200

LAWS OF MARYLAND.— 1785,

parties, to inquire, upon their oaths, what damage the purchaser
from this state will sustain by the loss of §uch part of his pur-
chase; and such commissioners shall, before they act, take an
oath before some justice of the peace, well and truly, according
to the best of their skill and knowledge, to determine what
damage the purchaser aforesaid will sustain by loss of such part
of his purchase, and the said commissioners shall ascertain, and
under their hands certify, the damage aforesaid to the chancel-
lor, who may, upon the certificate of any three of such commis-
sioners, determine and adjudge the damage sustained by such
purchaser by the loss of part of the purchase as aforesaid ; and
the chancellor shall, upon such his determination, cause a certi-
ficate to be made by the register in chancery of the damage
determined by him to be sustained by such purchaser, and upon
such certificate being produced by the purchaser to the treasurer
of the western shore, he shall enter the sum certified as afore-
said to the credit of the bond given or to be given by the pur-
chaser, or by any person or persons on his behalf, for the pro-
perty sold, or if bond hath not been given or may not be given
before such determination, then the damage aforesaid shall be
deducted from the price agreed to be paid for such land, and in
case the purchaser hath paid the whole of the purchase money,
and a loss and damage may be determined and ascertained as
aforesaid, the treasurer shall pay to the party, upon a certificate
of the register in chancery, to be given as aforesaid, money
equal to such damage out of any unappropriated money in the
treasury, if the payment of the purchaser was in money, or a
certificate for the same of the same kind as paid, if the payment
was made in certificates ; and the chancellor shall have full power
and authority, in all cases by him determined in pursuance of
the authority given by this act, in his discretion, to order costs
to be paid, and to enforce obedience to such order by attach-
ment and commitment in case of non-payment.

*1784, ch.
75.

CHAPTER 67.

A SUPPLEMENT to the * Act, entitled, an act to authorize the issuing grants
for the lands therein mentioned.

Preamble.

WHEREAS by the last clause in the act, entitled, an act to
authorize the issuing grants for the lands therein mentioned, it
is enacted, that where surveys have been made to the westward
of Fort Cumberland, under warrants granted between the
twenty-second day of March and sixth of October, seventeen
hundred and seventy-four, and the quantity expressed in the
warrant has been exceeded, grants may issue on such surveys,
where the quantity expressed in the warrant has not been
exceeded above one-fourth, and such excess shall be paid for to
the treasurer of the western shore : And whereas surveys have