Marvin Mandel, Governor 1109
the application, the date of issuance of the warrant, the name of any
person substituted as applicant and the date of such substitution, the
date of filing of the certificate or amended certificate upon which the
patent is based and a description of the land as contained in such
certificate. The patent shall grant to the applicant the interest of
the State to the land described. It shall bear a certificate of the
Commissioner that the patent is proper to be issued and shall be
sealed with his seal. When so prepared, the patent shall be pre-
sented to the Governor for signature; and the great seal of the State
shall be affixed thereto. The Governor shall rely upon the certificate
of the Commissioner as to propriety of the issuance of the patent.
13-114. Termination of proceeding to obtain patent; unpaid fees,
etc., constitute debt to State; lien therefor.
(a) Generally. A proceeding to obtain a patent shall terminate
upon the issuance of a patent, upon the entry of a final decision or
order by the Commissioner refusing to issue a patent, or upon
abandonment of the proceeding by the applicant.
(b) Failure of surveyor to return certificate. If the certificate
of the surveyor is not returned within the time prescribed by
§ 13-107 or within any extension granted during such period, the
proceeding shall be deemed to have been abandoned by the applicant;
and a declaration to that effect shall be entered in the proceedings
by the Commissioner. Termination shall not, however, be dependent
upon the entry of such declaration.
(c) Failure of applicant to pay fees, etc. If after return of the
certificate of the surveyor and notification of the applicant by the
Commissioner that a patent will be issued upon payment of all fees
and costs and the purchase price for any vacant land, the applicant
fails within a period of sixty days to pay such charges, he shall be
deemed to have abandoned the proceeding. After the entry of an
order to that effect in the proceeding by the Commissioner, no patent
shall be issued therein which includes any land which has been re-
surveyed. Within six months after the entry of such order, any per-
son may make written application for a patent for the vacant land
described in the certificate of the surveyor in the abandoned pro-
ceeding. Such application shall be accompanied by a deposit of the
purchase price and all costs, fees, and charges for such vacant land
and shall be filed in the order received by the Commissioner. In
granting any such request for the patent, persons who have filed
applications pursuant to § 13-106 prior to the date of the order of
termination shall be preferred, in the order of filing such applica-
tions, to all other persons. When such request is granted, the
applicant therein shall be substituted in the proceeding for the
original applicant; and no further notice or proof shall be required.
(d) Debt and lien for unpaid fees, etc. All costs, fees, expenses
and the purchase price for any vacant land shall constitute a debt to
the State of Maryland by the applicant or other person against whom
such costs, fees, expenses or purchase price are properly assessed
from the time of the termination of the proceeding. No patent shall
be issued until such costs, fees, expenses and purchase price have been
paid by the applicant to the Commissioner. After a proceeding has
been terminated otherwise than by issuance of a patent, the Com-
missioner shall file a certified list of any unpaid costs, fees, expenses
|
|