J. MILLARD TAWES, Governor                       1577

CHAPTER 769
(House Bill 467)

AN ACT to repeal and re-enact, with amendments, Section 278 of
Article 81 of the Annotated Code of Maryland (1962 Supplement),
title "Revenue and Taxes," subtitle "Recordation Tax," providing
in an instrument conveying title to or creating liens or
encumbrances on property situate in more than one political
subdivision, the applicable rate of recordation tax shall be that
of the subdivision in which a majority of the property lies and that
such tax shall be paid to that subdivision.

FOR THE RATE AND PAYMENT OF THE RECORDATION
TAX APPLICABLE TO INSTRUMENTS CONVEYING TITLE
TO OR CREATING ENCUMBRANCES OR LIENS UPON PROP-
ERTY SITUATED IN MORE THAN ONE POLITICAL SUB-
DIVISION.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 278 of Article 81 of the Annotated Code of Maryland
(1962 Supplement), title "Revenue and Taxes," subtitle "Recorda-
tion Tax," be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

278.

No instrument subject to the tax imposed by this subtitle, shall
be received for record by any clerk of the court unless and until a
stamp is affixed to said instrument and canceled. The Comptroller
shall supply to the clerks of the circuit courts of the respective
counties or the clerk of the Superior Court of Baltimore City, stamps
to evidence the payment of said tax, for sale to persons offering
such instruments for record, under such rules and regulations as the
Comptroller may prescribe. The proceeds from the sale of said stamps,
together with the recordation charges herein provided, shall be ac-
counted for and paid over to the county commissioners of the county
or the Mayor and City Council of Baltimore in which the tax is
collected; provided, however, that [the revenue produced from]
(I) in the case of the recordation of instruments conveying title to or
creating liens or encumbrances upon real or personal property
which is situated in two or more counties or in the City of Baltimore
and one or more counties the applicable rate of tax shall be that of the
political subdivision in which the largest portion of such property
is situate and the revenue therefrom shall be accounted for and paid

to [the Comptroller for the general funds of the State] such sub-

division. THE TAX SHALL BE PAID IN EACH COUNTY OR THE
CITY OF BALTIMORE ACCORDING TO THE APPLICABLE
RATE OF TAX THEREIN NOTWITHSTANDING THE PROVI-
SIONS OF SECTION 277 (J) BASED UPON SUCH VALUE AS
THE VALUE OF THE PROPERTY SITUATE IN THE COUNTY
OR CITY BEARS TO THE WHOLE CONSIDERATION REPRE-
SENTED BY SUCH INSTRUMENT AND THE REVENUE
THEREFROM SHALL BE ACCOUNTED FOR AND PAID TO
EACH SUCH COUNTY OR CITY. IT SHALL BE THE DUTY OF
ANY PERSON OFFERING FOR RECORDATION AN INSTRU-
MENT CONVEYING TITLE TO OR CREATING LIENS OR EN-
CUMBRANCES UPON REAL OR PERSONAL PROPERTY