" for special warrants to take up cultivated or improved
" vacant land," on the payment of three shillings and six pence
current money per acre; the parties returning certificates
under such warrants, to pay four shillings more per acre
within one year from the dates of the warrants, so that the state
shall receive the sum of seven shillings and six pence for
every acre of vacant land granted under warrants so to be
issued. After thus fixing the price of vacant land, which was
afterwards, by the act of 1778, ch. 44, reduced to three
shillings and nine pence per acre, payable in the same
proportions, to wit: one shilling and nine pence on taking the
warrant, and two shillings more within a twelve month: the
section proceeds to direct that no payment shall be delayed or
denied on account of the second payment not being made, but
that the register in making out a patent under such
circumstances shall endorse the sum due or to become due thereon,
and deliver an account thereof, accompanied by the date of
the warrant, to the treasurer of the western shore, to be
entered on a book to be kept for that purpose; and, that on failure
of regular payment, the treasurer shall lodge an account
against the patentee with the clerk of the general court, or the
county court where the party resides, who shall issue fieri
facias against the lands and tenements, goods and chattels, of
such patentee, to raise the money due on such patent; the
land so granted to be liable therefor, in whosever hands it may
be. On this provision, which if not expressly repealed, does
not accord with the spirit of subsequent regulations, some
remarks will hereafter be made.
This section further provides, that the treasurer for the
western shore shall receive for improvements on cultivated
lands their actual value, and for escheat land two thirds of its
real value, in current money: It provides also that common
or special warrants may issue from the land office (on the
western shore) for deficiency in any grant, and likewise in the
case of caution money paid and the certificate vacated. This
has already been noticed as having reference to the
proprietary's grants, but it is a regulation operating also on those of
the state government.
The 6th section directs that the time for compounding on all
vacant land shall be within one year from the date of the
warrant, and that the purchase money on all escheats shall be paid
within the same time, after which, warrants may issue to other
persons who shall apply for the same; which regulations
are still in force. The same section gives power to the
governor and council, " from time to time, to make and establish
" such rules and orders for the direction of the treasurers in
" issuing their titlings or orders for warrants, and for the
" conduct of the examiner-general and the registers, in their
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