(Here the original patent is recited, from the record, at|
" And we having seen the tenor of the said letters patent,
" have granted the same to be exemplified. In testimony
" whereof, we have caused the great seal of our said
" province of Maryland to be hereunto appended, the
" day of in the year &c."
PROCEEDINGS AND CUSTOMS DISUSED.
IN the course of the preceding examination we have had¾but first it is
occasion to notice various matters which do not now enter
into the practice of the land office, such as the surrendering or
letting fall of warrants, certificates, and patents; the
transferring patents by assignment endorsed thereon, the vacating
of former grants upon resurveys, the recording of certificates
before patent was issued; the exemplification of patents, &c.
There are other usages which, as being rather insulated in
their nature, we have hitherto passed by, and of which it is
now proposed to take some brief notice
requisite to give a further account of some of those which have
already been touched upon. Of these the most important is
the assignment of patents, by which a complete title in lands
was proposed to be conveyed from one person to another
without a deed indented, or any of the ordinary formalities
observed in such transactions.
The first instance on record of the transfer of a patent by
endorsement thereon differs materially from the subsequent
assignments, but may be deemed a step towards the more
simple form which was afterwards observed in these
transactions, the patent, in this case, which occurred as early as 1642,
is surrendered back to the proprietary for the use of another
person, which use and intention are supposed to be expressed
by endorsement on the patent itself. The difference is that
instead of the new acquirer's holding the land by the
assigned patent, it is cancelled, and a new one granted. The
following is the case here referred to.
" 29th of November 1642.
" Jane Cockshott, widow, prayeth to have a patent in the
name of the freehold lately granted by patent to Randall
Revel, and by him surrendered into his lordship's hands for
the use of the said Jane.