LIBRARY 
 
 OF THE 
 
 UNIVERSITY OF CALIFORNIA. 
 
 GIFT OF 
 
 Received 
 Accession No. 
 
 f&syu ,igo/. 
 Clati No. 
 

CL, 
 
V 
 
 THE 
 
 NEW CHARTER 
 
 OF 
 
 BALTIMORE CITY 
 
 REVISED EDITION 
 
 Containing Amendments and New Laws Passed by Maryland 
 Legislature of 1900. 
 
 BALTIMORE: 
 
 PRESS OF THE SUN PRINTING OFFICE, 
 1900. 
 
BALTIMORE, MD., May 5th, 1900. 
 
 This revised edition of the New Charter contains all 
 the local laws passed by the General Assembly at its 
 Session of 1900. These laws I obtained, and prepared 
 from them the copy which the printer used. Those 
 laws which modified sections of the New Charter, are 
 inserted in the proper place in lieu of the old sections ; 
 those laws which did not change the old sections, but 
 were new enactments, are printed in their entirety at 
 the end of the book. 
 
 The only modifications of the original charter by 
 these laws were to correct certain minor matters in 
 certain details, which I drafted myself, and believed 
 would be an improvement in the existing law. 
 
 The original charter was not altered in any respect, 
 except as given in these laws, and these changes were 
 accepted by the friends of the original charter. 
 
 ^%0 2-< 
 
 THOMAS G. HAYES, 
 
 Mayor. 
 
REPORT OF COMMISSION. 
 
 BALTIMORE, January 27, 1898. 
 
 To the Honorable General Assembly of Maryland: 
 
 The Commission appointed pursuant to the ordinance of 
 the Mayor and City Council of Baltimore, approved Novem- 
 ber 24, 1897, to draft a new Charter for the City of Baltimore, 
 herewith, as directed by said ordinance, respectfully submit 
 the result of their labors. 
 
 After mature deliberation the Commission decided at the 
 beginning of their work of preparing a new organic Act for the 
 City of Baltimore, to be governed by certain well-defined and 
 recognized principles relating to municipal government, which 
 had been found in other cities to be beneficial and which it was 
 thought were fundamental and necessary, if there were to be 
 an improvement on the present law relating to the City of Bal- 
 timore. Some of these controlling principles were: 
 
 1. To locate responsibility upon public officials in such a 
 manner that it could not be evaded. 
 
 2. To give representation to the minority party in all de- 
 partments, when composed of more than one person, so that 
 an opportunity might be given to the minority to scrutinize the 
 actions of the party in power. 
 
 3. To hold municipal elections at a different time from the 
 State and Federal elections, in order to separate municipal 
 affairs from the influence of the political issues which are 
 necessarily involved in State and Federal elections. 
 
11 
 
 4. To require the appointment of experts in all departments 
 where professional knowledge and skill are required. 
 
 5. To grant the use of the streets and other public property 
 for limited terms, and to the highest bidder, subject to the con- 
 trol and regulation of the City during the period of the grant. 
 
 6. To check hasty legislation, especially in matters relating 
 to expenditure of the public moneys, and to prohibit the cre- 
 ation of floating debts. 
 
 7. To remove the public school system from all possible polit- 
 ical influence. 
 
 8. To place the indigent sick and poor, when their treat- 
 ment, care or support is paid for by the City, under the super- 
 vision of City officials. 
 
 The most advanced and improved forms. of municipal gov- 
 ernment, as far as the Commission have been able to ascertain, 
 have had incorporated in them the placing of the power of 
 appointment in one person. It might well be urged that this 
 is conferring too much power upon one man, that the appoint- 
 ing power in City government should be distributed; but expe- 
 rience has shown that by centralizing the appointing power 
 the responsibility for official conduct can at once be definitely 
 fixed. The Charter submitted places the power of appointing 
 the heads of all departments and their respective sub-depart- 
 ments in the chief executive of the City, the Mayor, where it 
 properly belongs. The Commission have not taken the extreme 
 position of making the Mayor absolute in regard to this power 
 of appointment. His appointments must be confirmed by the 
 Second Branch of the City Council. The power of appointing 
 all subordinates and employees in the several departments ancf 
 sub-departments is in each case lodged in the head of the de - 
 partment. The Commission have to this extent endeavored to- 
 carry out the single-executive-head system, which has been. 
 
Ill 
 
 tried in other cities with good results. It is hoped with this 
 system, as now recommended, the Mayor will be more careful 
 in appointing heads of departments or sub-departments, and 
 the various heads so appointed will also be more careful in 
 selecting competent subordinates. 
 
 The principle of representation from the minority party in 
 all departments, boards or commissions, where composed of 
 more than one person, is carried out in the proposed Charter. 
 This will not prevent the successful party at the municipal 
 election from adopting and carrying out any policy or reforms 
 which, in its judgment, might be right and proper, and will in 
 no way interfere with the administration of public affairs by 
 the successful party ; but it will afford to the minority at all 
 times a right of representation in the City government, and 
 will give, it an opportunity of scrutinizing the actions of the 
 party in power. 
 
 The feature of the spring elections is designed for the dis- 
 tinct purpose of separating the municipal elections from those 
 of the State and Nation. It must be conceded that in order to 
 make a good Mayor of a large and prosperous business centre 
 like Baltimore there is no inherent necessity for his belief in 
 one rather than another of the principles which separate the 
 leading political parties. These State and National questions 
 are invariably discussed and made issues at all the November 
 elections, and it is difficult to remove from the influence of 
 these discussions municipal affairs when the elections are held 
 at the same time. The spring elections, it is hoped, will enable 
 the citizens of Baltimore to eliminate everything from their 
 municipal campaigns except that which pertains to the best 
 business administration of the City, and will present to the 
 voters an opportunity of electing such of the municipal candi- 
 dates as are most likely to ensure good municipal, government. 
 
IV 
 
 The provisions of the Charter placing experts at the head of 
 the various departments and sub-departments where profes- 
 sional knowledge is required, are expected to secure to the City 
 the best service of men of competent knowledge and experi- 
 ence in the departments placed under their charge. The Com- 
 mission have adopted the following general provision wherever 
 expert knowledge is required: "He must have had at least five 
 years' experience in the active practice of his profession and 
 have had responsible charge of work for at least that length of 
 time." Experts are required in the following offices : City 
 Engineer, Water Engineer, Harbor Engineer, Inspector of 
 Buildings, and Commissioner of Health. It was deemed advis- 
 able for the best interests of the City to put the entire subject of 
 public improvements under the direct control and supervision 
 of a board of experts, styled the Board of Public Improve- 
 ments. On this Board the Charter submitted, places three civil 
 engineers and an architect, and all matters are referred to them 
 when involving questions of new public buildings, additional 
 harbor facilities, a sewerage system, extension or improvement 
 of streets, the erection of bridges and other similar work. 
 
 The proposed Charter requires that the grant of franchises or 
 rights in, over or under the streets or in other public property 
 shall be made for only limited periods (twenty-five years), and 
 also provides that in all ordinances granting such franchises or 
 rights provision can be made for the reverting to the City at 
 the expiration of the grant, of the plant and its appurtenances, 
 and gives power to the City to operate and control the same, if it 
 should prove desirable. All franchises or rights in the high- 
 ways of the City are to be sold under the supervision of the 
 Board of Estimates. Under no circumstances can the City 
 divest itself of the right or power to regulate the exercise of the 
 franchise or right granted. 
 
 The Commission have also endeavored to protect the public 
 
interests in relation to the finances of the City by the provision 
 of the proposed Charter in regard to the Board of Estimates. 
 This Board is composed of the highest officials of the City gov- 
 ernment, that is to say, the Mayor, who is the chief executive 
 officer of the City and elected by the people; the City Solicitor, 
 who is appointed by the Mayor and is the head of the Law 
 Department, and who will always be a prominent member of 
 the bar; the Comptroller, who is also elected by the people and 
 responsible to them, and who is the head of the Finance De- 
 partment; the President of the Second Branch of the City 
 Council, a representative member from the legislative branch 
 of the City government, and, finally, the President of the Board 
 of Public Improvements, who is the City Engineer, and will be 
 an expert in engineering. It is believed that by this strong com- 
 bination of leading City officials, representing every branch of 
 the municipal government, the financial interests of the City 
 will be carefully guarded and that the welfare of the citizens will 
 always be the controlling motive in the deliberations and ac- 
 tions of the Board. The duties of this Board are comprehen- 
 sive in their nature and include the general control of the 
 financial policy of the City. In the preparation of the lists of 
 " Departmental Estimates," " Estimates for New Improve- 
 ments" and "Estimates for Annual Appropriations," called for 
 by the proposed Charter, the entire appropriations of public 
 funds are embraced. It may, therefore, be expected that the 
 composition of this Board of the highest municipal officers and 
 representatives of the City government will furnish a guarantee 
 in the future against extravagance and the reckless expenditure 
 of public moneys. The provisions of the Charter submitted re- 
 lating to the Board of Estimates are sufficiently comprehensive 
 to furnish to the municipality opportunities for a safe and con- 
 servative financial policy and to prevent the public debt from 
 advancing beyond a safe percentum of the taxable basis. Ample 
 
VI 
 
 provisions are made for conducting the City government, and 
 no floating debt can be created. The Board of Estimates, in the 
 ordinance they annually submit, providing for the expenditures 
 by the City for the ensuing year, take into consideration all the 
 disbursements, and if the income is insufficient to meet these 
 expenditures there must be a pro rata reduction in all depart- 
 ments. If there is a surplus it must be paid over to the Fi- 
 nance Commissioners to be credited to the general sinking 
 fund. By this provision it is hoped that the sinking fund will 
 be greatly benefited. When any ordinance for public im- 
 provements exceeding in cost the sum of $2,000 has passed its 
 first reading in either Branch of the City Council it shall be 
 referred to the Board of Public Improvements for their opinion 
 as to whether or not the wants of the City require the improve- 
 ment mentioned in the ordinance submitted, and when this 
 Board give their report on this ordinance it is then referred to 
 the Board of Estimates for their opinion as to whether or not 
 there is or will be sufficient money in hand to pay for the con- 
 templated improvement. Until both of these Boards report 
 upon the ordinance it cannot become valid. It will be readily 
 seen that in this manner hasty legislation will be checked, and 
 it is probable that only such ordinances for public improve- 
 ments will be passed for which there is sufficient cash on hand 
 to pay and which the requirements of the City demand. By 
 these provisions it is believed a step will be taken in the di- 
 rection of a regular and systematic reduction of the enormous 
 debt which now hangs over the City of Baltimore and a check 
 placed upon the expenditure of its money, so as to keep the ex- 
 penses and appropriations of the City government entirely 
 within its means. 
 
 The provisions of the proposed Charter relating to the public 
 school system have been framed after careful consideration and 
 research respecting the systems in force in various cities of 
 importance. It provides for the appointment of the School 
 
Vll 
 
 Commissioners, nine in number, by the Mayor, subject to con- 
 firmation by the Second Branch, for a term of six years each, 
 three of them to retire at the end of every two years. It is sub- 
 mitted that a long term, together with the other provisions 
 which, have been inserted, will cause the affairs of the schools 
 of Baltimore to be administered by competent men, indepen- 
 dent of partisan and ecclesiastical ties. The endeavor has been 
 made to secure three things: First, oversight of the schools 
 by a Board of Commissioners so selected as to ensure con- 
 servative administration and full responsibility ; second, at- 
 tention to the details of school management by a body of quali- 
 fied Superintendents, and, third, the maintenance of popular 
 interest in the public schools by means of a large number of 
 local school visitors, one or more of them from the immediate 
 neighborhood of each school-house. 
 
 The Charter submitted gives to the City a supervision over 
 all persons who come under the class of indigent sick and poor. 
 All money appropriated by the City for the care of its poor shall 
 be by contract with the various institutions which care and pro- 
 vide for the poor of Baltimore. No money is to be appropriated 
 except under contract, and the Supervisors of City Charities 
 are to have supervision over all persons who are subjects of 
 municipal aid. 
 
 The Legislative Department remains substantially as at 
 present, except that the Second Branch is smaller, and that 
 one-half are always old and experienced members. The legis- 
 lative functions of the City Council are in no wise impaired. 
 Not one cent of the pub'lic money can be spent until the City 
 Council, by ordinance, makes an appropriation. 
 
 The Commission have had before them the great need of in- 
 creased revenue to meet the constantly growing wants of the 
 City. To this question the members of the Commission have 
 given their most serious thought. Taxes today are burden- 
 some on the owners of land and houses, and to meet the wants 
 
Vlll 
 
 of the City this burden must be largely increased unless the 
 revenue of the City can be increased from other sources. The 
 Commission have proposed to so modify the law as to give to 
 the City all the fees collected by it from liquor licenses. A Sup- 
 plementary Act accompanies the Charter, providing that the 
 counties shall retain the fees collected by them from the same 
 source. The Commission feel that they would not be perform- 
 ing their full duty if they did not urge upon the Legislature the 
 necessity for this change and the adoption of the provisions 
 as to these fees contained in the proposed Charter. 
 
 Another Supplementary Act provides for certain limitations 
 on the power of the City as to contracting debts. This pro- 
 vision is a proper one and should be adopted. 
 
 The Commission believe that the Charter herewith sub- 
 mitted will, if adopted, remedy many of the faults of the old 
 law, and provide such a law as will materially contribute to the 
 future development and prosperity of the great metropolis of 
 Maryland. 
 
 WILLIAM PINKNEY WHYTE, Chairman, 
 FERDINAND C LATROBE, 
 DANIEL C. OILMAN, 
 SAMUEL D. SCHMUCKER, 
 GEORGE R. GAITHER, Jr. 
 THOMAS IRELAND ELLIOTT, 
 THOMAS G. HAYES, 
 LEWIS PUTZEL, 
 
 Nezv Charter Commission. 
 FREDERICK T. DORTON, Secretary. 
 
 BALTIMORE, February 23, 1898. 
 
 We have examined the annexed Charter, adopted by the 
 Commission on the 27th of January, 1898, and give it our full 
 
 and hearty approval. 
 
 ROBERT C. DAVIDSON, 
 NICHOLAS P. BOND. 
 
INDEX. 
 
 I. CHARTER. 
 
 SECTIONS. 
 
 1. MAYOR AND CITY COUNCIL OF BALTIMORE 1-15 
 
 (a) Corporate Name, Power to Hold Property, 
 
 Annex i-5 
 
 (&) General Powers 6 
 
 (c) Franchises 7-13 
 
 (d) Contracts with the City 14-15 
 
 2. MAYOR 16-30 
 
 3. EXECUTIVE DEPARTMENT 31 
 
 (a) Department of Finance 32 
 
 1. Comptroller 33-34 
 
 2. City Register 35 
 
 3. Board of Estimates 36-40 
 
 4. Commissioners of Finance 41 
 
 5. City Collector 42-58 
 
 6. Collector of Water Rents and Licenses 59 
 
 (&) Department of Law 60 
 
 City Solicitor 61-67 
 
 (c) Department of Public Safety 68 
 
 1. Board of Fire Commissioners 69-70 
 
 2. Commissioner of Health 71-78 
 
 3. Inspector of Buildings 79-82 
 
 4. Commissioner of Street Cleaning 83 
 
 (d) Department of Public Improvements 84-85 
 
 1. City Engineer 86 
 
 2. Water Board 87 
 
 3. Harbor Board 88 
 
 4. Inspector of Buildings 89 
 
 (e) Department of Public Parks and Squares 90 
 
 Board of Park Commissioners 90-98 
 
 (0 Department of Education 99 
 
 Board of School Commissioners 99-102 
 
 (g) Department of Charities *and Corrections 103 
 
 1. Supervisors of City Charities 104-117 
 
 2. Visitors to the Jail 118-144 
 
 (h) Department of Review and Assessments 145 
 
 1. Appeal Tax Court 146-171 
 
 2. Commissioners for Opening Streets 172-195 
 
SECTIONS. 
 
 (i) Division Embracing Municipal Officers Not In- 
 cluded in Any Department 196 
 
 1. City Librarian 196-200 
 
 2. Art Commission 201-203 
 
 3. Superintendent of Lamps and Lighting 204 
 
 4. Surveyor 205 
 
 5. Constables 206 
 
 6. Superintendent of Public Buildings 207 
 
 7. Public Printer 208 
 
 4. LEGISLATIVE DEPARTMENT. 209-222 
 
 II. MISCELLANEOUS LOCAL LAWS. 
 
 1. ARBITRATION COURT OF 223-225 
 
 2. ARBITRATION COMMITTEE OF THE CORN AND FLOUR 
 
 EXCHANGE 226-228 
 
 3. ASSAULT AND BATTERY 229-231 
 
 4. AUCTIONS 232-278 
 
 5. BILLS OF EXCHANGE AND PROMISSORY NOTES 279 
 
 6. BUILDINGS 280 
 
 7. CARRIAGES AND HORSES 281-293 
 
 8. CORONERS, INQUESTS AND DEAD BODIES 294-299 
 
 9. COURTS 300 
 
 (a) Superior Court, Court of Common Pleas, and Bal- 
 timore City Court 300-322 
 
 (&) Circuit Court of Baltimore City 323-324 
 
 (c) Circuit Court No. 2 of Baltimore City 325-327 
 
 (d) Criminal Court of Baltimore ' 328-351 
 
 0) Orphans' Court 352-353 
 
 (0 Register of Wills 354-356 
 
 (g) Clerks of Law Courts of Baltimore City 357-366 
 
 (h) Clerk of the Criminal Court of Baltimore 367-368 
 
 (i) Clerk of the Circuit Court of Baltimore City, and 
 
 of the Circuit Court No. 2 of Baltimore City. . . 369 
 
 (/) Salaries of Clerks of Courts 370-371 
 
 () Criers, Bailiffs, Watchmen and Stenographers 372-382 
 
 (/) Sheriff 383-386 
 
 (m) Witnesses, Docket Entries and Records 387-388 
 
 (n) Costs 389 
 
 10. CRUELTY TO ANIMALS 390-394 
 
 11. DEAF, DUMB AND BLIND 395-400 
 
 12. DESTROYING PROPERTY MALICIOUSLY 401 
 
 13. ELECTIONS PRIMARY 402-425 
 
 14. EXAMINING ENGINEERS 426-430 
 
XI 
 
 SECTIONS. 
 
 15. FERRIES 43 I ~437 
 
 16. FINES AND FORFEITURES 438-444 
 
 17. FIRE 445 
 
 (a) Fire Department 445-448 
 
 (ft) Oil and Illuminating Fluids 449-456 
 
 18. FISH , 457 
 
 19. GAS COMPANIES 458-462 
 
 20. HARBOR, DOCKS AND WHARVES 463 
 
 (a) Harbor 463-466 
 
 (6) Docks 467-471 
 
 (c) Wharfinger and Wharves 472-479 
 
 (d) Harbor Board 480-485 
 
 21. HEALTH 486 
 
 (a) Nuisances 486-492 
 
 (ft) Chemical Laboratories 493 
 
 (c) Commissioners of Pharmacy and Practical Chem- 
 
 istry 494-504 
 
 (d) Seats for Female Employes in Stores or Factories. 505-506 
 
 (e) Tenement and Lodging Houses 507-508 
 
 (f) State Board of Commissioners of Practical 
 
 Plumbing 509-515 
 
 22. HOURS OF LABOR 516 
 
 23. HOUSES OF REFUGE AND REFORMATION 517-518 
 
 24. IMMIGRANTS 5 I 9~53 I 
 
 25. INSPECTIONS, WEIGHTS AND MEASURES 532 
 
 (fl) Barrels 53^-534 
 
 (ft) Coal 535-540 
 
 (c) Gas Meters 541-543 
 
 (d) Gaugers of Casks and Liquors 544-551 
 
 (e) Hay and Straw 552-570 
 
 (f) Manure 571 
 
 (g) Steam Boilers 572-589 
 
 (/O Wood Carts 590-599 
 
 26. JONES'S FALLS 600-601 
 
 27. JURORS 602-620 
 
 (a) Pay of Jurors 621 
 
 (ft) Volunteer Militia Exempt from Jury Duty 622 
 
 28. JUSTICES OF THE PEACE AND CONSTABLES 623-649 
 
 29. LANDLORD AND TENANT 650-656 
 
 30. LEGISLATIVE DISTRICTS 657 
 
 31. LICENSES 658 
 
 (a) Billiards 658-660 
 
 (ft) Horse Dealers 661-663 
 
 (c) Liquors and Intoxicating Drinks 664-691 
 
 (d) Pawnbrokers 692-693 
 
Xll 
 
 SECTIONS. 
 
 0) Merchandise Brokers 694 
 
 (0 Real Estate Brokers 695-700 
 
 (g) Duties of Sheriff 701-702 
 
 32. MARENERS AND CHARITABLE MARINE SOCIETY OF 
 
 BALTIMORE 703 
 
 33. MARKETS 704-719 
 
 34. MORTGAGES : 720-732 
 
 35. NOTARIES PUBLIC 733-734 
 
 36. OYSTERS 735 
 
 37. PARKS AND SQUARES 736-739 
 
 38. POLICE COMMISSIONERS 740 
 
 (a) Organization of Force 740-764 
 
 (b) Matrons at Station Houses 765-768 
 
 (c) Militia 769 
 
 (d) Patrol Wagons 770 
 
 0) Physicians to the Police Force 771-773 
 
 (0 Races 774 
 
 (g) Registration of Voters 775 
 
 (/O Special Fund 776-780 
 
 (*) Long Bridge 781 
 
 (;) Telegraph to House of Correction 782 
 
 (fe) Thieves and Pickpockets 783-784 
 
 (/) Personating Policemen 785 
 
 (m) New Station Houses 786-788 
 
 39. PRATT FREE LIBRARY 789-790 
 
 40. RAILROADS 791 
 
 ( a ) Safety Gates 791-792 
 
 (&) Hours of Labor 793-795 
 
 (c) Street Railway Fares 796 
 
 (<f) Park Tax 797-800 
 
 ( e) Prohibiting Tracks on Certain Streets 801 
 
 41. RECORDS 802-805 
 
 42. SABBATH 806-807 
 
 43. SCHOOLS 808 
 
 (a) Intestates' Estates 808-813 
 
 (&) Johns Hopkins University 814-815 
 
 (c) McDonogh Educational Fund and Institute 816 
 
 44. SEWERS 817-824 
 
 45. SHERIFF'S FEES 825 
 
 46. STOCKS, LOANS AND FINANCE 826 
 
 47. STREETS, BRIDGES AND HIGHWAYS 827 
 
 (a) Opening Streets 827-837 
 
 (&) North Avenue 838 
 
 (c) Bridges and Highways 839-841 
 
 48. SURVEYOR 842 
 
 49. TAXES 843 
 
Xlll 
 
 SECTIONS. 
 
 50. TENANTS FOR YEARS OR LESS, OR AT WILL 844-864 
 
 51. VAGRANTS, PAUPERS, BEGGARS, VAGABONDS AND DIS- 
 
 ORDERLY PERSONS 865-880 
 
 52. VAGRANT CHILDREN 881-884 
 
 (a) Boys' Home 885-887 
 
 (fc) Dolan Children's Aid Society 888 
 
 (c) Hebrew Orphan Asylum 889 
 
 (d) Home of the Friendless 890-894 
 
 0) Protestant Infant Asylum 895 
 
 (0 St. Vincent's Orphan Asylum 896-897 
 
 (g) Henry Watson Children's Aid Society 898-899 
 
 53. WAITRESSES IN PLACES OF PUBLIC AMUSEMENT 900-901 
 
 54. WATER 902 
 
 (a) Lake Roland, Reservoirs and Dams 902-906 
 
CHAPTER 123; 
 
 AN ACT TO REPEAL ARTICLE 4, ENTITLED 
 " CITY OF BALTIMORE," OF THE CODE OF PUB- 
 LIC LOCAL LAWS OF MARYLAND, AND THE 
 SEVERAL ACTS AND PARTS OF ACTS AMEND- 
 ATORY THEREOF, AND TO RE-ENACT SAID 
 ARTICLE 4, WITH AMENDMENTS, UNDER TWO 
 SUB-TITLES, TO- BE KNOWN AS "CHARTER" AND 
 "MISCELLANEOUS LOCAL LAWS." 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That Article 4, entitled " City of Baltimore," of the Code 
 of Public Local Laws of Maryland, and the several Acts and 
 parts of Acts amendatory thereof, be and the same are hereby 
 repealed, and the said Article 4 is hereby re-enacted, with 
 amendments, under two sub-titles to be known as " Charter " 
 and " Miscellaneous Local Laws," so as to read as follows : 
 
 ARTICLE IV. 
 
 CITY OF BALTIMORE. 
 CHARTER. 
 
 MAYOR AND CITY COUNCIL OF BALTIMORE. 
 
 Corporate Name, Power to Hold Property, Annex. 
 
 ! The inhabitants of the City of Baltimore are a corpora- 
 tion, by the name of the " Mayor and City Council of Balti- 
 more," and by that name shall have perpetual succession, may 
 sue and be sued, may purchase and hold real, personal and 
 mixed property, and dispose of the same for the benefit of 
 said City, as herein provided, and may have and use a common 
 seal, which may be altered at pleasure. 
 
 2. All of the property and franchises of every kind be- 
 longing to or in possession of the Mayor and City Council of 
 
Baltimore are vested in said corporation. The said corpora- 
 tion may receive in trust, and may control for the purposes of 
 such trust, all moneys and assets which may have been or shall 
 be bestowed upon it by will, deed or any other form of gift or 
 conveyance in trust for any general corporate purpose, or in 
 aid of the indigent poor, or for the general purposes of educa- 
 tion, or for charitable purposes of any description within the 
 said City. And the said corporation may dispose of, in the 
 manner and upon the terms in this Article provided, any prop- 
 erty belonging to it. 
 
 3 All the provisions of the Constituti9n of the State and of 
 this Article shall be applicable to the portions of Baltimore 
 County, which, under the terms and provisions of the Act of 
 1888, Chapter 98, have been annexed to the City of Baltimore. 
 All streets, avenues, or alleys lying in any portion of Balti- 
 more County, which, under the provisions of said Act of 1888, 
 Chapter 98, became a part of Baltimore City, and which 
 shall have been legally condemned as streets under the pro- 
 visions of the Acts of Assembly of Maryland relating to streets 
 in Baltimore County, shall be held to be validly constituted 
 streets of Baltimore City in all respects as if the same had been 
 legally condemned as such by the Mayor and City Council of 
 Baltimore ; and all proceedings for the laying off, opening, 
 grading and construction of streets, avenues or alleys, which 
 shall have been begun under Article 3, of the Public Local 
 Laws, title " Baltimore County," sub-title " Streets," shall be 
 proceeded with and completed under said Article and sub-title. 
 
 4 - Until the year nineteen hundred, the rate of taxation for 
 City purposes upon all landed property situated within the said 
 territory annexed to Baltimore City by^the Act of 1888, Chapter 
 98, and upon all personal property liable to taxation in said ter- 
 ritory, whether owned by persons, corporations or otherwise, 
 nnd upon which taxes would be paid to Baltimore County, if 
 said territory had riot been annexed to the said City, shall at no 
 time exceed the tax rate of Baltimore County for the year 
 eighteen hundred and eighty-seven ; and until the year nine- 
 
teen hundred there shall not be, for the purposeof City taxation, 
 any increase in the present assessment of such property as it is 
 now assessed ; and all property in the said territory which is 
 not now assessed, but which may be within the same period 
 liable to assessment, shall be assessed at the same rate as sim- 
 ilar property is now assessed in said territory ; and during the 
 .said period, up to the year nineteen hundred, the City of Balti- 
 more shall expend within said territory an amount at least equal 
 to the amount of revenue derived from taxation on the basis 
 herein set forth from the said territory, in affording to the resi- 
 dents within said territory the rights and privileges accorded 
 to and enjoyed by the residents within the other wards of said 
 City; but nothing in this section shall be so construed as to 
 require the expenditure by said City of any greater sum. From 
 and after the year nineteen hundred, the property, real and 
 personal, in the said territory so annexed shall be liable to tax- 
 ation and assessment in the same manner and form as similar 
 property within the other wards of said City may be liable; 
 provided, however, that after the year nineteen hundred, the 
 Baltimore County rate of taxation for the year eighteen hun- 
 dred and eighty-seven shall not be increased for City purposes 
 on any landed property within the said territory untH avenues, 
 streets or alleys shall have been opened and constructed 
 through the same, nor until there shall be upon every block of 
 .ground so to be formed, at least six dwelling or store hordes 
 ready for occupation. 
 
 5 - The annexation to the City of Baltimore of the territory 
 described in the Act of 1888, Chapter 98, shall not affect the 
 right of any turnpike or toll-road company heretofore chartered 
 by this State from collecting tolls upon such parts of their said 
 Toads as lie within said territory, nor shall any provision in the 
 charter of said companies which prohibits the erection of a 
 toll-gate within one mile of Baltimore City, operate to require 
 the removal of any toll-gates now located within said territory. 
 But the Mayor and City Council of Baltimore shall have the 
 power to purchase or condemn from said companies such por- 
 tions of their several turnpike roads as He within the City, or to 
 
arrange with the said companies for the removal of their turn- 
 pike gates beyond the City limits, and to appropriate such,, 
 sums of money as may be necessary to carry out these objects.. 
 
 General Powers. 
 
 6 - The Mayor and City Council of Baltimore shall have- 
 full power and authority: 
 
 Buildings, To direct in what part of the City of Baltimore- 
 buildings of wood shall not be erected. To regulate and estab- 
 lish the size of bricks that are to be used in the houses to be built 
 in the City of Baltimore. To provide for the entry into and. 
 examination of all dwellings, lots, yards, enclosures and build- 
 ings, cars, boats and vehicles of every description, to ascertain 
 their condition for health, cleanliness and safety; for the taking - 
 down and removal of buildings, walls, structures or super- 
 structures that are or may become dangerous, or to require 
 owners to remove them or put them into a safe and sound con- 
 dition at their own expense. To regulate the building and 
 maintenance of party walls, partition fences, parapet and fire 
 walls, smoke flues, fire-places, hot-air flues, boilers, kettles, 
 smoke stacks and stove-pipes. To provide for and regulate the- 
 safe construction, inspection and repairs of all private and pub- 
 lic buildings within the City ; and to compel the consumption 
 of smoke, and make such regulations as may be deemed neces- 
 sary to prevent the same from becoming deleterious or offen- 
 sive to health. To regulate, restrain or prohibit the erection of" 
 wooden or frame buildings within the present limits of the 
 City and to remove the same at the owner's expense when 
 erected or suffered to remain contrary to law or ordinance. To 
 regulate the height, construction and inspection of all new 
 buildings hereafter erected in said City ; and the alteration and 
 repairs of any buildings already erected or hereafter to be 
 erected in said City, and the ordinance regulating the construc- 
 tion and inspection of buildings in said City, passed by the City 
 Council and approved by the Mayor October 23, 1891, is 
 hereby authorized and legalized, in the same manner as if full 
 authority had been given by the General Assembly for the pas- 
 sage of the same prior to its enactment. To regulate the limits-. 
 
svithin which it shall be lawful to erect steps, porticoes, bay 
 windows or other structural ornaments to houses fronting on 
 -any of the streets, lanes or alleys of said City. 
 
 Carriages. To license and regulate all carriages and other 
 vehicles owned or used for the purpose of business or pleasure, 
 .and also all hackney coaches, carriages, carts, drays, omnibuses, 
 wagons and other vehicles, kept for hire or hired in said City; 
 ;and also to license and regulate the employment of all hackmen, 
 -draymen, wagoners, carters, porters and watermen, plying for 
 hire within the limits, and to pass all necessary and proper regu- 
 lations respecting the same ; provided, however, that all rev- 
 enue arising from said licenses shall be applied to the paving or 
 Tepaving of the public highways of the City. Every carriage, 
 coach, or other vehicle moved by horses or other animal power, 
 which shall be used for the conveyance of persons within the 
 'City of Baltimore for hire or compensation, shall be deemed a 
 'hackney carriage. To regulate the breadth of the wheels of 
 wagons, carts and drays to be used for hauling burdens on the 
 streets of said City, but such regulations shall not affect per- 
 .sons hauling produce to said City. 
 
 Chimneys. To license and regulate the sweeping of chimneys 
 :and fix the rates thereof, and to regulate the sweeping of any 
 chimney by the neglect of which the City may be endangered, 
 and to ascertain and regulate the width of those to be built in the 
 City. 
 
 Condemnation of Property. To acquire, by purchase or con- 
 demnation, any land or property, or any interest therein, which 
 it may require for school-houses, engine-houses, courthouses, 
 markets, streets, bridges and their approaches, the establish- 
 ment or enlargement of parks, squares, gardens or other public 
 places, or for any other public or municipal purpose, and may 
 provide such methods of condemnation of any land or property, 
 or interest therein, situated wholly or partly within the City of 
 Baltimore, as it may deem proper; under such procedure as 
 it may adopt, it shall provide for reasonable notice to the owner 
 -or owners, and for appeals to the Baltimore City Court, by any 
 person interested, including the Mayor and City Council of 
 
Baltimore, from the decision of any Commissioners or other 
 persons appointed to value any such land or property, or interest 
 therein. Nothing herein contained shall be construed as de- 
 priving the City of any power of condemnation for any purpose 
 already vested in it. 
 
 Fire. To establish and regulate fire wards and fire compa- 
 nies, and all matters pertaining to the prevention and extin- 
 guishment of fires. To appropriate a sum of money annually 
 for the relief of disabled and superannuated firemen, for the re- 
 lief of the widows and children of firemen who have been killed 
 in the discharge of duty, and to provide by general ordinance 
 for giving pensions to employees of the Baltimore Fire De- 
 partment who may become unable to perform further service,. 
 by reason of age, or other physical or mental disabilities. To 
 retire from office in the Fire Department any permanent or 
 called member thereof who has become permanently disabled 
 while in the actual performance of duty, or has performed 
 faithful service in the department for a period of not less than 
 twenty consecutive years, and placing the member so retired 
 upon a pension roll, the amount of annual pension to each pen- 
 sioner to be an amount equal to one-half the yearly amount 
 then being received by him, for service in said department at 
 the time of such retirement, per annum, payable in monthly 
 installments. To appropriate annually such sums of money as 
 shall be sufficient to pension all such members of the Fire De- 
 partment as shall be upon the pension roll. To regulate the 
 evil and pernicious practice of firing or discharging crackers 
 within the limits of said City, either by prohibiting sale of the 
 crackers or otherwise. To erect and provide magazines for the 
 storage of gunpowder brought to the City, and to compel the 
 storage of same therein, and to regulate the price of said stor- 
 age. To regulate the storage of naval stores and other com- 
 bustible matter in such quantities or in such places in the City 
 as may be deemed dangerous. To provide for the inspection 
 of oils or fluids made from petroleum or its products, to be used 
 for illuminating purposes, offered for sale in the City of Balti- 
 more, and for the appointment of inspectors for that purpose, 
 and to impose such fines and penalties as it may deem neces- 
 sary and proper in the premises. To fix by ordinance the 
 
standard or flashing point of oils, of fluids made from petroleum 
 or its products, used for illuminating purposes, and offered for 
 sale in said City, and to provide for the inspection of the same, 
 and for the appointment of inspectors for that purpose. 
 
 Fish. To regulate the sale or disposition of fish within the 
 limits of the City of Baltimore; to impose fines or penalties for 
 the violation of any regulation it may establish. 
 
 Fruits, Meats, Vegetables and Other Articles. To license and 
 regulate the sale of fresh fruits, meats, vegetables and all other 
 perishable articles in the City of Baltimore. 
 
 Harbor, Docks and Wharves. To provide for the preserva- 
 tion of the navigation of the Patapsco River and tributaries, in- 
 cluding the establishment of lines outside the limits of said City 
 and within four miles thereof, beyond which no pier, bulkhead 
 or wharf maybe built or extended; and for cleaning and deepen- 
 ing the harbor, docks and basin, and for regulating the station- 
 ing, anchoring and mooring of vessels, and to make such rules 
 and regulations from time to time respecting same; to make 
 surveys or charts of the basin, harbor and river Patapsco, and 
 to ascertain the depth and course of the channel of same, and if 
 necessary, affix buoys or water marks for facilitating and ren- 
 dering more safe the navigation thereof. To prohibit any per- 
 son or persons from throwing into the Patapsco River or any 
 of the branches thereof, any earth, sand or dirt, or laying out on 
 the beach or shore of said river, below common high-water 
 mark, any earth, sand or dirt, unless such earth, sand or dirt be 
 first well secured by stone walls, dove-tailed log pens, or other- 
 wise, so that no part thereof may wash into said river or the 
 branches thereof. To cause the basin and harbor, and such 
 parts thereof as it may deem proper, to be cleansed, scoured, 
 cleared and ballasted, and all obstructions in and upon the same, 
 whether from vessels sunken or any other cause, to be removed, 
 and may levy reasonable port fees on every vessel entering 
 or clearing from said port. To make such regulations as it 
 may deem proper respecting wharves and wharfage, and the 
 keeping of wharves in repair, so as to prevent their injuring the 
 harbor and basin, and for preventing vessels from casting filth 
 
8 
 
 or ballast into the same, and to prevent filth, earth or soil from 
 being thrown from the wharves or land into said basin or har- 
 bor, so as to fill up the same or obstruct the navigation thereof. 
 To impose such fines for the breach of any ordinance or ordi- 
 nances passed in conformity therewith, not exceeding one hun- 
 dred and fifty dollars. To assess, levy and collect on every 
 thousand feet of lumber floating into or arriving at the Port of 
 Baltimore and washed therein, a sum not exceeding thirty cents 
 per thousand feet, board measure (except all lumber floating 
 into or arriving at said port for the purpose of being sawed in 
 said City or its vicinity, and all timber to be used for masts, spars 
 and wharfing timber), to be appropriated and applied by the 
 Mayor and City Council of Baltimore for carrying into effect 
 the rules and regulations which it may from time to time make 
 respecting said harbor and port. To provide for the appoint- 
 ment of as many Harbor Masters, or other officers or agents as 
 may be necessary to execute the foregoing powers. To collect 
 or impose a tax, duty, toll or wharfage upon any goods, wares 
 or merchandise, or other articles, for passing the same over any 
 of the public wharves within the City of Baltimore, and ihe said 
 corporation may regulate the time during which any goods, 
 wares, merchandise or other articles may remain on said public 
 wharves, or the time which the vessels, boats or scows taking 
 in or discharging such goods, wares or merchandise shall re- 
 main at said wharves. To regulate, establish and collect such 
 rate of wharfage as it may think reasonable from all vessels 
 resorting to, lying at, depositing or transporting goods or ar- 
 ticles on any wharf belonging to the City, or any public wharf 
 in said City, other than wharves belonging to or rented by the 
 State, and that part of Pratt Street wharf reserved for the use 
 of the State. 
 
 Health. To preserve the health of the City. To prevent and 
 remove nuisances. To prevent the introduction of contagious 
 diseases within the City, and within three miles of the same upon 
 land, and within fifteen miles thereof upon the navigable waters 
 leading thereto. To regulate the places of manufacturing 
 soap and candles, the erecting of slaughter-houses and distil- 
 leries, and where every other offensive trade may be carried on. 
 To regulate the construction, care, use and management of ten- 
 
ement houses, lodging houses and cellars in the City of Balti- 
 more, for the better protection of the lives and health of the 
 inmates dwelling therein. 
 
 Hospitals. To erect or establish houses of correction, alms- 
 houses, reformatories, hospitals or pest-houses, within or with- 
 out the City, if necessary, and make all regulations for the gov- 
 ernment of the same. 
 
 Inspections. To establish and regulate inspections within the 
 City. To make the standard of weights and measures the same 
 in the City of Baltimore as in the rest of the State, and enforce 
 the same by inspection. To regulate and fix the assizing of 
 bread. To provide by ordinance for the proper inspection of 
 milk or any and all other food products offered for sale in the 
 City of Baltimore or intended for consumption therein; to make 
 and from time to time to alter such regulations in regard to the 
 sale of milk or any or all other food products as to it may seem 
 necessary to protect the public health; and to provide by fine 
 of not more than one hundred dollars for each offence, for the 
 punishment of violations against such regulations and ordi- 
 nances ; to provide for such number of inspectors or analysts as 
 it may deem necessary, and to fix their duties and compensa- 
 tion, and from time to time to change the number, duties and 
 compensation of the said inspectors and analysts. To provide 
 by ordinance for the proper inspection of all the bakeries, bake 
 shops, candy factories, confectioneries or other places for the 
 manufacture of bread, cakes, confectionery and similar food 
 products, for the purpose, more especially, of ascertaining their 
 sanitary condition and cleanliness, and for the purpose of ascer- 
 taining the purity, healthfulness and wholesomeness of the 
 flour, sugar, butter, lard and other ingredients used in making 
 such bread, cakes, confectionery and other articles of food 
 offered for sale in the City of Baltimore, or intended for con- 
 sumption therein; to make and from time to time alter such 
 regulations or ordinances in regard to the sale of said food 
 products as to it may seem necessary to protect the public 
 health, and to provide by fine of not less than twenty dollars nor 
 more than one hundred dollars for each offence for the punish- 
 ment of violations against such regulations and ordinances ; to 
 
10 
 
 provide for such number of inspectors and analysts as it may 
 deem necessary, and to fix their duties, qualifications and com- 
 pensation. 
 
 Jail. To own, regulate and control the Jail of Baltimore 
 City. 
 
 Jones's Falls. To make such improvements in connection, 
 with Jones's Falls as in its judgment are desirable, and for 
 this purpose to change the course, lines and boundaries of said 
 stream, in whole or part; to widen and deepen the same; to lay 
 out and construct on the sides and adjacent to said stream, 
 streets, avenues and wharves; to construct all such sewers. and 
 drains in said City as shall be deemed requisite in connection 
 with said improvement ; and generally to do all such things, and 
 exercise all such powers as, in its judgment, shall be necessary 
 to be done and exercised for the accomplishment of any plans 
 for the improvement of Jones's Falls which have been or may 
 be adopted by it. To have power at any time to acquire all 
 property of every kind and description which may be necessary 
 or advisable, in its judgment, to acquire, for the accomplish- 
 ment of the purposes mentioned, and shall moreover have full 
 power to provide for the ascertainment of the-value of all prop- 
 erty and rights of property which it is thus authorized to acquire,, 
 and to ascertain whether any and what amount, in value, of dam- 
 ages will be caused by the construction of the aforesaid works of 
 improvement in connection with Jones's Falls, or any of them, 
 to the owner or possessor of any property, or rights of prop- 
 erty, within the said City, for which the owner or possessor 
 ought to be compensated, and to ascertain what amount of ben- 
 efits will be caused by the construction of the aforesaid works 
 of improvement, or any of them, to the owner or possessor of 
 any property, or rights of property, for which said owner or 
 possessor ought to pay a compensation, and to provide for 
 assessing or levying, either generally on the whole assessable 
 property of the City, or especially on the property of persons 
 benefited, the whole or any part of the damages and expenses 
 which it shall be ascertained will be incurred in constructing 
 such works in connection with the improvement of Jones's 
 Falls, as it has determined or shall determine to make. To pro- 
 
11 
 
 vide for granting appeals to Baltimore City Court from the 
 decision of any Commissioners, or other persons appointed by 
 virtue of any ordinance, to ascertain the value of the property 
 which the City may wish to acquire for the purposes aforesaid, 
 or the damages which will be caused, or the benefits which will 
 accrue, by the construction of the aforesaid works of improve- 
 ment, and to secure to every owner or possessor of any property, 
 or right of property, which it may thus purpose to acquire, or 
 which may thus be decided to be damaged or benefited, the 
 right, on application within a time to be prescribed by ordi- 
 nance, to have decided by a jury trial, the true value of the 
 property proposed to be acquired for the purposes aforesaid, 
 and whether any and what damage will be caused, or any and 
 what benefits will accrue to the owner or possessor of the prop- 
 erty so assessed for damages or benefits respectively, and to 
 provide for collecting and paying over the amount of compen- 
 sation adjudged to each person entitled, or invest it in the stock 
 of the said City, for the use of the person so adjudged to be enti- 
 tled to the same, and to provide for collection, by the sale of the 
 property assessed, or otherwise, of all sums assessed as benefits 
 aforesaid, and generally to enact and pass all ordinances, from 
 time to time, which shall be deemed necessary and proper to ex- 
 ercise the powers and effect the objects for the exercise and ac- 
 complishment of which this paragraph of this section is passed. 
 To define and locate the limits of Jones's Falls within the City 
 of Baltimore, and to acquire by purchase or condemnation, 
 under proceedings for which provision is made in this Article,, 
 the absolute and exclusive right and title to all the lands and 
 rights of property embraced within the said limits, and in the 
 ground covered by all streets or avenues which it may lay out 
 and condemn on the sides of the stream, and it shall have an 
 estate in fee simple in the same. It shall have power 
 and is authorized to construct wharves or quays along 
 the margin of said stream, or use the said streets or ave- 
 nues for wharf or quay purposes, and collect tolls or 
 wharfage from all vessels or boats using the same. To make 
 such changes in the grades of the streets in the City of Balti- 
 more as shall, in its judgment, be necessary for the proper con- 
 struction of works connected with the improvement of Jones's 
 Falls, which it may determine to construct, and it shall not be 
 
12 
 
 necessary, in order to make such changes in the grades of 
 streets, to obtain the consent of any of the proprietors of the 
 ,ground fronting on said streets, or affected by such changes. 
 To make such provisions as it shall deem best for defraying the 
 cost of grading and paving of any streets or avenues which it 
 may lay out and condemn along the margin or side of Jones's 
 Falls. To issue bonds to an amount not exceeding two mil- 
 lions five hundred thousand dollars, from time to time, as the 
 same may be required in the course of the construction of the 
 works connected with the improvement of Jones's Falls, for 
 the construction of which provision is made by the ordinance 
 of the Mayor and City Council of Baltimore, entitled, "An ordi- 
 nance to provide for the improvement of Jones's Falls within 
 the limits of the City of Baltimore, and to open avenues and 
 construct sewers on the borders thereof," the said bonds to be 
 issued in sums of not less than one hundred dollars each, re- 
 deemable in thirty years, and bearing interest at 6 per cent, per 
 -annum, payable quarterly, transferable as other City bonds, as 
 provided in sections one and two of an ordinance of the Mayor 
 and City Council of Baltimore, entitled, "An ordinance to au- 
 thorize the issuing of bonds of the City of Baltimore, for the 
 purpose of providing means for the improvement of Jones's 
 Falls," approved January 31, 1870; provided, that said bonds 
 shall not be issued unless the last mentioned ordinance shall be 
 approved by the votes of a majority of the legal voters of the 
 said City, cast at the time and places provided for in the last 
 mentioned ordinance. To compel any individuals, companies 
 or bodies politic, owning property binding on Jones's Falls, 
 within the limits of the City, to wall up such property, so far 
 as the same may bind on the falls, with a good and sufficient 
 stone wall, to such height as in its judgment the public good 
 may require, and to have the same backed up or filled in with 
 earth, so as to secure the same and the adjacent property from 
 danger of being inundated with water; and whenever it may 
 deem necessary, to compel individuals, companies or bodies 
 politic, to rebuild or repair, in a good and sufficient manner, 
 any stone wall owned by them and binding on Jones's Falls 
 within the limits of the City of Baltimore ; and should any indi- 
 viduals, companies or bodies politic neglect or refuse to wall up 
 Jones's Falls, rebuild or repair any such wall within the limits of 
 
13 
 
 the City of Baltimore, when required so to do, the said City 
 may cause the same to be done, and it is authorized and empow- 
 ered to recover the cost of such wall, rebuilding or repairing,,, 
 by suit at law, from the party who may have refused or 
 neglected to build, rebuild or repair such wall; and the cost of 
 such wall shall be a lien on the property so walled up or 
 repaired. 
 
 Licenses. To license, tax and regulate all businesses, trades,. } 
 avocations or professions. To license, regulate, tax or sup- 
 press hawkers, peddlers, brokers, pawnbrokers, intelligence 
 offices, street exhibitions or fortune-tellers. 
 
 Markets. To erect, regulate, control and maintain markets- 
 and stalls within the City of Baltimore, and to regulate and con- 
 trol the sale of all goods, wares, merchandise or other articles, 
 therein. To lease, sell or dispose of any stalls or stands in any 
 market, in such manner and upon such terms as it may think 
 proper. To contract for, purchase, lease and hold to it and its 
 successors, in fee simple, or for a term of years, renewable from 
 time to time forever, any lands, tenements and their appurte- 
 nances in the vicinity of any market for the purpose of extend- 
 ing same. To condemn any land or other property or any 
 interest in land or other property for market purposes in 
 the mode provided in this Article. To levy and collect all 
 costs, damages and expenses incurred by the condemnation 
 proceedings aforesaid. The clerks of the markets shall have 
 full power and authority to seize by distress any meats, vege- 
 tables or other articles upon any stall or stand in the market- 
 houses of the City of Baltimore, if the person or persons owning 
 such stall or stand shall not pay the rent due thereon, and they 
 shall also collect all fines and forfeitures imposed by this Article 
 or ordinances relating to markets, and account for the same 
 to the Mayor and City Council of Baltimore. To levy and 
 collect all the costs, damages and expenses awarded in any con- 
 demnation proceeding provided for in this Article, for the ex- 
 tension or construction of any market or markets in the City 
 of Baltimore. 
 
 Parks. To establish, maintain, control and regulate parks 
 or squares in the City of Baltimore, for the recreation and ben- 
 
14 
 
 -efit of its citizens. The resolution of the Mayor and City Coun- 
 cil of Baltimore, appointing a Commission in relation to the 
 proposed public parks, approved June 4, 1860, and the ordi- 
 nance of the Mayor and City Council of Baltimore, to provide 
 for a public park or parks, approved June 21, 1860, are con- 
 firmed ; and all acts done, or which may hereafter be done, by 
 the said Mayor and City Council of Baltimore, or the officers of 
 said City, or the Park Commission acting under the provi- 
 sions of the said resolution and ordinance, shall have the same 
 effect as if the said Mayor and City Council of Baltimore, prior 
 to the passage of said resolution and ordinance, had been ex- 
 pressly empowered, by Act of the General Assembly, to enact 
 a resolution and ordinance in the precise terms of said resolu- 
 tion and ordinance, and to provide for carrying the same into 
 effect. All the rights, privileges and authority heretofore 
 granted, by ordinance, to the Park Commission, are hereby 
 transferred to the Board of Park Commissioners as constituted 
 in this Article. The Board of Park Commissioners be and 
 hereby is authorized and empowered, upon and immediately 
 after the execution and delivery, by the owners thereof, of the 
 deed hereinafter referred to, to the Mayor and City Council of 
 Baltimore, to assume exclusive jurisdiction and control over 
 the public highway known as Green Spring Avenue Road, ex- 
 tending from the north entrance of Druid Hill Park, through 
 parts of Baltimore City and parts of Baltimore County, to the 
 Western Run bridge in Baltimore County, with full power in 
 said Board of Park Commissioners to regulate the use of the said 
 Green Spring Avenue Road as a highway, and to prescribe the 
 hours when and the manner in which manure carts, hay wagons 
 and all or any other description of vehicles may use the same, 
 and to prescribe fines and penalties for the violation of such 
 regulations, in the same manner as it prescribes fines and 
 penalties for violations of the public park regulations. The 
 owners of said Green Spring Avenue Road are hereby author- 
 ized to grant, and the Mayor and City Council of Baltimore are 
 hereby authorized to accept from said owners, a good and suffi- 
 cient deed for the bed of said road, subject to the rights of the 
 adjacent property-holders to use the same as a highway. From 
 and immediately after the acceptance by the Mayor and City 
 Council of Baltimore, of the deed mentioned above, all obliga- 
 
15 
 
 tion and duty upon the part of either the owners of said Green 
 Spring Avenue Road or of the public authorities of Baltimore 
 County, to keep or maintain said road in repair, shall cease, 
 and from and immediately after said time, the sole obligation to 
 keep and maintain said road in repair, shall rest upon the Mayor 
 and City Council of Baltimore. The Board of Park Commis- 
 sioners, as herein provided for, shall have all the rights, powers 
 and authority as are specifically set forth in this paragraph of 
 this section and elsewhere in this Article, and all rights, powers 
 and authority are hereby granted to the Mayor and City Coun- 
 cil of Baltimore to make such other and further rules and regu- 
 lations as it may deem proper for the maintenance of all parks 
 and squares within the City of Baltimore not inconsistent with 
 this Article. 
 
 Police. To appropriate a sum of money annually for the re- 
 lief of disabled and superannuated members of the police force 
 of Baltimore City, and for the relief of widows and children of 
 policemen who may be killed in the discharge of duty. 
 
 Police Power. To pass ordinances for preserving order, and 
 securing property and persons from violence, danger and de- 
 struction, protecting the public and City property, rights and 
 privileges from waste or encroachment, and for promoting the 
 great interests and insuring the good government of the City. 
 To have and exercise within the limits of the City of Baltimore 
 all the power commonly known as the Police Power to the 
 same extent as the State has or could exercise said power within 
 said limits. But no ordinance heretofore passed, or that shall 
 hereafter be passed by the Mayor and City Council of Balti- 
 more, shall hereafter conflict or interfere with the powers or 
 exercise of the powers of the Board of Police of the City of 
 Baltimore, heretofore created, nor shall the said City, or any 
 officer or agent of the City, or of the Mayor thereof, in any 
 manner impede, obstruct, hinder or interfere with the said 
 Board of Police, or any officer, agent or servant thereof or 
 thereunder. 
 
 Peddlers. The Mayor may grant permits, upon the payment 
 of the sum of seven dollars to the Comptroller, to such number 
 
16 
 
 of poor persons as to him may seem proper, to peddle within 
 the limits of the City of Baltimore, notions and small wares 
 without a license; provided, that the stock in trade of such 
 peddler shall not exceed twenty-five dollars in value, and that 
 the said Mayor at any time may revoke any such permit. 
 
 Pumps, Fountains and Springs. To erect and regulate 
 pumps, fountains and springs in the streets, lanes and alleys of 
 the City of Baltimore. 
 
 Railroads. On application or assent, in writing, of the own- 
 ers of the major part in extent of front feet of the lots fronting 
 on each side of any street or part of street, to pass, subject to 
 the provisions and requirements of sections 37 and 85 of this 
 Article, such ordinances as shall be necessary for the construc- 
 tion of any track or railway of a steam railroad on and along 
 such street; to permit and cause such alteration in the grade 
 of such street as may be necessary for the more convenient and 
 useful construction of such railway; and may levy and assess 
 on all lots fronting on such street, or part of street, or on the 
 owners of such lots, their just proportion of the expense of such 
 construction, and enforce payment thereof; provided, notice be 
 given to such owners before said assessment is made, with the 
 right to a hearing as to the propriety of the same, and the 
 further right of a jury trial by appeal to the Baltimore City 
 Court, and the proprietor of any lot in front of which any such 
 railway shall be so constructed, and the just proportion of 
 which shall be paid by him, shall be entitled, at his own ex- 
 pense, to have a convenient siding or turn-out made, to enable 
 him to have the beneficial use of such railway. The City may, 
 whenever the public interests require, revoke the privilege 
 granted to such railroad to use said street or part of a street, 
 upon the payment to such railroad of the actual cost of con- 
 struction of said railway tracks, and upon such revocation and 
 payment aforesaid, the said railroad shall remove all of its 
 tracks from said street. To require street passenger railways 
 to provide proper fenders to their cars for the protection of 
 human life and to lessen the danger thereto arising from col- 
 lisions with such cars, and to enforce sakl requirements by 
 such fines and penalties as may be prescribed by ordinance. 
 To regulate the use of the streets by street railways. 
 
17 
 
 Schools. To establish in the City of Baltimore, in con- 
 formity with the provisions of this Article, a system of free pub- 
 lic schools, which shall include a school or schools for manual 
 or industrial training. To pass all ordinances for the protec- 
 tion of school houses and property, and to punish any person 
 that may disturb the sessions of the public schools. To levy 
 and collect, upon the assessable property in the City of Balti- 
 more as other taxes are levied and collected, such amount of 
 taxes as may be necessary to defray all expenses incurred for 
 educational purposes. 
 
 Sewers. To provide for constructing, opening, enlarging or 
 straightening, subject to the provisions herein contained as to 
 the Board of Public Improvements and Board of Estimates, 
 any sewer or drain, public or private, through any private prop- 
 erty. To pave and keep in repair, subject to the provisions 
 herein contained as to the Board of Public Improvements and 
 Board of Estimates, all necessary sewers and drains, and to 
 pass all regulations necessary for the preservation of the same 
 and to authorize any person appointed by it, or by the City 
 Engineer for that purpose, to enter upon the lands, grounds or 
 possessions of any person or body politic, through which the 
 common sewers or private sewers or drains run or may run, to 
 examine, inspect, regulate, make or repair the same. To con- 
 demn any land or interest in land in the mode provided in this 
 Article for the use of the Mayor and City Council of Baltimore 
 in the construction of any, sewers or sewerage system. To in- 
 spect and regulate house drainage and sewerage connections, 
 and to prescribe the kind and quality of material to be used for 
 such purposes. 
 
 Squares, Springs and Monuments. To establish, regulate and 
 control all squares, springs and monuments erected or con- 
 structed within the City of Baltimore, and to provide for 
 the maintenance of same. To provide by ordinance for 
 the purchase or condemnation of all that land lying in 
 the City of Baltimore between the lines of Dolphin street 
 on the north, Biddle street on the south, Jordan alley 
 on the east, and Morris alley on the west, or so much 
 thereof as may be necessary, upon a proper survey, to extend 
 
18 
 
 the line of parking known as Eutaw Square from Dolphin? 
 street to Biddle street, and the driveways on each side thereof;, 
 and to provide for assessing and levying on the whole assess- 
 able property of the said City, or on the property of persons 
 thereby benefited, the whole or any part of the damages and 
 expenses which may be incurred in acquiring said land, and in 
 locating and laying out the said line of square ; and to provide 
 for the granting of appeals to the Baltimore City Court, from 
 the decisions of the Commissioners for Opening Streets or 
 any Commissioners, or other persons, appointed by authority 
 of any ordinance to ascertain the damages which will be 
 caused or the benefits which will accrue to the owners or 
 possessors of ground, or improvements in acquiring said land, 
 and in locating, laying out and extending said square from. 
 Dolphin street to Biddle street, and for securing to every such 
 owner and possessor the right, on application within a reason- 
 able time, to have decided by a jury trial, whether any damage 
 has been caused, or any benefit has accrued to them, and to 
 what amount; and to provide for collecting and paying over the 
 amount of compensation adjudged to each person entitled, or 
 investing it in stock of said City, for the use of any such per- 
 sons who, because of their infancy, absence from the City, or 
 any other cause, may be prevented from receiving it, before any 
 part of the land lying within the said lines shall be taken. Be- 
 fore the said City , shall pass any ordinance under the above pro- 
 visions, at least sixty days' notice shall be given of any applica- 
 tion for the passage of such ordinance, in at least two daily 
 newspapers in said City; and before the Commissioners for 
 Opening Streets or any Commissioner or Commissioners ap- 
 pointed by any ordinance under the above provisions shall pro- 
 ceed to the performance of his or their duty, he or they shall 
 give notice in at least two of the daily newspapers in the City of 
 Baltimore, of the object of the ordinance under which he or 
 they propose to act, at least thirty days before the time of their 
 first meeting to execute the same. 
 
 Stocks, Loans and Finance. To levy upon the assessable 
 property within the City, and collect by tax any sum which 
 may be necessary to pay and discharge the principal and inter- 
 est of any loan which may heretofore have been obtained, or 
 
ly 
 
 which may hereafter be obtained by said *City, according to 
 law. It shall create a sinking fund to meet the liabilities 
 thus incurred, and may also levy upon the assessable prop- 
 erty of the City of Baltimore, from time to time, such sum as 
 may be necessary to provide therefor, and for the payment of 
 the principal and interest of the liabilities to be incurred under 
 this section, and may pass all ordinances necessary to carry out 
 the purpose of the same. Whenever the Commissioners of 
 Finance shall be authorized by the City to invest moneys be- 
 longing to the sinking fund of said City, in annuities or ground 
 rents, reserved out of the lands leased to the City 
 and payable by the said City, the said Commissioners 
 may purchase such rents or annuities and the reversions of 
 such lands; and the conveyances thereof taken may be made 
 to the Mayor and City Council of Baltimore, in trust for the 
 benefit and purpose of the said sinking fund; and in 
 every such case, such conveyances shall not work a 
 merger of the lease or term, but, until otherwise provided by 
 law, the rent shall continue to be payable to the City as if 
 such purchase had not been made, but shall be received and 
 applied by the Commissioners of Finance as the income of other 
 investments of the sinking fund may be applied. Whenever 
 and as often as it may be necessary hereafter to issue certifi- 
 cates of indebtedness or City stock or bonds of the City of Balti- 
 more, either for loans of the said City, already created and 
 authorized by law, but not yet negotiated and issued, 
 or for loans which may be hereafter created and 
 authorized to be issued as aforesaid, provision may 
 be made, in the discretion of the City, for the payment 
 of any taxes which the holders of said certificates or bonds may 
 be legally liable; provided, however, that the rate of interest 
 payable on said loans shall not exceed the rate of five per cenc. 
 per annum; and provided, further, that nothing herein con- 
 tained shall prevent the said City from negotiating said loans, 
 or any part thereof, already authorized by law, but not yet 
 actually issued, or which may be hereafter created and author- 
 ized by law, at a lower rate of interest than five per cent, per 
 annum, whenever it may appear to the said City practicable and 
 advisable to do so. 
 
20 
 
 Streets, Bridges and Highways. To provide for laying 
 out, opening, extending, widening, straightening or closing up, 
 in whole or in part, any street, square, lane or alley within the 
 bounds of said City, which in its opinion the public welfare or 
 convenience may require. To provide for ascertaining whether 
 any, and what amount in value, of damage will be caused 
 thereby, and what amount of benefit will thereby accrue to the 
 owner or possessor of any ground or improvements within or 
 adjacent to said City, for which said owner or possessor ought 
 to be compensated, or ought to pay a compensation, and to 
 provide for assessing or levying, either generally on the whole 
 assessable property of said City, or specially on the property of 
 persons benefited, the whole or any part of the damages and 
 expenses which it shall ascertain will be incurred in locating, 
 opening, extending, widening, straightening or closing up the 
 whole or any part of any street, square, lane or alley in said 
 City. To provide for granting appeals to the Baltimore 
 City Court, from the decisions of the Commissioners for 
 Opening Streets or any Commissioner or Commissioners, 
 or other persons appointed by virtue of any ordinance, 
 to ascertain the damage which will be caused or the benefit 
 which will accrue to the owners or possessors of ground or im- 
 provements by locating, opening, extending, widening, 
 straightening or closing up, in whole or in part, any street, 
 square, lane or alley within the said City, and for securing to 
 every such owner or possessor the right, on application within 
 a reasonable time, to have decided by a jury trial whether any 
 damage has been caused, or any benefit has accrued to them, 
 and to what amount. To provide for collecting and paying over 
 the amount of compensation adjudged to each person entitled, 
 or investing it in stock of the said City, for the use of any such 
 person who, because of infancy, absence from the City or any 
 other cause, may be prevented from receiving it, before any 
 street, square, lane or alley, in whole or in part, shall be so 
 opened, extended, widened, straightened or closed up, and to 
 enact and pass all ordinances, from time to time, which shall 
 be deemed necessary and proper to exercise the powers and 
 effect the objects above specified. To acquire the fee simple 
 interest in any land for the purpose of opening, extending, 
 widening or straightening, in whole or in part, any street, 
 
square, lane or alley in Baltimore City. To provide by ordi- 
 nance for the collection of rent or revenue, which may or can 
 be derived or collected from the occupiers, tenants, or by 
 whatever term they may be called, for the use and occupa- 
 tion by them, of all building or buildings, or other property 
 which the City pays for, to the owners thereof, in all cases of 
 street openings, straightenings, closings or widenings, or in any 
 case of condemnation for any purpose whatever, said rent to be 
 paid by said tenants or occupiers of said building or buildings, 
 or other property, to the City authorities, from the date of pay- 
 ment for the same by the City to the owners thereof, or from 
 the date of the tender of such payment, if for any cause said 
 owners refuse or cannot lawfully accept the same, until said 
 building or buildings are removed, and until said property shall 
 be required by the City for its purposes, under the condemna- 
 tion proceedings. To provide by general or special ordinance 
 for the establishment, and change from time to time, of the 
 grade lines of any street, lane or alley, or part thereof, now or 
 hereafter marked, located or laid out upon the plan of said City. 
 To provide by ordinance for grading, shelling, graveling, pav- 
 ing and curbing, or for the regrading, reshelling, regraveling, 
 repaving and recurbing of any street, lane or alley in said City, 
 or part thereof, now condemned, ceded, opened, as a public 
 highway, or which may hereafter be condemned, ceded, 
 opened, widened, straightened or altered according to the laws 
 and ordinances regulating the same; and also for assessing the 
 cost of any such work, in whole or in part, upon the property 
 binding upon such street, lane or alley, or part thereof, accord- 
 ing to such rule or basis as it may determine, and for collecting 
 said assessments as other City taxes are collected or in such 
 manner as it may prescribe, either before or after the work 
 shall have been done, provided that before the passage by 
 1 either Branch of the City Council of any ordinance requir- 
 ing the whole or any portion of the costs to be assessed 
 upon the property ten days' notice shall be given in at 
 least two of the daily newspapers in said City, and an oppor- 
 tunity shall be afforded to all persons interested therein to ap- 
 pear and be heard before some appropriate committee of the 
 Council, and it may also provide for appeals to the Baltimore 
 City Court from the decisions of the Commissioners for Open- 
 
22 
 
 ing Streets or any Commissioner or Commissioners, or other 
 person or persons appointed to determine the amount of assess- 
 ment to be made upon any property under any such ordinance; 
 and in the trial of such appeal the practice shall conform as near 
 as may be to the practice in the trials of street appeals, includ- 
 ing the right of appeal to the Court of Appeals. To provide by 
 general ordinance, subject to the provisions and requirements 
 of section 85 of this Article, for the grading, graveling, shelling, 
 paving or curbing, or for the regrading, regraveling, reshelling, 
 repaying or recurbing of any street, lane or alley, or part 
 thereof, in said City, without the passage of a special ordinance 
 in the particular case, whenever the owners of a majority of the 
 front feet of property binding on such street, lane or alley, or 
 part thereof, shall apply for the same, upon terms and under 
 conditions to be prescribed in the same general ordinance, and 
 for the assessment in any such case of the cost of such work, 
 in whole or in part, pro rata, upon all the property binding 
 upon such street, lane or alley, or part thereof, and for the col- 
 lection of such assessment as other City taxes are collected. In 
 any and all cases where any street, lane or alley, or any part 
 thereof, in the City, has been graded, paved or curbed, or re- 
 graded, repaved or recurbed, under any ordinance which pro- 
 vided for assessing the whole or any portion of the cost of such 
 improvement upon the property binding upon such street, lane 
 or alley, or part thereof, and such assessments, or any part 
 thereof, remain unpaid, it shall be lawful for the City to provide 
 by ordinance for the levy and collection in such manner as it 
 may deem proper, of a tax upon all the property binding on any 
 street, lane or alley, or part thereof, which may have been so 
 improved, to the extent that such property shall have been spe- 
 cially benefited by such improvement, provided that no prop- 
 erty upon which the assessment originally made for its share of 
 the cost of such improvement shall have been paid shall be 
 again assessed, and that reasonable notice and an opportu- 
 nity to be heard shall be given to all persons interested before 
 the final ascertainment of the amount of tax to be paid by 
 any such property, and the said City shall provide for appeals 
 to the Baltimore City Court by any person or persons inter- 
 ested, including the City itself, from the decision of the 
 Commissioners for Opening Streets or any Commissioner or 
 
23 
 
 Commissioners, or other persons appointed to determine the 
 -amount or amounts of such special taxes or assessments; and 
 in the trial of such appeals the practice shall conform as near 
 -as may be to the practice in the trial of street appeals, including 
 the right of appeal to the Court of Appeals. To pass all ordi- 
 nances necessary for grading, regulating, paving and repairing 
 the footways in the streets, lanes and alleys of the City, and 
 impose a tax on any lot fronting on any paved street, lane or 
 alley, for the purpose of grading, regulating, paving or repair- 
 ing footways in front thereof, or compel by fine or otherwise 
 the owner or proprietor of any lot to pave or repair the foot- 
 ways in front thereof, agreeably to the ordinances to be passed 
 by it. To regulate the use of streets, highways, roads, public 
 places and sidewalks by foot-passengers, animals, vehicles, cars, 
 motors and locomotives, and prevent encroachment thereon and 
 obstruction of the same. To regulate the opening of street sur- 
 face, for the purposes authorized by law or ordinance. To 
 regulate the numbering of houses, lots, streets and avenues, 
 and the naming of streets, avenues and public places. To regulate 
 the use of sidewalks for use of signs, sign-posts, awnings, awn- 
 ing-posts, horse-troughs, telegraph-posts, trolley poles, electric 
 light poles, telegraph wires, electric light wires, and for any 
 and all other purposes, and to prohibit the erection of any posts, 
 poles or wires, and to compel the removal of any posts, poles 
 or wires in, over or above any street, sidewalk or highway. To 
 clean the streets and remove the dirt and filth therefrom, and 
 to prohibit and punish by ordinance the placing of any dirt, 
 filth or other matter therein, and to protect any pavement by 
 prohibiting the travel thereon. To erect lamps in any of the 
 streets, lanes or alleys of said City, and cause the same to be 
 lighted at the expense of the City. To regulate the use of 
 -streets, lanes or alleys in said City, by railway or other tracks, 
 gas or other pipes, telegraph, telephone, electric light or other 
 wires and poles, in, under, over or upon the same, and to re- 
 quire all such wires to be placed under ground after such reas- 
 onable notice as it may prescribe. To provide a series of con- 
 duits under the streets, lanes and alleys of said City, or any 
 part or parts thereof, for the use of telephone, telegraph, electric 
 light and other wires, either by constructing said conduits itself 
 or authorizing their construction by such person or corporation, 
 
upon such terms as may be agreed upon. To appoint an Elec- 
 trical Commission, with such powers and duties as it may 
 deem proper or appropriate for carrying out the aforesaid pro- 
 visions of this section relating to conduits. To require all such 
 wires, or any part or parts thereof, and the poles carrying the 
 same, to be removed from the surface of the streets, lanes 
 or alleys of said City, or any part or parts thereof, and to 
 require such wires to be placed in such conduits, all under 
 such penalty as it may prescribe. To prescribe and establish 
 reasonable rentals to be paid by any company or person using 
 any of said conduits, by whomsoever the same may be con- 
 structed, for the use thereof, and to provide for the collection 
 of such rentals, in addition to the ordinary processes by such 
 summary methods as it may deem appropriate; provided^ 
 however, that nothing contained in this Article shall be deemed 
 or taken to modify or change, in any manner, the provisions, 
 of Ordinance Number Forty-one, of the Mayor and City 
 Council of Baltimore, approved May 9, 1889, or tne rights 
 and privileges granted thereby to the companies therein named 
 or either of them. To purchase, with the County Commis- 
 sioners of any adjoining or neighboring counties of said City,, 
 all bridges and turnpike roads, or any portions thereof, lead- 
 ing toward said City, at such times and upon such terms as it 
 and said County Commissioners on the one part, and the owner 
 of such bridges and highways on the other, may mutually 
 agree, and when so purchased all or any of them shall 
 thereafter be free public highways, and as such under 
 the care and management of said City and said County Com- 
 missioners, as they may respectively provide and stipulate as 
 between them. To exercise, in reference to opening streets and 
 alleys through Cathedral Cemetery or burial ground in said 
 City, all the rights and powers which it has, or may hereafter 
 be conferred upon it, in reference to opening streets, lanes or 
 Alleys in said City. With the County Commissioners of Anne 
 Arundel County, to cause to be erected and maintained at 
 their joint expense lamps along and on Light Street Bridge, 
 not more than seventy-five yards apart; provided that there 
 shall be at least one lamp at each end of the draw of said bridge,, 
 and the said lamps shall be attended to, cleaned, lighted at 
 
25 
 
 night and extinguished in the morning by the keeper of said 
 bridge. 
 
 Surveyor. To prescribe by ordinance the duties and com- 
 pensation of the City Surveyor. 
 
 Taxes. To levy annually upon the assessable property of 
 the City, by direct tax, with full power to provide by ordinance 
 for collection of the same, such sum of money as may be neces- 
 sary, in its judgment, for the purpose of defraying the expenses 
 of said City over and exclusive of all expenses, charges and sums 
 of money which it is, or shall be, required by law to collect for 
 other purposes subject to the provisions and limitations herein 
 contained. To levy and collect taxes upon every description of 
 property found within the corporate limits of said City, which 
 it is now authorized by law to levy taxes upon, for the purpose 
 of defraying the expenses of the municipal government, 
 whether the owners thereof reside within or without the limits 
 of said corporation; provided that no stocks, bonds, mort- 
 gages, certificates or other evidences of indebtedness of any 
 bank or other corporation situate within the limits of said City, 
 which are owned or held by persons residing without said 
 limits, shall be subject to taxation for the purpose above set 
 forth ; and provided further that no authority is given by this 
 section to impose taxes on any property which is now or may 
 hereafter be exempted from taxation by any general or special 
 Act of the General Assembly of Maryland, nor upon any prop- 
 erty which may be stored or deposited in the City of Baltimore 
 for temporary purposes. To provide by general ordinance, 
 whenever it shall seem expedient for the encouragement of the 
 growth and development of manufactures and manufacturing 
 industry in the said City, for the abatement of any or all taxes 
 levied by authority of the said Mayor and City Council of Bal- 
 timore, or by ordinance thereof, for any of the corporate uses 
 thereof, upon any mechanical tools or implements, whether 
 worked by hand or by steam, or other motive power, ma- 
 chinery, manufacturing apparatus or engines owned by any 
 individual, firm or corporation in said City, and properly sub- 
 ject to valuation and taxation therein, which said tools, imple- 
 ments, machinery, apparatus or engines shall be actually em- 
 
26 
 
 ployed and used in the business of manufacturing in said City, 
 -and it shall be the duty of the Appeal Tax Court to make such 
 abatements of taxes levied as aforesaid as may be authorized 
 and directed by said City by ordinance as aforesaid ; pro- 
 vided that such abatement shall be extended to all persons, 
 firms or corporations engaged in the branches of manufac- 
 turing industry proposed to be benefited by any ordinance 
 passed under the provisions of this paragraph of this section; 
 provided further, that application for such abatement as afore- 
 said shall be made or verified to the satisfaction of said Court 
 by the oath of the party applying for the same, or other satis- 
 factory evidence, before the annual revision and correction of 
 the tax lists in each year, which said Appeal Tax Court is by 
 law required to make, shall be completed and returned by said 
 Court to the City Collector and Board of Estimates, and not 
 afterwards; and said Court shall further keep a record of all 
 abatements made by it as aforesaid, and report in writing the 
 aggregate amount thereof during the year to the said Mayor 
 and City Council of Baltimore on or before the fifteenth day 
 of October in each year. To extend the limits of direct taxa- 
 tion within the said City, from time to time, as it shall deem 
 expedient. To have power to provide by ordinance or other- 
 wise for the prompt collection of taxes due the City, and have 
 power to sell real estate, as well as personal property, for the 
 payment of taxes. 
 
 Theatrical and other Public Amusements. To provide for 
 licensing, regulating and restraining theatrical or other public 
 amusements within the City of Baltimore. 
 
 Water. To establish, operate, maintain and control a sys- 
 tem of water supply for Baltimore City, and to pass all ordi- 
 nances necessary in the premises. From time to time to con- 
 tract for, purchase, lease and hold, in fee simple, or for a term 
 of years, any land, real estate, spring, brook, water, water- 
 course, and also the right to use and occupy, forever or for a 
 term of years, any land, real estate, spring, brook, water or 
 watercourse which it may conceive expedient and necessary for 
 the purpose of conveying water into the said City for the use of 
 the said City and for the health and convenience of the inhabit- 
 
27 
 
 ants thereof, and also the right to enter and pass through, from 
 time to time, as occasion may require, and to use and occupy 
 the said lands through which it may deem it necessary to 
 convey the said water; and it is hereby invested with all the 
 rights and powers necessary for the introduction of water into 
 said City, and to enact and pass all ordinances, from time to 
 time, which shall be deemed necessary and proper to exercise 
 the powers and effect the objects above specified. To contract 
 with individuals, firms or corporations for the use of the water 
 of said City, on such terms and for such time as it may deem 
 proper and expedient. The Mayor and City Council of Balti- 
 more, or any agent authorized by it, may agree with the owner 
 of any land, real estate, spring, brook, water or watercourse, as 
 aforesaid, earth, timber, stone or other materials which it may 
 conceive expedient or necessary to purchase and hold, for the 
 purpose of introducing water into the City of Baltimore. If 
 they cannot agree, or if there be any incapacity or disability 
 to contract with the owner of such land or real estate, spring, 
 brook, water or watercourse as aforesaid, earth, timber, stone 
 or other materials, or with the owner of such lands through 
 which the said City may find it necessary to have a right of entry 
 and passage, for the purpose of conveying the said water into 
 the said City, or if such owner should be absent, out of the State, 
 or unknown, it shall be lawful, on application of the City, for any 
 Justice of the Peace of the county in which said lands, earth or 
 other property or materials as aforesaid are situate, to issue 
 his warrant to the Sheriff of said county, commanding him to 
 summon from the said county a jury of twenty freeholders, 
 inhabitants of said county, not related to the owner or per- 
 sons interested, as aforesaid, in the said real estate or other 
 property, to meet on the premises which are to be valued, on 
 some certain day to be named in said warrant, of which said 
 warrant and the day therein named for the meeting of the 
 jury, twenty days' notice shall be given previous to such 
 day by the City to every owner or person interested, as 
 aforesaid, or if any owner be an infant or lunatic, or feme 
 covert, to his or her guardian or her husband, or in either case 
 left at his or her place of abode, or if out of the State or 
 unknown, such notice shall be published not less than eight 
 weeks successively in some one or more of the dailv news- 
 
papers of Baltimore City, and in some one or more of the news 
 papers of the county in which said property may be located, 
 if any newspapers be published in such county. From the list 
 of jurors so returned and attending, the person, the condemna- 
 tion of whose property may be desired, may strike four, and 
 the said City may strike four, so that the number of jurors be 
 reduced to twelve, and in case either party shall neglect or 
 refuse to strike off the names of jurors, then it shall be the duty 
 of the Sheriff or his deputy, who shall attend as hereinbefore 
 directed, to strike off jurors for the party so refusing or neglect- 
 ing, so that the number of jurors be reduced to twelve, as afore- 
 said. The jurors so remaining shall inquire into, assess and 
 ascertain the sum of money to be paid by the said City for the 
 land, spring, brook, water rights or other property which it 
 may deem necessary to purchase and hold or use for the pur- 
 pose aforesaid. Before the said jury act as such the said Sheriff 
 or his deputy shall administer to each of them an oath that he 
 will justly and impartially value the damages which the owners 
 or parties holding an interest therein will sustain by the use 
 and occupation of said property by the City. The said jury 
 shall reduce their inquisition to writing, and shall sign and seal 
 the same, and it shall then be returned by said Sheriff to the 
 Clerk of the Circuit Court for said county, and be filed by such 
 clerk in his office, and shall be confirmed by said court at its 
 next session, if no sufficient cause to the contrary be shown; 
 and when confirmed shall be recorded by the said clerk at 
 the expense of the City. If not confirmed, the said court 
 may direct another inquisition in the manner above described. 
 From any decision on matter of law made by said court on a 
 hearing for confirmation, an appeal may be taken to the Court 
 of Appeals; provided, that such appeal be taken within ten 
 days after such decision shall be made, and the Court of Ap- 
 peals may award costs to either party in its discretion. The 
 inquisition shall describe the property taken or the bounds of 
 the land condemned, and the quantity or duration of the inter- 
 est in "the same, valued to the City; and such valuation, when 
 paid or tendered to the owner of said property, or his legal rep- 
 resentative, shall entitle the City to the use, estate and in- 
 terest in the same thus valued, as fully as if it had been con- 
 veyed by the owner of the same; and the valuation, if not re- 
 
29 
 
 ceived when tendered, may at any time thereafter be received 
 from the City, without interest, by the said owner or his legal 
 representative. If the twenty jurors summoned as aforesaid 
 shall not appear at the time and place as aforesaid the Sheriff 
 or his deputy, as the case may be, shall forthwith summon 
 other freeholders of the county, from the bystanders or others 
 qualified as aforesaid, to make up the said jury to the num- 
 ber of twelve. The jurors so summoned and attending shall 
 be allowed the same compensation as is allowed to the jurors 
 in the Circuit Court for the county, and the Sheriff shall be 
 allowed similar fees as are allowed by law for the summoning 
 jurors to attend the Circuit Court for the county, and also a per 
 diem of two dollars for every day he or his deputy shall be in 
 attendance upon an inquisition; and such expenses shall be paid 
 by the City, except in cases of objections to the confirmation of 
 inquisitions before the Circuit Court, when the costs in said 
 Court may be awarded in the discretion of the Court. For 
 the purpose of defraying all the expenses and costs of said 
 lands, waters and water rights as shall have been taken for 
 the purposes aforesaid, and of constructing all works neces- 
 sary to the accomplishment of said purposes, and all expenses 
 incident thereto, the said City shall have authority, in the name 
 of the City, to issue certificates of debt, to be denominated 
 on the face Baltimore Water Stock, to an amount not ex- 
 ceeding five million dollars, bearing interest not exceeding 
 six per cent, per annum, and to provide by ordinance for 
 the redemption of the same at a certain time, and under 
 such provisions as the City may deem expedient and proper. 
 The said City is authorized and empowered to assess rates 
 for the supply and use of water at any point in Baltimore 
 City and County, and also to enforce payment for the use 
 of water, and other expenses incurred in the introduction of 
 water from the water mains, according to the rates established 
 by the said City, said payments to be enforced by the same 
 process that City or State taxes are collected, or they may be 
 collected by process before a Justice of the Peace, or in any of 
 the Courts of the City of Baltimore having jurisdiction in such 
 cases. The said City is authorized and empowered to appoint 
 watchmen or such police force as may be necessary for the pro- 
 tection of its water works in the City and County of Baltimore, 
 
30 
 
 and to impose fines and penalties for interference with or injury 
 to the works or their appendages. To prevent the water from 
 being obstructed or contaminated, and to prohibit all meddling 
 or tampering with the water works and their appurtenances; 
 said fines and penalties shall be enforced and collected as other 
 fines and penalties are enforced and collected by law. To issue 
 bonds or certificates of indebtedness to an amount not exceed- 
 ing one million dollars, from time to time, as the same 
 may be required, payable at such time and bearing such 
 rate of interest not exceeding five per cent, per annum, 
 as the said City shall provide by ordinance, the proceeds 
 of the said bonds or certificates of indebtedness to be applied 
 to the purpose of constructing and completing Lake Clifton, 
 as proposed to be constructed on the line of the work of the 
 introduction of the water of the Gunpowder Falls to the City 
 of Baltimore, and for the acquisition of the necessary land in 
 Baltimore County, whereon to locate one or more reservoirs, 
 and for the construction of said reservoir or reservoirs, and 
 for obtaining such pumping machinery as may be necessary in 
 connection therewith, and for procuring and laying of iron 
 pipes or mains for the purpose of distributing said water to 
 the inhabitants of said City; provided, however, that the said 
 bonds or certificates of indebtedness shall not be issued until 
 the ordinance which the City is authorized to enact for such 
 issue shall be approved by a majority of the legal voters of 
 Baltimore City, at the time and place to be appointed by said 
 ordinance in the provision for submitting the same to the legal 
 voters of said City, as required by section 7 of Article XI of 
 the Constitution of the State. Before the City shall lay any 
 water pipes along any street, road, lane or avenue in the terri- 
 tory annexed to the City of Baltimore under the provisions of 
 the Act of 1888, chapter 98, upon which the Catonsville Water 
 Company has laid its pipes and other water appliances, the said 
 City shall, if said company desires to surrender said pipes and 
 water appliances in such street, road, lane or avenue, to the 
 City, pay to the said company the fair value of its water 
 pipes and other water appliances constructed in said street, 
 lane, road or avenue, and such actual damages to the said com- 
 pany as shall be caused by the acquisition of said pipes and 
 appliances by the City; and the amount so to be paid, if the said 
 
31 
 
 company and the said City cannot agree in reference thereto, 
 shall be ascertained by a majority of a board of three arbitrators,, 
 one to be appointed by the City, and one by said company, and 
 the two arbitrators thus appointed shall appoint the third arbi- 
 trator; and if they cannot agree upon such third arbitrator the 
 latter shall be appointed by the Governor of the State ; provided, 
 whenever the Mayor and City Council of Baltimore shall ex- 
 tend its water mains for the purpose of supplying water therein 
 into the territory of Baltimore County previously occupied by 
 some other water company then supplying water to residents 
 of such locality, said Mayor and City Council of Baltimore,, 
 before it shall supply water to users in said territory, shall pur- 
 chase or condemn the water pipes and rights of said local water 
 company. To purchase all the property, rights, estates and 
 privileges of any chartered company authorized to introduce, 
 or which may hereafter be authorized to introduce, water into 
 said Citv, upon such terms as may be agreed upon by the City, 
 and such corporation or corporations, in the manner prescribed 
 in their respective charters, or in the absence of such provis- 
 ions, as shall be agreed upon by the said City and such corpo- 
 ration or corporations; and such corporation is authorized to 
 execute a conveyance to the City of all the franchises and prop- 
 erty of said corporation; and all such rights, privileges and 
 franchises shall be vested in the Mayor and City Council of 
 Baltimore, to be held, exercised and enjoyed by the said City as 
 fully in every respect as might or could have been done by any 
 such corporation or corporations under their respective char- 
 ters. 
 
 Welfare and Oilier Powers. The foregoing or other enumer- 
 ation of powers in this Article shall not be held to limit the 
 power of the Mayor and City Council of Baltimore, in addition 
 thereto to pass all ordinances not inconsistent with the provis- 
 ions of this Article or the laws of the State as may be proper 
 in executing any of the powers, either express or implied, 
 enumerated in this section and elsewhere in this Article, as 
 well as such ordinances as it may deem expedient in maintain- 
 ing the peace, good government, health and welfare of the City 
 of Baltimore; and it may provide for the enforcement of all 
 such ordinances by such penalties and imprisonments as may 
 
32 
 
 be prescribed by ordinance; but no fine shall exceed five hun- 
 dred dollars, nor imprisonment exceed twelve months for any 
 offense. 
 
 Franchises. 
 
 7 - The title of the Mayor and City Council of Baltimore, 
 in and to its water front, wharf property, land under water, 
 public landings, wharves, docks, highways, avenues, streets, 
 lanes, alleys and parks, is hereby declared to be inalienable. 
 
 8 - The Mayor and City Council of Baltimore may grant for 
 a limited time, and subject to the limitations and conditions 
 contained in this Article, specific franchises or rights in or 
 relating to any of the public property or places mentioned 
 in the preceding section; provided, that such grant is in com- 
 pliance with the requirements of this Article and that the terms 
 and conditions of the grant shall have first been authorized and 
 set forth in an ordinance duly passed by the City. Every such 
 grant shall specifically set forth and define the nature, extent 
 and duration of the franchise or right thereby granted, and no 
 franchise or right shall pass by implication under any such 
 grant; and notwithstanding any such grant the Mayor and 
 City Council of Baltimore shall at all times have and retain the 
 power and right to reasonably regulate in the public interest 
 the exercise of the franchise or right so granted; and the said 
 Mayor and City Council of Baltimore shall not have power by 
 grant or ordinance to divest itself of the right or power to so 
 regulate the exercise of such franchise or right. 
 
 9 ' No franchise or right in relation to any highway, 
 avenue, street, lane or alley, either on, above or below the 
 surface of the same, shall be granted by the Mayor and 
 City Council of Baltimore to any person or corporation for a 
 longer period than twenty-five years, but such grant may, at 
 the option of the City, provide for giving to the grantee the 
 right, on a fair re-valuation, including in such re-valuation the 
 value derived from the said franchise or right, to renewals 
 not exceeding in the aggregate twenty-five years. Such grant 
 may provide that upon the termination of the said franchise 
 or right granted by the City, the plant, as well as the prop- 
 
33 
 
 rty of the grantee situated in, above or under the highways, 
 avenues, streets, lanes or alleys aforesaid, with its appurte- 
 nances, shall thereupon be and become the property of the City, 
 without further or other compensation to the grantee; or such 
 .grant may provide that upon such determination, there shall be 
 a fair valuation of the plant and property, which shall be and 
 become the property of the City at its election, on paying the 
 grantee said valuation. If, by virtue of the grant, the plant and 
 property are to become the property of the City, without money 
 payment therefor, the City shall have the option, either to take 
 and operate the said property on its own account, or to renew 
 the said grant for not exceeding twenty-five years on a re-valu- 
 ation, or sell the same to the highest bidder at public sale. If 
 the original grant shall prescribe that the Mayor and City 
 Council of Baltimore shall at its election make payment for 
 such plant and property, such payment shall be at a fair valua- 
 tion of the same as property, excluding any value derived from 
 the franchise or right, and if the City shall make payment 
 for such plant and property, it may, in that event, operate 
 the plant and property on its own account for five years, after 
 which it may determine either to continue such operation on its 
 own account or to lease the said plant and property and the said 
 franchise or right to use the highways, avenues, streets, lanes 
 and alleys or other public property in connection therewith, 
 for limited periods, under such rules and regulations as it may 
 prescribe, or to sell the plant and property to the highest bidder 
 at public sale. Every grant of any such franchise or right shall 
 make provision, by way of forfeiture or otherwise, of the grant 
 for the purpose of compelling compliance with the terms of the 
 grant, and to secure efficiency of public service at reasonable 
 rates, and the maintenance of the property in good condition, 
 throughout the full term of the grant. The grant shall also 
 specify the mode of determining the valuations and re-valua- 
 tions which may be provided for therein. 
 
 lo - Before any grant of the franchise or right to use any 
 highway, avenue, street, lane or alley, or other public prop- 
 erty, either on, above or below the surface of the same shall be 
 made, the proposed specific grant, except as provided in the 
 proviso to Section 37 of this Article, embodied in the form of 
 
34 
 
 a brief advertisement, prepared by the Board of Estimates, at. 
 the expense of the applicant, shall be published by the Comp- 
 troller for at least three days in one daily newspaper published, 
 in Baltimore City to be designated by the Board of Estimates, 
 and all the provisions of Section 37 of this Article shall be: 
 complied with. 
 
 II - When the grant of a franchise or right is made 
 in compliance with the aforegoing sections, the Mayor 
 and City Council of Baltimore shall not part with, but shall) 
 expressly reserve the right and duty, at all times, to exercise, irt 
 the interest of the public, full municipal superintendence, regu- 
 lation and control, in respect to all matters connected with said 
 grant and not inconsistent with the terms thereof. 
 
 12 Sections 8, 9, 10 and n of this Article shall apply to 
 any renewal or extension of the grant or leasing of the property 
 to the same grantee or to others. 
 
 13 Nothing contained in this Article shall prevent the- 
 Mayor and City Council of Baltimore from disposing of any 
 building or parcel of land no longer needed for public use ; 
 provided, that such disposition shall be approved by the Finance- 
 Commissioners by their uniting in the conveyance thereof, and 
 shall be made at public sale, and be provided for by ordinance;, 
 nor to the renting for fixed and limited terms of any of its prop- 
 erty not needed for public purposes, on approval of the Com- 
 missioners of Finance. 
 
 Contracts With the City. 
 
 14 - Hereafter in contracting for any public work or the 
 purchase of any supplies or materials involving an expenditure- 
 of five hundred dollars or more tor the City, or by any of the 
 City departments, sub-departments or municipal officers not 
 embraced in a department, or special commissions or boards, 
 unless otherwise provided for in this Article, proposals for the 
 same shall be first advertised for, in two or more daily news- 
 papers published in Baltimore City, for not less than ten nor 
 more than twenty days, and the contract for doing said work 
 
35 
 
 or furnishing said supplies or materials, shall be awarded by the 
 Board provided for in the next section of this Article, and in 
 the mode and manner as therein prescribed. 
 
 15 '. All bids made to the Mayor and City Council of Balti- 
 more for supplies or work for any purpose whatever, unless 
 otherwise provided in this Article, shall be opened by a Board, 
 or a majority of them, consisting of the Mayor, who shall 
 be President of the same; the Comptroller, City Register, 
 City Solicitor, and President of the Second Branch, which 
 Board, or a majority of them, shall, after opening said bids, 
 award the contract to the lowest responsible bidder. The suc- 
 cessful bidder shall promptly execute a formal contract to be 
 approved as to its form, terms and conditions by the City Solic- 
 itor, and he shall also execute and deliver to the Mayor a good 
 and sufficient bond to be approved by the Mayor in double 
 the amount of the contract price. To all such bids there 
 shall be attached a certified check of the bidder, and the 
 bidder who has had the contract awarded to him, and who 
 fails to promptly and properly execute the required con- 
 tract and bond, shall forfeit said check. The said check shall 
 be taken and considered as liquidated damages, and not a pen- 
 alty, for failure of said bidder to execute said contract and bond. 
 Upon the execution of said contract and bond by the successful 
 bidder, the said check shall be returned to him. The amount 
 of said check shall be five hundred dollars, unless otherwise pro- 
 vided by ordinance, or an order or regulation of the depart- 
 ment for whose use the bids are made and contract entered into. 
 The checks of the unsuccessful bidders shall be returned to 
 them after opening the bids and awarding the contract to the 
 successful bidder. 
 
 MAYOR. 
 
 16 - The inhabitants of the City of Baltimore qualified to 
 vote for members of the House of Delegates shall, on the 
 Tuesday next after the first Monday in May, eighteen hundred 
 and ninety-nine, and on the same day and month in every 
 fourth year thereafter, elect by ballot a person of known in- 
 tegrity, experience and sound judgment, over twenty-five 
 years of age, a citizen of the United States, and five years a 
 
36 
 
 resident of said City next preceding the election, and assessed 
 with property in said City to the amount of two thousand dol- 
 lars, and who has paid taxes thereon for two years preceding 
 his election, to be Mayor of the City of Baltimore; but the 
 Mayor chosen at the first election under this section shall not 
 enter upon the discharge of the duties of the office until the ex- 
 piration of the term for which the present Mayor was elected; 
 unless the said office of Mayor shall become vacant by death, 
 resignation, removal from the State or other disqualification of 
 the present Mayor. 
 
 17 Prior to every municipal election, as provided for in 
 this Article, there shall be, on the first and second Mondays of 
 April, a supplementary registration of voters of Baltimore City, 
 which registration shall be under the supervision of the Super- 
 visors of Election, and conducted in conformity with the pro- 
 visions of the law then in force relating to the registration of 
 voters. On each day of said registration the registers shall 
 revise the list of registered voters made at their last regular 
 sitting, by adding the names of those persons who are entitled 
 to registration at that time, and striking from said registration 
 lists the names of those persons who have died or become dis- 
 qualified since the said last sitting, and the registration lists 
 used at the preceding November election, after being revised 
 as herein directed, shall be used at the municipal election in 
 May. 
 
 !8. In case of vacancy in the office of Mayor, by death, 
 resignation or permanent disqualification, the President of the 
 Second Branch of the City Council shall be Mayor for the resi- 
 due of the term for which said Mayor was elected. 
 
 19 In case of sickness or necessary absence of the Mayor, 
 the President of the Second Branch of the City Council shall 
 be ex officio Mayor of the City during the continuance of said 
 sickness or necessary absence. 
 
 2O. The term of the Mayor shall commence on the Tues- 
 day next after the third Monday of May succeeding his elec- 
 tion, and continue for four years, and until his successor shall 
 
37 
 
 be elected and qualified, and he shall receive a salary of six 
 thousand dollars per annum, payable monthly. He may ap- 
 point such persons to aid him in the discharge of his duties as 
 may be prescribed by ordinance. 
 
 21. The Mayor, by virtue of his office, shall have all the 
 jurisdiction and power, as a conservator of the peace, of a Jus- 
 tice of the Peace, and may call upon any officer of the City 
 entrusted with the receipt or expenditure of public money, for 
 a statement of his account as often as he may think necessary, 
 and may at any time by expert accountants and bookkeepers 
 examine the books and accounts of any department, sub- 
 department, municipal board, officer, assistant, clerk, subor- 
 dinate or employee. 
 
 22 The Mayor shall see that the ordinances and resolu- 
 tions are duly and faithfully executed, and shall report to the 
 City Council, as soon as practicable after the first day of Jan- 
 uary in each year, the general state of the City, with an accu- 
 rate account of the money received and expended, to be pub- 
 lished for the information of the citizens. He shall have gen- 
 eral supervision over all departments, sub-departments, munic- 
 ipal officers not embraced in a department and special com- 
 missioners or boards. 
 
 23 - All ordinances or resolutions duly passed by the City 
 Council, after being properly certified by the Presidents of the 
 First and Second Branches of the City Council as having been 
 so passed, shall be delivered by the Clerk of the Branch in 
 which the same originated, to the Mayor for his approval, and 
 there shall be noted on said ordinances or resolutions the date 
 of said delivery ; and, when approved by him, they shall be- 
 come ordinances or resolutions of the Mayor and City Council 
 of Baltimore. If the Mayor shall not approve of any ordi- 
 nance or resolution so passed by the City Council he shall 
 return the same with his objections in writing to the Branch 
 in which the said ordinance or resolution originated, within five 
 days of actual regular sittings of said Branch, excluding special 
 sittings called by the Mayor, occurring after such delivery of 
 said ordinance or resolution to him, which objections, upon 
 
38 
 
 receipt of the same by said Branch, shall be forthwith read to 
 such Branch and entered at large on its Journal ; and such 
 Branch shall, after five days and within ten days after such ordi- 
 nance or resolution shall have been returned to it by the Mayor, 
 proceed to reconsider and vote upon the same. If such ordi- 
 nance or resolution shall, after reconsideration, be again passed 
 by three-fourths of all the members elected to said Branch it 
 shall be forthwith sent, with the objections of the Mayor, to the 
 other Branch, and after five days and within ten days, after it is 
 so sent, it shall likewise be reconsidered and voted upon also 
 by said other Branch, and if passed by a vote of three-fourths 
 of all the members elected to said other Branch it shall be and 
 become, to all intents and purposes, an ordinance or resolution 
 of the Mayor and City Council of Baltimore. In such cases, 
 after said reconsideration, the votes on the question of the pas- 
 sage of such ordinance or resolution over the veto of the 
 Mayor shall be determined by yeas and nays, and the names 
 of the persons voting for and against the passage of said 
 ordinance or resolution over the veto of the Mayor shall 
 be entered on the respective Journals of each Branch of 
 the City Council. If any ordinance or resolution duly 
 passed by the City Council shall not be returned by the 
 Mayor to the Branch of the City Council in which the 
 same originated within five days of its actual regular sittings, 
 excluding special sittings called by the Mayor, after it shall 
 have been delivered to him, the same shall become an ordi- 
 nance or resolution of the Mayor and City Council of Balti- 
 more in the same manner as if the Mayor had approved it, 
 unless the City Council by an adjournment sine die, or 
 for a period exceeding one 'month, shall prevent its re- 
 turn. In case an ordinance or resolution duly passed by the 
 City Council shall embrace different items of appropriation, the 
 Mayor may approve the provisions thereof relating to one or 
 more items of appropriation and disapprove the others, and in 
 such case those he shall approve shall become effective and 
 those which he shall not approve shall be reconsidered in man- 
 ner and form as hereinbefore prescribed in this section, by both 
 Branches of the City Council, and shall become effective if again 
 passed over the veto of the Mayor by the vote as above pre- 
 scribed for the passage over the veto of the Mayor of entire ordi- 
 
39 
 
 -nances or resolutions. The mode and manner of procedure of 
 both Branches of the City Council and of the Mayor in the mat- 
 ter of the veto of one or more distinct items of appropriation in 
 -any ordinance or resolution shall be the same as the mode and 
 manner of procedure prescribed in this section for the passage 
 of an entire ordinance or resolution over the veto of the Mayor. 
 
 24 - The Mayor shall summon all the heads of departments 
 to a conference on municipal matters at least once in each fiscal 
 year, and oftener, if he thinks the public interests will be pro- 
 moted thereby, and every head of department shall report to 
 him, orally or in writing, as he may prefer, once in every month. 
 
 25 - The Mayor shall have the sole power of appointment of 
 -all heads of departments, heads of sub-departments, municipal 
 officers not embraced in a department and all special commis- 
 rsioners or boards, except as otherwise provided in this Article, 
 subject to confirmation by a majority vote of all the members 
 elected to the Second Branch of the City Council ; provided, 
 said Second Branch shall take action on such nomination 
 within the first three regular succeeding sittings of said Branch 
 after said nominations are sent to it by the Mayor. If the 
 
 Branch fails to take such action within said time, then the per- 
 son or persons so nominated shall be to all intents and purposes 
 -such officer or officers as if they had been confirmed by said 
 'Second Branch. If said Second Branch shall, by the required 
 vote and in the prescribed time, refuse to confirm such nomina- 
 tions, the Mayor shall, within the next three regular succeeding 
 sittings of said Branch, send to it other name or names for such 
 office or offices, and the duties of said Second Blanch and the 
 Mayor shall continue to be as above prescribed until i confirma- 
 tion is had or a failure to act for three regular succeeding sit- 
 tings by the said Second Branch occurs. The Mayor shall 
 have the power to remove at pleasure, during the first six 
 ^months of their respective terms, the heads of all departments 
 or members thereof, heads of sub-departments, or members 
 thereof, municipal officers not embraced in a department and 
 special commissions or boards, or members thereof, appointed 
 by him, but after six months the Mayor shall only remove said 
 officials for cause, after charges preferred against them, notice 
 
40 
 
 given and trial had before the Mayor. The terms of all 
 municipal officials appointed by the Mayor shall be four 
 years, unless otherwise provided for in this Article. All. 
 municipal officials who are appointed by the Mayor shall 
 be appointed in the month of September succeeding his 
 election, and enter into their respective offices on the first 
 Monday in October, immediately following their respective 
 appointments, or as soon thereafter as their appointments 
 have been confirmed, as above provided, if appointed or 
 confirmed subsequent thereto; but the Mayor first chosen 
 under this Article shall appoint said officials in the month 
 of February succeeding his election, subject to confirmation by 
 the Second Branch of the City Council, and they shall enter 
 upon their duties on the succeeding first of March, and shall 
 hold office until their successors under the provisions of this 
 Article are appointed and qualified, unless sooner removed 
 under the provisions of this Article. All municipal officials,, 
 boards and commissioners in office under the Mayor and City 
 Council of Baltimore, upon the date of the passage of this 
 Article, unless otherwise provided in this Article, shall hold 
 their respective offices under existing laws and ordinances, the 
 same as if this Article had not been passed, until their succes- 
 sors are appointed, as provided in this section, in February 
 nineteen hundred; they shall be subject to removal, as pro- 
 vided in said laws and ordinances, and all vacancies occurring 
 in said offices shall be filled as now provided for in said exist- 
 ing laws and ordinances; said municipal officials, boards and 
 commissioners shall perform the duties respectively now pre- 
 scribed by existing laws and ordinances which are not incon- 
 sistent with the provisions of this Article, and they shall also 
 perform such additional duties as may be required to be per- 
 formed by such officers in this Article. The Mayor first 
 elected under the provisions of this Article, shall organize the 
 municipal government of Baltimore City, as provided for in 
 said Article, and appoint the heads of departments, sub- 
 departments, municipal officers, boards and commissions pro- 
 vided for therein, in the month of February, nineteen hun- 
 dred, All persons appointed by the Mayor, as well as 
 those municipal officials elected by the people or by the joint 
 convention of the City Council, shall, before entering upon the 
 
41 
 
 discharge of their respective duties, qualify by taking before 
 the Mayor an oath to faithfully perform the duties of their re- 
 spective offices, and that they will support the Laws and Con- 
 stitutions of the United States and of the State of Maryland. 
 A test book shall be kept by the Mayor, which shall be signed 
 at the time of taking the oath aforesaid by said officials, and 
 after the qualification aforesaid, the Mayor shall issue to the 
 said officials a commission signed by himself with the cor- 
 porate seal attached. All vacancies occurring in any of the 
 offices which the Mayor is empowered to fill, during the re- 
 cess of the Second Branch, unless otherwise provided in this 
 Article, shall be filled by the Mayor until the next regular meet- 
 ing of the Second Branch, at which meeting the Mayor shall 
 present the name of a person for confirmation to fill said 
 vacancy, and the mode and manner of procedure in such a case 
 shall be the same as provided for in this section for other 
 appointments by the Mayor and confirmation by the Second 
 Branch. 
 
 26 No person shall at any time hold more than one office 
 yielding pecuniary compensation under the Mayor and City 
 Council of Baltimore. All municipal officials, except females, 
 shall be registered voters of the City of Baltimore. 
 
 27' All heads of departments, heads of sub-departments, 
 municipal officers not embraced in a department, or special 
 commissions or boards, provided for in this Article, shall hold 
 their offices until their successors are appointed or elected and 
 qualified. 
 
 28 - The heads of departments, heads of sub-departments, 
 municipal officers not embraced in a department, and all spe- 
 cial commissions or boards shall have the sole power of ap- 
 pointment and removal at pleasure of all deputies, assistants, 
 clerks and subordinate employees employed by them, unless 
 otherwise provided in this Article. 
 
 29> All heads of departments shall have the privilege of 
 the floor in the First Branch of the City Council at its sittings, 
 and shall be entitled to participate in the discussion of matters 
 
42 
 
 relating to their respective departments, but shall have no vote. 
 When the head of a department is a Board, or composed of 
 more than one person, the President thereof shall be entitled 
 to the privilege provided for in this section. 
 
 3O The Mayor, in appointing all heads of departments, 
 .sub-departments, boards and commissions or members of any 
 such, composed of more than one person, shall appoint a mi- 
 nority of the members of each of such bodies of persons from 
 a different political party from those forming the majority of 
 said departments, sub-departments, boards and commissions 
 or members of any such, and in ascertaining the political party 
 from which such minority representatives shall be taken, he 
 shall select from that party which cast the next highest vote at 
 the preceding election. 
 
 EXECUTIVE DEPARTMENT. 
 
 31 - The executive power of the Mayor and City Council of 
 Baltimore shall be vested in the Mayor, the departments, sub- 
 departments, municipal officers not embraced in a department 
 "herein provided for, and such special commissioners or boards 
 as may hereafter be provided for by laws, or ordinances not in- 
 consistent with this Article. All municipal officials, unless 
 otherwise provided for by laws or ordinances, shall give bond 
 to the City for the faithful discharge of their duties, to be ap- 
 proved by the Mayor, and in such penalties as may be pre- 
 scribed by laws or ordinances. The Mayor shall be the chief 
 executive officer of the City, and in addition to the following 
 administrative departments, sub-departments, and municipal 
 officers not embraced in a department, there shall be such as- 
 sistants, clerks and employes to said departments, sub-depart- 
 ments and municipal officers as may be prescribed by ordi- 
 nances not inconsistent with ihis Article not herein otherwise 
 provided for. The several heads of departments, heads of sub- 
 departments, municipal officers not embraced in a department, 
 and special commissioners or boards, shall have the power to 
 pass such rules and regulations, not inconsistent with the laws 
 or ordinances, for the government of their respective depart- 
 ments as they may deem right and proper. All heads of de- 
 
43 
 
 partments composed of Boards shall hold at least one meeting 
 every month for the purpose of consultation and advice, and 
 in order to become familiar with the business and the mode of 
 conducting the same, of the sub-departments of their respec- 
 tive departments. A record of all the proceedings and official 
 acts of heads of departments and sub-departments, municipal 
 officials and commissioners shall be kept in a well-bound book, 
 and a certified copy of said record or any part thereof under 
 the corporate seal of the City shall be admissible in evidence 
 in any Court of this State as proof of such record or part 
 thereof. 
 
 The said executive departments shall be as follows: 
 
 I. Department of Finance, 
 With the following Sub-Departments: 
 
 1. Comptroller. 
 
 2. City Register. 
 
 3. Board of Estimates. 
 
 4. Commissioners of Finance. 
 
 5. City Collector. 
 
 6. Collector of Water Rents and Licenses. 
 
 II. Department of Law, 
 Composed of 
 
 City Solicitor. 
 
 III. Department of Public Safety, 
 
 With the following Sub-Departments: 
 
 1. Board of Fire Commissioners. 
 
 2. Commissioner of Health. 
 
 3. Inspector of Buildings. 
 
 4. Commissioner of Street Cleaning. 
 
 IV. Department of Public Improvements, 
 
 With the following Sub-Departments: 
 
 1. City Engineer. 
 
 2. Water Board. 
 
 3. Harbor Board. 
 
 4. Inspector of Buildings. 
 
44 
 
 V. Department of Parks and Squares, 
 Composed of 
 
 Board of Park Commissioners. 
 
 VI. Department of Education, 
 Composed of 
 
 Board of School Commissioners. 
 
 VII. Department of Charities and Corrections, 
 
 With the following Sub-Departments: 
 
 1. Supervisors of City Charities. 
 
 2. Visitors to the Jail. 
 
 VIII. Department of Review and Assessment, 
 With the following Sub-Departments; 
 
 1. Appeal Tax Court. 
 
 2. Commissioners for Opening Streets. 
 
 IX. Division Embracing Municipal Officers Not Included in Any 
 
 Department. 
 
 1. City Librarian. 
 
 2. Art Commission. 
 
 3. Superintendent of Lamps and Lighting. 
 
 4. Surveyor. 
 
 5. Constables. 
 
 6. Superintendent of Public Buildings. 
 
 7. Public Printer. 
 
 Department of Finance. 
 
 32 There shall be a Department of Finance of the Mayor 
 and City Council of Baltimore, which shall consist of the 
 Comptroller, City Register, Board of Estimates, Commis- 
 sioners of Finance, City Collector and Collector of Water 
 Rents and Licenses. The head of said Department shall con- 
 sist of a Board of Finance composed of the Comptroller, City 
 Register, President of the Board, of Estimates, President of 
 the Commissioners of Finance, City Collector and Collector of 
 
45 
 
 Water Rents and Licenses. This Board shall be for consulta- 
 tion and advice, and it shall have no power to direct or con- 
 trol the duties or the work of any sub-department. It shall 
 perform such other duties as may be prescribed by ordinances 
 not inconsistent with this Article. The Comptroller shall be 
 the President of said Board. The fiscal year of the Mayor and 
 City Council of Baltimore shall begin on the first day of Jan- 
 uary and end on the thirty-first day of December in every year. 
 
 33 The Comptroller shall be elected by the inhabitants of 
 the City of Baltimore qualified to vote for Mayor on the Tues- 
 day next after the first Monday in May, in the year eighteen 
 hundred and ninety-nine, and on the same day and month in 
 every fourth year thereafter. He shall be a person possessing 
 the same qualifications as herein prescribed for Mayor. The 
 term of the Comptroller shall commence on the Tuesday next 
 after the third Monday in May, in the year eighteen hundred 
 and ninety-nine, and continue for four years, and until his 
 successor is elected and qualified, and he shall receive a salary 
 of three thousand five hundred dollars per annum, payable 
 monthly. 
 
 34 - The Comptroller shall be the head of the first sub- 
 department of Finance, and he shall appoint a Deputy Comp- 
 troller and such clerks as may be provided for by ordinance, in- 
 cluding one to be known as the Audit Clerk, and another for 
 the collection of harbor and wharf rents, to be known as Har- 
 bor Master, with such assistants to him as may be provided for 
 by ordinance, and another for the collection of fees for the in- 
 spection of weights and measures, to be known as the Inspector 
 of Weights and Measures, with such assistants to him as 
 may be provided for by ordinance, and another to be known as 
 Market Master, with such assistants to him as may be provided 
 by ordinance. The salary of such Deputy, assistants and 
 clerks shall be fixed by ordinances. All of such appointees 
 shall be subject to the written approval of the Mayor. The 
 Comptroller shall have general supervision over the financial 
 matters of the City, and shall have oversight of all sub-depart- 
 ments in this department. No claim, account or demand 
 against the City of any kind whatsoever shall be paid unless 
 first audited and approved by the Comptroller. All moneys 
 
46 
 
 collected for the use of the City by any municipal official, 
 unless otherwise provided in this Article, shall be turned over 
 to the Comptroller and by him deposited with the City Reg- 
 ister. He shall perform such other duties as may be pre- 
 scribed by ordinances, not inconsistent with this Article. In 
 case of the temporary absence or disqualification of the Comp- 
 troller, or a vacancy occurring in said office from any cause, 
 the Deputy Comptroller shall, during such absence or dis- 
 qualification or vacancy from any cause, act as Comptroller. 
 The Second Branch of the City Council, by a majority vote of 
 all the members elected to said Branch, may remove the 
 Comptroller from office for incompetency, wilful neglect of 
 duty or misdemeanor in office, upon charges preferred by the 
 Mayor, and after notice of such charges is given to the Comp- 
 troller and an opportunity afforded him to be heard by said 
 Branch. 
 
 35 The City Register shall be the head of the second sub- 
 department of Finance, and he shall be the register of the public 
 debt, and also the custodian of all moneys belonging to the 
 Mayor and City Council of Baltimore. He shall be appointed 
 by a joint convention of the two Branches of the City Council 
 on the Tuesday next after the fourth Monday of May, in the 
 year eighteen hundred and ninety-nine, and o'n the same day 
 and month in every fourth year thereafter. His salary shall be 
 three thousand and three hundred dollars per annum, payable 
 monthly, in addition to three hundred dollars for services ren- 
 dered the State, as provided for in section 93 of Article 81, 
 Code of Public General Laws. He shall be removable at the 
 pleasure of the convention of the said two Branches. The City 
 Register shall take under his charge and keeping the corporate 
 seal of the City, and use it in all cases which are now or may be 
 hereafter required by Federal or State laws, ordinances, or the 
 uses and customs of nations, and shall charge a fee of two 
 dollars for each impression of the seal except such as shall be 
 affixed to or impressed upon documents for the Mayor and 
 City Council or used in connection with the affairs of the City. 
 He shall pay to the Comptroller, for the use of the Mayor and 
 City Council of Baltimore, all fees so received by him. He 
 shall have power to appoint a Deputy Register, with a salary 
 
47 
 
 of eighteen hundred dollars per annum, payable monthly, and 
 such other clerical assistants as may be prescribed by ordi- 
 nance not inconsistent with this Article. In case of a vacancy 
 occurring in the office of City Register by removal or other- 
 wise, the joint convention of the two Branches of the City 
 Council shall forthwith fill said vacancy. He shall perform 
 such other duties as may be prescribed by ordinance not in- 
 consistent with this Article; provided, the present incumbent 
 of the office of City Register shall hold his office until the ex- 
 piration of his term, as now provided under existing laws and 
 ordinances, and should a vacancy occur in said office, a suc- 
 cessor shall be appointed by a joint convention of the City 
 Council for the balance of said term. 
 
 36 - The Board of Estimates shall be the head of the third 
 sub-department of Finance, and shall consist of the Mayor, City 
 Solicitor, Comptroller, President of the Second Branch City 
 Council and President of the Board of Public Improvements. 
 The first meeting of said Board in every year shall be called by 
 notice from the Mayor or President of the Second Branch of the 
 City Council, personally served upon members of the said 
 Board. Subsequent meetings shall be called as the said Board 
 may direct. The President of the Second Branch shall be 
 President of said Board, and one of the number shall act as 
 Secretary, and said Board may employ such clerks as may be 
 necessary to discharge its duties, their number and compen- 
 sation shall be fixed by ordinance. The said Board shall have 
 power at any time to summon before it the heads of the depart- 
 ments and sub-departments, and all municipal officers and 
 special commissions or boards. The said Board shall annually, 
 between the first day of October and the first day of November, 
 meet, and by an affirmative vote of a majority of all the mem- 
 bers make out the following three lists of moneys to be appro- 
 priated by the City Council for the next ensuing fiscal year. 
 
 First A list, to be known as the "Departmental Estimates," 
 of the amounts estimated to be required to pay the expenses of 
 conducting the public business for the next ensuing fiscal year, 
 including the expenditures by the City Council for the salaries 
 of its members, officers and expenses; said list shall be pre- 
 pared in such detail, as to the aggregate sum and the items 
 
48 
 
 thereof allowed to the two Branches of the City Council, each 
 department, sub-department, municipal officer not embraced in 
 a department and special commissions or boards, as the said 
 Board shall deem advisable. In order to enable said Board to 
 make such list, the Presidents of the two Branches of the City 
 Council, the heads of departments, heads of sub-departments, 
 municipal officers not embraced in a department, and special 
 commissions or boards, shall, at least thirty days before the 
 said list is hereby required to be made, send to the said Board, 
 in writing, estimates of the amounts needed for the conduct, 
 respectively, of the City Council, departments, sub-depart- 
 ments, municipal offices not embraced in a department, com- 
 missions or boards for the next ensuing fiscal year. Such esti- 
 mates shall be verified by the oath or affirmation of the per- 
 sons making; them; and a wilfully false statement made in a 
 material matter contained in said estimates so made to said 
 Board shall be perjury. The said estimates shall specify, in 
 detail, the objects thereof, and the items required for the ex- 
 penses of the City Council, and the respective departments, 
 sub-departments, municipal offices not embraced in a depart- 
 ment, and special commissions or boards, as aforesaid, in- 
 cluding a statement of each of the salaries of the members of 
 the City Council and its officers and clerks, and the salaries 
 of the deputies, assistants, clerks, employees and subordinates 
 in each department, sub-department, municipal office or spe- 
 cial commission or board. 
 
 Second A list containing all amounts to be appropriated by 
 the City Council for new improvements to be constructed by any 
 department of the City during the next ensuing fiscal year, 
 said list to be known as the "Estimates for New Improve- 
 ments." Heads of departments, heads of sub-departments, 
 municipal officers not embraced in a department, and special 
 commissions or boards shall, in writing, thirty days before the 
 time required to make such list by said Board, file with said 
 Board their recommendations as to the amounts which they 
 may consider will be needed in their respective departments 
 for new improvements during the next ensuing fiscal year. 
 
 Third A list containing all amounts which by previous 
 laws, ordinances or contracts are required to be annually ap- 
 propriated to charities, educational, benevolent or reformatory 
 
49 
 
 institutions by the City, as well as all other sums, if any, which 
 may be required by laws or ordinances to be appropriated for 
 other purposes, not embraced in the preceding lists. This list 
 shall be known as the "Estimates for Annual Appropriations." 
 The purpose and object of this provision is, that said three lists 
 shall embrace all moneys to be expended for the next ensuing 
 fiscal year for all purposes, by the City. After said three lists 
 have been prepared, the Board of Estimates shall cause to be 
 prepared a draft of an ordinance, to be submitted to the City 
 Council, providing appropriations sufficient to meet the 
 amounts called for by said three lists; and the said Board shall 
 cause a copy of said proposed ordinance, certified by the signa- 
 tures of a majority of them, to be forthwith published in two 
 daily newspapers in Baltimore City, for two successive days, 
 and shall, immediately after said publication, transmit a copy 
 of the draft of the said proposed ordinance to the President of 
 each Branch of the City Council, whereupon a special meeting 
 of the City Council shall be forthwith called by the Mayor, 
 to consider such proposed ordinance. It shall be the duty of 
 the two Branches of the City Council, when so assembled, to 
 consider and investigate the estimates contained in said pro- 
 posed ordinance, and to hold daily sessions for its consid- 
 eration until said ordinance is passed. The two Branches 
 of the City Council, by a majority vote of all the mem- 
 bers elected to each Branch, may reduce the said amounts 
 fixed by the said Board in said proposed ordinance, except 
 such items thereof as are now or may hereafter be fixed by law, 
 and except such items as may be inserted by said Board to pay 
 State taxes, and to pay the interest and principal of the muni- 
 cipal debt. The City Council shall not have the power to in- 
 crease the amounts fixed by the Board, nor insert any new 
 items in the proposed ordinance. When said proposed ordi- 
 nance, embracing said estimates, shall have been duly passed by 
 both Branches of the City Council and approved by the Mayor, 
 it shall be known as the "Ordinance of Estimates for the Year 
 ," and said several sums shall be and become appropri- 
 ated, after the beginning of the next ensuing fiscal year, for the 
 several purposes therein named, to be used by the City Council, 
 departments, sub-departments, municipal officers not embraced 
 in - department, and special commissions or boards therein 
 
50 
 
 named, and for no other purpose or uses whatever. The 
 City Council shall not have the power, by any other or 
 subsequent ordinance or resolution, to enlarge any item con- 
 tained in said ordinance after the same is duly passed. Nor 
 shall the City Council, by any subsequent ordinance or other- 
 wise, appropriate any sums of money to be used for the 
 next ensuing fiscal year, for any of the purposes embraced in 
 said ordinance of estimates. No appropriation provided 
 for in said ordinance shall be diverted or used under any cir- 
 cumstances, for any other purpose than that named in said ordi- 
 nance, nor shall the Comptroller draw any warrant for any of 
 the items in said ordinance of estimates, unless he has received 
 said amounts, and they are actually to the credit of the City 
 Council and such department, sub-department, officers, com- 
 missions or boards. No temporary loan shall be authorized 
 or made to pay any deficiency arising from a failure to realize 
 sufficient income from revenue and taxation to meet the 
 amounts provided for in said ordinance of estimates, but the 
 City may temporarily borrow money for its use in anticipation 
 of the receipts of taxes levied for any year. In case of a,ny 
 such deficiency, there shall be a pro rata abatement of all ap- 
 propriations, except those for the payment of State taxes and 
 the principal and interest of the City debt, and such amounts 
 as are fixed by law and contained in said ordinance, and in case 
 of any surplus arising in any fiscal year, by reason of an excess 
 of income received from the estimated revenue over the ex- 
 penditures for such year, the said surplus shall be passed to the 
 Commissioners of Finance to be credited to the general sink- 
 ing fund. Until the organization of the said Board of Esti- 
 mates by the Mayor first elected under the provisions of this 
 Article, as provided in section 25 of said Article, the Mayor, 
 Comptroller, City Register and City Solicitor shall compose a 
 Board to perform all the duties required of the Board of Esti- 
 mates by the provisions of this Article. 
 
 317 Before any grant shall be made by the Mayor and City 
 Council of Baltimore, of the franchise or right to use any 
 street, avenue, alley, or highway, or the grant of the franchise 
 or right for the use of any public property mentioned in Sec- 
 tion 7 of this Article, the proposed specific grant, with the 
 
51 
 
 exceptions hereafter in this Section made, shall be embodied 
 in the form of an ordinance, with all the terms and conditions 
 required by the provisions of this Article, and such others as 
 may be right and proper, including a provision as to the rates, 
 fares, and charges, if the grant provides for the charging of 
 rates, fares and charges, and a provision that the franchise or 
 right shall be executed and enjoyed six months after the grant. 
 The said ordinance shall, after having been introduced in 
 either Branch of the City Council, and after the first reading, 
 be referred forthwith by the Branch in which the same is 
 offered to the Board of Estimates. The said Board shall make 
 diligent inquiry as to the money value of said franchise or right 
 proposed to be granted, and the adequacy of the proposed com- 
 pensation to be paid therefor to the City as offered in the ordi- 
 nance already introduced, and the propriety of the terms and 
 conditions of said ordinance, and said Board is empowered to 
 increase the compensation to be paid therefor to the City, and 
 alter the terms and conditions of said ordinance, provided such 
 alterations are not inconsistent with the requirement and pro- 
 visions of this Article, and it shall be the duty of said Board 
 to fix in said ordinance the said compensation at the largest 
 .amount it may be able by advertisement or otherwise to obtain 
 for said franchise or right, and no grant thereof by the City 
 Council shall be made except for the compensation and on the 
 terms approved by a vote or resolution of the said Board, 
 entered on the minutes or records of such Board, and attached 
 to said ordinance, with the signatures of a majority of said 
 Board signed to the same. The provisions of this Section shall 
 apply to the renewal or extension of any franchise or right 
 relating to the use of any of the public property mentioned in 
 Section 7 of this Article now existing, or which may hereafter 
 IDC granted to any person or body corporate. Provided, that 
 the right to use the streets, avenues, alleys, or other public 
 property, by any person or body corporate for bow or bay 
 windows, hitching posts, area-ways, steps, planting of trees, 
 storm doors, drains and drain pipes, stands or other such tem- 
 porary or similar uses, may be granted by the Board of Esti- 
 mates for such an amount of money and upon such terms and 
 conditions, as the said Board may consider right and proper. 
 Before, said Board shall grant any such right, the person or 
 
52 
 
 body corporate seeking the same shall file before said Board in* 
 writing an application for such use, and in said application the 
 use desired shall be stated, and what the applicant is willing to 
 pay for the same must be given, and such person or body cor- 
 porate shall only enjoy such use on the payment of the amount 
 of money named by said Board, and on the terms and condi- 
 tions, said Board shall prescribe in writing, and no ordinance 
 or advertisement shall be necessary or made in such cases as 
 are named in the proviso of this Section. Provided, however, 
 that copies of said applications be served upon the adjoining 
 property owners by said applicant before filing said application 
 before said Board. 
 
 38. There shall be included annually in the ordinance of 
 estimates the sum of fifty thousand dollars to be used as a con- 
 tingent fund by the Board of Estimates, in case of an emer- 
 gency or necessity for the expenditure of money above the 
 appropriations regularly passed for any department, sub-de- 
 partment, municipal officer not embraced in a department, or 
 special commission or board, in the interval between the annua) 
 appropriations as herein provided for. As soon as practicable 
 after the expenditure of any part of said contingent fund, the 
 said Board shall report to the City Council all the circum- 
 stances attending said expenditure, and the necessity for the 
 same, and the reasons assigned by the department, sub- 
 department, municipal officer not embraced in a depart- 
 ment, or special commission or board, applying for and 
 receiving the same. The City Council shall not have the power 
 to increase or decrease, or strike out, said amount from the- 
 said ordinance of estimates; 
 
 39. The Mayor and City Council of Baltimore shall appro- 
 priate no money out of the Treasury of the City for the payment 
 of any private claim against the City, unless such claim shall 
 have first been presented to the Board of Estimates, together 
 with the proofs upon which the same is founded, and reported 
 favorably by said Board. 
 
 40. The Board of Estimates shall, on the first day of Oc- 
 tober, or as soon thereafter as practicable, in the year eighteen- 
 
53 
 
 ^hundred and ninety-eight and in each succeeding year, pro- 
 cure from the proper municipal department and shall send, 
 with the said ordinance of estimates, to both Branches of the 
 -City Council, a report showing the taxable basis for the next 
 ensuing fiscal year, and the amount which can reasonably be 
 expected to be realized by taxation for said year. The report 
 shall contain an aggregate statement of all the moneys to be 
 expended during the next ensuing fiscal year by the City, as 
 set forth in said ordinance of estimates, as well as of any other 
 :sums, if such there be, which the City may be required to ex- 
 pend during the said year for any purpose or purposes not in- 
 
 eluded in the ordinance of estimates, and it shall also state the 
 :total income which can reasonably be expected to be received 
 by the City for the next ensuing fiscal year, from licenses, fees, 
 rents and all other charges, including the amount believed to 
 be collectible from taxes in arrears. The report shall show the 
 -difference between such anticipated expenditures and receipts 
 of the City, and shall state a rate for the levy of taxes sufficient 
 to realize the amount required to meet the said difference. In 
 the ordinance making the annual levy of taxes, which ordi- 
 nance shall be passed by the Mayor and City Council of Balti- 
 more in the month of November in each year, and as soon as 
 
 -practicable after the passage of the ordinance of estimates, the 
 Mayor and City Council of Baltimore shall fix a rate of taxa- 
 tion not less than the rate stated in the aforesaid report; so that 
 it shall not be necessary at any time for the City, its officers or 
 
 agents, to create a floating debt to meet any deficiency, and it 
 shall not be lawful for the City, its officers or agents, to create 
 
 a floating debt for any such purpose. The taxes levied under 
 said ordinance in the month of November in each year shall 
 
 'be the taxes to be collected for the fiscal year next ensuing after 
 the said month of November, and may be paid to the City Col- 
 lector on or after the first day of January next ensuing said 
 levy. The taxes included in said levy on real estate or chattels 
 real shall be in arrears on the first day of July next ensuing the 
 date of their levy, and the taxes included in said levy on all 
 forms of personal property shall be in arrears on the first day of 
 May next ensuing the date of their levy, and the taxes on both 
 forms of said property after they become in arrears as aforesaid 
 shall bear interest at the rate of six per centum per annum. 
 
54 
 
 41 - The Commissioners of Finance shall be the head of the 
 fourth sub-department of Finance, and shall be a Board com- 
 posed of the Mayor, Comptroller, Register and two persons 
 appointed by the Mayor in the mode prescribed in section 25 
 of this Article, and who shall hold their offices as therein pro- 
 vided. Both of said two last-named persons shall serve with- 
 out pay. The Mayor and Register shall sign all obligations of 
 the City and all City stock. One of the persons appointed by the 
 Mayor as aforesaid, and so designated, shall be President of said 
 Board. The Deputy Register shall act as clerk to said Board 
 and keep the accounts and a record of proceedings of said 
 Board, and for which service, in addition to the salary of said 
 Deputy Register herein provided, he shall be paid a salary of 
 five hundred dollars per annum, payable monthly. This Board 
 shall select the depository banks for City funds. It shall au- 
 thorize all temporary loans to be made not inconsistent with 
 this Article. It shall have charge, control and custody of all 
 sinking funds of the Mayor and City Council of Baltimore,, 
 and shall perform such other duties as shall be prescribed by 
 ordinances not inconsistent with this Article. 
 
 42. The City Collector shall be the head of the fifth sub-de- 
 partment of Finance,and shall be appointed by the Mayor in the 
 mode prescribed in section 25 of this Article, and hold his office 
 as therein provided. He shall be paid for his services in col- 
 lecting City taxes the salary of two thousand dollars per annum,, 
 payable monthly. He shall be the collector of all taxes and as- 
 sessments on real property levied or made by the City. He 
 shall in October in the year eighteen hundred and ninety-eight 
 and in each year thereafter, immediately upon the receipt of 
 the statement from the Appeal Tax Court showing the tax- 
 able basis for the next ensuing fiscal year, as provided for in 
 section 171 of this Article, begin the preparation of the tax bills 
 on said basis, and after the levy of taxes has been made he shall 
 complete said bills and have them ready for payment by the 
 taxpayers on the first day of January next ensuing said levy, or 
 as soon thereafter as practicable. He shall have such assist- 
 ants, clerks and bailiffs as may be fixed by ordinances, and who- 
 shall perform such duties as shall be prescribed by ordinances 
 not inconsistent with this Article. 
 
55 
 
 43. Whenever it shall become necessary to sell any part or 
 parcel of ground in the City of Baltimore, improved or unim- 
 proved, for the payment of any taxes or assessment, of any 
 nature or kind whatever, levied or charged, the City Collector 
 shall first give notice by advertisement published, once a week 
 for four successive weeks in two of the daily newspapers pub- 
 lished in said City, one of which shall be in the German lan- 
 guage, that he will sell said property at public auction on the 
 day in the said advertisement mentioned; said notice shall 
 state the name of the person, when kndwn, to whom such parcel 
 of ground is assessed, the amount of taxes due on the same, and 
 what improvements, if any, are on said parcel of ground, and 
 to properly describe said property the City Surveyor shall 
 actually survey and furnish to the City Collector a description 
 and plat of each lot so in arrear and the sum to be paid for each 
 survey, including the description and plat, shall be three dollars 
 and fifty cents, said sum to be added to the tax bill and col- 
 lected in the same manner as the bill itself. The Collector 
 shall, before advertising said property for sale, give to the 
 person or persons so in arrears, or to one of them if more than 
 one, or leave at his or her or their residence or last known 
 residence of one of them, and if no such residence be known 
 there shall be left upon the premises so to be sold for taxes, a 
 statement of his or her or their indebtedness, and not less than 
 thirty days' notice of his (said Collector's) intention if the bill 
 is not paid to enforce the payment thereof by distraint or exe- 
 cution. 
 
 44 The City Collector shall require the purchaser of such 
 property on the day of sale, or the day next succeeding, to pay 
 on account of said purchase the amount assessed or taxed on 
 the lot so sold, together with all costs and charges, and no more, 
 and the residue of the purchase money shall remain on a credit 
 of one year and a day. 
 
 45 If the property so sold shall not be redeemed at the ex- 
 piration of a year and a day from the day of sale, the City Col- 
 lector shall, when required, and on payment of the full amount 
 of the purchase money, execute a deed for the same to the pur- 
 chaser, and the balance of the purchase money so received by 
 him shall be paid to the City Register. 
 
56 
 
 46 - If it shall appear that the owner of the said lot or parcel 
 of ground prior to the execution of the deed for the same by the 
 City Collector, cannot, after reasonable effort, be found, or if 
 said owner shall refuse to receive said balance of money, then in 
 either case the City Register shall invest the same for the ben- 
 efit of such owner in any public debt of the State of Maryland 
 or Mayor and City Council of Baltimore, and shall safely keep 
 the same, and from time to time collect the interest due there- 
 on, and invest for the benefit of such owner the interest from 
 time to time in the said stock. 
 
 4>7 ' When any lot or parcel of ground in the said City shall 
 be sold by reason of the non-payment of the tax or assessment 
 due thereon, the owner or other persons having an estate or in- 
 terest therein shall have power to redeem the same at any time 
 within one year and a day from the day of sale, on paying or 
 tendering in payment to the City Collector the whole amount 
 of money received by such City Collector from the sale of the 
 lot or parcel of ground to be redeemed, and a further sum 
 of one-half per cent, per month interest from the time of sale 
 to the time of such tender; and the sums so paid shall be by 
 the City Collector delivered or tendered to the purchaser, 
 whose right in the property so purchased shall thenceforth 
 cease and determine. 
 
 48 - In all cases where lands held in fee simple or by lease 
 have been sold, or shall be sold for payment of taxes in arrears, 
 according to the provisions of existing laws, it shall be the duty 
 of the City Collector to report the said sale, together with 
 all the proceedings had in relation thereto to the Circuit Court 
 of said City. The court to which such report shall be made 
 shall examine the said proceedings, and if the same appear to 
 be regular, and the provisions of law in relation thereto have 
 been complied with, shall order notice to be given by advertise- 
 ment published in such newspapers as the court shall direct, 
 warning all persons interested in the property sold to be and 
 appear by a certain day in the said notice to be named, to show 
 cause, if any they have, why said sale should not be ratified and 
 confirmed; and if no cause or an insufficient cause be shown 
 against the said ratification, the said sale shall, by order of said 
 
57 
 
 court, be ratified and confirmed, and the purchaser shall, on 
 payment of the purchase money, have a good title to the prop- 
 erty sold; but if good cause, in the judgment of the said court, 
 be shown in the premises, the said sale shall be set aside; in 
 which case the said City Collector shall proceed to a new sale^ 
 of the property and bring the proceeds into court, out of which 
 the purchaser shall be repaid the purchase money paid by him 
 to the City Collector on said rejected sale, and all taxes assessed 
 on said real estate and paid by said purchaser since said sale, 
 and all costs and expenses properly incurred in the said court, 
 with interest on all such sums from the time of payment; and if 
 the purchaser has not paid the purchase money or the subse- 
 quent taxes, to apply said proceeds to the payment of the taxes 
 for which said real property may have been sold, and all subse- 
 quent taxes thereon then in arrears, with interest on the same, 
 according to law, and the costs of the proceedings; but such 
 sale shall not be set aside if the provisions of the law shall ap- 
 pear to have been substantially complied with ; and the burden 
 of proof shall be on the exceptant to show the same to be in- 
 valid under the law. 
 
 49. Whenever the City Collector shall have distrained or 
 levied upon any goods or chattels in said City for non-payment 
 of any taxes, State or municipal, due by the owner thereof, be- 
 fore making sale of the property so distrained or levied upon, 
 said City Collector shall give notice by advertisement published 
 twice a week for one week prior to the day of sale, and also on 
 the day of sale, in three of the daily newspapers published in 
 said City, one of which shall be in the German language, that 
 he will sell for cash, at public auction, to the highest bidder, on 
 the day and at the time and place mentioned in said advertise- 
 ment, the property therein specified, unless on or before the day 
 of sale the entire amount of taxes for which such distraint or 
 le.vy shall have been made, with the interest thereon, and costs 
 of making said levy and advertisement, shall be paid. 
 
 5 - Every City Collector who shall sell any goods or chat- 
 tels levied or distrained upon for taxes, State or municipal, in 
 Baltimore City, after due advertisement, as required in the pre- 
 ceding section, shall retain out of the proceeds of sale the amount 
 
58 
 
 of taxes due from the delinquent, for which such levy or dis- 
 traint shall have been made, with the interest thereon, and all 
 costs incurred in making said sale, and shall pay over the sur- 
 plus, if any, to the owner of the property so levied upon and sold. 
 
 51 ' The City Collector shall not be required to distrain for 
 any taxes assessed or levied upon real estate or personal prop- 
 erty, but he shall at least two weeks before the taxes become 
 payable give notice by advertisement in three daily papers 
 published in Baltimore City of the day on which all taxes for 
 the ensuing fiscal year become due ; and shall on the applica- 
 tion in person or by agent or by mail of any person to whom 
 property is assessed deliver or send by mail a bill showing the 
 amount of taxes due by such person two weeks before the day 
 on which such taxes shall by law be in arrear. He shall give 
 notice by advertisement in the same way that all taxes not paid 
 on or before that date will be in arrears, and that the property 
 on which said taxes are levied will then be subject to be sold 
 for taxes. And said notices shall further state that unless the 
 taxes so in arrear are paid within thirty days thereafter three 
 per cent, of the gross amount thereon shall be added to each 
 bill for taxes in arrear, and at the expiration of thirty days 
 from such notice, if the same be not then paid, three per 
 centum of the gross amount of each bill for said taxes in arrear 
 shall be added thereto as a penalty and collected in the same 
 manner as the bill itself, said penalty to be paid to the City 
 Collector and by him to the City Register to the credit of the 
 Mayor and City Council; to provide for the expense of col- 
 lecting the taxes for the fiscal year 1900, the Mayor and City 
 Council may by ordinance appropriate the moneys so to be 
 paid to the Register in payment of the expenses for collecting 
 the taxes for that year. 
 
 52 The Mayor shall appoint in the mode prescribed in 
 section 25 of this Article, and he shall hold his office as therein 
 provided, one Collector for Baltimore City, for the collec- 
 tion of all State taxes levied or to be levied for any year; 
 and it shall not be lawful for the municipal authorities of 
 said City to provide any fixed annual or other stated compen- 
 sation for the collection of the State taxes, or a salary of any 
 
59 
 
 kind, to the said Collector for his services in collecting the 
 State taxes, otherwise than by a per centum on the amount of 
 his collections, as prescribed in this Article. 
 
 53. The Collector of State Taxes in the City of Balti- 
 more, before he acts as such, shall give a bond to the State of 
 Maryland in the penalty of seventy-five thousand dollars, to be 
 approved by the Governor, with the condition that if the above 
 
 bound shall well and faithfully execute his office, and shall 
 
 account to the State Comptroller for, and pay to the Treasurer 
 of the State, the several sums of money which he shall receive 
 for the State, or be answerable for by law, at such times as the 
 law shall direct, then such obligation to be void, otherwise to 
 remain in full force and virtue in law. The said Collector's 
 bond, when approved by the proper authorities in the City of 
 Baltimore, shall be recorded in the office of the Clerk of the 
 Superior Court of Baltimore City, and when approved by the 
 Governor shall be filed in the office of the State Comptroller. 
 
 54 - The Collector of State Taxes in the City of Baltimore 
 shall make daily deposits of such suras of money as he shall re- 
 ceive for State taxes collected by him, less the amount of com- 
 mission allowed him for the collection of the same, to the credit 
 of the Treasurer of the State of Maryland, in some bank in said 
 City which pays to the State the bonus or school tax, as provided 
 by law, to be designated by the said Treasurer, and shall send 
 to the Treasurer a statement of the amount so deposited within 
 the first ten days of each month, with a certificate of the bank 
 that the same is so deposited; and on failure to make such daily 
 deposits and to send such certificate, he shall, on proof thereof 
 to the satisfaction of the Governor, be liable to removal from 
 office by the Governor, and the State Comptroller shall imme- 
 diately enter suit upon his bond. 
 
 55 The Treasurer of the State may make weekly examina- 
 tion of the books of the Collector of State Taxes in Baltimore 
 City, whose books shall always be open to such inspection. 
 
60 
 
 56 If there be no Collector of State Taxes qualified and 
 compensated in conformity with the provisions of this Article 
 in said City by the fifteenth day of October in any year, the 
 Governor shall appoint from any part of the State a Collector 
 for the said City, who shall give bond, with sureties to be ap- 
 proved by the Governor, and be in all respects on a footing 
 with other State Collectors' bonds as provided in the Public 
 General Laws, Article 81, title "Revenue and Taxes," and the 
 said Collector shall have all the power of other Collectors. 
 
 57 The Mayor and City Council of Baltimore shall levy 
 upon the assessable property in the City of Baltimore such com- 
 mission as will in its judgment insure a speedy collection of said 
 State taxes, not exceeding two per centum on the amount to be 
 placed in the hands of said Collector of State Taxes for Balti- 
 more City; said commission to be levied for the use of said 
 Collector, and to be collected as other charges are collected. 
 
 58- The City Collector shall be the Collector of State 
 Taxes, and perform the duties as herein provided, unless other- 
 wise provided by ordinance of the Mayor and City Council of 
 Baltimore. 
 
 59 - The Collector of Water Rents and Licenses shall be 
 the head of the sixth sub-Department of Finance, and shall be 
 appointed by the Mayor in the mode prescribed in Section 25 
 of this Article, and hold his office as therein provided. He 
 shall be paid the salary of two thousand five hundred dollars 
 per annum, payable monthly. He shall collect all water rents 
 and license fees, and all other dues, or revenues to which the 
 Mayor and City Council of Baltimore is or may be entitled 
 except otherwise provided in this Article, and he shall have 
 such assistants and clerks and shall perform such other duties 
 as shall be prescribed by ordinance not inconsistent with this 
 Article. All licenses imposed by ordinance shall be due and 
 collectible in the first week of January in each year, and it shall 
 be the duty of said Collector of Water Rents and Licenses to 
 see that said licenses are paid at that time. Provided, that the 
 
61 
 
 Mayor and City Council of Baltimore may, if the public service- 
 permits, assign the duties to be performed by this Section to 
 be performed by the Collector of Water Rents and Licenses, 
 to some other municipal official, and when so done by ordi- 
 nance this office may be abolished. 
 
 Department of Law. 
 
 6 - There shall be a Department of Law of the Mayor and 
 City Council of Baltimore ; the head of said department shall 
 be the City Solicitor. 
 
 x* 1 - The City Solicitor shall be appointed by the Mayor in 
 the mode prescribed in section 25 of this Article, and hold his 
 office as therein provided. He shall be a member of the Balti- 
 more Bar, who has practiced his profession for not less than ten 
 years in Baltimore City, and he shall receive a salary of four 
 thousand dollars per annum, payable monthly. 
 
 62 - The City Solicitor shall be the legal adviser of the 
 Mayor and City Council of Baltimore and its several depart- 
 ments, and special commissions or boards, and shall have gen- 
 eral supervision and direction of all legal business of the City. 
 He shall have charge of the preparation and trial of all suits, 
 actions and proceedings of every kind to which the City shall 
 be a party in any Court, local, State or Federal, and he shall 
 personally participate in the trial of all such suits in any of the 
 Federal Courts, and in the Court of Appeals of Maryland, and 
 of all such suits in other Courts which the Mayor may request 
 him in writing to try, and shall discharge such other duties as 
 may from time to time be prescribed by ordinances, not incon- 
 sistent with this Article. He shall appoint in writing three as- 
 sistants, to be known as the First, Second and Third Assistant 
 City Solicitors, all of whom shall be members of the Baltimore 
 Bar, and shall hold their respective positions during the pleas- 
 ure of the City Solicitor, at salaries, payable monthly, of three 
 thousand dollars per annum for the First Assistant, and twenty- 
 five hundred dollars per annum for the Second Assistant, and 
 
62 
 
 eighteen hundred dollars per annum for the Third Assistant. 
 The City Solicitor is authorized to assign to his assistants such 
 duties in addition to those hereby assigned to them as he 
 shall deem most conducive . to the efficient discharge of the 
 business of the Law Department. The First Assistant 
 shall aid the City Solicitor in the discharge of his court 
 duties, and shall try all cases in which the City is interested 
 in any court in the State of Maryland, and he shall act as 
 junior counsel to the City Solicitor in any court in which his 
 services may be required. He shall act as prosecuting attorney 
 on behalf of the City to assist the State's Attorney in the prose- 
 cution of all violations of City ordinances, subject to the direc- 
 tion and control of the City Solicitor, and shall periorm such 
 other duties as may be assigned to him by the City Solicitor. 
 The Second Assistant to the City Solicitor shall have charge, 
 subject to the control and direction of the City Solicitor, of the 
 examination of all titles on behalf of the City, and shall dis- 
 charge such other duties as may be assigned to him by the City 
 Solicitor. The Third Assistant to the City Solicitor shall, sub- 
 ject to the control and direction of the City Solicitor, try all 
 cases in which the City is interested before any Justice of the 
 Peace, and in all cases in the City Court of appeals from Jus- 
 tices of the Peace. He shall file, subject to the direction and 
 control of the City Solicitor, all reports of sales for taxes by the 
 City Collector, and shall discharge such other duties as may 
 be assigned to him by the City Solicitor. He shall have his 
 office in the permanent offices of the Law Department, and shall 
 remain there from n A.M.. to 2 P. M. daily, Sunday and legal 
 holidays excepted, when not elsewhere engaged on the busi- 
 ness of the City, or unless temporarily absent by leave of the 
 City Solicitor. 
 
 63. The City Solicitor shall give advice and opinions in 
 writing upon any legal questions affecting the interest of the 
 City which may be submitted to him in writing by the Mayor 
 or either Branch of the City Council, or any committee thereof, 
 or the head of any department, or a special commission or 
 board. All dee^s, bonds, contracts and other legal instru- 
 ments involving the interest of the City or to be executed by or 
 
63 
 
 passed to the Mayor or other officer of the City shall, before they 
 are executed or accepted, be submitted to the City Solicitor 
 and have endorsed upon them his opinion as to their sufficiency 
 and their compliance in terms and conditions with the laws 
 or ordinances under which they are executed. It shall be the 
 duty of all officers and departments of the City to submit all 
 such bonds, contracts or other written instruments to the City 
 Solicitor for his approval before executing or accepting the 
 same. 
 
 64 - The Law Department shall have its offices and head- 
 quarters in such rooms in the City Hall, or elsewhere, as the 
 Mayor may designate,- to be provided and furnished at the ex- 
 pense of the City, which shall be open on all business days 
 between the hours of 9 A. M. and 3 P. M. All papers and 
 documents relating to the legal business of the City shall be 
 permanently filed in said office. 
 
 65 The City Solicitor is authorized to employ, at a total 
 cost not exceeding twenty-five hundred dollars per annum, a 
 clerk, stenographer and typewriter, and such other assistants 
 as he may require, who shall at all times be subject to his orders. 
 The said clerk shall, subject to the direction of the City Solic- 
 itor, have charge and custody of the office and papers of the 
 Law Department, which shall be arranged and indexed by him 
 in such convenient and orderly manner as to be at all times 
 readily accessible. He shall also keep in said office a complete 
 docket and duplicate pleadings of all suits, actions or proceed- 
 ings in which the City or any department or official thereof 
 is interested, pending in any court or tribunal, upon which 
 docket such appropriate entries shall be made as to show at all 
 times the condition of each one of such cases. He shall also 
 keep and record in a book to be provided for that purpose, the 
 original or duplicate copies of all written opinions furnished 
 by the Law Department to the City, or to any department or 
 official thereof, and also of all abstracts of titles furnished to 
 the City by the Law Department. He shall also procure, as 
 far as possible, all legal opinions and abstracts of title which 
 
64 
 
 have heretofore been furnished to the City, or any department 
 or official thereof, and shall file and arrange such opinions and 
 abstracts in such manner and order as to be at all times readily 
 accessible, and shall make and preserve an index thereof. He 
 shall also procure all law books heretofore purchased by the 
 City and in the possession of any law officer or ex-law officer of 
 the City, and arrange them in a proper bookcase. 
 
 66. The City Solicitor shall have authority, with the writ- 
 ten approval of the Mayor, to institute on behalf of the Mayor 
 and City Council of Baltimore, any suit, action or proceeding in 
 any court, or tribunal, local, State or Federal. All appeals on 
 behalf of the City to the Court of Appeals, the Supreme Court of 
 the United States, the United States Circuit Court of Appeals 
 or to any other Court shall be taken upon the written order of 
 the City Solicitor, approved by the Mayor. 
 
 67. The City Solicitor and his Assistants shall be allowed 
 reasonable traveling expenses outside of the City, to be audited 
 by the Comptroller, when on business connected with the Law 
 Department. 
 
 Department of Public Safety. 
 
 68. There shall be a Department of Public Safety of the 
 Mayor and City Council of Baltimore, which shall consist of the 
 Board of Fire Commissioners, Commissioner of Health, In- 
 spector of Buildings and Commissioners of Street Cleaning, 
 and ex officio the President of the Board of Police Commission- 
 ers. The head of said department shall consist of a Board of 
 Public Safety, composed of the President of the Board of Fire 
 Commissioners, who shall be President of said Board, Com- 
 missioner of Health, Inspector of Buildings, Commissioner of 
 Street Cleaning, and the President of the Board of Police Com- 
 missioners. This Board shall be for consultation and advice, 
 and it shall have no power to direct or control the duties or the 
 work of any sub-department. It shall perform such other 
 duties as may be required of it by ordinances not inconsistent 
 with this Article. 
 
65 
 
 69 * The Board of Fire Commissioners shall be the head of 
 the first sub-department of Public Safety, and shall consist of a 
 Board of three persons appointed by the Mayor in the manner 
 prescribed in section 25 of this Article, and hold their offices 
 as therein provided, and they shall have control, regulation and 
 supervision of the Fire Department and matters relating to the 
 same, and shall perform such other duties as may be required 
 by ordinances not inconsistent with this Article. One of said 
 three persons shall be designated by the Mayor as the President 
 of said Board. Each member of said Board shall be paid a 
 salary of one thousand dollars per annum, payable monthly. 
 They shall have power to appoint all subordinates in their sub- 
 department, and fix their compensation, not, however, to ex- 
 ceed in number of employees or aggregate amount of compen- 
 sation the limits fixed by ordinance. 
 
 70. The Board of Fire Commissioners of the City of Balti- 
 more may retire from office in the Fire Department any perma- 
 nent or call member thereof who has become permanently dis- 
 .abled while in the actual performance of duty, or who has per- 
 formed faithful service in the department for a period of not less 
 than twenty consecutive years, or who may become unable to 
 perform further service by reason of age or other physical or 
 mental disabilities, and place the member so retired upon a 
 pension roll. And said Board may also provide for the relief 
 of the widows and children of firemen who may be killed in the 
 discharge of duty. The amount of such annual pension to be 
 allowed by said Board of Fire Commissioners to each pensioner 
 
 shall be equal to one-half the yearly amount then being re- 
 ceived by him, for service in said department at the time of 
 .such retirement, per annum, payable in monthly installments. 
 
 71. The Commissioner of Health shall be the head of the 
 second sub-department of Public Safety. He shall be appointed 
 by the Mayor, in the mode prescribed in section 25 of this Arti- 
 cle, and hold his office as therein provided. It shall be his duty 
 to cause all ordinances now in existence or which may here- 
 after be enacted for the preservation of the health of the 
 City of Baltimore, not inconsistent with this Article, to be faith- 
 fully executed and strictly observed; and all power and au- 
 
66 
 
 thority now lodged in the Board of Health in said City shall be 
 and the same is hereby transferred to the Commissioner of: 
 Health. His salary shall be three thousand five hundred dol- 
 lars per annum, payable monthly, and he shall be a physician of 
 five years' experience and active practice at the time of his ap- 
 pointment. He shall perform such duties in this department 
 as are now required or may hereafter be prescribed by ordi- 
 nances not inconsistent with this Article. The Commissioner 
 of Health may appoint two Assistant Commissioners of Health,, 
 a Medical Examiner and an Assistant Medical Examiner, and 
 a reasonable number of clerks and subordinates, and fix their 
 compensation, but no greater number of persons shall be ap- 
 pointed by or employed under said Commissioner of Health 
 than the public interests demand and the appropriation by the 
 Mayor and City Council of Baltimore shall justify. 
 
 72 ' There may be appointed by the Commissioner of 
 Health, a reasonable number of Sanitary Inspectors for said. 
 City, not exceeding fifteen, of whom two may be physicians, 
 and one, at least, shall be a person skilled in the matters of 
 drainage and ventilation; and the Commissioner of Health 
 from time to time may prescribe the duties of each, consistent, 
 with the ordinances now existing or hereafter enacted, and not 
 inconsistent with this Article. 
 
 I 73- The Commissioner of Health shall appoint all in- 
 spectors and analysts of bakeries, bake shops, candy factories,, 
 confectioners or other places for the manufacture of bread,, 
 cakes, confectionery and similar food products, for the purpose 
 more especially of ascertaining their sanitary condition and 
 cleanliness, and for the purpose of ascertaining the purity, 
 healthfulness and wholesomeness of the flour, sugar, butter, lard 
 or other ingredients used in making such bread, cakes, con- 
 fectionery and other articles of food offered for sale in the City 
 of Baltimore, or intended for consumption therein, as by ordi- 
 nance may be prescribed. 
 
 74. The Commissioner of Health shall appoint all in- 
 spectors and analysts for the proper inspection of milk or any 
 and all other food products offered for sale in the City of Balti- 
 
67 
 
 more, or intended for consumption therein, as by ordinance 
 may be prescribed. 
 
 75. One of the Assistant Commissioners of Health, who 
 shall be a legally authorized practicing physician in good stand- 
 ing, shall be assigned to the performance of the duties of Quar- 
 antine Hospital Physician. He shall reside permanently on 
 the grounds attached to the hospital on the southern shore of 
 the Patapsco River, and known as the Quarantine Hospital of 
 the Port of Baltimore, and shall superintend all the affairs of 
 the hospital and the adjacent grounds, under the direction of 
 the Commissioner of Health. Whatever powers have been 
 heretofore granted by the Mayor and City Council of Baltimore, 
 in regard to quarantine regulations, to the Board of Health, are 
 hereby transferred to the Commissioner of Health, subject to 
 alteration, amendment or repeal by ordinances not inconsistent 
 with this Article. 
 
 ' 76 ' In consideration of the duties to be performed by one 
 of the Assistant Commissioners of Health as Quarantine Hos- 
 pital Physician, said officer shall hereafter receive, in lieu of all 
 commissions and fees, a salary of three thousand dollars per 
 annum, payable monthly, and he may occupy the dwelling on 
 the hospital grounds free of charge, but all expenses incurred 
 for his support, or that of his family, shall be defrayed out of 
 his salary. The other Assistant Commissioner of Health shall 
 be allowed a salary of two thousand dollars per annum, payable 
 monthly. 
 
 7>7 - The Commissioner of Health shall annually appoint a 
 Vaccine Physician for every ward of the City of Baltimore, 
 who shall be a resident of the ward for which he may be ap- 
 pointed, who shall vaccinate in his ward all such persons as 
 may be designated by the Commissioner or Assistant Commis- 
 sioner of Health as susceptible to smallpox contagion, and 
 whose duty it shall be to visit each dwelling house in the ward 
 for which he is appointed and vaccinate every person who may 
 be presented to him for that purpose, and to be prepared at his 
 office at such hours as may be designated by the Commissioner 
 of Health to vaccinate all who may there call on him that are 
 
68 
 
 residents of said ward requiring vaccination. He shall keep 
 a record of the names, ages and residences of all whom he 
 shall vaccinate or re-vaccinate, and report the same monthly 
 under oath or affirmation to the Commissioner of Health, and 
 shall also report to said Commissioner of Health monthly the 
 names of all persons who shall refuse to suffer themselves or 
 the members of their household to be vaccinated when the 
 same shall be necessary. He shall discharge all other duties 
 which may be required of him as such Vaccine Physician by 
 ordinances not inconsistent with this Article, and shall also 
 discharge the duties O'f Sanitary Inspector for his ward. Each 
 Vaccine Physician shall be paid a salary of not more than nine 
 hundred dollars per annum, to be fixed by the Health Commis- 
 sioner, payable monthly. 
 
 78 - Each of the said Vaccine Physicians shall act as health 
 warden of his respective wards, and shall sign, without charge, 
 all certificates that may be required of him to enable children 
 from the respective vaccine districts to enter any of the public 
 schools of Baltimore; and he shall have a general supervision of 
 the health of his respective wards, and report to the Commis- 
 sioner of Health any nuisance which in his opinion is or may 
 become a source of disease, and in case of the manifestation of 
 any contagious disease, he shall at once, under the direction of 
 the Commissioner of Health, proceed to use such means as the 
 nature of the case may demand, to arrest its progress. 
 
 79. The Inspector of Buildings shall be the head of the 
 third sub-department of Public Safety. He shall be an archi- 
 tect or builder of ten years' experience in the active practice of 
 his profession and have had responsible charge of work for at 
 least that length of time. He shall be appointed by the Mayor 
 in the mode prescribed in section 25 of this Article, and hold 
 his office as therein provided, and under this department he 
 shall have the supervision of the construction of all buildings 
 erected in the said City, and shall see that the building laws 
 relating to the construction of said buildings shall be complied 
 with, and he shall perform such other duties as may be pre- 
 scribed by ordinances not inconsistent with this Article. He 
 shall be paid a salary of three thousand dollars per annum, pay- 
 able monthly. 
 
69 
 
 8 - It shall be the duty of the Inspector of Buildings to visit 
 and inspect all theaters, hotels, public halls, churches, school- 
 houses and buildings used for public assemblages, and all man- 
 ufactories employing twenty-five or more persons, now erected 
 or that may hereafter be erected in the City of Baltimore, for the 
 purpose of ascertaining if said buildings have the proper means 
 of exit in case of fire or panic; and if, on examination, the said 
 Inspector of Buildings shall determine that said buildings, as 
 herein enumerated, have not the proper means of exit for the 
 purposes herein prescribed, then it shall be the duty of the said 
 Inspector of Buildings to notify in writing, the owners, trustees 
 or lessees of said buildings that the proper means of exit do not 
 exist, and direct the said owners, trustees or lessees of said 
 buildings, as herein enumerated, to so improve the same as to 
 provide the proper means of exit, in case of fire or panic, as in 
 the judgment of the said Inspector of Buildings he may deem 
 proper and necessary. 
 
 81 - If any person having been notified, as provided in the 
 preceding section, shall fail to comply with said notice, he shall, 
 after the expiration of thirty days from the date of said notice, 
 forfeit and pay a fine of one hundred dollars for non-compliance 
 therewith, and twenty-five dollars per day for each and every 
 day thereafter that he shall refuse to make such improvements 
 as prescribed in the notice so given, as provided in the preced- 
 ing section; said fines to be collected as other fines are col- 
 lected by law. 
 
 82 - It shall be the duty of the Inspector of Buildings to en- 
 force the execution of all existing or hereafter enacted building 
 regulations and ordinances relating to the construction, alter- 
 ation and removal of buildings, or other structures, walls or 
 parts of buildings or other structures. The Inspector of Build- 
 ings shall have power to appoint such assistants and subordi- 
 nates, clerks and employees as are or may hereafter be pre- 
 scribed by ordinance, and fix their compensation, not to exceed 
 in the aggregate the amount allowed by ordinance. 
 
 83 - The Commissioner of Street Cleaning shall be the head 
 of the fourth sub-department of Public Safety. He shall be 
 appointed by the Mavor in the mode prescribed in section 
 
70 
 
 25 of this Article, and hold his office as therein provided. 
 He shall be charged with the duty of cleaning the streets, as 
 well as the cleaning of the sewers, subject as to the latter to the 
 direction and orders of the City Engineer; and shall perform 
 such other duties as may be prescribed by ordinances not in- 
 consistent with this Article. He shall be paid a salary of two 
 thousand five hundred dollars per annum, payable monthly. 
 The Commissioner may appoint such subordinates as his de- 
 partment shall require, and fix their compensation, not to ex- 
 ceed in the aggregate the amount appropriated by ordinance. 
 
 Department of Public Improvements. 
 
 84 - There shall be a Department of Public Improvements 
 of the Mayor and City Council of Baltimore, which shall consist 
 of the City Engineer, Water Board, Harbor Board and In- 
 spector of Buildings. The head of said department shall be a 
 Board of Public Improvements, composed of the City Engi- 
 neer, who shall be President of said Board, the President of the 
 Water Board, the President of the Harbor Board, and the In- 
 spector of Buildings. This Board shall be for consultation and 
 advice, it shall have no power to direct or control the duties or 
 the work of any sub-department under this department. It 
 shall perform such other duties as may be required of it by 
 ordinances not inconsistent with this Article. Until the or- 
 ganization of said Board of Public Improvements by the 
 Mayor first elected under the provisions of this Article, as pro- 
 vided in section 25 of said Article, the City Commissioner, 
 Engineer of the Water Board, Engineer of the Harbor Board 
 and Inspector of Buildings, shall compose a Board to perform 
 all the duties required of the said Board of Public Improve- 
 ments by the provisions of this Article. 
 
 85. When any ordinance for a public improvement, not in- 
 cluded in the ordinance of estimates furnished by the Board of 
 Estimates under theprovisions of this Article, exceeding in cost 
 the sum of two thousand dollars has passed its first reading 
 in the Branch of the City Council in which it originates, 
 it shall be referred to the Board of Public Improvements for an 
 opinion, in writing, as to its advisability and whether the wants 
 
71 
 
 of the City actually require such an improvement, and by the 
 last named Board with such opinion attached to said ordinance 
 it shall be sent to the Board of Estimates for its opinion, in 
 writing, as to the probable cost of the same and whether the 
 
 financial condition of the City will justify such an expenditure. 
 No further action with regard to said ordinance shall be taken 
 by the City Council until said reports have been made and sub- 
 mitted to both Branches of the City Council and read and en- 
 tered on the respective journals of said Branches. It shall be 
 the duty of both of the said Boards to promptly make the said 
 reports, and the Board of Estimates shall return the same at- 
 tached to said ordinance to the City Council. 
 
 86. The City Engineer, who shall be the head of the first 
 sub-department of Public Improvements, shall be appointed by 
 the Mayor in the mode prescribed in section 25 of this Article, 
 and hold his office as therein provided. He shall have control 
 and supervision of the streets, highways, lanes and alleys of the 
 City of Baltimore, both as to their construction, paving and 
 
 curbing. He shall construct all sewers, unless otherwise pro- 
 vided by ordinance. He shall be a civil engineer in the active 
 practice of his profession for five years, and one who has had 
 responsible charge of work for at least that length of time. He 
 shall perform all the duties heretofore performed by the City 
 
 'Commissioner unless otherwise provided in this Article. He 
 shall receive a salary of four thousand dollars per annum, pay- 
 able monthly, and perform such other duties as may be pre- 
 scribed by ordinances not inconsistent with this Article. He 
 
 -shall have power to appoint such subordinates as he may re- 
 quire, and fix their compensation, not, however, to exceed in 
 number or compensation the limits fixed by ordinance. 
 
 87. The Water Board shall be the head of the second sub- 
 department of Public Improvements, and shall have charge of 
 the water supply to the inhabitants of the City of Baltimore, 
 and shall consist of five persons appointed by the Mayor in 
 the manner prescribed in section 25 of this Article, and hold 
 
 -their offices as therein provided. One of said five persons, 
 who shall be the President of said Board and known as the 
 "Water Engineer, and so named by the Mayor, shall be a civil 
 
72 
 
 engineer in the active practice of his profession for five years,, 
 and who has had responsible charge of work for at least that 
 period of time. The Water Engineer shall receive a salary of 
 four thousand dollars per annum, payable monthly, and the 
 other members of said Board shall serve without pay. All 
 subordinates employed in said sub-department shall be ap- 
 pointed by the Water Engineer, subject to the approval of said 
 Board, he shall fix their compensation not to exceed in the ag- 
 gregate the amount appropriated by ordinance. The Water 
 Engineer and Water Board shall perform such other duties as 
 are now or may hereafter be prescribed by ordinances not 
 inconsistent with this Article. 
 
 88 - The Harbor Board shall be the head of the third sub- 
 department of Public Improvements, which shall have charge 
 of the harbor, wharves and navigable waters in and adjacent to- 
 the City of Baltimore. It shall consist of five persons ap- 
 pointed by the Mayor in the manner prescribed in section 25 of 
 this Article, who shall hold their offices as therein provided. 
 One of said five persons, who shall be the President of said' 
 Board and known as the Harbor Engineer, and so named by 
 the Mayor, shall be a civil engineer in the active practice of his 
 profession for five years, and who has had responsible charge 
 of work for at least that period of time. The Harbor Engineer 
 shall receive a salary of four thousand dollars per annum, pay- 
 able monthly, and the other members of said Board shall serve 
 without pay. All subordinates employed in said sub-depart- 
 ment shall be appointed by the Harbor Engineer, subject to the- 
 approval of said Board, who shall fix their compensation, not 
 to exceed in the aggregate the amount appropriated by ordi- 
 nance. The Harbor Engineer and Harbor Board shall per- 
 form such other duties as may hereafter be prescribed by ordi- 
 nances not inconsistent with this Article. 
 
 89. The Inspector of Buildings shall be the head of the 
 fourth sub-department of Public Improvements, and shall be 
 the same officer whose appointment is provided for herein in 
 the Department of Public Safety. The duties he shall perform 
 in this department and sub-department shall be the superin- 
 tendence of the construction and repairing of all buildings built: 
 
73 
 
 by the City, unless otherwise provided by ordinances. He 
 shall receive no additional pay for his services rendered in this 
 department. He shall perform such other duties in this de- 
 partment as may be required of him by ordinances not incon- 
 sistent with this Article. 
 
 Department of Public Parks and Squares. 
 
 90 ' There shall be a Department of Public Parks and 
 Squares of the Mayor and City Council of Baltimore. The 
 head of said department shall consist of a Board of Park Com- 
 missioners, composed of five members, to serve without pay, 
 appointed by the Mayor in the manner prescribed in section 25 
 of this Article, and to hold their offices as therein provided. 
 One of whom shall be President thereof, and shall be so desig- 
 nated by the Mayor, and said Board shall elect a Secretary, who 
 shall be paid a salary of one thousand five hundred dollars per 
 annum, payable monthly, and he shall be the clerk of said 
 Board, and shall perform such duties as may be prescribed by 
 said Board. The said Board shall perform such other duties 
 as may be prescribed by ordinances not inconsistent with this 
 Article. 
 
 91 - The Board of Park Commissioners shall have charge 
 and control of all public parks, squares, springs and monuments 
 belonging to, controlled by or in the custody of the Mayor 
 and City Council of Baltimore. 
 
 92 The Board of Park Commissioners shall have power 
 from time to time to make such rules and regulations for the 
 government and preservation of order within the parks, 
 squares, springs and monuments belonging to, controlled by, 
 or in the custody of the Mayor and City Council of Baltimore, 
 as it may deem expedient. To carry out such regulations, fines 
 not exceeding in any one case one hundred dollars shall be 
 imposed for breaches of said rules and regulations, which fines 
 shall be recoverable as other fines are in the name of the City, 
 and said amounts so recovered shall be used and appropriated 
 to the purposes of the Board of Park Commissioners. 
 
74: 
 
 93 - The Board of Park Commissioners is authorized and 
 empowered to regulate the speed of vehicles and equestrians 
 within one mile of the approach and within the limits of said 
 parks and squares, and to impose the fines provided for in the 
 preceding section for the violation of any regulations it may 
 establish in this connection, to be recovered as therein pro- 
 vided. 
 
 94 The several members of the said Board of Park Com- 
 missioners shall have the power of conservators of the peace 
 within the limits of said parks and squares. 
 
 95 The Board of Police Commissioners of Baltimore City 
 is directed at the request of the Board of Park Commis- 
 sioners to detail from time to time such of the regular police 
 force of said City as the said Board of Park Commissioners may 
 deem necessary for the preservation of order within said parks 
 and squares, according to the regulations aforesaid, which 
 policemen shall be under the direction of said Board of Park 
 Commissioners, and shall have the same power in said parks 
 and squares that the police of the City of Baltimore have as con- 
 servators of the peace in Baltimore City or elsewhere. 
 
 96 - In addition to the powers now or hereafter conferred 
 upon the Board of Park Commissioners, it is authorized to form 
 zoological collections within the limits of said parks or squares 
 "by the purchase and collection of live, wild or other animals, 
 for the purpose of public exhibition for the instruction and 
 recreation of the people, with power to make contracts in re- 
 gard thereto ; and shall be capable at law to hold, in the name 
 of the Mayor and City Council of Baltimore, and at pleasure 
 to dispose of gifts, devises and other property for the use of 
 said collections. 
 
 97 The said Board of Park Commissioners shall have full 
 power to employ and compensate all persons whom, in its 
 judgment, it may deem proper, in maintaining and supporting 
 such parks, squares, springs and monuments, or any other 
 buildings, collection, garden or reservation provided for in 
 this Article. The distribution of the park fund for the main- 
 
75 
 
 tenance of the different parks and squares shall be made by the 
 Park Commissioners; provided, nothing contained in this Sec- 
 tion or elsewhere in this Article shall be taken or construed 
 to exempt the said Board of Park Commissioners from a full 
 compliance with all the requirements of Section 36 of this 
 Article, and the said Board of Park Commissioners shall spend 
 no part of said park fund unless such expenditure is authorized 
 and included in the annual ordinance of estimates; and pro- 
 vided further, the Board of Park Commissioners who go into 
 office on the first day of March, in the year 1900, shall make 
 such report to the Board of Estimates as soon thereafter as 
 possible, which report shall include all expenditures to be made 
 by said Board of Park Commissioners for the remainder of 
 the current fiscal year, and the Board of Estimates shall pre- 
 pare and submit to the City Council a supplemental ordinance 
 of estimates, to include the amount which the said Board of 
 Estimates may deem proper to be spent by said Board of Park 
 Commissioners for the remainder of said current fiscal year. 
 
 98 - The night watchmen employed by the Board of Park 
 Commissioners shall have, while on duty, the same power that 
 police in said City have as conservators of the peace. 
 
 Department of Education. 
 
 " There shall be a Department of Education of the Mayor 
 and City Council of Baltimore. The head of said department 
 shall consist of a Board of School Commissioners composed of 
 nine persons, who shall serve without pay, and who shall be 
 appointed by the Mayor in the mode prescribed in section 25 
 of this Article, and removable as therein provided. One of 
 said Commissioners shall be President of said -Board and so 
 designated by the Mayor when appointed. Their term of 
 office shall be six years, three of them to retire at the end of 
 every two years. The Board first appointed shall determine 
 by lot their term of office, so as to provide for the retire- 
 ment in the succeeding two and four years of three of 
 their number. The members of said Board shall be resi- 
 dents of the City of Baltimore for at least one year and citizens 
 -of the State of Maryland for at least five years prior to their 
 
76 
 
 appointment. The members of said Board shall be chosen by 
 the Mayor from among those he deems most capable of pro- 
 moting the interests of public education, by reason of their 
 intelligence, character, education or business habits. In the 
 selection of members of said Board and in their action 
 in the administration of the public schools, ecclesiastical 
 and party ties shall not be regarded, so that the public 
 schools may be entirely out of the field of political and religious 
 differences and controversies. The said Board shall confirm 
 or reject all nominations of teachers -made to it, as herein- 
 after provided by the Superintendent of Public Instruction and 
 his Assistants. It shall not confirm the appointment of any 
 teacher whose name does not appear upon the graded list here- 
 inafter provided for. All officers, secretaries, clerks and em- 
 ployees shall be appointed by said Board, and may be removed 
 by it at pleasure, and any teacher may be removed by said 
 Board on the recommendation of the Superintendent of Public 
 Instruction after charges preferred and trial had. The salaries- 
 of all officers, teachers, secretaries, clerks and employees shall 
 be fixed by said Board, not to exceed in the aggregate the 
 amount appropriated by ordinance. Whenever the construc- 
 tion of a new school house or the enlargement and repairs of 
 an old school house is authorized, the instructions of the Board 
 of School Commissioners shall be regarded by the Inspector of 
 Buildings in the preparation of his plans, and no plans shall be 
 finally adopted without the concurrence of said Board. All 
 text-books, stationery and furniture required for the public 
 schools shall be purchased by the said Board after a compli- 
 ance with all the requirements of sections 14 and 15 of this 
 Article except the requirement of said section as to the Board 
 to open and award said contracts. 
 
 1OO. The said Board shall appoint the Principal, Professors, 
 Tutors and Instructors of the City College, the Principals, Tu- 
 tors and Instructors of the Polytechnic Institutes, and of the 
 High Schools. It shall also appoint a Superintendent of Pub- 
 lic Instruction and one or more Assistant Superintendents of 
 Public Instruction, one of whom shall be the First Assistant, 
 and shall act as Superintendent of Public Instruction if that offi- 
 cer is disabled. The said Superintendents shall all be persons of 
 
TJftflVERSITY 
 
 77 
 
 education and experience in the management of schools, and 
 they shall be not less than twenty-five years of age, at the time 
 of their appointment, and shall discharge the duties herein pre- 
 scribed and such other duties as the said Board may direct. 
 In order to secure the continuance of local interest in and over- 
 sight of the public schools, there shall be appointed annually 
 by said Board such number of unpaid School Visitors as may 
 be found requisite. One or more of these Visitors shall be as- 
 signed to every school, and every Visitor so assigned shall be 
 a resident or engaged in business within half a mile of the 
 school to which he or she is assigned, so that the parents and 
 inhabitants of every neighborhood may have easy access to an 
 official of the public schools. The said Visitors shall perform 
 the duties hereinafter prescribed, and such other duties as the 
 said Board may direct. The said Board may also appoint a 
 Supervisor of the Heating, Plumbing and Ventilation of 
 School Buildings, to be known as Supervisor of School Build- 
 ings, who shall, in addition to the supervision of school build- 
 ings in respect to their heating, plumbing and ventilating, per- 
 form such other duties as the Board may direct. 
 
 1O1. The duties of the Superintendent of Public Instruction 
 and Assistant Superintendents of Public Instruction shall in- 
 clude the examination of teachers and their nomination to the 
 Board of School Commissioners for appointment or promotion, 
 and the supervision of schools, and the study and suggestion 
 of methods by which the public school system of the City of 
 Baltimore may be maintained and improved. They shall hold 
 regular meetings as a Board of Superintendents of Public 
 Instruction and keep a record of the same, which shall be sub- 
 mitted to the Board of School Commissioners. For the work 
 of supervision and examination, standing committees shall be 
 designated by the Superintendent of Public Instruction an- 
 nually. Of every such committee, the Superintendent of Public 
 Instruction or the First Assistant Superintendent of Public In- 
 struction, or both, shall be members ex-ofiicw, and the number 
 of additional members shall be determined from time to time, 
 as circumstances may require. Every school shall be vis- 
 ited at frequent intervals by the Superintendent of Public 
 Instruction or one of the Assistant Superintendents of 
 
78 
 
 Public Instruction, and written reports on its condition shall 
 be filed in the office of the Superintendent of Public Instruc- 
 tion, with such recommendations as circumstances may call 
 for. It shall be the duty of the Superintendent of Public 
 Instruction and his Assistants, to devote their services exclu- 
 sively to the public schools under such regulations as the Board 
 of School Commissioners may prescribe. It shall be the duty 
 of the said Superintendent of Public Instruction, with the aid of 
 the Supervisor of School Buildings, to ascertain the sanitary 
 condition of every school, and to report to. the proper author- 
 ities what repairs or improvements are necessary. It shall be 
 the duty of the Superintendent of Public Instruction and his As- 
 sistants, as examiners, to ascertain, by appropriate committees, 
 appointed as hereinbefore provided, the training, knowledge, 
 aptness for teaching, and character of every future candidate for 
 the place of a teacher, and to report to the Board of School 
 Commissioners graded lists of those whom they deem qualified 
 for appointment, from which graded lists all nominations of 
 teachers shall be made by the Superintendent of Public Instruc- 
 tion and his Assistants to the Board of School Commission- 
 ers. All such nominations of teachers shall be made in the 
 order in which the names of the nominees appear upon such 
 graded lists. In the preparation of these graded lists, the 
 Superintendent of Public Instruction and his Assistants shall 
 ascertain by competitive examinations the relative qualifica- 
 tions of those candidates who desire appointment, and shall 
 place the names of the accepted candidates upon said graded 
 lists in the order of their relative qualifications, so ascertained 
 by such competitive examination. It shall be their duty to 
 advise the Board of School Commissioners whenever called 
 upon, or whenever they think it important, in respect to the 
 course of studies, text-books, or methods of instruction. 
 Whenever the Superintendent of Public Instruction and his 
 Assistants are in doubt what course to pursue, they shall ask 
 instructions from the Board of School Commissioners, to 
 whom they may present a majority and minority report, and 
 the decision of the Board of School Commissioners shall be 
 final. The Superintendent of Public Instruction and his As- 
 sistants shall perform such other duties as may be prescribed 
 by order of the Board of School Commissioners not inconsist- 
 ent with this Article. 
 
79 
 
 102. it shall be the duty of the School Visitors, hereinbefore 
 provided for, to visit the schools to which they are assigned, and. 
 to report upon their condition at least once in every quarter, 
 and oftener if they think it desirable. In case of an emergency 
 requiring attention, they shall immediately notify the Superin- 
 tendent of Public Instruction. The said School Visitors may 
 be called together by the Board of School Commissioners or 
 the Superintendent of Public Instruction whenever the interests, 
 of the schools require it, or whenever it is thought important for 
 the office of a Visitor to be defined, the organization of the 
 school system to be considered, and the characteristics of a 
 good school to be clearly stated to them. They shall perform 
 such other duties as the Board of School Commissioners may 
 prescribe, not inconsistent with this Article. 
 
 Department of Charities and Corrections. 
 
 103. There shall be a Department of Charities and Correc- 
 tions of the Mayor and City Council of Baltimore, which shall 
 consist of the Supervisors of City Charities and the Visitors to 
 the City Jail. The head of the Department of Charities and 
 Corrections shall be a Board of Charities and Corrections com- 
 posed of the President and one other of the Supervisors of City 
 Charities, the President and one other of the Visitors to the 
 City Jail, and the Mayor ex officio. The Supervisors of City 
 Charities and the Visitors to the City Jail shall each designate 
 their representative member. The President of the Supervisors 
 of City Charities shall be President of the Board of Charities 
 and Corrections. This Board shall be for consultation and ad- 
 vice, but it shall have no power to direct or control the duties 
 or work of any sub-department under this department. It shall 
 perform such other duties as may be required of it by ordinances 
 not inconsistent with this Article. 
 
 104. The Supervisors of City Charities shall be the first 
 sub-department of Charities and Corrections, and the . head 
 of this sub-department shall be a board composed of nine 
 persons, appointed by the Mayor as provided in section 25 
 of this Article, who shall be removable as therein provided. 
 Their term of office shall be for six years, three of them to retire- 
 
80 
 
 at the end of every two years; except that the Supervisors first 
 appointed shall determine by lot their terms of office, so as to 
 provide for the termination of the term of three Supervisors each 
 at the end of the first two and four years. The said Supervisors 
 shall have been citizens of Maryland for at least five years, and 
 residents of the City of Baltimore for at least one year prior to 
 their nomination. The Mayor, in the appointment of said 
 Supervisors, shall designate one of their number as President, 
 and the Supervisors shall elect a Secretary, who shall be paid a 
 salary of one thousand five hundred dollars per annum, payable 
 monthly, and shall discharge such duties as the Supervisors 
 shall prescribe. The said Supervisors shall serve without pay. 
 They shall be appointed by the Mayor from among those whom 
 he deems, by reason of their intelligence, experience and char- 
 acter, to be most capable of caring for the poor, economically, 
 intelligently and humanely. In the selection of said Super- 
 visors and in their action, in matters relating to the duties 
 imposed upon them by law or ordinance, ecclesiastical or party 
 ties shall not be regarded, so that the care of the poor may be 
 entirely out of the field of political or religious differences and 
 controversies. The duty of said Supervisors shall be to deter- 
 mine what sick, insane or other destitute persons are proper 
 charges on the City, and to provide for the proper care of such 
 persons, in so far as money may be appropriated for that pur- 
 pose by the City. The Supervisors shall have the power to 
 appoint and fix the compensation of such officials and subor- 
 dinate employees as they may deem necessary for the proper 
 conduct of the business entrusted to them, not to exceed in 
 number of employees or aggregate amount of compensation 
 the limit fixed by ordinance. The Supervisors shall report 
 annually to the City upon all departments of their work, includ- 
 ing the work of those institutions with which the City has con- 
 tracted for the care of any poor persons, and they shall perform 
 all the duties heretofore performed by the Trustees of the Poor 
 unless otherwise provided in this Article. 
 
 1O5. All appropriations by the Mayor and City Council of 
 Baltimore for the treatment, care or support of the indigent 
 poor in institutions not owned by the City, or for dispensary 
 treatment shall be by contract, in which the City shall agree to 
 
81 
 
 pay so much per capita for persons placed, treated or pre- 
 scribed for in such institutions or dispensaries so contract- 
 ing with the City, and in no case shall a gross sum be paid 
 to any such institution or dispensary. Every such contract 
 shall contain a stipulation that the City shall incur no obliga- 
 tion therefrom for any amount not provided for or in excess of 
 the appropriation made for the fiscal year in carrying out such 
 contract. No public moneys shall be paid to any institution 
 or dispensary for the treatment, care or support of any person 
 until the said Supervisors have determined and certified in 
 writing that such person is a proper subject of municipal aid. 
 
 106. N appropriation shall be made or money expended 
 for the maintenance, outside of the Almshouse or other City 
 home, of any adult poor person or persons, except the sick, 
 insane or other special classes requiring special treatment, or 
 homeless persons requiring temporary care only ; provided, 
 the City has adequate accommodations at the Almshouse or 
 other City home. All poor persons who, in the judgment of 
 said Supervisors, require special care or treatment outside of 
 a City institution, may be placed by said Supervisors in any 
 institution or institutions with which the City has contracted 
 for such care or treatment, which they, in the exercise of their 
 judgment, after careful inspection and inquiry, shall deem best 
 fitted to give the necessary care or treatment. 
 
 107. The Mayor and City Council of Baltimore, through 
 the said Supervisors, shall have care and supervision over such 
 children as shall be committed to or placed in those institutions 
 with which the City may have contracted and as shall have 
 been duly accepted by said Supervisors as proper charges on 
 the City. Said Supervisors shall have power to remove any 
 child from any such institution to which he or she has been 
 committed or placed, and to place said child in any other 
 such institution, when it is apparent to the Supervisors that, 
 from improper treatment or for other good cause, the welfare 
 of the child requires such removal. No such child shall be 
 discharged from the institution to which he or she shall 
 have been committed or placed (unless by direction of a court 
 of competent jurisdiction), or be transferred to any other insti- 
 
82 
 
 tution, or to the care of any individual, without the approval 
 and consent of the said Supervisors. It shall be the duty of the 
 Supervisors, as far as is practicable, to place all destitute or 
 neglected children who are under their care or in their charge, 
 in some institution or home for children, or, without payment 
 of board in some respectable family in the State of Maryland, 
 and to have the children visited, and their circumstances 
 carefully examined at least once in every six months by one 
 of the Supervisors or by a skilled agent or agents appointed 
 by them for the purpose. On the preliminary question 
 of the commitment of any destitute or neglected child, 
 said Supervisors, or their agent, shall be summoned by 
 the committing officer and heard as to whether the parent 
 or guardian of the child to be committed is entitled to the 
 aid of the City, and if on the return of the summons of the said 
 Supervisors, or their agent, further time is required by them, 
 or him, to make inquiry as to the pecuniary ability of said 
 parent or guardian, further time, not exceeding twenty-four 
 hours, shall be given. The wish and request of the parent or 
 guardian as to the place of commitment shall be respected, 
 unless good cause to the contrary be shown by the Supervisors. 
 The Supervisors of City Charities shall have power to place 
 foundlings in any proper institution with which the City has a 
 contract. 
 
 108. The Supervisors may admit into the Almshouse and 
 receive under their care, in addition to those paupers which the 
 laws of this State authorize and require, such indigent or dis- 
 tressed persons as in their opinion the dictates of humanity or 
 particular circumstances render proper or necessary. In cases 
 of emergency any Supervisor may direct the admission of any 
 destitute, indigent or distressed person to the Almshouse. 
 
 109. The Supervisors shall prescribe, provide for, and direct 
 all matters relating to the support, treatment and employment 
 of all paupers, vagrants and other persons in the Almshouse, 
 or any other place under their care and charge. 
 
 1 1O. The Supervisors shall procure, or erect and use all such 
 machinery, materials and implements as they shall think 
 
83 
 
 proper or necessary for any purpose connected with their duties 
 or the exercise of the powers vested in them. 
 
 The Supervisors shall meet at the Almshouse five times 
 in the year, to wit : in the first week of February, April, June, 
 October and December, or oftener, if they shall deem it neces- 
 sary ; and shall make by a majority of votes of such as may 
 be present, all such good and wholesome rules and by-laws as 
 they may think necessary and convenient for the maintenance 
 and employment of the inmates of said Almshouse. 
 
 Upon complaint made to the Supervisors by the Super- 
 intendent of said Almshouse, and due proof thereof, that any 
 pauper in said Almshouse has behaved in a disorderly manner, 
 or has neglected to obey and keep any of the rules and by-laws, 
 the Supervisors may order and direct such moderate and 
 proper correction for any such offence as the nature of the case 
 may require. 
 
 113. The Supervisors shall meet at the Almshouse on the 
 first Monday of April, yearly, and appoint a Superintendent of 
 said Almshouse, who shall receive a salary of one thousand six 
 hundred dollars per annum, payable monthly. They shall re- 
 quire such Superintendent to enter into bond with sufficient 
 security, payable to the Mayor and City Council of Baltimore, 
 in the penalty of five hundred dollars, for the faithful perform- 
 ance of the duties of his office. 
 
 114 - In addition to such other duties as the Supervisors may 
 prescribe, the Superintendent shall keep a regular list of all 
 poor, beggars, vagrants, vagabonds and offenders who shall be 
 committed to said Almshouse, and also regular accounts, in 
 writing, of all materials and other things which may come to 
 his hands, and of all expenses and charges attending their 
 maintenance and support, and of all moneys received by him 
 for the sale of the produce of their labor, and otherwise, as 
 Superintendent, and shall lay the same before the Supervisors 
 annually and whenever required. 
 
84 
 
 1 15 - The Supervisors may appoint a Purveyor of Provisions 
 to said Almshouse, and fix his salary at a sum not to exceed fif- 
 teen hundred dollars per annum. It shall be the duty of said, 
 Purveyor to provide and furnish provisions to said Almshouse 
 under the direction of said Supervisors, to whom he shall 
 annually return a statement or account of his receipts and 
 expenditures, to be examined and passed at their discretion. 
 
 116. The Supervisors shall require the said Purveyor to 
 give bond and security to be approved by them, and in such 
 penalty as they shall direct, conditioned for the faithful per- 
 formance of the trusts reposed in him, and upon failure to com- 
 ply with the conditions thereof, they may direct said bonds to be 
 put in suit, and any sum of money recovered in such suits shall 
 be applied to the use of said Almshouse. 
 
 None of the foregoing provisions in sections 104 to- 
 116 inclusive, shall apply to offenders, juvenile or adult. 
 
 118. The Visitors to the Jail shall be the second sub-de- 
 partment of Charities and Corrections, and the head of this- 
 sub-department shall be a board consisting of nine persons, 
 appointed by the Mayor in the manner prescribed in section 25, 
 of this Article, who shall hold their offices as therein provided. 
 They shall serve without pay. One of their number shall; 
 be designated by the Mayor, who shall be President of said' 
 Visitors, and the said Visitors shall elect from their number 
 a Secretary. The Visitors to the Jail shall have charge and 
 control, supervision and regulation, of the Baltimore City 
 Jail and all reformatory, criminal and penal institutions be- 
 longing to the City. They shall also have supervision over 
 those persons committed to the criminal, penal and reformatory 
 institutions with which the Mayor and City Council of Balti- 
 more have contracts. The Visitors to the Jail shall have the 
 power to pass rules and regulations for their own government 
 and for the government of the Baltimore City Jail and the afore- 
 said institutions belonging to the City, not inconsistent with' 
 this Article, and shall perform such other duties as may be re- 
 quired of them by ordinances not inconsistent with this Article.- 
 
85 
 
 119. 7h e said Visitors shall meet on the first Tuesday of 
 -every month or at such other times as they may direct ; special 
 :meetings may be called at any time by the President, or any two 
 members, on giving three days' notice in writing to the mem- 
 ~bers. 
 
 120. The said Visitors shall have full power and authority, 
 ;as often as they may deem it necessary, to visit the jail and the 
 prisoners confined therein ; to make by-laws for the internal 
 -police and good government thereof, and for the preservation 
 of the buildings and other property. 
 
 121. The said Visitors shall regulate and provide the diet 
 -of the prisoners, procure necessary bedding and clothing for 
 
 their use ; make such repairs, alterations and improvements 
 in and about the jail as they may deem necessary, and provide 
 medicine and attendance for such of the prisoners as are sick. 
 
 122. All persons confined in Baltimore City Jail, under sen- 
 tence of the Criminal Court of Baltimore, for offences punish- 
 
 ;able by confinement therein, or committed by any Judge, Court, 
 Justice of the Peace, or other lawful authority having jurisdic- 
 tion to commit such person to said jail, either as a punishment 
 for the violation of any law or ordinance, or under or by virtue 
 of any law or ordinance, or for failure to pay any fine or costs 
 imposed upon such person by any such Judge, Court, Justice 
 of the Peace or other lawful authority, shall be kept by the Vis- 
 itors to the Jail at hard labor in some useful employment. The 
 said Visitors to the Jail shall frame such regulations as shall 
 be necessary o the industry, quiet and discipline of such per- 
 sons, and shall have them kept separate from persons in con- 
 -finement awaiting trial, or for other causes. 
 
 123. The said Visitors shall also require all vagrants con- 
 fined in said jail to work and labor about the premises. 
 
 124. The said Visitors may, with their consent, employ 
 other persons confined therein in such work and labor in and 
 -about the premises as may be consistent with their safe-keep- 
 ing, and shall keep an account of the earnings of such persons, 
 :and shall, upon their discharge, allow them two-thirds of the 
 met proceeds thereof, to be ascertained by the Visitors. 
 
86 
 
 125. The said Visitors shall keep regular books of accounts,. 
 in which the whole expenses of the jail, whether for supplies,, 
 salaries of officers, repairs or incidentals, shall be distinctly 
 stated. 
 
 126. The said Visitors shall appoint a fit person as Warden 
 of the Baltimore City Jail. They shall allow the said Warden 
 and his assistants and other employees and servants such com- 
 pensation as in their judgment is proper, not to exceed in the- 
 aggregate the amount appropriated by ordinance. The said 
 Visitors shall at their will and pleasure remove the said Warden. 
 
 It shall be the duty of the Warden of the Baltimore 
 City Jail to take charge of the prison and prisoners therein, and 
 exercise, during his continuance in office, the same powers, and 
 be subject to the same forfeitures, and be responsible for escapes 
 in the same manner, and to the same extent, as sheriffs of the 
 respective counties, and he shall perform such other duties as- 
 shall be required of him by said Visitors. 
 
 128. The said Warden, before he enters upon the duties of 
 his office shall give bond to the State with good security 
 to be approved by the Visitors, in the penalty of ten thousand 
 dollars, conditioned for the faithful performance of his duty as 
 Warden, and for the safe keeping of all such persons as shall be 
 committed by legal authority to the Baltimore City Jail, which 
 bond shall be filed with the Comptroller. 
 
 129. The said Warden shall also take and subscribe an oath' 
 that he will duly and faithfully execute the duties and trusts, 
 and exercise the powers committed to and vested in him as 
 Warden of the Baltimore City Jail. 
 
 130. The Visitors shall prescribe the number and duties of 
 the assistants who may be necessary to be employed by said 
 Warden, but the Warden shall have the appointment and re- 
 moval of such assistants, subject to the approval of the Visitors,. 
 and shall fix their compensation, not to exceed in the aggregate 
 the amount appropriated by ordinance. 
 
87? 
 
 131 All commitments of prisoners to the Baltimore City 
 Jail shall be directed to the Warden of said jail, whose duty it 
 shall be to receive the prisoners from the officers having them 
 in charge. 
 
 132. Xhe Warden shall conduct all prisoners in his custody 
 to and from the courts, when the said courts shall direct him to 
 do so. 
 
 133. The Warden shall account with the Visitors for all 
 sums of money which he may collect from any source connected 
 with the institution. 
 
 134. Xhe Visitors shall annually, during the month of Jan- 
 uary, make out and lay before the Mayor and City Council 
 of Baltimore a full statement of all the public money received 
 by them from the Register of the said City or from any other 
 source, and the manner in which it has been expended. 
 
 135. No spirituous or malt liquors shall be disposed of, sold 
 or given away within said jail, and any employee or servant of 
 said jail disposing of, selling or giving away, or being concerned 
 with others in the disposal, selling or giving of any spirituous or 
 malt liquors as aforesaid to any person coming to said jail 
 on a visit, or to any prisoner confined therein, or to any other 
 person, except by order of the attending physician, shall forfeit 
 and pay the sum of one hundred dollars, to be recovered by in- 
 dictment, one-half to go to the informer, and the other half to be 
 applied to the use of the City. 
 
 136. If the Warden or his Assistant, or any employee or 
 servant of said jail, shall introduce any such spirituous or 
 malt liquors, or suffer them to be introduced as aforesaid, 
 knowing it to be contrary to law; or shall permit any person 
 (with the exception of the attorney of a person confined in said 
 prison) to enter said jail without license, as herein provided, 
 each and every one of them so offending shall be suspended 
 from his office and be incapable of holding any office or charge 
 within said prison for the space of one year thereafter. 
 
88 
 
 137. No person, except the attorney of a prisoner, shall be 
 permitted to visit a prisoner within said jail or lot, unless by 
 special license from the Warden, or some Judge, or other person 
 legally authorized to give the same. 
 
 138. All persons hereafter sentenced to be imprisoned in 
 said jail for offences by the Criminal Court of Baltimore shall 
 be kept on prison fare, and not be allowed any other food or 
 drink, unless by the written direction of the physician of the 
 jail. 
 
 139. All persons who shall hereafter be convicted of any 
 offense punishable by confinement in said Baltimore City Jail, 
 and confined in said jail under a sentence for a longer period 
 than two calendar months, shall each have a deduction from 
 their several terms of sentence of five days for each and every 
 calendar month during which no charge of misconduct shall 
 have been sustained against them, and they shall be discharged 
 at the expiration of their respective terms of sentence, less the 
 time so deducted, and a certificate of the Warden of said jail 
 of such deduction shall be entered on the warrant of commit- 
 ment ; provided, that if, during the term of imprisonment, the 
 prisoner shall commit any act of insubordination or other vio- 
 lation of discipline, the Visitors to the Jail may, at their discre- 
 tion, reduce or annul entirely such deductions. 
 
 140. All persons confined in said jail under the provisions 
 of the preceding section shall be kept separate from such per- 
 sons as are in confinement for offenses other than those referred 
 to in the preceding section, or who may be awaiting trial. 
 
 141 The Warden of the Baltimore City Jail shall pre- 
 pare and send to the Judge of the Criminal Court of Balti- 
 more, on each and every Saturday, a full and complete list of the 
 names of all persons who are committed to his custody by the 
 Justices of the Peace of said City, either as vagrants or in default 
 of security to keep the peace ; and the Judge of the said Court 
 shall have full power to review the said commitments ; and 
 upon examination of the various cases so reported to him by 
 the Warden of the Jail as aforesaid, he shall discharge or re- 
 
89 
 
 commit the said parties for a term not to exceed six months, 
 as in his discretion may be most conducive to the preservation 
 of public peace and order. The Justices of the Peace of the City 
 of Baltimore are prohibited from charging costs in the cases 
 above named, unless the parties are recommitted by order of 
 the Judge of said Court. 
 
 142. When any person arrested in the City of Baltimore 
 shall be held in custody until such person can give security to 
 keep the peace, or shall be committed to jail or the House of 
 Correction in default of such security, such person shall be 
 chargeable with and shall pay all the costs prescribed by the 
 laws of this State for such arrest, commitment, or giving security 
 to keep the peace, and in default of the payment thereof shall be 
 committed to jail until such costs and the costs of his release 
 shall be paid, or until thence discharged by due course of law ; 
 and said costs shall be accounted for and paid over by said re- 
 spective Justices of the Peace so sitting at the respective sta- 
 tion houses in the manner in which all costs paid to such Jus- 
 tices of the Peace so respectively sitting at such station houses 
 in the City of Baltimore, are now or may hereafter be required 
 by law to be accounted for and paid over. 
 
 143. Whenever any person has been committed to the Bal- 
 timore City Jail on the charge of drunkenness or disorderly 
 conduct, and he is deemed by the physician in charge of said 
 jail a proper subject for the Almshouse, the Visitors to the Jail 
 shall have power to transfer said person to said Almshouse. 
 
 144. Whenever any person has been committed to the Bal- 
 timore City Jail on the charge of drunkenness or disorderly 
 conduct who is affected with any form of disease that in the 
 judgment of the physician of said jail would require a longer 
 time than the term of sentence to cure, or in any case where 
 the accommodation, comfort, care and nursing cannot be fur- 
 nished by the said jail, or in case of any person who may be 
 insane at the time of committal, or become insane during the 
 term for which committed, the said Visitors to the Jail shall 
 liave the power to release and send such person to his or her 
 
90 
 
 home, or to some infirmary, hospital or to the Almshouse, 
 where provision has been made by the City of Baltimore for the 
 reception of such cases. 
 
 Department of Review and Assessment. 
 
 145. There shall be a Department of Review and Assess- 
 ment of the Mayor and City Council of Baltimore, composed 
 of the Appeal Tax Court and the Commissioners for Opening 
 Streets. The head of this department shall be the Board of 
 Review and Assessment, to consist of the President of the Ap- 
 peal Tax Court, the President of the Commissioners for Open- 
 ing Streets, and the Mayor ex officio. The President of the said 
 Court shall be the President of the Board of Review and Assess- 
 ment. This Board shall be for consultation and advice, but it 
 shall have no power to direct or control either sub-department. 
 It shall perform such duties as may be prescribed by ordi- 
 nances not inconsistent with this Article. 
 
 146. The Appeal Tax Court shall be the first sub-de- 
 partment of Review and Assessment, and its head shall be a 
 bench composed of three members, appointed by the Mayor 
 in the manner prescribed in section 25 of this Article, and re- 
 movable as therein provided. One of their number shall be 
 President, and shall be so designated when appointed by the 
 Mayor. Their term of office shall be for three years, one mem- 
 ber to retire every year; except that the members of the Court 
 first appointed shall determine by lot their terms of office, so as 
 to provide for the termination of the term of one member each 
 at the end of the first and second years. Each member of said 
 Court shall receive a salary of two thousand dollars per annum, 
 payable monthly. The said Court shall appoint a Clerk, who 
 shall receive a salary of one thousand six hundred dollars per 
 annum, payable monthly, and shall perform such duties as the 
 Court may prescribe. The said Court may also appoint such 
 other employees as the City by ordinance may direct. 
 
 147. The said Court shall meet from time to time for the 
 purpose of hearing appeals and making transfers and correct- 
 ing the accounts of assessable property charged to taxpayers^ 
 
91 
 
 and the assessment thereof. The said Court may also appoint 
 such number of assessors as they may deem necessary in inves- 
 tigating and ascertaining all omitted and taxable property, and 
 assessing and returning the same to the said Court, not to ex- 
 ceed such number as by ordinance may be authorized. 
 
 148. Every assessor provided for in this sub-division of this 
 Article shall annually inform himself, by all lawful means, of all 
 property, real and personal, and stocks or investments in the 
 City, liable to taxation or assessment, and which may have been 
 omitted in the assessment, and all buildings and improvements, 
 and all property created or acquired since the last assessment, 
 and shall value the same at the full cash value thereof, and shall 
 make return thereof to said Court, and for the purposes of this 
 section the said assessors are hereby clothed with the powers of 
 general assessors, and their valuation shall be subject to re- 
 vision and correction by said Court. 
 
 149. The assessors shall be allowed such compensation for 
 the performance of their duties as the City may by ordinance 
 direct. 
 
 150. Before increasing the assessment of any property 
 which has been theretofore assessed, or adding any new prop- 
 erty not valued and returned to them by the proper assessor, 
 it shall be the duty of the said Court, as the case may be, to 
 notify the owner of such property by written or printed sum- 
 mons, containing such interrogatories in regard to the prop- 
 erty as they may require to be answered on oath, and appoint- 
 ing a certain day for such owner to answer such interrogatories, 
 either orally or in writing, and to make such statement, or pre- 
 sent such proof as he may desire in the premises; and such notice 
 shall be served on such owner or left at his place of abode at 
 least five days before the day of hearing appointed in such sum- 
 mons. Such owner may answer the interrogatories con- 
 tained in such summons, and may appear on such return day 
 and answer the same under oath, orally, before said Court, and 
 may present such testimony as he may desire and said Court 
 may think necessary and proper to be heard. In case such 
 owner, after being summoned, shall fail to answer in writing on 
 
92 
 
 oath, or to appear and answer orally such interrogatories, such 
 Court, after such return day has passed, may proceed to re- 
 value and re-assess said property, or add such new property, 
 according to its best judgment and information in the prem- 
 ises ; but no such re-valuation and re-assessment shall be made 
 'by such Court without giving such notice ; provided, that noth- 
 ing in this section shall be construed to apply to the valuation 
 -and assessment of new improvements or new property discov- 
 ered and assessed and returned to the said Court by the proper 
 assessor whose duty it is to assess and return the same. 
 
 151. The City Register shall on each first day of May, July 
 and September make out and deliver to the said Court a full 
 and accurate list of the holders of all loans of the City, the in- 
 terest of which is payable on such respective dates. 
 
 152. Xhe said Court shall in each year carefully examine 
 the said lists and correct the same by striking therefrom all the 
 holders of said stock who may be exempt from taxation on said 
 stock, and shall, on or before the first day of September, an- 
 nually deliver one copy of the said list, as corrected by them, to 
 the City Register, and one copy thereof to the State Comp- 
 troller, setting forth distinctly in said copies the assessed value 
 of the stock mentioned therein. 
 
 153. The City Register shall retain from the interest paid 
 on the several City loans to the holders thereof, included in the 
 said corrected list returned to him by the said Court, the State 
 tax imposed for the current year on such loans by the Code of 
 Public General Laws. He shall make such deductions from 
 the installments of interest payable respectively on the first 
 days of May, July and September, and he shall, as soon as 
 practicable after the first day of September of each year, pay 
 over such State tax to the State Comptroller. 
 
 154 - If the City Register shall at any time fail to make out 
 and deliver to the said Court the lists of holders of the said 
 stock loans as herein required, it shall be the duty of the said 
 Court to ascertain in such manner as they may deem most ac- 
 curate the amount of said stock loans of the Citv of Baltimore 
 
93 
 
 outstanding on the first day of May, July and September in. 
 the year in which such failure or refusal shall take place, and 
 on or before the first day of September in said year make and 
 deliver one copy of a statement certified by them, showing; 
 the amount of said stock so ascertained by them, and its 
 assessed value, to the City Register, and one copy thereof to 
 the State Comptroller; and the City Register shall thereupon 
 'pay the tax aforesaid, which he is in section 153 of this Article 
 directed to deduct from the interest payable on said loans; but 
 the City Register shall not be required to set apart and pay 
 over the said tax on any part of said stock loans which he may 
 satisfy the State Comptroller by a certificate to that effect,, 
 signed by the said Court, or by other satisfactory evidence, was 
 held on the first day of May, July and September in the year 
 for which the tax may become due, and by any person en- 
 titled under the laws of this State to hold the same free from 
 taxation. 
 
 155 - Each member of the said Court shall receive fifty dol- 
 lars, annually, for the service required in the three preceding 
 sections ; and the City Register, the sum of three hundred dol- 
 lars for the services therein required of him ; the said sums to 
 be paid by the Treasurer on the warrant of the State Comp- 
 troller in pursuance of Article Si, section 93, of the Code of 
 Public General Laws. 
 
 156. Whenever any person shall make application for an. 
 allowance or deduction on account of the sale, transfer, aliena- 
 tion, loss or removal of any property, or the collection or pay- 
 ment of any public or private security for money, the said Court, 
 shall interrogate him on oath in reference thereto, and the dis- 
 posal of the same, and especially inquire of him to whom the 
 same has been sold or transferred, and the amount of the pur- 
 chase money or the money collected, and how the same has- 
 been invested. 
 
 157. The said Court shall also interrogate the said person 
 on oath in reference to any acquisitions or investments made 
 by him, and not already assessed, and the amount of all such 
 acquisitions and investments shall be added to his assessable 
 
94 
 
 property, and if he refuses to answer, no allowance or deduction 
 shall be made ; they shall also have power to summon before 
 them any person whom they may know or be credibly informed 
 has acquired new property, or whose account of taxable prop- 
 erty may, in their judgment, require revision and correction, 
 and examine such person on oath touching the same ; and any 
 person so summoned, and refusing to appear, and any person 
 refusing to be sworn, or to answer touching said amount or 
 touching his or her property, shall be liable to prosecution 
 therefor, and, upon conviction, shall be fined not exceeding fifty 
 dollars for each offense, to be collected as other fines are col- 
 lected. 
 
 158. Any person who shall remove to the City of Baltimore 
 from any County or City in which his property has been assessed, 
 and whose personal property has not been assessed in the 
 City of Baltimore, or any person whose property or some part 
 thereof, has not been assessed, shall, when required by said 
 Court, give to said Court a full and particular account of his 
 personal property in the County or City from which he has 
 removed, and of all the personal property in his possession or 
 under his care and management, liable to be assessed, and 
 which before that time shall not have been assessed in the City 
 of Baltimore, and the name of the person to whom it belongs. 
 
 159. if an y person shall, when required by. said Court, 
 after ten days' notice, neglect to render the account required in 
 the last preceding section, he shall be fined a sum not exceeding 
 fifty dollars, to be collected as other fines are collected ; and the 
 said Court shall, on its own knowledge and on the best informa- 
 tion they can obtain, value the property of such person to the 
 utmost sum they believe the same to be worth in cash, and on 
 the return of said valuation they shall certify the said refusal or 
 neglect, and the said Court shall assess such person according 
 to the sum so returned, and the same shall be collected as the 
 assessment. 
 
 160. Whenever any person shall apply to the said Court for 
 allowance or deduction on account of the removal of property 
 from the City of Baltimore to a County or City, the said Court 
 
95 
 
 shall ascertain of the party applying to what place within the 
 State the property has been removed, and shall inform the 
 proper authorities of the place to which the property is removed 
 of the fact of such removal. 
 
 161. The said Court shall direct their clerk to enter and re- 
 cord in a book or books, to be provided for the purpose, an ac- 
 curate and fair account of all property of every sort within the 
 City of Baltimore, subject to taxation, and the valuation and 
 assessment thereof, and an alphabetical list of the owners 
 thereof, properly arranged, according to the several wards of 
 the City of Baltimore and a correct description and location of 
 the said property so valued and assessed. Any owner of prop- 
 erty shall at all times be permitted to inspect the record of his 
 own property contained in said book. 
 
 162. The clerk of said Court shall transmit to the State 
 Comptroller annually, within thirty days after the annual 
 levy of taxes for the State, a return of the assessments of prop- 
 erty in the City of Baltimore, showing the amount thereof ; and 
 for neglecting or refusing to perform this duty the clerk so 
 neglecting or refusing shall be subject to presentment, and 
 'upon conviction thereof in the Criminal Court of Baltimore 
 
 City, to a penalty of one hundred dollars, for the use of the 
 State. 
 
 163. The State's Attorney of the City of Baltimore shall 
 give information of such neglect or refusal to discharge the 
 duties prescribed in the preceding section to the Grand Jury of 
 the City, upon being advised thereof by the State Comptroller. 
 
 164 - Repealed by Act of 1900, Chapter 4. 
 
 164A. The Appeal Tax Court of Baltimore City shall have 
 the power at any time to value and assess all personal 
 property and to revise such valuations and assessments and to 
 revise" all valuations and assessments of real property in 
 said City and to lower or increase said assessment of real or 
 personal property and to take steps for the discovery and assess- 
 ment of all unassessed property of every kind. And it shall 
 
96 
 
 be the duty of said Court at least once in every five years to 
 carefully make such general revision of all of the assessable 
 property in said City. Whenever said Court shall purpose to 
 alter or change any assessment or make any new assessment 
 they shall, before such assessment is made, give at least five 
 days notice thereof in writing to the owner of the property 
 to be assessed or reassessed, and if any owner be not found 
 within the limits of said City, then to the person in possession 
 of the property to be assessed or in whose custody the same 
 may be, or if it be land, and no one be in the apparent occu- 
 pancy thereof, then by a notice posted on said land. The said 
 Court in order to make any valuation, assessment, re-valuation 
 or re-assessment shall have power to summon before it any 
 person and to interrogate him in reference to the existence, 
 situation or value of any property liable to assessment by said 
 Court, and any person so summoned and refusing to appear, 
 and any person refusing to be sworn or to answer touching said 
 value, re-valuation or assessment, or touching his or her prop- 
 erty, shall be liable to prosecution therefor, and upon convic- 
 tion, shall be fined not exceeding one hundred dollars, to be 
 collected as other fines are collected. 
 
 164B. if anv clerk, assessor or employee appointed by the 
 Appeal Tax Court shall neglect to perform the duties required 
 of him by law or by said Court, he shall be liable to be dis- 
 charged by said Court in its discretion; and if any such clerk, 
 assessor or employee shall receive any consideration or pay- 
 ment designed or intended to influence his conduct or act in 
 the performance or omission of his duties as prescribed by law 
 or by said Court as such clerk, assessor or employee, or shall 
 corruptly do or permit to be done or omit to do any act in dis- 
 charge of his said duties he shall be liable to immediate dis- 
 missal by said Appeal Tax Court, and shall be also liable to 
 indictment therefor, and upon conviction shall be fined not 
 exceeding five hundred dollars for each offense and also to 
 imprisonment in the jail or penitentiary for not more than one 
 year, in the discretion of the Court. 
 
 165. Xhe clerks of the several courts in the City of Balti- 
 more shall annually, on or before the first day of October, 
 
97 
 
 transmit to the said Court a list of all the alienations of prop- 
 erty, chancery sales made by trustees and finally ratified, and 
 of all judgments and decrees recorded in their respective offices 
 or rendered in their respective courts since they last furnished 
 a list of the same, which list shall show the property alienated, 
 and the amount due on the judgments or decrees, so as to 
 enable the said Court to assess the parties to whom the prop- 
 erty is conveyed or the money due. 
 
 166. No person shall be chargeable with the assessment of 
 property which he may have alienated, but the same shall be 
 chargeable to the alienee ; and the said Court shall, from time 
 to time, correct the account of any person who may have parted 
 with the possession of any property, and the same so taken off 
 shall be charged to the person who may have acquired posses- 
 sion of the property, unless the same shall have been removed 
 from the City. 
 
 167. The said Court is directed to alter and correct the 
 account of any person who may have disposed of or acquired 
 .any property since the last assessment, or whose property or 
 any part thereof may have been omitted, if the report of such 
 disposition, acquisition or omission be supplied by satisfactory 
 evidence ; and if real estate or other property shall from any 
 cause have increased or decreased in value since the last 
 assessment the said Court shall correct and alter the assessment 
 of the same, so as to conform to its present value. 
 
 168. The Register of Wills of Baltimore City shall annually, 
 on or before the first day of October, return to the said Court 
 a. summary account of all property that shall appear by the rec- 
 ords of the Orphans' Court of Baltimore City to be in the hands 
 of each executor, administrator or guardian as such ; and all 
 such property, if not before assessed, shall then be assessed, and 
 every executor, administrator or guardian shall be liable to pay 
 the taxes levied thereon, and shall be allowed therefor by the 
 Orphans' Court in his accounts, and the said Register of Wills, 
 for the duties imposed by this section, shall be allowed such 
 compensation as the said Appeal Tax Court may deem proper. 
 Should the clerk or Register fail to perform the duties imposed 
 
98 
 
 by this section, he shall be guilty of a misdemeanor, and shalli 
 be liable to indictment, and on conviction shall be fined not 
 exceeding one hundred dollars. 
 
 169. i n a ii cases where discoveries of assessable property 
 are made by the said Appeal Tax Court, either from the returns 
 of clerks, registers or assessors, or in any other way, the said 
 Court shall assess the same, and add the same to the amount on* 
 which taxes are to be levied. 
 
 Any person or persons, or corporation assessed for 
 real or personal property in the City of Baltimore and claiming 
 to be aggrieved because of any assessment made by the said 
 Court, or because of its failure to reduce or abate any existing 
 assessment, may by petition appeal to the Baltimore City Court, 
 to review the assessment. The Mayor and City Council of" 
 Baltimore may also appeal from any decision of said Court to- 
 the Baltimore City Court if it deem the public interests require- 
 that the decision of said Court should be reviewed. The peti- 
 tion in such appeal, other than the petition of the City, shall 
 set forth that the assessment is illegal, specifying the grounds- 
 of the alleged illegality, or is erroneous by reason of overvalu- 
 ation, or is unequal in that the assessment has been made by a 
 higher proportion of valuation than other real or personal prop- 
 erty on the same tax roll, by the same officers, and that the peti-- 
 tioner is, or will be, injured by such alleged illegality, unecfual 
 or erroneous assessment. The petition of the Mayor and City 
 Council of Baltimore shall set forth wherein the decision of said 
 Court is erroneous and such other facts as maybe necessary to 
 inform the Baltimore City Court of the claim of the City. A 
 summons shall issue for the respondent or respondents named 
 in the petition of the City returnable on such a day as the Balti- 
 more City Court may appoint for a hearing of the matter 
 averred in such petition. All such appeals shall be taken within 
 thirty days after an assessment has been made as aforesaid, or 
 within thirty days after the refusal to reduce or abate an exist- 
 ing assessment, or within thirty days after the action of said 
 Court complained of by the City. On such appeals the Balti- 
 more City Court shall appoint a day for hearing said appeals, 
 which shall not be less than five or more than thirty days after 
 
99 
 
 the expiration of the thirty days' limit for taking appeals as 
 aforesaid ; and shall direct the clerk of the said Baltimore City 
 Court to issue a subpoena duces tecum to the Judges of said Ap- 
 peal Tax Court, requiring them to produce and deliver to said 
 Baltimore City Court the record of the proceedings of the said 
 Appeal Tax Court, and all maps, plats, documents and other 
 papers connected with the said record ; the said Baltimore 
 City Court shall have full power to hear and fully examine the 
 subject and decide on said appeals, and for that purpose it is 
 hereby authorized and empowered to adjourn from time to 
 time, and may cause all or any of such appeals to be consoli- 
 dated, or may hear and decide them separately, and may re- 
 quire the said Judges of the Appeal Tax Court,their clerks, sur- 
 veyors or other agents and servants, or any of them, and all 
 such other persons as the Baltimore City Court may deem ne- 
 cessary to attend, and examine them on oath or affirmation ; 
 and may permit and require all such explanations, amend- 
 ments and additions to be made to and of the proceedings 
 as the Court shall deem requisite. The person or the City 
 appealing to the said Baltimore City Court shall have a trial 
 before the Court without the intervention of a jury, and the 
 Court sitting without a jury shall ascertain or decide on the 
 proper assessment, and shall not reject or set aside the record 
 of the proceedings of the said Judges of the said Appeal Tax 
 Court for any defect or omission in either form or substance, but 
 shall amend or supply all such defects and omissions, and as- 
 sess, increase or reduce the amount of the assessment, and al- 
 ter, modify and correct the records of proceedings in all or any 
 of its parts, as the said Baltimore City Court shall deem just 
 and proper, and shall cause the proceedings and decisions on 
 said appeals to be entered in the book containing the record of 
 proceedings of the said Baltimore City Court, certified by the 
 Clerk under the seal of the Baltimore City Court, and the book 
 to be transmitted to the Judges of the said Appeal Tax Court, 
 which shall be final and conclusive in every respect, unless an 
 appeal be taken to the Court of Appeals. Such record book or 
 copy of the proceedings therein, or any part of such proceed- 
 ings, whether in or out of Court, certified by the Judges of the 
 said Appeal Tax Court, under seal of said City, shall be evidence 
 in any Court in this State, and the Judge of said Baltimore City 
 
100 
 
 Court shall have full power, in his discretion, to require the cost 
 of any appeal or any part thereof, to be paid by all or any 
 of the appellants, or by the City, as the circumstances of 
 each appeal, in his opinion, shall justify. In no case shall 
 any such appeal stay or suspend the power or duty of the 
 City to levy or collect taxes upon the property involved in 
 said appeal, but such levy and collection shall proceed in 
 all respects as if no appeal had been taken. If a final judgment 
 shall not be given in time to enable the assessors or other 
 officers to make a new or correct statement for the use of the 
 proper authorities in levying taxes, and if it shall appear from 
 such judgment that said assessment was illegal, erroneous or 
 unequal, then there shall be audited, allowed and paid to the 
 petitioner by the Comptroller the amount, with interest there- 
 on from the date of the payment, in excess of what the tax 
 should have been, as determined by said judgment or order of 
 the Baltimore City Court. And if on the appeal by the City 
 the Baltimore City Court should decide that the valuation and 
 assessment was erroneous and less than what it should have 
 been, or that the property should be assessed, the Baltimore 
 City Court shall ascertain and fix the valuation and assessment 
 of said property, then the Comptroller shall audit and charge 
 the respondent or respondents with the difference in said valua- 
 tion and assessment as fixed by the Baltimore City Court and 
 that fixed by the Appeal Tax Court, which amount of differ- 
 ence shall be a lien on the property involved in the proceed- 
 ings. An appeal may be taken to the Court of Appeals by 
 either the petitioner or petitioners or the City within ten days 
 after the rendition of said judgment or order by the Baltimore 
 City Court, and the record shall be immediately transmitted to 
 the Court of Appeals, which Court shall immediately hear and 
 determine the questions involved in said appeal. 
 
 In the year eighteen hundred and ninety-eight, and 
 in all succeeding years thereafter, the valuation of the property 
 subject to taxation in the City of Baltimore, as it shall appear 
 upon the assessment books of said Court on the first day 
 of October in each and every year, shall be final and con- 
 clusive, and constitute the basis upon which taxes for the next 
 ensuing fiscal year shall be assessed and levied ; provided, 
 
101 
 
 that the foregoing provision shall not apply to property in 
 the City liable to taxation, and which may have escaped, or 
 which may have been omitted, in the regular course of valua- 
 tion, but such property shall be valued and assessed, and the 
 owner or owners thereof charged with all back and current 
 taxes justly due thereon, whenever the same may be discov- 
 ered and placed upon the assessment books, and provided that 
 the provisions of this section shall not apply to the taxes 
 levied for the year eighteen hundred and ninety-eight, after the 
 passage of this Article. The said Court shall, on the first day 
 of October, or as soon thereafter as practicable, in the year 
 eighteen hundred and ninety-eight, and in all succeeding years 
 thereafter, make out and deliver to the City Collector and 
 Board of Estimates each, a statement showing the valuation 
 and assessment of all the property subject to taxation in said 
 City, as it shall appear upon the assessment books of said 
 Court on said first day of October ; such statement shall 
 contain an alphabetical list of all owners to whom any prop- 
 erty in said statement has been valued and assessed, properly 
 arranged according to the several wards of the City, with the 
 location and description of the property of each of said own- 
 ers. The said statement shall be known as the taxable basis 
 for the next ensuing fiscal year, and after the levy of taxes, it 
 shall be designated as the tax roll for said year. The said 
 Court shall perform such other duties as may be prescribed by 
 law or ordinances not inconsistent with this Article. 
 
 172. Th e Commissioners for Opening Streets shall be the 
 second sub-department of Review and Assessment, and the 
 head of this sub-department shall be a Board composed of three 
 persons, appointed by the Mayor in the manner prescribed in 
 section 25 of this Article, and removable as therein pro- 
 vided. One of their number shall be President, and shall 
 be so designated when appointed by the Mayor. Their 
 term of office shall be for three years, one Commissioner 
 to retire every year; except that the Commissioners first ap- 
 pointed shall determine by lot their terms of office, so as to pro- 
 vide for the termination of the term of one Commissioner each 
 at the end of the first and second years. The said Commis- 
 sioners shall receive a salary of one thousand eight hundred 
 
102 
 
 dollars each per annum, payable monthly. The said Commis- 
 sioners shall be charged with the duty of opening, extending, 
 widening, straightening or closing any street, lane, alley or part 
 thereof situated in Baltimore City whenever the same shall 
 have been directed by ordinance to be done, and shall perform 
 such other duties as the Mayor and City Council of Baltimore 
 may by ordinance prescribe. The said Commissioners shall 
 appoint a Clerk, who shall be paid a salary of one thousand five 
 hundred dollars per annum, payable monthly, and shall per- 
 form, such duties as the Commissioners may prescribe. The 
 said Commissioners may also appoint such other employees 
 as the Mayor and City Council of Baltimore by ordinance may 
 direct, and fix their compensation, not to exceed in the aggre- 
 gate the amount appropriated by ordinance. 
 
 173. The Clerk of said Commissioners shall keep a record 
 of their proceedings in a book provided for the purpose, and in 
 such form as the City Solicitor may prescribe; and the said 
 Clerk shall record in said book all orders made by the Commis- 
 sioners in regard to the performance of their duties, and make 
 true copies of all notices by them directed to be published, and 
 of the certificate of the publication thereof, and shall perform 
 such other clerical duties as the said Commissioners shall 
 require. 
 
 174. When the said Commissioners shall assess a sum of 
 money to be paid by any person or persons, for benefits derived 
 by such person or persons from opening, extending, widening, 
 straightening or closing any street, lane or alley, or part there- 
 of, and shall assess a sum of money to be paid to the same 
 person or persons for damages sustained by said opening, 
 extending, widening, straightening or closing, it shall and may 
 be lawful, upon a certificate of title from the City Solicitor, for 
 the City Register or City Collector to receive from such person 
 or persons an assignment for the sum or sums so assessed as 
 damages aforesaid. 
 
 175. Whenever the Mayor and City Council of Baltimore 
 shall hereafter by ordinance direct the Commissioners for 
 Opening Streets to lay out, open, extend, widen, straighten or 
 close up, in whole or in part, any street, square, lane or alley, 
 
103 
 
 -within the bounds of this City, the said Commissioners, having 
 ...given the notice required by law of their first meeting to exe- 
 -cute the same, shall meet at the time and place mentioned in 
 -said notice, and from time to time thereafter, as may be neces- 
 sary, to exercise the powers and perform the duties required of 
 them by said ordinance, and shall ascertain whether any and 
 what amount of value in damage will thereby be caused to the 
 owner of any right or interest in any ground or improvements 
 within or adjacent to the City of Baltimore, for which, taking 
 into consideration all advantages and disadvantages, such 
 owner ought to be compensated ; and the said Commissioners 
 having ascertained the whole amount of damages for which 
 compensation ought to be awarded, as aforesaid, and having 
 
 added thereto an estimate of the probable amount of expenses 
 which will be incurred by them in the performance of the duties 
 required of them, as aforesaid ; and also of the expenses in- 
 curred by the City Register by reason of said proceedings, shall 
 proceed to assess all the ground and improvements within and 
 
 adjacent to the City, the owners of which, as such, the said 
 Commissioners shall decide and deem to be directly bene- 
 fited by accomplishing the object authorized in the ordinance 
 aforesaid ; and should the direct benefits, assessed as afore- 
 
 : said, not be equal to the damages and expenses incurred, the 
 balance of said expenses and damages shall be paid by the City 
 Register, and provided for in the general levy. 
 
 176 - In every case where it shall be necessary, in order to 
 effect the object proposed under any of the ordinances provid- 
 ing for tlie laying out, opening, widening or straightening in 
 whole or in part any street, square, lane or alley, that a portion 
 only of a lot and improvements shall be taken and used or 
 'destroyed, and the owner or owners thereof shall claim to be 
 compensated for the whole, the said Commissioners in such 
 cases may, if they deem it best and not otherwise, accept a 
 surrender in writing of the whole of said lot and improve- 
 ments, or the whole of said improvements, from said owner or 
 owners, in which event the said Commissioners shall ascer- 
 tain the full value thereof, as if the whole lot or lots and im- 
 prbvement or improvements, as the case may be, were neces- 
 .sary to be taken and used for such proposed object, and the 
 
104 
 
 whole amount of such valuation when finally decided on shall 
 be paid or tendered to the said owner or owners before any 
 part thereof shall be destroyed, removed or used, unless such 
 owner or owners shall assent thereto in writing, as now pro- 
 vided for by law ; and the said Commissioners, after giving 
 ten days' notice in two of the daily newspapers of the City of 
 the time and place, manner and terms of sale, shall sell by 
 public auction to the highest bidder the materials of any house 
 or houses which it shall be necessary to remove, in whole or 
 in part, and also the residue of any lot of which a part shall be 
 taken and used to effect the object confided to the Commis- 
 sioners, and which residue shall have been, with the consent 
 of the Commissioners aforesaid, surrendered by the owners as 
 aforesaid ; the purchase money to be paid when full possession 
 shall be given of the property or material so sold, and the said 
 Commissioners or a majority of them on receiving the purchase 
 money aforesaid, and not before, shall by a good and suffi- 
 cient deed convey the lot or lots of ground by them so sold 
 to the purchaser; but no such sales shall be made until after 
 the Commissioners have assessed the entire amount of dam- 
 ages and expenses as are now to be assessed by existing ordi- 
 nances relating to the condemnation of streets, nor until all 
 damages for taking said property shall have been paid or ten- 
 dered to the proper party or parties or invested or paid into 
 Court as by law required, nor until the said Commissioners 
 are able to give possession to the said purchaser or purchasers 
 of property and materials aforesaid, and the said Commis- 
 sioners are duly empowered to take and receive a good and 
 sufficient bond from the purchaser or purchasers aforesaid,, 
 with a penalty to the Mayor and City Council of Baltimore, 
 conditioned that the purchase money be duly paid at such time 
 as the said Commissioners shall demand the same, and condi- 
 tioned further that said purchaser or purchasers shall remove 
 within sixty days after notice from the said Commissioners 
 from the bed of the street all such materials so sold, and all 
 rubbish or other obstructions in said street occasioned thereby;: 
 and in the event of the purchaser or purchasers not comply- 
 ing with the terms of said sale, the Commissioners shall re-sell 
 the said lot or lots, and improvement or improvements, as the 
 
105 
 
 case may be, at the risk of the former purchaser, giving not 
 less than five days' notice of said re-sale in two of the daily 
 newspapers of the City aforesaid ; provided, however, that 
 where, in the judgment of said Commissioners, a part only of 
 the whole of the improvements of any lot can be taken without 
 destroying the whole of said lot or said improvements, for the 
 purpose for which lot or improvements are used, or for build- 
 ing purposes, the said Commissioners shall only condemn such 
 part of said whole lot or improvements as is necessary for the 
 proposed object, and shall award to the owner or owners of 
 the part of the lot or improvements so taken such damages and 
 assess upon the remainder thereof such benefits as in their judg- 
 ment shall be right and proper; and provided, further, that in 
 all cases where there are sheds or other obstructions lying and " 
 being in beds of streets, lanes, roads or alleys, in process of 
 opening- or widening, where the same will not, in the judg- 
 ment of the Commissioners for Opening Streets, sell by public 
 auction for the amount of the expenses of said sale, then the 
 said Commissioners for Opening Streets may, and they are 
 hereby authorized, to sell the same at private sale. 
 
 As soon as the Commissioners aforesaid shall have 
 completed the valuation of damages to be ascertained by them 
 as directed by this Article, they shall cause a statement thereof 
 to be made out for the inspection of all persons desiring infor- 
 mation of its contents, and such statement, together with an 
 explanatory map or maps, shall contain a description of each 
 separate lot or parcel of ground deemed to have sustained 
 damages, its dimensions, the name of the street, lane or alley on 
 which it bounds, the names of all persons supposed to have any 
 estate or interest in it, and the amount of damages as valued 
 by the Commissioners ; and if there be any house or other im- 
 provements on it, necessary to be removed, in whole or in part r 
 such description thereof as the Commissioners shall deem nec- 
 essary ; and in like manner a description of each parcel of 
 ground deemed by the Commissioners to be benefited, the 
 name or names of such person or persons as may be supposed 
 to have any estate or interest therein, and the amount assessed 
 thereon for benefits ; and the said Commissioners shall cause 
 a notice to be published for four successive days in two daily 
 
106 
 
 newspapers of the City, stating the extent of the ground covered 
 by the assessment, and that such statement and maps are ready 
 for the inspection of all persons interested therein ; and that 
 the Commissioners will meet at their office on a day to be 
 named in said notice, which shall be within ten days after the 
 first publication of such notice, for the purpose of reviewing 
 .any of the matters contained in such statement to which any 
 person claiming to be interested shall make objection ; and the 
 Commissioners shall meet at the time and place so appointed, 
 and shall hear and consider all such representations or testi- 
 mony on oath or affirmation, verbal or in writing, in relation to 
 any matter in said statement which shall be offered to them on 
 behalf of any person claiming to be interested therein ; and 
 the said Commissioners shall make all such corrections and 
 -alterations in the valuations, assessments and estimates, and all 
 other matters contained in the said statements and explanatory 
 map or maps aforesaid, as in their judgment shall appear to 
 them, or a majority of them, to be just and proper ; and they 
 may adjourn, from day to day, if necessary, to give all parties 
 claiming a review an opportunity to be heard, not exceeding in 
 the whole ten days ; and after closing such review the Commis- 
 .sioners shall make all such corrections in their statement and 
 explanatory map or maps as they shall deem proper, and 
 cause such statement as corrected to be recorded in their book 
 of proceedings, and certified under the hands and seals of the 
 said Commissioners and their Clerk, and shall deposit the same, 
 together with the explanatory map or maps, as finally corrected 
 by them, and similarly certified to in the office of the City 
 Register ; and it shall be the duty of the City Register within 
 five days after said proceedings shall have been deposited in his 
 office, to notify all persons interested by an advertisement, to 
 be inserted once a week for four successive weeks, in two of the 
 daily newspapers of the City, that the said assessment and maps 
 have been so placed in his office, and that the parties affected 
 thereby are entitled to appeal therefrom by petition in writing 
 to the Baltimore City Court. 
 
 It shall be the duty of the Clerk of the Commissioners 
 for Opening Streets to serve written or printed notice upon 
 each and every party or parties assessed for damages, caused by 
 
107 
 
 the condemnation and opening of any public highway ; pro- 
 vided, however that the service of such notice shall not be so 
 construed as to be one of the prerequisites to the condemnation 
 and opening of any street under any ordinance heretofore 
 passed, or hereafter to be passed. 
 
 179. The Mayor and City Council of Baltimore or any per- 
 son or persons, or corporations, who may be dissatisfied with 
 the assessment of damages or benefits, as hereinbefore pro- 
 vided, may, within thirty days after the return of the corrected 
 statement and map or maps to the Register, and the first pub- 
 lication of the notice thereof by the Register, appeal therefrom 
 by petition, in writing, to the Baltimore City Court, praying the 
 said Court to review the same, and on any such appeal the 
 Court may and shall appoint a day for hearing said appeal, which 
 shall not be less than five or more than thirty days after the ex- 
 piration of the thirty days limited for' taking appeals as afore- 
 said, and shall direct the clerk of the said Court to issue a sub- 
 poena dnces tccum to the City Register, requiring him to produce 
 and deliver to said Court the record of the proceedings of the 
 said Commissioners in the case, and all maps, plats, documents 
 and papers connected with such record, and the said City Court 
 shall have full power to hear and fully examine the subject, 
 and decide on the said appeal, and for that purpose is hereby 
 authorized and empowered to adjourn from time to time, and 
 may cause all such appeals to be consolidated, or may hear and 
 decide them separately, and may require the said Commission- 
 ers, their Clerk, Surveyor, or other agents and servants, or any 
 of them, and all such other persons as the Court shall deem 
 necessary, to attend, and examine them on oath or affirmation, 
 and may permit and require all such explanations, amendments 
 and additions to be made to and of the said record of the pro- 
 ceedings as the said Court shall deem requisite ; and the per- 
 sons appealing to the Baltimore City Court, as aforesaid, shall 
 be secured in the right of a jury trial, and the said Court shall 
 direct the Sheriff of Baltimore City to summon twelve or more 
 persons qualified to be jurors, and shall empanel any twelve 
 disinterested persons so summoned, or attending the Court, to 
 try any question of facts, and if necessary to view any property 
 in the City, or adjacent thereto, to ascertain and decide on the 
 
108 
 
 amount of damages or benefits, under the direction of the 
 Court ; and the said Court shall not reject or set aside the rec- 
 ord of the proceedings of the said Commissioners for any defect 
 or omission in either form or substance, but shall amend or sup- 
 ply all such defects and omissions, and increase or reduce the 
 amount of damages and benefits assessed, and alter, modify and 
 correct the said return of proceedings, in all or any of its parts, 
 as the said Court shall deem just and proper, and shall cause the 
 proceedings and decisions on said returns and appeals to be 
 entered in the book containing the record of the proceedings 
 of the Commissioners, certified by the Clerk, under the seal of 
 the Court, and the book to be transmitted to the City Register, 
 which shall be final and conclusive in every respect, unless an 
 appeal be taken to the Court of Appeals, and such record book, 
 or a copy of the proceedings therein, or any part of such pro- 
 ceedings, whether in court or out of court, certified by the City 
 Register under the corporate seal of the City, shall be evidence 
 in any court in this State, and the Judge of the Baltimore City 
 Court shall have full power, in his discretion, to add the reason- 
 able costs of any appeal, to be taxed by him, or any part thereof, 
 to the damages to be collected for opening or closing said 
 street, or to require such cost, or any part thereof, to be paid 
 by all or by either of the appellants, as the circumstances of 
 each appeal, in his opinion, shall justify. Upon every appeal 
 to the Baltimore City Court from any action of the Commis- 
 sioners for Opening Streets both the damages and benefits as- 
 sessed by the Commissioners to the appellant shall be open for 
 review and correction by the said City Court. 
 
 ISO. Whenever any ordinance passed by the Mayor and City 
 Council of Baltimore, providing for the condemnation and open- 
 ing, extending, widening or closing of any street, lane or alley in 
 said City, shall be set aside, or declared null and void by a court 
 of competent jurisdiction, to wit : the Baltimore City Court 
 or the Court of Appeals, in the event of an appeal to that tri- 
 bunal, or the same shall be repealed by the City, it shall be the 
 duty of the Comptroller immediately thereafter to draw his 
 warrant on the City Register in favor of any and all persons, 
 or their legal representatives, who may have paid into the City 
 Treasurv any sum or sums of monev on account thereof; which 
 
109 
 
 shall be forthwith paid out of any sums in the Treasury not 
 otherwise appropriated. The Comptroller shall likewise draw 
 his warrant on the City Register for the payment of all ex- 
 penses which may have been incurred by virtue of any such 
 ordinance, in carrying out the provisions thereof, for which the 
 City may be liable under existing ordinances. 
 
 If no appeal shall have been prayed, then within ten 
 days after the time hereinbefore limited therefor, or after the 
 return of the decision upon any appeal shall have been made to 
 the City Register, the said City Register shall transfer the said 
 Commissioners' return to the City Collector, who shall proceed 
 forthwith to notify the parties assessed for benefits by means 
 of bills specifying the several sums so assessed, and warning 
 them that if the same be not paid within three months from the 
 date of such transfer of said Commissioners' returns, he will 
 proceed to sell the specific pieces or parts of property on which 
 such unpaid sum or sums of money shall have been assessed, in 
 the manner, and after having given the notice directed by this 
 Article. 
 
 182. if the sums assessed upon the property specified shall 
 not be paid within the time above limited, the City Collector is 
 hereby directed to sell the property, or any part thereof, on 
 which such assessment has been laid, giving thirty days' 
 notice of said sale, in two of the daily newspapers published in 
 the City of Baltimore, the first insertion of said notice to be 
 made in said newspapers within sixty days after the expira- 
 tion of the time limited in this Article for the payment of 
 said benefits ; and the moneys so collected by the City Collector 
 shall be paid over by him to the City as other moneys are 
 directed to be paid over, to be by it paid to the persons entitled 
 to receive the same. 
 
 183. i n all cases in which the City Collector shall sell any 
 property on account of the non-payment of assessments made 
 for the opening, closing, widening or extension of any street, 
 lane or alley, it shall be his duty to sell said property to the ex- 
 tent, and subject to the same conditions which are provided by 
 ordinance for the sale of real estate in the City of Baltimore, 
 
110 
 
 charged with the payment of other taxes imposed by this cor- 
 poration ; and in the event of the purchaser or purchasers fail- 
 ing forthwith to comply with the terms of said sale, the City 
 Collector shall re-sell the same at the risk of the former pur- 
 chaser, giving not less than ten days' notice in two of the daily 
 newspapers of the City aforesaid; and after collecting the ben- 
 efit assessments he shall forthwith return the said Commission- 
 ers' proceedings to the Comptroller. 
 
 184. The City Collector, on receiving the full amount of the 
 purchase money on such sale, shall execute a deed of convey- 
 ance in favor of the purchaser or purchasers, or their assign 
 or assigns, which deed shall convey a fee simple or leasehold 
 estate, as the case may be, in and to such property, and after 
 deducting the costs of sales, advertising and other necessary 
 expenses, he shall pay the balance of such purchase money to 
 the City, which shall pay over the said balance, after deducting 
 the amount assessed on said property, to the person or persons 
 entitled thereto, on demand, without interest 
 
 185. All sums of money assessed by the Commissioners 
 aforesaid, upon property deemed by them to be benefited, shall 
 be and continue liens on each several piece of property so 
 assessed, to the amount of its particular assessment, until the 
 same shall be paid to the City; but no part of any street, square, 
 lane or alley shall be opened on or over the ground of any per- 
 son or persons, or corporation, adjudged by the Commissioners 
 to be entitled to damages for said opening, without the con- 
 sent, in writing, of the person or corporation so entitled, until 
 such damages shall be paid, or the amount thereof invested in 
 the City stock, for the use of each person or corporation entitled 
 to any part of the compensation for such damages, to the 
 amount of his, her or their respective right and interest therein, 
 of which investment the City Register's certificate, under the 
 corporate seal of the City, shall be competent proof. 
 
 186. Any person or persons not claiming title to any lot or 
 piece of property upon which any sums shall be assessed, as 
 aforesaid, may pay the amount of the sum so assessed, within 
 the time limited, to the City Register, and obtain his certificate 
 
Ill 
 
 of having paid such sum without claiming title to the property ; 
 and such payment shall vest in the person or persons paying 
 his, her or their heirs, the lien on such lot or property men- 
 tioned in this Article. 
 
 If it should so happen that any one or more of said 
 Commissioners should be interested in any particular case, the 
 Mayor shall make a temporary appointment of a Commissioner 
 or Commissioners, to act in the place and stead of such inter- 
 ested Commissioner or Commissioners, who shall take the oath 
 or affirmation, as the case may be, and in all respects conduct 
 himself and have all the powers as the other Commissioners 
 who are appointed by the Mayor. 
 
 188. Whenever any lot, or part of a lot, or parcel of ground 
 may be taken and included within the lines of any street, lane or 
 alley, or part thereof, and damages assessed therefor, and there 
 shall be an outstanding unexpired term of years therein, the 
 said Commissioners shall discriminate in their proceedings 
 between the value of fee simple or ground rent interest, and the 
 leasehold interest. 
 
 189. Whenever any obstruction shall have remained in any 
 street, lane or alley, or part thereof so opened, for the space of 
 sixty days after the proceedings of the said Commissioners 
 shall have been returned to the City Register, it shall be the 
 duty of said Commissioners to cause the same to be removed,. 
 and to draw on the Register for the expense so incurred, which 
 shall be paid by him, and the Mayor shall forthwith cause a 
 suit for the recovery of said expenses to be instituted against 
 the person or persons by whose default the said obstruction has 
 been suffered to remain, and the same, when recovered, shall 
 be paid to the Register for the use of the City. 
 
 190. I n each case of laying out, opening, extending, widen- 
 ing, straightening or closing up, in whole or in part, any street, 
 square, lane or alley, under the provisions of this Article, the 
 said Commissioners shall, for each and every day in which they 
 and their Clerk shall be actually engaged in the performance 
 of their duties, assess, as part of the expenses of their proceed- 
 
112 
 
 mgs, a per diein as to each of said Commissioners and their 
 Clerk, of four dollars, to be collected as other expenses are, and 
 to be paid to the Register for the use of the City. 
 
 191. When the proceedings of the Commissioners for 
 Opening Streets in any case are transferred by the City Regis- 
 ter to the City Collector, the City Register is authorized and re- 
 quired to pay all the expenses incurred by the Commissioners 
 under the said proceedings. But such expenses shall not re- 
 main unpaid more than six months after the completion of any 
 services performed under said ordinance; and the Comptroller 
 and Register are directed to pay, within six months after the 
 services have been completed, any such expenses, upon present- 
 ation of the proper vouchers or certificates from the Commis- 
 sioners for Opening Streets. 
 
 192. The Commissioners for Opening Streets, so soon as 
 they shall have completed their work on each street, shall de- 
 posit all papers and books relating thereto in the office of the 
 City Register. The said Commissioners shall perform such 
 other duties as may be required of them by ordinances not in- 
 consistent with this Article. 
 
 193. Whenever the owner or owners of the bed of any of the 
 streets, lanes or alleys of the City, as laid out on Pop- 
 pleton's plat, or on such plat as the City may adopt, for 
 the territory annexed under the Act of 1888, Chapter 98, shall 
 offer to convey the same to the City, it shall be the duty of the 
 Mayor to obtain the opinion of the City Solicitor in relation to 
 the title to the property and the legality of the deed or deeds, 
 and, if in the opinion of the Mayor, it will be right and proper, 
 and the public good will result therefrom, he is hereby author- 
 ized to receive, in the name of the Mayor and City Council of 
 Baltimore, any deed or deeds so offered to the City; provided, 
 that no deed shall be for less than one whole square, and that 
 the City shall not incur any expense in receiving the same; and 
 that a plat setting forth the location, together with the sur- 
 rounding property, to the extent of two hundred feet, shall ac- 
 company said deed. 
 
113 
 
 194. Whenever any street, lane or alley, or part thereof, 
 shall be conveyed to the City, as provided in the preceding sec- 
 tion, the same shall be a public highway, subject to all ordi- 
 nances and resolutions relating to streets, lanes and alleys in 
 the City of Baltimore. 
 
 195. The Mayor and City Council of Baltimore will not 
 entertain any petition for or remonstrance against the opening, 
 widening, straightening or closing of any street, lane or alley 
 in the City of Baltimore, unless the signers of such petition or 
 remonstrance shall state the location of the property they rep- 
 resent, together with the nurqber of front feet of the same. 
 
 Division Embracing Municipal Officers not Included in any Depart- 
 ment. 
 
 196. City Librarian. There shall be an official of the 
 Mayor and City Council of Baltimore, to be known as the City 
 Librarian. He shall be appointed by the Mayor in the man- 
 ner prescribed in section 25 of this Article and hold his office 
 
 as therein provided. The said Librarian shall, under the super- 
 vision and direction of the City Register, take under his charge 
 -and keeping all the books and documents of every description, 
 and the archives, records, papers and proceedings of the Mayor 
 and City Council of Baltimore, except as is otherwise herein 
 provided, now in the possession of other municipal officers, 
 entrusted with them by the City, or which may hereafter come 
 into the possession of the City, and also all the ordinances, reso- 
 lutions, and proceedings of the City Council after each and 
 every session thereof; and he shall arrange and classify, so as to 
 be easily found when needed, all the books, documents, records, 
 papers, ordinances and resolutions, and proceedings hereby 
 placed and hereafter to come under his charge and keeping; and 
 he shall furthermore carefully collect and arrange and safely 
 keep a complete series of ordinances and resolutions and pro- 
 ceedings of the Mayor and City Council of Baltimore, and all 
 -other books, papers and memorials relating to Baltimore, from 
 its beginning as a town to the present time, and this shall con- 
 tinue to be one of his regular duties, and he shall not permit any 
 book or books, or documents of said series to be taken or 
 
114 
 
 removed by any one from the City Library, and he shall permit 
 no other book, document, record or paper of any sort to be 
 taken from the City Library, except by City officers, and then, 
 only on a written receipt from such City officer or officers for the 
 same, which receipt shall be written in a book to be kept for that 
 purpose, and shall be duly cancelled on the return of the book, 
 documents, records or papers so borrowed ; and he shall see 
 that no books, documents, records or papers of any sort be lost 
 or mislaid by said City officers; he shall also carefully prepare 
 and keep an index for that purpose of all the books, documents, 
 records and papers of said library. Room shall be provided in 
 the City Hall, and properly furnished for the reception and 
 custody of said library. The salary of the City Librarian shall 
 be one thousand five hundred dollars per annum, payable 
 monthly ; and he shall give a good and sufficient bond, to be 
 approved as authorized by this Article, in the sum of five thou- 
 sand dollars, for the faithful performance of his duties in the 
 premises. 
 
 197. Each of the departments, sub-departments, municipal 
 officers not embraced in a department, and special commis- 
 sions or boards of the Mayor and City Council of Baltimore 
 shall, on or before the first day of December in every year, 
 furnish to the City Librarian a schedule of all stationery and 
 printed matter, which may be required for the use of such de- 
 partments, sub-departments, municipal officers and commis- 
 sions or boards for the year commencing on the first day of 
 January thereafter. It shall be the duty of the City Librarian 
 twenty days prior to the first day of January in each year, to 
 advertise for proposals for furnishing all such stationery and 
 printed matter as may be required by the respective depart- 
 ments, sub-departments, municipal officers and commissions 
 or boards of the City, except stationery for the public schools, 
 for the ensuing fiscal year. No proposals shall be received from 
 any but those actually engaged in the printing and stationery 
 business in Baltimore; such proposals, when received, shall be 
 opened, and the contracts awarded in the manner now or which 
 may hereafter be prescribed by ordinance; the right to reject 
 any bid that shall not be deemed for the best interest of the City 
 is hereby reserved. All contracts which may be awarded in pur- 
 
115 
 
 suance of the provisions of this section shall contain a clause 
 stipulating that any stationery or printed matter which may be 
 required for the use of any department, municipal officers and 
 commissions or boards aforesaid of the City, over and above 
 the quantity specially designated in said contracts, shall be fur- 
 nished by the contractors at the same rate charged for articles 
 which are specifically mentioned in said contracts, and if any 
 supplies are required which are not mentioned in said contract 
 they shall be furnished at the lowest market rates. It shall be 
 the further duty of the City Librarian to furnish to each of the 
 departments of the City, sub-departments, municipal officers 
 not embraced in a department and special commissions or 
 boards, from time to time, upon the requisition of the heads of 
 said departments, sub-departments, municipal officers and 
 commissions or boards, the stationery and printed matter, 
 except stationery for the public schools, which may be neces- 
 sary for the use of said departments, sub-departments, munici- 
 pal officers not embraced in a department and special commis- 
 sions or boards, and to keep an accurate account of all supplies 
 which may be so furnished ; and he shall annually report to 
 the City Council of Baltimore the quantity of stationery and 
 printed matter which he shall have furnished to the respective 
 departments, sub-departments, municipal officers and commis- 
 sions or boards during the preceding fiscal year, and the 
 expense of the same. 
 
 
 
 198. The City Librarian is hereby authorized and directed 
 to appoint two Assistants, to be known as First Assistant 
 Librarian and Second Assistant Librarian, who shall perform 
 such duties as the Librarian shall from time to time prescribe 
 and direct, and for whose acts the Librarian shall be held 
 responsible. The First Assistant shall give such bond as pro- 
 vided by ordinance and approved by the Mayor. In the event 
 of the necessary absence of the Librarian, from sickness or other 
 cause, the First Assistant, with the approbation of the Mayor, 
 shall have full power and authority to perform all the duties of 
 the Librarian. The salary of the First Assistant Librarian 
 shall be nine hundred dollars per annum, payable monthly, 
 and the salary of the Second Assistant shall be seven hundred 
 and fifty dollars per annum, payable monthly. 
 
116 
 
 199. There shall be opened, under the direction of the City 
 Librarian, a set of books in which shall be entered all requisi- 
 tions made upon the City Librarian from the different depart- 
 ments, sub-departments, municipal officers and commissions 
 or boards of the Mayor and City Council of Baltimore, 
 from time to time, and each department, sub-department, 
 municipal officer and commission or board shall be charged 
 with all books, stationery and printed matter it may re- 
 ceive from said Librarian; there shall be kept a record of 
 all bids received for books, stationery and printed matter and 
 of the acceptance or rejection thereof. The City Librarian 
 shall permit no bid once filed in his office to be withdrawn 
 therefrom. There shall be copied and filed away all contracts 
 made or entered into between bidders and the City Librarian ; 
 and there shall be annually prepared a general statement of all 
 the transactions of the City Librarian's office, and presented to 
 the City Council. 
 
 200. The City Library shall be kept open daily from 9 
 A. M. to 4 P. M., and during the sessions of the City Council 
 and at such other times as may be necessary or may be pre- 
 scribed by ordinance, with the Librarian or his Assistants in 
 attendance. 
 
 Art Commission. There shall be an Art Commission, 
 to consist of the Mayor of the City of Baltimore and seven 
 others, to be named by the following institutions, and appointed 
 by the Mayor in the manner prescribed by section 25 of this 
 Article, and hold their offices as therein provided: One shall 
 be named by the Maryland Historical Society, one by the 
 Johns Hopkins University, one by the Peabody Institute, one 
 by the Maryland Institute for the Promotion of the Mechanic 
 Arts, one by the Architectural Club of Baltimore, one by the 
 Board of Park Commissioners, and one by the Charcoal Club; 
 the members of the Commission shall serve without pay. If 
 any of said institutions shall fail to name a Commissioner for 
 thirty days after having been requested in writing by the Mayor 
 so to do, the Mayor shall name such Commissioner. 
 
117 
 
 202. No statue, ornamental fountain, arch or gateway, 
 monument or memorial of any kind shall be erected, nor any 
 change made in those already erected in any public street, 
 avenue, square, place, park or municipal building in the City 
 of Baltimore unless the design and site or proposed change 
 for the same shall have been submitted to the Commission and 
 approved by a majority thereof, and its report shall have been 
 made to the City Council; said report shall be made within 
 thirty days from the time when the design and site or proposed 
 change as above specified shall have been submitted to the 
 Commission for its approval. 
 
 203. The Commission shall, at the request of the Mayor, or 
 the City Council, give its advice as to the suitability of the de- 
 sign for any public building, bridge or other structure, and shall 
 report thereon in writing to the City Council. All vacancies in 
 said Commission shall be filled by the Mayor from those named 
 by the institutions as herein provided; and in case any of said 
 institutions fail for thirty days, after receiving the request of 
 the Mayor, to name a person to fill the said vacancy, the 
 Mayor shall fill it with a person of his own selection. 
 
 Superintendent of Lamps and Lighting. There shall 
 be a Superintendent of Lamps and Lighting, who shall be ap- 
 pointed by the Mayor in the manner prescribed in section 25 
 of this Article, and hold his office as therein provided. He shall 
 have under his charge and supervision the lighting of the City 
 of Baltimore, and shall perform the duties now performed by 
 the General Superintendent of Lamps and Inspector and Sealer 
 of Gas Meters, and such other duties as may be prescribed by 
 ordinances, not inconsistent with this Article. He shall have 
 power to appoint an assistant, who shall perform all the duties 
 now performed by the Inspector of Illuminating Gas and 
 Oils. The Superintendent of Lamps and Lighting shall have 
 the power to appoint such number of district superintendents 
 of lamplighters as the requirements .of the City may demand 
 and as are necessary to properly care for the lamps and lighting 
 of the City, and fix their compensation, not to exceed in the 
 aggregate the amount appropriated by ordinance. He shall 
 have power to appoint such clerks and employees as may be 
 
118 
 
 necessary to properly conduct his office, and as the annual 
 appropriations of the City for his use in the discharge of his 
 duties may warrant. The compensation of the Superintendent 
 of Lamps and Lighting shall be two thousand dollars per 
 annum, payable monthly, and his assistants and the clerks and 
 employees under him shall be paid such fixed salaries as may be 
 prescribed by ordinance, and not in fees ; all fines and inspection 
 fees shall be paid to the Comptroller. 
 
 205. Surveyor. There shall be a Surveyor, to be elected 
 on the Tuesday next after the first Monday of November in the 
 year eighteen hundred and ninety-nine, and on the same day in 
 every second year thereafter, and whose term of office shall 
 commence on the first Monday in January next ensuing after 
 his election; his duties and compensation shall be prescribed by 
 the ordinances of the Mayor and City Council of Baltimore. 
 Any vacancy in the office of Surveyor shall be filled by the 
 Mayor and City Council of Baltimore for the residue of the 
 term. 
 
 206. Constables. There shall be two Constables for every 
 ward of the City of Baltimore, who shall be appointed by the 
 Mayor and City Council of Baltimore, and hold their offices for 
 two years. Their duties and compensation shall be the same 
 as are now, or may hereafter be prescribed by law or ordinances. 
 
 207. Superintendent of Public Buildings. There shall be a 
 Superintendent of Public Buildings, who shall be appointed by 
 the Mayor in the manner prescribed in section 25 of this Arti- 
 cle, and hold his office as therein provided. The said Super- 
 intendent of Public Buildings shall provide for the watching, 
 cleaning and heating, and shall have charge of, the City Hall 
 and the buildings and offices in which the different Courts of 
 the City may be held and in which their records may be kept. 
 He shall receive a salary -of one thousand five hundred dollars 
 per annum, payable monthly, and perform such other duties as 
 may be provided by ordinances, not inconsistent with this 
 Article. He shall employ such assistants and employees, and 
 at such compensation as may be fixed by ordinance. 
 
119 
 
 208- Public Printer. There shall be a Public Printer, who 
 -.shall be elected on the second Monday of June, in the year 
 eighteen hundred and ninety-nine, and on the same day and 
 month in every second year thereafter, by a convention of both 
 Branches of the City Council. The Public Printer shall be a 
 reputable person, firm or corporation, who shall be bona fide 
 engaged in the printing business in the City of Baltimore, to 
 execute the printing required by both Branches of the City 
 Council, who shall perform the duties required of him, them 
 or it by ordinances not inconsistent with this Article, and who 
 shall, before he, they or it enter upon the discharge of his, 
 their or its duties as such, execute a bond to the Mayor and 
 City Council of Baltimore, in the penal sum of five thousand 
 dollars, with the condition that he, they or it will faithfully dis- 
 charge the several duties incumbent upon him, them or it, 
 which bond shall be deposited in such place as the Mayor may 
 select for depositing papers of this kind, and be delivered by 
 ihim to his successor in office. 
 
 LEGISLATIVE DEPARTMENT. 
 
 209. The Legislative Department of the Mayor and City 
 Council of Baltimore shall "be vested in the City Council, 
 which shall consist of two Branches, one of which shall be the 
 First Branch and the other the Second Branch. 
 
 210. The First Branch shall consist of one member from 
 each ward of the City, who shall be a citizen of the United 
 States, above the age of twenty-one years, a resident of the City 
 three years preceding his election, and for the same time a resi- 
 dent of the ward for which he is elected, and assessed with prop- 
 
 erty to the amount of three hundred dollars, who has paid taxes 
 on the same one year prior to his election, and shall hold his 
 office for two years. Each member of the First Branch shall 
 be paid a salary of one thousand dollars per annum, payable 
 monthly. 
 
 21 * The Second Branch shall consist of nine members, 
 one of whom shall be the President thereof, and shall possess 
 the qualification and be elected as hereinafter provided. The 
 other eight members shall be elected from the City of Balti- 
 
120 
 
 more at large, until the Mayor and City Council of Baltimore 
 shall divide the City of Baltimore into four Councilmanic Dis- 
 tricts, to be known as the first, second, third and fourth Coun- 
 cilmanic Districts, which shall each contain as near as possible 
 one-fourth of the population of the City of Baltimore, and shall 
 each be composed of six contiguous wards, according to their 
 numerical order, beginning with the first ward. After said 
 division, then two members of the Second Branch shall be 
 elected from each of said Districts. The members of the Sec- 
 ond Branch, excepting the President thereof, shall be citizens 
 of the United States above the age of twenty-five years, resi- 
 dents of the City of Baltimore four years prior to their election, 
 each of whom has been assessed with property in the said City 
 in the sum of five hundred dollars, and who has paid taxes on 
 the same for two years prior to his election, and said members 
 of the Second Branch shall hold their offices for four years, 
 except as provided in section 213 of this Article, and each of 
 them shall be paid a salary of one thousand dollars per annum, 
 payable monthly, provided, that the members of the Second 
 Branch of the City Council in office upon the date of the pas- 
 sage of this Article shall receive such compensation as they 
 would have been entitled to receive if they had served out the 
 full term for which they were elected. 
 
 212. The election for members of the First Branch shall be 
 held on the Tuesday next after the first Monday in May, in the 
 year eighteen hundred and ninety-nine, and upon every second 
 year thereafter. Said election shall be held by wards, and no 
 person shall be entitled to vote for any member of the First 
 Branch except for the member for the ward of which the voter 
 is a resident. The members of said Branch now in office shall 
 hold office until their successors have been elected under the 
 provisions of this Article, and have duly qualified. 
 
 213. The election for the said eight members of the Second 
 Branch shall be held on the Tuesday next after the first Monday 
 in May, in the year eighteen hundred and ninety-nine. Their 
 terms of office shall be for four years, except that the members 
 of the Second Branch first elected shall determine by lot their 
 terms of office, so as to provide for the retirement of one-half of 
 
121 
 
 the said members of the Second Branch at the end of the first 
 two years. On the Tuesday next after the first Monday in 
 May, in the year nineteen hundred and one, and in every second 
 year thereafter, an election shall be held for four members of 
 said Branch to fill the places of the members then retiring. 
 
 214. There shall be elected on the Tuesday next after the 
 first Monday in May, in the year eighteen hundred and ninety- 
 nine, and upon every fourth year thereafter, from the City at 
 large, a person to be the President of the Second Branch of the 
 City Council, who shall possess the qualifications required and 
 hereinbefore defined, of the Mayor of the City of Baltimore. 
 His duty shall be to preside over the Second Branch of the City 
 Council, and vote on all questions, and perform such other 
 duties as may be prescribed by ordinances not inconsistent 
 with this Article. He shall be paid a salary of three thousand 
 dollars per annum, payable monthly. A joint convention of 
 the two Branches of the City Council, by a majority vote of 
 all the members elected to the City Council, may remove from 
 office the President of the Second Branch for incompetency, 
 wilful neglect of duty or misdemeanor in office, upon charges 
 preferred by the Mayor, and after notice of such charges is 
 given to the President of the Second Branch, and an oppor- 
 tunity afforded him to be heard. 
 
 215. The qualifications of electors of members of the City 
 Council shall be the same as those of electors of the Mayor. 
 All vacancies in the First Branch shall be filled without delay 
 by the First Branch from the ward in which the said vacancy 
 occurs, by an election of a person possessing the qualifications 
 hereinbefore prescribed, to fill the unexpired term of the former 
 incumbent. If a vacancy occurs in the Second Branch, then 
 said Branch shall forthwith fill said vacancy by the election of 
 a person possessing the qualifications hereinbefore prescribed 
 from the City at large or from the proper Councilmanic District,, 
 if there be such District at that time. 
 
 216. The CHy Council shall meet on the Thursday next after 
 the third Monday in May, in the year eighteen hundred and 
 ninety-nine, and upon the same day in each year thereafter, and 
 
122 
 
 may continue in session for one hundred and twenty days, and 
 no longer, in each year; provided, that they may, by ordinance 
 or resolution, so arrange their sittings that the same may be 
 held continuously or otherwise; and provided further, that the 
 Mayor may convene the City Council in extra session, as he 
 may now do by the fourth section of the eleventh Article of the 
 State Constitution. 
 
 Each Branch of the City Council may compel the at- 
 tendance of absent members, in such manner and under such 
 penalties as it may by ordinance provide. The First Branch 
 shall appoint its own President, who shall preside at all its ses- 
 sions, and shall vote on all questions, and in case of the ab- 
 sence, sickness or other disqualification of the Mayor and the 
 President of the Second Branch, shall perform all the duties of 
 the office of Mayor during the period in which the sickness, 
 absence or disqualification of said officer shall continue. Each 
 Branch of the City Council shall judge of the election and quali- 
 fications of its own members, subject to appeal by petition of the 
 party aggrieved to the Baltimore City Court. With the con- 
 currence of three-fourths of the whole members of either 
 Branch, it may expel any member for disorderly behavior or 
 misconduct in office, but not a second time for the same offense. 
 Each Branch shall adopt its own rules of procedure, not incon- 
 sistent with this Article, appoint its own officers, regulate their 
 respective compensation not to exceed in the aggregate the 
 amount appropriated by the ordinance of estimates, and re- 
 move them at pleasure. Each Branch shall keep a journal of 
 its proceedings, and enter the yeas and nays on any question, 
 resolution or ordinance, at the request of any member, and the 
 deliberations of both Branches shall be public. 
 
 218. The Mayor and City Council of Baltimore shall have 
 power to pass all ordinances necessary to give effect and opera- 
 tion to all powers vested in the corporation of the City of Balti- 
 more. 
 
 219. Ordinances and resolutions of the Mayor and City 
 Council of Baltimore may be read in evidence from the printed 
 volumes thereof published by authority of said corporation. 
 
123 
 
 220. The style of all ordinances shall be: "Be it ordained 
 by the Mayor and City Council of Baltimore." 
 
 221. Every legislative act of the Mayor and City Council of 
 Baltimore shall be by ordinance or resolution. No ordinance 
 or resolution shall be passed except by the vote of a majority of 
 all the members elected to each Branch, and on its final pas- 
 sage the vote shall be taken by yeas and nays, the names of 
 members voting for and against the same being entered on the 
 journal. Every ordinance enacted by the City shall embrace 
 but one subject, which shall be described in its title, and no 
 ordinance shall be revived, amended or re-enacted by mere 
 reference to its title, but the same shall be set forth at length, 
 as in the original ordinance. And no ordinance shall become 
 effective until it be read on three different days of the session in 
 each Branch, unless all the members elected to the Branch 
 where such ordinance is pending shall so determine by yeas and 
 nays, to be recorded on the Journal, and no ordinance shall be 
 read a third time until it shall have been actually engrossed for 
 a third reading. 
 
 222. i n case it becomes necessary for the President of the 
 Second Branch to fill the unexpired term of the Mayor, as 
 herein provided, the Second Branch shall thereupon elect a new 
 President for the unexpired term, but they shall not elect as 
 such President one of their own number. 
 
 MISCELLANEOUS LOCAL LAWS. 
 
 ARBITRATION COURT OF. 
 
 223. The Board of Trade shall have power and authority to 
 create and organize within itself a Court of Arbitration for the 
 adjudication and settlement, according to the principles of law. 
 equity and commercial usage, or of either, applicable thereto, 
 of any and all controversies concerning or growing out of con- 
 tracts of sale, manufacturing or letting on rent; of the making 
 or negotiating or transfer of bills of exchange, promissory notes, 
 bills of lading, railroad, warehouse or similar receipts, and 
 other such commercial paper; of guaranties, of agency, of bail- 
 ment, of partnership, of insurance, of affreightment, or of any 
 
124 
 
 other transactions, of whatever specific class, pertaining to 
 trade, commerce, navigation, manufactures or mechanical 
 arts, or business connected with any of these, or contracts for 
 personal work, labor and service done or rendered, or to be 
 done or rendered, in and about the pursuit and transactions of 
 trade, commerce, navigation, manufactures or mechanical arts, 
 one or more of the parties to which controversies is or are 
 members of the said corporation, in all cases wherein such 
 controversy is by the consent of all the parties thereto, signi- 
 fied by a submission in writing, referred for adjudication and 
 settlement to said court. 
 
 224. i n order to the due and effective execution of the 
 power in the next preceding section granted, the said corpora- 
 tion shall have the further power, either directly in corporate 
 meeting, whether the regular annual meeting or a special meet- 
 ing called for the purpose by reasonable notice to all the mem- 
 bers, of the time, place and object thereof, by advertisement in 
 one or more of the daily newspapers of the City of Baltimore, or 
 else by delegation, in such meeting, by rule or otherwise, made 
 through the officers and directors, constituting the Board of 
 Directors or management of said corporation, in either case 
 by the concurring votes of a majority of the members of said 
 corporation or Board of Directors, as the case shall be, present 
 at such meeting of the one or the other for the purpose pro- 
 vided there be then and there a quorum present, as constituted 
 by the Constitution, Articles of Association or By-laws of the 
 said corporation or Board of Directors from time to time to 
 elect from among those persons who have been, or before any 
 such election shall have been, admitted to practice law in this 
 State, one learned in the law and possessing such other qualifi- 
 cations as the said corporation shall, by rule or regulation, as 
 hereinafter empowered, prescribe, whether such person be a 
 member of said corporation or not, unless otherwise provided 
 by such rule or regulation, as Judge of the said Court of Arbitra- 
 tion, and also to elect in like manner, or to provide for the elec- 
 tion or appointment of a Clerk of the said court; and shall have 
 power also, by rules and regulations duly adopted by the said 
 corporation in such corporate meeting as aforesaid, or by the 
 delegation of said corporation in such meeting made by its 
 
125 
 
 said Board of Directors, to define the duties, powers and func- 
 tions of the said Judge and of the said Clerk, and of any other 
 members or officers of the said Court of Arbitration provided 
 for as hereinafter is authorized, and to determine the jurisdic- 
 tion of the said Judge, original and appellate, whether sitting 
 alone or with laymen, members of the said corporation associ- 
 ated with him, and to fix the term of time for which the said 
 Judge and the said Clerk, respectively, shall be elected, and 
 the terms and conditions upon which each shall hold or con- 
 tinue to hold his office, and the amount and mode of the com- 
 pensation of each, not to be diminished, however, during the 
 currency of a term of office; to provide for the appointment 
 of temporary substitutes for the said Judge and the said Clerk, 
 or either, when from any cause this shall be necessary for the 
 prompt administration of the justice of the court, and also for 
 the appointment of lay arbitrators as members of the said cor- 
 poration, for the hearing and determination of a particular 
 case, either in the first instance with right to the parties, or 
 either of them, to appeal to the said Judge, or as assessors 
 associated with the said Judge when parties so choose, and to 
 define, in such cases, the powers, duties and authority of such 
 lay arbitrators or assessors; and also prescribe the forms and 
 modes of application, procedure, pleading, practice, trial and 
 process in the said court, in all the necessary details thereof, 
 and the effect of the awards and judgments or decisions of the 
 said court, as to the finality or conclusiveness or otherwise 
 thereof, and the methods and means of securing compliance 
 therewith by the parties; and also to regulate the costs and 
 fees to be paid by the parties to any such controversy so sub- 
 mitted, and the amount and time and manner of payment 
 thereof, and the disposition of such costs and fees; provided, 
 however, that no such rule or regulation shall be valid if it shall 
 be contrary to the general law of the State, or to natural right 
 or sound reason, or be intended to provide for enforcing pay- 
 ment or other performance of the award, judgment or decision 
 of the said court or Board of Arbitration by any final process of 
 execution otherwise than is directed in the succeeding section. 
 
 225. When, in any such case so submitted as is hereinbefore 
 provided, an award, judgment or decision shall have been ren- 
 dered by the said court or Board of Arbitration, that is, accord- 
 
126 
 
 ing to the rules and regulations hereinbefore authorized, final 
 and conclusive upon the parties, and shall have been recorded 
 by the Clerk of the said Court in a book to be provided and kept 
 for the purpose within a time limited therefor in the said rules 
 and regulations, the successful party shall have the right to 
 have the said original award, judgment or decision in writing, 
 signed by those members of the said Court or Board concur- 
 ring therein, and duly certified by the Clerk to be the original 
 award, judgment or decision, under his hand and seal of the 
 corporation; and if the said award, judgment or decision, shall 
 be for the recovery by the one party and payment to him by the 
 other, of a certain sum of money, the said successful party shall, 
 upon his filing the said award, judgment or decision so certified, 
 with the Clerk of the Superior Court of Baltimore City, or at his 
 option with the Clerk of the Court of Common Pleas of said 
 City, have the right to have the same entered by its proper style, 
 in the name of such successful party as plaintiff against the los- 
 ing party as defendant, in its order of time, upon the court calen- 
 dar or docket of causes to be called at the next succeeding term 
 or rule day of said court, whichever shall first occur, and upon 
 the call thereof in its course, to have judgment at once ordered 
 and entered up, as upon a verdict for the recovery of the same 
 amount, according to the practice of said court, and to have 
 process of execution for its enforcement and satisfaction in all 
 respects as if the said amount had been recovered by a judgment 
 of the said court in a regular suit between the same parties in the 
 same relative position on the record, there instituted and prose- 
 cuted in the ordinary modes of proceeding therein ; but if the 
 said award, judgment or decision shall be for the recovery by 
 the one party, and the surrender or delivery by the other to him 
 of the possession of specific property, the said successful party, 
 upon filing such award, judgment or decision, so certified as 
 aforesaid, with the Clerk of the Circuit Court of Baltimore City, 
 or such other court therein as shall at the time have jurisdic- 
 tion there of causes in equity, shall have the right, on or at any 
 time after the first day of the next succeeding term, or on or at 
 any time after the next succeeding rule day of the said court, 
 which ever shall first occur, to have, upon motion therefor, an 
 order made by the said court, affirming the said award, judg- 
 ment or decision, and making the same a decree of the said 
 
127 
 
 court, and to have the same enforced, if the recovery be of the 
 possession of land, freehold or leasehold, by a writ in the nature 
 of a writ of habere facias possessionem, such as the said court is 
 authorized to issue for the purpose of putting a purchaser under 
 its decree in possession of the land purchased by him, and to be 
 executed in the same manner and by the same officer against 
 such losing party to such award, judgment or decision, and any 
 and all and every other person in possession of said land, claim- 
 ing the same by virtue of a title derived from, through or under 
 such losing party, and acquired subsequently to the date of 
 such award, judgment or decision, which said writ the said court 
 is authorized and empowered to issue for this purpose upon 
 application in writing of such successful party to the said award,, 
 judgment or decision, in person or by attorney, verified by the 
 affidavit of himself or his attorney, unless good cause to the 
 contrary shall be shown by such party in possession within not 
 less than fifteen nor more than thirty days after notice in writing 
 of such application served upon such party in possession in per- 
 son ; and if the recovery be of the possession of personal chat- 
 tels, by such process of execution and compulsion as in the 
 chancery practice of this State is usual and proper for the en- 
 forcement of a decree for the specific delivery of personal chat- 
 tels. 
 
 ARBITRATION COMMITTEE OF THE CORN AND FLOUR EXCHANGE. 
 
 226. The Board of Directors of the Corn and Flour Ex- 
 change shall annually elect by ballot five members of the as- 
 sociation, who are not members of the Board, as a committee, 
 to be known as the Arbitration Committee of the Baltimore 
 Corn and Flour Exchange. The Board of Directors may, at 
 any time, fill any vacancy in said committee for the remainder 
 of the term in which such vacancy may happen. The duty of 
 the Arbitration Committee shall be to hear and decide any 
 controversies which may arise in business between the mem- 
 bers of said organization or said members and other persons as 
 may be voluntarily submitted to the said committee for arbi- 
 tration; and such members and persons may by an instrument 
 
128 
 
 in writing, signed by them and attested by a subscribing wit- 
 ness, agree to submit to the decision of said committee any 
 such controversy so arising as might be the subject of an ac- 
 tion at law or in equity, except claims of title to real estate. 
 
 227. The mode of proceeding of said Arbitration Commit- 
 tee shall be regulated by the by-laws of the corporation, which 
 shall be substantially complied with in all cases, without preju- 
 dice, however, to any award from merely formal irregularity. 
 The said committee shall have power to apply to any Justice 
 of the Peace for the City of Baltimore to issue subpoenas and 
 other compulsory process to procure the attendance of wit- 
 nesses before it; and all justices so applied to in writing, signed 
 by the chairman or acting chairman of said committee, shall 
 issue such process forthwith, the cost of the same, and of the 
 attendance of the witnesses so summoned, to be the same as in 
 civil suits before such justices, and to be collectible from the 
 parties on whose behalf the said witnesses shall be summoned 
 and attend, in the same manner and by the same means as if 
 adjudged to be paid by a judgment of the justice who shall act 
 in the premises in a civil suit between the same parties depend- 
 ing before him. A majority of said committee may act in all 
 cases, and a majority of such majority shall have power to 
 render an award in the name of and as an act of the committee. 
 No dissenting award or opinions shall be rendered or placed 
 among the proceedings, or upon the records of the committee 
 or the corporation; the award of the committee rendered in 
 conformity herewith, and as prescribed by the by-laws, shall 
 be conclusive on all parties to the submission. It shall in all 
 cases be in writing, signed by the members of the committee 
 who agreed upon it, and filed among the proceedings of the 
 committee, but copies shall be given by the secretary, with his 
 attestation and the seal of the corporation attached, to the re- 
 spective parties, as soon as may be after said award shall have 
 been rendered. 
 
 228 - If the parties to any submission shall agree to do so 
 they may stipulate as part of said submission, in writing, that 
 the award of the committee rendered in conformity herewith 
 and with the by-laws, shall stand and avail as against them to 
 
129 
 
 the same effect as a judgment or decree of a court of competent 
 jurisdiction, in which case either party desiring and entitled 
 to the enforcement of said award may file a copy of the same 
 and of the submission, attested under seal by the secretary 
 of the corporation, for record with the clerk of any court of 
 this State having jurisdiction of the subject-matter, and the 
 person against whom said enforcement is sought; and there- 
 upon it shall be the duty of said court, on motion or applica- 
 tion, ex parte, at any time after ten days from the filing of the 
 award, to enter judgment or decree thereupon, as upon a final 
 award made by referees under rule of court; upon which judg- 
 ment or decree, execution shall issue without stay. No matter 
 affecting the title of real estate, however, shall be submitted to 
 or arbitrated by the said committee under this or the preced- 
 ing" section, but the committee may direct in its award the 
 payment of the costs and expenses of the arbitration, and the 
 amount thereof shall be embraced as a principal sum in the 
 judgment or decree to be rendered; if awarded, to be paid by 
 the party against whom such judgment or decree is sought. 
 No judgment or decree rendered on any such award shall be 
 liable to be stayed, except upon allegation, under oath of the 
 defendant, of manifest fraud in the procurement or rendition of 
 the award, or of a material and substantial failure of the com- 
 mittee specifically alleged and set forth, to comply with the by- 
 laws or sections 226 or 227, in the hearing and determination of 
 the matters submitted; nor shall any such judgment or decree 
 be quashed, modified or stricken out, except upon satisfactory 
 proof of the matters so required to be so alleged; neither shall 
 there be any appeal in any case from the original judgment, 
 order or decree, whereby, after a hearing of the allegations and 
 proofs as aforesaid, the said original judgment or decree shall 
 be maintained. 
 
 ASSAULT AND BATTERY. 
 
 229. Any person who shall, without any provocation, as- 
 sault and beat any person in any of the streets, lanes, alleys or 
 highways of the City of Baltimore, or at any place of public 
 resort or amusement, between the hours of six o'clock in the 
 evening and six o'clock the following morning, or who shall 
 
130 
 
 counsel, aid or abet in such assault and battery, shall be fined 
 in a sum not less than twenty-five dollars and be imprisoned 
 not less than one month; or the Judge of the Criminal Court 
 of Baltimore City, or the judge having jurisdiction of the of- 
 fense, may, in his discretion, sentence the person convicted. 
 of such offense to confinement in the penitentiary for a period. 
 not less than six months nor more than two years. 
 
 23O It shall not be necessary to state with more particular- 
 ity than is now necessary in proceedings for assaults and bat- 
 teries, the time or place of such assault and battery in the rec- 
 ognizance or commitment on which the said person is tried,,, 
 but the said person may be tried on a recognizance or commit- 
 ment for a common assault and battery, and shall be sentenced. 
 by the court according to the facts proved at the trial. 
 
 23 * In case the said person is tried upon a presentment or 
 indictment, it shall only be necessary to allege in the present- 
 ment or indictment that the offense was committed between 
 the hours aforesaid, and that it was committed on a highway 
 in the City of Baltimore, or at a place of public resort or 
 amusement, without setting forth said highway or place of: 
 public resort or amusement by name. 
 
 AUCTIONS. 
 
 232. Repealed by Act of 1900, Chapter 208. 
 233 - Repealed by Act of 1900, Chapter 208. 
 23 4. Repealed by Act of 1900, Chapter 208. 
 
 235. Th e duties shall be calculated on the sums for which' 
 the property or goods so exposed to sale shall be respectively 
 struck off, and shall in all cases be paid by the person making 
 the sale. 
 
 236. NO duties shall be chargeable upon any goods, wares,. 
 merchandise or other property sold by any auctioneer at pri- 
 vate sale on the days of his public auction, or unless the same- 
 be part of what was offered for sale at said public auction or 
 was advertised to be sold thereat. 
 
131 
 
 237. The duty imposed on all sales of lands, tenements 
 and hereditaments, or of any interest therein, at public auction 
 in the City of Baltimore, shall be a lien on the said property 
 when sold as aforesaid. 
 
 238. Every purchaser of lands, tenements or heredita- 
 ments, or of any interest therein, purchased at public auction in 
 the City of Baltimore, shall be bound to pay the auction duty 
 on such sale and be entitled to claim the said payment as a 
 credit on his purchase as aforesaid. 
 
 239. All goods and property, of what kind soever, shall in 
 all cases be struck off to the highest bidder; and where the 
 auctioneer or owner, or any person employed by them or either 
 of them, shall be such bidder, the goods or property shall be 
 subject to the same duties as if struck off to any other person; 
 but this section shall not be construed to render valid any sale 
 that would otherwise be deemed fraudulent and void. 
 
 240. Xhe Governor, by and with the advice and consent of 
 the Senate, shall biennially appoint as many auctioneers in the 
 City of Baltimore as he may think proper, not to exceed thirty. 
 
 241. Each person so appointed, the amount of whose sales 
 of goods, wares, merchandise and personal property of every 
 kind, exclusive of his real estate sales and sales of houses, shall 
 not exceed the sum of one hundred and fifty thousand dollars, 
 shall, before entering upon the duties of his office, enter into 
 a recognizance to the State, with two sufficient securities, in 
 the sum of five thousand dollars, conditioned for the payment 
 of the duties hereinbefore mentioned to the Treasurer of 
 Maryland, and that he shall in all things well, truly and faith- 
 fully behave and conform himself according to the true intent 
 and meaning of this law; and shall also pay to the Treasurer 
 of Maryland the sum of four hundred and fifty dollars, as a 
 license. 
 
 242 Any auctioneer paying the license fee, and executing 
 the bond prescribed in the preceding section, may make sales 
 of every description of goods, wares and merchandise of every 
 
132 
 
 kind, and real estate, and may exercise all the rights and privi- 
 leges of a general auctioneer to the extent and amount of 
 the sum prescribed in said section; and he shall make, under 
 oath, quarterly returns to the Comptroller of the City of Balti- 
 more, showing the full amount of his sales of every kind, dis- 
 tinguishing his sales of goods, wares and merchandise, and 
 personal effltts of every kind, from his sales of real estate and 
 houses ; but any auctioneer taking out a special license, as pro- 
 vided in section 233, in regard to auctions in Baltimore City, to 
 sell at public auction, stocks of any banks or other incorpor- 
 ated institutions, or State or City loans, shall not be required to 
 make any returns of sales of such securities; and if any auc- 
 tioneer under said license shall sell any amount exceeding 
 the sum named in the last preceding section, he shall be sub- 
 ject to all the penalties hereinafter imposed upon auctioneers 
 who shall sell without license. 
 
 243. Each auctioneer so appointed whose sales of goods, 
 wares and merchandise, and personal effects of every kind, 
 exclusive of his real estate sales and sales of houses, shall 
 exceed the sum of one hundred and fifty thousand dollars, shall, 
 before he enters upon the duties of his office, enter into a rec- 
 ognizance to the State, with two sufficient securities in the 
 sum of ten thousand dollars, conditioned as hereinbefore pre- 
 scribed, and shall pay to the State Treasurer the sum of seven 
 hundred and fifty dollars as a license fee. 
 
 244. if an y person so appointed shall desire to pursue the 
 business of an auctioneer for the sole purpose of selling books, 
 maps or prints, by day or by night, he shall be entitled to do 
 so by first entering into a recognizance to the State, with two 
 sufficient securities in the penalty of five thousand dollars, 
 conditioned as hereinbefore prescribed, and by paying to the 
 State Treasurer the sum of one hundred and fifty dollars. 
 
 If any person so appointed shall desire to pursue the 
 business of an auctioneer for the sole purpose of vending 
 horses and carriages, he shall be entitled to do so by first enter- 
 ing into a recognizance to the State, with two sufficient secu- 
 rities in the sum of one thousand dollars, and paying to the 
 State Treasurer the sum of fifty dollars as a license fee. 
 
133 
 
 246. A license may, on the request and with the consent of 
 the party, be issued by the State Treasurer, nunc pro tune, so 
 as to avail him for a year from the day on which his license 
 expired, or in such manner as to avail him for any part of the 
 interval the applicant may desire; but no license issued under 
 this section shall acquit the party obtaining it of any penalty 
 hereby imposed for selling without license, if prosecution there- 
 for shall have been commenced before such license was ob- 
 tained. 
 
 In case of the death of any auctioneer before the time 
 limited in his license has expired, his co-partner or co-partners, 
 if he has any, or his personal representative, may continue to 
 act under the license for the unexpired term. 
 
 248. All recognizances directed to be taken by this sub-di- 
 vision of this Article shall be taken by the Clerk of the Court of 
 Common Pleas, and duplicates shall be made of the record of 
 every such recognizance by said clerk, one whereof shall be 
 delivered, or be caused to be delivered by such auctioneer to 
 the State Treasurer, within ten days after the date of such 
 record, and the other shall be retained by said clerk, who shall 
 be entitled to demand for the same from the auctioneer the 
 sum of one dollar. 
 
 249. The State Treasurer, on his being satisfied that the 
 recognizance herein required has been entered into by any of 
 the persons appointed auctioneers by the Governor, and upon 
 his receiving the license fee required from such person, shall 
 issue a general or special license to such person as the person 
 may be entitled to, for the term of one year from the date of 
 such license. 
 
 250. if any person not appointed and authorized in the 
 manner herein directed, nor by nor under some official author- 
 ity under the laws of the United States, shall sell or attempt to 
 sell any goods, wares, merchandise or effects of any kind, real 
 estate or vessels, in the City of Baltimore, by public auction, he 
 shall be considered guilty of a misdemeanor, and shall be sub- 
 ject to presentment and indictment in the Criminal Court of 
 
134 
 
 Baltimore, and shall, on conviction, be fined in a sum not ex- 
 ceeding five hundred dollars nor less than one hundred dollars, 
 or be imprisoned for a term not exceeding three months, or 
 both, at the discretion of the court. 
 
 25 * If any auctioneer shall sell any goods, wares, mer- 
 chandise or effects or vessels, by way of public auction, without 
 having entered into the recognizance and paid the license fee 
 hereinbefore required, he shall be deemed guilty of a misde- 
 meanor, and shall be subject to presentment and indictment in 
 the Criminal Court of Baltimore, and on conviction thereof 
 shall be fined in a sum not exceeding one hundred dollars nor 
 less than fifty dollars for each and every article so exposed for 
 sale. 
 
 252 - If any auctioneer shall sell any goods or property 
 Other than such as he is authorized to sell by, the terms of his 
 license, he shall be deemed guilty of a misdemeanor, and shall 
 be subject to presentment and indictment in the Criminal 
 Court of Baltimore, and on conviction thereof shall be fined in 
 a sum not exceeding one hundred dollars, nor less than fifty 
 dollars for each and every article so sold. 
 
 253. if a ny person commissioned as auctioneer shall neg- 
 lect to take out a license within twenty days after his commis- 
 sion shall have been forwarded to him by the Governor, such 
 commission shall be deemed null and void, and the Governor 
 shall appoint some other person to supply the vacancy in the 
 number of auctioneers caused by such neglect. 
 
 254. Xhe recognizance herein required shall be annually 
 renewed. 
 
 255. if an y surety of any auctioneer shall remove from this 
 State or become insolvent the State Treasurer shall demand 
 other surety in his place ; and if the auctioneer shall neglect or 
 refuse to give other security within three days after such de- 
 mand is made his license shall thenceforth be null and void 
 to all intents and purposes as if the same had never been 
 granted, and the State Treasurer shall immediately give public 
 notice thereof in two or more public newspapers published in 
 said City. 
 
135 
 
 256. if an y auctioneer appointed under this sub-division of 
 fthis Article shall accept at any time during the continuance of 
 liis appointment an appointment as auctioneer from any other 
 State he shall be deemed to have forfeited his appointment 
 
 amder this sub-division of this Article. 
 
 257. Every auctioneer in said City shall designate in writ- 
 ing his partner or partners, if any are engaged with him in 
 .his said business, and the houses or stores occupied by him 
 for the transaction of auction business, and shall deposit such 
 writing with the State Treasurer; and if any auctioneer in 
 
 said City shall enter upon the duties of his office before so 
 -doing he shall be deemed guilty of a misdemeanor, and on 
 conviction shall be fined in a sum not exceeding five hundred 
 dollars; and it shall be the duty of the court before whom 
 such conviction is had to transmit forthwith a particular report 
 thereof to the Governor, who may, in his discretion, inhibit, 
 during his pleasure, the person convicted from acting as auc- 
 tioneer. 
 
 258. The Mayor of the City may designate the place or 
 places for the sale of horses and carriages and make such regu- 
 lations in respect to the time and manner of selling horses and 
 carriages at auction, and the riding and driving of such horses 
 
 -and carriages, as he shall deem best calculated to promote 
 public convenience and protect the persons of individuals from 
 danger. 
 
 259. Every auctioneer appointed and licensed for the sale 
 of horses shall keep a registry of all horses sold by him, speci- 
 fying a description of the horse sold, the sum for which he 
 sold, and the name and residence of the seller and buyer, and 
 shall deposit such registry, with an oath of the truth thereof, 
 at the end of each year with the Clerk of the Court of Common 
 Pleas. 
 
 260. TSIo auctioneer specially licensed for selling books, 
 maps or prints shall be entitled to demand or receive, without 
 a previous agreement to the contrary, from any person, di- 
 rectly or indirectly, a commission exceeding seven dollars and 
 
136 
 
 fifty cents for every hundred dollars of the purchase money- 
 arising from such sales, exclusive of all duties. 
 
 261. ]\T O auctioneer licensed to sell to the amount of one- 
 hundred and fifty thousand dollars, without a previous agree- 
 ment to the contrary, shall be entitled to demand or receive 
 for his services, directly or indirectly, a commission exceeding 
 four dollars clear of all duties, for every hundred dollars of the 
 purchase money arising from such sales. 
 
 262 - No auctioneer, licensed generally for the sale of 
 goods, wares and merchandise, exceeding one hundred and 
 fifty thousand dollars, without a previous agreement to the 
 contrary, shall be entitled to demand or receive for his ser- 
 vices, directly or indirectly, a commission exceeding two dol- 
 lars, clear of all duties, for every hundred dollars of the pur- 
 chase money arising from such sales, except upon sales of fur- 
 niture and wearing apparel, upon which they shall be entitled 
 to receive four dollars, clear of duties, for every hundred dol- 
 lars arising from such sales; and except also upon sales of 
 books, stationery, maps and prints, upon which they shall be 
 entitled to receive seven dollars and fifty cents, clear of duties, 
 for every hundred dollars arising from such sales; and upon 
 these articles the auctioneer mentioned in the preceding sec- 
 tion may charge a similar amoXmt. 
 
 263. Any auctioneer who shall receive or accept any 
 greater or higher reward for his services than is authorized by 
 this sub-division of this Article, shall forfeit the sum of five hun- 
 dred dollars for every offence, to be recovered in the name of 
 the State by suit, or by indictment in the Criminal Court, one- 
 half to the use of the State and the other half to the use of the 
 party prosecuting for the same. 
 
 264. NO auctioneer shall authorize or permit any person 
 whatever to sell any property of any description whatever, 
 under and by virtue of his license, unless the person so author- 
 ized or permitted is actually and bona fide in the employment 
 of such auctioneer, and is actually and bona fide a resident of 
 Baltimore City at the time of such employment, and the com- 
 
137 
 
 missions on such sales are actually and bona fide for the benefit 
 of such auctioneer; and no license shall be construed to au- 
 thorize the holder to sell at more than one regular establish- 
 ment, but an auctioneer may sell public stocks, houses, lots 
 and furniture, or ships or vessels, on the premises where the 
 same may be, or at the exchange, or goods in the original 
 form and packages as imported, and bulky articles, such as 
 have been usually sold in warehouses or in the public streets 
 or on the wharves, at such other places within the City as shall 
 be desired by the owner or importer of such bulky articles or 
 imported goods. 
 
 265. If any auctioneer shall violate any of the provisions of 
 the last preceding section he shall be deemed guilty of a mis- 
 demeanor for every such violation, and shall be subject to pre- 
 sentment and indictment in the Criminal Court of Baltimore,, 
 and on conviction thereof shall be fined in a sum not exceed- 
 ing two hundred dollars, nor less than one hundred dollars. 
 
 266. Every auctioneer, within thirty days after the first 
 days of January, April, July and October of the year for which 
 he shall have been appointed, and in each and every year that 
 he shall hold and continue in the office and duty of such 
 auctioneer, shall render to the Comptroller of the City of 
 Baltimore a true and particular account in writing of the 
 money or sums of money for which any goods, wares or 
 merchandise, or other property of every kind, shall have been 
 sold at every sale since entering on the duties of his office, or 
 since the last account was rendered, of the amount of each day's 
 sales and the days when sold, distinguishing the sales made by 
 him personally or in his presence, and those made by his part- 
 ner or partners or clerk, in consequence of his absence; setting 
 forth, also, the amount of all goods, wares, merchandise and 
 other property sent or entrusted to him, his partner or partners 
 for sale, and by him or them sold at auction, and the days on 
 which the same were sold, and particularizing the amount of 
 the several duties chargeable on said sales, duplicate copies of 
 which said accounts, properly sworn to as required in section 
 267, shall be transmitted to the Comptroller of the State, by 
 every such auctioneer, within the said thirty days after the said 
 
138 
 
 first days of January, April, July and October of the year or 
 years as aforesaid; and every auctioneer shall, within thirty 
 days after rendering such account, pay over to the said Comp- 
 troller of Baltimore City, for the use of the State, subject to 
 provisions hereinafter contained, all such sum or sums of 
 money as appear to be due from him to the State for duties, 
 according to law. 
 
 267. The auctioneer making such returns, at the time of 
 making the same shall take before some Justice of the Peace, 
 
 or Judge of a court of record, the following oath: "I, , 
 
 do solemnly and sincerely swear that the account now exhibited 
 by me, and to which I have subscribed my name, contains a 
 just and true account of all the goods, wares and merchandise, 
 and property of every kind, sold or struck off by me at public 
 sale, or sold at private sale, on the days of my public auctions, 
 or sold or struck off as aforesaid by my co-partner or co-part- 
 ners (if any there be), or by others in my name, or under my 
 direction, and in my actual and bona fide employment (as the 
 case may be), and the days upon which the same were respec- 
 tively sold; that I have examined the entries of all sales men- 
 tioned in said account in the books kept by me for that pur- 
 pose, and I fully believe this account to be correct; and, further, 
 that I have, during the time mentioned, conformed in all things 
 to the provisions of the law relating to auctions in Baltimore 
 City, according to the best of my knowledge and belief, so help 
 me God." And he shall cause a certificate of the fact that he 
 has taken such oath, duly signed by said Justice or said Judge, 
 and a certificate of the Clerk of the Superior Court of Balti- 
 more City, of the official character of said Justice when signed 
 by him, to be annexed to said return; and no account or return 
 of sales, as provided to be made and rendered in the preceding 
 section shall be deemed or held to be "a true and particular 
 account," within the meaning of said preceding section, un- 
 less the oath herein provided is made and annexed to such ac- 
 count or return of sales ; and the auctioneer refusing or neglect- 
 ing to make and to annex such oath shall be liable to be pro- 
 ceeded against as if he had not made and rendered any account 
 or return of sales as required by law. 
 
139 
 
 268 - If any auctioneer shall refuse or neglect to transmit 
 to the State Treasurer a duplicate of the record of his recog- 
 nizance as before required, or shall neglect or refuse to render 
 an account of sales to the Comptroller of the City of Balti- 
 more quarter-yearly, or shall refuse or neglect to transmit 
 a duplicate copy of such account to the Comptroller of the 
 State within the time or times limited for rendering such ac- 
 count or transmitting such duplicates as provided in section 
 266, or shall refuse or neglect to pay over to the Comp- 
 troller of the City the money or moneys due from him to 
 the State for duties, according to law, within thirty days after 
 rendering such account, he shall, in and for each and every such 
 case of refusal or neglect, be deemed guilty of a misdemeanor, 
 and shall be subject to presentment and indictment in the Crim- 
 inal Court of Baltimore, and on conviction thereof shall be 
 fined in a sum not exceeding seven hundred dollars nor less 
 than one hundred dollars, and on conviction shall further be 
 deemed to have forfeited his appointment as auctioneer, and 
 shall be, disqualified from acting as auctioneer under the same; 
 provided, it shall be competent for such auctioneer at the trial 
 of such suit to give in evidence every matter or thing going to 
 show a satisfactory excuse on his part for such neglect or re- 
 fusal; and if the jury before which such suit shall be tried shall 
 think such excuse satisfactory, they shall return a verdict for 
 the defendant; the defendant, however, in such case to pay the 
 costs of the prosecution; and provided further, that no suit or 
 indictment, or conviction, under this section, for the penalties 
 herein contained, shall be held to bar or prevent the State from 
 bringing such civil action or actions in any of the courts of this 
 State against any auctioneer, or on his bond, for the recovery 
 of money that may be due the State, or for the non-per- 
 formance or misperformance of any duty imposed upon him 
 by this sub-division of this Article, and for which a civil action 
 would lie against him or on his bond. 
 
 269. Every auctioneer who, within the period limited for 
 his accounting, shall have made no sales of goods or property 
 of any kind liable to auction duties, shall make and subscribe 
 an affidavit of those facts before the Judge of the Court of 
 Common Pleas, and shall transmit a copy of the said affidavit, 
 
140 
 
 certified by said Judge, to the State Treasurer, within the same 
 time that an account is required to be rendered, under the pen- 
 alty prescribed in the last preceding section. 
 
 It shall not be lawful for the Governor to nominate 
 to the Senate as auctioneer any person who shall not have set- 
 tled in full at the Treasury office for all amounts due from him 
 on account of auction duties. 
 
 If any auctioneer shall be guilty of any fraud or de- 
 ceit in the discharge of the duties of his office, or shall elude 
 or defeat any provisions of this sub-division of this Article, for a 
 violation of which no penalties are therein specially prescribed,. 
 he shall be guilty of a misdemeanor and subject to presentment 
 and indictment in the Criminal Court of Baltimore, and on 
 conviction thereof shall be fined in a sum not exceeding one 
 thousand dollars, nor less than one hundred dollars for any 
 such offence; and if any auctioneer shall pay or cause to be paid 
 directly or indirectly, to any trustee, attorney, executor or ad 
 rninistrator, selling real estate or property of any kind under 
 any order c-f any court, or under any power of attorney, any 
 portion of the fee or commission received or receivable by him, 
 and charged by him in his account for making any sale of such 
 real estate or property for such trustee, attorney, executor or 
 administrator, he shall be deemed guilty of a misdemeanor, 
 and on conviction thereof in the Criminal Court of Baltimore 
 shall be fined in a sum not exceeding two hundred dollars, nor 
 less than fifty dollars, for every such offence; and such trustee, 
 attorney, executor or administrator receiving or retaining such 
 portion of such fee or commissions, and not accounting for it 
 to the proper parties, shall be liable in a suit on his bond for 
 double the amount so received or retained by him, to the 
 cestui que trust, the principal, or to any person interested in 
 the estate which he represents. 
 
 If no person shall, within seven days after any such 
 offense shall be committed, prosecute for the penalties im- 
 posed by this sub-division of this Article, the State Treasurer, 
 upon information thereof having come to his knowledge, shall 
 direct the State's Attorney for the City of Baltimore to prose- 
 
141 
 
 cute the same; and the penalties when recovered shall be paid 
 into the treasury for the use of the State. 
 
 273. If any person shall wilfully swear falsely touching 
 any matter hereinbefore required in this sub-division of this 
 Article to be verified by oath, he shall suffer the pains and pen- 
 alties which by law are prescribed for wilful and corrupt per- 
 jury; and if an auctioneer, shall also forfeit his office. 
 
 274. 'f he proceeds of such auction duties to the amount of 
 twenty thousand dollars shall be paid over by the Comptroller 
 of the City, as the same shall be received by him, to the Mayor 
 and City Council of Baltimore, to be by said Mayor and City 
 Council of Baltimore annually appropriated to the purpose of 
 deepening and improving a channel in the Chesapeake bay and 
 Patapsco river and the harbor of the City of Baltimore. 
 
 275 - It shall be the duty of the Mayor and City Council of 
 Baltimore, on or before the fifteenth day of September in each 
 year, to report to the Comptroller of the State a fair and strict 
 account of their disbursement of the fund arising from said auc- 
 tion duties, as to the amount the same are appropriated in the 
 preceding section, in relation to the deepening and improving 
 said channel, Patapsco river and Baltimore City harbor; and 
 the said Comptroller shall report the same to the General 
 Assembly. 
 
 276. If the net proceeds of said auction duties shall exceed 
 the sum of twenty thousand dollars, the excess of said duties 
 above that sum shall, for each and every year that they shall 
 exceed that sum, be paid over by the Comptroller of the 
 City of Baltimore to the Treasurer of the State; and in 
 case of such excess as aforesaid, the Comptroller of the City 
 shall also render to the Comptroller of the State a brief 
 statement or account, showing the amounts received by him on 
 account of auction duties, the amount paid the Mayor and City 
 Council of Baltimore, under section 274, and the balance due 
 the State and payable to the State Treasurer which said bal- 
 ance, if any, and whenever the same shall arise from said auc- 
 tion duties, shall be paid to said Treasurer on or before the 
 twenty-fifth day of September in each and every year. 
 
142 
 
 277. The provisions of the three preceding sections shall 
 not have any effect if the City of Baltimore, by ordinance or 
 otherwise, shall make any charge on articles passing over or 
 deposited on the wharves of said City for a less time than one 
 day, for the purpose of delivery only, from or on board of any 
 vessel trading within the limits of this State, other than the 
 regular wharfage chargeable on such vessel. 
 
 278. Nothing contained in this sub-division of this Article 
 shall prohibit the sale of leather, iron or tobacco, by the person 
 who manufactured the same, without the license herein re- 
 quired. 
 
 BILLS OF EXCHANGE AND PROMISSORY NOTES. 
 
 279. It shall be lawful for banks and bankers in the City 
 of Baltimore, to close their doors for business at twelve o'clock 
 noon, on each and every Saturday in the year; and every Sat- 
 urday in the year after twelve o'clock noon shall be a legal half- 
 holiday, so far as regards the presenting for payment or accept- 
 ance, and the protesting and giving notice of the dishonor of 
 bills of exchange, bank checks, drafts, promissory notes and 
 other negotiable paper; and for these purposes shall be treated 
 and considered as the first day of the week, commonly called 
 Sunday; and all such bills, checks, drafts and notes presentable 
 for acceptance or payment on Saturdays, shall be deemed to be 
 presentable for acceptance or payment on the secular or business 
 day next succeeding; provided, however, that all bills of ex- 
 change, drafts and promissory notes made after the passage of 
 this Article, except those payable at sight or on demand, which 
 shall be otherwise payable on any half-holiday Saturday, shall 
 be deemed to be and shall be payable on the next succeeding 
 secular or business day ; and provided further, that for the pur- 
 pose of protesting or otherwise holding liable any party to any 
 bill of exchange, bank check, draft or promissory note, and 
 which shall not have been paid before twelve o'clock at noon on 
 any half-holiday Saturday, a demand of acceptance or payment 
 thereof may be made, and notice of protest or dishonor thereof 
 may be given on the next succeeding secular or business day; 
 and provided further, that when any person shall receive for 
 
143 
 
 collection in said City of Baltimore, any bill of exchange, bank 
 check or promissory note due, and presentable for acceptance 
 or payment on any half-holiday Saturday, such person shall not 
 be deemed guilty of any neglect or omission of duty, nor incur 
 any liability in not presenting for payment or acceptance, or 
 collecting such bill of exchange, bank check, draft or promis- 
 sory note on that day ; and provided further, that in construing 
 this section every half-holiday Saturday shall, until twelve 
 o'clock noon, be deemed a secular business day. Nothing in 
 this section shall affect the provisions of sections 9 and 10 of 
 Article 13 of the Code of Public General Laws applicable to 
 any Saturday, whenever the same, under the provisions of said 
 sections, shall be a legal holiday. 
 
 BUILDINGS. 
 
 28 - It shall not be lawful for the owners or lessees of any 
 public hall, church, school or place of amusement, in the Cities 
 of Baltimore, Annapolis, Cumberland, Frederick, Hagerstown 
 or Frostburg, to obstruct, or allow to be obstructed by others,, 
 any of the aisles or passage-ways in the auditorium of said 
 halls, churches, schools or places of amusement, by placing 
 therein any benches, chairs or stools, or other articles that may 
 prevent free ingress or egress during the hours that said places 
 may be open to the public. Said owners or lessees, or their 
 agents, are required to keep open at all hours during the time 
 said halls, churches, schools or places of amusement are open 
 to the public, all doors giving ingress or. egress, unless said 
 doors open outward from said places; then the same may be 
 closed, but no hindrances, such as locks or catches of any kind,, 
 shall be allowed to obstruct or prevent instant and easy egress 
 through the same; and when said doors open inwards, it is 
 required of said owners, lessees or their agents, that said doors 
 shall be fastened securely and firmly open. Owners or lessees, 
 or any person holding under them, or their agents, violating 
 any of the provisions aforesaid, shall, on conviction thereof, 
 be fined by the court before which such conviction is had for 
 any violation, a sum not exceeding five hundred dollars, to be 
 recovered as other fines in this State, one-half of which shall 
 go to the State and the other half to the Cities where such 
 
144 
 
 violations occur and convictions thereof are had. It is made 
 the special duty of the Judge or Judges of the courts having 
 criminal jurisdiction in said Cities of Baltimore, Annapolis, 
 Cumberland, Frederick, Hagerstown and Frostburg, to spe- 
 cially charge the Grand Juries of said courts upon the execu- 
 tion of the foregoing provisions; and the police authorities of 
 said Cities are specially charged with the execution thereof, 
 and to that end shall direct nightly examinations by some of 
 their officers, of all such places. It shall not be lawful for any 
 person, agent, owner or proprietor of any sweat-shop or factory 
 where four or more persons are employed, to use any coal oil, 
 gasoline, or any other explosive or inflammable compound for 
 the purpose of lighting or heating in any form; and any per- 
 son, agent, owner or proprietor violating this provision shall 
 be guilty of a misdemeanor, and on conviction thereof, be fined 
 by the court before which such conviction is had, for every 
 violation, the sum of one hundred dollars and costs, and stand 
 committed until such fine and costs be paid. The owner or 
 owners of any such house or building used as a sweat-shop or 
 factory where four or more persons are employed as garment 
 workers, on other than the first floor of such house or building, 
 shall provide fire-escapes for the same; and if any owner or 
 owners of any house or building so used, fail to make or pro- 
 vide a fire-escape, such owner or owners shall pay a fine of two 
 hundred dollars, to be recovered as other fines in this State, or 
 imprisonment in the City Jail for sixty days, or both fine and 
 imprisonment, in the discretion of the court. 
 
 CARRIAGES AND HORSES. 
 
 281. The Board of Police Commissioners of the City of 
 Baltimore shall determine and fix the rate of fare to be charged 
 by the owners of hackney carriages in said City; and every 
 owner of a hackney carriage who shall have obtained a license 
 therefor, as required by the ordinances of the Mayor and City 
 Council of Baltimore, shall be authorized and entitled, during 
 the time in such license specified, to ask, charge and receive, as 
 a compensation from every person using the same, the rates of 
 fare and compensation, and hire prescribed by the said Board 
 of Police Commissioners, and no more; provided, that the pro- 
 
145 
 
 visions of this section shall not apply to the owners of hackney 
 carriages who conduct their business exclusively at their re- 
 spective stables. 
 
 282. The owner of every licensed hackney carriage, other 
 than those excepted in the preceding section, before he shall be 
 entitled to charge, ask or receive any hire or compensation for 
 the use thereof, shall cause the number of such carriage, as 
 stated in his license, in plain and easily legible figures, at least 
 two inches in length, to be painted or otherwise delineated in 
 conspicuous places on each side of such carriage, both within 
 and without, and shall also keep in at least two conspicuous 
 positions in the interior of such carriage a copy of the rates of 
 fare or charges prescribed by the Board of Police Commission- 
 ers, as aforesaid, printed on white paper card, with black ink, 
 by types of a size not less than long primer, so that the same 
 may be conveniently seen and read in the daytime by any person 
 who may be a passenger in said carriage. Every owner of a 
 hackney carriage licensed as aforesaid, for the use of which 
 any higher or greater rate of fare shall be asked and received 
 by any driver or other person having care of such carriage, 
 than that prescribed by this sub-division of this Article, or 
 who shall omit or neglect to comply with the directions herein 
 contained, shall incur a penalty of ten dollars; every continu- 
 ance of an omission to comply with the provisions herein con- 
 tained for one day after any prosecution therefor, to be taken 
 as a distinct offence. 
 
 283. Every driver of any licensed hackney carriage who 
 shall refuse or omit when required, to inform any person using 
 such carriage or applying for the use of it, the true number 
 thereof, or the correct amount of the rates of fare authorized to 
 be charged for the use of it, or who shall wilfully mislead, or 
 misconvey, or insult, by abusive or indecent and opprobrious 
 language, any passenger whom he shall have in his care for 
 conveyance in the carriage of which he is driver, shall for every 
 such offence incur such penalty, not exceeding twenty dollars, 
 as shall be adjudged by the Mayor of the said City or any Jus- 
 tice of Peace therein, before whom complaint shall be made by 
 or on behalf of the party injured. 
 
146 
 
 284. No driver or person in charge of cabs or hackney 
 carriages shall ask, charge, demand or receive more than the 
 rates of fare as established by the Board of Police Commis- 
 sioners in the City of Baltimore from time to time, from any 
 passenger or passengers; and any person violating the provis- 
 ions of this section shall, upon conviction, be liable to a fine 
 not exceeding fifty dollars, or imprisonment in jail for a period 
 not exceeding six months nor less than thirty days, or both, in 
 the discretion of the court. 
 
 285. The proprietors of any hackney carriage in the City of 
 Baltimore who do not intend to go upon or use the public 
 stands in said City with such hackney carriages, shall at the time 
 of applying for a license for the same, as required by the present 
 or any future ordinances of the Mayor and City Council of 
 Baltimore, signify in writing such intention, and thereupon a 
 special license may and shall be granted to such proprietors by 
 the Comptroller or other proper officer of said City; and for 
 every special license thus granted there shall be paid such sum 
 as is now or shall hereafter become payable for other hackney 
 carriages by the present or future ordinances of said City. 
 
 286. No hackney carriages which shall be thus especially 
 licensed shall make use of or go upon or stand or wait for em- 
 ployment at any of the public stands designated by or under the 
 present or any future ordinances of the Mayor and City Coun- 
 cil of Baltimore, or at any place in said City, except the premises 
 of the owner thereof, under a penalty of twenty dollars for every 
 such offence ; one-half to be paid to the informer, to be recov- 
 ered against either the owner or driver thereof, as fines of a like 
 amount are now recovered. 
 
 Each and every proprietor of hackney carriages shall, 
 at the time when he applies for a special license, or any renewal 
 thereof, furnish the Comptroller or other proper officer of the 
 City of Baltimore with a correct statement of the number of 
 hackney carriages used by him ; and such owner, whenever he 
 shall increase the number of such hackney carriages, shall re- 
 port such increase to the Comptroller or other proper officer of 
 said City; and every person violating any of the provisions of 
 
147 
 
 this section shall forfeit his license, and be liable to a penalty of 
 ten dollars. 
 
 288. All penalties which shall be incurred under section 
 283 of this sub-division of this Article, or for the breach- of any 
 of its provisions, may be recovered by warrant issued in the 
 name of the State, in the same manner as debts within said 
 City are recoverable, with the right of appeal to the Baltimore 
 City Court. 
 
 289. On the trial of such appeal, the party of whom the 
 penalty is claimed shall be entitled to a jury trial; but there shall 
 be no stay of execution of any judgment appealed from, unless 
 the party appealing shall give bond, with security approved by 
 the officer rendering such judgment, and conditioned that the 
 party appealing shall prosecute the appeal with effect, and obey, 
 perform and pay such judgment as shall be rendered by the 
 Baltimore City Court on the trial of said appeal. 
 
 290. All penalties which shall be recovered for the breach 
 of any of the provisions of this sub-division of this Article, shall 
 be appropriated one-half to the use of the dispensaries in the 
 City of Baltimore, to be equally divided between them, and the 
 other half to the use of the informer, whose name shall be 
 endorsed on the warrant issued for the recovery of each respec- 
 tive penalty. 
 
 291 ' It shall be lawful for any livery stable keeper to retain 
 in his custody any horse, mare or gelding placed under his care 
 for livery, and also any vehicle, until all charges for so keeping 
 shall be paid by the owner thereof. 
 
 It shall and may be lawful for such livery stable keeper 
 to sell any such horse, mare or gelding, or vehicle, at public 
 auction in the City of Baltimore, after giving at least twenty 
 days' notice in two of the daily newspapers published in the 
 City of Baltimore, of the time, place and manner of sale; and 
 after deducting the amount due for keeping, together with all 
 expenses of said sale, to return the surplus, if any, to the owner 
 of such horse, mare or gelding, or vehicle. 
 
148 
 
 293. Before proceeding as above, it shall be necessary for- 
 such livery stable keeper to state an account for the keeping of 
 such horse, mare or gelding, or vehicle, and prove the same 
 before a Justice of the Peace for the City of Baltimore, who,, 
 upon being satisfied by proof of demand and refusal or neglect 
 to pay on the part of the owner, shall thereupon issue his war- 
 rant authorizing such sale as aforesaid; provided, that the pro- 
 prietors of such livery stables shall set up on their premises, in 
 some conspicuous place, a copy of the aforegoing two sections, 
 printed in large type, and their rates of livery. 
 
 CORONERS, INQUESTS AND DEAD BODIES. 
 
 294 The Governor, by and with the advice and consent of 
 the Senate, shall appoint and commission seven competent 
 physicians to act as coroners for the City of Baltimore, to hold, 
 office during the period of two years, at an annual salary 
 of one thousand dollars each, payable quarterly by the City 
 Register; and the said Coroners shall be assigned to duty 
 by the Governor, and to each of the police districts of the City 
 of Baltimore; and it is further provided, that whenever the 
 police districts of the City of Baltimore shall be increased in 
 number by the order of the Board of Police Commissioners of 
 Baltimore City, the Governor shall appoint an additional coro- 
 ner for each of the police districts so created; provided, that 
 before entering upon the duties of their office, the persons ap- 
 pointed shall take the oath of office prescribed by the Constitu- 
 tion of the State of Maryland, for office-holders; and further, 
 they shall give bond to the said State of Maryland, with security 
 to be approved by the judge of the Superior Court of Balti- 
 more City, in the penalty of two thousand dollars each, condi- 
 tioned for the faithful performance of their duties, as now pre- 
 scribed by law, or which shall hereafter be prescribed. 
 
 295. Each of the seven Coroners shall be assigned to such 
 sub-division or district of the City of Baltimore as the Governor 
 may direct; and in case of absence or illness of any Coroner, he 
 shall deputize some competent person to attend to the duties of 
 his office during his absence or illness. 
 
149 
 
 296. Xhe Coroner shall hold an inquest over every person 
 .found dead in his district in said City when the manner and 
 -cause of death shall not be already known as accidental, or in 
 
 the course of nature. No Coroner's jury in said City shall re- 
 ceive any fee or compensation for services as such; and said 
 Coroners are authorized and empowered to issue their certifi- 
 cates to the City Register for the payment of such expenses 
 as may be necessary for the interment of any person over 
 whom they, or either of them, has held an inquest, and whose 
 body is not claimed by friends or relatives; provided, the 
 amount of such expenses shall not in any case exceed the sum 
 of seven dollars. 
 
 297. Each of said Coroners shall make a monthly report to 
 'the Police Commissioners of Baltimore City, of the number of 
 
 inquests held by him during the month last past before said 
 report, with a full description, as far as may be, of the persons 
 who were the subjects of such inquests, their sex, age, color 
 and nationality, the cause and mode of their death, and such 
 other particulars as may be necessary to their identification, in 
 case of strangers and unknown persons ; and each of said Cor- 
 oners shall also, immediately after holding an inquest, deposit 
 in some bank of Baltimore City, subject to the order of the 
 Judges of the Orphans' Court of said City, all property, money 
 :and other effects found upon the person of those over whom 
 he shall hold inquest, as hereinbefore provided. 
 
 298. Any public officer of Baltimore City or Baltimore 
 County having charge of or control over the bodies of deceased 
 persons required to be buried at the public expense or at the 
 expense of any institution supported by said City or County, 
 
 shall notify the chairman of the Anatomy Board, said board be- 
 ing composed of a demonstrator of anatomy from each medical 
 school in the State, of the existence and possession of such 
 bodies, and shall give permission to said Anatomy Board, 
 'through its chairman, or to any physician or surgeon of the State 
 -of Maryland upon his request made therefor, to take such bodies 
 within forty-eight hours after death, to be by him used within 
 the State for the advancement of medical science, preference 
 >being given to medical schools, public and private; and said 
 
150 
 
 bodies shall be distributed to and among the same equitably,, 
 the number assigned to each being proportioned to that of its- 
 students ; provided, however, that if any person claiming to be 
 and satisfying the proper authorities that he is, of kindred to- 
 the deceased, or that he was a friend to deceased during his life, 
 shall ask to have the body for burial, it shall be surrendered for 
 interment; or if such deceased person was a stranger or traveler 
 who died suddenly, the body shall be buried and not handed 
 over as aforesaid. Any public officer of Baltimore City or 
 County having charge of or control over the bodies of the de- 
 ceased persons required to be buried at the public expense or at 
 the expense of any institution supported by said City or County, 
 who shall neglect or refuse to comply with the requirements of 
 this section, shall be guilty of a misdemeanor, and shall upon- 
 conviction be fined not less than fifty nor more than one hun- 
 dred dollars for each and every offence. 
 
 299. Every physician or surgeon, before receiving any such 
 dead body shall give to the proper authorities a sufficient bond 
 that such body shall be used only for the promotion of medical- 
 science within the State; and whosoever shall use such body 
 for any other purpose, or shall remove the same beyond the 
 limits of this State, and whosoever shall sell or buy such body,, 
 or in any way traffic in the same, shall be deemed guilty of a 
 misdemeanor, and shall, on conviction, be imprisoned for a. 
 term not exceeding five years at hard labor in the City Jail. 
 
 COURTS. 
 Superior Court, Court of Common Pleas and Baltimore City Court.. 
 
 300. The judge before whom any case may be tried in- 
 either the Baltimore City Court, the Superior Court of Balti- 
 more City, or in the Court of Common Pleas, shall have exclu- 
 sive jurisdiction to hear and determine, and the said judge shall" 
 hear and determine, all motions for a new trial where such 
 motions arise, either on questions of fact or for misdirection 
 upon any matters of law, and all motions in arrest of judgment, 
 or upon any matters of law, determined by the said judge; and 1 
 all such motions shall be heard and determined within thirty- 
 days after they are made. 
 
lil 
 
 3O1 ' In no case shall either the plaintiff or defendant be 
 required to file a "paper book" of evidence or brief, in either of 
 the courts of the City of Baltimore. 
 
 302. The stated terms of the Superior Court of Baltimore 
 City, the Court of Common Pleas and the Baltimore City Court, 
 shall commence on the second Monday in January, the second 
 Monday in May, and the second Monday in September, in each 
 
 year. 
 
 303. i n addition to the first day of each term of the Supe- 
 rior Court of Baltimore City, the Court of Common Pleas of 
 the City of Baltimore, and the Baltimore City Court, the second 
 Monday in February, March, April, June, July, August, Oc- 
 tober, November and December, in each year, shall be return 
 days, and the words "return day," wherever used in this sub- 
 division of this Article, shall apply as well to the first day of 
 each term as to the other return days herein enumerated. 
 
 304. All original writs, writs of execution, attachment, re- 
 plevin, ejectment, scire facias and habere facias, as well as all 
 other writs and process issued from or returnable to any of said 
 courts, which under the practice heretofore existing would 
 have been returnable to the first day of the term, or to a return 
 day, shall hereafter be made returnable to the first return day 
 after the issue of the same, or may be made returnable to the 
 second return day thereafter, if the party by whose direction the 
 same was issued, or his attorney, shall so request in writing. 
 
 305. On the return of an original writ, not executed in 
 either of said courts, the same may be renewed, returnable to 
 the next return day thereafter, and after two returns of any 
 original writ not executed at the two succeeding return days 
 after the writ is first issued, the same shall be permitted to lie 
 dormant, renewable only on the written order of the plaintiff 
 or his attorney of record to such future return day as the said 
 plaintiff or his attorney may elect, and upon a further return if 
 not executed, said writ shall be again permitted to lie, renew- 
 able only as aforesaid, the said plaintiff or his attorney having 
 the right to renew said writ to as many subsequent return days, 
 under the same mode of procedure as may be deemed proper, 
 until the same is executed. 
 
152 
 
 306. After the execution of any writ or other process made 
 returnable to a return day in either of said courts, the same 
 proceedings may be had thereupon as if the same had been 
 made returnable, and had been returned to a term of said court 
 under the practice heretofore existing, except as hereinafter 
 otherwise provided. 
 
 If a defendant be returned ''summoned," and shall fail 
 to appear, the clerk of the court on the day following the return 
 day to which the writ or process served on him is returnable, 
 shall enter the appearance of any defendant so summoned and 
 failing to appear, and the action shall proceed in the same man- 
 ner as if the party had appeared in person. 
 
 308. When a declaration in any action shall be filed in 
 court, and a copy thereof delivered to the defendant before the 
 day of the return of the writ, and the defendant shall be sum- 
 moned before the said day of the return of the writ, he shall 
 plead before the next succeeding return day, or judgment by 
 default for want of a plea shall be entered by the court or clerk 
 thereof, upon motion in writing made by the plaintiff, or his 
 attorney, then, or at any time thereafter, before the filing of a 
 plea by the defendant, unless the court for good reason shall 
 have granted said defendant further time to plead; and upon 
 such entry of judgment, the plaintiff may forthwith sue out his 
 writ of inquiry, or otherwise enter up final judgment according 
 to the course of the court. 
 
 309. When any action shall be brought upon a titling and 
 the defendant shall have been summoned, the plaintiff shall file 
 his declaration within fifteen days after the return day to which 
 said defendant had been summoned, or judgment of non pros. 
 may be entered by the court or the clerk thereof against him for 
 want of a declaration, upon motion in writing made by the de- 
 fendant at any time thereafter, unless the court for good cause 
 shown shall grant further time; but if the plaintiff shall have 
 filed his declaration in any such action, at any time before the 
 entry of a judgment of non pros, against him, the defendant shall 
 be required to plead to such declaration within the time and 
 upon the terms prescribed by the rules of the court, or judg- 
 

 153 
 
 tnent by default may be entered against him as provided by said 
 rules. 
 
 31O. Every suit in which any defendant shall be returned 
 summoned, shall stand for trial or judgment (as against such 
 defendant) at the return day next succeeding the day to which 
 he has been summoned; provided, the declaration shall have 
 been filed in court, and a copy thereof shall have been served 
 on the defendant, or his attorney, at least fifteen days before 
 said return day; and all such suits in which final judgment i& 
 not entered on that day, shall then be put at the end of the trial 
 calendar of the court in which they are brought, in the order in 
 which they were instituted in said court, and shall be finally dis- 
 posed of as far as possible when reached in their regular course. 
 
 31 ! In all cases in which a party by law would be entitled 
 to a continuance, the court may, instead of continuing the cause 
 to the next term, postpone the same for thirty days, or such 
 other period as will best subserve the interests of justice. 
 
 312 In any suit, when the cause of action is a contract, 
 whether in writing or not, or whether expressed or implied, the 
 plaintiff, if affidavit or affirmation be made, as hereinafter 
 stated, shall be entitled to judgment, to be entered by the court 
 or the clerk thereof, on motion, in writing, at any time after 
 fifteen days from the return day to which the defendant shall 
 have been summoned, although the defendant may have 
 pleaded, unless such plea contains a good defence, and unless 
 the defendant or some one in his behalf shall, under oath or 
 affirmation, state that every plea so pleaded by the defendant is 
 true; and shall further state the amount of plaintiff's demand, 
 if anything, admitted to be due or owing, and the amount dis- 
 puted, and further, that the affiant verily believes the defendant 
 will be able at the trial of the cause to produce sufficient evi- 
 dence to support the plea as to the portion disputed, and that 
 he is advised by counsel to file the said plea; and such plea 
 shall be accompanied by a certificate of counsel that he so ad- 
 vised the party making such oath or affirmation, and if the co- 
 partnership or incorporation of any of the parties to the suit 
 -shall be alleged in the declaration and the affidavit to be filed 
 
154 
 
 therewith, as hereinafter provided; or if there shall be filed with 
 the declaration in said cause, any paper purporting to be signed 
 by any defendant therein, the fact of such alleged copartnership 
 or incorporation, and the genuineness of such signature shall 
 be deemed to be admitted for the purposes of said cause, unless 
 the said affidavit shall further state that the affiant knows, or 
 has good reason to believe, such allegation of copartnership or 
 incorporation to be untrue, or that such signature was not 
 written by or by the authority of the person whose signature it 
 purports to be. In case any part of the debt or damages claimed 
 be admitted to be due, the plaintiff shall be entitled forthwith 
 to an entry of judgment therefor, with costs in the discretion of 
 the court, to the time of entry of such judgment, and if the 
 amount so admitted to be due shall not be below the jurisdic- 
 tion of the court, the plaintiff may at once have execution there- 
 for, and upon such entry of judgment the plaintiff may join 
 issue or reply to the pleas as to the disputed portion, and the 
 case shall be proceeded with as to such disputed portion in the 
 same manner as if the suit had been originally instituted for the 
 recovery of the same; and the court shall have jurisdiction as 
 to such disputed portion in all cases where the amount origi- 
 nally claimed shall be within the jurisdiction of the court, but if 
 either judgment in the case be below the jurisdiction of the 
 court, no execution shall issue from that court on the same,, 
 and the provisions of section 17 of Article 26 of the Code of 
 Public General Laws shall apply thereto; yet if the sum of the 
 two judgments shall equal such jurisdiction they may then be 
 included in an execution issued from that court ; provided, that 
 the court for good cause shown, may, by its order in writing, 
 passed at any time before judgment, extend the time for filing 
 such pleas and affidavits, which extension shall suspend, until 
 the expiration thereof, the plaintiff's right to enter judgment 
 under this section. 
 
 313. The plaintiff shall not be entitled to judgment under 
 the preceding section, unless at the time of bringing his action 
 he shall file with his declaration an affidavit or affirmation, if 
 the affiant is conscientiously scrupulous as to taking an oath, 
 stating the true amount the defendant is indebted to him, over 
 and above all discounts, and shall also file the bond, bill of ex- 
 
155 
 
 change, promissory note or other writing or account, by which 
 the defendant is so indebted ; or if the action be founded upon a 
 verbal or implied contract, shall file a statement of the particu- 
 lars of the defendant's indebtedness thereunder. If there are two 
 or more plaintiffs, the said affidavit or affirmation may be made 
 by any one of them, or if all the plaintiffs be absent from the 
 State at the time of the bringing of said suit, or if the plaintiff 
 be a corporation, the said affidavit or affirmation may be made 
 by any agent of plaintiff or plaintiffs, or any of them, who will 
 make further oath or affirmation that he has personal knowl- 
 edge of the matters therein stated; and the said affirmation or 
 affidavit may be made before any of the persons who may take 
 an affidavit or affirmation to authorize the issuing of a foreign 
 attachment, and may be certified in the same manner. 
 
 314. When any judgment by default shall be entered under 
 any of the preceding sections, the court may assess the damages 
 on proof thereof without empanelling a jury to do so, unless 
 the defendant shall have filed a motion in writing before the 
 entry of such default for a jury trial, and shall have stated in 
 such motion how much of the plaintiff's demand is disputed^ 
 and how much thereof, if any, is admitted by said defendant to 
 be due, and in such case the plaintiff may forthwith have judg- 
 ment entered up for the amount so admitted, as provided in the 
 preceding section. 
 
 315 - If the defendant shall dispute the whole or any part 
 of the plaintiff's demand in any action brought under the pro- 
 visions of the three foregoing sections, and upon trial of the 
 case the plaintiff shall recover a judgment for any portion of 
 his demand so disputed, then the plaintiff shall be allowed in 
 addition to the costs of the suit, reasonable counsel fees, to be 
 fixed by the court, said fees not to be less than twenty-five dol- 
 lars nor more than one hundred dollars. 
 
 316 - Bills of exception may be signed in any cause pending 
 in any of said courts at any time within thirty days from the 
 rendition of the verdict of the jury or the findings of the court 
 upon the issues of fact in said cause, but not thereafter, unless 
 the time for signing said bill of exception shall have been previ- 
 
156 
 
 ously extended by order of court or by consent of parties ; but 
 nothing herein shall prevent either party from requiring the 
 bills of exception to be signed before verdict. 
 
 317 Any action taken or order passed by any of said courts 
 in relation to any judgment rendered by it, if taken or passed 
 within thirty days after the entry of such judgment, or upon a 
 motion or application made to it within said thirty days, shall 
 have the same effect and force as it would have had under the 
 practice heretofore existing in said court, if taken or passed 
 during the term, or upon a motion or application made during 
 the term at which said judgment was entered, and no more; but 
 any such action taken or order passed after the expiration of 
 thirty days from the entry of any judgment, (unless upon a 
 motion or application made within that time), shall have the 
 same effect and force as it would have had under such previous 
 practice, if taken or passed after the expiration of said term, 
 and no more ; and the said courts shall respectively have, for a 
 period of thirty days after the doing of any act or thing in any 
 cause before them, the same revisory power and control over 
 such act or thing which, under the practice heretofore existing, 
 they would have had over the same during the term at which 
 it was done, and no more ; and after thirty days from the doing 
 of any such act or thing, the said courts shall have the same 
 revisory power and control thereover, which, under such pre- 
 vious practice they would have had after the expiration of the 
 term at which said act or thing was done, and no more. 
 
 318. in all cases where the pre-existing laws direct or re- 
 quire that any act or thing shall be done in or by any of said 
 courts during the same term at which some other act or thing 
 may be done or happen, such first mentioned act or thing shall 
 hereafter be done within thirty days after the doing or happen- 
 ing of said last mentioned act or thing. 
 
 3! 9- All appeals from Justices of the Peace to the Balti- 
 more City Court shall stand for trial on the day following the 
 return day to which the appellee shall be returned summoned, 
 or the second return day to which the summons issued for the 
 appellee shall be returned non est. But before the Baltimore 
 
157 
 
 City Court shall proceed to try any such appeal, the court shall 
 first be satisfied that all costs incurred on the judgment and 
 proceedings before the justice have been paid by the appellant. 
 
 32 - In all cases in which appeals are or may be allowed to 
 the Baltimore City Court from the decisions of any commission- 
 ers, or other persons appointed in any manner to determine any 
 benefits or damages in any form of condemnation proceedings, 
 for the use of the Mayor and City Council of Baltimore, 
 it shall be lawful for the City to enter appeals in the 
 same manner and within the same time or times allowed for 
 their entry by other persons ; and all such appeals by whomso- 
 ever prayed within the time or times limited therefor, shall be 
 heard and determined by the Baltimore City Court as speedily 
 as may be, each person interested being secured in his, her or 
 its right to a jury trial ; and in case there should be more than 
 one appeal in reference to the same piece of property, they 
 may all be heard together, in the discretion of the Court, be- 
 fore one jury; provided, a sufficient panel of jurors be fur- 
 nished, so that the City and the. owners or representatives of 
 each separate interest or estate in such property may strike 
 four names from such panel; the practice, including the right 
 of appeal to the Court of Appeals in all such cases, shall con- 
 form as near as may be to the practice now prevailing in said 
 court in the trial of appeals from the decisions of the Commis- 
 sioners for Opening Streets. 
 
 321 - The Supreme Bench of Baltimore City shall annually 
 designate two members of the said bench to sit in their respec- 
 tive courts, attended by their clerks, during the annual sittings 
 of the Registers of Voters, and also on the four Saturdays im- 
 mediately preceding the September session of the Registers of 
 Voters of the City of Baltimore, for the purpose of hearing and 
 determining applications for naturalization, and such applica- 
 tions shall have precedence over all other business. 
 
 321A. The Supreme Bench is authorized to adopt rules and 
 regulations governing the subject of naturalization of aliens 
 in the Courts of Baltimore City, and imposing a uniform scale 
 of charges to be collected from the persons applying for natu- 
 
 
158 
 
 ralization to defray the expenses incident to the operation of 
 said rules and regulations. 
 
 322. Whenever the record of proceedings in any suit, ac- 
 tion or issue pending in one of the courts of common law in the 
 City of Baltimore shall be directed to be transmitted for trial to 
 some other such court of the said City, in accordance with Arti- 
 cle 4, section 8, of the Constitution, it shall be the duty of the 
 clerk of the court from which the said record of proceedings is 
 so directed to be removed, to immediately deliver to the clerk 
 of the court to which the same is so directed to be removed, all 
 the original papers in the said cause, together with a certified 
 copy of all docket entries relating to the same, which original 
 papers and copy of docket entries shall constitute such record 
 of proceedings for the purposes of such trial ; and it shall there- 
 upon become the duty of the judge of the court to which the 
 said suit, action or issue shall be removed immediately by spe- 
 cial order to assign the same for trial to such day, or in sequence 
 to such other causes as he shall consider just and proper. 
 
 Circuit Court of Baltimore City. 
 
 323. Whenever in any case instituted in the Circuit Court 
 a jury is asked for and allowed, or is desired by the Judge 
 thereof, the Judge shall issue an order to the Sheriff of Balti- 
 more City, requiring him to summon twenty jurors to attend 
 the court, when proceedings shall be had in such cases as is 
 usual in like cases in equity. 
 
 324. The Judge of the Circuit Court is not required to file 
 opinions for or in respect of any final decree or decretal order, 
 whenever such decree or order shall have passed upon argu- 
 ment, oral or in writing, on the part of any of the parties to a 
 cause. This section shall apply also to the Judge of the Cir- 
 cuit Court Number Two of Baltimore City. 
 
 Circuit Court Number Tivo of Baltimore City. 
 
 325. Another court is established in and for the City of Bal- 
 timore, to be styled the Circuit Court Number Two of Balti- 
 
159 
 
 more City. The powers and jurisdiction of said court shall be 
 concurrent with those now held and exercised by the Circuit 
 Court of Baltimore City, and both of said courts shall have the 
 same terms and return days; subject, however, to such rules and 
 regulations for a proper distribution and apportionment of 
 business between them as the Supreme Bench of Baltimore 
 City shall from time to time prescribe. 
 
 326. There shall be elected another Judge of the Supreme 
 Bench of Baltimore City, by the legal and qualified voters of 
 said City, at the election to be held in said City on the Tuesday 
 next after the first Monday of November, eighteen hundred 
 and eighty-eight; the said Judge, when elected, to be subject to 
 all the provisions of the Constitution relating to the Supreme 
 Bench in Baltimore City and the several judges thereof. 
 
 327. There shall be elected at the same election by the legal 
 and qualified voters of Baltimore City, a clerk for said Circuit 
 Court Number Two of Baltimore City, who shall be subject to 
 all the provisions of the Constitution relating to the Clerk of 
 the Circuit Court of Baltimore City. 
 
 Criminal Court of Baltimore. 
 
 328. The Criminal Court of Baltimore shall hold three reg- 
 ular sessions yearly, to commence on the second Monday of 
 January, second Monday of May, and second Monday of Sep- 
 tember; and such sessions shall continue until all the business 
 before it shall be finished. 
 
 329. At special sessions of said court, all cases may be tried 
 and disposed of as at the regular terms thereof. 
 
 330. The Criminal Court of Baltimore shall have jurisdic- 
 tion in all cases of felony, and other crimes, offences and misde- 
 meanors within the City of Baltimore. 
 
 33 ! Any person convicted in the Criminal Court of Balti- 
 more of larceny committed in Baltimore City to an amount 
 under five dollars, may in the discretion of the judge of the said 
 
160 
 
 court, be sentenced to hard labor in the jail of Baltimore City 
 for not less than six months nor more than two years, instead of 
 the penitentiary. 
 
 332. All commitments and recognizances for all felonies, 
 crimes, offences and misdemeanors committed within said City, 
 shall be returned from time to time by any Justice of the Peace 
 taking the same before said court, and shall be lodged with the 
 clerk of said court on the day next preceding the day appointed 
 for holding the said court. 
 
 333 It shall be the duty of the Sheriff to make return of 
 each capias upon presentment or indictment from said court 
 within five days after the same is delivered to him by the clerk; 
 and if said capias is returned non est, the clerk shall, in the dis- 
 cretion of the State's Attorney of Baltimore City, order said 
 capias to be re-issued, and the same capias shall again be deliv- 
 ered to the Sheriff; and the date of the first return thereof shall 
 be endorsed thereon; and the second return shall be made 
 within the time above specified; and in case the said capias is 
 returned the second time non est, the same shall be again so 
 endorsed and delivered to the Sheriff. 
 
 334. The Clerk of said court and the Sheriff of said City 
 shall be allowed only the fees for the issue of one capias, or 
 for the service of one capias in each term, however often the 
 same may be issued or returned. 
 
 335. All subpoenas for witnesses from said court shall be 
 returned by the Sheriff within six days after the same are issued 
 by the clerk, or within six days after the day of the renewal of 
 such subpoenas, unless the same are ordered to be returned im- 
 mediately, in which case they shall be so returned, if practicable. 
 
 336. The said Sheriff shall be allowed for the service of one 
 subpoena only, against any witness that may be returned non est, 
 and for whom the said subpoena may be renewed, whether once 
 or oftener in one term. 
 
161 
 
 337. The clerk of said court, if a subpoena is renewed by 
 order of the State's Attorney, or by the counsel of the prisoner 
 or traverser, shall endorse the renewal, on the subpoena, and 
 the same shall have all the legal effect of a new subpoena issued 
 in the term of said court during which said subpoena was first 
 issued. 
 
 338. The Sheriff of said City shall be subject to a penalty of 
 five dollars in each case in which returns are not made within 
 the time prescribed in this sub-division of this Article. 
 
 339. Witnesses appearing before the Grand Jury shall be 
 sworn in the presence of the Grand Jury by the foreman or by 
 some other member appointed by the foreman for that purpose. 
 
 340. i n all cases of misdemeanor which may be prosecuted 
 in said court at the instance of any person, if the party so prose- 
 cuted shall be acquitted, all the legal costs and expenses attend- 
 ing the prosecution shall be paid by the person at whose in- 
 stance such prosecution was commenced, unless the court shall 
 certify that there was probable cause for the prosecution. 
 
 341. The same process may be issued for the recovery of 
 the costs and expenses of such prosecution against the person 
 who may become liable therefor under the last preceding sec- 
 tion, as could be issued against the party prosecuted, if he had 
 been convicted. 
 
 342. The Mayor and City Council of Baltimore shall not be 
 liable in any criminal cases tried in the Criminal Court of Balti- 
 more for the appearance fees allowed by law to the attorney of 
 the traverser. 
 
 343. Whenever the Grand Jury shall find any presentment 
 against any person for misdemeanor they shall endorse on the 
 presentment the name of the person at whose instance such pre- 
 sentment is made, who shall be deemed and taken to be the per- 
 son at whose instance such prosecution was commenced. 
 
 If any security in any recognizance shall request to 
 deliver up the principal, said court, or the judge thereof in the 
 
162 
 
 recess, may accept such surrender, and may require and take, 
 other recognizance, or commit the principal to jail until he 
 gives such security as the law requires. 
 
 345 - If any person convicted in .said court shall have a child 
 or children under the age of twenty-one years, and shall not 
 have property sufficient to maintain such child or children, the 
 said court may bind such child or children to any trade or 
 handicraft; females until the age of sixteen, and males until the 
 age of twenty-one years. 
 
 346 If any person who shall be summoned as a witness to 
 said court shall fail to attend as required in said summons, he 
 shall be fined by said court in its discretion, not exceeding one 
 hundred and fifty dollars. 
 
 In all criminal cases in the said court in which bail 
 shall be forfeited, the person who shall have entered into such 
 recognizance for the appearance of any traverser or prisoner 
 shall be liable forthwith to an attachment for contempt for the 
 non-appearance of said party, which attachment shall be issued 
 by the court in which an indictment against said traverser or 
 prisoner is pending, at the instance of the attorney prosecuting 
 therein. 
 
 348 In all cases in which bail as aforesaid is forfeited, the 
 court may, on the return of said attachment, order the person 
 attached to stand committed until the amount of said recogni- 
 zance is fully paid and satisfied, or may order said person to be 
 discharged upon the payment of such lesser sum as it shall, in 
 its discretion, deem proper; provided, such sum be not less 
 than the amount of the costs which may have accrued in the 
 case up to the time of passing such order. 
 
 349 - In all criminal cases removed from the Circuit Court 
 for Baltimore County to the Criminal Court of Baltimore and 
 tried, the Judge of the Criminal Court may allow to the State's 
 Attorney for Baltimore City, in addition to the sum now al- 
 lowed by law, a compensation not exceeding forty dollars in 
 any one case, to be paid by Baltimore County to the City Reg- 
 ister, for the benefit of the State's Attorney. 
 
163 
 
 350. The Criminal Court of Baltimore may appoint assist- 
 ant counsel for the State to aid in the trial of criminal or other 
 State cases in said court, whenever in the judgment of the 
 court the public interest requires it. 
 
 351. The Mayor and City Council of Baltimore shall levy 
 .and pay such sum as in their judgment will be an adequate 
 compensation for the services rendered by such assistant coun- 
 sel; provided, the sum levied and paid in any single case shall 
 not exceed one hundred dollars. 
 
 Orphans' Court. 
 
 352. The Judges of the Orphans' Court of Baltimore City 
 :shall receive five dollars for every day's attendance upon the 
 sessions of said Court, to be paid by the City of Baltimore 
 monthly, and the sessions of said Court shall continue from 
 ii A. M. until 3 P. M., if necessary for the transaction of 
 
 .business of the Court. 
 
 353. The Bailiff of said Orphans' Court shall receive five 
 dollars a day for each day's attendance upon said Court. 
 
 Register of Wills. 
 
 354. The Register of Wills of Baltimore City, upon his 
 election or appointment, and at and before the expiration of 
 every two years thereafter, shall give bond to the State of Mary- 
 land in the sum of thirty thousand dollars, conditioned for the 
 faithful performance of all the duties now or which may here- 
 after be required of him by law, with securities, the sufficiency 
 of which shall be certified by the Judges of the Orphans' Court 
 for said City, the same to be approved by the Comptroller of 
 the State, and when approved, to be filed in his office. 
 
 355. When 'said bond is inspected by the judges of said 
 court, and is deemed good and sufficient, and is so certified, the 
 same shall be forthwith entered among the proceedings of said 
 court, and sent to the Comptroller for his approval; and when 
 
164 
 
 said bond shall be approved by the Comptroller, he shall forth- 
 with make a certificate of the fact of such approval, and send 
 the said certificate to the Judges of said Orphans' Court, and 
 the same shall be entered among the proceedings of the court. 
 
 356. A refusal or neglect on the part of said Register to- 
 give bond, to be approved and recorded as aforesaid, within 
 the time prescribed, shall be deemed a disqualification within 
 the meaning of the Constitution, and thereupon his place shall 
 be filled according to the provisions of the 25th and 41 st sec- 
 tions of the 4th Article of the Constitution, and subject to the 
 term and service therein prescribed. 
 
 Clerks of Law Courts of Baltimore City. 
 
 357. The Clerk of the Superior Court of Baltimore City 
 shall give bond to the State of Maryland in the sum of thirty 
 thousand dollars; the Clerk of the Court of Common Pleas in, 
 the sum of fifty thousand dollars, and the Clerk of the Balti- 
 more City Court in the sum of twenty thousand dollars, each- 
 of said bonds conditioned for the faithful performance of all 
 the duties now required of each of said clerks by law, with 
 sufficient securities; the sufficiency of which securities shall be 
 certified to by the Judge of each of said courts, and approved 
 by the Comptroller of the State as herein directed. 
 
 358. When the sufficiency of the securities in each of said . 
 bonds is certified to by the judges of the several courts, the 
 bonds shall be immediately recorded among the proceedings^ 
 of the court to which the said clerk belongs, and then sent to 
 the Comptroller for his approval ; and if the Comptroller shall 
 approve said bonds and securities he shall certify the same to 
 the judges of said several courts, and such certificates shall be 
 recorded in such respective courts. 
 
 359. Each of said clerks shall every second year renew his- 
 said bond in the' same penalty, and with securities to be certi- 
 fied and approved as hereinbefore directed. 
 
165 
 
 360. if an y one of the clerks of said courts shall fail to 
 give bond as hereinbefore directed, within thirty days after he 
 has received his commission, or shall fail to give a new bond 
 within thirty days after the expiration of two years from the 
 date of the bond previously given, it shall be regarded as a 
 misdemeanor in office, and upon conviction thereof he shall be 
 removed. 
 
 361. No deputy or assistant of a clerk shall become a 
 surety on his official bond. 
 
 362. Xhe Clerks of the Superior Court of Baltimore City, 
 of the Common Pleas, and Baltimore City Court are each au- 
 thorized and required to prepare an index of all judgments 
 rendered in the courts aforesaid; and they shall severally, on 
 each day after the adjournment of court, enter in a book to be 
 provided for that purpose, an index of each judgment rendered 
 in the court whereof he is clerk; and they are authorized 
 severally to charge and receive ten cents for each judgment 
 indexed as aforesaid; said fee to be taxed in the bill of costs 
 of each case in which judgment is entered to be collected as 
 other fees are now collected. 
 
 363. All the provisions of sections 57-62 of Article 17 of the 
 'Code of Public General Laws, title "Clerks of Courts/' sub- 
 title "Clerks of the Circuit Courts," relating to the obtaining 
 of blank licenses, granting the same and returning an account 
 thereof to the Comptroller by the clerks of the circuit courts 
 ior the counties, shall apply to the Clerk of the Court of Com- 
 mon Pleas, and it shall be his duty to comply with such pro- 
 visions. 
 
 364. Xhe Clerk of the Superior Court of Baltimore City 
 : is authorized and empowered to have fair and legible copies 
 made of such land record books in his custody of the classes 
 >and description hereinafter named, as have become worn, mu- 
 tilated or illegible, that is to say, fifty-six volumes of the said 
 land record books, of a date prior to the year eighteen hundred; 
 -five volumes of the series of land record books known as "W. 
 G." and eight volumes of the said land record books, of the 
 series known as "E. D." 
 
166 
 
 i 
 
 365. A copy made in pursuance of the provisions of the 
 preceding section, and compared and certified under oath by 
 the said Clerk of the Superior Court of Baltimore City, to be a 
 true copy, shall have the same force and effect when deposited 
 among the said land records of said City, as if it were an origi- 
 nal record. 
 
 366. After the aforesaid copies shall have been duly made 
 as above provided, the original land record books so replaced 
 shall be removed to some place of safe keeping by the said 
 Clerk of the Superior Court of Baltimore City, and carefully 
 preserved, and only exhibited or allowed to be inspected upon 
 an order of court, or in the discretion of the said Clerk of the 
 Superior Court of Baltimore City. 
 
 Clerk of tlie Criminal Court of Baltimore. 
 
 367. The Clerk of the Criminal Court of Baltimore shall ; 
 give bond to the State of Maryland in the penalty of fourteen 
 thousand dollars, with sufficient security, to be approved by 
 the Judge of said court, and conditioned for the faithful per- 
 formance of all the duties now required, or which may here- 
 after be required of him by law, and to be recorded in the office 
 of said clerk. 
 
 368. The said clerk shall renew said bond at the same time 
 and under the same penalty as are prescribed for the clerks of 
 the Circuit Courts. 
 
 Clerk of Circuit Court of Baltimore City, and of the Circuit 
 Court Number T^vo of Baltimore City. 
 
 369. The Clerk of the Circuit Court of Baltimore City, and 
 of the Circuit Court Number Two of Baltimore City, shall 
 respectively enter into bond to the State in the penalty of 
 twenty thousand dollars, conditioned for the faithful discharge 
 of his duties, with security to be approved by the Judge oi 
 said courts. 
 
167 
 Salaries of Clerks of Courts. 
 
 370. Whenever the fees or other compensation of any of 
 the clerks of the courts of Baltimore City shall, after the pay- 
 ment of all necessary expenses, fail to pay such officers the 
 salary provided for by the Constitution, and any of said clerks 
 shall, under section ist, Article 15, of the Constitution, have 
 paid to the State any sum of money as excess, after retaining* 
 his salary, such excess is appropriated to the payment of the 
 salary so in arrear until each of said clerks shall have received 
 the full amount thereof; and it shall be the duty of the Comp- 
 troller of the State to draw a warrant upon the State Treasurer 
 for the payment of said arrears out of the said excess, not to 
 exceed the whole amount so in arrear, and not to exceed the 
 whole amount of said excess paid into the treasury of the 
 State. 
 
 371. The Comptroller of the State of Maryland be and he 
 is hereby directed to draw a warrant upon the State Treasurer 
 for the payment of the sum of twenty-five hundred dollars per 
 annum in each and every year, in quarterly instalments of six 
 hundred and twenty-five dollars at the end of each and every 
 quarter, for the compensation of the trust clerk designated by 
 the Supreme Bench of Baltimore City in the offices of the Cir- 
 cuit Court of Baltimore City and Circuit Court No. 2 of Balti- 
 more City, for the supervision of the trust estates in said courts, 
 payment of said salary to be made out of any money paid by 
 the clerks of the several courts of Baltimore City unto the 
 State Treasury, and on the certificate of some one of the 
 judges of the Supreme Bench of Baltimore City that such trust 
 clerk has performed his duties for the time so certified by said 
 judge. 
 
 Criers, Bailiffs, Watchmen and Stenographers. 
 
 372. The Clerks of the Circuit Court, Circuit Court Num- 
 ber Two, the Criminal Court, the Court of Common Pleas, 
 the City Court and the Superior Court of Baltimore City shall 
 severally, at the end of every month, certify to the Mayor and 
 
168 
 
 Register of the City the amount due the several bailiffs and 
 criers of their respective courts, and the Mayor and Register 
 shall pay them accordingly. 
 
 373. The City Register shall pay to the crier of the Supe- 
 rior Court of Baltimore City, the crier of the Baltimore City 
 Court, and the crier of the Court of Common Pleas of Balti- 
 more City the sum of fifteen hundred dollars per annum, in 
 monthly instalments of one hundred and twenty-five dollars at 
 the end of each and every month, as and for their respective 
 salaries, on the certificates of said clerks of the said, courts that 
 said criers have performed their several duties as criers of said 
 courts for the time so certified by said clerks. 
 
 374. The City Register shall pay to the bailiffs, respec- 
 tively, of the Superior Court of Baltimore City, of the Court 
 of Common Pleas of Baltimore City, of the Baltimore City 
 Court, of the Circuit Court of Baltimore City, of the Circuit 
 Court Number Two of Baltimore City and of the Criminal 
 Court of Baltimore City the sum of fifteen hundred dollars 
 per annum, as and for their respective salaries, at the same 
 time and in the same manner as is provided in the preceding 
 section for the payment of the salaries of the crier of the Supe- 
 rior Court, the crier of the Baltimore City Court and the crier 
 of the Court of Common Pleas of Baltimore City. 
 
 375. The Clerk of the Circuit Court of Baltimore City and 
 the Clerk of the Circuit Court Number Two of Baltimore City 
 are respectively authorized and empowered to appoint a night 
 watchman, whose duty shall be to strictly and vigilantly guard 
 throughout the year, between the hours of six P. M. and seven 
 A. M., the records and papers deposited in their respective 
 offices, and who shall be removed in the discretion of the said 
 clerks, respectively, for neglect or carelessness in the discharge 
 of his duties, or for other good and sufficient cause. 
 
 376. The City Register shall pay to the said watchmen the 
 sum of nine hundred dollars per annum, as and for their re- 
 spective salaries, in the same manner as is provided for the 
 payment of the salaries of the bailiffs of the courts. 
 
169 
 
 377. The Clerk of the Court of Common Pleas in Balti- 
 more City is authorized and empowered to appoint a night 
 watchman, whose duty it shall be to strictly and vigilantly 
 guard, throughout the year, the records and papers deposited 
 in the office of the Clerk of the Court of Common Pleas, and 
 who shall be removed, in the discretion of the said clerk, for 
 neglect or carelessness in the discharge of his duties, or for 
 other good and sufficient cause. 
 
 378. The City Register shall pay to the said watchman the 
 sum of eighty-three dollars and thirty-three cents per month, 
 as and for his salary, in the same manner as is provided for 
 the payment of the salaries of the bailiffs of the courts. 
 
 379. The Judges of the Supreme Bench of Baltimore City 
 are authorized and directed to appoint from time to time as 
 many court stenographers, not exceeding in number altogether 
 the number of said judges, as shall in their discretion be re- 
 quired for the services of the several courts of Baltimore City, 
 who shall be sworn officers of the court, and shall each be 
 paid a salary of fifteen hundred dollars per annum, when such 
 stenographers shall be required to attend the courts regularly, 
 or ten dollars per diem for each day of actual employment, 
 when he shall be appointed to attend only when his service 
 shall be specially required by the judge; said salaries to be 
 paid in like manner as the salaries of the other officers of the 
 courts are now paid as prescribed in section 372 of this sub- 
 division. 
 
 380. Each of the stenographers so appointed shall be 
 skilled in the practice of his art, and shall hold his position dur- 
 ing the pleasure of the Supreme Bench. It shall be his duty, 
 under the direction of the judge of the court to which he 
 may be assigned for the time being, to take full stenographic 
 notes of all oral testimony and judicial opinions orally deliv- 
 ered in every judicial proceeding; and it shall be his duty to 
 furnish to any party to such proceeding, upon request, a type- 
 written copy of the notes of testimony and judicial opinions 
 so taken by him, or of such part thereof as may be required, 
 on payment by such party of the expenses of such copy, at 
 
170 
 
 such rates as shall be fixed by rule of court at the time. When- 
 ever any judge shall be satisfied that a copy of all or any part 
 of the stenographic notes of testimony or judicial opinions, 
 taken during any judicial proceeding at which he presided, is 
 necessary for the purpose of justice, he shall, under such rules 
 as shall be prescribed by the Supreme Bench, pass an order 
 that the expense of making a copy of such part of said steno- 
 graphic notes as he shall specify in said order shall be deemed 
 a necessary disbursement of the proceeding, and allowed as 
 such to the prevailing party, and it shall be so taxed in the 
 bill of cost, but shall be paid in the first instance as shall be 
 directed in said order. 
 
 381. Xhe Judges of the Orphans' Court of the City of 
 Baltimore are authorized and directed to appoint a stenog- 
 rapher for that court, who shall be a sworn officer of the court, 
 but shall be required to attend the sessions of such court only 
 when specially summoned by the presiding judge thereof. 
 The stenographer so appointed shall be skilled in the practice 
 of his art, and shall hold his position so long as he efficiently 
 discharges the duties of his office. In any proceeding in said 
 court in which either party shall give notice that in the event 
 of a decision of said court adverse to the claim of such party, 
 an appeal will be taken to the Court of Appeals, the presiding 
 judge of the court shall require the attendance of the stenog- 
 rapher, whose duty it shall be in such proceedings to take full 
 stenographic notes of all oral proofs and judicial opinions 
 orally delivered; and in case appeal shall be taken from the 
 decision of the court, such notes shall be transcribed, and after 
 being signed by the witnesses, deponents or affiants, shall be- 
 come a portion of the record of the case, to be transmitted by 
 the judges of the court to the Court of Appeals. By consent 
 of the parties to the proceeding in which such proofs shall be 
 taken, and of the judges of said court, the signing of such 
 record of proof by the witness, deponent or affiant, may be 
 waived; in which case such record, after being authenticated 
 by the certificate of said stenographer, or of the presiding 
 judge of the court, shall be deemed to be the record of any 
 proofs or proceedings so taken. The stenographer shall re- 
 ceive as compensation for his services the sum of eight dollars 
 
171 
 
 for each day of actual attendance at the court, by direction of 
 the presiding judge thereof, which sum the presiding judge 
 shall cause to be paid equally by the respective parties to the 
 proceeding in which the notes shall be taken, and shall en- 
 force payment thereof; and if the notes so taken shall be 
 transcribed, as hereinbefore provided, the expense of such 
 transcription, at the rate of ten cents for each one hundred 
 words so transcribed, shall be taxed in the bill of costs of the 
 proceeding to the party appellant, and shall thereafter be 
 awarded as costs by the Court of Appeals, in accordance with 
 the provisions of the Code of Public General Laws. 
 
 382. The stenographer in each of the courts hereinbefore 
 named may appoint an assistant stenographer, who shall also 
 be a sworn officer of the court, to assist him in the discharge 
 of his duties; provided, that no additional compensation shall 
 be paid or expense incurred by reason of such appointment. 
 
 Sheriff. 
 
 383. The Sheriff of Baltimore City shall be allowed four 
 dollars per day for every day he shall attend, either in person 
 or by deputy, in the Superior Court of Baltimore City, and in 
 the Court of Common Pleas, and in the Baltimore City Court, 
 and in the Criminal Court of Baltimore, to be paid to him out 
 of the money received as fees or fines in the Sheriff's office, 
 belonging to the State. 
 
 384 Any officer may send out his fees on execution at any 
 time during the year. 
 
 385. The Sheriff shall collect the fees due to the following 
 officers, which may be placed in his hands for collection, 
 namely: attorneys, clerks of all the courts, commissioner of 
 the land office, coroners, criers, registers of wills, surveyors 
 and sheriffs. 
 
 386. The Sheriff may distrain or execute the goods and 
 chattels of any person against whom any fees are placed in his 
 
172 
 
 hands for collection; provided, he has sixty days previously 
 delivered to such person, or left at his place of abode, an ac- 
 count of such fees. 
 
 Witnesses. Docket Entries and Records. 
 
 387. Witnesses attending any of the Courts of Baltimore 
 City, except the Criminal Court of Baltimore, shall be entitled 
 to fifty cents a day, and in the Criminal Court shall not be 
 entitled to said allowance, except by the express 'order of the 
 Court, and only in such cases as the Court in its discretion may 
 -deem proper. But any of the Courts of Baltimore City may, 
 in its discretion, allow itinerant charges to out-of-town wit- 
 nesses. 
 
 388 In any suit now pending, or hereafter to depend, in 
 any court in the City of Baltimore, wherein a transcript of the 
 record of any cause in any other court in the City of Baltimore 
 might be offered in evidence, it shall be sufficient to produce 
 the docket entries and original papers and proceedings in said 
 last-mentioned cause, or the record book in which the same 
 have been recorded, if required by law to be recorded, and 
 actually recorded, and offer the same in evidence; and the 
 same, when so produced and offered in evidence, shall have the 
 same effect, to all intents and purposes, as a transcript of the 
 record thereof, under the seal of the court wherein the same 
 are; and such production may be had by any party to a suit 
 upon a subpoena duces tecum issued to the clerk of the court 
 wherein such docket entries, original papers and proceedings 
 may be. 
 
 Costs. 
 
 389. l n a n actions at law for wrongs, independent of con- 
 tracts, in any of the courts of Baltimore City, where the ver- 
 dict or inquisition of damages after default made shall be for 
 a sum less than fifty dollars, the cost shall be adjudged to 
 the defendant, unless the Court shall otherwise determine; but 
 the Court, before allowing costs to the plaintiff in such case, 
 shall be satisfied that he had good reason for not bringing suit 
 
173 
 
 oefore a Justice of the Peace ; and in all cases of appeals what- 
 soever from judgments of Justices of the Peace in Baltimore 
 City, costs shall be allowed to plaintiff or defendant, in the dis- 
 cretion of the Court; provided, that in all cases involving the 
 title to real estate, wherein the verdict or judgment is for the 
 plaintiff, he shall be allowed his costs. 
 
 CRUELTY TO ANIMALS. 
 
 390. if an y person shall wilfully cause or procure any 
 bull-baiting, cock-fighting or the fighting of dogs, in the City 
 of Baltimore, or shall wilfully and wickedly kill, cripple or com- 
 mit acts of cruelty upon animals in said City, or any of the 
 streets, lanes or alleys thereof, every such person and those 
 aiding therein shall be liable to prosecution and punishment 
 in the Criminal Court of Baltimore as for other misdemeanors. 
 
 391. Whoever shall unnecessarily overdrive, overload,, 
 overwork, torture, torment, deprive of necessary sustenance, 
 cruelly or unnecessarily beat, cruelly mutilate or cruelly kill, or 
 cause to procure to be so unnecessarily overdriven, overloaded, 
 overworked, tortured, tormented, deprived of necessary suste- 
 nance, cruelly or unnecessarily beaten, mutilated or killed, any 
 horse, ox or other animal, shall be punished by a fine of not 
 less than five dollars, nor more than twenty dollars, to be re- 
 covered on complaint of any member of the Society for the 
 Prevention of Cruelty to Animals, or by any other person, be- 
 fore any Justice of the Peace in Baltimore City, or before any 
 Justice of the Peace or Judge of any court in any county in this 
 State. 
 
 392. Every owner, driver or possessor, or person having 
 charge or custody of a maimed, disabled or diseased horse, 
 mule or other animal, who shall cruelly work the same when 
 unfit for work, or cruelly abandon the same, shall be punished 
 in the same manner as provided in section 391. 
 
 393 It shall be the duty of any Justice of the Peace in 
 the City of Baltimore, or the judge of any court therein, or in 
 any county in this State, before whom is brought for trial any 
 person charged with the violation of any of the provisions of 
 
174 
 
 this sub-division of this Article, to admit the president of the 
 Society for the Prevention of Cruelty to Animals, or the coun- 
 sel of said society, to aid any State's Attorney in the prosecu- 
 tion of such person. 
 
 394 - Any person who shall keep or use any bull, bear or 
 dog, for the purpose of fighting or baiting the same, or as a 
 target to be shot at, either for amusement or as a test of skill 
 in marksmanship, or who shall be a party to or be present as a 
 spectator at any such fighting, baiting or shooting of any bear, 
 bull or dog, or any person who shall rent any room, shed, 
 ground or premises for the purpose of fighting, baiting or 
 shooting any animal, as aforesaid, shall, upon conviction 
 thereof, be deemed guilty of a misdemeanor, and be punished 
 by a fine of not less than fifty dollars, or be imprisoned in the 
 jail of the City of Baltimore, or in the county jail of the county 
 in which the offense may have been committed, for not less 
 than thirty days nor more than ninety days, or be both fined 
 and imprisoned, in the discretion of the court before whom 
 such person may be tried and convicted. 
 
 DEAF, DUMB AND BLIND. 
 
 395. It shall be the duty of the Mayor and City Council 
 of Baltimore, on the application of any parent, guardian or 
 next friend (provided such parent, guardian or next friend has 
 been a bona fide citizen of this State for at least two years 
 previous to such application) of any deaf and dumb person of 
 teachable age and capacity, not exceeding the age of twenty- 
 one years, to inquire into the age and capacity of said deaf 
 and dumb person, and also into the ability of such person, his 
 or her parent or guardian, to pay the expense of his or her 
 education; and if satisfied by evidence produced that such 
 person is of teachable age, and is endowed with capacity to 
 receive instruction, and that neither person, or his or her 
 parents or guardian is possessed of means to pay for such in- 
 struction, then it shall be the further duty of the Mayor and 
 City Council of Baltimore aforesaid to certify the same to the 
 Governor of this State. 
 
175 
 
 396. On receiving the certificate of the Mayor and City 
 Council of Baltimore as aforesaid, it shall be the duty of the 
 Governor to authorize the instruction of said deaf and dumb 
 person in the Maryland Institute for the Education of the Deaf 
 and Dumb, located at Frederick, for a term not exceeding 
 seven years; and it shall be the further duty of the Governor, 
 on the certificate of the president of said institution that such 
 deaf and dumb person has been taught at said institution, to 
 order the Comptroller of the Treasury to draw his warrant on 
 the Treasurer of the State for two hundred dollars per annum 
 for each deaf and dumb person taught in pursuance of his 
 authority at said institution, payable to the president thereof, 
 in quarterly payments, on the first days of January, April, 
 July and. October in each year; and the Governor shall also 
 order the Comptroller of the Treasury to draw on the State 
 Treasurer his warrant, payable to the proper party, for the 
 expenses necessarily incurred in transporting and returning 
 said deaf and dumb person; provided, that the whole amount 
 drawn from the treasury for the purposes aforesaid shall not 
 exceed seven thousand five hundred dollars in any one year; 
 provided further, that the Governor shall dispose of applica- 
 tions in behalf of deaf and dumb persons, under the provisions 
 of this sub-division of this Article, in the order in which they 
 may be made ; and if the applications be more than sufficient to 
 absorb the foregoing appropriation, he shall suspend the ac- 
 tion upon the excess until vacancies occur, or further provision 
 be made by the General Assembly. 
 
 A sum not exceeding twenty-one thousand dollars 
 shall be and is hereby annually appropriated, to be applied, un- 
 der the direction of the Governor, in placing for instruction in 
 the Maryland Institution for the Instruction of the Blind, such 
 indigent blind persons of the age of nine years and upwards, 
 inhabitants of this State and the county or City from which 
 they are recommended, to the Governor by the county com- 
 missioners of each county, or the judges of the Orphans' Court 
 of Baltimore Cit. 
 
 398. The recommendation shall state that such blind per- 
 sons are in such indigent circumstances as to be unable, from 
 
176 
 
 their own resources, or those of their parents, to obtain instruc- 
 tion, and are of good natural capacity. 
 
 399. The amount per annum paid for any one individual 
 shall not exceed the sum of three hundred dollars, nor the 
 term of instruction eight years. 
 
 400. The Governor shall report to the General Assembly 
 at each regular session thereof the amount of money expended 
 by him in pursuance of the provisions of this sub-division of 
 this Article, and the names, ages and places of residence of the 
 different applicants. 
 
 DESTROYING PROPERTY MALICIOUSLY. 
 
 40 ! If any person shall maliciously cut, disfigure, muti- 
 late, damage, destroy, or otherwise injure any goods, wares, 
 materials or merchandise intended to be manufactured, made 
 up or converted into garments, wearing apparel or other ar- 
 ticles of merchandise, and belonging to any other person, or 
 shall maliciously cut, disfigure or otherwise injure any gar- 
 ments, wearing apparel or other articles of merchandise be- 
 longing to any other person, or shall cause the same to be 
 done, or shall by any means cause or incite any person to do 
 the same, upon conviction thereof, before any tribunal of com- 
 petent jurisdiction, he shall be fined not more than fifty dol- 
 lars, or be sentenced to imprisonment in the House of Correc- 
 tion for not more than six months, -or both fined and impris- 
 oned in the discretion of the court. 
 
 ELECTIONS PRIMARY. 
 
 4O2. All primary elections hereafter to be held in the City 
 of Baltimore by any political party, which, at the preceding 
 general election polled a sufficient percentage of the vote cast 
 to entitle it to have its candidates placed upon the official ballot 
 by nominations made by primary elections, or by convention, 
 shall be by ballot, and at such time, in such manner, and subject 
 to such rules and regulations as may be prescribed by the regu- 
 lations, customs and party usages of the political party holding 
 such primary elections, and not inconsistent with the provis- 
 ions of this Article. 
 
177 
 
 403. if an y person at any primary election of any political 
 party, held hereafter in the City of Baltimore for the purpose 
 of selecting one or more candidates to be voted for by the peo- 
 ple for public office, or for the purpose of selecting delegates to 
 any convention of such political party, shall knowingly per- 
 sonate and vote, or attempt to vote in the name of any other 
 person, whether living, dead, or fictitious, or vote or attempt 
 to vote more than once at any such primary election, or know- 
 ingly and fraudulently vote, or attempt to vote at a place where 
 he is not entitled to vote, or by force, threat, intimidation, 
 bribery, reward or offer thereof, unlawfully prevent any person 
 entitled to vote at such primary election, from freely exercising 
 his right to vote thereat, or by any fraudulent means, induce or 
 compel any person entitled to vote to refuse to or abstain from 
 exercising such right, or induce or compel by any fraudulent 
 means any judge or other officers of any such primary election, 
 to receive a vote from any person not entitled to cast such vote, 
 he shall, on conviction thereof, be deemed guilty of a misde- 
 meanor, and be punished by a fine of not more than two hun- 
 dred dollars or by imprisonment in jail, for not more than six 
 months, or by both such fine and imprisonment, in the discre- 
 tion of the court. 
 
 If any judge, or other officer of a primary election 
 shall knowingly and fraudulently receive a vote from any per- 
 son not entitled to vote, at such primary election, or knowingly 
 and fraudulently refuse to receive the vote of any person enti- 
 tled to vote at such primary election, or shall fraudulently make, 
 sign, publish or deliver any false tally or return of the result of 
 any such primary election, or any certificate of the result of a 
 primary election, knowing the same to be false, he shall, on 
 conviction thereof, be deemed guilty of a misdemeanor, and be 
 punished by a fine of not more than three hundred dollars, or 
 by imprisonment in jail for not more than six months, or 
 by both such fine and imprisonment, in the discretion of the 
 court. 
 
 405. If any person, whether an officer of such primary elec- 
 tion or not, shall knowingly and fraudulently put any ballot, 
 or other paper, having the semblance of a ballot, into any bal- 
 
178 
 
 lot box being used, or to be used for receiving the votes at any 
 such primary election, with intent to affect the result of such. 
 primary election, during such primary election, and in good. 
 faith received as such, or if any person shall, before or during, 
 the canvass of ballots at any such primary election, in any man- 
 ner change, substitute or alter any ballot taken from the ballot 
 box, then being canvassed or about to be canvassed, or shall 
 remove any ballot or semblance thereof from, or add any ballot 
 or semblance thereof to, the ballot taken from such ballot box,, 
 and then being canvassed, he shall, on conviction thereof, be 
 deemed guilty of a misdemeanor, and shall be punished by a. 
 fine of not more than three hundred dollars, or by imprison- 
 ment in jail for not more than six months, or by both such fine- 
 and imprisonment, in the discretion of the court. 
 
 4O6 - If any oath or affirmation is administered by the- 
 judges or other officers of any primary election, to any person 
 or persons, for the purpose of determining the right of such 
 persons, or of any other person, to vote at such primary elec- 
 tion, and any person taking such oath shall wilfully and pur- 
 posely swear falsely in regard to any matter so inquired of, he 
 shall be deemed guilty of a misdemeanor, and, on conviction 
 thereof, be punished by a fine of not more than three hundred 
 dollars, or by imprisonment in jail for not more than six 
 months, or by both such fine and imprisonment, in the discre- 
 tion of the court. 
 
 One accredited representative of each and every can- 
 didate or group of candidates, to be voted for at each primary 
 election, to be designated in writing, by such candidates or 
 group of candidates, and in case of his necessary absence a sub- 
 stitute similarly selected, shall be entitled to be, and remain in 
 full view of the ballot box from the opening to the close of the- 
 election, and during the count of the ballots, shall be entitled 
 to take such position as will enable him to scrutinize the ballots 
 as they are counted by the proper officers of the primary elec- 
 tion, and a refusal to permit any such duly accredited repre- 
 sentative to exercise such rights, shall be a misdemeanor, pun- 
 ishable by a fine not exceeding two hundred dollars, or by im- 
 prisonment not exceeding three months, or by both fine and; 
 imprisonment, in the discretion of the court. 
 
179 
 
 If at the place appointed for holding any such election, 
 and when ten minutes after the time fixed for beginning the 
 same have expired, any one or more of the judges so elected 
 shall fail to appear, or appearing, shall not have qualified, the 
 other judges or judge present and qualified shall appoint from 
 among the friends of the candidate in whose interest said judge 
 or judges who failed to appear was or were appointed, some 
 other person or persons having the requisite qualification to 
 act as judge or judges of said election, and administer to him 
 or them the oath or affirmation required in the preceding sec- 
 tion, so that there shall always be three judges at such election; 
 and if any or both of said clerks shall fail to appear or qualify 
 within the time aforesaid, the judges of election of said ward 
 shall appoint from among the friends of the candidate in whose 
 interest said clerk was appointed, one or both clerks, as the 
 case may be, having the requisite qualifications, and qualify 
 them to act as such; no votes shall be received by said judge or 
 judges until the number of judges and clerks shall have been 
 completed and qualified as provided under the provisions of 
 this sub-division of this Article. 
 
 409. TXQ person shall vote at any such election who is not a 
 duly qualified and registered voter in the ward where he offers 
 to vote, and has not also the qualifications prescribed and pub- 
 lished as hereinbefore required by the managing convention of 
 the political association or party under whose authority the 
 election is called. 
 
 410. It shall be the duty of the executive committee of the 
 managing convention of the political association under whose 
 authority such election is called, to furnish to the Board of Po- 
 lice of said City, a ballot-box for each ward, containing a poll 
 book, a printed copy of this law, and of the resolutions and rules 
 adopted by said managing convention for the conduct of the 
 election, and a copy of the registration lists of the ward, duly 
 certified by the Clerk of the Superior Court; the said clerk 
 being required to furnish such certified copies to any such ex- 
 ecutive committee upon demand, and upon the payment of the 
 usual fees; and it shall be the duty of the said Board of Police 
 to cause the said ballot-boxes to be delivered immediately 
 
180 
 
 before the opening of such election, to the judges of election 
 of each ward, at the respective polling places ; before any ballot 
 shall be received, the ballot-boxes shall be inspected by the 
 judges of election in the presence of any persons who may 
 choose to attend, and placed in a conspicuous position, in full 
 view of persons outside the polling place, and shall not be 
 moved nor unlocked until after the election is over and the 
 votes are to be counted. 
 
 41 ! The said judges of elections shall have power to ex- 
 amine under oath, to be administered by them, any person offer- 
 ing to vote at any such election, touching his qualifications and 
 right to vote; but before such examination it shall be their duty 
 to take from him the ballot which he shall tender, and in case 
 of the rejection of the said ballot they shall not put said ballot 
 in the ballot-box, but preserve it and all other rejected ballots, 
 and return them with the names and residences of the persons 
 offering them, endorsed on the back thereof, in a sealed pack- 
 age, to the president of the managing convention, to be kept 
 by him in the same manner as legal ballots are hereinafter re- 
 quired to be kept. 
 
 412. Every voter shall deliver to the judge or judges of 
 election of the ward in which he offers to vote a ballot on which 
 shall be written or printed the name or names of the person or 
 persons voted for, and the position for which the vote is given 
 plainly designated ; and the ballots so delivered to and received 
 by the judges of election shall be deposited in the ballot-box 
 until the poll is closed. 
 
 413 ' It shall be the duty of the said clerks of election to 
 enter the name and residence of each person who casts a vote 
 at said election, plainly in the poll book, and also to perform 
 such other duties as are prescribed by this sub-division of this 
 Article to be by them performed. 
 
 414. No person shall be permitted to be in the room se- 
 lected as the polling place of the ward during the time any such 
 election is being held, except the judges, clerks and such police 
 officers as may be designated to attend thereat by the Police 
 
181 
 
 Board, upon request made to said board in writing by the exec- 
 utive committee of the City convention of the party holding the 
 election; after the election is closed any candidate, or a person 
 designated by him, and such other persons whom, in the judg- 
 ment of the judges of election, it may be proper to admit, to 
 guarantee the fairness o*f the count, shall be entitled to be pres- 
 ent during the counting of the ballots. 
 
 415. When the poll shall be closed, the box wherein the 
 ballots are deposited shall immediately thereafter be opened 
 by the judge or judges of election, and the said judge or judges 
 shall publicly, in the presence of the persons designated in the 
 preceding section, carefully take out the said ballots and read 
 distinctly and aloud the name or names written or printed 
 thereon, respectively, and the clerks of said election shall care- 
 fully enter and keep an account of the same on the poll book, 
 so that the number of votes for each candidate tallied thereon 
 may be readily cast up and known. 
 
 416 - If upon opening any of said ballots there be found 
 any rnore names written or printed thereon than there ought 
 to be, or if any two or more of such ballots be deceitfully folded 
 together, or if the purpose for which the vote is given is not 
 plainly designated thereon, such ballot shall be rejected and 
 not counted. 
 
 417 - As soon as the ballots shall be read off and counted, 
 and the number for each candidate reckoned up and ascer- 
 tained, the judge or judges of election shall make out, under his 
 or their hands, attested by the clerks of election or one of them, 
 on the poll book, a plain, fair and distinct certificate of the num- 
 ber of votes. which shall have been then and there given for each 
 candidate, distinguishing the station or office for which he has 
 been voted ; such certificate to be as near as possible in the form 
 of the like certificate required from the judges of election under 
 the general election law of this State. 
 
 418. The return judges of election shall return, on the day 
 tollowing the day on which any election shall be held under 
 this law, before twelve o'clock, noon, the ballots cast and the 
 
182 
 
 ballots rejected at such election, in separate sealed packages, 
 and the poll books and certificates aforesaid, to the presiding 
 officer of the managing convention of the political association 
 or party under whose authority the election was called, who 
 shall immediately thereupon publicly announce the result; such 
 packages shall be destroyed after the expiration of thirty days, 
 by said presiding officer, without breaking the seal unless they 
 are, before that time, demanded by the executive committee of 
 such managing convention, to be used as evidence in cases of 
 contest among any of the candidates at such election. 
 
 419. Xhe executive committee of any such managing con- 
 vention shall have full power to hear and determine all ques- 
 tions of contest between any candidates voted for at such elec- 
 tion, and to prescribe the rules to govern all such contests, and 
 may demand and receive for such purpose from the presiding 
 officer of such convention, the poll books, certificates and bal- 
 lots returned to him by the judges of election ; and for such pur- 
 pose shall have power to summon witnesses and examine them 
 under oath, to be administered by the acting chairman of such 
 committee. 
 
 42 - It shall be the duty of the return judges of said elec- 
 tion, immediately after each election at which he has acted as 
 such, to appear before the Grand Jury of the Criminal Court of 
 Baltimore, to be examined touching any and all violations of 
 the provisions of this sub-division of this Article, of which he 
 may have personal knowledge, to have been committed at such 
 election, or to furnish to said Grand Jury, before their adjourn- 
 ment, his or their certificate, signed by him, and under oath 
 made and certified before a Justice of the Peace of said City, 
 that he did not know and had no reason to believe that any 
 such offences had been committed at such election, which cer- 
 tificate shall be returned by the Grand Jury to the said court, 
 and preserved and recorded by the clerk thereof. 
 
 421. The return judges at any such election shall each re- 
 ceive five dollars per diem, and the other judges and clerks of 
 election, two dollars and a-half per diem, for their respective 
 services, to be paid by and recoverable from the members of 
 
183 
 
 the executive committee of the managing convention of the 
 political association under whose authority the election was 
 -called. 
 
 422. If at any election held under the terms of this sub- 
 division of this Article, any person knowingly personates any 
 voter, or votes in the name of any other person, whether liv- 
 ing, dead or fictitious, or votes more than once at the same elec- 
 tion for any candidate for the same office, or votes without 
 having a lawful right to vote, or unlawfully prevents any quali- 
 fied voter from freely exercising his right to vote, or interferes 
 in any manner with any judge or clerk of such election in the 
 discharge of his duties, he shall be guilty of a misdemeanor, 
 and punished, upon conviction, by a fine of not more than one 
 hundred dollars, or by imprisonment for not more than thirty 
 -days. 
 
 423. if an y judge or clerk of election shall fraudulently 
 make any false certificate of the result of such election, or with- 
 hold, conceal or destroy any such certificate of any election 
 returns, tally lists or poll book, or take unlawfully from the 
 custody of the judges of election, or destroy any ballot-box, or 
 withdraw therefrom illegally any ballot or ballots which have 
 been deposited therein, or attempt or commit any violence 
 
 ^against any person having lawful charge of the same, or against 
 any judge or clerk of election in the discharge of his duty as 
 such, he shall be guilty of a misdemeanor, and punished, upon 
 conviction, by a fine of not more than one hundred dollars, or 
 "by imprisonment of not more than thirty days. 
 
 A substantial compliance with the requirements of 
 this sub-division of this Article is all that shall be required to 
 be proven in the prosecution of any person violating the pro- 
 visions of the preceding sections. 
 
 425. Xo expense shall be incurred by the City of Balti- 
 more in the conduct of any elections held under the provisions 
 of this sub-division of this Article. 
 
184 
 
 EXAMINING ENGINEERS. 
 
 426. Xhe Governor shall biennially appoint, in and for the 
 City of Baltimore, two engineers who have had not less than ten 
 years' practical experience in running steam engines, boilers 
 and appliances pertaining to stationary or portable engines, and 
 who have been residents of this State for not less than five years 
 next preceding the date of their appointment, who shall con- 
 stitute and be known as the "Board of Examining Engineers."" 
 The parties so appointed, before entering on their duties, shall 
 make oath before a Justice of the Peace that they will faithfully 
 perform the duties of their office without fear, partiality or 
 favor; and that they will not, during their term of office, accept 
 any money, gift, gratuity or consideration from any person, 
 and shall give bond to be approved by the Comptroller of the 
 State, in the sum of three thousand dollars each, for the faithful 
 discharge of their duties ; and before entering on said discharge 
 of their said duties, the said inspectors shall provide themselves- 
 with an office in a proper location in the City of Baltimore, and 
 shall give notice by publication for at least five days through the 
 two daily papers having the largest circulation in said City, of 
 the time and manner in which they will make the examinations 
 hereinafter provided for. 
 
 427. The said board shall have general supervision of alL 
 stationary engineers within the City of Baltimore; it shall be 
 their duty to examine all engineers of the age of twenty-one 
 years or upward, who shall apply to them for examination ; and 
 to give to all parties so examined a certificate of proficiency, it. 
 found proficient, and to refuse to give such certificate if not 
 found proficient; and the parties so receiving such certificate 
 shall pay to said board the sum of three dollars for each certifi- 
 cate so issued, and for all renewals of all grades the sum of one 
 dollar and fifty cents ; said certificates shall be of three grades ; 
 a certificate of the first grade will permit the holder thereof to 
 take charge of any plant of machinery from one to five hun- 
 dred horse-power, and the third grade to take charge of any 
 plant of machinery from one to thirty horse-power; and the 
 said certificate shall run for the term of one year, and shall be 
 renewed annually, the term of beginning of said certificate to> 
 
185 
 
 be from the date of the examination of the respective applicant ; 
 provided, that no engineer having such certificate shall have 
 charge of more than one plant of machinery at the same time 
 unless .said plant be of the same company and at one and the 
 same place ; and no substitute who has not been examined and 
 received the certificate aforesaid shall be placed in charge of 
 machinery by an engineer who has. 
 
 428. All persons of twenty-one years of age or upward who, 
 after the adoption of this Article, shall desire to fill a position 
 as a stationary engineer, must make application to the " Board 
 of Examining Engineers" for examination and certificate of 
 proficiency, before he can pursue his avocation as such engi- 
 neer; provided, that any engineer employed as stationary engi- 
 neer at the works of any steam railway, or any engineer em- 
 ployed as such with any stationary engine, who at the time of 
 the adoption of this Article shall have been employed at the 
 same place for the term of six months or more, shall not be 
 required to apply for such examination and certificate ; but 
 whenever such engineers shall remove from the place where so 
 employed they shall be, and are hereby required to make appli- 
 cation for examination and certificate to said Board of Exam- 
 ining Engineers as hereinbefore provided; and provided fur- 
 ther, that the provisions of this section shall not apply to 
 persons running engines and boilers in sparsely settled country 
 places, where not more than twenty persons are engaged in 
 work about such engines and boilers, rior to engineers running 
 country saw and grist mills, threshing machines and other 
 machinery of a similar character, nor to marine engineers en- 
 gaged in steamboats, ships and other vessels run by steam, nor 
 to those engaged as locomotive engineers of any steam railway 
 company. And in the event of any charge being made to said 
 board, of any engineer who may hold a certificate from them, of 
 being intoxicated, while in charge of an engine or boiler, or of 
 the neglect of duty on the part of such engineer or engineers, it 
 shall be the duty of said board to immediately hear such charge, 
 and if sustained, annul such certificate. The certificate granted 
 to the respective applicants must be framed and kept in a con- 
 spicuous place at such place as such persons may be respec- 
 tively at work. Any person violating the provisions of this 
 
186 
 
 sub-division of this Article shall be deemed guilty of a misde- 
 meanor, and, upon trial and conviction before a Justice of the 
 Peace, shall be fined not less than twenty-five dollars nor more 
 than fifty dollars, one-half of which shall be paid the informer 
 and the balance to the State. 
 
 429 - Said Board of Examining Engineers shall meet at 
 their office in the City of Baltimore for the purpose of exam- 
 ining applicants at least once in every week, and at a specified 
 hour and day, and shall sit until all applicants shall be exam- 
 ined, and in the event of inability to examine all the applicants 
 on the regular day of meeting, they shall continue their ses- 
 sions for each successive day until the same shall be completed. 
 They shall visit and inspect the running and management of all 
 steam plants wherein the engineers are required to be exam- 
 ined as hereinbefore provided, not less than once every six 
 months, and in the event of their finding on such examination 
 that the engineer or engineers in charge of such plant or ma- 
 chinery are not running and managing the same with proper 
 skill and care, they shall report the same to the State Board of 
 Boiler Inspectors for their action; and said Board of Examining 
 Engineers are hereby invested with power and authority to 
 enter all such premises and make the examination herein pro- 
 vided for; and any owner of any such premises who shall refuse 
 to allow them to enter and make such examination shall be 
 deemed guilty of a misdemeanor and be punishable upon trial 
 and conviction, as provided in the preceding section. 
 
 43O. Xhe said Board of Examining Engineers shall receive 
 an annual salary of fifteen hundred dollars each, and shall have 
 power to employ a clerk or secretary at a salary not exceeding 
 the sum of one thousand dollars per annum, and such expense 
 shall be allowed said board as shall be incurred in traveling ex- 
 pense, office rent, stationery and printing, and for which they 
 shall produce to the Comptroller of the State Treasury, proper 
 vouchers; provided, however, that no appropriation shall be 
 made and no moneys paid by the State Treasurer to said board 
 for or on account of said salaries and expenses, but that the 
 same shall be paid to them by and from the fees received for the 
 examination and certificates hereinbefore provided for; and 
 
187 
 
 provided further, that the said board shall keep a strict account 
 of all fees received for such purposes, and quarterly, under 
 oath or affirmation, return said statement to the Comptroller of 
 the State Treasury; and whenever the amount is in excess of the 
 salaries and expenses hereinbefore provided for they shall for- 
 ward such excess to said Comptroller, and they shall keep 
 a certificate book with the certificates therein duly numbered 
 and of which to each certificate there is a corresponding stub to 
 be filled in to correspond in all respects to the certificate issued, 
 and subject to the inspection of the Comptroller, when he may 
 deem the same necessary. 
 
 FERRIES. 
 
 431. Xhe Broadway and Locust Point Steam Ferry Com- 
 pany of Maryland is created to establish a steam ferry, suitable 
 to transport passengers, goods, wagons, carriages, live-stock or 
 any other transportable article, across, over and within the 
 harbor of Baltimore; and the said corporation is made capable 
 of erecting wharves, buildings, or any other contrivances neces- 
 sary or convenient for the conduct of the business of the ferry, 
 for which purpose the said corporation is authorized to pur- 
 chase, hold, sell, rent or lease land. And the said company is 
 authorized and empowered to hold and use as a wharf or land- 
 ing, for the use of said ferry, the end of the wharf commonly 
 known as the County wharf, together with a right of way in 
 common with others, through the centre of said wharf, of the 
 width of ten feet, as a thoroughfare for travel to and from the 
 end of said wharf; and all the remainder of the border sides and 
 surface of the said wharf, except the end and right of way 
 granted, is reserved exclusively for the landing of such fruits, 
 vegetables and other agricultural products as may be brought 
 from the counties to the City of Baltimore, for sale or other- 
 wise. 
 
 432. Xhe said corporation is authorized and empowered to 
 occupy and use the wharf at the foot of Haubert street, in the 
 City of Baltimore, as a wharf or landing place for the ferry 
 boats of said company, in exclusion of all other steam ferry 
 boats plying in the harbor of said City. 
 
188 
 
 433 - It shall not be lawful for any steam ferry boat, other 
 than one of those belonging to the said Broadway and Locust 
 Point Steam Ferry Company of Maryland, to land at or use 
 either of the sides or the end of said wharf at the foot of Hau- 
 bert street, nor the end or either of the sides of the wharf at the 
 foot of Broadway, mentioned in section 431 of this Article; 
 and any and every person in charge, control or command 
 of any steam ferry company, other than a boat belonging 
 to the said company, who shall use or attempt to use the ends 
 or either of the sides or any part of the wharves mentioned, 
 for a landing place or wharf for the steam ferry boat so in his 
 charge, control or command, shall each be subject to, and shall 
 pay a fine of twenty-five dollars for each and every time the 
 said steam ferry boat so in his charge, control or command of 
 such person shall touch at either of the wharves aforesaid, 
 which fines shall be enforceable and collectible according 
 to law. 
 
 434. Xhe said company is authorized to erect gates and 
 ticket houses on the wharves at the foot of Broadway and Hau- 
 bert street in said City of Baltimore. 
 
 435. The said corporation shall keep and run on their ferry 
 routes two good and substantial steam ferry boats, staunch and 
 seaworthy, and supplied according to the law in such cases 
 made and provided ; and the said corporation shall so manage 
 the said ferry as that one of their ferry boats shall leave each 
 end of said ferry at least every ten minutes, between the hours 
 of six o'clock A. M. and eight o'clock P. M., and at intervals of 
 twenty-five minutes between the hours of eight o'clock P. M. 
 and twelve o'clock midnight. 
 
 436. Xhe said corporation shall not charge any greater 
 sums than are contained in the following scale of prices, to wit: 
 For one passenger, five cents ; for one horse, mule or ass, and 
 rider or driver, ten cents ; for one cow and driver, ten cents ; for 
 every swine, three cents; for every sheep, two cents; for every 
 calf, two cents ; for every heifer, three cents ; for one horse, cart 
 and driver, fifteen cents ; for two horses, cart and driver, eigh- 
 teen cents; for one horse, wagon and driver, fifteen cents; for 
 
189 
 
 two horses, wagon and driver, eighteen cents; for every addi- 
 tional horse to those above enumerated, harnessed to a wagon 
 or cart, three cents; for every two-seated carriage and two 
 horses, fifteen cents, for every four-seated carriage and one 
 horse, twelve cents; for every four-seated carriage and two 
 horses, twenty cents; for every additional horse to those above 
 enumerated, harnessed to a carriage, five cents ; for one lumber 
 wagon and one horse or two horses, twenty-five cents. 
 
 437. Firemen in actual discharge of their duties, together 
 with their apparatus, accoutrements and horses, police officers 
 in the actual discharge of their duties, and all funerals, shall 
 pass free. 
 
 FINES AND FORFEITURES. 
 
 438. One-half of all fines adjudged by and accruing in the 
 Criminal Court of Baltimore, when secured by the Sheriff of 
 Baltimore City, shall be paid to the Mayor and City Council of 
 Baltimore, and out of said fines the judge of said court may 
 order and direct to be paid to the State's Attorney of said City 
 such additional fees in cases of extraordinary duration and 
 trouble, as he may deem just and reasonable, but this section 
 shall not have any effect upon the rights of informers. 
 
 439. The Sheriff of Baltimore City shall, on or before the 
 first day of December in each year, divide equally all fines im- 
 posed by the Criminal Court of Baltimore City on persons con- 
 victed' for keeping houses of ill-fame, among such incorporated 
 dispensaries of said City as shall comply with the provisions of 
 the succeeding section. 
 
 440. Such fines shall be divided equally among those in- 
 corporated dispensaries which shall, within ten days after the 
 tenth day of November in each year, file in the office of the 
 Sheriff of Baltimore City separate reports, the truth of each of 
 which shall be sworn to by one of the officers of the dispensary 
 filing the same, before any officer of the State of Maryland au- 
 thorized by law to administer oaths, showing that in the year 
 preceding such tenth day of November, the said dispensary had 
 under its charge more than two thousand separate persons as 
 patients, and that its said dispensary was open for the treat- 
 
190 
 
 ment of disease two hours daily, and for the free distribution 
 of medicine to the poor six hours daily on each week day and 
 two continuous hours on each Sunday in said year. 
 
 441 In case said fines shall not be claimed by any such 
 dispensary in the manner specified in the two preceding sec- 
 tions, then said fines shall be paid by the Sheriff to the Mayor 
 and City Council of Baltimore. 
 
 442. Xhe said Sheriff's official bond shall be responsible for 
 the faithful payment of said money as hereinbefore provided, 
 and shall be liable for any default in any duty herein required 
 to be performed by him. 
 
 443. No person shall hereafter be allowed to give security 
 for the payment of any fine and costs imposed by the Criminal 
 Court of Baltimore, but any person who shall be sentenced by 
 the court to the payment of any fine and costs shall stand com- 
 mitted until they are paid ; provided, that if such fine and costs 
 are less than ten dollars, the person so sentenced shall be dis- 
 charged from custody at the end of thirty days from the date of 
 their imposition, if no imprisonment has also been ordered by 
 the court, or at the end of thirty days from the expiration of the 
 time for which said person shall have been ordered to be im- 
 prisoned, upon sufficient proof shown to the court that the per- 
 son imprisoned is unable to pay the said fine and costs; and 
 provided also, that if the said fine and costs are more than ten 
 and less than fifty dollars, the person so imprisoned shall be dis- 
 charged from custody at the end of sixty days from the imposi- 
 tion thereof, if no imprisonment be ordered by the court, or at 
 the end of sixty days from and after the expiration of the time 
 for which said person has been ordered to be imprisoned, on 
 proof shown of his inability to pay said fine and costs ; and pro- 
 vided also, that if the said fine and costs exceed the sum of fifty 
 dollars, the person so imprisoned shall be discharged from cus- 
 tody at the end of six months from the imposition thereof, or 
 from the expiration of the term for which he was ordered to be 
 imprisoned, on proof shown of his inability to pay. 
 
191 
 
 444. When any fine or penalty is imposed by any Act o 
 Assembly of this State, or by any ordinance of any incorporated 
 city or town in this State, enacted in pursuance of sufficient 
 authority, for the doing of any act forbidden to be done by such 
 Act of Assembly or ordinance, or for omitting to do any act 
 required to be done by such Act of Assembly or ordinance, the 
 doing of such act, or the omission to do such act, shall be 
 deemed to be a criminal offence; such offence, in the City of 
 Baltimore, shall be prosecuted by the arrest of the offender for 
 such offence, and by holding him to appear in or committing 
 him for trial in the Criminal Court of Baltimore, at the Satur- 
 day sessions of said court, which said court shall have jurisdic- 
 tion in the said cases, and shall proceed to try or dispose of the 
 same in the same manner as other criminal cases triable at the 
 Saturday sessions of said court may be tried or proceeded with, 
 or disposed of, or such offence may be prosecuted by indict- 
 ment in such court; such offences in any county of this State 
 shall be prosecuted by the arrest of the offender for such of- 
 fence, and by holding him to bail to appear in or committing 
 him for trial in the Circuit Court for the county in which such 
 offence was committed, or by indictment in the Circuit Court 
 for such county for such offence. If any person shall be ad- 
 judged guilty of any such offence by any court having jurisdic- 
 tion in the premises, he shall be sentenced to the fine or penalty 
 prescribed by such Act of Assembly or ordinance, and to the 
 costs of his prosecution, and in default of payment thereof he 
 shall be committed to jail until thence discharged by due course 
 of law ; any indictment for the violation of any ordinance of any 
 incorporated City or town of this State may conclude "against 
 the form of the ordinance in such case made and provided, and 
 against the peace, government and dignity of the State." 
 
 FIRE. 
 
 Fire Department. 
 
 445. The Mayor and City Council of Baltimore is hereby 
 directed to appropriate annually such sums of money as shall 
 be sufficient to pay the pensions of such members of the Fire 
 Department as shall heretofore have been put upon said pen- 
 sion roll, and as shall thereafter be put upon said pension roll,. 
 
192 
 
 in accordance with the provisions of this Article; and also to 
 appropriate such sums of money as may be sufficient to afford 
 relief to the widows and children of firemen killed in the dis- 
 charge of duty. 
 
 446. Any person who shall wilfully destroy or injure any 
 engine, hose, reel or other apparatus whatever for the extin- 
 guishment of fires, belonging to any company in the City of 
 Baltimore, or to the said City, shall be guilty of felony, and 
 upon conviction thereof shall be sentenced to confinement in 
 the penitentiary for a period not less than two nor more than 
 five ears. 
 
 Any person who shall assault, beat or otherwise inten- 
 tionally hurt or injure any fireman of the City of Baltimore, 
 whilst in the discharge of his duties as fireman (except in self- 
 defence), shall, upon conviction thereof, be sentenced to im- 
 prisonment in Baltimore City Jail for a period not less than one 
 month, and the payment of a fine of not less than ten nor more 
 than one hundred dollars. 
 
 448. The Mayor and City Council of Baltimore is hereby 
 authorized and empowered to appropriate annually the sum of 
 one thousand dollars, to pay for the use of a suitable building 
 to be occupied by the members of the veteran volunteer fire- 
 men's association of Baltimore Citv. 
 
 Illuminating Oils and Fluids. 
 
 449. All oils or fluids manufactured from petroleum or its 
 products, used for illuminating purposes in this State, which 
 shall be manufactured or kept for sale therein, shall be required 
 to stand a fire test of one hundred and ten degrees Fahrenheit 
 before it shall burn, to be ascertained by Tagliabue's coal oil 
 tester, or some other instrument constructed upon the same 
 principle. 
 
 450. Every person manufacturing or selling illuminating 
 oils or fluids, manufactured from petroleum or its products, by 
 the barrel, shall be required to have stamped upon the head of 
 
193 
 
 the barrel the name of the manufacturer thereof and his place 
 of business, together with the words "warranted to stand a fire 
 test of one hundred and ten degrees Fahrenheit before it shall 
 burn." 
 
 451. Whoever manufactures for illuminating purposes, or 
 sells in quantities not less than a barrel, oils or fluids made 
 from petroleum or its products, which does not sustain the fire 
 test as provided in section 449, shall be deemed guilty .of a mis- 
 demeanor, and on conviction thereof, shall be fined not more 
 than one thousand dollars, or imprisoned in the jail or peni- 
 tentiary not more than two years, in the discretion of the court. 
 Whoever sells in quantities less than a barrel, for illuminating 
 purposes, oils or fluids made from petroleum or its products, 
 which does not sustain the fire test provided for in section 449, 
 shall forfeit said oil, and be fined not less than five nor more 
 than twenty dollars; said fine to be collected as other fines are 
 now collected, one-half to go to the informer, the other to be 
 paid into the treasury of the State. 
 
 452 - Any purchaser of oils or fluids made of petroleum or 
 its products, for illuminating purposes, bearing the stamp re- 
 quired in section 450, and which does not stand the fire test 
 required in section 449, may recover from the seller in an ac- 
 tion for debt an amount equal to double the purchase money of 
 said oil. 
 
 453. Any accident by reason of explosion, occurring with 
 any oil or fluid manufactured from petroleum or its products, 
 shall subject the seller thereof to prosecution for a misde- 
 meanor, and upon conviction thereof in a court of competent 
 jurisdiction, to a fine not exceeding one thousand dollars, nor 
 less than five hundred dollars; one-half of said fine to be paid 
 to the informer and the other half to the State. 
 
 454 In case of seizure or confiscation of oils or fluids man- 
 ufactured from petroleum or its products, as provided in sec- 
 tion 451, the party who has sold such oils or fluids shall have 
 the privilege of referring the same to some commissioned in- 
 
194 
 
 spector recognized by the oil trade of Baltimore, whose de- 
 cisions shall be prima facie evidence of the quality of said oil 
 or fluid. 
 
 455. if an y inspector of oils shall be convicted in a court 
 of competent jurisdiction of furnishing a false report of the 
 fire-test of any oil submitted to his inspection, he shall be 
 liable to a fine of not less than five hundred dollars nor more 
 than two thousand dollars, at the discretion of the court; said 
 fine to be paid into the treasury of the State. 
 
 456. Xhe provisions of the seven preceding sections shall 
 not apply to oils or fluids manufactured from petroleum or its 
 products for the purpose of exportation or for use in street 
 lamps. 
 
 
 
 FISH. 
 
 457. No person shall expose for sale, or have in his pos- 
 session, offering for sale, any striped bass or rock weighing less- 
 than one-half pound each, or any white perch weighing less- 
 than one-quarter of a pound each; any person violating any 
 of the provisions of this section shall be deemed guilty of a 
 misdemeanor, and upon conviction by a court of competent 
 jurisdiction shall be fined not more than twenty dollars or 
 be confined in jail not more than thirty days, or both, in the 
 judgment of the court. 
 
 GAS COMPANIES. 
 
 458. No gas companies shall be formed in Baltimore City, 
 Baltimore County or in Anne Arundel County, except in the 
 
 City of Annapolis. 
 
 , 
 
 459. NO gas companies chartered in any other counties of 
 the State shall have the right to lay mains or sell gas in Balti- 
 more City, Baltimore County or Anne Arundel County. 
 
 460. All charters for gas companies which have been 
 granted or issued under the Code of Public General Laws, or 
 any other law, in Baltimore City, Baltimore County, or Anne 
 
195 
 
 Arundel County, are repealed, annulled and made void, except 
 in cases where the companies incorporated by any of such 
 charters have erected works and commenced the manufac- 
 ture of gas. 
 
 461. T\T O corporation or person shall charge for illuminat- 
 ing gas in Baltimore City a sum to exceed one dollar and 
 twenty-five cents per thousand cubic feet. 
 
 462. The illuminating gas furnished by any such corpora- 
 tion or person shall have an illuminating power not less than 
 twenty sperm candles of six to the pound, and burning at the 
 rate of one hundred and twenty grains of spermaceti per hour, 
 tested at a distance of not less than one mile from the place of 
 manufacture by a burner consuming five cubic feet of gas per 
 hour, and shall, as regards purity, comply with the standard 
 now or hereafter established by law. 
 
 HARBOR, DOCKS AND WHARVES. 
 
 Harbor. 
 
 463. jsjo vvharf shall be run out, made, altered, enlarged or 
 extended so as to divert the course of the channel, obstruct the 
 harbor or basin, or to the injury of the same; and no person 
 shall make, alter or extend any wharf without laying before 
 the Harbor Board a plan of said wharf, and obtaining the con- 
 sent of the said Harbor Board. 
 
 If any person shall violate the provisions of the pre- 
 ceding section, the Mayor and City Council of Baltimore may 
 recover, by a warrant before a Justice of the Peace, a sum not 
 exceeding two hundred and fifty dollars, and may forthwith 
 cause the said wharf to be demolished. 
 
 465. The Harbor Master of the port of Baltimore may 
 demand from the captain or commander of every foreign ves- 
 sel coming into said port for the purpose of trade and com- 
 merce, the sum of five dollars, as an additional compensation 
 for his care and diligence in the regulation of the harbor and 
 providing a proper station for said vessel. 
 
196 
 
 466. He may, in case of delay or refusal to make such pay- 
 ment, sue for and recover the same before a Justice of the 
 Peace as small debts are recovered. 
 
 Docks. 
 
 467. The Mayor and City Council are vested with the right 
 and title to any land made or to be made by them out of the 
 water in making and completing the improvements of the City 
 dock, according to the plan heretofore adopted by them; 
 provided, that nothing contained in this section shall be con- 
 strued to interfere with the vested rights of individuals. 
 
 468. if an y vessel shall be lying in Smith's dock, Frederick 
 street dock or any other dock in said City, or the entrance 
 thereto, so as to obstruct any vessel which shall be coming into 
 the same, or moving from one place to another therein, or go- 
 ing out of the same, the vessel so obstructing shall be removed 
 to such place as shall be directed by the Harbor Master of the 
 district, or any police officer of Baltimore City, to give room to 
 the passing vessel, under the penalty of five dollars for refusal 
 so to remove, and at the rate of five dollars an hour for the 
 delay which shall be occasioned to the passing vessel, unless 
 in cases where some unavoidable casualty may make it im- 
 practicable to remove said obstructing vessel; and if a vessel, 
 when moving to make room for another, be obstructed by 
 any vessel, the master or owner of such obstructing vessel shall 
 forfeit five dollars for such obstruction, and at the rate of five 
 dollars per hour during the continuance of such obstruction, to 
 be recovered by the master or owner of the passing vessel 
 aforesaid; provided, the said Harbor Master or police officer 
 shall have directed said removal; but nothing herein contained 
 shall give to the Harbor Master or police officer any control, 
 except in cases of dispute, when called in. 
 
 469. ]\ T O vessel shall enter Smith's dock or any other pri- 
 vate dock without first ascertaining whether there is a vacant 
 place at the wharf where she can lie, under a penalty of five 
 dollars, to be paid to the Harbor Master for the use of 
 the City: and all vessels which shall be found obstructing 
 
197 
 
 the passage of said docks shall remove, when requested by 
 the Harbor Master of the district or any police officer of Bal- 
 timore City, in such manner as will afford a free and unob- 
 structed passage to any passing vessel, under a penalty of five 
 dollars for refusal to remove, and five dollars per hour for each 
 hour they shall obstruct such passage, after due notice shall 
 have been given to master, owner or person in charge of such 
 obstructing vessel, by such Harbor Master or police officer. 
 
 47 - If any vessel be lying at any private wharf and not en- 
 gaged in loading or unloading, such vessel shall be removed 
 when requested by the owner of such wharf or his agent; 
 and if the person in charge of such vessel refuses or fails to 
 remove such vessel, said owner or his agent may call upon the 
 Harbor Master or police officer to notify the person in charge 
 of the vessel to remove, and if the notice is not complied with 
 within five hours such person shall be liable to a penalty of 
 fifty dollars, and a further penalty of five dollars for each hour 
 such vessel shall remain after the expiration of the five hours; 
 and the Harbor Master shall collect for the use of the Mayor 
 and City Council of Baltimore the sum of five dollars, to be 
 paid by the owner or person in charge of such vessel, to be re- 
 covered as other small debts are recovered; the term vessel in 
 this and the two preceding sections shall include boats, scows 
 and arks. 
 
 47 ! The penalties imposed by the three preceding sections 
 may be recovered as small debts before any Justice of the 
 Peace for the City of Baltimore, from the master, owner or 
 person in charge of the obstructing vessel, for the use of the 
 master, owner or person in charge of the vessel obstructed; but 
 such penalty shall not be recoverable where the obstruction 
 proceeds from any unavoidable cause. 
 
 Wharfinger and Wharves. 
 
 472 - Xo person shall land any wood or lumber on Pratt 
 street wharf, between Light street and Franklin lane; and the 
 Mayor shall enforce the provisions of this section. 
 
198 
 
 If any person shall violate the provisions of the pre- 
 ceding section he shall be subject to a fine of twenty dollars, 
 one-half to the informer and the other half to the State. 
 
 474. Xhe said fine may be sued for and recovered in the 
 name of the State before any Justice of the Peace for said 
 City, in the same manner as small debts. 
 
 475 - It shall be the duty of every Justice of the Peace for 
 said City to make an annual return to the -State Treasurer, of 
 all fines imposed under the provisions of the aforegoing sec- 
 tion, and to receive and pay over the same at the time of mak- 
 ing said return. 
 
 476. 'jfhe Mayor and City Council may regulate by ordi- 
 nance the time during which any goods, wares, merchandise or 
 other articles may remain on any wharf belonging to the City, 
 or on any of the public wharves other than wharves belonging 
 to or rented by the State, and that part of Pratt street wharf 
 reserved for the use of the State, within the said City, or the 
 time which the vessels, boats or scows taking in or discharging 
 such goods, wares or merchandise shall remain at said wharves, 
 and may regulate, establish and collect for the use of the City 
 such wharfage as they may think reasonable, upon any goods, 
 wares, merchandise or other articles handled at or upon and 
 shipped from any of such wharves. 
 
 Any person who shall charge, exact or receive more 
 than six and a quarter cents upon each cord of wood landed 
 upon any wharf in the said City shall, upon complaint and 
 conviction thereof before any Justice of the Peace for said 
 City, be fined not less than five nor more than ten dollars in 
 each case; one-half to the informer and the other half to the 
 State; to be recovered as fines imposed by the courts of this 
 State. 
 
 478. Any person carrying wood to Baltimore for sale may 
 land the same upon the State wharves whenever permitted to 
 do so by any Tobacco Inspector in the warehouse to which the 
 wharf is attached ; but such permission shall not interfere with 
 that portion of the public wharves set apart for the use of 
 boats laden with tobacco. 
 
199 
 
 479. The person landing wood upon the public wharves 
 sunder the preceding section shall pay the Tobacco Inspector 
 the sum of six and a quarter cents a cord, to be by the said 
 .inspector paid into the State treasury, and the inspector shall 
 be allowed twenty per cent, upon the money so received and 
 ;paid into the State treasury. 
 
 Harbor Board. 
 
 480. The Harbor Board shall have full control and man- 
 agement of the ice boat Annapolis, belonging jointly to the 
 
 State of Maryland and the City of Baltimore, subject to the 
 orders of the Governor of the State, for the use of said boat for 
 the public service. 
 
 481. The said Board is hereby authorized to appoint, in 
 
 conformity with the provisions of section 88 of this Article, at 
 such reasonable rates of pay as it may determine, and at its 
 pleasure to discharge, such officers and crew as may in its 
 judgment be deemed necessary for the proper operation and 
 maintenance of said boat at all times. 
 
 482. The said Board shall employ the said boat, primarily, 
 
 for the purpose of preventing obstruction by ice to the navi- 
 gation of Baltimore harbor, and the ship channels leading 
 thereto, and for the relief of vessels in distress, bound to or 
 from the port of Baltimore. 
 
 483. The Board is further authorized to use the said boat 
 (or at its discretion the ice boat Latrobe) in the relief from ob- 
 struction by ice of any of the harbors or channels of the Chesa- 
 peake bay or its tributaries, when such service can be rendered 
 without detriment to the commerce of the port of Baltimore, 
 
 and for any other service which the said Board may deem ad- 
 vantageous to commerce and the public interest; the Board 
 may charge such reasonable rates for towage, or relief of ves- 
 sels, as it may deem proper, having in view the public and pri- 
 vate interests and facilities of commerce, and the sum received 
 
 -'for same shall be applied to the expense of the boat. 
 
200 
 
 484. The annual expenses of maintaining and operating; 
 said ice boat shall be paid by the Mayor and City Council of 
 Baltimore. 
 
 485. The said Board shall in its annual report to the 
 Mayor and City Council of Baltimore embody statements of 
 the operations of, and the receipts and disbursements for the 
 said ice boat, and shall send copies of the same to the Governor 
 and Comptroller of the Treasury of the State. 
 
 HEALTH. 
 
 Nuisances. 
 
 486. Whenever any nuisance dangerous to the health of 
 the City shall exist in any street, lane or alley of the City, and 
 it shall be found necessary, in order to the removal of the same, 
 to have such street, lane or alley paved, the said City may order 
 the same to be paved, and may recover the amount expended 
 in paving the same, and the expenses of collection from the 
 owner of the property fronting thereon, in proportion to the 
 amount expended in front of said property, by suit against the 
 owner. 
 
 487. The said owner may in such action defend himself 
 against any such claim for expenses of paving and the collec- 
 tion thereof by proof that no such nuisances existed, or that 
 the paving of the said street, lane or alley was not necessary to- 
 the removal or abatement thereof, or that such nuisance was 
 caused by an act or ordinance of said City, or its officers in the 
 execution of their duty. 
 
 488. The expenses of such paving, and the expenses inci- 
 dent to the collection thereof, shall be a lien upon the property 
 chargeable therewith; and when the right of the City to recover 
 the same has been determined, the City may levy such expenses 
 upon said property. 
 
 489. If any of the said property shall be owned by persons 
 not resident within the limits of said City, then, after public 
 notice given at least three times a week for three successive 
 
201 
 
 weeks in two newspapers of the City, by advertisement, de- 
 scribing the property chargeable, the amount of expense with 
 which it is chargeable, and if known, the name of the owner 
 thereof, the City may proceed to levy said expenses upon the 
 interest of such non-resident in said property, without any pre- 
 vious suit to determine their right to the same. 
 
 Such non-resident may, at any time within three- 
 months after said expenses have been levied and collected, 
 institute an action against the City for the recovery of the 
 same; and if it shall appear in such action that, public notice 
 was not given as hereinbefore directed, or that no such nuis- 
 ance existed, or that the paving of said street, lane or alley was 
 not necessary to the removal or abatement thereof, or that 
 the same was caused by an act or ordinance of the City, or by 
 its officers in the execution of their duty, such non-resident 
 shall recover the expenses of paving and collection so levied 
 upon his property. 
 
 491. Whenever any nuisance dangerous to the health of 
 the City shall be found upon any vacant lot within the City, 
 the City may remove or abate the same, and shall have the 
 same remedy against the owner of such lot, for the expenses 
 of so doing, as is given in the five preceding sections against 
 the owners of lots fronting on streets paved, to remove a nuis- 
 ance; and the owner of such vacant lot shall have the same 
 rights and remedies therein given to the owners of lots fronting 
 on streets so paved. 
 
 492. Whenever the Commissioner of Health shall certify 
 in writing to the Mayor that it is necessary for the health of 
 the City to alter the grade of any street, lane or alley on low or 
 made ground, the Mayor shall proceed to act in the manner 
 specified in this Article relating to streets. 
 
 Chemical Laboratories. 
 
 493. NO person shall erect or assist in erecting any chemi- 
 cal laboratory within the limits of said City without the con- 
 sent of the City, and the City may provide by ordinance for 
 
202 
 
 preventing the erection of any such laboratory, and for remov- 
 ing or. preventing the use of any that shall be erected. 
 
 Commissioners of Pharmacy and Practical Chemistry. 
 
 494. Xhe term or name pharmacist in the meaning and 
 scope of this sub-division of this Article does mean, embrace 
 and apply to all persons engaged in vending, at retail, drugs, 
 medicines and chemicals for medicinal use, and in compound- 
 ing and dispensing physicians' prescriptions, either as owners 
 of stores, as managing assistants, or as relief clerks in tempo- 
 rary charge of stores. 
 
 495. Any person who, after the passage of this Article, does 
 or shall vend at retail poisonous drugs for medicinal use, or 
 compound or dispense physicians' prescriptions in the City of 
 Baltimore, without complying with the requirements of this 
 sub-division of this Article, shall be deemed guilty of a misde- 
 meanor, and be subject to a penalty or fine of fifty dollars for 
 each and every week he shall continue to vend, at retail, pois- 
 onous drugs for medicinal use, or compound or dispense 
 physicians' prescriptions in violation of this sub-division of 
 this Article ; said penalty or fine to be sued for in the name 
 of the State of Maryland before a Justice of the Peace, as small 
 debts are now recoverable; said penalty or fine to go to the 
 Maryland Board of Pharmacy, appointed under this sub-di- 
 vision of this Article, to be used as a fund for carrying out the 
 provisions of this sub-division of this Article ; and it shall be 
 the duty of the State's Attorney of the City of Baltimore, at the 
 request of said Board of Pharmacy, to prosecute any person 
 who shall have violated any requirement of this sub-division of 
 this Article; presided, that nothing in this sub-division of this 
 Article shall be so construed as to prevent any practicing 
 physician from supplying medicines in connection with pro- 
 fessional practice, nor to restrict the sale at retail of patent and 
 proprietary medicines and compounds prepared and com- 
 pounded for medicinal use, by wholesale dealers in drugs and 
 medicines, when sold in the original package, box or bottle ; 
 and no penalty shall hereafter be enforced against any person 
 for the sale of patent or proprietary medicines or compounds 
 
203 
 
 prepared by wholesale dealers- in drugs and medicines when 
 sold as aforesaid ; and no penalty shall hereafter be enforced 
 against any person for the sale of proprietary or patent medi- 
 cines or drugs other than poisonous. 
 
 496. Xhe Maryland College of Pharmacy shall nominate 
 biennially, of the most skilled and competent pharmacists of the 
 City of Baltimore, ten persons, from amongst whom the Gover- 
 nor shall appoint three commissioners, whose duty it shall be to 
 faithfully and impartially execute or cause to be executed all the 
 provisions and requirements of this sub-division of this Article. 
 They shall upon application, and in such manner and at such 
 place as they may determine, examine each and every person 
 who shall desire to engage in vending, at retail, drugs, medi- 
 cines or chemicals for medicinal use, or in compounding and 
 dispensing physicians' prescriptions in the City of Baltimore, 
 touching his competency and qualifications; and upon being 
 satisfied that the person so examined is competent and qualified 
 to vend, at retail, drugs, medicines and chemicals for medicinal 
 use, and compound and dispense physicians' prescriptions 
 safely, and without jeopardy to the health and lives of the peo- 
 ple of the City of Baltimore, they or any two of them shall grant 
 such person a certificate of competency, and register him as a 
 pharmacist. 
 
 497. The commissioners appointed under this sub-division 
 of this Article shall be styled and known as the Commissioners 
 of Pharmacy and Practical Chemistry, and shall hold office for 
 two years, and thereafter until their successors have been ap- 
 pointed and have qualified. Said commissioners shall, within 
 thirty days after notification . of their appointment, each sub- 
 scribe to an oath before the Clerk of the Superior Court of 
 Baltimore City, to impartially and faithfully discharge the 
 duties prescribed by this sub-division of this Article. 
 
 498. Xhe position of any commissioner appointed under this 
 sub-division of this Article, who shall fail to sp qualify within 
 the time and in the manner named, shall be vacant. The Gov- 
 ernor shall fill all vacancies occurring from amongst the per- 
 sons nominated by the Maryland College of Pharmacy under 
 section 496 of this Article. 
 
204 
 
 Each and every person before commencing to vend 
 at retail, drugs, medicines or chemicals for medicinal use, or 
 to compound or dispense physicians' prescriptions in the City 
 of Baltimore, as managing owner of a store, or as managing 
 assistant of a store, or as relief clerk temporarily in charge of 
 a store, shall register as a pharmacist under the provisions of 
 this sub-division of this Article. 
 
 500. Every person who shall at the time that this Article 
 goes into effect be engaged in vending, at retail, drugs, medi- 
 cines, and chemicals for medicinal use and compounding, and 
 dispensing physicians' prescriptions in the City of Baltimore, 
 and registered as a pharmacist under an Act, entitled " An Act 
 to prevent incompetent persons from conducting business as 
 pharmacist, or vending, at retail, drugs, medicines or chemicals 
 for medicinal use in the City of BaltimDre," approved April ist. 
 1872, and amended by the repeal and re-enactment of sections 
 2 and 9, Chapter 91, passed at January session, 1876, shall be 
 deemed competent to register as a pharmacist within the mean- 
 ing of this sub-division of this Article. Every person holding a 
 diploma from a regularly chartered and recognized college or 
 school of pharmacy, based upon a full apprenticeship of four 
 years as a pharmacist, and who presents satisfactory evidence 
 of these facts to the said Commissioners of Pharmacy and 
 Practical Chemistry, shall be deemed competent and entitled to- 
 register as a pharmacist. 
 
 501. Said Commissioners of Pharmacy and Practical 
 Chemistry shall demand and receive from each applicant for 
 registration whom they examine five dollars for each examina- 
 tion, and shall likewise be entitled to demand and receive one 
 dollar from every person whom they register or re-register,, 
 which money, so received under the provisions of this section, 
 shall be used and applied by said Board to defray the expenses 
 accruing or arising under this sub-division of this Article. And 
 every pharmacist, managing assistant and relief clerk, in the 
 City of Baltimore, shall re-register annually after his first regis- 
 tration, during the time he shall continue in the practice of his 
 profession, on such date as the Board of Pharmacy may deter- 
 
205 
 
 mine, and shall pay to the said Board the fee of one dollar, as 
 provided in this section, for which he shall receive a renewal of 
 said registration. 
 
 502. l n case of the death of a registered pharmacist, doing 
 business as such in the City of Baltimore, his legal representa- 
 tive may continue said business for the benefit of the estate of 
 said deceased, under the control and management of a regis- 
 tered pharmacist, subject to all the requirements of this sub- 
 division of this Article. 
 
 503. Xo person unless he be registered as a pharmacist 
 under this sub-division of this Article, or unless he be an ap- 
 prentice who has had at least two years' experience under a 
 pharmacist, or who has attended at least one full course of 
 lectures on pharmacy, chemistry and materia medica, shall be 
 permitted to compound and dispense prescriptions, except 
 under the supervision of a registered pharmacist ; any regis- 
 tered pharmacist violating this section or permitting its viola- 
 tion in any store under his charge or management, shall be 
 subject to a penalty or fine of not more than fifty dollars, which 
 fines are to be disposed of as provided in section 501. 
 
 504. Any person who shall mix with any substance or prep- 
 aration used or intended to be used as an officinal medicine any 
 foreign or inert substance for the purpose of adulterating or 
 weakening the same, or shall knowingly sell or knowingly offer 
 for sale any officinal medicines so adulterated or deficient in 
 standard strength, shall be deemed guilty of a misdemeanor 
 and subject to a penalty or fine of fifty dollars, as provided in 
 the preceding section. 
 
 Seats for Female Employees in Stores or Factories. 
 
 505. Every employer of females in any mercantile or man- 
 ufacturing establishment in the City of Baltimore must pro- 
 vide and maintain suitable seats for the use of such employees. 
 A person is deemed not to maintain suitable seats for the use 
 of female employees unless he permits the use thereof by such 
 employees to such extent as may be reasonable for the pres- 
 ervation of health and proper rest ; and the question of what is 
 thus reasonable is one for determination by the jury or the 
 court acting as a jury in any prosecution hereunder. 
 
206 
 
 506. Any violation of the preceding section by any em- 
 ployer shall be deemed a misdemeanor, and shall be punish- 
 able by a fine of one hundred and fifty dollars, to be collected 
 as other fines are collected. 
 
 Tenement and Lodging Houses. 
 
 507. Xhe Mayor and City Council of Baltimore are author- 
 ized and directed to enact ordinances regulating the construc- 
 tion, care, use and management of tenement houses, lodging 
 houses and cellars in the City of Baltimore, for the better pro- 
 tection of the lives and health of the inmates dwelling therein. 
 
 508. A tenement house shall be taken to mean and include 
 every house, building or portion thereof which is rented, leased, 
 let or hired out to be occupied, or is occupied, as the house or 
 residence of more than three families living independently of 
 another, and doing their own cooking upon the premises, or by 
 more than two families upon a floor so living or cooking, but 
 having a common right in the halls, stairways, yards, water- 
 closets or privies, or some of them; a lodging house shall be 
 taken to mean and include any house or building, or portion 
 thereof, in which persons are harbored or received, or lodged 
 for hire for a single night, or for less than a week at one time, 
 or any part of which is let for any person to sleep in for any 
 time less than a week; a cellar shall be taken to mean and in- 
 clude every basement or lower story of any building or house 
 of which one-half or more of the height from the floor to the 
 ceiling is below the level of the street adjoining. 
 
 State Board of Commissioners of Practical Plumbing. 
 
 5O9 - It shall not be lawful for any person, firm or cor- 
 poration engaged in the plumbing business in the City of Balti- 
 more to employ as workmen in said business any persons, 
 except those qualified to work at the plumbing business, as 
 provided in section 511 of this Article; and no person shall be 
 qualified to work at the plumbing business unless he has made 
 application to and received from the State Board of Commis- 
 sioners of Practical Plumbing the certificate of competence 
 
207 
 
 provided for in section 511 of this Article, and is otherwise 
 qualified, as required by this sub-division of this Article. Any 
 person or firm engaged in the plumbing business in the City 
 of Baltimore, and the superintendent, manager, agent or other 
 officer of any corporation, engaged in the plumbing business 
 in the City of Baltimore, who shall employ any person to work 
 at the plumbing business not qualified as required by this sub- 
 division of this Article shall be guilty of a misdemeanor, and 
 upon conviction thereof shall be fined not less than ten dollars 
 nor more than fifty dollars for every day or part of every day 
 that such employer shall employ such workman. 
 
 510. If any person shall work at the plumbing business 
 in the City of Baltimore without being qualified as required 
 by this sub-division of this Article he shall be deemed guilty 
 of a misdemeanor, and upon conviction thereof shall be fined 
 not less than five dollars nor more than fifty for every day or 
 part of every day that such workman shall work at the plumb- 
 ing business. 
 
 511. The Governor shall appoint biennially five persons,, 
 who shall constitute a board of commissioners, which shall be 
 known and designated as "The State Board of Commissioners 
 of Practical Plumbing," and who shall be selected as follows: 
 Three persons who are practical and skilled plumbers from the 
 City of Baltimore, the Commissioner of Health of Baltimore 
 City, and a member of the State Board of Health, from the 
 State at large, whose duty it shall be to faithfully and impar- 
 tially execute, or cause to be executed, all the provisions and 
 requirements of this and the two preceding sections; upon 
 application and in such manner and at such place as they may 
 determine, provided said place of examination shall be within- 
 the limits of the City of Baltimore, they shall examine each 
 and every person who shall desire to work at the plumbing 
 business, touching his competency and qualifications; and 
 upon being satisfied that the person so examined is competent 
 and qualified to work at said business, they, or any three of 
 them, shall grant such person a certificate of competency, and 
 register him in their books as a practical plumber, which shall 
 operate as full authority to him to conduct and engage in the 
 said business of plumbing. 
 
208 
 
 51 2. The said Board of Commissioners shall demand and 
 receive from each applicant for a certificate of competency 
 whom they examine and pass the sum of three dollars at the 
 time of the issuance of said certificate, and the sum of one dol- 
 lar for the renewal thereof each and every year thereafter, on 
 or before the first day of May. 
 
 513. The money received under the provisions of the fore- 
 going section shall be used and applied by said Commissioners 
 to defray their expenses, and all surplus over and above their 
 necessary expenses shall be returned to the State Treasurer for 
 the use of the State. 
 
 514: - Said Commissioners shall hold their several offices 
 for the period of two years, commencing from the first day of 
 May in the year eighteen hundred and eighty-six, and there- 
 after until their successors have been appointed and qualified; 
 each Commissioner, within thirty days after notification of his 
 appointment, shall take and subscribe an oath or affirmation 
 before the Clerk of the Superior Court of Baltimore City, to 
 impartially and faithfully discharge his duties as said Com- 
 missioner; every person appointed Commissioner, who shall 
 refuse or neglect to take the oath or affirmation provided for in 
 this section, within the period named, shall be deemed to have 
 refused said office, and the Governor shall immediately appoint 
 some person qualified as provided in section 511 of this Ar- 
 ticle, to fill the vacancy thus created; each of said Commis- 
 sioners shall receive the sum of five dollars for every day that 
 he shall be present at a meeting of said Board, for the trans- 
 action of business; provided, however, that in each year he 
 shall not receive compensation for more than thirty dollars, 
 and provided, also, that said compensation shall be paid out of 
 the fees or other sums received by said Board. 
 
 515. The said Board of Commissioners are empowered to 
 make such rules and regulations from time to time as in their 
 judgment they may deem necessary and requisite; and they 
 shall make a report of the condition of the Board to the Gov- 
 ernor biennially, on or before the first day of February, with 
 a full statement of their receipts and expenditures. 
 
209 
 
 HOURS OF LABOR. 
 
 516 - No mechanic nor laborer employed by the Mayor and 
 City Council of Baltimore, or by any officer, agent or contrac- 
 tor under it, shall be required to work more than nine hours 
 per day as a day's labor; provided, however, that this section 
 shall not apply to mechanics and laborers whose hours of labor 
 are already fixed at less than nine hours per day ; and provided, 
 further, that the provisions of this sub-division of this Article 
 shall not apply to the employees of the Fire Department, Bay 
 View Asylum or the Baltimore City Jail. Any such officer, 
 agent or contractor who shall require any mechanic or laborer 
 to work more than nine hours per day, contrary to the pro- 
 visions of this section, shall be fined not less than ten dollars 
 nor more than fifty dollars for each offence; one-half of such 
 fine to go to the informer ; said fines to be collected as other 
 fines are collected by law. 
 
 HOUSES OF REFUGE AND REFORMATION. 
 
 517. The Mayor and City Council of Baltimore, in con- 
 formity with the requirements of section 105 of this Article, 
 is authorized and empowered to appropriate annually to the 
 House of Refuge and St. Mary's Industrial School, any 
 sum or sums of money not exceeding twenty-five thou- 
 sand dollars per annum, and to the Boys' Home Society 
 of Baltimore City, not exceeding the sum of five thousand dol- 
 lars annually ; and to the Female House of Refuge, not ex- 
 ceeding ten thousand dollars per annum ; and to the Saint 
 Vincent of Paul's Orphan Asylum of Baltimore City, any sum 
 now due said institutions for the care of destitute or other 
 minors committed by courts or police magistrates to its care, 
 and hereafter not exceeding the sum of two thousand dollars 
 per annum. And the said Mayor and City Council are further 
 authorized and empowered to appropriate for repairs, perma- 
 nent improvements and additions to the buildings now occu- 
 pied and used by the House of Refuge and the Maryland 
 Female House of Refuge, such additional sum or sums of 
 money as in their judgment shall from time to time be required 
 for these purposes. 
 
210 
 
 518. The Judge of the Criminal Court of Baltimore, the 
 President of the Board of Police Commissioners, and the Mar- 
 shal of the Police of the City of Baltimore, shall, at such times- 
 as they may think proper, visit and inspect the House of the- 
 Good Shepherd. 
 
 IMMIGRANTS. 
 
 519. Xhe master or commander of any vessel arriving from, 
 a foreign country or from any other of the United States, who 
 shall enter said vessel at the custom-house in the City of Balti- 
 more, shall, within twenty-four hours after such entry, make a 
 report in writing on oath to the Mayor of said City, of the 
 name, age and occupation of every alien who shall have been 
 brought or carried as passenger in such vessel on that voyage, . 
 upon pain of forfeiture, for every neglect or omission to make 
 such report, of the sum of twenty dollars for every such passen- 
 ger neglected or omitted to be so reported. 
 
 520. Xhe Mayor, or other person discharging the duties 
 of his office, shall require the owner or consignee 01 every 
 vessel arriving from a foreign country, or from any other 
 of the United States, which shall be entered in said custom- 
 house, upon pain of forfeiture to the Mayor and City Council, 
 of Baltimore, of twenty dollars for every neglect or omis- 
 sion to give a several bond to the State of Maryland in 
 the penalty of three hundred dollars, for each passenger in- 
 cluded in the report of the master or commander of such vessel 
 directed to be made by the preceding section, and conditioned 
 to indemnify and save harmless each and every City, town and 
 county in this State, from any cost which such City, town or 
 county shall incur, for the relief or support of the person named 
 in the bond, within five years from the date of the bond, and 
 also to indemnify and refund any charge or expense such City, 
 town or county may necessarily incur for the support or med- 
 ical care of the person named therein, if received into the alms- 
 house or hospital or any other institution under their care. 
 
 521. Every such bond shall be signed by two or more suffi- 
 cient securities, residents of the State of Maryland, each of" 
 
211 
 
 whom shall prove, by oath or otherwise, that he is owner of a 
 freehold in said State, of the value of three hundred dollars 
 over and above all claims or liens thereon or against him, in- 
 cluding any contingent claim which may accrue from or upon 
 any former bond given under the provisions of this sub- 
 division of this Article. 
 
 522. if the principal in said bond chose, instead of the 
 security required in the preceding sections, he may secure said 
 bond by mortgage of real estate, or by the pledge and transfer 
 of public stock of the United States, or of the State of Mary- 
 land, or of the City of Baltimore, or by deposit of the amount 
 of the penalty in some bank, subject to the order of the Mayor 
 of the City. 
 
 523. Any security, whether real or personal, offered by 
 such owner or consignee, shall first be approved by the Mayor 
 of the City. 
 
 524. The owner or consignee of any vessel may at any time 
 within three days after the landing of such passengers, com- 
 mute for the bond hereinbefore required, by paying to the 
 City Register the sum of one dollar and fifty cents for each 
 and every passenger reported as hereinbefore required by this 
 sub-division of this Article, and the receipt of such sum by the 
 City Register shall be deemed a full and sufficient discharge 
 from the requirement of giving such bond. 
 
 525. if any alien passenger in such vessel shall be suffered 
 to land therefrom at any place within the distance of fifty miles 
 from said City, with the intent to proceed thereto otherwise 
 than in said vessel, the master or commander thereof shall for- 
 feit and pay for every such person the sum of one hundred dol- 
 lars, unless within forty-eight hours after the entry of the vessel, 
 the owner or consignee shall give bonds or pay the commuta- 
 tion money aforesaid. 
 
 526. All or any of the said penalties and forfeitures, as well 
 as the said commutation money, may be sued for in the name 
 of the Mayor and City Council of Baltimore, before any Justice 
 
212 
 
 of the Peace, in the same manner and subject to the same iuies 
 and process, and the right of appeal as provided in cases of 
 small debts. 
 
 527. The Mayor may compound for or remit the said pen- 
 alties and forfeitures, and payments and recoveries, or any of 
 them, either before or after suing for the same, upon such terms 
 as the circumstances of the case may in his judgment require. 
 
 528. The Mayor and Register shall pay over to the trus- 
 tees for the poor of Baltimore City, semi-annually, three-fifths 
 of all sums of money arising from commutation by owners or 
 consignees of vessels as aforesaid, which shall be appropriated 
 by said trustees to the use of the City of Baltimore, for the 
 purpose of supporting the foreign paupers of the said City, and 
 the remaining two-fifths shall be paid to the Hibernian Society 
 of Baltimore, and the German Society of Maryland, in the pro- 
 portions mentioned in the next succeeding section. 
 
 529. All money received by the Mayor or Register for 
 penalties and forfeitures imposed by this sub-division of this 
 Article shall be distributed and paid by the Mayor and City 
 Council as follows: two-fifths thereof to the German Society of 
 Maryland, and the Hibernian Society of Baltimore, to be di- 
 vided between them as follows: to the German Society in pro- 
 portion to the amount received from and on account of German 
 and Swiss passengers, and to the Hibernian Society in propor- 
 tion to the amount received from and on account of Irish pas- 
 sengers; and the remaining three-fifths to the Supervisors of 
 City Charities. 
 
 530. The Register of the City shall be entitled to two per 
 centum upon the amount of money collected under this sub- 
 division of this Article. 
 
 531. Nothing contained in the twelve preceding sections 
 shall be deemed to extend to any ambassadors, ministers, con- 
 suls or agents of foreign governments arriving as passengers 
 in the port of Baltimore. 
 
213 
 
 INSPECTIONS, WEIGHTS AND MEASURES. 
 
 Barrels. 
 
 532. The standard barrel for the measurement of all 
 green peas or beans in the hull, for which a heaping measure 
 is now given, shall be of the following dimensions, namely: 
 diameter of said barrel at the top shall be eighteen and three- 
 fourths inches inside the staves, the diameter at the bottom 
 inside the staves shall be sixteen and one-fourth inches, and the 
 depth of said barrel shall be twenty-six inches inside, and to 
 contain in all six thousand two hundred and fifty-three and 
 three-fourths cubic inches, measurement by said barrel to be 
 struck measure. 
 
 533. Xhe dimensions of any barrel so used shall be 
 stamped by the Inspector of Weights and Measures of the 
 City of Baltimore upon the same, in three conspicuous places, 
 and any person using a barrel for the measurement of peas, 
 beans and like farm products, without being so stamped, shall 
 be fined not less than one hundred dollars, or more than five 
 hundred dollars; said fine to be collected as other fines are now 
 collected. 
 
 534. It shall be the duty of said Inspector of Weights and 
 Measures and any measurer of the City of Baltimore, from 
 time to time to inspect the barrels used for the measurement of 
 said peas, beans and other farm products, and to see that the 
 provisions of this sub-division of this Article are complied 
 with; and upon the conviction of any person or corporation 
 under the provisions of this sub-division of this Article, one- 
 half of the fine imposed shall be paid to said Inspector of 
 Weights and Measures of the City of Baltimore. 
 
 Coal 
 
 535. Every person dealing in or selling mineral coal within 
 the City of Baltimore shall have scales of suitable capacity at- 
 tached to the premises occupied by him ; any neglect upon the 
 part of the dealer, seller or owner of coal-yards or wharves that 
 are used for the sale of coal, to have the said scales placed within 
 
214 
 
 the aforesaid yards or wharves, shall be subject to a penalty of 
 ten dollars for each and every offence, to be recovered by indict- 
 ment and paid to the Comptroller of Baltimore City. 
 
 536 - If any owner of a cart or other vehicle used for haul- 
 ing coal in the City of Baltimore shall neglect to have such 
 coal weighed upon the scales named in the preceding section, 
 or if any dealer or seller shall sell the aforesaid coal to any 
 cart, wagon or other vehicle, without being so weighed, he 
 shall be subject to a penalty of ten dollars for each and every 
 offence, to be recovered by indictment and to be paid to the 
 Comptroller of the City of Baltimore. 
 
 It shall be the duty of any policeman of Baltimore 
 City, when called for by the purchasers or any interested per- 
 son, or when such officer has reason to believe any cart, wagon 
 or other vehicle on the street or road containing coal has not 
 the proper weight, to take such cart, wagon or other vehicle 
 to the nearest State or available private scale and have it 
 weighed ; and the party so weighing shall give a sworn certifi- 
 cate of the weight; and the seller of said coal shall not make any 
 additional charge for hauling said coal to any scales to be 
 weighed; and if the driver of said cart or other vehicle, or the 
 owner thereof, shall refuse to drive said cart or other vehicle 
 to said scales to be weighed as aforesaid, such driver or owner 
 so refusing shall be fined the sum of five dollars, to be recovered 
 by indictment and paid to the Comptroller of Baltimore City. 
 
 538 - It shall be the duty of every seller of coal to send with 
 each and every load of coal sold by him a card or ticket, which 
 shall indicate on its face in plain characters the seller's name, 
 the date, the weight of coal contained in the cart, wagon or 
 other vehicle in which it is being transported ; and any vendor 
 of coal violating such provisions, or being found selling or 
 delivering any load of coal without such card or ticket, shall 
 be liable to a fine of not less than five dollars, nor more than ten 
 dollars for each and every offense, to be recovered and appro- 
 priated as provided in the preceding Section ; provided, how- 
 
215 
 
 ever, that two per centum shall be allowed in the weight of the 
 coal in the said cart, wagon or other vehicle for variation of 
 
 .scales; and provided, further, that nothing in this Section con- 
 tained shall apply to sales of coal by manifest weight in car or 
 
 - cargo lots. 
 
 539 - A compensation of twenty-five cents per ton shall be 
 -paid to the parties weighing coal under the foregoing section, 
 said sum for weighing to be paid by the seller, if the coal is 
 deficient in weight, otherwise to be paid by the purchaser. 
 
 539A. The Board of Police Commissioners shall order the 
 detail of one policeman from each of the eight districts of the 
 City (but one only at a time, and the said policeman so ap- 
 pointed shall not serve continuously), and each district chang- 
 ing alternately with the others for such time as the judgment 
 of the Marshal shall determine. Such policeman shall be 
 charged with the duty of enforcing the Coal Law for the ben- 
 efit of the public and specially watching the delivery of mineral 
 coal by carts, wagons or other vehicles, and he shall be empow- 
 ered with authority to weigh any cart, wagon or other vehicle 
 loaded with coal at any time he may elect to do so. 
 
 54O. The provisions of this sub-division of this Article shall 
 not apply to the sale of coal by single bushel, half bushel or 
 -peck. 
 
 Gas Meters. 
 
 
 
 541 It shall be the duty of every gas company manufac- 
 turing, furnishing and selling gas in the City of Baltimore, to 
 place upon the premises of every consumer using gas, a correct 
 apparatus or meter for registering the consumption of the 
 same, and it shall be the duty of the company to see that said 
 apparatus or meter is kept in proper working order and con- 
 dition. 
 
 542 - It shall not be lawful for said company, under any 
 circumstances, to charge or collect for any greater amount of 
 -gas than is registered by said apparatus or meter. 
 
216 
 
 543 Any consumer may, at any time, cause said apparatus 
 or meter to be tested by the Superintendent of Lamps and 
 Lighting or one of his Assistants, who shall make said test in. 
 the presence of the consumer and of an agent of the gas com- 
 pany by which the gas may be supplied, if desired, and shall, 
 furnish to the consumer a certificate under oath of the true con- 
 dition and working of said apparatus or meter; and if it shall be 
 found, upon any such test, that said apparatus or meter is regis- 
 tering gas in favor of said company, then, in the absence of any 
 fraud upon the part of the consumer, the said company shall, 
 refund to the consumer an amount in lawful money equal to the 
 percentage that the said apparatus or meter has been register- 
 ing too fast, upon the bills of said consumer, registered by said 
 apparatus or meter, for the four months next preceding the said 
 test, unless the said company can prove that such inspection 
 and certificate do not show the correct result; and in case such 
 refunding does take place, the said company shall also pay the 
 expenses incurred in making said test. 
 
 Gangers of Casks and Liquors. 
 
 544 Any citizen of the State of Maryland, on application to 
 the Clerk of the Court of Common Pleas -in the City of Balti- 
 more, and on paying one hundred dollars to the said clerk, shall 
 be entitled to receive a license to act as gauger of casks and 
 liquors, for the term of one year from the date thereof. The 
 person applying for said license shall, at the time of receiving 
 the same, take and subscribe before said clerk, an oath that he 
 will honestly and faithfully discharge the duties of said office. 
 
 545. No person engaged in vending or trading in or manu- 
 facturing casks or liquors individually, or as a partner, or as 
 agent, clerk or employee of a trader, vender or manufacturer of 
 said articles, or either of them, or any commissioned officer,, 
 shall be licensed to act as gauger of casks and liquids 
 
 546 - Any person may sell, export or otherwise dispose of 
 any foreign or domestic liquors in casks, without having the- 
 same gauged by a licensed gauger, but in cases of difference 
 between the buyer and seller as to the quantity, either party- 
 may call in a gauger, and his judgment shall bind the parties. 
 
217 
 
 547. The gaugers shall procure and use a correct set of 
 gauging instruments, and as soon as they have ascertained the 
 capacity of any cask they shall distinctly mark with marking 
 irons the capacity on the bilge near the bung, and prefix the 
 letter M., for the State of Maryland, and the first letter of the 
 surname of the gauger who does the gauging; and any cask 
 containing such liquor, to be merchantable, must be round at 
 the bilge and heads, the staves thereof to be seasoned white 
 oak, free from any injurious portion of sap-wood, and not less 
 than half an inch thick at the thinnest part, and not more than 
 three-quarters of an inch at the thickest part, and to be tight 
 and secured with a sufficient number of good hoops; if of iron, 
 six; and if of wood, not less than twelve; and at least not less 
 than twelve on all double barrels and hogsheads; and if any 
 cask containing such liquor shall be found deficient in any of 
 these respects by said gauger, he shall direct it to be coopered, 
 or other casks substituted therefor, at the expense of the owner 
 or seller; and if any such cask shall be fraudulently made, the 
 owner or seller thereof, or his agent, shall forfeit the cask to 
 the use of the State. 
 
 548. The said gaugers, in order to ascertain the capacity 
 of casks, shall conform to the Baltimore standard of wine 
 measure ; and if any cask or vessel gauged or marked by said 
 gauger shall in its capacity be found lacking or exceeding one 
 or more gallons in a cask of a larger size, the gauger shall for- 
 feit and pay two dollars for each gallon so lacking or exceed- 
 ing the number of gallons marked by him on the cask. 
 
 549 - If any person shall alter any mark, or number marked 
 or set down by any gauger, thereby to deceive and defraud the 
 purchaser of distilled spirits, wine, molasses or other liquid mer- 
 chandise so gauged and marked, or shall put any false mark or 
 number on said cask, or upon any certificate intended to coun- 
 terfeit the mark or number of the gauger, he shall forfeit and 
 pay twenty dollars for every offence, one-half to the informer 
 and the other half to the use of the State. 
 
 c5u. Every gauger so licensed shall be entitled to demand 
 and receive from the person at whose request he shall gauge 
 
218 
 
 any cask, the following fees, to wit: For gauging casks not 
 exceeding forty gallons, ten cents per cask; for casks of larger 
 size, fifteen cents. 
 
 55 ! Any person not being properly licensed, who shall act 
 as gauger, or being so licensed shall act as said ganger outside 
 of the limits of the said City, shall forfeit and pay to the Sheriff 
 of the City the sum of three hundred dollars ; said penalty to be 
 imposed as a fine by the Criminal Court, on presentment and 
 indictment by the Grand Jury and conviction in due course of 
 law, and one-third of the penalty shall be paid by the Sheriff 
 to the informer, and the residue shall be accounted for by the 
 Sheriff to the treasury as other fines ; if any person so licensed 
 shall be guilty of a fraud by reason of collusion with any par- 
 ties, he shall be deemed guilty of misdemeanor, and shall, on 
 presentment and indictment therefor, and conviction thereof, 
 forfeit and pay a fine of not less than five hundred dollars or 
 more than one thousand dollars for every such offence, or be 
 imprisoned, in the discretion of the court, for a time not exceed- 
 ing three years, or both, and shall also be liable in damages at 
 the suit of the party aggrieved. 
 
 Hay and Straw. 
 
 552. Xhe Governor, by and with the advice and consent of 
 the Senate, shall biennially appoint four inspectors of hay and 
 straw for the City of Baltimore. 
 
 553. Each of said inspectors shall give bond to the State 
 of Maryland, in the sum of two thousand dollars, for the true 
 and faithful performance of the duties of his office. 
 
 554 - All hay and straw brought to the City of Baltimore 
 may be weighed at the State hay scales as now established by 
 law, by one of the inspectors, at the rate of one hundred pounds 
 to the hundred weight, making a reasonable allowance for the 
 moisture thereof, as well as the mud or other substance at- 
 tached to the wagon, cart or sled containing the same. 
 
219 
 
 555. The inspector shall give a certificate of every load of 
 hay or straw weighed by him, stating the gross and net weight 
 of such straw or hay, and wagon, cart or sled. 
 
 556. The said inspector shall be entitled to demand and 
 receive for each and every load of hay and straw inspected by 
 him, of whatever weight, one cent per hundred weight; and 
 for weighing hemps, cable, anchors, dye-woods, barks, etc., 
 two cents per hundred pounds; and for inspecting and weigh- 
 ing corn in the ear and corn husks, one cent per hundred 
 pounds. 
 
 If any person bringing hay or straw to said City shall 
 neglect to have the same weighed by the said inspector, or shall 
 be detected in having stones, rubbish, wood or anything else 
 concealed in his load, or shall in any manner change the condi- 
 tion of his cart, wagon, carriage or sled, with fraudulent inten- 
 tion, he shall forfeit and pay for each and every such offence 
 the sum of five dollars; provided, however, any person bringing 
 hay or straw to market, who shall sell and deliver the same for 
 consumption west of Gwynn's Falls, shall not be subject to the 
 penalty herein recited as to not having said load of hay or 
 straw weighed by the weighmaster at the western hay scales, 
 provided he shall tender to the weigher of hay and straw, at 
 the western hay scales, on the day of delivery of said hay or 
 straw, such fee as is prescribed by law, said fee to be ascertained 
 by the certificate of the person weighing said hay or straw; 
 and when said certificate of private weigher is presented to the 
 weighmaster of hay and straw at the western hay scales, the said 
 weighmaster shall retain the certificate of the private weigher, 
 and issue to the person presenting the certificate from the pri- 
 vate weigher, a certificate from the book of the weighmaster at 
 the western hay scales corresponding with the certificate of the 
 private weigher, for which the weighmaster at the western hay 
 scales shall collect the fee prescribed by law; any seller of hay 
 or straw failing to comply with the provisions of this section or 
 failing to present the certificate of the private weigher to the 
 weighmaster at the western hay scales, shall be subject to a 
 fine of five dollars for each and every such offence. 
 
220 
 
 558. That any private weigher, who shall under a false cer- 
 tificate, and any seller of hay or straw who shall present a false 
 certificate to the weigher of hay and straw at the western hay 
 scales, shall be subject to a fine of five dollars and costs for each 
 and every such offence. 
 
 559 - If any person, after having his hay or straw weighed, 
 and having obtained the inspector's certificate, specifying the 
 quantity thereof, shall dispose of any part thereof, or in any 
 manner diminish the same in quantity, thereby to defraud or 
 deceive thevpurchaser thereof, he shall forfeit and pay for every 
 such offence the sum of twenty dollars. 
 
 560. The said inspectors may re-weigh carts, wagons, car- 
 riages or sleds, as often as they may deem expedient; and if at 
 any time either of them shall be required to do so by a pur- 
 chaser of hay or straw, and it shall be found that his report of 
 the weight of the cart, wagon, carriage or sled is correct, the 
 person requiring the same shall pay twenty cents to said in- 
 spector; in other cases the re-weighing shall be free of charge. 
 
 561. The said inspector shall, at all times when required, 
 weigh hemps, cables, anchors, dye-woods, barks, roots, etc. 
 
 562. i n addition to the charge hereinbefore authorized for 
 the .use of the State hay scales, the inspector shall be entitled 
 to demand and receive fifteen cents for each and every load of 
 hay or straw which shall remain half an hour on the premises 
 after the weighing thereof, but shall be removed before night, 
 and thirty cents for each and every load which shall be left on 
 the premises until the next morning. 
 
 563. The weighing apparatus shall be adjusted at least once 
 in six months by the standard of weights for the City of Balti- 
 more, the expenses of which, together with all the expense 
 for repairs, shall be paid by the inspectors. 
 
 564. The inspectors shall severally account for, under oath, 
 and pay over to the Treasurer, quarterly, all moneys received 
 by them as inspectors, after retaining for their services three- 
 fourths of all moneys received under sections 556 and 560, and 
 one-fifth of all moneys received under section 5620? this Article. 
 
221 
 
 5G5 - It shall be the duty of the inspector of hay and straw 
 having charge of the eastern hay scales at Canton, in the City 
 of Baltimore, to weigh all cattle and hogs required by law to be 
 weighed, which may be brought to said scales for that purpose; 
 and the said inspector shall be entitled to demand and receive 
 for the use of the State, for the first time of weighing any live- 
 stock, except sheep, required by law to be weighed, two cents 
 for every hundred weight, and one cent per head for every 
 sheep ; and for every second and subsequent weighing, for cat- 
 tle and hogs, two cents for every thousand weight, and sheep, 
 one cent for every thousand weight, and all live-stock not re- 
 quired to be weighed, the sum of six cents for every thousand 
 weight. 
 
 566. He shall keep a mil record of all weights as ascer- 
 tained and determined by him, of what, and for whom the same 
 may be ascertained and determined, and all money received 
 by him for weighing live-stock, and all expenditures and dis- 
 bursements, in books to be provided for him for that purpose, 
 which books shall belong to the State, and shall at all times be 
 subject to the inspection and order of the Comptroller; and he 
 shall, at the expiration of every six months, or within five days 
 thereafter, upon his oath, taken before a Justice of the Peace for 
 said City, make a full statement of all receipts for weighing all 
 live-stock weighed by him for the six months immediately pre- 
 ceding said statement, and from whom received, and all dis- 
 bursements by him made to the Comptroller; and if the balance 
 in the hands of said inspector for weighing live-stock for said 
 six months shall exceed the sum of two hundred dollars, he 
 shall pay the excess into the Treasury ; but if there be no excess 
 over and above two hundred dollars, after deducting all neces- 
 sary expenses for receipts for weighing live-stock, the said in- 
 spector shall retain the balance as compensation for his ser- 
 vices for weighing such live-stock. 
 
 567. Upon failure and refusal of any agent or owner of 
 live-stock to pay for weighing the same he may impound any 
 number of live-stock he may deem necessary to cause such 
 fees to be paid; provided, no injury be done to said stock by 
 confining them as aforesaid, and that they be delivered to the 
 owner or agent upon payment of all just and proper charges. 
 
222 
 
 568. If the inspector shall neglect or delay to weigh or 
 cause to be weighed any live-stock brought to said scales for 
 the purpose of being weighed, for a time not exceeding twenty- 
 four hours after he shall have been requested to weigh the same, 
 he shall forfeit and pay to the owner of such live-stock or his 
 agent the sum of ten cents an hour upon each and every head 
 thereof for so many hours as he shall omit or neglect to weigh 
 the same, over and above the term of twenty-four hours, Sun- 
 day excepted, to be recovered in an action of debt before a Jus- 
 tice of the Peace, with costs. 
 
 569. The said inspector of hay and straw shall execute a 
 bond to the State in addition to the bond now provided by law 
 to be given by said inspector, to be approved by the Comp- 
 troller, in the penal sum of one thousand dollars, conditioned 
 for the full performance of all acts and things required by him 
 as weigher of live-stock at said scales, and to pay all damages 
 that may be sustained by reason of wilful omission, refusal or 
 neglect to discharge said duties ; which bond shall be filed with 
 the State Comptroller; but said inspector or weigher of hay 
 and straw shall be chargeable with the payment of a tax of ten 
 dollars, and no more, for his commission. 
 
 570. All fines and forfeitures imposed under sections 557 to 
 559 may be recovered with costs in the name of the State, be- 
 fore a Justice of the Peace in the manner that small debts are 
 recovered ; one-half to the informer and the other half to the use 
 of the State. 
 
 Manure. 
 
 571. A cart load of manure shall contain forty cubic feet. 
 
 Steam Boilers. 
 
 572. The Governor shall biennially appoint two suitable 
 persons who are well skilled in the construction and use of 
 steam engines and boilers, and in application of steam thereto, 
 whose duty it shall be to inspect steam boilers in the City of 
 Baltimore, as hereinafter specified and directed; said inspectors 
 before entering on their duties, shall make oath before a Jus- 
 tice of the Peace, that they will faithfully perform the duties of 
 their office without fear, partiality or favor; that they are not,. 
 
223 
 
 and will not during their term of office, be connected with, or 
 interested in the manufacture of steam boilers, engines or ma- 
 chinery applicable thereto, and that they will not during their 
 term of office, accept any money, gift, gratuity or consideration 
 from any person, and shall give bond, to be approved by the 
 State Comptroller, in the sum of five thousand dollars each, for 
 the faithful discharge of their duties. 
 
 573. Xhe City of Baltimore is divided into two districts,, 
 which shall be known as the first and second steam boiler in- 
 spection districts; the first district shall embrace what is now 
 known as the Eastern, Northeastern and Southern Police Dis- 
 tricts; the second shall embrace what is now known as the Cen- 
 tral, Western, Northwestern and Southwestern Police Districts 
 of said City; and the Governor in appointing the inspectors 
 shall assign each to his respective district. 
 
 574. Xhe inspectors, before entering on the discharge of 
 their duties, shall provide themselves with an office in a central 
 part of said City, also with the necessary apparatus and appli- 
 ances for the testing of steam boilers ; and they shall give notice 
 for three successive days, through the two daily papers having 
 the largest circulation in said City, of the time and manner in 
 which they shall receive the reports of the locations of steam 
 boilers. 
 
 575. Every owner or renter using a steam boiler in said 
 City, shall, within ten days after the publication of the afore- 
 said notice, report to the inspector of the district the location 
 of such boiler, under a penalty of fifty dollars for each day a 
 boiler is used and neglected to be reported. 
 
 576. Xhe inspector of each district shall give six days' 
 notice in writing to each owner or renter of a steam boiler, or 
 the engineer or person in charge, of the time when he will in- 
 spect such boiler; and such owner or renter shall have such 
 boiler ready for inspection, in compliance with the require- 
 ments of said notice, and shall furnish such assistance as the 
 inspector may require, under a penalty of fifty dollars for such 
 failure or neglect, and a further penalty of fifty dollars for each 
 day any such boiler is used without a certificate of inspection. 
 
224 
 
 It shall be the duty of each inspector, once at least in 
 every year, to inspect all stationary steam boilers of three horse 
 power and upwards, used within the limits of his district, sub- 
 jecting them to a hydrostatic test of at least twenty-five per 
 cent, in excess of the steam pressure allowed, and satisfy him- 
 self, by a thorough external and internal examination, (if pos- 
 sible,) with a hammer, that the boilers are free from danger from 
 corrosion or other defects, are well made of good material, the 
 openings for the passage of water and steam, respectively, and 
 all pipes and tubes exposed to heat are of proper dimensions, 
 and free from obstruction; that the flues and tubes, if any, are 
 circular in form, the furnaces in proper shape, and the fire line 
 of the furnaces is at least two inches below the minimum water 
 line of the boilers ; and shall also satisfy himself that the safety 
 valves are of suitable dimensions, sufficient in number and well 
 arranged, and that the weights are properly adjusted so as to 
 allow no greater pressure in the boiler than the amount pre- 
 scribed in the certificate of inspection; that there is a sufficient 
 number of gauge-cocks, a steam gauge, a coupling cock in 
 suitable position for attaching the hydrostatic test, that means 
 for blowing out are provided, so as to thoroughly remove the 
 mud and sediment from all parts of the boilers when they are 
 under the pressure of steam, and that fusible metals are prop- 
 erly inserted so as to fuse by the heat of the furnaces when the 
 water in the boilers shall fall below the prescribed limits, and 
 that adequate and certain provision is made for an ample sup- 
 ply of water at all times ; when the inspection is completed and 
 the inspector approves the boiler, he shall make and subscribe 
 a certificate of inspection, stating the condition of the boiler, 
 the number of years or months it has been in use, and the pres- 
 sure of steam allowed; and no greater pressure than that al- 
 lowed by the certificate shall be applied to such boiler. In lim- 
 iting pressure, whenever the boiler under test will, with safety, 
 bear the same, the limit desired by the owner shall be the one 
 certified; and such certificate of inspection shall be framed 
 under glass, and kept in some conspicuous place on the prem- 
 ises where said boiler referred to is used; and if the inspector 
 shall deliver or cause to be delivered to the owner or renter of 
 any boiler a certificate of inspection without having first sub- 
 jected the said boiler to the tests as herein provided, he shall 
 
225 
 
 .forfeit his bond, and upon conviction shall be removed from 
 office by the Governor, 
 
 578. In addition to the annual inspection, it shall be the 
 duty of the inspector to examine all boilers within the limits of 
 their respective districts once at least in every three months, 
 and if deemed necessary, apply the hydrostatic test; and if on 
 such examination the inspector shall find evidence of deterio- 
 ration in strength, he shall revoke the certificate and issue an- 
 other, assigning a lower rate of pressure; and if the defect be of 
 such character as to make the boiler dangerous, the inspector 
 shall notify the owner or renter in writing, stating in the notice 
 what is required, and order the use of the boiler discontinued 
 until the necessary repairs are made; and if he considers it be- 
 yond repair, he shall condemn it; and if the owner or renter shall 
 refuse or neglect to comply with the requirements of the in- 
 spector, and shall, contrary thereto, and while the same remains 
 unreversed, use the boiler, he shall be liable to a penalty of not 
 less than one hundred dollars for each day such boiler is used, 
 and in addition thereto shall be liable for any damage to per- 
 sons or property which shall occur from any defects, as stated 
 in the notice of the inspector. 
 
 Any owner or renter of a boiler, who shall consider 
 himself aggrieved by the action of the inspector, under the pro- 
 visions of the preceding section, may, within ten days after such 
 inspection, notify the inspector of the fact, and demand a re- 
 examination of the said boiler; the owner or renter shall select 
 .a practical engineer, who, with the inspector, shall select a third 
 person, skilled in the manufacture and use of steam boilers, 
 which said two persons, after taking an oath as reviewers, shall, 
 together with the inspector, carefully examine the said boiler, 
 and the decision of any two of these shall be final; should the 
 decision of the inspector be sustained, the said owner or renter 
 shall pay the expense of such review; but should it be re- 
 versed, the inspector shall restore the certificate, and the ex- 
 pense of the review shall be paid by the State ; such reviewers 
 -shall receive five dollars for each day or part of a day they are 
 engaged in making such review. 
 
226 
 
 580. Any person erecting or using a steam boiler without, 
 having the same inspected by the inspector of the district in. 
 which the said boiler is located, shall pay a fine of one hundred, 
 dollars, and fifty dollars for each day any such boiler is used 
 without being inspected: and any person who shall alter or 
 change a steam gauge or weight on a safety valve for the pur- 
 pose of carrying a greater pressure of steam on a boiler than 
 that allowed by the certificate of inspection, shall be liable to a 
 fine of five hundred dollars ; and any owner or renter of a steam 
 boiler who shall neglect or refuse to place his certificate of in- 
 spection on the premises, as prescribed in section 577 hereof, 
 shall pay a fine of five dollars for each day's refusal or neglect. 
 
 581. The inspector shall have power to examine the engi- 
 neers and assistants in charge of boilers, and if any engineer 
 or assistant is found incompetent or addicted to intemperance, 
 the inspector shall notify the owner or renter, and withdraw the 
 certificate of inspection until such engineer or assistant is dis- 
 placed. 
 
 582. Before issuing any certificate of inspection, the in- 
 spectors shall demand and receive from the owner or renter of 
 the boiler, as a compensation for the inspection, and the exam- 
 inations to be made during the year as hereinbefore provided, 
 the following sums: For every boiler of ten horse-power or 
 less, five dollars ; when the boiler is above ten horse-power, five 
 dollars for the first ten, and twenty-five cents additional for each 
 horse-power in excess of that number. 
 
 583. It shall be the duty of each inspector to keep a correri 
 record of the locations of all boilers in his district, when each 
 boiler was inspected, the condition of the same at the time of in- 
 spection, the instructions given to the engineers in charge, the 
 certificates issued, the amount of steam pressure allowed in 
 each certificate, and the boilers condemned or ordered to be 
 repaired ; also a correct account of all money received or paid 
 out; and they shall report the same annually to the State Comp- 
 troller. 
 
 584. The inspectors shall receive an annual salary of fifteen 
 hundred dollars each; and all moneys collected, after deduct- 
 
227 
 
 ing the necessary incidental expenses of the office, shall be paid 
 over to the Treasurer of the State. 
 
 585. Nothing in this sub-division of this Article shall con- 
 flict with the ordinance of the Mayor and City Council of Balti- 
 more which requires their permission for the erection of steam 
 boilers in that City. 
 
 586. Every steam boiler insurance company doing busi- 
 ness in this State shall have a resident inspector, whose duty it 
 shall be to make inspections of steam boilers submitted for in- 
 surance to such steam boiler insurance company; and any 
 owner or renter of a steam boiler who has the same insured in 
 a steam boiler insurance company doing business in this State, 
 in compliance with the laws thereof, and having a resident in- 
 spector and an established system of inspection, must immedi- 
 ately after the first annual inspection in each year by such resi- 
 dent inspector of such steam boiler insurance company, pre- 
 sent to the State Inspector of the district in which the said 
 steam boilers are located, the certificate of inspection of the said 
 company; and the said company shall be charged and charge- 
 able with a fee of one dollar for each and every boiler so in- 
 spected and insured, which shall be paid to the State Inspector 
 with such certificate; provided, that when there is more than 
 one steam boiler belonging to the same owner or renter so in- 
 sured, then the fee so chargeable to the insurance company shall 
 be one dollar per boiler for the first five, and one dollar for each 
 additional five or fraction thereof over and above the first five; 
 and upon the acceptance of the provisions of this section by 
 the owner or renter of said steam boiler, the said owner or 
 renter shall be exempted from the requirements of this sub- 
 division of this Article. 
 
 If either inspector neglects to discharge his duties as 
 prescribed in this sub-division of this Article, he shall forfeit his 
 bond, and shall be removed from office by the Governor. 
 
 588. The Governor shall fill all vacancies that may occur 
 as soon as possible. 
 
228 
 
 589. All fines and penalties imposed in this sub-division of 
 this Article shall be recoverable by indictment before the Crim- 
 inal Court of Baltimore, or before any Justice of the Peace of 
 said City, in the name of the inspector, for the benefit of the 
 State. 
 
 Wood Carts. 
 
 590. The Governor shall biennially appoint, by and with 
 the consent of the Senate, one competent person, whose duty 
 it shall be to measure and stamp all carts or vehicles engaged 
 in hauling cord wood from wharf and yard within the corpo- 
 rate limits of the City of Baltimore; and it shall further be the 
 duty of the said measurer to measure and stamp all carts or 
 vehicles engaged in hauling sawed and split wood for the pur- 
 pose of selling the same within the corporate limits of the City 
 of Baltimore; the said measurer shall have power to appoint 
 deputies if he shall find it necessary to facilitate the work; and 
 he or his assistants shall give certificates to the owners of said 
 carts or vehicles, which shall hold good for one year from date ; 
 all such certificates shall terminate on the first day of May, 
 annually, and shall be applied for on said day, or within thirty 
 days thereafter; and in all cases where said certificate shall not 
 have been renewed within the thirty days aforesaid, a new cer- 
 tificate shall be necessary, to be dated and paid for from the 
 first day of May, as in case of renewal, unless some repairs or 
 alteration be necessary to change the same, for which services 
 he shall receive the sum of one dollar for each cart or vehicle so 
 inspected and marked by him, to be paid by the party at whose 
 request the services were performed; the said measurer or his 
 deputies shall be in no way interested as clerks, or otherwise 
 engaged in the purchase or sale of fire-wood, other than for 
 their own use. 
 
 591. That it shall be unlawful for any person, in either pur- 
 chasing or selling seasoned cord wood in quantities of not less 
 than one-half cord at any one time, to measure and settle for the 
 same, except on the basis of one hundred and twenty-eight 
 cubic feet to each cord of wood; and that the said contents of a 
 cord of wood shall be ascertained by lineal or outside measure- 
 ment, as follows : It shall be eight feet long, four feet high and 
 four feet wide. 
 
229 
 
 592. That any person violating the provisions of the pre- 
 ceding section, shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof shall be subject to a fine of not less 
 than fifty nor more than one hundred dollars, one-half to go to 
 the informer. 
 
 593. The said measurer and his deputies, before entering 
 upon their duties of office, shall take the following oath or 
 affirmation, as the case may be, before some Justice of the 
 Peace: "I do solemnly swear (or affirm) that I will faithfully, 
 truly and impartially, according to the best of my skill and 
 judgment, execute and perform the office and duty of measurer 
 of carts according to the true intent and meaning of this sub- 
 division of this Article, so help me God." 
 
 594 - Said measurer shall locate himself in some suitable 
 section of the City, where he can be found, where the greatest 
 quantity of wood is for sale; he shall plainly mark, by a brand 
 on the. standards of each side of said carts or vehicles, in such a 
 manner as that the purchaser or consumer of fire-wood may 
 see the quantity contained in each eighth, quarter, half or cord 
 of wood so purchased by him, the standard of measurement to 
 be one hundred and twenty-eight cubic feet to the cord of well- 
 stored and packed cord wood, or one hundred and sixty cubic 
 feet of sawed and split wood. 
 
 595. All stick wood sold by retail in the City of Baltimore, 
 shall be measured in a solid frame made of wood or iron; a 
 frame to measure one-eighth of a cord shall be two feet wide 
 and two feet high; a frame to measure one-fourth of a cord 
 shall be three feet wide and two feet eight inches high; a frame 
 to measure three-eighths of a cord shall be four feet wide and 
 three feet high; and a frame to measure one-Half of a cord shall 
 be four feet wide and four feet high; these various dimensions 
 being all intended to import inside measurement; all frames 
 shall be measured and stamped every year by the inspector just 
 as carts are measured and stamped. 
 
 596. if any wood dealer shall sell stick wood by retail in 
 f-he City of Baltimore, measured otherwise than in a frame, he 
 
230 
 
 shall be subject to the penalty of five dollars for each offence; 
 one-half of the penalty to go to the informer; said penalty to be 
 recovered before some Justice of the Peace. 
 
 597. The two preceding sections shall not apply to the 
 measurement of sawed and split wood. 
 
 598. if any owner of a cart or vehicle to be used in hauling 
 fire-wood in the City of Baltimore shall neglect to have such 
 cart or vehicle so inspected, and if any carter or person shall 
 alter the marks of said carts or vehicles after the same have been 
 so inspected, or shall alter the measurement of said fire-wood 
 by increasing or taking from the same, or neglect to have said 
 carts or vehicles stamped, as provided for in this sub-division of 
 this Article, by the first day of June of each year, or if any dealer 
 shall sell the aforesaid cord or sawed and split wood to any 
 cart or vehicle not properly stamped by the measurer or his 
 deputies, provided for by this sub-division of this Article, he 
 shall be subject to the penalty of five dollars for each offence, 
 to be recovered as small debts are now recovered, before some 
 Justice of the Peace, for the use of the City of Baltimore. 
 
 599. i n case of dispute between the purchaser and seller of 
 any lot of fire-wood, the measurer or his deputy, appointed 
 under this sub-division of this Article, may act as arbitrator be- 
 tween said parties, and his decision shall be final ; for which ser- 
 vices he shall receive the sum of six and one-quarter cents for 
 each cord of wood so inspected and measured by him, to be 
 paid by the party at whose request said service was performed ; 
 the said measurer or deputy to give a certificate of the number 
 of cords contained in each lot. 
 
 TONES'S FALLS. 
 
 ROO. None of the provisions of this Article in reference to 
 Constructing sewers and opening and paving streets in the City 
 of Baltimore shall apply to the construction of the sewers, and 
 to the opening and paving of the streets and avenues for which 
 provision is made in this Article relating to Jones's falls, save in 
 so far as the said provision may be made applicable thereto by 
 
231 
 
 -an ordinance of the Mayor and City Council of Baltimore, 
 passed for that purpose; and provided further, that no appeal 
 -shall lie from the decisions of the Baltimore City Court in pro- 
 ceedings in said Court under the provisions of this Article re- 
 lating to Jones's falls. 
 
 6O1 All of the provisions of an ordinance of the Mayor 
 and City Council of Baltimore, entitled an ordinance to pro- 
 vide for the improvement of Jones's falls within the limits of the 
 City of Baltimore, approved January 31, 1870, shall have the 
 same force, effect and operation, and be in all respects as valid 
 as if the said ordinance had been passed after the approval of 
 the Act of 1870, chapter 115, or had been passed after the enact- 
 ment of a law by the General Assembly of Maryland author- 
 izing and empowering the Mayor and City Council of Balti- 
 more to pass such an ordinance. 
 
 JURORS. 
 
 602. The Judges of the Supreme Bench of Baltimore City, 
 or a majority of them, shall meet in some one of the courtrooms 
 of the City of Baltimore on such days as the said Judges, or a 
 majority of them, shall appoint, in the month of April in each 
 year, and shall on such days of meeting, select fairly and im- 
 partially, and by the exercise of their best judgment, the names 
 of seven hundred and fifty persons, or thereabout, qualified 
 under the laws of this State to be grand and petit jurors in the 
 City of Baltimore. They shall cause the names of the persons 
 so selected to be entered in a proper book, and shall verify the 
 list so made up by their certificate and signatures. The said 
 book containing the said list shall be placed in the custody of 
 the Clerk of the Superior Court of Baltimore City. 
 
 603. i n order .to assist the said Judges in making out the 
 "list of jurors aforesaid, the City Collector of the City of Bal- 
 timore, shall, before the first day of February in each and 
 every year, lodge with the Clerk of the Superior Court of Bal- 
 timore City, for the use of said Judges, a certified list of so 
 manv of the taxable male inhabitants, resident in the said City, 
 as he mav have been directed to furnish bv the order of said 
 
232 
 
 Judges, or a majority of them, setting out their names and 
 places of residence, so far as the same may be ascertained ; and 
 the said Collector shall receive for such service a compensation 
 to be fixed by said, Judges, and he shall be paid as jurors are 
 paid. 
 
 6O4. Xhe said list of persons, qualified under the laws of 
 this State to be grand and petit jurors in the City of Baltimore, 
 having been prepared as aforesaid, it shall be the duty of the 
 said Judges of the Supreme Bench of Baltimore City, or a 
 majority of them, to meet in each and every year in some one 
 of the courtrooms of the City of Baltimore, on one or more 
 days to be appointed by them, before the beginning of each reg- 
 ular term of the Criminal Court of Baltimore, which said meet- 
 ing, or the last of which said appointed meetings shall be at 
 least ten days before the beginning of each of said terms, and to- 
 select from said list the names of twenty-three persons, who 
 shall constitute and be the grand jurors for the City of Balti- 
 more for the ensuing term of said Criminal Court of Baltimore;, 
 the list of grand jurors so selected shall be attested by the sig- 
 natures of the Judges selecting the same, and be given forth- 
 with to the Sheriff of Baltimore City, who shall immediately 
 summon the persons so selected, to serve as grand jurors for 
 the City of Baltimore at the ensuing term of the Criminal Court 
 of Baltimore. If any of the grand jurors so selected and sum- 
 moned shall be shown to be disqualified, or be from any suffi- 
 cient cause excused from serving, it shall be the duty of the 
 said Judges of the Supreme Bench of Baltimore City, or of a 
 majority of them, to re-assemble as soon as they are notified 
 thereof by the Judge of the Criminal Court of Baltimore, and 
 to assemble again, from time to time, if the same be necessary, 
 to correct and complete, in the manner hereinbefore provided' 
 for, the said Grand Jury for the City of Baltimore, by the selec- 
 tion of proper persons as aforesaid from the list of qualified 
 jurors made as aforesaid, omitting in said selection the names 
 of persons on said lists who may have been drawn to serve as 
 petit jurors in other Courts of said City at said term. The 
 Judges shall, after so correcting and completing the list of 
 grand jurors for the City of Baltimore, so before made out by 
 them, attest the said list of grand jurors as so corrected, by 
 
233 
 
 their certificate and signatures thereto. The Judge of the 
 Criminal Court of Baltimore shall, at the beginning of each 
 term of the said Court, designate the foreman of the Grand 
 Jury for the City of Baltimore for the said ensuing term, from 
 among the number of grand jurors selected as aforesaid for said 
 City; and in case of the disqualification, sickness, absence or 
 death of said foreman, or of any foreman of said Grand Jury, 
 may designate another from among the number of said Grand 
 Jury, who shall act as such foreman. 
 
 6O4A. Upon the organization of each Grand Jury, as pro- 
 vided for in the preceding Section, and upon their request 
 therefor signified to the Judge or Judges for the time being 
 specially assigned to and sitting in the Criminal Court of the 
 said City, the said Judge or Judges may, and they are hereby 
 authorized and empowered to, appoint a clerk, who shall be a 
 competent stenographer, at a compensation not exceeding the 
 rate of fifteen hundred dollars per annum, to be paid by the 
 Mayor and City Council of Baltimore, which said clerk shall 
 have authority to take and transcribe the testimony given 
 before any Grand Jury in said City of Baltimore, and whenever 
 required by the State's Attorney shall attend upon and take 
 and transcribe the testimony given at Coroner's inquests, and 
 all of the said testimony so taken and transcribed shall be for 
 the exclusive use and benefit of the Grand Jury and the State's 
 Attorney of said City, unless otherwise ordered by the Court. 
 
 6O4B. Any clerk appointed under the provisions of the pre- 
 ceding Section shall before he enters upon the duties of his 
 office take and subscribe before the Clerk of the Criminal Court 
 of Baltimore City an oath that he will keep secret all matters 
 and things occurring before such Grand Juries. 
 
 6O4C. it shall be lawful for any stenographer, duly appointed 
 and qualified as herein provided, to attend and be present at the 
 sessions of every Grand Jury empaneled in the said City, and it 
 shall be his duty to take in shorthand the testimony introduced 
 before such Grand Juries and to furnish to the Grand Jury and 
 the State's Attorney of said City a full copy of all such testi- 
 mony as such Grand Jury or State's Attorney shall require. 
 
234 
 
 and he shall not permit any other person to take a copy of the 
 same nor of any portion thereof, nor to read the same nor any 
 portion thereof, nor shall he disclose the character or any of the 
 contents of the same to any person or persons other than the 
 Grand Jury or State's Attorney for said City, except upon the 
 written order of the Court duly made after hearing the State's 
 Attorney. All of the said original minutes shall be kept in the 
 custody of said State's Attorney, and neither the same nor a 
 copy of the same shall be taken from the office of said State's 
 Attorney excepting for the use of a Grand Jury for said City 
 or for production in Court, without an order of Court first had 
 and obtained, as above provided. 
 
 6O4D. Any stenographer appointed as aforesaid who shall 
 violate any of the provisions of the three preceding Sections with 
 regard to secrecy shall be deemed guilty of a misdemeanor, and 
 on conviction thereof shall be fined not exceeding one thou- 
 sand dollars or imprisoned in jail not exceeding one year, or 
 be both fined and imprisoned, in the discretion of the Court. 
 
 6O5. Xhe said Judges of the Supreme Bench' of Baltimore 
 City, or one or more of them, shall, at one or more of the meet- 
 ings provided for in the last preceding section of this sub-divis- 
 ion of this Article, after the selection of the grand juries for the 
 City of Baltimore, as provided in the last preceding section, 
 cause all the names selected by the Judges as aforesaid, remain- 
 ing upon said list of qualified jurors, to be inscribed upon bal- 
 lots, which shall be of equal size, color and appearance, and 
 shall be closely folded and shall be placed by one of such 
 Judges, with his own hands, on the day of said meeting, and 
 immediately before the drawing herein provided for, in a draw- 
 ing wheel to be provided for that purpose by the Sheriff of 
 Baltimore City, under the direction of said Judges; the said 
 Judge shall then cause the said Sheriff, or such one of his dep- 
 uties as he shall designate, to appear before him ; and it shall be 
 the duty of the said Sheriff or his said deputy, in the presence 
 and in the immediate view of the said Judge or Judges, and of 
 such other persons as may choose to attend, to draw one by 
 one from said wheel the ballots contained therein until four 
 hundred of said ballots have been drawn therefrom; and the 
 
235 
 
 said Judge or Judges shall cause the said wheel to be turned 
 upon its axis before the commencement of said drawing, and 
 after the ballots have been deposited therein, and after the draw- 
 ing of each ballot, and before the drawing of the next, until 
 four hundred of said ballots shall have been drawn; and said 
 Judge or Judges shall forthwith cause the names appearing 
 upon said ballot as drawn, together with the names selected as 
 grand jurors, to be duly recorded in a proper book in the order 
 in which they shall have been chosen, and in which said Judge 
 or Judges shall have seen them drawn as aforesaid, which said 
 Judge or Judges so attending said drawing shall certify at the 
 foot of said list to have been done. 
 
 606. After four hundred of the names in the box shall have 
 been drawn, as provided by section 605, it shall be the duty of 
 said Judge or Judges who shall have attended said drawing to 
 cause the names of the said several panels, and the names of the 
 other persons drawn as aforesaid, to be entered in two books, 
 in addition to the book provided in section 605, in the order in 
 which the said panels and the names aforesaid were drawn ; and 
 the said books shall be certified by the Judge or Judges who 
 shall have attended said drawing, to be true copies of the book 
 prescribed in section 605, and said books shall be denominated 
 jury books for Baltimore City. 
 
 In addition to the four hundred names to be drawn 
 as provided by section 605 of this Article, it shall be the duty 
 of said Judge or Judges who shall attend said drawing to cause 
 to be drawn in the mode pointed out in said section 605, or in 
 such other mode as shall be prescribed by the Supreme Bench 
 of Baltimore City, one hundred additional jurors, or such other 
 number as shall be deemed necessary to be drawn by the Su- 
 preme Bench of Baltimore City, which said jurors so drawn, 
 together with the said four hundred jurors, shall, under such 
 regulations as shall be prescribed by the Supreme Bench of 
 Baltimore City, serve from time to time as jurors in the com- 
 mon law courts of Baltimore City, and for such length of time 
 as said courts shall prescribe, and power is hereby conferred 
 upon said Supreme Bench of Baltimore City to prescribe by 
 rule for the mode, time and place for the drawing of jurors, for 
 
236 
 
 the organization thereof, and for the distribution among the 
 said several common law courts of Baltimore City, of the jurors 
 whose drawing is provided for by the several sections of this 
 sub-division of this Article, and to regulate the length of time 
 for which the jurors drawn as aforesaid shall serve. 
 
 6O8. When the jury books shall have been prepared 
 and certified as directed in the foregoing section, it shall be the 
 duty of the said Judge or Judges by whom the same shall have 
 been so certified, to cause one of the said books to be deposited 
 in the custody of the Clerk of the Superior Court of Baltimore 
 City, and one in the custody of the Sheriff of Baltimore City, 
 and one shall be retained by the said Judges of the Supreme 
 Bench of Baltimore City, or by such one of their number as 
 they shall appoint for the purpose of verifying the lists of per- 
 sons so delivered as aforesaid to- the Clerks or the Sheriff of 
 Baltimore City. And when the said books shall have been de- 
 livered to the said Sheriff, he shall immediately summon the 
 several jurors drawn for the several panels named in the said 
 book, to serve in the court for which they have been respectively 
 drawn, at such time as shall be designated by the court. And 
 in addition to summoning the said jurors for the said several 
 panels, the said Sheriff shall also summon such additional num- 
 ber of persons, whose names are set down in said book, and as 
 nearly as may be in the order in which their names are so set 
 down, as the said Judges of the Supreme Bench, or a majority 
 of them, shall direct, to appear in the room of the Superior Court 
 of Baltimore City at the same time with the panel for said court. 
 And the said additional number of jurors shall constitute a re- 
 serve, from which, without further summons, jurors may be 
 selected to serve in lieu of any persons drawn for the regular 
 panels of said court aforesaid, who may not be found, fail to ap- 
 pear, are legally disabled, or are excused or excluded from at- 
 tending, so that the panels may be completed by selecting from 
 said reserve, in the following order: First, for the Superior 
 Court of Baltimore City; second, the Criminal Court of Balti- 
 more; third, the Baltimore City Court; and fourth, the Court 
 of Common Pleas. And until said panels have been completed, 
 said reserves shall be required, upon the order of the several 
 courts, to proceed from one to the other in the order above 
 
237 
 
 mentioned; and when all said panels have been completed, those 
 persons summoned for such reserve, and not empaneled, shall be 
 discharged, but shall not thereby be excused from service when 
 resummoned; and in empaneling juries for said reserve their 
 names shall be called in the order in which they appear in said 
 book; and the names of said reserves shall first be all called in 
 the Superior Court of Baltimore City, the Judge of which court 
 shall determine upon their qualifications as jurors, and the 
 right or claim of any members of said reserve to be excused or 
 exempted from service. 
 
 609. if the full panels of jurors for the said several courts 
 shall not be obtained from the jurors so drawn for the several 
 panels of the said courts, as herein provided, or from said re- 
 serve, by reason of some of said jurors or reserve being legally 
 disabled or excused from attending, or not being found, or 
 from other causes, the Sheriff, upon being notified by any of 
 said Judges what additional number of jurors is required for 
 the court in which he presides, shall proceed to complete the 
 said panel in which jurors are needed, by summoning in the 
 stead of such jurors such number of persons as said Judge may 
 direct, of the persons whose names are set down in the said 
 jury book next after the regular panels, and after those persons 
 who have been summoned as the reserve hereinbefore provided 
 for; and he shall summon such persons, as near as he can 
 reasonably do so, in the order in which they are set down in 
 said book, and their names shall be called for empaneling in 
 the order in which they appear in said book. 
 
 610. if at any trial of any cause in any of the several courts 
 as aforesaid, tales de circumstantibus, shall be ordered, it shall be 
 the duty of the Sheriff to summon such talesmen, those who are 
 entered in said book and are not upon the regular panels as 
 aforesaid; and such talesmen shall be summoned and called to 
 be sworn or affirmed upon the voir dire, or otherwise, in the 
 order in which their names are set down in said jury book, un- 
 less the Sheriff or his deputy in that behalf shall swear that he 
 has made true and diligent search for such persons as do not 
 appear, and that they cannot be found, or unless being sum- 
 moned such persons have failed to appear, or unless the State's 
 
 UNIVERSITY 
 
238 
 
 Attorney or his deputy, and counsel for the traverser, or the 
 counsel for the parties litigant, with the consent of the court, 
 shall waive said order for summoning and swearing or affirm- 
 ing such talesmen ; but if said affidavit shall have been made by 
 said Sheriff or his deputy, or if such persons shall fail to appear 
 after having been summoned as aforesaid, or the said waiver 
 shall be made with the consent of the court, then such of the 
 talesmen as have been properly summoned and have appeared 
 shall be called to be sworn in the order in which their said 
 names are recorded in the jury book aforesaid; or whenever in 
 either of said courts it shall be necessary to summon talesmen, 
 the Judges of the said courts, respectively, instead of, or in addi- 
 tion to, resorting to the foregoing provisions of this section 
 for the summoning of talesmen, may order the Sheriff to sum- 
 mon as such talesmen, any of the jurymen in attendance upon 
 either of the said courts, except said Criminal Court of Balti- 
 more, who may not then be engaged as a part of any special 
 panel; and if it should happen at any time that in summoning 
 talesmen for any of the said courts, the Sheriff shall exhaust the 
 whole list of the names drawn from the said wheel, as provided 
 in this sub-division of this Article, it shall be his duty imme- 
 diately to make report thereof, verified by his affidavit or affir- 
 mation, to the Supreme Bench of Baltimore City, and there- 
 upon the said Judges, or one of them, shall immediately cause 
 the Sheriff, or his deputy to be designated by him, to appear 
 before such Judge, in some one of the courtrooms in said City, 
 and cause such additional number of names as shall be desig- 
 nated by the Judge of the Court for which such talesmen are 
 needed, to be drawn from the names selected by said Judges 
 as aforesaid, and still remaining upon said list of qualified 
 jurors, and from such further names, if any, as the Judges of 
 the Supreme Bench, or a majority of them, shall select and 
 cause to be added to said list; and the said drawing shall be 
 made, and the names drawn shall be recorded in the manner 
 provided in sections 605 and 606; and the talesmen shall be 
 summoned from such additional number of persons so drawn 
 in the manner hereinbefore directed. 
 
 611. Every petit juror sworn upon any special panel shall 
 continue to serve thereon until discharged by the court, not- 
 
239 
 
 withstanding the expiration of his term of three weeks, afore- 
 said; but no one summoned as a juror shall be excused from 
 service except in open court, on good cause shown to the satis- 
 faction of the court; and if any juror summoned, and not ex- 
 cused, shall fail to attend the said court until duly discharged, 
 he shall be fined, for the use of the said City, not less than 
 twenty nor more than two hundred dollars, to be recovered by 
 attachment, or such other appropriate process as the said court, 
 may direct. 
 
 612. It shall be the duty of said Judges, or a majority of them, 
 to assemble as hereinbefore in this sub-division of this Article 
 provided, on the Thursday preceding the fourth Monday of 
 each term, and thereafter so long as a jury may be required for 
 any of said courts, from three weeks to three weeks during each 
 term of each of the said courts which may require the attend- 
 ance of a jury; at such meetings the said Judges, or a majority 
 of them, shall cause the names of those who have served on 
 any of the regular panels of the aforesaid courts since the mak- 
 ing of the list of qualified jurors as aforesaid to be stricken from 
 said list; and the persons whose names are so stricken from said 
 list shall not be liable to serve again as jurors for two years, 
 accounting from the beginning of the term for which their 
 names were so entered on the list of qualified jurors; the said 
 Judges, or a majority of them, shall then add to said list of quali- 
 fied jurors such qualified persons as shall suffice to make up 
 the number of seven hundred and fifty qualified persons, or 
 thereabouts. From the said whole number the jurors to serve 
 for three weeks from the ensuing Monday shall then be drawn 
 for the said courts, and their names be recorded in the said 
 jury books in the manner hereinbefore provided by this sub-di- 
 vision of this Article, under the superintendence of one or more 
 of said Judges. And if, at the time of any drawing, juries shall 
 not be required for all of said courts, then it shall not be neces- 
 sarv to draw panels for the court not requiring them, but jurors 
 shall be drawn for such courts only as may need them, in the 
 manner hereinbefore provided in this Article relating to jurors, 
 so far as concerns the courts requiring such juries; and besides 
 summoning said panels for the said courts, the Sheriff shall also 
 summon at the same time such number of reserves as he may 
 
240 
 
 be required, by the Judges, or a majority of them, as provided 
 by section 608; and said reserves shall also be liable to service 
 as in said section mentioned. 
 
 613 - If it should happen that the said lists of persons 
 competent to act as jurors, other than the regular panels as 
 aforesaid, should at any time be exhausted as talesmen, it shall 
 also be competent for the Sheriff to summon as talesmen any 
 of the regular panels in any of the other of said courts in Balti- 
 more City who may be at the time of such summons not en- 
 gaged as part of any special panel in any of the said courts ; but 
 it is herein provided that whenever any part of the regular panel 
 of any court shall be by the Sheriff as aforesaid summoned to 
 attend in another, as talesman, jurors of the regular panel 
 of the court in which talesmen are required, or so many of 
 them as shall be needed, shall be by the said Sheriff notified to 
 attend in the courts from which regular jurors have been with- 
 drawn; and the said jurors shall attend accordingly in the said 
 courts until the regular jurors of said court are discharged from 
 the court in which they shall be required to serve as talesmen 
 as aforesaid. 
 
 614. Any person who shall fraudulently mark or designate or 
 open or leave open, or cause or knowingly permit to be marked 
 or designated, or to be opened or left open any ballot for jurors 
 which shall be prepared for the purpose of being drawn 
 under this sub-division of this Article, or who, by any fraudu- 
 lent' contrivance, device or collusion whatever, shall prepare 
 or 'arrange, or cause, or knowingly permit to be prepared or 
 arranged any ballot aforesaid, so that the same or any thereof 
 may be known or recognized in the drawing thereof, or may be 
 drawn in preference to others, or for the purpose of their being 
 so known or recognized, or being so drawn or omitted to be so 
 drawn; and any person who shall in any way fraudulently or 
 collusively deal with the ballots aforesaid, or any of them, or 
 with the drawing thereof, or with the preparation or folding of 
 said ballots, or with the wheel aforesaid, so that the fair opera- 
 tion and lawful and impartial execution of the provisions of this 
 sub-division of this Article in relation to the selection of jurors 
 in the City of Baltimore shall be knowingly prevented or inter- 
 fered with, or with intent to interfere with or prevent the same, 
 
241 
 
 or to permit or allow the same to be interfered with or pre- 
 vented, shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be sentenced to be confined, in the discretion of 
 the court, in the Penitentiary or Maryland House of Correction 
 for a term of not less than one nor more than three years. 
 
 615. All special juries authorized by law to be summoned 
 shall be summoned by the Sheriff of Baltimore City from those 
 whose names may be inscribed in the jury book as then revised. 
 
 616 - If any Sheriff of Baltimore City, or any deputy thereof, 
 shall wilfully violate the provisions of this sub-division of this 
 Article relating to juries, the said Sheriff shall forfeit the sum 
 of one thousand dollars, which shall be recovered by civil action 
 in the name of the State against the Sheriff and the sureties on 
 his bond in that behalf, and one-half of the penalty shall be paid 
 to the informer. 
 
 617 - Any two of the Judges of the Supreme Bench of Bal- 
 timore City may constitute a quorum at any meeting held under 
 the provisions of this sub-division of this Article, and may exer- 
 cise all the powers reposed in the said Judges. 
 
 618 In all criminal cases in which the person indicted has 
 or may have the right of peremptory challenge, the State's At- 
 torney shall have the right to challenge peremptorily any num- 
 "ber of jurors not exceeding five. 
 
 619. The Grand Jury shall at each term of the court visit 
 the jail, and inq'uire into its condition, the manner in which it 
 is kept and the treatment of the prisoners, and report the same 
 to the court. 
 
 620. All the provisions of this sub-division of this Article re- 
 lating to the mode of drawing and summoning jurors shall be 
 construed as directory merely, and no indictment or present- 
 ment for any felony or misdemeanor shall be quashed, nor shall 
 any judgment upon any indictment or presentment, whether 
 after verdict, by confession or otherwise, be stayed or reversed, 
 nor shall any challenge to the array of jurors be allowed because 
 of any failure by the Judges, or the clerks, or the Sheriff, to 
 comply with the provisions of law relating to the drawing of 
 
242 - 
 
 jurors in the City of Baltimore; provided, nevertheless, that if; 
 any officer concerned in the drawing of said jurors shall wil- 
 fully neglect to perform any duty imposed upon him by law, he 
 shall be liable to indictment in the Criminal Court of Baltimore, 
 and upon conviction shall be fined the sum of one thousand, 
 dollars. 
 
 Pay of Jurors. 
 
 62 ! Jurors in any of the courts of the City of Baltimore 
 shall receive one dollar and a-half per day for each and every 
 day they shall attend the several courts of this State in said 
 City as jurors; and it shall be the duty of the clerk of the court 
 to which the jurors shall be summoned, to furnish on the day 
 their services shall terminate, to each juror, a certificate, show- 
 ing the days he has been in attendance on the court, and the 
 amount payable to him for such service; and the City Regis- 
 ter shall pay the jurors the sums payable for such service 
 in cash, and immediately upon the presentation and surrender 
 of such certificate, with the receipt of the juror, and said pay- 
 ment shall not be demanded save upon the surrender of said 
 certificates, and the said certificates shall not be the subject of 
 assignment. 
 
 Volunteer Militia Exempt from Jury Duty. 
 
 622. All certificates of membership of any legally organ- 
 ized volunteer company of the militia shall be signed by the 
 commanding officer thereof, which certificates shall be issued 
 on or before the first day of April in each year to such persons 
 as may then compose the uniformed and active members of 
 said company; every such company may receive and have as 
 many honorary members as it has active and uniformed mem- 
 bers, and no more, on payment, in advance, by each person de- 
 siring to become such honorary member, of not less than ten 
 dollars per annum ; which said money shall be received by the- 
 commanding officer of the company, and be by him applied to 
 the payment of armory rent or the purchase of uniforms for the 
 rank and file of the active members of his company, or to such, 
 purposes as may be authorized by the by-laws of said company ; 
 and the commanding officer of every company shall, on or be- 
 
243 
 
 fore the first day of June and December of every year, render 
 to the Adjutant General an account of the money so received 
 and expended by him, and every such honorary member shall 
 be entitled to receive a certificate of honorary membership of 
 the company, to be signed as aforesaid, and bearing date at the 
 time of its issue; which certificates of membership, whether of 
 uniformed and active members or of honorary members, 
 shall exempt the person therein named from jury duty for the 
 period of one year from the date of his said certificate; pro- 
 vided, he files his said certificate with the clerk of the court be- 
 fore the drawing of the jury. 
 
 JUSTICES OF THE PEACE AND CONSTABLES. 
 
 623. The Governor, by and with the advice and consent of 
 the Senate, shall appoint seven Justices of the Peace from the 
 first legislative district of Baltimore City, one from each of the 
 wards thereof, and three Justices of the Peace at large from said 
 district; seven Justices of the Peace from the second legislative 
 district of Baltimore City, one from each of the wards thereof, 
 also five Justices of the Peace at large from said second legis- 
 lative district ; eight Justices of the Peace from the third legisla- 
 tive district of Baltimore City, one from each of the wards 
 thereof, and five Justices of the Peace at large from said dis- 
 trict; and twelve Justices of the Peace from the City of Balti- 
 more at large, who shall be appointed from such ward or wards 
 as the Governor may elect or determine. 
 
 624. Each of said Justices of the Peace before entering 
 upon the duties of his office shall give to the State of Maryland 
 a good and sufficient bond, with a surety or sureties to be ap- 
 proved by the Judge of the Superior Court of Baltimore City, 
 in the penalty of five thousand dollars, with conditions that he 
 will truly and faithfully discharge, execute and perform all and 
 singular trie duties and obligations of the office of Justice of 
 the Peace, and that he will account for and pay over to the 
 Clerk of the Court of Common Pleas and to the Register of the 
 City of Baltimore, respectively, all fines, penalties and forfeit- 
 ures, or the portion thereof which he is bound to account for 
 and pay over to said respective officers, and that he will faith- 
 
244 
 
 fully and truly account for and pay over to the person or corpo- 
 ration entitled to receive the same, all money belonging to such 
 person or corporation which may come into his hands as such 
 Justice of the Peace. 
 
 625. The Justices of the Peace for said City shall keep their 
 places of official business open each and every day (Sunday ex- 
 cepted), from the hour of eight o'clock in the forenoon until one 
 o'clock in the afternoon, and from three o'clock in the after- 
 noon until six o'clock in the afternoon. 
 
 626. No Justice of the Peace, in any case of debt or dam- 
 ages whatever, shall issue a summons, except on application for 
 the same by the plaintiff or his attorney in person, or in writing 
 accompanied with the cause of action in said case ; nor an exe- 
 cution, except upon the order, in person or in writing, of the 
 plaintiff or his attorney; and if any Justice of the Peace for said 
 City shall issue a summons or execution contrary hereto, or if 
 any constable shall serve the same knowingly, such justice or 
 constable shall be liable to indictment in the Criminal Court of 
 Baltimore, and on conviction shall be disqualified from holding 
 his office. 
 
 627. Every writ of replevin or summons issued by said 
 Justice shall be made returnable before the same or any Justice 
 of the Peace of the ward in which the defendant may reside, and 
 the defendant shall have his election to have his case tried be- 
 fore the Justice who issued the writ of replevin or summons, or 
 before the Justice of the ward in which he resides. 
 
 628. The Justices of said City when called out of their 
 offices on business not judicial, may receive such compensation 
 for their services, in addition to their fees of office, as the party 
 requiring their services may allow them. 
 
 629. Each of the Justices of the Peace appointed for any 
 legislative district shall keep his office within the limits of the 
 legislative district for which he may have been appointed, ex- 
 cept as provided in the succeeding section. 
 
245 
 
 630. It shall be the duty of the Governor, after the appoint- 
 ments of the Justices of the Peace, provided for in section 623, 
 to select from the Justices of the Peace so appointed, a Justice 
 of the Peace to sit at each station house in the City of Balti- 
 more, and in addition, one Justice of the Peace to act at such 
 times and places as is hereinafter provided for; each Justice so 
 selected, shall keep his office at the station house for which he 
 was appointed, and shall attend at such station house from nine 
 o'clock A. M. until twelve o'clock M., in every day in the week, 
 except Sunday, and from two o'clock P. M. until four o'clock P. 
 M., in every day, except Sunday; and on every Sunday in each 
 year, shall attend at the station house for which he was ap- 
 pointed, from nine o'clock A. M. until eleven o'clock A. M. ; and 
 at each of said respective sittings, hereinbefore provided for, 
 shall perform all the duties wRich he is required by law to per- 
 form ; the attendance at any station house of the additional Jus- 
 tice of the Peace shall be regulated and controlled by the Board 
 of Police Commissioners for the City of Baltimore or by the 
 State's Attorney for Baltimore City; the said respective Jus- 
 tices of the Peace, as selected, to sit at any station house in the 
 City of Baltimore, shall transact no other business at such sta- 
 tion house, except the business required of them by the seven 
 preceding sections to be by them, respectively, performed at 
 each station house. 
 
 631. Where there is an arrest by an officer of the Police 
 Department in the City of Baltimore of any person for violation 
 of an ordinance of the Mayor and City Council of Baltimore or 
 a statute of the General Assembly of the State of Maryland, 
 punishable by fine and not by imprisonment, during the hours 
 when the Police Magistrates are not at their respective station 
 houses, the police captain, lieutenant or other officer on duty 
 and in charge of such station is hereby authorized and em- 
 powered to release for the next hearing before the Police 
 Magistrate any person so arrested upon a deposit of an amount 
 equal to the fine or costs or penalty imposed if found guilty, as 
 surety for such appearance, and after the hearing the deposit 
 is to be returned to the depositor if the complaint is dismissed, 
 if otherwise it is to be appropriated as designated by law. 
 
240 
 
 632 - It shall be the duty of each Justice of the Peace so 
 selected to sit at any station house in the City of Baltimore to 
 hear all charges made against any person because of the alleged 
 commission by such person of any criminal offence; it shall be 
 the duty of said Justices to examine carefully into every such 
 charge, to the end that while justice shall be done, no person 
 shall be subjected to costs or imprisonment without sufficient 
 cause ; each of the said Justices of the Peace shall have power 
 to hear, try and determine the case of every person who may 
 be arrested and brought before him in the said City of Balti- 
 more, charged with being a tramp, who is or may be punish- 
 able as such under sections 275 and 276 of Article 27 of the 
 Code of Public General Laws, title "Crimes and Punishments ;" 
 and to hear, try and determine the cases of all persons ar- 
 rested and brought before him charged with any offence 
 specified in sections 67 and 68 of the same Article, or in sec- 
 tions 88 1 to 884 of this Article, relating to "Vagrant Chil- 
 dren ;" and to hear, try and determine the cases of all persons 
 brought before him charged with assault or with assault and 
 battery; and to hear, try and determine all charges of carrying 
 concealed weapons, and all prosecutions or criminal proceed- 
 ings for an act done or omitted to be done in the City of Balti- 
 more, the doing of which act or the omission to do which act, 
 which is or may be punishable under any Act of Assembly of 
 this State or under any ordinance of the Mayor and City Coun- 
 cil of Baltimore, by pecuniary fine only not exceeding one hun- 
 dred dollars ; but it shall be the duty of the said Justice, before 
 proceeding to hear, try and determine any of the charges afore- 
 said, to inform the party or parties charged therewith of his or 
 their respective right to a jury trial; and if a jury trial be so 
 prayed, or if the State's Attorney for said City shall before trial 
 for the alleged offence pray a jury trial on the part of the State, 
 the Justice shall forthwith commit or hold the party to bail for 
 trial in the Criminal Court of Baltimore and endorse on the 
 commitment or recognizance the fact of a jury trial having been 
 prayed; it is, however, hereby expressly provided that the said 
 Justices shall not have power to try and determine any violation 
 of the Code of Public General Laws of this State relating to 
 licenses, except violations of the laws relating to hawkers and 
 peddlers, which they shall have jurisdiction to try and de- 
 
247 
 
 -.termine, and shall not have power to try and determine 
 any violations of the laws relating to Sabbath-breaking, but 
 shall cause all such offenders against the said provisions of said 
 Code of Public General Laws, except as aforesaid, to be com- 
 ,mitted or held to bail for trial in the Criminal Court of Balti- 
 ;more. 
 
 633. i n all criminal prosecutions or proceedings which, 
 under the provisions of the preceding section, may be heard, 
 
 tried and determined before a Justice of the Peace sitting at a 
 station house in the City of Baltimore, it shall be the duty of 
 such Justice of the Peace before whom such case is tried, in 
 the event of the conviction of the accused at the said trial, to 
 impose upon the said accused so convicted, the fine, or the fine 
 and punishment prescribed in case of such conviction by the 
 Act of Assembly of this State, or by the ordinance of the Mayor 
 and City Council of Baltimore, for the violation of which the 
 accused was so tried. Any person sentenced to the payment 
 
 of any fine, and to the payment of the costs of his prosecution, 
 who shall not forthwith pay the said fine and the costs of said 
 
 -prosecution, shall be committed by such Justice of the Peace to 
 'the jail of Baltimore City until such fine and costs are paid, or 
 until the said person shall be discharged from such jail by due 
 course of law. 
 
 634. When a person charged with any offence referred to 
 v in this sub-division of this Article, or the State's Attorney, shall 
 pray a jury trial, the Justice of the Peace shall, in addition to 
 his duties prescribed in section 632, endorse upon said com- 
 mitment or recognizance the names and residences of the wit- 
 nesses for the prosecution; and such commitment or recogni- 
 zance so endorsed shall be returned forthwith to the Clerk of 
 
 'the said Criminal Court of Baltimore. 
 
 635. The Justice of the Peace, so selected to sit at any sta- 
 tion house, may be changed from time to time by the Governor, 
 -at his discretion, and any other Justice of the Peace may be 
 
 selected by the Governor to perform the said duties at said 
 -station house. 
 
248 
 
 636. Each Justice of the Peace selected to sit at a station 
 house in the City of Baltimore shall receive the sum of one 
 hundred and seventy-five dollars per month, or a proportion- 
 able part thereof, so long as he shall continue to act at a station 
 house in said City, under the selection of the Governor; which 
 sum of money shall be paid to him by the City Regis- 
 ter at the end of each month of his said service, or a pro- 
 portionable part thereof, at the end of any portion of a month 
 at which the service of such Justice of the Peace at said 
 station house may terminate, upon the certificate of the Board 
 of Police Commissioners of Baltimore City, that such service 
 has been rendered under the appointment of the Governor as 
 aforesaid; and no Justice of the Peace selected for a station 
 house shall be permitted to charge any fee, or receive any 
 gratuity for granting any release, or for the performance of any 
 duty required by law. 
 
 If any Justice of the Peace who has been selected as 
 aforesaid to sit at any station house in the City of Baltimore is 
 unable, by reason of sickness or other unavoidable cause, to 
 attend to his duty at said station house, or fails to attend at said 
 station house, at any time, when his presence is there required, 
 it shall be the duty of the Board of Police Commissioners of 
 Baltimore City to require another Justice of the Peace to per- 
 form the duties at said station house, of the said Justice of the 
 Peace so sick or absent ; and it shall be the duty of the Justice 
 of the Peace so required to perform said duties at said station 
 house, to perform the same so long as may be necessary, or 
 until the Governor shall select another Justice to perform said 
 duties; the Justice of the Peace so required to perform said 
 duties at said station house, by the said Board of Police Com- 
 missioners, in place of the Justice selected by the Governor, 
 shall receive six dollars per day for every day he shall actually 
 serve at such station house; which pay shall be deducted from 
 the pay provided to be paid to the Justice selected to sit at such 
 station house and failing to attend; provided, that said pay of 
 the said Justice who may sit in the absence of the Justice so 
 selected to sit at any station house, shall not be deducted from 
 the pay of the said last-named Justice, if the said Board of 
 
249 
 
 Police Commissioners shall certify that such absence was by 
 reason of his necessary attendance upon any court or Justice of 
 the Peace of said State, under its process, nor when such ab- 
 sence shall not exceed fifteen days in the course of any one 
 year, and when the said Board of Police Commissioners shall 
 certify that such last-named absence, not exceeding fifteen 
 days, as aforesaid, was occasioned by sickness or other un- 
 avoidable cause. 
 
 638. f h e S aid station-house Justices are granted a leave of 
 absence, with pay, for fifteen days during each and every year; 
 and the Board of Police Commissioners are authorized to desig- 
 nate one of the civil magistrates to act in their place during said 
 absence, who shall be paid the same as the station-house Jus- 
 tices receive. 
 
 639. x o Justice of the Peace appointed under the provis- 
 ions of section 623 shall be paid by the City of Baltimore any 
 fee for issuing any State writ, or for any search warrant, or for 
 taking the recognizance of any witness, or for taking any rec- 
 ognizance in any case reported to court, or for any commitment 
 or release, or for issuing any subpoena in any criminal case, or 
 in any case instituted to recover any fine, penalty or forfeiture 
 claimed by the State of Maryland, or by the Mayor and City 
 Council of Baltimore; and no police officer or constable shall 
 be paid by the Mayor and City Council of Baltimore any fee 
 for the service of any subpoena or process in any criminal case,, 
 before any Justice of the Peace, or for service of any subpoena 
 or process in any case pending before any Justice of the Peace, 
 for the recovery of any fine, forfeiture or penalty by the State 
 of Maryland or by the Mayor and City Council of Baltimore. 
 
 64 - It shall be the duty of the officers of police, policemen 
 and detectives appointed by the Board of Police Commission- 
 ers of Baltimore City, to serve and execute any and all writs, 
 warrants, subpoenas and commitments, which may be issued 
 by any Justice of the Peace selected to sit at the station houses 
 in the City of Baltimore as hereinbefore provided. 
 
250 
 
 641. Whenever any Justice of the Peace appointed under the 
 provisions of this sub-division of this Article other than one of 
 the Justices selected as aforesaid to sit at a station house as 
 aforesaid, shall issue a State writ for the arrest of any person, 
 or shall issue any writ or summons against any person or cor- 
 poration to recover any fine, penalty, or forfeiture, under any 
 law of this State, or under any ordinance of the Mayor and 
 City Council of Baltimore, such writ or summons shall be made 
 returnable before one of the Justices of the Peace selected by 
 the Governor to sit at a station house in the City of Baltimore, 
 -and shall not be made returnable before the Justice of the Peace 
 issuing the same, unless he be one of the Justices of the Peace 
 selected to sit at a station house as aforesaid. 
 
 642. Whenever any person shall be arrested upon any 
 criminal charge, or for the violation of any law of this State, 
 or of any ordinance of the Mayor and City Council of Balti- 
 more, it shall be the duty of the police officer or constable mak- 
 ing such arrest, or in whose custody the said person so arrested 
 may be, to take the person so arrested before the Justice of the 
 Peace sitting at a station house who may have issued the writ 
 or warrant for such arrest, or before whom such writ or war- 
 rant of arrest is made returnable ; but if such arrest is made with- 
 out writ or warrant, or if such writ or warrant is made return- 
 able before another Justice than a Justice of the Peace sitting 
 at a station house, it shall be the duty of the said police officer 
 or constable to take the person so arrested to the nearest station 
 house; and the Justice of the Peace sitting at said station house 
 shall take jurisdiction in said case. 
 
 643. Every Justice of the Peace appointed under the provis- 
 ions of this sub-division of this Article, shall file with the Clerk 
 of the Court of Common Pleas, on the first day of April, July, 
 October and January, in each and every year, an account veri- 
 fied by his oath or affirmation, of all fines, forfeitures and pen- 
 alties imposed by him under the laws of this State, during the 
 three preceding months; which said account shall show the 
 
251 
 
 names of the respective defendants, the Acts of Assembly under 
 which said fines, forfeitures and penalties were respectively im- 
 posed, and the amounts paid in each case by the said respective 
 defendants; and the said Justice of the Peace, at the time of 
 filing said account, shall pay over to the said clerk the amount 
 of said fines, penalties and forfeitures so received, or the por- 
 tion thereof to which the State of Maryland is entitled, to be 
 accounted for by said clerk as other moneys of the State are 
 accounted for by him. 
 
 644. Every Justice of the Peace appointed under the provis- 
 ions of this sub-division of this Article shall file with the 
 City Register, on the first day of April, July, October and 
 January in each and every year, an account verified by his 
 oath or affirmation, of all fines, forfeitures and penalties im- 
 posed by him under the ordinances of the Mayor and City 
 Council of Baltimore during the three preceding months; 
 which said accounts shall show the names of the respective de- 
 fendants, the ordinances under which said fines, penalties or 
 forfeitures were, respectively, imposed, and the amounts paid 
 in each case by said respective defendants ; and the said Justice 
 of the Peace at the time of filing said account shall pay over to 
 the said Register the amount of said fines, penalties and for- 
 feitures so received, or the portion thereof to which the Mayor 
 and City Council of Baltimore is entitled to be accounted for by 
 said Register as other moneys of the said City are accounted 
 for by him. 
 
 645 - If any Justice of the Peace shall not have imposed or 
 received any such fines, forfeitures or penalties, or any portion 
 thereof, as are mentioned and described in the said two pre- 
 ceding sections, in the said three months preceding the time 
 hereinbefore prescribed for filing said accounts, he shall file an 
 affidavit or affirmation to that effect at the time prescribed for 
 filing said accounts. 
 
252 
 
 All costs paid to any Justice of the Peace sitting at 
 any station house shall be accounted for and paid by said Jus- 
 tice to the Board of Police Commissioners of Baltimore City, 
 to be by them applied as directed by section 750 of this sub- 
 division of this Article. 
 
 647. It shall not be lawful for the Justices of the Peace of 
 the City of Baltimore to take supersedeas of any judgment re- 
 covered in the Court of Common Pleas, the Superior Court of 
 Baltimore City, or Baltimore City Court, or any decree of the 
 Circuit Court or Circuit Court Number Two of Baltimore City, 
 but such supersedeas shall be taken by the clerks of said courts,, 
 respectively. 
 
 648 ' If a Justice of the Peace in Baltimore City dies, re- 
 signs or is removed, his docket and papers shall be delivered to 
 the Clerk of the City Court within thirty days thereafter. 
 
 649. If any Justice of the Peace or constable appointed 
 under the provisions of this sub-division of this Article be con- 
 victed in a court of law, of any misdemeanor in office, his 
 removal from said office shall be part of the sentence or judg- 
 ment pronounced upon him by the said court. No constable 
 shall deputize any person to act in the service of any writ what- 
 ever for or in his behalf. 
 
 LANDLORD AND TENANT. 
 
 650. I n all cases of any demise or agreement for rental, ex- 
 press or implied, verbal or written, hereafter to be made of lands 
 or tenements, whether real estate or chattels real, within the 
 limits of the City of Baltimore, for less term than three calendar 
 months, the remedy of distress for rent due be and the same 
 is hereby taken away and altogether superseded. 
 
 651. Whenever the tenant under any such demise or agree- 
 ment of rental, express or implied, verbal or written, of lands 
 
253 
 
 or tenements, whether real estate or chattels real within the 
 limits of the City of Baltimore, shall fail to pay the rent there- 
 under when due and payable, it shall be lawful for the lessor to 
 have again and re-possess the premises so rented. 
 
 652. Whenever any lessor shall desire to have again and re- 
 possess any premises to which he is entitled under the provis- 
 ions of the preceding section, he, or his duly qualified agent or 
 attorney, shall make his written complaint under oath or affir- 
 mation, before any Justice of the Peace of the City of Balti- 
 more, and describing therein in general terms the property 
 sought to be had again and re-possessed as aforesaid, and also 
 setting forth the name of the tenant to whom the same is rented, 
 or his assignee or under tenant or tenants, with the amount of 
 rent thereon due and unpaid; and praying by warrant to have 
 again and re-possess the premises, together with judgment for 
 the amount of rent due and costs ; and it shall thereupon be the 
 duty of said Justice of the Peace forthwith to issue his sum- 
 mons, directed to any constable of the City of Baltimore, and 
 ordering him to notify said tenant, assignee or under tenant 
 forthwith to appear before the said Justice of the Peace, at the 
 trial to be held on the second day after the filing said complaint, 
 to show cause why the prayer of said lessor should not be 
 granted as aforesaid, and the said constable shall forthwith pro- 
 ceed to serve said summons upon said tenant, assignee or under 
 tenant in said premises, or upon his or their known or author- 
 ized agent, but if for any reason, neither said tenant, assignee 
 or under tenant, nor his or their agent can be found, then said 
 constable shall affix an attested copy of said summons conspic- 
 uously upon said premises, and such affixing of said summons 
 shall, for the purposes of this sub-division of this Article, be 
 deemed and construed a sufficient service upon all persons 
 whomsoever. 
 
 653. if a t the trial on the second day aforesaid, the Justice 
 of the Peace shall be satisfied the interest of justice will be better 
 served by an adjournment to enable either party to procure his 
 
254 
 
 necessary witnesses, he may adjourn the trial for a period not 
 exceeding one day, except by consent of all parties, and if at 
 said trial or due adjournment thereof as aforesaid, it shall ap- 
 pear to the satisfaction of the Justice of the Peace before whom 
 said complaint has been made and tried as aforesaid, that the 
 rent or any part of the rent for said premises is actually due and 
 unpaid, then the said Justice of the Peace shall give judgment 
 in favor of said lessor for the amount of rent found due, with 
 costs of suit, and shall order that said tenant and all persons 
 claiming or holding by or under said tenant shall yield and 
 render up possession of said premises unto said lessor, or unto 
 his duly qualified agent or attorney within two days thereafter; 
 provided, however, that if the said tenant, or some one for him, 
 shall at said trial or due adjournment thereof as aforesaid, ten- 
 der the rent found to be due and unpaid, together with the costs 
 of said suit, the said complaint shall be entered satisfied and no 
 further proceedings shall be had thereunder. 
 
 654. i n case judgment shall be given in favor of said lessor 
 in the manner aforesaid, and the tenant shall fail to comply with 
 the requirements of the said order within two days aforesaid, 
 the said Justice of the Peace shall, on or at any time after the 
 expiration of said two days, issue his warrant, directed to any 
 constable of the City of Baltimore, that the lessor may elect, 
 ordering him to cause said lessor to have again and re-possess 
 said premises by putting him (or his duly qualified agent or 
 attorney for his benefit) in possession thereof, and for that pur- 
 pose to remove from said premises, by force if necessary, all 
 the furniture, implements, tools, goods, effects or other chattels 
 of every description whatsoever belonging to said tenant, or to 
 any person claiming or holding by or under said tenant. 
 
 655. The tenant may appeal from the judgment of the Jus- 
 tice of the Peace to the Baltimore City Court, at any time within 
 two days from the rendition of such judgment; the tenant in 
 order to stay any execution of the judgment, shall give a bond 
 to the landlord with one or more securities, who are owners of 
 sufficient leasehold or real estate in Baltimore City, with con- 
 
255 
 
 dition to prosecute the appeal with effect, and answer to the 
 landlord, his executors, administrators, in all costs and dam- 
 ages mentioned in the judgment, 'and such other damages as 
 shall be incurred and sustained by reason of said appeal; the 
 aforesaid bond shall not affect in any manner the right of the 
 lessor to proceed against said tenant, assignee or under tenant 
 for any and all rents that may become due and payable to the 
 lessor after the rendition of said judgment. 
 
 656. The fee and charges of the Justice of the Peace and 
 constables under this Article shall be the following and no- 
 other: "First costs," to the Justice of the Peace for preparing the 
 written complaint and taking the affidavit of the plaintiff there- 
 to, twentv-five cents, and for issuing the summons to the tenant 
 and preparing attested copy, twenty-five cents; "second costs," 
 for every judgment rendered where there is no trial, twenty- 
 five cents; for every judgment rendered on trial, fifty cents, and 
 ten -cents additional for every witness sworn or examined; 
 "third costs," for preparing and taking the bond of tenant in 
 case of appeal, twenty-five cents; for the warrant for re-entry (in 
 case it be issued), twenty-five cents; "first costs," to the con- 
 stable for serving the summons, forty cents; "second costs," for 
 executing the warrant for re-entry, one dollar; and any Justice 
 of the Peace or constable who shall charge or receive more than 
 the actual fees prescribed for each specific act performed as the 
 case proceeds, shall be deemed guilty of a misdemeanor, and on 
 conviction thereof shall be subject to and pay a fine or penalty 
 of not less than one hundred dollars or more than three hun- 
 dred dollars for each offence, one-half thereof for the use of the 
 State, and the other half thereof to the person that shall first 
 prefer the charge against such offender. 
 
 LEGISLATIVE DISTRICTS. 
 
 657. The First Legislative District of Baltimore City shall' 
 be and consist of the wards numbered from one to eight, both 
 inclusive, as said wards were laid out and numbered under the 
 provisions of the Act of 1898, chapter 10, approved February 
 
256 
 
 19, 1898 ; the Second Legislative District of Baltimore City 
 ihall be and consist of the wards numbered from nine to six- 
 teen, both inclusive, as said wards were laid out and numbered 
 under the provisions of the Act of 1898, as aforesaid ; and the 
 Third Legislative District of Baltimore City shall be and con- 
 sist of the wards numbered from seventeen to twenty-four, 
 both inclusive, as said wards were laid out and numbered 
 under the provisions of the Act of 1898, as aforesaid. 
 
 LICENSES. 
 
 Billiards. 
 
 658. A license may be granted to any person who may 
 apply for permission to keep a billiard table, for which license 
 there shall be paid the sum of fifty dollars, and for every addi- 
 tional billiard table kept by the same person, he shall pay a 
 license of twenty-five dollars; provided, that all said additional 
 tables shall be kept in the same apartment; and provided, that 
 this section shall not apply to any billiard table kept for pri- 
 vate use. 
 
 659. Any person keeping or exhibiting for use a billiard 
 table, without first obtaining a license therefor, shall for each 
 and every table so kept or exhibited, forfeit and pay the sum 
 of five hundred dollars, one-half to the informer and the other 
 half to the State. 
 
 660. Nothing contained in the two preceding sections shall 
 impair the right of the Mayor and City Council of Baltimore 
 to impose a further tax on billiard tables. 
 
 Horse Dealers. 
 
 661. It shall not be lawful for any person, copartnership, 
 firm, corporation, joint stock company, brokers, commission 
 merchants, agents, factors or other association of persons, to 
 engage in or carry on the business, trade, occupation or calling 
 of bartering, buying, selling, exchanging or dealing in horses. 
 
257 
 
 mares, geldings, jackasses, jennies or mules, either as an indi- 
 vidual, copartnership, firm, corporation, joint stock company, 
 -commission merchant, agent, factor, broker, or other associa- 
 tion for said purpose, without first obtaining from the Clerk of 
 the Court of Common Pleas of Baltimore City a license for 
 carrying on said business, for which every such person, if he de- 
 sires to carry on said business individually, or if a firm or asso- 
 ciation, composed of not more than two persons, or corpora- 
 tion, shall pay the sum of fifty dollars; provided, that all the 
 names and places of business of said persons so applying shall 
 be inserted in said license; and if more than two individuals con- 
 stitute and compose any such firm, copartnership, joint stock 
 company or association, then an additional sum of twenty-five 
 dollars shall be paid for each and every other individual than 
 the said two constituting such firm, copartnership, joint stock 
 company or association, of individuals ; and provided further, 
 that the said business shall not be carried on in any of the 
 -streets, lanes and alleys of the City of Baltimore. 
 
 662. Any person, and the individual members of any co- 
 partnership or firm, the stockholders of any joint stock com- 
 pany or corporation, and any commission merchant, agent, 
 factor, broker, or the individuals of any other association of 
 persons so engaged in or carrying on the business, trade, occu- 
 pation or calling of bartering, buying, selling, exchanging or 
 dealing in horses, mares, geldings, jackasses, jennies or mules, 
 who or which shall violate any of the provisions of the pre- 
 ceding section, shall be liable to indictment therefor, and upon 
 -conviction thereof shall be fined one hundred dollars for each 
 -and every offence, one-half thereof for the use of the State and 
 the other half thereof to the informer; provided, however, that 
 nothing contained in this or the preceding section shall be con- 
 strued to prevent breeders and owners of horses, mares, geld- 
 ings, jackasses, jennies or mules, and owners residing in the 
 counties of this State and doing business elsewhere than in 
 the City of Baltimore, and all owners who do not follow the 
 business, trade, occupation or calling of buying, vending, bar- 
 tering, exchanging or dealing in horses, mares, geldings, jack- 
 asses, jennies or mules, from offering the same for sale, barter 
 
258 
 
 or exchange, or making sale of, bartering or exchanging such* 
 horses, mares, geldings, jackasses, jennies or mules, as they 
 shall bring to the City of Baltimore, without a license; and. 
 nothing contained in this or the preceding section shall be held 
 to apply to regularly licensed auctioneers in the City of Balti- 
 more. 
 
 663. Any person or body corporate, owning or renting 
 from the owner or his agent, any building or enclosure within.; 
 the corporation limits of Baltimore City, and using the same in, 
 buying, selling, trading, exchanging, bartering or dealing in 
 horses, geldings, mares or mules, or using the same in exhibit- 
 ing or exposing for sale, trade, exchange or barter, horses, 
 geldings, mares or mules, shall be deemed to be engaged in the 
 business, trade, occupation and calling of buying, selling, trad- 
 ing, exchanging, bartering and dealing in horses, geldings,, 
 mares and mules, under the two preceding sections, and be held 
 liable for a violation of any of its provisions. 
 
 Liquors and Intoxicating Drinks. 
 
 664. It shall not be lawful for the Clerk of the Court of 
 Common Pleas to issue license to any person to sell spirituous 
 or fermented liquors or lager beer at Mount Vernon factories, 
 or at any place within three-fourths of a mile thereof, or on 
 Madison avenue extended. 
 
 665. it snail not be lawful for the Clerk of the Court of 
 Common Pleas to issue license to any person to sell spirituous- 
 or fermented liquors or lager beer at Woodberry factory, or at 
 any place nearer thereto than three-fourths of a mile in every 
 direction. 
 
 666. it shall not be lawful for the Clerk of the Court of 
 Common Pleas to issue license to any person to sell spirituous 
 or fermented liquors or lager beer in any part of the following 
 district, to wit: In all that part of Baltimore City bounded on: 
 the east by Mount Royal terrace, on the south by North or 
 
259 
 
 Boundary avenue, on the west by Druid Hill avenue extended, 
 and on the north by Druid Hill Park. 
 
 667. Xo person shall offer for sale or keep for sale in the 
 City of Baltimore any intoxicating liquors, except as herein- 
 after provided, but this shall not apply to sales made by a per- 
 son under a provision of law requiring him to sell personal 
 property, nor to sales of liquors by wholesale, nor to sales by 
 the maker, brewer or distiller thereof, nor to sales by bottlers 
 of fermented liquors, not to be drunk on the premises ; save and 
 except as hereinafter specially provided in reference to whole- 
 sale dealers and jobbers, brewers, distillers and bottlers, in sec- 
 tion 688, wherein the rights and duties of said classes of per- 
 sons are set forth and defined. Wherever the term intoxicating 
 liquors is used in this sub-division of this Article, it shall be 
 deemed to include whiskey, brandy, rum, gin, wine, ale, beer 
 and all other fermented and distilled liquors, and every mixture 
 of liquors which shall contain more than two per cent, by 
 weight of alcohol, and every mixture of liquors which shall 
 contain less than two per cent of alcohol if the same shall be 
 intoxicating. Nothing in this sub-division of this Article shall 
 be construed to authorize the sale of any intoxicating liquor or 
 any admixture thereof in any part of said City where such sale 
 is or shall hereafter be prohibited by special law. 
 
 668. The Governor, by and with the advice and consent 
 of the Senate, shall appoint three persons who shall constitute 
 a Board of Liquor License Commissioners for Baltimore City, 
 who shall hold office for two years, and until their successors 
 are appointed and qualified; and their duties shall be such as 
 hereinafter prescribed; provided, however, that the Liquor 
 License Commissioners appointed in April, eighteen hundred 
 and ninety, shall continue in office until the expiration of the 
 term for which they were appointed. 
 
 669 Said Board shall appoint such clerk or clerks and 
 counsel as the proper transaction of the business of the Board 
 shall require; and shall keep a full record of all applications 
 
260 
 
 for license, of all recommendations for and remonstrances 
 against the granting of licenses, and their action thereon ; and 
 the vote of the members of said Board, by yeas and nays, shall 
 be taken on the question of granting or refusing every applica- 
 tion for license, and said records of said Board shall at all suit- 
 able times be open to the inspection of the public; all neces- 
 sary books and stationery shall be furnished by the Mayor and 
 City Council of Baltimore, and all salaries and expenses inci- 
 dent to the business of the Board shall be paid by said Mayor 
 and City Council of Baltimore. 
 
 67O. Xhe said Board shall fix the salaries of all clerks and 
 counsel appointed by them for the performance of the duties 
 imposed by this sub-division of this Article; any members of 
 said Board shall each receive a salary of two thousand dollars 
 annually, to be paid as the salaries of the officers of the City of 
 Baltimore are paid. 
 
 671 - No licenses to sell intoxicating liquors, other than by 
 wholesale traders, distillers, brewers, rectifiers and bottlers of 
 fermented liquors, shall be granted in the City of Baltimore 
 except by said Board, and only to citizens of the United States 
 of temperate habits and good moral character, who have com- 
 plied with the requisites of this sub-division of this Article. 
 
 672. That all licenses to sell spirituous or fermented liquors 
 shall expire on the first day of May next ensuing the date of 
 their issue, and shall be issued for twelve or six months only, 
 and for no other periods of time; all twelve months' licenses 
 shall be granted to begin only from the first day of May in the 
 year of their issue, and all six months' licenses shall be granted 
 to begin only from the first day of November, and from no other 
 time, in the year of their issue; and all applications shall be 
 filed before the first day of May or the first day of November, 
 respectively ; provided, however, that for the twelve months' 
 licenses two hundred and fifty dollars shall be paid, and for the 
 six months' license one hundred and twenty-five dollars shall 
 be paid; and provided further, that nothing in this section shall 
 be construed to affect the transfer of licenses as now provided 
 in this law. 
 
2t51 
 
 673. Every person applying for a license to sell intoxicat- 
 ing liquors in said City shall file with the said Board his, her or 
 their petition for such license, and said Board shall cause noti- 
 fication of said petition to be published three times in two news- 
 papers of general circulation in said City to be designated by 
 said Board, the first publication to be not less than fifteen nor 
 more than thirty days before the time fixed by the Board for 
 action on the said petition. 
 
 Said petition shall contain the name and residence of 
 the applicant, and how long he has resided there. 2d. The par- 
 ticular place for which a license is desired, designating the same 
 by street and number, if practicable, and if not, by such other 
 apt description as definitely locates it. 3d. The name of the 
 owner of the premises upon which the business licensed is to be 
 carried on. 4th. A statement that the applicant is a citizen of 
 the United States, and that it is necessary for the accommoda- 
 tion of the public that the place should be licensed. 5th. That 
 the applicants have not, nor has any of them had a license for 
 the sale of intoxicating liquors in this State revoked, nor has 
 been convicted of any crime within one year preceding the 
 filing of said petition. 6th. That he or she will not knowingly 
 sell, or allow to be sold in the said house or on the said prem- 
 ises any such liquors on Sunday or on election days, or to 
 minors at any time, or allow a minor to drink in said house or 
 on said premises; that he or she will not keep, or permit to be 
 kept, a bawdy house in the said house or on the said premises, 
 or the gathering together in or the visitation to said house or 
 premises of women for lewd or immoral purposes. 7th. This 
 petition must be verified by the affidavit of the petitioner, made 
 before a Justice of the Peace; if any false statement is made in 
 any part of said petition, the petitioner or petitioners shall be 
 deemed guilty of perjury, and upon indictment and conviction 
 thereof, his license shall be revoked and he shall be subject to 
 the penalties provided by law for that crime. 
 
 675. There shall be annexed to this petition a certificate 
 signed by at least ten respectable qualified voters residing or 
 
262 
 
 doing business in the ward in which the petitioner asks to do 
 business, stating the residence or place of business of each per- 
 son, certifying and setting forth that they have been acquainted 
 with the petitioner or petitioners for (specifying the length of 
 such acquaintance), that they have good reason to believe that 
 all the statements contained in the petition are true, and they, 
 therefore, pray that the prayer of said petition be granted, and 
 the license issued as prayed for. 
 
 676. The said Board shall publicly hear petitions from resi- 
 dents of the ward or persons living or doing business in the 
 vicinity of the place for which license is prayed, in addition to 
 that of the petitioner, in favor of, and remonstrance against the 
 granting of said license; and in all cases shall refuse the same, 
 whenever, in the opinion of the said Board such license is not 
 necessary for the accommodation of the public, or the peti- 
 tioner or petitioners is or are not fit persons to whom such 
 license should be granted; and if sufficient cause shall at any 
 time be shown, or proof be made to the said Board, that the 
 party licensed was guilty of any fraud in procuring such license, 
 or has violated any law of the State relating to the sales of in- 
 toxicating liquor, the said Board shall, after giving notice to 
 the person so licensed, revoke said license; and the Criminal 
 Court of the City may in like manner revoke said license if the 
 party should be convicted before it of any such violation. 
 
 677. No license shall be issued to any person or persons 
 until he, she or they shall have paid the license fees provided for 
 in this sub-division of this Article. 
 
 678. If, after the notice and hearing provided for in this 
 sub-division of this Article, the said Board should decide to 
 grant the license prayed for, they shall notify the applicant of 
 such decision in writing, and the applicant shall thereupon pay 
 to the clerk of the Court of Common Pleas the sum of money 
 specified below, to wit: For a hotel or restaurant or other place 
 in which distilled liquors or any admixture of distilled liquors 
 containing more than fifteen per cent, of alcohol, or fermented 
 liquors containing less than fifteen per cent, of alcohol, are 
 sold bv retail, by the drink, or in quantities or packages not 
 
263 
 
 exceeding five gallons of any spirituous or fermented liquor 
 except lager beer, and not exceeding one keg of eight gallons 
 or less of lager beer, to be drunk on the premises or not, as 
 'desired by the purchaser, the sum of two hundred and fifty 
 
 dollars ; and the clerk of the Court of Common Pleas shall 
 thereupon issue to applicants the license authorized to be issued 
 "by said Board; provided, that any bona fide retail grocer who 
 ; shall make application to said Board therefor, may be licensed 
 
 by said Board in their discretion, upon complying with the 
 conditions of this Act, to sell wines, spirituous and fermented 
 
 liquors, as aforesaid, in quantities or packages not less than 
 one pint, but in no case to be drunk on the premises, and shall 
 
 pay for such license the sum of two hundred and fifty dollars 
 .a year, and in no case shall a license to sell intoxicating liquors 
 
 .by the drink be granted to any person who shall obtain a license 
 
 to sell goods, wares or merchandise, other than intoxicating 
 liquors, upon the same premises where such intoxicating liquors 
 
 are licensed to be sold, but licensed saloon-keepers may also 
 ^sell tobacco and non-alcoholic beverages ; provided, further, that 
 
 no retail license shall be issued to any distiller or brewer. 
 
 6 "79. The whole of the money received by the Clerk of the 
 
 "Court of Common Pleas for the licenses aforesaid, shall be paid 
 
 over quarterly by said Clerk of the Court of Common Pleas to 
 
 the State as now provided by law, and when so paid over, the 
 
 Comptroller of the Treasury shall draw his warrant upon the 
 
 "Treasurer in favor of the Mayor and City Council of Baltimore 
 
 for three-fourths thereof, to be applied to the general use of 
 
 ;said City. 
 
 680. Every person receiving a license under this sub-divi- 
 sion of this Article shall frame his license under a glass, and 
 place the same so that it shall at all times be conspicuous and 
 
 easily read, in his chief place of making his sales, and no license 
 issued under this sub-division of this Article shall authorize 
 sales by any person who shall neglect this requirement. 
 
 681. No licensee under the provisions of this sub-division 
 of this Article shall sell or furnish any intoxicating liquors at 
 
264 
 
 any time to a minor, either for his or her own use, or for the 
 use of any other person, or to a drunkard, or to any person, 
 whose parent, guardian, husband, wife or child shall have given 
 to such licensee a notice in writing, 'verified by affidavit, that 
 such person is of intemperate habits, and requesting such, 
 licensee not to sell to him or her, or to a person visibly affected 
 by intoxicating drinks. 
 
 682. No licensee under this sub-division of this Article 
 shall sell or furnish to any person intoxicating liquors on any 
 days upon which elections are now or hereafter may be re- 
 quired by law to be held; nor on the Lord's Day, commonly 
 called Sunday, except that if the licensee is a hotel keeper he 
 may supply such liquors, to be drunk in their rooms or with 
 their meals, to bona fide guests; nor between the hours of twelve 
 o'clock midnight and five o'clock A. M. at any time; nor, except 
 in hotels, shall conduct his business in any place to which an- 
 entrance shall be allowed other than directly from a public 
 traveled way; provided, however, that any licensed dealer may,, 
 with the permission of the Board of Police Commissioners at 
 any bona fide entertainment of any society, club or corporation,, 
 sell intoxicating liquors between such hours as the Board 
 aforesaid may designate in said permit. 
 
 683. Druggists and apothecaries shall not be required to 
 obtain license under the provisions of this sub-division of this- 
 Article, but they shall not sell intoxicating liquors, nor com- 
 pound or mix any composition therepf, except upon the writ- 
 ten prescription of a regular physician; nor more than once on 
 any one prescription of the physician; and every druggist or 
 apothecary shall keep a book for the special purpose and enter- 
 therein the date of every sale of intoxicating liquor made by 
 him, the person to whom sold, the kind, quantity and price 
 thereof, and the purpose for which it was sold, and such book 
 shall be at all times open to the said Board, or of any person 
 designated and authorized by them to make such inspection,, 
 and shall be produced before such Board when required; and-' 
 any failure to comply with the provisions of this section shalK 
 
265 
 
 render such druggist or apothecary so failing liable to the 
 same penalties as if he had sold intoxicating liquors without a 
 license. 
 
 684. Any person who shall hereafter be convicted of sell- 
 ing intoxicating liquors, or any admixture thereof, in the City 
 of Baltimore, without a license under the provisions of this 
 sub-division of this Article, shall be sentenced to pay a fine of 
 not less than five hundred dollars nor more than five thousand 
 dollars, or undergo imprisonment in the jail of said City, or in 
 the House of Correction of not less than three months, nor 
 more than twelve months, or to both fine and imprisonment, at 
 the discretion of the court. 
 
 685. Any person having a license under the provisions of this 
 sub-division of this Article who shall hereafter be convicted of 
 violating any of the provisions of this sub-division of this Arti- 
 cle or of the conditions of his license, shall be subject to a fine of 
 not less than one hundred or more than five hundred dollars ; 
 and for any second offence, whereof he shall be convicted, his 
 license shall be vacated and revoked, and he shall be subjected 
 to a fine of not less than five hundred nor more than one thou- 
 sand dollars, or to imprisonment in the jail or the House of 
 Correction for not less than three months, nor more than 
 twelve months, or to both fine and imprisonment at the discre- 
 tion of the court. The license of any person who permits 
 minors to frequent or loiter about his place, or disreputable or 
 disorderly persons to make it a customary place of visitation or 
 resort, may be at any time, upon proof, revoked by the Crim- 
 inal Court of Baltimore City, or by said Board, the same 
 person shall not again be licensed within two years of the time 
 of such revocation. Nothing in this sub-division of this Article 
 shall be construed to repeal or modify any of the provisions 
 contained in, or the penalties imposed by any law of this State 
 forbidding or restricting the sale of intoxicating liquors on a. 
 day on which elections are held. 
 
 686 - Upon complaint or allegation by any qualified voter 
 
266 
 
 of Baltimore City who shall give security for the cost of prose- 
 cution, that any license has been corruptly or knowingly issued 
 by said Board to any person who has not complied with the pro- 
 visions of this sub-division of this Article, it shall be the duty 
 of the State's Attorney to file in the Criminal Court of Balti- 
 more City an information against said Board and against said 
 licensee, and if it shall be found that such license was improp- 
 erly issued, said license shall be revoked, and the members of 
 :said Board who voted in favor of issuing said license shall in 
 addition to the other penalties for malfeasance in office be 
 removed from said office. 
 
 687. For the purpose of all hearings and inquiries which 
 the Board of Liquor License Commissioners are authorized to 
 have and make, they are hereby authorized to issue summons 
 for witnesses and administer to them oaths or affirmations, and 
 all summons so issued shall be served by the police force of the 
 City of Baltimore. If any witness so summoned shall refuse or 
 neglect to attend, or attending, refuse to testify, the said Board 
 shall report the facts to the Superior Court of Baltimore City, 
 which is hereby authorized and directed to proceed by attach- 
 ment against said witnesses in all respects as if said neglect or 
 refusal had been by witnesses summoned to appear in said court 
 in cases pending before it. 
 
 688. Distillers, brewers and wholesale dealers or jobbers 
 shall be allowed to sell spirituous and fermented liquors in quan- 
 tities or packages not less than one pint each, and in no case to 
 be drunk on the premises ; distillers and brewers shall require no 
 license; wholesale dealers and jobbers shall be entitled to re- 
 ceive a license as such, to sell as above stated and not other- 
 wise, upon applying directly to the Clerk of the Court of Com- 
 mon Pleas, and paying to him the sum of two hundred and 
 fifty dollars a year therefor; but any person, copartnership or 
 corporation (other than brewers, who, as hereinbefore stated, 
 require no license), may be licensed to conduct a bottling busi- 
 ness by selling fermented liquors only, and in quantities or 
 
267 
 
 packages not less than twelve pint bottles, by applying directly 
 to the Clerk of the Court of Common Pleas, and paying him the 
 sum of forty dollars a year therefor; any person required by this 
 section to take out a license, who shall sell or offer for sale any 
 intoxicating liquor without having first procured such license, 
 and any person who shall violate any of the provisions of this 
 section, as to the manner or quantity in which he shall sell 
 or offer for sale such liquors, whether he shall be required to 
 take out a license or not, shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof, shall be fined not less 
 than two hundred and fifty dollars nor more than five hundred 
 dollars, in the discretion of the court; no license under this 
 section shall be issued for a longer period than one year; if 
 issued for a shorter period, the licensee shall pay for every 
 month for which his license is to run, one-twelfth of the annual 
 charge for such license, and all such licenses shall expire on the 
 first day of May succeeding their issue; the whole of the money 
 received by the Clerk of the Court of Common Pleas for the 
 licenses aforesaid, shall be paid over quarterly by said Clerk of 
 the Court of Common Pleas to the State as now provided by 
 law, and when so paid over the Comptroller of the Treasury 
 shall draw his warrant upon the Treasurer in favor of the 
 Mayor and City Council of Baltimore for three-fourths thereof, 
 to be applied to the general use of said City. 
 
 689. NO hotel keeper, or ordinary keeper, shall receive a 
 license to sell intoxicating liquors until he shall have first paid 
 for and received a license to keep a hotel or ordinary, as pro- 
 vided by law. 
 
 690. Any holder of a license to sell intoxicating liquors at 
 retail, by the drink or otherwise, may be permitted by said 
 P>oard in their discretion to sell or assign said license to another 
 person, to be used at the same or another place of business ; or 
 to transfer his said license to another place of business ; pro- 
 vided, that the fitness and propriety of said intended purchaser 
 or assignee, and of said intended new place of business shall 
 be first approved by said Board upon due application therefor, 
 recommendation by qualified voters, advertisement of same in 
 newspapers, etc., as required in case of an original application 
 for such license. Such sale or assignment or transfer when 
 
268 
 
 granted by said Board shall be endorsed upon the license by 
 the clerk of the Court of Common Pleas, who shall be entitled 
 to receive a fee of fifty cents therefor, and the same shall then 
 take effect. And whenever the said Board may be satisfied that 
 any license has been lost or destroyed or that any licensee has 
 transferred or assigned his license to another person, and the 
 said transfer or assignment has been duly approved by the 
 Board, in the manner above provided for, and the original 
 licensee withholds said license from the person or persons to 
 whom he has assigned or transferred the same, and refuses to 
 deliver or surrender said license, the said Board shall have the 
 power to revoke and cancel said original license and to issue 
 a duplicate license in lieu thereof to such transferee upon the 
 payment of the aforesaid fee of fifty cents, without any addi- 
 tional license fee. And if any license shall be in course of trans- 
 fer for the same place of business, the Board shall have the 
 power in its discretion to issue a permit to the owner or trans- 
 feree of such license to conduct business thereunder until a 
 duplicate license can be issued or said transfer duly effected. 
 And the clerk of the Court of Common Pleas shall endorse 
 upon such duplicate license the word " Duplicate," together 
 with the name of the original licensee, as well as that of the 
 transferee to whom such duplicate is granted. And in the 
 settlement of his accounts with the Comptroller and Treasurer 
 of the State of Maryland, the said clerk of the Court of Com- 
 mon Pleas shall be allowed for such duplicate licenses. 
 
 691. Every licensed dealer to whom the Board of Police 
 Commissioners for the City of Baltimore shall issue a permit 
 to sell intoxicating liquors at places of entertainment, as author- 
 ized by section 682 of this Article, shall pay the said Board of 
 Police Commissioners one dollar for said permit, the money so- 
 paid to go into the special fund of said Board. 
 
 Pawnbrokers. 
 
 692. All pawnbrokers in the City of Baltimore shall keep, 
 or cause to be kept, in a suitable book or books to be provided 
 by them for that purpose, an accurate account showing the 
 date of each deposit made with them in the course of their 
 
269 
 
 business, and of each purchase made by them in the course of 
 their business, of any and all personal property, so described as 
 to identify the said personal property so deposited or sold; and 
 showing also the sum of money advanced thereon or paid 
 therefor, the time for which any such deposit was agreed to be 
 kept, and the name of the depositor or seller of such personal 
 property, and his place of business or abode; and such entries 
 shall be made by such pawnbrokers immediately upon the mak- 
 ing of any such transaction; such book, and the personal prop- 
 erties so deposited or purchased, shall be subject at all times 
 to the inspection of such agent or officer as may be designated 
 for that purpose by the Mayor and City Council of Baltimore, 
 and also to the inspection of the Marshal of Police for the City 
 of Baltimore, and of such officer as he may designate for that 
 purpose ; and all pawnbrokers who shall omit, neglect or refuse 
 to provide and keep such book, or to enter therein forthwith 
 as aforesaid an account of all deposits made with and purchases 
 made by them, as aforesaid, with all the particulars thereof, as 
 hereinbefore required, or who shall enter incorrectly in such 
 book any such account of deposits made with them, or pur- 
 chases made by them, as aforesaid, or who shall refuse to ex- 
 hibit any of such books and properties so deposited or pur- 
 chased, if in their possession or under their control, upon 
 demand of any of the officers empowered or authorized as 
 aforesaid to make such inspection, shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall be subject to 
 a fine of not less than twenty dollars, or an imprisonment of not 
 less than thirty days, or to both fine and imprisonment in the 
 discretion of the court. 
 
 693. Before any person or body corporate shall transact 
 the business of pawnbrokers in the City of Baltimore, he or 
 it shall first obtain from the Clerk of the Court of Common 
 Pleas in said City, a State's license authorizing him or it to 
 carry on such business in the said City, for which said license 
 he or it shall pay the sum of five hundred dollars, and in 
 addition to this, he or it shall file with said clerk a bond to 
 the State of Maryland, in the sum of ten thousand dollars, to 
 be approved by said clerk, for the faithful performance of the 
 requirements of this sub-division of this Article; and any pawn- 
 
270 
 
 broker who shall violate this section by failure to file such 
 bond, or to obtain the license as aforesaid, though continuing 
 to transact the business of a pawnbroker, shall be deemed guilty 
 of a misdemeanor, and shall, on conviction thereof, be fined 
 the sum of five hundred dollars, or be imprisoned in the City 
 Jail for the term of six months, or both, in the discretion of the 
 court. 
 
 Merchandise Brokers. 
 
 694 - Any person or partnership applying for the same, and 
 paying the sum of eighteen dollars and seventy-five cents for 
 each individual or representative of such firm or partnership, 
 may obtain a license for carrying on the business of grain 
 broker, coffee broker, cotton broker, sugar broker, or mer- 
 chandise broker. 
 
 Real Estate Brokers. 
 
 695. Any person, copartnership or firm applying for the 
 same, and paying the sum of money herein provided, may ob- 
 tain a license for carrying on the business of real estate broker 
 in the City of Baltimore; provided, that the names of each and 
 every person comprising any copartnership or firm applying 
 for such license shall be inserted in said license ; provided, that 
 the sum of money to be paid therefor as aforesaid shall be 
 twenty-five dollars for the first two names inserted in said 
 license, and twenty-five dollars additional for each and every 
 name above two inserted therein. 
 
 696. Any person, copartnership or firm who shall carry on 
 the business of real estate broker, or shall undertake to act as 
 such real estate broker by public advertisement, sign or other- 
 wise, without such license first obtained, or who shall use or 
 attempt to use the license of another with intent to evade the 
 provisions of sections 695 to 699 of this Article, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall be 
 subject to and pay a fine or penalty of not less than two hun- 
 dred dollars nor more than five hundred dollars for each 
 offence; one-half thereof for the use of the State, and the other 
 
271 
 
 half thereof to the person or corporation that shall first prefer 
 before the Grand Jury the charge against such offender; and 
 any person, copartnership or firm who shall directly or indi- 
 rectly act as real estate broker, or shall undertake the buying 
 or selling of ground rents or other real estate, or of chattels 
 real, or the leasing of real estate or chattels real, or the negotia- 
 tion or sale of mortgage loans on real estate or chattels real,, 
 or the collection of rents for others, with a view to reward or 
 compensation for such undertaking, shall be deemed to be 
 carrying on the business of real estate broker within the mean- 
 ing of said sections, and be subject to the fines or penalties 
 herein prescribed. 
 
 697 - If any person who has obtained such license shall die 
 or shall move from and cease to use and exercise the business- 
 of real estate broker in the City of Baltimore, before the expira- 
 tion of the term in said license specified, the benefit of said 
 license for the unexpired term shall issue to and be continued 
 in his legal representative or assignee, upon application to the 
 proper clerk for that purpose, accompanied by the oath by the 
 party applying, made before a judge of a court of record and 
 endorsed on said license, that the person to whom said license 
 was originally granted is deceased, or has removed from and 
 ceased to use or exercise the said business in the said City. 
 
 698. Upon said application and affidavit the clerk shall, by 
 his endorsement on said license, authorize such legal represent- 
 ative or assignee to use or exercise the business of such real 
 estate broker in said City for the unexpired term in said license 
 named. 
 
 699. ]\" o person, copartnership, association or firm, legal 
 representative or assignee, shall use or occupy at the same time 
 more than one office or place of business for the transaction of 
 his or their business as such real estate broker, in said City,, 
 unless a separate license be procured for each and every such 
 office or place of business, or for each and every branch office 
 where the business of said person, copartnership, association or 
 firm as such real estate broker in said City is carried on or 
 located; and any person who shall violate the provisions of this- 
 
272 
 
 section shall be deemed guilty of a misdemeanor, and on con- 
 viction thereof, shall be subject to the same fine and penalties 
 as are imposed by the provisions of section 696 of this Article; 
 but nothing herein shall be so construed as to prevent any such 
 person, co-partnership, association or firm, legal representative 
 or assignee, from holding at the same time with the license as 
 real estate broker in said City, provided for by section 695 of 
 this Article, a license or licenses for any other kinds of broker- 
 age business permitted by the laws of this State upon paying to 
 the clerk the several sums by law prescribed for such license or 
 licenses. 
 
 TOO. The five preceding sections shall not apply to trans- 
 actions of attorneys at law with their clients; but their provis- 
 ions shall nevertheless apply to all other persons who make a 
 business of brokerage or agency for others in transactions in 
 real estate, mortgage or chattels real, by solicitation, advertise- 
 ment, sign or otherwise, with a view to reward or compensa- 
 tion for such business, whether the same be conducted under 
 the name of agent, property agent, broker, negotiator, finan- 
 cier, dealer or any other name so as to evade the provisions of 
 said sections. 
 
 Duty of Sheriff and Clerk of Court. 
 
 7O1. It shall be the duty of the Sheriff of Baltimore City 
 annually, in the month of April, to make or cause to be made 
 an alphabetical list of the names of all persons or bodies cor- 
 porate or politic in each \vard of the City of Baltimore who 
 shall be exercising, pursuing any business, or be doing any act 
 or thing, or shall be in the use or occupation of any house or 
 place for any purpose for which a license is made necessary by 
 this sub-division of this Article, and to return such list to the 
 Grand Jury of said City at as early a period as practicable after 
 the first day of May then next ensuing; and the said Sheriff 
 shall, within the first week of the month of April, cause a 
 notice to be inserted in the daily papers of the City, cautioning 
 all persons and bodies corporate or politic whom it may con- 
 cern, to obtain a license, or renew the same, on or before the 
 
273 
 
 first day of May then next ensuing; and said Sheriff shall be 
 entitled to receive fifty cents for every license obtained by any 
 person whose name shall be contained in the list so returned by 
 him, to be paid by the party applying for each license; but the 
 failure of said Sheriff to give the notice herein directed shall 
 not excuse any neglect to obtain a license as required by the 
 Public General Laws. 
 
 702. There shall be entered in writing by the Clerk of the 
 Court of Common Pleas upon the face of all licenses obtained 
 by individuals, firms or corporations to conduct business as 
 trades in the City of Baltimore, the name of the street and num- 
 ber of the house or building, or if there be no number, a full 
 designation of the location of said house or building for which 
 a license is applied for; and each license shall only authorize 
 the transaction of business in one house or building, unless the 
 individual, firm or corporation shall occupy more than one ad- 
 joining houses or buildings, and said houses or buildings have 
 open, direct, internal communication with each other; in that 
 case one license will cover transactions in said adjoining houses 
 or buildings so arranged and occupied; provided, always, that 
 any firm, individual or corporation may obtain any number of 
 licenses to conduct business in any number of separate places 
 of business in said City, upon paying for each license a sum 
 graded according to the amount of stock or merchandise gen- 
 erally kept on hand or proposed to be kept on hand at the prin- 
 cipal season of sale in said respective places of business, accord- 
 ing to the Code of Public General Laws, Article 56, sections 
 37 to 49, or such amendments as may hereafter be added 
 thereto. 
 
 MARINERS AND CHARITABLE MARINE SOCIETY OF BALTIMORE. 
 
 703. Whenever a mariner residing in or sailing to or from 
 the port of Baltimore shall depart this life intestate, and leaving 
 no relations within the fifth degree, to be reckoned by counting 
 down from the common ancestor to the more remote, the whole 
 surplus estate of such mariner, after paying debts, funeral ex- 
 penses and cost of administration, shall devolve on and become 
 the property of the Charitable Marine Society of Baltimore. 
 
274 
 
 MARKETS. 
 
 7O4 - If any person shall buy, or cause to be bought, any- 
 kind of vegetables, dead meat, poultry, butter, cheese, tallow,, 
 eggs or fish, in any of the markets of said City, or within ten 
 miles thereof, with an intent to sell the same again in such 
 markets, or City, or within two miles thereof, he shall for the 
 first offence forfeit the article, or the value thereof; for the 
 second offence, he shall forfeit the article and be fined four 
 dollars, and for every other offence forfeit fifteen dollars, to be 
 recovered in a summary way before a justice of the Peace;, 
 provided, that the purchasing of pork, beef and fish, by the 
 barrel or other package, butter in firkins, or other packages 
 not less than fifty pounds, bacon or cheese by the quantity, by 
 any merchant or shop keeper, and selling the same again in his 
 store or shop, shall not be deemed or taken as an offence against 
 this section. 
 
 7O5. Whenever any person shall be found exposing for sale 
 any of the articles enumerated in the preceding section, other- 
 wise than in his store or shop, and there shall be good cause to 
 suspect they have been purchased contrary to the provisions 
 of the preceding section, it shall be lawful for any person to 
 apply to a Justice of the Peace for a warrant to apprehend tlie 
 person so suspected, and the Justice shall have power to inquire 
 into the offence; and if the person suspected be convicted 
 thereof, or if he cannot make it appear to the satisfaction of the 
 Justice that he raised or made the articles offered by him for 
 sale, or is disposing of them on account of the person who raised 
 or made them, or that he bought the same ten miles or up- 
 wards from the City of Baltimore, he shall be deemed to be an 
 offender against the provisions of the preceding section, and 
 the fines and forfeitures shall be recovered in a summary way 
 before the said Justice. 
 
 796. All butter sold by the pound in the said markets shall 
 weigh sixteen ounces avoirdupois weight; and any person 
 bringing butter to the said markets and offering the same for 
 sale, of less weight than sixteen ounces avoirdupois, shall for- 
 feit the same, and it shall be seized and taken by the clerk of 
 the market and sold for the use of the Citv. 
 
275 
 
 7O7 - >To charge, tax or fees shall be set, rated or levied 
 upon any person or the property of any person who shall at- 
 tend any of the markets of said City with any articles or pro- 
 duce from the country, to vend in said markets, of his own 
 growth, produce or manufacture, or as the agent of the grower, 
 producer or manufacturer of the same, unless such person shall 
 occupy some place or stand in some of said market-houses; 
 provided, such person or agent be not a resident of said City. 
 
 708. if an y clerk of the market, or any other person or 
 officer appointed by or under the provisions of this Article, 
 shall demand, receive or collect any tax or other charges from 
 any person attending the markets of said City as provided in 
 the preceding section, who shall be standing in the open streets, 
 and who does not occupy any place or stand in the market, 
 he shall be liable to a fine of twenty dollars for each offence, to 
 be recovered before any Justice of the Peace as small debts, 
 one-half to the informer and the other half to the State. 
 
 709. The City may agree with the owners of any land or 
 other property which it may deem expedient to purchase 
 and hold, for the purpose of extending any market; and if they 
 cannot agree, or if there be an incapacity in the owners to con- 
 tract in relation thereto, or if such owners be unknown or out of 
 the State, any Justice of the Peace for said City, on application 
 of the Mayor and City Council of Baltimore, may issue his war- 
 rant to the Sheriff of said City, commanding him to summon 
 from the said City a jury of twenty freeholders, inhabitants of 
 said City, not related to the owners or persons interested in the 
 real estate or other property, to meet on the premises on some 
 certain day to be named in said warrant, of which said warrant 
 and the day therein named for the meeting of the jury, five 
 days' notice shall be given previous to such day by the Mayor 
 and City Council of Baltimore to every owner or person inter- 
 ested, and left at his place of abode. 
 
 710. if ail y infant or lunatic or feme covert be the owner 
 in whole or in part of the property subject to be condemned, 
 the notice shall be given to his or her guardian, trustee, com- 
 mittee or husband, as directed in the preceding section. 
 
276 
 
 If such owner, guardian, trustee, committee or hus- 
 band, resides out of the State, or is unknown, such notice shall 
 be published not less than eight weeks, successively, in some 
 one or more of the daily newspapers of said City. 
 
 712. The owner of such property, or the guardian, trustee, 
 committee or husband of the owner may, from the list of jurors 
 returned by the Sheriff, strike four, and the Mayor and City 
 Council of Baltimore, four, so that the number of jurors may 
 be reduced to twelve ; and if either party neglect or fail to strike 
 off the names of jurors, the Sheriff or his deputy shall strike 
 for the party so failing or refusing. 
 
 713. The Sheriff or his deputy shall, before the said jury 
 proceed to act, administer to each of the jurors an oath justly 
 and impartially to value the damages which the owners or par- 
 ties holding an interest in the property to be condemned will 
 sustain by the use and occupation thereof by the Mayor and 
 City Council of Baltimore. 
 
 714. The jury so qualified shall inquire into, assess and 
 ascertain the sum of money to be paid by the Mayor and City 
 Council of Baltimore for the land or other property to be con- 
 demned, having regard to all the circumstances of damage or 
 benefit to result to such owner or party interested therein. 
 
 715. The jury shall reduce their inquisition to writing, and 
 shall sign and seal the same, and it shall then be returned by 
 the Sheriff to the Clerk of the Superior Court of said City, and 
 be by such clerk filed in his office, and shall be confirmed by 
 said court at its next session if no sufficient cause to the con- 
 trary be shown, and when confirmed shall be recorded by the 
 said clerk at the expense of the Mayor and City Council of 
 Baltimore. 
 
 716. if sa id inquisition be set aside by the said court, the 
 court shall direct another inquisition to be taken in the manner 
 hereinafter directed. 
 
 717. Every such inquisition shall describe the property 
 taken or the bounds of the land condemned, and the quantity 
 
277 
 
 or duration of the interest in the same valued to the Mayor and 
 City Council of Baltimore; and such valuation, when paid or 
 tendered to the owner of said property or his legal representa- 
 tives, shall entitle the Mayor and City Council of Baltimore 
 to the full, legal and equitable title, interest and estate of the 
 owners of said property, estate and interest in the same thus 
 valued, as fully as it had been held by the owners of the same ; 
 and the valuation, if not received when tendered, may at any 
 time thereafter be received without interest by the said owners, 
 or their legal representatives. 
 
 718 - If the twenty jurors summoned as hereinbefore di- 
 rected shall not appear at the time and place mentioned, the 
 Sheriff or his deputy shall forthwith summon other freeholders 
 of the City, qualified as before directed, to make up the said 
 jury to the number of twelve. 
 
 The jurors summoned and attending shall be allowed 
 one dollar per day for their services; the Sheriff shall be allowed 
 the same fees as for summoning jurors to the Superior Court, 
 and two dollars a day for each day he or his deputy shall attend 
 upon such inquisition; and such expenses shall be paid by the 
 Mayor and City Council of Baltimore, except in cases of objec- 
 tion to the confirmation of the inquisition, when the costs in 
 said court may be awarded in the discretion of the court. 
 
 MORTGAGES. 
 
 72O. i n all cases of conveyances of lands or hereditaments 
 or of chattels real, or goods and chattels personal, situate in the 
 said City, wherein the mortgagor shall declare his assent to the 
 passing of a decree for the sale of the same, it shall be lawful for 
 the mortgagee or his assigns at any time after filing the same to 
 be recorded, to submit to either of the Circuit Courts of Balti- 
 more City the said conveyances or copies thereof, under seal 
 of the Superior Court; and the Circuit Court to which the same 
 is so submitted, may thereupon forthwith decree that the mort- 
 gaged premises shall be sold at any one of the periods limited 
 in said conveyances for the forfeiture of said mortgages or lim- 
 ited for a default of the mortgagors, and on such terms of sale 
 as to the said court may seem proper, and shall appoint by said 
 
278 
 
 decree a trustee or trustees for making such sale, and shall 
 require bond and security for the performance of the trust as is 
 usual in cases of sales of mortgaged premises. 
 
 721. The trustee or trustees so appointed, after having 
 given bond with security, may, after the arrival of the period 
 limited by the decree for a sale, sell, agreeably to the terms of 
 said decree, the mortgaged property or any part thereof; the 
 mortgagees, their executors, administrators or assigns, if the 
 mortgage claim shall have been assigned before such sale, or 
 their duly constituted agent or attorney, after the arrival of the 
 period aforesaid, verifying by their oath a statement of the 
 amount of said mortgage claim remaining due, before the Judge 
 of said court or before any Justice of the Peace of this State, 
 the official character of any Justice of the Peace for any county 
 being certified under his official seal by the Clerk of the Circuit 
 Court for the county where the affidavit is made, where the 
 affidavit is made outside of the City of Baltimore, or before any 
 person outside of this State authorized to take acknowledg- 
 ments of deeds ; and such statement shall be filed in said court. 
 
 Such sales and the conveyances thereupon shall have 
 the same effect, if finally ratified by said court, as if the same 
 had been made under decrees between the proper parties in 
 relation to the mortgages, and in the usual course of said court. 
 
 723. The trustee or trustees shall report the sales to the 
 court for its consideration and ratification or rejection; and 
 such orders shall pass therein touching such ratification as are 
 usual on sales of mortgaged property in said court. 
 
 724. Any allegations may be made, and proof under the 
 orders of the said court exhibited, and a trial of the allegations 
 had as the court shall prescribe, to show that the sales ought 
 not to have been made. 
 
 725. The S aid court, upon being satisfied of the truth of 
 said allegations, shall reject and set aside the sale, and in such 
 
279 
 
 -case no part of the costs or expenses or trustee's commission, if 
 
 .any such commission be claimable, in relation to the said sales, 
 
 shall be chargeable upon said property, or the mortgagors, 
 
 their heirs, executors, administrators or assigns, but shall be 
 
 ^wholly chargeable against the persons at whose instance or for 
 
 whose benefit the said sales shall have been proposed to be 
 
 made. 
 
 726. The clerk of said court shall file and record the said 
 decrees, and docket the cases of the application therefor; and 
 
 in the said decree, and to be recorded therewith, shall file a copy 
 of the mortgage upon which the same was rendered, and shall 
 >be entitled to the usual fees for such services. 
 
 727. Any entry on the docket of said court by the person 
 entitled to assign the said mortgage claim, of the use and ben- 
 
 efit of said decrees, shall have the same effect as assignments 
 and conveyances of the said mortgage interests, to have effect 
 -and precedence from the time of their respective entries; and 
 ihe said entries shall not be made without an order or direction 
 in writing, to be acknowledged before the Judge of said court, 
 or a Justice of the Peace, by the persons purporting to sign the 
 same, and filed and recorded by said clerk. 
 
 728. The duly authorized entries upon the docket of said 
 court, of the satisfaction of said decrees, and the discharge of 
 said mortgage claims, made by the persons entitled to receive 
 said claims, shall have the same effect to discharge the mort- 
 gaged property of said mortgagor, and all liens thereunder, as 
 :any conveyances by the parties interested in such claims, and 
 the holders of the legal estate and interest therein, if competent 
 to convey, could have at law or in equity; but such entries shall 
 not be made without an order or direction in writing, acknowl- 
 edged by the persons purporting to have signed the same, be- 
 fore the Judge of said court, or a Justice of the Peace, and filed 
 "by the clerk of said court; and the entries shall refer to such 
 orders or directions, and the names of the persons aforesaid; 
 
280 
 
 and said order and directions shall be recorded in said court 
 with said decrees. t 
 
 729. The said court may, at its discretion, from time to 
 time, appoint any other trustee or trustees in place of those 
 appointed by the decree; and the proceeds of such sales shalt 
 be accounted for, to, and distributed by, said court, in the man- 
 ner usual in cases of sales under decrees of said court. 
 
 730. Any mortgagee of property in the City of Baltimore, 
 his assignee or executor, where a power to sell is contained in 
 the mortgage, may proceed under Article 66 of the Public 
 General Laws, title "Mortgages," but notices of sale under such 
 power shall be published in two daily newspapers in said City 
 for the period required by law. 
 
 731. Where a default of the mortgagors has taken place 
 before the said conveyances have been submitted to the Circuit 
 Court of Baltimore City, it shall, nevertheless, be the duty of 
 said court, upon the submission of the said conveyances to 
 such court, after the said default, to forthwith decree that the 
 mortgaged premises shall be sold on such. terms of sale as to> 
 the said court shall seem proper, and to appoint by said decree 
 a trustee or trustees to make such sale, requiring bond and 
 security for the performance of the trust, as is usual in the case 
 of the sale of mortgaged premises ; and the said trustee or trus- 
 tees may sell the same agreeably to the terms of the said decree ; 
 but before each sale the mortgagee or mortgagees, or some of 
 the mortgagees, or the executor or administrator of a deceased 
 mortgagee, or the assignee or assignees of the mortgagee, or 
 one of such assignees, or the executor, or administrator of a 
 deceased assignee, shall file in the court in which the said pro- 
 ceedings are pending, a statement of the amount of the said 
 mortgage claim remaining due, verifying the same by the oath 
 or affirmation of the party filing the same ; and the said affida- 
 vit or affirmation may be made before any of the persons men- 
 tioned in section 721 of this Article, and the same shall be 
 authenticated as provided for in section 721. 
 
281 
 
 732. The provisions of sections 722-729, inclusive, of this 
 Article shall apply to all the proceedings under the preceding 
 section. 
 
 NOTARIES PUBLIC. 
 
 733. The Governor, by and with the advice and consent of 
 the Senate, shall appoint and commission a competent number 
 of persons of known good character, integrity and abilities, 
 citizens of the United States, and who have resided in this State 
 two years previous to their appointment as Notaries Public for 
 the State of Maryland, to reside in such place or places within 
 this State as the Governor shall in and by their respective com- 
 missions designate; but there shall not be at any time more than 
 twenty-six Notaries appointed and commissioned to reside 
 within the City of Baltimore, one of whom shall be conversant 
 with the German language. 
 
 734. The Governor, by and with the advice and consent of 
 the Senate, is hereby authorized to appoint four Notaries Pub- 
 lic for the City of Baltimore in addition to those provided for 
 in the preceding section. 
 
 OYSTERS. 
 
 735. All oysters in the shell sold in the City of Baltimore 
 shall be measured by a licensed measurer; any person may ob- 
 tain a license therefor from the Clerk of the Court of Common 
 Pleas by paying therefor the sum of ten dollars and taking an 
 oath before said clerk for the faithful performance of his duty; 
 said license shall hold good for one year; a measurer shall re- 
 ceive for his services one-half cent per bushel, to be paid equally 
 by the buyer and seller; any person violating the provisions of 
 this section shall be deemed guilty of a misdemeanor, and on 
 conviction shall be fined not less than twenty nor more than 
 fifty dollars for each offence, and imprisoned until the fine and 
 costs shall be paid. 
 
282 
 
 PARKS AND SQUARES. 
 
 736. The Board of Park Commissioners, for the purpose 
 specified in section 96 of this Article, is empowered to form 
 a zoological collection within the limits of any of the parks and 
 squares under its control. 
 
 737. The said Commissioners are authorized to receive sub- 
 scriptions of money for the purpose of said collection not to 
 exceed in amount one hundred thousand dollars, and to issue 
 certificates of stock therefor, in sums of not less than one hun- 
 dred dollars, each bearing interest at the rate of six per cent., 
 payable half-yearly out of the income derived from said col- 
 lection, which certificates shall be signed by a member of said 
 Commissioners appointed by them for the purpose, and the sec- 
 retary thereof, and have attached thereto a seal, which the said 
 Commissioners are authorized to adopt for the purpose. 
 
 738. i n addition to the six per cent, interest aforesaid, 
 each holder of a certificate shall be entitled to receive for every 
 one hundred dollars subscribed by him or her, as many free 
 entrance tickets to the zoological collection as the said Com- 
 missioners may deem proper. 
 
 739. The Mayor and City Council of Baltimore are author- 
 ized to issue bonds or certificates of indebtedness of said corpo- 
 ration to an amount not exceeding one hundred thousand dol- 
 lars, to be applied to the purchase of ground for and the estab- 
 lishment of a park in that portion of the City of Baltimore lying 
 west of Poppleton street and south of Franklin street in said 
 City; which said bonds or certificates of indebtedness shall be 
 payable at such times and bear such rate of interest, not ex- 
 ceeding three and one-half per centum per annum, as the said 
 Mayor and City Council shall provide by ordinance ; provided, 
 that the said bonds or certificates of indebtedness shall not be 
 issued unless the ordinance which the Mayor and City Council 
 of Baltimore are authorized to enact for that purpose shall be 
 
283^ 
 
 approved by a majority of the votes of the legal voters of said 
 City, cast at the time and places to be designated by said ordi- 
 nance, in the provision for submitting the same to the legal 
 voters of said City, as required by section 7, Article XI, of the 
 Constitution of Maryland; provided, however, that the said 
 bonds or certificates of indebtedness shall not be sold for less 
 than par; and the said Mayor and City Council of Baltimore 
 are authorized to provide by ordinance for the laying of such 
 an annual tax as shall be sufficient to pay the interest on said 
 bonds or certificates of indebtedness, and provide a sinking 
 fund for their redemption at maturity. 
 
 POLICE COMMISSIONERS. 
 
 Organisation of Force. 
 
 74O. There shall be elected by the joint meeting of the two 
 houses of the General Assembly, by ballot, three sober and 
 discreet persons, who shall have been residents in the City of 
 Baltimore for three consecutive years next preceding the day 
 of their election, who shall be known as the Board of Police 
 Commissioners for the City of Baltimore; said Commissioners 
 shall be subject to removal as provided in this sub-division of 
 this Article; one of said Commissioners shall be elected and ap- 
 pointed for two years, one for four years, and one for six years, 
 who shall hold office until their respective successors are 
 elected, or appointed and qualified; each of said Commissioners 
 shall receive a salary of twenty-five hundred dollars per annum, 
 payable quarterly. As the terms of office shall expire, as desig- 
 nated above, they shall be filled or appointed for six years each. 
 Before entering upon the duties of their office of Commissioner, 
 each member thereof shall enter into bond to the State of 
 Maryland, with one or more sureties, in the penalty of ten 
 thousand dollars, conditioned for the faithful discharge of his 
 duties as such Commissioner; said bond to be approved by the 
 Judge of the Superior Court of the City of Baltimore, to be 
 kept and recorded by the clerk of the said court, in the office 
 
284 
 
 thereof, together with the certificate of appointment as afore- 
 said; and shall also take and subscribe before the said Judge of 
 the Superior Court, or the clerk thereof, the oath or affirmation 
 prescribed by the sixth section of the first Article of the Consti- 
 tution; and the further oath or affirmation, that in everyappoint- 
 ment or removal to be made by them to or from the police force, 
 created and to be organized by them under this sub-division of 
 this Article, they will in no case, and under no pretext, appoint 
 or remove any policeman or officer of police, or detective, or 
 any other person under them, for or on account of the political 
 opinions of such policeman, officer, detective or other person, 
 or for any other cause or reason than the fitness or unfitness of 
 such person, in the best judgment of said Commissioners, for 
 the place to which he shall be appointed, or from which he shall 
 be removed; and the said oath or affirmation shall be recorded 
 and preserved among the records of said court. 
 
 741. The Board of Police Commissioners, on entering 
 upon their duties as such, shall select one of their number who 
 shall be the president, and one of their number who shall be 
 the treasurer thereof; and in case a vacancy shall happen in said 
 Board during the recess of the General Assembly, it shall be 
 filled by the Governor of the State, which appointment shall 
 continue until the next session of the General Assembly, which 
 shall proceed to fill said vacancy; and the General Assembly 
 shall also, in like manner, elect by joint ballot, Commissioners 
 to succeed those whose term of service shall expire such elec- 
 tion to be had at the regular session of the General Assembly 
 immediately preceding such expiration and neither of said 
 Commissioners shall be eligible to an elective or appointed 
 office during the term for which he has been elected, except 
 under the militia laws of the State ; and for any official miscon- 
 duct on the part of said Commissioners, the General Assembly, 
 if in session, shall have power of removal, and during the recess 
 of the same, the Governor shall remove any of said Commis- 
 sioners, on conviction for any felony before any court of law, 
 and shall appoint a successor to such delinquent Commissioner 
 
285 
 
 so removed, to serve until the next meeting of the General 
 Assembly. 
 
 742. The Board of Police Commissioners shall select some 
 suitable person to act as secretary to the Board, whose duty it 
 shall be to keep minutes of the proceedings of the Board, take 
 charge, by direction of the Board, of all property seized or 
 found by the police or detectives, and to perform all clerical and 
 proper duties required of him by said Board; and it shall fur- 
 ther be the duty of said secretary to prepare forms of all poll- 
 books and election returns, warrants of arrest and commitments 
 to be used by the judges of election for all elections held in Bal- 
 timore City, to superintend carefully the printing thereof, and 
 to perform all other clerical duties devolved upon said Board 
 by law in connection with all elections held in said City, as may 
 be required of him by said Board ; said secretary shall enter into 
 bond to the State of Maryland in the same manner as is by law 
 prescribed for said Commissioners, in the sum of five thousand 
 dollars, conditioned for the faithful discharge of his duties afore- 
 said, and the safe keeping of all property placed in his hands as 
 aforesaid, and shall receive the salary of two thousand dollars 
 per annum, payable monthly, and be subject to removal at the 
 pleasure of the Board. 
 
 743. The Board of Police Commissioners are hereby au- 
 thorized to employ an additional officer, to be known as assist- 
 ant to the secretary to the Board; the salary of said assist- 
 ant secretary shall be twelve hundred dollars per annum, pay- 
 able monthly. 
 
 744. The duties of the Board of Police Commissioners 
 hereby created shall be as follows: They shall at all times of 
 the day and night, within the boundaries of the City of Balti- 
 more, as well on the water as on the land, preserve the public 
 peace, prevent crime and arrest offenders, protect the rights of 
 persons and property, guard the public health, preserve order 
 at primary meetings and elections, and at all public meetings 
 and conventions and on all public occasions and places, prevent 
 
286 
 
 and remove nuisances in all the streets and highways, waters 
 and water-courses, and all other places, provide a proper police 
 force at every fire for the protection of firemen and property, 
 protect strangers, emigrants and travelers at all steamboat, 
 ferry-boat and ship landings and railway stations, see that all 
 laws relating to elections, and to the observance of Sunday, and 
 regarding pawnbrokers, gambling, intemperance, lotteries and 
 lottery policies, vagrants, disorderly persons and the public 
 health are enforced, and also to enforce all laws, ordinances of 
 the Mayor and City Council of Baltimore, not inconsistent with 
 the provisions of this sub-division of this Article, or of any law 
 of the State which may be properly enforceable by a police 
 force; and in case the said Board of Police Commissioners shall 
 have reason to believe that any person within the limits of the 
 City of Baltimore intends leaving the City for the purpose of 
 committing any breach of the peace, or of violating any law of 
 the State beyond the limits of the City, upon the Chesapeake 
 bay, or on any river, creek, inlet, water-course, or at any other 
 place on land or watej within the State of Maryland, it shall be 
 the duty of the said Board of Police Commissioners to cause 
 such person to be followed, and to take the most effectual means 
 for the suppression and prevention of such outrage, when any 
 such shall be attempted, and to cause the arrest of all such 
 offenders; provided, however, that if any crime be actually 
 committed by such person, the offender shall be delivered to 
 the proper jurisdiction for trial and punishment; any person 
 charged with the commission of crime in the City of Baltimore 
 and against whom criminal process shall have issued, may be 
 arrested upon the same in any part of the State by the police 
 force created under this sub-division of this Article, under such 
 rules and regulations as the Board of Police Commissioners 
 may adopt; and the said Board shall have power to summon 
 witnesses before it and to administer oaths or affirmations to< 
 such witnesses whenever, in the judgment of the said Board, 
 it may be necessary for the effectual discharge of their duties 
 under this sub-division of this Article; and any person failing 
 to appear in answer to said summons, or refusing to testify, 
 shall be subject to a penalty of not less than twenty-five nor 
 
287 
 
 more than fifty dollars, to be recovered by civil action in the 
 name of the State, to the use of the said Board, or by indict- 
 ment in the Criminal Court of Baltimore; false swearing on 
 the part of any such witness shall be deemed perjury, and shall 
 -be punished as such. 
 
 745. The said Board of Police Commissioners are author- 
 ized and required, immediately on entering on their duties of 
 their office, to appoint, enroll and employ a permanent police 
 force for the City of Baltimore, which they shall arm and equip- 
 as they may judge necessary, under such rules and regulations 
 as they may from time to time prescribe ; and the said Board 
 shall have power to remove any police officer or officers of 
 police, or any detective, for the violation of any rule or regula- 
 tion which they may make and promulgate to said police force, 
 officers of police, or any detective ; said police force shall consist 
 of one Marshal and one Deputy Marshal of Police of the City, 
 and one Captain, two Lieutenants, two Round Sergeants, two 
 Turnkeys and one Clerk at each station-house, which clerk 
 shall receive a salary of eighteen dollars per week, and one 
 Lieutenant of Mounted Police, who shall have charge of the 
 mounted force, with the rank and pay of a Lieutenant of Police, 
 and such number of Sergeants as said Board of Police in their 
 judgment may deem necessary for each police district in said 
 City, and seven 'hundred men, which force may be increased 
 at any time, if, in the opinion of the Board, the public peace 
 shall require, to any number and for such period of time as they 
 may think proper, by the appointment of special policemen, 
 who shall receive the sum of two dollars and fifty cents per day 
 for their services. The pay of an ordinary policeman shall 
 be eighteen dollars per week, payable semi-monthly; and in 
 case the Board shall appoint detective policemen, and they are 
 hereby authorized and empowered to do so, if they shall think 
 fit, to the number of twenty-five, said detectives shall receive 
 the sum of twenty-three dollars per week each, payable semi- 
 monthly, and shall not be allowed to follow any business or pro- 
 fession, but shall devote their time to the discharge of their 
 duties as detectives; the Board shall assign one detective to each 
 police district station-house, said detective to be under the 
 direction of the commanding officer of the district and to operate 
 
288 
 
 from said station-house. The officers of police shall be paid 
 semi-monthly, and their pay shall be as follows : The Marshal 
 shall receive two thousand five hundred dollars per annum, the 
 Deputy Marshal shall receive two thousand dollars per annum, 
 each Captain shall receive thirty dollars per week, each Lieu- 
 tenant twenty-five dollars per week, each Round Sergeant 
 twenty-three dollars per week, each Sergeant twenty dollars per 
 week, and each Turnkey eighteen dollars per week. The pay 
 herein provided for police officers, policemen and detectives 
 shall continue in force until a change shall be made by law. 
 They are authorized and empowered to appoint thirty-five addi- 
 tional officers, who shall be known as probation officers, who 
 shall hold their places without a commission until vacancies shall 
 occur in the regular force, the pay of said officers so appointed 
 as aforesaid shall be twelve dollars per week, to be paid at the 
 same time and in the same manner as the other officers of said 
 police force are paid. Provided, however, that nothing herein 
 contained shall be construed as in any manner changing or alter- 
 ing the method of making appointments to, promotions in or 
 removals from the police force, as prescribed by Chapter 16, of 
 the Acts of the General Assembly of 1900, but said police force 
 shall be regulated and managed in all respects in accordance 
 with said Chapter 16, of said Acts of Assembly of 1900. And 
 provided, farther, that nothing herein contained shall be con- 
 strued to legislate out of office any police officer, detective, or 
 officer of police now on the force, or any employee of the Board 
 of Police Commissioners 
 
 746. They are authorized, empowered and directed to select 
 some suitable person to act as clerk to the Marshal of Police for 
 said City, at a salary of twenty-five dollars per week, payable 
 semi-monthly; and the said clerk, before entering upon the 
 duties of his office, shall enter into bond to the State of Mary- 
 land in the penalty of two thousand dollars, conditioned for the 
 faithful discharge of his duties as such clerk, the said bond to 
 be approved by them. 
 
289 
 
 It shall be their duty to estimate annually what sum 
 of money will be necessary for each current fiscal year to enable 
 them to discharge the duty imposed on them, and they shall 
 forthwith certify the same to the Mayor and City Council of 
 Baltimore, who are required, without delay, specifically to 
 assess and levy such amount as shall be sufficient to raise the 
 same clear of all expenses and discounts upon all the assessable 
 property in the City of Baltimore, and to cause the same to be 
 collected as all other City taxes; and it is made the duty of the 
 City Collector of Baltimore, and he is required to collect 
 said tax, to be denominated the police tax; and the said Board 
 of Police Commissioners, upon and after qualifying as such, 
 are authorized to make requisitions from time to time upon the 
 Comptroller of the City of Baltimore, or other proper dis- 
 bursing officer of the corporation, for such sums of money as 
 they may from time to time deem necessary for the purpose 
 of carrying out the objects and intentions of this sub-division of 
 this Article; provided, the same shall not exceed in any one 
 year the amount so as aforesaid certified, or which may there- 
 after be certified for that year, to the Mayor and City Council 
 of Baltimore aforesaid; and in case the said disbursing officer 
 shall not forthwith pay over the amount of each requisi- 
 tion as made, it shall be the duty of the said Board, and they 
 .are authorized and required to issue certificates of indebtedness, 
 in the name of the Mayor and City Council of Baltimore, in 
 such sum as they may deem advisable for the amount of such 
 requisitions, respectively, bearing interest at six per cent, per 
 annum, payable at not more than twelve months after date, 
 .and signed by a majority of said Board, and to raise the money 
 on said certificates by pledging or disposing of the same; which 
 certificates shall be receivable at par in payment of City 
 taxes, and be as binding on said corporation and as recov- 
 erable against it as if the Mayor and City Council of Balti- 
 more had themselves issued the same; and the Mayor and City 
 Council of Baltimore shall have no power or authority to levy 
 or collect any tax or appropriate any money for the payment of 
 any police force other than that organized and employed under 
 this sub-division of this Article; and no officer or other em- 
 
290 
 
 pioyee of the said Mayor and City Council of Baltimore shall. 
 disburse any money therefor; and the power of said Mayor and 
 City Council to levy and collect taxes and appropriate and dis- 
 burse money for the payment of the police force organized and 
 employed under this sub-division of this Article shall be exer- 
 cised as herein directed, and not otherwise; and in case the 
 amount so as aforesaid to be estimated by the said Board shall 
 from any cause prove insufficient for the necessary expenses 
 ror the current year, the said Board is authorized and empow- 
 ered to issue certificates and raise money therefrom, as herein- 
 before provided, to meet the said exigency; provided, however,. 
 that no additional issue shall exceed the sum of fifty thousand 
 dollars in any one year, and that the amount thereof shall be 
 added to the estimate, assessment and levy for the year next 
 ensuing, and that said certificates shall not be made payable at 
 an earlier day than twelve months from the date of their issue,. 
 but may be receivable in payment of City taxes at any time 
 they may be so presented. 
 
 it shall be the duty of the Sheriff of Baltimore City, 
 whenever called on for that purpose by said Board, to act under 
 their control for the preservation of the public peace and quiet, 
 and if ordered by them to so do, he shall summon the posse 
 comitatus for that purpose, and hold and employ such posse,. 
 subject to their discretion in case the said Board shall deem it 
 necessary; they shall call out such military force, lawfully or- 
 ganized or existing in said City, as they may see fit, to aid them 
 in preventing threatened disorder or opposition to the laws, or 
 in suppressing insurrection, riot or disorder on election days, 
 and at all other times; and it shall be the duty of said military 
 force so called out, to obey such orders as may be given them 
 by said Board; whenever the exigency or circumstances may, 
 in their judgment, warrant it, the said Board shall have the 
 power to assume the control and command of all conservators 
 of the peace in the City of Baltimore, whether sheriffs, consta- 
 bles, police or others, and they shall act under the orders of the 
 said Board, and not otherwise; and in case of the refusal of the 
 said sheriff, or any policeman, constable, or other peace officer 
 or persons, to obey any lawful command of said Board under- 
 
291 
 
 the provisions of this section, they shall, respectively, be guilty 
 of a misdemeanor and punishable as in such cases made and 
 provided; and any officer of any military force in the City of 
 Baltimore, organized under any law now existing, or which 
 may hereafter be enacted by the General Assembly of this State, 
 who, upon being called on by the said Board as aforesaid, shall 
 refuse or wilfully fail to call out the force under his command, 
 or to obey the orders of the said Board, or to enforce by all 
 lawful means the performance of the duties to said force as- 
 signed; and any inferior officer or private who shall refuse or 
 wilfully fail to obey the orders of his superior officer in such be- 
 half, shall be guilty of a misdemeanor, and punishable as in 
 such cases made and provided. 
 
 749. Whenever a vacancy shall take place in any grade of 
 officers (except the marshal and deputy marshal), it shall be 
 filled from the next lowest grade, if competent men can be 
 found therein ; the Board of Police Commissioners are author- 
 ized to make all such rules and regulations, not inconsistent 
 with this sub-division of this Article, as they may judge neces- 
 sary for the appointment and employment, uniforming, disci- 
 pline, trial and government of the police and detectives, and 
 for the relief and compensation of the members of the police 
 injured in person and property in the discharge of their duty, 
 and the families of men or officers killed while in its perform- 
 ance; provided, that the allowance in any one instance shall not 
 exceed twelve months' pay; the said Board shall have power to 
 require of any policeman, officer of police or detective, bond 
 with sureties, when they may consider it demanded by the 
 public interest; all lawful rules and regulations of the Board 
 shall be obeyed by the policemen, officers of police and detec- 
 tives, on pain of dismissal or such lighter punishment as may 
 be prescribed by the said Board; and the said Board shall have 
 power to suspend from duty, fine or forfeit the pay of any offi- 
 cer or policeman, or suspend any rule or regulation made and 
 adopted by them. 
 
 750. Xo officer of police, policeman or detective shall be 
 allowed to receive any money as a gratuity or extra compensa- 
 
292 
 
 tion for any services he may render, without the consent of 
 the said Board; and all such moneys as any officer of police, 
 policeman and detective may be so permitted to receive shall 
 be paid over to the said Board, and together with the proceeds 
 of all fines, forfeitures, penalties and unclaimed property which 
 may come into the possession of the said Board, or be recovered 
 by them under the provisions of this sub-division of this Ar- 
 ticle, or any other law, shall form a fund which the Board may 
 apply towards the allowances of officers of police, policemen 
 and detectives and their families, as hereinbefore authorized, 
 and for extra pay to such members of the force as by gallantry 
 and good conduct on extraordinary occasions they may be 
 judged to merit; and any officer of police, policeman or detec- 
 tive who shall directly or indirectly, in violation of this section, 
 receive any moneys as a gratuity or extra compensation, and 
 shall fail to deliver the same to the Board for the purposes here- 
 inbefore provided, and shall apply the same to his own use, 
 shall be forthwith dismissed, and be forever after ineligible to 
 any position in the force. 
 
 751. The Board of Police Commissioners shall cause to be 
 kept by their secretary, a full report of their proceedings, and 
 also cause all their receipts and disbursements of money to be 
 faithfully entered in books to be provided for that purpose; and 
 said books, journals and all other documents in the possession 
 of said Board, shall always be open to inspection by the Gen- 
 eral Assembly, or any committee appointed by it for that pur- 
 pose; and it shall be the duty of the said Board to report to the 
 General Assembly at each regular session, or as may hereafter 
 be directed by said General Assembly, the number and expense 
 of the police force employed by them under this sub-division of 
 this Article, and all such other matters as may be of public 
 interest in connection with the duties assigned to them; and 
 said books, journals and other documents, and the vouchers 
 for all payments by said Board of Police Commissioners shall 
 at all times be open to the inspection of the Mayor and City 
 Register, or either of them; and it shall be the duty of the 
 Comptroller of the City of Baltimore to examine all bills and 
 accounts presented by said Board of Police Commissioners 
 and the vouchers therefor. 
 
293 
 
 752. The treasurer of the Board of Police Commissioners, 
 before entering upon the duties of his office as such treasurer, 
 shall, in addition to the bond given as Commissioner, enter into 
 bond to the State of Maryland, with one or more sureties, in 
 the penalty of ten thousand dollars, conditioned for the faithful 
 discharge of the duties imposed upon him as treasurer, and the 
 faithful application and payment over, pursuant to the order 
 and direction of the said Board, of all moneys which may come 
 into his hands as such treasurer; and shall, every six months, 
 on the first day of January and July, in each and every year 
 during his continuance in office, render to his associates in said 
 Board, a true and faithful account of the receipts and disburse- 
 ments of all moneys received and disbursed by him by order of 
 the said Board, with the vouchers thereof during said period, 
 which accounts shall be verified by the affidavit of said treas- 
 urer; and the said Board shall thereupon examine said account, 
 and if they find the same to be correct, they shall certify said 
 account, and forward the same to the Governor of the State, to 
 be filed in the office of the Secretary of State; the said Board 
 shall retain a copy thereof, with their certificate attached, to be 
 filed among the papers of their office. 
 
 753. The said Board of Police Commissioners are author- 
 ized and empowered, whenever in their judgment the public 
 peace and tranquility may require, to order the closing tempo- 
 rarily, of any and all bar rooms, bars, drinking houses and 
 liquor shops, and all other places where liquor is usually sold in 
 the City of Baltimore, and forbid the selling and furnishing of 
 liquor thereat; and any proprietor or keeper, or any other 
 person for such proprietor or keeper, of any such drink- 
 ing house, place or places, as well as all other places where 
 liquor is usually sold, who shall refuse or fail to obey^such 
 order of said Board of Police Commissioners passed in pur- 
 suance thereof, or who shall sell or furnish liquor from any 
 such place or places, during such period as said Board shall so 
 forbid, shall be guilty of a misdemeanor; and it shall be the duty 
 of each and every officer of police, policeman and detective, who 
 may be cognizant of any violation of this section, to report the 
 
294 
 
 same to the Grand Jury of the City of Baltimore, if in session, 
 and if not in session, then to the next Grand Jury that may be 
 summoned for said City ; and every officer of police, policeman 
 and detective who shall wilfully fail to make such report shall 
 be forthwith dismissed from his position, and shall be forever 
 after ineligible to any position in the police. 
 
 754. They are authorized and empowered to take posses- 
 sion of all property heretofore by law assigned to the former 
 Board of Police, and to have and use a common seal ; they may 
 divide the City into such number of police districts as they may 
 think necessary for the public good; and if found practicable, 
 in addition to the station-houses and property attached thereto, 
 which they are authorized and empowered to take possession of 
 and use, they may provide additional station-houses, with all 
 necessary appurtenances, as may be found needful and neces- 
 sary, and such accommodations as may be requisite for the 
 police force ; said Board shall also have the use of the fire-alarm 
 and police telegraph in the City of Baltimore, and of all station- 
 houses, watch-boxes, arms, accoutrements and other accom- 
 modations and property provided by the City of Baltimore for 
 the use and service of the police heretofore created by any act 
 of the corporation of said City, as fully and to the same extent 
 as if the same had been provided for the use of the Board cre- 
 ated by this sub-division of this Article. 
 
 % 
 
 755. It shall be the duty of every officer of police, and 
 every policeman and detective, to report to the Board, and de- 
 liver to them all property seized or found by said officer of 
 police, policeman or detective, immediately after the same shall 
 have come into their possession, which property, with the date 
 of delivery and description of the same, and the name of the 
 officer, policeman or detective depositing the same, shall be 
 entered in a book by the secretary, to be provided for that pur- 
 pose ; said secretary shall have the custody of all such property, 
 and shall be held responsible for the safe delivery of the same 
 to the claimants, when ordered to do so in writing by the said 
 Board, which order shall be his voucher: and any officer, police- 
 
295 
 
 anan or detective who shall fail or refuse for a period of twenty- 
 four hours to deposit all such property as aforesaid, shall be 
 subject to removal by the said Board; and every officer, police- 
 man or detective who shall wilfully refuse to return all such 
 property as aforesaid, or shall return the same to any claimant, 
 shall be forthwith dismissed from office. 
 
 756. i n addition to the sums of money now authorized by 
 law to be paid out of the fund so as above constituted and desig- 
 nated, the said Board of Police Commissioners are empowered, 
 whenever in their opinion the efficiency of the service may 
 require it, to retire any officer of police, policeman, detective, 
 clerk or turnkey appointed by them, and pay him in monthly 
 instalments out of said fund for life a sum of money not to 
 exceed one-half of the amount of money monthly paid to him as 
 such officer of police, policeman, detective, clerk or turnkey at 
 the time of his said retirement. Provided, however, he shall 
 'have served faithfully not less than sixteen years as such officer 
 of police, policeman, detective, clerk or turnkey or shall have 
 been permanently disabled, in the discharge of his duty as such 
 ^officer of police, policeman, detective, clerk or turnkey, and the 
 said Board shall in all cases, before making such retirement 
 procure and file among their records a certificate of a compe- 
 tent and reputable physician that the person proposed to -be 
 retired has been thoroughly examined by him, and that he is 
 incapable of performing active police duty, and it shall be the 
 duty of a*ny such officer of police, policeman or detective so 
 retired to perform such police duties and at such times as the 
 Board of Police Commissioners shall deem proper, said term 
 -of service not to exceed seven days during any year, and for 
 such services no extra compensation shall be allowed by said 
 Board, and the said Board shall have power in their discretion 
 to suspend payment to any such officer of police, policeman or 
 detective for a term not to exceed three months for the first 
 -offense, for the second offense a term not to exceed six months, 
 and for the third offense shall be subject to dismissal upon 
 proof given that the said officer of police, policeman or detective 
 is living an improper or immoral life. Said Board shall have 
 power to suspend said payment to such clerk or turnkey if in 
 their judgment after trial said clerk or turnkey is living an 
 
296 
 
 improper or immoral life, such a suspension to continue as long 
 as such a life, in the opinion of the said Board, is pursued by 
 said clerk or turnkey ; provided, however, that the provisions of 
 this Section shall not apply to any clerk appointed by said 
 Hoard of Police Commissioners who has not immediately prior 
 to his appointment served in some capacity whereby he has been 
 required to perform police duty. 
 
 757. ]\ T Marshal of Police, or any of the captains of any of 
 the districts or station-houses, or any one acting for or under 
 them, or any of them, shall release any persons committed or 
 confined in any of the station-houses for any felony or misde- 
 meanor, but all such persons shall be released only on the order 
 of the committing Justice, the Judge of the Criminal Court, or 
 one of the members of the Board, or other lawful process. 
 
 758. The said Board of Police Commissioners are required, 
 on the requisition of the Board of Park Commissioners, to 
 detail from time to time such number of the regular police force 
 of said City as the said Board may deem necessary for the 
 preservation of order within any parks under their control,, 
 which detailed force shall have the same power in the premises 
 that the police force of the City have, as conservators of the- 
 peace. 
 
 759. Nothing in this sub-division of this Article shall be sc 
 construed as to destroy or diminish the liability or responsi- 
 bility of the Mayor and City Council of Baltimore for any fail- 
 ure to discharge the duties and obligations of said Mayor and' 
 City Council of Baltimore, or any of them, or give the said' 
 Mayor and Council of Baltimore any control over said Board, 
 or any officer of police, policeman or detective appointed; 
 thereby. 
 
 760. All persons arrested in the daytime under the provis- 
 ions of this sub-division of this Article shall be taken by t he- 
 officer making the arrest immediately before the nearest Police- 
 Justice for examination, except that all females and male chil- 
 dren under fourteen years of age who may be arrested or 
 taken into custody shall be taken before the nearest Police- 
 
297 
 
 Justice for examination when there shall be matrons at the 
 station-house as hereinafter provided. 
 
 761. Whenever any person shall be arrested in the City of 
 Baltimore, charged with any crime or misdemeanor, or for be- 
 ing drunk or disorderly, or for any breach of the peace, and 
 shall be taken before any of the Police Justices of the Peace of 
 the said City, and any such person shall be found to have con- 
 cealed about his person any pistol, dirk-knife, bowie-knife, 
 sling-shot, billy, brass, iron, or any other metal knuckles, razor, 
 or any other deadly weapon whatsoever, such person shall be 
 subject to a fine of not less than five dollars nor more than 
 twenty-five dollars, in the discretion of the Police Justice of the 
 Peace before whom such person may be taken, and the confis- 
 cation of the weapon so found, which said fine shall be collected 
 as other fines are now collected; provided, however, that the 
 provisions of this section shall not apply to those persons who, 
 as conservators of the peace, are entitled or required to carry 
 a pistol or other weapon as a part of their official equipment. 
 
 762. Every person in said City of Baltimore not being a 
 conservator of the peace, entitled or required to carry such 
 weapons as a part of his official equipment, who shall wear or 
 carry any pistol, dirk-knife, bowie-knife, sling-shot, billy, sand- 
 club, metal knuckles, razor or any other dangerous or deadly 
 weapon of any kind whatsoever (pen-knives excepted), con- 
 cealed upon or about his person; and every person who shall 
 carry or wear such weapons openly, with the intent or purpose 
 of injuring any person, shall, upon conviction thereof, be fined 
 not more than five hundred dollars, and be imprisoned not more 
 than six months in jail or in the House of Correction; that this 
 section shall not release or discharge any person or persons 
 already offending against the general law in such cases made 
 and provided, but any such person or persons may be pro- 
 ceeded against, prosecuted and punished under the general law 
 of this State as if this Article had not been passed. 
 
 763. The said Board of Police Commissioners are author- 
 ized, empowered and directed to grant leave of absence with 
 pay for a period of twenty days in each consecutive year of 
 
298 
 
 service to each of the officers of police, policemen and detectives 
 of the regular force employed by the said Board ; nor shall any 
 enforced absence with leave on account of sickness or death be 
 -deducted from the pay of any such officer of police, policeman 
 or detective, or from the twenty days' leave as herein provided 
 for. 
 
 764. The Board of Police Commissioners are hereby au- 
 thorized and empowered to appoint and employ, in addition to 
 the number now authorized by law, fifteen additional proba- 
 tion officers, said officers so appointed to hold their places and 
 receive their pay under the provisions of law now in force and 
 applicable to probation officers. 
 
 Matrons at Station-Houses. 
 
 765. Th e Board of Police Commissioners of Baltimore 
 shall appoint two suitable women as matrons at four of the 
 station-houses in said City, and may, in their discretion, appoint 
 one or two suitable women as matrons at the other station- 
 houses in said City, one for day and the other for night service, 
 and shall provide a furnished room at each of said station- 
 houses for them. 
 
 766. ]\ T O woman shall be appointed as a matron aforesaid 
 by the said Board unless she shall be recommended to said 
 Board within three months preceding her appointment, by at 
 least twenty women in good standing in said City, in writing, 
 as a suitable person for the position ; and the said matrons shall 
 be appointed to serve for four years, subject to removal for 
 cause, after a hearing by the said Board, which is hereby vested 
 with jurisdiction in the premises. 
 
 767. The duties of each matron shall be to give such care 
 and advice and to perform such other police duties as may be 
 requisite and proper to the female persons, male children under 
 fourteen years of age and refugees in the station-house for 
 which said matron shall have been appointed. 
 
299 
 
 768. Each of said matrons shall receive a salary of ten dol- 
 lars a week, to be paid by the Mayor and City Council of Balti- 
 more, and it shall be included in the annual estimate of expenses 
 by said Board; certified to the Mayor and City Council of 
 Baltimore. 
 
 Militia. 
 
 769. Whenever the Board of Police Commissioners for the 
 City of Baltimore, or the Sheriff of any county, shall call out 
 any portion of the militia to aid in preventing threatened dis- 
 order or opposition to the laws, or in suppressing riot or dis- 
 order on election days, or at any other times, said military force 
 shall be deemed to be on detached service while under the 
 orders of the said Board or Sheriff ; and the commanding officer 
 thereof shall not be subject to the orders of any superior officer 
 whatsoever, except the commander-in-chief. 
 
 Patrol Wagons. 
 
 770. The said Board of Police Commissioners are author- 
 ized and directed to construct, equip and maintain a telephone 
 alarm and patrol wagon service, with all necessaries, appliances 
 and laborers ; provided, however, the expenditures therefor will 
 not impair the special fund mentioned in sections 576 and 777 
 of this Article so as to prevent its sufficient application to the 
 purposes provided for in said sections. 
 
 Physicians to the Police Force. 
 
 771. They are authorized to appoint and commission, an- 
 nually, three physicians of integrity and capacity, residents of 
 Baltimore City, and who shall have practised medicine therein 
 for at least three years next preceding the date of their com- 
 mission, to act as physicians of the Police Department of said 
 City, under such rules and regulations as the said Board may 
 from time to time prescribe for their conduct. 
 
 772. The duties of the said physicians shall be to examine 
 thoroughly all applicants for position in the police force of 
 
300 
 
 Baltimore City, and to test their entire fitness in every respect 
 for such position; to visit all policemen, turnkeys, detectives, 
 officers of police and clerks of said force, who may be returned 
 as sick, and to report their condition to the said Board; to visit 
 and professionally attend any and all of the said persons who 
 may be injured or disabled in the performance of their duties 
 as members of the said force ; to thoroughly examine and report 
 to the said Board the physical condition of each and every mem- 
 ber of said force, who may, upon his own application, or who 
 the said Board may think should be retired from the said force 
 and be pensioned under this sub-division of this Article, and to 
 perform all such other and further professional duties in con- 
 nection with the said department and force as the said Board 
 may from time to time deem necessary and prescribe for them. 
 
 773. The annual salary of each of the said physicians shall 
 be the sum of one thousand dollars, payable in equal monthly, 
 instalments, but the tenure of office of the said physicians, and 
 of each of them, shall be determinable within the appointed 
 year, by a majority of the said Board, and in their exclusive 
 discretion; and the said physicians, and each of them, shall be 
 compensated only up to the time of such determination at the 
 rate of the annual salary aforesaid. 
 
 Races. 
 
 774. For the purpose of preserving order and protecting 
 property, the Police Commissioners of the City of Baltimore 
 are authorized, upon the request of the president of the Mary- 
 land Jockey Club, to detail such force as they may deem suffi- 
 cient for the preservation of order during any exhibition of the 
 said club, which detailed force shall have the power that the 
 police of the City have as conservators of the peace. 
 
 Registration of Voters. 
 
 775. Th e Board of Police Commissioners for Baltimore 
 City, upon the written request of the Registers of Voters, shall 
 detail police officers sufficient to preserve order at the place 
 where the officers of registration in Baltimore City are discharg- 
 ing the duties of their office. 
 
301 
 
 Special Fund. 
 
 776. j\, r sums of money which are now in, or which may 
 hereafter come into the hands of the Board of Police Commis- 
 sioners for the City of Baltimore, under and by virtue of the 
 provisions of existing laws, except such sums as may come into 
 their hands under and by virtue of the provisions of section 
 747, shall constitute a fund to be known and accounted for as 
 the special fund. 
 
 776A. The Board of Police Commissioners of the City of 
 Baltimore, and their successors, shall be the trustees of the 
 special fund hereinafter mentioned. The Treasurer of said 
 Board shall be Treasurer of the fund. He shall before entering 
 upon his duties as Treasurer thereof execute and deliver to said 
 Board a bond in the penal sum of five thousand dollars, to be 
 approved by the Comptroller of the City of Baltimore, and con- 
 ditioned for the faithful discharge of his duties, and that he shall 
 pay over and account for all moneys and property which shall 
 come to his hands as such Treasurer, the expense of such bond, 
 if furnished by a corporation, to be paid out of the special fund. 
 Such trustees shall have charge of and administer said funds, 
 and from time to time invest the same, or any part thereof, as 
 they shall deem most beneficial to said fund, and they are em- 
 powered to make all necessary contracts, and take all neces- 
 sary and proper actions and proceedings in the premises, and to 
 make payments from such fund of salaries granted in pursu- 
 ance of this Act, and also salaries now charged on said fund or 
 any part thereof by or under existing laws. The said trustees 
 may, and they are authorized and empowered, from time to 
 time to establish such rules and regulations for the disposition, 
 investment, preservation and administration of the special fund 
 as they may deem best. They shall report in detail to the 
 Mayor and City Council annually in the month of October the 
 condition of the special fund, and the items of receipts and dis- 
 bursements on account of the same. 
 
 776B. The moneys, securities and effects of the special fund, 
 and all salaries granted and payable from said fund shall be 
 
302 
 
 and are exempt from execution and from aD process and pro- 
 ceedings to enjoin and recover the same by or on behalf of any 
 creditor or person having or asserting any claims against, or 
 debt or liability, of any sharer of said fund ; every person who 
 knowingly or wilfully in anywise procures the making or pres- 
 entation of any false or fraudulent affidavit or affirmation con- 
 cerning any claim for a share or payment thereof, shall in every 
 case forfeit a sum not exceeding two hundred dollars, to be 
 sued for and recovered by and in the name of the said trustees, 
 and when recovered to be paid over to and thereupon become a 
 part of the said special fund. Any person who shall wilfully 
 swear falsely in any oath or affirmation in obtaining or procur- 
 ing any share or payment thereof, under the provisions of this 
 Act, shall be guilty of perjury. 
 
 776C. The said special fund shall consist of : 
 
 1. The capital, interest, income, dividends, cash deposit* 
 securities and credit of the special fund now in existence, with 
 additions thereto from time to time of : 
 
 2. All fines and forfeitures imposed by the Board of Police 
 Commissioners from time to time upon or against any member 
 or members of the police force ; and of : 
 
 3. All rewards, fees, gifts, testimonials and emoluments that 
 may be presented, paid or given to any member of the police 
 force on account of police services, except such as have been 
 or shall be allowed by the Board of Police Commissioners to be 
 retained by the said members, and also all gifts or bequests 
 which may be made to the said special fund, or to the said Police' 
 Board as trustees thereof. 
 
 4. All lost, abandoned, unclaimed, or stolen money remain- 
 ing in possession of the Secretary of the Board of Police Com- 
 missioners for the space of one year, and for which there shall 
 be no lawful claimant, and all moneys arising from the sale by 
 the said Secretary or said Board of unclaimed, abandoned, lost 
 or stolen property, and all moneys realized, derived or received 
 from the sale of any condemned, unfit or unserviceable property 
 belonging to or in the possession or under the control of the 
 Police Department, and of : 
 
 5. All moneys, pay, compensation or salary, or any part 
 
303 
 
 thereof, forfeited, deducted or withheld from any member or 
 members of the police force on account of absence for any cause,, 
 lost time, sickness or other disability, physical or mental, to be 
 paid monthly by the Treasurer of the Board of Police Commis- 
 sioners to the special fund. 
 
 6. All moneys derived or received from license, certificates, 
 or permits, hereafter authorized by the Mayor and City Council 
 under the general powers granted by Chapter 123, of the Acts 
 of the General Assembly of Maryland, Session 1898, title " City 
 of Baltimore, sub-title " Charter," sub-title " General Powers," 
 sub-title " License," which are required t'o be issued and col- 
 lected by the Police Department. 
 
 7. Any sum hereafter allowed out of or share of liquor- 
 license moneys specially appropriated to said special fund 
 and derived from the granting of licenses or permission to sell 
 strong or spirituous liquors, ale, wine or beer, and such sum,, 
 sums, share or shares shall be paid in to the Treasurer of the 
 special fund by the person or officer having the legal custody 
 thereof. 
 
 8. All moneys derived or received from the granting or issu- 
 ing the permits, or the giving of permission to give public 
 dances, soiries, masked balls, boxing or athletic contests, circus 
 or tent shows, or'either of them, in the City of Baltimore; also 
 the sum of five dollars for each and every permit granted by the 
 Board of Police Commissioners under Section 653?, Chapter 
 343, of the Acts of the General Assembly of Maryland, session 
 of 1890, for the sale of liquors at bona fide entertainments. 
 
 9. A sum of money equal to but not greater than two per 
 centum of the semi-monthly pay, salary or compensation of each 
 member of the police force entitled to participate in the special 
 fund, which sum shall be deducted every pay day by the Treas- 
 urer of the Board of Police Commissioners from the pay, salary 
 or compensation of each and every member of the police force, 
 and the said Treasurer of said Board is hereby authorized, 
 empowered and directed to deduct the said sum of money as 
 aforesaid and forthwith to pay the same to the Treasurer of the 
 trustees of the special fund ; provided, however, that it shall be 
 optional with any member of said police force to contribute the 
 said two per centum of his salary as above provided, and partici- 
 
304 
 
 pate in the benefits of the special fund ; and provided, further, 
 that no member of said force shall participate in said special 
 fund unless he contributes to said fund as aforesaid. 
 
 10. And any and all unexpended balances of appropriation or 
 amounts estimated, levied, raised or appropriated for the pay- 
 ment of salaries or compensation of members of the police force 
 within said City of Baltimore remaining unexpended or unap- 
 plied after allowing all claims payable therefrom, said balances 
 to be paid to special fund at any time after the expiration of the 
 year for which the same were made and appropriated. 
 
 11. In case the amount derived from the different sources 
 mentioned and included in this Section, and from the special 
 fund without deducting charges for patrol services, police boat, 
 and new station-houses, shall not be sufficient at any time to 
 enable the Board of Police Commissioners to pay in full the 
 salaries which have been or may hereafter be granted, which 
 said salaries shall at all times be a first charge on said funds, it 
 shall be the duty of the said Board each year at the time of mak- 
 ing up the departmental estimate, to prepare a full and detailed 
 statement of the assets of said special fund, and the amount 
 which is required to pay in full all such salaries, and to present 
 the same to the Mayor and City Council and the Board of Esti- 
 mates, together with a statement of the amount of money re- 
 quired to enable the said Board of Police Commissioners to pay 
 the said salaries in full. It shall be the duty of the Mayor and 
 City Council and said Board of Estimates to make an appropri- 
 ation sufficient to provide for such deficiency, and the amount 
 so appropriated shall be included in the tax levy, and the Comp- 
 troller shall pay over the money to the Treasurer of the special 
 fund. 
 
 12. And the said Board of Police Commissioners, as trustees 
 of the special fund, is hereby authorized and empowered to take 
 and hold, as trustees of such fund, any and all gifts or bequests 
 which may be made to such fund. 
 
 776D. The Board of Police Commissioners shall have power 
 in its discretion to pay to the widow of any member of said 
 police force within the limits of said City who shall have been 
 killed while in the actual performance of duty, or shall have 
 died in consequence of injuries received while in the discharge 
 
305 
 
 of duty an allowance until she re-marries. If there be no 
 widow, but a child or children, then to pay to such child or 
 children, whilst under the age of eighteen years, a sum such as 
 parent would have been entitled to out of said special fund. 
 
 776E. Salaries granted under Chapter 494, of the Acts of the 
 General Assembly of Maryland, passed at the January session 
 1898, and all other salaries granted by special Acts shall be for 
 the natural life of the retired or disabled officer, and shall not 
 be revoked, repealed or diminished except for causes therein 
 provided. 
 
 776F. No member of the police force, whether policeman, 
 officer of police, detective, clerk, turnkey, or in any other capac- 
 ity, shall be granted, awarded or paid a retiring salary on 
 .account of physical or mental disability or diseases, unless cer- 
 tificate of so many of the police surgeons or other competent 
 and reputable physicians as the Board of Police Commissioners 
 may require, which shall set forth the cause, nature and extent 
 of the disability, disease or injury of such member, shall be filed 
 in the office of the Board, and no member shall hereafter be 
 retired upon salary or be salaried, nor shall any money or salary 
 be awarded, granted or paid except as provided in this Chapter, 
 and Chapter 494, of the Acts of the General Assembly of Mary- 
 land, passed at the January session, 1898, any other law to the 
 contrary notwithstanding. The said Board of Police Commis- 
 sioners is authorized and empowered to make and adopt all 
 such rules, orders and regulations as are or may be necessary to 
 carry out and enforce the provisions of this Act. 
 
 In addition to the sums of money now authorized by 
 law to be paid out of the fund so as above constituted and desig- 
 nated, the said Board of Police Commissioners are empowered, 
 whenever, in their opinion, the efficiency of the service may re- 
 quire it, to retire any officer of police, policeman, detective, clerk 
 or turnkey, appointed by them, and pay him in monthly instal- 
 ments out of said fund, for life, a sum of money not to exceed 
 one-half of the amount of money monthly paid to him as such 
 officer of police, policeman, detective, clerk or turnkey at the 
 time of his said retirement; provided, however, he shall have 
 
306 
 
 served faithfully not less than sixteen years as such officer of po-- 
 lice, policeman, detective, clerk, turnkey, or shall have been per- 
 manently disabled in the discharge of his duty as such officer of 
 police, policeman, detective, clerk or turnkey; and the said 
 Board shall in all cases, before making such retirement, procure 
 and file among their records a certificate signed by a majority of 
 the physicians appointed by the Board of Police Commissioners 
 as physicians of the Police Department, that the person pro- 
 posed to be retired has been thoroughly examined by them, and 
 that he is incapable of performing active police duty; and the 
 said Board of Police Commissioners shall have power, in their 
 discretion, to suspend payment to any such officer of police, 
 policeman, detective, clerk or turnkey for a term not to exceed 
 three months for the first offence, for the second offence for a. 
 term not to exceed six months, and for the third offence, any 
 such officer of police, policeman, detective, clerk or turnkey 
 shall be subject to dismissal, upon proof given that the said 
 officer of police, policeman, detective, clerk or turnkey, is living 
 an improper or immoral life. 
 
 778. The Board of Police Commissioners for the City of 
 Baltimore are authorized to pay out of the special fund men- 
 tioned in section 776 of this Article, the cost of the maintenance 
 and operation of the police patrol boat recently built and 
 manned by said Board under authority conferred by law on said 
 Board, including therein the wages of engineers and firemen of 
 said boat; and said Board are authorized to appoint on its force 
 two officers for said boat, who shall be styled commander and 
 first officer, respectively, of the police patrol boat, and shall have 
 the rank and pay of Lieutenants of Police of the City of Balti- 
 more. 
 
 779. The Board of Police Commissioners for the City of 
 Baltimore are hereby authorized, out of the special fund men- 
 tioned in section 776 of this Article, to pay the purchase money 
 of the ground needed for the erection of station-houses here- 
 after required for the uses of said Board, and also the cost of the 
 erection and repair of said station-houses. 
 
307 
 
 780. The Board of Police Commissioners for the City of 
 Baltimore are hereby authorized and directed to pay to James 
 M. Moore, a retired patrolman of the police force of Baltimore 
 City, out of a fund in the hands of said Board of Police Com- 
 missioners known and accounted for as the special fund, the 
 sum of twelve dollars per week for his life, in lieu of the sum of 
 six dollars per week now paid said James M. Moore by said 
 Board of Police Commissioners, under and by authority of an 
 Act of the General Assembly of Maryland (Chapter 459, Laws 
 of Maryland, eighteen hundred and eighty-six), entitled "An 
 Act to define a fund of money now in the hands, or which under 
 existing laws may come into the hands, of the Board of Police 
 Commissioners for the City of Baltimore, and to provide for 
 its application," approved April 7th, eighteen hundred and 
 eighty-six. 
 
 Long Bridge. 
 
 781. The jurisdiction and authority of the Board of Police 
 Commissioners for the City of Baltimore is hereby declared to 
 extend to and over the bridge across the Patapsco river, known 
 as the Long Bridge or Light Street Bridge; and said Board 
 and their police force shall on and under said bridge, preserve 
 the public peace, prevent crime, arrest offenders, protect the 
 rights of persons and property, and prevent and remove nuis- 
 ances; provided, however, that if any crime be actually com- 
 mitted by any person who shall be arrested by said police, the 
 offender shall be delivered to the proper jurisdiction for trial 
 and punishment. 
 
 Telegraph to House of Correction. 
 
 782. The Mayor and City Council of Baltimore shall keep 
 and maintain, at their own proper cost and expense, the line of 
 telegraph from the House of Correction, in Anne Arundel 
 county, to the police headquarters in Baltimore City, trans- 
 ferred/to them by the Board of Public Works, and are invested 
 with all the rights and privileges granted to telegraph compa- 
 nies under the General Incorporation Laws of the State in the 
 working and maintenance of this line. 
 
308 
 
 Thieves and Pickpockets. 
 
 783 - It shall be the duty of all police officers in Baltimore 
 City to arrest and take before some one of the station-house 
 Justices in Baltimore City, all persons whom they shall find in 
 any passenger railway car, or in or about any railway depot in 
 Baltimore City, or in any place of public amusement, or in any 
 street of the City, who they shall know or have good reason to 
 believe are common thieves or pickpockets, and said Justices 
 shall commit or bail such persons for trial before the Criminal 
 Court; and if any person in Baltimore City shall be charged on 
 oath before any station-house Justice of the Peace in Baltimore 
 City, or before the Judge of the Criminal Court, with being a 
 common thief or pickpocket, such Justice or Judge shall issue 
 a warrant for the arrest of such person, and commit or bail him 
 for trial; and any person convicted in the Criminal Court of 
 Baltimore of being a common thief or common pickpocket, 
 shall be imprisoned in jail not more than two years nor less than 
 six months, and be fined not more than one hundred dollars; 
 but if any person is arrested a second time, or more, for such 
 offence, he shall be convicted only on proof that he has con- 
 tinued to be a common thief or pickpocket for at least one 
 month since his last conviction or acquittal, and it shall be 
 necessary to charge in the indictment only that the person is a 
 common thief or common pickpocket ; and any evidence either 
 of facts or reputation proving that such person is habitually and 
 by practice a thief or pickpocket shall be sufficient for his con- 
 viction, if satisfactorily establishing the fact to the court or jury 
 by whom he is tried; and there shall be no discretion in any 
 police officer or Justice of the Peace to discharge or release any 
 person who is by such proof before them, or knowledge on their 
 part, shown to be a thief or pickpocket as aforesaid, but such 
 person shall be bailed or committed for trial, and no conviction 
 or charge of, or for being a common thief or pickpocket, shall 
 prevent any such person from being tried and convicted for any 
 particular act of larceny he may have committed. 
 
309 
 
 784. if an y person shall be arrested at any place on the line 
 of the Baltimore and Ohio Railroad, or on the line of the North- 
 ern Central Railroad, or on the line of the Philadelphia, Wil- 
 mington and Baltimore Railroad, or in any of the cars or de- 
 pots, or at any of the stations on said roads, or on any ferry- 
 boat employed to carry passengers over any part of said road, 
 and within the limits of this State, charged with being a com- 
 mon thief or pickpocket, such person may be taken before any 
 Justice of the Peace of the county in which said place or depot 
 or station may be situated ; or if such person be arrested in any 
 car, or on any ferry-boat, before any Justice of the Peace of the 
 nearest convenient county or any station-house Justice of the 
 City of Baltimore ; and such Justice shall, on proof, as provided 
 in the preceding section, commit or bail such person for trial 
 before the Circuit Court of the county, or the Criminal Court 
 of Baltimore, as the case may be; and all police officers of Balti- 
 more City, and all conductors of trains and police employed by 
 any of said railway companies, and all constables and bailiffs of 
 any county or city on the lines of said road, shall arrest all such 
 persons at any of the places aforesaid, on the same knowledge 
 and proof of their being common thieves or pickpockets as pro- 
 vided in the preceding section, and the said Justice shall com- 
 mit or bail such person on the same knowledge or proof; and 
 any person convicted in any county on the line of said roads of 
 being a common pickpocket, shall be punished by a fine or im- 
 prisonment in the jail of the county for the same time and in 
 the same amount as provided in the preceding section ; and all 
 the provisions of the preceding section shall apply to all cases 
 under this section, except so far as altered by this section. 
 
 Personating Policemen. 
 
 785. It shall be a misdemeanor, punishable by imprison- 
 ment in the jail of Baltimore City for not more than one year, 
 or by fine of not less than five dollars, for any person not a 
 member of the police force of Baltimore City, to falsely repre- 
 sent himself as being such member, with fraudulent design 
 upon person or property, or upon any day or at any time to 
 have, use, wear or display, without the authority of the Board 
 
310 
 
 of Police Commissioners of Baltimore, any shield, button, 
 wreath, number or any other insignia or emblem of office, such 
 as are worn by the police force of said City. 
 
 New Station Houses. 
 
 786. The Board of Police Commissioners are authorized 
 and empowered to purchase or lease ground in the twenty-first 
 and twenty-second wards in the City of Baltimore, or either of 
 them, as may be suitable in their judgment for the erection of a 
 station-house or houses thereon, and that they be and are 
 hereby authorized and empowered to have erected thereon such 
 station-house or houses as they may deem suitable and proper. 
 
 787. The title to said lot of ground and the improvements 
 thereon, shall be vested in the Mayor and City Council of Balti- 
 more City. 
 
 788. The purchase of said ground, and the cost of erection 
 of said station-house or station-houses, shall be paid by the 
 said Board of Police Commissioners out of their special fund. 
 
 PRATT FREE LIBRARY. 
 
 "789. It shall be the duty of the Mayor to appoint a visitor, 
 who shall, as often as once a year, examine the books and ac- 
 counts of the Trustees of the " Enoch Pratt Free Library of 
 Baltimore City," and make a report thereof to the Mayor an4 
 City Council of Baltimore ; and said Mayor and City Council 
 shall, in case of any abuse of their powers by said Trustees or 
 their successors, have the right to resort to the proper courts 
 to enforce the performance of the trust imposed on them. 
 
 79O. The real estate and personal property vested in said 
 Mayor and City Council by virtue of the Acts of 1882, chapter 
 181, authorizing the establishing of the Enoch Pratt Free Li- 
 brary of Baltimore City, and to become vested by future pur- 
 chases under the provisions of said Act, and the funds and 
 
311 
 
 Iranchises of the "Enoch Pratt Free Library of Baltimore City," 
 .shall be exempt from all State and municipal taxes, forever. 
 
 RAILROADS. 
 
 Safety Gates. 
 
 79 ! All railroad companies whose tracks cross any street 
 m Baltimore City at grade, are required to place, erect and keep 
 in operation and repair, safety gates at all such street crossings 
 in said City, which said gates shall be closed on the approach of 
 any and every train of cars or locomotive, and kept closed until 
 the said cars or locomotive have 'completely passed said street 
 -crossings. 
 
 792. Any railroad company violating the provisions of the 
 foregoing section shall be liable to a fine of fifty dollars for each 
 crossing, and for every day on which said safety gates are 
 neglected to be erected or operated ; said fine to be collected as 
 
 Bother fines are now collected. 
 
 Hours of Labor. 
 
 793. No street railway company incorporated under the 
 laws of this State, and no officer, agent or servant of such cor- 
 
 poration, and no person or firm owning or operating any line 
 or lines of street railways within the limits of this State, and no 
 
 .agent or servant of such firm or person shall require, permit or 
 suffer its, his or their conductors or drivers, or any of them, or 
 any employees in its, his or their service, or under his, its or 
 their control, to work more than twelve hours during each or 
 
 ^any day of twenty-four hours, and shall make no contract or 
 agreement with such employees, or any of them, providing that 
 they or he shall work for more than twelve hours during each or 
 any day of twenty-four hours. 
 
 Any corporation which shall in any manner violate 
 any of the provisions of the preceding section shall be deemed 
 to have misused or abused its corporate powers and franchises, 
 and the Attorney-General of the State, upon the application in 
 
312 
 
 writing, made by any citizen of this State, accompanied by suf- 
 ficient proof of such violation, shall forthwith, without further 
 authorization, institute proceedings for the forfeiture of the 
 charter of such corporation, by petition in the name of the 
 State, in the manner provided by the laws of this State for the 
 enforcement of the forfeiture of the charter of any corporation 
 which has abused or misused its corporate powers or franchises. 
 
 795. If any corporation, or any officer, agent or servant of 
 such corporation, or any person or any firm managing or con- 
 ducting any street railway in this State, or any agent or servant 
 of such person or firm, shall do any act in violation of the pro- 
 visions of section 793, it, he or they shall be deemed to have 
 been guilty of a misdemeanor, and shall, on conviction thereof 
 in a court of competent jurisdiction, be fined one hundred dol- 
 lars for each offence so committed, together with the costs of 
 such prosecution. 
 
 'Street Railway Fares. 
 
 796. The United Railways & Electric Company of Balti- 
 more, its successors and assigns, shall charge five cents, and no 
 more, as a fare for the conveyance of each passenger over 
 twelve years of age, and three cents, and no more, for each 
 child between the ages of four and twelve years, from any 
 point on any of its lines to any other point on such lines within 
 the City of Baltimore ; provided, That such Company shall 
 give a free transfer, when the same shall be requested, upon 
 the payment of each casih fare, which transfer shall be good at 
 all points of intersection of lines of said railway for a contin- 
 uous ride, except at such points on said lines where such form 
 a route so as to permit a passenger to return in the same gen- 
 eral direction of the line upon which the transfer was issued, 
 the privilege of the transfer not to apply to the terminus of 
 any line or route ; provided, That nothing in this Act shall be 
 construed to affect any of the interests of the Mayor and City 
 Council of Baltimore in the said United Railways & Electric 
 Company of Baltimore ; or any of the railways consolidated' 
 under the corporated name. 
 
313 
 
 Park Tax. 
 
 797. The said several passenger street railway companies 
 shall pay to the Mayor and City Council of Baltimore, a tax 
 upon their gross receipts of nine per cent., in quarterly instal- 
 ments, on the first day of January, April, July and October, in 
 each year. 
 
 798. The Board of Park Commissioners, or any agent or 
 agents of the said Commissioners, authorized in writing by 
 a certificate signed by the president and secretary thereof, 
 shall have authority and power from time to time, and at any 
 time the said Board of Park Commissioners see fit, to make 
 examination of the books, accounts and car fare registers of 
 any or all of the street railway companies in the City of Balti- 
 more, for the purpose of satisfying said Board of Park Com- 
 missioners that returns of the "park tax" are fairly and cor- 
 rectly made by said companies, and by each and every one 
 of them; and any street railway company whose officers shall 
 neglect or refuse, on demand of said Board of Park Commis- 
 sioners, to permit the said Commissioners or any agent or 
 agents of said Commissioners authorized in writing as above 
 prescribed, to at any time inspect its said books, accounts and 
 car fare registers or any of them, shall forfeit and pay a fine of 
 one hundred dollars for each and every day it shall so neglect 
 or refuse to comply with such demand; said penalty to be col- 
 lected by an action of debt in the name of the Mayor and City 
 Council of Baltimore. 
 
 799. On default of any of the street railway companies ope- 
 rating street railway lines within the present City limits, in the 
 payment of the park tax of nine per centum of the gross receipts 
 from all street railway lines within the present City limits, for 
 the term of ten days after the expiration of any quarter, the 
 company or companies so in default shall pay a penalty at the 
 rate of thirty per cent, per annum, on the amount due from it,, 
 for the time it shall continue in default; said penalty to be re- 
 covered by an action of debt, in the name of the Mayor and 
 Citv Council of Baltimore. 
 
314 
 
 8OO. If an y officer, agent or employee of any street railway 
 company within the City of Baltimore shall knowingly, wilfully 
 -and corruptly certify to the Board of Park Commissioners a less 
 sum than is actually due as the park tax of nine per centum of 
 the gross receipts from the lines of such company within the 
 City limits, he shall be guilty of a misdemeanor, and on con- 
 viction thereof shall suffer imprisonment for not more than six 
 months in jail, or pay a fine of not more than one thousand 
 dollars, or both, in the discretion of the court. 
 
 Prohibiting Tracks on Certain Streets. 
 
 8O1 - It shall not be lawful for any person or corporation to 
 lay any railway tracks upon Mount Royal avenue between 
 Guilford and North avenues, or upon Cathedral street between 
 Saratoga street and Mount Royal avenue, or upon Saint Paul 
 street from Baltimore street northerly to the City limits, or 
 upon Calvert street from Read street northerly to the City 
 limits, or upon Gough street from Bond street easterly to Pat- 
 terson Park avenue, or upon Broadway from Baltimore street 
 north to North avenue, except upon the streets where tracks 
 are now laid, or upon Caroline street between Preston street 
 and North avenue, or upon Eager street between Park and 
 Wolfe streets, or upon the old York Road from its intersection 
 with the York Turnpike to Willow avenue, in the City and 
 'County of Baltimore, or upon McCulloh street between Eutaw 
 street and North avenue, or upon Baltimore street between 
 Patterson Park avenue and Canton street, or on Barclay street, 
 or on Biddle street between Broadway and Maryland avenue, 
 and when the tracks of the Lake Roland Elevated Railway 
 Company shall have been removed from Oak street, Hampden 
 street, Cedar avenue, Elm avenue, and Merryman's Lane, in 
 the City of Baltimore, thereafter it shall not be lawful for any 
 person or corporation to lay any railway tracks upon the said 
 portion of said streets so occupied by the said Lake Roland 
 Elevated Railway Company, or upon any of the streets, lanes, 
 avenues and highways above mentioned, without the consent 
 of the General Assembly of Maryland ; provided, that this sub- 
 division of this Article shall not restrict in any way the right of 
 any passenger railway now incorporated, or that may hereafter 
 'be incorporated, to cross said streets where such railway com- 
 
315 
 
 pany shall be authorized by the Mayor and City Council of 
 Baltimore to use any street or avenue opening into or crossing 
 said before-mentioned streets or highways. The maintenance 
 or laying of any tracks for street railways or other purposes on 
 Cedar avenue, in the City of Baltimore, be and is hereby for- 
 bidden. 
 
 RECORDS. 
 
 802. It shall be the duty of the Clerk of the Superior Court 
 of Baltimore City to formulate and prepare a new plan or sys- 
 tem for the indexing of all deeds, conveyances and other papers 
 required by law to be recorded among the land records in his 
 office, and submit the same to the Supreme Bench of Baltimore 
 City for its approval. 
 
 803. Upon the adoption and approval of the plan or system 
 of indexing authorized by the preceding section, the Clerk of 
 the Superior Court of Baltimore City is authorized and directed 
 to make and prepare for use in his said office, a new index of 
 all land records and conveyances in his keeping, upon the plan 
 or system so adopted and approved, in books suitable for the 
 purpose; and all deeds and conveyances hereafter recorded 
 among said land records, shall be indexed upon the plan or 
 system aforesaid. 
 
 804. Whenever, from age or wear, any of the record books 
 in the keeping of the Clerk of the Superior Court of Baltimore 
 City shall be in danger of destruction or obliteration, it shall be 
 the duty of the clerk of said court, when required so to do by 
 the Supreme Bench of said City, to renew any such record 
 book by transcribing the same into new books. 
 
 805. The cost of making and preparing such new indexes 
 and records shall be paid out of the fees collected by the Clerk 
 of the Superior Court aforesaid. 
 
 SABBATH. 
 
 806. No vehicle of any description shall be permitted to 
 carry ice upon the streets or highways of Baltimore City, for 
 
316 
 
 the purpose of selling the same, on the Sabbath Day, commonly 
 called Sunday. 
 
 8O7 - If any person or corporation be found guilty of caus- 
 ing or in any way contributing to the violation of the preceding 
 section, he or it shall be subjected to a fine of not more than 
 fifty dollars, in the discretion of the courts. 
 
 SCHOOLS. 
 Intestates' Estates. 
 
 808. Xhe Orphans' Court of said City shall order and direct 
 the funds arising from intestates 7 estates that may be adminis- 
 tered upon in said court, and which remain undistributed for 
 want of legal representatives of the intestates to claim the same, 
 to be paid to the Board of School Commissioners. 
 
 809. The court shall not make such order until they shall 
 be satisfied that the intestate left no legal representatives living 
 at the time of his death ; and they shall cause the administrator 
 of such intestates to give notice, by advertisement to be in- 
 serted for such periods of time and in newspapers published in 
 such places as they may deem necessary, that upon default of 
 the appearance of any legal representative of the intestate, by a 
 certain day to be fixed by the court and named in said adver- 
 tisement, the estate 6f said intestate will be paid to the Board 
 of School Commissioners. 
 
 810. They shall, upon passing an order directing such pay- 
 ment, require from the Treasurer of the Board of School Com- 
 missioners, or any other officer who may be appointed by the 
 said Board of School Commissioners or the Mayor and City 
 Council of said City to receive such funds, a receipt and release 
 to the administrator for the same. 
 
 81 ! The release shall contain an obligation that the said 
 funds shall be applied by the Board of School Commissioners 
 to the use and support of the public schools of the City of Balti- 
 more, and shall be recorded and preserved in said court as 
 other records are. 
 
317 
 
 812. if the estate of an intestate shall be paid to the Board 
 of School Commissioners under this law, and any legal repre- 
 sentatives of the intestate of no remoter degrees among col- 
 laterals than brothers' or sisters' children, shall at any time 
 appear and prove him, her or themselves to be such legal rep- 
 resentatives, the Board of School Commissioners who received 
 such estate, or their successors, if the same shall be in their 
 hands or shall have been applied to the use of the public 
 schools, shall restore the same to such legal representatives 
 out of the school fund under their direction. 
 
 813. Nothing contained in this sub-division of this Article 
 shall be construed to interfere with or affect the rights vested 
 in the Charitable Marine Societv of Baltimore. 
 
 Johns Hopkins University. 
 
 The Johns Hopkins University, a corporation duly 
 incorporated by certificate recorded in the office of the Clerk of 
 the Circuit Court for Baltimore County, shall have power to 
 establish branches of the said university in the City of Balti- 
 more, to hold, or to purchase and hold, all property in said 
 City, needed for the successful conducting of the branches of 
 the said university in said City, and to keep and maintain a 
 principal office in said City for the conduct of the business of 
 the said university. 
 
 815. The said Johns Hopkins University shall have power 
 to admit students of the said university who shall merit the 
 distinction to the office and profession of surgeon, or to the 
 degree of doctor of medicine, or of doctor of laws, or of bachelor 
 or master of arts; to grant to students in such university such 
 certificates of proficiency and attainments in any special study 
 as the said university may see proper to confer; and to grant 
 the honorary degrees of doctor of laws, doctor of medicine, and 
 master of arts, or such other degrees as may be proper, to any 
 person who may merit such distinction, whether such person 
 be a student of such university or not. 
 
318 
 
 McDonogh Educational Fund and Institute and Other Institutions. 
 
 816. The Mayor and City Council of Baltimore is author- 
 ized, upon the transfer and surrender to it, by the Board of 
 Trustees of the McDonogh Educational Fund and Institute, of 
 the City stock or certificates of indebtedness, in which the said 
 educational fund is now, under the City ordinances, invested, in 
 consideration of such transfer and surrender, to issue and de- 
 liver to the said Board of Trustees, the stock or certificates of 
 indebtedness of the Mayor and City Council of Baltimore, to 
 the amount of one million of dollars, in the form prescribed by 
 law for such certificates, redeemable in the year of our Lord 
 nineteen hundred and thirty-eight, and bearing interest, pay- 
 able quarterly, at the rate of five per cent, per annum. To pass 
 an ordinance providing for the said transfer and surrender of 
 -said City stock or certificates of indebtedness, in which the 
 educational fund derived under the will of John McDonogh, is 
 now invested, and for the issue and delivery to the Trustees of 
 the McDonogh Educational Fund and Institute, in considera- 
 tion of such transfer of said City stock or certificates of indebt- 
 edness of the Mayor and City Council of Baltimore, to the 
 amount of one million of dollars. Before the ordinance which 
 the Mayor and City Council of Baltimore is authorized and 
 empowered to pass, shall take effect, it shall be approved by a 
 majority of the votes of the legal voters of the said City, cast at 
 the time and places to be appointed by said ordinance for sub- 
 mitting the same to the legal voters of said City, as required by 
 section 7 of Article XI, of the Constitution of Maryland. To 
 appropriate annually for the Baltimore Manual Labor School 
 for Indigent Boys, sum or sums of money not exceeding fifteen 
 hundred dollars per annum. Upon transfer and surrender to 
 it, by the Peabody Institute of the City of Baltimore, of six per 
 cent. City stock, to an amount not exceeding five hundred 
 thousand dollars, to issue and deliver to the said Peabody In- 
 stitute, in consideration of such transfer and surrender. City 
 stock in the form prescribed for such certificates by the Balti- 
 more City Code of eighteen hundred and seventy-nine, re- 
 deemable in the year of our Lord nineteen hundred and fifty, 
 and bearing interest at the rate of not more than five per cent. 
 
319 
 
 per annum, payable quarterly; and to pass an ordinance pro- 
 viding for such transfer of said stock, and for the issue and 
 delivery to the said Peabody Institute, in consideration of such 
 transfer and surrender of stock or certificates of indebtedness 
 of the Mayor and City Council of Baltimore, to the amount of 
 not over five hundred thousand dollars, as authorized above, 
 bearing interest at not more than five per cent, per annum, 
 payable quarterly. 
 
 SEWERS. 
 
 If any person shall wilfully stop up, obstruct, injure 
 or damage the passage of the waters of any of the common or 
 private sewers or drains, he shall be fined a sum not exceeding 
 one hundred dollars, to be collected as other fines are collected. 
 
 818. . The Mayor and City Council of Baltimore shall have 
 full power to provide for constructing, opening, enlarging or 
 straightening, subject to the provisions hereinbefore contained 
 as to the Board of Public Improvements and the Board of Esti- 
 mates, any sewer or drain, public or private, through any pri- 
 vate property, upon giving thirty days' notice in writing to the 
 owner or agent of said private property, or to one of them, if 
 more than one, leaving such notice at the usual place of abode 
 of such owner or agent, or at the usual place of abode of one of 
 them, if more than one, or if none of said parties live in the City 
 of Baltimore, by setting up said notice on the land or premises,. 
 to provide for ascertaining what amount of actual benefit will 
 thereby accrue to the owner or possessor of any ground or im- 
 provements within or adjoining the City, being governed as 
 far as practicable by the number of superficial feet drained, and 
 to provide for assessing and levying, either generally on the 
 whole assessable property of the said City, or by a loan for the 
 special purpose for constructing, opening, enlarging or straight- 
 ening any sewer, the sum necessary to pay the expense or cost, 
 or specially on the property of persons actually benefited, the 
 whole or any part of the damages and expenses which they 
 shall ascertain will be incurred in constructing, opening, enlarg- 
 ing or straightening any sewer in any street, lane or alley, or 
 through any private property in said City ; to provide for grant- 
 
320 
 
 ing appeals to the court having jurisdiction thereof in Baltimore 
 City, from the decision of any commissioners or other persons 
 appointed in virtue of any ordinance to ascertain the damage 
 which will be incurred or the benefits which will accrue to the 
 owners or possessors of any ground or improvements for con- 
 structing, opening, enlarging or straightening in any street, 
 lane or alley, or through any private property, any sewer which 
 in their opinion the public welfare or convenience may require, 
 and for securing to every such owner or possessor the right on 
 application within a reasonable time to have decided by a jury 
 trial whether any damage and what amount of damage has been 
 caused, or whether any benefit and what amount of benefit, has 
 accrued to them ; and to provide for collecting and paying over 
 the amount of compensation adjudged to each person to receive 
 the same, or investing in stock of said corporation, bearing in- 
 terest of five per centum per annum, for the use of any person 
 who, because of infancy, absence from the City, or other cause, 
 may be prevented from receiving it, before any sewer shall be 
 constructed, opened, enlarged or straightened in any street, 
 lane or alley, or through any private property, and to enact and 
 pass all ordinances from time to time which shall be deemed 
 necessary and proper to exercise the power and effect the ob- 
 jects herein specified. 
 
 819. The amount of benefits assessed on any property for 
 constructing, opening, enlarging or straightening any sewer in 
 any street, lane or alley, or through any private property, con- 
 structed, opened, enlarged or straightened by virtue of any 
 ordinance passed by the Mayor and City Council of Baltimore, 
 shall be a lien on the property and recoverable as City taxes are. 
 
 820. No private sewer or drain shall be constructed, altered 
 or repaired without a permit from the City Engineer. 
 
 821 Before the Mayor and City Council of Baltimore shall 
 pass any ordinance under this Article relating to the con- 
 structing, opening, enlarging or straightening any sewer 
 through any street, lane or alley, or through any private prop- 
 erty, notice shall be given of an application for the passage of 
 such an ordinance in at least two of the daily newspapers of 
 said City, twice a week for sixty days. 
 
321 
 
 822. Before any Commissioners appointed by any ordinance 
 of said corporation under the preceding sections hereof shall 
 proceed to the performance of their duty, they shall give daily 
 notice, in at least two newspapers in the City of Baltimore, of 
 the object of the ordinance under which they propose to act, 
 at least thirty days before the time of the first meeting to exe- 
 cute the same. 
 
 823. Should the Commissioners appointed by the Mayor 
 and City Council of Baltimore assess any part of the expense 
 and damage incurred in the construction, opening, enlarging or 
 straightening any sewer in the City, upon the Mayor and City 
 Council of Baltimore, the said Mayor and City Council of 
 Baltimore may levy a tax on the assessable property of the City 
 for the amount of such assessment, or they may raise the neces- 
 sary amount by a loan, for the payment of which they may 
 create a sinking fund to meet the liabilities incurred ; and may 
 .also levy on the assessable property of the City of Baltimore 
 from time to time such sums as may be necessary to provide 
 therefor, and for the principal and interest of the liabilities in- 
 curred, and may pass all ordinances necessary to carry out the 
 provisions of the same. 
 
 824. The Mayor and City Council of Baltimore are author- 
 ized to issue the stock of the City of Baltimore for the amount 
 of five millions of dollars ; said stock to be issued from time to 
 time as the Mayor and City Council of Baltimore shall by ordi- 
 nance prescribe; the proceeds of said stock to be used for the 
 opening, widening, repaving and paving of streets, the con- 
 structing of sewers, the supplying of school buildings in the 
 City of Baltimore, and the improvement of the public parks. 
 The said stock shall be in such amounts, payable at such time or 
 times, and shall bear such rate of interest as the said Mayor and 
 City Council of Baltimore shall provide by ordinance ; but the 
 said stock shall not be issued unless the ordinance which the 
 Mayor and City Council of Baltimore is hereby authorized to 
 enact shall be approved by a majority of the votes of the legal 
 voters of said City, cast at the time and place to be appointed 
 by said ordinance in the provision for submitting the same to the 
 legal voters of said City, as required by section 7 of Article XI 
 of the Constitution of the State. 
 
322 
 
 SHERIFF'S FEES. 
 
 825. Th e Sheriff: of Baltimore City shall hereafter receive- 
 lor the services hereinafter recited, fees as follows : 
 
 For serving an attachment of contempt and return, one dollar 
 and fifty cents. 
 
 For an arrest on warrant and return in criminal cases, one 
 dollar. 
 
 STOCKS, LOANS AND FINANCE. 
 
 826. Xhe Mayor and City Council of Baltimore are author- 
 ized and empowered to endorse the bonds of the Baltimore 
 and Eastern Shore Railroad Company, to the extent of ten 
 thousand dollars per mile of said railroad, as the same is com- 
 pleted ; provided, that no such endorsement shall be made until 
 an ordinance of the Mayor and City Council of Baltimore, au- 
 thorizing and directing the same, and the terms and conditions, 
 and mode and manner of making said endorsement shall have 
 been submitted to the legal and qualified voters of the City of 
 Baltimore, at such time and place as may be fixed by said ordi- 
 nance, to be approved by a majority of votes cast at such time 
 and place ; pro-vided further, that the aggregate amount of such 
 endorsements shall not exceed the sum of five hundred thou- 
 sand dollars, and that the bonds so endorsed shall be secured by 
 first mortgage on the property and franchises of said Baltimore 
 and Eastern Shore Railroad, and shall bear interest at a rate not 
 exceeding three and one-half per cent, per annum; and pro- 
 vided further, that before the said ordinance shall be passed by 
 the Mayor and City Council of Baltimore, or submitted to the 
 voters of said City, the propriety of making said endorsement 
 shall receive the approval and endorsement of the Board of 
 Trade of the City of Baltimore, of the Corn and Flour Ex- 
 change, of the Merchants and Manufacturers' Association of 
 said Baltimore City, and of the Merchants and Manufacturers' 
 Association of Old Town, expressed by a majority vote of said 
 associations, respectively, and duly certified to the Mayor and* 
 Citv Council of Baltimore. 
 
323 
 
 STREETS, BRIDGES AND HIGHWAYS. 
 
 Opening Streets. 
 
 827. Whenever any property shall have been condemned 
 in any form of proceeding for the use of the Mayor and City 
 Council of Baltimore, and in consequence of infancy, insanity, 
 absence from the City, of any person or persons entitled to re- 
 ceive any money awarded in any such proceeding, conflicting 
 claims, refusal to accept or any other cause, such money can- 
 not be safely or reasonably paid to any person or persons, it 
 shall be lawful for the Mayor and City Council of Baltimore to 
 file a bill or petition in any Court of Equity in the City or 
 County where the property is condemned, or any portion 
 thereof, lies ; and whenever such court shall be satisfied for any 
 of the persons aforesaid that such money ought to be paid into 
 such court, it shall pass such decree as it shall deem proper, 
 and the payment of any money into court under any such de- 
 cree or order shall be considered in all respects equivalent to a 
 tender thereof to any person or persons entitled to such money 
 and who may be made a proper party to such proceeding. 
 
 828. Before they shall pass any ordinance under section 
 6 of this Article, paragraph "Streets, Bridges and Highways," 
 relating to the laying out, opening, extending, widening, 
 straightening or closing up, in whole or in part, of any street, 
 square, lane or alley within Baltimore City, notice shall be 
 given by advertisement published once a week for six consecu- 
 tive weeks in two of the daily newspapers in the said City, that 
 application shall be made for the passage of such ordinance, 
 which notice shall set forth clearly, in the case of laying out, 
 opening or extending any street, square, lane or alley, the 
 length or width of such street, square, lane or alley, or part 
 thereof to be laid out, opened or extended, and in the 
 case of widening or straightening shall set forth clearly 
 both the present and the intended width, and also the length 
 of any street, lane or alley, or part thereof intended to 
 be widened or straightened, and in case of closing shall set forth 
 clearly the length and width of the street, lane or alley, or any 
 part thereof, intended to be closed; and notice shall also be 
 given by filing in the office of the Commissioners for Opening 
 Streets on or before the first day of such publication, a map on 
 
324 
 
 the scale, not smaller than fifty feet to the inch, prepared by 
 some competent surveyor, whose name shall be signed to the 
 same, which, in case of laying out, opening, extending, widening 
 or straightening shall show the course and the lines of the pro- 
 jected improvement, and also the lots and buildings thereon 
 which shall be taken or destroyed, in whole or in part, and 
 which, in the case of closing, shall show the street, lane or alley, 
 or part thereof, intended to be closed, and also the abutting 
 lots and improvements thereon. It shall be the- duty of the 
 Commissioners to endorse on said map their names, with the 
 date of its being filed in their office, and to keep the said map 
 where the public may have access to it, whenever said map 
 may be needed for the purpose of being shown at any meeting 
 of the City Council or of any committee thereof, they may, on 
 the written order or request of the President of either Branch 
 of the City Council or of the chairman of such committee, and 
 on obtaining his receipt therefor, allow the said map to be 
 taken from their office for that purpose, to be returned on the 
 following day. 
 
 829. Before any commissioners appointed by any ordi- 
 nance of said corporation under the two preceding sections 
 shall proceed to the performance of their duty, they shall give 
 notice in at least two of the daily newspapers in the City of Bal- 
 timore of the object of the ordinance under which they propose 
 to act, at least thirty days before the time of their first meeting 
 to execute the same. 
 
 830. A tenant for ninety-nine years, or for ninety-nine 
 years, renewable forever, or the executor or administrator of 
 such tenant, or the guardian of an infant owner, or a mort- 
 gagee in possession, shall be deemed and taken as an owner for 
 the purposes of any application to the Mayor and City Council 
 authorized by this sub-division of this Article; and the applica- 
 tion of any such person shall bind the property so represented 
 for any assessment or tax made under an ordinance passed in 
 pursuance of the provisions of this sub-division of this Article. 
 
 831. Where real estate within the said City has been or may 
 be divided according to law among heirs, legatees, joint tenants 
 or tenants in common, entitled to the same, and such division 
 calls for any of the streets, lanes or alleys, of any part thereof 
 
3J5 
 
 surveyed and laid off under the Act of 1817, chapter 148, or 
 reserves any of the said streets, lanes or alleys, or any part 
 thereof, as open, and divides such estate with reference thereto, 
 the Mayor and City Council of Baltimore may, on application 
 of one or more persons interested in the ground to be taken on 
 such application, adopt and sanction by ordinance the principle 
 under which such division was had, and open any of the said 
 streets, lanes or alleys, or any parts thereof, in the said division 
 reserved or recognized; provided, at least one week's notice in 
 the newspapers of said City (the cost of the advertisement to be 
 paid by the applicants), be given of such application before any 
 such ordinance shall pass. 
 
 832. All the streets, lanes or alleys opened in the manner 
 directed in the preceding section shall be public highways, and 
 be subject to the laws, regulations and ordinances applicable to 
 public streets, lanes or alleys, or parts thereof, in said City. 
 
 833. They may, on application of the owners of a ma 
 jority of feet in front of any private wharf, dock, street, lane 01 
 alley, cause the same to be paved, cleaned out, mended or other- 
 wise repaved or kept in good condition or repair, and may im- 
 pose upon and collect from all the proprietors of the property 
 so to be cleaned out or repaired, a tax sufficient in amount to 
 defray the expenses thereof, which shall be assessed upon the 
 proprietors in proportion to the number of feet held by them, 
 respectively, in front or length, and shall be collected by the 
 Mayor and City Council of Baltimore as taxes levied for paving 
 public streets. 
 
 834. Whenever the Commissioner of Health shall certify in 
 writing to the Mayor that it is necessary for the health of the 
 City to alter the grade of any street, lane or alley on low or 
 made ground, the Mayor shall issue his order to the City Engi- 
 neer, who shall thereupon call upon the several property- 
 holders on such street, lane or alley, and procure from them 
 their assent in writing to such alteration; and if any property- 
 holder shall refuse to permit the same to be graded, and shall 
 require damages therefor, and cannot agree with the City Engi- 
 neer as to the amount of damages, or should there be any 
 
326 
 
 legal disability on the part of those owning property on such 
 street, lane or alley, the Judge of the Baltimore City Court, on 
 application of the corporation, shall appoint three disinterested 
 persons to assess such damages, who shall return on oath their 
 award to said court, and the same shall be confirmed by the 
 court unless cause to the contrary be shown; in which case the 
 court shall at the first term thereafter decide finally thereon; 
 and when the damages so assessed or agreed upon shall be paid 
 by the Mayor and City Council of Baltimore to the persons so 
 assessed, and legally entitled to receive the same, the Mayor 
 and City Council of Baltimore may proceed to regrade and 
 pave the said street, lane or alley. 
 
 835. The president, directors and companies of the differ- 
 ent turnpike companies owning roads running into the City of 
 Baltimore, may cede to said City such parts of said roads as 
 lie within the corporate limits of said City ; and the same, when 
 ceded, shall be in all respects subject to the same regulations 
 as unpaved public streets. 
 
 836. The Mayor and City Council of Baltimore be and it 
 is hereby authorized and empowered to accept from the owners 
 thereof, a deed of the land lying in the bed of Eutaw Place ex- 
 tended, between North avenue on the southeast and Druid 
 Hill Park on the northwest, in consideration of an agreement 
 on the part of said grantee, to be incorporated therein, that no 
 street car or other railroad tracks shall at any time thereafter 
 be located or placed on any part thereof. 
 
 837. That upon the execution of said deed and acceptance 
 thereof by the Mayor and City Council of Baltimore embody- 
 ing said contract prohibiting the locating or placing car tracks 
 upon any part of the land so to be granted, the said contract 
 shall be and is hereby declared to be forever thereafter inviola- 
 ble; provided, however, that nothing herein contained shall 
 prevent the Mayor and City Council of Baltimore from author- 
 izing by ordinance the location or construction of car tracks on 
 such part of the bed of said street as are contained within the 
 limits of intersecting or cross streets that are now or may here- 
 after be provided for by ordinance of said Mayor and City 
 Council of Baltimore. 
 
327 
 
 North Avenue. 
 
 838. The bed of North avenue, throughout its entire length, 
 shall in all respects be hereafter held as the bed of any other 
 street or avenue in Baltimore City, so far as the same be laid 
 down on Poppleton's map of Baltimore City, and subject to all 
 the conditions or requirements of any other street or avenue in 
 said City; and any and all of the ground fronting thereon, 
 -whether in Baltimore City or County, shall, in the event of said 
 -avenue, or any part thereof, being graded, curbed, paved, 
 shelled, graveled, or in any like manner improved, be subject 
 to the same assessment for the cost of said grading, curbing, 
 paving, graveling, shelling, or like improvement, as would be 
 the case with ground fronting on any other street or avenue in 
 the City, similarly to be improved as aforesaid; and such ground 
 and the owners and representatives thereof shall in such event 
 be held liable for said assessments, and the said avenue be sub- 
 ject to all the Acts of Assembly and ordinances of the Mayor 
 :and City Council of Baltimore which are now or may be here- 
 after in force and applicable for grading, curbing, paving, 
 graveling, shelling or any like improvement of streets or ave- 
 Tiues in Baltimore City. 
 
 Bridges and Highways. 
 
 839. The bridges which the County Commissioners of Bal- 
 timore County have heretofore agreed to build within the limits 
 -of the territory which has become annexed to Baltimore City 
 under the Act of 1888, chapter 98, shall be completed by the 
 City of Baltimore; and all bridges within the limits of said terri- 
 tory- shall be maintained and kept in repair for public travel at 
 the expense of Baltimore City ; all bridges crossing the Patapsco 
 river from said City, including the bridge known as the "Long" 
 or Light Street Bridge, shall be maintained and kept in repair 
 
 for public travel at the sole expense of the said City of Balti- 
 more. 
 
 840. NO avenues, streets or alleys within the territory an- 
 nexed to the City of Baltimore by the Act of 1888, chapter 98, 
 
328 
 
 shall hereafter be opened, established or condemned, nor shall 
 the dedication of any avenue, street or alley hereafter made in 
 said territory be accepted by the Mayor and City Council 
 of Baltimore, unless the lines and grades of said avenues, streets 
 or alleys be opened, established, condemned or dedicated to 
 conform to the plans, plats and surveys, defined by the topo- 
 graphical survey of the City of Baltimore, prepared under 
 the supervision of Henry T. Douglas, chief engineer, unless 
 otherwise provided in an Act of Assembly; provided, that the 
 plan of said topographical survey shall be approved by an ordi- 
 nance or formal resolution of the Mayor and City Council o 
 Baltimore. 
 
 841 - All streets, avenues or alleys lying in that portion of 
 Baltimore City, formerly constituting a portion of Baltimore 
 County, and in pursuance of the Act of the General Assembly 
 of Maryland of 1888, chapter 98, recently annexed to the said 
 City of Baltimore, which had prior to such annexation become 
 streets, avenues or alleys in Baltimore County, whether by deed 
 or dedication, shall be held for all purposes to validly consti- 
 tute streets, avenues or alleys of Baltimore City, in all respects 
 as if the same had been legally condemned as such by the Mayor 
 and City Council of Baltimore. 
 
 SURVEYOR. 
 
 842. A copy of the plat of the City of Baltimore from the 
 record thereof in the Mayor's office, or from the record thereof 
 in the office of the Clerk of the Superior Court of Baltimore 
 City, duly certified under seal by the keeper of such records,, 
 respectively, shall be evidence. 
 
 TAXES. 
 
 843. All taxes now levied, or which hereafter may be levied 
 in the City of Baltimore, shall be collected within four years 
 from the levying of the same; and the collection of taxes shall 
 not be enforced by law after the lapse of said four years, and 
 
329 
 
 the party from whom said taxes may be demanded may plead 
 this section in bar of any recovery of the same. Any person 
 enforcing or attempting to enforce the collection of any tax 
 after the lapse of four years, shall be liable to a penalty of 
 twenty dollars for each and every offence, recoverable before a 
 Justice of the Peace, in the name of the State, one-half to the 
 informer, the other half to the City of Baltimore. 
 
 TENANTS FOR YEARS OR LESS OR AT WILL. 
 
 844. Where any lands or tenements in the City of Balti- 
 more are held from year to year, the tenancy shall be terminated 
 if the lessor give to the tenant ninety days' notice before the 
 end of the year. 
 
 845 If any land be held in said City under a lease for a 
 month, or any less period than a year, and the tenant continues 
 to occupy under such lease after its expiration, he shall be 
 deemed a tenant for such period as the premises were originally 
 leased to him, and so from such period to such period; and if 
 his landlord give him thirty days' notice before the termination 
 of any period of his tenancy, it shall terminate such tenancy. 
 
 846 - If lands or tenements be held in said City by tenancy 
 at will, at sufferance or pur autre vie, thirty days' notice by the 
 landlord or reversioner to the tenant or occupant shall termi- 
 nate such tenancy at the expiration of thirty days. 
 
 Any of the tenancies mentioned in the three preceding 
 sections may be terminated by the tenant's giving notice to the 
 landlord thirty days previous to the end of the year, or other 
 period for which he holds the same. 
 
 848. The notice required by the preceding sections shall be 
 in writing and served on the tenant, or left at his place of abode 
 or business, or served on his agent or servant, or served on any 
 occupant of the premises; and if there be no person living on 
 the premises the same may be served by being set up on a con- 
 spicuous part of the premises. 
 
330 
 
 849 - Such notice shall be sufficient in form if it contains a 
 request by the landlord to the tenant to leave the premises, or 
 if it state the intention of the tenant to leave the same, and it 
 need not state the time when the tenant is requested to leave the 
 same, or when the tenant intends to do so. 
 
 85 - Such notice, without any additional notice, shall en- 
 title the landlord to the benefit of the law providing for the 
 speedy recovery of the possession of lands or tenements held 
 over by tenants. 
 
 851. If by agreement of the parties the time and manner of 
 notice is specified, such notice shall be given as the agreement 
 provides, and when given by the landlord, shall entitle him to 
 all the benefits of the preceding sections, without any other 
 notice. 
 
 852. One Justice of the Peace of said City shall have all 
 the powers conferred upon two justices and a jury by the Public 
 General Laws in relation to landlords and tenants, subject to 
 appeal as in other cases of judgments by Justices of the Peace 
 in said City. 
 
 853. if the summons issued for the tenant in a proceeding 
 to dispossess him be returned non est, a second summons, re- 
 turnable in not less than five days shall be issued, and if the 
 tenant shall not be found, a copy of the second summons shall 
 be left with the occupant of the premises, or if they be vacant, 
 affixed to some principal building, or if no building, then set 
 up on the premises ; and on the day assigned in the summons 
 for the appearance of the party the Justice shall proceed as if 
 he had appeared. 
 
 854. The landlord or reversioner may file with the Justice 
 interrogatories to be answered by the tenant touching the 
 tenancy or notice, or for any other matter of evidence in sup- 
 port of the pretensions of said landlord or reversioner, in and 
 about such proceeding. 
 
 855. if a copy of such interrogatories be served on the 
 tenant, he shall answer the same before the third day, exclu- 
 
331 
 
 sive of the day of service; and upon his failure to answer the 
 matters inquired of by such interrogatories, they shall be taken 
 as confessed by him; but on cause shown, the Justice may give 
 further time for answering, not exceeding eight days in the 
 whole, from and exclusive of the day of service. 
 
 856. The copies of said interrogatories may be served in 
 the same manner that notices to quit are directed to be served. 
 
 857 - If in any proceeding by a landlord to dispossess a 
 tenant the judgment be in his favor, the Justice shall assess 
 against the tenant holding over the premises, damages not ex- 
 ceeding double the rate of the rent of said tenancy, and also 
 for the expenses of said landlord or reversioner in and about 
 said proceeding, over and above the legal costs thereof, and 
 shall render a judgment therefor in favor of the lessor or re- 
 versioner, to be enforced by execution. 
 
 858. if the Justice shall find against the landlord or rever- 
 sioner he shall assess such damages as he shall deem just to be 
 paid by him to the tenant, for which, and costs, judgment shall 
 be rendered and enforced as aforesaid. 
 
 859. i n a ii cases the tenancy mentioned in this sub-division 
 of this Article, if the tenant, after notice, fail to quit at the end 
 of the term, or at a period when he shall begin as aforesaid to 
 be holding over, such tenant, his executors or administrators, 
 may, at the election of the lessor, his heirs, executors, admin- 
 istrators or assigns, be held as a tenant and bound to pay 
 double the rent to which the said tenancy was subject, and 
 payable and recoverable in all respects and to every effect as if, 
 by the original agreement or the understanding as to such ten- 
 ancy, said double rent were the reserved rent of the demised 
 premises, according to the terms and conditions of payment of 
 such originally reserved rent. 
 
 860. An appeal may be prosecuted from any judgment of 
 a Justice of the Peace rendered under the provisions of this sub- 
 division of this Article to the Baltimore City Court, in the 
 manner and under the rules prescribed in cases within the ordi- 
 
 5 
 
332 
 
 nary jurisdiction of Justices of the Peace; the tenant, or his 
 executors or administrators, in order to stay any execution of 
 the judgment against them, giving, on such appeals, bond with 
 security, with condition to prosecute the appeal with effect, 
 and to answer to the landlord, his executors and administrators, 
 all costs and damages mentioned in the judgment, and such as 
 shall be further incurred and sustained by reason of said appeal 
 and the delay thence arising. 
 
 861 - Such cases shall not be removable to the Baltimore 
 City Court, at any stage thereof, save by and upon appeal as 
 aforesaid. 
 
 862. No proceeding to dispossess a tenant holding over, 
 had before any Justice of the Peace and removed by appeal to 
 the Baltimore City Court, shall by such court be reversed or 
 set aside for matter of form; and any case thus removed by 
 appeal, if the proceeding thereunder shall be set aside or ap- 
 pear to be substantially defective, shall be proceeded with in 
 said court in the same manner and to the same effect, upon the 
 claim and complaint and merits, and upon evidence to be ad- 
 duced therein as it was or might have been competent to said 
 Justice of the Peace to have proceeded therewith. 
 
 863. Every such appeal shall be tried and finally deter- 
 mined and proceeded with at the first term to which such case 
 shall be removed to the said court, unless for cause shown upon 
 affidavit the court shall otherwise order. 
 
 864. The provisions of the preceding sections of this sub- 
 division of this Article, relating to tenants holding over, shall 
 extend to the heirs, executors and assigns of lessors and rever- 
 sioners, and to the executors and all persons holding under 
 tenants, and to all cases where there are two or more tenants, 
 in which case each tenant shall be entitled to the notices and 
 the benefit of each condition contained in the preceding sec- 
 tions of this sub-division of this Article. 
 
 VAGRANTS, PAUPERS, BEGGARS, VAGABONDS AND DISORDERLY 
 
 PERSONS. 
 
 865. The Judge of the Criminal Court of Baltimore, or any 
 Justice of the Peace of the City of Baltimore, upon informa- 
 
333 
 
 tion that any person in said City is a pauper, an habitual beg- 
 gar, a vagrant, a vagabond or disorderly person, shall issue a 
 warrant or order, to be directed to the Sheriff or any constable 
 or police officer of said City, commanding him to bring the 
 person against whom the information is given, before said 
 Court or said Justice on a day to be named therein, not more 
 than one week from the date of the warrant, to answer to the 
 said charge. 
 
 866. Every person who has no visible means of mainte- 
 nance from property or personal labor, or is not permanently 
 supported by his or her friends or relatives, and lives idle, with- 
 out employment, shall be deemed a pauper; and every person 
 who habitually wanders about and begs in the streets, or from 
 house to house, or sits, stands or takes a position in any place 
 and begs from passers-by, either by words or gestures, shall be 
 deemed an habitual beggar; and every person who wanders 
 about and lodges in outhouses, market-places, or other public 
 buildings or places, or in the open air, and has no permanent 
 place of abode, or visible means of maintenance, shall be 
 deemed a vagrant ; and every person who leads a dissolute and 
 disorderly course of life, and cannot give an account of the 
 means by which he procures a livelihood, and every fortune- 
 teller or common gambler, shall be deemed a vagabond or dis- 
 orderly person. 
 
 867. Police officers, acting on the request of any person, or 
 upon their own information or belief, shall, without a warrant, 
 arrest and carry before a station-house Justice for examination 
 any such pauper, habitual beggar, vagrant, vagabond or dis- 
 orderly person, and make complaint against him ; provided, 
 that in all cases where such arrest is made on request of any 
 person and without warrant, the officer making the arrest shall 
 require the person requesting it to forthwith appear before said 
 Justice and prefer a charge, under oath, against the person so 
 arrested. 
 
 868. The said Court or said Justice, upon proof that any 
 person is a pauper, an habitual beggar, a vagrant, or a vaga- 
 bond as aforesaid, shall in the discretion of the said Court or 
 Justice commit said pauper, habitual beggar, vagrant or vaga- 
 
334 
 
 bond to the Maryland House of Correction, or to such other 
 suitable place as may hereafter be provided for said purpose by 
 the Mayor and City Council of Baltimore ; provided, that any 
 person found to be a pauper or an habitual beggar who may not 
 be able-bodied, but aged, or seriously crippled or infirm, may in 
 the discretion of said Court or Justice be committed to the Alms- 
 house for said City ; and that any minor committed under this 
 Section may be sent to any reformatory institution to which 
 minors may be committed under Article 27 of the Code of Pub- 
 lic General Laws. 
 
 869. Whenever any house of refuge, house of correction, 
 workhouse or other house, building or place shall be provided 
 by the Mayor and City Council of Baltimore, to which persons 
 convicted under this sub-division of this Article may be sent, 
 the said Court or said Justice may send them to any such house, 
 building or place, if the Judge of said Court or said Justice con- 
 sider it to be a more suitable place for the purpose than the 
 Almshouse. 
 
 870. The Supervisors of City Charities, or the officers of 
 places respectively to which persons convicted under the two 
 preceding sections may be sent, shall keep them during the 
 lime for which they are to be kept, so that they cannot escape 
 from said places. 
 
 871. The said Supervisors of City Charities or other officers 
 respectively shall put such of said persons so convicted as are 
 able to work, to the work which they are best able to do. 
 
 872. The time for which any person shall be sent to the 
 almshouse, the Maryland House of Correction or other place, 
 as provided by section 868 of this Article, shall not be less than 
 one week nor more than two months for the first conviction, 
 and not less than one month nor more than six months for the 
 second conviction, and not less than six months nor more than 
 twelve months for the third or any subsequent conviction. 
 
 873. The Supervisors of City Charities or the managers of 
 the House of Refuge or officers of the other places to which 
 persons may be sent as aforesaid, shall respectively have the 
 right to make all proper rules and regulations for the purpose 
 of carrying out the aforesaid provisions. 
 
335 
 
 874. Whenever any minor shall be brought before the 
 Judge or Justice as aforesaid, the parents or guardians of such 
 minor, if they be resident within the City of Baltimore, and 
 their names and place of residence be made known to such 
 Judge or Justice, shall be summoned to show cause, if any they 
 have, why such minor should not be sent to the almshouse or 
 other suitable place, or be otherwise punished according to law. 
 
 875. The said Judge or Justice shall, if a suitable master or 
 mistress can be found, and he judges it best for the minor, bind 
 such minor an apprentice to some useful art, trade or occupa- 
 tion, in the same manner and on the same conditions as appren- 
 tices may now be bound by the laws of this State. 
 
 876. Every unmarried male under twenty-one years of age, 
 and unmarried female under eighteen years of age, shall be 
 considered minors within the meaning of the preceding section^ 
 
 877. The Orphans' Court of Baltimore City shall have con- 
 current jurisdiction over all cases of minors under the pre- 
 ceding sections of this sub-division of this Article, and exercise 
 all the powers in relation to them which are hereinbefore 
 granted to the Criminal Court and to Justices of the Peace of. 
 said City. 
 
 878. The Criminal Court of Baltimore shall try all cases 
 which may be brought before it in relation to vagrants and 
 beggars, in the same manner and at the same time as cases for 
 assault and battery are now tried by said Court; provided, that 
 the trial shall be by jury, if demanded by the party charged. 
 
 879. if i n an y cas e which may be brought before a Justice 
 of the Peace, or before the Orphans' Court, the party charged 
 shall demand a jury trial, the said Justice or said Court shall 
 certify said case to the Criminal Court of Baltimore, to be pro- 
 ceeded with and tried by said Court in the same manner as if 
 the case had been originally brought before said Court. 
 
 880. The Justice of the Peace and the Clerk of the Criminal 
 Court and Register of Wills of the Orphans' Court aforesaid, 
 respectively, shall receive the sum of twenty-five cents for issu- 
 
336 
 
 ing every warrant, and fifty cents for making out every commit- 
 ment or indenture of apprenticeship of such vagrants or beg- 
 gars; and the constable, Sheriff or police officer, for serving 
 said warrant and bringing the person charged before either of 
 said Courts, or before said Justice, shall receive the sum of 
 fifty cents, and for carrying any person committed to the place 
 of commitment, the sum of fifty cents, which several sums shall 
 be paid as other costs in criminal cases are now paid ; but either 
 of said Courts or said Justice may at discretion, adjudge that 
 the said costs shall be paid by the informer, in cases where the 
 person charged is acquitted. 
 
 VAGRANT CHILDREN. 
 
 881. No minor, if a girl, under the age of sixteen years, 
 and if a boy, under the age of fourteen years, shall be admitted 
 or permitted to remain in any saloon, place of entertainment 
 or amusement known as dance-houses, concert saloon, theatre 
 or varieties, where immoral, indecent, obscene or vulgar lan- 
 guage, display or performance is permitted, allowed or carried 
 on, or where any spirituous liquors, wines, intoxicating or malt 
 liquors are sold, exchanged or given away, unless accompanied 
 by parents or guardian. Any proprietor, keeper or manager of 
 any such place who shall admit such minor to or permit him or 
 her to remain in such place, unless accompanied by parent or 
 guardian, shall be guilty of a misdemeanor, and shall, upon 
 conviction by any court of competent jurisdiction, be fined ten 
 dollars and costs for each and every offence. 
 
 882. Every person having the custody of any girl under 
 the age of sixteen years and of any boy under the age of four- 
 teen years shall restrain such child from habitually begging, 
 whether actually begging or under the pretence of peddling. 
 Any person offending under this section shall be considered 
 and deemed as incapable of taking care of and providing for 
 such child, and such child, by reason thereof, be deemed as 
 coming within the conditions of the next succeeding section. 
 
 883. Any girl apparently under the age of sixteen years, 
 and any boy apparently under the age of fourteen years, that 
 comes within any of the following descriptions named : that is 
 
337 
 
 known to be habitually begging or receiving alms, whether 
 actually begging or under the pretence of peddling or offering 
 for sale anything, or being in any street, road or public place 
 for the purpose of so begging, gathering or receiving alms; 
 that is found wandering and not having any home or settled 
 place of abode or proper guardianship or visible means of sub- 
 sistence; that is found destitute, either being an orphan or hav- 
 ing a vicious parent who is undergoing penal servitude or im- 
 prisonment; that frequents the company of reputed thieves or 
 prostitutes, or houses of assignation or prostitution, or dance- 
 houses, concert saloons, varieties, or places specified in section 
 &8i hereof, without a parent or guardian, shall be arrested and 
 brought before a Court or Justice of the Peace. When, upon 
 examination before a Court or Justice of the Peace it shall ap- 
 pear that any such child has been engaged in any of the afore- 
 said acts, or comes within any of the aforesaid descriptions, 
 such Court or Justice, when he shall deem expedient for the 
 welfare of the child, shall commit such child to an orphan 
 asylum, charitable or other institute, or make such other dispo- 
 sition thereof as now is or may hereafter be provided by law in 
 case of vagrants, truant, disorderly, pauper or destitute chil- 
 dren; provided, however, that none of the provisions of this 
 sub-division of this Article shall be construed so as to prevent 
 children from selling or offering for sale newspapers. 
 
 884 - Any person representing himself or herself to be, or 
 passing himself or herself off as the parent or guardian of a 
 child or children referred to in any of the aforesaid sections of 
 this sub-division of this Article, when it shall appear that such 
 person is not either the parent or guardian of said child, shall 
 be deemed guilty of a misdemeanor, and upon conviction by 
 any court of competent jurisdiction shall be fined not more 
 than twenty dollars and costs for each and every offence. 
 
 Boys' Home. 
 
 885. The special objects and purposes of the Boys' Home 
 Society shall be to shelter and protect distitute and homeless 
 boys, to furnish them with food, raiment and lodging,, to stim- 
 ulate them to honest efforts to earn a livelihood, to instruct 
 them after working hours in moral and religious truths and in 
 
338 
 
 the rudiments of education, to aid and encourage them out of 
 vagrancy and ignorance, to raise them up into a better life of 
 virtue, industry and usefulness, and generally to stand in the: 
 relation of parent to such homeless boys. 
 
 886. The Boys' Home shall have authority to procure the 
 commitment of any minor in the Home, either to the House of 
 Refuge or to any other reformatory institution, in all cases 
 where, by reason of incorrigible or vicious conduct such minor 
 has rendered his control beyond the power of the superintend- 
 ent of said Home, and made it manifestly requisite that from 
 regard for the morals and future welfare of such minor and the 
 peace and order of society he should be placed in such reforma- 
 tory institution; and the said society shall proceed in all such 
 cases in the same manner in all respects as the parent or guar- 
 dian of such minor might or could do under existing laws. 
 
 887. The said society shall have power to place the boys 
 committed to their care, during the minority of such boys, at: 
 such employments and cause them to be instructed in such 
 branches of useful knowledge as may be suited to their years 
 and capacities. 
 
 Dolan Children's Aid Society. 
 
 888. The Dolan Children's Aid Society, under the charge 
 of the Young Catholics 7 Friend Society, may exercise all the 
 powers conferred by law upon any other children's aid society 
 in the City of Baltimore. 
 
 Hebrew Orphan Asylum. 
 
 889. The Hebrew Orphan Asylum of Baltimore City, and 
 the officers and board of directors thereof, subject to the 
 power hereinbefore in this Article conferred upon the Super- 
 visors of City Charities, shall have the exclusive care, charge, 
 custody and control of all children whom they shall re- 
 ceive into said asylum, until they shall be, if males, twenty- 
 one years old; if females, eighteen years old, or any shorter 
 period for which they may be received by said corporation; 
 and to bind them out for a time not exceeding said ages of 
 
339 
 
 twenty-one and eighteen years, respectively, or such shorter 
 period as aforesaid, as apprentices to learn any profession, 
 trade, business or useful occupation; or may, under terms 
 proper in the view of the said officers and board of directors, 
 and to be stipulated by them, place them for adoption, or as 
 inmates with any families or persons; said corporation, in the 
 exercise of any of these powers of binding or placing out, not 
 being limited to places within this State; and all such acts of 
 binding or placing out being required to be in writing, signed 
 by the president or vice-president of said corporation, and by 
 the persons taking the children as apprentices as aforesaid, and 
 acknowledged by said signers before a Justice of the Peace of 
 Baltimore City, Notary Public, or a Commissioner of Deeds of 
 the State of Maryland, and recorded in the office of the Register 
 of Wills of Baltimore City. 
 
 Home of the Friendless. 
 
 890. The Justices of the Peace for Baltimore City may 
 commit to or the Supervisors of Charities may place in the care 
 and charge of the Home of the Friendless, instead of sending to 
 the almshouse, all children, whether male or female, who are 
 destitute or suffering for want of support, or who may be found 
 begging about the streets of the City, or who are children of 
 beggars 
 
 891. The Home of the Friendless, and the managers 
 thereof, subject to the powers hereinbefore in this Article 
 conferred on the Supervisors of City Charities, may retain 
 the said children under their care until they shall be eigh- 
 teen years of age, or for any shorter period, and may bind 
 them out for a time not to exceed the age of eighteen years 
 in the case of females, and of twenty-one years in the case 
 of males, as apprentices to learn any trade or business, or in 
 the case of females, also to learn to be useful in housewifery, or 
 may under terms proper, in view of the said managers, and to 
 be stipulated by them, place them for adoption, or as inmates 
 with any families or persons; and the said corporation in the 
 exercise of any of the powers vested in them by this section, 
 of binding or placing out said minors, shall not be limited to 
 places within the State. 
 
340 
 
 892. All instruments binding or placing out said children 
 shall be in writing, signed by the president and at least two 
 managers of said corporation, and by the persons taking the 
 children as apprentices or otherwise, and shall be acknowl- 
 edged by the person signing the same before a Justice of the 
 Peace for Baltimore City, and within six months from the date 
 thereof recorded in the office of the Register of Wills of said 
 City. 
 
 893 - If any parent or guardian or any Judge of the Or- 
 phans' Court of Baltimore City, or any Justice of the Peace for 
 said City shall place under the care and control of the Home of 
 the Friendless, any child, whether male or female, under the 
 age of eighteen years, of the description of children herein- 
 before mentioned, or as suffering through the extreme indi- 
 gence or vagrancy or bad habits or neglect of parents, or from 
 cruelty of intemperate parents, or as being illegitimate, or chil- 
 dren of persons out of the State without sufficient sustenance, 
 the said corporation and the managers thereof shall hold and 
 control such children, with power to bind or place them out as 
 hereinbefore provided, subject, however, to the powers herein- 
 before in this Article conferred on the Supervisors of City 
 Charities. 
 
 894: - Any constable or police officer of said City, upon ap- 
 plication of any manager of the Home of the Friendless, or of 
 his own accord, may carry before any Judge of the Orphans' 
 Court for said City, or any Justice of the Peace, any child of 
 the description mentioned in the preceding section, to be dealt 
 with as therein provided. 
 
 Protestant Infant Asylum. 
 
 895. The Protestant Infant Asylum of Baltimore City, a 
 corporation duly incorporated under the laws of this State, 
 subject to the powers as hereinbefore in this Article con- 
 ferred upon the Supervisors of City Charities, is author- 
 ized and empowered to receive into its custody, care and 
 control, all such foundlings and orphans and other destitute 
 infants under the age of four years as shall be committed, by 
 
341 
 
 instrument of writing, under the hand of the party so com- 
 mitting to its keeping, by the parents, guardians or others hav- 
 ing the right of disposition, or by any Orphans' Court or Jus- 
 tice of the Peace of this State (if of the class of children whom 
 such Court or Justice could lawfully bind out as apprentices, 
 which commitment to the said Protestant Infant Asylum of 
 Baltimore City such Orphans' Courts and Justices are hereby 
 empowered to make), and retain under its care, charge and re- 
 straint each of such foundlings and infant children so com- 
 mitted to its keeping until he or she shall have attained the full 
 age of fourteen years, or for any shorter period, and at or before 
 said age to bind out any and every one of said foundlings and 
 infants for a term of time not exceeding the age of twenty-one 
 years, if the child be a male, or of eighteen years, if the child be 
 a female, as an apprentice to learn any trade or business suit- 
 able to the sex of the child, or to learn to be useful in house- 
 wifery, or to place them for adoption or as inmates with any 
 families or persons, or transfer them to the custody, charge, 
 care and training of any corporate or other home, asylum or 
 other association authorized by law to receive such children, 
 and retain or bind them out in this State ; provided, that all such 
 acts of binding, placing or transferring shall be evidenced by 
 instrument of writing, signed by the president of said Protest- 
 ant Infant Asylum of Baltimore City, and by the person or cor- 
 poration taking such child as apprentice, or for adoption, or 
 for subsequent custody, care and rearing, and by such signers 
 acknowledged before a Justice of the Peace of this State, and 
 within one month from the date thereof recorded in the office 
 of the Register of Wills of Baltimore City, at the expense of 
 the party so taking, receiving or adopting; and provided, also, 
 that the said Protestant Infant Asylum of Baltimore City shall 
 keep a fair record, in a suitable book, of the admission of all 
 children so received into its custody and care, in which shall 
 be stated the date of admission, the name and age of the child 
 at the time of admission, the name of the person or Justice by 
 whom or the Court by which committed, and the name of the 
 nearest relatives when known to the corporation or its officer 
 charged with the admission of inmates. 
 
342 
 
 St. Vincent's Orpftan Asylum. 
 
 896. Any Justice of the Peace of the City of Baltimore may 
 commit to, or the Supervisors of City Charities may place 
 in the care of the St. Vincent's Orphan Asylum of the City 
 of Baltimore, foundlings and all children who may be desti- 
 tute or suffering for want of support, either as orphan chil- 
 dren or because of the extreme indigence or vagrancy, or bad 
 habits or neglect of parents, or who may be found begging 
 about the streets of said City, or who may be the children of 
 beggars; provided, however, that such children shall be under 
 the age of six years when so committed, and that the commit- 
 ment shall be in writing, signed by the person making the same. 
 
 897. All children who shall be committed or placed as 
 aforesaid, subject to the powers hereinbefore in this Article 
 conferred on the Supervisors of City Charities, shall remain 
 subject to the power and control of the officers and direc- 
 tors of said asylum, and may be bound or apprenticed or 
 otherwise disposed of by said officers and directors, as fully 
 and in the same manner as is provided for the foundlings and 
 infant orphan children in said asylum, by the Act of the Gen- 
 eral Assembly of 1862, chapter 93, entitled "An Act to author- 
 ize the Saint Vincent's Infant Asylum of the City of Baltimore 
 to bind out and control the destitute children under their care." 
 
 Henry Watson Children's Aid Society. 
 
 898. The Judges of the Orphans' Court of Baltimore City, 
 the Judge of the Criminal Court and any Justice of the Peace 
 are authorized and empowered to deal with and commit to, 
 and any police officer or constable or the Supervisors of City 
 Charities may take charge of and place temporarily in the care 
 of the President and Board of Managers of the Children's Aid 
 Society of Baltimore, any minor, whether male or female, in the 
 same manner and under the same circumstances as they are au- 
 thorized to deal with and commit minors to or place them in the 
 care and charge of the Home of the Friendless, under this sub- 
 division of this Article ; and the President and Board of Man- 
 
343 
 
 .agers of said Children's Aid Society of Baltimore, are vested 
 in regard to all minors, male or female, with all the rights, 
 powers and authority which the Home of the Friendless or the 
 President and Managers thereof by this sub-division of this 
 Article are vested with ; and are to observe the same forms and 
 regulations in regard to the binding out, adopting or otherwise 
 disposing of minors, male and female, committed to them by 
 virtue of this section. 
 
 899. The children received under the care and charge of 
 .the corporations and institutions mentioned in this sub-division 
 of this Article shall be and remain under their control and re- 
 straint and under their charge, and of the officers and managers 
 .and agents thereof, and bound to obedience to their rules, regu- 
 .lations and discipline, to every effect as apprentices are bound 
 in respect to their masters and mistresses, and subject to all 
 laws concerning the duties, liabilities, privileges and rights of 
 apprentices, subject, however, to the powers hereinbefore in 
 :this Article conferred upon the Supervisors of City Charities. 
 
 WAITRESSES IN PLACES OF PUBLIC AMUSEMENT. 
 
 9O - It shall not be lawful for any proprietor, lessee or 
 rtnanager of any theatre, museum or other place of amusement, 
 to employ women or girls as waiters, or to permit them to act 
 in such theatre or place of amusement, or among the audience 
 or frequenters of such theatre or place of amusement as waiters, 
 or for the purpose or under the pretence of selling, serving, re- 
 ceiving orders or pay for spirituous or malt liquors, wines, lager 
 beer, or any other refreshments or merchandise. 
 
 9O1 Any person violating the provisions of the preceding 
 section shall be deemed guilty of a misdemeanor, and on con- 
 viction thereof in the Criminal Court of Baltimore, shall be 
 sentenced to pay a fine of not less than one hundred nor more 
 than one thousand dollars, or to imprisonment in jail not less 
 than one month nor more than six months, or to both fine and 
 imprisonment, at the discretion of the court, and to forfeiture 
 of license, one-half the fine to be paid to the informer and the 
 other half to the State. 
 
WATER. 
 
 Lake Roland, Reservoirs and Dams. 
 
 9O2 - If any person shall wilfully pollute the water in an> 
 lake, dam, reservoir, line of conduit, water-pipe, gate-house, or 
 other work constructed or used for supplying the City of Balti- 
 more with water, by swimming, bathing or washing therein, or 
 by washing, or causing to be washed therein, or so near thereto 
 as to pollute the water therein, any clothes, the skin of any 
 dead animal, or any impure, fetid or noxious animal or vege- 
 table matter, or shall throw, or cause to be thrown therein, or 
 so near thereto as to pollute the water therein, any impure,. 
 fetid, or noxious animal or vegetable matter, the person so- 
 offending shall forfeit and pay a sum not less than five nor 
 more than fifty dollars for each offence. 
 
 If any person shall erect, or cause to be erected, any 
 privy, hog pen, bleaching or dyeing establishment, or other 
 thing, over any lake, dam, reservoir, line of conduit, water-pipe^ 
 gate-house or other work constructed or used for supplying the- 
 City of Baltimore with water, or- so near thereto as to pollute 
 or discolor the water therein, the person so offending shall for- 
 feit and pay a sum not exceeding fifty dollars, and the further 
 sum of ten dollars for each and every day the same shall remain 
 after notice to remove same shall have been given. 
 
 If any person shall injure, or cause to be injured, 
 defaced or destroyed, any dam, reservoir, line of conduit, water- 
 pipe, gate-house, stop-cock, or other thing used for supplying- 
 the City of Baltimore with water, the person so offending shall 
 forfeit and pay a sum of not less than five nor more than fifty 
 dollars for each offence. 
 
 9O5. All fines and forfeitures imposed by the preceding 
 section shall be recoverable by warrant before any Justice of 
 the Peace in and for the City of Baltimore, or in and for Balti- 
 more county, according to the respective jurisdiction under 
 which any of the offences herein set forth may be committed; 
 
345 
 
 one-half to the informer and the other half to the Mayor and 
 City Council of Baltimore. 
 
 9O6. The two preceding sections shall not be construed to 
 exempt any person who may have been fined for a violation 
 thereof, or who may be charged with a violation thereof, from 
 an action of damages for any injury or destruction of any part 
 of the works used in supplying the City of Baltimore with 
 water, in any suit for damages on account of said injury, 
 brought by the Mayor and City Council of Baltimore. 
 
 SECTION 2. And be it further enacted, That this Act shall not 
 affect or impair any right vested or acquired and existing at 
 the time of the passage of said Act; provided, that this section- 
 shall not be construed to make irrepealable or irrevocable any 
 right which before the passage of this Act was repealable or 
 revocable; nor shall said Act impair, discharge or release any 
 contract, obligation, duty, liability or penalty whatever now 
 existing. All suits and actions, both civil and criminal, pend- 
 ing or which may hereafter be instituted for causes of action 
 now existing or offences already committed against any law or 
 ordinance repealed by this Act, shall be instituted, proceeded 
 with and prosecuted to final determination and judgment as if 
 this Act had not been passed. No tax levied or any proceeding 
 taken for the collection of any such tax or the enforcement of 
 the payment of the same, before the passage of this Act, or the 
 taxes levied for the year eighteen hundred and ninety-eight, if 
 levied after the passage of this Act, shall in any manner be af- 
 fected by the passage of this Act, and the mode of procedure in 
 any such matter shall be the same as if this Act had not been 
 passed. 
 
 SECTION 3. And be it further enacted, That all laws now in 
 force relating or applicable to the Mayor and City Council of 
 Baltimore or the City of Baltimore, and not included in this 
 Act, and not inconsistent with said Act, and all ordinances of 
 the Mayor and City Council of Baltimore now in force and not 
 inconsistent with this Act, shall be and they are hereby con- 
 tinued until changed or repealed, respectively, by the General 
 Assembly of Maryland or the Mayor and City Council of 
 
346 
 
 Baltimore, provided, that all Acts or parts of Acts passed at the 
 session of the General Assembly of Maryland in the year eigh- 
 teen hundred and ninety-eight, relating to the Mayor and City 
 Council of Baltimore, or the City of Baltimore, or in any man- 
 ner amending or adding to Article 4 of the Code of Public 
 Local Laws, as said Article existed before the. passage of this 
 Act, shall in no wise be affected by the passage of this Act, 
 but all such laws shall have the same force and effect as if this 
 Act had not been passed. The provisions of this Act shall 
 not have the effect to enlarge or extend in any manner the 
 rights or privileges of the Mayor and City Council or other 
 authorities of the City of Baltimore outside of the limits and 
 boundary of said City, beyond or in addition to those now 
 limited to, and exercised by said City under the present laws. 
 
 SECTION 4. And be it further enacted, That all officers pro- 
 vided for or named in said Act, whether by election or appoint- 
 ment, shall continue to hold, exercise and discharge the duties 
 of their respective offices, until they shall be superseded under 
 the provisions ot said Act, and until their successors shall be 
 duly qualified, and nothing contained in said Act shall be con- 
 strued to interfere with the continuity of the terms or tenure 
 of any of said officers ; nor shall a reappointment or re-election 
 of any of said officers be necessary in order to secure the said 
 continuity of their said terms and tenures of office, unless 
 otherwise provided in said Act. 
 
 SECTION 5. And be it further enacted, That this Act shall 
 take effect from the date of its passage, and this Act shall not 
 be published, nor a certified copy of the same furnished to the 
 City Register, as required by the provisions of Article 76 of the 
 Code of Public General Laws. 
 
 APPROVED MARCH 24, 1898, 4:37 P. M. 
 
347 
 
 LAWS RELATING TO BALTIMORE CITY 
 
 PASSED BY THE LEGISLATURE OF 1900, AND 
 NOT CODIFIED. 
 
 ACT OF I9OO, CHAPTER 149. 
 
 An Act to Prohibit the Laying of Railways Tracks Upon 
 Chase Street, Between Broadway and Maryland Avenue, 
 in the City of Baltimore, Without the Consent of the 
 General Assembly.- 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That it shall not be lawful for any person or corporation 
 to lay any railway tracks upon Chase Street, between Broadway 
 and Maryland Avenue, in the City of Baltimore, without the 
 consent of the General Assembly of Maryland. 
 
 SECTION 2. And be it further enacted, That this Act shall 
 take effect from the date of its passage. 
 
 ACT OF I9OO, CHAPTER 150. 
 
 An Act to Authorize the Governor to Appoint Ten Additional 
 Notaries Public for Baltimore City. 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That the Governor, by and with the advice and consent of 
 the Senate, be and he hereby is authorized to appoint ten ( 10) 
 Notaries Public for Baltimore City, in addition to the number 
 now authorized by law. 
 
 SECTION 2. And be it enacted, That this Act shall take effect 
 from the date of its passage. 
 
 ACT OF I9OO, CHAPTER 152. 
 
 An Act to Authorize the Mayor and City Council of Baltimore 
 to Issue the Stock of Said Corporation to an Amount 
 Not Exceeding One Million, Three Hundred and Fifty 
 Thousand Dollars, for the Purpose of Providing a Pub- 
 lic Lighting Plant to Supply Light to Said City and to 
 the Inhabitants Thereof, and to Authorize the Submis- 
 sion of an Ordinance for that Purpose to the Legal 
 Voters of Said City. 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That the Mayor and City Council of Baltimore be and is 
 
348 
 
 hereby authorized to issue its stock to an amount not exceeding 
 One Million Three Hundred and Fifty Thousand Dollars, to be 
 issued from time to time in such amounts, and payable at such 
 time, and bearing such rate of interest, as the sai-d Mayor and 
 City Council of Baltimore shall by ordinance prescribe. The 
 proceeds of said issue to be used to provide a Public Lighting 
 Plant to supply the said City and the inhabitants thereof with 
 light, but said .stock shall not be issued unless the Mayor and 
 City Council shall by ordinance determine to erect and equip 
 such Public Lighting Plant, and unless the ordinance providing 
 for the issue of said stock shall be approved by a majority of 
 the legal voters of said City, cast at some time and' place to be 
 fixed by said ordinance in a provision for submitting the same 
 to the legal voters of said City, as required by Section 7 of 
 Article XI of the Constitution of this State. 
 
 SECTION 2. And be it further enacted, That this Act shall 
 take effect from the date of its passage. 
 
 ACT OF 1900, CHAPTER 263. 
 
 An Act to Provide a Special Fund, as Authorised by Chapter 
 123, Section 2, of the Acts of the General Assembly of 
 Maryland, Session 1898, Title " City of Baltimore," sub- 
 Title " Charter,'' sub-Title " General Powers," sub-Title 
 " Police," and to Care For and Regulate the Distribution of 
 Said Fund. 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That the Mayor and City Council of Baltimore shall, upon 
 the request of the Board of Police Commissioners of the City 
 of Baltimore, appropriate annually a sum of money for the 
 relief of disabled and superannuated members of the police 
 force of Baltimore City, and for the relief of widows and chil- 
 dren of policemen who may be killed in the discharge of duty, 
 whenever the special fund of said Board of Police is not suffi- 
 cient for the payment authorized by and under the Acts of the 
 General Assembly heretofore passed. 
 
 SECTION 2. And be it enacted, That this Act shall take effect 
 from the date of its passage. 
 
349 
 
 ACT OF I9OO, CHAPTER 269. 
 
 An Act to Provide Additional Revenue for the Special Fund of 
 the Board of Police Commissioners of the City of Balti- 
 more, to be Derived From the Granting or Issuing Per- 
 mits to Give Public Dances, Soirees, Masked Balls, Box- 
 ing or Athletic Contests, or Either of Than, in the City 
 of Baltimore. 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That the Board of Police Commissioners of the City of 
 Baltimore are hereby authorized to issue permits for the giving 
 or holding of public dances, soirees, masked balls, boxing or 
 athletic contests, or either of them, in the City of Baltimore. 
 
 SECTION 2. No public dance, soiree, masked ball, boxing of' 
 athletic contest, or other public entertainment of like kind, to 
 or for which an admission fee shall be charged, shall be held, 
 given or permitted in the City of Baltimore except upon condi- 
 tions that a license or permit fee of not less than five dollars 
 nor more than one hundred dollars shall first be paid to the 
 Secretary of the Board of Police Commissioners, who are 
 authorized to demand and receive the same for the benefit of 
 the special fund; provided, that nothing herein contained shall 
 interfere with any permits authorized, issued or collected by the 
 authority of the Mayor and City Council of Baltimore City. 
 
 SECTION 3. And be it enacted by the General Assembly of 
 Maryland, That this Act shall take effect from the date of its 
 passage. 
 
 ACT OF IQOO, CHAPTER 274. 
 
 An Act Directing the Appeal Tax Court of Baltimore City Not 
 to Issue Any Permit for the Erection of New Buildings 
 in Said City Until All Taxes Due Are Paid on the Land 
 Upon Which Said Buildings Are to Be Erected. 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That before the Appeal Tax Court of Baltimore City 
 grants any permit for the erection of new buildings, it shall be 
 shown to the said Court to its satisfaction that all taxes due 
 and unpaid are fully paid upon the land on which said new 
 buildings are proposed to be erected, and no permit as aforesaid 
 shall be issued until the Court is so satisfied, and an appeal is 
 allowed from this, as in other cases before said Court, as is 
 allowed bv law. 
 
350 
 
 SECTION 2. And be it further enacted, That this Act shall 
 take effect from the date of its passage. 
 
 ACT OF 1900, CHAPTER 280. 
 
 An Act to Ratify and Confirm the Ordinance of the Mayor and 
 City Council of Baltimore, Number 32, Approved Feb- 
 ruary 8, 1900, Supplementary to, and in Amendment of, 
 Ordinance Number 18, Approved March 9, 1898, the 
 Subject-Matter of Both of Said Ordinances Being the 
 Issuing of the Stock of the Mayor and City Council of 
 Baltimore for the Purpose of Paying Certain Mortgage 
 Bonds of the Western Maryland Railroad Company, 
 Guaranteed by the Mayor and City Council of Balti- 
 more; and for the Purpose of Paying Certain Stock of 
 the Mayor and City Council of Baltimore Theretofore 
 Issued By It on Behalf of the Western Maryland Rail- 
 road Company. 
 
 Whereas, by the Act of Assembly of Maryland of 1898, Chap- 
 ter 210, approved April 7, 1898, the Ordinance of the Mayor 
 and City Council of Baltimore, No. 18, approved March 9, 1898, 
 was ratified and confirmed, and full power and authority was, 
 by said Act of Assembly, conferred upon the Mayor and City 
 Council of Baltimore to issue and sell the stock mentioned in 
 said ordinance, and to execute the mortgage to the Mayor and 
 City Council of Baltimore therein mentioned ; and 
 
 Whereas, said ordinance was subsequently submitted to the 
 legal voters of the City of Baltimore, and by a majority of them 
 duly approved; and 
 
 Whereas, subsequently thereto the Mayor and City Council 
 of Baltimore passed an ordinance supplementary to, and in 
 amendment of, said Ordinance No. 18, approved March 9, 1898, 
 which supplementary and amending ordinance was approved 
 February 8, 1900, being Ordinance No. 32, the title whereof 
 is set forth in the first Section of this Act. Now, therefore : 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That the ordinance of the Mayor and City Council of 
 Baltimore, approved February , 1900, being Ordinance No. 
 , and entitled " An ordinance supplementary to, and in amend- 
 ment of Ordinance No. 18, approved March 9, 1898, entitled 
 4 An ordinance to provide for issuing the stock of the Mayor 
 and City Council of Baltimore, and to sell the same for the pur- 
 pose of providing means to enable the Western Maryland Rail- 
 
351 
 
 road Company to pay and extinguish all of its third mortgage 
 bonds amounting to eight hundred and seventy-five thousand 
 ($875,000) dollars, guaranteed by the Mayor and City Council 
 of Baltimore, when the same shall mature on the first day of 
 January, 1900; and also to enable the Mayor and City Council 
 of Baltimore to pay and extinguish one million ($1,000,000) 
 dollars of the stock of the Mayor and City Council of Baltimore 
 loaned to the Western Maryland Railroad Company, and falling 
 due on the first day of January, 1902, secured by a covenant of 
 the Western Maryland Railroad Company with the Mayor and 
 City Council of Baltimore, bearing date the third day of April, 
 1872, and recorded among the Land Records of Baltimore City, 
 in Liber G. R, No. 561, folio 16, etc., and to provide a sinking 
 fund for the redemption of the stock authorized to be issued 
 by this ordinance,' " be and the same is hereby ratified and con- 
 firmed, and it shall have the same force, effect and operation in 
 all respects whatsoever, as if before its passage, the Mayor and 
 City Council of Baltimore had been, by an Act of the General 
 Assembly of Maryland, expressly authorized to pass the said 
 ordinance. 
 
 SECTION 2. And be it further enacted, That this Act shaU 
 take effect from the date of its passage. 
 
 ACT OF lOXX), CHAPTER 442. 
 
 An Act to Amend Section 6^G of Article IV, entitled " Li- 
 cense," sub-Title " Liquor and Intoxicating Drinks," of 
 the Code of Public Local Laws of Maryland. 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That Section 653G, of Article IV, of the Code of Public 
 Local Laws, entitled " Elections," sub-title " Liquor and Intox- 
 icating Drinks," be amended and re-enacted so as to read as 
 follows : 
 
 SECTION 653G. Every person applying for a license to- 
 sell intoxicating liquors in said City shall file with the 
 said Board his, her or their petition for such license, and 
 the Board shall cause notification of said petition to be 
 published three times in three newspapers of general 
 circulation in said City, (one of which shall be printed 
 in the German language) to be designated by said Board, 
 the first publication to be not less than fifteen nor more 
 
352 
 
 than thirty days before the time fixed by the Board for 
 action on said petitions. 
 
 ACT OF lO/X), CHAPTER 446. 
 
 An Act to Add a New Section to Article LVl, of the Code of 
 Public General Laws, Title " Licenses," to Folloiv Sec- 
 tion 8iB, and to Be Designated as Section 8iC. 
 Whereas, as the money derived from the liquor licenses in 
 the City of Baltimore is divided in the proportion of three- 
 fourths to the City of Baltimore, and one-fourth to the State, 
 and 
 
 Whereas, Chapter 246, of the Acts of 1898, required the clubs^ 
 societies and associations in the City of Baltimore selling intox- 
 icating liquor to take out licenses, as provided in said Act, and 
 the revenue so derived should be divided in the above propor- 
 tions. Therefore, 
 
 SECTION i. Be it enacted by the General Assembly of Mary- 
 land, That one new Section be and the same is hereby added to 
 Article LVI, of the Code of Public General Laws, title " Li- 
 cense/' to follow Section 8iB, the said Section 81 B having been 
 added to Article LVI, of the Code, by Chapter 246, of the Laws 
 of 1898, to be designated as Section 8iC, and to read as fol- 
 lows : 
 
 SECTION 8iC. The whole of the money received by 
 the Clerk of the Court of Common Pleas in the City of 
 Baltimore for the licenses granted shall be paid over 
 quarterly by the said Clerk of the Court of Common 
 Pleas to the State, as now provided by law, and when so, 
 paid over, the Comptroller of the Treasury shall draw 
 his warrant upon the Treasurer of the State of Mary- 
 land in favor of the Mayor and City Council of Baltimore 
 for three-quarters thereof, to be applied to the general 
 use of said City. 
 
 SECTION 2. And be it enacted, That this Act shall take effect 
 from the date of its passage. 
 
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