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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1323   View pdf image (33K)
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ART. 54] WARRANTS. 1323

1904, art. 54. sec. 25. 1888, art. 54, sec. 23. 1860, art. 54, sec. 16. 1781, ch. 20,

secs. 4, 8. 1874, ch. 354.

26. Any vacant land, whether cultivated or uncultivated, and any
land which has escheated by reason of the last owner in fee simple
dying intestate thereof and without heirs may be taken up by any
person by complying with the provisions herein contained.

With reference to the necessity of the owner having died seized of the
land in fee simple, see Cunningham v. Browning, 1 Bl. 316, note (g). See
also, Kelly v. Greenfield, 2 H. & McH. 121.

For a case involving the act of 1781, chapter 20, section 8, In connection with
the confiscation acts, see Owings v. Norwood, 2 H. & J. 103.
Cited but not construed in Southgate v. Annan, 31 Md. 117.
See sections 33 and 41 and notes.

Ibid. sec. 26. 1888, art. 54, sec 24. 1860. art. 54, sec. 17. 1860, ch. 35.
1861, ch. 3. 1894, ch. 191. 1910, ch. 748 (p. 165).

27. Any person may obtain a special warrant by applying to the
commissioner of the land office, on paying the caution money for one
acre of land, and the sum of five dollars ($5.00) the cost of the war-
rant. And a special warrant shall also have the same effect, and appli-
cation as a common warrant heretofore had; and no common warrant
shall hereafter be issued. The application for a special warrant shall
state in what election district of the county or ward of Baltimore city
the alleged vacant land is situate, and a sufficient description of the
lands and lines bounding on the alleged vacant land; and before pro-
ceeding to the execution of the warrant, the surveyor shall give at
least one month's notice prior to the time of beginning the same, by
publication in some newsaper of the county or city of Baltimore in
which the vacant land is situate, by at least two consecutive insertions.
Said notice shall contain a description of the alleged vacant land as
stated in the warrant; and in the certificate of survey, the surveyor shall
certify to the publication of such notice. And any person may obtain a
proclamation warrant by applying to the commissioner of the land office,
and paying him the cost of the warrant, and one-tenth of the composi-
tion money due on the certificate proposed to be proclamated.

The manner of obtaining a patent and preventing the same. The sufficient
designation by one who wishes to purchase from the state, gives him an
incipient title as against all others; nature of such title. What is a sufficient
designation? Cunningham v. Browning. 1 El. 299. See also, Chapman v.
Hoskins, 2 Md. Ch. 486.

Where two certificates of survey and grants bear the same date, he who
got the earlier warrant, prevails, although the other party's grant was
actually issued first. Kara v. Hughes. 3 H. & J. 210.

The qualities of the different kinds of warrants, set out. Hammond v.
Norris, 2 H. & J. 130. As to a proclamation warrant, see also, Attorney-
General v. Snowden, 1 H. & J. 332.

The warrant and certificate defined. Chesapeake Canal Co. v. B. & O. R. R.
Co.. 4 G. & J. 6,

For cases involving common warrants, see Howard v. Moale, 2 H. & J.
249; Hall v. Gittings, 2 H. & J. 112; Railroad v. Hoye, 2 Bl. 258.

See notes to sections 33 and 41.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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