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The grantee must be either a hereditary nobleman or pay the tax of a merchant of the second guild, or he should be able to command the necessary capital for the enterprise he undertakes. He receives a patent for a strip of land seven versts long and a hundred fathoms wide, on the banks of a stream suitable for mining purposes.
Morris says that the shares of the township were inadvertently fixed at 500 acres each, whereas it had been his intention to lay out one hundred farm lots, each forty rods wide and extending one mile deep into the country, and to give each grantee the balance of his 1,000 acres in the subsequent division of the rest of the township.
"As they were her father's and her grandfather's before her, to be held in trust for the benefit of about eight hundred tenants," she answered quietly. "Tell me more about it. The original grantee was Don Bartolomé de Valdés, was he not?" "Yes. He was the great-great-grandson of Don Alvaro de Valdés y Castillo, who lost his head because he was a braver and a better man than the king.
In all the ancient grants of the crown to the duke of York, Lord Clarendon and others, there passed "the soil as well as the right of dominion to the grantee." France, while adopting a liberal policy toward the savages of the new world, claimed the absolute right of ownership to the land, based on first discovery. Spain maintained a like claim.
It had been one of the conditions of the charter that every grantee should become an actual settler, and, within five years, clear and cultivate five acres of land, for every fifty purchased.
It has been a rule of criminal pleading in England down into the present century, that an indictment for homicide must set forth the value of the instrument causing the death, in order that the king or his grantee might claim forfeiture of the deodand, "as an accursed thing," in the language of Blackstone.
But in fact the assign recovered on the original warranty to the first grantee. /2/ He could only come on the first grantor after a failure of his immediate grantor's heirs. The first grantor by mentioning assigns simply enlarged the limits of his grantee's succession. The assign could vouch the first grantor only on the principles of succession.
The grantee en roture was governed by the same rules as the one en censive except with respect to the descent of lands in cases of intestacy. All land grants to the censitaires or as they preferred to call themselves in Canada, habitants were invariably shaped like a parallelogram, with a narrow frontage on the river varying from two to three arpents, and with a depth from four to eight arpents.
This Hugo thus seems to have been uncle of, and not identical with Hugo de Moravia, grantee of Sutherland, known as Hugo Freskyn.
The in-comer, commonly a foreigner, received all the lands which such and such a man, commonly a dispossessed Englishman, held in that shire or district. The grantee stepped exactly into the place of the antecessor; he inherited all his rights and all his burthens. He inherited therewith any disputes as to the extent of the lands of the antecessor or as to the nature of his tenure.
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