land, was thought unequal, and detrimental to the
proprietary's interest: It was objected to this privilege that some
further act was necessary; that is, some direction to the
surveyor; because, without direction as to the quantity of vacant
land to be added he would not proceed to execute the
warrant, whereas, on a special warrant he could act without
further direction: This point appears to have been settled by
the instructions of the board of revenue in 1768, by which
the party lost his privilege under a warrant of resurvey
unless he made a second location, by declaring his intention to
the surveyor within eight months after the date of the
warrant. Warrants of resurvey were therefore finally held,
under this restriction, to bind all contiguous vacancy.
Escheat warrants had, in respect to vacancy, the general
qualities of warrants of resurvey: they operated only on
land which had been both surveyed and patented; for, a right
could not be deemed to revert or fall back to the proprietary
where none had been granted, and a certificate unpatented
vested no conclusive title in its owner. The person who first
obtained this warrant had a preference, as it contained, in its
body, a precise location.
Proclamation warrants could operate only on land which
had been surveyed, but not patented:¾they, also, had the
usual privileges of warrants of resurvey, not of necessity,
but because the proprietary for greater encouragement thought
proper to attach those privileges to them. They could not be
taken by or for the use of the person owning the certificate on
which they were founded. All warrants were under the
same rules as to the periods of execution, return, &c.
Common and special warrants were, by the long standing
rules of the office, not to be exceeded: Where this was
done, the certificate was void if done by the direction of
the party; if by the surveyor without direction, the
certificate was to be amended. This rule, however, appears
latterly not to have been strictly enforced, as, provision is made
in the instructions of the board of revenue for the case of a
warrant's being exceeded, by a direction that where it so
happened a patent should not issue until the excess of the
warrant was paid for. It is to be remarked that, with exception
of the various conditional warrants, and warrants on credit,
allowed at different periods to be issued, particularly for
settling the frontier parts of the province, it was the system of the
proprietary government that the caution on these warrants
should be paid at the time of taking them out:¾on warrants
of resurvey, including those of escheat and proclamation,
which were to affect an indeterminate quantity of vacant
land, this could not be done, but the composition was to be
paid on return of the certificates.
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