Pennsylvania Act 1816-12 — PATENTING OF LANDS

Act text

PATENTING OF LANDS
                   Act of Jan. 25, 1816, P.L. 9, No. 12               Cl. 68
                                  AN ACT

     Concerning the patenting of lands.
        Section 1.  Duty of Secretary of Land Office in regard to
     patents
        The Secretary of the Land Office of this Commonwealth be and
     he is hereby authorized 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 first
     day of May, 1817, and who are indebted to the Commonwealth for
     the purchase money of lands and interest due thereon, and on the
     payment of the usual fees of office the said Secretary of the
     Land Office shall issue 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
     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. 1816, Jan.
     25, P.L. 9, 6 sm.L. 309, Sec. 1.
        Section 2.  Patents and certificates to be recorded
        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.  1816, Jan.
     25, P.L. 9, sm.L. 309, Sec. 2.
        Section 3.  To whom patents may issue
        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.  1816, Jan. 25, P.L. 9, sm.L. 309, Sec. 3.
        Section 4.  Interest to be charged on principal and interest
     due
        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
     until the amount of the account shall have been discharged.
     1816, Jan. 25, P.L. 9, 6 sm.L. 309, Sec. 4.
        Section 5.  Recorder of deeds to enter satisfaction on record
        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 against any tract of land,
     shall enter satisfaction upon the record, and the lien against
     such land shall thereupon cease and determine.  1816, Jan. 25,
     P.L. 9, 6 sm.L. 309, Sec. 5.
        Section 6.  And be it further enacted by the authority
     aforesaid, That an act entitled "An act to encourage the
     patenting lands, and for other purposes," passed the fourth day
     of April, one thousand eight hundred and five, the first section
     of an act entitled "An act directing the mode of settling
     accounts in the land office, and to prevent frauds in obtaining
     warrants for land," passed the thirteenth day of April, one
     thousand eight hundred and seven, the third and fourth sections
     of the act entitled, "A further supplement to the act, entitled
     An act for offering compensation to the Pennsylvania claimants
     of certain lands within the seventeen townships in the county of
     Luzerne, and for other purposes therein mentioned,'" passed the
     twenty-third day of January, one thousand eight hundred and
     eleven, be, and the same are hereby repealed: Provided, That
     nothing herein contained shall be so construed as to interfere
     with or invalidate any proceeding which may have heretofore
     commenced or been completed under the acts, or either of them,
     hereby repealed.