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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 328   View pdf image (33K)
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Eastern Shore, with their peculiar duties, as well as those of
the treasurer and the register on that shore. The
constitution, as has been seen, made no further provision for the
particular convenience of that part of the state than that there
should be a land office there, under the care of a register, who
should have possession of the short extracts of certificates and
grants therein mentioned, which extracts, whatever may have
been the intent of this provision, have never been prepared.
The constitution had also, without any reference to the land
office, assigned a treasurer to the Eastern Shore:¾here was
an establishment sufficient for the issuing of warrants, but
nothing else, and accordingly those powers, in the act of 1781
&c. which were common to the registers of both shores related
only to that duty. The certificates of survey were all
returned to the office of the Western Shore, where there was an
examiner to ascertain their correctness, and a judge to direct
the issuing of patents upon them; for, independent of
contested cases, whenever the rules of descent might have to be
considered a law character was necessary for the last
mentioned purpose. In the year 1795 the general assembly
conceiving that the footing on which the land office stood was not
such as to afford to the inhabitants of the Eastern Shore all
the conveniences of which the establishment was capable,
and which were designed by the constitution, passed an act
" respecting certificates of surveys made on the Eastern
Shore," by which it was ordained that all certificates of
surveys made on the Eastern Shore, by virtue of warrants of
any kind issuing out of the land office of the said Shore after
the first day of March succeeding the passage of the act,
should be returned to the register of the land office for that
shore, to be by him delivered to an examiner to be
appointed by direction of the same act, who, if a certificate was
" defective or imperfect," was to return the same forthwith
to the register, by him to be sent back to the surveyor for
correction; but, if it passed examination, was to deliver it to
the said register to be recorded (immediately after patent
should be issued thereon and not before) in a good and
sufficient book, to be kept by him for that purpose. In a word,
all certificates were thenceforward to be returned to the office
from whence the warrants issued. The provision respecting
the mode of return was altered in relation to both shores by
the act of the same session, ch. 88, which directs that no
certificate shall be received in the land office (meaning the office
of either shore) unless the same be passed by the examiner
general, which implies that they are to be returned in the
first instance to that officer.

    The act of 1795, ch. 61, now under consideration directed
that the governor and council shall appoint an examiner for

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 328   View pdf image (33K)
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