antiquity, as must often have been the case with tracts sunk in
resurveys.
The opinion which is understood to have been given by the
late general court, that patented lands take their age from
the date of the certificate, is countenanced by all that I
observe in the ancient practice upon that subject, and although
a patent should be vacated it does not perhaps follow that the
effect once given to the certificate is withdrawn¾At present
the original patents are not vacated on resurveys, and
consequently their age is left without dispute. Patents of
confirmation also do not issue until the originals are patented,
which they frequently are not when the warrants are taken
out¾These changes took place before the termination of the
proprietary government, for nothing absolutely new has been
introduced into the practice under the present one in these
respects, but the usages above described were of so long
standing as to require the notice that has been taken of them.
¾¾
ASSIGNMENT AND RENEWAL OF WARRANTS OF RESURVEY.
¾
It does not appear that warrants of this kind could ever
have been considered as conferring a right to take up vacant
land, without the circumstance of contiguity, or some direct
reference, to the land ordered to be resurveyed; and it
follows that assignments of resurvey warrants cannot have
been frequent; for, with the warrant, it would appear
necessary to transfer the object on which it was to operate. ¾
Warrants of resurvey were not only special in respect to
location, but they had also a more special and adherent relation
than original warrants to the persons to whom they were
granted; for any man possessed of land rights, might have
a warrant located adjoining a given tract; but supposing the
design to resurvey the same tract, none but the person
owning, or entitled to, that land could have the warrant, or at
least could avail himself of it.¾Warrants of resurvey,
therefore, were not assigned and bartered like primitive warrants;
but the privilege of transferring them does not appear to
have been withheld or contested. The ingenuity of land
mongers, and the occasional pliability of the proprietary's
officers, have concurred to produce particular cases tending
to confound the original distinctions between the different
kinds of warrants; but, it may be said with certainty that it
never was the practice of the land office to authorize or
permit the using a warrant of resurvey as a common or general
warrant, further, than that by an abuse of the original
license and intention, in regard to adjoining vacancy a person
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