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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 276   View pdf image (33K)
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276 LAND-HOLDER'S ASSISTANT.

    In regard to the assignment and splitting of warrants, I
have found no instructions that rescind those of the 12th of
September, 1712, to Charles Carroll, Esq. well known by their
prohibiting calls, and confining suryeyors to course and
distance after the first boundary. By these instructions it will
be seen that the proprietary complained of the effect upon his
interest, and the confusion occasioned by what he terms
"little petty assignments," and directs that no warrant should for
the future be parcelled out by assignment, but that a whole
warrant might be assigned, or, after a survey made by virtue
of part of it, the remainder might be assigned; which rule
he further directs to be inserted in all warrants. It is not
perceived that such a proviso was introduced into the form of
warrants, and, if the rule was enforced at all it must be
acknowledged not to have been observed in the latter period of the
province, as a single warrant appears in many cases to have
been used for several surveys. Nevertheless, the
instructions of 1712 were in force; for, in all subsequent
instructions relative to the operations of the land office there is an
express confirmation of former ones so far as they are not
repugnant to those of later date; and, although warrants
continued to be split by assignments, as might well be expected
when the persons in authority were, almost without
exception, among the greatest takers up of land in the province,
I do not find that the practice of exceeding the quantity
of a common or special warrant was ever sanctioned,
further than as a thing which might necessarily happen in
some cases, and which the proprietary's agent, getting
immediately paid for the excess, and knowing it to be of no
advantage to let small slips of land remain vacant for the sake
of a rule, did not think proper to question. Under the
proproprietary government therefore, notwithstanding the
deviations that have been noticed, warrants were construed
according to their plain import, that is, if a warrant was taken
for 100 acres, it was not meant that 1000 might be surveyed,
still less was it understood that this warrant might be
parcelled out to ten persons, and a survey made for each of them of
a greater quantity than the whole warrant expressed. As to
assignments, independent of exceeding the quantity of the
warrant, there must have been a difficulty in restraining them,
as land warrant, by which I mean warrant for a determinate
quantity of land, was the holder's property, acquired with
his money, or was, in other words, so much money
belonging to him in the proprietary's hands. The natural right of
transferring property, in whole or in part, seemed to oppose
any absolute regulation respecting assignments, and the rule
laid down by the instructions already alluded to, if enforced
at all, fell afterwards into neglect. Perhaps those instructions





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 276   View pdf image (33K)
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