Pennsylvania Act 1837-59 — ALIENS TO PURCHASE AND HOLD REAL ESTATE - SUPPLEMENT

Act text

ALIENS TO PURCHASE AND HOLD REAL ESTATE - SUPPLEMENT
                  Act of Mar. 31, 1837, P.L. 121, No. 59              Cl. 68
        Section 1.  Purchases of lands not exceeding 5000 acres
     confirmed
        All purchases of lands, tenements and hereditaments, within
     this Commonwealth, not exceeding five thousand acres, heretofore
     made, by all and every foreigner and foreigners, alien or
     aliens, not being the subject or subjects of some sovereign
     state or power, which is, or shall have been at the time or
     times of such purchase or purchases, at war with the United
     States of America, and who are residents within the United
     States, are hereby confirmed, and it shall be lawful for all and
     every such foreigner and foreigners, alien or aliens, to have
     and to hold the same, to them, their heirs and assigns, forever
     as fully, to all intents and purposes, as any natural born
     citizen or citizens may or can do.  (1837, March 31, P.L. 121,
     Sec. 1.)
        Section 2.  Sales of lands by aliens confirmed;  titles
     derived by descent from alien ancestors confirmed
        In all cases where aliens have purchased real estate within
     this Commonwealth, and have sold the same, the said sales shall
     be valid, to all intents and purposes, and shall be construed to
     vest the title to the said real estate, as fully and effectually
     as if the said aliens had been citizens at the time of
     purchasing the same and in all cases where any alien residing in
     this Commonwealth, shall have purchased or held real estate
     therein, and shall have died without having been naturalized,
     the title thereof is hereby confirmed to his heirs, who, in case
     he had been a citizen would have inherited the same, and there
     shall be no escheat by reason of such alienage: Provided, That
     nothing herein contained shall in any wise affect or impair the
     vested rights of any other individual or individuals.  (1837,
     March 31, P.L. 121, Sec. 2.)
        Section 3.  It shall be lawful for said burgess and council
     their officers, engineers and agents to enter upon any lands
     necessary for the purpose of surveying and locating the route,
     for conducting said water to the proper point or points in said
     borough, and placing down the necessary pipes or conductors, and
     to thereafter repair, improve or enlarge the same, and to take
     and hold possession of so much land as shall be required for
     constructing reservoirs and keeping the same in repair.
        Section 4. When said burgess and council cannot agree with
     the owner or owners of such required land for the purchase
     thereof, or with persons claiming to have sustained damage by
     reason of any thing done under the authority of this act, or
     when, by reason of the legal incapacity of any such owner or
     owners or person damaged, no such purchase or agreement can be
     made, the court of Quarter Sessions of Erie county, shall, on
     the application of either party, take the same measures for
     ascertaining and enforcing payment of the value of such land or
     amount of damage done as is prescribed by the laws of the
     commonwealth in case of private roads: Provided, That no
     compensation for damage shall be allowed, unless the proper
     proceedings for ascertaining the amount there of be instituted
     within one year after the land shall have been taken or damage
     done, saving to orphans and insane persons, one year after their
     disability shall be removed, to institute their proceedings for
     the purpose aforesaid.
        Section 5.  That the county commissioners of the counties of
     Erie, Beaver, Venango and Warren, are hereby, respectively,
     constituted a board of appraisers, and are required,
     respectively, to appraise all the in-lots and out-lots in the
     towns of Erie, Waterford, Beaver, Franklin and Warren, on which
     any purchase money is due to the commonwealth, and make out a
     list of such lots as soon as conveniently may be, and return the
     same, properly certified under their hands and official seals,
     to the Secretary of the Land Office of Pennsylvania, on or
     before the first day of July next, placing opposite each in and
     out-lot the rate fixed to said lot, respectively, distinguishing
     in said list the in-lots from the out-lots.
        Section 6. All out-lots, valued by said commissioners at more
     than forty dollars per acre, shall be rated number one; all out-
     lots, valued at more than twenty and less than forty dollars per
     acre, shall be rated number two; all out-lots valued at more
     than ten and less than twenty dollars per acre, shall be rated
     number three; and all out-lots, valued at less than ten dollars,
     or at ten dollars per acre, shall be rated number four;
     Provided, That in making such valuation the value of buildings
     shall not be included.
        Section 7. All in-lots, valued by said commissioners at more
     than one hundred dollars per lot, shall be rated number one; all
     valued at less than one hundred and more than seventy dollars
     per lot, shall be rated number two; all valued at more than
     forty and less than seventy dollars per lot, shall be rated
     number three; and all valued at forty or less than forty dollars
     per lot, shall be rated number four; and in making said
     valuation the buildings erected thereon shall in like manner be
     excluded.
        Section 8. All such in-lots and out-lots, rated number one,
     shall pay the original purchase money and full interest; all
     rated number two, shall pay the original purchase money and four
     and an half per cent interest; all rated number three, shall pay
     the original purchase money and three per cent interest, and all
     rated number four, shall pay no interest and patents shall issue
     for said lots, on paying as aforesaid, with the patenting fees
     as now required by law for town lots.
        Section 9. Before making the appraisement and valuation, as
     aforesaid, the said commissioners, shall be severally sworn or
     affirmed "that they will justly and impartially appraise the
     property aforesaid, at its bona fide cash value, and make a true
     return thereof to the land office by the rates aforesaid," and a
     majority of each board of commissioners shall view the property
     so to be appraised, unless they are otherwise well acquainted
     with the value thereof.
        Section 10. On the requisition of the board of county
     commissioners of said respective counties, the Secretary of the
     Land Office is hereby required to furnish them with such lists
     of in and out-lots in said towns, as will enable the said
     commissioners to ascertain on which lots purchase money is due
     to the commonwealth, and as soon as the commissioners shall have
     made the appraisement as heretofore required in addition to the
     list directed to be furnished to the land office they shall file
     a similar list in the office of said county commissioners, for
     the inspection of such persons as shall desire to see and
     examine the same.
        Section 11. This law shall continue in force till the tenth
     day of April one thousand eight hundred and forty and no longer,
     and such laws of this commonwealth as are hereby altered or
     supplied, be, and the same are hereby repealed.
        Section 12. That the commissioners of Perry county are hereby
     authorized to settle and adjust the claims of William Lackey,
     Esq., late sheriff of that county, upon such principles as they
     may deem just and equitable, for keeping and maintaining
     insolvent debtors in the jail of said county, and issue their
     warrants or checks on the county treasurer for any balance found
     due him.