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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 330   View pdf image (33K)
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330 LAND-HOLDER'S ASSISTANT.

" the question by him decided; and the said judge shall
" thereupon proceed in such case to a new trial thereof, and shall,
" in his discretion, award costs incurred as well on the appeal
" aforesaid as in the land office."

 The 7th section directed the eastern shore register to
transmit, annually to the commissioners of the tax for the several
counties of that shore a list of all grants of patents issued out
of his office; but concerning this provision, and a subsequent
one contained in the act of 1797, ch. 89, requiring returns to
be also made, to the commissioners, of certificates becoming
ready for patent, it is not necessary to be particular, as what
concerns returns to the commissioners to the tax has been
finally regulated, in respect to both shores, by the act of 1803, ch.
92, already noticed.

 By the 8th section it was directed that, in order to preserve
an uniformity of practice in the affairs of the land offices of
the western and eastern shores, the governor and council
should cause to be transmitted to the register and examiner
for the eastern shore all rules and orders which were then, or
might thereafter be, made and established for the direction
and government of the said officers, and of the surveyors,
which said rules and orders were to be recorded by the said
respective officers, and be subject to the inspection of any
person who might reasonably require the same.

 The 9th section gave to the register and examiner the same
fees as were allowed to those officers on the western shore;
further regulations have taken place on this subject by later
acts which will receive in another place such notice as they
may require. The 10th section declared that the several acts
of assembly then in force for the government of land affairs,
and of the respective officers concerned therein on the
western shore, should be in force for the same purposes on the
eastern shore, so far as they were not virtually altered by that
act.

 The 11th section authorises the issuing of common or
special warrants from the land office on the eastern shore for
deficiency in grants, and also in the case of caution money paid
and the grant or certificate vacated, as before regulated by
the act of 1781: but with a proviso that no warrant shall
issue for such deficiency upon any grant issued or certificate
made before the first of March then following, until the
register of the western shore shall have certified that no warrant
has been before issued for such deficiency or any part thereof,
nor any satisfaction made for the same, (b) as far as appears
by the records of his said office.

    (b) the design of this provision was a very proper one, but it does not
answer the purpose, the certificate required being such, as in some cases
no investigation would enable the western shore register to give, without
sheltering himself very much under the concluding part of the clause.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 330   View pdf image (33K)
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