LAND-HOLDER'S ASSISTANT.
|
323
|
entered in a book kept for that purpose. As to any
irregularity, except their being absolutely out of date, the register does
not undertake to judge of it, so as to refuse or send back the
certificate, but notices such irregularity by endorsement in
form of a query, by way of caution to himself and his
successors not to issue a patent until the objection is removed.
When a certificate has lain in the office six months after being
compounded on, and patent is demanded on it, he then sees
that it is in all respects regular, and free from material defect,
that is, in the case of a simple survey, that the warrant on which
it was founded is on record, that it was in force, as to date,
when the survey was made, and was not expended by
previous applications. In case of a resurvey, he satisfies
himself further, that no original tracts are included which were
not mentioned in the warrant, and that the originals so
mentioned and resurveyed are patented lands; besides which, he
notices any thing on the face of the certificate or plot
evidencing a violation of the established rules of the office, as, the
including in a resurvey lands not contiguous to each other, &c.
If all is right in the particulars first mentioned; if no
irregularity or violation of principles, is apparent, and if the party in
whose name the certificate stands in the office, either originally
or by a sufficient assignment, be living, the register prepares a
patent, which is completed as a matter of course.
Otherwise, he points out the objection to the party applying: If it
rest merely on the death of the owner of the certificate, and
the person applying is furnished with the necessary
documents to shew who is entitled to the land, the register receives
and files a petition, prepared in the office, for the fee annexed
by law to that service, if desired; which is laid before the
chancellor, with the necessary papers to support the facts
therein stated, and on his order, patent is issued to the party
or parties owning or having the chief interest in the land. If
the certificate itself appears defective, he points out the
particulars in which he finds it so, and the party may endeavour,
by petition and explanation, to obtain an order for patent, or
may obtain an order for correcting the certificate, which is
thereupon delivered to him for that purpose. The register
receives the taxes imposed by law on petitions, orders, and final
adjudications, in the land office, of which he makes quarterly
payments to the treasurer. By the 36th section of the act of
1803, ch. 92," for the valuation of real and personal property,"
&c. each of the registers makes an annual return between the
first day of March and the first of May, to the commissioners
of the tax for the several counties of his shore, of all certificates
which have become ready for patent within the preceding
year, expressing the name of the land, the quantity it contains,
and the person who is entitled to patent; and in case of a resurvey,
| |
|
|