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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 296   View pdf image (33K)
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296 LAND-HOLDER'S ASSISTANT.

day of June, in the year of our Lord 1675, lay out for your
said petittoners the said severall tracts of 500 and 800 acres
of land in Chester river, in the county aforesaid, by the
severall names of Rousby and Sledmar, as by the surveys
thereof under the hand of the said deputy surveyor, bearing date
the said 12th day of June 1675, remaining upon record more
at large appeareth:

    " That it was some years after the said surveys were made,
before patents thereupon could be obtained, which when they
were sealed, were made to bear date the same instant, viz.
the 17th day of December, in the 5th year of your lordship's
dominion, anno 1679: without reciting the time of the date
of the aforesaid surveys.

    " That since the date of the said surveys and before the
date of the said pattents, certain persons have by vertue of
other warrants of survey taken up the aforesaid tracts of
land or the greatest part thereof, and have gott pattent or
pattents for the same, dated before the pattents of your
petitioners, whereby your petitioners are in danger of loosing
their said land.

    " Your petitioners therefore humbly pray that your
lordship will please to order new pattents to be ingrossed for
your said petitioners said severall tracts, and that the same
pattents may either bear the same dates of the aforesaid
surveys, or that at least the dates of the aforesaid surveys may
be recited in the same pattents, that it may plainly appear
thereby from what time, your petitioners had interest in the
aforesaid land.

    " And your petitioners as in duty bound shall pray, &c.

    " Whereupon ordered, that the petitioners delivering up
the former grants, new patents be drawn for both the tracts
mentioned in the petition, reciting therein the date of the
certificate as is prayed.

    " It was also ordered, that for the future all patents doe
from henceforth recite the dates of their certificates. Mr.
Christopher Rousby humbly moves this board, that there
was also another abuse generally used in all pattents which
was likewise very erroneous, and contrary to all law, right
and good reason, and that was the provision in the latter
end, touching alienations which positively requires the
payment of the alienation to be made by the patentee, thereby
giving the vender liberty to take advantage against the vendee
of his own act and deed; for (as the words now run) if the
purchaser do really pay the alienation, yet the first patentee
denying his order to the vendee, so to doe in the strictness
of the words renders the alienation void and of no effect, and
consequently the land reverts to the patentee.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 296   View pdf image (33K)
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