Marvin Mandel, Governor                       1167

lease shall have been exhibited to the clerk and the tax paid thereon,
in addition to whatever tax may be payable on such other instru-
ment.

The tax on any such lease shall be chargeable to the lessee thereof
and, in the event it shall be required to be advanced by the party
offering for record such other instrument due to the failure or refusal
of such lessee to pay the amount due to the clerk on demand by such
party, then the amount thereof, plus interest from the date of pay-
ment, shall be recoverable by such party from the lessee by action
at law.

Nothing in this subsection [sub-section] (2) shall be taken to
apply to any lease not required by law to be recorded.

(e)    Payment of the tax imposed by this section shall be evi-
denced by the affixing 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. Any instrument so executed shall be
prima facie evidence that the tax imposed by this section has been
paid.

(f)    The proceeds of the tax imposed by this section shall be paid
to the State Comptroller. The Comptroller shall place all such moneys
in a special fund and shall use the same for payment of interest and
principal on the certificates of indebtedness issued under the "Out-
door Recreation Land Loan Act of 1969." If at any time the Comp-
troller has in this fund more money than needed to meet payments
of interest and principal, the excess amount shall be made available
for the funding of projects for the acquisition and development of
recreation land and open space, as provided under "Program Open
Space."

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved May 17, 1971.

CHAPTER 524
(House Bill 353)

AN ACT to repeal and re-enact, with amendments, Section 700 (1)
(L) of Article 66C of the Annotated Code of Maryland (1970
Replacement Volume), title "Natural Resources," subtitle "Oysters
and Clams," to allow the tonging of oysters in Dorchester County
SPECIFIED AREAS AND WICOMICO COUNTY waters during
a certain period TO REPEAL THE TONGING SEASON EX-
TENSION FOR CERTAIN AREAS.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 700(1) (L) of Article 66C of the Annotated Code of
Maryland (1970 Replacement Volume), title "Natural Resources,"
subtitle "Oysters and Clams," be and it is hereby repealed and re-
enacted, with amendments, to read as follows: