Pennsylvania Act 1779-863 (session 1) — LANDS OF PROPRIETARIES (PENN) VESTED IN COMMONWEALTH

Act text

LANDS OF PROPRIETARIES (PENN) VESTED IN COMMONWEALTH
                       Act of 1779, 1 Sm.L. No. 863                   Cl. 68
                                  AN ACT

     For vesting the estates of the late proprietaries of
        Pennsylvania in this commonwealth.
        Section 5.  Be it therefore enacted, and it is hereby
     enacted, That all and every the estate, right, title, interest,
     property, claim and demand of the heirs and devisees, grantees
     or other, claiming as proprietaries of Pennsylvania, whereof
     they or either of them stood seised, or to which they or any of
     them were entitled, or which to them were deemed to belong, on
     the 4th day of July, in the year of our Lord 1776, of, in or to
     the soil and land contained within the limits of the said late
     province, now state of Pennsylvania, or any part thereof,
     together with the royalties, franchises, lordships and all other
     the hereditaments and premises comprised, mentioned and granted
     in the same charter or letters patent of the said King Charles
     the second (except as herein after is excepted), shall be and
     they are hereby vested in the commonwealth of Pennsylvania, for
     the use and benefit of the citizens thereof, freed and
     discharged, and absolutely acquitted, exempted and indemnified
     of, from and against all estates, uses, trusts, entails,
     reversions, remainders, limitations, charges, incumbrances,
     titles, claims and demands whatsoever, from, by or under the
     said charter or letters patent, or otherwise, as fully, clearly
     and entirely as if the said charter or letters patent, and the
     estates, interests, hereditaments and premises therein
     comprised, mentioned and granted, and all other the estate,
     right and title of the said proprietaries, of, in and to the
     same premises, were herein transcribed and repealed.
        Section 6.  And be it further enacted, That the said soil and
     lands, hereditaments and premises, and every part and parcel
     thereof (except as is herein excepted) from and after the date
     hereof, shall be subject to such disposal, alienation,
     conveyance, division and appropriation, as to this or any future
     legislature of this commonwealth, shall from time to time seem
     meet and expedient, in pursuance of such law or laws as shall
     for that purpose hereafter be made and provided.
        Section 7.  Provided always, and be it enacted, That all and
     every the rights, titles, estates, claims and demands which were
     granted by or derived from the said Proprietaries, their
     officers, or others by them duly commissioned, authorized and
     appointed, or otherwise, or to which any person or persons,
     other than the said Proprietaries, were or are entitled, either
     in law or equity, by virtue of any deed, patent, warrant or
     survey, of, in or to any part or portion of the lands comprised
     and contained within the limits of this state, or by virtue of
     any location filed in the Land Office, at any time or times
     before the said 4th day of July, in the year of our Lord 1776,
     shall be and they are hereby confirmed, ratified and established
     forever, according to such estate or estates, rights or
     interests, and under such limitations and uses, as in and by the
     several and respective grants and conveyances thereof are
     directed and appointed.
        Section 8.  Provided also, and be it enacted, That all and
     every the private estates, lands and hereditaments of any of the
     said Proprietaries, whereof they are now possessed, or to which
     they are now entitled, in their private several right or
     capacity, by devise, purchase or descent, and likewise all the
     lands, called and known by the name of the proprietary tenths or
     manors, which were duly surveyed and returned into the Land
     Office on or before the 4th day of July, in the year of our Lord
     1776, together with the quit or other rents and arrearages of
     rents reserved out of the said proprietary tenths or manors, or
     any part or parts thereof, which have been sold, be confirmed,
     ratified and established forever, according to such estate or
     estates therein, and under such limitations, uses and trusts, as
     in and by the several and respective reservations, grants and
     conveyances thereof, are directed and appointed.
        Section 9.  And be it further enacted, That all and every the
     quit-rents which at any time or times heretofore have been
     reserved in and by any warrant, patent or other conveyance of
     lands or other hereditaments, from, by or under the said
     proprietaries, their officers, or others by them commissioned
     and appointed, and all and every the dues and arrearages of
     quit-rents, and arrearages of purchase moneys for lands, not
     within the tenths or manors aforesaid, or which at any time or
     times heretofore have been deemed or taken to be due and in
     arrear, other than the quit or other rents reserved within the
     proprietary tenths or manors before mentioned, shall from
     henceforth cease and determine; and the same lands and other
     hereditaments shall be held free and discharged therefrom, and
     from the payment thereof, forever.
        Section 10.  Provided always, and be it further enacted, That
     in order to preserve equality among the purchasers of land under
     the said late Proprietaries, the said arrears of purchase money,
     other than for lands within the said tenths and manors, shall be
     accounted to be due and payable to the commonwealth.
        Section 11.  And be it further enacted, That all and every
     law or laws, act or acts of assembly, heretofore made and
     enacted by the legislature of the province of Pennsylvania, or
     such parts and clauses thereof, by which any right, title or
     claim, power or authority, is or are given or granted, ratified
     or established in the said proprietaries or any of them, their
     or any of their officers or servants, of, in or to any of the
     estates, lands or other hereditaments herein and hereby vested
     and confirmed, or meant to be hereby vested and confirmed in
     this commonwealth, for the use and benefit of the citizens
     thereof, or of, in or to the quit-rents and purchase money and
     arrearages thereof, or of, in or to any portion thereof herein
     and hereby released, discharged and abolished, or meant so to
     be, be and are hereby annulled, revoked and repealed.
        Section 13.  Be it therefore enacted, That the sum of one
     hundred and thirty thousand pounds, sterling money of Great-
     Britain, be paid out of the treasury of this state, to the
     devisees and legatees of Thomas Penn and Richard Penn, late
     proprietaries of Pennsylvania, respectively, and to the widow
     and relict of the said Thomas Penn, in such proportions as shall
     hereafter by the legislature be deemed equitable and just, upon
     a full investigation of their respective claims.