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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 306   View pdf image (33K)
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306 LAND-HOLDER'S ASSISTANT.

lands westward of Fort Cumberland, being those which we
have noticed in the former book as having been issued in
consequence of the order of the board of revenue, taking off the
reserve that had been laid on those lands. In opening the land
office, by the act of 1781, ch. 20, the lands located or surveyed
by, or under those warrants were excepted from the general
appropriation of the vacant land in that quarter, but grants
thereon were suspended until the further order of the general
assembly. It was now thought proper to let those grants pass,
but not until after the first day of July following the passage
of the act, and with proviso and condition that the common
consideration of one shilling sterling per acre had been paid,
and that the certificates were bona fide the property of
citizens of Maryland or of some of the United States at the
time of opening the land office as aforesaid; and further, that
if a grant had been, or should thereafter be, obtained on any
certificate returned in virtue of any warrant issued between
the two days before specified, which certificate at the time of
passing the before mentioned act of 1781, was not bona fide
the property of some citizen as aforesaid, or for which the
consideration was (at the passage of the said act) unpaid,
such grant should be void, and should be so held and
adjudged, &c. The special powers given to the chancellor for
discovery of the truth, and directions concerning the
proceeding to be had in these cases, will be noticed in another place.
But there follow two other provisions concerning warrants
granted for lands westward of Fort Cumberland, by the first
of which it was declared that any grant issued, or to issue,
on such warrants; obtained on or after the sixth day of
October 1774 aforesaid, should be void, and so held, &c. By
the other, being the last section of the act under
consideration, it was provided that where surveys westward of Fort
Cumberland had been made under warrants obtained between
the 22nd of March and the 6th of October 1774 in which the
quantities expressed in the warrants had been exceeded, grants
might issue on such surveys, on the excess being paid for to
the treasurer of the Western Shore, provided that the
warrants had not been exceeded more than one fourth. A
provivision was afterwards made, by a supplement to this act,
passed at the session of 1785, chapter 67, for certain cases in
which the warrants had been exceeded more than one fourth,
and the whole excess compounded on under the act of April
1782, chapter 38, or that of the November session of the
same year, chapter 5. These cases were referred to the
chancellor, who, by examination, in the manner prescribed in the
original act, was to ascertain whether the certificates were
regular in respect to the citizenship of the parties as before
defined, and was then to consider and determine whether the





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 306   View pdf image (33K)
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