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WILLIAM SMALLWOOD, Esq; Governor.
if any, in the adjoining tracts, and the residue would be much more
convenient
and valuable to the proprietors of the lands to which they adjoin than
others, Be it enacted, That if it
shall appear on the execution of any such
commission as aforesaid, the land on which the same shall have issued is
deficient
in the quantity for which it is granted, or is partly taken away by an
elder
interfering survey, the commissioners, or a majority of them, on the request
of
the party, may and shall cause any adjoining vacant land, not exceeding
the quantity
of the said deficiency, to be surveyed, marked and bounded, in their presence,
and shall, with their other proceedings, return a certificate thereof;
and
on the said certificate being recorded in the county court records as aforesaid,
and
also amongst the records of patents in the land-office, the party shall
be seized of
an estate in fee in the land therein described. |
1786.
CHAP.
XXXIII. |
X. And be it
enacted, That where any vacant land, not requested to be applied
to make good deficiency as aforesaid, shall be discovered on the execution
of
any commission, lying adjoining to any land surveyed, on the execution
of such
commission the commissioners, or a majority of them, may and shall, if
requested,
award the pre-emption thereof, or of such part thereof as to them shall
seem most convenient and equitable, on a consideration of all circumstances,
to
any proprietor or proprietors of the lands adjoining thereto, so that the
whole
quantity, to any one proprietor, does not exceed fifty acres, unless
the adjoining
tract, of which he is proprietor, exceeds one thousand acres, in which
case they
may allow at the rate of five acres for every one hundred acres thereof;
and any
person obtaining such award of pre-emption, shall have six months to procure
a
common or special warrant, or warrant of resurvey, out of the land-office,
to
affect and secure the same, and on a due execution of such warrant, and
a compliance
with all requisites, a grant shall issue; provided always, that nothing
herein contained shall hinder the due execution and effect of any
land warrant
already issued and located. |
Pre-emption
may be awarded,
&c. |
CHAP. XXXIV.
An ACT for the relief of William Rasin, one of the securities of
Thomas Boyer, late sheriff and collector of Kent county. |
Passed January
20. |
WHEREAS William Rasin, of Kent county, by his petition
to this
general assembly, hath set forth, that he became security for a certain
Thomas Boyer, late of Kent county, deceased, for the faithful execution
of his duty as collector of the tax for said county for the year seventeen
hundred and eighty-four; that a judgment was obtained against the said
Thomas
Boyer, in his life-time, on the said bond; that the said Thomas Boyer
was seized
at the time of the said judgment of a small tract of land, containing about
one
hundred and twenty acres; that the whole property of the said Thomas Boyer,
if sold for ready money, would not nearly pay the balance due to the state,
and
that the deficiency must fall upon the said William Rasin, whose estate
will
scarcely be sufficient to pay the same; and prayed that a law might
pass to set
aside the execution already issued on the judgment aforesaid, and that
he the said
William Rasin might be empowered to sell the lands of the said Thomas Boyer
on credit, until the year seventeen hundred and ninety; and that on
lodging bonds
with security, from the purchaser or purchasers, for the payment of the
principal
and interest of the purchase money, with the treasurer of the western shore,
the
said Thomas Boyer and hs securities might be credited to the amount of
the
sales of the said lands; and it appearing to this general assembly, that
the prayer
of the said petition is highly reasonable; |
Preamble. |
II. Be it enacted,
by the general assembly of Maryland, That upon the said
William Rasin paying, on or before the first day of April next, to the
treasurer of
the eastern shore, all monies by him collected, to be ascertained by the
oath or
affirmation, which may be administered by the said treasurer, the execution
already
issued against the property of the said Thomas Boyer, on the judgment aforesaid,
be, and the said execution is hereby set aside. |
Execution set
aside on condition,
&c. |
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