| 1781.
CHAP.
XX. |
LAWS of MARYLAND.
order a patent to issue for confirming to the person claiming under
such grant the
lands which shall be determined to have been originally included by the
courses
therein expressed; and the person to whom patent of confirmation shall
be ordered
to issue as aforesaid, shall not be obliged to pay any money for the land
so ordered
to be confirmed to him, or the value of any improvements on such land;
and no patent shall issue upon any certificate of survey heretofore returned,
or
hereafter to be returned, unless upon proof made of notice having been
given by
the party applying for such patent to the person or persons whose land
may be affected
by such survey, or to his or their attorney, agent, guardian or next friend;
which proof of notice shall be made by affidavit, or affirmation, of a
disinterested
person, before a judge of the general court, or some justice of the county
where
such land may lie, and shall be lodged with the register of the shore on
which
such land shall lie, and by him shall be certified to the chancellor. |
| Proviso. |
XIII. Provided
always, That if the chancellor shall be of opinion, that the
land claimed as vacancy was not originally included, and shall order grant
for the
same, the person claiming under such original patent shall have a right
to controvert,
by trial at law, whether the same land, or any part thereof, was originally
included in the certificate on which the original grant did issue, and
the opinion
of the chancellor shall have no influence on the question before a jury,
but the
matter shall remain in the same manner as if no determination of the chancellor
had been given. |
|
Boundaries
may be inserted,
&c. |
XIV. And,
whereas the allowing natural or artificial boundaries to be expressed
in certificates may prevent injury from the variation of the compass, Be
it enacted, That the surveyor may insert in any certificate any
boundary artificial
or natural, as being at the end of the distance expressed, provided he
shall actually
measure such distance; and in case the length of the line expressed in
the certificate
shall not reach the boundary, and the line shall not have been actually
run,
on caveat against grant issuing on such survey, the said shall be
void, so far as
that the land which is excluded by running from the end of the course and
distance
to the end of the next course and distance, or to the next boundary, if
any,
shall be liable to be affected as vacancy; and before any grant shall issue
on any
certificate expressing more than one boundary for the beginning, the owner
shall
make oath or affirmation (as the case may be) that he knows or believes,
that the
distances mentioned in the certificate were actually run, and that no more
land in
contained by the lines and boundaries than returned by the surveyor; and
every surveyor,
before he enters on the execution of his office, shall swear (or affirm)
that he
will not mention any boundary in his certificate of any survey, unless
he shall actually
run and measure the distance to such boundary, and that the boundary or
boundaries by him returned shall be at the end of the line as expressed,
and that
the certificate does not contain more land than certified by him, to the
best of
his knowledge and belief. |
Register to
transmit a list,
&c. |
XV. And be it
enacted, That the register of the land-office for the western
shore, annually, on or before the first day of October, make out and transmit
to
the commissioners of the tax of the several counties, a list of all grants,
the name
of the grantees and land, and the quantity of acres, and the date of the
certificate
and grant. |
Certain land
not to be
taken up, &c. |
XVI. And be
it enacted, That no land adjoining to the land lately belonging
to the Principio company, or the Nottingham company, shall be taken up
as vacancy,
or affected by any warrant to be taken out; and if any warrant has been
taken out, or certificate returned, to affect such land, no patent shall
issue thereon,
but such vacancies, if any, adjoining to, or in any manner interfering
with,
the land formerly belonging to the said companies, or either of them, shall
be
reserved to this state, surveyed, and sold for the purposes to which the
property
of the said companies are respectively applied. |
Part of an act
repealed. |
XVII. And be
it enacted, That so much of the act, entitled, An act to procure
a loan, and for the sale of escheat lands and the confiscated British property
therein |
|
 |
