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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 376   View pdf image (33K)
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376 LAND-HOLDER'S ASSISTANT.

reference to the nature of his powers, and sometimes spoke
doubtfully, or by way of hypothesis, concerning them. I do
not pretend to decide where the chancellor doubted; but, as
an officer concerned in the land office establishment I have
endeavored to form correct opinions on every thing relating to
it, and in this attempt to inform the public, I must state my
impressions explicitly, or I should do nothing.

    Of the provisions conferring particular powers on the
chancellor some have been already noticed, and those which
regard the judge of the Eastern shore land office have also been
spoken of in preceeding chapters. But there remain several
important provisions which require to be here mentioned.

    In the act of 1784, ch. 75, which authorised the issuing of
grants of land westward of Fort Cumberland under warrants
obtained between the twenty-second of March and the sixth
of October 1774, great care was taken that those grants
should be issued to no persons who were not bona fide citizens
of the United States at the passage of the act opening the
land office, or who had not then paid the caution money for
the lands, and also for annulling grants which had been or
should be obtained by persons not citizens, &c. to effect
which objects, after a declaration that the last mentioned
grants should be void, it was provided as follows, viz. " and
" the chancellor may offer to the person applying for a grant
" to be examined upon oath or interrogatories touching the
" matters aforesaid, and to examine witnesses respecting the
" same, in order that it may be discovered, in a summary
" manner, whether the certificate was at the time of passing the
" above recited act, bona fide the property of a citizen of this
" or some of the United States, and the consideration was
" paid as aforesaid: and if the party shall refuse to be
" examined upon oath or interrogatories, and to have the matter
" enquired into in a summary manner, then the chancellor
" may note the same, and give information thereof to the
" attorney general, who shall file a bill in chancery against such
" person for the discovery of the truth of the facts by the
" regular course of the proceeding in the chancery court;
" and if it shall appear to the chancellor, either upon
" examination in a summary way aforesaid, or upon a bill being
" filed as aforesaid, that the certificate upon which patent
" shall be applied for was not bona fide the property of some
" citizen of this or some of the United States at the time of
" passing the above recited act, or that the consideration was
" not paid as aforesaid, in every such case the chancellor shall
" not order grant to be issued on such certificates, but declare
" the same void and of none effect; and the register of the
" land office shall endorse the chancellor's determination on
" the certificate, and shall make a note thereof in the margin





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 376   View pdf image (33K)
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