2282 ARTICLE 54

Requisites of an escheat warrant and an application therefor. Armstrong v. Bittinger,
47 Md. 109.

How escheat lands should be taken up, and practice of the land office. Proprietary
v. Jenings, 1 H. & McH. 92.

How an escheat is proved. Peterkin v. Inloes, 4 Md. 187. Goodwin v. Caton, A
Md. Ch. 161.

For a definition of "escheat," see Hall v. Gittings, 2 H. & J. 112. See also Casey v.
Inloes, 1 Gill, 433; Matthews v. Ward, 10 G. & J. 443.

See notes to secs. 26 and 40.

An. Code, 1924, sec. 33. 1912, sec. 34. 1904, sec. 34. 1888, sec. 32. 1849, ch. 424, sec. 2.

1894, ch. 191.

33. Every warrant issued out of the land office shall be executed within
six months from the date thereof, and no escheat warrant shall be renewed
after six months from its date.

See notes to sec. 32.

An. Code, 1924; sec. 34. 1912, sec. 35. 1904, sec. 35. 1888, sec. 33, 1861, ch. 3, 1894, ch. 191.

1918, ch. 151. 1927, ch. 194.

34. Every person who has obtained a warrant to survey vacant or
escheat land shall within one year from the date of such warrant pay for
the vacant land included in the certificate of such survey not less than the
assessed value of similar land in the city or counties, and shall in addition
pay the value of any improvements there may be on such vacant land, but
there shall be deducted from the purchase money aforesaid the sum which
the party paid as caution upon obtaining the warrant, and for land which
has escheated two-thirds of the real value of the same and the real value
of the improvements thereon; if any person shall fail to pay within one
year, as required by this and preceding sections, the land may be taken
up by any other persons under a proclamation warrant or escheat warrant,
as the case may be.

A presumption will not be made in support of title acquired in violation of rules
of land office. Lee v. Hoye, 1 Gill, 202. And see Hutchins v. Erickson, 1 H. & McH.
339.

See notes to secs. 29, 32 and 40.

An. Code, 1924, sec. 35. 1912, sec. 36. 1904, sec. 36. 1894, ch. 191, sec. 33A. 1892, ch. 532.

1904, ch. 570.

35. The amounts due the State upon any certificate of survey for fees
and for composition or purchase money and the value of improvements are
hereby declared to be a lien upon the land surveyed; and the commissioner
of the land office is authorized in his discretion, whenever the amount
involved justifies it, to enforce said lien either by appropriate action in
the name of the State in a court of competent jurisdiction or by a sale of
the certificate of survey, which sale shall be conducted in the following
manner: He shall first give notice in writing to the party in whose name
said certificate was returned, or to the assignee thereof, that unless the
amount of the fees, composition or purchase money and value of improve-
ments due on said certificate is paid within the time specified in such
notice, not less than two months from the date thereof, the said certificate
will be offered for sale, and if the amount due the State, as aforesaid, is
not paid within the time specified in said notice, the commissioner of the
land office may sell said certificate at public auction for cash after reason-
able notice of such sale inserted in some newspaper published in the county
where the land lies, the commissioner reserving the right to reject any bid
if he deems the price offered inadequate; and the purchaser of such cer-
tificate shall be entitled to a patent thereon upon the payment of the price