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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 83   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 83

his deputies involved some responsibility for their conduct
and the correctness of their work. There is no (r) evidence,
however, of a regular and distinct provision for the
examination of Certificates until the year 1685 when the Office of
Examiner was annexed in the person of Thomas Taillor to
that of Deputy Surveyor General and his duties defined.
Previous to this appointment, and at the period at which the
Land Office received a new and distinct organization the
Surveyor General's approbation is expressed at the bottom of
the Certificates, which implies an examination. On this
subject further remarks will hereafter occur.

    There does not appear to have been for several years any
rule requiring Certificates to lie a certain time in the office
before they could be patented. The only object of
regulations on that head being to give time for Caveats by those
who might have some cause to alledge against the issuing of
the grants, there could have been but small occasion for such
a rule while all surveys were recent and their lines
designated by visible boundaries, so that any trespass on elder tracts
might with ease be avoided. Where any particular reason
existed for stopping the issue of grants it was done by a
special order from the Governor, as in the case of a surveyor
concerning whose conduct some suspicion was entertained,
and on whose certificates the Secretary was forbidden to
issue Patents until further orders. But with such exceptions
as these, grants were passed, as a matter of course, on the
return of the Certificates unless Caveats were previously entered
against it. As to these, they arose not from any particular
regulation, but from the nature of the object, to which this
proceeding and no other was adapted; for, until the
Proprietary's title had been passed by Patent, interfering claims
could not be brought before the courts of law, as on the
contrary after Patent the (s) courts were the proper
tribunals for decision. A person, therefore, apprized of a
Survey or a Warrant affecting his rights, and representing the

    (r) That is to say, no commission is found; but Robert Jones and
Clement Hill had before this, in succession, been charged, as Deputy
Surveyors General, with the examination of Certificates, for which
particular purpose it seems likely that the office of Deputy Surveyor
General was created. It was upon Mr. Hill's being appointed to a superiour
station, that the Surveyor General moved in Council for the
appointment of an Examiner General and the manner in which he described the
duties proposed to be attached to that office shewed that they had never
been defined.

    (s) This is stated as a general rule, and at the present day it is a
settled principle that the operations and jurisdiction of the Land Office
cease in all respects, after Patent has been issued: but it must be
owned that the Proprietary Government did not always respect this
principle, Patents being often annulled without any judicial decision.



Source: John Kilty. Land Holder's Assistant and Land Office Guide.
Baltimore: G. Dobbin & Murphy, 1808. MSA L 25529.



 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 83   View pdf image (33K)
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