clear space clear space clear space white space
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 215   View pdf image (33K)
 Jump to  
clear space clear space clear space white space

forbids the recording of certificates when they are ready for
patent, although the circumstance of their being subject to
caveat until actually patented may be a good reason why they
should not till then be entered on record: but under the
practice of 1684, when land affairs were in the greatest activity,
I conceive that it was not only customary but necessary that
a certificate should be recorded before a patent was passed on
it. I have been somewhat particular upon this point, although
it cannot be exactly settled as to time, because it must
necessarily have influence in those cases in which courts of justice
are required to presume patents which do not appear, at least
so far as the record of a certificate is proposed as the ground
for that presumption.

    We have noticed in the early practice the designating of
land, intended to be surveyed, by a caveat in the office, and
the marking of trees as a still more conclusive location and
appropiation of the land until it could be actually surveyed.¾
It has been observed that these two customs took their rise
at a time when the government of the proprietary had been
subverted, and that they were therefore not to be considered
as among the established usages in land affairs. The right of
entering caveats for particular parcels of land was affirmed
by an act of Assembly " concerning the rights of Lands"
passed in the year 1654 during Cromwell's protectorship;
but this act also declared that, without any application
whatever to lord Baltimore or his officers, those who transported
themselves to the province had a right to land by virtue of
their transportation, and might enter their rights in their
several county courts; positions which certainly could bear a
test with the charter, however reasonable they might be in
themselves: the locations by caveat therefore do not appear
to be in use after lord Baltimore got completely reinstated in
his rights at the period of the restoration of Charles II, but
the marking of trees is found to have been occasionally
permitted afterwards. The following are examples of these

At a provincial court, held 1655.

    " Michael Brooke enters a caveat for 200 acres of land
lying easterly in the Hunting Creeke, and running west into the
woods upon the Five Cabbins, now seated according to his
marked trees."

    LIBER No. 3. folio 134.


    " For Henry ) Five hundred acres of land, being due to
Coxe, caveat,  ) him by assignment from Capt. John Barriffe,

however, which can be founded on no reason peculiar to the
Eastern Shore, would certainly be interpreted as a general one if a question
concerning it was to arize.

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 215   View pdf image (33K)
 Jump to  

This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact

©Copyright  October 12, 2023
Maryland State Archives