LAND OFFICE. 1939

concerning the issuing of patents; and in all disputes that come before
him, he shall have full power to decree thereon according to equity and
good conscience and the principles established in courts of equity.

A caveat will not be dismissed because the caveator fails to show an interest in
the matter in dispute. When a caveat will be dismissed. Where a warrant is applied
for on land already granted, the party holding the former grant should be summoned
and heard. Armstrong v. Bittinger, 47 Md. 111; Patterson v. Gelston, 23 Md. 446
(overruling on the latter point, Gittings v. Moale, 21 Md. 135); Chisholm v. Perry, 4
Md. Ch. 32.

In the absence of positive law or rules of the land office, general principles of equity
control. Chapman v. Hoskins, 2 Md. Ch. 486; Jones v. Badley, 4 Md. Ch. 167.

When the applicant obtains an equitable interest agreeably to the rules of the land
office, he can compel a grant. Howard v. Moale, 2 H. & J. 249.

This section referred to in distinguishing between the commissioner's ministerial
and judicial duties. Jay v. Van Bibber, 94 Md. 693.

Formerly the chancellor was judge of the land office. The Chancellor's Case,
1 Bl. 649.

Cited but not construed ia Cunningham v. Browning, 1 Bl. 312.

See secs. 40 and 44 and notes.

An. Code, sec. 25. 1904, sec. 24. 1888, sec. 22. 1846; ch. 92.

24. In any matter pending in the land office in which the commissioner
for the time being may have been counsel or may be interested or related
to the parties and on that account incompetent to act, he shall certify the
same in writing to the judges of the fifth judicial district, who shall there-
upon hear and decide such case or appoint some person to do so, which
decision shall have the same effect and be liable to the same incidents as
the decision of the commissioner of the land office.1

An. Code, sec. 26. 1904, sec. 25. 1888, sec. 23. 1781, ch. 20, secs. 4, 8. 1874, ch. 354.

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

For case involving act of 1781, ch. 20, sec. 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 secs. 32 and 40 and notes.

An. Code,-sec. 27. 1904, sec. 26. 1888, sec. 24. 1860, ch. 35. 1861, ch. 3. 1894, ch. 191.

1910, ch. 748 (p. 165).

26. Any person may obtain a special warrant by applying to the com-
missioner 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 warrant. And a
special warrant shall also have the same effect and application 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 proceeding to the execution of the warrant, the

1 On secs. 24 to 44 of this article, see art. 91, " Surveyor," secs. 1 to 18.