two certificates, is he entitled by the laws and practice of the
land office to two patents ?
Answer. I know not that I clearly understand the
question. I can only say that a special warrant may be used as a
common warrant, and two certificates may be returned under
a common warrant. I suppose the question means a special
warrant of vacant cultivation.
8th Question. Upon a warrant of resurvey, can the
party by the rules of the land office return two certificates, one
for the vacancy contiguous to the original, and the other for
the vacancy separated by elder surveys; and if he so does
return then, and pays the caution money in time for all the
vacancy, and the certificate is caveated¾
is the party entitled by
the rules and law of the land office to a patent for the land not
contiguous to the original?
Answer. Most assuredly not. Most wisely are different
warrants instituted for different purposes. To secure the
vacancy not contiguous, the party ought to have taken out either
a common warrant or a special warrant. In no possible case
can a warrant of resurvey be considered as a common
warrant to affect land not contiguous to the tract or tracts to be
resurveyed. It is perhaps worthy of consideration that on
a survey under a common warrant, the owner could not, he
was not allowed to comprehend more land than the quantity
expressed by the warrant, and he paid for the land on taking
out the warrant.
The warrant of resurvey was, at first, intended to give the
party an opportunity of correcting his old patented tract or
tracts, by leaving out &c. and inasmuch as it was the idea
that his tract or tracts would be deficient, the warrant
contained a liberty to add contiguous vacancy; but on this warrant
the party did not, as on the common warrant, pay for land¾
he had credit for two years for the vacancy added¾
this
being the case, it is impossible that under the old government
(or since) there shall have been a case where a warrant of
resurvey has been construed as a common warrant, to affect
land not contiguous.
9th Question. If a certificate on a warrant of resurvey is
returned, in which vacant land is included not contiguous to
the original, but separated by elder surveys, and the person
returning the said certificate has paid the caution money for the
land not contiguous to the original, and no patent has issued,
and a man by a warrant taken out after the payment of the
said caution money returns a certificate including the vacancy
comprehended in the certificate of resurvey which is not
contiguous to the original, and pays the caution money¾
If the above facts appear to the judges of the land office,
would not, by the laws of the land office, the former certificate
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