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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 137   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 137

case, something like a form would probably have appeared,
instead of the very simple recital and direction contained in
this and many succeeding warrants. The object indeed of
this resurvey was such as the government could not be in any
manner interested to prevent, being merely the connecting of
several small surveys in one grant: It was rather a
convenience, in regard to the collection of rents, to have to do
with one substantial tenant, instead of a number of poor
ones; and while the warrants of resurvey embraced no
privileges respecting vacant land, they appear to have been
issued readily upon application. As soon as the right to
take in vacant land became attached to this warrant, it was
obtained with more apparent difficulty, although the
privilege went, at first, no further than the completing the
quantity of the original grants, if they should be found
deficient by vacancy thereto adjoining, if to be found, and if
not by vacant land elsewhere. The privilege of adding all
contiguous vacancy in resurveys is as before observed of
comparatively late date, and appears to have arisen out of
considerations, which had for their object the proprietary's (d)
advantage and not that of the patentees. The right to correct
and (e) amend errors in the original surveys, especially to
the prejudice of younger surveys, is also an ingredient not
at all times found in the form of these warrants.

¾

    The resurvey which has been here exhibited was made on
lands never separately patented, and was founded on no
alledged errors in the former surveys or any apparent motive
but that of connecting them in a single grant. The following
warrant relates to a patented tract, and is grounded on an
alledged interference of lines.

    After a petition from Thomas Smoote, and an order for its
being granted the record proceeds
¾

    " Thomas Smoote to us maketh complaint that the lines of
" a parcel of land belonging to Robert and Thomas Hatton
" containing five hundred acres doth into a parcel of land
" run formerly taken up by Thomas Gerard now in the
" possession of the said Smoote, containing also by estimacon
" five hundred acres, desiring warrant to resurvey his said
" land by the former lines first run out for the said Gerard.
    " Wherefore lay out for the said Thomas Smoote the said
" parcel of land according to its ancient bounds, and make

    (d) The disposal of land which might otherwise be left in narrow
slipes, or in other inconvenient forms and situations, so as to become
unsaleable.

    (e) It is not meant to say that this privilege or that of adding
contiguous vacancy is of very modern date; but they did not belong
originally to warrants of resurvey.

S





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 137   View pdf image (33K)
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