|
certifies that the Lands for which those Rents are claimed by both
Provinces that the Farmer be allowed such Deficiency
Of Lands returned not to be found but that the Patentee or Heir
Live in the Province
It is the Opinion that the Patentee or Heir having a Subject of
Distress may be distrained on for those as well as any other his
Rents & having other Lands but nothing of his own thereon the
Cattle of any other Person levant or conchant thereon is Subject to
Distress for the Whole As to what Proof may be sufficent that such
Land is not to be found it is the Opinion that the Surveyor of the
County in the Debt Book of which such Lands stand charged as
well as several reputable People of the same County should certify
that they do not know of any such Land there may be sufficient for a
Discretionary Discharge of such Farmer for such Rents
Of Lands returned not to be found nor Patentees or Heirs known
Where neither Land nor Heirs can be found It is the Opinion that
the Farmer may be discharged from such Rents upon producing such
Certificates as above as well from the Surveyor & Gentlemen of the
Neighbouring Counties as of the proper County Wherein such Lands
stand charged
Of Lands returned not patented & the Rents are there-
fore refused to be paid
It is the Opinion that the Farmer advertise such Lands as liable to
be taken up under the Proclamation that it may be known & People
thereby encouraged to apply for them under the Proclamation that
they may be the sooner brought under Rent before which it is not
thought reasonable that the Farmer should be chargeable
Of Lands returned Disclaimed
As to Disclaimer of Lands which are patented the Farmer is to pay
no Sort of Regard to any such Disclaimer or Refusal to pay Rents
But if the Parties are in earnest in their Disclaimer Let them petition
the Chancellor & produce the Original Patent or any Office Copy
under Seal with an Affidavit indorsed on such Copy that the Original
Patent is lost & pray that such Patent or Copy & the the Record
thereof be cancelled which being done the Disclaimers will be effectual
& from that time both the Rent will cease & the Farmer be discharged
Of uncultivated Lands belonging to Persons living out
of the Province
It is the Opinion that as the Claimer has nothing on the Land if
he has not other Lands on which Distress may be found nor any
other Persons Cattle to be found levant & conchant theron it must
be considered as an insolvent Debt & the Farmer ought to be dis-
charged
|
