CUNNINGHAM v. BROWNING.—1 BLAND. 293

to be productive. But contemplated in another point of view, it is
evident, that it must *be considered as the fountain and
depository of the primitive muniments of title to all the 313
landed property in the State; Cockey v. Smith, 3 H. & J. 26; in
which respect, the surveys returned to, and the patents recorded
in it, together constitute domesday book, in which a more accurate
description of all the lands of this State is to be found, than of the
lands in the records of any other country whatever. Land Ho.
Ass. 300.

Hence, instead of committing the affairs of this vastly import-
ant office, in the absence of the Lord Proprietary, to the care of a
mere ministerial officer, called "The Clerk and Register of the
Land Office,'' a council for lands was established, (1684,) to whom
was assigned the duty of supervising the land office, and of deter-
mining upon all matters relating to land which might be brought
before them, "by any of the inhabitants suing for acts of grace
and favor therein: " according to a set of instructions specially
describing their powers and duties; Land Ho. Ass. 108, 112; which
powers and duties were, some years after, confided to a single per-
son specially commissioned (1095,) for that purpose. Land Ho.
Ass. 127. After which, by an order of the Lord Proprietary,
(1721,) reciting, that the power of granting warrants for taking up
waste, cultivated and uncultivated, and surplus land, and the
finishing such warrants by making the grantees an estate of fee
simple, had then chiefly centred in the deputy secretary; and that
the hearing and determining differences arising between contend-
ing parties in land affairs, which had usually been heard and de-
termined in the land office, must naturally fall under his cogni-
zance; he was empowered to judge and determine in those affairs,

"as far as he legally might, according to right, reason, and good
conscience.'' Land Ho. Ass. 227. More than ten years after
which, by a special and distinct commission, one person was ap-
pointed (1732,) to be Judge and register of the land office, with
full power and authority to act, hear, judge, and determine in land
affairs, according to right, reason, and good conscience, and the
several instructions and orders which should from time to time, be
given to him by The Proprietary. Land Ho. Ass. 231, 200, 2C8,
269. Accordingly, in the instructions soon after sent to the Chan-
cellor, as well as in those given to the Judge and register of the
land office, it was expressly declared, that he should be assisted
in his determinations by the Chancellor. Land Ho. AM. 232, 234.
And it moreover appears, that there was, for some time, an ap-
peal allowed, during the Provincial Government, from the Judge

* of the land office to the Board of Revenue, and at other
times, as to some matters, to the Chancellor. Land Ho. 314
Ass. 262, 273, 283; Chancellor^ Case, post, note r.