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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 438   View pdf image (33K)
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438 LAND-HOLDER'S ASSISTANT.

 

    12th. In every certificate of escheat you must be very
particular as to the number of acres, kind, quality, and value
of the land, and the improvements thereon, and whereever
there are any improvements on cultivated lands, you must
mention the same in the certificate, the nature, kind, quality,
and value thereof, according to the directions in your oath of
office. If it should be alledged that part of any escheat land
is comprehended within the bounds of an elder survey, you
are to pursue the method prescribed in the ninth rule to
ascertain what part, if any, lies within such survey.

    13th. Where a party applying for a resurvey shall be
possessed in fee of part of a tract only, on his producing an
attested copy from the land office of the courses and distances
of such original tract of which the land you are required to
resurvey shall be said to be part, you are to follow (as occasion
be,) the directions already given in the 9th 10th and 12th
articles of these instructions, with this difference that where they
direct the resurveying the original tract according to its
ancient metes and bounds, you are in this case to resurvey no
more of the original tract than such a part of it as the
warrant put into your hands shall direct, with a line or lines from
the first or other certain boundary of the said original tract,
so as to ascertain that the quantity thus claimed doth really lie
within the bounds of the tract of which it is said to be part,
and in your certificate, after alledging that you have run such
line or lines from the first, or other certain, boundary of such
original tract, mentioning the tract of such boundary, and the
patentee thereof, you are to declare that the whole quantity so
claimed, or such part of it (mentioning the quantity) now
returned by you, doth lie within the bounds of the said original
tract. When in your certificate you are to describe the out
lines of the resurvey for which patent is to be issued, say
" beginning" or " lastly beginning," as the case may be, " for
the out lines of the resurvey by virtue of the before mentioned
warrant, at the end of                 perches and                 links in
the line (or course) of                  ." With regard to all other
particulars you are to observe the directions given you by
these instructions.

    14th. You are, when directed to include vacancy, to take
in the whole, except the quantity be more than the party chuses
to take up; in which case the remainder is not to be less than
one hundred acres, and that to be left in a body entire, for
you are by no means to leave small parcels, in slips or
otherwise, nor are you to run into any elder survey, or run a string
or line across any surveyed land whatever, although it should
belong to the person obtaining the warrant of resurvey, in
order to include vacancy; but such vacancy shall be taken up
by common or special warrant as the case may require, unless



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 438   View pdf image (33K)
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