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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 433   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 433

 

by proof of the original running, and the act of November
1781 ch. 20, §. 12, directs that no patent shall issue
for land which in the opinion of the chancellor may have been
thrown out of the lines of a grant by the variation of the
compass.

    It was contended by the defendant's counsel that there was
no proof of the land of Oliver Spry:

¾

but it appears clearly
that the tract called Scotland was to run with the land of
Spry, wherever it lay, from Fishing creek to Scotcher's creek,
and therefore there can be no vacancy to the south, between
the line of Scotland (from one of the creeks to the other)
and Spry's land;

¾

and if there is any vacancy on that point,
it must be to the south of the land that was Spry's.

    On the whole the chancellor is satisfied from all the
circumstances above stated that the location made by the defendant
is not a just one, so as to shew any vacancy; and that the
location made by the caveator, of the tract called Scotland, is
sufficiently established by the calls, and the proof, to shew
that the defendant's pretensions are within the lines of that
tract, (the interest of the caveator in which has not been
disputed); and he considers that it is not necessary or proper to
send the parties to a jury, by ordering a patent for vacancy
thus endeavoured to be shewn. It is therefore, this 14th day
of January, 1807, adjudged, ordered, and decreed, that the
caveat of Lancelot Warfield in this case be ruled good, and
that the defendant John Merrikin pay the costs.

 

CHAPTER X.

INSTRUCTIONS TO SURVEYORS, AND TO REGISTERS OF THE
LAND-OFFICE; ORDERS RELATING TO CAVEATS; &c.

    I PROPOSE now, after a few previous remarks, to insert
such instructions as have been issued by the governor and
council for the direction of the officers concerned in the
land office establishment; and also those orders which the
chancellor has considered it within his province to prescribe
relative to the entry and continuance of caveats. By what
has been heretofore said concerning the powers of the judges
of the land office it will be perceived that I do not consider
them as possessing authority to institute rules, in general, for
the government of the office. The registers are not
personally under the direction of the judges, but under that of the

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 433   View pdf image (33K)
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