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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2289   View pdf image (33K)
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LAND OFFICE 2289

this section applies to all lands below high-water mark. Day v. Day, 22 Md. 539;
Patterson v. Gelston, 23 Md. 445. See also Garitee v. Baltimore, 53 Md. 433.

In view of last clause of this section, adverse possession for twenty years—prior
to 1890—of land covered by navigable water confers no title as against the state.
Sellers v. Sellers, 77 Md. 151.

The only effect of. last clause of this section is to restrict powers of commissioner of
land office; it is not inconsistent with a license to plant oysters. Hess v. Muir, 65 Md.
597; Phipps v. State, 22 Md. 380.

For cases dealing with the subject of this section prior to its adoption, see Patterson
v. Gelston, 23 Md. 447; Baltimore v. McKim, 3 Bl. 453; Chapman v. Hoskins, 2 Md.
Ch. 485; Ridgely v. Johnson, 1 Bl. 316, note (f).

Cited but not construed in Spencer v. Patten, 84 Md. 426; Hill v. United States,
149 U. S. 593; Ranstead v. The William H. Brinsfield, 39 Fed. 215.

Cited in Toy v. Atlantic etc. Co., 176 Md. 205.

See notes to secs. 47 and 46.

An. Code, 1924, sec. 49. 1912, sec. 50. 1904, sec. 50. 1904, ch. 282, sec. 1.

49. The governor shall appoint, by and with the advice and consent
of the senate, three citizens of the State, who shall constitute a public
records' commission, and who shall serve for two years. They shall serve
without pay, save that they may receive their necessary expenses out of
the fund hereby appropriated. They shall examine into the condition and
completeness of the public records, and report thereon to the general assem-
bly with such recommendations as they may deem expedient for the better
custody and arrangement and preservation of the same.1

As to Hall of Records Commission. See Art. 41, secs. 123-127.

An. Code, 1924, sec. 50. 1912, sec. 51. 1904, sec. 52. 1904, ch. 282, sec. 3.

50. The words public records shall he held to mean, any written or
printed book, paper, map or drawing which is required by law to be pre-
served, filed or recorded in any office of the State, or of any county or
municipality, or of any officer or employe of the State, or of any county
or municipality.

An. Code, 1924, sec. 51. 1912, sec. 52. 1904, sec. 53. 1904, ch. 282, sec. 4.

51. The paper in all books of record in which are preserved manu-
script entries required to be made by any officer of State, county or munici-
pality shall be made in linen rags and new cotton clippings well sized with
animal sizing and well finished, and that the ink and typewriter ribbon
used in such books of records be of a character approved by the commis-
sioner of the land office.

1929, ch. 200.

52. The Commissioner of the Land Office is hereby authorized to de-
mand any record book prior to 1787 from any Clerk of the Court in the
State of Maryland, giving a receipt therefor, and for the purpose of copying
said record by photographic process, but that said record shall not be kept
longer by the said Commissioner than shall be necessary for said purpose,
not to exceed sixty days; and shall be returned by said Commissioner to
said Clerk of Court, the expense of transportation and insurance to be
borne by the Land Office.

1 As to archives and ancient documents of the province and state published by Md.
Historical Society, see acts 1906, ch. 256, 1908, ch. 91 and 1910, ch. 39 (p. 430).

The act of 1914, ch. 57, provides for the further publication of the archives of Mary-
land; see also the act of 1912, ch. 15.

The act of 1912, ch. 440, provided for the removal of certain old records from the
court house of Anne Arundel County to state land office.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2289   View pdf image (33K)
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