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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 85   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 85

should be allowed for every extraordinary or special
Warrant, double the fee of an ordinary Warrant. But, although
in the early times some Warrants were directed to be
executed in any part of the Province not already surveyed or
reserved, and others in particular situations, sometimes as
precisely described as they are at present, there was not the
exact distinction that now prevails in that matter, for the lands
intended in either case were then supposed to be
uncultivated, whereas it is now for the purpose of affecting land that
cannot be taken by a common Warrant on account of its not
being waste or uncultivated that special Warrants are taken.
It was about the time of the act just mentioned, that is to
say, at the commencement of Cromwell's Protectorship, that
the people of Maryland began to make locations for the
purpose of guarding the lands they had in view from the
operations of younger Warrants until they should find it
convenient to make their surveys; and at the same time arose a
practice connected with this, of marking trees preparatory
to actual survey, and, of entering what were called Caveats
in the office for the lands which the parties had in view.¾
These, which were irregular proceedings, occasioned by the
circumstances of the Province at that juncture, are not
proper evidence of the established (v) practice of the Land Office,
but they are noticed in order to shew the rise of location in
Warrants, which ingredient now gives them a particular
character and efficacy, and on the precision of which frequently
depends all the benefit aimed at in obtaining such Warrants.
It is proper to observe that locations, at the time we are
speaking of, were not always made at the choice of the
parties, but sometimes by that of the government, in pursuance
of a principle to be found in the 9th article of the Conditions
of Plantation of 1648, and the 7th of those of 1649, but
which must necessarily have prevailed in the earliest surveys,
since the safety of the colonists consisted in the compactness
of their settlement, which must therefore have been an
object of public concern and regulation. The following
passages, references &c. are inserted by way of example of the
several points of practice embraced in this recital.

¾¾

DURATION AND RENEWAL OF WARRANTS.

¾

    " 1st December, 1648.¾Warrant to Surveyor to lay out
100 acres for Lieutenant William Evans and John Jarboe in
Bretton's Bay
¾ret. by the 16th March next."

    LIBER A. B. and H. fol. 12.

    (v) There are instances however of permission from the Surveyor
Genera1 to mark trees previous to actual survey after these causes had
ceased.



Source: John Kilty. Land Holder's Assistant and Land Office Guide.
Baltimore: G. Dobbin & Murphy, 1808. MSA L 25529.



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 85   View pdf image (33K)
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