CHAP.
XXXII.
built upon,
and improved
under the said
Laws, confirmed.
Proviso.
Recital of other
Acts disallowed
by
her late Majesty,
viz.
1706, ch. 14.
1707, ch. 16.
1708, ch. 3.
The Titles to
Lots taken
up, and built
upon under
those Laws,
confirmed.
But Owners
of the Land
may have Action
of Debt,
for the Value
set thereon,
against the
Possessors of
Lots which
have not been
paid for.
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that, during the Continuance of the before mentioned Acts of Assembly,
did
take up, pay for, or tendered, or were ready to pay for any lot or
Lots of
Land, in any Town Land laid out and allotted for Town Lands, by the
former
Laws, or any of them, and of the same Lot made due Entry, and hath
built and improved upon the same, and followed the Directions of the
above
mentioned Laws, they, the said Person or Persons, so taking up, entering,
building upon, and following the Directions of the said Laws, their
Heirs
and Assigns, shall have, hold and enjoy, a good, sure, and indefeazable
Estate
of Inheritance, in Fee-simple, of, in and to every such Lot and Lots
of Land, so taken up and built on as aforesaid, (according to the said
laws
and Directions) to them and their Heirs for ever, as fully, freely
and amply,
to all Intents and Purposes, as if the said former laws were still
in Force,
and had never been repealed.
III. Provided
always, That where any Person
or Persons that hath or
have so taken up, built and improved,
and hath not paid the Price set upon
the same, that every such Person
is hereby enjoined to pay the said Value of
the said Lot to the Owner and Claimer
of the Land, upon Demand, without
Fraud or Covin.
IV. And
whereas it is represented to
this present General Assembly, That
several of the Inhabitants of this
Province, and Others, that have taken up
several Lots, in several Town Lands,
laid out and surveyed for Towns according
to the Directions of several Laws
of this PRovince lately made, (That is
to say,) One Act of Assembly
made at a General Assembly begun and held at
the Port of Annapolis, the
Second Day of April, in the Year of our Lord
One Thousand Seven Hundred and Six,
entitled, An Act for Advancement of
Trade, and erecting Ports and
Towns within this Province of Maryland; One
other Act made at a General Assembly
begun and held at the Port of Annapolis,
the Fifteenth Day of April,
One Thousand Seven Hundred and Seven,
entitled, A Supplementary Act
to the Act for Advancement of Trade, and erecting
Ports and Towns; and one
other Act made at a General Assembly of this
Province, held at the Port of Annapolis, the Twenty-ninth Day of
November,
Anno Domini One Thousand Seven Hundred and Eight, entitled, An Additional
Act to eh Supplementary Act for Advancement of Trade, and erecting Ports
and Towns within this Province, and for Sale of some Public Lands and Buildings
in the Town of St. Mary's
in St. Mary's County, as by the several Acts of Assembly
aforesaid, remaining upon Record
in the Secretary's Office may appear,
relying and depending on the Benefits
and Privileges in the said Laws
granted, did enter and build upon
such Lots, according to the Directions of
the said Laws; Be
it therefore Enacted,
by the
Authority, Advice and Consent
aforesaid, That all and every
Person and Persons, that, during the Continuance
of the before mentioned Laws, did
take up a Lot or Lots, and thereon build
according to the Dimensions prescribed by the said Laws, or any of
them, in
any Town land laid out and allotted for a Town by the former Laws,
or any
of them, their Heirs and Assigns, shall have, hold and enjoy, a good,
sure
and indefeazable Estate of Inheritance, in Fee-simple, of, in, and
to such
Lot and Lots so taken up and built upon as aforesaid.
V. Provided,
That
where the Owner of any Tract of Land, laid out for
a Town by any of the aforesaid Acts,
is unpaid for any lot taken up and
built upon according to the Directions
of the said Laws, such Owners may,
after Request made, have an Action of Debt for the Value of such Lot,
according
to the Value of the Commissioners or Jurors, impowered to value
the same, by such former Law, against any Taker-up, or Owner of any
such
Lot or Lots that hath not paid for the same, his Heirs, Executors or
Administrators,
in any of his Majesty's Courts of Record within this Province,
that can hold Plea of the same. |