3 Sm. 193. 130. All applications made since the 1st day of April 1784, on the files or the 22 Sept. 1794 § 2. books of the land-office, for lands within this commonwealth, for which the purchase-money has not been paid, shall, from and after the passing of this act, be null Applications in and void: Provided, That all persons shall have the benefit of the act passed March certain cases, to be the 29th, 1792, agreeably to the provisions contained in a supplement to the said void. act, passed March the 6th, 1793:(r) Provided also, That nothing in this act shall in Proviso, in favor of persons having anywise injure the rights of those persons who now hold or hereafter shall hold credit for balances. lands by virtue of actual settlements and improvements, made or to be made under the law passed the 3d day of April 1792.(s) 1795, to be valid. 131. The warrants issued by the land-officers of the land-office of Pennsylvania, 25 April 1850 § 23. in favor of persons having credits in the books of the receiver-general, between the P. L. 578. 224 September 1794 and the 1st January 1795, on which surveys have been made, Warrants issued to returned and accepted in the land-office, shall be as good and valid, to pass the persons having title of the commonwealth, and vest the same in the warrantee, his, her or their credits prior to heirs and assigns or other legal representatives, as the said titles would have been vested by said warrants, if the act of the 22d September 1794 had never been passed: Provided, That this section shall not affect in any way the right of any person claiming any part of said lands by actual settlement, or by being located according to law, under any other warrant. 4 April 1805 § 1. 4 Sm. 254. Warrants not entered within two years to lose their priority. 5 Sm. 46. 132. It shall be the duty of all persons now holding or that may hereafter hold unexecuted land-warrants, to file or enter the same with the surveyors of the proper district, within two years after the passing of this act, or within two years after the date of such warrants respectively; and on failure thereof, such warrant or warrants shall not have any force or effect against a warrant of later date, nor against an actual settler on the lands called for in such unexecuted warrant. 133. The fees on issuing a warrant shall in all cases be four dollars and fifty cents 29 March 1809 § 8. for each and every warrant of survey [and acceptance] which shall issue, except as is hereinafter excepted; and it shall thenceforth be the duty of the secretary of Fees for warrant. the land-office, from time to time, as the same may be necessary, to make or cause to be made all calculations of the purchase-money and interest due on lands sold or that shall hereafter be sold by the state, and to direct the payment of the money Purchase-money by the applicant, together with the price of the warrant, into the state treasury; issuing of warrant. and the treasurer shall give duplicate receipts for the money paid, one of which shall be deposited with the said secretary of the land-office, before the warrant shall issue. to be paid before 25 Dec. 1809 § 1. 134. No fee shall be received in the surveyor-general's office for filing and direct- 5 Sm. 76. ing a warrant, and the whole amount of the money to be paid on issuing, filing No fee to be received for filing and directing the same shall in no case exceed the sum of four dollars and fifty and directing warrant. cents. Ibid. § 2. 135. In all applications at the land-office for warrants, hereafter to be granted by the state, the person making application, or his agent, may, at their own elec- When interest on tion, pay the interest on the purchase-money accrued previously to the date of the purchase-money warrant, either at the time the purchase-money shall be paid, or after the return of to be paid. survey shall have been made, and before the issuing of the patent. Ibid. § 3. 136. In all cases of warrants issuing hereafter, where the return of survey shall have been previously made on proprietary locations, and whereon a warrant, com- Fee on warrant of monly called a warrant of acceptance, shall issue, the price of said warrant shall be acceptance. two dollars. P. L. 58. 137. Every applicant for a warrant to survey any of the vacant lands of this 14 April 1874 § 1. commonwealth shall produce to the surveyor-general a particular description of the land applied for, with an affidavit of a disinterested witness, made before a justice Form of applicaof the peace of the township or borough in which the land applied for, or the tions. greater portion of it, is situate; or, if there be no justice of the peace in such township or borough, before a justice of an adjoining township or borough, specifying whether the said land be improved or not, and, if improved, how long since the said improvement was made, that interest may be charged as now provided by law. The applicant for such warrant shall declare, upon oath or affirmation, before a Oath of applicant. justice of the peace of the township or borough in which the land, or greater portion of the same, is situate; or, if there be no justice in such township or borough, before a justice of an adjoining township or borough, that he verily believes that no warrant or other office-right has previously issued for such land, or if one has issued, after giving full particulars in relation thereto, shall depose that he verily believes it has been abandoned; and if, at any time thereafter, it shall appear that the person or persons deposing as aforesaid, or any of them, shall knowingly have sworn falsely, such person or persons shall suffer all the pains and penalties of perjury. 138. No warrant shall issue for any tract or piece of land on which settlement is made, or which may be, either in whole or part, cleared and fenced, or otherwise No warrants to improved, used or occupied, and held by defined boundaries, unless to such person issue for improved lands, exor persons, respectively, who have made the settlement, clearing, fencing or im- cept to settlers. and 10 March 1817; supra 37, 61. And by act 23 March 1802, 3 Sm. 494, it is not to affect islands in the Susquehanna. (r) See supra, note m, and infra 131. Ibid. § 2. P. L. 58. 14 April 1874 § 2. provement, their legal representatives or assigns, upon proof of ownership of such settlement or improvement right, and if any warrant shall issue otherwise than as aforesaid, it shall be void: Provided, That this section shall not apply to abandoned improvements. 28 April 1889. P L. 46. Applicants for warrants to survey vacant lands to give notice. When caveat en tered, warrant not rected by board of to issue until di property. Caveator shall de posit purchase money, interest, and fees with caveat. 139. Every applicant for a warrant to survey vacant land shall, after filing his or their application for such warrant, and depositing the amount of the purchasemoney and fee with the secretary of internal affairs, give at least thirty days' notice of the filing of said application, with a full description of the land as set forth in the application, by publication once a week for three successive weeks, in one or more newspapers of the county in which the land is situate and nearest its location, and shall furnish proof that such notice has been given, before a warrant shall issue: Provided, That if any caveat or caveats shall have been entered against issuing such warrant, the same shall not issue until directed by the board of property; and if the board of property, after a hearing upon a citation, issued in pursuance of any caveat, shall decide against issuing the warrant, the purchase-money shall be returned to the applicant: Provided, That caveats presented by those who claim to have acquired title, by virtue of settlement and improvement rights, shall not be received as such, or prevent the granting of warrants, unless the caveator shall deposit with the caveat the purchase-money, interest, warrant and patent fees as provided by law, which purchase-money and fees shall be retained as a deposit until a decision is had as to the respective rights of the parties, and if such decision be adverse to the caveator, then the money deposited shall be refunded on application made, and vouchers executed, as required by the secretary of internal affairs. 140. Settlement and improvement rights shall only be acquired and recognized as such by an actual entry upon vacant land of the commonwealth, with the manand improvement ifest intention of making it a place of abode, together with an actual improvement of the land by clearing and tilling the soil, for the purpose of gaining support thereby, and also defining the limits of such claim by survey and well-marked lines. No action at law shall be maintained by the person or persons claiming settlement and improvement rights, neither shall such person or persons be permitted to set up a defence based on such rights, unless the purchase-money and fees aforesaid shall have been paid to the commonwealth. Ibid. How settlement rights to be acquired. No action to be maintained unless purchase money and fees are paid to commonwealth. Ibid. Repealing clause. 14 April 1874 § 4. P. L. 58. 4 Sept. 1793 § 1. 3 Dall. 446. Surveys to be valid, although deputies are not in office at return. 4 April 1803 § 1. 4 Sm. 100. 4 April 1811 § 1. 5 Sm. 264. certain surveys 141. All acts or parts of acts inconsistent with the provisions of this amendment be and the same are hereby repealed. (t) 142. This act shall not apply to applications for warrants filed with the surveyorgeneral before its passage. (2.) In reference to surveys.(u) 143. All returns of surveys, which have been actually executed since the 4th day of July 1776, by deputy-surveyors, whilst they acted under legal appointments, shall be received in the land-office, although the said deputies may happen not to be in office at the time of such return or returns being made: Provided, That no returns be admitted that were made by deputy-surveyors who have been more than nine years out of office. 144. It shall be lawful for deputy-surveyors or their regularly authorized assistants, to administer an oath or affirmation to the persons employed as chain-carriers, obliging each of them to the faithful performance of the duty of chain-carriers. 145. It shall be lawful for the officers of the land-office to issue patents in the usual manner, on surveys made, which have been heretofore returned and received Patents to issue on by the surveyor-general, notwithstanding any such survey may contain an excess of more than ten per cent above the number of acres mentioned in the warrants respectively: Provided, That no such patent shall be construed to defeat or affect the right or title of any other person or persons which may have accrued by improvement or otherwise, to any such excess. notwithstanding excess. 13 March 1817 § 1. 6 Sm. 427. Warrants of ac ents to issue on excess. 146. The board of property are hereby authorized and required to direct [warrants of acceptance] (v) and patents to issue on any surveys regularly made or to be made in pursuance of any warrant, location, actual settlement or order of surceptance and pat- vey, although such survey may contain a greater surplus than ten per cent beyond the quantity mentioned in such warrant, location or order: Provided, That such surveys containing surplus quantity shall not exceed one hundred acres, and that the party procuring Surplus land to be such return to be made, shall forthwith pay into the state treasury the price of such paid for. surplus land, with interest, at the same rate at which the said warrant, location or order may have been taken out, except in all cases of warrants taken out at fifty shillings per hundred acres, in which case the price of such surplus land shall be at the rate of twenty-six dollars and sixty-six cents per hundred acres: And provided also, That no acceptance of any survey shall, in any case, prejudice or affect the right or title of any other person, in or to such surplus land, which may have (t) This is an amendment of the act 14 April 1874. § 3, P. L. 58. (u) See act 8 April 1785, § 9, supra 57, and notes. It seems, that section is not confined to lands within the new purchase. Barton v. Smith, 1 R. 403. (v) Warrants of acceptance dispensed with, infra accrued or commenced by warrant or actual settlement prior to such acceptance.(w) 147. The surveyor-general shall be authorized and required to receive returns of surveys made or to be made, in pursuance of the act to which this is a supplement, without the issuing of warrants of acceptance for that purpose. 20 Feb. 1819 § 1. 7 Sm. 153. Warrants of acceptance dispensed Ibid. § 2. 148. Nothing in this act, or the act to which this is a supplement, shall prohibit with. the accepting of surveys, or the issuing of patents on titles, originating before the 4th day of July 1776, and which are protected by the act entitled "An act for vest- Proprietary grants ing the estates of the late proprietaries of Pennsylvania in this commonwealth,' passed the 27th day of November 1779.(x) "not to be interfered with. 8 May 1832 § 1. P. L. 431. 149. All the surveys of land heretofore returned and accepted by the officers of the land-office, are hereby declared to be valid and effectual, to all intents and purposes, notwithstanding the said surveys may have been actually made on the ground Surveys made bebefore the warrants on which they were returned had been placed in the hands of fore receipt of warthe deputy-surveyor: Provided, That this act shall not be so construed as to alter rants, to be valid. or impair the existing rights of third persons. P. L. 87. 150. So much of the second section of the act approved the 6th day of April, 21 April 1869 § 1. Anno Domini 1830, as restricts returns of surveys on warrants thereafter to be issued, to an amount not greater than ten per centum beyond the number of acres Act restricting for which the warrant issued, be and the same is hereby repealed: Provided, That amount of surplus any excess which may be returned under the provisions of prior laws shall be paid repealed. at the time of making such return of survey to the surveyor-general, otherwise the Payment for same shall not be accepted. excess. 151. All the surveys of land heretofore returned and accepted in the surveyor- 27 March 1878 § 1. general's office, are hereby declared to be valid and effectual, to all intents and P. L. 56. purposes, notwithstanding the said surveys may have been actually made on the Certain surveys ground, before the warrants on which they were returned had been placed in the confirmed. hands of the deputy or county surveyor: Provided, That this act shall not be so construed as to alter or impair the existing rights of third persons. (3.) In reference to patents. P. L. 80. 152. It is hereby declared, that all patents granted by the commonwealth, do 11 March 1843 § 4. pass and vest the entire estate of the commonwealth to and in the patentees, free and clear of all liens, incumbrances and claims of the commonwealth whatsoever, Effect of patent. prior to the date of the respective patents, except for arrears of purchase-money.(y) P. L. 340. secured. 153. So much of the act of March 11th, 1843, being the 4th section of said 13 April 1854 § 1. act, as declares that all patents granted by the commonwealth, do pass and vest the entire estate of the commonwealth to and in the patentees, free and clear of all Pre-emption rights liens, incumbrances and claims of the commonwealth whatsoever, prior to the of actual settlers date of the respective patents, except for arrearages of purchase-money, shall not be taken or construed to interfere with the rights of actual settlers, or to extend to lands that may have been escheated to the commonwealth; and it is hereby declared that the pre-emption right of actual settlers under existing laws of this commonwealth, or under any law or laws that may have been repealed by the said fourth section herein referred to, shall in no wise be impaired in any suit of law now pending, or hereafter to be instituted by patentees, on patents issued since the passage of the said fourth section. 154. The fees on patenting, in all cases in which fees by law are receivable, 29 March 1809 § 5. shall be ten dollars for each and every patent that shall issue, (2) and shall be paid 5 Sm. 47. to the state treasurer, who shall give duplicate receipts for the same, one of which Fees on patents. shall be deposited with the secretary of the land-office, before the issuing of the patent. And the enrolment of the patent shall thenceforth be done without additional fees, under the direction of the said secretary; who shall also possess all the powers, and perform all the duties, so far as the same relate to the papers to be deposited in his office, hitherto appertaining to or directed by law to be performed by the master of the rolls. 6 Sm. 309. 155. The secretary of the land-office of this commonwealth is hereby author- 25 Jan. 1816 § 1. ized to settle the accounts of all persons who may apply for patents, either by themselves, their agents or attorneys, and be entitled to the same, on or before the Balance of unpaid 1st day of May, in the year of our Lord 1817, and who are indebted to the com- purchase-money to monwealth for the purchase-money of lands and interest due thereon; and on the be indorsed on payment of the usual fees of office, the said secretary of the land-office shall issue patent, and to be patent or patents to such persons for his, her or their respective lands, and on the same patent or patents certify the amount of the purchase-money and interest due for the land therein described, which aggregate sum shall bear interest from the date of the certificate, and shall be and remain a lien on the said land until the money shall have been paid; and such persons receiving patents as aforesaid, their partial payinents. (w) See Raush v. Miller, 24 P. S. 277, 281. (x) See tit." Proprietaries." (y) If the patent embrace more land than is surveyed, it is void for the excess. Delaware and Hudson Canal Co. v. Dimock, 47 P. S. 393. a lien. Parties may make (z) By act 20 May 1864, § 9, P. L. 915, as amended by act 24 August 1864, P. L. 1009, the patent fee on town lots, not exceeding one-third of an acre, is fixed at one dollar; and on lots, not exceeding two acres, at five dollars. 6 Sm. 309. 25 Jan. 1816 § 1. heirs and assigns, shall be permitted, either at the time of issuing the patents, or at any time thereafter, to pay the whole or any part of the interest and of the aggregate sum aforesaid, and receive a credit upon the patent for the same. Ibid. § 2. Such patents and certificates to be recorded within six months. Ibid. § 3. Patents may issue to trustees, &c. Ibid. § 4. How accounts to be settled. 156. Said patents and certificates thereon, shall be recorded in the recorder's office of the county in which the land lies, in a book to be provided for that purpose, at the usual fees for the like number of words; which record shall be notice to all persons, and may be used as evidence, before any court or magistrate, of the sum due to the commonwealth, sufficient to maintain a suit against the patentee, his heirs, executors, administrators or assigns: Provided, That if the record so as aforesaid directed should not be made within six months from the date of such patent or patents, the same patent or patents shall be void and of no validity or effect whatever. 157. Patents may issue under this act to any trustee or trustees holding lands, or to any guardian or guardians of minors duly appointed, or to any executor or executors to whom the sale or disposal of the land to be patented is given by the last will and testament of their testator, for the use and benefit of those entitled; which trustee or trustees, guardian or guardians, executor or executors, are hereby authorized to apply for the same. 158. It shall be the duty of the secretary of the land-office, on the settlement of any account for moneys due on lands, other than those due on mortgage or lien. within any part of this commonwealth, except such lands as are situate north and west of the rivers Ohio and Allegheny and Conewango creek, to ascertain the amount of the principal and interest due at the time of passing this act, upon such account, and upon the aggregate amount so found due, it shall be his duty to charge interest, (a) until the amount of the account shall have been discharged.(b) 159. The recorder of deeds in the respective counties, upon a receipt of the state treasurer produced for the whole of the purchase-money and interest charged When satisfaction against any tract of land, shall enter satisfaction upon the record, and the lien against such land shall thereupon cease and determine. 1 April 1823 § 1. 8 Sm. 165. to be entered on lien. 8 April 1826 § 1. 9 Sm. 170. Suits to be brought for unpaid purchase-money. (4.) In reference to unpaid purchase-money. 160. From and after the 1st day of May 1827, the secretary of the land-office shall cause suits to be instituted on behalf of the commonwealth, for the recovery of moneys due for lands held by virtue of locations or other office-titles, issued from or under the proprietary government, under and agreeably to the provisions of the act entitled "An act directing the recovery of the principal and interest due to the commonwealth from persons holding lands by virtue of locations or other office-titles, issued from or under the proprietary government, and for other purposes," passed the 22d day of March 1820, (c) and also for lands held by warrant proprietary grants, or other title from or under this commonwealth, ascertaining the sums due accordor by title under the commonwealth. Whether due on Parties who may to be sued, until ment of interest. ing to the provisions of the laws now existing, (d) in all cases where a mortgage shall not have been executed therefor, before that time, agreeably to the provisions of the act of the 22d of March 1820, aforesaid, or any other act authorizing the same: Provided, That any person or persons holding land as aforesaid, who shall, give mortgages not between the passage of this act and the 1st day of May 1827, patent the same and after default in pay- give a mortgage for the amount of the principal and interest due, according to the provisions of the act of the 22d of March 1820, entitled “An act directing the recovery of the principal and interest due to the commonwealth, from persons holding lands by virtue of locations or other office-titles, issued from or under the proprietary government, and for other purposes," or any other act, and who shall pay the interest which may accrue on such mortgage, on or before the first day of June in each and every year thereafter, shall not be liable to have a suit instituted against him, her or them, for the recovery of the amount of such mortgage and such interest as may be due, until one year after such payment of annual interest shall have ceased to have been made, unless it shall be otherwise directed by law: And provided further, That any person or persons holding land as afore said, against whom suit or suits shall be instituted agreeably to the directions of this act, who shall, at any time within nine months from and after the institution of such suit or suits, pay the interest which shall have accrued on such land, from and after the 1st day of May 1827, and shall take a patent and execute a mortgage agreeably to the provisions of the act passed the 22d day of March 1820, entitled "An act directing the recovery of the principal and interest due to the commonwealth, from persons holding lands by virtue of locations or other office titles, issued from or under the proprietary government, and for other purposes," or agreeably to the provisions of this act, and shall thereafter yearly pay the interest on such mortgage, on the first day of June, in each and every year there after, and shall pay all costs that shall have accrued on such suit or suits, such Proceedings to be stayed, on payment of interest, and execution of mortgage, &c. a (a) See act 8 April 1829, 10 Sm. 330; which was extended by acts 21 March 1831, P. L. 190; 5 April 1832, P. L. 277; 25 March 1833, P. L. 92; and 10 April 1834, P. L. 250; until 8 April 1835, when it expired. See also resolution 8 April 1833, P. L. 497. (b) The remainder of this section is temporary. (c) 7 Sm. 280. (d) See supra 98, 158, and infra 164. 9 Sm. 170. person or persons shall not be liable to be further proceeded against by such suit 8 April 1826 § 1. or suits, but the same shall be discontinued; and no other suit shall be instituted against such person or persons, under this act or the aforesaid act passed the 22d day of March 1820, until after the failure to pay such interest, on the first day of June as aforesaid, or until it shall be otherwise directed by law. Ibid. § 2. 161. In all cases where the whole amount of any mortgage or lien which shall have been executed, or have taken effect, before the passage of this act, and has Suits to be susbecome due and payable to the commonwealth, before the passing of this act, or pended on mortshall become so due and payable, or any part thereof, before the said 1st day of gages previously given on payment May 1827, or at any time thereafter, if the mortgagor or judgment-debtor shall, on of interest. or before such time, fully pay the interest which may have accrued on any such mortgage or lien at the time of such payment, suit for the recovery of the principal shall not be instituted for one year thereafter; but in default of such payment, the secretary of the land-office shall proceed, from and after said time, to cause suits to be instituted for the recovery of the same, under and agreeably to the provisions of the above-recited act of the 22d of March 1820: Provided, That if any mortgagor or judgment-debtor, having so paid up the interest due on such mortgage or lien, shall well and truly pay the interest which may have accrued on such mortgage or lien, on or before the 1st day of June, in each and every year thereafter, suits shall not be brought as aforesaid for the recovery of the amount of such mortgage or lien, and the interest which may be due thereon, for one year after failure to pay the interest on the same, unless it shall be otherwise directed by law. Ibid. § 3. on proprietary P. L. 63. payment of the thereon. 162. The secretary of the land-office, surveyor-general and board of property, shall have and exercise all the powers and authority, and perform all the duties for Same proceedings ascertaining the situations of lands held by warrant or other title granted by or to be had in cases under this commonwealth, and the owners or occupiers thereof, as is given to them of title under the and laid upon them by the act before mentioned of the 22d of March 1820, in commonwealth, as relation to locations and other office-titles, issued from or under the proprietary grants. government, and the act supplementary thereto, passed the 11th day of April 1825. 163. When a mortgage has been or shall be given and filed according to law in 10 March 1830 § 1. the office of the secretary of the land-office, or lien indorsed on the patent for any tract or tracts of land, as security for the discharge of the claim of the common- Portions of mortwealth thereupon, and where any tract or tracts so mortgaged, or where a lien has gaged property been or may be indorsed on such patent, have become or shall hereafter become may be released, on legally vested in different persons, any one or more of such persons, or their legal amount due representatives, holding a portion or portions in his, her or their own separate right, or the rights of those whom they represent, may apply to the secretary of the landoffice, who shall ascertain the proportion of the amount due on said part, and upon payment of the amount so ascertained, to indorse the same on the mortgage or lien, and upon the deed or conveyance for the land aforesaid, which shall discharge the lien of the commonwealth upon the land contained in the said deed: Provided, That the applicant aforesaid, his agent or attorney, shall make it appear to the satisfaction of the secretary of the land-office, by the certificate of the deputy-surveyor of the county, on the return of a survey made by him of such part of a tract, that the remaining part of the land held under a mortgage or lien to the commonwealth aforesaid, is sufficient to pay the remainder due on said mortgage or lien, and also shall produce a certificate of the commissioners of the proper county, of the assessed value of the said land: And provided further, That the exoneration of the part or parts aforesaid, shall in no manner affect the lien of the commonwealth upon the remaining part. 164. In all cases where the moneys due for the patenting of lands have been 12 March 1880 § 1. secured by mortgage to the commonwealth, and the whole or any part thereof is P. L. 77. unpaid, the secretary of the land-office shall deduct from the amount due the com- Seven years intermonwealth, the interest charged on the purchase-money of any lands, for the time est to be allowed which elapsed between the second day of December 1776 and the second day of to mortgagors. December 1783: Provided, That the lien of the commonwealth on said lands shall not be in any way affected by this act. P. L. 132. 165. It shall be the duty of the surveyor-general, on the settlement of any account 19 March 1858 § 1. for money due the commonwealth on lands which may have been surveyed on proprietary office-rights, or warrants issued by this commonwealth, or on actual settle- Rate of interest on ment and improvement, to charge the following rates of interest, namely: On all unpaid purchaselands where the original purchase-money is twenty pounds (fifty-three dollars and money. thirty-three and one-third cents) per hundred acres, one per cent per annum; on lands issued at the rate of fifteen pounds ten shillings (forty-one dollars and thirtythree and one-third cents), two per cent per annum; on lands issued at the rate of ten pounds (twenty-six dollars and sixty-six and two-thirds cents), and nine pounds (twenty-four dollars), three per cent per annum; on lands issued at the rate of five pounds sterling (twenty-two dollars and twenty-two and one-fourth cents), and that issued at the rate of twenty dollars, three and one-half per cent per annum; on land issued at the rate of five pounds (thirteen dollars and thirtythree and one-third cents), four per cent per annum; on lands issued at the rate of fifty shillings (six dollars and sixty-six and two-thirds cents), six per cent per an |