ART. 54] CAVEATS——PATENTS. 1331

The state will never knowingly grant the 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. Ch. 29.

An escheat grant is prima facie evidence; effect thereof. Armstrong v.
Bittinger, 47 Md. 110; Clements v. Ruckle, 9 Gill, 328; Hall v. Gittings, 2 H.
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. Eidgely, 5 H. & J. 245; Bench v. Beltz-
hoover, 3 H. & J. 474.

For cases involving the rights of purchasers from the patentee, see Buck-
ingham 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, G 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 section 24 and 40.

1904, art. 54, sec. 42. 1888, art. 54, sec. 39. 1860, art. 54, sec. 32.
1797, ch. 114, sec. 11.

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

Ibid. sec. 43. 1888, art. 54, sec. 40. 1860, art. 54, sec. 33. 1797, ch. 114, sec. 8.

43. 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.

Ibid. sec. 44. 1888, art. 54. sec. 41. 1860, art. 54, sec. 34. 1853, ch. 21.

44. All patents shall be signed by the governor and have affixed
thereto the great seal of the State; and the governor, on the presenta-
tion 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. 41.

See art. 41, sec. 3.

Ibid. sec. 45. 1888, art. 54, sec. 42. 1860, art. 54. sec. 35.

45. The commissioner of the land office may prescribe rules to reg-
ulate the conduct of surveyors in making surveys and returning cer-
tificates 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. Warfield, 2 H. & J. 151; Hall v. Gough, 1 H. & J. 127.

How escheat lands should be taken up, and practice of the 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 sections 24 and 41.