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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 369   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 369

limits of the act abovementioned. I shall now return to the
acts relating expressly to the subject of escheat, in order to
notice as briefly as I can the provisions not yet examined.

    The power given by the act of 1780, ch. 51, to the
commissioners of confiscated property in respect to escheat lands
were temporary, and have already been sufficiently noticed:
the mode of payment prescribed in that act was also a
temporary provision, being permitted to be in money, bills of
credit, or crop tobacco, payable within certain terms therein
specified. The commissioners, it will be recollected, were
authorised to direct warrants to be issued from the land office
to the discoverers of escheat lands, giving a preference to those
who had already applied at the said office for the preemption,
and to subsequent discoverers according to the order of their
applications. The principle however was established by this
act, though modified afterwards, as has been mentioned, by
that of 1801, of receiving for escheats two thirds of the value
thereof, which it was directed should be returned with a
specification of the quality of the land, by the surveyors, and
revised and adjusted by the aforesaid commissioners. Upon
default of payment the land was to be subject to new
applications.

    By the act of 1781, ch. 20, besides the repeal of the aforesaid
power of the commissioners, and the general authority given
to the registers of the land office to grant warrants for the
resurveying, proclamating, or escheating lands within the
counties of their respective shores, it was ordained that the
purchase money on all escheats should be paid within one year
from the date of the warrant, after which, warrants might be
issued to new applicants. What concerns the preference to
be given to applicants, in proper hours for the transaction of
business, has been already noticed, and although placed in the
section which regulates escheats, has relation to warrants in
general. The only remaining matter relating to this subject
which is found in the act under consideration is a direction
that the value in current money of all escheat lands and
improvements thereon shall be returned and certified by the
surveyor on oath at the time of returning his certificate of survey,
and that the treasurer shall finally ascertain the value thereof
and receive the money from the party. The same provision is
made in respect to the Eastern shore by the act of 1795,
ch. 61.

    It has been mentioned that provision was made for the
benefit of the creditors of persons whose lands had or might
become escheat; likewise in behalf of those who might have
claims by lien or contract, on the estates of such persons;
and also for the benefit of certain foreigners. I shall notice

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 369   View pdf image (33K)
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