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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 466   View pdf image (33K)
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466 LAND-HOLDER'S ASSISTANT.

 

CHAPTER XII.

 

RULES AND PRACTICE AT LARGE, AND GENERAL REMARKS.

        HAVING in the foregoing chapters exhibited all the
authorities, whether of laws, ordinances, instructions, or
decisions, on which the practice of the land office is founded, I
shall now proceed to apply those authorities, and, without
being any longer restricted by precise divisions of the subject,
to state the principles, rules, usages, and interpretations, by
which the office is at present governed; in doing which, I
must again describe the nature and properties of the different
kinds of warrants, and repeat many things that have been
said before: but, for this, I believe, no apology will be thought
necessary, for the desultory manner in which I have been
obliged to present the various matters composing the practice
makes it almost indispensible that they should finally be
abstracted, and brought together, in the way now proposed. I
shall also, in this summary recital, notice the most important
of those principles that arise out of the decisions which have
been exhibited, intermixing, so far as it may be done
without presumption, my own reflections and impressions on the
whole subject.

¾¾

    All warrants are issued by the register, under his
signature, and the seal of office: they must be executed within
one year from their dates; and this applies as well to parts
of warrants, assigned or not, as to entire warrants; so that no
survey is good which is made in virtue of a warrant that has
previously been a twelvemonth in force.

    All certificates must be returned to the land office within
eighteen months after the date of the warrants on which
they are founded, otherwise they can never be received, but
are null and void.

    All certificates (under warants) must be examined and
passed by the examiner before they are received into the office, so
as to be ever capable of being patented.

    Where an order is passed for the correction of a certificate,
the corrected certificate is to be examined (if necessary) and
is to be returned, together with the erroneous certificate,
within nine months from the date of the order; otherwise it can
never be received.

    Where a certificate is found erroneous by the examiner, or
where, on application of the party, an order is given for the
correction of a certificate, and there is not time for the
rectifying the error, or making the particular correction ordered,



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 466   View pdf image (33K)
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