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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 176   View pdf image (33K)
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176 LAND-HOLDER'S ASSISTANT.

the land of his deceased son, deemed to be escheat¾a
husband's soliciting the same privilege in respect to the lands of
his wife who had died without issue, &c. The cases of all
kinds in which lands were escheated under the proprietary
government are, as I have said, exceedingly numerous, and
yet I find it stated in an English law authority that escheat
seldom happens to the lord for want of an heir to an estate.
It is reasonable therefore to conclude that the law and rules
of escheat rested very much upon the constructions and
pleasure of the proprietary. The applications, orders, warrants,
and other matters relating to escheats formed a great part of
the business of the land office, although towards the latter
period of the proprietary government the intervention of
proclamation warrants superceded in some degree those of escheat,
in affecting by a distinct kind of claim and process such lands
as reverted back to the proprietary through non-performance
of conditions. Escheat warrants continued however to be
granted for property falling back for want of heirs
¾but the
process of inquisition and regular condemnation previous to
the sale or survey, was interrupted by the total change in the
affairs of the land office occasioned by the suspension of the
proprietary government in 1689. The disposal of escheat
land was a matter which the king's governor and council could
not assume without trespassing upon lord Baltimore's rights
of property which, notwithstanding the severe proceedings
against him in other respects, it had been thought proper not
to invade. This was a trust confided to the proprietary's
chief agent and other confidential officers, left in Maryland to
attend to his interests, and who with considerable success
opposed their personal weight and superiour abilities to the
inveterate warfare that was carried on by the new administration
against the remaining rights and influence of the absent
proprietary; for though king William was content with depriving
that nobleman of the powers of government, his officers in
Maryland were willing to go much further, and were at length
only restrained by positive injunctions from their sovereign to
allow the proprietary's agents all proper means and facilities
for collecting his rents and managing his concerns in the
province. In the course of these ferments the chief agent
appears to have claimed and sold lands as escheat without any
condemnation or preparatory form, probably knowing that
favourable decisions were not to be expected under the
newly established order of things, and although he was called
upon by the government to shew by what authority he sold
lands as escheat without an office found, I do not perceive that
the practice was ever fully resumed, and long before the
period of our revolution it was wholly abandoned so that all that a
person had to do who supposed land to be escheatable for want





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 176   View pdf image (33K)
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