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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 307   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 307

proprietors of such certificates were entitled to grants " in
"equity and justice, and agreeably to the rules and practice
" of the examiner general under the old government in
" passing certificates in which the quantity of land expressed in
" the certificate is exceeded, and of issuing grants on such
" certificates;" in which case, he was to order grants to
issue: but if he found the parties not so entitled, he was to
endorse on every such certificate his order or decree that the
same was void and of no effect, after which the party was to
receive an order on the treasury for the caution or
composition money paid on such certificate, which the treasurer was
to discharge out of any money not specially appropriated, and
retain the certificate as a voucher.

    By the third section of the same act of 1784, chapter 75,
it was ordained that any grant issued or to be issued for land
lying within any manor to the westward of Fort Cumberland
should be void, and so held and adjudged in any court of law
or equity within this state.

    By an act of 1785, chapter 81, the state relinquished all
claim to payment for surplus land contained within the
proprietary grants, by declaring that no caution or composition
money should be required for any surplus land on any
certificate then returned, or thereafter to be returned, on resurvey
of any tract or part of a tract of land granted before the first
day of January seventeen hundred and seventy seven: and
by a supplement thereto passed at April session, 1787,
chapter 43, it was declared that even where on resurvey of
several tracts or parts of tracts under the same warrant there
appeared to be surplus in some and deficiency in others, the
surplus on the one hand should not be applied to make good the
deficiency on the other. These are among the provisions by
which, as I have stated in the former book, a quietus was
given upon the subject of surplus land.

    To complete the disposition of whatever remained of the
property or concerns of the government it was provided
by the act of 1781, chapter 20, section 4th, that the
treasurer of the Western Shore should have the care and possession
of all the debt-books and other papers relative to the revenue
of the late proprietaries.

    In order that disputes concerning matters which had taken
their rise under the proprietary system should not be
determined by other rules than those which prevailed when the
causes of such disputes took place, it was provided by the
6th section of the aforesaid act, that the chancellor in
considering and deciding on the validity of surveys or grants of
land, should be governed, as to all warrants, or surveys,
theretofore granted, or made, by the former rules of the land
office: and, the same principle was in the succeeding section





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 307   View pdf image (33K)
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