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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 372   View pdf image (33K)
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372 LAND-HOLDER'S ASSISTANT.

of two thirds of the valuation of the escheatable part of the
land, a patent shall issue, in due time, to the party in whose
name the certificate may be returned, or to his heirs, or
assigns, for the undivided portion of the land that may be
liable to escheat as aforesaid.

 

CHAPTER IX.

 

POWERS OF THE JUDGES OF THE LAND OFFICE; WITH S0ME
NOTICE OF THE PRINCIPLES OF DECISION, AND RULES OF
EVIDENCE; AND A COLLECTION OF CASES ADJUDGED,
ON CAVEAT, AND ON APPEAL:

    THE foregoing chapters have stated, in general, what the
laws of Maryland prescribe in relation to land affairs; and, if
things were always done in conformity with those rules and
directions, the practice of the land office would require but
little further explanation: but, besides that the proceedings in
this office are, in common with all others creating or
transferring titles in landed property, subject to error, and to failure,
for want of a requisite conformity and adaptation between the
thing intended and the method taken to effect it, the land
office system is such a compound of law and usage, and the
distinctions resting upon the latter, or upon mere reason and
equity, which must govern where neither law or precedent is
found, are so nice, and so difficult to reduce to principles of
general application, that those proceedings may be said to be
peculiarly liable to the production of errors in those who mean
fairly, and unfair views and contrivances in others, equally
giving rise to conflicting claims or pretensions, which, as the
object in contest is, always land to which neither party is
admitted to have obtained a title, cannot be tried and
determined in the courts of law. It was for this reason, and for
greater promptitude of proceeding, that there was generally a
special judge or judges for the land office, possessing authority
to adjust matters of preference and right between parties
aiming at the acquisition of the same land, and to hear and
determine all contests relative to the final question of passing a title
by patent, after which, their jurisdiction and authority were
understood to cease, since the title so passed was a matter for
the cognizance of a court of law, or of equity, in their usual
modes of proceeding in suits or questions of title. In regard
to the general principle of decision in the land office, I have





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 372   View pdf image (33K)
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