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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 254   View pdf image (33K)
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254

LAWS OF MARYLAND.— 1789.

 

By November, 1792, ch. 15, surveyors seized of land, (before or after
their appointment,) by descent or purchase, may take out warrants to take
up vacant land, &c. to be directed to the surveyor of the next county.

Penalty on
returning
certain
certificates,
See.

SEC. 3. And be it enacted, That if any county surveyor
shall knowingly return any certificate of survey to the land
office, contrary to the tenor of this act, he shall, on conviction
thereof in a court of record of this state, be fined by the said
court a sum not less than twenty- five pounds current money,
nor more than one hundred pounds, and one-half thereof shall
be paid to the first informer, provided the fact be sufficiently
proved by other testimony than his own oath, and so declared
to be by the jury on delivering their verdict ; and if any deputy
to a county surveyor shall knowingly procure any certificate to
be returned contrary to the tenor of this act, he shall, on the
like conviction, be subject to a like fine, of which there shall be
the like appropriation, on the like declaration of the jury.

In all dis-
putes chan-
cellor may
decree, &c.

SEC. 4. And be it enacted, That in all disputes which may
hereafter arise before the chancellor, as judge of the land office,
he shall have full power and authority to decree thereon
according to equity and good conscience, and agreeably to the
principles established in the high court of chancery, as if the
matter were brought before him by a bill in chancery.

Time not
to be con-
sidered, &c.

SEC. 5. And be it enacted, Whenever a caveat is entered in
the land office, and the composition money due upon the certifi-
cate so caveated hath not been paid, the time during which the
caveat shall remain undetermined shall not be considered as
part of the time limited for payment of the said composition ;
provided the proprietor of such certificate will make oath or
affirmation, as the case may be, that he hath not procured such
caveat to be entered for the sake of delay, nor in any manner
whatever contrived or endeavoured to postpone the determina-
tion on the said caveat longer than was necessary to obtain a
full hearing of the real merits in the cause.

Surveyor
may issue a
summons,
&c.

SEC. 6. And be it enacted, That whenever an order shall
issue from the high court of chancery for the surveyor of a
county to survey, lay down and return a plot and certificate of
lands lying in his county, for the illustration of any matter rela-
tive to a cause in the said court, it shall be lawful for the said
surveyor, at the instance of either party concerned, to issue
under his hand and seal a summons for any person whose testi-
mony may be wanted on the surveys; and the said summons
shall be according to the following form : 'You are hereby
required to summon —— , that he appear on the —— day of
—— before the subscriber, surveyor of —— county, at ——
in said county, to give evidence on a survey to be then made of
a tract of land called —— , (or lots of ground, or tracts of land,
as the case may be,) in pursuance of an order from the high



 
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 254   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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