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or by filing a notice of any counter-claim, set-off, claim of damages, demand or defense in the premises, a general traverse of the petition shall be considered as entered on the part of the defendants and the case shall be proceeded with the same as though an answer of general traverse had been filed.

39-K. In all such cases where it becomes necessary to serve orders or copies thereof upon the State, service of such orders or copies when served upon the attorney-general shall be deemed to have been duly served.

39-L. All such cases shall be heard and determined by the court without a jury.

39-M. All witnesses in such cases shall be sworn in the usual manner, and a true copy of their testimony under oath filed with the clerk of the court in which such case is heard, a duplicate copy thereof being transmitted by such clerk, together with a transcript of a full record of the proceedings and papers filed in such cause being transmitted by said clerk to the comptroller of the State of Maryland immediately upon the determination of said case by the court if against the State. All exhibits filed with the testimony of witnesses. must be carefully marked so as to be capable of immediate identification, and copies thereof must be transmitted with the copy of the record as aforesaid.

39-N. In all other respects the proceedings in such causes shall conform to the proceedings in said courts in common law actions and to the rules of said respective courts as adopted therein.

39-O. In all such cases where the judgment of the court shall be for a sum not exceeding $300, and in case there has been no appeal by the State to the Court of Appeals of Maryland within the time allowed by law for such appeal in civil cases, said claims shall be paid by the State treasurer upon warrant of the comptroller, out of any funds in the State treasury, otherwise unappropriated.

39-P. In all such cases where the amount of such judgment so rendered by the court as aforesaid shall exceed the sum of $300, said claim in the form of a transcript of such record shall be first presented to the comptroller of the treasury and reported upon by him to the next succeeding session of the general assembly of Maryland.

XIV.

A Bill entitled, An Act to repeal and re-enact with amendments section 64 of article 35 of the Code of Public General Laws of Maryland.

SECTION I. Be it enacted, That section 64 of article 35 of the Code of Public General Laws of Maryland be, and the same is hereby repealed and re-enacted so as to read as follows:

64. Copies of any record in the custody of any of the clerks of the courts of law or equity, or register of wills, certified by such clerk or register under the seal of his office shall be evidence; and all judgments, decrees, deeds and other papers and proceedings required or permitted by law to be recorded, shall be considered records within the meaning of this section. Short copies of judgments or decrees rendered by any court of record of this State, certified by the clerk under the seal of the court, with the docket entries, shall be admissible evidence in any other court in this State, to prove the recovery of such judgment or decree; and it shall not be necessary to produce a full exemplified copy of the record in order to prove such judgment or decree.

XV.

A Bill entitled, An Act to repeal and re-enact with amendments section 54 of article 17 of the Code of Public General Laws of Maryland.

SECTION 1. Be it enacted by the general assembly of Maryland, That section 54 of article 17 of the Code of Public General Laws of Maryland be, and the same is hereby repealed and re-enacted so as to read as follows:

54. They shall record all deeds, mortgages, bills of saie and other instruments of writing required to be recorded, and all other instruments of writing affecting real estate which any party thereto may desire to have recorded, in a well-bound book, which book shall contain an alphabetical index in the names of all parties to such deed, mortgage, bill of sale or other instrument of writing; provided, that they shall not be required to record or receive for recording, any deed, mortgage, bill of sale or other instrument of writing, unless the fees for recording the same as regulated by law shall first be paid by the person offering the same for record.

XVI.

A Bill entitled, An Act to limit the rights, privileges and advantages of every corporation entitled by its charter, or any amendment thereof, to exemption from taxation in this State to such rights, privileges and advantages as were granted in and by its charter, or in and by acts amendatory thereof passed prior to the time when the constitution of 1851 of this State went into effect, or in or by general, local or special acts passed prior to that time; and to prohibit and prevent the use, enjoyment and exercise by any such corporation of any of the rights, privileges and advantages conferred upon or granted to corporations generally of this State by any general or special or local act passed since the constitution of 1851 went into effect, except upon the condition that such corporation so entitled. to such exemption from taxation shall surrender, waive and release such exemption on or before the 31st day of June, 1908; and to provide that any corporation chartered by this

State which shall after the 31st day of June, 1908, accept, use, enjoy or in any wise avail itself of any rights, privileges or advantages granted or conferred by any general or special or local act passed since the time the constitution of 1851 went into effect, shall be conclusively presumed to have thereby surrendered any exemption from taxation to which it may be entitled under its charter or under any act amendatory thereof, and shall thereafter be subject to taxation as if no such exemption had been granted by its charter or by any act amendatory thereof; and to repeal all acts and parts of acts in conflict with the provisions of this act in so far as they may conflict therewith.

SECTION I. Be it enacted by the general assembly of Maryland, That every corporation entitled to any exemption from taxation in this State in and by its charter, or by any act amendatory thereof, be and it is hereby prohibited from using, enjoying or in any wise availing itself of any rights, privileges or advantages whatsoever granted or conferred by any general, special or local act passed since the constitution of 1851 went into effect unless such corporation shall on or before the 31st day of June, 1908, surrender, waive and release such exemption as hereinafter provided.

SECTION 2. And be it enacted that none of the provisions of any general, special or local law of this State passed since the constitution of 1851 went into effect granting rights, privileges or advantages to corporations generally shall be held to apply to any corporation entitled to any exemption from taxation in this State by its charter or by any act amendatory thereof, unless such corporation shall on or before the 31st day of June, 1908, surrender, waive and release such exemption as hereinafter provided.

SECTION 3. And be it enacted that in case any corporation entitled to any exemption from taxation in this State by its charter or by any act amendatory thereof shall on or before the 31st day of June, 1908, execute and file with the secretary of State a release, surrender and waiver of such

exemption, then and in that event the provisions of this act shall not be held to apply to and shall not in any wise affect any such corporation; and every such corporation which shall on or before the said 31st day of June, 1908, execute and file with the secretary of State the release aforesaid shall be entitled to have, use, exercise and enjoy all the rights, privileges and advantages which it is now entitled to use, exercise and enjoy under any special or general act of this State, anything in this act contained to the contrary thereof notwithstanding.

SECTION 4. And be it enacted that if any corporation entitled to any exemption from taxation in this State by its charter or by any act amendatory thereof passed prior to the time the constitution of 1851 of this State went into effect shall after the 31st day of June, 1908, accept, use, enjoy or in any wise avail itself of any rights, privileges or advantages granted or conferred by any general or special or local act passed since the constitution of 1851 of this State went into effect, then and in that event every such corporation shall be conclusively presumed to have thereby surrendered any exemption from taxation to which it may be entitled under its charter or under any act amendatory thereof, and shall thereafter be subject to taxation as if not such exemption had been granted.

SECTION 5. And be it enacted that all acts and parts of acts in conflict with the provisions of this act be and the same are hereby repealed in so far as they conflict with the provisions of this act.

Charles M. Armstrong, of Baltimore City: I move the report be received.

The motion was adopted.

The President: There is a Special Committee to report on the Torrens Land System; Moses R. Walter, Chairman. That report is now in order.

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