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upon producing to him certificates of their rights from the said commissioners of the county, duly attested, within twelve months next after the end of this present session of assembly, and not afterwards; which certificate the said surveyor shall record in his books, and then return them to the parties, and shall proceed to survey the lands so entered, according to law. And upon due return to the land office of the plats and certificates of survey, together with the certificates from the said commissioners of the rights, by settlement upon which the entries were founded, grants may and shall issue to them and their heirs or assigns, in manner before directed. And if any such settlers shall desire to take up a greater quantity of land than is herein allowed them, they shall on payment to the treasurer of the consideration money, required from other purchasers, be entitled to the preemption of any greater quantity of land adjoining to that allowed them in consideration of settlement, not exceeding one thousand acres, and to which no other person hath any legal right or claim. Aud to prevent doubts concerning settlements, It is hereby declared, That no family shall Settlement, be entitled to the allowance granted to settlers by this tion rights act, unless they have made a crop of corn in that coundefined. try, or resided there at least one year since the time of their settlement. All persons who, since the said first day of January, in the year one thousand seven hundred and seventy eight, have actually settled on any waste or unappropriated lands on the said western waters, to which no other person hath a just or legal right or claim, shall be entitled to the preemption of any quantity of land, not exceeding four hundred acres, to include such settlement at the state price to other purchasers. And all those who, before the said first day of January, in the year one thousand seven hundred and seventy eight, had marked out or chosen for themselves, any waste or unappropriated lands, and built any house or hut, or made other improvements thereon, shall also be entitled to the preemption upon the like terms, of any quantity of land, to include such improvements, not exceeding one thousand acres, and to which no other person hath any legal right or claim; Grants for, but no person shall have the right of preemption for how obtain- more than one such improvement; provided they respectively demand and prove their right to such pre

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emption, before the commissioners for the county, to be appointed by virtue of this act within eight months, pay the consideration money, produce the auditor's certificate for the treasurer's receipt for the same, take out their warrants from the register of the land office within ten months, and enter the same with the surveyor of the county, within twelve months next after the end of this present session of assembly; and thereafter duly comply with the rules and regulations of the land office. All locations made by officers and solLocations, diers upon the lands of actual settlers, shall be void, by officers but the said officers, soldiers, or their assignees, may and soldiers, obtain warrants on producing the commissioners cer- on lands of tificate of their several rights, and locate their claims settlers, on other waste and unappropriated lands. vent the locations of those claiming under warrants for preemption, from interfering with such as claim. under certificates for settlements, and to give due preference to the latter, so far as respects their rights to tracts of land not exceeding four hundred acres; the register of the land office shall particularly distinguish all preemption warrants by him issued, and no county surveyor shall admit any such warrant to be entered or located in his books, before the expiration of ten months as aforesaid. And where any such warrant shall not be entered and located with the county surveyor, within the before mentioned space of twelve months, the right of preemption shall be forfeited, and the lands therein mentioned may be entered for by any other person holding another land warrant; but such preemption warrant may, nevertheless, be located up- warrants re on any other waste or unappropriated lands, or upon entered. the same lands where they have not in the mean time been entered for by some other.

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VI. And be it farther enacted, That all persons Composition claiming lands, and suing out grants upon any such surveys heretofore made; either under entries with the surveyor of any county, or under any order of couneil, or entry in the council books, for which rights have not formerly been lodged in the secretary's office, and also those suing out grants for tracts of lands upon the western waters, not exceeding four hundred acres herein allowed them in consideration of their settlements, or under former entries with the county surveyor, for lands upon the eastern waters, shall be subject to the VOL. X.

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payment of the usual composition money under the former government, at the rate of ten shillings stirling for every hundred acres, to be discharged in current money, at the rate of thirty three and one third per centum exchange, before the grant issues, and to no other charge or imposition whatsoever, save the common office fees. And to all such persons, their heirs or assigns, who having title to land under the former government, had not only surveyed the same, but had lodged their certificates of survey, together with their rights, in the secretary's office; and although no caveat hath been entered, have not obtained patents, grants shall issue in consideration thereof, upon the payment of the office fees only.

VII. And whereas it hath been represented to the Agreements between general assembly, that upon lands surveyed for sundry companies companies by virtue of orders of council, many people der orders of have settled without specifick agreement, but yet under council, and the faith of the terms of sale publickly offered by the purchasers, said companies or their agents at the time of such set

claiming un

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Commissioners for ad

tlements, who have made valuable improvements thereon: Be it enacted and declared, That all persons so settled upon any unpatented lands, surveyed as before mentioned, except only such lands as before the settlement of the same, were notoriously reserved by the respective companies for their own use, shall have their titles confirmed to them by the members of such companies, or their agents, upon payment of the price at which such lands were offered for sale when they were settled, together with interest thereon from the time of the respective settlements, provided they compromise their claims with the said companies, or lay them before the commissioners for their respective counties, to be appointed by virtue of this act, and have the same tried and determined by them, in manner herein after directed: And provided also, that where any such survey contains more than four hundred acres, no one settler shall be entitled to a greater quantity than three hundred acres, unless he takes the whole survey, to include his settlement, and leave the remainder in one entire and convenient piece where the same is practicable.

VIII. And whereas the claims of various persons to the lands herein allowed to the inhabitants, in considejusting and Jetermining ration of their settlements, and of those who, by this

western wa

and modes

act, are entitled to preemption at the state price, as claims to well as of the settlers on the lands surveyed for sundry lands on the companies by orders of council as aforesaid, may oc- ters, how apcasion numerous disputes, the determination of which pointed, depending upon evidence, which cannot, without great their oath, charge and trouble, be collected, but the neighbour- duty, power, hood of snch lands will be most speedily and properly and rules of made by commissioners in the respective counties: Be proceeding. it enacted, That the counties on the western waters shall be allotted into districts, to wit: The counties of Monongalia; Yohogania, and Ohio, into one district; the counties of Augusta, Botetourt, and Greenbrier, into one district; the counties of Washington and Montgomery, into one other district; and the county of Kentucky, shall be another district; for each of which districts, the governour, with the advice of the council, shall appoint four commissioners under the seal of the commonwealth, not being inhabitants of such district (any three of whom may act) to continue in office eight months from the end of this present session of assembly, for the purpose of collecting, adjusting, and determining such claims, and four months thereafter for the purpose of adjusting the claims of settlers on lands surveyed for the aforesaid companies. Every such commissioner, before he enters on the duties of his of fice, shall take the following oath of office: "I A. B. do swear that I will well and truly serve this commonwealth in the office of a commissioner for the district of for collecting, adjusting, and settling the claims, and determining the titles of such persons as claim lands in the said district, in consideration of their settlements; of such as claim preemption to any lands therein, and also of such settlers as claim any lands surveyed by order of council, for sundry companies, according to an act of general assembly, entitled An act for adjusting and settling the titles of claimers to unpatented lands, under the former and present government, previous to the establishment of the commonwealth's land office; and that I will do equal right to all manner of people, without respect of persons; I will not take by myself, nor by any other person, any gift, fee, or reward for any matter done, or to be done by virtue of my office, except such fees or salary as the law shall allow me; and finally in all things belonging to my said office, I will faithfully, justly, and truly,

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according to the best of my skill and judgment, du equal and impartial justice, without fraud, favour, affection, or partiality, So help me God." Which oath shall be administered by any of the said commissioners to the first of them in nomination, who shall be present, and then by him to the others. The said commissioners shall have power to hear and determine all titles claimed in consideration of settlements to lands, to which no person hath any other legal title, and the rights of all persous claiming preemption to any lands within their respective districts, as also the rights of all persons claiming any unpatented lands, surveyed by order of council for sundry companies, by having settled thereon under the faith of the terms of sale publickly offered by such companies or their agents, aud shall immediately upon receipt of their commissions, give at least twenty days previous notice by advertisements at the forts, churches, meetinghouses, and other publick places in their district, of the time and place at which they intend to meet, for the purpose of collecting, hearing, and determining the said claims and titles, requiring all persons interested therein, to attend and put in their claims, and may adjourn from place to place, and time to time, as their business may require; but if they should fail to meet at any time to which they shall have adjourned, neither their commission nor any matter depending be fore them shall be thereby discontinued, but they shall proceed to business when they do meet, as if no such failure had happened. They shall appoint and administer an oath of office to their clerk; be attended by the sheriff, or one of the under sheriffs of the county; be empowered to administer oaths to witnesses or others, necessary for the discharge of their office; to punish contempts, enforce good behaviour in their presence, and award costs, in the same manner with the county courts; they shall have free access to the coun ty surveyor's books, and may order the same to be laid before them, at any time or place of their sitting, and shall pay to such surveyor, out of the fees received by them for certificates, the sum of three pounds for every day he shall attend, and to the sheriff for the like attendance, two pounds for each day's attendance. In all cases of disputes upon claims for settlement, the person who made the first actual settlement, his or her

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