CHAPTER CI. An ACT for the purpose of adjusting the Titles to Lands in Bedford and Ulster Townships, in Luzerne and Lycoming Counties. SECT. I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General three com Assembly met, and it is hereby enacted by the authority of the same, That the Governor of this commonwealth be, and he is hereby The Govern authorized and required to appoint three commissioners, whose or to appoint duty it shall be to proceed to, and carefully examine and ascer- missioners. tain the quantity, quality and situation of all the lands (except- Duties of.. ing such as are hereinafter excepted) lying within the township of Bedford, Luzerne county, and the township of Ulster,, as originally surveyed, under the rules and regulations of the Connecticut Susquehanna Company, in Lycoming county, claimed under a Pennsylvania title, by a patent, or a location, or warrant, on which a survey has been executed and returned, agreeably to law; prior to the twenty-eighth day of March, one thousand seven hundred and eighty seven, and to resurvey, and divide the same, according to their value, into four classes, dis- Shall divide tinguished by the name of first, second, third and fourth class; four classes the first class to contain lands of the greatest value, and the according second, third and fourth classes of inferior value, preserving a to their com due proportion between each; and shall adjudge what sum per value. parative acre each Pennsylvania claimant shall receive, not exceeding Shall adthe rates hereinafter mentioned. the land into judge what sum shall be SECT. II. And be it further enacted by the authority aforesaid, paid to each That to such of the Pennsylvania claimants, having title to Pennsylva lands within the aforesaid townships, of either of the said clas- nia claimant. ses, who shall comply with the conditions of this act, such compensation shall be made as the commissioners shall award, not exceeding the rates hereinafter specified, in manner hereinafter directed; that is to say, to those whose lands shall be in the Land of the first class, a sum not exceeding five dollars per acre; to those first class to whose lands shall be in the second class, a sum not exceeding be five dolthree dollars per acre; to those whose lands shall be in the Second class third class, a sum not exceeding one dollar and fifty cents per $ 3. acre; and to those whose lands shall be in the fourth class, a Third class sum not exceeding twenty-five cents per acre; in all cases hav- $150. ing due regard to quality and situation. lars per acre. Fourth class 25 cents. to receive SECT. III. And be it further enacted by the authority aforesaid, That every Pennsylvania claimant, who shall accept of the com- Pennsylvapensation affixed by the commissioners, for lands certified to nia claimants settlers in pursuance of this act, shall be entitled to receive from certificates them certificates, stating the quantity, quality and prices of the of the value same; which certificates shall be presented to the secretary of of their the land-office, who shall certify the amount of the purchase Which shall money and interest, (if any) which may remain due to the com- be present lands. secretary the land office. secretary. department. Amount ed to the of monwealth on the lands therein described, to the accounting department, who shall deduct the same from the compensation affixed by the commissioners, and the balance thus settled and Duty of the adjusted by the said department shall be paid by the treasurer on warrants drawn by the auditor-general: Providing always, That Duty of the cases of dispute between Pennsylvania claimants shall be deaccounting cided by the board of property, previous to the secretary of the S land-office certifying as aforesaid; but nothing in this act shall found due be construed to prevent the party against whom a decision shall to be paid by be made, from prosecuting an appeal in the court of common pleas, in the county where the seat of government is or may Disputes be- be established, for the time being; and in case of an appeal tween Penn- from the decision of the board of property, the said claimants to shall not certify to the accounting department, nor the money be settled by be paid until a final decision upon such appeal; which appeal the board of shall be entered, and the said secretary notified thereof, within property, &c. Appeal ten days after a decision is made by the board of property. the treasur er. sylvania granted. Secretary until a final decision. * secretary SECT. IV. And be it further enacted by the authority aforesaid, That any Pennsylvania claimant, whose lands shall be included not to certi- within the said townships, and who shall refuse to accept the fy to the accounting compensation affixed by the commissioners, shall be at liberty, department after certificates shall have been issued to the settlers for his said lands, to institute a suit or suits against this commonwealth for a Pennsylva- recovery of the value of the same, in the courts of common pleas, nia claimants in the respective counties where they are situate; at which trial the court and jury shall have power to award a just compensation for the lands, certified as aforesaid: Provided, He shall, in the course of the said trial, make it appear to the court and jury to accept the that he is fully, fairly and exclusively entitled to such land under compensa- this commonwealth, except as against the person or persons by the com. claiming the same, by virtue of a certificate or patent, granted missioners. under the authority of this act; and upon such trial being de may insti tute suits in case they do not choose tion offered Proviso. due to be paid by the on an exhi the verdict termined in favour of the Pennsylvania claimant, the plaintiff in the said suit, he, she or they shall be entitled to receive the full sum awarded in his, her or their favour, on presenting a certifiaccounting cate of the verdict and judgment in such suit, with the costs department taxed in the usual manner, certified by one or more of the judges bition of a before whom the trial was had, and by the clerk of the court, certificate of to the accounting department, who shall deduct the purchase money and interest which may remain due and unpaid on the and judg land in question, which shall be ascertained by the secretary of the land-office, and certified by him to the accounting officers, and the balance shall be paid by the treasurer on a warrant drawn by the auditor general: Provided also, That in case said Pennsylvania claimant, should not recover a greater sum before said court and jury than the sum fixed on by the said commissioners, he shall pay all the costs of suit. ment. Proviso. 2 sioners to necticut them their into four classes as be SECT. V. And be it further enacted by the authority aforesaid, That it shall be the duty of the commissioners to examine and Commis ascertain the rights of lots-(excepting such as are hereinafter ex- ascertain the cepted) which were occupied and acquired by Connecticut claim- lots occupiants, actually settlers, with said townships, or some one of the ed by Conseventeen townships prior to the 28th of March 1787, and to claimants allot the same to them, their heirs or assigns, agreeably to &c, and to lines heretofore run and established among them, and to divide allot the the same into four classes, in like manner as is directed in the same to first section of this act; and they shall make out certificates heirs &c. therefor, with a draft of survey thereto annexed, and deliver And divide the same to the settlers, their heirs or assigns, who shall pay for the same the lands so allotted to them the same prices as those affixed by the commissioners as the compensation to Pennsylvania claim- fore directants; to wit, for the first class, a sum not exceeding five dollars ed. per acre; for the second class, a sum not exceeding three dol. And make lars per acre; for the third class, a sum not exceeding one dol- 'certificates lar and fifty cents per acre; for the fourth class, a sum not ex- of the same. ceeding twenty-five cents per acre; with interest from the date sums to be of said certificate, and payable in eight equal annual instalments, paid for said lands. the first of which shall be due in three years after the date of Interest to such certificate, and within the first two years said settler, his be paid from or her heirs or assigns, shall make application, with such certifi- the date of cate, at the land-office, and obtain a patent for his, her or their cate. land, paying the surveying and office fees: Provided, That not Payment to more than 400 acres shall be certified as aforesaid, in right of be made in eight equal any one settler, nor shall a greater quantity than 400 acres be instalments contained in any one patent. and deliver the certifi &c. The secre tary to issue SECT. VI. And be it further enacted by the authority aforesaid, That the secretary of the land-office shall issue a patent or patents for his, her or their respective lands, and on said patent patents &c. or patents certify the amount of the purchase money due for the land therein described, and the periods on which the same shall become due, which sum or sums, so certified, shall be and remain in the nature of a mortgage, until the money shall be paid; and such patent or patents shall be recorded in the coun- Patents to ty where the land lies, within six months after the date or dates thereof, or the same shall be of no force and validity whatever, months. and that such record, as aforesaid, in the proper county, shall be as good evidence of the purchase* money due to the commonwealth, and upon which to bring a suit for a recovery of the same, as if it had been secured by mortgage, in proper form, and recorded at large. SECT. VII. And be it further enacted by the authority aforesaid, That nothing in this act contained shall be construed or understood to authorize or empower the said commissioners to certify The word "money" interlined with a lead pencil in the original be recorded within 6 uch record to be evi dence &c. No certit. for lands on which a resides &c. Claimants to any person or persons any land within the aforesaid town. cate to issue ships, held or claimed under a Pennsylvania title, under a patent, location, warrant, or settlement, where the Pennsylvania Pennsylva. claimant is in the actual possession or occupancy of the land, nia claimant either by himself or tenant, at the time of passing this act. SECT VII. And be it further enacted by the authority aforesaid, not to hold That each and every person or persons claiming the provisions of this act, shall prove, to the satisfaction of the commissioners, that he, she or they do not hold under a joint title of Pennsylvania and Connecticut, but that he, or she or they hold exclusively under one or the other, and have not done any thing, directly or indirectly, to destroy or conceal such joint title, with a view of coming within the provisions of this act. under a joint title. Commis sioners to of office. SECT. IX. And be it urther enacted by the authority aforesaid, That each of the said commissioners, before he acts, shall take an oath or affirmation before some judge or justice of the peace, take an oath that he will diligently, faithfully and impartially discharge the duties assigned him by this act; and in case either of the commissioners should die, or refuse or become incapable to act, the Governor shall appoint a person to supply his place; and all acts by a majority of the said commissioners shall be as valid as if they had all joined therein. Governor may supply vacancies. Acts of a majority to be valid. Who shall SECT. X. And be it further enacted by the authority aforesaid, Shall keep That the commissioners shall keep a regular account of their proan account ceedings in a book, which shall, on or before the second Tuesday of their pro- in December next, be deposited by them in the land-office; and ceedings. May appoint they may appoint a clerk, who shall be sworn or affirmed by a clerk &c. them, faithfully and diligently to register all their proceedings in pursuance of this act, and they may appoint a surveyor or take an oath, surveyors, and employ chain-carriers and markers, for the purpose of making such surveys as they shall judge necessary; and the said surveyors, chain-carriers and markers shall be sworn, by one of the commissioners, faithfully and diligently to perform their respective duties, and shall receive a reasonable compensaCompensa. tion of to be tion for their services, to be fixed by the commissioners and fixed by the paid by the commonwealth; and all surveys made by the direc tion of the said commissioners, shall by them be returned to the office of the surveyor-general. commissioners. Surveys to be returned to the surveyor general's office. Disputes &c. SECT. XI. And be it further enacted by the authority aforesaid, That cases of dispute, between the settlers claiming under a settlement or Connecticut right, shall be decided by the said commissioners. SECT. XII. And be it further enacted by the authority foresaid, to be settled That there shall be allowed, and paid out of the public treaby the commissioners. sury, to each of the commissioners, three dollars per day, and to Commis- their clerk two dollars per day, for each day they may be respectively employed in performing the duty required by this sioners to receive $3 per day and Merk two act: ce 20 A SECT. XIII. And be it further enacted by the authority afore Commis. said, That the said commissioners shall perform and complete the sioners du duties enjoined upon them by this act, on or before the second ties to be Tuesday of December next, and they shall lay before the next performed before the 2d legislature of this commonwealth a full statement of their pro- Tuesday in ceedings, and of the expenses incurred by them, as wages to December themselves, clerks, surveyors, and chain carriers, and markers; next. and that a sum not exceeding two thousand dollars be, and is Accounts of hereby appropriated for the payment of such expenses, after the before the accounts of the said commissioners shall have been adjusted by next legislathe accountant officers.' JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED---the nineteenth day of March, one thousand eight to be laid ture. hundred and ten. SIMON SNYDER. CHAPTER CII. :0: An Act regulating Arbitrations. SECT. I. BE it enacted by the Senate and House of Representatives ferred. excepted, of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That, from and after the first day of May next, it shall and After the may be lawful for either party, his, her or their agent or attorney, first of May in all civil suits or actions, pending, or that may hereafter be next all suits brought in any court of this Commonwealth, having either may be reoriginal or appellate jurisdiction of such suits or actions, to enter at the prothonotary's office, at any time after the entry of such suits or actions, excepting appeals to the register's court, Appeals to the regisor issues directed by the said court, a rule of reference, where- ter's court in the said party shall state his, her or their determination to have arbitrators chosen on a day certain, to be mentioned there- &c. in, not exceeding thirty days thereafter, for the trial of all mat- Time of trial ters in variance in such suit or action between the parties; to be withwhich rule shall be entered on record by the prothonotary, and in 30 days the following proceedings shall be had thereon: that is to say, after entry The party, whether by his, her or their agent or attorney, or otherwise, entering the rule of reference, shall, under the penalty of ten dollars, to be recovered by the adverse party, as debts of equal amount are by law recoverable, procure from the prothonotary a copy thereof, under his hand and seal, Copy of the and serve, or cause to be served, the same, or a copy thereof, reference on the opposite party, his, her or their agent or attorney, to be served or if not to be found, leave a copy thereof at his, her or their by the party Past place of abode; giving at least ten days notice, in the city the same. entering Τ the rule. |