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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 162   View pdf image (33K)
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162 LAND-HOLDER'S ASSISTANT.

The convention in England seconded this proceeding by
formally taking the government out of lord Baltimore's hands,
and affairs were managed under some kind of temporary
administration until the year 1692, when a governor and
council were appointed by the king, and all subordinate officers,
even those concerned in the affairs of land, were
commissioned by the same authority. The adherents of the proprietary
were ousted, and made, by means of a religious test, which
they could not honestly take, incapable of holding
employments in the new administration. So far as concerned affairs
of government, lord Baltimore submitted without resistance;
but, in what related to land transactions, he struggled hard
to maintain his rights, and was assisted in this object, with
great zeal and intelligence, by his (b) agents and other officers
in Maryland. Various questions and disputes took place
concerning the appointment of surveyors; the state of the land
office and records; the pecuniary rights of the proprietary,
the validity of his conditions of plantation, and in short the
nature and extent of the powers still attached to him as
absolute lord and owner of the soil: for, in this respect the rights
conveyed by the charter had never been expressly abridged.
The king's secretary of the province, Sir Thomas Lawrence,
claimed the right of issuing land warrants, and more
especially those of resurvey, for which he required and received
fees, while the agent of the proprietary refused to issue
patents without the same fees were paid to the officers under his
direction. The secretary maintaining his point, lord
Baltimore raised his conditions of plantation. The government
remonstrated against this procedure, as an hardship on the
people, and an impediment to the growth of the colony. The
proprietary, through his agent, offered to rescind his new
conditions, if the affairs and emoluments of the land-office were
left to his officers. Many propositions and proceedings took
place, as well in the legislature as in the executive branch of
the government, upon these subjects. The custody of the
land records was an object of particular solicitude; the agent
strenuously demanding them, as necessary to the discharge of
his duties as chief officer in land affairs; and the assembly
insisting that they should remain in the secretary's office for the
inspection of the people, who were interested in them.
Appeals were made to the board of trade and plantations, and to
the crown itself: orders were, in consequence passed, which
composed in some degree these discordances, and land
affairs went on, in a way equivocal and unsettled indeed, but so

    (b) Henry Darnall, Esq. already the proprietary's chief agent, was
commissioned anew in 1695, with powers similar to those of the late land
council, and the office was subsequently filled by Charles Carroll, Esq.
with authorities still more extensive.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 162   View pdf image (33K)
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