ART. 54]

POWERS AND DUTIES OF COMMISSIONER

1317

45. Rules for conduct of surveyor. 46. Patents from government of Penn- sylvania. 47. Accretion to land on navigable waters. 48. Improvements into water front on navigable waters.

49. Patent not to affect riparian rights, nor to issue for land covered by navigable water. 50. Public records commission; tenure ; duties. 51. Meaning of words "public record." 52. Kind of paper, ink, typewriter rib- bon used and approved.

Commissioner—His Powers and Duties.

1904, art. 54, sec. 1. 1888, art. 54, sec. 1. 1860, art. 54, sec. 1.
1853, ch. 415, sec. 1.

1. The commissioner of the land office is a court of record with the
same power to preserve order, punish contempts and enforce obedience
to his orders and adjudications as is possessed by any other court of
record.

The commissioner of the land office forms no part of the judiciary under
the state constituton. His powers and duties are subject to change by the
legislature, and his proceedings may be reviewed or controlled by the courts.
The pendency of proceedings to obtain a patent, does not oust the jurisdiction
of equity, though such jurisdiction will not ordinarily be exercised. Goodsell
v. Lawson, 42 Md. 370; Smith v. Oevecmon, 30 Md. 481. See also, Ringgold v.
Malott, 1 H. & J. 316; West v. Jarrett, 1 H. & J. 538.

The origin of the land office and its jurisdiction. Cunningham v. Browning,
1 Bl. 299; Baltimore v. McKim, 3 Bl. 453.

Formerly no appeal lay from the chancellor as judge of the land office.
(See article 5, sections 82 and 83.) Baltimore v. McKim. 3 Bl. 433.
See sections 24 and 41 and notes.

Ibid. sec. 2. 1888, art. 54, sec. 2. 1872, ch. 289. 1900, ch. 318.
1902, ch. 229. 1908, ch. 81.

2. He shall have power to appoint a chief clerk who shall receive
a salary of eighteen hundred dollars per annum, and two assistant
clerks who shall each receive a salary of fifteen hundred dollars per
annum, and two index clerks who shall receive a salary of twelve hun-
dred dollars each per annum; and the sum of seven thousand two
hundred dollars, or so much thereof as may be necessary, is hereby
appropriated annually for said purpose.

As to fees chargeable by the land office, see art. 36, sec. 13.

Ibid. sec. 3. 1904, ch. 495, sec. 2 A. 1910, ch. 130 (p. 164).
3. The commissioner of the land office shall have power to appoint
a clerk to complete the indexing of the prerogative court records, index-
ing the records of the higher court of chancery, and other such indexing,
or copying in the land office as may be necessary, and shall receive a
salary of one thousand dollars ($1,000) per annum; and the sum of
one thousand dollars ($1,000), or as such thereof as may be necessary,
is hereby appropriated annually for said purpose. Said clerk shall be
under the control of the commissioner of the land office, and subject to
removal at any time, as other clerks in the land office.