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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 482   View pdf image (33K)
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482 LAND-HOLDER'S ASSISTANT.

 

only renews his hold upon the first certificate by another
warrant, obtained on the same terms, his former payment is
forfeited; it being plainly the intention of the law to tax, for the
benefit of the state those proclamation warrants which are
taken merely for delay, or rather for maintaining an exclusive
controul over lands, without fairly purchasing and settling
them. The idea that these annual compositions for a new
hold upon the land were intended in the nature of installments
is contradicted by proceedings of the legislature which took
place within two years after the act regulating the subject of
proclamation warrants. I speak here of two resolutions,
passed in the year 1797, by the first of which it was provided
that the time prescribed by law for making return of
certificates should, in respect to resurveys made under warrants
theretofore issued to affect lands in Allegany county, be
extended by an addition of six months, and that upon return of
the certificates within the period so enlarged, the parties
interested therein, or any of them, might enter into bond, with
securities to be approved of by the treasurer, for the
payment of the composition due thereon in three equal and annual
installments, with interest from the time of return; that, in
default of returning certificates within the time thus extended,
the lands should be liable to proclamation, as in other cases
of failure to make return and to compound; and that where
the installments on such bonds were not regularly paid, scire
facias
should issue, for recovery, against the persons, lands,
and chattels of the obligors, and the lands affected by such
surveys be bound for payment of the composition: by the
other a similar provision was made in respect to those
surveys, before described, of which the certificates had been
examined and returned to the office: the parties to install before
the first of June then following. Here then the subject of
installment was immediately under the consideration of the
general assembly, and placed upon a footing which evidently
shews that it had not been in contemplation to allow the
payment of composition by installments of tenths upon
successive proclamations. Those tenths are in fact an interest, or
revenue, which the state draws from lands thus surveyed, and
taken out of its immediate power, without being paid for.
It is probable that cases of individual hardship may have
occurred under this singular scheme of paying an annnal
premium for a privilege in many instances attended with no
ultimate benefit; but the law and its settled interpretation are
such as I have stated them.

    Deficiency found on resurvey cannnot be applied directly
to the payment of composition, except by being set off against
the vacant land included in the particular resurvey in which
such deficiency is declared. In other cases warrant may be



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 482   View pdf image (33K)
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