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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 347   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 347

was to be no forfeiture of any payment already made; but
still, with a saving of the rights of any persons who had
already proclamated, or might after the first day of September
1792 proclamate, any of the said lots. An act of 1792, ch. 8,
again extended the time allowed for payment, viz. to the first
of May in the three succeeding years: By the act of 1793,
ch. 62, upon a suggestion that many of the lots had been
proclamated for the benefit of the settlers, by other persons,
who had assigned over to them the proclamation warrants,
and that these settlers were precluded by the predicament in
which their lands stood from availing themselves of the last
mentioned terms of payment, it was provided that, wherever
such an assignment appeared by endorsement on the warrant,
the treasurer might receive from the parties who had taken
the warrants one half of the money remaining due, on or
before the first of May then ensuing, and the other half by the
first of May 1795, and patents were, on compliance with these
terms, to be issued as if the whole money had been paid within
a year from the date of the warrant. By an act of 1794, ch,
30, after the recital of a misapprehension of the settlers
whereby the payments of the one half by the first of May in
that year had been neglected, but the money tendered between
that day and the expiration of the proclamation warrants,
when the treasurer would not receive it, whereby they were
obliged again to proclamate their lots,¾directed that,
wherever proclamation warrants had issued for lands of this
description, the treasurer should receive the balances due for the
same at any time while the warrants remained in force,
provided it should appear by endorsement that they were assigned
as aforesaid. The treasurer was further directed to receive
from those settlers whose lands were not proclamated the
balances due therefor at any time before they should be in
that predicament, and the register of the land office was
instructed to issue patent to any of the said settlers who should
comply with the provisions of this act, as if the money had
been paid under the proclamation warrants, any former law
notwithstanding.

    The acts of 1791 and 1793, just mentioned, contained
other provisions which have not been noticed. By the first it
was ordained, in respect to those settlers who had yet made
no payment whatever, that if any such settler should not, by
the first of May then following, pay at least one third of the
valuation, the land awarded to him should be sold, within the
county where it lied, by a person to be appointed by the
governor and council, at public or private sale as might be
deemed most advantageous to the state, at no less than five
shillings per acre; the person so appointed to take bonds, payable
in three equal parts by the first of September in the three





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 347   View pdf image (33K)
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