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WILLIAM PACA, Esq; Governor.
between the twenty-second day of March and the sixth day of October,
in the year seventeen hundred and seventy-four, and for which the common
consideration
of one shilling sterling per acre was paid, and which certificates were,
at the time of passing the said recited act, bonâ fide the
property of any citizen of
this or any of the United States. |
1784.
CHAP.
LXXV. |
III. And be
it enacted, That any grant issued or to be issued for any land lying
within any manor to the westward of Fort Cumberland, shall be void, and
so shall be held and adjudged in any court of law or equity within this
state. |
Grant issued
for land on
manors void,
&c. |
IV. And be it
enacted, That if any grant hath been obtained, or shall hereafter
be obtained, on any certificate returned in virtue of any warrant granted
between the twenty-second day of March and the sixth day of October, in
the
year seventeen hundred and seventy-four, which certificate, at the time
of passing
the said recited act, was not bonâ fide the property of
some citizen of this or some
one of the United States, or for which the consideration aforesaid was
not paid,
such grant shall be void, and so shall be held and adjudged in any court
of law
or equity within this state; and the chancellor may offer to the person
applying
for a grant to be examined upon oath or interrogatories touching the matters
aforesaid, and to examine witnesses respecting the same, in order that
it may be
discovered, in a summary manner, whether the certificate was, at the time
of
passing the above recited act, bonâ fide the property
of some citizen of this or
some one of the United States, and the consideration was paid as aforesaid;
and
if the party shall refuse to be examined upon oath or interrogatories,
and to have
the matter inquired into in a summary manner, then the chancellor may note
the
same, and give information thereof to the attorney-general, who shall file
a bill
in chancery against such person for the discovery of the truth of the facts
by the
regular course of the proceeding in the chancery court; and if it shall
appear to
the chancellor, either upon examination in a summary way aforesaid, or
upon a
bill being filed as aforesaid, that the certificate upon which patent shall
be applied
for was not bonâ fide the property of some citizen of this
or some of the
United States at the time of passing the above recited act, or that the
consideration
was not paid as aforesaid, in every such case the chancellor shall
not order
grant to be issued on such certificates, but shall declare the same void
and of none
effect; and the register of the land-office shall endorse the chancellor's
determination
on the certificate, and shall make a note thereof in the margin of the
record wherein the warrant upon which such certificate was made hath been
recorded. |
Certain grants
void, &c. |
V. And,
whereas it is represented to this general assembly, that on sale of
lands by the commissioners of the late proprietary to citizens of this
state, from
the year seventeen hundred and sixty-seven to the year seventeen hundred
and
seventy-one, grants have not issued in some cases where the whole consideration
was satisfied, and in other cases where part of the purchase money remained
unpaid; Be it enacted, That where
all the purchase money for the sales as aforesaid
has been paid, and in case where part only of the purchase money hath
been
paid, and any purchaser shall pay the balance due to the treasurer of the
western
shore, that in either case grant shall issue in the usual form to the purchaser
and
his heirs; and any money which shall be such purchasers be paid to the
said
treasurer as aforesaid, shall be by him paid to the legal representative
of the late
proprietary. |
Balance to be
paid to treasurer,
&c. |
VI. And be it
enacted, That if any grant has or shall hereafter issue for any
lands to the westward of Fort Cumberland, on surveys or resurveys, in which
vacancy is included, made in virtue of warrants granted on or after
the sixth day
of October, seventeen hundred and seventy-four, such grants shall be void,
and
so held and adjudged in all courts of law and equity. |
Grants including
vacancy void,
&c. |
VII. And,
whereas there may have been surveys to the westward of Fort
Cumberland made under warrants granted between the twenty-second day of
March and sixth day of October, seventeen hundred and seventy-four, where
the |
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