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28 CHARLES Lord BALTIMORE.
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CHAP.
XI. |
at least; and on neglecting to build as aforesaid, the
Right, Title and Property of such Owner
to such Lot, at the Expiration of the said Two years,
shall cease, and the same Lot or Lots
become the Property of the Proprietor of the Town Land, as if the same
had never been sold or
conveyed. But Owners of such Lots, if under Age, or beyond Sea, shall
have Liberty to improve
and build on their Lot as aforesaid, at any Time within Two Years after
such Owner's
arriving at full Age, or returning into this Province. (4.)
The Commissioners to appoint a sufficient
Clerk, who shall make a fair Entry of all their Proceedings
in a Book, to whom, the Surveyor
shall deliver a fair Plat of the Lots, &c. which Plat, with the Proceedings,
shall be transmitted
to the Clerk of Somerset County, to be lodged among the County Records.
And upon
the Death or Resignation of such Town-Clerk, the Commissioners to nominate
and appoint another,
as often as need shall require. (5.) The Commissioners impowered
to agree with the
Proprietor of the Lord, not already taken up, for the Price of the same;
and, in case of such
Agreement, to set a Price on each Lot, not already taken up or purchased,
for which the Taker-up
shall pay: But in case they cannot agree for the said Ground, they
shall 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 such
Person or Persons who
shall be willing and desirous to take up such Lot or Lots, and Refusal
by such Proprietor; and
such Payment, on Tender and Refusal, being duly proved by the Oath of one
or more lawful
Witnesses, before Two Justices for the said County, by the persons intending
to take up the
same, and an Entry made thereof by the Town-Clerk aforesaid, and returned
by him to be lodged,
with the other proceedings, in the County Court Office
as aforesaid, shall give the Person,
paying or tendering as aforesaid, an absolute Estate
in Fee-simple in such lots, they complying
with the other Requisites in this Act mentioned.
(6.) All Lots hereafter to be taken up, shall
be built on as aforesaid, within 18 Months after taking up; which Lots,
so built on and paid
for, &c. shall be the Right, Property, and Estate of such Persons so
taking up, improving and
paying, their Heirs and Assigns for ever. (7.)
Any Persons may take up Lots, and enter the
same, within Two Years from the Time of Survey:
But in case all the Lots be not taken up in
Two Years, then the Proprietor shall be no way divested
of his Right to such Lots as shall not
then be taken up. (8.) The Proprietor of the Lots, not already
taken up or held, shall have
the Preference of taking up any Five Lots, so that he make his Election
within 4 Days after the
Survey made. (9.) Possessors of Lots to pay One Penny Sterling,
per Annum, for each lot so
taken up, paid for, and built upon, to the Right Honourable the Lord Proprietary,
and his Heirs
for ever. (10.) A Saving of Rights to the Crown, the Lord Proprietary,
&c. and all others not
mentioned herein.
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CHAP. XII.
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Passed 29th
October 1742. |
An Act to continue such Causes, now depending in the Provincial
Court, as by law
ought to have been determined October Provincial
Court, One Thousand Seven
Hundred and Forty-two. Lib. B.L.C. fol.
253.
Viz. It
being impossible (by means of the Assembly's Continuance) to finish such
Business in
that COurt as ought to have
been determined by the Laws now in being, &c.
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CHAP. XIII.
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| Ditto. |
An Act for laying out and erecting a Town, on the South Side of
the Eastern
Branch of Patowmack River, in Prince George's
County, near a Place called
Garrison-Landing. Lib. B.L.C.
fol. 254.
N.B. By this Act, (1.)
Commissioners impowered to purchase 60 Acres of Land at the
Place aforesaid, and cause the same to be surveyed and
laid out into 60 convenient Lots, to be
erected into a Town. (2.) The Commissioners to meet on the
Land, &c. and agree for the
same with the Owners thereof (if it can be done on reasonable Terms) if
not, or in case of
Non-age, &c. or other Disability, then to cause the same to be valued
by a Jury, &c. and what
Sum such Jury shall assess, is hereby declared to be the Value and Price
to be paid to such Owner
or Owners. (3.) This done, the Commissioners to cause the 60
Acres to be surveyed, divided
and laid out, as near as may be, into 60 equal Lots, allowing sufficient
Space for Streets,
Lanes, &c. and the Lots to be Numbered form 1, to 60, and the Streets,
&c. to be distinguished
by Names, and by Posts set up towards each of them. (4.) The
Commissioners to ascertain
the Price to be paid for each of the Lots, according
to the Value, Conveniency, &c. thereof;
so that the Prices of the whole Lots, added together, may amount to the
Value of the Land agreed
for, or assessed, as aforesaid. (5.) The Town to be called
Bladensburgh. (6.) The Owner
of the Land to have Choice of any Two Lots, provided such Choice be made
in Ten Days
after Survey: After which Time, any persons may take up Lots, paying
the Owners of the
Land the Value assessed thereon, and every person, so paying the price
of the Lot by him or her/
taken up, or proving to the Satisfaction of the Commissioners,
that he or she had tendered the
said Province to the Owner aforesaid, and that such Owner had refused to
accept the same; and an
Entry of such payment, or Tender and Refusal being made, as hereafter directed;
such Person,
by virtue of such payment, or Tender and Refusal, and Entry made thereof,
and this Act, shall
be fully and absolutely invested in an Estate, in Fee-simple, in such Lot,
to him, his Heirs and
Assigns for ever, without any Deed, Conveyance, &c. from the owner.
(7.) No Person to
take up more than One Lot during Twelve Months after laying out.
(8.) Every Person taking
up Lots, shall, within Eighteen Months after taking up, and Entry made
thereof as aforesaid,
build and finish thereon, one good, substantial, and tenantable House,
with one Brick or Stone
Chimney thereto, that shall cover 400 square Feet of Ground. And
every Taker-up neglecting
to build as aforesaid (within the Time limited) on any Lot, shall lose
such Lot, and his Estate
therein shall thenceforth cease and determine: And such Lots so neglected
to be built upon, may
be taken up by any Person whatsoever: Which second
Taker-up, paying the Price assessed thereon
to the Commissioners, and building thereon as before directed, within the
Time limited, after
such second Taking-up, shall have the like Estate in such Lot or Lots as
the first Takers-up, &c. |
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