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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 84   View pdf image (33K)
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84 LAND-HOLDER'S ASSISTANT.

matter to the (t) Governor or Secretary, had his complaint
entered in the form of a Caveat, being in its nature, and
from the etymology of the word, a Caution to the proper
officer not to issue Patent in the case in question. The method
of bringing these disputes to hearing and decision was
essentially the same as at present. Defendants and witnesses were
summoned, or the depositions of the latter taken by
particular orders for that purpose. The matter was tried
summarily
and determined on (u) principles of equity and good
conscience
, by the Governor who was the sole judge in Land
affairs, but generally availed himself of the assistance of
the Secretary and the Surveyor General, and sometimes of
his Council at large. The appointment of Judges of the
Land Office by that denomination and their principles and
modes of proceeding will be noticed in a succeding part of
this work.

    It has been observed that Warrants were often so far
special as to contain a designation of the particular district in which
they were to be executed. A few words more are
necessary upon that subject: Warrants are said to have a
location when they are directed to be executed at a particular
place, that is to say, on, or adjoining to, certain lands therein
specified. All Warrants located are called special Warrants
in contradistinction from common or general Warrants which
may be executed any where; but Warrants may be special
in other respects besides that of location. The
Proprietary's Conditions of Plantation were general Warrants,
authorising the proper officers to pass grants of land to all
persons who could shew that they had, by the performance of
certain requisites, entitled themselves thereto. Orders from
the Proprietary in favour of particular individuals were
special Warrants, and to those only the term was originally
applied. The first notice of a distinction between special and
common Warrants as referring to location is found in an act
of Assembly of the year 1750 " concerning the Secretary's
and Clerk's fees: in which it was directed that those officers

    (t) By some of the examples that will be given of Caveats it will be
perceived that at a certain period they were instituted and tried in the
courts of law
¾But this was in Cromwell's time, and is not a part of
the regular practice. The ministerial officers of the Proprietary were
generally invested with the power of determining whether Patents should
issue on the Certificates lying in his Land Office, and so far as those
questions came under their cognizance they were governed by the principles
that prevail at this day.

    (u) It is on these principles that contests in the Land Office are
determined at present, for so the law directs: So by stronger reason those
contents must have been decided on grounds of equity under the
Proprietary government, since the proceedings of the Land Office out of which
those disputes generally arose, were in no particular regulated by law.
The principles of decision here referred to, are prescribed explicitly in
all commissions to the Judges of the Land Office.



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 84   View pdf image (33K)
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