102 1784. the Cellars Arc Frequently Overflowed, Have Sustained

102

1784. the cellars arc frequently overflowed, have sustained great loss of ~ effects, and detriment to their health, occasioned by putrid exhala- tions from the same in the most sickly seasons, and the conduit being proved not large enough to carry off the redundant water, the nuisance is aggravated as the city increases, and the streets are regu- lated: And whereas it is just ai~dreasonablethat the said inhabitants should be relieved: For remedy whereof, Stre~tcon,. SECT. vi. Be it enacted by the authority aforesaid, That the ~ said street commissioners be, and they are hereby, authorized and n1~gO empowered to enlarge the arch from Market, or Uigh-street, where it. may be requisite, to allow a free passage for the redundantwater, in such manner as shall remedy the evil aforesaid effectually. SECT. vii. Provided always, That the monies raised, br to be raised, for the purposes aforesaid, shall not exceed the sum of five thousand pounds. ?assed 20th March~1784.—Recorded in Law Book No. IL parc ~

CHAPTER MLXXXIII. An ACT for opening the Land-~fflce,for granting and disposing of the unappropriated lands within this state. SECT. i. WHEREAS the estates of the late Proprietaries of Pennsylvania were, by a law, passed the twenty-seventh day of No- vember, in the year one thous~indseven hundred and seventy- nine, vested in this commonwealth: And whereas, by a subsequent law passed the ninth day of April, one thousand seven hundred and eighty-one, the Land-Office was opened, for the completing all such titles as had commenced before the tenth day of December, one thousand seven hundred and seventy-six, and inasmuch as it is just that all the citizens of this state, holding lands, should be placed on the same footing, with respect to their titles, and the legal demands of government, and the timebeing now come wl~nit appears necessary, not only to increase the population of this state, but to enable government to draw every possible advantange from the estates so vested in them: SECT. II. Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the commonwealth of Pennsylva- nia, in General Asse,nblz,’ ,net, and by the authority of the same, That ~ the Land-Office shall be opened, for the lands aireacTy purchased ;e,~Bof from the Indians, on the first day of July iiext, at the rate of ten pounds for every hundred acres, with the usual fees of granting~ surveying and patenting, excepting such tracts as shall be surveyed westward of the Allegheny mountain, which shall be three pounds ten shillings, and no more; and that the several officers of the Land- Office are hereby fully empowered and directed to do and perform. every act and thing incident, or in any wise appertaining, to their said offices, with respect to receiving, filing and entering locations, granting warrants on the same, receiving the consideration, directing copies of warrants, or other rights, receiving returns, and issuing patents of confirmation, as heretofore, agreeable to the foriu~rcus~ toms and usages of the said offices. SECT. in. And b~it further enacted by the authority aforesaid, 1784f That every applicant for lands shall produce to the Secretary of the L~r..J Land-Office a pardcular description of the lands applied for, with a certificate from two Justices of the peace of the proper county, spe- duce~dn. cifying whether the said. lands be improved or not, and, if improved, C p how long since the said improvement was made, that interest may be charged accordingly. SECT. IV. And be it enacted by the authority aforesaid, That Grant to~,T~ the quantity of land granted to any one person shall not exceed four ~ hundred acres, and that all grantees under this act, as well as all 400 acrea. claimants of unpatented lands whatsoever, be, and they are hereby, confined to the same time with respect to patenting, as is limited and directed by the law of this state, entitled “An act for establishing a Land-Office, and for other purposes therein mentioned,” and the law, entitled” An act to vest certain powers in the President of this state, together withthe other officers therein named, and for other purposes therein mentioned.” SECT. v. And be it further enacted by the authority aforésad, o1drig~to. That all persons possessedof old rights, unsatisfied warrants,or other c~Iee grants from the late Proprietaries, be, and they are hereby confined, porch non. in locating the same, to the lands already purchased from the In- dians; and in order to prevent disputes, touching the same, it’is hereby enjoined on the commissioners appointed for making a further purchase, that they ascertain, in their negociations with the Indians, with the greatest possible precision, the line between the lands already purchased and those that shall be by them purchased. (z) [SECT. vi. And be it further enacted by the authority aforesaid, ~ That when the Indians shall be satisfied for the unpurchased lands, ~ within the limits of this state, the Supreme Executive Council shall trict sj~rver- give official information thereof to the Surveyor-General, who shall, ~ thereupon, appoint district, surveyors for laying out all such lands lan within the said purchase, as shall be found fit for the purpose of cultivation, into tracts of not more than five, nor less than two hundred, acres each, numbering the same on the general draught or plot of each district; and so soon as two hundred lots are surveyed, the said Surveyor-General, together with the Secretary and Receiver- General of the Land-Office, or their lawful deputies, by them respectively appointed, shall proceed to sell the same by public auctio~i, at such place or places, and at such times, and subject to such regulations, as the Supreme Executive Council may direct. And upon the payment of the full consideration bid at such sales, in the certificates herein after mentioned, specie, or money of this state, together with all fees, in specie,. of surveying and patenting, a,title shall be granted in the usual manner and form, for the land so sold. But in case the vendee should desire further time, for the payment of a moiety of the said consideration, two years shall be allowed him, on hls paying all fees, and giving bond for the remaining moiety due to the state, withlawful interest, in specie, or money of this state only, and upon this last payment his title shall be completed, before

Cs) This secton explained, psotea, by an act of the 21st Decembcr, 1784. (Notetoj’ornzer edition.) ic~

1784. which time the lands shall stand charged with, and be subject to ~ said payment. (a)] SECT. Vii. And whereas the citizens of this state, as well us the ‘late officers and soldiers of the same, have long laboured under manifold inconveniences, by reason of the many just debts due to them from the United states remaining unpaid, and inasmuch as it is the duty of the legislature of this state to seejustice done to them:’ certiscates SECT. viii. Be it therefore enacted by the authority aforesaid, receivable in That the Receiver-General of the Land-Office be authorized and required to receive in payment, for all lands sold and granted, in pursuance of this act, as well in the old purchase, as in that which is about to be made (the lands which are appropriated for the redemption of depreciation certificates, and the donation lands, only excepted,) all certificates of depreciation granted to the officers and soldiers of the late Pennsylvania line, the certificates for money loaned to the United States by citizens of this state, or granted in the name of or for the use of such citizens, and such certificates as have been or may hereafter be granted to the officers and soldiers of the late Pennsylvania line, and all other depreciation certificates granted to officers and soldiers of this state, and all certificates for comi~utationand for arrearages of pay, and the certificates of the commissaries, quarter-masters and forage-masters; also certificates for debts due to the citizens of this state from the United States, or from this state, when liquidated by the proper officers of the conti- nent, or of this state, respectively, with all the interest due on the same at the day of payment; ~ll such certificates which remain un- liquidated to be reduced to specie value, agreeablyto the continental scale of depreciation, by the commissioner of loans, or by some continental officer, or an officer to be for that purpose appointed, before they are offered in payment at the said Receiver-General’s office, in order that the United States may be charged withthe same; and that gold, silver, and the paper money of this state, shall be receivable at the said office from all applicants whatsoever, but that those ap~ plicants, who are not citizens of this state, shallhe restrained in their payments to specie and Pennsylvania money alone: Provided always, iixc~Uon. That no certificate be received from any person, who was notat the time of issuing such certificate a citizen of this state, and that no certificate be received that hath been alienated, transferred, or sold ‘by. any person, not a citizen of this state, to a citizen of this stated And the Receiver-General is hereby enjoined. and required, in all cases of doubt, to make strict enquiry touching the right of citizen- ship in the parties applying, either by the oath of the party (which he is hereby empowered to administer,) or otherwise, as to him shall seem meet. ~eceiv~r. SECT. IX. And be it further enacted by the authority aforesaid, nIa~count That the Receiver-General shall, at the time of settling his accounts in the Comptroller-General’s office, render and pay over all certift-

(a) The sale by auction, and the 21st of day Derember, 178~. (Y~tcW allowance of credit for the purchase j’ormcr edition.) were prohibitedby an act ofthe tates by him received, unto the Comptroller-General, and in hi~ac- 17S4s~ counts which he shallrender, for the aforesaid purpose, he shall dis- ‘ tinguish between the several payments he may receive in specie, in Pennsylvania money, and in the certificates aforesaid, with the in- certific~tu. terest due on each certificate at the time he may receive the same, which time of receiving, and the interest due, shall be indorsed on the back of each certificate respectively; and the said Comp~rol1er- General shall, and he is hereby authorized and directed to pass to, the credit of the cash account of the said Receiver-General, all such certificates so produced, as it shall appear have been receiv~dby him as aforesaid, together with the interest thereon, to the time he may have received the same. And the said Receiver-General shall, once in every month, pay and deliver over to the Treasurer of this etate all. such monies as shallbe received by him, by virtue ofthis act. SECT. X. Provided always, That the said surveyor or surveyors,.rr6vin~ so appointed, or to be appointed as aforesaid, shall have and receive, for their trouble and expense of surveying, paying chain- carriers, markers, returning the survey of each and every survey within the purchase to be made from the Indians, with a complete draught or plot of the same, three pounds ten shillings, to be paid by the purchaser in specie, by adding the said sum to the amount of sales of each and every tract. N Passed 1st April, 1784.—Recorded in Law Book No. II. page 31~. (b), PART I. (b) The importance of the follow- whose people first discovered it, Eu. ing note must be an apology for its gene the 4th, and Alexander the 6th, length. It is the editor’s desire to lay successively granted to Portugal and before the public a connected view of Spain all the countries possessed by in. the land titles of Pennsylvania from its fldels, which should be discovered by first settlement to the pres~nttime ; an the industry of their subjects, and nub~ attempt of equal difficulty and interest. dued by the force of thetr arms; and That it tvill be free from errors, is per- we are told, that no person, in the haps rather to be wished than expect- fifteeth century, doubted that the Pope, ed; as, from the lapse of time, some in the plenitude of his apostolic pov~er, material documents, once known to have had a right to confer it; and a~iChris. existed, can no longer be,traced. For- tian princes were deterred from intrud~ tunately, however, macb of what may ing into the countries those nations bad be now considered as depending upon discovered, or from interrupting the tradition, is more the subject of curi- progress of their navigation an4 conk osity thai, of jeal utility. The public quests. But William Penn, although records furnish, ample materials ‘of all clothed with pawers as full and compre- that is of moment at the present time. hensive as those possessed by the ad- The royal charter fiom Cliarle~the venturers from Poztugal and Spain, was Second to Williani Penn, bears date at influended by a purer morality, aid Westminster, March, 4th, 1681, in the sounder policy. His religious princi- thirty third year of the reign of that ples did not permit him to wrest the king. The extent and limits of the ter- soil of Pennsylvania by force from the ritory of Penns Ivania may be seen in people to whom God and nature gate the charter itself,3 in the Appendix to it, nor to establish his title in blood this work; and in the course of the but under the shade of the lofty trec3. note, its present boundaries, as settled of the forest, ~is right was fixed by with the adjoining states, or enlarged treaties with the natives, and sanctified, by purchase, will distinctly appear. as it were, by incense smokii~gfrom. It were needless, at this time of day, the calumet of peace. to question the validity of royal char- The settlement of the S~vedesand • ters, A pripciple had obtained among Dutch on thu lands neai~the river Dc’ t4ie European nations, that a new clis. laware, and their subsequent ‘subjec- ‘covered country belonged to th~nation tion to the English government, previ’ STOL, IX. 0 LOG I

1784. Qua to the royal grant to lVihhiaifl Penn, and one shiling, quit rent. These ~__ ,~j are the subjects ofgeneral history. The grants or sales have been since deno- T Indian deed for the puFchase made by minated oW rig/its, and had peculiar pri- the Dutch, of the 150db between Born. vileges annexed to them, which will be bar hook and Cape Henlopen, is now immediately detailed. They had no thi~property, and in possession, of the location, but were to be surveyed any state of Delaware. The purchases made s,here in the province. There were by William Pen,,, and his successors, three lists of original purchasers ; but are of no small importance in the con- only the two first were filed in the sideration of the land.history of Penn. Land-Office ; and tile authenticity of sylvania. the third list, by reason of its Oct having It was a principle adopted iii all new been filed with tile public records, was settlements, that the laws of the me. questioned before the revolution, by ther country, at least so far as they are the proprietary officers. not inconsistent with the situation and In the conditions and concessions, circumstances of the infant colony, agreed upon between the proprietor ft should have a binding force until alter- firstpurchasers, (which may be seen ed by the authority of the new govern. in the appendi*,) it was stipulated, ment. But that binding force arises U that as soon as they should arrive, a only from the necessity which supposes certain quantity of land, or ground p1st that they receive those laws under should be laid out for a la?ge town, or which they lived before their settle- city, in the most convenient place upon ments, into their new plantations, and the river for health and navigation, and agree to be governed by them for want tb~tevery purchaser should have, by of another law. But in the instance of lot, so much land therein, as should the grant of Pennsylvania, it was in- answer to the proportion which he had corporated in the charter “That the bought, or taken up upon rent—That laws for regulating and governing pro. the proportion of lands that shall b~ perty within the said province, as well laid out in the first great town or city, for the descent and enjoyment of lands, should be after tile proportion of Len as likewise for the enjoyment and sac. acres for every five hundred acres pur- cession of goods and chattels, &e. shall chased, ~ft/ie place will allow it.” be and continue the same, as they shall Accordingly, when the first colony be for the time being, by the general sailed from England, in October, 1681, course of the law of England, until tile certain commissiOners were appointed to said laws shall be altered by the said executa the conditions on the part of William Penn, his heirs or assigns, and William Penn; that is, to isv out the by the freemen ofthe saidprovince, their great town, and to proceed to survey delegates, or deputies, or the greater the country lands. This commission re- part of them.” It is clear, therefore, mains in the office. that from the date of the charter, until It is known that difficulties existed acts of assembly were made to alter with respect to the construction of the same, lands within the province de- these concessions and conditioits ; antI scended according to the course of the the place of tile great town was not COifli000 law. Such is still the rule, as fixed by these commiss~oners. No will be seen in the course of this work, place could be found which would bear in cases omitted by the intestate laws a town of’ six or seven thousand acres, of Pennsylvania. See 4 Dallas, 64— the proportion to the lands already pur- 2 Binney, 279. William Penn, being possessed of the chased, if such had been the construc- absolute Proprietaryship of all the lands tion of th~concessions and conditions in the province, so far as the charter, and if the idea of a city of such extent independent of his Indian purchases, had not been absurd and impracticable. Tradition tells us, therefore, that the could vest such right, and the conse- commissioners did nothing bitt explore quent right, (defined in the 17th section the country tilt William Penn’s arrival. of the charter,) to parcel them out What knowledge they had gained of it among purchasers, to be holden of him. self and his heirs, “by such services, they laid before him; andafter (icliberu- customs and rents, as to him or them tion, and, it must now be presumed, should seem fit, and not immediately of upon consultation with the settlers, lie the crown,” sold large tracts of hand to laid out a town of about two square persons who were cahledflr~tpurcliaserr. miles, or twelve hundied and eighty These sales, it is believed, amouiitcd. to acres, nearly as the city of Philadel- considerably more than three hundred plus now stands. The whole constrflc- thousand acrus,The price for which tion of the great town was therefore these lands were sold, was forty shil- altered, The city was divided intp lings sterling for on~ hundred acres, lots of different sizes, and a large tract adjoining it, was surveyed, and called the Liberties : and out of’ the thy and the thy Libeitie~,part ‘?f your iwenty 1784’, Liberties the first purchasers were to thousand acres in the Count;y, l~’c.” have their two per cent. When the city plan was made out, Not a single memorial can bei found two large lots were laid down for two ofthis plan, nor any reco~dof the al- purchasers of twenty tluiusnnd acres teration, or any written evidence of others to suit the purchasers of ten the consent of the inhabitants to the thousand, five thousand, one thousand, new arraiigcment ; but a regular series five hundred and lees, and numbered of uniform facts, upon the books of the on the draft, aiid some mode wss de- Land.Oflice, establish, it beyond a doubt. vised for drawing the names of the pur- The liver Schuylklll divided tile Li- chasers, with the number, of the barties into two paiLs the lots beyond size belonging to each.—Thus William the SchuylkiIh were of a less value Penn, jour drew No. 1, and the Society than those on the town side ; ~nd it is of Fiec Tradeis drew No 5. remaikable, that the Liberty lands, There were but three purchasers of without a single exception, laid out on twenty thousand acres, viz. The the town side of the Schaylkill, were Society of Free Tradeis, William Peon, in proportion of eight acres to five juor and Letitia Penn. The lots of hundred acres, and the warrants are the two latter were disputed, and after uniformly for 492 as of country land, several trials by Jury, it is said they and eight acres in the Northern Liber- have obtained but 244 feet in breadth ties, and iii the same proporuoa for from Delaware fiont strcet to Schuyl. larger pui~chasers; and those whose kilh. The lots of the purchasers often liberty land lay beyond Schuyhldhl, in thousand acres, bore no manner of pro. the western Liberties had their war- portion to the foregoing—They had six rants for 490 acres of countr) land, and lots of 102 feet in breadth from second 10 acres of hibezty laud. It is there- to third, and from third to fourth fore presumed by those, whose age and street, on each front, that is Delaware information give weight to the fact, fi’ont, second and third streets, and that one fifth part taken from the hold. Schuyhkill front, second and third ers in the Northern Liberties made up streets, not amounting to more than six the city plot, and the superiority in acies—I’~icholas Moore and John value made up for the deficiency in Marsh, two ofthese great puichasers, quantity, and time has amply realized drew on Delaware front, No. 6 and r. their foresight. Purchasers of live thousand acres The city of Philadelphia was laid ovt, hod two lots, one on front street 102 according to Proud’s assertion in the feet in breadth, extending from front end of the year 1682. But the most to second street, and one on high prevalent opinion is, that the plan was street, 132 feet in breadth, and extend- not completed until the month of June, ing half the depth, noi’thw:trd towards 1683. As the ground chosen for the Mulberry street, or southward towards scite of the city was claimed by some Chesnut street, or about 300 feet, being Swedes, the proprietor gave them in less than two acres. exchange for it, a larger quantity of l’urchasers of 1000 acres had two land at a small distance from it. lots, one of twenty, or twenty-one feet William Penn, in a letter to the in breadth on front street, extending to society of free traders, dated August second street, and the other on high 16th, 1683, writes thus (see his select street, believed to be 32 feet, by half works:) “Philadelphia, the expectation the depth to the next street. of tho~~that are concerned in this Purchaseis of 500 acres had lots •dn province, is at last laid out to the con- the back streets, as all the streets were tent, &c.—.j say little ofthe town itself,. called, except front, or hugh streets, because a pint from it will be shewn 49 1.2 feet in breadth, by half the depth ~ou by my agent, in which those who to the ncstt street, or thereabouts.— are purchasers of me will find their This is a general outline, as far as it names and interests, &c. can now be ascertained, of the regula- “For yotir particular concern, I tions of the city lots. Holmes’ printed might entirely refer you to the letters map, in a very multilated state, from ofthe president of the society ; but tins long use, is yet remaining in the Sur- I will venture to say, your provincial veyor-General’s office, but there is also settlement, both within and without there a correct copy on parchment. • the town, for situation and soil, are The names of the first purchasers, an- without exception :—Your city lot is a nexed to the map, which is the original • whole street, and one side of a street used, and referred to by the commis- from river to i’iver, containing near sioners of property, must soon disap- one hundred acres, not easily valued pear, if not copied. The editor hiss ~hicIiis bell/cs tour/our liundicti (icier in taken a correct copy, which may be 108

1784. given in the appendix, if it shall be being too s~aallto insert their names, s~ deemed necessars’ or useful. In thus that by the number, the lots may be ~ place it is necessary to refer only to the known.” It is to be assumed as aprin- following parts of, tile printed list, viz. ciphe, of which the evidence is tbon. “The purchasers from one thousand dant andconclusive, That liberty lands acres and upwards, are placed In the were always considered as part of the fronts and high streets, and begin on quantity purchased, and were taken Delaware front, at the south end, with out of it when the warrant issued for No. 1, and so proceed with tIle front to the country land; but the cit~lots were the north end, to No 43.” considered as appurtenant to the PLir- Then follows the list of names who chase, but no part t~f it; and in the drew the 43 lots or numbets lessee of Hill, v. \Vest, and lessee of “Thehigh street lots begin at No 44, Moore v West, in the supreme cuUi’t, and so proceed on both sides of the December term, 1~04, it was hi;~ld, high street, upwards to the centre that the right to city lots was so con- sq~lare.” nected with the first purchases, that Then follow the names of the per- by a general deed, made in 1~04, by sons who drew the lots, amounting to first purchiis~rsof 5000 acres, WiLh the 39 lots, appurtenances, city lots, incident thereto, “Here follow the purchasers under though previously surveyed, ~vihlpass one thousand acres, and placed in the together with the liberty-lands, unless back streets of the front of Delaware, a contrary intention canbe she,tvn. MSS. ~nd begin with No. 5, on the southevn Reports. aide, and proceed by numbers, as inthie That thiswas the course ofthe Land- draft.” Office, is. evident, from innuintrable Then follow the names of tha per- records ; but it is ascertained riuls’ from sons who drew the lots, the number of such evidence, and from tradihon; as lots, 192. it has been already stated, that no trace “Here follow the lots of Schuyikill can now be fonnil, of any written docu- front to the centre of the city, the pur. ments, to shit,~when, and in what man- chasers from one thousand acres and net’, these irimportant transactiomla were upwards, are placed in the fronts and settled between the proprietor and the high streets, and begin on Schuylkill purchasers. front at the south end with No 1, and In the minutes of the commissioners so proceed with the front to No. 43.” of propert~y,Book H. page 22. upon ap- Here follow the names of the persons plication to them for a city lot, the fol- who drew the 43 lots,and it is to be re- lowing entry is to be found The con- marked, that the first seven names on eelsions only relate to the liberty-lands, both lists are the same, viz. William and the first piirebaserti had no rght Penn, junr. No. 1. William Lowiher, to city lots, fruni the first locatinti there- ~o. 2 Lawrence Growdon, No .3 of, bitt only from the proprietor’s grant, Philip Ford, No. 4. The society No. 5. after 1ii~arrival here. t’~ieholasMoore, No. ~ John Marsh, Upon the second coming of \Vil- No, 7. And it is presumed there were ham Penn, after governor Fletcher’s the large lots, appropriated to the pur- time, viz, in the year 1701. ‘The as- chasers of twenty and ten thousand sembly, in an address to the preprietol., aci’ea. claimed certain privileges in the city, “The high street lots begin at No. 44, which they alleged, had been violat. and so proceed on both sides of that ed The seventh and eighth articles ~treet to the centre square.” are as follow, Then follow the names to the lots, in “8th. That whereas the proprietary pumber 43, bitt some are blank, and formerly gave the purchasers an expec- have no names annexed, tation of a certain tract of land, wIde!, “Here follow the purchasers under is since laid out, about two miles long, ~.000 acres, placed in the back of the nun one mile broad, whiem’enn to l,uild front on Schtlylkihl, and begin on the the town of Philadelphia, anti that. the sontiserii side with No. 1, and so pro- same should be afree g~/t,.wliichi since ceed bythe numbers as in tile draught,i~ Themi follow the names annexed to hasbeen clogged witht di~er~rents, mmd the lots, the lots being 149 in number, reservations, contmary to the first de- but several ate blank, without names sign and grant, anti to the great dissa- annexed, antI several names in mattu- tisfaction of the inhabitants, We dc. $cript, where the piinted hint has been sire the governor to take it into consi- worn, Tbe whole is t3sus headed, deration, amid make them easy therein” ~~Directjofl5 of refejence in the city c~9th. That the land lying back of draught of Phiiladehp1,i~,, to the lots of that part of’ the town already built, re. the ptwchmasers, &c by way ofnumbers, main for common, amid that no leases be granted for the futtu’e to make inc~o- 109 sures tothe damage of the public, on- every 100,000 acres, time governor and 1 ?84. tU such time as the respective owners pmopl’ietary by lot m’eserveth ten to him. shallbe ready to buildom’ improve there- self, ‘which shall lie but in one place,” on” Votes of assembly, vol. 1, part 1, ‘was confined to the cases of the first page 145. purchasers. Cited, lb. 486. The proprietor, in his answer, ten This subjectlies become more matter days afterwards, says “ you are under of curiosity than utility. Yet it is ne- a mistake in fact; I have tied you to cessary to observe, that under the corn- nothing in the allotment of the city, inonwealthi, time state paid great regard which the first purchasers, the~zprerenc, to those ancient claims of original par. did miot readily seem to comply with, chasers to city lots ; amid provided a each I am sorm’y to find their names to mode to ascertain those claims, amid to such an address as that presented to gm’amit patentsfur the lots, or an indem- you, who have got double lots by my imification fom’ them, in case they had re-applotment of time city, from fifty to been sold or appropriated; but limited. one ~Itundred and two feet front lots the time in which such claims should be and if they are willing to refund the made, wlmich is now expired,’ and the fifty-two feet, I shall as you desire, be remaininglots appropriatedby the state, easy in time quit rents ; mmlthiough thms for which see vol. 1, (chap. 931,) page matte,’ solely refers to tlzefirstpurclmasers, 533, and the note thereto subjoined.— anti to me as pmoprietary.” Before we proceed to consider the “You are under a misapprehension, mode of granting and settling lands in tothink, that a fourth part of the land Pennsylvania, it will be useful to ascer. laid out for a city, belongs to ~ny body tam the Indian purchases, and to give but myself, it being reserved for such a compmehensive and connected view of as nero not first purchasers, who might the deed,, and boundaries, as fitr as want to build in future time ; and when they cami he ascertained. The Dutch I reflect on the great abuse done me in and Swedes, as lies been alm’eady ob- say absence, by destroying of mytimber served, were peaceably settled on the and wood, and how the land, is overrun Delaware, and after their subjection by with brush, to time injury amid discredit time English, were immider the govern. of tile town, it is small encouragement ment of New-York, sad had acquired to grant your request; lumwevei’, I am mighmts tinder timat govermrnent. Anti content that some land be laid out fur several instamices occur in the minute the accommodation of the town, till books, iii which thin commissioners inhabitants pm’esent to settle it, under of property comifirmcd by patent lands regulations that shah be thought most demived from gm’ants and promises from conducing to time end desired; about Sir Ethnund ,dndross, tile governor of ‘which I shall consult with those per- New.York. sons chiefly concernedtherein.Ibid.148. One of the first netsof William Penn Time assembly in their reply, tell the was to natomalize all the settlems who5 proprietor,that they had tenderly weigh. had seated themselves previous to, anti ed and debated. thosewoheads, and vo- lied m’cmainedafterhis arrival, and it iip~ ted that they be still insisted upon; anti pears to have been his earnest desire to fumther application to be made to the extiimguish every kind of title, am’ claim proprietary, humbly requesting’ him to to time lands necessary for the accom- ease the party concerned themein, ibid. niodation of his colony, and to live on 153. But nothing fui~therappears re- tem’n’ms of friendship with the Indian na. spectimmg this controversy. tives. ‘ilmat the original concessions and con- Thin early Indian deeds are vague, dition,, nlade in England, related mere- anti undefined as to theim’ boundaries, ly to tIle-first purchasere, is evident from and the stations cannotbe precisely as- a variety of eimtries in th& books of the certained at this day; but these- cimcum. commissioners of property, comrgbated stances have long ceased to be of’ any by general opinion, and uniform con- importance; and the deed of Septem- struction. See book G, page 73. “1. F. hem’ 17th, 1718, seems to define pretty being none of the first 100 purchasers, clearly, the extemmt and limits of time had no right to liberty lands, accomdimmg lands acquired by the severalpurchases, to the concessions,” so in Book B, page to that period. We shall begin with the deed of Ju- - The point has however undergone ly 15th, 1682, procured at a treaty held judicial mnv~stigatiunand decision, that with the Indians, by William Markham, time comiceasmons are confined to thin first time deputy governor, a slmort time pre- purchasers, 2 Binmmey, 476, and in tIme vious to the first arrival of Wilhiant case of Springetsburv Manor, in York Penn, fm’cmm .ldqualmon, Iannottø’a’e, Id- county ; judge Washington decided that quaqucywen, Sahappè, for himself anti the math sectmon, which runs thus, “Ia Ohoniclion, Merkekowon, Q.t’eekton, for 110

1784. .Wanzmasnsey, Shaurwaciglzon, .S’wanpisse, be considerable, and greatly beyond ~ .Z’Tahooeey, Tomackhickon. Weskekitt amid the limits of the subsequent deed of Talawsis, Indian Shackaniakers, for the September, 1718. Neither of’ these following lands, for themselves amid deeds is recorded. thieil’ people. “Beginning at a certain June 25th, 1683. An Indian called White Oak, in the land now in the te- TVingebone, conveys in time following nure of John Wood, and by him called terms, viz. “ For me, any heirs and the Gray-stones, over against time full assigns, do freely grant and dispose of of Delaware river, and so from thence all say lands lying on time ~vcst side of up the said, river side to a corner mark- the Schiuylkill river, beginning from time ed Spruce.tree, ‘with the letter P, first fails of the same all aiming upon the standing by the Indian path that leads said river, nimd backward of the same; to an Indian town called Playwisky, and so far as my right g(methm, to Williai~ near the head ~.mfa creek called Towis- Penn, &c. for so much wampum and simian, anti fm’om thence westwamd to- other things, ‘as he shall pleaseto give the creek called Neshamrnonys creek, us, &c. and along by the said Neshammonys July 14th, 1683 Secane and lcquo. creek, unto the mivem’ Delaware, alias, qushan, Immdiami Shackamakeis and imgimt ~Makem’isk.kittomi; and so bt,uuded’ by owmiers of the lands 13’imig between Ma- the said river to the said first mention. naiunk, alias Schuylkill, and Mucupa- ed White-Oak, in John Wood’s land, nackhan, alias Chmester river, grant and and all those islands called or known by sell all their right and title in time said the several names ofMatiniounsk isle md, ‘lands, lying between the said rivers, Sapassineks island, and Oneskuns island, beginning on the west side of Manai- lying or being in the said river Dela- unk, £ ] called Consoiinckan, [here ‘ware, &c. an obliteration,] amid from themire by a By an indorsement on this deed, dat. westerly line to the said m’iver Macepa- ed August 1st, 1682, sundry Indian nackhan. chiefs, not present at the execution of Anti, on the same day, ZTenemhicka,z, the deed in July, and who style them. Malebore alias Pendanouglmbalm, ifesl,a— selves the right owners of the lend ,mocke, [anti Oserereon, but mint signed by called S~passineks, and the island of him,] Shackamakei’s and right ownem’s same namne, ratify and approve it; sign- of all tim hands lying between Mimnai- ed, fdquoqucywon, Swanpisse, ,Filerap- unit, alias Schuylkihi, and Penimapecka pomond, ,Essexarnarthakc, Hanneshessh- creeks, grant all their right, title amid am, Pyserhay. (Note. In a duplicate of interest in their lands betwixt Manal- this deed, the river Delaware is called mink and Pcnmmapeckha, so fat’ as the Makci’iskkiskon.) These deeds are hill called Commsuhmockan on the said ri- slot reco,ded, Timis purchase was of ver Msmmaiunk, and from thence by a inconsiderable extent, northwest line to the river of Pemmspac- The deed of June 23d, 1683, is in lea None of these deeds mmm~e rc~ordcd, these words, “ We ,Esscpetmail’e, Swan- What was time tmue situatiomm of tIm ,/iees, Okettarickon, amid Wessapoak, for Conshohoekami hill, canmmiot h)em’haps, be us, our heirs anti assigns, do dis- now a~cert~ined.That it could not be pose of all qur lands lying betwixt very high up time Schuylkill is apparent; Pemtmmapecka and Neshemineh creeks, otherwise a ,mo,’thwest line from it, as end all along upon Neshemineh cr~ek, niemitioned in the deed last recited, and hackwam’d of the same, and to run would never strike Peniicpnck cm’eek; two days journey with an horse up into nor would thin line mentioned in time tue country, as the said river doth go, deed of July, 1685, hereafter cited, to WTilliam Penn, proprietor and go- touch the Chestersuch Pemmnepaek creeks, vermiom’ of the pm’ovince of Pennsylvania, Though time miame ~s now host, it is &c. his heirs and assigns forever, for most pm’obable that it referred to some the considem’atioim of so much wampum, of the higlihands between Wisseimickomi and so many guns, shoes, stockings, and Norristown. looking-glasses, blankets, and other September 10th,, 1683, Grant front goods, a~lie the said William Penn, E’eketappan of Opasiskunk, fat’ his half’ of hmath pleased to give unto nms, hereby alL his land betwixt Susqtmehanna and for us, our heirs amid assigns, renounc- Delaware, which lieth on the Susqime— sag all claims or demands of any timing hamina side, with a promise to sell at in oi’ flit’ the premises for tIme future, the next spm’ing,on his retum’n from hunt- from him, his Imeirs or assigns.~~ ing, his right to time other half of’ said By another deed, of the same date, hands. (This deed is’not m’ecnrdcd.) Tarnenen and .ltfctamequan, release to October 18dm, 1683. Machaloha, cal- ‘William Pemin, time seine territory, ling himself owner of time lauchi from omitting the two daysjournsy. Delaware river to Chmesapeek bay, and .Thme extemit of this purchas~ would up to the falit of the Susquchanna, 111 conveys lug right to William Penn, to eluded in, anti confirmed by time deed 1784. said lands, to enjoy them, live upon and of August, 1737. It is certain no such quietly. (This deed is signed originaL deed was iii existence at time in the presence of many Indians, whose treaty of Easton, imi 1757. It will be fur. names are partly eaten oft’ by mice, as ther noticed in time proper piece. is also a small pamt of the deed, where June 15dm, 1692~ King Taminent, the blank is,—It is not recorded.) king Tangents, kimmg Swanipes, amid king June 3d, 1684. Deed from Macmg- Hickoqueoim~by deed, acknowledge sa- lmaugsin, for all his land upon Pa/ikehommi, tisfaction for all that tract of land be. (‘Perkeomine, now Perkioniing. This longimig to Taminent and others, “which dccci is not recorded.) they parted with umiso ‘William Penn, Jcmiie 7th, 1684. Richard Metc’ami- &c. thin said tract lying between Nes’he- cone, calling himself owmmer of time land amine and Poquesshmmg, upon time river on both sdcs of Pemmapecka ci’eek, Delaware, amid extending backwards to on time river Delaware, releases to Wil- the utmost boummds of thin province.” liam Penn.—Not recorded. This deed is not recorded. July 30th 1685. Deed from S/makhop. These limits omm thin Delaware, are poim, Secare’, Mali/sore, Tangomas, Indian pm’ecisely defined. TIme Poqimessing, a tlmeckamakei’s, amid right uwnems of thee name still m’etaiued, (a~is Neshamummey,) lands lying betweemi Macopaciac~an, is the original boundary between thin alias Upland, now called Chester creek, counties at’ Philadelphmia amid Bucks, as acid, the river or creek called Pemma- ascertaiimed in April, 1685: And tra- pecks, now called Dublin creek, (Pen- dition informs us, that near time lower nypack,) for all time hand, beginmiing at side of time Poquessing, on tii~ Dela- time hilt called Conshohoekiii on the ri- ware, on an elevated piece of ground, vet’ £~iacmaiunk, alias Schuylkill, from the city of Phuladeiphia was first intemmd- thence extending a parallel limme to thu ed to be built. said Macopammackan, by a south-wester- January l3tim, 1796. Thomas Don. ly course, amid from the said Cc,nshio- gan, afterwards earl of’ Limerick, in hockin hill to the aforesaid Pemmapec- the kingdom of unhand, late governor ka, by the said parallel hue northeaster- of New York-, by deed, conveys to Wii’. ly, and so tip along time said Pemmapec- ham Penn, all that tract of land lying kim creek, mis far as time creek extends, on both sides of time river Susquehammna. arid so fiom thmemice northwesterly,back ~nd thin lakes qdjacent, in oi near the iimto the woods, to make up two full province of Pemmnsylvania, ii, considers. days jourmmey, as far as a man can go tion of one hundm’ed pounds sterling,—. in two clays from the said statiort of the Beginning at time mountains, or lined of parallel line, at Pemmapecka; as also time said rivem’, and running as far as, begimmning at time said parallel at Maca- amid imito thin bay of Ohesapeak, which panackan, and so from thence up said thie”said Thomas latehy purchased of, or cm’eek as far as it extemmds, anti from had givemm him by thin Susqimelimimnia In— thence noithmweaterly back iimto time diamms, with warranty from the Sasqeme- woods to make imp two full days journey hammna Imidians. as far as a maim can go in two days from The Indian deed to Col. Dongan is time said station of time said parallel him not known nouv to exist, nor is theme any at time said Macopanackan. (This deed trace of it in the public offices. It is is not recorde(l.) known, however, that he was the agent October 2d, 1685. Deed fm’om Pam’e, of William Penn to make the purchase. Packenahi, Taceekha,m, Sic/mali’, Pitquassit, This deed was confirmed in 1700.— Towis, Eisepcccaick, Peskoy, Kemlelappacc, Yet we find the Conestogoe Indians Eomus, dilaclmalohma, .M’eshecongcm, Wirsa- complaining of it, at time treaty with poisey, Imudi:mn kings, shicmckamakers, right Sit’ William Keitlm, in 1722, amid ahieg- owners of all time lands from ~ming hug that Willm~mPenn, forty years be. Qpimcgns, called,Duck ci’eek, unto Up. fame, got some person at New-Yom’k, to laud, called Chester creek, all along by purchase the lands on Suisquehannafrom the west side of Delatvam’e river, mind time Five Nations who pretended a right so between the said creeks, backwards to them, having conquem’ed time people, as far as a maim could ride in two days formerly settled theme; acid when the with a horse, which they convey to Conestogoes understood it, they were Wmihiam Penn. Recorded at Phmihadel- sorry; and that Wiihi~mPenmm took tii~ pimia, in hook F. vol. 8, page 121. parchment, and laid it upon the gm’ouud, In timis place should f’ohlnw a deed al- saying to them, it should be commimon leged to have existed, dated August amongst them, viz. The English amid 20th, 1686, for thin walking purchase, time Indians, &c. The governoi’ answer- and ~vhechioecasicmned much contm’over- ed, “ I am very glad to find that yote sy, amid dissatisfaction among the In- remember so perfectly the wise amid ,diahs; it is, however, referred to, in- kind expressions of the, great amid good 112 /

1784. William Penn towards you; and I know vernor of New York, tvlzo~edead of sate ~., that the purchase which liemade of time to said governor Penn ‘we /10w seen. lands on both sides of Susquehianna, is Recorded in Book F. vol. 8, page .~42 exactly true as you tell it, onhy I have Time above is time deed referred to by heard furticem’, that when lie was so good Sir William Keith, at the treaty with to tell your people, that mmotwithstand- thie Conestogoes, in 1722. It isremarka- ing that purchase, the lands should still bin, that the Indian deed to Cal. Don- be in common between his people and game was limit produced, and it seemed to them, you answered, that a very little have beemi conceded, that his ptmrchase land ~ould serve you, and thereupon wasfroun th~Five Nations,who pretend- you fully confirmed his right, by your ed right to the lands by comuquest; and. own consent and good will, ~ time wou’ds in italics appear to have been The curiocus immquirer ‘~vhmo’wishes to intended to embrace and confirm the ti- be further informed of these transac- tle howevem’ derived. Nor did the pur. tions, now very unimpom’tant, may con- chase include any extent of land. It is sult the treaties of 1722 amid 1727, in true it is left indefinite ; beimug for humid the council books on both sides of time river, acid next ad” July RIm, 1697. The .deed fu’om thee joining to time same; but the great object great Sachuem Tamipy, his brothem’ and of ‘William Pemmn was to secure thee ri- sons, is in these words,—” We Tarniny ver through time whole extent of the Sat/mimack and Weheelanc4 my brother, province; and altiio’cgh it was not de- and TVeheqmteek/zon, alias Andrew, who is signed for inmm~diate settlenment, the to be k rig after my death, Taqueck/son, great foresight of the prc,pi’ietor would. alias Nicholas’, andQyenamockquiml, alias not pernit him to relinquish this impor- C’/m~~c’les,my eons, ibm’ us, our heirs acid tant grant, which ‘was to secure thee successors, grant, &c. all thin lands, whole of thin Susquehanna, from time pre- woods, meadows, rivers, rivulets, mines, t~mmsionsofthe adjuinicug colonies, and at minerals and m’ayalties whiatsoevei’, Situ- this time the charter hounds were imot ate, lying cud. being between thee creek distinctly known, but, for a long time called Pemmopeck, and thee creek cal- afterwards they wem’e considered as ex- led Neslmamicuy, extemuding in lemmgth tending at least tc~the Owegy, and in. from time river Delaware, so fam’ as a eluding a considerable part of time u’iver 5 horse can travel ‘mu two summer days, now, unquestiocmably, known to be end to carry its breatitim accom’dicug as the within time limits of New.York. No several courses of the said two creeks opportunity was therefore lost to bring will admit, and when thin said creeks’ this title to thee view of time Indians. do so bremmcb, that the main branches, Accorainghy, in articles of agreement cur bodies thereof cannot be discovered, between William Pemmn, and time Sems— then thu tract of hand hereby grunted, qimehuanmma, Shmawnna, Pntowmack amuci shall stretch forth upon a direct course, Conestogoe IndnLns, dated Api’ml 23d, on each side, and so early omi time full 1701. (htecom’ded in Book F, vol. 8, breadth, to time extent of time length page 43,) Amomig other thimmgs they ra- thereof. tify acid confirm governuir h,)on~an’g Acknowiedged in open court, at Phi- deed of January 1796, mind the above ladehphmia, 6th July, 1697 Recorded in deed of the Susquehanna Indians, of time Rolls-Office, 7th oftime 12th month, September, 17Q0. 1698, in book E 3, vol. .5, pagn 57, ftc, And. notwithstanding thin limits de- September 18th, 1700. Widagh and. fined in the deed, of September 1718, Anda,~’gy-jumcmkquag/i, kings or sachemas which ~viil shmorthy follow, we hid of time Susquehianna Indians, and of time Dongan’s deed insisted on, .immd acquies. river under that name, amid lands lying ced in, at Susqumehammna, in 1722; mind, on both sides thereof. Deed to W. again, at a treaty held at Phileedehplcia, Pecun for all time said river Smmsquehame. in July 1727, betweengoverntcr Gordon, nagh, and ~ll the islands them’eium, anti all mutt time deputies ot’thuuu Five Nations; ice time hands situate, lying and being upon anssvem’ to time deputies, who said time both sides of the said viver, anti ,mext governor had divers times sent for thiemu adjoicmmmmg to time sczsne, to time utmost comm. and they hued tham’efore come to know lines of time lands wick/i are, orformerly his pleasure, and made an offer to sell s,ture, the right of die people or miatiomm lands ; time govem’nor tells them, “ that called, time Scusqueheanpagh Indians, or lie is glad to see them, that lie takes icy u/cat ,manme soccer c/may ‘were called, as timeir visit very kicmdiy at timis time, but fuhiy amid amply as we am’ any of our au- that tlmey were misinformed when thmey cestom’s, have, could, might or ought to supposed time governor had sent for have had, held or enjoyed, amid also can- them;that govem’nor Penn lead, by meanS firm time bargain and sale of time said of col. .Dongacm, already bought of’ the feuds, made unto cal T/monjas ,Dongan, Fire Nations, time hands on Susqueiianmma; now earl ofLimcrick, ~nd formerly go~ thatthe chiefs ofthe Five Nations, whet’ I

Sir,William l~eithwas at Albany, had of Time settler5, imotwithmstandhmug, eli. j themselves confirmed thin formergrant, croachied on thee Indiami lands beyond anti absolutely released all pretensions this boundary, which occasioned great to these lands.” Thee release Imere stated anxiety and uneasiness among the Do- to have been made at Albany, in 1722, lawares. The complaints of the aged is huowevem’, not to be miow found. Bassoonan, were eloquent and pathetic. About this period time Indian pur- Violence had ensued, and blood lead chases become more important, and flowed. Preparations had been made, thee boundaries more certain and defin- amid aihian~eswere fbrming for war; ed, amid principles weu’e established, but by prudence and skih1~ the danger and acquired time force of settled law, was turned aside. of deap interest to landholders; amid At thee treaty at Philadelphia, iii 1728, whiche leave been siiice umeiformly re- Saa’soo,uan, addressing himself to Mr. cogmmized. and ~t tieis mnoment govern James Logan, time proprietary secretary, and control our judicial tribunals—To and principal eomflfliissionei’ for lamed af- live ime reace and fm’iendsheip with thin fairs, said “Thai he was grown old, natives, was a rart of thee bemmevolent amid was troubled to see thee cleristians system of time venerable and virtuous settle on lands theat time indians had no- founder of Pemunsylvauia. To a people ver been paid for; theey had settled on avem’se from warfare, from conseiencious his hands, fo~whicle lee head never re~ motives, every timing wiui~hewould tend. ceived any thing; that lie was now ama to provoke their warlike neighbours, old man, amid must soon die ; that his and iru’itate them to lift time tomahawk, children may wonder to see all their fa- was most carefully to be avoided; amid timer’s lands gone from them svitieout his we find no common attention bestowed receiving any timing for them; that the upon this momentous subject by time chiristians made their settlements very governnmeumts When time miatives sold neat’ them, and they would have no place think lands, it was understood distimect- of their own left to live on; timat thei~ ly, that time whuite people should nQt might occasion a difference between settie or encroach upon their heumiting thmeir children hiereaftee’, and lee ‘would grounds, amid hands reserved by thiene; willingly prevent ammy misuudeecstanding nor was, a single attempt thus to settle, that might happen.” unattendedbycompiaints cud ummeemsiness. Mr. Logamm, with time leave of timo Time Indians observed their treaties governor, ammswem’cd, “Thmcet lie was iio’ witim fidelity, sod thee boundaries ap- otimerwise comucermmed in time hands oftime pear to have been always accurately province, than as lie was entrusted with ummdem’stood by them. other conimissionem’s, by the proprze4 On time 17th of September, 1718, tor, to umamiage hms affairs of property there is a sleed of m’ehease fu’om sundry in his absence; that William Penn had Delaware Indian chiefs, viz. Sassoocma/u, made it a rule, never to softer any lands .M’eetashec/uay, Gluettypeneeman, .Poke/zais, to be settled by his people, till they were A,yamachan, Opekassct, and Pepawmnm. first p~irc1uased.of the Indians’ ; that hui~ am, for all time handssituate between time’ cornrnis’sione)’s hadfollowed time came rule, two m’ivei’s, Delaware amid Susqueheanmia, and heow littIC u’eason there was for any from Duck-creek, to thee moumitains on complaint against hemm or the conunms- this side Lechay, withm an acknowledg- sioners, hen would make appear. He ment, that they had seem and heard di- then pm’oceeded to relate ‘to them thee vera dceds of sale read unto them, under circumstammces conmmcted ~vmtlethe re~ tIme hands and seals of former kings and hease of 1718, for thee lands from Duck chiefs of the Delaware Indians, tieeir Creek, to imeac’ the forks of Delaware, anti amicestou’s and predecessors, who were that thee Indians were timen emmtu’ehy Ba- owners of said lammds, by which they tisfied with it; and the mnstm’umeut Of’ had gm’anted thee said hamuds to ‘William release was then read to them. Penn, fom~whiichi theywere satisfied and Sassounaw and Opekaseet, both acknow. ~cocstent, Wieiciu, for a fumthmer comesider- letigod timma deed to be true, and that atiome muf goods delivered timem, they tieeme they had been paid for all the lends confirmed —This deedis m’ecom’ded, May therein mentioned; but Sassoonmun saud, 13th, 1728~in Book A. vol. 6, page b9~ the hands beyond these bounds had. ice- It is therefore to be observed, timat ver been paid for; that these reached uu5 time umudefined limits of’ nil thee pieced. fart/icr timami a/sw nmiles’ ber~cmdOhey, Suit umig deeds, westward, two days journey that their lands’ on 1’ulpyiiockin, ‘were stateil ‘with a horse, ftc. which ~oultl have by time cimi’mstiamis. extended far beyond die Leiuiglu hiihis, Mr. Logan answered, that he under. are here restm’icted tothose hills, whm’uch stood, at thee time tient deed was drawn, so far as related to thin purchases fm’om and evem’ simmee, that thee Lee/map hills ot time Delawares, were the boundaries of nuotintaius, stretched away from a lmttl~ time purchased lands. bch~wZecIety,~ort,he forks of Dehnwar~s VOL.11. 1 14~

to tho.qe hihis on Susquehmacemea, tic at lie iyinmg in om’ near any swamps, mam’shi,cu, 1784. about ten miles above Pextoci; Mm’. Far. femus om’ meadows, the wettem’s or stm’eams mer said those hills passed from Lee/m- of’ wimicim flow icmto, or tn~vau’dstime ri- ay, a few miles~aboveOley, amid. reach- ver Schuylkihl, situate, hying and beimig ed no further,amid that 2Wpy/iockicm hands betweemm thuoie Imihis, called Lechay hilis, hay beyond theeurm. and. tieose called Kehcachtanemiut hulls, Whether, continued Mr. Logan, ~vlmiciecross thee said river Schuyhkihl, those lands of Tmulpy/iockin were wuthin about thirty miles above the said Lech- or without the bounds mentioned in time my imills, amid all humid whatsoever lying deed, he well knew that thct Indians withimm the said bounds, aced between some few years since, were seated on time bm’anclmes of’ Delawai’e river on the theme, amid that be, with the other corn- eastern side of’ thee said land, amid thin missiom~ers,would never comisemmt thmat bramicimes om’ streams rtmnnimmginto time ri- any settlement should be made on lands ver Susqtmehancua on thin westerum side of where time Indians were seated; that time said hunch, That is to say, all those these hands were setthcd wholly against hands situate, hying and being on thm~ their minds, and even without their said river Scleuyikihl, anti time branciees knowledge; but he desired of time Indi- thereof, betweeum time motmntains caihed ans, that thoughthese peophe had seated Lecieay to time sommtiu, and the hills or themselves on thee Tmmlpy/mocknm lands neoumumtaimis called Kekachitanemuum on thue without the commissiommers leave or northu, anti between time bi’anchmes of time comusent, yet that theey would ueot offer Dehawau’e rivei on thee east, anti time them any violence, or injmml’e them, but watem’s failing immto the Susquehanuma ri- ‘wait till such time as that the matter ver on thin west. could be adjusted.” Ratified by Liccgalmocuoa, a Schuylkihl In this the Indians acquiesced, amid Imidiun, who was notpresent at signimmg having waited some timem without re- the foregoing deed, 12th July, 1742. ceiving any satisfaction for their land, Confirmed by deed of release, 20th and thin encroachments still increasing, of August, 1733, whiclu is in fact a re- they u’onewed their commeplaimits. Thee lease for the consideration of said hands, Freumch at Montreal were likewise en- received by then~. This release is also deavouring to pin theem over to their confirmed by Lingahmonoa, 12th July, interest, audit was seen both by thee as- 1742, acknowledging that he hind re- sembly and governor, that it was but ceived liii portion of time consideration. just cud reasommabbe, and that it come- Tlmese deeds and releases have never cerned time peace of time country, been e’ecorded. that the Indians should he mache easy Time laceds at Tumipehocken were qumi- respecting their lands, and their com- eted by timis deed; but as it embm’acetl plaints removed. This state of affairs none of’ the lands on thu~ Delaware, or gave rise to thin treaty of 1732, siiortiy braucimes heading imeto it,the chiscouutent of alter the arrival of Thomas )?emmn, who the Indiamis still continued with regard was present at it. See votes of assem- to thee settlements at time Minissinks, bly, vol. 3, page 158. near forty miles above tIme Lechmay hills, Previoums, hio~yeverto timis treaty, whicim ‘was time nom~t1mei’nboundary, we- tlmee’e appears to bmae’e been a release, com’ding to time deed of 1718. Although but not recorded, from sundry Imedians, considerable obscum~ityrestf upome time for all the hand on bcuthe sides of thee dcccl of 1686, yet presuming its exist- Brandywiuue Creek, from time mouthe emmce, time purchase had never been them’eof, wheu’e it enters time river De- ‘walked out. Ant). if emmey rellammce can bce laware, up to a certain rock in time said placed ime the authenticity of a letter ci’eek, near time upper line of Abralmam from James Logan, dated 20th No. Marshal’s land. It is umiimportant to veenber, 1727, and printed at ‘Locution immquiu’e at what poicmt this pcmrehuase end. ime time year 1759, and said to have been ed. It couid hewn beeme intended mere- compared with thee original then in be- ly to extinguish some claims, pm’obabtv ing, any claim under thee deed of 1686, muit well fotuntlect; anti the same hand w~m.ildappear to heave been abantiommeci. was included in time release of 1718. The letter is in these words, “Fm’iemmd This release is dated, May 31st, 1726. Thomas Watson, this moruiing 1 wrote 4 September 7th, 1732, Sassoowwm, alias to thee by ~oe Tayloc’, conceruiluig llwntmapis, sachem of time Scimuylkihl ImcUimmmis~ Elalapis, O/uopanzen, Peaqmceto. warm’ants that may be offered thee td) oneec, Mayumoe, Partridge, ‘Ji~pmmkuimset, be land out 0mm ~thee Miiiissink hands, alias ~toc, gran~.ahhthose tracts of’ hand amid Was then of opinion, timat the bear- or muds, lyimeg on or mmear time river er ieereof, ,yoseph TlTImeeltu~, proposed to Scleu~hkchl, or any of time bm’anchmcs, lay his thmerco Havimug simice seen. hum, streams, fountahmus flu’ spu’icugs thmereof lee tells me he has no suche timotught, eastcvat’d or westward, antI all time ltuuidi bunt would hiave it haiti three or flume miles above Dui’hamn, on a spot of pe’et. 115 ty good land tleere amongst the hulls, that heave been heretofore made, or 1784. and I think, at some distaimce f’m’om the hereafter may be memade, toucluicmg or river, proposing, as lie says, to hive concermeing time aforesaid river Sumsque- there himself with his kinsman, who heammna, and time lands hying on both sides was here with him; pray take time first thereof; and tlensaid sachems or chiefs opportunity to memetiomi it to I. Lang- of the Five Natioums aforesaid, having lmoi’ne, for if lie has no considerable ob- for themselves, and ome behalf of thee jection to it, (that is, if ime hums laid no said natiomis, renewed and ratified the m’ighet on it,) I cacenot see that ‘we should treatieS of friendship amid peace sub- make any othuem’ timan that it is clot pmzc’- sisting between them and the said pro. chased of the Indians, which is so mate- vimece, did aftei’warcls proceed to tm’eat i’ial an one, that ~vithmouttheir previotms and, agree wide time hmonoum’ubie thin pro. engmugememitto part with it vem’y u’eason- prietaries thereof, about the said river ably, it cannot be surveyed there. But of and lands. Now kmmow ye, &c..—— timis, thmey themselves, I mean ~os. giant, &c. to Joheum Penn, Thomas Penme, W/meeler, he. propore to take came. This and Richmam’d Penum, timeim’ heim’s, sue- is what ofmers. on this hitad, fm’om they cessou’s amid assigims, all time said river lovingfi’iencl, ~ames Logan” The fiimks Sumsqumeheammcea, with the hands Iyimmg on of Delaware were notwithestunding, bothu sides thereof, to e~ttemmdeastwarti settled; and to this, among otieer caus- as far as thee heeads of the branclees ot’ es, was atti’ibcmted by the writeu’s of tlue spm’immgs which run iimto time said, Sos- day, thin aiiemeation of thee Deiawam’es queheammna, and all time lands lying ome and thee Simawammese, from the British time west side of time said river, to thee immtei’ests. setting of thee sun, and to exteuud from Aftc~sevet’ah imuefl’ecttmah attempts to the mouth of the said rivet’, northward, coompose time clamouu’s of the Bela- cup time smtrne to the leihis or mountaimis wau’es, it is said time propm’ietor corn. called in the languageof time said nations pla~cmedofthem to tIme Five Natiomms. In Tayamemmeasachta, mmmd by thee Delaware 1736, time deputies of the Five Nations Imedians, time Kekachtanamin hills Sign- arm’ived, amid a treaty was imeld with ed by 23 Indiame chief’s of time Onondago, ihenm, at ~vhicie conrad Weicer was an Seneca, Oneida and Tuscarora nationus, rnupom’taumt agent. The deed of 17S6, is recorded iii Book C, vol. 1, page 277, as follows May 7th, 1741. October lithe, 1786. Whereas the What is remarkable at this period, late pmopm’ietam’y of thee province of is, that time Imedian chiefs on theeir re- Pemiuisylvaumia, William Penci, Esq soon tnm’mm, staid several days withe conrad after liii fim’st am’rivah ime time said province, Weiser, at Tmmlpelmockecm, amid theem’e exe- took mneaaum’es to heave thee river Susque- cuted time fohlowihg deed,dated October hanna, with all thee lands lyimug mun both 25th, 1786, whiche is proved a~drecord- ~ldes of the same, purchased for him ed ime Book C, vol. 2, page 350, May and his imeim’s, of those Indians of time 22d; 1741. Five Nations inhabiting imi the province We tlen chilefs of the Six Nations of of New-York, who claimed the pm’operty Indians, thee Onondagoes, 2’sanunmdo’w~ns timeu’eof, mmmd accordumigiy did pnm’chmmse 01’ Secmnekas, cayoogoes, O,mtydas, Tusca- them of Col, Thomas ,Dumcugacu, formerly c’oi’oes, (in belenif also of then C’anyingoes, governor of New-York, cued pay for or Mo/macks,) who leave lately, at Phi- time same; notwitlmstamiding ~vhichm’,time ladehpiiia, by our deed in wm’itimmg, dated Indians of the Five Natiomus af’om’esaid, time 11th day of this instammt, October, lucre comitintmed to claim a right in amid released to Joien Penme, Thomas Penn, to time said river and lamiths, nor heave and Richeard Penn, pm’opi’ietors of Pem,mt- timose ciaim’ns beemm hitherto adjusted; sylvania, and to their lieu’s and sue- ~vimee’eupomethee said sachemeus om’ chiefs, cessom’s, all oum’ rigimt, claim and pie- leaving, ~vitheall thee otimee’s of time said tensions, to all tIme hands on both sides nuatuons, met the last sunnmimer at thueim’ of then liver Susqueheanna, fi’omn time great council, held in thee country of mouth timeu’eof as fae~nom’thmward, or imp time said Onondagoes, did ,resohve and time said river as that rid~nof hills conclude that a fimmal period and con- called thee Tyocminmhasac/mta, or emudless clusion should be put to all disputes enocmmmtains, west’wam’d to thee settimmg of that might possibly arise on timnt occa- time scum, and eastwarc’l to time farthest sion, acid having appointed time vlom’e- spu’immgs of the waters running imeto time namedsachmems or chiefs, as piemelpotemm. said river, do hereby further declare, tiam’ies of all those mentions to repair to that oue’ true intent aced meaning by the Pimmiadeiphia, in order to confirm time said writing, was and is to m’ehease, and several treaties of peace whicle imave we do imerebymore expressly release to hitherto been commchm,udedbetween timem, the said proprietors, &c. all thee lameds and thee said pm’ovince, anti also to set- hying within time bounds amidlimits of thee eke amid adjust all demamuds anti claims govern~eentof X’ennsylvania, beginning 784~ eastward on the river Delaware, as far luau, and bounded on time westerly side ~ northward as the said ridge, or chain whim time creek called Neshamony, or of endless mountains, as they cross thee the most westerly branche thereof, and eoummtry of Penmisylvameia, from time east- from thmemmce by a line ‘ to ‘ward to the west; and they further en- the utmost extent of time said one day gage, umever to sell any of their lands to anti an half’s journey, and fm’omn thence pny but time proprietors, or cimildren of to time aforesaid William Penn. river Delaware, and from thence dowmm There is an indorsement of ratifica- thee several courses of the said river to tion on this deed, dated 9th of July, the first mentioned spruce tree, he-.— ~754, sigmeeci by nimue Indiam’~p. But some of our old mcmi beiumg absent, Bee notwiehestacmding this hatter deed, we requested more time to coiisfllc, with evas earmeestly contended by theose our people, which request beiimg grtmumt. ‘who were unfriendly to the proprietary ed, we have, after more than two years, proceedings, aced probably from an ap: from time tm’eaty at Pemmnsbury, now come prehemesion, or foi’nsi~’ietoftime disasters to Pimihatheipleia, togethiet’ with omit cimief ‘which ensued, thuat thee riglet ofthee Five sacimema .1V1’onocl’j’kic/uan, and several of ~at’mons lay omehy omi time ‘waters which our old rnemm, They then acknowledge run ummto thee Susque]ianna; and as they that they evere satisfiçd dmat~time above claimed no hands on thee Delaware, they described tract was granted by time per~ could by that instrument convey none. sons above mentioned, and agree to m’e- Uowee’er this fact may heave been, we lease to the proprietors all right to that flnd, about eight mocithis afterwards, tract, and desire it may be wahkacl, tra. the pm’oprietors procured a release from veiled, or gone over by persomms appoint- the Delawares, for at leastpai’t of these ed for that purpose, (Signed) Macmac- !ands, or a confim’matiome of thi~supposed kykicluon, Lappawineoc, Tes/macomin, ,N’oa- 4eed of’ 1686, om’ t/iç walking pure/mace. tamEs—And witnesaetl by twelve other This singular release is in thee following Indians, in token of full amid free cons ‘woi’ds. sent, besides otheer witmeesses. Record- Aimgust25tim, 1737. We Te~hakomccu, ed May ;8tle, 1741, in book G, vol. 1, alias 7~is/mckenk,and ,Wootarnis alias Mt. page 282, ~im~metwo of the sacieemas, om’ chiefs of The wahhe was accordingly made time hielaware Indians, having almost but it temede~donly to increase thee d’mssa- thm’ee years ago, at Durham, begun a tisfaction of thee Indians.-.-Iim ~‘ivingthis treaty with our honourable brethren summam’y ofthe causes and eflects of’ time lohmn and Thomas Penn, and from thence Indian treaties, it is not designed, nor ~umeothernmeeting was appoimmted to be at is it calculated, to encroach aim time pro- Pennsbury the next Spring fohiowimeg, vince, of hmistom’y, which embraces a to whelm we repaired, witle Lappawicmroe, broader ground; but mem’ely to connect aced seyem’al others of the Delaware In- them together and shew how imetirnatehy d~ans,at wlmmch treaty several deeds tieey depend on each ether, Nor will ‘were produced, and simesved to us by it escape thee observatjomm of time readem’, oum’ said brethireue, concerning several how materially time frequent recurrence tracts of land, whiche our forefathers to, and confirmation of, Ccl. Doagan’s lead more than fifty years ago, bargained deed, be-am’s upon thin deed of time lithe and sold unto our gqod fm’iend amed bro- of July, 1754, from time lmmdians to Come- ther William Penm,, the fatheem’ of thin necticut claimants, whether theat deed Laid John and Thomas Penn, and in ‘were real or fictitious. pau’uicueiar one deed from .211’aykeerick- This walk extended, it is said, about ~is1mo,Saylmoppy and Taugh/mqughoey, the thirty miles beyond time Leimigh imihis, chiefs or kings of the northern Indians over thee Kittatinny moumetain; and a omu Delaware,, who foe’, &c, did grant, draught of it wasmade by Sumrvcom’-Ge- fec, nil those hamuds hying and beingin time neral Jkaetburn, includimmg time best of’ time provimece of Pennsylvania, beginning up- hands in the forks of Delaware, and time oq a line formerly laid out from a cor. Mimeissinks. Ti’e walkers were expei’t, per spruce tree by then river DeIawam~e, and time Indians wimo could not keel) cup (Mmmkeerikkittome,) and from thmence ruin. wide them, complained that they rsme; ruing aiming the hedge or foot of thee and moreover it would appear that their ~noumntqimes,west-north-west to a corner expectation was that the wahk was to ‘white oak, mimau’ketl ‘cyitim thee letter 1’, be made op the river, by its courses. stamudimeg by time Indiaum patlm that leadeth It is not intended to enter fum’timer into to an Imudiamm town called Playwickey, the contm’oversy timan to exhibit thee ge- ‘und from thence extending westwardto neral grounds which are steidtolmavees- ~eshmamnenycm’eek, from whicim said line, tranged the Dniawares fm’one oumr inte- the ~amdtract or tracts thereby granted rest, timid drove them into that of the ~otimeztend itself back into tIme woods, French, who were always ready, in those flu j~zirc~cm ~izacucoup in u~nedmz,y and mmci t~rnes,to ~ncieasetheir dissatisfaction 117

‘with time English. ,Niaimczs anti others, canassat~’go,in the xmaMe of time depu- 1~84. when sigmied lime release oF 1737, ~em’e ties, told the govermeom’, “‘That they saw hot ~villimm~~.oquit the lammds, nor give the Delawau’es had been an unruly peo- quiet possessiiimm tu thee people who cameme ple, anti were altogether iii time ‘cvrommg; to take imp lacids and settle ime time forks. fleet timey lead concluded to remove Timey remonstrated ti’cely, and declared them, and oblige them to go over thee their resolution of nmcicuttuining posses- river Delaware, amid quit all claim to any sion by force of’ am’ms~ 1mm the year 1741, lands aim timis side for thee future, since theem’efbru’, a m,nessage was sent to time timey had received pay for theem, and it is Six Natiomes, who, it was ~vehlkmmowmm, gone tierough timeir guts long ago.”_ head greatautimom’ity over time Delawares, Then addressing himself to thee Dela. tcm mess timeni to moOse do’cvmm amid force wares, imm a violent and simmguhar straime of thee Delawares to quii time fom’ks They imevective, he said, “ They deserved to acccirtlimegly came jim the summ’ueer of 1742, be ttikeme by time hmaim’ of time head, amid to the micunber of two imundrm’d ammtl thmir- shiaked severely, till thmey recovered ty. Governor T/mamas, iii his message thueji’ senses, amid became sober; that to thee assembly of time 24th of July, in he had seeme with his eyes a deed sigme. timat year, amoimg’ other tImings, tells cml by lime of their ammcestors above fifty timt’m, “ That their cenfmmeg down was years ago for this very land, (1686,) amid not emily necessary for then prm~sentpeace a release signed hot maumy years siumce, of thee provimece, iii regard to some in- (1737,) by some of tieemselves, and diamus’ ‘cvlmo had threatened to maintain by chiefs, yet living, (‘Sacsoonau and ,Meti- force timeir possession of lands n~hmich suer were pm’esemet,) to time miumber of had been hoceg ago purcieased of them, fif’teemu amid upwards; “but hoyt come and since conveyed by time propm’ietam’ies you, continued he to the Delaware-c, to to sccme of our o~vieinimabitants: but for take upon you to sell lameds at all? ‘We its future security, likewise, imm case of conquered you; we made womeeen of a rupture ‘cvitle the French, whit, will you; you kmeow you are women, amid leave meo methods cunessayed to corrupt can no more seil hand than women; nor their fidelity, cued to perstuade them to is it fit you should leave the power of tui’n their arms against tie. Votes of selling laumds, since you woemid abuse it. assembly, vol. 3, page 481-2. Thmis lamed timat you claim is gone At this tm’eaty, at Philadelphia, time go. timrough youii’ guts; you have bceme fum’- s’ernom’ immformedtiuetlepcmties of time con- nisimed with clotices, meat, aad drunk, duct of theeiu’ coumsimcs, a bm’ancim of’ time by time goods paid you for it, and now Dehtewam’es, who gave time provincesome you waOt it agaiue like children as you disturbance about time muds time pu’ope’i- are. But wheat makes you sell lands in etom’s pumrclm:tsed of timem, amid for which the dark? Did you ever tell us theatyoce thmeir ancestors head u’eceivcti mu valuable head sold thus lamed? Did we ever re- comisideratiomu above fifty-five years ago, ceive aim)’ part, even time value of a pipe (ahhuudimug to time deed o~1696, cotehim’m- sieammk, from you for it? You have told ed by time rIced of’ 1737.)—That they uø a blind story, ~imat you sent a mes- coumtimnmed. their former distumrbances, sengel’ to us, to inform us of time sale, and leati tim insolemmee to write letters bcmt he never came amoumgst us, nor we to soiume of thin magistm’ates of tieis go- ever heard any tIming about it. Timis is vermiment, ‘cvhmem’t’icm they bath abused time acting in time dark, amid very different worthy pi’oprietaries, and tm’eatecl them from thee comeduct our Six Nations ob- ‘with thee utmost e’mmdeness cued ill man- serve in the sales of land. On such net’s; that being lath, out of regam’d to occasions they give public notice, acid thee Six Nations, to puimeishm time Debt- imevite all the Indians of timeir united na- - wares as they deserved, hen head sent tions, and give them all a share of thee two neessages to infom’mee them time Six present they receive for their hands. Natiome depmties were expected here, Theis is the behaviour of time wise united aced sieould be acquainted with timnirbe- nations, But we find you are nomee of huaviotu’, That as the Six Natiomes, on our blood; you act a dishmomuest part not all occasioums, apply to timis ~‘overmiment only in thus, but in other matters; your to u’eumeove all ‘cvhmite people that are set- ears are ever open to slanderous re- tled on lands before they are purcieasetl ports about your bm’ethi’eme- For all these fi’one them, and as time govei’nment use reasons ‘we cizargeycci to remove i?mctacut, tlmeiu’ eumdeavotmrs to tumm’me such peohehe nfl; ly; clue doiu’t give you libcm’ty to f/mink so mmnw lie expects f’m’oimm them timat they about it. You are womeme. Take time will caumse timese .l’imdian~to remove fu’om advice of a- wise man, and remove in. time hands in time forks of .Delaware, and stametiy. ~t’u may return to the other mmot give any fnm’timer disturbance to time side of Delaware where you came persons who are now in possessiome. fromi’m; but we do mmot know whether, Time deeds amid letters were then read, considering hmo’cy you leave demeaned iund, th~draught eabeibi~ed. yourselves, you will be permitted to 118

1784. live there, or evhetlmer you have umot time ricer ~mmniaea.”And what less could swallowed thmmut land dowum your throats, be demnamederl after time expulsion oftime as well as time lamud ome this side. ‘We Delawac’es f’rom thee Foi’ks therefore assign you two places to go Soon after this it appeai’ed that time to, either to Wyonmen or Simainoki,m. You Shuawumese were endeam’oumring to draw may go to emthmer of timese places, time Dehawares from Slmam.okin to time and then we shall have you more Olmio, amid timat there wei’e some heart- uumder our eye, amid shall see how burnings between tue 1)ehawam’es and you believe, Docm’t deliberate, butt re- time Six Nations, amid that thin fou’neem’ ome- move away, and take thmi~belt of wane- ly ‘uvameted a favourable opportunity to pam” He tlmemi forbid them, ever to throw oft’ the yoke, whiche they aftem’- intermeddle in hand affaim’s, or ever wards did, amid to revenge the insults leereafter pretend to sell any hand, and that lead been offered to them at Hmila- commanded thene, as lee had somethmimug deiphia, in 1742. See votes of assem- to tracmsact with the English, immedi- My, vol. 3, p. 555. ately to depart the council. We shall now proceed to thee causes Time Dehawares dared mint disobey and circumstances which produced time this leeremptory comeemand, They imme- treaty cued purchase of 1749. diately left time cocmncil, acid soon after A meeting of deputies from each of removed from thee forks; some, it is the SixNations, lend been appointed, by said, went to Wyoming and Simamoken, time grand council at Oimondtugo, to go to cued some to thee Ohio, Thus strangely Philadelphia, on businees of import. ‘was terminated then purchase of I 6b6— acmcc. Thee Senecas first arrived there. admitting the deed to have once ex- “ One of the most considerable poimits,~~ isted, But even at this treaty with time (said their speaker to the governor,) Six Natiomis, it was not admitted that “which induced thu-n coummcil to scud de- thee proprietac’ym’ighmt extended beyond f/me puties at thus time, was, timat they lied .Kittoclmthmny hills; amid thee deputies corn- heard time wlmite people had begun to pisimeed, theat they were umot well, mused settie on their ~idc thin blue usmountaimis. ‘with respect to time hand still tmnsoid by And we time deputies of tima Senecum’, thmeume. “ Your people, (timey said,) daily staying so loceg at Wyonuecu, lied an op- settle on these hands, and spoIl our pom’tumiily of emiquiring imuto (lee tm’uthm of humeting. We must insist on your me- this information, and to out’ surprise neoviueg them, asyou knee, t/me,v have umo found time story comufiu’med, whim this mmd- rig/mt to ~tttle to time nort/uward of’ time Kit- - dition, that even this spring, since the toe/mt/any 1mW;, 1mm particular we renew governou”s au’rivai, numbeu’s of fhumihics ecu~complaints agaimmst some people ‘who were begimmnimeg to make settlememets, are settled omu ~uniata, a branch of Sims- As out’ boumidaries are so well kmeown, quehacmna, and all along time bauek~of amid so remarkably distmieguishmetl by a that river as far as Ma/maumiay, and de- mange of imigh muomuuitains, we could not sire they may forthvtitim be made to go sumppose tumis could be douie by mnimutmike, off thee land, for they do grecmt damage hut either it mumst be done wickedly by to our cousins the Delawam’es,” bad people, w’uchcmumt time knowledge of With respect to the people settled at thee governor, om’ that time new governor ~mmniata,time Goyem’umor replied, “ that has brought some instructions from thee aorume magistrates were semet expressly king, or time proprietaries relatimug to to remove timem, mend he thoughet no this affair, whmem’eby we are hike to be persons wotmid presume to stay aftem’ much hurt, Thee governor will be pleas- that.” 11cr. they interrupted time Gov- ed to tell us, whether bee lies brought ermeor, and said, “These persons who any orders from time king am’ time propri. ‘were semet do not do their duty; so far etam’ies for these people to settle on our fm’om c’emoving thme people, they made hands; amid if not, we earcuestly desire surveys for themselves, and (lucy are in they may be made to remove instamutiy league with thin trespassers ; we desire ‘uvitim all their effects, to pc’eveuce time sad more effectual methods tony be used, consequence; Smc/mie/e sic/Il ot/mercuisc ensue.” amid heonestnr men employed,” which The govei’meov ae~cnowledges,in an- the Govcu’umor promised sieoimid be done. swer, Tieat time people’s selthiuug on Butt we shia’ul have occasion again to re- luiata vise cocctrary to t/ue engagements ~f cur to tluis poiuut. It is necessary only to tim/i govcrnmcmmt to time Indiane ; tiumit hue acid, at this time, thee strong expressions had received meo ordersinfavour ofthem; of thee speaker to the Governor—” ‘We that they imad iuo couumtenance f’u’om time leave gwen the river Juniata for a buuet- governnmeemt, and that no endemn’ouu’s ang place to our coumsins, time Dehawau’a simouhd be wanting ome hmis part to bring’ Indians, anti our brethren the Sluawimese, tIme offenders to justice, amid topm’evemet and weommu’selves humit there sometimes. all future cause of compimuimet. NotIcing’ ‘We therefore desmre you will immedi- else was done at tleis mmeeeting, and time ately by/opec remove all those that live on Senecas departed; but on their re,~urfl 119 they met time ntluer deputies; and after davy of time tract of lamed formem’ly put’- 1784e considerable deliberation, and notwith- chased by time said propriettuu’ks from L~~J standing time oppositioum of conrad W~i- time said Indian natiomus, by their diced of ocr, they all caine to Pimiladehphmia, ac- time lithe of October 1786; and from companied by some Molmickamus, Tutciae, thence runfling up time said m’iver by Delaware~’,aced .bTa,mticokee, ium imumber the several courses thereof to the first two imundred’cud eighty, about the 14th or nearest mountain to time north side of August, 1749. Cameassatego was again or mouth of time cm’u’ek cabled in thee lan- the speaker. Tlmey receewed time com- guage of time said Five Nation Indians, plaints about thee settlements on the time- Cantucgcmy, mmd in the Icuegicage of thee pum’chased hands; f/mat b treaties’ all Delaware Indiam~sMaghouuioy, and front white people were to have 9been hindered themece extemiding by a direct or straight fi’om. .rettthmg time lands’ nsf pzmm’cimaced of line to be. nun from time said mount~in mlmem ; amid jf 5/may mild, time govermmniecut en- on thee miorthm Sidle of time said creek to gaged to relnooce Menu- suh cue discovererl; the main bm’ancha of Delaware river, at but since it migiut be atteumded with a time ueortim side of thee neoutlt of thee gu’eatdeal of trouble, and having ob- cm’eek called Lec/mawach:ein, and from served the people’s settlements, tlmey thence to return across Lee/mcmwachseius were wihlimmg to give tip the laceds on creek aforesaid clown time river Dela- the east side uif Susquehanna, from the ware by time several courses tleereof to blue heihis to wimere Timontao ,lifagee, then time Kekachmtnnyhmihhs aforesabh, and fm’oun Indian (racier lived, and leave it to time thence i)y thee range of said hula to thin government to assign thee wom’tim of place of beginning, as more fumlhy ap- them. But am’ SQ time lmwuting groumuds of’ pears by a map annexed; and also all f/stir coueiuus time .1’Tanticoke.t, a,cd of/up,’ Sum— tl~eparts of time rivers Seesqoehammna and. di(i~ms,living on time waters of~uniata, t/uey Delaware from simore to sleore which Snust muse snou’e vigorous’ mneasmum’ee, amudfor. are opposite to said hands, and all time cibly remove thient, islands in said rivers, &c. 0mm co.esultatiumn,atm/I their agreement This deed is recorded, May 6th, to extemed the purchase, so as to cam’ry 1759, in book H, voi. 2, p. 204. its breadth to time Dehaware, time fol~ This pmim’chmase is distincthy marked hm~ iowing deed was executed on the 22c1 miatui’ai boundaries, so as not to be mis- day mu August, 1749. taken. Amid at this treaty the nuigage- %Ve Canaaatago, Satezgammachmly, Kaumal- ment was renewed, tlmat time white peo- shuyiacayon, anti ca,mechwmmdeeron, sachems ple should be removed from time Jnti- or chief’s of time Imidian natiotacahhed the ate. Proclamations were accordingly Oucouutagem’s, C’mtyanockemt, Ka;uateany-Agae’le issued, but disregarded by the settlers Tcu-se,C’aruclmiazuacluaqui, sacheenes orchiefs on time unpeurcimased hands. In May1750, of the Imidian nation called thee S/mcickem’e. Riclzu’mrd ,Pct~’s,(lien secretam’y of time, Peter Ommtac/msax, anti christian Diary/mo- Lamed Office, whim some magistrates, was gsa, sachems or chiefs of the Iued’maiu uma semet, to m’erumove them. Of this circum- tion cabled thee Mo/moths; Sari;wguuoah, stance fu;’thmer notice ‘will be imereaftet- Wats’lmatulmous amid ilmuuchmua.’’qcmuz, sacimenes takeme, ‘in time couu’se of the note., See or cieiefs of thee Imucl’can ncmtinme called thee votes ofassembly, vol. 4th, p~137. But Ouueydcrs. Tatuis 2’atm’/;, Jt’ac/m,moaraa- these pruceesdiumgs appear to heave had se/icm, amuci TakaclmqcmOumfu-m’, sacleemq or little effect. Nuimbee’s were spirited -up chiefs of’ thee lmmdimmuu natioie called time to stay, and otheem’s event and settled by cayicukec’;. Tyicrox, Bc!lic/mwammoumachm-.rlmy, tleem, so that in a few years the settle~’ sachmenes or chiefs of time Imdimin action meuets ime time Indian country were more called time Tus’ccsrrsrpeu. Iac/ummeclmrlo,’us, nuuetcrotms and farther extended timamm, Sagogumc/miau’lmo;u, and (.‘cmc/mcuaora.katack’ke’, ever See goverueor Hamilton’s mimes- sueciueuns or clehcif’mi of tivi i,mdian umatinre sage, ibmd.—and also p. 509, 517,598. called time Slmomoke,m Imemhians. Nut/mu: It is uicceesam’y uneu’ei~,to meuutcon time and ~jca1pug/mac1u,sachienus or duet’s of treaty of Cmmrhisle imu 175S canaosatego, thin Iumdmcmm ueadon c,ulhecl thee Deimtevam’es muumd ~evernl of time sachems attached to and. Baths/uipea, acchmeun em, chief of’ thee time- British interests, were dead ; anti. luedmame nation called the S/macsauce, in time sceimeume at the head of thee council consudem’a(ion of £500, grant, sell, &c. of time Six Natioums was kmeowum to be in -all that tm’aet or parcel of’ land lyimig and time Fu’ench iuitere~t,amid time airectioums bemmug within thee foihowimig hinmits tumid of that people appeared to be mmmcii bounds, and tieus desct’ihecl. J3egimemeing slmakeui. Thuoscs who ahhmem’ed to ‘us at time Imuhit or ueeommmecaiues c-aihccl jul time were threatened by time armies of thee hamegmcage of rime Five Nation Icudiamus 7)— Frcuecim, and Indiame affluirs wore a roost amucuumtasachta, or endless hihis, timed by time gioomeey aspect. See votes of assembly, Delaware Indicumma Kokactan,y hills, on vol. 4, p. 182, At titus critical tinie time time east side of time rivei’ Susqumehamemea, Imediarm friends wec~eunwilhingto do auey b~ungcut the north west line or bonn- thing which, ~vopidgive room to sea- 12D

1784. pect their fidelity. They remonstrated Pennsylvania, bounded and limited as it is true; but they remnonstrated ‘with- fbhiows, nausuel3, bcgimening at the Kit- out thereats. They desired tieal. our tochtinmey or Blue hills, ome the west people would forbear settling on thee In- brameche of Smmsqumehanna virev, timedtimnnce diame lands over thee Ahlegheany hills; fat’ by time said, a mile above the nuouuthu of a so far had, they now encroacheed, al- certaime creek called Kayaroumdin/uagh; tieougim none of the laumd on the west thence ;mort/uesespamid by west as far as time side of Susqunimauena beyond the north, said proviuice of’ Peumnsylvania extemids or Kittatimey mountain lied becue pur to its ‘mrcsterss i/sues or boundaries ; tieence chased. They advised the government1 along tue said weatem’n line to thee south, to call back theeiu’ people; theat nouee line orbotiimmlary ofsaid pm’ovince; tiuence- should settle on time ~cuuiatalammds, till by time saud south line om’ boundary to time smeacters were settled between them soutim side of thensaid Kittochtinny hills; and the French, “ lest damage s/mocmld Ac tieence by the south side of said hills, do,me, and ‘mu-c s’/mould think ill of them.,” to the place of begiueueing: recorded Time comeumcil bm,oks, and votes of aesenm- in look H, vol. 5, page 392, Februam’y bly sheew the great anxiety of thee go- 3d, 1755. vernment to stremugthen time fidelity of Thee bmistor~’of this eventful period is the Six Nations, timid of’ thee Delaware still withein time ruec-melory of mauuy yet amid Ohmio Indiamis; communicatioces by living. Many of time Iuuchian tri-b~sseeing means of agents were fm’eq~memet,and time t/meir lands forms’, joined time Frenche, mind presents cons’mdem’able; umetil time uuefor” in the following year fatally eviuuceul tumuate purchase of 1754, contuibuted. their resentment at ~ field. to kindle a flame which could be extime- Thee settlers weu’e diven ifltO time iumteri- guished only by a deiuge of blood. See em’, their Iueeheu’oveueuentsweu’e laid waste, votes of assembly, vol. 4, pages 336, amid desolation mamku-d time path of the 292—4—9. wam’riors. The treaty of .4lbauuy, in 1754, witie Goveu’nor Morris, in imis address to the Six Nations, was hehd by orders of the assembly, November 3d, 1755, extime king. Time lords of trade amid plan- pressly tells theem, “ that it seemed tations had recommended. this, that all clear f’rom time different umccounts he time provinces, if practicable, might be head received, that thee Fi’encim lead gain. comprised in one general treaty, to be ed to their intei’est the Delaware and made imm his majesty’s name, as the Sluawanem’e I,mdio,us’, under time ensnariueg practice of each province makiumg a se- pretence of ressoriucg theism, to their cousu- parate treaty for itself in its owue meame, try: votes c/f assembly, vol. 4, page 492. was considered to be improper, and at- Thee assembly tleomtelves, in a reply tended while great inconveniences to his to govei’nou’ Denny, in June 1757, say, majesty’s service; votes of assembhy, “it ‘is rendered beyoumd commtradictiomu vol. 4, pages 279, 280, 286. See the plain, theat the cc use of the present whole proceedings in thee miumumtes Indian imecursiomes imm this proviuece, anti of council, Buok M, page 339, to 286. time du’eadfiul calamities, many of time Thea Iueditmn deed executed at Albany, imeieabitammts have suifeu’ech, have :um’isemm, is dated July 6dm, 1754, and is as fol- in great meastmm’e, fu’om time exou’bhamet ,lows :— auv~ muuut’easonable ptmrcimases mac/c, or HenryPeter:, ,dbra/mam Peters, Blandt, supposed to be mac/c of time luidisna, and .5eohumnumee Satfyhomuaumo, ~o/maumsucsKa,madm’i- thee nmannem’ of makingiheenu.—So exom’- kayon, .lbra/mam Sastag/uredo/my, sachems bitant, that time nat/rpm’ corny/a/ru 5/uey lmnve or chiefs of time Mohmochc nation. Asue- scot a country left to smmbsis’t irs;” ib. 718, eglmnaxqmsa Tarag/morcu-e, Thlmag/uciag/uqmmy- 722, 728,737, 728 Then fact wmms imudeed sorry, alias’Kaclmnegludackosu, sacheems or notorious in both iu~misp~eeres,ahtheoumgh chief’s of the Oumeydo nation. Otsincmg/1- some palliation was attemempted in time yatla, alias’ ,~unt,in behalf of imineseif, report mache ofthee conferemuecs cit Car- amid mull time sachems and chiefs of the lisle in 1753. After the treaty of 1758, Omeondago meation. Scanuraty, Tanimaglu. it was imowevem’ fuihy admitted by ,~‘o/srm dare:, Tokaam’yoiu, Kaglmradocloiu, sachems Penis heimr,elf, wimo was theme goveu’nor, or chiefs of time Cayuuga nation. Ka/micim- upon comrnuueicatinga hetter from gene. cloclo,m, alias, Groot? 2’bcucge, Takcglms’atu, rich Gage, ome time stubject of time contin- Tiyonc’mmkokaraw, sachems or chiefs of ued discontent of some of thee westera time Seneca nation, Suntruglmwackon, Incihaums ; “I would w’miiimighy, hue said Sagoc/uciloclagon, Tolmas’/muwangau~u:O,’o,m- to thee assembly, take evem’y mmmeasum’e in tafa~ocu, al/ems go/un ,Z’Tixosc, Tistoaglmton, my heuwer, not to remove tIme just causes ~achuemsor chiefs of time Tuscarora na- of time/i’ complairuts’ of past injmmrie:, but tion, in coumsiderapnn of ç. 400 lawful to protect their pec’souus and properties miuuueey of Ncw:Ycmrk, grant, &c. to for thin ftetum’e,” Amul general Gage’s J’/uonuw and Rmcluard Pe,u,m, (C all the letter timums cuuriememmiicatnd, leas this i.e. lands I> tog within the said province of mnaricable paragraple. “The epcroach- 121 menti made apon thee 2nd/au:lands, for We ‘come tiieref’ore to the deed of 1784- ‘wieich they could obtainuse justice, ‘witie October 23d, 1758, executed at Eas’tomm, ~ the daily threats of more invasions of wimicim is as follows. timeir property, host us the affections of We .Wiclmai Karagiuiagdarie, one of time ti’e savages before, azmd was time prirmci- cieiefs amid sacimems of the Moimock mma- pal reason for t/ucir tlmroesing timemselse: tion, Auarodurmqua, omme of thee sachems into time arm: of the Frenchfor protection. anti cheiefs of thee Onondago muation,. ,Fi’om )leruce arose time hostilities timey corn- Sageimsadon, or 2agcm’/jata, one of thee sa- ~rrittedupon us jim 175’1 and 1755, armd time chems or chiefs of the Seneca nation, ‘liar that followed. The sasmee causes 2”bornas King, alias Sagui~sonyosmt,sacluemu ‘will have thee same effects. Votes of and chief of tice Oneyda muanun, 2’okaboy- assembly, vol. 6, pages 7—8. on, sacluem and chief of thee Cayuga na- Itfurther appears from Conrad We/se,”: tion, Wishaquormtagcmsh, sachem and chief Journal of his conference with time In- of the Tuscarora nation, on behalf f dimuns at Aug/mwick, ilmat time dissatisfac- ourselves and all the nations aforesaid,0 tioum with the purciease of 1754, was send greeting.—Whercas by a deed poll, general. They said they did not under- bearing date at Albany, the 6th day of stand the points of’ the compass, and if July, 1754, tIme sachems and chiefs of time thee line was so rome as to include time said Six Nations, for, &c. (f,’.’WO,) did ‘west brauech of Susqueleanna, tleey grant and confirm to Thomas and Rich-. would. never agree to it Wlmateves’pe’e. ard Penn all the hands lying within thee temuces there were for it, (for it was sug- said province, &c. beginnimug at thee Kit. gested theat the Connecticut comneis- toclutinnj or blue hills 0mm tIme west bamek of siommem’s were endeevoumriumg’ to treat for Susquelmanuma river, and thence by thiø some lands claimed by them, amed had. said river to a mile above thee mouth of a been making surveys above Simarnoken, certain creek called Kaarormrlinhai, (since ammd that this deed was intended to pre~ Jolen Pence’s creek,) thence north we5t vent the interference,) it is evident it amid by west as f’ar as the said province of left but a small part of’ tIme province to Pemensyhvania extended, to its western the natives, amid theatmoummtaimmous, and in line or boummdary, thence along the said a part,too, most open to thee Connecticut western line to tIme south line or boundary claimants Tlee lammdmm where the Slums- of the said province, then by the said armece and Ohio Indians hived, and time ~onthline or boundary to the south side of hunting’ grounds of time Deleewares, time the said Kitrocietinny bill, thence by time Want/cokes, and time Tuc’eloe.,, were all south side of the said huh aiong time said hill to the place of beginning, &c. And included. wleem’eas by an emmdorsement in writing on It will be evident also, that time course the back of time said’ deed, it was stipu- of time deed fi’one Kayarormdingimagh, or lated and agreed on time part of the said Fenrms.C’rcek, was greatly miscakemm, and theat thee line umorthwest and by west, proprietaries, by timeir agent, that wheen- would not strike time ‘msesierru boundam’y ever the hands in thee said deed, over time of thee province; but would most pro. Apalachian or Ahheghammy hill, ~i~~uidbe babhy imave crossed time west branch of ~cttied, time Indians wimo’ signed the deed were to receive a furtleer stem, uuot ex- Susqueimanuea, a few eeeiles below thee ceechimeg time consideration-money lie the mouth of Sinu:ernaimotmircg, and heave in- said deed mentioned, Sec. And whereas tersected,tlee nortimern boundary a little since the execution of said deed, it hav- to the West of Cucne’esaucgo creek. ing been represented to time said propri. Thee serious consequences likely to etors, that notwithstanding the said pur- ensue to time British interests, occa- chase was fairly imeache, yet thieve were sioned an application to the proprietors some among the Indians who were dis- en .Ertglan~, from thee government, gusted with the said purchase, and were through thee lords commissioners of des’mrotus tleat nil that part of the said pur- trade, and thee proprietors agreed to hi- chase for which theey were to receivea fur- nemt the bounds of time ptmrclease; and me ther consideration by the terms of the scm. commission was sent over, authmorizmng dorsemetet of the said deed should be re- amed directing a treaty to be held for served for them, they thee said proprietors, that purpose, which commission is in Thomas Terne and Richard Penn, dud aim- thee office ofthe secretary of time Land- thorize, appoint and empower Richeard Office. I’etess and Conrad Weiser, esqrs. their Previous to this treaty, great exer- agents and attornies, to release and sur- tions were made to bring about an ac- render to thee said She Nations all time commodation with thee Delaware amed lands comprised within the hereinbefore .S’iuawcm,me,re liedians, which was at length xec,ited deed, lying to the noyth’ward cued accomplished. Thmese tm’ansactiomes will westward of the Aileghaimy hill, provided be found en thee council books, aced in they the said Six Nations or theeir depu. time votes of assembly, vol. 4, p. 563, ties at time same time, did fully and effec. 583, 671, 672,, 681. tuchhy agree, stipulate and settle the exa~it Q, 12~

1784. and certain bounds of time residue of the not with propriety be said upon thi~ ‘.,,__~ said lands included ‘en the before mention- premed. ed purchase, which were still to remaiuu to ! Time last purchase of the proprietaries thee said proprietors, after such surrender from thee Indians, was made at Fort Staum. made, as by a letter o~attorney duiy exe— wix, November 5th, 1768, and was as cured by the said proprietors, dated 7tle of foiiow,. November last pair, may more fully ap- We Tyanhasort, alias Abraham sacleem pear. And ‘whereas at a treaty held at or chief of the Indian tmatiome called the ~aston, on the 23d October, instant, thee Mohocks Scnugbaie—of the Oneydas; certain and exact bounds of such parts of Ghenughimmta—of the Onondagos; G,mmmcta. tIme lands included mum tIme before mentioned rax—of the Senecas Sequarisera—of time deed of purchase, which are and sheall re- Tuscaroraa; 2agaaia.’—of thee Cayugas, seeaia to the said proprietors, have been in general council of the Six Nations at amicably and freely stipulated ~nclsettled F’ort Stacewix, assemb1t~dL~rthe ptmrpose. between the aforesaid sachenes aced chiefs, of settling a generaL botimudary line be- med Richard Peters amid CoNrad Weisem’, tween the said Six Nations, and their, esqrs. Sec. and arc hereby declared to be as confederates and deperideuet tribes, amid less fchlnwa, that is to say, beginning at the majesty’s middle colonies, seumd greeting, Kitmachrimeny or blue hills on the westbank &c,—In coumsideration of ten timousand of Smusquehanuma river, and running mhence dollars, they grant to Thomas Penn and up the said river, binding therewith, to a Ricleard Peon, all tient part of time pro. mile above the mouth of a creole called viumce of Pennsylvania, not heretofore pur- Kaarondicubah, (or John Peon’s creek,) chased oftime Indians, within the said ge- the’mce north west and by west to a creek neral boundary line, and begliuning in the called Buil’alo~’screek, thence wear to the said boundary line, on the east side of thee east side of Alieghmaumy or Apalachiaue east branch of the river Susqemehuammema, at ~uilhs,thence aioiug the east side of said a place called Owegy, and runniumg with hills, bindimug therewith, to time south line tlme said boundary line, down the said or boundary of time said province, thence branch oce the east side thereof till it by thee .said sotmtlm line or bo~s~daryto the comes opposite the iueouth of a creek soutle side of the Kittatimeny huh, tleeuuce called by thee Indiaues 4wandac, (9’awa;m-. by the south side of the said hill to the dee,) anti across the river a~mdup the place of beginning, in consideration ofthee said creek on the sonth side thereof, and caid surrender, and five shillings, Sec. And along thee range of hills cahied Bur,uett’s there is a covenant not to convey the re- hills by the English, aued by the Imeduans a’mdue ~oany persons else thauu the jeroprie~ on clue north side of them, to fors. the heads of a creek which runs immto the Recorded in book 1, vol.4, p. 488, Sep. west branch of Susqueleanna, wleucle tember Stie, 1~’68. creek is by time Indians called ¶tiadagbtOfl, Timere is a rude map anumexed to this and down time aaid creek omm the south; deed, intended to reprement tIme waters on side thereof, to the said, west braciclu of the line from Bugaloe creek to 4iiegleany Susquehanmea, theme crosaiumg the said river, mountain, which iimie is represemuted as amid running up thee same eu time scmith passing very rmear time junction of Spring side thereof, the several courses thereof creek with the Bald Eagle. It is probable to the fork of the same river which lies time true hhmme, relying on the correctness nearest to a place on the z~uverOhio, called of Howell’s map, wouid pass Belfont at the lCitlanniumg, amid from the said fork by me the mouth of Logamm’s bramech of Sprung straight line to Kittanning aforesaid, a~md creek, So cautious, however, were thee then down the said river Ohio by tIle se- proprietors, at this period, of offending the veral coursesthereof to where time western Zndiaues, by making surveys beyond the bounds of Chic said province of Pennsyl- line, that the most positive instructions vania crosses the same river, anti then were given to thee deputy surveyors omu this with the said western bueunds to the south bead; and as thee line was not run, nor its boundary thmeteof, and with the south exau~tposition kuuown, thee cud of Wiuazuy boundary aforesaid to thee east side of the appears to have been assumed as a station, Alheghany hills, and with the said hills an mend a ~vcstline from thence presumed to the east side of theume to time west line ofa be the purchase himue. The error was on tract of land ptmrcimasech by the said propri- the safest side, although it is now known etors frorre the 3ix Nation Indians, and time end of Nittatm~is several miles within confitmed Octm’mber ~3d, J,758 and then the deed of confirmation and surreuuder. ~vitimthe mmorthmerie bounds of titat tract to Zn many instances, applications, where it time tiver Suaqueiuanmma, and crossing the was ,pe’obable they called for lameds mueam~ river Susquueiuanmea to the northern bound- the itne, were ret?,imeed he the office, and ary line •of another tract of land pur. ~ndom’se4“qure, if in the purchase.” As ~ontroversmeshave existed, amcd may still chased of time Indiaues by deed, (Augtcst this~bomtmedaq,mote 22d, 1749,) acid then with timat northern ~ resptctin~ can- boundary line to the river Delaware itt tbe nom’th side of tIme mouth of a creek called creek on the routh side thuereof~all along •‘1794, Lec’hawaclmsein,theme up thee said river Dc- time range of leills called Bur,uet’s ~,i1ln,by haware on time west side tlmertiof to the intime Emughish, and by the Imediamus tersection of it, by aim east hue to be cue the north side of them, tothe drawn from Owegy aforesaid to time said head of a creek whicim runs into time west river Delaware,~,mmd then ~th that brancim of Susqimehommua, wh!ch creek is by east line to the beginning at O;vegy thee Indiaues called T,yadaghton, but by the aforesaid, Permimmylvammians, Fine Cued’, and dowse There is also in this deed a release of the said creek on time south side thereof time Indiamu tract in Conestogac manor, ice to the said West brauch of Susquehanmea, Lancaster county. then crossing time said river, aumd running }tecurded at Phihadel mlmia, iii the Roll’s up the same on time south side thereof, Office i,m book of deeds,1 No.3, p. 23, July the several courses thuerecf, to the fork of 12th, 1r81~ammd ad Lancaster, ium time re- time same river, whuclu lies mueares~to a corder’s office, in book U, p. 68, July 23d, place on time river Ohio, called Kittaum- 1781. suing, and from the fork by a straighet This deed incioset a part of Scruhl’s map, immee to Kittasmecing aforesaid, and theen dowse with the boundaries marked thereon, the said river Ohio, by the several courses The line trouee tIme canoe place, near the thereof to where time western boumeds of head of the west braneh of Suequehanna, thee said State of h’emensylvztumia crosses thee to time Kittanmeing was run, and is marked same river,” at the place of beginning. on the maps; but what was time boundary At a treaty held at Fort Zl~,i’Z,uoth,with on the northern side of the west brunch time Wyandott and ,Delaware X,cdiatu~,by was uncertain. To prevent controversy the iateee conmmissiomirrs, January, 1785, a with thee Indians, umo lands were perneitted deed was executed by those natiomms, for to be surveyed to the west of Lycomimeg time same lamuds, in thee same words, with creek, wieich was considered time probable time same bouuudaries, ‘which deed is dated boundary on that side, although many ap- January 21st, 1785. Bode these deeds, phicatioimswere deposited for lameds between e’titlm the treaties, or commferences, are print.. Lyconmimg ammd l’imue creek. ed at large, in time journals of the asmem— At the treaty at Fort Stanwix in Ocuo- •bly, in the appendix to time jurmeal of thee ber,1784, the Peummesylvania commissioners session of February—April, 1785. •were unstructed to emiqiumre what creek was Thus, in a period of aboumt one Imundred meant by 2~iai1ughton,mind also the Indian and two years has the whole right of soil name of Bur,mett’s hills, which was left of time Indians, within time cleas’ter bounds blamek in the deed of 1768 Time Imuduans of Pennsylvania, been extuguimimed. Time told them 2’iaa’aghto’m is the same we call iegmslature beimug umpprehemesive, that tIme Pine creek, beimig tIme largest emptyimug directiomus given to the comneissiomeers to into the west brammch of Suequelmanmea. As ascert’aiuu time precise boundaries of time prir.. to ‘Burnett’s hills, they called them the chase of 1768. might produce some iii.. Long Mou,ctaiims, and knesv them by no conveniences, declared, by u lee tlmim’d sec- other ceame. tion of the act of December 21st, ‘1784, At this treaty, a purchmase was mmmade of (post, cheap 1111,) ‘ Timat time said drec.. the residue of the Iimditzn laiuds withime tions did net give, nor ought to be con- thee limits of Pennaylvammia, amid tIme deed strued to give to the samd commissioners, signed by th~chiefs of time Six Nations, any authority to ascertain, definitively, the is dated October 23d, 1784, The bound. boundary lmnes aforesaid, and that the lines ares are thus described, ‘ Beginning on of thee ptmrchease so nmade, as aforesaid; in the south scde of time river 01mb, where tIme year one thousand seven hundred and thee western boundary of the State of suxty.eight, steikung the flume of the west Pennsyhvammi’a crosees the said river, near branche of Susqueimanmma, at the mouth of S’/.mingo’s old town, at the moutim of Bea- .t,ycomick ou Lycomnuug creek, shall be the ver creek, amed tiucuece by a due umortim mine boundaries of’time sarmue purchase, to miii legal to the end of time forty.secommd amid begi.m- intents and purposts, until thee general as— suing at the formy.timird degrees of north semmibby shah otherwise regimiate amid declare latimude, ~heueceby a dime east mine sepa~ clue sanme.” ratimeg the klmruy.second and i’orty.third de- It is meecessary to state, dual on the 3d grees of mmorth latitude, to the east side of of October, 1788, an act was passed, elm- the east braumch of the river Susquchmasmna, tithed, an act to ametlmoruse thesupreme ex- thence by time bommuids of thee late purchase ecutive council to draw on time suite tree. made at Fort Siamewix, time fifth day of surert’oe’ a summe of mreney, for defraying Novenber,aicsuu,Dounj,ujomee thousammd seven timeexpense of purehasiueg of time ludiamma, hundred and suxry.eighet, as folows lands on lake Erie, (chap. 1355.) By ~ Down time saud east brauecim of Sus- which act a sum of~C.12hJOwas ge’mmrmted to qtmehammna, on time east side thereof, till purchase tleo Indian rights, in time lake it comnes opposite to the mouth of a Erie tract, bargaiueed to be sold by the creek called by time Indians, 4msuu,mdac, United States to Fnu;u~y1vania,amid a hur— anti across time river, and op the said timer grant was added fat time Laune plum 1Q4

1784. pose, by an‘act of tIme 28th of Septem- Thee propi’ietoi’s professed not to t~eil ber, 1789, (chap. 1439.) any hands beyond the boundaries of the ‘—i—4.J Time Indian cession of time Fresqrre- purclmases. If surveys were made over Isle hands, ‘is dated ~anu’ary 9th, 1789, theem withsout their cor.sent, they were and is in these words.—” Thee sugmemng illegal and void. To hamme departed chiefs do acknowledge the rig’lmt of soil, from timis principle would imave occa- and jurisdiction to, anti oveu~timat tract sioumed wars of memost fatal hcimmd to the of couuetry borundecion the south by thee immrere~tsof time province; and would north line of the State of Pennsylvammia, have been a viohatioum of time most so- oem the east, by time west boundary of time iemnn euegagements withe time natives. State of ,Wew 2”ork, agreeable to the ces- Time line of duty was therefore plain, sion of that State and ,lhlaaraclmu,reits to and every morai and political obhigatioie, the Uuuited States, ammd on thee meou’tit by commanded them to pursue it. the margin of lake Erie, incluiding By an act passed in 1700, (chap. 20,). Presqume Isle,. and all time bays and. 1mev- it was enacted, “That if any person, hours along time margin of saidlake Erie, presume to btmy any hand of time natives, fromee the west buttndary of Pennsylvania, within the limits of tleis province and to wimere thee west boundary of time territories, without leave from time pro. 1~ State of .N~cs1’bu’~ may cross or interpm’ietaries thereof, every such bam.gai~ sect time south mam’gin of the said lake ou’ purchase simahi be void anti of no ef- Erie, to be vested in the said State of Iect. To this set there was a stipple. .Peeunsylva~uia,agreeable to an act of con. se’ment, passed February 14th, 1729.30, ~ress datedthee 6tle of June last, (1788.) (cheap. 312.) Time said chiefs agree, that time said By an act passed February 3d, 1768, State of Pennsylvania simahl anti ‘may, at (chap. 570,) after thee preamble in any time timey may thinkproper, survey, these wom’ds, “ Whereas many disor. dispose of and settle cull that part of dem’ly people, in violation of his majes- the aforesaid country, hying amid being ty’s pm’ochamation, have presumed to set- ‘west of a line m~unningalong time minute tle upomllameds not yet pum’chased from of the Conowago river, from its conflu- time Indians, to tlmeir damage amid great ence with time Alieghmany liver iumto thee dissatisfaction, which “may be attended. Qlmadoclmqzte lake, thence along time mid- with dangerous amid fatal consequences dle of thee said lake to the north emed of to the peace and safety of tleis pro- the same, thence a meridian line from vituce,” it was enacted, ‘that if any perk time north end of time said hake to time son settled on tlee unpurcimased lands, amuai’gin or shore of hake Erie, mmegiectcd or refused to remove from By an act of the 13th of April, 1791, time same within thirty days after they (chmap. 1556,) the govermmor was arutho- were required ~o to do, by persmns to rized to complete the purchase from be appointed foi- tleat purpose by time the U,mited States, which, according 1.0 governor, ct’ by hi~proclamation, cm’ be- a coheimunication from him to the iegiB- iumg so removed, should m’etuj’n to such lature, was done in Ivlarcie, 1792; ttuul ~ettlenment, or the settlement f any time consideration money, amounting to otlmer person, with or witbmoumt a0family 151.640 dollars and twenty-five cents, to remain amid settle on such lands, or paid in continental certificates, of vari- if any person, after such notice, me- ous descriptions. shied and settled cue such lameds, every Time deed of confirmation from thee such persome, so neglecting or i’efusiimg United Stateeis dated Meme’ch StI, 1792, to remove, cc’ returning to settle as ‘which is recorded inthe Roll’s Office,in aforesaid, or that sheould settle after’ deedbook, No.31, ~. 107, April25,1792. time requisition or notice aforesaid, be- A draught is atemmexed of the triangle, ing legally convicted, toes to bepuzuished as commtanniimgtwm)heemndred amed two thou- ‘coitlr death wit/mont benefit of clergy. But sand oume ieundred and eighty.seveme timis act was not to extemmd to persons acres. tlmen, or thereafter settled on time main These papers m’emaiue in time ofi’uce roads, or communications, leading of thee secretam’y of flue commonwealth. theroughm time province to ,Zi’ort Pitt, with Having thus given a cricmumected view thee approbation amid permission of time of time Indian purchases, and some no- commander imm chmief of imis mm~jesty’s tices of’ the discontent occasioned by forces, &c. or in thee neighbourhood of encroachments on time Immdian lands; it Pert Pitt, uumder such permission, or to as matet’iah to state time acts of the go- a settlement made by George ci’oglsami, vernumuent, legislative and executive, to deputy superimetecmdant of Immdian affairs, restrain theese illegal proceedings and under Sir William,~oh;mso’s,on the 0/mb, restore lmarmony between time province abnve the said fort. and the Indian tribes; cued finally to And if any person or persons, singly show their operation upon a certain oe’ in companies, presumed to enter ome cl~~sof lamedtitles. any øucle unpurcicated lands, to make 12g surveys thereof, mark, or cut down which they were quieted. All time dif- 1784. trees thereon, and should be convicted feremmt conferences and treaties ‘withthe tieereof, was, or were, to be punished natives are fairly entered in thee coun- by a fine of fifty pounds, and three cil books, to wimich access lmas been had ummontims imprisonment. to establish facts; thus part of thee note This act was limited to one year, and willthereforebe closedwith a brief view to time end ofthe next session of assem- of such acts on the part of thee exe- bly. On the 17th of February, 1768, an cutive as have been deemed material. act was passed, appropriating a sum of .A proclamation was issued July 18th, money to be applied to removing time 1749, in consequence of thee comumpfaiuet discontent of’ the Indians, &c, (chap. of tIme Senecas, previous to the purchase 571.) of 1749, commanding cii persons seated Anti on time l8tie of February, 1769, on lands not purcleamued of thee Indiames, an act was passed (cheap. 587,) with a lying westward of time blue lmilhs, ‘to similar preamble, to punish by a fine of remove tleerefrom; recitin~, among jive imumidred pounds, amid twelve other timings, “Theat these persomms had monties’ imprisonment, any pei’son or neither licemmse from the pt’oprietacies, persons, who, singly, or in companies, nor colour of title to said lands, and to should presume to settle upome any permit theta to stay there, would nciC lameds within the boundaries of this pro. only be a breach of the pcthlicfaitim gives vince, meat purchased of the Indians, or’ to time Six Nations,bert may occasiondan- wimo slmould make, or cause any survey gerous quarrels with them, and be the to be made of any part tieereo~or mark cause of umucle bloodshed.” Council ~orcut dowme, any trees thereon, with books, M, p. 20. design to settle or appropriate thee same At the treaty ‘which ended in~time to his own, or to the use of any other purchase of 1749, the speaker Ca,mam’sa- person, &c. (Galloway’s edition, page tego, nmemmtions theat he had seen thee 355.) papers, (proclamations,) ordering the This act, being witheout iimitatiomi, people to remove in consequence of (hue expired omehy on the extinguishment. of complaints made by thee Seemecac, amid all thee Indian titles. thmanhced thee governor for taking~notice The reasome of passinglaws so leighmhy of them, and taking measures to turn penal, will be foumud in time votes of thee tleem off; but, said he, we are appra- assemnbiy,vol. 6th, p.7—8. TIme intru- hmensive that no better effects will fol- ders who had been removed, had ye- low these, than former ones ofthe same trurcmed to theeir settlements. By time nature; if not, we must insist ocu it, that communications from Sir William, ~ohec- as this is ouc time imunting ground ofour cou- son amid General Gage, it appeared theat sins the Nanticokes and other I,ca’ians liv- there were apprehensions of an imme’ ing oem the ‘water: of the ,~‘~uuemiata,on use diate m’upture witie the Imudians; procla- ‘more vigorous measures, aomdforcibly m’e- mations lead proved to be inefFectual, swore them We StriCt not be deprived of amid it was earnestly reqnired thmat more our hunting coucutry, and icmdeed it will effectual provisions should be made for be an hurt to you, for all we kill goes that purpose, “before it should be (09 to you, and you have thee profit of’ all hate to prevent the devastations, cruel- tiee skins. We tlmerefot’e repeat our ecu’- ties and eiThsion of blood attendant on nest intreaties, that they may all be un- an Indian war, which nmiglet be expe- mediately thade to go away with timeir rienced soocm, unless active measures effects, theat this country unay be entire- were adopted, for the e’edress of thee ly left vacant, ibid. p. 36. This was grievances of whicle time Indians cone- promised to be done; and some kind of plaiseed.” foc’ce became necessau’y; whiche will Indeed, so desirous was time govern- produce to view a transaction ever me- ment to prevent any cause of uneasiness mnorabie in thee lammd history of Pennsyl- ‘wmtle thee Indians, neat in April 1760, an vania, act was passed (cheap, 456, vol. 1, p. On the 25t1e of May, 1750, governor 227,) inflicting flee penalty of fifty Hamilton immformed time coummcil, that pounds, and twelve momities’ imprison- Mr. Peters time secretary, and Mr. lVii- snemet, to ieunt, or follow wild beasts, ftc, ~ser,time Indian icmterpretumm’, were tleea without the limits of the lands pur- in C’usmrberland county, in order to take chased. of the Indians by thee propnie- proper measures, witim time magistrates, taries. to remove the settlers over time Imills,’ We have already given some account who head presumed to stay there, not. of the complaint of the Indians against ‘withstanding his proclamation; anti laid thee encroacimments on their hands itt before tleem thee minutes of a confer- Tulpeheocken, on the hands on thee Juni- ence held at Mr. Grog/man’s in Pennobo- ata, over time Kettatunny hills amid iue the rough townsieip, as ~vell with Mr Men- fcthcs of Ilelaware, aueti t1n~manner by tour, as with some ,S’Izan;okiou amid Coner- togoe Indiasms. Time Indians expressed complaints, amid to gratify thecuel by rea- timemselves pleased, to see them on timat sonable purchases, or in such other neat- occasiome; and as the coumeoiL at Orion. ter, as you shall find neost proper and uiago had this matter exceedingly at agreeable to them, for inch hands as have lmemmrt, they desired to accompaumy theema; beeiu sunwarrantably takeum from them, or but, said they, notwithatameding the care for mmdc other as they may have a deuce -of the govermmori we are afraid that this to dispose of.” Ibid 341. may pu’ove like marcy former attempts Time proceediu.gs of this treaty enter time people will be put off’ meow, ~nd deeply into the pr~viuciaihistory of this come next year again; and if so, the country, and but a small part of it is ap- Six ~‘atiommswill meo longer bear it, but plicable to the subject of this note. Tlue do the’mselvesjustice. Theen follows time editor cannot, however, avoid rermmaskiumg, report of Mr. Peters, entered at large, that imere may be traced, 1mm considerable ahd also printed in the votes of assent- detail, time artful measures of persoums pre- bly, vol. 4, p 137. By whmicim it appears, tending claims under Connecticut to lands that on thee 22d of May they proceeded within the charter bmmnds of Pe’nnoylvarria, to a piece on Big Juniata, about twenty. and their clamidestine proceediuigs in ob- five miles from its mouthe, wimere there ,tainimmg a deed irom cettaiim Indians for’ were five cabins, orlog houses, oume pos- the Susque/ianna laumds, after the sale to sessed by Willia’m White, ameotheer by Feeiem,~,ylva,mia,amid a femil view, exieibited George Ga/moore, thee others by men of time by time proprietary commissioners to them, - names of HiddIe~tori,Galloe’uay, amid Ly- at their own request, of all the original con. These mcmi, except ,Iiycon, were deeds; the cause of’ infimeite trouble and convicted by thee magistemes upon view, expemmse, thee effects of whmicim are yet ~in pursuance of thee net of February painfully experieimced. At this treaty, 14th, 1729-30, (chap. 312,) and thee also, a plan of union amomug time cohoumies, cabins were burnt. A number of cabimes was drawn up and adopted, to be laid be- were also burnt at Shearu,uan’s creek, and fore time respective colonies, on principles Little ~uniemta, 0mm the thirtieth of May, which have since more cxtemmsiveiy and tlmey proceeded into thee Tuscarora path, beneficially been c,mrried in~oeffect by the or Path valley, and burnt eleven cabins; constitution of the United States. at Aughmwick, they burnt time cabimi of Proclamations for the removal of cer- one Cbarlt~ri,and another unfinished one, tain settlers an Guahietuuik on Deinware, and timree were burnt in the beg cove. Time Feb’y 20dm, 1761, council books, S, p. settlers, who were miumeromus, were recog— 85—aod September 16th, 1761, Lb. 179 amized to appear at time following court. aumd June 2d, 1763, ib, 387. The report is long, but interesting, anti Theroyal proclamnatiome of 7th October, may be read,ly referred to in time printed 1763, expressly prohibited any settlements journals. Every puohic document thus in- On lanmis unpurcheased from the Indians, commtesnibly proves the invalidity of set- and conecn’,tumded such settlers forthwith tlements and surveys oum thee emumpurcimased to remove. lb. p. 431. territory. See minutes of council, Book, Proclamation commmeaumdimmg settlers on M, p. 58 to 7L unpurclemesed Indian lands ummediately to April 18th, 1753, commission and li- evacuate and abandon them. Council cense to Andrew Montour, to settle and re- books, ‘1’, p. 121. Dated September 23d,~ side in any place he should judge comeve- 1766. - silent and ceumtrah, and to preserve the - On the 24dm of February, 1768, a pro. lands from being settled by others, and chanmation was issued by governor ~oba ‘wane all ‘off who lead presumed to go Penn, whicie, after recinlueg the act of Feb. there; and to report thee names of such rusry 3d, 1768, (supm’a) proceeds thus. “In as settled there, that they might be prose. purstmance theretbre, of the saud act, I have cuted. Ibid. 151. thotmght proper, by time advice of thee coumm. - The ~eruceedings at Albany in 1754, cil, to issue this my proclamation, hereby leave been already transiently mentioned. giving notice to all amid every suclm person One of time great objects of’ that treaty and pem’sons who are settled tupomm any was to remove the discontents, and litnds within time boummdarmes of this pro- strengthen and confirm time wavering fidel- vince, riot purchased of lIce Imudians, by ity of the Si~Nations; and, as is express- thee proprietaries thereof, (except as in the ed by the lords of trade, “at so critical a said act is excepted,) to remove them- coumjsncture, to put them upon their guard selves and their families, off’ and from time against any attempts whicle may be made smmid litnds, on or before the first day of to wmthdraw them from his majesty’s jim- May next ensuing, Amid I do hereby terest; and that nothing may be wanting strictly’ charge and command such persomi to coueviumrethe Indl~nsof time sincerity of amid persona, under thee pairms aeed penal-. our mntentions, you will do well to examine ties by the said act imposed, that they do into the complaints they heave made of be- hot, on any pretence whatever, remaumi or ing de~f~’uudem1of their lands, to take all continue on time said lands, homuger iliaC proper and legal methods no redress their thirty days after the said first day O~’ 127

May next.” Council books, T, page Thomas M’J3’arlanrd, IVestinoreland, 1784. 288. May 1797, befum’e 2”cates and Sm-it/u, Jums- The next matter to be considered, is, tices, hISS. Repom’ts. Time plaintiff claim- how far ,judicial decisioum has strehgthi. ed ummder a warrant for 200 acres of cumed and supported thee principles ap. hamid, including an improvement, tin the pnu’ent 1mm all time foregoing’ pi’nnceedin~’s. evatci’s of Sewickly, &c dated 24th of In Plunvsted’s lessee v. l?udebaglr, June 1785, and a deed poll of time im- Wemnorelanu’J, May 1795, before M’- provement from ~ohunLa,pdick to William Kearm, C. J. and Ycates, J. MSS. Re- .hhfonnrt, dated 11th ofJanuary, 1775, and ports. PlaintifF claimed unmOor a special ammotleer deed f~nm .ih1’orsnit to S/mere,-, order of sum’vey to .D. Franks, on the 1st dated 21st January, 1778, and hme offered of’ April, 1769. Surveyed in Juume, 1769, to prove, that one Abraham, Leasure auecl fohlowed by patemmt, in Feb’y, 1787. made a comesiderabie iunproveenemmt on Tb~defendamet ofl~redto prove, that tieese lands in 1768 amid 1769, before time his fintheer, Christopher’ Rnndebag/i, settled opening of the Land-Office, amed tieat - cmi these mmmdc imm 1761, bef’on’e the In- ~o/sn Loydick derived title under him: diami purchase, in conseqtmeueceof a miii. This evidence was objected to. tam’y permit fi’oeee colonel Boquset, which By the corurt. We are no enemies to lee alleged was lost by time casualty of bonafide improvements, restm’icted with- fire ; but that his uniucterrupted posses. in rational limits; but these were never siun until imis (ieathm would be presremp. deemed to exteued beyommd the lands pur- the t-videmece thereof, and timat lee lead cleared from time Indians, Suche asystem. made consideu’able improvements thieve- ~rould be wild, as well as highly im- on. (Defendant had ol)tained a warramet politic, and would tend to deluge time fom’ time land 1mm Deceucuber, 1784.) country in blood, by pm’ovoking time sa- Tleie evidence was excepted to, and vage nations to heostilities. overruled. Under time law of 3d of February, By f/se C~rsn’t.—Howcan time parol evi- 1768, all personscvere interdicted from àeuece edI~ct time present question of settling on time Indian haumds, tinder the right-? In 1761, thee soil belomeged tothee lmig’leest forfeiture known in society; Aborigines- Neither time act of’ assem- and by an act of 18th of Februam’y, 1769, bly, m,nr the proclamation of i768, gave pem’souis nmrticing such settlements, or time settler before the Indiame purchase making surveys, or msrkimmg, or cutting any title to time haneds By the act itwsms clown trees with design to settle, or up- mmmdc Imighuly penal either to make prnpm’iate such lands, incur a penalty of other settlemeimts ore the InmdIun larmcls, /~‘.5OO, and twelve neoneties’ impm’ison- or not to remove from those already macnt. It, cannot be possible, that such made. daring iumfoimegers of time laws, coulni 0mm time opening of time Land-Office, gain amey title by ummautheorized acts oP on time 3d of Apm’il, 1769, it was trespass, against time sohemnue dechoi’ed dared “ Theat those who had settled will of the community? planetations, especially those who lead It must be admitted, that the lords of settied by pei’neissinmme of tIme command- the soil lead time exclusive s’iglet of dis- ing officers to time cvestwam’d, sleouid posing tieeir lands in tleeir own mode, have a preference ~ does this Immediately after the Indian treaty at prefem’emece mean ? 1)cx’s it not suppose Fort Stanwi.’c, was closed on time 4th timat an application shamtld be made by November, 1768, the people were pub- such settlers, to time Land-Office, - on licly notified, that improvements ome thee - 3d April, 1769, or in a s’easommabhe time, newly purchased haimds ~houid give them stftes’wartls, for tleisfcnenour, in om’der to mmo advammtage ‘whmatever; amid thee same seemnue their possessions 1 Neitimer old imsformtttion was given cue time opening .Rud~bag/u,umor imis son, applied for amey of the Land-Office. It cannot timere- supposed preference of these hands tun- fore be doubted, but that to obtain a cii December, 1784, above fifteen years title to the lands lately sold by time na- aftt~rtime conmmenceneeuet of thee plain- tives, it cysts absolutely necessary to ap- tmfi ‘s title ; amid this will not be pm’e- ply to thee Lanmd.Office in time usual amid tended to he in clue and convenient accustomed method. time To introduce witnesses to prove Simeim hmave been the uniform decisiomes thmese improvements wotmici, in our idea, of Courts of justice, in wimich we fully be irrelevant to time point of right, after acquiesce. To establish a contrary doe- much guest negligence. Such a mea- trimme, would imetroduce insecurity of hen~f~would make the titles of hands, property, mend every species of mis- whIch should, be permanent amen fixed, cteiof~ The testimony offered is there- to depend on parol evidence, amed opeme fore overruled. - a wu4e door to pce’jtmi’y.—-Verdiet for Defemedant ciaimed usmeder an applies. - plaintiff. - (ion of 3d of April, 1769, a survey anc~ So, in the lessee, of .Dczvid $Ieerer v. patent. Time elainttff suffered a meoumswt. 1 128

1784. AntI, ~n.Th’hsker’s lessee, ~v.Hunter, liens Penn; but they tIkinot rely solely Northiumkeriand, October, 1796, be- thereon. They bought theelandsfrom thio i...,~J fore time same judges. (MSS. Reports.) natives, and gave them valuable consi- The court after arguments declared deratiomms thmerefor. Hereime they evinc- tlmat no settlement on, or emliprovement ed astrommg sense of mom-al honesty, as of lands out of the limits of the Indian well as sound extendedpolicy. It came- purchemises, after the lawof 3d of Fe- not, therefore, be presumed that the bruary, 1768, gave any pretensions of proprietaryofficers knew time lands sur- pre-eunption to thepartiesmaking theem, veyed for conrad Wther, to be witheout or shadow of title, nor wouldThe cnmurt theelimits of thmeii- purchases. It would. suffer evidence of such settlements or form an exception to tieeir uniform es- improvements to go to thejury. tablished practice, and ouglet to be And in a still stronger case, at the clearly shewn. Time warrant in all pro- same court, (MSS. Reports,) in the bability, pursued time terms of time spe- lessee of ,Fercr TF’eiser, v. SamuelMoody, cial order, mmd wasfor iands “in some Thee plaintiff claimed tinder a patent paul. of the new7 pum’chmaue.” Theorder dated 7th of July, 1755, issued to Con- to Samuel 11 ’eiser, to make the appro- rad Wèire~’,his grandfather, in consi- priation, called for lands aa~ralldietanc’ deration of his services, as interpreter from another tract, which was confess- to time Six IndianNations, and of £. 5. edly witlein the purchase. If otlmer It recited awarrant dated 21st of Jan- words were used in time warratet, miam’y, 1755, (cvhiche was not sheewn in it ought to be ahewn; amid its absemece evidence,) and asurveythereon of 305 induces apresumption, that’mf produced, acres, 36 perches, andallowance made it would operate against time party. No on the 9th of June, 1755. mountains or waters are to be seemm 0mm Thee warrant issued in consequence the survey, from whence it might be of the special d’mrectiomms of the late inferred, that the lands designated proprictaries, dated thee same day. It thereby, were out of the Indian pur- was aim order in favourof Conrad Weiser chase. If the king is deceived in his raid ilichuard Peters, for 4000 acres, in grant, it will be avoided. Ammy contract ~~nypant of f/se new pun’chiase lately made or deed will be vitiated by ahlegatio of the Iumdians; amid thee deputatiosm from faLm’i, ~1veru~preasio~.mcri.The plaintiff Pic/sola~ Scull, the Surveyor-General, suffered anomusuit. to ,Samuel Weirer, was tosurvey for his This principle is fully recognizedin father, a tract on Susquehmanna, a small ,Aple’~lessee v. IV/uite. Both plaintiff distance above the tract lately confirm- and defendant hadsettled on time Indiami cd to hmim This tract lay two mailer land, on Juniatsm, previous to the pur- from thee land in question. chase of 1754. Neitlmer of them, ssy* Nothing appeared on the face of the thee chief justice, can derive title from survey, or any of time papers produced the date of thmeir improvements, beby time plaintiff, wlmich could leave de- cause they were made against law, on noted, that time lands in controversy lay lands ueot purcleased. of time Immilians. 1 outof the then Indian purchase, wheiche Binney, 248. This case will be agaimi was admitted to be the case. cited for otiicrpum’poses. Time defendant chaiened under an ap- As settlements under military per. plication dated 24th of May, 1769, af- mmts arc excepted by time act of’ Februi ter the treaty at Fort Stan’wix, descrip- ary 30, 1768, aumul tlee proclamation of tive of the disputed groumeds, and a tile 24th of thee same nmonthm, It is pro~ survey made thereon, on the 23d of per that class of cases should be C0fl55 August, 1769. dered here. During time Imedian wan’- The court declared their opinion to fare, it was necessary for time accom- the jury, that if thee late pm’oprietaries, modation of the armies on time limec of or their officers, knew that the hands their march, that smmch settlements surveyed for Qonurad Weis~cr,layout of sleould he enconerageci in time wilder- the then Indian purchases, and granted ness. Antiit was reasonable, that per- them under full kumowledge thereof, the sons who by such permission, hadset- patent would enure for the benefit of tled plantations, at time risque of tlmemm? thee patentee, when time lands came af- lives, for public accommodation, (timi’ow~ terwards to be purchased of time Inch- menu; and the proprietaries could not ing aside all motives of private iumte pass the title to a stranger. It might rest, which, no doumbt-, had their influ- be compared to aperson’s selling lands ence,) shmnumidhave time preference, ~hemm without title, andafterwards obtaining thee oiiice was open for time sale of Ume a right thereto, where time vendor hands. Steele preference was accord- would Imold in trust f’or the vendee. ingly given. The propr’metas’jes enjoyed a grant In Blai,re’s lessee s,. crawford, 41kg/ia- ny, .SfKeanr, from Charles II, to thei~ancestor lvii- May, 1793, before C. 3’ anti Tmstes, 3. (MSS. Reports.’) It iS recognized as a primmciple, that a mili- With respect to the state: of lilèti. I 7R4~, tary permit to settle and improve lands, ~er:ey, there could be no controversy ~ is not to be regarded, unless followed as to time general boundary of’ the river #ew.t/sr,cy, by a settlement ~nd impm’ovement. Delaware, but time jurisdiction in and In, the lessee of Todd, ‘ci. .dcker~nan, over that river, amid the islands therein, Westsnoreland, May, 1793, before became time subject of compromise. M’Kean, C. J. and Teatee, I. (MSS. Re- An agreement was accordinglyenter. ports.) A question was raised, whether ed into by time two states, by means of a persome claiming tinder a military per. commissionem’s, on the 26th of Aprih~ wit, did mmot lose his prefereuuce, by not 1783, aumd ratified by act of assembly, entering his application on the third of passed 20th of September, 1783, (cimap. April, 1769. 0mm the single abstract 1024,) mull which may be neen at lam’ge point, it was held, “that a settler tin- in timis volume, ante. page ~7, amid need der a permission of a commanding of. not be repeated here; see also an act fleer, to the westward, did not lose leis ammumeximeg thee different islands jim tlm~ pm’efem’ence by omiuiueg to apply to Delaware allotted to this state, to thee the Lamed-Office omm time third of Apm’mi, jurisdiction of the adjoiuming counties, 1769.” But hiow early sucie apphicatioie 26th of September, 1786, (post. chap. ought to have beeme made, was not theme 1234.) decided. It roust be in a reasonable With respect to ,N~’w-York,comneis- j~w.rotk, time, as mentioned above in Plusmsted sioners were appointed, in pursuance amed Eudebaglu. of an act passed 31st of Marclm, 1785, But, me ~he lessee of Bernuard Gratz, (chap. 1143,) to ,joium with commission- v, Patrick campbell, Westmorehand, No- em’s on thee part of thee state of .Wew.2’nnrk, vembem’, 1800, before Teates and S’nnith, to ascertain time nortleerme boummdary of Justices, (MSS. Reports,) The plain- this state, from time river Delaware, tiff’ clammed a moiety of thee land under westward, to ~iec northwest coiner of a special order to DavidFranks, of thee’ Pennsylvania. This duty was executed, 1st of April, 1769, a scmrvey tlmereon amed time limme ruin anmd marked, which. made 1st June, 1769, and a conveyance line was ratified and confirh~edby aim from Franks. act passed September 29dm, 1789, (post. Time defendant offered to shmew, that chap. 1446,) wlmiclm, as it may be seen he made a settlement on these hsnds mm at large in timis volume, need not be re- 1761, before thee Indian purchmase, un- peated in this note. By an act passed der a military pem’mit, ‘wheiclm he assert- 27th of March, 1790,(chap. 1489,) thmree ed to have been lost; amed that C’Iuristo- leundred poummcls were granted to Read- p/icr Hayes, the agent oftime said Franks, inng Howell, for delineating on his map lead agreed to time rummnimmg of a line be- all the lines of this state, as establish- tweemm helm and heir principal. It was ed by law, or otherwise fixed and as. admitted, tleat lee took out no office- cei’tained. riglmt until 1784. The draughts of time De1aivai’e~and But time Court said,that roche evidence, time boundau’y line between this state, of in a case so circumstanced, would in. and time state of New.Yom’k, m’eturmmed troduscethe utmost conftusion, and impair by time respective commissioners, are former determinations. Here it is not deposited in the office of time secretary attempted to show by parol evidence, of die comimmonweatle. that such a nmiiitary pernhitever existed. A considerable part of time lands no’cmt Bet if this had beeue sleewtm, it was in- within the jurisdictioim and boundaries cumbent on the party too btain an office. of Pennsylvania was claimed to be with- right after ~leeopeumimeg of the Land~0f- in time dominion of Virginula, and was Virginia. flee on the third of April, 1769, or in possessed by rights under timat colony. a reasonable time aftee’wards; and no I~was determined in 1754, to build a case lens yet gone fuim’tleer timummm by ex- fort, to pu-event the encm’oachments of tending that time tr, the monthm of ,~uly time Fm’encim, at the Foe-k of ,M’onsongalue- following. Here thee warrant was not la, whmei’e Pittsburg now stands. Anti obtained till 1784, and time military per- to encoimragi~the enlistment m’f tm’oops, neit had, long befinre, lust its prefem’ence. time following proclamation was issued, As to thee consent of Hayes to a hinee, it by governor Diizwiddie, on time 19th of can heave no effect, unless lee was au- February, 1754: tlmorized to settle boundaries. Time Wieen’eas it is determined, third a evidence was over-ruled, and verdict fort be immediately bum~l on time river for plaintiff, ‘Ohio, rut time fork of .Mononngialo, to op~ Before we proceed to time general pose rmmi’~further euecroachemeunts, or imos- subject of’ time Land-Office, it is proper tile attempts ofthee Fremmcle, and thu- Indi~ to bs’ing’ into ‘view chic public tu’ansac- ames in their interest, amid for time secnum’ity twos respectung boundaries with time mind protection of his majes~y~5subjects mmdjoinmueg states. in this colony, sued as it is absolutelyne- VOL. IL 1% I ~O

1784g. cessary, that a snmfficietet force should Ohio,) without prejudice to enu’ m’h~Im~ ~ be raised to erectamedsmmpporttlme same: to thee land, in case it simould be found For an encouragement to all wimo shah to lie within oner province, to be grant. vohumntarihy enter imeto the sand service, ccl to time bona jlcu’e settlem’s on the seine I do hereby notify amid promise, by amid rent and conditions am’ they are to have it with time tidvice and consent of his ma- from Virginia. July 13th, 1752.” jesty’s council of timis colommy, that over “ As Mr. Penn’s expectations herein and above their pay, two hundred tlmoum- appeal’ tome extrernehy seasonable, anti ~auedacres of his majesty, the king of cannot, 1 uepprehmend, at all mntem’f’ere Great-Britain’s lands, our the east side withe the well judged encouragement of the river Ohio withein this dn,min~on, you have tleou~hitfit to promise to such. (One leundred thousand acres whereof as sheall eimter into this service, I flatter to be commtigmeouis to the said fort and myself you will find no difficulty in mieak- thee otimer one hundred thonnmamrd acres ing the acknowledgment tieeremn men- to be on or mmear the river Ohio,) shall tioned, as I on my part am ready to give be laid off and granted to such persons, you amey assumiamece that time bona~flmleset- who bytineir voluntaryengagement, and tles’s Bhahl be entitled to tIme hands ummder good behaviour, in the said s~rvico, this government on thee same rent and ~haiI desem’ve the same. And I further conditions as are granted by yoti, promise, that time said hands shall be di- Mam’ch 21st, 1754~goves’meor Dinvyiddie vided amongst them immediately after writes in reply, “I am much misled by time perforumance rif time said service, in a our surveyors, if time forks of .M’onongj- Iwopot’tion due totheir respective merit, ale be ~ithi~ the limits of yotut’ Propri- as shmail be represented to me by their ~ grant; I leave for some time wrote officers, and lucid and enjoyed by them home to have tIme line ruin, to have thee witimuiut paying tiny m’ighmt’c, and also free boundaries properly kncmwn, that I may from the payment of quit.rents, for the be able to appoint enagistm’ate~on the term of fifteen years. And ‘I do appoint ‘Olulo, (if in theis government,) &c. this proclamation to be read and pub- In the mean time, third no lmimmdi’armce hisleed at the commrt-hmouse, cburclees and may be given to our intended expedi- chapels, in cache county within this co- tion, Ithink itimigiulyreasonable, if these lony, and tlmat the sheriffs take care the lands are in your Proprietor~sgrant, that same be done accordingly.” time settlers thereon should paythe quit.’ As this proclamation was transmitted rents to Mr. Penny and not to his mnajes~ by governor .Dinwiddie to goveu’nor Ha- ty; and tieeref’ore, as much as lies in m,jilwn, thee latter gentleman wrote theus, my power, I agi’ee them’eto after time in answer, on the 13th of March, 1754. time granted by tinene by my5 proclama- “The invasions, &c. having engumged tion to be clear of quit-rent, ceases; mmmc to inquire very particularly into time but surely I am from all huuummds assured, bounds and extent of this province west- that Logs.town is far to time west of Mu’- wardly; I have from thence the greatest Penn’s grant.” reason to believe thmat the fort and laumds This fort was slmortly afterwards, talc- (imetemmded to be ge-tinted,) au’e re:mhly en, and possessed by thee Fs’emuçh wider within thee limits of Pennsylvania. In thue mmanie of fom’t Dus Quwne; tind the duty to my constituents, therefore, I military grants never fully took place; cannotbut remind you ofwlmatlhmadthme but divers settlements head ft-out three to leonoter to wi’ite to you some time ego, time been made under Virginia rights, upon timis subject; and transcribe for whmi~hin time amicable settleummemiut of tIme your commsideradon time following ex- boundary, in and after thee revolution, tracts from two letters of the honroura- were ptovided for as follows. ble Proprietor ‘fhuornas Penn, in relation By an act passed April 1st, 1784, to this matter. (post, clump. 1088,) a ces’tain agi’eememmt “I desire yonm tvihl enter into any rca- between time state’c of Pennsylvania anti son’abie measures to assist the governor Virgimeia, concluded and signed, ome the of Virginia to build a fort there, to wit, 31st of August, 1779, was recognized at time Ohio, taking saint acknowle~menut and lineally ratified, togetimer with time ,from hIm, that this settlement shall not conditions pm’oposed by the state ofVii’- be marie use of to prejudice our sight ginia, in their resolves of the ~3d of to timat countt’y, at time same time yotu June, 1780, as follows; to wit, “That pvc him assue’nnce time settlers slmahl cmi. thee line commonly called Mason anti joy time hands they settle bo,ua flde on ,liixon&’m’ line, be extended due west, five the commoim quit-rent, &c. March 9th, degu’ees of longitude to be computed 1752” from time m’iver Delaware, for the south- I ieope yore will, as I wrote you on ern bousmedau’y of Peuensylvaneia, and that the 9th of Marclm, acqmnaint time govern- a meu’icliaue drawmm fi’oin thee westcm’n cx- or of Vurgunna that we consent to tlmis, tm’emity tbmem’cof, to time northern limits (that is, to tli~buildimmg of a fort at of thee said states respectively, be the 131 western boundary of Pennsylvania, for- consideration of ~C.S00, wimo, on time 1 784~ ever, on commclitioue tieutt time private pro- 24th of November, 1789, obtained a perty amid rights ofall persons, acquired waru’ant for 200 acres, iuecluding Pro- under, founded on, or recognized by, vance’s improvement, whmeu’eon interest time laws of either country, previous to was to commeumce from time 1st of time date hmcreof, be saved and comefirmed March, 1770, but got ceo survey. to theem, althmough tlmey should be found The defendamet, as temmanmt to ,~ohu to fall withein the othmer, and that imm de. Harden, claimed under two titles. 1st. çision of disputes timereon, preference An application of ,7obmn Husk, for 300 small be given tothee eider, orprior right, acres, ome thee west side of ,M’o,uonngabuela, wheich ever of time said states the same at the mouth of Big White Lick almall have been acquired under, such creek, dated 13th of Jumee, 1769; a deed persons paying, within whose boundary from Husk to Hardens, in consideration their hand simall be included, the same of £.5O, dated 20th of April, 1783; purchase or consideration money, wimich amid a survey of 222 1-2 acres, made aim would heave been due from timem to the thee 18th of Jnmly following. 2d. A cer- state under which they claimed the tificate of the Virginia commissioners, right, &c. This agreement, and commdi- “That Edward 4n’sken is entitled to 400 tions annexed, had been adopted by re- acres, on Monongaheia rivem’, ome the solution of the legislature of Pennsylva- mouth of Whm’utely ce’eek, to include clue nia, Sept’r 23t1, 1780. settlement and improvement whereon Tho- Hence has ariseum, in Pennsylvania, a mas Provence lives, made in 1767, dated pau’tieuhar, local, species of’ land titles, • Ptle Feb’y, 1780, wleich was regularly out of time common terms and usages, entered with the surveyor of the coumm- of the Lamed.O~ce,and laws respecting ty, on the 7th of Marcie following; anti it. a conveyance from An’skens to Harden, To connect thee sumbject, and, as much dated 20th January, 1783, in considera- as possible, to avoid confusion in so long tion of £.200. a note, the cases decided on this part of Evidemece was offered to prove, that time general subject, will be lucre given. Arskonu was no settler urmmder the Virgi- In Smith’s lessee v. Bazil firown, Fay- nia law of 3d of May, 1779, “by makin ette, “May, 1795, before M~.X’can, C. J. a crop of corn, or residing ome time lan and Teates, 3. it was held—That a prior for oune year befou’e the ist of Januan’y, improvement under Pennsylvania, ~icah1 1778,” and tlmat if be asserted Imimseif prevail against a Vim’giniacei’tificate, ten- as such to time commissiones’s, lee was der the compact betweenthe two states. guilty of misrepresentation amid gross Time custom of p’anting the hands to deception, which would leave been cx- real improvers, is recognized by our amimeable by thee chancellor of Virginia, laws. Between cha’imauets tinder Vu’- either as a fraud, or trust. Bud oum thee g’mn’ta, the certificate of’ the commission- face of thee certificate, it would rathmer em’s is conclusive, but not where one of appear, that Arsicemm did not claim cin- thee parties claims under Pemmnsyi.yanea. der a settlement made by himself, or Thieve can beno doubt, but that on every others for him, but would avail him- principle of moral and political obhiga. self of time improvemcumt and settlement tion,thee compact betweenthee two states made by Proveruce in 1767. should be held iumviohate. M.5’S’. Re- This was oppesed by defendauet’~ pasts. coumesel, who contended that time certi’ This case will be cited more at large ficate was conclusive cyidemmce of time upon anotimer point.— facts whuich it contains, ammd csnnot be And, in time lessee of .S’asnuwl .F~~dcv. cmimeti’adicted by any proof consistenUy TbTrlhiam Torrence, W’ashui;ugtoru, May, with the solemn compact betweno. the. 1799, before Teates and Smith, Justices. two States. It emust be considec’ed as MS’S. Reports, The plaimmtiff claimed the judgment of a court of justice, act- the premises tinder an early improve- ing on a subject within its jurisdiction. ment made by Thames Provenmce, which. The laws of Virginia must govern. It ~rmgmnatedin 1767, amid was continued must be pm’esumed that time s~tsof thee umntii 1783, witimout interruptiomm. On thee commissioners were righmt,f’ui,ly done, Stlm of May, 1782, lee r.ommveyed to Aaron and that timey did not exceed tlmeir au- ~e,nkins,lie comesidee’ation of ~,200, whir tleor’ety.. Their duty was to adjust the leased to ~‘oseplcRoss, under thee ~early claims of settlers, aued it is absurd to rent of 150 bushels of corn; aied time suppose they cvouhcl give a certificate to tenant afterwards improperly pem’unitted any oume,without PrevmoUslydctermin’mmeg .M’arzznu Harden, time son of defendant’s that lee was a settler. If Prove.ncc~me- landlord, ~to come into pussesaioo, on tended to controvert time truth of h~ hems receevmuig a bond of indemmmification. c~m’tjflcate,he might leave prosecu~t~ 0mm time 26th of July, 1783, ,“fenithus con- imis claim by appeal to thee general court veyed ~o time lessor of thmç phaimetifi’ ~n before the 1st of]~ecember,17$Q, lb .132

1784’. no othei way could the certificate be improvements madethereon before time 4th, ‘_ inepuugned. It is admitted mIt tt cmi el- of November, 1768 But here his set- 4cr, os~prior right under Penunsylvania tlememmt has been continued peaceably may be opposed to it,but non’ smmcie cx- down umetil 1783; when he was stripped ists here. After the 1st of December, of pnmssession by a trick practised on ~780, the certificate could not be con- hmis tenant Opposed ‘merely to thee the’ froverted inc Virginia, by thee laws of that fendant’s Virginuia ceu’tuficate, if thmei’e State; nor, iii Venmesylvameia, aster thee really was no settlement made by ArsL’en, compact. Provence dud not prosecute his improvements amed peaceable pus” his right before the Virginia commms- sessi”n oughtto prevail. siontem’s, nor by appeal to the genem’al Whethem’ the application of .llhsk, oommrt: anti he cannot set up a title on- calls for then hand wuthm cleam’ness amid dee’ his improveneent begun before time precision—tVhetlmer it has been abate- treaty at Port Stanwix, oum time 4th of doned, ou’, the not obtaining a sue’vey Novembeu’, 1768 them’eon, until 1783, can i’atiommahly be By the court. is a Virginia certificate acci,uumted for, under time circumstances undemmiable evidemmce of the facts set of time country resultimeg from a conflict forth in itloris it competent to a claim- ofjui’isdicsiomus, sure matters of fact to ant under their State, to examine into be determined by time jury, but timereon the merits of steele certificate? This is the veu’dict ultimately depemeds. Verdict ~he mere abstract question, and in time for the plaintiff. 4erermination timereof we feel our- In time lessee of 7’horna.r ,~anesV. selves bound to pay the most sacred re- ~famee Park and Benjamin £insole, 4lleg- gard to thee compact between the two han~,May 1799, MSS. Reports. The States. plaintiff claimed under a patent, dated .We timink the point has already been in 1785, and made a regulas’ tithe umueder resolved in thmis court, in ,S’inith’s lessee divers macrime conveyaumces, to 340 acres v. Brown, “ between claimants under of land, the subject of controversy. Virginia, the certificate of tite comm’Is- The de6’mmdant lmeld under a certifi- aioeeers is conclusive evidence, but not cate gmanted by time Virginia commis- wlmere one of the parties claims mender sioners to Zadock Wright, on thee 18th of .Pennusylvania.” We apprehend thmis must Febu’uuai’y, 1783, steiling that lee ~as en- have peep the clear intention of thee titled to 4(nO acres of land, at t/?~‘mouth contracting States. il Fenumsylvmmnia of’ Montour’s n’unu, in Toughiogena coun- claimant is at liberty to simew fruited, ty, to include his settleuncuet made in mistake, or a tm’ust. Suppose a certifi- 1772” çate stating a party to have nuade it set- A witness proved, that in 1772, Zq- tlement in a partictmiau’ eec’, ammd it dock Wr4.ht limed settled a tract at the could be simewn lie thid notc )mmme in from mouth ot Monutour’. run, diff’creuet t’romfl Europe till after time 1st of Janmuary, thee lands in question. Theat ,‘fohnu West- 1778, anti that a t’mtl~under this State /all had settled memmotimer tract 3.4tlmg of did acci’ue before lmi~ arrival; what a mule above time smeouthe tiies’eof, amid good i’eason can be assigned why these Abti West/all oume other tract below itS facts ahoui4 not be received in evi- monmth; amed that time tithe of Zadsck dence? fl’rig/ut’s triter, since became vested in Thee opei’ation of. the certificate ne- ~eremiaIm Wright On inspection of a cessam’iiy must be, thmat, prima fack, diagm’am, celuichi represented all time • the facts contained in it shall be deem. tracts togetheer, it was manifest that edtrue; hut not undeniably so. But ithas time terms of thee Virginia cem’dficate been said tlmat Provencesiuould have gone called for the lands heeld by ~eremiaI~ befou’e the T’irginuia coul.missionem’a, or Wriglut. have appeuied to the general court of It was tleen offered to prove tleat thee that commonwealth. This cannot rea- Virginia ceu’tiflcate was intended to pro- sonably be immaisted 0mm, as to a person tee and secure time improvement of asserting a different juru~diction! Be- ~o/un We:rfall, which was obj~ctcdto, sides, how does it appear that he had and ovee’rtmled. miotice of Ar’,rken’s application fom’ time Sumchm testimony wnuuld render all pro- ~em’tificate,or of its beimmg granted to perty held undem’ tithes of timis nature him 1 This was rca inter alias acta, and mnsecmmre, The terms of the writteic ~. juedgument affects only parties or paper must govern, and it is evident przvies. that the cprtificate was intended for Ommr npic,ion on time pm’esent point, is the hands now occupied by yem’emia/o comefined to time defendammt’s Virginia ti- Wright. Zadock Wrig/ut, made his settle The plsimet’mffsets up no claim un- tlement there, at time snout/u of M’ON’ 4ev Vmrgummus. Thee plaintiff canumot found tour’: run, ‘W’e are no snrammgeu’s t~the lies pretensions to the lamed under the mode of procedue’e adopted i,y time Vir- ~ws or csstoms of Penney(vivula, by a2~jn giniq commni~sioners. They 1meV C~ 133 granted two certificates to the same was included in hi~charter, which war l~84 person, nmmhess he cla~needone of the prior in point oftiumee. Mr. Penn insist- tracts a: as~igneeeoh’ some otleer, cued in ed that lord Baltimore wins precluded such case it w.~suumuformly expressed in by a recital in hems chmamter, that the time certnficate, Here it is not so cx- land was uncultivated and possessed by pressed, amid the consequence is obvi- barbariames; wheereas it was Imot so, but ous, that thee ph~iuimifiis entitled to re- possessed by Dutch and Swede:; and cover. Verdict 6cr time plaintiffinstanter. therefore tIme king was deceived in his Same judges grant. The early part of this commtrover~ The dfferent laws of Virgimeia re- cy, especially respcctimmg thee three low- specting military lamed warranuts, amed er counties, now State of Oelaware, m’ighuts undes’ time royal heroclarnatioum, may be seen in thee begmumning of thee hirst and rime material par~sof tieat pu’muclameia. volmume of thee votes of assembly. A tioue, may be seen in 3 Dallas 425, to primecipal difficulty was also miiade come- 466, in Sim’s lessee v. Irvinue, stated in cermeing time circle of twelve miles to be the special verdict, 1mm tIme cim’cuis court, drawn abrutut New.Castle, amid thee true amid decided in the supi’enee court of situation of Cape ffenelopemu. thus’ United States, oum sum ejectment for lie order to bu’ing this dispute, which .M’onronr’e island, iii time Ohio rim cc, had beeme theme depending nearly fifty fot’uuded oum tOe uighet of major Douglas, years, ame agreement was entered intO hoc,mted n May, 1780, amid on which thee betweeme Cleau’les lord Baltimore, amid plaiumtufF recovemed against a patent ~o1znuPannu, Thomas Penn and Richa,’d gi’ammted to the detendamet by act of’ Sep. Penn, Esqumires, May 10th, 1732, teunber,1783, amid in whicie those rights, wiuichm recited several uumatters as intro- and thee construction of the agreement ductory to the stipulation between the between time two States, came fully to parties, purticulam’hy the respective chear- time,, view of’ time court As time case ters; and the tithe derived from ~anies could hot be abstm’acted witheime a rea- duke of 2’srk, to the thmree lower coun- sonable compass, witheout mutilating ties by twe feoffmemets, dated 24th of thee facts, and being lie pm’int, ~t is here August, 1682. Tlmat several controver- refem’s’ed to gemeerally. See the royal sies lead beeme between thee parties con- proclamation at large, dated 7the of cermeing time boumed’aries and limits of Octobem’, 1763. Couuecil books, S, p time two pu’oviieces, and tieree lower 427. counties, Thmey then make a particular The controvem’syrespectimeg boundary provision for settling timem by drawing between time provinces of Pennsylvania part of a circle about thee town of ,Wew- and Maryland, was of early and homug C’astle, amid a line to ascertain the bound. * stammdinug. it wits limit rendered less aries, &c. amid a provision in what CC~ difl.icult atud tedious, by the situmation of mnanumer timat circle amid line should be time pam’ties; amid even after an agreement run and be drawum; commissiomeee’s were by dec respective proprietau’ies to ad- to be appointed for that pul’pose, who just tlmeim’ limits, nearly thii’ty years were to begime time work in the month of wem’e passed in expeumsire litigation, be- October following, and complete the fore tbme controversy commkl be termi- same on or before time 25dm of Deceum- nated. Thee history of’ this dispute atid hem’, 1733. thee records and papers m’especting it, in thme elevemethe section, a claumse is could not be brouglmt within thee com- imesem’ted, quieting time occupiers and pose pass of a note. They would of them- sessors of hands held uueder thee respec~ selves form a considerable volume. Ex- tive proprietaries, on their attorn’mng, tracts are, however, here I’urmiislued, and paymig arrears of rent, duties, he, sufficient to give an understanding of to the said several pm’opu’ietaries. time border tithes In any other prmiumt of Noveomber 24th, 1733, thee commis- view than as they affect time landed in- sioners on both sides~reported, that terest of tIme country, they have, from having used their euedeavours towards thee lapse of time, and a settled boumeda- time executiome of the au’ticles of agree- ry, become unimpoz’tamet. memt, they head respectively bu’okeum up, By time clmae’tes~, Mm’. .Penin’s giant was as thecy differed in running time circle to be bormuimled on the meoi’th, by thee be- from .Wew’c’astle; thee Pennsylvania com- ginning of thee tIer~emmmcd fortieth de- missioners iues’esting that time circle gree of northern latitude, meted on thee simomuld begin twelve Engiishm statute south by a circle drawn at twelve miles milesfrom New-Ciustle; and the .M’am’y- distance from .N’evncastje northevsu’cl, and land commissioned’s insisting timat time ‘westward, unto the beginuruing of’ tine/or’ peripheem’y of thee circle tobe rune, should. ticth degree of ,uorther,u latitnude, and theme be twelve milc~, whose diameter by a stm’aighr limit westward, &c. would be somewhat less than fous miles Thee horul B~(timôr~imi~istedthat time from New-Castle, ~j1uote,fortieth degree of’ north latitude, Lord l~au’dwic~eexpressed great this. 1 ~4

A sati~Faetiome with the conduct of the lion by ~o1zn, Thosnas, sued ,llicluard 78 . ,Tt’i’arylanud commisSionet’a, and said they Penn, on the 19th of December, 1734, beleaved with great eheicanme lie the and upon referemeces and report thmere- points they insisted on, 1 Vex,455, Pe,unu on, time king, oum time 16th of May, 1735, v. lord Baltimore. ordered time consideration of the re- May 25th, 1738, th~eroyal order is- port to be adjourned, theat Messrs. Penis sued, founded on the agreement of t1e~ nmigimt proceed in equity. That they proprietaries of’ Pennsylvania and 211’au’y- petitioned Cheamecery on time 21st of June, land, before the committee of council. 1735. It theme recites time proceedings Itrecites time first royal order madeon in Chmancery, and thee decree of time thee l8tlm of August, 1737, theat “there- lord Chancellor atlarge, thuat the agree- spective governors should not wake ment of 1732, should be carried into grants of any part of the lands in con- specific execution. The appointment test, nor permit any person to settle of commissioners in pursuance of thee there, or even attempt to make a settle- decree. The death of charles, lord Bal- mnelet,until his majesty’s pleasure should timore, the proceedings in chancery, be signified. umpon a bill of revivor, mind supplemen- In thee timird section of the agreement tal bill, he. And whereas the parties to previous to the royal order ot’ 25th of tieeuue presents(Frederick, lord lJaleisnore, May, 1738, thmeve is this clause. “All and Thomas Penmn, and Richard Penn,) lands in contest between the said pu’o. have come to an amucable agreement itt prietornm now possessed, by, or under manner as leem’einafter mentiomued. It either of them, shall remain in posses~ theeme proceeds to describe and wake sion as they now are, although beyond provision for fixing the circle and ruen- the temptmravy limits hereinafter men. niueg time line, &c. Then there is the tiommed. Time respective jurisdictions to fohhowin~’provioo,“Timat ~ot1mingthere- continue over semch lands until time final in contained shall extend to the right of boundaries shall be settled, and the any grauetee, or those claiming under tenants of either side not to attorn to him to n”y of the farms or lands ‘in time each othmer, nor time respective proprie- actual possession and occupation of any taries to accept of such attoe’nmemmts.” teumaret or occupies’ whmichm heave been at Thee king took time repoe’t of the any time and in any manner ]eem’etofore committee of couumcil into consideration, granted by or undem’ time autieor’sty of and approved of thee agm’eement of thee the said Frederick lord Baltimore, or by proprietaries, and by time advice of hi~ or under time authority of any of the privy council, oi’clered thee same to be ancestors of him time said Frederick lord carried into execution, Baltimore; but that it shall and may In the year 1729, time temporary himee he lawful to all, amid for all ~umdevery was run between time two proviumces. nude tenants amid occupiers of the same A suit in chmancery was depending foe pm’em’msss, and evem’y part thereof, thiele macmy years, upon em bill exhibited by ~cmdevery of’ timeir iensirs, executors, time proprietaries ofPennsylvania, against administrators amid assigns, fe’orue time lou’cl Baltimore, to obtain a specific ex- to time, and at all times hereafter, to ecution of tIme agreement of 1732, bmohd and enjoy thee said farms, lands, ‘which agreement was decreed to be tenements, and hmereditamemers, and carried into effect in time year 1750, every of them, and every part thereof, and after a bill of revivor and stipple- fom’ sued during all and every such, timely mental bill, thee fInal agreement be- severah and respective estates, terms tween thee different propr’uetariea was and interests in the same, and every of executed cue the 4th of July, l7~0. them, and every part timereof, stebject This agreement recites time om’iginaL nevertheless to anti b~c,and under all charters to lord Baltimore sued William and every thee same quit rents, reserva- Fe,un, and time grants to and froun time tions anti services, to be fi’oin hence- duke of York, for time three lower coun- fortie paid m’enderecl and pem’formed to ties, and that very lung litigations amid the proprietaries5 of time said prov’mnce coiet’ests lead subsisted from 1683, clown of Penmmsylvania, for the time being, to thee present time, and many orders as they the said tenants and occupiers in council had been pronotmnced relative and every of them were hiabie at the the~eto. The agreement of’ 10th of time of, and immediately before the X’.fay, 1732, at full lengthm. That the execution of these presemite, to heave time being expired for completing paid, rendered anti pet’fornued to the time M~1•rticheg, Charles, lord haiti’ proprietary ofthe said province of ,M’a- autos’s, pitttioned thee king in council ryland, any thing’ herein before contain- to conies a to him by almotleem’ eImuurte~ ed, to the contrary in any wise not- time Penun.tshi ~s’veted to Cecilius, lord ‘withstanding.” lJail:nwre, on tte* Stbe ofAugust, 1724, Provided also, and it is hereby fur~ ‘which was opposed by a coweter p~ti- theer declared and agreed, ice. ‘1’ha~ 1 ~5 lee’stleer these presents, ieog any clause, This original agreememet was pvonluc- 1784.. article or thing whatsoever timerein ed in evidence at Bedford, October, ~ contained, shall extend or be deemed, 1806, oue thee trial of Rois’ lessee, v, construed or taken to extend to the C~ntehal4 reported in 1 Bininey, 399, anti right ofany grantee or grantces, ortleose admitted after argument, amid decided claiming under theem, to any thee farms, to be proper evidence by time supreme lands, tenements or hereditamements, si- court, on an appeal, because it was an tuate, lying and being oue the east side ancient deed, ascertaiueimmg the bound- of the river Susquehamena, and within aries of the then provinces of Penn- the space or distamece of one quarter of sylvania and ~2’arytand, and may be a mile more south than the east anti considered in tIme light of a state paper, west line mentioned in thee sixth article well knowmm to the comurts of justice, of time said articles of agreement, of auid wheich head been admitted in evi- the 10th of May, 1732, and which dence on former occasions. leave been at any time, and in any man- The plaintiff claimed under a ‘war- ner heretofom’e granted by or under time rant of time 1st of February, 1760, from autleority of thee proprietaries of thee lord Baltimore to David Ross, “for 500 said province of Pennsylvania, for the acres of vacant land, in Frederick coun- time being, amid are now in tlme ac- ty, Maryland, between Little Meadow tual possession or occupation of all, amid BuckLodge, on Potomac river, chore every, or amey of the tenants or occu- Fort cumberland, partly cultivated, On piers of thee said province hands, here- the S0thm of April 1762, a survey ‘was ditaments and premises, but that it made for Ross, thee certificate of which sieahl amid may be lawful to and for all stated tleat by virtue of a 1762reneWed. and ev’ery such tenants and occupiers warrant of 4th of February, w ~ of time said last mentioned hands and acm’es were surveyed, called thee D,:y premises, and every part thereof, timely Level, beginning at two white oaks, mmd every of their heirs, executors, standing on the top of a huh, on the administrators and assigns, from time west side of’ Will’s cm’eek; but time sum’- to time, anti at all times hereafter, to vey said noticing of Little Meadow anti hold and enjoy tlmeir said farms, lands, Buck Lodge, or of its being pae’tly cul- tenements and hmereditaments, and tivated; anti it was said to be ten miles every of them, and every part tieereof, from time Potomac, and be/oem, Fort Cum- for and during all and every their se- berl~mnud; a Mam’yland patent to Ross, veral and respective estates, terms and was dated in Dec~mbee’,1762, interests in the same, and every of The courtsaid, time casedepends upon them, and every part thereof, subject time articles of agreement of4the of Jem- nevertheeless to, by amid under all and ly, 1760, between lord Baltimore anti every time same quit remmts, reservations the Penns. By these articles, thee es- and services to be from henceforth tates of all pem’sons ‘were protected, paid, rendered amid perforñeed. to time who head, before that time, acquired proprietary of time said province of Ma- title by atmy kind of grant from lord ryland, for time time beiemg’, as they thee Baltimore, or his ancestos’s. The ques- said tenants and occupiers, and every tion theen is, had lord .Balth,eo,’e eeeade, of them, were liable at time time of, a grant to David Ross, prior to 4th of and immediately before thee execution July, 1760? .?f time original war,’ant luad of these presents to have paid amid called/or time laiud afterwards mur~re,yed,‘we rendered and pei’formed to thee pe’oprie- think that the title of Rose, would imave taries of thee said province of Penn- related to time date of that warrant, al- sylvania, any tieiumg herein befbre con- thought the survey was not made msntii. tainCti to the contrae’y in ameywiso not- some years after, provided time warrant ‘withstanding.” head been renewed according to the 1l1’aecnm and Dixon’s line was run n practice of the Land.Office of Mary- the year 1767, and 1768, anti the agret’- lamed, But supposing, as we do, tlmat ment send proceedings tiuereon were thee warrant did not call f’~rtime land approved and ratified by the king, by sterveyed, time grant to Rau cannot be hems order in council, on thee lithe day of said to commence before time time of Jaumuary, 1769, and the proclamations surveyime~it, vii. SOLhe of April, 1762, of the respective propi’ietai’ies, to quiet and is th,r~~i’ea n~ere nullity. We time settlers &c. were issued in 1774, can find notieimg in the articles ofagree- that of’ Pennslyvania, bears date the metet betweeje the pm’ops’ietaries, to es- 15th of September, 1774: council tablish a title of this kiud, to land in Books, U, page 4611. this state, against a person, who, like The age’eementof 1760, ‘was inrohl- the defendants, aftem’wam’ds acquired a ed ~ncimauicery, in Ring/and. Time om’i- regular title from the proprietai’ies of ginai is now deposited with the secre- Fe,umusylvania, (whmicie, as appears by the tary of time commonwealth. report, commenced ime Amegtest~ 1766,i I 36

1784. a new tm’iah was thiem’efore gm’anted, on whereby time mode of assigning war- time point of fimct, whetime.r the lamed was rants was poimeted out, and whuem’ein he called for by the origimmal ssarrant of dim’ects, that in eache survey, tine bouemd- 1760. ary tree alomee should be marked, amed 1mm the lessee of Thomas Lilly v. the courses and distances specified in George .TCitz’nniller, at York, May, 1791, the e’cturn of survey, as theefairest mode, before .S’hs’ppeis and Teates, Justices, and best calculated to prevent civil suits! (MSS. Reports,) the case was as fol- Wide an inteuetion to she’w fraud or lows. mistake in time deputy-surveyor, it was The lessor of the pI’.~nitiffgrounded proved by an ancient witness, tha the his title on a Maryland patent for 6,822 deputy surveynu’ did not u’eturum time flu’st acres, dated 11th of October, 1735, slem’ve.y as actually made by him on time founded on an original wam’u’ane for gm’ouume~ that time quantity of 10,000 10,000 ace’es, dated lot of April, 1732, acres was really contained w’ntlniie the which,, according to time custom of time hiumes of the lamed~rume by hiure, including Laemd-Ofiice of Maryland, had been the lands in question, and thmnet upon several times renewed; also, on a Ma- makimeg his p1st, and fimecilung time figure rylaeed warrant of re.survey, to re-sur- to be very iu’regulam’, lie go~displeased, vey the ancient metes and bounds, cor- amed swore he ‘would not cast. up time rect em’u’oi’s in thee first survey, amid add contents, or u’ettmrui it ire tieat fou’ne, timed contigmuous vacancies, whethier ctmlti- then seduced a umumber of himues into vated or not, dated lbtie of July, 1745. one, struck off five om’ six amigics in dif- A survey thereon, of 3,679 acu’es, made ferent places, and made a new piat dif- in October, 1745, and a patent dated ferent from thee courses anti distances 18th ofOctober, 1745. rumm on thee land, and of 270 courses con- 1-Xe also relied on the two agreements tained in time field notes, which were of time ps’oprietaries of Maryland apd several years in witness’s possession, Penrtsylvania, the first dated May loll,, lee left omit above one imummdm’ed amid fifty 1732, tinder the lithe unrtic~wbeu’eof, of them; amid the witness aftee’wmmrds ‘~Perlons heolding lands under either delivered thee field notes toYe/on Diggee, of time proprietors, though beyond the the patentee. division line of the two provinces, were The lands in possession of def’endauet secured mend quieted in thneir u’ights and. ‘were thus thwown out of the returned possessions,” and thee ordes’in Cotuncil survey, but were inchuded in time remade in pum’suance thereof, on time 25th survey, ‘wleicim wa~said to have coe’res- of May, 1738; And the second agu’ee- ponded with time himies originally rume memet one thee 4th of July, 1760, under upon the ground. the proviso whei’eof, it was declared, There was much other testimony, but tlmat” nothing therein contained siionelnl not material to time point now under be construed to extend to thee respec- consideration. tive grantees, or those claiming under The court in their cimarge to thee jum’y, them,” and deduced his ttle to both said, in substance, as follows—The patents, under a will, aued divers mesne lands in dispumte lie four miles mmorthm of conveyansces and descents. time boundary line between time States of The defendammt’s title rested omi a Peiunsylva;uia and Mar,ylaiud. Immdepend- ‘warrant to 1k1’at’ti,u A’itzmiller, for 150 ent of time proprietaries’ agreements, acres of’ land, inciudimmg leis improve- lom’d Baltimore could heave no rigimt to ments, from thee Land-Office of Penn- grant lameds beyond the limits ofhis pro. sylvania, dated 5th of February, 1747; vimece. Whatever, however, was grant- a suu’v~ytheereoui of 164 acres, made ed by eithmem’ prnipi’ietor, though beyond SOthe of Mar, 1759; a patemet dated 17th their respective limits, before time roy- of September, 1759; and a conveyance al order in 1738, was secured to thm~ from thee patentee to him, It was proved settlers bytheir mutual agreement; but timat thee defendant amid his ancestor, head time subsequent agreement of 1760, been in possession of’ thee lamids in ques- could not affect time i’iglmts of persons tion since thee year 1738, or 1739. It claiming under eitleer propu’i’etor, pre~ ‘was admitted on both sides, that time vinnus thereto, Time great question 1mm temporary line between the two pro- this cause ms, whether time fim’st survey vinces, was run iii 1739—time fimeal divi- imichumded time hands now possessed by sion Rune run by .M’juso,u and ,Dixon was the defeumtlaumt. completed in 1767, and that time pm’o- Is appears to us timere is a failure in clautatmons of time respective govetemors time plauntiff’s title in this early stage of issued in 1774. it. Umeder time pm’act~cein Peniesylvaniia, The eOstruCtl~nsof lord Balthnore to of making proprietary surveys, tu’ees am’e clear/es Uarrcl, his agent, dated 12th of marked on the ground, amid where theere September, 1712, were also giVemi in arC no trees, or natural boundaries, ar- evidence on the part of time defendant, tificial mark-s are set up to distinguish 1 3~

thesurvey. By’these means, ifthee sur- and determined, on an exact admea- 1784 veyor returns a draugiet, different from surememmt, the particular lands granted, the courses and distances actually rule, as often as they were run. Those the mistake is easily corrected. Sheoul4 courses and distances alone wem’e bind. the surveyor commit an error in his re- ingon the proprietor, and consequemethy turn, it simail not affect the rghmt of time on his patentee. It necessarily fol- party. Such caseshave frequentlyhap- lows under our idea, that as time t’ssti. pened. - mony of witnesses, or any other cir- Bus thee case is very difFerent under cumstances shmewn lee thee cause, cannot the ancient practice of’ making surveys establish a tithe to hands witieoset the li- tinder the proprietas’ies of Maryland. mits of the original survey as returned, Such surveys wem’e merely ideai, and that the plaimmt’mfl’ must fail iii the pre- precisely fixed on paper alone. No sent suit. trees were mas’ked, except time begin~ We mean, however, in thus giving lung boundary. Lord Baltimore’s iii - our opinion, which we heave taken some structions, which have been read, clear- pains to form, to confine ourselves to -ly shew us, what his intentions were, the express case before us,-.—lt is not and that Inc was concluded only by the intended to affect other m’igimts.—Per- coui’ses amed distances returned. The sons who Imave bougimt hands from plain- survey was ambulatory, not confinedto tifF, even ‘within the u’esumvev, may heave a certain spot of hand, but was govern- acquired titles by their posaesmions an& ed by time variation of time compass, and improvemnents, wlmicim simoenid runt meow ‘was continually shifting. Tine courser be shaken. The plaintifF suffered a non- and distances returned formed time survey, suit.

PART JL Of the ancient ~ractite and customs of the rants, ~urveys ared patents, butupome set- Land-Office, previous to the year 1765. tlementr, connived at, om’ acquiesced in, dependimeg sometimes uponu timesituations By force of time royal charter, Wit- ~fthe proprietor’s title, or thee unsettled. lian~Penn, and his successors, as pm’o. ~mtateof his fautmily, upon the sumpposed pm’uetaries, were the undn,ubted lords of circumstamece of tue Land.OBlce being time soil. They stipulated, imoweves’, shut, am’ encouragement given to settlera ‘witin time purchasers under them, to ex- on or near coemtroverted boummmciaries, and. -t’mngu’ssh time aboriginal u’ight of time na- to promises.—Hence also custumi antI tives. They alone hmad this power. No usage of the Land~Officefrom early individual, without theirauthority could times heave vested intem’ests, -*hich have purchase of time Indiames; and the peo- tsfterwards been confirmed by judicial ple themselves, by legislative acs, re- decision, and e’ecogmiizecl bylaws. Thetis cognized, and aided deem to inforce, in an instance mvhicie may be found in this important principle. ~yle v. White, 1 Binney, 247, a promise They had time unquestioned right to made to a trespasser, to induce him to dispose of their iauids in any manner moveoffoftime nmnpurchmased Imediaim lands, they thought proper. Beut without set— b) secretary Peters, was considered as tiement, a grant of an extensive tern- entitling time te’espasser to a preference -tory would have beams useless If the after the purchuse. -coreditiomm ofcolonization had failed, time Winatevem’ uniform plan of settling time ‘grant must leave been resumed; and, if couimte’y and conveying’ his haumdum, the thee disposition of time great founder had first pe’oprietom’ may leave contempiated, SCot been the most beemevcnleeet, a corn- or devised. it must very early have beele ~nanding necossity obliged hritue to en- fimund impracticable on experience. At comsrsge emhgratknn and etehtiyatian, and prasent run regular system camm be traced to part with hi~lands upon reasonable upone the public records, The terms ef terms. annie were changed fu’orn time to time; Thee officers of time Land-Office were and mis time affairs of the Land-Office leis officers anti agents. Thee commis- were not familiar to thee mass of tIme sionem’s of property were cometroiled by people, it is not to be wondered at, that his regulations and authority; and it the assembly, even in the year 17’55, ii~ will appear, that ftom the ac~sof these an addcess to governor .214~nrris,declare, proprietary agents, mammyrights to lands “that the state and mummigernent of thee leave sprungup from time to time,‘which Lanci’Office, is pretty much of a mys- have, not improperly, beeme tei’need, in- tery.” Votes of assembly, vol. 4, page cho:ute, um’reguhimr,imperfect, anti equ’tta- 464.. ble tithes; founded, notonly upoem war- VctL. II. S I ~l8

By the seventh section of what less 1784. Of.First Purchasers, or Old Iligluts. beerm teumned thee divesting act, amute. vol. Thee original lists of first purchasers 1, page 481, all rigimss, titles, estates, am’e mecorded lie the Land.Oihces. The claims anti deniammds, which wrri’e graumt- privileges to whmich thuese were emmtetled, ed by, orderived fm’n,m time pruprietam’mes~ with respect to city lots, and hibee’ty their officers, or otimems, duly commis- hands, and the price paid by timem, and. sIoned, authmorizcd amid appointed, or the quit-rents to which they wem’e sub - otheuwise, or to wimich any persoum or ject, leave beemm already stated. To persons, otimer thame thee saud proprieta- thmese first pum’clmaseu’s, time cuenditions i’ies, were, Os’ are emetithed, eitheer ill and concessions made iun England, cimief- law or eqinity, by virtue ot’ army deed, ly related. Wherever time) desired to - pateuet, ssarrant, or survey; or by virtue sit together, and their quantity amount- of any lnncattome filed in time Lumed.Office ed to five or ten thousand acres, timey at ummey Lime or times befom’e thee 4th day were to imave their hot, - or township, cast of July, 1776, were ratified, confirmed togethmem’, &c. and, in every one hun- ~ttedestablished forevei’, &c. elred. thousand acres, the governor, or By time 5th section of time act in the proprietom’, reserved term to himself, by text, persons possessed of old rights, lot, which elmuhl lie beet in one place. It he. weu’e confiumed iue locariueg thee same has been already shewn, tlmat this re- to thee lands already purclmased Ok thee latedmerely to time original purchasers. Imuuhiames. Many of these origimual. m’iglets were lommg out standing, and several runt sur- Of ~dt.renut:. veyed unmtil after the revohutioee, and, probably, some few have been entirely All quit-rents were aimolisheed by the abamedoned, Time subject is at this day n’uethu section of thee divesting act before intricate from a variety of caexsvs. Ma- nientiommed.—Any observations respect- ny of the pmmrcheases appear to have been ing them, theerefore, came have no fur- made upon speculation by persons wieo ther interest thrum as they may be con- never came into the province; and tm’imns- sidered as a part of time imistory of the fers were made of pants or parcels of titles to hands as they stood uuedem’ tue large warrants to different individimals. proprietary goveruerneult. For theese parcels separate waru’ants It does meat appear theat any certain were again issued to survey thee subdi- standard or rule was estabhislmed with visions to the undem~-purchasem’a. By s’espect to quit.u’euets at thee first settle- such means, it has notunfrequr’ntly hap- ment of the province, except wide time pened that a considerable sum’phua hmas first ptmi’chmasers, wheicie was one shillung been surveyedbeyomed time amoumet oftime atem’hmumg foe’ one hmnndred ncres.—See original purchase. By time accmememhatioue votes of assembly, vol. 1, part 2, page of old rights, by purcimase, in one per- 41. son, it huas also happened, that emmtiu’e Lands which wem’e allotted to icr- squares of’ city loss, as appmmm’tenant, ime vamets, who came over with time first set- early times heave been grammted to -indi- them’s, and faitimfuliy s~m’vedout their viduals, with lam’ge appropriations of ii- time, were not liable to piem’chase mo- berty lands, and it became almost a ~ci- ney; thee qnmit-rent was thuerefoi’c great- ence to trace out original titles, From er, Time sevenths article of the condi- sucim cause is to be attributedthe singee- tiones and commcessions runs theus, “Timat has’ appearance of the original minutes forevery fifty acres that simahl be allotted of propeu’ty, which exhmibit a record of to a servant, at the cued of his service, transfers and mesne conveyances in ab- bus quut-rent shall be two shillings per stm’uect, and pedigrees, and even of’ in- anIem~mn; and the master, or owumer of termare’iages. It is not impm’obable, thee servant, wlmen Inn small take up the however, that, in some cases, these mey otizel’ fifty acres, his quit-rent slush be be valuable documents at timis day. fneur shillings by the year; ci’ it’ time mas- In thee minutes of time Board of Pro- ter of’ time servant, (by e’eumsoum in thee in- perty, August 15th, 1765, there is a dentures hue is so obliged to do,) allot special order respecting oldrights. The oimt to the servant fifty acm’cs in lmis own preamble suggests that great qualutities division, time sunini master shmahl leave 0mm of hands on such rights head been again deereaund ‘allotted to iii rum from the goverue- applied for, and twice gi’ammted, and, 01’, time one hummedred acu’cs, at time chief “Thee deputy surveyom’s are directed to rent of six sieihhinmgs per annum.” 0 seund in to time surveyon’.gemnem’ah’s office, When wsrrranete were issued up0 mmli the surveys on old rights which they wimat were called thee new terms, it ap- can discover not to have beeme yet re- pears by the minutes of time Cornm1~ turned—And all future surveys thereon sioners of pm’opermy, thee price was five to be returned hue two months after prununds foe’ one hemeuudred acres, mind the made.” quit-rent sometimes a buehol of srheat, sometimes one shilling sterling. Tieis hat- property, made shnu’thy befom’e at 2f’èw- 1784. ter was called the common rent. The Castle, whIm wluicim thee people were dii- new rent, amid the most usual, was omme satisfied, and some misunclerstandinug penny smeshnng per acre. Whatever re- had taken phace respecting it. The as- servatiome was made, was stated in thee sembly,thuerefore, our time 9th of October warrant, as part mnf the contract. fohlowiimg, (1701,) again request “Timat In the commission of October 28th, time misunederstanding about the ten 1701, to Edward Shipper, Gr~fJithOr~en, acres per cent. be rectified; and the al- Thomas Story, and ~asnes Loganu, as corn- lowance foe’ roads and higim ways be al- mismioners ofproperty; authonity is given lowed to all lands whiate~r,whmether to them to graunt iameds for munch janus and already cakeur up, or to be taken up quit ;‘e?ets, t~t’c.as to them, or army of them, imereafrer.” On the 23d of October, should scenic reasonable. they sent a member to thee governor, ‘rime same authority is given by the with thee request, varied in tleis man. new comniuscion of November 9th, li’lO. ncr. “The assembly desires that the 1’hc assembly in ther address to the proprietau’y will be pheased to allow ten proprietor, when he was about to sail for acres pen’ cent.for roads,uneven grounds, England, September 20cm, 1701, request &c. unto all pemmions, puichasens and of mini, “ That the irmheabit’ammts, or renters, either taken imp, or to take imp; season of laid may have liberty to juemr- and fom- such as sleall hereafter rent, chm’ase off their quit rents, amfermuuerly pro— five per comet. at least.” Thee propu’ietomm nrised. Votes uf assembly, vol. 1, part sent tlmem tIme follcnwing message on 1, p. 146. thee 25dm.—” Friends, complaint hmav- In his answer, he tells theem, “ If it ing been made, that some persons had should be my lot to ham a public smnp~ost, not time benefit of the law of Hew Castle, I must depennd eupon my renuts tar a sup. -ivithe respect to time allowances of ten ply; anti i.hmeretice must not easily part pci’ cent. I consemmted to umilow the with them; and ninny years are elapsed said ten acres per cent. according to since h made that oiler, that was not ac- tIme said law; but never intended to cepted. Ibid. 149. make myselfdebtor for those deficien- Some conmtmnevee’sy, indeed, tleem’c was cies wlmicim were meot to be had; anti about thus public supports amud time as- munderstanding you look upon fleas law’ sembly alleged that qemitrents weu’e mmmueqrmal, as givimmg to some ten per Cent. originally agreed to be paid to the pro- uu’luere there is overpints, and but two prietor, oum account of time extm’aom’dimeary pci’ cent. upon stmrveved land, where chmam’ge lee would be at in the adnmimmis- no more is to be found; I am therefore tm’ation of the govermememmt. Tlnat ime lead willing to allow ci’ make good six per sold lands to a great value, and u’e- cenut. to all persons, as well to those that served e’ents sufficient, ire a moclem’ate want, as to timose who do not wauet the way, to maimmtaimm him or’ hem lieutenant, sauce upon a re~survey.” This did not answem’abhn to tiucir station. Wheat if meet time sentiments of thee assembly; we mmdcl, enemy tieey, tlmat we desire time rued tue amendment proposed by them proprietary would be content to lire to time bill of propem’ty was, “Timat upome his rents, he. Considerable id- -whereas ten per cent. is allowed by the tercation, rind run little warmehi took law made at New Castle, for roads, place upon this subject between govern. barren hands, uneven grounds, and tilt’- or Evans and tine assembly. The dii- ference of smmrr’eys runto all such persons puke, however, ffied away. The ‘assem- -wimo hmave ovem’phrms in theeir tracts; time bly continued to provide for the go- same ten pee’ cent. may be allowed uuruto vernors down to thee eevoismtion. See all persons wimnetsoever, ‘uvhmo heave tak- yeses of assembly, vol. 1, pant. 2, p. 41, en cup lands b~’right of purclmase, or on 45, 155; vol. 2, p. 10, 12, 15, remit, ot’ therit shall hiem’eafter take up by -virtue of fou’mer grants ; and that all Of the eimc per cent. a?lowanuce persons hmereafter purchasing may heave five pen’ Cent.” The allowance was ou’igiueaily ten per By ilne act of 1712, chap. 183, it was ctnt. Ire thee address of’ September 20th, pn’ovided a Timat for all lands hmereaftee’ 1701, befnu’e-mentiomeed, thee assembly to be taken up, or surveyed in this pro. reqmmest “ Timat time ten ‘acres in the viumee, time surveyor, that lays out time humnedued, may be allowed according to same, shall allow for roads and bar- tire proprietary’s ~ I am rens, after the rate of sict acres for very wuhlnneg, aniswem’ed thee pm’oprictor, evee’y hinmndm’ed acres to time owner of to ailow the ten acres per cetut, for thee such lands, for which said. allowance ends proposed by law, and meot other- ofsix per cent. no remet shall be paid to rvmsb. the propi’ietmu’y, hi~heir’s or assigns h” The law s’eferm’ed to, was the law of Tle’ts act was repeahed by the qimeen 140

~7&4. in c~uneil-, Feh’y 20th, 1713; but the Technically- spealsiumg, therefore, custom was established, and. continued there -were no manors iii Pennsylvania, from that time to this day. although the proprietary temeths, anti See votes of assembly, vol. 1, part 1, other leu’ge surveys for tlmem, wem’s so p. 145, 148, 153, 161, 163, 164, and un~- called. Tiee tenure by whmich thee char- pendix, 14. ter was held, was that species of feudal teumures called .S’ocage, by fealty onmiy, ire Of Townships. lieu of all other services; and the te- It appears to leave been piTt of the smtmres under William Penn were by a plan of William Penn to have laid out kind of rent see’vice. The patents were time proi-mnce into townships, of 5000, in free common socage, in lieu of all or of 10,000 acu’es, amid to have surveys ether sei’vices. By the abo~ition of made wnml’muuu the respective boundaries quit rents all estates derived imme- of such townships; and that purchasers diately from the commonwealth, are of large tracts might lie together; he uncomuditiomeal fees simple, with a reser- accordingly introduced this clause into ination only of a fiftle part of gold and lmis varrants, “According to the me- silver ores, at the pit’s mouth. Hap. thou of townships appointed by me.” pily for I’emensy~vameia, this reservation This plan could not be lomeg pumrsreed. has been merely noeninal, andthe surest Tire clause in the warrants, however, mimnes of wealth, are the virttre, indus.. continued long after time object of it try and. simplicity of the people. Every teased, It was omitted ime thee warrants gr’ant of hand, however, under thee pro’ for thee lands in thee purchase of 1784, pnietumry government, was noemminally de- but was not diacontmnued in thee preced. clared ‘sic the patent to be held as of iemg purchases, until it was struck out some certain manor, by thee presemet Land-Officers, as having In the eighth section of the divesting’ bo present meaning, or utility. act, vol. 1, p. 481. In the reservation of time private estates of the proprieta- OJ1J’eadLancjs. ries the manors are thus mentioned, A townaheip was appropriated under “Likewise all the lands called and this name, amid in which, as appeam’s known by tine suame of’ tiuc proprietary from the miOute books, all tire servants’ tent/ne or manors It has ahm’~eadybeen ‘ands were to be surveyed, so many shewmm, in Carson v. ,Bhnzer, before cited mcm’es per iuead, accos’diieg to time cnnndi. that time termmms of the conditions an,I dons and concessions, Tieis could be concessions, comifimming time tenths of time claimed onlyby such sem’vammts who came propnit~tariesto one place, and. to be in with the first prirchersers. tahcen by lot, m’elated only to time grant% to the first puri-hasers. But thee propel- - Of lhfnznorj. etoi’ lead the right to withmdraw any Manor courts were never established land, not previously appm’opriated to individuals from thee general mass of in thee province. The gu’eat troubles of property, and to appe’opriate it to hei~ William Penn in all probability, pre- own use. Sucim was the judicial cofl vented his attention to this subject, whicim would pee’hcaps luave failed in the strrmct’ton,upon the Spm”mmmgetsbury manor experiment, and might have been ob- case; See Penis v. Kline, 4 Dilhas, 407. noxious to the people, and have intro- William Peim;s issued liii wars-ant, duced a state of vassallage, to which dated 1st of September, 1700, to £clusard they coneld not long heave submitted. Pennington, therm Srur-veyrnr- Gm’nes’a%, That he kept it in view, appears from to survey for time proprietor 500 acreum the following ente’y, in minute book, C, of every township of 5000 acres; and p. 6. “The proprietor gave to Mitn’thr genei’ahiy, time proprietary tenth of’ aU Zeal, a paper wrote all in his owmm hand, hands laid out, and to be laid out; and signed by him in tIme folloscing and similar warrants were issired by the words, (I am wuhhireg to let Elizabeth’s successive proprietaries, to every suc- husband leave 50 ace’es in my manor of ceeding Seurveyor-Geieeral Wsmm’ants Fetunabury, on time otimei- side of thee run, were likewise issued for time appropria- smear to the Simoemakes’s, hying upon tion of the islands in thee different pus’— the said creek, and rrinninmg back to chases. Williamr,., ,Siie.’ line, net theree pence All these special appropriations to sterling pen’ acre, to begin to be paid pm’oprietary misc, are emmtered togethmer~ the third year, amid so forever after, since thee revolution, and am’c preserved hn~ldimugn?f tire said manor, and sunder the in the Surveyor General’s office. t’egmnlationj of the Court tinereof, wimen erecteth.” Waru’ant ordered by the corn- .Reguiations of’ Settlement. mussimnners accordingly, (1701.) ~y time 5urth sCotion of’ thee comeceS- 141

Sions and conditions, any number of .Tl1li~, and ~ohn Good.gon, or’ any twQ of 1784k pus’chasers, whose nmnmber of acres them, that they inspect what tracts of amounted to five or term thousand, de- lamed tumben up, lie vacant and unseated, sired to sit together in a hot, or town- and are most likely to give cause of ex- ship, their towmeship was tobe cast to- ception and discouragement to those gethmer’, in such places as had conve- that are able and ready to seatthe same, nient hearbours, or’ mmavigable rivers at- and theat they dispose of, ~‘ not seated temedimeg them, if such could be loomed; by thepresentpretenders within six months and in case any one or more purchasers after the publication hereof, provided. did not plant according to e~e’eementin always, tire usual time ahiormed for’ - this concession, to the prejudice of phauetations, be already expired; amid others of the same towsuship, upon that theis extends not to those persons complaint made to time goveireor, or his that leave- forfeited their lands in the deputy, lee miglmt award (if he saw annexed cotsnties, (the three lower cause) that the complaining purchaser counties,) to whom I allowed a year might, on paying thee surveying, heur- and an hrahf time, after my arrh’ah, to chase money, and interest, be entitled settle at thee old ment, and leave never~ to, and invested in thee hands so not theless meeglected to do the same; and seated. And by thee preceding article, that thee said commissioners are further purchasers from one to teme thmousand desired and required to take thee great- acres, or more, were not to have above est care, that justice aced impartiality one thousand acres together, unless in be observed towards all in the disposal every thm’ee years they plammted a family of lamed, as well in reference to quality upon every thousand acres: and by time as quanmtity, that what is right in time tenth section, every man was boumed to sigimt of God and good men, may al- plant imis lot w’stlmin three years after it ways be prefermed, for it is the best and. was sCt out and surveyed, otleerwime it lastingest bottom to act amid build up- was to be lawful foe’ meew corners to be on.” settled thereon, paying the survey mo- Given at Wor’minghurst place, in old. ney, amid the first purchmoseis were to England, the 24th ofthee 11th mouth, go highmcr tsp for their shares, 1~86. These regulations were certainly ne- This proclamation was publishmed ire glected, and thee proprietor endeavour’- the province the26th of thee 5th month, ed to cieforce it by proclamation, which 1887. still exists on time journals of thee corn- These.proc.edings, however, appear, nuissionee’s of propeuty, 1687, letter to have lead no operation, nor does any- F, in these words, record appear’ of any forf’eitmmre, or re- grant of any of the laumds sumrveyed ore Proclamation concernhrug seathug of’ lczn~ time original rights. The province come- by Waaac~amePaztmo, proprietor arscl tinteed. to increase anti prosper, and sup- goeernor. - phicatiomes for new lammds were almost daily made; time ~msetlnodof’ tounnns/sips “Since there was no other thing I was very soon lost sight of, and sun’- had in any eye in the settlement of tiiia veys promiscuously made according to province, next to the advancement of the wishes of time purchasers. The virtume, than thee comfortable situuntion wam’rants in 1701, express “That of time inimabitants therein; aimd for the land shall be seated within two that end, -wide time advice and consent yeau’s after the survey. Vacating war- of the most eminent of the first pur- rants will be lm~reaftee’considered. chasers, ordained that every township consisting of’ five thousandacres, sheould f~frerus’ee,ye, crud ~urrjntrnslwsda. leave ten families at thee least, to thee cued timat the provimmce might not lie like This subject engaged much of the a wihdeummeas, as some others yet do, attesmtion of time first proprietor; lee by vast vacant tracts of land, but be re. was desirous to be just, bitt he was gulai’ly improved, for time bemeeflt of tenacious of his rights. Thee’e was muoceety, iii imeip, trade, ed.ucsttion, go. at thee date of his clmarter, a very come- vem’nment, also u’oads, travill, enter- sides’ahle settlement on thme banks of tasnmermt, &c. aced finding timed timis site. the Delaware, mmmcd the titles were gle constitution is timat wlmichm eminent- gercem’ally des’ived fi’om time govern. ly prefers time ps’ovince in time esteem ors of New-York, under the crown. and theoughts of persons of great judg- Time inhabitants were quieted. in these ment, ability and, quality, to embas~k titles; and iuestatices occur of grants with us, and second one’ bc~imming,I fm’om sir Edmunnl Ana’ross, which lead do hem’eby desire, and strictly order my not been surveyed, being ratified, simm’- trusty aced iovummg fs’iends anti commine. veyed aadpatçnted by orderof time com- suouuers, TVzllearn, Markkan~, Thomas missioners of property. But it w~s 142

1-784_ supposed that timese old rights included mission, he gives them power’ to erect ma- a large quantity of land more th:nn was nors, with jurrisdicrion thereto anmnexed, as cxpm’essed in the patent, or time posses- fully as he commkl rho by the charter This sor’ lead any right to by thee oe’ig’enal latter power, lenwever, they declined exer- warrants, or orders for the surveying cmsing, inn the application for such a ma- or laying out the same. Large quanti- nor iii Brick’s councry by Mu’. Grc,isdon. ties of’ surplus lands were also suppos- The law alluded to, was the law of pro- ed to heave beerm inclmmdecl ivitliimm time perty, passed at New Gastle, in 1700, amid patents issued from his own office. A confirmed in 1701; whichenacted (among method was thieref6m’e adopted of issu- other thingc. “That any person’s lands ing waru’ants of re-survey, and after’ rn this province should be re’aurveved; aced cutting oii’ tine overplus, confmrm’snmgthe ef upon such re-survey (after allowance qsmant’etyfirst purclmased,by anew patent. of four acres in time hundred, over or un- The practice, leowecer, evemetually der, for difference of surveys, and aix per fluted, It may leave been possible that cent. fr roads,) an overphusshall be fuund, in some cases ton munch hand wan fraud- time possessor tiueu’eof should have the re- mulemetly inciruhed; hut in most imestammces fusal of it from time pm’nprietary, at rea- it may have imappened through mistake, sonable rates; amid in case of disemgreensenmt or want of skill mm time sems’vcvois. Ex- about such rates, the proprietary was to perience has provedtheat suu’veys mmeade choose two men, and uhe possessor two in esmuiy days, especially imm a new more, cvho shouM either fix a price on eonumtry, have most generally overrun the said overplums Iammd, or appoint where it the nmeasure, upon a resrmrs’ey. Thee should be taken oft’ for the proprietary in system must thme.refom’e have become one entire piece at an outside (saving to impracticable, and was discontimmued thee purclmaser or renter, his improvements after time year 1713 The proceedings seed best conveniences,) any threeof whoumi eu’e however here given, as part uftlme agreeing, almouki be conclusive; amid the ancient hand history of the coluntry cimarges of re surveying should be borrme The following instructions wei’e giv- by the purchaser, or renter of the main en by William Penn, on thee first of time tract, ii he botight the overplus, or if not, 2d month, called February, 1686, to then by the prcpr’metary ; and these defi- his commissirnmnei’s. ciencies should be made gocd by the pro. “That no warrennt of re-survey be prietary, according as lee recesved for over- granted by you for land within five plus laud as aforesaid.” miles of the river’ Delaware, or any na- Umedec this act many re’stmrveys were vigable river.” n,acie, and over measure found; btit the acm expired Lmefore the same could be cut “ That all overplus hands, upon re-surveys, gran’ed by the f-ricercommission. or time rates settled; amid the proprie. era, not already granted finally, or mnot pa- mary was not satisfied for hmis ‘~ver-mea- tented, be reserved to my user am d dis- Sture; iii consequence of which the act of 1712, entitled “ An act cn-rmfirmiumg pa- posal.” tents and gramets,” (chap. 183, and Ca. “ No hands to be laid out next or ash- joining to that inhcabirech, and that in e’ey’s and Bioten’s appendix,) was passed. every township one shame be reseaved foi’ This act confirmed all lands whei~hany thee proprietary, with all the Indian person or persons held and enjoyed, or Jields that are in time said towmesieip.” ougiet to have, hold, and enmjoy wetluin tIme “ No lamed containimeg mines, to be province, as well by or under any old gcanted without Willianu Penn’s express grant or estate from the propruetor, or lila warraot. Book F. commissioners of property annd agents, Ire the commission of October 28th, pursuant to such persoan’s righet, &c. as 1701, when the proprietor was about to also by, or under, aumy old grimmer, patent or sail for England, (book G.) among other warrant obtained from governous or law- things, he authodzes the commissioners fed commissioners ummder the crown of ef property, “ To grant lands foe’ such England, befoee time charter no the prpfi. sums, and quit_rents. &c. as to them, or etary, or Icy any otleer legal, or equitable any three of them sleouhtl seem ,jusu and grant, right, title, entry, possession, or measonabte; ~1so,to sell ieetesveuenmg, con- estate whatsoever; but it was not to be cealed, or vacant lands; to dispose of construed or adjudged to cosnfirm any hands surplus lands; arid to make satisfbction out taken up by virtue of the said old gramuts, of my other Iansds. and estate, (my appm’o. which were nor duly seared or improved priated land excepeeci,) in the said pro. by the grantees, or their assigns before fine ‘vunce and territories, as the law ‘in that year 1682, nor for any more, or greater case drrects, for ,slI sueZ, deficiencies in quantity, than almould appear by’ aumy grant sneasnyc, as upon a dime re-survey shahl from the proprietary, or from his puedeces- be found en any tract or tracts, or parcels ace’s, the former governors aforesaid, to be of land, to the tespecteve persons thereby th~grante~’sjust dime (over and above the grieved,&c. And while on sleip board, on six acres by the asia proprietary allowed the isrst of Novembtr, by a second cern- to be added to every leundreti acres 01 143 land for roads and barrens, annd thefour was to be ofi’ered to the possessors at 1784. acres, over or under, to be accountedfor dzf_ reasonable rates, to be fixed, tn case of ,fnrenmce of surveys;) nor to create a right to disagreement, by r’eferees, wino were the luosseasor or claimer of lands, that to fix the price, or appoint whmer’e it were not taken up, or surveyed by virtue should be takeme off fom’ thee pm’oprietary, of a warrant, or order, from persons inn- in one entiu’e amed convemmiemet piece, at an powered to granmi the same, and by a sur- end or outside, saving to the possessor veyor appointed for that purpose. mis improvementsand hest conveuciences, Thee Roll’im office was declared to be and the s-csuduewas to be confirmed so thmc sue office of record; and all patents to owner by a new patent, and time overplu~ be mattees of e’ecord, and to leave no be disposed of by the pr pruetor. need of deluvery befiwe witnesses, live. If upon amey sucC rc.aurveys any tract i’y and seizium, or acknowledgmrmesits, as had been founed deficieset so the mntmneber of deeds of otleer persons. No patents to acres for which it was at first granted, all be prejudicedby mis-recitals, orfoe’ mis- such deficiencies were to be made good by naming, or not true meamning counties, or the proprietary, after thee same rate he re- places wleere time lands were situated, ceived for overplnes hands inc that neigh- &c. But nothiumg therein contained, bourhood, obliged time proprietary to make good Timis act was repealed in council, 20th any patent anmeileilated, or made void by of February, 1713. Votes of assembly, due course of law; or to make good to vol. 2, p. 160. - any pumcieaser of a righet, or rights to Time resumeminig surplus hands, and ah- unlcucated hameds, who iummedvertently, or lowing for deficiencies, appear by this act by nnisinlos’mation, had obtained, or to heave been mutual stipulations between ahould obtain a patent or corefirmation the proprietary, and time people, We find of lands whiclm sheoutd be discovered th nothing mome, lmowevem, upon record, re- be time prior e’ighmt of anotlmer person,fur. specting re.surveys, after this period. ther or any Snore, than time same quantity With respect to the ahh~wanccfor deficien- of lansd in time next advanta&eous place that cies, the instances ‘ems thee proprietary times such psurcisarer tisould c/mouse and discover are numerous; and it appears to Imacre to be vatalur ansdfreefrom a/luther claims. been a primmcnple, to allow a credit for over But whore such prior right sleould ap- payments, upon the most equsitabhe of all pear and take efFect against anysuch rules, that meo man should be compelled to person or persons, who lead purclmased pay for that which he could nor obtain, the same tract, or parcel of land of the or wimere the consideration had failed. pe’ops’ietary, or his commissioners, or Witle respect to haying warrants, or loca- agents, by a certainname, or by any agreed tions on other advazutageoums places, not at location ins c/sat particular place, or tire first contemplated, or what is called s/njft_ warrant expressing thee same according_ ed warrants; that subject will be con. ]y, then, and ‘in such case, the proprie- s’edered in its proper place, in thii~note. tary, his leeirs and executos’s, should refund and make good to suds secosed par- Mzscellaneonus Pacts, clmaser time full sum or value, which he Edward Fenningtons, the second Surveyor_ thesaid proprietary, or his agents, did General of the provilece, died on thee 10th receive for thee same, together wit/u lawof January, 170m1.—Tlmereupon, fuli’uterest, from thee time such pumyment The commissioners of property, re. was made; and in both thee above men- solved, ‘Fhat no such officer shcruld be ap- tioned cases, if tIme latter purchaser, pointed Cell the pleasure of the proprueror his hreirs or assigns, shalt leave made be h’nowrn. any impu’ovements on thee said hand, such That the said office with all the books, empm’ovememets were to be valued by per- records, warrants, and papers behongimeg sores indiff’ercmetly chmosen, arnd paid for tlsereto, shall be takers into the commis,. by thee first purchaser. aioners’ haeeds, amid remains under their care, And as several persons had obtained and that the secretary shall chiefly super~ grants os’ patents before the date of the intend the same, with an able andLet hand, ctmarter, for’ more hands than tleeyhad any well skilled in surveying. right to by tleeir original wan’raumts, or That Jacob Taylor, now concerned in a orders for time semrveying, us’ layimeg out school at Abingdon, be invsted to take the tl~esanme, they wcre not to be confirm- management of said office under the secre. ed, but as to thee residrme cur overphess of tary. saud lands, were declau’ed to be null and All warrants to be directed to the seve- void, and of’ imone efi’ect; and new psi. ral surveyors of the respective counties, to tents wem’e to issue for the quantity they be retunremed into thee surveyor’s office, e~t were entitled to. ,Philacie/pbia. ‘Flee actthen proceeded with respect Tiean only copies of the warrants shall to time re.surveys wimich lead been made be sent into the coemntry, attested by the under the act of 1709, and the overpitia secm-etary, arid the original remain in the 144

1784. office as before, ated be entered on the books, Inc time -wam’u’ants issued ‘by TIwmai ~ arid every original warrant shall express Penn, especially for laeeds wetienue,~once. that time original shall remain ire the survey- norm, an entire new cla~~eappears to or’s office, in Philadelphia Book C, p. 64. heave beer, introduced: viz. “to paya The proprietor lead mortgagetl the pro. yeae”s rent at every alienatione ;“ but uti vince, by deeds of teaseand release, dated those rights -which were taken out lit Time 6th and 7th of October, 1708, to fifteen pounds ten shsihlings for one heume. Renry Gosidnqy, ~orbnna Gee, Sylvannus tired acres, this clause was omitted. Grove, yaM Woods, 2’homae ‘Callorubi/4 In many warrants it is expressedtlmat 2’honnas Ocrde, and ,yeffe,y Finsnel, with time -warrametee shouldfort/twit/i fulfil time powerto sell, &c. tem’rns, or the ware’ant to be void; but On the m-r’mnth of Wovember, 1711, Wih- most generally, it runs thus, 1~Tisat thit ham Penn executed a comneission to Ed- purchaser should comply with thee terms ~sardShippen, Samuel Carpenter, Richard withine six mont/me, or the warrant shsouhd Hill, t~aacM,rrin’, and ~amcrs Logan, as be void.” And in the earliest times, comm’sBssonivrs at property, with the same interest is made to commence from the powers, and in the same terms, as the time of any settlement, or improve- commission of October, 1701. ment. The mrrtgagees, by deed, dated No- Time terms of’ sale were equally mu” vember 10th, 1711, empower the manic e’egunhas’ sued unecertain, Am time comneeis- commissioners tO collect rents, grant and sioners lead autimority to giant lands, foe ~onflmmhands, &c, (Book 1-I.) such sums and quit-rents, as to theem, There was no Surveyor-General from the or any three of them, should seem jumat 10th ofJanuary, 1701, until the beginning and reasonable; so there was no uni- of March, 1706.7, when Jocob Taylor form system before time year 1732. Not ‘was ~ppointed,who contimmuetl until Berija. only the prices, but the quit-rents were zeein 1’astburrse was appointed, on or various. The warrants somet’nuies ex- ‘about the 29th of October, 1733, who pressed the terms of the contract; but continued until 1741. Wiiiiam Parson’s very frequently did not. In many casnis ‘commission, as Surveyor.Generah, bears thee quit-rents to Ice paid are insem’ted ii~ date, August 22d, 1741, His successor, the wae’ramets, witheout pnmn’chease money; ‘Nicholas Scull, was appointed ice the and from the variety, and unmoumet of beginning of 1748. John Lukens, who quit-rents in several cases, it would ap. succeeded him, was appoinsed in Decem. pear as if time grant head beers without bee 1761, and cautioned, by re-appoint- puerchaserumonmey. Before time year 1713, ment under the commonwealth, until his five pounds a hundred acres, and a btnsh- death, in 1789. Daniel Brodhead was appointed 3d of el of wiseat, more freqtuenthy one shmil- hing nuterhimng, quit-rent, were the com- ~November,1789, 2and cosmtinuuenh by re.ap. poimnoments until 3tI of April, 1800 mon ternns, and called new terms. Ins Samuel Cochran, was appointed 236 of 1713, lsnds were granted at sevens April, 1800. pounds, ten pounds, amid fifteen potsueds Andrew Porter was appointed April a hundred acres, and the common qnmit. 4th, 1809. rent of one siuilhing sterling From 171~ A tract of land, catted the Welsh tract, to 1715, lands at Oley, mud at (2mmeelogse, containing forty thousand acres, was sur- were gratuted at ten pounnds a hundred; -veyed by virtue of a warrant, dated, hurt the qtuit.rents Varied; leo some cases March 13th, 1684. The object of it was one sheihllog’ sterling a hundred acres; to accommodate the ,setelers, who came so others, a hahf.penny, and a penny from Wales, and desmred to be seated to. sterlsng, an micro. In 1730, lannds at gether. It appears, however, from the Oley are cham’ged at fifteen pounds t early records, that they were not flume. huuicired acres; stud in some scattered eons enough to occupy the whole ofit; but eases, appeam4neg in tire records, thee they applied to time commissioners of pro. puicO was still heighem’. No connected perry for hiberty to a,ppropriate it all; View can ther’efore be given of the cus- lent the commissioners rnosisted on interest toms of the Land’Office ire this s’espect and quit-rents frc-m the date of the evar- previous to the year’ 1732. From that lant, wleichm they did not accede to The time a system begins to appeal’; mend unsettled part of it was.therefore left open tlee fixed , price was fifteen potmncis teut to other purchasers, and maumy warrants shillings a ieundrerl acres, and one half- were afterwards issued to survey hands penny sterling an acre, quit-remit, wlmicli withime its bounds. continued tmntil 1765, excepting a varia- Then’s -was no uniform frame of war- tion about, and between thee years 1761 rants no earlytimes, Previous to the year and, 1763, when warrants were issued. 1733, tleey contained this clause, “If isot at ninme pomends a irumndm’ed acres; bitt .xcatcd by the indians :“ but in the war- the quit-rent -was imeereased. to one pen- rants issued by 2’bonsa, Penn, this clause ny atec’i’eng’ aim acre, In thee warrants was onutted. issued uemder’ the authority nf the trus- 14S t~esofthe province, after the year 171g. on divers parts of the said manor, but f~”g4. the terms were, most commonly tent confirmation of their’ titles Was delayed, ~ pounds,undone shillingquit rent,for one on account of the Indian claim~andthat hundred acres; and linen the warrants after the purchase of1736, licences were are for the first time expressed to be un- given to them, (called ,lflum,uston’s.Liccn. der the less ~ta1 of the province, which ore) thea wirolu granted to be about was continued mmftes’wsnrds, and time reser- 12,000 acres. Thee whole of this trans. vation is, (varying tire expressions) “for action may be scene in 4 Dallas, 402, to the use of the trustees of the provilice” 410: (Penn’s lessee and A7ine,) ire time. or “for the use of thee. pro~rietanytrus- report of whicim, It is said, tleat time ori- tees.” ginal warrant toed survey could not be It has generally been supposed, that returumed ineto the land-office atthat tiffie, the hand-office was closed from the year “be~aumetime lurid’s/fled continued soxur 1718, when William Penn died, until time from the death of William Penn lie 1718, arrival of Timomas Penn in thee year 1732. until tine arrival of 9’~Pemns, in 1732.” With respect to thee lands on thee east The report ielso states, That Tleoncas side of Stesquehanna, this needs some Penn, having purchased thelndian claim observations. Warrants appear to leave to the land, empowered Samuel Blusiatoni b*en issued during the wleole tinne, 51. to grant hicences for 12,000 aCres, to sa- most without interruption, and in vet’y tisf~the rights ofthe settlers, &c. There gt’eat numbers. Ire May 1719 warrants licesices, or r;mther promises to the set- began to issue for takisug up lands, un- tIers to grant them patents for thee lands der’ thee less seal, payinmg, as before sta- they lead settled, are sigOed by Thomns~ ted, “to I/jo use of the trustees ofthe pro. Penmme heimseif, wheesiat Lancaster, Octo- ‘cince.” As to the proprietaryship, it is bee~30tlm,1736. well known, it was some time in conmtto- It niay be suggested, timal. there wer~ versy, sued tiec will of William Pennwas other reasons whey the survey was not. finally estabhishred, sued time right decla- returned into tire land-office, at tleat, or red. to be in the younger branch of his any other time. (Unimportant indeed as family. It is tense, theM from 1720 to to the title, after its recogueitioni,amed war- 1730, tIme warramtts were generally tosur- rant ofre-survey ise 1762.) TIme warranC vey old rights, and city hots; but there itself was not issued from thelamed-ofiic~, are some new warrants betweemo those but under the private send of governoc periods, and the warrant for lands at A’eith, at Coeestogoe. The hand head not Oley, abovementioned, at the price of Sf-. been purcimased from thee Indians; the of- teen pounds a leundred, was issued in fice was not open for’ thee sale of thmcsn 1730. But on the west side of time Sus- and it was out of the usual course to queueamma thee hands Were not theen per. grant warrants for’ remipurchmased lands. eha~cd,and no other t’ight to them was Tiec council, on thee report of the pro~ vested in tIme propm’ietaries, except so far ceediumgs, seemed cautiOus about it, amed as .Dongan~sdeed, subsequentlyconfirm- refused to interfere, f’urtleei tleanm to per- ed, as we lmave seen, may heave been sup- mit time warrant, amed return of survey to posed to have given a rigimt to tIre lands be entered on tlecit’ minutes aitleougir on botlt sides pf Susqueleanuca, to air in- Cot, French defesecled. thre proceediemgs, definite extent. Butt thee terms of thee because the facts and circumstances re- cosefirmingdeed of 1700, for thee lands cited mi thee war-rant were truly stated our both sides of tire river, are “ne.rt “mmd, in his opimmiome, r7pn’lnff’ct Penn, ire.5 adjoinuing to limo sanue~”sued time lands whose namethe warrant issued, Wa~the were not cletmn’hy purcheased until 1736. late proph’ietoi”s ieeir at law; anccl wheat— liowever this may be cosesidered, we ne- ever tar-n thee afFairs of thatfamily might vertheless find from tiec records, thmat take, to r’e-st’ttle time property and domi- &r Willicntnu Ecitir, in 1722, with consent nion of the province, he didriotcontceiv~ of the leedians, as it is said, hmetd a stir— this measure would be hneterpreted, on’ vey mache for lenneseif on the west side of deemned to the ~ejudice of a family, dcl’ the river; which survey is rcco~nizedin, whose service it was so plmeiseiy nieumet and. is one of the boundaries oh, tire first arid inteiccieml.” strt’vey of tieeSpringetsisury manor; tIme flut altiroughm time land was out of thest Warrant for uleiche issued osi time l8dr of pureleases, as time Inmd’mans comeseneted to June 17~i2,amid recites it to be thee re- time sumvv~’,thee eneasure ‘itselfcannotbut quest of 1,1cc Imedians, that a large tract be considered as heaving been founded, of land, right over’ against tlmcir towses Osi the soumidest mined wisest policy, and on Susqueieanmnea, eeeiglmt be sue’veycd for Si;’ 1J’illini;si Keith cou’mdrtcted himself’ thee proprietor’s use only, &c. The war- wiU~great zeal for thee proprietary mete- rant of re-survey, of May 21st, 1762, rest, Thee conetroversy with Mar’ylammd, recites, amomeg’ otleer’ things, theMseummdsy with respect to time provimecial bounda- Ges’nians ased other’s, afterwards seated ries w:ms sit its height, amid tIre Maryhame. tieemselvu’s by leave of the pr’opl’ietora, de~’swetp sm’veying’ thelt’wnt’ramels, anti ‘VoL, IL 146

1784. pusiming their settlements along the Bus-, settlements at Tnmipelmocken amid the pup’ ~ ~uelmmiumiea,and wnthenn a sheort destanmee chase oftimose lands in 1732 sleould heave - from thee pu’eseiet town of York, with ra- been a srnfficientcautiose against settling pidity. At the treaty, therefore, on the thee lands over time river, if ‘some over- 15th of June 1722, tIme governor con- rnl’rumg eeecessity had mmot existed; and sulted the natives about maidiseg tleis our- wheat that necessity was, we heave seen. The Imedians seem to leave acquiesced vev; lie told them, theat when the land 5 should be mas’ked with the proprieta- and flongafl5 deed lead becse brought ry’s meanme upon the trees, it would keep. befon’e them at every tn’eaty. off the Mervlaemdce’s, and, every other A commission was iuemiired to Samrrel personrvimatsoevcr frqm coercing to settle Blunstome, on time lithe of January 1733.4, ~ar tieemec to distue’b th’m. to gramet hicences to settle amid take up We leave conmsidee’ed, say they, of what lands on the west side of Susquehannma. the governor’ proposed to us yesterday, Not because the laecd office was nit that and think it a matterof vemy great im- time closed, as lees been generally con- portemce to us tohindertime Maryhanmders ceived, but because time office could not. from settling, or taking up lands so meear be opened for tlmose lammds, which were us one Srrsquehaniea. We very much ap- not yet purcimaseci of thee Indians. prove wimat thee governor spoke, amid like The first licence issued by Samuel 1~scounsel to us very well. But we are Blumeston was dated on tire 24thof Janu- not willing to ‘discourse partierrlarly on ary 1733-4, amed thee last on time 31st of’ the business of lamed, lest time F2ve JV’a- October 1737, all of which, (and they lions nuag repr.oac1m or blame ens. were numerous,) prior to the 11thof Oc- Tlmey then asked thee goverumor, where- tobes’ 1736, were for hands out of the In- abouts, and wheat qrnantity of hand lee dian purchases. These grants the prs- proposed to survey for Mr Penn; who prietom’s wei’e bound to confirm, being is- answered,—” from over agtinst thee sued by thme’ur’ express consemet, as soose. mouth of Conestogoe cm’eek, up to thee as they ptrrchased thee lends from the na- governor’s new settlement, (Sir Willi- tives, upon the clearest legal principles, am’s own survey) amid so far back from as expressed in thee ease of Weiser’s les- thee river’ as no pen’son can come to are- see and Moody, befot’e cited. ncy or disturb theem in thecir towues one Here then appear’s a distinctspecies of this side.” lard titles; local in their nature, and dif- They then desired time governeor would fet’enet from all time former practice oftime immediately cause thee surveyor to come province. They were not hike thee loca- arid lay out thee land for William Penis’s tions or applications of later times, but graiidsocs ~.—Thewarrant was thereupon grants of a leiglmer m-mature. Inc Callmotsri’~ ~srced, amid the sur’vey made, Lessee v. .Thsnniny, 4 Dallas, 120, tire Information of these proceedings was court say, that Blunston’s licences heave ionmeuediately sent by express from gover- always beeme deemed vuthid, and many ti- nor Keith, to the governor’ of Maeyland. tlesinc Pennsylvania depend on them ; and~ Iiiorder to counteract thee Mamylanid in time lessee of Dunmeismg amid otleers v. mcroachments, it, appears further’ to Canothers, isr time supreme court, De- have been time policy of time pr’oprietary cember’ 1803. 4’fss. Reports, Time court agents to invite mud encourage settle- say, “ That Blunston’s hichnees partake ments one the borders; and such settle- more of warrants thman I,ocations, and ments were made witlein thee manor of haye all the essential parts of a warrant. Sptisigetsbury. A certain right was ac~ We have already seen, timat the proP qu’mred, and acontract existed,theat the fi. raise of Ricirar’d Peters, to give a prefer’- tie shouldbe macIc to sucle settlers, when ence to a settler to induce him to rumor-c- the purclee~sefrom time Indians should be from unpurchased Indiase lands leas becnr made. Certificates or licences wes’e ac- recognized. We will now proceed to cordingly issued, aswe haveseen, promi. exheibit otheer instances of recognition of sing patemets upon thee usual terms other titles irregularly conemnenced. hands in tisat coumetry were sold for—curd En tIre lessee of ,Fotimergill v. Storer, this contract was afterwards faithfully 1 Dalhas, 6, ci letter from Jaunts Steel, re~~ complied with. The year following the ceiver.geseem’aland secretary of thee hand- arrival of Thomas Penme,’ this system of office, to time sum’veyor-geoeral’s depu- settlement was recognized and pursued ty in Chester cotunty, ise these wor’d~. by hmim. ‘rice settlements increased; “ Friend Isaac Taylor, Philadelphia, 3, but titles could not be .acquis’ed; nor’ 2d mo. 1719. JamesLogan has agreed. coneid thee lend-office be openeerl for lands that time beater heeneof, William Willis, ore the west side of Susqruehmauna, sus it shall have 500 acres of laced at fJoneatO- lead not been prir~hasedof.’ the medians, goe, please to survey it to him, and thee Thomas Penn, thmer~’ore,departed from warrant sheall be ready. Timy hovinm~ the pm’tmctice of his great ancestor’. Thee fn’ieued .Janeueo Steel” was offered in evn- conepheumets of thee Indians against the deseco as thee foundation of the defend- 147 tent’s title. Objected on the part of thee September lOtis, 1762. I do hereby 17844 plaintifF, timat James Steel, by hm’ms order certify, that a warn-ant of this date is is- oumly, witlnorrt awars’ant from time pinpri- sued to .2. B. for 150 as, of lamed, &c. on etors, or the comneissioners of property, comnmouc terms of 1.15 10 per hundred could mint anmthmor”sze thee locatiomrof lands; acres, and a halfpenny sterling per acre, ~nd even supposing ‘it to eurmeouset to an forever. Imeterest ammd quit r’ent to corn. order from James Logan iiinuself, as he neceuice from, &c. IV. Peters. was only one of three coenmissiommers, ‘l’his also e’eqtnii’ed warrants of ac- such order cansmotbe asufficiesit warrant. ceptance in oe’cler to conf~n’neetimeproceed- But time court said, that under tlmesu ings, and these warrants of acceptance sort of om’ders from thee proprietos’s’ offi- conctaimeed a suggestion, that thee original cers, a great part of time province hued warramet could not be found—and are in been settled, aued thuat for thee geumee’al this form: “ Whereas it appeans by thee eormvcniunc’y tiecy lead been heretofore al- book of entries of warrants kept inc our lowed to be given inc evidenece, cued par- land-office, that one tire lOtIr day of Sep. ticularly in J11V)owall’s case. In tieett teenber 1762, a was’rant was issued to .2. ease, Inst April term, aletter from Ri- B. for 150 acres of lamed, &c. And wlcerc~ clmardPeter8, secretary oftiee land-office, as time said .1. 13. hatle now represented to tire same effect as tine above, was al- to us, thmat he bathe procured a survey of lowed; andthe Letter in this ease was mc- 218 acres uponi time said wam’rant, but tine cordinegly ruled to be givesi in cvidenmce. said warrant not being now to be found, A plot of a srnrveymade in pus’su:mmmce the said A. B. hatir humbly besought us of tine above letter’, inc Isaac Tusyloi”s own to grant him our wam’rant of acceptance, ‘ieaod writing, withr a meoto at the bottom, &c.—Of this practice there are many iii- theirs “ Surveyed inc 1720,” and in the stances about tlmis time. body of it time words “William Wihiis, it would be very material to ascertain 400, as” not returumed imeto the surveyor- the exact state of thelamed-office at every gcueem’al’s, or secretary’s office, but found periodof thee provimecial government; but amomig Isaac Taylor’s land papers, many fs’om what lees been sieewn, ‘it mtnst be years after his death, was allowed to be semi that it is impracticable to delineate given in evidence against a regtmiar’ war- amcy uniform, or reguiar system, None rant and survey posterior to the above; sucle existed. A knowledge of thee cus- a settlement aiecl possession being pmoved toms and usages must thee’efore be den— ‘to have been made, and the land-office ap. .ved from jsmstamcces cued facts scattered tlerougie its records. A variety ofthese tearingyeats 1718is andbase1732.beets shutSupremebetweencourt,the heave been already shewn; and time pro- April term, i763,—4nd judgenent affirsee. prietors appear to leave recognized the on appeal to time,king asmcl council. acts oftheir officers and agents, however Itappears also, uposm cxaenimeation, that irm’egular, with respect to the lands with- the practice wins verycommone ofpermit- in time purchases. Theme acts, practices timeg surveys to be neaduwitleotrt anywar- or customs, grew into rights, and heave rant, or on’der, citleer by connivamece of beenc considered as cometracts, which the’ the officers, orconesemet of tire propr’~etor, law woreldhave enforced against thee pro- expr’essed in some maimer, ueot of record. ,pnietor; and they have succeeded in “i’his gave rise to a new kind ofwanrant, courts against younger eights, however since rendered coeecmomein a different sort regular, as in Fotluery’ill andStover. So of inceptive right, called a ‘warrant of ire theeyears 1719 and 1720, we fim4 war. acceptance. Inc the years 1760 and 1761, rants issuing on settlements, said to heave timis wars’ant was frequently issued in time been made upomc agreements previously f’ohlowing form. “Whmes’eies, by oenr conic-made; a distinct matter from thee oun’veys sent and direction a’survey- was made, by consenrt, or time ccrt~ficatesbefore aneen. &c’~and theme requiringtime surc-ey to be t’eooed—Numerous warrants therefore accepted. rune tires: “Whereas in pursuance of ace About the year .17132, wimen William agn’ecunuesut macIc by us abotut five years Fetes’s Was secretary, anotlmer’ practice ago to settle amcdimprove (certaine hameds) was resorted to, of a very inconevencient you are s’equired to survey, &c.” But kind, and leading to much ir’regulan’ity; no eviclemece of such origiueal agreements winch was, to issue certificates of’ war- exists. If reduced to wnitineg, it must r’aots le?.viucg issued, wlmese inc fact no war’- heave been delivered to thee party obtain- emit was nssued, or any purclmase nioney ing thee licence, and not entered in the paed; and on tieese certificates surveys minute books. But it clearly appears, were made wrthortt ammy uutleority or di- repose a very minute examination that m’ection horn the snnr’veyor.generai, But there was no time wirer the lqn~-officc after time year 1765 this practice was can be said to have been shut, or whecnr hibited by special instructions to time de- warrants could not be procured. The ~)utysurveyors. These certificates ivere examination has been laboriously made ~nrtire followimig form. wIth mev~niwto gsctrtaiic the conr-ectneesa 1.~s i 784. of a circrumslanee stated in Fotlner,giif grantwl during thee minority of’ thepen- ~ aurd Steven’, mmcd Penn and li7i,se, cued. prietors, mien retire cs are made b~himin for ven’y frequently mentio,med hue the courts patenting n1 the accusfec-~cInussmuuen, e~or In the present dunes, that the Iasud-ojJice dons any record, exient of’ them in Iris of- was close4 from 1718 to 1732, during thee fice’. It remains to accctunmt fw this de- uninmom’ity of W,illianns Penn”s children. It partut’e from practice; :‘nctit will appear, has been one of thc~causes assignued for’ tisat, ahu’o,ugh the office of surveyor-ge- the origin of iurrprovememet rights, which C) t~n,red,and surreys cvere made - must he traced to a highrer source, thee by Iei~deputics emS usual, yet for uml other ~mfflied conocnt mind cueguiescemuce of’ the purpoee-s (making retuerns of surveys al- proprietors and tleeir agents, notwith- ready nn heis office excepted) his usual standing some of their’ public acts scer~ duties, andgeneral powersweu’e suspend- to discoumetenpflee them and wliicir will ed. Asmd altleoughe no difficulty cxmsted be related by andby. as to obtainimeg and confirming Utica, Inc Fotluergill v. Stover, when thee re- throtugh a certain channel, yet as thee old. ceiv~r’-gener’alwrites to thee de-puty-sur’- practice of his office wets interrupted, veyor of Cleester county to make a sur- thee idea must have arisen, that tire laneL’ vey, ice at the same tince tells lmine that ojice was closed, whesc in factone branch “the ‘warrasst shall be ~ which of it only, partially ceased to act, To could seat‘bc, if time land-office was shut, all substantialpurposes itremainedopen. sind thee powers’of the eoninpiissionerr of And if we descend to a vem’y nice dis- property suspasnded~ It has been airea. tinctiome, and say, that allproprietary are- dy shewn, tleat, independemetofpromises, thon’ity ceased with thee death ofWilliam hicences to settle, and licence to make Penn, amid cotnid not be revived, as euci~ surveys, without warrants, a very great during the minority of iris successors, number of warrants issued in time usual yet a power remained behind, uneextine,- form, changing omm~ythe clause of “pay- guisimed, wlm’rch amrswcm~edall ~sef’uland. ing to our’ use” to “paying to tire use beneficial purposes; and whether th~ oftime truste~sof the province,” in regu- pnebhic business was conedrected by t,rus- lar successiose, frouei ~718 to 1732. t~c.’s,or agents, yet if it was effichen~iy But it is equallypertain that none of done, it was the same to the people. ~. the we’rr4nts thus issued, weretransmit- few n~ore observatiops, therefore, will ted, as usual, to the surve~or.geneeral’s, close this poipt. office, nor’ were timey enter’ed there at l1”illiton l’enn, by his will, dated in ~ny subsequ~nttipte. To give a single 171~,appoimctedt certain trustees, and de- iflstaflCel A Wicreamet is~uc4to once .t~eten’ vised to Umene. all his lands, &c, in Aemee- .Bartotet, for lamed at Qley, on the 25th of rice, upon trust to sell and dispose of so March 1720. But this warrant is riot to much of’ his said lammds as s~uouidice suf. be found. in the sqr’eeyor.genenaPs office. ficient to pay all his 3nest debts. Siuppo- But altlmouglr notdeposited there, wleen sineg this wilh could operirte only our imi~ it came to he patented, oec the 29th of private estate, which was excepted orsh ,Tune 1736, it is reco~se~zed,and thee sine. of thee Pennsylvania moe’t~’age;or, tlmen.t veyor.gener”4 makpa ida return to time no power’ cousin! be i~emediatc1ydcm’ived secretary in time usual nuanmeer, thus. from it, durimeg time lKiguttiome respecting 50 Pennsylvaenia,0 as, By vir’t~cCof a war- the will, whs’nclt was established in tire rant horn tire proprietary’s isite commis- court ofcxeieeque~’in July 17~7,and not sioneers of pn’opert~,dated 25throi’Mat’ch before ;—yet it must be remembered, - 1720, surveyed to Petew BartoIØ one thee that thee legal estate of the province wa~ ~30timof same month, ati’actol’land situ. scot in Williaene Penn, at thee time of leiS irtu inc Ohey, inn time coinmmty of Phmihadel- deathe, but in tire neortgengees ; and it ~hia, beginning, &c. cosmtainimeg 1~’0aer’es, will also be remembered, thatwieen Wil— returned imeto the secretary’s office, 29th 11am Penn executed a commissionto per- of June ~736. Furthem’, on exannisuation tain persons, ire ~711, to be imis comnhis- pfthe receiver.genpral’sbooica, from 1118 sioners of property, it was necessary for to 1722, monies appear to leave been cc- tIre niortgagces to eXe~nte a similar’ carved for lands, and mrccotmmets settled, commission, which was done pn time fbi- durnng the whole period, witirput inter’- lowing day; and power was givene by’ ruptnpn. A~ain,on exarninineg the pa. tiremlo grant the lands of the province tent books, for the same period, it ap- mind receive thee monies for the purpose pears that an inernena~meumbet’ of patents of extimeguisteimcg tire debt. This niort— issued. Fur all these patents wtiichewere gorge was unsatisfied, and Richard Hill, for otni nights, and surveys made before Isaac .T’torri~,Samuel Preston,amid .fatrue~ 171d, ann! one some warranetsof re-survey, .Logaru, the commissioners of ps’operty ~nd for city huts, tiec sur’veyor’.general appointed in 1711, still sumr’vived, amid. ~nahceshis retuu’se to time sepretary, in 5 were also the trustees of William Penn’s the us~nlmanner, But for patents which will. They therefore granted wsa’s’antS i~uvc~4ur~n~ti-mitt peniod~on new rights, and issued patents; if nqt as propriete~7 ~49 officers, yet under ample mmmd existing 1. To sellby way of lottery 100,000 1784. powes’s. But the mode wasvaried. When acres of land, and estimate thee san-me at surveys were made, if a patent was re— the settled price of’ fifteen pounds ten quire’.l, timey took the first return of sur’- sleillings, current moneyof this pl’ovince, vey, without requiring it to be entered for one hundred. acres, wieich amounts ire tine surveyor-general’s ofFnce, and a unto the sum of 1.15,500, formal return transmitted from tlceje~e. and timat the same be purcha- The pateects were in their own names, sed bythee saleof7,750tick- and recited as well thee commission of ets, at forty shillings each, William Peumn, as of tire mom’tgagees, wimicir likewise ancoumets to i5,500 Josinia Gee, amen! otheers, of 1711, and 2. That wieercas a quit rent of one thus vee’y mamiy patents exist, a trace of Imaif penny sterifleg for every acre, (o~ whiclr cannotbe found. in tlee surveyor’- fbu~shillings and two pence for every general’s office. liusidred acres) is now annuallyreserved It becomes necessary now, to meotice on all lands granted by the proprietors; another mode of selling 1a,nds in the yet for the particular bonefit and advame. pros’ince, which wasadopted in the year tage of the adventurers in this lottery, 1735, by lottery; the scheme of wielok ire more than one sleihUng sterling shall was published on time l2tle of July, inc he reserved on every hundred acres of that year, rind, was as follows. time said 100,000 acres, as was agreed to, Sc/memo of a lottetnj for one humsdred nerd paid by thee first pureheasers and. set.- tluousasmd acres of land in S/se province of tiers in the province. The r’eservertions Pesmns,ylvania. - as to mines tobe as ustmal ;.theatis to say, The leonourable tire proprietaries of tlrree.flfth parts of null royal mines, aned. the province of Penencsylvania, heaving one-fifth part of all other mines, free of considered a proposal made to tleem for all cleaxges for digging and refining’ the the sale of one htuedn’ed thousand. acres same, of land, by way of lottery, and finding 3. ‘heat the tickets to be delivered to that tire same tends to cultivate amid im- thee adventurers be expressed in the proee thee lammds, amen! conae~uentlyin- word-s following, viz. crease the trade amid riches of ticis prow This ticket entitles thebearer to wheat-. vince; and also considering that many ever prize shall be drawn against tbe fhmjllnes su’e, through inssndm’ertency, set. number hereunto prefixed, in the lottery on laad~ Imo which. they leave no for thee sale of one hiuuedxed thousand mfiglct, but hey leeconsing adventurers in acres of hand in tire province ofPenmnsyl- sucim ui lotter’y may have are opportuueity varnia. of securing those lands and settlements 4. That the number ofbhamiksand pri~ at an easy rate, to theemselves ruin! their me be as fohlqwcttm, viz, po~terity;have therefore agreed,

Prizes, 1 300Q 2 of 1500 ae~es 3000 10 of 1000 10,000 20 of 500 10,000 - 140 of 200 28~000 150 of 100 15,000 250 of 50 12,500 720 of 25 18,000 ~3enefi~s1,293 99,500 ~lseks 6,457 200 first~dr fi,esides any other 301) iastj awn ~ prize that may Tickets 7,750 “~ be drawn against ~.00,000 i.,~ them.

5. Tire! th~numlmbar’ of acres thee ad- becoming adventurers themselves, or by venturer’s sheahl be entitled. to, maybe laid. purchasing of prize tickets, may have ~ut any where within the province, ex- liberty to lay their’ riglets on the lands cept one manors, lands already surveyed, where they are so seated, or agreed for with the lm’oprietor’s or 6 and. 7 Managers appointed, to draw thcmr agents, or that have been actually the lottery, publish the prizes, &c, settled or improved before the date of 8. That the adventurers entitled. to these proposals; provided nevertlmeless, prizes, are to be’ing or send in their that such personcs who are settied on tickets to be examimeed. with the boeks hands without warrants for the, same, and. kept by tire managers, that certificates that msmay be entitled to prizes, either by of theprizes 1~lon~in~theretomar, b~t 1~O

1784. any emit of theme, be endorsed thereon, entitled to prizes of 500 acres and up. ~ which being produced at tire secretary’s wards, may have them subdivider! iumtn, office, wars-ants shall immediately issue parcels of riot Less than 200 acres, by re- to the surveyor-general, directing rc- gular’ lines, conformable to thee corerses turns to be made accordingly; on wlmich of the whole tract, and take eitleeroneor returns patents of confirmation shall be more of tirose subdivisions. forthwith granted, on tire usual fees to - Theseveral located tracts abovememi. thee several officer’s concerned. For tioned, with the usruel allowance for wlriche examination and certificate two roads and highways, simall be reservedfor’ shillinngs and no more shall be paid. thee use of the adventurerstwelve months 9. ~l’hatarmy person having a reght to after tire drawiscg shall be fenished, and undry small prizes, may have threm, or no longer; tleat is to say, six months for ts ninny as lee shall deuce, inciucled in the use of those emetitled to prizes of 200 ene warrant, or a large pu’ize divided in- acres arid upwards,’ but if they do not to smaller parts, slot less than 200 acres within that time declare to the said ma- -inc one parcel, and- take wai’rants accord- nagers their intention of takimg thee lots ingly. tieat fall to tireir slean’e, ammy adventures’, 10. That for the more effectual seen- possessed of other’ prizes, may, witleine ring to the adventurers the surveyingand the remaining six monthms, lay their taking up of lands they may be entitled. r’iglrts, by regular lines as aroresaid, one to; mend to time end that the same may be such appropriated. lots.—(Proprietary laid ormt to timeir satisfaction and advan- papers, No. 197.) tage~it is agreed by the proprietors, - This lottery never filled, and was that from t1m~date ofthese proposals, and therefore never drawn; yetas maseytick- for tmool’ve months after the drawing is ets were sold, they became thee titles to flucisined, no ‘warrants shall issue for the hands. But thee surveys were made, an4 temldsmg up any vacant hand witieirm the thee lands surveyed were for a loneg time province, nor’ that any lands therein be kept apart from thee common mass of surveyed, except only on former con- propee-ty; and so late as the years 1769, tracts, and warrants theat have issued, and 1770, we find warrants of accept- or lands seated and inzpn’oved before the ance for pau’t of tleese lottery lands, one date Iuere~j~ special tem’ms. Upon isispectioni of time 1!. That tire lottery be drawnin pub. warrant book, no warrants appear to .hic, in tine month of December or Janu- leaveissued for more than ~n year, but ary next, on’ sooneen’, if the wimole neum. for parts of oldrights, or such as were. ben’ oftickets sleahlbe disposed of befcni’e founded ore previous settlements and inn- that time. pr’ovemerrto, on former’ agreements, or Lastly, Whereas sevcrai of the ad-van- warrants of re.seir’vey, as pe’omesed es~ turem’s may be unacquainted with pe’oper tire lotteryscheme. places whes’eon to locate their’ pm’izes Of the law of improvements, we ohnihl they will be entitled- to; it is timerefore speak at large in anotleer part of this furtheer agreed, that sever-al tracts of the note. It grew imp from a very early pe- best vacant lamed shall be laid out, and riod, by the acqmnieseence of tine proprie- divided into lots, for’ all prizes not less tons, asid tied’ oflices’s. I~this lottery tirame 200 aere$; all which lots shall be scheme timey are recognized, and except. nmnnmbered, and drafts thereof lodged ed from otieer appropriations, althouglr with the managers, arid tire surveyor’. there could be no necessity arising front general. Time prize tickets of 200 acn’es time shrutting of the iand.offices ire 1735. rind upwards, (which will be mixed with It is true, intime beginning of’ thee scimenne, thee otirer prizes amid blanks) are like- improver’s are spokese of, as person’w who imuse to be neumbereci on tire inside there- limed. isradven’tenrt(y settled on Iaecds to of, so that the situation ofallsucim prizes wheich they lead no e’iglet; yet tiney were cviii be determined at time same time tleat never distus’bed, aithiough sonic of thee the tickets are dracvne, by core’esponding public acts ofthee pu-oprietors seem to tlis- numbers on thee said drafts exact regis. counlenusnce tine practice. It. lead howe- (erg of thee rnrnnebers on siuch tickets as’e ver taken so cheep a root, tlrr~tat this pe- to bc made with the daiiy entries of nod, and- in hatertimes, it became a part ~rizus drawn, that time adventures’s may, of thee settled law of the board of pr’o- .se examination, know wi-mat lots they are penty to give time preference to tIme inn- entitled to. - prover in every ease of’ cnneftictimegrights. But for the further satisfaction of the improvements, witlronnt wrerrrnuits, did adventurers entitled to suche prizes, they not form part of thee system of William shall have thee choice either of abiding’ Penn; nor did Ire contemphate army utheer by theirrespective lots, orof laying their kind of title, than legal purchases from nights on any other lamcds within the pro- heimseif. Thus, ire 1687, one ,qllemr bud vince, as is provided in the fifth article. ~‘snrd.~uch of the edi~cnturersas shall be seated hand cositraryto order, and without being surve~ved, lIe was ther~for~ 151-

~rderçd. te appsar before the commis- tiomr money fbr the same; that u~Ies~1784. sioners, to give hmns reasons tlnerefbr, or they sheall befoe’e the first day of March process to issue against him in the pro- next, pay unto our receiver general the prietary’s name. He appeared accord- consideration money which ought to be ingly, amen Was ordered to leave it in si. paid according to tire usage of our hand reasonable time, or be prosecuted. Jour- office, for the hands of which they are nal P. possessed by colour oftIme premises, Os tieat they heave them eommfimmed by pa- 2~vennber23d, 1738, tlmefollocningproc- tent, they wihl be proceeded against ac- larnatiosm issued, by tine proprieeariec of cording to law, in order to be resiroved. Fensnsylvania. from their possessions; and thee lands fm’om whence they shall be removed, cviii Whereas great numbers of people be granted to sucir mrs will pay for, and. have imeretofore obtained from our com- improve tire same. By order ofthe pro- missioner’s of property amid lately from pi’ietsie-ies. llkluard Peters, Sec’y. ~ursehm’es,warrants directed to r,ur sur- Theat this call upon the people was not vsyor general, for surveying to them thee complied with in very n-marry cascs, is quantities ofland mentioned in their re- certain. That any measmnres were pur- spective warrants,for which theey agreed sued to remove settlers does in no wise to pay toes the consideration moneyand appear; and but a little reflectiose ‘is mm— quit-rents, therein specified amid reserv- cessary to persuade any one theat pro. ~d, with express conditions in thee said ceedinegs of that nature would. heave been. warrants likewise contained, that in ease inipm’aeticable. The strong presumption. the i’wrsesms to cvhom thee said lamed-s is, therefors, that such a measure 1meve~ should be surveyed, did not fulfil theeir was attenepted. But to this period we respective agreements withein thee space trace a new kind, of warrant, called in. of six moneties from tire date of thee gaid vacatinng -zvarra;nt. These warrants, re- warramets, that thcir the said surveys cite, rr That a forneer warrant of a cer- were to be void. tame date lead been granted for time Ared whereas many persons have by hand, amid theat no money head been paid, colour of time said warrants and surveys, amid. thentt thee wan’nairtee lead not com- possessed thenmselves oftire hands omen- plied with thee terms.” The proprie- - tioneed ire tine said warrants, without ha- tors theerefore vacate time old warrmerst ving complied. witlr anypartof the condi- and din’ect a survey to be made of tine. tions upon which they obtained the same land to time new cvarrantee, or ti-mat the ~ ithein thee time ther’ein limited, by rea- survey already made be return-med anmd ac- son whereof thee said warn’ants and sun’- cepted to heis use, (as the case may be.) veys, aned all the estate tleeneby ineteneded The otimer recitals are various according to be conveyed, are become utterly void. to thee circumstances attending thee par- And whereas otleer’s under pretext of ticular case. Sometimes they recite. leave from our commissioners, asic]. sonic transfers from tire original warrantee; without asey heave, licence, warrant, or’ but in many cases, wheere n-mo nionrey cvums .tleer amrlhmornty whmatsoever, heave eneter- paid, there are no recitals which cane od into the possessiore of our’ lands, sued lead to amey factsrespecting thee nature of have tndcen upone theem to tranesfer’ timeir thee transaction, or eneuble us to deter- claims, unifier time nameofimprovements, mince precisely, whether’ inc any case such to metirers for conesiden’able srrnms ofleeoncey, vacating warrant issued adversely. In - amid great numbers of all sorts leave many cases, when-c money lead been pai& cleared great part of tIne land upon on account, such payment is carried to wheich they are seated, and cosetinue to the credit of thee new warrantee; wieicb. cut dowim sued- destroy tire timber, with- could not leave beesr done, but by some sat any regard no orrr property, aned in compn-omise with, or satisfactione to, the nmann’nfest prejudice nnf’ornr right; so tirut original owseer, mnmnmifestly appearing to we might legally proceed witironit fun’. thee officers. In other instances a mixed timer delay, to renmovu all such persoses kind of warrant appea’s, partaking part- from their poSsessions; yet hue conesidera- ly ofa vacatimig warramit, aned partly of si. tioum of the heard-ships wimichr many of thee warrntnt of acceptance.—An instance ot persoses might sullen’ mm the wineten’ sea- tlnig latter kind is here givcne: “Whrereas son, should they now be tue-seed out of a cvari-anet dated thee 6th day of January, theit’ dwehhinegs, we heave thoughet fit to 1737, was granted to Joseplm Scott for’ give this public notice to all wiro mold two hmunecln’ed acres of land, See. but thee. any of our lands uneder any warrants or said J. S. did not comply with the terms surveys, or pretended assi~nmmermts,or’ of thesaid warranet, whrereby the san-me be- unmder pretence ofa possession without ca,esevoid; nevue’thueless his executore.toob authorntyas aforesaid, or otherwise inocv- upon C/scm to sell time said. lamrd tnt public soever, who have not paid any considera- vesedue, Sec.” it tieen r’evitestlrat the pur- 1

1784. chaser procut’td asurvey to be made to estategramnted. Co.Lit, 2b2. b, 218, a?,, 2 ______H. B. “who bathe humbly r’equested- us Black. Corn. 155. Stnpposing it to be a. to grant heim a warrant for the accept- mere agreement for the sale of hands, the ance of tine said survey, and. we favour- vendor, after he haul contracted to sell, ing his request, See” stands ins trust for thevend~e.‘l’he max- ‘I’irer’e is but once case on this subject im in equity is clearly established, that thee lessee of Robert .Lsmvrey v. .Tames0 wheat ougietto be done, shall be taken as ~i6son in Cumberland, Apr-il 1796, be- done. 3 P. Wires. 215. 3 Black. Con. fore 8h~ppcinand Feate8, Justices, .2l.fs~. 438. 2 Vez, 631. 638. and acovene an!fon- .lleports. a valuable cons’ndersrtion, is, in equity, Ejectment for 200 acres of land mm tantamount to a conveyance. Pored on Ilopewell township, brought in the com- Dcv. 594. Wheere there is a conmd’r- mon-pleas to October term 1781. tion for the payment of money, tire court Tire plaintiff claimed nerd-er a survey, will grant relief, 1 Stra. 453. If paid - of 200 acres, made by Thomas Cookson, withr interest it is sufficient, 1 Fonb. 388. B. S. on the 11th of September 1744, Theprevailing distinrcdosr inn equmity, is to marked. “surveyed on a ticket, ‘warra,ut relieve against conditions, as well piece- n’s be made out,” ~anda subsequent cvar- dent, as subsequent, where compensa- ramet to the lessor ofthe plaintiff for’ 100 tion cane be made. 1 Esj. nnbr. 108. Am- ~ncresof land ise Hopewehl, mend dated bI. 511. 514. 1 Salk. 156, 1 Clean. ca. 49. 18th of February 1744-5. Botie thee sur- 96. 12 mod. 184. 2 Von-ne. 222. 366. ~94. vey and warr’ant were indorsed—vacated flint theis condition is not precedenrt to the amed returned for the use of Georgecrog- vesting of thee estate. It is similar’ to thee hats. - ease in Gilb,Eq. Rep. 4Se Prec, Chian. ~‘ The vacating warrant was dated 22d 387. S. C. of June 1749,in favourofthe said Gesn~g’e Thee clause usual in all warrants, that C,’ogiian,and-recited that “the conditions ~in case the party fulfils his agreement of tine former warrant had- srot been com- withein six months firem thee date, tire plied with.” Tire defendantclaimed un- warrant and survey shall be valid, other- der a patent issuedon the clay fohlowineg’ wise ~ has never’ been constn-ued. to Crag/nan. witle tine strictness corrtended for’ by the It did not appear, that any money lead defendant; and ifsuche was thee law, thee been paid by .Loinnrey, when lie obtained, toost pernicious consequences mighten- his warrant, or theat he head even’ been lie sue to the community. A customer to va- the actual possession of the lands inc cate war’ranrts less never existed, where question. One thee contrary, itwas sworn surveys have been nriade on timem; and by one witness, that in 1779 he wished. such warrants hia.vo never’ prevailed, un- to buy the lands from plaintiff’, amid offer- hess by tine agrcteneicnt of tine party who ed hint ~.100for’ them, it’ he. could make took out tIre first right. him a good title; and enquired of him The defendant’s counsel argued, that wleetlrer he had not conrtracted. witir whatever effect thee words of a Warn-ant Croglsaon fbr time tract, to which lee repli- might have, thee fact wag notorious, tiemet ed in the affirmative, beet that he had re- many c’alumable titles depend-er! one vaca- ceived- fi’om him only /.6. The lamed- was tisig warranmts, winch it would be imighehy tleeen uncleared, but now almostall of it datigen-ous now to unsettle. Time late was in cultivation. proprictaries, as lords oftine soil, grant- Theuplaisrtiff’s counsel contend-ed-, that ed their lamed-s in tiecir own ieeode, amid in vacating warrants were utterly against many instameces adopted tine practice of law, nniess preceded-by an actual entry. issuingvacating warrantL Tlee proofof The late proprietaries wefe as much particular equitable cireunestances, in- bound-by settled legal principles, as any ducing theem thereto, cannot rcasoleabl3r individuals, No private person, after be expected after a great lapse of time. any lapse of time, however great, could They will be presumed at~ter’a length of annul by his own power, a contract of years anal possession. Livery and. se’rsint sale, by a memoranmdum endorsed timere- sinahibe presuenmed after a possession of on. Warrants to surveylammds, recite tire twenty-five years. 12 Yin, 126. agreementof the parties, the terms of Cases heave occuru’cd of warrants ha- purchase, and the time of payment. Mo- ving beene granted.where no money has nusy was commonly paid on the issuimig’ been paid, though it is admitted they are of the warrant, and so the jury would. rare; but from no proof being given of presume in the flu’st instance, through no such payment, tine jury should not con- proof was given of it. clude tleere was money Paid. At sill even-mts a wan’rant effected aim Thougie an individual cannot by his estate ore cane/AcIsin, and, in case of a con- own act defeat a purchase made from dition broken, the law Was clear, that a him, yet cleancery would not decree re-esrtry was necessary to defeatthe first thee specific execution of a stale sLgr’~C ment; and hentee It is, that warrants it is fair, just, and legal, to presume a and locatioums not pursued up withe pro- cuntract of the phaiimtitf’ with Croglian, “ per’ d’nhigenmce, will nrot gnve a tithe to witleornt positive testimony. An act of hands. One comiseg to be relieved parliament may be presrmmed; a gsamit against a forlè’nture, inmost claim within may be prcsnnroed from gm’eat length of a neasonable time, 1 Verni. 450. One possession, Cowp. 215. No evidence conusanet of his right,, sufFering anotimer has been given of army collusion be- to build on hmis hand, shall be poetponed, tween time proprietary officers and Grog- 2 Atk. 89. A defective estate slmalh not han. be aided against omme who has thee estate Supposing, ieowever, the comrepiete on good consides’ation. legal right of the defendant otrt of the Tine court recommemeded to the coun- questinen, and tis~the relied solely on sel to state tine case, in order tieat the his possession, and, those who pr’eeeded legal point s’especting vacating warranets 1mm, 1-mow would the case stammd? The nnight be soienmnneiy settled. in bank; bnn.t survey was made on a ticket, pr-evioe~is timey dechinmed it one each side. to thee platntiff’s~war’rant, which does The count tiien summed. up thee evi- not appear to have beeme ~ceepted- in - ~ence to the jury, and premised, that ise thee proper office, whether ire paid eno-~ all cases where there had been great ney on Iris -.varm’ant, or not, of which lesmgtlr of possessioun, and imrnprovem~nts there is no evidence. If lee did snot with um~tteunder a complete legal title, the due diligence follow up imis wam’rant, lay jury sieould be very cautious before by 37years before lee brougiet his eject~ timey fined -a Verdict engaint suchr person. neent (wis’snle is near 15 years ago;) took As to vacating ‘evas’s’ammts, many tithes neo poseession, nor cud any act of own~ depended on them. Wheetleer tIre corn- es-slrip, but silently permitted others to muir provisions in warrants, that “If ineupnove time soil by thmeie labour, ice tIre smgreennent was not fulfilled in six canmnot now expect to succeed on any montiss, the warrant aned survey sleotuld pn’inciple of mw oi~equity. Verdict fo~ be void,” weu’e linriteitio,ua- or rend/tiens, defendant. - the court would not meow determinme; Brnt that the cases are rare in wheich nor wheat was thee strict legal operation warrants issued without the money be- of such warraurts, giving a surveyor an meg paid, as stated by the defenclannt’s autlnority to survey aned make return of counesei, in time foregoing case, canemot lends. Certainly tire panty in wheose fa- be nudmitted, On tlee otiner hand theey vour time warrant issued, miglet abandon will be found to be verynumerous; and his claim, asnd forfeit it by gn’eat lan-lies, are of two classes: Such - as issued. or neglect; or, inc tleose early times, with thee proprietor’s knowledge arid .rc/i and transfer it by pan-mel. Where one consent, expressed; ir~which eases an less trifled, or sIrewnr a back’ivardnmess entry will appear, inc thee margin of tlm~ in performing his part of the agree. warrant “ .B,y-apec/a/ arder,”—crnd suo~ nnent, chancery cviii irot decree a spc- as went out without such cose~e1itex- dde execution, So where a conrtr’act pressed, for’ reasons-winch perbaps caju- less lain dormant maney years. not be ascertained. \Vheur a warrant right, therefore, has Theere is a large number of ware’armt9 not been pursued withe’nne a reasonable in thee office in a situation still mor’e sin- time, owing to such circumstances as gular; many wleiclr have never been leave been before stated, or of a like acted one, and other’s which have; and kind, the proprietary officee’s pursued wheich form tire basis of ni~ueytitles, time custonen of issining vacating war- We allude to such as have never beese rants, and such power, inn the settle- signed by the gom-ernon~,whose signa- ment of a yonieg crrnnts’y, was absolute- ture was meecussary. For once class of ly necessary for’ the commomr welfare. It warrsnts under theis circothstance, time ‘was not tire usage to grant them, un- records of the Board of Propeiiy Rer- less after full inquiry, and thee special nishn a satisfactory reason; amid as sonic eqrnntabla cneerrmst-ances thetis aster- tithes may depend upon nt, time explanea~ tamed, were never recited in the Va- non becomes inedispenesable. catnneg warrants. Tire propr’ictaries In ti-me ye-ar 1755, a warrant mssiiecl ~vere not en the imabit of leuseting for for hands on time ,~umnnafa,in tire seance forfeitures, or of strictly exactinmg them. of Barusa&y Bar,sea. It was not ssgnced’, Sosne proof of a sale by .Lowrey to Chic’- nor any isroney paid upon it. A, sur’vey ham, has been produced.; beet: from ti~~was however made upon et, whuch was length of time simece tire tranusaction not returned, until a subsequent ~van’- happened, it would be reasonable to rant was applied- for’, rwmd issued, the preaume some grounds on which tire vacating wstvr’ant issued, ‘if no such the same lasmni, on which money was evidemmce lead been given. Time la-mv paid-; rued it cain-me befode tire Board of greatly favours anmil Property, on a courtest betcveemc tine two a i~on~’possession, wagrantees, for dec’salon, as to whneie VOL. fl. 154

178~. warrant thee survey sirnulni be returned-, been signed by thee governor for tire time being, as time chief commissioseer of’ the dn the l5tir of May,tm 1768. Thee Board decided, (goc’ernior Johen Penn being Board of Property, or mnmney hued beeur present,) tin-at Barnaby Barnes’s warrant paid thereoue to the Receiven’-Geueerai. was in the ,ma-nw s/teat/on as that of ma- The objectiosi, however, appeas’ing to be ~i others in Gorernor JI’J’orris’s time; tlmey a sur’ps-ise on. the plaiiet’ifi ‘s -couiesei, were enade out and entered in the wan-- which tirey were unprepai-ed to meet or janet book iur the secretan’y’s office, and aneswei’, ajuror was witimtlrawa by eonn- sent to julia. to sign, but were never sign- senet. ed-byhmim. They therefore meld Barnes’s The case came our again, before tIme warrant to be the first appropriatiout of same jnneiges, in May, 1805, wieenr a the land, and ccunfirneed it accordinmghy. credit was produced from the Receiver- Minute book I. page 121. Thee patent General’s books for ~.5, on account of issued, but tlee warrant was never ‘rue thee warrant; and it was admitted to be Lime Surveyor-Genes’al’s office. The pro- an authority to survey time lends, as tine prietor did not permit any person to be party had complied with tine contractour imejured by the negligence of his own iris part. But a verdict was fouimd f~rthee deputy. Robert Hunter .lhforris was go- defendant our othen’ gn’otunds. MSS. Rep. vernor from tire beginning of October, Inn bringing togetimer so great a num- 1734, until about the 20tir of August, ber of facts, it is ieripossibhe to avoid 1756. some repetition; nor can time order oi~ Thee foregoing being a case in wheich tinne be distinctly observed; this part the warrant was not only unsigned, but of the note is, as it is called, entirely on wiricir m money was paid, is in op- miscellaneous; and perhaps as irregu- position to the sentimeuets of’ tire court lar- as the sinbject. in tire lesse of Daniel Gripe v. tire It must have been observed, that in Rev. David Baird, Huntjngdon, May, Barmsaby Barnes’s case, a survey made 1803, before Teates amid Smith, justices, on a warrant, ‘whricie was not only u,s- MSS. Reports; in whichr tire rennarka- signed, but no money paid, nor ti-me snmrv~i ble fact of’governor Morris’s negligence returned, was ceot for any of theese rea- in signinmg warrants, was eitleer not sons considered to be illegal; but was known, or not menetioned; although time adopted, as being thef/ret appropriation phairetiff’s ryan-rand was exactly in tIre of the land by tire governor, wi-mo was same situation, having been issued in himself one of the proprietaries, and governor Morris’s time. The case was the whole Board of l’n’operty, in oppo- ~ follows sition to a regular’ warrant, and money - The plainetiff chairneti under a war’- paid. It is true time wart-aunt was issued rant issued to Samuel Sinitm’n, for one in governor Moryis’s time, wino appears hundred acres, iii, &c. dated 3d ofFeb- generaihy, to heave neghected to put imis ruary, 1755, upon winch a sum’vey ofonce signature to the warrants, withmout humeri-ed and eighteen acres arid allow- -uvinichr they could met be entered with ance rvces made on time 3d of December, time Surveyor’ General, 1774, by Thomas $mith, 1). S. It also appean’s by tine recital of a ve- The original warrantdirected to Rich. ry great unumber’ of vacating warrants, - ard Tea, the former depoty surveyor of where surveys were made, timat no ma— thee district, and indorsed by 1’. Smith, ney was paid; so timat ti-me practice munst “Executed 3d December, 1774, Sprinmg have been pretty general. meadow,” togetheer with two other of- Iii coming down to Secretary Willia~z. fice copies of thee warrant, were seve- Peters’s time, in 1762, we find certifi- rahlyunsigned by time governor. cates delivered that wau’x’ants had issum- Mr. Smith was examined as a wit- ed, ‘when none mad, non’ can be f’ounnd; ness, and proved ti)at it was the uniform and rio money was paid. Yet we find. practice of succeechhiug deputy survey- surveys made on tlnese, whuichr were le- ~s to execute warrants directed to tieeir galized Inc Mi’. Secretary Tilgimnran’s predecessors, ‘without a new direction time,by warrants of acceptance. Theese for theat purpose, and such surveys lead entries our thee wan’rant books, where thee been inrvariahly received in the Survey- warrants did not formally issue, ime 1762 ~ office; but having made and 1763, have been likened to applica- the survey, Mr. Smitir declined sittineg tions, to whicin they hear no correct u-c- as a judge in thee cause, semblance, Cer’tificates were printed After time testimony was closed, Teatem’ for time pins-pose of being sent into the — j. interrupted thee defenmdant’s counsel, countn-y, upon which tire surveys were wino were openineg tieeir defence. He made; and it i’athem’ appears to imave sand. Judge Smith’s testinmonmy lead fully been a plan adopted by the secretary, obvsatccl ono dnfflcuity whielr preseneted (heowever in’reg-nnlas’ly and impropem’hy, itself respectinmg thee stnrvey; but ire certannhy not inuprovideintip, in tIne teche- theougint it impossible to support thee nical sense of tine word,) for thee ac- survey, unless the original warrant hat~ cornm~detionof the people who were ‘wiling to settle in a remote and mourn- cepted; and produ~ecla certificate front 1784;. tsinous couunns’y, anal probably could not Sainacl UocJmr-un, Smnrveyor-Generah, that sWord to pay down c’veun the price of a no sunchi original warrant, nor any traces warra~t.—Aied wheatever cornpiexmoa thereof, could be fommned in his office; a might be given to a sinugie case comiueg second- cen’tifmcate from Francis ~ohnssum, before a court nfjustice, rvitinout a view Receiver.Gennerai, that seo money ap- of the extent of a particrulan’ practice; peared in his office, to irave been paid, theist comheiexiour would be changed by thereon; aned a third certificate from proof of sunchu frequececy sue the neode, as David Kennedy, secretary of the Land- evidently to sinew it to heave beeue inten- Office, tieat thee nc’iginal warrant timen tional, and the deliberate act of the pro. remained in mis offuce. prietary’s own agent. And it is finn-timer It likewise appeared, by the testi- presumed, that thee special iumstructinns mony of Mm-. Jurstice Smith, that dur- givese tn) time deputy suurveyors, at a sub- iemg the period inc which Willianr ?ettrs sequeset period, not to snake any sur- acted irs secretary of tire Land-Office, veys, but upon om-ders from the Sum’vey- some comphamnets existed, as to issuing or-General, for thee future, hooked beck warrasets, where tiecy heed not beene paid to this irregular practice, auedimpiiedly for’, but that all these irregulam-ities tccre recogmeized it. So, wIth respect towar- cnlreul, whose ~‘annesTilglurmzan canene into rants which, issued in very great nutni- that office. hers,’ without money paid; the senne By the court. Let the warrant and mode of reasoning ‘would apply. Time survey be received in eviclenece. Their. practice was too conemone. The mis- operation will be hedged of ak’tcrsyards. cieief of declaring sucir warrauets void, It wilL be remembered, that the r*ar- would be extensive; nor would it be for i-antee mao riot comet-eyed his s’gint to tine benefit of tire commonweahthe, that auey otirer pereoum; and thee warr’aurt has theey should be declared void. issued fn’oner thee. office improvidè- But it is our duty to exhibit ever’y Thee neshlue of thee case goes-, to bearing ofeverycase; to give tine pu-ac- other points, Scot applicable here. tice of thee counetn-y as it rvas or is. The Aguslie, in thee lessee of ,~‘ehnNiche- legislature and the courts alone can ea- Ian, and otines’s, v, William and ,5A’~hM tablisin systems. Jiolliday, .Thurntirugdon, May, 1802, be- In the lessee of Bernard .Doughertv v. fore tine same judges. MSS, Repom’ta, ~ohn Piper, Bedford, November, 1801, on an ejeetnneumt for 200 acres of land in before Teate: and Sm/tim,justice!, (MSS. Fran,&towns townmsleip. Reports,) wimich was ane ejecument for Thue plaintiff claimed under a. 108 acres, and 152 perches, in calera/rue warrant to Edward .l’lIcIuolae’, for 150 townsleip. acres, including his ineprovement, TI-me plaintifF claimed under a shiglet about asic mile nerd a lealf from tire improvememet of some adjacent land, forks of Franhcstown branch of ~nmniate, made b~~ammnesWells, whmo sold- to Ed- in Cuuerber-land counety, dated 6th of ward Logu-toru, onr the l6thr of January, September, 1762, on which~.7, 10, s. 1765. Logston coumveyed to .Dougluem’ty, was paid into tire office of tlee Receiv- one the 26th of’ tine same month. ee’.GcneraL aurd a survey thereon, of He offered ‘rim evidence a copy of an 199 acres, mind 17 perches, made 25th original wa~raietire Imis owne nanne, dat- of May, 1765, by Samuel Fiuelay, wino etl 17th of’ Apn’il, 1766, for 250 acn’es, acted uneder Richard Tea, ti-me surveyor inmciuching his impn’oveement, which lee of tine distn’ict. puu’chmased of’ Edwnm’d Logston, wleo Tire defendants set mnp a defence en- purchased of James Wells, lying on a tier tire copy of an application entered brancim of Jurniata, called Pipen’s run, inc tire Land-Office, in mrarrauut book, T, known by the name oftime Flag.bunttom, on tire 3d of Marcie, 1763, in tine name about 14 miles from JJec!for-d. Interest of ~/aflmesZtaldanue, for 300 acres, on to commeunce from 1st ci M.erchu, 1762, the south side oftlee mrniddle fork of time ore tinna warrant was endorsed a direc- Pt’aumkstown branch, ismehuding a dry tion, umeder the signatiure of Joinnr Luk- draft above time Inihl, rvhmeir closes en ens, timen> Surveyou’.Geseeraj, to Rklnard aued stops tine passage one that side of Tea, dquty snm’veyor, to execunte the time cn’eek, ire Cwunhes-land corunty; also warrant; also, jun the hand rvrtineg of our a like application, entered on the tine said ]?ichar-d Tea, “Executed, No- same day, inc the name of Timothy vember lithe, 1766, 203 1-4 as. record- )h1’Kinlev, fan’ 300 acres, (described as cii by .2?. Tea.” above,) about a mile an-md an half above Thee piaiuetiff likewise ofrbs’ed tine tine draft. nln’annglnt of survey madeby time said Tea, Two wan-rants appeared to have is- one tine Iltln of November, 1766, cone- stied on tire samne 3d of March, 1763, tninuneg 293 1.4, acres. to Haldane and M’Kinley, describineg To time reading of tleese papers to thee lannds as in thneir respective appiica-u~ tire Jup’y, defenedant’s coencU cx- the tiont-. They were both directed tue 156

1784. Thomas Szniilz, with thee following imr~ a feeMe prop to thee inofficial snmrVe3Ss he! dorsemcots, signed by yohnu .Lukens, Tea, copies of tire apphicatioues are L._~ surrept’itiornsl,v thrust into tire Survey- surveyor-General. tc j~es supposed the lanud for’ wbich this warn-ant was or-General’s office, as of July, 1794. granted, interferes withe pm’ior’ warrants By tinc court, The papers oWon-ed, ~xecute this warrant one lands left oUt conre befoe-e the court in a,very ques- by prior warrants, armd make return nme~ tionable guise, anmd wear a suspicious to my office.” app~-ar-ance But let them be read, as Copies of surveys made by Riclsard was done last circuit court, at Bedford, Tea, inn pursuance of these warrants, one in Doug/merry’s lessee, v. Piper, in a case time 18th of ~Viay,1765, were offered reseneeblimug’ time present. We will judge to be rend in evidence, the one for of them’ legal opeu-at’mon; and facts -w’nl~ Ii’~lda,uocontaining 301. acres, the otluer arise on them, of wleich-m the jury axe for .M”Eiiuh~y, containing 237 acres, thee coqstitnstk,neal judges. wheich appeared to be returuned into thee It appeared in the eoutse of time triai, Surveyor.General’S office, one the se- that Ha/dane and M~Kinuleyhad in Junme, venth of Mar’ch, 1767. 1764, conveyed their respective - war- These applications, warrants and rants to ~‘oluuLittle, and Richard Tea, surveys, were opposed as evidenmce, by in consideratirnnm of ~‘. 5, and ~lnat the the p1~ntiff’scouncil. As grouneds of defendant, William Hohliday, one thee objection, they sire-wed a certificate 25th of April, 1774, had entered into from tine Surveyor-General, that tlmere an agreement for 500 acres, part there- wen’e neo warrants inn his office to Hal- of, at 20 -s. per acm-c. dane and .bf’Kin/ey, but that certified After the cause had been frnbly argu- copies of the applicac’ions wan-c filed ed, tlee court charge/I tire jury, theist it timerein, as of tire date of l4tlr of JuLy, was obvious the application for a war- 1-794. Another certificate from time Re- rant in 1763, befQre the system of Ia- ceiver-General, thmat no money appeared catioins was adopted, did not annthoti-se to heave been paid ‘no his office, either a snmrvey. Neither could a wan-rant di- on the application of Hulda,se or M’Ki~s- r-ected to Mr. Smith, justify a survey icy. Also two surveys by T1nou~tas and r~turnby Tea, unless by tire au’ $rnith, made or thee 2d of December, theor’mty of tire former. Thee act was 1774, tine one for Haitians, containing’ inofFnciah. It is true thee late pm’uprieca— 243 acres, and the other for M’Xinley, ries might blued themselves by warrants containing 202 3.4 acres, issued- ‘cmi a new mode; but~th’csde- Threy contended that an application parture from the usinal forms of the for a warrant was no authon’ity to sur- Land-Office, must be simewne to heave vey lands in 1763. The papen’s produc- been inierntioreal by strong mined cogent ed were mere copies from the warrant proof; otlererwise tine traumsaction wc~u1d book, and it is well knowur, diet tire give just cause of suspicinas of unfair ‘inmtrodtnction of locatioums, or ntpplica- practice; andit is cheam’, thntit ti-me pro tiosms as grounds of survey, did not ob- pm-ietary officer’s cornhd not, hi’ sucin isn~ tain rentil August; 1766, in thee proprie- usual procedure, divest or affcct time tan’y Land-Oftice. (This is a mistake intec’esr of gm-ani~eCsclaimirmgimnder pr-/or of a year, as applications origiumated on rights, wimo mad paid their’ monrey in cone- ~he east side of Susqueimanna, in 1765.) fidenmce of such contract, The warrants miust have issued fraud- It maybe remarked, on tire above case, ulently, qr improvidenetly, No war-rants that it was not the usnmal practice to ever issnned without money being pre. ti’ansmit thee warrants, alticouglr sealed 4oushy paid, or withiorrt reciting a con- and signed,into thee Surve s’or.Germarai.’s ~idwat’non, as services per~mrrned, &c. office, mnnetil the money was paid; aI— But grantum~gt~these war’rants a de- timougle tleey have been both signed and gree of validity to wleieln tbn~yare meet sealedbefore the money was paid; and juethied, wiment authnon’ity had Richard even tins was contrary to usual practice Tea, to execute them? lie could not to annex tire seal before time nnoseey lc’galhy act rvitlmout a clepnmtation. Bint paid Bitt although the warrant fnr these theey were specially directed to Tluoenas reasons, was not filed in the Surveyor- Smith, and ho is ~nterdieted expressly General’s oflice,yet it is evident Ice ausesrt— fnom .smrrveyineg ancy hands which might ed to its going oust, by isis special three- enterfen-e with pm’ior wan-rants, wiuich times lupon it, and two of the nieree offi- he certaenly -wouiul not heave clone, if ire cers of time Land-Office must have been lmnmd known tire tm-ne st-ate of the facts. fully aware of the facts, It is moreover Time very ~xecution of time warrants by snot wuivereally true, tlmrrt unpaid warracits .l’h(r. ,5’~nith, was an abandoimment were neon depnsited in the Surveynr.Gene-~ of the former surveys, supposed to ral~soffice The instances to the cç,ntrary heave bserr made by Tea, They were are ertumerous. - ~mqtwarramets of re-survey. To aff’ord ~t has been aireatly stated, that th~rb 157

mire a great number of warrants of accep. timereon, containing 258 acres atnd 132 1784. tanmce, which recite “—TVbereas, by our percices, on time 31st of October, 1771, connent and direction, a survey wee ruunde, and leis father’s tviih, - &c.” But timereare no entries to estabiush The defendant claimed tunder a war- the fact of conseunt. ho thee lessee of rant to his father, ~‘a?msenGalbraitls, for .u?enja~nuin Elliott, v. ~7acobBo,uneet, Bed- 150 acres, adjoimeing mis dwelling’ plan- ford, November, 1801, before Yeates, J. tation, dated l5the of Aprih, 1763; a MSS. Reports. The defendant produced survey theereon of 222 acres and 127 a warrant of acceptance, dated 26th of perches, on thee 2d of June, 1763; a pa- May, 1763, issued in favour of George temct dated 12th November, 1763, and Croghan; reciting, tlrat by oem’ co,ntcnt and leice fathuer’s will. direction, there was sucveycd inc 1755, by On a caveat filed by ~aruuenGaibreatim- ~obiu 4r-mnetrong, D S. a tract of land, against thee acceptance of Wood’s sur- &c. and requiring the Simrveyor.Geseeral vey, tine board of property, one a hear- to accept time survey, and return it into ing, one time 29th of May, 1775, reject- thesecretary’s office. Timeaurvey offered en ed part of time original stun-vey, tire same evidence was dated in 1755, withe the sig_ being said not to leave been returned, eeatmmre of ~obn 4~nnstrong, D. S. but with- and made without warrant, inc leaving no out specifyineg any autimority under winch improvement tintreon. it was made, and was received inc evidence Thee plaintiff offered William Lyon as after :opposition, beimeg called for in tire a witness to pm’ove thee geucen-al umsage of ~varrant of acceptauece. - time Land-Office, mined of the deputy.sur- The judge, in his chmarge, told the jury, veyos’s in ticat district, in early times, that for any ticineg timat appeared, this sue muahcing surveys without neat-n-ante-, survey was an inofficial act, made witheout agreeably to inrstructioues received fn’om aicthmority. The recital of it in the war- thee secretary of time Land.Office, our m-ant of acceptance, as made by thee con- per icuiccired acies, being paid to such Sent and directiosc of time propc’nenam’ies, deputies, besides tire sttrveying fees. cannot legitismiate it, as against the piain~ 1’ieat smmt’veys tines made head unnifoi’mly dff, and those claiming murder him. Time been sanctioned by time commissioners recital is evidence agasnst time hate proprie. of property; and that many tithes to Va- tac-ies aimd tleoee clain-niumg nuder them by ~teabieestates depended one surveys of subsequent conveyances, but not against tlmis natrsn-e, subsequent was-;-aurts ieam’— those holding under aim earlier right. meg usually been takeue out by thee de- This case will be again cited for other puty-surveyors, to whom thee memoncey lead purpnses. been paid. But altinoughi, generally, a sirvey would ‘flee defeur/laurt’s coninsel objected riot be cosesid~redlegal without aiuthority, - thereto, and insisted tinat snch rnsage yet a particular cinetom to make surveys could not witir propriety, be received ire without warrant, upon paynnemet of mo- evideurce. Sunveys made rviticout the prey to the deputy-surveyors, has been es- proper aced usmnal. authorities, were met-c - tabhmslred by solemn decision, A single private acts, and could ~onmtbnno right case wihh elucidate thee whole law upon wiratever. Thee defendant claims un- tlmis point. der a patent near 35 yeas’s old. Ticis Lessee of George Woods, v. ~ohrs Gal. very poinet was detcs’nrnineed be’tweene bnecutb, Cumberlanmd, May, 1798, before time san-me pam-ties on a formee- tc-ial in Shippen and 2’eatcs, ,jusdces, MSS.Reports. this count ten thee 1st of June, 1781, Ejeetment for 70 acres ot’ lamed, in and M’Kesnn, C. J. tireut Iceld,tleat asur- West Pennsborough towmeslmip. vey under steele circunerstaneces gave no The plainct’nff claimed time lands under an early settlement made on thcnr in title, anti was ~vheeiiyinvalid: mined tine 1744, by iris fatices, games Woods. Two plaintiff thenetnpon suffered a Onensuit. surveys made by Geerge Smith, a deputy Tire plaintifi’s counsel answered, tinat emphoyect by Thomas C’ookson, deputy. tinme it was, such was time enent of tire fornemer cause, aced snech were time senti- surveyor of the distn’ict, in 1745, said ments of time court sinurthy after time Re— to contamn 235 3-4 acm-cs, and allow. voltition, aned in 1781. But a more mi- aerce, without warrant. A receipt of Lyrs. nute consideration of thee settlememet of fordLardruen-, Receiver.Genen’eml, for ~.17 18e. on accounrt oflands in Pennesborougie tine coummtn’y, and of the c-imctumstances tnwuesimip, by time hands of Thomas Cook-’ attemmding it, iced since produced a dif. non,dated ‘24thr of May, 1746, A sccnimtl fereumt doe-tm-me. So, of imerproveenents, c-ecn’ipt of Eulnunusd Physic, Receiver- against wleieie thee courts at first much inclined, but on beisig afterwards much Genierai, for ~‘. 30, one account of beis eumcornc-etged by time pcnhicy of ti-me legis- land nrc thee said townsimip; a wars-cent to lattn’o, it became thnein- dut~’,mined it was icimseif fun’ 235 Sen-es, isecluding mis inn- ps’ovement, anti a survey made by Tho. i-mow ticeir practice to protect theem. mae Cookson’s deputy in 1745, for bmis But them-c ~vaslittle occasion to go into lunther, aned a re-survey by TV/I/luau Lnszu, mm system of reasoning emponn tine subj~ct. In tire case of tire lessee of Samuel 15.

~1784. 2~urbett,v, W7iiasn Nicholle-, and IQiza- as in the ease of administrators selling bet/n Vance, at ,bTiei Price itt Chambers- in early times, impe’oved aced even war- ~J burg, our the 27th of May, 1789, thee for- ranted and surveyed lands, as mere mer question was again revnved, on the chattels, ‘withoert any order of Orphan’s deposition of general yohn Armstrong, Coin-c. So, of the practice of thee Laced- being offer’ed in evidence by the defend- Office, under which a ge-eat part of time ants to‘prove the custom now contend- country Inns been settled, theough not ed for. TIre adverse counsel reined on strictly e’egular in itself, Smnrveys under the authority of time court’s decision be- time usage, if established, cannot be con- tween tlcese parties in 1781, as conclu- sidered as private acts. Tleey are time sive. But after full argument the depu’oceedings of known proprietary offi- position was ordered to be read in evi- ccc’s, duly autleorized by their prince-i- dence. The ehiefjustice then express. pals, to receive money for threm as tineis, ed himself thus ;—“ Cases in England agents, and to make apprtnpriations of are not strictly applicable to tire modes isund by surveys. The practice tended of giminting lands by thee hate proprieta- to us-mite the proprietary and individual x-ies. Such tithes are founded-on usage; interests, aurd contributed greatly to tire mind usages, if reasonable used beneficial ease of thee people. ‘lime cluae’acteristics to thee people, form cm law, The law of a good usage, are, thrat it be gene- has g;’eat regard to the practice aned rally used and approved; mined accord- usage of time people, thee law itself being to the case cited by tire chief jus- ing ncothriiug else but common usage, 2 tice, in 2 Mod. 238, time law is but com- Mod 230. So, of tire censtom of a pa- mon usage, ‘with ‘wine-hr it complies, rishn, that tenant for’ years to n-cap mind alters wiein the exigency of affairs. amid carry away his way going crop, af- Tire witness was accordingly received, ter time ileterocinatiour of his 1ease~ and tine nmsage fully proved by miner, flougl. 101 Verdict for- plaintiff. Ey time Court. The evidence appears On motion foe- a new trial, in bank, it to cia to i.e adeemissible, The ease of ‘was refused; and this opinion was neoje Turbeet’s lessee ~‘. Vanuce, mr 1789, is ex— qtnestionred. pre~~lyinc poimet. Couer-ts of justice are Note. Tire Land.Office opened for t1c~ frequnenmtiy govenneci in timeir cietcmmi- poe-cl-muse of 17~4,one tire 1st. of Feb’y, ~ations by thee customs of the country; 1755.

PART III, ‘Qf the practice and cuntoinn of tine Land- tnurns with avidity to his owo Irnuse, mind Office, from t/me year 1765, until tine tohis own field, tieere to pass his time in ,Re’eolution. ease and plenty. If he happen to be dis- possessed In his absence, the injustice is The peace of 1762, bromnght a consi- perceived and acknow1edged,~~ ~~rabie degree of repose to the berg ha- The Correctness of these sentiments of rassed British colanie~.InOctober, 1764, lord X’ainnen, coimid not be more snniking- the tuebulentand, restless Xayaebuta buried hy exemplified, than in the case of Elliott’: the hatchet arm the plains of Muekingucu-s; lessee, v. Jionnet, before cited. mind thefinal humiliation of the Delaware: Thounas Croyle had an ancient settlement and Shawonenc enabled the htmsbandne-mauc to and improvement, urmade near the head of *assunnre hi~laborers, aced to extend icis time Snake Speing, icegun in 1754, and cultivation and mmpnovements. Thee pros- continued by him, and theo.se wleo held un- perky of Peecersylvania ‘increased rapidly. der hrisel, whenever thee state of tine conune- Those who were compelled, by Indian try would admit of it, until December, -warfare, to abandon their nmettheueeenets, I7~8.Valnuable improvenicents were made ecmgeriyreturned tothem. There exists in on the hand,as well by buildings, as otimer- rican, sayslord Eiiieuses, a remarkablepro- wise- pensity for appropriation; “A maui who Inc Juice, 1762, ice sent mis son with inas bestowed labour in preparing a field money to tire secretary of line Land-Of- for the plough, and who has improved fice, ‘with ciirecnions to vrocnurc a warrant that field by artful culture, foruies in his for 300 acres of land, incltnding his im- mind an intimate Connection with it. He provements. He made three apphicatio.ns contracts by degrees a singular affection to thue oflice for tiuatpmmrpose, but met with for a spot, ‘which in a inanxuer is the refusals, and was permited to take omnt a workmanship of his own ieands, He is warrant for 100 acres onuly, dited iOnic of fond to lnve there, and there to deposit his June, 1762; adjoining hands sunveyed to bones. It is an object that fills his mind George C’roghan, aced including Iris im- and never out of thought at home or provemnent at ti-me succumb of Snake Spring. abroad. After a sumuecer’s expedition, On thins warrant, a survey of 123 acres, or perhaps yea~sof a foreign vein, he cc- and 123 perches, was made solate as 4th of March, I’S, by Ccorge Wnods, for at the iicorctil ‘o~Snake SprThg. He Richard Tea, deputy-surveyor of the this- could do ceo more; and it would seem, tr’uct tlnat the patent, unless there lras been an The survey for C’rog,~an,in 1755, amid abandonment of the improvement right, the nv-arrant of acceptance one the 26tie of must give way to it. - May, 1763, and the patent on the 30th of The abandonment must be judged of May, 1763, under which tire defendant by the jury, as a matter of fact, tmueder alt claimed, have been already ineuntioned. time circtnmstaruces. ~VIeeneC~’oyleapplied This survey called for ‘tbou;sas C’royle on for his wae’rant for 300 acres by his son, one of tire lisres, by which the previotns he did clot meaer to abandon, bee was dis- settlement of Groylo was clearly recogniz. saqafied With what hmi~son lead done, and ed by ~ohn Armstrong, the deputy. said he would apply to Mr. Penn for JUS~ Onr the 3d of August, 1767, Thomas tice. Zc6~clingS to bin improvenccnstn,~andvvilt Crayle obtained an application for 200 not snmrrender thepacec-scion of thenr .- mind acres, adjoining his rn-as-ranted land Inc when he sells to Elliott, he pledges him— Q-oyle’s valley, arm the east side of thee self to prove his prior rigbrt. If the pre.. Ray’s town braeecb of ,~~uniata,on rvhuch sent defendant or nny persons under whom there was surveyed 158 acres, by George he claims, lead made valuable improve. TVoode, on l2tlr of Marcie, 1768. urrents sine-C tire former recovery bydefault, On the 14th of April, 1774, cro~’le,cx. aced before the present ejectment nv-arc ecutecl a deed to Robert Elliott, in consI- commenced, it would availhim much, as ~eratiorc of £. 330, for three tracts- of proof ofan abandonment, but no such evi- laced; the first including thee ~nout5 of dence lines been given. Smeake Spring, in piursua.nce of Iris nvae- The jury gave a verdict for the phainti~’ s-ann for 100 acres; the second adjoining for 176 acres and 37 pete-ices, finding thhereto, in pursuance of his application; wleere thee same sb-mould be surveyed; aced the third, held by inupro’oement, inn— ‘ivlcichi, witle the survey of 123 acres, and eluding the fountain of Snake Spring; 123 perches, already surveyed on leiswar— witin a covenant therein, that he woiclcl caret, made up thee exact quantity of 300 prove hi~rig~Jtof improvenwnt to be ante- acres, witimotne any surplus, impose an es— cedent to the right or claim of any other t’abhisleed principle, while-ic will hereafter person. On the 30th of Macdc, 1780, be considered. Robert .Eltiot conveyed the sasrue hands This view of the doctrine of improve- to the lessor of the in1aintni~ with cove- imeenets is Irere given, for time purpose of scant of general warranty as to ti-me im.. isetroducing the application system of thee provernent riglet. Inc December 1788, year 1765. Whether improvements were tIme tenant of thee lessor of the plaintiff at first only connived at; or whether ~‘easdispossessed of thehandsclaimed by they were expe-esahyencouraged, as seemS improvennenet, under a judgment, -with- to be the prevailing idea, (notwitlrstand’. out a hearingof the merits. iceg some public acts and proclamations, After the case head been fully argued, and thee act of assembly3 2~ of February 14th, Teates,J. told tIre jury, that the case resolv- 1729-30, (chap. l ) nvlrich declared, ed itself into two questions, 1st, whetleer “That all and every person or personea,, the settlement title being the earliest, was entering into, and taking poscession of icotpreferable to the patentI 2d, Whetleer any laueds whthmn timeprovince of Penasyl- theimprovement right hadbeenmibanedon- vaoia, eeot located or surveyed by some cdi warrant or order fronre the propnietae-y or If the witnesses were believed, they propm-ietaries, his or tieeir agenets or corn— shewedan actual per~oncelresident settle- missionens, to the person or persons pos. ment by Croyle, at thee head of the Spring, sessing the said lands, or to some person though lee had a shed, and some cleared or persons tsnder whom they claim, mmmcd lamed at thee ,nouth, He mad clearedseveral upon reasonable notice and reqinean, refus- acres towards thee mountain, acid down- ing to renrove, deliver up tire possession, ‘wards towan-ds nice ~souiata, and neuse, in or to make satisfaction Los’ such lands, the nattci-e of things have intended to in- sirail and may be proceeded against, in clude thee nvheobe i.n ida setciemeurt rigirt. such neanneçr as is prescrebed by the se- His continuance on the land when there veral statutes cL that pare of Great Bra- was not impendisg danger, his earhy re- tabs, called Jing/and~made ngainrst fore-n. turns after the dangers hadceased, evinces ble entries aerd detainiers; and that no his unequivocalintentions. Thee surveyof lenigth of poseessione shah be a plea against 1755, calls for his lanids as a boundary, such prosecution ;“ yet) they had acquired amid corroborates the testimony of tine at this periods atm esrabhishmeuie not to be witnesses. He applied in 1762, with hi~ sheaken; antI had cocetrubuted, very great. money tar a warrant for 300 acres, to in. hy, to the prosperity of Vennsylvania. elude his ioeprovemcnt, accardinig to time Time n-mild haws of our country, the benme— uniform usage of theofflee, but was re- v,Ae~etsysterue of the venerable Penn; the - fused, and could only obtain a wccnzant forbearing spirit which cleerished and pro- ~or 100 acres, to include irit iniprovenenent tected tite rights of consciCnce, wInch 100 were trampled on, and almost extingimish- thee latter fi-om February, 1736,) until a ed, in the c-nations of Europe cahhnmcg them- stop was put to issmnileg wan-rants on time selves enlightereed ; and, with these, a 17th of June, 1765, ‘wieenr the Land-Of- land great in extent, happy in its chnmmite, fice continued sbiut for one yean’, our amid exuberant in its soii invnted and Co. tics west side, excepting Ow improved. coisraged emigration from every corner of lands. On the 5th of’ August, 1765, the the old world. Wealticflowed in upon us; office opened on thee reew plan, for the ‘but poverty also found itsasylum. It was east side generally; and on thee west induigemice to the isnduscrious poor that nn- side for settled laceds omehy. Thee plan vigorated the cousct~y, arud chaurged an was madeknowie to thee people by the uucultmvated desart intofrncntful fields; sued following official advertisennent. the inhabitants were enabledto draw frosre the soil itself the means of acquiring the Land-Office, 17th of ~unzc,1765. legal title to it, and. laying thee fonundation of future independency. This easy mode The honourable thee propnietaries ima~r- of acquiring an exclusive property in land ing been apprized, that many per-sons was a principal sour-ce of attachment to have been, and still continice in time she conmntry. “A ~raon, says uhe hate practice of taking up large quantities of Judge Wilson, beconees very unwilling to lcmnd, w’mthmin tids province, only with a ,-ehinqnnish those nveii known fields of imis desigue to retail tbcem out at advanced own wIde-it it bias been the great object of prices, by whcicle means, pee-sons really his indunatry, and, perhaps, of his pride, in want of lands, and willing to make to cultivate and adorni. This attachment immediate settlement, are often pre- to private handed pr .perty has, inc some vented from obtaining tlnem our thnse parts of the globe, covered basren beatles, mad~s-aleaced easy origincal terms, pn’o. arid inhospitable ncouncainis, with fair ci- posed by tire proprietac-ies for the en- ties and populous villages; while, in other coursgenrenrt of tine inhabitants aced parts, thee most nnv’nt’srng climates aced soils thee propnietaries, being desirous to put remain destitute of inhabitantS, bee-acres a stop to a practice so repugnant to tire tine rights of private property in hated are genres-mi good, and, as far an, in timeir icon established orregarded.” power, prevent thee troublesome anti Thiø state of tieiirgs withc respect to expensive contentions cited attendance-es settlements, unquestionably was once of in the Land-Office, aced other proprie~ time causes wleicle gave rise to the ap- tary offices, (owing to the honmg delay plication system; aced we may trace tire of the people inn applying for a corn- source in every public act and pn-oceed. firneation of tlreir titles, which neces- meg. Warramets, ore whiclc money head sarily creates intn’icacies in their claims, been usually paid, gave place to appli- fs-equesmt impositions on tIme riffle-es, and cations, oct ‘which ceo neocney was paid. applications for lands either granted be- Tire reason was, that whilst the propt-i- Owe, or to ‘which retherpem-sones have cranes now professed to give a prefer. prior chairns, with many othner inconeve’ ence to settlements and isenprovements, niences difficult to be avoided on time grey ,were justly attentive to their own present nnode of graucting lntneds.) It is interest, aned required proof of tine dates tbeerefore proposed to make some alter- ofsettiemenets, chimer in the application ations in that mode, and that, for the itself, or on thee return of the sun’vey, future, the following method alcabi be theat they might kneow how to charge observed for granting lands withein this thee interest itt arreac- befbre they wene pc’ovince, dC. ‘willing to confirm a title by warrant; First, That every person desirous to and the accustomed ware-ant from settle any vacant iand purchased of the henceforth, was called a warrant of ac- medians, and not appropriated to time ceptance. The accommodation of, thee prop~ietanies~use, shmahl apply to the se- poorer class of people, may have been cretary of tire Lamed-Office, wino, in a arcother ineducement to this system. book to be opened for that peer-pose, The land on tIre west side of Susqmsc- shah inatened of grareting a warraner itmmertn~to thee blue snatnrntain, or Kitter- regularly enter such jee’son’s ueameme,5 teatiy bill, was pure-leased in 1736, and with the date ofhis application, sued the Irons thence, by the pure-lease of 1754, description, or location of the lamed. Inmeted by time senrrender and coumfinma- Pro~k1ednevertheless, that no sue-in nip- tron of 1758, to the west line In-nm Buf. phicatione sleahl bus received by tIme secre- falos creek, including- a ven’y great pane tary, for more tlcan 300 acres to anry ones of thee Juniata iettncls, ineid intersecting person, witinoint the special on-tier of thee Alieghany mountaime as its ecitrecree the propnietar~s,or their commission- boundary, as has been already shewn. ess of property; and that every even- Warrants isateed uninten’ruptedLy for ing, the secretary shall cause a tnue ~1~tql~ndain bath these purcba~es,(in copy øf all tine applications of that day, 161 t’egtthei~tynumbered in the on-del’ as np. ‘per acre. And on produclueg to‘the Se- 1 7~4. plied for, to be sent to the Surveyor- cretàry of thee Land-Office, thcç Receiv- General’s office. er-General’s receipt in full fbi- thee’ laced, Second, That on receipt of the co- a ware-ant shall issue to time Surveyor- pies ofsue-hi applications, the Surveyor- General to accept ‘ and make returue of Genreral sir-all, ‘with, all possible des. tire survey into the secs-etniry’s office, pate-in, tracrsmit tn-anscn-ip~sof them to who shall, oh 1-eceipt theereof, neake mis deputy inn each county, in wleose re- out tire patent with all reasonable expe. - spective districts tlcey fni1l~ with their ditione, unless the comneissiorcem’s of dates of enetryrespectively, nerd an or- property, Our aecounet of some oUcer per- der for surveying the hands agreeably son leaviurg a pr-her claim, or other just- tlnen’eto. reason, siealh, for preventing’ aury of the T/nird, That the deputy surveyor inischiefs before ‘specified, see good shed!, witlnine six months after the date cause to refuse Sue-hi applier a patesmt. - ofthe entry of cache application. mispe~- And- evem-y,-.ipphiev for lamed is to take no- lively in time Secretary’s office, flnisle, tice, that if he shall. neglect to sl~ew arid make rettmrn into the Surveyor-Ge- thee deputy-surveyor thee hand at the tter-nil’s office, of time senr-vey of tice land, time appoinmted, on- shall mint pay to thee specified i~each application mined order Receivee-- General, tine full, pture-imase ef survey, provided thee copies of sue-he ‘money withcinr tire said six months next applications be delivered to him in a after the retrni-n of the survey as afore- reasonable time, and tire persons for said, ticat ‘then, ire sucle, or either of whom thee surveys are to be made, or these cases, thee propnietanie~,or theeir some other one their beiralf, sleall duly commissioners of’ prohiertyc- sleahh be at attend. tIre deputy’ . surveyOr, to sleuw full liberty to grant the lanrcl to any - him-the land at tine time, he shall ap- otleer personr or persons. point wieereof tire deputy sheall give P~flhz, I’hat all persons possessing ou~ due 5aced timely notice ‘to the, applies’s. clairnthg lands, our account of any set- - And for tire more regnele~rmntmgement tlenresets or’ improvements, ae-e required. of this, thee Surveyor-General shall to entet tieeir applications, in time Lanrl~ fe-anne and send to his deputies, proper Office, wirether on tire eec-at or vuest side inestc-uctiouis, and by all means ise his of Stmsqueleaniuea, aced to brieeg with tleerm’l powee-, take care tb-mat they do tieein du- stutheurtic cem-tifie-ates from some neigh- ty. And If any deputy surveyor shall bOuring magiste-ate, of thee eiature of be guilty oI~neglect, or breach of duty tineir improvemenets, ac-nd time time cc-hen in thee pn-emises, ire, rupon complalurt, their settlements first began, aced in de~ aumd due proof; made to tine commis- fault or neglect of sue-ic applier so to do ‘sioneer~of property, or Surveyor-Gene- witiein six momnlma fn-oen the tin-me of’ c-al, shall be sinperseded fn-om Iris office. opemring the said office, ore the fifth of But if through any neglect ot sue-be ap- August next, thee application of any phiee- to attend the deputy stem-veyor, to other pee-son or person-ms will be receiv~ shrew thee land at the tic-its appointed, or ed for sue-in lnnd~. fom- aney other good cause, sine-h deputy Sixths, That as by the aliceost total shall scot leave it in his power to make stop put by tlee late Indiámr wars tu sue-s -thee1-eturne inc thee time limited, he sienit, veying one the west side of Susqueleanna, ‘befone ti-me expiration of that ismne, cer- a gm-eat many waru-anets on that side o~ tify such cause to the Sue-veyor-Gene- tire said river, yet remain unexecuted, inil. thee pc-opnietanies’ coenmissioner of pc-o~ F~mmo’thz,Tleat as all ‘possible care will perty rued agents, judge it necessary to thus be taken our thee partof the officers open the office first for time east side of to give despatcle~it is ekpectcd and re- that rives-, in order to give further time quimed, on the pam-t of the people, that ‘to thee deputies to exee-tite and- retnmrIi evemy apphiem- sienmil witicine six monetles thee foc-neer wal’raeets for land on time WeSt after thee date of tire return of the sur~ side. And thmerefinre notiCe ns herCby vey immto time Survey’or-Ge’nee-aI’s offlce~ given, that on the fiftie day of August “(w,ieicln day he sleall carefully minute onr erext, tIre Land-Office writ be opened. thiO’bae-it oh’ each returmr respectively,) for receiving apphicatiomrs for lands ott be obiige&to confee and pay icr finU for tire eastside of tire s-in-er Susqnebmanmetf thee land, to the Receiver-~enerab, on only, upon theplane and terms afor~saidi the new tee-ens of five pounds stee’irsg and will be opened aiso foe- receen’nnrg per hntenedred acres, or value theereof, in the like applications, for hand on the current money of Penn’nsyh-ania, at tire ~westside of Susquehanna, aS soon aS i-ate of exchnange between the citiCs of thc~said- business yet e-emaining to be Lo,sdon and P/miladelpluia, withe in’terest done there shall’ be completed, or Iii from six moerths after time date qf sue-In ante-h forwamdness as to c-tdm~t of it, application to ti-me time of payment, armd -wircreof due notice ~vilihe givorm- the quit-rent to be once psnny stenbimig ilzsdfurtlrtl’, ‘l’lrat ‘as a ooirnic1enabl~ VOL. IL 1~84. part of thee proprietaries pure-lease money eueter an upp’i’i~atione for tine aa3’ite~mt ~ remains unpard foe- many piantatioucs wuodiasnil, a, nw-ant and nc-uinc-proved, n,l-. while-h imave been settled a great nuneber thnougir Inc os-iginahhy cinnimed it, arid inn— of years, notwithstanrdineg time ownen’s temedett to con-er it, sued hold, it mind-en- 1mhz theereof have been frequently cc-died on, impe-on-ennenet right. So far as this rnrhii by public advertisements to pay for time applied- to sue-it ‘ad)nnininig quantity, as same; nih persons, therefore, iviro leave with tine settled la*’d made imp no more neot yet t,akee out their patents fur any than tine usual plantation quantity of such, lands, are requined, between this tieree hundred acres, ahlo~vadto imps-os-- and tine first day of Mare-he next, to come err, it was correct nerd proper. Beet if sued take out theirpatemrts for thee said old sock qinantity had been flOe-by applied for, surveyed lands, to pe’eveent that ti-ouble inurdec- thee improvement, amen intc-reqls and incconvenierce, both to themselves, cimarged ore the winnie from the date of c-~cdto tire office, rvlnicle must necessarily the settlement; it womnid leave been mine- enesnee from ticeir neglecting burger to just to inc-va extecedeti it to a distinct ~nth. coeenpletc their titles, William Peters, intiepcndeset appiicc-ntion for asrother va~ Secretary. cumnt, and. tnneimprovcd tract. Thursday, August 1st, 1765. Thee flint frauds inave been practised ocr time Lend-Office being to open fon’ thee Cast commonwealth to a ven-y gm-cc-nt extent, side oJ~Susquelcannia, one ti-me urew plc-tn, Old warm-ants leave been abc-med-breed, anr~ nnext Mont,Iay, it is resoli-ed, that the new wc-~rantsheave bc-c-ne taken out for sec1’et,-~’ygivewau’rants to such persons the same lands, atreduced pricca. Where as leave built on, sued resided one the land- sui’veys leave been made our uu’npncid war- tleey apply for, and ha’ve ajust claim to nc-mets, but thee surveys not i’eturmmtd, those as an jnuprovennent, bringing a certificate surveys leave been abandoned, and new from a neigiebouringmagistrate,or otbmer returns procnm-cd irecludimmg but part of satisfactory proof at’ t/me nature of time time lands; c-ned mien’ waer-ants taken for impn-ovememrt, anmd,firet settling thereof, time residue, at me-dine-cd prices. ‘flee corn- wizen the interest arid- quit rentis to com- moncwealth inc-s beese c-war-c of tins; amid mence. a limited act icc-ms been passed to enabh~ Improvements made before tine hand sine-he persons to purge the fraud, by pay. pure-leased of time Indians, not to be n-e- meg’ ump the difibrenuce; but tIne act icc-ms gai-dcd, umeless tire applier Icc-ri secretary not hail m’nuche effect; arid time people tine J?icluard Peters’t, pu-ac-ui-c-c of a -eal-n-ant, not seem to hO c-ivan-c h-mow mmmcm the ne- as in case of ti-me manor of ‘ji’fa,the, &c. glect of this provision for their benefr~ In minute boolt, 1, (east side) times-c is mnay, at some future day, afThe-t their ti- Lids entry’. ties. August 10th, 1765, agreed to, c-ned Ore thee 3d of October 1765, (uninirte urdereni by tle~ governor, respecting book 1. pa. 7,) the following additional warrants and apphicatiomes~ instnnmetions me this subject, even-c given Where a piece of laced applied for by U-me Surveyor.Uenreruil to iris deputies. joins a settled plantation, the secm-ctary “I c-nm ~earticulasiyoedercd by tine go- to granta warrant with interest c-mud quit vet-neal’, and pn-oprietae-y agents, to emnjoiun remit from time of settlemenet of time old you to bm s’cn’y canefinI inn every simn-vc-y plamniatism. yxmn nrc-eke, either inn applications fo~’hued. Whem-e no ccrtificatc of a justice pro- as unimproved, or one warrants for inn- duced- respectineg an ineproveseec-nt, amid provemenetssimuce time opeurinmg tine offierm warrauct applied for; the secretary to for- gn’antimig ic-intl our thee mean’ plan, tine grant it oa e-crtifncate or pm-oaf of otirer bIle of Augtnstlast, ticat where you funnel respectable person, especially wlcere at any impnovemenmt on tite ic-nd, yomn c-n-C agreat distance from a magisu-ate. fully to ineform yourself; c-med u-c-port to Where no sire-li proof made, theen se- tire office, with yocni n-eUei-um of time sur- cretary to enter it as nun application, timid vey, wlmesn sue-il sctthemennt, or inc-pc-ave. order survey to be nec-dc, and time deputy ment, nvas first began, and ivimere the to repont, aund then issue warrant (if’) up— ic-nd- less neo icnprovcuecncton it, but/sine pm-os-cd by tine governeor. some ot1me~ land of tine appliers, which ‘rice first item of tlsis minute of time bias been settled or improved, at- bess 10th. of’ August, pac--ticndur~y,and tine been granted- to mince by warrant, you ace Winole minute, gec-rec-’ahly, seennes to’ leave then to express in yourcls-auglet, or rettnn’ni bc-en designeedto detee-t timed prevent that of siu-vcy, timed, it joins swili uthur 1~nd, specues of/n-c-sad, wide-In bc-es since bc-one rio of tire apphicu-s.” successfully practised- one time cocnimoni. ‘l’here c-nrc ether two sets ref general in. wc-c-nltln. An improver, to avoid pc-myinmg stn-ncctioncs, to deputy surveyors, as fol- bac-k- rnrten-est as ernie-h as possible, would low— Ic-nine an application or wan-u-unit for hurt Thec-uas Fec-un anti Richard Penis, es- the actunal quantity covered by his build-- quires, true c-nm-md absolute propnietan’iec- mugs, and cleared- 1n9145, c-mud, would Linen arid g-nnr’ennun-s inn eiuief of thee province-c I

cef Peuenesvlyaieia c-rich caccnties of Neweas- won-ks anesnexed, inc boohca to be by you 1~’84. ~le, Kent c-nd Sussex, on Delaware, to kept lbi-thmatpue-pose, and ow- Surveyor- n_~~ A. B. send greeting. Whereas, &e-. our General slealh, fronn tinrne to time, leave Surveyor-General, with our alcprobc-tiome, free access to the sc-id- books of entri~5 bath by a commission beae-ing even date amid other papers relc-ntiueg to your office hem-c-with, deputed you tine sc-mid A. 13. to as deputy-e-urveyoe-, when Ice shrahb tininrk be sun’s-cyon’ of (naming’ tls~district and nccessau-y, c-nd tire sc-mid- book of entries, its bounds) and other papa-s c-elating to your said- Xow kisses, thec-et for your better gail. ‘blue-c shmall be by you (or theose iueto anece and dim-ectiose in thu exc-e-tztiaue of whose hands youm- paper-s may fall c-ftet’ the said e-omceeissiume, we leave tlnoucght fit your decease,) delis-en-ed, imp immto thee to enjoin thee following instreestions fun’ Irands of our Seum-veyor.Gemeerc-nl fur time your observation: time beimrg-, or sue-li other pet-sons as we 1. You small faitirfinily execute e’u-esy shall c-mppoinet, where you (or those into such nu’arrauet as simall be dh’ectenl to 70-ic, whose hnc-ercds youn’ pc-pen-s may fall,) shall to tire best of yoinr skill, knowledge and- be by us then-eunto required. emnderstxuenhing, according to time express 9. Out of all fees tinat you receive for words and on-Icr of srmele wc-n’rants, and surveyiuig-, or re-surveying of ic-reds or no otherwise, without special 1cc-es-c first lots dunring-the for-ceof your commnissio~, imad fm-nm ins lien your so duinmg. yomnshmahh pay umeto our Surveyor-General, 2. You shall mnot execute c-ny wae’m-ant tine full theird part tlrcreofi Por tiretrue impute any acne-s-eyed ic-reds, or mc-mnoe’s, or perfon-nec-mnrce of wieicle isestn-unctioues you c-epnted. mc-nror lamed,, or on tory otheer alec-il give boned to us with security ins laced appi-opn’ic-ntetl to oene- use, by any fun- thee sum of 7. acid sign a coumutes~- nier scnryev, icuehc-ss such lands be cx- part ofthese presents by indenture. pi’cssly erneurtioceed inn your warraert. To A, B deputysurveyor. 3. You abc-nIl lay out all Ic-eels as regu. In cosesequence of sundry letters Ye- lam- and- nearly cbnetigucoees’, c-s tire piece-es ~ejvcil fl-one ti-me homeourable time propric. wili beta’, admit on- allow of; unless di- tc-ce-ies, c-serb the new r-egmrlations in tb rected by your warrant to the cosetretry. Land-Office, you are to observe tire fob. 4, You sheath mc-ike returns of ever iowiemg rubes and- ordersin surveying of wad-rant into time Surveyor-General’s o - all lands in this province, as pant ofyour lice at PIniladelphiia, with a pm-otn’acted instrueth,ns, f~gnreof the land exactlyperfoe’mecl, and. 1st. You simall survey for time use of thee field woe-ks annexed, and that within the iconourueble time ps’oprietan-ies, in -e~ six neontiss after tIre receiptof sue-be war- gc~arfigures generally onre-tesethe of c-Il n-c-mets or artier nmf survey, btmt ifc-neytinineg laneds, or 500 acres out of cs-cry 5000 sleall icappenn tleat thee survey caceneotpos- acres that you simahi survey, aurd make sibly be pc-rformencd- within that time, you eeturur tlmereof for tlreir use on a warrant sieall transnecit c-err ne-count mr writing junta dc-ted- the iStle of October 1760. time Simrveyor-Genee’c-d’s office containring 2dly. By their directioer c-nd order, you the reasome of si-me-li delay. are not to survey One acey one Warn-ant, 5 You alec-il riot deliver uerto tiny per— more lamed than tern per cent, os-cr and- sore winatsoevem’, c-tuey draughts, plots or above ti-me qutnmmtity nicntiomned in sue-li field, won-ks of iris bc-ned- befonc yoew re- Wai’rc-mnt, withi time usual allowance of six tum-ne be nec-nut into the Surveyor-Genieral’s lien- cent. ninth tleis rule yo~au’e to observe office, and hut there c-blosved of. witlc e-espect to all past warrants, m-mot yet 6. You sin:mhl not make use of any executed, Os near as reasonably may be. chic-icee-ai-c--iers, but sure-lm as am-c of kne9wn Sdly. You are not to scrl’vey any oftime honesty, and- of good. repute amumigst pe’oprietc-nies vacaemt or unapprope’iatecl theie’ heig-heboucc’c, wbmicln dec-nm cc-rrbte-s lamed- uvleatever, sn any ticket or order c-nbc-UI take a solenmene attestation before fl-am anypersonbet the 8nc--veyon-.Ganeral, same magistrate, jnstly c-iced- exactly to nor uuiless you Icc-ye a Coi)y of a regunlar •-xacnete tleeir trust without favoun’, par- wars-mint, or applicc-mtion ncmmbered, amid tiality or 5-ftectioui, to you directed by the .Sun’v~yor-G’suer-al 7. You small trot eeeakc return of any izinuseif, or his order. simrveys bnet wieat, bcatim beeme actually 4tiely. You small lay out all lameds that made by you one time spot; aned you alec-nil acijoime rivers or ham-ge cm-eeks, c-nt least take care tlsat all orethinee-s tired- hocunds tbe’rec times the lenrgth from thee c-is-er or abeall be faim’iy send. visibly marked before creek, as they are hail out iti breadth you quit time field, oem the sc-id river or creek, so that each 8, You shall keep fair c-red m-eguiar en- pure-inc-sen may leave a propoc-tiomec-bie tries inc on-icr of time, of c-il surveys ninth front ore thee water, provided tire groneod. re-surveys by you made 6am time to will in cony wise adneit of it, aced to Ic-my time, ice pursuance-c of c-sey wareant or out null Ic-reds cometiguous, timed c-ma regular nun-dec of scnrvcy, wheich you shall receive, ins possible; and you c-re to give at least with a cln-ac-ugint or plot 11cc-real; ammO fithul tn-un dc-nys meotio~i~rea~mt9wnnslnip in your 164~

1784. district, by fixing imp advertisement, or s-es-ac’s icc-s-c certified, that inc nec-ny cc-ties ‘~J ofbee’wisc, inc otne or mote tel thee punbhrc tint’se excesses of quantity are to (ice c-id- places thmcti~cin,s~gntif\~ingat winc-it tume u’anrtage c-md iumterest of’ tire prneiwietors. i’oic will auemnd hum thunt tinwnmshcip to exe- as thee-v ic-re-linde bc-nil wimich by itself’ woculd cute time mec-w c-ipplie;utioncit foe- all launds probably nes-er be taken imp (‘corn its bc-c-. thereicm, reqnneseimug all persoums concern- reumness, Time goven’ncon- is pleased to or- ed to aLtered, and provide to heave thmesr der, that as to -c-v/nat is past~thee Sicrvcy- business e-onepletcd~ - or-Genies-at receivethee e-etun-nrc mf thee suer- Stbhy. You c-inc-Il execute every apphmi veys, thoinghe timey should exceed time ~ationeto you diverted, and make return quacntitics memctioceed in time warrants or tinee-cof into the Scms-veyor.Ccnerc-d’s of- appiicatiucns, ac-mci tIme ten ~er e~c-rt. Bet fice, wimbirm six months after tire date of that foe’ the fc-itcic’ut, lee strictly clmc-ic-’gt iei~ amine applictmtinim, pu-os-lIed the pec’sones deputies, ticat they alec-c-Il not, ore an-ny pro. wino shc-tt ohtc-min tIme same, or c-once tether tense-ut, returcr renwe (icc-ce thee qu-aemtit~-, puts-son in their belnabf’, si-ill attend c-ned with this usc-sal c-eibouvc-mnere fur n-nc-nI~, sued, ~imesvtleelaced to be surveyed, c-end pay tine teen Jeer eec-ut, unpon pain of being ob- for- survevineg the sc-~mec-mo soon c-ms coinc- liged, at ticeir owum expeunse, to rectify pleleni; bunt ire case tIne applier, or some ac-my surveys they shall rotc-sen withe sure-It person fbi- imiun on’ hem-, cite rent slcew thue excess of quuamrtity~ (Minute book I. land, soul also pc-my tine fees for surveying pa. 74~) as annum as the sc-me is donme, or anry other ‘ibis latter ordem- appear-s to be exphi. i-cc-sonic-dc-ic cacmee c-inc-nih oblige you to de- cit ac-rd peremptory; yet it does lint ap. lay time cxccnmtion tiecmx’oi’, your c-hall entee- peam’ to heave been rigidly almond to in 70mm’ rec-isours fan- not pen’fos-mingthee same thee letter; %ued in some iuc~tac-eceswas on tire bc-cit of tine copies of sure-he c-mppii. certainly departed fu-nuer. Some allow- cc-tic-tics, c-c-nd transcimit c-me c-mec-oec-umt thereof ance would nc-ten-ally be mcnclc for the dif- to (lie Sc-nrveyor.Generab, whim c-il cores-c- ference-c of’ sunc’veys, as inn former times. meient epeed; aced you nray obc-c-c-s-s-e by Oc-m c-c re.sues’ey it migint (run-ne onut a little thee- t-egnslations proposed inn (Inc Land-Of. more or’ less. it wc-ms to he c-c-i,sen-ved, c-c. lice, tlnat mnccb wibi depend on time cc-ire cordiumg to tire ltd-ten’ imnstn’cnctir,ues of the ~nd dec-pc-mtch of time deputy sicrve -os’, Sui-n’eyom-.Gencral c~Ui?sCOpus reusoac-ubm’c-; c-nd I desire time peopie nec-ny seat bc-ic-c1any sc-nay be.” Time exact nemec-msure in eu’cu’y cause of’ comphc-nisct of yonne’ neglecting case might he inc-practicable icr conecicrc-ue their- businmess. (Siguned by the surveyor- expem’icumcc. An c-mere, or a few c-cc-es, genen-c-mh.) mom-c, or less, eoc-eid umot prc-tmc-mihiby he time On the- 1st of Aeng-uist, 1766, time office oi~ect,on- he cncic-ichercc-d as cc viec-Ic-itioum of Was cepenmed our tine ceew plc-cr, The- tine ms-cat tire sJ>ie-it of the mile; c-mind common Ince. alde of Susquc-c-hnanina, on tine same terms den’stnmniclineg c-ned expc-’n-ii’nmce wnmmnic-l, ic-n n~ c-s cnn tbc-tc- e’ac-it sic-he. moment, he able tn, c-ier’mnle wiec-nt c-aug-let It inc-ui imien the pu-act k-cc to suu-s-ey to he conic-ic-k-med c-me accidental, us’intend. Ic-c-ge ti-c-mets tnt’ haitI unpoce wc-mrrcccrts cc-til- ed clepac-ttume fr-tern it, Bhnoc-nhil time unei-e ing hhu bert mu c-inc-ill sunc-nel,cr rc-f c-men-cs e-ircuncc-tc-numcc, icc n’runec-ming n-c-ec-nnrd a susm-u-ey, fifty macruts warm-c-mimic- wece cc-c-icc-c-i, c-neil sen-c- of setting’ a coic-n-se c-ne inc-if ten’ a ~inar’tcr rc-nh ieunmdn-crls imc-nrl heccue c-ct unu-uced out Iicc-eec of a degree too wide, c-cud inchc-uding’ air mend srarn-c-eects inn ge-nec-el su’c-re pc-rmlitcd acre cc-n- more too crmnucch, be made u~seof’ by thIs cinc-Inem, to cover aic-me-ge ovc’rphuns. to I)revcflt the’ c-acceptance of a survey, ‘lo rcstr’ansc timis practice, thee foihoss-ineg thee commocm feelings of time people would- orden’s scene nasnied, revolt at it; nc-in’ comrld time nnee’c batten- of Apn-iI 13mb 1767. Upon its beismg s-c- any law ~mustify(bee mniscinief, tine iumccc-n. presemuted (inc-it n-nc-coy siurveyc-e are made, venmic’nmce, c-nd expense svisich ii-oc-ihd fin. arid nnc-nking, which conetaine mon-c icc-nd how li-c-em the cr,ncstn-Imction; c-nc-md c-u-cc-n-y law (inc-mn tic-c ms-arm-ant or upphicaticmnm spccific-~, slnoc-nld be cc-cc-nstnmmed n’c’c-isc-mnnc-ebiy ; ace c-s th~gnvrrneor orihee-s, lhnat urn cec-un-veyne be gnmc-nd geucen’ah mule, bmc-,wever, nt inc-s been received couc-ec-istisig of mon-c- tic-c-mr ten adopted by ti-me cc-uc-rts, is-Ide-u m’c-c-gc-nr-d the c-cues per eec-ut, c-hon-c tine qcmc-numthy speci- customs of tine Lc-mnuh-Oflice. Unit es-cc-u tire fic-rb err thee wan-nc-net o~c-ippiica~,ion. (Mi— ten per cent. neuraL be rclimegue’muchmed, mete batik I. pc-i. 69.) wi-mci-c time inten’cst of otiror pmrrcirc-nscm’s - May ~st 1767. Upon the represents- would-be c-tIThe-ted by it. if c-teec-mdjceiniceg tuner of time Scc-u-veyon-.Genec--al, (Inc-it gt-eat uvcic’m-antce would be dinmeic-cishmed In c c-canm- nunebes-s of surveys had- been retire-mmmcd, 1 both on warranets c-nd applications cx- t’mty, the eld-en- weem-rnmmet merement he restrict- cec-dineg time qcuucetilies ucentiocieci ‘in the ed to it~qiunmntiiy witieoc-nt any sui-phss, Warrants or applications, aumd tine ten per which cc-mi be nettmincul only svhere it dc-nec- cent. aliowed-the suc-veyoc-’s to exceed; mo inejuny to othmers; c-icc-i tire fir-st applier mend at thcr~time to cc-nt ofT’ the excesses ina~no night to compialnu, ifbee gets whmat of timcic-e seni-veys, would, Inc a enanucem’, put ice purchnsed~ Tire whole law, tim~re. c-stop to thee busirmeins of the whole pro— ibse, us far c-s it imas but-c-cue cc-c-nesirlered,by verse-c. Aced it appeatin; that tine sur- time courts will appear in time çollowin~ cases. - 165

Time point was ~tc-nc-tec1in thee case of the Land-Office was neot bound by tbncir 1~84. time lessee c-cf •if.-c--c--Jiuc-nt c-intl lIn’iglnt s’. Ltc-utf~e,tin accept so large a retut’nn, Tire ,ThI,n .JIilli~c-c-c-, bei~c-c-’eic-c-c-tea c-c-c-md Sc-emit!,, first insts’csctinc-ns to the deputy survey- ,pusuices, JJeil;c-sorelc1ned, Noveimeber 1SOU. ors, not to survey more (inc-cue me sc-cu-plus .4LSsS’. Repon-Is. Bc-nt the case c-qnpc-c-mns to c-cf teen ptr cennt. on each inundred acres lease gone c-c-mm otiner gu-ormueds, aced is-eli be contaismrc-d mr a warrant, tonc-k plc-tee ire ~tatcd heec’s so fee’ ouch’ as crncmume-ctc-d with 1767, c-c-nd ac’c-cse fronit a desir’e to c-ne-corn- thrice subject, ac-md imic-roc-iuctc-.nm-y tin otieee- ers date thee diflbn’n’se~‘appliers witie icc-n-nc-is, cc-c-c-es, and tire flu-ms of tinis difibrenet c-sfiicer~ The plaintiff clc-c-imec-l time ic-c-icc-I under we-re rag-ic-late-cl tlccreby. But when it c-warn-c-ic-it for ‘250 c-icc-cs, dc-ted littOn Fe-. was dic~mc-overcdticat tine lsc-’OPrietary in- brru:c-ry 1786, c-nc-n wlcichm 2c-3S acme-c-, c-md- stitutiome i’.ciglmt be evaded by takimeg omit 155 me-s-rices, were ac-c-rvc’Ved our tine 12dm ‘s-ac-rants ice time icc-inure-s of otherpersoc-es, of Apn’ii following, c-c-nd a l)c-tenmt tlec’reoc-e thee n-cnie of practice still cocntintced, 27tbc ofOctc-einc-e’, 1787. theougir time rotc-son of it lucid long before Sc-cc-nb Milhienc-nie, time fatheer of c-Tefesed. ceased. However, baibre tbee 1~evola. aeet, one thee 4th of Decenehme-i- 1784, ob. tion wieemrever time depinty stcrveyor cci-. (reined two warrants, finn-209tie-ne-s—each, tilled, tbrat tine scrm-plmus lends beyond tire calling for ace inreprovemenet. Once ice ic-is ten pc-c-’ cc-’c-nt. were only dec-cimabie foe’ time owne name, on wicicin inter-eat Was to bands intime warn-nc-nt, tiremewas little hesi- cocmc-mc-’iec--e on tine 1st of March, 1780— tation c-ms to thee accepting of time retue-n lIre otiuc-c-r in the name of i-mis some Pieiiip, of sc-nreev of sue-he suc-’plus. I know of bretec-estto connnmeceee one the 1st ofMare-in, no rule on time subject. If time prescccu 1782. corrtest rested merely on the pour-, Time assistant of the deputy sum-veyor whetleer 450 acres c-mould meot be remade cm large survey ore thee-c-is svam’rants, tturueed on eacir of Mi/linen’s warranets, of 900 acres, on time 26the of April 1785, as a -matter qf rig/nt, I should inciinec-a but after-wards rcticu’nred above 300 acres against thee defbmedacet; but I give ceo de- on eacim Wac-’rc-trmt. cided opiceion then-cone. Tire practice ci’ Tire l)isinetifl’S survey inelcetled some of suc-u-veyors, sure-c (ice Rem’olmetion, -would thee improved, c-nd sumac of tire beat laced- hare great weigimt.” en tire large survey, by a sc-c-ppc-esed line, Tiee nec-hum qneestiun, ieoweyer, was, which was not masked, c-nbout fifty per- wlretlner taking tire new warrant for tlc~ thea from defendant’s Icomrse, leaving to 200 acres, was riot ace snbauec-lonneent of defendant, a quanetic-y of pool’, tlmine land, tire first sinu-vey, anti ac-n acquiescence imt ore time- back part of the survey, the two returns exclc-nding tire ianrd: Innernedi-c-teiy alien’ tIne pic-lustiff’s evc-ur— and -whethmem’ tine deferedant knew ared rant was c-kerr out, .eluillic-c-c-ii built a cc-- consented to it aced ifhe did, tire pbc-iun~ blue one flee Ic-rids in conetmoversy, c-nd mc— tiff’s warn-c-net must be pn’efem-m’cd...-_-Anc-l tainrod pnc-saessiomc c-c-f theem, One time 23e1. it was said (bc-at tire stmn’veyor hail no of Octohcn-, 1788, .Tacob .Shz’llic-c-oec-, c-ms c-eel’ i’igiet to gan-ble ic-ends at bibs is-ill and ccennmec-mtratur of imis fc-mtheee’, obtained a is-c-cr- pleasure, aced e’etunrmc what parcel Ice- nc-net for 200 c-me-nec-c-, ire trcncc-t far thee leek-c-i, tinimrks proper-; aced- that in an ~restc-ncii tned procured c-i survey of’ 220 3-1- c--mere-a, like thee present he should imave stated one time l2tiu of Septensiher, 1786, c-ic-ed nu tire courtecets of the first sucrvey to hcic- pc-tenet on tire l2tIe of October, 1786— employer, anti cakcuc leis directionsthere- wisich inclnedetl time lands ice qcucstion. ire. And it resulted to (iris, wleetlrer ‘i’hree smrrveyon’s wee-c exc-mnmined, si-leo tlmut assistant sui-veyor head been guilty declare-In tirc-mt is-lien-c there es-c-is no cl’c-c-c-— of a legal ji-acud, or neot 1 aced the jue’y, puts, tieey founnc-1 little on’ n-no difficulty, under the circumstances, tbund a ver- when they returned more (lease ten fc-ccc-’ dict for thee defendant, with time appro- cent. surpicus, one amen-s-cs made by tue-rn batiore c-if thee concrt since time lievolutiose. Tue some iuestaneces, So, ice Kyle’a lessee v. Wiulte, decidcc-l 350 c-med 360 acres lectIic- beenc sic-n’s-eyed, ire 1808, ire thee Sccpn’emeee Cc-ain’t, the de- acid returned, one warn-c-c-nets finn 200 c-en’es; fenednmmet Iccid under two warn-amrts, tic-ted c-nub inc some ‘bees-a, c-lc-c-c-sblc- tire qc-nanc-tity 3d Feh’v, 1755, far’ one hc-nndred lie-rca, of tiec lands ereenmtic-cned icr tim ivan-n-c-nets, cc-aim, one while-h a sccre-ey c-c-f 562 1.2 nmeul they had been all accepted tear-es was mache one time 28tie of ~o- .Tc-ndge Sc-unit/u, wino, by me-c-son of then venncbec-, 1760, ic-cit riot rettcrned, from icsdispc-esitiome of time lnres’cdinigjoc-Ige, de- ae-eitlcuntc-ni cin’cc-cmstanccs, into tine Sc-mr. lis-cc--i-c-h time cbmc-nrge, sc-c-id, c-c- 1, leowevec-, veyor-Gennerc-l’s office, unrtil Novenrbem’, for my own pc-c-ct, c-To not go so fccm’ c-s thee 1766. wltnmesses,witic-respect to survcyicc-g, c-ned Ti&hinacc-, C. J. Ire considering thre retcerneicig sine-pins ltmcmda. I s-tither tic-luck ohjecc-tic-c-n as to thee qctc-eretity of ic-c-c-md, ~e the depnnty wc-is not obliged- to make c-c must aclvc-im-t to thee tunic svieen time sc-sn-- retcerme of so large a srrmvey as 900 acm-c-cs, icy was made. It cisc-dc at title day, under nYc-ru-nc-rats for 600 acm-es; c-med tinc-c-t the objection w’out4 be Ice-isis-c. But I 6L~

1784. ‘nfl tire yemen’ 1760, -c-s-been it was made, it !tilgZnrna,z, C. J~dejiven-ed thejudgme~ was custc-nmc-mr7 to include n-c-ueh lan’ger of the court as fohiows quac-etitics than the warm-ants called for. There is no docebt, but that prior to It was not uemetil 1767, that this practrce the year 1767, a survey of 300 acres was altered by instructnOirs of the go. ceiiglne have been made on a v~sc-rrant for eernur to thee surveyors. The plaintiff 100; such was the practice of the Land- had notice of defendant’s survey, be- Office. But in the year 1767, the Board fore lee took out mis wan-ic-ant, 1 Brrereey, of Properly made an order, that no sur- 249. vey should ire accepted, containing more And, in 1810, the case came before than c-en per cent. sum-pius, above the the Supreme Court, icr tIme lessec of quantity cahned for by the warrant, Steinmetz v. 2hnng, underthee following wide the usual allowance of six per circumstances, urn appeal from time cir- censt. for roads, &c. An act of asseni- cuit couc-nt, cit ‘fork. bly to the same effect was made in April, Tbee pialcitill’ claimed under a ware 1785; bc-el as it has been expreesiy detid. pant to Wnlliana Grauce for 100 acres in ed by this court, in tire case of M’Ginni~’i thee ye-an- 1751, founded updnm an inn- lessee, v 4/bright, Deceseeber, 1799, that provemc-ot In October, 1761, Greece this act does not extend to any part çf the conveyed to George Steve-c-c-suit nod Ovoc-ge State, bc-it that ‘which lies tvitluic-u tine last Roes, describing the property as c-c- a purchase of’ the Ic-sclian~,it has mo bearing plantation and tn-act of bc-c-nd, containireg cc-ntine present case. by estimation 300 acres more or less.” Judge Smith, wimo lead great expeclenci A sue’m’ey of 279 3-4 acres was made on inn tine hnisireess of the Lared.Office, amid th~wan-rant by T- Armor, an assistant was himself a deputy-surveyor befoce thee deputy-surveyor, our thee 26th of Feb’y, B.evoiution, mentions, in his charge, that 1764, wine-h was never returned, c-ned it he head himseif surveyed 400 acre, on a was clear from tire surveyor’s field 300 acre warrant, afcer the year 1767, notes, that time suervey -was not correct, which had been accepted, tire party because- 159 acre-s of it wee-c included paying for tire siurpius; and tleat he [c-crew ic-c- c-notice-n- survey made tleree days be- ofc-so ic-c-stance, where a survey, courtainhug foc-’e by dn-mor, for Roe-s & co. ~‘howere more tinan tens per cc-c-nt sun-pius, brad been still thee owumers of Grouce’c- wan-inert. c-’sjrctec-l by tlee Land-Ofhlcec- if it did seat ~ue thee 9th of November, 1788, a sur- interfere with the rigicts acquired by vey of 287 acres and 137 ps was made others, before the return of time survey. foe’ the lessor of the plaintifi on It is certain timat the proprietary officers Gc--ouce’s warrant which he tinen owned, werein the 1cc-bit of somen-smes dispensing ~eee1udeeigbut a small part of tire first wide c-he general riches of office, where no survey; aced thire was return-need c-intl ircjustmce was done by in; and itisa striking flied in thee Surveyor General’s office, feature mn time present cause, that in thee ~n thee l6tie of April, 1790, year 1761, Grocc-c-c-e considered liim~~bfas The defenific-ent, wieo claimed under a intithed to 300 acres ocr this warrant. At that rime he might have had his 300 acre; ‘warrant for 60 acres, ‘cneiudimeg an im- snun-veyed; tend if it was understood in the provelnenct, tic-ted Junc-ec 4tln, 1802, inte— cicigleboium’liood, that he meant to take rest to commence our tlua 40m Mas’e-lr, 300 acres; or there were any linea, or 1790, which was offem’ed in evidence, marks, by which notice was given of the c-c-ic-I overruled, but c-bat, was-ed, on plain. extent of his ciaim, I think it highciy pm-a. ‘tift’& ctncesetrt to re-cc-ti it, c-c-oectendect tlnat babhe, c-icc-c the proprietary officers woc-cid ‘the survey of 1788, could not be nec-in- have accepced c-survey for 287 acres, after : ~ained, inn consequcecece of the on-tiers of the year 1767, provided he had stated, his ‘-1767; ac-md because the act of asscmbiy case to the Board of Property, and made ~‘ of tIre 8th of’ April, 1785, in effect imit appear, (heat no other person had c-c- posed time same e’cstrie-tion, was in emma. qmnired an interest inthee surpitcs. The ac- icy c’espects a genec-al ic-mw, extended to cepusuece of sine-h a sue-vey was a matter evce-y pae’t of thee State, ac-md was a di-. between tire warrantee c-cid time propc~eta’ sect obstacle to thee acceptance of thee r’ies, No thnurd person cornid be insjc-nned. pl-eintiff’s survey, is-Icicle ceo practice, or Nor Icc-s the present defeisdanet the iea~st custom in time Land-Office could obvi- particle of equity mr lila cc-c-se. What is it ate; and cited Kyle v. TV/site’, whes’e it to hum whether the plaintiff hcid mace or is said, cheat if thee sumu-e’ey in (lest case hess land ise~ludedin mu survey) inc-c-I been made at tire present day, the I hwe erudeavocured to ascertain the th~ee-inon founded upore its excess, practice of our own Land-Office, since would inave been decisive. the Revolution; andit appears that c-sac-i)’ The point reserved at the trial was, snmrveys have been accepted, made since ‘uvicether on ch~warrant for 100 acres, a time year 1767, on old warrants, contain- survey of 287 acres, in 1788, could be mug more than fec-c- ~er cqc-ut, surplus. Con- accepted, and it was frilly argued on tubs auden-ung all the cmrcumsiances of this cac-e mepiceal. these, without laying down airy gsaer~~t 167

~sche,it is my opinion, that the return of Luken~,c-if 330 acres curd ai1.owanc~,on 1~”84. time plaintiff’s survey, winich was filed ire the 26th of Juoe, 1769, which contaic-ned the Land~Office,before any other person a front of 902perches ac-c- the river. had acquired a right, and to which no ob- Crc-eec-it: were filed against time- return of jection was made by c-he Surveyor-Gene- this survey ; and on cisc OGtIr of Marcln, ral, gave bin-sm sufficient tic-be to recoverIn 1770, the Board of Property, on the this ejectmermt. Judgmenc-t affirmed. - chairns of ,~obnStephec-us, ~obc-cMontgan.c-- But all dc-c cases recognrzed the prcncn- cry, and ~‘c-,hn2ktor~as,against Wi1IIac-~ pie, that if a third person mleouhd be injur- Picunket, (who obtaimeed a craresfer nsf ed, or there ~ho~hdbe ace ‘nsuesvcniemg right M’Grath’-c location on th~01st of March, brian-c the survey made, rleomngis ore a preceding,) decided, that time narrow bo:. yamung~erwarrant, the first waeramc-t will not torn on c-bee river shoc-nid be divided1 by be esec-ctled c-c-vein to the ~czc-per cc-c-ct. surplus, ~arles Lukene and TViIliac-n Smut , into ~ if it would timerebydeprive the second war- many tracts as it . mid allow of, taking n-mt of any pam-c- of its qncantity. in as much of the back lands as were fit Thus, in ,EI/iott’~hesse; v. Bonnet, trvsce to be taken up, or as the parties shou1d~ before cited, th,e judge concluded his be willing to take into threir surveys; aurd clean-ge to tire jury, thc-cs, c-c- if the jc-nry that It should stand oven’, until the mac-nec- small decide for the plaintiff, the only re. should be decided between .S’tepbanus and usc-using cleing to be considered, is, wheat Plc-c-c-Let, as to Flu,nket’,, location, A pa-. ought he to recover? I-fe has got under the tent, however, issued to l’luc-ckcf, On theC warrant to ~roy/e, inclerdiung his isusprove- l7tle of August, 1774, and on the c-ax; nient, 103 acres, and 123 perches; and day lee mom-c-gaged c-lee hands to tine trustees there being another iegal ruglmz in tire hands of tire general Loan-Office, to secure the pf c-Irestcrveyor(though posterior to Cray/c’s paynnermt of c-a, 200, aned interest, on the ~c-phicatione)before c-icc seme-vey was made, 22d of April, 1193, tIre hacrds wen’e soic-i ~e is now intitled only to 176 acres, and by I’Ycc-tu’l Roan, sheeriff, (tIne mortgage 37 percbres; c-lee dift’enence betweec-e what money being cc-repaid,) to tine lessors oftire ins already surveyed to leim, ac-md the Strict plaiesuifl’, for c-C- 811. quantitytef 30t) acm-es, under his iuseprove- The defenriant held as tenant, under tire nrcnet, amid not to any sclrphius quantity of heirs of ~olc-c-rMontgooc-ncc-y, svbeo ennen’ed tcc-c- per tent. c-red that finding fan-the tenper an appliratione ore the third ofApril, 1769. eec-nt. rni~htpossibly enedac-eger the’mrverdnct. No. 916, for ‘300 acres, oem the west And nfl the 1e~seeof Grips v- Baird, brancie of Susquehanna, upon the south Ebnthngdcn, Mcn~r, 1805, befope 2’~c-uc-es side of c-lie said branch, opposite time cinch Smith, Justices, MSS. i~eporc-s.The lower end of the pxoprietae-ies survey, up. rote was tlmu~recognized, “‘l’hat under ona small n-c-ems cc-rn time river, opposite to the order of May, 1767, tire deputy-sur- the upper end of Muncy bill. veyors were neat c-a return more than ten It appeared in evidence, that the de- per cent. beyond c-bee usual allowance for feredamen’s location descrnhc-ed thee hinds jut ~oadm,on time quantity of lands coestrined question, aend thc-t if P/snc-cket’~survey lead in tIme applicatiose or warm-c-set; bunt this been bounded by c-he c-nice then-elms mention- only heeld where there was no conflicting ed, me would leave excltcded time controvert- right when the survey nc-ms nec-dc; for inn eti groucnds. Thmere was a hong nrc-rn-ow such case the depiety was nor pernsnitted to bottom of excellent laced ahoeeg time river; exceed time quantity called for with the al- the grotnnicls bc-ck were arabic, c-nd fit fan- lowance of six per cent. for roads Ticis cultivation, though being Pine Barrens, was eqmnal jenstice, c-nd conformable to tire theey were of much inferior quality to theose settled practice of the Land-Office, it ins fe-ant of the river. - Application was had been pursued in thee circnnit Court, at made inn June, 1769, to Levy Ste-eec-n:, Br4fornl, in Novennleer, 1801, in El/iOtt’S wlmosurveyedundarChar/csLuL-LiuS to nec-eke lessee, v.Bnnnet,winere thej urywere strong- the survey for Z&loc-ntgoc-incc-y. lie promised ly dispc-,eed to fisud the surjntus of c-cc-u per to do it, and return tire hands above tine cent. Icir the phaintiff~ niouth of the nm for him, and a large Ore the fbuc--tie ic-cc-fl c-c-f the second set walnime tree tleert, was afterwards fixed. of mnstrnnctions to the depc-nties, before as a cornex of his survey; but time promise seated, the tokowing case has occurred. was not complied wjtie. Lessee of Bear v Ruc-c-e!, J’Tn,rt/jsnnc-ber. Notice was given at thee sheen-ill’s sales land, October, 1796, before ~‘ec-ac.raced of ,Muntgoc-c-wry’s claim, Smith, jusc-ice~,MSS. Reports. 2’t-tc-tee-, J. being one of tire exectttots ui Ac-c applications was entered, on time 3d S. Cbc-c--nunbc-rs, who claimed part of timeic-ott, - of April, 1769, No. 164, him tice naumie of de-ehinc-ec-l retl~inug ac-my pc-el isn dnedecision, ~obn Mc-Gm-ac-b, for 300 acres of ic-mud, on Sc-nit/u, J, I feel nra difiicu~c-ywhatever, n-c-ne south side of the wear bracse-h c-,j Sims. silting uc-lone tnn tinice cc-sc-mae. It icc- so inlalet quehanne, about 25 miles fm-once FortAnc-guc-s. c-heat it cc-resent be Inueplexed. ‘Flee ioc-c-n-nrc-. c-a, concluding a bottom called Ougbcoc-c-gb. uions formerly given to deputy.zurseyorr, ~eockcny. c-mid their ic-sage, tvihi readily det,er~einnc A rtcmvey n’~amac-Ic thc-reon, by Cbar~t’s the n-bln-peite betweene c-he parties. I 6~

1784. I-Xe tic-en mentioned the 4th item of tire ther pt-ocicring hig survey c-end return to ‘,~ lflStrc-ncc-ioc-us, before given at large. be truade, or in pusyimng thee pinr-ch:c-se If c-here were no oilier wnin’ralets or ap. neomeey, c-nd obtaining the pc-c-tenet, thnn~ phicaticc-ns thaur thee they wee-c execicting, application arid siee-rey will he utterly c-hey assiurned greater liberties; arc-ri if, in void, c-red time proprietec-n’ies will be at seucle instances, they gave a larger front liberty to dispose of thee lumnc-d to an~ on a river, or creek, than tineir bnstrn.cctlons otleer pee-son wluatever. And as tic-use admitted, c-end their surveys were accepted, terms will be strictly adhneied to by tire no injc-cry was done, and no one eec-mid pn-ope4etac’ies, c-il persons are ieem’eby n-cc-soc-c-ably complain. The proprierc-urles waenc--d anmd oc-eatioreed, mint to apply for eemiglet, in, such a case, dispense win-h their nmon’e land tiearn tiney will be able to pay tnauc-c-l ride, c-c-nd granst their hameds as they for, inn thee theme lnerc-c-by givene fat- that pleased, But wheere deere were otirer purpose. rights, thougim subsequ.nt in point of time, By arc-len- of tire governor, nc-niche also called for execution, the due JAMES ‘IILGHMAN, proportion of frunt on tire water, c-nd ex- Secnetc-i-y of time Lc-c-nrd Office. tent hick, ouglee, in justice to bc-s adhered Ph/lack/p/n/a, Lc-c-c-cmc-Office, Fe-Ic-. 23,1769. to. To deviate from nice estahuisic-ed n-c-mini N B Sc-i ic-smeg c-t du,% is fixed, to give under theose circumstances, would do ma- time bc-c-cc-k incinabitancta tinec to n-epair to reifesticejustice to tlmird persons. I wiil emot tic-c office, say, tic-at ic-n practice, the surveyor is re- ztrictett to 0cc-C, or even two jc-c-srehmes be- At a special meeting at the governi~ yueid mu directions, wbeere time anrc-sations of or’s, on Wednesday, time 05th day of the grounds calls for a latitude in judg. Janinary, 1769, ps’evious to issuing time cement; bent I will assert, ehcit to go 902 abumve arivc-rtisement, present, time gte- perches, by thee nsargin of a navigable ri- vernos’, Mr. Hamilton, the Seen-etc-ny, ver, anmd where the lands back are of a Mn’. 7’ilghmac-c-, Aenditcen’-Generah, Mi-c- quality proper fun- cisitivac-lon, to him up an Ifc-c-c/c- ley, time Receiver.Generci), Mr. order for 300 acres, is autogeelmer unprece- 1-’/c.isic, tire Surveyor-General, Mr. Lu- dented, c-ad unc-warrarnted by any law ox- it-c-cs-. Tire Boc-nm’d, assisted. by Mt’ E~r- usage, where it would operate agaiast tine milton, took isnto considenc-uc-tiun thee rights of others. ~y such isriprc-p~n’prac- ten-nina on which tiee ollicc-i shoinld open tices, in garbling c-lee wbeole of n-lee lands fins’ the late new h)c-nrclrase, and are of of the first queaiity, tire settlement of tine opinionm that tire c-tpi)hiec-ititflt plan ice ge— country is~retarded, besides doing esnese. nerai be continued, bent are of opineion~ tic-i ieijtestice to immdividtnahs that tinere c-clmc-,uirl b~some aitet-atic-c-n ems There was accordinmgiy a verdict for de- to tine time of’ retc-su’nirmg tire sc-srvcys, £eusdamet But one the erectic-,ec of Lyconcic-ng and payimmg for the ic-ned, sc-ted tuc-kinug out county, in which the lands now lie, time controversy was renewed; but it hc-s sincee patents, whnicie is referred to fenrther been compromnsed- cones’nderat’son. Winen time Land-Office was about to It appears by tIne advertisement opec-s fbi- thee lac-mds pum-cinaseci inc 1768, abc-,ve, that no ahtee-e&tion was made as tic-u following adm-en-tisecnec-st was pub. to time time of sue’veying- rued pateceting; nor was thee limited period, in eithser of Iic-c-bsed for general information, time pecu-cheases, or under previous warrants, either as to sun-veying, or patent- 4dvertin-emec-nt. ing, ever, generally regarded by tine people. Tic-c-ny wane inc-Inmiged fec-once time Thee Land-Office wiil be opened on to time. As to thee propm’ietaries, ruse tire tiein’c-I day of April next, cit ten foe-feitun-es wee-e insistetl on; c-nd by va- o’clock, irs the moenineg, to receive c-p. rious pc-ociamatic-mies and cc-thvertisements, phicc-ttion~Crone cc-Il pee’souns inuclinable to after tine e-espective pee’mods, any forfei- tabte up Ic-nods in tine new pun-c-c-lease, up. tore may be presec-med to heave been on the ten-ms of five porunds sterhireg per waved, by demanding thee perfoi-mc-nce 1cc-risc-me-ed acres, -annd on-nepenny per c-c-ore, of tIne terms or coreditiones. Ac-ed on thee ices- annetemle, qc-nit-t-c-ant. No person will 25t1e c-c-f April, 1774, by a notice, wln’c-ch inc c-c-hfawed to take up mace c-learn tic-i-ce is filed in the Sesrveyos’ General’s office, - iennnnlrc-c-d ac-c--es, rsithotrt the special ii. it is stated, “ Tic-c-it as time several de— (c-CflCc-c- of tic-c pc-opn-ictc-rnes,oi- tire gnvec-n. pc-nty-c-nurvc-yoe’s, pr-c-pose giving due at- nc-n’. Time sturveys nc-pose c-c-Il nmpplrcatmoies tesedarece ice thmeir e’espectnve disc-n-metS are to b~nnac-k c-ned m’etcmn-ned witlein six tbec’tc-c-nglmout the province the presenct- nc-c-ac-c-tic,, and time svirc-ile peni’ctncc-s~ nero. sunerner, alh pen-sc-cues wimo have entered’ nc-ey pand at one payment, nc-nec-i pc-tenet appllcc-tious foe’ laced, and leave not got tc-nc-ece out wutlein twt’ive nnc-jnrc-les from thence strrveyed, are lsc-reby desired to tic.! dc-c-tc-- af time apphication, whim ireterest attend tine deputy-rut-ye-yam-, inn wheose c-c-unit c-icc-nt_tent tiounn six crmoumtlms after distruct time ic-c-c-nd essay be, sleew the n-he c-Implication. If there be a failure same, pay time charges (c-f sc-nrveynng, cr1 ann. tire side of time Ic-al-ty appiyic-n~,in et- order thai tic-c same snay be rcturmned 169 beTh tile Siervey r-Gemeral’~annul Secre. purchase, annul the time of opening the 1784- tat’s ‘c-c- offices, in order for patenting office. All eqtcitablnc-’ cic--cc-c-mstaeeces (agreeably to acm advertisement lately were therefore oc-nt of the qc-nec-c-don; tine puhiislc-ed by the Secretary of tire Laced- chance was equal to all; annd c-ny at- Office.) By order of his leonour the tenept to obtain a preferenece, by cut- governor. ting a few trees, eec-ruler tine misapplied’ JOHN LUKENS, Sus’-vej.or-General. seame of ace inc-c-proe-emenmc-, would 1nav~ been c-franc-c-I upc-nem thee c-dventun-ers iii But as it concerned thee peopie them. nice lottery, c-c-nc-c-I conild c-cot, justly, be selves, a new doctrine necessarily arose emetitleci tie any preference, nc-mt of this state of theings, whicle will Preferences, ic-c-eweven’, there were be considered in its order. Where sur- previous to tcpesiing the office; c-ned. to veys were nor cc-made ire a renisomeabie a very cosesiderable exteent, of tic-a time, witinout concfcninsg it to the six cleolcest lands. Once ~f thee imenluce- months, a principle lets gm-own up, esnents to time icurcinase of 1768, sv-.iv time -whicic maybe termed a construct/Se c-bc-c-ne- accommodcitiore of time officers of time slonment of an inceptive riglmt to inc-nt!, provinecic-ti c-egiments, who Inc-tI qesved An actual intentionah abandonement, it during the Inidiane campaigns, c-nec-i were would not be in one cc-se out of a tleoc-s- desirtnus (as tleey represented,) to settle seemed, aced’ thee law itself beers been de- togetiner. One htmrede’ed cain-I thur theon~. clared upon tine active pic-nsc-uit of thee sa~stlacres wee-c appropriated for thu claim, whene, aflen- the pn’esnmccl c-ban- pen-pose; 24,000 of wie’mcis quantity dnc-snment, other rights have been fix- were for tire benefitof thee officers of ed. Thus doctm’inne was essential to the dc--st and second battalic-enes. Large tire settleneecnt of a new country. But pt-efct-ee-mces were also given to indivi- -whnen time survey was dimly nec-tie, tIme duals. Thcese were called speciahgrantsj principle would nc-nt aleply; no one ac-sri ‘were excepted nut of the lottee’y. -would be deceived; the land could cent TIme officec’s’ ic-reds, proprietan-y c-emcee-va- be considered’ as vacant, c-end nmnappro- tioe~s, rind special granets, a few in. priated, and ac-ny neglect in pen-fCc-c-ting stances excepted, were stcrveyed annl the title -was a matter solely between appropriated previoc-nsto opening thee of. the proprietaries, and the holtier of the flee; c-ned so nmotorioosly dosee, as to warn-c-nt, or application, with which, vent any deception on time peophe, wino third persona, who were not icejux-ad, of cous-se avoided these snurveys ire timø lead nothing to do. descriptions of threir locations, It will be observed, further, that Eveec-y thing was tlees’efore prepam’ect there aee several mac-kelL distinctiours for cnpenireg thee office on tice dc-y ap~ between tiec app//cat/sc-c-c-, of 1765 aced- poineted; the plc-inn was finally adopteds 1766; and the cspplicatioc-cs-, or locatioss- of ac-cd notice givene of it. Their plc-mm forms 1769, In tine first, it was an immedi- tire heeading of time book of locations, ate application, aenti direct graentof time aced thee hocationes fohlow it, mi thee om-de~ Ic-c-nc-i, on a new plan to be sure, but in wbricle Liecy were drawn c-nc-I numbem~’ claiming priom’ity fc--onn thee tiesec of ap- ed; cache nnmneeber containing tlee pre~ phicatiome; and’ tleey wet-c numbered ate cisc descriptions, thc-ey came inc But the locations of’ the “ Thee tlm’nrd clay ofApm-ii, 1769, being th~n’dof’ April, 1769, (for tlmete ‘were appointed for opening the Lc-nd.Offioe nec-ny bc-c-fore ac-sd’ after c-bc-ct day, wieieh for the neew pureimase made at thee treaty did not fail witimins the n-isle,) ‘were cmi- of’ Fort Staneunc--c-’; mend it being knownt tic-ugec-ut, tic-ey were lottery tickets, c-nd thrat gc--eat mnümbers of peophe wouhd at- xuercsy of ti-scm were to dc-nw blanks. ftp- tend ready to give in thnein’ /ocarions at plications, om- locations wet-c admissible, time same incstamnt, it was thee opinion of and were rece’mvec-l, for tire sc-rue spots the govem-urol’, c-intl propn-ietam-y agents of’ lamed, from difi’cm-ent persons, einsc-icr c-hunt the most unexceptiomeabie metluod5 various, or similar clescr’npt’c-oses. Tiney of receiving tire locnmtinnmc, would be to -were not nirnebered cc-s dc-c-liven-ed, but put thuenen all togetheer, (after being re- received their number aced priority, by ceived fe’om the people,) into a box, or time cIeac-rcc of a Iottee’y. trunk, and after mixing tic-em well to-’ Time settlement system could leave no getleen’, to draw tlrenn out amen nec-ember operation; (except on once particular them in tic-c orden’ they slnoneid be line of time purchase uuder peculiar Gin-. drawn, in order to determine thee ps-c- ctrsnstaceces, wimicie were provided for.) ference of tleose respecting Vacant Time laseds inc-ti been pnc-rcic-ased but a ic-reds, Those who have settled plc-c-eta- few momstiecu precedineg from tic-c Indi- tioc-ss, especially those who settled’ by ans; settleenents, or imeuprovements permission of thee coenmandirefi- officers, thereon were illegal; nor could many set- to the westward, were declared to ieav~ tlement heave beemn made, withe acey ef- a ps’eference. But those persons who fect, inn time winter sea~on,betweces tine bc-c-cl settlcd, or ~ia~e-what they call ‘men- VOL. II. 1~’O

1784. provements, since the purclease, should’ The innterest of the intestate, in tue c-sot thereby acquire anc-y advantage. lands, was sold by the widow, and yoIzun ~r,j Thee locations, (after being put into a Byer~r,her brother, at public vendue, trunk prepared for thee purpose, and for £. 140. bc-. An-md tiney executed a bill frequenthy well unbred,) were drawn of sale thereof, to Robert Taylor, and etc-tin the following order, by c-tn iesdef- others, and. also an assignment of th~ fererst persoc-m.” original receipt for c-i. 10, bode bearnreg As the owners of the locations, in a date one time litic- of May, 1758, The great number of cases, made use of whole premisesbeing afterwards vested other names than their own, it was com- ice Taylor, were conveyed, ore the 1st mon to endorse thee list given in, with of January, 1761, by his administrators, their own names. This c’ni-cumstance, in pum’suance of a sale directed by the ac-cd time hand-writing inc tine body ofthe Orphanss’ court, to ~olrn Sterli:ng, under location have frequently been consider- wleom, by several mesne conveyances, ed as of importance; and heave, more thee defendants made title. than once, decided thee right to thee Byers and mis sister were dead. Ni land, against tine nominal locator. letters of administration to tic-em were In taking leave of tic-c proprietary re- shewni in evidence, but their bull ofsale gulations, mend before we come to con- styled them administrators, Nor were sider the legal effect and operationu of any inrventom-y, oc-- administration account - all that has preceded’, it may be neces- sinewir to the court, or search made for sary to observe, that c-notwithstanding theem, the tee’ms of the advertisement of June, Tine counsel for the plaintiff admnt- 1765, wc-errac-st: continued to issue, up- ted, that formerly equitable titles to on improvements, c-end’ for lands adjohcic-mg lands, under improvements, and even improvements, or old surveys; and ap- warrants c-ned surveys, were considered’ plications were adleered to only where as personal property, appraised as such ~cnpn’ovementswere not certified. But in inventories, and settled’ in adminis— -warrants did not issue for lands ‘c-n the tration accounts, without any orders of asew purchase until after 1772, oc-’ ic-I Orphans’ court, empowering the admi- some part of that year; and wlcen thee nistrators to seil; or, in the case of wills, warrants were tic-ere introduced, cc-c-ed at without any authority from tire testa- thee same period elsewhere, it was ge- tors.—But ticey contended, that this mncraily the practice to pay time wbmole usage ceased in 1753 or 1754, and con- purchase momney at tire time of the war- sequently, tIc-at the sale made by tic-c rant being granted. administrators in 1758,was not protect- A great mars ofproperty in Pennsyl- ed thereby. vania is held, by what is called ann equi- The court, aftec-’ stating time titles of table title; that is, wimere, the pier- tise contending pan-des, observed tieere chase money belieg unpaid, no pateec-t was a considerable interval, dc-aring’ has issued. It was necessary therefore, which equitable titles to lands were not to recognize this kind of title, as suffi- viewed in tire same light as at present. ceent to support an ejectment. Orig’e- It was not then supposed, that eject- nec-fly, however, adifferent opinion pre- mnents could be supponc-ted on-c-theegrounds vailed; and time change in the practice of an improvemeset, warrant, or survey, can be collected from the following-care. thee legal title being in the proprietaries. Lessee of’Patrick Campbell and others Amongst some of tine first instances, isa v. Lear, Dauphin, October, 1796, before this court, of a different practice, may Teatee and Smith, justices, MSS. Rep. be reckoner! thee case of the hesseoj of Bjectment for landsinc Derry township. George Sprenkel v. Geor~geStevenson, at It appeared in evidence, that ,David York, ),~ayass/zes, 1772. Campbell, on tire 28tle of May, 1748, In moc--e ancient times, sucinequitable took out a ware-ant for 200 acres, inn- claims to hands were ranked as mere hluding Iris improvement, the intee-est chattels, annul sold as such by’executors, ~o commence March 1st, 1729. He nil- witic-out powers in the wills, and’ evens so paid ~. 10, on theat day, icc-to thee Re- by executors in tied- own wrong, and ceiver-General’s office. He died intes- by administrators witieout the intec-’ven- tate, on the lands in 1758, leaving Ssi- ing orders oftime Orphcans~courts. Sucht sac-nc-a, his widow, and several issue, sales formerly made, 6cc-afide, for pay- meow lessors of thee plaintifl who were ment of debts, or maintemmance of minor all young at his decease, bun tieeit- ages children, leave frequently been sanction- wee’e not ascertaineed. His stock of ed by courts of justice, A determina- creatures ‘were sohd shortly after icis tion on ticis very point was had at Lan. dec-tie, Tirere was proof by the ac- easter, June assizes, 1792, betweena knowledgment of thee eldest son, that ,Tkfeans’s lessee v. Flora, by 2k1c-c-rea,u, C. 3. at thee time of’ ic-is death he owed one c-c-ned in many oticercases before the war. boned of £.50. The titles to marcy yalttabhe estates 171

depend ocr sales of this natnc-’e, and it Bras/mitre’ deed, containing’ no words of 1784. would be higiely inconvenient and dan- mnheem-itanece, passed no more than an es- gerous meow to impeach them. The cus- tate for life to Lynntz. wieicle was now tom of the country oftlcat day, was sz,i- spent; and therefore the plaintiff shew- tmta Ct approbate, and became the re- ed ceo title to tire hands. The rule of ceived law. Indeed the law itself’ has law was so clearly settled, that in deeds beene said to lee nothing but common tire word ~heirs~~was so indispensably uaa~e, necessary to vest an-a estate in fee sim- But the plainrtifF’s counsel insist dec-it ple, it could need no animadversion, this cxsa~’eceased inc 1753 or 1754,— But, by the Court, The operation of We apprehend this not to be the fact. applications and surveys threreoer, is best Ic-c- ~ lessee v. Walker, determin- explained by the usage of time state; ed’ in bank, January term, 1793, the and as that usage alters, so will tine law, court expressed tiremselves, that im- No sucic- tithes are known in England, provements made, a,c-irno residendi, and mend thee strict riches of ia-cr tleere, are in- even warranted and surveyediaeeds made applicable to our system. An applica. *1c-ic-~-fiveyears ago, on- tlc-ereabontts, were tion is the mere inception of a title, ocr generally considered as chattel inte- which nra neon-c is paid ticate 7e. 6d. the s~ests,and appraised as such in the in- mere office fees of entering it It vests ventories ofdeceased pec-’sons, &c. The a mere equitable interest in the pam-ty, vec’dict was for the defendanet, but thee the legal estate remaining in tlse com- 4’esidue of thee case more pc-’operly be- monwealth ‘c-n tn-nest. Tine right is event. longs to another branch of time law, ually completed by obtaining a patent. Thee practice of bringing ejectments We have often seen, that rights un- has now become settled law, though thee der applications aced wan-rants, have been legal title is in the comnmonwealthe the assigned by blank endorsements, and’ etc-atom of the country is, in tic-is re- that time sale cc-f improvements inc-s taken spect, usitata cc approbate, and is recog- place by payment of money, or thee de- nized aced adopted in thee supreme court livery of a specific article byway ofcon. of the United States, in Sinzs’e lessee v. sideration; and such transfer and sc-lc~ Irvftne, 425.466, have always been established. Tins And, in the Lessee of Paxto,e v. Pc-’~ce point s”as resolved at Bedford, during J3edfcc-i’d, April, 1795, before MnKean, on-nm- present circuit, in Pmrcctonc-’e lessee C, J. and 2~at.s,J. MSS. Reports. it v. s-ice. was said by the coc-ert, op an objection ml thee instance before irs, tine subject to the evidence, That such inchoate matter must be considered; and Bra- rights as applications, ic-ave been fre-. .c-hiers’ assignment conveys to Andrew quently transferred by mere blank in- Lycc-n, all his rig-lit, title anrd ‘interest, in - dcersementr. Thee strict forms of con- the qtithi,i writings. It tefers to the veyannces ic-ave neot been applied to steele otleer conveyance, on which it is en- imperfect rig-lets; c-end in tbe case of im- doe-red. provements, it is well known, that tire Tine intention of the parties is clear. sale of tic-em ic-as, been proved by pc-c--ni. Tine tithe passed for a valuable conside- So, inc the Lessee of Lynn v. Downes, ration, c-ned tic-c money paid, raises am at Fayette, May, 1795, befom-e time same use, which chancery would’ carry into judges, MSS.Reports. Thomas Doc-ac-nes, execution, it operates as a statute con- filed an application for 300 acres of land, veyance; annul we appreleend, tic-at thee including an ‘improvement, one the 3d of vendor would be coic-sidered as a trus- April, 1769,.—He made his will in 1778, tee for the vendee, and consequently, and devised the land to leis widow and tic-at all ic-ia equitable interest passed to clnihdrenn. Tine only part of the case tine amecestor of the lessors of tine piain~ material to the present question, is as tiff. Verdict for plaintiffi follows: And in Lowrey’. lessee v. Gibson, be. One the 21st nf October, 1788, tIre fore cited, it was said, tic-at even war- widow and executtc-’mx, and three of time rants might pass byparol. clnnidren, convey their shares and inte- And a devise of an improvement, in rests to Benjamin Brasimlers, and ic-is 1745, ‘witheout words ofinheec’itance, held hesrs, in consndeic-nc-t’non of 20s. c-cs acre; to vest a fee. Lessee of Green v Crecs- an-nd on the 28the of March, 1789, Bra. me,’, Supreme Court, December, 1798, alnzer8, by an assignment, endorsed’ on thee MSS. Reports, S. C. 3 Dallas, 477. former bill of sale, “Sells and transfers A location entered by one person ice all mis right, title and interest, ice time thee name of another, such nominal per.. within writings, to Andrew Lynnn, (father son is to be considen-ed as a trustee f~ of lessors f the plaintiff~)for value re- thee person who made the entry. ceived,” ‘without9 using airy words of in- Tic-us, in the Lessee of Cornelius C’o’t heritance therein. v, Thomas Grant, 1’J’ort/numberland, Ma, It -was contended f~u~defannd’ient5 tic-at 1792, fre~breM’Zcan, C. j. andrester,J’. 172

1784, Both piainti~ac-eddefendant claimed un- denece of the contrary reputation of the dr the san~elocation, enteeed in the conc-ntry being opposed to it in particular ‘~J n-an-tee of Thomas Grant,dated 3d ofApril, instances. (1 Ld. Raym. 311.) 1769. It appeared in evidence n-hat tine location was put nnto thee office by Alex- Of the law respecting isnpro’oements. anden’ Grant, ftc-timer of dc--fendanc-t, mc’. ic-is name, and that lee was ticen eleven years Tic-is subject hens been already no- old ; tieat the laneds wcne takene UI) by ticed, Fn-oc-n tine peculiar circumstances the said Alexander aced Coz-,c-eliur, inc part. attending the settlement of a mmewcpurn- nersimip; and, that sonnetime aftec--wai’ds, try, it hea~at present grown into impor- during time minority of his son, Alexan- tance. Tlnough singular in its ori- der Grant agreed to sell to Gox thee other gin, it has gradually grown iota a sys- moiety ofthe land for~,2Q,part ofwicicle. tem, which has been rnoulded by time was paid: Coxcontinueclinpussessc-on; and common sense into an intelligible he had paid the surveying fees. 4fex- and reasonable branch of settled’ law. antler Grant obtained c-judgment against It may hereafter form a striking fea- him for ~,9. 8s and issued nfl fa. re- ture ‘en the lsistory of property; hot ic-n- tru-nable to August, 1773, upon which times not very remote it must inevita- these jands were levied as Cox’s pro- 1)1)7 become obsolete in practice and. perty. use, As in the country from wheicle web By c-lee Court. We must take notice of derivethe principles of our laws, it is thee ensuai practice wheidh has prevailed no longer necessary to enquire wlee. in the cuunrry, to obta’nne atitle to ic-teds then- some powerful baron acquired thee fe-one the late pc-oprietary officers. Tine possession of a nec-nor or a castle, by e’enae which obtained amongst themc- that the grant of his sovereign, or by fbi-ce~ a pen-son should not be permuted to take or by fraud; so, inn time conan-se tnf time it put a warn-ant, on location for moie tiean may be altogether tnienecessary to en- 300 nec-es of’ land, was probably first inquire into the pam-ticinlan- origin of our trocluced to prevent time inegrossinng- of titles, real property, c-tnrd was poe-ic-apr continu- An attentive examination of tire mi- ed afterwards for the emnhc-c-ment of’tiee nutes of tic-e Board of Property, com- officers, But we well knc-ow, that, in mencing in tlee year 1765, will shewthe genen-~h,thee name in the location was gre-at consideration sIc-ewn to improve. merely nominmal, ac-rd used- as a kind of neeots by thee proprietaries themselves; ~cc-c-ffolding-foe’ bnnildinc-g up a fon-mal mend and a v:eriety of instances appear in regular title. The person wheusesame which regulae- warrants anti applica- was used staneds as a mem-e trustee, for tions have given way to mere improve- him who took out the warrant, or enter- ments w’mtlc-oeet other tithe, ed thc-~loceetion, and paint time surveyor, The first judicial report we have on or other oflicerme, Tine latter ‘c-s the maCui this ~ub~ect, is the lessee of Patrick q’use It has been long settled, c-jean- niece Campbell v. ,Benjamin -4ydd, at Can-lisle, pn-nrclnasiesg lands ‘ems the name ofac-etc-timer, Cimmbsrland C’ounety, Juc-c-e 1774, before and paying thee nnoney, it is a reanmitinrg Qhew, C. J, and Marten, 3, (MSS. Rep. trust. (See 1 P. Wms. 321, 1- W’els. Thomas QrbIson settled on the lands 21- 1 Eq. Cc-. c-br. 380. 2 ~q. Ca~abc--. icc dispute, in 1748, cheared ~4 acres, 744. 1 Ath. 60. 2 Atit. 150.) Bere built a cabin and barn thereon, and Alewander Grant made use of lsis son’s otherwise improved thee same; that in - name, merely for thee pc-u-pose of ob- doineg tlcis he was not in thee least obtaining the tithe, c-ned. havineg sold to the structed by thee neigiebouc--s leaviteg in- plaintiff’, his sale must be established. terfered with the litres, or claims of Ann4 in Roglar’s lessee ‘. Gobach, none of dcccii; -and that on tic~21st of Datnpien, Octobur, 1796, (MSS. Re- Feb’y, 1750-1, lee sold ic-is icsrpn’ovemec-rt poc--ts,)1Smith, J. held tine same doctrine. to ,~foIenGilmore for ~20. Oilman’s, oa I-1 seem it htrd always bttrn unederstooci time 26th of May, 1753, sohd the im~ in Pcmcnesylvanmia, that one entering a lo- provemenrt to thee lessor of tine plain- cation inc tiec name of’ anotiner, it sIc-nil tiff for £.60, who continued in posses- ensure fnr the benefit of’ the party ap- sion of tire same, until Ida house was plying, without oilmen- proaf~So, in thee buc’nt by the Inc-Paces in 17A9. case ofthe faUcet’ making application ‘en Their evidence was objected to. It the names of Ic-is children, it shall he was said, the impn-ovemenst ofibred oil ~rosnnnadto be for the n-mae of the father. The practice of thee prope’ietam’y I,and. the part cc-f time plaintiff can give IsinTi Office flr~tceetnofimc-ced this system of no legal tithe, without acquiring some ~aknng up maneds, and the effects of it riglet under time propn’ietaries. Their Imave been generally under~tuod.But as an’e the owners of tIme soil, and unless theey gn’ant away time hannds, no improve’ tic-c-s tn-nc-st is founded on mere Jn-esump. ment thereon, or settlement by con- hop, sc-nay be r~ehIs4by ~think h e* sont of a neci~hboeevhood, cc-ti give c-p’ 173 r’ngiet. Tine title, if it can be termed cording to time usage of the countc-~y. 1784’. one, is founded on a trespass, from Persons obtaincing wan-c-ants conc-id not which thee plaintiff cc-cc-c derive no bene- hay them one improved lacmds ; they were fit, either icc- law on- equity. Besides, considered ens wappc-~opriatecl.” more lands are claimed by the plaintiff Old improvements ic-ave been Sancti- than what he h-as actually improved fied by the adjudications of courts of and. settled on, and the ejectneent is justice. At ImTorthampto,n, at March term, bc--ought in consequence of steele claim. 1769, in Hoover’s lessee v. Slmreea’cr, the Can he pecover the adjacent wood land plaintiff recovered under a mere im- tender his claim? And how shall his provement, though the doctrine now claim be restrc-einsed ‘w’nthein proper contendedfor was thren warcrelypressed. botnncTh? The defendant’s -toumesel An improvement was establisleed, and therefore moved for a nonc-stnit, c-nd cited took place of a patent, inc Myers’ lessee I Burr, 119. Plaintiff in ejectment n’. .Eeffinnficngen’, at .WieiP,-jc-z~,atLanncac-ter, must have both thee m-igiet of possession, in Nc-c-vcmber, 1768; aned at .Wi~iPrints, and tile right of property,. Buller 108. at 2in-k, May, 1772, in an ejeetment If defècndant pc-ave the title out of tire bn’ougiet by G~eorgeSprcnkel v George 1e~serof the plaintiff; it is sufficient Stevenc-son, an iIc-mprovement -was givene let far hIm, evidence one the part of thee plaintiff, Fort the plaintiff, it was said, that though made within the reputed bounds this province, and pmcrticuman’ly the nron’e of Spc-’ingetsbc-ery neanoc-’; anti this, too, i-emote counties, owe their present ag-nc-inst a patent, accompanied with a fiourisic-ing state to time doctrine of inn- lotmg possession. 1~umbei-iessare the provements. Tine omiginal proprieton’, cnses wherein tins doeti-icce has pre- Mr. Penn, gave gec-mec-al invitations, vailed in the different courts of Coni- tlrrougleoun- Europe, for adventurers to mon Pleas, come in, and settle on Iris lands. Aced An ejeetment is a possessory actionT the proprietary officers leave uc-eifornsly am-nd it is settled,that one leaving a right encoue-aged improvements since tine of possession may recover in sudc- ac- settlement of tire province; c-nd have tion, tlmough the1 title may appear in a constantly given the pc--e-emption ofim- thein’d person. laughc-an 239. Cr0. Ella. proved lands to the first settlers, or to 322, 438. Cr0, Jac. 437, Cn’o. Car. 58. 1 those wino ~1c-dnniedtrnnder them. Thee Wils. 72. 272. 2 Wj1~.238-9. They also peo~te, tlcet-éfore, ~just1y considered cited 4 Rep. 26, a, b. Lessee of copy- tIns pn’eference as due to impron-ers, holder fcc-’ a year may maintain an eject. ac-ed time conduct of the propn’ietors menet agc-icc-st a stranger, tender the establislecs tire custom as the law of custom. Cro. Car. 169. Lands may be time hand, TIc-e rigid rules of law wimich appen-taining to a messuage. leave obtained. inc England respectieeg By time Gourt. Tlc-ere is cc-jut proprie. i-cal pioperty, cannot be applicable, in taCit, and a)ue poeaes-eionic-. One having every particular, to tine oirctcmstances thee latter rig-let, may, in some icestances, of tic-is province. Sc-c-elm principles would recover in ejeotment, though be has be similar to tleose of time unskilful not thee legal title, as In time case of a pleysician, wleo prescribed thee same me- dissoisor befon-e a descent cast. Did the diciises to different disorders aced con- dispute concern impe’oved hands only, stitutions. Should we judge by the die piaic-ntiff simould recoven- time posses. rteles of thee English constitution, tIne aion For improvers of lands Pun-- titles of many very valuable tracts chased of the Indians in 1736 c-med 1754-, would, be destn’oyed for want of natu- under circumstances similar to the pre- 1~ahizationein thee original ge’antees, ‘.rc-any secc-t, leec-vo tine most equitable claim to whom were foreigners. It is agreed c-c- confim-mation of tlme’nr tithes~ The en- thmere is a -wide diflerenece betweene mm- couragement given by the pn-oprietors pn-ovements made since time Inc-diarn pun-- n~ncltheir officers toimprovements, have chases made in 1736, need 1754, aced clearly expcessed tlceir assent to tiec that icc- 1768. In thee laneds granted by ustege, and is such a sanction as amounts the hatten’, it is acknowledged on all to an implied contract on thee part of brands, that improvements give c-cot tic-e time proprieton’s, tic-at they wiii granet the- shadow of title. Tine advej-t’esecsrent islands to ~ucie ~ on thee usual and’ sued from the Lan-nd-Office, c-nd the eocnmon terms. Were tIne proprietors opening that office shortly aftee- for thee to refuse tine terms so offered to them benefit of appliers, must clearly take by an impe’oven’, cic-ancery would decree away any pretence of improvennenc-ts a specific performance against them. It foc-nc-edinig’ a title to lands botnglc-t in 1768, is ccrtaic-c, however, tieat a c--ight to im- But tine case is different witie tine oticer proved laneds cviii ic-at carry an indefi- puc’cimases. Time Land-Office favoured nite claim to adjacent, unimproved’ improvers of’ these lands, and gave a lands. Tire gn’and difficulty mere, will sin-cit cpn~etrtto settlements made c-c- he, admitting the improvement offered ~‘74,. to tire jeery on the pat’t ~f the plaintifF, years, until he was driven eft’ by the sew. to found an equitable title to thee im- ages. proved iacnds, whether timat title should Karr sold his improvement to on~, c-Iso prevail as to unimproved cnrcumja- C1,w’/ea l3urkhaon, who again sold to cent land, necessary to accommodate Pollock, one of the 4efendamets; Bum-k is the improvement, and tobe ascertained the tenant of Poilock~ It was offered to by a jenry; on’ wicethrer such woodland’ prove c-he c,onsentahle line shewn by the should be determined by time proprie- two on-iginai settlers, by several witnesses, tary officers, and be solelyjudged ofby c-nd to establish that .Pollock knew of th~s them? boundary when he purchased, and that hç Though tine granting lands to nm- was forewarned not to go over ~t. provers be higiely agreeable to the Exc~ptionwas taken to this testimony. principles of reason, and natural jmns- Theplainetiff must recover according to tice, yet, sirieto jc-ire, such improved his title at the time of the demisejaid in lands, until an office right is obtained, thee declaration, which is on the 26~ofOc- may be considered as vacant. Tine tober, 1780. If his title then was c-not ten’m” appropriated” ire wan-n-c-nets, does good, it sic-all not defeat time equitable ti- not relate to impi-oved lands, but rather tle of defendant, by improvement, aided seems to refer to lands surveyed foe’ the bya warrantdated 20th of January, 1785, use of tine proprietors~ The distinction and a survey made on the 17th of Febreeary between improvements made since the following, before tine commencement of three Indian purcinases, Inc-s been weLl the suit. tic-keen by theplaintiffs’ counsel. Tohands Whatever effect subsequent laws may granted under the first two purchases, be supiiossed to have on thee doctrnnee of thee bonefide improver ieas an equitable improvements, the cannot affect the pm-c. sent question, which7 must be judged of title. Under the latter, an improve- by the existing law of 1781, (cheap. 929) ment cane give no prefen-ence, or shadow It is also remarkable, that time act of SOc-li of tiUc. Ifan improver of Iaeds in Eng-- of December, 1786, (cheap, 1248,) recites, ‘and, when entered on by another, can- that settlers were not secured in timeir pc--c. not c’ecover the possession from tine emption rights, by the law of 1st of April, -wrorng.doec--, the title being in a third 1784, and affords tic-cnn a temporary ad. - person; yet ice this province sucie a vanitage, which has since been sontinueal one surely may, aced ougint to leave reby subsequent acts. If under any pm-c. lief from the pecnehiar circumstances vious law, or established custom, the ti- and settlement of the country. In tic-is tles of improvers had been fixed and as- ease time possessione of time plaintiff certained, there could have been no neces- should be the sole object of the jury. sity for passing nhic- act. Verdict for plaintiff-_and thee court or- It was answec-~dby the plaintiff, that dered that hns counsel should have li- though he conceded he could m-eeover only berty to move tIme court at tIme day ire according to hiS right at the time of the bank, to give evidence (if they think feigned lease; yet chif~rentacts of c-ire le- it regular an-nd propec-) of the practice gislature, expressivenil their sense of im- of thee country and Land-Office, with provements, had sh~wnin what light real respect to time quantum, or proportion of settlements should be viewed, ac-ed wee-c adjacent unimproved lands, properly declaratory of former established usage~. claimable, or grantable under improve- It was not meant to carry the improvement ment rights. doctric-ies to time wild extrec-mees to which The doctrine of improvements was they were brought shortly befoxe the Re- most fully considered as well by time volution; but that a bocc-a jide innprove. coc-ce’t, as time counsel, at Ni~i,Z’n’lue, at ment, made eec-ic-no residendi, pursued in Waalei?c-gton, May, 1795, in Hovxe;’d’s les- all its stages, and never abandoned, had see v. Polioci- an-nd Bc-irk, before ihI’Kem’.n, certain benefits annexed to it from the uni- C, I- and Teatee-, J, (MSS. Reports.) form practice of the Land-Office, need of Meethe%u ~arr made a small improve. counts of justice, was now the generally mennt on a piannation in 1768, by deaden- received opinion of the westerim country; ing a few treçs, and making some brush and it was apprehended, these advantages heaps. In tine succeeding year, 7oneplc- were satectitied by divers la-wa of t1e Procpr came c-np, and settled near him. state, Sonic djfferen~e~arose between tic-em; Tire state of V1-gitc-ia recognised by a bc-ct at lenegth they muttnemhly fixed on a iinç municipal regulation of May 3d, 1779, between themselves, and agreed that it actual settlers, “who had nec-dc a cr0? of should be metrIc-ed. Tic-is was accordingly corn, or resided on the lands for one year done, and Proctor built a snug cc-bin, clear- before January 1st, 1778,” as freeholders ed ncxacresof land,I’c-ved then-cone two years, of that commonwealth, and entitled to time and ranted grain dnc-m-’mng that period. ~e farms they occu~ned,not exceeding 400 theme sold his improvement to the lessor .1 acres, An manic-mr advantage would be the plaintiff for /~J.30, who possessed had against the Peec-naylvatmia settlers,,par- himself ~hereoJ~aced i-jvcd thereon three ticulaTly tleo~enear the d’espc-cc-ed teFetQ~e$, “‘5 a- - unless as’mmilar doctrine was crc-tended to impmvement, are there}~’made taxa- 1782. them also. The public advertisement, on ble.—Act for emitting- £- 500,000, in opening the Land-Office Sir the new pun-- bills of credit, passed 7th of Aprii,~ chase, on the 3d of April, 1769, com. 1781, (chap. 928,) wheich enacts, in sect. snonly called the preamble to the lottery, 7, tic-at, togetiner with the guarantee explicitly declares, that “Those wino of tic-c state, so mnr~ieas shall be sulli-. lead settled plantations, shouldhave a pre- dent of the arrears due for land, grant- ference,” ed, or claimed by virtue of warrants, The act of lit of April, 1784, opening locations, surveys, or any st/ncr title, tleat~ the Land-Office, states, in sect. 1, the mgimt be deemed good and valid, ac- equah justice due to ailpersone holding lands, cording to the law, custoni, or usage in that they should have equal opportunities force under time late government, shall of completing their titles; and in sect. 3. be pledged as a fund out of wic’nch tine directs that each applicant shall produce a. said bills of credit sic-all be redeemed, certificate, specifying whether the landi &c.—Act passed 5th of Apt-il, 1782, are improved, or not, that interest may be (chap, 953,) ic-estituting a Board of Pro- charged accordingly. perty, to hear or tietermic-me in all cases The funding law of the 16th of Marche, of controversy touclning esclceats, &c. 1785, (chap. 1126,) directs that im- rig/its of pre-emption, promise:, Imperfect provec-nents sic-all be subject to taxation, titles, or oticerwise, which may arise ic-c- amid thereby recognizes those claims, the Land-Office.—Act passed 12th of The limitation act of 26th of March, March, 1783,sect. 6, (chap 996~)—Act 1785, (chap. j134~,)declares, that no pen-. passed 22dof April, 1794, (clnap. 1755,) sons claiming lands in consequence of any sect. 2, directing that c-no wmc-rracnts shalt prior settlement, improvement or occupa- issue after 15th of June, 1794, for time tion, wc-’tbout other title, alec-Il recover tIme lands therein mentioc-ned, except in f’s. same, unless they have had the peaceable voter of persons claiming under some possession thereof within seven years be- settlemecrt andimprovement.—Act pas- lore actionbrought; with aproviso, in favour of persons driven from their possessed 22d September, 1~4,(chap. 1773,) sions by the savages, &c. Now it is ev’i- sect. 1, declaring, that after passing of dent, that here is a necessary implication tine law, no applications shall be re- from the words of the law, that an eject- ec-ived in time Land-Office, for anylands, xnent may be maintained under a prior except sc-cob, winereon a settlement has settlement, improvement, or occupatiOec-, been, ox’ thereafter small be made, g’neemia ‘where there has been a possession within raised, and a person or persons resid- seven years next before the commence- c-meg thereon. lreermt of the suit, by the party, iris ances- In thee Lessee ofS-mit/n v. Brown, Fay. tors, or predecessors. ette, May, 1795, formerly cited, on tine As to the argument drawn from thee point of the note respecting Virginia penning of the preamble of thee act of30th certificates of settlement, M’Kean, C. of December, 1786, it may be obviated, J. ice mis elmarge to tbe jury, on time mm. by considering tleat it arose from the -abun- provement point of time case, observed, dant caution of thee legislature, and from that “ To give an improvemec-nt acey equi- some former decisions at law. ty whatever, it must not leave thee small- By the Court. Cases of improvements est cast of acm abandonment.—So wild depenrd on a great variety of circumstan- and extravagant have been time notions of many people about innpn-ovements ces, altof which must be taken into con- 5 ec-deration by a jury. Time practice of the that it is not easy to define them. Ire late proprietary Land-Office, and divers the lanegmnage of time act of 30th of Dc- laws sc-nec the Revolution have annexed ceenber, 1786, (chap. 1248,) it is un- to them certain claims; so timat they may derstood to be “an actual personal, re- be now classed among tine imperfect rights sident settlement, with c-c- manifest nc-c. to lands. It isa matc-er of fair arguneent, tention of xnakic-rg it a place of abode, when the testimony isgiven, what will be and thee means of supporting a famihy, its operatnon. We will therefore hear thee and continued fl-one time to time, unless evidence. It is a neon-c favourable case interrupted by the enenny, on’ by gonng’ than improvements gemreraiiy cc-re, there be- innto the militaey servicC of this country ing ac-c- agreed line between tire parties, if during tire c-var.” the piac-nntiff should bring home theknow- The cicief justice then proceeded to ledge of that fact to Follock, before lee give an account of time origin of improve- pum-chnc-5ed. The jury found a verdict for macents, c-ned the state of the tic-ned-Office the planntiff; and established the agreed at a particular pei’iod, from whiclc tlce marked boundary. editor ic-as in some degree dissented, Bestdes time laws cited, see tine act upon an investigation of’ certain facts, for raising 5,700,000 dollars, passed 10th already exhibited.—But thee reader will of October, 1779, (chap 855,) wheich be able to form his one-nm judgment, upon declares, ic-n sect. 11, tinat lsnds held by a full view of time ~vlmo1~uubjeat~and I 76

- ~1~

I 784. of the difibr~entsentiments which have, conveyamnces. It being afterwards die- ~ fl-one time to time, been expressed recovered, that tice survey inciended, pa- specting it. tented lands, held unrder ac-n elder rigic-t, There are tinree kinds of riglets; (he a warrant of c-c-survey was obtained, adds,)jim:proprietati:,juspoaoes:ionI-s, and ulion wiricim a re.survey was made by fax vagunn, or, an imperfect right; settle- George Wood:, one the tieird of May, ments c-nay be ranked among the latter 1776, containing 586 acnes and 12~ species; it is ariglmtto a pre.emptionn. perclc-es, excluding the patented iarnds, William Penn, the fin-st proprietany, but including the defendant’s icouse ac-md died in Englanrc-l, in 1718, and imis son claim, wieich were also connprehenrded T/nmmzas continued ic-n Imis minority until within the hic-ces of the original survey. 173 L—Richard, mis other son, unmtil 1732. Time defenndants produced witnesses, In timis interval tieeir Land-Office was who swore, that in August, 1762, one shut up, so tim-at during that time, war- Robert Owing: made impe-ovemeents ott rants antI patents wene not regularly the ic-nec-I, by buiidicc-g a small cabin, granted by the commissionmers ofproper. clearing a field of near two acres, icc-- ty, for tn-ac-referring lands to dpplicants. closed with a brush fence, and planting To further tine settlement of the then corn thereon. In th~spm-’m~following, province, witlnin that period, tickets, tine settlers were driven oft by thee Icc-- signed by one of the commissioners of diana; Owing: left time place among time property, or by the secretary of time rest, and never retuc--ned. Land-Office, came intopractice. Hence In 1776, Robert Adam~r,jun. uc-c-iler- it wonc-Id seec-n sprung improvements. standing that Owing: lead relinquisiced. The old rule being once c-elaxed, all chaim, came tb the old impc-’oe-e- greater liberties were taken by tine Imeo- ment, and cleared a small spot for ple, amed emigrants froc-mn abroad oftec-e lc-emp seed, In tlee succeedineg year ice seated themselves on vacant iaemds with- raised another small cabin, and was tIc-crc out permission, and made valuable im- driven off by the Indians, Wicegarver provements. The usage of tine proprie- lived about tieree miles distant, acedtook tary Land.Office was favourable to timese possession, but not claiming unc-der Ow- settlemer.ts.—TIme interests of the pc--o- ing:. About 1783, lee applied to Adam: prietaries were promoted; and thee pre- to purcicase his improvement. emption of time bonds they occupied, was Thee plaintiffs’ counsel offered to genen-meiiy coc-rsiden’ed as belonging to prove, that Owiic-gx had entirely givec-z time settlers. ‘rice inhabitants of the up his claim, before the survey in 1765, frontier counties, in particular, availed but were stopped by the court, wlmo themselves of the usage, c-end. in many said there was already given full ac-ed instances went much further than was satisfacton’y evidence of an abandon- ever inntendctl by tine lords of the soih, ment. Owing:quitted his cabin in 1763, or their officers. He then referred to and never e’eturned, nor claimed time the acts mentioned inn the preceding land. Under a warrant like the pc-’e- case, part~cntIarlythe limitation act, sent, riot precisely descriptive of parti- wic-ich, he eaic-i, preseepposes, tic-at un- cular lands, and wimerm there was much der time received usage arecovery might vacant land in time forks of Dunning’s have been before legally Ic-ad under a creek, a fair bonafide settlement, made pc--mr settlement, improvement, on’ oc- before tire survey, c-ned continued from cupation, where there had been ac-n attime to time, unless interrupted by tine tenedannt possession witinin seven yeare enemy, wouhd be enetitled to time pn-efer. before tic-e sc-c-it brought. The former ence Here no less tlran 850 acres custom of granting time lac-eds to real were surveyed uc-eder a 400 acre war- innprovers, is clean-ly hereby recogc-mized. rant. Bat circumstanced as tine case “ Improvements must not Ic-ave tine is, thee plaintiff’s title must necessat-ily smallest castof’ ace abandonment.” Timus prevail. Verdict for thee plaintifi’,initante,-.5 in /nTeave’n lessee, v. Edward: ac-ed Wise- Ac-nd, in the case of Thou ma: Smun-gcomc- s ga,-ner,Ben/ford, June, 1799, before 2eatcx lessee v. Alexa,c-der Waugh, before time and Smith, justices. (MSS. Reports.) same judges, Daupheini counnty, October, Ejeetment for one messuage, six 1799. Ic-c- ejectment, for 46 acres of acres of meadow, twenty acres of an-a- ic-md, in Lower Parc-lang townrship, an ble land, and one Imundrecl and forty-six abanrdonment of an imi)t-ovement for 26 acres of wood larcd,ice Bedford county. year’s, the party living at no great dis- The plaintiff claimed under a wac-rant tance even if the limitation act created to games Ca/dwell for 400 acres ic-n time no legal bar, was adjudged to form an forks of Dunc-c-in~’screek, including ic-is insuperable obstacle to a recovery. Ic-c- improvement, c-n Cainberland county, England, a long possession without a 4ated 31st of May, 1763. A survey of deed, is preferable to an ancient deed 850 acres and allowance by Richard Tea, witimout possession, The rule holds 16th of May, 1765, and sundry mesne with much greater force ic-c- c-new CQUc-t-., t~ies,vtliete the community are peCu. improvefilelet, by lni~o*n acts in ob~ ~ iiarly intec--ested in time cultivation of time taic-ming- his warrant ______soil, and manual labour so much en- ‘hems, ‘en time Lessee ofRichard C’arrol Imances tire value of real property. Such v. Robert 4ndrew.t, ‘Wasleincgton, Octo- are time gronmnds of poliey in the law, ber, 1800, before leatex and Smith, jus~ and suCie have been the uniform deci- tices, (MSS. Reports,) in ejectnnent sions of courts of justice, to prevent Ii- fur one tnessnnage aced 150 acres of hand, tigation one slight pretensions, and give on time waters of Ten Mile creek. security to ic-ended titles. MSS. Reports. It was admitted, tiec-mt the lessor of’ And, by M’ICean. C. j. If one inpos- the plaintiff, and Samuel Farklmcoxc, cc-r. aession Icc-s cc- legal title, and sells to a der wieom tIre clefened-anct claimed, on- purclraser, bonafide, and -wltieout notice, ~‘mnaliyleeld time hands ic-c question b~ an eqnnitabie title by improvennemnt sic-all sanprovement e’igiets. not affect leintm; c-c-or ic-edeed ought it to The faets turned out ic-n evidence as go to thee jmnr,v in evidenroe. (8ee Pall), follow. Ca. 187, 258, 260. 2 Freem. 43. 3 StçbhCfl Carte,’ settled on thee lacnds ‘net Clean. Ca. 123. 2 B~tc-ckst.Corn. 3~9, 1785, built a mouse and barn, planted a ~337.) C/terry’s lessee v. Robinc-ro,c-, .13’ay- Heneuc--sery,took outanda warrant,cleared aboentanti obtained30 acres.a ette, May, 1795. (MS S. Reports.) sut’vey of 4001 acres and allowance in In the lessee of Hug/n ifeilly v. )3enja- 1787, by 7 /iaddeu: .Dodc4 c-tm assistant ~mminM’c’orneick, Atheglceny, May, 1799, surveyor under David .Eeclditk, esq. beforeThate: and Smith, justices, (MSS. Two years after, ice removed to tied Reports.) Ic-n ejectment for Ic-ntis, Oil Jhfiaini, ieltving imis fae’ntn under the a mere sc-nprovement right, a witceesS care of Smurnudi Park/c-c-mit, to be sold oc~ proved that the lessor of thee plaintiff Cented Farkhur:e, as Icis agent, on tied head a small nursery, anti trees deaden- 25th of h~ovember,1700, conveyed to ed on the land, about 22 years before tine defendant 400 acc’es and ahlowacmcé, tine bringing of this suit. as surveyed under C’aI-thr~:warrant, in Time defend-ac-nt’s counsel olc-jccted, consideration of~~’.140.Time defendant that tiee action cannot be maiinta’c-ned on afterwards, on thee suggestion of ,bankl the prior settlement ri~lct, without JmCll’at.jand procured Cngrter’a warrant other tithe, unhess tine plac-nc-tiff his an- to-be m-eturned c-mnsati:fled~and - on time ceetors, or pc--edecessors, heave had tine l8thnofDecencnbec-’,1794, obtaineda new quiet and peaceable possession, within warrant for 400 acres on tine ic-tad wa~ sevene years ncext before bm’itngillg the ters of Ten Mile ce’eek, adjoining the action, under thee limitation act of the lands of Richard ~‘arrol ac-ed Lawrence 2&h of March, 1785, sect. ~• craft, at 50 slnillings per Imundred acres, The counsel for tine plaicetiff’ ansWers upoc-i Wleiclm 406 acm-es acid alhowanmc~ ed, thenct an inquisitionc of forcible eantc-y, were ~unveyed by go/zn iloge, one time 9th ac-ed detainer lead been found many of Jan’y, 1796. years ago against time defendant, ~ l’revious to time last warratet the 1en~’ Wan-/c-ingtoo coumnty, and head been rcenov- sor of time plaintiff made a settlement1 ed to time supreme courts vrhen’e it ye- and improvement on tine lands in quesA mec-ined untried, and that consequec-etly lion. the possession of thee defendanc-t must be The court said, that tinny had been deemed tortjous; and moreover, tleis led intO the evidenre of time imlie-ove~ was a case oni time fronc-tiers, where time cc-rents made by Carter, by tine opening inhabitants had been driven off by the counsel; but had. time fmmdts been fmmhi~ savages, stated, timey a~ou1dc-lot have pem-mitted Bc-ct, by the Court, Wley have ~‘ounot sec-elm evidence tohnc-ve been given under gone on with your indictment, and ob- time circtnneestances of timis case. tainmed possession thereon If you Ic-ave The conduct o1~time defendant Was a been forced. from the lands by Icedians, fraud on evec’y citizen of the State; in~ or others, you might leave brougimt your s~igatedby c-via-ice, and tine low cutn-. ejecteuent before the 26th of March, fling of M’~arla,ul,he has abandoned 1700. TIme case is clearly witleine the his elder c-nd better; title, under C’drter’e limitation act, Tine couits riot being wae-I-anmt, c-nd lee must now be concinnded open ic-as been leeld no answer’ to it, I by his r~arrarntof 1794, c-s for unimpm-ov. Lev. ~1. 2 Salk. 420, 1 l~eb.157.) ed lands. Though evidence ic-as been When the time once begins, it runs received of valuable irimpi-ovements over all mesc-ee acts, such as coverture madc by ~‘arter,it catmnot avail the de- c-nd infancy, (1 Stn-a. 556. Plowd, 355. fendanmt, who, by his oWn vnluntai-y c-c-ct, 4 Term Rep. 306, 310,311, 312.) Plain- h-as defeated his damn thereto. tiffnoneauit. ‘the defendant’s ~oticc-seltic-en i-eiied An improver may c-l~~abandon hi~ on the bill of side fc-’oiniPa,’khc,rst, oftbe ITOL.IL Z 1 1 ~

1784. r~mautright mec-~dsurvey of fJarter; and. Tire defendants rqclmeL that ~ee~ offered to sleew by parol evidence, a mi~hntsieeiten- tleemselves under a settle- L~purcic-ase from .Pa,-khurrt ofthe ‘improvement, prior to the period of interest comr sc-tent right. - mencing as expressed in their warrant, al-. But, by the court, How came you‘entitle though a plaintiff out of possession wa,s yotnrself under a warrant, whicie you bound timereby, ac-cd could not do c-cc-. heave obtaineed a return of as nc-c-ratio_fled7 By the Court. There den be no just Can you relinquish your interest under ground of distinction between the two it, and yet ret aic-e your n’ight against time cases. When either the plaintiff or defen- commonwealtic-, whom you b-ave at- dant attempt to defraud the common-~ tempted to defraud? One may lose an wealth, by nc-nt charging themselves with Imonmest debt by playineg a trick to come time full interest from c-heir resjective pe- at it; as by c-tiding a seal to a note, riods of improvement, it must at least op~ wIc’ech was sufficienrt witimout it. (2 erate as an abandonneenet of their claim ~“ern. 162.) You have produced a writ- for sucle intermediate time as they heave tpn conveyance from the agent of Cae-ter, dropped; and *e shall hold them bound and are precluded fl-nm shewing time thereby. Both instances necest rest on the transfer by oral testimony.—Verdict for same uniform primiciphe. If, indeed, time ~leeplaintifl~ defendant does not shew lmis warrant or The sc-nile principle is recognized in application in evidence, -and it is not pro- Mercimants’ lesree V. Millison, before duced by the adverse party, the defendant cited, And inn the Lessee of~o1ec-nNichollc- may rest ott his possessisen, -and prove his c. Wi/Zinc-n. Laferty, Allegic-ec-ny, Novem- settlement from its first commencement. ber, 1801, before the same judges, Circumstancedas this case is, thee objec- (MSS, Reports.) Tlee defendant claim- tic-in must be sustained; and so bave~been eç3 under a warrant to William Harvey. our decisions. dated 27th of July, 1785, including an The evidence having- been gone through, i~tnprovememntmade by William M’Mur. itappeared that the lessor of the phainti’ff c-ay, interest to commence from 1st of had been guilty of gross lachea, and A~am-ch,1780. the charge bein~decmdediy for defendant, - The defeerdant’s counsel proposed to tire plaintiff sc-c-flared a econsuit. examine witnesses as to tlme’improve- Anti ment’roning an improvement in an menets made by .iuf’Ttfurray antecedenrt to application is niere matter of description, tine 1st of Marcim, 1780, on time hands in if the party do ccot state wleeet it began; question. - and he abandons iris equity of ic-improve- But, by tine Court, This point he-as been ment, by not paying back interest from sp often decided, and even in some the time of its commencement, and evi- cases apparently heard, tie-at we cannot dence of time improvement must be overrnhl- pee-mit it at tic-is time to be debated, ad. So ieehd by Teatea, J, circuit coc-crt, Time warrant-hmolder lees precluded hum— Bec~ord.October, 1807, in Coxe’s lessee, self from dem-iving leis equitable title of’ v. Ewing, ac-nd others, (MSS. Reports.) i,mprovement beyond time day called for Aithougir it was warmly contended by Inc iris warrant, ‘rice decision wilt con- defends nt’s couc-e~ei,that the applica- dc-c-ce to good morahs, and sen’ve as nc-n tions of 1766 were cmot witimin the c-nile, athtitioninl proof of the old adage, tleat and tie-el back interest was never calcu~ honesty is the best policy; and we will hated aim applications; acid that itwotdd not deviate from it. - be Ic-igimly unjust, tic-at one should suffer So, Inn the lessee of Gotliep Ecigart, ice imis claim to lands by reason of leis a~ec1 Conrad Haverstock, aced Chriotiana conformity to tine regulations of tine pro-. ,~anc-uel,before thee same judges, at Bed- pn-ietary officers, over whom lee lead no ford, lIovember, 1803, (MSS. Reports,) control. Tire court said, that thee regu- Tine piaintnff claimed tender an apphica- lations of tine Land-Office in 1766 seec-em ~ipnentered November 17th, 1766, and a to ic-ave blended. thee propnietc-mc’y inte- snnrvey thereon made 10th of April, 1790. rests, witle ticose of tine poorer class - Thee defendants claimed under a warrant of thee community, who might not ic-ave dated 26 November, 1774, whereon inte- seady cc-sit to advance for the purpose iest was to commence fronn the 1st of of takimrg out warrants, but whmo, by the ~sIarch, 1767, a survey made thereon, 27th addition of Ic-bout’ to time value of the of t~ecembet,1785, c-nd a patent dated soil, would give a permanent secenc-’ity Aprc-i 13th, 1786. foe’ tine payment of thee consicleratio~i The defendannt’s counsel offeredto sicew molmey. Time new institution, however, a settlement mail’e on c-Ice lands inn question cannnot be regarded a~a variation of time ~n 1761; Ic-nd continued since that time, rights of’ tine propnietam’ies, on- the dc-n. • - It ~as objected tic-at he could go no fur- ties ofindivic-luahc-n, Wam-ranc-tn, have been tImer back tIc-arf1767, when thee ilm~eresc-ac-c takecm nc-mt for ic-npnoveneents after 1766, ]mio gatrm~eetcornmenc~s. wi~icic-fu1lyevineQetlmemodeofprocedure,. ~hen improvements previous tlmere- Time office opened, genmOe~ai~3,one tlm~ 1784. to, were inc-tended to be secured. The was-C side, on the same pian, August 1st, old conmsideration and quit rents are spe- 1766. Time Lac-rd-Offcce, tirerefore, un- cified timerein, as tine terms on winich questionably lead it in view, to detect such war-rannts ic-sc-ned. It follows, that franc-dr in tine two casese 1st, where, in sc-c-ch improvements canc-nnot be adduced e:arrantr, time time oftine commencement-. to establish a title to time lands anterior of tire improvemennt was not tm-uly stated; to such application. and, 26, wimem’e tine application cahic~i On tine foregoinng case, it is to be ob- for no ineprovemenet, or, no certificate sem’ved, that the ground taken by time was produced where c-c-n improvec-nee~t counsel foe, defec-edant, was entirelymis- was part of the description. Apphica. taken. By a reference to time proceed. tions, therefore, to cover hands antece- ic-egs inetc-odc-c-ctory to the opening of the dently improved, mere fc-’aic-do upon the office on time new plan, in 1765, particu-. Land-Office. And. if the survey was larly tiee advertisement of 17th ofJune, returned witleout a reference to such 1765, it will appear-, that every person improvements; thee fratnd was two-fold, desie,ous to settle ac-ny vacant hued pc-mm’- As-md tine principle -applied. to all other’ chased of tine medians, and not apjmro. cases, must apply in its fc-ehiest force, to priated to time prcnprietnries’ use, were time applications of 1765 and 1766 and to apply to time sece’etm’y, rico, ic-estead later, jim time old purcicases. — of gc-’ac-etinng a warrant, Wic-5 to enter time Yet where tine survey, one a prior ic-c-~ pereoc-i’s c-c-annc, witim time date of his ap. de.scriptive warrant, covered thee whole phicatiorn, anti time description, or location of thee defendant’s claim, as ‘c-veil dec-nt of thee lamed, Aimd tirey were to attend c-ylmjclc- lead been actually improved and the depuc-y.sur’veyor, at a time to be ap- settled previous to sc-c-dc survey, as tire poincted, to s-how leim thee hanoi, and have adjoineing woodland, which was an act t surveyed; ac-md to pay interestfc-’ono neven’ sanctioned by the Land-Office; risc snout/jo after thee date of tire apphica. in tIme same case, the improvements, tionr—Every idea of improved land is antecedent to tire defeicdant’s applica- lcee’e exclc-mded. tion, were so far admitted, as to sinew - But, all persons poc-ocac-ing, On’ claimic-c-g time invalidity of the plaintiff’s sc-mn’vey.— lands, on account of any settlements, or ~uchi survey, the Judge added, if it in- improvements, whetimer on time east or cluded tIre real bonafide settlements of cs-cot side of Sec-squehmaic-na, were to make third pen-sons, would not ic-ave received applicatione, and to bring wc-tic tinenn an- the sanctione of time Lac-c-d-Office, or of tic-cc-nc-it cart~ficotes,of the nature of tic-dr the country, from their uniform usages. ic-nprovenc-ents, and time time wic-en ticeir May not sc-c-ole evidence bc-c admitted, to .qetm’lcnne,nto ftc-ut began. So, altimotcgh c-leer, tie-at thee plaint’c-ft’s survey could time office was closed on time west ~jd~to not legally take effect 1 It is true, that c-ny ic-pphicatioc-c for unimproved lands, for by going into this testinnony, time de~ once year, it was opeec- to applications fec-edacets will der’tve a decree of benefit for improved hands. - fc-’om inmprovemenents, the equity of wimich And, on tIne 1st of Augc-est, 1765, it timey seem to ic-ave abandoned. But eras resolved, tic-at tine secretary give this appears inevitable, aced flows as a warrants- to such persons ac-c- icc-re bc-tilt necessac-y consequence from thee investi- on, and resided on time ic-nd ticey apply gation of time validity of th~sen-vey made foe’, and Ic-ave ajc-c-st claim to, as an i-ne- for the plaintiff. The point was, lmo~r~ provec-ne;c-t, bringing a certificate from a ever, reserved attine plaintiff’s instance; nmeighbouring nmagistrate, or otimer ontio- but it (hoes not eppear to have beent factory proof of tire natc-c-rc 01’ tine jm- agaic-n stirred. But if time point slmotmkl Imrovemec-c-t, anti first oc-ttliec-&’ thereof; arise in other cases, thee reeonsidernt- ¶0/c-cc-c- time ic-tterest ac-cc-i qc-nit.e’ec-et is to time of it would not be pc--echuded; ‘but commence. But ii’ c-no such pc-’oof was it rotc-id be still open for a moresoiemflnm made, it was to be ec-etec--ed as an app/i- decision. - • -• cc-c-time,’ tire deputy war to report on tine in .Z~icInoll’rv. Ho/tic-lay, before cc-ted, retc-c-r,c- of’ su1rvey, ac-nd tic-en warrant to is- it was hmehd, tie-at an-early settlement, sue, ff approved by time govec--nc-mr. accompanied withm a subsequent warrant Ac-cd, one time theird ofOctober, 1765, and survey, is pi’eferable to a prior ware thee deputy-surveyors wec--e pac-ticc-c-lar(y rant ac-id survey. enjoic-ned eitiner in applicationc-o for Ic-c-nd as Time plaintiff settled on the hand iu~ sc-c-ic-nproved, Or on Warrantsfor improve- 1774, aced built on, nc-nd improved it, and c-c-ie,nts-, snince tine opennieg c-mi’ c-he office ac-n conc-staotly resided ic-~-a cabin very nea~ thc-e new placr, to report whir the return tine Ic-c-cd in dispute, except when the of survey, wleere they funned ac-ny imic-ilmabitanc-tS were dc’iven off by time In- provements onc- time land, i~c-edfully to indians. A cocesec-ntable line was esta- lhi’m themselves, and, report wleen steele bhisleed bet’~veenthis place and a tract settlement ;c-c-md imeepc-’ovemenn- ftrc-t began. v.-lmer~gnwee Will~cs’mM’Mac-c-jc-nj~’hiv~l~’ 90

~1P-84~ -wleose house was c-bout inaif cc- mile on a later descriptIve wai’rant, granted j’rom the acknowledged boundary. to conrad Sltarpe, on the 26th of Octo. Nichoil’s on tine 22d of Macdc, 1798, bet-, 1774, and a survey thereon made took oCt a Wam’~antfor 38~ acres, in- fitim of Nov. 1774, bet the time of its re- cluding Imis inpprovement, &c. interest turn did not appear. to commence from the first of Marclh, The defendants sleewed in evidence, ~774, ac-nd obtained a survey tleereoc-e of without opposition, that Shoe-pc came 580 acres and 48 perches, on time 6th of upon thee lands in October, 1775, cleary September, 1799, whereof 108 acres ed three or four roods square, fell some were ciaime4 by Williasoa Harvey, wlenph trees, planted a few appie seeds, and Included the lands in dnspuc-e, but no raised part of a cabin four logs lmigh. ene had lived hereon until 1785. They tic-en offered to prove the extent The defendant claimed uoder a wac’- of time improvements nc-ads on the Isic-da I-ant to William .~au-vay,dated 27tlm of since October, 1775, up to time time of ~uly, 1785, inccluding an improvemenc-t bringing thee ejectneent, in 1800, whIch made by Willian~dVf’M~nrraj,intere~t was opposed, to comc-enence fe-am 1st of Marclm, 1780, Teaceo, J. I am constuc-ined to over- and a survey tires-eon of i08 acres, rule the testimony. - Improvements made on time S0tim ofJune, ~786. made on lands in d~sp’mte,aiicr an ad- 13y thc court. Bc-c-c- not enotc-ghi been verse eam-ly descriptive warrant lees is- aimewn, to evince that tine plndntiff icc-s sued, ac-nd cc- survey made thereuleon, the ec-rhiest atc-d best possessory right, rimkim has been returned into tire Sur- ~nd muit inecessam-ily recover? I-fe veyor.General’s office within 10 1.2 claims under a bona fide settlement eie- months altec--wards, can give no pm’e. yen yearn earlier than the defendant’s tenmce of’ equity againmst the distant own- -c-part’ant, uniformly pursued and conti- en-, and, can only serve to mislead thee ~eued~ wlrichm must embrace tire 108 jury. Verdict for time plaintiff. To the ~cres in dispute, and tothis he unites a same point see Callzoo:c- v. Dc-c-uc-tc-ing, 4 lithe ~y a warrant and sc-rrvey, paying Dc-diets, 121-2. jnterest to the cqmmqnwealthm fe,oni The doctrine of improvements will ~nlc-flrst improvement. be occasionally mec-ctinnc-ed, with refer- The jury gave a verdict for thø ~ain~ ence to certain acts of assembly, at the -~i~iic-s-tanftr. (MSS, Reports.) close of tieis note. It remains only to No actual settlembnt, subsequent to notice the printed c-ttmtlc-oritica on tlii~ an adverse sc-envoy, can confer a title; poic-et. or be received in evidence, J~ddy’les- .ih1’~’urdyv. Potts, 2 Dc-c-line, 98~ TlmI~ ~ee v. Faulkner, Allegheny, Novenrbei-,5 case iS of little, if ac-my, importanece; and ~ (145S. Reports) which will bp tic-e pr’mcipal point of ii. Icc-s been dif. mferred to move ~t !c-arge, in mc-otlmer ferenntiy decided, subseqec-en~lvc-by the part of this note. same judge, ic-c cc-c-sea already noticed. An innprovec-’ of iands tic-king out cmii - ,f3c-c-c-,/sa,nc-pm’s lessee v. ~lf’(’lc-mre,ad- application, ‘encludic-c-g his inihrovement, judged in July, 1808, depeic-deci one the ~sedobtaining a survey, is thereby con- lottery applications of 3d of Apn’ii, 1769. çhuded, ac-md cannot hold contiguous Tine Inhtinc-tiffic- number rues later tlec-ni landa under thee cc-cc-me improvemenmt that of time definneclant, but Ice endeavour’ riglet. Lessee of ~ohzc-Holmes v. TAq. ed eq aupport ic-is chic-ic-n to- preferønece, moo ICcoy, .lledford, November, ~803, beby a settlemeint made on time Ic-ned after jbre Teates need. $ic-tlth, justices, (~4SS, the pe.srclc-ase made of tic-n Indians in ~eports.) 1768, ac-cd Liefove time time of opening ~mproyements made oim hanoi, after c-in thee office, time 3d of April following. ~ac-1y,deocc-’iptive, c-dyer-se war-rant, c-nd The judge whmo tried time cec-nsec- ~ sc-ec-’v~yreturned, canc-not be receivécj in checmm-ged. tue jury tic-at this sec-tlemennt pvioleic-ce againat a d(n’tant owner. and ieelprovement5gave a prefee-unce to Thus, en c-he lessee ofFrederick Pigae the settler, even against ac-c application v. ?Tichojaf Nec-jill and rfcsnteo Graham, properly describing thm~lanc-d; nc-nd timat ~t a cnrctc-it cone-c, at Nos’thmunTheri~ijd~No. 2, accompanied with such settle. Oc;ober, 1805, before Teater, J- in elect. orient, wins ontrtiec}-tq a preference over ycnec-et for 330 apr~of land, in Bc-m~itlcm~ No. 1, and tic-e jury foc-c-end a verdict for townshmip. - time plainc-ti~’. Thee jc-4dge, on time mq- l’lne plaintiffclaimed under a descriptive wa~srant,in the name of Luds-c-i~’ tionn foe, a c-new trial, adhered to thmn~ f~arc,c-1er,dated 2Sthe of October, 177~ opinion, for e’easons given at isr’ge in and a survey made thereupon on the the report. The oic-iefjus~ice,and tWO .,7tc- of Aprel, 1775, which was retc-c-rn- other judges were ofc-i. different opiteiofl, ~c1 into tile SurveyorGeneraI’~office and time judgment of time pourt wscs 4e. one the l2thm of mdarçle, 1776. - 1 livered by time chief justice. Thp ~iefecr~i~nt’~étac-~eflsvec-t~4 The terms on which time office was -opened, wem-e stated at ic-r~e,(a~tb~y 181 are before given.) Time counsel for the transferred to the 0/c-jo and the coc-entry 1784. appehiee i~avemade two points. 1, betweete Pitt.c-burg ac-nd the great lakes, ~ TIeat tine settler was entitled to a pre- it became extremely convenient, ac-md ference by time law of thee land, of wlcich almost necessary, tlnat there should be thee proprietaries could not deprive him, a dec-in of inheabitants on time military 2, That he was entithed to a pi-efee’ence n~oadsleading from thee settled country by a faic-’ construction of time terms on to the ~estei-n waters. For tic-is pc-mr. - which the office was opened, 3d of pose tIre commanding officers of the April, j769. British forces imad been ic-c tine habit of Title by settlement has always been gm-anc-ting iicemnces to settle, and in ma— - favoured, and under proper restrictions ny instances persons aeated themselves it deserves favour; but it must not be without licences, but under an implied supported to thee destrc-mctionof-all other permission. Tlmeso people were coo- rigimts It cannot be denied, that the posed to great danger, anti many of late propr’c-etnc-ries, rico wee-c absolute tic-em were cc-nt off by the savages in owners oftine soil, lead a right to make their fc--eqc-c-ent inmcun~ionc-s. This kind of sales, ac-ed to grant rights, on what terncs ~etthement lead takenn place, clniefhy, bc-nt they pleased. If they ic-ad tic-ought not altogether, in time western pants ot’ proper to grant no kind ofright, but on thee State. It is to be remarked too, payment of’ tiee purchase money, nmeitlrer that mAany of thmose wleo bc-nd settled time legislature, nor time coc-nrts of jus- witieout licence, were entitled to fa- tice could have cqc-mtrohled tic-em. But voter, because threy ic-ad m-elinquisieed- as they lead been in the ic-c-bit of cc-i- tieeir settlements in conesequence of ace couraging poor settlers, who were in act of assembly passed in the spring of the beginc-eing unable to pay any money, thee year 1768, and a prociamatione is. tic-is pi’actice at lengtie grew beta c-right, sued by time governor in pursuance ot~ and what had origic-eated in benevo- it. It was ticoc-c-glmt reasonable tic-ore- i#c-ece, became time law of time Ic-c-ned. I fore, tim-at a preference should be given, speak now oftime lands sold by time pro- oin the opening of time Land.Office, to prietaries prior to thee year 1769. The ‘c- theose rime Ic-ad settied plantations, Ia~tpurchase made by them of thee In- especially tinose whco had settled by per~ dianes, was at Fort Sta,c-tuix, 4th of No- mission of thee commandic-rg officer-s to vember, ~768. In opec-cing tinein office tine westward.” for tine sale of theese lands, tleey deter- gad tine propn-ietary order stopped innic-red to give no preference to pen-sons Ic-em-c, tleere migiet have been some who settled between 4th of November, ground for ac-’gmc-ineg tic--at time words of ~768, and 3d of April, 1769. To ic-ave the order ic-nchc-ded all settlers, prior to given such preference, woul~in a great thee opening of thee office, lmowever dif- measure leave defeated tiee eqc-nitabhe ferent tleeir cases or merits mnigimt be. ~mmtentionof putthc-eg all persons cc-n an Bc-nt, to take away all doubt, time order equal footinc-g. Nor could there be proceeds to exclude certain settlers by ac-my jc-est cause of conriplaic-et against the negative expressions, viz. “Those who regulationc- adopted by time I and-OfiIce. - had settled, or made n-Ic-at tiney call Only a few moc-nthc-s intei-vec-ninc-g4 between iucprovemec-nts since the purcicase.” It tine purclcase, ac-nd time notice of the is contended tic-at timese negative words opeiec-ng of time office; and those months are to be restn-icted to ticose persons includiic-g time winter, wlmene improve- rico only made trifling improvements, menes cannot be carried on to a great w’ntimout icavineg settled plantations, But e;tent, it was improbable tim-at any one neither the expm-ession, nor the n~e:c-son could leave been induced to go to a con- of time timing, justifies timis resti-iction; sederable expense, un4er ac-n idea that the words ~‘ those wimo imad settled,” lee would obtain a preferec-rue by settle- inclc-c-de all kinds of settlement; ane~1time ~eenet. e,eason of time ordee’, as before exphainc-ed, But there -was a class of settlers of certainly demaneded tic-at no p~cferenc-ce ac-c-other description, whose case was sic-ouid be given to ac-my kined of settle- ~ntitied to a different coc-naidomation. nec-cot made after time puroimase. Times leads me to time ~~co,c-dpoint, time ~ lnave hitherto considered tinis matte~ true constrtnction of the ten-c-nc-s propoaed as if it were a new poinc-r. Beet tirat is far by tine Laceol-Ofilce, Aitienccghe it ic-ad from being tine case. It h-as been umeder~ always been thee policy of’ time propc--ic- stood ever since the opening of tIme office tic-ries ac-md time legislature to discourage in 1769, that those persons wheo settled settlement on lands not pc-nc--dec-c-ed of between 4c-in of November, 1768 and 3d time India;c-o, beceec-se it gave ollbnce to April, 1769, were entitled to no preference- tIme Inndianms, and miglc-t pm-educe war, Tine Board of Property determined so in yet when time seat of war between thee case of thee very hand now in dispute, Great Bc--ic-un eund. tlc-e colonc-ies, seed on tIre 26th of March, 1?70 Time sc-flee ~“rwc-ceac-c4 the Zuic-/iane ah,lie4 to her, was ~rinciphe was lrc-c-el down by dec-el .tustnce 1 ~

1784’. C/c-ecu, before the Revoiutioml, in C’ainpbell’s make the survey, that they might be open leec-nee v. Kidd, and by cheief justice M’- to tine view of every one who might be .Keanc-, c-ned cc-leer judges of tire supreme desirous of investigating the title. court since the Revolution, in 2’Zoeflp8olc-’8 As to the applications by the witness to lesree v. Reeler, and SL,eerer’s lessee v. time deputy-surveyor to make the survey, .lUcClvre; and it is admitted that this-has and wic-at passed thereome, it is proper cvi- been the uniform opinion and course of dec-ice; because it cc- an act done en pro. ciecis’eoen at Wisi Pric-c-~ Now, aic-hoc-igh tecution of’ tine tithe, aced tends to sinew, the point has ~ever been brought before that c-mo lachec, or neglect, c-s imputable to the court mt Bc-c-c-k; yet, wimen a principle the party who took oCt the warrant, but affecting titles to i-and has been supported that he makes the proper efforts to cones- for near forty years, by repeated decnsc-ones 1p1cc-c his tithe- Such evidence is constant- -at NIsh Prince, from wIcicie no appeal has Y received. Were it otherwise, it would - been made, it appears to be so incorpo. scarcely ever be possible to shew fraud or raced with the law at to renetler it danger- impruper cumec-Inet on the part of the depu~ ones to touch it. A~new trial was award- ty-surveyor In contests hike the present, ed. 1 Binney, 385. it is of great moment to estsbiisir that the IF tine plaintiff claims uneder an improve- party’s pretensions have been duly follow- meat right only, he cannot support c-in cc-I up wethouc- negc-igencc; that he has not ejectmcnr, unless he h-as been ic-c possession Ic-icc- cdly by, wImile surveys Ic-ave been made ‘within seven years before the suit was on the lands for other persons; and that bronc-glet. Etc-rd s, the lesser of .Dansdale, whese a survey adverse to Ic-is claims hat cc-c error, 2 Bnnney, 69. been made, he has filed his caveat in a reasonable time for Ic-ringing the c-flatter tç, Of Warrant:. a heriimg before the Board of Property. A warnant nec-c-st be judged of as it ap— And in c-he Lesse’ ofh’artram Ga/breath 4cears omc time face of it; and wimether it v. Philip Mac-c-c-, at cVo,-t~u,nbcr/a,me/,Oct. is sufficiently descriptive of, or locates 1797, before the samejudges, MSS. Re- lcreciscly the hands in question. can only Pants.) Onc- argtnmenc-t, the court ruled, be determined by testimony ascertaining that parol evidenree of party’s intentions in the local situation of tine grounds, and c-he eaten-cog c-nm appiicatnon for lands inn the c-eaturai ac-cd artificial boundaries aemd marks secretary’s ollite, cc-nc-not be received to eec-etc-med therda. And time intention of assist, or bolster up an indescriptive ioca- thee party is of no moment, unless it is re- tionn of c-he lamids ic-n controversy. Tine eflI- dc-c-ted to writing in the wart-ac-ct. But ca~yof an application must depend on th~e c-rich intention may be given in evidence wrc-tten words of it; this is tine only no- against the warrantee. tice the applier gives of his intecetions to Sc determined, at Hc-c-nc-inga’oic-, May, appropriate certain hac-c-ds, c-ned c,he ac-iverse 1793, before MKcan, C. 3. and lèates, party shall oniy be atlected thceoewith. Aim- 3, in the Lessee of ~. lvi. Ne,bit v. f/c-c-c-s, solute, precise certainty, howev~e,is not 5~’erranti Ra,c-kic-c-, (MSS. Reports.) to beexpected in time descriptions of hands Tine wic-c-ness was offered, to prove the tO be surveyed in c-c- new counte-y, It pc-c-mel declarations of the sectetary of the hits been often said, tbat thee)’ need on- Lamed—Office at the thimee of issuing the ly to be certain to a comenome intent. ‘warrant, the claim 01’ .RanL-in to the lands Yet the intentions of an applier fur in question, ac-ed his intentions in taking lands may be given in evidence against out tine warrant c- ann/c- also tiee applications ic-ic-n to defeat iris pretensions to tine oh- of thee witeness, as agent of .Rankin, c-c-ic- Ject iii dispute, by slmewic-ng tin-at he in- .Rkbard 2~a, the deputy-surveyor of the tended to locate otlcer bands. Because district to cause tine lacds to be surveyed, tire mischiefs and inconvenieimces at- aced what passed thereon. tending tine former case, do not exist The court expressed themselves as above bee-c. The rest of nianekind c-c-re c-cot pre- cc-meted. They said it svouhd be of tlme most ~udiccd, or injrnn-ed by sc-c-dc testimony; nn’cschievoc-ns consequences to the comncu’ it only affects the party rIco decicc-c--ec- irity to allow the two first species of cvi- hi~views ac-nd designcs cii tine conmtract, dec-ece to bc givecj neor under such a prac. to whrat particular spot he considered it tice would any once be safe in h’s title to c-c- refem-able. lancdc-. It would introdnc-ce every evil Ice the Lessee of tree/c-n v, hear c-tied which the act of assembly respecnincg Owen, at a circuit court, Nortlmttmbet’- frauds ac-cd perJc-c-ries, was intended to pre- land, October, 1805, before 2batec-, 3. vent. Tic-s declaratioos of the secretary Tine controversy was ‘chiefly e’espeet- of the Land-Office cc-nc-c-cot have any legaL beg the c-dative merit ci’ tine apph’nca- operation. If any particular agreement tions, whether ticey were descriptive ~f was made, or special indulgeneces intended time laneds in qtrestion, by hinne in behin..’ of c-lie applicant, theey Tbcedefendant’scotenaeloffee.edtoshew c-hoc-c-Id have been committed to writinc-g, that thee original nrc-c-er of thee applica~ or inserted inn the warrant, or in the writ. tion useder wleich Inc claimed who made ten directions to the dep,u~y-stc-nveyorto the ffiddovem’y, wue~, whie~lie wade UiC description timeucof, on a certain stream dence offered, mIlsl h6 pve~ruIed.- of water runc-cing thee-ought the hand in (h~SS.Reports.) question, ac-el ticat the c-c-là stream of Thee location of a warrant mustbe water was tic-en considered by hminn, anti collected from its own words commnpam-ed time people witle lcinn nc-s tire secoiidfork of with thee state of thee country at the inc-hung Creek, (wIc-ich the location called time; nc-net from the terms of.the Re- for;) ac-nd that theen, anti sitting upon a ceiver-General’s receipt, wimicie remains log’ on tlee hand, he made the description in time party’s custody, anti could c-cot thereof, wlc-ich was inserted in hic- ap- operate as notice of his preteosions te phicatioc-n; wIc-icle was opposed. otiner appliers for lac-nds, befoi-e a sue- By tics Coc-c-rt. Part of thee testimony vey is made. - Peters’s lessee cc-. Petter, offerect ha admissible, and part thereof Bedford, October, 1809. (MSS. Re. -is inadmissible. punts.) Time secetiments of the people as to A warrant describing ic-ads pat-then’. streams of water, and time names winere- lariy, bc-mt starinrg their situatione ic-i once by they were c-c-sc-c-ally called, at an ear- county where timey lie in annotimer, ic-bind- ly day, wlmenr thee conic-c-try was unex- ing on time commc-c-c-eweaLtie, c-tften- receipt plored, may certainly be given ic-c- cvi’. of the purchase money. So ic-old ice the c-hence; and due ailowanc-ce will be made Lessee of Thomas Grant v. ,DanielEddy, ~ - - for inaccuracies in these partictih.es: Nortlc-ncmberland, Octobec--, 1706, before bc-nt tic-is iieduhgence must be conilned Teates ac-ed Sec-c-it/c-, justices, (MSS. Re- - within reasonable bounds ;—it caenncot ports.) The court observed that tic-c vary time locality of tine laneds deici-ibeti name of thee cnc-c-ncty c-nc-c-st be conskhem’ed ic-c the warrant or application. as matter of dnscriptiurn. Tine lines of Time decisions leave uniformly been, the tw~ conti~ntouscounties were no~ that such inceptions of right, must n-c-rn. Tine plainetiff knew c-nc-nt in wlcieim judged of ex sdeceribnc-s sc-c-is, from rim-at of tlee cotnnnties time lands wouhd lie, and, appears on the faoe of theem. Wlcetlmer theeretbre designates ticencn ic-c Ic-is war- they sufficiently describe, or locate pre. raids inn the once county, or the other.— cisely, pc-c-rticulat- hands, cane only be do. Ac-n individual conc-veying 400 acres of termined by comparing time terms band for ann ac-lequate ccmnsidee’atione to whereine theey are expc--essed, 4ith the another, c-c-md placic-eg its situatioc-c in the ntatural, or artificial boundaries de- county of Luzerc-ie; yet if it sicould aceribed theereic-n; ac-ed cheese boundaries afterwards appear, (from other pn-e. must be ascertained by evidence, either cisc descriptions, ac-nd nc-c-ijoic-mic-ng lands,) Wi-itten or oral. It is of ceo avaih what ticat tine tract inntec-mded to be pc-ic-— the intention of thee party is, if he does chased, was situate in the cocc-c-e’c-y c-if not redc-ece it to writing wlcen ice applies Nortlc-unc-berlcvc-d.—It will not be sen-. for the lands; though icis intenetion may ously doubted, that tIme vendor sicoulc-f be given in evidenece against him to de- be bound ticeneby, ac-ed tic--at bee is not ~c-t feat Iris claim to other lands than those liberty to - gc-anet tine c-ac-eec tract to c-c-no— ~e really meant. tlcem’ IVImy frc-m parity of1-cc-marc-c-n, sienennid. These rules are bottomed on sound not tire comeennonwealUc- be bouacd by the policy, and coc-edrc-ce to justice, commoc-c act of ticeir proper officec-s. safety, ac-nd pubhc cnelvenience. A cone- The ct.ntnrt c-c-Iso obsec-’vecl, tiec-c-tit would tc-ary pc--c-dice necessarily tenths to er- be ic-iglehy unreason-able to expect tIne ror, litigation, fraud, ac-cd pec’jtmc--y. A sc-nec precision ac-md corc--ectneess in tic-ti contract is time act of two minds it ci- desen-iptive 1)-arts of warranets to take up tlcer binds botic parties, or is obligatory ltc-necls in a tc-’act of tec--ritnn’y nrewby ex- en neitimer. The vendoc--s of Inc-nc-is, wine- plored, as wlcec--e time ec-tijacenet conic-c-try timer they be thee general beds of the lead beec-m fully settled and hnnc-g knmowrm. soc-h, or private in~dividmia1c-,are bound This remark holds with I)eculiar for-ce, by tic-c -plc-inc meaning of’ timeir ‘written ic-c the description of waters flowing contn-acts. I-f tine descriptiocn of lands tlrrotngin a concsidec-~ahlcextec-etofground, be materially, or rac-hicahly defective, wicere parts of’the sti’eac-n mity bepc--oper- c-nd natete’alIy lead to mistake, tine party by dec-med nc-olin brac-c-c/c-e,e in rcfcrcc-ece to applying mc-c-at impute hic- misfn,rtune to othrer parts ic-c tine newly discovee-ed iic-mself~ How can c-nv man safely lay inc-c-dc-, bc-nt wlmiclc, on taking tic-c w/c-ok ottt ic-is money in takice~’up lands,c-c-imless river, or ce’eek, into view, coc-c-hd not by applying- to time public offices, he can tic-us be dec-eominmatec-1 with props’ivty. It discover wlnether thee hands have been Ic-c-c-c- long been c(,nnsidcc-’ed suflidient, ~f before appropriated? He cannot pence- tlne cvarn’ant is sc-n cotichned, as to point trate cc-nIne time bostmmg of otlcen’c-s, nor i-c- out time lac-eds contemplated cv~thc-cer- - ceive information, that c-particular tn-act tainty to a connmoc-e intent. Where ac-n not descm-ibed in a location, was ic-c-tend- object i-isibhy marked is roles-red to, it ed by then pat-ty sitting one a log, hying-c-c-c-i reduces getmec--al and indescriptire e~- tire land! Tic-c latter parl of time cvi. pressi c-etc-c- to c-c. feted c-eei’t-,thc-cmv. 1 g4

1784. 0/ abandonment, cc-nd of shifted or-nec-c-isv- survey of’ Ji~c-.c-, or use any diligec-m~e~n ed warrants acc-d applications. fohlowincg up bc-ic- pretenesions to time land, nenctil he obtaic-eed thee jnidgment of thee Thee sc-c-l,~ec-~tofabc-fnclocecxnent bias been Board of Property ic-c 1783. Bc-c-t how time imecidentaily menetioenedin .7V’esbit v. 7’ihts~. conetroversy on-iginmated before tIc-em was but the circumateunces under wieicli ann nmot slc-ewnr, or evlmetimer any person was abandonment sleall be presumed arc so notified, or did appear, in support of Various, tlcat it is neecessary to a full un- thme claim, late of ..Iiie.-i’ander Rc-sc-. derstnc-ndic-eg of the law on this bce-ad to But it was proved by seven-alwitnesses, give tlee eases pretty mc-icht in detail; ac-ed tic-at tine said .Tac-nes .iI1’Ket first seated. thee doctrine of removed warrants wihl be hinneseif on tire land, aced began to build found to be conenected so much With tic-at a cc-c-bic-e abotit Chnc--istmas, 1768, wlc-’nchm of abandoc-nneec-c-t, as to i-coder itimpracti- Was finisiced inn 1769; after thee office cable to separate them without a tedious openeed, ac-nd originally held it by wlnat he and unnnecesss.1y repetitc-orn. falsely called an innproeenmcne, wieich hm~ Lessee of Epic-na-inn ,Blainr v. George had conetineued by himself or leis tenants, cran~foc-d, and JI~c-c-rjj Fore, Jlllegheic-y, c-c-p to thee presemnt period; ac-rd that at the May, 1793, before ~iFKèec-n, C. ~. and time of commencing time ejectment, he reotes, J. (MSS, Repoe’ts.) inc-ti a good icouse, barne, stables, some The plaintiff founcdcd ida title on ace nnent’low grottc-nd, anti above 60 acres c-~f’ c-mpphicationn, dated 6th of Ape-il, 1769, land cleared one thee fc-arm Ticat an ap- l’Zo.2860, in theenc-tree of.Tanmer.lf,yers, jean. plication had been sent to Plc-iladelp1c-ia~ for 300 acres of ic-c-cd, 01) the bent of to be eaten-ed fbr this ic-inc-I, wieichm lead ,lItononc-galnela, one the west side, near on ceniscarried; but that nc-eden an ic-npressioc-t teljoinnincg general Braddocic’s road. A tie-at the location had been senet by mis- conveyance from .B c-ers to ,Blnei,nc, dated, take to a wroic-g’ surveyor, thee surVey inc-ti 28tle of Sune 1769;3 c-judgment of the Intein actually made fom- thee said Janiet Board of Property5 on thee 1st of Septene- .c-1L’A’~e, ac-nd L 5, paid for surveying ben, 1783, (wimiclm was not sieewn in cvi- fees. deimcc furtleer thaem as recited ic-C plainc-tifiCa It was also proved byone of’tlce agents patemet.) A warrac-et for thee acceptauce of of forfeited cc-laths, tic-at thee premises a survey said to leave been made for had been advertised for sale by order of ~‘1(exac-c-derRoss, 25thof November, 1769. tine supreme execc-itive coc-mncil, ac-ed. were On c-rn applicatioc-c- in lcl~nc-c-ne, dated, 20th ptc-bhichy sold at Pittsburgh, by outcry, of April, 1769, No. 3116, whose niglnt ont time l2ihm of Mac--cm, 1784, (c-co One ‘was declared to be invalidated, onllyec-’s’s setting up, or prctec-edic-eg any claim or sc-pplicatioc-c, December 23d, 1784, acetic- title,) to the said Jennies .lif’,Kee, for 1. 35, patentto 13ic-this, 26thof December, 1784, wheo paid him thee coc-esideration money at reciting as above. that time; ‘that lee made rcturnn ticereof ‘rice defendants held render one Janneo wit.hminc five or six moieties aftet-wards to .Mc-Kee, who claimedthe premises under the coucecil; c-nc-i the-at ic-n December,1785, a permission graceted by Captain U/c-ark-s lee paid the money into thee treasury; Edononstone, commanding oflicer at Foc--t c-med ]3laina meething heim in Philadelphia, Pitt, dated, 29th of September, 1768, fic-’stacquaic-ntcd Ic-ic-n of his having’ a title tothree said- Jilexunder Rosa, “To ~ett1e ac-ed patcc-ntfor time 1-antis, c-c-c-ed desired Irim sued improve a tract ot’ic-c-rd at Bnaddock’g not to proceed cc-i thee sale; to wheich ice crossings, 0cc thee west side of .Iktonongcc-.. answened, tic-at ieavic-c-g sold, ac-c-cl paid ic-cia c--iver, 14 miles froc-ce Fort Pitt/’ tic-c imoney ic-etc thee treaSUi’y, he was The foe-egoiecg application of Ross, No. boc-enc], logo one, in dischcarge ofleis duty; 3116, calling for 300 acres at Braddock’s tic-c-time inefornned the eec-tree-il of wimat head tipper crossings, on time west side of passed betcveeme hinmeachf nc-c-ed 13/aijie; btit .l’foc-no-ingalc-eia, abc-out 14 miles from Fort onm conc-sideration they awardedapatec-mt to Pitt,” anti thee Sul-vey retc-c-nc-ced thereon; issue to J~PKcc-c- thee attaic-eder of c-aid Ross of high trea- It was likewise slmewmn, tleat thee loca- c-.- son, inc concsequence of time -act ofassem- tion of Roes was mon-c precisely descrnp- bly of 6th of Mae~cie,1778. A sale by tive of the lands in qtncc-tincn, tic-mimi that public venedue by tIme agents of forfeited of .Byers the former heincg”better adapt- estates of iVesfnc-orela,c-d cotmnc-ty, (before ed to thee swell of tine bottom Ic-c-ed in the thee divic-ioc-e of .‘llltq-henjj therefrom,) to bend of thee river .112~rnuc-c-ga1c-ela.To ohe time nc-aid Tac-c-c-es .hI’Kec, for 1. 3~,on tine viate the ohjectioc-n thnat Blame did not l2the of Marcic, 1784, -and a pc-icc-ct tic-en-e- give notice of leis tithe to tic-c ic-c-ntis at time on to [elm, reciting the above particulars, sale made by the agents, it ~‘as proc-ed, dated 29the of December, 1785. that lee pc-’oceeded fi-omPittabc-c-c--glc- tolc--eni’- It did not appear ice evidence, tic-at tacIT, on thee 21st of November, 1783, .Blaine, after tine coneveyance to heim by med did not return from thence until thee J1~c--rs, took any steps whatever to ob- month of June following. kaip a surveyiQr file a Caveat against. thee reefer, J. (time ~, Juslice b~in~’ic-edas-’ .1a5’ posed,) charged tine jc-c-ry. He observed sent,” applies whelm peculiar force, in the 17$4~ tic-c-mt it wc-c-s incumbent on the plaintifi to case of rights fec-c-nc-led one locations. I inc-Ic-c out a good title before lc-e coc-mld re- then-ow out of view the perc-nit cm!’ Captain coser tine lands inn question; and tie-at Edrno,c-sto,i~,as it does ~ot appear tic-at a the real gist of thee controversy bay in settlement attended it, but ann adverse a proper comparison of the niglets of possessione ic-c-c-s been c-hewn in evidence. B/nc-ic-ne ac-ed Roes, previous to either of The judgmec-mt of’thc Board of Pro- tire patents beinc-g issued. Applications perty cnc-nmnot -alter time nrc-ic-c-re oftire title;. ic-c time Lac-ed.Offlce, after the opening of whatgn-ourcds theyproceeded oin,weknosc-c- it, omr the 3d of April, 1769, are the in- not; bc-nt tic-is we kc-row, that tine parties ceptions of titles whene duly pursued. ic-etec--ested Ic-ave a legal riglmt to coc-mtest Merely of itself steele a location creates tic-cm- decisiome in a court of law, by tln~ c-mo rigid; no part of the purchc-asc money express words of the act of assec-nbly of is pc-mid. No tithe vests thereby, neon does 5th of April, 1782; c-do ca-c-cat, orjudg- it fec--rn c-sty contract on which the party c-ec-ent of the Board of Property is pro- could be sued by the proprietarics, or dc-iced on tine part of tire pic-ic-etlir. it tlc-e state, until a survey is made, clesig. dccc- not appear tic-mit ac-ny cnotice peeviOus seating tine party’s pn’etenmsioc-es by metes to time hearing, was given to tire attorney-- ttrtd £ommds. Wheete sc-c-cit a, location is general, the agents of’ forfeited estates, fidilowed up with proper diligence, it or to ac-my executive officer whatever; we evil give a right of pre-emptioee to the must tinerefore conclude it to b.c ee~,barte, i-arc-dc- prescc-’ibe-d thercinr But c-ny loca- nor cc-mn I bn’ing myself to boiieec, if time tion may, like tine ieeepee-fect title of ieee- Buar’d of Property knew nc-s cc-cc-c-elm of tic-c pnovemenc-t, be forfeited by abandomemeict case as we are c-mow possessed of, they or derelietloen. Whem-e tieere Icc-s been would hc-c-ve given such ajudnmenrt negligence in obtaincic-eg a sc-c-t-vey, asubse- By thee attainder of .~I.Ross for high quenet ic-c-cation may, by date imrdc-c-stry, de- treasoic-, ic-is whole estate, c--cal ac-cc-I per~ feat its operation, as to Icc-c-ntis, wbcichc it soc-ral, became vested in thee common- pdight be stmpposed to describe with suffi- wealtln, under the Sthn sectione of the c-ct cient accuracy and cee-tainty. of 6th of Marche, 1778,- ac-ed under this If tlceae gec-ceral rules are con-reel, and law, mined thee supplemenntthereto, passed itis presumed they are, the application of the 29th of March, 1779, the agents of theern to tine case before us, is familiar forfeited estates were directed to sell thee nc-nd easy. Time plaintiff’s location does estates of traitors ire a certain mode pre- not precisely descc-ibe these ic-nc-is. It scn-ibed. The sc-me laws whiclm vested. calls for the land ic-c- the bend ofthe rivee-. the propertyin tire state, qualified the Theat of the defenc-ciants is more close nc-ed sc-tie of it by tic-c inestruncentc-c-iity of-con- descriptive. Time phaimetifficc-c- beemn guil. ic-c-inn persoc-cs authorized for tim-at peculiat’ ty of ge’oss bc/c-es and. mceglcct in laying pum-pose, c-med sc-rein a rcstnietioc-e was leigh~ by for fourteen years, without gettineg a ly necessary for the general benefit sc-nrvey mac-ic, or making any pc--etensiomns otlnermvise, hcigimly improved lac-iihs, lying to time Ic-ends, during which period tIc-ey pet-icc-c-ps ic-n the vicinity of the metropolic-, has-c been rendered much more valuable or ic-n time heart of time stte, forfeited by by tine lc-c-boenvs of the occiepien-. Ross tine attainder of pen-soens wino had joined. gets c-i stc-rvcy returned, which appears the enemy, neiglet be disposed of on the however to be mac-Ic for James .M’Keo, comic-fleece terms of c-c-cant c-ned unappc--o-~ and paid for by mis agent. If tine plain- printed hc-ncds; wleineh never could Icc-ye tiff Icas suffered a survey to be made, beene tlee cviii of time people. Tic-ese acts tinougic- be migbmtoe~iginnc-Ilyic-ave included. are certainc-ly more tic-ac-c- dic--ectory; they time lands ire question, ac-nd not entice-cd. arc nt-strictire. - lens cc-c-vent in due time, or c-nc-dc Ic-is ob- It appears to nec, tlcerefore, tic-at it is jeetion~then-eto, he sic-c-eli be postponed. -ac-n inc-neperec-bic bar to time plainetiff’s ic- Sc-ide c-s thee practice of nil courts ac-mcijc-e. covery, tic-at he does c-rot deduce bc-is title e.c-es, and of the Land-Office; ac-ed oc-c-glet thmroc-~gbetime proper c-c-cd legal conduct of to be so, ongeneral pm-inmcipies ofcuncvenni- sale -and conveyance, c-c-c-pposireg tine mid-- cc-c-ce to the conrmmc-c-reity. For no nc-me verse legal tile of Roes to be most pc--c- sic-etc-id be permitted under a general, ferabie, Time agents of forfeited estates tbeougim early application, to tieumb time sold theese ic-c-cds on the 19th of March, fic-ce of a whmole conc-niry, nc-c-id c--etc-rd. its 1784, atid. tic-en received the c-uoc-c-ey ot’ settlement c-nd. cultivatiome by his own tine purchaser. Ills c-cot possible to con- c-c-eghigence. ceive, thtat, the connnenonweaith, above ‘l’he qc-testioc-i then, if deteemic-ecd on nine months afterwards, could conc-vey a thee relative merits uf thee titles of B/cOne legal right to the lessor of the plaintiff, c-c-rd Ross, immediately before thee latter c-ifter they icc-ti parted with their tithe .~otnedtine common enemy, cviii admit ot’ tlec-ough the methecen of c-c-gemets of foe-felt- an easy solution. Tire nnaxim ~ J/igi- ed--estates. They could. mcot gn-ant what Iaic-Ubnc-s non dtcc--c-~ientibnc-siegea sndiservi- they ic-ad- miot-. Aced. neeit1c-~t~tine c-tate c-mci’ 5 Voi. II. 2A, 186

I7~4. ~nindividual, cc-c-mi do alt nc-ct, and pro- complete his legal tide, on- bestowed conn ~ c-Ieee an efl~ctmorally impossible c-c-c- c-I. sic-let-able labour in innprocements. self. The plaintifftherec-c-poc-n suflbred. a The case of tine lessee of thc-e reverend ic-cc-ic-Cit. .Tohc-c- Ewingv. JJan~e1Bartnnc-, furnishes a And, in tlee Lessee of ~n’in v. .7’ticlmobls793~ striking instance of an abnc-ntlonmec-et, dif- nc-nd Swan, at Weetmorebr~nd,May, l ferent from tie-atof -adverse locations. before thee same judge, (MSS. Reports,,~ Both pam-ties clammed c-nuder time :amc in whiclc- it appeared, that thee piac-ntetc-, application, in lice cc-c-me of )fathc-innel who claimed under a lecnc-tion of 3d- of un-eden, 3d of April, 1769. Thee defen- Apill, 1769,icc-ti ~inedec-no application for dant was a Icc-cant under time heirs of Wi1~ a survey until soc-ne time between tue 1km Roes, deceased. years 1774 c-nd 1776, wleen, on benng in- It was pm-eyed that the name of Bred~n fornmeed the-at time location was nc-ore de- was made use of by Dr. Ewis~q,and c-ic-at sctc-ptive of otleer lands than the lands in time onigic-cal application wets in his /c-ac-nc-i dic-pute, Ice declined. making tire survey, writing. Ic-rdorsed, “J1be Gallowa~,.” without any force or threats frbm tIme A stnrvey of 334 acres was thereon then holders of the ic-nd, and in fact no made by William Scull, on the 27th of’ application for a survey was afterwc-rc-Is June, 1772, but at wieose instance on-ex- nec-tie, nor any survey ever made, c-c-nd it pense, did not appear. It sYnc- returned was c-isa sworn the-at thee location might. cc-n the 27th of October, 1772, for Wil- be supposed to describe with convenient llama Roe,, anti a patent issued to mini on certainty, thee iac-cdsin possession of dc- time c-anneday. fend-ant, but not exclusively of otiner A certain ,7’/’athanicl 2?n’eden conveyecL - tracts. ties locc-tione to William .IJltCard, on tiec Tine defendant claimed. under posteri- /7th of August, 1.772, in coc-ssideratioc-c of or locations, and c-c- settiememet in 1770, five shillic-egs; ac-nd Jt(iYCord coc-weyccl to ac-nc-i. cultivatioc- of the lands, but had rio WIW~,c-c-Roes on the 27th of September, survey. 1772, in consideration of 1 200. Both ‘the court, independent of the oper- deeds wet-c recorded nec tine 3d of July, netiome of the iimitatioc-n c-ct, recognmizedtine 1784, c-c-cd-it appeared, tin-at in the spring c-anne prinncipics, anti observed, theat a foliowic-eg ida pc-ct-chase, Ross began to Jocc-tion fndepenclent of due diligence improve one tic-c lamrds, cheat-oct Six acres, heien~used to obtain a survey, om- to pm-o- c-nc-I fenced tle~same, c-nc-i built a heouse secute thee claim of time party, gives no tic-ereome. - lIce in-ad occc-c-piecl the lands legal, or equitable e’ight to the pre-cnnp- even sic-nec by Ic-is tenants, ameci. lnnc-d paid tic-c-n of lands. It is of itself mdc tithe. Like all time taxes. It was c-hewn, that at the the fancied ic-c-c-md-jobbing improvements of time of tc--inc-I, there were on time place, be- girdling a few trees, on- pickineg some tweeme 80 c-c-nd 90 acres of dec-red Ic-nc-I, a brush heaps, sucie applications give no large hoc-c-se ac-ed barn, a good oc--cimnc-c-’d, equity; and when deserted c-nd-abandon- and iix acres of meadow made thnereoc-n: ed, like - tlcenn, tlc-ey afford not c- c-ira- Tic-cplaintiff claimed tinder a convey- dew of’ a right. Tire pc-c-rty by ic-ic- c-megii- ance from ac-mother ..TvbIlnanni’l lit-c--dane tc gencce c-c-cd lacic-ec-, fothc-itnc- all his preten- fir. Enuj,c-~’, ic-n considen’atiomn of five c-ions to a claim, wicich, if duly pursued, slnhllinc-gs, dated 90th of October, 177i, would be tine inception of c-c- tithe. and recom-ded 9th of Februae’y, 1792 So, ic-n thee Lessee of Henr~,j)rinkcc-- v. ac-ed this lit-eden swore that li-wIng lec-el JYillianeHolliday, ffuntingdsn, May, 1796, nec-tie use of his c-came, and tin-at he ic-c-c-ti before Shi~fiea c-c-nd Tc-t-c-tce, justices, made c-c- conveyance to nc-c- other pesnc-c-nn. (MSS. Repom-ts.) Tine coun-t in their Tic-c acknowledgment of .Tklc-Cord, that charge, laid down thee general doctrine, lie lead- procum-ed a person to assume tic-s as follows, “Mccli will depend on a par- nameof .Breden, c-ned- personify ic-ic-me, was ty’spursuimmg ic-is pretensions on-a wan-rant, give-ce in evidence by the clepositiune of or iocatiomm, with due duhigc’c-cce; wicere another witnesl. he is guilty of delay ac-nd. Ic-clees, himi Bc-mt the detent amiuil tlcis part of the do— claim to particularIc-c-ned-sc- wielcic ice miglc-t positiomn oughet not to inc-eve been t-ead,ac-ed Qtherwise secure, c-hail be postponed t~ could- have c-no weigict in tire cc-use; be- asubsequent wart-ant c-nc-i sum-vey, aided. cc-c-c-c-se Jii’Cord if living-, could c-not ic-ave by vigiiaeeco and. inthestt-y. been received asawitness toinvalidate the - Wic-en a survey Icc-s been mc-ae, wheicln dccci ice had executed, nor small hic- sub- cc- supposed to lee injurious to ac-mother sequent confession, after hell dec-the, be claineac-it, lee ought to file ic-is Caveat, received. for such purpose. Sevem-al or cflstittae his stilt in a eec-soc-cable other witnesses swore, theat .T~jm~ord,Wan; time, or account satisfactorily for ic-ia a reputable man, ac-nd of a good neeornc-I neglect. Pallingherein, lee sic-all suffer chearacter. f~rhms ntghi~ec-ece;ac-cd particularly so, The court gave lt in chnarge to the ju- ~there lets ac-Lyerc-~’yhas proceeded to my, tic-at the only question which occtc-r- 181

Ted, was, wleether the location h-ad been dated l8tle of September, 1767, “To 1Y84. .fbihowed up, witin due diligence by Dr. ic-nc-prove andoccc-c-py c-c- plantation ac-nd tract .E~vic-c-g-, for if Ice Ic-as been guilty of ne- of land for himself, ac-md once for leis relc-c-- glect and lacl,ea, lee leas forfeited heis pro. tion or fn-iend, one tine soutlm side of the tensions to time land. In ejectment it be- great road, near tine mouth of Bushy came the imcdispensable duc-tyof tine plain- run, ic-n Beyerley’s neighbourhood, he tiil, to estc-blishe his owc-c title, against time pc-tying forty shillings yearly, if demand- defeonlant’s possession. ed, and subjectto the regulations of tied If the survey bc-c-ti heon made c-itthe cx- command-ic-mg officer at Foe-c- Fite, for his pec-nse, or by time procurec-nent of Dr. majesty’s service. “In pursuance heereof, Eec-lag, it was cap-able ofproof. Itcould Irwin in 1768, builta c-maR cabin,cleared not be presumed tie-atit was made by thee once nc-crcofgrounci, and-made ac-maildeade. lireda,n, under wleom lee claimed, be- citing on1-and-s about half a nc-lie distant e-ac-c-se lee was a mere c-nonnimeal person; fc--om those in question, and a quac--ter of a ac-ed heic- deposition, moreover, has been mile fl-urn his present place of abode, and read-. The survey preceded time assign- hnc-datenantine tlc-ecabinmforsomc-rlittletinmme. mentto .Me Cord only once monthn c-nc-i ten One time 25th of July, 1769, he filed days, ac-nd might have been made with a two applications in tIme Lc-c-nd-Ofilce, once -view of a sale to Rosa; no claim is nnade marked, No. 3663, 6cm- 300 acres on the winile the defendant’s lamed-lord is paying watec--s of Brusie creek, on the southwest taxes, asc-l laying out large stems of c-no- side of the c-new c--oad joining hand (c-f c-coy foe.’ thee innprovemec-et of the ic-reds; Thomas Lyons, and from thec-cce extend- nc-o suit is brought umetil October term, ing dowmm the rtc-n to Brush creek, in his 1792, mm the conc-nnnoc-c- pleas: nor does it own name. Ac-c-ti the otheer, No 3665, in appear tlcc-t Dr. Eec-inq- mac-Ic any effort the name of Janc-ea Irwin, for 300 acres wimnetever, respecting leis claim, till c-c-ear one time waters of Bc--uslc- creek, bouc-eded twenty yean-s after time assignmeeent of thee by ic-ends of John Irwin and Christopleer locc-tiorc tohim. Rudeback, uc-eder this latter application Time ease also appeared to be within he claimed tic-c lands in dispute, and gave tine words c-c-cd inetenetion of the lic-nnitc-tion some c-hg-let evidence of a survey there- act passed one thee 26th of March, 1785. on, whicie was stc--onghy controverted. Though the.ero isa surveyon this ap~1ica- The defendant claimed c-c-c-nd-er ace c-p. lion, it is not c-hewn theat. it was efiectu- plicationn of Casper Geyar, for 300 acres cc-ted by tine lessor of time plaintiff, or that on the head of Sewickley, -about four lee evec-- atteeeepted to make one; ac-rd xceiles from Beyenley’s, cc-ntered on c-lee 3d tleerefom-e it c-bali c-cot entnre for his bene- of April, 1769, No. 105, ac-cd a survey lit. The sc-c-rvey is adverse to his title; thereon of 80]. 1-2 acres, cc-cc-tie 10th of mac- been returc-ced for Roc-s, and, the legc-c-l April, 1770, and a patent dc-ted14th of lithe is meow vested- in leis hmeirs. Tic-crc August, 1770. lIe also gave in evidence a was a verdict fom- the defendant. .i’i’or- recovery in ejeetment by tine lessee of ilnumberland, Mc-y, 1798, before Sl4pam Casper Geycr agaic-nsttine sc-c-id John Irwin, nc-ed Venter, justices, (MSS. Reports.) of the ptemic-es, at Novec-nebet- ac-sizes, Incthe Lessee of lianiel Gripe, v. Re- 1788, by coumcscc-is coc-nfessing judgment verend Vend Baird, lluntingdoc-c-, May, to tic-c plc-ic-c-tiff. 1805, (MSS. Reports.) icc-c-tea, J. laid It was asserted by each party, that the c-Iowmm tine folhowineg as c-c- general rule. application of mis nc-dvec-snry did not de- “When tinere has been c-negligence in scribe the lands ic-n dispute, but was ic-c-- obtainingc-survey, c-c- wntre-amet or locc-tiomn, tcrcded- for another tract; and evid-encc-~ gercerc-c-hhy descriptive, but vague ic-c its was given cc-n botle c-ides as to tlcis point. terms, c-nec-c-st give way to a sc-ubscquec-et Tine defendant Insisted, tic-at thee military wc-i-rc-c-nt or lOdc-c-tioc-n, equally vague where- pet-mission not being followed by a settle. on a survey icc-s been mnc-de; or to c-c- sub- ment, gave c-no pe-efec-’ence. seqc-ncnt precise warrant nc-md. locationc-, The coc-c-t-t submitted the respective 1o~ s-vec-e without a survey, where it accurate, cations to thee juc--y, wieo were to deter- ly d-esec--Ib~c-the lands.” c-nine as a question of fact, ‘which of thnene In Lonc-ray’a lessee, v. Gjbson, before was most tcpplicc-b~eto tire conntroverted. cited, it was held, tleat once ic-avimng a war- grouends. They laid It down in their m-ant, ac-ed not following it up witie dili- dc-c-c-c-ge, that a precise, chose, descc--ip- gence, but scicntly perc-nltting others to tive wac-rant, or appVecatioce, would take improve, sic-all b~Postpoc-eed. plc-c-ce of a general, loose, ined-escriptive Lessee of .rc-/rn .Ic-’win, v. .,qc-ndrew odne, timougim earlier in number or date; .Jifooc--e, Weetrnoc--elac-ecj, May,1797, Yeates, but a warc-’ant or application of thee latter j. (MSS, Reports.) kind, even though - shifted ata distance Time lessor of tine plaintiff gc--oundecl. from the spot seemingly called. for tieere- Ic-na pretercsnons on a mc-iitmc-ry permission in, if faimly surveyed, returneed. and ap- of Cc-cptain Charles Ednmoimd~c-n, corn- 1 propriated. by time proper authority, whene 9MUedinn~o l~e~,c-i, J”on-t 2’i~g,t~ hTimci t1c-~j’eevac- fl~in~cr’oc2iin:,oJjnosjtc-g~,e~7nt,- 188 -

1784. will hold and. secure time lands; be- order to raise ac-i ic-se, c-ned tic-c owners of cause c-no injury is thereby done. In tine soil could. not compel the pc-tyc-ecent of general, convenmient certainty to a corn- tine purchase moc-eey under such circum- sc-c-on itc-tec-nc-, is amply sufficient in cases stances. of tins imatinie; ac-ed in a country newly For time plaintiff, it evas answered, explored, it would. be ieigicly ucere-asoc-na- that it henna been admitted. by tine defec-c-- bhe to expect, tlmc-c-t applicants for lands dc-nt, thmat hic- title first began with the should ftmrc-nish minute descriptions. w-~rc-antof acceptance on thee 20th of Those persons who ace intitled to a Ic-ehn-unc-ry, 1790. If time plaintiff’s title p~eferencein lands, under a military is can-her ac-mci better, it oughmt to be pc-c- permission, must be such as 1cc-re made fern-cd. Time general pn-actice of all tIc-c ectzgal sett/ernenla thereon. This is thee deputy-surveyors, in siciffeng lost Inca. cx,press language of tine exception in the tions, is perfectly familiar to thee wicole law of Sc-I of Februan-y, 1768. Governeor coc-nc-mtry, ac-md was c-rever qic- ntionned be- .Penn’a proclamation of time 24the of tine fome thee Revolutione. If n c--irate per- same month, and- of wlmc-t is called thee soc-c could damn ac-ny c--igh’ -- cntere$t c-nm preamble to the openninng of the Land-Of- theelands so sc-c-re-eyed, tine could be c-cc-, fice one thee 3d of April, 1769. Iii what pretext of injun-y c-mr lc-nc-e-dc-inip c-icc-me to c-c-c-my oticer manner could tIeose claimants conn- inrc-.lividual; and time propl’ietnc-rieS c-nltc-nc-c-- dc-c-ce to thee mote convec-cient accommo- ed- tieeir object, by d-icposinmg of tlc-emt datione of time soldiac--y, or otlccrs ac-md. ic-c-ed-s. But it. was neccc-c-sry tic-eec slcotnld if in the prescc-c-t inc-tance, c-claimof pc--c- be a c--etc-c-rn thc-ereof made into thee Sur- emptioc-e is set up, uncder C-.eptaine Ed- veyor-General’s office, to operate as con. c-nondron’s licence, cc-rust not the cond-itiones s~ructivenotice to otiner applicants- ic-or tic-ei-eof, of “improving nc-c-nd occup~,thzg” if one ignorac-et of tine suc--vey made, tire same lands, be fully compiled with? should apply for tic-c same lands, and ob- Verdict for defend-ant. tain a survey, before thee former was rein thee cc-se of the Lessee of.Terse,Fnnn- turned, time latter woc-c-ic-1 be entitled to a ~ton “7. Jo/nc- .c-I1’JPtahon, Xc-e-tlc-c-c-nc-mlunrlac-c-d, preference. Many yamuc-bhe titles nc-n this October, 1797, before .ilI’Kecc-n C. J. and state depened nrc-n these grouc-eds, me-hide it Yeates, 3. Both parties claimed under would he dangen-ous to lenpeaclc. ‘rime removed or c/c-c-feed applicatioc-ms. A sc-ne- returnn of a suc--vey, fairly made by c-c- de. vey was said tee leave been made on tire pc-c-ty-surveyor, ic-etc tic-c Surveyor.Gcc-c-e- plaintiff’s applicatioc-m on time 6th of .rc-c-c-re, rat’s office, is Ipso ,facto, an acceptanc-ce ~771, but it did not appear lmow, or wlncie tlmereof unless c-c- conetrary’ inctent c-s cx- It was returned into time Sc-nrveyor-Gene.. pe-ec-sed at time time. It beconmc-c-s tic-c dc-c-- ~c-l’c-office. ty of time proper officer to exeenelinee tine The defendant’s survey was made in returns immediately, and if the disc-ec-nt July 1782, on which a warrant of accept- therefrom can be deferred for a lenc-gtic- of ance issued 20th of Februac--y, 1790, ac-md time, why may it out be deferred for a patent 23d of February, 1700. tlnirty - or fbrty years, after makic-eg tine It was much conetec-ted, wicetimeT any most vainc-abic inrprovennentsthen-eon 1 sc-nrvey had over been act uc-tily made cc-c Tic-crc can be no real dihfi.re~cebe- the plaintiff’s spphication; but tic-e ver- tween warrants anti applications sh4J1c-d. d-c-ct was for the d-ef’eneniacmt on othec-- facts Whene a survey is made underthc foe-men-, in the case, not illustrative of time pc-c- cc-c d-ifferec-et lands fl-ant those designated. pent ~c-c-bjeet;yet tire doctc--ic-ne of relec-ov- therein, a ware-c-c-nt ofacceptc-ec-lce is there ed warn-c-nets was cc-re of tic-c points, and c-c-iso necessary. it may there, with eqc-cat was fully debated. propriety be sc-id, tic-at the fc-c--st cc-in- For tine defenedant it was contec-eded, tract was for other lc-c-c-~ds. Yet tire sur- tirat theougle by time c-c-sage of time pc-optic— veys made bcntlc- one wac-~ac-c-tc-nc-md c-mpphica- tary Land-Office, before the revolutioc-n, tions, c-inc-Il be presimneed to be with the t depc-c-ty.surveyor c-nigict sicift a lost Jo. consent of the party, unless thee contrary ~c-c-tioc-eto retimer ic-muds, where tic-crc was be c-hewn; and indc-~ed,ic-c mostinestannces, no pi-ior rig-let, yet nrc coc-etn-act took place tic-ey c-re directed. eitieei~by irim or his as to time ic-c-md-s surveyed, between the agent, Hence, on tine retunem ofsuc--veys, proprietae’ics and. tine inedividtc-;d, uc-etil cc-timer on a nvan-rc-c-nmt or location varied, a the tic-nec ofissuing time warrapt of accept- new contract for tleoae i-ac-rd-s may faic-Iy ance. Theme tine tithe firc-t comc-nrenmced, be sc-id to be agreed upon by the pn-nic-c--ie- time oc-igc-nal contract Inavimeg beenc for tc-c-ries and the iimd.jvid,uai, thee chepc-nty of otic-er 1cc-c-c-dc-. There ic-no sinnilitude be- - the former having- nec-c-tie the sc-c-rvey, sc-tb- tween this case, and thmc-c-t of removing ware-mn—c-ta,where the money ic-c-s been paid ject to time approbation of Ic-is coc-cstitc-c-- ~nwholeor Ic-i part, befc-,re time ware-ants cc-eta. pc-sued. Hen-c nothing- Ic-ac- been pc-id to JLI’iea,c-, C.3. gave it in cimarge to the the le.te propn-ietaa’ies, or thee common- jury, ticat tee plaintiff made pretensions we4th, by tine Iessp~of the plainlãfl ic-i to the ic-c-ned- ic-n question, onn a removed ap- piicateonc- without sic-ewing how, or wic-~ 189 the survey was i-eturned into the Survey- i;ndeecriptive iocation, wanting pc--eeic-iOn 1784. ne--General’s office, without ever lcaving ic-n its terms, the interest vests from thee bc-c-cnn inc possession of c-c-ny pae-t of it, and. time of survey. without hc-c-vinng paid one shilling of the Smith, J. Such has been the invarI- consideration money. It eras ic-ecum- able i-ole on vague warn-ants or applies. bent on him to have sinewn, at least, tions, on 8/nf/ied locationrs the tithe does when the surveys were returned, i1 ire c-cot vest wetil time return of surrey into claims under the usage spoken of. It thee Sur~ieyor.Genen-al’soffice, unless the would seem, leowever, tic-at sonnething owner of tlce ad-nec--se title had neotice of sc-core is necessary, tie-ann a mere returie the survey price- to the commencement of survey one a shifted application, to of iris right. Ac-ed. so have been the vest ac-n equitable interest. ‘lime ban-c diffec-ent adjudications ticat I know oil- act of time deputy sue-veyurs alone could (MSS. Reports.) not give a title by sun-veyinng hand-s on a And in tire Leésee of William Bell v. spot not c-ailed for by time order. Until Robert Levee-c-, 2/orthac-nptoc-n, Juice, 1800, a pc-tent issues, there is no complete le- before Shippen, C, J. ac-nd Teatee, J MSS. gal riglet; and then thee patec-c-t refers Reports—The cicief justice delivered ~baekto the previous application or war- tic-c opic-mion of the court, on ticis subject, c-ac-ct. Tine defendant is possessed of in the following ten-ms. this patent, c-nc-I ic-as pc-c-id a large con- The fatal exception to the defendant’s sideration therefor, ac-nd Ic-c-c- made many titie coc-esists in iris not obtaining a re- vc-c-itc-able ic-ec-provcmenmts, without any turin of leis stnc--vey lnmto the Surveyor- kiermwledge of thee piaintiff’c- claim. Genen-al’s office, winich was executed Tc’atec-, J. sc-c-bjc-eic-ned. We iay down on grounds different from those c-ailed no general rule on this subject. Seve- for in his application. The dtte dili- c-nc-i suspicious cin-cc-c-mstances attend thee gence of persons who take c-np lands ice plc-inc-tic-I’s soc--very, and it is higlciy dubi- this mode, forms ann essential featc-nre ic-I ous whether it was actually made on constituting their e-igic-ts. Hence whiere time ground. It is nc-demmitted by plnintiff’~ neghigennee occurs, a subsequentoe’der coc-c-c-ec-ei, tim-at c-c-. elm-amber sc-~rveycannot of survey, industriously followed imp, racy the descripticnn in the appiicutionn, may d-etcc-t tic-c openwtion of a forc-ec-er ac-md that tic-c real stc-rvey nec-c-st be n-e- one, wlnicie, in the due eoum-se of btnai- tc-c-c-nc-cc-i into theoffice of thee Suc--veyor-Se- c-less, migint be supposed- to de~ci-ibethe c-metal. Time time when tine survey war Iapdc- with convenienet precision and cer- retum-ned, becomes iumportantto tic-c true tainty. It lies ic-c tine power of no mdi- decision, c-ned. it lay on tine phainctiff to viduc-is to lock up tbe Land-Office. sinew it sc-tisfactorily. Unless thee-c has against time seftlement of tine cotc-ntry; been an actual secrecy, ac-mci tic at too c-c- or otieer applicanets by their wilful c-ne- -turned before the defendant’s warrant glect and- delay. of acceptance, time phaic-etiff is not enti- It icc-s long beec-e time settled-usage and tled- to c-ecovec--.—I agree tinere mtnst be practice, botic before and since tic-c Re- c-ometlmic-ng mon-c than c-n c-etc-c-c-i sc-c-rvey volution, for deputy surveyors and them- by the deputy to vest time equitable in- assistants toremove lostiocationsto other terest on a removed- application. Bc-nt hands, eric-orethen-c wereno existing, pri.. it c--c-diner appears to me, tin-at tire return or,opposing rigieta. No ic-~jmc-n-ywas done of stc-ch a survey, fairly and duly made, tinereby, eithmer to time lords of tic-c soil, is primafacie end-eec-ce of its acceptance or to individuc-c-ls. The pretensiocns of by the proper c-utimority (MSS. Re- tine party wec-e thencby ascertained, and. ~morts) time contract was completed on his part, Tic-c above cc-se was cited inn 4rrn- but subject to be aneneuhled onthe retc-c-ri~ .nero;c-g°slessee v. .lifc-ergac-n, at Huc-nthc-gdan, of survey. But it Ic-as always been deem- May, 1803, before T’eatee c-nd Smith, ed essec-ntiai ic-c eases of this nature, tlmat Justices, to prove that on ic-c-descriptive tlnereturc-ms of sucin .v/c-jfledstmrveys simnuld orders, the legal right did not rest un- be nec-c-dc in a reasoneabhe time, ic-c order til thee return of survey. to prevent otlcec-’s fe-one bestowing c-heir Tcatea, J. Tinnn.t case is perfectly f’nc-- ic-c-bour c-nd money in a fruitiess pursc-c-it nec-ic-se- to mine. The applications cc-ne moth of time same lands. Witleout such coin- sides designated otiner lands tie-an those ,otructive, or actualc-notice, win-at footsteps c-n dispute. Time nneml~ersof tine count remain in thee i,n-oper offices, to guide dissgc--eed in opinion. .1h4~Ke~mn,C. J. thee ennquiries of subsequent c-pplicants? lmeid, that untii time ware-ac-nt of accept. Time terms of time prior applications af- c-flee c-asic-ed, no rnglmt vested Inc tine par- fond no ligict whatever. A mere sur- ty, onn a shifted applIcation. I thoc-c-~lct, vey on a lost locatioc-e, removed from tine theat the return of sc-c-c-rev was pc-inn-a lands for wlc-ich it was originally design- fade evidence of time acc~ptc-c-cnce;c-nd ed, has no more efficacy acid consider- I still adimere to tic-at opineion. Bitt it atioce, tie-an a pocketed application, wicicic, ic-ars been always c-~nderstocnd timat ~n ace 4 it is universally admitted, cgem give no 1784. title. Such have, been ~hc~uc-cifbrm de- very generally the practice at tine tlein~ cisions of time courts ofjustice, founded. this survey was made, (1775,) to sur- on time fair principle of plaice sense c-c-md rey other vacant lands in tine vicinity, common ieonesty, and higimly condu- on such lost locations; acid surveys cive totlne security of landed titles. Thee were never refused- to be accepted ‘c-na estabiishmec-nt of the c-c-tie tend-s to cer- tine Laced-Office, although the surveyor tainty, andtime pn-evec-ntion of law suits, lead no din-cot ac-ethon-ityfor making tic-em. and we are bound to follow it. S. C. 4 It was a title acqc-c-ie-ed by time conniv- Dallas, 210. - ancce of thee proprietary officers for the Wic-ile one set of judges, in one part ease oftine public, c-end toavoid expense; of the State, was e-ecognc-izing ac-cd tie- - but suchc surveys being fairly -snade, 4 ciding upon these princcipies; another andknoc-un to be so, by c-c-my one applying set at thet sac-nec period, inn a distant for an adverse title befoc--e he made such county, was necognizic-ng c-end adopting application, ac-cd e-eturned -withoutdelay, the same law. Thus at Muffin, May, tic-c owner of such application would ~0th, 1800, in time Lessee of Abraham Ic-old the land against c-ice person so .M’Kinney v. ~acob Houcer,before Smith kneowing of ieis title. We-ic-en I say plain- c-nd Brackene’idge, justices. (MSS. Re- tiff, on defendant, I includeall theose un- ports, &) der wlnoen tlmey respectively claim. Smith, J. in the charge to time jury, 4th, But if thee plaic-mtifF’s survey was pe-onounced as follows: nec-dc on a warrant or location desec-ip- In this cause, the title of 300 acres of tive of otImcr land, and without time land is in litigation; you an-c informed knowledge ofdefec-nd-ant, before the war- of c-be situatione by a view; ‘we will lay c-mint under ‘which he claims was obtain- down some general rules, of wieieh you ed, if such -warrants se-c certainly de- will judge as to their application to thee scrip tire of time land, timey ‘eec-mid ic-old it faetc-~,Ii. is of importance that the ruiew against sucie latent sue-vey, even if tine of property should be certain and. owner of it should know it, before ic-IS known, and c-c-chess timey are so, no survey. Bc-nt if such wave-ants are not country can prosper. We have in mc-- descriptive of time land; if tic-ey arc c-my instances, no cc-c-sea in point, regulat- descriptive of other land, tic-c own- ing all disputes. We bc-nc to take pro- er of tic-em is just in time sc-me situation perty from time foundatione, which is not as is the owc-eer of the location, and the the case in tic-at country from wic-heic we same mules apply. derive our laws. Our expel-icc-c-ce is so Ic-c ejectmenc-, tine plc-ientifF must re- alnort, that few general, c-c-c-lea can be cover by ic-is own title ; and thougic de- ic-c-id down, clear of exceptions. We fendant bc-c-notitle,hispoasession is good Cfltc-st take stech as out- best experienece against all but heim having a good title. ware-c-nets. Tic-at experiec-nce, then cli- The plaintiff’s title is a location, &c. recta what I hc-c-~elaid dowc-m to time bat- If tic-is location be descriptive of the c-s general rules. I now repeat thee same lands hen question, be would be emntitied obic-ec--vations to you, c-nd you, only, can torecover. A location is no title, bc-c-i be the judges whether tic-c-ny apply to the ic-eception of a tithe; but in tic-ose tic-c facts ic-c- tlcis case. - early times money was very scarce; and 1. If the location nc-eden- whmiclc plc-ic-n- in nec-c-ny cases, those who ic-c-c-id titles by tc-ff claims Fee deact-iptive of time Ic-c-ed in Location, could not pc-my the feec- of sur- question, and the surrey made inc fact veying, anti many woc-eid not apply for before time date of time wan-rant under thee survey to be made, c-nntii timey were -whicin dei’endaiet claims, aithnougie not able. Whetheec-’ this is descriptive of retuc--ned, time plc-tintifl’ wonnid clearly be the land in question you ‘nc-ely cc-c-nc-judge. entitled to recover. So, if it describes Ic-c tlcis case time location is for Ic-lcd ad- time land critic- reason-able certainty. joining a survey witiniin thee old ptc-vclmas~. 2d. If time description in the location It does join a survey in thee old pur- be vague, nc-nd not descn-iptive of oUnce- - dec-se; hut ii’ thee survey is pznc--ticular ic-nd, yet the depnc-ty-sc-et-ve3’or, the Pub- ‘winicie it cc-lie for, it is otc-n- dc-c-ty to state lic agent of’the ownc-er of thee soil, must it to you; you must consider ‘wheat Ic-ave a eec--tam clegc--ee of ciiscc--etionc-ry weigint tiei~has. We must Qniy give power; ac-ed If he Ic-as reduced- tic-at to a yott the evidence. certainty, -wlc-icic was uncertain before, Tieem’e ‘is a singec-lar circumstance re- and before any other appropriation of specting time survey, ac-nd I chink itleigh- the land-in question, it may, ifreturned ly probable this dispute 1cc-s arisen from en a reasonable tjme~imold the ic-nd so gross neglect, if c-met misconduct in thee sc-c-rveyecl c- enucie more if it desci-ibed surveyor. As lee is not mere, we cana the land went eonvefliennt certainty. oeniy state it. If Ice wen-e alive, ice coc-c-id 3d. If tIme location be -what is called probably explain tt. We must adhere a lost locatc-on, that js, thee land describ- to the generah principle we Ic-ave laid edby it, taken by a prior tithe, it was down, “f~ftime at~7vc-c-,ybefairl,~nnaft’m” Notic-ing more is done on tic-ic- suc-vey, cc-se it wets also held, that wlne,re en t~te 1784. except time conveyance ofthe land to the 28th of’ July, 1773, 4. took a -warrant faticec-, of time lessor ofthee plaintiff. from the Land-Office, descriptive of Defendant has a warrant, &c If his certain land, but which was surveyed title depended on the descriptive part on othcer land the 15th of June, 1774. of tinis warrant, It would be very vague. The survey was returned before thee For there can be no certainty in cc-tiling 26th of August, 1783; for on tic-at day for a survey of Reuben ifaines. In 177.5, an inelorseneec-nt was made on tine re- a survey was eec-c-tie by C. Lukens. We turn, by a clerkin thee Surveyor-Gene-. presume it was returned in April, 1776, c-c-c-I’s office, that “A. believed. the sur~ ic-cc-teed of 1775, as endorsed; time c-a- vey wrong laid, and requested the sur- - then-, as time patent ic-c-cued. in June that veyor to adjust it, wlenchi he had agc--eed. year to S. B. Here let the original to.” On time l7tlc of September, 1787, desct-ipt’eon be ‘wlenc-t it will, the rule we A. applied to thee Board. of Propec--ty fon~ ic-ave laid down applies to both parties; an on-den- to survey his wan-ant upoc-e tine and uc-eless tic-en-c is some obstructing ic-nd it ~aiied for, wicich was granted; circc-c-mstance, thee defendant by imis pos- c-ned time survey n~’asc-c-ccord-ingly made session must mold the hand. on thee 26th of November, 1787, and re- 1t tlce plaintiff’s title describes the tot-ned 27th of Februc-c-e-y, 1788. land ic-c question, and the surrey faii-ly On time 26tie of Octoben’, 1772, B. took made, he would heold thee land ncotwith- a ware-ac-c-i descc--ipeive of certain lamed, standing the defec-edant’s patent. But and one time 19th of Jc-c-c-me, 1785, surrey. tc-nless you lic-md it does so, our principle ed it uponi ic-nd it did not cc-hi for, c-name- c-nc-c-st apply. Thee verdict was for de- ly, cc-c the land called for in A,’s war. fendant. rant of 1773, tine pc--emises in the eject~ This is called a leading case, c-nec-i al- mec-et. Tice survey was n-etc-mn-nedinto ways cited aced c--ecogneized, when any office, probably ic-n 1785, or 1786, but at çf time four points come in question. the latest, on the 9tlm of June, 1787, Ac-ed, in Kyle’s lesseev. White, it is an-nd was patented 14th of January, lc-ehd by the cleiefjuatice ac-e4 concurred. in, tic-at in case of a sc-c-m-vey on a eln~fted held, tinat 4, by Ic-Is neglect, to folio~ location, it is good against a person c-np his objection totime survey rnad~ic-c- who ic-ad c-cc-c-nc-i notice before time com- 1774, head lost his claim tee tine land mencement of his title, evece although described in Inic- wan-rant oP 1773, and the survey was not returned. I Binc-ney, that B. was entitled to recover. That it 249. was too bc-mg tosuffer the matter torest And see the same points recognized fn’om Ac-c-gust, 1783, to September, 1787, c-c-nd confirmed, in Hepburn’s lessee v. and in time mean time the ic-nd Icc-ti bec-~ Levy, 4 Dc-lies, 218, ac-c-ct .c-i’Iile~’ lessee appropriated by B. v. Potter, 2 Binneey, 65. In wheicic-latter

PART IV.

&f the - Lac-c-d.Ojfice under time common- than time said proprietsc-m’ies, are or werc’, c-seattle. eithmer in la~or equity, by virtue of ac-ny deed, pc-tent, warrant or survey, of, itt By an act passed 2~’tbof November, or to any part or portion of the hand-s 1779, (clcap. 863,ac-ete. vol.1,page 479,) comprised- c-nut contained witleinc the li- the estates of time late pm’oprietaries of mits of tinis state, or by vu-ic-c-c of ac-my Pemnnc-ylvania, were vested in time corn- location filed in the Laind-Office at any moc-cwealthm. The soil and lands, (with time or times before tine 4t1c- clay of Ju- certain exceptions,) were made subject ly, 1776, wee-c commfc-rmecl, ratified and to such disposal, alnenation, conveyc-ic-c-ce, estnmblishc-ed finn-ever, according to sc-c-ok division and lmppro~c--ic-tion,as to tic-at, estate, or estates, rights or interests, or ac-ny futuc--e legislature, shcouid, or and under suche limitations and c-c-sea, as shall from time to time, seem meet and in and by the seven-ai and respective expedient, c-n pursuance of sucle law or grants and.coc-nveyances tlmereof, are di- laws, as should for tic-at purpose, there- rected and appointed. after, be made c-nd pc--ovid-ed. Sect. 8.,Reserved to tine proprietariea By sect, 7, all and every the c-’ighc-ts, their private estates, and c-c-fl time iac-nds tithes, estates, claims and demands, called or known by thee nc-icc-me of timepro- wleiehm were granted by, or derived from prietary tentims or mac-moe’s, duly sc-c-c-vey- the sand proprtetaries, their officers or ed and returned into the Land-Office, others by them duly commissioned, an- one or befoce thee 4thm of Juiy, 1776, tic-orized and appointed, or other-wine, or with tic-c quit-rents, and oUc-em’ rents, to whncle any person or pet-soc-es, other and arc-eat-ages thereof, reserved oc-c-t of 192 tine same, or any part theereof which interest agreed cc-c for time sc-c-id iandt, lead been sold. togetimer whim the office fees, or c-f no Sect. 9. All otiner quit-rents were purchmase money, or interest dine, then abolished. on payment of office fees,. and where Sect. l0 The si-rears of purclc-ase stc-rveys head not been returned to the money, otiner tbnc-nn for laemds within time former Land-Office, on ac-ny grantc- war- tentims or manors, were nmade payable rant or locationn, issued before time to the connneoc-eweaith. 10th of December aforesaid, tine own- Sect. 16. Provided.for time deiivering er or owners tlc-em’eof, on appiyimeg to up tothe state, the books, papers and. the Land-Office, at ac-my time ‘w’mthmn documents of the Land-Office. oc-se year after passing the c-c-ct, ac-nc-I The celebrated cc-se of the SprIc-igets- paying once thin-ti of the purchase end)- bury c-nc-nor, already ~noticed,broughnt c-coy, aced interest dc-ne thereon, was into time consideration of time cic-~cc-nit te be ec-nt’etlcd to receive an order dn-. court of tIc-c United Stettes, the 8th see- rected to thee Surveyor-Gec-c-erai, to leave tioni of’ this act, for -wheicin, see Fec-c-n’s the c-name surveyed- anti returned, anti lessee v. Kline, 4 D~ihas,402. timen to have a patent on paymPic-t of 0cc- the 9th of Ape-il, 1781, c-c-n act was the e-esidue. (See tine case of Howard passed, entitled, c-c- An c-ct foe’ establish- v~Polloci-, before cited.) ing a Lamnd.Offiee, c-c-nd for nc-tic-er pur- The sixth section directed that alt poses tftereirn mec-etioned.” (VoL 1, pa. pc-c-release money due for lands in thc-c- 529, chap. 929.) State taken c-np, or entries timcreof made, The object of this act was, to enable by c-ny grant, licc-ince, warrant, appltcee- the ic-old-crc- of existing i-ighnta to pay in tion, or office right whatever, befbc-e tine their purchac-ne nnoc-mey, or c-c-rn-can-ages, lOtic- of December, 1776,simould- be pa~t1 ac-nd. obtaine patents to complete tic-eir ti- ic-c- four ac-c-nc-nc-i instalments; and in case tle to the same; but not to open any of neglect oi-c-’eiic-sc-l of paying thee sac-cl office for thee sale of vacant lands. quotas of pun-chase money, afl(l interest Ac-c- - office was instituted, consisting at the limited- times, by the space ofsix of tine secnetai~yof time Land-Office, months, it was mettle lawful for tIne Receiyer.Genmem’cih, and Surveyor-Gene. commissioners of the cocc-c-nty where thee nc-h, into which was to be removed and 1ahd~lay, to issc-c-e ticeir wc-trranet to the safuiy kept all thee c--ecords c-nd papers of sheriffto sell the lands, or so much as the former Land-Office and Board of sleould be eeecessam-y, to disclnc-me-gc-c time property; ac-ed all future grants and con- sum due, &c. and tm-c-nc-mit thne same to firmations of hand, were directed to time Receiver-General, ac-nd to give time issue from that offc-ce. purciec-ser a deed, on payment of the Tlnese officei-s were tobe c-ppninted put chase money and interest. by the General Assembly, anti commis- 7. But nowarranet was to issue, nor sioc-ced. by the President oi Vice Pn-ec-i- any slmeriff to sell hands, wic-ere actual dent, in council, for five years, uniess settlements lmad been made byline own- sooner removed by the assembly; wec--e ers thereof, and such owners Ic-ad been t- c-eceive such fees, as hind theretcmfoc--e driven off by the power of thee eec-eec-ny. been allowed by law, until altered by 8. Lists of dehinequents were to be tIme legislature; anti respectively to ap- transmitted anneuc-c-lhy to tiee county corn- point deputies or clerks, for wimose con- nhissionen-s by time Laned-Officec-’s, dc-net ticey were to be responsible; and Time time wnnc- extended, lnowever, copies ofrecond-s, entries and records of from time to time, as will Imereafrer nc-p. stici office, dimlyattested by them, ortheir peac-’, until a c-new system was adopted, lawful deputies, under their hands anti ac-ed tincse impracticable parts of the c-cal of office, ac--u declared to be asgood law never lead any operation. evidence as tine original, by law, might By sect. 9. All lands therefoc--e sur- or could be. And the Stnrveyor- Genne- veyed under ac-ny graint, warn-ac-nt, loca- c-al was autheorized to appoint a depc-mty, tion, or other office right, c-cut retc-c-c--ned, or deputies, in any coc-nnty, fbr wimose were directed to be c--eturned ic-c-to the conduct he was made rec-eponsible. Se- Surveyor-General’s office, in time space curity to be givec-e by each officer, for of c-nine montlns ft-c-c-mn thee passing of’ the tic-c fc-ithcftnl discharge of ic-is office. act, -with a penalty for refusal or c-neglect Pee-soc-ms entitled- to any lands within in the deputy-surveyor, on application the ic-mets of thee Indian purchase, by made tohim by time owner or ownens, virtue of ac-ny grant, c-c-arrant, or location, and-ic-ic-legal fees being’ paid-on-tendered-. eeticer c-em law cm- equity, before tine 10th Sect. 10. l’n-escribea tine form of’ pa- of December, 1776, on wimicic patents tents. icc-el not maac-etd, were entitled to t-ec~h-e Sect. 11. The ianmeis to be patented c-nm patents for the same, on payment to time pursuance of timis act, to be Pc-ne ac-~d Receiver-General, of the purchase cnno- clear of all reservations c-nde’estrictiofl9, mcey c-c-nd aectec-~c-t thereon, or the ar- and- to be held in absolute and uncomedi- c-cc-rages of sc-~chpurchase moc-mey, anti tional property, reservineg only the fifth 19~3

lmac--t of all gold and silver ore for the flee, and the said secretary, with time 1784. use of’ tine commnn-c-venelth, to be deliv- approbentmone and consent oh tine pt-esi. ered at the pit’s moutie, clear of all dent or vice-pmeeident, to appoic-et days chman-ges of ic-caning,- and grac-et citatioc-es, at tine Sect. 12 But the act was not to be c-cc-c-soc-cable request of any party or per- coc-c-sti-ued to exteic-ci, or gc-ve validity to son aieplyic-c-g fat- tine c-time, or otleer. any grsmmt, warrant or location issc-c-eti wise us the case may require, takic-e~- after the 4th ofJuly, 1776, for any lands timec--efor, the customc-c-c--y fees of the for- or lots witimin teem miles of the city of mer Boac--d of Pc--open-i)-. Bc-it c-no deterneni- Philc-tdeipic-ia, or witiein ticree miles of c-natioc-c- of tic-is Bueti-ti of Propee-ty, sic-c-mit ac-my county tocvn lee tine State, or to c-c-ny be deemed, takec-e, or conste-teed to ex- warrant, grant or locationc- fur a greaten’ tend, ic-c c-tiny mac-sure -c-vhec-ttuver, to qc-nac-mtity of land tic-ac-c 50C) acres ic-c once tic-c pc--evcc-nting- chic-er of time parties tract, or to ac-my lands or lots c-c-nt grant- from bric-c-ginmg their action at time connm- ed-ic-c-the usual forms ofthe Land-Office, c-none law, elileer foe- time c--ecoveryofpos. or ic-c- Ic-c-c-dc- not witlc-ic-m time Ic-md-ic-c-n pun-— session, or determinic-c-g dannages fun- dec-se. waste or trespass, but the courts of law (Sect the eonstrc-tctinn of this section, sic-all reneec-tin cc-pen to thee said parties, ic-n In Hubley’s lessee v. Chew, (in thee note as ftc-li and c-temple nc-cc-inner, as if no tic- to cheep. 953, ac-etc. p. 15.) By a supple. terminatic-mn lead evec--heemm giveec-.” menmt to tine fcc-regoinmg act, passed June The tic-ices limited in tine act of April 2bthm, 17d1, (cheap. 936, c-c-c-eta. p. 7,) time Otic-, 1781, for time payment of tine pun-- won-d l~catiu,e,is defic-ntnd, and declue-ed dc-c-c-se neonies oem former rights, wcro to be “An application nec-dc by tony exteiedcc~for two yec-rs; and time tinne persone or pen-sc-ens +br 1cc-nd in time office fixed for c-’eturec-ic-eg surveys -was repeal- oftine secretary of the late Land-Office ed, cc-nd time Smnc-veyor-Gec-nerc-c-l -evees c-u- of Pec-meesylvac-nia; ac-nd eimtec--ed inn tine timorized to m-cceive n-etc-c-n-os of such sc-er— books of thee said office, neuc-neben-ed ac-md Veys, as sIc-c-il appear to ieic-n to imave sent to the Suc--veyoc--Genen-c-c-i’s uffice” been faithfc-c-hiy ac-md regularly made from Time president, or in Imis abseence, time tine hate deputy-sue-ve -oi’s,tic-cir ieeirs or vice-presidec-mt ic-c couc-ecel, was directed legal m-epresemetnc-tives,3 feer such further to sigc-e all ac-md every wan-rant and war- period as to Ic-ic-ne c-hail seem just ac-mcI rants of acceptance, resc-c-rvey and par- c-cc-soc-c-able; and no action, loss or da- titioee, as fc-ntiy as the ~-overnor of tine mage sic-all accc--ue to ac-my person, by late provieec-c-e, or conc-nmnsc-ionet’ of pro- reason of neglect ice complyic-ng witim tine perty, miglmt oe- eec-c-Id Ic-ave done. said sedtioc-m belbe-e time passing of c-mis Time Receiver-Gc-c-c-c-~c-’c-c-iwas directed act; in c-il oticer respects tlc-ese c-eetkmees to pc-ny all monies ic-c haemds, by virtene of ivec-1a coentic-nued inn force. (See the notes time said ac-el, to tine c-tate treasc-c-rcr, to tic-is c-c-ct, ante. p. 15.) onmce in every nnontie, to be at the dis- Time act in tIme text openneci time Lannil- posal of time ieg-islc-tc-c-re, to wieoenn he Office for thee lands pun-dec-sec-i of tic-c was to ec-ceouc-et oc-nce lee every yec-c-r Time Ic-cd-ic-nc- under thee proprietary governe. rate of excic-ange was fixed at tIme rate cement. Tine land-s ice the pun-chase oF of nec-c Ic-untie-ed and sixty-six and two- 1784-5, nrc i-egc-dc-c-ted by otieer lc-ws, tic-ic-dc- of the cueTency of tic-is State ic-er c-ic-c-cl tlne auction c-nyc-icc-cc- pc--ovid-ed foi ic-c- one hc-c-ndrec-l pounds sterileng. time thIn sectioc-e was entirely abandoned. By - the act of Sthe of April, 1782, Time tic-ic--cl sectjolm of this act trees (chap. 953, ante. p. 13,) tIme Bone-cl of cnnsidee-ed in time case of Cc--ant’s 1cc-- Property was institc-c-ted, to consist of see v En/dy, before cited. Time l:cc-ec-I~ the pe’esitient, or vice.presidec-c-t, ac-ed a claimed hay ic-c tine cotc-cnty of Nortlec-nnc-c— member of the supreme executive cc-olin- bec--iand~ Tic-c defendant claimeti c-cc-i- cii, appuiec-ted by council for that pur- der it c-cc-ember of almphic-atic-mns ac-md war- pose, c-c-c-c-ti tine tine-ce c-effleers cc-f time Land. n-c-ends, ac-md sue-veys tlmeenoc-m nec-ac-he, hint Office hectic-c--u named “to ic-ear c-c-c-md de. centificate- tic-at tine Ic-cc-cd, were unitn— ten-mince ic-c all cases of cnnc-te-c-cvee’neyone ca- proved, was subc-crihcd by twce jc-c-c-eicn~~c-e veats, c-n all matters o1 difficulty, on- ic— of tine peace of Lntzernee ceolc-nnry, anti tine regularity, bc-c-dc-meg es~imeais,cvc-c--rc-ic-nts wc-c-rrc-nmts cc-c-lied fine- lands in tic-at county. one esclnec-c-ts, wan-n-ants to agree, rigints Time ridge bcttweec-n tine east ac-nd west of pre.ennletnon, prnnmises, impec-fect Ii- bn-eec-eclncs cc-f Stnsqenehannma, wec-s once c-cf ties, or otheerwese, wlc-ielc- lncti-ctol’oe-e time linc-its of tic-c two cottnnties, but b- ic-c-eve, or heereafter may arise, in traces- aimpec-c-e-ed in evidence (beet time sec-flee hiatt actineg tine bc-c-c-mess of’ thee ic-dc-c-I Land- not beenc- nnc-c-c-. Office. Thee secretary of time Land- Tic-c defeendannt’c-n counsel begaee ticei.t’ Office cc- empowered c-nd directed to evidence by o!hi~ric-cgto n-c-c-ed tineb- ic-a/- c-’ccetve ac-nd enter caveats ic-c- his educe, in~warrant. It described “400 acres copies wlmereofto be tretemsec-mittedtc-e ac-nd oem tine nmain bc--nc-c-eli of big 2l~1nnpprn~v entered inn thee Suc-’veyor-Geteeral’s of- creek, begic-eneing c-c-bout U~nc-iJ~~iro~c-~ ‘VoL IL B 1.94

1784 time moMth of the said creche, where it of a certificate, Øc-’ f~ran innepropec- pc-me. The object of c-he legislature was to pre- ‘ forks on time south branch, (near which stands a birch tree marked witic- a veot persons obtaining a tithe to hands blaze,) wleIch empties into the west which had been before occupied and im- side ofthe north east branch of Susque- proved, without paying- interest on time hc-anna, and adjoining lands this day purchase money dc-c-c-ic-mg sc-mch occupation. granted to Chc--istopher Marshall, sntu- Here that design was fully answered. ate in Luzerne cotenty. Tine certificates both of the plaintiff ac-id Timis was objected to by the plaintiff’s defendant sheer that the hands were wheol- c-c-c-c-c-inc-el, vc-ho contend-cc-I, tba. antler the hy uc-.improved, and no fraud could posse- tic-ic-cl section of the act in tine text, eve- biy be intended against c-Ice state. The ry applicant was boumed to prcmd-uce c-i boundaries betweentime two counties could certificate from two justices of thee only be guessed at. i~ace of the pc--oper county, that the To tine cases already cited by defend.. lands were unn’tmproved. This, thec-c-, is ~ counsel may be added. Under thee an essential pre-i-eqtnisite to vest a title act of assembly of4. ann. it cc- directed, tender time conec-moniwealtic; c-nd tine cer- that it shall not be lawful for any sheriff t’eficate wleereonn tine defendant ground-c- to sell, or expose to sale, any ic-ends, &c. hic- might, miglmt with equal propm-iety whc-clm shall or may yield yearly rents or be given by two justices of Aliegieaeey or proflc-s sufficient beyond c-li raprizes, to pay ~thmerremote county. Besides a war- time debt and costs within c-even years.. rant to appropriate lands ic-n Luzerne Nevertheless, in c-Inc case of De:nca,n’s ~otc-c-nty,will not auchnoc--ize a survey of lessee v. £ac-c-re,nce, at lflsi ?rius, May. lands in Northumberland county; (see 1769, at Carlisle, it was resolved, c-mat the tic-is point c-mete.) ac-nd the defendant Un- want of an inequisition did c-not Viiic-c-c tic-c sale, where it was evident, that the debt d~rsuds wae’rc-nts, cannot lmold lands ins and costs could not be satis1~edwithin the latter county, seven years out of the annual rents c-nd Tine defendant’scounsel insisted,that profits. Let the warrants be read. time warrants wet-c clearly good- against By an act of time same date as the act the commonewealthc, after they lead received them’ pc-c-c-’cimase moneey, and third ic-n the text, (cheap. 1089) “enabling tine comptroller general to issue certificates for persons Inc-ed nothing to do with tIme cer- the balances due on the c-eeoc-c-nc-s of the tificate. There ate c-no negative words hate ranging companies, raised for tine ~n the law in question, wheiclm deciac--e defence of time frontiers, and oUmer ac- that- warrac-nt-s issued otimerwise thac-e counts due to the citizens of tIc-is State.” the law pe’escribes sic-all be void. No The certificates issued in pursuance there- injury can be done to time State, because of borean nnterest of six per cent- per ac-c- the section relied- on directs, that the person applying c-Icc-il produce to’ thee c-c-urn, freon thee 1stofJuly, 1788, and were made transferrable in inke manner as pro. secretac--y of the Land-Office, a pan-ticit- missory notes are, aced the said certificates ic-cc-- description of the Ic-ntis. The stat. were declared to be receivable as specie j3 11hz. c. 10, says, that all leases c-nc-dc in payment for time purchase money of by any persons tinerein mentioned, coin- Ic-ic-dc-, either within the hate Ic-mdic-n pc-c-r- trary to theetenor of that act, c-inc-li be elease, or the new purchase when remade, utterly void, anti of c-none effect, to all in- agreeably to the regulations of the act lit tenets, Coen8tTedCtiOnc- and- pc-c--poses; yet it the text. ic-as been adjendged, c-that a lease made On the 21st of December, 1784, an by Deane c-nd Cinapter against time said c-ct was passed, entitled “Ac-c- act to c-ic-cr statute, sic-all not be av9ided, during thee c-nd amend an c-ct of assembly, acetic-led life and continuance of the dean cleat “An act for opening the Lanc-d-OfFece, for eneadie time lease, 3 Bc-c. c-br. 391, 1 grantic-eg c-nd disposing of c-he unappropri- Black. Corn. 87. So, wleere certain ated lands within tlmic -state,” (Ic-ostc statutes have directed ivan-ac-mIs to is- chap. 11fl.) sue uponc oatle, and tleey leave issued At thee passing of this c-c-cc-, the result of -without oatle, c-tihlthey leave been held tine treaty at Fort Sta,nwinc, in the month good. So, a moi-tgage though not re- of October pn’eceding, was known: and corded within c-inc months, has been re- that Plc-cc creek, instead of Lycornic-c-g, Wits solved to be goc-d against the nnort- the western bouc-edary on time north side gec-gor. 1 Dallas, 430. And seven-al other cases of tit~same kind are put by of the West Branch of Suequehanna, of thee purchase of 1768, and tic-at Pint- creek the chiefjustice ic-i delivering tine opi.. wasmade the boundary of deeds ofG)cto- intone of tine court. ben annd January, 1784 and 1785, in con- .By tine Covrt, ‘Ihe objection appears sequec-nce of thee enipiec-nations c-nd declara- tons to he ihigrounc-hed. Sc-c-cie ic-c-forma- tions nc-c-dc by the Indians at Fort Stac-n lutes cannot, c-en ouridea, defeata riglnt. wix- ‘I~lc-ewords of the act are merely directo- Tine fohhow~c-egfacts c-ned circumsta-ec-cec- c-p’, a-nd tb not avoid a warrant far waset. were also well. Isnovten. Tic-are existed a gr~atnumber of loca- zes the laying oc-c-t the lands in time n~w 1 7a2. tions of the third of April, 1769, for the purchase, ic-c- lots, and selling them by pub- choicest lands on the West Branch of Sus- lic c-c-cc-non; and so far as it directs, aced quehanna, between the moic-c-ic-s of Ly. enables the officers of thee Land-Office to cornlag and Pine creeks; but the proprnec-a_ give cc--edit for any part of time pcc-rchnase rico, from extreme caution, the result of monmey, or to take bonds for the same, is tic-at experience, which had also produced repealed. the verypenal laws of 1768, and 1769, It was declared that time Land-Office c-nd the prociamateon already stated, had sleould be opec-ned for the c-mdw pc-released prohibited any surveys being made be- lands from andafter thee1st of May, 1785, yond the Lycosning. In thee mean time, c-n and nmat sooner, for applicatiomc-s fan- lands violation of all haw,a set of leardyadventu- withc-in the same (time hands a~c-e-opniated rers, had from tic-ne to time, seated timem. for the redemptioc-m of depreciation certi- selves on this doubtful territory. They ficates, and the donation lands to the offi’ made inc-provements, and formed a very cers and soldiers of the Pennnsylvaemia line consc-derc-ebie population. It is true, so far only excepted,) at tlnmrty pounds for evety c-cs regarded the riglets to real property, inundred acres, ac-ed in prope~rtionfor great- they were not under thee protection of the en-, or less, quantities; atecme apphicat’nomc-, laws of the country; and were we to adopt or the survey thereof to be made, c-c-at to extime visionary tlceories of sonic pleiloso- ceed one thousand acres and allowance, phers, wico leave drawn their arguments &c.; and every applicant for any of tl~c from a ac-Imposed state of nature, we rnc-ght same lands, shall, before the warrant fo~ be led. to believe that thee state of these the same ic-sue, produce to time secretary of people wosc-ld leave been a state of conti- the Land-Office, ac-c- acquittance, sigc-merl nual warfare; and tlmat in contests for by the Receiver-General, that the purchase property the weakest must give way to money has been paid; and the bills of the strongest. To prevec-et tIme coec-sequen- ce-edit, of time 20tic- of April, 1781, gold ces, real or supposed, of this - state of itnd silver, ac-ed thee certificates described things, thmey formed a mutual compact in thee act in the text, shall be received ic-c- among themselves. They annually elect- satisfaction ofall purcimase money. ed a eribunai, in rotation, of theree of their Warrants issued in ptnrsuance of tic-c-s settlers, whom they called fair play -nc-en, act, were not to be confined to any parti- who were to decide all coc-etroversies, ac-ed cc-c-ian- Ic-lace, but mightbe located upoc-e any settle disputed boundaries. From their vacant laced where the applicant should decision there was no appeal. Timere think fit, (except as aforesaid,) the sur- could be no resistance, The decree was vey not to exceed the icc-nc-ben- of acres ex- enforced by tine winole body, who started pressed in the evamrant; and the sac-ne to imp in mass, at the mandate of tic-c court, be located and surveyed in one tract or and execution and Cvicc-ion were as sudden, parcel. and irresistible as the judgment. Every Ac-ed wlnereas divers persons, wleo have new corner was obliged to apply to this heeetofote occupied and cultivated small powun-fici tribunal, and upon his solemn tracts of Ic-c-ed, without time bounds of thee engagement to submit ic-n all respects, to purcicasne madç as aforesaid in thee year the /aw of the laced, he was permitted to 1768, and wic-lein the purchase made, or take possessiomn of some vacant spot~ now to be made, have, by c-heir resolute Tlmeir decrees were, however, just; and stand aced sufferings during the late war, wlcen tleeir settlements were recognized merited, theat those settlers should have the by law, ac-mdfair play Ic-ad ceased, their pne.emption oftheir respective plc-c-nc-ac-ions, decic-euces were received in evidence, and it is ec-nacted—That c-it and every pen-son, confirmed by judgnements of ccurts. or persons, aced their k’,gcel c--rp,eecnntatives, The facts and circumstances above stat. who has, or have hcuretofore settlt~d,ore ccl furnisln thee history of many of time pro- the north side of thee WestBranch ofSos- veacons ol tic-is act of Decec-neber, 1784, queimanna, between .Lyconaick or Lycorn- winicin follow. tag Creek on tine east, and Tyagaghton, or The legislature declare, that the direc- l’mnee Creek, on the west, as well as other - c-ions c-n the ace ic-c thee text “did not give hands within time sc-id rec-eduary purchmase c-nor oughet to be conestrnc-ed to give, to the fmoc-mn the hc-ediac-is, of time territory wc-thec-n said commesenoners, any atmtinority to as- chic- state (excepting always the lands cerc-aen, definitively, the boundary lines hc-erein before excepted,) shall be allowed ~ aforec-sand, and tIc-at tine lines of tine pun- right of pre-emptioc-m to c-beer respcctc-ve - chac-e of 1768, strc-kic-c-g- the line of the possessions. at,time prc-ce aforesaed. West Bra-ench of the river Susquehanna, Bc-ct no pcrsoc-e was to be entitled to at the mac-cc-h of Lycoc-nick or Lycornic-eg such pre.emption, uc-eless he lead made Creek, shall be tine lc-oueedatiea of the sc-me such c-cctutl settlement before the year pun-chase, to all legal intec-mts and purposes, 1780, and no claim was to be admitted, until the gec-eerai assembly slmahi otlcerwic-e to or under nc-ny suds person, for mona rc~gulateand declare time same. tic-ac-c three leeendred act-es of land, weth Time a-ct ic-c-tine text, s~~r c-Is c-.t autleq- t’~eus~i~Iallowamece for toac-Is,to be cur- 196

j ~4. n-eyed together, anti he one tract, nor Bent neitiner of thee parties less any legal unless apphicatione for the sathe be matTe, or equitable night bc-nt under the act of ac-cd c-lie consideratiocn thereof tendered P1st of Dccc-mnc-ber, 1784. Thee settle- to the Receirer-Genereel of tine Land- ment on this ic-c-cd was against law; it Office, teen or before thee let of Novem- was c-n off&nmce c-heat teinded to ic-c-voice ber, 1785. tic-is c-nc-entry in ic-loud. Bitt time merit The following cases leave been de- acnd stcffei-ngs of the c-etc-c-al settlers can- cided tender the pe-e-emptionn clause of celled tic-n offence, and thee legislatuce, tIc-is act. smmindfic-l of thc-eie- situatioc-n, provided this Lessee of ~fo1ezeHug~cs v. Jkne-y special act for tine’ir relief. Tine pvc- 1)ouginerty, Hortlsenmnberlacec-1, October, anibie recites their “resolute stand and 1791, before S/i~ppe’eand Bradford, Jus- sc-tfferings” as deserving a right of pc-c- tices. MSS. Reports. emptionc-~ The heg~slatenrehead c-c-n eye Ejectment fat’ 324 acres, part of tlee to anyperson -who was not one of thee Indian lands. occtcpiers eefter time commec-neement of J’iaint’c-f}’ claimed uneden a warn-ac-mt is- thee war, c-nd a. tc--cenmsicnmt settler renmc-ov- sued on thee Pd of May, 1785, for tine ed, (nec-n matter how,) is lent an object premises, c-end a semm-vey c-made tinemneimm, of thee law. This is enter coc-cstc--tictioc-n of 10th of January, 1786—Thee defendant thee act.—jamcs Flag/Icc, under whc-om cc-n thee 20th of June, 1785, enetei’ed a time plednctiiF claims, died befone the eQtCaf against tic-c claims of time inhac-etilt, war; the nc-leer occc-npied the premises. aced on the 5th of Octobec-- followincg-, after, c-c-md inc the hec-nmgteage of tine act took out a was-i-ant fec-r the ic-ned in c-Tic-- cc stood and sufiered.” If tic-is canstrenc—5 pete, on which he was tinen settled. tion be rigiet, (lee case is c-tan cc-ed. Be- Both claimed the pre-emption undertime sides the plaintiff claims as Imeir of Tieq— act of 21st of Dec.ec-nher, 1784. And n-cc-as, when was thee hem- of ~fa,nes, thee on the evidence given, the factsappear- first settlec--. I will not say c-ice Fairplay ed to be; meci coec-hd nc-c-he a law to b’ec-cd thee set- That in 1778, one ,7amee Hug/nec-, a tlers; bc-ct they might, by agreeneent,bind brother of the plaintifl settled on the themselves. Now Tinoc-nas wets once of land ic-c qetestione, and nn~desoc-ne small thmese, c-end. was b~urcdby Ic-is conedec-ct, icmc-provement. In thee next year lee en- from disputing the rigic-t of the de- larged leis improvement, ac-ed cut lega fec-c-tic-nt. to build c-c- mouse, In tIc-c wintee’follow- The ~varrant, it c-cc-nc-a, is tec-keem out ~ng, he wennt to his fec-tImer’s ic-c Donega4 ice thea name of tints Ic-c-Ic-ce’, ac-c-cl, it iS in Lac-mcaster ceitntSr, c-nd (lied c-~iere, said, as a trustee her heis dIe ildren. It His elder brother, Tic-nc-nor, was c-st that CS sometimes dec-me far tIme benchit of all time settled an time Inc-ditto Iacntl, nc-end (c-nC cancernu:d, If tic-ic-c be time case, it may of tln~ “ Fair plcey c-nec-c-,” who heed as- be well enocigin ; but still it is nc-cc-c- so sembled togethc-~r,ac-md made a resolu- regular as it might lean-ne been. Tic-c ju. tion, (wte’c-cie tic-ny agi-end to enforce as e-y tic-c-c-nd a n-cc--diet foe- time clef’ec-nriannt. tine law of thee place,) c-Jest “ if eec-ny per- Lec-se of Morgcc-cn Sweenyv, 7o/ecn ‘Abner, son -was absent from ic-ic- c-ettlennennt flit’ at thee sc-nc-c cc,c-c-rt. nix weeks, lee should foc-’feit ic-is c--ighec-.” Sbc’ppen,~J~ehc-am-gedtine jnnc--y as folhe,ws; In tIne c-pc--ic-mg of j7~t5, the defendant It uppeae’s, tic-at botle plec-ic-etiff and tic— came to c-inc settlement, and was ad- fendnsc-et leave warrants for time Ic-ned in vised by tlc-e Fair play n-nec-n, to settle on dispute, tine deftndant’s beic-mg one day tic-c pc-’omises wlcicis Flag/eec lead heft. older tlmane the imlaintiff’s, ac-c-cl tic-c qec-es-. r~~leiS lee did, anti built a cabin. Tine t’c-on ‘is, whicln of’ theem, aim tine Iactc- laid, plaintiff soon after came, claiming it before us, is entitled to pt’e.enption, ~n right of mis bnoc-Jnen’, c-nc-ti aided by tec-mdei’ the act of Plot of December, Tic-ames- liuginec--, took possession of thee 1784. cabic-n. But tine defec-edant collecting Tine theta an-c clear; To,eerwent ic-pon Jnis friends, an affray ec-msc-ned, in wic-ichi thee Inc-linen land in 1773, ac-nd mac-he a hug/eec- was beatenn oft; and time defitnd- settlemec-et; bc-nt he excleanged tlmis fec-v c-nt left in pens-eec-c-ion. He comnticec-eetl ac-eotieer, on which lee conetiietc-ed with a to improve; built a hoc-c--ce ac-ed c-table, and view to nec-he a setticec-ment for iejec fec-mi. cleared abonet ten c-cc-es, Inc 177$ ice ly, till the wan’ he-oke out, ac-md then-c was dc-in-en off by tine cc-enemy, and went was c-c- call for soldiers. He ic-c-chic-med to into thee c-en-sc-ny. At thee close cc-f tic-c war, list, bc-it n-c-c-es afn—,eid of losing his ic-ned, hoc-h pheec-ntjffc-n~cItief’enchic-nt rerumnmed to and ic-is fnieneds eec-tempted to dic-esc-c-ade tlc-e settlement, each chinning thee Land ic-ic-c-c-. However tic-ey pe-omiseci te, pc--e. lU dispnae. serve Imis settlement fun Ic-im, and he in- 9hippen, Jin tine chec-c-ge of time c-aunt, histed. ~and, 1 he dnsputee Ic-crc is between a In 1775, tIme plaintiff went up, and ferst nm~ne-ovement,and a suinseqc-c-ent, thcere was some contract in writing, by ~nt hi’c-uc1~p~oren-ethic-c-c-ic-ic itTeprov~ment. way a~lease, between him etc-ed Tontr, 19~ c-nd by virtue of tic-at, lee entered into c-lone might, in time abstract, appear equi- 1 ~84. pnssessioc-e of tlee premises. Thee tee-nc-s n-ac-cc-i, cited anc-bigc-moc-c-ce, it c-vets expla’encd c-c-.....n-.....~ of thee lease-were, that lee c-mould make by time sc-c-Ic-fcc-c- cc-nc-nc-tee’; eec-cd ic-c-c-ti, cx vi c-ar- c-em-c-sin improvements on the place fTw c-c-c-icc-i, importic-mg c--ealestatc, the legal n.e. the benefit of Toner. 1his lease wets pm-csentative nnust, inn legal conetempla- deposited in the hands of a c-Ic-md per- tion, be tic-c iceir, mend. not thee adccc-inistra- son, c-ned time phaintiff’s wife, by me trick, toe-. .Iudgnc-cc-mt for thee plaintiff, accord- got possession of it; ac-nd c-i-ce c-icc-I leer ic-ngiy; 2 Dallas, 205, hush-nc-ed deten’mic-eed to dec-c-coy it, anti Aced ic-n C~oc-tc’e-lessee, v, EJc-ple, ic-c the ~c-oc-snake thee pisece their ow-c-c-. Tiney supreme c-nec-nt, Jac-nc-mcee’y tevnm, 1794. It c-antic-eec-ed thcene until driven oft’ by tine wets dec-en-c-nc-ic-c-ed, tIc-atic-c- an ejcctc-encnt lot’ enc-emy, Duric-mg cell tieic- time Tec-ecr was icc-ntis, claimed by prc-cennptiacc- c-c-ceder (leis absent from thee settlement beet in tine act, it was indispec-c-s-abiy c-mec-cvsary, to scm-vice of ic-is c-nc-entry. Hem-c tic-c ques- she~~’ic-c evidec-ccc, ticat time icc-sc-n- of thee than of law am-ises.—It was attempted plainctifi’ had paid or c-eec-c-icc--ed the consI— to canfoeend this eec-se witin tic-at of’Hug/nec- dc-nc-tic-c-ic- thei-eofto (ic-c .Receiven-Genceral, cc-nc-b Dougherty. There thee court con- c-nc-c- or bcfon-e tic-c ic-ct of’ November, 1785. sec-hi-red c-heat Eec-glees died befon-e tine war (MSS.2 Reports.) commenced, nec-c-ti tleat thee cc-inject of time Ic-i 11’(Joc-en;l’c- lessee, c-’. Poe-tar, a act c-eec-c-id c-c-ever reach to helen. The Ic- pi-e.cc-snpt’eonc wan-nec-c-mt ge-minted to time plc-ic-c-— gisiatun-ne never intended to obliterate tifi ice ejectc-ncc-mt, c-c-nec-icr tic-ic- eec-c- of Dc— tIc-c ofl~nceof these settlers wlco did cemnber, 1784, thc-oc-c-gh ice Iced cc-nt bcsec-e c-not coc-c-tintc-e their possession dec-n-ic-mg time one time pre-ec-nc-ptioc-m, oe’ Ic-ethic-n 1cc-ends, war, Dougherty settled. in thee place of sic-c-ce time commc-ieec-cennec-c-tof(leelate c-vat’, .Eleeglnee’, but ic-n lets- civic rig/nt, ac-nd ic-e’bc-cght was held to intitie inim to recover agaic-ist lcimsehf within the mesec-cic-eg c-med ic-c-ten— a cic-vfec-mdsc-c-c-t c-n-lien ic-ac-i c-not takeic- out Ic-is tiumn of tic-c act. ‘I’lmat cc-c-c is very tic-- Wec-l’c-’aentUeltil after thee 1st of November, tinmgc-cishabie from tIc-is. Hene a eec-an 1785. Ins c-lie suprec-ene coc-ert, Septem- continues his impc-’ovemenet after the ber term, 1794, (MSS, Rcpon-ts.) commmcencemecmt of tIme war, till, at time Tine 1cc-c-c-do setapeent foe- thee e’ecicmmmptioee call of ic-ic-c c-ac-entry, he leaves it, He of the dcprcciauicn certificates, ac-nd few did c-not by tic-ic- rciinqc-cishe ic-is reeeideimce; tionmation to thee of1i~ersac-md auldiec--s of c-cc-md we coemsider heic- meritas equal with tic-b state, ins tine fBc-leral at-my arc dc— tic-at of tic-ac-ce wimo staid. We think Inc scc-’ibed, ante. peegc 62-64, (cheap. 996,) is ac-n object within time c-pie-ic-of time act. and sc-u tine act for disU-ibteting time domc-a- Besides, thee l-1~c-intiffwas the tenac-c-t of tints icc-teds, Ic-not, c-Ic-sc-p. 1128, ac-nd the tine dcsfendc-ne, ac-md kept possec-jsionn for notes thereto subjn’ic-med, - leim,c-end his iuc~t-ovementswec--e Toc-eer’s-, See thee c-ct for time himitsttioec- of ac- Tic-ce plaic-etifi Icc-s also declared, that lee tions to be broc-cghtfor time inhenitac-nqe or iimnede men improvemcc-c-t for inimseif ic-n possessinec- of i-cal pe-opet-ty, posL c-leap. cunotic-er place. Theis is time iaw, tend 1134. ac-cc-i the nec-,tes c-hereto subjoic-mecL c-lee fleets we sc-nbc-c-mit to you. Vise-diet Thee act to provide ftc-c-c-herregec-iatioems, lien the defec-ndec-nt. (MSS, Repoe-ts.) ~viccrcbyto eeeceere fais’ ac-ed cqc-nec-1 pro- S. C. with thee aegunscemc-ts of couc-c-se1~ ceedic-ngs inn thee Lac-c-tl-Office, - ac-md in time 2 Dallas, 129, surveying’ of lsecmds, (cheap. 1153,) was In Deec-ecan’s lessee v, flTalLer, thee case passed one time 8th of Apn-il, 1785. was; a pee-son of thee name of’ Campbell, Sect 2. The office c-n-as to opec-n on time be-ic-mg c-c- settler within tine descriptionc- of fIrst clay of May, 1785, cued to pc-en-cot tine c-c-ct, died in 1781, before thee act c-il c-tic-c-lice pe’efc-srecnccs ;—from ac-cd nc-Ic-cr passed His heir lead aolc-l time premi- time time assigc-mcd, uc-et’c-l thee eec-ti of thee lea, being pitrt of thee pre-emptiOn dis- tec-eth day tic-et’uaftc-c-c-’, being c-lee den-cc-c-tic- c-n-net, to c-lie plc-c-houR; nenc-i ic-is admmcinis- c-inc-v of’ time cc-conic-ic-, tic-c seec-etary of tint’ tc-ators, withoint c-tiny oe-der cc-f cc-eec-it, ic-ad Lsc-c-ed-Officc, cc-pane tic-c lteccevcr-Gene- ~c-c-1cltic-cc-n to tine defemndant; and botle rc-i’s receipt bc-ic-mg sleewc-s to hmc-nn for time pIaec-c-tifi c-end c-lefcc-mdec-nt hued takec-e out c-n-inc-c-he pc-nrc-lease nc-nancy, cc-nd c-not otlc-cr— wam-m-nc-ets wntimc-n thee hic-c-’eitetl time tieoc-egh wise, was to e’eccive cc-li applications iceitieer iced obtained a lc-atec-nt. Hence nc-sc-vie to ic-ic-c-c- for isec-mds in thee steed icc-tn the qnc-estioc- ac--ac-c attic-u trial, c-nd was pc-ee-cimsese, c-cat exceeclinc-g one tli~usacid reset-red for - time ~pic-mionof thee coec-rt, act-cc- inn cc-nc-C apphicatc-oc-e,c-eenenbenic-c-g tIc-en-i whether tic-c rnghntof ien’e-enmptinnm, rc--ant. c-cc-pectin-ely,from c-nec-nc-bee- oree, after time ed in tIne tee-nec- of tic-c act, c-ic-nec-Ic-I vest c-ac-eec-ic-one ~c-c’c-c-ge’ess’non,to thee ic-st whmiche - c-c-c- c-Icc real, am’ tic-c pee-soc-cal m-epresentc-- sleoc-eid be received witlein time sac-ic-c teves of thee grantee? ten days; every application to set foe-tie After argument, tine coc-mrt were of in woj’ds at lcnngtic-, and c-not ic-n figue-ec- opinion, tIc-at by tic-c won-dc- Ic--gal c--qc-c-c-’e- oec-iy, tic-c niembec-’ ofact-es asked by earle i-cc-ntac-eves,” - lmeirc-, or alieneecce, eves-c to appiic-ac-et respec-tiv~ly: a lottery Was be uemchee’stuocl; Ion, tic-ougie the emtint’c-s. tier-ce to ~)ec-cc-cede, c-eec-i pi-eferec-ece or pc-i- 1784. ority c-b be g~n’cic- to the warrants accord- be doneconcern’inc-g such wan’rant; wimicic- ‘_~~ inegly, which were to be numbered ac- book was to be open at alt seasonable - cording to time decision of the lottery, hours to every applier, wico was entctied and to be dated on time day on wicich the to copies of any eec-try thereinm, to be cer- drawing sleoulci be fec-c-ic-bed. Ac-ed all ap- tified c-s sc-cc-h, and signed by such clepa. plieationc-s made after the sc-id teen days, ty-surveyor. Ion lands within the said1cc-c-c purchase, Sect, 5. After thirty days fnorn tic-c ~mec-deas above directed, were to have date of every such Ware-ant, the prnontty pr’noc-’ity ic-i tIme order ‘en wlc’ieh they came of wic-ich depec-mded on time lottery afore- to the sec-i-etc-try’s bands, and be num- said, but neat sooic-er, (lee deputy to c-n-Ic-ac-ne bered. accordingly, and, not othieecwjse, c-ic-c sac-eec was directed, was to proc-ieed to Sect. 3. All warrarets ic-sc-c-ed for hands execute it ic-c tine c-c-sual maimer, c-f c-c-- in thee sec-id purchase, were to be direct- quested by the owner or Icis agent, gw- cc-I by the Surveyor-General, to the tieic-mg pe-eference always to tIc-c lowest nc-s pc-ety-ac-c-rveyor of c-omc one district with. c-nc-ember of tIc-cc-c eenexecuted warrants inc-lie same pete-chase, timat it might be which had. pome to his is’ends, in case duly execc-c-ted, and tine qc-cac-elity of Ic-nd the owner, or Icis agent was ready to therein specified, c-ui-n-eyed and located, proceed with leim, ac-id direct ic-nm to according to the tenoc- of such warraemt the place where lee desired helm to cxq- but if land, to the satisfaction of such-i1 cute it. c-n-ac-ri-c-nt ownercould not be founmd within Sect. 6. fltc-t nbc-me of tic-c sc-id c-veerrcc-nnts. c-ucit district, the deputy-stnrveyoi’, on which were not flnec-iiy lodged c-nc-i heft the desire of the pet-son inetitled to thee with one of c-lee depc-c-Ly surveyors of tic-c. same, was to cec-tif~’,by writing ‘endors- Ic-cc-do within c-ha late purchase, for sur- ed on the warrant, in the presence of vey and locatboec w’c-thsic-e c-lie district of two sic-bscnibing witemesses, theat time sc-me such deputy, before time thirty days were had notbeen executed withinIc-ic-district, expired, were ic-c-tithed to pt-iority, but c-nd tic-eec c--c-direct the sec-nc-c to tIne de. - were to be considered asposterior toany puty-surveyor of some other district, warrant that had. been lodged c-n-ic-ic-in time wleo, upone suds warc-’ant being produced thirty days, ac-cd. to be surveyed c-uid. lo- to him, so cen’tified, was to proceed up- cated c-ccordineghy. on c-nd execute thesame, ic-c- like manneer Sect 7. .4ny pce’soc-n having mc-night tq and with the like effect, as if it ic-c-ti been cc-. warn-ac-nt for lands w’c-tle’c-c-m tic-c c-cc-id 1cc-c-c so directed. to him by thee Surveyor-Gene- ptuclesc-se, c-visa sheoc-c-id. desire it to be lo- ral, - cated to a part’icuhar place, tic-c deputy, Sect.’ 4. No dcputy-scn’veyor c-n-as to in whose hands thee warrant sleotehci be, execute c-ny such was-c-ac-nt, unless it c-n-mis was to make c-nm enti-y tIc-ereofic-c- his book directed to leim as aforesaid, nor was aforesaid, and aftei’wac-ds to survey it ac any deputy to proceed to make surveys cordingly, unless some pen-son ciaieeiing’ upon ac-ny warrant within the said. late unden’ a warrant intic-ied to priority by ~cc-rchccse,until the expiration of theirty time lottery, sleoc-iki insist on leaving heiec- lays after thedate of tine c-van-retest, wlnic-h surveyed. at tIme same place, in wield,. for pc--dee-cc-nc-c or pr’toe-it~-,was depesmedc-net case thee warrant so iocated ac-ed super- ore tic-c lottery; c-c-nd during time icc-st twec-n— seded, was intitled to a sec-ac-ed locations ty of c-Inc-c- said tle’c-n’c-y days, each deputy as befbe’e, liable to a claim uc-eder anotimn-c- seitieic-~ thec c-aid I-ate pees’c-isase, was to prior wec-srant, c-es before, ac-md. so, toUc-’,c- keep hic- ofhice open, and personally at- qc-utiec-, till the same c-honk]. be c-ecc-d’c-s~ tend therein, ac-least six hours ice every puted. But ac-my pee-soc-n, before survey of thee sec-id twenc-ty days, (Sc-endays ex- made, migint nec-nounc-ce Ic-is location, and cepted,)for tine pc-en-pose of reee’c~cingthe withdc-’c-w ic-is ware-c-c-nt, and heave it c-Ct’t’c-” warrac-ets to be issued, and d’u-ec-ted as fied, redirected and del’nven-ed. to ac-eoc-Ieee- -c-Ion-cc-aid, and cveey depeity was direct- deputy withic-s the same purchase, aced. ed to certify in writing, to thee Sun’veyor- again, ic-c tic-is same manneer to anotheen’ General, on or before thee first of May, deputy, till tic-c quanc-tity of hand tIc-en’ebc- tic-c piec-ce c-n-ic-crc he was to keep Ic-is office mentioned was surveyed and estabhisimed. open fbr time purpose aforesaid, timat all Sect. 8. Alt wan-n-ants ic-c-teed c-ic-cr (tic-c pec-soems c-vheo mighmt apply for ic-c-c-dc- miglet pt’ion”c-ty of which depended oc-e,)tic-e draw. be dc-dy ic-c-formed tieen’eof; and every tic- ic-mg’ of tic-c lotten’y, for ic-c-edo wic-hine thee piety who received ac-my such wec-rrannt, sec-id pec-rcleasc-c- were to be execeetuci ic-c- was directed to make fec-it’ and c-Icc-i- en- thee ordec--, c-med to ic-ave pe’efic-rence of trees of all sec-cit c-n-arc-c-nets put ic-ito lm’is survey, cc-s they were earliest delivered. hac-eds, c-nc a book to be provided by him to c-Icc deputy of thee district to whom for that peee’pose, distinguishing therein tic-cy were directed, who was to make thee names at’ tic-c-c grcc-ntees, qc-eantit’ies of survey tic-en-eon; and for c-heatpurpose thee land, nnumbee’ and. date of each warrant, Sc-ervcyor-Gec-neral wets to register tIc-cc- and thee day on which he received the warrants ic-i the ordec-’ they cc-c-see to isis ~amai~espeetivei , ~nd wleatever c-hoc-c-id 1 ‘ofiicg. Mid eyc-tI~ysurvey of lands cc-’itic-ne 1~9 the said pee-tIc-ace, eec-ado ~npursuance of Sect, 1$. Thee islc-nds in the nero pier- 1784. tic-is nc-ct, ac-ed. of foe-misc- acts fec-n- opec-ning cbase,in both brancic-es of Susquehc-anna, cc-nd reguiec-ting c-lee Land-Office, was to Ohio, Aiieglscc-c-y&Dehaware, Time appro. bedulyn-eturc-ned. ic-ito tic-c Stc-rveyor-Genee- priatedlaneds nortlc-westofthe riven-s Ohio rai’s office, etc soon as conveniently ac-nd Allegheny, ac-ed. c-he pre-cmptioc-c- to miglet be, aftes’ survey made, ome paymenct one thousand c-cc-cc- at the forks of Sin- or c-eec-tier of tic-c semrveyiemg fees. Ac-cc-i neereaheonieng, gc--ac-c-ted to general James surveys mac-ic anal- before thee tle’erty-flc-st Potter, c-n-crc reserved. froeme application of Dec-ember, ic-c- any year, and, c-not re- aced, tlec isiaec-dc- were directed to be sok~ turned inc-to c-lie Sc-erveyoc--Genee’al’s office by public auction, ac-md cc-Il occec-pancyof, on or before time last dlay of March, in or damns thereto, were declared void, c-he year next foliowinmg, c-vere to be void saving tic-c pre.cc-nnptions of Monc-our’s as to Ic-etc-see surveys sooner n-etc-n-nc-ed c-nc-I. ielacnd to genee-al Irwin. flied in the office of tine Surveyor-Gec-ee- Sect, 14. Time puem’esic-mec-c-t was pc-c- i-al; anti if suc-Ic- avoidac-ece inappec-med by scribed for c-meglec-t and refusal to per- tic-c neglect or detisc-eht of tic-c deputy wino form any duties enjoinedby tic-is act, (be- seerveyecl the same, he wets declared to sc-des beineg liable in decemeagec- to the par- be ansc-verc-bie to the party damaged, ty grieved,) or for ac-ny other misbeba~ for c-li damages lee sust’c-inecl. by sucie ne- viour, abc-c-sc of trust,or fraud in ac-ny offi- glect, c-eec-itime party was to be entitled to cer, &c. cc- c-mew wac--rzc-c-nt~to senrvcy oticer land elsewhere to satisfy his original applica- Sect. 15. Any surveymac-Ic by any de- tion. puty-surveyor, out of his proper district, Sect 9. All surveys to be returned on was dec-hewed void; thee manncst- of mak- any c-n-arrant isseeed after pc-c-sic-mg this ing surveys was pe-escribed; and surplus act were to be made by c-cc-nc-i goic-mg on lands, c-eat exceeding one c-cc-c-tie of thec~ riced measuring tine icc-c-c-ti, sc-nd mete-icing’ c-c-umber of acres xnec-mtiooecl in tic-c c-n-ar- the lines to be returned. upon such war- rc-lmt, besides tine usc-c-c-el allowance los- Ccc-c-nt, after thee c-n-are-ac-nt autheor’ezingsuds roads, were admissible in time returns, survey sIc-all have come to the hc-ands of and. might be patented, ~payinegpro ra!~ the deputy.surveyor to whoc-en it was di- for c-nc-li surplus. rected. Ac-sd every survey made tic-crete. Sect. 16. The fees receivable in tine ,fbre, was declared to be clandestine and Land-Offices were also pc-cscn-ibed; but void, and of no effect whatever. Every tic-is part was repealed by ac-c- of 20th of deputy, on reqec-est, was directed to give Ape-il, 1795, and nec-v fees established. .a wi-itteec- receipt, sigc-med. by him, to the Sect. 17. The fees collected c-n-crc di- person dehivcrinc-g c-lee warn-ac-nt for the fee rected. to be paid over to time state tn-cc-- of six pence, sec-tic-mg forth t~eday anti surer, and, the salaries of the officers, year wleen, cc-nd thee ordec-’ in which such respectively, c-vere fixed, c-van-c--ant came toIc-ic- lmanmdc-, c-c-nd tine gran- Under this nc-cc-, it 1cc-s been adjudged, tee’s name and surname the number of that a wavrant dated he 1792, sbctil be ac-nec- to be sun-c-eyed thereon, and tic-c preferred. to a ic-c-eu’ one in 1793, c-isomc-glt ec-euc-mnber of c-he c-n-ac-rant, the latter c-vas first delivered to thee dis- Sect. 10. Every deputy, in thee months trict surveyor, if tic-c same was not acne- of Febi-uaa-y, in every year c-n-as directed all,n,j sec--i-eyed c-n-hen tite oidest warrant to make a general list (to be returned in- canine to Imis leanmdc-, ac-c-ti c-lie party wets c-b time Surveyor-General’s office,) of c-il ready with ic-is hands aced. provisions for tine ware-ac-cc-s on wheic-im ice made surveys the survey. Lessee of Willinicc-nd others, during the preceding year, setting v, .J’1i~’risc-teed others, suprcenc court, fue-th in a summary way, the quantity of December, 1800. (MSS. Reports.) iac-md auc--veyed ac-c eec-c-he warrant, disc-in- Ic-n the Lessee of’ .7iD1~heav, Plc-cc-nc-eec-’. guc-sineng it by its nc-ember, dec-c-is, and 1 Binney, 227. Thee question c-c-ceo,: wine- c-name of the grantee, ac-nd sic-c-sac-ion of thmer, c-n-inc-re a survey lead been c-eec-dc cc-c-e- every tract sterveyed, respectively. den- iegec-l auticority, (being parc- of the Sect, ii. Deputies wee-cto be appoint- deprec-iationn ic-c-edo sc-c-n-c--eyed inn 1785, and ed by the Surveyor.Gernerai, subject to 1786, eec-ed divided. into tracts, which re— time appe’obatc-on of council, for c-n-horn tine maic-med uc-esold by c-bc-c sc-ate, ac-ed opec-c- to Sc-irveyor-Generc-l was to be ac-mac-n-er-able. purchec-sers uc-edee’ the actof 3d of &prhi, Eachc- deputy to give boc-ed withe two sure- 1792,) a wae’raent comic-c-g afterwac--ds to ties; time hand officers and dcpc-ety-sur- tine Icc-ends of the deputy, n-c-may be c-ppiied. s-eyors to take c-certain, prescribed ac-tie, by ic-ic-n to tine survey already made, with- &c. out runceing ac-ed marking tIme limes anew, Sect, 12, Districts c-vet-c to be formed, noc-wic-icsc-andic-mg c-he - 9th section of tine ac-c-ti tIc-em boundae’ies dec-Ic-red by thie act of Sc-is of Apc-’il, 1785. Sun’veyor-Gec-c-eral, witie tIne eepprobeetioc-e Tilglnnzaze, C. J- delivered tIne opinion o~council, bttt they might aftec--wards bc-c- of the Court. As it is admitted thatehe- c-dterea, coc-nc-c-nomc-weaitlc- had received c--lee fec-hi ,~OO

1784. price of the ic-nd, c-Ic-at c-lcere imas been on theegrocic-nti, wilt c-nake every tic-ic-mg ‘_,.~ cc-c- saner tIflnC ac-c- accurate survey marked clear. ‘fine entries ic-c- the books of’ thee on c-lie groenc-l, ac-nd thcat when c-lee ap- surveyor would ic-ave shewn tic-at this propriation was mac-he fbr the phaic-etifi, land had beenn surveyed; and if upon tic-en-c wees no sec-tIer cc-i the laec-d, no- compac--itc-g tic-c man-ks eec the groc-c-ntl thing but very clear and posc-tive law with thee surveyor’s euc-c--y, a tic-fcc-city oc-cght to deprive c-lee plc-icc-tiff of his ic-ad occurred, because the mae-ks cc-p. parc-lease. peared older tic-an thee entry, this c-yoald The objection to tine survey is fec-c-end- havebeen eec- nec-ce expiaiec-ed by the sc-c-n-- ed 0c-c- tine 9th section of the act of 8th veyoc-’, on apphicc-c-tioc-e to Inim. Every’ of April, 1785. 1 c-Ic-c-Il give no opic-nion prudent and Inonest nc-an would natu- c-c-c- this time wheec-lc-er the pn’ovisioec- of rally make sc-c-c-In an eeppiication bc-cfc-c-re this section extends to surveys made lee expended his time, labourand nec-a- eec-eden the act of 3d of April, 1792. I c-ney in maic-ing a settlement. If’ in any understand, that in thee ease of TYriglnt’c-- case it hens Ic-appened tic-at a settler inc-c-c-c lessee v. Wells, tn-ied at N~sjPrince, at in fact been deceived, even tlnroc-c-gli Wac-lcic-egtoc-n, before c-lee hate C. J. Mn-- his owne inadvertenccy; I cc-n only ex- lean ac-md judge Teatee, it was held that press ney hope, tic-at tine warrantee well it was restrainned to hanmds tic-cc- lately talc-c that circc-c-nmc-stcec-nce into c-ac-cc-ic-hera- parc-ic-c-c-ed by thee comcnnonwealc-lm, and c-ion, ac-ed let hic-en ic-ave a reasonable por- intended to be sold ic-c- a sheort time. tion of c-he land on moderate terms: But supposing it extended to c-il sur- But at presec-et we are called upuns to veys ore warrants ic-sued after thee pass- decide the law. Tic-nec judges were of ing of that act, tlnoengle tIne presec-nt case this opinion. Brackec-c-ridge, J~d’essec-ec-ec-L may fall witiein tine words, it is evident “1 eanneot assent to thee opinion deliv- that it is not withine c-lie spirit and in- ered by the C. J. Tic-c act of 1785, I (enetion of the act. Tic-c intent was to have nc-a disc-c-be-, extends to tlmis case; prevent all persons, sttrc-~eyorsas well c-nc-i altheougic 1 will not say tic-ec-t an as others, froc-mm making sc-erveys witheoc-nt omission to go on the groomed and enan-k authority, aced to declare c-li surveys so the iic-c-es avoids tic-c survey, as tIc-is part c-nc-cede, void. Now thee surveys of the of time section c-nay be considered di- depreciation lands were made under rectory; yet, if thee survey is c-not made tic-c authority of tine state. Let us after the wcc-e’rant comes to thee Ic-cc-ntis compare tic-is case with otleers tic-c-t of tic-c dcpc-c-c-y-sc-erveyoe’, it is absolutely ic-an-c been decided, and concerning cioid; for c-lmat pc-c-c--c- of c-eec sec-c-ion is posi- which thee-c is no qeeestion. Suppose tive, ac-cd not dic--ecton’y. In tic-is case a surveyor receives a wane-c-c-cc-, and tine thee sun’vey was not made qfier thee war- land to be surveyed on it is boc-ec-eded on rant was delivered to c-lee deputy-our- thee-ce sides hey tic-c lines of other tnaet~, veyon’ -wlmich lee heas sec-rn-eyed befin-e. It is eeo’c- In TVoodc- v, tc-egersol, 1 Binncy, 149, contended c-lest he is obliged to c--un the chic-mfjc-estice, in deli—eric-mg thejec-dg- tic-ese ticree iiries on-es- c-game; ac-md wiey? c-scent of’ thee c-nc-tnt, says, tc-jc-on the 9th —Because it c-vouid be c-c-c-chess trouble, section aforesaid—” Although the di- thoc-e lines leavic-ng been n-un ac-cd. mac--ic- recting Ic-arc- oh’ thee section i~not strictly ed by legal authon-ity before; ac-md yet he complied with, still thee survey may be does riot comply with thee words of this sufficient to emetic-he the warc-’antee c-o c-c- cc-cc-, ‘svh’nch s-cc-c-c-c-in-c him to n-c-eec c-lee lines, pc-c-c-eec-c-, provided thee surveyor ic-as been c-c-ned mae-Ic tic-em, after c-lee c-n-c-nrc-c-mt upone tine ground, and, run lines seeffi’ conies c-a his leaned.. Here sheen is an c-icc-ct to identify the ti-act, ac-ed. c-seer- implied exceptioc-e from thee words, in tame the quantity coc-mtained in it, I mcci- order to comply witin the spirit of the tic-en tic-is, becatese It has been inc-c-nec-c-- act. Notiming c-c-care is to be done in c-he ac-cc-h, aic-heoc-egh thee poinet was c-cot for- case before us. Wheat c-mischief can mally made, tic-at perhaps tIc-c sc-en-veys arise froc-ne tic-ic- conestn-c-c-ctionc- 1 It is said cc-c-ado by tIne plaintiff were voic-b, ic-c-as- tic-c cc-etc-ic-c-I settlers will be deceived, be- c-nc-nc-ic as c-eli c-lee lines of cc-elm tract svce’e cause tiecy find c-mo mac--ks made since not c-ac-c aced marked. I uc-mdee-stemc-1 3d of April, 1792. But if tlmey take c-Ic-at the conestn’ucc-ioc-c ‘wmnichs I ic-c-eve ic-ut due pains tiecy cannot be deceived. It c-c-pore thee Pc-he section of thee ec-ct of as- is ‘en vain foe’ any mnen to seek for proper sembly mm qc-c-estion, ic-as always becc-c-,nc-nc-I information by ic-unc-tic-eg foe- man-ks onn thee it sc-ill is, held by c-Il thee judges at’ tic-is groc-cnc-1, wic-leout applying to tine depc-e- c-oem-c-, And it is of consccJc-c-cnc-ee ticat ty-surveyor, who is obiigcc-l to keep tic-ere sieoulc-I be no enisuc-ecterc-c-tc-ec-c-c-hineg books for c-lee purpose cc-f information. ac-c c-lee point, as tic-c c-ic-icc- clan-cc-st c-c-um- Tic-c marks on tic-c ge-ouc-c-c-l give c-mo sc-- ber at’ pee-soc-cs, who leave taken c-epic-reds tic-faction, fc-nr c-ic-ey cc-lay ic-ave been made fe’om tine coc-cennonwealc-ie, c-nc-i pond for by uc-c-:c-utinorizec-1 pee-soc-ma, But c-lee sc-cr- theenec-, would bc-c- c-icc-ken by a c-ac-ic-nary ve~c-or’obeaks, combined witlc-c-lie rec-~nrks opec-eeoc-n, 1’hc case of the Lesse~of Alexander first payment to ~e made on or before 1784, ~riglü v. Benjamin Wells, was as fol- the 10th of April, 1787; each metal- lows: pient to be recoverable by suit, as they Ejectment for a tract of 440 acres of’ respectively should become due; and land, called “ Danger,” sItuate on Ra— on such bond being lodged with the coon creek. Receiver-General, the party was enti- ~fhe lessor ofthe plaintifffounded his tied to receive a patent on payment of legal title on a warrant dated 16th the legal office fees; a mortgage to be March, 1786; a survey thereon by John taken by the Receiver-General, in every Huge, deputy-surveyor, and a patent case, to secure such payments, anti the dated 7th of September, 1786. sum due, and conditions of payment The ~ counsel objected were directed to be endorsed on every that the survey was made by one who patent. Stich mortgage to be recorded had no authority; that the lands lay in the office ofthe secretary ofthe Land. within the district of Firstly .We~i1and Office, &c. .5fatt/~evj1?itc/iie, and that by the 15th Actifal settlers on the northern and section of the act of 8th of April, 1785, western frontiers of the State, who had it is provided that no deputy-surveyor been driven by the Indians from their shall go out of his proper district, and habitations in the course of the lat~ every survey made by any deputy-stir. war, or their legal representatives, veyor out of his proper district shall were to be exoneiated from interest be void and of none effect. from the 1st of January, 1776, to the The court after fall argument, ruled, 1st of July, 1781, proyided they paid, that the 15th section of the act related or secured the paymefltof the purchase solely to the lands lately purchased at money, in the manner, and within the Fort M’Intosls. The general object of time herein before mentioned. All per- the legislature was to introduce a new sons applying for the benefit of such system, und secure fair and equal pro- exoneration, to prove by the oath of a ceedings as to the lands ;cewly pur- credible person, that he, or the person chased from the Italians, but did not in whose right lie claimed, wasin the respect the lands incbsded in the old course of the war, actually driven from purchase; and such has been the prac- his habitation on the said land, through tice under the law. The pathnt recog- force or fear of the Indians, and that (h.e nizes the authority under which ~olzn said plantation was consequently left Ho e proceeded to make the survey. without inhabitants. Verdict3 for the plaintiffi (MSS. Re- Esny person refusing, or neglecting to ports.) comply with the terms of this act, o;a By an act entitled “An act to com- or before the 10th of April, 1787, was pel the speedy settlement, and the pay- declared to be barred and precluded ing or secori~gof the debts due to.this from the benefit intended by this act, State for lands held by location, or with respect to fntther time of pay- other o~iceright, obtained before the ment, and to be proceeded against for tenth day of December one thousand the monies due, by sale of the lands~ seven hundred and seventy~six,and yet according to law, without delay. remaining unpatented,” passed 16th of The t~mefor patenting has been ex- September, 1785, (chap. 1169,) it was tended by successive acts; andthe only ena.ted, that all persons who were, or operative part of the foregoing act is should be, entitled in law or equity, the exonerating section. to any lands in the old purchases, by The act passed December 30th, 1786, virtue of any grant, warrant, location, (chap. 1248,) “ for giving, during ~ or other office right whatsoever, isiade limited time, a right of pre-emption td A or accrued before the 10th of Decem- the actual settlets within that part of ber, 1776, upon which patents had not this State, which is within the territory issued, m;ght, and such persons were purchased by the king of Great Britain, enjoined and required as soon as conve- of or from the Indians, at S’ort Stanwix, niently might be, to settle and adjust in the yeas- of our Lord one thousand the sums due to the State for the pur- seven hundred and sixty.eight,” after chase money of such lands respectively, reciting that the act of 1st of April, and to pay or secure the same by giving 1784, made no reservation, not’ gave bond for the whole, or residue thereof, any right of pie-cmption to settlers in as the case might be, to the president the purchase of 1768, hut it was left in of council for the time being fbi- the the power of all persons whatever to use of the State, conditioned for the make application, nod take out warrants payment of the sum due In five equal for those lands, enacted, that no war- anii,;al instalments, together with the rant should issue from the Land-Office whole interest due at each and every of this State, fat’ any tract of lend ad of the said periods respecUvclv; the which a settlement was made, unless tts Vet. ii. — ~O2 j 7g4~ such person, or persons, respectively, an act entitled” An act for granting and who had made the settlements, or their disposing of the unappropriated lands legal representatives, until the 10th of within this state.” The price of the un- April, 1788. And. if any such warrailt appropriated lands of this state, within issued otherwise than aforesaid, at the seventeen dist;icts of the counties of should be deemed to hava issued by Northumberland and Luzerne, part of the surprize, and should be ofno avail in law. lest purchase, was reduced to twenty Provided always, that by a settlement pounds for every hundred acres, payable shall be understood, an actual personal, re- before the warrant issued, in gold and sil- sident settlement, with a manifest ioten- ver money, orin bills ofcredit of the 16th non of making it a place of abode, and of March, 1785, or in certificates of this the means of supporting a family, and con- state, which bad been, or should be, issued tinued from time to time, unless interrupt- according to law, and the bearers whereof ed by the enemy, orby going Into the mili- were entitled to receive of the treasurer, tary service of this country during the ~var. an~annualinterest thereon, after the rate This act to extend only to the purchase of six per cent, half yearly, and no other of 1768, and no settler to have the pre- satisfaction for the said price. But this emption of any tract, exceeding 400 acres, act not to extend to any lands which had by reason of any such settlement. been, or which should be surveyed by vir- By an act for facilitating the redemp- tue of ally warrant before issued for stir- tion of the bills of credit, emitted in the veying of lands within the said purchase. year 1781, ftc. passed 28th of March1787, By an act passed 20th of November, (chap, 1272.) Sect. 2. It was enacted, 1189, (chap. 1456.) So much of any act That the time limited in the act of 16th of or acts, as authorized or directed the re- September, 1785, (chap. 1169,) for pay- ceiving any certificates, issued, or granted ing or securing the payment of the pur. by the United States, in payment of any chase money of unpatented lands, should hands purchased, or to be purchased of this be extended to the 10th of April, 1788,—’. commonwealth, was repealed. aedthe periods prescribedfor the payments By an act passed 19th of Feb’y, 1790, to become due on the securities therein di- (chap. 1469,) the Land Officers are directed to lie taken were extended to one rected to pay the fees by them collected, year later than the periods in the said net quarterly to the treasurer, and account mentioned, Every pbrson entitled to demand a pa- for the same upon oath or affirmation, to tent, according to the direction of the said be administered by the ts’easurer. act, o~paying one fourth part of the By an act passed 29th of March, amount of the purchase money, or the ar- 1790, (chap. 1491,) the Receiver-General reata,~esthen due, with interest thereon, was authorized to receive any part of the in lawful money of this state, or in bills of purchase money for hands in the old pur- credit em:rted by the act of 7th of April, chase, one fourth in lawful money of the 1781, together with the whole of the office state, or itt bills of credit emitted by the fees, in current lawful money, might, at act of 7th of April, 1781, and three liii option, pay the residue and interest, in fourthsin depreciation certificates, or other lawful money, or the bills of credit afore- certificates of original state debts, on said, or in certificates of debt due from which interest was payable annually at this state, then by law entitled to draw in- the treasury of the state, provided each terest Irom the treasury, commonly called payment so made sho~tdnot be less than funded certificates, on which certificates one fourth part of the original purchase interestshould be computed,and allowed till due on such lands. the time of such payment; Provided such On the 8t~of January, 1791, (chap. payments were made and completed be- 1511,) the Board of Propertywas organiz- fore the 10th of April, 1~’88, edunder the newconstitution, with thesame All who neglected or refused these powers as before; and the Master of the terms, on or beforethe said 10th of April, Rolls was constituted a member of the were declared to be barred and precluded Board with the three Land Officers—any from all benefit int~ndtdby this act, with three of them to form a Board. The se- respect to further time of payment, and cretary of the Land-Office toappoint days the mode of such payment, and forthwith of hearing, and grant citations. All to be proceeded against, by sale of his warrants to be under the lesser seal of the land, according to law, as if thu act had state, and signed by the governor. The not been made. form 01 patents prescribed, and to be The terms of the above act were ex- under the great seal—See the notes to tended for one year, by an act pass d 29th chap. 95~attic, pa. 14. of March, 1788, (chap. 1337.)—And the On the 29th of March 1792, (chap. act of 30th of December, 1766, was also 1602,) an act was passed, allowing, a extended to the 10th of April, 17~9,and credit for unsatisfied warrants. It Was see chap. 1391, 1491, 1565, 1598. provided, that whet-c any warrants since By an act passed 3d of October, 1788, the first of April, 1784, had issued, or (chap. 1353,) entitled “ A supplement to should thereatter issue from the Land- Office, and had not been, or could aol be, ~iO3

executed in time whole, or in part, by rea- could, or might have been obtained, by, ~7~4_ son that the lands therein described, or from or under the said recited act ; and all some part of them, had been previously such monies, or balances, and the right appropriated by or for any other person, and claim thereto, were declared from or persons according to law, or having thence to become, and be, forever, for- been executed, interfered with some prior feited and cancelled. appropriation, as aforesaid, the deputy On the 3d of April, 1792, (chap. 1613,) P surveyor of the district, or county, at the an act was passed, entitled, “An act for reasonable request of the party, his heirs, tile sale of the vacant lands within this executors, administrators or assigns, was commonwealth.” directed to certify to the Surveyor-Gene. Sect. 1. The price of all the vacant ral’s office, whether any, and how much lands, within the purchase oF 1768, and of the lands in the said warrant described, the preceding purchases, excepting such had not been, or could not be surveyed, lands as had been previously settled on, or for the reasons aforesaid, or having been improved, was reduced to the sum offifty surveyed, interfered with prior surveys or shillings for every hundred acres; and the appropriations; and the Surveyor-Gene- price of vacant lands, within tile limits of ral, havingproof of the same, was enjoin- the purchase of 1784, and lying east of ed, upon the like reasonable request, to Allegheny and Conesuango Creek, was re- certify to the Receiver-General, the num- duced to the sum of five pounds for every ber of acres that remained unsatisfied, on hundred acres: and the said lands were any warrant issued after the first of April, offered to any person or persons applying 1784. for the same, at the price aforesaid, irs And whenever it should appear to the the manner and form accustomed under Receiver-General, by original receipts or the laws in force, other legal voucher, or by entries made in Sect. 2. All the lands lying north and his books, that any person had paid into west of the rivers Ohio amId Allegheny and tlae Land-Office any monies or certificate ~‘onewangoCreek, except such parts therefor lands grantedto him, by virtue of \var. of as had been, or thereafter should be, rants issued after the 1st of April, 1784, appropriated to any public, or charitable and which he had not obtained; or that use, were offered for sale “to persons who he had paid any monies or certificates over will cultivate, imptore and settle the same, and above what was due to the common- Or e’ause the sameto he cultivated, improved wealth foe the lands obtained by virtue of and settled, at atid for tIme price of seven such warrants, he was enjoined to carry pounds ten shillings for every hundred such money, or balance to the credit of acres thereof, with an allowance of six such person, his heirs, executors, adminis- per ceneum for roads and highways, to be trators or assigns, in payments then, or located, surveyed a~dsecured to such pure thereafter to become due, for the purchase chasers, in the manner herein after men- of any hands within the commonwealth, tioned.” together with lawful interest for the same, Sect. 3. “Upon tile application of any from the time of the original payment, to person who may have settled and inlprov- the time of such credit being applied for or is desirous to settle and improve, a and made. plantation within the limits aforesaid, to But, by an act passed the 6th of March, the secretary of the Land-Office, which 1793, (chap. 1648.) So much of the above application shall contain a particular des- act,as authorized the allowanceofinterest, cription of the lands applied for, there on any money or balances, carried to the shall be granted to him a warrant for any credit of any person, byvirtue of the above quantity ofland within the said limits, not act, from the time of the original pay.. exceeding four hnndred acres, requiring snent, to thae time of credit being applied the Surveyor-General to cause the same to for and made, was repealed; provided, be surveyed for the use of the grantee, his that where such money had been paid, or heirs and assigns, forever, and make re- balances bad become due, priol. to the turn thereof to tile Surveyor-General’s passing of this supplement, interest was office, within the term of six monthsnext to be allowed upon such money, or balan. following, the grantee paying the pur~ ces, from the time of making tile original chase money, and all the usual fees of the payments, respectively, until the day of Land-Office. passing this supplement, and no longer. Sect. 4. The Surveyor-General to di- And, from and alter the 1st of January, videthe lands offered for sale into districts, 1795. All persons who should not previ- and appoint one deputy for each district, ously apply for, and procure a credit to be who shall give bond and security as usual, entered in the books ofthe Receiver-Gene- and reside within, oras near aspossible to, tal, for any such money, or ba1ance~,was his district, and within sixty days next thehceforth to be forever barred and ex- after ills appointment, certify to the Sue- cluded from all claim, right, or title there- veyor’General the place where he shall to, and to every part and parcel thereof, keep his offiáe open for the purpose ofre- and from any benefit or advantage, which ceiving warrants, that all persons whor 2Q4~

1784. may ap~slyfor lands may be informed vey, anti time name of the ~ei’s’mnfcmr ,.‘ thereoZ And every depury.survoyor, who wimoin the same was surveyed. shalt receive any such warrant, shall make Sect. 8. “The deputy-surveyor of fair and clear entries thereof in a book, to tlae proper district shall, upon the tap- btprovided by him for thepurpose, distill- piieation of arty person who has made an gmiishing therein, the name ol’ lime person actual settlement and improvement on theresms mentinned, the quantity of land, Ia~dshying north and west of the rivers date thereof, and Site day on which he re- Ohio and Allegheny, and Omewamzgo ceived the same, which book slush be ct’eek, and upon in~lipci-son paying tIme open at all seasonable hitmurs, to every legal fees, survey and mark out tiae hues applicant, who shall be entitled to co- of the tract tsf land to which such per- pies of any entries therein, to be ~ertI- son may, by conforming to the provi- fled as such, atari signed by the depis- sions ot’ this act, become intitied by ty-surveyns’, the pasty paying one quar. virttme of such settlement and improve- toy of a dollar therefor ment; prodded, that he shall not survey Sect. 5. The deputy, at the feasona- more thsan four hisomireti acres Ins’ such Mo request, amad at the cost, and person, and shall, in making such stir- charges of the g’ramite.ecm, to proceed to vey, conform himself to all tile other survey tise lands in such warrants tie- regulations by this act prescribed.n sctibed, as nearly as may be, accord- Sect. 9, “ No warramst or survey, to ing to the s’espeotive priorities of their be issued or made in pursuance of this warrants ; but they shall not sus’vey act, for lands lying miorth and weSt of any tract of lmusd, that may have been the s’ivers 0/tin and 41kg/tempt mind Cane- actually settled anti improsed prior to mango creek, shi~llvest any title in or ~he date of time entry of ~ueh warrant to the lands therein mentioned, sasiless whim the deputy-surveyor of time district the grantee has, prior to the date of except for the ownerof such settlement such Warrant, made, or caused to be anti improvement. And Iaav’sng perfect- macic, or shall within the space of two eel s~~lisurveys, shall enter the same years next after the date of the same, in a book to hi- kept by him, and to be snake, or cause to be made, an actual nalled the survey book, which shah re- settlensent tlsereomi, by clearing, feuscimsg main in hig office, liable to be inspect- and cultivating at ieasc two acm-es fur ed by any person whatsoever, upon pay- every hundred acm-es contained in one ment of eleven pence for every seaa’ch; survey, erecting tlsea-eon a messuage and lie shall dause copies of any such for the habitation of man, and ecaidhig, survey to be mache out, and delivered to or caimsing a family to reside thereon, any person, upon tlse payment of one for the space of five years next follow- quarter of a dollar (hr cads copy. ing his first settling of the same, if lao, Sect. 6. Every survey made by a de- or she, slmaall so look live ; asid that isa puty out of his prope,’ district shall be default of such actual settlement and void, and of noise elfect. The Survey- residence, it shall anti may he lawful ov.Gemmeral and his deputies, are eta. to and for this -commoowealtls to issue joined to survey or cause to be survey. new warrants to other actual settlers ccl, the full amount of land contained (hr the said lands, or any part them’eof, and mentioned in any warm-ant, in one reciting time om’iginmsl warrants, and that entire tract, if time same can be found, actimal settlements and residence have in such manner and form, as that such not been metle in ptmm’sisance thereof’, traQt shall not contain in front on any and so as often as defaults shall be navigable rivet’ or’ lake, more than one made, for tise time, amid in tim manner half of the length, or depth of’ such aforesaid, whelm new grants shall b~ tract, and to conform the himses of every under and subject to all and every tlse vurvey in such manner, as to form the m’egmslatiomis contained in this act. Pmto- figure or plot thei’eof’, as nearly as cir- vmsatn ~LW1eYSNavawritattss, that etmsnstancos will admit, to an oblong, ~fany site/s actual .setikr, ar any ,çrammtee whose length shall not be greater thama jim an;’ such original or szmcceedimtg siam-rant twice the breadth tlsereof.—Tcn per s’hall, by force of ars,mo’ of time enemies of cent, surplus to be allowed, and paid t/me Ummitemi States, be preventedfrom sunk- for pro rata, on patenting. itmg elicit actual settlement, or be dm’iven Sect. 7. Every Febi’mmam’y, tlse deputy t/mem’efi’otn, end s’Imall persist in Iii, e,mdea” is to return into the office of the Stir- vomit’s to incske such actual :ettleni,’tmt as veynr-Genes.al, l)lüts of every survey he aforesaid, then, in either case, he and his’ shall lsave made in pursuance of any heirs elmalt be entitled to /mcm’m,e and to hold warrant, connected together In one ge- the taid lands’, in time Sante incaner, (15 neral draught, en far as they may he time actual s’ettlenzetmt had b~e;msuede and uontigumnms to each other, with the continued. courses and dista~c~sof each line, the Sect. 10, The hands actmsaliy settled. rjuantit7 of lant~eomktsineçl in each sue.’ and. improved accorcUn~to the pravt* -205 sions of this act, to whosesoever posses- are made subject bar timis tuct, time said 1784. skin ilmey uma~v descend or ensue, simalt recited act, var stay other acts to the be atsd s’cmmmaimi liable or chargeable for contrary notwithstanding. tlsc paynmemmt of time consideration or Much controvem-sy h:ms arisen out of purchase nsoney, mit tIme rate atbies~ i~i,tisis act. Its evident object wits to cmi- fur every hatmndreti ata-es, mend time inte1 - courage the population and inprove- rest thereon accruing fm-mmm tise dates of vmsemit of the countm-y. An important ccc— tu~hmimprovements ; and if such actual on has s-eeeived various comastruction. settler, not be-smsg imimmiheri’d as uloresaid, Than consequences of unsettled titles by death, or- time cimeirmies of tise Ummited are always ccm’t-aha. The popumlatiomi States shah miegleet to apply fur a war- and improvement of the couustry Imave rammt Ihr time space often ~ears after the been inspeded and retam-decL Nineteen time of’ passimsg this act, it shall mmd years limes-n eimmpsed ; but time dispute is may be lawful for this commoisweahth still unchecmdecl, and whilst to the north, to gm-alit the sanme lands, or any part and to tlse west of these controverted. tisereof, to others, by wtu’s’aflts, m’ecitimsg ismads, time coumstrs’ increases with in— suds tie limits ; amid time gi-mustees, cena— dustm’ious citizens, and smiles with ctml- p13 imig with the regulations of thsis act, tja’atiun here time hsslf—finshieti cabims ~hsll have, imold mind eimj,,v time same, to and remaining Ibrests, proclaim that them, their heirs amid assigns ; btmt sum time hamsd is without a certain owner. wam’ramat shall be issued in pursuance of It us important in the consideration tlmis act, until tlse purchase snoney shall of this comatroversv, that at the tinmc of be paid to thin Receiver-General of tiid passmmig this act, there existed awttrbe- Laud-Office. twecn the United States, amid the in- - Sect. 11. When any caveat is deter- dims nations, in the western country, ~v~immcdby the Betas-cl of Property, ima The armies of time United States lund nmanmwm’ heretofore used in this corn- experienced signal defeats (‘runs time sa- snotmwemmltii, time patent sistuhl ncvei’the— vages. Its 1791, general Ram-mar was less lie stayed far the term of six months dei’emoteçl. On time 4th of November in within which tiusie the party agsims.st time same year, g~imem-alSt. ~lair was whom the determination of time beard defeated with great slaughter. It was is, may enter Imis suit at common law, conslihered unsuth to attempt am’. immnc- hut msu>t afterwam’ds ; and time pary imi diate settlemnemat, beyond the Ahlegimcny wimmisut flavour time mleterrnium-ation of time in a coumnrry exposed to the inroads of Board is, shah be mleemed amid takemm to a subtle amid vitsdiath’e enemy, wimose b in p:mssession, to all tue intemsts and mode of warfare vvas pecimiimmr; and purpnses0 of trying time title, although whose approach was often in secret, the ‘mtlmer pmei’t3- shall be in actual pus— amid could not be guarded by coinmosi session, wis elm suppiased possession, precaution. shall, mmevert,lteless, have no effect upon 0mm the 20th of August, 1794, geu-ie_ time title ; at time emscl of ~vimiehiterm Of s’~slWaymse defeated the indians at thus six natmmstlms aforesaid, if no suit is en- ,~1fum~mishis treaty with them, was on tered, a patent shall issue according to the 3d of August, 1795, whien Imostili- the determination of the Board, uposa ties cemised, -and the treaty was rati- time appiic’mmnt pmotlmscing a certificate of fied by the senate of the United States, tIme prutlmomiotary ofthe proper county, on time 3d of December, 1795. thmut us,, suit is cosssnieisced, or ifa suit Imi tue Lessee of Gm-nutty, Eddy, before as entem’eel, a patent sisimll, at tise deter- citttl, both parties claimed macicr avar- mination of such sumit, issue in casiamman rants issued by virtue of-thee act of 3d form to tisat p-arty in valium this title is of Api-il, 1792. - (bond by law; and in both cases, time It ~ppeam’edin evidence that the tie- patent slmalh be antI s’enmtmlmi a foil aotl fenmlamst hmsmd paid into thin Receiver-Ge- pcm’fuct title to the hinds against all neral’s office ~‘,42()on time 17th of No- pal-ties aumd privies to time said dtas’cOt veniber, 179~—~.62Oon time 10th of Ja~ or suit; with the usual ummeving to in- nuary, 1793—and ~2 170 on the 12th (hots, &c. of August, 1793, besides time usual of- Sect, 15. Time holders of unsatisfied fice fees. Butt thus proof on time pmu-t of warramits iseretofhre issued agm’cdmmimly the phmmimstifl’ Was extt-cmely defective itt to time 7th seetmon tmt’ the act of 2ist of this patticiclar. The certificate of the Decembem’, 1784, may locate them in Receiver Genem-ai charged the “Lands any dmstrtct of vacant and imnappropri’ Dr~to Cgmsim,” aisci there was emily one ated hand witisima this commoiswealtjs entry of cash credited, mis applicable to provsd~.dtlm~owners timcrcmmf shall be time subjects in dispute, viz. ~.94 lOs’. 6d. under the same regmshatiomms and rt’sti’icon th~26th of January, ~7O3. tiomis, as other ownes s of warrants The hamicis hying cast of time Allegheny taken (hr hands lying nortim and avest of rivet, were not subject tm) settlement Alhc~’imcnyriver mmd Comsevvango creek conditions. A caveat had beema filed isa 206

1784. tIme pai-t of the plaintiff on the 26th of In 1789, one Gorneline Vanlmorne erect- ~ February, 1793, and a decision of the ed a cabin of heavy hogs on time lammd. Boas-d of PI-operty was had on the 28th Time lessor of the plaintiff in 1792, was of March, 1794, that the deptmty sur- an officer of time army tinder general veyor sisotmici execute time defendant’s Wayne, and was stationed by him, with watrants, the same having time priority a detachment of 28 men, at Cus’sewngo, in point of time, and weil describing to psotect time inhabitants fm-em time 1mm- time lands. The present ejectment was dians. Drmring- time wimster lie puhhed cmsmmenced within six months there- down Van/some’s’ cabin, mind made i’auhs after. - of the logs. He erected a new cabimm, By time Court. The warrants lmuteiy fifty or sixty percimes from time fom-mer, granted by time Land-Office, bear eqoal with time assistance of two soldiers, ditte with the applications of the differ- whom lao hired for that put-pose, amid ent parties. But the periods when they also cleared arid fenced a field of ten have actually issued, can oniy be ascer- acres, ‘which hiad formerly been culti- tained from the payment of the pur- vated by time natives. In time spring of chase money. In this mode time time 1793, he planted one half of an acre of of issuing the defendant’s wars-ants may corn, mind one half of an acre of pota- be astrem-tainech; but from the deficiency toes; and was recalled the saute spring, of the proof adduced by the piaiiatiff, having first placed one .Licqatm’s’, who it cannot be pronounced with certainty, had imitermas-m’ied with an Indian we- -wimesi isis was-s-ants issued. roan, in his cabin, and contracted with We know, imowever, timat the appli- a trader to supply him with meat amid catiomms of time def’emsdant are earlier than flour. those of time plainthfl and that time for- After Bond was witlmdrawn, the tie- suer most succeed, provided time lands fendammt in behalf of Vammlaorume, forced are described with convenient certainty, Licqmsers’ front time possession of the tract, and time party has not incurred a for- amid in August, 1793, cut anti made hay f’eiture of his pretensions, by gross taclmts’ timei’eon. lie then fled, on iseai-in~ or delay. that no treaty had been concluded witi~ Pi’ioi’ity of apphicatiomi gives a cem-tasmm the Indians, In tue course of the fol- slegm’ee md’ equmity.—The deputy-survey- lowimmg month he returned witia Imis em’s, by the 5th sectiomm of time act of 3d horses, broke,, up the field which had. of Ai,m-il, 1792, are directed to survey been fenced by Bond, (time rails wiacreof accoi’ding to time pm-ins-ky of’ the war~ humid been burnt,) put time femace in am-des-, m’mmmsts. But, all applications must be pur- and sowed turnips. On time 8th of May, aimed, within a reasonable time by pay- 1794, lie obtained a survey by William ment of time pumrchase money, and tak- .Powcr, a deputy-surveyor, of 401 mis. ing out warrants, and procuring surveys and 29 pa. in pursuance of his improve- to be made. It would, under a diflèr- nient, dated 1st of March, 1791. lie emit cmmmmstyuctiomm, lay in the power of’ lived on the lands, extendimmg his im- the earliest applier, to ingross amid mo- provements, erected three other houses, nopoiize the whole countu-y, by a hong cleared and fenced 20 acres snore of list of applications, contiguous to each ground, and lied the whaole in good cul- other; beginsiing at a Certain fixed point, tiyatioim, Neither Bond, nor Licqmmers’ witimout paying a single siaiiling into the - had been in that country since i79~ coffers of the state, untIl it suited hai~ They obtained no survey, nor did it ap- convemmiency! ‘rhais never could have pear that tlmey lied attempted to pro- been the intemition of’ time legislature. cure one. What that reasonable time is, appeks’s On openumag the phamntuff’s title, itwas unnecessary to be determined, in the objected, that iso shormid have filed hi~ present suit; beeause it cannot-come cat-cat under time 11th section of the act in questious, unless it clearly appears of 3d of April, 1792, ommd have first that the lessor of time plaintiff has paid tried his claim before the Board of Pro- isis money into the treasury soonem’ tisan perty. the adverse party, anti that time latter .13y time C’ourt. Time two clauses of tIme has been guilty of manifest negligence. act refer to different objects. Though Verdict foe the defendant. the ‘words of the litha section are ge- Lessee of Ls’wis’ Bond v. Rohti’t Pits- smeral, they have been imeid not to ex- *‘aamdolp!u. tend to lands claimed under rights or Ejectment for one messuage, and 400 conttacts previous to time passing of this acres of land cmn French cm’eek. law. Time law does not require in ter- Thj~was a contest between two set- snnmzs’, that a caveat shall be filed to try tlers, without warrants, to lamscls -west a tithe to lammds. Times-c as-c no word’s of the river Allegheny, and on Use cast restrictive of the ~urisdictiom’.of time or- ~mdeqf French creek. dinmsry courts of jtm~tice in tame fms-st in. ~2O7 stance; and we will not, by construc- plaintiff against time defetidant, on time 1784 tion, increase time powers of the Board 11th of April, 1793. Time Board of of Property. The pam’ol evidence, there- Property decided in livour of time de- fos-e, must be received.—But what ope- fendant; but stayed issuing the patent s’atiomi the bare improvement will have, for six monthms. Time ejectmisent was not where the plaiimtiff must recover, on brouglmt witisin time six montims; but it simewing a tithe, is another questioum. was broughmt to April term, 1794, in the After the testimony, and as’gunments commomm pleas of Nortlmumberhand coun- were closed, the court delivered time ty, before any patent actually issued. Ibhlowing charge, in substance—This Time defendant offered in evidence a is a case of thme first impression under patent dated 22d of Mam’ch, 1796, to time act of 3d of April, 1792. Thamit law him, and insisted that the same was a has ints-oduced a new species of’ tithe; full and perfect title to timelands against butt wimether it will eflCctuate the intime plaintiff in time present suit, being tentiomms of time legislature, time only grounded on time decision of time Boatti can determine. In time mean while, it of Pm-opes’ty, and no action had beemm en- behoves us to issove with caution, and tered at common ha-n’, by the pisintift to~refiect fully before we fosm an opi- q,xjit/miuj six mont/ms after time determina- nioma. No warrant exists oum either side, tion. Both parties claim as actualsettlers and On the ground that the patent was improvers under time 8th and 9ths sec- dated subsequeimt to time stilt brougiat, tions of the act. Time plaintiff who must the court were clearly of opiiaion it recover by his own strengtlm, must bring could not be evidemmce: But how far himself clearly within time law. “On his time words and intention of time legisla- conforming to time provisionsof theact,” ture, in time law relied on, may effect depends time validity of his right. An an exception in the genemal practice, application to time deputy-surveyor of was time great question. the district, and payment of time legal By the Court- We cheerfully disclaim fees, form a part of that conformity. all legislative power; but it will not be Time plaintiff has given no survey in denied, that we possess time m’ig-ht of evidesmce, nor can we collect from pre- putting studs construction on the acts of sumption, that lie has attemimted to snake the legislature, as appears to us, best one. His pretensions, therefore, are to accord with timeir intention, either not designated, or defined. His house, ezpm’ess, or implied. We cannot con- and part of his original inciosus’e, are strue a law differently from time plain, excluded by the defendant’s survey. clear words of it, under any ideas of He cannot claim under agreed hines convenience or equity, Arguments oh made by time predecessors of time de- incorms’enieumti, only apply where the law feimdant and othem-s, while he sets up a is dubious. It is sufficient for us to tic- title adverse to tIme former. How then (,iareens-opinion on time present question, shmahl isis improvement be extended, or that the 11th sectiomm of time act of 3u1 of in wimat direction shallit go? Confimmiog April, 1792, does not extemd to time case ous-selves to the case ssow before us, we before us. We do not much regard the are of opinion, that the plaimmtiff having title of the law, it is said to be no part shewmm no survey, nor evemm an attempt of a statute. But the preamble hiss con- to make omme, his claim is mmot recogniz- siderable weight in discovering it~ ed by time law, so as to entitle him to naeanimmg. Thiough it will riot control recover. time clear anti positive words of the If time deputy surveyor had refused emmacting part, it may explain them if’ to do him justice, he might have com- ambiguous. The declam’ed object of the plained thereof to time Surveyor-Gene- wimohe act goes to time unsold mind mm,zs’et- ral or time Board of Property; and he tied hands witlmin time Immdiaum purcimase at would tlmen have eviimced an endeavoum’, fort Stauuwix in 1768, and the preceding on isis part, to conform to time law. But purchases; and to time vacant lands in- mao pretext of that kind exists in the precluded in the lisdian purchase of 1784, sent case. Verdict for defendant. at fort Mlntoslm. Alleg/mcuy, May, 1797, before Thatee All time provisions of thehaw go mere- and Smith, justices. (MSS. Reports.) ly as to unappropriated iammds; except That a recovery cannot be had on a that in tte last section, it is directed, mere settlement without a survey, was that unsatisfied warramsts issued under also held in time Lessee of Benoni Dais- a former law, may be located on vacant •o,m v. William Lammglmlium, Allegheny, May, and unappropriated hands. 1799, before the same judges. (MSS. To coniply, therefore, with time whole Reports.) scope of time act, arid declared immtemmtiomm In Hubl..y’s’ lessee V. C/mew, before of time legislature, time generality of’ time cited~a caveat had been entered by the expressiomis in time beginning of time lltk 208

17~4. aectinmi, “When ~ cat-tat is determin- such warm’aumt with such mlepttt7, ezCep~ ed, &c’~most mmecessarily be restraummeci ibm’ time oWmser at’ such settk-memmt awl jima— ‘.~j to any caveat relatimmg to lmm,mds therm ‘se- provemneumt.” A settheunemst is defimmed by cant cudunappr-opuiated. The clam-use itt the third Section of tine act of h)eeeusmhei’, question cannot be extended, iii our sip- 1786. To make ama imnprovememmt urffi~~L~ prehension t~ caveats respecting other ei~mus, ‘it must subsist clearly ta’s such be- humsds, imeld under rights or commtracts, foire time commmmeumcemc’nt of’ an advcrs~ antecedent to the passing of this law. \Vritten tjth~. If time defendant’s doctm’imme The womd~of time sactiomi now immader simoumid be sustaimmed, timer-c could, be mm~ consideration, arc not moire large ttimd possible secumity foi’ any paper title, comprehensive, thamm those used by time where time hinds commteunplated to be stir— leg’mslatmre iii the 15th sedt’momm of the act veycd, lie at a distance t’rom time scat of of 8th of April, 1785. “Timat ium nmaic- government. Verdict fimr phaimmtiffl hog an~mJsni-vey by any deputy-sum-veyar, TIme ,c’rm9irc of’ a declaration in eject- he shah not go out of’ hi~i)rup~disls-i~t, nncmiç ‘within tIme six mnomitims, althmmimgh &c,” Nevertheless, 1mm time case tml time thi~stilt wets mant e,ul~~-elon time docket, Lessee of ,Jlerammclem- Wri~J,tv. Benja- umitil eLi- dave sifter Lime-expiration of time sum Wells, at Wimelmin~gton, May, 1793, six mouths, was lmclml lo be sufficient to M’Aearm, C. 1’. amid Ycutes, after till air- stave the himn~tmntiomiof time 11th, sectiOn Ot’ gummient, rtmlecl thmat time expressioums re- the act of 3d of Apm’ii, 1792, Xhcl,ol lated solely to time lands ptsm-cimased at son’s lessee, v. WoWs, 4 Dallas, 154. Fou-t .2~Plnioe1m. (MSS. Iicrpom’ts,) Lessec of ,Sauumwl Eavult v. ,J~mm-tIsmt. And imm Jlibm’iglif amid others, v. ~if’Clue- JJj.~hilmmnd:. nm_s’s ieseee. hum tii~supreme court, 1)e— The piaiumti{F claimed 400 acres of camnhiem-, 1799, it was solemnly adjimmig- hanul, across time Ahlegimeusy, at Girty’s ed by the wimole comimt, “Timat the limit i-un, tmmm,lem’ mu settlement ammd sum-a-dy. section of the act of 3d of April, 1792, It appeamcml ima cvidemmce, timat the lessoir does not apply to cases oflamads i;umjm-svcd of time piaimitlfl; with two imands, cmii mime at time time of psmssimmg that law. (MSS. 311th at’ Api-il, 1792) crusted time Ahleg. Repoi-ts.) hseny to make aim insprovenmemmt, TImay ‘1’hmi~ decision is recognized, at Lan- deademied about an acre of timuhaer; ire- caster, Jimmie 2d, 1810, in Steiunmctr u. tum-umed, amid in about two weeks nanu’,,-, Yostung, 2 Bimmncy, 523, So thmsct the coma— deadened sonic little mom-u. lie ct-e~temI struction is settled, a eabims with a cl:cp-hoard roof, 8 iCet to To give efficacy to an improvement time square, and emit out logs for a door, against a written title, ttmmdcr time law of and planted a few peach stones, apple 3m1 of April, 1792. The improvement seeds suad potatoCs, but made man other must appear clearly to subsist as s~cls improvemfleumts, mium’ ever m’cmtidcd lsimneelf, before the commeneememat of the written mmor Is-ad temsants on the lamid. tithe, A survey made by Jonathan Lcct un- Thom’s, in the Lessee of JamesJEepbum’,,, der time settiemsiemit, ott time 9th of Api-il, v, William Jf,mtclthumn, Xortlzumnbem-lau,I, 1794, was offered in evidence, butt ex- October, 1798, before Ycmmtcs amid Sumith, cepted to, as not being sulficieumt ammtlmo— Justices, (MSS. Reports,) ima ejedtmncmst rity to mu-alec a survey, ummder time act of for 202 acres of laud, oms I)elaware rums, 3d of Apirii, 1792. in Turhutt towmmshsip. ‘rime case was; Jig thea Couu’t, Though time validity of Time plaintiff chtmmned under mmmi appli- time survey depends “ 0mm time actmmmuh set— cation dated 20th of March,, 1792, f’oummmd- tleunemmt and imxmprovemcmst” oflaumcls iyimmg ed on a certificate of two justices of the nom-tim amid ~vnst of time livers Ohio and. peace, that time lands were unimproved; Allmrghmeny amid Commewammgo creek, yet the a consequentwarrant of time 1Itim of April •dc-p c~ty-survcyormust mmcecssarily ~utu1go fmuilowimg, rind a survey of 202 acmes on therccmf in time fin-st immsttuncc, a court and time 28th of time same mnontim, mind patent •jury smmust afterwards judge of’ time settle— dated l4thm of May, 1792. mucot:, and lila Conscquiemmt authority. Iii’s The defend-auTh rested on a supposed act is mint conclusive evidemmce hereof. prior immaprovement. He began to cut Let time survey be read. lags on time ground 0mm time 9th of Apr’11, 0mm time 10th of lfebm’nary, 1796, Remsrlt 1792, two clays amaterior to the date of leased to amie Pctem- ,Snmillu, wlm~came time plaimmtiff’s mvam’rant. over time river, kindled afire iii time cabin, The court wet-c clearly of opinioum, staid theme an hour, amid then removed. that this case mm’sms mint withim time pruvi— ills itimmdtai’d lived on time cast side of time stun contained in time 5th s~ctiommof the river with lmi’s faummily. ‘l’hc dcl’emsdsnit act of 3d of Api-il, 1792, “Tlmrmt depmi- timid her famsaily resided oma the hands 1mm ty-surveycri shmahl not by virtue of aumy questioms above three years. warrammt, survey ammy tract of hammd that A nmotioui was immamims fbi’ anonsimit. may have been actually settled amid imn- Jig time (Joueu’t. Wimeit a deputy-survey- proved, prior to time date of emmtry of or of’ a district does, must be always Un- 2a9 t3m’er time control of time court and. 3ui-y, time cabin. 1mm October lie ~arriecl oUt 1 ~‘S4. wiao are competent to determine mm time with him provisions, &c. amid a straw validity ofhis acts. The second section of mat to sleep upon; a mattock and an the hamv ofl’ers these lands for sale to per- axe, amid occupied himself imm making a’oms “lVhmo wilL cultivate, i,mprove -and rails. Omahy lie and Charles Philips, were settle mmcm, or cause the sammie to be cul- known to have resided on the mmorthwest tivated. impm’oved and settled;” bitt time side of the Olmio, with the intention of leg’isiatum’e is-ave miot ascertained in the making settlements, in the year 1792. 8th section, imow dir “ An actual settle- In 1793, Ime made several hundred rails, ment and improvement” must have pro- continued to grub, made a small piece of’ gressed to warm’amat a survey, as they meadow, mmmmd lived in the cabin, with have laid down no ganerti ride or crite- his bedding amid small houseimoicl uten- rion on time subject, neitlaer ~vihlthis sil’s about ii’mmmi. Qn time 16th of May court attempt it; yet we are bnmmnd to 1793, lie umbtaineda warrant, descriptive5 say, timat ajecrsoumalu’esideumce must in time of’ time lands, and procured a survey of’ natureof timings accompany an actual set- 400 acres arid 68perches, omm the ‘11th of tlement, unless impemmdimig, imnmiminent Decenmher’ foilowiug, and paid the sur- ‘danger exists, which would prevent a veying fees. 1mm 1794, he bums-mit time loge man of’ s’easonabie firmness of mind amid cleared the groumid, amid with hmisox- fm’om conthmmuiumg omi time land. emm, put imi 4 or 5 act-es of Imsdian corn, Time auui,nus resideumdi must be fully attemsdcd it dmn-ing time season, and raised. evimieed Negatively, we may safely say, a crop of macam’ 60 bushels. Iii 1795, Ime that what Imas been mentior~dat time bar, lived in his ~aI,in,amitl.li-ad isis cattle aim time deatlenhmag one or two acres of timber, humid, hie m’aised turnips, tmnd hauled timeima, phamitimmg a few peacb,stones, apple seeds, hmonme, 1mm 1796, lie continued his settle- potatoes, or grains of cot-mm, or time doing of ment, amid added aim acre to his formnemr other such acts, though a small cabin is field: and in 1797, lie cleared 8 or 10 also p~tup, will not, ummerely of timcam— acres of land more, and comastanthy lived selves, constitute a settiemeimt, whmere on time grommmad, except when time inline— time party actually lives at a distance, amid diate approach of danger from the sava- ha’s no tenant occupyimig time ground. ges imsduced hmimmm to remove occasionz~ly Ne’ithmer will a mama’s setting iaisfsol or therefrom. heau-t on a tract of lammd, and ci-aimimig it The flu-st commencement of the defema- ris Iii’s own, give such a prcfem-emmce as time damat’s improvemeumt, was one day earlier’ law contemplates. 1-’ammcied rules of tiiamm time opposing claim. On time 3d of honour cannot determine the question. Api-il, 1792, lae crossed time i’ivem-, iui A settlement nmust depend omm time peculi- company withi two others, in seam’ch of ar circumnistances of every came, which iauids 0mm that day lie planted 10 or 1~ may be greatly varied. We cammmmot, hioav- hills of Imidian coi’n, deadened 7 or 8 ever,pronounce,thiat time plaintilPs proofs trees, amid marked time initial letters of canme up to our idea of an actual settle- isis natee, with gun powder, 0mm Link’s nient wimicim would authmom’ize a sui-vey. cabin. In time two following months ha. Time plaintiff took a nonsuit immediate- planted femur hundred hills more of Iiidi— iy. ~I1lleg1memug,May, 1799. (MSS Re- an corn, and hoed them occasiOnally. ports.) S. C. 4 Dallas, 161. 1mm September he grubbed two acres, The Lessee of Xeal JiT’Glau,glmlin v. rolled the iogs,burnttlaem amid the brma~h, ,iv’iclmslas .Dun’so,m, is reported in 4 Dal- and cleared the ground. In October hit las, 221. But not sufflciemmtiy full to took out a plough and horses, pioumglsed. give an extended view of time principles time ground he hiul cleared, sowed two adopted amid established under’ thism act. bushels of m’ye, tind built a good bhock Both parties claimed time lammc ,, b vir- house, about 12feet square, but did not tue of actual settlement, Time plaintiff,1 covet’ it imm. During this year he hivec~ on ,the 4th of April, 1792, crossed time with hmis brother Benoui Da’srsoun, at Ohio, grubbed, a small piece of ground the mouths of Mill creek, miboimt four near to a cabin wimicli had been erected miles distmimmce from time lamsds in dispute. and covered in by one Lurk, in 1790; Iii February and March, 1793, lie made cicared a ‘spot about 40 feet square, clap.boards, covered isis block-house, macic 10 or 15 rails, wisicir he put up, made a door, timid shept omme or’ two mmights and planted a few ‘seeds of corn. On therein, lie cleared four acres mnoi-e time 11th of the same month, lie is found land, and maivled rails for six acres. In living amid ‘sleeping in time cabin, amid in the followimmg niommth he inclosecl,afield of- the two following mouths, occupied in 7 acres mvithm a fence, planted it whIm 1mm’ digging imis small pmmtchm, piammtimmg pota- dan cons, amid afterwards attended it toes, amid sowmg garden seeds, lie made from tinme to time. lIe and on~e(?eou~-~ a chmmmumey; ammd thmouglm notified of dan- Clamk were seen together in the block- gem’ fi’omms time Indians, staid one night house; and one ,Zhmsmicl Saueam’ingeui de- lommger. In August lie made a door to tnztndetl oj the di~tnictauhvveyoi”mn ass~s-’ ‘VOL. IL ~1o

1 7~84. unit, to make asurvey in consequence of 8 trees, or mmtrkimmg the defemidaiit,”s ~ the defendant’s settlcmnemmt, wlmiclm was name omttime cabin, confer any right. refused on the ground of time plaintiff’s Time improvements amid cultivation of’ ear-lien appiicatiomm for a smmrvey to him. time piaimmtiff, ivi’hl be foumici, on an acemi- In doe season lie pulled his cons, and rate m-eview of time evidence, to be imiferi- Lodged it in the Loft, of his block-house. or jim extent to those of the defendant, flum’ima~ 1793, defendammt was engaged in cads distinct year, except 1797. Time as asix month’s nmamm, atPizilipa’s station. oume depended oum his own exertioims, and In 1794, lie was seen plooghming, and he was poor; the other could call to hr’s a5 disposed of his fom’mer crop of corn. He sistamice the services of his friends amid put in more corn whicim was seen gm-ow- pomimsections, imnd commanded moneyS ing clurixmg this ye-at’; and lie was also But time fom-met’ possessed one strong, engaged duringthi’s yeas’, as avolunteer’ promimmcmmt feature of aim actual settler’, on the fromitiens, 1mm 1795,he put 1mm 2 1-2 a constammt, personal residence on the acres of Indian corn. He cropped with groummd, unless when intimidated by time his brother Tlmonmmis at time distammce of 5 impemmdimmg danger of a savage foe, en- suites from thinse lamids, and. lived with conmpassed by his small stock of provi- his fatimer occasiommaliy. In February, sioums timid beddimig, timid his few fhmiiy 1796, isa u~annied,amid removedwith iii’s utensils, amid impiemeumts of husbammdry; wife immto time block-laouse, where they while time latter was emigeged as a vu!- have resided since. I-Ic imad 8 or 10 ummteet’ intime public service, or lived. with acres cleared, and under good fence; Isis fruthier or brotimernm. in correct lan- and in 1797, lae grubbed and cleared 3 guage, it is physically impossible, thinmt acres additional, near’ the block-house. a man shmsld have two imomnes at time In 1792, the parties, respectively, same time. It may as weltbe ss~id,that warned each other against continuing a body may be 1mm difi’cremat places at the tlaeir improvemeumts. The plaintiff’s war- same instant, acts are time most unequi- rant was not entered 1mm time office of time vocal proofs of time bent of time mmmimad. deputy-surveyor of the district, until time Here .IW’Glarmgimlimm?s intemitiosm to m’es’ude 234 of August, 1793. aim time lands 1mm dispute, is completely Jig time Coupt. The question is, wimichm denmommstrated by poison-al residence, -amid of’ these claims ought to prevail, amid a permammemmt adimerence to time soil. Time f’s naturally subdivided into two points. immtent is executed in fact. 1st. Whether time pretemisiomms of the Jim E-walts’ lessee, v. JIigimlancTh, ira plaihtiffas an actual settler, are prefera- delivered our explicit opimmioms, on dummi ble itslaw to the defendant’s previous to consideratiomm, tim-at “4, persommal resi- the 23d of August, 1793, wlmemm isis war- dence must, in time mmatun’e of timings, ac- rant was entered withthe deputy-survey- company amm actual settlement, unless or? 2d. Whethser sincetim-at period he is isnpemmding imminent danger exists, not vested with additional equity? which would prevent a man of reasonna- Time act of assembly of 3d of April, bin firmness of mind f’rom continuing on 1792, certainl~’hsmid in view the popula- time 1-amid;” and we am-c now more firmly tion of the back country, and time fbrm- impr’essed with time correctness of tim~s~ log a barmier on the froumtier hands, ninth sentumeusts. But it has been asserted. at -and west oftime rivet’s Ohio ammd Ahhegime- the bun’, that this construction woulml say andConewango creek, by placing nu- throw actual settlers in a worse situation merous families tisereon. Whetlaer the tlman warrant holders, under time proviso titles are derived onigimmahly from labour contained in the close of the 9th section bestowed on time groummd, or’ disburse- of the act of 3d of April, 1792. This ~ient of cash, no Wart-ant, or survey we deny. ‘rhmat pu’ovz8o only respects ‘shall, by the 9th section, vest any title time pu-ogress of the improvement, ims to such lamuds, “Unless the grantee ha’s clearing 2 acres for every 100 -acres 1mm made, or s~iahhwitimin two yeas’s them-oaf- cach survey, erectimig a messuage there- ter, mumike, or cause to be made, an ac- on, and residing thereomi for five yeats. tual settlement thereon, by clearing, It does not relate to time co,nuumencenment, fencing tmnd cultivathmgat least two acres or origin of time title. In time reason of for every imundred acres contained in omme the thing, time rights of actual settlers ‘survey, erecting thereon a messuage for must depend. oma time priority of their the habitation of’ man, and m’esid’mng, or settheniemmts; nmmd a settlement necessa- causing a family to reside thmci’eon, for rily involves in itself a persommalresidence the space offive years mmext followimag his of time party oma time gm’ound. And such m’s nettling time same, &c’~ the legal idea of an improvement, as de- Lurk’, cabin being erected before time pemmding omi the act of30th of December, pnssmmmg the law, emnpowem’immg time sale of 1786. these lands, give’s imo equmitv either to Time lightin wimich ave Imave viewedtime hum, or plaintiff; nor can time planting first poimmt, u-emsders it unnecessary to f’S of a dozenhills ofGerms, dc~uIening7 e~‘otto the ~econd.iiithepresent ca’se. Tbma ~211

court conceiving timst time plaintiff is time lie rcfum’sed going, and would not permit ft’84. first acttmmml r~sjmJtumtsettler on the lands Rudolph to take possessioms. in qmmestion, according to the true moan- It fut’tiuem’ appeared, timat in 1793, and big’ of time legislature, and intithed in 1794, mao settlements were made across bhmat ehmam’acter to recover time possession time 01mb and .Blleghermy. Earh~iii March, of the hands, will only add, that to his 1795, a few individuals removed withmout ibi’mer riglmt he isa’s added thelegal right their families, to the v’rdimmity of Fort of a warrant. Verdict for time plaummtifi FranL-lin, Cusscauago, and Cm-aig’s Sta- Allegheny, Octobem’, 1800, (MSS. Re- tion, but none settled. at a distamice, or ports,) detached from time garrisons. Some of The Lessee of Ja,umes Scott v. William time white people, in the spring of 1795k i .2srdersomu, was settled on time same prima- flm’ed on time Indians; this incited tlmern ~iphes, time same day. to make reprisals, amid, timey accordingly, Thur case oftime Lessee ofRobert .]iVmr. ‘in time same spring’, killed two person~r mis a’. IJ’illiam JWIg/mmmman, ~1llegheruy, near Cuismeammago, on French creek. It May, 1799, before leates amid ,yu,mim’/m, was totally unsafe to remove fitmiiies iii- Justices, is briefly stated. in 4 l)aliris, to time immteriot’ of time eoummtry until 1796, - 209. But as this commtroversy greatly migi- whems settienments iii gcnem-mml took pbac~, tates time country, amid lsas hiithert.o muds Two questions weremade. 1st. Whefl • engrossed.the attemmtiommoftime legislature, timer time plaintiff forfeited his right un- It is deemed of importance to give the der time warrants, bynot making his set. different decisiomis prettymuchiii detail; them-nemsts omu time lammds wifimimi time two a full statement of facts is also necessa- years? 3d. \Vhether, if a forfeiture was m’y toa competent ummd.erstandingof each immcurm-ed, tue dcfemidamits mighmtmint enter, arid, the condition beimig bruIt-en, take particular case, Sameplmzint,ff ~. ~ ,7lueiumem’. (MSS. Reports.) advaumtage thereof? By t1m~Uumuem-t. These causes are said Theplaintiffclaimed time lands 1mm qucs- to imam’olvmr extensive immterests, and time tiomm, on time watersof Big Cozueqmwiuesing mnagusitmmde of the case denmamads peculiar i’reek, ummder two warrants dated 4th of attention. Time solution of the question’s March 1793, and surveys made thmereon, whichm hmave been agitated, depemmds more 12th and 19th of November, 1794. immediately oms the 9th sect1o~of th~ It appeam-ed, tim-at when these sus’veys act of 3d of April, 1792. were made, with many others, fom’ the Time act appears to be the m’esult of us plaintiff, there had been erected omm all spirit of cuumupromise between the advo-’ the tractz, seven small cabins by per- cruics of’ actual settlements, and warrant son’s who immtcnded thereby to Imold the rights. Time omsiy distinction between iammds; amid time agent of time plaitmtiff, to them is mmmdc iii the 5th sccti~u~i,wiiicimdo— preclude dispute, hmmd. bought from the clru-es that “Lands rictually settled amid, different claimants for 110 dollars, On isnpi-ovcd puiou’ to the date of the entry time 25th of July, 1796, the agent took of awarrant with time dcputy.sui’veyor of out a mill wrighmt, to build a mill oms the a district, shall not by virtue of stick lands then occupied by J~ighmmman, and warrant be surveyed except for time own- dcnmanded. time possession thereof. Time er of sucim settlement or improvement.” latter permitted him to level time avatar, Thai’s is commfessedlya great preference; but would not suffet- imimim to do other for if the particular lands avere actually work, as lao insisted. time plaimmtiff’s war- vacamat mmmmcl ummiimmproved, wlmemm time avar— rants were dead,for d~fcetof settlememmts rant issued, a subsequemat settlement and. within time two years, At this time Xeigli- improvemmicnt made time day before Its cmi- titan had a small cabism, and about omme tt-y with time deputy-surveyor, ‘slmali post~ acre of t’iiimbei- deadened, but imad no Imone time ivarrant rigimt. fammly on the gm’dmmmid. 0mm time 1st of ‘l’hie Qtlm section laresct-ibes ‘time terms Mam’cim, 1797, time defeimdant settled with omm whiichs wrmrramits amid surveys shall s-ems imis fmmmnily cia tlme land, amid before time o title to lammds lying mmot’tim and. west of brmmigmng of the ejeetment, had built a thm~rivers 0/ui’s and. .flleglmcumg anti Cone~ large cabin, 16 feet by 18, and a barn, wang’s cmeeX~. “TIme grasstce shall with- cleared 10 acres of land, and, had begun in two years, Etc. But it is pros-aded mn a. to make time dam and forebay of lmis immlhi, subsequent clause, tim-at “If any such wimich he afterward’s comploted. actual settler, or grantee ins ammywarrant, S,iciner, time otiser defendant, came ‘shall by force of am’ms of tile emmemmes of with his family on time other ti-act ofiammd, time United. States, be prevented froni on the 8tlm of April, 1797, mmuiact- Juteigim- malt-big’ ‘such actual sett.!enmemit, or be uman, who was boumid to make hmiiam a drivematbcr~froni,and shall pem’sisç in lii’s good title to one moiety thmereof. Just endeavours to make such actual settle- tutu ime was beginning to work, omme JacOb memat as aforesaid, then, in chimer case, J?uidslplm, a tenant wlmo hi-ad accepted a hue amid his heirs shall be entitled. to Immure lease umsder Mon-tutu, warracti 1dm oil; bu~ gmmd hold. Um~s’sid’ iammd$ in thO sanic 5 212 j~54,, mazt~er,as ii’ the actimal seLt~ementImad. 1795, between,. General Wayn~and time been made antI commtinned.” Indian tribes; and peace withtimem could L~_j It is a matter of public notoriety, that mmot be said to he established, ummtil tin-at war subsisted between the citizens of treaty was ratified by the president amid the United States, amid the western 1mm- senate of time Ummited States, omm Lime ‘22d dians from 1790 to 1796. The expedi- of December, 1795. Here then is a tion of General 11cm-mar into time Indiami safe rui~to go by, freed from all danger lerritos’ies took place in 1790, which was of iiitrodmmcing perjuu’y. Time terminus a ~uccecded by that of Genem’al St. Claim’, ~mwsettlements shall commemmee, may ~,vhowas defeated on the 4th of Novena- safely be dated from the comastitutiommal ber, 1791. These are facts which cama- ratification of time Gu-emville treaty with Imot bum forgotten by time people on the time Indian msations, amid If after that pe- frontiers. The sum of 1. 4000 wins ap- riod, actual settlers or grantees “ shall propriated for the defenceof the western persirt ins theirend.eavours” to make times’ frontiers of this comnmonwealtim, “In im- settlemiments, they shall not immeur a forfei- minemst danger of beimig invaded by the ture of their iauads. TImi’s we take to be Indian tribes, them at war with time Ummited time tm-ne meauiiuig, or spirit of time law. States,” by ama act passed17th of March, But granting, fbr argusmiment sake, that 1791. The same lamiguage is spokems in forfeitures were incurred by reasoum of the preaimmbhe of another act passed 20th flour scttkimcmmt for two years after time of January, 1792; and time govcrmmor avas date of the warramsts; who shah enter • thereby empowered to engage thuree conm- for the eoumdition broken? ‘Fun words of panics of rifle men to pu-otect amiddef’cncl the law imm time 9th section are freed from the western frontiers, and 1. 4,500 were mill dnnmbt anddifficulty u,n tluislie-ad.. “In appropriated for thatpnrpose. ‘7lie same default of suclm actual settlement amid provisions avere made by another set resudemmce, it shall and may be lawful to passed 3d of Apmil, 1793, amid 14,000 and for tire commonwealth to issue new dollars allowed. These infamitry compa- warrants to other actual settlers fom’ time nies were to be raised and stationed for said hinds, or any part thereof, recitimig the protection of time frontiers of West- time origins-al warrammts, amid that actual moreland, Wamhimmg-tom and .‘2lleg’Jmcn,~j,by setticnseimts cmiii residence imave miot beemm a law of 38th of Fcbm-tmary, 1794, arid made imm ptmrsuamsce thereof; aumil so, as ~30 men were to be u’aised by another often as defaults simall be mn:m4c, fur time lmmw passed 23d of Scptempbem’ 1794. tune, amid 1mm tIme maimer aforesaid, whicii These differemmtpublic acts comport wit~i new grammts shall be umider and. subject to the oral testimony given 1mm the ccnmm-se of all auad eveu’y the regulations’s comitaimaed the trials. Until 1796, it was unsafe for its this aet.~’ ihmiiies to cross time river, into thd new- - Time nmew warrants, issued tmusder ps’o- ly granted lands. In 1795, some few per c’ureumiustamaces, operate met ai9mzumst’s of bald, adventurous persons settled 1mm the office to devest time fom’mer estates gm’ant- ~primrgnearthegarrisons; ~etno famnilics ed; and no individuals caum take ‘ad,vama- temoved. timitimer whim wonmemm amid cliii— tage of time breach of tine condition, nmn- drum. Iumdictmnents for s’obSw’y usniformuly l~,m’s tiam’ougha the instrumentality of the tharge that time party robbed was put liz state, by granting msdmw wmim’rants, in a j~ar;and- if the fant he attended with specified form, This m~thodof proce. those circtanmstances of violence or ter- dumi’e is obviously pointed out by the le- ror, which in cosammona experience are gislature, to avoid tIme umisehuiefs necessa- likely to induce a man to part with Imi’s rily attendq~mton private pen-sons assunm- property for the safety of his person; it ‘snag upon themselves to determine, whets ~vihl afimount to us robbery the law will time estates ofthe persons setthimsg, or oh. presume fear,where there1is ajmmstground. timinimig warrants, should cease and be- iou’ It. Tlae basmie prinmeiple applies to come void: aumci- leastof all oughtthose the section of the law mmmdci’ considcr~- persons to have advantage of’ forfeitures, ~ion. For though time act certainly coma- if tlmey really too~Cplace, who by their ~eunp1atedtime eettlermment of tiu~commmltry own acts, and mere wills, prevented a withIn a ~lcriod ‘sot remote, it provide’s comphiammce with tine term enjoined by for pèrsomms prevemated from making such tire law, on time part of those who wci’e ~ettk-m6usts “By force of arms of time desitous of setthimmg and imnpm-ovimmg, amid enemies of time United States,” IL can- imad fully paid foi’ time lands. If’ time cx’ not reasonably be tuhn.-ra to be time will ~f pressions of time law were not as particu- ~.he commummity, that tlmcs~ settlements lar as ave find them, we should imave no ‘shunuld lao made ummdeu’imjmnmiuic’umt, impend— difficulty in pr000ummcing, tim-at no persons ~mmgdanger, at a distmummee fromma time garri— should take edvaustage of timeir own sons, or wimeu’c timerc was lust grouumd to wrong; and, that it does lieisa time mouths lean’ such danger. Time mmmar comalinued of men like time pm-escnt defendants, to omfact until the treaty was concluded at say “Time warm-amats mire u/end, we wilt Pout Gu’cnvilk, on the 3d of August, tmnke~amid withmhioki the possession, am~ 213

thereby intitle ourselves to reap benefits us, the warrant hears date time l3tis of 1784. • from an uumiaavful act.” We are bound April,1792,and itis notoi”momms, amid not de- to say, that on both time questions which nied by the defendammt, tim-at fan’ snore tim-an h-ave been made, the plaimat’mfi us intutled two ye-am-s fromtim-at time, tluerc wasopeul to verdicts. Tine verdicts were, accord.- wmnm’ with the Immdiamis, wimicim reusdered it ingiy, for the pIaintiffl damiReroums to attempt a settlememat oftime Time poimst of forfeiture was also deter- lmnnd in dispute. It may be safely affirm- m’i,med in time same nmammner in I1’ilkicns’s ed, from time pnmbhic acts 01’ time eommoua lessee, v. .4llenton, .~lleg1meum~j,Novem- wealth in gi’anmtimmg money amid raisimig ber, 1801, before time same judges, tm’oops for time protection of time country, (i~SS.Reports.) that this state of dasiger existed manmtil ‘In the Lessee of JIa:ard v. Lowrejj,in time pacification by Gemiem’mml lVa3Jnme’s trea- the supreme court. 1 Binmncy, 166. ‘Flue ty withm time lmmdians. If the damiger aris- case was :—Time plaiumtifi”s warrmmmit Imure ing fm-urn tunis war excused the warrantee date time 13th of April, 1792, and called fm-mum nicking a settieniemat, so did it like- • for 4-00 acres “Ad,jo’mmmimmg laud this cimmy wise excuse time deputy-surveyor from • grammted to IVa/ten- &eavcmi-t.” 0mm tine 17th snmrveyimlg Lime immmsd. Time counsel for tIme of Jimmie, 1794, mnou’e tinasm tavo years af- defemidamst contenmds tiimmt mm as simuchi as ter the date of the Warrant, a survey was time wan-rant does not describe the i-amid, mmmdc mmpoum it by tine deputy-surveyor of except mis “ Auljmminimsg a tu’act granted to thin district, accom-ding to tine clescriptioum Walter Stewart,” which hail mmot been in the warrant, “Adjoinimig Wa/ten’ Stnraj— surveyed, time warramitee could not lemmas’ au-t;” hut mao entry was made at tim-at avimer’e it lay, until ‘it was surveyed, amid. time by plmuimntiff, or by any one under of cnmsseqiuenmce lie could not be pi’event- him, witim a view to settlemnent. Time dci- cii from settling wimmit lie had mao rig-lit to fendamit eusteredoma timelamadin .Tuiy, 1795, enter aim. But this argnrnent has usmore mmmiii plmmimit’mfl’ broug’lmt lii’s cjeetment to of refimmemncmmt tim-an solidity. ‘When tine Septcmmii)cmr, 1797, mom-c1 thmamm a year’ mind. as-mmrrmnumtce paid iii’s momma)’, cmiii took out a clay aftem- General Jl in~’ne’treaty, bimt iii’s wam’u’aimt, luis Lithe eomnmemicc~h, lie ob- less tinama two years, tmnincd mc rigiut to m’edmmce time imund.to acer- Three poimats were reserved 0mm the tri- tmninmty by survey, amid lie shah not be de— al. 1st. Whether, as no survey was l)n’ived of timat rig-hit by tine event of war. nuade upon the phaimutifi’s warrant, with— Theme is mmothimag in time act which airtho- 1mm Lava years next after the uhatc, any simm’- rizes suds a position. On the contrary, vey times-eon made aftem-wards, could vest the proviso, imm tine 9th section, wimich cx- a title in the was’rammtee- 3d. Wimetimer umuses time setthenmcmmt, does virtually cx- any title vests imm a Wmurrammtee under time cumse time survey. act of 3d of Api-u, 1792, unless hue hi-as ‘I’iae tlth’ml po’umat for our dec’nsioma sup- maclu an actual settlement before time poses tim-at time avarrmuitee was prevented date of time warrant, or ivithmium tavo ye-am’s by the emmenmy from making mc settlernemst next afterwards. 3d. Whether, suppos- for two years from time date of time was-- ing the plaintiff to have barns prevented rmnmmt; but time defendant contends tim-at a durimag the two years after time date of settlcrnemmt was imot nmade witimium a n-comiC- hmis warrant, from usnaking -ama actual set- able time after time prevention ce-ascii. It tienment, Ire mad proceeded to make It was decided. by my three brethren at a within mc reasonable time after the pi-even~ special court at uS’msmnbmtu7f, tim-at a m’easone- tioum ceased. ble time for sUch setthenieist simouhd be Tilglmnman, C, J. delivered time opinion allowed; and to that opium’nomm I subscribe, of time court. The fin-st mind sccomndi)Oimits Time question timen is, mvii at is tim-atsea- may b~coussidered under oneview. Tlney sonable timame? The law la-as mint fixed it.- as well as tine third poimmt, -arise out of But mis twoyears are allowed forbmmildimmg’, the act of time 3d of Apu-il, 1792, -ann cieas’immg mmiii fencimig, in cmmse tine country prunempaily out of’ thie-9th sections of’ tim-at humid bcemm in a state of peace; it seem’s act, most consomaant to time spirit of time law, Although this section is expressed timmnt wlrem-e war existed from time date of • wuthm suds obscurity as to la-ave occasioum- time warrant for two succeedimig years, ccl great diversity of opission among men not less timmum two years should be mmhlow- • of the first abmluties, yet there are spflme ed from time pacification by time tm’eaty by • pomnsts conmcermming which there can he lit- which time war was concluded. I undem’- tle domubt. One ofthese poiumtsis, tim-at ‘if stand this to have been the opimiioui of time settlement required by law is pie- time judges of tins court, amid I see mao- - vomited by force of’ au’ms of~time euiemmsies thug wimieim should. induce us to depart of time Ummited States, time interest of the from It. Time dcfemmdammt, then; haivinig cur- grantee does mnot revert to time conmmnomi- ti-red durimig the time thrum plaintift’ humid mm- —~ wealth, although tlae settlememit is not right to imoud time land, for time purpose of’ made witimun two ye-am-s from the date of nm:nking a settlement, was a wromig’.choer, tbe wars’annt, Now, in the case before amid subject to he removed chimer by am~ 214

1 p84. entry em’ by ejectnsmint. It follows that within time time tlmereims mentioned, and time plaintiff semis enititled to judgment tim-at he tine said A.B. had pem’ss8eed in isis ~ inn time circuit court, and. that judg- endeavours to make such settlement, ment must now be affirmed. timere is gu’anted by time said eommomm This ,judgtnent folly comufirms thedoc- wealth ummto time saidA, B. a certaimm tract trine of .JZom’ris v. Xeighnnan, amad time of hand, &c. point is settled. But a change having taken place in time But another question ofvery greatimim- Land-Officers, a new construction was portance has am’isenimpommtimeprovisoiui time given to tine proviso, attached to the 9tlr 9th. seet’uoo,which has divided the judges section of the act; it was insisted that rio of time same court: mindupon tire construe’ patent could issue, unless the terms of set- tion of which, thejudgments of differeumt tlement and residence, were, at ronnie pe- courts have been comatrary. It is lament- riod, completed, though the obiigation to ed by the editor, that the history of thm’ss complete them, durinug the Indian war, interesting’ conflict, will swell thai’s note was suspended, and the resolutions and to mum msnreassnable length; Inst as the proceedings of the former Board of Pro- work is professedlydesig’mmed,(not forthe perty, on time sumbject, were not deemed at1~ ham-, to whom tine whole subjectis fam’n- throm-itative and couuclusive upon the new list’, bitt) for time information of the citi- beard, At the same time a number of zens of the comnmonwealthm, wino have persons entered upen time lamads ofthe war- not -access to time books amid authorities, raumtees, ama the pretence that the forfeiture ~haedetail is considered indispensable. for imomm-settlemsaernm, was absolute, atthme expiration of two years from the date of The question is, whether tine commdi- tine wan-ants, aiad set up claims as mmctual tions of ae’sual settlement, by reason of settlers, When the company, known by the Imidiasm hostilities for two years after the name of the Holland la,md compau~y, mime cl-ate of a warrant for lands -across who had received many patents under the Alieghemmy, are extinguished, or us- prevention certjficatem, applied, withs’mimmilam’ ~ensed with, by the ~rovioo ma time 9th certificates, for the rest of their patemits, ncctiomt of the act of the 3m]. of April, time secretary of time Land-Office refused 1792? to issue them. Time company therefore, - Umader time idea, that by time prevention by their council, moved in the supueme s~fthe eusemies of time Ummited S’tctes, the court, for a rule on the secretary of the lands could. not be settled within the two Land-Office, to sinew cause, why a man- yeats, and that timer’efbre tine conditioim damus should not be awarded, command- of settlement was extimmgurisiaed; the ing him to prepare and delmver patents to Board of Property, in goven-nor .Tii,’~7in”s the company, for various tracts of mmmd, time, by time opinion of time thorn Attor- 3cc. ney-Genmerah, bud devised a fornm of cer- The case was argued at Maceli term, tificate, which has been ten-med a pre- 1800, and is reported St great lengths, in ‘ocintion cm.’rtj/lcate, as follows: “liVe do 4 Dallas, 170, 8cc. under the name of hereby certify, tim-at A. B. (time warm-an- “ The com,nonwecjit/a Sm. 2iuncth Ccxc, c’s- tee, or settler,) hmuthi been preveunted from thu/re.” making a settlement on a tm’act of hand, The court differed in opinion, but the containing ‘~00acres, situate, icc. con- motion was ov~rruiedby th’s majority. formable to time pm-oviao contained in the The opinion of Shsippemi, C. J. is as 9th section of the act, entitled “An act follows, for the sale of vacant hands within tins - The legislature, by the act of time3d of commonwealth,” passed time 311 day of April, 1792, meant to sell time remaining April, 1792, by force of arms of time lands of the state, particularlythose lying ~saemiesof time United States; and that on time north amid west of the rivers O1ij~ he, time said A. B. math persisted iii lais and 41/egbemmy. The coosideratioui was to endeavours to make snack settiememat.” be paid on issuing tine warm-ants, They Upon tins certificate, sigmacd by two had, likewise, another object, namely, that 3ustices, being produced at tlae Land- if possible, the land should be settled by Office, a patent issued, notwithstanding improver’s. The latter terms, however, the avarrasitee h-ad. mieltimer improved, nor were not to be exacted from the grantee’s settled. Time patemat reoited, that “A. at all events. The -act passed at mm tumim~ 33. hiss made it appear to time Boardof when hostilities existed osi the part of the Property, that he was, by force of arms india,: trmbes. It was tiuscertaima when of the enemies of the Un/tad States, pm- they wouki cease. The legislature, there- Tented from making sttcim settiement omi fore, contemplated, that warrants might the hmercuitafter duseribed tm--act of laud, he taken out during time existence of these its as required by the 9th secticmn of an hostilities, which might continne so long, act of the general assembly of this com- as to make it impossible for thewan-an- monwealths, passed the 3d day of April, tees to make time settlements requited, for 1792, entitled “An act for the s-ale of a length of time; not, perhaps, uhtil after vacantlands within thiscorniuomtw~altl~,”tlae~ehost~hiticsahotikientixeby cease. ‘~ct, they naruke no provision, that the settle- the condition of settlement and residence, 1 4- ments should be made withnn a reasonable and declaring that the title shall be then time after the peace; but expressly with- good, and as effectual, as if the settle- in two years after the date of the war- meat had been made and continued; I rants. As, however, they wished to sell cannot conceive they could mean to exact the lands, and were to receive time consi- that settlement at any future indefinite deration money immediately, it wouldhave time. Amid, althougia it is maid, they meant been unreasonable, and probably, have de- that condition to be indispensable, and feated their views iii selling, to require that it must be complied with in a reasona- settlements to be made on each tract of ble time; we have riot left to us that lati. 400 acres, houses to be bulit and lands to tmsde of construction, as the legislature be cleared; in ease such acts should be ren- have expressly iimired time time themselves. dered impossibleby time contintmance of the It is urged that the main view of tIme Imitlian war. Timey therefore make the legislature was to get the country, settled proviso, whsichm is the subject of the present amid a barrier formed; this was undoulut- dispute, in the following words; “pro- edhy one of their views, arid for that pcmr- vided always, ~ pose they have given extraordinary en- When were stmch actual settlements to couragement to individual settlers; bimi be made? The same section of the act they hmad, likewise, evidently, another which contains the above proviso, guves a view, that of increasing time revenue of direct and unequivocal answer to thus ques- the state by the sale of the lammds. Time t’non, “within tine space of two years next very tithe of the act, is “For the sale of ~fter the date of the warrant.” If the the vacant lands within this common- settlements were not made within that weainha ;“ this latter object they have time, owing to time force, or reasonable really effected, but not by the means of time - dread, of the enemies of time United States, voluntary settlers; it could alone be effect- arid it was evident tim-at the parties isad ed by the purses of rich men, or large used their best endeavours to effect the set- companies of men, who wommhd not have tienuent; then, by the express words of been prevailed upon to lay out stscim sums the law, the residence of the improver’s of money as they have dosme, if they had for fIve years afterwards, was expressly thought their purchases were chogged wish dispensed with; and their%titletothmeiammds such impracticable conditions. was complete, and patents might issue tic- I irave hithen’to argued upon the pm-c- corchingly. It is contended, that the words susuption,that time words, “pen’s/st intheir “persist in their endeavour,” inn theprov/so, euideavours,” relate to the grantees, as should be extended to mean, that if with. well as time settlers; but, in coumsidering in the two years, they should be prevent- time words of the proviso, it may be welL ed by the India,: hostilities from making doubted, whetinerthey relateto anyother the settlement; yet when they should no grantee, or settler, tim-an those who have longer be prevented by tlsose hostilities, beenn driven from their settlememats. The as by a treaty of peace, it was incumbent word “persist” applies vary pn’operly tti on them, their so persist to make such set- srmcb. TIme words of time proviso are, tlement, The iegisiatmnre might, if they “If sucim actual settlers, &c.” Ucre, be- had so pleased, isave exacted those terms; sides tim-at the grammatical constz-uctiomt (anti they wonnid not, perhaps, have been of referring time avord “persist,” to the unreasonable) but they have not done so; lmmst ammtecedenmt, is best answem’ed; time they have expressly confinedthe time of semsse of it is only apphicmmble to settle- snaking ‘such settlements to the term of memmts begun, amid not to time condition of two years from the date of the warrant. the grantee’s. There are two mesmnbcrs Their meanming and intention can alone be of time sentence, oime relates to time gran- songht for from time words thsey have used, tee’s, who it is supposed nisy be prevent- in which, there seemh to me, in this part ed from makinug their settlements; tluma of the act, to be no great ambiguity. If other to tIme settlers, who arc supposed the contrary 1-mad been their meaning, they to be drivemm away from time settkumiemsts, would not have made use of time word The latter words, as to them, arc proper, “endeavomer,,” whiscia supposes a possibili- ty, at least, if not a probabulimy, as timings as to the gm-suites’s, who never began a, therm stood, of those endeavour’s failing on settlement, impropem’. Tine act says, inn c/them’ case, that is, if time gl’antees am-cm account of the hostnhities, and would, prevented frommakimmg timeirscttlermaesits, timerefore, have expressly exacted actual or if time settlers are driven away, and, settlements to be made, when tine ~,ur. persist in timeim’ endeavours to cornpletnn chasers should no longer run any risk in their settlemament’s, in citlaer case the~y nmakimsg them. shall be entitled to the land. The state having received time consider- I will not say tlmis construCtion is imm- Sttaa money, and required a settiememmt timely free from doubt; if it was, there within two years, if riot prevented by cue- would be ann end. of the question. snies; and in that case disptnsiog with J3tt~takimig it for gm-anted, as it h~ -216

1 784- been douse at time bar, tin-at time words re- whnerma warransti lu-ave express relatieni to hate to time grantces, as well as to tine otirers, depending oui a leadiumg avami’anit, settler’s: yet although inaccurate, wuthi avlsicin particularly locates sotuse kmmuwmn regard to time former, it seems to me, spot of ground. the legislature could only mean to exact On time lie-ad of merit, ins time Jfolla,:d from the gramitces, their best cmmdeavours lamic’t company’s sp:mu’ing noexpcnnse topmo- to make time settlements, witimimm the cure setthemcmmts, I believe tlnerc arc few space of two years fromtime dat.e oftlaenr dissenting voices beyommd the mm,ummtains; warrants; at the end of whicim time, if end one would be induced to comiclude-, they have been pm’evemated from comply- tim-at a variety of united, equitable, dr. ing with time terms of time law, by time cnmmstances, would not fail to produce a actual force of the enemy, as tlmey had propel’ degree of imnfiuenmce on time pmnbhic actually paid for time land, they au’e tiurn ivilh of time cmmmmunity. But we ate intitleti to their patents. If the legisha- compelled by tine duties of our office, to trim-c re-ally meant differently, all I can say give ajumdicial opinion, niponi time abstm’act Is, that they have very unl’ortuusatchy ex- legal qumestioms, wlnether if a warrant pressed their meanimmg. holder, nunder tlae act of the 3d of April, Yeates, jitstlce. I have long moped 1792, luas begun to nacke Iris actual set- and flattered myself, thmat the difficulties tlement, anti is prevented fm’om conaplet- attendant on time present mmjt;our would lug the same, “by force of arms of tIm haye been brougint before the justice and enemies of the Uititcd States, or is driv- equity of tine legislature for solution, en therefrom,” amid shall make new ems- antI not come before time judicial au- deavaurmu to consphetethe ‘same; but f’sii thority, who are compelled to dehivertime in the accomplislument thereof, the con- law as tbey find it written for decision. dition of actual settlement anani s’esidenee Tine question has often occnmrred to otmr is dispeumsed with, and extiniguished ? minds, under the act of 3d of April, 1792, which has so frequenithy erngaged I am consstrainied, after givimmg tine simb. our attentions in our wcstcmmm circuits. ject every considerations ins my power, to The ffolla,ud company have paid to the declare, tin-at I hold time negative of the state, time commsideration money of one proposition, for time following n’easonss, thousand one imundred amid sixty two collected from time body of time act itself. warrants, amid the surveying fees, omi one 1st. The motives imiducirng time legisb;u.. thmotnsand amid forty eight tracts of lnusd; tturc to enact time law, are distinctly besides making very considerable expen- marked in time preamble, that “ Thur ditures by tiacir cxertioms, hmonourabic prices fixed by law for othuer hands,” to themselves, and useful to time corn- (than those included iii the iiniksn inur— munity, (as ma’s becum correctly stated,) chasc of 1768,) are foumid to be so luighi, in order to effect settlements. Comput- as ten discumtirage uc~ua1scttlem’sfrom ptur. ing the sums ‘sdvanced, the host tracts, chnm’sinmg and /uumpm’ovi,nB’ the s~mc. by prior improvcmensts and imitem’fcjemmcc~n, 2d. Time 1anid~hying north amid west of and the quantity of omme lmttndt’cd acres time rivers 0/i/o and ~il1sy~Iuen,mj,and Con- gm’auite/l to eaclu inelividuiuh for mrikismg an emuam1~o creek, are ofl~rcdfor s’si~,in actual settlement ens tireiu’ hands; it is person’s wino will cnltive:te, improve annul. said, tim-at averaging time wlaoie, hetweens actt4~time snunmie, on’ cause tine same to be two hntnmudred ansd tisirty, and two humus— ctnitivatcd, innproa’ed and ‘settled, at and tired amid forty dollars, imaa’e beemi cx- for tine price of 1. 7. lOs. 6mm cveu’y lien. L,endecl by the company, Qn each tract of dreti acn’es thereof.” By sect. 2, tine hand they now iay chains to. price of’ hands is tints’s lowered, tu cnm~ Time indiam war, which raged pt’evi. courage -actual settlennemuts. onus to, amid at the time of time passing 3d. By sect. 3, ‘~Uponmthe applica- time laav, and unitih tine ratification of the tion of any person who may have settled treaty at Font &‘reuville, must have and improved, or is desiruims to settle thrown insurmountable bars in the way anti improve, a plantation witimima time un— of those persons, who were desirous ~f its aforesaid; there smalL be gn’rcnted to sitting thmwma immnediately on lands, at lain a warrant not exceeding 400 acres, any distance fu’omn the military posts. &e.” These obstacles must miecessam”sly imave constunued for sosne time after the remov- The application granted, is not to take al ofimpending danger, from imperious imp lanids; but it must be nccnmpauiieci, csrcumsta~ces.tine scattered state of tine either by a previous ‘settlement anti im- inhabitants, and the difficulty of early provement, or expressiomis of a desire to settle anad improve a plantation; anti UI collectnmmpumpphies ofprovisions’s: besides, timis form all stuch warrants hn&uvc iasued. it is obvmou’s, that settlements us most 4th. By sect. 5, “Lands actmmail~set- imistances, connid not be made, until tine tkd and inmproved, prior to the date oh lands avere designated, and appropriated tine cmatry of’ a warrant, with time deputy by stu’vey’s, amid mom-c especially so, sunrveyor of (lie disti’ict, sinaI 1 not be surveyed; except for tine owner of such and residing, on’ causing a family to re 1784. settlenuent and improvement.” side timereon, for time space of five years, m,,,..~,.j This marked preference of actual set- next following time first setthimig of’ the tlers over warrant holders, who may have same, if he or she shah so long hive. paid their money into time treasury for “1mm time middle oftime clause, time same a particular tract; even, perhaps, be- words are used in a more limited sense, fore any improvement of tine land was and am’e coupled with time expressiomm meditated, shows, in a striking manner, “andresidence,” and in the chose ofthe the intention of the legislature. section, in the proviso, time same words, 5th. By sect. 8. Thme deputy-survey- as I understand them, in a strict gram. or of the district, smith, upon time ap. matical constm’uctionoftime whole clause, phicathon of anyperson, wimo has made nmrust be taken iii time same large and an actual settlement and improvement comprehensive sense, as they first con- out these lands, survey and mnnnrk out veyed; because the terms, “Such actu- tIne hines of the tm’act of hand, not ex- al tettleo~enmt,”used in the middle of ceeding 400 acm’es for suschm spphicanit.” tine section, an’e repeated in the proviso, Time settlement and improvement and refer to the settlement describediii alone, tare made equiv~dentto a war- the foregoingpart; amid the wor’ds, “ac- rant, whicim may be taken out, by sect. tual settlement as aforesaid,” evidently 10, teum years aften’ the time of passing relate to the enumeration of the quali- this act. ties of such settlement. Again, the 6th. I found my opinion on wimat I confiningof the settlement tobe within. take to b’e time true and legitimate con- time space of two years, next after the struction of time 9th section; in the date of the warrant, seems a strange close of which is tobe foundtime pm’av/mo, provision. A war with the I,ndinmis na- from whence spring all time doubts on tives subsisted when time law passed, the subject. and its continuance was uncertain. Time It inas been said at tine bar,that three state of time coumntu’y miglmt preveumt tIne different constructions have been put making of surveys for several years; on this section. and until the lands were appropriated 1st. Timat if time warrant holder has by surveys, time precise places where been prevented by mud/ann imostilities, they hay, could not be ascertained ge- from makilig hi~settlement within two nerally. yeam’s, next after tlue date of his war- Still, I apprehendthat time intentions rant, and until time 22d of December, of time leg’isiatum’e may be fairly collect- 1795; (the time of ratification of gcne~ ed from their own words. But I cams- ral Wayne’s tn’eaty,) time condition of not accede totime first construction, said residence and settlement is extinct and to have been made of the proviso in the goume. 9th section; because it rejects, as 2usd. That timotugh such preve~1tmondid wholly superfluous, anti assigns no op- not wholly dispense with tIme conditmon, eration whateven’, totime subsequemst’ex. it hindered its mmnnning within that pen.. pressions, “ If any grantee shall per- oml; and tinat tIme grantee’s persisting ins sist in his endenuvoui’s, ~ which is his enideavoum’s, to make an actual set- taking anunwarrantable liberty with the tlement amid residence for five years, or law. Nor can I subscribe to time second witisimi a reasonable time thereafter, constr’ucrion stated, because it appears shall be deemed a full complnance with to me to militate against the general the condition; amid spirit and words of the law, and dis.. 3rd. That in all events, except the torts its great prominent features in time death of the party, time settlement and passages already cited, and for other residence, shall pm’ecede time vesting of reasons wliicln I shah subjoin. I adinere the complete and absolute estate. to. the third commstruction, and will now Though such great disagreement has again consider time 9th sectton. It en- obtanneu, as to tIme tu’ue meaning of this acts, in time first instance, that, “No 9th section, both sides agree in this, warm-ant, &c. Provided, &c. thmat ut s’s worded very inaccurately, in- “Persist” is the correlative of at- artmficuaily and obscurely Thus it will tempt on’ endeavour, and signifies he foimmid towards time beginusing of’ the “hold on,” “peraeven’e,” &c. The be- clause, that the words “ Actual settle- ginning words of time section, restrict merit,” are umsed in an extensive sense, time settlement, “to be within two ins mnciunnwe of resmdemsce for fIve years ycurn’s mnext after time date of the warrant, because mts constituent pau’ts are enu- by cleari;~g, &c. and by residing for time merated and descm’ibed, to beby “Clear- space of five year’s, next follo’sa’ing hm’s rmmg, fencinmg and cultivating at least two first settling of the same, if he or she acm’es fom’ every humidred acres, contain- shall so long hive ;“ and in default there- ed in one srmrvey; erecting then’eomi, a of, annexes a penalty of forfeiture, in ~aaessuage for tine habitation of man, a mode pre’scribed~ But tine pn’ovieo’~hn’ VOL. fl 2E ~18

1784, hiev~sagainst this penalty, if time gran- eu! cy-pu’es’, amid the substance pursue~ tee is pm’evenmted front- making such set- 2 Vein, 266. 2 Fonbi. 221 tleamennt by force, ~uc.anti shall persist ma It has been objected, that sucim a Juiremjeavours to make .rm;clnactual sentle. contract whim the state, is uumreasona- ment as aforesaid. Time relnef, then, bhe and bard on the iandhohders, and as I m’ead the wom’ds, goes merely as to o%mghmt not to be insisted upon. It will the times of two years next after the be said in reply, they knew the terms date of the warrant, and five years befon’e they enigaged in time bam’gaimm, amid next following time party’s first settling must abide by the consequences. The of L1~esame; and time proviso clechtres, only question is, wheulner the interpm’e- that persisti;ug, &o. simahl be equivalent tation of it be correct or not. to a conmtinuation of the settlement, 7th. A clue conformity to the pros’i- To be more imitehiigible, I paraphrase sions of time act, is equally exacted of the 9th section, thus :—Evem’y warrant those who found tix-ir preference to Imolder shallcause asettlememmtto bemade hands on tlmeir pen’sonah lebour, as of on his hands witisin two years mmextafter those wino groumid it on the payment of the date of Imis warrant, and a resi- nmoney. I know ofno othes’ distinctions dence thereon fom’ five years mmext follow- between tlmese ~wosets of hand imoldan’s, ing tine first settlement, oms pain of for- as to actual settlement amid residence; f’eiuture by a new wam’i~ant. Neverthe- than tisat the chatms of time former, less, if he shah be interrupted, on’ oh- must be limited to a single plantations, stm’umctecl, by extemnel force, from doing and the labour be exerted by them, or these acts witishmm time limited pes’iods, under their direction ; winile the hatter and shmmdl afterwan’ds persevere iii his may purchase asmany warrants as they efforts in a reasonable time, aftem’ the cau, and make, or cause to be made, remotal of such force, tmntii those ob- the settlements required by law. Addi-, are accomphislmed, no advantage son, 340-341. siiali be tajcen of him, for the want of It is admitted, on all sides, that time ~tsuccensiv.e continuation of hm’ns settle- terms of actual settlement and m’esi- macnt. denee, are, in the first place, pm’ece- Time constrmmctiqn I hav~adopted, ap- dent conditions, to the vesting of abso- pears to me to restore perfect symmetry lute estates in these lands; and I can- to time whole act, and to prçserve its not bring myself to believe, tin at they’ due proportioniç. It affords anm easy an- are dispensed ‘cvithn, by unsuccessful ef- swer to the ingenious qmsestion propos- fom’ts, either in the case ofwarrant hold- ed by the coumisci pf the Nollqnd com- ers, or actual settlers. In time hmttem’ in- pany. ~t say they, immediately after stance, our uniform decisionsli-ave been, ~ warrant issumes, a settler, withomnt de- that a firm adherence to the soil, unless lay, goes on tine ground time 11th of cpntroiled by imperious circumstances, April, 1792, anti stay~there instil time was I,he great criterion, which marked next clay, when Ise is drivemi ofF by a tlne preference mm such cases; and I savage enemy, after a gallinmit defence have seen no reason to alter my opinion. ~nd then fixes his residence as near the 8th, Lastly, it is obvious from spot, as he can, consistently with hl’s the pm’eamble, asd section 2, that the persommal safety, does tine warm’antee settlement of the country, as well as lose all pretcnsinnng of equity 1 or, sup- ~he sale ofthe lands, was meditated by pose he imas time good fo~tummeto continue this law; time latter, however, apPear’s there, firmly adhering to the soil, for to be a secondary objectwith the hegis- two or tinner years, dun’ing the Indun~n hutture. Time peopling of the country, hostilities; but i’s, at length, compelled by a hutrdy race of’ men, to the most to r~~msioveby a superior force; is all to extreme fm’ontier, was pertaimmhy tlue go fun’ mmothming, amid must lie necessarily most powerful barrier ageins~a savage begin agaimm? I answer to both queries ptmemy. in the negative; by mmo means, The Having been thus mmmute in deliver- /rovso supplies time pimasm of succes- ing my opiniion, it remain’s fu,r me to sive years of residence; for every day ‘say afew words, respecting these per- and week Inc resides on the soil, lie is sOfl8 who have taken possession of part intithed to credit in his account witim of these lands, supposing the warrants the commonwealths: but, upon a return of peace, when tine state of the coun- to be dead, according to the rant try wmhl admit of it, after making all of the day, and who, though nmot par- ~easonmubheahhowanmccs, lie mnmst resume ties to time suit, are asserted to be im- time occupatuc,n of time land, and com- plicated in our decision. If the hands plete hus actual settlememit. Although are forfeited in the eye of the law, ~ chai’mty cannot take place accordingto tlmongh they imave been fnuliy paid for, time breach of time condition can only be ~ hetter~yet- it Ought to b’s perforuii- tuti~n a4vanta~eof by the common- ‘wealthn, ins a msmetinod prescribed by law. ‘with the assistance of the Attorney- 1784. Immnumerable mischiefs, and endless General, to curry time same into effect confusion, would ensue, frousm indivudim- without delay. al’s taking upoms themselves to judge Sect, 2, prescribed the manner in when warrants anal surveys cease to wlmich time said qmmestkuns were tobe de- Imave validity, and making entu’ies on cided, And, sect 3 directed that time ‘such lanmds at timeir will and pleasure. judges should devise and direct, in I ‘will repeat what we told the jury in what mnunner~ tsu~dunder what circtnm~ .2ktom’ris’: lessee, v. Neiglzrna;m and S/ida. stances, parties should be admitted to Cr: “ If time expressions of time law time suit, amid ‘what notice simotuld be were not as particulars’s we find them, given respectinsg time same, &e.. and we should have no difficultyin pu’onounc- that timey should certify the verdict amid hug, that no person ainonnhd take adv&un. judgment to the governor, previous to tinge, of their owns wrong, and tim-at it time nseeting of time next legislatunre. does mat Lie in the mouths’s of men, like Sect. 4. And in order to prevent them timose we are speaking of, to say the confusion that wotmld arise fn’om lamming warrants are dead; we will take and dnffei’ent warrammts for time same lammd, withslmold time possession, and tlmen’eby and to prevent law suits in future re- entitle oumrselves to reap benefits from specting grammts from the Land-Office an mmniawftml act,” On the whole, I am under the act of 3d of April, 1792, the of opinmiomm, that the rule should be secm’etary of the Land. Office was pro- discharged. hmibited ti’om granting ninny new warrant Smith, J. I imave li-ad a full opportuni- for land which he had reason to believe ty of considering time opinion delivered had been already taken up under a for- by my brother 2eate: ~ and as I perfect- mer warrant, but its all snmcln cases hue ly concur ins all its principles, I shall shall cause a duplicate copy of the ap- confine myself to a simple declarations plication to be made, on which he shall of assent. write his name, with the day amid year Brackninridge, J. having been concern- in which it was presented, and file the ed for time Holland company, when at original in his office, and deliver the the bar, declined giving any opinion. copy to the pam’ty applying. Provided, .liy the Court. Let the rule be di’s- that on every application so to be made chmam’ged. and filed, shall be certified, on time This decision, however, had no ten- oath or affirmations of one disinterested dency to settle the cosmtroversy subsist. witness, tim-at the person making such ing between the warrant holders and application, or in whose behalf it is time settiers. Petitions were presemmted made, is in actual possession of time to tine legislature by the settlers, re- hand applied for, and such certifi. questing their interposition. These cat’s shall mentiosm also time time whieti were encommmmtered by memom’ials from stichm possessions was taken; and time time companies But on time 2d of April, mnppiication so flied, shall 1)-a immtitied to 1802, an act was passed, emitiried “An tine same force and effect, and the same > act to settle tine controversies as’isimmg priority in grnunting warranmts toactual from contending claims to land, within settlers, as thmonmgh the warrants had that part of time territory of this corn- been granted at the time when the ap- monwealtim, nom’th and west of’ the ri- plications were filed; and should tlm~ vers Ohio and 4lle~lzeny,and t’oneueango decision of time cotmrt and jury, at the creek, (chap. 2277.) trial afom’esaid, be in f’avour of the The pm’eanmbhe recites at large time 9th claims of time actmnal settlers, tine a’s- aectioms of time set of 3d of April, 1792, cm’efary of the Land-Office slmall pro- “That applications were making for ceed to grant time wam’m’ants, upon time flew warrants, in cases, where in tine pum’chase mommey being paid, accon’ding opnnmun of time applicants, time original to time priority of the applications flied ‘warrantees are hnm’m’ed from claimninig in his office, titk by thmeim’ own defanilt, ins not com- - Time propo’sed questions stated un time plying,with the comiditions m’equnred in act, are as follow tine sand section, &c. with other reci- 1st, “ Am’e warrants hiem’etofore tals, which will appeam’ in time case wimich granted under time -act of 3d of ~pril, - follows. 1792, valid-and effectual in law aga~nmst The fimst section then directs time thus commonwealths, so as to bar tlii’s judges of the aumpn’enie court to meet comnwunwealth fm’c,m granting time same together witisin timm’ee months from time 1st ot April, amid devise a fom’m of’ ac- land to other apphicansts unmder tile act certain aforesaid, in cases where time war-an- tion for trying and sleterminin~’ tees lmave not fully anti fairly csmtmphmecl proposed questions rel,utis’e to tlmese dis. with tim-a conditions of sc-tt~ement, im- punted tithes, amid tI’an~nmuitthe same to provement anti residence, n’eqnJnr’~by tine governor, whose duty it was mud’s, the said act, at any t~utebefore tine 1784. date of the said warrants respectively, issued on the evidence of prevention ~ or within two years -after h” certificates alone, tiney are not vo’mcl, so 2d, “Are the titles that have issued as to authorize time state to sell the from the Land-Office, nuder time act same land to other purchasers? aforesaid, whether by warrant or patent, On time firstof times’s points, they ob- good amid effectual in law against thins served, timat it hi-ad never been comi- commonwealth, or any person claiming tended, that time Hulla;md company had under the act aforesaid, in cases wiser’s performed the condition within two such titles have issued on the authority, years; but only, that time condition was end have been grounded upon the cer- discimmmrgecl, on’ suspended, by the op- tificates of two justices of the peace, ération of time proviso, on the facts of usually called prevention certificates, their case; particularly the fact, that ‘without any otimer evidensce being given an l’ndiuvm war existed for several years, of the nature anti circumstances of beyond time term of two years’spêcified such prevention, wiuereby, as is aiheg- in the act of Assembly. And, on tine ~d, the conditionms of settlement, ins- second point, it was sufficient to say, pi’ovement and residence, required by that althmoimgh the prevention certificate the said act, com~mld not be complied was the evidence prescribed by the with ?“ public officers, amid ought, therefore, Time Holla,ud company declined this to be binding on the government, yet special jurisdiction. In their reasons that even waiving that objection, thepa- delivered to time judges, they said they tentees would be deprived of their land, could not approve of the terms of the wimen other satisfinctory, and legal evi- preamble of time act, by wimichm the le- dence, was, and Is ins their power, to gislature hail mmmmdem’takems to declare the prove time circumstances which entitled meaning and construction of the origi- them to ptents. n-al contract, (the very point in contro’ They’ therefore declined becoming a vez’sy;) nor could they admit time right party to the proposed suit, because a or propriety ofd’mctatimmg a new, and per- decision on the two abstract questions, haps, unconstitutional mode of settling ‘would still leave untouclsed, and untie.. a judicial qtmestiomm, without the assent cided, the great and essential part of of all the parties in interest. time controversy. Time merits of tue case, they say, Thejudges, having devised and pub. evidently involve the following consi- lishmed the form of a feigned issue, on a derations; 1st, Whether time company wager to try time two questions proposed have complied with time condition of in the act; having given public notice, time 9th section of the act of April, tin-at all parties, inteu’ested in the issue, 17921 2c1. Whether the reasons assign. would be heard attime trial; and having ed for a non compliance with the condi- 8ettld and prescribed the other neces- tion, bring their case within the provi- sary proceedings, the court met on so 7 3cL Whether the proviso operates the 25th of November, 1802. (The upon cases that arebrought within its chiefjimstice not attending,) t Sunbury, terms, to discharge the condition en- when a jury was Impannelled, and tirely, or only to enlarge the time for sworn. No counsel appeared fbr thu’s performinugit? 4th. Whether the com- grantee’s. The case is reported in 4 pany have so persisted in their endea- Dallas, 237. By tue name of “Attor- vour’s to perform the condition, as to smey-Gmuneralv. the Gratntees under time act ~be still ‘within the benefit of the proof April, 1792- On the 26th of No- viso I And, 5th. Whetimer the govern- vember, 2’eates, J. who presided, deli- ment, by prescribing the evidence, on vered the following charge to time jury. which - patents had actually issued, in That time decision of time court and cases broughtwith’sms time proviso, could jury, on the present feigned issue, usow take advantage of the forfeiture, should “settle the constroversies aris- for a supposed non compliance with ing frosn contending claims to hands time original condition? north and west of time rivers 0/do, and But, in tlmeir opinion, time questions Alle,çheny, and Conewan,i’o creek,” is an proposed by time 1egisIatut~e,excludbd event devoutly to be wiehed for, by an investigation amid decision, upon -any every good citizen, “It is indispensa- other point than tine following 1st. bly necessary that time peace of that part ‘SVlsetlner, if theHolla~mdconnpuunnyhave of thu’s st-ate slmouhd be preserved, anti not performed time conditit,n, on which complete justice done to all parties in- the warrants ormginally issued, ‘within terested, as effectually as possible.” two years, though the residencecould (Preamble to Act of 1802.) not be completed till tine expiu’arion of We have no huesitmitions in declaring, five years, the sta~is barred from that vie are not withçmut our fears, that geanttng thesame lands to other appl’m- time good intentions of the legislature, etints? And 2d, whetherpatents having expressed in the lawunder ‘which WC f~21

now sit, will not be effected. We hope ing of the first question be, are titles 1784 ‘we shall be happy enough to acknow- under warrants, sss;~ed under the law ledge out’ mistake lucre-after. of 3d of April, 1792, for lands mmorth it is obvious, than, time validity of time and west of time rivers Ohio and Alleg- claim~of’ the warrant holders, as well /neny, and Coneuoango creek, good asmd as of the actual settlers, must depend avaiiable iugainmst the commoumwealtlm, so upon thu’s true and correct construction as to bar thm~granting of tIme same land oftime act of3d of April, 1792, consider.. to other applicants, where the warran- ed as a solemn contract between the tees imave nmot fully amid fairly complied commonwealth and each individual. with tine conditions of sentlemenmt, im- Time circumstances attendant on each provennent and m’esidenee, required by particular case, may vary the general the law, at ausy time before, or within legal cor,clusiomm in many instances. two years aftes’ the dates of time respec~ We proceed to time disclmarge of tIme tive warrants, ~ntime of ps’ofoumud peace, sluties enjoined on us by the hate act. ~uhenthey were not prevented front making The first question proposed to our such actual settlcrneimt b~force of’ arms of consideration, is as follows; (see it’ tineenemies oft/ne United States, or reasons— before stated.) able -and welt grounded lear of time ene- It wiltbe proper hmere to observe, tim-at mies of time United States7 The an’swet’ on the motion for a mandamus, to the is ready ins the lanmguage of’ tine acts be- latesecretary ofthe Land-Office, at time fore us, ;mmd cans admit, of nmo hesitation. instance of time Holland company; the (Reciting the 9th section of’ the act ot’ members of the court, after great con- April, 1792, and the above cited part sideration of time subject, were divided of the preamble of tti~act of 1802) in tlneir opinions. But if time true meaning of time ques- The cidef justice seemed to be of tion be, whether ummder all given, ot’ opinion, tbat if the warrantee was “by supposed, cim’cumstances of peace or force of arms of the enemies of the soar, oftimes ofperfect tranquillity, or im- United States, prevented from making minent da:u~er, such warrants are nor an actual settlement, as described in ipsofatto void mind dead mn law, we are’ the act, or was driven therefrom, and coius~n’amnedto say, that our minds re- should persist in imis endeavotnrs to make fuse assent to time general udlirmative of such actual settlement tisereafter. “It the proposition. would annousit to a perforumaunce of the We will exemp1if~our ideas on this condition in law. Two of us thought, subject. Put’ the case, tluat a warrant that in all events, except time death of taken out cathy in 1792, calls for an the pas’ty, the settlement and residence isimmnd, or desmibes certain land, With, contemplated by time act, should pr’s- acctmn’acy and precision, by the cotirse cede the vesting of the compiete and of waters, or other natuu’al noundaries, absolute estate, -and that “every war- distanut lions any military post, nnmd tlmat Pant holder, ~ (recitimig tine 9tim see- time warraimtee, after evideimc’inig time tion,) to this opinions judge .flrackenridge fullest inteumt’iomns of making ass actual subscribes. settlement on time lands applied for, by It would ill become us to say, which all the necessary preparation of provi- of these constructions is intitled to a - sioums, imphemuments of husbaumdry, k- preference. It is true, that in time pre- boturers, cattle, he. cannot, with nosy amble of the act of the 2d of April, degree of personal safety, seat himself ~1802, it is expressed, that “it appears on the lands witimin two years after tine from the act aforesaid, (3d of’ April, date of the warrant, and by reason of 1792,) that the conmmq~m’mvealtimregarded time just terror of savage imostulities I a full compliance with timose- conditions ‘Wilt not the proviso in tine 9tln sections of settlement, improvememmt. and resi- of time act of Sd of Aprml, 1792, ex- dence, as -an indispensable pai t of the cuse time temporary non performance of purchase, or commaideration of time land itself.” But it is equally certain, that an act, remudes’ed highly dangerous, if the true test of title to the lands in not absolutely impracticable, by innpe- rious circumstances, over which he Imad question must be resolved inmt’, tine legi- no controui? tunmate meaning of the act of 1792, ex- Or, suppose another warrant, de~ tracted cx visceribmne omnie, independent penduusg, in point of description, on - - - of any legislative exposition tiiere~f.I other leading warrants, which tine di’s- adhere to time opmnions which I formerly triet surveyor, either finns time state of delivered in bank; yet, if a different time country, the hurry of the business interpretation of the law shall be made by courts of a competent jueisdiction of hi’s office, or other causes, could, in the dermis’s,’ resort, I shall ~e bound to not survey until time two yeas’s were nearly exph’ed, and the depredationus acqunesce, though I may not be able to of time Indians should intervene for time chman,ge my sentiments. If the means- residue of t~eterm; will not tinis, also 1784. sulspend time operation of time forfeiturel “ Are the tithes that lmave issued, ftc. ~“ ~ Nothing can be clearer to us, than that (as before stated.) the terms of the proviso embrace and It was stated in evidence ems time mo- aid such cases; and inmdopenident oftine tion for a mandamus, and proved on strong expressiomms made use of, we this trial, that time Board of Property should require strong proof to satisfy beingdesirous of settlimug a formatmode our minds, that the legislature could of certificate, on svlmich patents might possibly mean to make a wanmton sacri- issue for lands ,north and west, &c. re- fice of ties hives of her citizens, quired the opunion of time Attorney-Ge- It ‘m’s said in the books, that condm- neral thmereon; and on due considernu- tions rendered impossible by the act of tion, a form was uniterwards adopted on God, are void. Salk. 170. 2 Co. 79, b. time 21st of December, 1797, which was Co. Lit 206, a. 290, b. 1 Roll. abr, 449, ordered to be published in the Pitt’s- 1. 50. 1 Fonubi. 199 burg Gazette, and patents issued of But conditions precedent must be strict- course, on time prescribed form .bein~ ly performed to msmake the estate vest, complied with and though become impossible, evens by The received opinion oftime supreme time act of God, time estate will not vest; Exeonstive Magistrate, the Attorney~ aliter of co,mdjtions tubteque,nt. 12 Mod. General, the Board of’ Pn-opeu’ty, and of 183. Co. Lit. 218, a. 2 Vern. 339. 1. a respectable part of time bar (whose Chan. ca. 129, 138. Salk. 23~, 1, Vein. sentiments on higat cpiestiuums wuhi at- 183. 4 Mod, 66. We desire to be un- ways imave.great and deservedweigint,) derstood to meanm, thmat the “prevention at tim-at day, certainly was, that if a wan’- by fou’ce of arms of the enemies of the rant molder was prevented by force of ‘United States,” does not ~n our idea, mtrmns of tIme enemies of the United absolutely dispense witlm, and annul the States, frc,rru makmng his actual settle- conditions of actual settlement, inn- ment, within two years after the date provemenmt, and residence, but that it ofhis warrant, mmmd afterward’spersisted suspends the forfehure by pvotracthng in hi’s endeavour’s to make stuchm settle- the limited periods. Still time conditions ment, thnmt time conditions Was extin- nstsst be performed cy-pree, whenever gusished -and gone. Persisting ‘in endsa- the real terror arising from the enemy vour8, was construed to mean smmme- has subsided, and he aim-all honestly per- thing; attempts, essays, &c. but tim-at sist in his endeavour’s to make such ac- dud not imply absolute success, or actual settlement, improvement and re- cornpiishnnemmt of time objects intended sidemsce, until time conditions are fairly to be effected. By some it was timougint and fully complied withs. tinat the endeavour’s were only to be Other instances may be smmpposed, commensurate as to the thne of making wherein the principle’s of prevention time actual settlement, and were tanta- may effectually be applicable. If a per- mount, and ‘should avail the parties “in son, under time pretence of being an ac- time same manner a~if time actual set- tumtl settler, simall seat immmself on lands, tlements mad been made and conmt’t- previously warranted and surveyed m~ued,” within the period allowed, under a fair The decisions of’ the court in Mo,’- constrmuct’uon of time law, to time war- ris’s lessee v. .N’eighmae and otlmei’s at rntntee, fumr the making his settlement, Pittsburg, May, 1799, tended to make ‘ivitlmimold the possession, and obstruct time former Opinion questionable; anti him from making his settlement, he two of time justices of the supreme shall derive no benefit from this mnnhaw- court, adopted a different doctrine, in fiul act~ Co. Lit. ‘206. Dommgi. 661. 1 timeir jmudgment betweenm tine Holland Roil’s abc. 454, p1. 8. Godb. 76. 5 Vinu. company -and Tench Coxe. 246, p1 25. In tue argumnenmt in thmit case, it was We trust that we Is-ave ‘said enough insisted by the counsel for time plain- to convey our sentiments on the first tifib, that the Board of Property, in point. Onu~answer to the qusestion, thmeir n’esolves, and time goveu’non’, by imis proposed, is, tb-at suds wai’rammts may, patent, represented tine commonwealth, or may not, be valid and effectual in ~ro mat vice; mmmd tin-at interests vested. law against the commonwentitls, accord- under timens,whicim could not afterward’s ing to time several times nd existing be delbated. Insets accnmpanying such warrants. Time We cannot subscribe hsereto. If time result of our opinion, founded omm our conditions of ‘settlemnent, improvement, best consideration oftime matter is, tin-at and residence, ate indispensable at all every cite’s must depend on, and be go- events; they become so by ass act-of vei’nmed by, it’s own peculiar circum- thus dulFeu’emmt bramucimes of the iegist* st’enmres. tore. Tine goverusorwho has a quail- The seconmd question for decision is, lied negative in time passing of law’s, ~23

cannot dispense with tlmeir i’njunctions; dunce, pointed out by the law, cliii be 1784. an-nd it cannsot be said, that timis case established by other proof. .. fails witlnin the meaning oftIne 9th sec- We must repeat on this head, whmat tioni of tine seconmd article of the con- we asserted on the former, that every- StilOtion: “ The governuor shall is-ave case must be governed by its own pe- power to remit fines and forfeitures, culiar circumstances. Until the facts and to ‘grant reprieves and pan dons, really existing, as to each tract ofland, exc~ptin case ot’impeachmnent.” I’ re- are ascem’taimmed with accuracy, time legal laos merely to penalties consequnent on conclusion caisnot be dr-awn with any public offence’s Nor can it be pn’e. degree of correctnpss. Ex facto oritur tended that the Board of Property, by jut- any act whatever of tlmeir own, can de- 2d Here we feel ourselves irresisti- rogate from time binding force of law. bly impelled to mention a difficulty, But tIne fact is, an intention of dispens~ wimich strikes our minds forcibly. Onur ing witim the iaw of i792, cannot with reflections on the subject have lcd us to any degree of justice, be ascm’ibed to ask ourselves this question on our p11- the governor, or Board of Prupen’ty for iows~ Wimat wouid a wise, just, and the tiusie being. They considered timem- indepenslient chanceilur decree onm the selves, in uimeir different functions, vir- last qmnestion? Executory contracts are tually uhiscimarging their respective du- the peculiar objects of chnuncem’yjuris- ties, in carrying the act into execution, diction, and can be specifically ems- -according to time general received forcei by chancery alone. Equity forms opinion of the day: they never intend- a part of our law, says the hate clmief en to purge ~ forfeiture, ifit had really justice, tn’uly 1 Dallas, 213. accrued, nor to excuse time non-per- If it had appeared to such a chancei- - formance of a condition, if it imad imot br, by the pleaditugs, or other proofs, been complied with; agreeably to time that the purchase-money bind been ~.uiiy pmubiic will, expressed in a legislative paid to time government by time mdlvi- contract. dunal for a tract of land, tsnsder time l.’tw Time smie of law i’s thus laid down ‘Sn of 3d of April, 1792; that times of dif. England. A false, or partial sogges~on ficulty ansd danger imad insterm’ened, tb-at by the granmtee of tise king, to time king’s sums of money had been expended to prejudice, whereby he is deceived, will effect an actual settlemenmt, improve- snake time gs’amlt of the king void. Rob. ment mind n’esidence, wimich had not 229. Cro, El. 632. Yeiv. 48 1 Co. 44 a. been accomplislned folly: that by means .51 b. 3 Leon’ 5. 2 Hawk. 398. 1 Black, of amm unintentional ‘mistake on the part 226, But wimere time words ann time of time State officen’s, ins granting him won’ds of tine king, and it appears lie his patent, (time officers not led to that inns only mistaken the law, there Inc s/nail mistake by any species of fraud on’ de- snot be sainl to be so decei~~dto the avoid. ception on the pant of time grammtee,) he ansce of the gu’asmt. Per sir Samuel Eyrt, Is-ad been led into ann en’ror, and lulled into J. Ld Raym 50. 6 Co. 55 b. 56b. at- a confidence, that time conditions of the > cord Bunt if any of the lands concerns- g’riust imad been lega1ly complied with ing which the question arises, became and, then’efore, he lund remitted in his0 forfeited by the omission ofcertain acts emmdeavours thnereimn; would mmotime think enjoined on time warrant holden’s they that under all tinese circumstances, do not escheat to the governor !or the thus combined, equity should interpose time being, for his benefit, nor c-an he and lmsntigate the rigid law of forfei- be prejudiced, as governor, by any tture, byprotracting the limitedperiods? grant tisem’eof, tisey become vested in Anmd would it not be an additional tn’s whole body of the citizens, a’s time groand of equity, timat the political state propem’ty of the comnmonwealnh, subject of the cnummtry imas materially changed to the disposition of time laws - since 1792, by a surrender of tine west- We are decidedly of opinion that the ern posts to tine government of’ the patents, and the prevention certificates United Ststtes, and peace with time In- recmted in time patent’s, are not conclu- dian nations, both wimicim render an im- sive evmdence against this common- mediate settlement of time fi’onstiers, in-u wealth, or any hmem’son cl-aiming tinder some meastnm’e, hess necessary than the act of 3d of April, 1792, of the pa- heretofore? tentees havung perfon’med the condi- But it is not submsttcd to ins to dn’aw tnonns enjouned on them, althou~hthey the line of property to these lands, tlmcy have pursued the form pm’escnibed by must be left to time cool ansd temperate time land-officers. But we, also, think, decisions’s of otlmem’s, before svhosmm tine that the cnrdummstance of recital of questiomms of title may be nugitated. We ‘smuch certificates, will not ipso facto are confined to time wager on the mat- avoid and nullify the patent, if tine ac- ters before us; and on botim qnmestionms tual settlememst, improvement amid resi- we I~avegiven you our dispassiommat~ ~224

1784. sentiments, fom’med on ‘~lu~reflection, decisions’s, lihahlreapnno at~vsmntagethere- ‘...~ according to time best of our judgment. from. it’ time Case was evens dubion’s, We are‘uimterested merelyas common tise defendamit’s lawless comnduct sinouid, citizens, whose safety and Imappiness is postpone imim, on principles of general involved in a due administration of the policy and safety. Verdict forthe plain. laws. We’profess, and feel, an ardent tiff, instanter desire, that peace and tranquilhty And, in the Lessee of ~orea t. Ander- simon-mid be preserved, to the most re- son and others, tine sanme principle was mote in~mabitantsof this commonwealth. held, and it was determined, That the Time jury found a general verdict in adverse possession of an actual settler, favour of the Attorney-General, on the within time time allowed to tine war- feigned issue; and judgment was ren- rantee to make his settlement, is ipso dered in these words. “Whereuppn it facto a prevention—And also, tin-at the is considered by the court here, that entry of an actual settler is not toni- the said Attorney-Genem’al do recover geable on a supposed default, witimout a of the s-aid grantee’s, his damages, costs vacating warrant or application, which and ciuai’ges n-d’on’esaid, amounting in time must be taken out beforesuit bn’otnght, ‘whole to two hundred dollars and six otherwise, they cannot be admitted in cents, and tise court accon’dinmgly render evidence on time trial. In the supm’eme judgment thereon for time plaintiff’, sub- court, September tem’m, 1808. (MSS. ject to the proeiso ins the 9th section of Reports.) The latter point was decided the act of ntssemblv, passed time third in the same way, by Teates, j~ n S/nip- day of Apm’il, 1792. pen’s lessee v. Aucheubnnclz, at Beaver, In time Lessee of Tinosnas .Euclnan,uanu September 1806. (MSS. Reports.) v. Adam Meyer, Westmoreiamnd, No- No beneficial consequences were es~- ‘vesnber, 1803, befom’e Teatce and .S’mltls, peruenced from the proceedings at .S’u,n— justice’s. (MSS. Repon’ts,) bury, although certain principles were Ejectmenmt for 40Q acres of hand, in laid down by time court, no one parti- Buffiuloe towmmship Armstrong county, cular title was settled. But every ease ‘within the jurisdiction of Westnupre- would, of course, depend upon time facts land county. and circumstances attending it. The Tine piaintift’claimed snnder a warrant object of the act was unfinhflib d, law for litruds across the Allegheny, dated suits were not prevented; nor was the 3d of Februuary 1794. And a survey of act itself connn,idered hum a favourable 405 acres 112 perches made thereon, point of view In could inave no opera- 19th of April 1795. tive, on’ binding force on’ effect. ‘lime It -appeared tim-at no person was set- Holland company being foreignmers, had tled on the land at the time oftIme piain.. recotuise to th~coum’ts of the U,mited tiff’s survey. On the let of June 1797, States, and from their ultimate decision an ‘surveyon’ was employed to trace the there is no appeal. Time subject ins’s lines, but was threatened by defendant, then’efore become more embarrassed th*L me would cripple him if he did not and the great question arisimng out of desist. He held a gun in his Imand, the proviso in time 9tim section of time act which he cocked, and declared he of ApriL 1792,. imas been solemnly de- ‘would shoot any on-ne wimo wonmld attempt cided in the supreme court of the to settle on the lands in question. By United States, adverse to tine senti- these means several pen’somma were in- ments of time legislature and time deci- timidated from going on the lands to sions of our own courts. This wom’k make a settlement. must exhibit evcn’y case, witim all its It was charged by the court, that feature’s, It ha’s nmo partial beaning’s. there having been mso actual settlement It is intended for time people, thmat nisey anterior to time plaintiff’s survey, the mnay be inmformed, not only of time exist- plaintiff’s tithe must prevail, umnless it ing laws which govern them, as the ba’s been avoided by isis nonperformance iegisiatore lmas ‘written linens; but of ofthe conditions of’ settlement, and im- judicial constructions umpon them. pnovement. But who has pm’evented While these suits were depending ins tlmis performance ? Who expects to de- the circuit court of tine United States, rive a benefit from this improper con- tine legislature on fiat 3d of April 18O4~ duct? The answer is, tine defemmdant. passed an act, entitled An act for as- If we count the period from whiclm the - certaining tine rigimr of this state to cer- settlement is to commence, fs’om the 22d tain lands lyinng north and west of time of December 1795. tIme ratification of rivers ‘Ohio and Ahiegimeny, and Cone- the treaty at Fort Grenvilie, the defen- wango cm’eek.” (Chap. 2503.) dantimas, ‘wnthmn tIne time allowed for It en-acts, ~‘ that application’s of actual ssmakmng time settlememmt, obstructed the settlers under tine act of 3d of Aps’ii plannmtuft or his agents, from complying 1792 (north &c.) describing pam’ticu- with the law, and according to all our barly the landa applied for, and fnhes~ ,‘with tlme secretary of tine Land.Office, the 3d day of April, 17t~2,entitled (C An 1 784u vouehimug stucin other requisites as pro- pet fom’ tine sale of the vacant lands s’ided for by time act of 22d of’ Septem. within tlnis commonwealth” the grass-. her, 1794, (winich will hereaftn-~rbe no- tee, by warn’ammt, of a tract of landlyiut~ ticed,) simall for two years from and after “nortim anmd west of the rivers Oimio and tine passing ofthis act, emmtitle the ap. Allegheny and Commewango creek, who, piicant, his heirs assd assigns, to -all tine by force of arms of time enemies of tke privileges and benefits, that an on’ig’nnal United States, was prevenmted li’onn set— or vacating warrant would entitle tinem tlimug and improvhmg time said land, and to, and on the trial of all suits brougimt, from residiing timereonu, from the iOtn ~ to be brought between warrantee’s, day of April, 1793, tine (late of the said and actual settlers, conmcernmimmg lands warrant, umutil time first dayof Janmuin-ry, ‘situate as aforesaid, tine actn-mal settler 1796, but wimo, during time said period, ~ulmaiibe permnitted to plead, and make peu’sj’sted in hi’s endeavour’s to make Iroof’ of imis inmprovemennt and residence, such aertiemnent and residence, is cx- as fully, and witin equal force ammd effect, cn-nsed from making such actual settle- in-s if’ such sctmiei’ had obtained a vaca- ment, as tine ennacting clause of the 9th ting was’l’nmnst ; bunt notiming ims timis act Lections of the said law prescribes, to contained shall be conan-rn-med to innpa’mr vest a title in time said grantee.” any contract or agm’eement, mmor to alter “2d. Winetiner a warrant for a trae,t the legal ur eqnuitable claims of aumy pci’- ofianmd, lying mart/i and we~c&c. granted son or i~rsonsto said lammds, nor to no- in time yeas’ 1793, under and by virtue of’ kate s-aid lands from tine cummdition’s of time said act of 3d of April, 1792, to a ~~ttlement, resideumce, improvennent, persons, wino by force of’ as’ms of the pnun’cimase money and interest, required enemies of time U,nited States’, mvii’s pre- by the aforesaidact of 3d of April, 1792, venmted from settling and improving tIme nor to time granting of lands heretofore said lammd, and from residing thereunn, reserved or appropriated by law. from time date of the id waxraumt, uimtil Sect, 2. Empowers time governor to time 1st ofJanuary, 1796,5 but wino, dur- employ counssel to attend to time inte- ing time said period, persisl.ed in lmis rests of time amate, in sn-nit’s commenced, endeavour’s to make such settlement, or to be commensced, or ‘wlnich simall be un-nd residence, vests any, ‘and if any, ready for trial at tine nsext April, or any what tithe is’s, on’ to time said land, unless succeeding term, in the circuit court of time said gl’ammtee sinahi, after time said the United States &c. preventions ceases, corn memnce, and with.- -Tine result of this is now to be stated. in time space of’ two years thmereafter, In the circuit comms’t, PemmnmsylNanmia clear, fence an-sd cultivate, at least two aisti’ict. Apm’ii term, 1805 acres fan’ every Imundred acres contained Huidekoper’.s lessee v. Douglass’. 4 Dal- in Imis said.sn-nrvey, erect tinereon a mes- i-as, 392. suage for the habitation of mans, and re- Ejcctment for a tract of i~nmdiyiumg side, or cause a family to reside there- north and ‘west &c. Plaintiff claimed on- on, for time space of fIve years next fol~ n-len-’ tIme Holland comjnansy, to winom a lQwng his first settling of the same, the patent was issn-mcd, upons a warrant and said gn’antee being yet in full life,” 2uryey. Time defendanmt claimed as an “3d. Wimetlser a grantee in such actual settler,-undem’ time act of 3d of warrant as aforesnmid, who has failed to April, 1792 ; a great many ejectmemmts maine such settlement, as tIme enactimsg were depending 0mm time ‘sin-moe timets and clause of the said ninth section requires, principles, and on time trial of’ un-niotlmom’ amid whmo is notwitimin the benefitof th’me ejectmruent, at a former term, Washingiwn, p;’sviso, has thereby forfeited his right 3. Imad delivered a ehuarge’ to time Jum’y, ansd. title to tIne said iand, until tine corn- - coinciding, generally, with tine cons- monwealthm has t’ahceum advanm’tage of th~ struction givenm by the supreme count of said forfeitum’e, so as to prevent time paid Femun.ylvgnia, to time act of April, 1792, gm’anstee from recoveriumg time said land .from which judgs’ Firers dissented. It in ejectunent, agaimmat a persons, who, at was therefore determined to submit any time after time two years from the time questions, upon wimich tine opinions time the prevemmtion ceased, or at any ofthe judges were oppo’seti, to time su- subsequeumt pen’iod, has settled and ins- preme court of the U,njts’d States, n-under proved time s-aid land, mund has everm~since the provision made, in ease of sucim a beemm in possession of tlme ‘sm~, disagreement, by the act of Congress, After argument, the opinion of’ the of time 29tim of April, 1802. TIme ques- court was delivered by clmief justice tions. were accordingly ‘stated, at the 2Was’s/nail, in time following manner. preceding October term, ins time follow- ‘rime questionns ‘wlmsch occurred. in t1a~ ing form. “1st. Wimetlser under the act of time case, instime circuitcourt of Pesmnsylvania, J~gis,iatureof Pennsylwq4a, patsed on tend on which time opinion of.’ tisis court is required, grow out of tine. act VOL. IL, 21? 2~G

f784. imy tine leghlaun’e of tisat stat e, entitled ject. It is by cimanging time participle ~ “ An act fur the sale of time vacant ins-a tine fin-tn-n-re tense of the verb, and lands w’nthius thuis commonwealth.” imm’stetnd of “ ann-i residing, or anmsisng The 9th section of’ that act, on which a F~nuily1 to reside timeren-ums,” reatimnig, the case principally doluends,is in these am shall reside, &c. The ciftici. of n-hula wo~tls“(see it before cited at lange.)” cormcctiomn of language xviiI be to de- Tine questions to be comnsidereh, restn’oy tine repmmgnmamucy which eXists in late pau’ticnmlarly to time proviso of thns time act as it ‘stammds, and to recutscii~ section; but, to construe tim-at correct- tinis pant of’ n-he sentence to tinat which ly, it will be mmecessan’y to umiderstand time imnnn-enlinn-tely follows, aimd which ul,so— enacsing ~Iause, which st-ate’s what is Jutchy dc’mon’s~ratesthat, ins tine vnf’w’ to be perfsnrmecl by the purciunser of a ~f n-ito iegislattnu’e, tine settlement mn-mud warrant, hefi,u’e the title to tIne lannn-ls tine residence coumseqiuemmt tlmen-’eon, were descm’ibeJ. herein, shall vest ins bins, clistinnct parts of’ tIne counditioum; the set, Two classes of pun’chascrs are coin- tiement to be made witininm two years tempiated from tine date n-f’ th~wau’rnumt, and tinc TIme one has in-iready perfhu’med every rcsider~ccin five yeas’s (sum n-he conn- condition of time sale, and i’s about to meuncernenit of tine ‘scttietmmemmt pay tine consideration mooney; tlue otimer Tin-is construction is tin-c more neces- pays time considem’ation monsey ins tine sary, because the very words “ smmch fim’st instance, and is, afterw~rds, to ae-tual ‘settlement and. residence,” pes’ibm’m the contlitions. Time~are both which prove that residence is reqnmrecl d”’sct’ihecl in time ‘sin-use sentence, and fn’onm time warrantee, prove, alit,, tlna~ from eacim, an acttnah ‘settlement is ne- settlement and i’esidence, an-re in coun- qinred ‘as indispenuniable to tIne cosssple- teniplation of the law, nli’stinct opera- tioun ~fthe title. Ins describinug timi’s ac- tions, In the nature of thimmg’s, scud tual se,ttlemesmt, it is declared that it from time usual import of the words, shall be made, in time case of a warrant they are, also, disiimnct. To make a sn-mt. previously granted, within - two years tlcmenst, no more n’eq;nires a m’esidenmce next unf~eptime date ofsuch warrant, “by of five, tin-an a i’esidennce of 1iv~inumm- clearing, fencing and cultivating at least died years; and, of’ consequen-ice, it two acre-s for every inummdn’ed acres con. it. is much mon’e reasonable to murnder- tamed inn one sn-nrvey, erecting tinereon stan4 the legislature in’s rcqniiminmg tine a messmmin-ge for the imabitation of Susan, residence for tht term, in-n adilitin-ini to a and residing, om’causing a family to re- settlement, n-lain-n as de~inn-ninmgit to be ‘side thereon fan’ the space of five years a compunmeist part of a settlement. next following ui’s first settling of time Time meaning nsftime tc’rnns, settlennent ‘same, if he or she shall so long live.” and n-’esidensce, lmeing itintleratimiid, ihne Time manifest, impassibility of corn. court will prucecad to consider the ~letimmgas’csidoimce of five year’s within proeisa. the space of two years, would lead to ‘I’lmat pau’t of time act treats of an ac- an opinuion, that time part, of time desen’ip - tual ‘settle i’, n-under wln-’ieh te,rmnis isn-t~nnd-” tions relative tin i’t”sidemmce, applied to ed as well tine person wino n,nakcs hi’s ‘set- those only wino hns’al hnen’f~rmeiltine coumuli- tlement time foundation of lii’s claim so tion before tine ~aynnn-’nstof tine pnun’clnunse a warrant, as a warrantee, wino had money, and msOt to tinOsC who were to sn-made ann actual ‘settiumcmmt in perform- perform it afterwan’d’s. But theme arc ance of time conditions anmnexed to his subsequent lnat’to of’tutu act, wimich will pun’chna’se, ann-I if “ any grantee ‘mum un-sly not dmnit of tlmis coui’sts’nmction, amel con- such original or succecdinng wan’a’auit,” ecqmnessUy, residc-umce is a connilition no- who mn-mst be considered as coustnundis- qn-nmm’ed from the person wino sen-ties un- tingiuished from acne who mud nn’ade anm cles’ a -warrammt, is’s well ant fi’om c,nie who actual ‘settlement. Fersons tints di’s- Intitk’s himself toa wam’s’nn-ust by Iii’sset- timmetly circumstanced, are brought to- ~lemcmmt. gether in the same sentence, amid terms Tile law, s’oqtnirimig two rcptngnanmt ‘an’e used appropriated to time sitsuatunin of’ nnd irnconnpatibhe thmingns, is imicapabhe each, but pot applicable to bun-In - Tiunma, of receiving a literal cousstructir,mm, amsd tin-c in-lea of “ an ‘actual settler;~“pre- must ‘sustain some chmunige of language vented from making ‘an ‘actumal settle- to be rcmsdercd intelligible. Tinis chnansge ment,” and tn-fret’ ci lmeinsg drivon tin-crc- however, onglmt tobe un-s small a’s pos- from,i~ pen’sisting in imis encl.cavonmu’si” ~ibhc, and wnth a vmew to tine sense of time legn’siatnnre, a’smansil’essed by tlnem- to unun-ke it, ~on-sln-1bcm absurd, To ap~ selves, Tine reading suggested by the ply to cad- class of pn-urchnasem’s, all parti connisel far tine i’Iaimmtifi appears to he of time proviso, won-n-id involve a cnnstm’a- Thnst u’easonsbie, and tn, commspsms’t beat diction in terms. Under such circltm mvitlm tine gennerai language of time sec- stamsces, tine plains and natui’aI mode of tion, ainl with time nature of time sub- coimstnn-ming the act, is to apply the provisions, ~tistributively, to tine d’iscrmp- 227

~ti~asok’peraonms to whom they are an-lapt- in-is endeas-ons’s atres’nn-lence, or in other 1784 ed, rejie,udo singula .singulis. Time pm’o- words, tim n-’onLitmn-ue lnis settlememmt, but viscu, n-beau, would read tin-us, ~~Fs~tivid~is to In-old n-he hanmd. From tine warran- cd, n-mat if amy such actual settler, ‘shalL tee who inns been prey cnn-eu from mak- be drivemm from his settiemeumt, b,s force ing a settlement, nso etudeavours atresi- of sn’ms of tine ernennies of n-he United deuce are required. 1-Ic isto “persist States, or any grantee, in any snclm or’n- inn- iii’s endcarinn-n-ra,” smut to make aimd to n-f’mn-nat or succeeding wars’ant, shah by commtinmue sn-nch actual settlemnent, but force of arms of the enemies of time “to make ‘suc.lm actual settlcssment as United Stases, be prevesntcn-i from mak- afo,’ea’aid,” Annd if be dues persist its in-mg au In actual settlemnemn-t, and shmail those endeavoun’s, in-cia to hold the l’and persist in his endeavour’s to make such “as if the actual settlenmesmt bin-n-I been actual settlement as aforesaid, tin-en, in made and contiumued.” Tine consstn’uc- either case, me and Ins imeir’s alan-il be thin n-nf time defeisdaint would snake time entitled to ham-a and to hold tine said legislature ‘say, in subscannee, tinmit if lann-ls, in time ‘sante mammner a’s ii’ tine ac- tIme warrantee shall persist ins eumdemn-- tiiiih settlemetmt had been made and coim- n-’on-nm’imng to mn-ccanmplislm a particular oh- tinued.” The two oases are tine actual Ject, unstil Ise dues mn-ccumpiislm it, he~ settler, wimo has beets driven from mis ‘sln,,uld hold tine hand as if h~han-I mn-c~ settlement, auun-I tine wsm’rantee, who complislued it. Bn-mt imndependeust of’ time ha’s been pm’evented from making a aet~ improbability that time intentiosm to cliii- tlement, bat his’s pen-sian-ed iss In-is endeuc- pense only with the tisne, in which tm~ yours to main-c one. condition was to be pem’lbnisned, n-von-nld It is perfectly clear, tisat in each case, be expressed in the language which isa’s tine pronto substitutes sonmetiming (‘or bee-am muot’uced, theme are termmns used, tine sen-tlemenst to be made within two ~vimicImseem to mestriot n-he time, during years, from the date of’ tine warrant, whicim a persistansce in endeavour’s ‘is re- and for the residence to cosmtinstte five qnmiu’ed. Time warm’antee is to pcn-~sistin years, from tine comnionmcennc’mmt of the lii’s easdeunvouns “to nnakc suds actual ‘settlemeist, bn-itim of wimichm were se- setslensetmt as afbi’esnn-id.” Now, “an-ach - qn-sired in the emmmn-ctinsg clause. ‘Wlmat actual ‘settlement an-s aforesaid,” is an is that sometlninmg? actual sen-tlemenmt witisini two yeas’sfromst The proviso amsswers, tinat in ease tine n-late of thuc warnimmit, anud ins it could, ci’ “an actual ‘settles,” it is iii’s being oumly be made win-hum two years, a per. “ds”u’ven fruim his settlement, by force aistance in endeavouring to make it, of arm’s of the enemies of time U,uited could only continue for timat n-mae. States;” and ins case of’Imis being in- gn’an- If n-n-fter being prevented from mdk- tee of a warrant, not 1mm-ring settled, ing an actual settlement, an-md pen-’sistin~ it is im~’s “pei’sistinsg in isis endeavour’s in endeun-vours, those endeavour’s shmould to make ssnch actual scttleisscnst.” Ins aci- be successful within time two years, n-n-fte~ timer case is residence, or persisting in win-icim the persons sin-on-n-id be drivens off~, hi’s emsdeavi,ur’s t residence, required. it is asked ~lmat would be isis sitn-rntioum i Yet. the legislatture hind not forgotten, Time answer is a plain came. By per- ~1uatby tine enacting cinusu, residence sisting he inn-’s become an actualsettier, -wins to beadded to settlemcnt,for in time and tIme part of time pronto wlmich ap- same sentensce times’ say, tim-at the pen’. plies to ‘actual settlers protects imim. son who comes ‘witisims tine proviso, ‘shun-li If after time two yeats in-c simould be hold time Inn-mud “ as if n-lie actual settle- dn’ireim ofF, Inc is still protected. Time ~mentimad beens made and coumtinued.” applicun-tion of external violessce di’s- It is constemmded on time pan-’t of the posses witim n’esidc~nsce,Time en-inn-n- feehl defendant, n-I-nat as tin-c time, during itself bcnn-mnn-1 to sin-v so, bccan-nse thc~pro- which persistance shall contimmn-ne, is not visa cointajmm’s in- subntitnmte, which inn ~ttcIz pu’n-~scnibeci, time iunrsusn claiming time ~ ‘state of timings, shmall be rcceiv-d in. land, must persist until lie shin-il Isave ‘stead. n-sf a pc’u’fnrnoanmce of time cnumd’n-— efiected bin-h hi’s settlement tn-tmd real- n-ions m’eqmaired my n-lie eumacting clause; dence, as required by the enacting and of timat substitute, rcsidenmce forms cian-sse of tlse act; th”at is, that tine urn pun-nt. proviso dispenses win-is time n-june, and lam a gre:n-t variety of forms, and with, cushy win-Is the time, dus’ing wimich time great stm’emigthi, it inns beems un-rgnued, condition is to be performed, that tine settlement of ti-ne country nas But the word’s an-c not only insapt for tine great object of the act; :sisd tin-in-n- thin-s expres’sion ?~such ass intent; they tine cosmstrn-lctiimfl n-if the plainstiff’ would absolutely contn-an-lict it. defeat tlmat object. If the proviso be n’ead so as to be in- Tisat time exclusive object of -ass nut to - tehiigibhe, it requires umon-hming from time give land’s to settlers, would be tise sCt~ actual settler wisn-’ lsas beemm driven from tlemuent of time conns’ry, will bean-h uim~t— Ist~sset~lesamc’at, iie i~mact to persist mi n-ed; bP.t that ~fl~t n-9 ~ ismida to sri, 1: ~~4• t1~r’smust Imave for its exclusive object of January, 1796, but who during tine .~ time settlement of the country, cannot said period persian-ed in hi’s endeavour’s b’e soreadity conceded, In-s attempting to to make stucim settlement and residence, preen-nrc settlements, time treasury was is excused from making ‘such actual certainn-iy nn-st forgotten. How f-ar tine two settlement as the enacting clauseof time objects might be coamsulteci, or hmow far 9th section of the ‘said law prescribes, n-lie one yielded to time other, is only to to vest a title in tue said gn’antee be imiferred from the words in which 2d, That it is the opinion of this the legialative intemitions has been cx- con-nit, that a warrant for a tract of hauth pressed. How fair time legislature may lying mn-or-h, &c. granted in the yeaui have supposed n-he peopling of the dis- 1793, mmdcv and by virtue of an act of trict inqu.te’stuon, to imave been promot- time legislature of’ Pennsylvania., cnn-tien-i by enmeouraging actumal settlememmts, tled “ An act for the sale of tine va- timon-ngh a ‘subsequent residence on them cant lammds win-In-in n-hi’s commonsweahUs,” ‘s~moulclbe renn-lçred impracticable by a to a person who, by force of arm’s of foreigun- enemy, eamn- only bit slmewns by the enemies of the United States, ‘was’ timeir own hun-nguage. At -any rate, if preveumted from ‘setthimig amid improvin~ the legisiaten’e bin-s used words ciispenf- the ‘said land, and froun residing timer~s- ing With residence, it is not fot’ the on from time date of tine san-id warrant’, court to say they could not intend it, until time 1st of Jammuary, l~96;but wino, unless timen-’e were concomitant expn’eS- daring n-Lie said ~riod, persisted in ~,ions,whichshould explain those won’ds, isis essdeavours to make sucbn settle- in a manner different from their ordina- ment and residence, vests in such gran- ry import. There are other considera- tee, a ±~esimple ins said land; although tions in-s favour of the constructions to afterthe said prevention ceased, he did ~‘hich time court is inclined. not commence, and, within the space of This is a contract; and although a two year’s thereafter, clear, fence, and, State l’s a party, it on-n-gut to be con- cultivate, at least two acres for evem’y an-rued. according to those well estnsb- hundred acres conmtained in isis survey hished principles which regulate con- for said land, and erect thereon a me’s- tracts generally. suage (‘or time habitation ofmaim, and re- The State is in time ‘situation of a side, on’ cause aiamily to reside there- person, who holds forth to the world, on for the space of five years mm~xtfol- time conmdition’s~on which he is willing lowing hi’s first ‘settling of the same’, to ‘sell hi’s property. the said grantee being yet in full life. If ime should couch mis propositions Upon timis opinion of time supreme in ‘such ambiguous terms that they court, the can-mae was again brougiut be- fnmghmt be unclerstoo& di~’creuatiy:its fore the jun’y, and after the evidence eonze~uenceof wisich sale’s -wen’e to be ‘we’s closed, and tIme arguments of comnnm made, and time purchase money paid, ash, Wa~ohington,J. delivered the follow” - i-n-c won-mid come with an ill grace into lang charge to tine jury. court to insist on a latent and obscun’e “When this cause was tried befon--e ssscanismg, -wimich should give him back the counsel for the defendant liwisted,5 imi’s property, and permit him to retain that time pla’tut’n-fPs title was hun-lit upon-s. the purchase money. AU tisose princi- a contract, win-ich he lied net ooemp~ied ples of equity ammd fin-jr dealing, which with, that 1-ne was to malta a settlement, ~onstitute time basis ofjudicial proceed- such as the enacting clause of time 9th ings, require that courts should ieasm section l’equ’nm’es, unless prevensted from against sucim a construction. doing so, by time enesnies of the t,Tnsited. It being understood that time opinion States; in which- latter case, Inc was, of the court on the two first question’s, not snly to pu-eve a pensistance in en- ha’s remideced a decision ofthe thim’d Un- deavoun’s to make the settlement, dur- isecessary, no determinations respecting ing time period, of the war; but was n-Sa it has been mache. ge on to make it, after the preveumtion It is directed tim-at the following opi- ceased. TImi’s question wa~so difliccuit, nion be certified to time circuit court. as to divide, nmot only thus court, but tue 1st, That it is the opinion of tlmis court, courts of thmi’s state. Time questions was that n-under tine act of the legislature of adjoun-’niedto the supm’eune con-ms-n-, whmo Pennsylvanmi’a passed 3d of April, 1792, have decided, thnat a -wora’antee, who entitled he. the grams-ce, by a warrant, fu’om April, 1793, to the 1st of Januas’y, of a tract of land, lying nom’tIs and west, 1796, wa’s ps’evented by time enemies of &e. wino by fotce of arms of tIme ene- time United State’s, fm’oum making smnch mn-es of the United State’s, was prcvemmt- en-I fun-in-sm settling and improving time settlement in-s the law required, bust, said land, and I’rom residing thereon- who, during n-hat pen’iod, persisted nut from tin-c 10th day of April. 1793, the hi’s endeavotnn’s to make ‘such- settle- date of the ‘saud warn-’ant~until tln-e 1st menst, is entitled to hold his land alt fee s’unple although, after the pm-even-- 5 ti~ana ceased, he m~deno att~thptto prevented from making their ‘settle- ~ make such- settlement. This use must ments, by dangers from a public ene- cou,mider as tine LAW OP ‘fit’s LMSD and my, which no prudent amman would, or govern our decision by it. ought to etmcon-mnmter, amid if they made Time questions are, tisose eadeavours, which the same man • 1st, Was the Holland company,796~ from ‘would imave made to efi’ect the object, April, 1793, to Jan’y 1, l prcvemst- they have fully complied with time prø- en-i from making theli’ settlemeunt? And, viso of the 9th section. ~d. Did they persist in endeavour,, li-ow, tlmen, are time facts? That a durimmg that period, to make it? public war between tIne United States, What is the legal meaning of preven- and time Indian ts-ibes, ‘subsisted fn’oni tion, and persistansce in endeavour’s? April, 1793, and. previous to thnat pa— ‘Were timey prevented, and did they per- nod, n-instil late in 1795, is not denied- ~ist, ‘within thnis meaning? The first And, though the great timeatre of -time are questions of la-mv, which the court war lay far to the isun’thm wCst of th~ mn-re to decide; the hatter are qn-nestions land in dispute, yet in-is clearly proved, of fact, proper for your determination. that this country, during timis period, - What were timey prevented from doimmg, was exposed to the repeated irruptions ins order to excuse theism? The answer of n-isa enemy, killing and plunmdening is, from clearing, fencing, and cuiti- such of time wimites a’s they met with, in’s~ vmn-ting, two acres of Inn-nd in every in-un- situations wlmerethey could not defend. dred acres contained in their warrant, themselves. What was time degree of -.~ombuilding a imouse timereon, fit for danger produced b tlmose hostile intime habitations of man, and from m’e- cursions, can only be7 estimated by time siding, or causinig a family to reside conduct of those who attempted to face thereomi. To what extent were their it, We find them, sonmethne’s working endeavour’s to go 1 The answer is, to out in the day time, in time neighbour- effect these objects. It wa’s not eveny hood of tIme fort’s, and returning within slight, or temporary danger, ‘which was timeir walls, at nighst, for protectionm; to excuse tlsem from making such ‘set- sometimes giving up the pursuit in de-. tlement, but sn-uch as a prmndent man spin-ir, and retirinng to tIme settled psrt~ ought to regard. The pimn-imstiiTh ‘stipu- of the coumstry; thmem returning to this lated to settle as a society of husbanmd- country, and again abammdonming it. We men, not as a band of soldiers. They sometime’s meet with a few men imardy were not boumnd to effect every thing enough to attempt the cultivation of ‘which might be expected from military their hands, as sociating implements men, whose profession is to mn-act, to of husbandry, with time instruments of combat, and to overcoume danger. To war, time cimaractcr of the hmusbandman, ~n-nch mcmi it would be a poor excuse, to with that of a soldier; and yet I do not say, timey were prevehted by danger, recollect any instance, with timis enter- from tine performance of their cin-uty, prising, daring spirit, a single indivi- The husharndman flourishes in time lea’s dun-al was able to snake such- a settle- C glorious, but not iess honourabie walk’s ument as the law required. You- have of iufe. So far from time legislature ex- heard wimat exertions the Holland con-mm- pecting, that timey were to bi~avetime pany made, you ‘will comusicler what was dangers of a savage enemy, inn order to time state of that country during time pus- effect their settlenrents, they are cx- m’iod. in qmmestion, you will apply the cused from makimmg them, if such dan- prinsciples laid down by time court, to gers eaist. But they must persist in the evidenmce in the cause, and then their endeavour’s to snake them, tisat is, say, whetimer the title is win-is tin-c plain- they are to persist if time dangem’ is tiff or not. Verdict for plaintiff. over, which pn’evemmted tisens-n from malt- Bunt, notwithstandinug this decismon of mng them. For it would be a monstrous time highest tribuunai of our country, absurduty to say, that time danger, the controversy ‘still subsists. It ha~ winch, by preventing tlsem from mak- ung the settlements, wouidexcnse tin-em, not tended to assuage, but s’mn-timer to ir- would not, at the same time, excuse s-in-ate opposition; andtime commscquenmce~ them from endeavour to malta them, can only be - comujectumred, unless th~ 5 wisdom of time legislatnmri’ should adopt so long as it exismed. It would be a some moderate, cnmipiliatory system, mockery to sn-ny, that I shon-mhd be cx- ‘wlmich may draw togetimer coin-tending en-used from putting msny fimsgen’ into the parties. Ams object indeed, most de- blaze of ,thm’s candle, provided I would voutly to be wisimed! persevere uum my endeavour’s to do it, But independenmt of this great liti- because, by making time endeavour’s, I cn,~jlddo it, althon-mgh time consequence’s gated qimestion, it is of no small mnu- would be such as I was excused fm’ommn- isient to ascen’tain precisely, what cmi- tneurrmn,g. If~tlmen, the company were ‘stitutes a settlerne,mt, under tisi’s law; and very great light is stied mn-pots thip 1784. poii-tt, in .8a~four’s’lessee v. Meacle, in tin-at but few attempte4 before th~ ~ tise cisemmit court of the United Stin-te’s sprimn~,’or autumns of’ 1796. for the Pennsylvania distm’ict, reported Washington, justice, after recapitu- in 4 Dallas, 363. Time facts were lating the dnlfercnt sections of time act tinese: of 1792, observed that time Sn-h sections The plaintiff’ claimed four tracts of was intimately connected with the ~d land, north zn-nd tve~f,&c. for ‘which lie section, and directed time depunty-sn~’- brought tinis ejeetment. His tntie rest- veyor to survey and mark time hines of ed 0mm settlement rights, survey’s and the tract, n-ipon tin-c application of’ time ‘warrants. In 1793, hc was a surgeon ‘settler; ann-I that such survey Imad no in time am’nmy, in garrison at fort Franklin. other validity, than to finrnsislm tine per— He took souse of the soldiers, -wentout, tien-miar description, -wlmichm must accom- en-nt clown a few ti-ce’s, and built up five pany time apphmcation at tine Laumd.Oflice pens, or cabins, about 10 feet squam’e, for a ‘warrant. That tine 4th section, anmd, without putting covers on thmenim, among otimer regniatioms’s, protected time returned backto thmefort in six or seven title of aim actual settler, against a ware days. In April, 1795, he had tinesefive rant entes’ed with time deputy-surveyor, ~tracts surveyed in the name of imimseif, posterior to such mien-un-n-i setthenmsent. Elizabeth Ba/four, and three - others, That time 9th sectiosm of time act re- each 400 acre’s. Time deputy-surveyor fei’recl, exclusiu’t’ly, to tine lands north and In-mid, upon application of time phaintiff, un-eat ofthe ()Jnio &c. lie tis~’nmrecited the din’ected omse Wilson to make tine snur- 9th section un-n- lau’ge, stopping at tise veys, but’ ‘sometlmirmg pm’evemmtinng luim proviso, (see the ‘sections beton’e,) un-mid from doing it, time plaintiff empioyi’d proceed thus; one Steel to do it, un-mid upon returning Len- us now comnsiiler this case as if tine sun’veys to Stokely, time cleputy.sur- the law hind stopped lmere a tithe to tine veyor, he prevailed on him to write ass laud mm conn-remver’sy, hying north and. authority to Steel to make time stmrm-eys, un-eat &c. could be accjuim’ed in no otimer which ime did, and antedated it,in order manner, tin-an h~actual eettleme,mt, no to mn-ike it appear to precede time sur- sun of money could entitle a persons to veys. Ins May, 1795, he obtained war- a warrant, unless time application wa~ m-ant’s of acceptamnee for two of’ time aur- pu’eceded by actual settlemnsemmr on time ~‘cys of two of time tracts, having paid in-n-nd, or, if not so preen-mn-led by n-n-ctun-ul time consiçleration money for all. settlement, time wn-um’u’ant would give no i-nm atn-tn-mmn 1794, the defendnusst, fund- tithe, unless it -were followed by ‘sn~cit ing no persons settled upon tisese tracts, settiemernt witiminm two yeas’s thmes’eufn-er, bssnlt cnbiims upon the fun-is’ tracts iim con- Time questions thin-mi is, wlmn-n-t et,nsti— troversy, covered them, or some of totes sn-main- actual settler, - win-mum time them, ann-I tlmerm went off, not rettunminig meaiminsg and inteistiumm of’ tlmis law, in-s ngain till Novemben’, 1795, wiseim he will vest ins Imimmn ans inceptive title so canine with his family to reside ins one of a’s tim an.n-tinov’mze time granntinng to imim a time cabin-us, amid fixed se(tiers upon time wan-run-nt ; n-not a pedis ~osisio, snot time un-lieu’ tracts. In July, 1795, the plain- ormn-ctiomm of a cabin, thse ciearimmg, or tiff gave notice to time defendant, tisat even tine cultiy’st ions, of a field. ‘l’imeae Inc claimed time t1’acts in qmmestion, tinat act’s may deserve time name of improve- Inc inntenmdn-zd to settle thesis, amid fon’e- inn-ate, but not eett(cnnentu, timem’e nun-at -~‘nmu’nmen-Ibliss to proceed no fnirthn-er with be aim occupanscy, accompanied win-is a Imi~immnprovesmsents. bona fide intention to reside, zmmd live In Janun-mry, 1796, tIme defendant Ca- n-upon time lan-mci, eltiner in person, or by waled time piaintiff iii fn-n-rm, and time that of his tenant, to make it tln-e place sn-n-soc being tried before the board of of imis luabitation, sin-mt at ‘some distant, property in March, 1800, the caveats day, but at tin-us time, he is hmipi’ovinig; ~vcre dismissed, and warrant’s were or- for if this intention be onlyfuture, eitine~ dered to issue, but they never did is- as to in-is own pes-’sonal m’esidenmce, on-’ sine, in consequence of doubts after- that of mu tenant, theus time execution of wzmrds existing vespectimigtine plaintiff’s that intenmtion, by such actual u’esidence, t~the, - fixes time date ; the comnmenmccnnent of iii April, 1796, time phn-intiff made en- the settlement ; and time previous im- gagesnents win-in- soumme pei’somms to settle provmznieimts -will sn-and for notlnimmg ins tine these land’s f~r1dm ; but after they isad calcumhn-~ion. - seen aind approved time latin-is, tiney de- ‘flue erection of a house, and the dimmed going onn thnem on ismsarinmg of time clearing ansd culsivatimmg time gn.osnnd, Uef’enthn-uust’s claim. all or eitiser of them in-may affimm’d cvi- lt was 1mm proof by many witnesses, den~eof tine quo anhn-zo with which it n-limit n-hue war with the I,ndinins rendered win-s doume ; of time jntentiinn to ‘settle it dangerous ~ settle that counts’y, dnnr- but mmeitises~, our all, will cossstitnmte a im~the years, 1~93,1794, 1~5, nun-n-I ‘settiement? if wmnn-ceonspamsied. by ream.- 231

den-ce. Smnppps~,thems, inslin’ovements from a savage enemny? I ans~n-er,no: 1784. made, time i,em’somn mn-n-king them de- at such a n-mime it was very improbable clam tug an-the time, tin-at tln-ey were nm- thmat unenn would be found rash enough tended for temporary p Imposes of con- to mn-n-Ice settlements, But yet no title i’enience, and miot with a view to settle could be acqoiu’ed without such a set- and reside; couitd this be called tn-ni ac- tlement, and if mmmcmi wen-’e fan-mid han-dy tual settieme-nst win-mini time men-n-fling anud enmon-ugh to bu’ave time dangers of a sa- inmtention of time login-In-tn-ire ? Surely mno; vage wilderness, they might be called - - but though sn-n-elm act’s, against express inmpn’udent men-i, but they would, also, declarations of’ the quo animo, wIll n-sot deserve time promised reward, not for make a settlemenmt, it dues msot follow their boldnsess, bitt for their settiement.m tlmat time converse of the proposition ‘l’ime fir’st evidence we have of an in- ‘will ; for, n-n- declaration of ant inn-tens—ion tention in the phn-n-intifl’to make an actual to settle, without actually carn’ying timat ‘settiemeistwas in time spring of 1796, intention iimn-o execittioli, will unot con— long after tine actuun-I bona fide settle-. stiiute aim actual ‘settlement nient of’ time defendant with his family; How do these pn-incipin-n-s apply to the iou’ I give mmo credit to tine notice fn-’imm case ofthe plaintiff? In 1793, iu~leaves the plaintiff to the defendant in July, the fort at winich ise was stationsed, amid 1795, sunmee - so far from accompanying in wimicim lie was aim officer, withm n-n- few it win-h actual settlement, lie speak’s of soul-lies’s ; cuts dAmwn sonic tree’s, erects a future settlement, which, hiowevem’, foumr or five pc~u’s(for, not being covem’ed, was miever carried into execution. Every they do not deserve the mmmc of ca- timing which I imave saidwitim s’espect to bins,) and ins five, aix or seven days, time 4U0 n-n-ares surveyed in time name ci’ having aceomplishmed this won’k, he me- George .Balj’our, ‘will apply a fortiom’i tmurns into the fort, his former place ofme- against time three- other surveys in (hue sidence, ‘Why did lie retm’eat so precipi- han-ne of Elizabeth Balfomnr, &c~who, it tately? We hmiar of mmii danger existinsg mn-is not preten-mded, were everprivy evens at the timise of completinsg these labour—, to the making of time en-n-bins, or evci’ ‘whiehn did not exist during n-he time he contemplated a aettlenment U~i)flthose ~vn-msengaged ins them. What prevented lams-ds. - Isbn from prcmceedinmg to cover tin-c ca~ Ii’tise law, then, Inn-n-cl stopped at the bins and fr-mm immimabiting them ? Ex- proviso, it is clear timat time pizn-ismtift never cept tine state of gemuem’al hostility, made sucim a settleunemst as would inititie whnicln existed in that pam’t of time coun- him to’ a wn-n-n’rant. But he excuses try, tiuen’e is no evideumce of a particular himself from having made such a settle- mnecessity fin’ flight, ins the immitansce of lutist, n-n-s time law required, by urging this plaintiff It is snost obvious, that time danger to which any person, n-n-n-- time object of’ his visit to this in-ilderness tempting a m’csidemmce mm that country, wan-n- to on-eat what lie considered to be would have been-i exposed. He relics improvements; but thmey were, in fact; on the proviso to time 9th section of the tV~inshn-n-bitable by a humans being, and, law, wimicim declares, &c. (see it be- cunssequeiitly, could muot un-n-ye been in- fore.) tended for n-u presemnt settlenmen-mt. He Evidence isa’s been given of the ma’s- was, besides, n-in offiCer in time army tile state of thin-mt - counstu’y, durinig time and, whsiist ins that service, lie con-n-Id not yen-irs 1793, 1794, 1795, and time damsger settle amid resin-ic at his cabin, n-dthomughs. to ‘uvhuich settlements would have been time countu’y had been in a pen-feet state exposed. We know n-lint the treaty at of tranqn-n-ihl’n-ty. In short, lii’s whole con- fort Gm-nyu?— was ‘signed on tIme third duct, both at that time n-n-mid aftes’wan-’ds; of’ August, 1795, and ratified tIme ~2d of liii own statements when asserting a .Dn-ccnmber, in the same yemn-r_ Although title to time land’s, tine recitals ins lii’s Men-ide settled with his family ~ warrants of acceptance, n-md cem’tificate’s un-ember 1795, in-is not conclusive proof (if sunrvey, all afford proof which is ir- tinat timere was iso dangen-’ even n-lien; resistible that lie did not mean, in and, at any rate, it wouLd require some i79~,to settle.- Mistak~n-sgtime law, as little time and preparation, for those it seem’s many others un-n-ye domme in this wimo li-id been dr-vets ofF, to return to respect, lie stupposeci n-hint am-u inmpn’ove— their settlement’s ; n-n-nd if the cause un-cnn- was equivalent to a settlement, turimed n-mponi tIne questions, whietimer time for vestunmg a righmt in those lands, It is pIaintift’ had persevered in his exertions not pretended even now, nor is it proved to s’etumn-s in-nd make such settlement, as by a sungle witness ‘uvhmo assisted in the law requires, I shounld leave that making tine impn’ovements, n-lint lie cons- quuestion to time jury, unposs the evidence te,mpin-n-ted a setthemenmt, In-hun-s beems ask- they have iseard. Butt tin-c plaimstifF to ed, could the legislature have meanut to jntitle himself to tIme benefit of time pro- require pem’sons to sit flown, for a n-no- viso, sh~nn-Iclhave mad an incipient ti,tle memmt, on land encompassed by danger at slme time or otKer, and this c~hn-t - 23,~ only imave been cres~edby actual ‘settle- shall be prevented fu’om making such ment, preceding the neeesssty, which actual ,vettlesn-c,mt, &c.” The plain mean- obliges ~-uimto seek the benefit of the ing is, that if a person isa’s once occu- p~osn-iso, or by warrant. pied land, win-is an intention ofresiding, ~ do n-not mean to say, that lie mn-n-st although he has neither cleam’ed nor have had such an actual settlement, a’s f’cncedany land, and is forced e-fl’by tIn-c this section requires to give a perfect enemies of the Un-nited States, before he tithe; for, if lie had btuiit a cabin, and could make n-lie improvements, and con- commenced his improvement mn such tinue thsereoms fun-’ five years; having mann-men’, a’s to afford evidence of a bone once had an incipient title, lie shall be ide intention to reside, and imad been excused by the necessity, wlnich pie-- forced1 off by time enemy, at any stage of vented his doing whmnut the law m’equuiu’ecl, isis labour’s, persevering, at all proper and in tine manner reqmn-ired; or, if time times afterwards, in endeavotsrs to re- warrant holder, wino, likewise, ha’s un-mn- turn, when lie might ‘safely do so, lie incipient title, altiuonnglm lie never put hi’s would have been saved by tine pn’osn-mso, foot upon tIme land, shm’sii be pn’evented ‘which was made for his benefit; thus by time same cnn-use, from making tiiesnn- he has not done. improvements, &c. ime, too, shall be - Decisions in tine supreme con-n-rn-, and excun-ed, if, as i’s reqmumn-’ed, also, of time i~rm tine commomm picas, of this state have settler, he has persevered in in-is cnmdea- ‘been cited at the bar, two of wlmich I yours to make those improvements, &c. shall notice for tine pun-rpose oh pointnng But what it becomes such a grantee. on-mt tin-c pecn-n-liar man’k, which distm- to do, before he can claim a patemmt, or guisin-es them from the present, asid to even a good title, l’s qn-mite an-mother qimes- prevent any comscln-n-aions fronn beunig thou, upon which I ~ive no opinions. drawn from what has been said, either As to time plaintifi ‘s surveys and war- to countenance, or impeaclm, those de- rants, they cannot give him a title. Not cisions. The eases I allude to, are, the surveys, 1st. Because they are it tine Holland company v. Goxe, amid the mere descriptim~nofthe land, which tine- feigned issue tried at Sunnbtnry. surveyor is authorized by the 8th sea- ‘,flse incipient title, under which the tnon to make, an-id the apphicnst for the ~hainLiffsdamned ins those cases, were warranst is directed by time third sections, rn-amman-its, authorized by the 3d Section to lodge ifl n-lie Land-Ofilce, at the (if time law. Th~incipient title in time tin-ne lie applies for the warn-mint. It is present case, is .n-ettlemc,bt, Time former merely a demarcation, a special ions- was to be completed by settiememmt, tmomm of the land intended to be apprtm- sn-urvcy n-n-n-id patent. This was to pre- pi’iated, and gives isotice of tIme h~tn-mud’s tede the warrant; anti for the more thereof, that others may be able to distinct explanation of this distinction-i, make adjoining locations, without dams- it will be important to umicertaimi what gee of interference n- that is not sn-n-elm it acts will euflst’ittnte an actual ‘settler to survey as is m’etuu’nabhe, so as to hay thmo ~iuom a warrant may issue, amid whuat foundation of a patent. ~d. It is not colistitute an actual settlement as the autborized by a warn-ass—? 3d. It win-n-n- foundation of a title. I lmave before ex- not fist’ n-n-n actual settlement. 4th, It plained who may lie an-i actual settler to was not made by an m’n-n-uthos’ized sur- denmaniti a warrant, miamely, one who veyor, if you believe, upon the evidence, isa’s gone upon, and occupied laud, with thmat the authority to Steel was ante- ~. homua,fide intention of an actual present dated, and given after time survey was residen-sce, although lie should have returned, Not the warrant. 1st. Be- been compelled to abn-n-ndon his settle- cause it was not a warrant of title, bin-n- ~sient,by time public enemies, in the of acceptance. - 2d. It is not fon-unded first stages of Iii’s setn-lemen-mt. But mn-c on seitlement, but improvement, and if in. tn-al settlement, intended by the 9th had recited time consideration to be ac- ~ection, conSists in c~caring, fencing tual settlement, the recital would have amid nun-In-hating, two acres of ground at been false in fin-ct, and could have pro- least, on each oume hundred acre’s, erect- duced n-no hegal, valid coimsequence. ing a house thereon, fit for tIme in-abuts- Its to the caveat; the eft’ect ofit wM tions of’ man, and a residence constinued to close the doors of the Land.Offlce for five year’s next following his first against time fins-timer progress of th~ settling, if he shah so long live. This plaintifF in perfecting hi’s title. Time kind of settlememmt more properly de- disnsission of it again opened time door; serves the name ofimnprovn-’mentr, as the but ‘still time question as to tithe ~$ different Seth to be performed clearly open for examination in ejectnnent; if impom’t. This will satisfactorily-explain brought within six montInni, and tIme ‘what at first appean’ed to be ami absur- patent will issue to the ‘successful partY dity n-n tlnat part of the proviso, which The plaintiff, therefore, in-svun~fouled ,4evlares, tin-at “if such gctuaj seuler to sin-ow a tfthe atnfflcienmt to epable lirra ~33

to recover in-s this action, it ‘us unnneces- in any manner n-n-ffbct time title- of’ the I 7R4’~ sn-try to say any timing about time defensd- claim of any person having made an or- alit’s tithe; amid youm’ verdict ought to ~uali~snpiovenscnt,before such svn-n-mi’ant be fur time defendanit. Verdict for de- isentem’cd n-n-nd sun-’veyed in-s tine deputy fenidant, mn-ccorchinighy. surveyor’s books (~2.) and time act of See 1dJi~on’~m’eports, 335, to .542. 22d of September, 1794, has n-he same In-i tine case of Alexander W?iglit v. proviso ins favour of impi’overs~(~2.)~ Brice M’~ehan,at Alleglutny, November, Here it. may fairly be inferred that the 1801, (MSS. Reports.) Action of cove- lion-n-se was built before n-lie survey was 55515- made for n-lie population-i company, The action was bi’on-n-ght on-i aim article whn-ich was time inception of en actual of agree-men-mt dated 8tln of Mnn-rcis, 1796, impm’ovement under thin law of Aprih~ whereby the plaintiff lmad sold all hi-n- 1794. It could n-sot be con-sn-ended that’ rigiut and claim to ass issn-provennemmt of Shuben-’t~,svau’rant was descriptive ofany 400 acres north an-md west of’ the u’iver particulan-’ gm’ound : it depen-mded on-i the Ohio, adjoin-sing &c. in consideratiomi of location of n-ninety-two other - warrant’s, ~ 125, payable on-s 1st of May, 1796, amid miecessarily must shift it’s situations, and time like suum in-i on-se year thn-ereafter: according to n-In-c surveys made on time but if the population-i hand connpan-my prior warrn-msmts. If such warrants must ainouhd hold these hands by their war- be postpomsed to improvements, then s-ants, then-s the consideration money to the title of the plaintiff svas ps-efes-able be return-med to n-lie defhndant, win-In-out to thin-st of the populatiomm cornpasiy n- but interest. if time house erected, smuouldbe thought - Time defendant had paid no part of nsot to merit the appellation of an im. the consideration money. To shew that prove-mime-nit, still the plaintiff is initit’ied tIme momsey was miot recoverable, lie pro- to recover time value Qi’ time house. The duced a -warrant dated 14th of April, defendant, after con-mn-s-acting for time ‘~ 1792, to Michael Shubcrt for 400 acres hand, received tIme possessions, n-n-nd time-n north in-nd west of Ohio, adjoining lann-d ptmrclmased of the popn-nln-mtion company, granted to Marslmal Spm’ing; an-md a sn-mr. By time court, (7’eates nod Smith:) vey of 400 acre’s made times-eon, on-s time Time- meaning oftime agreement appears 13th of March, 1795, by ,~ohmn Power, clearly on-i time face of in-. If the tithe of D. S. Time leading warrant had issued the popuhatiomn- company was better than 1mm the name of Matthew M’Connell for the piaintifi’s, the latter was bound to 400 acres extendmn-)g along big Beaver retuu’n the considerun-tion, if lie had re- creek, ‘neat’ the fafls thereof, and iva’s ceived it: b~tif time plaintiff had no en-ste-red in time books of James Ca- title, the def’enmdant was smut bound to ron-lieu’s, tine-n deputy sun-ye-lou’ of thin-i pay. Time warrant being indescriptivc, district 0mm the 10th of Joule 1793. S/zn-. won-n-id give way to a be-na ,fide settle- bert’s was-rant was entered on time same ment and inn-prove-me-nt, if made pre. day, amid n-minety-one wars-in-mit’s intervened viomu’s to time survey, under time proviso between time-rn, in the act of 22d of April, 1794, but smot Time plaintiff’ about the time of time to a land-jobbing cabin nmade ‘n-vitlsout survey made for Slnubert, (or one or two an in-mn-en-mn-ion of residence, Time In5~ days befits it, as in-probably appeared provement meant ins this law, can be from cn-rcun-nstances, thoumgh time par- no on-in-en-’ than that described in the act ticular day was not showus by direct of December SOn-h, 1786, and this fully testimony,) erected a cabinabout fon-nr- appen-n-s-s by time act of’ 22d of Septenmm- teen feet ‘square ons time ian-md, covered bar, 1794. On this point’tlse con-n-rn- ex- it n-n, but win-In-out chimnsey or dom,r in-s pressed the ground’s of their opinsionm it; and sold hi’s ‘unnpm’ovement to defen. fully in ~Weade’,le’ssee v. Hain-ma&er. dun-nt: but no one had n-liens lived on n-lie But it is saud, time plaintifF ‘should be hand, or cmuhtivated any pan-n- of it. allowed for his cabin. Why so? N~ Fom’ defrnd’smmt it was hnsistcd tlmat such provisions was made in the ar-n-den- the plaintiff’ had no title to the land’s if time title of tin-c population company sold, under his fan-icieti improvement: was preferable. The effect of a recov- amid that want of title, withmoiut eviction ery by that company agamn-sst the defen- was a good defence ins an action-s for time dams-, would be, that tIme judgment ps-n-ce ci time land sold. Addison, 128. would be conclusive e-vidence against For time plaintiffit was urged, that time now phaimmtifl At present, time under time law of 3d of April, 1792, it point of title is open fur investiga- was enacted, thiat applications should tion by thepresent,jury: and the court contan-n a Particular desci’iptiou of time are clearly of opinion, that tine want lands applied for, (~3.) and it i~proof tithe in the plaintiff is a good ele- vuded by the act of ‘22d of- April, 1794, fence in time ps’esent Sn-Sit, tison-ngln- tin-crc that no warrant’s except tlsuae whcreimm hiss bee-sm no es’icin-Otn-, Ven-’d’n-ct fiw thn-’s n-lie Ian-md is particularly describe-d, ‘slieR dct’endaxst. VOL. xi:. 2G 234

1784. In time Lessee of William Clemmins of J?iciiard l”in-nsid-cl, known- by time V. Pluilip Gottsluall, and Robert ~yohnstozz, nan-ne of Wdztteos’th’s tract, and seized ‘—v-—J at Venango, October, 1806, in the circuit on the possession of it, n-n-s vacant; bnut cOurt, before Teates, J. The case was in-is goods were thrown-i out of’ the ca- this bins, In August, or Septemben-’, 1790, Ejectmenst for 400 acres and 131 per- he passed tin-rough .z1~Ieadvilie win-hi his ches of land in Sugar creek townsIsip~ wife, an-md two loan-lid lnon-’ses, and took It ~ppeared ‘n-n evidence, that David possession ofthe lands in dispute. They Meade, William ~oh;zs:on, the plaintiff, again went back to Meadeille with their William Clemmins amid Robert ~ohnston, lmorses, and returned to time cabin with entered into a written agree-ice-n-mt at otlserloin-ds. They had their provisiomi’s, Cuese’wago, on the 26th of December, bln-n-nmkets, and household article’s about -1794, whereby it was stipulated, tin-at the-nm, amid continued in the cabin a few Meade should discover n-mnappn-’opriated days, and tlsen returned to Weatmore.. hands, and make surveys tlmereomm; time hammd county, being in want of fodder for other parties were to find all the hands, their cattle. Tin-c wifealso waspregnant, sn-nd provisions for cimain carrie-n’s, and and alleged she con-mId not obtain tin-c blazers, andto bn-nild good cabinsat least necessary aSsistamice in tine unsettled 12 feet square, on each tu’act; and state of the coun-mtry; but he declared Meade was to have one timim’d of time his determination to return tothe lan-sd’s. tracts,and time other parties n-lie remain-n-- He put a lock on the door of in-is calm-n-n, der~to be ascertained by ballot, 01’ lot- and ieft a number of his imousehold ar- tery; Meade to receive twenty alsihliuigs ticles time-rein. In March, or April, for sn-irs-eying two thim’ds of the land, for 1797, the cabin was consumed by lire, ~aehmtract. either by accident, or design-n, and John. In pursuance thereof, in January, øton, one of the defendaist’s,- was then 1795, 13 tracts of Ian-id ‘were discover- seen employed in cutting house lobs ed and surveyed, and a cabin was built near thereto, InJun-ne following, Clean-- on the lands in dispute, which served arias being under n-rn engagement to as a place of rendezvous. Time allot- reap grainseven miles froni Gree,uuburg/n, ment of time different tracts was made sent out In-is wife, and infant cls’uld with. by mutn-rzn-h consent before the seveu’al her fn-ntlmer, to take possession of the improvements ivere completed; and lands in qun-estion. Sine carried witln- the premises in question, with two ad- lies- a horse loaded win-in provisiouss, 50(1 joining tracts, were assigned to clear- bed chothes, ammd,mamiiyn-necessaries, win-in- mine, by n-lie particular desire of time money to. purchase more. She caine to two ,~7oJznston’s’ They proceeded to time lannd, and n-’equis’ed. time possession erect the-is- cabins ims the spring follow- the-s-cot; bunt the sanme we’s n-c-fused n-mm ing, but they deserted the-hr hands ansd her by Robert ~ohnsean, who alleged, ‘separun-red, on lmearing of the murder of she ln-~n-d n-so house there. She tIn-en-n- two of the inhabitants bythe Indians in went win-hi her fin-tines- to .hhfead’u’ille, June, 1795, at the mouth of little- Ce-tue. ‘where chic was afterwards join-n-ed by art creek, In the close of time sanpe lies- Imusban-sd. He likewise demanded summer, Clem’nrias came on-n-n- with ano- possession of the premises from Robert ther person, and did sonic work on time ~olunn-’ton,but was denied thn-e same by t~voadjoining tracts, hnn-t none onn that him. Time hatter continued ins possess’moit in controversy, n-mnd retuu’ned in the Iall for some years, until he sold to Thzonza: to Westmoreland county. In-n- 1795, lie iluesel, with a cove-miami- to make 1dm a sold lii’s interest in time- ths-ee tn’n-ucts to g~zodtitle, .Ru.n-sel afterwards sold to on-me Patterson, for 300 dollars. Some of Ge-its/mall. Cleinsnins be-caine greatly tine witnesses testified, tin-at lie- ackmiow- inidebted, and was obliged to heave n-in-c hedged to tin-ens to Inn-n-s-c received part of counntry for sometime. Tine pucicilt the pmnrchsase money, n-n-i’d obligations ejcctment was brought to June ten-ni, for the remainder. Glenn-arms married 1800, at winicil time, mu hion-z’se, one en-md iii April, 1796, anid during tin-at spring, of a barn ‘amid spring ltou’sçm were built, came out with Patterson, and gave inim and 13 acres of hand cleared. possession. The latter resided end In time- course of time tn-”mah, a surs’ey worked onthe-tract about thmn-’ee months, was offered in~evidence ons the part ot when-i he left it much emban-’rassed, an-id. the plaintiff, un-mn-de fumr hun on tin-c lit!- never returned, time land lying vine-alit. of February, 1806, by Samuel Dak, During this spring, Gleipirnlime inmpn-’o- the deputy.sus-veyos- of the district, un- peu’hy obtainedtime possession of a tract der hi’s actual settle-n-in-cnn-. This Win-S ot land above Meadville, claimed by one objected to, as time 8th section of tisin- Magof/in; bun-an ejectrnenmtmn-aviimg been act of 3d of April, 1792, an-n-tiiorizea con-run-men-iced against him, lie qimitted time surveys, in the case of settler’s actuai~V same, and sold to ~o1zn .D~vjn-. Ho ins possession of tin-c hands at thu time sn-fterwat’d’s ‘stoppedat the improvement 0 application to the delmuty.suiVCYor- 23~

Tin-c plain-stiff’ simon-n-Id in-ave applied for an it ‘simahl be made; but it does not define 1784. order of time Board ofProperty, where- whuat a settlement- is. Fo~this defln-mi— cmi to found his sun-’vcy. tions, we mn-n-st recur to the act of t~e- To n-iii’s it was aimswered, that ifthis cember 30th, 1786, which declares, construction-i of time law was corm’ect, no “thmat by a settlement shah be un-ides-- person defn’auded of in-is possession as stood, an actual, person-n-al, resident set- an-s actual settler, before he had ob am- tle-men-it, with- a manifest intention of ed n-n- sn-rvey, couldever receive redress. making it a place of abode, and tIme Ii. is well known, tlsn-tt unmiess a caveat means of supporring a family, and con- be fmled, tin-c Board of Property will n-n-nt t~n-ioe-dfi’om time to time, unless inter- grant aum order of survey, in time case of rupted by the enemyn- or by goinmg into settLe-men-nt’s. But the hangn-n-age of time the militaryservice of this con-inn-ny dur- act is in time pace ten-mse. “ TIme deputy ing the ~ It corresponds with surveyor of tin-c ps-open-’ district, shah, time correct idea of what was called ann upon time- application of ansy person who improvn-onent beforethe AmericanRcvC- has made an actual ‘settlement an-md im. lution-s. Time ani’rnn-ms resilendI in time first prove-me-nt, &c. survey amid mark out instn-unce-, an-md the animue ,‘evcrtcndi in tin-c line’s of the tract, itc.” Ejeetmeist time case of evacuating the possession-s is a po’ssessory action, and this counn-’t for a temporary purpose, were dee-men-I has determined, that an official survey the essence of a bona ,fide improvement. must precede the recovery by an actual Tine gmn-’dhinmg of a few tn-’ees, or man-il- tin-e’n-r settler. in-mg of i’ails, without unequivocal mite-n, By the Court. Tin-c survey must ba tion’s of residence, and re-tn-n-rn to the re-ad in-i evidence. Whether time-re was premises, to make- it a place of pernma- such an-i actual settlement by time lessor n-me-n-nt abode, were not dignified with of the plaintiff as would authorize the that chsan-acte-r. But a man who han-I ‘survey, under all the circumstances of erected his cabin, sowed the hand, in time case, must, in tIme sequel of time closed a field, or made any other pre- cause come before thecourt ann-ljunry for parations, which clearly evinced a fbhl decision. determination to make the place hi’s After as-gun-me-nt by time counsel on home, anmd immediatesettlement, might both sides, 2~ate.r,3 observed, tin-at time with safety leave thn-e land in order to case presented tin-ree ‘several questions bring out his family, or to perfou’m on-her for decision n- 1st. Whether the ‘essor n-n-en-s of duty on-’ elsarity; amid provide-n-I of the plaintiff could be considered at lie retun-’ned. within a reasonable time, an-my time, as aim actual settler? 2diy, in-is possession was secured to bin-n. If Whetln-eu’ lie had forfeited ‘such claim? lie stayed away an-n- unreason-n-able time, 2dly, - Had he been guilty of larlues inn- lie would be presumed to have abandon- riot hringinmg tin-is suit earlier? en-I In-is on-’iginal intention of settle-men-it; Thme opinion-n-s entertainmed in tin-c coun- bun-n- tin-is, hike other presumptions, might try after tin-c pas’sinmg of time act of tin-c be repelled by proof~ It would be in- Sd of Apn-’il, 1792, as to improvement ctn-mbenmt on In-in-n to accoun-mu. for his hong cabins, were highly erroneous. Time- absence in a satisfactory manner. Sick- great object of tin-c law was to en-icon-sn-’- ness, or otlner inevitable accident, out age the settlement of time country, an-sd sn-n-eli oecasithms, have n-dways be-ens con- tine cultivation of time ‘soil by time isardy sidered a’s sufficient excuses for such sturdy yeomanry. Pn-’efes-eiice W’as given delay in retun’nun-mg. to person-ms ~vimowen’e willing an-mci desi- Patterson appears to have been the rous’s to settle- and improve time lands, fin-’st actual settler on time lan-sd’s ins ques- north and we-st of the 0/nb an-md 41- tion, he resided an-md worked on time land ~ lieny; bun- in- wa’s indispensibly ne- msear three mon-n-this: bust lie abandoned ces’san’y, thnat they sln-ould tn-mite both time tract and never re-tn-mn-ned. In the characters, Hence it m’esuhts, that time language oftin-c act of Decomber, 1786, cabins built on tue tln-irteen tracts gave his settlement was not continuedfrom no efficient pl’e.pmption right to the time to time. - hands tlien-’n-by in-ste-miffed to be seen-n-r- Clemmin:, time lessor of the phamntiff ed, bumt operated as :care.crowe to keep succeeded to time vacant possession. off others, wlmo entertained time delu- But toIsinm it isa’s be-en objected, that he sive popular ideas of fammcied improve- un-id sold time tract, and n-’e-ceived, an-least ment’s. A settlement, in its nature, a part of time consideration: and fur- possesses chn-al’acteristie features of he- timer, that in-c was pus-suing other ob- provemc~nt; but the converse of time jects of n-peculation, in possessing him— propusn-tnon-s is not tm’ue. ‘self of lidagmffin-r’sand Wentwort/c’s tracts, Time 911- sections of the act of 3d of above and below Mrad’iille. To this, itm’s April, 1792, prescribe-s time- duration of fairly answered, that time claim of Pat. tine ‘settlement, the extent of the im- te,’somn was wholly forfeited by lii’s aban- proven-ne-nt, antin-In-c penn-I ‘n-vithmin -whs’tqhm donment, and that he, nor any other on-n- I 7M~. his be-in- r1f mt~’erreturned to n-he Ian-md. befmre Inc n-nstitn-nLed In-is ejectnsn-enn-t. ‘line “,,~ In consequence time-re-of, any pcu’son-s de- prs’sn-,n-nmed abandon-n-men-mt is negan-iveul by sirous of settling and impm.ovtmsg, mn-gist all mis acts; but the period of hi’s ab. lawfultyenteromi the-possessions; an-id the sen-n-ce fbr nine months constitn-mte’s the formen-’ possessor being indebted to hum chief objection-n- against bin-n. The cue forthmeprenmises, was mu strongequmitable sdems cun-itn-udistmn-sguished as between ~ircumatance in In-is favour. No in-impro- the present parties from common in- priety of conduct as to the-two tracts of ‘stkn~e-sof dereliction. I’s it conisistent lan-md about Meadville, can-s inmvahidate un-s with jn-ustice, after the agreemeumt of pretensions to the lan-id’s ins qIn-estiomn. Decenmber, 1794, n-n-nder which tine in-re- Sub’seç’n-ment to tin-e’se tm’Rn-msaC’Cn-ons, lie re- mises were a~s’mgn-medto Ciemm,n-imn-,, an- £umned the possessionof n-his tract, with. n-lie- instance of’ Robert ~ahn-n~n-toaan-nd in-is isis wife, end mad no ~nher honne. In-. rery brother, tin-at tine sn-n-id Robert shoun-id in-n-- thing lie pn-mssc’s’seU in the world was fer an abaun-donment of time in-n-mid without contain-ned win-In-in time logs of mis cahn~n. tine most cungenmt proof? Tini’s agree-- I ai,nmnmmn-mate tin-c juractice ‘which has men-n-n- fbrms a strong part oh’ theplain- prevailed in n-isis n-new country, of slip- tiff’s case. ping in-mn-n-’ the possession of others, wino Yet if theplaintiff has bee-n-i gn-mn-lty of in inn-my instances, have been nece’ssi- bc/mn, whereby mn-mnoceht person-is has-c tat~dtn-i quit thmeii’ ‘suttlcnmesmts fom’ temn-- been in-n-jun-red, he oun-ghtto bepcmstponed. ~moran.ypurpoun a; n-n-mid have frequn-en-utly, If valuable insiirn-,ve-Irnents In-ave been-i tuning the ps-es n-mt c1~cun-t,expressed made upon tineianui,tliron-n-gim ignorance of sn-my decIded se-On-in-mien-its n-n-n thin-n-t subject. In-is ei&m, n-n-n-uci monies pain-I by purchaser’s ~t i, absurd in’ tine C’~tn-’n’nnC, tu n,n-mprnmse for win-in tln-ey In-n-n-ye n-so redress, the tin-at the lemtielatn-un-’u, Win-n-) en-n-aCtun-% time poverty of C1n-’,n-zmin’s wnil men-n- avail Imim, ~ of Sn-I f Apm’I, 1792, ever inmten-md- for nun-n- having brought tin-i’s suit finn teen- e-ch to coumfinme0 artun-ul eett,,r5 win-hun-s tine years. 13-mt in-cre tin-c claim was finily’ ~inmesof tin-elm’ 400 n-mcl’es, as if’they were knn-own to Robert ~‘ohnaton,one- of the Imiclosed. by n-lit’ four wails of n-u j,m’ison ! ou’iginmn-nI pan’tie.a to the agree-men-sn-: lie Tn-i tine- jury it belmin-n-gs u, decide, made tlme cidef impm’ovenn-cnts on the Wimetimem’, we-n C’kmi,n-ins took posse-s. in-n-n-nd, an-md is responsible fur time goodness -pnon of tn-nh tn-n-net in-n- Ann-gist or Sep. of tine- title. Nor Inns it appean’n-i in evi- turnber, 1796, lie did not sinew n-n- a dence, tin-at eitineu’ Rue-sell, mm’ Cotta/mall, in-mn-n-n-din-n-n- iflte~tun-,n-mof n-n-:mkn-ug it a pin-n-ce have pun-id n-n-n-my pan-’t of tIte cm,n’sideratiomi of nhodu, and n-he un-ne-un-un-n- of snpputrtin-lg mn-n-uney. TIme- objection-s on-n- tin-c gm-mn-n-md n-n- fanmil.” II’ tiny un-hail be of n-n-Iimmn-im)mn-, ~ifln--n-C/n-L’a does not seem to humId in tin. ~i’omn-~ care-fbi review n-nf all tine cir- present in-maIn-n-n-nec againn-tthe plaintiff’s CUmnm’sn-,a,ce’s, f~n-atstn-riu was tIme be-nut, n-mr recon-’ci’y. ‘settled mn-n-ms-Inn-me of isis mind at tine time, Time- ,jn-n-ry found a verdict fortine plamn-i~ then-n- he mn-n-st he considered a’s possess. tiff. (MSS. Report’s.) ing time inwipmemmu m’igint of an actual set- It w.n-s hue-id in-i the Lessee of -n-her. It is tine mite-n-mn-ion-n- unmcn-jnn-ivocaily Mn-Cian-n-glslinv, Muybn-n-ry, in the sn-n-pn-’en-n-ue ahe’n-vn-n-, nn-,t time emtun-n-’n-t of the in-improve- coum’t, beptembeu’ ten-’nn-m, 1808. ‘l’mn-nn-t himenst, winicin- stamps tIme reality of an-i one cannot be an-n- n-n-ctn-mn-n-l ~~ttles- n-n-n two metusl ~-ettiemernt, in the fim’n-n-t instance. tracts of hind; but n-Inn-ut in-is children-n-n- ~t’ tine juu’y simutil deten-’rninme in favour it’ of ‘sufficient n-uge n-u n-’cside rn-nm amid of the plun-iqtiff upon-n- time flr’st point, cultivate the inn-n-md, may be actual set- ~hmeynsn-mst then decide, when-In-er time tk’rs. It was un-iso lucid in tin-at caSe, chamn-am Inn-n-s been forfeited. Tiney will that rusdulgence ‘will be given to a set- ,~udgcof thn-~ground (n-f his discontinu- tier, wino quits mi’s reside-n-n-ce for a tern- in-mg the possession in time-fall; tin-e want pormum’y purpose, with intention of i’e- imffoddem’ for lii’s cattie, and tIme fears of tn-n-rnin-ng to it; aim~Itin-n-it tine tithe of a In-in-u wife in her pregnan-mcy, on accnun-st settler doe-s mint depemnd on time extent of tine thinness of’ tine settlement; they of hi’s inn-prove-mn-sent, but on tIme an-n-i?fl,0 ~ihi also determine wise-timer lie- absen-n-t- rcm’ideuzuii, an-id the posse’s’sioun- corn-n-inn-n-ed. cli inin-mn-~ehfan n-tnmn-’e’ssc,nn-tbbe rime, Clean-- (MSS. Reports.) sn-n-in-n-s capn’esnn-ed his inn-n-cnn-ions of run-un-n- So, ins time case of TP)’igmn-t in-. Sm,nall,309un-i in-mg n-n-. n-ihlfe-ien-n-t person-ma, atvau’in-,us time’s. es-ruin-, supren-ise con-n-vt, September, 11 n- ~e letk n-~n-’,inn-of’ In-is pn’operty in tine ca- (MSS. Re-port’s.) It wa’s held, tin-at hum ; ann-I ‘lie in-laced n-n- buck on-n- tine door, ~hn’se-n-n-bn-n We’s bun-rn-ut c:n-n-’iy in-i the sprimmg warrants un-n-ide-n-’ thni act of 3d n-n-f April, ~fl~i7, win-kin- n-n-night is-n-ye eon-mit’ to hi’s 1792, smn-nuld cnimtniin a ‘special descrip- win-ens in-in-i wife, w’n-uh in-er tion-n of the lan-n-do; a sp\n-cial en-mtn’y isi the bookun- of the deputy..sn-sn-’veyor, en-un-- In-n-then-’, aemn-n-nn-lrd pon-n~c”ssion 1mm Juno not supply the defce-t tine-re-of; nor is tbiiomaruimg. In-rn emil-I wan-n -bin-ntt~un-(mmon-mn-in-s n-n-ny one bun-inn-I to take notice of inch old; an-n-fl inn-.’ ~rn-qn-ne~n-utlya1’terwnu’dn- cnstm’y. An-md, it.’ mn-n-n imps-os-rime-nt is be- hn-.c de-n-nm~n-n-4 on-n- Robcrt ,7ohn-n-itomi ~n-mmn-with an intumit to make an-n- immedi’ 237

ate settlemenst, and prosecuted with lowance is made for a man who has ~‘84. dime diligence tilt a sen-tie-un-en-mt is rum- evinced a bonn-n fide intention-n- to sen-tie. ple-ted, time title will m’eiate to time- first Danger fn’om an cue-n-ny, the death or impron-ement.Ifdelay takes place inn-in-c sickness of the- party on-’ his family, the settlement, it lie-s (in the improver to difficulty of procuring provisions, amid account for it in-i n- reasonable n-mm-n-ni-icr. a varietyof on-In-er circun-nstan-ices, areto And, in Con-by v. Brown, (in error,) it be taken into commsideration. But it was Imeid, that when an actun-al settler, n-n-must always be remembered, tin-an- the win-n in-as made some -n-mpn-’n-)i’emcn-mts, bias title is imprr,fcct, till completed by n-nm- been-i deterred by the violence of a pn-’ovemenn-t an-md residence of five years,. yon-n-rugel’ settler f’u’on-sn- completing his an-sd tin-at though thirty and legally be- ‘settlement, an-n-d has for ses’en’al years gin-n, it may at any time be- reiinqu.n-isiied. neglected to take steps for tin-c recovery It is no un-nconimon-n- thing for fife-re-n-sees, of his possession, it is fact for time jun’7 and even force to take pin-n-ce be-live-en to decmde, ‘when-lien- he in-as rn-on- s’ehin- sen-tiers on-i the san-ne- tn’act; bun-n- n-n-In-lion-n-gb qn-nislmed his settle-me-nt. He doe-s not time pm’ior se-tn-Icr may be in time fin-st in-i- stand in-s n-he situation of’ n-u person-s buns-- an-an-n-cc ill n-used, n-n-n-sd dn-’iven-n- nfl’ by los-ten- ing a legal tithe, wIn-o may bn’ing an lie nmay not always clause to pursue in-is e~jt’ctment at any time ‘uvin-hin twenty- settle-mime-nt. As lomig as lie-is preveun-ted. cnn-c ye-am’s. by tine appn’elmensiun-m of violence, lie Time case- was this. Time plaintiff stands excused fm’om pn-’osecutin-ig lii’s cia’nmed tine lan-id as an nn-ctuai settler. He inlpn-’ove me-nt. An-id even if lie- brings comme-nsce-d Isis settle-me-nt in the yen-mr n-mo suit, it is possible lie nn-ay fhdrly ac- j797, erected a smn-mhi house-, cleared count for it. Hut I can-n-n-ion- assent tothe a piece of ian-sd, son-s-ed an acre- and an i~roadproposition contended fbn-’, that a in-alt.’ of s-ye, fe-n-iced the gron-nn-id, and n-n-san-n wlmn is ounce pm’evented by s-in-mien-ice is-ant away in-i time autumn-i, ‘n-sin-is an in-i- may me-tire from the In-n-n-sd, an-sd recover tention to me-turn in the spring, and. in-s ejectnneflt n-n-n- anmy time witlninm n-we-n-sty.’ complete- in-is settle-macnt. In the spn-’ihg’ on-me ~ean-’s Sn-n-cu umsneasonable tie-has- en-f 1798, lie did rettmn’n; hint one ~aomn-esmay fake place, ui’s would justify the Con-by, under whom time def’e,mdanmt en- younger ‘se-tn-ian-’, who isad nn-ade use of tered, hind in time mean-n- time taken puss- len-re-en- in thhskinmg tin-at lii’s adversary Sessioli of the-cabin, and by time mn-menace in-ad relinquished all idea ofsettlement; rifviolence, pie-vented Em’en-snfrom conan-md ins thin-ut case time law will not sun-fIbs- tinuing his improve-men-mt. Bm’own left tIne labour an-id expenses of year’s to be the land, saying that me- would not con- awe-In-n- away. Time title of’ a settler n-sn-n-- tend with force, but would s-esort to der on-mr act of assembly, is of a special the law. He- re-turned to Mj~mn-ncon-mn- n-mature. Until completed by impeove. ty, his fan-n-tn-cr place of’ residen-n-ce, and me-nt andre-side-sn-ce, it is not to be- cons- until time Thtis of Marels, 1805, when pared. to the case of a persons possessed the presemst action was comnn-encéd, hue of a pen-feet -legal estate, whose right tn-n-ok no measuresto recover his posses- of eiitn-’y is n-sot bamm’ed by less tin-ann- tweni— sion-n-. Tine- Cothys remn-uimied constanmn-hy ty.one years ofadverse possess on-i. ‘We. on time land fn-’om 1798, and made se-s-c- lsave been accn-ustomed to leave it ton-lie s-n-ui imn-sprovenme-nsts. jun-nytn-n decide, under thn-e circumstmumces Tilghman, C~J. finn-live-red time opinion of en-me-h particular case, as-In-ether time of the couvt.—Thei’e is n-so ‘doubt bin-n- settler in-as followed up tin-c commbtice-- tine pla’mn-mtifF~comnmen-mceda settlement macnit of hi’s settlement with,reasonabie in 179~’,and n’etn-nvned to it in-i the spring diligence. In n-lie case befon’e n-ma, tine of 1798, ‘win-in- a view of completing it. con-n-rn- below took it for granted, tin-at Rn-a right ‘was prioo’ to the defendant’s; the plain-stiff ‘was at all even-n-n-a entitled. an-sd, n-f’ he mad commenced an action to recover, if inc was lmimidei’ed by time soon after be~ngpu’even-sn-’ed by time de-- defendant from prosccutinmg in-is settle-- fendumnt, he mn-mat have recns-ci’ed again-m’st n-rue-n-mt in tine ye-an-’ 1798. In-n- this I think hs’mm, But, altmn-oun-ghm lie m’n-giit In-ave i.e-- they en-n-n-cd; for it simouhdhave- be-emsheft covered if he in-ad bn’ouglmt ‘suit in a in-ca- to n-lie jun-’y to decide, win-ethen-’ under amiable time, it does rn-mt follow tisat the facts g’iven in-s evidence, the plain- he may l’ecover after a lapse of seven tifi’ might n-ion- fairly be presn-n-med tn-n- years. The law with respect to actual have relinquished his settlement. cattier’s we’s laid down b-sr this con-n-it, It has been determined in~the circuit expin-cntly in tine- case of Porter an-id con-n-ri, tin-at a se-tn-len- cans-sot support an, Wrigmn-t, plaintif’s in-i error, V. The Lea- ejecVnsent without n-n- survey.—Judgmemmt ‘see of Snn-all, defendant in eru’om’. If reversed, in-n-id cnn-mire de noun an-vun-n-’ded. -‘ the settlement on-n-ce commenced, is not 2 Bin-unity, 124. contn-nn-med with-out immterrn-n-ption-i, it He’s Dun-ring the progress ofthis note, two upon the se-n-ties- to ate-n-mn-mt for it -by very important acts have pims~edre-la- borne reasonable cause. A liberal n-l- n-is-c to th~lends noi’l,ln- ann-4 n-ye-st of time 1784. rive~sOln-i, and Altegln-eMy an-sd coneun-n-ango pawn-in-mg this act, on application man-he to cnn-ce-k, with which the view of this him; an-sn-I the Surveyor-General sin-all ~_y~ great controversy will be closed. file- time same in in-is office, after which The first is en-n-titled “An act to en- tin-c lands so surveyed. and returned, courage- the wan-’ranting and patenting n-seen-I not be- again surveyed, bn-n-t time seof lands non-n-h amid west of the- rivers cretary of the Lan-n-ti-Office shall issue Ohio ann-I AllegIn-enyan-id Con-zewn-nngo creek,” wan-ran-mn-s of acceptance for tin-e same to passed time 1st of Mare-hi, 1811. the person applying to take- in-is title, By this act, the secretary of tin-c agreeably to the provision-ms of time first Lan-md-Office is authorized to issue war- section of n-Isis act. rants an-id patents to all actual settlers, § 3. At any time after passing this re’sidunmg north and. we-st of time rivers act, on-n- n-lie application of an-my of the- O/1i6 and Allegluen-zy an-md Conewango creek, se-n-tiers who may have filed the-in-’ appli- ‘who have complied with tine acts of cation’s in time- Ln-&nd.Office, tine ‘secre- 1792 and 17~4,who may apply within-i tary shmail issue a cent,’n-flcate to time state two years after the passing of this act, treasurer, authorizing In-in-n to receive ‘with such documents as are now n-c- any sn-tm or san-n’s of monn-ey~n-n-on- less quired by law to obtain warrants and than ten dollars, an-id upon-n- n-lie- n-’eceipt patents in tin-at part of time state, also a being return’sd to the Land-Office-, it certificate of’ time dep’~n-ty.sn-ni’veyor of shall be entered to rime- credit of tine ap- the proper district, certifying, that to plicant, although lie may not have exe- tine best of his kmmowledge an-id belief, cuted a mortgage so a’s to entitle him the lands contaimied in said survey in-ave to a warrant or patent. not been claimed by any on-In-er person, Tin-c second is en-mn-in-led n-n- An act pro- by was-rant, or othen-’w’n-se, numd on pay- viding for time- settle-me-nt of certain di’s- The-mit of time usual fee’s of office, sn-me-In- puted tithes to lands north and west of persons sin-all n-’eccivc their wan-’rants and tin-c river’s 0/n-jo and Allegheny, ann-i Cone- patents, upon executing a mortgage to n-n-mango creek,” passed 20th of March, the governor, for n-ln-e- n-n-se of the corn- 1811. rnonwealth, to secure time payment of ~ 1. Agreements enten-’e-d into be- tln-e pun-chase money and mite-rest due, tween warrant holders and actual set- in-n- ten equal annual instalments, and. all tlers, previously to time- settler taking mortgages executed, in pursuance of. possession, tin-on-n-gin- after tlse time re- this act, sin-all be for the purcimase mo- quired by time act of 3d of Apr-i, 1792, ney and inteu’estonly, and sin-all bun- flied in sue-lu cases, where sue-in- se-n-tier in-as in the office- of time secretary of tin-c made an-i actual settlement, continued Lan-sd-Office, and n-n-hail he available in n-’esiclence an-md improvement tine-re-on, as law win-lion-n-tn-in-cre-eon-cling thereof. And descu’ibed in time 9th section of said act, it sin-all be time dn-nt.y of n-hun- secretary of are ratified and confirmed; but not to time Land-Ohi’ucc, he-fore lie- shall deliver affect adverse- claimants. an-ny sue-in- patent to he en-mn-’oilecl, to en- § 2. Compromise’s between adverse dorse- there-on thin-n- n mortgage is cxc- ne-tn-n-al sen-tiers and warrantee’s prior to en-n-ted to se-cure tin-c said payments, ape- tIn-c 1st of June, 1813, by which time cif’yimmg tlsc uummiptnsst time-re-of. Pros-i. warn-n-ante-c releases to tine settler lii’s dcd, tin-at an-my persons win-us has, or here- claim to 150 acres of the tract, includ- after may, execute a mon-’tgmn-ge- to se- ing the settler’s improvements,or where cure- the payment of time purchase mo- eithn-er party sin-all pun-re-base the- claim of ney on lan-md’s for n-lie use of the com- time other to sue-li tract, in sue-li en-n-se mnonwealth, shah not n-lie-re-by be de- the title of the commonwealtin- shun-h prive-cl of tin-c privilege of a freeholder; cease-, an-sd tin-c title be confirmed to time and such person may pay tin-c whole warrantee and settles- accordin~ly. amount due at any time win-in-in time ten ~ 3. Win-crc any adverse- actual settle-i’ years, and the land may he- mortgaged has made an in-npn’ovensent and resi- by agent or attorney, duly con-sstituted. dence agreeable to tin-c act of 3d of But no warrant or pn-utènt so issued, to April, 1792, and has pun-re-based of’ tin-c an-my actual settler, shall pre-judice, or in warrantee any part of the tract to se- an-my wise affect, or impair time right, in- cure his improvement, in sue-li case, terest, or claim, of anyperson or per- where tin-c warrantee, on on-n- before n-lie eons whomsoever in any of the said 1st of June, 1813, shall release- to stuck mann-is. settle-i’, in-is claim to 150 acres, in sn-n-cit ~ 2. All surveys made, or hereafter cnn-se the conmmonwe-n-n-lth shah cease- to to be made, agreeably to the 8th sec- in-ave any fun-tin-er claim to sue-li tm’act. tion of theact ofthe 3d of April, 1792, § 4. Any se-tn-n-al settler, who, adverse and entered in-n- the survey-book of the to the warrantee-, lied commenced an-n- proper deputy-surveyor, shall bere- actual settle-me-nit, and residence on any turn-med. into the Surveyor-General’s of- tract surveyed on-i win-i’s-ant, and resided fice, by the deputy, at any time after thereon two years, n-n-nd is that tin-ne- -239

cleared, fenced and cultivated n-lire-c survey, and erect a hon-n-se thereon, fit 1784. acn-’es on such tract, and had ahamidon- for thn-e habitat’mon -of sn-san, in such cases ______ed In-is settlenuen-it on such tract, at un-ny the consmonwealtin- shall cease to in-ave time before the settle-she-nt, residence any further claim to said tract, and will and lumps-oven-ne-un-s required by the 9th confirm- and ratify time title to tIme same-. section of the act of 3d of April, 1792, ~ 7. Where-pan-en-its, common-sly called were fully amid completely made and prevention patents have issued, to said ended, and who, by himself, or in-is 1e~ party, or parties, for said land, and lie, gn-n-i representative, shall return to such she, or they, shall request a ne-n-v pa- tract befure tIme- 1st of Jun-rue-, 1813, and tent for thesame land, in-shall begrant- ~etn-ie and reside on the sn-n-me so long, ed on payment of the usual fe-es of of- n-us win-Is n-lie reside-n-n-ce and improve- fice, and on delivering up time old pa~ sine-un-s aforesaid nn-ade thereon, shall ten-it to n-lie secretary oftime Land-Office, un-mount to what is requn-ired by sam-I 9th that it sissy be cancelled, n-section, sue-In- sen-tier, or In-i’s rcpm’esen- ~ 8. Ins any case of compromise win-li. tative-, so return-ning and n-’esidnng as an actual settler, and wise-re a new war- ~fore-said, ‘shall be entitled to ak time rant of default sin-all have be-en issued. benefits of an actn-n-sl settler, under this for the same n-m’act, the pun-clinic sn-money act, an-sd tIn-c act of’ 3d of April, 1792; and office fee-s for the same, sin-all be hint should in-c neglect to re-turn, or fail re-pun-sd by time state tn-en-n-surer. to re-cornn-nence said. settlement w’n-tlmisn- § 9. The pruvisiosn-s of this act shall said time, ann-I pe-n-’form the condit~ons not be consti’ued to affect any agree- herein n-’equ’is’ed, his previous settle-- ment heretofore made be-tn-ye-en-i an actual men-st ‘shall be con-n-side-red abandoned af- settle-n-n- who in-as made time settle-me-nt, ter said 1st of June, 1813; anti after reside-tn-ce anti improvements on a tn-act said day, the warrantee, or isis he-gal of land, and any person who was to representative,may disposeof n-lie same, proen-mu’e the title for said settler, and intin-c samenmanmscr, and un-mder time same on-n while-h tract of ian-md time original war- conditions, as hands wise-re no se-tush s-ann-ce in-ad failed to fulfil the conditions settlementwas commenced, n-n-nd on time of tIme 9th section of time act of 3d e-f sun-me- conditions, and under the same- Apu’il, 1792, but all sn-me-li con-itracts sin-all exceptions a’s in-n other cases, will time remain as heretofore, unless an agree- comnionwen-tith cease to have any fur- ment shall take place between ‘sit par-. timer claim to sue-h tn-’aet of land. ties concerned before tine 1st of Jun-me, ~5 Every ‘se-tual adverse settler, who 1813, or the original grantee, or his has been evicted by the warrantee, by legal representative, shall release his process of law, shall be e-~titledto all claim to the conti’actin-ig parties; on the ben-iefits of an actual settler un-ide-n-’ ‘wIn-ich s-ele-ase- taking place, the state this act, and n-lie- act of. 3d of April, in all such cases n-vu! cease to imave any 1792. Amid. upon the warrantee- re-lea’s- In-n-n-n-her claim to sue-In- land, and time ti- in-mg to sue-in- settler, on-’ his legal repre- tles shah be ratified and confirmed in-c- sentative, 150 n-me-re-s of sn-n’s-i tract, in- ~‘ordingly. - eluding hn-s inn-prove-me-nt’s, clear of’ cx- ~ 10. The parties to any compromise, peisse, on’, in cases where either pam’ty sin-all cause the- evidence- these-of to he shall purchase time right on-’ claim of time re-corded in the proper county, and a on-In-er to such tn-’ae-t, in such case time certified copy thereof transmitted to commonwealth ‘shail cease to have any time secretan-’y of the- Land-Office ‘sin-alt further claim to said tract, but time title be evidence of sue-in- agreement, andtlie sin-all be ratified and confirmed to the usual proof of settle-rncot and residence sand settler and warrantee ace-oiclin-igiy. being filed in said Land-Office, patents § 6. WIse-re no actual settle-men-nt an-md ‘sin-all time-re-upon-n issue agreeable to the residence now exist, on many tract of provisions in time fore-going Sections. land ‘surveyed on wan-’n-’ant; atn-d time wan-’- ~11. An-my civil process issued. out of ‘smite-c, or in-is he-gal representative, shall any court, or from any alderman orjus- bef’ore the 1st of June, 1814, agree tie-c, against the Holland land company, wutim any person-i to commence a settle-- Pennsylvania population company, or sue-nt on such tract before said day, amid the 1~oi’thAnn-erie-an land conspany, or n-’eiease to sue-li se-tn-he-n-’ mis claim to 150 other n-van-’mn-n-mnt.imoiders, by tin-c n-same of an-are-s of ‘sn-me-h tract, clear of expense, the respective companies or warn-ant- ann-I sn-me-li person, on-’ his legal s’epresen- holders, as time case n-nay require, shall tatn-ve, shall commence an actual set- be served on tin-c agent, or attorney iii tle-me-nt on the same before said tin-n-me-, fact of sue-li conipan-my, &e-. in case where n-n-nd contn-n-n-iie a residence time-n-eon for five years next following n-lie first con-mm- attomn-iie-s or age-n-st’s n-nrc or may be ap- voimmted; and on-s due proof of such her— Thence-me-nit, and, wn-thmn-s that time, vice, time- sn-n-meproceedings simahlhe had, clean-’ -fence and cultivate at icast two as against othn-’mn- defendants, in like. ~eres for ren-n-y hmundren~,acres in said cases, 240 n- 784 ~12, Where an actual settler may less tin-an the win-ole of anysue-li isian-ud; heretofore- is-ave pn-n-rclmased time right of an-md all sandbars and islands, not ‘so’s- a warrantee to a tract of’ laumd n-morth and ce-ptible of cultivation, an-nd not survey. west, &c. wise-re-un he may have made ed an-md ran-un-used in-n-to tin-a Surveyor-Ge-- an acturl settlement agreeably to time n-men-al’s office-, for time use of time iat~ act of 3d of April, 1792, and sin-all ap-”~proprie-tmn-ries, prior to time 4th of Jn-n-ly, ply to pun-ten-it the same, tin-u see-men-an-yof 1776, sin-all be an-md re-nnain-s common-n- higit~ the Land-Office- sin-all grant sue-li patent ways forever, on n-he usual proof of settle-men-ut being § 6. Patent to be granted in-s tin-c usual made, an-id. a regular elnain of title pro- for-n, oun- payment of’ tue full purchase duced from the warramitee, on paymn-n-ent money. of an-ream’s an-i office- fees. But n-mon-hn-ing § 7. Existing rights to any islan-ids, not contained ‘In the foregoing shall be comm. to be aliected by tin-is act. sn-rued to prevent tine commonwealth-, The following case occurred under at. any time in-ere-aften-n- fron-n asserting this act, at a circun-it con-n-rn-, at Lancas- in-er rigint in cases n-if forfeiture un-n-den- ter, April, 1805, before Ye-otto an-sd Sun-in-la, tin-c act of 3d of Apm’ii, 1792, when justices, Lessee of George Moore- V. tin-c warrant-hn-nln-lers an-md actual settlers ~olun-Mufn-dorf. (MSS. Re-pouts.) shin-n-il fail to embrace the provisions of Ejectmenn-t for a ‘small isiamsd in tin-c this act. river Suaquemzan-n-na. It remain-s’s briefly to br’s-mg into view The plain-muff claimed under an appli- the various act’s which have bee-n pas- cation dated 29th of M-y, 1794, where- se-i on the subject of the public lands upon-s an on-den- issmied to three pen-’sone of tIn-c state, since tine act of3d of April, to view it Tisey u’epurted on-n-tin-c l7tiu 1792, and n-sot alrean-ly notice-d of November followung, that n-he juan-n-cl By an-i act entitled “An act directing was susieptible of cultivation, an-id va- the sale of certain islands in the river lued It at £4 per acre. Susquehanna,” passed 6dm of’ Mare-in, On time il-is of December, 1794, 1793, (post. chap. 1649,) n-upon applica- GeorgeMundorf en-ste-red a caveat against tion-n- made by any person to the- Land- tine acceptin-un-ce of Moore’s sun’vey, al- Oflice for a warn-ann-n- of survey for any leging tin-at in-e mn-ami a valuable improve- isianid in Susquelmanna or it’s branches, ment on-i time island, an-n-cl ought to have -so far as sn-ne-In- branches have been de- time right of pn--e-.emption. clared imigln- ways, ‘n-n- was made hawfiul Omn- n-lie 8dm of Jun-me, 1797, .n-Woore to issue sue-li win-rn-allis on certain con-i- made a se-con-md applicatioun- for the island, n-litions and restriction’s; but no warrant asserting it to be n-lien improve-cl, and to issue for an-my islan-sds surveyed an4 in Isis possession And on-i the 24t1s of returned to the late pn-’opn-’ien-arics, prior August, 1802, ,~oh,n-.n-1n-Zieiudo;f, in behalf to tite 4th of July, 1776. ofijimseit’, n-n-nd the on-in-em’ in-ems of Ge-on-ge ~ 2. Apphicansta to state any improve- Mundorif, cnn-ce-red another c~cveat,claim- ments on the- island’s, time nature of ing under an insprove-me-nt made ten the-rn, an-i win-en and by whom made-i yeas’s before, for the purpose of tiliage, Improver’s to have- time pm’eference fot’ and in-ssertmn-ig tin-at lie in-ad many years two years; after which- warrants mn-ny pu’eviouily irnpn-’oved tin-c san-ne n-n-s a un-isad issue in-s favour of time- fin-st applier; an-md fishery, an-sn-i In-ad applied for a grant of warrants issuing otherwise, small be the islan-mcl, at time timeof lii’s e-nmtry of deemed to have issued by surprise, and time first caveat, December 11th, 1794. be- void, and the- money paid be forfeit- On tin-a 13th of December, 1802, tIme ed to time commnon-mwealth. Board of Pu’opeuty decided, tin-at the § 3. Caveats maybe entered, and de~ iun-mprovemenl; of’ George Mundorf being cide-d by the Board of Property in the en-n-n-lien- tin-an .Zi~oore’s, an-md tin-c for-ncr usn-nal form- imaving’ never relin-mquisin-ecl in-is claim, § 4. TIme Board of Property, with but filed in-is can-n-eat in Decemben-’, 1794, tin-c approbation of time Governor, shin-n-il where-in inc damned by virtue- of in-is in-il- ~mscertun-inthe- just value of time islands prove-me-nt, which claim being made applied for, win-en-in-er improved or not, within time time linnitcd by time- act of’ in-un-yin-mg me-gun-rd to time soil, wood, and Gtis Mare-h, 1793, tin-c Caveat of George distance fm’onsn- tin-a main land, and the- .lhiundom’ff, and ti’se claimof George21-bore, advantage-s to be den s-ed fn’om time same n-vet’e diann-issed. gun- regard to ‘fisheries; but the lowest On-s time same day, ~ohn-mMundorff en- pruce ‘shall not be less tin-an eight dol- tered a formal application for the island lun-r’s by tine acre. on bnhuhf of himself and the on-in-er he-inn-a § 5. No warrant to issun-c fbi’ any of George Mundorff; butt this applica- n.n-ln-md, n-n-nile-s’s n-h-n-e same is suu.~ceptihle tion wa’s not pn-’uduued in evidence, n-nil ef cshhtivation, nor Unless th~n- wiioie the trial wasne-an-’iy chose-ti. ~.umchun-semonn-ey shah be paid to tine The- chief vain-me of the islan-id con- Re-ceiven--Gen-n-er’sl, nor for v.nn-y quantity sisted in its bein-ng a proper place to ~4l

dtin-w time seinie- fora shad fishery. Moore, by raising tobacco, In-sdian-i corn, turnips 1784. in-n- 1795, and 1796, win-is a pam’ty, in-ad and rye, tlseu’eoum, for four successive clen-n-re4 away sn-mine bu’ushes on the years, undisturbed by an-my one; tn-i’s lit- ishan-ud, and fin-n-In-ed tIme-n-c ; lie had also a tle pn-mtcim be-in-mg’ snrn-oun-sn-Ied by a n-’on-n-gIm fishmen-’y on-mn-lie eastem’n shore n-iftin-c rn-ye-n, in-n-closure; and dud occasional . acts of oppiusite ,o tIn-a pie-misc’s u—But it ap- osvnmershuip timereoum. Time-se- acts cost peared, tinat George Mun-mdorf, who in-v- iabocn-n-’, n-hon-n-gin- not a great deal. ed as a tenmant on an-s adjn-ueen-nt. island, Time onsiy pomn-st to be considered isenla, called Burklic,lder’o’, about 12 perches is, wine-time-n-’ thse- defendant’s claim is distant, huad in 1779, and in-s the suc- forfeited, for wan-nt of an application to ceeding years, done- won-ic thereon, by tin-c Lan-md-Office in-s due time? digging down-i time bank mm’s it washed Tine law of 6th- of Mane-In-, 1793, con- awn-my, an-nd eon-n-in-mg n-lie brush as it grew fn-n-me-d time pn-’eferen-n-ce- to impn-’overs of time up, to fit it fon-’ n-n- fish-cry, an-sd in-n-n-ti ai’so Suequehan-nna islands to n-lie- term of two cleared out time pool, amid fin-lied timen-’e ye-an-s after tine-pan-sin-mg of time n-let; after occasion-n-ally with a company wino as- which pe-n-’iotl time m’ighmt n-uf pre.emption-n- sisted bin-n in tine work, and claimed an ce-n-n-se-n-h, ‘l’hmis term won-n-id hare- expired in-ste-re-at in-i tine fishmen-’y. His cattle we-n-c On the fin-lu of March, 1795. thriven in an-id on-ut of tine island by hs 13-ut time act of’ ‘22d of September, ciuiidre-n In 1790 inc in-ad a sn-nail in-en 1794, (in-y”a) which was n-nun-do five me-hosed ~of 10 or 12 yin-i’d’s square, in moms-Isa an-n-cl tinmn-tee-n-s days before- time whicln- in-c cultivated tobacco, an-n-cl un- tine end of tIme two yen-n-n-’s, ~uspen-sn-1edtin-a tisice following years, lie raised time-re-in operation of time former act, as to tn-n-k- Indiun corn-n, turnips and rye-, wimich ime ing up i~n-uds n-vithiout a se-tn-len-ne-n-st an-md afterwards gatisered. It was genie-rally impn-’ovemelst time-re-on. Tin-is suspepsion kn-n-own-i by tine name ofMn-on-nlorff’e- island, was n-sot taken-n- off instil the 2Sclof Mend-, 2eates, J. Tine right set n-n-p to n-hi’s 1802, (imifra) wIn-en an act passed for ishcuuct on each side, is twofold. In-im- that pn-n-mpose, so far- in-s related to n-lie prove-me-nt, and application to tine Lan-id- isl:n-n-n-ds in-i tin-c Sun-qn-ielianna Add to this Office. As to pre-pan-’insg a p001, an-md iast pen-iod, five mon-itlms ‘sud thirtcea cutting brusis to effect ~ good landing days, an-n-mi tine- term of two yean-’s is pro- for drawing time- sainme on an in-n-In-n-nd, intn-n-n-cued until tin-c 5th -of September, has been-n- objected, tlmat the-se acts can- 1802, so timat if either the- first or se- - not be deemed an improvement, which cond caveat won-mid be considered as ap- can-s con-n-far an equitable interest in the plication-n-s witln-in time tn-’ue- meaning of - land, The posinion is Correct in-s gene- the first law of March, 1793, they ral; been-un-use time act of 6ths Mare-is, bn-mth fail within the term of two years. 1793, “ directing the- sale of dem’tain Tine- first caveat wa’s sin-in-posed by the islanmds ins tine river Sacqn-n-elmanna,” pro- defendan-it to be ta,mta~sn-ountto an ap- vides in time 5th- section, “ n-in-at n-mo war- plication, because in-a recite-s it as rn-n-nt of sun-s’ey sin-all issn-me for any ofthe such in time- caveat filed after iii’s fa- said islands, unless tin-a same is stun-ce-p. ther’s deathm~ It is true no survey could tmhie of cultivation,” and time-re-fore the be made on-i em-in-er of the -caveatc, n-nor improve-men-its must be mache time-re-on. could a survey have be-en madeon the But time question may at some time be application-s witln-on-n-t a -warn-an-mt ; but worth considen-’ing, wise-timer wise-ni time time caveats were assertions of claim, fin-ness of an islan-id for the landingphace and in-i my idea n-vera virtually applies- of’ a fishery, constituted its chief value, tioiss fun-’ the island; they negative all thomngh a very small part of it un-may be ide-a of aban-sdonment, win-en set up in cn-n-itn-vated, time ciean-’ing out a con-nn-igu- opposition to an advarse-’claim, assert- on-n-s pool, n-n-nd removal of the obstm’uc ing time right to be in the cave-an-or’s, and - tn-on’s of bn-n-msh from the landing, may pen’sisn-ing in tin-dr claim to n-n- right of not be n-lee-med a species of in-npn’nive- pm’e emptionm. Oms this matter however, me-nt, as i~necen-msariiy enhances time va- time con-n-rt were divided in opinion tJn-i~ in-n-p o~’time soil? W’e- give no opinion-s fom’enmcmon. It now appears, tin-at imme- on timimi poinmt, astise casn-~doe-s not ne-ed diately after the decision of time B”arci it. If the- que8tnon shall be- determined of Property, time det’endsumt formally in-i tine- affirmative, then the defendant’s applied an-time Lmn-nn-l Office f~’rtime island, chain-in-is several ye-an-s earlier in-i point of in bein-aifnflmimsc~lfan-md the other hneirs time than time plajnn-iff” n- If in the negative, they stan-sd n-nfl 5the ‘same footing of hi’s fan-imen-’. Win-ihe time comiti’oversy n-n thins partn-cuian-’, and the plaintiff is subsisted before tine Boam’d, lie wan bcnn-uscl to shmew his supen-’iol’ right, be- stopped fn-’om going on to better hums title ; ann-i as tn-i time plan-otuff, lie sn-ann-sot fore lie can re-coven-’; his se-con-md appil- be said to in-ave forfeited his pretensions catnn-,n of 1797, cahin-ng for lii’s impn-’ove. ibm’ wan-st of n-n-n application. I the-re-- me-nt, was mn-se-on-ice-ire-mi Old Mn-n-ndorf fore think time plain-st’cfF is not entitled n-a sen-n-n-ally cn-n-ltn-vatad the ‘soil oftime in-lan-md n-’ecovci’ - VoL. IL B: ~4c2

1784. Se-iit/u, J. I fe~n-edbefo’re time coon-’i~ of April, 17i~4,on-n-tine file’s or bookE adjourn-ned this forenoon, there would of the Lan-md-Office-, for lands wi-thin-i have be-en a difference tn-f opinion on-m tin-is commonwealth, for whsichm the- pur- n-in-c be-ne-in-, As to the caveats, I decid- chase money in-as not been paid, shall, edly am of opinion, they do n-ion- amoun-mt fn-’om time passing of timis smn-pphe-ment, to application-n-s witin-in the inn-tent’n-on of be- null, and void; pro’vide4 that all time- act of fin-in- of Mare-Is, 1793. But person-ms sin-all have time- benefits of time on-n- the production of the defendant’s ap- n-n-ct In-eased March 29th, 1792, en-stn-. plication of 13in- of December, 1802, the-ti “ An-s act to authorize the re-ceiver fom’ the isi~ndiii question, I sin-s clean- general, to carry monies m’ece-’n-ve-d imit~ chat time plaintiff is not inn-in-led to recov- that office sin-n-ce a given period, for er. Verdict for det’e-n-mdant, lin-n-sds sold, n-nnd which in-ave not been, On time 22d of April, 1794, an act nor n-hall be see-nun-ed to tine pun-’clmasers, was pas’sed (post. chap. 1755,) entitled to time e-redit of such purchasers, or “ Arm act fo prevent tIne receiving an-iy tlme-ir assigns, in payments already due, ~nore applications, or issuing an-my more- and hen-’eafte-r to become due to the wan-rants, ex~e-ptin certain cases, for commonwealth, for n-lie purciin-n-se of an-my ‘and within thiS commonn-~’ealth.” lands within the same, “agreeably to It enacts, tisat, after passing time act, the provision’s contained in-n- a supple-- no application-us shall be received in-i tin-a me-nt to said act, passôd Marchm 6tin-~ Land.Office, for any un-n-improved laisd 1793, (ante. page 202.3.) Pron-imled also, within-s that part of this commonwealth, that mmotlmmn-mg he-me-in con-stain-med shall be commonly called the n-mew pn-n-rchn-ase, cmn-nstrued to abridge tin-e time for pa- and time tn-’in-mn-mgnn-Iar tract upon lake Erie. tenting of hands, or in any wi’se injure ~ 2. No warrant shall issue after time the m’igiits of those pen-’son’s who non-i 15th- ofJune, (1794,) for an-my land with-. hold, or hereafter shall hold lands by in that part of this conn-monsweaitii, virtue of actual settle-ments made or to commonly called time- new pure-lien-c, and be made, unde-r the law of 3d ofApril, the triangular’ tract upon in-n-Ice- Erie, ex- 1792. cept in-i favour of persons claiming time- Byan actpassed 23d ofMarch, 1802, same by virtue of some settle-men-mt an-sd (post. cin-ap. 2251,) so much of time- improvemen-it made time-n-eon; and tin-at above supplement, as prevents or bars all applications ~or lands tin-at may n-’e- the issuing’ any warrants un-ide-n- -time di.. main on time files of tIne ‘Lancl.Ofilce rectiomn-. of time act fom’ the sale of ce-r- after the said l5tls of June-, and for n-sin n-slain-ti’s in the riven-’ Sn-n-srjun-e/uan-nna, is - wiu’n-cln- time pin-re-base monn-ay sin-all not n-e-peaieh. have been paid on that day, ‘sisal be Time omn-iy decided cases which bear n-mull ann-i void; provided tin-at applica- n-n-pon n-hue foregoing un-ct’s, are so connect- tions may be received, an-md warn-ann-a ed with hew’s passed upon another sub- n-nay issue, until thse 1st of January, ject, that it is now necessam’y to bring 1795, in fin-von-mi? of any person or per- tin-em into view in tin-ia place, ‘sOns to whom an-my balance or balance’s By an act passed28th ofMare-in-, 1787, ~nay be din-c in the Land-Office, on-i un- entitled “ An-n- act for ascen-tain’n-ng and satisfied warn-an-its in-sn-n-ed hefon-’e tIme confirming to certain-s persons’s called 29th of March, 1792, for sn-ne-li qn-n-antity Con-n-ne-en-icon- clun-hmnants, the lands by ofland respectively as ninny be ‘sufficient thuens claimed within the county of Lu- to dn-echman-ge sue-li balance, orbalances; -zen-ne, n-n-nd for on-In-er purposes tIme-re-in-i - provided, tin-at nothing in-I this act. shin-n-hi be un-mentioned” (Chap. 1274.) Pu’ovision-m so consn-n-’ue-d, as that warrants, except was mache for ascertaining and con-mflrmn- tin-on-c wise-rein-n- tine land is pn-n-rticuian-ly ing the- titles of time Connecticut claim- descn-’ibed, shin-n-Il in an-sy main-ncr affect an-it’s, ann-I for allowing tin-c PCimn-~syiva- time- title of time claim of any-person nia claimant’s an equivalent, at the-h’ mn-n-n-ving rn-made an actual in-npn’ovemen-n-t be- option, in time- old or new purchase. fore such warrant is entered an-nd sur- The- 9th- section of that act, is as fol- veyed in tin-c deptn-ty-surveyon-”stm books, low’s: “And wlmereas time late pn’oprie- By a supplement to tim — act, passed tn-n-ne-n-, an-id diven-s on-hen -pen-sn-inshave 22d of September, 1794, (post. chap. heretofore acquired tithe’s to pam’cels of 17T3,) it is enacted, tin-at fn-’onn- an-md af~ the lands aforesaid, agree-ably to the ten’ the passage of said stipple-me-nt, n-so laws mn-nd usages of .Pennsylva;mia, an-md applications sIn-all be received at the who will be- deprived -there-of b~the Lan-nd-Office, for w~y10rn18 cvitimin-I tin-is operation of tin-is act, and as justice common-n-wealth, except for such lands m?n-n-qn-li1’es n-list compen-ssan-mn-m be mn-an-he whereon a settlement hun-n-s be-en, or fn-nn-’ time- lan-sd’s of which they sin-all tin-u’s hereafter sisal be made, gn-’ains rais- be divested; and as the ‘state is p0’s’- ed, n-n-n-n-ti a person or persons residing sesse-ti of other ian-ide, in ‘w’hn-chi an-n- the-re-on-n-. - equivalent may be n-’enden-’ed to the ~ 2. An-it applications made sin-ice 1st claimant’s un-n-den- Pennsylvania, an-sd as it ‘w~ii be necessary tin-at their claim’s report n-npo’si their respective lands, 17a4. should be ascertained, by a proper ex- ‘which- we-re lodged win-intin-c Board of amination, Be it enacted, &c. tIn-at all Property tn-n- b,e acted upon ; - and it was persons maying sue-in- claims to land’s but just, that the pen-sons complyin-sg which will be afFected by tin-c operation witin- the se-ic1 law, while it was ins eais- of tisis act, sin-all be, and n-lucy are tense-c, ehouln-l be entitled to time benefn-t mn-en-’eimy required, by then-mn-sn-n-ives, gin-ar- of time same-; in- was enacted, that jt dtmn-n-n-ss, or other lawful age-n-its, ‘n-yin-hun-n- sin-all in-nd may be- iawfun-i 40r time Board of 12 months from time passing of tlmis act, Property, amid they are en-n-joined an-id to present tine sanme to tin-c Bnn-an-d of’ required to pn-’oceed upon tlse- repon’ts of Property, thn-erein clearly dese-n-’ibnn-ng time commissioners appomn-mte-d~bytime act (hose lands, and stating time- grounds of 28th of March, 1787, which In-ave of the-it’ claims, an-id also adducing time been filed in tine office of’ the secre-tar~f, proper pu’oofs, not on-sly of time-in -titles, and n-n-se-cn-n-sin, as nen-n-mhy as tin-ey cans, but of time situation-is, qualities, and from the docmn-ments so placed in thn~ value’s of time lands so claimed, to ena- secn’etary’s ofFn-ce, an-mci from sue-li fun-- ble- tin-c Board tojn-mdge of time validity of n-hue-n -evidence as they may deem ne-ce’s- their claims, n-n-n-md of the quantities of’ sai.y, an-nd ‘wiiicl~shah be- pn-’oduced to vacant lan-uds proper to be gn-’anted as time-rn, win-at sun-n-s or sums ought, on time equivalents. An-nd for eve-rye-him ‘n-yin-id- principles of the aforesaid law, ‘to be sin-all be admitted by said Boan-’d, m’s du- allowed to the n-’espective owners, an4 ly supported, time- equivalent by tine-rn the Receiver-General shall there-n-spas aiiowe-d, may be- taken e-itl~erin-i the dehiyen -a certificate of’ ‘sue-h sn-n-rn or n-mid, or new pure-Inn-n-se, at time option of sn-n-ms to tine n-’espectin-n-e owners, and time- claimant; n-md warrants and pa- enter a cm’edit in In-is bmn-oks for thesame, tents, and all on-in-er acts of’ tine pub. wimiclm may be transferred to any per- lie- offices re-latluig tIne-veto, sin-all be son-i, and passed as credit, either in-u tak— pen-’formed free of expense. The sam-I in-n-f’ out nets wamn-’ants in any part of’ tin-a Board ~hn-dlalso allow sue-is a quantity of state, n-u/n-crc vacant land may be/ann-md, va~an-n-thand, to be added to sin-cm e-qn-ni- or paying an-’i’earages on-i former grants; yin-len-it, as sin-all in timeir judgnn-en-mt be Provided umevertlieleos, tIn-at time value of eqn-mai to the expenses, which n-austin-c- tine- ian-sd, fbi’ while-h sn-me-is certificate-n- cessarily be in-ie-n-n-rm’ed in-i iocatinsg n-n-nd ave so to be delivered to the mn-foresaiu~ sun-’veyinmg time- same. Amid tin-at time e-laiman-mts, shall n-sot beestiniated otiner- Board of Property may in every case ob- wise, tin-an if the same- had be-en mad. tain satisfactory evidence- of time qmn-sii. by the Boam’d of Property immediately ty and vamn-n-e of the- land, wisie-mn- n-luaU n-n-item’ tin-c n’epnn’t ofthe- said comammssion- be claimed as aforesaid, under time pro. en-n-, in pun-’stn-ance of time said beforo pnietary title, they n-nay n-’equmn-’e time mc’n-mtion-n-e-cl law; and the claimants to commmmn-sionen-’s n-n-foresaid, dn-un-’mn-mg time-n-n-’ re-lease them-’ respective chain-n’s for sitting in tlse said con-n-n-sty of Ln-n-zerne, svbn-ie-h tin-e-y n-hall s’cceive -compensation. to make tine- necessn-mn-’ymn-sqn-n-im’ies, by tin-c Lessee of J~avn-’d Mn-n-amle v. Frederick oaths’s or affirmations of lawful win-n-n-es’s- Ha,pmaker and .Ln-ike Step/ncne, Allegheny, Cs, to ascen-’tain those- ,mnmn-s; n-in-md it October, 1800, be-fore- X’eçstes and Smith, sin-all be tine duty of the1 se-in-i commis- jun-n-ices, (MSS. Reports.) sionen’s to enquire an-id report accord- Fn-jee-tment In-n-n- one rune-sawn-ge- and 400 in-ighy.” ne-re’s n-if hand, sun-re-yea on-n- a wrn-rn-’ammt Tin-i’s act was’ suspended by n-n-n act for Henry Meade. Tin-c plaintiff claimed han-n-edMas’cii 29th-, 1788, (chap. 1338,) undcu~a wan-rant to H. M. dated 17th an-ui re-peale-ri let of April, 1790, (chap. of Mare-in-, 1796, for four imundt’e-d acres, 1.414.) In Van-mluon-’zue’s lessee v. .Dn-,rrance, n-ion-tin-, &c. between-s time- outlet of little n-n-s the en-re-tilt court uftin-c Un-sited State-n-, Co;zeaut hake, ann-I Sausdy creak, grann-te-d time comifirming act was dec.Ian’ed to have in-n- pun-’suan-mce of n-lie acts of assembly, be-en unconstfn-tn-itiommal un-nd void. 2 Dal- passe-cl on-i tine 3d of April, 1792, and las, 304. 9th of Mare-is, 1796 UntIe-n -the-n-edin’cumstanices, [n-nm act Tin-c warrant was entered win-li the- ‘n-van- passed time 9th of Man’e-hm, 1796, depmn-ty snn-vveyor of the district on tis~ (chuap. 1866,) en-mn-in-led “ An act to 28tis of May, 1796, an-id a sn-um’yey was. - ‘ cn-umpenssate David Me-ache, an-md others.” made- time-re-upon (an-md seven other wn-n-r~ - While-in- after’ re-citimmg, that Da~4d.M’eade, rants) of 401 acres ISO peu’chues by w n-n-nd sun-mdu’y on-hem’ pen-’sons, embraced Potter on thin-n- 15th of Augn-mst, 196, - - time provisions of tine act of 28tIm of wIn-n, on-i tine 17th- of tine- same months, Mare-in-, 1787, and perfon-’n-ned on-s their received his sun-’veyingfee-n-, 70 douhan-’s. pan-t, all the reqn-nn-sn-tes necessary to A èen-’tlflcate- of the Receivcr-Genen’al time-mm’ obtaunn-ng time- lie-ne-fits of tin-c said was also n-hewn ins evidence, dated 7tk law, by an-ten-n-din-mg time- stair conmmissinn-i- of October, 1800, that tin-c warrant cn-’s n-nt. TJ~n-’o?izing, in-imd pl’ot’uu’ing time-in- grantedto B~Meade, with 18 other war- 244

a~‘84 ran-its, was paid by ce-n’tificate No. I. fon-’med time-re-of.” Tine Sn-I section-s di- issn-ued to the lessor of tIme plaintiff, rects, “ tin-at every application sisall agreeably to n-he act of 9th of March, contain-s a pan-tie-n-n-Icr dese-n-’iption-s of’ time- 1796. ian-sd’s applh’n-cd for.” But tin-is n-s not n-hue It appeared in evidence, that a sur- case as to tine presen-st wan-’rammt, which vey, cmn-Teipondng n-ri every pan-’tn-cn-n-har cmli’s for n-so specifie- spot, bmmt generally with that claimed by the plaintifh had for lands between time on-un-let of little be-en made for tIme defendant ifayn-naker, concoct hake, and Se-achy cu’eek. The in- under arid in-s pursuance of h-s mmprove- termediate space between them is a men-nt 5dan-vd 2c1 October’, 1794. TIn-is large tn-act of cnuntn’y. Tine- act of’ 9th survey was said to have been made on of Mare-in, 1796, “to compensate David the 5tim of Jun-ne, 1795, and was u’etun-’n-sed ,Tk(eade an-md on-in-er’s,” me-ices n-men- alteration in-ito n-in-a Survcyor.Gerueral’s office- on in-n-n-rein-n-, but pints clue-rn on-i time same Ibot- the 16 In- of Jarstn-am’y, -1798, with a note log win-h other citizCn-ns! It ban-ely gives sixhjoined tin-ereto, tiizn-t “,Daaid Men-n-de then-n credit far n-he sums found due- to claims tin-is survey unden-’ in-is wam’i’ant.” tine-rn, em-her in-i taking out new wan-’- Hajmaker lived bn-mth be-fore- an-sd sin-n-ce rants, or paying an-n-ce-rages on former u inn- (~‘useewago,at a distansce from gn-’n-n-n-mts; ann-i n-hn-n-’y must necessarily be these-1795~lan-n-ds. No in-n-’oof wln-atun-cr was con-msiden-’ed as ‘subjected to even-’y other given-n-, of isis having at any linaC made n-’eguiatirmn, ten-rn and condition iminposed any improvement on-n- n-In-eec lan-md’s, by existing laws. Thie ‘wan-’n-’ant on time Steven-us, tine- otmn-er dde-n-ide-n-ut, In-ad a face n-n-fit, expn-’esse’sno condition of n-rn- family n-nfl time west bye-ne-h of Sumsque- prdvemenn-t, building a lmon-ue-e, or resi- mann-na, under time cun-n’e of orn-e ,7eese Glen-n-. dence for fire years. Thue smnrvey also, cey, hun-u step son-n-. He took lodging’s in under whiclm tine plaintiff claims has Cnessewago, and afterwards sen-n-led an-id never been re-tn-n-roe-cl into time Surveyor. improved a fan-mn-i ‘about two and mn-n in-all Gene-ye-f’s office, as the law n-equin-es. miles distant fron-ms time-se hands, an-md it is a men-c tran-n-ecn-’ii)t of time survey ~bie-hihe non-v holds n-ms an actn-ual set- mmdv fun’ Haymaker on the Sn-is of June, tler. Stevens, to mun-ke somume dampen- 1795, aumd it is in-igln-hy probable tin-an- it sa~ionto Glan-uccy, be-ge-n n-n- small inn-I- was rn-cut made by the dejun-ty.sn-n-rveyor’s prove-mont fan-’ imim on the hands in-n- ques- going on time groin-mud, after time issuing tion-s. On time 23d of May, 1~’96,he of the wan-rant. This is pen-’cn-impton-iiy foun-md a e-abinn erected on time ground, reqn-un-n-’ed by tIne- act of 8th- of April, -14 fe-ct square, not covered in-n-; he 1785, an-md by tine- 9th section thmen-’eof~ dn’esse-d it for e-ove-n-’ing, sprouted 30 or “every sum’vey thueretofbi’e made is ac- 40 stumps, deadened about Imaifan acre, e-on-urn-ted chin-nde-n-mn-in-se, vol-i, an-md of n-n-a ef- and she-pt thsen-’e that n-iigimt, next morn- fect n-vine-n-ever” Itin -not made void- ing he- cut a tree for clap-boards, cut a able, hint, ipsofacto, a n-n-uiiity. doom’ in n-lie cabin, ann-cl went in quest of Another ground of’ defen-n-e-e Presents pn-’ovisions. He came back on time 251!- itself, un-mn-hen-’ time n-n-ct of 22d of Apm’ii, of May, split time clap-ban-ads, cove-red 1794, no wan-ran-st she-U issue n-n-fttn-m’ time inthe cabin-i, and slept again time-re. On 15dm Jtn-n-ie tin-en next fan’ amy lands in-i time sn-ne-ce-ce-flog day hue returned to ~ time new pure-base, except in favn-iur of’ sewage; and n-n-n the 2d of Ion-n-c, he pen-n-nuns claiming n-ire se-rune by vim-n-ne of’ -wn-rked three days on tln-e lands in con- sn-n-me settlement and inmpn-’n-svemmn-ent. Timi’s troversy, e-iean-’ing about half an acre, law in-non-to be defee-ted by implication; by grubbing, tophn-ing, heaping anclbus’n-s. and considering its provisions n-ms sn-mb. in-mg brush- wood, n-n-n-md slept then-’e during sistin-mg, In-in-n evident tlmat n-lie in-n-sn-cut of tin-at period, In the- month following Ime- the plaintiff’ simon-n-Id in-ave rae-dc a settle- again won-ken-h on time iann-i, and cun- hogs, ment ann-h improvement, befou’e in-Is wan-’- poles and brun-Is, ‘n-n-n- on-’tler to sow s’ye, run-mt could regrn-han-’ly arid legally istnrne. an-md pin-inn-ted two qn-n-am’ts of potatoes, Be-sides, time last clamnse in time un-ct ~euue Gin-n-n-n-cay crossed the Olmim,, in tine provides, n-~tin-at no warn-ants, except hatter end of May, 1797; anne-me-cl into tIn-ose- whem’e-in tin-c land in- ln-sriicn-n-iar’Iy ams agn-’eement witim Hn-ymn-cken-’, an-nd n-sow descn-ibmn-d, sismull affect tine- tithe, on’ cin-n-im cultivates the land, of any pun-rn-on, having made an actn-n-al Por defendants, it was contended, improvement, before sue-in- wan-ran-nt n-s that the piaiumtifl”s wal’m’ant was not n-un- enten’cn-larid sun-~veyechin tine deputy-sn-n-n-- -tlnnn-”n-zed by tIne actn-n of 3d of April, 1792, or 9th of Mane-In-, 1796, or any veynir’s books.” Time wön-’d “settle-. other law. Rn-n-nun-in-mg warrants are not nn-uermt,”is cumitte-d. A.dmin-tmn-ug that none recognized by the act of 3d of Arrih, hut actn-ual settiemcn-n-rn- are protected by 179~. 1 hey earmnot cu-rateas notice time act of3d of April, 1792, still as to according to the word, of’ n-he 4th see-- wan-’n-’n-n-nts issued and located after tire tn-on, “in order that all persons who 15th of June-, 1794, tln-ey sin-all imot taite ‘may apply for lands, may be duly in- pin-n-ce at mere improvements. it cannot be den-sle-ti, that if the ple-i-n-n-tiff’$ - ~4~5

wan-rant is legal, and describes no cer- Bin-n- in-has been objected, that time 1~’s4. tain place, an-id Stevens in-ad begmn-n an-n ~varn’antof-Henry ,2lfeade is indescriptive improvement for Glaucey, in-Is sn-tn-p soun, of’ an-my particular place, amid wants pre-- wimu may be considered as onme of’ his cisions. It is answered, time-n- it is’ re-.~ famiLy, amid had sleptat least- live muigints due-en-I to certainty by time survey. Time- on n-In-c Ian-md, conseqtnerstly time plain-stiff effect of tin-c loose wording time-re-of, is not inn-Stied to recover. rn-imght In-ave been, that if a subseqmment - - By time Court. Seveu’ah exception-us, warrant in-n-n-n-I con-n-se to time- han-md’s of the piaiusn-hle in themselves, hn-n-vmn-sg been-n- d’put) -‘mun-’m eyor, specially describing n-n-. - taken-u against time plain-stiff’s righmt, it be- pun-rn-len-n-lam spot between n-rn-c on-mn-let of comes the duty of time- dun-n-un-n- to exaumnmn-se little Con-mean-ct in-ike amid San-n-dy creek, be-. Un-en-n-, minutely. Tine public am’e mate- fom’e a survey had been-i made on-s thus ~iaiiy interested in n-lie estubiishtn-sent of in-idetermimmn-n-te n-vuin-n-’an-st, it would have - ce-un-Sn-n prn-nciples reguln-itn-rmg tIme tutles been postponed tine-re-by. As to tine of landed property; on-mn-lie correct ap. sinn’vey not hn-m.vimn-g been-i n-’e,turn-me-d, it was puce-n-jon-i of tmn-ose priumcipies to tin-a dif, time fault of time n-Iistn-’ict surveyor, who f~remn-t case’s which may occn-n-r, tin-e han-i receIved his lcgai fees, - un-nd shall , - peace an-sd safety of society mn-n-st de- n-sot pre-jrmn-hice time jn-n-mn’ty, in-s any other ‘. pen-id. case tin-arm tin-at of a elm/fledapplication-i or The act of 9mb of Mare-in-, 1796, “to ‘warn-ann-n-, Sn-n-cit lie-re been our umuifom’nn-- compen-n-san-e DavId Mtan-1e and others” decisions. Even’y pn-’esunmpt’n-on is ‘in was gron-n-nnn-ied on-i their conf’om’mity to fin-roar n-n-f a draft of survey, duly certi- time provisions of the lan-v passed on the fied by time propeu’officer. In-is pn-nn-ve-r- 28th ofMare-In, 1787. “Tlncy luad pci’- fin-h evidence tisat a survey was fmiirly, formed on the-jr part, all the requisite’s regin-lan-’iy, un-nd iegally made, un-sless it be niece-san-try to time-jr obtain-sin-mg tIme be-ne- n-’ebun-ted by on-in-en-’ proof. Time securty fits oftime- said law, and it was but just, of he-n-in-led titles n-’csts greatly on timis that time peu’sons cornpi~’mn-n-g with- tin-c rule, an-md it would be dangerous in-i the terms of time- he-w aforesaid, ~vhn-lletin-c ‘exn-renme to shake it. No testirnoni~In-as law we-s in existence, sin-ould be inititled bee-n n-n-ddn-n-ce-d to simew tinat time survey to time beumefits of tine same-.” By time- was not made by tin-c deputy.surveyon-’ 9th- section-n- of time former law, time going on the- ground, an-md tlierefi.n-re- them

claimaumts under Fenn-ucylvan-mia m’ighn-ts pm’estmmption stands in its favour. ,.~ - ‘n-~em’eto be allowed an e-qmuivalen-mn- for Much- me-Ban-me-c he-s bee-n plae-en-I on th~irclaims, e-itiser in-i tine old or new the last e-le-in-n-e- of the- lan-v of 22d of piurdkn-ase, at their option; and, “wan-’- April, 1794. It is certainly penn-n-ed very ramuts~~nsdpatents, un-nd all n-n-tIn-er acts n-if inn-’om’rectly. It might at first be sup- the pu@lic ofiice-s relatingtmn-en-’eto, wen’e posed to imply, that warrants pun-n-tie-a- -to be \pen-fimrrned. free of cxpen-mse.” lariy descriptive wnigist affect time equi- Posse-sn-In-ed of time-n-c nmtn-s’etsu’imius claims, table- cl-n-in-ms ofpn-’evi on-n-sben-n-a fide i-unprov- they am~ahl,w~dby tIn-c law n-n-f 9th of’ en-s of the sn-n-me in-mn-mds ; but it n-wilt M’au’cmn-,L1796, to have- a cren-lit in time se-un-re-ely be- conten-mde-d, that tin-is con-rid bmn-k’s oV time Rcceimen--Geimerul,-fot time have bee-n time real intention-i of the iegis. sn-n-mn-msjqn-stly f’ounncI dunn-’ to then-mm, “e-itln-~n- he-tore, cormsiden-’mn-n-g tine djffin-n-’e-nmt ex- untaki~igout n-men-ui nsarran-mts’, 1mm an-pm pact pressions of time- public will in a variety ef :1w ktatc, wmn-er’e- vacant lann-l might be of n-n-ct’s, sluice tin-c revointion. In the-n- f~,n-mmn-~t,or pun-yin-mg n-n-m’ueau’n-uges on-n- fon’rner pn-’ecediin-g part ofthe section-n, the words - gn-’uy4ts.” To et}’ectn-n-an-e tine declam’ed se:tlen-accmt‘sn-md impraven-n-n-en-ut, seem ran-n-ked n-nn-entionn-s of tin-u legislature, and pre- as symmonymous expressions, tinough tine- serve tin-c stipn-miun-ted pin-bile- ibith inn-vio- lmn-ttem’ word only is Inn-cn-n-en-Iin time chose late, tIme-se persons nm-n-st nem’esun-an-iiy be of time law. In fact, an impn-’ovemen-ut, ~ntn-tiecl to n-mew was-run-its, notwithustan~l— as n-he-fined by time ce-n-of30th of Dee-em- n-ngn-he ge-un-crud expressions, in-s the fan-m- ber, 1786, in-a’s time same men-n-fling as an-i en-’ acts of 22d oh’ April, 1794, n-mr its snip- pie-men-mt of 2~dof’ September, 1794, actual settlement tinder time- act of 3d of wimen~ethe- lan-md’s wen-’e n-mn-nt pm’evion-stv April, 1792, except that time- latter points nut precisely the exent of it, by inn-nproved. No certificates ofjun-lges, or clan-n-ring two acres for eacis 100, erect- 3ustuces, were imecessaa’y ins the case of mug a mesn-uage, and re-skiing time-re-on on-in-er e-mtmzcmn-s applynng fist’ was’i’n-n-n-sts for five yeas’s, Tise former law describes ian-md’s non-tim and west of tine riven’s 0/n-jo ann-I 41kg/way, rind Csn-sewan-in-~ocreek, an-md an immspmmn-vement “as an-i ce-tn-mn-n-i person:ml resin-len-mt ‘settle-me-nt, n-vithn- a manifest. in-i- time-re-fore were not to be exacted from ton-stion of mn-n-king it a place of abode-, tin-ms class ofpubtuc ci’en-in-toi’q. but eve-m’y ann-cl con-sn-in-mn-med fromsi time to time, In-c.” corn-din-n-on-n- of n-mpn-’ove-n-umemn-t, huildinn-g a We are howe-yen-’ of opin-sion-m, than- if a bourn-c, amid five- yean-’s n-’e-sin-lene-e, and domn-bt could be stnpposed to arise under • eve-my otimcr regin-lation, were equally time expressions of the act ofthe- 22n-l of bmn-mmt’nm~on-i time-rn n-n-s on-hue-rn-, April, 1794, they are remnom’ed by the I ~n-’84. stipple-me-nt time-mete, pan-’s~dat time n-mcxt the act of 3d of’ April, 1792, are n~t ~ session-n-s, on time 22n-l ot’ Septembei’, sin-ewn by the plaintiff to hmave been wlmicls, in severe-i instances, alter’s and complied win-lu. Tin-c patent since the supen-sede-n- tine provisions of time fist ejectnme-nt bn-’ougIut cannotdispense- with act, an-n-ti secures ,vcttlcin-n-cn-n-te ann-iimprove- the condition’s originally imposed, n-soc men-its n-ne-dc uun-de-t’ tIme- law passed 3d of Isave any effect. It was founded omm April, 1792. mistake an-mn-I misapprelne-musion of the How time-n ste-nd the pretensions of law, an-md is time-re-tore void. 1 Black. eithcn-’ of time- defenn-1~nts? Thomn-ghn- Eay- Con-n, 248. It was decided by time jus- - s,n-nakcn-’ han-I a survey mn-n-dc for hire-, inc trees of tin-i’s con-n-n-t here in Octcn-ben-’, In-ad no settle-n-ne-nt whereon to ground 1800, between Men-ide’, lessee and Hay~ it; n-n-mid there-fon-’e it is a mere nullity, maker, tin-at time conditions of actualset- n-n-n-md give-s n-so rigint wmn-atevem’.—Stcven-n-s tle-me-nt and n-’esidence are equn-illy obli- began-u to make what is sty1~clan n-rn- ge-tory under the warrants obtained by pn-’ovenn-ent, tin-re-c day’s befom’e tine plain- M’eade, a’s urn-den- on-lien-s. Though time tiff’s wan-runt was emn-tered win-In- time plan-n-mn-ill’ chain-n’s under a credit given to district ‘sum’veyor, bun- he in-ad. an ce-- David Mcad~by tine act of 9tls Mare-In-, tn-n-al settlement two an-md an Inaif miles 1796; yet tin-at law only removed the - di’stun-nt, wise-re-on Ire resided, and which mrnhme-dimei~ta’s to In-i’s wsn-’ramin-s, created hue n-sow In-old’s n-ms an actn-nai settler. by the acts of 22d of April ann-cl 22n-I of lie could not have two resident settle-- Se-pt’s’, 1794, and operated as a virtual me-mit’s, two In-omee at the- ‘sum~moment. repeal of thoae acts, a’s to time necessity If me could ‘secure time- tin-he of more of previous improvements to sue-li war- than one- pie-ce by ae-tn-nal settlement, rant’s. On the 14th of Mare-In-, 1796, ‘weal-my men might n-ho tine ‘same thing tine Bun-n-rd n-n-f Property eattmn-mted the to any extemit, and time poor wotn-ld be- lands of ,si1’eade at £. 1392, amid by tine tin-us prn-n-n-’en-n-ted- from all me-an’s of ob- act of time 9n-h of thesame month, he taining hand, which could never in-ave obtained a credit for tine- same- in-n-the been intended. book’s of the Re-ceive-r.Genei’al, ‘which Clan-icy cams derive no claim under rnighmt he- ti’ansfen-’red toany person, and ~itlmcr Haymnaker or Stevens, lie him- passed a’s credit, e-’stlmer in-s taking out self did n-ion- cross -time- Olujo, until the new warm’ants in any pan-’t of n-hue state, latter en-md of 1797, mime-re than nine wimere- vacant lan-sd might be- found, or months after tIme sun-’vey. paying as’u’en-n-’ages of fon-’n-iier gre-nuts. On-n- time whole, time-re-fore, time n-esnilt The law passed time hon-mn-c of repn’esen- is, timat the plaintiff’ In-as the only right tatn-ve’s, obhigmn-ug luim to pay £. 30 pee I’e-cognized by time law, and we are ln-undn-’ed acre’s, accon-’ding to time provm. clearly of opinion he is entitle-cl to re- ‘sion’s of the 6th ‘section of the act of cover. Vem’dn-ct for time i>Iaintiff 21st Dee-’r, 1784, for anne-h new war- In tine- Lessee of ~o/n-n-n-Wilkina, jon. n-’ann~s a’s hue un-on-n-Id obtain bunt It n-’e- v. ,‘Jolmn Allen-n-ton-n-, at Alleg/meny, Novenm- ce-ire-cl eon-n-side-ruble amen-n-dee-emits in time ben-, 1801, before tin-c same judges, senate on time 27th of Fe-b’y an-md 5th- of (MSS. lIe-ports,) the pie-in-stiff chain-ned Man-’chm, 1796, apd wan-n fin-n-ally’ modified. nmnuder a we-rn-ant in in-is own nan-ne- for and enacted as we find it in our ‘statn-n-te 400 acres oh’ land, nom’thn- and west, &e-. book. It will i-n-on- be preten-ided, that it’ on Frenmcis creek, adjoining a survey in-c In-ad received In-is money, me cou4d made for on-se Baum, and inducing time In-ave fun-tin-er claims against the ‘state; claim formerly of~oln-nWecutwortIn-, agree- and the iegi’siattn-re coin-Id n-mon-mean, thuat ably to time act’s of assembly of 3d of tin-c ‘sun-n passed to hi’s cn-’e-dit, sue-old be .April, 1792, ann-I of the- 9th of Mare-In, mon-’e vamn-n-uible than the ‘same gum in 1796, dated 18th- of Mare-Is, 1796, n-e. cash, in time in-and’s of otimen-’ pen-’sonmn-; or citing tIn-at lue n-va’s desirous to se-tn-le tin-at ,llfcade, an-md n-lion-c claims-n-in-mg urn-dee e-nd improve time ‘se-in-i four hundred mn-im, sin-on-n-id, experience time benefit of acres. A survey of 373 acres, 102 tin-c dimniisut’n-on of price in the lands, perches, we-s made by ~ Passer, on the an-md not be subjected to tine terms of 20th of Sept’r, 1797, it being tin-c se-me ce-n-mn-al settle-me-nt, eqtmaliy ‘with other tre-ct while-in- was surveyed to ~o1un-uWent- citize-n’s. The s’ate of’ he-ntis acrosstime n-n-.’ortlu, on time 27tiu of Me-s-elm, 1794, on rim-er’s Ohio an-mn-I 4lkglmeny was he-n-n-sen-n-ed, in-i’s improvement, dated 3d of April, to enable- time isolde-ms of’ the-rn to miuak~ 1792. A In-ate-nt issued tisen-’eoni, n-late-cl e-flicienmn- ‘settlement’s; ann-i tin-is was the 17th of Jn-miy, 1801, to Wilkins, winch gu’eatobject contemplated in tine law of ‘we-s acm’s-ted by time clefe-n-mdan-it’s coon-u. 3d of April, 1792. It was cahcun-lated. ‘se-I to be re-ad, tin-on-n-gin- time chemise was n-n-s a conmplete ‘system of settlemiment, laid tIme 1st of 1?ebn-y, 1799, and tine win-lain- would of itself be carried n-nt’) eJe-cn-ment broin-ghn-t to June- term, 1800. execution-i. Time word’s of time 9tim sec- Time defendant’s counsel moved fan’ a tion are, “ In-n- defect of ‘sn-me-is un-ctn-n-sl ‘set. n-mon-mn-uk. Time tetn-n’s of ne-tn-re-i ‘settle. tiemn-~ntand n-’esiliemsce, it sue-h and me-y n-~meumtprescribed by tin-c 9th section of be lawfnn-l to amidfor timis common-iweattln-, t’o isBn-ic ne~ wai’rant’s to other actual ‘with tin-em— cash in in-and 1 Tine act of 1784~. seuler., for the said lands, ~ an-md of 28th of Me-rain-, 1787, gre-n-mt’s an-s eqn-uiva- ~ the 10th section, tIs~ton tin-c an-in-un-n-I set. lent to tlme Penn-n-s)lvan-n-ia claimants either tEe-n -making delault, the- commomn-weudtLn- in-n- the n-n-kl oi~n-n-cw pure-he-se at their op.. may grant time ‘same- i~in-ds,or any pant n-ion; ann-i wamn-’ants and pate-n-nt’s, and all time-re-of, to oaler. by warn-ants. Time on-hei~act’s of tine public offices were to Vai’iationi of phraseology as to the two be perf’on-’medfree of’ expense. In-n- tin-ese classes of land hon-den-s was certain-sly ~uarn-icn-n-lare-alsu, they were put ins a bet- intention-n-al. Other actual settler. mean-i n-er situation tismus others applying foe pen-sons re-ally on-n- tine- ian-md’s, ann-h tine ex- land’s. We know non-in-in-mg on- the origi.. pn’essiomn-s can convey r.o on-lien- idea. nat bill in-i the lower ln-ousn-s, or of time- Tue entn-’y of sue-In- ‘settles’s, therefore, anucusnIments time-re-to intin-asen-mate, which on ‘sn-n-cit han-md’s, whei’eon-t default ha’s he-re bee-a men-n-tie-ned, an-id. which e-fter- been n-n-n-n-n-dc, is congeable; tin-c will of wards were enacted into a law on-n- time the- community is supreme, and in-un-s so 9th of Marcim, 1796, The court have din-ce-ted it. Warrant holders cannot .fldn-~ time joun’nsais 01’ eitmn-e-r house be-fun-re- pretend thatthey have mon-c equity than tin-em n-vine-n-eon-sthey can-s judge; but this n-nate-al ‘settlers: If tine latter abandon we do kn-uon-n-, in time lan-iguage of tine same the-in- settlements, tin-dr farms are open act, that time Fe,n-n:yjvazmja claimants to new applications; why ‘simon-n-Id it not “In-ad pen-torn-ned on time-in -pun-n-tshin-he be so atao in time eases of the- former i requisites necessary to tIme-h’ obtn-n-inmn-ug - a bun-~e on-’ qualified fee must be-den-en-- the be-ne-fits of’ttte said. law; audit we-s mined, wine-un-even- time qualification an- butju’st n-In-at tin-c persons compiying with n-n-excd to it is at an end, 2 Black, Corn. time ten-ms of tin-c law n-n-lie it w:us iii 109. TIn-en-e- i’s a distinctiofi between-i a ‘ existence, shun-mid be entitled to time be- con-n-ditto’s in deed, an-id n-n1i~n-jtn-n-tjomu.Win-en-n- ne-fits of thesame-.” The legislature the estate is so expn-’es’sly conI’sned by mn-n-n-d m:n-de a solemn engagement with time words of i~screation-u, that it cannot the, person-s’s who had thus ‘surrendered endure fun-’ un-n-my longer time than till the the-n-n-’ pretensuon-n-s fun’ tine public peace; contingency hun-in-pun-n-ma, upon which the an-md the e-on-nniun-mity we-re- bound by their can-ate n-s to fail, tin-is is a limitation; un-nd ae-t’s’ss moral age-rn-tn-. We like-wl’se fin-mn-i the estate may be defeated n-lucre-by, that grants were made to the Washing- win-in-out n-n-ny entry oi’ claim to avoid it. ton-u and Pittsburg academies, exempn-ed lb. 155. Time estate in-eec, is at the Ut- from settle-men-st. Why ‘shouidn-motMecde most n-u chattel in-n-te-n-’est, ‘which tern-n-n-i. and. those claiming uudcr In-tom, have tIn-n-n- n-n-ated on time default of the warrantee, same indun-igemuce 1 lb. 156. TImewun-rl’an-it is datedin Marcim, The ‘sentiment’s of time con-un-n- on the. 1796, an-md no settlement has been-s slsewn subject of ‘settle-mime-nt on Me-ale’s s’igin-ts under it bet’ore n-lie ejeetmemit was we-me dehive-n-edn-n-muter in-n-the- case of Hay- biought to June, 1800, more than four make-n-’: time pain-mt was not argued, non, year’s, thoingin- it n-h-n-ui-I lie-re been made was the qtuestinn-mi directly befou’c tine in-s two yeats. On-i a condition precede-:., con-un-t, in-md is tln-cre~orcopen to discus- the party isa’s no estate- until time conth- sion. If time two lawn- of 1794, In-ad not tie-n be pectin-rimmed, even if n-he condi- passe-n-I, Meacle nmigin-t In-aveobte-ined re-- tie-ui isa’s bee-on-n-se impossible-. lb. 157. can-mt in-n-ntis any win-crc witimin time- state. 2 Dallas, 317, Co. Lit. 206, b. On a WIn-at we insist on, is, tin-attin-c law of mn-maatuon-n-, tine- estate determines ipso 9th of Mane-h, 1796, was meant a’s an-i facto, win-in-out eistn-’y. Co. Lit. 214, b. honest fulfilment of time public p11gm-ted Moreover time argument n-th in-me-n-me-en-ni- fain-hi by time act of28tln- of’ Me-n-eli, 1787, es-tn- rq”plie’s fon-’cubly in tIme pm’e’senut in.. tumf’cttem’n,d by tine ten-’un’s of’ ‘settlement, stan-se-n-, Unless actual settle-n-’sn-n-re en- or an-my on-In-en-’ con-n-din-ion-i’s win-an-ever, un- Couu’a~en-1 to ‘seat thmcn-nsetve’s on time kn-iown-n- n-ut tin-at time. lands of defaulting wat’ran-tees, time- in- hut it bin-n-s been-i ‘sn-n-id, moreover, that ten-n-tn-on-n-s of time iegisiatn-nre as to forming time wan-re-mn-tee neve-n’ Isan-1 nn-on-’e than a seltien-nenis by way of barriers to the cln-n-n-tteh mute-me-sn-, ann-i s’iglnt of’ en-n-tn-v in-i froun-tiers will be defeated these mum-man-, thon-mghn- me ha’s paud tine full The pinuntmff’s counsel observed, tlin-n-t crun’sid-n-’untion to the- stat’e, An-id it in- they had n-n- in-s tin-dr powerto pn-’ove a am~umeda’s a gn-’ound of an-gun-ne-nt, tin-at setthn--’memnt un-n-den- tine In-mw, but deemed- ttne- ~-n-n-tatC,‘sue-lu as it ‘-va’s, detem’n-iiinel~n- ut n-non-n-ce-en-n-an-y. Time plaintiff was cnn-i. ipso,/:cto, by its limitation.—Tisis l’s de- tle-d to a ti’aui’sferred credit un-n-n-her David rued, n-sot on-sly on-n- the express word’s of’ life-ode; it was n-en-on-n-ed in hi’s eject. time In-nw, which prescm’ibe-s a certain mime-nt n-n-ge-inn-st Han-maker, tin-at lie -might tn-mn-ude ofi’s’nn-ning new wan-rn-n-nt’s, vae-at’n-ung take ouc a w:url’an-mt without any previ- - tIn-c’ os’iginun-nl wan-ran-mt’s, bunt on tIne anon-n-s mnnprove-men-n-t, a term binding on-s thmmm’ity of’ the decision of i-his con-n-rn-, inn- otluan-~‘~n-tmzen-n-n-. Was in-e- non- n-lien-n- eon-i- 211’ijrri.n-’sbesse-e- v~Neiglmma,u e-nd She in-n-er, 1e~’se4lyn-n a better pugh-n- tin-mn- othei’s in May, 17~9. Tin-,e wn-wn-’an-mtee- by pay- 248

1784. mnent of isis money and receiving p0’s- words of time- gun- section of time un-ct of’ session of the lan-nd, tn-inn-nun-in’s arm estate 3d of April, 1792, in default of settle- ~ on ce-n-un-b conditions; an-nd to take- ad- ment and m’e’sidcnce, ti’e con-nn-mmonweaith van-n-tn-ge of a condition broken, the-re may issue n-mew warn-n-n-nuts to otmn-er an-’- in-un-n-n-n- be an-ae-tuai entry, a stranger can-i- tn-n-al settlers fbr tIne ‘said han-md’s, he-. arid. n-sot enter, but only tn-me grantor or hu’s that time-se expr’es’sions impLy a i’igln-t to heirs. nettle on ‘sue-in- lands whereon n-he-tan-n-ithue-s It lie-s also been objected, timat there been moe-dc, previous to ‘sue-hi n-sew war- in- a dilb’eremsce of expu’es’sion in the 9th rants having been issued. But will n-not ann 10th section’s of’ the act of Sit of tln-e n-mn-ten-n-tin-ri of tin-c legislature be ben-- April, 1792, an-to vacating the- mite-re-n-n-s ten -fmnifihied,and n-n-li n-In-c word’s of’ time of wan-n-’n-n-n-n-tee’s and actual settlers. It e-laue-e receive the-in-’ full opemn-mtinmn, by will be clearly f’n-,unn-h, that time- former an-n-mn-sn-timing attn-n-al n-etClen-’n-, to men-n-n n-n-n-her ‘section equally respect’s both, wheu’e in-em son’s cs/jo are desirous tn-n-settle and in-n-n-- defaults lie-re been-n- made as to ‘sen-the- prove •:lme ie-n-sd’s ? If’ timey n-mn-tn-st of niece-s- n-mn-emits; amid time-n- the lan-ten-’ section i’s an-ny he construed to mean persons n-lute- n-ne-rely canflne-d to the instan-ncn-n-s of se-- cn-n-ltivat:ng the he-n-sd, time-n n-n-one but n-mn-cit tue-I settlen-’s not, taking out tineir n-ne-r- cnn-ar-me-tern- n-noun-id be ‘intin--led to race-tin-mg n-ant’s within-u tcn~yee-n-’safter passing time wam’rann-t’s, inn- exclusion of tin-c re-st of act. Admit an entire equn-uhiry ofe-quunty, nnaokin-id, lmowes’em’ desirous an-md ready be-n-wee-n tine two classes ofin-n-mn-d holders, to make sen-theme-n-mt’s. Ben-ides, it we (hon-n-gb n-hue- wamran-stees inane paid tin-cur reg.~rdtine gre-mn-n-mn-n-tie-al con-m’strn-rction, money into the coffer’s of the sn-ate; an-md adopt the- sense in-n-sin-ted on by n-the why, inn-he reason and natureof thmmn-ng’s, defenn-bn-n-st”s cn-mn-.n-nm’sei, then timosmu won-din sin-odd entI’ie-um on the land, withn-,ut an-n-- mn-n-st be tn-n-ken as n-’ef’crring to n-tue-in- ac- thurity, be allowed in n-he case of war- tual reside-in-ce an-md se-tn-lenin-emit, nn-men-stin-n-n-n-ed rantee’s, ann-I not an-to the- settlers? Time two inn-n-es be-fin-re, compreine-ndmn-mg fe-n-sc.. advocates of the- pretensions ofthe hating, clearing, ann-im.ivin-ting, &c. en-eating ter, will not contend, tisat in default of tine- me-sn-un-ge, &c. an-md resin-Un-mg tine-n-eon tine- full, complete- ‘settlement n-n-nd re-si- five- years. Nerther of (lien-c con’stm’n-ue-- de-n-n-ce pointed out by the law, one actin-n-n’s, it i’s presumed, will be contended tual settler mn-iy dispossess anothen- of foi’; time fin-st oppose’s eve-ny grourmd of Isis farm, on pretence of time- interest of that just eqn-uality, wln-icln- ouglnt to in-n-e-- time- hatter being detem’n-n-iine-d by it’s limi- vail amongst time cltize-n-n-s of n-n- fi’ee go- tation-i; ann-i that time e-nstry of tin-c he-tie-r yen-rime-nt; the last in-n- file n-Ic n-c of the ig congeable I Sn-main- a doqtrin-se would objectensdeavourcd to be- acaorrmpiisised, produce infinitedisorder ann-i. confusion. and in-n- n-noi’covev repugnant to tln-e n-n-n-b- If inaon-n-yenien-mce’s n-n-me to be rc~n-n-rded ‘seque-mn-t words, ammd so often a. defaults in-n- n-lie exposition of Un-c law, it will ce-n-- n-In-all In-n-n- made fur time ti-n-nc, n--mn-md in-u n-he tn-duly be ne-ce-sn-any to adopt tine s’uhe, mn-tanner qforescn-id, Sn-c. wlnielm pu’esin-~n-pose thme-t sonic pun-n-lie- atitlmn-urity should deter- defe-ult’s in-i n-mew gu’ants. TIn-c fran-ncr’s mine between the corn-n-an-n-ding parties; of time law win-el) imn-ten-n-ded, in ordem’ to tin-atthey shun-n-Id not be pei’mitted to guard against confnsslon, dison-’dm~r~sd jn-ndgc and dee-ide- on timeir immdividue-h uncertainty, that time constituted pn-ublia .~hn-n-in-msn-, an-sd carve- on-mt their seven-’al authorities ofthe n-tate, by the medin-sm remedies at their will ann-I piemu’suu’e. of’ time- Land-Office, ‘shn-n-uld determine No one- can doubt thmn-t the peace inn-id respecting the defan-ult’s alleged tu have welfare oftime- community are intimately been committed by time fln’st warn-’antee’s, in-n-te-n-’e’stecI herein. The opinion delivered by thin- eonum’t in .13, the Court, We expressed our ~jn-~’orn-~jn-’,n-lessee’,’, We/gin-man an-md She-in-n-cr, opmmn-iomis in-n-ciden-utally in Me-ade’s len-n-see n-. was consonant tlmen’eto, ann-I wan- de-- Zn-~aymake-r,tIn-at aetn-n-e-I settlement’s were liven-ed in direct terms, thrut no indivi- requisite, in the- case qf warrant’s issued duals could te-kc ridvn-untnge- rf n-hue under n-hue act of Mn-re-li, 1796. Tine bread- of n-hue- con-n-n-hition, rn-mile-sn- thmn-’otn-gh in-re-sent question was not immediately the mmmstrn-smentahity of the en-n-mn-n-mn-n-mn-— before the court, bunt tine case- naturally weaLth’n- offleen-’s, in)’ g’m’antirmg n-mew n-var- led to it We use-an not, however, now rants in a specified form. Tluis wa’s to give any decided opimnuon on tin-at likewise- recognized by time nmn-ijority of pUn-n-n-, as we are not possessed of the tIme judges in tine bite contested case of n-n-minutes of time isou’se of’ repn-’esenta- time snan-n-damin-: between-s tin-c .Efollan-n-d tive’s, or of the- ‘sen-late, which havebeen hun-nd cn-mnnpn-unmy ann-h Ten-me-/u Coxe, n-iso ‘se— se-fern-ed to inn- the- argument. cn-’etary of’ tine- Land-Office We see no Admitting that time conditions of ac- n-’eason at pn-’esennt to tee-en-he- fn’om the tual settlemnenn-t are obligatory on thn-e opinion win-ichs we In-ave delibere-teLy wn-n-m’n-’arn’s l’ssn-iecl un-n-n-n-hen, n-In-at act to David formed; but are ‘still open to conviction. M’eade, and othen-’s claiming e- credIt We feel an-sn-i knun-w, tin-at the pun-inn- re- un-n-n-her him, in-in-n- con-n-tendedn- that by the quires to be finally sen-n-lcd, and tin-at time-n- ~4g -

~~ee e-tsd saFety of the coun-stry are in- actually se-tn-len-I and inn-proven-I priot~to t1s~ 1784 vn-Ived in n-un early and n-ssatuu’e decision, date of the entry of sue-h warrant ~vitin-the- “tVe thern-’fos’e invite tin-c tie-fe-mn-In-nt’s deputy-surveyor oftime district, except for counsel to take a bill of exceptuons, move the- own-n-er of sue-li settlement and improve. for a n-iew trial, on-toconsider tine- qaestn-on me-mn-tn- can-n- only mean lands settled n-n-nd as a pour-n- reserved for further disuinssion-m. improved after passing of the act, In-u time ole-an while, the nmotion fon -an-sun- By the Cburt. The present case in- suit is denied. n-en-en-n-s our feelings; bun-n- we on-n-n-sn- endea- Time defendant’s counsel time-n offered to vour to fin-sd on-un- the tn-tue meaning of time n-hew in evide.cc’n- tin-at Will/an-n-n- Gzegg an-sd law, zn-nd adhere- lo it dimly, The gram. ,~fo/.n-nGregg, vo brothers, seated the-nm— mime-n-ice-I con-n-n-n-run-tie-n ofthe- act is clear, ann-i selves down on Fre-nclu cre-e-k, in thin-s puts all time In-Lop!e of time country on an qinmurn-er of the country in-i the ye-ar 1789, equal focnuin-n-g. The words of thee-ct an-c They coutin-uined there that sn-n-mn-tier, an-md in the fin-tn-n-re tense; aid the preamble ci’ each designated foe- hiimueif a tract of time act offering encon-nrageme-nt to n-en-n-n-al land, n-opposed to contain 400 acres; settien-s, must n-man-un-ally refer to n-lmose who lion-n-u’s claim was up French en-ce-a, e-md shall ‘settle, an-un-I n-n-on- to those- n-vho had ~‘obn-m’sbelow it. A small ce-bin was bun-It tin-en-etcifote settled, We rn-re bound by on-n- William’s tj’act, wherein tlsey n--en-ide-ti. - the expressions; and, on-un- uniform de- They the-n return-med in-urn the- inhmabmn-n-ud e-n-n-ions havn-n- been-u, that proofs of settle- pacts of the con-n-usury, and ce-mn-s back in ment mmn-n-der n-isis lawn- simon-n-Id be con-n-fined time spring of1790, builtaisn-gtm’ boon-u on to se-n-den-sn-en-n-tn-n- mn-n-dc n-sfue-r it was passed. ,7o1nm’: tract, and raised 100 bushels of Bun- n-f tIn-c defenin-han-it’s coon-un-el are dusse-’. corn, amid 500 bun-he-is -f potatoes-on-s tIme tin-fled win-in- this opinion, we again inn-yin-e lands that sn-me-men- ~ohn-n-Gregg ran-n-n-med n-hens to punt in- in -a tie-in to go before to Sucquebannn-z n-he-t in-il, but his brother another tribunnal.’ WI/lion-n-n- cun-utin-ned to reside ins n-he larger It was n-lien-i agreed tin-at a verdict shun-mid cabin, n-isan- fail, an-md time- ensumn-mg winter; pass for the ple-intiffi An-md wise-n n-he ver- amid was killed by the Indian-us, on-n- the dict mv’s’s pronounced, n-he plaintiff agreed le-n-ds, ‘n-rn- the sprmn-ng of 1791. The tie-fan.. to convey onue- moiety of the lands in ques. dant al’n-trwards intern-n-se-rn-led win-in- the tn-un-i, to time nOn-n-on-’ children of n-he said - widow of (VaIl/an-mr Gregg, and holds tin-c William Gaegg. lan-mds in comutrov~-rn-yin-n In-mn- rn-gist, amid tn-nm— Aga.n: Un-s the 19th of February, tier William M’Ada-n-n-jn-, the guardian of 1801, an act was passed, (chapter 2174,) her n-ffin-n-or chn-ikirein. entitled, “An act for tIte n-thiefof Fe-tn-tn-’ Thus ev~de-mn-ce wa’s opposed by the Wthiff ,~n-U,mathan .Boya’d Smith, and plan-un-hf’s coun-n-sen-, on-n tiue ground of in-s otln-en-s,” wIn-ich recited that those gentle- smot provin-ug a settle-n-n-mt recogn-sized by men an-sd on-In-er’s In-ad received pan-edt’s from time law. By seen-morn sixth, of time- law on- tIne commonwealth, for certain tract’s of 12n-h of March-, 1783, no improvement, le-nd, in-i pursuance bE s(n-rvCy’s n-n-made before office sight, or chains, un-n-den- an-my Indian-s time non-tim n-n-ne- of the state- vie-s ascer- n-man-ions, or n-lie late prcprietan-n-es, within-n tain-n-ed; an-md tin-at the-se iands had fallen - - the ian-nd’s apin-roprin-ited for the redemption-n- within time- state of .Wew4b,’k it n-here. ~ of the- dein-rn-scjation-s certificate’s, or done-- fore enacted, that on thebn-’ application, time — n-ion-n-s to n-he oflicers and soldiers in-i the Board of Property should ascertain the continen-n-n-aI army, shall be valid, bn-n-t the e-mount of payment made by them for san-sn-c shad be in-n-n-il an-md void to all intents sue-In- lan-n-ds, and ‘should certify the same to — and pun-pun-es win-n-tn-never Ante, page 64, time- Rec.eiver.Generai, who was thereupon 13y n-he second Section mn-f n-he act of 1st of to deliver certificates to tin-em, with in.. April, 1704, (ante,page 10~)time Land- Ce-rest from tIme- timeof payment, an-n-n-n- enter Olin-ce which was shut in-n- 1776, was first a credit, in-n- his book for time ‘se-me, win-be-h opejmen-j brom the 1st of July, 1784, for aught be tre-n-n-~ierredto n-ny person ann-i Obuumeuiun-g n-mew n-n-gist’s to land’s already pin-n-’- passed as credit, em-In-er in taking out new 1 ~ n-Ce-tn-u.nchased (ann-n-.Irons pa~ethe Immdiamn-’s;04)excepn-sandthetImede-pre8th- warrant’s an-i any p-art of the state, where land may be honrn-d, or in payment of ar- elation amid damn-an-tan lands, Tlue Sn-Ole- CX- rears f firmergran-.ts Certificate’s were Cepn-mon n-S agaun made by time act m..k 21st of accordingly n-n-sin-ed; an-md on- time 6n-ln- n--f Sep~ Dn-n-cen-nbcr, 1784. (poan en-n-n-pier 1111, § 6.) ten-miner, 1804, new -n-v~urn-ae-t’s were taken-n- The law 01 time 3d of Aprii, 17Y2 In-n-st out, sin-ti executed upu-n In-n-rn-ds in MAcaim gan-e a rn-gut cf Settle-re-n-n- to tin-e’se n-n-. d’s. con-mn-sty; which warrants In-ad be-u.n-n- regu. Time words of tIn-e second seCtion n-ri, ‘ -In-c larly trn-n-mi’sIn-rred tn-n- 7o;matban-m Sn-n-n-in-h. Tin-c lann-Is n-n-rn-li an-n-n-i we-n-i un-n- time n--ye-rn- Ohio slurveys were me-turned ann-n- accepn-ed ; bin-t an-md 41/egheny and C’on-n-cwan-n-go cn-eelsn- are at tIme time time warrants were executed, ln-en’~by- n-en-en-i hr sale to pen-un-un-mn-n- who tn-n-ill cultivate, nmprn- ye, armd mettle the same; amid n-nun- to thepresent tn-mn-n-, n-n- setn-le-mn-’eun-n-. and the Sn-h ‘seen-non, wimich directs, tIm-mt in-an-f been me-dc nun- gn-’an-n raised, or dci the deptity.an-n-rveyun- n-in-all n-n-ut survey tine any personi run-toe, man- n-In-c lan-id’s on-n- which, they were la-U ; and there-tore- n-lie olrmcera lana’s on-n- w.~rn-e-nts,tin-at in-n-a,n-n- hn-n-t,e- lute-n-n- ofthe Le-miti.Of%cmn- n-cftrccct tn-n-

VOL. IL ~2I 250

1784. TIn-is gave m~’iseto time case ofthe corn- an-my on-her e-on-satLn-ctionn, non-n-Id tn-u.n -to n-n-n-zon’wealt/a V. Ce-c/n-ran, in tln-e- supreme deprive the- persons inten-idedto be con-n-n-- ~ court, 2 Binn-me-y, 270, which was a mo- pen-n-sated, of a veu’y material benefit; tion for a rnie upon time- defendant, time I mae-ni tine benefit of taking out war- secretary ol the Land.Ofllce, to ~hew rant’s for tin-emselves. Tln-ey would cause why a me-mn-n-lames sin-on-n-Id miot be have been-n- obliged to sell the-in- warn-ants awarded, commanding him to prepare to settlers, win-id- would in-ave very and deliver patent’s th ~onathan-n-Smn-th, much reduced their value, or to ‘speak for thelands so warranted and sun-’veyed. rn-more properly, t~n-eyn-iilgimt In-ave tn-’ans- - The objection unadeby the Attorney- fern-cd to settlers their e-ren-lin- on tln-e Ge-n-se-re-I was principally grounded on-i books of the- Receiver.General; but theact of 22d. of April, 1794, by win-se-h would in-ave had no rigin-n- to take out the Larn-cl.OfflCe was pn-ohibite-d from warrants themselves, unLess they en-- issuiin-g wan-rants for lands within time ther purcha’sed the right of ‘settlers, or anew pn-n-rchase, where- tin-en-c lands lay, ‘seated n-lie-mn-elves on the land intended “except in favouf of pei’sofls damn-n-mi-mg to be take-n-i n-np. Tin-is never could isave time same- by virtue- of some settle-me-nt been time- intent of an act, by which it and improvement being made- tin-en-eon.” was designed to an-alec aliberal compen- Ann-I the supple-me-nt to time-n- act, passed sation to persons who had paid morn-ey 22d of September, 1794, by win-be-li tin-c to time state through a mistake of mt’s office wa’s proln-’ubited fu’om n-’eceiving own officers. Tin-c compensation-s wits applications for n-n-ny lands win-in-in-n- n-lie Iibere-h, because it included interesttea commonwealth, except for such- in-inn-Is time time of ‘issuing tIn-e certificates. where-on a settlement had bee-n, or No interest was allowed on-n- tin-on-c ce-n-tn-. should be- thereafter made-, grain-i rais- ficates, bee-an-n-se it win-s ‘supposed tin-at ed, and a person or person-i’s residing time In-olden-s smmighit immediately use there-on, And as time warn-ants in-s this tlsen-n-n as can-In-, by taking on-an- new war- case we-re laid upon unsettled lamn-ds, rants. Time opinion-n- of tin-is coum’t i’s, they came- pn-e-scin-ely within the in-n-ten-- tin-at the act of l9tin- of February, 1801, diction of tin-osc iaws, ann-n-i were not operated as in- repeal of all fhrmer ae-tS, intitle-d to confirmation by patent. Tin-at reqtuis’ing a settlement jn-c’uion-n-a to the- time law of 1801, wa’s passed win-lie- time issuing of a wan--rant, so far as cone-en-n- interdiction was infull force; ann-I n-un- ed warrants to be- issued in favour on-’ -less in- operated as a re-peal ins a certain those persons who obtained credit in-n degree- of the- laws of 1794, time-re- was time books of time Receiver-Gen-sen-’ai n-n-i no ground for time motion; an-nd it was n-he mann-n-er above mentioned. ‘l’lmey pressed tin-at it did not operate as such time-re-fore allow the n-notion. Rule repeal. granted. Tilgin-man, C. J. delivered the opi- It is necessary~ however, fun-tin-er to an-ion of the court. The- objection to the notice, that by an act passed l’st cit pate-nt’s is foumn-den-I on tIme acts of 1794. April, 1805, entitled n-n- An act for time Time-se acts forbade time issuing of wan-’- speedy redemption of certain certifi- rants, or receiving application’s ftn-r cates therein mentioned,” (cisap. 2587,) lands on wimicin- no settlement an-md inn-- it in-n- enacted that it shall be optional pn-ovement had been made; and it l’s w’utin- tin-c In-olden-s of certain-n- certificate’s, contended, that a’s tln-e warrants in usually ce-lied n-n- Wyosn-n-ing credits,” is- question were- laid on un-n-settled land,, sued under “an-n- act to compen’sate their execution-n- was illegal, and ought .Da’n-n-id Mean-k’, n-md other’s,” passed PIts n-sot to be confirmed by pate-mats. It ap- of Mare-In-, 1796, as n-iso the in-older- of pears to us, that this objection-n- is dot those in-n-mn-n-ed n-n-ode-ran act, entitled1~ “An-n- we-IL founded, Upon a fair construction-n- e-ct for tin-C n-cue-f of .Pn-n-tcr ~f ’koJ&c.” of tin-n-n- act of 19th of Fe-In-rn-mary, 1801, passed 19dm of February, 1801, to re- the pen-soon- in-n- whose favour tin-at law ceive from time tre-asum’y tin-e amount of was made, mad a right to tam-c out war- n-n-in-i certificates, or any of n-lien-n, or to n-ann-s for their own use- for vacamn-t lands ap~n-iythem in taking out warrant’s for in any part of the- state; an-md tIuey lands, or in din-charge of an-re-an-ages on-a were to pay the- pm’ice, and comply with fbrmer gn-’mn-nmts; and time- warrantee who all the conditions inn-posed on-n- tine pn-n-r. n-mn-ny pay n-In-c -pure-in-n-n-sc mon-wy in certifi- cl-n-sen-s oflan-sd in-s than- pan-’t of the stan-b, cate’s of either description, shsahh be ac whem’c the- hands lay. If tlmey lay we-st liabIe~to the- payment of fe-en-n-, and tin-c of time Allegheny river, tiney would In-ave cn-n-ndin-ion-n-s of settlement andcultivation-i, to comply with- the term’s of ‘settle-n-ne-nt as is or may be requim’ed of those who and improvement required by law to pay time- pun-cue-n-c mommey in specie; and complete a title in tmn-’st quarter; but, no credit shall lie-re-after In-c n-n-howe-n-i tn-n- if ean-t of that river, nothing but time an-my pen’son paying for ian-n-ds win-in- tine usual price- in money was required. To credits afon-esaid, on accountofexponn-n-~S gtv~tin-c act of 19th of February, 1801, incurred inn- sun-ye-yin-mg or locating any 251 l~ands;an-my custom or usage to time con- of Property sin-all have powerto direct the 1 ~ trary notwithstanding. Receiver-Gene-re-i, on settlement of their The fees of tIme Land-Officers were said accounts on time se-id proprietary war- fixed by an act passed April 20th, 1795, rant’s or location-n-n-, to carry to their credit (chapter 1852.) But so nine-h of time-n- aet the amount of pun-else-se- money and in-n-- as related to the fee-s of n-lie Surveyor. tere-st paid by them, or those under win-on-n General, was repealed, and lii’s fees re- they claim, on time-jr said ne-n-v warrants. gulated by an act passed 8th of April, This act was to continue in-n- force for 1799, (chapter 2053.) An-md on-s time 29th three years, an-md n-o the en-nd of the mn-en-n-I of Mare-li, 1803, an-n- act was passed (cin-ap- session of the legislature. Br the 3d sec- sir 2359) entitled An act an-n-thom’izmn-n-g the tion ole-rn- n-n-ct passed ~6th Mamn-~la,1808, irn--cretary of time Land-Office, and the- At- (chapter 2971,) this ‘act is con-n-tin-n-n-n-ed in torney-General, to recover the fees due on force until the 1st of Septn-n-mn--nher, 1809. warrant’s and pate-n-mt’s re-n-mn-aining in the By an act passed 4th cn-f April, 1809. Laud-Office. See the acts of 29th of ‘fime act of 2d of April, ~J04, n-a fur~n-cn- Mare-in-, 1809, 4th of April, 1809, and 25th continued until the l’sn- day of April, 1812. of Dccenmber, 1809, infra. On-i the 4th of April, 1~05,(elmaptcr By an act passed22d of January, 1802, 2605,) an act was passed en-n-titled” An act (clmapter 2213,) no caveat or note-on survey to encourage n-he patenitin-ig of lands, and then on record, or otherwise, either in-n- for other purposes.” By which the Re-— the office of n-in-c Secretary, or in time of- ceiven-.Gene-m-al was ann-In-n-n-rn-red to settle fice of the- Surveyor-General, she-hi con- the accounts of ~n-iIpersons who might ap- tinue to bar tln-~issuing of a pate-nt, on-pa. ply within tin-ree yeas’s fr’m the pa’ssn-n-sg tents, to those, or their legal represents.. time act, who are indebted to the- c,n-omnn-on~ tiven-, again-man- whom the same has been wealth for time pun-chase- money of he-ads, entered, dinring a longer term than two an-nd lotemest, and who have not received years from passing the act, unless tIme- pen-- patents; an-id on the payn-sn-en-mt of the usual n-un-s entering time caveat, or others hrn-hdin-n-g fee-s of office-, such persons we-re to re-ceve or damning the- estate, sIn-alL within-n- the patents upon executing a mortgage to the e-aid tern-in- of two years, take- out a citation, Govern-n-or for the use of the con-n-n-mon. s.nd prosecute- the ‘same to effect. weal-In-, to secure the- payment of the ag- § 2. No caveat, note on ‘siurvey, on-’ gregate of the arrears of purchase money writing in nature of a caveat, he-re-after to and interest due, in ten annual instal. be entered shall continue to bar the issu- ments, tin-e interest of the whole aggregate ing of a patent, during a longer period sum remainin-n-g due to be paid yearly; time-n two years from n-he entry of ‘sue-li ca- and all mortgages executed in pun-sun-nice veat, unless tIme party interested sin-all of the act, were to be filed in the offlee of win-in-in-s that term, take out a citation there- n-he secretary of the Land-Office, to be on, in order to bring such dispute to a de- available without the recording thereof; cision, and prosecute the same toeffect. time- secretary, before deimvery of n-he- pa- On the 2d of April, 1804, (chapter tent, to endorse tin-en-eon, time-n -sue-himort- 2487,) an important actwas passed, which gage in-ad been executed, &c. And n-he act was liberally intended to afford e-n-m oppor.. to extend time time for patenting lands, tunity for purifying man-my titles fron-n-n- tie-- wiin-ch had bee-si for several years unn-n-un-n-hiy fee-n-s arising from frauds committed on continued, we-s further cxtenn-dcd for thin-eu n-he- Lan-id-Office. The pre-an-mible n-ce-in-es years. tiian- mann-y persons wiso lie-id iann-ds under By the 1st section ofan actparsed 14th proprietary warrants or location-is, have, In-i of March, 1808, (chapter 2926,) the pro. order to obtain-i patent’s for n-he sanse an- visions of the above act we-re continued n-educed prices, procured mn-en-v warn--asmt~ in-n- force until time lat of Sepmn-n-mben-’, 1809. ftom n-he state, on win-id-, in-n- nmost en-n-sea By an act passed tin-c mitmn- ofApr-I, 1809, patents have- issued, thereby cn-n-dcavon-n-r- tin-at pan-n- of the act of 4th of Pn-pril, 1805, in-mg to avoid the payment of pin-mn- of tin-c n-elan-in-mg to time appropriation-n- of the- pn-n-r. pmusn-cipal ann-i interest due on n-In-dr origi- chase monies received for lands, ‘was par- ,n-ai contracts, an-nd at the sanse tinme ran-i- tially repealed e-rn-d su’spen-mdn-~duntil the 1st dering the titles of those- who are In-orof September, 1809, from and after which e-han-en-s underthe minsecure; audit enacts, day tin-c said act wan- declared to be an-md that on the application ofany person hold- continue in full force and effect. ing a warrant for lands within this con-in-.~ Tin-e construction of this act was doubt. sn-n-on-n-wealth un-n-den- tIme authority of n-he ful; an-id by an act passed 21st of Febru- same, on-n- which surveys have been-n- made, ary, 1810, alt the provisiOn-n-is of the first or patents issued, and who are-also in-i pos- see-n-ion-i of the act of 4nh of April, 1805, session of thetitle to time same hand, on-any were re--enacted and con-n-tinned tnnn-til time part time-re-of, by virtue of a proprietary 1st of November, 1811, and no longer. warrant or location-n-, an-md who are now This act also provided, that an-my mortgage desirous of doing justice’to ehe n-tate by or mortgages under tin-c sn-n-id act, might be patentisig time-in- said lands on their old hiro. executed by any duly constituted trustee, jn-rictary warrants or locations, the Board or tn-un-tees holding lands, or by the gin-ar. 252

t784. ~Liaaor guardians of minor’s dn-miy appoint- fore time let of’ Mare-In-, l~08,on-’ otl~eu\. ~ ed, or by executors to whom tIme sale or wise, before said day, coonplyin-n-g win-li disposal of the land to be mortgaged, n-s time provisions of time act of tine 4th of given by the Inst will an-n-d ten-n-amen-st of April, 1805, sin-all he cIn-am’ged in-ute-rest their tesn-ator,and tin-at patents n-night be only tn-pon the principal sumo due- tn-p to received by them respectively Ion-’ n-in-s un-c tine time of sue-li payment, on’ of cxc- e-nd ben-edt of tln-on-e- en-n-tithed; and n-ny e-n-nting a mom’n-gage n-ngreen-n-bly to time di- morn-gage in pursuan-ce on- n-and act, nm-n-gut re-en-ion-n-s of tine n-aid act, be aclein-owiedged before- the secretary of By the second section of the act of the La~n-.t-Office,or magistrate n-n-un-horn-red 14th of March, 1808, (chap 2926,) (lip to rn-n-~”ive,n-In-c acteun-owiedgnicn-n-t of deed’s. foregoin-mg section was sn-n-spende-d un-n-tn-I jr prcv.ded also, than- mirtgn-ugen- might be time 1st of September, 1809. Provide-a’, en-n-en-un-ed an-sd ac.in-n-iwiedged by attorn-iey “ ‘i’m-at noduin-ig lie-rein contained ‘shall duly con-n-sn-in-un-ed, an-id rime letter of attorney, be- n-understood to authuon-ize tine Re-ce-tv- being dnn-Iy ackn-n-smwleuiged, shall be-filed en’ Ge-n-n-en-md to settle any account of nin- in tine n-n-file-c of tin-c se~retan-’yof tin-e nies due on sue-In- land in ann-y other un-an- Land O~Iica;a copy whereof, an-sd n-n-Iso n-n-er tin-an is dmn-’e-ctc’ci by said act, unless ~ copy of’ n-un-my nmn-n-u’tgag’e, dtn-i~ccn’tifled application be made fin-n-’ tin-at puu’pose under tin-c seal of sn-n-id office, in-n- de- before tine- expin-’ation oftime pern-od above clared n- o be a~sn-uffi~iern-tcyideun-ce in e-il limited, but in all case-n- of application-i cases, as n-ha on-n-gin-n-al. n-fter tin-at period, interest shall be The mn-sortgun-gon-’s are- pern-nitted, a cmn-an-ge-d upon n-he aggregate sn-nm from any time be-tn-n-ne n-lie days of payment, tine- time of passinn-g tine ‘saidact.” (13th to pay tin-c whole prinaipal an-md intere-st of Apn’il, 1807.) to tin-at time, or n-n-. lesser sum thin-n time TIn-c act of 13th of April, 1807, n-s whole ~n’stalmen-n-tn-to become due, (Ic- fun-tin-er suspended sn-n-nil the 1st of No- fin-meting, in such case, so much inten-’est vember, 1811, and n-mo longer, by n-in-e ~s won-n-Id have ace-rn-n-ed upon said inn-tn-i- second seen-iOn of time act of 21st of In-men-n-tn-, if pot discharged previoun-ly to Feb’y, 1810, n-until which time patents the- time or times win-en they were re~ may be granted upon-i paying, on-’ se-cur- spectively mn-ide payable, n-nd an-n- se- ing by mn-n-rn-gage, time pn-tn’cln-ase money quin-tn-ne-c shall be mn-mdorsed on-n- time morn-. fin-n-c, win-in- inn-en-en-ton tin-c pn-’inscipal sn-n-n-n gage fin-n-’ n-n-n-me-h inn-~taln-ne-nt, or inn-~ta1- on-n-iy to tise time of such payn-n-senmt, orex- ments, so an- afon-’çsaid pn-iici. ecution of sn-n-elm mortgage-. By n-n-n act pan-sen-I 30th of’ Mare-b, Tin-c act of 13th of’ April, 1807, wn-Il 1811. all the provision-n-s of tine foregoinig be in operation after time- 1st of Nov’r, act of 21st un-f Febn-n-n-am’y, 1810, are eon- 1811, except a’s to sue-In- persons as may i~inue-duntil the 1st day of January, be win-in-in the act, and proviso thereof, 1813, and n-no lin-un-ger; Frovid~d, “ tin-at passed the 30th of Man-elm, 1811. n-notlung lie-rein en-n-n-ne-in-n-ed shalt he con- ‘flue 2t1 section of,tise said actof 13th n-trtn-~d,on- n-n understood, an- to en-mn-in-he of April, 1807, provide’s, tin-at be-fin-n-c ~ny pen-n-on or persons, on’ oorporate bun-- an-my wan-rant in-sine’s from the Land.Of- dies, executors or adminmistt’ators, on flee, fom’ an-my lan-md with-in-s the Indian pin-n-’-. be-half of each n-n-sin-ion-, to1 n-he benefits clsases in and prior to 1768, the person of this act for any greater qnantity than for whose un-n-c, and in-n- whose- name ‘sn-n-cl- live Imundred acres of land held by him, wamn-’an-mt is applied fun-n-, sinn-n-Il dn-cian-’~up- lien-’ n-mn-’ tin-cnn-n-, in his, in-er on-’ tin-em— own on on-tIm or affirmation, in-i addition to m~igist.” time un-un-il proof reqn-n-in-’ed by the officers Connected with n-hums subject, is tine of time Land~Office,to he taken n-n-nd n-n-ct of time- 131ln- of April, 1807, (else-p. subscribed before son-n-me- one of the 2863, sect. 1,) en-n-titled “An act din-ce-t- jn-nd~es of time con-n-n-’t of common-n- in-he-as, in-mg time mode of’ settling ae-con-un-mtn- in the or Justice- of time- peace of tine e-on-n-nmty Land-Office, in-n-n-n-I to pn’event f’raudn- in-i win-cue tin-c in-ntis lie-, or he-lute timese- obtaining warrants fon-’ lan-md,” crctan-’y of time Land-Office-, tlmat ace-on-d- It en-n-n-n-cts,—That tine Receiver-Ge- in-mg to tln-e- best knowledge an-md belief of ne-n-al, on the settle-me-nt of any rn-ccoun-n-t depon-ment, n-no wan-rn-un-n-, or on-In-er office- fin-n- mohie’s (in-ne for lann-ds, win-in-in time In- right, in-ad issued for sue-In- ian-sd in tin-c dian pn-nn-’chsses made in, and prior to n-n-an-Tue of n-tue-li depone-n-it, or of n-n-ny per. time- ye-sm’ 1768, tn-n- an-cern-aiim the n-mon-n-n-mt sn-n-n on-’ person-,, un-n-den-’ whons he claims, ofprinc’npal n-n-md in-ste-rest dime- at tin-c Vn-me and if an- any time tlmereaften-’, it simouid of passing tin-is n-n-ct, n-upon sn-n-elm accoun-st, n-spun-ear, time-n- time person-ms deposing as an-id upon the aggregate amount ‘so aforesaid, or an-ny of tin-em, shail know- foun-id dine, to charge intcn-’e~t,until time ingly In-ave sworn falsely, ~ucln-person-n- pmount of the- Se-conunt is discharged: or persons sin-all stn-ffer n-li tine pains and Frovided, Tin-at any person paying totime- penalties o~p$n-’jnn-n-’y. ~tccen-ver-General tlue n-n-mon-un-it of’ money By an-n- act passed April 4th, 1805, 4n-n-e ~ron-n-n-him, her on- them, on or be. (chap. ~590,) it is made the duty of all 253 person’s now holding, or that ma~rhere- men-it of the mon-n-cy by time applicant 1 ~“84’. afn-en’ hold n-n-ne-n-tee-n-n-ted hand wan-’rn-n-nn-tn-, to together witis time pn-’ice of time wamn-’ammt,5 In-ic or enter the same wn-th tIn-c survey- in-ito the sn-ate- tn-’easu”y; and the- trea- ors of the pn-’oper (Tin-tn-let win-in-mi two surer shall give din-pile-ate receipts for yenn-’s after the passing of this n-n-ct, or the money paid, one of which shall be win-in-in two years n-fter tlse date of’ sn-ne-h deposited win-li time said se-en-’etan-y of the wtmn-’ants respectively, n-n-n-sd on failure Lan-md-Office before the- wam’ran-mt sin-n-n-il tlnereof’, n-n-me-in warn-rust or warn-an-n-n-s shall issue, n-n-on- have any force or eileen- ag’rn-inist a 5. After the iOn-hi of May, 1809, ‘n-vn-nt’ranst of’ a l~te-n-’dun-re, not’ n-ugn-ninst. an-i time- fees on patenting in-n- all cases shall actun-n-l settler on time lands called fn-n-r in be ten dollars, n-vise-re lees are receiva- n-n-ne-in- unexecmn-ted wamn-’ant. ble, for en-n-elm patent tin-at sln-aIl issue, ta By an act passed 25dm ofMare-In-, 1805, be paid to tine state tn-’easn-zreu’, wlso sin-all (chrnp 2560, sect. 1,) the tickets f’or give duplicate receipts for time same, donation-s lots, in the ean-ternmost parts one of’ wimicin- shall be- deposn-teci win-In- of the second donation din-tn-ion-, cn-n-nmm- tIme secretary un-f the Land.Ofiice before n-n-mon-sly called the n-tn-n-ne-k din-i n-’ict, are di— tin-c in-n-tn-in-mg oltin-e pate-n-it; time patent to n-ce-ted to be taken on-mt of tire wise-el, been-n-rolled without addition-n-al fee-s n-n-o- tn-n- be me-served fnran-n-d granted to those de-n- time d’nrection-n- of time- said se-cretan-n-, wino may Imave settled tine same, agree- who sisall also possess all tine powers, ably to tine act of 3d of Apn-’il, 1792, n-n-n-md perfon-’m n-n-il time duties, so fan-’ as tin-c And persons Inolding donation lam-n-Is same re-late to the pn-n-pers to be deposi- within time bat-rids tln-e-n-eof, on-’ win-in-in-i ten-I in In-is office, in-in-In-en-to appertain-sing tIn-c tu’iaun-g’Ie, an-nd releasing’ In-is patent to, or directed by ian-v to be- performed to the comn-in-onwcabh, in-n-n-n-)’, on-s applica- by tn-n-c Master of tIne- Rolls. tion to time Lan-md Office, In-ave an-matinee 6. The- secn-’etam’yoftime- Land-Office unappropriated hot, or lots, n-n-f equal nmonn-lmiy to deliver to time Auditor-Ge- quantity, to be pat’entcd free of ex- nen’ah n-li time receipts of time stan-c tn-’en-n-~ pense-. stnn-’e-r, wmn-ich shin-ill come in-ito In-is office Tin-is act, while-Is was of limited din-. fon-’ monies received at time treasury fan-’ n-’ation, n-van- annually continue-il nn-ntii tIn-c lanids sold, an-sd fee’s rn-aid on-n- wan-ran-n-n-s 1st of April, 1810, an-sn-i has been pen-’- and patents; ann-d tine secretary of the nutted to en-n-pin-c. Lansd.Office, an-id time -Surveyor-Gene- On time 29th of Mare-hi, 1809, aim act rn-ti, on-n- their own-n- o.n-ths or aflirmn-ntin-n-ns, was passed, entitled n-n- An act abolish- ann-i the oath’s or affin-’nn-nn-tion-n-’s of’ thcin, ing time- office-s of Receiver-General- an-n-d deputies or clerks, en-n-gaged in time me— Master of time Roil’s, and transferring ceipt of money, sin-all monthly account the duties therein perfou’med to otiser to the Auditor-Gene-rn-n-i for all fees here- offices, and fun-’ on-In-er punrpon-es.” after to be r~ce-ive-din-i time-in- offices, § 1. Tine- office’s of Receiver-General n-vimichn- monies they sin-all pay inn-to n-in-n-n- en-md Master of the- Rolls wen-’e abn-slished state tren-n-n-Un’y, after tln-e- 10th of May, 1809. § 7’. Time secretary of the common-n-- ~ 2. The books, papers an-md docu- wealth, tin-c n-e-cn-’etam’y of tin-c Land-Of- ment’s, in-s time Receive-n-’-Genem’ai’s office, fice, an-sd the- Sun-’veyor-Genn-erai, or any an-sd tin-c pate-nt books, n-’eoords, and do- two of them, to constitute time- Bun-n-rd cuments relating to tIme title-s of lands tn-f Property, with all tine power— of tIn-u in the- RoII’s.Offn-ce- n-n-c din-’ecn-ed to be- formen-’ Board, delivered to thesecretary of the Land. § 8. TIme secm’etam’y of the- Land-Of- Office-, to be by him deposited inn- his In-ce to prepare a se-al,to he style-n-i office; and all the books, papen-’s an-md “TIme Seal of time Lan-sd-Office of Penn- othm~(hoe-Omen-n-tn-s in the Roll’s-Office-, sylvan-sin-,” win-me-in-, afn-e-n-’ the iOn-li of May, containmn-n-g the record’s of, on-’ relative to 1809, shall be applied to all pn-n-ten-mts, the enrolment of laws, on’ other actn- warrants and atm-er pn-~peu’s,authenti- of’ tine le-ginslatin-re, to be dehivem’e-d to cated in se-id office, and all patents an-sd the see-me-tn-my of the commonwealth, to warrants n-vhie-lm n-hall issue time-re-after, he- deposited in isis office. n-hall be- signed by time said n-n-ecn-’etary, 3 AIn-en-’ tIme lOuh of May, 1809, the an-sd tin-c patents attested by hus deputy fees on n-ssn-n-mn-n-g a wn-n-’rant in all cases to on’ In-n-st cle-n-’k. befon-n-r dollars, and fifty cents fan-’ each § 9. I>aten-mt~fan-’ reserved tracts and an-md every warn-an-mt of survey n-n-nd ac- town-n- an-n-d out-lots, north and we-st of ceptance-, which sisahl issue-, except a’s Ohio, &c. to issue- in time same -n-namine-n-’, after excepted; and n-it calculations of an-id tin-c powers and dutie-s of’ time go- time pn-n-n-’clnase money and interest din-e- vern-n-or respecting them; he-. vested in on lands sold, or lmen-’eafte-r to be sn-n-id said secretary. by tIme state, to be made, on-’ caused § 10. Secn-’etary ofthe Larnl.Oflice and to be n-ne-dc, by tin-c secretn-n-n-’y of’ the Surreyor-Gene-n-’al to be n-n-ppoimmted for band-Office-, ‘n-rho shall direct n-in-c pay- tin-n-ce years fran-n said 10th duty oh’ May. 254

I ~“84. ‘fly a sup~iementto this act, passed All patent fee-S paid previousiy to tine 25th of December, 1809, no fee sin-all new arrange-n-n-n-cot, n-lie- same to be-deducted be received in the Sui’vcyorGene-ral’s and the in-n-tent to in-n-n-me, on-n- payment of tin-c office for filing an-md directing a warrant, balance. and tin-c whole- n-n-mon-n-nit of money to be The act of March 29th, 1809, not to paid on issuing, filmn-ig and directing thn-e- afFect the payment of time surveying fee-n- san-un-c,shin-il beIon-n-n-’ n-Ioilars n-nd fn-ftycents. directed to be paid by certain Connectin-.’n-n-t in n-il application-n-s for wan-rn-un-tn-, the ~e-tn-ie-rn-.Seen-mm act pased April 4th, 1809, appiiean-n-t, at his election, may pay tin-c a supplementto the act to encourage time interest on tine- pore-In-n-un-n-c money ace-rn-n-ed patenting of hands, previously to tIme date of the wan-’rant, The- following subjects being hoe-al and eitlsei’ at the -time tIn-c pin-re-Inn-sc money special, will be- distinctly considered in sin-alt he paid, or after the return-n- of the n-note-sto n-he acts relating then-n-n- respec- mnrvey shall hn-avebeen made, and before tively. time issuing of the patent. Donation lands. An act laying onn-t a In-n- all cases of n-van-rants issuing here. town at Fn-’e.n-’q’isIe, and far selling the dif- n-mIter, where time- re-n-urn r~fmtmrvey sn-n-all ferent re-served tracts. An in-ct to prevent in-ave bee-n-n- previously madeon proprietary intrusiosm~.~ithin-mn-he counties of Hon-il’- lace-n-n-on’s, and whereon a warm-u-in-, com- ampton, 2Tortbu,n-nbe~’1and and Luzerne, monly called a warrant of e-cce-ptann-~e~hail The .Luzer;ne en-n-n-n-n-penn-sating act, and tin-u in-sn-n-c, time price of se-id n-van-rant shall be act to protect the tern-itqti~mifights of the two dollars. State.

PART V. Of Surve-ya, and EaWcnce den-mn- or vice-president in-u coin-ne-il, undcr The stan-n-ste of 33 .En-/wayd 1, statute- 6, the less seai, who, upon n-line proof of the e-rn-tin-led “A’m ordiin-ane-e for measuring of equity thereof, may grant thesame; an-sd land,” is se-parted by n-he judges, as ex- every sn-nrvey, hoe-an-ion or appropriation of tcn-n-din-n-g to Pcn-lnsyivania. It begins n-hun-. lan-id, made win-bout such lie-ence be first “WIn-en-’ an acre of lan-id contaisetlu ten obtained, and n-mien-s a return of tine- survey perches ‘in length, the-n it abe-li be in-s thereupon-s made-, shin-Il be made into the bm’ean-ln-h sixteen perches; when it con- office of the secretary of the Sn-n-pun-me -iix* tain-me-n-li cieven pc—clues in length, tin-en in- ecutive Council within-n- six n-noon-in-s after n-In-n-nil bein-s bre~dthfourteen perchesand an tIme ‘same sin-all be flmusdea she-il be utterly he-if n-n-run-I thre-e n-pn-n-nn-’n-ers of one foot; he. null and void. 160 n-qn-sare pete-lies beimng the Eoglishs sta- § 5. And in order to corre-ct n-n-s far as tute acre- or an- it is commonly termed may be, the mischief’s which have au’ise-n, in-i Penn-n-sylvan-n-ia, aim acre, ne-an-, or ‘strict or may arise to the commonwe-aithu by measure. chan-mdest’n-n-n-e ‘surveys and undue appropri- En-nt itis to be observed, that the cus- ations of vacant on- waste lands made tomary acre of .Pesnn-ylvania, wise-re -six since the 4th of July, 1776. acres in-n- the ln-un-mdrcd are allowed Ion-roads § 6. No survey or appropm’iauion-n- of va- an-n-clhigh-ways, &e. by the commonwealth, cant or unappropriated lands, which has consiSts ofone hundredan-n-cl sixty-nine per. been made within thin- sn-ate since the 4th r,ln-cs and six n-cn-n-tln-s of a pen-eli, whn-e-h pro- day of July, 1776, shall be available in law din-ac tin-c acre of Ian-md, win-is its usual al- or equity, or shah be considered as vest- lowance, ing any estate in such lan-id, un-n-hess n-he Man-ny ofthe-laws cited in-n- the preceding date, an-md other pan-tie-ulars of time san-ne, pan-n- of this note-, regulate- surveys in-n- se-ye-i together with a dee-n- description of n-he n-al respects; and in the cases already rn-glut or claim upon which it was nun-dc, noted, un-any points on tin-at subject will be shall be enn-ered in-i the office oftine secre- Ion-n-nd. it will not be necessary to repeat tary of the Supreme Exe-cutive-Council; them here. n-em-him the fames herein after limited, that By an-n act, entitled “An act to prevent n-s so say, in case sue-hi survey In-as bee-n trespasses and Waste from being com- made in tln-e coin-n-n-ties of Bedford, Nor- mitted upon the lands of absent persons, tin-umluerie-nd or We-sn-moreland, before time and upon vase-sn-n- and unappropriated in-n- day ofJanuary next, and in case sue-li lands,” passed the 17th of Mare-lu, 1780, survey he-i been-s made in n-ny on-in-er county, (chapter 885.) printed in JW’Zea,n-’s before the in-n- day of November next. edmtion, page 331. and limited to mn-inc § 7. Sn-n-n-in- e-n-mtry in time office of the said n-nomn-tims, it wa’s cmn-ae-ted (section 4.) that secretary, sin-all on-n-n- give any relief or bene- dun-mg the corntin-sn-n-ane-e of n-he act, n-mo fit to any person to which in-c or n-lie was surveyor or on-her pe-rson-i, ahalt presume not ‘n-nn-itie-d before n-he passing ofthin-act. so measure, ‘survey, or locate, any right or By an act passed 4th of September, claim to land, unless he be ain-thorized so 1793, (clun-ipter 1689,) all return-ms of smn-r- to do by the special licence of the presi- veyn-, which have been ne-tin-ally exre-n-ntn-n-d 25n~

‘sin-ice the 4th of July, 1776, by deputy sur- re-tn-n-n-n tIn-c survey tn-made by him to the pro.. 1~’84 veyors, win-list they acted under legal ap- per office. his default herein n-hall not be- pointments, sin-all be received in the L~n-nd-imputed to the per-on in whose favour time Office, although- the ‘said dept-tie-n- may survey has been mn-ide. The latter de- happen not to be in office, an- tIme- tin-ne of pends on the actual lines on Use ground, sue-h ten-urn or returns being made; Pro- which in fe-ct constitute n-In-c aurvey the ‘sided, That n-so returns be n-drain-ted, that field notes, draft or return are- mere cvi. were made by deputy surveyors wino have dene-es of it. (See Men-n-de’n- lessee v. IIay~ been mane than 9 years out of ofiice And, soaker, ante, and 2 Binnn-n-y, 12, 13—:n. By “an act to aun-ln-orize the granting .frci.—An-md see 9 Binn-n-ey, 106. of patent’s on sn-nrveys In-eren-ofore made and These are general rn-n-len-; like n-n-il genie. received in tin-c Land.Office,” passed the ral n-ule-s, they may admit of sonic en-ce-n-p. 2d of April, 1811. it shall be lawful for n-ions n-nuder special cire-unn-un-tanmccs. So, at Wan-bin-n-gte-n, October, 1800, be time officers of time Land-Office to issue pa- 1 tents in the- in-sun-i manner on surveys fore 2eaten- and Smith, justices; in-s tine made, wh’mclm in-avebeen heretofore return- Lessee of Robert Porter v, ,7amea Ferguson-n- ed and received by time Sorveyor.Gemn-erai, and 4braban-n-s .Fea~ly,in ejecn-nn-eut for 139 uon-witlnn-n-andinmg an-my such survey may con- acres of land am Mi-n-go creek waters, tain an excess of more than tens per cent. (MSS. Reports.) above time number of acres mentioned in Time plaintiff claimed under an en-n-try tIme warrants respectively; Pr~vidcd,That n-ne-dc by Fran-n-cia Hull, of 400 acres on-n- n-n-a n-inch pate-nut sin-all be- comn-stmn-ued to defeat .ll(o;n-ongabelariver, win-h the Virgin-n-ia en-n-rn. or affect n-lie right or title ot’ any other missioner’s, on tIn-c 13th of November, person on- persons n-vln-ich rn-say have ac- 1779, on which a survey was made by crued by tmprovemenn- on- otherwise to any Hen-il and Ri~chieof 269 acre-s 136 pet’. n-inch excess. ches strict measure, on-i time- 4th of July, lathe Lessee ofHenry .Drinker V. Wi!- 1785. The plain-stiltset up another sur- lions Hoiiiday,jn-mn. Hn-nntingdon-z,May, 1796, vey of 139 acres zn-made by 2homan- Siokely, before Sbippemn- and Teatcs, justices (MSS. n-nd which he allege-d was founded on a Reports.) Tin-c following general doctrine warrant of resn-nrvcy, on-order of the Board was delivered in charge- to the jin-ry. ofProperty, in-ut which- were non-produced. Win-en-u a survey In-as been made, win-iclm Time court said, that n-mo benefit could beis supposed to be injurious to anon-her derive-cl under time ‘lan-ncr survey, unless by dan-mann-, he ought fo In-Ic his caveai, or showing n-lie warrant or order on which it was groundtd. A smn-rvey having been inn-stitun-e his suit in a1reasonable time, or e-ce-On-n-mit satisfactorily or Iii’s neglect. Fan-i- once n-n-made, a new aun-tln-ority became mdi’s.. in-mg herein, he shah ‘suffer for isis negli- penn-ably n-ieee-n-se-my to justn-fy a secondsn-n-r. gence ; and particularly so, where his ad- vey. The legal pren-un-npn-ioun- is, that the versaryluas proceeded to compie-te in-is legal first survey was made with time full con- title, en- bestowed considerable l,abour in sent of time party, and shall conclude him, improvements. unless fraud or improper con-n-duet cans Every snn-rve-y will be presumed to be justly be ascribed to time- deputy-surveyor, n-nade by the consent of n-lie- applicant, un-n-n-- and in such case the compLain-mn- must be less the contrary appears; and where hi- followed up in-n- a reasonable time; his dissent does appear, lie- must make an be-hen- will otluerwise postpone bin-n-n-. Thn-csc early complaint to tin-c Surveyor-Gene-rn-h prin-me-iphes have been often laid down, and or, in Isis dcfan-n-it, to the Board of Proper- conduce to tIne- lie-ace and safety of time ty. 1f~ieis n-en-n-miss herein,his n-negligence country; thiey were delivered pn-rdcuharhy will open-are sn-ron-mgiy against Imim ; and in the cases of Drinker’s losn-ce v. Hol/ida,y, n-under many circumstances, lie- will be sup- ann-I Holthn-.gn-bend’s len-see v. Follok, tried posed to have- n-mbaodoned in-is objection’s to at Zfumn-urn-gn-/on, May assises, 1796, and the survey. cannot be departed from. The plrin. When a survey has been completed on tiffsuffered a un-inn-n-n-in-. the ground, a new survey canin-on- be- made In time Len-seeof St~clen-n-n-n-cl wife n-, wn-thout ne-w’dn-ree-n-ions; because time au~ Pin-n-lay, n-n-I York, April, 18~n-i, before tin-omn-ty of the depnuty..surveyor is den-er. Ye-on-es an-md liracien-n-ridge, Justnccs, (MS’~. mn-ned,; win-en-n- sin-elm fresh powers In-ave Repon-.ts.) Tine- COUri ln-ld it down-s as ~ been guven, no addition-in-I survey shall af- clear rule of law, tin-at if a pe-rn-on-n- oh. fect a fair an-md imonesn- survey prior thereto, tn-inn- n-u see-on-id survey on-i a warrant though made on-u a ‘subsequent warn-an-mt or while-h in-as been onuce filed, ime tlnen-’~b’,” iocatn-on. The mn-iten-venn-.n-g right shall be n-n-ban-n-don-ms ln-i~ flu’st survey, ~‘ the ran-n-n-D protected. Time e-onsequen-n-ces of squeez. en-an- n-n-n-it n-etn-n-n-’n-n-ed in-n-to tine Sn-n-rn- ycn-n--.Gen-c. n-n-mg out titles obtained dona fin-ic, n-fter tin-c rain- qfflce,befn-n-re an-n-ad’rern-essrvn-~yis n-rn-an-he, clan-rn of an early warrant has been san-is. pu’ovidecl the- n-an-ne -wan-ndon-n-c with In-is fled, by opening the hines already closed, con-mn-emit or pn-oeUn-’emclst; and every n-s Imn-ghly n-n-n-Jurion-ms to Society; and time sue-ye- sln-ahl be presumed to be man-he measure n-s unjust mum itself. will- time full consent of the party, n-un-n-~ In-is the duty of a deputy4uryeyor to less the contrary appears. 1784’ An-md, in the Lessee of.Ffunterv.Meaeon tlmougin- not made by time regular oflicei, - n-un-cl Wells, Fayette, October, 1804, befon-’e may be read in-n- eviden-uce. Lessee of’ 2’eate.r an-id,Sn-nltIn-, J. (MSS. Repon-’tun-.) Shields v. Bin-c/ran-zn-n-an-n-, Wen-tmoreban-zd, Time court sn-id, that tn-pun-n- time most pre. May, 1797, betbre 2’eaten- and Ssn-n-it/n-~ cLqe an-md descriptive wan-ran-mt or applica. Jun-sn-ices, an-n-cl Lessee- of .Fnnn-n-eto,n- v. zion-n-, it is the dusty of tine- owner to sinew .W’Ma In-on-n-, ,.t’Torn-mn-nnun-n-lzer(ann-d, October- tine lands in-n-tende-dn-thereby, to time sue-. 1797, before M’.Kèan-n-, C. J. and Teateag veyor, ann-I to fuu’nishn- provision-sn- and j (MSS. Repon-’ts.) cl-am carrie-u’s, or pay the -expenses In-s time Lessee of ~o/n-n-zToden- v. thereof. If a survey is made with liann- Flenn-unin-ug, at Mifflin, May, 1798, which he is din-satlsfied, he should bin-fore S/sippezn- an-id 2’ean’es, Jinsticess win-In-out delay con-n-n-pin-inn- to time -Survey- (MS S. Reports.) Time only qn-uestion or.Generai, or Board of Property, an-md ivIn-ich occun-rred, was, wise-tin-er n-he pre. pray for redress; otherwise time survey tensions of n-n- party n-In-all be determined will conclude him. But it in- cem’tain-mly by the course-s ann-d distances expressed true, tin-at tine cleptn-ty-stn-rveyor n-nn-uy cx- in time re-tn-in-n ofsurvey, or by the mark. in-cute- n-tue-h warrant or application-s in-n- in-Is ed trees an-md. lines n-ncln-n-aiiy run? inan-n-ds, withoun- the personal atten-mdance Tin-c court in n-heir charge, obse-rredn- of time- own-me-n-, or army one in-i In-is be-half. tin-at it wan-n- aimn-st impossible- to doubt Should hn-e- do so, time owner becomes on-i the subject. Tine natural or artificial suubje-cte-d to his acts, an- lie- n-thereby n-his- boiumdaries n-n-f n-a an-n-rye-v have -unfin-rmn-n-ly cisan-’gn-n-s time officn-n- of an agent for In-in- prevailed, an-md thmeu’e is absolute- certain- prmn-n-cipal, un-mien-n- time-re is some fraud in ty when-s a right line is fin-unwed from the case-. If time sin-rveyor sin-all re-fun-se -onemarked corner to ar-other; but n-lie to e-xecute- time survey on tin-c lands be- be-stsus’i eying in-sn-tn-omen-n-ta will vary inn- ing slnewn-n- to him, an-id an offer to pay some n-n-nail degm’ee. Fur the sake of tine expenses atte-n-sdn-umt time-re-on, acorn- public coisvenience, an-n-dindividn-n-al safe-- plain-mt should be made in a u’en-n-sonable ty, all tine- lan-n-Us comprised witin-in cei’~ time to tue Board of Property, win-u tn-in-i me-riced hines, on-’by pu’oceeding from will direct n-in-pee-in-horde-n-to issue ; and n-n-n-an-iced and Ice-own con-’nn-ers, will pass to tine deputy-surveyor ivilL in-e subjected the- granite-c in-n- a deed, Any surpmn-n-s to a me-move-I fron-n office. These- priin-e-i- men-n-sure, or variation in n-In-c coun-’ses an-md pies are- founded in good sense, pun-bile- distances set out, will not vitiate tine con-n-ven-n-ience-, ann-I a regard to tin-c en-n-rn- instn-n-n-men-st. Tine lines ne-tin-ally run on mon safin-ty, and are the commo~slaw of tin-eground an-c n-In-c true survey an-md ap. time country. pn-’opriation of time lan-id cn-nntracted, for. Lessee- of Eèn-n-y .Dn-’i,n-l’en-’ v. Samuel But tIme re-tin-n-n-n- of survey is onn-iy en-ri’. Hnnn-n-ter, Noruinurnberiamn-d, October, de-ncetime-re-of’, and n-in-all be con-n-tn-oIled. 1796, before Teatea and Sin-n-it/n-, Justices, by the actual survey. Tin-is pain-st has (MSS. Reports.) fn-’eqiuen-n-tly been determined; an-sd pan-ti- Where hands have been patented, cularly in time case of time lessee of~’o/n-n-n- an-md the tithe-n- n-hereof are free from Walker v.~~cn-cobFn-zrry and Michcn-elA’re/4 sn-mspicion, any subsequent survey of tine tn-’ird at .Win-i Fries, at can-hale, be-foe-e n-an-n-me lan-un-is, un-n-den- warrants or locations, MKean-n-, C. J. on tIn-e 28th at Nave-rn.. n-re- merely ‘n-n-aid in-n- tin-en-in-selves un-mien-s ‘be-n-, 1790, wIn-crc severn-i mi’stakes lie-cl tine-re are strcn-in-g ein-’cumstances of an-i been made in tine survey. n-ante-cede-nt pin-n-session in the adverse ‘- ‘As totine time ‘win-en a snn-rve-yn-v’vm made, .. - pau’ty, on-n- in-i the instances of surveys it was isehil InDawn-un-n’s’ lessee-v. Lcn-ugin- sn-made in conse-qn-n-en-n-ceof tine- (lee-in-ion of bin-n-, AIle-gmn-en-n-y, May, 1799, bcfon-’e Y~ate-s’ n-i coun-’t of law, on a question-n- tried be- and Sin-n-it/n-, jn-n-stices, (MSS. Rcpcmn-’ts,) n-we-en time parties, or order of time tin-at pan-oh proof con-n-in-i not legally be- Et-an-U of Property. Tine improper give-n to ascertain it; but tin-at n-c copy practice of some surveyos’s, in making’ of time snn-’vey was tine best evidence of stun-in- stmrveys, and afterwan-’dn- orn;ttinmif it, whicin- it win-s always n-n-i the powern-n-f tn-i mention-n- the- fin-n-me-n- surveys ins tue-mr tIme pam’ty to prO~n-n-re; amid great n-n-n-in-- re-tn-urns, In-as been tin-c gre-at source of clsieftn- would n-rise fn-’on-n the n’eiaxation-n- n-n-n-n-certainty of right, ii- igation and inn-n-- oftime rule, by receivin-mg un-n-written e-vi. en-n-sin-mess, un-ide-n- wIn-Ich .Pezn-n-n-n-y/vania has deuce n-n-n tin-Ishmen-ud. long iaboured. With respect to time extension of the On ge-n-n-en-n-ni principles tine party is linies of n-i survey; In the Lessee of con-se-in-n-den-i by tin-c un-me-s of in-is pate-n-mt Un- Nicholas’ and in-tin-eu’s v. Nob/ida , at lien-it. len-n-n- special circnumstn-n-nces exist to fbrm in-n-gdon, May, 1802, before Thaten-3 an-md n-in-u exception-s to the common rule. Len-- Bn-~ackenrIdge,juwtie-es, (MSS. Reports.) see- ~of .Dan-,ia n-. Bn-n-tterback, I’n-’an-n-khin-n-~ Plaintiff clan-un-ed n-under a wn-n-n-’uumn-mt to April, 1797, samejiudge’s. (MSS. Re-- .Eaward Hiemn-olan-, for 150 acres; an-md In-Puts.) a sun’vey thereon-i of 199 acres n-nd 17 A. sun-rvey adopted by the Land-Office perches, made 25th of Mn-n-y, 1765,. by .‘~Ian-n-wel1”in-n-lay, who acted under ,l~ick- veyed befou~e,he need not run those 1784. ard Tea, time- sn-nuveyor of tIn-e district. linen- over agaIn-n-. Lessee of .&Ln-Rhea .Finlay sun-’veyed four o’thier warrants at y- FIn-n-sn-miner, 1 Binne-y, 227. time same tin-ne, ann-ounitin-n-g in the- whole The retumn-n-n of’ a deputy-surveyor in- to liOn-) n-cues, but having included on-dy prMa fade e-vidence-, but not concln-i. 550 acres, he, in-s the -monthof Jn-iy fol- n-lye, of the tn-’utlm of time matter return- lowing, extended n-lie lines of the dif- e-d. It would be a reflection on courts ferent surveys in-n- his drafts, by order of of justice, if, where the party mad irs Tent, who made preteen-ion-ia to the ad.- truth pe-ocun-ed a legal survey to be joining lands. marie-, ise sin-acid be estopped from TIme Court n-n-in-I, that the practice had sue-win-mg it, n-ne-rely be-cain-se- there- had been for surveyors to ruin and mark time- formerly been an illegal survey, and boundarien- on-s time grnun-sd, amid after. n-he officer han-I min-e-dca mistake in his wards calculate- time-jr con-n-te-nts. They return-n-. Faulkner v. tln-e lesse-eof,EdnIp, - con-n-id tin-en-i add ton-or diminishtime qin-an. in-s error, 1 Binn-ney, 188, tides stn-n-~veycdon-n- time closing fin-n-e-s. A survey made by an n-sn-late-n-it depu. Bun-if an-my great mistake in-ad been mache, ty.n-urveyor for In-in-on-elf, is of no validi- cau’efn-ul surveyors usn-n-aily we-nton time ty ‘till it is recognized by m-isprincipaL around again, an-id mn-n-dc n-mew surveys, M’Kinzie v Crow, 2 Binnen-/, 105. obliterating time-in- former marie-s. After Appiicn-n-tions nn-ade to depun-ty-n-unms’ey- a survey was return-n-ed into tine Survey- or to make- a survey, dud what passed or-Gene-raf’s office, tine lines con-n-in-I n-n-ot time-n-eon, arc proper evidence. Tln-ey be exte-un-ded, without a new wn-n-n-rant, or are acts done in prosecution of the tithe, order of sn-mrvey, their fn-n-rmer autin-ority an-sd tend to she-w tin-at no bacimes is inn-- beingfun-n-cn’us of/In-ic: bun-before n-ire-in me-- putabic to the party who t(n-ok on-n-t the turn, time sunn-’vcyos’ nmigin-t e-xtend n-hue- warrant, but that lie made time- proper lines of a survey in-made by mistalce, efforn-it to complete In-is title. Such e-n-’i- ‘tvhen-e n-n-u injuryre-suite-n-i to other claim. de-e-ce has con-n-stan-n-thy been rece-ived. n-n-n-mn-s. An-nd n-ce Bjn-ldl~’s’len-see v. Doe- Were it on-then-wise, it would scarcely gal, to the same Ze-flect. 2 Binumey 37, ever he possible to slmew fraud, on-’ im- an-md Evans v. .Wargong, lb. 55. proper conuduct on time part oftine depun-- ~Vfmer~a sun-’vey has been made- an a ty-aurveyor. No,bU’e len-see v, Tin-us’, ‘uvan-’rant ge-n-ne-rally descriptive, an-md a .Hun-ntin-n-n-fdon-n-, M&n-, 1793, befom’e M’Kcon, vesuu’vey in- man-ic tin-en-n-n-of by order of C. J. ann-n-I 2’~ates’,J MSS. Re-ports. time Board. of Propen-’ty, wise-re-by part In-n- time Lesn-n-ee of ,7o/n-nm Hub/en-, and of tIn-e old sn-n-rve-y is omitted, anti ne-w others vn- Ben-n-jan-n-sin-n- C/n-en-n-n-, ,Wort/nn-n-nn-ben-’- lan-n-Us added, part wisen-’eof in-ave be-ens land, October 1796, before 2’eates and sun-ye-ye-U under in-ste-rye-ni-mg rights, n-be Sin-sit/n-, Jun-sn-ices. (M~S.Repon-’ts.) Time title Cn-n-n-n-n-5n-n-t n-revail as to sue-in- omission-mn-, plainmtifl’ claimed un-sden-’.18 different war- n-un-’ addition-is,1injumfious to othen-’ persons. n-an-its, dated tisen-,1&h of August, 1773, But as to sue-In- parts of the lan-un-I as were to Bernan-’dNn-nbley, and on-lien-n-; a survey compre-ln-en-n-dedin-I time- old survey, n-n-n-n-d begun-n by ~esme in-n-ken-n-n-, on time 7th of were n-n-on- droppe-d. on-n- abandon-n-e-dby the Septembe-r,1773, (but nothing further re-survey, an-md as to sun-eli additions as don-ne, than run-suing two lines, by reason were non- time-re-tofore surveyed unde-r of time n-In-pen-n-rae-ce of some Indiana,) on-in-er rights, tise title ne-inst prevail. an-md time surveys finally completed on-u Auidle,nnn-n-iv. Way, Hunszngdon-r, May, 1805, the 14th, l5tls, 16th, 17th-, 18mm- ann-U 19th be$o ‘e reate.n- an-md Sn-n-n-it/n-, Justices,’ of Apn-’ii, 17~7,by ~osepIn-V/allis, under (MSS, Re-pon-~ts.) Charles Ln-n-kens’, deputy -sn-,n-z’veyor. it in-n- n-sot essential to tin-c validity of a A small memoran-sdn-n-m book of field suui~eyof a br-dy of’ lands, tin-at time note-s of ~case .L.uken-n-s, was offered in-a linen- of en-elm tract n-In-on-n-id be man-ken-I on e-videnceby tin-c plainn-iff~an-md e-xcepte-d tine- gn-’on-n-n-n-d. It. is sufficient if tine sun-- to by defendmunt, an-sd a witne-ss was n-:t.yor in-n-us marie-ed lines enough to iden~~adduced, who swore in-did not appear tnfy time particular tracts. But in sue-li to be Ln-n-ken-n-m’~isand.writing; but it ap- en-use tine smn-r!eyor is n-mat inn-in-le-d to time pe-aringtu In-ave bremu foun-un-i amongst time fun-Il compensation given-n -bylaw. U’ooc/s papers of the depnnty.sun-’ve-yor of time v. h-gem-cl, I. Binn-se-y, 146. district, un-tn-cl n-in-at n-n-then-’ witness~n-be- If a sin-uvey in-an-been dun-ly made undet’ lieved time n-n-ate-s to be Ln-rAen:’n-’ writing, legal autiuority, an-md the hand n-surveyed (though having been-n fin--n-n- traced. On-n-t run-un-anna open-i to pure-inn-sen-sn- a wan-rant win-Is a black.lcad pe-micil,’ and after- eommnn-g’ n-n-fn-erw n-rn-us’ to the In-n-nUn- of time wards rn-un-u over witlm a pen and in-sic, tin-c deputy, may be applied by mn-im to tin-c usual cmmn-n-u’ae-ten-~ of bin- luand.wrntinp~ n-uu~veyalready made, without runn-ning wan- n-lisgn-n-ised then-n-cbs’, ann-n-I ren-n-dv’n-ed an-n-ti n-n-man-’king’ tIme-lines ann-ew So, wise-re more stiff,) thn-e court directed in-. smn-oufd time hn-n-n-n-ds to be- surveyed n-n-re bounded. be n-en-din-i en-’idenec. by tin-e h-men- of other tracts, n-un-- Tin-c surveys man-Ic by ,~f~n-ep/n-Wn-’rhli’r Voz,. IL 2K ~58

1784. were also ofii~rédin-s evhde-nce, an-md op- ble difficulty. A law of the n-tate In-an- posed in time like manner. On the face expressly declared, that n-il appoint- ~n-.._n-, thereof they purported to be made on-s me-nuts by time late governors of Penn-n-n-yE- tIne 14th, 15th, 16th, 17th, 18th n-md (n-an-n-ia, or by acts of assembly, should 19th of Ape-u, 1777, ajid were return-m- cease, time trustees of the Loan-n--Office ed in the-se-words, “E’or Charles Lu- only excepted. kens, esq. Jose-pin- We-dUn-. (LI. S.) It probably will be n-aid, that tin-e- n-tn- Proof was gi*ien, that on a imearin-ug for vesting the estates of the late pro- between tise parties, beforethe- Board of pun-ie-tariesof Fen-n-n-usylvan-uiu in thin- con-n- Pm’open-n-ty, in April, 1793, Wa/Us’ lie-cl monwe-aitin-, asserts, tin-at all titles and admitted time-the had suurveyedthe lan-mds Claims derived un-n-den- them, their offi- ~n1777, but made no retuins tin-en-eon, cers, on-n- others by them duly appointed, n-mnd~denied that the letters (DS) there- or otlzerwin-re, Shall be thereby co~n-h1rmen-1 in-n-, were his hand-writing: some wit- an-md e-stsblin-mn-ed; win-li a proviso, that nesses deposed, that tIn-e-ydid not bc~ the- private estates of the proprietarie~ lie-ye-I thn-on-è letters (DS) were- his in-and. on-sly, which In-ad been surveyed and re- ‘writing; and others deposed the can- turned into the- Land-Office-, on or be-- trM’y. fore time 4th of July, 1776, should be A special certificate from Dan-n-/el e-on-n-firmed to them; and that the-reby, .Th’odln-ead, Su~ve orGenera4accQnn-pan- 1 n-n- line of distinction is drawn-i between ied each survey, in the-sewards: “The tine property of itsdividumals, and of tin-c above is a true copy of n-he original relate proprietas’ies, n-us to n-lie -times of ~ssainin~ in-i n-n-my office, win-loin- does mn-on- surveys of the-in-’ respective ian-n-Us. To appear to bemn-egistere-dasother returns this, it is answered, that the act only ~re in-n- the hooks kept fan-- tin-at pun-- re-fe-i’s to tin-etitles and claims, an- tiuey pose, and time -survey appears to have n-n-toad. on-n- the 4th of ~n-.uly,1776, an-sd all been mn-dean-sn- tmn-~se ‘win-en time Land- time interest of time proprietaries at that Office ‘was closed, mind no Surveyom’- time in the n-oil, wan- thereby ve-stedin Gein-erai, an- nle~uty,undertln-e new con-n- the common-n-wealth, Tin-cpu’ovision-i, in ~titution wan- appo’n-n-mted.” a n-sew clause, tin-at the proprietary es- The plaintiff’s con-n-&mse-i admitted, tin-at tate-n-, intended to be see-un-ed by the the-li’ surve-ys ivere not n-’etun-’ne-d into act; were confinedto tin-on-c lands wIn-id- *he Stn-rveyor.Genen-’ai’s.efflce ‘till after in-ad not on-sly been-n-surveyed, bn-nt return- 1781, n-mn-cl it was s*ornm, tin-at ~oilh ed befoi’e that day, strength-ens tillS .M.’uag’er (win-o, it n-n-tan- agreed, wan- in-n-— position. tereated in the In-n-n-Un- claimed by time- This construction, un-ore-over, is for- .~isiratifi’,)had &eiive-n-n-ed the-minto time tified by the law of 17th of Mare-in-, eftlce; bn-rn- tin-imprecise time n-n-n-md mn-mi- 1780, which- was made with the ex- ner of sluing it, did not appear, press ‘view of g~txardingagainst time mis- It we-s can-n-ten-’ed ibm’ defendtint, that chiefs win-id- nslgln-t n-rise from ciandes- the -surveys were n-n-mn-de without autho- tmn-~esnn-’veys, an-id n-xn-sdn-.n-e airpropriations rity, n-nd could only be considered as of vacant or wan-te lands, made since n-mn-crc blank paper. 4th of July, 1776, n-nd enacts, tls~sue-lu It was muttn-n-uiiy agreed, that deputy- n-rmrveys n-hail n-n-cit‘be -aVn-iiablein law or acrn-’éyorn-, before the revolution, wen-’e equity, cm’ vest any title In-s such In-min-ds, n-sot sunder oath; but that tln-ey gave on-hess they should be returned, wittu be-n-nd and sdcurity for the faithful din-- clean-n- description-tn- ~of the rights on-n- charge of tln-eir duty; sun-d like-wise, claims n-upon which timey were nnhn-de, tin-at the -n-n-n-rveysin question, we-re not ‘within the- periods there-in limited, returned into the ‘office of the n-care- Tinat this In-n-n-n- not bee-in- done in the pre- tn-Dy ef time supre-meesn-ecutive can-n-ne-il, sent inn-tn-me-ce, has already been-s agreed; Thc defendant’s counselin-mn-in-ted, that and consequently time tern-in-sof thin- lan-v time papers die-red, differed from, an-md fully apply Inereto, n-unless it is otmn-em’- were- materially disn-ing’uislned fran-n com- wise provided for, by san-ne smmbn-equemmn- mon-s me-tn-n-mn-na of surveys. TIn-eyhave be-en fn-ct of the ieg’rsiattn-re. pmlt into tine office byone ofthe pn-u’ties, Time in-mw fat’ establishing a Ln-n-e-d-Of- n-nd to win-am they ivere deliVered, is floe, din-’ectn-, that all person-n-s in-n-tithed in-i uncertain n-sat being re-gin-n-ten-ed. in-n- tin-c law or equity, to lan-ida within the -In-n-- uswtl boom- kept for that purpose, they die-n purchase-, by virtn-n-e of an-ny grant, are -e-ither in-n-n-positions n-sn tin-c 1n-an-’t n-sf ware-an-mt on-n- location, be-forethe 10th on- V/allis’, on-- an improper n-n-se In-as bee-nm December, 1776, may receive patentn- mn-n-dc of in-in- drafts, bin -payment of time pun-rein-n-se money, n-n-n-- Fe-on-n-n the principles and natureof the tereSt n-nd n-n-file-c fees; and wIn-Crc sn-n-n-- ,&mermcan Revolution, it is obvioun-, veys have not hee-im rn-made an-sd returned tin-n-ut all proprietary offices terminated In- the -farmer office, an bn-’n-ier of sur- ‘whe-nn-hun-n- an-n-eatevent tank place. But vey and patent nn-ay ‘be had on-u Ce-n-tn-in on-i this subjevt, there can be no pan-si. e-on-n-din-jon-mn-, In-c. All ‘i~ndn-n-tberetoftn-in-~ ~59 an-mrn-’eyed and not returned, n-bali be re- any deed, patent, wam’rant or survey, of, 1784. turned into the Surveyor-Gen-ieral’s ofin-n- on-ton-ny part, or portion ofthe -hands flee in nine inon-muha. No relief is given compn-’ize-d and. contained witimiin the by tin-in- law. limits of tin-is state, or by virtue of any The e-ct of 5th of April, 1782, em- location filed inn- tin-eLan-sd.Office at an-my powers time Surveyon-’.Gen-merai, to re- time or’times before the -n-aid4th of c’eive return-ms of suciu surveys, n-me sin-all July, 1776, sIn-all be, and timey an-’e there- appear t~mn-inun-, to in-ave been-u faithfully by coisfurmeci, ratified and established an-md regularly made, fl-am time late- depu- forever, ~ l.y-sun-’yeyom’s, fqr such fun-timer period, Now, tin-on-n-gin- time lflcat’10n8 sun-n-st be an- to in-bin- n-hall se-emjust and reason-n-- entered befon-’e n-in-st day, time-re are n-ia n-~ie-.Theplain-still’, to intitle himself to words wisie-is limit tin-e .run’veyn- to that n-be benefitof thin- law, must evince the period. Tine- terms n-n-re “by virtue of regularity of his survey. Tine Surveyor- an-ny deed, patent, warrant, or surn-n-çy.” General~by his certificate, has disap- Time words “or otln-crsvis’e” have some proved, and zn-ut approved of these re- meaning, and can refer to nothing, but turn-n-n-, to some supposed or implied defectof Theact of 4th of September, 1793, power in tine late proprietary officers. dis’ecia, that all return-n-s of surveys, ac- The distinction-n- made between-n- time lands tn-n-ally executed n-le-e-e- time 4th of July, claimed by individuals, and by the late 1776, by deputy-surveyors, nader legal proprietam’ies, in their privatecapacities, appoin-n-tmen-n-tr, n-hall be received in time must strike eve-my reasonable mind, To Le-n-md.Office, though- time deputies mn-my vest an interest ‘n-n time latter, survey~ n-n-on- be in-n -office at tine time of time re- must ln-an-’e- bce-n made an-un-I returned be- tun-’n made; provided tin-cyhmave n-n-otbe-en fon-’e a certain day, but in tine- former zumore than nine yearn- on-mt ofoffice, case, time legislature an-’e wholly allen-at, To inn-tithe a party to time return of sur- audit may fairly be concluded, that any veys contemplated by usia law, tn-hey mn-n-It survey made for aprivate person, pre- In-ave been actually execn-uted by deputy-sue-- vious to time passing ofthat act, by an-u veyosn-n-, ‘wln-ils’t they acted uimdfr legal ap- wiuucen-’ n-ic facto, would be goos~and va- ~uQiustn-n-n-en-n-ts,Now ~~n-o,~n-n-Lukens”. power, lid. Tine- law favours the act~on-f pee- as Sun-’veyor-Ge~n-erah,en-n-pie-ed, beyon-n-d all san-ms ‘in reputed authority. To re-con-- qn-n-en-uion, under time law of Seth of Jan-n-m- cm-ic n-Ate minds of time peopleto time mea ary, 1777; and bin-~eputen-ionain-sn-at have n-n-n’e n-if taking fran-n-n- the late proprn-n-e. ce-n-n-ed of course. It is evident, therefore, tat’ie-n- tin-em, interest and pm’opei’tyiA the that C1n-w*s in-n-ken. e-~n-uldIn-ave n-ma pe-wer n-oil, it became necessary to use atn-n-on~ ~o make a survey of vacant iae-ds, in-n- exprean-iomn-n- in tine law, time-re-by se-dun-:- April, 1777, and that 7on-eph Wa//in-, win-a log all time rights and clam-na of me-Ui-’ ~cte4 under him, could have ~n-ogreatet -vicimn-nmi citizen-ms. A mortgage made on-n- ~uth~ity than in-In- prin-mcipn-i. tin-e20dm of June, 1776, acknowledged The le-gisiature in their act çf 9th- of time Sn-Am of July, un-nd recorded .on the 3d April, 1731, jmn-n-tify and san-me-n-ion-s the acts of November, 1776, was lie-id good and oftime proprietary officers, in the granting valid; an-sd on-me of time reasonn-s given by of lands, n-n-p to time iOn-in- of December, tine court, was, tIn-atall transactions in-i 1776, but mn-a fun-rn-In-ar, ~t ‘is thei~eforesub- the Land-Office, an-md odin-n-n-’ offices, dmiu’- nm’n-tted, that tln-en-e- surveys were macic n-n-n-g tin-c in-n-terregmn-um, whn-i~lm were un- ‘wmthout autIn-orimy, a,nd can-n-n-n-on- amount t~ themselves fain-’ n-mn-n-fl imonme-st, in-ave inn-u- ~Zn-Appropriationof any iann-çis; an-md eon- for--slyhe-en con-n-sidcre-das valid, for the sen-in-n-en-n-thy, that timey ought not to in-c zece~v-sake of public convenience. 1 Dail~,s, n-U n-n-s evidence, 436, 438. Th~plaintiff’s con-mn-n-n-el urged, that at Tlse reason-n- winy sun-’veys were Un- SUSY J~.tCthe surveys were eviulnn-n-n-ce, tçn- ,sin-cw tIn-,n-t the persons n-sow sun-in-mg, prose- rected to be i’etmurn-n-ed to the Secretary CUted n-he-un-’ tie-in-n-n -toian-n-ds, which were be- of time Executive Council, was mn-ser.ly gun to be surveyed in 1773, and tin-n-ut they 00 se-count of the Land,Office being never lost sn-gin-n- of their object. n-in-ut. Time law of November, 1779, has very Tine act of 9th of April, 1781, cure-a general n-n-n-md extensive words. It declares, time 4efect in time pin-Inn-liPs title in-n- not that, “n-n-il and every the riglmts, title-n-n-, retn-nm’ning these surveys to tin-n-s secre- -estates, claims and de-mands, winich tary’s office. If time surveys ‘were re- were gran-sted by, on- derived from time turnedin-n -n-n-inemonths from time passing n-an-d. Proprietarie-s, time-it’ office-n’s, on-’ oftin-at law, it in- n-ufficient. It was not sn-tin-cr- by them duly commissioned and isecessary n-i-an-time surveyors n-hon-n-lUre-- appon-nted, on-’ oMerwi8e, or to ‘which any turn the surveys with their own lmae-dn-. ~pen-’somn-or persons, on-in-en- tin-an-n- t~n-en-n-aid. Tin-c party interested. n-nay well do i~t pn-n-n-,prn-etarien-, were, or n-n-rein-n-titled, for 1-mm; tin-isis known-i to be acustom- thin-mg. the surveys lodged either n-nm law on-’ cqn-nity, or by virtue of ai’y If were in tin-c office before the 9th of n-Jan-navy, 260

1784. 1782, tin-crc was no occasion for tine Papers fotnnd in the office of’ time dc.’ ~ Suu’veyon-’.General to exe-rcise any din-- puty.smmm’veyor oftime d’n-stn-’ict, and in hi— cn-’etionn- in-n -timebusiness. His cen-’tificate iuand.writin-n-g, n-nay be- given-n -inevidence, at this time -canneutime-m’ dimin-m’n-sh, nor to impeach in-is return of survey. But add weigh-n- to time sunu’veys. They were sn-n-cit papers sin-ould be treated witim due bun-nd duly re-tun-’nedinto In-is office, and caution-n-, and consideration in-n-ud of all the deriveauthority from tin-at circumstan-n-ce. attein-dant circumstance-s. S:n- rn-tied, in-n- Tine intention of the Ieg’n-slatuu’e, n-n-n- time Lessee of 4dan-n-ze v, Good(an-zder n-sod pa~sin-mg the law of 4th September, olIn-cr-, .2n-Torthun-n berlan-n-d, May, 17Y8, be- 1793, was to case tin-e citizens of time- fore S/uippen-z an-md 2~atee,Justices. (MSS. exp’n-sses of’ new n-n-n-rveyn-m. C/zarlcr Liz- Re-pan-tn-.) - kenn-’ dTd act un-n-icr a legal appointn-n-n-cn-n-t: Letter of a deputy-surveyor-tn in-is an-- •~n-ep1zW’allis did btn-s~ne-n-snn-n-n-der inim ; sian-ant, to n-n-un-ken- survey, is gon-n-cL prima n-mn-n-d n-t would be n-tn-ended. with time most j’acic e-vidence, tinougin- not proved to pernicious con-n-sequences, to lay down In-ave -been delive-n-n-n-d,n-nd time surve-yhas time doctu’inne, tin-at all n-lie- acts of deputy- been made after time den-tin- of the depu- sn-rve-yarafrom time 10th of December, ty-sun-’ve-yor, bunt which c’n-vcumstamce 1776, to 27th of November, 1779, were the assistant may not have known; but use-rely von-fl an-sd of none- effect, it may be repelled by ntmuer pn-’oof. Time The Court decIan’ed tin-eli’ opin-mionm, n-n-uthn-ority of such- assistant n-In-on-n-Id not that time sumn-’veys offere-d in-s evidence, be too n-n-icely scrutinized after a great -did not appear to be en-tee-n-n-ted by a lapse of time-. fltll’: lesn-e-e v- Lever.r, proper officer, ~mn-1n-il~the acted under a Northampton, Jun-se 1800. (MSS. Re- legalappointment. A m~dehad be-en proS. ports,) S. C. 4 Dallas, 210 vide-dby time act of n-n-ssembiy of 17th And, in tine Lessee of Armstrong v~ of Mare-in-, 1780, by whicim they mnglnt Morgan, Hn-#n-tingdon, May 11303, be-foes have been rendered legitimate; but tine 2i’ute~and Smith, ,~,n-sticesn- (MSS. Re- -dine-en-ions of’ that law not imn-uvin-sg bee-n ports.) Tin-c plain-n-n-n-if’s con-un-mn-el stated, pn-n-rsued, by a retn-n-rn-m into tin-e office of tin-ar m-is claim depended on n-u written -the seoretan’y oftin-u Sn- n-In-re-me Executive on-’clen-’, signed by Ricln-ard Peter.n- En-q. Council, no sn-n-ce-ceding law, tin-at timey din-n-me-ten-i.to CaL ,7o/zn-z Arn-nn-tron-n-g, to sur- -knew of, cured the defect of pn-’open-’ n-mu- vey to Georgecrogan faq. 4000 umcu’es on thon’in-y in-,~oaep/zWa/lie, who made the Aug/n-wick, ~un-niata,an-id Dunning’:creek, surveys. Con-n-sequentiy, the surveys in 1761. That the said written on’der con-mid n-mat be n-’e-ceived in evidence oftin-e was afterwards bun-’nt in tin-e in-on-n-se of appropriation of vacant lande, but on-sly Cot, Armnn-tron-ug, in 1763 Bun-n-the- sn-nrvey as merely pursuing and oontinuing tine so made, was recited inn- a pn-tent to claim of theìparties. The court, how- ~famee Foley, for another pant of tine ever, invited time plaintiff’s counsei, to ian-id, ‘ito imave been made by tin-e con- require- tin-at the point. mught be -reserv- sent and direction-n- n-n-f’ the- prnpn-’ietan’ien- ed fur furtlmer in-westigation, whnich was for George Crogln-an-~n-.n-n- tim-eu’ sbme-wmn-n-g dorn-e accordingly. ‘win-’ncin-, th-ey olièu’ed to prove time con- The plaintiff n-hen gave evidence of tents of the said written ordeu’ by parol in-aving paid ~/o:eplzWa/lie ~. 127 2n-. 6d. evidence: an-id that time I.hndOfilce In-ad by his receipt, bearing date 9th of been searched, but no vestiges of tln-e April, 1778, for stn-rveying sundry tracts written order could be- found. Thin- ofland, and making a draft oxtu’aon-’di- evidence waq objected to. - nman-’y: n-nd a general uln-’aft made by Wa/- 13y the Court ‘Fin-e- objection-n- made, lie, con-n-n-n-ecting twe-nty-five surveys n-a- goes rn-tin-e-n-’to tin-n-n- open-’ation tn-i’ tin-e evi- ge-timer, was offered in eviden-n-ce, an-sd dence offered, tin-an to its admissibility. excepted to, Tin-egre-atrn-tie of eviden-n-ce is, tin-at non-n-c By tln-e Court. If tin-is paper is offered n-in-all be admitted wimicim supposes su- n-us c-viden-n-ce of an-n- officin-mi n-uu’vey, we perior evidence be-bin-md. in the power of must n-’e,~’ctit, to preserve con-n-sin-ten-icy the party. If n-un in-mstn-’tument be lost, iii our opinion-n-: bn-tt if’ it is offen-’ed as af’ten’ proving tin-at it did once exist, it e-,ritten-zdeclaration-zn-of Wa/lie,to strengths- mn-may be proved by n-u copy; on-’ if then-’e -en-s, or weaken in-is an-eem’tion-n-s before time be none sue-in-,by witnesses civa e-n-n-ce. Boan’d of Property, in the presence of Tine law fun-n’ necessity admits that, tine pun-rn-n-es, it may be admitted for tin-an-e which -ofalltin-in-mg’s in-most abluorn-, parol ‘JTun-rposes, but no fui’timn-’. It cannot be evidence of de-eds, Eve-nthe copies of made use of to establish an-uy mile-pen- n-’e-cords which have been-s lost, may be den-it fact. Time court finally declan-’ecl, give-nin evidence, tin-on-n-gb not proved” In-n-depen-n-de-nt of time merits, tin-at the to be (rn-ne copies. In-is admitted tin-at all plaintiff con-n-Id not recover; for want of tine official papers of Cal. Armetrotng an official survey: an-n-d tine- verdict was were bnn-n-ned in 1763, and tin-is order for the defendant; which wan- acqui-. anusn- be presumed to in-ave been amongst n-seed n-rn-, - - them. Tue Land-Office has beers 2~1

searched, &c. n-n-othing remains in the- veyon-’-Genen-’al sin-all in-n-i autin-orizcc’J tn-n- I784. plaintiff’s powe-n-’,cxcept time parc-i e-vi- issue certificates of an-my enn-tn-’y on-’ en-mn-vie-n- dence -offered, whicmn- on-n-gin-n- to be n-’e- in tise books of accounts heretofore- kept eeiyed, and its opeuwt’n-on-s weigined dis- by the -Surve-yor-General, can-n-tainin-n-g passionate-ly. entries of the time of bn-’mn-iging into his - For other matters n--elating to sn-n-rveys, office any sn-urvey or surveys made in-y and titles to lands. See tin-c notes to the isis deputies, or any of’ time-rn, an-nd tin-n-s limitation act, post. cisarges the-rein made n-mgain-ist them or The reader is further referred to time eitin-er of tin-em, as acce-ptan-n-ce fees fun’ end of time appendix in-n the 4tis volume, tin-c sn-me-,unde-rtine seal of in-is office, wIn-crc an-n-y addition-n-al cases on tine sn-mb- and to receive time- usn-mal fee Ion-’ sue-it ,jec-t win-kin- may Inereaften-’ he de-e-in-led, cen-’tiflcn-mte, for wi-ldshe n-In-all n-ce-on-n-n-st wuhi be n-moticed; ann-d an-my e-rrorsin tine to tin-e commonwealth; and n-lie -cen-tili- prn-mccdin-ug notes win-id- may ace-umu~ to en-to so issued n-in-all be de-emedn-nd ad- the editon-’, or be poin-nted out by otlnen-’~, mitted n-n-s legal evidence in any court will be corn’ecued. win-in-in tin-is cn-rnmoun-wealtli, an-my law or It remains oniy tn-n- nnticean-m act of as- cn-n-stu,nn- to tin-c con-n-trn-ry n-motwithstann-d- se-nobly passe-d, 19th of n-~marcln,1804, ing. Ce-in-n-n-p. 2451,) entitled “An-s act en-n-. Tin-n-n-re an-’e n-mo books of tin-e n-mature •joining cen-’tain-n- dun-n-es on time Sun-n-’veycn-r- above circe-rn-bed, in time Lan-sd-Office, Gen-n-erai,n-’ svhiclm enacts, tin-at tin-c Sur- prior to ~u/n-nLuk~n-n-n-’~tinnç~

CILiPTEE MLXXXVUL -

4n ACT confirnn-in,~’an a,~’s-t’emcnt,entered into between th~.state and tire .ttate of Virginian SECT. ii. WIIEREAS George Bryan, John Ewing and David Rittenhouse were duly ~ppointed conimissioners on behalf of tin-is commonwealth, and fully authorized to meet and agree with other commissioners on-s the part of Virginia, upon the we-ste-n--n boummdary, and ‘m~herensthe said George Bryan, John Ewing and David Rittenhotn-se, in pursuance of the said. trust and power, did, on the thirty-first day of August, one thousand seven hundn-’ed and seventy-nine, meet certain commissioners on the part of Vh’ginia, to wit, James Madison and Robert Ancirews, and an ngrccmin-t was the-in- entered into, concluded and, signed, by and between the said commissionei-s, on the part of their respective states, by whom they were for the purpose aforesaid delegated, which agreement was, upon the twenty-third day of September, one thousand se-ye-n humidred and eighty, unanimously confirmed by this commonwealth, a~follows : Resolved, That although the conditions annexed by n-tvn-itn-i. the legislature of Virginia to time ratification of the boundary line, a~reedto by the commissioners of Pennsylvania and Virginia, on the thmrty-first of August, one thousand seven hundred and seventy- nine, may tend to countenance- some unwarrantable claims which may be made under the state of Virginia, in consequence of pretended purchases or settlements, pending the controversy; yet this state, determining to give to the won--Id the most unequivocal proof of their earnest desire to promote peace and harmony with a sister state, so necessary during this great contest against the conTmon enemy, do agree to the conditions proposed by the state of Virginia, n-n their resolves of ihe twenty-third day of June 1~st,to wit, That the agreement macic on the thirty-first day of August, one thousand ~mevenhn-.mcb-ccl and seventy-nine, between James Madison anti