|
Lands
subject to
same terms,
&c.
|
SEC, 3. And be it enacted, That all the lands belonging to
minors, persons absent out of the state, married women, or per-
sons non compos mentis, or lands the property of this state,
within the limits of Carrollsburgh and Hamburgh, shall be and
are hereby subjected to the terms and conditions herein before
recited, as to the lots where the proprietors thereof have agreed
concerning the same ; and all the other lands, belonging as
aforesaid, within the limits of the said city of Washington, shall
be and are hereby subjected to the same terms and conditions as
the said Notley Young, Daniel Carroll, of Duddington, and
others, have, by their said agreements and deeds, subjected
their lands to, and where no conveyances have been made, the
legal estate and trust are hereby invested in the said Thomas
Beall, son of George, and John Mackall Gantt, in the same
manner as if each proprietor had been competent to make, and
had made, a legal conveyance of his or her land, according to
the form of those already mentioned, with proper acknowledg-
ments of the execution thereof, and, where necessary, of release
of dower; and in every case where the proprietor is an infant, a
married woman, insane, absent out of the state, or shall not
attend on three months' advertisement of notice in the Maryland
Journal and Baltimore Advertiser, the Maryland Herald, and in
the Georgetown and Alexandria papers, so that allotment cannot
take place by agreement, the commissioners aforesaid, or any
two of them, may allot and assign the portion or share of such
proprietor, as near the old situation as may be, in Carrollsburgh
and Hamburgh, and to the full value of what the party might
claim under the terms before recited ; and, as to the other lands
within the said city, the commissioners aforesaid, or any two of
them, shall make such allotment and assignment, within the
lands belonging to the same person, in alternate lots, determin-
ing by lot or ballot whether the party shall begin with the
lowest number ; provided, that in the cases of coverture and
infancy, if the husband, guardian or next friend, will agree with
the commissioners, or any two of them, then an effectual divi-
sion may be made by consent ; and in case of contrary claims,
if the claimants will not jointly agree, the commissioners may
proceed as if the proprietor was absent ; and all persons, to whom
allotments and assignments of lands shall be made by the com-
missioners, or any two of them, on consent and agreement, or
pursuant to this act without consent, shall hold the same in
their former estate and interest, and in lieu of their former quan-
tity, and subject, in every respect, to all such limitations, con-
ditions and incumbrances, as their former estate and interest,
and in lieu of their former quantity, and subject, in every
|
