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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 486   View pdf image (33K)
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486 LAND-HOLDER'S ASSISTANT.

 

right to have it executed within a reasonable time after it is
delivered for that purpose) this warrant must, for the same
reason, be confined to the quantity which it expresses, and the
privilege as to the rest will remain with the first warrant.

    The privilege of warrants of resurvey extends, as I have
frequently had occasion to observe, to all the vacant land
contiguous to the original tracts or parts of tracts to be
resurveyed, or rather to those which are actually resurveyed, for
the practice admits of the surveyor's leaving out any part of
the lands mentioned in the warrant, a reason being generally
assigned for so doing; and the privilege, so far as it
depended on the lands so left out, cannot be retained. With this
reservation, the right to all adjoining vacancy is now held to be
absolute, always supposing that it is not affected by prior
locations, for, these even a warrant of resurvey cannot
supercede. Warants of escheat and of proclamation have, except
as to amendment, exactly the same privileges as warrants of
resurvey, for they are essentially of that nature. It is proper
here to observe that, according to the form of an escheat
warrant, it is not absolutely invalid if the land should be found
to be escheat not by the death of the party therein named but
of some other person, and at all events this circumstance is
not to prevent its execution by the surveyor if the land itself
be sufficiently described; but it is not for me to say how far
the right acquired under a warrant in any degree defective
might be sustained, on contest against a more perfect
warrant, in favour of general expressions in the form. It must
be acknowledged, however, that warrants of resurvey are
generally issued in an imperfect form, in not reciting the dates
&c. of the original grants; that this has been the practice for
fifty or sixty years back, and that it has never to my
knowledge been made a ground of objection to the resurvey.
Frequently also, when parts of tracts are to be resurveyed,
the quantities of those parts are not recited in the warrants.
All this depends on the party, who may furnish the
particulars so omitted, or direct searches for the dates and other
circumstances of the originals, if he thinks proper. These
omissions are supplied by the surveyor, by reference to the
patents and other title papers, when he executes the warrant;
and the blanks left in the record for that purpose are filled
accordingly before patent of confirmation issues.

    The exact practice of surveyors in ascertaining titles,
previous to the execution of a warrant of resurvey or of escheat,
I am not acquainted with. I presume however that they use
all practicable means for that purpose. In former times
titles were generally set forth at large in the petitions for
warrants, and were accordingly recited in the warrants
themselves. In more advanced periods the derivation of titles



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 486   View pdf image (33K)
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