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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 472   View pdf image (33K)
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472 LAND-HOLDER'S ASSISTANT.

 

warrant, and in no case inserting locations absolutely new,
so as to give privileges which the warrant did not contain at
the time of its date, for alterations of this last kind a regular
method is practiced, which may be called the amendment of
warrants.

    The privileges of parties in this particular are so large,
that there are few changes which may not be made in a
warrant while it remains in force; but the essential difference
between these and the corrections beforementioned is, that a
new date is given in respect to the amendments, so that if a
person obtains a new or an additional location, the privilege
arising from it does not refer back to the original date of the
warrant, so as to defeat rights intermediately acquired by
others, and which interfere only with such new location.
Upon the application of a person, previous to the execution
of his warrant, for an amendment or change of location, the
warrant must be produced, and the register, after an entry in
the titling book, endorses on the warrant a direction to the
surveyor to execute the same according to the location
indicated by the party; which direction, or leave, as it is called, is
dated, and regularly recorded in the warrant book, a note
thereof being also made in the margin opposite to the record
of the original warrant. In respect to special warrants, to
which the preceding remarks more particularly apply, the
location may either be amended by a more ample or exact
description of the land originally meant to be affected, or it may
be wholly changed, by substituting a new location: in which
case the former one, (for at present there can be but one
location to a special warrant) is considered as abandoned, and
the vacant land, (if there is any) on which the warrant
before operated is subject to be taken by other warrants. In
regard to warrants of resurvey, a party may, at any time
before execution, obtain a licence or direction to the surveyor,
to include in the resurvey lands not before specified; such
leave being endorsed and recorded, as beforementioned; and
this may be repeated as often as the party thinks proper, so
that the warrant does not, by successive amendments, exclude
the whole of the lands for the resurvey of which it was
originally taken, and become essentially a new warrant. To be
more clear, a warrant of resurvey must be executed, in some
measure, according to the original location, and not be
removed to a place or situation altogether different from that
which was first intended¾ But, the location of a special
warrant may be changed at pleasure. Proclamation and escheat
warrants admit of no amendment whatever. Warrants of
any kind are not renewed, as they formerly were, by giving
a further time for their execution; the laws having assigned
what is deemed a sufficient time, in the first instance. When



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 472   View pdf image (33K)
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