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Session Laws, 1972
Volume 708, Page 1100   View pdf image
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1100                            Laws of Maryland                      [Ch. 349

(c)    Records; certification.The Commissioner shall have custody
of and maintain all records relating to the issuance of patents, in-
cluding all books, dockets, and papers relating thereto which were
formerly in the custody of the Commissioner of the Land Office. He
shall upon request and payment of any fees required by law, certify
copies of such records; and such certification shall have the same
effect as certification by the Commissioner of the Land Office had on
January 1, 1967. He may adopt such rules as may be necessary for
the use, preservation, repair and maintenance of such records.

(d)    Nature of proceedings.All proceedings relating to the issu-
ance of patents and all papers, dockets, orders and decisions therein
shall have the same force and effect as proceedings of a court of
record and shall be proved and established in the same manner as
are proceedings in such courts. It shall not be necessary to record a
patent in any place other than the records of the Commissioner.

(e)    Summons.The Commissioner may issue summons, including
summons duces tecum, to any person to appear and testify at any
deposition or hearing authorized by this title. Such summons may be
issued with or without the request of any party to a proceeding
before the Commissioner, shall be directed to and served by the sheriff
of the county in which the person summoned resides or has a place
of business in the same manner as other civil process, and shall be
returnable to the Commissioner. Upon proof of service of such
summons and noncompliance by the person summoned, the circuit
court for the county in which the hearing or deposition is to be
conducted shall issue its order for compliance with such summons
and shall charge the costs of such proceeding to the person sum-
moned. Failure to obey such order issued by the circuit court shall be
punished as contempt.

(f)    Perjury in proceeding.Any willful and false oath or affir-
mation made in any hearing before the Commissioner or in any
application, certificate, deposition or other document filed in a pro-
ceeding to obtain a patent shall be deemed perjury and punished as
such.

(g)    Employees.The Commissioner may appoint such persons to
assist him in the performance of the duties imposed by this title
as may be authorized from time to time in the budget. In addition,
any employees of the Hall of Records may be designated to assist in
the performance of such duties.

13-104. Who may obtain patent; interest not passed, affected or
acquired until issuance of patent.

(a)    Persons entitled to apply for patent.Subject to the provi-
sions of this title, any person may obtain a patent for vacant land or
obtain a new patent for land theretofore patented, or both, in the
manner and to the extent provided herein.

(b)    Interest before patent issues.To the extent that any interest
of the State passes or is affected by any proceeding hereunder, such
interest shall not pass or be affected until the actual issuance of a
patent; and no person shall acquire any interest in any land by virtue
of filing an application, the issuance or return of any warrant or
certificate of survey, or at any other time prior to such issuance of a
patent.


 

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Session Laws, 1972
Volume 708, Page 1100   View pdf image
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