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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 339   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 339

" to a patent for such land, in fee simple, unless the
" chancellor, upon hearing on any caveat to the same " should
otherwise determine, " and that such certificate and patent
" should be recorded among the records of the land office:"
it provided further that certificates returned at any time
before the first of January 1787, by any person who had been
appointed by the intendant to survey the said lands should be
received by the examiner general, and be of the same validity
as if executed and returned by the surveyor of the county.
The time for these returns was afterwards extended by
several acts, the last of which (November 1802, ch. 7) made
the certificates in question receivable up to the first of
November 1803, and no longer.

    By other provisions of this act the governor and council
were authorised to appoint as many additional surveyors as
they should think proper to complete these surveys, whose
certificates were to be received in like manner as those of the
surveyors appointed by the intendant. Caveats were
permitted for six months from the date of return, and the
chancellor was to hear and determine on them upon the
principles governing in other cases. Lands already patented
were to be passed by deed, executed by the chancellor, upon
the payment of the purchase money, and upon a certificate
of sale having lain six months in the land office;¾the deed
to be prepared by the party, and, when executed and delivered
by the chancellor, to be recorded, within six months, in the
office of the general court, or the court of the county in which
the purchaser resided, or should have made the purchase. It
is proper here to mention that, previous to these regulations,
the commissioners had in many instances executed deeds of
conveyance to the purchasers of confiscated property, which
being afterwards deemed inoperative, it has been provided by
a late act (1805 ch. 99) that persons holding and claiming
lands in virtue of such deeds, and producing satisfactory proof
of their equitable titles, shall receive deeds executed as
aforesaid by the chancellor, which being recorded among the
records of the county court where the lands lie, are valid and
effectual to transfer the right title and claim of any British
subject, or the right of the state created by any former act
of assembly, to such lands.

    The last section of the act of 1785, vested ample powers
in the chancellor for the adjustment of all disputes and
questions that might arise between different purchasers of the
aforesaid property, or between such purchasers and other
persons, relative to the same. He was authorised by this
section, before the title of the state should be granted or
conveyed
, to determine disputes between purchasers, in a
summary way; and for his information, to cause surveys to be





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 339   View pdf image (33K)
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