LAWS OF MARYLAND.— 1795.

331

money arising from the sale to be applied to the discharge of
the just debts of the ancestor or devisor aforesaid ; but if it shall
appear to the chancellor, that the person or persons having the
legal title, have not been paid the whole money contracted to be
paid to him, her or them, the chancellor shall not decree a sale
of more than the equitable title aforesaid, without the consent of
the party or parties having the legal title, or without providing
that the debt for the land shall be wholly paid.

SEC. 4. And be it enacted. That hereafter, with the consent
of both parties to any cause in the court of chancery, a com-
mission for taking depositions may issue to one person, instead
of four persons, now required by law, or by the usage and prac-
tice of chancery, and that any one person to whom such com-
mission shall be directed, shall be allowed for his services at the
rate of thirty shillings per diem.
See note to 14th section, 1785, ch. 72, ante page 216.

With
consent, a
commission
may issue,
&c.

SEC. 5. And be it enacted, That in case any warrant for sur-
veying or resurveying land hath issued, or shall issue, and the
same hath been or shall be executed by a deputy of the sur-
veyor authorized to execute the same, and before a certificate of
the survey or resurvey shall be made out and signed by the
said surveyor, he shall die, the said deputy shall have power,
within six months after such death, to make out and sign a
plot, and special certificate, stating the circumstances of the
case, with an affidavit of the truth thereof annexed or endorsed,
and the said certificate shall be as good and effectual as if made
out and signed by the said surveyor; and if any amendment or
correction of the said plot or certificate shall be necessary, the
amendment or correction shall be made by the said deputy, or
such other person as the chancellor, or the judge of the land
office on the eastern shore, as the case may be, shall think
proper.

Deputy
may make
out a plot,
&c.

SEC. 6. And be it enacted, That in case any certificate hath
been or shall be made out by any county surveyor authorized to
make the same, under a warrant of survey or resurvey, and the
same hath been or shall be duly returned, and an order of the
chancellor, or judge of the land office of the eastern shore, hath
been or shall be made for correcting the same, and the surveyor
hath resigned or shall resign his office, without making out a
corrected certificate, or correcting the original, the chancellor, or
judge of the land office of the eastern shore respectively, on
application of the party, and at his own discretion, may order
the correction to be made by the said surveyor ; and the cor-
rected certificate made out by the said surveyor shall be as good
and effectual as if he had not resigned, and he shall be entitled
to such fees as to the chancellor, or judge of the land office for
the eastern shore, shall under all circumstances, appear reason-
able, not exceeding the fees established by law.

Surveyor
resigning
may correct
his certifi-
cate, &c.