Where a minor's interest appeared to be affected, the
matter, whatever it might be, was generally put off until he
became of age; but this did not prevent resurveys or other
proceedings evidently in favour of the minor.
A caveat might be entered, but could not be brought to
hearing, before the return of a certificate:¾the duration of
caveats was formerly for ten, but by the last instructions, for
six months, and they could not after that time be
renewed except upon special reasons.
Finally, the legal title to land, under a patent, was held in
the land office, according to such rights as I have been able
to obtain, to commence with the date of the certificate; the
date of the warrant, in a question of eldership between two
patents, not being regarded. Many endeavours were
therefore used to get the first certificate, and it behoved a person
having the first warrant, or being otherwise entitled to a
survey, to enter a caveat, and stop the issuing of his
adversary's patent.
¾¾
In regard to formal adjudications, expressly establishing
any of the principles here laid down, the land office does not
furnish them, and I purposely avoid meddling with the
decisions of courts of law or equity: the records afford, indeed,
abundance of cases in which, on petition and summary
hearing, questions of preference and right have been decided in
the land office; but, few even of these appear in that period
of the proprietary's government which, as coming near to
the present times, would be the most interesting; and
decrees at large, stating and summing up the merits of
contests, and settling important principles, such as have been in
practice under the present government, are scarcely to be
found in any part of the land records. Besides which, the
minute books, which should shew the progress of
controversies from the entry of caveats to the final adjudications,
being wholly lost, it would be extremely difficult to get
together the scattered parts of cases, so as to make a report of any
importance: ¾I shall therefore, after a few further general
remarks conclude my account of the history and ancient
practice of the land office. The proprietary's officers it
would appear, did not know exactly at what point to stop, as
warrants were issued under his authority as late as May
1777, and patents under the great seal nearly to the same
time. The declaration of independence unquestionably
dissolved the proprietary right in matters of government: Mr.
Eden withdrew about the period of that declaration; but, in
the same manner as had been practiced in the temporary
revolutions of the province, the proprietary's officers
continued the operations of the land office, until, through the official
|