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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 360   View pdf image (33K)
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360 LAND-HOLDER'S ASSISTANT.

of the land office to issue warrants for the resurveying,
proclamating, or escheating any land within any of the counties
of their respective shores, meaning, without doubt, in respect
to proclamating, those lands to which proclamation warrants
were applicable by the known regulations of the land office
under the former government, so far as those regulations were
not affected either by the other provisions of this act or by the
termination of the proprietary's authority, under which they
had been instituted; and in what cases those warrants were
applicable, under the presumed restrictions, seems to require
some examination, in order that we may come in a regular
way to the present design and effect of the warrants in
question. Here it is that the essential difference between the
former and the present warrants must be noticed. By
recurrence to the proclamations of 1725, &c. it will be seen
that lands became liable, under them, to be taken by secondary
warrants (as they may be called for this occasion) not only
because they were not paid for, but also because they were
not patented. The reason of this arose out of the
propritary's right to quit rents on the lands comprehended in his
grants. It is true that lands held on certificate might be made
chargeable with those rents, and there are some proceedings
or passages of a pretty early date affirmative of the
proprietary's right to them from the time of the survey. I believe
further that the rents were charged and exacted at all times, so
far as was practicable, from the dates of the surveys, being
paid as arrearages by those who acquired lands under
proclamation warrants; but I believe also that this was not
always practicable, and it was therefore an object with the
proprietaries that people should take, or sue out, their
patents. They did not often neglect to do this when they had
paid for the land, nor do I know that land duly compounded
on was even taken by a proclamation warrant: nevertheless
it might be so taken for want of a patent, and in this consists
one point of difference between the present and the former
warrants. The present government has no interest, in the
nature of rent, in the lands which its citizens take up. For
purposes of taxation it has provided, by means of the annual
returns, already spoken of, from the registers of the land office,
for obtaining a knowledge of lands lying on certificate and
ready for patent, but the state is, as to its own interest,
indifferent whether a certificate be patented or not, and no
certificate can be proclamated after it is compounded on. This
arises from the law of 1801, which declares, indeed, that
certificates when compounded on shall be patented, but prescribes
no limited time for the issuing of a patent, and directs that
when certificates remain uncompounded on beyond a
twelvemonth from the date of the warrant, the land shall be subject





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 360   View pdf image (33K)
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