|
HORATIO SHARPE, Esq; Governor.
That some one or more of the parties to such recovery, at the time of
such
judgment, was actual tenant of the freehold in the manors, lands, tenements,
or
hereditaments recovered, and the persons, or some of them joining in such
recovery,
had a sufficient estate and power to suffer the same. |
1766.
CHAP.
XXI. |
III. And be
it enacted, That where any person or persons heretofore gaining
an
estate in fee-simple, or who shall hereafter gain an estate in fee-simple,
in any lands,
tenements or hereditaments, within this province, by or under any common
recovery
suffered, or hereafter to be suffered, hath, or have conveyed away, or
shall hereafter
convey away, such lands, tenements or hereditaments, before the execution
of such
recoveries, or before any entry made therein by the recoveror, conveyances
shall
be as good and available to bar the vendors and their heirs, and all persons
claiming
by, from, or under them, as if the said recoveries had been executed, or
the recoverors
therein had entered into the said lands, tenements or hereditaments, before
such conveyance
or conveyances thereof made; any law to the contrary thereof notwithstanding. |
Persons gaining
fee-simple
estates
under common
recovery,
&c. |
CHAP. XXII.
An ACT to remove a nuisance in Baltimore-town, in Baltimore county,
and for other purposes therein mentioned. |
|
WHEREAS the inhabitants of Baltimore-town, in Baltimore
county,
have, by their humble petition to this general assembly, set forth, That
a large miry marsh, adjoining the said town, is, by the noxious vapours
and putrid effluvia arising therefrom, very prejudicial to the health of
its inhabitants;
and that the proprietors of the said marsh have, by their perverseness
or dilatoriness,
hitherto refused or neglected to remove the said nuisance, and that the
said nuisance cannot be removed otherwise than by changing the surface
of the said
marsh into firm and dry ground. And, as the allegations of the said
petitioners
appear to this general assembly to be true; |
Preamble. |
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 Thomas Harrison, Alexander
Lawson,
and Brian Philpot, of Baltimore county, the present possessors and owners
of
the said marsh, shall and may have liberty to remove the said nuisance,
at their own
proper expence, provided they comply with the directions and requisites
in this act
hereafter mentioned: (That is to say) That the said Thomas Harrison,
Alexander
Lawson, and Brian Philpot, within the space of one month next after the
end of
this present session of assembly, shall respectively make their election
and determination,
whether they will undertake effectually to remove the aforesaid nuisance,
at
their own proper expence and charges; and, in case the said Thomas Harrison,
Alexander Lawson, and Brian Philpot, shall, within the time aforesaid limited,
elect
and determine to remove the said nuisance, at their own proper expence
and charges,
that then, the said Thomas Harrison, Alexander Lawson, and Brian Philpot,
shall, within the said time, enter into and execute separate bonds, with
two sufficient
securities, to be approved of by Robert Alexander, John Smith, William
Smith, Jonathan Plowman, William Speer, Andrew Stygar, Charles Ridgely,
junior,
John Merryman, junior, and Benjamin Griffith, or the major part of them,
who shall be, and are hereby appointed commissioners to execute the powers
and
directions herein after limited and expressed, in the penalty of twenty
pounds sterling
for every acre of marsh to be made firm ground by each of them, as herein
after directed, payable unto the right honourable the lord proprietary,
with the following
condition: " Whereas the said _____ _____ is seized and possessed
of
" _____ acres of marshy ground, adjoining to Baltimore-town, which in
" its present situation, is a great nuisance to the inhabitants of the
said town: Now,
" the condition of the above obligation is such, That if the said _____
_____
" shall, within two years from the date hereof, well and sufficiently remove
the
" said nuisance, by wharfing in all such marshy ground, next the water,
with a
" good and sufficient stone wall, not less than two feet thick, and two
feet high
" at the least from the level of the height of the common flood tides,
or with
" hewed logs of the same height at least from the level of the common flood |
Proprietors to
a marsh in
Baltimore-town,
to
make it into
firm ground.
Bond to be
entered into
for performance. |
|
 |
