money respectively due thereon into the treasury; and if the same shall not be paid within the said term, the warrant, survey, and title found thereon shall be void, and thereafter any other person may obtain a warrant, entry, and grant for such land, in the same manner as Provided for any other waste and unappropriated land: Provi- that this prided, that nothing herein contained shall be construed vilege shall to extend to any person claiming right to the pre-emption tual settleof any land for having built an house or hut, or made any ments only. improvements thereon, other than an actual settlement for settle

extend to ac

Certificates

ment & pre.

as described in the said recited act. No certificate of right to land for actual settlement or of pre-emption emption right shall hereafter be granted by the said commis- rights not to be granted, sioners, unless the person entitled thereto hath taken unlessto perthe oath of fidelity to this commonwealth, or shall take sons who such oath before the said commissioners, which they have taken are hereby empowered and directed to tender and ad- fidelity to minister; except only in the particular case of the in- this comhabitants of the territory in dispute between this com- monwealth. monwealth and that of Pennsylvania, who shall be entitled to certificates upon taking the oath of fidelity to the United States of America.

the oath of

Exception, as to inhabit

ants of disputed territorybetween

nia.

How grants for lands, surveyed under orders

the Eastern

III. And be it farther enacted, That all persons, this state & their heirs or assigns, claiming lands by virtue of any Pennsylva order of council, upon any of the eastern waters, under actual surveys made by the surveyor of the county in which the land lay, may upon the plats and certificates of such surveyors being returned into the land office, together with the auditors certificate of the treaasurer's of council,on receipt for the composition money of thirteen shillings Waters may and four pence per hundred acres due thereon, obtain be obtained. grants for the same according to the rules and regulations of the said office; notwithstanding such surveys or claims have not been laid before the court of appeals. And all other claims for lands upon surveys made by a county surveyor duly qualified, under any order of council, shall by the respective claimers be laid before the court of appeals, at their next sitting, which shall · Caveats on proceed thereupon in the manner directed by the be- surveys before recited act. Any person claiming right to land fore estasurveyed for another before the establishment of the commonwealth's land office, may enter a caveat and proceed thereupon in the same manner as is directed by the act of assembly for establishing the said office, ceeded in. and upon recovering judgment, shall be entitled to a

blishment of

commonwealth's land office, how pro

grant upon the same terms, and under the same conditions, rules, and regulations as are prescribed by the said act in the case of judgments upon other caveats; upon producing to the register a certificate from the auditors of the treasurer's receipt for the composition money of thirteen shillings and four pence per hun dred acres due thereon.

Salaries and

of tobacco encreased.

CHAP. XXVIII

An act to repeal and amend part of an act entitled An act to amend an act entitled An act for reviving several publick warehouses for the inspection of tobacco, and for other purposes.

WHEREAS the allowance heretofore made to the allowances inspectors for inspecting tobacco hath been found inof inspectors sufficient; Be it enacted by the General Assembly, That over and above such former allowance, the inspectors shall be allowed the farther sum of three dollars for every hogshead of tobacco which shall be by them inspected, from and after the passing of this act, to be paid by the person for whom such tobacco shall be inspected. And for making an adequate compensation for their services to such inspectors for want of timely publication of the act passed in the last session of assembly, for amending an act entitled "An act for reviving several publick warehouses for the inspection of tobacco," have not received the sum of two dollars per hogshead for all tobacco by them inspected, in lieu of their former salaries; Be it enacted, That the treasurer shall, and he is hereby authorized to pay to such inspectors, their full salaries as heretofore established until the end of the last inspection; such inspectors accounting upon oath, for all monies by them collected by virtue of the before recited act. And where

the same default hath been made in collecting the sum of eight shillings per hogshead, for warehouse rent, by virtue of the before recited act, the inspectors who shall ship such tobacco passed in the commencement thereof, shall demand and receive the said sum of eight shillings from the shipper, and account to the proprietor of their warehouses respectively for the same. And as the allowance made by the act of the last session of assembly, for reprising, repacking, and turning up tobacco is found inadequate to the trouble and expense attending that service: Be it enacted, That the farther sum of eighteen shillings per hogshead shall be allowed for reprising, repacking, opening, turning up, securing, and finding nails, to be paid by the same persons as is directed in the said recited act, passed in the last session of assembly.

in Chesterfield county,

And whereas it will be of advantage to the publick Inspection if the inspection at Warwick, in the county of Ches- at Warwick, terfield, should be revived; Be it enacted, That the said inspection shall, from and after the passing of this act, revived. be, and the same is hereby revived; and the warehouses formerly used for the purpose of inspecting tobacco at Warwick aforesaid, shall be continued for that purpose, subject to the same regulations for nominating and appointing inspectors and pickers, payment of warehouse rent, and the salaries to inspectors, as the other warehouses within this commonwealth. And be it farther enacted, That the county court of Norfolk shall recommend once in every year to the governour or chief magistrate for the time being, two proper persons for the purpose of reinspecting or repacking of tobacco in the said county, which tobacco shall be at the risk of the proprietor or proprietors thereof, and the inspectors shall be entitled to receive for their trouble, ten dollars for each hogshead from the person employing them.

And whereas it appears that inspectors of tobacco in many instances are obliged to cross ferries in order to attend their duty at their warehouses, the expense of which would greatly diminish the salaries allowed by law: Be it farther enacted, That from and after the passing of this act, inspectors of tobacco'shall charge the expense of ferriages necessarily incurred in going to, and returning from their warehouses, in account with the publick over and above the salaries allowed by law.

And it is hereby farther enacted, That the inspection established at Cave's warehouse, in the county of Stafford shall, from and after the first day of February next be discontinued.

p. 114.]

CHAP. XXIX.

[Chan. Rev. An act for establishing a fund to borrow money for the use of the United States, and for other purposes.

of a tax in tobacco ap.

5,000,0001.

est.

ap.

Five eighths I. FOR establishing a fund whereon to borrow a sum of money for the use of the United States, and to give the propriated lenders the fullest assurance of being paid the interest as a fund for thereof annually, and for making provision for repayborrowing ing the principal money so to be borrowed at the upon inter- pointed time: Be it enacted by the General Assembly, That a tax of thirty pounds of inspected tobacco in transfer notes, shall be paid on or before the first day of August next, and at the same time in each of the next succeeding eleven years, by every tithable person in this commonwealth, except free white tithables between the age of sixteen and twenty one years, and those who shall have been discharged by the county courts from the payment of levies, and except also such slaves as have been or shall be exempted from taxation by the commissioners of the tax on account of old age or bodily infirmity. Five eighths of the nett produce of the said tax shall be appropriated as a fund, whereon the treasurer of this commonwealth for the time being may, and he is hereby empowered and required to borrow a sum of money not exceeding five millions of pounds, current money, from any person or persons willing to lend, in sums not less than one thousand pounds from any person, at an interest of five per centum per annum. The interest to grow due on all sums so borrowed shall be regularly paid to the lenders respectively, or to their order as hereafter limited, at the treasury annually as it shall become due,

:

and the surplus remaining after all such interest, shall be paid arising from the said five eighths of this tax: The treasurer may and he is hereby empowered and required to pay to such of the said publick creditors as may be willing to receive their principal, giving preference in such payments to each creditor as he or they may make application for the same in priority of time, until the surplusage shall be paid away in each of the said years.

1

II. And for fixing the nominal sum of money, which Standard for every such creditor shall receive as interest and prin- value of adjusting cipal, agreeable to the directions of this act, so as to principal & secure the creditors on the one hand from being losers interest. by receiving less than the real value of the sum lent at the time of the loan, and to guard the state on the other hand from paying a greater sum either as interest or principal, than the real value of such interest at the time it shall become due, or the principal was worth at the time of the loan: Be it farther enacted, That the rule and standard for fixing the value of all the money to be borrowed, and of all interest and principal to be thereafter paid in consequence of this act, shall be as followeth: For all monies to be borrowed upon this fund between the first day of January next and the sixth day of the next general court, one hundred pounds of inspected nett crop tobacco shall be held. deemed, and taken as the standard and true value of thirty pounds current money, and so in proportion for any greater or lesser sum which may be borrowed by that time, and for all money to be borrowed after that day upon this fund. And for fixing the value of all interest accruing on all the money to be borrowed in consequence of this act, the following rules shall be observed. The judges of the general court, at some day during the first six days of their session in the month of March next, and at every succeeding session ́ of that court during the continuance of this act, shall and they are hereby empowered and required to administer an oath to the grand jury attending every session of that court, well and truly to estimate the true market price of inspected crop tobacco, according to the best of their skill and judgment at the time, taking for their guide neither the greatest nor smallest, but the, average market price at the time of making the estimate, which estimate shall be entered upon re