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title:“George Mason: Power of Attorney to George Mercer”
authors:George Mason
date written:1763-3-29

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last updated:Jan. 22, 2013, 8:31 a.m. UTC
retrieved:Feb. 27, 2021, 1:16 a.m. UTC

Mason, George. "Letter to George Mercer." The Papers of George Mason. Vol. 1. Ed. Bernard Bailyn and James Morton Smith. Chapel Hill: The University of North Carolina Press, 1970. 52-54. Print.
Transcription, Frederick County Land Records H, Maryland Hall of Records Commission, Annapolis, Md.

George Mason: Power of Attorney to George Mercer (March 29, 1763)

[29 March 1763]
At the request of George Mason the following Power of Attorney was recorded March the 30th. one thousand seven hundred and sixty Three To Wit, To All whome these presence shall or may concern I George Mason of the County of Fairfax in the Colony and Dominion of Virginia send Greeting—
Whereas the committee of the Ohio company by their resolve of the second day of this Instant March did agree and direct that about Fifty Acres of the said Companies Land at Wills Creek adjoining to Fort Cumberland [shou]ld be laid off into Town Lotts with about Two hundred and fifty acres of the Adjacent high Land for out Lotts to be Annexed to the Town (which is to be called Charlottesburg) in such a manner that one such out Lott shall forever belong to, and be deemed appurtenance to the Town Lott to which it was at first annexed and on no Account separated from it & that Colo George Mercer be Impowered to lay off and dispose of the same upon the Companies Account either by Leases for Three lives with privilege of renewing the said Leases for two Lives more upon paying a fine of twenty Shillings sterling for each life so renewed or for the term of fifty years at an Annual Ground rent of Ten shillings sterling or if the purchasers insist upon having a fee simple estate in their Lotts that the said Lotts be sold to the highest bidder reserving in the Deeds an annual Ground Rent of Five Shillings Sterling Money. That the persons who take lotts either by Leases or Deeds be obliged to Build on each Town Lott within Three years from their Respective Titles one House at least Twenty feet long and sixteen feet wide with a Brick or Stone Chimney which is always to be kept in repair under penalty of forfeiting their Lotts and that no house or Buildings whatsoever shall be erected on the out Lotts except stables or Cow Houses and that the usual covenants for distress and reentry upon the nonpayment of the [recorded?] Rent be inserted in the said Deeds and Leases. And as the land upon which the said Lotts are to be laid off or pattented in the name of me the said George Mason in Trust for the said [Ohio Company, the said George Mercer is hereby impowered and required to execute deeds and leases] As above mentioned to the persons purchasing and taking the said Lotts or that I should make a power of Attorney to the said George Mercer to execute and acknowledge the said Deeds and Leases in my Name. Know ye therefore that I the said George Mason in pursuance of the said resolve have made ordained constituted and appointed and by these presents Do make ordain Constitute and appoint the said George Mercer my true and Lawfull Attorney for me and in my name but in trust for the said Ohio Company to make seal and deliver as my Deeds all and every such Deeds and Leases as maybe Necessary to grant and Demise unto all and every person or persons willing to Lease and purchase the same all or any of the Lotts in the said Town of Charlottesburg and the out lotts appurtenant to the same at and under the several Rents purchases Conditions and Agreements mentioned in the above recited resolve of the said Committee of the Ohio Company and also for me in my Name to acknowledge all and every such Deeds and Leases by him so made Sealed and Delivered pursuant to the Laws and practices of the Province of Maryland, so as to render the same Valid and Effectual to all intents and purposes to the several purchasers and Lessees and to receive from the several purchasers the purchase Money for such Lotts and the Counterparts of their several Deeds and Leases to be signed Sealed Executed and Acknowledged by the several purchasers and Leases and generally for me and in my Name to do perform and execute all & every such Act and Acts thing and things as shall or may be requisite and Necessary on or about the premises in as full and ample manner to all intents Constructions and purposes as I myself might or could if I was personally present Ratifying confirming and holding for good and Valid whatsoever my said Attorney shall lawfully do or cause to be done in or about the premises by Virtue of these presents. In Witness whereof I have hereunto set my hand and Affixed my Seal this Twenty ninth day of March in the Year of our Lord one thousand Seven hundred and sixty three.

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