Deeds conveying, to be acknowledged and recorded. Town clerk to minute on, when received for record. Remedy against grantor refusing to acknowledge. Same subject. Deed, how proved if grantor dies or removes before acknowledging. Deeds executed out of state, and within United States, how acknowledged. or naval service of the United States, the same may be acknowledged before any colonel, lieutenant-colonel, or major in the army, or before any officer in the navy not below the grade and rank of lieutenant-commander; and such conveyance shall be recorded, or lodged to be recorded, in the office of the town clerk of the town where the said lands or tenements lie. SEC. 4. All bargains, sales, and other conveyances whatsoever of any lands, tenements, or hereditaments, whether they be made for passing any estate of freehold or inheritance, or for term of years, exceeding the term of one year, and all deeds of trust and mortgages whatsoever, which shall hereafter be made and executed, shall be void unless they shall be acknowledged and recorded as aforesaid: Provided, that the same, between the parties and their heirs, shall nevertheless be valid and binding. SEC. 5. Whenever any deed, lease, covenant, bond of defeasance, or other instrument whatever, touching the transfer or conveyance of any such real estate, shall be presented to any town clerk for record, such town clerk immediately thereupon shall cause to be entered in writing on such deed or other instrument the day, the hour, and minute, when the same was presented for record. SEC. 6. If the grantor of any lands, tenements, or hereditaments shall refuse to acknowledge his deed or conveyance by him signed, sealed, and delivered, being thereunto required by the grantee, his heirs, or assigns, any judge or justice of the peace within the town where the grantor dwells, on complaint in writing made by the grantee, his heirs, or assigns, and supported by the oath of the complainant, may issue a warrant against the party refusing, and examine him touching such refusal; and if he shall persist in such refusal, commit him to prison without bail, until he shall acknowledge the same, unless he shall appeal to the supreme court at the term thereof next to be holden in and for the county in which such examination shall be had. SEC. 7. In case of such appeal, the appellant shall give bond with surety for his appearance, and for the prosecution of his appeal with effect; and the grantee may file a copy of his deed in the town clerk's office, pending such appeal; and the same being so filed, shall be equally available to the party during the pendency of such appeal as if the said deed were acknowledged and recorded as above directed; and the same shall be accounted sufficient caution to all persons, against purchasing the estate in such deed mentioned to be conveyed. SEC. 8. Whenever any grantor, after the execution of the deed, shall die or remove out of the state before the same shall be acknowledged, the said deed may be proved by the oath of one or more of the witnesses to such deed, if any there be; but if there be no witnesses to such deed, then the handwriting of the grantor may be proved by other sufficient evidence before the supreme court, or any court of common pleas within this state; and such proof shall be equivalent to the party's acknowledgment. SEC. 9. Every conveyance of lands being within this state, or any instrument relating thereto, executed without the limits of this state, and within the United States, may be acknowledged before any judge, justice of the peace, mayor, or notary public in the state where the same is executed, or by any commissioner appointed by the governor, and duly qualified thereunto; and if without the limits of the United States, before any ambassador, minister, charge des affaires, consul, vice-consul, or commercial agent of the United States, or by any commissioner appointed and qualified as aforesaid, in the country in which such deed or instrument is executed. SEC. 10. Every conveyance of lands lying within this state, or any instrument relating thereto, executed without the limits of the United States, to which any ambassador, minister, charge des affaires, consul, vice-consul, commercial agent of the United States, or commissioner appointed by the governor, shall be grantor, may be executed in the presence of two witnesses; and an official certificate, under the hand and official seal of the grantor, that such deed or instrument is his act and deed, shall be equivalent to an acknowledgment of such deed or instrument, in the manner required by law. Deeds executed without United States, how acknowledged. CHAPTER 163. OF CERTAIN INDIAN GRANTS, AND grants of LAND BY THE SECTION 1. Indian grants of lands in Newport, Providence, Portsmouth, Warwick, and Westerly, confirmed. Grants of lands by New Plym SECTION outh and Massachusetts, in SECTION 1. The two following acts, the first passed in May, 1682, and the second in January, 1746, are continued in force as they have heretofore been: An act confirming the grants heretofore made by the inhabitants of the towns of Newport, Providence, Portsmouth, Warwick, and Westerly. Whereas, in the fifteenth year of the reign of Charles the Second, Preamble. there was a charter granted to this state of Rhode Island and Providence plantations, in which were contained many privileges to the free inhabitants thereof; and among other of the said privileges there was granted to the general assembly of said state full power and authority to make and ordain laws suiting to the nature and constitution of the place, and in particular to direct, rule, and order all matters relating to the purchases of land of the native Indians; and whereas the lands of the several towns of Newport, Providence, Portsmouth, Warwick, and Westerly were purchased by the several inhabitants thereof of the native Indians, chief sachems of the country, before the granting of the said charter, so that an order or direction from the said assembly could not be obtained therein; and it being thought necessary and convenient for the reasons aforesaid that the lands of the said towns be, by an act of the general assembly of this state, confirmed to the inhabitants thereof, according to their several and respective rights and interests therein : SECTION 1. Be it enacted by the general assembly, and by the Indian grants authority thereof it is enacted, That all the lands lying and being of lands in within the limits of each and every of the aforesaid towns of New Newport, Providence, Ports mouth, Warwick, and Westerly, confirmed. Grants of lands outh and Massachusetts, in Bristol, Tiverton, Little Compton, Warren, and Cumberland, confirmed. port, Providence, Portsmouth, Warwick, and Westerly, according to their several respective purchases thereof, made and obtained of the Indian sachems, be and are hereby allowed of, ratified, and confirmed to the proprietors of each of the aforesaid towns, and to each and every of the said proprietors the several and respective rights and interest therein, by virtue of any such purchase or purchases as aforesaid; to have and to hold all the aforesaid lands by virtue of the several purchases thereof, with all the appurtenances, privileges, and commodities thereunto belonging, or in any wise appertaining to them, the aforesaid proprietors, their heirs, and assigns forever, in as full, lawful, large, and ample manner to all intents, constructions, and purposes whatsoever, as if the said lands and every part thereof had been purchased of the Indian sachems, by virtue of any grants or allowances obtained from the general assembly of this state after the granting the aforesaid charter. An act quieting possessions and establishing title of land within the towns of Bristol, Tiverton, Little Compton, Warren, and Cumberland. SECTION 1. Be it enacted by the general assembly, and by the by New Plym- authority thereof it is enacted, That all grants and conveyances of land heretofore made by the general assemblies of the late colony of New Plymouth, the late colony of the Massachusetts, or by the province of the Massachusetts Bay, or by any commissioners, agents, or persons by them or any of them duly appointed and authorized, or by any other authority derived from them, or any of them, lying within any of the towns aforesaid, shall be as good, valid, and effectual, to all intents and purposes whatsoever, to the grantees, their heirs, or assigns, as if the lands so granted had really been situated in the colony or province by whom or by whose authority the same were made, and shall forever hereafter be so adjudged and construed in all courts of judicature in this state. Same subject. Same subject. SEC. 2. And be it further enacted, That all estates both real and personal left by persons who have died intestate before the publication of this act, and which lie or are within the bounds of the aforesaid towns, shall be distributed and settled among the children or legal representatives of such intestates, agreeably to the laws of the province of the Massachusetts Bay in force at the time of such intestates' death; which laws shall have the same force and effect in this state, in the trial of and settling and distributing such intestates' estates, as if the same were laws of this state duly made, and shall be so adjudged, construed, and understood by all judges and ministers of justice in this state; and that the several town councils of the above-mentioned towns be and they are hereby fully empowered and required to complete the distribution and settlement of such intestates' estates as aforesaid, which yet remain unsettled, in the same manner, and as fully and effectually in all respects, as the same could have been by the courts of probate had the said towns still remained within the province of the Massachusetts Bay. SEC. 3. And be it further enacted, That all grants, deeds, conveyances, and land evidences whatsoever, that have heretofore been made of any lands within any of the aforesaid towns, and which were executed and registered according to the laws in force there at the time of making the same, shall be adjudged and deemed as good, valid, and effectual, to all intents and purposes whatsoever, as if the same had been made, executed, and recorded within and according to the laws of this state; and copies of all such grants, deeds, conveyances, and land evidences, produced from and attested by such offices and officers where the same are registered, shall be received as lawful evidence by all courts in this state. WHEREAS, at the first settling of this state, and for sundry years Preamble. afterwards, lands were of little or no value, and skilful men in the law were much wanted, whereby many deeds, grants, and conveyances were weakly made, which may occasion great contests in law if not timely prevented; therefore, SECTION 1. All grants, charters, and conveyances heretofore made by the general assembly unto any town, corporation, community, or propriety, or to any other person or persons whomsoever, shall be, and they hereby are ratified and confirmed as good and effectual to all intents and purposes in law, for the conveying all such lands, tenements, hereditaments, rights, privileges, and profits as are therein mentioned, to the said towns, corporations, communities, proprieties, person or persons, and to their respective successors, heirs, and assigns, forever. Grants by gen eral assembly confirmed. Twenty years' possession to make title. SEC. 2. Where any person or persons, or others from whom he or they derive their title, either by themselves, tenants, or lessees, shall have been for the space of twenty years in the uninterrupted, quiet, peaceable and actual seizin and possession of any lands, tenements, or hereditaments, for and during the said time, claiming the same as his, her, or their proper, sole, and rightful estate in fee-simple, such actual seizin and possession shall be allowed to give and make a good and rightful title to such person or persons, their heirs and assigns forever; and any plaintiff suing for the recovery of any such lands may rely of pleading upon such possession as conclusive title thereto; and this chapter same. being pleaded in bar to any action that shall be brought for such lands, tenements, or hereditaments, and such actual seizin and possession being duly proved, shall be allowed to be good, valid, and effectual in law, for barring such action. Saving of stat ute, in case of Adverse possession, how proved in suits involving title to real estate. Easement of light or air, when not acquired, &c. Rights of footway, when not. Of proceedings by notice, &c., to prevent the acquiring by another of right in land, by use of way, casement, or privilege. Effect of such notice. Saving of rights of the shore. SEC. 3. Nothing in this chapter shall be construed, deemed, or taken to extend to prejudice the rights and claims of persons under age, non compos mentis, femes covert, or those imprisoned, or those beyond the limits of the United States; they bringing their suit therefor within the space of ten years next after such impediment is removed, or to bar any person or persons having any estate in reversion or remainder, expectant or depending, in any lands, tenements, or hereditaments, after the end or determination of the estate for years, life or lives; such person or persons pursuing his or their title by due course of law within ten years after his or their right of action shall accrue. SEC. 4. In all suits hereafter brought in which title to any easement in real estate shall be claimed by virtue of adverse possession of the same for the period of twenty years, or by prescription, the use of the same shall not be admitted as evidence that the party claimed the easement as his right, but the fact of adverse possession shall be proved by evidence distinct from and independent of the use; and that the party against whom the claim is made had express notice thereof; and these provisions shall apply to public as well as private claims. SEC. 5. Whoever has erected, or may erect, any house or other building near the land of another person, with windows overlooking such land, shall not, by mere continuance of such windows, acquire any easement of light or air, so as to prevent the erection of any building thereon. SEC. 6. No right of footway, except claimed in connection with a right to pass with carriages, shall be acquired by prescription, or adverse use for any length of time. SEC. 7. Whenever any person shall be in the use of a way, or other easement or privilege in the land of another, the owner of the land in such case may give notice in writing to the person claiming or using the way, easement, or privilege, of his intention to dispute any right arising from such claim or use, and such notice served and recorded as hereinafter provided shall be deemed an interruption of such use, and prevent the acquiring of any right thereto by the continuance of such use for any length of time thereafter. Such notice, signed by the owner of the land, his guardian, or agent, may be served like a summons in a civil action on the party, his agent, or guardian, if within this state, otherwise on the tenant or occupant, if there be any; such notice, with the return thereon, shall be recorded within three months thereafter in the records of deeds of the town in which the land is situated, and a copy of such record, certified by the town clerk to be a true copy of the record of such notice, and the officer's return thereon, shall be evidence of the notice, and of the service of the same. SEC. 8. Whenever notice is given to prevent the acquisition of a right to a way or other easement as aforesaid, such notice shall be considered so far a disturbance of such right or claim, as to enable the party claiming to bring an action of the case for disturbing the same, in order to try such right; and if the plaintiff in such suit prevails, he shall recover full costs. SEC. 9. Nothing herein contained shall affect any rights of the shore to which the people of this state are now entitled under the charter, constitution, or by law, or be construed to apply to any preceding action. SEC. 10. No enjoyment by any persons, companies, or corporations |