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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 371   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 371

their claims in the usual mode in that court, shall be
entitled to recover the amount, if the money received by the
state shall have been equal thereto, or, otherwise, so much as
has been so received: and the chancellor is in such cases
directed, by notice, in such form as he shall think proper, to
call upon the creditors to produce and substantiate their claims,
and if there are several creditors who either bring suit, or
establish their claims upon the notice aforesaid, and the money
received is not sufficient to satisfy the whole, the chancellor
is to apportion the sum received between them, in proportion
to the amount of their several claims.

    By the act of 1799, ch.79, it is provided that any person
having a claim, or a title in equity, to, or a lien or charge upon, land
which has been escheated, or has become the property of the
state by confiscation, or by having been purchased by an alien,
may bring a suit against the state in any court of law of
equity in the same manner as it might have been brought against
the person from whom the land devolved on the state; and that
if such suit be brought in the chancery court, the attorney
general shall be the defendant in behalf of the state, and the same
proceedings had thereon as if the defendant were the person
from whom the title had devolved on the state, provided that
the state shall be burthened with no costs occasioned by the
said suit, or the title so derived.

    By the act of 1789, ch. 14, the state relinquished its right
of escheat to lands acquired subsequent to the naturalization
act of 1779, by foreigners who had neglected to take the oath
of allegiance prescribed by that act, provided that such
foreigners should naturalize themselves, in the form required,
before the first of June then ensuing, and, on the same
condition, it confirmed the rights of persons who had purchased
from those foreigners, saving however all rights already
derived under warrants of escheat. This act declared further
that no applications (it is supposed, for escheat warrants)
should be admitted or received to the prejudice of such
foreigners within the time so limited. The period for
perfecting their naturalization was afterwards, by act of 1793, ch.
26, extended to the first of August 1794.

    By an act of 1800, ch. 70, upon a suggestion that, under the
existing regulations for the conduct of surveyors, difficulties
had occurred in the execution of warrants of escheat, it is
directed that where such warrants are for the surveying of land
held in tenancy in common, and the part only of one or more of
the tenants in common has become liable to escheat, the
surveyor shall cause the whole of the land to be surveyed, and
a certificate thereof returned into the land office, specifying
the value of the whole tract and its improvements, and that
after examination of the said certificate, and payment made





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 371   View pdf image (33K)
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