CUNNINGHAM v. BROWNING. 313

be considered as the fountain and depository of the primitive muni-
ments of title to all the landed property in the State ;(o) in which
respect, the surveys returned to, and the patents recorded in it,
together constitute a 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, (p)

Hence, instead of committing the affairs of this vastly important
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 determin-
ing upon all matters relating to land which might be brought
before them,." by any of the inhabitants suing for acts of grace
and favour therein;" according to a set of instructions specially
describing their powers and duties ;(o.) which powers and duties
were, some years after, confided to a single person specially com-
missioned (1695,) for that purpose, (r) 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 contending parties in land affairs, which had usually been
heard and determined in the Land Office, must naturally fall under
his cognizance; he was empowered to judge and determine in
those affairs, " as far as he legally might, according to right,
reason, and good conscience."(s) More than ten years after
which, by a special and distinct commission, one person was
appointed (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, (t) Accordingly, in the instruc-
tions soon after sent to the Chancellor, 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 Chancel-
lor.(u) And it moreover appears, that there was, for some time, an
appeal allowed, during the provincial government, from the judge

(o) Cockey v. Smith, 3 H. & J. 26.—(p) Land Ho. Ass.300.—(q) Land Ho. Ass
108,112.—(r) Land Ho. Ass. 127.—(s) Land Ho. Ass. 217.—{t) Land Ho. Ass
231, 260t 268, 269.—(u) Land Ho. Ass. 232, 234.

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