SPIRO T. AGNEW, Governor                          439

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 448A be and it is hereby added to the Code of
Public Local Laws of Kent County (1959 Edition, being Article 15
of the Code of Public Local Laws of Maryland), title "Kent County,"
as added by Chapter 244 of the Acts of 1967, to be under the
new subtitle "Transfer Tax," and to read as follows:

Transfer Tax
448A.

(a)    The County Commissioners may impose a tax upon every
instrument of writing conveying title to real property offered for
record and recorded in Kent County with the Clerk of the Circuit
Court, 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, as-
sociation or corporation shall not be subject to the tax imposed under
the authority granted by this section. The term "instrument of
writing" as used in this section shall not be deemed to include any
mortgage, deed of trust, conditional sales contract, or any other
device the purpose of which is to afford a security in real property
rather than to convey title thereto.

(b)    The tax authorized by this section shall be levied at the rate
of not more than one-half of one per cent (0.5%) of the actual
consideration paid or to be paid for the conveyance of title and
shall be collected by the Clerk of the Circuit Court prior to his
accepting any such instrument for recordation.

(c)    This tax may also be imposed upon every lease for a term of
years above seven, not perpetually renewable, offered for record and
recorded, and the tax shall be applied based upon the capitalization
at 10 per cent of the average annual rental on the entire term of
the lease, including any renewal term, plus the actual consideration,
other than rent, paid or to be paid. Where the average annual
rental cannot be determined, the tax shall be based upon a figure
arrived at by multiplying the assessed value of the property covered
by the lease by 166 per cent.

(d)    Payment of the tax authorized to be imposed by this section
shall be evidenced by the fixing to or stamping on the instrument
of writing offered for recordation a legend stating that such tax has
been paid and the amount of payment and containing the signature
of the Clerk or an authorized facsimile thereof. Any instrument so
executed shall be prima facie evidence that the tax imposed by this
section has been paid.

(e)     Upon the imposition of this tax any person who:

(1)    wilfully offers for recordation or records any instrument of
writing subject to the tax knowing that such tax has not been
paid; or

(2)    wilfully misrepresents the amount of the actual considera-
tion paid or to be paid in connection with any instrument of writing
which is subject to the tax; or

(3)    forges or counterfeits any official legend or the signature
of the Clerk, or any authorized facsimile thereof, to any instrument