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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 483   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 483

 

obtained for it, and that warrant applied. For the purpose
of the application here spoken of it is immaterial whether a
warrant is in force or out of date. So far as money has been
paid for primitive warrants, and the object is not in some way
realized or made good, the claim subsists, and passes to
assignees, heirs, or representatives, without limit. If the
party desiring to apply unexecuted warrant offers what is
sufficient for the whole composition due on a certificate, and there
are no improvements returned, the transaction ends in the land
office, without the certificate's being taken to the treasury.
The warrants, or parts of warrants (for there is here no limit
to assignments) are surrendered up and cancelled, and the
application is made by endorsement on the certificate. If the
application goes but in part towards the composition, the
certificate is taken by the party to the treasurer, who receives
what still remains due, and endorses his receipt. The
preceeding remarks are presumed to have shewn all that can be
done with warrants not carried into execution, and also to
contain all that remained to be said on the subject of
composition.

    The matter that next claims attention is the duty of
surveyors in the execution of warrants; but, of this I shall not
speak much at large; first, because I have already given a
general account of those duties in stating the provisions of
the laws on that head; and secondly, because I am not
sufficiently informed of the actual modes of proceeding adopted
by those officers in cases where doubt or difficulty may arise,
and should deem it unsafe to ground a set of absolute rules
or maxims upon the letter of their instructions, which I have
already stated to be in many points impracticable, and in
others not duly observed. In general therefore I think it best
to refer to the instructions themselves, which, though
defective, are the authority from which the duties of surveyors are
to be collected. One of the few articles of those instructions
upon which I shall make any remark is that which directs what
is to be done by a surveyor upon receipt of a common
warrant; to wit, that, besides the date of the warrant, the time
of its being presented, the quantity it expresses, &c. he shall
note, in a book to be kept for the purpose of those entries, the
place at which the party obtaining such warrant locates the
same. I will not suppose that this location must absolutely
be made, or that, if made, it must necessarily be a precise
one. A common warrant, however, cannot be executed
without some direction to the surveyor concerning its location; I
presume therefore that a location of some kind is generally
made upon depositing a common warrant with the surveyor,
or at least, as soon as any entry of its receipt is made in his

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 483   View pdf image (33K)
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