BALTIMORE v. McKIM.—3 BLAND. 453

individual, but for the use of the public; and so considered, the
General Assembly, as "the trustees of the public," with a view to
general convenience, made several reservations, which they de-
clared should not be sold in the land office. Land Ho. Assis. 346.
In England, it was formerly held, that the king, by virtue of his
prerogative as sovereign, might give away or dispose of, at his
pleasure, any of the public property. But of late this pernicious
prerogative has been considerably curtailed; and,in some instances,
the prodigal grants of the king have been totally annulled, and
the property resumed by Parliament for the public benefit. 4 lust.
44; Bac. Abr. tit. Prerogative, F, 2; 1 Plow. His. Ireland, 177;
Smollett's Hi*. Eng. ch. 6. In Maryland the right of disposing of
the public property, in all extraordinary cases, has devolved on
the General Assembly; the executive branch oi the government
having been expressly prohibited from exercising any prerogative
by virtue of any law of England. But although the Legislature
may correct mistakes or dispense with any of the rules of the land
office, so as to enable a bona. fide purchaser to obtain a patent for
the land intended to be bought by him; or may dispose of the
public lands, in any way, for a good and valuable consideration,
either as rewards to public benefactors, as to the soldiers of the
Revolution, 1788, ch. 44, s. 20; or for the purpose of attaining some
object of general utility. Yet I cannot concede, that they may,
as the Lord Proprietary often did, give away the public lands, at
pleasure, to their favorites, regardless of any benefit to the people.
Hepburn's Case, ante, 97; 1745, ch. 9, s. 10; 1817, ch. 225; 1822, ch.
57; 1830, ch. 63. (d)

(d) Boss v. BLADEN.—The Judges of the Land Office to the Chancellor.—
May it please your Excellency.—There having been a dispute in the land
office of an uncommon and extraordinary nature, in which Thomas Bladen,
Esq. and Doctor David Ross are the persons concerned, we take the liberty,
in pursuance of his lordship's instructions, by which we are directed, in
difficult and unprecedented cases, to desire your Excellency's advice and
assistance, (Land Ho. Assis. 232, 334,) to submit to your Excellency, as Chan-
cellor, a state of the case or matter depending before us together with our
opinion, hoping you will be pleased to favor us with your Excellency's sen-
timents thereon.

On the 16th day of January, 1761, Doctor David Ross applied to us in usual
form for warrants under the proclamation to resurvey, and be allowed the
pre-emption of the following tracts of land, Wills' Town, Buck Lodge, Sugar
Bottom, Turkey Flight, Prized, Lawrence, and Bigg Bottom, containing 2,254
acres, but as no certificates for those lands appeared to be returned or lodged
in the office, which is essential to the issuing of a warrant under the procla-
mation. Mr. Ross petitioned for, and obtained special warrants to affect the
lands aforesaid, having as your Excellency knows is usual, first paid the
agent caution money for the same.

On the 16th day of May following, the undermentioned certificates were
returned into the office, signed by Mr. Thomas Cressap, who was deputy sur-
veyor of the county at the times these certificates respectively bear date,