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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 487   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 487

 

from the original patents, necessarily became more difficult,
or at least more lengthy, and probably upon that account it
was dropped in the office. By instructions heretofore
inserted, the surveyors were authorised to resurvey parts of tracts
upon the evidence of conveyances; and these are, of course,
the evidence on which they must still act. Upon the whole,
I suppose that the surveyors satisfy themselves that the titles
exist, as set forth in the warrants, and that they are not bound
to execute a warrant containing a palpable misrepresentation
in this particular. In regard to parts of tracts there is
certainly something amiss relative to the making good
deficiency, as it can only have been intended to guarranty the
quantities of the original tracts, and a part may be deficient of the
quantity expressed in the deed without the whole tract's
being so. This however is a subject upon which I do not think
proper to enlarge; and being so imperfectly informed as I am
concerning the real methods of proceeding of the surveyors
in reference to the interest of the state, and indeed in the
execution of their duties generally, further than may be inferred
from their instructions, I shall here close this particular head
of enquiry, although a multitude of points may arise, in the
execution of warrants, which it would be proper to examine
if I could with entire confidence state either what the practice
is, or what, as the instructions now stand, it ought to be.

    What concerns the return of certificates has been
sufficiently explained. When a certificate is in the office it lies six
months, after being compounded on, open to objection by
caveat. A caveat, however, it is well to repeat here, may be
entered before return; in which case, it is directed against a
certain survey, made or supposed to be made under a given
warrant; but caveats in this way are not common, because
the party by such anticipation shortens the effectual duration
of his caveat, which, in every case, is confined to a
twelve-month from the time of entry, unless the judge of the office,
under special circumstances, gives it a further continuance.
In the case abovementioned a provisional entry is made by
the register in the margin of the warrant; and no order,
according to the general practice, is taken for trial until the
return.

    When a certificate is in the office, as before mentioned, a
caveat is upon application, or on the ground of the previous
memorandum, entered in form in the docket of the office,
and endorsed on the certificate, which from that time
becomes incapable of being patented, to any other person
whatever, until the caveat is disposed of by the judge, or expires
by law. It is not necessary, nor very common, to assign the
particular cause of caveat at the time of entry, but it may be
done, at the pleasure of the party.



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 487   View pdf image (33K)
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