2274 ARTICLE 54

Commissioner—His Powers and Duties.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, 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
Constitution. His powers and duties are subject to change by legislature, and his
proceedings may be reviewed or controlled by courts. The pendency of proceedings
to obtain a patent, does not oust jurisdiction of equity, though such jurisdiction will
not ordinarily be exercised. Goodsell v. Lawson, 42 Md. 370; Smith v. Devecmon,
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 art. 5,
secs. 89 and 90.) Baltimore v. McKim, 3 Bl. 453.

See secs. 23 and 40 and notes.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, 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 hundred 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. 14.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1904, ch. 495, sec. 2A.
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, indexing
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 much thereof as may be necessary, is hereby appro-
priated 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.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 3. 1782, ch. 38, sec. 11.

4. He may issue summons for witnesses to testify in cases pending
before him and may compel their attendance and may order depositions
to be taken in writing on reasonable notice to the opposite party to be used
in such cases.
Cited but not construed in Cunningham v. Browning, 1 Bl. 319.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1902, ch. 577, sec. 3A.

5. All writs, attachments, orders and notices issued from the land
office shall be served by the sheriffs of the respective counties and Balti-
more City and return made thereon in the manner prescribed by the rules
of the land office. The commissioner of the land office may make rules and
regulations for the taking of depositions before the regular examiners of
the circuit courts for the counties or Baltimore City, or any justice of the
peace, for the summoning of witnesses and compelling their attendance.
The pay of witnesses and the examiners or justices of the peace shall be