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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 447   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 447

 

    Answer. I know of no rule or practice in the land office
respecting the running through elder surveys that does not
apply equally to special warrants and warrants of resurvey:
I cannot well answer the latter part, not knowing the meaning
or drift of it. I can only say that neither warrant can
affect two pieces of land absolutely unconnected; or in other
words that no certificate, under a warrant, which
comprehends two tracts or bodies of land wholly unconnected with
each other, is good.¾ This, I conceive is a very ancient rule
established in the land office.

    3d Question. Whether or not are the proprietary
instructions in the land office, and there recorded, which from
time to time were given by the different proprietors regulating
the manner in which their lands in their province of
Maryland should be granted?

    4th Question. Whether or not do you know of any other
instructions given by the proprietors of the province on that
subject except such as are there recorded? If so, what were
those instructions, and from whom did you receive your
information, and at what time?

Answer to the two preceding questions.

    I understand there are such instructions as are mentioned
in those questions, and I know not of any instructions
relative to the land office except those which are recorded or were
recorded in the land office.

    5th Question. Whether or not do you know of any
proprietary instructions or proclamations relative to the granting
lands in the province of Maryland, which were ever issued,
that are not remaining recorded in the land office? and if so,
which proclamation or instruction, and when, or by which of
the proprietors of the province issued?

    Answer. I do not know of any such proclamations which
are not remaining recorded. To explain my former answer
I can only say that I have understood from the register that
some of the instructions or proclamations of the proprietary,
on which usages and practices were grounded, are not in the
land office.

6th Question. Have not grants been directed by the judge
of the land office for vacant lands taken up by warrant of
resurvey where the person who took out the warrant of
resurvey had only an equitable interest in the original at the time
the warrant was taken out, and the survey made, and that
although such certificates were caveated?

    Answer. The full extent of the term equitable interest may
not be perfectly understood by me. I do know that grants
have been issued for vacant land taken up on a warrant of
resurvey where the owner was entitled to the elder tract under
a certificate compounded on, but not patented to him, or any



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 447   View pdf image (33K)
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