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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 189   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 189

time, on pain of being thereafter debarred from obtaining
their grants¾The special warrants here intended
comprehend as well all kinds of warrants of resurvey as those
original ones which were distinguished from common warrants
only by being issued with locations. The penalty of the
proclamation operates in respect to all escheat land and
improvements not paid for within two years from its date; to all
vacant land (with its improvements) added to former tracts,
escheat or otherwise, upon resurveys; and to vacant
cultivation, taken up, under primitive warrants, which by any
means should not have been paid for at the time of taking
these warrants, nor within two years as aforesaid. In all
these cases of omission, and, notwithstanding full payment, if
grants should not be taken out, the rights grounded upon the
former warrant became void, the warrant itself annulled, and
the discoverer had a preemptive right to the land. The
second proclamation does nothing more than to invite attention
to the other, except that it is more express upon the article
of preemption. Both of these instruments, however, are
inaccurate and confused, in their design as well as in their
language. In the first one we find the object of it to be " the
" better establishing a more regular method of proceeding in
" relation to escheat and special warrants in the land office."
This evidently supposes a permanent regulation, to operate
on escheat and special warrants thereafter to be issued as well
as those already out, and yet by the letter of the proclamation
future warrants and surveys were not within the scope of its
operation. The same may be said of that of 1732 which speaks
only of the forfeiture of those (incipient) rights which were
then actually obtained; but a literal interpretation is what these
instruments will not in any manner bear; for, the first, for
example, requires a compliance with its directions within two years
from the date, and the second enforces that compliance when
it is five years too late for the purpose. The second
Proclamation, moreover, dwells exclusively upon warrants of
resurvey; whereas, by the recital which it makes of the
former one certificates returned under original special warrants
are equally in contemplation, supposing them to contain land
not paid for at the time of taking the warrants, or
improvements thereon, if so paid for. These Proclamations must
therefore not be construed too strictly; but, in conjunction
with the instructions under which they were issued, and with
the subsequent proclamation of 1733, must be understood to
establish a rule, that persons not compounding on their
surveys and taking out patents within two years from the date of
the warrants should be subjected to the loss of their rights,
in favour of the first discoverer; for the proclamation of 1725
was issued in obedience to express instructions from the





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 189   View pdf image (33K)
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