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1408 LAND OFFICE. [ART. 54
1888, art. 54, sec. 22. 1860, art. 54, sec. 15. 1846, ch. 92.
24. In any matter pending in the land office in which the
commissioner for the time being may have been counsel or may
be interested or related to the parties and on that account incom-
petent to act, he shall certify the same in writing to the judges
of the fifth judicial district, who shall thereupon hear and
decide such case or appoint some person to do so, which decis-
ion shall have the same effect and be liable to the same inci-
dents as the decision of the commissioner of the land office.
Ibid. sec. 23. 1860, art. 54, sec. 16. 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.
Ibid. sec. 24. 1860, art. 54, sec. 17. 1860, ch. 35. 1861, ch. 3. 1894, ch. 191.
26. Any person desiring to take up vacant land or lands
which have escheated shall obtain a warrant from the commis-
sioner 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 six
months from the date of the warrant, and such warrant may
be in the form theretofore used in the land office and may be
either a common warrant, a special warrant, a warrant of
resurvey, proclamation warrant, or an escheat warrant which
ever may be suited to the case of the party applying for the
same.
Proprietary v. Jennings, 1 H. & McH. 92. Kelly's Lessee v. Greenfleld,
2 H. & McH. 121. Garretson's Lessee v. Cole, 2 H. & McH. 459. Ringgold's
Lessee v. Malott, 1 H. & J. 299. Attorney-General v. Snowden, 1 H. & J.
332. Hammond's Lessee v Nonis, 2 H. & 3. 130. Cockey's Lessee v
Smith, 3 H. & J. 20. Mundell's Lessee v. Clerklee, 3 H. & J. 462-. Ford v.
Gwinn, 3 H. & J. 496. Canal Co. v. R. H. Co., 4 G. & J. 1. Steyer v. Hoye,
12 G. & J 202. Hoye v. Johnston, 2 Gill, 291. Cunningham v. Browning,
1 Bl. 299. - R. R. Co. v. Hoye, 2 Bl. 258. Coombs v. Jordan, 3 Bl. 284.
Hughlett's Case, 3 Bl. 474. Chapman v. Hoskms, 2 Md. Ch. 485.
Ibid. sec. 25. 1860, art. 54, see. 18.
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 sur-
veyor of either county.
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