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Bacon's Laws of Maryland
Volume 75, Page 316   View pdf image (33K)
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JOHN HART, Esq; Governor.
1719.
Undertakers, nor leased to them, to the Intent thereon to set such Forging-Mill,
and other Conveniencies for the carrying on such Iron-Works, they
may purchase a Writ out of Chancery, directed to the Sheriff of the County
where such Land lieth, requiring him by the Oath of Twelve Men of his
County, to inquire what Damage it would be to his Lordship, or others, to
have such Builders or undertakers invested with an absolute Estate of Inheritance 
in One Hundred Acres of such Land, proper for the setting up such
Forging-Mill, and other Conveniencies for the carrying on such Iron-Works
as aforesaid; The Form of which Writ followeth, viz.

    " CHARLES, absolute Lord and Proprietary of the Province of Maryland
" and Avalon, Lord Baron of Baltimore, &c.   To the Sheriff of
" County, Greeting.  We command you, that by the Oath of Twelve honest and
" lawful Men of the County, by whom the Truth of the Matter may be better
" known, you diligently enquire if it be to the Damage of us or others, if we grant
" unto
N. N. of N. County, One Hundred Acres of Land lying at
" in the County aforesaid, as may be most convenient for the building and setting up
" a Forge-Mill, and other Conveniencies, as shall be necessary for the carrying on
" an Iron-Work.  And if it be to the Damage and Prejudice of us, or others,
" then to what Damage and Prejudice of us, and to what Damage and Prejudice
" of others, and of whom, and in what Manner, and how, and of what Value
" the same Land is now, before any other Improvement of the said One Hundred
" Acres of Land, and who are the present Possessors of the said One Hundred
" Acres of Land, and who have the Fee-simple thereof, and what Lands and Tenements
" remain to the present Possessor, over and above the said One Hundred
" acres of Land; and if the said Land remaining to the present Possessors, over
" and above the said One Hundred Acres, will suffice to uphold their Manor,
viz.
" the Sixth Part of their Manor, allotted them by the Conditions of Plantations,
" for the Demesne, as before the Alienation, so was the County, by the Alienation aforesaid,
" in Default of the present Possession, more than was wont not to be charged
" and grieved; and the Inquisition thereupon openly and distinctly made to us in
" our High Court of Chancery, under the Seal and the Seals of them by whom it
" was made, without Delay send, &c."

Upon return of which Writ, in case the person or Persons who by the said
Inquest shall be found to be the true Owners and Possessors of the Land fit to
build a Forge-Mill, and other Conveniencies necessary for carrying on an Iron-Work,
shall refuse to build such Forge-Mill, and other Conveniencies
for such Iron-Work thereon, within Six Months from that Date to be computed
and reckoned, and give Security the same Building to prosecute and
finish within Four Years after the Beginning and Laying the Foundation of
such Forge-Mill, it shall and may be lawful for his said Lordship, his Heirs
and Successors, or for the Governor here, for the Time being, from Time to
Time, to grant any such One Hundred Acres of Land fit to build a Forge-Mill,
and Conveniencies for an Iron-Work as aforesaid, together with free Egress
and Regress to the said Mill, through any Man's Land next adjoining, by
the virtue of the Writ aforesaid returned, to be paid to the Owner of the
said Land so found and returned as aforesaid; which said Grant to be made
as aforesaid, shall be good and available in Law to the Grantee or Grantees as
aforesaid, against all Persons whatsoever; any Law, Custom or Usage to the
contrary notwithstanding.

    III.  Provided always, That before any Person or Persons whatsoever,
shall have such Grant to build a Forge-Mill, and other Conveniencies for an
Iron-Work as aforesaid, he or they shall enter into Bond to his said Lordship,
with Two sufficient Sureties, in the Sum of One Hundred Pounds Sterling,
with Condition to begin to build the said Forge-Mill, and Conveniencies for
the Iron-Work as aforesaid, within Six Months then next to come, and the
same Building to prosecute and finish within Four Years after such Beginning.

CHAP.
    XV.











Form of the
Writ.




























Upon Return
whereof, if
the Owner of
the Land refuse
to build
such Forge-Mill,
&c.



the Governor 
may grant
100 Acres
with free Egress,
&c.
and the damage found,
to be paid to
the Owner of
the Land.




The Grantee
to give Bond
for building
such Forge-Mill, 
&c.


 
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Bacon's Laws of Maryland
Volume 75, Page 316   View pdf image (33K)
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