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the husband, guardian, or next friend will agree with the commissioners, or any two of them, then an effectual division may be made by consent; and in case of contrary claims, if the claimants will not jointly agree, the commissioners may proceed as if the proprietor was absent; and all persons to whom allotments and assignments of lands shall be made by the commissioners, or any two of them, on consent and agreement, or pursuant to this act without consent, shall hold the same in their former estate and interest, and in lieu of their former quantity, and subject in every respect to all such limitations, conditions, and incumbrances as their former estate and interest were subject to, and as if the same had been actually re-conveyed, pursuant to the said deed in trust.*

4. That where the proprietor or proprietors, possessor or possessors, of any lands within the limits of the city of Washington, or within the limits of Carrollsburgh or Hamburgh, who have not already, or who shall not within three months after the passage of this act, execute deeds in trust to the aforesaid Thomas Beall and John M. Gantt of all their lands within the limits of the said city of Washington, and on the terms and conditions mentioned in the deeds already executed by Notley, Young, and others, and execute deeds in trust to the said Thomas Beall and John M. Gantt of all their lots in the towns of Carrollsburgh and Hamburgh, on the same terms and conditions contained in the deeds already executed by the greater part of the proprietors of lots in the said towns, the said commissioners, or any two of them, shall and may, at any time or times thereafter, issue a process directed to the sheriff of Prince George's County, commanding him in the name of the State to summon five good, substantial freeholders, who are not of kin to any proprietor or proprietors of the lands aforesaid, and who are not proprietors themselves, to meet on a certain day at a certain place within the limits of the said city, to inquire of the value of the estate of such proprietor or proprietors, possessor or possessors, on which day and place the said sheriff shall attend, with the freeholders by him summoned, which freeholders shall take the following oath or affirmation on the land to be by them valued, to wit: "I, A. B., do solemnly swear (or affirm) that I will, to the best of my judgment, value the lands of C. D., now to be valued, so as to do equal right and justice to the said C. D. and to the public, taking into consideration all circumstances," and shall then proceed to value the said lands; and such valuation, under their hands and seals, and under the hand and seal of the said sheriff, shall be annexed to the said process, and returned by the sheriff to the clerk appointed by virtue of this act, who shall make record of the same, and the said lands shall, on the payment of such valuation, be, and is hereby, vested in the said commissioners in trust, to be disposed of by them or otherwise employed to the use of the said city of Washington; and the sheriff aforesaid, and freeholders aforesaid, shall be allowed the same fees for their trouble as are allowed to a sheriff and jurymen in executing a writ of inquiry; and in all cases where the proprietor or possessor is tenant in right of dower, or by the courtesy, the freeholders aforesaid shall ascertain the annual value of the lands and the gross value of such estate therein, and upon paying such gross value, or securing to the possessor the payment of the annual valuation, at the option of the proprietor or possessor, the commissioners shall be, and are hereby, vested with the whole estate of such tenant, in manner and for the uses and purposes aforesaid. 5. That all the squares, lots, pieces, and parcels of land within the said city, which have been or shall be appropriated for the use of the * See 1793, ch. 58, sec. 3.

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United States, and also the streets, shall remain and be for the use of the United States; and all the lots and parcels which have been or shall be sold to raise money as a donation, as aforesaid, shall remain and be to the purchasers according to the terms and conditions of their re.spective pureliase; and purchases and leases from private persons claiming to be proprietors, and having, or those under whom they claim having, been in possession of the lands purchased or leased, in their own right, five whole years next before the passing of this act, shall be good and effectual for the estate, and on the terms and conditions of such purchases and leases respectively, without impeachment and against any contrary title now existing; but if any person hath made a conveyance, or shall make a conveyance or lease, of any lands within the limits of the said city, not having a right and title to do so, the person who might be entitled to recover the land under a contrary title now existing, may, either by way of ejectment against the tenant or in an action for. money had and received for his use against the bargainer or lessor, his beirs, executors, administrators, or devisees, as the case may require, recover all money received by him for the squares, pieces, or parcels appropriated for the use of the United States, as well as for lots or parcels sold and rents received by the person not having title as aforesaid, with interest from the time of the receipt; and on such recovery in ejectment, where the land is in lease, the tenant shall thereafter hold under, and pay the rent reserved to the person making the title to and recov ering the land; but the possession bona fide acquired, in none of the said cases, shall be changed.

6. That any foreigner may, by deed or will hereafter to be made, take and hold lands within that part of the said territory which lies within this State, in the same manner as if he was a citizen of this State, and the same lands may be conveyed by him, and transmitted to, and be inherited by, his heirs or relations, as if he and they were citizens of this State: Provided, That no foreigner shall, in virtue hereof, be entitled to any further or other privilege of a citizen.

7. That the said commissioners, or any two of them, may appoint a clerk for recording deeds of lands within the said territory, who shall provide a proper book for the purpose, and therein record, in a strong, legible hand, all deeds duly acknowledged of lands in the said territory, delivered to him to be recorded, and in the same book make due entries of all divisions and allotments of lands and lots made by the commissioners in pursuance of this act, and certificates* granted by them of sales, and the purchase-money having been paid, with a proper alphabet, in the same book of the deeds and entries aforesaid; and the same book shall carefully preserve, and deliver over to the commissioners aforesaid, or their successors, or such person or persons as Congress shall hereafter appoint; which clerk shall continue such during good behavior, and shall be removable only on conviction of misbehavior in a court of law; but before he acts as such he shall take an oath or affirmation well and truly to execute his office; and he shall be entitled to the same fees as are or may be allowed to the clerks of the country courts for searches, copying, and recording.t

[The above section has been superseded by law of Congress establishing courts, and afterward by establishing the office of register of deeds.] 8. That acknowledgments of deeds made before a person in the manner and certified as the laws of this State direct, or made before and

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certified by either of the commissioners, shall be effectual; and that no deed hereafter to be made of or for lands within that part of the said territory which lies within this State shall operate as a legal conveyance, nor shall any lease for more than seven years be effectual unless the deed shall have been acknowledged as aforesaid, and delivered to the said clerk to be recorded within six calendar months from the date thereof.*

9. That the commissioners aforesaid, or some two of them, shall direct an entry to be made in the said record-book of every allotment and assignment to the respective proprietors in pursuance of this act.

10. And for the encouragement of master-builders to undertake the building and finishing houses within the said city, by securing to them. a just and effectual remedy for their advances and earnings: Be it enacted, That for all sums due and owing, on written contracts, for the building any house in the said city, or the brick work, or carpenters or joiners' work thereon, the undertaker or workmen employed by the person for whose use the house shall be built shall have a lien on the house and the ground on which the same is erected, as well as for the materials found by him: Provided, The said written contract shall have been acknowledged before one of the commissioners, a justice of the peace, or an alderman of the corporation of Georgetown, and recorded in the office of the clerk for recording deeds herein created, within six calendar months from the time of acknowledgment as aforesaid; and if, within two years after the last work is done, he proceeds in equity, he shall have remedy as upon a mortgage, or if he proceeds at law within the same time, he may have execution against the house and land, in whose hands soever the same may be; but this remedy shall be considered as additional only, nor shall, as to the land, take place of any legal incumbrance made prior to the commencement of such claim.

[The foregoing section has been superseded by acts of Congress. act of February 2, 1859, Statutes at Large, volume 2, page 376.]

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11. That the treasurer of the western shore be empowered and required to pay the seventy-two thousand dollars agreed to be advanced to the President by resolutions of the last session of assembly, in sums as the same may come to his hands on the appointed funds, without waiting for the day appointed for the payment thereof.

12. That the commissioners aforesaid, for the time being, or any two of them, shall, from time to time, until Congress shall exercise the jurisdiction and government within the said territory, have power to license the building of wharves in the waters of Patowmack and the Eastern Branch, adjoining the said city, of the materials, in the manner, and of the extent they may judge durable, convenient, and agreeing with general order; but no license shall be granted to one to build a wharf before the land of another, nor shall any wharf be built in the said waters without license, as aforesaid; and if any wharf shall be built without such license, or different therefrom, the same is hereby declared a common nuisance. They may also, from time to time, make regulations for the discharge and laying of ballast from ships or vessels lying in Patowmack River above the lower line of the said territory and Georgetown, and from ships and vessels lying in the Eastern Branch. They may also, from time to time, make regulations for landing and laying materials for building the said city, for disposing and laying earth which may be dug out of the wells, cellars, and foundations, and for ascertaining the thickness of the walls of houses, and to enforce the observance of all *By November, 1792, chapter 59, deeds so recorded shall be as valid as if also recorded in the manner prescribed by law before the passage of this act.

such regulations by appointing penalties for the breach of any one of them, not exceeding ten pounds current money, which may be recovered in the name of the said commissioners, by warrant, before a justice of the peace, as in case of small debts, and disposed of as a donation for the purposes of the said act of Congress; and the said commissioners, or any two of them, may grant licenses for retailing distilled spirits within the limits of the said city, and suspend or declare the same void; and if any person shall retail or sell any distilled spirits, mixed or unmixed, in less quantity than ten gallons, to the same person, or at the same time actually delivered, he or she shall forfeit for every such sale three pounds, to be recovered and applied as aforesaid.

[The foregoing section has ceased to be operative by lapse of time and by reason of the United States Government having taken charge of the District.]

13. That an act of assembly of this State* to condemn lands, if neces sary, for the public buildings of the United States, be, and is hereby, repealed.

NOVEMBER, 1792.

A supplement to the act entitled "An act concerning the territory of Columbia and the city of Washington."

Whereas doubts have arisen upon the act to which this is a supplement, whether it be essential to the validity of deeds and other conveyances of lands in that part of the territory of Columbia which lies within this State, that the same be recorded in the manner prescribed by the laws of this State before the passage of the said act; to remove which doubts,

Be it enacted, That all deeds and other conveyances of lands lying within the said territory, and recorded agreeably to the directions and provisions of the said act by the clerk appointed in the manner therein provided for the recording of deeds within the said territory, shall be as good, valid, and sufficient in law for the purposes of passing the estates therein mentioned, and for all other purposes, as if the same were also recorded in the manner prescribed by the laws of this State before the passage of the said act for the recording of deeds and other conveyances of land within this State.

NOVEMBER, 1793.

A further supplement to the actt concerning the territory of Columbia and the city of Washington.

1. That the certificates granted, or which may be granted, by the said commissioners, or any two of them, to purchasers of lots in the said city, with the acknowledgment of the payment of whole purchase-money, and interest, if any shall have arisen thereon, and recorded agreeably to the directions of the act concerning the territory of Columbia and city of Washington, shall be sufficient and effectual to vest the legal estate in the purchasers, their heirs and assigns, according to the im port of such certificates, without any deed or formal conveyance

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2. That on sales of lots in the said city by the said commissioners, or any two of them, under terms or conditions of payment being made therefor at any day or days after such contract entered into, if any sum of the purchase-money or interest shall not be paid for the space of thirty days after the same ought to be paid, the commissioners, or any two of them, may sell the same lots at public vendue, in the city of Washington, at any time after sixty days' notice of such sale, in some of the public newspapers of Georgetown and Baltimore town, and retain in their hands sufficient of the money produced by such new sale to satisfy all principal and interest due on the first contract, together with the expenses of advertisements and sale, and the original purchaser, or his assigns, shall be entitled to receive from the said commissioners, at their treasury, on demand, the balance of the money which may have been actually received by them, or under their order, on the said second sale; and all lots so sold shall be freed and acquitted of all claim, legal and equitable, of the first purchaser, his heirs and assigns.

3. That the commissioners aforesaid, or any two of them, may appoint a certain day for the allotment and assignment of one-half of the quantity of each lot of ground in Carrollsburgh and Hamburgh, not before that time divided or assigned, pursuant to the said act concerning the territory of Columbia and the city of Washington; and on notice thereof in the Annapolis, some one of the Baltimore, the Easton, and Georgetown newspapers, for at least three weeks, the same commissioners may proceed to the allotment and assignment of ground within the said city, on the day appointed for that purpose, and therein proceed at convenient times till the whole be finished, as if the proprietors of such lots actually resided out of this State: Provided, That if the proprietor of any such lot shall object in person, or by writing, delivered to the commissioners, against their so proceeding as to his lot, before they shall have made an assignment of ground for the same, then they shall forbear as to such lot, and may proceed according to the before-mentioned act.

4. That the said commissioners may make a seal of office of the clerk for recording deeds within the District of Columbia, which shall be kept by him; and that the like fees shall be paid for, and the like credit be given to, certificates under that seal, as to the like acts under the seal of a county court, and the said clerk shall be entitled to demand and receive his fees when the services enjoined him by this act, and the act to which this is a further supplement, shall be performed.

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