7, for "of a bond" read on a bond. 27, for "does appear" read does not appear. 27, for "plaintiff" read defendant. 28, for "Baltimore" read Maryland. 12, for "first case" read first place. 35, for "on" read no. 22, for "an" read on. 33, erase the words " to this court." SUPREME COURT U. S. FEBRUARY TERM, 1805. HUIDEKOPER'S LESSEE v. DOUGLASS.* THIS was a case certified from the Circuit Court of the United States, for the district of Pennsylvania, in which the opinions of the judges of that court were oppo sed. the The action was an ejectment to try the title of "Holland Company" to a very large tract of land in Pennsylvania, lying north and west of the rivers Ohio and Alleghany, and Conewango creek, purchased of that state under the act of Assembly of the 3d of April, 1792. Which act is as follows, viz. Under the act of Pennsylvania, of 3d for the sale April, 1792, of the vacant lands, &c. the grantee, by warrant of a tract of land, An Act for the sale of the vacant Lands within this Com- lying north monwealth. and west of the rivers Ohio and Al leghany, and Cone wango Creek, who by force of Whereas, the most valuable lands within this Commonwealth, included within the purchase made from the native Indians in the year one thousand seven hundred and sixty-eight, have been taken up, located, and appropriated arms of the * Present, Marshall, Chief Justice; Cushing, Paterson, Washington and Johnson, Justices. Vol, III, B enemies of the United Stalls, was V. HUIDEKO for the use of divers purchasers, at prices heretofore esPER'S LESSEE tablished by law, and those which remain unsold and unDOUGLASS. 'Settled, being inferior in quality or situation, cannot be sold at the same prices: And whereas the prices fixed by law for other lands belonging to the commonwealth are found to be so high, as to discourage actual settlers from purchasing and improving the same: prevented from settling and improv ing the said Iand for the space of two years from the date of his warrant, but during that time persisted in his endeavours to make such settlement and improve ment, is excused from making such actual settle ment as is de. scribed in the ninth section of the act, and the war rant vests in such grantee a fee-simple. Section I. Be it therefore enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the price of all the vacant lands within the limits of the purchase made of the Indians in the year one thousand seven hundred and sixty-eight, and all preceding purchases, excepting always such lands as have been previously settled upon or improved, shall be reduced to the sum of fifty shillings for every hundred acres ; and the price of vacant lands, within the limits of the purchase made of the Indians, in the year one thousand seven hundred and eighty-four, and lying east of Alleghany river and Conewango creek, shall be reduced to the sum of five pounds for every hundred acres thereof; and the same shall and may be granted to any person or persons applying for the same at the price aforesaid, in the manner and form accustomed under the laws heretofore enacted, and now in force. Sec. II. And be it further enacted by the authority af resaid, That from and after the passing of this act, all other lands belonging to this commonwealth, and within the jurisdiction thereof, and lay ing north and west of the rivers Ohio and Alleghany, and Conewango creek, excepting such parts thereof as heretofore have been, or hereafter shall be, appropriated to any public or charitable use, shall be, and are hereby, offered for sale to persons who will cultivate, improve and settle the same, or cause the same to be cultivated, improved and settled, at and for the price of seven pounds ten shillings for every hundred acres thereof, with an allowance of six per centum for roads and highways, to be located, surveyed, and secured to such purchasers, in the manner herein after mentioned. |