Pennsylvania Act 1897-85 — UNPATENTED LANDS, PROVIDING COLLECTION AMOUNTS DUE COMMONWEALTH

Act text

UNPATENTED LANDS, PROVIDING COLLECTION AMOUNTS DUE COMMONWEALTH
                  Act of May 26, 1897, P.L. 101, No. 85               Cl. 68
                                  AN ACT

     Providing for the collection of the amounts due the Commonwealth
        for purchase money, interest and fees due on unpatented
        lands.

        Whereas, The General Assembly under and by virtue of the act
     approved the twentieth day of May, Anno Domini one thousand
     eight hundred and sixty-four, and its supplements, provide for
     an unpatented land lien docket for the entry of liens therein to
     secure the purchase money, interest and fees due the
     Commonwealth on unpatented lands;
        And Whereas, The lien dockets now on file in the Department
     of Internal Affairs show that there are many of these liens
     unsatisfied and, in the aggregate, a large amount of money still
     due the Commonwealth;
        And Whereas, It is impossible from the records on file to
     ascertain who are the present owners of the lands against which
     these liens are entered, therefore,

        Section 1.  Ascertainment of owners of land against which
     lien has been entered
        It shall be the duty of the secretary of internal affairs to
     ascertain so far as possible the owner or owners of the lands
     against which liens have been entered under the act of may
     twentieth, one thousand eight hundred and sixty-four, and its
     supplements, and to enforce collection of the amounts of money
     due the Commonwealth, by reason of the unpaid purchase money,
     interest and fees due on the lands heretofore sold by the
     Commonwealth, which now remain unpatented by reason of the
     unsettled accounts against such lands.  1897, May 26, P.L. 101,
     Sec. 1.
        Section 2.  Proceedings to collect liens
        If any person or persons owning such unpatented lands against
     which there have been entered liens, shall refuse or longer
     neglect to pay the said lien or that portion thereof which
     applies to the part of the original tract which such person or
     persons own, it shall be the duty of the secretary of internal
     affairs, after having satisfied himself as to the validity of
     the lien aforesaid, to take such action as he may deem proper to
     enforce the collection of the same, and for this purpose he is
     authorized to employ such assistance as he may deem necessary in
     the premises; or in case of refusal of any person or persons
     owning the lands against which such liens exist to pay the said
     amount due, the secretary of internal affairs may certify the
     amount of such claim of the Commonwealth to the Attorney
     General, whose duty it shall be to proceed to collect the amount
     due the Commonwealth by a scire facias sur liens, which shall be
     directed to the sheriff of the county wherein the land against
     which the lien is entered may be situated.  1897, Mar 26, P.L.
     101, Sec. 2.
        Section 3.  List of liens; contents
        It shall be the duty of the clerk to the board of property to
     make a list of liens as they may be required under this act for
     use in the collection of the moneys due the Commonwealth, to
     which list shall be added the name of the original warrantee,
     the number of acres of land covered by the lien, the location of
     the land as nearly as may be possible, the date of the entry of
     the lien, the amount thereof, including the fees and interest
     accrued thereon.  1897, May 26, P.L. 101, Sec. 3.
        Section 4.  Entry of satisfaction; certificate
        When the amount due the Commonwealth shall have been paid,
     satisfaction shall be entered on the lien docket in the
     Department of Internal Affairs, and a certificate, showing such
     payment and satisfaction shall be made under the hand of the
     Secretary of Internal Affairs, attested by the seal of his
     department and forwarded to the party entitled thereto, who,
     upon presentation of the same to the prothonotary of the proper
     county and the payment of the usual fee, shall have satisfaction
     entered upon the unpatented land lien docket of such county in
     attestation of the extinguishment of the lien of the
     Commonwealth for such purchase money, interest and fees.  1897,
     May 26, P.L. 101, Sec. 4.
        Section 5.  Payment of moneys into State Treasury; issue of
     patents
        All moneys received under the provisions of this act, except
     as provided in section six of this act, shall be paid into the
     State Treasury, and when so paid and receipted by the state
     treasurer it shall be the duty of the Secretary of Internal
     Affairs to issue patents for the land so discharged from the
     lien of the commonwealth in the manner as patents are now
     granted in other cases.  1897, May 26, P.L. 101, Sec. 5.
        Section 6.  Deduction of expenses
        From the moneys so collected there shall be deducted such
     amount for actual expenses incurred and service rendered in the
     enforcement of this act as may be approved by the Auditor
     General and State Treasurer and the Secretary of Internal
     Affairs.  1897, May 26, P.L. 101, Sec. 6.
        Section 7.  Granting of patents for unpatented lands
        Whenever it shall appear from the land office records in the
     Department of Internal Affairs that warrants for land belonging
     to the Commonwealth have been legally granted, or that town lots
     have been sold by a commission representing the Commonwealth in
     conformity with the law authorizing the sale of such lots, and
     when there is no lien entered on record against such land or
     lots in the unpatented land lien docket authorized by the act of
     may twentieth, one thousand eight hundred and sixty-four,
     (sections in the respective county in which said lands may lie,
     it shall be the duty of the Secretary of Internal Affairs to
     grant patents for such lands or lots in the usual form and
     manner, upon proof of ownership of such land or lots, and the
     payment of the patent fees now authorized by law.  1897, May 26,
     P.L. 101, Sec. 7.