CUNNINGHAM v. BROWNING.—1 BLAND. 291
Land Ho. Ass. 466, by which an applicant may obtain a patent for
the land he proposes to purchase. If it be his object, in general,
to obtain a certain quantity of vacant land any where, without
regard to any particular space, or tract, then, on pa\ing one-half
of the stipulated price to the treasurer, he gets from him a titling;
Land Ho. Ass. 232, 261, 275, 282; upon which the'register of the
land office gives him a common warrant, directed to the surveyor,
commanding him to lay out the specified quantity of land as
required. But if required by the applicant, on presenting his
titling, the register will insert a particular description of the land
aimed at in the warrant itself; which specification gives to it the
denomination of a special warrant; Land Ho. Ass. 318, 367, 470; or
the register may. without * any such titling, issue a common
or a special warrant, for vacant land, in lieu of warrant re- 311
maining unexecuted in whole or in part; or in lieu of deficiency
found, on resurvey, in original tracts, and for composition paid in
cases in which the certificate, or grant shall afterwards have been
vacated; or where certificates ordered for correction become void
by not being afterwards returned within the time prescribed by
law. Land Ho. Ass. 322; Stewart v. Mason, 3 H. & J. 507. Or if
the applicant, after having thus obtained a common warrant, causes
a particular description of the land he wishes to obtain to be noted
on the surveyor's book, it has, from the date of such entry, all the
effect of a special warrant. Land Ho. Ass. 285, 435. But, if the
applicant had already obtained a title to a tract of land, by hav-
ing had it surveyed, and a certificate returned, or by having ob-
tained a patent for it, and only wished to add to it some contig-
uous vacancy, he may obtain at once from the register of the
land office, a warrant of resurvey, directed, in like manner, to
the surveyor. Land Ho. Ass. 149, 322. So if any one had caused
a particular tract of land to be surveyed, but had failed to comply
with the conditions of plantation, and formerly, to take out a
patent, or now to compound on the certificate, within the one
year, as formerly limited by the proclamation, and now by the
law, November, 1781. ch. 20, s. 6, any one else, by an applica-
tion to the register of the land office, and paying to the treasurer
one-tenth of the composition then remaining due, Land Ho. Ass. 469,
may obtain from the register a proclamation warrant authorizing the
applicant to take up the same lands. Land Ho. Ass. 186, 359.
But when, by reason of the sickness or death of the examiner-
general, warrants could not be examined and returned in time,
the Chancellor has, by a general order, suspended, for a time, the
right to take out proclamation warrants. Per KILTY, Chancellor,
26th April, 1815, and per BLAND, Chancellor, 6th June, 1834; Land
Ho. Ass. 443. And finally, any one by an application, setting
iorth that a certain designated tract of land had actually escheated
by the death of the last individual owner intestate and without
|
|