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412 Assembly Proceedings, Sept. 21-Oct. 29, 1742.
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Session
Laws
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the Proprietor, or Proprietors, as aforesaid, or a Tender thereof by
such Person, or Persons, who shall be willing and desirous to take
up such Lot or Lots aforesaid, and Refusal by such Proprietor, or
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p. 27
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Proprietors, and such Payment or Tender, and Refusal, being duly
proved by the Oath of one or more lawful Witness or Witnesses,
before Two Justices of the Peace for the said County, by the said
Person or Persons intending to take up the same, and an Entry or
Record thereof made by the Town-Clerk aforesaid, and returned
by him to be lodged with the other Proceedings, in the County-Court
Office, as aforesaid, shall give and make to such Person or Persons,
paying or tendering as aforesaid, in absolute Estate in Fee-Simple,
in such Lot or Lots, such Person or Persons complying with the
other Requisites in this Act mentioned; any Law, Statute, Usage, or
Custom, to the contrary notwithstanding.
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Lots to be
built upon
in 18
Months
after the
taking-up.
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And be it Enacted, That all Lots hereafter to be taken up, shall be
built upon and improved, as according to the before Dimensions,
within Eighteen Months after the taking up of the same, which
Lots so built upon by the Takers-up, or their Heirs, or Assigns, and
paid for, or Tender of Payment made as before provided, shall be
the Right, Property, and Estate of such Person or Persons so taking
up, improving and paying, their Heirs and Assigns for ever.
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Two Years
allowed for
the Taking
up of Lots.
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And be it further Enacted by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That all Persons minding to take
up Lots in the Town aforesaid, shall have free Liberty to take up and
enter the same for the Space or Two Years, to be computed from
the Time of making up the same Survey; but in case all the Lots
should not be taken up within Two Years after the Survey made,
that then the Proprietor, or Proprietors, shall be no ways divested of
their Right to such of the said Lots as shall not be so taken up.
Provided always, That the Proprietor of the remaining Land, not
taken up or held, shall have the Preference of taking up any Five
Lots he shall think fit, so that he make his Election within Four Days
after the Survey aforesaid is to be made.
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One Penny
Sterling to
be paid to
his Lord-
ship, for
every Lot
so taken up.
p. 28
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And be it further Enacted, That every Person who already hath,
or hereafter shall take up, pay for, and build on any of the Lots laid
out by Virtue of the Acts of Assembly, their Heirs, and Assigns for
ever, shall be chargeable with, and liable to the Payment of One
Penny Sterling Money, for each Lot so taken up, paid for, and built
on, to the Right Honourable the Lord Proprietary, and his Heirs for
ever, and that the Clerk of Somerset County yearly transmit to his
Lordship's Agent for the Time being, an Account of all the Lots so
taken up, paid for, and built on, according to the Directions of the
said Act.
Saving to his most Sacred Majesty, his Heirs, and Successors, the
Right Honourable the Lord Proprietary, his Heirs, and Successors,
and to all Bodies Politic and Corporate, and all other Persons not
mentioned in this Act, their several and respective Rights.
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