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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 302   View pdf image (33K)
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302 LAND-HOLDER'S ASSISTANT.

the revolution, I shall proceed to an account of the measures
taken for disposing of this property, and consequently to a
review of those laws and regulations which regard the
agency of the land office in that object; but first, it is to be
observed that, although I have supposed the property of Mr.
Harford to fall indiscriminately under the act of confiscation,
yet, the land remaining vacant though generally considered as
belonging to him, as much as his manors and other improved
lands, was not, in the measures taken by the legislature for
securing and disposing of confiscated property, in any
manner comprehended within that description. It will not
therefore, in future, be spoken of as property confiscated, but
merely as land found at the revolution vacant and unappropriated
within the limits of the state, and for disposing of which,
without any special declaratory act concerning the right to do
so, the land office was opened in the year succeeding that of
the confiscation. There is one species of land, however,
which was neither vacant nor within the generally
received description of confiscated property, to wit, escheat land,
on which the assembly exercised an authority in the year
1780, by an act of October session, chapter 51, " to
" procure a loan, and for the sale of escheat lands, and the
" confiscated property therein mentioned;" concerning which
act I mean for the present only to observe that it
employed, for the disposal of this kind of land, the agency, at
once, of the land office and the commissioners appointed by
a preceding act of the same session " to preserve
confiscated British property," by directing, after a definition of
the lands to be deemed escheat, that those commissioners
should have power to agree for the sale of the same, and that
on their order, warrants should issue from the land office for
such escheat lands, in favour of the discoverers, &c. These
are the escheat warrants which, in concluding the former
book, are stated to have been issued by Mr. Callahan while
the office remained closed in respect to vacant land. When
this suspension was removed, in the succeeding year, the
proceedings in relation to escheat lands were replaced,
under the customary regulations, in the land office.

    As to confiscated property, so called, that is to say, such as
was placed for preservation and sale in the hands of the
commissioners before mentioned, I consider it an article requiring
notice in this compilation, no farther than as the land office
has been concerned in completing the titles of purchasers of
that property, in which respect it will presently claim some
attention. But in entering upon an examination of the acts
of assembly relative to land affairs, I shall pursue that order
which is indicated by the relative importance to the land
office of the several heads or subjects into which the enquiry divides





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 302   View pdf image (33K)
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