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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 197   View pdf image (33K)
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any arrangement satisfactory to all parties, during the
twenty-six years that the proprietary government remained
suspended. How soon the original claims and principles
respecting surplus lands were revived after the restoration of that
government does not clearly appear.At all times however
there was such a thing recognized as surplusage in grants,
though lessened by the effect of the land laws, and warrants
are perceived until a late period to have been issued for the
resurveying of lands for the purpose, among other things, of
ascertaining the surplus according to the existing regulations;
still there was, as might be expected, a backwardness in the
land holders in that particular, and the proprietary issued
various proclamations calling on all persons who held
surplus land to make resurveys, and pay for the excess of their
grants. It was under a proclamation of this kind, dated the
14th of June 1733, that the warrants heretofore spoken of,
giving to the first discoverers the privilege of making
resurveys on the lands of others, and appropriating to themselves
the surplusage, appear to have taken rise:
The first
warrant grounded on this proclamation was issued to Mark
Herbert on the 12th of January 1735, and the last to Nicholas
Lowe on the 12th of July 1736; the intermediate number
of them being considerable. These were the warrants which,
as I have heretofore observed, created such confusion in the
province, and the short period of their duration shews that
the dissatisfaction occasioned by them was such, as the
proprietary found it inconvenient to encounter; and although
some of these warrants must have resulted in patents, for
the surplusage, I have been informed that the claimants
under such patents did not succeed at law where their titles
were contested.
This however is a matter which it is not
within my province or design to investigate, as my enquiries
extend no further than to the operations of the land office,
with exception of this short lived expedient of the
proprietary to obtain payment for surplusage where the owners of
the patented tracts including it would not themselves make
resurveys, and excepting also those instances in which the
government, prior to the revolution of 1689, ordered lands
to be resurveyed for the discovery of surplus, there was no
efficient method of obliging people to account for the excess
of their grants. Repeated proclamations were the only
resource of the proprietary, and through the apparent
fairness of his claim, the idea entertained of his power, and the
various inducements that have always existed for making
resurveys, his views and interest were occasionally gratified in
relation to surplus land. The principle, though subject as
has been remarked, to contest at law, continued to obtain in
the land office, and warrants of resurvey generally contained

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 197   View pdf image (33K)
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