1795.

LAWS of MARYLAND.

CHAP.
LXXXVIII.

defendant as are proper to entitle the complainant or complainants to a decree in
other cafes, the chancellor fhall have power to decree, as fhall appear to him
juft to all parties and if it fhall appear to him, that no money is due for the

land from the perfon or perfons who had the equitable claim or title aforefaid to
the perfon or perfons having the legal title, he fhall decree a fale of the whole
intereft, eftate and title, of all parties to the land aforefaid, and direct the money
arifing from the fale to be applied to the difcharge of the juft debts of the ancef-
tor or devifor aforefaid but if it fhall appear to the chancellor, that the perfon
or perfons having the legal title have not been paid the whole money contracted
to be paid to him, her or them, the chancellor fhall not decree a fale of more
than the equitable title aforefaid, without the confent of the party or parties
having the legal title, or without providing that the debt for the land fhall be
wholly paid.

With confent,
a commiffion
may iffue, &c.

IV. And be it enacted, That hereafter, with the confent of both parties to
any caufe in the court of chancery, a commiffion for taking depofitions may
iffue to one perfon, inftead of four perfons now required by law, or by the ufage
and practice of chancery, and that any one perfon to whom fuch commiffion
fhall be directed, fhall be allowed for his fervices at the rate of thirty fhillings
per diem.

Deputy, in
certain cafes,
may make out
a plot, &c.

Surveyor re-
figning may
correct his
certificate,
&c.

V. And be it enacted, That in cafe any warrant for furveying or refurveying
land hath iffued, or fhall iffue, and the fame hath been or fhall be executed by a
deputy of the furveyor authorifed to execute the fame, and before a certificate
of the furvey or refurvey fhall be made out and figned by the faid furveyor he
fhall die, the faid deputy fhall have power, within fix months after fuch death,
to make out and fign a plot, and fpecial certificate, ftating the circumftances of
the cafe, with an affidavit of the truth thereof annexed or endorfed, and the faid
certificate fhall be as good and effectual as if made out and figned by the faid
furveyor; and if any amendment or correction of the faid plot or certificate fhall
be neceffary, the amendment or correction fhall be made by the faid deputy, or
fuch other perfon as the chancellor, or the judge of the land-office on the eaft-
ern fhore, as the cafe may be, fhall think proper.

VI. And be it enacted, That in cafe any certificate hath been or fhall be made
out by any county furveyor authorifed to make the fame, under a warrant of
furvey or refurvey, and the fame hath been or fhall be duly returned, and an or-
der of the chancellor, or judge of the land-office of the eaftern fhore, hath been
or fhall be made for correcting the fame, and the furveyor hath refigned or fhall
refign his office, without making out a corrected certificate, or correcting the
original, the chancellor, or judge of the land-office of the eaftern fhore refpec-
tively, on application of the party, and at his own difcretion, may order the
correction to be made by the faid furveyor; and the corrected certificate made
out by the faid furveyor fhall be as good and effectual as if he had not refigned,
and he fhall be entitled to fuch fees as to the chancellor, or judge of the land-
office for the eaftern fhore, fhall, under all circumftances, appear reafonable, not
exceeding the fees eftablifhed by law.

No original
certificate to
be received
unlefs paffed,
&c.

VII. And be it enacted, That hereafter no original certificate of furvey or re-
furvey under a warrant fhall be received in the land-office, unlefs the fame be
paffed by the examiner-general, and returned to the faid office before the firft day
of July next, or within eighteen months from the date of the warrant; and in
cafe any order hath been made for the correction of any certificate of furvey or
refurvey under a warrant, the corrected certificate fhall not be received into the
land-office, unlefs paffed by the examiner (if neceffary,) and returned before the
firft day of January, feventeen hundred and ninety-feven; and in cafe any order
fhall hereafter be made for the correction of any certificate as aforefaid, the cor-
rected certificate fhall not be received, unlefs paffed by the examiner (if neceffary,)
and returned within nine months from the date of the order, but nothing in this
act contained fhall be fo conftrued as to extend the time within which a furvey
or refurvey under a warrant may be made.