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Session Laws, 1967
Volume 681, Page 728   View pdf image (33K)
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728                              LAWS OF MARYLAND                      [CH. 355

24. Termination of proceeding.

(a)    Generally. A proceeding to obtain a patent shall terminate
upon the issuance of a patent, upon the entry of a final decision or
order by the Commissioner refusing to issue a patent, or upon
abandonment of the proceeding by the applicant.

(b)    Failure of surveyor to return certificate. If the certificate
of the surveyor is not returned within the time prescribed by Section
18 or within any extension granted during such period, the proceed-
ing shall be deemed to have been abandoned by the applicant; and a
declaration to that effect shall be entered in the proceedings by the
Commissioner. Termination shall not, however, be dependent upon
the entry of such declaration.

(c)    Failure of applicant to pay fees, etc. If after return of the
certificate of the surveyor and notification of the applicant by the
Commissioner that a patent will be issued upon payment of all fees
and costs and the purchase price for any vacant land, the applicant
fails within a period of sixty days to pay such charges, he shall be
deemed to have abandoned the proceeding. After the entry of an
order to that effect in the proceedings by the Commissioner, no
patent shall be issued therein which includes any land which has
been resurveyed. Any vacant land included in such certificate shall
be advertised for sale and sold at public sale by the Commissioner in

an equity proceeding instituted for that purpose in the Circuit Court
of the county in which is located any portion of such vacant land to be

sold. Such sale shall be conducted in the manner provided for
judicial sales by the Rules of Procedure adopted by the Court of
Appeals; and upon ratification, the Commissioner shall issue a

patent for the vacant land so sold. The sale price, less court costs

and fees allowed by law, shall be remitted by the Commissioner as

in other cases. Any portion of the sale price deducted for costs

or other expenses shall be charged to the applicant as provided in
subsection (d).

(d) Debt and lien for unpaid fees, etc. All costs, fees, expenses
and the purchase price for any vacant land shall constitute a debt
to the State of Maryland by the applicant or other person against
whom such costs, fees, expenses or purchase price are properly
assessed from the time of the termination of the proceeding. No
patent shall be issued until such costs, fees, expenses and purchase
price have been paid by the applicant to the Commissioner. After a
proceeding has been terminated otherwise than by issuance of a
patent, the Commissioner shall file a certified list of any unpaid
costs, fees, expenses or purchase price in any county where the
applicant is known or suspected to own real or leasehold property.
When so filed, the debt represented thereby shall have the force
and effect of a lien of judgment and may be enforced as such. If not
included in the list as originally filed, any amount chargeable to the
applicant pursuant to subsection (c) may be added by amended
certification of the Commissioner.

25. Issuance and effect of patents.

(a) Notification of applicant. After the Commissioner deter-
mines that it is proper to issue a patent, he shall certify his decision
to the applicant and any party to the proceeding. He shall also
notify the applicant of the purchase price for any vacant land and


 

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Session Laws, 1967
Volume 681, Page 728   View pdf image (33K)
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