is to express the names of the original tracts, and the
quantity of vacancy added. By the same act the register of
the land office (for the western shore) is required to furnish a
like annual return to the commissioners of the tax for
Allegany county of lands, granted, disposed of, or sold, in that
county under the act of 1788, ch. 44, to dispose of the reserve
lands westward of Fort Cumberland, and to fulfil the
engagements to the officers and soldiers of the Maryland line,
so far as the same have not been already returned.
When a regular application is made for the entry of a
caveat, the register makes such entry by endorsement on the
certificate if there has been one returned to the office; otherwise,
by a note opposite to the warrant. He enters in a small book
kept for that purpose, all orders and proceedings in the case
until it is adjudged and settled, and furnishes copies of those
orders when demanded.
It remains to speak of the duties of surveyors, meaning
those of a general and permanent nature, and chiefly such as
are prescribed by law, although the instructions of the
governor and council must be incidentally noticed. In this
preparatory view, moreover, of the duties of officers, I have
proposed to mention only those duties about which no question as
to construction, and no doubt on the score of practicability
can arise. The surveyors are, as well as the other officers of
the land establishment, noticed by the constitution, and except
that they do not hold their offices during good behaviour,
come under the same articles in regard to appointment and
qualification as the registers: but the number of them is not
therein prescribed, nor is there any particular direction by
law on that head. In the appointment of a surveyor for each
county the executive has pursued the general system of the
former government, and the act of 1781, opening the land
office, by its directions concerning the execution of warrants,
has recognized and established that plan of appointment.
The act of 1779, ch. 25, " for the regulation of officers fees"
is the first however, that contains any particular direction
respecting the surveyors:¾By the 12th section of this act it
is provided that where any surveyor returns an erroneous
certificate for examination, the party for whom the survey is
made shall not be burthened with any fees whatever on such
erroneous certificate, but that the examiner for his trouble in
ascertaining it to be erroneous, shall receive from the
surveyor who returned it one third of the usual examination fee.
On this it is proper to remark, for fear of misconstruction,
that the full fees both for surveying and examining are
undoubtedly to be paid by the party when a correct certificate is
at length returned.
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