V. DOUGLASS. Sec. III. And be it further enacted by the authority HUIDEFOaforesaid, That upon the application of any person who PER'S LESSEE may have settled and improved, or is desirous to settle and improve, a plantation within the limits aforesaid, to the Secretary of the Land office, which application shall contain a. particular description of the lands applied for, there shall be granted to him a warrant for any quantity of land within the said limits, not exceeding four hundred acres, requiring the Surveyor-General to cause the same to be surveyed for the use of the grantee, his heirs and assigns, for ever, and make return thereof to the Surveyor-General's office, within the term of six months next following, the grantee paying the purchase money, and all the usual fees of the Landoffice. Sec. IV. And be it further enacted by the authority aforesaid, That the Surveyor-General shall, with the approbation of the Governor, divide the lands thus offered for sale into proper and convenient districts, in such manner as he may think expedient, so that the boundaries of each district,, either natural or artificial, may be known, and appoint one Deputy-Surveyor for each district, who shall give bond and security, as is customary with other Deputy-Surveyors in this Commonwealth, and shall reside within, or as near as possible, to his respective district; and every such DeputySurveyor shall, within sixty days next after his appointment, certify to the Surveyor-General, the county, township, and place, where such Deputy-Surveyor shall keep his office open, for the purpose of receiving warrants, in order that all persons who may apply for lands as aforesaid, may be duly informed thereof; and every Deputy-Surveyor, who shall receive any such warrant, shall make fair and clear entries thereof in a book, to be provided by him for that purpose, distinguishing therein the name of the person therein mentioned, the quantity of land, date thereof, and the day on which such Deputy Surveyor shall receive the same, which book shall be open at all seasonable hours to every applicant, who shall be entitled to copies of any entries therein, to be certified as such, and signed by the Deputy-Surveyor, the party paying one quarter of a dollar therefor. HUIDEKO PEA'S LESSEE V Sec. V. And be it further enacted by the authority aforesaid, That the Deputy-Surveyor shall, at the reaDOUGLASS. Sonable request and proper cost and charges of the respective grantees, in such warrants named, proceed to survey the lands in such warrants described, as nearly as may be, according to the respective priorities of their warrants; provided, that they shall not, by virtue of anv warrant, survey any tract of land, that may have been actually settled and improved prior to the date of the entry of such warrant with the Deputy-Survey or of the district, except for the owner of such settlement and improvement; and having perfected such surveys, shall enter the same in a book, to be kept by the Deputy Surveyor, and to be called the survey-book; and the same book shall remain in his office, liable to be inspected by any person whatsoever, who shall demand to see the same, upon the payment of eleven pence for every search; and the Deputy Surveyor shall cause copies of any such survey to be made out, and delivered to any person, upon the payment of one quarter of a dullar for each copy. Sec. VI. And be it further enacted by the authority aforesaid, That in making any survey by any LeputySurveyor, he shall not go out of his proper district to perform the same, and that every survey made by any Deputy-Surveyor withou: his proper district shall be void and of non effect; and the Surveyor-General and his deputies, are hereby severally directed and enjoined to survev, or cause to be surveyed, the full amount of land contained and mentioned in any warrant, in one entire tract, if the same can be found, in such manner and form, as that such tract shall not contain in front on any navigable river or lake, more than one hall of the length or depth of such tract, and o conform the lines of every survey in such manner as to form the figure or plot thereof, as nearly as circums.ances will admit, to an oblong, whose length shall not be greater than twice the breadth thercof; and in case any such survey should be found to contain a greater quantity of land, than is mentioned in the warrant on which it shall be made, so that such excess be not more than one-tenth of the number of acres mentioned. in such warrant, besides the usual allowance for roads and highways, the return thereof shall, nevertheless, be -admitted, under the warrant, provided the party procur HTIDEKO V. DOUGLASS. ing such return to be made, shall forthwith pay to the PER'S LESSEE Receiver-General of the Land office, the price or value of such excess or overplus land, at the same rate at which he paid for the land mentione in the warrant. Sec. VII. And be it further enacted by the authority aforesaid, That every Deputy-Surveyor to be appointed by virtue of this act shall, within the month of February in the next year, make and return into the office of the Surveyor-General, plots of every survey which he shall have made in pursuance of any warrant, connected together in one general draft, so far as they may be contiguous to each other, with the courses and distances of each line, the quantity of land contained in each survey, and the name of the person for whom the same was surveyed; and every succeding year he shall make a like return of the surveys made in the year preceding. Sec. VIII. And be it further enacted by the authority aforesaid, That the Deputy-Surveyor of the proper district shall, upon the application of any person who has made an actual settlement and improvement on lands, lying north and west of the rivers Ohio and Alleghany, and Conewango creek, and, upon such person paying the legal fees, survey and mark out the lines of the tract of land to which such person may, by conforming to the provisions of this act, become entitled by virtue of such settlement and improvement: Provided, That he shall not survey more than four hundred acres for such person, and shall, in making such survey, conform himself to all the other regulations by this act prescribed. Sec. IX. And be it further enacted by the authority aforesaid, That no warrant or survey, to be issued or made in pursuance of this act, for lands lying north and west of the rivers Ohio and Alleghany, and Conewango creek, shall vest any title in or to the lands therein mentioned, unless the grantee has, prior to the date of such warrant, made, or caused to be made, or shall, within the space of two years next after the date of the same, make, or cause to be made, an actual settlement thereon, by clearing, fencing and cultivating, at least two acres for every hundred acres contained in one survey, erecting thercon a messuage for the habitation of man, and HUIDEKO PER'S LESSEE V. residing, or causing a family to reside thereon, for the space of five yeurs next follow ing his first settling of the DOUGLASS. same, if he or she shall so long live; and that in default of such actual settlement and residence, it shall and may be taw'ul to and for this Commonwealth to issue new warrants to other actual settlers for the said lands, or any part thereof, reciting the original warrants, and that actual settlements and residence have not been made in pursuance thereof, and so often as defaults shall be made, for the time and in the manner aforesaid, which new grants shall be under and subject to all and every the regulations contained in this act. Provided always, nevertheless, That if any such actual settler, or any grantee, in any such original or succeeding warrant, shall, by force of arms of the enemies of the United States, be prevented from making such actual settlement, or be driven therefrom, and shall persist in his endeavours to make such actual settlement as aforesaid, then, in either case, he and his heirs shall be entitled to have and to hold the said lands, in the same manner as if the actual settlement had been made and continued. Sec. X. And be it further enacted by the authority aforesaid, That the lands actually settled and improved according to the provisions of this act, to whosesoever possession they may descend or come, shall be and remain liable and chargeable for the payment of the consideration or purchase money at the rate aforesaid, for every hundred acres, and the interest thereon accruing from the dates of such improvements; and if such actual settler, not being hindered as aforesaid, by death, or the enemies of the United States, shall neglect to apply for a warrant for the space of ten years after the time of passing this act, it shall and may be lawful to and for this Commonwealth to grant the same lands, or any part thereof, to other, by warrants, reciting such defaults; and the grantees, complying with the regulations of this act, shall. have, hold and enjoy, the same to them, their heirs and assigns; but no warrant shall be issued in pursuance of this act, until the purchase money shall be paid to the Receiver-General of the Land-Office. Sec. XI. And be it further enacted by the authority aforesaid, That when any caveat is determined by the PER'S LESSER V. Board of Property, in manner .heretofore used in this HUIDEKOCommonwealth, the patent shall, nevertheless, be stayed for the term of six months, within which time, the party DOUGLASS. against whom the determination of the Board is, may enter his suit at common law, but not afterwards; and the party, in whose favour the determination of the Board is, shall be deemed and taken to be in possession, to all the intents and purposes of trying the title, although the other party should be in actual possession, which supposed possession, shall, nevertheless, have no effect upon the title; at the end of which term of six months aforesaid, if no suit is entered a patent shall issue according to the determination of the Board, upon the applicant producing a certificate of the Prothonotary of the proper county that no suit is commenced, or if a suit is entered, a patent shall, at the determination of such suit, issue, in common form, to that party in whom the title is found by law; and in both cases, the patent shall be and remain a full and perfect title to the lands against all parties and privies to the said caveat or suit; saving, nevertheless, to infants, femes coverts, persons beyond sea, non compotes mentes, and others, under disabilities, their respective rights, until twelve months after such disabilities are removed. Sec. XII. And be it further enacted by the authority aforesaid, That no direct taxes shall be levied, assessed, or collected, for the use of this Commonwealth, upon or from any of the lands or tenements lying north or west of the purchase made of the Indians, in the year one thousand seven hundred and sixty-eight, or the personal estate found thereupon, for the full space or term of ten years, from and after the passing of this act. Sec. XIII. And be it further enacted by the authority aforesaid, That the following tracts of land shall be reserved for the use of the Commonwealth, that is to say, at Presqu'isle, forined by Lake Erie, the island or peninsula which forms the harbour, and a tract extending eight miles along the shore of the lake, and three miles in breadth, so as to include the tract already surveyed, by virtue of a resolution of the General Assembly, and the whole of the harbour formed by the said Presqu'isle, at the mouth of Harbour creek, which empties' into the |