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Art. 24, s. 66.

1856,c. 154, s. 148. What forms

sufficient.

Id. s. 67.

1856, c. 154, ss.

26-61.

Same.

seven inclusive, shall be valid and effectual as if the covenants in said deeds had been expressed therein, in full.

76. The aforegoing forms, or forms to like effect, shall be suffi cient, and any covenant, limitation, restriction, or proviso allowed by law may be added, annexed to, or introduced with the aforegoing forms.

77. Any other forms conforming to the rules hereinbefore laid down or to the rules of law shall be sufficient.

The following forms of acknowledgments shall be sufficient:

Acknowledgment Taken Within this State.

Id. s. 68.

1856, c. 154, s. 92. Acknowledg ment within State.

Id. s. 69.

1856, c. 154, s. 94. Acknowledg

ment of husband and wife.

Id. s. 70.

1856, c. 154, s. 95. Acknowledg

ment out of State.

Id. s. 71.

1856, c. 154, s. 91. What form of acknowledgment sufficient.

78. State of Maryland,

I hereby certify, that on

county, to wit:
day of

in the year

before the subscriber (here insert style of the officer taking the acknowledgment), personally appeared (here insert the name of person making the acknowledgment), and acknowledged the foregoing Ideed to be his act.

Form of Acknowledgment of Husband and Wife.

79. State of

I hereby certify, that on this

county, to wit:
day of

in the year

before the subscriber (here insert the official style of the person taking the acknowledgment), personally appeared (here insert name of the husband), and (here insert name of the married woman making the acknowledgment), his wife, and did each acknowledge the aforegoing deed to be their respective act.

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before the subscriber (here insert the official style of the officer taking the acknowledgment), personally appeared (here insert the name of the person making the acknowledgment), and acknowl edged the aforegoing deed to be his act.

(SEAL OF THE

COURT.

In testimony whereof I have caused the seal of the court to be affixed (or have affixed my official seal), this

- day of

-, A.D. —

81. Any form of acknowledgment containing in substance the aforegoing forms shall be sufficient.

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4. Right of riparian proprietors to construct 5. Wharves on west side of Susquehanna river'
wharves; fishing and navigation.
how constructed.

MERGER.

6. Remedy of owner against lessee where re- 7. Conveyance by mortgage or assignment of
version expectant on lease merges.
mortgage to lessor not to work merger.

ALIENS.

8. Right to take and hold lands; to sell, devise, etc.

DOWER AND CURTESY.

1. A widow shall be entitled to dower in lands held by equitable title in the husband; but such right of dower shall not operate to the prejudice of any claim for the purchase-money of such lands, or other lien on the same.

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2. A tenant by the curtesy shall be entitled for life to lands held by equitable title, but not to the prejudice of any claim for the chase-money of such lands, or other lien on the same.

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JOINT TENANCY.

3. No deed, devise, or other instrument of writing shall be construed to create an estate in joint tenancy, unless in such deed, devise, or other instrument of writing, it is expressly provided that the property thereby conveyed is to be held in joint tenancy.

Art. 49, s. 12. When created by deed or will.

1822, c. 162.

1 Md. 171; 3 Md. 190;3 Md. Chan. 553; 28 Md. 635; 30 Md. 552; 4 Gill. 505; 8 Gill. 424.

RIPARIAN RIGHTS.

1835, c. 168; 1836, c. 27. Right of riparian proprietors to construct Fishery and navigation.

4. Any person owning real estate in fee simple, or having therein Art. 97, s. 21. an estate for years renewable forever, on any of the navigable waters of this State, may construct wharves thereon, and extend the same such a distance into the stream as may be required to admit the safe approach thereto of any vessel navigating said waters; provided, said wharves be not extended so as to interfere with the fishing or navigation of said waters.

wharves.

22 Md. 381, 530; 23 Md. 432.

Id. s. 22.

1840, c. 124. Wharves on

west side of Susquehanna

river, how constructed.

5. Any person authorized to build a wharf on the west side of the Susquehanna river, shall build the same in front of the shore to which such wharf may be attached, and shall not without the consent of the owner of the lands adjoining that to which such wharf may be attached, build any part of such wharf outside of a line drawn from the land of the owner of such wharf to the channel of said river at right angles to said channel.

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MERGER.

6. Where the reversion of any land expectant on a lease shall be merged in any other estate, the person entitled to the estate into which such reversion shall have merged, shall have the same remedy against the lessee, his representative or assigns, for non-payment of rent or other forfeiture, or for not performing conditions, covenants, or agreements, as the person entitled to the reversion would have had if such reversion had not merged.

7. There shall be no merger by reason of any conveyance by way of mortgage, or assignment of mortgage, from the lessee of any ground demised for a term of years, his executors, administrators, or assigns, to the lessor of such ground or premises (whether by original or sub-lease), his heirs, executors, administrators, or assigns, and the same rights and remedies shall exist as if the grantee in such conveyance had no other interest or estate in the property than the one thereby conveyed.

1874, c. 354. Right to take

and hold lands.

ALIENS.

8. Aliens, not enemies, may take and hold lands, tenements, and hereditaments acquired by purchase or to which they would, if To sell, devise, citizens, be entitled by descent; and may sell, devise, or dispose of the same, or transmit the same to their heirs as fully and effectually, and in the same manner, as if by birth they were citizens of this State.

etc.

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Commission for,

by what court

1. Any commission authorized by this article may be issued by the Art. 15, s. 1. Circuit Court for the county where any part of the land lies, or if 1786, c. 33, s. 2. the land, or part of it, lies in the city of Baltimore, it may be issued by the Superior Court for Baltimore City; and the word county as used in this article shall include the city of Baltimore.

issued.

1786, c. 33, s. 2

1808, c. 46, s. 2.

2. Any person, or body corporate, entitled to any estate of in- Id. s. 2. heritance in lands in possession, remainder, or reversion, or having 1787, c. 22, s. 2 a life estate therein, or an estate for years by a lease having twenty- who may have one years to run, duly executed and recorded, if such lands are de- commission. scribed by courses and distances only as to any of the lines thereof in the grant or deed under which they are held, or if any of the bounds called for are lost, may have a commission to mark and bound such lands, by complying with the provisions of the following sections.

Where tract

ent persons and

3. In all cases where the same tract is held by different persons, Id. s. 3. and lies partly in one county and partly in another, or partly in this 1793, c. 70, s. 4. State and partly in an adjoining State, any person interested may held by differ have a commission to mark and bound the whole tract when lying lies partly in wholly in this State, and also his particular part; and when lying partly in anpartly in this State, and partly in an adjoining State, any citizen of this or any of the United States may have a commission to mark and bound such part as shall lie within this State.

one county and

other, etc.

Id. s. 4.

1786, c. 33, s. 8.

Where several

persons hold

4. Where several persons hold separate parts of one and the same tract, they, or any of them, may have a commission as well to mark and bound the whole tract as their particular parts thereof, separate parts and where any person holds a younger survey, and is thereby inter- and where perested in the location of interfering or neighboring elder surveys, he

of same tract,

son holds

younger survey.

Id. s. 5.

1786, c. 33, s. 2.

cation.

4 H. & McH. 156.

shall be entitled to a commission to mark and bound any such elder survey, if the person, or some one of the persons applying for the commission, shall have given notice in writing to the person seized of such elder tract, of his or their intention of applying for such commission nine months before the petition therefor, and the person seized of such elder tract shall have neglected to apply and obtain a commission.

5. Any person entitled to lands as mentioned in the preceding Notice of appli- sections, and intending to apply for a commission to mark and bound the same, shall give notice two months before the meeting of the court at which he intends to make his application, by advertisement set up at the court-house door of the county, and at two other public places in the district where such lands lie, of his intention to apply to the court for a commission to mark and bound his land, named or otherwise described in such advertisement; and also give notice in writing to the persous holding the adjoining lands, if resid ing thereon, or if absent, leaving such notice at the houses of such persons thirty days before the meeting of the court as aforesaid; and if no person lives on the adjoining land, he shall give such notice by advertisement for four successive weeks in some newspaper printed in the city of Baltimore, and also give personal notice to the owner of the adjoining land, or to his agent or attorney, if known and in the State, thirty days before the meeting of the court as aforesaid.

Id. s. 6.

1786, c. 33, s. 2. To whom commission to be issued.

Id. s. 7.

1786, c. 33, s. 3. Notice by commissioners.

Id. s. 8.
1786, c. 33, s. 3.
Oath of com-
missioners.

6. Upon proof being made to the satisfaction of the court that such advertisements were duly set up and notice given as aforesaid, or upon the persons interested appearing, the court may issue a commission to any five or three persons, agreed on by all parties, empowering them, or a majority of them, to mark and bound the land mentioned in such commission; but if the persons interested, or any of them, shall not agree on the persons for commissioners, the court shall appoint three or five persons skilled in land affairs, not interested in the lands, nor related to either of the parties, to whom a commission shall issue as aforesaid.

7. The said commissioners, or a majority of them, shall give notice of the time and purposes of their meeting, by advertisements to be set up at the door of the court-house of their county, and such other public places as they may judge most effectual, thirty days at least before such meeting.

8. Each commissioner shall, before he proceeds in the execution of the commission otherwise than by giving such notice and issuing summonses for witnesses, as herein provided, take an oath before a justice of the peace, or some other of the commissioners, that he will settle and adjust the location of the land mentioned in the commission most agreeably to the true original location thereof, according to the evidences and circumstances which shall be offered or ap pear to him, without favor, affection, or partiality, according to the

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