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Session Laws, 1972
Volume 708, Page 1099   View pdf image
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Marvin Mandel, Governor                         1099

ment to which it pertains are true and complete to the best of the
affiant's knowledge, information and belief.

(2)    "Commissioner" means the Commissioner of Land Patents
designated in
§ 13-108.

(3)    "Land" means any contiguous area, whether cultivated or un-
cultivated, within the territorial limits of the State of Maryland,
except that "land" does not include any area covered by navigable
water unless such was included in a patent issued prior to March 3,
1862. "Vacant land" means land for which no patent has issued and
which no person, other than one who hereafter applies for a patent
and those through whom he derives title, has held in possession for
twenty years prior to the filing of a proceeding under this subtitle.

(4)    "Patent" means any valid grant by the State of Maryland of
its interest in and to any vacant, resurveyed, escheat or confiscated
land under any prior law; any grant confirmed by Article 5 of the
Declaration of Rights of the Constitution of Maryland; and any
patent hereafter issued in accordance with this subtitle.

(5)    "Resurvey," whether used as a noun or as a verb in any
form or tense, means and refers to the act of surveying any land for
which a patent has previously been issued in order to obtain a new
patent therefor.

(6)    "Surveyor" means the person elected or appointed pursuant
to Article VII,
§ 2, of the Constitution of Maryland as county sur-
veyor for the county to which a warrant of survey or resurvey is to be
directed; or, if no such person is elected or appointed, any person
authorized to practice land surveying as defined and regulated by
Article 75½.

(b) Construction.This title shall not be construed to alter,
abridge or in any manner affect the rights of any person deriving
title through any patent heretofore issued or to the present or future
rights of any person under Article 57,
§ 10, relating to limitations in
bar of patents.

13-103. Designation of Commissioner; seal; powers and duties of
Commissioner generally; nature of proceedings for issuance
of patents; summons; perjury; employees.

(a)    Designation of Commissioner; seal.The functions of the
Commissioner of Land Patents under this title shall be performed by
the Archivist appointed by the Hall of Records Commission. When
acting in such capacity, the Archivist shall be deemed to act indepen-
dently of the powers, duties and responsibilities imposed upon him
as Archivist. The seal used by him in the performance of any duty
under this title shall be the seal formerly used by the Commissioner
of the Land Office.

(b)    Issuance of patents.All patents shall hereafter be issued by
the Commissioner in accordance with the provisions of this title. In
the exercise of such powers, the Commissioner shall have authority to
issue warrants and summons, approve certificates of survey or re-
survey, conduct hearings on any matter relevant to the issuance of
patents, administer oaths in such proceedings, and determine the
propriety of the issuance of patents pursuant to this title. He may
promulgate rules regulating the manner of the exercise of such powers
to any extent not inconsistent with the provisions of this title.


 

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Session Laws, 1972
Volume 708, Page 1099   View pdf image
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