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THOMAS SIM LEE, Esq; Governor.
any certificate delivered to him, agreeable to the former or future
rules and directions,
as the case may be; and in case of refusal, death, resignation or disqualification,
of any person appointed examiner-general, the governor and council
may appoint another in his place; and any person appointed shall, before
he acts
in his office, take the oath to the government, and an oath to execute
his office
diligently and faithfully, without favour, affection, partiality or prejudice. |
1781.
CHAP.
XX. |
VIII. And be
it enacted, That a preference shall be given to those who have,
before the first day of December, seventeen hundred and eighty-one, made,
or
may, after the first day of February, seventeen hundred and eighty-two,
make
the first application for warrants (in proper hours for the transaction
of public business);
provided, on application heretofore made, warrants shall be obtained on
or before the first day of July next; and no warrant of escheat shall be
good, unless
where the owner hath died or shall die intestate, seized in fee-simple,
and
without having any relation of the half blood within two degrees (that
is first
cousins) as the same are reckoned by the common law, and without leaving
any
relation who might inherit, if a subject of this or any of the United States;
but
the public do engage to warrant and defend to the respective purchasers
their title
in fee-simple to any lands escheated, on payment of a like sum of current
money
as was paid on the first purchase by escheat, in case where two thirds
of the real
value only is paid at the time of purchase, or without any additional sum
being
paid, in case the full real value of the land is paid in current money
at the time
of escheating the same, if it should afterwards appear that there is any
person
who might claim as heir to such land, or who might claim the same under
any
testamentary disposition, if such person was a subject of this or any of
the United
States, but whose claim is or may be destroyed by being a British subject. |
To whom
preference is
to be given,
&c. |
IX. And be it
enacted, That the value in current money of all escheat lands
and improvements thereon, and the real value in current money of all improvements
on cultivated land, shall be returned and certified by the surveyor, upon
oath, at the time of returning his certificate of survey; and the treasurer
of the
western shore shall finally ascertain the value of such land and improvements,
and
shall receive the money therefor from the party. |
Surveyor to
certify value
of escheat
lands, &c. |
X. And,
whereas the agent for the late proprietary received the caution money
due on certificates until the year one thousand seven hundred and seventy-seven,
and in many cases the time for payment had elapsed long before, and applications
have been made for warrants on the proclamation: Be
it enacted, That where
any application has been made to affect and secure any vacant land included
in
any certificate, where the caution money was not paid within the time limited,
and the time expired on or before the first of May, seventeen hundred and
seventy-five,
such application shall be regarded, and warrants shall issue to the
party
applying, provided he shall require a warrant on or before the first day
of July
next. |
Former applications
to be
regarded, &c. |
XI. And be it
enacted, That grants shall issue on all certificates on which the
caution money has been paid, on the application of the owners of such certificates,
unless grants have heretofore regularly issued for the same lands to other
persons, or unless the chancellor, on hearing, shall otherwise direct. |
Grants to issue,
&c. |
XII. And,
whereas land originally included by the courses and distances expressed
in the certificates of lands heretofore granted, which is now excluded
by
the variation of the compass, ought not to be taken from the person claiming
under
such survey and grant, and attempts may be made to take up such land as
vacancy, contrary to justice; Be it enacted,
That no grant shall issue, unless to
the person holding under the grant originally including the land as aforesaid
upon
any warrant hereafter to be taken out, or already taken out, upon which
patent
hath not issued, to affect any land, which the chancellor, on caveat,
may adjudge
to have been included by the courses of such original grant, and since
excluded
by the variation of the compass; and the chancellor shall and may, on such
adjudication,
or on the certificate of the party claiming under such original grant, |
Original
grants not to
be affected by
the variation
of the compass,
&c. |
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