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L. H. J.
Liber No. 54
Nov. 22
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Settlement of the Province yet we cannot but be of Opinion, that
after the Publication of the Conditions of Plantations, that which
before was incertain and to be governed by what was reasonable
having Regard to the Motives and Ends of the Grant was thereby
ascertained and a permanent Interest vested in the Subject, in the
Conditions and Terms thus published, which cannot be rescinded by
the Proprietary at his Pleasure. If the Land Office was considered
as a mere private Office we do not see with what Propriety the Law
in the Year 1716 could pass to burthen the Public for transcribing
and repairing the Records in that Office or to require that Bond with
Security should be given for Preservation of the Records, and for
the Supply of Materials to make up the Records of after Transac-
tions, therein providing that for every Breach the Person particularly
injured thereby might sue such Bond for recovering Damages; and
that the Lower House of Assembly, or the Provincial Court might
cause the Bond to be put in Suit for the securing the Public from all
Charges and Expences that should be necessary for the putting and
preserving the Records in Repair; and equally improper must have
been the Supplementary Act passed in 1742. The Land Office, Sir,
is the publick Repository of the first and most necessary Evidence
of every Man's Title to his real Estate in this Province; The whole
Records have been made up, so far as we can trace, at the Expence
of the People. These Records have been considered as publick Rec-
ords, kept under Securities appointed by Acts of Assembly; and
Office Copies are constantly received and admitted as Evidence by
the Courts of Justice. It very much concerns the Land-Holders in
this Province, to know by what Tenure they hold their Estates;
if they have no Right to recur to the Land Office Records and
have Copies but at the Will of his Lordship or on the Terms his
Lordship may be pleased to allow them, they indeed are in all Cases,
where Copies are necessary to evidence their Titles, only Tenants at
the Will of the Proprietor and those necessary Copies may be with-
held till the Proprietor receives the Profit of another Sale.
The necessary Construction of the Proclamation with Regard to
the other Officers, is in our Apprehension, an affirmative Allowance
to receive the Quantums regulated by the late Inspection Law. When
your Excellency authorised the Registers of the Land Office to
receive the respective Quantums enumerated in your Instruction to
them, and which were allowed and limited by the late Regulation,
without an express Prohibition against receiving more; we fairly
presume that, you meant an Allowance of so much, and as much
more as they could extort. And when your Excellency by your
Proclamation prohibited the Officers from taking other or greater
fees than limited and allowed by the late Regulation, you certainly
must have meant a Prohibition against taking more, and an implied
Allowance of so much. Besides, so much by your Proclamation is
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