It remains to be observed upon this subject that an act of
Assembly passed at a session commencing in April 1671
cured the defects of titles resting upon the assignment of patents
or upon other writings wanting the usual formalities. It is
entitled " an act for quieting possessions:" it recites that at
the beginning of the plantation, and until of late years there
was no settled course of conveying lands, tenements, or
hereditaments, by means of which, the titles of many bona fide
purchasers become doubtful, and law suits in consequence arize:
" Therefore, all sales, gifts or grants theretofore made by
writing only, without a seal, to be forever accounted good
against the vendors, their heirs and executors, and all persons
claiming dower from such vendors &c. any error in the form
only, of such writings notwithstanding; and whereas divers
assignments of patents, endorsed thereon, are worn out, and
many other sales in paper either worn out or totally lost, all
such sales, &c. as can be proved by witnesses to be good and
available, any law, &c. notwithstanding."
¾
The recording of certificates prior to and independent of
their being patented is a practice which I must suppose to
have been long disused, since, among other matters which
nothing short of such a research as has been made for
the purpose of this compilation could probably have brought
to light, it was not known of late in the land office to have
existed, the evidences of it being chiefly in the land records of
the council, including those of the select council for land
affairs. It is needless to insert examples of this practice; the
proofs of it occur in every part of the records
abovementioned. The only question is at what period it ceased, and this I
cannot venture, upon mere indications and appearances, to
determine. It evidently continued, however, till the
dissolution of the land council in 1689. During the period of the
royal government which reached the year 1715, the violent
disputes that took place between lord Baltimore's officers and
those of the King, concerning the land office, must
necessarily have broken in upon this usuage, for the certificates of the
govermental surveyors were generally returned to the
secretary, who sent them to the proprietary's officers to be
patented, and accordingly the issue of patents is in many instances
noted immediately below the record of the certificates. As a
regular practice I cannot be certain that the recording of
certificates preparatory to patent was afterwards revived. They
might, and in all likelihood they were, recorded where it was
desired, for there is to the present day in respect at least to
the Western (a) Shore land office, no law or rule that expressly
(a) The register of the Eastern Shore land office is by law directed
to record certificates upon their being patented, and not before. This direction
Continued on next page
|