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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 173   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 173

of Maryland, but these were with Virginia, with lord
Fairfax, who had obtained a grant within that province, and
in some measure with the crown itself. The main point in
dispute was whether the north or the south branch of the Potomac
was to be deemed the fountain head of that river intended in
the charter of Maryland. This province of course
contended for the southern branch; and the officers of the
proprietary government were, to the last moment of its existence,
sanguine in the expectation that it would be so settled whenever
a favourable opportunity should arrive of bringing the
dispute before the king in council. Lord Baltimore, however,
was restrained by some orders of a general nature issued by
by the crown relative to the back country, from settling the
territory in question, and although, towards the end of the
proprietary government, some of those lands were occupied
under Maryland grants, the pretensions of the province in
respect to its western limits were not vigourously asserted, and
were left, so far as I can obtain information, unsettled at the
declaration of American Independence, in which state they
still continue, notwithstanding that many efforts have been
made by the present government of Maryland to obtain a fair
determination of the dispute. But this is not a subject to be
discussed at present, and I shall, therefore, close this slight
notice of territorial disputes by observing that the affair with
Virginia remains hitherto upon a footing the most favourable
to that state, the longitudinal dividing line being drawn from
the meridian of the head or source of the north branch of the
Potomac, so that we may gain, but cannot lose, by an
investigation of our claim.

 

CHAPTER IX.

 

OF ESCHEAT WARRANTS.

 

    THE general principle of escheats recognized in the
English jurisprudence has been stated from authority in the
conclusion of our remarks upon tenures, and it would serve
no useful purpose to attempt a fuller developement of the
doctrine, as it is not certain that the law of escheat prevailing
in that country was strictly pursued in Maryland. There was,
it is true, no other known law regulating that article, nor
could there, agreeably to the charter have been a law or
doctrine of escheat confessedly repugnant to that of England;





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 173   View pdf image (33K)
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