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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 187   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 187

was not used until the year 1751: it is the
original warrant of the kind, and the proclamation of 1725 is
therefore the one to which, if it must be referred to a single
proclamation, the origin of these warrants is to be ascribed.

    But although this proclamation, continued for some years
to be referred to alone in all warrants for affecting forfeited
surveys, and though the second proclamation does no more
than to repeat and enforce the subject of the first, the tenor
of this first one is not such as to make it a sufficient ground
and authority for all the warrants of the kind that were
subsequently issued; for it embraces only those cases in which
the surveys were made under special warrants (either
original or of resurvey), and it was not until the proclamation of
1733 that surveys on common warrants were subjected to the
operation of warrants such as those we are now describing;
this last mentioned proclamation is moreover in other
respects so important a one, and is so distinguished in its
circumstances, being made by the lord proprietary in person,
after he had (a) suspended the issuing of warrants for six
months, that it cannot be safely asserted that this
proclamation was not as much in view as any other in the appellation
which was afterwards given to these warrants, more
especially as, prior to their receiving that name, it was in many
instances referred to alone as that of 1725 had formerly been,
in the reciting part of the warrants. In regard to the name
finally obtained by these warrants, a few further remarks will
remove all difficulty. Mr. Tasker, a gentleman of eminent
note and influence in the provincial government, was the first
person who took a warrant for affecting land already
surveyed and which by virtue of a proclamation had become
liable to be taken by a second survey to the benefit of the
discoverer. If he did not draft the warrant itself, it was
undoubtedly drawn from a (b) written application, in which he referred

    (a) The proclamation refers to a suspension in the issue of warrants,
and the records shew its duration to have been about six months;
renewal of warrants already out being in the mean time permitted. The
measure was occasioned by the proprietary's intention to raise his rents,
which he did by this proclamation. The instrument is therefore,
properly of the description of conditions of plantation.

    (b) Warrants naturally divide themselves into two parts, the first of
which contains the motive or reason of their being demanded, and the
object on which they are to operate; and the other directs the execution
of what is desired, under certain conditions and restrictions: for this
last part of warrants there has generally been a set form, but under the
former government the first part of all warrants involving resurveys was
allowed to contain any special matter whatever that the parties thought
proper to set forth, and which was previously stated in their petitions

In a general way these petitions were prepared by the clerk, but it is
easy to discover that persons such as Mr. Tasker commonly prepared
their own applications, well knowing the importance in land office
transactions of being full and correct at the outset.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 187   View pdf image (33K)
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