Pennsylvania Act 1826-85 — LAND OFFICE INSTITUTE SUITS FOR RECOVERY OF MONEYS FOR LAND

Act text

LAND OFFICE INSTITUTE SUITS FOR RECOVERY OF MONEYS FOR LAND
                  Act of Apr. 8, 1826, P.L. 260, No. 85               Cl. 68
                                  AN ACT

     Providing for the gradual collection of moneys due to the
        commonwealth for lands.

        Section 1.  Suits for recovery of money due on land
        From and after the first day of May, 1827, the Secretary of
     the Land Office (office abolished and duties imposed on Surveyor
     General, whose office was likewise abolished and powers
     conferred on Secretary of Internal affairs 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 March 22, 1820,
     (P.L. 99) and also for lands held by warrant or other title from
     or under this Commonwealth, ascertaining the sums due according
     to the provisions of the laws now existing, in all cases where a
     mortgage shall not have been executed therefor before that time
     agreeably to the provisions of the act of March 22, 1820, (P.L.
     99) aforesaid, or any other act authorizing the same: Provided,
     That any person or persons holding land as aforesaid, who shall
     between the passage of this act and the first day of May, 1827,
     patent the same and give a mortgage for the amount of the
     principal and interest due, according to the provisions of the
     act of March 22, 1820, (P.L. 99) 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 aforesaid, 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 first day of May,
     1827, and shall take a patent and execute a mortgage agreeably
     to the provisions of the act passed March 22, 1820, (P.L. 99)
     entitled "an act directing the recovery of the principal and
     interest due to 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 hereafter
     yearly pay the interest on such mortgage on the first day of
     june, in each and every year thereafter, and shall pay all costs
     that shall have accrued on such suit or suits, such person or
     persons shall not be liable to be further proceeded against by
     such suit 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 March 22, 1820,
     (P.L. 99) 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.  1826, April 8, P.L. 260, Sec. 1.
        Section 2.  When suit shall not be instituted
        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 become due and payable to the
     Commonwealth before the passing of this Act, or shall become so
     due and payable, or any part thereof, before the said first day
     of May, 1827, or at any time thereafter, if the mortgagor or
     judgment debtor shall on 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 March 22, 1820: P.L. 99) 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 first 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.  1826, April 8, P.L. 260, Sec. 2.
        Section 3.  Power to ascertain situation of land held by
     warrant
        The Secretary of the Land Office, and board of property,
     shall have and exercise all the powers and authority and perform
     all the duties for ascertaining the situation of lands held by
     warrant or other title granted by or under this Commonwealth,
     and the owners or occupiers thereof, as is given to them and
     laid upon them by the act, before mentioned, of March 22, 1820,
     P.L. 99) in relation to locations and other office titles issued
     from or under the Proprietary Government, and the act
     supplementary thereto, passed April 11, 1825. (P.L. 175.) 1826,
     April 8, P.L. 260, Sec. 3.