payment for lands taked up under (o) Conditional Warrants:
otherwise, they stood, as has been said, to the credit of the
parties, and were transferred and applied as occasion
required in more ways than it would be now either useful or
practicable to describe.
The letting fall of Certificates and even of Patents was
like the (p) other a practice arising out of the mere
acquiescence of the Government, and became after some years
extremely frequent. It had, in general, the same object as
the surrender of Warrants, namely, the obtaining more
eligible lands, but was often accompanied by specified reasons,
such as errors committed in the surveys, interference with
prior locations, &c. It did not cease even when a more
regular proceeding for annulling erroneous surveys and grants
had been provided in the establishment of courts of law
and equity, but at length gave way to the system of vacation
on record as practiced at the present time.
The Certificates of survey were in these early periods
very inartificial in their structure, and were defective in not
reciting the Warrants on which they were grounded, as were
likewise the Warrants generally in not noticing the
particular rights in which they originated. The Patents too
exhibit in many instances the like want of reference to the
Certificates. The omission of those requisites may partly be
accounted for by the supposition already stated of auxiliary
records, since destroyed by time, or transferred to the
Proprietary's revenue agents, as many other documents
arising in the Land Office are presumed to have been. In
general the system of entry, with exception of a few of the
earliest years, appears more remarkable for a verbose
exactness than for deficiency in its forms.
The Examination of Certificates, previous to their being
(q) recorded and patented was probably at first an implied
duty of the Surveyor General, whose power of appointing
(o) Conditional Warrants were those granted on an engagement to
make good rights within a limited time. At subsequent periods, when
money was required for land, instead of rights by transportation, the
Proprietaries thought proper occasionally to grant Warrants on credit.
(p) The surrender of Warrants previous to a survey was in fact but
rare, but in letting fall their Certificates, the parties generally sunk also
their Warrants, and rested upon the rights until they were prepared to
make other surveys.
(q) It will surprise those who are in any degree acquainted with land
affairs to find that during a long and important period of the Proprietary
government Certificates were entered upon record immediately on
being returned to the office, and previous to Patents being issued on them.
For want of a knowledge of this fact, these has hitherto been a strong
presumption in the office itself that every Certificate found upon record
had been patented, although the Patents of many of them do not appear.
How far the same presumption may have influenced judicial decisions,
I am not informed.
Source: John Kilty. Land Holder's Assistant and Land Office Guide. Baltimore: G. Dobbin & Murphy, 1808. MSA L 25529.
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