Saracen, meet in conflict for the Holy Land-trace the early glories of Venice and Genoa, and mourn for: their decline-shudder at the religious wars of France, and weep with her suffering protestants-lament for the fate of the Scottish Queen, and be indignant with her hard and sterile rival-pursue the wanderings of the Russian Czar from the workshop of the English artizan, to the foundation of his mighty Northern Capital-start on his meteor course with the artillerist of Toulon, and follow him an emperor, and the world's wonder, to his humble grave on the rock of St. Helena turn to any page of historic truth, and you will find more to captivate your fancy, and interest your heart, than all the ingenuity of fiction can supply.

to be competent to every branch of the profession. His studies must radiate into all its departments. It is our peculiar privilege to be at liberty to avail ourselves of whatever is excellent wheresoever it may be found. We are gradually constructing a system for ourselves-adapt ed to our own country—to our own frame of civil polity -suited to our own wants and to our state of society: we are therefore at liberty to adopt, and we do from time to time adopt salutary principles from all codes To an American student therefore all codes and all systems are objects of study, as fountains of light and sources of argument. His daily practice demands from him a knowledge of common law and equity-of ecclesiastical and maritime law-of commercial law and the law of nations-as the statutes of his own country local Pay your devotions too, at the shrine of the muses. and national, and of those of the people from whom our Enrich your fancy and improve your taste by familarity. origin is derived. This field would seem to be in it with the standard poets of at least your own languageself wide enough for the researches of the most enamor with that ancient race whose rich imagery and musical ed explorer of legal science. But your task is still numbers form the attractive dress of manly sense, of greater. You are to superadd to the skill of the con- natural feeling, of pure ethics, of legitimate satireveyancer and the acuteness of the pleader, and the with Milton and with Young-with Pope-with Goldsagacity of counsel, the information and ingenuity of the smith, and with Cowper. But waste not your strength advocate. You are to discuss all topics-to range through-corrupt not your hearts, with the effeminacies of all sciences-to speak familiarly of all arts-to address Moore, and licentious impurities of Byron. Let your all classes of men—to rouse and to allay all passions— intellectual exercises like those of the body be whole. to excite hope to create fear-to touch all the springs some and vigorous, such as to fit you to become a blesof the human heart, and make them subservient to sing instead of a curse to that circle of which in the proyour designs. All this falls within the scope of your gress of time you are to become the centre. profession. Hence there is no species of information, therefore to contemn as unmanly the morbid sentiments, the acquisition of which can be deemed unimportant and to reject as nauseous the libidinous painting of the -no art, no trade, no science to be considered foreign titled poet. to your pursuit. From every source which may be open to you, learn all you can; from the formation of the pin which contributes to the adornment of a lady's person, to the management of the mighty power which the genus of our Fulton has taught to "annihilate space and time" from the habits of the household fly to those of the splend d bird which wings its flight against the sun-from the modest violet, which with its drooping head and early perfume solicits the admiration of childhood's innocence, to the never dying oak, which under the plastic hand of the builder is converted into our nation's bulwark and her glory. Believe no subject too abstruse-none too simple to be moulded to your purposes: The perjury of a witness has been detected by the pleader's acquaintance with the natural history of a fruit: we have all seen juries listen with delight to illustrations of complicated machinery, flowing from the lips of a distinguished advocate as though he had been himself the master spirit of the combinations he described.

Learn

But beware, gentlemen, that the muse does not seduce you from your severer studies. Pass with her, only your moments of recreation. In her close em brace there may be lurking danger: and beautiful and lovely as she is, you may rise from too much dalliance with shorn locks and enfeebled strength. Your business is with men, and lies among the realities of life. In all your excursions into the flowery paths and verdant avenues which may tempt your feet from the onward road to eminence, keep your eye fixed upon that road, and the means of instant return within your grasp.

In your preparation forget not the living languages. You are destined to intercourse with men of all nations. If you do not seek them abroad, they will seek you on your own shores Learn therefore to address them in sounds which will be melodious to their ear, and cheat them into forgetfulness that they are strangers in the land. Forget not that language which is a passport of communion from one extremity of Europe to the other the language of Corneille, Racine, and Moliere-the Seek unremittingly to acquire historical knowledge. Of language of that gallant people who brought succour to the history of your own country and of that from whose our ancestors in the day of their extremity and carried shores your forefathers came, pilgrims to a new world, back with them those seeds of liberty which implanted it would be shame to be ignorant. Unacquainted with in one century, have in another burst into the full and them, the charter of your rights, the constitutions of perfect fruit of freedom; the language in which will be the Union,and of the individual states, would be almost told the story of that recent revolution, of which we sealed letters: their spirit could not be appreciated- know not whether most to admire the courage with nor their wise precautions understood. They were which it was accomplished, the rapidity of its consumframed by men conversant with the evils of oppres- mation, the oblivion of self and devoted patriotism of sive government: who knew from the lessons of history the actors, or the refined humanity and generous forthe devices which power will invent to destroy free-giveness of injury which has ennobled its termination, dom, and the engines it will employ to break down re- the language of the friend and guest of this nation, the sistance and punish contumacy. To be thoroughly father of regenerated France. understood they must be studied by minds imbued with the same knowledge, and prepared by the same discipline.

Become familiar with ancient history as an inexhaustible fund of delight, and a means of salutary induction from the past to the future: and with modern, as a part and parcel of your own existence. Substitute for the seducing romance of fiction, the equally fascinating romance of history, and if you demand excitement and crave to have your imagination roused. go to the wars of the Moor and the Spaniard, to the fields of Granada and the banks of the Gaudalquivir follow the armies of Europe until the Christian sabre, and scimitar of the

Study too, the tongue of the land of romance, of the Ebro and the Tagus, of the noble Spaniard who is now listening with greedy ear to the shouts of freedom as they burst across the Pyrenees, and startle the affrighted tenants of the Escurial. It is the language of a large portion of our own western world; of nations yet in their infancy, with whom our connections are destined to be impor tant,and with their interests ours to be deeply mingled. These languages will be rich acquisitions: they will open to you mines of intellectual wealth, and largely contribute to your professional advancement. In fine, gentlemen, let your early life be a life of improvement. Learn all you can. Above all endeavour to be accurate

in your knowledge; carry mathematical exactness into
all your researches, and remember always that clear
and distinct ideas are the foundations of logical reason.
ing.
Gentlemen-the training of the mind has been rapidly
glanced at. It remains to allude to a more important
training; that of the morals and the heart, a topic which
though applicable to all, is conceived to be specially
connected with your pursuit. The law emphatically
demands integrity of conduct, and purity of morals from
its worshippers. How gross the inconsistency, should
they whose whole study it is to know how to prescribe
the rule of right to others, be found themselves to be
transgressors of that rule. He whose declared province
it is, to protect the weak, to avenge the injured, to
lash the licentious, should take especial care to be
himself

"Integer vitæ, scelerisque purus."

How else, can he hope to escape the bitter smile of incredulity, the sarcastic glance, telling him plainly, as he describes with fervid eloquence some flagrant injury, that he is but depicting his own character. How would his spirit quail, should he hear, in the "very torrent, tempest and whirlwind of his passion," the ejaculation,

"Mutato nomine, de te fabula narratur." Guard therefore your integrity. Endeavour to be as spotless as your erring nature will permit: and if higher and better motives are not sufficient, let the conviction that your professional prosperity will be advanced, be an inducement to cultivate sedulously all that is noble, and shun all that is base.

Bar of Pennsylvania have presented many examples. Look back but a few years to the names of Tilghman and Lewis, and Ingersoll and Dallas, and Pinkney and Emmet, the illustrious dead; and you will find exemplars to stimulate ambition, and guides to eminence. Look to the still remaining brethren of these men, the revered and respected patriarchs of our own bar, and you will behold models worthy of all imitation; gentle. men who decline the repose which they might fairly claim in the evening of a life of laborious exertion, and continue to bestow upon their profession, and their country the fruits of their learning and experience in the productions of their pen. Look to the generation which has followed them, to the enlightened men, who among ourselves, now bear the sceptre of command, men distinguished alike for learning, for eloquence and for moral worth. Look to the Senate of the Union, and follow from the chamber of conscript fathers its pride and ornament; and go with him to the supreme tribunal of the nation, behold him every where commanding respect and admiration, shedding light, and carrying conviction. Look to all these, and you will see that minated, and to follow in your course to usefulness and you have been asked to tread its paths brilliantly illufame unerring guides.

The existence of this academy is a proof that you have started in your career with ardor, and are pursu ing it with judgment. It is an admirable institution, entitled to your constant support: a field of intellectual combat, in which discussions are heard that would command respect from established tribunals: and which has already obtained a fame abroad, gained by the writings of a favorite son. The Academy has long been deeply scientific labours, and philosophical research, has not hesitated to preside over its fortunes: its present session is commenced under auspices of renewed brilliancy, in the accession to its faculty of gentlemen upon whose model the rising generation may be proud to form themselves.* When hereafter the names shall be recounted of those, who imbibing here their legal princi ples, shall have sustained nobly the honour of their profession, may yours, gentlemen, and that of each of you, fill a large space in the animating story.

So interlinked and entwined are the virtues, that where one exists in perfection, it is impossible the oth-indebted to the celebrated jurist, who in the midst of ers should be wanting: and where all are excellent, it is difficult to assign pre-eminence. Yet if it were demand. ed to point out that virtue which sits with especial grace upon a member of your profession; the answer would be, beautiful and spotless truth. Truth to your client -truth to your brethren-truth to the Court-truth to the Jury. It is the sentiment of our own statute, which admits us within the pale of the bar, under the sanction of an oath, requiring fidelity to the court, as well as to the client; and, alas that such a sanction should be required! abstinence from all falsehood. Let the spirit of this solemn engagement be scrupulously observed, and your profession will indeed be one to command your love and gratify your pride. And as such, and only as such, gentlemen, is that profession worth pursuing. It is a most mistaken idea, an unfounded calumny, that its spirit tends to perversion and sophistry. It is a lying and a false spirit, which leads to disingenuity, and not the spirit of your profession. Your profession is a manly and an honourable profession. Fir argument, and sound logic, and dauntless truth, intrepidity which fears no frown, independence which courts no favour, are its manly and honorable weapons: and he is a recreant to the order, and unworthy of its emblazonry, who enters its listed fields with less noble instruments of warfare.

Closely allied to the virtues are the graces, and worthy of all cultivation. They are like the setting of the diamond, which enables it to display its brilliancy and throw abroad its corruscations of light. The accomplished lawyer, should also be the accomplished gentleman; polished in his manners; kind and courteous to all; servile to none; freely yielding homage where it is due, never exacting it from others; studious to render kindness, to spare feeling, disdaining to inflict injury; scrupulously observing the rights of others; not overjealous of his own; cultivating, in fine, true politeness, that of the heart, which is confined to no rank, is peculiar to no station.

Gentlemen,In this rapid sketch of the character and qualities of your profession, has too much been demanded of you? You are solicited only to attain he same excellence of which the Bar of the Union and the

LAND TITLES.

(Continued from page 337.)

The plaintiff claimed under a warrant of the 1st of February, 1760, from lord Baltimore to David Ross, for 500 acres of vacant land, in Frederick county, Maryland, between Little Meadow and Buck Lodge, on Potomac river, above Fort Cumberland, partly cultivated. On the 56th of April, 1762, a survey was made for Ross, the certificate of which stated that by virtue of a renewed warrant of 4th of February, 1762, 295 acres were surveyed, called the Dry Level, beginning at two white oaks, standing on the top of a hill, on the west side of Will's creek; but the survey said nothing of Little Meadow and Buck Lodge, or of its being partly cultivated; and it was said to be ten miles from the Potomac, and below Fort Cumberland; a Maryland patent to Ross, was dated in December, 1762.

The court said, the case depends upon the articles of agreement of 4th of July, 1760, between lord Balti more and the Penns. By these articles, the estates of all persons were protected, who had before that time acquired title by any kind of grant from lord Baltimore, or his ancestors. The question then is, had lord Baltimore made a grant to David Ross, prior to 4th of July, 1760? If the original warrant had called for the land afterwards surveyed, we think that the title of Ross, would have related to the date of that warrant, although

One of those gentlemen has resigned his station since this address was delivered.

the survey was not made until some years after, provided the warrant had been renewed according to the practice of the Land Office of Maryland. But suppos ing, as we do, that the warrant did not call for the land surveyed, the grant to Ross cannot be said to commence before the time of surveying it, viz. 30th of April, 1762, and is therefore a mere nullity. We can find nothing in the articles of agreement between the proprietaries, to establish a title of this kind, to land in this state against a person, who, like the defendants, afterwards acquired a regular title from the proprietaries of Pennsylvania, (which, as appears by the report, commenced in August, 1766,) a new trial was therefore granted, on the point of fact, whether the land was called for by the original warrant of 1760.

and of 270 courses contained in the field notes, which were several years in witness's possession, he left out above one hundred and fifty of them; and the witness afterwards delivered the field notes to John Digges, the patentee.

The lands in possession of defendant were thus thrown out of the returned survey, but were included in the resurvey, which was said to have corresponded with the lines originally run upon the ground.

There was much other testimony, but not material to the point now under consideration.

The court in their charge to the jury, said, in substance, as follows: The lands in dispute lie four miles north of the boundary line between the States of PennIn the lessee of Thomas Lilly, v. George Kitzmiller, ries' agreements, lord Baltimore could have no right to sylvania and Maryland. Independent of the proprieta. at York, May, 1791, before Shippen and Yeates, Jus-grant lands beyond the limits of his province. Whattices, (MSS. Reports,) the case was as follows: The lessor of the plaintiff grounded his title on a Maryland patent for 6,822 acres, dated 11th of October, 1735, founded on an original warrant for 10,000 acres, dated 1st of April, 1732, which, according to the custom of the Land Office of Maryland, had been several times renewed; also, on a Maryland warrant of resurvey, to re-survey the ancient metes and bounds, correct errors in the first survey, and add contiguous vacancies, whether cultivated or not, dated 15th of July, 1745. A survey thereon of 3,679 acres, made in October, 1745, and a patent, dated 18th of October,

1745.

ever, however, was granted by either proprietor, order in 1738, was secured to the settlers by their muthough beyond their respective limits, before the royal tual agreement, but the subsequent agreement of 1760 could not affect the rights of persons claiming under in this cause is, whether the first survey included the either proprietor, previous thereto. The great question lands now possessed by the defendant.

It appears to us there is a failure in the plaintiff's title in this early stage of it. Under the practice in Pennsylvania, of making proprietary surveys, trees are marked on the ground, and where there are no trees, or He also relied on the two agreements of the proprie natural boundaries, artificial marks are set up to distintaries of Maryland and Pennsylvania, the first dated guish the survey. By these means, if the surveyor reMay 10th, 1732, under the 11th article whereof, "Per-turns a d aught, different from the courses and distances sons holding lands under either of the proprietaries, actually run, the mistake is easily corrected. Should though beyond the division line of the two provinces, the surveyor commit an error in his return, it shall not were secured and quieted in their rights and posses- affect the right of the party. Such cases have frequentsions," and the order in council made in pursuance ly happened. thereof, on the 25th of May, 1738. And the second agreement on the 4th of July, 1760, under the proviso whereof, it was declared, that "nothing therein contained should be construed to extend to the respective grantees, or those claiming under them," and deduced his title to both patents, under a will, and divers mesne conveyances and descents.

But the case is very different under the ancient practice of making surveys under the proprietaries of Maryland. Such surveys were merely ideal, and precisely fixed on paper alone. No trees were marked except the beginning boundary. Lord Baltimore's instructions, which have been read, clearly show us, what his intentions were, and that he was concluded only by the The defendant's title rested on a warrant to Martin courses and distances returned. The survey was amKitzmiller, for 150 acres of land, including his improve-bulatory, not confined to a certain spot of land, but was ments, from the Land Office of Pennsylvania, dated 5th of February, 1747; a survey thereon of 164 acres, made 30th of May, 1759; a patent dated 17th of September, 1759; and a conveyance from the patentee to him. It was proved that the defendant and his ancestor had been in possession of the lands in question since the year 1738, or 1739. It was admitted on both sides, that the temporary line between the two provinces, was run in 1739—the final division line run by Mason and Dixon was completed in 1767, and that the proclamations of the respective governors issued in 1774.

The instructions of lord Baltimore to Charles Carrol, his agent, dated 12th of September, 1712, were also given in evidence on the part of the defendant, whereby the mode of assigning warrants was pointed out, and wherein he directs, that in each survey, the boundary tree alone should be marked, and the courses and distances specified in the return of survey, as the fairest mode, and best calculated to prevent civil suits!

governed by the variation of the compass, and was continually shifting. The courses and distances returned formed the survey, and determined on an exact admeasurement, the particular lands granted, as often as they were run. Those courses and distances alone were binding on the proprietor, and consequently on his patentee. It necessarily follows under our idea, that as the testimony of witnesses, or any other circumstances shown in the cause, cannot establish a title to lands without the limits of the original survey as returned, that the plaintiff must fail in the present suit.

We mean, however, in thus giving our opinion, which we have taken some pains to form, to confine ourselves to the express case before us. It is not intended to affect other rights. Persons who have bought lands from plaintiff, even within the resurvey, may have acquired titles by their possessions and improvements, which should not now be shaken. The plaintiff suffered a nonsuit.

PART II.

previous to the year 1765.

With an intention to show fraud or mistake, in the deputy surveyor, it was proved by an ancient witness, that the deputy surveyor did not return the first survey of the ancient practice and customs of the Land Office, as actually made by him on the ground; that the quan. tity of 10,000 acres was really contained within the lines of the lands run by him, including the lands in question, and that upon making his plat, and finding the figure to be very irregular, he got displeased, and swore he would not cast up the contents, or return it in that form, and then reduced a number of lines into one, struck off five or six angles in different places, and made a new plat different from the courses and distances run on the land,

By force of the royal charter, William Penn, and his successors, as proprietaries, were the undoubted lords of the soil. They stipulated, however, with the purchasers under them, to extinguish the aboriginal right of the natives. They alone had this power. No individual, without their authority, could purchase of the Indians; and the people themselves, by legislative acts,

recognized, and aided them to enforce this important principle.

They had the unquestioned right to dispose of their lands in any manner they thought proper. But without settlement, a grant of an extensive territory would have been useless. If the condition of colonization had failed, the grant must have been resumed; and if the disposition of the great founder had not been the most benevolent, a commanding necessity obliged him to encourage emigration and cultivation, and to part with his lands upon reasonable terms.

with large appropriations of liberty lands, and it became almost a science to trace out original titles. From such cause is to be attributed the singular appearance of the original minutes of property, which exhibit a record of transfers and mesne conveyances in abstract, and pedigrees, and even of intermarriages. It is not improbable, however, that in some cases, these may be valuable documents at this day.

In the minutes of the Board of Property, August 15th, 1765, there is a special order respecting old rights. The preamble suggests that great quantities of lands on The officers of the Land Office were his officers and such rights had been again applied for, and twice grantagents. The commissioners of property were controlled ed, and, "The deputy surveyors are directed to send by his regulations and authority; and it will appear, that in to the surveyor general's office, all the surveys on from the acts of these proprietary agents, many rights old rights which they can discover not to have been yet to land have sprung up from time to time, which have, returned-And all future surveys thereon to be returnnot improperly, been termed inchoate, irregular, im-ed in two months after made." perfect, and equitable titles; founded not only upon warrants, surveys, and patents, but upon settlements. connived at, or acquiesced in, depending sometimes upon the situation of the proprietor's title, or the unsettled state of his family, upon the supposed circumstanceers, duly commissioned, authorized, and appointed, or of the Land Office being shut, or encouragement given to settlers on or near controverted boundaries, and to promises. Hence also custom and usage of the Land Office from early times have vested interests, which have afterwards been confirmed by judicial decision, and recognized by laws. Thus in an instance which may be found in Kyle v. White, 1 Binney, 247, a promise made to a trespasser, to induce him to move off of the unpurchased Indian lands, by secretary Peters, was considered as entitling the trespasser to a preference after the purchase.

Whatever uniform plan of settling the country and conveying his lands, the first proprietor may have contemplated, or devised, it must very early have been found impracticable on experience. At present no regular system can be traced upon the public records. The terms of sale were changed from time to time; and as the affairs of the Land Office were not familiar to the mass of the people, it is not to be wondered at, that the assembly, even in the year 1755, in an address to governor Morris, declare, "that the state and manage ment of the Land Office is pretty much of a mystery." Votes of assembly, vol. 4, page 464.

Of First Purchasers, or Old Rights. The original lists of first purchasers are recorded in the Land Offices. The privileges to which these were entitled, with respect to city lots, and liberty lands, and the price paid by them, and the quit rents to which they were subject, have been already stated. To these first purchasers, the conditions and concessions made in England, chiefly related. Wherever they desired to sit together, and their quantity amounted to five or ten thousand acres, they were to have their lot or township cast together, &c., and in every one hundred thousand acres, the governor or proprietor reserved ten to himself, by lot, which shall lie but in one place. It has been already shown, that this related merely to the original purchasers.

Many of these original rights were long out standing, and several not surveyed until after the revolution, and probably, some few have been entirely abandoned. The subject is at this day intricate from a variety of causes. Many of the purchases appear to have been made upon speculation by persons who never came into the province; and transfers were made of parts or parcels of large warrants to different individuals. For these parcels separate warrants were again issued to survey the subdivisions to the under purchasers By such means, it has not unfrequently happened that a considerable surplus has been surveyed beyond the amount of the original purchase. By the accumulation of old rights, by purchase, in one person, it has also happened, that entire squares of city lots, as appurte. nant, in early times have been granted to individuals,

By the seventh section of what has been termed the divesting act, ante. vol. 1, page 481. all rights, titles, estates, claims, and demands which were granted by, or derived from the proprietaries, their officers, or oth otherwise, or to which any person or persons, other than the said proprietaries, were, or are entitled, either in law or equity, by virtue of any deed, patent, warrant or survey; or by virtue of any location filed in the Land Office at any time or times before the 4th day of July, 1776, were ratified, confirmed, and established forever, &c.

By the 5th section of the act in the text, persons possessed of old rights, &c. were confined in locating the same to the lands already purchased of the Indians, Of Quit Rents.

All quit rents were abolished by the ninth section of the divesting act before mentioned. Any observation respecting them, therefore, can have no further inte rest than as they may be considered as a part of the history of the titles to lands as they stood under the proprietary government.

It does not appear that any certain standard or rule was established with respect to quit rents at the first settlement of the province, except with the first purchasers, which was one shilling sterling for one hundred acres.—See votes of assembly, vol. 1, part 2, page 41.

Lands which were allotted to servants, who came over with the first settlers, and faithfully served out their time, were not liable to purchase money; the quit rent was therefore greater. The seventh article of the conditions and concessions runs thus, "That for every fifty acres that shall be allotted to a servant, at the end of his service, his quit rent shall be two shillings per annum; and the master, or owner of the servant, when he shall take up the other fifty acres, his quit rent shall be four shillings by the year; or if the master of the servant, (by reason in the indentures he is so obliged to do,) allot out to the servant fifty acres in his own divi sion, the said master shall have on demand allotted to him from the governor, the one hundred acres, at the chief rent of six shillings per annum.

When warrants were issued upon what were called the new terms, it appears by the minutes of the com missioners of property, the price was five pounds for one hundred acres, and the quit rent sometimes a bu shel of wheat, sometimes one shilling sterling. This latter was called the common rent. The new rent, and the most usual, was one penny sterling per acre. What ever reservation was made, was stated in the warrant, as part of the contract.

In the commission of October 28th, 1701, to Edward Shippen, Griffith Owen, Thomas Story, and James Logan, as commissioners of property; authority is given to them to grant lands for such sums and quit rents, &c. as to them or any of them, should seem reasonable. The same authority is given by the now commission of November 9th, 1710.

The assembly, in their address to the proprietor,

Some controversy, indeed, there was about this public support; and the assembly alleged that quit rents were originally agreed to be paid to the proprietor, on It appears to have been part of the plan of William account of the extraordinary charge he would be at in Penn to have laid out the province into townships, of the administration of the government. That he had 5000, or of 10,000 acres, and to have surveys made sold lands to a great value, and reserved rents sufficient, within the respective boundaries of such townships; in a moderate way, to maintain him or his lieutenant, and that purchasers of large tracts might lie together; answerable to their station. What if we add, say they, he accordingly introduced this clause into his warrants, that we desire the proprietary would be content to live" According to the method of townships appointed by upon his rents, &c. Considerable altercation, and no me." This plan could not be long pursued." The clause little warmth took place upon this subject between go- in the warrants, however, continued long after the obvernor Evans and the assembly. The dispute, however, ject of it ceased. It was omitted in the warrants for died away. The assembly continued to provide for the the lands in the purchase of 1784, but was not discongovernors down to the revolution. See votes of as- tinued in the preceding purchases, until it was struck sembly, vol. 1, part 2, p. 41, 45, 155; vol. 2, p. 10, 12, out by the present Land Officers, as having no present meaning, or utility.