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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 218   View pdf image (33K)
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218 LAND-HOLDER'S ASSISTANT.

his lordship's being at some future time paid his rents and
dues in respect to those lands; he therefore moved the court
to " appoint some course, either by way of extent or
otherwise" whereby his lordship might be secured and satisfied;
whereupon it was ordered that for all lands in the
predicament described his lordship, his heirs or assigns should
" from thenceforth have the same in extent for thrice the
number of years for which the rent remained in arrear, and that
he should have power to lease or grant all or any part thereof
to any persons qualified to take up land under the conditions
of plantation, for such number of years as aforesaid, or for
any shorter time &c. the said order to stand in force until
some future Assembly should prescribe a different course to
be taken for his lordship's satisfaction."

    LIBER No. 1. folio 254.  

    In Liber No.4, (folio 534) is a full return of proceedings
under a writ of this kind on a deceased person's estate
including a sale by outcry, and a lease under the privy seal to the
purchaser in extent. It appears that, under an order of the
provincial court, a kind of a jury of twelve men, consisting
of the creditors of the deceased, was summoned, who valued
or appraised the land in question to 145 pounds of tobacco
yearly, stating that, at that rate extended, it would in
ninety-nine years make up the sum of 14355 pounds of tobacco;
and desiring that Thomas Prescott, doubtless one of the
creditors and appraisers, might have the refusal thereof: upon
return of this appraisement, one of the creditors suggested
that the land was valued at too low a rate, for which reason,
the court, to satisfy all parties, directed it to be sold at outcry.
Whereupon proclamation was immediately made by the
sheriff that the land belonging to capt. Lewis, at Nanjemoy
deceased, was extended, and appraised at fourteen thousand
three hundred and fifty-five pounds of tobacco for
ninety-nine years, and that if any one would give more he was then
to appear and so declare; but no person appearing, the land
was awarded to Prescott upon his giving security for the
payment of the abovementioned quantity of tobacco, to be
divided among the creditors in proportion to the amount of
their respective claims, exhibited and allowed; and it was
ordered that the proprietary's secretary should, on his
lordship's behalf, pass a grant to the said Prescott of the land
aforesaid, agreeably to the certificate remaining in the office,
and upon the rent originally reserved, for the term of
ninety-nine years, with warranty against any former grant, extent,
mortgage, jointure, dower, or other claim or incumbrance
whatsoever; which grant or lease, though only under the
privy seal (meaning the secretary's seal of office) was executed
accordingly.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 218   View pdf image (33K)
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