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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 154   View pdf image (33K)
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154 LAND-HOLDER'S ASSISTANT.

might, in a resurvey of one acre, take in a thousand more,
and obtain the advantage of a credit of two years, instead of
paying immediately for the vacant land, as must have been
done in taking a primitive warrant.

    In respect to renewal, warrants of resurvey appear to
have been under the same rule as original ones, that is, to
speak of the more recent periods of the proprietary
government, they might be renewed every six months during the
two years which were limited for the taking out patents
under them as originally issued.¾In the early times however,
upon neglect to execute a resurvey warrant, a new one, or
an allowance of further time, was most commonly prayed by
petition, as indeed was almost every thing of a special
nature; for after the direction of land affairs had by degrees,
ceased to be altogether in the hands of the governor and
secretary, and was made a standing business of the former,
conjointly with his council, the clerk of the board, to whom,
(still subordinately to the secretary of the province) the
immediate issuing of warrants continued to be intrusted, was
not allowed to act without direction in questionable cases,
but was recompensed for the abridgement of authority by
the multitude of proceedings to which the system of
petitions gave rise, and for which he had fees, settled and
ordained by the governor. It was on this ground perhaps that
so much formality attended all proceedings relating to
resurveys. The difficulty heretofore mentioned of obtaining
warrants of resurvey was more a grave artifice to enhance the
value of those warrants than a necessary precaution against
their abuse. John Llewellin, the first register, and who
may be called the father of the land office, understood very
well the effect of this kind of management. The petitions
of applicants appear, from their uniformity during his time,
to have been generally prepared by him, and from the style
of them, as well as that of the consequent orders and
warrants, which usually contained the same feeling recital of
trespasses, hardships, poverty, &c. it was difficult for the
party on getting his warrant not to believe that he had been
particularly favoured, when perhaps the government was
interested, on account of the probable discovery of surplus
land, as much as himself in the resurvey. But, although
Llewellin appears to have had much to do in devising rules and
forms, it was the policy of the government, as well as his, to
give to the proceedings, in regard to resurveys, an air of
kindness and favour; for there never was a period at which
some doubts and dissatisfactions did not exist in Maryland
respecting the principles and conduct pursued by the
proprietary and his officers, in land affairs. The enhancing the
conditions of plantation, the exaction of payment for surplus





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 154   View pdf image (33K)
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