CHAP.
XXIV.
Their Powers,
in purchasing
Lands, &c.
and valuing
the same.
* 1694, ch. 29.
Lots how to
be paid for.
Wharfs and
Warehouses. |
aforesaid, That when and as often as any one of the Commissioners
and Trustees
shall Die, or depart the County or Province, so as he cannot execute the
Trust
and Authority in this Act reposed, one other fit and suitable Person, actually
Living, Inhabiting, and Residing in the Town, being a Free-man of the
same, and such as is capable (either by Land or Estate) to serve as a Burgess,
according to the Qualifications expressed in the act of Assembly, in such
Case
made and provided, shall be chosen in the Room of such absent or deceased
Member, by the Majority of Voices of the Free-men and Inhabitants of the
said Port and Town, at such Time and Place within the same, by the Commissioners
and Trustees as aforesaid shall be appointed for that Purpose; of
which Time and Place public Notice shall be given by the said Commissioners.
IV. And for
the encouragement of the Inhabitants of the Town and Port
aforesaid, and to enable them to keep stocks of Cattle, Horse or Sheep,
or
such like necessary Creatures for their necessary Use: Be
it likewise Enacted,
That it shall and may be lawful to and for the said Commissioners
or Trustees
to purchase any Quantity or Quantities of Land next adjacent to the
Town, and for Town Common; and to satisfy and pay for the same with
Tobacco or Money, that now is, or hereafter shall be, raised for any Lot
or
Lots of Land taken up in the said Town; or by any other Money or Tobacco
by the free Gift of any person, or otherwise accruing to the Use of the
said
Town, or any other lawful Ways or Means whatsoever, so that the same be
no ways Burthensome or a Charge to the Public.
V. And in
case the owners of any such Land be incapable of making Sale
thereof, by any manner of Disability or Incapacity whatsoever, or wilfully
refusing the same, being offered the real Value thereof; then, and in
such cases, it shall and may be lawful to, and for the said Commissioners
and
Trustees, to cause a Jury of Free-holders next adjacent, to be impannelled,
and sworn to value the said land according to the Directions and Appointment
of a former Act of Assembly of this Province, intitled * An Act for
settling
Assemblies and Provincial Courts, and erecting a Court House of Ann-Arundel
Town, in Ann-Arundel County, for purchasing and valuing the
Town Land
and Pasture within the same, which Act also shall be Rules and Directions
to
the said Commissioners and Trustees for Purchasing, Valuing and Paying
for,
the said Town-Common; which said Common, upon their performing the
several Requisites in the former Law directed, shall create and make
a good,
sure, and absolute Estate of Inheritance in Fee-simple, to the said Commissioners
and Trustees, and their Successors for ever, to the only proper Use, Benefit
and Behoof of the said Town, and Town People, for a Town, and to no
other use whatsoever.
VI. And the
better to enable the said Commissioners and Trustees to purchase
and pay for the same, be it likewise Enacted,
That all Person or Persons
holding any Lot or Lots of Land, or that shall hereafter take up or hold
any in the Town aforesaid, shall, for every Lot of Land he holds, or shall hold
in the Town aforesaid, pay to the Commissioners and Trustees aforesaid, towards
the Purchasing of the Town-Common, aforesaid, the proportionable Part
of the Value or Purchase of the said Town-Common, proportionable to the
Quantity of Land such Person or Persons holds in the said Town, and shall
Thereby have Right Commonage upon the said Town-Common, and not
Otherwise. And upon Refusal of any Person or Persons to pay such his
Proportionable Part towards the Purchase of the Town-Common as aforesaid, it being
tendered to him, and demanded of him as aforesaid, it shall be at the Liberty
of any other person to pay such proportionable Part so refused, and
shall thereby have that Right of Commonage.
VII. And whereas, there
is a certain Quantity of Land, in the said Port
and Town, laid out and assigned for Wharfage and Building of Keys and |