The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-02

tney nave become segregated ana
there is little remaining of the man
orial system In Maryland. except the
practice of resreving ground rents,
which. although found elsewhere, is
not In 30 general use in other states.
A ground rent is the grant Of a
tenancy of a parcel Of land for q
long period of wears at an annual
rental. Until the term is concluded
or the payment lapses SO that the
grantor can re-enter, the land has
passed from his control, but, at the
same time, the grantee has no power
absolutely to dispose Of the land, and
can only transfer his interest in the
tenancy, subject to the present and
future rights Of the grantor si
The system of ground rents has
seemed to impose disabilities on the
best use of land for the general BEN
eft and the tendency of Legislative
enactment has been in the direction
Of restriction and encouragement.
SO that there are now provisions for
the compulsory extinguishment Of
this encumbrance on land at the OPP.
ton Of the actual occupant under
certain conditions.
William Penn proposed to make
Pennsylvania state Of moderate
sized holdings OF real property, and
the charter which was framed for
him was intended to provide for the
freest possible course of alienation
of land titles. The tenure expressed
was that of free and common Soc
cage by fealty only" which was the
least encountered OF feudal TITLES
and represented in It's incidents sub
stantially only the allegiance which
every subject or citizen owes to his
government.
While political powers were grant
ed to the proprietary, they were
coupled with the provision that all
laws should have the approval Of an
assembly Of the landlords and this
provision added materially to the
prospect that the course of title, in
stead Of being hampered by restric-
tive clauses and rights in favor OF
an overload, would be made subject
to free transfer and use in all re-
spects by the actual occupant.
A collateral title to that derived
from the crown of England exists in
Pennsylvania from the determination
OF the proprietary that the Indian
title should be extinguished by pur-
chase. The right to purchase land
from the Indians within the grant OF
the king was, however. reserved by
the proprietary, so that there was
no competition and the consideration
was. practically determined by the
purchaser. The proprietor would
grant no land until he had pur-
chased the Indian title and discour-
aged individual dealings with the
Indians. A practice which grew up
Of leasing from the Indians and Of
buying their timber and coal rights
was stopped by the proprietary.
Upon PENIS first landing, he
made q treaty with the Indians for
the acquisition of land and the tracts
what are called the first purchasers"
whose holdings form an exception to
the incidents of the title of the great
body of land in the state which was
granted out under the proprietary.
After these first sales under the inn
mediate direction of the proprietor.
ia Board of Property was appointed
consisting of general surveyor, a
registrar and other officials Of the
usual type of land office and warrants
for survey and other preliminary
steps to the final patent, and the
patent, itself was issued by these of
Ificials in behalf of the proprietor.
Quit rents calling for annual pay
ments to the proprietor were reserv-
led on all patents and these became
as obnoxious in Pennsylvania as in
other colonies. In addition, there
was a source of friction with the
proprietary through differences OF
opinion as to the proportionate
amount properly to be paid respec-
lively by the proprietary and by the
landowners to defray governmental
costs. including the cost Of defense
against the Indians.
Tomorrow: Land Titles. VII
ties in the State of New York.