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BENEDICT LEONARD CALVERT, Esq; Governor.
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1730. |
Property of the Proprietor of the Town Land, in as ample
Manner as if the same had never been
sold or conveyed. (7.) But if the Owners
of such Lots be under Age, or out of the Province.
at the Time if such Survey, &c. such Owners have
Liberty to improve an build, &c. at any
Time within Eighteen Months after arriving at Age, or
returning into this Province. (8.) The
Commissioners to appoint a Clerk, to make fair Record
and Entry of all their Proceedings in a
Boo, to whom the Surveyor shall deliver a fair Plat of
the Lots, &c. which Clerk shall transmit
to the Clerk of Kent County the whole Proceedings
of the Commissioners, together with the
said Plat, to be lodged amongst the County Records.
And upon the Decease, &c. of such Clerk,
the Commissioners have Power to appoint another, as often
as need shall require. (9.) The
Commissioners impowered to agree with the Owner of the
said Land, not already taken-up,
for the Price of the same, &c. in which Case, when
the Lots are laid out, they shall set a Price
on each Lot not on already taken up, which the taker-up
shall pay. But in case they cannot agree,
they are impowered to cause the same to be valued by
a Jury; and the Payment of such
Sum, as such Lot or Lots shall, by the said Jury be adjudged
worth, to the Proprietor aforesaid, or
a Tender thereof by Persons desirous to take up such
Lot or Lots, and Refusal by such Proprietor,
and such Payment, or Tender and Refusal being duly proved
by the oath of one or more
lawful Witness or Witnesses, before two of the County
Justices, by the Person intending to
take up the same, and an Entry or Record thereof made
by the Town Clerk, and returned by
him to be lodged with the other Proceedings in the County
Court Office as aforesaid, shall give
such Person, paying or tendering as aforesaid, an absolute
Estate in Fee-simple in each Lot;
such Persons complying with the other Requisites in this
Act mentioned. (10.) There being a
Quantity of Land left out, in the original Survey, between
the Town Line that runs along the
River Side and the Water, convenient to build Ware-houses
on; the Commissioners are impowered
to lay ut the Breadth of 60 Feet from the extremity of
the Lots next the River, along the
River Side, for a Street; and to divide the Strand, lying
between the said Street and the Water,
into convenient Lots, distinguishing them by certain
Numbers, always extending the Town
Streets that lead to the River, through the same Strand,
to the Water Side; which Lots,
being built upon as before directed, within Eighteen
Months after taking up the same, and
paid for, or Tender of Payment made as before provided,
shall be the Right, Property, and
Estate of such Persons so taking up, improving and paying,
their Heirs and Assigns for ever.
(11.) All Persons to have Liberty to take up and
enter Lots in the said Town, for the Space of
Twelve Months after Survey thereof: But in case
all the Lots should not be taken up within 12
Months after the Survey made, the Proprietor shall be
no way divested of his Right to such
Lots so not taken up. (12.) The Proprietor
of the Land not taken up, to have the Preference
of taking up any Five Lots he shall think fit, so that
he make his Election within Four Days after
the Survey be made. (13.) All Possessors
of Lots to pay the Right Honourable the Lord
Proprietor One Penny Current Money per Annum,
for each Lot so taken up, paid for, and built
on, for ever: And the Clerk of Kent County
to transmit yearly to his Lordship's Agent, an
Account of all Lots taken up, &c. |
CHAP.
XV. |
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CHAP. XVI.
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A Supplementary ACT tot he Act entitled, * An Act to limit
the Continuance of Actions in several Courts within
this Province;
and ascertaining the Manner of taking the Evidence
of
Seafaring Men; and for granting Appeals from the
Chancery
Court to the Governor and Council. Lib.
L. Nº 5. fol. 369.
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Passed 16th
June 1730.
* 1721, ch. 14. |
WHEREAS the Continuance of Actions depending in any of the
Courts of Law within this Province, by an Act of Assembly, entitled,
An Act to limit the Continuance of Actions in several Courts
within this Province, and ascertaining the Manner of taking the Evidence
of Seafaring
Men; and for granting Appeals from the Chancery Court to the Governor
and Council, stands limited to Four Courts, and no longer; which, by
Experience,
is found to be too short a Time in the High Court of Appeals, that
Court not being fixed to any particular Days or Times when it shall be
held;
so that it may happen, that four or more Courts may be held in One Year;
which, if any intervening Accident happens to impede a Trial, does not
allow
a sufficient Time to finish the same:
II. Be it therefore
Enacted,
by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of his Lordship's Governor, and the
Upper and
Lower Houses of Assembly, and the Authority of the same, That it shall
and may
be lawful to and for the Judges of the said High Court of Appeals, as Judges
on all Writs of Error, or Appeals, from the Courts of Common Law in
this Province, as often to them shall seem necessary for the better Administration
of Justice, to continue any Appeal, or Writ of Error, now depending,
or which hereafter shall be depending in the said Court, for the full |
Preamble.
Appeals may
be continued
in the High
Court of Appeals
for two
Years from
the End of
the Appearance
Court. |
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