| 1791.
CHAP.
XLV. |
LAWS of MARYLAND.
purchases and leases respectively, without impeachment, and against
any contrary
title now existing; but if any person hath made a conveyance, or shall
make a
conveyance or lease, of any lands within the limits of the said city, not
having
right and title to do so, the person who might be entitled to recover the
land
under a contrary title now existing, may, either by way of ejectment against
the
tenant, or in an action for money had and received for his use against
the
bargainor or lessor, his heirs, executors, administrators or devisees,
as the case
may require, recover all money received by him for the squares, pieces
or parcels,
appropriated for the use of the United States, as well as for lots or parcels
sold,
and rents received, by the person not having title as aforesaid, with
interest from
the time of the receipt; and, on such recovery in ejectment, where the
land is
in lease, the tenant shall thereafter hold under, and pay the rent reserved
to, the
person making title to and recovering the land; but the possession, bonâ
fide acquired,
in none of the said cases shall be changed. |
Foreigners
may hold
lands, &c. |
VI. And be it
enacted, That any foreigner may, by deed or will hereafter to
be made, take and hold lands within that part of the said territory which
lies
within this state, in the same manner as if he was a citizen of this state,
and the
same lands may be conveyed by him, and transmitted to, and be inherited
by, his
heirs or relations, as if he and they were citizens of this state;
provided, that
no foreigner shall, in virtue hereof, be entitled to any further or other
privilege
of a citizen. |
Commissioners
to appoint
a clerk, &c. |
VII. And be
it enacted, That the said commissioners, or any two of them,
may appoint a clerk for recording deeds of lands within the said territory,
who
shall provide a proper book for the purpose, and therein record, in
a strong legible
hand, all deeds, duly acknowledged, of lands in the said territory, delivered
to
him to be recorded, and in the same book make due entries of all divisions
and
allotments of lands and lots made by the commissioners in pursuance of
this act,
and certificates granted by them of sales, and the purchase money having
been
paid, with a proper alphabet in the same book of the deeds and entries
aforesaid,
and the same book shall carefully preserve, and deliver over to the commissioners
aforesaid, or their successors, or such person or persons as congress shall
hereafter appoint;
which clerk shall continue such during good behaviour, and shall be removable
only on conviction of misbehaviour in a court of law; but before he
acts
as such, he shall take an oath, or affirmation, well and truly to execute
his office;
and he shall be entitled to the same fees as are or may be allowed to the
clerks of
the county courts for searches, copying and recording. |
Acknowledgments
of
deeds to be
effectual, &c. |
VIII. And be
it enacted, That acknowledgments of deeds made before a
person in the manner and certified as the laws of this state direct,
or made
before, and certified by, either of the commissioners, shall be effectual;
and that
no deed hereafter to be made of or for lands within that part of the said
territory
which lies within this state, shall operate as a legal conveyance, nor
shall any
lease for more than seven years be effectual, unless the deed shall have
been
acknowledged as aforesaid, and delivered to the said clerk to be recorded
within
six calendar months from the date thereof. |
Entry to be
made of every
allotment. |
IX. And be it
enacted, That the commissioners aforesaid, or some two of
them, shall direct an entry to be made in the said record book of every
allotment
and assignment to the respective proprietors in pursuance of this act. |
Undertaker to
have a lien
on the property,
&c. |
X. And,
for the encouragement of master builders to undertake the building
and finishing houses within the said city, by securing to them a just and
effectual
remedy for their advances and earnings, Be
it enacted, That for all sums due and
owing, on written contracts, for the building any house in the said city,
or the
brick work, or carpenters or joiners work thereon, the undertaker,
or workmen,
employed by the person for whose use the house shall be built, shall have
a lien
on the house and the ground on which the same is erected, as well as for
the
materials found by him; provided the said written contract shall have been
acknowledged before one of the commissioners, a justice of the peace, or
an |
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