Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1864-06-29
MISCELLANEOUS,
An Act

Section l. Be it enacted by the Senate
and House OF Representatives of the Com
monwealth of Pennsylvania in General
Assembly met, and it is hereby enacted by
the authority Of the same, That it shall be
the duty Of the Eurveyer General to make
out 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, esignating the
county in which such lands ar situated,
with such other descriptions of the same,
as Il 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 other part
thereof, to he transmitted to the prothon
otary OF the county in which such lands are
situated
Section 2 That it shall be the duty of
the Surveyor General to calculate the
amount OF purchase money, interest aud
fees due on each unpatented tract; and af.
ter the descriptions Of said tracts have been
transmitted to the prothonotaries OF the
respective counties and entered as herein
after provided, the amounts so found to be
due, tog g'ther with five dollars for the labor
and costs OF making out and filing, shall
form an aggre1 ate sum which shall be en-
tered in lien docket to he provided and
kept tor that purpose, and said sum shall
bear interest at the rate ni six per cent
Section 3. That it shall be the duty of
the prothonotary of each county, upon re,
ceiving any descriptive list as aforesaid to
provide suitable docket, with IA proper
index. for the purpose OF recording all such
descriptions OF unpatented lands and shall
accurately record the same aud index the
name of the original warrautee or actual
original settler, as the case may be, aud
each subsequent owner so lar as ascertain
I'D. and preserve the name amoug the re-
CORDS OF Tie county: ProCjded, THAT
when any party in Interest by petition un-
der oath or affirmation, Sattiug out the facts
in the case as al affidavit OF deierce, sha
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 primo pal
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 no
tice TO the Surveyor General as he NAV
deem proper, proceed to hear the case of
the petitioner; and the said Judge shall
tharauprr, ,,nln lon,o, ~
ses, either by directing the said entry to
be struck from the record, or such other
order as to said entry and also to costs, as
many seem equitable.
Section 4 That it shall be the duty of
the prothonotary ofeach county, upon receiv.
ing from the Surveyor General any such
list of calculation Of amounts due the COM
lDonwealth for purchase money, interest
and loss, to. provide suitable docket with
index, in the form of the lien dockets now
in use in the several counties of the Com
monwealth, to be styled "Lien Docket of
Unpatended Lands" and enter therein the
amount so found to be due. which sum
shall remain lien upon such tract or tracts
until paid; and that fee OF fifty cents be
paid to the prothonotary for each descrip.
ton so entered, and that he be allowed
the same fees on the liens entered, as are
now allowed on judgments entered by war
rant of attorney in the court OF common
pleas.
Section 5. That it shall be the duty of
the prothonotary, upon receiving any such
descriptive list, to cause the same to be
published in two newspapers in the county
where such lands are located, for three sue.
oessive weeks, for which publication he
shall be authorized to pay fifty cents for
each tract and charge the same as costs on
the lien docket, aud retain his fees and
costs out OF any moneys in his hands due
the Commonwealth.
Section g. The amounts which may be
due to the Commonwealth on the lands
mentioned in first section of this act, may
be paid in accordance with the existing
laws in relation to such lands, if the same
be paid prior to the first day of November
next; Provided, That any costs which
may have accrued in accordance with the
provisions of this act shall also be paid
aud that the act to graduate lands on which
money is due and unpaid to the Common
wealth of Pennsylvania, approved April
tenth, Ammo Domini one thousand eight
hundred and thirty FIVE, be revived and
continued in force until the first day of
August last, shall have the same validity
for the issuing of patents thereon as if the
last mentioned law had been still in full
force
Section {. That all liens due the Com
monwealth for unpatended lands after the
first day of November, Anao Donini one
thousand eight hundred and sixty four,
may be proceeded upon by the attorney gen.
ersl of the Commonwealth in the manner