Marvin Mandel, Governor                       1147

CHAPTER 513

(House Bill 245)

AN ACT to repeal and re-enact, with amendments, Sections 1, 3, 5,
7, 10, 11, 12, 13, 15, 16, 17, and 18 of Article 91 of the Annotated
Code of Maryland (1969 Replacement Volume), title "Surveyor
and State Survey," subtitle "Surveys, Returns and Certificates,"
and to repeal and re-enact, with amendments, Section 27 of Article
36 of the Code (1965 Replacement Volume), title "Fees of Officers,"
subtitle "Surveyors," to delete all references to the surveyor of
Baltimore City and to eliminate certain archaic verbiage in these
sections, subject to a certain contingency.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 1, 3, 5, 7, 10, 11, 12, 13, 15, 16, 17, and 18 of Article 91
of the Annotated Code of Maryland (1969 Replacement Volume),
title "Surveyor and State Survey," subtitle "Surveys, Returns and
Certificates," and to repeal and re-enact, with amendments, Section
27 of Article 36 of said Code (1965 Replacement Volume), title "Fees
of Officers," subtitle "Surveyors," be and they are hereby repealed
and re-enacted, with amendments, and all to read as follows:

91.
1.

The surveyors for each county [and the City of Baltimore] shall
execute all warrants issued from the Land Office, and all orders or
warrants issued by any court having authority to issue [.the same]
them and shall make return thereof within the time prescribed by
law. Whenever the surveyor is incapacitated by sickness or any
other cause from executing any warrant or order issued to him from
the Land Office or any court, or the surveyor neglects or refuses to
proceed with [such] the warrant or order, anyone interested in the
execution and return of [such] the warrant or order may petition
the [Commissioner of the Land Office] Archivist of the Hall of
Records Commission or court for the appointment of a deputy sur-
veyor to execute the warrant, and the [said] Commissioner of the
Land Office or court may, if necessary, appoint [such] a deputy and
issue a duplicate warrant to such deputy; and [such] the return or
certificate shall have the same effect as if executed by the surveyor.

3.

The books for that purpose shall be procured at the expense and
shall be the property of the county [or Baltimore City] and shall
be kept by the surveyor thereof open to the inspection of all persons
who may desire to examine the [same] books and shall be handed
down to his successor in office.

5.

Surveyors and their deputies may administer an oath to their chain
and pole carriers, carefully, without favor or partiality to carry the
chain or pole to the best of their knowledge [whilst] while making
a survey.