Minutes of the Board of Revenue, 1768-1775 483

hands of the Surveyor, but antecedent to their issuing out of
the Land Office.
Upon the Subject, whether it was proper or not to open the
Office, in respect of Lands to the westward of Fort Cumber-
land, we gave our opinion on the 26^th March last to which we
refer, and in a day or two afterwards, the Agent demanded
an Inspection of our Proceedings, and his Requisition was
submitted to by our Clerk.
The Course is, when Vacant Lands are to be taken up,
under the Conditions of Plantation, to pay the Consideration
or Caution money to the Agent, who thereupon gives an order,

Lib. No. 86

or Titling to the Land Office specifying the sum received by
him and the number of Acres the party is to have surveyed
upon this order the warrant for making the Survey issues
from the Land office, directed to the Surveyor of the County
where the vacant Lands are & these orders being preserved
in the Land Office, are a check on the Agent in settling his ac-
counts of the Caution Money received: When the Surveyor
returns his Certificate to the Land Office, it remains there for
three months before a Patent issues, after which the party is
entitled to a Grant by the established Rules of the Office;
wherefore we apprehend, that this Rule, after the Caution
money is paid, constitutes the contract to be performed with
the Party, and consequently that the Faith of Government is

engaged that it shall be in this manner complied with, but if

this Rule be altered (which the Agent in his Letter seems to
consider as an unalterable Rule of Right) and the Alteration
is to be made with a view of obtaining an order to prevent the
issuing of Grants; and if the Attempt to induce such an order
should be successful, the Parties will have reason to be al-
larmed, to complain of a breach of Contract & of the pre-
carious dependance on Acts of Government. If there be no
intention to obtain an order to prevent the issuing of Grants,
we shall not undertake to conjecture, why the Agent thought it
expedient to express his Zeal on this Occasion for the Interests
of the Proprietor, and to insist on his behalf, that there should
be a new retrospective Regulation of the Land Office; should
there be in consequence of his unexpected Representation
an order not to issue Patents to those who have paid the
caution Money executed their Warrants in pursuance of

p. 135

his Titlings, return'd Certificates and entitled themselves to
Grants according to the common course and invariable Rules
of the Land Office, it may be with Propriety asked, how are the
Parties to be indemnified? a return of the Caution Money
received and repayment of the several Fees, with Interest will
be insufficient for this Purpose. The Trouble & Expence in

p. 136