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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 81   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 81

    The Warrants issued at the early period to which we at
present refer could only be those of original survey. The form
of these, it has been seen by the examples given, was
very loose and unsettled, as were also the distinctions of
common and special now applied definitely to all Warrants of this
kind. They were frequently of the nature of special
Warrants as far as circumstances then permitted, it being in most
cases impracticable to give them a location more precise than
by designating the particular district or quarter in which they
were to be laid. The periods prescribed for the return of
Certificates of survey upon those Warrants appear to have
been also loose and arbitrary. They were probably
regulated by the quantity and the situation of the land to be
surveyed: Six months seems to have been the mean period
assigned for this purpose; but the Warrants at the expiration of
that term were renewed upon application or others with new
locations issued upon the surrender of the former ones. Not
only Warrants and Certificates, but Patents themselves, were at
this time transferrable by assignment, endorsed thereon, or in
the case of the two former, made and acknowledged before the
Secretary, and by him entered on record. The assignment
of Patents, which will be hereafter more particularly noticed
was attended in general with more solemnity. It is
necessary here to observe that the practice in the points already
spoken of, and a variety of others is gathered only from the
records of particular cases, and not from any positive
regulations now to be found. Hence our accounts must
frequently appear conjectural and inconclusive until we arrive at a
period when the Land Office establishment became distinctly
organized and the proceedings of course took a more
determinate and regular form.

    The surrender of Warrants, which has just been
mentioned, is not perceived to have been provided for by any
express regulation, nor to have been a practice frequently
occurring. It appears however to have been allowed as a
matter of course, although doubtless within the controul of
the government. The object of this proceeding is supposed
to have been a change of location, or the gaining time to
look out for eligible lands; the parties choosing in the
interval to let their claims rest upon the rights standing to their
credit in the office, instead of keeping their Warrants in force
by periodical renewals. Accordingly upon the surrender of
a Warrant the rights on which it was founded were revived
as if it had never been issued. New Warrant was
sometimes immediately taken, or the revived rights applied in



Source: John Kilty. Land Holder's Assistant and Land Office Guide.
Baltimore: G. Dobbin & Murphy, 1808. MSA L 25529.



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 81   View pdf image (33K)
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