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. |