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Minutes of H. M. Council, 1720-1742. |
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papers for their Consideration and Amendment, particularly a [352] A Mistake Committed purely through inadvertency and want of due information of Reserves to be made in the Patent Granted in favour of Charfes Vane Esqr for a plott of land purchased of John Adams Esqr lying between the Church yeard and the Lieut Governor of the Garrisons Garden formerly Called that of Mr de fallois
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Mr. Vane's Patent ordered to be Rectifyed |
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That The mistake in the first place proceeded
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That The mistake in the first place proceeded from Mr Adam's Consenting unwarily to a Request of Captain John Jephsons, that a Reserve of a little House Standing thereon might be made in favour of the Said Captain John Jephson, in Consideration that he has had the Same for SeveraI years in his possession, which Reserve being made accordingly in Mr Vanes Patent, without Considering that the Said House was an inseparable Appurtenance belonging to the House, Called the Hospital, which being aIso omitted to be Reserved for his Majestys use and to Remain as an Hospital through the like inadvertency: His honourthe Lieut Governor of the Province therefore desires that you may take the Same into Consideration and Concur in Some effectuall Measures how the same May be Rectifyed [353]
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And he farther Represented that his Honours opinion was (that as none can give what they have not, and as Mr Adams hath in that Respect since the Granting of said Patent more particularly and Clearly Explain'd himself) that the said Reserve (consented to also by the present Patentee in Complaisance to mr Adams) is of it Self, and always ought to be Esteemed Null and of no force; and that the Method proposed to put it out of all doubt, and also to Secure the Said other House Called the Hospitall, for the use aforesaid, if you approve thereof (considering Mr Adam's Explanation of the Case and that Mr Vane is willing to Submit himself thereunto) was to Raze Captain Jephsons Name out of Said Patent (it having upon application been Refused to be inserted in his own, beleiving at the Granting thereof that it was Mr Adam's Property) and in place thereof to insert his Majesty,
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