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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 477   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 477.

 

The expediency of it I do not presume to condemn, or to
reason upon; but, the practice ought to be made
conformable to the instructions, or the instructions to the practice.

    I have spoken hitherto chiefly with an eye to common
warrants; but, the abuse, as it may safely be called, of the
reasonable privileges of division and assignment has
extended also to special warrants. In respect to these a check has
indeed been lately interposed in the order of the governor and
council of the 31st of July 1805, directing that the registers
of the land office shall not thereafter issue any special
warrant with more than one location. The circumstances that
gave rise to, and that attended, this order cannot be fully
explained without a detail too minute and too personal to be with
propriety exhibited. It is sufficient to state that the late
chancellor, observing by the papers submitted to him in a
particular case, that uses were made of special warrants such as
he considered wholly irregular and unauthorised, addressed
a letter to the register of the Western shore land office, in
which, after condemning in the most decided manner the
practices in question, as well as the splitting of common
warrants, already described, and expressing some doubt
whether he, in his capacity of judge of the land office, could
with propriety abolish those abuses, he recommended it to
the register, as the most eligible course, to represent the
whole matter to the governor and council, giving him
permission in that case to forward the aforesaid letter as part of the
representation. The register pursued the chancellor's advice,
and the order above referred to was passed in consequence:
but, what concerned the splitting of common warrants
appearing, as the register was informed by a letter from the
council, to require some additional and explanatory
instructions to surveyors, the consideration of it was postponed;
and, perhaps, because the attention of the board has not
again been formally called to the subject, it has never since
been taken up.

    Previous to this regulation a person apprized before hand
of cultivated vacancy in ten different situations, might procure
a single warrant with as many different locations, and sell them
out to the same number of persons, each of whom might
make a survey, return a certificate, and obtain a patent, for
more land than the entire (c) warrant originally expressed.

    (c) I do not mean to say that a warrant never was issued under the
former government with more than one location. I have, by a close examination,
discovered a few cases of special warrants with several locations,
within about the last ten years of the proprietary government. I
shall not attempt, here, to account for this, or for other irregularities in
the manner of obtaining warrants. A person of consequence in the government
has received warrant upon his letter to the clerk, promising to pay
when he should come to Annapolis that caution money which, by the most



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 477   View pdf image (33K)
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