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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 305   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 305

under proprietary warrants, the 1s 8d being equal to 1s
sterling, the ultimate price of vacant land under the former
system. The 6th section of this act had also required that
persons having surveys already made should compound thereon
on or before the 1st day of May then ensuing, which time was
extended by the act of 1782 as already mentioned. A further
extension to the first of July following was granted by the act
of November 1782, chapter 5.

    By the 4th section of the act of 1781, just referred to, the state
took upon itself the responsibility of the former government
in respect to deficient quantities of land in grants, by
providing that common or special warrants might issue from the
land office of the Western Shore for deficiency in any grant,
on such deficiency appearing on a certificate of resurvey. It
was also provided that such warrants should issue in the case
of caution money paid and the grant or certificate afterwards
vacated; and by the same section it was declared that any
common warrant or special warrant for vacant cultivation
then issued might be renewed within six months thereafter,
but should be executed within a year from the renewment.

    The 10th section of the same act counteracted the
proceedings of the proprietary's agent in receiving caution money as
late as the year 1777, on certificates on which the time for
payment thereof had long elapsed, and which were at the
time of such receipt liable to proclamation warrants, by
providing that in those cases of neglect to make regular
payment in which the time limited for the purpose had expired, on
or before the first of May 1775, all applications that had
been made for proclamation warrants should be regarded, and
warrant issue to the party applying, provided he should
require it on or before the first of July then ensuing.

    The 11th section contained an important, though a very
natural, connecting provision, by directing that grants should
issue on all certificates on which the caution money had been
paid, on the application of the owners of such certificates,
unless grants had theretofore regularly issued for the same
lands to other persons, or unless the chancellor, on hearing,
should otherwise direct. It will be perceived that this was
completing by grants from the state government the titles that
had been commenced under the warrants of the proprietary,
saving however those cases in which patents had already
passed for the lands claimed under such incipient titles, and
leaving a power with the chancellor, on hearing (of any
objection by caveat) to stop the issuing of such grants.

    By an act of 1784, chapter 75, the legislature provided for
the perfecting of titles commenced by warrants obtained
between the 22nd of March and the 6th of October 1774 to affect

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 305   View pdf image (33K)
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