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JOHN EAGER HOWARD, Esq; Governor.
CHAP. XXXV.
An ACT to restrain surveyors, to regulate certain proceedings in
the land-office, and to compel the attendance of witnesses
on
surveys under the authority of the chancery, general,
and
county courts. |
1789.
Passed December
24. |
WHEREAS many frauds and abuses may be practised
by surveyors, or
their deputies, if they be not by law prevented from taking up vacant
land in their respective counties, |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That from and after
the end of the present session, no county surveyor, or deputy to a
county surveyor,
while he acts as such, shall take up, either in his own name, or in the
name of
any other person for his use, or in secret trust for him, any land lying
in the
county of which he is surveyor or deputy as aforesaid, unless by virtue
of a warrant
of resurvey on lands by him obtained and held before his appointment to
the
office of surveyor or deputy, or by virtue of a special or an escheat warrant
procured
by him before such appointment; and no grant shall issue to any such
surveyor or deputy, or to his assign, or to any person for his use, or
to any person
who shall be known to act for him in secret trust, for any land taken
up after
the end of the present session contrary to the tenor of this provision;
and if any
patent shall issue to any person acting under a secret trust for any surveyor
or deputy
as aforesaid, it shall be liable to be vacated upon a petition made,
within
two years from the date of such patent, to the chancellor as judge of the
land-office,
and there shall be the same proceedings on such petition as upon caveats
to
certificates. |
Surveyors not
to take up
land, &c. |
III. 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 on 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. |
Penalty on returning
certain certificates,
&c. |
IV. 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. |
In all disputes
chancellor
may decree,
&c. |
V. And be it
enacted, That whenever a caveat is entered in the land-office,
and the composition money due upon the certificate 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 determination
on the said caveat longer than was necessary to obtain a full hearing of
the
real merits in the cause. |
Time not to
be considered,
&c. |
VI. 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 relative 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 testimony may be wanted on the survey; and the
said summons shall be according to the following form: " You are
hereby required |
Surveyor may
issue a summons,
&c. |
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