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The reference occurs in the biographical sketch of John Clarke, of Rhode Island, of whom we read: "At the peace, he settled at St. John. He arrived at that city on the 29th of June, 1783, at which time only two log huts had been erected on its site. The government gave him and every other grantee 500 feet of very ordinary boards towards covering their buildings.
By mentioning assigns the first grantor did not offer a covenant to any person who would thereafter purchase the land. If that had been the notion, there would have been a contract directly binding the first grantor to the assign, as soon as the land was sold, and thus there would have been two warranties arising from the same clause, one to the first grantee, a second to the assign.
A certain income was granted to a knight upon condition that the grantee should not only become a vassal of the lord but should also agree to fight for him whenever it was necessary. Besides the military service due from the vassal to his lord, he was expected to attend the lord's court when summoned.
We find a characteristic survival of the last idea in the "Selections," and in Clause X. of the conditions under which, in 1873, the first leave to mine was granted by the Government of Mysore, it is declared that, "In the event of the grantee causing annoyance or obstruction to any class of the people, or to the officers of Government, the chief commissioner reserves the power of annulling the mining right thus granted."
If he was Colonel Clay, it was evident he bore us no grudge at all for the five thousand pounds he had done us out of. On the contrary, he seemed quite prepared to do us out of five thousand more when opportunity offered; for he introduced himself at once as Dr. Hector Macpherson, the exclusive grantee of extensive concessions from the Brazilian Government on the Upper Amazons.
All required of the grantee was that he or it should have the scrip properly surveyed upon the public domain by the county or district surveyor, and the land thus appropriated became the property of him or it, or his or its heirs and assigns, forever.
It will be remembered that there are many traces of family ownership in early German, as well as in early Roman law; and it would seem that the transfer of property which originally could not be given outside the family, was worked out through the form of making the grantee an heir. The history of language points to this conclusion.
The special warranty deed covenants and warrants only against the acts of the grantor and those claiming title under him. After a deed is properly drawn, it is ready to be signed, sealed, and delivered to the grantee. If the wife of the grantor is to sign, her name should follow that of her husband. If one or both cannot write, the signature can be made in this way: His George X Jones. Mark.
The merit of the grantee whom he derives from was that of being a prompt and greedy instrument of a levelling tyrant, who oppressed all descriptions of his people, but who fell with particular fury on everything that was great and noble.
One of the direct descendants of the grantee of Sulgrave was Sir William Washington, of Packington, in the county of Kent. He married a sister of George Villiers, Duke of Buckingham, the unfortunate favorite of Charles I. This may have attached the Sulgrave Washingtons to the Stuart dynasty, to which they adhered loyally and generously throughout all its vicissitudes.
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