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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 280   View pdf image (33K)
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280 LAND-HOLDER'S ASSISTANT.

signed by the president of the proprietary's council, with the
addition of "commander in chief in over the province, of
Maryland," for nine or ten months after the name and the
subordinate nature of a province had been solemnly renounced
in the declaration of American independence, and even after
there were actually a governor and council elected, qualified,
and acting under the state consitution. However, there was
little difficulty, when the government interfered, which it did,
as soon as Mr. Peale had given bond for the faithful
discharge of his trust;¾

and, on a letter of governor Johnson,
in council, to Benedict Calvert, Esq. the surviving judge of
the land office, dated the 13th of May 1777, the office and
records, which had been refused to an application by verbal
message from Mr. Peale, were delivered up, so that the register
entered uponn his functions on the 15th.
¾

The only
remaining incident relative to this subject is that governor
Eden, who returned to Maryland in company with Mr.
Harford, undertook to perfect by his signature, in the year 1804
several patents which had been left unsigned in his
secretary's office upon his quitting the country in 1776. This
matter was discovered by the vigilance of Mr. Callahan, and
occasioned a formal demand by the governor and council on
sir Robert Eden concerning any idea or supposition of a
rightful authority
with which he might have taken such a
liberty. Sir Robert gave, in return, a candid explanation of
his conduct, stating, that he had signed no patents but what
ought to have been signed before he withdrew from the
government, the completing of which he had therefore
considered as a debt due from him personally to the parties, and
disclaiming any notion of a power remaining with him to
perform that or other public acts. From this time the
business of the land office was carried on, agreeably to the
established forms and usages with which Mr. Callahan had been
long enough employed there to be well acquainted, and in
conformity with the acts of assembly which soon began to
regulate its proceedings, without further interruption from
the proprietary government.

    With some documents and passages that have been
reserved to illustrate this chapter I shall insert the instructions
of the board of revenue to the judges of the land office, and
to the deputy surveyors: this is the first body of instructions
which I have found to the last mentioned officers, and I am
confident that there are no earlier ones on record. It appears
nevertheless that there had been other instructions, and the
passages in the journal of the board of revenue which disclose
that fact deserve on several accounts to be noticed. The
instructions framed by the board of revenue were transmitted
to the surveyor general of each shore, to be by him forwarded





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 280   View pdf image (33K)
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