Have by and with the advice of our Dear Brother &c. and
according to the tenor of our Letters, under our hand and seal
bearing date at Portsmouth in the realm of England 8th
August 1636 and enrolled by our Secretary of our said Province
granted enfeoffed &c. unto the said William Britton, all that
neck of land lyeing in Potomack river &c. (ut supra in survey)
To Have and To Hold &c. to the said William Britton and
his heirs &c. to be holden of our Mannor of Little Britain
Yielding therefore at our usual receipt at St. Maries fifteen
shillings in money sterling or one barrell and a half of good
corn, &c. Given &c. this tenth of July 1640"
LIBER No. 1, folio 68.
¾
In the foregoing extracts may be perceived the origin of
the Land Office establishment, and the rudiments of those
forms which now prevail in public grants of land. It is true
that land affairs were, at this period, jumbled in the then
only existing office of record with public matters of every
description, and even with private contracts and
transactions; but the process in the former still consisted essentially
of those particulars which form it now; namely, 1st, a
public officer, authorised under certain regulations and
restrictions to issue Warrants of survey for vacant land; 2nd, a
claim, order, or other legal cause shewn to that officer for
the issue of such Warrants, consisting then of rights,
general or special, substantiated in the forms required, and
recognized by their admission on record; answering in their
effect to the present orders or titlings of the Treasurer, which
inform the Register that the parties presenting them have
done what is requisite to entitle them to Warrant; 3rd, the
Warrant itself; being an authoritative precept to another
officer, directing him to lay out and survey for the party
therein named a certain quantity of land, and to return a
Certificate of his survey; 4th, the Certificate so returned; and,
5th, the Grant or Patent; to which may be added the
attendant proceedings of assignments, petitions, caveats,
trials, and decisions; all, with some changes in point of form ¾
still in use; with various other matters gradually disused
when land transactions ceased to be, as they then were, the
main business of the Country. Having thus endeavoured
to shew, in those early proceedings, the origin of that
establishment the history, law, and practice of which form the
professed subject of this work, I shall proceed to develope
the progress of the system, by noticing such positive rules
as were from time to time prescribed for its regulation and
improvement; by selecting the most remarkable incidents,
K
Source: John Kilty. Land Holder's Assistant and Land Office Guide. Baltimore: G. Dobbin & Murphy, 1808. MSA L 25529.
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