Pennsylvania Act 1782-953 (session 2) — LAND OFFICE - PUBLIC LANDS - BOARD OF PROPERTY

Act text

LAND OFFICE - PUBLIC LANDS - BOARD OF PROPERTY
                       Act of 1782, 2 Sm.L. No. 953                   Cl. 68
                                  AN ACT

     To vest certain powers in the President of this State, together
        with the other officers therein named, and for other purposes
        therein mentioned.
        Section 2.  Be it enacted by the Representatives of the
     Freemen of the commonwealth of Pennsylvania, in General Assembly
     met, and by the authority of the same, That the President or
     Vice-President, and a member of the Supreme Executive Council,
     appointed by Council for that purpose, together with the
     Secretary of the Land Office, the Receiver General, and the
     Surveyor General, for the time being, shall be a Board of
     Property, to hear and determine in all cases of controversy on
     caveats, in all matters of difficulty or irregularity, touching
     escheats, warrants on escheats, warrants to agree, rights of
     pre-emption, promises, imperfect titles, or otherwise, which
     heretofore have, or hereafter may arise, in transacting the
     business of the said Land Office.  And the Secretary of the Land
     Office is hereby empowered and directed to receive and enter
     caveats in his said office, copies whereof to be transmitted to
     and entered in the Surveyor General's office; and the said
     Secretary of the Land Office shall, with the approbation and
     consent of the President or Vice-President, appoint days of
     hearing, and shall grant citations, at the reasonable request of
     any party or person applying for the same, or otherwise, as the
     case may require; for which said services they, the said
     officers of the Land Office, shall take and receive such fees
     only as were customary at the former Board of Property.
        Section 3.  Provided always nevertheless, That no
     determination of this Board of Property shall be deemed, taken
     or construed to extend, in any measure whatever, to the
     preventing either of the parties from bringing their action at
     the common law, either for the recovery of possession, or
     determining damages for waste or trespass, but the courts of law
     shall remain open to the said parties, in as full and ample a
     manner as if no determination had ever been given.
        Section 5.  And whereas it was enacted by the ninth section
     of the law aforesaid, that all lands within this state,
     heretofore surveyed under any grant, warrant, location, or other
     office right, shall be returned into the Surveyor General's
     office (if not already returned) in the space of nine months
     after passing the said act, which time is already expired, and
     it is found that very few have called on the late deputy
     surveyors for their draughts, or to discharge the fees due on
     the same, and a literal observance of the said act would involve
     not only the late deputy surveyors, but the owners of lands, in
     manifest loss and inconvenience: Be it therefore enacted by the
     authority aforesaid, That it shall and may be lawful for the
     Surveyor General of this state to receive returns of such
     surveys, as shall appear to him to have been faithfully and
     regularly made, from the said late deputy surveyors, their heirs
     or legal representatives, for such further period as to him
     shall seem just and reasonable.  And that there shall no action,
     loss or damage accrue to any person or persons, by reason of
     neglect in complying with the aforesaid clause or section before
     the passing of this act.
        Compiler's Note:  The act referred to is the act of April 9,
            1781, 1 Sm.L. 529, No.929.