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370 LAND OFFICE. [ART. LIV
42.
The caveat is but an objection to the issuance of a patent, and if not
heard within the period provided by this section, without extension of
time, the certificate is released from the effect of the caveat by operation
of law, and upon the compliance by the caveatee with all other provisions
of the law, the patent should issue. The failure to hear and determine
the caveat as provided by this section affects only the caveat and not the
certificate or rights of the caveatee. Barton v. Swamson, 130 Md. 632.
47.
To the third note to this section on page 1332 of volume 1 of the Anno-
tated Code, add Hodson v. Nelson, 122 Md. 335.
See notes to sections 48 and 49.
48.
A riparian owner held not to be entitled to an injunction against the
erection of crab houses and crab pounds, or floats not attached to the
mainland, in front of his property, such structures not interfering with
ingress and egress, nor with his right to make the improvements provided
for by this and the preceding section. When such owner desires to make
such improvements the crab houses, etc., must yield to his paramount
right. Until the owner makes such improvements, the title to the land
under the water is in the state. Nature and extent of riparian owner's
rights under this section. Hodson v. Nelson, 122 Md. 334.
To the first note to this section on page 1332, and to the third note to
this section on page 1333 of volume 1 of the Annotated Code, add Hodson
v. Nelson, 122 Md. 335.
See notes to section 49.
49.
The right of the state under the act of 1745, chapter 9, to intercept the
riparian owner's right to make improvements into the water before he
had made such improvements, by a grant of the land covered by the
water, was taken away by this section. Cases dealing with the act of
1745, chapter 9. Brady v. Baltimore, 130 Md. 510.
See notes to section 48.
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