LAND OFFICE 2279

An. Code, 1924, sec. 25. 1912, 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.

That part of land has at times been cultivated is no objection to patent. DiLegge v.
Peper, 148 Md. 269.

With reference to necessity of owner having died seized of land in jee 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, 1924, sec. 26. 1912, 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
surveyor shall give at least one month's notice prior to the time of beginning
the same, by publication in some newspaper of the county or city of Balti-
more in which the vacant land is situate, by at least two consecutive inser-
tions. 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 composition
money due on the certificate proposed to be proclamated.

The manner of obtaining a patent and preventing 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 Bl. 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. Karn 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 secs. 32 and 40.

An. Code, 1924, sec. 27. 1912, sec. 28. 1904, sec. 27. 1888, sec. 25.

27. If the vacant land, or land which has escheated lies partly in
one county and partly in another, the warrant to survey the same may be
directed to and executed by the surveyor of either county.

An. Code, 1924, sec. 28. 1912, sec. 29. 1904, see. 29. 1888, sec. 27.

28. Any person being the owner in fee simple of any lands may obtain
by application to the commissioner of the land office a warrant of resurvey