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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 462   View pdf image (33K)
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462 LAND-HOLDER'S ASSISTANT.

 

other person might obtain the vacancy on the same terms, by
virtue of a proclamation warrant, so called because founded
on a proclamation: If he, too, suffered the time to elapse,
another person might obtain another proclamation warrant, and
so on. The proclamation, I believe, is not on record in the
land office.

    By a regulation of the proprietary, if a person seized of a
patented tract of land died intestate, without leaving heirs,
the land was subject to an escheat warrant, and the person
obtaining it was to pay for the land two thirds of the value. I
know not whether or not this regulation is to be found on
record. But our act of November 1781 provided for this
warrant, as well as for a variety of other proceedings.

    After the revolution, when the state succeeded to the rights
of the proprietary, laws were passed, making some
alterations, and particularly with respect to the time allowed for
compounding. The warrant taken out on failure to compound
still bears the name of a proclamation warrant: All the other
warrants are in use. The rules prescribing the forms of them
(if such rules there ever were) are perhaps not found on
record. But, can it, at this time be said that there is no rule or
known practice, or usage, concerning them? The forms are
actually in the office; and indeed most of the usages and laws,
as they are called, may also be found in the office, on
searching the various decisions.

    By the act of Nov. 1781, ch. 20, the land office was
opened, and various rules prescribed. The chancellor is declared
the judge to determine on all disputes; and with respect to
future surveys he was directed to determine according to the
rules to be prescribed to certain officers by the governor and
council, and with respect to former surveys he was directed to
determine according to former rules. Here, then, the
legislature has certainly created rules for the land office.

    Say that those old or former rules were not on record; the
legislature, meaning something, must intend traditionary
rules, concerning which the chancellor was to decide, without
appeal; and therefore his decisions were not liable to be
controuled or reversed in any manner by any other tribunal.

    In the disputes coming before the chancellor, frequently
there are points of law, independent of land office rules,
which are brought into controversy. The chancellor,
conscious that his power is invidious, has embraced every
opportunity of referring an important litigated point of law to the
general court, and every important litigated fact to the trial
of a jury under the direction of the said court, reserving to
himself the rightful power of determining on the rules, usage,
and practice of the office.¾ In fact he has always done that in
the land office which on similar occasions he has done in the



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 462   View pdf image (33K)
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