2280 ARTICLE 54

to resurvey said land, whether the same consists of one or several tracts
or parts of tracts, and may add any contiguous vacancy thereto.

While a warrant of re-survey gives the holder a prior right according to its seniority,
such holder must comply with the rules of the land office, and if, without objection,
he allows a party to whom a later warrant has been issued to acquire a patent, his
interest is lost. "Contiguous vacancy" construed in this connection. Steyer v. Hoye,
12 G. & J. 234.

The right to a warrant of re-survey to include contiguous vacancy, is incident to
every legal title; it has no application to an equitable interest. When the contiguous
vacancy is not included in a subsequent conveyance. Hughlett's Case, 3 Bl. 475;
Hoffman v. Johnson, 1 Bl. 103.

A patent will not be granted under a warrant of re-survey unless the land is con-
tiguous, though the survey may be corrected. Wilson v. Markle, 4 Md. Ch. 535;
Buckingham v. Dorsey, 1 Md. Ch. 32; Baker v. Naylor, 4 Md. Ch. 543.

If, however, the patent has been granted, it will not be vacated because the land was
not contiguous, or because the applicant had no legal title. Buckingham v. Dorsey,
1 Md. Ch. 32.

Where a warrant of re-suryey is issued, the applicant and his assigns acquire an
equitable interest in the contiguous vacancy; contra, however, as to vacant land sepa-
rated from the original tract by an elder survey and included in another grant sub-
sequent to the date of said warrant. Howard v. Cromwell, 1 H. & J. 118; Howard v.
Cromwell, 4 H. & McH. 329.

If vacant land, not contiguous, is included in the certificate of survey, it is not
notice of the location of the warrant until the certificate is returned to the land
office. Hammond v. Warfield, 2 H. & J. 151.

If a party after applying for a warrant of re-survey, parts with his title, his warrant
o,f re-survey loses its effect as such, but may operate as a common warrant. Twigg v.
Jacobs, 4 Md. Ch. 541. See also Buckingham v. Dorsey, 1 Md. Ch. 32; Lee v. Hoye,
1 Gill, 188.

A certificate returned on a warrant of re-survey, will not sustain ejectment. Jenifer
v. Baker, 1 H. & McH. 57; Seward v. Hicks, 1 H. & McH. 22.

The office of a warrant of re-survey. Hoffman v. Johnson, 1 Bl. 103.

See notes to secs. 32 and 39.

An. Code, 1924, sec. 29. 1912, sec. 30. 1904, sec. 30. 1888, sec. 28. 1839, ch. 34, sec. 1.
1841, ch. 333. 1854, ch. 322, sec. 1.

29. Any person entitled to lands in fee simple and being in possession
thereof and not desiring to add contiguous vacancy may obtain a warrant
of resurvey from the land office, and it shall not be necessary in such
warrant to state the name of the tract or tracts of land to be resurveyed;
and the surveyor of the county to whom such warrant shall be directed
shall survey the lands to be affected thereby according to the possession and
holding of the person obtaining such warrant, or those under whom he
claims for the last twenty years, and shall take proof of such possession
and holding.

When depositions under a warrant of re-survey are evidence in a later suit. To
what matters the proof may extend. Caution money. Priority between and elder and
junior survey. Stewart v. Mason, 3 H. & J. 507.

Special warrant of re-survey obtained under this section—see notes to sec. 48. Tyler
v. Cedar Island Club, 143 Md. 216.

For cases involving construction of act of 1839, ch. 34, in connection with act of
1818, ch. 90, see Hoye v. Swann, 5 Md. 237; Mitchell v. Mitchell, 1 Md. 54.

See notes to secs. 28 and 32.

An. Code, 1924, sec. 30. 1912, sec. 31. 1904, see. 31. 1888, sec. 29. 1854, ch. 322, sec. 2.

1912, ch. 595.

30. The surveyor before he executes any warrant issued under the
preceding section (29) shall give thirty days' notice to the owners or occu-
pants of all the adjacent lands, if the same be occupied, and if the same
be not occupied and any of the owners do not reside in the county or city
where the lands lie, then to the owners of the said adjacent lands, who may
reside in the county or city where the lands lie, and if the adjacent lands
be occupied and the owners do not reside in the county or city, the surveyor
shall give at least one month's notice prior to the time of the beginning of