certified that an application has been made, and that the
certificate is liable to the warrant demanded. Warrants of
resurvey, and of escheat, in respect to which no previous
payment to the treasurer is requisite, come simply under the
general rule of being grantable to the first applicant.
According to the usage of the office, particularly as established in
some instances by the late register, an oral application is
preferred to one in writing; that is to say, if two persons appear
together in the office, and while one offers a paper, containing
an application, the other makes and specifies his demand
aloud, the latter has the preference, as the matter of his
application comes first to the knowledge of the register: but
this rule does not preclude written applications, where the
register has had time to inform himself of their contents
before verbal applications are made, nor even where the
reading of them should be anticipated by verbal demands, if he
has them in his hands in the land office. In a case above
alluded to, the register, seeing two persons enter the office
evidently in contest for the first application, refused to take a
paper offered him by one of them, and attended to the verbal
application of the other, who accordingly obtained a
warrant; and in a similar case the same course would be now
observed: but where no struggle of this kind obliges the
register to act exclusively upon what he hears, written
applications for warrants, either delivered or transmitted, are
effectual, though certainly subject to casualties, which must be at
the risk of those who make them. In regard to the entry on
the titling book, which is the first thing done after a regular
application, it contains the substance of the warrant, and is,
by usage, effectual, although the warrant should not
immediately be made out; but no entry is made without being
followed by a warrant of the same date. Applications were
formerly permitted to lie three months, during which the
party had the option of taking his warrant or not. By what
regulation this custom obtained I have not observed, and
therefore omitted to notice it in my account of the ancient
practice, towards the close of which, only, it is perceived to
have occurred; but this privilege has ceased since the land
office became regulated by law.
The next matter to be noticed is the correction of errors in
warrants, (and previously in the titling book) before they are
recorded, for afterwards no correction or alteration, of
material import, can be made; and, the licence of the office in
this particular does not go very far even before recording:
but, while warrants remain in this state, the register corrects
a casual error alledged to be his own, or a slight error of the
party, in the naming of lands, &c. always confining such
corrections to what was evidently intended in taking out the
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