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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 257   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 257

evidence of their titles, when brought into question, those
persons would then be tenants at will of the proprietary, and
not fee simple owners of their lands. The idea of a
reliance on the moderation and justice with which this power
would be used was exploded by the delegates in the following
admirable sentence, contained in one of its addresses to the
governor:¾" for, who are a free people? not those over
" whom government is reasonably and equitably exercised, but
" those who live under a government so constitutionally
" checked and controuled that proper provision is made against its
" being otherwise exercised"
¾I have touched here upon this
well known incident in order to shew that the very nature
of the land office of Maryland has been as equivocal, as its
rules have been obscure; and that it was therefore high time,
since the proceedings in that office must long continue to be
an object of interest and research, that some memorials,
however imperfect, should have been collected relative to its
history and practice.

    I have said that the proprietary had always a chief agent
and receiver in the province: to state, with precision, the
successive commissions of this kind which are found on
record, with the different authorities from time to time
conveyed to those officers, would swell this article beyond the
space that can be afforded to it. I shall therefore only
observe generally that, in the early periods of the province, the
place of general receipt was at the seat of government, St.
Marys, where, it will be perceived by reference to old
patents, the proprietary's rents were payable half yearly, at
Lady-day and Michaelmas: the persons entrusted with the
receipt were not, for several years, officers appointed for
that sole purpose: the power appears by the first
commission of the kind on record to have been vested jointly in the
governor and secretary; but the governor alone seems to
have been more commonly the sole general or ultimate
receiver during the life of the first proprietary; and as in the
case of the probate of rights, when the colony became in a
considerable degree extended, subordinate officers were, for
the ease of the people, charged with the immediate receipt
of rents in the several counties, and made accountable to
the general office at St. Mary's.

    Precisely at the time when Charles lord Baltimore, the
second proprietary, established the land council, already
noticed, he commissioned Henry Darnall, Esq. to be receiver
and collector of all his " rents, port duties, impositions,
profits, perquisites, debts, and dues whatsoever," with power
to appoint deputies, and with a general superintendance of
the sheriffs, and all persons in any manner concerned in the

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 257   View pdf image (33K)
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