grounded upon a title obtained after the warrant was taken
out, has on caveat not been admitted. As to the
circumstances which may, on hearing, be adjudged sufficient to
prevent the issuing of a grant, it will not be expected that I
should particularize them. The most prominent obstacles to
the obtaining of grants may be seen in the adjudications that
have been exhibited. Some of them are of a positive and
obligatory nature, as, where land, returned in a certificate,
was formerly within the lines of an original tract, and has
been excluded by the variation of the compass; in which
case the law positively directs that no patent shall issue for
such land, except to the party claiming under the original
grant: or, where the length of a line in a certificate shall not
reach the boundary for which it calls, and the line shall not
have been actually run; in which instance it is also directed
that the survey is, in a certain degree, to be adjudged void.
But, in the first case, which is the most common of all grounds
of caveat, it has been seen that the matter depends upon the
judge's being absolutely convinced of the fact, by proof of
the original runnings, without resting merely on the alledged
effect of variation: In short, every case depends so much on
its particular circumstances, and the discretion of the judge is
so extensive, under the general rule of equity, that it would
be unsafe for a person writing under no express sanction from
existing judges to describe cases in which caveats must
absolutely prevail. In this article therefore, as in others, I think
it best to confine myself to the general design of this
compilation, which is to shew what has been done in the land office,
from which the reader may infer what would be done in
similar cases; for, as the practice rests in so great a degree
upon usage, the authority of precedent is no where more
respected than in the land office. Referring therefore all that relates
to valid grounds of caveat to the decisions heretofore
inserted, I pass to what concerns the issuing of patents.
When a certificate is examined and passed, returned to the
office, compounded on, and has lain six months after
composition without being caveated, or is released, by adjudication or
by the operation of law, from the effect of a caveat, it is
ready for patents, and according to the theory of the system,
and indeed the direction of the law, a patent is to be made
out by the register, and presented to the chancellor, or the
judge of the land office, for his approbation; upon which, and
upon its being signed by the governor, it is to be passed
under the great seal, and recorded. In regard to the Eastern
shore, the law, by particular provisions, requires that the
approbation of the judge shall be certified, (which is
accordingly done by endorsement;) that the register shall, at his own
expence, transmit the patent to the chancellor, for his attestation,
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