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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 256   View pdf image (33K)
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256 LAND-HOLDER'S ASSISTANT.

might be tested by it. The principal effect, however, of the
contests here spoken of has been to make it somewhat
difficult to ascertain with certainty all the branches of the
proprietary's revenue, especially those accruing under feudal
customs, which were often the subject of dispute; for the
tenacity of the proprietary's officers seems to have kept pace
with the enquiring disposition of the people, and they did
not, in general, condescend to explain very minutely the
grounds of his various privileges. The right to dispose of
lands at such price, and with such reservations of rent, as he
pleased, the proprietary continued to maintain, as well as
his claim to surplus, escheat, and forfeited land, respecting
all of which disputes had also occurred.

    The connection between the proprietary's revenue system
and the operations of the land office was extremely close,
insomuch that it is, in some views, difficult to distinguish the
latter from those establishments which were deemed of a
private nature, as having to do with the proprietary's private
estate. What necessarily distinguished it, however, and
kept it in some degree under governmental controul, was the
circumstance of its being the depository of all original titles
to land, and therefore an office in which all land holders, and
the government as representing them, had a direct interest,
while, in the mere fiscal establishments of the proprietary,
the persons employed were, to all intents, private agents,
and amenable only to his own authority. At every period
there was, of course, some person or persons commissioned
for the general receipt of the proprietary's rents and dues of
all kinds. The style of that trust was sometimes agent and
receiver general; on other occasions chief agent in land
affairs;
which last title, concurring with an actual controul
over the business of the land office, and, for a certain space
of time, the custody of the great seal, required for the
perfecting of grants, almost destroyed the distinction which the
legislative body of the province was justly anxious to
maintain. In the famous contest of 1771 between governor Eden
and the lower house of assembly, concerning the right of
regulating the fees of the land office by ordinance or
proclamation, instead of by law, the substance of a great deal of
ingenious argument seems to have been, on the one side,
that the proprietary had a right to dispose of his private estate
as he thought proper, and to direct the forms to be observed
in his grants, and the terms of those grants, including the
fees ordained for the services of his agents or officers:¾on
the other side, that, if the proprietary had the power to
ordain such exorbitant fees as might prevent land holders from
inspecting the records, and obtaining necessary transcripts,
or, in a word, deprive them of recourse to the fundamental





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 256   View pdf image (33K)
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