180

LAND office. [ART. 16.

by metes and bounds, and such other description of the land for
which the patent is sought, so that the land may be known, and
also particularly describing the claim of the applicant for such
patent, and containing a notification of the day and hour on which
the applicant will apply to the commissioner to issue such patent,
which day shall be at least sixty days from the day of filing the ap-
plication, and warning all parties interested to appear before said
commissioner on the day and hour therein designated to show cause,
if any they have, why such patent should not be issued.

Id s 12
1852, c 361, s 1.
If no objection
made patent to
issue

13, If no person appears to contest the said application on the
days appointed, a patent shall issue to the applicant, but if opposi-
tion be made to the issue of such patent, the party or parties mak-

If objection,
objections to be
filed in writing

ing such opposition shall, by a day to be designated by the commis-
sioner of the Land Office, not exceeding thirty days, file in the Land
Office their objections in writing to the issue of said patent.

Id s 13
1852, c 361, s 1.

. 24. The said commissioner shall fix some day, not less than ten
nor more than twenty days after the objections are filed, to hear
such application, and shall then hear the respective parties if they
appear before him, and if not, he shall proceed to determine ex parte

Within what
time to decide.

the rights of the parties claiming to be interested, and shall, within
thirty days after such hearing, decide in favor of or reject the ap-
plication as to him shall seem right and proper, filing his reasons
therefor in writing.

Id s 14
1781, c 20, s 6,
1789, c 35, s 4
To determine
disputes about
surveys and
patents

15. The said commissioner shall have full power and authority
to hear and determine all disputes which may arise concerning the
validity of surveys made under warrants or orders issued by him;
and also all disputes concerning the issuing of patents, and in all

33 Md 95, 38
Md 81, 47 Md.
111.

disputes that come before him, he shall have full power to decree
thereon according to equity and good conscience, and the princi-
ples established in courts of equity.

Id s 15
Const art 4, s 19
1846, c 92
Who to act
when commis-
sioner dlaquali-
, fied.

16. In any matter pending in the Land Office in which the com-
missioner for the time being may have been counsel, may be in-
terested or related to the parties, and on that account incompetent
to act, he shall certify the same in writing to the judge of the Fifth
Judicial Circuit, who shall thereupon 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.

Id s 16
1781, c 20, ss
4-8
Who may take
up vacant land
or escheat land.
32 Md 355

17. 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 not an alien by complying with the provisions herein
contained.

1861, c 3; s 1.
Warrants for
vacant or
escheat, lands.

18. Any person desiring to take up vacant land or lands which
have escheated, shall obtain a warrant from the commissioner of
the Land Office, directed to the surveyor of the county where the
land lies, requiring him to survey the same, and return a certificate
of survey to the Land Office within one year from the date of the war-