CHAPTER XXV.

LACHES IN PURSUIT OF CLAIM.

As a warrant or order of survey contained no transfer of the land, but was merely an authority to the proper officers to have it surveyed and distinguished from the common mass of vacant lands, with a right to a conveyance of the legal title by patent, on the performance of the conditions stipulated, it bore no resemblance to a common law conveyance, nor could much light be derived from the learning relating to the latter in the books. It was in the nature of an executory agreement, which is peculiarly the subject of a chancellor's jurisdiction, and is regulated by principles of justice and equity. Hence, in the discussions of our courts on the subject, chancery principles, drawn from the decisions of courts of equity, have been appealed to as grounds of determination where positive law and established usages of the offices were silent. Relief has been granted, so far as the jurisdiction of our courts permitted, against frauds and accidents, and parties have been declared trustees where the circumstances of the case would, on equity principles, justify it. In conflicts with adverse claimants, under the proprietary and the com

monwealth, much was always considered to depend on vigilance in following up a right, or laches in long neglect of it, by which others were induced to expend money in acquiring title to the land, or in improving it. By promptness and care a title might be secured -by laches or gross neglect, and a superior equity thence arising in third persons, it might be totally lost.(1)

Sometimes this neglect by a party has been termed an abandonment: which, perhaps, in the sense of a voluntary relinquishment, rarely occurred, especially where money had been paid: though on applications, where nothing was required to be paid in the first instance but the fees of office (seven shillings and sixpence), the party might really abandon, on discovering that the land had been taken by another, or for other reasons. (2) This doctrine of abandonment has been said never to apply where the party having a warrant or location procured a regular survey, designating the land by metes and bounds: for in such case it must be considered as definitively appropriated.(3) This is to be understood with the qualification, that the survey is duly returned, or ownership exercised, by taking possession, paying taxes or otherwise. Possession goes a great way, and if taken and continued, may confirm a title otherwise imperfect. (4)

(1) 4 Serg. & Rawle 471. 12 Serg. & Rawle 129. 2 Binn. 58, 163. (2) 2 Sm. Laws 152, 169, 187. 2 Serg. & Rawle 398. (3) 2 Sm. Laws 169.

(4) 1 Yeates 287, 509, 521. 2 Yeates 81, 88.

A warrant, for instance, dated in 1763, and totally abandoned until 1812, might give no right; yet it might give a perfect right, if followed up in a reasonable time by a survey which had been destroyed without the fault of the warrantee: or it might give a right even without a survey, if it described the land with reasonable certainty, and the warrantee took possession, designating boundaries, so as to be known, and retained a continued possession till survey in 1812. A notorious and well established possession under a location descriptive of the land, is an appropriation sufficient to support ejectment.(1) On the other hand, even though the warrant be descriptive, yet if twenty years are suffered to elapse without having a survey returned, or taking possession, or examining acts of ownership, and, in the mean time, a title vests in another under the commonwealth, the claim may be lost. (2)

The laches alluded to may be considered as evidenced by the failure of the party to comply with certain requisites, which constitute the ingredients of this kind of title, and the following are some of the most important items to be shown:

1. The payment of the purchase-money at the time required by law or usage.

(1) 4 Serg. & Rawle 470.

(2) 3 Binn. 103. 1 Penn. Rep. 74. 2 Serg. & Rawle 398. 1 Yeates 289, 218, 521.

2. The description of the land granted with reasonable certainty, so as to furnish notice to others of its disposal, and to operate in analogy to a conveyance by deed describing the land conveyed.

3. The filing the warrant with the deputy surveyor, and procuring a survey in a reasonable time measured and marked on the ground, enabling others thereby, and by the entry on the books of the deputy surveyor, to ascertain on the spot, or neighbourhood, by due examination, any prior appropriation of the same land.

4. The return of survey to the office of the surveyor-general, on payment or tender of the fees within proper time, which gives further notice in the office of the surveyor-general.

5. The acceptance of this return by the surveyorgeneral, evinced by its being placed among the regular files of accepted surveys in his office: or, if improperly refused, the application for relief to the board of property or a court.

6. Taking possession, or exercising acts of ownership by paying taxes, or otherwise, under a descriptive warrant, or location, or survey.

7. Early complaint and prosecution before the board of property, or at law, on notice of an adverse claim, or when any fraud, neglect or misbehaviour of the deputy surveyor becomes known to the party.

CHAPTER XXVI.

LAND OFFICE AND BOARD OF PROPERTY.

FROM the earliest times, the grants of land by the proprietaries were managed by certain agents appointed by them, consisting of commissioners of property, or the governor of the province for the time being, or president of the proprietary council, and heads of departments, organized for the purpose of issuing grants, receiving purchase-money, causing surveys to be made, and appointing and superintending the deputies employed in that duty, settling accounts and transacting other business appertaining to the sales of lands. These officers, considered together as a whole, were termed the land office.

The first act of assembly relative to the lands of the commonwealth after the revolution (the act of 9th April 1781) constituted a land office, resembling the proprietary model, consisting of three persons-the secretary of the land office, the receiver-general and the surveyor-general, and directed the records and papers of the former land office and board of property to be removed to it. These are of great importance, as they contain the origin of all titles to land. They