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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 177   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 177

of heirs (for cases of forfeiture had, as has been observed,
gone into another channel) was to venture the expence of a
warrant and survey, and afterwards if he thought proper, of
the price, or, when regulations for that purpose had been
prescribed, two thirds of the price, set upon the land; and
his risk was considerable, for I perceive in none of the
proprietary's acts any guarantee to the purchasers, or any
provision for refunding, in case the title by escheat should not be
maintainable, although instances occur of relief in particular
cases of that sort, by warrants for an equal quantity of land
or by a return of the purchase money. How it happened that
the principles of the English law, which do not permit an
entry upon land as escheat without a previous writ and regular
process of condemnation, were disregarded in Maryland,
even after the particular circumstances which first occasioned
the omission of those forms had ceased, I cannot pretend to
judge; but in that state the business was found at the
termination of the proprietary government, and in the same way it
has been continued, with the exception, which applies to the
business of the land office generally, that it is now regulated
by law, and with some important differences in the principle,
or rule of escheat, and the assurance of title to the
purchasers, which will be noticed when we come to the actual
practice in land affairs. In the mean time the reader will find
subjoined to this general account such documents, passages
and examples as have appeared best calculated to illustrate the
subject.                                            ¾

" Extract from the proprietary's instructions to William
    Talbot, Esq. secretary
¾dated the 8th of September 167O.

    " Art. 3. That you take care to enquire after escheats
of land and hereditaments escheated or forfeited to his
lordship by any ways or means whatsoever, and the same to
cause to be so entered upon record there, that all such patents
of forfeited lands may evidently appear and be known at
first sight to be escheated or forfeited, by prefixing some short
memorandum or note thereof over the head or margent of the
said patents upon record as aforesaid.

    4. That you also cause the said escheated lands as
aforesaid to be entered in another place of the records together
by themselves in due order, mentioning the names of those
lands, the quantity of acres they contain, together with their
bounds and the county and place where they lie and the time
of their escheat and forfeitures.

    " 5. That you cause the same to be likewise entered in
every respective county court where such escheat lands shall
happen to be siezed into his lordship's hands, and that you cause
from time to time notice to be given to his lordship's surveyor

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 177   View pdf image (33K)
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