456 BALTIMORE v. McKIM.—3 BLAND.

established rule, never lost sight of in the office, that whenever
there is anj doubt as to the \ahdity of the caveators' objections;
and it appears, that they may be as well, and as effectually con
sidered in the ordinary and regular course of judicial proceedings,

before Mr Bladen left this Province, which he did in June, 1747, yet he never
made good, rights for more than four thousand and twelve acres which was
in 1746

Your Excellency will observe that in the order of Octobei, 1743, as well
as in the other two of the 15th and 16th of April, 1745, there are these words,
" caution to be paid on the return of the certificate,' which is unprecedented,
and the more extraordinary as no special order appeals, or is refeired to

By the 11th article of his lordship's instructions, dated the 14th day of
June, 1733 contained in the following words 'There shall be in all future
common warrants a clause inserted by proviso, that the patent shall be taken
out within the space of two years after the date of such warrant which said
clause you are hereby enjoined so strictly to obseive as not to suffer the
renewal of said warrants after such time or any patents to issue contrary to
the true intent and meaning thereof " it is as your Excellency will observe,
expressly ordered that a conditional clause be inserted in every common
warrant enjoining the person obtaining it to sue out patent within two years
from the date of such warrant, nevertheless, there is no such proviso or
clause in the warrants granted by Mr Bladen, which are therefore in that
respect, repugnant to his lordship's instructions

We shall conclude our remarks on these warrants with observing, that
instead of the usual words, "return youi certificates of survey thereof
within six months from the date thereof," there are inserted in the warrant
of the 16th of April, 1745, the words following, " return your certificates of
survey thereof into his lordship's land office with all convenient speed,
which expression we conceive can never be constiued to imply the space of
fifteen or sixteen years

It appears by an old and imperfect memorandum book in the office, that
certificates for Buck Lodge, Sugar Bottom, Providence, Turkey Flight, Bigg
Bottom, Prized, Lawrence, Cove, and Three Spring Bottom, were returned
into this office some time before April, 1747 This Mr Thomas Cressap, by
his letter to us, dated the 6th of April, 1761, seems to admit, or rather insists
on, and is supported by the evidence of Col Thomas Prather, who acted at
that time as an assistant to Cressap, and by the deposition of one Joseph
Tomlinson, which deposition with that of Col Thomas Prather, and Mr
Cressap's letter are submitted to your Excellency's perusal, but we beg
leave to remark, that although all certificates are directed to be returned by
the deputy surveyors into the land office, there is nothing more common
than for the partys themselves, or for others in their behalf to withdraw the
same, nor can it be otherwise, for until the examiner's endorsement appears
on the back of each certificate as well as his lordship s agents acknowledg-
ment of composition, the certificate is incompleat, and as nothing appears
to the contrary it is more than probable if any regard be paid to Tomlin-
son's deposition, that this was the case with those certificates delivered into
the office for Mr Bladen, before April 1747

Upon the whole, as Mr Bladen did not pay caution for, or make good
rights to more than 4,012 acres, though he had it in his power before he left
the Province, and as no person ever applied on his behalf to pay up caution
for the remainder until May, 1761, which was after Doctor Ross had obtained