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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 349   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 349

beyond sea, should have five years after the disability was
removed to commence an action. The power of these
commissioners was limited to the first of January 1796, and it
was then suffered to expire, but by an act of 1804 ch. 67, the
same number of commissioners has been again appointed,
with these and other more extensive powers, being
authorised on the application of any possessor of a lot or lots
westward of Fort Cumberland, suggesting manifest errors in
the certificates or patents of such lots, or in any line thereof to
correct and adjust the same in their judgments according to
the original location thereof; a certificate of which location
under the hands and seals of the acting commissioners, is to
be returned to the clerk of the county court, and being
recorded by him is to have the same effect as an adjudication
made by the former commissioners, " any expression in said
" certificate of survey or patent, to the contrary,
" notwithstanding." This law is to continue in force until the year 1810,
and has a peculiar bearing upon the records of the land office,
but in speaking of so recent an act of the legislature I do not
permit myself to make any further observations.

    By an act of 1797, ch. 31, the register of the western shore
land office was authorised and directed to make sundry
corrections in the returns of the commissioners appointed as
before mentioned, for the distribution of lots to officers and
soldiers, and the adjusting the preemption of settlers, by
erasing numbers erroneously assigned to particular persons
and inserting opposite to their names other numbers specified
in the act, which insertion was to be evidence of title equally
with the original entries of the allotments made by the said
commissioners. By subsequent acts the register was directed
to correct and alter the location of certain lots in the
particulars therein specified, the said alterations to be made by him
in the certificates, the patents, and the records thereof, but no
existing rights to be affected by those proceedings. These
acts were passed after the expiration of the first commission
just spoken of, and before the late renewal and extension of
the authorities thereto attached.

    At the session before mentioned of 1804 an act was passed
reciting, in substance, that large bodies of land in Allegany
county had theretofore been surveyed and were then lying on
certificate, liable to warrants of proclamation, but that from
the great quantities of bad land included they were not likely
to be taken in the whole for purposes of cultivation; that by
the rules of the land office these surveys could not be taken
in part, and that it would be of public and private benefit, by
vacating the certificates, to put those lands in a situation to be
taken up in parts as vacant land. It was therefore ordained
by this act that all certificates of the before mentioned





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 349   View pdf image (33K)
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