1847. Right to light, according to the true intent of the testator, expressed in his will allowed and approved by the court of probate; and any sale or conveyance made otherwise shall be void.* SECT. 28. No person shall acquire, by adverse occupation, the not to be gained right to keep, sustain, or enjoy, any window or light adjoining to, by adverse pos- over, or upon, the premises of any other person, or persons, so as to prevent the owner of said premises from erecting and maintaining thereon any house, or other building, in the same manner as if said window or light had not been so used or enjoyed. session. 1846. within limits of by adverse possession, SECT. 29. If the owner or occupant of any land, adjoining any Right to land railroad or canal in this state, has, since the tenth day of June, one railroad or canal, thousand eight hundred and thirty-one, taken, or shall take, into his not to be gained inclosure any part of the land belonging to said railroad or canal, as located and established, or since that time, has erected, or shall erect, any building upon any land belonging to any such railroad or canal as aforesaid, no continuance of such inclosure or building, or length of possession of the land belonging to such railroad or canal, so inclosed or built upon, shall create in such owner, or occupant, or in any person claiming under him, any right to the land belonging to such railroad or canal, so inclosed or built upon. 1829. 1849. ministrator of SECT. 30. When the mortgagee of any lands or tenements shall Executor or ad- die, his executor or administrator may, on receiving the amount due mortgagee may to the estate of such deceased mortgagee, or in case the debt secured release legal title. by the mortgage shall have been paid before the death of such mortgagee, or whenever such debt shall have been paid to the assignee of the same, if said debt shall have been assigned, release to the mortgagor, his heirs or assigns, the legal title to the mortgaged property. The guardian of any minor, who is a mortgagee, may, on receiving the mortgage money, release the legal title to the mortgagor, his heirs or assigns; and conservators may release to the mortgagor, may release the his heirs or assigns, the interest possessed in mortgaged property by their respective wards as mortgagees, whenever the mortgage debt is satisfied.t Guardian may release legal title. Conservators interest of their wards. 1855. Executors, &c., may convey le gal title, when. 1841. tors, when evidence of title. SECT. 31. Executors and administrators, whose respective testators or intestates were, at the time of their death, mortgagees, or owners by assignment, or otherwise, of mortgages of lands, or tenements; and guardians, or conservators, whose wards shall be, or shall become, such mortgagees, or owners of mortgages, may, upon the previous or subsequent lawful sale, or assignment, of the debt secured by such mortgage, convey to the purchaser of such debt such legal title to the mortgaged property, as shall be vested in their respective testators, intestates, or wards. SECT. 32. No award of arbitrators, which has been made since Award of arbitra- the twentieth day of May, one thousand eight hundred and fortyone, or which shall hereafter be made, purporting to decide the right or title in, or the boundary of, any real estate, shall be admissible as evidence for the proof of such right, title, or boundary, unless the submission of the parties to such arbitration shall be under their hands and seals, attested by two witnesses, and acknowledged before some proper authority, in the manner required by law for the acknowl *Power to two executors to sell does not give one that power. Bull v. Bull, 3 Day, 884. But the one accepting trust, the other declining, may sell, if authority is given in the will. Solomon v. Wixon, 27 C. R. 520. A power to sell and dispose of lands is a power to sell only. Seymour v. Bull, 3 Day, 388. What refusal of executorship, sufficient. Ayres v. Weed, 16 C. R. 291. + Mortgage title does not revest by payment of mortgage money after law day. Doton v. Russel, 17 C. R. 146. edgment of deeds, nor unless such award shall be in writing, and under the hands and seals of the arbitrators; and such submission and award shall not be good and effectual against any person or persons, but the parties to the same and their heirs, unless recorded at length by the town clerk of the town where such real estate lies.* CHAPTER II. OF THE ESTABLISHMENT OF BOUNDARIES. 1859. lands, between etors, how re-es SECT. 33. Whenever the boundaries of lands between two or more adjoining proprietors shall have been lost, or, by time, acci-Boundaries of dent, or any other cause, shall have become obscure and uncertain, adjoining propriand the adjoining proprietors cannot agree to establish the same, tablished. one or more of said adjoining proprietors may bring his petition, in equity, to the superior court, for the county in which such lands, or a portion of them, are situated, and such superior court, as a court of equity, may, upon such petition, order such lost and uncertain bounds to be erected and established; and for that purpose, may appoint a committee of not more than three able, judicious, and disinterested, freeeholders of this state, who shall give due and reasonable notice to all parties, interested in said lands, to appear before them; and said committee shall take the oath hereinafter provided, and shall, as soon as may be, inquire into the facts, and proceed to erect and establish such lost and uncertain bounds, and, when necessary, may employ a surveyor to assist therein; and said committee shall, as soon as may be, report the facts and their doings, to the superior court, pursuant to their appointment; and if said court shall find said parties have been duly notified and heard, or had an opportunity to be heard, it may approve, and by decree confirm, the doings of said committee; and certified copies of said report and decree shall be recorded in the records of the town or towns, in which said lands are situated, and the bounds, so erected and established, shall be the legal bounds between said adjoining proprietors.† SECT. 34. The committee appointed under the preceding section, Form of oath, for shall, before entering on the duties of their appointment, take the committee. following oath: You swear that you will faithfully inquire into the facts that may be presented to you, and impartially ascertain and establish the bound's submitted to you, and report the same to the court, pursuant to your appointment; so help you God. *If submission is not executed as provided in this section, award cannot pass the title. Parmelee v. Allen, 32 C. R. 115. As to what is a lost boundary, and for various other points under this section, see Perry . Pratt, 81 C. R. 483. CHAPTER III. OF THE DISPOSAL AND MANAGEMENT OF COMMON AND UNDIVIDED LANDS. Certain divisions confirmed. SECT. 35. All grants, divisions, and dispositions, of common and grants of land lands, made according to ancient custom in town meetings, and all divisions of common and undivided lands, made by the proprietors of towns, shall be good and effectual in law; and whatever part or interest such proprietors have in any common and undivided land in any towns, not disposed of, shall be taken to be their proper Proprietors of common lands may hold meet a clerk, &c. estate.* SECT. 36. Such proprietors of common and undivided lands in any towns, and such as legally represent them, may hold their meetings, and appoint ings in such respective towns, to choose a clerk to enter and record their doings, who shall take the following oath, to wit: Whereas you, M. C., are chosen clerk of this propriety, you swear that you will truly and faithfully execute the office of clerk according to your best skill, and make entry of all such votes, as shall be made according to law, and deliver true copies of the same, when they shall be required, taking only your lawful fees; so help you God. And all records of their votes and proceedings, attested by him, shall be admitted as lawful evidence. Power of proprie. SECT. 37. The proprietors in such meetings may, after the ancient tors in meetings manner and custom in towns, by their major vote in such meetings, to be computed according to their interest in such lands, regulate, manage, use, and divide such common land, in such manner and proportion as they shall think proper; but they shall not divide and set out lands sequestered for town commons; and when the proprietors have, by any vote upon record in their towns, obliged themselves to act for the future in any other method in dividing the undivided lands in such townships, such vote, being the act of the proprietors, shall be valid and binding upon them and their heirs, and the undivided lands referred to in said vote shall be divided and held according to such vote. Power to lay tax collectors, SECT. 38. The proprietors of common and undivided lands in any es, and appoint town may, at a legal meeting, by their major vote, make a rate, as occasion may require, to defray the necessary expenses incurred by said proprietors, and appoint collectors to collect the same, who shall be vested with the same powers as the collectors of town taxes, and shall make payment of the money collected by them to the proprie tors appointing them, or to their order, on the same penalties and under the same regulations as collectors of town taxes. Power to ex highways, and SECT. 39. The said proprietors may, at their lawful meetings, change lands for make exchange of any of the common land, for necessary and conformer exchanges Venient highways in said town, with any of the proprietors, inhab confirmed. itants, or owners, of such land, as shall be judged most convenient *Copy of certificate of survey not admissible in evidence, when. Wells e. Tryon, 3 Day, 489. and necessary by the proprietors aforesaid, which exchanges shall be entered in the proprietors' book of records, and shall be good and valid to the use of the person receiving the same, and to his heirs and assigns forever; and all exchanges heretofore made, for the use aforesaid, shall be good and valid. SECT. 40. When any five or more of the proprietors of such com- Meetings, how mon and undivided land shall judge a proprietors' meeting to be called. necessary, they may apply to a justice of the peace, within the county where the lands lie, for a warrant to call a meeting of the proprietors, expressing the time, place, occasion, and business, of such meeting; and such justice of the peace may grant a warrant for such meeting, which shall be published by inserting it in some newspaper, published in or nearest the town in which such lands are situated, four weeks successively, and also by posting it on the public sign-post in such town, at least twenty days before the time appointed for such meeting, which shall be sufficient warning and notice for said meeting; but when said proprietors have agreed upon a different mode of warning their meetings, such mode, or that prescribed by this act, shall be sufficient. ments shall be SECT. 41. If any person, within fifteen years, has taken, or shall How encroachtake, into his inclosure, any part of common and undivided land, a removed, &c. committee appointed by the proprietors of such land, which committee the proprietors of common and undivided lands, or any three of of such proprietors, may appoint, shall give notice to the person offending, to remove the same within such time as the committee, or proprietors, shall appoint, not exceeding one month after such notice; and on his neglect, such committee, or proprietors, may remove the same, and the person, making such encroachment, shall be liable to pay the expense of throwing down and removing such encroachment, to be recovered by any proper action in the name of the committee, or proprietors, who remove the encroachment; and if the person so offending shall take in the same, or a greater or less quantity of land, when his fence has been removed as aforesaid, he shall incur a penalty of seven dollars for every such offense, to be recovered, in any proper action, by the committee, or proprietors, who gave the warning, one-half to the proprietors, and the other half to the treasury of the county. the town. SECT. 42. The proprietors of common and undivided lands, in Proprietors may towns, in legal meeting, may, by a major vote, transfer such lands transfer lands to to the town in which they are situated, and may appoint a committee, or any person, to execute proper conveyances, which shall be valid; and when such votes have been passed, and committees appointed to execute conveyances, such committees, or a major part of them, may execute conveyances, which shall be valid. posited with the SECT. 43. The records of proceedings, kept by the proprietors of Proprietors recommon and undivided lands, may, by their order, be deposited with cords may be dethe town clerk in the town where the lands lie, and, where they lie town clerk. in several towns, with the clerk of the most ancient town; and when such proprietors have ceased to hold meetings, any person, having the records in his possession, may deposit them with the town clerk as aforesaid, and in such cases the town clerk shall keep the same, and shall give true copies thereof when required, which shall be legal evidence. Former grants SECT. 44. All grants or cessions of common and undivided lands, 1825. in any town in this state, which have heretofore been made by confirmed. the vote of the proprietors, in legal meeting, to the town in which 1831. Power of propri such lands are situated, shall be good and valid to transfer the title of such lands; and such vote, being recorded on the records of the town, a copy thereof, certified by the town clerk, shall be legal evidence of such cession or grant. SECT. 45. The proprietors of towns may, by their major vote, in etors to sell lands any lawful meeting, bargain and sell their common and undivided by a committee. lands, and appoint a committee, a major part of whom may, in behalf of such proprietors, and in pursuance of such vote, execute deeds, which shall be as valid and effectual to convey the title to said lands, as if executed severally by said proprietors. 1881. ances confirmed. SECT. 46. All grants and conveyances, of common and undivided Former convey lands, heretofore made by a committee, or other person or persons, appointed for that purpose by said proprietors, at any legal meeting, by their major vote, whether computed according to their several interests or otherwise, shall be good and effectual to convey the title and interest of said proprietors in said lands, to the grantee or grantees, according to the terms of such grant and conveyance. 1859. Powers of selectmen where there committee. SECT. 47. The selectmen of any town, where there is no proprietors' committee of common and undivided lands in said town, shall is no proprietors' have the same power in regard to common and undivided lands, and the laying out and dividing the same, during the term of their office, as proprietors' committees have, and they shall have said power until a proprietors' committee shall be legally appointed in such town. The fees, for services as such committee, shall not be paid to such selectmen by the town, but by the person calling them out, or requesting their services. CHAPTER IV. OF THE CESSION OF JURISDICTION, OVER CERTAIN LANDS, TO THE Preamble. SECT. 48. Whereas, the congress of the United States, by an act passed at the second session of the thirty-seventh congress, and ap proved July 15th, A. D. 1862, provided "that a board of officers, to be appointed by the secretary of the navy, should make a survey and examination of the harbor of New London, in this state, and its surroundings, with reference to its capacity and fitness for a naval depot and navy yard, and whether the public interests would not be promoted by the establishment of a naval depot and navy yard in or near said harbor of New London, instead of League Island;" and whereas, the board of officers appointed under said act, having made their survey and examination, have reported in favor of New London, and recommended the establishment of a great naval yard and depot at that point, as possessing the necessary advantages for that purpose, in a greater degree than any other proposed location, and that the public interests will be better promoted by its establishment there than at League Island; and whereas, this state is desirous of extending to the government of the Uni |