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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 300   View pdf image (33K)
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300 LAND-HOLDER'S ASSISTANT.

laws of the state;¾and not, as heretofore, a mysterious,
(half public, half private,) institution, the immediate and
peculiar establishment of a paramount ruler, and frequently in
collision with, if not eclipsing the regular departments of
government. The operations of the office at present are
directed or sanctioned by positive laws: it was recognized as a
necessary branch of the state polity in forming the new
constitution, the 5th article of which declared that there should
be two registers of the land office, one for each shore, who
should have charge of the short extracts of certificates and
grants of lands on their respective shores, to be prepared at
the public expence, in such manner as the legislature should
thereafter direct. This provision, however, went no
further than to secure to the people of Maryland the means of
recurrence to the evidences of titles in respect to lands already
granted, and contained nothing in relation to the
acquirement of lands still remaining vacant or ungranted, to which
the state did not, by that instrument, expressly assert any
right. The intention of this article is not extremely clear,
further than that a land office, or general depository of land
records, was viewed as an establishment evidently and
permanently necessary, and that, among other stipulations in
favour of that section of the state which was liable to particular
inconveniences from its geographical position, it was thought
expedient to assign a distinct office to the Eastern Shore.
The further objects of the establishment were not then
touched upon, because the succession of the state to the right of
soil, which had belonged absolutely to the proprietary, and
which in former political changes had not been taken away
with the right or power of government, was not, as I have
said, expressly affirmed, either in the general act of
separation from the crown and people of Great Britain, or in that
which erected the new and independent government of
Maryland. The first provisions which pointed to the assumption
and exercise of this right were contained in an act of
assembly, chapter 15, passed the 20th of April, 1777, at the first
session under the state constitution, " to open the courts of
justice" &c. by the 8th section of which it was ordained,
among other things, in order, as the act stated, that
individuals might not suffer by the change of government, that all
land warrants granted and issuing out of the land office
before the appointment and qualification of the new
registers, should continue " and be in force for the same time,"
and should be executed by the new officers " in the same
manner," as if the former government had continued; and
that all officers who might have in their possession any such
land warrants, or any record books, or papers, should deliver
them to the proper officers immediately after their qualification,





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 300   View pdf image (33K)
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