| 1790.
CHAP.
XLIII. |
LAWS of MARYLAND.
terms of sale by any purchaser, it shall be lawful for the said treasurer,
and he is
hereby authorised and empowered, to execute and acknowledge, in due
form of law,
a deed of bargain and sale to such purchaser for the lot or lots respectively
sold,
describing the said lot or lots in such deed according to the surveyor's
certificate
thereof, and thereupon, and upon the due enrolment thereof, the right,
title and
interest, of the state shall thereby be vested in such purchaser, and
his heirs, in
fee-simple; and the said treasurer shall proceed in his discretion to expose
the said
lots to sale at the time mentioned in said advertisement, or for sufficient
reason
may adjourn the sales to such other time or times as shall seem to him
advisable,
so as to promote a fair and honest sale of the premises aforesaid. |
Allowance to
commissioners,
&c. |
IX. And be it
enacted, That each of the said commissioners shall be entitled
to receive fifteen shillings for every day he shall be necessarily employed
in the
execution of this trust; and that the said surveyor shall be entitled to
the same
fees as on other surveys; and that the said treasurer shall be entitled
to receive a
commission of one per cent. on the amount of the sales of the
said lots; and the
said expences, and all other in making and completing the road herein before
directed
to be laid off, made and completed, and in the employment of chain-carriers
and other lawful expenditures incurred by virtue of this act, shall be
defrayed out of the money paid down by the purchasers as aforesaid, and
paid by
the said treasurer to the respective parties entitled to receive the
same; and the
said treasurer shall keep a correct account of all such payments, and of
his proceedings
in the premises, and the same, together with the bonds taken in virtue
of this act, and the several vouchers for his payments, and the proceedings
and
expenditures of the said commissioners, shall be lodged in him in the treasury
of
the western shore, and be subject to the inspection of the general
assembly when
the same shall be required. |
Treasurer to
pay orders,
&c. |
X. And be it
enacted, That the treasurer of the eastern shore shall be authorised,
and he is hereby required, after the execution of the trusts herein
before
mentioned, and the times limited, to pay the orders drawn as aforesaid
for the
use of the said Indians, out of any unappropriated money in the treasury
of his
shore, and if there should be no such money in his treasury at the
time of application,
then the said orders shall be payable by the treasurer of the western shore
out of any unappropriated money in that treasury. |
Indians not to
sell, &c. |
XI. And be it
enacted, That it shall not be lawful for the said Indians to sell,
grant, lease, or otherwise dispose of, the lands to be reserved to them
by virtue of
this act, or any part thereof, for any estate, or in any manner whatsoever;
and if
any person or persons, after the completion of the contract and agreement
aforesaid,
shall presume to purchase, lease, or in any manner take, the said lands,
or
any part thereof of the said Indians, or any of them, contrary to this
act, such
person or persons shall forfeit and pay the sum of ten pounds current money,/
and his, her, or their estate therein shall be void and of no effect,
and
the party or parties shall be trespassers; and for such trespass, and
for every other
trespass in any manner committed upon the said reserved lands, the party
or parties
shall be liable to be sued in the name of this state, and, on conviction,
double
damages shall be recovered and the costs of suit. |
| Proviso. |
XII. Provided
nevertheless, and be it enacted, That before any commissioner,
appointed or to be appointed in virtue of this act, shall proceed to execute
the
trust hereby reposed in him, he shall take an oath, or affirmation, before
some
justice of the peace of the said county, that he will faithfully and honestly,
according
to the best of his skill and judgment, execute and perform the several
trusts and duties required of him by this act, without affection, partiality
or prejudice;
and the taking thereof shall be certified by such justice, and transmitted
to the treasurer of the eastern shore, together with the proceedings of
the said
commissioners. |
| Proviso. |
XIII. And provided
also, That if any of the said lots, at the time of the sale
thereof, shall be occupied by any lawful tenant of the said Indians, such
tenant |
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