or authenticated copies, to be lodged in the land office,
the said persons being liable to the payment of no purchase
or caution money, or any charge or demand whatsoever,
except the common fees of office.
The 13th section of the act of November 1788, ch. 44,
takes off all reserves whatever, with exception of the
appropriations made or confirmed by that act, and subjects all
vacant land, as well westward of Fort Cumberland as
elsewhere in the state, not affected by warrants already out, to
be taken up in the usual manner by warrant, at the rate of
three shillings and nine pence per acre, payable in the
proportions before established; and this has continued to be the
price of vacant land, except in Allegany county, in which, by
the act of 1791, ch. 85, it is reduced to two shilling and six
pence, payable one half at the time of obtaining the warrant,
and the other on the return of the certificate.
The act of 1797, ch. 114, contains, in the three last
sections, several important provisions relative to caveats, which
although they will require to be noticed again, are proper to
be mentioned among that class of regulations which we have
at present under consideration. By these it is ordained,
that where composition money remains due on a certificate,
caveat shall not be entered against it without the party desiring
such entry first swears or affirms that he conceives he has, on
the ground of right or pretension to the land, or some part
thereof, a good cause for entering the same, and that it is not
done for the purpose of favouring the owner of the certificate,
by prolonging the time allowed for compounding, or by his
or any other person's request, but for the purpose only of
prosecuting by claim: 2d, That no caveat shall remain in
force longer than 12 months, unless, under special
circumstances, the chancellor (or, on the eastern shore) the judge of
the land office, (concerning whose appointment and
authorities we shall presently have occasion to speak) shall otherwise
direct. 3d, That all caveats already entered shall be brought
to issue on or before the first of January 1800, unless, on
special circumstances as aforesaid, it shall be otherwise directed;
and that, after that time, no particular order intervening, they
shall be " wholly discontinued, and the ordinary proceedings
" had as if no such caveat existed." The first of these three
provisions was intended to strengthen a former one of 1789,
ch. 35, sect. 5, by which it was declared that in case of a
caveat against a certificate on which caution money remained
unpaid, the time during which the said caveat might remain
undetermined should not be considered as a part of the time
limited for payment, provided the owner would make oath or
affirmation that he had not procured such caveat to be entered
for the sake of delay, nor in any manner whatever contrived or
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