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Session Laws, 1810
Volume 599, Page 99   View pdf image
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Resolutions assented to November Session, 1810.

RESOLVED, That the treasurer of the western shore advance to Frederick Green, printer to the state,
the sum of six hundred dollars, in part of the salary which may be allowed him on the civil list.

Whereas Edward Wingate, of Caecil county, by his petition to this general assembly hath set forth, that
without the interposition of the legislature he must lose a considerable tract of land, for which his ancestors,
or those under whom he claims, have regularly paid the state the full value as prescribed by law. The petition-
er represents, that his maternal grandfather, the late Edward Johnson, by his last will, dated on the fourth day
of October, in the year seventeen hundred and sixty, devised all his lands to his three daughters, Sarah, Anne
and Rebecca; that a division thereof was made pursuant to the said devise, and there was assigned to Sarah,
the mother of this petitioner, all that tract of land situate on the west side of Elk river, in Caecil county, be-
ing part of two larger tracts of land, the one called New Amster, and the other called Purchase, as was then,
supposed; that the said Sarah died, leaving the petitioner her sole heir, and that he hath made very conside-
rable improvements on the tract of land to which he thus derived a title. And the said Edward Wingate
further states, that upon a survey lately made by certain commissioners, appointed by Caecil county court to
mark and bound part of the lands of the said late Edward Johnson, it hath been discovered, that a great part
of the tract of land called New Amster is not included within the lines of that tract, as corrected and truly
laid down, and that the whole of the said tract of land called Purchase was laid, according to the true calls of
the survey, upon an elder tract of land called Brereton, and consequently must be lost to the petitioner; but
that it has been also discovered, that there is a vacancy between the lines of a tract of land called New Amster
on the north, Elk river on the east, St. John's manor on the south,, and Johnson's Addition on the west, con-
taining about one hundred and seven acres, the whole of which the petitioner, and those under whom he claims,
always, until the present time, held and quietly enjoyed, as supposing the same to be really and truly included
under the surveys of New Amster and Purchase; therefore RESOLVED, That the chancellor, on the application
of Edward Wingate, of Caecil county, to be made to him as judge of the land-office, be authorised to inquire
into the circumstances relating to the piece or parcel of land alleged to be vacant in manner before mentioned,
and if the chancellor shall be of opinion, from the evidence offered to him, that the said alleged vacancy hath
been paid for and held by the said Edward Wingate, and those under whom he claims, under a belief that the
same was really included under the surveys of New Amster and Purchase as aforesaid, that then the right of
the state to the said alleged vacancy shall be granted and released unto the said Edward Wingate, his heirs and
assigns, and the chancellor shall thereupon order a patent to be issued to the said Edward Wingate for the said
alleged vacancy, according to the metes and bounds thereof, so that the same do not contain more land than
what the said Edward Wingate has lost by the erroneous surveys before mentioned, provided nothing herein
contained shall be construed to affect the existing rights of any person or persons, in and to the said lands.

Whereas it appears to this general assembly, that Mountjoy Bayly, a captain in the late revolutionary war,
and who served to its termination, ^id not receive the commutation money of five years pay in lieu of the half
pay for life promised to the officers and soldiers who continued in service to the end of the war; therefore,
RESOLVED, That the treasurer of the western shore be and he is hereby authorised and directed to pay to the said
Mountjoy Bayly, five years full pay as a captain, free from interest, as a full compensation for his services dur-
ing the late revolutionary war.

RESOLVED, That the treasurer of the western shore pay to Jacob Eversole, or his order, out of any unap-
propriated money in the treasury, the sum of sixty-nine pounds nine shillings and ten-pence, with interest there-
on from die thirteenth day of June, eighteen hundred and eight, until the time of passing this resolution, in
full satisfaction of a decree obtained by him in the high court of chancery against the state of Maryland.

RESOLVED, That the governor and council be and they are hereby authorised, to appoint three commissioners
on the part of this state, to meet such commissioners as may be appointed for the same purpose by the com-
monwealth of Virginia, to settle and adjust, by mutual compact between the two governments, the western
limits of this. state, and the dividing line and boundary between this state and the said commonwealth; and
also to settle and adjust as aforesaid any claim of this state or the said commonwealth to territory within the
limits of the other; and the commissioners appointed as aforesaid are required to report their proceedings in
virtue of their appointment and authority, to the general assembly of this state, at their next session after the
same shall have been concluded, for confirmation or rejection.

RESOLVED, That the governor of this state be requested to transmit, without delay, to the governor of Vir-
ginia, a copy of the foregoing resolution, in order to its being laid before the legislature of that commonwealth,
and at the same time to communicate the wish of this general assembly that a similar resolution may be passed
by the general assembly of Virginia.



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Session Laws, 1810
Volume 599, Page 99   View pdf image
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