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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 321   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 321

the time prescribed for its lying there, found not in a
situation to be patented, by means, in the case of a resurvey, of
tracts being included that were not mentioned in the warrant,
or of its comprehending lands not contiguous to each other,
besides other defects not discoverable by the examiner, as
want of title to the originals, &c. which will hereafter be
noticed. If the examiner passes a certificate, his approbation is
of course endorsed thereon. If he rejects it, he endorses that
it is "disallowed," stating the reason; and when it is
presented to him again after being corrected, which may be done
without any order, for a certificate never comes under the
cognizance of the chancellor until it is in the office, he
examines it anew, in some cases disallowing it a second time, and
finally passes it when the defects or errors are removed. All
that remains to be said here concerning the duties of the
examiner general is that he makes an annual return on oath to
the general assembly of the amount of his fees for the
preceding year; a regulation for his benefit, as they always fall
short of what the legislature has by successive resolutions
determined to be a reasonable compensation for his services,
which sum has therefore for several years been completed by
drafts on the treasury for the deficiency. These remarks in
like manner with those on the duties of the treasurer, apply
generally to the examiner of either shore; but, the
appointment of an examiner, and judge, for the eastern shore, with
their peculiar duties, will be the subject of a separate article.

    As to the duties of the registers of the land office, to state
them in every particular would be to describe the practice of
the office more at large than is designed in the present
chapter; but, although the method I have adopted must occasion
numerous repetitions, I have thought that a cursory view of
the personal duties of the several officers concerned in the
land establishment would throw, by anticipation, a useful
light on the more regular account which I propose to give of
the matters themselves transacted and performed in the land
office. I shall therefore make a slight enumeration of the
duties of the register, meaning, in a general way, the register of
either shore, although it is to be borne in mind that, until the
year 1795, the duty of the eastern shore register was confined
to the issuing of warrants, and such matters as were incident
thereto, all certificates being returned to, and patents issued
from, the office of the western shore: it is also to be
recollected that there are some duties peculiar to the register of
the eastern shore, which will be noticed when we speak of
the arrangement of 1795, just mentioned.

    The register of the land office for the western shore has
the care and custody of the records and papers arising under

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 321   View pdf image (33K)
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