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Session Laws, 1967
Volume 681, Page 724   View pdf image (33K)
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724                               LAWS OF MARYLAND                        [CH. 355

of any alleged vacant land within the tract. The signature and seal
of the surveyor shall be affixed to the plat as well as to the certificate
itself.

(e)    Death or substitution of surveyor. If the surveyor to whom
a warrant is directed dies or is unable or unwilling to execute such
warrant or to return a certificate as required herein, the Commis-
sioner may upon written request of the applicant setting forth in
detail the circumstances giving rise to such request, issue a duplicate
warrant to another surveyor designated in such request. If notice
of the original warrant has been given as provided in Section 17, no
further notice need be given of the issuance of a duplicate warrant.
The issuance of a duplicate warrant shall not extend the time for
filing the certificate of the surveyor except upon application as pro-
vided in subsection (b).

(f)    Charges of surveyor. All costs, expenses and other charges
of the surveyor in executing any warrant or returning any certificate
thereon shall be paid by the applicant; and such charges shall not be
included in the costs of the proceeding before the Commissioner.

(g)    Application of other law. The provisions of this Section
supersede the provisions of Article 91, Sections 1-18, in proceedings
to obtain patents.

19. Depositions.

(a)    When required. A certificate of the surveyor shall be
supported by proof of the holding and possession, if any, of the
land referred to in the certificate for the twenty years next preceding
the date of filing of the application. Such proof shall be taken by
the applicant by deposition, including the deposition of at least one
person other than the applicant or a person related to him, and shall
be conducted in the manner prescribed for the taking of depositions
in the Rules of Procedure adopted by the Court of Appeals. The
examination of each deponent shall include his knowledge of the land
described in the certificate and the general area surrounding such
land, and the apparent accuracy, based upon such knowledge, of the
plat prepared by the surveyor.

(b)    Proof at hearing. In cases where a hearing is to be held,
the Commissioner may, upon motion of the applicant made prior to
the time referred to in subsection (d), direct that the proof required
by subsection (a) be taken at such hearing and not by way of
deposition.

(c)    Deposition on request of surveyor. Upon request of the sur-
veyor, the applicant may take the deposition of any person in order
to assist the surveyor in ascertaining the boundaries upon which his
survey depends or otherwise to assist him in the execution of the
warrant.
                                           '

(d)    Notice of deposition. Notice of the taking of any deposition
shall be given to all parties to the proceeding; and any such party
may be present at the deposition and examine any deponent.

(e)    Filing depositions. All depositions shall be filed with the
Commissioner within forty-five days from the date of filing the
certificate of the surveyor. Depositions, when filed, shall be accom-
panied by all exhibits introduced during the course of such depo-


 

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Session Laws, 1967
Volume 681, Page 724   View pdf image (33K)
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