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LAWS OP MARYLAND.— 1786.

in an adjoining state, a citizen of this, or any other state, may obtain a
commission to mark and bound the part within this state.

Provision
in case of
deficiency,
&c.

SEC. 9, And, whereas on the execution of such commissions
small parcels of vacant land may be found to lie adjoining to
the land to be marked and bounded, or other lands "directed by
the commissioners to be surveyed, and justice requires that
such vacancies should be applied in the first place to make
good the deficiency, if any, in the adjoining tracts, and the resi-
due would be much more convenient and valuable to the pro-
prietors of the lands to which they adjoin than others, Be U
enacted, That if it shall appear on the execution of any such
commission as aforesaid, the land on which the same shall have
issued is deficient in the quantity for which it was granted, or
is partly taken away by an elder interfering survey, the com-
missioners, or a majority of them, on the request of the party,
may and shall cause any adjoining vacant land, not exceeding
the quantity of the said deficiency, to be surveyed, marked and
bounded, in their presence, and shall, with their other proceed-
ings, return a certificate thereof; and on the said certificate
being recorded in the county court records as aforesaid, and also
amongst the records of patents in the land office, the party shall
be seized of an estate in fee in the land therein described.

Pre-emp-
tion may be
awarded,
&c.

SEC, 10. And be it enacted, That where any vacant land, not
requested to be applied to make good deficiency as aforesaid,
shall be discovered on the execution of any commission, lying
adjoining to any land surveyed, on the execution of such com-
mission the commissioners, or a majority of them, may and
shall, if requested, award the pre-emption thereof, or of such
part thereof as to them shall seem most convenient and equit-
able, on a consideration of all circumstances, to any proprietor
or proprietors of the lands adjoining thereto, so that the whole
quantity, to any one proprietor, does not exceed fifty acres,
unless the adjoining tract, of which he is proprietor, exceeds
one thousand acres, in which case they may allow at the rate
of five acres for every one hundred acres thereof; and any per-
son obtaining such award of pre-emption, shall have six months
to procure a common or special warrant, or warrant of resurvey,
out of the land office, to affect and secure the same, and on a
due execution of such warrant, and a compliance with all
requisites, a grant shall issue ; provided always, that nothing
herein contained shall hinder the due execution and effect of
any land warrant already issued and located.

CHAPTER 45.
AN ACT to direct Descents.
Repealed with the supplemeats thereto, by 1820, ch. 191.