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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 481   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 481

 

shore. It then gives a day of exclusive privilege or
preemption to the owner of the certificate, " for" (obtaining) " a
" proclamation to pay and compound on the same
" This does not
mean complete payment and composition on the certificate,
for in that case no proclamation as it is here called, would be
necessary; but it intends that the owner shall have one day in
exclusion of other applicants, for obtaining a proclamation
warrant on the terms before specified, that is, on paying one tenth
of the composition due; and so far as relates to the first instance
of proclamating a certificate this privilege of the owner is not
disputable. But the practice has been for the owner,
without making any return under his proclamation warrant,
repeatedly to proclamate his original certificate, and in this case
the day of preemption has also been allowed, but I think
improperly ; for the law speaks of one day after the expiration
of the warrant under which the survey or resurvey to be
proclamated shall have been returned: the party not having
made a return under his proclamation warrant, the warrant
referred to must be that under which the original survey or
resurvey was made, and which in the second instance of
proclamating must have been a year past, instead of a day, out of
force. The exclusive privilege then, in my judgment, does
not attach to the owner of the old certificate, although he may
like any other person proclamate it anew as soon as it is
released from the operation of his former warrant. I have
dwelt upon this point because every thing that regards
preemption ought to be clearly understood, and to stand upon
certain ground: but as the practice has been to allow the day of
preemption in all cases, I think it proper also to state that it
will so continue until the matter is regulated by competent
authority. The point has been noticed here because it belongs
to the subject proposed, to wit, the resources possessed by the
holders of warrants, where they are not executed according
to their tenor.

    A further use to be made of warrants or parts of warrants
remaining unexecuted is the applying them to the payment of
composition due on certificates. The privileges allowed in
this particular are considerable, but they are still under some
restrictions. Warrant unexecuted will pay for composition,
or rather for caution, due on vacant land surveyed and
returned under common or special warrants, or warrants of
resurvey; and will serve for the final composition under a
proclamation warrant, though not for the one tenth to be paid in
the first instance. It will not pay for escheat land, nor, in any
case, for improvements. The one tenth paid on taking out
a proclamation warrant avails the party if he chuses in due
time to make a return and pay the remaining nine tenths: but,
if instead of this he lets his warrant run out of date, and



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 481   View pdf image (33K)
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