380 LAWS OF MARYLAND. [CH. 348

derogation of the remedy hereby given, may, after the time of
redemption has expired, file a plenary proceeding in equity in
the Circuit Court for Prince George's County, Maryland, to
reaffirm and finally establish a lien upon said respective pieces
of real estate so sold to the town for the taxes, interest, penal-
ties and costs so charged against the same and to obtain a
decree for the enforcement thereof. The owner or owners of
each piece of real estate upon which such taxes, interest,
penalties and costs are sought to be enforced, shall be made
parties defendant in said suits, and if residents of the State
of Maryland shall be personally served with process, by publi-
cation, as is provided by law in other equity cases.

(8) The said Court is hereby given jurisdiction to hear and
determine such causes, establish such liens and decree the
enforcement thereof. If said Court shall determine that said
taxes were legally levied or made by said Mayor and Common
Council of Fairmount Heights, any defect or irregularity in
the tax sale or in the proceeding upon the report thereof shall
not be a defense to any such suits; all such decrees shall be
enforced by the sale of the real estate through a trustee ap-
pointed by the Court in the same manner as decrees of said
Court are authorized to be enforced by law. From the pro-
ceeds of the sale there shall be paid the proper costs and ex-
penses of such Court proceedings and sale; second, all Town,
Sanitary Commission, Park and Planning Commission, County
and State taxes and assessments with interest, penalties and
costs, and the balance, if any, paid to the owner or owners of
record or to a mortgagee or lienholder thereon, as their in-
terest may appear. If the proceeds of sale of any piece of real
estate should be insufficient to pay in full the Town, Sanitary
Commission, Park and Planning Commission, County and
State taxes and assessments against the same, then such
balance of proceeds shall be pro-rated between the Town,
Sanitary Commission, Park and Planning Commission, County
and State, in proportion to the amount due at the time of dis-
tribution to each of such jurisdictions on such pieces of real
estate. Such payment shall constitute a full satisfaction of
all such taxes and assessments, and the purchaser shall take
title to said property free and clear of past due taxes or
assessments.

SEC. 2. And 'be it further enacted, That this Act shall not
become effective unless and until at a general election to be
held in the Town of Fairmount Heights on the first Monday in
May, 1943, which election shall be conducted in all respects
as regular elections in the Town of Fairmount Heights are
conducted, there shall be cast a majority of votes in favor of
this Act. That at said election the question of the approval