never had taken nor would take the benefit of the said survey|
¾having returned no certificate of it &c. and prayed
therefore new warrant for the said quantity of 150 acres¾which
LIBER W. C. No. 4. folio 331.
The warrant is supposed to have been returned to the
office as soon as it was expended by the above mentioned
survey, the other 400 acres having been applied to preceding
surveys. The practice which this case discloses of the
return of warrants to the Land Office, when fully executed or
applied, was not in use in the latter period of the proprietary
By the following case it appears that the relinquishment
of a survey, even before a certificate was returned, was a
privilege not always allowed as a matter of course.
" 27th Nov. 1680.¾George Robins represented that he
made a survey of three hundred acres but had not returned
his certificate, the land proving to be within the lines of
Robert Smith; he therefore prayed that the certificate might be
" set aside" and liberty given him to renew his warrant for
the said quantity of 300 acres. Whereupon it was ordered
that the surveyor who laid out the land should appear on the
next council day, and that upon his testifying on oath the truth
of what was alledged the prayer of the petitioner should be
granted¾no further proceeding in the matter is discovered."
Council Book, C. B. folio 103.
Proceedings in case of lost certificate.
" The mayor, recorder, &c. of the city of St. Mary's, by
their petition to the governor, state that Robert Coger,
deceased, had in his life time a parcel of land surveyed for him,
containing one hundred acres, which by his last will he
devised to the corporation of St. Mary's for a public purpose,
but that Charles Boteler, by whom the survey was made, has
lost the certificate of the same¾They therefore pray that he
may be directed to return another certificate of survey; that
the same may be entered upon record notwithstanding that it is
not returned in time, and that patent may issue to the
petitioners for the use intended, &c.
" The prayer of the petition is granted, but the order
issued in consequence is of the nature of a warrant for a new
LIBER No. 19, fol. 613. October 7th, 1677.
" Robert Smith by his petition sets forth, that in the year
1676, he had two surveys made for him, and certificates thereof