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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 329   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 329

the Eastern Shore, " who shall examine, and either pass or
" reject any certificate delivered to him, agreeably to the
" present or future rules and directions established or to be
" established for the government of the land office of each
" respective shore." It authorises them, in case of a vacancy,
by refusal, death, &c. to make a new appointment, and
directs that the said examiner shall take the oath of fidelity to
the government and an oath (or affirmation,) to execute his
office diligently and faithfully, without favour, affection,
partiality, or prejudice.

    In respect to the treasurer of the eastern shore the new
system established by this act required no regulation but what
regarded the valuation of escheats; and of improvements on
cultivated land, the provision made by the act on this subject
is a repetition of the former general one, the power of finally
ascertaining the value of escheat land and of improvements,
by either confirming or over ruling the valuation of the
surveyor, being given, in respect to eastern shore certificates, to
the treasurer of that shore. His receipt of caution or
purchase money due on certificates, prior to their being patented,
is mentioned in the act as a thing in course.

    The 5th section of this act provided for the appointment of
a judge of the land office on the eastern shore with powers
similar to those vested in the chancellor in reference to the
western shore land office; being; generally, to hear and
determine disputes concerning the validity of surveys, and the
grants of land, according to such rules and orders as were or
might be established for the government and direction of the
chancellor in the determination of like cases, and with all the
authorities in respect to land affairs that were then vested in
the chancellor of the state as judge of the land office thereof.
But the next section gave for an appeal from the decisions of
the said judge in the following words, viz.

    " That if any party or parties aggrieved by any judgment
" or determination of the said judge of the land office for the
" eastern shore, shall have full power and right to appeal from
" any such judgment or determination to the chancellor of
" the state as judge of the land office: and in all cases of
" such appeals, where the judgment or determination shall be
" reversed, the chancellor shall direct the register of the
" land office of the western shore to return the transcript of
" the record to the register of the said land office of the
" eastern shore, with an order, in the nature of a writ of
" procedendo, to the said judge, directing him to proceed in such
" case, and, as the case may be, to a new trial thereof, in the
" same manner as if no trial had taken place; and the opinion
" of the chancellor in the premises, shall be conclusive as to

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 329   View pdf image (33K)
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