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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 322   View pdf image (33K)
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322 LAND-HOLDER'S ASSISTANT.

the provincial government, not expressly by any law, passed
since the revolution, for that of 1781, gives to the registers the
charge only of the short extracts of certificates and grants
therein mentioned; but, because the records at large, which
have been claimed and kept by the state, naturally fell into the
hands of that officer, and were indeed, placed in his charge by
the governor and council when they were surrendered by the
proprietary's officers. The nature of his charge and trust, in
respect to those records, and that of both registers in regard to
records and papers taking their rise since the revolution, are
in some measure regulated by an act of Assembly of 1742,
ch. 10, which required the register of the land office among
other officers to give bond for providing at his own expence,
and keeping in due order and repair, good and sufficient books
for entering and recording all matters required to be
recorded, &c. The register of either shore takes, besides the
oath already mentioned to have been prescribed by the
constitution, an oath directed by the act of 1779, ch. 25, sect. 8,
to wit, that he will faithfully and impartially, to the best of
his skill and knowledge execute his office, and that he will
not willingly or wittingly charge, ask, take, exact, demand,
or receive, any other or larger fees for doing his duty than
are mentioned, rated, regulated, and established by the act
entitled " an act for the regulation of "officers' fees." He
has charge of the seal of office, with which he attests all
warrants issuing therefrom, and all copies of records and
office papers to which his attestation is desired. He issues
warrants of resurvey and of escheat to the parties requiring
them, without particular direction, and common or special
warrants, and warrants on the proclamation, on the orders or
titlings of the treasurer. He also issues, ex officio, warrants,
common or special, for vacant land, in lieu of warrant
remaining unexecuted in the whole or in part, likewise for or
in lieu of deficiency found, on resurvey, in original tracts
and, for composition paid in cases in which the certificate or
grant shall afterwards have been vacated, or where certificates
ordered for correction become void by not being afterwards
returned within the time prescribed by law; and he applies
unexecuted warrant towards the composition due on
certificates for vacant land either taken up under original warrants
or included in resurveys, certifying such application, where it
does not make a full settlement, to the treasurer, who
thereupon admits it towards payment of the composition due as
aforesaid. When certificates are returned to the office
examined and passed, he receives them, whether compounded on
or not, provided that they are offered within eighteen months
from the date of the warrants on which they purport to be
founded, and endorses on them the time of return, which is also





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 322   View pdf image (33K)
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