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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 314   View pdf image (33K)
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314 LAND-HOLDER'S ASSISTANT.

and that any caution money which may have been paid for
reserved land so included shall, by order of the governor and
council, or the treasurer of the shore where the payment may
have been made, be repaid out of the first money which shall
come into the treasury.

    The 8th section, for the purpose of disposing of caveats
already instituted, directs that they shall continue in force six
months from the first of July then ensuing, after which, if
they are not prosecuted, or subpoena taken out to bring them
to a full hearing, patents may issue; and the register of the
western shore land office is required to make out a list of all
certificates under caveat, with the name of the owner, that of
the land, and by whom and when caveated; which list is to
be transmitted to the clerk of each county, and by him put up
at the door of the court house for the information of all
concerned. These regulations are noticed here because the
proceeding by caveat is common to all kinds of certificates, and
is therefore of a general nature, but they were in fact but
temporary provisions, and no publication or return is at this
time made of certificates lying under caveat.

    The 9th section establishes a rule which is still in force,
viz. that where special or common warrants remain
unexecuted, warrants may be granted in lieu thereof; or they may
be applied towards the composition on any certificate: this
section further says that nothing therein shall be taken or
construed to oblige the owner or possessor to pay for surplus
land, or to weaken the title of such owner, or to give any
person, except the owner under the grant theretofore issued, a
right to take up or obtain a grant for any such surplus. The
connection between this and the former part of the section I
cannot pretend to point out, but, as general regulations, it is
proper to notice them in the order in which they appear.

    The 11th section of this act regulates the method of sum-
moning parties and witnesses, in trials on caveat, enforcing
their attendance, &c. which, as it must be noticed in another
place, I shall not at present dwell upon.

¾

    By the act of 1785, ch. 66, sect. 8th, it is provided in con-
formity with the agreement between the proprietaries of
Maryland and Pennsylvania, that persons holding, under
Pennsylvania grants, lands which had, on settling the divisional line,
fallen within the limits of Maryland, but which, previous
thereto, had been considered as lying within the other state,
and subject to its jurisdiction, shall be at liberty to take out
patents from the land office of this state, which the register of
the said office for the western shore is authorised and
directed to make out and grant, upon the application of such
land holders, and upon their producing their Pennsylvania patents





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 314   View pdf image (33K)
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