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Session Laws, 1967
Volume 681, Page 719   View pdf image (33K)
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SPIRO T. AGNEW, Governor                         719

Code of Maryland (1957 Edition) and any amendments, supplements
or replacements thereof; references to sections alone are to this
Article.

(c)    Construction. This subtitle shall not be construed to alter,
abridge or in any manner affect the rights of any person deriving
title through any patent heretofore issued or to the present or future
rights of any person under Article 57, Section 10, relating to
limitations in bar of patents. Without in any way limiting the
generality of the foregoing, the rights of owners of land bounding
navigable waters and/or riparian owners as contained in Article
27, Section 485, and as contained in Sections 45-48 of this Article are
confirmed and preserved.

(d)    Severability. If any provision of this subtitle or the appli-
cation thereof to any person or circumstance is held invalid, such
invalidity shall not affect the other provisions or any other appli-
cation of this subtitle which can be given effect without the invalid
provision or application, and to this end, the provisions of this
subtitle are declared to be severable.

14. General powers and duties of Commissioner.

(a)    Designation of Commissioner; seal. The functions of the
Commissioner under this subtitle shall be performed by the Archivist
appointed by the Hall of Records Commission. When acting in such
capacity, the Archivist shall be deemed to act independently of the
powers, duties and responsibilities imposed upon him as Archivist.
The seal used by him in the performance of any duty under this
subtitle shall be the seal formerly used by the Commissioner of the
Land Office.

(b)    Issuance of patents. All patents shall hereafter be issued
by the Commissioner in accordance with the provisions of this sub-
title. In the exercise of such powers, the Commissioner shall have
authority to issue warrants and summons, approve certificates of
survey or resurvey, conduct hearings on any matter relevant to the
issuance of patents, administer oaths in such proceedings, and
determine the propriety of the issuance of patents pursuant to this
subtitle. He may promulgate rules regulating the manner of the
exercise of such powers to any extent not inconsistent with the
provisions of this subtitle.

(c)    Records; certification. The Commissioner shall have custody
of and maintain all records relating to the issuance of patents, includ-
ing all books, dockets, and papers relating thereto which were former-
ly in the custody of the Commissioner of the Land Office. He shall
upon request and payment of any fees required by law, certify copies
of such records; and such certification shall have the same effect as
certification by the Commissioner of the Land Office had on January
1, 1967. He may adopt such rules as may be necessary for the use,
preservation, repair and maintenance of such records.

(d)    Nature of proceedings. All proceedings relating to the
issuance of patents and all papers, dockets, orders and decisions
therein shall have the same force and effect as proceedings of a court
of record and shall be proved and established in the same manner as
are proceedings in such courts. It shall not be necessary to record a
patent in any place other than the records of the Commissioner.


 

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Session Laws, 1967
Volume 681, Page 719   View pdf image (33K)
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