The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1894-05-04

D. fOJER MCSdEhh1,
Secretary of the Senate
B. L. SMITH,
Chief Clerk of the House of Delegates.
CHAPTER 1911.
AN ACT TO REPEAL AND RE-ENACT
WITH AMENDMENTS, SECT .ONS II, IA,
Is. q, &c, 80. 80, 50 AND Sc OF ARTICLE
81, OF THE CODE OF PUBLIC GENERAL
NEW SECTION TO SAID ARTICLE TO
BE DESIGNATED AS SECTION SO A"
SECTION /. Be it enacted by the General
Assembly Of Maryland, That Sections II, IA,
Is. "a. Is. 80, 80, So and So of Article "a, of
the Code of Public General LAWS Of Mary
land, title ''Land ONCE be, and the same
are hereby repealed and re-enacted, SO as to
read as follows:
IL. ALI monies payable to the State on ae-
count of the public lands shall be paid to the
Commissioner of the Land Office, whose re-
ceipt therefor shall be a good acquittance to
the party paying the same; and the said
commissioner shall keep An accurate account
of all such payments in book kept for the
purpose, and shall account semi-annually, on
the thirty-first day of March, and the tnir-
tieth day of September, with the Comptroller,
on oath, and pay over to the Treasurer all
such monies so received.
IA. He shall receive and carefully file
among the records OF his Office, all extracts
of deeds trans ierred to him by the Clerk OF
the Court of Appeals under said Act OF eigh-
teen hundred and Saventy-four, Chapter 66,
and all such as shall be transmitted to him
BY the Clerks of the Circuit Courts OF the
counties, and the Clerk of the Superior Court
of Baltimore City, and when he shall receive
a sufficient number of such extracts from the
same county to form a record book OF the
proper size, he shall cause the same to be-
n rbcfo ial Ixyh in a md
placed among the records Of his office, and
the Comptroller of the Treasury Is hereby
directed to issue his warrant for such sum or
sums of money as from time to time may be
necessary for the cost of such binding, and
for the purchase Of index books and Ior the
repair and re-binding OF other record books
in the Land Once, upon q certificate of the
correctness OF the same given 10y the Commits
sioner of the Land Office, and the sum OF
One Thousand dollars, or much thereof as
may be necessary Is hereby appropriated an
nually for said purposes.
Is. He is authorized and empowered to
continue the indexing of certain land records
and extracts of deeds which wore transferred
to the Land Office from Tie Court Of Appeals
under said Act of 1874, Chapter IS, and such
extracts of leeds as shall b. received by him
= from the Clerks of the Circuit Courts Of the
counties and the Clerk of the Superior Court
of Baltimore City, tor which said service
there SndL De dlONeU etUu pdlu Tue Sdulc
rates allowed by law to the Clerks of the Cir
cult Courts for similar services, and the Comp
troller of the Treasury is directed to issue hIs
warrants for such sum or sums as may from
time to time be necessary to meet the cost of
such indexing upon tine certificate of the
correctness OF the same given by the Com
missioner of the Land ONCE,
"a ANY person desiring TO take up vacant
land or lands which have es cheated, shall OBJ
tain 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 six months
from the date of the warrant, and such war
rant may be in the form heretofore used in
the Land Office, and may be either a common
warrant, a special warrant, warrant of re-
survey, d proclamation warrant or an escheat
warrant, whichever may be suited to the case
of the party applying for the same.
26. Any person may obtain common
warrant. special warrant or proclamation
warrant by applying to the Commissioner of
the Land Office and paying him the sum Of
twenty-five cents for each acre mentioned in
such warrant.
80. The surveyor shall return to the Land
ONCE within six months from the date of
such warrant certificate OF survey and plot,
together with the dispositions relating to the
possession and occupancy of the lands re-
surveyed, and PROOF OF the notice by publica-
ton or Otherwise given to the owners or occu-
piers of the adjacent lands. an upon the re-
turn of such certificate and proofs. if no
caveat or objection be made within six
months after such return, the Commissioner
of the Land Office shall issue a patent thereon
to the person. or his heirs or assigns, who
obtained such warrant of resurvey.
81. Every warrant issued out of the Land
ONCE shall be executed within six months
from the date thereof, and no escheat war
rant shall be renewed after six months from
its date.
SO. Every person who has obtained a war
rant to survey or escheat land, shall within
one year from tho date of sucn warrant pay
for the vacant land included in the certificate
of survey fifty cents per acre, and shall in
addition pay the value Of any improvements
there may be on such vacant land; but there
shall be deducted from the purchase money
aforesaid the sum which the party paid az
caution upon obtaining the warrant and for
land which has escheated two-thirds of the
real value of the same and the value of the
improvements thereon, ii any person shall
fail 20 pay within one year as required by
this AMI the preceding sections. the land
may be taken up by any other person under
proclamatlen warrant or escheat warrant
the case may be.
turned to the Land Office within six months
from the date OF the warrant
SECTION 2. and be ii enacted That q new
section be, and the same is hereby added to
said Article 81. to follow after Section 49, to
be designated as Section 80 A, and to read as
follows:
SO A. The amounts due the State upon
any certificate of survey for fees and for
composition or purchase money and the
value OF improvements are hereby declared
to be lien upon the land surveyed, and the
Commissioner OF the Land Office is authorized
in his discretion whenever the amount involved
justiiies it, to enforce said lien either by ap-
propriate action in the name of the State in a
court of competent jurisdiction. or by u sale
of the certificate of survey, which sale shall
be conducted in the following manner. He
shall first give notice in writing to the party
in whose name said certificate was returned
or to the assignee thereof that unless the
amount of the fees, composition or purchase
money and value OF improvements due on
said certificates are paid within the time
specified in said notice, not less than sixty
DAYS from the date thereof, the said certifi-
Gates will be offered for sale. and if the
amount due the State as aforesaid is not paid
within the time specified in said notice, the
Commissioned of the Land Office may sell said
certificate at public auction for cash, after
reasonable notice of such sale inserted in
some newspaper published in the county
where the land lies, the Commissioner reserv-
ing the right to reject any bid, If he deems
the price offered inadequate, and the pur-
chaser of such certificate shall be entitled to
patent thereon upon the payment of the
price bid, and the fees for patent, in the same
manner as an assignee of the certificate
would be entitled to patent under the rules
of the Land Office, upon exhibition OF the
proofs Of assignment, this section to apply
only to those cases in which more than one
year has elapsed since the date of the war
rant, and nothing herein contained shall pre-
vent any person from obtaining proclama-
ton warrant on such certificate as fully as II
this section had not been enacted.
SECTION 3. And be ii enacted. That this Act
shall take effect from the date of its passage.
Approved April 3, 1894.