Pennsylvania Act 1864-814 — LIENS FOR THE PRINCIPAL AND INTEREST DUE COMMONWEALTH

Act text

LIENS FOR THE PRINCIPAL AND INTEREST DUE COMMONWEALTH
                  Act of May 20, 1864, P.L. 914, No. 814              Cl. 68
                                  AN ACT

     Directing the entry of liens for the principal and interest due
        the Commonwealth, for lands held by virtue of locations, or
        other office titles.

        Section 1.  Surveyor General to make out list of lands on
     which no patents have issued
        It shall be the duty of the Surveyor-General to make out a
     list of all lands held by location, or any other office right,
     issued from the Land Department of this Commonwealth, of every
     kind and description, upon which no patents have issued,
     designating the county in which such lands are situated, with
     such other descriptions of the same as the records of his office
     will enable him to give, including the names in which such
     locations or other office rights are entered, and surveys have
     been returned; and on the list being completed, or any part
     thereof, it shall be transmitted to the prothonotary of the
     county in which such lands are situated.  1864, May 20, P.L.
     914, Sec. 1.
        Section 2.  Duty of Surveyor General in regard to purchase
     money
        It shall be the duty of the Surveyor General to calculate the
     amount of purchase money, interest and fees, due on each
     unpatented tract; and after the descriptions of said tracts have
     been transmitted to the prothonotaries of the respective
     counties, and entered as hereinafter provided, the amounts so
     found to be due, together with five dollars for the labor and
     costs of making out and filing, shall form an aggregate sum
     which shall be entered in a lien docket to be provided and kept
     for that purpose, and said sum shall bear interest at the rate
     of six per cent.  1864, May 20, P.L. 914, Sec. 2.
        Section 3.  Duties of prothonotary
        It shall be the duty of the prothonotary of each county, upon
     receiving any descriptive list as aforesaid, to provide a
     suitable docket, with a proper index, for the purpose of
     recording all such descriptions of unpatented lands, and shall
     accurately record the same and index the name of the original
     warrantee or actual original settler, as the case may be, and
     each subsequent owner so far as ascertained, and preserve the
     same among the records of the county: Provided, That when any
     party in interest, by petition under oath or affirmation,
     setting out the facts in the case as in affidavit of defense,
     shall represent to the president judge of the court of common
     pleas of the county, in which any tract or piece of land,
     against which the entry directed in the foregoing section has
     been made, or the principal part thereof, may lie, that said
     tract has been patented, either in the name against which the
     entry is made, or in any other name, the said judge shall after
     such notice to the Surveyor General as he shall deem proper,
     proceed to hear the case of the petitioner; and the said judge
     shall, thereupon, make such decree in the premises, either by
     directing the said entry to be struck from the record, or such
     other order as to said entry, and also, as to costs, as may seem
     equitable.  1864, May 20, P.L. 914, Sec. 3.
        Section 4.  Lien docket of unpatented lands
        It shall be the duty of the prothonotary of each county, upon
     internal affairs.  See const. Art. 4, sec. 19, and section 904
     of any such list or calculation of amounts due the Commonwealth
     for purchase money, interest and fees, to provide a suitable
     docket, with index, in the form of the lien dockets now in use
     in the several counties of this Commonwealth, to be styled :lien
     docket of unpatented lands," and enter therein the amount so
     found to be due, which sum shall remain a lien upon such tract
     or tracts, until paid; and that a fee of fifty cents be paid to
     the prothonotary of each description so entered, and that he be
     allowed the same fees on the liens entered as are now allowed on
     judgments entered by warrant of attorney in the courts of common
     pleas.  1864, May 20, P.L. 914, Sec. 4.
        Section 7.  Attorney General empowered to enforce lien
        All liens due the Commonwealth for unpatented lands, after
     November 1, 1864, may be proceeded upon by the Attorney General
     of the Commonwealth, in the manner directed to be pursued
     against defaulting public officers, by the act of April 16,
     1845, and the supplement thereto.  1864, May 20, P.L. 914, Sec.
     7.
        Section 8.  Persons in naval and military service allowed one
     year for taking out patents
        All persons in the military and naval service of the United
     States shall be allowed one year after the expiration of said
     service, for the taking out of any patent or patents under the
     provisions of this act.  1864, May 20, P.L. 914, Sec. 8.
        Section 9.  Fees for patent on town lots
        Hereafter the patent fee on town lots not exceeding one-third
     of an acre shall be one dollar, and on lots not exceeding two
     acres, five dollars.  1864, May 20, p.l. 914, sec. 9; 1864, Aug.
     24, P.L. 1009, Sec. 1.