CUNNINGHAM v. BROWNING. 311

out any such titling issue a common or a special warrant, for
vacant land, in lieu of warrant remaining 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.(x) Or if the applicant, after
having thus obtained a common warrant, causes a particular descrip-
tion of the land he wishes to obtain to be noted on the sur-
veyor's book, it has, from the date of such entry, all the effect of a
special warrant, (y) But, if the applicant had already obtained a
title to a tract of land, by having had it surveyed, and m certificate
returned, or by having obtained a patent for it, and only wished to
add to it some contiguous vacancy, he may obtain at once from the
register of the Land Office, a warrant of resurvey, directed, in" like
manner, to the surveyor.(z) So if any one had caused a parti-
cular 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 for
inerly limited by the proclamation, and now by the law,(a) any
one else, by an application to the register of the Land Office, and
paying to the treasurer one-tenth of the composition then remain-
ing due,(b) may obtain from the register a proclamation warrmit
authorizing the applicant to take up the same lands, (c) 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 pro-
clamation warrants, (d) And finally, any one by an application,
setting forth that a certain designated tract of land had actually
escheated by the death of the last individual owner intestate and
without heirs, may obtain immediately from the register of the Land
Office, an escheat warrant authorizing the applicant to obtain
patent for the land so specified.(e)

After the applicant has procured any one of these five kinds erf
warrants, his next step is to have the land surveyed in the man-
ner prescribed by the rules and orders laid down for tiie

(x) Land Ho. Ass. 322; Steuart v. Mason, 8 H. & J. 507.—(y) Land Ho. Ass.
285,435.—(*) Land Ho. Ass. 149,322.—(a) November 1781, ch. 20, s. 6.—(b) Land
Ho. Ass. 469— (c) Land Ho. Ass. 186, 359.—(d) Per Kilty, Chancellor, 26th April,
1815, and per Bland, Chancellor, 6th June, 1834; Land Ho.. Ass, 443-(e)| Land
Ho. Ass. 173, 362, 470; Hall v. Gittings,2 H. & J. 125.