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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 467   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 467

 

as the case may be, so as to enable the party to compound
thereon within the time limited by law; on a tender being
made of the money to the treasurer, three months are to be
allowed for the correction of such certificate, which being
passed by the examiner, and payment made within the said three
months, the certificate is exempt from any invalidity or
disadvantage; it being understood, however, that the tender
must be made within the regular period assigned by law for
composition.

    Where a certificate, not compounded on, is caveated,
(which cannot be done without the caveator swears or affirms
that he does not do it by collusion, to favour the owner of the
certificate) the time during which the caveat remains
undetermined is not to be considered as part of the time limited
for payment of composition, provided the proprietor of
the certificate also swears that the caveat has not been entered,
or its determination delayed, through his connivance, or
collusion with the caveator, as heretofore more particularly stated.
With these exceptions, all certificates must be compounded
on within one year from the date of the warrants on which
they are founded; otherwise they become liable to be affected
by proclamation warrants.

¾¾

    A person desiring to take up and secure land which he
believes to be vacant must do it in one of three ways, viz. by a
common warrant, a special warrant, or a warrant of resurvey.
Common warrant affects only uncultivated land: a special
warrant affects land cultivated or otherwise; and a warrant
of resurvey affects land cultivated or uncultivated, adjoining
to patented or surveyed lands therein mentioned, such lands
being the property of the person who takes out the warrant.

    A person intending to take up land by an original warrant
goes in the first place to the treasurer (of the shore where it
lies,) and, paying for the quantity he means to secure, at the
rate of one shilling and nine pence, or, if the land is in
Allegany county, one shilling and three pence, per acre, he
obtains from the treasurer a titling or order, directed to the
register of the land office, and requiring him to issue to, and in
the name of, the person therein mentioned a warrant,
common or special, as the case may be, for the number of acres
for which payment has been made as aforesaid. The titling
specifies the kind of warrant intended, and recites the
payment that has been made.

    If the order be for a common warrant, the party receives a
warrant for the quantity therein expressed, of land " not
" formerly surveyed for, nor cultivated by, any person;"
¾ and

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 467   View pdf image (33K)
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