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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 273   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 273

by the surveyors; in others that they went in the first
instance to the land office, the council, &c. Always, however,
before being placed on file in the office, they passed through
the hands of the examiner, and, if approved by him they
were received to be recorded and patented; if not, they
were returned to the surveyor for correction, and when
amended were submitted again to examination. Concerning
the surveyor general, I have nothing to add, nor any thing
relative to the judges except that they were in all cases of
dispute in the land office to be assisted in their determinations by
the chancellor, who was, from the time of that
arrangement, no other than the governor of the province. The
changes, therefore, in regard to the authority of judging and
deciding land office disputes were more in form than
substance, and the power ended nearly where it began, for, even
when the board of revenue claimed a right to act on appeals
from the decisions of the judges of the land office, the
governor was at the head of that board, and nothing of
moment was done without his assent. The judges were, in
fact, but executive officers charged with the direction of an
establishment of great importance to the proprietary: the
office was theirs, and not that of the chief clerk, who was
commissioned by them, and had nothing of the character of
a public officer but the power of attesting copies with his
name joined to the seal of office. Warrants were signed by
the judges, and the fees received for their use. In any
attempt therefore to compare the former with the present
establishment, the judges and registers of the land office will be
found to have occupied the place now held by the register
rather than that assigned to the chancellor as judge of the land
office, but still with so many circumstances of difference that
it is not worth while to pursue the analogy; having
therefore, as I presume, described the organization of the land
office establishment as clearly as so equivocal and
complicated a system would admit of, I shall wind up the first part
of this undertaking by some general and summary
observations concerning the ancient practice.

¾¾

    The various instructions, orders, commissions, and
examples that have been exhibited leave but little to be said,
except by way of recapitulation, concerning the rules of the
land office under the proprietary government, nor are there
any means of stating them in the abstract but by inference
from those documents, as there is not a record, or even a
memorandum, left in the office, purporting to lay down or
explain its rules of practice. The only matter which I can
perceive not to have been sufficiently explained in the preceding

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 273   View pdf image (33K)
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