1074                            LAWS OF MARYLAND                      [CH. 610

thereon offered for record and recorded in Howard County with
the Clerk of the Circuit Courts FOR ALL OR ONLY THAT
PORTION OF SUCH PROPERTY DESCRIBED IN SUCH IN-
STRUMENT WHICH IS ACTUALLY LOCATED IN HOWARD
COUNTY, provided that conveyances to the State or to any agency
or instrumentality thereof, or any political subdivision of the State,
or any nonprofit hospital or religious or charitable organization,
association or corporation shall not be subject to the tax imposed by
this section. The term "instrument of writing" as used in this section
shall [not] be deemed to include any deed, mortgage, deed of trust,
conditional sales contract, contract, lease, agreement, ASSIGN-
MENT, OF LEASEHOLD PROPERTY or any other device the
purpose of which is to afford a security in real property rather than

to convey title thereto, but shall not include any purchase money

mortgage, purchase money deed of trust, assignment of mortgage or
releases, provided, however, upon any refinancing of property, by the

original mortgagor or mortgagors the tax shall apply only to the

consideration over and above the amount of THAT AMOUNT OF

THE NEW MORTGAGE WHICH EXCEEDS THE DIFFERENCE
BETWEEN THE ORIGINAL CONSIDERATION AND the original

mortgage or deed of trust and further provided that any person,

company or corporation shall be so taxed only once in any given

transaction. In the case of a lease for a term of years, not perpetu-

ally renewable, and recorded after the effective date of this section,

the tax herein provided for shall be computed and be based upon

the capitalization at 10% of the average annual rent over the entire

term of the lease, including any renewable term, plus the actual

consideration other than the rent paid or to be paid. Where the

average rental cannot be determined or accurately estimated from
the terms contained in the lease for payment thereof, the tax shall
be based upon two times the assessed value of the property described
in the lease. CONVEY TITLE TO REAL PROPERTY, BUT SHALL
NOT INCLUDE ANY MORTGAGE, DEED OF TRUST, CONDI-
TIONAL SALES CONTRACT OR ANY OTHER DEVICE THE
PURPOSE OF WHICH IS TO AFFORD A SECURITY IN REAL
PROPERTY RATHER THAN TO CONVEY TITLE THERETO.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1966.

Approved May 6, 1966.

CHAPTER 610
(Senate Bill 452)

AN ACT to repeal and re-enact, with amendments, Section 295 (a)
of the Charter and Code of Public Local Laws of Baltimore City
(1949 Edition, being Article 4 of the Code of Public Local Laws of
Maryland), title "Baltimore City", subtitle "Criers, Bailiffs, Watch-
men, and Stenographers", as last amended by Chapter 849 of the
Acts of 1963, providing for the retirement payments to those
bailiffs in Baltimore City who are the Jury Commissioner and the
Assistant Jury Commissioner.