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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 248   View pdf image (33K)
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248 LAND-HOLDER'S ASSISTANT.

of land affairs, at an occasional interference by the
legislature, I shall add, under this head, a few passages from
the journals of the upper house of assembly, to shew the
nature of this interference, and the sense of the house upon the
points that were brought before it

¾

" An act touching taking up of land, passed at a session
commencing the 5th September, 1642.

    " Where, any one entreth upon any land to be held of his
lordship, or taketh out warrant for such land in any certain
place, he shall enter into rent the next Chrismas
following, except the right saved to adventurors by condition of
plantation, and if the surveyor be found in delay after his
warrant delivered to him he shall be liable to the party to the
value of the rent till he hath returned his survey, and the
secretary shall be liable in like manner for delay of drawing
the patent after the survey returned and warrant for drawing
of it.

    " Every one claiming title to any land in certain to be
holden of his lordship may demand his claim to be entered
upon record, and such entry shall bar all ensuing grants of
the same land till the claim be tried.

    " Warrants for laying out of land (without any certain
place assigned) delivered to the surveyor shall bind the
surveyor to lay the lands out according to the order as the
warrants were delivered to him upon pain of recompence to the
party greived (except he have other instructions to the
contrary, from or under the lord proprietary.)

    " Upon the back side of every pattent, or in a schedule
annexed before it be put to the seal, the surveyor being
thereunto demanded by the party interested, shall describe
the plott of the grant, with all the bounds named upon the
grant, and a seal and compass it by which bounds the grant
shall be interpreted and judged after.

    " This act to endure for three years from this present
day."

    ASSEMBLY PROCEEDINGS, 1st book, fol. 293.

¾

" Concerning Rights of Land.

    " The assembly perceiving by the conditions of plantacon,
which are imposed upon the inhabitants of this province of
the lord Baltemore, and by his proclamation directed to his
officers here, that none can hold any land of his lordship without
violation of the liberty of his conscience, which he binds to
take an oath, inconsistent with the laws of England now in
force, and published, and so contrary to their engagement to
his highness the lord protector and the commonwealth of





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 248   View pdf image (33K)
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