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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 274   View pdf image (33K)
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274 LAND-HOLDER'S ASSISTANT.

chapter, is what concerns the privileges and operation of
the different kinds of warrants in respect of priority,
preference, and location. The rise of precise location in special
warrants of vacant cultivation is somewhat difficult to trace,
from the insensible gradation to it from the loose or vague
locations which these warrants originally contained: from the
period, however, of the restoration of the government to the
proprietary in 1715, special warrants appear to have been
located in the office, with the same precision as they are at
present, and with the same effect of binding the land therein
specified from the operation of later warrants for the time
that they were to continue in force.¾The remarks that have
been heretofore made upon the duration and renewal of
warrants apply but to the early periods of the province, but the
succeeding regulations in those and many other particulars
may be traced in the instructions, &c. since inserted. The
practice at large will be best explained by drawing it into a
few general maxims, such as I believe were received and
established in the latter period of the proprietary
government.

    It has been seen that there were five kinds of warrants
exclusive of the warrant for surplus which had been discontinued:
to wit, common warrants, special warrants of vacant cultivation,
warrants of resurvey, escheat warrants, and warrants on the
proclamation.

    Common warrants could affect only such vacant land as
as waste, uncultivated, and new in every respect: They
could not, in strictness, affect land (though not cultivated or
improved) which had ever been regularly surveyed: they
received no location in the office, but were located by the
surveyor, and bound the land from the date of such location.

    Special warrants contained a location in the body of them,
and therefore bound the land instanter, always supposing that
the location was such as described the land intended in a
manner (c) not to be easily mistaken, or applied equally to other
land.

    Warrants of resurvey were held also to contain a binding
location in the body of them in respect to vacant land
proposed to be added, though this doctrine. I learn from good
authority, had been subject to doubt, and decided in various
ways; for, the privilege of binding, for a given term, from
other surveys all the vacant land which might, by an extensive
continuity, be deemed contiguous to the originals, while the
party was not eventually obliged to take the whole of that

    (c) I am not authorised to lay this down as an absolute rule, but it
seems a natural and reasonable condition attending the privilege obtained
by location, and from the general precision of locations under the former
government I believe that such was the construction. It has been
established by a decision under the present government.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 274   View pdf image (33K)
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