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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 308   View pdf image (33K)
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308 LAND-HOLDER'S ASSISTANT.

applied to the examination of old certificates. Time foregoing
provisions have been selected from the early acts of assembly
as adjusting matters left in unfinished or doubtful situations
by the former government, and, as before mentioned,
connecting the old with the new proceedings of the land office:
I shall proceed now to a more general examination of those
acts.

    The act of November session 1781, chap. 20, " to
" appropriate certain lands to the use of the officers and soldiers
" of this state, and for the sale of vacant lands," which has
been already so often cited, and which is by subsequent
acts, as well as by general acceptance, termed the law
opening the Land Office
, is the first that makes arrangements
for disposing of the state's right to vacant land. This act,
after a preamble reciting that " there are large tracts of
" land within this state reserved by the late proprietaries
" which may be applied in discharge of the engagement of
" lands made to the officers and soldiers of this state, and"
that " the granting the other vacant lands in this state
" would promote population, and create a fund towards
" defraying the public burthen," proceeds as follows:

    " Be it enacted by the general assembly of Maryland, that
" all the lands within this state in Washington county,
" westward of Fort Cumberland, and for which located warrants
" have not issued, or surveys been made under common
" warrants and are now bona fide the property of any subject
" of this or any of the United States, and on which the money
" has been actually paid, shall be and are hereby
" appropriated to discharge the engagement of lands heretofore made
" to the officers and soldiers of this state, and the residue to
" the use of the public, as the general assembly shall
" hereafter direct ; and no grant shall issue on any survey made
" in virtue of such warrants before the order of the general
" assembly."

    This section is inacurately worded, and its meaning may
be better understood by a transposition and some change of
terms, so as to read in substance, that all lands within the state
in Washington county, westward of Fort Cumberland, were
appropriated to discharge the engagement made to the officers
and soldiers, and the residue, after completing that
engagement, to the use of the public, &c. except those lands on
which locations had been made by special warrants, or actual
surveys had been made under common warrants, (which
warrants or surveys, and the rights resulting from them, were at
the time of passing the act bona fide the property of subjects
of Maryland, or of some of the United States) and for which
lands the composition money had been paid, but with a
proviso that the lands so surveyed or located, and paid for, though





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 308   View pdf image (33K)
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