proceedings, and examples, of every kind, and by such
occasional remarks as may be necessary to connect them, and
to shew in what manner they bear upon the subject of our
enquiry.
The first regulation in land affairs must necessarily have
concerned the manner in which persons claiming lands in
virtue of the Conditions of Plantation should make proof of
the facts on which their demands were founded. No express
direction, however, appears on this subject prior to the first
entries of rights, and the matter was probably committed for
some time to the Secretary, to whom the emigrants, with
all the circumstances of their arrival, must in general have
been sufficiently known. He, no doubt, established such
rules as were requisite towards uniformity and correctness
in the proof and admission of rights, and where he was not
otherwise satisfied, might exact from the parties such
evidence as from the nature of the case could be obtained. The
entry of Thomas Weston, with the attestation of George
Pye that the five men therein mentioned were to his
knowledge brought in by the said Weston, is the first example that
has been observed of such additional testimony being given;
but, it soon became necessary to guard against frauds in the
exhibition of rights, which had became a medium of traffic
among the settlers. Regulations were therefore prescribed for
the proof of those rights by the oaths as well of
disinterested persons as of the claimants themselves, and where
such corroborative testimony could not be obtained, the
parties were on application allowed their Warrants upon
giving penal bonds with condition that the rights exhibited
had truly accrued and had not already been used.
For the ease of the inhabitants, also, when the
population had become in some degree extended, persons were
commissioned in different quarters to take the probates of rights,
of which they were enjoined to make periodical returns to
the Secretary's office. In some instances these persons were
empowered also, in receiving the proof of rights, to issue
Warrants to the parties entitled, under the like injunction to
make returns thereof to the Secretary at St. Mary's:
Authorities or Commissions for this last mentioned purpose
were subsequently given in various instances, unconnected
with the proof of rights, chiefly with the view of
promoting settlements in those extreme parts of the Province which
were in dispute; but this practice, after full demonstration
of its tendency to produce error, fraud, and confusion, was
at a pretty early period wholly abandoned. The following
Extracts and references will exhibit the practice in these two
particulars.
Source: John Kilty. Land Holder's Assistant and Land Office Guide. Baltimore: G. Dobbin & Murphy, 1808. MSA L 25529.
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