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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 188   View pdf image (33K)
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188 LAND-HOLDER'S ASSISTANT.

in the manner he thought most proper to the
proclamation under which he claimed such second survey: his
reference was a full recital of the proclamation of 1725: the
warrant contained the same recital; but though it differed
thus in its preamble from all former warrants, the land office
was not prepared to give it a new denomination; for the
directing part of the warrant had nothing unusual in its form, and
as his was for 400 acres of land, liable for valid cause to be
taken up as vacant land, (the former survey being annuled,
it was called in the office a " special warrant of vacant
cultivation" for that quantity.¾The next warrant on record
referring to the same proclamation was granted to William
Cumming on the 15th of March in the same year: The
object was to affect land which had been surveyed under an
escheat warrant, but not paid for, and the warrant to
Cumming was, probably for that reason, called a warrant of
escheat. Another, granted to Daniel Dulany, Esq. of the 4th
of May 1 732, on a suggestion that two persons had made
surveys of 500 acres each but had not sued out grants, and
had died without heirs, and without disposing of the lands,
was, on the other hand, called " a special warrant of
resurvey." These warrants continued, in this unsettled manner,
to receive one or the other of the established designations,
probably at the discretion of the clerk who prepared them,
until the year 1751, when a warrant was issued on the 6th of
May to James Jarad, which (c) in the alphabet is called " a
special warrant on the proclamation," and from that time all
warrants founded on certificates not compounded on were
called by that name, or by the shorter appellation of
proclamation warrants, which perhaps they had obtained in a
common parlance before they were so distinguished in the office.
The succeeding warrants of this kind were grounded on one
or the other of the proclamations, according to the
circumstances of the land meant to be affected; and as these
instruments, were, as will presently be seen, not very clearly worded,
the reference contained in the warrants was, for greater
safety, or to avoid the trouble of distinction, to " sundry
proclamations" instead of a single one.

    To examine more particularly the nature of this warrant,
which is the parent of one of the same name, but differing
in some of its properties, now in use, it is to be observed
that the proclamation of 1725 refers to preceding
instructions to the judge of the land office, requiring that persons
claiming right to land, upon certificates grounded on special
warrants, shall pay the condition thereof within a limited

    (c) It is only in the alphabets and in the titling books that the
particular denominations of warrants are found, and the latter, for the period
we are speaking are not in the office.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 188   View pdf image (33K)
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