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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 368   View pdf image (33K)
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368 LAND-HOLDER'S ASSISTANT.

the matter stands thus: land escheatable to the state without
becoming so, in any degree, by means of the declaration of
independence, or the confiscation act, the assembly was willing
should be purchased, or taken, for two thirds of the estimated
value: for lands not escheatable without the aid of personal
disabilities, attaching through those acts upon individuals who
would otherwise have been entitled to inherit, they thought
proper on the contrary, to exact the full value: any person,
conceiving land to be escheatable, might take a warrant on the
usual suggestion. I will say nothing of a warrant taken under
the first of the before recited provisions alone, where a
British heir was afterwards discovered; nor of warrants taken
between the declaration of independence and the act of 1780,
as I have constantly avoided raising questions about the
validity of past proceedings; but, under the joint provisions of
1780 and 1781, any person, on taking a warrant, might make
his own calculation of the probability of its ever appearing that
there was an heir, barred only being a British subject. If he
was satisfied that there was none, he, of course, paid but two
thirds of the valuation of the lands and improvements on the
return of his certificate: If he knew, or strongly believed,
that there was an heir so barred, he would be apt to pay the
full value at once, in order that he might not, upon the proof
of such an heir, have to pay an additional two thirds, making
altogether one third more than the whole value: if it was a
matter of doubt only, he made his election as in an affair of
chance: if he was disposed to risk, he paid two thirds, and
took his patent; the consequence of which was that, if the
existence of an heir, barred as aforesaid, should never be made
appear, he obtained the land for one third less, and if the
contrary happened, he paid one third more, than the real value:
and this is what I mean by the states exacting the whole
value for escheats of this kind, as, an even chance for more
or less was calculated to result, taking one case with another,
in the full value. As to those who in a doubtful case prefered
security to hazard, they would pay the full value at once. This
is my solution of these two provisions, and so far as concerns
the existence of British or alien heirs, where there are none
in the United States, I do not perceive but that they are still
in operation; but in respect to the limitation to heirs of the
half blood in the second degree those provisons are virtually
abrogated by our act of descents, passed at the session of
1786 (ch. 45) which has narrowed the law of escheat in
proportion as it has widened that of heritable descent, and to
that act the reader may, in a negative sense, be refered for
the actual law of escheat, which is now stripped of its feudal
doctrines and appendages, and only comes in, of necessity,
when no heir is found, or at least makes a claim, within the





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 368   View pdf image (33K)
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