as they extend, evidence in the highest degree respectable
and authentic, and as the circumstances under which they
were taken will, no doubt, be properly considered, if any
allowance upon that account should appear necessary, I have
conceived that I could not, consistent with my professed
design, decline to give them a place in this publication, or
present them in any other than their original form. The
testimony which they exhibit, will be found to quadrate generally
with what I have on different occasions advanced, on the points
to which it refers. It is to be regretted that the enquiry was
not more general, and that the answers are in so many
instances neutralized, or perplexed, by the form of the questions
proposed by the respective counsel. If these answers shew
that there was something remaining to be known, even by the
the two persons the best informed in land affairs, it will no
way impeach their intelligence or industry. The greater part
of the information which I have been enabled to obtain
concerning the ancient practice has been derived from records and
documents not in the land office, but chiefly in the council
chamber, where, for any purpose but that which I had in view,
no person would have thought of searching for the practice of
the land office. It is not my design, however, by seeming to
apologize for this testimony, to depreciate it. I consider it as
a valuable document, or I should not have produced it, being
in reality rather straitened for room than for matter to
complete my undertaking: I here present it, as copied from the
original papers, observing only that I have taken the liberty
of supplying a few negligences in punctuation &c. scarcely
to be avoided in an original and hasty manuscript, and which
might in some places render the sense obscure. I have also
taken a liberty in point of arrangement, by placing the answers
under the questions to which they respectively apply, instead
of giving the latter in immediate succession, and then the
answers collectively, as they are for the most part, though not
throughout, found in the original papers. This method I
pursued for my own convenience in examining the testimony, and
I have thought it the most eligible for publication. In
substance the whole is faithfully transcribed.
Testimony of Alexr. C. Hanson, chancellor, and John
Callahan, register of the Land-office, concerning the rules and
practice of the Land-office: given before the general court
in the case of Hammond and others vs Norris¾1803.
¾¾
PLAINTIFF'S QUESTIONS TO THE CHANCELLOR, WITH
HIS ANSWERS.
1st Question. Do you know of any usage or practice not
in writing, that prevail in the land office, except such as you
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