become the property of the petitioner, that in the|
patent of the said land the lines " are not rightly recited
" according to the first and original survey thereof," as by
copies accompanying the petition, would appear, the first line
being expressed in the patent south east, &c. instead of south
west, &c. the following order was passed.
" Copy of the original certificate filed in the land office,
" attested by the register of said office, being produced
" and the allegations laid in the petition appearing to be
" true, Ordered thereupon that the error committed be
" rectified, both in the patent and the record thereof."
COUNCIL BOOK, C. B. fol. 243.
" A patent of confirmation intended for William Carpenter,
being either through his mistake or that of the clerk,
issued in the name of his father Simon Carpenter; the
proprietary by his order of the 21st May 1683, directs the
secretaries of the province to alter and amend both the patent
and the record of it, by " rasing" out the name of Simon,
and replacing it by that of William."
COUNCIL BOOK, W. C. No. 4, fol. 346.
Exemplification of Patents.
Of the importance attributed to the possession of
patents under the great seal of the province, notwithstanding
the evidence of title resting upon the original certificates in
the office, and the records both of the certificates and patents,
numerous instances are discovered. As long as people could
occupy lands without paying either rent or caution, they were
not in a hurry to take patents, but required a stimulus from
the government, as the various proclamations on that
subject sufficiently shew; but when every thing was fair, and
their certificates ready for patent, they did not in a general
way neglect to secure their lands by obtaining that instrument
which is the essential evidence of title, or rather the title
itself: in the same spirit, when a patent was by any accident
lost or defaced, the party was anxious to remedy it by getting
another, or something equivalent to it. This gave rise to
what are called patents of exemplification, for granting which,
express authority is found in instructions from the
proprietary of the 20th of November 1657. The following is the
form of his proceeding.
" CECILIUS, &c. To all, &c. Known ye that
" Whereas we have had the inspection and seen the
instrument of certain letters patent, the tenor whereof
followeth in these words, viz.