2286 ARTICLE 54

Public lands can only be disposed of for value with a view to some public benefit.
The land office only conveys title to land. Formerly no appeal lay from chancellor
as judge of land office. (See art. 5, secs. 89 and 90); Baltimore v. McKim, 3 Bl. 453.

The state will never knowingly grant same land a second time (unless, of course,
there has been an intermediate escheat). Twigg v. Jacobs, 4 Md. Ch. 542; Smith v.
Baker, 4 Md. 29.

An escheat grant is prima jade evidence; effect thereof. Armstrong v. Bittinger,
47 Md. 110; Clements v. Ruckle, 9 Gill, 328; Hall v. Gittings, 2 H. & J. 112; Brown
v. Shilling, 9 Md. 80; Hammond v. Inloes, 4 Md. 140.

Construction of a patent, and the description therein. Budd v. Brooks, 3 Gill, 198.
See also Hammond v. Ridgely, 5 H. & J. 245; Rench v. Beltzhoover, 3 H. & J. 474.

For cases involving the rights of purchasers from the patentee, see Buckingham v.
Dorsey, 1 Md. Ch. 32; Proprietary v. Jenings, 1 H. & McH. 92.

As to what a party opposing a patent in a court of law, may prove; see Cook v.
Carroll, 6 Md. 112 (questioning Singery v. Attorney General, 2 H. & J. 487); Boreing
v. Singery, 2 H. & J. 455; Garretson v. Cole, 1 H. & J. 370.

See notes to secs. 23, 39 and 41.

An. Code, 1924, sec. 41. 1912, sec. 42. 1904, sec. 42. 1888, sec. 39. 1797, ch. 114, sec. 11.

41. Every caveat shall be heard and determined by the commissioner
of the land office within twelve months from the entering of the same unless
he shall under special circumstances give further time to the parties.

The caveat is but an objection to issuance of patent, and if not heard within period
provided by this section, without extension of time, the certificate is released from
effect of caveat by operation of law, and upon compliance by caveatee with all other
provisions of law, patent should issue. Failure to hear and determine caveat as provided
by this section affects only caveat and not certificate or rights of caveatee. Barton v.
Swamson, 130 Md. 632.

The commissioner's duties under this section are judicial. Jay v. Van Bibber, 94
Md. 693.

An. Code, 1924, sec. 42. 1912, sec. 43. 1904, sec. 43. 1888, sec. 40. 1797, ch, 114, sec. 8.

42. The commissioner of the land office shall have full power at his
discretion to award the costs to the party prevailing on the decision of
any caveat.

Cited but not construed in Cunningham v. Browning, 1 Bl. 320.

An. Code, 1924, sec. 43. 1912, sec. 44. 1904, sec. 44. 1888, sec. 41. 1853, ch. 21.

43. All patents shall be signed by the governor and have affixed thereto
the great seal of the State; and the governor, on the presentation to him
of a patent by the commissioner of the land office, certified by the said
commissioner as proper to be issued, shall be authorized to sign such
patent and to cause the great seal to be affixed thereto.

See notes to sec. 40.

See art. 41, sec. 44.

An. Code, 1924, sec. 44. 1912, sec. 45. 1904, sec. 45. 1888, sec. 42.

44. The commissioner of the land office may prescribe rules to regu-
late the conduct of surveyors in making surveys and returning certificates
and plats; and he shall in all things regulate his proceedings by the usages
and principles which have heretofore been established by the practice of
the land office, not inconsistent with this article or the principles of equity.

How the rules and practice of the land office must be proved. Hammond v. War-
field, 2 H. & J. 151; Hall v. Gough, 1 H. & J. 127.

How escheat lands should be taken up, and practice of land office. Custom of
surveyors. Proprietary v. Jenings, 1 H. & McH. 92; The Railroad v. Hoye, 2 Bl.
259; Lee v. Hoye, 1 Gill, 188; Norwood v... Attorney-General, 2 H. & McH. 201.

See notes to secs. 23 and 40.