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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 348   View pdf image (33K)
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348 LAND-HOLDER'S ASSISTANT.

following years; that, whereas there were settlers on other
lots than those which had been disposed of, the (a) person so
to be appointed should sell all such lots at not less than three
shillings and nine pence per acre, giving a preference to the
occupants, and taking bonds as aforesaid: he was further
authorised to sell all the surplus lots theretofore
appropriated, at not less than one shilling and eight pence per acre,
payable as aforesaid. The register of the land office was
directed to issue patents to any of the settlers before mentioned
who should have complied with their contracts, including all
such lots as were contiguous to each other in one patent:
the bonds taken were to be a lien on the lands of the obligors
from their dates, and it is by this act that vacant land in
Allegany county was set at a lower price than in other parts
of the state, it being directed by the 8th section " that all
" vacant lands in the said county may hereafter be taken up
" by common or special warrant, or warrant of resurvey, in
" the usual manner, at two shillings and six pence current
" money per acre, one half to be paid at the time of obtaining
" the warrant, and the other half on the return of the
" certificate;"¾composition under warrants already issued to be
paid at the former rate.

    By the act of 1793, three persons therein named were
appointed commissioners, for the purpose of settling and
adjusting the boundaries of the lots of the aforesaid settlers,
as the means of preventing litigation among them.
¾Upon
application to the said commissioners by any owner of such
lots desirous to establish his boundaries, they were to appoint
a time for that purpose, and to give, by advertisement affixed
at the door of the court house, and other public places, a
previous notice of thirty days, or, if any of the parties
interested resided out of the county a notice of forty days, of
the intended proceeding. They had power to summon
witnesses, swear chain carriers, &c. and were authorised to
mark and bound the lots according to their adjudication and
adjustment of the original location thereof, of which they
were to return certificates to the clerk of Allegany county
to be recorded, and if no suit or action was brought within
seven years after the recording such return, to call in
question the adjudication of the commissioners, it should be
taken as conclusive evidence of the original location, or, if
the adjudication should be confirmed by verdict of a jury in
any suit brought as aforesaid, it should be conclusive in the
point confirmed by the jury, and between the same parties
and those claiming under them, with a proviso that every
infant, married woman, insane person, or person in prison or

    (a) A commissioner was in consequence appointed, of whose sales,
&c. a return remains in the land office.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 348   View pdf image (33K)
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