tween par of settle ment; the same before the ordinary courts of law or equity; save only as far as this act shall otherwise have spe Judgment cially directed. Judgment when rendered shall be final, final, beexcept as herein after excepted, and shall give to the ties to trial. party in whose favour it is, a title against all others who were parties to the trial; and if after such judg ment rendered, the party against whom it is, shall enter the said lands forcibly, or forcibly detain the same, it shall be lawful for the said commissioners or any one of them, or any justice of peace for the county, to remove such force, in like manner as if it were com Certificates mitted on lands holden by grant actually issued. The said commissioners shall deliver to every person to whom they shall adjudge lands for settlement, a certificate thereof under their hands, and attested by the clerk, mentioning the number of acres, and the time. of settlement, and describing as near as may be, the particular location, noting also therein the quantity of adjacent land to which such person shall have the right and preemp- of preemption. And to every other person to whom tion, how to be given. they shall adjudge the right of preemption to any lands, they shall in like manner deliver a certificate, specify ing the quantity and location of such land, with the cause for preemption, with a memorandum for the information of the party in each certificate of the last day on which the lands therein respectively mentioned can be entered with the county surveyor: For every hundred acres of land contained within the said certificates, the party receiving the same, shall pay down to the commissioners the sum of ten shillings, besides a fee of ten shillings to the clerk for each certificate so granted; and the said certificates produced within the times. herein before respectively limited to the surveyor of the county, or to the register of the land office, with the auditors certificate of the treasurer's receipt for the payment due on the preemption, as the nature of the case may require, shall entitle the person respectively receiving them, to an entry and survey, or a warrant for the said lands, in such way, and on such terms as are herein before prescribed. And to prevent frauds or mistakes, the said commissioners immediately upon having completed the business in their district, shall transmit to the register of the land office, under their hands, and attested by their clerk, an exact list or schedule in alphabetical order, of all such certificates Pees therefor. Commission rs to return lists to register. missioners in by them granted, and a duplicate so signed and attested to the county surveyor for their information. They shall in like manner, and upon payment of the Duty of comsame fees, deliver to every person to whom they shall relation to adjudge, a title to any unpatented land, surveyed for lands adany company by order of council, a certificate men- judged ationing the number of acres to which they have ad- gainst com. panies. judged the title, what particular survey the same is in, and for what company made, the price to be paid such company, and the date from which the same is to bear interest, and where there is a greater quantity of land contained in the survey, describe as near as may be, the manner the land to which they have adjudged title, shall be laid off and bounded; and shall also immediately upon having completed the business in their district, transmit to the clerk of the general court, under their hands, and attested by their clerk, a list or schedule in alphabetical order, containing exact copies of all such certificates by them granted, to remain in the said clerk's office for the information of the said companies, and as evidence and proof of the respective titles. IX. Provided nevertheless, That if the parties, their In what caheirs or assigns, to whom such titles shall have been ses rights adjudged a adjudged, shall not within six months at farthest, from gainst comthe time of their respective judgments in their favour, panies for pay or tender to the company to whom the same is feited. due, or their agent, the price and interest so fixed by the said commissioners, the title of every person so failing, shall be forfeited, and shall be from thence forward, to all intents and purposes, null and void; any thing herein to the contrary thereof notwithstanding. The said commissioners for every day they shall be actually employed in the execution of their office, shall Allowances be allowed the sum of eight pounds each; they shall to commis be accountable for all the money they shall have re- clerk and ceived upon issuing certificates as aforesaid, except sheriff. the fee to the clerk, and shall settle a fair account upon oath, with the auditors, and receive from the treasurer whatever balance may appear due to them thereon, or pay to him any balance which shall be by them due to the commonwealth. The clerk and sheriff shall receive for their services, the fees heretofore allowed by law for the like services in the county court, and the witnesses the same allowance for their attendance, to sioners, of commis sioners may be entered in general court. be paid by the party, and collected in like manner as is directed in the ordinary cases of the same nature, and the clerk shall have the same power of issuing executions as the clerks of the county courts; provided that the clerk shall not be allowed any farther or other fee for entering and issuing a certificate than is herein before mentioned. But as by this summary mode of Within what proceeding, some persons at a great distance may not time caveats have timely notice, and may be unable to appear in tojudgments support of their claims, for remedy whereof, Be it enacted, That no grant shall issue upon any of the claims determined by the said commissioners until the first day of December; 1780, and in the mean time, any such person injured by their determination, his or her heirs or assigns, may enter a caveat against a grant thereupon, until the matter shall be heard before the general court, and may petition the said general court to have his or her claim considered; and upon its being proved to the court that he or she laboured under such a disability at the time of the meeting of the commissioners thereupon, the court shall grant him or her a hearing in a summary way, and if it shall appear upon trial, that the petitioners claim is just, such court may reverse the former determination, and order a grant to issue for such land or any part thereof, on the terms herein before mentioned, to the person to whom they shall adjudge the same. Certain land laid before X. And be it farther enacted, That all claims for claims to be lands upon surveys under any order of council or enthe court of try in the council books, shall by the respective claimappeals, and ers be laid before the court of appeals; which shall there decid- meet for that purpose on the sixteenth day of Decem ed. ber next, and shall adjourn from day to day until the business be finished; or if it be proved to the court that any such claimer is, unable to attend and prosecute his claim, or for other just cause to them shewn, they may order such claim to be tried before them on some future day. All such claims shall be heard and determined in a summary way, without pleadings in writing, upon such evidence as in the opinion of the court, the nature of the case may require; and no such claim shall be valid, but such only as shall be so heard and established by the said court of appeals, and on their certificate that any such claim hath been by them established, the register is hereby required to issue a war Proviso, in soldiers. rant or grant thereupon, according to the nature of the case, and the rules and regulations of the land of fice; and the attorney general is hereby required to attend the said court on behalf of the commonwealth. XI. Provided always, That nothing herein contain ed shall extend to officers, soldiers, or their assignees, favour of of. claiming lands for military service. The register of ficers and the land office shall regularly record all land warrants Register's issued by virtue of this act; they may be executed in duty in reone or more surveys, and may be exchanged or divi- cording land warrants, &. ded so as best to suit the purposes of the party, and making out shall remain in force until lands shall have been ac- the grants. tually obtained for them, in the same manner with the warrants to be issued by virtue of the before recited act for establishing a land office. And when the said register shall make out a grant to any person or persons for lands due to him, her, or them, by virtue of this act, he shall recite therein as the consideration, the rights and cause for which the same became due, according to an act of general assembly, passed in the year of our Lord one thousand seven hundred and seventy nine, 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 if any part thereof is due in consideration of the ancient composition money, or the new purchase money paid to the commonwealth, the same shall be properly distinguished, and in every other respect the grant shall be drawn and pass in the form and manner prescribed by law for future grants of lands from the commonwealth. the revolu tion, how XII. And whereas at the time of the late change of Caveats degovernment, many caveats against patents for lands pending at which had been entered in the council office, were depending and undetermined, Be it enacted, That all such proceeded caveats, with the papers relating thereto, shall be re- on. moved into the clerk's office of the general court, there to be proceeded on and tried in the manner directed By law for future caveats; but the same shall be determined according to the laws in force at the time they were entered; and upon the determination of any such caveat, a grant shall issue in the name of the person to whom such land shall be adjudged, his or her heirs or assigns, upon producing to the register of the land VOL. X. G office, within three months at farthest from the time of such judgment, an authentick copy thereof, together with the auditor's certificate of the treasurer's receipt for the antient composition money due thereon, at the rate of exchange herein before mentioned; but where the person recovering had before paid rights into the secretary's office, a grant shall issue in consideration thereof upon payment of the office fees only. p. 9.4.] CHAP. XIII. [Chan. Rev. An act for establishing a Land office, and ascertaining the terms and man ner of granting waste and unappropriated lands. Preamble. 1. WHEREAS there are large quantities of waste and unappropriated lands within the territory of this commonwealth, the granting of which will encourage the migration of foreigners hither, promote popula tion, increase the annual revenue, and create a fund Land office for discharging the publick debt: Be it enacted by the established. General Assembly, That an office shall be, and is here by constituted for the purpose of granting lands within this commonwealth, into which all the records now in the secretary's office, of patents or grants for lands heretofore issued, with all papers and documents relating thereto, and all certificates of surveys of lands now in the said office, and not patented, shall be removed and lodged for their safe keeping; and all future grants of lands shall issue from the said office in manner and Register of, form herein after mentioned. A register of the said land office shall be appointed, from time to time, by joint ballot of both houses of assembly, who shall give bond with sufficient security to the governour or first magistrate of this cominonwealth, in the penalty of fifty thousand pounds current money; shall hold his office during good behaviour; be entitled to receive such fees as shall hereafter be allowed by law, and shall have power to appoint a deputy and clerks to as how appointed and qualified. |