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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 340   View pdf image (33K)
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340 LAND-HOLDER'S ASSISTANT.

made and certificates to be returned: to order witnesses to
be summoned by the register of the land office of the western
shore, and to enforce obedience to such summons by
attachment. In case of dispute between a purchaser and another
person, if the chancellor should be of opinion that the former
could derive from the state a title to a part only of the land
purchased, and that the other party had also a right to part
thereof, he was authorised to enquire by means of a
commission to five competent and disinterested persons, what damage
the purchaser would sustain by the loss of such part of his
purchase, which damage they were to certify to the
chancellor, who thereupon might proceed to adjudge and determine
the damage so sustained, and cause a certificate of such his
determination to be made by the register in chancery, which
certificate being produced to the treasurer was to be that
officer's authority and direction to enter the amount of such
damage to the credit of the bond passed for the property, or
if the purchase money had been paid, to refund the amount
aforesaid (in money or in certificates according as the
payment had been made) and, if no bond had yet been given, the
damage so certified was to be deducted, in taking the same,
from the sum agreed to be paid for the land: In all the cases
aforesaid, the chancellor had power to award costs in his
discretion, and to enforce obedience to his orders on that
head by attachment and commitment in case of
non-payment.

    An act of 1786 ch. 44, after setting forth a variety of
inconvenient and perplexing circumstances arising from the
manner in which confiscated property had been sold, and in
particular from the selling of land by the acre where the
quantity was not ascertained, and taking bonds on a
calculation of the greatest supposed quantity, directed that the late
commissioners and the late intendant of the revenue should,
without delay, cause the lands by them respectively sold, (so
far as the amount of the purchase money depended, by the
contract, eventually, on the quantity of land,) to be accurately
surveyed, and certificates thereof returned, with general
illustrative plots, shewing the interference of the lands sold
with each other, or with other adjacent and older tracts, and
noting any thing which might affect the title or interest of the
purchasers; and where it appeared that the said purchasers
were entitled in justice to any discounts or allowance, to certify
the same with the reasons for their opinion to the chancellor,
who was authorised to pass his order thereon, or to enquire
and proceed as if he was originally possessed of the matter
by petition, and to make such allowance as he might judge
proper, as also to pass such orders as equity might require
where it appeared that a purchaser had an equitable title under





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 340   View pdf image (33K)
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