understands has been more than once advanced, that there is
nothing which can be considered as the law of the land
office.
The lord proprietary of Maryland, as well as any other
man, might surely determine on what terms he would grant
his lands. He might surely, as well as any other man,
instruct his agents with respect to the manner of granting his
lands; and what are those terms and those directions may be
a proper subject of enquiry, and when discovered, ought
surely to govern. It has been already said that all the
proprietary's proclamations and instructions are not to be found on
record. But, notwithstanding that, the practice arising from
these instructions is as well known as the common law of
England, which certainly must have been at first committed
to writing, long since lost. The practice of the land office I
conceive is as well known as the practice of the courts of law
in England, the original written laws for the regulation of
which have also long since been lost.
No writing is found in the land office prescribing the forms
of the different warrants which are framed for different
purposes. Can any man, merely on that account, pretend that
the forms and the substances of those warrants are not
settled?
There are five warrants, viz. common, special, of resurvey,
of proclamation and of escheat; and it has long since been
established that when a man applies to the land office for a
warrant, he must (to succeed) take that warrant which is
adapted to his case. In some cases indeed any one of three warrants
will answer his purpose, as may be seen by what follows.
By a common warrant only vacant uncultivated land can be
taken; by a special warrant vacant cultivated land may
be taken, and if the warrant contains a sufficient description
of the land intended to be secured, it gives an incipient title
against every person who has not before taken some method
to secure the land. A warrant of resurvey authorises the
owner to resurvey a tract or tracts of which he is seized, or
to which he is entitled: to turn out such part thereof as is
contained in elder tracts, and to add contiguous vacancy.
Hence it appears that a piece of vacancy may be secured in
three different ways, or under three different warrants.
Originally (although there is no written rule to be found)
the common and special warrant were paid for by the acre,
and the survey was not to comprehend more land than the
warrant expressed. By the warrant of resurvey a credit was
given to the owner for two years from the warrant's date,
within which he was to make his survey.
If an owner of a warrant of resurvey, returning a
certificate, did not compound for it within the time limited, any
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