458 BALTIMORE v. McKIM —3 BLAND

patent to be issued. Cunningham v Brouwning, 1 Bland, 320, The
Rail Road v Hoyc, 2 Bland, 258

From which it appears, that although it may be the duty ol the
Chancellor, in controversies of this kind, on the one hand, to inter
cept patents about to be irregularly issued, to quiet possessions
and prevent litigation, Land Ho. Assis 425; so, on the other, he
has ever held it to *be his imperative duty to smother no
466 reasonable or plausible claim, or to withhold it from the
deliberate examination ol the ordinary and regular Courts of
justice Johnson v. Haun Land Ho Asm 418

Some time after Baltimore had been laid out as a town the
Legislatuie passed a law, by which a considerable addition was
made to it; and, among other things, it was declared, that certain
commissioners, seven in number, appointed to see the present and
former Acts, relating to the towns betore mentioned, Baltimore and
Jones' Towns, put in execution; and cause them to be carefully
surveyed by, then outlines, therein including the branch, to wit
Jones Falls, over which the bridge is built; and shall, from time

having been returned, they could not I apprehend, have been afterwards
affected by a common warrant, and by what you say in the foregoing state-
ment, no warrant under the proclamation to affect them, by reason, that no
certificates on Mr Bladen's warrant were to be found in the office and, if,
under these circumstances such special warrants as were granted to Doctor
Ross would not affect the lands it seems to me, that a person for whom land
hath once been surveyed, has nothing more to do than, by a collusion with
the surveyor, or indeed, without such collusion, after his certificate shall
have been returned to the office, and there minuted to withdraw it again,
under pretence of having it examined of settling with the agent, or for
some other purpose and, for the future, keeping it in his hands in order
totally to prevent his lordship from receiving one shilling for the land, either
from the party himself or by sale of it to any othei person

The warrants granted to Doctor Ross being of such a nature as oblige him,
over and above the caution money paid by him at the time they were ob
tamed to pay for any improvements on the land or cultivation, the Lord
Proprietary's interest seems, in this case to have been consulted as much,
in eveiy respect, as it would have been had warrants issued under the proc-
lamation Nor do I conceive warrants under the proclamation could do any
thing more besides describing the land, and intimating, that the person for
whom the same lands was formerly surveyed had neglected to sue out
patents within the two years, according to his lordship's 11th instruction,
quoted in the above statement

If then Doctor Ross has been regular in his application and proceedings,
did pay the caution money to his lordship on obtaining his warrants, and
has done every thing in his power to entitle himself to patents, while, on
the contrary there has been great irregularity and neglect, at least, on the
part of Mr Bladen and the laying the former under any difficulties would
tend to prevent application to the office for the futuie for lands liable to be
taken up under his lordship's instruction, I am of opinion with you that
patents should forthwith issue to Dr Ross for the 2,254 acres by him affected
in the manner above stated—Land Records, lib B C & G S No 15, fol 814