them made, and of all the lots distributed among the officers
and soldiers aforesaid, and of all lots sold by them in virtue
of this act, and return the same to the register of the land
office, to be by him safely kept. These, which as well as the
plot and books of Mr. Deakins were returned agreeable to
this direction, are also considered and used, in some sort as
record books of the office. But they have not been so
denominated by law.
It was further provided that the privilege of roads and
waters through all the aforesaid lands should be reserved to
the public, and the act contained two remarkable suspending
clauses, by one of which were noticed certain lands " patented
" or taken up within the manors and the reserves aforesaid"
in respect to which the general assembly declined to " give
" orders for any disposition thereof," but directed or
recommended that the cases of each kind should be stated by the
governor and council, and the attorney general's opinion
taken, so that the claim of the state might be prosecuted or
relinquished, as law and justice might require. The other
had reference to the line by which Mr. Deakins had bounded
his aforesaid general survey, which was declared to be, in the
opinion of the general assembly, far within that line to which
the state of Maryland might rightfully claim as its western
boundary, with a further declaration that, at a time of more
leisure, the consideration of the legislature ought to be drawn
to the western boundaries of the state, as objects of very great
importance.
The only further provisions of this act which require to
be noticed are those by which all remaining reserves were
taken off, and all the vacant land in the state made liable to
be taken up in the usual manner by warrant, at the rate of
three shillings and nine pence instead of the former price of
seven shillings and six pence per acre, which as they must be
spoken of in another place, I shall not here dwell upon, but
shall proceed with what further concerns the settlers westward
of Fort Cumberland.
By an act of 1789, ch. 48, upon a representation that the
times fixed for the payments of those settlers were
inconvenient in respect to the season of the year, the first day of May
in 1790, and the two following years, was substituted for the
first of September 1789, &c. but saving any rights acquired by
proclamation warrants since the said first of September, and
requiring that those who had affected or might thereafter
affect those lots by proclamation should pay such composition
money as the original settlers were to pay for the same. By
an act of 1791, ch. 85, the treasurer was empowered to receive
from the settlers, at any time thereafter, the whole or any
part of the money due on their several contracts, and there
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