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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 190   View pdf image (33K)
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190 LAND-HOLDER'S ASSISTANT.

proprietary to Philemon Lloyd, judge of the land office,
dated at London the 19th of September in the preceding year,
in which was contained a direction, " that no special warrants
should be thereafter granted except with the condition that
the parties should take out their patents within two years from
the date thereof," which condition was accordingly always
after inserted, at least, in all warrants of escheat and resurvey.
Although therefore the proclamation spoke only of warrants
already taken, the condition inserted as aforesaid in latter
warrants subjected them to forfeiture on non-compliance, and
the proclamations having explained more at large the
consequences of omitting to compound, and to sue out grants; and
that of 1733 having taken in the case of common warrants,
all subsequent failures or omissions fell under them either
distinctly or in the aggregate, and they were accordingly referred
to as the ground of every application for warrant to affect
lands surveyed but not compounded on &c. by the
description of " sundry proclamations." I have been thus
particular in deriving the origin and explaining the nature of the
proclamation warrant not only to settle a question of considerable
curiosity, but also because the singular name, given, in all
probability, by mere chance, to this species of warrant, has
since the revolution been introduced into the laws of the State,
and recognised as the descriptive appellation of a warrant
containing the general principle of the former one, though
necessarily differing in the extent of its objects and operation:
but although the present warrant does differ from the other in
several important particulars, it is not a warrant of original
ordination, but is, in fact, the proclamation warrant of the
former government, adopted by the state, and as such continues
subject to the rules, usages, and interpretations which
prevailed under that government, so far as they are applicable to
the present objects of the warrant, and are not superceded by
positive rules since prescribed. I shall now insert the
documents referred to, together with a proclamation of the 7th of
February, 1744, which being a repetition, almost verbatim,
of that of 1732, and being too late to have had a share in
originating those warrants, although it served probably, in its
turn, to keep them up, has not appeared to require notice in
the preceding recital.

¾¾

    In the right hon'ble the lord Proprietary's additional
instructions to Philemon Lloyd. Esq. his chief judge in land
affairs, bearing date at London the 19th day of September,
1724, the eighth paragraph is as followeth:

    " 8. Whereas, I am fully convinced how reasonable it is
that any person pretending right unto lands within my province,





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 190   View pdf image (33K)
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