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Page:United States Reports, Volume 2.djvu/319

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Cmeotr Couar, Penn/jiwnia Diftriét. 313 the value of the thing, or afcertain the amount of the compen- tygg. fation to be paid for it. This can eonltitutionally be elicited t/wr`! onl in three via { By the partl:s—that is, by {lipulation between the Legilla- ture and proprietor of the land. _ _ 2. By commillioners mutually elc£ted by the parties. 3. By the intervention of a jury. ` _ T hc compcnfatory part of the acl lies in the ninth feéluon. “ And whereas the late proprietariea, and divers other perfons have heretofore acquired titles to parcels of the land aforefaid, agreeably to the laws and ufages of Penrfylvmiin, and who will be depraved thereof by the operation of this ae}, and as juliice requires, tha! compeufatiou be made for the lands, of which they {hall be thus divelled; and as the State is pollellhd of other lands, in which an equivalent may be rendered to the claimants under Pmayy/wnia, and as it will be neceffary, that their claims {hould be a certained by a proper examination: Be it therefore cna&ed, by the authority aforefaid, That all perfons having fuch claims to lands, which will be all`e&ed by the operation of this ae}, (hall be, and they are hereby required, by themfelves, i guardians, or other lawful agents, within twelve months from the palling of this aft, to prefent the fame to the Board of Pro- perty, fhereiri clearly defcribing thofe lands, and llating the grounds of their claims, and all`0 adducing the proper proofs, not only of their titles, but of the lituations, qualities, and va- lues of the lands fo claimed, to enable the Board to judge of the validity of their claims, and of the quantities of vacant lands proper to be granted as equivalents. And for every claim, which {hall be admitted by {aid Board, as duly fupported, the equiva- lent, by them allowed, may be taken either in the old or new purchafe, at the option of the claimant; and warrants, and pa. tents, and all other acts of the public oliices relating thereto, ihall be performed free of ezpencc. The {aid Board {hall alfc allow fuch a quantity of vacant laud, to be added to fuch equi- valent, as {hall, in their judgment, be equal to the expences, which mult necellinrily be incurred in locating and furveying - the fame. And that the Board of Property may, in every cafe obtain fatisfaétory evidence of the quality and value of the land, which {hall be claimed as aforefaid, under the proprietary title, they may require the commimoners aforefaid, during their lit- ting in the County of Luzerne, to make the necelfary enquiries, by the oaths or allirmations of lawful witnelfcs, to afcertnin thofe points; and it {hall be the duty of the faid eommillioncrs to en- qtgre and report accordingly? {.45 gfPmn. 28th Mar.-b 1789. _{i· . 9. In tllis fcition two things aqq worthy of conlideratiou. r x.