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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 286   View pdf image (33K)
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286 LAND-HOLDER'S ASSISTANT.

run out of date, and afterwards compleat such survey
and return certificate thereof before the two years expire,
you are to observe that such beginning to run or execute a
warrant is to be deemed a nullity, provided such warrant
actually run out of date before the survey shall be completed
and certificate returned according to the obvious construction
of such warrant; and in case the party does not renew it, as
if no such beginning had been made, you are to consider
such warrants as out of date and expired, and give the
preference to any subsequent warrant, which shall come to your
hands to affect such land agreeable to the preceding
direction.

    " 8th. Whereas resurveys are often made to throw, or
leave, out land that is suggested to be within older surveys,
and great abuses have been committed by turning out
indifferent land (although it lay not in elder surveys or prior
patented tracts) and taking in good land in lieu thereof, you are
when a warrant for making such resurvey is hereafter
brought to you, first to resurvey according to its ancient
metes and bounds the more ancient tract (in which part of
the tract that you are required by the warrant put into your
hands to resurvey, shall be said to be included, and in your
certificate you are to insert the name of such more ancient
tract, the name of the patentee thereof, and the time when
it was taken up) after which you are to resurvey the tract, for
resurveying which, the warrant put into your hands shall
have been granted. This mode of proceeding will enable
you to discover certainly, whether any and what part of the
younger tract is included in, and taken away by the older
survey, and you are always by proper words to denote and
distinguish the same in your plot, and in your certificate; after
alledging that you have surveyed the several tracts separately
according to their ancient metes and bounds (beginning with
the most ancient) and that you have added acres of
vacant land (in case any vacancy to be added by virtue of the
before mentioned warrant of resurvey) you are then to
describe or give the outlines of such resurvey, which you are
by the warrant directed to make, and for which patent is to
be issued (saying) " lastly beginning for the out lines of the
" resurvey, by virtue of the before mentioned warrant at,"
&c. and at the bottom of your certificate you are to give
tables of courses (referring by figures to the plot) viz: the
courses of the more ancient tract, or tracts into which it is
alledged that such younger survey to be resurveyed does run,
the courses of the former survey now to be resurveyed, the
courses of the vacancy, or vacancies added, and lastly, the
courses of the resurvey, or land for which patent is now to
issue, and when you rectify any error in such former survey,





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 286   View pdf image (33K)
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