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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 268   View pdf image (33K)
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268 LAND-HOLDER'S ASSISTANT.

the regulation of the export of tobacco, provision was made
for the payment of the rents and fines in that article. At
what time it finally ceased I am not enabled to state with
certainty; but, in the latter period of the provincial
government the rents and alienation fines seem to have been paid in
money. Fines on alienations by devise were formally
relinquished in the year 1742; but, on other alienations those
fines, as well as the quit rents; continued to be charged and
collected until the revolution made a short settlement of every
thing that concerned the proprietary revenues.

 

 

CHAPTER XVIII.

 

 

FURTHER ACCOUNT OF THE CONSTITUTION OF THE LAND
OFFICE, AND, GENERAL AND CONCLUDING
OBSERVATIONS CONCERNING THE ANCIENT PRACTICE.

    WE have spoken formerly of land affairs as being under
the direction, at different periods, of the proprietary's
lieutenant or governor; of the governor and council conjointly;
the secretary of the province; the select land council, and
the chief agent and receiver general. Until the distinct
erection of the land office in 1680, the secretary, in whose care
were the public records of every kind, was the officer charged
with the issuing of warrants, passing grants, &c. having
under him, for that and other purposes, a chief clerk,
appointed and commissioned by the Government. Llewellin, who
occupied that place at the time of the new organization, was
naturally appointed register: By the authorities vested in him
by his commission the power and responsibility of the
secretary, were much lessened, and, except that all ministerial
offices were considered as branching from that of the
secretary, and in some degree under his superintendance and
controul, there was no officer or tribunal between the
register and the proprietary himself, in council, to act upon
applications, or to decide judicially in contested cases in the
office. In a word, there were not at this time, nor had ever
been, JUDGES (so called) of the land office. This state of
things continued for four years, when the land council was
erected on occasion of the proprietary's going to England,
and assumed the direction of all the operations of the land
office, as well as the decision of controversies arising
therein, the register having nevertheless the power of acting in
ordinary matters without particular instruction. The revolution





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 268   View pdf image (33K)
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