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GEORGE PLATER, Esquire, Governor.
husband, guardian, or next friend, will agree with the commissioners,
or any
two of them, then an effectual division 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 commissioners, 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
quantity, and subject, in every respect, to all such limitations, conditions
and
incumbrances, as their former estate and interest were subject to,
and as if the
same had been actually reconveyed pursuant to the said deed in trust. |
1791.
CHAP.
XLV. |
IV. And be it
enacted, That where the proprietor or proprietors, possessor or
possessors, of any lands within the limits of the city of Washington,
or within
the limits of Carrollsburgh or Hamburgh, who have not already, or who
shall
not, within three months after the passage of this act, execute deeds
in trust to the
aforesaid Thomas Beall and John M. Gantt, of all their lands within
the limits of
the said city of Washington, and on the terms and conditions mentioned
in the
deeds already executed by Notley Young, and others, and execute deeds in
trust to
the said Thomas Beall and John M. Gantt, of all their lots in the towns
of Carrollsburgh
and Hamburgh, on the same terms and conditions contained in the
deeds already executed by the greater part of the proprietors of lots in
the said
towns, the said commissioners, or any two of them, shall and may, at any
time or
times thereafter, issue a process, directed to the sheriff of Prince-George's
county,
commanding him, in the name of the state, to summon five good substantial
freeholders, who are not of kin to any proprietor or proprietors of the
lands
aforesaid, and who are not proprietors themselves, to meet on a certain
day, and
at a certain place, within the limits of the said city, to inquire of the
value of
the estate of such proprietor or proprietors, possessor or possessors,
on which day
and place the said sheriff shall attend, with the freeholders by him summoned;
which freeholders shall take the following oath, or affirmation, on the
land to be
by them valued, to wit: " I, A. B. do solemnly swear, (or affirm,)
that I will,
" to the best of my judgment, value the lands of C. D. now to be valued,
so
" as to do equal right and justice to the said C. D. and to the public,
taking
" into consideration all circumstances," and shall then proceed to value
the said
lands; and such valuation, under their hands and seals, and under the hand
and
seal of the said sheriff, shall be annexed to the said process, and returned
by the
sheriff to the clerk appointed by virtue of this act, who shall make record
of the
same, and the said lands shall, on the payment of such valuation, be and
is
hereby vested in the said commissioners in trust, to be disposed of by
them, or
otherwise employed to the use of the said city of Washington; and the sheriff
aforesaid, and freeholders aforesaid, shall be allowed the same fees for
their trouble
as are allowed to a sheriff and jurymen in executing a writ of inquiry;
and in all
cases where the proprietor or possessor is tenant in right of dower, or
by the
courtesy, the freeholders aforesaid shall ascertain the annual value of
the lands,
and the gross value of such estate therein, and upon paying such gross
value, or
securing to the possessor the payment of the annual valuation, at the option
of
the proprietor or possessor, the commissioners shall be and are hereby
vested with
the whole estate of such tenant, in manner, and for the uses and purposes,
aforesaid. |
Where deeds
are not executed,
commissioners
may issue
process, &c. |
V. And be it
enacted, That all the squares, lots, pieces, and parcels of land,
within the said city, which have been or shall be appropriated for the
use of
the United States, and also the streets, shall remain and be for the use
of the
United States; and all the lots and parcels, which have been or shall be
sold
to raise money as a donation as aforesaid, shall remain and be to the purchasers,
according to the terms and conditions of their respective purchase; and
purchases
and leases from private persons claiming to be proprietors, and having,
or those
under whom they claim having, been in possession of the lands purchased
or
leased, in their own right, five whole years next before the passing of
this act,
shall be good and effectual for the estate, and on the terms and conditions
of such |
Squares, &c.
to remain and
be for the use
of the U. S.
&c. |
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