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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 469   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 469

 

    Proclamation warrants, also, are taken to affect land which
is in some measure vacant, but do not enter into the general
idea of warrants to take up vacant land. They are taken out
to affect land which has been regularly surveyed, and in a
general way, a certificate thereof returned, but on which the
composition remains unpaid after the expiration of a year
from the date of the warrant. A person believing a
certificate to be in this predicament has a right, by usage, to satisfy
himself of the fact, by enquiry at the land office; always
supposing that his question points to a particular certificate, or
warrant, for no general enquiries are answered. Finding the
certificate to be liable, he demands a warrant, upon which,
the register, by an endorsement on the certificate, recites the
application, and states that the party requiring such warrant
will be entitled thereto upon his paying one tenth of the
composition remaining due. The party takes the certificate, so
endorsed, to the treasurer, who receiving the one tenth of the
whole sum due for caution and improvements, issues his
titling, or order, to the register to grant the warrant, as desired;
specifying and describing, in the said order, the certificate, in
all its circumstances, and the sum which has been paid;
whereupon the warrant is issued, and the certificate deposited
again in the office, where it remains, still capable of being
patented to the original owner, or his representative, in case no
return should, as it often happens, be made under the
proclamation warrant, and the proclamated certificate should, after
the expiration of that warrant, be compounded on,

    According to the practice of the office, a person may also
obtain a proclamation warrant on a certificate not returned.
If the owner of a certificate chuses to proclamate it himself
instead of compounding on it, he brings it to the office,
without examination if he thinks proper, and on its receiving the
endorsement before mentioned, he takes it to the treasurer, and
obtains an order for a warrant. If a person means to proclamate
the certificate of another, not returned or compounded
on, he demands a copy of it from the surveyor, and producing
this at the office, he obtains the endorsement, order, and
warrant, in like manner. In these cases the certificate or copy
remains in the office, but no patent can ever be granted upon
the certificate so proclamated. If a person desires to affect,
by proclamation, a survey made on the Eastern shore, but of
which the certificate (being of course returned under a
warrant issued before the first of March 1796) remains in the
Western shore land office, he obtains from that office an
attested copy of the said certificate, on which a proclamation
warrant is issued from the office of the Eastern shore in the
manner before described.



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 469   View pdf image (33K)
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