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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 205   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 205

CHAPTER XII.

 

PROCEEDINGS IN THE NATURE OF DISPENSATIONS OR
REMEDIES.

    THE extracts of which I have here judged it proper to
form a particular class are examples of various proceedings
according with the title I have given them. They might be
more numerous, but there is no design in exhibiting them
but what is sufficiently answered by the few here collected.
How far these, and other " acts of favour," as the
proprietary government was fond of calling many of its proceedings,
are to be considered as evidencies of the regular practice of
the Land Office I shall not pretend to determine; but, being
inclined to think that they demonstrate rather the power of
the proprietary, and the discretion vested in his officers, than
the common operations of a regulated system, I have not
shewn them in all the variety which the records would afford.
The great number, indeed, of cases which might come under
this description, and the difficulty of distinguishing those
which are decided on their merits from others resting on
mere influence and favouritism, renders a selection somewhat
perplexing, and is in part the cause of my giving so slight a
sample of these proceedings.

Lost Warrant Renewed.

    " Luke Gardiner declares on oath that a warrant granted
" to him for 350 acres of Land had been accidentally lost,
" that neither himself nor any other person by, for, or under
" him, or by his consent, privity or knowledge, ever made
" use of any part or parcel thereof, or received any benefit
" thereby, save only one hundred acres part thereof by him
" assigned to Thomas Mattenly, &c.

    " Warrant granted for 250 acres to Richard Eleden,
" assignee of Gardiner."

    LIBER, W. C. No. 4, folio 106.

Warrant renewed upon abandonment of a survey actually made,
but of which no certficate had been returned.

    " Andrew Abington made oath that, although upon the
return of a warrant for five hundred and fifty acres granted to
him, &c. there was an endorsement of the surveyor purporting
that a survey had been made under the said warrant of 150
acres, called " the Indian Cabbin Branch," he the said Abington





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 205   View pdf image (33K)
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