" respective offices, and for the behavior of surveyors, as they
" shall think proper," which rules and orders are to be
observed by the said officers respectively: It directs further that
" if any dispute shall arise concerning the validity of surveys
" or the grant of lands," the same shall be heard and
determined by the chancellor as to all former warrants and
surveys agreeably to the former rules of the land office, and as to
future warrants and surveys according to such rules and
orders as shall be established by the governor and the
council.
By the 7th section the governor and council are authorised
to appoint an examiner general, who is to reside at Annapolis,
and is to " examine, and pass or reject certificates, agreeably
to the former or future rules and directions as the case may
be, " and is to take an oath to execute his office diligently and
faithfully, without favour, affection, partiality or prejudice.
The 8th section directs that a preference shall be given to
those who shall have made the first application for warrants
(in proper hours for the transaction of business) before the
first day of December, 1781, and to those who shall in like
manner make the first application after the first day of
February 1782. This is so far worthy of notice in speaking of
general regulations, as that it expresses the sense of the
legislature that business is not to be transacted in the land office
at unusual hours:¾In other respects the provision was
temporary, being designed in all probability to defeat those
applications that had been or might be made while this important
law was in discussion.
The next provision of a general nature is contained in the
9th section, which, after requiring that the value in current
money of all escheat lands, and improvements thereon, and
the real value in current money of all improvements on
cultivated land, shall be returned and certified by the surveyor
upon oath, at the time of returning his certificate of survey,
directs that the treasurer of the western shore shall finally
ascertain the value of such land and improvements, and shall
receive the money therefor from the party.
The 12th section, after reciting that land originally
included by the courses and distances expressed in the certificates
of lands formerly granted, but since excluded by the
variation of the compass, ought not to be taken from the person
claiming under such survey and grant, and that attempts may
be made to take up such land as vacancy, contrary to justice¾
directs that no grant shall issue, unless to the person holding
under the grant originally including the land as aforesaid,
upon any warrant to affect land which the Chancellor may on
caveat adjudge to have been included by the courses of such
original grant, and since excluded by the variation of the
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