[ADVERTISEMENT.] WINGATE'S MARYLAND REGISTES, Foil 1874-'75-'G. GREATLY ENLARGED AND IMPROVED; BY JAMES WI3MGATE. Published Under aA Act of the Leoislatcee Subsceieing for 300 Copies. Large Octavo, 670 Pages, Price $4.00. iVt) other State has a similar Publication. FOR SALE BY BOOKSELLERS AND AGENTS. Tlie following are some of the commendatory notices of the pre\nous volumes of the "Maryland Register." in comparison with -whicli, the present volume is greatly superior in every respect. OPINIONS OF THE PRES«- From the Baltimore Dciiy Sim, of June 28, 18.50. '"The Martlaxd Register' i« the frnit of arrlnona research, great labof .liic large experience, and it will prove, we doubt not, one of the mo^^t n^efnl ])nblica- tious of its class that has ever been made. To the people of Maryland it will be of infinite service." From the Baltimore Daily American. "'Winerate's Maryland Register' forma an indispen--able record of information foi the use of merchants, lawyers and business men. We have rarely seen a more fren- -^•crally useful compend. or one upon which more labor and care in the compilation has been exjiended. The author is certainly entitled to great praise for the pro- duction of a work which cannot fail to be eminently serviceable to the public, and instructive to many in the performance of public duties. The last Legislature sub- scribed for three hundred copies for the use of the State,"' &c., &c. The BriJtiniore Patriot says:— "Winirate's Marylan i Register is one of the mo>t useful books we know, for legal, political and business purposes," &c.. &c. The Americm Democrat pay«: — '•Wiu'_'ate"s Maryland Register is one of the mot important works to the politicians and business men of this State ever presci;;e;l lo the public," &c., &c. The Baltimore Clipper says :— "The Register is a le?al, political and luT'iii""^ work greatly needed for purposes of reference, and is a most excellent compila- tion," &c., &c. The Ba'timore Eep^/blican Baya :— "Wingate's Maryland Register is a very valnahlc book, and indispensable to merchants and business men as well as to all who wish to become familiar with the political institutions and government of their State," &c. The Fredfick, Mrl. Ecraminer says :— '-We express our great obligations for a copy of the second edition of 'The Maryland Register, fcr 1857. a leiral.'political and business manual, by James Wingate, Esq.' Too much praise cannot be awarded to the capable and indefatigable author for compiling a work so generally useful, in such an admirable form : and furnishing it at a cheapor price than any volume of the same amount of reading matter has ever before been published in this State. Every one should possess a work so convenient for reliab'e reference, and so replete with desirable information." 1 11 OPINIONS OF THE PRESS. The Upper Marlborough Planters'' Advocate says :— "We are indebted to Mr. James WiNGATE, of Baltimore for a copy of his work • The Maiyland Jiegister,' of which the second edition has just been published: .-ind we take pleasure "iu testifviu-^ toils usefuluesf! and value. It is eiuphaticnUy a 'Maryland b() necessary for business men can be obtained. We cordially com- mend it to the patronage of the public." Fro)7i the BockvUle, Md., Sentinel, of May 1, 1857. " -WiNGATE's Martlaxd REGISTER,' for a copy of which we are indebted to the compiler, is a work of commanaiug merit, supplying a want long felt bv the business classes of Maryland. To professional gentlemen this publication "is peculiarly valuable, by reason of the ready access it furnishes to points heretofore requirinir laborious and voluminous search. For the purpose of sreneral reference this work is a complete -'vade mecum." and should be in the hands of every Marylander en- gaged in public business of any kind." From the Fredeiick, Md., Citizen, of A]yrU 24, 1857. "•WixGATE's Maryland Register,' for a copy of which we are indebted to the author, is a work whose great value no lawyer, politician or iutelliirent business man will fail to appreciate, upon even the m'o^st superficial examination of its con- tents. No one understanding the merits of the book, able to purchase a copy, will consent to be without one." From the Boonsboro', Md., Odd Fellow, of April 2.3, 1857. •• 'WiNGATE's :Maryland REGISTER."— It is a most valuable book, one that should be iu the hands of every man in the State. Its usefulness can only be known by an examination of the volume."' Fro7n tlu Westminster, Md., Anwricarh Sentinel, of April 21, 1857. " -iULYLAND Register.'— We are under great obligations'to the author, James Wingate, Esq.. for a copy of the above bookt which is the most acceptable "oook we have received for the past year, and heartily commend its purchase to our friends." From tlie Frederick Citizen. " 'WiNGATE's Maryland Register.'- Those who desire a large amount of statis- tical, legal and other information adapted to every condition of life, and who are not dispoj-ed to purchase a great number of costly works, and who if thev had them, have not the leisure to consult them, to such, Wiugate's Register of Marvland, is an indispensable work. It abounds with information put up in an easy popular style, particularly suited to meet the wants and necessities of the masses, while to' all other? who wish to make speedy reference in the legal profession and other business operations, it is of incalculable value," From the Frederick Union. •• 'WiNGATE's Maryland Register.'— This is one of the most useful publications of the day, and contains precisely such information as all classes of societv stand constantlv iu need of, and which, if not obtained from the pages of this work, must be sought for elsewhere at much greater expense and pains. How so much import- ant information can be compressed within such narrow limits, we cannot conceive. Every page glows with interest and information. It should be the constant com- panion of ever> head of a family in the ijtate of Maryland. No work or recent pub- lication has been so highly recommended by the Press, the legal profession, and iu fact, by all who are capable of understanding its real merits, as the work now before us.'' From the Baltimore DaUy Sun, of October, 1856, "■WiNGATE's Maryland Register."— This very useful work, which we have heretofore spoken of as in press, is now published, and we freelv declare that its great valne had only been partially appreciated by us. We have carefullv examined several of the most important departments of tlie volume, and find them iu detail and analysis so carefully digested that the most fastidious criticism is anticipated l)y the completeness of the work. It is little to say that for a book of so much prac- tical value, as well as originality, Mr. Wingate has earned the substantial approval of the public. In this age of menial comiietition great credit is due to anv person who can strike out a new path of usefulness. As no publication of this kind has ever appeared even in the enterprising States of the North, and as the plan of tke work is of undoubted merit, inasmuch as it will supply an important i)ublic want, the public are under obligations for the conception, as well as for the immense laboi involved in its execution. As the author has been successful in previous pub- lications, which, we have the highest authority for asserting, have proved ad\an- tageous to the State, we hope that this volume, thoiu'li designed as a popular work, may also prove advantageous and pecuniarily tucccssluU" \^J vVv* <>Aii, WINGATE'S Q, MARYLAND REGISTER A LEGAL, POLITICAL AND BUSINESS MANUAL; Greatly Enlarged and Improved, :Bizr j-^ivcEis ^^at x nsr a- jl a? e ^ COMTAINING THE NAMES ANn DUTIES OP THE PUBLIC OFFICERS OF MARYLAND, STATE, COUNTY AND CITY, CNDER TUB CONSTITUTION AND GENERAL AND LOCAL LAWS OF THE STATE, WITH THE LAWS RELATING TO THEIR ELECTION OR APPOINTMENT, QUALIFICATION, COMPENSATION, &C. A L S O , T 11 E MUNICIPAL OFFICERS OF BALTIMORE CITY, AND THEIR POWERS AND DUTIES UNDER THE LAWS AND ORDINANCES OF THE CITY ALSO, THE Oicers of tte General Goyernmeut in MarylanJ, WITH THEIR DUTIES AND SALARIES, ALSO THE POLITICIAN'S REGISTER, CONTAINING THE ELECTION LAWS IN FULL, FOR NATIONAL, STATE AND COCNTt OFFICERS ; ALSO, THE LAST ELECTION RETURNS FOR NATIONAL, STATE, COUNTY AND CITY OFFICERS. ALSO MISCELLANEOUS ARTICLES: The Attorneys at Law, Physicians and their Fee Table, &c., &c.. Rates AND Rules of Postage, &c., &c., &c. THE GOVERNMENT OF THE UNITED STATES. &c., &c., &c. BALTIMORE: 1875. Entered, according to Act of Congress, in the year 1873, BY JAMES WINGATE, In the Office of the Librarian of Congress, at Washington. Printed by John W. Woods. PREFACE TO MARYLAND REGISTER, For i874-'75-'76. The large and improved volume of "Wingate's Maryland Regis- ter," which is now presented to the pulilic, will, it is hoped, be found of increased usefulness and value over the former volumes of the work. The object of the book is to define the powers and duties of all the public officers of the State, elected or appointed under the Constitu- tion, the General and Local Laws and Municipal Ordinances. This will, of course, be more useful and satisfactory to the parties than the brief abstracts of the laws, &c., given in the previous volumes. Full references are made to the Acts of Assembly, defining the duties, &c., of public officers since the codification of 1860. The Constitution of the State is published in full, with an index expressly prepared for this work. The "Politician's Register," from page 524, furnishes the laws relating to Registration of Voters, the Election Laws, the Enforce- ment Act of Congress or "Civil Rights Bill," &c., summary of State Elections, tlie votes for President, Governor, Members of Congress, and all other elections in the State. A iH'ominent feature of the book is the number of Miscellaneous Ar tides, not necessarily pertaining to the work, but valuable for refer- ence, among which are the following: The members of the Constitu- tional Conventions of the State, from the commencement of the Govern- ment in 1776 to the present time; the names and terms of service of all the Judges of Maryland from 1777 ; also the Chancellors, the Attor- neys General, &c. ; the Lords Proprietary and Governors of the State from 1632; the United States Senators from 1789; the members of the General Assembly and its officers from 1861 to 1874 inclusive; the Comptrollers and Treasurers of the State, &c. ; the Mayors of Baltimore City, &c. The Government of the United States is also added, and a great variety of other articles. It is proposed to republish the book every two years, after each ses- sion of the General Assembly, with all the changes in officers and the laws relating to them. The work has been stereotyj^ed with this view and to enable the book to be sold hereafter at a reduced price. JAMES WINGATE. ' Baltimore, Jannary, 1875. P. S.— It is proper to state that this book was intended for publication sometime since, but its proi;;ress has been interrupted by two disastrous fires; ihe 1,'rcat tiic in yaratoija street caused the loss of manuscripts, and the recent fire on youth -trect destroyed stereotype plates and proofs of the work. The book, however, is none Ihe less valuable, that it gives the legislation and uames of officers to the present writing. 75 HISTORY OF THE WORK. The "Maryland Register" was first published by the undersigued in 1856, pre- vious to the first codiflcation of the laws of the State, which was iu ISCO. The work was prepared with great labor aud care, as the followiug extracts from the Preface will show : [Preface to First Volume.] "It is believed that this publication will supply an important public want. The plan of the work is new. and its character is not fully indicated by its title. The 'Maryland Hegister' is designed to furnish the people of this State with a cheap vohime, containing correct and ample information upon every subject connected with thf organization aud administration of the State Government— throngli all its Departmeatsand Political Divisions— by defining the official position, dutic--, &c., of every public officer, elected or appointed, under its Constitution or Laws. I'his iuformation was hitherto acquired, by those who wished to become familiar with the practical operation of the institutions of their State, only by a long and toilsome study of the statutes, or by years of observation and inquiry, aided, jjcrhaps, by personal cxperieuce in some one or more of the many branches of the public service."' "The preparation of this work required the study aud analysis of nearly the whole statute law of the State, from the earliest colonial legislation to the present time. The laborious and difficult task of extracting those provisions of law which alone possess vitality aud force from the multitude of complex acts, abounding iu obso. lele, annulled aud repeatdly modified sections and clauses, (hitherto the only sources of public information,) will be more fully appreciated by those who are coicnizant of this condition of our statute law, includiug the legal profession, aud those who have participated in the legislation of the State." "The thousands of Local Laws had also to be carefully dissected ; aud all their cousisteut provisions, not abrogated by the new Constitution, nor repealed nor rendered superfluous by any subsequent general law, are published iu couuei.tiou witli the full lists of all County Officers." "The valuable and important feature of this work, however, is the plan adopted of giving the legal reference, iu every case, for every statement the book contains, so that the original authorities can be readily consulted for the purpose of its con- brraatiou." "The Members of the Legislature will find the complete lists of references to the Acts of Assembly upon every subject of legislation, local as well as general, to which their attention may be directed, (aud which this book alone coutains.) will save them a vast amount of time and labor in the discharge of their legislative duties. This work will aihO sorve the additional purpose of a 'Blue Book," for their use." "After each Biennial Ceueral Elcctiou aud each Biennial Session of the Legislature, it is proposed to republi^h the work, with all the changes created in Politics, Legis- lation and Business."' "It is proper to state, that iu the prei)aration of this work, the author has liad no op portuuity of personal consultation with others, aud has been compelled to rely solely upon his own unaided rendering of the statutes." "The Legislature of .Maryland, by the Act of 1856, oh. 348, kindly authorized a State Bubscription for 300 copies of this work." JAMES WINGATE, Publisher of the Decisions ( 4 vols.) qf the late "High Court of Chancery.'''' Baltimobk, October, 1866. PLAN OF THE WORK. The following sketch of the Plan of the Book will be useful for pur- poses of reference : DIVISIONS OF THE BOOK. First. The ''Declaration of Rights," with notes, and Article 1 of the ^Constitution — The "Elective Franchise." [The other Articles of the Constitution are distributed throughout the book in connection with the Public Ollices, the Public Officers, and suiyects to which their pro- visions relate. This plan is adopted to enable the reader to oljtain a, connected vieio of both the constitutional and le7 26 Members and Officers of tlie Convention of 1776 27 Meml)ers of the Convention of 17-^8 28 The Constitutional Convention of ISol 29, 30 The Constitutional Convention of 1664 30, 31 Xii SUMMARY OF CONTENTS. I',iaE. SPECIAL INDEX TO THE CONSTITUTION. A special and full Index to the Constitution is next given, sei^arately paged, i to xv. APrORTIONMENT OF DELEGATES, Under the National Census of 1870. THE GOVERNOR'S PROCLAMATION, xvi EXECUTIVE DEPARTMENT. [See Index to Constttution, following page 32.] Governor's Powers and Duties under the Constitution. Art. II. Term of office — The time, place and manner of his elec- tion — Plurality to elect — In case of a tie, the General Aspc^mbiy to eicct. — Qualifications of tlie Governor — Incase of dt^atli or Re>ignation, &c. — In case of vacancy the Presi- dent of the Senate to act — Executive appointments, when m.'ide — Aiipoinlment during Recess — Time of nomination of Civil Otncera — The Veto Power — Three-fifths of each House may p;!ss a Vetoed Bill — The Pardoning Power — The Governor's Salary \ 33, 37 The Governor s Powers and Duties under other Articles of the Cons' itution. Tile Goreruor'n Oath— Arrangement of Representation — Elec- tions to till Vacancies— How Bills are to be signed — Con- tingrnt Fund — Refunding of money or releasing persons in- delited to tlie State — Returns of Elections to be made to Govemor — When to order New Elections — To till vacancies in the Orphans' Court — To appoint Justices of the Peace — To a]i]ioint Sheriffs in certain cases — To decide on Elec- tions, ttc, of Attorney Genera!, and to fill a vacancy in the office — To fill Vacancies in the office of Comptroller and Treasurer — Ranks to give Security to the Governor for ])ublic moneys— To appoint a Comtnissioner of the Land Oitice and Adjutant General — Is a meml)er of the Board of Public Works — To declare the office of Defaulters vacant — To order a New Election in case of Tie Votes — Officers may Qualify before the Governor, &c. — To sign Commis- sion of Public Ollicers T 37,40 To apjjoint Secretary of State— The State Librarian — The Commissioner of the Land Office — The Adjutant General and other officers of Militia, Coroners, Elisors and No- taries Public — Justices of the Peace 46 The Powers and Duties of the Governor under the Laws. Tiie Governor's Inauguration— To Control the Great Seal — To sign Land Patents— The Great Seal to be affixed to Laws — May appoint a Messenger— To issue Death Warrants— May commute Sentence of Death — May Remit Forfeited Recognizances — May remit portions of Fines not belonging to Informers— May grant nolle prosequi — May SUMMARY OF CONTENTS. XUl Page. remit Militia Fines — May enforce the attendance of Wit- nesses and Payment of Costs — To issue Proclamation of Election of Presidential Electors and Meml)ers fif Con- gress — May restrict Intercourse with Infected Places — To appoint Keeper of Public Buildings. Watchmen, Keeper of Steam House — To lill Vacancies in office — May remove In- sane Convicts from Penitentiary — To appoint and remove Collectors of State Taxes iu ci^rtain cases — To receive the returns of election officers — To Commission United States Senators — To call Special Elections — The annual Appro- priation of ^lo.OOO to Indigent Blind to be a])i)lied under his directicm — He is a Commissioner of the "State Fishery Force" — He receives the Annual Report of the State Board of Education — He is not to Commission Defaulters — He api^roves the Bond of certain officers 40, 46 The Governor's Appuintment^ umler the Lairs. Five Inspectors of Tobacco, and one Supervisor of Tobacco Warehouses — The "Weighmaster of Live Stock — Four In- spectors of Hay and Straw — Four Coroners in Baltimore city, and Coroners in the Counties — Five Notaries Public in Baltimore city, and Notaries Public in the Counties- One or more State Whartingers — The State Vaccine Agent — Two Inspectors of Steam Engines and i3i)ilers in Baltimore city — Commissioners to take Acknowledgment of Deeds — State Arniorers at Easton and Frederick — Superintendent of the National Road — One Weigher General and Five Assistant Weighers — All Officers of Registration in the State — Four ^iembers of the State Board of Education — Ten of the Directors of the Maryland Industrial School for Girls — Two of the Managers of the House of Reformation and Instruction for Colored Children — Six Directors of the Maryland Penitentiary — Three Commissioners of Pharmacy and Practical Chemistry — Three Trustees of the State in the Washington Cemetery — Three Visitors of St. John's Literary Institute 47, 48 The Governor's appointments to till Vacancies 48, 49 .THE SECRETARY OF STATE. nis Powers and Duties under the Gojtstitution. [See Index to Constitution.] Hk Poioers and Duties wuler tlw Laws. To keep a Department Seal — To Record Commissions of Civil officers — May Certify to the Qualification of Public Officers^ — CoiJies of Office Records Legal Evidence — To furnish Comptroller Lists of Qualified Othcers, &c 49,50 THE LORDS PROPRIETARY AND GOVERNORS OF MARYLAND. The Lords Proprietary from 1632 to 177G — The Governors of Maryland from 1083 to 1874, under the Proprietary, Royal and State Governments, with the date of their Term of Service 50, 51 Xiv SUMMAUY OF CONTENTS. Page. LEGISLATIVE DEPARTMENT. The Powers and Duties of the General Asserahhj of Maryland, under the Constitution. 52, 65 [See Index to Constitution.] Powers and Duties of tJie General Assembly prescribed by General Laws. Oiitli of Office— Organization — Compensation and Mileage — Stationery — Compensation of Secretary of Senate — Chief Clerk — Public Printing — Publication of Laws in News- papers — Duties of Secretary ol Senate and Chief Clerk in relation to Public Local Laws — Counties Exempted — Ad- vertising County Internal Iiiprovenient Acts — Presi- dintial Electors — Cancelled Bonds — Contested Elections — Defaulters 65, 08 CLASSIFICATION OF STATE SENATORS. List of Counties, &c., electing Senators of the First Class. . . 68 List of Counties, &c., electing Senators of the Second Class 68 ELECTION OF UNITED STATES SENATORS. Classification — Vacancies — Qualifications of Senators — How Classified in Maryland — When Senators are Elected 69 Mode of Electing United States Senators under the Act of Con'jress-, <>/'1866. To Elect on tlie second Tuesday after the meeting and or- ganization of the Legislature — To vote viva voce eacli suc- ceeding day until chosen — Plow Vacancies are Filled — Governor to give Certificate of Election 69 NAMES OF MARYLAND SENATORS, FROM 1789 TO 1874. Senators from the Western Shore — Senators from the Eastern Shore — With their Terms of Office [To which add lion. Wm. Piukuey Whyte, Ba timore City, elected Janu- ary ai, ia^(4, 10 bucceed Hou. Wm. T. Uamiltou, I'rom March 4th, 1875.] MARYLAND SENATORIAL DISTRICTS. One Senator always to be elected from the Eastern Shore and one Senator from the Western Shore 70 ELECTION OF STATE TREASURER, State Treasurer to be elected on joint Ballot of the two Houses— On a day to be selected by the two Houses '. . 70 ELECTION OF POLICE COMMISSIONERS OF BALTIMORE CITY. Three Commissioners to be Elected on Joint Ballot for Four Y'ears— Term of Office — Vacancies filled by the Governor. 70, 638, 658 SUMMARY OF CONTENTS. XV Page. THE GENERAL ASSEMBLIES OF :^L\RYLAND, From 1860 to 1874, inclusive, with Names of Officers. General Assembly of 1860 and 1801 71. 72 General Assemblj- of 1802 72. 73 General Asseml)ly of 1804 75 General Assembly of 1805 and 1860 75, 76 General Assembly of 1867 77, 78 General Assembly of 1868 78. 79. 80 General Assembly of 1870 !>0. 81 General Assembly of 1872 82. 83 General Assembly of 1874 470, 471 Legislative Officers of 1874. {See Addenda.) THE JUDICLIRY DEPARTMENT. General Provisions of the Constitution Relating to Courts. 85. 88 [See Index to Constitution.] THE COURT OF APPEALS. Provisions of the Constitution Relating to the Court of Appeals. 89, 90 [See Index to Constitution.] General Laws Relating to Court of Appeals. State Reporter appointed by the .Judges — Salary — His Duties — Printing and Publishing Reports — State Sub- scription — When Judges are Disqualified — Legal Resi- dence — Adjournment of Court — Return of Process — Con- tinuance of Actions — Writs of Diminution — How Pre- pared — Not to Delay a Hearing — Writs of Fieri Facias and Attachment — How Directed and Returnable — Scire Facias against Heirs, ifec — Proceedings under Scire Facias, &c. — Where Scire Facias may be sent — When Entries may be made — Writs of Error — No Judgment Reversed, &c. — Relating to Entry or Amendments — Costs — Costs in certain Appeals — Pay of Crier and Sheriflf — Production of Original Papers, Maps, ifcc 91, 94 THE CLERK OF THE COURT OF APPEALS. To have Custody of Records, Papers, &c. — To Record Ex- tracts of Deeds, &c.— The Clerk's Bond— Clerk's Resi- dence — Receijits and Expenses 95 GENERAL LAWS RELATING TO APPEALS TO THE COURT OF APPEALS. [The Provisions of Article 5 of the I'ublic General L.iws, have been superseded to some extent by the "Kale? of the Conrt of Appeals." which, under Art. 4. Section 18. of the Constitution, "have the force of Law."" &c. The -ZOth. Rule of the Court of Appeals, which Rule? are published in 'iSith Maryland Reports, is as follows: "The preceding rules shall not be taken or construed to repeal any existing provision of Law, except where they may be plainly in confiict therewith."] How Appeals may be Taken — Aj^peals under the Insolvent Laws — Appeals from Courts of Equity — Provisions Re- lating to Appeals from Courts of Law or Equity — Ap- peals from Orjjhans' Courts — Appeals from Courts in Banc — Appeals in cases of Grading or Paving Streets in Baltimore City — Abatement 96, 105 XVl SUMMARY OF CONTENTS. Page. THE CIRCUIT COURTS. [See Index to Constitution.] Eiijlit Judicial Circuits — A Court in each County — Jurisdic- tion — Chief Judge and two Associate Judges — Residence — Terms of Court — Points Reserved to be lieard in Banc- Decisions to be made in two Months — Salaries not to be Diminished — Clerks — Removal — Vacancy — Deputy Clerks, 106, 108 THE COURTS AND JUDGES. [Cons. Art. XV. See Index.] Continuance of the Courts until Superseded — The Jury the Judges of the Law and Fact — Right of Trial by Jury — Term of Office of Judges 108 THE CLERKS OF THE CIRCUIT COURTS. Duties of Clerks under the Constitution. [See Index to Constitution.] Duties of Clerics under the General Laws. To have Custody of Books and Papers — To attend Office every day except Sunday — Not to Deliver any Blank Writ — To Dispose of all Books sent him according to Law — Executions and Attachments — To make Returns to Comp- troller — Payment of Public Money- — Clerks' Commissions — Clerks' Comi^ensation — To make Semi-Annual Statements of Fees — False Swearing — Official Bond — Assistant Clerks and their Compensation^May enter Judgment and Decrees Satisfied — May enter Judgments upon Dockets of Justices in their Custody — To Keep Books for Docket Entries — Entries of Executions— ^Penalty — Judgments or Decrees Recorded — To give Certified Copies of Papers — To Enter Ap])eals to Court of Appeals — May approve Ap- peal Bonds — May take Supersedeas — Concurrent Jurisdic- tion — May Pass Orders Nisi — May Issue Commissions to take testimony — Guardian assigned Infant Defendant—May Issue Orders of Publication— No Fees until Bond is given — Accounts to be kept in Legible Hand — Costs of Suit — To Endorse on Bonds to whose Use — Sheriff's Oath — Law^s and Public Documents — Dockets of Justices of the Peace — Registers, &c. of a Notary Public to be Filed — To give Bond in $14,000— Bond Renewed every second Year— To Execute Bond under Penalty of $1,000— Duties in absence of Judge — May Enter Judgments by Consent — To Deliver Civil Commissions — To Report to Secretary of State once a montli all Officers who have Qualified — Tf> give Certificates of Qualification — To Record all Instru- ments of Writing — To make Alphabetical Indexes — To Certify Time of Record — Record Books — Deeds to be En- dorsed when received — To Apply for Blank Licenses — To Grant Licenses to Applicants — To make Semi-Annual Re- turns to Comptroller— Fine of $1,000 for Failure— Official 8DMMARY OF CONTENTS. XVll Paqb. Bond to be Sued for neglect — Tn make Returns of Licenses to Granfl Jurj' — To Transfer Traders' Licenses when the Stock is Sold— Not to Practice Law 118, 128 Fees of Clerks 128, 129 Removal of Causes 130, 632 THE JUDGES OF :MARYLAND. From the Revolution to the Present day. The Courts and Judgca of Maryland, in 1777 — The Judges of Maryland, from 1778 to 1S06." 131, 136 The Chancellors of Maryland from 1777 to 1854 132, 133 The Attorneys General of Maryland, from 1777 to 1873 133 The County Courts and District Justices, from 1791 to 1801, 134 The Courts of Over and Terminer fur Baltimore County and City, from 1791 to 1833 135, 136 Jud<;es of the Court of Apjjcals and the County Courts, from 1806 to 1851 136, 140 The Judges of the Court of Appeals and Circuit Courts, from 1851 to 1864 149,143 The Judges of the Courts of Appeals and Circuit Courts, from 1864 to 1867 142, 144 The Judges of the Court of Appeals and Circuit Judges, from November 1867 to date 144,145 See also pages 472, 475 Terms of all the Courts 472, 475 THE ORPHANS' COURTS. Provisions of the Constitution Relating to Orphans^ Courts. [See Index.] TJi^ General Laics Relating to Orphans'' Courts. Governor Designates the Chief Judge — The Judges' Per Diem — Terms of Court — Recess, &c. — Jurisdiction — Pow- ers of the Court — To Keep a Seal — May Inquire into the conduct of Guardians — May Summon Witnesses — May com- mit Refractory Witnesses — May Issue Attachment after two< Summonses — May Deliver Property to Heirs, &c. — May Order Money to be Invested — May Inquire into Property- Concealed — May Cause Issues to be sent to the Circuit Court, «fec. — May Compel the Rendition of an Account — May Compel Delivery of Property to new Administrator — May appoint new Trustee in case of Death — New Execu- tor made Party to all Suits Pending — Scire Facias to Issue — May Direct Plenary Proceedings — May give Judg- ment or Decree in certain cases — To Exercise no Jurisdic- tion not Expressly Conferred — Letters of Administration — Concurrent Jurisdiction — Trustee's Sale and Ratification — Guardian and Ward — Sales and Investments — Masters and Apprentices 147, 154 lA XVlll SUMMARY OF CONTENTS. Pagb. THE REGISTERS OF WILLS. [See Index.] Provisions of the Constitution Relating to Registers of Wills, 154 Compensation of Registers — Tie Votes 155 Provisions of the General Laws ReJating'to liegisters of Wills. Registers' Bond — Penalty for Default — Copy of Bond to be sent to Governor — Duties of the Register — Duties in the Recess — May take Probate of Accounts — May Pass Claims, &c. — May take Probate of Accounts during Recess — Pen- alty for accepting Gifts or Rewards — To act as Auditor under Penalty in certain cases — Registers' Compensation — To make Semi-Annual Reports of Fees — False Swearing — To give Bond for excess of Emoluments— Comptroller to Fix the Pay and Number of Assistant Clerks — Entry of Claims against Decedents — To receive Ambulatory Wilis for safe keeping — Registers to account with and Pay to Treasurer all sums received under Article 81 155, 158 Fees of Registers of Wills 158, 161 THE JUSTICES OF THE PEACE AND CONSTABLES. Provisions of the Constitution Relating to Jtistices of the Peace and Constables. [See Index.] Governor to appoint Justices of the Peace — County Com- missioners and Mayor and City Council to appoint Consta- bles — Removal — Term — Jurisdiction — Vacancies 161 DUTIES OF JUSTICES OF THE PEACE UNDER THE GENERAL LAWS. Justices of the Peace shall Qualify within Thirty Days — Fine for Acting before taking Oath — Not to accept any United States Office .• [Sec. 4 of Article 51 is in part superseded by the New Constitntion.] Justices may Hear and Determine cases — To keep a Docket, &c. — Justices responsible for Omissions in Docket — To keep Index to Docket — Delivery of Docket on Resigna- tion, &c.,to Clerk of Court — In case of Death, Administra- tor responsible for Docket — Clerks to keep Dockets as other Records — Justices may Issue Process on Copy of another Justice's Docket^ — Civil Jurisdiction — No Jurisdiction in certain cases — Actions of Replevin — Concurrent Jurisdic- tion of Circuit Courts for the Counties in certain cases — Process in Civil cases — May Fix a Day when Defendant Fails to Appear — Case to be Tried if one of several De- fendants Appear — Postponement of Trial — Case may be tried Ex Parte — No Special Pleading — Shall enter Judg- ment within Three Days — Judgments to carry Interest — Both Parties consenting, any Justice may Render Judg- ment — May enter Judgment Confessed without a Sum- mons — Judgment in favor of Defendant of Equal Effect as for Plaintiff — Jurisdiction extends to Administrators — No SUMMARY OF CONTENTS. XIX Page. Jurisdiction where Titles to Lands are at Issue — Judgment Kevivd by Scire Facias — Justice to require Bond before Issuing Replevin — VV^hen the Case may be Tried Ex Parte — Attachment against Absconding Debtors — When Re- turnable — If Garnishee does not show cause the Justice may condemn the Property — Bond to be given on Attach- ments before Execution — Rights of Garnishees — Super- sedeas and Execution — Execution may be Superseded within two Months — Administrators may Supersede Judg- ments — Defendant may Confess Judgment with Stay of Execution — Security shall Sign his Name — When a Con- stable is not to Proceed on Execution — Securities Dis- charged after Four Years — When Supersedeas is a Lien upon Lands — Attachment by way of Execution — Execu- tion on Judgment — Execution upon Property Claimed by another Person — Justices may Issue Attachments in cer- tain cases — Attachment of Wages — Judgment against Garnishee — Attachments on Original Process — Ap])cais from Justices of the Peace — Party Aggrieved may A])pcal within Sixty Days — Justice to enter Appeal and Transmit the Papers to the Court of Appeals to stand for Trial at First Term — Appeal Bond necessary to Stay Execution — For Violations of Law or Ordinance, Party may be Com- mitted for Thirty Days, or until Penalty is paid 1 01, 174 Fees of Justices of the Peace 175 CONSTABLES. [For Constitutional provisions relating to Constables, see Justices of tlie Peace, page 101.] The General Laws Relating to Constables. Constables to Qualify within thirty Days — Bond 17(3 [Section 3 of Article 53 is In part superseded by the New Constitution.] To execute Process from Justices of the Peace and Return the same under Penalty — To Levy Executions same as Sherift' — Not Compelled to Serve Process beyond his District or Ward — Constables to have Remedy against Defendant where he has satisfied the Plaintiff — To give Receijits for Claims given him for Collection — May sell Property under Execution, and Execute a Deed for the same — Proceedings in case of the Death of a Constable — Suits on Constable's Bond — Any Justice may Issue against a Constable, who is not allowed a Supersedeas — Constables sworn to the Grand Jury — To visit Gaming Tables and Report them — To require certain Persons to Produce License — To Inspect Retailers' Measures — To de- liver Committed Persons to Jail — Fees of Constables 17(3, 1S2 THE SHERIFFS. [For Provisions of the Constitution relating to Sheriffs, see Index to Constitution.] Election — Qualification — Term of Office — Bond — Vacancy — To give notice of Elections 182 XX 8UMMAKT OF CONTENTS. Paob. Tlie General Laws Relating to Sheriffs. To take Oath witliin thirty Days— To give Bond in $25,000 once each Year — On Failure, the Governor to appoint a Successor — Special Oath relating to Jurors — Serving Writs and Process — May Re-arrest any Person — May take a Bail Bond — Upon Failure to Produce the Person or return Writ of Execution, Sheriff Amerced — When Sheriff pays Plaintiff, he may Issue Execution in his own name — Writs from other Counties— May return Writs by Mail — Sheriff Fined for neglecting to lie- turn Process from another County — Slieiiff's Executor to return Process in case of Death — If Sheriff moves out of the County, &c. — If Sheriff Dies without Executing a Deed — To Execute the Sentence of Death — To removi Persons to the Penitentiary — Proceedings on Executions against the Stock and Transferable Debts of Corjjora- tions — Summoning Jurors — What Officers' Fees to Col- lect — When Sheriff may Distrain for Fees — When and how Fees are Collectable — To have Custody of Prisoners and to Provide for them — To receive United States Pri- soners — Serving Process — To give Notice of Elections — To Summon Jurors 182, 193 Fees of Sheriffs 193, 194 THE ATTORNEY GENERAL. Constitutional Promsions Relating to the Attorney General. [See Index.] Election — Term of Office — Removal — Election Returns made to Governor — Duty to Prosecute Suits — Salary— Per- quisites not allowed — Eligibility — Vacancies — To be No- tified of State Cases 195, 196 Special Duties assigned Attorney General, under Acts of Assembly 196 List of Attorneys General , 133 THE STATE'S ATTORNEYS. Provisions of the Constitution Relating to State's Attorneys. [See Index.] Election and Term of Office — Returns of Election made to the Judges — Fees — Deputy for Baltimore city— Qualifica- tions — Vacancies filled by Judges — To Collect Money due the State— Bond 197, 198 The General Laws Relating to State's Attorneys. To Prosecute Criminal cases in the Court of Appeals — To order Executions for Fines — May Compromise cases of Assault and Battery, &c. — To aid Comptroller and Trea- surer in the Adjustment of Accounts of certain Officers — Additional Compensation — Courts may appoint Sj)ecial State's Attorneys temporarily — Attorney's Claims to be settled by Comptroller— To appear in certain Cases where there are no Heirs — Assistant Counsel — Pay of Assistant SUMMARY OF CONTEKTS. XXI Page. Counsel — Pleadinsr in certain State cases — Attorney's Commission — May order Attacliments — May Purchase Pr<)])erty for the State — ilay Sell <>r JA'ase the same — Ne- cessary Proof ill I.iqiior cases — Removal of Criminal cases — Extra Compensation — Four Peremptory Challenges — 197, 201 Fees ol Attorneys at Law 20;2 Attorneys in Fact — ^Power of Attorney 202 THE TREASURY DEPARTMENT. Provisions of t/te Constitution Relating to the Comptroller and 7'reafiitrer. [See Index.] ■ Comptroller Elected by the People — Treasurer Elected by the General Assembly — Vacancies — Comptroller's Duties — Treasurer's Duties — When they Qualify — Power of Re- moval — Governor may Examine said Officers under Oath. . 203, 205 Duties of tlie Comptroller under the General Laws. Term of Office — Qualitication and Bond — Securities to Qualify — Bond Recorded — Governor may require a New Bond — Comptroller's Office and Clerks — To Report An- nually to the Governor — Books and Papers subject to Inspection — Comj^troller's Duties — To Report Claims against the State — When and how to Pay Claims — Wlien to bring Suit — To have Blank Licenses Printed — How Stamped — To have Blank Protests Printed — Comptroller's Certiticate of Officers' Defalcations — Defaulters Imprisoned in the Penitentiary — Comptroller to Compromise Old Claims — Sinking Fund — Surplus Funds — Certain State Bank Stocks — Assessment t)f Stock of Corporations — Com- pensation of Clerks — State Insurance Conmiission — Insu- rance Department Established — Duties of Insurance Com- missioner 205, 212 Duties of the State Treasurer under the General Laws. Oath of Office — Bond and Qualitication — Clerks' Salaries — Sinking Fund — To Invest Surplus Moneys — Funded Debts, how Ciiarged — European Interest — Sterling Bonds and Current Money — To Preserve certain Books, Papers, &c. — Du})licates of Lost Bonds — State Agent to Pay Interest — His Comjiensation and Bond — To Burn Paid Coui)ons — Refunding Money Paid State in Error — Tlie Sinking Pund—To set apart $100.0 )0 Yearly to said Fund — How to Dispose of Surplus Money in the Treasury 212, 218 List of Comptrollers and Treasurers 218 [Add to state Treas'urcrs. Barnes Compton, of Charles County, Elect- ed for two years, from Fel)ruaiy, 1S74.] THE STATE LIBRARIAN. How Appointed — Salary and Duties under the Constitution, 219 Duties of Librarian binder the General Laws. Oath of Office and Boml — Vacancy — What Officers are allow- ed to take out Books — To Bind and Distribute the Laws XXH SrrMMARY OF CO^"TENTS. Page. and Public Documents — How Distributed — The Maryland Reports — How Distributed — The Library Committee — Tlieir Duties — Vacancies tilled by Court of Appeals — Stationery— Peabody Institute 219, 222 THE COMMISSIOXER OF THE LAND OFFICE. Ihities of the Commissioner under the Constitution. Appointed by Governor — Duties and Salary — Fees to be re- ported to Governor — To Collect and Classify all State Pa- pers — To Notify the Attorney General of certain Suits. . . 223 Duties of the Commissioner of the Land Office, under the Oeneral Laws. His Office a Court of Record — May Summon Witnesses — To keep a Docket of Disputed Cases — To Record all Pa- pers Filed — To Keep a Seal — To Give Bond — To Account Semi-Annually for Receipts — To Record Certificates and Issue Patents — British Confiscated Lands — To Advertise Applications for Patents — Objections to be Filed in Writ- ing — To Hear the Case ex parte in the absence of Par- ties — To Determine Validity of Surveys — How Vacant Land may be taken up — How to take up Escheated Lands — Warrants of Survey and Re-Survey — Escheat War- rants — Certificates of Survey — When a person is entitled to a Patent — When Caveats to be Pleard — Governor to Sign Land Patents — May Regulate the Conduct of Survey- ors — Owners of Land entitled to certain Accretions, and to Improve Water Front — Riparian Proprietors — Certified Copy of Patents, Certificates, &c., to be Evidence — Com- pensation 223,229 The Land Office Fees , 230 THE SURVEYORS. The Proviiions of the Constitution Relating to Swneyors. Surveyor — Term of Office — Vacancy 231 Ihities of Surveyors Under the Oeneral Laws. To Execute Warrants — To keep Records of Surveys and Re- Surveys — Books Open for Inspection — May Appoint Depu- ties — Qualification of Chain and Pole Carriers — Witnesses Summoned may be Attached — Certificates of Survey — Ex- ecution of Warrant* — Powers and Duties of a Surveyor's Deputy — May make Corrections after Resignation — His Oath — Penalty for Neglect and Errors — Boundaries 231, 233 THEWRECKMASTER. Provision of the Constitution Relating to the Wreckmaster. When Elected by the Voters of Worcester County — Duties, Compensation and Term of Office — Vacancies 234 SUMMARY OP CONTENTS. XXiii Page. Duties of the Wreckmastei' Under the Local Laws of Worcestei' County. Wreckmaster's Duties — May Demand Assistance — His Per Diem — Pay of Assistants— To Advertise Goods Saved — To Seil Perishable Goods — Persons Molesting him to be Fined — May Repel certain persons by Force — Penitentiary Of- fences — Fraud or Willful Neglect Punished — Persons Re- fusing Assistance Fined— Wreckmaster's Bond 234, 236 PUBLIC EDUCATION. Constitutional Provisions Relating to Public Education. System of Free Schools — School Fund to be kept Inviolate. 237 The General Laws Relating to Pvhlic Education. Supervision — State Board of Education — County School Commissioners — District School Trustees — Governor to Appoint State Board of Education — Circuit^ Judges to Appoint County School Commissioners — District School Trustees Appointed by School Commissioners — Duties of tlie State Board of Education — Duties of the County School Commissioners — Duties of the District School Trustees — School Houses and Sites— Schools to be kept Ten Months in Each year — Qualifications of Teachers — How Appoint- ed — Text Books — County Examiner to Visit Schools — Examination of Candidates for Teachers — State Normal School — Located in Baltimore — Faculty — Course of Study — Board of Education to Report to Governor — Teachers' Institutes — Teachers' Associations — District Libraries — The City of Baltimore to have an Independent System of Schools — Powers of the Board of Commissioners of Balti- more City — High Schools in the Counties — High School Commissioners — Schools for Colored Children — TaxesPaid by Colored People to be Appropriated to Colored Schools — Sources of Income — State Tax Levied — How Apportion- ed—Miscellaneous 237, 254, 636, 637, 638 MILITIA AND MILITARY AFFAIRS. Constitutional Provisions Relating to the Militia. Organization and Equipment — Adjutant General — Duties and Compensation .255 The General Laws Relating to Militia. The Militia and Exempts — Rules and Regulations — En- rollment and Organization — Volunteer Companies — How Formed — General Staff and Aides-de-Camp Appointed by the Governor — Duties of the Adjutant General — Field Of- ficers Elected l)y Ballot — May Rent Armories — Members and Honorary Members Exempt from Jury Duty — Militia to Aid '\» Suppressing Riots — Annual Appropriation 255, 262 XXIV SUMMARY OP CONTEHJTS. Page. BOAED OF PUBLIC WORKS. Constitutional Provisions Relating to the Board of Public Works. The Governor, Comptroller and Treasurer to Constitute the Board of Public Works — To Supervise the Public Works — To Vote the Stock of the State — To Appoint Directors — To Regulate Tolls — To Receive no Salary — Authorized to Sell or Exchange State's Interest in certain Corporations, &c. — To Sell certain Stocks and Bonds 263, 264 NEW COUNTIES. Promsions of the Constitution and Laws Relating to New Counties. Organizing New Counties by Law — Number of Square Miles and Inhabitants — Wicomico County formed from parts of Somerset and Worcester Counties — Division of Debts and Obligations — Salisbury the County Seat^ — Formation of Wicomico County — Wicomico, Somerset and Worcester to Elect Two Delegates each — Wicomico in First Judicial Circuit — Formation of Garrett County under the Constitu- tion and Act of Assembly — Boundaries — To Electa Senator and Two Delegates — In Fourth Judicial Circuit — The Jury Law — Census- takers Appointed 265, 270 NOTARIES PUBLIC. Provisions of the Constitution and General Laws Relating to Notaries Public. Appointment and Qualifications — To give Bond in Thirty Days — To Administer Oaths — Notaries' Powers — To keep a Register — Notarial Seal — What Acts he may perform out of his own County — Protests must be Stamped by Comp- troller — May Acknowledge Deeds without the State or the United States — Fees of Notaries Public — Payments to State Treasurer — Amount of Bond Given — Statements of Pro- tests and Fees — Certain Provisions not to apply to Notaries in the Counties 271, 273 AUDITORS OF COURTS. Provisions of the Constitution and Laws Relating to Auditors. To be Appointed by the Judges of the Courts or of the Su- preme liench — When Special Auditors are Appointed — Their Duties in Chancery — Fees of Auditors — When Ap- pointed by Courts of Law 274 GRAND AND PETIT JURIES. Provisions of the Constitution Relating to Juries. Right of Trial by Jury — Right to a Speedy Trial — No man Im- prisoned but \>Y the Judgment of his Peers — Competency of Jurors — No Proj^erty taken without the Action of a Jury — Parties may have Cases Tried by the Court without a Jujy SUMMARY OP CONTENTS. XXV Page. — The Jury judges of the Law and Fact — Right of Jury Trial for over Five Dollars 275 The General Law Relating to Juries. No Juror under Twenty-Five Years of Age- — Persons over Seventy Years, and certain others, Exempted from Jury Duty — No Person Summoned to two successive Courts — No Property Qualification — No Person Interested to be Summoned — Sheriff to Summon Grand and Petit Jurors — Jurors Fined $50 for Neglect to Attend — Each Party to Strike four names from the Panel — Right of Peremptory Challenge in Criminal Cases — Pay of Jurors — Duties of Grand Jurors 376, 278 Active and Honorary Members of legally organized Military Companies exempt from Jury Duty 261 The Juries for the Counties. Clerks to Commissioners to furnish Clerks of Courts with a List of Taxables — Selecting and Drawing Jurors — Judges to Certify to the Lists — Manner of Drawing — Baltimore County Judges to keep the Key of the Box 278, 281 THE JURORS IN BALTIMORE CITY. Judges of the Supreme Bench to select List of Names for Jurors — City Collector to file a List of Taxable Males — Clerks to draw the Jurors — Sheriff to be Present— Penalty for Frauds — Sheriff to Summon Grand Jurors — Order in which the Juries are Drawn — Books to be Certified by Judges — Jurors to serve Three "Weeks — Summoning Tales- men — Juror Exempt for Two Years after Service — Neglect- ful Officers — Jurors in Circuit Court — Grand Jury to Visit Jail — Pay and Mileage of Jurors — Clerks of Courts to fur- nish Names of Jurors to Register — Certificate to be pre- sented to Register for Payment — Wicomico County Jurors —Judges to Select 150 Names 282, 287 WITNESSES. Constitutional Provisions Relating to Witnesses. Rights of every man in a Criminal Prosecution — No man required to give Evidence against Himself — No Person In- competent on account of Religious Belief &c. — No Person Incompetent on account of Race or Color 288 Provisions of the General Law Relating to Witnesses. Competency of Witnesses — Evidence of Interest or Infamy — When a Party may be made a Witness by his Opponent — Parties Incompetent to Testily — When Testimony may be Rebutted— Provisions not Applicable in Cases of Adultery — Proof of Instruments of Writing — Witnesses Fined for Non Attendance, and Liable in Damages to the Party Sum- moning hini^Pay of Witnesses in C^ircuit and Orjjhans' Courts — Pay before a Justice of the Peace — Witness Sum- moned by a Surveyor — County to pay Imi)risoument Fees — XXVI 8UMMAUT OF CONTENTS. Page. Court may Order no Compensation in certain Cases — Com- mL-sioncr to take Testimony out of tlie Statt* and in tlie State — Pay of Commissioners and Witnesses — Domestic Accounts — Proof of Delivery or Sale of Goods — Proof of Accounts — Controveiting Proof of Accounts — Complaints against Civil or Military Officers — Payment to Witnesses — Per Diem of Witnesses — Witnesses compelled to give Evidence — Penalty f<^r attempts to Influence Jurors — Non Attendance of Witness a Contempt — May be Fined for Non Attendance 288.294 THE CORONERS. Coroners appointed by the Governor under the Constitution — Duties of Coroners under the General and Locill Laws — To give Bond in $3000 — Jury of Inquest held only where Death by Felony is probable — Physician to Examine case and Testify — Physician's Fee — Coroner to Vje allowed for Coffin and Expenses — Coroner to act in Cases where the Sheriflf is Disqualified — Fees of Coroners — Fees of Jurors and Constables — Four Coroners in Raltimore City — Salary and Bond — Coroners Assigned to Separate Districts — Du- ties of Coroner — To make Monthly Reports to Police Com- missioners 295, 297 COMMISSIONERS OF THE STATE FISHERY FORCE. Board of Commissioners — How Constituted — All Oyster Ves- sels must be Licensed — Comptroller to Issue Licenses to no one not a Resident of the State for Twelve Months — Cost of License — Violators of the Act Fined or Boat Forfeited — Persons using Rakes or Tongs to obtain License from the Circuit Court — Time of Catching Oysters — Rat-e of License — The Number of all Boats to be Painted outside — Penalty for not liaving License — W^ho can make Arrests — Justices to Issue Warrant — Unlawful to take Oysters in certain named Localities — Condemned Vessels to be Sold at Pub- lic Sale — Vessels of Non-Residents Forfeited — Who to make Arrests — State Vessels to be in Constant Service — Officers' Duties — Cases of Seizure to be Tried immediately — No Oysters to be taken on Sunday, or between sunset and sunrise — Felony to take Bedded Oysters — Number of Ves- sel to be Exhibited — The Commanding Officer's Duties and Bond — Salaries of the Police Force — Arms and Am- munition — Steamer and Vessels to be kept in Repair 298, 309 THE STATE VACCINE AGENT. State Vaccine Agency established in Baltimore — Governor to ai)poiiit Agent — His Salary, Bond and Duties — Who are to he Vaccinated — All School Children to Ije Vaccinated — Atrent to Reproduce true Vaccine Virus — His Term of Office 309, 311 SUMMARY OF CONTENTS. XXVii Page. THE STATE POLICE COMMISSIONERS FOR BALTIMORE CITY. rSiuce till" Inw was printed, the fir?t section (SOfOhas been amended so as divide the Police (. ommi>'>loncr:< into three clauses, and there were elecied. Ftbru.iry ad. !«•;■) ;— Wui II. B. Fussellbaugh. for six years; iliirrv (Ji'.mor, fur lour vcars. aud VVra. Milroy, for two years, irom M.-irch l'intinent of tlie Collector of State Taxes — The City Ordinances relating to the Collector of State and City Taxes — His Duties, Bond and Compen- sation — The Collector's Appointments of a Deputy and Clerks — Their Salaries 444, 447 OTHER CITY OFFICERS. [The following City Officers have their Duties, Salaries, &c. prescribed by various City Ordinances, of which abstracts are given.] The Board of Commissioners of Finance 448 The Fire Department 448 The Fire Inspector 448 The Superintendent of Police and Fire Alarm Telegraph, &c. 44H The Water Department 449 Health Department 449 Superintendent of Streets 449 Resident Physician of the- Marine Hospital 450 The Vaccine Physicians 450 The City Commissioner and Assistant 450 The Port Warden 451 Commissioners for Opening Streets 451 The City Surveyor 451 Visitors and Officers of the Jail 452 Superintendents of Chimney Sweepers 452 The Harbor Masters 452 Superintendents of Lamps and Lamplighters 452, 453 Clerks of Markets , 453 Ward Managers of the Poor 453 Keepers of Springs, Squares, &c 454 Commissioners of Squares, &c 454 The Trustees of the Poor — Bavview Asylum 454 Trustees of the ^IcDonogh Educational Fund and Institute, 454 The Park Conimissoners 455 Keepers of Weights and Measures 455 The Jones Falls Commissioners 455 The Commissioners of Public Schools, &c 455 Commissioners for Imjiroving the Harbor 456 The Fire Inspector 456 The Insi)t'ctor of Public Buildings 456 Building Committee of the New City Hall 456 Coal, Wood and Ice 457 Inspector of Illuminating Gas 457 Inspectors of Weights and Measures 457 Measurers of Charcoal 457 The Inspector of Gas Meters 457 Judges of Election and Clerks 458 The Auctioneers of Baltimore City 458 The Judges of the Supreme Bench — Annual Appropriation, 458 T SUMMARY OF CONTENTS. XXxiii Page. THE LOCAL LAWS RELATING TO COUNTY OFFICERS. Local Laws op Allegany County 459 Local Laws of Anne Arundkl County 459,460 Local Laws op Baltimore County 460, 461 Local Laws op Calvert County 461 Local Laws op Carroll County • 461, 462 Local Laws op Caroline County 462 Local Laws op Cecil County 462 Local Laws op Charles County .* 462, 463 Local Laws op Dorchester County 463 Local Laws op Frederick County 463 Local Laws op Garrett County 463 Local Laws op Harpord County 464 Local Laws op Howard County 464 Local Laws op Kent County 464, 465 Local Laws op Montgomery County 465 Local Laws op Prince George's County 465 Local Laws op Queen Anne's County 466 Local Laws op St. Mary's County 466 Local Laws op Somerset County 466 Local Laws op Talbot County 466, 467 Local Laws op Washington County 467 Local Laws op Wicomico County 467 Local Laws op Worcester County 467 JUSTICES OF THE PEACE AND CONSTABLES IN THE STATE. Table exhibiting the Number of Justices of the Peace in Baltimore City and each Election District of the Counties, with references to the Acts of Assembly under which they are resijectively ai^jjointed 468 THE PUBLIC OFFICERS OF MARYLAND, their names AiND RESIDENCES. The Governor — Secretary of State 4G9 The Governor's Military Staft' 409 The General Assembly of Maryland, for 1874 470, 471 The Judges of the Court of Appeals 472 The Judges of the Circuit Courts and Courts of Baltimore City, (with the Terms of all the Courts,) 472, 474 The State Comptroller and Treasurer. [Barnes Compton Elected to succeed John W. Davis.] : 475 The State Librarian and Commissioner of the Land Office.. . 475 iB XXXIV SUMMARY OP CONTENTS. Page. THE EXECUTIVE GENERAL APPOINTMENTS. 475, 476 NAMES OF THE COUNTY OFFICERS IN EACH COUNTY. Allegany County Officers 477 Anne Arundel County Officers 477, 478 Baltimore County Officers 478, 480 Calvert County Officers 480 Caroline Countv Officers 480, 481 Carroll Countv'Officers 481 Cecil County Officers 481, 482 Charles County Officers 482 Dorchester County Officers 483 Frederick County Officers 483, 484 Garrett County Officers .'. . . 484, 4S5 Harford County Officers 485 Howard County Officers 485, 486 Kent County Officers 486 Montgomery County Officers 486, 487 Prince George's County Officers 487 Queen Anne's Counts Officers 487, 488 St. Mary's County Officers ' 488 Somerset Countv Officers 48ft Talbot County Officers 489,490 Washington County Officers 490 Wicomico County Officers 491 Worcester County Officers 491, 492 REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES. The Clerks of the Circuit Courts in the Counties, and the Clerks of the Court of Common Pleas in Baltimore City, required to Register Births, Marriages and Deaths 492, 494 NAMES OF THE BALTIMORE CITY OFFICERS. [The follovFing are the Officers in Baltimore City, under the State Government.] The Judges of the Supreme Bench, the Clerks and other Offi- cers of the Superior Court. Court of Common Pleas, Circuit Court, City Court, Criminal Court, Orphans' Court and Register of Wills 495, 497 State Police Commissioners and their leading Officers 497 Justices of the Peace 497, 498 Officers of Registration, Coroners, Notaries Public, Commis- sioners to prevent Incompetent Persons from acting as Druggists 498 Auctioneers — Officers of the Maryland Penitentiary 499, 500 Commissioned Officers of the Fifth Regiment 500 SUMMARY OF CONTENTS. XXXV Page. NAMES OF THE OFFICERS OF BALTIMORE CITY UNDER THE MUNICIPAL GOVERNMENT. The Mayor of Baltimore — Clerk to the Mayor — City Coun- sellor and City Solicitor 501 The Members of tlie City Council and its Officers 501, 502, 052 The City Comptroller and Clerks — City Register and Clerks — City Collector and Clerks — Conmiissioners of Finance — Judges of Appeal Tax Court and their Clerks 502 City Commissioner and Assistant — Commissioners for Open- ing Streets — Superintendent of Streets 502 Board of Commissioners of the Water Deisartment and its Officers 503 Commissioners of Health and Assistant — Physician to Marine Hospital — Secretary and Clerks — Sanitary Inspectors 503 Vaccine Physicians 503 Commissioners of Public Schools and Officers 503 Visitors to the Jail— Its Officers : 503, 504 Park Commissioners — Commissioners for the Improvement of Jones Falls 504 Trustees of Almshouse and Officers, &c., at Bay view Asylum, 504 \Vard Managers of the Poor 504 Superintendents of Chimney Sweeps • 504 Comiaiissioners for Improving the Harbor — Port Warden — Commissioners of tlie Patapsco Improvement Board — Harbor Masters 505 Inspectors of Weights and Measures — Long and Dry Meas- ures — Illuminating Gas — Gas Meters — Charcoal — Measur- ing of Carts — Commissioners of the various City Squares, 505 Insjiector of Public Buildings — Superintendent of Court House, Record Office and Grounds — Watchman at Court House, Janitor and Messenger at City Hall — Day and Night Watchman at City Hall — Janitor and Watchman of Old Masonic Hall Building 505, 50G Building Committee of New City Hall — Clerks — Architect — Sn2)erintendent 506 Clerks of Markets— Keepers of Squares, &c 50(i Lamplighters for the four Districts 506, 507 Magistrates of the Police Stations .,. . . 507 Constables for tlic City 498 Reviewers of Flf)ur, &c 507 City Directors in the various Railroads 507 City Directors in Maryland Industrial School — City Man- agers of House oj Refuge — City Managers in the House of Reformation for Colored Children — Agent for the Maryland Deaf and Dumb Institute — Trustees of the McDonogh Educational Fund .' 503 Fire Commissioners and Officers — Secretary and Clerk — Chief Engineer and Assistant — Fire Inspector — Superinten- dent of Police and Fire Alarm Telegraph — Telegraph Operators and Assistants, and names of all the Firemen. . 508, 509 XXXVi SUMMARY OF CONTENTS. Page. NAMES OF THE UNITED STATES OFFICERS IN MARYLAND Maryland Senators, [Senator Elect, Wm. Pinkney Whyte]. . 510 Maryland Rejiresenatives in the Forty-third Congress — The Baltimore Custom House Officers and Clerks — Naval Officers and Clerks — Surveyor's Officers and Clerks — In- spectors — Night Inspectors — Watchmen — Superintendent of Public Stores — Storekeepers and Clerks, &c 510, 513 Officers and Clerks of the Api^raiser's Office — And the name and Compensation of every person employed in connection with the Custom House 510, 514 Light House Keepers ._- 514 Navy and Treasury Dej^artment Officers — United States Pen- sion Agent — Steamboat Insepectors 514 The Postmaster of Baltimore City, and all Officers, Clerks, &c., connected with the Post Office — Letter Carriers' De- partment 515 United States Internal Revenue Officers in the Four Collec- tion Districts of Maryland, and their Compensation 516 THE UNITED STATES COURTS IN MARYLAND. Jurisdiction of the U. S. Circuit and the U. S. District Courts — Names of the Judges — U. S. District Attorney— Assistant District Attorney — Clerks — United States Marshal and Clerks 517, 519 United States Commissioners in Maryland, and their Fees. . . 519, 520 Commissioners of the Court of Claims — Registers in Bank- ruptcy 520 The Centennial Board of Finance of the International Exhibi- tion has been superseded by the election of a Board of Directors 520 CHANGES IN OFFICERS. See Pages 521 to 524, and 652, 653, 657 and 658 for changes in the Officers of Baltimore City, and Officers of the United States. For changes in County Officers, see Page 650. THE "POLITICIANS' REGISTER." [Separately paged and indexed.] THE ELECTIVE FRANCHISE. [Constitution, Art. 1, see jDage 23. See also Index to Const.] [Summary of Contents.] REGISTRATION OF VOTERS. Page. Governor to Appoint Officers of Registration — Oath of Office — Books to be delivered them by Clerks of Courts — Regis- tration Officers may demand Books, ttc. — Days apjjointed to discharge Duties — To Register Qunlified Voters — To Strike from the List Disqualified Voters — Registers to make Inquiry — To Record Name, Administer Oath, &c. — To make two Alphabetical Lists of Voters and Publish them — Days appointed to correct Lists — To strike from Lists all who are not Legal Voters — Officers to make two Lists — Clerks of Courts to Issue Certificates — Proviso — Residence not changed until Six Months after Removal — Sheriff shall deliver Lists to Judges of Election, &c. — Compensation — Expenses — By whom Paid — Neglect of Duty — How Pun- ished 1,8,645 THE STATE ELECTION LAWS. The General Elections are held on the Tuesday next after the First Monday in November, &c Provisions of the General Laws relating to Elections, County Commissioners to appoint three Judges of Election — To fill Vacancies from Disqualifications — A Justice of the Peace may act as Judge of Election, or Three Voters, in the absence of the regular Judges — Judges to appoint two Clerks — Oaths to betaken — Sheriff to provide Ballot Boxes — The Hours of Election — Penalty for Offering to Vote more than one Ballot — Penalty for Offering to Vote twice — Pen- alties for Illegal Voting in Baltimore City — How the Votes shall be Counted — Form of Certificate of Judges — The Pre- siding Judges to meet with the Poll Books — Certificates of the Votes cast — How Delivered — Form of Certificates — Certificates for Representatives in Congress — Certilicate of Governor's Election — How Judges shall Certify — How Re- turn is made where a County is Divided — The Return Judges may adjourn — Judges to Lodge with Clerks the Poll Books — Returns to be made to Clerks of Courts — Bal- lots to be Returned to Clerks — Judges in Baltimore City XXXVlll SUMMARY OF CONTENTS. PAGE. appointed by the Board of Police— Sheriffs allowed $12.00 per Day — Bar Rooms closed on Election Days — Penalties — Wagers Deposited are Forfeited— Warrants for Special Elections— Special Elections— When Held— How Contest- ed Elections are Decided — When Notice is to be given- How Witnesses shall be Examined— All Record Evidence admitted — Pay of the Justice and Witnesses — Contestants to receive no Pay unless successful, (see Constitution Art. 4, Sections 11 and 12.) 8 19 ELECTION OF UNITED STATES SENATORS. One Senator to be an Inhabitant of the Eastern, and one of the Western Shore 19 ELECTION OF REPRESENTATIVES IN CONGRESS. Day of Election — Pay of Members of Congress reduced to $5,000 per year — Vacancies — How Filled— The Congres- sional Districts— Six Districts— Returns of Election — The "Civil Rights Bill," or Enforcement Act— Special U. S. Deputy Marshals— United States Supervisors of Elections, 19, 23 ELECTORS OF PRESIDENT AND VICE-PRESIDENT. How and when Elected — Who lias the Right to Vote— In case of a Tie, Governor to decide by Lot — Electors may fill Vacancies — Wh-en and where Electors meet 24 SUMMARY OF THE STATE ELECTIONS. Election of State and County Ofiicers — Special Elections — Contested Elections— Qualification of Ofiicers — Limita- tion of Salaries— Executive Appointments — Term of Office — Election of Baltimore City Ofticers— Population of Maryland 25, 28 THE MARYLAND ELECTION RETURNS. The Vote for President in 1872 29 The Vote for Governor in 1871 v 29 The Vote for Members of Congress in 1872 30 The Election for State Ofiicers in 1873 31 The Vote of Baltimore City 31 3>i The Baltimore Municipal Election in 1873 33^ 34 THE VOTE IN THE COUNTIES FOR STATE AND COUNTY OFFICERS. Allegany and Anne Arundel Counties 35 Baltimore, Calvert and Caroline Counties 36 Carroll, Cecil and Charles Counties 37 Dorchester and Frederick Counties 38 Garrett, Harford, Howard and Kent Counties • 39 Montgomery, Prince George's and Queen Anne's Counties. . . 40 St. Mary's, Somerset, Talbot and Washington Counties 41 Wicomico and Worcester Counties 42 MISCELLANEOUS ARTICLES. [Separately Paged and Indexed.] [summary op contents.] THE ATTORNEYS AT LAW. Provisions of the General Laws relating to Attorneys at Law. Page. Qualifications of Attorneys — How Admitted — Attorneys of other States admitted — Fees of Attorneys, (see page 202) — Oath of Attorneys — Certain Officers not allowed to practice Law — Baltimore City — Rules and Regulations of the Su- preme Bench — How Apjilications for Admission to the Bar are to be made 1,3 LIST OF ATTORNEYS AT LAW IN BALTIMORE CITY. The Attorneys at Law in Baltimore City and their Office Address 4, 10 [The following have been admitted to the Bar since the text of this work was printed : Joseph P. Bryan, D. S. Briscoe, Wm. F. Porter, W. Jasper Hughes, John Lawrence Camp- bell, Wm. L. Prince, Edward C. Eichelberger, Joseph C. Boyd, Henry C. A. Smith, and Junius E. Leigh, Esqs.] THE MEDICAL AND CHIRURGICAL FACULTY OP MARYLAND. The Officers and Members of the Medical and Chirurgical Faculty of Maryland 11, 13 The Fee Table of the Medical and Chirurgical Faculty of Maryland^Medical Practice — Obstetrical Practice — Surgi- cal Practice 14, 15 THE STATE PUBLIC SCHOOLS OFFICERS. The State Board of Education 16 The State Normal School 16 The School Commissioners of the different Counties in the State 16,17 The State Donations to Colleges, Academies, &c 17 The School Examiners in the different Counties 18 THE RATES OF POSTAGE. First Class Rates — Second Class Rates — Third Class Rates — Postal Cards — Domestic Money Orders — Foreign Money Orders — Unclaimed Letters — Forwarding Letters Free — Registered Letters — Prepayment of Newspaper Postage. . . 19, 22 Xl SUMMARY OF CONTEKTS. THE GOVERNMENT OF THE UNITED STATES. [Following Politician's Register.] [For changes, see page 655.] Executive Department 621 Department of State 621 TuE ASPRY Department 621 War Department 622 Navy Department 622 Interior Department 622 Post Office Department 622 Supreme Court op the United States 623 United States Court of Claims 623 Reduced Compensation op U. S. Officers 623 The Forty-Third Congress and its Officers 624, 630 SUPPLEMENT AND APPENDIX. Proposed Amendment to the State Constitution 631 Removal, of Causes 632 The State Board op Health 632, 633 Commissioners op Fisheries , 684 When Execution may Issue 635 Imprisonment for Fines and Costs 635 The Hours of Labor 635 When Justices of the Peace are to pay over money arising from Fines or Penalties 636 Barbers — Sabbath Breaking 636 Amendments to the Public School Law 636, 638 [See Page 237.] Amendments to the Baltimore City Police Commis- sioners' Laws 638, 639 Corporate Powers of County Commissioners — Amend- ment 639, 640 Legal Holidays 640 Property of Married Women 640 Local Laws op Counties, passed 1874, amending Local Laws on pages 459 to 467 641, 644 Justices op the Peace and Constables, amending table on page 468 644 Officers of the Geneual Assembly op 1874.-.. 645 Amendments to the Registration Law 645, 649 [See Politician's Register, page 525.] SUMMARY OF CONTENTS xli Appointment of Judges op Election 649 Actions at Law for Wrongs, in Baltimore City 649 Changes in County Offjcers on pages 477 to 500 650 Maryland Members of Congress 651 The Vote by Districts — State Vote by Counties 651 Baltimore City Council — Election of First Branch, The Vote 652 Changes in Governmemt Officers at Washington 653 Changks in Baltimore City Officers 653 State Fishery Force >.. 653 Officers op Chesapeake and Ohio Canal Company, 654 Additions and Corrections 654, 655 Changes in United States Officers in Baltimore Cus- tom House 510, 657 Changes in Baltimore city Post Office 658 Changes in United States Government Ofeicers 658 The Forty Fourth Congress of the United States.. 659,666 Full List of Baltimore Municipal Officers 666, 676 [CoiTected to April lOth, 1875.] Justices of the Peace for Baltimore city 672 Increased Salaries of City Officers 676 Changes in Post Office Laws 676 Congressional Franking Privilege 676 REVENUE AND TAXES. The following public officers have duties to perform under the Act of 1874, chapter 483. entitled "Revenue and Taxes," which is publish- ed in full on Pages 363 to 391 : All Assessors in Baltimore City and Collectors of State and County Taxes in the State, The Appeal Tax Court of Baltimore City, all County Commissioners and their clerks, Clerks of Circuit Courts in the Counties and Clerks of Courts in Bal- timore City, Registers of Wills, the Commissioner of the Land Office, the Mayor and City Council of Baltimore, the State's Attorneys, the Governor, the State Treasurer and Comptroller, and the Orphans' Courts. CONSTITUTION OF MARYLAND. Established Oct. 5th, 1867. DECLARATION OF RIGHTS. Art. 22. 23. 24. 2o. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Evidence against oneself. Freemen not to be imprisoned. Slavery abolisihed. Bail, Fines, &c. Search Warrants. Corrnption of Blood and Forfeiture. Militia. Standing Armies. Military subject to Civil Power. Quartering of Soldiers. Martial Lavf. Judges. Rotation in Office. Holding Offices. Presents. Religious Liberty. Oath of Office. Disqualification of Ministers and Re- ligious bodies from holding certain property. Admiuistering Oaths. Liberty of the Press. Monopolies. Titles of Nobility. Duties of the Legislature. CouBtitulious apply in War and Peace. Eights retained by the People. 1. Origin and Foundation of Govern- ment. Right of Reform. 2. Constitution of U. S. Supreme Law. 3. Powers Reserved. 4. State's Rights. 5. Common Law. Trial by Jury. Eng- lish Statutes. Act of Assembly. Charter of the State. 6. Right of Reform. 7. Right of Suffrage. 8. Separation of the Departments of Government. 9. Suspension of Laws. 10. Freedom of Speech. 11. Seat of Government. 12. Meeting of Legislature. 13. Right of Petition. 14. LevvingofTaxes. 15. Poll Taxes oppressive. Paupers not to be taxed. Taxation according to actual worth. Fines, &c. 16. Sanguinary Laws. 17. Retrospective Laws. 18. Attainder. 19. Right to have Justice. 20. Trial of Facts where they arise. 21. Criminal Prosecutions. Copy of In- dictment. Counsel and W itnesses. Trial by Jury. We, the Peoph of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the iest means of establishing a good Constitution in this State for t?ie sure foundation and permanent security thereof, declare: Origin of Qmernment — Bight of Reform. Article 1. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government, in such manner as they may deem expedient. Constitution of U. S. — The Supreme Law. Akt. 2. The Constitution of the United States, and the Laws made, or which shall be made in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are. and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be, bound thereby ; anything in the Constitution or Law of this State to the contrary notwithstanding. 2 18 DECLARATION OP RIGHTS. Powers Jleserved, Art. 3. The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof. Staters Bights. Art. 4. That the People of this State have the sole and exclusive ricdit of regulating the internal government and police thereof, as a free, sovereign and independent State. Common Laic — Trial hy Jury, <&c. Art. 5. That the inhabitants of Maryland are entitled to the Com- mon Law of England, and the trial by Jury, according to the course of that Law, and to the benetit of such of the English Statutes as existed on the Fourth day of July, seventeen hundred and seventy-six ; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and prac- ticed by the Courts of Law or Equity; and also of all Acts of Assem- bly in lorce on the first day of June, eighteen hundred and sixty-seven; except such as mav have since expired, or may l)e inconsistent with the provisions of this Constitution ; subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the inhabitants of Marvland are also entitled to all property derived to them from, or under, the Charter granted by His Majesty Charles the Fii-st to Csecilius Calvert, Baron of Baltimore. Bight of Beform. Art. 6. That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endan- gered, and all other means of redress are ineffectual, the People may, and of right ought, to refonn the old, or establish a new Government : the doctrine of^non-resistance against arbitrary power and oppres- sion is absurd, slavish and destructive of the good and happiness of mankind. Bight of Suffrage. Art. 7. That the right of the People to participate in the Legisla- ture is the best security of liberty and the foundation of all free Gov- eiTiment; for this purpose, elections ought to be free and frequent; and every white male citizen, having the qualifications prescribed by the Constitution, ought to have the right of suttrage. Separation of the Departments. Art. 8. That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said De- partments shall assume or discharge the duties of any other. Suspension of Laics. Art. 9. That no power of suspending Laws or the execution of Laws, unless Ijv, or derived from the Legislature, ought to be exer- cised or allowed. DECLARATION OF RIGHTS. 19 Freedom of Speech. At?t. 10. That freedom of speech and debate, or proceedings in the Legishiture ought not to be impeached in any Court of Judica- ture. Seat of Government. Art. 11. That Annapolis be the place of meeting of the Legisla- ture ; and the Legishiture ought not to be convened, or held at any other place but from evitlent necessity. Meeting of legislature. Art. 12. That for redress of grievances, and for amending, strength- ening and preserving the laws, the Legislature ought to be frequently convened. Right of Petition. Art. 13. That every man hath a right to petition the Legislature for the redress of grievances in a j^eaceable and orderly manner. Levying of Taxes. Art. 14. That no aid, charge, tax, burthen or fees ought to be rate 3 35 5!l 10 1 2(W 12 2 2m 1 6 24 S 85 6&' 3 16 64 3 45 60 5 8,9 196, 197 6 1 203 3 35 5»' 4 4 86 11 1,2 401 3 27 .56 4 14 8!>' 2; 10, 11, 12, 13, 14 ; 41,42 3 10 54 3 24 56 4 5 86 4 17, 25 !)0 4 41 154 4 43 161 4 17 90 4 44 182 5 6,11 106, 1!)7 6 1 20a 7 2 231 7 6 2.34 9 2 2.55 12 2 2t;3 7 45 2!K) 3 3, 4, 5 62, 53 8 32 58 8 84 58 6 2 203 3 29 67 2 15 36 3 1 52 3 14 54 4 4 86 90 .55 a INDEX TO CONSTITUTION. Attestation of the laws of the State of records of late Court of Chancery Attwney General^ office of, created Attorneys of the State, their elections, &c Auditors of accounts of the State to be appointed by House of Delegates Art. 3 7 5 6 Sec. Page. 30 57 4 2-2.3 1 la-i 7 197 84 66 Ballot Baltimore City, representation of, restricted Courts and Clerks of organization of Baltimore and Otiio Railroad Bank Book. Banks Behavior BilU Bonds of office to be sued by order of House of Delegates of Sherifts of Comptroller and Treasurer of State to be signed by Comptrolk r and Treas- urer Books Borrowing Branclms of Legislature Bribery Business Calvei-t County Canals Candidate, bribery in regard to Cases of State in Court of Appeals, &c criminal, jury to be judges of law and fact Census Certificate Challenge Cluincery Change of Residence Cluirges, of Clerks, &c., to be regulated Charles County Charter of Banks of Corporations Chesapeake and Delau'are Canal Chesapiake and Oliio Canal Circuit Courts Citizen City of Baltimore— bte Baltimore City City Council Classification Clerk's, their charges to be regulated of Court of Appeals to notify Attorney General powers and duties of their election to return account of receipts and expenses.... Code Collectors Colored Pcijmlation Command in Cliief ComrnissUms. Public or fees not to 1)6 leceivedby Comptroller, Trea- surer, Judges, &c to be issued to Shcrifl's, .Judues, itc, by Gov- ernor of States' Attorneys CommissUmers to Revise Laws . . of County of Land Office Gommiliru-nl Cotmnittee of the whole Common Pleas, Court for Baltimore City 1 1 23 3 4 402 4 27, &c. 417 11 U&c. 401 12 3 2(i4 2 18 36 3 39 59 3 19,23 55 3 27 , 28, 29, .30 66,57 3 24 5fi 4 44 182 6 1 203 6 3 204 8 16,39 65,59 3 34 58 3 1 52 1,3 3,50 23,61 3 21 65 3 34 58 3,12 54,2 62, 2f;3 1 3 iS 5 3,6 195, 196 15 5 275 3 4 52 6 S 204 3 41 59 7 4 223 1 1,4 23,24 3 45 60 3 34 58 3 89 59 3 48 m 12 2,3 iiA 12 2,3 263, 2(i4 4 19, &c. 106 1 1 401 1,11 5,2,3 24, 4l)'i 3 8 53 3 45 60 4 17 90 5 6 196 4 10, 2fi, .38 87, ,118,420 4 17, 25, ^7 90 ,118,419 15 1 270 3 29 57 3 12 54 3 37,53 69,62 2 8 35 4 13 88 4,6 6,1 87, 203 4 11 88 6 3,8,9 195, 197 3 48 60 7 1 .3.-)1 7 4,5 2^3 3 24 56 3 21 &>-. 4 S8 417 INDEX TO CONSTITUTION. lit Akt, Companies 3 Compensation of Governor 2 of Secretary of State 2 of Senators and Delegates 3 of Public Officers 3 for i^laves 3 for private property taken 3 of Clerks, Resist err-, &c 3 of officers of Courts 4 of Judges of Courts of Appeals 4 of Judire of Circuit Court 4 of Judires of Baltimore Courts 4 of Clerks of Baltimore Courts 4 of Judges of Orphans" Courts 4 of Justices of the Peace 4 of Attorney General 6 of State's Attorney S of Comptroller and Treasurer 6 of Surveyors 7 of State Librarian T of Commissioner of Laud Office 7 of Wreck-Master 7 of Adjutant General 9 Compenmtion ot officers generally 15 Competition 1* Complaints 3 ComptroUer of Treasury 2, b Concitrrence ^'4 Congress 1' ^ Consanffiiinity. . 4 Contingent Fund « Contracts for public offices to be examined a for public debt 3 extra compensation not to be allowed 3 Convention 14 Cton«'i<^ 16 90 12 as 34 68 34 68 2 £2 8,3 33, S4 3,4,5 53, iV, 6,7 53 IV INDEX TO CONSTITUTION. Delegates, qualifications of ineligibility of Congressmen Ineligibility of ministers . . ... ineligibility of defaulters provisions for vacancies compensation disqualified to hold certain offices not liable for words spoken in debate powers of, as Grand Inquest Denominations of Religion Dkninution of salaries, &c., forbidden Directoi-s in Railroads and Canal Companies Blifrancfiisemetit for perjury Disquiilifiration of convicts, lunatics, &c for ijribery, &c of Senators and Delegates of Judges Districts, provisions about removal legislative in Baltimore judicial for Justices of the Peace Divorce Duellists Uducation Elections, qualifications of voters, &c disqualification of criminals ■bribery, illegal voting, &c to be held on refusal to take oath of Governor of Senators and Delegates Srovisions for vacancies isqualifications purity of contested regulation of of Judge of Circuit Courts provisions for death, &c. of Judges returns of general elections, when held of Judge of Court of Appeals from Baltimore . of Clerk of Court of Appeals «f Baltimore Courts of Clerks of Courts of Judges of Orphans' Courts and Registers of Wills.... : of Sheriffs of Attorney General of State's Attorneys of Treasurer, Comptroller, &c of County Commissioners of Surveyors of Wreck-Master cases of a tie, &c Elective Franchise Electoral Districts Electors Eligibility of Governor of Senators and Delegates of Defaulters of Jud.izes of Clerks of Courts of Judges of Orphans' Courts, Registers of Wills, &c of Slierift's, &c of Attorney General of State's Attorucj of Mayor Elisor Enactments, style of Law.s passage of bills. . : to carry into executiou powers vested by Con- Btitutiou Art. Sec. Page. 3 9 53 3 10 64 3 11 64 3 12 54 3 18 64 3 16 54 3 17 55 3 18 65 3 S4 66 3 11 54 4 81 418 12 2 2<53 1 1 24 1 2 23 1 3 23 3 10 54 4 7 87 1 1,4 23,24 3 2,4 62 4 19 106 4 42 161 3 33 58 3 41 59 8 1 237 1 1 23 1 2 23 1 3 23 1 7 24 2 2 33 .3 2,6,7 62,53 3 13 54 3 9, 10, 11, 12 63,54 3 42 60 3 47 60 3 49 61 4 3 86 4 6 86 4 11 88 15 7 25 4 14 89 4 17 90 4 31 418 4 25,37 107, 419 4 40,41 147, 154 4 44 ISi 5 1 195 5 7 197 6 1 203 7 1 351 7 2 m 7 fi 234 15 4 25 1 1 23 1 1 23 1 3 23 2 4,5 34 3 9, 10, 11 63,54 3 12 54 4 2,3 86 4 25 107 4 40,41 147, 154 4 44 182 5 4 19e 5 10 197 11 1 401 4 46 295 3 29 57 ;i 28 57 66 62 INDEX TO CONSTITUTION. Art, Endorsement upon Warrants 6 Enumeration of Populatiou 3 Equity 4 Evidences, no exdnsioii ou account of race or color 3 Execution of laws to be eiifoiced by Governor... . 2 exemption of property from 3 of powers vested by Const itutiou 3 Executive powers vested in Governor 2 how elected, &c 2 contingent fund 3 appointments by 2 Exemption, of words in debate 3 of property from execution 3 Expenditure for books, &c 3 House of Delegates to inquire into 3 of public money 3 Comptroller, Treasurer, &c 6 Expiration of term of office of Sherifl' 4 Expulsion of Members 3 ^acfe— in trials by Jury 15 Faith— of the State 3 J^(S€« of Clerks, &c 3 of State's Attorney 5 not to be received by Treasurer or Comptroller 6 of Commissioner of Land Office 7 over three thousand to be paid to Treasurer. . 15 Fines for illegal voting 1 may be remitted by the Governor 2 Forces 2 Forfeitures 3 Franchise — Election 1 Free Public Sclwols 8 Fund 3, 6,8 General Assembly, (see Legislature) General Election 15 Given — credit of the State not to be 3 Gospel 3 Governor, oath of. 1 term of office four years 2 to enter office ; 2 mode of elections and returns 2 case of tie 2 eligibility 4 qualifications 2 vacancies and impeachment 2 his powers and duties 2 to execute laws 2 to appoint all officers 2 time of appointments 2 to remove officers 2 to convene the Legislature 2 veto power 2 to examine Treasury Accouuts 2 messages ,. 2 pardoning power '. 2 residence and salary 2 to appoint Secretary of State 2 to arrange representation in House of Dele- gates 3 to issue warrants of election 3 proclamation to convene Legislature 3 to sign bills 3 may recommend releasing debts 3 to appoint Commissioners to revise laws 3 to remove Judges , 4 to appoint Judges to fill vacancies 4 returns of election to be certified to 4 to order new election in case of tie 4, 15 to sign public grants 4 8ec. Paoe. 3 2(W 4 52 18,29 80, 413 53 62 9 ST) 44 60 66 62 1 33 2 33 32 58 18,14 35 18 55 44 60 16 55 24 56 32 58 2 203 44 182 19 65 6 275 34 58 45 60 8,9 195, 197 1 203 4 223 1 270 4 24 20 3<; 8 35 20 86 1 23 1 237 34,3,3; 59, 204,237 7 25 34 58 11 64 6 24 1 33 3 34 2,3 33,34 4 34 2 86 5 34 6,7 34 8 a5 9 35 10, 11, 12 35 13,14 &5 15 36 16 36 17 36 18 36 19 80 20 86 21 37 22 87 6 63 13 54 14 54 30 57 33 68 48 60 4 86 5,40 86, 147 11 88 12,4 88,25 13 68 VI INDEX TO CONSTITUTICN. Governor to designate Chief Justice of Court of Appeals to appoint Justices of the Peace ;.. to appoint Justices of the Peace to fill vacancies to appoint Sherifts, &c. to fill vacancies. ...... to appoint Attorney General to fill vacancies to appoint State Librarian • ■ • . • ■ • • to appoint Treasurer and Comptroller to fill vacancies to appoint Adjutant General to declare office of defaulters vacant Omernment, place of, may be exchanged Governor to reside at seat of laws to be passed to execute powers of Grand Inquest Graft ts by Legislat ure of charters for banks of land from United States form of Ch-eat Seal Grievances Habeas Corpus ••"••••, •• H 2,4 20:^4 7 1 351 7 2 231 7 6 234 8 1 237 9 1 255 11 9 403 14 1 70 15 1 270 3 18, 3!t 55, 59 ".,7 24, 3 50, 219 15 9 219 2 4 34 3 36 r>{) 1 2 23 3 SO 65 3 28 67 3 26 56 11 1,5,6 401, 402 •3 16 36 3 14 54 4 14 89 3 6 53 3 7 53 3 9,10,11,12 63,54 3 15 54 3 10 54 o 19 36 3 16 64 2,9 8,1 85,255 3 11 54 2 15 36 ■2 15 30 4 17 90 4 25 118 4. 41 154 5 1,7 195, 197 1.5 1 270 1 3 23 3 24 56 8 32 .58 3- 32 58 3 34 58 3 12 54 6 2.3 203, 204 15 1 271 15 6 275 8 48 60 INDEX TO CONSTITUTION. Art, Sec. Page. Name Naval Force Nccjroen Neivspapers Nolle Prosequi Notnination Non Compos Notaries Notes Notice of application for partlou of clectiou for iSeuator or Dolugate Numbtr of votes for Governor of Senators and Delcgaten necessary to constitute quorum, &c ... majority of votes necessary to pnss laws majority of House to concur in inipeaclimeuts two-thirds of each House to concur in address to remove Judges of Justices of the Peace of County Commissioners of population for new county.... new election, when equal Oath of officers of office perjury : House of Delegates may inquire on impeachments • to report of entries in book of receipts of officers Offence Officer, disfranchisement for perj ury bribery form of oath : perjury military to be appointed Governor vacancies persons rejected not to be appointed. . time of nomination term of office removals Senators term of office Delegates term of office qualiti cation of Legislators eligibility no extra compensation to be allowed powers of Legislature to send for persons and papers vacancies in office of Legislator compensation of Senators and Delegates defaulters ineligible duelists ineligible of Banks not to borrow money pul)lic commission returns of election new election in case of a tie, &c sundry officers Commissioner of Land Office Klate Librarian County Commissioners Surveyors Wreck-Master Education Militia of City of Baltimore of i'ul)lic Works compensation of officers not to exceed three tliousand dollars coiitiiiuation of certain persons in office commencement of tlicir terms before whom to qualify Opinion 1 4 24 2 8 35 3 37 59 2 20 86 2 20 36 2 10,11,12,13,14 35 1 2 23 4 45 245 3 39 59 2 20 86 3 13 54 2 4 34 3 2,3,4 52 3 20 55 3 28 57 3 20 56 4 4 86 4 42 161 7 1 351 13 1 265 IC 4 25 1 6 24 1 6,7 24 1 7 24 3 24 56 3 26 56 15 1 270 2,3 15,24 36, 5(i 1 7 24 1 3 23 1 6 24 1 7 24 2 10 35 2 11 35 2 12 35 2 13 35 2 13 35 2 15 36 3 3 52 O n 53 3 9, 10, 11 53, 54 3 12, n 54, 55 3 35 59 3 24 56 3 13 54 3 15 54 3 12 54 3 41 59 3 39 69 4 13 88 4 11 88 4 12 88 1 1 351 1 4 223 7 3 219 7 1 351 7 2 231 7 (i 234 8 1 237 •) 1 255 11 1 40 12 1 263 15 1 270 15 2,3 23 15 !) 108 15 10 4,5 15,23,3; !)0,10-,195 INDKX TO CONSTITUTION. XI Origin of bills. . . Orpluins' Courts. Pardrms . . FartkUity Party, rii,'ht of Jury tri.il affluity to Jii(ly;c removal of cai*fs State Cases iu Court of Appeals, &c Peuce Penalties for bribery for pcrj ury , for disorderly conduct for uou-atteudauce Pension Cam in i^mlaner People, elections by ameudmeuls of Constitution Perjury PerguUii/es Petition Place, extra sessions of Legislature , of adjournment of Legislature of meeting of Court of Ajjpeals of otHces of Treasurer and Comptroller. Phirality Powers, executive vested in Governor veto pardouiu J of each House of the Legislature. of House of Delegates. to pass necessary laws judicial of Court of Appeals of Circuit Judj'es of Court in Baltimore of Judges of Orphans' Courts of Board of Public Works of Juries in Criminal Cases l*reacher Presents Presentment President of Senate Printing Privileges Proclamation P)-oJits Property of wife to be protected exemption laws taken for public use Prosecution Protection Publication of Journals of Legislature of laws of statement about public moneys . .. of decisions of (!ourt of Appeals of Treasurer''s Report Puhlicity Public. Debt PuIiVk Instructvon Public Works Punislimciit for bribery for illegal voting of disorderly members of Legislature. of other persons by Legislature of Bank officers Puixhase Qualifications for suflrage oath of office of Governor of (senators and Delegates of Judges of Judges of Orphans' Courts Art. Sec. Page. 3 27 56 4 40 147 1,2 2,30 23, 36 1 U 24 4,1,5 21,0 107, 108 4 7 87 4 8 87 5 3 195 4 6 87 1 3 23 1 7 24 3 19, 23 55 3 20 55 3 59 62 3 2,6 52, 53 14 1 70 1 1 24 6 1 203 2 30 36 2 16 36 3 26 66 4 14 89 6 1 203 2 8 34 2 1 33 2 17 36 2 30 36 3 19,33 55 3 SM, 26 66 3 56 62 4 1 38 4 16 18 90 4 21, 22 10(!, 107 4 28, &c. 417 4 40 147 12 1 2()3 1,5 5 275 3 11 64 1 3 23 3 24 66 2 7 34 3 24,30 56,57 3 18 55 3 14, 15 54 1 3,6 23,24 3 43 60 3 44 (iO 3 40 59 3 18 55 3 48,44 HO 3 22 55 3 30 57 3 32 58 4 16 90 (! 4 204 3 21 ,55 3,0 34, 2, 3 58, 203 ,s 1 237 3,12 34,1 58, 203 1 3 23 1 4 24 3 19 55 3 23 55 3 39 50 3,6 16, 24, 3 .55, 56, 204 1 1 23 1 6,7 M o 5 34 3 9, 10, 11, 12 53, 54 4 2 86 4 40 147 Xii INDEX TO CONSTITUTION. Art. Sec. Pace. Quaiiflcaf'wns of Sheriff. 4 of Attorney General 5 of State's Attorney 6 of Mayor 11 Questlom 3 Qiwrum 3 Eace—OT color 3 RaUroads • 12 Reading oi bills on three difl'ereut clays 3 Reasons for pardon 2 Recmnmendatimis of Governor 2 Receipts 3i ^ Receivers 3, 6 Recess 2 Records of Secretary of State 3 of Yeas and Nays 3 Honse of Delegates may call for 3 of laws of the State 3 Reference 3 Refusal to take oath 1 of voters 1 Registration 1 Regvlation for removals of cases 4 of fiscal aflairs by Comptroller 6 Rejections 2 Relations 4 Religion 3 R&noval oi \oieTe, 1 of Governor from the State 2 of military officers 2 of place of meeting of Legislature 2 of Secretary of State 2 of Senators and Delegates 3 of Clerk of Court of Appeals 4 of Judges 4 of Clerks of Circuit Courts 4 of Registers of Wills 4 of Justices of the Peace 4 of Sheriffs 4 of cases 4 of State's Attorneys o Rejwrts 2,4,6,15 ; Representaticm 3 Repirieve 2 Residence of voters 1 of Governor 2 • of Senators and Delegates 3 of Judges 4 of Sheriffs 4 of State's Attorneys 5 Resignation of officers elected 1 of Governor, &c 2 of Senators and Delegates 3 of Judges, &c 4 Returns of election for Governor 2 for other officers 4 Returns for State's Attorneys 5 to be regulated by Legislature _ 3 Revenue 3, becoming unsafe 2 Secrecy 3 Secretary of State 2 2,7,2; Security, hrxhcry 1 of wife'H property 8 44 182 4 VM\ 10 197 1 401 22 65 40 55 63 62 2,3 264, 265 27 56 20 36 20 36 32,3 58, 204 12,3 54,20-1 12 35 23 37 22 55 24 66 30 57 29 57 7 24 5 24 6 24 8 87 2 203 12 35 7 87 11 54 1,4 23,24 6 34 16 35 16 35 22 37 9 63 17 90 4 86 25 118 41 154 42 161 44 182 8 87 1,7 195. 107 6,2,4,1 ; 36,90,203,270 3,4,5 52,53 20 36 1,4 23,24 6,21 34, 37 9 53 2,21 86, iO(> 44 113 4,10 196, 197 7 24 6 34 13 54 5 86 2,3 34 11 88 2,8 195, 197 49 61 24,2 56, 203 3 23 19 55 34 58 1 237 30,13 57, 88 22, 14, 1 37, 89, 203 10 36 21 55 7, 22, 2:5 33, 34, 37 3 '£\ 43 60 INDEX TO CONSTITUTION. XUl Sacurity, to be given by sheriff '"yimais, oath of election of Governor vacancy in office of Governor consent of, to appointmeuts by Governor may be convened aloue election of. cla9.«ilication qualifications comi)en!r of Governor of Slate's Attorneys • • • • • of State Librarian of other officers Si/frage Svperiiitevdent of Public Instruction Superior Court Sujiport Supreme Bench Surveyors S'isjif'iiJfion of officers SiLsguehanna and Tide Water Canal S?Meuring Abt. 4 1 2 2 2,4 2 3 3 3 3 3 3 3 3 3 3 4 3 2 3 3 3 3 3 6 6 12 14 4, 15 3,6 3 3 2,3 3 2 2 3 3 3 4 15 5 6 12 3, 6, 15 ' 7 6 3,6 3 3 3 4 4 3 2 5 7 16 1 8 4 6 4 7 2 12 1 Sec. 44 6 3,4 7 10, 42 16 2,7 8 9, 10, 11, 12 15 17 18 22 25 12,41 26 14 3 16 14 21 26 27 1 2,4 2 2 44,8 34,3 37 37,53 2, 3, 13 33 1 19 82 34 85 1 1 8 2 1 24,2,1 3 1, &c. 54,3 39 1 29 13 20,27 34 1 l.T 3 8 1 1 88 2 27,31 2 15 Page. 113 24 34 34 35, 11)1 ;iti 52, .^>3 53 53,54 54 55 55 55 56 54.59 56 33 36 54 56 66 66 68 203 20:^4 263 84 182 58,204 .59 59. 62 33,34,35 58 33 36 58 58 59 85 25 193 203 263 56,203,270 219 203 62,204 59 52 57 88 106, 417 58 33 195. 197 219 25 23 237 417 2m 417, 418 •2:n 36 264 2-1 Taxes . 8,6 83, 34, 2 58, 203 XIV INDEX TO CONSTITUTION. Art. Sec. Page. Term of Governor of officers appointed by Governor of Secretary of State of Senators of Delegates of Judires of ClerTvS of Courts of Kegisters of Wills of Justices of the Peace of State's Attorneys of Comptroller and Treasurer of Couuty Commissioners of Surveyors of State "Librarian _. of Commissioner of Land Office of Wreck- JLaster of Adjutant-General of !Mayor of Baltimore of City Councils of civil officers .. Tie in election of Governor ■ .. in election of Senators and Delegates new election, provided for Time of altering Constitution of election of Governor of qualiticatiou of Governor of nomination of officers by Governor of appointment of Members of House of Del- egates of election of Delegates of meetings of Legislature of adjournment of Legislature of special adjournmeuts of Legislature limited for passage of bills when laws take effect for payment of debts of the Slate of election of Judges of election to fill vacancies of meeting of Court of Appeals of election of Clerks of election of Judges of Orphans' Court of election of Registers of Wills of appointment of Justices of the Peace and Constables of election of Sherifls of election of Attorney General and State's Attorneys of election of Comptroller of appointment of Treasurer of election of County Commissioners of e'ection of Surveyors of appointment of State Librarian of uppoiutmeut of Commissioner of Land Office of election of Wreck-Master of election of Mayor, &c uf elections Titlts Tobacco Insjyeclors Toth Tiaiinfer Tn(i.<'iitr ?>-i((/> by Jury disqualificaiiou of Judges, &c removals of TruM Unifof Willi UtiilKl stitta: bribery of Electors. 2 1 33 2 13 35 2 22 37 3 2 52 3 6 53 4 3 a; 4 17, 25, 37 90,107,4 li» 4 41 l.i4 4 42 Itil .5 1,7 195. I'.IT (> 1 203 7 1 351 7 2 231 7 3 210 7 4 2-23 7 6 234 i) 3 255 11 1 401 11 3 40a 15 9 80 2 4 34 3 13 54 15 4 25 14 2 84 2 2 3:j 2 3 &i 2 13 35 52 3 4 3 7 5;i 3 14 64 3 15 U 3 25 tti 3 27 5r. 3 31 5!> 3 34 58 4 3 «! 4 5 m 4 14 89 4 25,37 107 4 40 410 4 41 154 4 42 ICl 4 44 18-i 5 1,7 195, lilT 6 1 art 6 1 20:i 7 1 351 7 2 231 7 3 21!) 7 4 ■22:) 7 6 2:J4 11 1 401 15 7 25 3 29 57 2 13 :« 12 2 2(1.-! 6 2.3 203, -AH 2.0 18, 1, &c. 30, :;u:j 15 5,6 275 4 7 87 4 8 87 3 11 54 3 45 00 8 10, 4fi 54,00 1 3 23 INDEX TO COKSTITUTION. XV Art. Sec. Pack. Vacan/y \n office of Governor Governor to appoint in r(.x-«?!< of Legislature.. in office of Senator or Delegate in office of Judges iu office of Clerk of Court of Appeals iu office of Clerks in office of Judjje of Orohans' Court in office of Register of Wills in office of Justice of the Peace and Constables in office of Sherift'. in office of Attorney General in office of State's 'Attorney in Treai^uyy Department in office of Surveyor in office of Wreck-Master on account of failure to pay over moneys Veto Power Viva Voce Vohmteei's Voters, qualifications of registration of Votiruj, elective franchise determined bribery prohibited illegal, to be punished disqualifications for Governor for Senators and Delegates ineligibility Yeas and Nays forjudges for Clerks for Judges of Orphans' Court for Register of Wills for Sheriffs for Officers under New Constitution election Returns in cases of a tie, &c for State's Attorneys for Comptroller and Treasurer for State Librarian, for Commissioner of Land Office for County Commissioners for Surveyor for Wreck-Master for Nev^ County Wards Washington Branch Rail Road Wicomico County Wife WM^y Registers of Witn.e!i Cemetery — (every three years,) located near Hagerstown, for the burial of Confederate dead. One Trustee may be appointed by the Governor of each of the other States, by 1870, ch. 213. Three Visitor's of St. John's Literary Institute, — in Frederick City by private Act. The Mestenffer of the Executive — at the pleasure of the Executive, by Act of 1802. ch. 225, and a keeper of public buildings; two watchmen of public buildings, and a keeper and assistant keeper of steam house, by 1SG2, ch. 15. MILITARY APPOINTMENTS. The Governor nominates, and by and with the advice and consent of the Senate, appoints the foUovring officers of the Militia : The Adjutant General, with the rank of Major General, and salary at the rate of ^2,000 a year: a Quarter Master, a Commissary General, a Chief Engineer, a Chief of Ordinance, Chief of Artillery, Chief of Cavalry, and Inspector General ; a Paymaster General, a Surgeon Gen- eral, and .ludge Advocate General, and such number of Aids-de- Camp, with the rank of Colonel, as may be necessary to the discharge of his duties as Commander-in-Chief, by 1870, ch. 182, Sec. 6. APPOINTMENTS TO FILL VACANCIES. The Governor may make a temporary appointment of United States Senator, until the subsequent meeting of the Legislature, if a vacancy happen by resignation or otherwise during the recess of the Legisla- ture, by ConstiLution of the United States. — Article 1. Sec. 3. The Governor may till vacancies in the following offices under the State Constitution : In the office of Judges, by Article 4, Sec. 5. Judges of the Orphans Court, Article 4, Sec. 40. Justices of the Peace, Article 4, Sec. 43. Sheriifs, Article 4. Sec. 44. Attorney General, Article 4, Sec. o. Treas- urer and Comptroller, Article 6, Sec. 1. Superintendent of Labor and Agriculture, Article 10, Sec. 2. Offices made vacant under Article 15, Sec. 11, for failing to pay over monevs received and payable to the State. The Governor shall ir.siie his warrant of election to fill vacancies in the Senate or House of Delegates, when the Legislature is not in ses- sion. Article 3, Sec. 13. The Governor tills vacancies in all offices of Executive Appointment, and in the fuilowing offices under the Code of General and Local Laws of 1860, and subsequent Acts of Assembly : EXECUTIVE DEPAKTMENT. 49 In the Board of Police Commissioners in Baltimore City, during the recess of the General Assembly, by 18G7, ch. 307, (Sec. 80G, Local Code.) The Governor fills any vacancy occnrrinj,' in the otlice filled by the Secretary of the Senate, whose duty it is to receive the returns of the clerks of the Courts of the re.ii;istration of birtlis, deaths and mar- riaert Bowie. 180C). R()l)ert Wright. 1809. Edward Lloyd. Elected under the Amended Constitution of 1838, for Three Years. William Grason, of Queen Anne's Co 1838. Francis Thomas, of Frederick Co., 1841. Thomas G. Pr.vtt, of Prince George's Co., 1844, Philip F. Thomas, of Talbot Co., 7 1847. Enoch Louis Lowe, of Frederick Co., 1850. Elected under the Constittition, of 1851 for Four Tears. Thomas Watkins Ligon, of Howard Co 1853. Thomas Holliday Hicks, of Dorchester Co., 1857. Augustus W. Bradford, of Baltimore Co., 1861. Elected under the Comtitution of 1864, for Four Tears. Thomas Swann, of Baltimore City, . . . < 1865. {Lt. Governor', C. C. Cox, of Baltimore City,) 1865. Elected under the Constitution of 1867, for Four Tears. Oden Bowie, of Prince George's Co., 18G9. To serve three years from 18G9, by special provision, see Constitu- tion, Article 1, Sec. 1. Wm. Pinkney Whyte, of Baltimore City 1872. To serve four years from the second Wednesday in January, 1873. 53 LEGISLATIVE DEPAHTMENT. LEGISLATIVE DE P AE T M ENT. ARTICLE III. Article III, of the Constitution, prescribes the powers and duties of • the General Asseml^ly, as follows : Section 1. The Legislature shall consist of two distinct Branches; a Senate, and a House of Delegates, and shall be styled the General Assembly of Maryland. Election of Senators. Sec. 2. Each County in the State, and each of the three Legislative Districts of Baltimore City, as they are now, or may hereafter be, de- tined, shall be entitled to one Senator, who shall be elected by the qualified voters of the Counties, and of the Legislative Districts of Baltimore City, respectively, and shall serve for four years from the date of his election, subject to che classification of Senators, hereafter provided for. liepi'esentation in House of Delegates until Next Census. Sec. 3. L'ntil the taking and jjublishing of the next National Cen- sus, or until the enumeration of the jjopufation of this State, under the Authority thereof, the several Counties, and the City of Baltimore, shall have rei)resentation in the House of Delegates, as follows : Alle- gany County, five Delegates ; Anne Arundel County, three Delegates ; Baltimore County, six Delegates ; each of the three Legislative Dis- tricts of the City of Baltimore, six Delegates ; Calvert' County, two Delegates ; Caroline County, two Delegates ; Carroll County, four Delegates ; Cecil County, four Delegates ; Charles County, two Dele- gates ; Dorchester County, three Delegates ; Frederick County, six Delegates ; Harford County, four Delegates ; Howard County, two Delegates ; Kent County, two Delegates ; Montgomery County, three Delegates ; Prince George's County, three Delegates : Queen Anne's County, two Delegates ; Saint Mary's County, two Delegates ; Somer- set County, three Delegates ; Talbot County, two Delegates ; Wash- ington County, five Delegates ; and Worcester County, three Delegates. Basis of Representation. Sec. 4. As soon as may be after the taking and publishing of the next National Census, or afterthe enumeration of the population of this State, under the Authority thereof, there shall be an apportionment of representation in the House of Delegates, to be made on the follow- ing basis, to wit : Each of the several Counties of the State, having a population of eigliteen thousand souls, or less, shall be entitled to two Delegates ; and every County, having a population of over eighteen thousand, and less than twenty-eight thousand souls, shall be entitled to tliree Delegates : and every County, having a population of twenty- eight lliousand, and less than forty thousand souls, shall be entitled to four Delegates ; and every County, having a po})ulation of forty thousand, and less than fifty-five thousand souls, shall be entitled to five Delegates ; and every County, having a population of fifty-five thousand souls, and ujjwards, shall be entitled to six Delegates, and no more ; and each of the three Legislative Districts of the City of Baltimore shall be entitled to the number of Delegates to which the LKGISLATIVE DEPARTMENT. 53 largest County shall, or may be entitled, under the aforegoing appor- tionment. And the General Assembly shall have power to provide by Law, from time to time, for altering and changing the boundaries of the three existing Legislative Districts of the ("ity of Baltimore, so as to make them, as near as may be, of ecjual population ; but said Dis- tricts shall always consist of contiguous territory. Governor to Arrange Representation. Sec. 5. Immediately after the taking and ])ublishing of the next National Census, or after any State enumeration of population, as aforesaid, it shall be the duty of the Governor, then being, to arrange the representation in said House of Delegates, in accordance with the ap])ortionmcnt herein provided for; and to declare, by Proclamation, the number of Delegates, to which each County, and tlie City of Balti- more may be entitled, under such apportionment ; and after every National Census taken thereafter, or after any State enumeration of po])ulation, thereafter made, it shall ])e the duty of the Governor, for the time being, to make similar adjustment of Rej^resentation, and to declare the same by Proclamation, as aforesaid. Election of Delegates. Sec. 6. The members of the House of Delegates shall be elected by the qualified voters of the Counties, and the Legislative Districts of Baltimore City, resi)ectively, to serve for two years, from the day of their election. Time of Elections. Sec. 7. The first election for Senators and Delegates shall take place on the Tuesday next, after the first Monday in the month of Novem- ber, eighteen hundred and sixty-seven ; and the election for Delegates, and as nearly as practicable, for one-half of the Senators, shall be held on the same day, in every second year thereafter. Classification of Senators. Sec. 8. Immediately after the Senate shall have convened, after the first election, under this Constitution, the Senators shall be divided by lot, into two classes, as nearly equal in number as may be — Sena- tors of the first class shall go out of office at the expiration of two years, and Senators shall be elected on the Tuesday next after the first Monday in the month of November, eighteen hunclred and sixty-nine, for the term of four years, to supply their ])laces ; so that, after the first election, one-half of the Senators may be chosen every second year. In case the number of Senators be hereafter increased, such classification of the additional Senators shall be made as to preserve, as nearly as may be, an equal numl)er in each class. Qualifications of Senators and Delegates. Sec. 9. No person shall be eligible as a Senator or Delegate, who at the time of his election, is not a citizen of the State of Maryland, and who has not resided therein, for at least three years, next preceding the day of his election, and the last year thereof, in the County, or in the Legislative District of Baltimore City, which he may be chosen to represent, if such County, or Legislative District of said City, shall have been so long established ; and if not, then in the County, or City, from which, in whole, or in part, the same may have been formed ; 54 LEGISLATIVE DEPAETMENT. nor shall any person be eligible as a Senator, unless he shall have attained the age of twenty-five years, nor as a Delegate, unless he shall have attained the age of twenty-one years, at the time of his election. Persons Ineligible. Sec. 10. No member of Congress, or person holding any civil, or military office under the United States, shall be eligible as a Senator, or Delegate ; and if any person shall after his election as Senator, or Delegate, be elected to Congress, or be appointed to any office, civil, or military, under the Government of the United States, his accept- ance thereof, shall vacate his seat. Ministers Ineligihle. Sec. 11. No Minister or Preacher of the Gospel, or of any religious creed or denomination, and no person holding any civil office of profit, or trust, under this State, except Justices of the Peace, shall be eligi- ble as Senator or Delegate. Defaulters Ineligihle. Sec. 12. No Collector, Receiver, or Holder of public m.oney shall be eligible as Senator or Delegate, or to any offi.ce of profit, or trust, under this State, until he shall have accounted for, and paid into the Treasury all sums on the books thereof charged to, and due by him. Vacancies in Senate or House. Sec. 13. In case of death disqualification, resignation, refusal to act, expulsion, or removal fi"om the county, or city, for which he shall have been elected, of any person, who shall have been chosen as a Delegate or Senator, or in case of a tie between two or more such qualified persons, a Avarrant of election shall be issued by the Speaker of the House of Delegates or President of the Senate, as the case may be, for the election of another person in his place, of which election, not less than ten days notice shall be given, exclusive of the day of the publication of the notice, and of the day of election ; and, if dur- ing the recess of the Legislature, and more than ten days before its ter- mination, such death shall occur, or such resignation, refusal to act, or disqualification be communicated, in writing to the Governor by the person, so resigning, refusing, or disqualified, it shall be the duty of the Governor to issue a warrant of election to -supply the vacancy thus created, in the same manner, the said Speaker or President, might have done, during the session of the General Assembly ; provided, however, that unless a meeting of the General Assembly may intervene, the election, thus ordered to fill such vacancy, shall he held on the day of the ensuing election for Delegates and Senators. Meetings of Legislature. Sec. 14. The General Assembly shall meet on the first Wednesday of January, eighteen hundred and sixty-eight, and on the same day in every second year thoroaftcr, and at no other time, unless convened by proclamation of the Governor. Compensation of Memiers. — Extra Sessions. Sec. IT). The General Assembly may continue its session so long as, in its judgment, the pul)lic interest may require, for a period not longer than ninety days; and each member thereof, shall receive a compensation of fiv(j dollars per diem, for every day he shall attend LEGISLATIVE DErAKTMENT. 55 the session ; but not for such days as he may be absent, unless absent on account of sickness, or by leave ol the House of which he is a member ; and he shall also receive such mileage as may be allowed by Law, not exceeding twenty cents per mile ; and the presiding officer of each House shall receive an additional compensation of three dol- lars per day. When the Gciicral Asseml)ly shall be convened by pro- clamation of the Governor, tlie sesrsion shall not continue longer than thirty days ; and in such case, the compensation shall be the same as herein prescribed. Books Not to he Purchased. Sec. 16. No book, or other printed matter, not appertaining to the business of the session, shall be purchased, or subscribed for, for the use of the members of the General Assembly, or be distributed among them, at the public expense. Disqualijication to Hold Certain Offices. Sec. 17. No Senator or Delegate, after qualifying as such, notwith- standing he may thereafter resign, shall, during the whole period of time for which he was elected, be eligible to any office, which shall liave been created, or the salary, or profits of which shall have been increased, during such term. Exemption for Words in Delate. Sec. 18. No Senator or Delegate shall be liable in any civil action, or criminal prosecution, whatever, for words spoken in debate., Poicers of Each House. Sec. 19. Each House shall be judge of the qualifications and elec- tions of its members, as prescribed by the Contitution and Liws oi the State : shall appoint its own officers, determine the rules of its own proceedintrs, punish a member for disorderly or disrespectful be- havior, and with the consent of two-thirds of its whole number of members elected, expel a member ; but no member shall be expelled a second time for the same oflence. Quorum. Skc. 20. A majority of the whole number of members elected to each House, shall" constitute a quorum for the transaction of business; but a smaller number may adjourn from day to day, and compel the attendant e of absent members, in such manner, and under such penal- ties, as each House may prescribe. Sessions to he Open. Sec. 21. The doors of each House, and of the Committee of the Whole, shall be open, except when the business is such as ought to be kept secret. Journals to le Pttllished — Yeas and Nai/s. Sec. 22. Each House shall keep a Journal of its proceedings, and cause the same to be published. The yeas and nays of the members on any question, shall, at the call of any five of them in the House of Delegates, or one in the Senate, be entered on the Journal. Imprisonment of Disordei'ly Persons. Sec. 23. Each House may ■i)unish by imprisonment, during the ses- sion of the General Assembly, any person, not a member, for disre- 56 LEGISLATIVE DEPARTMENT. spectfal, or disorderly behavior in its presence, or for obstructing any of its proceedings, or any of its officers in the execution of their duties ; provided, such imprisonment shall not, at any one time, exceed ten days. Power's of the House of Delegates as the Grand Inquest. Sec 24. The House of Delegates may inquire, on the oath of wit- nesses, into all complaints, grievances and offences, as the Grand Inquest of the State, and may commit any person, for any crime, to the public jail, tlicre to remain, until discharged by due course of law. They may examine and pass all accounts of the State, relating either to the collection or expenditure of the revenue, and appoint Auditors to state and adjust the same. They may call for all public or official papers and records, and send for persons, whom they may judge neces- sary, in the course of their inquiries, concerning affairs relating to the public interest, and may direct all office bonds which shall be made payable to the State, to be sued for any breach thereof Joint Committee to Examine Contracts and Abuses. And with the view to the more certain prevention, or correction of the abuses in the expenditures of the money of the State, the General Assembly shall create, at every session thereof, a joint Standing Com- mittee of the Senate and House of Delegates, who shall have power to send for persons and examine them on oath, and call for public or official pajDers and records, and whose duty it shall be to examine and report upon all contracts made for printing stationery, and purchases for the public offices and the Library, and all expenditures therein, and upon all matters of alleged abuse in ex])enditures, to which their attention may be called by resolution of either House of the General Assembly. Special Adjournments. Sec. 25. Neither House shall, without the consent of the other, adjourn for more than three days, at any one time, nor adjourn to any other place, than that in which tlie House shall be sitting, without the concurrent vote of two-thirds of the members present. Impeachment. Sec, 26. The House of Delegates shall have the sole power of im- peachment in all cases; but a majority of all the members elected must concur in the impeachment. All impeachments shall be tried by the Senate, and when sitting for that j)urpose, the Senators shall be on oath, or affirmation, to do justice according to the law and the evidence ; but no person shall be convicted without the concurrence of two-tliirds of all the Senators elected. Either Iloufie May Originate Bills. Sec. 27. Any bill may originate in either House of the General Assembly, and be altered, amended, or rejected by the other ; but no bill shall originate in either House during the last ten days of the session, imless two-thirds of the members elected thereto, shall so de- termine by yeas and nays; nor shall any bill become a Law, until it be read on three different days of the session in each House, unless two-thirds of the members elected to the House, where such bill is pending, shall so determine by yeas and nays ; and no bill shall be LEGISLATIVE DEPARTMENT. 57 read a third time until it shall liave been actually engrossed for a third reading. Passage of Bills. Sec. 28. No bill shall become a Law, unless it be passed in each House, by a majority of the Avhole number of the members elected, and on its ihial passage, the yeas and nays l)e recorded ; nor shall any Resolution, requiring the action of both Houses, be passed, except in the same manner. Mode of Enactment of Laws. Sec. 29. The style of all Laws of this State shall be, "Be it enacted by the General Assembly of ]\Iaryland :" and all Laws shall be passed by original bill ; and every Law enacted by the General Assembly, shall embrace but one subject, and that shalfbe described in its title; and no Law, nor section of Law, shall be revived, or amended by reference to its title, or section only ; nor shall any Law be construed by reason of its title, to grant powers, or confer rights which are not expressly contained in the body of tlie Act ; and it shall be the duty of the General Assembly, in amending any article, or section of the Code of Laws of this State, to enact the same, as the said article, or section would read when amended. And whenever the General Assembly shall enact any Public General Law, not amendatorv of any section, or article in the said Code, it shall be the duty of the General Assembly to enact the same, in articles and sections, in the same man- ner, as the Code is arranged, and to provide for the publication of all additions and alterations, which may be made to the said Code. The Oovernor to Sign Bills, &c. Sec. 30. Every bill, when passed by the General Assemblv, and sealed with the Great Seal, shall be presented to the Governor, who, if he approves it. shall sign the same in the presence of the presiding officers and Chief Clerks of the Senate and House of Delegates. \To Pass Bills over tlie Oovernor' s Vote: Sec. 17, of Article II, (which is interpolated here,) provides that Every Bill which shall have passed the House of Delegates and Senate, shall before it becomes a Law, be presented to the Governor of the State; if he approve he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which House shall enter the oVjections at large on its Journal, and proceed to reconsider the Bill; if after such reconsideration, three-fifths of the members elected to that House shall pass the Bill, it shall be sent, with the objections to the other House, by which it shall likewise be recon- sidered, and if passed by three-fifths of the members elected to that House, it shall become a Law; but in all such cases, the votes of both Houses shall be determined by yeas and nays ; and the names of the persons voting for and against the Bill, shall be entered on the Journal of each House respectively; if any Bill shall not be returned by the Governor within six days, (Sundays excepted,) after it shall have'been presented to him ; the same shall" be a Law in like manner as if he signed it ; unless the General Assembly shall, by adjournment, pre- vent its return ; in which case it shall not be a Law.] 08 LEGISLATIVE DEPARTMENT. Laws to le Recorded in Court of Appeals. Every Law shall be recorded in the office of the Court of Appeals, and in due time, be j^i'iuted, j)ublished and certified under the Great Seal, to the several Courts, in the same manner as has been heretofore usual in this State. When. Laws Take Effect. Sec. 31. No Law passed by the General Assembly shall take effect, until the first day of June, next after the Session at which it may be passed, unless it be otherwise expressly declared therein. Appropi'iations to ie Made hy Law — Contingent Fund. Sec. 32. No money shall be drawn from the Treasury of the State, by any order or resolution, nor except in accordance with an appro- priation by Law, and every such Law shall distinctly specify the sum appropriated, and the object, to which it shall be applied ; provided, that nothing herein containeu, shall prevent the General Assembly from placing a contingent fund at the disposal of the Executive, who shall report to the General Assembly, at each Session, the amount exiDcnd^d, and the purposes to which it was applied. An accurate statement of the receipts and expenditures of the public money, shall be attached to, and published with the Laws, after each regular Session of the General Assemlily. Local and Special Laws Not to le Passed. Sec. 33. The General Assembly shall not pass local, or special Laws, in any of the folloAving enumerated cases, viz. For extending the time for the collection oi taxes ; granting divorces ; changing the name of any person ; providing for the sale of real estate, belonging to minors, or other persons laboring under legal disabilities, by executors, ad- ministrators, guardians or trustees ; giving eflect to informal, or in- valid deeds or Avills ; refunding money paid into the State Treasury, or releasing persons fi-om their debts, or obligations to the State, un- less recommended by the Governor, or officers of the Treasury Depart- ment. And the Gei;eral Assembly shall pass no special Law, for any case, for which provision has been made, by an existing General Law. The General Assembly, at its first session after the adoption of this Constitution, shall pass General Laws, providing for the cases enumer- ated in this section, which are not already adequately provided for. and for all other cases, where a General Law can be made applicable, Debts not to ie Contracted nor State Credit Given — The PuUic Debt. Sec. 34. No debt shall be hereafter contracted by the General Assembly, unless such debt shall be authorized by a Law, providing for the collection of an annual tax, or taxes, sufficient to pay the inter- est on such debt, as it falls due; and also, to discharge the principal thereof, within fifteen years from the time of contracting the same; and the taxes laid for this purpose, shall not be re])ealed, or applied to any other object, until the said debt, and interest thereon, shall be fully discharged. The credit of the State shall not in any manner be given, or loaned to, or in aid of, any individual association or corpora- tion ; nor shall the General Assembly have the power, in any mode, to involve the State in the construction of Works of Internal Improve- ment, nor in granting any aid thereto, -whicli shall involve the faith LEGISLATIVE DEl'AKTMENT. 59 or credit of the State ; nor make any appropriation therefor, except in afd of tlie construction of "Works of Internal Improvement, in the counties of Saint Mary's, Cliarlcs and Calvert, which have had no di- rect advantage Jrom such works as have l)een heretofore aided by the State; and provided, that such aid, adyances or appropriations sliall not exceed in the aggregate tlie sum of live hundred thousand dollars. And they shall not use, or ai)])ro])riate the proceeds of the Internal Improvement Companies, or of the State tax, now levied, or which may hereafter be levied, to pay oft" Ihe i)ublic debt, to any other purpose until the interest and debt are fully j^aid, or the sinking fund shall be equal to the amount of the outstanding debt; but the General Assem- bly may, without laying a tax, ln)rr<)W an amount never to exceed fifty thousand dollars, to meet temporary deficiencies in the Treasury, and may contract debts to any amount that may be necessary for the defence of the State. Extra Compensation Not to he Allowed. Sec. 35. No extra compensation shall be granted, or allowed, by the General Assembly, to any Public Ofilcer, Agent, Servant or Contractor, after the service shall have been rendered, or tlss contract entered into ; nor shall the salary, or compensation of any public oliicer be increased or diminished during his term of office. Lotte?Hes Prohihifed. Sec. 30. No Lottery grant shall ever hereafter be authorized by the General Assembly. Payment for Slaves Prohibited. Sec. 37. The General Assembly shall pass no Law provided for joay- mcnt, by this State, for slaves emancipaicd from servitude in this State; but they shall adopt such measures, as they may deem exi)edi- ent, to obtain from the United States, compensation for such slaves, and to receive and distribute the same, equitably, to the persons en- titled. No Imprisonme?it for Debt. Sec. 38. No person shall be imprisoned for debt. Bank Charters and Liabilities. Sec. 39. The General Assembly sliall grant no charter for Banking purposes, nor renew any Banking Cor])oration, now in existence, except upon the condition that the Stockholders shall be liable to the amount of their respective Share, or Shares of Stock in such Banking Listitution, for all its debts and liabilities, upon note, bill, or other- wise ; the books, jjapers and accounts of all Banks shall be open to inspection, under such regulations as may be prescribed by Law. Compensation for Property Taken for Public Use. Src. 40. The General Assembly shall enact no Law authorizing pri- vate property, to be taken for public use, wdthout just compcn'--ati(m, as agreed ujion between the parties, or awarded by a jury, being first paid, or tendered to the party, entitled to such compensation. Duellists Ineligible. Sec. 41. Any citizen of this State, who shall, after the adoption of this Constitution, either in or out of this State, tight a duel with deadly weapons, or send or except a challenge so to do, or who shall 60 LEGISLATIVE DEPARTMENT. act as a second, or knovtangly aid or assist, in any manner ; those offend- ing, shall, ever thereafter,"be incapable of holding any office of profit or trust under this State, unless relieved from the disability by an Act of the Legislature. Purity of Elections. Sec. 42. The General Assembly shall pass Laws necessary for the preservation of the i^urity of Elections. Wife's Properti/ Protected. Sec. 43. The property of the wile shall be protected from the debts of her husband. Exemption Laws. Sec. 44. Laws shall be passed by the General Assembly, to protect from execution a reasonable amount of the property of the debtor, not exceeding in value, the sum of five hundred dollars. Compensation of Clerks and Registers. Sec. 45. The General Assembly shall provide a simple and uniform system of charges in the offices of Clerks of Courts, and Registers of Wills, in the Counties of this State and the City of Baltimore, and for the collection thereof; provided, the amount of comjiensation to any of the said otiicers, in the various Counties, shall not exceed the sum of three thousand dollars a year, and in the City of Baltimore thirty-five hundred dollars a year over and above office expenses, and compensa- tion to assistants; and provided, further, that such compensation of Clerks, Registers, assistants and office expenses, shall always be paid out ot the fees, or receipts of the offices, respectively. Legislature may Receive Donations from the United States. Sec 46. The General Assembly shall have jiower to receive from the United States, any grant or donation of land, money, or securities for any ])urpose designated by the United States, and shall administer or distribute the same according to the conditions of the said grant' Contested Elections. Sec. 47. The General Assembly shall make provisions for all cases of contested elections of any of the officers, not herein provided for. Corporations to le Farmed under Oeneral Laws — Charters may le Repealed. Sec. 48. Corporations may be formed under general Laws ; but shall not he. created by special Act, except for municipal purjioses, and except in cases, where no general Laws exist, providing for the crea- tion of corjjorations of the same general character, as the corporation proposed to be created ; and any Act of incorjjoration, i:)assed in viola- tion of this section shall be void. And as soon as practicable, after the adoption of this Constitution, it shall be the duty of the Governor, to ap])()int three persons learned in the Law, whose duty it sliall be to prepare drafts of general Laws, providing for the creation of corpora- tions, in such cases as may be proper, and for all other cases, where a general Law can be made ; and for revising and amending, so far as may be necessary, or ex])e(lient, the general Laws wliirli may l)e in ex- istence on the lirst day of June, eighteen hundred and sixty-seven, providing for the creation of corpuratious, and lor other purposes; LEGISLATIVE DEPARTMENT. 61 and such drafts of Laws shall, by said commissioners, be submitted to the General Assembly, at its iirst meeting, for its action thereon; and each of said commissioners slnxU receive a compensation of five hun- dred dollars for his services, as such commissioner. All Charters granted, or adopted in pursuance of this section, and all Charters heretofore granted and created, subject to rejjcal or modi- fication, may l:)e altered from time to time, or be repealed ; provided, nothing herein contained shall be construed to extend to Banks, or the incorporation thereof. Regulation of Elections. Sec 49. The General Assembly shall have power to regulate by Law, not inconsistent with this Constitution, all matters which relate to the .Judges of election, time, place and manner of holding elections in this State, and of making returns thereof. Punishment of Bribery, Sec. 50. It shall be the duty of the General Assembly, at its first session, held after the adoption of this Constitution, to provide by Law for the punishment, by tine, or imprisonment in the Penitentiary, or both, in the discretion of the Court, of any person who shall bribe, or attempt to bribe, any Executive or .Judicial otTiccr of the State of Marylanrl, or any member, or officer of the General Asscmljly of the State of Maryland, or of any municipal corporation in the State of Maryland, or any Executive ofiicer of such corporation, in order to infiuence him in the performance of any of his official duties ; and, also, to ])rovide by Law for the ]mnishment, by fine, or imprisonment in the Penitentary, or both, in the discretion of the Court, of any of said officers or members, who shall demand, or receive any bribe, fee, reward, or testimonial, for the performance of his official duties, or for neglecting, or failing to perform the same ; and also, to provide by I^aw for compelling any person, so bribing, or attempting to bribe, or so demanding or receiving a bribe, fee, reward, or testimonial, to testify against any person or persons who may have committed any of said ofiences ; provided, that any person, so compelled to testify, shall be exempted from trial and punishment for the ofience, of v.diich he may have been guilty ; and any person convicted of such ofience, shall, as part of the punishment thereof, be forever disfranchised and dis- qualified from holding any oflice of trust, or profit, in this State. Taxation of Personal Property. Sec. 51. The personal property of residents of this State, shall be su1)iect to taxation in the county or city, where the resident bona Jid-z resides for the greater part of the year, for which the tax may, or shall be levied, and not elsewhere, except goods and chattels permanently located, which shall be taxed in the city or county where they arc so located. Appropi'iations for Private Claims. Sec. 53. The General Assembly shall appropriate no money out of the Treasury for payment of any jjrivate claim against the State ex- ceeding three hundred dollars, unless said claim shall have been first presented to the Comptroller of the Treasury, together with the proofs upon which the same is founded, and reported upon by him. 63 LEGISLATIVE DEPARTMENT. No Witness Incompetent. Sec. 53. No person shall be incompetent, as a witness, on account of race or color, unless hereafter so declared by Act of the General Assembly. No County to Contract Debt unless AxitTiorized. Sec. 54. No County of this State shall contract any debt, or obliga- tion, in the construction of any Railroad, Canal, or other work of Internal ImiJrovement, nor give, or loan, its credit to, or in aid of any association or corporation, unless authorized by an Act of the General Assembly, which shall be published for two months before tlie next election for members of the House of Delegates in the newspapers iniblished in such county, and shall also be aj^proved by a majority of all the members elected to each House of the General Assembly at its next session after said election. Habeas Corpiis. Sec. 55. The General Assembly shall pass no Law suspending the privilege of the Writ of Habeas Cm'pus. Laics to Execute Vested Powers. Sec. 56. The General Assembly shall have power to pass all such Laws as may be necessary and i:)ropcr for carrying into execution the powers vested, by this Constitution, in any department, or office of the Government, and the duties imposed upon them thereby. Bate of Interest. Sec. 57. The Legal Eate of Interest shall hesLx per c^nt.per annum; vmless otherwise provided by the General Assembly. Foreign Coi'porations to le Taxed. Sec. 58. The Legislature at its first session, after the ratification of this Constitution, shall provide by Law for State and municipal tax- ation upon the revenues accruing fi-om business done in the State by all foreign corporations. Pension System AbolisTied. Sec. 59. The office of "State Pension Commissioner" is hereby abolished ; and the Legislature shall pass no Law creating such office, or establishing any general pension system within this State. LEGISLATIVE DEPAKTMENT. 63 POWEES AND DUTIES OF THE GENERAL ASSEM- BLY UNDER OTHER PROVISIONS OP THE CONSTITUTION. The following additional provisions relating to the powers and duties of the General Assembly, are contained in other Articles of the Constitution, viz. Punishment of Illegal Voting.— Kviu'Xa 1, Sec. 4, of the Constitution declares that it shail be the' duty of the General Assembly, to ])ass Laws to punish with fine and imprisonment, any person who shall remove into any election district or precinct for the purpose of voting illegally. Registration of Voters. — Article 1, Sec. 5, requires the General Assem- bly to provide by Law for a uniii)rm registration of voters in this State. llemoval of Judges. — By Article 4, Sec. 4, any Judge shall be re- moved from ofiice, by the Governor, on the address of the General Assembly, two-thirds of each House concurring in such address, and the accused liaving being notified of the charges against him, and hav- ing had opportunity of making his defence. ^Fixecl Pay far Court Officers. — By Article 4, Sec. 9, it shall be the duty of the General Assembly, to prescri!)e, by Law, a fixed compensa- tion for all Court officers appointed by the Judges. The Judge of Court of Appeals from Baltimore City may have Ad- ditio7ial Duties Prescribed. — By Article 4, Sec. 14, the Judge of the Court of Ai)peals from the City of Baltimore, shall, in addition to his duties as Judge of the Court of Appeals, perform such other duties as the General Assembly shall prescribe. Teryns of the Court of Appeals. — By Article 4, Sec. 14, the General Assemlily may, by Law, change the time at which the sessions of the Court of Appeals are held. PnUication of Reports. — By Article 4, Sec. 16, provision shall be made, by Law, for the publication of reports of cases determined in the Court of Appeals. May Change or Enlarge., cf'C, the Jurisdiction of Courts in Baltimore City. — By Article 4, Sec. 39, the General Assembly shall, when they think the same proper and expedient, provide, by Law, for another Court in the City of Baltimore, and prescribe its jurisdiction and powers. And the General Assembly may change, reapportion or en- large the jurisdictions of the several Courts in Baltimore City. Pay of the Orphans Court Judges. — By Article 4, Sec. 40, the Legis- lature may fix the compensation of Judges of the Orphans Court. Duties of Cm-oners, &c. — By Article 4, Sec. 45, the Legislature may prescribe the duties of Coroners, Elisors and Notaries Public. Comptroller'' s Reports. — By Article 6, Sec. 2, the Comptroller shall make full reports of all his proceedings, &c., to the General Assembly within ten days after the commencement of the session. The Duties, &c., of County Commissioners. — By Article 7, Sec. 1, the duties, powers, number and compensation of County Commis- sioners, shall be the same as they now are or may hereafter be pre- scribed by Law. Duties of County Surveyors. — By Article 7, Sec. 2, the duties and compensation of the County Surveyors shall be the same as they now are, or may hereafter be prescribed, by Law. 64 LEGISLATIVE DEPARTMENT. Dttties of the Wreckmasters. — By Article 7, Sec. 6, the duties of the Wreckmasters of Worcester County shall be the same as they now are, or may hereafter be prescribed by Law. Public Sclwoh. — By Article 8, 8ec, 1, the General Assembly shall, by Law, establish throughout the State a thorough and efficient system of free public scliools, and shall provide by taxation or otherwise, for their maintenance. Militia. — By Article 9, Sec. 1, the General Assembly shall make, from time to time, such provision for organizing, eqv;ipping and dis- ciplining the Militia as the exigency may require, and pass such laws to i^romote volunteer Militia organizations, as may afford them ef- fectual encouragement. Superintendent of Labor, d'C. — The Superintendent of Laljor and Agriculture, shall make detailed reports to the General Assembly within the first week of its session. Under the provisions of the Con- stitution, the above office has expired. Baltimore City. — By Article 11, Sec. 9, the General Assembly shall make such changes in the Article entitled Baltimore City, except in the second section thereof, as they shall deem best. [See Act of 1870 ch. 116, changing the Mayor's term of office from four to two years.] Reasons for Pardons Granted. — Article 2, Sec. 20, i:)rovides that the Governor, when required by either "Branch" of tlie Legislature, shall report to it the petitions, recommendations and reasons which influ- enced him in the granting of pardons. Election Beturns for Governor. — By Article 2, Sections 2 and 3, of the Constitution, the retui'ns of the election for Governor, which have been enclosed and transmitted to the Secretary of State, under seal, addressed to the Speaker of the House of Delegates, shall be delivered to said Si)eaker at the commencement of the session of the General Assembly, next ensuing said election. The Speaker of the House of Delegates shall then open the said returns in the presence of both Houses, and the person having the highest number of votes, and being constitutionally eligible, shall be the Governor. Election of Governor hy the Legislature. — By Article 2, Sec. 6, of the Constitution, the Governor is to be elected by the General Assembly, in case of a tie vote, ineligibility or vacancy from any cause. (See "Executive Department," Article 2 of Constitution.) Impeachment of the Governor. — By Article 2, Sec. 7, the Legislature may provide by Law for the impeachment of the Governor, and may declare what person shall perform the Executive duties ; and if a vacancy should occur without such provision being made, the Legis- lature shall be convened by the Secretary of State for the purpose of filling said vacancy. NoiidiuUion of Civil Officers. — Article 2, Sec. 13, requires all civil ofiicers, appointed by the Governor and Senate, to be nominated to the Senate within fifty days from the commencement of the Legislature. Nonilnat'^rs to Fill Vacancies. — By Article 2, Sec. 11, the nomination of a person a])i)ointed to fill a vacancy during the recess of the Senate, or of some other person in his place, shall be made to the Senate within thirty days after the meeting of the next Legislature. New CuunticH Formed Inj Consent of Voters. — By Article 13, Sec. 1, the General Assembly may provide, by Law, for organizing new counties, locating and removing county seats, and changing county lines; but no new county shall be organized without the consent of LEGISLATIVE DEPARTMENT. 6-3 the majority of legal voters residing within the limits proposed to be formed into said new county ; and whenever a new county shall be proposed to be formed out of portions of two or more counties, the consent of a majority of legal voters of such parfe'of each of said counties, respectively, shall be required ; nor shall tlie lines of any county be changed 'without the consent of a majority of the legal voters residing within the district, which, under said proposed change, would form a'part of a county diflerent from that to which it belonged I^rior to said change. Population and Area. — The same Section provides that no new cou]ity shall contain less than four hundred square miles, nor less than ten thousand white inhabitants ; nor shall any change be made within the limits of any county, whereby the population of said county, would be reduced to less than ten thousand v.hite inhabitants, or its territory reduced to less than four hundred square miles. POWERS, DUTIES, &c., OP THE GENERAL ASSEM- BLY, PRESCRIBED BY GENERAL LAWS. The following powers and duties of the General Assembly, arc pre- scribed by the General Laws : Oath of Office. — The Oath required to be taken and subscribed by the members of the General Assembly, shall be administered by a member of the Senate to the President, who shall administer the same to tlie other members of that body, and to its officei's, &c., the same shall be subscribed accordingly, and be administered by one of the members of the House of Delegates to the Speaker, and by him to the other members of that body and its officers, where the same shall be subscribed accordingly. — Article GS, Sec. 3, P. G. L. Organisation. — Whenever the General Assembly shall meet, it shall not be necessary for any officer of the preceding General Assembly to be present, except the chief clerk, reading clerk and doorkeej^ers of the House of Delegates, and the Secretary, Assistant Secretary and doorkeeper of the Senate : and payment of any other officer of the preceding General Assemblv, than those herein enumerated, is hereby forbidden.— By 18(58, ch. 61^ Cornpenmtlon and Mileage of Members. — The members of the General Assembly are paid five dollars per day, under the Constitution ; and both mcmljers and officers of the General Assembly are paid the fol- lowing mileage, under the Act of 1808, ch. 78 : From Allegany, $80 00. From Harford $27 00. Anne Arundel Except fi'om Annapolis, j> l.j 00. Howard, Kent, 18 00. G4 00. Baltimore City, 15 00. Montgomery, 26 00. Baltimore County , 19 00. Prince George's, 25 00. Calvert, 50 00. Queen Anne's, G8 00. Caroline, 74 00. St. Mary's, 71 00. Carroll, 30 00. Somerset, 92 00. Cecil, 36 00. Talbot, 80 00. Charles, 48 00. Washington, 49 00. Dorchester, 90 00. Wicomico, 86 00. Frederick, 5 33 00. Worcester, 94 00. 66 LEGISLATIVE DEPARTMENT. Stationeri/. — The State Librarian shall not furnish to any member of the General Assembly, an amount of stationery exceeding in value twenty-five dollars, and any member may at election take such amount in stationery, or money, or of both, to said amount. Tlie Secretary of the Senate and chief clerk and reading clerk of the House of Dele- gates, may be allowed the same amount of postage stamj^s and station- ery as is now, or may be, by Law, hereafter allowed to the memlicrs of the General Assemljly ; and to each of the other officers of the Sen- ate and House of Delegates, stationery may be allowed not to exceed five dollars in value, and postage stamps to same amount. — 1868, eh. 70, as amended by 1870, ch. 411. Additional Compensation. — The Secretary of the Senate and chief clerk of the House of Delegates, receive three hundred dollars per vear for two years, for -services rendered in the recess of the General Assembly.— 1870, chs. 409 and 454. Puhlie Printing. — The Public General Laws, Article 76, provides for the Printing of the General Assembly as follows : Sec. 1. The Senate and House of Delegates shall provide for the printing of the Journal of Proceedings, Bills, Repcn-ts and other docu- ments of their respective Houses as directed in the following sections: Sec. 2. Each House, in contracting for the printing of said docu- ments, shall require that a sufficient number of copies of the Journal of Proceedings of each day be furnished on the next succeeding day to the Secretary and Chief Clerks of the two Houses respectively, to supply each member and officer thereof with one copy, and that a like number of all Bills and Reports, ordered to be printed, be furnished and distributed to said memljers and ofiicers ; and that the offices of the Executive, the Comptroller, the Treasurer and the Commissioner of the Land Office, and the State Library, be severally reguhirly sup- plied with one copy of said Journals and Reports, and the Lil^rary with six additional copies of the Bills. Sec. 3. Nothing contained in the preceding Section shall prevent either House Iron, having printed extra cojiies of any RejJort or other document for distribution among the people. Sec. 4. Each House shall provide for the printing in addition to the copies required in the second Section of this Article, five hundred copies of their Journals of Proceedings, and a like number of copies of the various Reports and other documents, which may be ordered to be printed, in compact form, which said copies shall l)e delivered in sheets to the State Liljrarian, within thirty days after the adjourn- ment of the General Assembly. Sec. 5. The two Houses shall jointly contract for one thousand copies of the Acts and Resolutions of the General Asseml)ly, with marginal notes and indexes ; the work of i^rinting the same to be prosecuted during the session, and to be comj^leted within fifty days after the close thereof and delivered in sheets to the State Librarian. Sec. 6. Each person who shall l)e einployed as Printer to either House, or Printer of tlie Acts and Resolutions, shall enter into bond in the sum of $1,000, to be approved l)y the Treasurer of the State, for the faithful performance of his trust. Pidiliration of Lmm in Newspapers. — By the Act of 1865, ch. 31, as amended by tlie Acts of 1868, cli. 440, of 1870, chs. 174, and 274, every Public General Law, which is made to take effect before the first day LEGISLATIVE DEPARTMENT. 67 of June next, after the session at which it may be passed, shall, immedi- atelv after its paspa_Q:e ]>e pul'liphed, at the expense of the State, daily for one week, in two daily newspapers of the City of Baltimore, one of which shall be printed in the German lanj^uage, and one newspaper in each county, having the largest circulation, if there be a paper published in said county. Every Public Local Law made to take effect before the first day of Jane next, after the session at which it may be jjassed, shall, immedi- ately after its passage, be published once in each of three successive weeks in such newspajiers, of the res^^ective counties in which it may operate, as the County Commissioners may direct, and in case any such law, is to operate in the City of IJaitimore, then once in each week, for three successive weeks in such daily newspapers, published in said city, as the Maj'or thereof may direct, and the Mayor and City Council of Haltimore, and the County Commissioners of the several Counties, shall provide for payment of the exjienses of such pul)lication ; but none of the provisions of this Act shall apply to either Somerset, Dorchester, Washington,Wicomico or Worcester Counties. (See Local Act of 1873, ch. 410, for Washington County.) Duties of the Secretary of Senate and the Chief Cleric of the Ilovse. — A certified copy of every Public Local Law, made to take efl:ect as aforesaid, shall, immediately after its ])assage, be transmitted by mail, by the Secretary of the Senate, (if the same originated in the Senate,) and by the Chief Clerk of the House of Delegates, (if the same originated in the House of Delegates,) to the County Commis- sioners of the county or counties, in -wliich the same may operate, or to the ]\Iayor of the City of Baltimore, if the same is to operate in that City ; and it shall be the duty of the said County Commissioners and Mayor, upon receipt of such certified copy, to have the same published as provided in Section second. A certified copy of every Public General Law, made to take effect, as aforesaid, shall be transmitted by mail, by the Secretary of the Senate, (if the same originated in the Senate,) and by the Chief Clerk of the House of Delegates, (if the same originated in the House of Delegates,) to such two daily newspapers of the City of Baltimore, and one newspaper in each county, having the largest circulation, (if there be a newspaper published in said county,) as the President of the Senate and the Speaker of the House of Delegates may respec- tively designate, for publication, as provided in the first Section of this Article. Counties Exempted. — The Act of 1870, ch. 105, exempts Worcester and Somerset Counties, and 1870, ch. 174, exempts Wicomico and Dorchester Counties from the effect of the Second Section of the Act of 18G5, ch. 31, so far as relates to the jjublication of the Local Laws in the newspapers of the counties. Advertising County Internal Improvement Acts. — The Act of 1870, ch. 281, provides that whenever, in pursuance of the 54th Section of Article three of the Constitution, any Act of the General Assembly authorizing a county of this State to contract any debt or obligation in the construction of any Railway, Canal or other Work of Internal Improvement, or to give or loan its credit to, or in aid of any Associ- ation or Corporation, shall be ])ublished, it shall be the duty of said Association, or Corporation, or of those individuals to be benefited by 08 LKGIGLATIVE DEPARTMENT. said Act of the General Assembly, to furnisli certificates, under oath, of such publication, to the C4ove]'nor of the State, and the President of the Senate and Sj^eaker of the House of Delegates of the General Assembly, next succeeding the passage of said Act, and the cost of such jjublication shall be defrayed as is now required to be done in the publication of Local Laws. . Presidential Electors.— The Act of 1870, ch. 107, appropriated $500, or so much thereof as was necessary to pay the jjer diem and mileage of the Electors of President and Vice-President of the United States, in and for the State of Maryland, and their officers and attendants. [A similiar appropriation is always made by the General Assembly in anticipation of the meeting of the Electoral College of the State. Cancelled Bonds^ &c. — By Act of 1862, chap. 112, the Committee on Finance of the Senate, and the Committee on Ways and Means of tlie House of Delegates, shall, during each session of the Legislature, examine, count, and bum all bonds and certilicates of stock as have been purchased or obtained, up to the close of the iiscal year, next l)receding the session, which have been purchased by the Comp- troller and Treasurer for the sinking fund, and shall report to the Legislature their proceedings. Contested Ekctims.— Article 35, Sec. 52, P. G. L., 1865, ch. 143.— All contested elections for Comptroller of the Treasury, Commissioner of the Land Office, Judges, Clerks of the Courts of Law, and Register of Wills, shall be decided by the House of Delegates, and the testi- mony shall be taken in such cases in the same manner as herein pre- scriljcd in contested seats of the Senate or House of Delegates. Defaulters. — By Article 62, Sec. 7 of the General Laws, the Com- mittees on Elections of the two Houses of the General Assembly, shall, at every session thereof, ascertain from an examination of the books of the Treasurer whether any member elect of their respective Houses is in default to the Treasury, and if so, report the same to their respective Houses. CLASSIFICATION OF STATE SENATORS. In compliance with Section 8 of Article 3, of the Constitution, at the session of the General Assembly of 1868, (see Senate Journal, Jan- uary 10th, 1868,) the Senators were divided by lot into two classes, as nearly equal in number as may be. Senators of the first class to go out of office at the expiration of two years; and Senators of the sec- ond class to hold oflice for four years, so that one-half of the Senators are now elected every general election for four years. The counties, &c., drawing the first class, or two years term ending November 1869, were as follows : Second Legislative District of Baltimore city, Allega- ny, Caroline, Cecil, Charles, Dorchester, Harford, Montgomery, Prince George's, St. Mary's, Talbot and Worcester. — 12. To equalize the number, Garrett county will be in the first class. The remaining counties, &c., drew the second class or four years term ending November, 1871, viz. First and Third Legislative Dis- tricts of Baltimore city, Anne Arundel, Baltimore coimty, Calvert, Car- roll, Frederick, Howard, Kent, Queen Anne's, Somerset, Wicomico and Washington. — 13. The thirteen counties, ttc, of the second class will elect Senators in November, 1875, 1879, and every four years thereafter. The twelve counties, &c., of the first class will elect Senators in 1877, 1881, &c. PUBLIC OFFICERS ELECTED BY GENERAL ASSEMBLY. The rnited States Senators. State Treasurer and the Baltimore City Police Commissioners, are elected by the Legislature on joint ballot. ELECTION OF UNITED STATES SENATORS. The United States Senators are elected by the several State Legis- latures for a term of six years, under the Constitution of the United States, Article 1, Section 3, as follows: TTie United States Senate. 1. The Senate of the United States shall be composed of two Senators from each state, chosen by the Legislature thereof, for six years ; and each Senator shall have one vote. Classification — Vacancies. 2. Immediately after they shall be assembled in consequence of the first election, they shall be" divided, as equally as may be, into three classes. The seat's of the Senators of the tirst class, shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the" third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if va- cancies hai)pen by resignation or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. Qualifications of Senators. 3. No person shall be a Senator who shall not have attained to the the age of thirty years, and been nine years a citizen of the L'nited States, and who shall not, when elected, be an inhabitant of that Statf for which he shall be chosen. — 1787, Sept. 28th. Hoio Classified in Maryland. The seats of the Maryland Senators were drawn for as provided in the above section of the Constitution of the L'nited States, as follows : The State of Maryland elects a Senator of the first class from the Western Shore, whose term of office commences every sixth year from the fourth of 3Iarch, 1789, (or 1875.) and also a Senator of the third class from the Eastern Shore, whose tenn of office commences every sixth year from the date of the fourth of March, 1801 or 1879. When Senators are Elected. As the Act of Congress requires Senators to be chosen by the Legis- lature elected next preceding the expiration of their term, the suc- cessors of the present Senators will be elected at the Sessions of the General Assembly held in 1874 and 1878, and every sixth year from each of those dates. UNITED STATES SENATORS. 69* MODE OF ELECTING UNITED STATES SENATORS. The Act of Congress passed 25th of July, 1866, prescribes the man- ner of the election of Senators of the United States, as follows: Sec. 1. The Legislature of each State, which shall be chosen next preceding the expiration of the time for which anv Senator was elect- ed to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in the place" of such Senator so going out of office, in the following manner : Each House shall, openly, by a Tiva voce vote of each member pres- ent, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each House, shall be entered on the journal oi each House, by the clerk or secretary thereof; but if either House shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day fol- lowing that on which proceedings are required to take place, as afore- said, the members of the two Houses shall convene in joint assembly, and the journal of each House shall then be read, and if the same per- son shall have received a majority of all the votes in each House, such person shall be duly declared elected Senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each House, or if either House shall have failed to take proceedings as required by this Act, the joint assembly shall then proceed to choose, by a viva voce vote ot each mem- ber present, a person for the purpose aforesaid ; and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to Ijoth Houses being present and voting shall be declared duly elected ; and in case no person shall receive such major- ity on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day, during the session of the Legisla- ture, and take at least one vote until a Senator shall be elected. Vacancies. Sec. 2. Whenever on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed on the second Tues- day after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a Senator for a full term; and if a vacancy shall haj)- pen during the session of the Legislature, then, on the second Tuesday after the Legislature shall have been organized and shall have notice of such vacancy. Certijieate of Election. Sec. 3. It shall l)e the duty of the Governor of the State fi-om which any Senator shall have been chosen as aforesaid, to certify his election, under the Seal of tlie State, to the President of the United States, wliich certificate shall be countersigned by the Secretary of State ot the State. MARYLAND UNITED STATES SENATOBS. The following is a list of Maryland Senators in the United States Senate, from the commencement of the Government to the ])resent time. [AVhere the date of the election of Senators by the Geiieral Assembly is given, the term of otRce commences on the 4th of March ending the term of their predecessors, except where elected or axJi^ointed to fill unexpired terms. The term of ofiice is six years.] Senatoes phom the Western Shore. 1789, March 4th, Hon. Charles Carroll, Carrollton. 1793, January 10th " Eichard Potts, Frederick Co. 179(>, Noveml^er 30th, " John Eager Howard, Baltimore Co, 1803, i\Iarch 4th, » Samuel Smith, Baltimore Co. 1816, January 29th « Robert G. Harper, Baltimore Co. 1816, December 20th, " Alexander Contee Hanson, Balto. Co. 1819, Deceml)er 21st, " AVilliam Pinkney, Baltimore City. 1822, December 15th, " Samuel Smith, Baltimore Co. 1833, March 4th « Joseph Kent, Prince George's Co, 1838, January 4th, " William D. Merrick, ChaHes Co. 1845, March "4th, " Beverdv Johnson, Baltimore City. 1849, December 8th, " *David"' Stewart, Baltimore City. 1850, January 10th, " t Thomas G. Pratt, Prince George's Co. 1850, Januarv 10th, " Thomas G. Pratt, Prince Geortre's Co. 1857, March 4th, « Anthony Kennedy, Baltimore City. 1863, March 4th, " Reverdy Johnson, Baltimore Co. 1868, July 14th, " | Wm. Pinkney Whvte, Balto. City. 1868, January 17th, " Wm. T. Hamilton, Washington Co. Senators from the Eastern Shore. 1789, March 4th, Hon. John Henry, Talbot Co. 1797, Decemljer 11th, " James Lloyd, Talbot Co. 1800, Decemi)er 12th, " William Hindman, Talbot Co. 1801, November 19th, " Rol)ert Wright, Talbot Co. 180(5, November 25th, " Philip Reed, Kent Co. 1813, May 21st, " Robt. H. Goldsborough, Dorchester Co. 1819, December 21st, " Edward Lloyd, Talbot Co. 1826, January 24th, " Ezekiel F. Chaml)ers, Kent Co. 1835, January 13th, " R. H. Goldsborough, Dorchester Co. 1880, December 31st, " John S. Spence, Dorchester Co. 1841, January 5th, " John Leeds Kerr, Talbot Co. 1843, M irch 4th, " James Alfred Pearce, Kent Co. 1862, March 6th, " Thos. Holliday Hicks, D(v,-chester Co. 1865, March 9th « || John A. J. CreswcU, Cecil Co. 1867, January 25th, " § Thomas Swann, Baltimore City. 18G7, March 12th, " i[ Philip F. Thomas, Talbot Co. 1868, March 6th, « George Vickers, Kent Co. 1872, March 3d, " George R. Dennis, Somerset Co. * Mr. Stewart was appointed by the Oovernor until the meetint? nf tlce next L^^islHture, in place of Hun. Reverdy .lolinson, resigned to become Attorney Generjil of tlie United States. t Gov. Pratt was elected to fill the unexpired term of Mr. Johnson. t Gov. Whyte was appointed to fill the unexpired term of Mr. Johnson, who was appoint- ed .Minister to Great Britain. n Mr. Creswell was elected to fill the une.vpired terra of Gov. Hicks, deceased. § (iov. SwHnn declined to aci>-|it the Senatorsliip, Miirch 1st. 18t)7. T Gov. Thomas was not admitted ou account of alleged disloyalty. 70* STATE TllEASUKER — POLICE COMMISSIONERS. MARYLAND SENATORIAL DISTRICTS. The Act of 1807, cluapter 11, provides "That in the first election of Senator to represent this State in the Senate of the United States which sliall Ije held after the first day of April, in the year 1SG7, the person elected shall be an inhabitant of the Eastern Sliore of this State, and one of the Senators thereafter to be elected, shall always be an in- habitant of the.Eastern Shore, and the other of the Western Shore of this State." ELECTION OP STATE TREASURER. By Article 6, Section 1, of the Constitution, "a Treasurer is to be appointed by the two Houses of the Legislature of each regular ses- sion thereof, on joint ballot," &c., and the Legislature when in session, shall fill any vacancy in said office. The usual mode of electing the State Treasurer by joint ballot is, after an interchange of messages fixing the day and hour of election, ])oth Houses ballot simultaneously in their respective chambers. The ballot box of the House is then sealed up by the Speaker and taken by the House Tellers to the Senate Chamber, where they join the Sen- ate Tellers, with their ballot-box sealed, and both proceed to the Com- mittee room adjoining the Senate Chamber. After counting the bal- lots, the Senate Tellers report the joint result to the Senate, and the House Tellers to the House. The presiding officer in each House then declares the person receiving a majority of all the votes, duly elected Treasurer for two years, and the proceedings are entered upon the journals of the respective Houses. ELECTION OP POLICE COMMISSIONERS OP BALTIMORE CITY. The Act of 1867, chapter 367, (Section 806 of the Local Code,) pro- vides that the General Assembly, "by tlic joint meeting of the two Houses," shall elect three ])ersons who shall be residents of the State five years, and residents of Baltimore city three years preceding the day of election. They shall be known as the "Board of Police Com- missioners for the city of Baltimore," and shall hold ofiice for four years, and receive a salary of $2500. The Commissioners elected at the same session, qualified and entered upon their duties, March 15, 18G7. The next election for Police Commissioners will be by the General Assembly of 1874, it being the session next jn-eceding the expiration of tlie term of otllce of the present Commissioners on the 15th of March, 1875, and at the session occurring every fourth year thereafter. In case of a vacancy in the Board during the recess of the General .Vssembly, it shall l)e filled by the Governor until said vacancy is sup- jjlicd by the election of the General Assembly at its next session. AmendmentH to the Constitution — See Constitution, Article 14, page 84, ])rf)viding l()r Amendments to the Constitution, by the General Ass('nil)ly. [jdS^See the "Declaration of Rights" in the first part of this work. THE GENERAL ASSEMBLIES OF MARYLAND, Fkom 1801 TO 1872, Inclusive. The following is a list of Members of the General Assembly of Mary- laud from 1800, the date of the last publication of this work, to the present time; commencing with the extra session held at Frederick in April and May, 1861. GENERAL ASSEMBLY OF 1861— EXTRA SESSION. [Elected November, 1859.] [The Counties were arranged according to the date of their forma- tion up to 1805. They have since been arranged ali^habetically.] SENATE. — President, Hon. John B. Brooke. St. Mari/s. — Oscar Miles. Keiit. — David C. Blackiston. Anne Arundel. — Thos. Franklin. Calvert. — Thos. J. Grahame. Charles. — John F. Gardiner. Baltimore. — Andrew A. Lynch. Talbot. — H. H. Goldsborough. Somerset. — James 1*'. Uashiell. Dorchester. — C. F. Goldsborough. Cecil. — John J. Heckart. Prince Ge&i'ge^s. — John B. Brooke. Queen Anne''s. — Steph. J. Bradley. Worcester. — Teagle Townsend. Frederick. — Anthony K immell. Harford. — Franklin Whitaker. Caroline. — Tilghman Nuttle. Baltimore City. — Coleman Yellott. Washington. — John G. Stone. Mon tgomery. — Wash. D uvall. Alk'gany. — Thomas J. Mclvaig. Carroll. — John E. Smith. Howard. — John S. AVatkins. Officers — Secretary, William Kilgour; Reading Cleric, John M. Brewer; Sergeant-at-Arms, Thomas A. Mitchell; Committee Clerks, Benj. Fawcett, Francis Burgess, Zaccheus Tippett and S. P. Carmack; Doorkeeper, Samuel H. Benney ; Messenger, John B. Corbin ; Printer to the Senate, Beale II. Richardson. HOUSE OF DELEGATES.— /S/jmyfce;-, Hon. E. G. Kilbourn. St. Mary''s County. — Clarke J. Durant, George H. Morgan. Kent County. — Philip F. Rasin, Alljcrt Medders. Anne ArmuUl County. — ^B. Allein Welsh, Richard C. Mackubin, E. G. Kilbourn. Calvert County. — James T. Briscoe, Benjamin Parran. Charles County. — Barnes Comi^ton, F. li. F. Burgess. Baltimore County. — -John T. Ford, Thos, C. AVorthington, Robert M. Denison, Pleasant Hunter, Leonard J. Quinlan, Thos. \V. Reushaw. Talbot County. — J. Lawrence Jones, Alexander Chaplain. Somerset Caunty. — James N. Dennis, Edward Long, J. H. W. Stan- ford, William T. Lawson. Dorchester County. — Z. W. Linthicum, John R. Keene, Wm. irolland. Cecil County.— Alex. Wilson, J. W. Maxwell, William R. Miller. Prince Ocorge^s County. — E. Pliny Bryan, Richard Wootten, Ethan A. Jones. Queen Anne's County. — William H. Legg, William M. Starkey. Worcester County. — C. W. Jacobs, G. W" Landing, Stephen P. Dennis. 72 GENERAL ASSEMF.LIES. FrcderkTc County. — Andrevs- Kesslcr, Jr., Thomas J. Clasgett, Joiia- tlian Routzahn, John A. Johnson, AVm. E. Sahiion, David W. Naill. Caroline County. — Henry Strau,utgo)rury County. — Benjamin Fawcett, Isaac Young. Allegany County. — Albert C. Greene, William Shaw, Henry Brown, Hopewell Hcbb. Carroll County. — Jones Ecker, S. R Waters, J. N. Starr. Howard County. — James Sykes, John S. Tyson, Jr. GEKERAL ASSEMBLIES. 75 Officers. — Chief Clerk, William R. Cole ; Reading Clei-l, John H. Shaw; Sergeant-at-Arms, A.lfvad'D.'Exhws; Committee C krks, 3 ohn II. Baker, John H. Seatirooks, Tlmnuis Tipton, S. L. Duhamcl and Geo. Stewart ; JJooj-keepcrs, Ilenrj' Tritch and Thomas Cooper ; PoatinaKiei; E. T. Hilton; Folder, John W. Dean; Pages, Thomas J. Corkran, Alfred Miller and Caleb Parker. Constitutional Convention op 1864. In 1804, a Convention of the peoi)le was held, which framed a new constitution, increasing tlie number of Senators from Baltimore City to three, (making 24 Senators,) and the number of Delegates from Bal- timore City, from ten to eighteen, (making tiie whole number of Del- egates, 86.) [See members of the Convention on another page.] GENERAL ASSEMBLY OF 1865 and 1866, Elected, November, 1865, under the new Constitution of 1864. SENAT^^.—Fresident, Hon. C. C. Cox, Lt. Governor. Allegany. — Charles H. Ohr. Anjie Arundel. — Sprigg Harwood. Baltimore City. \st Leg. Dis. — Robert Turner. 2d Leg. Dis. — Jos. C. Whitney. dd Leg. Dis. — Geo. C. Maund. *Ba.ltimore.—Ed\v. P. Philpot. *Cahert. — Richard G. Mackail. '^Caroline. — Curtis Davis. * Carroll. — James L. Billingslea. * Cecil. — Jacob Tome. Charles. — John W. Jenkins. * Dorchester. — Thomas K. Carroll. *i^m7e/-/c^\— diaries E. Trail. "^Harford. — Wm. B. Stephenson. * Howard. — Littleton Maclin. *Kent. — Daniel Jones. Montgomery. — Thos. B. Lansdale. Prince George's. — Daniel Chirkc. Queen Anne's.— James T. Earle. /S'amf Mary's. — Chap. Billingsley. ^Somerset. — Levin L. Waters. Talbot. — James M. McNeal. * Was/ii)7gton. — Elias Davis. Worceder.—J. T. B. McMaster. a star (*) drew the long term of four v/ the short term of two years. The counties marked with years. The other counties drc Officers. — Secretary, C. Harwood; Beading CVe/'/;, S. H. Cochran ; Sergemit-at-arms, O. P. Snyder; Committee Clerks, Wm. H. C!luirles, J. W. Bloomer, Taylor Kirk ; Door Keeper, J. G. Brewer ; Postmaster, J. B. McNeal; Folder, Solomon Cromer; Messewger to Senate, IL S. Wheeler ; Messenger to Lieutenant Oovernor, S. T. Herbert ; Hall Keeper. James Thomas ; Page, John T. Wright. HOUSE OF DELEGATES.— >9;;m;L-er, Hon. J. M. Frazier. Allegany County. — Samuel P. Smith, Henry Brown, S. W. Wardell, Michael Sherry, Mathias G. Dean. Anne Arundel. — Olive Miller, James S. Robinson. Baltimore County. — Geo. Slothower, David King, Wm. H. Hoifman, Nicholas H. Parker, Zephaniah Poteet, D. K. Lusby. 76 GENERAL ASSEMBLIES. Baltimore City. — 1st Leg. District, Caleb Hynes, C. Bartell, J. H. Cook, James F. Lee, t. B. Hamlileton, H. J. C. Tarr. 2d Ug. District, F. T. Darling, J. M. Frazier, Josej^b Harris, Samuel J. Sojjer, Thomas J. Tull, Thomas H. Mules. M Leg. District, J. F. Pilkington, J. P. Cum- mins, M. Showacre, H. G. Hazen, S. C. Garrison, H. C. Jones. Colvert County. — Henrv AVilliams. Caroline County.— A.i-i\\m- J. Willis, F. A. Clift. Cari'oll County. — Wm. S. Wooden, Nicholas D. Norris, John W. Angel, Moses ShaAV, George Everhart. Cecil County. — James McCauley, Jethxo J. McCullough, Geo. B. Pen- nington, Jesse A. Kirk. Charles County. — Frederick Stone. Dorchester County. — John H. Hodson, W. A. Smith. Frederick County. — Upton Buhrman, David Rinehart, David Agnew, Thomas A. Smith, Sam'l Keefer, David J. Markey. Harford County. — Joshua R. Wilson, Isaac Cairns, Thomas C. B.o])- kins, Henry A. Silver. JLoirard County. — Adam C. Warner, Claudius Stewart. I^ent County. — S. Comegys, Lewis Usilton. Montgomery County. — Benjamin Fawcett, G. W. Watkins. Prince George's County. — R. B. B. Chew, Charles B. Calvert. Queen Anne's County. — John Lee, John C. Tolson. St. Mary's County. — Baker A. Jamison. Somerset County. — Lemuel Malone, Thomas F. J. Rider, Joshua R. Handy. Talbot County. — H. B. Leaverton, James Valliant. Washington County. — Frederick K. Zeigler, Henry S. Eavey, Henry S. Miller, Benjamin F. Cronise, E. F. Anderson. Worcester County.— H'ltchie Fooks, Alfi-ed B. Xairne, Thomas A. J. Holloway. Officers. — Chief Clerl', William R. Cole ; Beading Cleric, Joseph P. Cantwell : Journal Cleric, John McGarigle ; Sergeant-at-Arms, John IVIiller ; Assistant Sei-geant-at- Arms, AValter Moxley : Door Keepers, Charles Whittemore, John Fauge ; Pages, James Pritchet, N. H. Pol- lock, John S. Pennell, Caleb Parker ; Postmaster, Jacob Wickard ; Assistant Postmaster, John H. Swail ; La,mp Lighter, Robert S. Smith ; Committee Clerics, Geo. A. Fauquer, Wm. Ewing, John R. Rudy, Eli Smith, John W. Dean, John T. Wampler ; Keeper of Committee Booms, G. B. Parker ; Folders, Collins Tattman. Oliver Gill ; Hall Keeper^ John Sullivan ; Keeper of the Botunda, William Freeman. SPECLVL SESSION OF 1866. * The General Assembly of 1805, was convened by Proclamation of Governor Bradford, on "the 10th day of January, 1S06, and adjourned February 8th. The following changes took place in its meml)crs : In the Senate, Wm. P. Eaton Avas elected in place of (Tcorge C. Maund, resigned. In Anne Arundel County, George Wells, in place of Sprigg Harwood. In Dorcliester County, Wm. Frazier, in place of Thos. K. Carroll. In Howard County, Hart B. Holton, in place of Littleton Maclin, and in Kent County, George Vickers, in i)lace of Daniel Jones. In tlie House of Delegates, F. F. Darling and John Barron, were elected in ]ilace of H. J. C. Tarr and M. Sho'wacre. LEGISLATIVE DEPARTMENT. 77 GENERAL ASSEMBLY OF 1867. SIll^ A.TY,.— President, Hon. C. C. Cox, Lt. Governor. Allegany. — Alfred Si^ates. Anne Arundel. — E. J. Henkle. Baltim&re City, 1st Leg. Dist. — AVm. Kimmell. 2d " " Thos. H. Mules. M " " D. Stirlintj. Baltimore Co.— Edw. P. Philpot. Calvert. — Richard G. Mackull. Caroline. — Curtis Davis. Carroll. — .J. L. Billingslca. Cecil. — Jacob Tome. Charles. — Barnes Compton. Dorchester. — William Frazier. Officers. — Secretary, Augustus Gassaway; Reading Clerl\ A. S. Goodwin; Sergeant-at-Arms, M. Bosley ; Committee Clerks, Thomas S. Townsend, Isaac Amos, Benjamin Faweett, Wm. H. Guy ; Postmaster, George Gale; Assistant Postmaster, T. J. Mules; Pn-.jre, Clement Barry ; i'bZ<:?e/', Richard T. Martin; Messengei; .Joseph E. Lynch; Doorkeeper, L. S. Booth ; Messenger to Lieut. Governor, S. T. Herbert ; Porter, W. McKinley ; Chaplain, Rev. M. Cassidy. Frederick. — Charles E. Trail. Ilarfovd. — AVm. B. Stephenson. Howard. — Hart B. Holton. Kent. — George Vickers. Montgomery. — Isaac Young. Prince Gcorge''s. — Oden Bowie. Queen Anne's. — James T. Earle. Ht. Mary's.— G. F. Maddox. Somerset.— heviix L. Abaters. 2'aViot. — Charles M. Juui]i. li a.vA ington. — Elias Davis. Worcester. — L.J.M.P.Broadwater HOUSE OF DELEGATES.— %'r/lw, Hon. Oliver Miller. Allegany County. — Charles Gil])in, AA^. R. McCullev, Samuel M. Hal- ler, D. C. Bruce, G. AV. McCulloh. Anne Arundel County. — Oliver Miller, Thomas .T. Hall. Baltimore City. — \st Leg. District, Frederick S. Turner, George A. Coleman, AVilliam H. Neilson, John L. Smith, Edward F. Flaherty, John Q. A. Roljson. 2d Ljeg. District, John G. Hooper, Stephen G. Israel, A. Leo Knott, Henry S. Lanklbrd, Francis P. Stevens, Frede- rick A. Kraft, 'dd Leg. District, Marriott Boswell, John D. Thomson, Edwin R. Davis, Jacob AA'altemeyer, Geo. A. Feig, AVm. Tell Bixler. Baltimore County. — James C. Clarke, Daniel AA''. Cameron, AVm. H. Hutchins, Samuel T. Shipley, John T. Ford, Charles H. Nicolai. Calvert County. — Henry AVilliams. Caroline County. — AVilliam G. Horsey, John F. Dawson. Carroll County. — E. T. Benton, Benjamin F. Poole, James V. Cris- well, AVilliam A. AA^'amj^ler, Stephen R. Gore. Cecil County. — Alexander Evans, Geo. P. AA'hitaker, AVm. Lindsey. Charles County. — Peregrine Davis. Dorchester County. — Francis P. Phelps, Sr., Edward Leeds Kerr. Frederick County. — J. R. Rouzer, U]>ton Buhrman, Henry Baker, John L. Linthicum, Thomas Gorsucli, J. A. Steinur. Harford County. — Nicholas H. Nelson, Sam'l M. AVhiteford, Joshua AiVilson, Simeon Spicer. Howard County. — Edward Hammond, George AV". King. Kent County. — H. Beck, AVm. AVelch. Montgomery County. — Enoch B. Hutton, Raymond AV. Burclie. Prince Gewge's County — C. C. Magruder, Jr., Chas. B. Calvert. Queen Anne's County. — Richard B. Carmichael, AVilliard H. Neal. 78 GE^■ERAL ASSEMBLIES. St. Mary's Coimty.—G. W. Morgan. Somerset County. — George R. Dennis, George "W. Parsons, Isaac I). Jones. Talbot County. — Pliilip Francis Thomas, Isaac W. Jump. Washington County. — R. C. Bamford, A. R. Appleman, Jonathan Tobey, Jacob Hoffhine, Josej^h P. Bishop. Worcester County. — H. R. Pitts, Wm. J. Aydelott, Wm. G. Gordy. Officers — GJiuf Cleric, "Wm. R. Cole, of Baltimore City ; Reading Clcrl; Thomas H. Moore, of Baltimore County; Journal Cleric. Quiuton W. Radcliffe, of Baltimore City; Sei-gemit-at-Artns, Samuel F. Butler, of Baltimore County ; Assistant Sergeant-at-Arms, Joseph C. Mitchell, of Baltimore City ; Engrossing Clerk, Milton Y. Kidd, of Cecil County ; Committee Clerics, Daniel Kent, of Calvert County; Wm. H. Fooks, of Worcester County ; John H. AYoodward, of Baltimore City; James W. Jeffers, of Queen Anne's Countj- ; Philip Medders, of Kent County; Elias Ware, of Baltimore CiLy ; Levin Handy, of Somerset County; Doorlceevers, Charles Worthington, of Harford County ; A, S. Cooper, of Baltimore County ; Albert Tolson, of Prince George's County ; Postmaster. James D. Cook, of Howard Cotmty ; Assistant Postmaster, Edward A. ^Marshall, of Dorchester County ; Folder, Esma Lowe, of Caroline County ; Assistant Folders, Daniel E. Diggs, of Baltimore City ; Samuel R. Kirl)y, of Baltimore City ; Lamplighter, James H. Ridgway, of Talbot County ; Keeper of Committee Bwms, Z. Tippett, St. Mary's County ; Pages, John McCabe, Jr., of Anne Arundel County ; John C. Wise, of Allegany County ; W. George Jones, Cecil County ; F. Middleton, of Charles County ; J. V. Baxler, of Baltimore City ; R. H. Bogley, of Montgomery County ; Hall-lceeper, George V/. ]),Iurdoch, of Anne Arundel County ; Printer to both Houses, Wm. Thompson, of R. ; Chaplains, Rev. Father Burke, Revs. J. P. Hammond, H. McNemar, and S. V. Leech. Constitutional Convention of 1867. In 1867, a convention of the people was held, which framed a new Constitution, and provided in Article 13, for the creation of Wicomico County, making the whole number of Senators 25, and the number of Delegates 86. (See members of the Convention on another page.) GENERAL ASSEMBLY OF 1868. Elected under the Constitution of 1867. SENATE. — President, Hon. Barnes Compton. (Those marked with a star (*) drew the long term of four years.) Allegany. — Alfred Spates. '^Atme Arundel. — Eli J. Henkle. Baltimore City. *\st Leg. Dis. — Wm. Kimmell. 2; term of four years. The other ooun- ties, &c., drew the short term of two years. Officers. — Secretary, Augustus Gassaway, Annapolis City; Chap- lains., Revs. Hammond, Hildt, Miller and Burke; Reading CUrk, .John M. Brewer, Allegany County ; Journal Clerk, Hunter Davidson, Anne Arunrlel County ; Sergeant-at-Arms, James T. Blackstone, St. Mary's County ; Co>nmitt-ee Clerls, Philip M. Slicer, Talbot County; Wm. H. Hiss, Baltimore City; Emory G. Mitchell, Baltimore County ; Thos. P. Townsend, AYorcester County ; Postmaster, George Gale, Kent County; Assistant PostmaMer, James J. Coon, AVashington County; Page, Clement Barry, Prince George's County; Messen{jer, J ose\)h. E. I^ynch, Wicomico County; Janitor, Samuel Davis, Annapolis City; Doorkeeper, Henry H. Bennett, Cecil County ; Folders, James Treakle, Howard County, and Walter Raley, St. Mary's County. HOUSE OF DELEGATES.— ,V«/[:^, Hon. Wm. A. Stewart, Allegany County. — George W. McCulloh, Anthony Kean, William Devecmon, Noah Trimble, E. G. Hall. Anne Arundel County. — Thomas W. Hammond, William T. Iglehart, .James Deale, of James. Baltimore City — Ist Jeg. District, James B. Sawner, John B. Wentz, Jr., John A. Robb, Thomas W. Morse, John R. Blake, William A.. Stewart. 2d Leg. District, Ferdinand C. Latrobe, James Pentland, H. Tillard Smith, G. Morris Bond, George Colton, Michael A. MuUin. 'id Leg. District, Edward J. Chaisty, James W. McElroy, Bernard L. Harig, AVm. T. Markland, John H. Marshall, John N. Conway. Baltimore County. — Charles H. Nicolai, C. B. Slinglufl", C.'P. Mon- tague, Zephaniah Poteet, Victor Holmes, J. S. Biddison. Calvert County. — James A. Bond, Jesse .J. Dalrymple. Caroline County. — D. S. Moore, T. H. Hubbard. Carroll County. — Henry S. Davis, John H. Jordan, Benj. Worthing- ton, John W. Harden. Cecil County. — John W. Davis, James Touchstone, Wm. Richards, Levi R. Mearns. Charles County. — John W. Mitchell, Andrew G. Chapman. Dorchester County. — iVlgcrnon S. Percy, Wm. E. Stewart, Alward Johnson. Frederick County. — Ephraim Albaugh, R. P. T. Dutrow, Charles F. Wenner, Noah Bowlus, Thomas G. Maynard, Joseph Byers. Harford County. — Benjamin Silver, Nicholas H. Nelson, R. R. Van- diver, John S. Brown. 6 80 GENERAL ASSEMBLIES. Eoicard Covnty. — John R. Clark, J. Thomas Jones. Kent Comity. — Stephen Boyer. Horatio Beck. Montgomery County. — Samuel Diggs, of R., Nicholas D. Offutt, Thos. Y. Conley. Prince'^ George's County. — Caleb S. Keech, B. F. Guy, Thomas E. Williams. Q^u^en Anne's County. — John W. E. Sudler, Wm. Henry Legg. St. Mary's County. — Jeflerson D. Loker, J. Edwin Coad. Somerset Comity. — Robert H. Corbin, John C. Horsey. Talbot County. — Charles H. Rose, Joseph B. Lowe. Washington County. — A. K. Syester, James Coudy, F. Dorsey Her- bert, Elias E. Rohrer, David Seibert. Wicomico Comity. — Ritchie Fooks, George A. J. Hopkins. Worcester County. — Thomas A. J. HoUoway, B. Everett Smith. Officers. — Chief Ckrl, Milton Y. Kidd, of Cecil county; Heading Clerk, Thomas H. Moore, of Baltimore county; Sergeant-at-Arms, S. R. Gilbert, of Harford county ; Assistant Sergeant-at-Arms, Richard Lilly, of Baltimore city; Postmaster, Philip Medders, of Kent county; Assistant Postmaster, James Anderson, of Somerset county ; Doorkeep- ers, James Stanton, of Baltimore city, and Ambrose Ingman, of Fred- erick county ; Jourtial Clerk, James W. Jeffers, of Queen Anne's coun- ty ; Engrossing Clerk, "Wm. B. Stoddard, of St. Mary's county ; Com- mittee Clerks, Hiram P. Tasker. of Allegany county ; TVm. Canby, of Montgomery county ; Watson Webb, of Dorchester county ; T. Tunis, of Talbot county ; J. J. Duke, of Calvert county; James Hinds, of Baltimore city, and Thomas A. R. Keech, of Prince George's county ; Folders, E. H. Gallagher, of Howard county ; A. Heck, of Washington county, and James Melvin, of Caroline county ; Keeper of Committee Rooms, Thomas Mason, of Worcester county ; Lamplighter, Wm. T. Dennis, of Wicomico county ; Pages, Lewis Green, of Anne Arundel county ; Jesse Brown, of Carroll county : Winlield Scott, of Charles county, and Wm. E. Collins, of Baltimore city ; Hall-keeper, George W. Murdoch, of Anne Arundel county ; Chaplains, Revs. J. J. Hen- derson, S. V. Leech, J. P. Hammond, C. C. Cronin, and Michael Burke. GENERAL ASSEMBLY OF 1870. SENATE. — President, Host. Barnes Compton. Frederick. — Joshua Bisrgs. Allegany. — Alfred Spates. Anne Arundel. — Eli J. Henkle. Baltimore City. 1st Leg. Dis. — Wm. Kimmcll. 2d " " Henrv Snvder. 2d " " Isaac M. Denson Ilarford. — Wm. B. Stephenson. Hoirard. — John Lee Carroll. A'en^— William Welch. Montgomery. — W. O. Sellman. Pi-ince George's. — Geo. W.Wilson. Baltim&re County. — Jas. C. Clarke. Queen Anne's. — James T. Earle. Calvert. — John C. Parker. Caroline. — Daniel Fields. Carroll. — Natlian Browne. Cecil—John M. Miller. Charles. — Barnes Compton. St. Mary's.— G. Fred. Maddox. Somerset. — Christopr. H. Hvland. Talbot.— Charles M. Jump." Washington. — James H. Grove. Wicoyn ico. — Lemuel Malone. Dorchester. — Daniel M. Henry. . Worcester. — Wm. E. Timmons. 6ENEKAL ASSEMBLIES. 81 Offickrs. — Secretary. AuGTUstus Gassaway ; Reading CJerl\ W. H. Hiss; Journal Clerk, It. V. Page; ,Ser;/ean(-at-Arm.\ James 'J\ Blak- istonc ; Fostrnaste?; 8. J. Costig&n; Doorkee}>er, .]o\n\ Williams; Amnt- ant Doorkeeper, L. \V. Sclljy; Committee Clerka, Clinton Lyles, Thomas Townsend, Alexander Robinson, and G. Carmaek ; Meaxenger, Philip Meadows; Folders; Samuel Greenwald and A. N. Boteler ; Page, J-dS. F. Valdenar ; Janitor, Samuel Davis. HOUSE OF DBLUQATES.— Speaker, Hon. F, C. Latrobe. St. Mary's County. — J. D. Loker, Thomas Martin. Ke7it County. — Horatio Beck, William B. Wilmer. Anne. Arundel County. — E. G. Kilbourn, R. W. Baldwin, George Wells, Jr. Calrert County. — Henry Owings of S., James J. Duke. Charles County. — John W. Mitchell, Andrew G. Cliapman. Baltimore County. — John Carroll, Daniel W. Cameron. Columbus J. Shi))ley, Thomas B. Gatch, Edward S. W. Choate, Lewis Turner, Jr. Talbot County. — Ormoud Hammond, E. L. F. Hardcastle. Somerset County. — Robert F. Brattan, Benjamin Lankford. Dorchester County. — Benjamin H. Harrington, Samuel \V. Woolford, George J. Meekins. Cecil County. — James Touclistone, John Owens, William Richards, George Biddle. Prince 6eoi'ge"s County. — Fendall Marbury, Richard Wooton, Chas. S. Duvall. Queen Anne's Coimty.-— Joel Thomas, John B. Brown. Wo7'cester County. ^iiamuel K. Dennis, John R. Purnell. Frederick County. — John B. Thomas, Noah Bowlus, John G. Mc- Creery, J. Alfred Ritter, Wm. White, Henry R. Harris. Harford County.— \\\n. M. Ady, Wm. Baldwin, J. M. Street, J. T. C. Hopkins. Caroline County. — Alexander Hardcastle, Robert J. W. Garey. Baltimore City. — 1st Leg. District, ,] nines B. Sanner, Thomas H. Ham- ilton, John H. Cooper, Tlios. W. Morse, John R. Blake, James Webb. 2d Leg. Dvitrict, Greenbury Wilson, John F. Wiley, Ferdinand C. Latrobe, James L. McLane, George C'olton, George A. Kirk. 'Sd Leg. District, Wm. E. Collins, John h\ Elilen, Isaiah Gardner, Wm. T. Markland, John H. Marshall, F. S. Hoblit/.ell. y/ashingtoti County. — Alexander Neill, John Welty, John Murdock, J. JMonroe Sword, David Seibert. Montgomery County. — George W. O. Hilton, John W. Veitch, Green- bury M. Watkins. Allegany County. — Anthony Kean, James Wilson, John M. Stan- dish, Jacob Myers, Geoi-ge Percy. Carroll County.— George A. Shower, John H. Jordan, Airhart Win- ters, William Crouse. Jloirard County. — William M. Merrick, Arthur P. Gorman. Wicomico County. — Andrew J. Crawibrd, William G. Gordy. Officers. — C?iief Clerk, Milton Y. Kidd : Beading Clerk, Thomas H. IMoore ; Journal Clerk, Grni'ton Duvall; Sergeant-at-Aruis, Charles G. Worthiugton ; Assistant Sergeant-at-Arms, John Hagan ; Postuiaster, 83- GENERAL ASSEMBLIES. John D. McEvoy ; Assistant Postmaster, Garrett M. Hart ; DoorTce^pers, James Stanton, Samuel J. Robinson ; Engrossin(^ Ckrl; Wm. B. God- dard ; Committee ClerAs, John Spencer, John T. Dawkins, Frank B. Cooksey, Reuben Bogley, T. Biiker Edelin, Samuel S. Sudler, John Spry Leonard, and Jonathan J. Fooks ; Folders, John W. Corby, Wm. T. Bullen, Esma Lowe ; Keeper of Committee Rooms, Edward A. Mar- shall ; Lamp Lighter, Thomas Young ; Pages, Cliarles F. Nugent, Yv'. Henry Dawalt, John A. Brown, and Joseph H. Cameron ; Hall-lceepcr, George W. Murdock ; Police, Rotunda, Me Williams ; ChapRains to both Jlouses, Revs. Henderson, Edwards, Duffy, Southgate and Swope ; Printer to both Jlouses, Wm. Thompson, of R. ; Messenger to Printer, W m. P. Quiuby. GENERAL ASSEMBLY OF 1873. S'E'NA.T:^.— President, Hon. Henby Snyder. Allegany. — Alfred Spates. I Frederick. — Lewis H. Steiner. Anm Arundd: — Wii.iam H. Tuck. Harford.. — Wm. B. Stephenson, Baltimore City 1st Leg. Dis. — John R. Blake. 2d Leg. Lis. — Henry Sn viler. Sd L^g. Dis. — Isaac M. JJenson. Baltimore Co. — T. Sturgia Davis. Calvert. — Henry Williams. Caroline. — Daniel Fields. Ca;ToK.— John K. LongweU. Cecil. — John M. Miller. Charles. — Barnes Compton. Dorchester. — Daniel M. Henry. Officers. — Secretary, Augustus Gassaway; Journal Cleric, S. E. Smithe; Reading Clerk, W. H. Hiss; Serjeant-at-Arms, Jas. T. Black- istone; Committee Clerks, Wm. G. Purnell, T. S. Stone, and E. A. Smith; Dooi-keepei; George Harris; Assistant Doorkeeper, J. H. W*!- lace; Messenger, David Fitzgerald ; Ptryes, W. H. Pennington and T. S. Young; Folders, AV. L. Arringdale and R. E. Bevans; Janitor, Samuel Davis ; Messenger to Printing Committee, Charles Hammond ; Chaplains, Rev. Father Freitag, Rev. I. J. Henderson, Rev. Sir. South- gate, Rev. Mr. BulL Howard. — John Lee Carroll. Kent. — George W. Spencer. Montgomery. — W. O. Sell man. Prince Oeorge''s. — Geo. W.Wilson. Queen Anne's. — James T. Earle. St. Mary's. — James S. Downs. Somerset. — George R. Dennis. Talbot. — Charles M. Juiuj^/. Washington. — Z. S. Claggett. Wicomico. — Andrew J. Crawford. ^\'orcester. — William E. Tirarnons. HOUSE OF DELEGATES.— -Speaker, Hon. Arthur P. Gorman. St. Mary's County. — R. Johnson Colton, John A. Dunbar. Kent County. — William B. Wilmer, dames \V. IlurU. Anne Arundd County. — George Wells, Jr., Joseph I. Duvall, Eli J. Henkle. Calvert County. — John T. Bond, Lewis G. Sparrow. Cfuirlss County. — Andrew G. Chapman, Fretierick Stone. Baltimore 6'ou/i/y.— Samuel T. Shipley, Sylvester Foard, Geo. Lit- zingcr, Jarvis Spencer, Jr., Andrew Banks, Lewis Turner, Jr. Talbot County. — Rubert R. Butler, William Goldsborougii. Somerset C'oa»iC^.— William U. Roach, Robert J. Waller, James W. Dougherty. GENEJlAIi ASSKMftMES. 83 Dorchester County. — Wasliington A. Sniuli, William T. Vickers, John A. L. Kadcliffe. Cecil County. — James B. Groome, Levi R. Mearns, Andrew J. Pen- ington. Frince George's County. — Henry T. Scott, Frederick Sasscer, R. W. W. Bowie; Queen Anne's County. — Roderick W. Eareckson, Budd S. Ford. Worcester County. — Littleton P. Franklin, Julm L. ParKor. Fredcrklc County. — Lycurgus N. Phillips, Cliarles W. Kovve, Tlieo- dore C. Delaplane, Charles W. Miller, Jonathan Routzahn. Harford County. — David Riley, Wni. Baldwin, J. M. Strectt. Caroline County. — Alexander llardcastle, Win. IL Deweese. Baltimore City — \st Leg. District, Thomas McCosker, Thomns II. Hamilton, John H. Cooi^er, Cliarlcs R. Hamilton, Louis A. Janiart, J. Nelson Foster. 2d Ijcg. District, John Staylor, Jr., Wm. E. Stewart, John M. Travers, James I;. Clark, Geo. Cotton, Geo. A. Kirk, 'ijd Leg. District, E. J. Chaisty, B. L. Ilarig, George A. Feig, James McColgan, Wm. T. Markland, Elias Griswold. Wasliington County. — Augustus i'oung, Charles Ardinger, David H. Newcomer, Moses Whitson. Montgomery County. — Geo. W. Hilton, Samuel Riggs of R., O. H. P. Clark. Allegany County. — G. E. Porter, Jolm Coles, Charles Young, Jasper Robinette. Carroll County. — Jas. H. Steele, liCwis A. J. Lamotte, Trusten Polk, Harrison H. Lamotte. Iloioard County. — Edwin Linthicum, Artluir P. Gorman. Wicomico County. — Joshua Johnson, William J. Langrell. Officers. — Chief Clerk, Milton Y. Kidd. of Cecil county ; Rending Clerk, Thomas H. Moore, of Baltimore county ; Sergeant-at-Arms, Jas. A. Bramble, of Dorchester county ; Journal Clerk, B. H. Hanson, Jr., Harford county ; Engrosing Clerk, John T-. Dawkins, Calvert county ; Doorkeepers, Conrad Prinz, of Baltimore city, James H. Petticord, of Kent county ; Postmaster to Senate and House, Wm. M. Canby, of Mont- gomery county ; Committee Clerks, Samuel W. Storm, of Baltimore county, Samuel Glanville, of Baltimore city, John R. Wilson, of Som- erset county, E. G. Gardner, of Montgomery county, D. J. Holloway, of Wicomico county, P. S. Geiger, of AVashington county, AVm. H. Deetz, of Baltimore city ; Hall-keeper and Janitor, Geo. W. Murdoch, of Anne Arundel county ; Folders, Esma Lowe, of Caroline county; Robert H. Clements, of Queen Anne's county, J. V. Lowe, of Talbot county; Pages, George M. Murray, of Anne Arundel county, Sitmuel H. Patterson, of Carroll county, Henry F. Palmer, of Baltimore city; Chaplain, Rev. B. S. Highley, of Aime Arundel county. AMENDMENTS TO THE CONSTITUTION. CoNSTiTCTiox, Article XIV. The Constitution, Article 14, authorizes the General Assembly to provide for Amendments to the Constitution, as follows : Amendments to the Constitution. — The Constitution, Article 14. authorizes the General Assembly to provide for amendments to the Constitution as follows : Proposed Amendments to he passed hy Three-Fifths of each Rouse. — The General Assembly may propose Amendments to this Constitution, provided, that each Amendment shall be embraced in a separate bill, embodying the Article or Section, as the same will stand when amended, and passed by three-fifths of all the members elected to each of the two Houses, by yeas and nays, to be entered on the Journal with the proposed amendment. The bill or bills proposing amend- ment or amendments, shall be published by order of the Governor, in at least two newspapers in each county, where so many may be published, and where not more than one may be jiublished, then in that newsijaper, and in three newspapers published in the City of Baltimore, one of which shall be in the German language, once a week, for at least three months preceding the next ensuing general election at which the said proposed amendment or amendments shall be submitted in a form jtrescribed by the General Assembly, to the qualified voters of the State, for adoption or rejection. Majority of the Popular Vote Required. — The votes cast for and against said proposed amendments, severally, shall be returned to the Governor in the manner prescribed in other cases, and if it shall appear to the Governor that a majority of the votes cast at said elec- tion on said amendment, or amendments, severally, were cast in favor thereof; the Governor shall, by his Proclamation, declare the said amendment, or amendments, having received said majority of votes, to have been adopted by the People of Maryland as a part of the Constitution thereof, and therefore said amendment, or amendments, shall be part of the said Constitution. When two or more amend- ments shall be submitted, in manner aforesaid, to the voters of this State at said election, they shall be so submitted that each amend- ment shall be voted on separately. Question of a Convention to be Voted on every Twenty Years. — It shall be the duty of the General Assembly to provide by law, for taking, at the general election to be held in the year eighteen hundred and eighty-seven, and every twenty years thereafter, the sense of the people in regard to calling a Convention for altering this Constitu- tion ; and if a majority of voters at such election or elections, shall vote for a Convention, the General Assembly at its next session, shall provide by law for the assembling of such Convei*tion, and for the election of delegates thereto. Each County, and Legislative District of the City of Baltimore, shall have in such Convention a number of Delegates ec^ual to its representation in both Houses at the time at whicn the Convention is called. All C/utn'jes to be submitted to Voters. — But any Constitution, or change, or amendment of the existing Constitution, which may be adupit'd by such Convention, shall be submitted to the voters of this iStaie, and siiali have no etlect unless the same shall have been adopted by a majority of voters voting thereon. THE JUDICIARY DEPARTMENT. The Dechiratioii of Rights coniains the following provisions, relat- ing to the Judiciary Department : The Svpreme Law of tJie State, Ar>TicT,F. TT. The Constitution of the United States, and the Laws made, or whicli shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall l)e, the Supreme Law of the State ; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding. Departments to "be Separate. Atit. VIIL That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said departments, shall assume or discharge the duties of any other. Independence of the Judges. Art. XXXTII. The independency and uprightness of Judges are es- sential to the impartial administration of Justice, and a great security to the rights and liberties of the People: Wherefore, the Judges shall not lie removed, except in the manner, and for the causes, provided in this Constitution. No Judge shall hold any other office, civil or military, or political trust, or employment of any kind, whatsoever, under the Constitution or Laws of this State, or of the United States, or any of them ; or receive fees, or perquisites of any kind, for the dis- charge of his otRcial duties. THE JUDICIARY DEPARTMENT. CONSTITUTION— ARTICLE IV. The General Provisions of the Constitution in relation to the Judi- ciary Department of this State, are set forth in Article 4th, Part 1st, as follows : Akticle IV, Part I. — Gkneu.vl Provisions. 2'he Jtidicial Power of the State — IIgio Vested. Section 1. The Judicial power of this State shall be vested in a Court of A])])cals, Circuit Courts, Orphans' Courts, such Courts for the City of Baltimore as are hereinaficr provided for, and Justices of the Peace ; all said Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all i^rocess issuing therefrom. Tlie process and official character of Justices of the Peace shall be authenticated as hath heretofore been practiced in this State, or may hereafter be prescribed by Law. 88 JUDICIArvY DEPAIITMENT. Qualifications of Judges. Sec. S. The Judges of all of the said Cnurts shall be citizens of the State of Maryland, and qualified voters under this Constitution, and shall have resided therein not less than live years, and not less than six months next preceding their election, or appointment, in the Judi- cial Circuit, as tlie case may be, faltiniore, the time of election shall be the fourth "VVcthiesday in October following. JUDICIAKT DEPARTMENT. ' 87 Judges to he Conservators of the Peace — iVo Fees to Jud/jcs. Sec. 6. All Judfres shall, by virtue of their offices, be Conservators of the Peace throughout the State ; and no fees, or perquisites, commis- sions, or reward of any kind, shall be allowed to any Judge in this State, besides his annual salary, for the discharge of any Judicial duty. Judges Disqualified. Sec. 7. No Judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him, by affinity or consanguinity, witliin such degrees as now are, or may hereafter be prescribed by Law, or where he shall have been of counsel in the case. Trial Without Jury — Removal of Cases. Sec. 8. The parties to any cause may submit the same to the Court for determination, without the aid of a jury; and the Judge, or Judges of any Court of this State, except the Court of Appeals, shall order and direct the Record of i^roceedings in any suit, or action, issue, or petition, presentment, or indictment, pending in such Court, to be transmitted to some other Court, (and of a ditlerent Circuit, if the party aiiplying shall so elect,) having jurisdiction in such cases, whenever any party to such cause, or the counsel of any party, shall make a suggestion, in writing, supported by the affidavit of such party, or his counsel, or other proper evidence, that the party cannot have a fair or impartial trial in the Court, in which such suit, or ac- tion, issue, or petition, presentment, or indictment is pending, or when the .Judges of said Court shall be disqualified, under the provisions of this Constitution, to sit in any such suit, action, issue or petition, pre- sentment, or indictment; and the General Assembly shall make such modifications of existing Law as may be necessary to regulate and give force to this i^rovision. Officers of Courts — Compensation — Judges to Investigate Expenses. Sec. 9. The .Judge, or Judges of any Court, may api^oint such offi- cers for their respective Courts as may be found necessary; and such officers of the Courts in the City of Baltimore shall be appointed by the Judges of the Supreme Bench of Baltimore City. It shall be the duty of the General Assembly to prescribe, by Law, a fixed compensa- tion for all such officers ; and said Judge, or Judges, shall, from time to time, investigate the expenses, costs and charges of their respective Courts, with a view to a change or reduction thereof, and report the result of such investigation to the General Assembly for its action. Clerls to Keep Records — Fees — Power of Judges — Rules for Clerls. Sec. 10. The Clerks of the several Courts, created, or continued by this Constitution, shall have charge and custody of the records and other papers, shall ])erform all the duties, and be allowed the fees, which appertain to their several olTioes, as the same now are, or may hereafter be, regulated by Law. And the office and business of said Clerks, in all their departments, sliall be subject to the visitorial power of the Judges of their respective Courts, who shall exercise the same, fi"om time to time, so as to insure the faithful jDcrformance of S3 JUDICIARY DEPARTMENT. the duties of said offices ; and it shall be tlie duty of the Judges of said Courts respectively, to make, from time to time, such rules and resulations as may be necesssry and ])roper for the government of said Clerks, and for the performance of the duties of tlieir offices, whicli shall have the force of Law until repealed or modified by the General Assembly. Election Returns. Sec. 11. The election for Judges, hereinbefore provided, and all elections for Clerks, Registers of Wills, and other officers, provided in this Constitution, except State's Attorneys, shall be certified, and the returns made, by the Clerks of the Circuit Courts of the Counties, and the Clerk of the Superior Court of Baltimore City, respectively, to the Governor, who shall issue commissions to the ditl'erent persons fir the offices to which they shall have lieen, respectively, elected ; and in al! such elections, the person having the greatest number of votes, shall be declared to be elected. Case of Tie — Contested Elections — Neio Election. Sec. 12. If in any case of election for Judges, Clerks of the Courts of La>v, and llegisters of Wills, the ojiposing candidate shall have an equal number of votes, it shall be the duty of the Governor to order a new election ; and in case of any contested election, the Governor shall send the returns to the House of Delegates, which shall judge of the election and qualification of the candidates at such election ; and if the judgment shall be against the one who has been returned elected, or the one who has been commissioned by the Governor, the House of Delegates shall order a new election within thirty days. Style of Commissions. — Grants and Writs. Sec. 13. All Pul)lic Commissions and Grants shall run thus: "The State of Maryland," &c., and shall be signed by the Governor, with the Seal of the State annexed ; all writs and process shall run in the same style, and be tested, sealed and signed, as heretofore, or as may hereafter be, provided by Law; and all indictments shall conclude, "against the peace, government and dignity of the State." The Additional Provisions relating to Courts, under Article XV of the Constitution, are as follows: The Courts to Continue until Superseded. The several Courts existing in this State at the time of the adop- tion of this Constitution, shall, until sujierscded under its provisions, continue with like powers and jurisdiction, and in the exercise thereof, both at Law and in Equity, in all resjiects, as if this Constitu- tion had not been adopted ; and when said Courts shall be so super- seded, all causes, then depending in said Courts, shall pass into the jurisdiction of the several Courts, by which they may be respectively, superseded. — Art. lo. Sec. 2. Jury Judges of Law and Fact. In the trial of all criminal cases, the Jury shall be the Judges of Law as well as of Fact. — Ibid., Sec. 5. JUDICIAIiY DEPARTMENT. 89 B'Kjht of 2'rial hj Jury. Tlie right of trial by Jury of all issues of fact in civil prrx^eeclings in tlic several Courts o Law in this State, where the amount in con- troversy exceeds the sum of five dollars, shall be inviolably i^reserved. Ibid., Sec. 6. Terms of Office to Commence from Election. Tlie Term of office of all Juflges and other offiivrs, for whose e.ec- tion provision is made by this Constitution, shall, except in cases otherwise expressly provided herein, cominence from the time of their Election ; and all sucli officers sluiU ([ualify as soon after their election as practic;il>le, and shall enter upon the duties of their respective offices immediately upon their qualification. — Ibid., Sec. 9. Compensation of Judges. The Constitution, Article 4, section 24, provides that the salary of each Chief Judge, and of the Judge of the Court of Appeals, from Bal- timore City, shall be |;?,500, and of each Associate Judge of the Cir- cuit Court, shall be $2,800, ])er annum, i)ayable quarterly, and shall not be diminished during his continuance in office. THE COURT OF APPEALS. Constitution, Article IV, Part 2d. The provisions of the Constitution relating to the Court of Appeals are contained in Part 2d of Article 4th, Sections 14th to 18th inclu- sive, as follows : TTie Court of Appeals — How Constituted — Its Jurisdiction and Sessions. Sec. 14. The Court of Appeals shall be composed of the Chief Judges of the first seven of the several Judicial Circuits of the State, and a Judge from the City of Baltimore specially elected thereto, one of whom shall be designated by the Governor, by and witli the advice and consent of the Senate, as the Chief Judge: and in all cases until action by the Senate can be had, the Judge so designated by the Governor, shall act as Chief Judge. The Judge of the Court of Appeals from the City of Baltimore sliall be elected i)y the qualilied voters of said City, at the election of Judges to be held therein, as hereinbefore provided; and in addition to his duties, as Judge of the Court ol Appeals, shall perform such other duties as the General As- sembly shall prescribe. The jurisdiction of said Court of Appeals shall be co-extensive wdth the limits of the State, and such as now is, or may hereafter be, prescribed by Law. It shall hold its sessions in the city of Annapolis, on the first Monday in A])ri!. and the first Monday in October, of each and every year, or at such other times as the General Assembly may, by Law, direct. Its sessions shall con- tinue not less than ten montlis in the year, if the business l)efore it shall so require; and it shall be competent for the Judges, tempora- rily, to transfer their sittings elsewhere, upon sufficient cause. 90 JUDICIARY DEPARTMENT. The Judge heloio not to Sit — Opinions to he Filed. Sec. 15. Four of said Judges shall constitute a quorum; no cause shall be decided without the concurrence of at least three ; but the Judge who heard the cause below, shall not participate in the de- cision; in every case an opinion, in writing, shall be filed within three months after the argument, or submission of the cause ; and the judement of the Court shall be final and conclusive; and all cases shall stand for hearing at the first term after the transmission of the Record. Publisliing Reports of Cases. Sec. 16. Provision shall be made by Law for publishing Reports of all cases, argued and determined in the Court of Appeals, which the Judges shall designate as proper for publication. Cleric Elected — Removal — Vacancy. Sec. 17. There shall be a Olerk of the Court of Appeals, who shall be elected by the legal and qualified voters of the State, who shall hold his office for six years, and until his successor is dulj' qualified ; he shall be subject to removal by the said Court for incompetency, neglect of duty, misdemeanor in office, or such other cause, or causes, as may be prescribed by Law ; and in case of a vacancy in the office of said Clerk, the Court of Aivieals shall appoint a Clerk of said Court, who shall hold his office until the election and qualification of his successor, who shall be elected at the next general election for members of the General Assembly ; and the person, so elected, shall hold his office for the term of six years from the time of election. Rules for Appeals — Th", Record — Practice — Costs — Fees — Rules in Equity. Sec. 18. It shall be the duty of the Juds:es of the Court of Appeals, as soon after their election, under this Constitution, as practicable, to make and publish rules and regulations for the prosecution of appeals to said a])pellate court, whereby they shall prescribe the periods within which appeals may be taken, what part or jjarts of the proceedings in the Court below shall constitute the record on appeal, and the manner in which such appeal shall be brought to hearing or determination, and shall regulate, generally, the pnictice of said Court of Appeals, so as to prevent delays," and promote brevityin all records and proceedings brought into said Court, and to abolish and avoid all unnecessary costs and exi)enses in the prose- cution of appeals tlierein; and the said Judges shall make such reductions in the fees and expenses of said Court, as they may deem advisalile. It shall also be the duty of said Judges of the Court of Appeals, as soon after their election as practicable, to devise, and promulgate by rules, or orders, forms and modes of framing and filing bills, answers, and other proceedings and pleadings in Equity ; and also forms and modes of taking and obtaining evidence, to ho. used in Equity cases: and to revise and regulate, generally, the practice in the Courts of Equity of this State, so as to prevent delavs, and to pro- mote brevity and conciseness in all pleadings and proceedings therein, and to al)olish all unneee^^sary costs and expenses attcnding'^the same! And all rules and rcgulalions hereby directed to be made, shall, when made, have the force of Law, until rescinded, changed, or modified by the said Judges, or the General Assembly. JUDICIAllY DEl'AUTMENT. 91 Tlie Laws to le Recorded. Tlic Constitution, Article 0, Section 30, provides, That every Law sliall be recorded in the otllce of the Court of Api)eals, and in due time, be ])rintfd, pu1>Iished and certified, under the Great Seal, to the several Courts, in the same manner as has been heretofore usual in this State. The State Reporter. By Constitution, Article 4, Section 16, provision shall be made by law, for puhlishini^ Reports of all causes argued and determined in the Court of Appeals, which the Judges shall designate as proper for publication. GENERAL LAWS RELATING TO COURT OP APPEALS. Reporter to le Appointed. The 80th Article of the Public General Laws, as amended by the Act of 1807, chap. 410, provides for the appointment of a State Re- porter, and i^rescribes his duties as follows : How Apjwinted — Term of Office. Sec. 1. The State Reporter shall be appointed by the Judges of the Court of Appeals, and shall hold his office for the term of four years, unless sooner removed by said .Judges, and shall be styled the State Reporter, and shall be re-eligible from time to time. Salary. Sec. 2. He shall receive an annual salary of one thousand dollars. His Duties. Sec. 3. He shall report and publish all cases argued and determined in the Court of Ajipeals of this State, from and after the passage of this Act, designated by said Court to be reported, within six months from the time when the same shall have l)een determined ; the reports in all cases shall be limited to a statement of the material tacts, the principal points and authorities relied on by the respective counsel, the opinion of the Court, and an abstract or head-note of the points decided ; and each volume of said Reports shall also contain a list of the cases therein rejDorted, a list of the cases decided during the period embraced in the volume, designated by the Court as not to be re- ported, and a copious index. Printing and PuUislnng Reports. Sec. 4. Each volume of the Reports shall contain at least six hun- dred pages, and shall be printed on good paper, to be selected and purchased by the reporter, at the cost of the State, with clear type, and in size, form, quality of materials, and quantity of matter per page, shall correspond as nearly as possible with the eighteenth vol- ume of Maryland Rej^orts, and siuill be sold at a price of live dollars a volume, in tine law binding, or four dollars and a half, when not l>ound ; and shall be printed, published and bound at the expense of the Reporter, who shall be entitled to the cojivright of the volume. 92 JUDICIARY DEPARTMENT. State Subscription. Sec. 5. The State shall take two hundred copies of each volume of said Reports, at the price of six dollars per volume, delivered at the St4ite Li))rarv, being at the rate of two dollars per jiage, of a sintde volume of six hundred images, and at the same rate when the volume may exceed six hundred pages. Article 29th of the Public General Laws, sections 24 to 43, inclu- sive, relating to the Judges of the Court of Appeals, are as follows : When Judges are Disqualified. Sec. 24. Any Judge of the Court of Appeals Avho shall be connected with any party to a cause, by consanguinity or by affinity, within the fourth degree, counting down from the common ancestor to the more remote, shall be disqualified from sitting in such cause. Legal Residence. Sec. 25. No Judge of the Court of Appeals shall be deemed to have abandoned his residence in the Judicial District for which he shall have been elected, l)y reason of his residence in Annapolis during the term for which he may have been elected, unless he shall signify his intention so to abandon his residence in his said district by voting in the city of AnnaiJolis. Adjournment of Court. Sec. 26. Any one of the Judges of the Court of Appeals, in the ab- sence of the others, may adjourn the Court until the attendance of the other Judges can be had; and in the absence of all the Judges, the Clerk may adjourn the Court fi-om day to day until a Judge is jjresent. Return of Process. Sec. 27. Any one of the Judges may take the return of i^rocess, and may order the issuing of the same, and may enter continuances by con- sent of the parties. Continuance of Actions. Sec. 28. No action in the Court of Appeals shall continue longer than the end of the fourth term after the same shall have been insti- tuted, unless by consent of the j^arties. Writs of Diminution. Sec. 20. T'pon a writ of diminution issued by the Cora-t of Appeals to any inferior Court, such Court shall certify and return only such parts of the record or proceedings as shall have been omitted in the transcript or transcripts before transmitted to the Court of Appeals. How Prepared. Sec. 30. Every ap]ilication for a writ of diminution, shall contain a s])ccification in writing of the parts of the records or proceedings requisite to be sup|)lied, which shall also be incorporated in the writ of diminution for the guidance of the inferior Court. Not to Delay a ITearin//. Sec. ?)1. The issuing of a writ of diminution shall not delay the hearing in the Court of Ap]jeals of any cause, if the return thereto be made licfore the said cause shall be called for hearing, unless for good cause slniwn. JUDICIARY DEPARTMENT. Vo Writs of Fieri Farias and Attaclnnent. Sec. 32. A writ of licri facias or attacliment may be issued upon any judgment of the Court of Appeals, directed to the Sheriff of the County in which the original judgment appealed from was rendered, and returnable to the Circuit Court f )r such County ; and tliere shall be sent with said writ a short copy of the judgment, and the said writ shall be proceeded on and renewed as if it had been issued Irom the Circuit Court, to which it is returnable. — 18G3, eh. 122. Ilmo Writs are Directed and Meturnable. Sec. 33. Either of the writs mentioned in the last preceding sec- tion may be directed to the Shcritfof the City of Baltimore: and if so directed, it shall be made returnable to the Court from which the ap- peal was taken, and the sanie proceedings shall be had ass provided in the said i)receding sections. Scire Facias Against Heirs, dr. Sec. 34. In case a scire facias shall be issued out of the Court of Ap])eals against heirs or terre tenants, and one or more of the heirs or terre tenants shall reside in different counties, the scire ficias shall be directed to the Sheriff of tlie projioi- county, and returned by him to the Circuit Court thereof and du])licates of said scire facias shall be issued and directed to the Sheriff of each county wherein an heir or terre tenant resides — which duplicates shall be returnable to the Cir- cuit Court of the county to which the original scire facias is returna- ble — and the Court to wliich the same are returnable, shall proceed therein in the same manner as if said writs had issued from such Court. Proceedings Under Scire Facias^ peal Not to Stay Certain Proceeding. Sec. 43. An appeal from the Ori)hans' Court shall not stay aay pro- ceedings therein which may with propriety be carried on before the appeal is decided ; Provided, the said Orphans' Court can provide for the conforming to the decision of the Court of Appeals, whether the the said decision may eventually be for or against the aj^pellant. Appeal Ijy Mutual Agreement. Sec. 44. If upon an appeal being entered in the Orphans' Court, the l^arties shall niLtially agree, and enter their assent in v.-riting, to be filed by the Register of Wills, that the appeal shall be made to the Circuit Court lor the county, or Superior Court for Baltimore, the Orphans' Court shall direct the transcript of the proceedings to be transmitted to the Circuit Court, or Superior Court for Baltimore, whose decision shall be final. Taxing the Costs. Sec. 45. It shall be the duty of the clerk or register transmitting a record to the Court of Appeals, to mfrk upon the record the amount of the costs taxed against the plaintiff and defendant respectively, to the time of the aj)peal. Exceptions to BuUngs of Courts in Criminal Cases mm] he Taken to Court of Appeals. Sec. 46. In all trials upon any indictment or presentment in any court of this State having criminal jurisdiction, it shall be lawful for any party accused, or for the State's Attorney, in behalf of the State of Maryland, to except to any ruluig or determination of the court, and to tender to the court a bill of exceptions, which shall be signed and sealed by the court, as is now practiced within this State in civil cases ; and the party tendermg such bill of exceptions, may appeal from such ruling or determination to the Court of Aj^peals ; Provided, that the counsel for the accused shall make oath that such appeal is not taken for delay ; and such apjieal shall be heard by the Court of Appeals at the earliest convenient day after the same shall have been transmitted to the said court ; and after such apjjeal shall be entered, no judgment shall be rendered against the accused, in case he shall be found guilty, until the Court of Appeals sJiall have determined upon the exceptions, and remand the case to the court below. — 1873, eh. 316. JUDICIAKY UErAJlT-MENT. 105 Appeals from Courts in Banc. The Act of 1868, ch. 441, provides as follows: Regulating Decisions of Points and Questions Reserved for Courts in Banc — Appeals. Section 1. When at the trial of any cause, any party to such cause shall rctiuire any point or question decided by tlie court to be reserved for the consideration of tlie court in ianc, and either of the Judges of tlie said court shall be distiualified to sit in such cause, then it shall be lawful for the party at whose instance the point or question shall be reserved, to elect to have such point or question decided by the remaining Judges or Judge who may be qualified to sit in such cause, or to have the cause removed to some other court of a dift'creut circuit for the decision of the Judges thereof, or of such of said Judges who may be qualified to sit in such cause in banc, or to take an ap- peal to the Court of Appeals ; and if such party or his counsel shall fail to make and file such election in writing, within thirty days after the announcement of such di^squalification, or within thirty days after the trial of the cause incase such announcement shall have been made before the trial, then such point or question shall be decided by the remaining Judges or Judge who may be qualified to sit in such cause; Provided, that every ]:ioint or question reserved upon a motion for a new trial shall be decided by the remaining Judges or Judge who may be qualified to sit in such cause. — 18G8, ch. 441. How Points, c&c, shall he Reserved Sec. 2. Points or questions reserved for the court in lane shall be taken by means of exceptions, to be reduced to writing, and signed and sealed by the Judges or Judge before whom the cause may be tried, and so framed that the point or question may be fully presented as to both law and flict in case the cause shall be transmitted to the Court of Appeals, instead of being heard by the court in lane. — Hid. When Causes are Removed. Sec. 3. "Whenever any cause shall be removed to any other court, upon a point or question reserved for the court in lane, as herein pro- vided, the said cause shall remain in the said court for trial as if the same had originated therein. — Hid. Appeals in Cases of Grading or Paving Streets in Baltimore City. The Act of 1870, ch. 322, authorizes appeals to be taken from Courts of Baltimore City to the Court of Appeals, in cases relating to chang- ing grades of streets, or paving the same. The Act of 18(i2, ch. 167, adds an additional section (13) to Article II, P. G. L., entitled, "Abatement," relating to the power of the Court of Appeals, on death of parties after ap'peal taken, Ijefore judg- ment, and no suggestion of death ])y executors, &c., provides that the court may order execution to issue in said causes, &c. — See Article II, P. G. L., Sections 9, 10 and 11. THE CIRCUIT COURTS. Constitution. — Article IV. — Part III. The Provisions of the Constitution relating to the Circuit Courts are contained in Part 3d of Article 4th, sections 19 to 26, inclusive. Eight Judicial Circuits. Sec. 19. The State shall be divided into eight Judicial Circuits, in manner following, viz. the Counties of Worcester, Somerset and Dor- chester, shall constitute the First Circuit ; the Counties of Caroline, Talbot, Queen Anne's, Kent and Cecil, the Second ; the Counties of Baltimore and Harford, the Third ; the Counties of Allegany and Washington, the Fourth ; the Counties of Carroll, Howard and Anne Arundel, the Fifth ; the Counties of Montgomery and Frederick, the Sixth; the Counties of Prince George's, Charles, Calvert and St. Mary's, the Seventh ; and Baltimore City, the Eighth. A Court in each County — Jurisdiction. Sec. 20. A Court shall be held in each County of the State, to be styled the Circuit Court for the County in which it may be held. The said Circuit Courts shall have and exercise, in the respective Counties, all the power, authority and jurisdiction, original and appellate, which the present Circuit Courts of this State now have and exercise, or which may hereafter be prescribed by Law. Chief Judge and Two Associates — Residence — Case of Tie — Two Terms a Tear — Interfnediate Terms — Special Terms. •■ Sec. 21. For each of the said Circuits (excepting the Eighth) there shall be a Chief Judge, and two Associate Judges, to be styled Judges of the Circuit Court, to be elected or appointed, as herein provided. And no two of said Associate Judges shall, at the time of their elec- tion, or appointment, or during the term for which they may have been elected, or appointed, reside in the same County. If two or more persons shall be candidates for Associate Judge, in the same County, that one only in said County shall be declared elected who has the highest number of votes in the Circuit. In case any two candidates for Associate Judge, residing in the same County, shall have an equal number of votes, greater than any other candidate for Associate Judge, in the Circuit, it shall be the duty of the Governor to order a new election for one Associate Judge; but tlie person residing in any other County of the Circuit and who has the next highest number of votes shall be declared elected. The said Judges shall hold not less than two terms of the Circuit Court in each of the Counties comjjos- ing their respective Circuits, at such times as are now, or may here- after be, prescribed, to which Jurors shall be summoned ; and in those Counties where only two sucli Terms are held, two other and interme- diate Terms, to which Jurors shall not be summoned ; they may alter JUDICIARY DEPARTMENT. 107 or fix the timos for holding any or all Terms until othen\'ise pre- scribed, and shall adopt Rules to the end that all business not requir- ing the interposition of a Jury shall be, as far as practicable, disposed of at said internierliate Terms. One Judge, in each of the aljove Cir- cuits, shall constitute a quorum for the transaction of any business; and the said Judges, or any of them, may hold Special Terms of their Courts, whenever, in their discretion, the business of the several Coun- ties renders such Terms necessary. Points Reserved to he heard in Banc — Ri^lit of Appeal Not Precluded — Not to Apply to Appeals from Justices of the PecKe and Certain Criminal Cases. Sec. 22. Where any Tenn is held, or trial conducted, by less than the whole number of said Circuit Judges, nyon the decision or deter- mination of any point or question, by the Court, it shall be competent to the party against whom the ruling or decision is made, upon motion, to have the point or question reserved for the consideration of the three Judges of the Circuit, who shall constitute a Court in banc for such jjurpose ; and the motion for such reservation shall be entered of record during the sitting at which such decision may be made ; and the several Circuit Courts shall regulate, by rules, the mode and manner of presenting such points or questions to the Court in banc, and the decision of the said Court in banc shall be the effective decision in the premises, and conclusive, as against the party at whose motion said j^oints or questions were reserved ; but such de- cision in banc shall not preclude the right of appeal or writ of error to the adverse party, in those cases, civil or criminal, in which appeal, or writ of error to the Court of Appeals may be allowed by Law. The right of having questions reserved shall not, however, apply to trials of Appeals from judgments of Justices of the Peace, nor to criminal cases below the grade of felony, except when the punishment is con- finement in the Penitentiarj' ; and this Section shall be subject to such provisions as may hereafter be made by Law. Decisions in Two Months. Sec. 23. The Judges of the respective Circuit Courts of this State, and of the Courts of Baltimore City, shall render their decisions, in all cases argued before them or submitted for their judgment, within two months after the same shall have been so argued or submitted. Salaries Not to be Diminished. Sec. 24. The salary of each Chief Judge, and of the Judge of the Court of Appeals from the City of Baltimore, shall be three thousand live hundred dollars, and of each Associate Judge of the Circuit Court, shall be two thousand eight hundred dollars per annum, payable quar- terly, and shall not be diminished during his continuance in office. Clerks to be Elected — Removal — Vacancy. Sec. 25. There shall be a Clerk of the Circuit Court for each County, who shall be elected by a plurality of the qualilied voters of said County, and shall hold his office for six years from the time of his election and imtil his successor is elected and qualified, and be re- 108 JUDICIARY DEPARTMENT. eligible, subject to be removed for willful neglect of duty, or other mis- demer.uor in office, on conviction in a Court of Law. In case of a vacancy in the office of Clerk of a Circuit Court, the Judges of said Court eliall have power to till such vacancy until the general election for Delegates to the General Assembly, to be held next thereafter, when a successor shall be elected for the term of six years. Deputy ClerTcs. Sec. 26. The said Clerks shall appoint, subject to the confirmation of the Judges of their respective Courts, as many deputies under them, as the said Judges shall deem necessary, to perform, together with themselves, the duties of the said office, who shall be removable by the said Judges for incompetency, or neglect of duty, and whose com- pensation shall be according to existing, or future, provisions of the General Assembly. THE COURTS AXD JUDGES. CoKSTiTUTio:;, Article XV. The following general provisions of Article 15th of the Constitu- tion, relate to the Courts and Judges: Continuance of the Courts until Superseded. Sec. 2. The several courts existing in this State, at the time of the adoption of this Constitution, shall, until superseded under its pro- visions, continue with like pov>'ers and jurisdiction, and in the exer- cise tliereof, both at law and in equity, in all respects, as if this Con- stituaon had not been adopted ; and when said courts shall be so su- perseded, all causes, then depending in said courts, shall pass into the jurisdiction of the several courts, by which they may [5e] resjpectiYcly superseded. The Jury the Judges of the Law and Fact. Sec. 5. In the trial of all crimiual cases the jury shall be the Judges of law as well as of fact. Right of Trial by Jury. Sf.c. 6. The right of trial by jury of all issues of fact in civil pro- ceedings in the several courts of law in this State, where the amount in controversy exceeds the sum (jf five.rf;lollars, shall be inviolably pre- aerved. Tcnn of Office of Judges. Sec. 9. The tenn of office of all Judges and other officers for whose election provision is made by this Constitution, shall, except in cases otherwise expressly provided hrrein, commence from the time of their electicm ; and all such officere shall qualify as soon after their election as ])racticable, and shall enter upon the duties of their respective offi- ces inuiiediately upon their qualiiication ; and the term of otiice of the State I.ilnarian aud of the Conunissioner of the Laud Office shall com- mence from the time of their ai)pointmeut. JUDICIARY DEPAnTMKNT. 109 THE GENERAL LAWS RELATING TO COURTS. The provisions of the Public General Laws, Article 29, relating to Courts, are as follows : Bvles and Orders. Section 1. The judges of the several courts of law and of equity, may make such rules and orders, from time to time, for the well-gov- erning and regulating their respective courts, and the otllcers and suitors thereof, and under such fines and forfeitures as they shall think tit, not exceeding twenty dollars for any one offence — all of which fines shall go to the State. How Stilts 7nay he Dismissed. Sec. 2. The judges of the several courts of this State exercising civil jurisdiction, shall prescribe by rule of court tlie manner in which suits may be dismissed by the jjarties or their attorneys during the recess. Privileges. Sec. 3. No persen shall sue or be sued in privilege. Power to Punish for Contempts. Sec. 4. The power of the several courts of this State to issue attach- ments, and inflict summary punishments for contempts of court, sliall not be construed to extend to any cases excejat the misbehavior of any person or persons in the presence of the said courts, or so near thereto as to obstruct the administration of justice; or the misbehavior of any of the officers of the said courts in their official transactions ; or the disoliedience or resistance by any officer of the said courts, party, juror, witness, or any other person or ])ersons to any lawful writ, pro- cess, order, rule, decree or command of the said courts. The Clerh May Adjotirn the Court from Day to Day. Sec. 5. In case of the absence of the judge of any court, (except the Court of Appeals,) the clerk may adjourn the court from day to day ; or he may by written order from the judge, adjourn the court to the next term thereof, or to such other day before the next term as by said order he may be directed. Judgment ly Confession Entered during Recess. Sec. 6. Any judge in the recess of his court, may order his clerk to enter a judgment by confession with the assent of the parties or their attorneys, in writing, which shall be tfled with the order of the judge, and a judgment so entered shall, from the date of its entry by the clerk, have the same eftect as if entered during the session of the court. Appointment of Assistant Counsel. Sec. 7. The Circuit Courts for the several counties and the Criminal Court of Baltimore, may ajjpoint assistant counsel for the State' to aid in the trial of criminal or other State cases in said courts, whenever in the judgment of the court in which any such case is pending, the public interest requires it. 110 JUDICIARY DEPARTMENT. Payment of Assistant Counsel. Sec. 8. The county commissioners of the several counties, and 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 counsel ; Provided, the simi levied and paid in any single case, shall not exceed one hundred dollars. Appointment of Auditors. Sec. 9. In all actions brought in any court founded on account, or in which it may be necessary to examine and determine on accounts between the parties, the court may order the accounts and dealings between the parties to be audited and stated, by an auditor or audi- tors, to be ajipointed by such court, and there shall be the same pro- ceedings thereon as in cases of actions of account. Appointment of Surveyor. Sec. 10. In any case pending in any court where it is necessary to lay out and locate any lands where, upon the api^lication of either party to such suit, the court shall be of opinion that the county sur- veyor is in any manner interested or prejudiced against either of the parties, or if either of the parties shall make oath that he believes the county surveyor is interested or prejudiced, the court may appoint some competent person to lay out, locate or survey said lands. Oath Reqtdred. Sec. 11. The person so apiDointed, before he proceeds to act, shall take an oath before some justice of the jDcace that he will faithfully, without favor, afl'ection or prejudice, perform the service for which he was api^ointed by the court; which oath shall be certified by the jus- tice, and shall accompany such return as the surveyor shall make to the court in the case. Feea of Special Surveyor. Sec 12. The person so appointed shall receive such feea aa ai»e allowed by law to the county surveyor for like services. Inspection of Records. Sec. 13. It shall be the duty of the judges of the several courts of law and equity, at every term, to inspect the records and papers of the offices attached to their respective courts, relating to lands, tenements, or other real estate, and examine the condition thereof, and see whether the clerk of such court has iDerformed the duties required of him by law, relating to the recording of judgments, decrees, executions and proceedings, and whether he has entered and transcribed the docket entries as required by law. And if it should apjiear on such examina- tion, that any of the records have become so dilapidated and worn as to retiuire them to be transcribed, he shall order and direct the clerk to traiiscrilje the same into new record books, which the clerk shall procnire for that purpose ; and such new records, when so transcribed, sliall l)e eurefully examined and certified by said clerk, and when so e.xamined and certified, shall be substituted for. and become the re- cords of said court in lieu of the worn out records ; and the Mayor, and City Council of the city of Baltimore, and the county commission- ers of the several counties respectively, shall Levy such sum of money as they shall deem a fair compensation for the labor of the clerk in making such new records. — IbGG, ch. 26. CIRCUIT COURTS. Ill Judgments. Sec. 14. The court shall give judgment in all actions according to the very right of the cause and matter in law shall appear to them, ■without regarding any matters of mere form, so as sufficient matter shall appear in the proceedings, upon which the court sliall proceed to give judgment, and that it shall ap])ear that the action has been commenced after the cause thereof shall accrue. JudgmenU to Carry Interest. Skc. 15. All judgments by confession on verdict, or by default, shall be so entered as to carry interest from the time they were ren- dered. Interlocutory Judgments When and How Extended. Sec 15.* All judgments confessed on terms to be filed, and all judg- ments confessed without fixing the amount of the same, and where no cause of action is filed by which said amount may be ascertained, shall be considered interlocutory judgments, and the court shall on :r.otion of the plaintiff or his attorney, at any term subsequent to the entry of any such confession of judgment, order an inquisition or cause the judgment to be extended, as in other cases of interlocutory judgments, or as upon a judgment by default.— 1864, ch. 311. When Execution May Issue. £ec. 16. On all judgments an execution may issue at any time within three years after the date of such judgment, or if there be a st^y thereon, at any time within three years after the expiration or removal of such stay, where there has been no change of jjarties to such juy Judges. Art. 4, Sec. 26. The said clerks shall appoint, subject to the con- firmation of the judges of their respective coui-ts, as many deputies under them, as the said judges shall deem necessary, to perform, together with themselves, the duties of the said office, who shall be removable by the said judges for incompetency, or neglect of duty, and whose compensation shall be according to existing, or future pro- visions of the General Assembly. Clerhi' Duties and Fees — Visitorial Power of Judges — Rules for the Clerics. Art. 4, Sec. 10. The clerks of the several courts, created, or con- tinued hj this Constitution, shall have cliarge and custody of the re- cords and other jjapers, shall perform all the duties, and be allowed the fees, which appertain to their several offices, as the same now are, or may hereafter be, regulated by law. And the office and business of said clerks, in all their dcparments, shall be sul)iect to the visitorial power of tlie judges of their respective courts, wlio shall exercise the same, from time to time, so as to insure the faithful performance of the duties of said offices ; and it shall be the duty of the judges of said courts respectively, to make, from time to time, such rules and regu- lations as may be necessary and proper for the government of said clerks, and for the performance of the duties of their offices, which shall have the force of law, until repealed, or modified by the General Assembly. DUTIES OF CLERKS OF CIRCUIT COURTS UNDER THE GENERAL LAWS. The following are the provisions under the Corlc of Public General Laws, Article iS, relating to the duties of the clerks of the Circuit Courts: CIRCUIT COURTS. 119 Custody of all Books and Papers, tfic Section 1. Every clerk shall have the custody of the books and papers pertaining to his office, and shall carefully keep and preserve the same; he shall file all papers delivered to him to be filed, and shall record all judgments, decrees, deeds and ■writings, which by law are required to be recorded in the office of which he is clerk ; he shall issue all writs and process, which by law may be issued from the court of which he is clerk ; he shall give a copy of any jiaper or record in his office to any person aj)])lying for the same, upon being paid tlie usual fees for transcribing such paper or record, and shall annex thereto his certificate, under the seal of his court if required; he shall make proper entries of all the proceedings in the court of which he is clerk, and all entries and records shall be made in a fair, legible hand, in well bound books j^rocurcd by him for that purpose ; and shall perform all the duties required of him, or which may hereafter be required of him, by law. Slmll Attend Office Every Day diet Sunday in Person, or hj Deputy. Sec. 3. Every clei-k shall attend .at his office for the transaction of the business thereof, every day, except Sundays, either in person or by de2)uty, unless preve-nted by sickness, accident or necessity. No Cleric shall Deliver any Blank Writ. Sec. 3. No clerk of any court of this State shall deliver to any at- torney, sheriff or other person, any blank writ whatsoever ; and any clerk so offending shall be subject to a penalty of one hundred dolkirs. Shall Dispose of all Books, &c., sent him. Sec. 4. Every clerk shall recive all books, documents, ptiblic letters and packages sent to him pursuant to law, and shall carefully dispose of them as the law requires. Executions and Attachments. Sec. 5. The clerk of any of the courts of this State may issue an execution on judgment or decree directed to the sherifi" of another county, whetlier a return oi nulla lona to a writ of execution issued to the sheriff" of the coimty or city, wherein the said judgment or decree was rendered, has been made or not, which writ of execution issuejl and directed to the sherifi' of another county, shall 1)6 made returnable to the Circuit Court of the county to which it may be sent, and if sent to the city of Baltimore, returnal)le to the Superior Court of said city; and there shall be scut therewith by the clerk issuing the same, to the clerk of tlie court to which said writ shall be returnable, a co})y of the docket entries in the case upon wdiich the court may jaroceed on said execution by renewal or otherwise, in the same manner as if said execution had issued on a judgment or decree rendered in said court, and attachments on judgments or decrees, sliall he regarded as execu- tions in the meaning of this section ; Prodded, nevertheless, that no exe- cution or attachment on judgment shall bo issued and directed to another county earlier than the same could be issued and directed to the sherifi' of the county or city wlierein the same may have Itcen ren- dered, and if there has been no return oi nidla bona until the plaintiff or plaintifl's, or his or their attorney of record shall make and tile with 120 JUDICIARY DEPARTMENT. the clerk issuing the same, an affidavit that he or they are unable to discover in the county or city where the judgment or decree has been obtained, jDroperty from which the same can be realized : and, pro- vided further, thut no judgment or decree shall be a lien upon real estate situated in another county from that wherein the said judgment or decree was obtained, or in the city of Baltimore, except from the date of the entry of the cojjy of the docket entries by the clerk of the court to which the said writ shall be returnable. — 1865, ch. 5. To Make Returns to Comptroller. Sec. 6. Every clerk shall, on or before the first Monday of March? June, September and December in each year, transmit to the Comptroller a list of all executions issued by the court of which he is clerk, lor tines, penalties or forfeitures, and also a list of the fines, penalties and for- feitures imposed by his court, and a list and account, under oath, of all l^ublic money received by him, which lists shall contain the names of the parties, the amount of the fines, penalties and forfeitures, and to whom payable, with the costs thereon, and shall emlarace all cases not included in former lists returned by him, and shall show Irom whom and on what account public money has been received. Payment of Public MoTwy to Treasurer. Sec. 7. Each clerk shall, on the first Mondays of March, June, Sep- tember and December, pay to the Treasurer all public money which he may have received, and on his failure to do so within thirty days thereafter, his bond may be put in suit, for the use of the State, in which suit recovery shall be had for the amount appearing to be due the State, with interest at the rate of ten per cent, •pav annum, from the date or dates when the same became payable as aforesaid ; and a failure on the part of any clerk to make such payment shall amount to a forfeiture of the commissions to which he wottld otherwise be entitled, and any recovery on the bond of a clerk for the non-payment of i:)ublic money received by him, shall be evidence of a misdemeanor in otfice, lor which, upon conviction, he may be removed. — 1808, ch. 197. Clerks' Commissions. Sec. 8. Each clerk shall be entitled to such commissions on all money paid by him into the treasury, as is allowed by the law regu- lating their fees. ■'o Compensation not over $2,500 per Tear. Sec. 9. Every clerk, except the clerk of the Court of Appeals, the emoluments of whose office shall exceed the sum of two thousand five iuuidre'd d(jllars in any one year, after deducting therefrom the neces- sary expenses incident to his oliice lor the same period, shall pay the excess to the Treasurer, and the clerk of the Court of Appeals shall l)ay the excess over the sum of three thousand dollars, alter making tlie deductions aioresaid, and every such clerk, the emoluments of whose ofiice shall not amount to the sum of two thousand five hundred ♦ lobars in any one year as aioresaid, may jjresent a statement to the County Conunissioners of his county, or to the Mayor and City Coun- cil of Baltimore, as the case may be, under oath, showing the net pro- ceeds of his (illicc, togetlier witli a statement of the cost oJthe necessary record books, stationery and fuel used in his office up to the firtit Mon- CIKCUIT COURTS. 121 day in June in each year, and the said County Commissioners, or the Miiyor and City Council of Baltimore, are hereby authorized and em- powered to pay or levy for the use of said clerk the amount of said books, stationery and fuel as aforesaid; Provided, that the amount so paid or levied, shall not, when added to the said net proceeds of his ofhce, exceed the sum of two thousand five hundred dollars. — 18C5, ch. 157. To Make Semi-Annual Statements of Fees, &c. Sec. 10. Every clerk, including the clerk of the Court of Appeals, shall twice in every year, on the first Monday in June and December, return a full and accurate account of all his fees, emoluments and re- ceipts, whether on his own account as such clerk, or for the State, city or county, including fines and forfeitures, and also of all expenses in- cident to his office, and such accounts shall be rendered under oath, and in such forms and supported by such proofs as shall be prescribed by the Comptroller ; and every clerk, including said clerk of the Court of Ap])eals, shall render with his account of the expenses incident to his office, a list of the clerks employed by him, stating the rate of compensation allowed to each, and the duties which they severally perform, and, also, the sums paid for stationery, official and contingent expenses, fuel and other things, and stating the purposes for which said expenses are ajjplied ; and in the account of fees, there shall be a separate statement of all those fees charged during the six montlA5 in- cluded in said account, which, at the date of said account, remain uncollected.— 1862, ch. 255. Ouilty of Perjury. Sec. 11. Any clerk who shall be guilty of false swearing in taking the oath required by the preceding section, with the intention to de- ceive and defraud the treasury, shall be guilty of perjury. Cleric's Official Bond. Sec. 12. The official bond of such clerk shall be answerable for the emoluments of his office over and above the sum of two thousand five hundred dollars, herein jirovided, and he shall also upon failure or neglect to pay or account for the excess over and above said sum, be subjected to a fine not exceeding one thousand dollars. Assistant Clerks and their Compensation. Sec. 13. The Comptroller shall, from time to time, limit and fix the number and compensation of the assistant clerks and deputies to be employed by any such clerk, and no account for compensation for services of any assistant clerk, deputy, or other person employed in performing any of the duties pertaining to the office of any such clerk, shall be allowed until such assistant clerk, or any other person em- ployed, shall have certified, under oath, that the same services have been performed, that he has received the full sum therein charged to his own use and benefit, and that he has not paid, deposited or as- signed, nor contracted to pay, de])osit or assign, any part of such com- pensation to the use of any person, or in any way, directly or indi- rectly paid, or given, nor contracted to pay or give, any reward or com^jensation for his office or employment, or the emoluments thereof 132 JUDICIARY DEPARTMENT. May Enter Judgments and Decrees Satisfied. Sec. 14. The clerk of any court may enter any judgment or decree satisfied upon the order in writing of the plaintifi" or his attorney, and shall lile sucli order among the papers in the cause. May Enter Judgments Satisfied upon Dockets of Justices, &c. Sec 15. The clerk of any court having the custody of dockets of justices of the peace, may enter satisfied any judgment standing open upon such dockets, ujion the production, by the party a23plying for such entry, of the receipt of the plaintiff in the judgment attested by a justice of the j^eace. Shall Keep Books for Docket Entries. Sec. 16. The clerk of every court of law or equity, except the Court of Appeals, shall provide one or more well bound book?, and imme- diately after each term of his court, enter and transcribe tlierein, the docket entries of each civil i^uit and action, legal and equitable, which shall have been ended during the said term by trial, judgment, decree, agreement, non pros or abatement ; and such transcrijjt shall contain the style or names of the jsarties, the nature of the case, the docket entries, and if superseded, the name or names of the sujjerseders, and other memoranda as they appear upon the docket, and the judgment, decree, order or agreement, by which the several actions or suits were terminated ; and the bills of costs recoverable by the party in whose favor they shall have been awarded, shall be likewise transcribed and entered, and the said books shall be truly and regularly imaged and alphabetically indexed, with the names of plaintiffs and defendants, and the whole completed before the ensuing term of the coui-t. Doclcet Entries of Executions, &c. Sec. 17. The said clerk shall also transcribe and enter the docket entries of every execution which shall be entered satisfied or otherwise finally settled, and also the docket entries of every execution or other final process under which any personal property shall have been seized or taken, together with a copy of tlie schedule or schedules accompa- nying such execution, and the sheriff's return thereon, regularly imaged ajid indexed as directed in the preceding section, and for the services required of this and the preceding section, the clerk shall be entitled to twenty-five cents for each suit or action, to be taxed in the bill of costs against the plaintiff, or in the additional costs of said execution, and endorsed thereon. Penalty, $200. Sec 18. If any clerk shall neglect or refuse to comply with the pro- visions of the two preceding sections, he shall forfeit the sum of two hundred tloUars, for the use of the State. Judgments or Decrees Recorded. Sec. 19. No clerk shall record any judgment, or decree except those relating to the title of lands, or those under which lands have Ijcen sold in virtue of an execution thereon. Sliall give Certified Copies of Papers, &c. Sec 20. If any person api)lies for a copy of the record of a judg- ment or decree, in any case where the judgment or decree is not re- CrRCUIT COURTS. 123 quired by law to be recorded, the clerk shall make and certify a copy of thp same from the pa})ers, minutes and docket entries of such case, which shall bo as available as a regular transcript of a recorded judg- ment or decree. Shall Enter Appeals to Court of Appeals. Sec. 21. The clerk of any court shall, upon application during the vacation of siiid court, enter an appeal from the judgment, order or decree of said court to the Court of Appeals. May Approve Appeal Bonds, &c. Src. 22. The clerks may approve any appeal bond, writ of error bond, bond for removal of proceedings by writ of certiorari, injunc- tion bond, trustee's bond or receiver's bond, to be filed in their respec- tive courts. May Take Supersedeas. Sec. 23. The clerks of the Circuit Courts in the several counties, of the Superior Court of Baltimore city, and the Court of Common Pleas, shall have the power and jurisdiction .to take supersedeas of judg- ments and decrees in their respective courts, as a justice of the peace has by law, and the supersedeas as taken shall have the same eflect as if taken by a justice of the peace ; and every security in a supersedeas of a judgment rendered in the resj^ective courts, and superseded before the clerks of said courts, shall sign the same, or if they cannot write make their marks, to be attested by the clerk ; and the several clerks shall be entitled to a fee of twenty-five cents for each supersedeas. If Satisfied of tlie Party'^s Responsibility. Sec. 24. It shall be the duty of the clerks of the respective courts and of the justices of tbe peace, in taking the supersedeas of any judgment, to accept no party as a superseder, unless satisfied that said party is worth in real or personal estate, over and above his actual debts, the full amount of the judgment proposed to be superseded. Justices not to taJce Supersedeas. Sec. 25. It shall not be lawful for the justices of the peace of the city of Baltimore to take supersedeas of any judgment recovered after the seventh day of February, eighteen hundred and sixty, in the Court of Common Pleas, or the Superior Court of Baltimore city, but such supersedeas shall be taken by the clerks of said courts respectively. Concurrent Jurisdiction. Sec. 26. The clerks of the several Circuit Courts for the counties and the city of Baltimore, the clerk of the Superior Court of Baltimore city, and the clerk of the Court of Common Pleas, shall each have con- current power with the judge of his court to pass all orders nisi for the ratification of auditor's reports and accounts, but not final orders. May Pass Orders Nisi. Sec 27. The clerks of the Circuit Courts for the counties and the city of Baltimore, and the clerk of the Superior Court of the city of Baltimore, may each pass all orders nisi for the ratification of sales made and reported under decrees or orders of the court of which he is clerk, but not final orders. 124 JUDICIARY DEPAllTMENT. May Issrie Commissions to Take. Testimony. Sec. 28. Every clerk may issue commissions to take testimony to the standing commissioners appointed hj his court for that purpose, and if the parties agree thereto in writing, may issue a commission to any person or i:)ersons named in such agreement. Guardian Assigned Infant Defendant. Sec 29. When an infant defendant is returned "summoned," the clerk may issue a commission to some discreet person to assign a guar- dian for and take the answer of such inlimt. May Issue Orders of Publication. Sec. 30. They may pass and issue orders of publication to notify non-resident defendants. No Fees until Bond is Given. Sec. 31. No clerk shall receive any fees or compensation for services rendered as clerk, until he has given bond, executed and approved as herein provided. Accounts in Legible Hand. Sec 32. Every clerk shall make out accounts of his fees in a fair, legible hand, and in words at length. Costs of Suit. Sec 33. He shall deliver to either plaintiff or defendant, (if re- quired,) full copies, in a fair, legible hand, of all the costs of suit re- covered by or against the party requiring the same ; and on failure to do so, such clerk shall forfeit and pay thirty dollars. To Endorse on Bonds to Whose Use. Sec 34. In all suits brought on bonds given to the State, the clerk shall, before he issues the writ, endorse thereon the name of the party at whose instance and for whose use such suit is instituted. Sheriff''s Oath. Sec 35. The clerks of all the courts to which jurors are summoned, shall administer to the sheriff the oath required to be taken by him on his returning a panel of jurors. Laws and Puhlic Documents. Sec 36. No clerk shall deliver the laws and public documents sent to him by the Librarian, to any other person than to him who is en- titled to receive the same, or to his order, in writing, under the pen- alty of fifteen dollars. Dockets of Justices of the Peace. Sec. 37. The clerks of the Circuit Courts for the several counties, and the clerk of the Court of Common Pleas of the city of Baltimore, shall receive and file witliout fee or reward the dockets and pai)ers of justices of the peace delivered to them, and shall give transcrijits thereof for the usual fees, and shall re-deliver the same to the justice upon his re-appointment. CIRCUIT COURTS. 125 Register, &c., of Notary Pnhlic to he Filed. Sec. 38. In case of the death, resiiniation, disqualification or re- moval from office of a notary public, his register and other public papers shall, within sixty days thereafter, Vje lodged in the office of the clerk of the Circuit Court for the county, or Superior Court of Baltimore city, who may bring and maintain actions of trover and detinue for the same ; and such registers or public papers shall not in any case be liable to be seized or taken in execution for debt, or for any demand whatsoever. [Sections 39 to 42, of this article, relate to the clerk of the Court of Appeals. — See ante.] Clerl-s to Bond in $14,000. Sec. 42. The clerks of the several Circuit Courts for the counties shall each give bond to the State of Maryland, in the penalty of fourteen thousand dollars, with good, able and sufficient securities, being persons of visible and landed estates within this State, to be approved by the judge of the Circuit Court of which he is clerk. Bond Renewed every Second Year. Sec. 43. The said bond shall be recorded in the ofBce of the court of which he is clerk, and shall be renewed every second year during the first four days of the fall term of said court, and wherf' the Circuit Court for any county is held in December, such court shall be deemed a fall term in the meaning of this section. To Execute Bond under Penalty of $1,000. Sec 44. On default of any clerk to execute the bond required by the two precfding sections within the time therein prescribed, such defaulter shall be suViject to a" penalty of on"^ thousand dollars, to be recovered by indictment in tho name of the State, in the Circuit Court for the county in which such officer shall reside. To Traiismit Copy of Bond to Comptroller. Sec 45. It shall be the duty of each clerk to transmit to the Comp- troller, on the first day of January next after the execution of said bond, a certified copy thereof Duties in the Absence of Judge. Sec 46. He shall, in the absence of the judge of the court on occa- sion of sickness at any regular or adjourne*! term of the ("ourt, call over the civil appearance docket, take the returns of the sherifl', and enter the appearance of the defendants when required, either in person or by attorney. May Enter Ju-dgments by Consent. Sec 47. He may, at any regular or adjourned term of the court, in the absence of the judge aforesaid, by consent of parties in person or by attorney, enter up judgments on the trial, appeal, reference and appearance dockets, in the same manner as if the judge was present ; and the same shall be as effectual as if the judge was in court. 126 JUDICIARY DEPARTMENT. To Deliver Civil Commissions. Sec. 48. All civil commissions issued by the Governor and sent by the Secretary of State to the clerks of the respective Circuit Courts, ard the clerk of the Superior Court of Baltimore city, shall be by tliem respectively delivered immodiately to the persons to whom such cofcmissions are directed, and who may apply for the same. To Report to Secretai-y of State once a Month. Sec. 49. The said clerks shall report to the Secretary of State at least once a month, the names and offices of all officers who have taken and subscribed the oaths required by the Constitution and laws to be taken before them. To Give Certifcates of Qvalirficatian. Sec. 50. Eaf^h clerk r f the Circuit Court for the counties, and the Superior Court of Baltimore city, shall, when required to do so by any person, give a certificate under the seal of his office of the quali- tication of any public officer who has taken and subscribed the oaths of office before him, or whose oath of office is recorded in his office. Slmll Record all Instruments of Writing. Sec 51. The said clerks shall record all deeds, mortgages, bills of sale and other instruments required to he recorded, in a well bound book, vdiich book shall contain an alphabetical index in the names of all the parties to such deed, mortgage, bill of sale or other instrument of writing ; Provided, that they shall not be required to record or receive for recording any deed, mortgage, bill of sale or other instrument of writing, unless the fees for reoording the same as regulated by law shall first be paid by the person offering the same for record. — 1865, chap. 157. Shall Malce AljjJiaietical Indexes. Sec 52. They shall make a full and complete general alphabetical index (unless the same shall have already been done) in a ]>ook or books well bound for that purpose, of all deeds, mortgages, bills oi sale, manumission, and other conveyances of record in their respec- tive offices; which index shall be both in the names of each and all the grantors, bargainors, donors or mortgagors, and each and all the grantees, bargainees, donees or mortgagees ; and shall refer to the book and page of the record of the several conveyances designat- ing the same. Shall Continue Alphabetical Indexes. Sec 53. They shall continue and keep up the alphabetical indexes required by the preceding section, by noting at the time of record- ing any deed, mortgage, bill of sale, or other conveyance, the names of parties, and the character of the conveyance in such alphabetical index, in the manner prescribed in the preceding section. Shall Certify Time of Record. Sec. 54. Every clerk, after he records any deed, shall, before he delivers tlie original, carefully and with accuracy enter the substance of such deed — that is to say, the date of the deed, the Christian names and surnames of the parties, with their additions, (if any;) the CinCUIT COUKTS. 127 name of the land r>r estate, (if any,) in such deed mentioned *o be conveyed; the courses, inetes nnd bounds theienf, if expressed in the deed ; and tlie number of acres, (if therein stated :) and such other description of the land conveyed as may be contained in su'h deed, and the place where the same may lie; the ccmsideration for n.ukins the deed, and the estate conveyed by such deed, in the very expres- sions thereof; and also state and certify immediately after and follow- ing such entry the day such deed was recorded, and shall sign his name thereto. Becord Books. Sec. 55. The said clerk shall make the entry aforesaid on good royal writing paper, such as is commonly used in record books, each sheet me;isuring in length ninctcoTi inches, and in breadth <^welve iuclies. with a margin in li'.ank of about half an inch at the sides, top :.]id bottom of each page, and shall transmit the same, on or be- fore the tirst day of June in each year, to the clerk of the Court of Appeals, De^ds to be Endorsed when B?csived. Src. 56. Every clerk who receives a dced.nv instrument of writing which is required to be lej'^rded within a specihc time, shall endorse thereon the time when he receives the same. [Sections 57, 58, 59 relate to free negroes, manumission, &c., and have become obsolete.] Shall Apply for Blank Licenses. Sec. CO. Tie shall apply before the lirst of May in each year, to the Comptroller for such number of blank licenses of every sort as may ])robably be required for the use of his county for one year, or the fractional part of the year, terminating on the thirtieth day of April then next ensuing. Shall Grant Licenses to Applicants. Sec. 61. He shall grant to every person who shall apply for the same, such license as he may riesire and be authorized to obtain, prop- erly filled up Rud signed by the clerk. Shall Make Returns to Comptroller Semi-Anmtally. Sec. 63. He shall, on or before the first Monday of -J'me and De- cember in each year, return to the Comptroller under oath, a list and accc)unt of the licenses issued by him; which shall contain the num- ber of lic<'jises issued of each grade and ki^-d, when issued, what amount of money was received for each license, and person to whom the same was granted ; and also shov,- the number, grades and de- scription of blank licenses remaining unissued. Fine of $1,000 for Failure to Apply for Blank Licenses. Sec. 63. Any clerk who shall fail or neglect (annually) on the first day of May, or at such other time or times as may be necessary, to apjily to the Comptroller for blnnk licenses, in the manner herein directed, shall forfeit and pay for every such failure or neglect, the sum of one thousand dollars. 9 128 JUDICIABY DEPARTMENT. Official Bond to be Sued for Certain Neghct. Sec. 64. Any clerk who shall refuse or npglec*- to return to the Comptroller lists and accounts of all licenses issued by him, as here- inbefore required, shall be charged hj the Com])troller with the whole amount of blank licenses delivered to such clerk, at the several rates fixed by law therefor ; and the Comptrollf r shall immediately thereafter direct the official bond of such clerk to be put in suit for recovery thereof. Shall Make Returns to Grand Jury. Sec. 65. Every clerk shall lay before every grand jury attending his court, a list of all licenses granted by him and not by him before returned to any grand jury. Clerks shall Transfer Traders' Licenses when Stocks of Goods are Sold, (tc. When any trader shall sell and dispose of his goods, wares and merchandise, and at the same time shall sell his license to the person or persons purchasing said goods, wares and merchandise, the purchase and transfer of said license shall be entered by the clerk of the Cir- cuit Court, where such license was obtained, and the clerk's fee for said service shall be fifty cents. — 1870, ch. 8.53. Clerks, &e. Not to Practice Law. Art. 11, Sec. 16, P. G. L., provides that no Register of Wills, or clerk of any court, shall practice as attorney at hiw in any of the courts of this State whatsoever, nor shall any Dejjuty Register of Wills, or any deputy clerk of any court, practice as attorney at law in any court of this State of which he is an officer, or to which he may be attached as a deputy or assistant oflicer. — 1868, ch. 404. The clerks of Circuit Courts have other duties prescribed for them, under other General Articles of the Code of Public and Local Laws and special Acts of Assembly. PEES OP CLERKS. The fees of clerks are prescribed by Article 38, Sec. 10, Public General Laws, as follows : Art. 38, Sec. 10. The clerk of the Court of Appeals, the clerks of the Circuit Courts, and the clerks of the courts of the city of Balti- more, may (charge tlie fees herein allowed for the performance of their respective duties, to wit : For filing any paper or thing required to be filed, and entering the same on the docket or minutes of the court, to be charged but once, $ 5 For chjcket entry of any judgment or decree, 25 For entering the naturalization of an alien with certificate un- der seal, including all oaths taken thereon, 3 00 For granting any license of any kind, .00 For taxing the costs in any suit or proceeding, to be charged but once, 15 CIRCUIT COURTS. 129 For ca traupcript thereof, with the items thereof at larfre when demanded, to lie cliarged to tlie person reqiiirint,' the same, $ 10 For every search for matter above a year's standing, however remote the period may be, if found,' " 15 For affixing the seal to every paper or thing, when required, except writs and process, 10 For issuing writs or process of any kind under seal, for every ten words, and so pro rata, 1^ For issuing summons for witnesses, including the names of all witnesses applied for at the time, 15 For issuing summons for witnesses duces tecum, 20 For short copy of judgment not under seal, 15 For transcriljing the docket entries in each suit and of each ex- ecution as required by law, for each transcript, 25 For certificate of the attendance of a witness or juror, 5 For certificate under seal of the qualification of any judcre, or one or more justices of the peace, to any instrument of writ- insr, including all searches made for the purpose of said cer- tificate, 25 For certificate under seal of an admission of an attorney, 1 00 For recording anytJiing required by law to be recorded, and for copies of any papers, for each ten words or figures, and pro rata, 1 For arraigning a criminal, 50 For drawing, impaneling and swearing a petit jury, and enter- ing the same on the docket, ' 75 For drawing, impaneling and swearing a grand jury, and en- tering the same on the minutes of the court, 1 25 For each oath taken in court and entering the same, 5 For each entry necessary to be made on the docket or minutes of the court except tl>ose above mentioned, 5 For granting and registering a certificate of freedom, under seal, 1 00 For making alphabets and lists of transfers of property for each ten words, and so pro rata, except alphabets to docket, 1+ For copying surveyors' plots or recording the same, the same per diem allowed to surveyors for making them. All original papers to which a party is entitled, to be delivered without charge for a search. No search to be charged for looking for any judgment or other record or thing of which a copy is required, or which may be necessary to be recited in any suit or process. Xo charge to be made for any docket entry not actually made. For receiving and l)aying over all puljl.c money received for taxes, licenses or othevvise, five per centum, except the clerk of the Court of Common Pleas, who shall receive one per centum commissions for receiving and paying over. For enterifig satisfaction of judgment on justice's docket, 15 For granting hawker's and peddler's license, to be paid by the hawker or peddler, 1 GO 130 circuit courts. Removal of Causes. The 74t'h Section of Article 75, of Public General Laws, provides that ill all suits or actions at law, issues from the Orphans' Court, or other courts sittinjjj in equity, and in all presentments and indictments now pending, or which may be pending at the time of the passage of this Act, or which may be hereafter instituted in any of the courts of this State, except the Court of Appeals, having jurisdiction thereof, the judge or judges thereof, upon suggestion, in writing, supported by affidavit made by any of the parties thereto, or whenever any party to such cause, or the counsel of any party shall, by other proper evi- dence, make it satisfactorily appear to the court such party cannot have a fair and impartial trial in the court in which such suit or ac- tion, issue or petition, presentment or indictment is pending, or when the judges of said court shall be disqualified, under the provisions of the Constituticm, to sit in any such suit, action, issue or petition, present- ment or indictment, shall order and direct the record of jiroceedings in such suit, action, issue or petition, presentment or indictment, to be transmitted to some other court, and of a diHerent circuit, if the party applying shall so elect, having jurisdiction in such cases, which said court siiall hear and determine the same in like manner as if such suit or action, issue or petition, presentment or indictment had been originally instituted therein; ProirideJ, that such suggestion shall be made l)eibre or during the time at whicli the issue or issues may be joined in said suit or action, issues, petition, i:)resentnient or indict- ment, unless the party or parties ajjplying for such removal shall, in addition to such affidavits as have herein already been jJi'ovided for, further state under oath, that he, she or they, had come to such belief, or been convinced of that fact, since the issue or issues in said cause had been made, upon which additional statements being made and tiled, the cause shall be removed, notwithstanding the issues had been made u}). Sec. 75. When any suit or action, issues, petitions, presentment or indictments shall be removed according to the provisions of the pre- ceding section, it shall and may be lawful for the party at whose in- stance the said suit or action, etc., was not removed, if he, she or they, shall think that justice cannot be done him, her or them, in said court to which said suit or action, &c., has been removed, to tile an affidavit, as prescribed by the preceding section, in said court to which said re- moval is ordered, suggesting that he, she or they, cannot have justice in such court, whereupon the said court shall remove the said cause, suit or action, etc., to such other court, (and of a difl'erent circuit if the party applying shall so elect,) having jurisdiction in such cases, as the said coiu-t shall think will best tend to justice between the parties to the said suit or action.. Section 70 provides that the judge may cause as2:)ecial panel of forty- eiglit jurors to be selected by the sheriif to try the removed cause, &c., and nmy also direct talesmen to l)e sununoned, vfcc. Section 77 pn,vides that in all criminal cases the party to be tried shall not be removed until tlie first day of the session of the court to which the cause has been removed. Section 7^ ])rovi(les that the court may allow tlie State's Attorney not over !^40, to be paid by the county Iroiu which the case wasremovecl. THE JUDGES OF MARYLAND, FROM THE REVOLUTIt)N TO THE PPtESEXT DAT- HISTORY OF "kARYLAND COURTS. The following is a complete List of the Judges in Maryland, and the dates of their tcmi of service, from the commencement of the Revo- lution, and the estal»lishment of tlie State Government, in 1777, to the date of this publication. It also furnishes a brief historical sketch of the successive organizations of the Judiciary Department of the State, for the same period of time : THE COURTS AND JUDGES OF MARYLAND, In 1777. The General Assembly of Maryland, at its February Session in 1777, in pursuance of the power reserved to the Legislature by the sixty- first Article of the Constitution and form of Government, for filling, in the first instance only, all the Civil Offices in the disposition of the Governor, with the advice of the Council, made the following appoint- ments : In the General Coukt. Charles Carroll, (Barrister,) Chief Judge. Benjamin Rumsey and Solomon "Wright, Judges. The gentlemen thus appointed, did not accept. Barrister Carroll, at the time of his appointment, was a member of the Senate. In the Court of Chancery. Richard Sprigg, Chancellor.— Resigned on the 20th of March, 1778. In the Court of Admiralty. Benjamin Nicholson, Judge. — Superseded by the Constitution of the United States. Attorney General. Thomas Jennings. — Did not accept. THE JUDGES OF MARYLAND, From 1778 to 1806. The General Asseml>ly, at its February Session, 1777. passed a reso- lution, under which the Court of Appeals was to be composed of five Judges. The General Asseml)ly, at its October Session, 1778, made the fol- lowing appointments of Judges, who were commissioned by the Gov- ernor, December 22d, 1778 : In the Court op Appeals. Benjamin Rumsey, Chief Judge. Benjamin ]\[ackail, 4th; Thomas Jones, Solomon Wright and Jas. Mm-ray, Judges. 132 maryland judges. Their Successors. The Governor, under his power to fill vacancies, appointed Richard Potts, October 10th, 1801, and Littleton Dennis, October 20tli, 1801, in place of Judges Wriglit and ^Murray, deceased. Judge Wright died in 1791 or 1792, and Judge Murray d'ied in 1783 or 1784. Judges in the General, Court. Wm. Paca, Chief Judge ; appointed February' 12th, 1778. Henry Hooper and Alexander Contee Hanson, Judges; appointed at the same time. Their Successors. The following Judges of the General Court, were appointed the suc- cessors in office of the Judges aboved named, to 1805, when the Gene- ral Court was abolished : Nicholas Thomas, appointed second Judge, March 9th, 1778, in place of Mr. HooiDer, who did not accept. Robert Hanson Harrison, ajJiiointcd Chief Judge. March 10th, 1781, in place of Chief Judge Paca, who resigned October 2-ith, 1778. Robert Gohlsborough, Jr., appointed January 20th, 1784, in place of Judge Thomas, deceased. Jeremiah Townley Chase, appointed October 5th, 1789, in place of Judge Hanson, resigned to accept the office of Chancellor. Thomas Johnson, appointed Chief Judge, April 20th, 1790, in place of Chief Judge Harrison, deceased. Samuel Chase, appointed Chief Judge, October 7th, 1791. in place of Chief Judge Johnson, who was appointed Associate Justice of the Supreme Court of the United States. Judge Robert Goldsborough, appointed Chief Judge, in place of Chief Judge Chase, April 2d,''l796. Gabriel Duvall, appointed Judge, April 2d, 1796, in place of Judge Goldsborough, appointed Chief Judge. Judge Jeremiah Townley Chase, appointed Chief Judge, February 8th, 1799, in jilace of Chief Judge Goldsborough, deceased. John Done, appointed Judge, February 8th 1799, in place of Judge Chase, appointed Chief Judge. Richard Sprigg, appointed December 29th, 1802, in place of Judije Duvall, who resigned on his appointment to the office of Comptroller of the Treasury of the United States. THE CHANCELLORS OP MARYLAND. The following is a complete list of the Chancellors of the State, from 1777 to 1854, when the High Court of Chancery was abolished: Richard Sprigg, appointed by the General Assembly, April 3d. 1777; resigned March 20th, 1778. John Rogers, appointed by the Governor and Council, March 20th, 1778: died 1789. Robert Hanson Harrison, appointed October 1st, 1789; declined accepting. Alexander Contee Hanson, aj^pointed Oct. 3d, 1789 ; died in 1800. MARYLAND JUDGES. 183 Gabriel Duvall, appointed January 20th, 1806; declined accepting. Kobert Smitli, appointed January 23d, 1806 ; declined accepting. AVilliam Kilty, appointetl January 25th, 1806; died in 1821. John Johnson, appointed October 15th, 1831; died in 1824. Tlicodorick Bland, appointed Auifust 16th, 1824; died in 1816. Jolm Johnson, ajipointed December 21st, 1846 ; office expired March 10th, 1854, under the Constitution of 1851. THE ATTORNEYS GENERAL, FiiOM 1777 TO 1878. The following is a list of the Attorneys General, from 1777 to 1873; the office was abolished in 1851, and re-established in 1864 : James Tilghman, was appointed Attorney General, August 7th, 1777, but did not accept. Benjamin Galloway, appointed January 6th, 1778; did not accept. Luther Martin, appointed February 11th, 1778, wlio accepted. William Pinkney, a2)2}ointed December 21st, 1805, to succeed Mr. Martin, who resigned. John Thomson Mason, appointed July 12th, 1806, to succeed Mr. Pinkney, who was appointed Minister to Great Britain. John Johnson, was appointed October 18th, 1806, to succeed Mr. Mason, who resigned. John Montgomery, appointed April 29th, 1811, to succeed Mr. Johnson, who was appointed Chief .Judge of the First Judicial Dis- trict. Mr. Montgomery went out of office on the change of the Con- stitution, by Act of 1816, chap. 247, and confirmed by Act of 1817, chap. 69. Luther Martin, apjDointed February 11th, 1818, under the Act of 1817, chap. 146. Nuthuniel AVilliams was appointed Assistant Attorney General, .Jan- uary 18th, 1820, to continue in office during the indisposition of the Attorney General. Thomas B. Dorsey was appointed February 18th, 1822. Thomas Kell was appointed August 17th, 1824, to succeed Mr. Dorsey, resigned. Roger B. fancy was appointed September 3d, 1827, to succeed Mr. Kell, resigned. Josiali Bayley was appointed July 22d, 1831, to succeed Mr. Taney, resigned. George R. Richardson was appointed to succeed Mr. Bayley, re- signed, and took tiie oath of ollice .June 25th, 1845. Robert J. Brent was appointed February 12th, 1851, to succeed Mr. Richardson, deceased. The office of Attorney General was abolished by the Constitution of 1851, which by Article 3, Sec. 82, provided that no law should be passed creating the office of Attorney General. The Office Re-estahUshtd. The office of Attorney Genei-al was re-established by the Constitu- tion of 1864 ; the officer to be elected by the people every four years. 134 MARYLAND JUDGES. Hon. Alexander Randall, of Annapolis, was elected November, 1864. Hon. Isaac D. Jones was elected November, 1867, under the new Constitution of 1867, for four years. Andrew K. Sj'ester, of Wasiiinston County, was elected November, 1871, to succeed Gen. Jones, whose term of oflfice had expired. THE COUNTY COURTS REORGANIZED. THE CHIEF JUSTICES OF THE DISTRICTS, From 1791 to 1801. The County Courts were reorganized by the Act of 1790, chap. 33, and the several Counties laid off into Districts, and the Governor and Council were authorized to appoint and commission for each of the said Districts, one person of integrity and experience, and sound legal knowledge, to be styled in the commission, Chief Justice of the County Courts in such District, and also to ajjpoint and commission in each County, two persons of integrity, experience and knowledge, to be styled in the commission. Associate Justices of the County Court of the County for which they are appointed. The Associate .Justices were not required to be lawyers. This Act was repealed by the Act of 1801, chap. 74, and the County Courts again reorganized with a sim- ilar provision in the Act as that above mentioned. THE COUNTY COURTS AND DISTRICT JUSTICES. First District. [St. Mary''s, Calvert, Prince George's and Charles Counties.] ' Michael Jenifer Stone, appointed Chief Justice, January 17th, 1791. Richard Sprigg, Jr., appointed January 28th, 1802, to succeed Chief Justice Stone, who was not re-appointed under the Act of 1801, ch. 74. John Mackall Gantt, appointed February 11th, 1803, to succeed Chief Justice Sprigg, who was appointed a Judge of the General Court. Second District. [Cecil, Kent, Queen Anne's and Talbot Counties.'] James Tilghman, appointed Chief Justice, January 17th, 1791. Third District. [Anne Arundel, Baltimore and Harford Counties.] Thomas Jenings, appointed Chief Justice, January 8th, 1791. Benjamin Nicholson, appointed January 10th, 1791, in place of Mr. •Jenings, who did not accept. Josliua Seney, appointed May 8th, 1792, to succeed Chief Justice Nicholson, deceased. Henry Ridgely, appointed November 25th, 1796, to succeed Chief Justice Seney, who resigned. Fourth District. [Caroline, Dorchester, Somerset and Worrcafer Counties.] Jolm Done, appointed Cliief Justice, January 17th, 1791. "William Whittington, appointed February 25th, 1799, to succeed Chief Justice Done, wlio was apjiointed a Judge of the General Court. AVilliam Polk, appointed January 28th, 1802, to succeed Ciiicf Justice Whittington, who was not re-appointed under the Act of 1801, ch. 74. maryland judges. 135 Fifth District. [Washington, Frederick, Montgomery and Allegany Counties.] Richard Potts, ai)]n)intcd Cliief Justice, Jammry 8th, 1791. William Craik, appointed January IGth, 17'Ju, to succeed Chief Jus- tice Potts, who resigned. Richarci Potts, a])pointed October 15th, 1796, to succeed Chief Jus- tice Craik, who resigned. William Craik, appointed October 20th, 1801, to succeed Chief Jus- tice Potts, who was appointed a Jud^e of the Court of A])])eals. WilUiam Claggett, appointed January 2yth, 1802, to succeed Chief Justice Craig, who was not re-appointed under the Act of 1801, ch. 74. THE COURTS OF OYER AND TERMINER. For Baltimore County. The General Assembly of Maryland established the following Courts for Criminnl business, exclusively, in Baltimore county, (whicli then included Baltimore city,) l)y successive Acts of Asbcmldy, with one law^iudge, styled the Chief Justice, and Associate Justices, wdio were not required to be men of legal knowledge : Court op Oyer and Terminer and the City Court. By the Acts of 1791, ch. 50, and 1793, ch. 57, a commission was directed to be issued to one person of integrity, experience and sound legal knowledge, to be styled Chief Justice of the Court of Oyer and Terminer, and Jail Delivery for Baltimore county ; and to four other persons of integrity, experience and knowledge, to be styled Associate Justices of the said court, lor the trial of all offences committed in said county. The Act of 1794, ch. 65, directed that two jiersons of integrity, ex- perience and knowledge, should be commissioned as Assistant Justices of Baltimore County Court, w'ho together with the Chief .Justice of Baltimore County Court, w'ere to hold courts for the trial of all of- fences committed in the county. The Acts of 1797, ch. 121, and 1798, ch. 65, separated the Criminal business of the coimty and city, and e8ta]>lished the Baltimore City Court, for the trial of all offences committed within the city or pre- cincts; and the Act of 1797, ch. 121, directed that two, and the Act of 1798, ch. 65, that three persons of integrity, experience and knowl- edire, should be commissioned as Associate Justices of the said court, to act in conjunction with the Chief Justice of the third district, to transact the business of the said court. The Act of 1799, ch. 58, directed that a commission of Oyer and Terminer and Jail Delivery for the trial of all felonies, etc., committed in Baltimore county and city, should issue to one person of integrity, exi)erience and sound legal knowledge, to be styled Chief Justice of the Court of Oyer and Terminer and JaU Delivery for Baltimore county, and two other })ers(ms of integrity, experience and knowledge, to be styled Associate Justices of the said court. Samuel Chase was appointed Chief Justice, January 2d, 1792, and went out of commission under the oi)trati()n of the Act of 1794, ch. 65. Walter Dorsey w^as next appointed February 9t]i, IbOO, and was commissioned under the Act of 1799, ch. 58. 136 MARYLAND JUDGES. Jolm Scott was appointed April 5th, 1808, to succeed Chief Justice Dorscy, who resigned. Luther Martin was appointed August 12th, 1813, to succeed Chief Justice Scott, deceased. At December Session, 1816, a new court, called the "Baltimore City Coi;rt,"' was organized in place of the court of Oyer and Terminer, which changed the judges without changing the iurisdiction. Nicholas ferice, Chief Judge, appointed February 5th, 1817. William McMechen and Alexander Nisbett, Associate Judges, ap- pointed February 5th, 1817. W. G. D. Worthington, appointed Associate Judge, February 2d, 1833, to succeed Judge McMechen, deceased. RE ORGANIZATION OF THE JUDICIARY DEPARTMENT, In 1804. The General Assembly of Maryland, by the Act of 1804, eh. 55, confirmed by the Act of 1805, ch. IG, abolished the Court of Appeals and the General Court. The General Asseraljly also reorganized tlie Court of Appeals, and the County Courts in the several Judicial Dis- tricts. The following appointments of Judges were made, by the Governor, under the above Acts. JUDGES OF THE COURT OF APPEALS. Jeremiah Townley Chase, Chief Judge, aj^pointed January 16th. 1806. Gabriel Duvall, Robert Smith, James Tilghman, John Thomson Mason and William Polk, Judges, a2)pointed respectively on the 16th, 17tli, 18th, 19th and 20tli days'of January, 1806. The following were their successors in office: Richard Sprigg was appointed Judge, January 27th, 1806, in place of Mr. Duvall, who did not accept. John Buchanan, was appointed Judge, January 28th, 1806, in place of Mr. Mason, who did not accept. Josei)h Hopper Nicholson was appointed Judge, March 26th, 1806, in place of Mr. Smith, who did not accept. John Mackall Gantt was appointed March 27th, 1806, to succeed Judge Sprigg, deceased. Richard Tilghman Earle was appointed May 20th, 1809, to suc- ceed Judge Tilghman, deceased. John .Johnson was api)ointed March 25th, 1811, to succeed Judge Gantt, deceased. John Done was appointed December 14th, 1812, to succeed Judge Polk, deceased. William Bond Martin was appointed December 13th. 1814, to suc- ceed .Judge Done, who resignecl. Walter Dorsey was appointed March 14th, 1817, to succeed Judge Nicholson, deceased. MARYLAND JUDGES. 137 John Steven, Jr., was appoinled a Jmlu'-e of the Court of Appeals, December 20th, 1821, to succeed Judge Johnson, who was ax)pointed Chancellor. Chief Judge Chase was prevented from attending the court at .June term, 182;:3, owing to indisposition; he resigned June 18th, 1821. Stevenson Archer was appointed Judge, August 8th, 1823, to suc- ceed .Judge Dorsey, deceased. • Chief Judge Buchanan acted as Chief .Judge of Court of Aj)pca]s during June term of 1824, on the western shore, under the 6th Section of Act of 1805, ch. 65, in place of Chief Judge Chase, resigned; he was commissioned Chief Judge, July 27th, 1824. Thomas B. Dorsey was appointed Judge, July 24th, 1824, to fill the vacancy occasioned by the resignation of Chief Judge Chase. E. F. Chambers was apjiointed Judge, August 7th, 1834. to suc- ceed Judge Earle, who resigned June Gth, 1834. Associate Judge Spence was appointed Judge, May 20th, 1835, to succeed Jutl^e Martin, deceased. THE COUNTY COURTS. First Judicial District. [St. Mary''s, Charles and Prince George's Counties.] Gabriel Duvall, Chief Judge was appointed January 16, 1806. Richard Sprigg and John MacKall Gantt, Associate Judges, appoint- ed, respectively, January IGtli and 17th, 1806. The following were their successors in office: l^ichard Sprigg was appointed Chief Judge, January 27th, 1806, in i)lace of Mr. Duvall, who did not accept. Thomas Buchanan was appointed Associate Judge, January 27th, 1806, to nil the vacancy occasioned by the promotion of Judge Sprigg. Edmund Ivcy was appointed Associate Judge, January 28th, 1806, place of Mr. Buchanan, who did not accept. John Mackall Gantt, was api)ointed Chief Judge, March 27th, 1806, to succeed Chiel Judge Sprigg, deceased. Daniel Clarke was appointed Associate .Judge, March 28th, 1808. to fill the vacancy occasioned by the promotion of Judge Gantt. John Johnson was appointed Chief Judge, March 25th, 1811, to succeed Chief Judge Gantt, deceased. John Rousby Plater was appointed Associate Judge, August 22d, 1815, to succeed Judge Clarke, deceased. John Steven, Jr., apjjointed Chief Judge, December 20th, 1831, to succeed Chief Judge Johnson, appointed Chancellor. Clement Dorsey was appointe(l Associate Judge, April 21st, 1833. to succeed Judge Plater, deceased. Second Judicial District. [Cecil, Kent, Queen Anne's and Talbot Counties.] James Tilghman, Chief Judge, ai)])ointed January 18th, 1800. Joseph Hopper Nicholson and Lemuel Purnuil, Associate Judges, ap- pointed respectively January 27th and 28th, 1806. 138 MAKYLAND JUDGES. The following were their successors in office : Edward Worrell was apjiointed Associate Judge, March 27th, 1806. in place of Mr. Nicholson, who did not accept. Richard Tilghnian Earle was ajipointed Chief Judge, May 26th, 1809. to succeed Chief Judge Tilghman, deceased. Roliert Wright was appointed Associate Judge, to succeed Asso- ciate Judge Worrell, who resigned. Philemon B. Hopper was appointed Associate Judge, October 25th, 1826. to succeed Judge Wright, deceased. John B. Eccleston was appointed Associate Judge, February 8th, 1832. to succeed Judge Purnell, resigned. E. F. Chaml)ers was appointed Chief Judge, August 7th, 1834, to succeed Chief Judge Earle, resigned. Third Judicial District. [Calvert, Anne Arundel and Montgomery Counties^ Jeremiah Townley Chase, Chief Judge, apjDointed Jan'y 16th, 1806. Henry Ridgely and Richard Hall Harwood, Associate Judges, ap- pointed respectively, January 27th and 2Sth, 1806. The lollowing were their successors in office : Richard Ridgely was appointed Associate Judge, July 30th, 1811, to succeed Judge H. Ridgely, deceased. Charles J. Kilgour was appointed Associate Judge, iSTovember 29th, 1817, to succeed Judge Harwood, who resigned. Thomas H. Wilkinson was appointed Associate Judge, March 30th, 1820, to succeed Judge Ridgely, deceased. Thomas B. Dorsey was appointed Chief Judge, July 27th, 1824, to succeed Chief Judge Chase, resigned. Nicholas Brewer, Jr. was appointed Associate Judge, October 18th, 1837, to succeed Judge Kilgour, deceased. Fourth Judicial District. [Caroline, Dorchester, Somerset and, Worcester Counties.] William Polk, Chief Judge, appointed January 20th, 1806. John Done and James B. Robbins. Associate Judges, appointed respectively, January 27th and 28th, 1806. The following were their successors in office : John Done was appointed Chief Judge, December 14th, 1812, to succeed Chief Judge Polk, deceased. William Whittington was apjjointed Associate Judge, December 20th, 1812, to till the vacancy occasioned by the promotion of Judge Done. AVilliam Bond Martin was appointed Chief Judge, December 13th, 1814, to succeed Chief Judge Done, who resigned. Ara Spence was appointed Associate Judge, October 26th, 1826, to succeed Judge Robbins, deceased. William Tingle was appointed Associate Judge, March 9th, 1827, to succeed Judge Whittington, deceased. Judire Sjjence was appointed Chief Judge, May 20th, 1835, to suc- ceed Chief Judge Martin, deceased. Brjcc J. Goldsborough was appointed Associate Judge, October 13th, 1835, to succeed Judge SiJence, promoted to Chief Judge. maryland judges. 189 Fifth Jumcial Distiuct. [Frederid; WmJiinf/ton and Allegany Counties.] John Tlinmson Mason. ChicfJiifluc :ii)])ointed January 19th, 1806. John Bucli;inan and "NA'illiam Chiirirott. Associate Judges, appointed respectively .January 27tli and ^Stli, 180(1. The lr)l](iwing were their successors in office : John Buchanan was a])])()inted Cliief Judge, January 28th, 1806, in pUice of Mr. Mason, who did not acce])t. Abraham Sliriver was appointed Associate Judge, January 29th, 180G, to till the vacancy occasioned by the promotion of Judge Buchanan. Roger Nelson was appointed Associate Judge, May 7th, 1810, to succeed Judge G'laggett, deceased. Thomas Buchanan was appoijited Associate Judge, May 5th, 1815, to succeed Judge Nelson, deceased. Sixth Judicial District. [Baltimore and Harford Counties.'] Robert Smith, Chief Judge, appointed January 17th, 1806. Benjamin Rumsey and Thomas Jones, Associate Judges, appointed respectively, Januai-y 27th and 28th, 1806. The following were their successors in office: Zebulon HoUingsworth was appointed Associate .Judge, January 2Dtli, 1S06, in place of Mr. Rumsey, who did not accept.. Joseph Hopper Nicholson was appointed Chief Judge, March 26th, 1806, in jjlace ot Mr. Smith, who did not accept. Theodorick Bland was appointed Associ'ite Judge, October 10th, 1812. to succeed Judge Jones, deceased. Charles Wallace Hanson, was appointed Associate .Judge, February 5th, 1817, to succeed Judge HoUingsworth, who was removed. AValter Dorsey was appointed Chief Juoge, March 14th, 1817, to succeed Chief Judge Nicholson, deceased. William H. Ward was ajjiiointed Associate Jnrlge, January 20th, 1818, to succeed Judge Bland, who accepted an olnce or place from the President of the United States. Stevenson Archer was appointed Chief Judge, August 8th, 1823, to succeed Chief Judge Dorsey, deceased. Thomas Kell was ap])ointed Associate Judge, August 6th, 1827, to succeed Judge Ward, tleceased. Richard B. Magruder was appointed Associate Judge, October 30th, 1832, to succeed Judge Hanson, resigned. John Purviance was appointed Associate Judge, May 7th, 1833, to succeed Judge Kell, resigned. John C. Legrand, appointed February 19th, 1844, to succeed Judge Magruder, deceased. 140 MAr.TLAND JUDGES. REORGANIZATION OF THE JUDICIARY DEPARTMENT, Under the Constitution of 1851. In 1851, on the 4th of July, a new Constitution went into effect in this Stat«, which reorganized the Judiciary Department, and made the Judges elected, for ten years, by the people, instead of their being appointed by tlie Governor. It divided the State into four .Judicial Districts, for the election of four Judges of the Court of Appeals, the Chief Justice to be sele^'ted by the Governor. It also divided the State into eight Judicial Circuits, with one Judge for each Circuit, except the fifth, (Baltimore city,) for which it provided four Courts, witii one .Judge for each. The Act of 1852, ch. 357, provided for the separation of Baltimore county from Baltimore city, and the Constitution of 1851 provided that as soon as a county seat was located, and the public bui. dings completed, the Baltimore County Court should there hold its sessions, which was accomplished in January, 1858. THE JUDGES IN 1851. The following is a List of the .Judges elected November, 1851, for ten years, and their Circuits, under the Constitution of 1S51 : THE COURT OF APPEALS IN 1851. Hon. .John Carroll Legrand, Chief Judge. Hon. John Bowers Ecclestou, Hon. William Hallam Tuck, and Hon. John Thomson Mason, Judges. THE CIRCUIT COURTS IN 1851. FiBST Judicial Circuit. \^St. Mary''s, Charles and Prince George's Gountks,'] Hon. Peter W. Crain, Judge. Second Judicial Circuit. {Anne Arundel., Howard, Calvert and Montgomery Counties.] Hon. Nicholas Brewer, Judge. Third Judicial Circuit. [Fredenck and Carroll Counties.'] Hon. Madison Nelson, Judge. Fourth Judicial Circuit. {Washington and Allegany Counties.'] Hon. Thomas Perry, Judge. Sixth Judicial Circuit. {Baltimore, Harford and Cecil Counties.'] Hon. Albert Constable, Judge. Seventh Judicial Circuit. {Kent, Queen Anne's, Tallot and Caroline Counties.] Hon. Philemon B. Hopper, Judge. Eighth Judicial Circuit. {Dorchester, Somerset and 'Worceiter Counties.] Hon. Ara Spcnce, Judge. MARYLAND JUDGES. 141 COURTS IN BALTIMORE CITY. Superior Court. — Hon. William Frick, Judge. Coort Common Plms. — Hon. William L. Mai-shall, Judge. Crimiruil Court. — Hon. Henry Stump, Judge. Circuit Court for Baltim&re City. — Hon. Wm. Geo. Krebs, Judge. [The Circuit Court was established by the Act of l.S.'iB, ch. 123, in pursuance of the provisions of the 12th section of the 4th Article of the Constitution.] The following changes took place in the Judges above elected, from 1851 to 18G1 : In the Court of Appeals. — Hon. Jas. Lawrence Bartol was appointed by the Governor, May 1st, 1857, and elected November 4tli, 1N57, to succeed Judge Mason, resigned; and Hon. Brice .John Goldsborough. Associate Justice, was appointed and commissioned by the Governor, NovemI)er 22d, ISOO, to succeed Judge Eccleston, deceased. In the >ii,rth Judicial Circuit. — Hon. James M. Buchanan was ap- pointed by the Governor, September 3d, 1855, (to succeed Judge Con- stable, deceased,) until the next General Election, on November 7th, 1855, when the Hon. John H. Price, was elected Judge for ten years. In the Seventh Judicial Circuit. — Hon. Richard B. Carmichael was appointed by the Governor, April 3d, 1858, to succeed Judge Hopper, deceased. In the Eighth Judicial Circuit. — Hon. Jas. A. Stewart was appointed by the Governor, September 30th, 1854, to succeed Judge Spcnce, re- signed ; and Hon. Thos. A. Si:)euce was elected Noveml'er 7th, 1855, to succeed Judge Stewart. In the Superior Court of Baltimore City. — Hon. Benjamin C. Presst- man was appointed by the Governor, August 4th, 1855, to till the vacancy occasioned by the decease of Judge Frick, until the next General Election, November 7th, 1855, when Hon. Z. Collins Lee was elected. Hon. Robert N. Martin was appointed by the Governor, December Olh, 1859, to succeed Judge Lee, deceased. In the Criminal Court. — Hon. Hugh Lenox Bond was appointed by the Governor, March 15th, 18G0, to succeed Judge Stump, who was removed. THE JUDGES IN 1861. The term of all the Judges elected in 1851, having expired in 1861. with the exception of those elected to till va^aneies, (who held for ten years,) their successors \v ere elected at the General Electior, in Novem- ber, 1801. After the General Election in 1861, the Judges of the Courts of the State, were as follows : The Court op Appeals in 1861. Hon. Richard Johns Bowie, Chief Justice, elected November 6th, 1861, vice Judge Tuck, and commissioned Chief Justice, November 16th, 1861; Hon. James Lawrence Bartol, Judge; Hon. Brice John Goldsborough, Judge, (elected November 6th, 1861,) and Hon. Silas Morris Cocliran, Judge, elected November 6th, 1861, vice Chief Jus- tice Legrand. 142 MARYLAKD jrDGES. The Cfrcuit Judges in 1861. First Judicial Circirit.—B.on. George Brent, Judge, elected Novem- ber 6th, 1861, vice Judge Grain. Second Judicial Circuit. — Hon. Nicholas Brewer, Judge, re-elected November 6th, 1861. Third Judicial Circuit. — Hon. Madison Nelson, Judge, re-elected November 6th, 1861. Fourth Judicial Circuit.— Hon. Daniel Weisel, Judge, elected Novem- ber 6th, 1861, vice Judge Perry. Si.Tth Judicial Circuit. — Hon. John H. Price, Judge. Seventh Judicial Circtdt. — Hon. Richard B. Carmichael. Judge. Eighth Judicial Circuit. — Hon. Thomas A. Spence, Judge. In the Fifth Judicial Circuit, which comprised the courts of Balti- more city, the Judges in 1861, were as follows: Superior Court.— Row. Robert N. Martin, elected Nov. 6th, 1861. Court of Common Pleas. — Hon. John C. King, elected November 6th, 1861, vice Judge Marshall. Circuit Court. — Hon. Wm. George Krebs, holding over. Criminal Court. — Hon. Hugh Lenox Bond. The following changes took place from 1861 to 1864 : In the Second Judicial Circuit — Hon. Wm. Hallam Tuck, was ap- pointed bv the Governor, Oct. 24th, 1864, to succeed Judge Brewer, who died October, 16th, 1864. *In the Fifth Judicial Circuit — Hon. George French was appointed by the Governor, January 20th, 1865, to succeed Judge AVeisel, who was elected Judge of the Court of Appeals. */tt the Sixth Judicial Circuit — Hon. Geo. A. Pearre, was appointed by the Governor, August 29th, 1865, and elected November 7th, 1865, to succeed Judge Smith, deceased. In the Seventh Judicial Circuit — Hon. James B. Ricaud, was ap- pointed by the Governor, and commissioned March 10th, 1864, to suc- ceed Judge Carmichael, who resigned. In the Circuit Court for Baltimore City — Hon. Wm. Alexander was elected by the people, November 4th, 1863, to succeed Judge Krebs, deceased. EEORGANIZATION OF THE JUDICIARY DEPARTMENT, Under the Constitution of 1864. In 1864, on the first day of November, a new Constitution went into effect in this State, which again reorganized the Judiciary Depart- ment, by abolishing the existing system, and providing for a new election in November, 1864, of Judges, by the people, for tifteen years, or until the age of seventy years. It divided the State into five Judi- cial Districts, for the election of five Judges of the Court of Appeals. It also divided the State into thirteen Judicial Circuits. The Judges of the Court of Appeals were removed, one Judge was added from the new Fourth District. *Sce page 14:j, under Constitution of 1864. MARYLAND JUDGES. 143 Under the new organization and election, the Judges and their Dis- tricts and Cii'cuits, were as follows : The Court of Appeals in 1864. Hon. Richard Johns Bowie, Cliief Justice. Hon. JariR's L. Bartol, Hon. Brice John Goldsborough, Hon. Silas Morris Cochran, and Hon. Daniel Weisel, Associate Justices. THE CIRCUITS AND JUDGES IN 1864. First Judicial Circuit. [St. Mary''s and Charles Counties.] Hon. George Brent, Judge. Second Judicial Circuit. [Anne Arundel and Calvert Counties.] Hon. Wm. Hallam Tuck, Judge. Third Judicial Circuit. [Prince George's and Montgomery Counties.'] Hon. Samuel H. Berry, Judge. Fourth Judicial Circuit. [Frederick County.] Hon. Madison Nelson, Judge. Fifth Judicial Circuit. [ Washington County.] Hon. George French, Judge. Sixth Judicial Circuit. [Allegany County.] Hon. James Smith, Judge. Seventh Judicial Circuit. [Carroll and Howard Counties.] Hon. John E. Smith, Judge. Eighth Judicial Circuit. [Baltimare County.] lion. Daniel C. H. Emory, Judge. Ninth Judicial Circuit. [Harford and Cecil Counties.] Hon. John H. Price, Judge. Tenth Judicial Circuit. [Kent and Queen Anne's Counties.] Hon. John M. Robinson, Judge. Eleventh Judicial Circuit. [TaV>ot and Caroline Counties.] Hon. Henry M. Goldsborough, Judge. Twelfth Judicial Circuit. [Dorchester, Somerset and Worcester Counties.] Hon. Thomas A. Spence, Judge. BALTIMORE CITY COURTS. The Superior Court op Baltimore City. Hon. Robert N. Martin, Judge. The Circuit Court of Baltimore City. Hon. William Alexander, Judge. 10 144 maryland judges. The Court of Common Pleas. Hon. Jolin C. King, Judge. The Criminal Court of Baltimore Citt. Hon. Hugli Lenox Bond, Judge. The fo: lowing changes took jDlace in the Judges above elected, from 1864 to 1867 : In the Court of Appeals. — Hon. Peter Wood Crain was appointed As-^ociate Justice by the Governor, ^March 19th, 1867, to succeed Jus- tice Cochran, deceased. In the Second Judicial Circuit. — Hon. Daniel Randall Magruder, by a decision of the Court of Appeals, was declared to have been duly elected, November 7th, 18G5, in place of Judge Tuck. Attorney Oeneral. — Alexander Randall. REORGANIZATION OF THE JUDICIARY DEPARTMENT, Uin)ER the Constitution of 1867. In 1867, on the fifth day of October, a new Constitution went into effect, which again reorganized the Judiciary Department, and pro- vided f(ir a new election of all the Judges in the State, for a term of fifteen years. It divided the State into eight Judicial Circuits, seven of which are composed of the counties, and the eighth of Baltimore city. The Court of Appeals consists of the Chief Judges of the first seven Judicial Circuits, and one Judge specially elected from Balti- more city; the Chief Judge is designated by the Governor. The first seven Judicial Circuits elect a Chief Judge and two Asso- ciate Judges, and the eighth Circuit, (Baltimore city.) elects five Judges, one for each Court in the city, who also sit collectively, as the Supreme Bench, for special purposes, with Hon. T. Parkin Scott, as Chief Judge. The Court of Appeals in 1867. Chief Judge. — Hon. James Lawrence Bartol. Associate Judges. — Hon. James Augustus Stewart, Hon. John Mitchell Robinson, Hon. Richard Grason, Hon. Richard Henry Alvey, Hon. Oliver Miller, Hon. Madison Nelson and Hon. George Brent. THE CIRCUIT COURTS IN 1867. First Judicial Circuit. [Worcester^ Somerset, Dorchester and Wicomico Counties.'] Hon. James A. Stewart, Chief Judge. Hon. J. R. Franklin and Hon. Levin T. H. Irving, Associate Judges. Second Judicial Circuit. {Caroline, TnJbot, Queen Anne's, Kent and Cecil Counties.] Hon. John M. Robinson, Chief Judge. Hon. Joseph A. W'ickes and Hon. Fred'k Stump, Associate Judges. T[fiRD JuPiriAL Circuit. [Baltimore and Harford Counties.] Hon. Richard Grason, Chief Judge. Hon. Geo. Yellott and Hon. Alfred W. Bateman, Associate Judge*. HAllYLAND JUDGES. 145 ForrtTii JuPiciAT. Ciuotjit. [AlhffariM ami V\'n.s' Courts, are contained in Article 98, Sections 227 to 253, &c. The Oovernor Designates the Chief Judges. Art. 93, Sec. 227. The Governor shall, of the three persons elected Judges of the Orphans' Court, in the several counties, and m the city of Baltimore, designate and commission one as Chief Judge of his re- spective court. The Judges'' Per Diem. Sec 227.* The Judges of the Orphans' Court of the several counties, shall each receive the sum of four dollars, and the Judges of the Or- phans' Court of Baltimore city, shall receive six dollars fnr every day's attendance upon the sessions of said court, to be paid by the counties and the city of Baltimore, respectively. — 1868, ch. 169. Terms of Court. Sec 228. The Orphans' Court, unless a different time is prescribed by the local law, shall be held in each county and the city of Balti- more, at the usual place of holding th" court of said county or city, on the second Tuesday in every month of February, April, June, August, October and December, and oftener if need be, according to its own adjournment; and any one of the judges of the said court, in the absence of the others, shall have power to hold the said court at a stated time of adjournment, only for the purpose of adjourning; any two of them shall have full power to do any act which the said court is, or shall be authorized by law to perform, and any two of them shall have 148 orphans' courts. l)ower to hold the court, on any day not named in an adjournment, I in the application of any person having pressing business in the said court ; Provided, notice thereof be given to all, and in such case the register sliall record that such notice hath been given. Recess, &c. Sec. 229. A recess of the Orphans' Court shall be deemed and taken to be not only such days as they may not hold a court, but also such parts or portions of a day as they may not be in actual session ; if the Orphans' Court shall not meet on a day lixed for its meeting, the register shall adjourn the court from day to day until a meeting shall be had according to law. Jurisdiction. Sec. 230. The court shall have full power to take probate of wills, grant letters testamentary and of administration, direct the conduct and settling the accounts of executors and administrators, superintend the distribution of the estates of intestates, secure the rights of ori)hans and legatees, and to administer justice in all matters relative to the affairs of deceased persons. Potoei's of the Courts — To Keep a Seal. Sec. 231. The Orphans' Courts shall have full power, authority and jui'isdiction to examine, hear and decree upon all accounts, (;laims and demands existing between wards and their guardians, and lietween legatees or i)ersons entitled to any distributive share of an intestate's estate, and executors and administrators, and may enforce •bedience to any execution of their decrees in the same ample manner as the courts of equity in this State. They shall keep a seal for their several courts, and for the office of Register of Wills of their county, and the said seal shall l^e affixed to all certificates of the court, or of the register, and to every process and writ issued from the court. May Inquire into Conduct of Guardians. Sec. 232. The court may, on the application of an infant, or any person in his behalf, suggesting improper conduct in any guardian whatever, either in relation to the care and nianagenicnt of the prop- (U'ty or person of any infant, inquire into the same, and at their dis- cretion, remove such guardian and make choice of another, v/ho snail give security, and conduct himself in the manner herein prescribed, and shall receive the jjroperty and custody of the said ward. May Summon Witnesses. Sec. 233. The court may issue a summons for any person concerned in the affairs of a deceased pereon, for a witness, or any other person whose a])i)earancc in said courts shall be deemed necessary or proper for any purpose. And such sunnnons may issue to any county in tire State, and shall Ije returnal)le in their discretion, and they may enforcc- (jl)edience to their sunnnons by attachment, and may punish the party for his contempt, by a tine not exceeding thirty dollars. May Commit Refractory Witnesses. Sec. 234. The court may, if a witness before the court shall refuse to give evidence, commit him to the custody of the sheriff or coroner, :is the case may lie, until he give evidence or be discharged, accoiding to law, or they may attach and sequester his estate. orphans' courts. 149 May Issrie Attachment after Two Summonses. Src. 235. The court may, wlicnever two summonses sball be regu- larly returned "non est'' by the sheriff, or other officer of the county where the party last resided, issue an attachment aj^^ainst his lands and tenements, goods and chattels, and upon return thereof, with a schedule of the property annexed, may by order or commission, under seal, authorize some person or persons to take into his or tlieir cus- tody, the property contained in such schedule, or any part thereof, and to receive the profits thereof, to be accounted for until the party summoned shall appear and obey the order of the court, or until fur- ther order; and the sheriff or other officer sliall deliver the property accordingly. And the person or persons to whom the same shall be committed, shall, before receiving the same, give bond with security in such penalty as the court shall direct, for rendering a true account of such property and the profits, and for the delivery of the same ac- cording to the order of the court, deducting such allowance for loss, and such commission, not exceeding five per cent., as the court shall allow ; and such bond shall be recorded, and be in all respects on a footing with an administration bond. May Deliver the Property to Heirs, &c. Sec. 236. They may, whenever the purpose for which the property was scrjuestered is answered, order the same and the profits thereof, deducting for loss and commission as aforesaid, to be delivered to the party or to his heirs, devisees, or legal representatives, upon their re- spective applications, and satisfying the court of the parties' right in case the purposes for which the attachment was issued cannot be answered. May Order Money to he Invested,, &c. Sec. 237. The Orphans' Courts may, in their discretion, and when- over to them it shall seem proper, either ex-officio or upon applica- tion, order any administrator to whom they may have granted admin- istration, or any guardian whom they may have appointed, or whose bond they may have approved, to bring into court, or place in bank, or invest in bank, or other incorporated stock, or any other good se- curity, any money, or funds received by such administrator or guar- dian ; and the court shall direct the manner and form in which such money or funds shall be placed in bank, or invested ; and the same shall at all times be subject to the order and control of the court, and if the administrator or guardian shall not, within a reasonable time to be fixed by the court, comply with the order, his administration or guardianship may be revoked. May Inquire into Property Conceuleti. Sec. 238. If an administrator bhall believe that any person conceals any part of his decedent's estate, he may file a petition in the Orphans" Court of the county in which he obtained administration, alleging such concealment, and the court shall compel an answer thereto, on oath, and if satisfied upon an examination of the whole case that the party charged has concealed any part of the personal estate of the deceased, may order the delivery thereof to the administrator, and may enforce obedience to such order by attachment, imprisonment or .sequestration of property. 150 orphans' courts. Pr&disions of Preceding Section Extended. Sec. 239. The provisions of tlie aforegoing section are extended to all cases where any person interested in any decedent's estate shall, by bill or petition, allege that the adniiiiistrator has concealed, or has in his hands and has omitted to return in the inventory or list of debts, any part of his decedent's assets ; and if the court shall finally adjudge and decree in favor of the allegations of snch petition or bill, in whole or in part, they shall order an additional inventory, or list of debts, as the case may be, to be returned by the administrator, and ajjpraise- ment to be made accordingly, to comprehend the assets omitted ; and such additional inventory or list of deljts shall have the same eflect to all intents and purposes, as any inventory or list of debts, before returned; and the court may compel obedience to the said order by attachment and imprisonment, and sequestration of property ; and if the said administrator shall, either before or after such process of at- tachment, imprisonment and sequesti'ation, fail to comply with such order, his administration may be revoked, and the court may direct Iiis bond to be put in suit, and the assets ordered to be comprised in such additional inventory or list of debts, shall be decreed and taken to be within the condition of said bond. May Cause Issues to he Sent to Circuit Courts, &c. Sec. 240. If upon the answer to any petition or bill filed under the provisions of the last two preceding sections, either party shall require it, the court shall cause an issue or issues to be made up and sent to the Circuit Court of the county, or the Superior Court of Baltimore city, as the case may lie, to be there tried and disi^osed of as other is- sues from the Orjjhans' Court; and either party to such bill or peti- tion may appeal to the Circuit Court of the county, or the Superior Court of Baltimore city. May Revoke the Administration, &c. Sec. 241. Whenever any joint administrator or executor shall ap- prehend that he is likely to suffer by the negligence or misconduct in the administration, improper use, or misapplication of the assets of the estate l)y any executor or administrator, he shall make complaint to the Orphans' Court, and if the same shall be adjudged well founded, the court shall have authority in their discretion to revoke the powers and authority of the executor or administrator so complained of, and to enforce by attachment and commitment, if necessary, the surrender and delivery to the remaining executor or administrator of the assets, and of all book accounts and evidences of debt of the estate that may be in the possession or control of the person so dismissed from the administration, and the remaining executors or administrators shall have remedy by an action in the case for the recovery of any loss or daniage that they may be subject to, or suffer by the executor or ad- ministrator whose powers shall have been revoked as aforesaid. May Compel the rtcndition of an Account. Sec. 242. Whenev(>r the Orphans' Court shall revoke letters testa- mentary, or of administration, or of guardianship, it sh'dl 1)e the duty of the ])arty whose letters or guardiaiisliip may lie revoked, fortlnvitli to render to such court an account of his administration or guareliau- orphans' courts. 151 ship, up to the period of the rendition of such account; and in case he shall fail to do so within the time tixed by such court, tlir- court may com]jel the rendition of such account by attachment, sequestration of property, and imprisonment of the party so failing, until such account shall be rendered as aforesaid. May Compel Delivei'y of Property to a Hew Administrator. Sec. 243. Wlien any Orphans' Court shall revoke any letters testa- mentary, or of administration, and there be no remaininj? executor or administrator, it shall be the duty of the court to appoint a new ad- ministrator ; and if the party whose letters testamentary or of adminis- tration may be revoked, shall not, within a reasonable time to be fixed by the court, deliver over to such new administrator, or to the remain- ing executor or administrator, as the case may be, all the property of the deceased remaininjx in his hands unadminister-ed, and also all the books, bonds, notes and evidences of debt, or funds, and all title to proj^erty or stocks which belong to, or are due, or which may become due to the decedent, in his possession, and also pay over to such new administrator, or remainijig executor or administrator of the decedent, all the money due to him as executor or administrator of the dece- dent, the court may compel the delivery and payment over as afore- said by attachment and sequestration of the property of the party whose letters may be revoked, and m-^y also direct to be put in suit the administration or testamentary bond of such executor or admin- istrator whose letters have been revoked. May Appoint Neio Trustee in Case of Death. Sec. 244. In all cases where special Acts of Asseml)ly have been passed, authorizing any Orphans' Court to appoint a trustee to sell and dispose of real estate, th*^ property of minors, and the trustee ap- pointed hath died or removed without completing his trust, the Orphans' Court of the proper county, shall appoint another trustee to carry into effect the provisions of the jDarticular Act. Proccedinjs, IIoic Regulated. Sec. 245. The course of proceedimxs shall be regulated in each case in which proceedings may be had under the preceding section, by the provisions of the par'^icular Act under which a trustee has been ap- ])oiiited, who has died or removed, without fully executing and com- pleting his trust. The New Executor made Party to all Stiits Pending. Sec. 246. If letters testamentary, or of administration, shall be re- voked by the Orphans' Court, and new letters granted^ ])ending any action at law or in equity, against the executor or administrator, whose letters are revoked, there shall he, the same proceedings to make the i^-oper executor or administrator a party in the action, iqion the suggestion of such revocation, as in cases where a defendant has died pending an action. Scire Faci/is to Isme, &c. Sec. 247. If in the case mentioned in the preceding section there had been a judgment rendered previous to the revocation of the let- ters, a scire facias shall issue upon such judgment against the proper 153 orphans' courts. executor or administrator, siisrgesting the revocation of the letters of the former executor or administrator, and there shall be the same pro- ceedings as in ordinary cases against executors and administrators. Additional Legal Proceedings. Sec. 248. If a judgment shall be obtained against an executor or administrator, who has been made a party to a suit in the place of an executor or administrator whose letters have been revoked, and it shall not be found by the jury that the executor or administrator, against whom such judgment has been rendered, has assets sufficient to discharge the same, the plaintift" in such judgment may also issue a scire iacias on such judgment against the executor or administrator whose letters h-we been revoked, suggesting that such executor or ad- ministrator did receive assets of the deceased, liable to such judgment more than was paid over or delivered by such executor or adminis- trator, to the person obtaining the said letters testamentary or of ad- ministration, and if the sam^i shall be controverted, it shnll be ascer- tained by a jury in the same manner as in cases of scire facias, suggest- ing assets against the second executor or administrator, and in case of a vordift and judgment being given against such former executor or administrator, execution may issue thereon in the same manner as against other executors and administrators, and the jilaintiif may also sue the bond of such former executor or administrator. May Direct Plenary Proceedings, &g. Sec. 249. The Orphans' Court may, in all cases of controversy therein, upon the application of either party, direct a plenary proceed- ing by bill or petition, to which there shall be an answer on oath ; and if the party refuse to answer any matter alleged in the bill or petition pi'oper for the court to decide upo", he may be attacln-d, lined and committed, or his property may be attached and sequestered. May Oive Judgment or Decree in Certain Cases. Sec. 250. On such plenary proceeding, all the depositions shall be taken in writing, and recorded ; and if either party re(|uire it, the court shnll direct an issue or issues to be made up and sent to any court of law convenient for trying the same, and the issues shall be tried in the said court of law as soon as convenient, without any con- tiuance longer than may be necessary to procure the attendance of witnesses; and the power of the court of law and the proceedings thereto relative, shall be as directed by law, respecting the trial of issues ; and tlie Orphans' Court shall give judgment or decree upon the bill and answer, or the bill, answer and depositions, or finding of the jur\, and may in all cases of contest award costs in their discre- tion, and com])el payment by attachment and tine, or by attachment and sequestration. To he Filed in Proceedings in Case of Appeal. Sec. 251. In all cases of ])lenary proceedings, or caveat filed in any of the Or])han«' Courts of this State, where any motion or ap])lication to the court shall 1)C nuide in writing, it shall be the duty of the court to reduce to writing, and sign the order or decree that may be made by them on such motion or ai)iili(Mti()n, and the said motion or api)li- catiou to the court, and the order or decree thereon, shall be filed as OKi'irANs' coums. 153 n part of the proceedings, and in case of appeal from the final decree of the Orphans' Court, be transmitted to the ajipellate court with the other proceedings, and be subject to the juclgment and revision of such appellate court. y'o Exercise no Jurisdiction not Ejfjrressly ConfeiTcd. Sec. 252. The Orphans' Court shall not, under pretext of incidental power or constructive authority, exercise any jurisdiction not exjjressly conferred by law ; but every judgment, decree, decision or order of the said courts may be enforced l)y attachment and sequestration, as aforesaid; and if the said judgment, decree, decision or order be for paying money, the property sequestered may, at the discretion of the court, be applied to the purpose for which such judgment, decree, de- cision or order was given. Letters of Administration. Art. 93, Sec. 14. Whenever any person hath died intestate, leaving in this State personal estate, letters of administration may forthwith be granted l>y the Orphans' Court of the county wherein was the jiarty's mansion-house or residence; or in case he had no mansion or residence within the State, letters shall be granted in the county where the party died; and in case the party neither had mansion or residence, nor died within this State, letters may be granted in the county wherein lies, or is supposed to lie. a considerable part of the jjarty's personal estate. Nevertheless, whenever any person dying, leaving in this State property subject to administration, the said letters of administration shall be granted in the county wherein was the mansion-house or residence of the deceased; Provided, he had such lying in said county, — 1865, ch. 162, Sec. 6. Concurrent Jurisdiction. Art. 93, Sec. 283. The Orphans' Courts of the State shall have con- current jurisdiction with the several Circuit Courts of this State, as Courts of Equity, with like powers to adopt rules and regulations, so as to authorize and direct the sales of real estate of intestates, where the appraised value of said real estate shall not exceed the sum of twenty-tive hundred dollars, and to confirm and ratify said sales in the same manner as such sales are confirmed and ratified by the several Circuit Courts of the State as Courts of Equity. — 1866, ch. 81. Trustee's Sale and Ratif cation, &c. Art. 93, Sec. 284. The Orphans' Courts shall have the authority to appoint a trustee to make such sales, which trustee may be the ad- ministrator, or any other person, in the discretion of the court, and who shall give bond with security, to be approved by the Orphans' Court or tlie Register of Wills, and proceed with such sale in the man- ner usu'dly practiced in the Courts of Equity in this State; and upon the ratification of such sale by the Orphans' Court and the payment in full of the purchase money, and not before, the said trustee shall proceed to convey the title of said intestate to said real estate in the same manner as trustees under the ajipointment of Circuit Courts are now authorized to do, and the said Orphans' Court may allow the same commissions to any trustee, so appointed, aS are now allowed to a trustee appointed to sell under a decree in equity ; Provided, that no- 154 REGISTERS OF WILLS. thing herein contained shall apply to any cases now pending in said courts.— 1868, ch. 336. Ouardian and Ward — Sales and Investments. Art. 93. Sec. 167. The Orphans' Court, if they shall think such sale advantageous to the ward, may order any guardian to sell lease- hold estates of his ward, and shall order the proceeds to be invested in Ijank stock or any other good security, in tlie name of the ward, and no sale, transfer or disposal of the said stock shall be made with- out the order of the court. The said court may also, if they shall tliink the same advantageous to the ward, order any guardian to lease any leasehold estates of the ward, for the whole or any part of the unexpired term, on such terms as may be deemed advantageous; Provided, that such agreement for a lease shall not have any eflect un- til reported to and a'pproved by the court, and the rents arising on each lease shall be accounted for as other property or income of the ward.— 1868, ch. 380. For appeals to the Court of Appeals, see ''Court of Appeals." Masters and Apprentices. By Article 6th of the Public General Laws, the Orphans' Court may" hear and determine all matters in disjnite between masters and apprentices; may grant releases to apprentices ; may rebind appren- tices that may be released for cause or otherwise, and shall have juris- diction in all matters jjertaining to masters and apprentices. The Orphans' Courts may also bind out as apprentices such children as are sutlering thiough the extreme indigence or poverty of their parents, the children of beggars, illegitimate children, and the children of per- sons out of the state where sufficient sustenance is not afforded.— Sec- tions 1 and 11. [The Orplians' Courts have other powers and duties prescribed by the Testamentary Laws of the state.] THE REGISTERS OF WILLS. COKSTITUTION. — ARTICLE IV. — PaRT V, SECTION 41. Tlie provisions of the Constitution, relating to the Registers of Wills, are as follows : Register of Wills — Term — Vacancy. Const. Art. 4, Sec. 41. There shall be a Register of Wills in each county of the State, and the cit} of Baltimore, to be elected by the legal and qualified voters of said counties and city, respectively, who shall hold liis othce for six years from the time of his election, and until his successor is elected and qualified: he shall be re-eligible, and subject at all times to removal for wilful ii'^glect of duty, or mis- demeanor in office, in the same manner that the clerks of the courts are removaljlc. In the event of any vacancy in the office of Register of Wills, said vacancy shall be filled l)y th.e Judges of the Orphans' Court, in which such vacancy occurs, until the next general elccticm for Delegates to the General Assembly, when a Register shall be elected to serve for six years thereafter. HEGISTEKS OF WILLS. ^■io Compensation of licr/isters. Const. Akt. 3, Sec. 4.1. l^rnvidcs that tlie amount of rompcTipntion to a Register of Wills in any of the counties sliiill not exceed the sum of three tliousand dollars a year, and in the city of Baltimore, thirty- tive hundred dollars a year, over and above ofhce expenses and com- ]iensation to assistants; and provides further, that such comijensatlon of Registers' assistants and office expenses shall always bejiaid out of the fees or receii:)ts of the oflice. Tie Vote or Contested Election. — In case of a tie vote at the election of .Judges, (,'lerks or Registers'of Wills, or any contested election, see Constitution, Article 4, Sec. 12. THE DUTIES OF REGISTERS OF WILLS UNDER THE GENERAL LAWS. The duties of the Register of Wills are prescribed by tlie Public Geneial Laws, Article 9-3, Sections 253 to 272, <&c., as follows: Register's Bond, $7,000. Sec. 253. The Register of Wills in eacli county, before he acts as such, shall give bond with two good and sufficient securities in the pcnnl sum of seven thousand dollars, payable to tliis State, conditioned lor the faithful performance of his said office of Register of Wills, which bond shall be taken and securities approved by the Judges of the Orphans' Court and recorded in the office of the clerk of the C'ircuit Court for the county in which the party so executing the bond shall live, or the Superior Court of Baltimore city, if Register of said city; and every Register shall renew his bond on or before the 31st day of December, in every second year. — 1801, ch. 83. In Default of Oivina Bond, $1,000 Penalty. Sec. 254. On default of any R^^ffister of Wills to execute the bond required by the preceding section, within the time therein prescribed, such defaulter shall be sul)ject to a penalty of one thousand dollars, to 1)0 recovered by indictment, in the name of the State, in the Circuit ( 'ourt of the county in which such officer shall reside, or if he reside in the city of Baltimore, to be recovered by indictment in the Crimi- nal Court of Baltimore. Copy of Bond Sent to Qorernor. Sec. 255. It shall be the duty of each Register of Wills to transmit to the Governor, on the first Monday of October next after the execu- tion of said bond, a certified coj^y of the bond executed by him. Duties of the Register. Sec. 256. Each Register shall diligentlv attend each meeting of the Orphans' Court in his county or city, and vmder their direction make iiiU and fair entries of their proceedings, and also make a lair record in a strong bound book or books, of all vi'ills proved before him or tiie said court, or authenticated according to law, and of all other matters by law directed to be recorded in tlie said court, or in his ollice ; he shall make out and issue every summons, process, or order (if the court, and shall, in every respect, act under their control and 156 hegisteks of wills. direction, as the clerk of a court of law is under the direction of the said court of law ; and he sliall give out and certify under the seal of the court, any copy of any jiart of the proceedings in the court, or in his office, which any person may demand, and he shall be entitled to a reward for any service by him done, according to the table of tees now or hereafter settled by law. To Attend His Office Daily. Sec. 257. He shall attend his office daily in person or by deputy unless prevented by sickness, accident- or necessi^-y, for the dispatch of office business; he shall lodge every orignal pajjer and record by him made uji, in son^e repository of the court house of the county or city, or in such other place of safety as the said court may appoint, and the County Commissioners of the county, or Mayor and City Coun- cil of Baltimore, shall 2)rovide and keej) in rej^air the said repositorA" at the county's charge. Duties in the Recess. Sec. 258. He may, in the recess of the Orphans'' Court, receive in- ventories and accounts of sales, examine vouchers, and state guardians and administrators' accounts, subject to the review of and tinal pas- sage or rejection by the Orjihans' Court. May Take Probate of Accounts. Sec. 259. He may take probate of accounts against deceased per- sons' estates, that are proper to be brought before him, or before i\\v Oii^hans' Court, for passage or settlement. May Pass Claims, t£-c., liot Over' $50. Sec. 260. He may, in the recess of the Orphans' Court, pass any account against the estate of any deceased person, where the amount of such account or claim doth nrt exceed the sum of tifty dollars ; and shall keep a record of every claim passed by him, in the same manner as of claims passed by the Orphans' Court. May Take Probate of Wills during Recess. Sec. 261. He may, during the recess of the Orphans' Court, take the probate of wills, and grant letters testamentary or of administration. Penalty of $100 for Accepting Gifts, dc. Sec. 262. He shall not demand, take or receive from any person whatsoever, any fee, gratuity, gift, or reward, for giving his advice in any matter or thing relative to his office, under the penalty of one hundred dollars. Same Penalty for Receiving Reirai'd for Other Services. Sec. 263. He shall not plead as an attorney in any court in tlit- county wliere he is register, for any person, on any pretence what- soever ; and shall not exact, extort, demand, take, uccejjt or receive from any i)ers()n whatsoever, any fee, gratuity, gift or reward, for giv- ing his advice in any matter or thing that will be transacted in the courts of the county where he is Register, under the penalty of one hundred dollars for each ofl'ence. [Sections 264 and 265 relate to Free Negroes, &c., and are obsolete] KEOISTER8 OF WILLS. 157 Register to Act as Auditor under Penalty. Sko. 266. In all cases where a Register of Wills has been appointed aiuiitor for the purpose of asct-Ttaiiiing the sum for which juilgnient shtill be rendered against any executor or administrator, it sliall be^ his duty to act in virtue of such appointment, under the penalty of tifty ddllars for every such nesrlect; and in all cases where a person O'her than the Register of 'Wilis hath been appointed as aforesaid, who shall re*"use t'> act, the Register of Wills shall be ajipoiiited auditor in the place of the person refusing, and shall iorthwith proceed to dis- charge the duties thereof, under the ponalty above mentioned. And the said register, and every other person who shall act as auditor, shall be allowed feen entered to the Clerk of the Circuit Court of the county in which such Justice resides, or to the Clerk of the Court of Common JUSTICES OF THE PEACE. 163 Picas in cnse such Justice resides within the city of Raltimore, with- in tliirty days after such resignation, removal from office or expiration of ofRcial term ; and any Justice of the Peace who shall fail to deliver his docket as ajj^reed (in case tlie said docket shall not have been un- avoidalily lost or destroyed) shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to a tine of two hundred dollars or to six months imprisonment in the jail of the county or city, at the discretion of the court. — 18(i4, ch. 171). In Case of Death of Jmtice, Administratoi' Respy Scire Facias. Sec. 34. Where any judgment rendered by a Justice of the Peace, or any supersedeas on such judgment, shall have continued for more than three years without being satisfied, the same may be revived by a scire facias, returnable on a certain day not exceeding' forty days from the issuing thereof; and scire facias may be issued by a Justice when either of the jjarties die or marry after a judgment has been rendered by a Justice. Any Justice may Issue Scire Facias. Sec. 35. Such scire facias may ])e issued by any Justice of the Peace of the county or city where the judgment was rendered, either on the original judgment or upon an authenticated copy thereof, and shall be returnable before the Justice issuing the same, or before any other Justice who may be named therein. Justice to Require Bond before Issvinrt Replevin. Sec. 36. Before issuing a replevin, the Justice shall require and take from the party demanding such writ, a bond to the partv hold- ing the property, with one or more securities, whom the said Justice shall, in his conscience, believe to be worth double the value of the specitic articles of property intended to be replevied ; with condition that if the above bound do and shall well and truly prosecute the said writ of replevin with cflect, and also shall and will return the goods and chattels afore-aid, if tlie same be adjudged, and in all things abide by and perform the judgment of the said Justice, or of such other Justice of the Peace in and for the said county as shall decide in the premises, then tlie said ol^ligation to be void, else to be and remain in full force and virtue in law. The Plaintiff may Give the Bond. Sec. 37. The plaintiff suing out a rejilevin, or any other person on his behalf, may give the bond required by the preceding section; but the securities, in all cases, ought to be ample. When the Ca^e may he Tried Ex Parte. Sec. 38. If the summons in replevin shall be returned served, and the defendant shall fail to apjjear, the Justice shall fix a dav of trial, not less than six nor more than Iburteen days from tlie return rlay, :ind sliall i)roceed to try such replevin ex ])arte on the dav so fixed if tlie defenriiint docs not appear; or if the summons is returned non est, the Justice sh--dl renew the same, returnable not less than ten days from the issuing thereof, and if such renewed summons be returned non est. the Justice shall jjrocecd as if the defendant had been returned sum- moned and had failed to ajjpear. Attachment Against Absconding B/'btors. Sec. :50. Any jjcrson making the amihivit. and exhibitincr the proofs and vouchers necessary to authorize au attachment to be Tssued from JUSTICES OF THE PEACE, 167 tlie Circuit Court against a non resilient or al>scnnfliric: debtor, may have an attacliinent issued by a. Justice of tlie Pe.ice against such debtor, if the cause of action does not exceed one hundred dollars. W/icn Attachment is Returnable, Sec. 40. Such attachment shall be returnable before the Justice who issued the same, ujxm a day certain to be named therein, not less than twenty nor more than thirty days from the date of the issuing thereof. Notice to ie set up in Public Places. Sec. 41. The jilaintifF, at the time of issuing the attachment, shall give notice by setting up at three or more of the most j)ublic places in the election district or ward in which such attachnuiit may issue, at least ten davs before the return dav thereof, an allidavit of the truth of his claim, together with a copy of such claim, and also a cojiy oi such attachment. If Garnishee Submits Property^ cfec, Condemned. Sec. 42. If the defendant, or the garnishee in whose hands property may be attached, shall not show cause to the contrary, the Justice may condemn such property ; Provided, he 's satisfied by the oath of the plaintiff, or by other proof, that the notice required above has been given. In Attachments, hefoi'e Execution, Bond to le given. Sec. 43. The plaintiff, in an attachment, before execution on any judgment of condemnation shall be issued, shall give bond to the de- fendant in such penalty as the Justice of the Peace shall direct, not less than double the amount of the judgment of condemnation, with good and suflicient security, to be a])proved by the said Justice, and conditioned to make restitution of the proiDerty so condemned, or the value thereof; and to pay such damages as may be awarded to the defendant, if the defendant shall at any time within twelve months and a day from the date of issuing the attachment, appear either in person or by his agent, before the Justice issuing such attachment, or before some other Justice of the same county, and make it appear that the plaintifi' has satisfied the said debt, or show that it ought not to be paid, or that the said defendant was not indebted to the plaintiff at the time of issuing said attachment. lUghts of Garnishee. Sec 44. A garnishee, in whose hands any such attachment is laid, shall have the same rights and be subject to the same liabilities as if such attachment had issued from the Circuit Court ; but to avail him- self of his rights he must appear at the re*^urn of the attaclnnent, and he shall not have the four days thereafter for his appearance allowed in the Circuit Court. Supersedeas and E.vccntion. Sec. 45. No execution shall issue upon any judgment or decree ob- tained in any court of record of this state ; Provided, the defendant therein shall come before a Justice of the Peace of the county where such judgment or decree was rendered, within two months after the rendition of such judgment or decree, and together with two other persons, such as the said Justice shall approve of, confess judgment 168 JUSTICES OF THE PEACE. for his debt and costs of suit, adjudr.'-od or decreed, with stay of ex- ecution for six months thereafter; wliich confession shall be m^de in manner and form following, that is to say: "You, , do confess judgment to , for the svun of and costs, which were re- covered Ijy tlie said , against , on the day of ^ in" the court; the said to be levied of your soods or chattels, lands or tenements, for the u?e of the said in case the said shall not pay and satisfy to the said , so as afor'^said recovered against him, with t'ne additional costs thereon, on the day of next." Vv'hich confession sliall be signed l)y the Justice before whom tlie san\e is made, and forthwith returned to the clerk of the court in v>'hich the judgment or decree was render- ed, who shall record the same; if the judgment was rendered in the Court of Appeals, the confession aforesaid may be made belore a Jus- tice of the Peace in the county or city where the defendant resides. Execution may Tje Superseded within Two Months. Sec. 46. The plaintiff in any judgment or decree may issue execu- tion thereon, at anytime within two months after the rendition of the same, or after expiration of the stay which may be entered thereon, unless tlie defendant shall supersede the same as provided in the pre- ceding section; but if the defendant shall supcsede as aforesaid, within the two months, it shall stay any execution previously issued, and the sheriff shall not proceed on such execution, if the defendant shows him a certificate of the Justice that the judgment has been su- perseded, the defendant paying the cost of the execution. Stay of Execution Computed. Sec. 47. The stay of execution on a supersedeas taken under the preceding sections, shall be com])uted from the date of the super- sedeas, but where a judgment has been confessed in the Circuit Court, at the second term tliereof, with stay of execution till the next term, the stay of execution by supersedeas on such judgment shall be com- puted li-om the first Thursday of the term next ensuing the said sec- ond term; and when the judgment of a Justice of the Peace is super- seded, the stay of execution shall be computed from the date of the judgment, and not from the date of the supersedeas. Adtninistrators may Supersede Judgments. Skc. 48. Administrators may supersede judgments rendered against them in the same manner that other perstms may, but by doing so an administrator renders himself liable for the amount of the judgment and costs. Si'j^ersedeas not Invalidated for Want of Form. Sf.c. 49. If the form of a supersedeas above given be not precisely followed, it shall not invalidate the supersedeas; Provided, it is in substance and meaning similar to said form. Defendant may Confess Judgment with Stay of Execution. Sec. 50. No execution shall issue on any judgment rendered l)y a Justice of the Peace, if the defendant therein, within two months after the rendition of such judgment, shall go iK'fore the Justice ol the Peace who rendered the same, together witii security such as the Justice shall approve, and confess judgment for the debt and costs of suit ud- JU8TICKS OF THE PEACE. 169 judged, with stay of execution fir six months if the amount of the judn the judgment, in this form or to this eli'ect, "superseded by A. B. and C. D. as the case may be, this — day of for months," wIulIi shall be as valid as if the confession had been written out at length in the form here.n- before given. Security shall Sign his Name, d:c. Sec. 54. Every security in a supersedeas of a judgment rendered by a Justice of the Peace shall sign the same ; or if he cannot write, make his mark: and no such supersedeas sliall be valid against any security unless his signature or mark shall have been affixed thereto and attested by the Justice. Wlie/i a Constable is not to Proceed on an Execution. Sec. 55. An execution may be issued by a Justice of the Peace pre- vious to the supersedeas of the judgment, but the constable or sherifl' shall not proceed on said executi(m if a certiticate that the judgment has been superseded be shown to him, the defendant paying the costs of execution. Securities Discharged after Four Years. Sec. 56. No execution or scire facias shall issue again«t the securi- ties on any supersedeas taken on a judgment rendered by a Justice of the Peace, after the expiration of four years from th« date of said su- persedeas; and after the lapse of the said four years such securities shall be discharged. When Supersedeas is a Lien upon Lands. Sec. 57. A confession of judgment by way of supersedeas of a judg- ment or decree in a court of record shall be a lien on the lands of the persons therein named, trom the time such supersedeas is filed with the clerk of the court, in the same manner as judgments rendered in any coui't of law. Not to Defeat Lien of the Original Judgment. Sec. 58. The confe?<;ion of a iudgment ])y way of supersedeas shall not defeat the lien of the ijrigiual judgment. 170 JUSTICES OP THE PEACE. May Issue Execution on Judgment or Supersedeas, &e. Sec. 59. Any Justice of the Peace may issue an execution or any other process on any judgment rendered by a .Justice of the Peace of his county, or on any supersedeas taken on such judgment, after the stay expires, either on the original judgment or on a copy thereof from the docket of another Justice. Attaehnent ly Way of Execution. Sec. 60. Any Justice of the Peace may issue an attachment by way of execution in any case where he is authorized to issue a fieri facias. May Issue Execution, <£-c., on Short Copy, d-c. Sec. 61. Any Justice may issue execution or any other process on a short copy of a judgment rendered by a Justice of any other county or city in tliis State; Provided, said short copy be certified by the clerk of the Circuit Court where the judgment was rendered, under the seal of his office ; and if such judgment was rendered in the city of Baltimore, the same be certified as aforesaid by the clerk of the Superior Court. In Case a Justice of the Peace Dies, &c. Sec. 62. If any Justice of the Peace shall die, or shall cease to act as such from any other cause, any Justice of the Peace in the same county shall have the same power to receive returns of writs or pro- cess, to issue anv writ or process, and terson to execute and deliver the deed to the i^urchaser, or his legal representatives, for the lands and tenements so sold, and such deed, if the sale has been confirmed by tlie court, shall be as valid as if executed by the Constable who made the sale. CONSTABLES. 179 If Constable Dks Before Selling Property^ &e. Sec. 17. If a Constable shall die without havinfic made sale of prop- erty taken in execution, his executor or administrator shall not re- ceive more than one-half the usual poundage fees, and the Constable who makes sale of such goods shall not receive more than one-half the usual poundage fees. Suits on Constables'' Bonds. Sec. 18. Where a Constable is defaulted for any sum or sums of money, or has collected any sums of money, and refuses or neglects to pay the same to the person entitled thereto, and the sum does not ex- ceed one hundred dollars, the person to whom tho same is clue may apply to any justice of the county or city, who shall issue his sum- mons against the Constal:)le and his securities, in the usual form, and upon trial, may give judgment for the amount due and costs against the Constable and his securities in the same manner as if the securi- ties were bound in a joint and several note with the Constable, from which judgment there shall be the same right of appeal and sujierse- deas as in other cases. Evidence of ConstabUs' Secunties. Sec. 19. A certificate from the clerk of the Circu't Court for the county, or the Superior Court of Baltimore city, stating who are the securities of a Constable, and the time when they becime such, shall be sufficient evidence of the fact, and it shall not be necessary to pro- duce a full copy of the bond. Constables' Receipt Given the Creditor., to he Sufficient Evidence., &c. Sec. 20. In all suits by a creditor upon the l)ond of a Constable for any neglect of duty, or default in not prosecuting and recovering money upon any claim placed in his hands for collection according to law, or for a breach of duty in not jiaying over money collected by him upon any such claim, the receipt of such Constable to the creditor or his agent for the claim for collection, or proof that he received it for collection according to law, shall be sufficient prima facie evidence to entitle the plaintiff' to recover in such suit, unless the defendant shall prove that the Constable has discharged his duty in such case according to law. Bond in Force unless Prevented from Recovering the Money, <&c. Sec. 21. The bond of the Constable which shall be in force at the time he shall receive claims for collection, shall be liable to be sued and recovered upon, in cases under the last preceding section, unless it shall a])pear in proof that after using reasonable diligence he was prevented ii'om recovering the money from the defendant, by a super- sedeas of the judgment recovered against him, or an injunction or certiorari, or unless the powers of the Constable shall cease l)ef()ro he could by execution, and the use of proper diligence, recover such claim. A}iy Other Bond of Constable Lidble for Neglect, &g. Sec. 22. The last preceding Section shall not preclude any creditor from instil uting suit upon any other bond of the Constable, if neglect, default or breach of duty shall arise under or during the official action of the Constable under such bond. 180 CONSTABLES. Any Justice may Issti^ Against the Constable, &c. Sec. 23. Where any Constable shall receive money and shall fail to pay the same to the party to whom due, or to his executors, adminis- trators or assigns, any Justice on application of the party, his execu- tors, administrators or assigns, may issue a summons against the Con- stable for the n;oney by him receivevi, and may direct said summons to any Constable or other person willing to serve the same, and on re- turn of such summons the Justice shall proceed as in other cases. Constable not Allmced a Supersedeas. Sec. 24. Upon a judgment rendered under the last preceding Sec- tion, the Constable shall not be allowed a supersedeas, but execution may issue forthwith. Constable Sicorn to Grand Jury. Sec. 25. Each Constable shall be sworn up at every Circuit Court of the county, or Criminal Court of Baltimore, to the Grand Jury. To Visit Gaming Tables and Riport Them. Sec. 26. They shall visit all places within their respective cities or counties where it is suspected gaming tables are kept, and give in- formatir-n of all violations of law to the next Circuit Court or Crimi- nal Court of their county or city. To Require Certain Persons to Produce License. Sec. 27. They shall require any person carrying goods from place to place for sale, to produce a license, and in case of refusal or neglect to produce the same, shall carry sucli person bef^>re a Justice, who shall take recognizance from him with security to appear at the next Circuit Court of the county or Criminal Court of Baltimore city. To Require Non- Residents Selling Liquors to Prodxux License. Sec. 28. They shall make strict inquiry, and call on all person? who do not reside in tlieir respective counties or city, and who arc retailing spirituous liquors, for their license, and ui)on their refusal to produce the same, shall give information to some Justice of the Peace, under the penalty of ten dollars, to be recovered before a Justice oi the Peace. Shall Inspect Retailer^s Measures. Sec. 29. Every Constable shall, upon complaint, enter into the house of any retailer, and there call for and inspect the measures used by such retailer. Sections 31, 32 and 33, relate to meetings of negroes and slaves, and are obsolete. Constcdjle to Deliver Committed Persons to Sheriff at Jail. Sec. 34. Every Constable shaU deliver to the Sheriff at the jail any person who may be committefl to his custody for tliat pur])ose by a Justice of the Peace or other ollicer having the power to commit. See Justices of the Peace, page 171, sec. 68. CONSTABLES. 181 FEES OF CONSTABLES. The Public General Laws, Article 38, Sections 12 and 13, as ])er Acts of 1865, cliapter 07, and 1872, chapter 424, prescribe the lees ol Constables, &c., as follows : ConstaNes' Fees. Akt. 88, Skc. 12. The several Constal)les in this State shall be en- titled to demand and receive the following fees: For serving state warrant and return, % 75 For serving a search warrant, 75 For serving summons in civil suit and return, 45 For serving summons for witness, each witness, 20 For serving scire facias and return, 40 For levying fieri facias and return, 20 For delivering a person committed over to jailor, 75 and five cents per mile for every mile he may have to travel, and the actual necessary traveling expenses of each prisoner. For summoning jury in inquest, each juror, 15 For levying attachments for contempt, 75 For serving writ of replevin and return, 45 For serving warrant of distraint, 25 For summoning and swearing appraisers on distress for rent, and on replevin, each appraiser, 25 For serving an attachment in the hands of each garnishee, 50 For killing dog found killing sheep, to be paid by the owner of 1 he dog, 4 00 For poundage fees on any distraint, replevin, attachment or fieri facias, 8 per cent, on the first |25 and 3 per cent, on the residue, but if the defendant shall supersede the judgment on which the execution or attachment shall have been issued within four days after the same shall have been levied or served, the Constable shall only be entitled to receive one-half of said poundage fees. For arresting any person charged with a misdemeanor, for en- tering any enclosure and destroying property therein, in the limits of the city of Baltimore, or within four miles thereof, 1 00 Sec. 13. The county commissioners in the several counties and the Mayor and City Council of Baltimore shall levy on the assessable property of their respective counties, or the said city, the amount of fees that the Constables of the several counties or the said city are en- titled to receive for executing criminal business ; Provided, that no- thing contained in this section shall exempt any criminal from pay- ing the cost of his arrest if he shall be of sufiicient ability to do so. All Public Local Laws relative to the fees of Constables are hereby repealed. 183 SHERIFFS. THE SHERIFF S. Constitution, Art. IV, Sec. 44, and Art. 15, Sec. 8. The provisions of the Constitution relating to Sheriffs are contained in Article 4, Section 44, &c., as follows : Election — Qualification — Term — Bond — Vacancy. Sec. 44. There shall be elected in each county, and in the city of Baltimore, in every second year, one person, resident in said county or city, above the age of twenty-five years and at least five years preceding his election, a citizen of this State, to the office of Sheriflf. He shall hold his office for two years, and until his successor is duly elected and qualified ; shall be ineligible for two years thereafter, shall give s^uch bond, exercise such powers, and perform such duties as now are, or may hereafter be fixed by law. In case of a vacancy hj death, resig- nation, refusal to serve, or neglect to qualify, or give bond, or by disqualification, or removal from the county or city, the Governor shall appoint a person to be Sheriff for the remainder of the official term. Sheriff to give Notice of Elections. Art. 15, Sec. 8. The Sheriffs of the several counties of this State and of the city of Baltimore, shall give notice of the several elections authorized by this Constitution, in the manner i^rescribed by existing laws for elections to be held in this State, until said laws shall be changed. SHERIFFS' DUTIES UNDER GENERAL LAWS. The duties of the Sheriff under Article 88, of the Public General Laws, are as follows : Shall take Oath within TMrty Days. Art. 88, Sec. 1. Every Sheriff elected shall, within thirty days after his commission has been received by the clerk of his county or city, make the declaration of religious belief required by the Constitution, and also take the oaths therein prescribed before such clerks. Shall give Bond in $25,000. Sec 2. He shall also, before he acts as such, give bond to the State of Maryland in the penalty of twenty-five thousand dollars, with se- curity to l)e ajjproved by two .ludges of the Orphans' Court, or the Judge of the Circuit Court for his county, if he be elected for a coun- ty, or any two .ludges of the Orphans' Court of Baltimore city, or the Judge of the Superior Court of Baltimore city, if he be elected for said city, with conditicm that he shall well and fdthf'ully execute the office of Sheritf of county, ur the city of Baltimore, in all things appertaining thereto, and shall well and truly perform all the duties required ijy law to be by him performed. Shall giiH' Jioml each Year, Sec. B. He shall give such bond in each year of his sheriflfiilty before the tir-^t day oiManuary in cacli year: and the ijond shall be recorded by ihe clerk adniinihlering the oath oi office. SUEKIFF3. 183 On Failure to Bond — Governor to Appoint a Successor, &c. Sec. 4. If any Sheritt'in office, ])ri<)r to the first clay of any January last i)ast. shall have failed at any time heretofore to trive and ofler for record the Ijond in the pfeceding section, required within ninety days after the said first day of January hist ])ast of his sheriffalty, it shall be the duty of the Clerks of the Circuit Courts of the respective coun- ties, or of the Clerk of the Su])crinr Court of Baltimore city, as the case may be, to give notice forthwith of such failure to the Governor of the State, whose duty it shall be at once to require the Attorney General to institute the ])roper i:)r()ccedings to vacate the office of said Sheriff", and upon said vacation, to appoint a successor until the next general election. If the bond hereinbefore required should be filed within the ninety days hereinbefore named, but subsequent to the first day of January in any year, it shall, in addition to tlie jjrovisions hereinl)efore required, be so conditioned as to make the ol)ligors in such bond resjjonsible also for all official acts of said Sheriff", commit- ted or done by him from the said first day of January up to the date of the filing of the said bond, as well as thereafter. — 1867, ch. 314. Special Oath Relating to Jurors. Sec. 5. Before acting as Sheriff", he shall also, under the penalty of fifty dollars, take the following oath : "I, A. B., do swear, that in summoning jurors for any purpose, I will use my utmost diligence to summon and return as jnrors sober, intelligent and judicious persons, of good reputation and character for honesty and impartiality, to serve as jurors; and that I will not smnmon, (or permit any officer under me,) to summon any juror who in my judgment will be influenced in determining any of the matters which sliall come before him as a juror, by hatred, malice or ill-will, fear, favor or afi'ection, or by any i)artial- ity whatever, and that I will not summon or re*-urn as a juror any person who, in my opinion, or to my knowledge, may have solicited to be returned on the panel of jurors, or may have been recommended or requested to be returned by another person." The above oath shall be taken before the clerk, and be by him recorded. Oath in Open Court. Sec. 6. On the return of jurors to each term of the court to which the same may be returned, the Sheriff" shall take in open court an oath, in the precise form of the oath prescribed in the preceding section, except substituting the words "I have not summoned" for "I w'ill not." In Case of Illness, <&c. Sec. 7. The oath mentioned m the last preceding section may be made by the Shcriflf before the clei-k at the time he makes his return of jurors, instead of making it in open court, in cases where the Sheriff" cannot possibly attend the court by reason of sickness or other causes, and in no other cases. Serving Writs and Process. Sec. 8. All writs and ])rocess shall be directed to the Sheriff", unless he is disqualified, or unless where by law the writ or process may be directed to another officer. According to Command. Sec. 9. He shall serve and return all writs and process directed to him, according to the command contained therein. 184 SHEKIFFS, May Re-arrest any Person. Sec. 10. He may re-arrest any person that he has before arrested on a capias or attachment, and permitted to go at hirge; and such sec- ond arrest shall lie as available as if the par^y had been detained un- der the first ; Provided, such second arrest be made before or during the session of the court to which the writ is returnable. May take a Bail Bond. Sec. 11. He or his deputy, when he arrests a person on a writ for any criminal offence not punishable by confinement in the peniten- tiary, may take a bail bond from the person so arrested, with securitj' to be by him approved, and in a penalty not exceeding three hundred dollars, with condition that the person so arrested shall appear in court on the day the said writ is returnable, and attend the court from day to day, and not depart therefrom without the leave of the said court ; and if the person so arrested cannot give bail bond, he shall be taken before a Justice of the Peace, to be dealt with according to law. Hoio TaTcen and Returned. Sec. 12. Such bail bond shall be taken in the name of the State, and shall be returned to the court to which such writ is returnable, on the first day thereof Upon Failure to Produce any Person, dc, Sheriff Amerced. Sec. 13. When a Sheriff shall return any person arrested upon crim- inal process, either mesne or final, and shall fail to bring such person into court, and shall be amerced, the court may, in the name of the State, for the use of the State, or such person as may be interested, on motiim of the State's Attorney, direct judgment to be entered against such Sheriff for the sum ibr which he shnll have been amerced ; or for the fine, penalty or forfeiture, and costs ibr which judgment may have been entered against the person so arrested, which judgment shall have the same effect as if rendered on verdict. Duty of the Court. Skc. 14. The court, in imposing such amercements, shall govern themselves by such principles as under all circumstances shall ajipear to them to be reasonable, taking care to keej) the public indemnified from all costs and charges. Sheriff Amerced on Failure to Return Writ, &c. Sec. 15. If any Sheriff shall fail to return an original writ within the lime limited by rule of the court for that purpose, the court, on motion, shall amerce the Sheriff to the amount ot the debt or damages and costs due from the defendant, to be ascertained by the oath of the plaintifi', his agent or attorney, and such other proof as the court may recjuire, and shull enter judgment nisi the second day of the next term lliereafttr, Inr tiie amount of the amercement aforesaid, in the name of the jjlaintitt' against sucli Sheriff"; which judgment shall have the same effect as if rendered upon verdict. On Failure to Return Execution, Judgment Entered Against Sheriff. Sec. 1G. If any Sheriff shall fail to make return of a writ of execu- tion within the time limited l)y rule of court for that purpose, the court may cause judgment to be entered in the n:»me of the plaintiff. SHERIFFS. lyS against such Sheriff, for the amount of the judgment recited in such execution, wliich judgment sliall have the same et!ect as a judgment rendered on verdict. Unless said Wint teas not Iteceived by Him, &c. Sec. 17. The court, on motion, shall order a Sheriff to make return of any original writ, or writ of execution, unless such Sheriff shall sat- isfy tiie court by his oath or otherwise, that the said writ was not re- ceived by him, or to his knowledge by any of his deputies. If Sheriff Pay Plaintiff lie may Issue Execution in his own Name. Sec. 18. If a Sheriff shall pay to the plaintiff any judgment render- ed against him as aforesaid, he shall thereupon be entitled to the orig" inal cause of action, or the judgment, as fully as the plaintiff was? and may issue any execution in his own name, or in the name of the plaintiff, on such judgment for his own use, or prosecute such action to judgment and execution for his own use; and shall be entitled to every other l)enpfit and advantage from such judgment or cause of ac- tion and suit thereon depending, that the original plaintitY might have had thereon. When Writs from another County are Returnable — Fine Fifty Dollars. Sec. 19. The Sheriff shall serve and return all writs and process which may be sent from another county or city and delivered to him, to the court to which the same is returnal)le, on or before the second day of the session of such court; and if he neglect or fail to do so, it shall be considered a contempt of the court, and such Sheriff", for such contempt, shall forfeit and pay a fine not exceeding $50. Cou)t Imposing Fine to Certify the Same, d-c. Sec. 20. The court imposing the fine for the contempt mentioned in the last preceding section, shall certify the same to the Circuit Court of the county wliere the Sheriff resides ; or if he resides in the city of Baltimore, to the Superior Court of Baltimore city ; and upon the receipt of such certificate by the court to w'hich it may be sent, the said court shall forthwith compel the payment of the same in the same manner as if the tine had been irajiosed Vjy such court. 3Iay Etturn Writs, &c. by Mail. Sec. 21. The Sheriff may return any writ or otlier process sent from another county or city, to the clerk of the court to w'hich the same may be returnable, by mail, in a cover sealed up and duly addressed; but the non-return of such process by time hereinbefore limited, shall not be exc'sed l)y any evidence which such Sheriff may offer, to p'-ove that such writ or process was deposited in the post office to be so transmitted, except the jiositive affidavit in writing of the said Sher- iff himself, setting forth substantially the process so transmitted, the return endorsed thereon, the nuinner in which the same was covered and addressed, and the actual time when the same was deposited in the post office. Court if Satisfied, may Remit the Fine. Sec. 22. If the court before which said Sheriff shall be brought for contcm])t, sliall be satisfied of the facts contained in such affidavit, and that such process was deposited in the proper post office in due time, to be transmitted to the court to which the same was returnable, 186 SHERIFFS. the said court may remit the fine aforesaid, and discharge the sheriff from tlie attachment, on payment of the costs arising from the proceed- ings had in consequence of the non-return of the writ or process; and the court shall direct the atfidavit to be tiled, and their judgment in relation thereto to be entered on the record of their proceedings; but nothing herein contained shall, in any manner, afiect the remedy given the party grieved by the next succeeding section, for the neglect or delay of the Sherifi' in not making a due return of said process. Sheriff Neglecting to Return any Process from another County, Fined $200. Sec. 23. When any proces«! shall be issued from any Circuit Court of a county, or the Court of Cnmmon Pleas, or the Superior Court of Baltimore city, or the Circuit or City Court of Baltimore city, directed to the Sheriff of another county or the said city, and the Slieritl'to whom the same shall be directed shall neglect to make due return thereof to the court to which such process may be made returnable, such court may on motion and on jjroof of the delivery of such process to said Sherifl', amerce said Sherifl" in a sum not exceeding two hundred dol- lars, and enter judgment against him for the amercement so imposed, in the name of the State, but for the use of the i-)arty aggrieved by the neglect of said Sherill"; which judgment shall be as valid as if ren- dered \i\wn verdict, and the party for whose use the same shall have been entered, may sue out execution thereon. Sheriff^s Executor to Return Process in Case of Death. Sec. 24. If any Sheriff shall die either before or after the expiration of his term of service, having in his hands any writ or j^rocess exe- cuted or unexecuted, or in part executed, his executor shall forthwith return the same to the cleik or register of the court out of which it issued, togcilier with all papers, (if any,) showing the proceedings of such Sheriff in virtue thereof HoiD such Process may he Issued hy Clerics, &c. Sec. 25. On application by the person for whose use such process may have issued, the clerk or register shall issue such process as he might have issued if the return had been made by the deceased Sheriff ; and the same may be issued before or after the return day named in the process in the hands of such deceased Sheriff; or if the executor shall neglect or refuse to make the return as afuresaid, the I)hiiiitill" may issue a duplicate or new writ, as provided in the follow- ing section : If Sheriff Moves Out of the County, &c. Sec. 26. If any Sheriff hath taken into possession, any goods or chat- tels, lauds or tenements, by virtue of any writ of execution, and shall remove out of the county or city wherein he acted as Sheriff before the return day of such execution, or without having made any return therecjf, the plaintiff or his representative, befi)re the return day, may obtain a duplicate of such writ of execution, or after the return day a new writ of execution directed to the Sheriff or some coroner of the county or city, lor the time l)eing, as the case may re(juire; under which duplicate or new writ of execution, such Sheriff or coroner may seize, and take into his possession, the goods or chattels, lands SHERIFFS. 187 or tenements seized and taken by the removed Sheriff, and sell the same as in other executions, and shall be entitled to the whole ptnuid- asre fees, to the exclusion of the SlierifTso removing. When Jxulge May Order Srhedtile, <&c. Amended, &e. Sec. 27. If any Sheriff has taken any goods, chattels, lands, or ten- ements, in virtue of any execution, and shall die, resign or remove from the county before the same are sold, and the goods, chattels, lands or tenements, shall be insutllcicntly or ir.formally descril)ed in the schedule returned by such Sheriff, the court fi'om which such exe- cution issued, or the judge thereof during the recess, shall order the schedule and return of any such Sheriff to be amended so as to de- scribe -with sufficient certainty the property purporting to be taken in virtue of such writ. If Sheriff Dies Without Executing a Deed, &c. Sec. 28. If any Sheriff shall make sale of any lands or tenements, and shall die without executing a deed of conveyance to the pur- chaser, the court out of which the execution issued, under which the lands were sold, may, on the application of the purchaser or his legal representative, order and direct the Sheriff for the time being, or some one of the coroners, (as the case may be.) of the county or city in which the lands or tenements lie, to execute a deed of ccniveyance to the purchaser, or his legal representative; this to apply to all officers making sales under executions. Deeds for Lands, rf-c. Sold Under Execution 'by a Justice. Sec. 29. Any deed made by a Sheriff, for any lands, or any estate, or interest therein sold l)y him under an execution, issued by a .Justice of the Peace, shall have the same effect as a deed made by a constable under similar circumstances. Venditioni Exponas Issued in Certain Cases. Sec. 30. If any Sheriff shall have taken property in execution and shall fail to make sale thereof for live years, or shall be in insolvent circumstances, the person for whose use such execution was issupd may. in either case, have a venditioni exponas issued to the Sheriff for the time being. To Execute the Sentence of Death. Sec. 31. The Sheriff shall execute the sentence of death pronounced against any criminal by the judgment of any court of this State, when- ever he is authorized to do so by the warrant of the Governor. To Remove Persons to the Penitentiary. Sec. 32. Every person convicted in any court of this State, and sen- tenced to undergo a conlincnient in the penitentian, shall, as soon as possible after conviction, be safely removed by the Sheriff of the county where such conviction took place, and at the expense of such county, to the penitentiary ; and every Sheriff failing to comply with the provisions of this section, shall forfeit one thousand dollars. Proceedings on Executions Against the Stock and Transferable Debts of Corporations. Sec. 33. Any interest which any defendant in a judgment or decree rendered by a court of law or equity, has in the capital, joint stock, 188 SHEKIFFS. or debts of a corporation, transferable on its books, shall be liable to execution or att:ichment, and the same proceedings shall be had as in other cases, except where they are varied by the following sections : Sheriff to Leave Notice in Writing. Sec. 34. The Sheriff or other officer, upon being instructed to levy such writ on any such stock or debt, shall deliver to tlie president or chief officer, or leave at the place of business of such corporation, a notice in writing, sta' ing that he has seized the stock or debt of the defendant, (naming him,) and the purpose for whicli he has seized it, and shall retain a copy of such notice and return it with the writ. May Require the Corporation to Certify to DefendanVs Stock, &e. Sec. 35. Upon th'^ service of such notice, the Slieriff may require the president or any otlier officer of the corporation, to certify to him, in writing, the number of shares of tlie stock, and the amount of transfer- able debt on its books standing in the name of th» defendant at the time of said notice, and if any president or o*^her officer so required, shall refuse or neglect for twenty-four hours to deliver such a certifi- cate, the Sherift* or other officer shall certify the fact to the court to which the writ is returnable, or any judge thereof, and the court or judge may order an attachment of contempt against such president or other officer, and may compel him to answer upon oath, on oral ex- amination as to the numlier of shares of stock, and amount of debt standing on the books of the corporation, in the name of the defend- ant at the time of service of such notice, and may compel the produc- tion of the books of said corporation, and also iine the president or other officer for not giving the required certifif^ate. Sheriff to Make a Schedule of Shares, de. Sec. 3(5. When the Sheriff has ascertained the number of shares of stock, and amount of such debt standing in the name of the defend- ant, he shall make a schedule of such shares or debt, or so much thereof as will be amply sufficient to secure the sum of money lie is required to levy, and costs, and shall give notice that the stock or debt not included in his schetlule is released. To Sell StocJc as if Meal Estate. Sec. 37. If the levy be made under a fieri liicias, the Sheriff shall advertise and sell the stock or debt, as if the s.iuie were real estate. Corporation to Pay the Claim if Stock is Transferred. Sec. 38. If any corporation, or its officers, after service of notice of seizure as aforesaid, shall transfer, or permit to be transferred, any shares of stock or any debt standing at the time of service in the name of the defendant, unless the same is released as hereinafter provided, such corporation shall pay to the plaintiff in the writ under which such notice was given, the full market value of the stock or debt so transferred, to be recovered by action as for tort. Notice of Payment, &c., to he Given Corporation.. Skc. 39. If the proceedings under such writ be ended by counter- mand, ])ayment or any otlier cjuise, before a sale, the sfock seized tliereuiuler shall be released, and the Sheriff shall give notice thereof in writing to the corporation. SHEKIFFS. 189 Sheriff to Transfer the Stock to Purchaser on Compani/s BooTcs. Sk(^ 40. If tlie Sheriff shall make sale of any shares of stock or transft'i-al)ie debt, whether he continues in office or not, or wiictlier he has returned the writ under which tlie sale was made or not, he shall transfer the same on tlie l>ooks of the corporation to the purcliascr; or if the Sheriff making such sale shall die, or remove from the (boun- ty, without makint,^ such transfer, the court to which the writ was returnable, may appoint a person to make the same. Offuers Refusing, Pinilshable for Contempt. Sec. 41. If any corporation, or any of its olhcers, shall refuse to permit any transfer authorized to be made by the precedini^ section, the court to which the writ by virtue of which such stock or debt was sold was returnable, or any judge thereof in vacation, may punisli by process of contempt all persons so refusins to permit such trans- fer, and may also cause the pro])er book of such corporation to be brought before such court or judge, and the transfer to be made, and such corporation sliall be liable for all damages sustained by reason of a refusal to permit a transfer. If Transfe)- is Delayed, Purchaser may Refuse it, dr. Skc. 42. The purchaser may refuse to acce])t the transfer of any stock or transferable debt, unless it be made within thirty days after the sale, and may bring an action on the case against the Sheriff, officer or corporation, by whose defiult the said tninsler was delayed or omitted, and recover the value of the stock or dcl)t at the time "the transfer should have been- made, or at any time afterwards. One Dollar Allowed Person Making Transfer. Sec. 43. Any person whom the court may appoint to make any transfer, sliall be entitled to the sum of one dollar, to be paid I)y the purchaser and recovered by him from the person who ought to have made the transfer. Summoning Jurors. Sec 44. If the Sheriff shall fail to summon a jury, as required by law, to attend the courts of this State, such failure shall be deemed a contempt of court, and he shall be punished for such contem])t l)y the court, by tine or imprisonment, the f ne not to exceed live hundred dollars, or the imi^risonment twenty days. 2^0 Dejmty to Summon without Order in Writing. Sec. 45. He shall not permit any deputy to summon any person as a juror without his direction in writing, specifying the name of the person to be summoned. What Officers' Fees Sheriff to Colkct. Sec. 46. The Slicriff shall collect all fees due to the following officers which may be placed in his hands for collection, between the first day of January and the tirst day of May, in each year, namely : Attorneys, Clerks of all the Courts, Commissioner of the Land Office, Coroners, Criers, Registers of Wills, Surveyors and Sheriffs.— 1861, ch. 53. When Sheriff May Dtstrain for Fees. Sec. 47. He may distrain, or execute the goods and chattels of any person against whom any fees are placed in his hands for collection ; 190 SHERIFFS. Provided, he has sixty days previously delivered to such person, or left at his place of abode, an account of such fees. — lUd. May Distrain, &c. Immedintely in Certain Cases, Unless Secured. Sec. 48. If he shall be informed by the affidavit of any one taken l)efore a Justice of the Peace, that a person against whom he has fees to collect hns absconded, or is about to do so, the Sheriff may distrain or execute immediately, without previously having delivered an ac- count of fees; Fr&vided, that if any such absconding debtor will give the Sheriff good and sufficient security for the j^ayment of such offi- cers' lees within six^y days, the Sheriff shall not sell his goods or chattels. May Execute in Five Days. Sec. 49. In all cases of di=!tress or execution for officers' fees, the Sheriff' may sell the goods and chattels distrained or executed at pub- lic auction, five days after tlie same are so taken, unless such officers' fees are jiaid ; but the Sheriff shall not charge any fees for such dis- tress, execution or sale. To Account for Officers' Fees hefore Nov. Isi, in each Year. Sec. 50. The Sheriff shall, before the first day of November in each year, account with and pay over to each officer who may have placed fees in his hitnds for collection; and if any Sheriff sliall refuse or ne- glect to pay over officers' fees he has received or collected, or ought to have collected, the person entitled to receive the same mav apply to the Circuit Court of the county, or the court in the city of Baltimore having jurisdiction over the amount claimed, and such court shall render judgment against such Sheriff' for the amount due from him; Provided, that no such judgment shall be entered unless the person ap- plying fnr the same shall exhibit to the court an account of the sum due, verified by affidavit, and such other proof as the court may re- quire, and shall prove to the satisfaction of the court, that he has served a copy of such account on said Sherift'and demanded payment thereof at least twenty days before the meeting of the court at which the application is made. Certain Issues may he Tried hy a Jury, &c. Sec. 51. If such Sheriff" shall controvert the demand, and desire a jury to l)e impanneled, the court shall direct a jury to be immediately imi)anneled to try an issue whether the said Sheriff' be chargeable with and liable to pay any and what sum of money to the person so claimini,', and authorized to receive the same, and the court shall ])ass judgment on the verdict of the jury as in other cases, and award execution ; and no execution issued on any judgment rendered under this or the preceding section shall be stayed by writ of error, superse- deas, injunction or appeal. May Collect Fees One Year After His Term has Expired. Sec. 52. Any Slieriff whose term has expired, shall have the same ])o\ver tf) collect liis own fees or any officers' fees previously placed in his hands for collection for one year thereafter, that he had during tlie time he was Sheriff, and may distrain or execute for the same in the same manner as if his conunission had not expired. SHERIFFS. 191 Administrator Ma/y Collect Fees, &c. Sec. 53. If any SlieriiT shall die, his administrator may collect all fees placed in the hands of such Sheriii'for collection, in the same manner and by the same means as said Sheriff might have done in his lifetime ; Provided., the power to execute or distrain for such fees shall not extend beyond two years after the date of his letters, and such fees shall be ai)plit'(I to the j^ayment of officers' fees due from the Sherili', and not applied to any other purpose until such officers' fees are paid. No Execution for Officers' Fees in Certain Cases. Sec. 54. No Sheriff' shall levy a distress or execution for officers" fees, if the person from whom such fees are claimed shall produce the fonner Sherift''s receipt, or otlierwise make it appear that the said fees have been paid, under a penalty of Hfty dollars for each offence. Sheriff Answerable for Fines and Peimlties. Sec. 55. The Sheriff shall be answerable for all fines, penalties and forfeitures imposed on the inhabitants of his county by any court of record in this State, unless he can show that the jjarty on whom the same was imposed is insolvent. He may require State'' s Attoi'ney to Issue Execution for them. Sec. 50. He may require the State's Attorney to issue an execution for all lines, penalties or forfeitures so imposed and the costs ; Pro- vided, that any person adjudged to pay a fine or penalty may enter into a recognizance with security for the payment of the same and costs, within sixty days, and no execution shall issue for the same until the expiration of the sixty days. Such Executions Returnable Next Term. Sec. 57. All such executions shall be returnable at the next term succeeding the issuing thereof, and if the Sheriff returns that he has taken the person against whom such execution issued, he must pro- duce the body of the person so taken, or acknowledge in oj^en court the receij)t of the fine, penalty or forfeiture, and the costs thereon, un- less he can show the defendant was released from his custody under the iusolveat laws. To Wliom Fines, <&c. are Paid. Sec. 58. All fines, forfeitures, penalties, and costs imposed as afore- said, are to be paid to the Sheriff, who shall pay the same, except the costs, to the Treasurer, on or before the tenth of November in each year, and the costs to the persons entitled to receive them ; Provided, when any person is entitled to any part of a fine, forfeiture or penalty, as informer or otherwise, the same shall be paid by said Sheriff to such iDcrson. Sheriff to Deduct Costs. Sec. 59. The Sheriff shall deduct from each recognizance which may be forfeited and by him collected, the costs incurred by the county or city in which such recognizance may have been taken, and pay over the same to the clerk of the court in which the recognizance was forfeited, to be by him accounted for to the county commissioners of the county, or the Mayor and City Council of Baltimore, as the case may be, and the said clerks shall each state such costs in the return by him made to the Comptroller. 13 193 SHERIFFS. Sheriff has Custody of Prisoners. Sec. 60. The Sherift" shall safely keep all persons committed to his custody by lawful authority, until such persons are discharged by the due course of law. Sec. 61. [This Section relates to Slaves and is obsolete.] Shall Provide for Prisoners. Sec. 63 He shall provide food and board for all prisoners com- mitted to his charge, and such food and other articles for the comfort of sick prisoners, as the physician tending such prisoners may deem nec;essary, the expense of which shall be paid by the county or city, except iu cases of slaves. To Receive United States Prisoners. Sec. 63. The Sheriffs shall receive and safe keep in their respective jails, all persons committed under the authority of the United States, until they shall be discharged by the due course of the laws thereof, in the same manner and under the like penalties as if such persons were committed under the authority of this State, and the Sheriff shall be entitled to receive the sum of thirty cents per day for keeping and supporting each prisoner so committed, to be paid by the United States. Serving Process. The Act of 1868, eh. 203, adds the following section to Article 83. Returns — Rule on Sheriff — Judgment Against Him — Proviso. Sec. 1. If any Sheriff shall make return to the court of any fieri facias, attachments, venditioni exponas that he has seized the property of the defendant which remains unsold, or that the j^roperty hereto- fore levied upon remains in his hands unsold for want of buyers, or that the defendant has satisfied the plaintiff or his attorney, the debt or claim or any part thereof mentioned in the said process, the said plaintiff or his attorney may apply to the said court for a rule on the said Sheriff or late Sheriff as the case may be, to bring the said money into court or before a judge thereof, on a day to be named in the said rule, or show good cause to the contrary, and upon the failure of the said Sheriff or late Sheriff to bring said money into court, or l)efore the said judge at the time mentioned in the said rule or any other day to be named by the said judge the amount of the debt, damages, in- terest and costs to be ascertained by tli» plaintifl' or attorney, or such other proof as the judge may require, the said court or judge in the recess may cause judgment to be entered by the clerk against the said Sheriff for the plaintiff's claim, interest and costs in favor of the plaintiff without stay of execution, and without the right of the de- fendant to supersede or a])])eal from the same ; Provided, that the said court or judge thereof shall be satisfied that the said Sheriff has re- ceived the said del)t, interest and costs or any part thereof from the defendant in the said process, and that his said return of process is false and untrue, and the remedy under this section shall not ])reju- dicp the plaintirt"'s right to proceed against the bond of the Sheriff by suit.— 18<)«, ch. 203. Sheriffs to give Notice of Elections. By Article 35, Section 12. Sheriffs are required to give notice of elections and i)erforni other duties. FEES OF SHERIFFS. 193 Slieriffn to Summon Jurors. By Article 50, Section 7, the Sheriffs are required to summon jurors as iJrescribed in said Article. FEES OF SHERIFFS. Under Article 38, Section 27, Sheriffs are entitled to charge and re- ceive the follo\vinrosecuting or defending in any criminal case, in any of the courts of this State having criminal jurisdiction, where the punishment for the offence charged is death or confinement in the penitentiary, 10 00 In all other criminal cases, 3 33 ATTORNEYS IN FACT. Art. 11, Sec. 24. All payments of money, transfers of property, or other dealings made or had to or with any person acting under a power of attorney, or other agency duly executed or created by any person within this State, which would 1)e binding upon the party giv- ing such power of attorney or agency, if the same was in full force and unrevoked at the time of such payment, transfer or other dealings, shall be equally binding and obligatory upon the representatives or other as- signees of such party, although at the time aforesaid, said party may be dead, or may have assigned his interest in such money, j^roperty or dealings ; Provided., that the person paying, transferring or having such dealings with the person acting under such power of attorney or agency had not at the time notice of the death of the party giving such power or creating such agency, or of the fact of the assignment aforesaid. Sec. 25. A power of attorney to transfer stock standing on the books of any corporation chartered by this State in the name of a partnership or firm, signed with the name of such partnership oriirm, and sealed by one of the members thereof, acknowledged as directed in the next succeeding section, shall be as valid and eftectual as if signed and sealed by all the members of such partnership or firm. Sec. 2(). The member signing and sealing such power of attorney shall acknowledge the same before a justice of the peace of this State, or before a notary public, mayor of a corporation, or judge of a court of record, and shall have such acknowledgment, if made before a no- tary public, certified under his notarial seal, or if made before a mayor of a corporation, certified under the seal of such corporation, or if made before a judge of a court of record, certified by the clerk of the court under the seal of the court, or if it be made before a justice oi the peace in any other county than that in which the transfer of stock is ])roposed to be made, the clerk of the Circuit Court of the county or the Superior Court of the city of Baltimore, where the justice re- sides, shall certify under the seal of the said court, that the said justice at the time of said acknowledgment was duly commissioned and sworn. Sec. 27. A j)ower of attorney to execute a deed shall Ije executed, acknowledged and certified as ret^uired in the article on conveyancing. THE TEEASURY DEPARTMENT. Constitution, Article VI. The followiriT are the provisions of the Constitution in relation to the offices of the State Comptroller and Treasurer : Comptroller and Treasurer — Sahry, $2,500 each — Elected for Two Years — ComptrolUr, ly the People — Treasurer, ly the Legislature — Oovernor to Fill Vacancies. Section 1. There shall be a Treasury Department, consistini:^ of a Comptroller, chosen by the qualiiled electors of the State, at each reg- ular election of members of the House of Delegates, who shall receive an annual salary of two thousand five hundred dollars; and a Trea- surer to be appointed by the two Houses of the Legislature, at each regular session thereof, on joint ballot, who shall receive an annual salary of two tliousand five hundred dollars ; and the terms of office of the said Comptroller and Treasurer shall be for two years, and un- til their successors shall qualify ; and neither of the said officers shall be allowed, or receive any fees, commissions or perquisites of any kind, in addition to his salary, for the performance of any duty or services whatsoever. In case of a vacancy in either of the offi.ces, by death, or otherwise, the Governor, by and with the advice and con- sent of the Senate, shall fill such vacancy, by appointment to continue until another election, or a choice by the Legislature, as the case may be, and until the qualification of the successor. The Comi^troller and the Treasurer shall keep their offices at the seat of Government, and shall take such oath, and enter into such bonds for the faithful dis- charge of their duties as are now, or may hereafter be, prescribed by law. Comptroller's Duties to Enforce Collection of Taxes and Revenue, Grant Warrants for Money — Report to the Legislature, &c. Sec. 2. The Comptroller shall have the general superintendence of the fiscal aflairs of the State ; he shall diges't and prepare plans for the improvement and management of the revenue, and for the support of the. public credit; prepare and report estimates of the revenue and expenditures of the State; superintend and enforce the prompt col- lection of all taxes and revenue ; adjust and settle, on terms prescribed by law, with delinquent collectors and receivers of taxes and State rev- enue ; preserve all public accounts ; decide on the forms of keeping and stating accounts ; grant, under regulations prescribed by law, all warrants for money to be paid out of the Treasury, in pursuance of appropriations by law ; and countersign all checks drawn by the Treasurer upon any bank or banks, in which the moneys of the State may, from time to time, be deposited ; prescribe the formalities of the transfer of stock, or other evidence of the State debt, and countersign the same, without which, such evidence shall not be valid : he shall make to the General Assembly full reports of all his proceedings, and 204 THE TREASUllY DEPARTMENT. of the state of the Treasur.v Department, within ten days after the coniniencement of each session ; and perform such other duties as shall be prescribed by law. Treasvrer^s Dutks to Receive and Deposit Moneys, and Disburse the same upon the Warrants of Comptrolkr — Transfer Bonds, d-c. Sec. 3. The Treasurer shall receive the moneys of the State, and, until otherwise prescribed by law, deposit them, as soon as received, to the credit of tlie State, in such Ijank or banks as he may, from time to time, with tlie approval of the Governor, select, (the said bank or banks givinc: security, satisfictory to the Governor, for the safe keeping and forthcoming, when required, of said deposits,) and shall disburse the same for the j^urposes of the State, according to law, upon warrants drawn by the Comptroller, and on checks countersigned by him, and not otherwise ; he shall take receipts for all moneys paid by him ; and receii:)ts for moneys received by him shall be endorsed ujion warrants, signed by the Comptroller; without which warrants, so signed, no acknowledgment of money received into the Treasury shall be valid ; and upon warrants, issued by the Comptroller, he shall make arrangements for the payment of the interest of the public debt, and for the purchase thereof on account of the sinking fund. Every bond, certificate, or other evidence of the debt of the State, shall be signed by the Treasurer, and countersigned by the Comptroller; and no new certificate, or other evidence intended to replace another, shall be issued until the old one shall be delivered to the Treasurer, and authority executed in due form for the transfer of the same filed in his office, and the transfer accordingly made on the books thereof, and the certificate or other evidence cancelled ; but the Legislature may make provisions for the loss of certificates, or other evidences of the debt ; and may prescribe by law, the manner in which the Treasurer shall receive and keep the moneys of the State. To Account to Comptroller Quarterly, and to the Legislature at each Session. Sec. 4. The Treasurer shall render his accounts, quarterly, to the Comptroller ; and shall publish monthly, in such newspapers as the Governor may direct, an abstract thereof, showing the amount of cash on hand, and the place, or places of deposit thereof; and on the third day of each regular session of the Legislature, he shall sui^mit to the Senate and House of Delegates fair and accurate copies of all accounts by him, from time to time, rendered and settled with the Comptroller. He shall, at all times, submit to the Comptroller the inspection of the money in his hands, and perform all other duties that shall be prescribed by law. When Comptroller and Treasurer shall Qnalify. Sec. 5. The Com])troller shall qualify, and enter on the duties of his office, on the thirtl Monday of January next succeeding the time of his election, or as soon thereafter as practicable. And the Treas- urer shall qualify within one month after his appointment by the Legislature. Oovernor may Remove Comptroller and Treasurer for Cause. Skc. (). Whenciver during the recess of the Legislature, charges shall be prelerred to the Governor against the Comptroller or Treasurer, for THE STATE COMPTUOLLER. 205 incompetency, malfeasance in office, willful neglect of duty, or misap- projjriation of the funds of the State, it shall ha the duty of the Gov- ernor forthwith to notify the party so charged, and fix a day for a hear- ing of said charges; and if, from the evidence taken, under oath, on said hearing before the Governor, the said allegations shall be sus- tained, it sliall be the duty of the Governor to remove said offending officer, and appoint another in his place, who shall hold the office for the unexpired term of the officer so removed. OtJie?^ Constitutional Provisions. The Constitution, Article 2, Section 18, prescribes as follows : Art. 2, Sec. 18. It shall be the duty of the Governor, semi-annually, (and oftener if he deem it ex])edicnt,) to examine, under oath, the Treasurer and Comptroller of the State, on all matters pertaining to their respective offices; and inspect and review their bank and other account books. DUTIES OF THE COMPTROLLER UNDER THE GENERAL LAWS. The powers and duties of the Comptroller as prescribed by the Pub- lic General Laws, Article 22, are as follows : Term of Office Commences, d'C. Sec. 1. The Comptroller shall file his bond and qualify, by making the declaration and taking the oaths required by the Constitution and Laws before the Governor, on or before the second Wednesday of Jan- uary next ensuing his election; on which said second Wednesday of January the term of his oflice shall commence. To Give Bond in $50,000. Sec. 2. He shall, before entering upon the discharge of his duties, give bond to the State of Maryland, with security or securities ap- proved by the Governor, in the penalty of fifty thousand dollars, with condition that he will truly and fnithfully discharge, execute and per- form all and singular the duties of him required, and which may be required by the Constitution and Laws. Securities to Qualify as to their Property. Sec. 3. Each security on the bond of the Comptroller shall make oaf h that he is bona fide worth, over and above his debts, not less than some specifiic sum to be stated in said oath, which oath shall be en- dorsed on said bond and recorded therewith. The Sums Sworn to must Equal tlie Penalty. Sec. 4. The Governor shall not approve any l)ond of the Comptrol- ler, unless the sums so sworn to and endorsed on said l)ond shall, in the aggregate at least, equal the amount of the penalty thereof, and he shall be satisfied of the availability of such security. Bond Recorded in Court of Appeals. Sec. 5. The bond of the Comptroller, when duly executed and ap- proved, shall be recorded in the office of the C.erk of the Court of Appeals, and certified copies, under seal of said court, may be used in evidence in any court in this State. 206 THE STATE COMPTROLLER, The Governor viay Reqtiire a New Bond. Sec. 6. It shall be the duty of the Governor at all times, when in liis opinion the security or securities of any Comptroller have or are likely to become invalid or insufficient, to demand and require such Comptroller forthwith to renevv his bond to the State of Maryland, with security or securities to be approved by the Governor, in the penalty and according to the form ])rescribed in this article; and in case of neglect or refusal by any Comptroller to give bond with se- curity or securities as aforesaid, within twenty days after the same shall be demanded and required by the Governor, such neglect or re- fusal shall 1)6, and it is hereby declared to be a disqualification within the meaning of the Constitution ; and the Governor is hereby required to proceed forthwith to apj^oint a fit and proper person to till the va- vancy occasioned thereby, according to the provisions of the Consti- tution. The Comptrollers Office. Sec. 7. The Comptroller shall keep his office in the building now occupied by him in the city of Annapolis, until otherwise j^rovided by law.— 18G2, ch. 230. May Employ a Clerk. Sec. 8. He may em]iloy a clerk, whose compensation shall be one thousand dollars per annum, and an assistant clerk, whose compensa- tion shall l;e seven hundred dollars j^er annum. To Report Annually to Ooveiiior or Legislature. Sec. 9. He shall, within ten days after the first Wednesday in Jan- uary in each year, make to the Legislature, if in session, or to the Governor if the Legislature he not in session, a report exhibiting a complete statement of the funds and revenues of the State, and of the pul^lic exj^enditures during the fiscal year ending on the thirtieth day of September preceding, specifying the amottnts derivable and received from each source of revenue, and the purpose for which each expendi- ture was made, and showing the names, residence and official char- acter of the persons from whom any arrearages may be due, with the amount so due from each defaulter. To Report Annual Estimates of Receipts ami Expenditures. Sec. 10. He shall with each annual report return an estimate of the receipts and expenditures of the current year, distinguishing the per- manent and regular expenses of the government for which appro])ria- tions iiave been made Irom tliose charges for vrhicli appropriations are required to be made by law. To Keep Accormts in Suitahle Boohs. Sec. 11. He shall kecj') and preserve in his ofiice in suitable books, to be procured at the expense of the State, full and accurate accounts of the annual revenues and expenditures of every class and de.-icrip- tion, under the pr()j)er heads thereof, according to such forms as under the provisions of the Constitution he may prescribe. To Keep Records of PuUic Accounts Adjusted. Sec. 12. He shall keep fair and accurate records of all public ac- counts adjusted by him, or returnable to or kept in his office. THE STATE COMPTKOLLER. 207 Boohs and Papers Si/?>ject to Inspection. Sec. 13. ITe shall keep safi'ly all vouchers and eopies of letters writ- ten by or to him in the i)erlbrmance of his ollicial duties, and a record of his official proceedings, and the books and papers of his office shall at all times be subject to the inspection of the Governor and tlie mem- bers of the Legislature. To Obtain Full Reports of Eeventies, &c. Sec. 14. He shall obtain from all 1^11)110 officers, and from all bodies politic and corporate who have heretolbre made tlieir re])ort and re- turns to the Governor or Treasurer, full reports from time to time, concerning the revenues or taxes of tlie State, and all such papers or copies of i)apers pertaining to the revenue or taxes thereof, which he may deem necessary. To keep an Account letween State and Treasurer. Sec. 15. He shall keep an account between the State and the Trea- surer, who shall be charged therein with the balance in tlie treasury at the time said account is commenced, and all moneys received by him, and shall be credited with all warrants drawn on and paid by him. To Examine Debts and Credits Monthly. Sec. 16. He shall, at least once in every month, carefully examine the accounts of debts and credits kept in the l)ooks of the Treasurer, and shall j^rocure from the bank in which the public funds may be deposited, monthly statements of all moneys deposited, or drawn out, by tlie Treasurer ; which statem'^nts the bank is hereby required to furnish. Warrants to set forth Purpose and Law. Sec. 17. Every warrant drawn by the Comptroller on the Treasurer for the disliursement of money, to be valid, shall ex]>ress upon its face the ])urpose for which it is drawn, and the act of the General Assem- bly by which the appropriation is made, and the Comptroller shall keep an abstract of every warrant so ,iiner as- certained, to an amount less than the sum so due and claimed, the Comptroller shall deduct the sum so due and claimed ; the Comptrol- ler sliall deduct the sum so due the State from the amount demanded, and give a warrant on the Treasurer for the difference only, and if the amount due to the State shall be equal to, or exceed the sum so de- manded, the said Comptroller shall refuse to issue any warrant to the claimant. To Bring Suit for Moneys after Thirty Days. Sec. 21. If any clerk, register, notary joublic, auctioneer, contractor, inspector or receiver of the public moneys other than collectors of the direct tax. shall fail to account for and pay over to the Treasurer all public moneys in his hands for thirty days after the time required by law, it shall be the duty of the Comptroller to direct the State's At- torney in the county or city where such defaulter may be. to institute a suit upon the bond of such delaulter, and to prosecute the same with diligence and elfect, and in no case shall he fail to institute suit on the bond of every collector of the taxes who shall be in default or arrear for more than one year. ComptroUer''s Statement of Account Prima Facie Evidence. Sec. 22. In case of the institution of any suit or actitm against a collector or other officer charged with the collection or receipt of moneys behmging to the State, or against the othcial bond of such collector or other officer, a statement of the account of such collector or other officer, certified and signed by the Comptroller, shall be taken and received as prima facie evidence of the debt or amount therein stated to be due. Unclaimed Dividends and Deposits of Banks. Sec. 23. The Comptroller shall see that the provisions requiring the publication by the banks and other incorporated moneyed institu- tions of unclaimed dividends and deposits shall he complied with. To have BlanJc Licenses Printed. Sec. 24. He shall cause to be printed in the forms prescribed by law or usage, blank marriage licenses, traders' licenses, ordinary licenses, non-resident licenses, brokers' licenses, hawkers' and peddlers' licenses, exhilntion licenses, billiard-table licenses, wood hucksters' licenses, and all other licenses issued by the clerks of the courts of this State, and now authori/.ed by law, with the several rates, grades and des- criptions thereof, with reference to the character and object of said licenses, the sum to be])aid therefor, and the fractional part of the year, not less than one month or any number of months for which the same may be issued, and upon the requisition of the clerks of the several Circuit Courts, and of the Court of Common Pleas of Baltimore, shall forthwith deliver to the said clerks, tlie number and descrij)tion of licenses recpnred by them for one year, or the fractional i)arts of the year, terminating on the thirtietli of April then next ensuing, and shall take a rcccii)t from the several clerks thcrelor. THE STATE COMPTROLLER. 209 Sundays Excepted from License. Sfc. 2.5. He shall liavo inserted in all ordinary Hccnpes, a clause specially excepting the Sabbath day from the operation of said license. All Licenses to have a Special Stamp. Sec. 26. He shall procure a stamp, with such design and descri])- tion as in liis judgment shall seem best adapted to its purjjose, which stamp shall be used on all licenses issued from his office. To Have Blank Protests Printed. Sec. 27. He shall cause to l;e printed in the fonns heretofore used and sanctioned by law, blank protests, of bills of exchange and prom- issory notes, and stamji the same with the same stamp used by him on all licenses issued from his office, and shall take receipts from the sev- eral notaries public tor all such stamped protests at anytime delivered to them.— 1862, ch. 120. 2'he State's Receipts and Erpenses to he Printed tcith the Lares. Sec. 28. He shall, after each regular session of the General Assem- bly, furnish the printer of the laws with an accurate statement of the receijus and expenditure of the public money for the fiscal year: and it shall be the duty of the said printer to attach said statement to and ])ublish the same with the laws passed by the General Assembly at such sessions. The acts of the General Assembly of 1872, relating to the duties of the Comptroller are as follows : The Public General Laws, Article 30, Section 2, prescribes the jiun- ishment for defaulting officers to be imprisonment in the jjeuitentiary, as follows : Defaulting Officers Lmprisoned in the Penitentiary. Art. 30, Sec. 2. If any clerk, register of wills, sheriff, collector of taxes, notary public, or other officers, whose duty it is to collect reve- nue due the State of Maryland, or any county thereof, shall, after the receipt of said revenue by him. wilfully detain the same in his posses- sion, and neglect to pay the same into the treasury of the State, or to the County Commissioners, or the proper officer authorized to receive the same, for more than sixty days after the day upon which it is made by law the duty to pay the same, or if no particular day be ap- ])(iinted by law for said payment, and such officer shall detain any revenue due to the State, or to any county thereof, and which it is his duty to collect, and which he shall have collected, and shall neglect 1o ])ay the same into the treasury of the State, or to the County Com- missioners, or the proper officer authorized to receive the same, for the space of six months after he shall have so collected the same, such officer so offending in either case, shall be deemed to be a defaulter, and upon indictment and conviction thereof, shall, in addition to any other joenalties already provided by law, be. for each offence, impris- oned in the State penitentiary, not less than one year nor more than five years, unless the amount for which he is a defaulter lie sooner paid ; and the certificate of the Comptroller of the State of Maryland, or of the respective clerks of the County Commissi(mers, shall, in every jirosecution under this section, be received as prima facie evidence of 210 THE STATE COMPTROLLER. such defalcation, and the Judges of the courts having criminal juris- diction, in this State, shall give this law in charge to the grand juries summoned to their respective courts. — 1872, ch. 329. Comptrolkr Authorized to Settle and Cmnjyromiae Old Clmms. The Act of 1872, chapter 196, authorizes the Comptroller to settle the accounts of all collectors, sheriff's, clerks, registers, and other col- lectors or receivers of jjublic moneys and their securities in cases where said claims accrued prior to and including 1869, and is fully author- ized to compromise the same by abating tlie interest that has accrued, or any portion thereof, or any part of tlie principal debt, in his discre- tion, &c.; Provided^ the Governor and Treasurer approve, in writing, of any such abatement, and provided that the parties benefited, shall first pay the legal fees of the State's Attorneys and clerks and sheriff's. To Set Apart $100,000 Annually fm- Sinking Fund. The Act of 1872, chapter 276, Section 3, directs the Comptroller, on the first day of July in every year, to set apart to the credit of the sink- ing fund, $100,000, to be invested in the stocks or b(mds of this State, and said bonds after being cancelled, shall be credited to the sink- ing fund, «&c. To Invest Surplus Funds in State Stocks, &c. Sec. 4, of the above Act, directs the Comptroller, whenever there shall be a surplus in the treasury over the current expenses of the State, as provided by law, to invest the same in the stocks or bonds of the State, purchased at ])ar or less, and in all such purchases to give l)reference to the overdue debt. Comptrollei' to Sell Cei'tain State Stocks in Banls, Ac. The Act of 1872, chapter 383, directs the Comptroller to sell the State's six per cent. Baltimore city stock, amounting to $154,550, ard the stock in the Farmers' National Bank of Aimapolis, amounting to $46,470, at not less than par, and ajjpropriate the proceeds to the pay- ment of the State bonds due. or part due ; and to give notice that on a day named, interest on said bonds will cease, &c. Assessment of Stocl's for State Purposes. The Public General Laws, Article 81, Section 149, require the Comp- troller to assess the capital stock of banks, &c., at their true market value, &c., as iollows : Art. 81, Sec 149. The Comptroller of the Treasury shall, on or before the first day of May in each year, assess the shares of capital stock in all banks, l)anking associations, and other incorporated institutions, or companies, incorporated by this State, except railroad and canal companies, at the true market value thereof in dollars and cents, and for tlie purpose of ascertaining the true value of such shares, the Comp- troller is hereljy authorized and emj^owered to examine, upon oath, any other person as a witness, whom he may be advised has important inibrniation in regard to the value of such shares of cnpital stock, and. any such officer refusing to answer, upon oath, touching the shares of said bank, banking association or coin])any, of which jic is an othcer, shall forf(Mt and pay to the State of Maryland, the sum of $500. — 1872, ch. 90. The Comptroller has other and special duties to perform under other provisions (jf the General Laws. , THE STATE COMPTROLLER. 211 Compensation of Clerics. The General Appropriation Acts of 1872, chapters 39 and r)2, ap- propriates ^l.CiOO per year, for the pay of the chief clerk to the Comp- troller, and $1,200 per year, to each of the three assistant clerks, for 1872 and 1S73. The State Insurance Commissioner. The Act of 1872, chapter 388, amending Article 56, Public General Laws, provides for the a])])ointment of an Insurance Commissioner for the State of Maryland, as follows : Insurance Department Established. Art. 56, Sec. 27. There is hereby establishcy the Comptroller, and the rulings and decisions made by said Commissioner, shall always be subject to revision by the ComiJtroller. Commissioner to See All Laws Faithfully Executed. Sec. 28. It shall be the duty of the Insurance Commissioner to see that all laws of this State, respe-^ting insurance companies, are faith- fully executed; to tile in his office every charter, or declaration of, or organization of a company, with certificate of the Attorney General, and on application of the corporation, to furnish them certified copies thereof Companies hehio the Standard of Safety required to Close Business, &e. Sec. 3. In case it is found that any life insurance comjiany, doing business in this State, has not on hand the net value of all its policies in force, after all other debts of the company and claims against it, exclusive of capital stock, have been provided for, it shall be the duty of the Insurance Commissioner to publish the fact that the then exist- ing condition of the afiairs of the company is below the standard of legal safety established by this State; and he shall require the com- pany at once to cease doing new business ; and he shall immediately institute proceedings to determine what further shall be done in the case; and it is hereby made the duty of the Insurance Commissioner, after having determined, as above, the amount of the net value of all the policies in force, to see that the company has that amount in safe, legal securities, of the description and character provided for in this Act, after all its other debts and claims against it, exclusive of capital stock, have been provided for. 212 THE STATE TREASURER. Any Company Insolvently or Fraudulently Conducted to he Closed. Sec. 8. The Tnsuraiicc Commissioner shall institute, or cause to be instituted, if approved hy the Comptroller, the necessary proceeding's, under the laws of this State, to close the affairs of any company of the State, which shall appear to liim, upon examination, to lie insolvent, or fraudulently conducted; to report in detail, tlirough the Comptrol- ler, to the Attorney General, any violation of the laws relative to in- surance comj^anies, their officers or agents, or the business of insurance. Foreign companies, or their agents, shall jiay into the State Trea- sury, $800 license, and a tax of one and a half per cent, on the gross premiums charged or collected for said companies during the last license year. Any jjerson or company violating the provisions of this Act, shall pay a tine of not less than $100, nor more than $1,000. The above Act of 1872, chapter 888, contains other provisions, pre- scribing the mode in which the office of the Insurance Commissioner is to be conducted. For the Act of 1873, chajDter 276, relating to the Sinking Fund, see State Treasurer. DUTIES OF THE STATE TREASURER UNDER THE GENERAL LAWS. The duties of the State Treasurer are prescribed by Article 94, of the Public General Laws, as follows: Oath of Office. Sec. 1. The Treasurer, in addition to the oath prescribed by the fourth section of the tirst article of the Constitution, shall take an oath faithfully, diligently and hone-^tly to discharge the duties of his office. Bond $200,000. Sec. 2. He shall, before entering upon the discharge of his duties, give Ijond to the State of Maryland, with security or securities ap- proved by tlie Governor, in the penalty of two hundred thousand dol- lars, with condition that he will truly and faithfully discharge, execute and perform all and singular the duties of him required, and which may be required by the Constitution and Laws. Securities to Qualify Sec. 3. Each security on the bond of the Treasurer, shall make oath that he is bona fide worth, over and above his debts, not less than some specified sum to be stated in said oath, which oath shall be en- dorsed on said bond and recorded therewith. Bond to Equal the Amount of the Penalty. Sec. 4. The Governor shall not approve any bond of the Treasurer, unless the sums so sworn to and endorsed on said bond shall, in the aggregate, at least e(iual the amount of the 2)Ciialty thereof, and he shall be satisfied of the availability of such security. To he Recorded in the Court of Appeals. Sec. 5. The bond of the Treasurer, when duly executed and ap- proved, shall be recorded in the office of the clerk of the ('ourt of Ap- peals, and certilied co])ies, umler seal of said court, may be used in evidence in any court of law in this State. THE STATE TREASUllER. 213 Govo'Tior may Require Bond to be Renewed. Sec. 0. It shall be tlie duty of the Governor at all times, when in liis opinion the security or securities of any Treasurer liave or are likely to become invalid or insufficient, to demand and rcfjuire such Treasurer forthwith to renew his Ixmd to the State of Maryland, with security or securities to be approved by the Governor, in the penalty and accordini; to the form ])re^cribed in this article; and in case of neglect or refusal by any Treasurer to give bond with security or se- curities as aforesaid within twenty days after the same shall be de- manded and required bv the Governor, such neglect or refusal shall l)e, and it is hereby declared to be, a disqualification within tlie mean- ing of the Constitution ; and the Governor is hereby required to pro- ceed forthwith to appoint a fit and proper person to fill the vacancy occasioned thereby, according to the provisions of the Constitution. ClerFs Salary $1200. Sec. 7*. The Treasurer of Maryland shall appoint a clerk to assist in the discharge of his duties, who shall receive an annual salary of twelve hundred dollars. [The General Ajspropriation Acts of 1873, chapters 35 and 62, give !|1C00 per year to another clerk.] To Invest Accruing Interest of Sinking Fund. Sec. 8. The Treasurer shall invest the interest accruing on the sink- ing fund in the funded dcl)t of this State, or in the bonds and stocks issued, or to be issued, by the Government of the United States, as soon after receiving the same as he can do so advantageously, and carry such investment to the credit of said fund. — 1864, ch. 370. May Invest Surplus Moneys in Oovernment Bonds, &c. Sec. 9. All surplus moneys which may at any time be in the Trea- sury, not required in the judgment of the Comptroller and Treasurer, to pay the ordinary expenses, and current interest upon the funded debts of this State, or for the redemption of such i)art or parts of said lundod debts as may be due or become due, or in case no part of said funded debt, not held by the sinking fund, is then due, the said Trea- surer may, with the approval of the Comptroller and Governor, invest said surplus moneys or any part thereof in the bonds or stocks issued or to be issued Ijy the Government of the United States, and all in- vestments of said fund or its increments, here before made by the Trea- surer, in any such bonds or stocks of the United States, are hereby approved and made valid. — 18G4, ch. 370. Funded Debts Canceled. Sec. 10. All ])arts of the funded debts of this State redeemed shall be canceled, and all parts purcliased shall be also canceled, except one hundred thousand dollars of said funded debt so purchased in each year, which shall be carried to the credit of the sinking fund. How to he Charged. Sec. 11. All such parts of the funded debts of this State created for the benefit of works of internal improvements, or on account of the tobacco debt, as maybe redeemed or purchased, as herein provided, shall continue to be a charge against the works of internal improve- 214 THE STATE TREASURER. ments, or against the tobacco fund, as the case may be, and shall be carried to the credit of the sinking fund for that purpose and no other. To Transmit Interest to Europe. Sec. 12. The Treasurer shall provide, in such manner as he shall deem most expedient, for transmitting to Europe, and there disbursing securely and punctually, all such sums of money as from time to time may be necessary to i)ay the interest which is to accrue on that part of the debt of this State the interest whereof is payable in Europe. To Change Sterling Bonds into Current Money. Sec. 13. He shall, upon the application of the holder of any of the sterling bonds of this State, and upon the surrendering and cancel- ing of the same and of their projjer cnupons, issue to and in the name of said applicant, or any other person named by him, a certificate or certificates of debt of the State for the principal of the bond or bonds so rendered to him, converted into current money of the United States, at the rate of four dollars and eighty-four cents for each pound sterling, or at such rates as may be estaijlished by act of Congress, to bear interest of five per centum per annum from the first day ()f Janu- ary or July, as the case may be, next before its issue, payable quarter- ly at the Treasury, and to be there redeemable at the pleasure of the State, after the time in that behalf limited in and by said sterling bonds. Preserve Certain Boohs and Papers. Sec. 14. He shall keep and carefully preserve all the books, papers and accounts belonging to the treasury oflfice, including the debt- books and other papers relative to the revenue of the late Lord Pro- prietaries, and the books, papers and accounts of the Commissioner of Loans. Claims for Money Paid State in Error. Sec. 15. All persons having claims against the State for errors in the payment of their State taxes, or for sums erroneously paid into the treasury, shall present the same with the proofs and vouchers thereof to the Treasurer, who shall examine the same, and report to the General Assembly at the next session thereof, the names of such persons as in his opinion are entitled to an allowance for said errone- ous payments, and the amount that ought to be paid to each. Money Due State Deducted from Claims. Sec. 16. The Treasurer, uj^on demand being made upon him by any person or corporate body, having a claim against the State due to him in his own right, shall, if such person or corporation is indebted to this State upon the books of the treasury to an amount less than the sum so due and claimed, deduct the sum so due the State from the amount demanded, and pay the difference only ; and if the amoiuit due to the State shall be equal to, or exceed the sum so demanded, the Treasurer shall withhold the entire amount. Same Bights in Case of an Assignee. Sec. 17. If the demand is- made by any assignee of a party having a ('laim against the State, the same right to withhold or deduct, as the case may be, shall exist as if the demand were made by the as- signor. THE STATE TREASURER. 215 To Issue Duplicates for Bonds, dr., Lost. Sec. 18. The Treasurer may issue new evidences of debt or coupons of interest, showing on their face that they are duplicates of bonds or coupons alleged to be lost, and corresponding in amount with the said lost bonds or coupons ; Provided, the owners of such bonds or coupons, before such renewal, shall, by legal and competent evidence, prove to the satisfaction of the Treasurer the loss of said bonds or coupons, and shall give him satisfactory security to indemnify the State agair st any other claim or demand on account of said bonds or coupons al- leged to be lost. To Appoint Agent to Pay Interest. Sec. 19. The Treasurer is authorized to appoint the president of an incorporated bank in the city of Baltimore his agent, whose duty it shall be, under such projjer arrangements as the Treasurer shall make, to pay the interest upon the public debt : the interest on such portion thereof as consists of the currency stock, to be ])aid at the bank of which the said agent is president ; the said agent shall take receipts for all such payments, and his accounts shall at all times be subject to inspection by the Treasurer, and copies thereof shall be furnished whenever required by the Treasurer, Comptroller or either House of the General Assembly. Agent to ie Paid Expenses Only. Sec. 20. In any arrangement the Treasurer may make with the said president, for the purpose aforesaid, it shall be stipulated that for any or all the duties to be performed, the said agent shall receive no compensation whatever, nor shall he be reimbursed for any expenses whatever, that may be incurred in the performance of said duties, ex- cept the actual cost of the necessary books, stationery and printing expenses. Agent to give Bond in $200,000. Sec. 21. It shall be the duty of the Treasurer to require of any agent to be appointed by him, to give bond to the State of Maryland, with security or securities to be approved of by the Governor, in the penal sum of two hundred thousand dollars, with condition that the said agent shall diligently and faithfully discharge and execute all and singular the duties required to be performed by him under and pursuant to such arrangement, and that he will well and truly dis- burse, pay out, and account for all moneys that may be placed in his hands, or deposited with him for the payment of the interest on the public debt of this State, according to the terms of such arrangement. Security to make Oath to Tiis Property. Sec. 22. Each security on said bond shall make oath that he is bona fide worth over and above his debts, not less than some specific sum to be stated in said oath, which said oath shall be endorsed on said bond, and recorded therewith ; and the Governor shall not ap- prove any bond of the said agent, unless the sum or sums so sworn to shall, in the aggregate, at least equal the amount of the penalty there- of, and shall be satisfied of the availability of such security. Bond Filed in Court of Appeals. Sec. 23. The bond of the said agent, when duly executed and ap- proved as hereinbefore provided, shall be recorded in the office of th« 216 THE STATE TREASURER. clerk of tlie Court of Appeals, and certified copies thereof, under the seal of the said court, may be used in evidence in any court of law in this State. Comptroller and Treasurer to Burn Coupons Paid. Sec. 24. The Comptroller, together with the Treasurer of the State, is authorized to examine, record and burn all such State coupons as shall be ])aid and returned to tlie Treasury by the agents employed to pay the interest on the public deljt, and to make report of their pro- ceedings therein to the Legislature at each session thereof. [Section 25 of this Article is superseded by the Act of 1872, chapter 276, relating to the sinking fund.] Agents to Transmit Coupons Paid Semi- Annually. Sec. 26. The agents employed to j^ay the interest upon the public debt are hereby required semi-annually to transmit to the Treasurer of the State all coupons they may have paid up to the time of making such transmission. Refunding Money Paid tlie State in Error. The Act of 1868, chapter 302, provides that if any person or corpora- tion shall have paid the Collector of State Taxes any larger sum than was properly payable, the Circuit Courts of the counties, or the City Court of Baltimore, shall hear the matter upon petition, and if it be of opinion that said taxes were paid by mistake, it shall adjudge that the collector return to the petitioner said taxes, which judgment may be enforced by execution, &c. If said taxes have been paid to the Com])troller or into the State Treasury, the petition must be filed in the Circuit Court of Anne Arundel county, against the Comptroller, and the Attorney General shall appear for him without charge ; if judgment is against the Comptroller, he shall report the same to the General Assembly, in order that payment may be provided for by law. Either party may appeal to the Court of Api)eals, to be heard at its first session thereafter. See "-State Fi>ihery Force,'''' for the duties of the Comptroller and Treasurer under the Acts of 1870, ch. 354, and 1873, ch. 243. THE SINKING FUND. The Act of 1872, chapter 276, j^rovides as follows, in relation to the Sinking Fund: Treasurer to Cancel and Destroy Bonds. Section 1. The Treasurer is here]:)y directed, on or before the first day of May next, in the i)resence of the Governor and Comptroller, to cancel and destroy all the bonds and certificatesof stock of this State, now lield in his office to the credit of the sinking fund, and all further payment by the State of interest on said bonds or certificates aforesaid, so required to be cancelled and destroyed, shall cease li:om and after the first day of April next. THE STATE TREASURER. 217 To Make Out and File a List of Same. Sec. 2. Before cancel] iiic and destroyiny tlio said bonds and certi- iicatcs as alorcsaid, tlie Treasurer be, and lie is liereby, authorized and required to cause to be made out a list of the said bonds and certifi- cates, with tlie numbers and amounts of the same, and the names of the persons to whom said certilicates are ])ayable, and shall carefully examine and compare the same, and file the said list in his otKce for lJi"eservation. Comptroller to Set Apart $100,000 Yearly to the SmJcing Fund. Sec. 3. The Comptroller shall, on the first day of July next, and on the first day of .July in every subsequent year, set apart to the credit of the sinking fund, the sum of one liundred thousand dollars, which in addition to all sums otherwise accruing to the augmentation of the sinking fund, is hereby approjjriated for the ])ur])ose of taking up the existing debt of this State, and the Comptroller shall cause the same to be invested in stock or bonds of this State, purchased at par or less, and said bonds after being canceled as hereinafter directed, shall be credited to the sinking fund, and held by the Treasurer, subject to the future action of the General Assembly. Surplus in the Treasury — Preference to Overdue Debt. Sec. 4. Whenever in the judgment of the Comptroller, there shall be a surplus in the treasury over and above the amount necessary to meet the current e^xpenses of the State, as provided by law, he shall cause the same to be invested in the bonds or certificates of debt of this State, purchased at par or less ; and in all purchases of bonds or certificates hereby directed to Ije made, the Treasurer shall give the preference to the overdue debt of the State, and the Comptroller and Treasurer may at any time require the said overdue debt or some class thereof, which can be regulated and accurately described, to be pre- sented at the place where made payable for payment, by giving not less than thirty days' notice to tlie holders of such overdue debt, that on a day named in said notice, interest on said overdue del:)t, or class thereof, wdll cease, and if said bonds or certificates, so overdue and particularly described in said published notice, be not presented for payment by said day, the payment of interest on the same shall cease, and no further payment ot interest on the same shall be made. If Overdue Bonds a/re not Procurable^ Treasurer may Invest. Sec. 5. If the overdue bonds or certificates of the State shall not be jjrocuraljle in sufficient amounts, the Treasurer may invest the sum or sums required by this Act in any bonds or certificates of the State, ■which may be offered for sale at the best rates possible for the State, and all such bonds or certilicates maturing at some future day, as may be purchased in pursuance of this Act, shall be canceled by the Trea- surer in the presence of the Comptroller, by writing the word "Can- celed" across the face of said bonds or certificates, with the date of said cancellation in red ink, and signing the name of the said Trea- surer thereto, also in red ink ; and said bonds or certificates shall then be held by the Treasurer to the credit of the sinking fund, and the in- terest thereon shall accrue to said fund until such time as the General Assembly may dispose of the said bonds or certificates. 218 THE STATE TREASURER. Comptroller to Draw Warrant to Pay. Sec. 6. The Comptroller is hereby directed to draw his warrant on the Treasurer for the payment of the bonds or certificates so taken up or purchased under the provisions of this Act. Repealed. Sec. 7. All laws or parts of laws inconsistent with this Act, are hereby rej^ealed. OFFICERS OF THE TREASURY DEPARTMENT, From its Reorganization under the Constitution of 1851. Comptrollers. Philip Francis Thomas, of Talbot County, from 18th December, 1851, to 20th April, 1853. Henry E. Bateman, of Talbot County, ajipointed from 20th April, 1853, to 11th January, 1854. AVilliam Pinkney Whyte, of Baltimore City, from 11th January, 1854, to 0th January, 1856. "William Henry Pumell, of Worcester County, from 9th January, 1856, to 8th May, 1861. Dennis Claude, of Annapolis, appointed 8th May, 1861, to 17th July, 1861. Abrani Lingan Jarrett, of Harford County, from 17tli July, 1861, to 8th January, 1862. Samuel Snowden Maffitt, of Cecil County, from 8th January, 1862, to loth January, 1864. Henry Hollyday Goldsborough, of Talbot County, from 13th Janu- ary, 1864, to 26th November, 1864. Robert J. Jump, of Caroline County, from 26th November, 1864, to January 9th, 1867. William J. Leonard, of Worcester County, fi-om January 9th, 1867, to January 17th, 1870. Levin Woolford, of Dorchester County, fi-om January 17tli, 1870. Treamrers. James S. Owens, of Anne Arundel County, from 24th February, 1852, to 24th February, 1854. Dennis Claude, of Annapolis, from 24th February, 1854, to 14th February, 1860. Sprigg Harwood, of Anne Arundel County, fi'om 14th February, 1860, to 4tli February, 1862. Robert Fowler, of Baltimore County, from 4th February, 1862, to February 10th, 1870. John Merrvmun, of Baltimore County, fi-om February 10th, 1870, to February 10th, 1872. John W. Davis, of Baltimore City, from February 10th, 1872, SUNDRY OFFICERS UNDER THE CONSTITUTION. Constitution. — Article YII. The provisions relating to the following officers, are published in the order in which they appear in the Constitution ; with the exception of "The County Conuuissioners," which is given under the heading of "The County Officers." THE STATE LIBRARIAN. Constitution. — Article VII, Section 3. The State Librarian is apiwintcd under the Constitution, Article 7, Section 3, as follows : Librarian Appointed hy the Governor. Sec. 3. The State Librarian shall be appointed by the Governor by and with the advice and consent of the Senate, and shall hold his of- fice during the term of Governor, by whom he shall have been ap- pointed, and until his successor shall be appointed and qualified. His salary shall be fifteen hundred dollars a year, and he shall perform such duties as are now, or may hereafter be prescribed by law, and no appro])riation shall be made by law, to pay for any clerk, or assistant to the Librarian ; and it shall be the duty of the Legislature, at its first session after the adoj^tion of this Constitution, to pass a law regulating the mode and manner in which the books in the library shall be kept and accounted for by the Librarian, rpquiring the Librarian to give a bond, in such penalty as the Legislature may prescribe, for the proper discharge of his duties. Lec/islatine Committee to Examine Contracts^ Accounts, &e. By Const., Art. 3, Sec. 24, the joint standing committee of the Sen- ate and House is to examine the jjurchases and expenditures for the liltrary and report thereon. Term of Office. By Const., Art. 15, Sec. 9, it is provided that the term of office of the State Librarian shall commence from the time of his appointment. DUTIES OF LIBKARIAN UNDER THE GENERAL LAWS. The duties of the State Librarian under the General Laws are pre- scribed by Article 55, as follows ; Oath of Office. Sec. 1. The State Librarian shall take and subscribe before the Governor, the oaths prescribed by the Constitution. 220 THE STATE LIBKARIAN. To give Bond, &g. Sec. 2. He shall give bond to tlie State of Manland, in such sum and with such security, as the committees of the Senate and House of Delegates on the library, approved, for the safe keeping of the books, maps, documents and furniture of the library, and for the faithful dis- charcre of his trust, acconling to such regulations as shall from time to time be established as herein directed ; which bond shall be dejiosited in the Executive chamber. Governor to Fill Vatancy. Sec. 3. In case of the death, disqualification, resignation or remov- al from the State, of the Librarian during the recess of the General Assembly, the Governor shall fill the vacancy. The State Library Rooms. Sec. 4. The State Library shall be kept in that part of the State house heretofore assigned and used for the purpose. WTio may Take Out BooJcs. Sec. 5. The Librarian shall no+ allow any book, map or document, to be taken out of said liljrary, except by the Executive, the members of the General Assembly, and the Judges of the Court of Appeals. To have Journals and Documents Bound — How Distributed.. Sec. 6. He shall have bound, the laws, journals and documents of the General Assembly, and shall distribute and forward the same, when bound, under the direction of the Governor, to the persons en- titled by law to receive the same, that is to say : To the Governor one copy of each. To the Comptroller, Treasurer «nd Commissioner of the Land Office, and Superintendent of Labor and Agriculture, each, one copy of the Laws. To the Court of Appeals, one copy of the Laws for the office of the Clerk, and one copy for each Judge. To the library of Congress, two coj^ies of Laws, Journals and Docu- ments. To the Executive Department of each State and Territory of the Union, one copy of the laws, documents and journals. To the Directors of the Penitentiary, one copy of the Laws. To the Mayor and City Council of the city of Baltimore, two copies of the Laws. To the Chief Judge and each of the Associate Judges of the Su- preme Bench of Baltimore city, one copy of the Laws. To the Clerks of the SujDerior Court, Court of Common Pleas, Cir- cuit Court, Criminal Court, and City Court, e-ich, one co])y of the Laws, and three copies of the Joiu-nals and Documents for tlie insijec- tion of the citizens. To the Register of AVills of Baltimore city, one copy of the Laws. To each Judge of the Orphans' Court, one cojjy of the Laws, and one cojiy for the office. To each Justice of the Peace, in and for Baltimore city, one copy of the Laws. To the Clerks of the Circuit Courts in the several counties, one copy of the Laws for office use, and three copies of the journals and docu- ments for the inspection of the citizens. THE STATE LIBUAKIAN. 221 To each of the Associate Judges of the several circuits, except the eighth circuit, one copy of the Laws. One copy of the Laws, Journals and Documents, for each member of the General Assembly. One cojjy for the otHce of the County Commissioners. One copy for each Judge of the Or])hans' Court. One copy for each Justice of the Peace, in and for their respective counties : the said copies to be delivered bv the Clerks of the Circuit Courts and the Clerk of the City Court of Baltimore city.— 1868, ch. 387. Remaining Copies, How Dixjjosed of Sec. 7. The remaining copies of the Laws, Journals and Documents, shall be suliject to the disposition of the Committee appointed by the 17th section of the Act of 1870, chapter 272. May Furnish Surplus Copies to PuUic Libraries. Sec. 8. The Librarian shall deliver to each public circulating library or library association, which may make a))])lication therefor, one copy of the Laws, Journals and Documents; Provided, that there be at the time of the application, more than fifty copies of the volume applied for in the Library. The Maryland Reports — How Di-ntributed. Sec. 9. The Maryland Reports shall be distributed by the Librarian, in the following manner, that is to say: To the Court of Appeals, two copies for the othce, and one for each of the Judges thereof To each of the Associate Judges of the Circuit Courts of the seve- ral counties, to the Chief Judge and the Associate Judges of the Court of the Supreme Bench of Baltimore city, one copy each for the use of their respective offices. To the Clerks of the Circuit Courts for the several counties, and of Baltimore city ; and the Clerk of the Superior Court of Baltimore city, the Clerk of the Court of Common Pleas, the Clerk of the City Court of Baltimore, and the Clerk of the Criminal Court of Baltimore, one copy each. To the Registers of Wills, throughout the State, for the use of the Registers of Wills and Orphans' Court, one copy. To the Commissioner of the Land Office, one copy. To the Executive Chamber, one coy\. To the Superintendent of Labor and Agriculture, one copy. To the Library of Congress, two copies. To the General Assembly, eight copies. To the Executive Department of each State in the Union, one copy. — 1868, ch. 'iHl. Rules and Regvlotions for Seenrity of Public Buildings. Sec. 15. The Librarian shall prepare a system of rules and regula- lations for the more efl'ectual ser-urity of the public buildings within the State house circle, and for the government of the watch when on duty ; and the watchman, when on duty, shall execute the same, on pain of removal from office for neglect of duty. Permanent Library Committee — Their Duties. Sec. 17. The Hon. George Brent, Associate Judge of the Court of Appeals, J. Shaff Stockett, State Reporter, and Arthur W. Machen, of 223 THE STATE LIBRARIAN. Baltimore, be and they are hereby appointed a Committee, to serve without compensation, with full power and authority to examine into tlie condition of the State Library, and to select some competent per- son to prepare, under their direction and supervision, a catalogue of the books, maps, &c., beloncjing to said Library, and to have two iiundred copies of the same printed; and the person selected to jjre- pare such catalogue, sliall also prejDare a list of such books as may be properly removed from the Library room, and stowed elsewhere in some safe and convenient place, and also such others as in his judg- ment as may be advantageously disj^osed of by sale or otherwise, which disposition the Committee is hereby authorized to make, as may be deemed by them most expedient ; should such books, how- ever, be sold, the proceeds arising therefrom, shall be expended in the purchase of othc r books, to be selected by the Committee, for the incre;ise of the Library, and the Committee shall purchase, from time to time, such books and maps, for the augmentation of the Library, as in their judgment may be deemed advisable, and they shall have the Library room refurnished and refitted ; and the sum of three thousand dollars is herel»y ai)propriated to defray the expenses of carrying out the pro- visions of this section, and the said Committee, or a majority of its members, may draw on the Treasurer, from time to time, for such sums as may be necessary, not to exceed the appropriation hereby made, ttnd the sum of five hundred dollars shall be appropriated annually, lor the purchase of books and maps, for the augmentation of the Li- bray, to be expended under the direction of said Committee. — 1870, ch. 273. Committee to Establish Bides for Library — Court of Appeals to Fill Vacancies in Committee. Sec. 18. The said Committee shall establish such rules and regula- tions reliitive to the State Library, as to them may seem proper, and may alter and amend the same, from time to time ; Provided, such rules and regulations be not inconsistent with laAv. And in event of a vacancy occurring in said Committee, by resignation or otherwise, the same shall be immediately notitied by the remaining members to the Court of Appeals of Maryland, who are hereby authorized and re- quired to fill said vacancy forthwith. — 1870, ch. 273. Limiting Stationery Furnished Members. It shall not be lawful for the State Librarian to furnish any mem- ber or officer of the General Assembly an amount of stationery to ex- ceed twenty-five dollars ; and that any member or officer may, at elec- tion, take said amount either in stationery or money or both, to said amount.— 1808, ch. 70. The Peabody Institute. The Librarian is to send to the Peabody Institute of Baltimore city, a copy of every volume of the laws, journals, reports, and other pub- lications of the State, of which there are dui)licates in the Lil)rary, and to continue to suj^ply the same to said Institute hereafter. — 1872, ch. 444. Note. — See case of Silver vs. Magruder, decided by Court of Ap- l)cals, in 1870, as to term of Librarian, and power of appointment by Governor ; also, 5 Md. 423.— 1856, ch. 314. THE COMMISSIONER OP THE LAND OFFICE, Constitution, Article VII, Sections 4 and 5. The duties of the Commissioner of the Land Office, under the Con- stitution, Article 7, Section 4, are as follows : Appointed hy the Governor — His Duties — His Salary, $1500 — to Bejx/rt His Fees Semi-Annually. Sec. 4. There shall be a Commissioner of the Land Office, who shall be ap)>ointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office during the term of the Governor, by whom he shall have been appointed, and until his successor shall be appointed and qualified. He shall perform such duties as are now required of the Commissioner of the Land Office, or such as may here- after 1)6 prescribed by law, and shall also be the keeper of the chan- 'cery records. He shall receive a salary of one thousand five hundred dollars per annum, to be paid out of the Treasury, and shall charge such fees as are now, or may be hereafter fixed by law. He shall make a semi-annual report of all the fees of his office, both as Commissioner of the Land Office, and as keeper of the chancery records, to the Comp- troller of the Treasury, and shall pay the same semi-annually into the Treasury. To Collect and Chssify all State Papers. Sec. 5. The Commissioner of the Land Office shall also, without ad- ditional compensation, collect, arrange, classify, have charge of, and •safely keep all pa]>ers, records, relics, and other memorials connected with the early history of Maryland, not belonging to any other office. To Notify tTie Attorney General. Constitution, Art. 5, Sec. 6. It shall be the duty of the Commis- sioner of the Land Office, whenever a case shall be brought into said (•ourt, in which the State is a party or has interest, immediately to notify the Attorney General thereof [The office of Commissioner of the Land Office was created by the Constitution of 18oL The duties of the office had jjreviously been fulfilled by the Chancellor of the State, who acted as .Judge of the Land Oflice, and as register and examiner general, which three offices are now consolidated in one office.] DUTIES OF THE COMMISSIONER OF THE LAND OFFICE, UNDER THE GENERAL LAWS. The duties, &c. of the Commissioner of the Land Office, are pre- scribed by Article 54, of the Public General Laws, as follows: The Office a Court of Record. Section 1. The Commissioner of the Land Office is hereby declared to be a Court of Record, with the same power to preserve order, pun- ish contempts, and enforce obedience to his orders and adjudications as are possessed by anv other Court of Record. 15 ' 334 THE COMMISSIONER OF THE LAND OFFICE. May Summon Witnesses. Sec. 2. The snid Commissioner may issue summons for witnesses to testily in cases pending beibre him, and may comjDel their attendance, and may order depositions to be taken in writing on reasonable notice to the opposite party to be used in such cases. To Keep -a Docket of Disputed Cases. Sec. 3. He shall keep a docket in the form of the dockets used in the Courts of Equity, of all disputed cases aflfecting the title to land, transcripts of which shall be evidence of the proceedings thereon. All Papers Filed to ie Recorded. Sec. 4. All papers filed in disputed cases affecting the title to lands shall, with the proceedings, adjudications and orders of the Commis- sioner of the Land Office, be duly recorded. Fees the Same as Clerhs of Courts. Sec. 5. The Commissioner of the Land Office shall be entitled to the same fees for recording such papers and proceedings as the Clerks of Circuit Courts are for similar services. To Keep a Seal. Sec. 6. He shall keep a seal, and all process relating to proceedings in the Land Office, shall issue under the seal of the Land Office, at- tested by the Commissioner. Bond $2000. Sec. 7. He shall give bond to the State of Maryland, with security to be approved by the Governor, and kept in the State Deparment, in the penalty of two thousand dollars, for the faithful performance of the duties of his office. To Account Semi- Annually for Receipts. Sec. 8. All moneys payable to the State on account of the public lands, shall be paid to the Commissioner of the Land Office, whose receipts therefor shall be a good acquittance to the party paying the same; and the said Commissioner shall keep an account of all such payments in a book kept for the purpose, and shall account semi- annually, with the Comptroller, on oath, and pay over to the Treasurer all such moneys so received, first deducting therefrom twenty-five per centum as a compensation for his trouble. To Record Certificates and Issue Patents. Sec. 9. He shall record all certificates that may be returned to the Land Office, and issue patents thereon as soon as they are ready for patents. British Conf seated Lands. Sec. 10. Upon application in writing of any person claiming to be entitled to any of the British confiscated lands, sold by the commis- sioners appointed under the authority of this State to preserve and sell British coiitiscated pro])erty, the title to which still remain in the State, and praying that title tliereto may be granted to him, and upon satisfactory proof submitted to the Commissioner of the Land Office, that such applicant is entitled to receive title thereto, the said Com- missioner sliall issue a patent for such land to the pei'son appearing to him to be entitled thereto. THE COMMISSIONICU OF THE I,AND OFFICE. 325 Applications for Patents to be Advertised. Pkc. 11. Before issuinsj any pivtont under the prei^edinfj section, the cakl Commissioner shall t)r(ler the i)arty ap))l.ving therefor to cause to be inserted in one or more newspapers puljlished in the county or city where the hind lies, if there be a newspaper published therein, at least once a week for three successive weeks, an advertisement settiuji forth the object of the application and describing therein, by metes and bounds and such other description of the land for which the pat- ent is sought, so that the land may be known, and also particularly describing the claim of the ajiplicant for such patent, and containing a notification of the day and liour on which the applicant will ajjply to the Commissioner to issue such patent, which day shall be at least sixty days from the day of filing the application, and warning all par- ties interested to appear before said Commissioner on the day and hour therein designated to show cause, if any they have, why such patent shouhl not be issued. * Objections to he Filed in Writing. Sec. 12. If no person appears to contest the said application on the day so appointed, a patent ?hall issue to tlie applicant, but if opposi- tion be made to tlie issue of such ])atent, the party or parties making such opposition shall, by a day to be designated by the Commissioner of the Land Office, not exceeding thirty days, file in the Land Office their objections in writing to the issue of said patent. To Hear the Case Ex Parte if Parties Do Not Appear. Sec. 13. The said Commissioner shall fix some day, not less than ten nor more tlian twenty (hiys after the objections arc filed, to hear such application, and shall tl-.en hear the respective parties if they ap- pear before him. and if not. lie sliall proceed to determine ex parte tlu^ rights of the ])arties claiming to be interested, and shall within thirty days after such hearing decide in favor of, or reject, the application, as to him shall seem right and proper, filing his reasons therefor in writing. To Determine Validity of Sui'veys, <&c. Sec. 14. The said Commissioners shall have full power and author- ity to hear and determine all disputes which may arise concerning the validity of surveys made under warrants or orders issued by him; and also all disputes concerning the issuing of patents, and in all dis- putes that come before him he shall have full power to decree there- on according to equity and good conscience, and the principles estab- lished in Courts of Equity. If Interested.! Another Person to Hea/r the Case. Sec. 15. In any matter pending in the Land Office in which the Commissioner for the time being may have been counsel, may be in- terested or related to the parties, and on that account incompetent to act, he shall certify the same in writing to the .Judge of the Second Judicial District, who shall thereupon hear and decide such case, or appoint some person to do so, which decision shall have the same ef- fect and be liable to the same incidents as the decision of the Com- missioner of the Land Office. 226 THE COMMISSIONER OP THE LAND OFFICE. Va-mnt Land may he Taken Up, &c. Sec. 16. Any vacant land, whether cultivated or uncultivated, and any land which has escheated by i eason of the last owner in fee sim- ple dying intestate thereof, anci without heirs, may be taken up by any person not an alien, by complying with the provisions herein contained. How to Take Up Escheated Lands. Sec. 17. Any person desiring to take up vacant land or lands which have escheatecl, sViall obtain a warrant from the Commissioner of the Land Office, directed to the Surveyor of the county where the land lies, requiring him to survey the same, and return a certificate of sur- vey to the Land Office within one year from the date of the warrant, and such warrant may be in the form heretofore used in the Land Of- fice, and may be either a common warrant, a special warrant, a war- rant of resurvey, a proclamation warrant or an escheat warrant, which- ever may be suited to the case of the party applying for the same. — 1861, ch. 3. Wan-ants of Survey. Sec. 18. If the vacant land or lands which has escheated, lies part- ly in one county and partly in another the warrants to survey the same may be directed to and executed by the Surveyor of either county. Hoi^o to Obtain a Common Warrant. Sec. 19. Any person may obtain a common warrant, special war- rant or proclamation warrant, by applying to the Commissioner of the Land Office, and paying him, (unless the land lies in Allegany or Washington counties,) the sum of twenty-five cents per acre for each acre mentioned in such warrant and if the land lies in Allegany county, the sum often cents per acre, and if the land lies in Washing- ton county, the sum of twelve and a half cents per acre. — 1861, ch. 3. Way-rants of Resurvey. Sec. 20. Any person being the owner in fee simple of any lands, may obtain, by ai)pIication to the Commissioner of the Land Office, a warrant of resurvey. to resurvey said land, whether the same consist ffER OF THE LAND OFFICE. Certificates of Survey to te Returned icitJdn One Year. Sec. 2fi. Every certificate of survey shall be returned to the Land Office witliin one year from the date of the warrant, but a warrant may be renewed within a year Irom its date, Ijut not to affect the rights which any other person may have acquired in the meantime ; this not to apply to escheat w^arrants. — 1861, ch. 3. Certificates of Survey Recorded. Sec. 30. All certificates of survey returned under this article, shall be examined by the Commissioner of the Land Office, and, if found to be correct, shall be by him recorded; and, if found to be incorrect, he shall return them to the Surveyor returning the same, or to some other Surveyor, as he may order and direct, ordering such Surveyor to cor- rect such certificate, and a corrected certificate shall be returned to the Land Office within one year from the date of such order. When a Person is Entitled to a Patent. Sec. 31. If a certificate of survey sliall be returned within the time herein prescribed, and shall be found to be correct, and the whole com- position or purchase money has been j^aid, and such certificate has laid six months in the Land Office, and no caveat has been entered thereto, the person having such certificate returned, his assignee, de- visee or lieirs, shall be entitled to a patent thereon ; or, if the certifi- cate is released by adj"dication or by the operation of law from the efiect of the caveat, a patent shall issue thereon as if no caveat had been filed. Caveats to he Heard within Ticehe Months. Sec. 32. Every caveat shall be heard and determined by the Com- missioner of the Land Office, within twelve months from the entering of the same, unless he shall, under special circumstances, give further time to the p.irties. Commissioner to Award Costs, d:c. Sec. 83. The Commissioner of the Land Office shall have full jDower at his discretion to award costs to the party prevailing, on the de- cision of any caveat. Patents to he Signed hy the Governor. Sec. 34. All patents shall be signed by the Governor, and have af- fixed thereto the Great Seal of the State ; and the Governor, on the presentation to him of a patent by the Commission demand, deliver the same to the owner or Wreckmaster. or to such other per- son as shall be authorized by either of them to receive the sane, or shall be liable to pay four times the value, to be recovered with costs in any court in this State. Penitentiary Offence. Sec. 161. If any person shall make, or assist in making, a hole in any vessel in distress, or steal any pump, materials or goods from any 236 THE WRECKMASTEB. vessel, or shall willfully do any thing tending to the immediate loss of such vessel, he shall be guilty of felony, and on conviction, shall be sentenced to the penitentiary not less than live nor more than hfteen years. Fraud or Willful Neglect, how Punished. Sec. 162. If any Wreckmaster shall, by fraud or willful neglect, abuse the trust reposed in him, he shall, upon conviction, forfeit and pay four times the damages to the party aggrieved, to be recovered in any court of record ; and shall thenceforth be incapable of acting as "Wreck- master. Persons Refusing Assistance Fined $25. Sec. 163. Any person summoned by the Wreckmaster who shall re- fuse or neglect to give the assistance required for the saving of any vessel or cargo, shall forfeit and pay to the use of Worcester county the sum of twenty-live dollars, to be recovered before any justice of the peace of said county by the "Wreckmaster ; and shall be also sub- ject to the payment of the same damages, and to be recovered by the party aggrieved in the same manner, as in case of a Wreckmaster. Wreckmaster's Bond $2500. Sec. 164. The Wreckmaster shall give bond and security in the Circuit Court for said county in the sum of twenty-five hundred dol- lars lor the due and faithful performance of his office, before entering upon the discharge of the duties thereof; such bond may be taken by the clerk of said court during the recess thereof but only until the meeting of said court, who shall thereuj^on require the Wreckmaster to give new bond, and if he shall neglect or refuse to do so, the office shall be declared vacant. < PUBLIC EDUCATION". Constitution. — Article VIII. The cightli Article of the Constitution provides for a system of Pub- lic Education as follows: System of Free Schools — Ta.ration. Sec. 1. The General Assembly, at its iirst session after the adoption of this Constitution, shall by law establish throughout the State, a thorouirh and efficient system of Free Public Schools; and shall pro- vide by taxation, or otherwise, for their maintenance. The Present System to Expire. Sec. 2. The system of Public Schools, as now constituted, shall re- main in force until the end of the said first session of the General As- 3eml)ly of 18G8, and shall then expire; except so far as adopted or continued, by the General Assembly. School Fioid to he Irpt Inviolate. Sec. 3. The School Fund of the State shall be kept inviolate, and approjiriated only to the purposes of education. PROVISIONS OF THE PUBLIC GENERAL LAWS. The Act of 1872, cliapter 377. provides a general system of Free Public Schools for the State of Maryland, and repeals all laws incon- sistent therewith, and all Acts passed since the adoption of the Code, relating to schools, &c. It also provides that the Act shall be added to the Code of Public General Laws, under the title of "Public Educa- tion," as follows : Chapter I. — Supervision. State Board of Education. Sec. 1. Educational matters affecting the State and the general care and sui)ervision of Public Education shall be entrusted to a State Board of Education. County School Commissioners. Sec. 2. Educational matters aflfecting a county shall be under the control of a Board of County School Commissioners. District School Trustees. Sec. 8. Educational matters aflectin£r a school district shall be un- der the supervision of a Board of District School Trustees. Chapter II. — Formation of Boards. Governor to Appoint State Board of Education. Sec. 1. The Governor, by and with the advice and consent of the Senate, shall appoint at the present session of the General Assembly of Maryland, and at every regular session thereafter, from among the ,238 PUBLIC EDUCATION. Presidents and Examiners of the several Connty Boards, four persons, (one oi Avliom sliall l)e a resident of the Eastern Shore,) who, toijcther with the Principal of the State Normal School, sh^U constitute the '•State Board of Education." Circuit Judges to Appoint Gotinty School Commissioners. Sec. 2. The Board of Cf)unty School Commissioners shall be com- posed of three persons, appointed l)y the Judges of the Circuit Courts, to serve for two years from the first day of January next succee'iing said appointment and until their successors shall qualify ; Provided, that in counties having over one hundred schools five perscms shall be appointed. District School Trxistees Apjwinted iy School Commissioners. Sec. 3. The Board of District School Trustees shall be composed of three persons, who shall be appointed by the County School Commis- sioners on the first day of May, or at their first meeting thereafter in each year. Chapter III. — Duties of the State BoAnD op Education. Times of Meeting. Sec. 1. The State Board of Education shall hold regtilar meetings on the last Wednesday in May, August, November and February of every year, and special meetings as occasions may require. Office Located. Sec. 2. The office of the Board shall be in the State Normal School. To Eeceive No SaJary, Except tlie President. Sec. 3. The members of the Board shall receive no salary, but actual expenses incurred in attending meetings of the Board, and they are authorized to employ clerical assistance when necessary ; the Treasu- rer, upon the warrant of the Comptroller, is hereby authorized to pav tlie President of the Board such amount, not exceeding one thousand dollars per annum, as be shall show to be due for these necessary ex- penses. Duties of State Board. Sec. 4. The State Board of Education shall, to the best of their ability, cause the provisions of this law to be carried into efi"ect, and nuiv, if necessary, institute legal proceedings for that purj^ose, with the'direction and advice of tlie Attorney General; they shall explain Ihe true intent and meaning of the law, and they shall decide, without expense to the y^arties concerned, all controversies and disj^utes that may arise under it. To have General Care and Supervision. Sec. 5. They shall have the general care and supervision of the Public School interests of tlie State; shall act as assistants and ad- visers of the various County Boards; and shall from time to time is- sue circular letters to teachers and commissioners on toj^ics connected with the administration of Public Schools. Uniformity in Reports. Sec. 0. In order to insure uniformity in the statistical reports of the Public Schoola, they shall issue a uniform series of blanks for the use PUBLIC EDUCATION. 239 of teachers and of County Boards, and shall require all accounts to be kept and returns to oe made according to these forms. To Examine Candidates for County Examiner. Sec. 7. They shall, when requested by the Board of County School Commissioners, examine candidates for the office of County Examiner. and give a certiticate of qualification. To Grant Certificates to Teachers. Sec. 8. They may grant to teachers of long experience and estab- lished reputation professional certificates, which shall be valid until revoked for cause. Trustees Ex- Officio of Normal School. Sec. 9. The State Board of Education shall be, e.r-officio, trustees of tlie State Normal School ; and the Principal of the State Normal School shall be, ex-officio, a trustee of the State Agricultural College. All Schools, d-c, to Report Annually. Sec. 10. All schools and colleges receiving any State donation shall' make a report, on or before the fifteenth day of November in each year, of such matters and in such form as the State Board of Educa- tion shall require ; and said rejjorts, or an abstract therefrom, shall be published by the President of the Board in his annual school report. Chapter IV. — Duties of the County Schooi. Commissioners. V/hen and How Organized., &c. Sec. 1. The Board of County School Commissioners shall meet for organization, on the first Tuesday in January next succeeding their appointment, or as soon thereafter as may be, and elect a person not a member of the Board, who shall serve as Secretary, Treasurer and Examiner; and notice of such election, sisrned Vjv the President of the Board, shall be transmitted to the Comptroller; Provided, that in coun- ties having more than eighty-five schools, the Board may at their dis- cretion appoint one assistant examiner and fix his salary. The Board shall meet once in every school term, and at other times if necessary, for the transaction of business; each commissioner shall receive per day for each day of his attendance at the Board, or on committees ap- pointed by the Board, such pay as is allowed the County Commission- ers in the several counties of the State; Provided, that the aggregate amount paid in one year to commissioners as per diem, or any other compensation, shall not exceed an average of one hundred dollars for each commissioner. The Board, a Body Corporate. Sec. 2. The Board of County School Commissioners is hereby de- clared to be a body politic and corporate, by the name and style of the Board of County School Commissioners of county, and by that name shall have perpetual succession, and shall be capable to sue and be sued, to have and use a common seal, and the same at their pleasure to alter or break, and to exercise all the powers and privi- leges hereby granted to or vested in them, and every County School Commissioner shall have power to take affidavits and administer oaths in all matters pertaining to public schools, but without charge or fee. 16 340 PUBLIC EDUCATION. All School Pi-operty Vested in t?ie Board. Sec. 3. All the property, estates, efiects, money, funds, claims and State donations now vested by law in the public school authorities of any county, for the use and benefit of public, primary, free or high schools, are herel)y transferred to and vested in the Board of County School Commissioners and their successors in office. To have General Supervision and Control. Sec. 4. The Board of County School Commissioners shall have the general supervision and control of all schools in their respective coun- ties; they shall build, repair and furnish school-houses; they shall fix the salaries of teachers ; they shall purchase and distribute text books, and shall j^erform such other duties as may be necessary to secure an efficient administration of the public school system, subject to the provisions of this law. How School Tar and Fund is to te Applied. . Sec. 5. The State school tax and free school fund are primarily in- tended, under this Act, to pay the salaries of the teachers of the sev- eral counties, and to provide school books and stationery for the chil- dren of the State. If, however, in apportioning the said State school tax among the difl!'erent counties and the city of Baltimore, the share '^f any county should prove inadequate for the purposes aforesaid, then the County Commissioners of such county are hereby authorized, em- powered, directed and required to levy and collect such a tax upon the assessable property of such county as the Board of County School Commissioners shall designate as sufficient to make good the deficien- cy ; Provided, said tax shall not exceed ten cents in the hundred dol- lars, unless the County Commissioners shall approve and sanction an additional tax. The taxes so levied and collected shall be paid quar- terly, on the day fixed for the payment of the State school tax to the several counties; but the proceeds from special taxes may be paid oftener, upon the order of the Board of County School Commissioners to the Treasurer of the said Board of County School Commissioners, in order that the schools of said counties may be kept open for the time herein set forth, and said tax shall be levied and collected as other taxes. Any sums of money which mav have been specially col- lected or levied on any election or school-house district, for education- al purposes connected with these districts, shall be collected for and a])])licd to the purposes so intended originally, and shall be used for no other purpose ; and if said funds have been used otherwise they shall be returned and applied as albresaid. May Appoint Committee to Divide County into School Districts, &c. Sec. 6. In all cases where the county has not been properly divided into school districts, and full records of the boundaries thereof have not been made and reccjrded, the Board of County School Commis- sioners shall appoint a committee, if, in their opinion, they deem it necessary, consisting of three persons of intelligence and sound judg- ment, who shall divide the county into suitable school districts, de- fine and describe the Ijoundaries of each ; Provided, that no school dis- trict shall contain a greater area than four miles square, unless a part of it be located in a thinly settled r''gion. In the formation of the school districts, the committee shall take into consideration the most rUliLIC EDUCATION. 241 suit.il)le site for the school-house, the general features of the countrj', and shall make each school district of such size and form as will best accommddate the po])n]ation within its bounds. The committee shall make an accurate dcscrijjtion of the bounds of the school districts, accompanied by a plat, and shall report the same to the Board of County School Commissioners, who shall thereupon give notice in all the newspapers of the county at what time they will meet to hear ap- l)lications for a change of boundaries, which applications shall I;o made, in writing, and within two months from the date of the first pul)lication of such notice. When the api)lication shall have been made and considered, the Board of County Sc;hool Commissioners may then change the boundaries of school distric;ts and revise the de- scrijjtion ; or they may, without application, make such change as may l;e deemed important, or they may ratify and confirm the report of the committee. The description of the l>oundaries of school dis- tricts shall he recorded in a book kept for that purpose by the Secre- tary of the Board of Coimty School Commissioners. In those counties where no newspaper is published, the notice of application for a clianixc of boundaries shall be pul)lished in such a manner as the Board of County School Commissioners may decide. Whenever it may be necessary the Board of County School Conmiissioners shall em])loy a Surveyor to aid the committee in the performance of such duty, and they shall allow the Surveyor such compensation Utv hh services as may be ju^t and ])roper; and the committee shall receive no compensation whatever for their services. The cost of dividing the county shall be paid by the County School Commissioners out of the school fund of the county. If a county has already been divided into school districts, and it may be necessary to revise the same, the Board of County School Commissioners shall have full power to make such revision or alteration as may be necessary to accommodate the population and increase the ethcieucy of the schools. A full descrip- tion of such changes and alterations shall also be made and recorded as albresaid. To Make Annval Eepm-ts and Publish Financial Statement. Sec. 7. The Board of County School Commissioners shall, on or be- fore the lifteenth day of November in every year, make a report to the State Board of Education, in such form as may be prescribed by the latter, of the schools and all matters atTecting the educational interests of the county ; they shall also publish annually, in the month of No- vember, in such form and manner as they may deem proper, a state- ment of their receipts and disbursements, including the money received and expended on account of text books, and a statement of the in- debtedness of the Board at the close of the fiscal year, and forward a copy to the State Board of Education. Vacancies IIoic Filled — Appeal. Sec. 8. In case of the death of any County School Commissioner, or his resignation or removal from the county, or disqualification from any legal cause, the Judges of the Circuit Court of the Judicial Dis- trict where the vacancy occurs shall have power to appoint a qualified person to till the vacancy. In case of inefHciency, refusal to act, or breach of trust, the Board may, by a vote of a majority of its members, declare the office vacant, and give notice to the party concerned. An 242 PUBLIC EDUCATION. appeal may be taken to the State Board of Education, whose decision shall be final ; but if no appeal be taken within ten days the vacancy shall be filled as hereinbefore provided. No Teacher to he Commissioner. Sec. 9. No teacher in actual employment as such shall fill the posi- tion of County School Commissioner. Chapter V. — Duties op the District School Trustees. Duties of District School Trustees. Sec 1. The Board of District School Trustees shall have the care of the houses and lands connected therewith, intended for school pur- poses; also the furniture, apparatus and other school property. They shall attend to all repairs, and charge the cost among the incidental expenses of the school, to be paid out of the tax levied upon the as- sessable property of the county as herein provided for; Provided., that when rej^airs are to be paid out of a county school tax, the amount to be expended for said repairs, shall be determined by the Board of County School Commissioners before the repairs are made. The Board shall employ a teacher from among those persons who hold the certificate required by this law ; they shall exercise a general super- vision over their resj^ective schools, and visit them frequently, and shall cause instruction to be given for ten months in the year if possible. To Provide Out- Buildings. Sec. 3. The Board of District School Trustess, shall see that every school-house site is provided with suitable out-buildings. School-Houses not to be Used for Other Purposes. Sec. 8. No school-house shall be used for any other purpose than public school purposes, and school district meetings, unless by consent of the Board of County School Commissioners or a majority of them. Contiguous Portions of Districts May Combine. Sec. 4. Contiguous portions of two or more school-house districts may, with the consent of the Board of County School Commissioners, combine and form a new school-house district; and when thus form- ed, the said new school-house district shall be invested with all the rights and powers hereinbefore set forth as pertaining to such districts; Provided^ that the new school-house district thus formed, or said dis- trict from which it may be formed, shall not contain less than thii'ty- five legal resident voters. "O'' Chap. VI. — School-Houses and Sites. Commissioners to Select Sites for School-Houses. Sec. 1. It shall be the duty of the Board of County School Commis- sioners to select a suitable school-house site in each district, whenever the necessities of the public schools demand a change of site or sites already built ujjon, or a new school-house to be built. May Receive Donations of Sites. Sec. 2. The Board of County School Commissioners may receive donations of such sites or locations for school-liouses, or of houses al- PUBLIC EDUCATION. 243 ready built, adapted to school purposes or puitably located, or may purchase the same ; but in no case shall any site be built u])on, or any house be occupied, until a good and sufficient title shall have been obtained for the same, in the corporate name of the Board of County School Commissioners. Land may he Condemned for School- Houses. Sec. 3. AVhen the lands shall be required for the site of a school- house, or for enlarging a school-house lot, and the Board of County School Commissioners shall, trom any cause, be unable to contract with the owner thereof, the Board of County School Commissioners may apply for a writ of ad quod danmum to the Clerk of the Circuit Court for the county, who shall forthwith issue the same, and the Sherift' shall execute the said writ, and return an inquisition describ- ing the land and statins: the amount of damages to be paid to the owner, and the Judge of the Circuit Court for the coimty may, at any time after the return of the inquisition, in term or during recess, hear a motion to confirm such inquisition, on such notice to the parties as he may direct, and confirm or quash the same ; and if he quashes the inquisition he shall order a new one forthwith to be taken, but no lot so taken or enlarged shall exceed, in the whole, one acre, including the land occupied by the school building. How the Costa shall ie Paid. Sec. 4. In all cases when school-house sites are thus purchased or condemned, the costs thereof shall be paid as other school-house prop- eity is paid for. School-Houses — Turn Built and Furnished. Sec. 5. Every school-house shall be built and furnished according to plans and drawing issued from the office of the County School Commissioners. Chapter VII.— Schools. Schools Designated by Xumhers. Sec. 1. The schools under the charge of the Board of County School Commissioners for each county, shall respectively be designated school number one, two, three and so forth, of their respective election districts. Schools Kept for Ten Months Yearly. Sec 2. In every school-house district in each county, established as hereinafter provided, there shall be kept for ten months in each year if possible, one or more schools, according to population, which shall be free to all white youths over six and under twenty-one years of age. Wluit shall ie Taught in Schools. Sec 3. In every district school there shall be taught orthography, reading, writing, English grammar, geography, arithmetic, history of the United States and good behavior, algebra, book-keeping, natural philosophy, the constitution of the United States, the constitution of the State of Maryland, and the history of Maryland, vocal music, draw- ing, physiology, the laws of health, domestic economy shall also be taught,' whenever the Board of District School Trustees shall deem it expedient, and in districts where there is a considerable German 2-14 PUBLIC EDUCATION. population, the Board of County School Commissioners are author- ized to cause the German language to be taught if they shall think proper so to do. Wheti an Assistant may he Employed. Sec. 4. "Whenever a school numbers more than fifty children in average attendance, an assistant may be employed by the Board of County School Commissioners ; and for every additional forty chil- dren one teacher may be aj^pointed, and the Board of County School Commissioners shall direct the division of the pupils so as to form a graded school. When Schools may "be Graded and Closed., dte. Sec. 5. Whenever the number of children attending school in any school district is greater than one hundred, then the Bonrd of County School Commissioners may, with the consent of the Board of District School Trustees, establish schools of different grades, or the school district may be divided; and whenever the average attendance in any school for any two consecutive terms is less than ten pupils, then the said schools may be closed by the Board of County School Commis- sioners ; Provided, that the Board of District School Trustees may keep the school open in part at the exjjense of the district, and shall receive their proportion of the school fund for said school, rating a full school at twenty scholars. Pvhlie Examinations Twice a Year. Sec. 6. Public examinations shall be held in each school twice a year, of which due notice shall be given, that parents and others in- terested in education may attend. Six Hours for Teaching, d-e. Sec. 7. Schools shall l>e kept open each week day except Saturday, for six hours, and the hours for teaching shall be regulated by the several Boards of County School Commissioners. Penalty for DisturMng Schools. Sec 8. Any person who shall disturb any public school in session, shall, upon conviction thereof before a justice of the peace, be deemed guilty of a misdemeanor, and shall fn-feit and pay twenty dollars, to be collected as other tines, to be paid to the Board of District School Trustees for the benefit of the school-house district ; or said offender shall l)e imi)risoned not exceeding thirty days, or both, in the discre- tion of the justice of the jjeace. Four Terms a Tear — Holidays. Sec 9. The school year shall be divided into four terms, which shall be designated the Fall term, Winter term. Spring term, and Sum- mer term, and the time of beginning and closing each term shall be regulated by the Board of County School Commissioners; Provided, that the financial reports of the schools of the State shall be made up and rendered to the thirtieth day of September, inclusive, of each and every year ; and. Provided further, that there shall be no change in or encroachment upon the holidays and vacations set Ibrth and estab- lished in the following paragraph. The month of August shall be vacation throughout tlie whole State, and tiie following days shall be holidays, viz. Tiianksgiving day, from Christmas Eve to the first day January inclusive, Washington's birthday, the fourth day of July, PUBLIC EDUCATION. 245 from the Friday before Easter to the Monday after Easter, inclusive, and tlie Monday of Whitsuntide; and the remaining month of vaca- tion shall be fixed and dcsiixnuted by the Botird of County School Commissioners, to suliserve tlie convenience and advantage of their respective counties. In case it may be necessary to oj3en school for a Iraction of a term, it shall close at the end of the term, and all accounts shall be settled at the meeting of the Board of County School Com- missioners held at the close of the term. Chaptru VIII. — Teachers. Quail Jicat ions of Teachers. Sec. 1. No person shall be em))loyod as a teacher under this law unless such person shall hold a certificate of qualification issued by the Examiner of the county in which he or she proposes to teach, or from the Principal of the State Normal School a diploma as graduate of said Normal School, or certificate from the State Board of Educa- tion, as hereinbefore provided. HoiD Appointed and Removed. Sec. 2. Teachers shall be appointed by the Board of District School Trustees, and may be removed at any time said Board may think l^roper, after tliirty days' notice given to the teacher in writing, No I'eacher Paid Until Register is Returned. Sec. 3. Teachers shall enter into registers prepared for that purpose an accurate account of the attendnnce of pupils, of text books used and branches tauglit, and such otlier statistics as may be required, and make due return thereof to the Board of County School Commis- sioners at the end of each term ; and no teacher shall be entitled to receive payment for services until the register properly tilled up and comi)leted be so returned ; their report shall be tiled by the said Board for the purpose of making the annual returns to the State Board of Education. May Examine Charges Preferred Against Teachers. Sec. 4. The Board of County School Commissioners shall examine any cliarge i)referred against the moral character of any teacher with- in their county ; they shall give the teacher reasonable notice of the charge, in writing, and an opportunity to defend himself, and if the charge be sustained they shall annul the teacher's certiticate and shall give notice thereof to the State Board of Education ; Provided, that an appeal shall lie to the State Board of Education, whose decision shall be finaL When Life Certificates may he Granted. Sec. 5. Any person holding a first grade teacher's certificate, or the diploma of a respectable college, or of a State Normal School, who has been a teacher for seven years, of which five shall have been spent in the State of Maryland, may apply to the State Board of Education for a life certificate, which if granted shall exempt him from any fur- ther examinations ; said certiticate may be annulled by said Board at any time on account of immoral or unprofessional conduct. Salaries of Teachers Fixed by the Board. Sec. 6. The salaries of teachers of each county shall be fixed by the Board of County School Commissioners. 246 PCJBLIC EDUCATION. Pupils hetveen Sit and Twenty- One Years Admitted. Sec. 1. All white youth between the ages of six and twenty-one years shall be admitted into the public schools of the State, the studies of which they may be able to pursue; Provided, that whenever there are graded schools the teachers and Board of District School Trustees shall determine to which school pupils shall be admitted. Board may Suspend and Expel Pupils. Sec. 2. The Board of District School Trustees shall have power to suspend and expel pupils for cause ; Provided, that an appeal shall lie to the Board of County School Commissioners, whose decision shall be tinal. When Children may Attend Adjoining District Schools. Sec. 3. Children living remote from the school of the district in which they reside may attend school in an adjoining district, with the consent of the Boards of the resijective school districts. Every Child to 5e Vaccinated. Sec. 4. Every child, before being admitted to any public school, shall produce a certificate from a regular jjhysician that he has been properly vaccinated. Chapter X. — Text Books. No Sectarian or Partisan BooJcs. Sec. 1. School books shall contain nothing of a sectarian or partisan character. When Books are to he Changed. Sec. 2. Each Board of County School Commissioners shall adopt and purchase the text books for their respective counties, but no change shall be made in the text books at persent in use, or hereafter introduced, without having examined such as may be recommended by the State Board of Education, whose duty it is hereby made to present a list of books to the several Boards of County School Com- missioners, with their written reasons for such recommendations. Books and Stationery. Sec. 3. The Board of County School Commissioners shall authorize the delivery of books and stationery to the various schools in the county, under such rules and regulations as they may adojJt. No pupil shall be required to pay more than one dollar quarterly for use of said books and stationery ; but any pupil, on account of pecuniary inability, may be exem])ted fi'om payment by the Board of District School Trustees; Pry the Adjutant General, for the safe keeping and return of such arms and equipments, which shall remain and continue to be the property of the State, to be used for military purposes only, and which shall be returned to the State when called lor !)y the Commander-in-Chief; provided, however, that all arms, ammunition, equipments, or other supplies directed to be furnished by the Governor under the pro- visions of this Act, shall be so furnished by contracts made with the lowest responsible bidder, upon public notice, and the officer making such contracts shall certify the account with explicit vouchers, and I 1 MILITIA AND MlhlTATlY AFFAIU3. 259 transmit tlic s:uiie, countersiLTiioil and ap])roved by the Governor, to the Coni])tn'ller, l()r liiial seitlenieiit, in the mode and manner pre- scribed in the Constitution for the audit and payment of claims against the State, Officers Accountable for PuMic Property. Sec. 14. Any officer rcccivinc,^ arms and equijjments, or other public property for military use, shall be accountable for the same, and sliall not be discharged from his obligations theroibr, until he has vr.iperly accounted for said amis and equipments or other property, either by receipt from his successor in command, or some other officer autlior- ized to receive the same for the articles received by him, in good order and condition, reasonable use and wear excepted, or by satis- factory proof to the Adjutant General that any article not so accounted for has Ijeen properly expended in the service, or defaced, injured, lost, or destroyed, without any default or neglect on his part; and if lost, defaced or destroyed through the misconduct of any person, that reasonable eflbrts have been made by him to recover or prosecute for the same; and it shall be the duty of the Adjutant General to enter suit on the bond of any officer, in the name of the State of Maryland, for the value of such property as may have been defaced, injured, lost, or destroyed, after being received by him, and which has not been properly accounted for by him as aforesaid; and the officer succeeding to the command of a company shall, before being commissioned, be required to iile a bond to the State, as hereinbefore prescribed, for the sale keeping and return of all property of the State in the posses- sion of said company, upon the terms and conditions imposed upon the officer or officers by whom said property was received. Arms to he Deposited in Armory when Required. Sec. 15. All arms, equipments or other property, which may have been furnished to volunteer companies shall, when required by the commanding officers of the company, battery, battalion, squadron or regiment, be deposited in the arnmry of said company, battery, l)at- talion, squadron or regiment, and failure so to deposit as aforesaid, any article of such property by the person to whom it was issued, ten days after he shall have been notified by written notice from tlie com- manding officer as aforesaid, to return it to the armory, shall be pun- ished by a fine of not less than five nor more than fifteen dollars, to be recovered as provided in Section 11 of this Article. Malicious Injury to Arms^ dc, Punishable. Sec. 16. Whoever shall wilfully or maliciously destroy, injure or deface any arms or other article of military property belonging to the State, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding double the amount of the value of the ])roperty so injured or defaced, to be recovered on complaint of the commander of the company as provided in the preceding section, or by imprisonment in the county or city jail for not less than two weeks nor more than two months. Sale, d-c, of Arms, tfic, a Misdemeanor. Sec. 17. Whoever shall secrete, sell, dispose of, ofi"er for sale, or in any manner pawn or pledge, or receive in pawn or pledge, or buy any arms or equipments, or any part or j)arts thereof, the property of 260 MILITIA AND MILITRRY AFFAIRS. the State, sliall be deemed guilty of misdemeanor, and shall, on con- viction thereof, 1)6 punished by imjirisonment in the city or county jail for not less than six months nor more than one year, or by a fine of not less than fifty nor more than one hundred dollars, to be recov- ered as provided in the preceding sections. Arms to he Returned v,pon Disbandment. Sec. 18. Uj^on the disbandment of a volunteer comjiany which has received arms, equipments or any other property of the State, for military purposes, the commanding oflicer of such company shall be responsible for the return of the same to the custody of some duly authorized oflicer of the State, and it shall be the duty of the Adju- tant General to take the necessai-y legal proceedings in the name of the State, as provided in the preceding sections of this Article, unless the said property is properly accounted for by said commanding ofiicer, as provided in Section 14. Commanders may Appoint a Military Board. Sec. 19. The Commander-in-Chief may, from time to time, and at any time, appoint a military board of not less than three nor more than five officers, whose duty it shall be to examine into the capacity, qualification, propriety of conduct and efficiency, of any commissioned officer who may be reported as a fit subject for examination; and upon the report of such board, if adverse to such officer, and ap- proved by the Commander-in-Chief, the commission of said officer may be revoked ; provided, always, that if practicable, two members at least of such board shall have military rank at least equal to that of the officer examined ; the Commander-in-Chief may also, when in his opinion it is necessary, call boards of officers for settling military questions, and for other purjjoses of good order or discipline. Pay and Rations. Sec. 20. The Militia when called into active service shall be allowed the same pay and rations as the regular troops of the United States army ; and the rations when committed shall be fixed by the army regulations in force at the time. 3fay Bent Aivtiories, &e. — Amount of Rent. Sec. 21. The Commander-in-Chief may authorize the commanding officers of such regiments, batteries, Ijattalions, squadrons or com- panies, of the volunteer militia, duly organized and uniformed, as he shall think fit, to rent suitable and convenient places for armories and places of drill and deposit, and safe kec])ing of arms, equipments and other ])roperty, furnished by the State for military purposes to said regiments, batteries, battalions, squadrons or companies; ^jrovided, the rent to be paid per annum shall not exceed the following sums, viz. For each regiment the sum of four hundred dollars; tor each battery, of four ]Meces of artillery, the sum of four hundred dollars; for each battalion the sum of two hundred dollars; for each squadron the sum of one hundred and fifty dollars; and for each independent company the sum of one hundred dollars; provided, that no rent shall 1)6 paid for any regiment having a less number of rank and file than tliree hundred ; for any battalion having a less numl>er than one hundred and fifty; for any com])any having a less nuinl)er than ibrty, or for any squadron having a less number than eighty, of rank and MILITIA AND MILITARY AFPAIU3. 261 file, uniformed and fit for active duty, and provided that said pay- ments sliiiU he cliarf^eable only to the ap))ropriations made by law for military purposes, and the accounts shall be audited and settled at the treasury, as is now provided for contracts and exi^enditurcs for military purposes. Certificate of Memhership — Honorary Memlers — Ilendcred Accounts to Adjutant Goieral — Exempt from Jury Duty. Sec. 22. All certificates of membership of any let^ally organized volunteer company of the militia shall be signed by the commanding officer thereof, whicli certificates shall be issued on or l)efore the first day of April in each year, to such ])ers()ns 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 members, and no more, on payment in advance by each person desirous to become such luniorary member, of not less than ten dollars per annum, which said money shall be received by the com- manding ofticer of the company and be by him applied to the pay- ment of armory rent or the purchase of unifoniis for the rank and file of the active members of his company, or to such ])urposes as may be authorized by the by-laws of said company; and the commanding officer of every company shall, on or before 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 member- ship of the company, to be signed as aforesaid, and bearing date at the time of its issue; which certificates of membersliip, 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; ]r)-ovided, he files his said certifi- cate with the Clerk of the Court before the drawing of the jury. Oath of Office. Sec. 23. Every commissioned officer, non-commissioned officer and private, before he enters upon his duties, or exercises any command, shall take and subscribe, in such manner and before such person as the Commander-in-Chief may direct, the following oaths or affirma- tions, viz. I, A. B., do solemnly swear or affirm, that I will bear true allegiance to the State of Maryland, and will support the Constitution thereof— so help me God. I, A. B., do solemnly swear, or affirm, that I will fliithfully and impartially discharge and perform all the dutie* incumbent upon me, according to the best of my abilities and under- standing, agreeable to the Constitution and laws of the State of Mary- land, so help me God. I, A. B., do solemnly swear, or affirm, that I will support the Constitution of the United States and the laws made in pursuance thereof, so help me God. Certificate of Qualification. Sec. 24. The officer before whom the oath or affirmation was made shall furnish to the party making it a certificate of the following form, viz. This is to certify that A. B., commissioned as within on this day of , A. D., personally appeared and made the oaths, or affirmations, as required by the laws of the State of Maryland and of the United States, to qualify him to discharge the duties of his office before me. 262 LABOR AND AGRICULTURE. Militia, to Aid in Suppressing Riots. Sec. 25. Whenever tlie Board of Police Commissioners for tlie City of Baltimore, or the Sheritl" of any County, shall call out any portion of the Militia to aid in i^reventing threatened disorder or opposition to the laws, or in suppressing riot or disorder on election days, or at any other times, as jirovided in Section 813 of Article IV, Code of Public Local Laws, as amended by Act of Assembly of 18G7, Chapter oG7, said military force shall be deemed to be on detached service, while under the orders of the said Board or Sherifl", and the command- ing officer thereof sliall not be subject to the orders of any superior officer whatsoever, except the Commander-in-Chief. Arms to 5e Stored in State Armories, d-c. Sec. 26. All arms and equipments not issued to the ^Militia, and now on hand, shall be stored in the State Armories at Annapolis and Easton, and the Commander-in-Chief is hereby authorized to have said armories put in proper condition for the safe keeping and storage of said arms and equipments; provided, the cost thereof dops not ex- ceed the sum of one thousand dollars; and the accounts thereof shall be audited and settled at the Treasury, as is provided for contracts and expenditures for military purposes in Section 13 of this act. Twenty-five Thousand Dollai's per Annum Appropriated — Salaries. Sec. 27. The sum of twenty-five thousand dollars per annum, or as much thereof as may be necessary, is hereby approjiriated, until the next meeting of the Legislature, out of any money not otherwise appropriated in the Ti-easury of the State, to enable the Governor, as Commander-in-Chief, to carry into effect the provisions of this Article, and he is hereby authorized to apply the said hmds as \"\\\, in his judgment, best accomplish the purposes of this Act ; the salaries of the Adjutant General and the Armorers at Easton and Frederick to be included in and paid out of the aforesaid sum ; and the Comp- troller of the Treasury shall, in his report to the General Assembly, make a statement showing in detail the items of all expenditures for military purposes of said funds. LABOR AND AGEICULTURE. Constitution — Article X. Article X of the Constitution, entitled "Labor and Agriculture," ])rovided for the electicm of a ''State Superintendent of Labor and Agriculture," to hold office for four years, and j^rescribed his duties. It also provided that the office should expire at the end of ffiur years unless continued by the General Assembly. Dr. Wm. S. McPlierson, of Fref^erick County, was elected to fill the oflice, and served his term of four years. The General Assembly failed to continue the office, and it then ceased to exist. Article X of the Constitution is therefore omitted in this work. THE BOARD OF PUBLIC WORKS. Constitution — Article XII, Sections 1, 2 and 3. How Constituted, &c. Sec. 1. The Governor, tlie Cnnii^troller of the Treasury, and the Treasurer, shall constitute the Board of rublic. Works in "this State. They shall keep a journal of their proceedings, and shall hold regular sessions in the City of Annapolis, on the first AVcdnesday in January, April, July and October, in each year, and oftener. if necessary; at which sessions they shall hear and determine such matters as alVcct the Public Works of the State, and as the General Assemlily may confer upon them the power to decide. They shall Supervise the PuUic Wurl's—Vote the Stocks of the State — Appoint Directors, and Regulate the Tolls of the Canal Company. Sec. 2. They shall exercise a diligent and faithful supervision of all Public Works in which the State may be interested as stockholder or creditor, and shall represent, and vote the stock of the State of Mary- land, in all meetings of the stockholders of the Chesapeake and Ohio Canal, and shall appoint the Directors in every Railroad and Canal Company in which the State has the legal power to a])point Directors, which said Directors shall represent the State in all meetings of the stockholders of the respective companies, for which they are ap- pointed or elected. And the President and Directors of the said Chesapeake and Ohio Canal Company shall so regulate the tolls of said company, from time to time, as to produce thc'^largest amount of revenue, and to avoid the injurious eflects to said company of rival competition by other internal improvement companies. They shall require the directors of all said Public AVorks to guard the ])ublic interest, and prevent the establishment of tolls which shall discriminate against the interests of the citizens or products of this State, and from time to time, and as ofren as there shall be any change in the rates of toll on any of the said works, to furnish 'the saTd Board of Public Works a schedule of such modified rates of toll, and so adjust them as to promote the agricultural interests of the State; they shall report to the General Assembly at each regular session, and recommend such legislation as they may deem necessary and requisite to promote or protect the interests of the State in the said Public Works; they shall perform such other duties as may be hereafter pre- scribed by law ; and a majority of them shall be competent to act. To Receive no Salary. _ The Governor, Comptroller and Treasurer shall receive no addi- tional salary for services rendered by them as members of the Board of Public Works. The provisions of the Act of the General Assembly of Maryland of the year 18G7, chapter 359, are hereby declared null and void. 264 THE BOAKD OF PUBLIC WORKS. Authorized to Sell or Exchange State's Interest in certain Corporations, Conditionally — May Sell State's Interest in cei'tain other Worl~s and Banl's. Sec. 3. The Board of Public Works is Iierebj- authorized to ex- cliange the State's interest as stockholder and creditor in the Balti- more and Ohio Railroad Company for an equal amount of the bonds or registered debt now owing by the State, to the extent only of all the preferred stock of the State on which the State is entitled to only six per rent, interest, provided such exchange shall not be made at less than par. nor less than the market value of said stock, and the said Board is authorized, sul)icct to such regulations and conditions as the General Assemljly may from time to time prescril)e, to sell the State's interest in the other works of internal imjirovenient, whether as a stockholder or a creditor, and also the State's interest in any banking corporation, receiving in payment the bonds and registered debt now owing by the State, equal in amount to the price obtained for the State's said interest; provided, that the interest of the State in the Washington Branch of the Baltimore and Ohio Railroad be reserved and excepted from sale; and provided further, that no sale or con- tract of sale of the State's interest in the Chesapeake and Ohio Canal, the Chesajjeake and Delaware Canal, and the Susquehanna and Tide- water Canal Companies shall go into effect until the same shall be ratified by the ensuing General Assembly. DUTIES OF THE BOARD OF PUBLIC WORKS UNDER THE GENERAL LAWS. To Sell Certain State Stocks and Bonds. The Act of 1872, Chapter 383, Sections 5 and 6, directs the Gov- ernf)r. Comptroller and Treasurer, constituting the Board of Public Works, and acting as sucli, to effect a sale of the State Stock i" the Chesapeake and Delaware Canal Company, amounting to $81,250; and of the bonds of the Susquehanna and Tide-water Canal Company, held by the State, amounting to $1,000,000, provided the said stock and bonds can be sold at par; sale to be subject to the provisions of the Constitution. To Report Thereon to the Legislature. Also to report the sale of said stock and said bonds, or either of them, if any sale be effected, to the Legislature at its next session, or in the event of a sale not being eflected they shall report to the Legis- lature for their information, any offer they may have received, and their opinion as to the advantages of accepting such offer, and also as to the probability of eifecting a sale, and at what pric& NEW COUNTIES. CoNSTiTUTiox. — Article XIII. The Provisions of the Constitution relating to the organization of New Counties are contained in Article 13. Organizing New Counties. — To have 10,000 Inhabitants and 400 Square Miles. Sec. 1. The General Assembly may i^rovide, by Law, for organizing New Counties, locating and removing county seats, and changing county lines; but no new county shall be organized without the con- sent of the majority of the legal voters residing within the limits jDro- posed to be formed into said new county; and whenever a new coun- ty shall be proposed to be formed out of portions of two or more counties, the consent of a majority of tlie legal voters of such part of each of said counties, respectively, shall be required; nor shall the lines of any county be changed without the consent of a majority of the legal voters, residing within the district, which, under said pro- posed change, would form a part of a county dilTerent from that to which it belonged prior to said change ; and no new county shall contain less than four hundred square miles, nor less than ten thous- and white inhabitants; nor shall any change be made in the limits of any county, whereby the pojDulation of said county would be reduced to less than ten thousand white inhabitants, or its territory reduced to less than four liundred square miles. Wicomico County — Its Boundaries — Governor's Proclamation — Salisbury the County Seat. Sec. 2. At the election to be held for the adoption or rejection of this Constitution, in each Election District, in those parts of Worces- ter and Somerset Counties, comprised within the following limits, viz. Beginning at the point where Mason and Dixon's line crosses the chan- nel of Pocomoke river, thence following said line to the channel of the Xanticoke river, thence with the channel of said river to Tangier soimd, or the intersection of Nanticoke and Wicomico rivers, thence u]) the channel of the Wicomico river to the mouth of Wicomico creek, thence with the channel of said creek and Passerdyke creek to Dashield's or Disharoon's mills, thence with the mill-pond of said mills and branch following the middle prong of said branch to Mea- dow bridge, on the road, dividing the counties of Somerset and Wor- cester, near the south-west corner of the farm of William P. Morris, tlicnce due east to the Pocomoke river, thence with the channel of said river to the beginning; the judges of election, in each of said Districts, shall receive the ballots of each elector, voting at said elec- tion, who has resided for six months, preceding said election within .said limits, for or against a new county; and the return judges of said Election Districts shall certify the result of such voting, in the manner now prescribed by law, to tlie Governor, who shall by pro- 366 NEW COUNTIES. clamation make known the same ; and if a majority of the legal votes, cast within that part of Worcester County, contained within said lines, and also a majority of the legal vot^^s cast within that part ol" Somerset County, contained within said lines, shall be in favor of a New County, then said parts of Worcester and Somerset Counties shall become and constitute a new county, to be called Wicomico County; and Salisbury shall be the County Seat. And the inliabitants thereof shall thenceibrth have and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of the other counties of this State. Division of Debts and Obllgd.tions — Taxes. Sec. 3. When said new county shall have l)een so created, the in- habitants thereof shall cease to have any claim to, or interest in the county buildings, and other public property of every description, be- longing to said counties of Somerset and Worcester, respectively, and shall be liable for their proportionate shares of the then existing debts and obligations of the said counties, according to the last assessment in said counties, to be ascertained and apportioned by the Circuit Court of Somerset County, as to the debts and obligations of said county, and by the Circuit Court of Worcester County, as to the debts and obligations of Worcester County, on the petition of the County Conmiissioners of the said counties, respectively ; and the property in each part of the said counties, included in said new county, shall be bound only for the share of the debts and obligations of the county from which it shall be separated ; and the inhabitants of said new county shall also pay the county taxes, levied upon them at the time of the creation of such new county, as if such new county had not been created; and on the application of twelve citizens of the proposed county of Wicomico, the Surveyor of Worcester County shall run and locate the line from Meadow bridge to the Pocomoke river, previous to the adoption or rejection of this Constitution, and at the expense of said petitioners. Wicomico, Somerset and Worcester, each, to Elect Two Delegates. Sec. 4. At the first general election, held under this Constitution, the qualified voters of said new county shall be entitled to elect a Sen- ator and two Delegates to the General Assembly, and all such county or oth'^r officers as this Constitution may authorize, or require to be elected by other counties of the State ; a notice of such election shall be given by the Sherifl's of Worcester and Somerset counties in the manner now prescribed by law; and in case said new county shall be established, as aforesaid, then the counties of Somerset and Worcester shall be entitled to elect but two Delegates each to the General Assembly. Wicomico in First Judicial Circ/it. Sec. 5. The County of Wicomico, if formed according to the pro- visions of this Coustiiution, shall be embraced in the First Judicial Circuit; and the times for holding the courts therein shall be fixed and determined by the General Assembly. General Assembly to Garry this Article into Effect. Sec. 0. The General Assembly shall [lass all such laws as may 1)e necessary more fully to carry into ellect the provisions of this Article. ■WIC05IICO AND GARRETT COUNTIES. 267 FORMATION OF WICOMICO COUNTY. The provisions of the Constitution in relation to the formation of "Wicomico County havins: been complied \vitli at the election held September 18th, 1867, the^Qovernor, by his proclamation, made known the iact; and the General Assembly have passed the necessary laws to carry into ell'ect the 13th Article of the Constitution. FORMATION OF GARRETT COUNTY. The General Assembly of 18T2 passed an Act, (Chapter 212.) to provide for taking the vote of the people, for or against a new county in certain election districts of Allegany County, at the election to be held in the fall of 1872. The provisions of the Act and the Constitu- tion having been con!])lied with, the Governor issued his proclama- tion announcing that Garrett County had been established under the Constitution and Laws. The following is the Act of the General Assembly of 1872, Chapter 213, under which Garrett County was organized. Boundarks and. Proviso. Sec. 1. All that part of Allegany County lying south and west of a line beginning at the summit of Big Back Bone or Savage mountain, where that mountain is crossed by ]\Iason and Dixon's line, and run- ning thence by a straight line to the middle of Savage river where it empties into the Potomac river ; thence by a straight line to the nearest point or boundary of the State of "West Virginia; thence with the said l^oundary to the* Fairfax stone, shall bo a new county to be called the county" of Garrett; provided, the provisions of this Act as to taking census of the people and the area of the said new County, and the sense of the people therein, shall be complied with in accord- ance with the Constitution of this State. Duty of Judges of Election. Sec. 2. The Judges of Election in each of such districts as may be embraced by said survey, shall, at the election for President and Vice- President of the United' States in the fall of 1872. receive the ballot of each elector voting at said election, who hhs resided for six months preceding said election within said limits, for or against a new county, and the voter shall, at the same time, designate his choice for the County- Seat within said limits, and thereturn judges of said election districts shall certify the result of such voting, in the manner now prescribed liy law, to the Governor and Clerk of the Circuit Court for Allegany County, to be by him recorded in the land records of said county ; and if' a majority of the legal votes cast within that part of Allegany County contained within said lines shall be in favor of a new county, and the Governor is satisfied that the requirements of the Constitution and laws as to extent of territory and number of inhabitants have been gratified and comi)lied with, then said part of Allegany county shall "become and constitute a new county to be called "Garrett County," and the Governor shall issue his proclamation to that effect, and the inhabitants thereof shall thenceforth have and enjoy all such rights and privileges as are held and enjoyed by the inhabitants ol the other cotmties of this State. 268 GARRETT COUNTY. Inhahitants to have no Claim to County Buildings, &c. Sec. 3. When sairl new county shall have been so created, the inhabitants thereof shall cease to have any claim to, or interest in, the county buildings or other public property of every descrij)tion be longing to said county of Allegany, and shall be liable for their pro- portionate share of the then existing debts and obligations of the said county of Allegany according to the last assessment in said county, to be ascertained and apportioned by the County Commissioners of said Allegany county, and the inhabitants of said new county shall also pay the county taxes levied upon them, at the time of the crea- tion of such new county, as if such new county had not been created. To Elect a Senator and two Delegates. Sec. 4. At the iirst general election, after the establishment of said new county, the qualified voters of said new county shall be entitled to elect a Senator and two Delegates to the General Assembly, a notice of which election shall be given by the Sherift' of Allegany County in the manner prescribed by law. and the County of Allegany shall be entitled to elect but three Delegates to the General Assembly. In Fourth Judicial Circuit. Sec. 5. The County of Garrett, if formed according to the pr'^- visions of the Constitution and laws, shall he embraced in the fourth Judicial Circuit, and the time for holding the courts therein shall be the third Monday in May, and the first Monday in December, in each year. Judges to Pass Mules for Court Business. Sec. 6. The Judges of said court may pass all such rules as may be necessary for facilitating the business of the county, and such rules shall provide for transaction of equity business, and the said court for equity business shall be considered as always open. The Jury Law. Sec. 7. The jury law now applicable to Allegany County, shall be extended and applied to the new county of Garrett. To Elect County Officers at Special Election. Sec 8. The qualified voters of said new county shall be entitled to elect all such county or other officers as the Constituti(m of the State may authorize or require to be elected by other counties of the State, at a special election to be held for such officers, on the 7th day of January, in the year 1873, in each election district in said new county, a notice of which election shall be given by the Sheriff of Allegany County in the manner now prescribed 1)y law. Certain Officers to Hold Over. Sec. 9. All the justices of the peace, constables and road super- visors residing and acting within the limits of Garrett County, who rec'ived their api)ointment as such for the County of Alleg'iny, an- hereby continued in office, and their official acts shall be as good and binding in law as if they had been duly appointed and qualiliod as officers for Garrett Coimty, until their successors shall be appointed and qualified; provided, the same be not otherwise defective for reasons other than the want of jurisdiction. GARRETT COUNTY. 269 Commissioners and their Duties. Skc. 10. Tlicre sliall be tlirce county commissioners for Garrett County, who sliall have all the ])()\ver.s, and j)crtorm such duties as are now conferred by law u])on the County Commissioners for Alle- gany County, and in addition thereto may purchase land for the erec- tion of the necessary buildings for county purposes, and shall have power, from time to time, to levy such tax upon the assessable pro- perty of Garrett County as may be necessary for the erection of said public buildiuf^s, when, in tlieir judgment, the public convenience may require said buildings for the use of said county. Census Takers Appointed — Surveyor to Locate Lines. Sec. 11. James Z. Browning is hereby appointed to take the census for di-~-trict number one; Elijah M. Friend for number two; Charles Bell for number three; J. McClure Mason for number ten; "William Heinbaugh for number eleven ; D. Harrison Friend for number four- teen ; l?ali)h Thayer for numl)er fifteen ; William H. Barnard for number four; James Poland for number sixteen ; George "\V. Blocker for number five; or so much of the tliree last named districts within the lines of the proposed new county, prior to the election for Presirlent and Vice-President of the United States, in the fall of 1872. at the expense of the inhabitants of the ])roposcd new county, and sliall make return, under oath, to the Governor and the Clerk of the Circuit Court for Allegany County, to be by him recorded in the land records of said couTity, of the number of inhabitants in the lines of the proposed new county, and on ajiplication of five citizens of the proposed new county of Garrett, the county surveyor of Allegany County shall at once run and locate the lines of the proposed new County of Garrett, at the expense of said petitioners, and shall make a plat of said lines and report the same to the Governor, the County Commissioners and the Clerk of the Circuit Court for Allegany County, to be by him recorded in the land records of said county, said report to be made under oath. Prescribing Directions in Regard to Elections. Sec. 12. At the election to be held for county officers, the commis- sioners of Allegany County shall appoint three judges for each of the three districts divided by the lines of the new county, to hold the election at some convenient point in said districts, to be designated by said County Commissioners, and said Commis^sioners shall puli- lish this law, and the time and place of holding the election herein provided for by this law, in three newspapers published in Allegany County, one of wliich shall be the Glade Star, and by hand- bills, stuck uj} and circulated at all prominent places throughout the limits of the proposed new county, for at least thirty days before said election for President and Vice-President of the United States, to be held in the fall of 1872, tlie persons named in Section 11 of this Act to take the census within the limits of the proposed new county, and the registers of voters in the election districts as they now exist in Allegany County, within the limits of the proposed new county, are hereby required to circulate and stick up said handbills herein provided for; and the said county commissioners of Allegany County shall allow and cause to be paid to them a reasonable compensation for said service. 270 LIMITATION OF SALARIES. CONSTITUTION, ARTICLE XIV. The XlVth Article of the Constitution providing for amendments to the Constitution by the General Assembly, is published under the heading '■'LegisloAke Departraent^'''' page 70. CONSTITUTION, ARTICLE XV. MiSCELLANKOUS. Certain Officers to malce Annual Return of Fees to Comptroller — All in excess of $3000 to l>e paid to the State. In Default thereof Governor to Declare the Office Vacant. Sec. 1. Every person holding any office created by, or existing under, the Constitution or Laws of the State, (except justices of the peace, constables and coroners,) or holding any appointment under any court of this State, whose j^ay, or compensation, is derived from fees or moneys coming into his hands lor the discharge of his official duties, or in any way growing out of, or connected with, his office, shall keep a book in which sliall be entered every sum or sums of money received by him, or on his account, as a payment or compensa- ti(m ibr his performance of official duties, a copy of which entries in said book, verified by the oath of the officer, by whom it is directed to be kept, shall be returned yearly to the Comptroller of the State for his inspection, and that of the General Assembly of the State, to which the Comptroller shall, at each regular session thereof, make a rei^ort, showing what officers have complied with this Section; and each of the said officers, when the amount received by him for the year shall exceed the sum which Vjy lav\' he is entitled to retain as his salary, or compensation for the discliarge of his duties, and for the ex- penses of his office, shall yearly pay over to the Treasurer of the State the amount of such excess, subject to such disj^osition thereof as the General Assembly may direct; if any of such officers shall fail to comply with the requisitions of this Section, for the jDcriod of thirty days after the exjjiratiou of each and every year of his office, such officer shall be deemed to have vacated his office, and the Govei-nor shall declare the same vacant, and the vacancy therein shall be filled as in case of vacancy for any other cause ; and such officer shall be subject to suit by the State tor the amount that ought to be jiaid into the Treasury ; and no i^erson holding any office created by, or exist- ing under, this Constitution or Laws of the State, or holding any ap- })ointment, under any Court in this State, shall receive more tlian three thousand dollars a year as a compensation for the discharge of his ollicial duties, except in cases specially provided in this Consti- tution. [^""The remaining Sections of this Article, headed '-Miscellaneous," (two to ten inclusive,) are distributed under the dilTerent departments and subjects to which they relate. J^^See the Special Index to the Constitution which is separate from the General Index. SUNDRY OFFICERS UNDER THE CONSTITUTION AND LAWS. NOTARIES PUBLIC. Article 4, Section 45 of the Constitution provides that Notaries Public may be appointed for each county, and the City of Baltimore, in the manner, for the purpose, and with the powers now fixed, or which may be hereafter prescribed by law. THE GENERAL LAWS RELATING TO NOTARIES PUBLIC. The General Laws relating to Notaries Public are Articles 67 and Sections of Articles 18, 24, and 38, as follows: Appointment and QvaJifimtions. Sec. \. 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 within such place or places within this State as the Gov- ernor shall in and by their respective commissions designate ; but there shall not be at any time more than five Notaries appointed and commissioned to reside within the city of Baltimore, one of which shall be conversant with the German language. 1872, ch. 191. To Oite Bond in Thirty Days. Sec. 2. Each Notan,- Pul)lic shall, within thirty days from the time of his appointment, give the bond prescribed in Sec. 23, Article 38, (which see.) Power to Administer Oaths. Sec. 8. Each Notaiy Public shall have the power of administering oaths according to law, in ail matters belonging or incident to the exercise of his notarial office, and in all matters and cases of a civil nature in which a justice of the peace may administer an oath, and with the same effect ; and a certificate under the notarial seal of a Notary Public shall be sutficient evidence of his having administered such oath in his character as Notary Public. Notaries' Poicers. Sec. 4. A Notary shall have power to receive the proof or acknow- ledgment of all instruments of writing relating to commerce or navigation, and such other writings as have been usually proved and acknowledged before Notaries Public; and to make protests and declarations, and testify the truth thereof under his seal of office concerning all matters done by him in virtue of his office. To Keep a Register. Sec. 5. Each Notary shall keep a fair register of all protests and other official acts by him done in virtue of his office, and shall, when 18 272 NOTARIES PUBLIC. required, give a certified copy of any record in his office to any per- son applying for the same, tlie said person paying the usual fees therefor. In Case of Death, etc., Megister, &c. to he Deposited in Court. Sec. 6. In case of the death, resignation, disqualification or re- moval from office of a Notary, his register and other public papers shall be deposited in the office of the clerk of the Circuit Court for the county in which he may reside, or if he reside in the city of Bal- timore, in the office of the clerk of the Superior Court of said city, within sixty days after such death, disqualification, resignation or removal, Notarial Seal. Sec. 7. Every Notary shall provide a public notarial seal v?ith which he shall authenticate his acts, instruments and attestations, on which seal shall be engraved such device as he may think proper, and for legend shall have the name, surname and office of the notary, and the place of his residence. WJiat Acts muy ie Performed out of His Own County. Sec. 8. A Notary may ]3crform such special acts proper to be done by a notary public, to which he may be required, in any other county of the State than that for which he may be appointed. Protests Must ie Stamped by Comptroller. Sec. 9. It shall not be lawful for any Notary Public to sign and issue any protest, not previously stamped with the stamp of the Comptroller, and any Notary Public who shall violate this provision, shall for every such offence, be liable to a fine of five hundred dollars, to be recovered by indictment in the Circuit Court for the county, or in the Criminal Court of Baltimore, as the case may be, one-half for the use of the State, and one-half for the use of the informant; but in no action or proceeding in law or equity shall any protest be re- jected as evidence, if otherwise admissible, on account of the absence of the stamp of the Comptroller therefrom. — 1862, Chap. 108. May Aclcnowl-edge Deeds without the State or United States. Article 24, Sections 4 and 5. Deeds, if acknowledged without this State, but within the United States, or if acknowledged without the United States, the acknowledgment may be made before a Notary Public. Relating to a Register''s Papers After Death, &e. Article 18, Section 38. In case of the death, resignation, disquali- fication or removal from office of a Notary Public, his register and other public papers shall, within sixty days thereafter, be lodged in the ofiice of the clerk of the Circuit Court, for the county, or Supe- rior Court of Baltimore City, who may bring and maintain actions of trover and detinue for the same; and such registers or public papers shall not in any case be liable to be seized or taken in execu- tion for debt, or for any demand whatsoever. Fees of Notaries Public, t&c. Article 38 of the Public General Law enacts as follows: Sec. 21. Notaries Public shall be entitled to demand and receive the following fees, to wit: NOTARIES PUBLIC. 273 For protesting any note, draft, bill of exchange or check for non-acceptance or non-])ayinent, .$2 00 For drawing all proceedings not exceeding two sides 50 For drawing all proceedings exceeding two sides, per side,. . . 2 4.) For registering or copying i)roceedings. for every side, 10 For presenting a bill of exchange for acceptance, if accepted and not afterwards protested for non-payment, 1 00 For noting a bill for non-acceptance, if not protested for non- acceptance or non-payment, 1 00 For noting a marine protest, 1 00 For affixing notaries' seal, 50 For every search where no copy is made, 25 For administering an oath or taking an acknowledgment 12 J For all other acts and service, in ])roi3ortion to the afi)rcsaid lees, to be paid at the time of doing the same. For going any distance more than three miles from his place of residence, per mile, 20 Payments to State Treasurer. Sec. 22. Every Notary Public shall, in the first week of January, July and October, in each year, pay to the Treasurer of the State, one- half of all fees received by him for protests, and on failure to comply with the requirements of this Section, he shall tbrfeit in each case, the sum of fifty dollars, to be collected and paid for the use of the State.— 1862, Chap. 100. Bonds $6,000 in Baltimore City and ^2,000 in the Counties. Sec. 23. Every Notary Public, before he shall be commissioned or authorized to discharge the duties of his office, shall give bond to the State of Maryland, with security, to be approved by the Gov- ernor, in the i:)cnalty of six thousand dolhtrs, if appointed for the City of Baltimore, and in penalty of two thousand dollars if appointed for any county, conditioned for the payment into the Treasury of that portion of the notarial fees received by him, for the use of the State ; and if any person appointed a Notary Public shall neglect or refuse to give such bond within thirty days from the date of his appointment, the Governor shall appoint some other person in his place. — lb62, Chap. 113. Statement of Protests and Fees. Sec. 24. Every Notary Public shall, at the time of making the pav- n;ent herein required to be made into the Treasury, accompany such l)aYmcnt by a statement, under oath, showing the number of protests made by him, and the fees received therefor. Sec. 25. The three last preceding sections shall not apply to Nota- ries in any of the counties, unless the fees on protests in any one year shall exceed the sum of three hundred and fifty dollars. — 1868, Chapter 259. AUDITORS OF COURTS. Constitution — Article IV, Section 9. "The Judge or Jiidges of any Court way appoint sucli officers for their respective Courts as may be found necessary ; and such officers of the Courts in the City of Baltimore shall be appointed by the Judges of the Supreme Bench." — Art. 4, Sec. 9. The Act of 1870, Chapter 74, amends Section 18 of Article 19 of the Public General Law, as follows : Aiiditors — Hoio Appointed — Their Duties in Chancery. Aht. 19, Sec. 18. Every Judge of a Court of Equity may appoint, during his pleasure, a jjerson of integrity, judgment and skill in accounts, to be Auditor for the Court of which he is Judge, who shall, before he enters upon the duties of his appointment, take an oath, to be administered by the Judge making the appointment, well and faithfully to execute the duties of his office, without favor, affec- tion, partiality or prejudice, and all accounts to be stated, audited, or settled by such Court, shall be referred for such purpose to the Au- ditor, who shall have power to administer oaths to all witnesses and persons proper to be examined upon such accounts, and shall audit, state and settle such accounts agreeably to the order of the Court, and shall return the same to the Court to be done with as the Court should think just, and that in all cases where the regular Auditor of any Circuit Court of this State, may be interested in any cause or connected therewith as counsel, or in case of sickness, or absence of such Auditor, or for other cause existing where it may be proper, for such Auditor to act, it shall and may be lawful for the said Court, or the Judges or Judge thereof holding the same, to appoint by order a special Auditor, to whom reference shall be made instead of the regu- lar Auditor, and the powers, duties and compensation of such special Auditor shall be in all respects the same as those of the regular Au- ditor of said Court, and such special auditor shall in all cases, before acting as such, take the oath prescribed to be taken by the regular Auditor.— 1870, Chap. 74. Fees of Auditors. Art. 19, Sec. 19. The Auditor shall be allowed four dollars and fifty cents per day for every day he shall be reasonably employed in stating, auditing and settling any account, to be paid by the party desiring such accounts to be stated, audited and settled, and taxed ill the bill of costs of the party for whom the decree may pass in the cause. Auditors — When Appointed hi/ Courts of Law. Art. 29, Sec. 9. In all actions brought in any court founded on account, or in which it may be necessary to examine and determine cm accounts between the parties, the court may order the accounts and dealings between the parties to be audited and stated, by an auditor or auditors to be api)ointcd by such court, and there shall be the same proceedings thereon as in cases of action on account. I THE GRAND AND PETIT JURIES OF THE COUNTIES AND BALTIMORE CITY. Constitutional Provisions. The provisions of the Declaration of Rights in regard to Juries, are as follows : Right of Trial hy Jury. Art. 5. The inhabitants of Maryland are entitled to the common law of England and the trial by Jury according to the course of that land. Eight to a Speedy Trials c6c. Art. 31. That in all criminal jirosecutions every man hath a right to a speedy trial by an impartial Jury, without whose unanimous con- sent he ought not to be found guilty. No Man Imprisoned hit hy the Judgment of his Peers. Art. 23. That no man ought to be taken or imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or, in any manner, destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or by the law of the land. Competency of Jurors. Art. 36. That no person otherwise competent be deemed incompe- tent as a witness or juror on account of his religious belief, provided he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be re- warded or punished therefor, either in this Avorld or in the world to come. The provisions of the Constitution in relation to Jurors are as fol- lows: No Property Taken^ c6c.. Without the Action of a Jury. Const., Art. 3, Sec. 40, provides, that no law shall be passed au- thorizing private property to be taken for public use without just compensation awarded therefor by a Jury. Parlies may have Cases Tried without a Jury. Const., Art. 4, Sec. 8, provides that the parties to any cause may submit the same to the court without the aid of a Jury. The Jury Judges of Law and Fact. Const., Art. 15, Sec. 5. In the trial of all criminal cases the Jury shall be the Judges of law as well as of fact. Bi{;/ht of Jury Trial for Over Five Dollars. Const., Art. 15, Sec. 6. The right of trial by Jury of all issues of fact in civil proceedings in the several courts of law in this State, where the amount in controversy exceeds the sum of live dollars, shall be inviolably preserved. 276 JURIES. THE GENERAL LAW RELATING TO JURIES. \Article L. The Public General Law relating to Jurors is contained in Article 50, as follows : No Juror under 25 Years of Age. Sec. 1. No person shall be summoned and returned upon a panel as a Juror who may not have arrived at the age of twenty-five years. No Oiyhaiis' Court Judge shall he a Juror. Sec. 2. No Judge of the Orphans' Court shall be summoned to serve as a Juror in any case whatever. Persons over 70 Years and Others Exempted from Juries. Sec. 3. All persons over seventy years of age, and all delegates, cor- oners, schoolmasters and constables, during their continuance in office, shall be exempt from attendance as Jurors. No Person a Juror in Two Successive Courts. Sec. 4. No person shall be summoned to two courts successively. No Property Qualification. . Sec. 5. No property qualification shall be required in any Juror. No Person Interested to ie Summoned as a Juror. Sec. 6. No sheriff shall summon any person to serve as a Juror in any court where he hath knowledge that such person hath any matter of feet depending for trial at the same court he is summoned to serve in, and no person having such matter of fact depending for trial shall be admitted as a qualified Juror between party and party during the sitting of the court in which such matter of fact shall be or exi^ected to be ttied ; and such disqualification shall be allowed as a good cause (-if challenge of any Juror, but no verdict of a Jury shall therefore be set aside, or judgment thereon stayed, arrested or reversed. Sheriff to Summon Orand and Petit Jurors. Sec. 7. The sheriff's of the several counties shall summon to the sev- eral Circuit Courts for the counties ten days before the session of the suid courts, resi^ectively, a panel of forty-eight Jurors, qualified as ])roscribed by law, out of which the said respective courts shall direct tiie clerk to draw by ballot twenty-three persons, who sliall be em- jianelled and sworn to serve as grand Jurors during the term to which tliey shall be summoned; and the persons remaining upon the said original panel shall attend the court and serve as petit Jurors. Jurors in tiie city of Baltimore shall be summoned as prescribed in the local law of the city. A Juror Neglecting to Attend may he Fined $50. Sec. 8. If any Juror being so summoned, shall, without sufficient excuse, neglect to appear, he shall be fined by the court not exceeding filty dollars. Parties to have List of Jurors. Sec. 9. In all civil cases called for trial in any court in which a Jury shall be necessary according to the Constitution and Laws of this State, twenty persons from the panel of petit Jurors shall be drawn by ballot by the clerk under the direction of the court, and the JURIES 277 names of the twenty persons shall be ■written upon two lists, and one of said lists forthwith delivered to the respective parties or their coun- sel in the cause, and the said parties or their counsel may each strike out four persons from the said lists, and the remaininir twelve persons shall thereupon be immediately empanelled and sworn as the petit Jury in such cause. Each Party to Strike Four Names. Sec. 10. If the said parties or their counsel, or either of them, shall neglect or refuse to strike out from the said lists the number of per- sons directed in the preceding section, the court may direct the clerk to strike out from the list of the party so neglecting or refusing, the number in said section directed, and the remaining twelve persons shall be empanelled and sworn as aforesaid; but this and the ]ireced- ing section shall not take away the right of any person to challenge the array or polls of any jaanel returned in the manner allowed by the laws of this State, or in any manner to change the law in relation to petitions for freedom. Talesmen may he Summoned. Sec. 11. The several courts of this State shall at all times have pow- er to direct talesmen to be summoned to serve on .Juries, where with- out such talesmen there would not be twenty of the origioal panel, exclusive of the Jury charged, from whom a Jury can be formed; or may direct such tales to be summoned, whenever by challenging or otherwise, a sufficient number of Jurors cannot be had to try the case, either civil or criminal. Drawing of a Panel Dispensed With. Sec. 12. If the parties or their counsel agree, the drawing of a panel of twenty Jurors in any cause may be dispensed with. These Provisions not to Apply to Criminal Cases. Sec. 13. The provisions of the four last preceding sections shall apply to all criminal cases where the right of peremptory challenge is not allowed, and the State's Attorney for the county or city, or the attorney prosecuting for the State, shall strike for the State. Alien or Foreigner Tried same as a Citizen. Sec. 14. Any alien, denizen or foreigner who may be indicted for any oflence committed within this State, shall be tried by a Jurii- of the county in the same manner as the citizens thereof, and there- shall be no challenge either to the array or the polls for the want of foreigners on the panel or Jury that may be returned. Bight of Peremptory Challenge. Sec. 15. The right of lieremptnry challenge shall be allowed to any person who shall be tried on ])r(jscntment or indictment for any crime or misdemeanor, the jJunishment whereof by law, is death or confine- ment in the penitentiary, anil to the State on the trial ol such indict- ment or presentment; but the accused shall not challenge more than twenty, nor the State more than four Jui'ors, without assigning cause. 1872, Chap. 40. Pay of Jurors $2 50 per Day and Mileage. Sec. 16. Jurors shall receive two dollars and a half per day, for each and every day they shall attend the several courts of this State, 278 JURIES. as Jurors, and fifteen cents for each mile over five miles, for coing to and returning from the court once in each term, to be paid by the counties or city respectively in which said courts are held; all the sections of the several articles of the Public Local Law, relating to the pay and mileage of Jurors are hereby repealed. — 1865, Chap. 78. In Case of Forcible Entry, &c., Jurors to Receive $1 00 fer Day. Sec. 17. In all cases of forcible entry and detainer which Jurors shall be summoned to try, each Juror shall be entitled to the sum of one dollar for his services per day, to be taxed in the costs by the justices, and any Juror who being summoned shall fail to attend on a case of forcible entry and detainer, shall be liable to attachment and fine, in the discretion of the justices to whom the summons is returned, not exceeding ten dollars. Grand Jury to Inquire into Condition of the Jail. Sec. 18. The Grand Jury shall at each term of the court visit the jail and inquire into its condition, the manner in which it is kept and the treatment of the prisoners, and report the same to the court. THE JURIES FOR THE COUNTIES. The following Sections of Article 50 of the Public General Law relate to the "Selecting, Drawing and Summoning Juries for the Counties." To Furnish Clei'lcs of Courts Lists of Taxahles. Sec. 19. It shall be the duty of the Clerk of the County Commis- sioners for each of the counties of this State, to make out and file with the clerks of the Circuit Courts for said counties, not less than twenty days before the beginning of the first regular term of said courts, next ensuing the passage of this Act, and not less than twenty days before the beginning of the second regular term of said courts after each and every general election held thereafter, a i'air and com- plete list of the white male taxable inhabitants or residents of said county, v/hose names appear on the tax books of said county, and who are not known to said clerk to be under the age of twenty-five years, and to which said lists, so to be made and filed, the said clerks respectively shall apjDend a certificate, that said list is fully and fairly made; and for making such list the said clerk shall receive such compensation as the County Commissioners shall deem right and proper; and for failure to peribrm the duty hereby imposed, the said clerk to said commissioners shall forfeit and pay a fine to the State of not less than five hundred dollars nor more than one thousand dol- lars, in the discretion of the court, to be recovered by indictment as for a misdemeanor, and he shall be thenceforth wholly incapable of holding or exercising the duties of the said clerk to the County Com- missioners. — 1870, Chap. 410. Selecting and Draining Jurors. Sec. 20. It shall be the duty of the Judges of the Circuit Courts for each of the counties, not less than fifteen days before the commence- ment of eacli term of the court at which .Jurors are requir(Ml to attend, in the presence of such practicing members of the bar of said court as JURIES. 279 shall think proper to attend, notice of the time and place having been lirst given to said bar through the criers of said courts to proceed to select from the lists last finished by the clerks of the County Commis- sioners, provided for in the first Section of this Act, and from the poll-books of the several election districts of said counties, that shall be returned and filed in the clerk's office of said courts after any general election that may be last held previously to such selection, a panel to consist of the names of two hundred persons in the several counties of Baltimore, Washington, Montgomery, Allegany, Carroll, Frederick, Anne Arundel, Prince George, Harford, Cecil, Dorchester, and of one hundred and fifty persons in the several counties of How- ard, Worcester, Somerset, Charles, Calvert, St. ]Mary"s. Kent, Queen Anne's, Caroline and Talbot, to be faii-ly and im])artially selected, oi the age aforesaid, by the said Judges, with special reference to the intelligence, sobriety and integrity of such persons, and without the least reference to their political opinion ; and of the names of such persons, when so selected, a list shall be made, and a certificate thereto appended by the said Judges, that the said list of names has been duly selected in conformity with and according to the spirit and intent of this Act, and which said lists and certificates shall be filed with the clerks of the said courts, and by them preserved as other proceedings of the said courts are kept. — 1870, Chajj. 320. Judges to Certify to the Lists — Manner of Drawing if Sick or Abseyit — Baltimore County. Sec. 21. When said list of names, selected as directed in the pre- ceding section is made and certified as therein provided for, immedi- ately thereupon the said Judges of the said respective courts, in the presence of the members of the bar, as aforesaid, and siich other per- sons as may think proper to be jjresent, shall cause all the names selected and placed on the list, as aforesaid, to be legibly written upon ballots, which shall be of equal size and of the same color and appearance, and shall be closely rolled or folded, and in ench of the said counties except Baltimore county, 2)laced by the paid Judges with their own hands immediately before the drawing herein provided for, into a cubiform box with sliding top, of the square of eight inches, to be procured for that purpose by the clerk of said court, under the direction of the said Judges, and after so depositing said ballots, the said box shall be closed, and the said Judges shall then cause the clerk or one of his deputies, whom the said Judges shall desir^nate, neither one nor the other who may be so required to act to be present at the writing, rolling or folding and depositing said ballots into the box as herein directed, to appear before them and then and there, in the presence of the said Judges, and such other persons as may choose to be present, after well and thoroughly shaking said box, so that the ballots be well mixed, to draw- from said box" through such opening made by removing the sliding top thereof, as will only con- veniently admit the hands, and witliout in any manner looking into said box, one by one, forty-eight of said ballots, and the name appear- ing on said l)allots as drawn shall be duly recorded by the said Judges, or by the clerk, in his presence and under his direction, in the order in which they shall be drawn ; and in Baltimore county a box shall be procured as aforesaid, of the form aforesaid, and of the 280 JURIES. square of inches, and said box shall be divided into thirteen compartments, which shall be numbered to correspond with the dis- tricts of the said county, and the names of the persons selected as aforesaid shall be i^laced by the said Judges in the said compart- ments of said box respectively, which bear the numbers of the dis- tricts where the persons so selected respectively reside, and there shall be then drawn in the manner hereinbefore provided for the other counties, five names from compartment number one, three from number two, five from number three, three from number four, two from numljer five, three from number six, three from number seven, five from number eight, six from number nine, two from number ten, three fi-om number eleven, six from number twelve, and two from number thirteen, and said names so drawn shall be recorded as hereinbefore directed, and thereupon the said Judges shall forthwith order a venire facias, di- rected to the sheriff of the said counties respectively, commanding them to summon as Jurors to attend at the next ensuing term of said courts, the several persons whose names may be drawn as aforesaid, and if any such persons whose names are so drawn and embraced in said venire facias should be dead, sick, or otherwise unable to attend, or should be absent, and therefore not to be found, it shall be the duty of said sherift' forthwith to return the fact of such death, disa- l)ility or absence, and the said Judges shall thereupon cause to be drawn from said box, in the manner hereinbefore directed, other names in the place and stead of the original who may be dead, disa- bled or absent, and shall cause the name or names of such person or persons so as last aforesaid drawn, to be inserted in the said venire facias to be summoned as aforesaid, and it shall be the duty of the sherifl" to summon the persons named in said venire facias, and make return thereof to the said court at the opening of its session. — 1870, Chap. 220. Judges to Loclc the Box and Keep tTte Key. Sec. 22. Immediately afrer each drawing for Jurors as directed in the preceding section and for talesman as hereinafter directed and without suffering the said ballots remaining in said box to be taken out, or in any manner removed therefrom, or inspected or examined, or the said box to be looked into or removed fi'om his presence by any person whatever, the said Judge of the said respective courts shall close said box and either lock or seal the same securely, and keeping the key or seal thereof himself, shall deposit the said box containing the remaining ballots with the clerk of the said court to be by him safely kept, free from any handling or interference by any person what- ever, unless it be in the presence of the said Judge, and by his direction, and then only in the manner herein directed ; and if for the trial of any cause or causes, whether civil or criminal in the said Circuit Court, a talesman or talesmen be required, the Judge of the said Court may order the sheriff to summon such talesman or talesmen either from a list of names that shall be drawn from the said box con- taining the said l)allot8 in the mode and manner as directed by the third section of this Act and furnished to the said Sheriff; or from the community at large as heretofore practiced. — 1867, ch. 329. The Qramd Jurors. Sec. 23. Of the forty-eight Jurors drawn and summoned as in the third section oi' this Act directed the twenty-three names first accru- JURIES. 281 ing in the order in wliicli they were drawn, shall constitute and be the Grand Jury for tho MisuiuLT term of the said Court, and tlie re- maining twenty-live names next in order in the drawing, shall consti- tute and be the petit Jury of said ensuing term of said Court. — Hid. Jurors Disqimlijied not to Invalidate the Drawing. Sec. 24. The name of no person disqualified or exempted by exist- ing law from serving as a Juror, or who, l)y existing law, the sherilf is f )rbidden to summon as such, shall be selected and placed upon the panel or list, from which the drawing is to be made as directed by this Act; nor shall any person be drawn and summoned to two courts successively, but the selection or drawing of any ])erson disqualified as a Juror under this Act, shall not invalidate the drawing or selec- tion, but such error may be corrected by drawing another person from the box in place of the ])erson improperly selected or drawn ; and the said court shall have full power and authority to coerce the attend- ance of Jurors drawn and summoned under this Act, and to punish by fine or imprisonment, or both, for any default or contempt commit- ted in disregarding such summons. — 1870, ch. 410. Duty of Judges. Sec. 25. Before the drawing of any new panel of Jurors from the tax lists and poll books as provided in the first and second sections of this Act, it shall be the duty of the said courts to have tlie box in which the names of Jurors have been deposited to be emptied of any and .'ill the ballots therein remaining. — 18()0, ch. 329. Judges may have Special Panels Selected to Try Removed Cases. Article 75, Section 76 of the Public General Law, entitled Removal of Causes, provides as follows: Art. 75, Sec. 76. It shall be in the power and discretion of the judge or judges, should he or they think it proper, to cause a special panel of forty-eight Jurors to be selected by the sherift"from the community at lar<;e to try any cause or causes removed under the preceding sections of this act, and the court shall direct the clerk thereof to divide, by bal- lot, said number of J urors into two panels of petit Jurors, and may take such order for regulating the attendance of said panels as the said court shall see fit, and the said court may direct talesmen to be summoned in said cause or causes whenever necessary — 1S65, Ch. 187. PUNISHMENT FOR BRIBING JURORS. The Public General Law, Article 80, relating to "Crimes and Pun- ishments," provides as follows : Punishment for Bribing Jurors., &c. Art. 30, Sec. 18, Provides for the punishment of bribing Jurors, by imprisonment in the penitentiary l(n' not less than eighteen months nor more than six years, and disqualification for ever serving on Juries. The same punishment for the Juror taking bribe. Art. 30, Sec. 19, provides that corruptly endeavoring to influence, intimidate or impede any Juror, shall be punished by tine not exceed- ing five hundred dollars, or by imprisonment not exceeding three months, or both. 282 JURIES. THE JUROES IN BALTIMORE CITY. Article 4 of the Public Local Law provides as follows : Judges of Sufreme Bench to Select List of Names for Jurors, &c. Sec. 1. The .Jud<,'e of the Superior Court of Baltimore City, the .Judge of the Court of Common Pleas, the Judge of the Baltimore City Court, the Judge of the Circuit Court of Baltimore City, and the -Judge of the Criminal Court of Baltimore, shall meet at such place in the city of Baltimore as the said judges shall appoint, on such day in the month of March in each and every year, as the said judges shall agree upon; and it shall be the duty of the said judges meeting as aforesaid, at such meeting, or at such adjourned meeting, as they shall hold for the purposes hereinafter mentioned, in the month of March of each and every year as aforesaid, to select the names of seven hundred and fifty persons, qualified under the law of this State, to serve as Grand and Petit Jurors in said city. — 1867, Chap. 401. Collector to File List of Taxable Males — His Pay. Sec. 2. In order to assist the said judges in making out the list of Jurors aforesaid, the collector of taxes of the city of Baltimore shall, before the first day of February in each and every year, lodge with the clerk of the Superior Court of said city, for the use of said judges, a certified list of all the taxable male inhabitants of the said city, setting out their names and places of residence, so far as the same may be ascertained ; and the said collector shall receive for sucli service, a compensation to be fixed by said judges, and shall be paid as Jurors are paid. — Hid. Clerics to Draw the Jurors — Sheriff to he Present. Sec. 3. The said judges having prepared the said list, shall require the clerks of the several courts of Baltimore city, or a majority of them, to meet in such one of the court rooms of the said city, at such time as they shall appoint, not less than ten days 1 lefore the beginning of the May term of the Superior Court of Baltimore city, and the names selected by the said judges shall be inscribed upon ballots, which shall be of equal size, color and appearance, and shall be closely folded, and shall be jjlaced in a box prepared for that purpose by the clerks themselves. And the sheritl" of Baltimore city, or such of his deputies as he shall designate, shall attend before the said clerks, and it shall be the duty of the said sherift', or his deputy as aforesaid, in the presence of the said clerks and such other persons as may choose to attend in said court, to draw, one by one, all the ballots contained in the said box, and as the said ballots are drawn, the names appear- ing thereon, shall be duly recorded in the oriler in which they shall be drawn by the said clerks, or under their personal direction and inspection, by some person to be appointed by the iudges aforesaid. 18G5, Chap. 44. J' J = Penalty for Frauds Relatino to Drawing. Sec. 4. Any oflicer, deputy, or person whatsoever, who shall fraud- ulently mark or designate, or open, or leave open, or cause or know- ingly permit to be marked or designated, or opened, or left open, any ballot or l)allots for Jurors, which shall be prejjared fir the purpose JURIES. 28" of being drawn nnder this Article, or who by any fraudulent con- trivance, device or collusion whatsoever, shall j)repan\ or arrantre. or cause or knowingly permit to be j^repared or arranged any ballot or ballots aforesaid, so that the same or any thereof may be known or recognized in the drawing thereof, or for the i)urpose of their lieing so known or recognized; and any person or persons who shall in any way fraudulently or collusively deal, or conspire, or contrive to deal with the ballots aforesaid, or any of them, or the drawing thereof, or with the j^reparation or folding of said ballot or ballots, or with the wheel aforesaid, so that the fair operation and lawful and impartial execution of the provisions of this Article, in regard to the selection of Jurors in the city of Baltimore, shall be knowingly prevented or interfered with, or with intent to interfere with or prevent the same, or permit or allow the same to be interfered with or prevented, shall be guilty of felony, and upon conviction thereof, shall be sentenced to be confined in the penitentiary for a term of not less than one nor more than three years. Nothing in this Section shall be held to affect the liability of any jierson or persons for any forfeiture imposed by Section 17, hereinafter, of this Article. — 1861, Chap. 51. Sheriff to Summon Qrand Jurors. Sec. 5. The sherifl" of Baltimore city shall, before each term of the Criminal Court of Baltimore, summon twenty-three persons from the list prepared by the Judges, to serve as Grand Jurors for the ensuing term of said court. — 18G4, Chap. 106. Superior Court Jury. Sec. 6. The twenty-five names first in order on the said list shall constitute the Jurors for the Superior Court of Baltimore city, for the three weeks to ensue after the commencement of the next term of the said court. — Ibid. Court of Common Pleas and City Court Juries. Sec. 7. The twentv-five names next in order on the said list, shall constitute and be the Jurors for the Court of Common Pleas for the three weeks to ensue after the commencement of the next term of the said court; and so as to the Baltimore City Court. — 1867, Chap. 401. Criminal Court Jury. Sec. 8. The twenty-five names then next dra^vn on the said list shall constitute and be the Jurors for the Criminal Court of Balti- more for the three weeks to ensue after the commencement of the next tenn of the said court. — Ibid. Books to be Certijied by Judges and called Jury Books. Sec. 9. After all the names in the box are drawn, it shall be the duty of the said judges to cause the names of the said several panels and the names of the other persons drawn as aforesaid, to be entered in six several books, in the order in which the said jjanels and the names as aforesaid were drawn as aforesaid ; and the said books shall be certified by the said several judges to be true copies of each other; and shall be denominated jury books for Baltimore city. — Ibid. Where Jury Books are to be Deposited. Sec. 10. When the said jury books are i)repared and certified, as directed in the foregoing section, it shall be the duty of the said 284 JURIES. Judges, or a majority of them, to cause one of the said books to be deposited in the custody of the clerk of the Superior Court of Balti- more city ; one in the custody of the clerk of the Court of Common Pleas; one in the custody of the clerk of the Baltimore City Court; one in the custody of the clerk of the Criminal Court of Baltimore, and one in the custody of the shcriQ' of Baltimore city; and one sliall be retained by the said judges, or by such one of their number as they shall appoint, for the purpose of verifying the lists of persons so de- livered as aforesaid to the clerk as aforesaid, or to the sheriff of Bal- timore city; and when the said book is delivered to him — the said sheriff of Baltimore — he shall immediately summon the several Jurors dra-^vn lor 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. — Ibid. Duty of Sheriff when Juror is Disqualijied. Sec. 11. If any of the Jurors so set down on the lists as aforesaid shall be legally disabled or excused from attending, the sheriff, on being notified thereof, sliall complete the said panel or panels in which Jurors are needed, by summoning in the stead of such Juror or Jurors, the persons whose names are set down in the said jury book next after the regular panels as aforesaid ; and he shall summon such person or persons in the order in which they are thereupon set down, and not otherwise. Jurors to Serve Three Weeks — Penalty for Non-Attendance. Sec. 12. Every Petit Juror sworn upon any special panel shall con- tinue to serve thereon until discharged by the court, notwithstanding the expiration of his term of three weeks aforesaid; but no one sum- moned as a Juror shall be excused fi-om service except in open court, on good cause shown to the satistaction of the court: and if any Juror summoned, and not excused, shall fail to attend the said court until duly discharged, he shall be lined 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. Summoning Talesmen — Duty of Sheriff. Sec. 13 If at any trial of any cause in any of the said several courts as a.forcsaid, tales de ci7-cu7nsfantibus shaW be ordered, it sh-dl be the duty of the sheriff to summon as such talesmen, those who are entered in said book, and who are not upon the regular panels as aforesaid, and such talesman shall be summoned and called to be sworn or affirmed on their voir dire, or otherwise, in the order in which their names are set doAvn on the said jury book, unless the said sheriff, or his deputy in that behalf, shall swear that he has made true and diligent search for such persons as do not ap- pear, and that they cannot be found ; or unless, beincr summoned, such persons have tailed to appear: in that event, such of the tales- men 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 the Superior Court of Baltimore city, the Court of Common Pleas, or the Baltimore City Court, it shall be necessary to summon talesmen, the judges of JURIES 285 the said courts respectively, instead of or in addition to resorting to tlie foregoing provisions of this section for tlie .summoning of tales- men, may order the sheriff to summon as such talesmen, any of the jurvinen in attendance upon cither of the other of the said courts who may not tlien be engaged as part of any special panel. — 1868, Chap. 175. Talesmen to he Summoned from Regular Panels of Other Courts, &c. Sec. 14. If it should so happen that the said lists of persons com- petent to act as Jurors, other than the regular panels as aforesaid, should at any time !)e exhausted as talesmen, it shall also be com.pe- tent for the sheriff to summon as talesmen, any of the regular panels in any of tlie other of said courts in Baltimore city, who may he at the time of such summons not engaged 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 any other as talesmen. 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 slAu 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. Jury Lists, Tww Revised and Kept Up — Juror Exempt for Two Years after Service. Sec. 15. It shall be the duty of the judges aforesaid to assemble on the fourth Monday of the May term ol the Superior Court of Balti- more as albresaid, and tiiereafter from three weeks to three weeks during the said terms, and also ten days before the commencement ol each of the regular terms of the Superior Court as aforesaid, during each year, and at such meetings, the said judges shall cause the said sheriff of Baltimore city to attend as in this law hereinbefore provided ; and the said judges, or a majority of them, shall then cause the names of those who have served on the regular panels of the courts aforesaid to be stricken from the jury lists, and the said i:)ersons shall not be liable to serve again as Jurors for the period of two years, reckoning the said two years from the said preceding second Monday in ]\Iay, as aforesaid; and the said judges shall then add to the said jury list such number of names as shall make up the whole number of seven hundred and fifty names — the said additional names to be drawn by the sheriff, or his deputy, from a list thereof to be made by the judges, as provided in section two, and to be added to the prior list, and recorded in the order in which they shall bo drawn; and then from the said whole number, the; panels shall be taken for the Sui)erior Court, Court of Common Pleas, City Court, and Criminal Court, in the manner heretofore provided in this hiw; and a~l the regulations ])rescribed by this law for the government of the said judges, and of the sheritt", or his deputy us aforesaid, in reference to Jurors, shall apply to all grand or petit Jurors to be thereafter selected and sum- moned for the said city during the year aforesaid ; and the jury books hereinbefore directed to be prepared, sliall be corrected and certified l^y the said judges as corrected, and be preserved as hereinbefore directed. 286 JURIES. Special Juries to he Summoned. Sec. 16. All special Juries autliorized 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. Penalty on Sheriff. Sec. 17. If any sheriff of Baltimore city, or any deputy thereof, shall wilfully violate the provisions 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 i^enalty shall be paid to the informer, who shall be a com- petent witness. Any Two Judges may Act. Sec. 18. Any two of the judges named in Section one of this Arti- cle may constitute a quorum at any meeting held under the provi- sions of this Article, and may exercise all the powers hereby reposed in the said judges. State's Attorney may Challenge Five Persons Peremptorily. Sec. 19. In all criminal cases in which the person indicted has or may have the right of peremptory challenge, the State's attorney shall have the right to challenge peremptorily any number of Jurors not exceeding five. Grand Jury to Visit Jail. Sec. 20. The Grand Jury shall at each term of the court visit the jail and inquire into its condition, the manner in which it is kejjt and the treatment of the prisoners, and report the same to the court. Provisions Construed — Neglectful Offcers. Sec. 21. All the provisions of this Article relating to the mode of drawing and summoning Jurors, shall be construed as directory merely, and no indictment or presentment for any felony or misde- meanor shall be quashed, nor shall any judgment upon any indict- ment, or presentment, whether after verdict, by confession or other- wise, 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 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 empowered upon him by law, he shall be liable to indictment in the Criminal Court of Baltimore, and iil)on conviction shall be fined the sum of one thousand dollars. — Ic 'J7, Chap. 2(39. Jury in Circuit Court — When a Jury may he Summoned. Sec. 22. Whenever in any case instituted in the Circuit Court a Jury is asked for and allowed, or is desired by the judgs thereof, the judge shall issue an order to the sheriff' of Baltimore city, requiring liim to summon twenty Jurors to attend the court, when proceedings shall be had in such case as is usual in such cases in equity. Pay and Mileage of Jurors. Sec. 23. Jurors shall receive two dollars and a half per day, for each and every day they shall attend the several courts of this State jur.iES. 287 as Jurors, and fifteen cents for each mile over five miles, for goincf to and ret urnino; from the court once in each term, to be paid by the counties or city respectively in which such courts are held. — 1865, Chap. 78. The following Ordinances of Baltimore city relate to the pay of Jurors : Clerks of Courts to Furnish Names of Jnrors to Register. Sec. 1. The clerks of the several courts of this city are requested to furnish to the register of this city, as soon as they can conveniently do so, after the discharge of the Jurors, who have served as such in any of the said courts, a list of the names of such jurors, showing the number of days each Juror has attended as a Juror, the term in wliich said service was rendered, and the amount due each Juror. — Ord. No. 22, 1866. Certificate to he Presented to Register for Payment. Sec. 2. On the presentation of a certificate from any of the clerks of the several courts of this city by any Juror, or his legal representative, to the register of the city for payment after the said register shall have received from the clerk of said court the list of Jurors as provided in the preceding section, and it shall appear on examination of said list 80 received as aforesaid, that the certificate presented for payment is correct, the said register is hereby authorized and directed to pay such Juror, or his legal representative, the amount due as shown by said certificate. Wicomico County. The Act of 1868, Chapter 118, Section 14, places Wicomico county in the list of counties in which one hundred and fifty names are selected by the judges as prescribed in Article 50, Section 20. — Act of 1870, Chap. 220. Judges to Select 150 Names. The judges of the Circuit Court for Wicomico county, or some one of them, within the period of one month, and not less than fifteen days before each jury term of said court, shall select from the lists prescribed by law, one hundred and fifty names, to be placed in a box such as is provided by law for the other counties in the State, from which he shall cause to be drawn, in the manner prescribed by law for the other counties of the State, a panel of jurors to serve at the jury terms of said court, and when such panel is drawn, the said judges^or judge shall direct the clerk of said Circuit Court to issue a cenire to the sheriff of said county, commanding him to summon as jurors to attend at the next ensuing term of said court, the several persons whose names may be drawn as aforesaid. 19 WITNESSES. The provisions of the Declaration of Rights in relation to Witnesses, are as follows : Criminal Prosecutions. Art. 21. In all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the indict- ment, or charge, in due time (if required) to pi-epare for his defence : to be allowed counsel ; to be confronted with tlie witnesses against him ; to have process for his witnesses ; to examine the witnesses for and against him on oath ; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty. No Man Required to Give Evidence Against Himself. Art. 22. No man ought to be compelled to give evidence against himself in a criminal case. No Person Incompetent on Account of Religious Belief. Art. 36. Nor shall any person, otherwise competent, be deemed in- competent as a witness or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dis- pensation such person will be held morally accountable for his acts, and be rewarded or punished therefor either in this world or the world to come. The provisions of the Constitution are as follows : Art. 3, Sec. 24. The House of Delegates may inquire, on the oath of witnesses, into all complaints, grievances and ofiences, as the Grand Inquest of the S*^ate, and may commit any person, for any crime, to the public jail, there to remain, until discharged by due course of law. No Person an Incompetent Witness on Account of Race or Color. Art. 3, Sec. 53. No person shall be incompetent as a witness, on account of race or color, unless hereafter so declared by Act of the General Assembly. THE GENERAL LAWS RELATING TO WITNESSES. The Public General Laws, Article 37, relating to witnesses, are as follows : Competency of Witnesses. Skc. 1. No person offered as a witness shall hereafter be excluded by reason of incapacity from crime or interest, from giving evidence, either in person or by deposition, according to the practice of the courts, in the trial of any issue joined or hereafter to be joined, or of any matter or question, or on any inquiry arising in any suit, action or proceeding, civil or criminal, in any court, or before any judge, jury, justice of pence, or other person having, by law or by consent of parties, authority to hear, receive and examine evidence ; but that every person so offered may and shall be admitted to give evidence, notwithstanding that such person may or shall have an interest in the W'lTNESSKS. 289 matter in question, or in the event of the trial of any issue, matter, question or inquiry, or of the suit, action or procoedinf^ in which he is offering as a witness, and notwithstanding tliat such person offered as a witness may have been previously convicted of any crime or oflence ; but no ])erson who has been convicted of tlie crime of perjury shall be admitted to testify in any case or ])roceeding whatever, and the parties litigant, and all ])ersons in whose behalf any suit, action or other pro- ceediTig may be brought or defended, themselves and their wives and husbands shall be competent and c()mpellul)le to give evidence in the same manner as other witnesses, except as hereinafter excepted. — 18G4, eh. 109. Evidence of Interest or Infamy. Sub-Sec. 1. In all cases it shall be competent for any of the parties to the proceedings to prove by legal evidence any facts showing the interest of any witness in the matter in controversy, or in the event of the suit or the conviction of such witness of any infamous crime ; and, in order to i)rove such conviction, it shall not be necessary to produce the whole record of proceedings containing such conviction, but the certilicate, under seal of the clerk of the court wherein such proceed- ings were had, stating the fact of the conviction, and for what crime, shall be sufKcient. Wlwn a Party may he made a Witness hy his Opponent, d:c. Sec. 2. When an original party to a contract or cause of action is dead, or shown to be lunatic or insane, or when an executor or admin- istrator is a party to the suit, action or other proceeding, either party may be called as a witness by his opponent, but shall not be aduiitted to testify on his own offer, or upon the call of his co-plaintiff or co- defendant otherwise than now by law allowed, unless a nominal party merely ; p-ovided, that when an executor or administrator, guardian or committee of a lunatic or insane person is a party to the suit, action or other proceeding when the cause of action has arisen on a contract made with such executor, administrator, guardian or committee, or cut of transactions betweeu such executor, administrator, guardian or committee and the other party, or when the executor, administrator, guardian or committee testifies as to any conversation had with the other party, either party may be examined as a witness, as provided for in the other sections of this Article. — 1808, ch. 116. Parties Incompetent to Testify. Sec. 3. No person who, in any criminal proceeding, is charged with the commission of an indictable offence, or any offence punishable on summary conviction, shall be competent or compellable to give evi- dence for or against himself nor shall any person be compellable to answer any question tending to criminate himself, nor, in any crimi- inal proceeding, shall any husband be c<)m])etent or compellable to give evidence for or against his wife, nor shall any wife be competent or compellable to give evidence for or against her husband, except as now allowed by law, nor in any case, civil or criminal, shall any hus- band be competent or compellable to disclose any comnninication made to him by his wife during the marriage, nor shall any wife be compellable to disclose any communication made to her by her hus- band during the marriage. — 1864, ch. lOt). 290 WITNESSES. When Testimony may he Rebutted. Sec. 4. In all cases Tvhere a party to any suit, action or other pro- ceeding shall be examined by any opposing party, the testimony given on said examination may be rebutted by adverse testimony and by proof of admission made by the party so examined. — Ihid. Not AppUcaUe in Cases of Adultery, &c. Sec. 5. Nothing in any of the preceding sections contained, author- izing the examination of the parties litigant, and making them com- petent witnesses, shall apply to any suit, action, bill or other proceed- ings instituted in consequence of adultery, or for the purpose of ob- taining a divorce, or to any action for breach of promise of marriage. — Ihid. Proof of Instruments of Writing. Sec. 6. In every suit or action at law or in equity in which it may be necessary to prove the execution of any instrument of writing what- soever, attested by a subscribing witness or witnesses, it shall be law- ful to prove the execution of such instrument of writing in the same manner and by the same evidence that the same might be proved by, if not attested by, a subscribing witness; but this shall not apply to the proof of the execution of any last will and testament. Attendance and Pay of Witnesses. Sec. 7. Whenever any witness shall be summoned to attend any of the courts of this State, and shall without sufficient excuse neglect to appear, he may be attached and fined by the court not exceeding lifty dollars, and shall be liable to answer the party for whom he shall be summoned in an action upon the case for the damage sustained for want of his appearance to testify according to such summons. Witnesses Refusing to give Evidence may de Committed. Sec. 8. If any witness summoned or attached being present shall refuse or delay to give his evidence, he shall be committed to jail, there to remain until he shall willingly do the same. Court May Discharge Witness. Sec. 9. Any court from which execution shall issue on any recog- nizance forfeited for not attending as a witness in any case not capi- tal, may upon motion, and good and sufficient cause fully shown by such person, discharge him from the execution, upon such terms as the court shall think lit and proper. Pay of Witnesses. Sec. 10. There shall be allowed to each witness attending the Cir- cuit Courts or Orphans' Courts of this State, the sum of one dollar for each day such witness sliall attend for the discharge of his duty, besides itinerant charges to be allowed to witnesses coming from other counties. Before a Justice of the Peace. Sec. 11. A witness summoned before a Justice of the Peace shall be allowed thirty-three cents per day for each day's attendance. Witness Summoned by a Surveyor. Sec. 12. A witness summoned by a surveyor in execution of an order for a survey from the Circuit Court, shall be allowed the same WITNESSES. 291 pay as in the Circuit Court, and payment may be enforced by attach- ment or order from the court which issued the order for the survey. County to Pay Imprisonment Fees. Sec. 13. Where a witness against any person accused of a crime cannot find security for his appearance to testify against the person so accused, and for want of such security shall be committed to prison, the county where the prosecution shall be carried on shall be charge- able with and pay the imprisonment fees of such witness, and the county conmiis^ioners shall levy the same from time to time as the case may require. Court May Order No Compemation. Sec. 14. If any person shall be presented or indicted for a misde- meanor or any offence of an inferior nature, and shall on trial thereof be acquitted, or shall plead guilty and submit his case to the court, the court may at its discretion, order that no compensation for any attendance of the prosecutor be allowed. COMMISSION TO TAKE TESTIMONY OUT OF THE STATE. Sec. 15. The several courts of law of this State, upon application made to them in court by a party to a suit or action therein depend- ing, either original or on appeal from a Justice of the Peace, and ujion l^eing satisfied by affidavit or otherwise that there are material and competent witnesses in such cause residing or living out of this State, may direct the clerk of such court to issue a commission for taking the depositions of such witnesses, and such commission shall issue and the commissioners shall be appointed and qualified, intf^rrocra- tories be proposed or exhibited, the commission be executed and re- turned, and the depositions taken in j^ursuance thereof shall be pub- lished in the same manner and form as in the case of a commission trom a court of equity for the examination of witnesses residing and living out of this State, and the depositions which shall be duly taken in virtue ot such commission, or copies thereof duly attested, shall be admitted as evidence at the trial of the cause. Commissioners to Take Testimony in this State. Sec. 16. Each of the Circuit Courts, or the judge thereof, shall ap- point not more than three commissioners for the county in wliich such court is held, and each of the courts of civil jurisdiction in the city of Baltimore shall appoint two commissioners to take the deposition of witnesses, on such notice to the opposite party and in such manner as the court shall prescribe. Pay of Commissioners and Witnesses. Sec. 17. The said commissioners shall receive four dollars a day for their services in taking such depositions, and the witnesses attendino- upon their summons, the sum of one dollar per day for each day they shall attend. [The sections intervening relate to the duties of Commissioners.] 293 "WITNESSES. DOMESTIC ACCOUNTS. Proof of Delivery or Sale of Goods, &c. Sec. 43. The oath of any clerk, store keejjer or disinterested credi- ble witness, taken before any judge or justice or court of this State, to the delivery or payment of any money, or delivery or sale of any goods, wares, merchandise, effects or chattels, by any person mer- chandising or carrying on commerce, or carrying on any trade whatso- ever, by buying and selling or manufacturing for sale, within this State, to any person within this State, shall be good and sufficient evidence in any court of this State to charge the person to whom such money shall be delivered or paid, or such goods, wares, merchandises, effects or chattels shall be sold or delivered, and also to prove the assumption of the receiver or any person claiming under him to pay for the same ; p'ovided, such oath be made within twelve months from the date of the articles respectively paid or delivered; but if any suit shall be brought to recover any money paid or delivered, or the price of any goods, wares, effects or chattels sold or delivered, the plaintiff shall, at or before the lirst imparlance court, make oath before some judge or justice of this State, that he believes the money, goods, wares, merchandize, effects or chattels charged in the account to which such oath shall be annexed, were bona fide delivered as charged, and that he hath not, nor any person for him to his know- ledge or belief, received any payment or satisfaction for the articles charged more than credit is duly given for, in and appearing upon the said account, nor hath he received any security for the same, and the balance charged and claimed is justly due according to the best of his knowledge and belief. Proof of Aeco^ints, &c. Sec. 44. Any account for money or goods lent or due and charge- able for goods sold, work done, or other things properly chargeable in account, not exceeding twenty-six dollars in the course of any whole year, which shall be sworn by the creditor before a justice of the peace to be just and true, and that he hath not directly or indi- rectly received to his knowledge any part or parcel of the money or goods charged as due by such account, or any security or satisfaction for the same, more than credit shall be given for, shall be received as good evidence in any court or before any justice of the peace of this State, unless the creditor or defendant shall make appear by lawful evidence other than his own oath that such account is false in part or in whole. Controverting Proof of Accounts. Sec. 45. Nothing contained in this Article shall preclude any debtor or defendant from controverting any proof offered in pursu- ance of the provisions thereof, by any testimony which is legal and admissible by the rules of the common law, or to prevent any credi- tor or plaintiff from giving any evidence admissible by the rules of the common law in support of his claim, or ])ursuing any legal mode other than herein prescribed to prove and establish his claim or de- mand. Contflaints Agaimtt CiTil or Military Officers. Art. 42, Skc. 13. Upon complaint made against any civil or mili- tary officer who can be removed or suspended by the Governor, the WITNESSES. 293 Governor may summon before him any witnesses to testify for or against such complaint, and may allow such witnesses one dollar a day for their attendance, and itinerant charges ; and may enforce the attendance of such witnesses in the same manner as the courts may. Payment to Witnesnes, &c. Akt. 16. Sec. 109. Payment of the allowances to commissioners to take testimony, witnesses, auditors and clerks to commissioners, may be comj^elled by order of the court, and process of contemjit for diso- bedience to such order may be issued as in other cases. Per Diem of Witnesses. Art. 16, Sec. 145. A witness attending such commissioner under a summons by him issued, or at the request of either of the ])arties, shall be allowed seventy-live cents per day for every day's attendance, and itinerant charges, to be ascertained by the commissioner, which allowance shall be paid by the party summoning or requesting such witnesses to attend, and shall be taxed as part of the costs of suit. Witness Compelled to Give Evidence. Art. 16, Sec. 146. "When any witness is summoned by a commis- sioner to take testimony, to take testimony in a chancery suit or pro- ceeding, to aj^pear before such commissioner to give testimony in such suit orproceeding, and such witness shall refuse or neglect to attend, or attending, shall refuse to answer such interrogatories as are pro- pounded to him, in all such cases the commissioner, at the request of either party to such suit or proceeding, shall immediately certify such deiault or neglect, under his hand as such commissioner, to the clerk of the court where such suit or proceeding is pending, who, upon the receipt thereof, shall forthwith issue an attachment against the person named in such certificate, and the court may allow such process to comjiel such witness to attend and give evidence in open court, in such suit or proceeding, at such term of the court thereafter as the party applying for such attachment shall request, and such process shall be directed to the sheriff or coroner of tlie county wherein the person to be attached resides, and after return is made, such process may be renewed from term to term, as the case may require ; provided, that the party obtaining such process shall give written notice to the opposite party, or his counsel, of the time of the return thereof. Penalty for Attempts to Influence Jurors. Art. 30, Sec. 19. If any person shall corruptly or by threats or force endeavor to influence, intimidate or impede any juror, witness or officer in any court of this State in the discharge of his duty, or shall corruptly or by threats or force obstruct or impede, or en- deavor to obstruct or impede, the due administration of justice therein, he shall be liable to be prosecuted therefor by indictment, and shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding three months, or both, according to the nature and aggravation of the offence. Non- Attendance of Witnesses a Contempt. Art. 92, Sec. 7. On the execution of any warrant of re-survey from any of the courts of this State, or the execution ol any order of 294 WITNESSES. a court of equity of this State to make a survey, the sheriff or coro- ner shall summon the witnesses he may be directed to summon by either party, and upon proof of such summons and non-attendance of the witness made to the court from which the warrant or order issued, such witness shall be adjudged in contempt of the court, and attach- ment may issue as in other cases of contempt. May le Fined $150 in Baltimore Criminal Court. Art. 29, Sec. 69. If any person who shall be summoned as a wit^ ness to the Criminal Court of Baltimore, shall fail to attend as re- quired on said summons, he shall l)e fined by said court in its discre- tion, not exceeding one hundred and fifty dollars. Witnesses in another County may he Fined. Art. 75, Sec. 97. A summons for witnesses residing in a different county to testify in trials to be had before the Circuit Coui't, may issue, and shall be directed to the sheriff of the county where the witnesses reside, and all witnesses upon whom such summons shall be served shall be liable to attachment and fine in like manner as if such witnesses resided in the county where the trial is had. Attachment to Issue where Witness Resides. Art. 75. Sec. 98. If a witness residing in a different county from that in which the trial is to be had shall be summoned, or has re- moved from such county after being summoned, and shall fail to appear after being so summoned, an attachment may issue for such witness to the sheriff of the county where said witness resides, return- able to the court issuing the same, and if the sheriff take such wit- ness, he shall produce him before the said court to abide its sentence thereupon. THE CORONERS. Constitution — Auticle IV, Section 45. Coroners, Elisors and Notaries Public may be appointed for each county and the city of Baltimore, for the purpose and with the pow- ers now fixed, and which may hereafter he prescribed by law. — Art. 4, Sec. 45. DUTIES OP CORONERS UNDER THE GENERAL AND LOCAL LAWS. The duties of Coroners are prescribed by Article 25, of the Public General Laws, for the counties, and the Local Law of Baltimore city, as lollows : To aive Bond in $3000. Art. 25, Sec. 1. Every Coroner before he acts as such shall, within sixty days after his appointment, and in each year thereafter, give bond to the State of Maryland with secnrites approved by the judges of the Orphans' Court, or some of them, in the penalty of three thousand dollars, with a condition that he will well and truly execute the office of Coroner in all things thereunto belonging, and shall also well and fiithfuUy execute and return all writs or other process to him directed ; and shall also pay and deliver to the person or jjersons entitled to receive the same all sums of money, all goods and chattels by him levied, seized or taken agreeably to the directions of the writ or other process under which the same shall have been levied, seized or taken ; and shall also keep and detain in safe custody all and every person committed to his custody or by him taken in execution, or who shall be committed for the want of bail, without sutlVring them to escape or depart from his custody, and shall also satisfy and pay all judgments which shall be rendered against him as Coroner, and shall also well and truly execute and perform the several duties re- quired of, or imposed upon, him by the laws of this State ; and the said bond shall, immediately after the execution thereof, be recorded in the office of the clerk of the Circuit Court of the county in which he is Coroner, or in the office of the clerk of the Superior Court ot Baltimore city, it he is Coroner in said city. Return of Process in Certain Cases. Sec. 2. The provisions of this code in relation to the return of pro- cess in the hands of a sherift', upon his death or removal, shall apply to process in the hands of a Coroner upon the happening of the like event. Jury of Inquest Held only xchere Death iy Felony is Probable. Sec. 3. No Coroner shall summon or hold any jury of inquest over the body of any deceased person where it is known that the deceased came to his death by accident, mischance, or in any other manner, except where the said person died in jail, or where there are such cir- cumstances attending the death or case as to amount to a stronir ])rob- ability or reasonable belief that the deceased came to his death by felony. 296 THE CORONERS. Physician to Examim Case and Testify. Sec. 4. Whenever a jurj* shall be convened by a Coroner, or justice of the peace acting as Coroner, on the body of any person found dead, or supposed to have died from violence, within this State, whereon any marks of violence shall appear, the jurors after being sworn, and also the Coroner or justice may require the attendance of some physician practicing within the county or city where such jury shall meet, to inform himself by due examination of the deceased of the cause of his death, and to testify and give evidence before the said jury and Coroner, or justice, in tlie premises. Physician Refusing Tnay he Pined. Sec. 5. If any physician summoned to testify on a Coroner's inquest, shall neglect or refuse to attend or to make the examination required by the preceding section, or to give evidence as aforesaid, he may be fined as any other witness. Physician's Fee from $5 to |10. Sec. 6. The said Coroner or justice, in the account of expenses ren- dered to the county comanissioners, or mayor and city council, for holding such inquest, shall include such sum for the said physician as the said Coroner, or justice, and jurors shall deem just, not less than five or more than ten dollars, which sum shall, with the other expenses of the inquest, be paid by the county or city. Coroner to he Allowed for Coffin and Expenses. Sec. 7. Whenever it shall be necessary for a Coroner to bury any deceased person, he shall provide a coffin and decently bury him, and the county commissioners of the county where the person shall have been found, or the mayor and city council of Baltimore, if he shall have been found in said city, shall make such allowance to said Coroner as they may deem just and reasonable therefor, to be levied and paid as other county or city charges. Coroner to Act irhen Sheriff is Disqualified. Sec. 8. In all cases where the sheriff' is interested, or nearly related to any of the parties, or otherwise disqualified to act, all process shall be issued to the Coroner, if there be one in the county or city qualified to act in such case, who shall perform all the duties of such disqualified sherifi", and be subject to the same liabilities and be pro- ceeded against in the same manner, and shall have the same rights and remedies. Fees of Coroners. The Public General Law, Article 38, Section 14, enacts that every Coroner shall l>e entitled to demand and receive the following fees, to wit: For reviewing the body of any person or persons murdered or slain, or otherwise dead by misadventure, to be paid out of the goods and chattels of the party so dead, if any there be, otherwise to be levied by the county commsssioners of the county where such accident shall happen, $5 00 For arresting or summoning any sheriflf sued or prosecuted in any court, and for taking security, 45 The same fees allowed wherein the sheriff is plaintifl' or de- fendant, on all process as to the sheriff, and no more. BALTIMORE CITY CORONERS. 297 Fees of Jurors and Constable. Src. 15. Each juror who may serve on a Coroner's inquest shall be entitled to fifty cents, and the cofist;il)le who may 'oe directed by any Coroner or justice to sunnnon sucli jury, or tlie Coroner, if the jury be summoned by him, shall be entitled to twelve and a half cents for each juror summoned, to be paid as above directed. Four Coroners in Baltimore City, Salary !^400, Bond $2,000. Src. 151. Tbe Governor, by and with the advice and consent of the Senate, shall appoint and commission four competent j)ersons, to act as Coroners for the city of Baltimore, to hold othce during the period of two years, at an annual salary of four hundred dollars each, payable quarterly, by the register of said city ; provided, that before entering upon the duties of their otfice, the persons appointed Coro- ners shall take the oath of office prescribed by the Constitution of the State of Maryland, for office holders; and further shall give bond to the State of Maryland, with security, to be approved by the Judge of the Superior Court for Baltimore city, in the penalty oY two thou- sand dollars each, conditioned for the faithful performance of their duties, as now prescribed by law, or which shall hereafter be pre- scribed.— Art. 4, P. L. L.— 1872, Chap. 45. Coroners Assigned to Sub- Divisions — May Deputize Persons. Sec. 152. Each of the four 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. — Ibid. Duties of Coroner — Expenses of Li'iuest. Sec. 153. The Coroner shall hold an inquest over any 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 receive any fee or com- pensation for services as such, and said Coroners are hereby author- ized and empowered to issue their certificates to the register of Balti- more city, 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 rela- tives : proviiled, the amount of such expenses shall not in any case exceed the sum of seven dollars. — Ibid. To Make Monthly Reports to Police Commissioners. Sec 154. 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 ]asti)ast bclbre said rejjort, with a full description, as far as may be, of the jjersons who are 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 Coroners shall also, immediately after holding an inquest, dejjosit in some bank in Baltimore city, subject to the order of the Judges of the Orphan's Court of said city, all property, money and other efiects found upon the person of those over whom he shall hold inquest as hereinbefore provided. — Ibid. COMMISSIONERS OF THE STATE FISHEEY FORCE. THE OYSTER LAWS. The Act of 1874, chapter 181, repeals Article 71, P. G. L., and Acts of 1870, chapter 3(34, and 1872, chapter 167, and enacts the following : Steamers Prohibited from Catching Oysters. Sec. 1. No steamer shall be used in catching oysters in this State, and no other boat shall be used in catching oysters with scoop, dredge or similar instrument, without first having been licensed as herein- after provided. Who may le Licensed to Catch Oysters. Sec. 2. The Comptroller of the Treasury, shall, upon application of any person who has been a resident of this State for twelve consecu- tive months next preceding such ai:)plication, and to no otlier person, issue a license to such resident to employ such boat in catching oys- ters with scoop, dredge or similar instrument, within the waters of the Chesapeake Bay, and in Eastern Bay, outside of a line drawn from the south-west corner of second Kent Point to Wade's Point; provided, that nothing herein contained shall authorize the catching of oysters with scoop, dredge or similar instrument, on any oyster bar within one and a half miles of Talley's Point, Sandy Point, Hackett's Point, Thomas' Point, Holland Island Bar, Three Sisters, Swan Point Bar, Poplar Island, one-quarter of a mile west of, and between the island and the main land, nor within half mile of Plum Point, and to buy and sell oysters in this State ; which license shall hold good for one year, but shall only authorize the catching of oysters between the first of October and the first of May ; but it shall be lawful for the owner of any such boat licensed, whenever said owner shall sell and convey by bill of sale for a bona fide consideration, said boat unto any person who has been a resident of the State of Maryland for at least one year, to transfer the said license to said vendee with said boat ; which license when transferred, shall entitle said vendee with said boat to the same privileges for catching oysters in the waters of this State tliat the original vendor or assignor had before said assignment; provided, the said vendee and assignee shall appear before the Comp- trt)]ler of the Treasury, and make oath before him to all the facts, matters, things and prerequisites required of said original vendor or assignor, before taking out such license, upon which said license, said Comptroller shall certify the fact of said vendee or assitrnee having taken said oath, and for which said assignee or vendee shall pay the sum ol five dollars, to be jiaid to the State of Maryland. Boat Owners to male Oath. Skc 3. The owner of such boat shall make oath liefore the Comp- troller or his clerk, that he is the bona Jide owner of such boat to be STATE KISIIEUY FORCE. 299 described in the license ; that he lias been a resident of the State for the time Ix'lbre mentioned ; that there is no lion on said boat held by a non-resident : that the said boat is not held with an intention to violate the provisions of this luw ; such applicant shall produce before the Coni])troIler, at tlie time of such a])i)li(;ation, the Custom House enrollment or license of such boat, and if such boat is under Custom House tonnage, the owner shall swear as to her tonnage ; the master of such boat shall make oath before the Comptroller or his clerk, that he has been a resident of the State of Maryland for twelve months next preceding the time of taking such oath. Licenses Three Dollars per Ton, Sec. 4. Before granting such license, the Comptroller shall receive for it, from the applicant, at the rate of three (lobars per ton, lor every ton the boat may measure; the license shall be exhibited whenever called for by any officer of the State of Maryland. Penalties for Violating PreceiVrng Sections. Sec. 5. Any person who shall violate any of the provisions of the preceding sections, shall be deemed guilty of a misdemeanor and liable to indictment, and on conviction thereof, in any court in this State having criminal jurisdiction, shall be sentenced to the jail of the county where the case is tried, or to the penitentiary, for a term not exceeding two years, or fined not exceeding two hundred dollars, in the discretion of the court. Warrants of Arrest. Sec. 6. Upon information given on oath to any judge or justice of the peace, of any violation of the provisions of this article, he shall issue his warrant for the arrest of the offender or offenders, which war- rant shall be directed to the sheriff or any constable of the county wherein the said warrant is issued, or to any Commander or Deputy Commander of the State Fishery Force. Penalty for Resisting OJJicers. Sec. 7. Any person who shall resist any officer, authorized under this act to make arrests, shall be deemed guilty of a misdemeanor, and upon indictment and conviction thereof in any court having jurisdiction, shall be imprisoned in the jail of the county where the case is tried, or in the penitentiary not more than two years, or fined not less than fifty nor more than five hundred dollars, in the discretion of the court; the ])arties tried and acquitted under this article, shall have the cost of such trial paid by the Comptroller of the State out of the fund created by this article. Officers Duty to Arrest. Sec. 8. It shall be the duty of the sheriff, constable or officers of the State Fishery Force, to arrest any person lound violating the pro- visions of this article, and bring the ofiender before a judge of the court having criminal jurisdiction, or a justice of the i)eace most convenient or accessible, to be dealt with as herein provided. 300 STATE FISHERY FOKCE. Persons Arrested to give Security. Sec. 9. The .iudge or justice of tlie peace before whom any person may be brought, charged under oath with violating any of tlie pro- visions of this article, sliall cause the party to enter into recognizance with two sureties, approved l)y said judge or justice of the peace, in a sum not less than hve hundred dollars, ibr his or their appearance at the iirst term ot the Circuit Court thereafter, and in default thereof, may commit the said party to jail. Collection of Fines. Skc. 10. The fines accruing under this article shall be paid by the sherilf. constable or officer of the State Fishery Force, collecting the same within ten days, to the clerk of the county or city where such fine may accrue, and such clerk shall account lor the same to the CumptroUer of the Treasury in his next quarterly return. Condemnation of Boats. Sec. 11. Any boat, owned wholly or in part by any non-resident, tised in catching oysters in this State, wnth scoop, dredge or similar instrument, shall be condemned by order (if any judge of the Circuit Court nearest the place of her capture, or if captured in Baltimore, by order of the judge of the City Court, and shall be sold by the sherilf of the county where condemned, to the highest bidder for cash, after tAventy days notice of the time and place of sale, such notice to be published at least three times in a newspaper having the largest cir- culation, printed in Baltimore city, or in the county where con- demned ; one-fourth of the proceeds of such sale shall be paid to the party making the capture, except the officers of the fishery iurce, and the balance shall be paid into the Treasury of the State. Catching Planted Oysters a Felony. Sec. 12. Any per;;on who shall, without authority from the owner, catch oysters planted or bedded, shall be deemed guilty of a Heiony, and on conviction in the Circuit Court oi the county wherein the oysters were bedded, shall be sentenced to the penitentiary for a term not exceeding three years. ^Yl^en Utilawfid to Catch Oysters. Sec. 13. It shall be unlawful for any person to catch oysters, except for private use, or for the pur]jose of vepianting or bedding in the waters of this State, or for sale to tlie citizens of the county wherein they are caught, or the county next adjoining, between the lir^t day of May and the first day of September, in each and every year; any person violating this section, shall be deemed guilty of a misdemeanor, and fined by a justice of the peace of the county wherein the offence was committed, not exceeding filty dollars. Unlawful to Catch Oysters on Sunday or at Niglit. Sec. 14. It shall be unlawful for any person to catch oysters on Sunday or at night, and any person violating this section shall be STATE FISHKUY FORCE. 301 fined a sum not loss tlmn fifty nor more than five hundred dollars, by the judge or justice of the peace trying the case. Number of Vessel to be Visible. Sec. 15. The Com])troller of the Treasury shall have painted in Mnck iigures on white canvas, two sets of numbers, corresi)on(litig to the license to catcl) oysters wilh scoop, dredge or similar instrument; each figure shall be twenty-two inches in length, and of proportionate width, and the figures at least six inches apart; and' he shall give to each person taking out such license, two numbers thereof, one of which shall be firmly sewed ujion the starboard side, and in the middle ot that part of the main sail which is above the close reef, and the other number on the port side, and in the middle part of tlie jib, which is above the bonnet and reef; these numljers shall be placed in an up- right position, and worn at all times during the dredging season, and shall not be concealed or defaced, and no other number shall be ex- posed to view or used than that which is furnished by the Comptroller; any captain who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction in any Circuit Court of this State, shall be fined not less than fifty nor more than one hundred dollars, or imprisonment in the jail of the county where the case is tried, not more than six montlis, in the discretion of ilie court; i)rovided, the court or jiu-y trying the same, shall be couvinceU that the provisions of this section have been intentionally violated. Licenses to Catch Oysters with Tongs, &c. Sec. 17. Any resident of this State, desiring to use any canoe or other boat, in catching or taking oysters, for sale, with rakes or tongs, in any of the waters of this State, shall first obtain, by application to the clerk of the Circuit Court for the county wherein he may reside, a license therefor, and such license shall have effect from the first day of .June, in the year in which it may have been obtained, to the first day of June next succeeding ; provided, that such license shall not authorize the use of said canoe or boat, in taking or catching oysters in any creek, cove, river, inlet, bay or sound, within the limits of any county oilier than that wherein the license shall have been granted, and that the boundaries of counties bordering on navigable waters shall be strictly construed, so as not to permit the residents of either county to take or catch oysters beyond the middle of the dividing channel ; provided, that nothing in this section shall be so construed as to pre- vent the citizens of Calvert and St. Mary's counties from using the waters of the Patuxent river in common, or the citizens of Queen Anne and Kent from using the waters of the Chester river in common, or the citizens of Dorchester and Wicomico from using the waters of llie Nanticoke in common, or the citizens ol Queen Anne and Talbot from using the waters of Wye river and the mouth thereof in conunon. Licenses to Dredgers. Skc. 18. Each and every license to take or catch oysters, for sale, witli rakes or tongs, shall state the name and residence of the ])ers()ii to whom the same is to be granted, the number together with the 302 STATE FISHERY FOUCE. length, to he obtained by top or over all measurcmpnt of the canoe or boat licensed, tlie county in which the same is to be used, and the period at which said license will exi^ire. and every applicant for such license shall pay to the clerk of the court where such license may be granted, and before the issuing and delivery of the same, according to the following rates, viz: for any boat measuring in length twenty feet or less, the sum of two dolhirs ; measuring from twenty to twen- ty-live feet, the sum of three dollars ; measuring from' twenty-five to thirty feet, tlie sum of four dollars; and all over thirty feet, including sloops under Custom House tonnage, the sum of five dollars each ; and all oysters taken with rakes or tongs shall be culled upon the natural beds where they are taken ; the amount received from tonging license to be paid by the clerk to the school commissioners for the public schools of the respective counties where such license is issued; ])r(ivided, the sum received from white tongers shall go to white bchools, and the sum from colored tongers to the colcred schools. ApplkanU to make Oath. Sec. 19. Evcr^^ applicant for license to ttse any canoe or other boat, in taking or catching oysters with rakes or toners, shall be required to make oath or affirmation before the clerk authorized to issue the same, or some justice of the peace, on whose certificate of the taking of such oath or affirmation, the clerk shall issue said license, that the fiicts set forth in said license are strictly true, that he has been a hona fide resident of the county for the twelve months next preceding his application for said license, that he desires and intends to use said canoe or boat only in the county in which he resides, that he will not allow the same to be used for taking oysters by non-residents of the county, and that he will comply w:th and obey all the laws of this State regulating the taking or catching of oysters; and every person to whom such license shall have been granted, shall paint the number of his canoe or boat on the outside thereot, near the gunwale, in black figures, and not less than three inches in length, and of propor- tionate width, in a white ground, and no numlicr other than that in the said license shall be exposed to view on said canoe or boat; and any person failing to comply with this provision before using said boat or canoo for the i)urpose aforesaid, shall, on conviction thereof before a justice of the peace, be fined not less tiian five dollars nor more than ti'n. and any person who may refuse to pay s.iid fine shall be comniittcd to the county jail for the period of thirty days or until said tine be paid. Clcrls to issue Licenses. Sec. "f). The Comptroller of the Treasury shall cause to be printed and delivered to the clerks of tlie Circuit Courts of the several counties, the requisite numlicr of such Mauk licenses, and take receipts for tlio same as for other licenses iurnislied; and the said clerks shall on the first Monday of March and December in each year, return to the Comptroller a list and account of such licenses issued by them ; and no licenses to take or catch oysters with rakes or tongs, shall be issued to any ijoat or vessel which is licensed to take or catch oysters with scooj), drag, dredge or any similar instrument. STATE FISHERY FOKCB. 303 Penalties. Sec. 21. If any person shall use any canoe or boat, not licensed as required l)y the prccedintj sections of this article, in takinfj or catching oy.sters with rakes or tonsj^s except for private use, he shall, upon con- viction thereof before a justice of the peace for tlie county wherein tlie oflence has been committed, be lined not less than twenty nor more than one hundred chillars, and in case of a refusal to pay said ilne.said I>arty shall be committed to the county jail lor six mouths or until said fine be paid. License Moneij to he Paid to the Oyster Ftmd. Sec. 22. All moneys arising from the sale of licenses or from fines, penalties and lorleitures imposed under this article, shall, upon war- rant of the Comptroller, be paid into the Treasury and placed to the credit of the oyster fund ; and the Comptroller is hereby reqnired to state in his annual report particularly the receipts ami expcmlitures on account of said fund, and the balance standing to the credit of the State at the time of making such report. Exclusive Privileges of Otcners. Sec. 23. The owner or owners of any land bordering on any of the navigable waters of this State, the lines of which extend into and are covered by said waters, shall have the exclusive privilege of using tlie same for protecting, sowing, bedding or de])ositing oysters or other shell-fish, witliin the lines of their own land ; and any owner or owners of land lying and bordering upon any of the waters of this State, shall have power to locate and appropriate in any of the waters adjoin- ing his, her or their lands, five acres, for the jiurpose of protecting, preserving, depositing, bedding or sowing oysters or other shell-fish; and that any other citizen of the State shall have power to locate and appropriate five acres in any waters in said State not located or appro- priated; provided, thirty days notice in writing shall be given the owner or owners, occupant or occupants of land bordering on said water proposed to be located, that the owner or owners, occupant or occupants, may have priority of claim, and if they shall fail to locate or appropriate the water mentioned in said notice within thirty days after receiving the same, then it shall be open and Iree to any one under the provisions of this section; provided, also, that the said lo- cation or appropriation shall be described by stakes, bushes or other proper and visible marks, metes and bounds, which description shall be reduced to writing, under the oath of some competent survcyoi-, and recorded at the expense of the party locating or apprf)priating the same, in the office of the Clerk of the Circuit Court in the county wherein such lands may be located; and, 2>rovided, also, that such lo- cation and appropriation shall not injure, obstruct or imjiede the free navigation of such waters ; and, provided, that no natural bar or bed of oysters shall be so located or appropriated, and that six nuuiths peaceuble possession of all locations ol oyster grounds, under tlie laws of this State, shall constitute a good and suliicient title tliereto ; but should any one, within the six months hereinbefore provided, Ijc charged with locating or aj-tpropriating any natural bed or bar here- 304 STATE FISHERY FOIJCE. inlicfore proLihitecI, the question may be at once submitted, by any pcrpon interested, to the JuriLre of the Circuit Court in the county where such questions shall arise, who, after having given notice to the parties interested, proceed to hear the testimony and decide the case, and if decision be in favor of tlie party locating said five acres, said decision sliall l>e recorded with the original record of said iive acres, and shall in all cases be conclusive evidence of title thereto. Oysters in Creeks, Coves and Inlets. Sec. 24. If any creek, cove or inlet, not exceeding one hundred yards at low water in breadth at its mouth, make into the lands, or that if any creek, cove or inlet of greater widtli than one hundred yards at low water mark, make into the lands, tlie owner or owners, or other lawful occupant or occupants, shall have the exclusive right to use such creek, cove or irlet, when the mouth of said creek, cove or inlet is one hundred yards or less in width, and when the said creek, cove or inlet is more than one hundred yards in width at its mouth at low water, tlie said owner or owners, or other lawful occupant or occu- pants, shall have exclusive right to use such creek, cove or inlet, so soon as said creek, cove or inlet, in making into said land or lands, shall become one hundred yards in width at low water, for preserving, depositing, bedding or sowing oysters, or other shell-fish, although such cove, creek or inlet may not be included in the lines of any patent. The State Fishery Force. Sec. 25. The sum of twenty thousand dollars is hereby appropria- ted from the oyster fund of this State, to purchase or build six suita- ble sail vessels, and arm and equip the same for the service hereinafter specified, which, together with other vessels now in the service of the State, shall be styled the "State Fishery Force," and the Governor, Treasurer, Comptroller, Commissioner of the Land Office, and the Clerk of the Court of Appeals, shall constitute a I3oard, to be styled the Commissioners of the State Fishery Force; and they are directed to purchase, arm and equip said vessels; provided, that the Board aforesaid shall, under no circumstances, exceed the above approjiria- tion; and the Treasurer of the State, upon the requisition of said com- missioners, and the warrant of the Com^jtroller, is hereby directed to pay the sum or sums necessary, not exceeding this and any other appropriation hereinafter mentioned, for thepurposes herein specified Power to Aiin Vessels. Sec. 26. Said commissioners are empowered and directed to pur- chase for each of tiie guard boats belonging to said force, one suitable cannon, and surh other arms and ammunition as may be necessary to make them efficient. State Divided into Six Districts. Sec. 27. For the more efficient working of said Fishery Force, the waters of tlic State shall l)e divided into six districts, of which the waters of Somerset county shall constitute the first district; the waters of Wicomico and Dorchester counties the second ; the waters STATE FISHERY FORCE. 305 of Talbot county tlie tliird; tlie waters of Kent aiul Qnccn Anne's counties tlie tburdi ; the waters of Anne Annulfl county the iiiih; the waters of Calvert, Cliarlcs and St. Mary's connlles the sixth ; each of which said districts shall be iruai'dcd by one sailing vessel, excejit the second and sixth districts, which shall be guarded" by two sailing vessels, the vessel to be designated by the bouiniissioi ers ol said Fishery Force, and shall be under the general supervisiou of the commander of said force. The Deputy Commanders. Sec. 28. The Board of Commissinners of the State Fishery Force, shall have power to appoint a suitable person to command said force, toa])point tlie deputy commanders for their respective districts, irom persons of the counties whose waters comprise the different districts, who shall be commissioned by the Governor, and the said commander and deputy commanders shall have power to appoint their subordi- nates and select their crews ; and the term of ofHce of said commander and deputy commanders shall be for two years, unless sooner removed for incompetency or neglect of duty ; and if any of said officers shall fail in the discharge of his ditty, by reason of collusion with parties interested in violating any of the provisions of this act, he shall be guilty of a misdemeanor, and on indictment and conviction in a court of law, shall be lined or imprisoned at the discretion of the court. Power to Remove Officers. Sec. 29. The Board of Commissioners of the State Fishery Force, shall have the power to remove any oflicer of said force, lor neglect of duty or incom])etency ; and any officer commanding in said force, shall have the power to remove any subordinate under his command, and appoint a person to till the vacancy w'henever the interest of said service may in his judgment require him to do so. To Keep Vessels in Order. Sec. 30. The said Board of Commissioners shall have power to keep the steamer and said vessels in good order; and the Treasurer of the State, upon requisition of said Commissioners and the warrant of the Comptroller, is hereby directed to pay the sum or sums necessary to carry out the provisions of this section. How Officers are Selected. Sec. 31. The commanding officer, who shall have charge of the steamer, may Lie selected from the State at large, but that the de])uty commanders shall be selected from the districts in which they are to serve. Duties of Commanding Officer. Sec 32. The commanding officer is hereby required to keep his ves- sel constantly on duty, when circumstances will permit, and that every locality where a violation of the law is likely to occur, shall be visited as often as the duties of the force and condition of the vessel v/ill allow, and that every three months a report shall be made to the C^ommission- ers of the Fishery Force, of all official action taken under the law, 306 STATE FISHEUY FORCE. and of all moneys received for license issued to parties engaged in car- rying oysters taken in this State, which, on warrant of the Comptrol- ler, shall be paid into the Treasury. Duty of Deputy Commanders. Sec. 33. It shall be the duty of the deputy commanders to confine themselves ordinarily to their several districts, but it shall be compe- tent for them to enforce any of the provisions of this act. in any waters adjacent to their districts, when a violation of the same shall come to their knowledge; and that they shall report quarterly to the Comp- troller, the amount of moneys received for licenses issued to perstms engaged in carrying oysters taken in this State, and on receiving his w'arrant, shall pay the same into the Treasury. To Give Bond. Sec. 34. The commanding officer and deputy commander of said force, shall, before entering upon the discliarge of their duties, take, before one of the judges of the Circuit Court, the oath prescribed by the Ccuistitution. and shall enter into bond to the State of Maryland, in the sum of three thousand dollars, to be approved by said judges for the faithful performance of their duties as prescribed in this act. Salaries. Sec. 35. The salary of the commanding officer, in charge of steamer, shall be two thousand live liundred dollars per annum, and he shall have power to appoint one officer at twelve hundred dollars per annum, one engineer at twelve hundred dollars per annum, and one officer at nine hundred dollars jier annum, three seamen at thirty dollars per month, two seamen at twenty-live dollars per month, one tireman at thirty-live dollars per month, one fireman at thirty dollars j^er month, one lireman at twenty-hve dollars per month, one steward at twenty- five dollars per month, one cook at twenty-five dollars per month; and each deputy commander shall receive a salary of twelve hundred dollars per annum, and shall have power to appoint one oflicer at a salary of eight hundred dollars per annum, and three seamen at a salary of forty dollars per month, each to be selected from the district iu wiiich they are to serve. Rations Allowed. Sec. 36. The officers and crew of the steamer aforesaid, shall each receive one ration per day of the quality and quantity such as is al- lowed by law to the officers and crew of the Revenue Marine ot the United States, but no rations shall be allowed to officers or crews of the sailing vessels. Officers, ct-c, to be Paid Monthly. Sec. 37. The officers and crew aforesaid, shall be paid monthly by the Treasurer, upon warrant of the Comptroller, and the certificate of commanding officers, that their duties have been performed as required by law ; and the Board of Commissioners of the State Fishery Force shall have power to appoint some suitable person to perform tlie duty of clerk to said commissioners, and allow such compensation to said STATE VACCINE AGENT. 809 clerk as in tlieir jrulrrnient may be proper; provided, the amount so paid does not exceed Ave hundred dollars ])er annum. Act not to Affect Exinting Suits. Sec. 38. Nothing contained in this act shall allect any puits, actions, presentments or indictments now pending before any tribunal in tliis State, which have been instituted under the provisions of the article hereby repealed. ^ot to Apply to Worcester County. Sec. 39. Nothing in this act shall be construed so as to apply to Worcester county. Vessels Seeking Harbors. Sec. 40. Nothing in this act shall be construed to prohibit vessels from seeking harbors in any waters of this State. THE STATE VACCINE AGENT. The Act of 1864, Chapter 2()Q, as amended by the Act of 1873, Chapter 257, provides for a State Vaccine Agency, and the a])j)oint- mont, by the Governor, of a State Vaccine Agent, once in six years, at a salary of $600. The term of the j^resent incumbent, commenced in the Spring of 1870. State Vaccine Agency Estalli^hed. Sec 1. A State Vaccine Agency is hereby established ; said agency to be located in the city of Baltimore, in which place shall be kept, at all times, a supply oi" fresh and pure vaccine virus, if practicable, not more than four removes from the cow, for the use of the physicians residing and practicing medicine and surgery in this State. Governor to Appoint State Va'Ccine Agent. Sec. 2. The Governor, by and with the advice and consent of the Senate, shall, once in six years, appoint as State Vaccine Agent, one physician of good character and standing, whose duty it shall be to kee]) on hand, and to procure as often as may be necessary, pure vac- cine virus, and to furnish such virus to the physicians of the State gra- tuitously when called for. He shall keep a record of the name fnd location of each physician so furnished with virus, together with the quantities, qualities and number of times. He shall be required to ad- vertise once a month in one or more of the newspapers pul)lislied in the city of Baltimore, and once during the year (three insertions) in one paper of each county. He shall for his services as State Vaceine Agent, receive an annual salary of six hundred dollars, and to defray the expenses incurred by him in procuring reliable vaccine virus, and to further carry out theprovisions of this Act, the additional sum of fourteen hundred dollars is hereby appropriated ; said salary to be paid in quarterly installments, as other State othcers are now paid; p-oriiied, that it shall be comi)ctent for the Govei-nor, at any time, to remove said agent for neglect, incompetency, or unfaithfulness of any kind, and in eai^e of death, resignation or removal for any of such causes, to appoint another in his stead, who shall hold office for the unexpired term of such agent. 310 S7 K.TR VACCINE AGENT. When Paid hy County or City Authoritks. Sec. 3. For every child vaccinated -wliose guardian or parents are too ])oor to pay for tlie service, the County Commissioners of the seve- ral counties or"the City Council of Baltimore, as the case may l>e, s])all pay or cause to be paid to the physician performing the service, the sum of fifty cents for every such case, on presentation of such account duly authenticated by an athdavit setting forth, tliat the service was duly performed, and that the parents or guardians are unable to pay for said service. Who are to he Vaccinated. Sec. 4. It shall be the duty of every practicing physician in this State, to vaccinate all children in the circle of his practice which may_ be presented to him for vaccination, within one year after birth, if such child shall be in proper condition for such service, and he shall vaccinate all other persons not previously effectually vaccinated who shall request such service from him. Any physician neglecting or re- fusing so to do, shall, on conviction thereof, forfeit and pay for every oft'ence, a penalty of five dollars. Penalty for Willful Use of Defective Virus. Sec. 5. Any physician who shall knowingly and willfully use any virus defective in its nature, by having passed through a scrofulous system, from having been taken from one laboring under any disease of the skin, chronic, sore or feljrile, or other disease, during the pro- gress of the vaccine disease, or any crust which, during the progress of said vaccine disease, was punctured, or had sustained other injury, slisdl, upon conviction thereof, forfeit and pay a sum not less tliau one huudred nor more than five hundred dollars for each oft'ence. Duty of Parents and Guardians. Sec. 6. It shall be the duty of every parent and guardian to have his or her child vaccinated within twelve months after its birth, if it shall be in proper condition, or as soon thereafter as practicable; and if such parent or guardian shall have any other person under his or her control or care, not duly vaccinated, he or she shall cause such person or persons to be vaccinated prior to the fn-st day of November of each year. Any person failing to comply with the provisions of this section shall, on conviction thereof, forleit and pay a sum not less than five nor more than ten dollars for each ofience. All School Children to he Vacciymted. Sec. 7. No teacher in any school, shall, after the first day of Janu- ary eighteen hundred and sixty-five, receive into such school any per- son as a scholar, until such person shall jjroduce the certificate of some regular practicing phy; ician, that such applicant for admission into the school has been duly vaccinated. Any teacher so offending shall, on ccmviction thereof, forfeit and jiay a fine of ten dollars f(n- each ofi'ence, and no Public, School Trustee or Commissioner shall grant a pennit to any child to enter any Public School, without such certifi- cate, under the same penalty. How Fines Shall he Eecovered. Sec. 8. All fines imposed under the provisions of this Act, shall he recovered before a justice of the peace, in the same manner as small POLICE COMMISSIONEllS FOR BALTIMORE CITY. 311 debts are recoveral^le, for the use of the school fund of the county or city, in which such oflfence shall occur. To Give Bond in $;5000. Sec. 9. The Vaccine Agent, to be appointed under the provisions of this Act, shall give bond to the Statu of Muryland, in the sum of three thousand dollars, conditioned f)r the luitliful performance of his duties; said bond to be approved by the Comptroller of the State. [Sec. 10, appropriated $500 to the State Agent to procure vaccine virus, &c., for the year 1867, by the Act of 1807, ch. 6.] To Reproduce True Vaccine Virus— Ilf port to the Governor. Sec. 11. The State Vaccine Agent is hereby required to take all steps necessary to reproduce from the cow true vaccine virus, for the use of physicians residing and pnicticing medicine and sui'gery in the State, and shall furnish none more than four removes Irom the'cow, if practicable, and none that has not been produced under his own su- pervision and direction; provided, that he may take, use and furnish such virus furnished to him by any physician entrusted by him to procure the same, such virus not to be taken from the arm of a child less than three months' old ; and the said agent shall report annually to the Governor, the particulars of his expenditures, and other matters connected with the duties of his agency. Present Slate Agent to Remain in Office. Sec. 2. That the present State Agent shall remain in office during the term for which he was appointed, and nothing in this Act shall be so construed as to authorize his removal, so long as he shall comply with the provisions of this Act, and of the sections of the aforesaid article, of the Code of Public General Laws, not hereby repealed. THE STATE POLICE COMMISSIONERS FOR BALTIMORE CITY. The State Police Force for Baltimore city, is established by the Act of 1SG7, chapter 3(57, (Sections 806 to 827, inclusive, of the Public Lo- cal Laws of Baltimore City.) The Police Commissioners are selected by the General Asseml)ly, on joint ballot, for four years, from 1867, 1871 and 1875, at the Session preceding by one year, the commence- ment of their term of office. See page 70. Election of Police Commissioners — Removal — Salary — Bond. Sec. 806. There shall be elected by the joint meeting of the two Houses of the General Assembly of Mjiryland, three discreet persons, ■who shall be residents of the State of Maryland, live years preceding the day of their election, and three years residents in the City of Bal- timore ; said three persons shall be known as the Board of Police Commissioners for the City of Baltimore. They shall be subject to removal as hereinafter jirovided, hold their offices tor four years, and until their respective successors shall have been appointed and qual- itied, and shall each receive a salary of two thousand live hundred dollars per annum, payable quarterly. Before entering upon the duties 312 POLICE COMMISSIONERS FOK BALTIMORE CITY. of their office of Commissioner, each member thereof shall enter into bond to the State of Maryland with one or more sureties, in the pen- alty of ten thousand dollars conditioned for the faithful discharge of his duties as such Commissioner, said bond to be approved of 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 thereof, together with the certificate of appointment as aforesaid, 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 seventh section of the first article of the Constitution of Maryland, and the further oath or affirmation that in every ajipointment or removal to be by them made to or from the Police force created and to be organized by them under this Act, they will in no case and under no jiretext, 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 cr unfi^'ness of such person, in the best judg- ment of said Commissioners, for the place to which he shall be ap- pointed, or from which he shall be moved, and the said oath or affir- mation shall be recorded and preserved among the records of said court. President and Treasurer — Vacancy — Removal for Misconduct. Sec. 807. The Board of Police Commissioners, on entering upon their duties as such, shall select one of their number who shall be the Pi'esident, and one of tlieir 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, whicli shall proceed to fill said vacancy, and the General Assembly shall also in like manner elect by joint ballot Com- missioners to succeed those whose term of service shall expire, such election to be liad at the regular session of the General Assembly, im- mediately ])reccding the such expiration, and neither of said Com- missioners shall be eligible to an elective or appointed office during the tejni for which he has been elected, except under the militia laws of the State, and for any official misconduct on the part of said Com- missioners, the General Asseml)ly, if in session, shall have power of removal, and during the recess of the same the Governor shall re- move any of said Commissioners on conviction for any felony before any court of law, and shall appoint a successor or successors to such delin(iuent or delinquents. Commissioner or Commissioners so re- moved, to serve until the next meeting of the General Assembly. Clerh — His Duties — Bond and Salary. Sec 808. The Board of Police Commissioners immediately after organizing as aforesaid, shall select some suitable person to act as clerk to the Board, whose duty it shall be to keep minutes of the ])roceedings of the Board, take cliarge, by direction of the Board, of all i)ro])erty seized or found by the police or detectives, and to per- form all clerical and ]jro])erty duties required of him l)y the said Board; said clerk shall enter into bond to the State of Maryland in the same manner as hereinbefore prescribed for the Commissioners in POLICE COMMISSIONERS FOK BALTIMOKE CITY. 313 the sum of five tlioiisaiid dollars conditioned for the fixithful dis- charge of his duty as clerk and tlie sale keej)ing of all p!-oi)erty placed in his hands as aforesaid, and shall receive a salary of lifteen hundred dollars per annum, payable quarterly, and be subject to re- moval at the pleasure of the Board. Powers and Duties of Board — Proviso. Sec. 809. The duties of the Board of Police Commissioners hereby created shall be as follows: They sluiU at all times of the day and night within the boundaries of the city of Baltimore, as well on the water as on the land, preserve tlie public peace, prevent crime and arrest oflenders. protect the rights oi ])ersons and property, guard the public health, preserve order at primary meetings and elections, and at all public meetings and conventions and on all public occa- sions and places prevent and remove nuisances in all the streets and highways, waters, water courses and all other places, provide a proper police iorce at every tire lor the protection of tiremen and property, protect strangers, emigrants and travelers at all steamboat, ferryboat and ship landings and railway stations, see that all laws relating to elections and to the oljservance of Sunday and regarding pav.'n- brokers, gambling, intemjjerance, lotteries and lottery-policies, va- grants, disorderly persons and the public health are enforced ; and to enforce all laws, ordinances of the Mayor and City Council ol Baltimore not inconsistent with the i)rovisions of this Act or of any law of the State, which may be properly enforceable by a police force in case the said "Board of Police Commissioners" shall have reason to believe tliat any person or persons within the limits of the city of Baltimore intend leaving the city for the purpose of C(mm"iitting any breach of the jjeace or of violating any law of the State beyond the limits of the city, upon the Chesaj^eake bay or on any river, creek, inlet, water-course or other jilace on land or water within the State of Maryland, it shall l)e tlic duty of the said Board of Police Com- missioners to cause such person or persons to be followed, and take the most efficient means for the suppression and prevention of sucli out- rage, when any such sliall he attempted, and to cause the arrest of all such oft'enders ; ])rucitled, Jwvever, that if any crime be actually com- mitted by such person or persons, the offenders 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 l>e arrested u])on the same in any part ol the State by the police force, created under this Act, under such rules and regulations as the Board of Police Commis- sioners may ado])t; and the said Boanl shall have ])()wer to adminis- ter oaths or affirmations in the premises to any person or persons, a])pearing or called belore them, and shall also have the power of administering oaths or affirmations, and summoning witnesses before them whenever it may be necessary for the more etlectual discharge of their duties. Board to Employ Police Force — IIoio Officered — Compensation. Sec 810. The said Board of Police Commissioners be, and they are hereby authorized and required immediately on entering upon the 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 314 POLICE COMMISSIONERS FOR BALTIMORE CITY, 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 detec- tive, for the violation of any rule or regulation, which they may make and promulgate to said police force, officers of police and detectives; said force shall consist of one marshal and deputy marshal of police for the city, and one captain, two lieutenants, two turnkeys, and such number of sergeants as said Board of Police, in their judgment, may deem necessary, for each police district in said city, and five 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 spe- cial 2)olicemeu, who shall receive the sum of two dollars and fifty cents per day for their service. The period of ap2:)ointment in the regular police force shall be four years, unless sooner removed for official mis- conduct: and the qualifications for the position of officer of police or policeman, or detective, shall be good moral character, sobriety, citi- zenship of the United States, ability to read and write; and jDhysical strength and courage ; no person who has been convicted and sen- tenced to the Penitentiary shall be eligible to the position of officer, of police, policeman, detective or special policeman. 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 numlier of ten, said detectives shall receive each the sum of twenty dollars per week, payable semi-monthly, and shall not be al- lowed to follow any business or profession, but shall devote their whole time to the discharge of their duty as detectives ; the officers of police shall be paid semi-monthly, and their jDay shall be as Ibllows : the marshal shall receive twenty-five hundred dollars per annum, the deputy marshal shall receive two thousand dollars jJer annum, each captain twenty-two dollars per week, each lieuten£\.nt twenty dollars per week, each sergeant nineteen dollars per week, and each turnkey fifteen dollars per week, the joay herein provided for the police officers, policemen and detectives, shall continue in force until a change shall be made by Act of General Assembly. — 1870, ch. 287. SJiall select Justices of the Peace for Station Houses — Their Fees. Sec 811. The said Board of Police Commissioners shall have the power, and it shall be their duty, from time. to time, to select and em- ploy from among the duly appointed and qualified justices of the peace for the city of Baltimore, one justice to sit at each station house for the hearing of such charges as may be brought against such per- sons as may be arrested and carried to said station houses, and shall have full power to pay to said justices such reasonal)le compensation as thev, the said Board, may think i3ro])er, and to remove and change the said justices at their jjleasure ; provided, that nothing in this sec- tion shall be so construed as to prohibit the said justices from recov- ering from the parties so arrested and tried, such fees as they may be by law cntitied to receive for tlieir services, and it shall be the duty of the otlicers of police, policemen and detectives ap[)ointed under this Act, to execute any and all warrants and commitments which the said justices may issue and direct to them. rOLICK COMMISSIONERS FOU BALTIMORE CITY. 315 To Eatimate the Sum Necessary to Pay Police Force — Police Tax, &c. Sec. 812. It shall be the duty of the Board of Police Commissioners aforesaid, immediately to estimate and annually thereafter, what sum of money will be necessary for each current tiscal year, to enable them to discharge the duty hereby imjjosed on them, and they shall forth- with certiiy the same to the Mayor and City Council of Baltimore, who are hereby required, without delay, si^ecitically to assess and levy such amount as shall be suflicient to raise the same clear of all expen- ses and discounts, upon all the assessable property in the City of Bal- timo]-e, and to cause the same to be collected as all other city taxes, and it is hereby made the duty of the Collector of the City of Balti- more, and he is hereby requested to collect said tax, to be denomi- nated the Police Tax, and the said Board of Police Commissioners, upon and after qualifying as such, are hereby authorized to make re- quisitions from time to time, upon the Comptroller of the City ot Baltimore, or other proper disbursing officer or officers of the corpora- tion, 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 Act; provided^ the same shall not exceed in any year the amount so as aforesaid, certified, or which may thereafter be certified, for that year, to the Mayor and City Council aforesaid, and in case the said disbursing officer or officers shall not forthwith pay over the amount of each requisition as made, it shall be the duty of the said Board, and they are hereby authorized and required, to issue certificates of indebtedness, in the name of the Mayor and City Council of Baltimore, in such sums as they may deem advisable for the amount of such re- quisitions respectively, bearing interest at six per cent, per annum, i;ayable 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 receiva- ble at par in payment of city taxes, and be as binding on said corjjo- ration, and as recoverable against it as if the Mayor and City Council of Baltimore had themselves issued the same, and the Mayor and City Council of Baltimore shall have no power or authority to levy or col- lect any tax, or appropriate any money for the payment of any police Ibrce other than to be organized and employed under this Act, and no officer or other emploj'^ee of the said Mayor and City Council shall dis- burse any money therefor, and the power of the said Mayor and City Council to levy and collect taxes, and aj^propriate and disburse money for the pa} ment of the Police force, to be organized and employed under this Act, shall be exercised 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 i)rove insufficient for the necessary expenses for the current year, the said Board are hereby authorized and emj^ow- ered to issue certificates, and raise money therefrom, as hereinbefore provided, to meet the said exigency ; provided, hotcever, that no addi- tional issue shall exceed the sum of fifty thousand dollars, in any one year, and that the amount thereof shall be added to the estimate as- sessment 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. 316 POLICE COMMISSIOIsEKS FOR BALTIMORE CITY. Duty of the Slier {if. Sec. 813. It shall be the duty of the Sheriff of Baltimore city, wlienever 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 so to do, he shall summon the posse comitatus for that jDurpose, 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 organized or existing in said city as they may see lit, 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 militaiT 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, constables, 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, con- stable, or other peace officer, or persons, to obey any lawful command of said Board under the provisions of this section, they shall respectively be guilty of a misdemeanor, and punishable as in such cases made and i)rovided ; and any officer of any military force in the city of Bal- timore, 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, and shall refuse or willfully 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 j^erformance of the duties to said force assigned, and any inferior officer or private who shall refuse or williully fell to obey the orders of his superior officer in such behalf, sh.-ill be guilty of a misdemeanor, and j)unish- able as in such cases made and jji-ovided. Vacancies among Officers — How Filled. Sec. 814. Whenever a vacancy shall take place in any grade of offi- cers (except the marshal and deputy marshal) it shall be filled from the next lowest grade, if competent men can be Ibund therein ; the Board of Police Commissioners are hereby authorized to make all such rules and regulations, not inconsistent with this Act, as they may judge necessary for the appointment and employment, uniforming, dis- cipline, trial and government of the police and detectives, and tor the relief and compensation of the members of the police injured in per- son and property in the discharge of their duty, and the families of men or officers killed while in its performance ; j/rorideJ, that the al- lowance 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 Boartl shall be obeyed by the policemen, officers of police and de- tectives, 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 forieit the pay of any officer of police, policeman and detective for violation of any rule or regulation by them made and adopted. POLICE COMMISSIONERS FOB BALTIMORE CITY. 317 iVo Qratuity to he Received. Sec. 815. No officer of police, policeman or detective shall be al- lowed to receive any money as a i^ratuity or extra compensation for any services he may render without tlie consent of the said Board; and all such moneys as any officer of police, jjoliceman and detective may be so permitted to receive shall be paid over to the said Board, and to^rether with the proceeds of all fines, forfeitures, penalties and unclaimed j^roperty which may come to the possession of the said Board, or be refovered by them under the provisions of this Act or any other law, shall form a fund which the Board may apply towards the allowances of officers of jjolice, policemen and detectives and their families as hereinbelbre authorized, and for extra pay to such mem- bers of the force as by gallantry and good conduct on extraordinary occasions may be judged to merit, and any officer of jjolice, policeman or detective, who shall directly or indirectly, in violation of this sec- tion, receive any moneys as a gratuity or extra compensation, and shall tail to deliver the same to the Board for the purposes herein- before ])rovided, and shall apply the same to his own use, shall be forthwith dismissed, and forever after ineligible to any position in the force. Receipts and Disbursements. Six. 816. The Board of Police Commissioners shall cause to be kept by their clerk aforesaid a full record of their proceedings, and also cause all their receipts and disbursements of moneys to be laithfully entered in books to be provided for that purpose, and said books, journals and all other documents in the jjossession of said Board shall always be open to inspection by the General Assembly of Maryland or any committee appointed by it for that purpose, 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 the said General Assembly the number and expense of the police force employed by them under this Act, and all such other matters as may be of public interest in connection with the duties assigned to them. Treasurer to give Bonds, c£-c. Sec. 817. The Treasurer of the Board of Police Commissioners hereinbefore selected before entering ujion 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, as hereinbefore directed, with one or more sureties in the penalty of ten thousand dollars, C(mditioned for the fiithful 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 disbursements of all moneys received and disbursed by him, by order of the said Board with the vouchers thereof, during said period, which account shall be verified with the affidavit of the said Treasurer, 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 '>1S POLICE COjIJIISSTOXEISS FOR BALTIMOllK CITY. Secretary of State, the said Board shall retain a copy thereof with their certificate attached, to be filed among the papers of their office. Board may Close Bar-Rooms, &c. Sec. 818. The said Board of Police Commissioners are authorized and empowered whenever in their judgment the public peace and tranquility may require, to order and close the closing temporarily 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 Balti- more, 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 drinking 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 pursuance thereof or who shall sell or furnish liqitor 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 same to the grand jury of the city of Baltimore, if in session, and if not in ses- sion then to the next grand jury that may be summoned for said city, and every officer of police, policeman and detective who shall will- fully foil to make such report shall be forthwith dismissed from his position and shall be forever after ineligible to any position in the police. Police Districts, &c. — Fire Alarm and Telegraph. Sec. 819. The said Board of Police Commissioners be and they are hereby authorized and empowered to take possession 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 hereby 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 necessary, and such accommodations as may be requisite for the police force, said Board shall also have the use of the fire alarm and ^^olice telegraph in the city of Baltimore, and of all station houses, watch boxes, arms, accoutrements and other accommodations and property provided by the city of Baltimore for the use and service of the police heretofore created by an 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 created by this Act. Disposition of Property Seized. Sec. 820. It shall be the duty of every officer of police, and every policeman anddetective to report to the" Board, and deliver to them all property seized or found by said ofiicers of police, policeman or detective, immediately after the same shall have come into their pos- session, M'hich property, with the date of delivery, and descrii)tion of the same, and the name of the officer, policeman or detective dei)osit- ing the same, shall be entered in a book by the clerk, to be provided for that purpose, said clerk shall have the custody of all such prop- erty, and shall be held responsible for the safe delivery of the same, POLICE COMMISSIONERS FOR BALTIMORE CITY. 310 to the claimants wlion ordorcrl to do so, in writintr, l>y the said Board, whicli order sliall he liis voucher; and any otficer, policeman or de- tective, who shall tail or refuse, for a period of twenty-four hours, to deposit ail such property as aforesaid, shall be subject to removal by the said Board, ancl every ollicer, policeman or detective, who shall willfully refuse to return ail such jjroperty as aforesaid, or shall return the same to any claimant, shall be forthwith dismissed from office. Dutij of Marshal — Hk Reports. Sec. 821. It shall be the duty of the Marshal of police of the city to make to the Board of Police Commissioners, to be by them certified to the clerk of the Criminal Court of Baltimore city on the morning of each day (except Sunday,) a report showing the number of persons confined in tlie several station houses of said city, for any offence in- dictable under the common law or the Code of Genernl Laws of Mary- land, with the cause of their commitment, and how many, if any, were released, and by whom; and if any trial was had, and before whom ; and the names of the witnesses if any examined or present at the trial, and the place of their residen<'e, and if any fines and costs was imjjosed, if so, how much and to whom ])aid. Release of Persons Committee^ ervision over all Ihe warehouses, in regard to expenses, and so forth, tor the benefit of all parties interested in the same ; his salary to be twenty-five hundred dollars per annum, the said Supervisor shall give the same bond that is now required of the other Tobacco Inspectors by the laws of this State. Inspector's Suhstitute to Qualify under Oath. Src 8. That in case of the absence of any Inspector from his ware- liousc, by reason of sickness, or otlier unavoidable causes, then, during TOBACCO INSPECTORS AND SUPERVISOR. 323 liis absence, liis duties shall devolve upon the chief clerk, or such other clerk or employee as he 'may select or designate, who shall qualify, under oath, for the faithful discharge of the same. Hours of Ldbor. Sec. 9. That the hours of labor in the several tobacco warehouses in the city of Baltimore, shall be from seven o'clock, A. M., until twelve o'clock, M., and from one o'clock, P. M., until six o'clock, P. il. Receipt and Delivery of Tohacm. Sec. 10. That all tobacco landed or delivered at any of the ware- houses in the city of Baltimore, for inspection, shall be taken charge of by the Inspector, through his receiving clerk, and the parties de- livering the same, shall be entitled to receive, upon demand, the In- spector's receipt therefor. Number of Breals, Samples, &c. Sec. 11. That every Inspector shall have uncased and break, every hogshead of tobacco, that may be delivered for inspection, in not less than live diflerent places, for Maryland and Ohio, and not less than three different places for Kentucky and Virginia, and if the Insi:)ector shall be of the opinion that such tobacco is sound, clean, and in good order, then he shall select from each break, one bundle of the average quality of the break, and the bundle so selected shall be considered the sample of the hogshead ; he shall also have the hogshead ])roperly marked with its number, the year of inspection, and the initials of the owner on each head, and on the bilge, and shall have the tare and net weight marked with iron on the bilge. Stayed Tobacco. Sec. 12. That if any Inspector shall, upon examination of any hogs- head of tobacco, have reason to suspect that the same is trash, or flilse packed, he shall cause the same to be shaken out and repacked, and shall charge for doing so the sum of two dollars per hogshead, the same to be paid by the owner or his agent. Samples How Tried, Labeled and Sealed, &c. Sec. 13. That it shall be the duty of the Insj^ector to confine the sample of each hogshead of tobacco inspected, by tying them together with a strong tape run through the head of said sample, in such man- ner as shall be most likely to prevent the bundles from separating or being pulled out, and shall confine on said sample a pasteboard label, on which shall be written the marks and number of the hogshead, the date of ins2)ection, and the name or number of the warehouse, and shall seal said tape and label witli sealing wax, and shall stamp it with the seal of the warehouse. Whenever a hogshead of tobacco is re- drawn or reviewed, the samj^le and lul)el thereon of the original inspec- tion, shall be returned to the Insijector, to be by him destroyed, and the label on the sample given at the redrawing or reopening of the tobacco, shall show that the hogshead has been reinspected or reviewed. Tampering with Samples. Sec. 14. That any person or persons being proved guilty of tamper- ing with any sample of tobacco, after it shall have passed from the custody or control of the Insjiector, shall be liable to a fine of not less thiin one hundred dollars, by prosecution in the Criminal Court of Baltimore city. 524 TOBACCO INSPECTOKS AND SUPEUVISOR. Inspector to Keep Notes in Proper Books. Sec. 15. That each Inspector shall cause to be kept in proper books, the name of the owner, the niimlier, gross, tare and net weiglit of every hogshead of tobacco inspected by him, the State where grown, the consignee of the same, the name of the vessel by which shipped out, and the name of the party shipping the same, and for every hogshead so inspected by him, he shall issue his certificate or note, stating in such certificate or note, the name or initials of the owner, the number of the hogshead, the State where grown, the date of inspection, and the gross, tare and net weight of the hogshead, and he shall make no delivery of any hogshead of inspected tobacco from his warehouse, ex- cept iipon surrender of certificate or note, corresponding with the nmnber of the hogshead. Loss of Note — Hoic Renewed. Sec. 16. That if any certificate or note be lost or mislaid, or de- stroyed, the person entitled to receive the tobacco by virtue of such note or certificate, may make oath before a justice of the peace to the effect of said note being lost, and shall take a certificate to that effect, from such justice of the peace to the Inspector, and deposit the same with him, then the Inspector may deliver to such pei-son a new note or certificate, with marks, numbers, weights and date corresponding with the former note, and shall thereby be discharged from all actions and demands, on account of such former note or certificate. When not to he Reneired. Sec. 17. That no person shall be entitled to receive a new note or certificate in lieu of any note or certificate lost or mislaid, unless he shall notify the Inspector, at whose house it was issued, within twenty days after such note or certificate is first discovered to be lost or mislaid. Stayed Tdba-eco, How Recovered. Sec. 18. That all tobacco inspected in any of the warehouses, which may be condemned or stayed, shall be carefully cased up and weighed, and the gross weight and tare be entered upon a book, kept for that purpose, together with the number of breaks in such hogshead as may be stayed, also the cause, whether for false packing, trash, order or wet. Stayed Todacco to ie Reconditioned, &c. Sec. 19. That all tobacco thus stayed, shall with all convenient dis- patch be shaken out, reconditioned and packed, under the supervision of the Inspector, and re-weighed and entered upon the inspection books, as all other tobacco. Re-packing Stayed Tobacco. Sec. 20. The several inspectors having charge of the tobacco warehouses in the city of Baltimore, shall charge for re-conditioning and re-packing all stayed tobacco the following prices; for one or two breaks, one dollar; for full stay, two dollars; to be paid by the owner or his agents, and for re-drawing hogsheads of Maryland and Ohio tobacco, fifty cents, and for re-drawing all other kinds, one dol- lar for each hogshead re-drawn, to be paid by the owner or his agent; the charge of outage shall be two dollars for every hogshead not exceeding eleven hundred pounds, and twelve and a half cents addi- TOBACCO INSPECTOKS AND 8UPERVI60K. 325 tional on every hundred pounds over eleven hundred pounds; to be paid by the shipper of tlie tobacco or his agent. — 1872, Chap. 228. Stayed Tobacco may be Removed. Sec. 21. That tlie owner of any tobacco that may be stayed or con- demned, shall have the privilege of removing the same irom the warehouse free of all costs or charges whatever, either for outiige, cooperage or storage ; provided, also, that it shall not be lawful to remove any stayed tobacco from one warehouse to another, except as all other tobacco is removed. Cooperage of Tobacco. Sec. 22. That all tobacco delivered at any of the warehouses in the city of Baltimore for inspection, in such condition as to require cooperage, shall be properly coopered and taken care of, and the owner or his agent charged for the same not less than twenty-five cents, or more than fifty cents for each hogshead thus coopered. Scrap Tobacco. Sec. 23. That all scrap tobacco, accruing in any of the warehouses in the city of Baltimore, shall be sold by the Inspector to the best advantage, for the benefit of the tobacco fund, and the proceeds accounted for with all other receipts in returns to the Comptroller. Inspector to Advertise Tobacco to be Sold. Sec. 24. That each Inspector shall in the month of April, annually, cause to be inserted in some one of the Baltimore newspapers, once each week, for four successive weeks, an advertisement, stating the name of the warehouse, the w'eight, gross, tare and net, the number and the name, or initials of any hogshead of tobacco that may have been inspected, which has remained in the wai'ehouse for the space of four years, and the owners thereof being unknown to the Inspector, and if such tobacco shall not be claimed within thirty days after the termination of the advertisement, the same shall be sold by the In- spector, in such manner as he shall deem best, and the same be ac- coxmted for in the first quarterly return thereafter. The Owner may Recover Proceeds of Sale. Sec. 25. That if the owner of any tobacco, sold under the pre- ceding section, shall, within one year from the date thereof, satisfy the ComjDtroller that the tobacco so sold was his right and property, the Comptroller shall draw his warrant on the Treasurer for the amount of such sale, after deducting warehouse costs and charges. Lawful Tobacco — How Packed. Sec. 26. That no tobacco of the growth of this State shall be passed or accounted lawful tobacco, unless the same be packed in hogsheads, not exceeding fifty lour inches in the length of its staves, nor exceeding forty-six inches across the head, and the owner, or his agent, of tobacco packed in any hogshead of greater dimensions, shall re-pack the same in hogsheads of the size herein prescribed, at his own expense, before the same shall be passed. Accumulated T'obacco — How Stored. Sec 27. That whenever so large an amount of inspected tobacco shall have accumulated in any one warehouse, as to delay the inspec- 526 TOBACCO INSPECTORS AND SUPERVISOR. tions, and all other warehouses are equally full, the Insi)ector of such Avarehouse shall have the right to rent storage for as niucli as may be necessary to remove in order to make room for the inspected tobacco. What Tobacco is Not Subject to Storage, Sec. 28. That no tobacco of the growth of this State, and in the hands of the planters, or their agents, shall be subject to any costs or charges for storage or warehouse rent : this not to apply to tobacco the growth of any other State, or the growth of this State which may have been sold to any purchaser or shipper. Tobacco may Remain Twelve Months Without Charge. Sec 29. That every hogshead of tobacco of the growth of this State, that shall remain in any warehouse after being sold by the grower or his agent, for a longer period than twelve months, and every hogsliead of tobacco of the growth of any other State, whether sold or unsold, that shall remain in any warehouse for a longer period than twelve months, the Inspector of such warehouse shall charge the owner thereof the sum of fifteen cents per hogshead storage, lor each month after the said twelve months. Whai'fage — How Controlled. Sec 30. That in the absence of the State Wharfinger, the Inspector of each warehouse shall have charge and control of the wharf in fi'ont of his warehouse, so far as relates to the lauding or cording of wood or other material, to the exclusion of tobacco, and all vessels or other conveyance having tobacco to deliver to such warehouse, shall have preference over all others in the use of such wharves ; that no charge of wharfege shall be laid on any tobacco received at, or deliv- ered from, any of the State warehouse wharves. How Inspector''s Own Tobacco is to be Inspected. Sec 31. That when any Inspector shall bring his own tobacco to the warehouse whereof he is Inspector, the same shall not be inspected unless done by the Inspector of some other warehouse. Inspectors to Have a Copy of this Law. Sec 32. That the Comptroller, Librarian, or other proper officer, shall furnish each Tobacco Inspector with a bound copy of this Act, for his office use, the cost of the same to be paid out of the tobacco fund. Bepealing Section. Sec 33. That all laws or parts of laws, inconsistent with this Act, and the i)rovisious therein, shall be and the same are hereby repealed. WEIGHERS OF GRAIN. The Act of 1872, Chapter 244, provides for the biennial appoint- ment of one Weigher General and live Assistant Weighers of Grain in Baltimore city, as follows : Qovernor to Appoint Weighers of Grain. Sec. 1. The Governor, l)y and with the advice and consent of the Senate, shall, before the adjournment of the present General Assembly, bienninlly appoint one AVeigher General and five Assistant Weighers of Grain in and ior the city of Baltimore, who shall hold their oflice for the jieriod of two years from the first jMonday in IMay next ensuing their appointment and qualification, and until their successors be duly qualified. Oath of Office. Sec. 2. Every Weigher of Grain, appointed under the provisions of the preceding section, before he proceeds to act as such, shall, under the penalty of five hundred dollars, take and subscribe the following oath, in acldition to their oaths requii-ed by the Constitution and Laws, to wit : I, A. B., appointed AVeigher of Grain in the city of Bal- timore, do swear that I will diligently and carefully weigh all grain that I shall be called U2)on to weigh, and that I will not receive, dur- ing the time I hold the office of M'eigher General, or Weigher of Grain, any fee or reward from any one, directly or indirectly, for the dis- charge of my duty, and that I will not buy or sell any grain, or act as agent for any one, or assist in the buying, selling or consigning any grain for any one during the time I shall hold the said office ; and in every other respect, fairly and honestly, without prejudice or par- tiality, will discharge all the duties of Weigher General or Weigher of Grain, to the bestTof my skill and judgment, so help me God. Weigher General to Give Bond in $10,000, Sec. 3. The Weigher General, before he enters upon the discharge of the duties of his office, shall give bond to the State of Maryland, with two securities, to be approved l)y the Comptroller, in the pen- alty often thousand dollars, conditioned for the faithful iDerformance of the duties hereby imposed on him. Assistants to Give Bond in $5,000. Sec. 4. Each Assistant Weigher shall give bond to the State, with two securities, to be approved by the Comjjtroller, in the penalty of five thousand dollars, with a like condition as the bond of the Weigher General. Bonds may te Sued for Neglect. Sec. 5. In the event of a failHre to perform any duties assigned the said Weighers by this Article, the said bond or bonds may be put in suit by order of the Comptroller for the benefit of the State, and judg- ment rendered thereon as on other official bonds. 828 WEIGHERS or grain All Grain to he Reported — Duty of the WciyJier General. Sec. 6. All grain arriving in the city of Baltimore, must be re- ported to the Grain Weigher's Office, whether by steamers, sail ves- sels of all descriptions, barges, or canal boats ; and it shall be the duty of the Weigher General oi' Grain to have weighed all grain carried to said city for sale, except grain carried to the city on wagons, carts, railroad cars, or through elevators ; frotided, however, all grain sent to said city must be weighed by said Weigher General, if the owners of said Grain shall request it to be weighed by him. It shall be the duty of the Weigher General to proceed to weigh all grain within at least two hours after the same is reported, and continue weighing until the weighing is completed ; and for every failure to comply with this provision, the said Weigher General shall be liable to a penalty of twenty dollars, to be recovered before any justice of the peace in Baltimore city, one-half of the fine to go to the informer, and the other half to the State; the suit to be brought in the name of the State. If any grain shah be brought by water to Baltimore for sale in bags, the said weighers shall weigh the said grain on board the vessel or steamboat without removing it from the bags, if the buyer and seller shall mutually agree. Weigher General to Keep an Office. Sec. 7. The Weigher General shall keep an office in some station in the city of Baltimore convenient to the wharves or jilace where the trade in grain is chiefly carried on, and shall be in said office, except when upon duty weighing grain, Irom eight o'clock, A. M. until five o'clock, P. M., ready to receive all applications for weighing and measuring, and to hear and determine all controversies between the buyer and seller in relation to grain bought or sold as hereinafter i^rovided, and in case of sickness or inability to attend in said office at any time, he shall appoint some one of the other weighers to attend to his duties in his absence. Applications for Weighing Grain. Sec. 8. The Weigher General, whenever application shall be made to him by any party interested in any grain, to have the same weighed and measured, shall proceed in person, or direct some one of the as- sistant weighers to proceed at once and weigh the same. To Procure Weights amd Scales. Sec. 9. The Weigher shall carefully weigh and determine the weight of all grain, and for that purpose shall procure, at Ms own expense, suitable weights and scales for that purpose. Not to Weigh Grain after its Sale, or Buy or Sell it. Sec. 10. No Weigher shall weigh any grain after it has been once sold and delivered on its arriving in said city, nor shall he during his continuance in office buy or sell, either directly or indirectly, or re- ceive any grain by way of barter, loan or exchange, or in any way in- termeddle with or busy himself in procuring to be sold or consigned to any merchant, or in loading any ship or vessel with grain, except the ])roi)er grain that may have been grown by the said weigher, un- der the penalty of two dollars for every bushel so bought or sold, and upon conviction for the offence he shall be dismissed from his office. "WEIGHERS OF GRAIN. 829 Wei(/7ierf{ Not to Receive any Oratuity. Sec. 11. If any weijilicr shall acccjit or receive, directly or indi- rectly, any gratuity or reward for anything done by him in pursnancc hereof, other than what is hereinafter allowed as his compensation, he shall, upon conviction, forfeit the sum of one thousand doiiar^^, and ever after be incompetent to hold the office of weigher under the laws of this State. Weighers to Male Daily Returns. Sec. 12. Each Weigher shall make a daily return to the Weigher General of the number of V)ushels of grain weighed by him, and the Weigher General shall make or cause to be made an entry of the same in a well bound book, showing the number of bushels weighed and measured for each person, and the said Weigher General shall cl'arge and receive one-fourth cent per bushel for weighing, and shall charge one-fourth cent per bushel for measuring ; said one-fourth cent per bushel for measuring shall be paid by the seller to the measurer, and the first named aforesaid one-fourth cent per bushel for weighing shall be paid by the purchaser to the Weigher General. Weigher General to make Returns every Month. Sec. 13. The Weigher Gejieral shall make a return on the first day of every month, or within ten days thereafter to the Comptroller, verified by affidavit before some justice ot the peace, of the number of bushels of grain weighed, and the amount of money received therefor, and shall jjay the amount thereof after deducting necessary office rent, and the payment of the wages of not more than two clerks, at a salary of not more than six hundred dollars per annum for each, to the Trea- surer upon the warrant of the Comptroller. Comjienaation. Sec. 14. The Treasurer upon the warrant of the Comptroller, shall allow and pay over to the Weigher General and the other Vv'eigliers one- fourth cent per bushel \x\wn all grain weighed by them, provided, the same shall not amount to more than two thousand dollars in the aggregate for any one year for the Weigher General, and the sum of sixteen hundred dolhu-s for each Weigher, it being intended hereby not to pay said officer in gross more than two thousand dollars to the Weigher General, and sixteen hundred dollars to each assistant. To Ascertain Average Weight. Sub-Sec. 1. The said Weighers shall carefully weigh one bushel in every sixty of wheat, and one bushel in every one hundred of corn, rye and oats, for the purpose of ascertaining the average weight of the cargo or parcel of grain, and that in wa^ighing grain sold, it shall not be necessary to measure sixty bushels ol wheat, or one huntlred bushels of other sirain, before taking a draft for weighing; but it shall be the privilege of either party, at any stage of the delivery of the grain, to require that any intermediate draft shall be weighed, and if each party shall have caused an intermediate draft to be weighed, the average weight of the two dralts shall be taken as the accurate weight of the said sixty, or one hundred bushels, as the case may be, and in case only one of the ])arties shall require an in- termediate draft to be weighed, then the average of the said interme- diate draft and the Weigher's draft shall be taken as the weight ol said sixty bushels, as the case may be. 330 WEIGHERS OF GRAIN. Standard Weight of Grain. Sub-Sec. 2. The term grain used in this Article shall be construed to mean wheat, rye, f)ats, corn, buckwlieat and barley, and that the standard weight of wheat shall be sixty pounds to the bushel; rye and corn each fifty-six pounds to the bushel ; and oats twenty-six pounds to the bushel ; buckwheat forty-eight pounds to the bushel, and barley forty-seven pounds to the bushel ; and in all contracts here- nftei' made, a bushel of either of said articles shall be determined by the said weights respectively, unless the parties to any such con- tract shall otherwise expressly stipulate. E-tpenses Not to Exceed the Weighing Fund. Sub-Sec. 3. The amount to be so paid under the warrant of the Comptroller of the Treasury to the Weigher General and Weighers, and for any other expenses which may accrue under this Act, shall not exceed the amount to the credit of the weighing fund, as pro- vided by law, and if there shall not be in the treasury, to the credit of said grain weighing fund, a sufficient sum after paying the ex- jaenses incurred under this Act, to pay in full the said salaries of the said Weigher General and Weighers, then ratable deduction shall be made between the said Weigher General and said Weighers. On Failure to Report WeigJters to be Suspended. Sec. 15. If either the Weigher General or any Assistant Weigher shall foil or refuse to make the report and pay over the money re- quired of them by this Article, or shall make a false report, on com- plaint of the ComiitroUer to the Governor, (and it is hereby made his duty to complain whenever either of said officers shall fail to do their duty,) the Governor shall forthwith suspend liini irom office, and he shall remain suspended until he complies with the provisions of said section, and if the Weigher General shall fail to comply for two Aveeks after the time provided by this Article, he shall be dismissed from office. Bond Lial)le for False Return. Sec. 16. If the Weigher General or any Assistant Weigher shall make a false return, eitlier in amount of weights or money received and paid over, he shall be liable on his bond, and l)e ever afterwards incapable of holding any office under the grain hi as of this State. On Failure to Malce Return, Bond to be Sued. Sec. 17. The Comptroller shall, whenever the Weigher General shall fail to make the return to the Treasurer hereinbefore required, send a copy of his bond to the State's Attorney for the city of Balti- more, to be put in suit, whose (.Itity it sliall be to proceed thereon, for the sju'cdy recovery of the penalty thereof as upon other official bonds. Treasurer to Open an Account with Qrain Weighers Fund. Sf:c. 18. The Treasurer shall open an account witli the grain weigh- ing lund, and credit to said account or fund, all money paid into the Treasury by the Weigher General, and the surplus of fees that may hereafter )»e received li'om any weigher holding ollice untler the pro- visions of any otlier law, and pay tlie amount directed by law, to be ])aid thereout, and charge them to said fund, and shall invest the balance remaining in the Treasury to its account lor the benefit of WEIGHERS OF GRAIX. odl said fund, to be hereafter disposed of under tlie direction of the General Assembly of Maryland, for building a warehouse or ware- houses in the city of Baltimore for the accommodation of the grain trade of this State. Assistants may he Appointed — Proviso. Sec. 19. The Weigher General may appoint as many assistant •weighers and measurers of grain as the demands of trade require, and tix their compensation; providM it shall not be more than one-fourth of a cent a bushel, one-half to be paid by the buyer and the other half hy the seller, and may dismiss them ibr ncglectt, or impi-oper discharge, of duty, but before said measurers shall perform any duty, each shall take an oath before some justice of the peace for the iaithful and impartial performance of the duties of his office. No Person to Weigh Grain Except Those Appointed. Sec. 20. No person except those appointed under this Article, shall weigh or measure any grain in the city ol Baltimore that may arrive lor sale, as provided by this law, under the ]icnalty of twenty-five dollars for every oflfence, to be recovered in the name of the State, for the use of the informer, before any justice of the peace for the city of Baltimore. Weighers to Attend to the Duties in Person. Sec. 21. That the Weigher General and the assistant weighers, to be appointed by virtue of this Act, unless prevented by sickness or inability, shall attend to their respective duties in person, and not by de])uty," under a penalty of five hundred dollars, one-half to go to the informer, and the other to the State. COMMISSIONERS OF PIIAEMACY AND PRACTICAL CHEMISTRY. The Act of 1872, Chapter 414, entitled an Act to prevent incompe- tent persons from conducting business as pharmacists, or vending, at retail, drugs, medicines or chemicals, for medicinal use, in the city of Baltimore,"provides for the appointment of three "Commissioners of Pharmacy and Practical Chemistry," biennially, by the Governor, from among ten pharmacists nominated by the Maryland College of Phar- macy. The Act is as follows : Meaning of Term '■'■Pharmacists.'''' Sec. 1. The term or name "Pharmacists," in the meaning and scope of this Act, does mean, embrace and apply to all persons engaged in vending at retail, drugs, medicines and chemicals for medicinal use, and in compounding and dispensing physicians' prescriptions, either as owners of stores or as managing assistants in charge of stores. Violators of the Act suljcct to a Fine of $50 per week. Sec. 2. Any person who, after the passage of this Act, does vend or retail drugs, medicines or chemicals for medicinal use, or compound and dispense physicians' prescriptions in the city of Baltimore, without complying with the requirements of this Act, unless lie siiaU 382 COMMISSIONERS OP PHARMACY. be employed under the circumstances contemplated in Section 9, shall be deemed guilty of a misdemeanor, and subject to a penalty or fine of fifty dollars lor each and every week he shall continue to vend at retail, drugs, medicines or chemicals for medicinal use, or compound and dispense physicians' prescriptions in the city of Baltimore, with- out complying with all the requirements of this Act; said penalty or fine to be sued for in the name of the Commissioners of Pharmacy and Practical Chemistry, appointed under this Act, and before a single justice of the peace, in the same manner as small debts now are ; one- half of said penalty or fine to go to and be the property of the in- former, the balance to be paid to the Treasurer of the Maryland College of Pharmacy, for the use of said college. Oovernor to Appoint Three Commmioners. Sec. 3. The Maryland College of Pharmacy shall nominate, bien- nially, of the most skilled and competent pharmacists of the city of Baltimore, ten persons, irom amongst whom the Governor shall ap- point three Commissioners, whose duty it shall be to fairnfully and impartially execute or cause to be executed, all the provisions and re- quirements of this Act ; 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, medicines or chemicals for medicinal use. or in compounding and dis- pensing 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 disj^ense physicians' prescriptions safely and without jeopardy to the health and lives of the people of the city of Baltimore, they or any two of them shall grant such person a certificate of competency, and re- gister him as a Pharmacist. Title of Commissioners, &e. Sec. 4. The Commissioners appointed under this Act, shall be styled and known as the Commissioners of Pharmacy and Practical Chemis- try, and shall hold office for two years, and thereafter, until their suc- cessors have been appointed and have qualified ; said Commissioners shall, within thirty days after notification of their ap])ointment, each subscribe to an oath before the Clerk of the Superior Court of Balti- more city, to impartially and faithfully discharge the duties prescribed by this Act; the position of any Commissioner appointed under this Act, who shall fail to so qualify within the time and in manner named, shall be vacant ; the Governor shall fill all vacancies occurring from amongst the persons nominated by the Maryland College of Pharmacy, under Section 3 of this Act. Persons Selling Drugs to Register as Phamiacists. Sec. 5. Each and every person before commencing to vend at re- tail, drugs, medicines or chemicals, for medicinal use, or to compound and dispense physicians' prescriptions in the city of Baltimore, as managing owner of a store, or as managing assistant of a store, shall register as a Pharmacist, under the ])rovisions of this Act. To he deemed a Registered Pharnmcist. Sec. 6. Every person who shall, at the time that this Act goes into efi'ect, be engaged in vending at retail, drugs, medicines and chemi- COMMISSIONERS OF DEEDS. 333 cals, for medicinal U9e, and compounding and dispensing physicians' prescriptions in the city of Baltimore, and registered as an a])othe- cary, under an Act entitled "an Act to prevent incompetent persons from conducting the business of druggist and apothecary in the city of Baltimore," approved March the twenty-tliird, eigliteen hundred and seventy, shall be deemed a registered Pharmacist within the mean- ing of this Act. Wlio are deemed Competent. Sec. 7. Every person holding a diploma from a regular chartered and recognized College or School of Pharmacy, based upon a full ap- prenticeship of four years as a Pharmacist, and who presents satisfac- tory evidence of these facts to the said Commissioners of Pharmacy and Practical Chemistry, shall be deemed competent, and entitled to register as a Pharmacist. Fees for Certificate and Register $6. Sec. 8." Said Commissioners of Pharmacy and Practical Chemistry shall demand and receive from each applicant for a certificate of com- petency, whom they examine, five dollars for each examination, and shall likewise be entitled to demand and receive one dollar from every person whom they register ; the money received under the pro- visions of this section shall be used and applied by said Commissioners to defray the expenses accruing or arising under this Act. Pharmacist's Business in Case of Death. Sec. 9. In case of the death of a registered Pharmacist, doing busi- ness as such in the city of Baltimore, the business of said Pharmacist may be continued by his heirs, executors or admistrators, for the ben- efit of said heirs, for a period of six months, after whicli time, if the business is continued by said heirs, executors, or administrators, they must employ a registered Pharmacist to conduct it. COMMISSIONERS TO TAKE ACKNOWLEDG- MENTS OF DEEDS, &c. The Commissioners to take Acknowledgments of Deeds and other papers, are appointed by the Governor under Article 21 of the Public General Laws, as follows : Governor to Appoint Biennially. Sec. 1. The Governor, by and with the advice and consent of the Senate, shall, biennially appoint and commission one or more Com- missioners in each State, District or Territory of the Unsted States, who shall have authority to take the acknowledgment and proof of the executicm of any deed or other conveyance or lease of any lands, tenements or hereditaments lying in this State, or any contract, letter of attorney, or any other writing, under seal to be used and recorded in this State. To Hold Office as Other Ciml Officer's. Sec. 2. The said Commissioners shall hold their office as other civil officers of this State apjjointed in pursuance of the fourteentli section of Article second of the Constitution. ^34 COMMISSIONERS OF DEEDS. To Take an Oath and Procure a Seal. Sec. 3. Every Commissioner so appointfrc- ceding section for insjiection ; provided, that if any thing other than tobacco is landed, or any cargo is taken on board, whartage shall b^ charged ; and no vessel shall lie at said wharf for a longer time than the tobacco inspectors shall deem reasonable. Boats tcith Tdbacw to hare Preference. Sec. 10. The boats having on board tobacco for the inspection houses aforesaid, shall have a preference given to them over all other boats. Where Wood and Lumher are Not to ie Landed. Sec. 17. No person shall land any wood or lumber on Pratt street wharf, between Light street and Franklin lane, and the Mayor of the city of Baltimore shall enforce the provisions of this section. Under Penalty of |20. Sec. 18. If any person shall violate the provisions of the last pre- ceding section, he shall be subject to a fine of twenty dollars, one-hali to the informer, and the other half to the State. Recovered "before a JiiMice of the Peace. Sec. 19. The said fine may be sued for and recovered in the name of the State, before any justice of the peace lor said city, in the same manner as small debts. Justice of the Peace to make Return to Treasurer. Sec. 20. It shall be the duty of every justice of the peace for said city, to make an annual return to the Treasurer, of all tines imposed under the provisions of the aforegoing section, and to receive and pay over the same at the time of making said return. TH^ WEIGHMASTER OF LIVE STOCK. The Weighmaster of Live Stock in Baltimore city, is appointed by the Governor, under Article 4, Sections 458 to 477 of the Public Local Laws of Baltimore city, which prescribes his duties : Oovernor to Appoint Weighmaster. Art. 4, Sec. 458. The Governor, by and with the advice and con- sent of the Senate, shall biennially appoint a suitable and proper per- son to be Weighmaster of Live Stock in the city of Baltimore. Bond $5000. Sec. 459. Tlie person so appointed shall execute a bond to the State of Maryland, with two securities, to be approved by the ]\Iayor or City Council of Baltimore, in the penal sum of five thousand dol- lars, conditioned for the full peformance of all acts and things required o38 WEIGHMASTER OF LIVE STOCK. of him as Weif^hmaster, and to pay all damages that may be sustained by reason of willful omission, refusal or neglect to discharge the said duties ; which bond shall be filed among the records of the Superior Court of Baltimore city, and may be sued by any person injured or damaged by such willful omission, neglect or refusal. What Stock to lie Weighed. Sec. 460. All beef cattle and hogs brought for slaughter within the corporaie limits of the city of Baltimore, or within five miles of said limits, which have not been raised or grazed one year within said limits, or within five miles of the same, shall be weighed by said Weighmaster before they shall be sold or slaughtered. Weighmaster to Weigh all Stock "presented and give Certijicate of Weight. Sec. 461. The said "Weighmaster shall, upon any day in the week, except Sunday, weigh ail live stock that may be offered at the live stock scales for that purpose, whether required by the last preceding section to be weighed or not, and shall give a certificate under his hand, setting forth the actual gross weight of any number of cattle or hogs, or other live stock so weighed by him, to their owner or his agent, making such allowance in the nature of tare on account of any le Scales. Sec. 414. The Inspector of hay and straw shall sell the portable scales, and pay the proceeds of said scales to the Treasurer of the State. To Give Certificate of Weight. Sec. 415. The Inspectors shall give a certificate of every load of hay or straw weighed, stating the gross and net weight of such straw or hay, and wagon, cart or sled ; and if any seller of such hay and straw shall neglect or refuse to have the same weighed on the day of the delivery thereof he shall forfeit and pay for every such neglect or refusal the sum of five dollars. Penally for Neglect to lm.ve Ilay and Straw Weighed., de. Sec. Al-Q. If any person bringing hay or straw to said city shall ne- glect to have the same weighed by the said Inspectors, or shall be de- tected in having stones, rubbish, wood or anything else concealed in his load, or shall in any manner change the condition of his cart, wagon, carriage or sled with a fraudulent intention, he sliall forfeit and pay for each and every such ofl'ence, the sum of five dollars. Penalty for Selling, &c., without Inspection. Sec. 417. If any person, after having his hay or straw weighed, and having obtained the Inspector's certificate, specifying the quantity thereof, shall dis])ose of any part thereof or in any manner diminish the same in quantity, thereby to defraud or deceive the purchaser thereof, he shall forfeit and pay for every such offence the sum of twenty dollars. . Inspectors may Re-Weigh Wa^jons Free of Charge, &c. Sec. 418. The said Inspectors may re-weigh carts, wagons, carriages or sleds as often as they may deem expedient, and if at any time either of them shall Ik re juired to do so by a purchaser of hay or straw, and it shall be foi nd that his report of the weight of the cart, wagon, carriage or sleu is correct, the person requiring the same shall pay twenty cents to said Inspector ; in other cases the re-weighing shall be free of charge. In.^ectors may Weigh Other Articles. Sec. 419. The said Inspectors shall at all times when required weigh hemp cables, anchors, dye woods, bark, roots, etc. Where Scales are to ie Placed — Pay of Inspector. Sec. 420. One of the scales or apparatus for weighing, shall be placed in the western section of the city, and the other in the eastern; but the Governor may, ujjon petition, change the location of either, whenever and as often as he may deem i)roper, at the expense of the State. In addition to the charge herein! lef'ore autliori/.cd for the use of the State li,ay scales, the Inspector shall be entitled to demand and receive fifteen cents for each and every load of hay or straw, which ■WETGnERS OF HAT AND STKAW. 347 shall remain half an hour on the premises after tlie weighing thereof, Init Khali be removed before night, and thirty cents lor each and every load wliich shall be left on the premises until the next morn- ing.— 1864, ch. 384. Wev/hiiuj Apparatus to be Adjusted Monthly. Sec. 421. The weighing apparatus shall be adjusted at least once in six months by the standard of weights for the city of Baltimore, the expense of which, together with all the expense for repairs, shall be paid by the Inspectors. Inspectors to Account to Treasurer Quarterly. Sec. 422. They shall severally account for, under oath, and pay over to the Treasurer, quarterly, all moneys received by them as In- spectors, after retaining for their services two-thirds of all moneys received under the tour hundred and thirteenth section, and one-lil'th of all moneys received under the four hundred and twentieth section of tills Article.— 1804, ch. ;J84. Another Inspector Appointed — Ilis Duties and Fees. Sec. 424. The Governor shall appoint a proper person to act as In- spector of hay and straw at the scales erected under the Act oi 1867, c. 381, and his duties, in all resi)ects, shall be such as those now by law required of the Inspector of hay and straw at the western scales, and he shall have like rights, except so far as they are hereby changed ; and such appointment shall be made in all respects in like manner and subject to like contirmation by the Senate, as is now by law required in the apiJointment of Inspectors of hay and straw in the city of Baltimore: and said scales shall be used for the same pur- l)oses as the scales now established in the western section of said city are used for, and shall be subject to the same regulations. And the Inspector hereby authorized to be appointed, and the Inspector of the western scales now in operation shall, from the time that first named Inspector shall enter upon the duties of his office, severally account i()r, under oath, and pay over to the Treasurer, quarterly, all mcmeys received by them as Inspectors, after receiving for their services three- fourths of all moneys received by them for weighing and inspecting liay and straw, and one-fifth of all moneys received by them for weighing hemp, cable, anchors, dye-woods, bark, roots, &c. — 1867, ch. :!8L Inspector'' s Duties and Charges. Sec. 425. It shall be the duty of the Inspector of hay and strav/ having charge of the eastern hay scales at Canton in the city of Balti- more, to wei^h all cattle and liogs required by law to be weighed, whicli 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 (uie cent per head for every sheep, and for every second and sub- sequent weighing, for cattle and hogs two cents for every thousand weight, and sheep one cent for every thousand weight, and all live stock, not required to be weighed, the sum of six cents for eveiT^ thousand weight.— 1867, ch. 241. 348 WEIGHERS OF HAY AXD STRAW. To Keep Record of Expenditures, &c. Sec. 426. He shall keep a full record of all weights as ascertained and determined by him. of what and for whom the same may be ascertained and determined, and all money by him received for weiirhing live stock, and all expenditures and disbursements, in books to be provided for him for that jDurpose, 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 preceding said statement, and from whom re- ceived, and all disbursements 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 necessary expenses for receijits for weighing live stock, the said Inspector shall retain the balance as compensation for his services for weighing such live stock. Ibid. May Impound Stock for Charges. Sec. 427. He may, upon failure or refusal of any agent or owner of live stock to pay for weighing the same, impound any number of live stock he may deem necessary, or cause such fees to be paid ; pro- vided, no injury be done to said stock by confining them as aforesaid, that they be delivered to the owner or agent upon payment of all just and proper charges. — Hid. Penalty for Neglecting to Weigh. Sec. 428. 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 hereof for so many hours as he shall omit or neglect to weigh the same over and above the twenty-four hours, Sundays excepted, to be recovered in an action of debt before a justice of the peace, with costs. — Hid. Inspector^ Bond $1000. Sec. 429. The said Inspector of hay and straw shall execute a bond to the State, in addition to the bond hereinbefore j^rovided to be given by said Inspector, to be approved by the Comptroller, in the penal sum of one thousand dollars, conditioned for the full perform- ance 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 willful omissions, refusal or neglect to discharge the said duties, which bond shall be filed with the Comptroller of the Trea- sury. Appointment of Additional Inspector. Sec. 430. The Governor, by and with the advice and consent ol" the Senate, is authorized to a])point an additional Insi>ector of hay and straw for the eastern section of the city of Baltimore. — 1861, cli. 339. STATE ARMORERS. 349 Inspector Liahle to all Duties, &c., of Other Inspectors. Sec. 431. The said Inspector, as aii)resaifl, by virtue of tin's Act appointed, in the execution of his said ollice, shall conform to and be liai)lc to all requirements, duties and provisions required of the existing Inspectors, and enacterl in reference thereto by any acts of Assembly, now in force in relation to the same. — Hid. Bond ^1000— Commission $10. Sec. 432. Said Ins})ector shall give bond in $1000, and shall pay to the clerk for his commission $10, and no more. — 1870, ch. 256. Penalties — How Recovered. Sec. 433. All fines and forfeitures imposed may be recovered with costs in the name of the State, before a justice of the ])eace, in the manner that small debts are recovered, one-half to the informer and the other hall' to the use of the State. — Art. 4, P. L. L., Sec. 423. THE STATE ARMORERS. The duties of State Armorers are prescribed by Article VIII of the Public General Laws, as follows: Governor Appoints Armorers at Easton and Frederick. Sec. 1. The Governor, by and with the advice and consent of the Senate, shall, biennially, appoint an Armorer at Frederick and an Armorer at Easton, to take charge of and keep in repair and lit for use, all public arms and accoutrements in the armories at those places respectively. Amount of Bond. Sec. 2. Each of said Armorers, before he proceeds to the execution of his duties, shall give bond to the State of Maryland with security to be approved by the Governor, the Armorer at Easton in the pen- alty of two thousand dollars, and the Armorer at Frederick in the penalty of one thousand dollars, and conditioned for the iaithful dis- charge of his duties. Armm'ers to Report Annually to the Adjutant General. Sec. 3. Each Armorer shall, on or before the first day of October, annually, report to the Adjutant General the actual state of the armory under his control, designating in such report the number of arms and accoutrements, and the fitness or unfitness of any portion ol them for service, and also the quantity of the diflcrent materials of war, with the quality of the same. To Report Removals of Arms. dc. Sec. 4. "Whenever any arms or accoutrements, or other articles deposited in the armories as public property, shall be removed there- from, the Armorer shall immediately report the same to the Adjutant General, stating the purposes ibr which they were so removed and the authority iinder which he acted. 350 PROPERTY EXEMPT FROM DISTRESS FOR RENT, Governor may have Inventories Made of Arms, &c. Sec. 5. The Governor may, -whenever he may deem it necessary, employ two competent persons in the neighborhood of each of the said armories, to make out and return to the Secretary of State an accurate inventory of the arms, ammunition and other public prop- erty therein, together w^ith the condition and value thereof, and the persons so employed shall be entitled to two dollars for each day they shall be actually engaged in the discharge of said duty. Salary of Armorers, $300. Sec. 6. The Armorers at Easton and Frederick shall each I'eceive an annual salary of three hundi'ed dollars. MISCELLANEOUS. Property Exempt from Distress for Rent. • The Public General Law, Article 53, Sec. 17, entitled "Landlord and Tenant," exempt certain articles from distress for rent, as follows : Proj)erty Exempt from Distress for Rent. Art. 53, Sec. 17. The following property shall be exempt from dis- tr<^ss for rent, to wit : every spinning-wheel, loom or sewing machine which may be loaned or hired to the tenant ; and every horse, carriage and harness, whip and rope, saddle and bridle, not the property of the tenant, in any livery stable, or which may be at livery or stored with any keejoer of any livery stable, or in any other place, out-house or barn of the tenant ; and all property of any boarder or sojourner at any hotel, tavern, public or private boarding house ; and any ve- hicle, not the property of the tenant, in any shop for rci^airs ; every stove, every piano or other musical instrument rented or hired, or loaned to the tenant, where the contract of rentioL', hiring or lending of such stove or piano, or other musical instrument, is in writing, signed by the parties thereto, and acknowledged before a Justice of the Peace of the county or city wherein the parties reside, and the Justice shall enter upon his docket the substance of the contract, and that the parties acknowledge the same. — 1870, ch. 169. THE PUBLIC OFFICERS OF COUNTIES. THE COUNTY COMMISSIONERS. Constitution, Article VII, Sections 1 and 2. County Commissiomrs^Hoto and when Elected. ^ Akt. 7, Sec. 1. County Commissioners shall be elected on general ticket of each coimty, by the qualified voters of the several counties of this State, on the Tuesday next after the first Monday in the month of November, 1867, and on the same day in every second year thereafter. Their number in each county, their compensation, powers and duties, shall be such as are now, or may be hereafter prescribed by law. To Appoint a Surveyor to Fill Vacancy. Art. 7, Sec. 2, Provides that any vacancy in the office of Surveyor shall be filled by the Commissioners of the "county. COMMISSIONERS— POWERS UNDER THE GENERAL LAWS. The powers and duties of County Commissioners under the Public General Laws, Article 28, are as follows : Their Coiporate Powers. Art. 28, Sec. 1. The County Commissioners of each county in this State are declared to be a corporation, and shall have power to ap- point judges of election, road supervisors, collectors of taxes, trustees of the poor, a clerk to their Board, and all other officers, agents and servants required for county purjDoses. not otherwise provided for by law or by the Constitution; and they shall have charge of and control over the property owned by the county, and over county roads and bridges. They shall also have power to locate, alter or change the place of holding elections in the diiferent election districts or town- ships of their respective counties. — 1865, ch. 85. They may Sue and ie Sued. Sec. 2. They may sue and be sued, and may sue for any injury done to the property of the county, or to recover possession thereof, or may be sued by any claimant of such property. Their Kumber in Each County. Sec. 3. The number of County Commissioners in each county shall be as fixed by the Code of Local Law for each county. When to Qualify, ajid Levy County Taxes. Sec. 4. They shall meet in their respective counties within sixty days after their election, and quality by taking the oaths required by law, and shall meet once a quarter, and as much oftener as the neces- sities of the county may in their judgment require; provided, however, that the meeting to make the annual levy of taxes shall be held pre- vious to the first day of July in each year. 23 353 COUNTY COMMISSIONERS. To Levy all Needful Taxei. Sec. 5. They shall levy all needful taxes on the assessable property within the county, liable to taxation, and provide for collecting the same, and they may make such levy in whole or in part by estimate; they shall provide for the support of the courts, compensate Jurors and county or State witnesses, levy for out-pensions allowed by them- selves or the trustees of the poor, and such sums as may be necessary to pay accounts allowed by them for the funeral expenses of paupers, and pay and discharge all claims on or against the county which have been exj^ressly or impliedly authorized by law. To Beiuire Legal Vouchers for Claims. Sec. 6. They shall allow no claim against the county not properly chargeable to the same, and to which the claimant shall not produce a legal voucher. Tfiey Shall Rectify Errors of Assessment. Sec 7. They shall, when satisfied that any error has arisen by assessing property not liable to be assessed, rectify such error and levy, and pay to the proper person any money that may have been paid in consequence of such error. May Reduce Assessments upon Fishei-y Shores, &c. Sec. 8. Whenever any lands in any of the counties in this State shall greatly depreciate in value by reason of the diminished value of the fisheries attached thereto, the County Commissioners may reduce the assessment so as to make it conform to the fair value of the prop- erty. To Puhlish Annually Statement of Expenses. Sec 9. They shall make out and publish annually in at least two newspapers published in their respective counties, if there be two, a detailed, minute and accurate statement of the exj^enses of their said counties, specifying therein each particular item of expense, and for what and to whom paid, and shall also deliver to the sheriif of their respective counties as many copies of such statement as there are election districts in the county, at least ten days before each general election, and the sherift' shall, within six days after the receipt of such copies, set up one of them at the jjlace of holding elections in each election district; and the clerk to the County Commissioners and the sheriff who shall tail to perform the duty imposed by this section, shall each forfeit the sum of one hundred dollars. They May Open and Close Rongt: day lor each day they shall be engaged in the discharge of their duties, and mileage at the rate of ten cents for every mile over five miles from their places of residence, except PunT,ic KOADS. 3o:; the County Commissioners of B:i]timore county, who shall have and receive a salary of one thousand dollars per year each, includin>; mileaf,re, payable monthly l)y the Treasurer of sa'id county; and said County Commissioners of Baltimore county are hereby required and directed to meet at their otHce in the Court House in Towsontown two days in each week, (Tuesdays and Wednesdays,) and to meet daily from the tirst Tuesday in March until after'the annual levy is made, for the transaction of the public business. The County Commissioners of Baltimore county shall, within ten days after the passajre of this Act, file a bond in the office of the clerk of the Circuit Court for Baltimore county, to be approved of by the judge or judges of said c;ourt, in the sum of two thousand five liundred dollars, for the Jiiithful perlormance of their duties.— 1872, ch. 371. PUBLIC ROADS. Petitions for Pvilic Roads. Sec. 13. All applications for opening, altering or closing roads, shall be by petition to the County Commissioners. To Give Thirty Days' Notice. Sec. 14. Whenever any citizen or citizens of any county intend to petition the County Commissioners for opening, altering or closing any road, they shall give thirty days' notice thereof in one or more of the newspapers published in the county; and if no newspa])cr be published in the county, they shall give pul)lic notice of such inten- tion by setting up a notice at the court house door, and at three pub- lic places in the election district in which it is proj)osed to open, close or alter the road, for at least thirty days. Ccmnter Petitions may he Presented. Sec. 15. Counter petitions may be presented to the County Com- missioners, and when they are, the County Commissioners shall take into consideration the reasons contained in the counter petition, and such other testimony as nuiy come before them, and determine the case as in their opinion shall seem right and i^roper. May Appoint Examiners to View the Ground. Sec. 1G. Whenever the County Commissioners shall deem it expe- dient that Examiners should be appointed to view the ground for the ])nrpose of opening, altering or closing a road, they shall appoint three persons as Examiners, who shall be freeholders in the county, and not interested nor holding lands through which the said road is l)roposed to be opened, altered or closed. Examiners to 2'ake an Oath. Sec. 17. The said Examiners, before they proceed to act as such, shall take an oath to execute the trust reposed in them by the com- mission to them issued, faithfully and without favor, affection or l)artiality ; which oath shall be endorsed on the commission and re- turned therewith. To Examine the Premises after Thirty Days'" Notice. Sec. 18. They, or a majority of them, after giving thirty days' notice in the manner hereinbefore prescribed, shall meet on the 354 PUBLIC EOADS. premises and proceed to examine and determine whether the public convenience requires that the road should be oldened, altered or closed, as the case may be. To Locate said Road and Report Thereon^ lic travel, and then and not before, the contractor shall be entitled to receive the last install- ment due thereon. Bridfjes 'between Adjoining Counties to le Built, &c. by (Joncwrence of Commissioners. Sec. 54. If, upon petition in writing of any citizen or citizens of any county, to the County Commissioners, praying for a bridge to be built or repaired, over any stream or place dividing two adjoining counties, and the said County Commissioners shall deem the ])rayer in the petition reasonable, they sliall by message, in writing, ask the concurrence of tlie County Commissioners of the adjoining county, and upon the concurrence of the last named County Commissioners, the County Commissioners of each county shall appoint three disin- terested and discreet Examiners, and each shall notify the other of such api^ointment. Examines to Report the Relative Cost to each County. Sec. 55. The said E:;aminers shall, with all convenient dispatch, meet and examine, and determine as to the expediency of building or repairing the bridge, the place where, the plan, material, and the rel- ative portion of the cost each of the adjoining counties should pay, and estimate the whole cost and report their opinion and all other proceedings to their respective county commissioners. Examiners to Adrertise for Proposals. Sec. 56. If said rei)ort be approved, and a bridge be reported as proper and exjjcdient to be built or re])aired, the said several County Commissioners shall direct the Examiners to advertise for sealed pi'o- posals to build or rejjair such bridge as in their report may be men- tioned, stating the ])lace, plan, material and workmanship, with suf- ficient certainty for the purpose of obtaining proper proposals for the same, and the time and place when such proposals will l)e opened. Examiners to Award the Contract to the Lowest Bidder. Sec. 57. And at the time and place named in such notice, the Ex- aminers shall meet ami open said ])roposals, and shall award the work to the lowest bidder, all things i>eing considered, who shall thereupon enter into a contract with said Examiners, and give bond with security by them approved, in the penalty double the amount of the price of the work, for the faithful performance of said work. Examiners to Direct the Progress of the Woi'lc. Sec. 58. The Examiners, during the progress of the work, and up to its completion, shall at any time have full authority to examine and direct the same, and when completed, shall receive the same and open it for puljlic use, and notify the commissioners of their respective counties thereof, and the said commissioners shall thereu])on pay or levy for their respective proportions of the cost of the said woi-k ac- cording to the contract. In Case of Disagreement tJie Relative Cost to be Settled by Arbitration. Sec. 59. It the Examiners on the part of adjoining counties cannot as to the relative amount each county shall va,-" of the costs and ex- 360 BllIDGES. penses of building or repairing any bridge, tliey, or a majority of them on the part of each county, shall each appoint an arbitrator to determine the matter in dispute : and if the arbitrators cannot agree, they shall appoint an umpire, who shall not be a resident of either county, and the award and determination of the arbitrators or umpire shall be final and conclusive in the matter submitted. Ifo Bridge Built Over a Navigahle River. Sec. 60. Nothing contained in this Article shall authorize any County Commissioners to build, or order to be built, any drawbridge, or any bridge across a navigable river. If Considered Inerpedient Citizens may Appeal. Sec. 61. In all cases, upon representation, in writing, of any citizen or citizens of any county in which the County Commissioners may determine to build or repair any bridge, or unite with an adjoining county to build or repair any bridge between the said adjoining counties, filed before a contract for building or repairing has been made, that the said determination of the County Commissioners is inexpedient, and desiring an appeal from such determination, the County Commissioners shall grant such appeal and cease all further proceedings until the appeal is decided by the Circuit Court for the county. Appeal to le Determined hy the Circuit Court. Sec. 62. Upon such appeal being taken, the County Commissioners shall immediately cause to be filed with the clerk of the Circuit Court, all records, acts, i:)apers and proceedings, or copies thereof, which may by the appellant be required, with full opportunity for him or his counsel to examine the books and papers of the Commissioners i-elative to the matter, and thereupon the Circuit Court shall proceed to try and determine the matter according to justice and right, with or without the aid of a jury, as the parties may agree or the court may order. When Appeal is not Sustained, the Appellant to Pay Costs. Sec. 63. In all cases where the appeal is not sustained the appel- lant shall pay the costs, and in all other cases the court shall direct the costs to be paid in such manner and by such party as it may deem equitable and just, and the County Commissioners shall be the appellee in such appeal, and shall levy as i)art of the county charges, and pay whatever costs and charges are so ordered to be paid by them, and all incidental expenses not herein provided for. Commissioner's may Establish PuUic Landings. Sec. 64. In all cases where the public convenience requires it, the County Commissioners shall have power to establish a public land- ing upon any navigable river or canal. The Proceedings in Such Cases. Sec. 65. Upon all applications to establish a public landing, the same proceedings shall be had as on applications to open a public road. [Sections 65 to 104 of this Article relates to the Draining of Lands. See 1872, Chapter 382.] STATE TAXES. 361 CONTRACTS. Every Contract must he in Writing — Bond. Src. 105. The County Commissioners of any county in this State, in awarding any contract for work to be done, and in agreeing and contracting for the doing tliereof, sliall make every such contract in writing, and shall require and demand of the party or parties witli whom said agreement or contract is made, full and ample security, by bond, for the true and jiroper performance of said work in accord- ance with the terms and specilications of said agreement or contract. 1872, ch. 383. Commissioners to have no Interest in any Contracts. Sec. 106. It shall not be lawful for any County Commissioner, dur- ing his term of office, to hold, possess, purchase or acquire any share or interest in any agreement or contract made, entered into or con- cluded with any party or parties whomsoever, by the County Com- missioners of his county, in their character and capacity as such Commissioners, or to have, receive, enjoy or participate, either di- rectly or indirectly, in any of the benefits, profits or emoluments of any such agreement or contract. — Ibid. Not to Purchase or Hold any Claim Against the County. Sf.c. 107. It shall not lie lawful for any County Commissioner, during his term of office, to accept, hold, purchase or acquire any claim on or against the county of which he is a Commissioner, or any share or interest in any such claim, which said claim has Ijeen or is to he passed upon and approved by the Board of County Commissioners of which he is a member. — Hid. Liability to Indictment, d-c. Sec. 108. If any County Commissioner shall violate any of the provisions of the two preceding sections, he shall be liable to indict- ment, and upon conviction, shall forfeit his ofiice, and shall also for- feit his share in the agreement, contract or claim, as aforesaid, as the case may be. — Ibid. [The Act of 1870, Chapter 359, provides for the erection of a true Meridian Line Standard in each county in the State, &c.] STATE TAXES. Commissioners, e laid before the Appeal Tax Court, a list of all certificates which have become ready for patent, expressing the name ol the land, the quantity it contained, and the person who is entitled to patent, and in case of re-survey when va- cancy has been added, the names of the original tracts and the quan- tity of vacancy added. REVENUE AND TAXES. 365 Aliened Pro-perty. Sec. 11. No person shall Ik' cliaryeal)le with the assessment of prop- erty which he may have alioned, but the same shall be chargeable to the alienee, and the County Commissioners and Appeal Tax Court shall from time to time correct the account of any ])erson who may have parted witli the possession of any property, and the same so taken off, shall be chaiged to the person who may have acquired pos- session of the property, unless the same shall have been removed lioui the county or city. Duties of County Coinmissioners and the Appeal Tax CaiiH. Sec. 12. The County Commissioners and Appeal Tax Court, at their annual meeting for noting transfers and hearing appeals, are directed to alter and correct the account of any person who may have disposed of or acquired any pro])erty since the last assessment, or whose prop- erty or any part thereof may have been omitted, if the report ol' such disposition, acquisition or omission, be supplied by satisfactory evi- dence, and if real estate or other property shall from any cause have increased largely in value since the last assessment, the Ci)unty Com- missioners or Appeal Tax Court shall correct and alter the asseii4iu\eat of the same, so as to conform to its present value. Duties of the Mayor and City Council of Baltimore. Sec. 13. The Mayor and City Council of Bnltimore shall anntjally appoint a board to consist of at least three persons, to be styled the Appeal Tax Court, who shall meet from time to time for the purpose of hearing appeals, and making transfers, and correcting the accounts of assessable property charged to tax payers, and the assessment thereof; the said mayor and city council may also appoint such num- ber of assessors as they may deem necessary in investigating and as- certaining all omitted property, and assessing and rvjturuiug tlie same to the Appeal Tax Court. Vacancies to te Filled. Sec. 14. The Mayor and City Council shall fill all vacancies in said Appeal Tax Court, as soon as practicable after any may happen therein, in the manner provided for in such cases of vacancies of other city officers ; and the members of said board shall receive such com- pensation as the Mayor and City Council shall provide to be paid by the city. Oath to le TaJcen. Sec. 15. The persons appointed to compose said Appeal Tax Court and the said assessors shall, before they enter upon the perforniMncc of their duties, take an oath before the Mayor of Baltimore City that they will well and faithfully perform the duties required by law. v/ithout favor, affection or partiality. Relating to Alloicance or Deduction. Sec. 16. Whenever any person shall make api)lication for an allow- ance or deduction on account of the sale, transfer, alienation, loss or removal of anv ])roperty, or the collection or payment of any public or private security lor money, the County Commissioners or A])j)eal Tax Court shall interrogate him on oath in reference thereto, and the 866 REVENUE AND TAXES. disposal of the same, and especially inquire of bira to wliom the same has been sold or transterred. and the amount of the puichase money or the money collected, and how the same has been invested. Persons to he Interrogated, &c. Sec. 17. They shall also interrogate said person on oath in reference to ;iny acquisitions or investments made by him, and not already asse-scd, and the amount of all such acquisitions and investments shall be added to his assessable property, and if he refuses to answer, no allowance or deduction shall be made on his assessment; 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 property may in their judgment require revision and correction, and examine such person on oath touching' the same ; and any ])erson so summoned, and refusing to appear, or to be sworn, or to answer touching said account or property, shall be liable to prosecution therefor, and upon conyicticm belbie a justice of the peace, shall be lined not exceeding htty dollars for each otfeuce. Change of Residence. Sec. 18. Every person who shall remove to any county or city f)'om the county or city in which his property has been asicrised. or iri)m any other place without the State, and whose personal property has not been assessed for the county or city to which he has removed, or any other person whose property or some part thereof has not lieen assessed, shall, when required by the coUecter of the county in which his personal property or the personal property under his care or management doth lie, or by the Appeal Tax Court for the City of Baltimore, give to such collector or Appeal Tax Court, a full and particular account of his personal property in said county or city, and of all the personal 2:)roperty 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 said county or city, and the name of the person to whom it belongs. Penalty for Neglect to Render Account. Sec. 19. If any person shall, when required by a collector or by the A])peai Tax Court, or alter ten days' notice, neglect to render the account required in the last preceding sections, he shall forfeit a sum not exceeding one thousand dollars, and the collector or Api)cal Tax Court shall, on his or their own knowledge, and on the best informa- tion he or they can obtain, value the property of such person to the utmost sum he or they believe the same to be worth in cash ; and in his or their return of said valuation, he or they shall certify the said refusal or neglect, and the county commissioners or Ap])eal Tax Court shall assess such person according to the sum so returned, and the same shall be collected as the assessment. Removal of Properly. Sec. 20. Whenever any person shall ap])ly to the County Commis- sioners or Appeal Tax Court for allowance or deduction on account of the removals of properly from one county to another, the County Commissioners or said Court to wlumi the application shall be made, shall ascertain of the party applying, to what place within the State the pro])erty has i)een removed, and shall inform the proper authori- ties of the place to which the property is removed, of the fact of such ri.niovul. REVENUE AND TAXES. 8G7 Amou7it of Tax Levied Anmially. Sec. 21. The County Commissioners of the several counties of this Statd, and the Mayor and City Council of Baltimore city, are hereby directed to levy annually the State taxes to be collected according to law. and to be apportioned as follows: an annual tax of live and one- half cents on each one hundred dollars, to meet the interest and to create a sinking fund lor the redemjition of the defence or bounty loan; an annual tax of twelve cents on each one hundred dollars, to aid in the support of the public schools, to l>e distributed according to law among the several counties and the City of Baltimore; a tax of one-half of one cent on each one hundred dollars, to meet the in- terest and create a sinking fund for the redemption of the bonds of the southern relief loan ; a tax of one-fourth of one cent on each one hundred dollars, to meet the interest and create a sinking fund for the redemption of the bonds of the Deaf and Dumb Asylum loan; and a tax of three-fourths of a cent on each one hundred dollars, to meet the interest and create a sinking lund for the redemption of the bonds of the Maryland Hosi^ital loan, and such other State tax or taxes as may from time to time be prcscriljcd by law; and the Comp- tioller of the Treasury shall annually levy the same State taxes on the shares of capital stock of all banks. State or National, and other in- corjiorated institutions and companies in this State, the shares of whose capital stock are by law liable to assessment and taxation. Alphabetical List of Property Oicner's. Sec. 22. The County Commissioners and Appeal Tax Court shall direct their clerk to enter and record in a book or books to be pro- vided for the purpose, an accurate and fair account of all property of every sort within their county or city, and the valuation thereof, and an alphabetical list of the owners thereof properly arranged accord- ing to the election districts in the several counties, and according to the several wards in the city of Baltimore, which any person may in- spect without fee or reward. Duty of Clerics. Sec. 23. The said clerks shall transmit to the Comptroller, annually, within thirty days after the annual levyof taxes for the State, a re- turn of the assessments of property in each county and the city of Baltimore, showing the amount thereof, and the amount placed in the hands of each collector of such county or city; 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 circuit court lor the county or the criminal coart ol' Baltimore, to a penalty of one hundred dollars lor the use of the State. Duties of Staters Attorney. Sec. 24. The State's Attorney of the county or city shall give in- formation of such neglect or refusal to the grand jury ut' tlie county or city, upon being advised thereof by the Com})troller. Duty of County Commissioner's. Sec. 25. It shall be the duty of the County Commissioners of the several counties, and Mayor and City Council of the city of Balti- more, annually, on or before the third Tuesday of Aj)ril, to impose the State taxes jprescribud by law; and if the County Commissiouers 368 REVENUE AND TAXES. of any county, or the Mayor and City Council of the city of Balti- more, sbiill fail to impose the said taxes before the first day of July iu any year, the clerk of the said County Commissioners or Register of the city of Baltimore, as the case may be, shall give notice thereof to the Governor, within twenty days after sucli failure, and thereupon the Governor shall appoint a tax board of three pt)rsr the local authorities of the said counties to provide any fixed, annual, or other stated compensation for the collection of the State taxes; nor shall the County Commissioners ))rovi(le a salary of any kind, or any other compensation, to the saiil collectors, for their services in collecting the State and county taxes, otherwise than by a per centum ou the amount of their collections as contemplated in this article. Collectors of County Tares to Give Bond. Sec. 31. Every collector of couuty taxes, beliu'c he acts as such. K.EVENUE AND TAXK3. dOJ shall give bond to the State of Marvlaiid in penalty of douMe the amount of such taxes to Ije collected by him, with E^ood and siitricicnt securities, to be approved by the County Commissioners; and ihe collector of city taxes in the city of B.dti more, before he acts as puch, shall give bond in such penalty as may be prescribed by the ordi- nances of the Mayor and City Council, to be a])proved by tlic Mayor and Presidents of both branches of the City Council, or any two of tlum, the Mayor beinsf one, with the condition that if the above bound sLall well and faithfully execute his ollico, and shall ac- count for and pay to the County Commissioners, or to the May.ir and City Council of the city of Baltimore, if in said city, or thuir order, the several sums of money which lie shall receive for the county or city, as the case may be, or be aiis\verablns or incorporated, institutions so ])ayine to serve, he shall be liable to a fine of five dollars, to be recovered before a justice of the peace; one-half to the use of the l^art} prosecuting and tlie other half to the county or city. Penalty for Assault Sec. 61. If any person shall strike or apsault a collector in the dis- cliurue of his duty, or shall strike or assault any person serving as one of the posfte comitatus, or shall strike or assault any person to deter or prevent his biclding at a collector's sale, or for having bid at such sale, he shall, (m indictment and conviction thereof, be subjccl to a fine ol not less than one liundred nor more than five hundred dollars, and to imprisonment for not less than two nor more than twelve months. Poicers of Collectors. Skc. 6"?. If any collector shall have good reason to believe that he will be resisted by violence in the discharge of his duty in making a sale, he may, prior to the day of sale, summon the posse comitatus for his protection and the protection of peaceable persons attending such Sale; and the said posse, when so summoned and attending, shall be. paid as hereinlietbre directetl. and shall be liable to be proceeded against as hereinbefore provided, for failing or refusing to attend. Taxes to he First Paid. Sec. 63. Whenever a sale of either real or personal property shall be made by any ministerial officer, under judicial process or other- wise, all sums due and in arrear for taxes fn^m the party whose prop- erty is sold, shall be tirst paid and satisfied, and the olhcer or person selling shall pay the same to the collector of the county or city, if any, or to the treasurer, if there be no collector. Taxes Due Preferred Dehts. Sec. 64. Administrators shall pay all taxes due from their decedents as preferred debts, and to the exclusion of all others, except the neces- sary funeral expenses, and on failure, their bonds shall be put in suit for the use of the State, and recovery had for the whole amount of taxes due, and interest from the time they were payable; this section shall also ajijily to guardians, for taxes upon property in their hands as such. Tenant in Possession to Pay. Sec. 65. The tenant or person holding any leasehold estate, shall pay to the collector the taxes levied upon the demised jjremises, and shall have his action against the landlord for the sum so paid, (h- may deduct the same out of the rent reserved, unless otherwise agreed between the lessor and lessee. 376* REVENUE AND TAXES, Taxes in Arrears. Sec. 66. Taxes shall be considered in arrear on the first flay of January next succeeding the date of their levy, and shall bear interest from that date, at the rate of six per centum per annum. Commissions Allowed. Sec. 67. The County Commissioners and the Mayor and City Coun- cil of Baltimore, shall levy upon their respective counties and the City of Baltimore, such commission as will in their judgment insure a speedy collection of said taxes, not exceeding live per centum on the amount to be placed in the hands of said collectors for the counties for collection, except in Calvert county, wliere it sliall not exceed six ])er centum, and not exceeding two per centum on the amount to be placed in the hands of said collector for the City of Baltimore ; said commission to be levied for the use of said collectors respectively, and to be collected as other charges are collected. The Governor shall fix the commission of collectors appointed by him, not to exceed ten per centum on the amount placed in their hands for collection ; and the said commissions shall be levied by the county or city author- ities, or by the tax board, and collected by said collectors. Collector Failing to Pay Over Taxes. Sec. 68. If any collector shall fail to pay into the Treasury the amount of money which may or should be in his haiids for the use of the State, at the time hereinbefore s{)eciiied for j^ayment, he shall be charged interest thereon at the rate of six per centum per annum, from the time the said money became due and payable. Bond may he Sued. Sec. 69. In all cases in which any collector shall fail to pay the amount due and payable by him into the Treasury, at the time here- inbefore specified, the Comi)troller may, in his discretion, order a suit upon his bond. Suit on CoUector'^s Bond. Sec. 70. When the Comptroller shall order suit upon a collector's bond, he shall transmit to the State's attorney, or some other attorney by him selected, a statement of the account of such collector ; and upon the account so transmitted, signed and certified by the Comp- troller, and on motion being made on behalf of the State, judgment shall be entered at the first term of the Court in which suit may have been brought in the name of the State, against such collector ami his sureties, and execution shall issue thereon as in other cases ; provided, ten days' previous notice in writing l>e delivered to such collector and his sureties, or left at their place of abode, signed by the said attor- ney ; and it shall be the duty of the sheriff to serve such notice, and proof of such service shall be made to thesatisfection of the court be- fore such judgment shall be entered. Collectors may ham a Jury Trial. Sec. 71. If such collector or liis sureties shall in person or by at- torney desire a trial by jury ol any matter in controversy in said suit, which siiall by them be pleaded, the court shall thereupon direct a jury to be impanneled at the said term to try and determine tlie mat- ter in controversy. BEVENUE AND TAXES. 877* The Pleadings. Sec. 72. It shall not be necessary for the State in any suit brought on nny bond given by any person who has the collection of any part of the State's revenue, in reply to the plea of performance, to set out at large in its replication the breaches for which damages are claim- ed, but may reply generally that the ol)ligi)r or obligors hath or have not performed the conditions of his or their bond, accompanying the same by a substantial statement of the amount demanded, and give the special matter in evidence, upon which issue the jury shall assess such damages as the State may have sustained, and upon such verdict ; if for the State, judgment shall be entered for the penalty of the bond, to be released upon the payment of the danuiges assessed by the jury, with interest thereon until paid and costs. Attwnexfi Compensation. Sec. 73. The attorney prosecuting such action shall be allowed the usual commissions for such services ; but no payment of any money due the State, either in suit or on judgment, shall be valid and etlect- ual, unless made to the State's Attorney, or to the Treasurer, or such person as shall have been speciallv appointed and authorized by him to receive the same, or unless m; dj to such sheriff, coroner or elisor as may be authorized to receive tue same by virtue of any execution issued to enforce the payment thereof. No attorney, other than the State's Attorney jirosecuting such action, as provided for in this sec- tion, shall receive any part of the money thus sued for, except the fees allowed bylaw, under a penalty of a fine of not less than five hundred dollars, nor more than five thousand dollars, to be recovered as other tines and forfeitures are recovered. Allowances for Insolvencies. Sec. 74. The Comptroller shall make all just allowances to collect- ors for insolvencies or removals, upon certificates of the Couuty Com- missioners or ApiJeal Tax Court that such allowances are just. When Attachment may be Issued. Sec. 75. Whenever the State shall have a judgment or decree against a debtor or his securities, and money may be ordered to be levied by the county commissioners of any county for the benefit of such debtor, or any one of his sureties, the State's Attorney for the county may order an attachment to be issued by the clerk of the court where such judgment or decree was passed against the goods, chat- tels, rights and credits, lands and tenements of such debtor and his sureties, which may be laid in the hands of the County Commissioners or their clerk, or any collector of said county, or any or all of them, in the discretion of the State's Attorney, and the proceedings on such attachments shall, in all respects, be the same as in other attachments,, or judgments or decrees. Staie^s Attorney may Bid for and Purchase Property. Sec. 76. Whenever real estate, or property of any descrijjtion, shall' have betn seized and taken in execution at the suit of tiie State, the State's Attorney for the proper county or City of Baltimore, may bid ior and purchase the same at the sale thereof lor the use of the State, if, in his opinion, it shall be necessary and proper to do so for the 378* REVENUE AND TAXES. protection of the interest of the State; provided, the sum hid shnlh in no case, exceed the amount of the State's demand, and the costs and expenses of sale. Stnfe's Attorney may Sell or Lease certain Property. Src. 77. Whenever the State's attorney shall purchase any prnp-rty under the last preceding section, he may sell or lea^e the same, and may recover any money due the State by such sale or lease by sale or di'^tress ; and he may, in case of a sale, execute a deed for the ]iropprty Rnld, upon a compliance by the purchaser with the terms of sale; ai;d the Treasuier shall pay the cost of advertising such property as may reu^.ain ui.sold, but nothing therein contained shall deprive any party of the right of redemption given in this article. Penalty foi' Neglect or Refusal. Sec. 78. If any collector of county or city taxes shall refuse or ne- glect to pay over any money he has received or collected, or ought to have collected, the person entitled to receive the same may apply to the Circuit Court of the county, or the court of law in Baltimore city, havino' jurisdiction over the amount claimed, and such court remier judgment against such collector for the amount due from him; ]n-ovided, that no such judgment shall be entered unless the person applying for the same shall exhibit to the court an account of the sum due,"vorified by atRdavit and such other proof as the court may require, and shall also prove to the satisfaction of the court that he hath serv- ed a copy of such account on said collector, and demanded payment thereof at least twenty days before the meeting of the court at which the application is made. May have a Jury Trial. Sec. 79. If such collector shall controvert the demand and desire a jury to be impaneled, the court shall direct a jury to be immediately impaneled, to try an issue whether the said collector be chargeable Willi and liaV)le to pay any and what sum of money to the jierson so claiming and authorized to receive the same, and the court shall pass iudgnient on the verdict of the jury, as in other cases, and award ex- ecution ; and no execution issued on any judgment rendered under this or the preceding section, shall be stayed by a writ of error, super- sedeas, injunction or appeal. CoUecto7-'s Bond may le Sued. Sec. 80. If any collector of county or city taxes shall fail to ac- count f>r and pav over the money he has collected, or ought to have collected, within' the time required by law, his bond may be put in suit and he shall be chargeable with interest from the time the money ought to have been paid. One Year shall he Allowed. Sec. 81. Every collector shall be allowed the term of one year after the exi)inition oV the time for which he was appointed, to collect all iiahmcos due him, in the same manner as he could collect the same before the expiration of his term of oliice. All Taxetf shall le Collected within Four Years. Sec. 82. All taxes levied for county or city purposes, shall be col- lected by lue collectors oi the counties or cities respectively, within REVENUE AND TAXES. 379* four vftivf' iificr ih^ pnnie slinll linve boon levied; and if the same shall not be colle'ited within four years, the ])arLies Ifom wh"!!! such taxes may be demanded, may plead this section in bar of any reeovery of the same. BanJcs s?iiU Annvalh/ Pay State Taxes in January. Sec. 8'-5. The president or other proper officer of the banks, State and National, and other incorpnrated institutions and com])anies, chartered by this State, or lueated and doini^ business therein, shuli, annually, on the first day of January, pay to tlie Treasurer of tiie State, the State tax imposed upon the shares of capital stock of said banks, institutions (u* companies tor the previous year, whether they or any of them have or have not declared any dividend or earned any profits, and without regard to the ))lace of residence of the stockholders. Assexxment of Pj-operty and Assets. Sec. 84. In all cases where any incorporated institution or company has no capital stock, so called, the property and assets of said com- pany, of whatever nature, shall be assessed, and the president or other j:)roper otlicer thereof, sliall ]xiy to tlie Treasurer, the tax due u])ou said proiJertr and assets, at the time aforesaid, and also to the collector of the county or city, the amount of all taxes due on said jiroi^erty and assets to said county or city. Officers of Batiks to Furnish Lists, Deposits, <&c. Sec. 85. The president or other proper officer of any savincrs bank, institution or corporation which shall receive deposits and hIIdw in- terest thereon, shall turnish to the Comptroller, on or before tlie first day of July in each year, the aggregate amount of deposits in such corjxn'ation ; and shall j)ay to tlie Treasurer, on or before the first day of Januai'y succeeding, out of the interest due to the depositors, the State tax on said deposits ; and they shall likewise furnish to the County Commissioners or Appeal Tax Court, as tlie case may be, of the county or city where said corporation is situated, a list of the de- positors in said institution, with the amount deposited by them at the time of the annual meeting of those bodies, for levying county or city taxes, or shall agree wdth the County Ccmimissioners or Appeal Tax Court to pay taxes on such amount of deposits as may be agreed upon between them and the said County Commissioners or A^jpeal Tax Court, w^ithout resort to the individual depositors. To maJre Return to the Comptroller of Bonds and Bondholders. Sec. 86. The president or other proper officer of any incorporated institution or company of this State, which shall have issuetl any V)onds, certificates or evidences of debt, bearing interest, shall, on or before the first day of July in every year, make return to the Comp- troller of the aggregate amount of said bonds, certificates or other ev- idences of debt held by or belonging to residents of this State, and pay to the Treasurer on said day, out of the interest due to the hold- ers thereof, the State tax thereon ; and shall also furnish to the County Commissioners or Appeal Tax Court of the county or city annually, on or before the first day of March, a list of the holders of said bonds, certificates or evidences of debt, resitling in said county or city, when such residence is known, and where the residence of the holder is un- known to the County Commissioners of the county where such cor- poration is situate, or the Appeal Tax Court, if situate in Baltimore 380* REVENUE AND TAXES. city; if any such officer shall fail to perform the fluty impoged by this section, lie slmll. upon indictment and conviction thereof in the court having criminal jurisdiction, be fined not less than five hundred dol- lars, and imprisoned not less than one month, and until this fine is paid ; all bonds, certificates or evidences of debt issued by any such incorporated institution or company in this State, shall be presumed to be held and to l)elong to residents of this State ; but if the holder of any such bonds, certificates or evidences of debt shall certify upon oath, duly administered according to law, to the said president or other proper officer, that said holder is the hoim fde n\\neT of such bonds, certificates or evidences of debt, and that he is a lonafide resi- ident of any other State or county ; then such president or other prop- er officer, shall report the fact of such holding by such non-resident or non-residents, and shall deduct from the amount of bonds, certificates or other evidences of debt to be taxed, all such bonds, certificates or evidences of debt so ownpd by non-residents of this State aa aforesaid, and shall not be liable for the taxes on the same. Officers of Banlcs, Lists of StockTiolders. Sec. 87. The president or other proper officer of the banks, State and National, and other incorporated institutions, in the several coun- ties and the city of Baltimore, shall, annually, on or before the first day of March, furnish to the County Commissioners or Api)eal Tax Court of each county or city, in which any of its stockholders may reside, a list of the said stocliholders, so far as their place of residence^ may be known to such officer, together with the number of shares of ' stock held by each ; in case the president or other proper officer of any bank or other corporation aforesaid, fjiil or refuse to furnish the statement herein required to the Appeal Tax Court or the County Commissioners aforesaid, on or before the day hereinbefore specified for that purpose, then for each day that shall thereafter elapse until the said statement shall be furnished, the said bank, or other corpora- tion aforesaid, shall pay to the Mayor and City Council of Baltimore or the County Commissioners, as the case may be, the sum of one hun- dred dollars; provided, that it shall and may be lawful for any bank or other incorporated institution to agree in any year with the County Commissioners or Appeal Tax Court, to pay taxes on such amount of stock as may be agreed upon between them, and the said Commis- sioners or Appeal Tax Court, without resort to the individual stock- holders, and for the valuation and efi'ectual collection of the taxes as- sessed on the stock of banks or other incorporated institutions, held by non residents, the president or other proper officer of the corpora- tion, shall, annually, on or before the first day of March, make out and deliver to the County Commissioners or Appeal Tax Court of the proper county or city, where said corporation is situate, an account of the numberof shares of stock in such corporation, held by persons not residents of this State, and the same shall be valuecl at its actual cash value, to and in the name of such stockholders respectively ; but the tax assessed on such stock, shall be levied and collected from said cor- poration, and may be charged to the account of such non-resident stockholders in the said corporation, and shall be a lien on the stocks therein held by such stockholders respectively, until paid, and in no case shall the atock of any corporation, in the aggregate, be valued at REVENUE AND TAXES. 381* less than the full value of the renl estate and chattels, real and person- al, held by or l)olonfjinir to sucli rorporati'm in tlie several counties and city (>f Baltimore, whether tlie sliares of said stoci< are quoted on the market or not; incase of failure or refusal to com))ly with tliia requirement, the said bunk or other incorporated institution shall be liable to the penalty hereiiibef ire prescril^ed ; and the president and cashier, or treasurer of any such bank or other incorporated in- stitution, failinrr to comply in every res])ect with the provisifuis of this section, sluiil be liable to indictment therefor, and on conviction, shall be fined not less than five hundred dollars, nor more than five thousand dollars, in the di-eretion of the court, and shall stand com- mitted until such tine is paid. To Report Assets of State Stocks. Sec. 88. Any incorporated institution, holding as part of the in- vestments of its capital or assets, any of the stock debt of this State, upon which the State tax has been deducted by the Treasurer, or shares of stock of any bank or other corpmation of tliis State, upon which the state and county or city taxes are levied and 2)aid, may report the same in detail, under the oath of its president, cashier, treasurer, or other chief ofhcer, to the Comptroller of the Treasury; and if said institution shall have made the agreement as i^rovided iu this article, to the County Commissioners or Appeal Tax Court, as the case may be. and the amount of such stock so held shall be al- lowed as a credit in the basis of settlement of the tax on the capital stock or projierty of said incorporated institution; but no credit shall be allowed to any such incorporated institution by reason of any investment on which the taxes are not so paid or payable as aforesaid. To Jfal-e Report of Capital Stocks, i&c. Sec. 89. Whenever any of the corporations of this State shall pro- pose to the County Commissioners or Appeal Tax Court to make such agnemeut as provided by this article, and the County Commisshmers or Appeal Tax Court, as the case may be, shall exact and demand payment on an amount which said corporation shall consider exces- sive, it shall and may be lawful tor such corporation to apply to the Circuit Court for the county, or to the Superior Court of Baltimore city, as the case may be, according to the habitat of said corporation, by petition, in writing, verified by the affidavit of the president or other proper officer of said corporation, showing the amount of the capital stock of said company, agreeably to the act of incorporation or any supplement thereto, the number of shares into which said capital is divided, and the par value of each share under the act of incorporation, and the number of shares of the said capital stock held by persons residing out of the State, the number of shares held by persons in the said county or city, and the number of shares iield by persons outside of said county or city and within the State, and also a statement showing the asseis of saitl corporation in a general way, and the estimated value of said assets; and ujjon the filing of said petition and said statement, it shall be the duty of the saitl cuurt to ap2)oint a day for the hearing thereof as early as can conveniently be assigned for the purpose, notice whereof shall be given to the County Commissioners or Appeal Tax Court, as the case may lie, by service of a copy of said petition and statement, and of the order of 382* REVENUE AND TAXES. said court; and if tlic said County Commissioners, or sail Appe.il Tax Court, shall f^ontrovert the allet^.itions of said petition, tlien tlie mat- ters in i^sue siiail l)e tried in tlie usual way l>y a jury tlien and tiiere to be inipanneied, and eitlier party, except as to mere valuation, shall be cn'itled to aiJiical within sixty davs after such decision, ujjon any exce|)ti()ns tint may be taken to the opinions or direvtums of the court in matters of law; and such appeal sliall be heard and deter- mined at the term of the Court ot Appeals then next succeeding such apj)eal; and the amount that may l>e tixed by the jury in case there be no a])peal, or in case tlie decision below be affirniefl, shall be final and conidusive; provided that no corporati(}n shall be entitled to> have a day appointed for the hearing of said petition, unle.-s the said corporation shall either deposit, as thes'aid court may direct, such sum of money as the said County Commissioners or said A]))jeul Tax Court may claim as pro])erly demaniit tlie said 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 Comp- troller, by a certiticate to that etlect, signed by the A])peal Tax Court, or by other satisfactory evidence, was held on the tirst day of A])ril. in the year for which the tax may become due, by any person entitled under "the laws of this State to hold the same free from taxation. Compensation for Set-vices. Sec. 94. Each member of the Appeal Tax Court shall receive fifty dollars annually lor the services required in the precetliiig sei;ti(.us of this article, and the Register of the city of Baltimore, the sum of three hundred dollars for the services therein required of him, the said sums to be paid by the Treasurer, on the warrant of the Comptroller. Directed to Levy. Sec. 95. The Treasurer is hereby directed to levy the State taxes on all the public debt of the State of Maryland liable to taxation, and owned or held by any person resideut or non-resident of this State, assessed at the following valuation: so much of the said debt as bears an interest of six per centum shall be assessed at par; so much thereof as bears an interest of live i)er centum shall be assessed at eighty-five dollars in the hundred; so much thereof as bears an in- terest of four-and-a-half per centum at eighty dollars in the hundred; and so much thereof as bears an interest of three pur centum at sixty- four dollars in the hundred, which assessment shall be made by the Treasurer at the times prescribed in the next succeeding section, for the payment of said taxes. When Tax shall ie Collected. Sec. 96. The said tax shall be collected by the Treasurer, retaining it out of the interest falling due on the first diiy of July in each year, in the said portion of the public debt. Prcperty Excluded from Taxation. Sec. 97. The public debt of this State, stock loans of the city of Baltimore, the capital stock and bonds, certificates or other evidences of debt, bearing interest, issued by incor|>orated companies or institu- tions of this State, shall be excluded from the assessinoit in the several counties and city of Baltimore, so far as relates to the State tax, the pajmeut of said tax thereon being hereinbefore provided for. All Commissions to ie Taxed. Sec. 98. All commissions allowed to executors or administrators by the Orphans' Court of this State, shall be subject to a tax. lor the benefit of the State, of one-tenth part of the sum so allowed; and when a legacy is left to an executor by way of compensation, such legacy shall be reckoned in the commissions fixed by the court. Orphans^ Court shall Fix the Commissions. Skc. 99. The several Ori)han3' Courts shall fix the commissions of executors withia twelve mouths from the grant of administration, and 384* REVENUE AND TAXES. in all subsequent accounts wherein executors shnll charge theiri<:elve3 with further assets; and they shall fix such commissions iii all (•a>es in which letters of administration have been or may hereafter be grant- ed, whether commissions are chximed by the executors or not, and all commissions so fixed, shall be subject to the tax imposed by the fore- going section. Executors, &c. to Pay said Tax to Register of Wills. Sec. 100. Every executor or administrator sliall pay said tax to the Register of Wills of the proper county or city, on the passage of his accounts, and on failure to do so, within thirty days thereafter, the register shall notify the State's Attorney of the city or county, who sIkiU thereupon put the bond of such executor or administrator in suit for the use of the State; and the said bond sliall be liable there- for as for any other default of the principal obligor. Register to give Duplicate Receipts. Sec. 101. Upon payment of the register, he shall give to the execu- tor or administrator, duplicate receipts, one of which shall be for- warded l)y him to the Treasurer, or to be bv him preserved, and coi)ies thereof shall be evidence in suits upon the bonds of the register sign- ing the same. Orphans' Court shall Malce No Alloicances. Sec. 102. The Orphans' Court, in fixing the commissions of execu- tors and administrators, shall make no allowance for the tax hereby imposed, it being hereby intended that the said tax shall be paid out of said commissions, and not by the estate of the deceased. Non- Residents. Sec. 103. If any person, being a resident of any other State, district or territory of the United States, or of any foreign country, shall die possessed of or entitled to any of the public stocks or debt created or issued upon the credit of this State, or of the stock or debt created or issued upon the credit of the city of Baltimore, or of the capital stock of any joint stock company incorporated by the authority of this State, his right or title thereto shall devolve on his executor or ad- ministrator, duly constituted and appointed as such by the law of the State, district, territory or country, wherein he may have resided at the time of his death, in the same manner as if the said executor or administrator had been duly constituted and appointed as such by the authority in this State. Foreign Executors, &e. Sec. 104. Nothing contained in the preceding section shall deprive the courts of this State of their authority to grant administration on the estate of such deceased person ; and the right of a person so ap- pointed shall bo i)refurred to the right of the foreign executor or ad- ministrator; ])rovided, the notice of the claim of the domestic execu- tor or administrator to such stock, be given to the proper otHcer hav- ing charge of the stock book wherein such stock is entered, and hav- ing authority to make or allow a transfer thereof before any sale or transfer tln^reol' has actually been made by the foreign executor or ad- ministrator; and provided, further, that administration shall not be granted to anyone in this State except the next of kin, residuary legatee, or a creditor, who shall make oath to and exliibit the vouchers ol his claim before obtaining administration. KEVENUE AND TAXES. 885* Not to Transfer until after Notice. Sec. 105. No such foreign executor or administrator shall be author- ized to transfer any such stock until after he shall have given at least one month's notice, Vjy advertisement, published twice a week lor four weeks, in two daily newspapers of the city of Baltimore, stating therein the death of his testator or intestate, and the amount and des- cription of stock designated to be translerred. Foreign Executors, &c. Sec. 106. The provisions of this article imposing a tax on commis- sions of domestic executors or administrators, shall exter.d to such foreign executor or administrator, and the Orphans' Court of the coun- ty or city in which the stock transferred is situated, shall lix the com- missions of such foreign executor or administrator, who shall there- upon pay the tax thereon to tlie register of wills of such county or city. Trustees to File a Bond. Sec. 107. Every trustee, to whom any estate, real, personal or mix- ed, shall be limited or conveyed for the benelit of cretlitors, or to be sold for any other purpose, shall tile with the clerk of the cotirt in which the deed or instrument creating the trust may be recorded, a bond in such penalty as the clerk mii,y prescribe, being as nearly as can be ascertained, double the amount of the trust estaie. and with sureties to be approved by the clerk, conditioned for the faithful per- formance of the trust, by the deed or other instrument reposed in such trustee, which bond shall be recorded in the office of said clerk ; but when the sale is to be on a contingency, no bond need be given until the contingency happens; no title shall pass to any tru'^tee as afore- said, until such bond shall be tiled and approved as aforesaid, and no sale made by any such trustee without such bond, shall be valid, or pass any title to such projierty or estate. Whxit Courts may Prescribe the Amount. Sec. 108. Whereupon an investigation of the circumstances of the case, the Circuit Court of the county, or Circuit Court or Superior Court ol Baltimore city, shall be satisfied that it would be improper " to require a bond to be given for double the amount of the property placed in the hands, or made subject to the disposition of said trustee, the court may prescribe the amount of the bond to be given by such trustee. Upon Failure to Give Bond, Court may Appoint another Trustee. Sec 109. If any trustee shall fail or refuse to give such bond for the space of three months alter the deed or instrument creating the trust is deposited with the clerk to be recorded, the clerk shall give notice thereof to the court, of which he is clerk, or to the judge thereof, who, upon considerati(m of the circumstances and u])on reasonable notice to the trustee, and such of the inirties interested as may conveniently be served therewith, as the court or judge shall prescribe, shall pro- ceed to a])poiut another trustee in lieu of the trustee who shall have failed or refused. Trust Estate shall Rest in the Trustee. Sec. 110. Upon the trustee, so apjiointed by the court or judge, giving bond as belbre directed, the whole trust estate shall rest in 38G* EEVENUE AND TAXES. him, sul)j('ct to the provisions of the trust deed or other instrument croatiiiji: the trust, and the same power may be exercised by the court or judge from time to time until a trustee shall be appointed and give bond. When to Make Report. Sec. 111. It shall be the duty of the trustee within six months from the period of his giving bond, to make report upon oath to the court, in wliich the bond is tiled, of tiie whole amount of the trust estate and tiie dii-j^osition m;;dc of the same, and any sale made by such trustee, belbre taking etiect, shall be reported to and ratified by said court. Upon Failure to Make Report. Sec. 112. If any trustee shall fail to make report to. the court, as required by the preceding section, the clerk shall issue a summons commanding him to appear before the court at the next ensuing term to make such report, and if the summons is returned served, and the trustee shall fail appear and report, an attachment shall issue to com- pel an appearance, upon which similar proceedings shall be had as in other cases. Property Subject to Taxation. Sec. 113. All estates, real, personal and mixed, money, public and private securities for money of every kind passing from any person who may die, seized and possessed thereof, being in this State, or any part of such estate or estates, money or securities, or interest therein transferred by deed, grant, bargain, gift, or sale, made or intended to take efl'ect in possession after the death of the grantor, bargainor, de- visor or donor ; to any person or persons, bodies politic or corporate in trust or otherwise, other than to or for the use of the father, moth- er, wilie, children and lineal descendants of the grantor, bargainor, devisor, donor, or intestate, shall be subject to a tax of two and a half per centum on every hundred dollars of the clear value of such estates, moneys or securities ; and all executors and administrators shall only be discharged from liability for the amount of such tax, the payment of which they may be charged with, by paying the same for the use of this State, as hereinafter directed; provided, that no estate which may be valued at a less sum than live hundred dollars, shall be sub- ject to the tax imposed by this section. Tax for the Use of the State. Sec. 114. Every executor or administrator to whom administration may be granted, belore he pays any legacy, or distributes the shares of any estate, liable to the tax imposed by the preceding section, shall pay to the register of wills of the proper county or city, two and a half per centum of every hundred dollars he may hold for distribution, among tlie distributees or legatees, and at that rate tor any less sum, for the use of the State; this section shall not be construed so as to release any tax already fixed on any collateral inheritance, distributive share or legacy. Tax to le paid on Assessed Value. Sec. 115. AVhcn any species of pro])erty other than money or real estate shall be sul>ject to said tax, tiie tax shall be paid on the ap- praised value thereof, as filed in the register's office of the proper KEVENUE AND TAXES. 387* county or city; ami every executor shall have power, under the order of the Orphuiis' Court, to s^ell if necessary so much of said property as ■will en;il>lu him to pay t:c. 119. If the estate or property lies in more than one county, and it is not convenient for the appraisers to visit the other county, the coiut may appoint two appraisers in said county. Inventory of Real Estate. Sec. 120. The inventory of the real estate shall be entirely separate and distinct from tliat of the personal estate. Court may Fill Vacancies. Sec. 121. On the death or refusal of any ajjpraiser to act, the court may appoint another in his jilace. Appraisers to Return Inventory. Sec. 122. The appraisers shall return the inventory, when com- pleted, to the executor or administrator, whose duty it shall be to re- tuiu the same to the office of the register of wills to which the inven- tory of the personal estate is returnable, and within the same time and under like penalty, and shall make oath tliat said inventory or inven- tories is or are true and perfect inventory or inventories of all the real estate of the deceased, within this State, that has come to his knowl- edge, and that, should he thereafter disudver any other real (;>tate be- longing to the deceased, in this State, he will return an additional inventory thereof. The Appraisement. Sec. 128. The appraisement thus made shall be deemed and taken to be the true value of the said real estate, upon which the said tax shall be paid. 888* REVENUE AND TAXES. Tax to he a Lien. Sec. 124. The amount of said tax shall 1)3 a lien on said real estate from the death of the decedent, who shall have died seized and pos- sessed thereof, until the same shall be paid. Shall Collect within Thirteen Months. Sec. 125. The executor or administrator shall collect the same from the parties liable to pay said tax, or their legal representatives, withia thirteen months Irom the date of his administration, and pay the same to the Resist er of Wills of the county or city in which adminis- tration is granted; and if the said parties shall neglect or fail to pay the same within that time, the Orphans' Court of the said county shall order the executor or administrator to sell for cash, so much of said real estate as may be necessary to pay said tax, and all the ex- penses of said sale, including the commissions of the executor or ad- ministrator thereon, and after the report of said sale, the ratification thereof and the payment of the pui-chase money, the executor or ad- ministrator may execute a valid deed for the estate sold, and not before. What Proportion each Party shall Pay. Sec. 126. Whenever any estate, real, personal or mixed, of a dece- dent shall be subject to the tax mentioned in the jareceding section, and there be only a life estate, or an interest for a term of years, or a contingent interest given to one party, and the remainder (U- rever- sionary interest to another, the Orphans' Court of the county or city in which administration is granted, shall determine, in its discretion, and at such time as it shall think proper, what proportion each party who may be thus interested in said estate or property shall pay of said tax ; and the judgment of the said court shall be final and con- clusive; and every such party shall pay to the Register of Wills his proportion of said tax within thirty days after the date of such de- termination, and any party entitletl in remainder or reversion, shall be required to pay his proportion within the same time as if his in- terest had vested in possession. To be Paid icithin Tliirttj Days. Sec. 127. If any of the parties mentioned in the last preceding sectiiin shall refuse or neglect to pay the several proportions so de- creed by the Orphans' Court, within thirty days from the time of such decree, the court shall order and direct the executor or administrator to sell all the right, title and interest of such party in and to said estate or property, or so much therenf as the court may deem neces- sary to pay his proportion of said tax and all expenses of sale. Liahility of I'ond. Skc. 12S. The bond of an executor or administrator shall be liable for all money he may receive under this article for taxes, or for the proceeds of the sales of real estate received by him thereunder. Administration may be Revoked. Sec. 129. If any executor or administrator shall fail to perform any of the duties imjKised upon him Ijy this article, the Orphans' Court of tlie county in which tiie administration was granted, may revoke his administration, and his bcnid shall be liable, and the same jiro- ceediiigs shall be had against him as if his administration had beeK revoked fur any other cause. KEVENUE AND TAXES. 889* Poirers and Duties. Sec. 130. The powers and duties of an administrator (fe bonis non, or with tiie will annexed, shall Ije tlie same under this article as an executor or administrator, and he shall be subject to the same lia- bilities. Suimnoiis to Shoio Cavse. Sec. 1'?1. In all cases where any estate, real, personal or mixen, shall be subject to the collateral inheritance tax imposed by this arti- cle, and no administration is taken out on the estate of the person who died seized and possessed thereof, within ninety days after the death of said person, the Orphans' Court of the county in which ad- ministration should be granted, shall issue a summons for the parties entithd to administration to show cause wherefore they do not ad- minister. New Administration (Granted. Sec. 132. If the parties entitled by law to administration do not administer within a reasonable time to be fixed by the said court, or if tliey be incapable, or being cajjable, if they decline or refuse to appear on proper summons or notice, administration shall be granted to such person as the court may deem proper. Collateral Inheritance Tax. Sec 133. In all cases where application is made to the Orphans' Court or Register of Wills of any county or the city of Baltimore, for letters testamentary or of admi'vstration. the said court or roi^ister shall in(iuire of the person muiving tiie application whether he knows or believes there is any real estate of the decedent liable to the col- lateral inheritance tax, and the answer of such apj^licant shall be given on oath if the court or register requires it. Dujjlicate Receipts. Sec. 134. The Register of Wills shall give to the person paying the collateral inheritance tax imposed by this article, duplicate receipts for said tax, one of which shall be forwarded by said person to the Treasurer, to be by him preserved, and copies thereof shall be evidence in suits upon the bond of said register. When to Account on Oath. Sec. 135. It shall be the duty of the several clerks and the several Registers of Wills in this St;ite, to account with, upon oath, and pay to the Treasurer on the first Monday of March, June, September and December, in each and every year, all sums of money received i)y them respectively, for which they shall be allowed a commission of five per centum upon the amount so paid over. Clerks or lie^/iMers Failing to Account. Sec 136. If any of the said clerks or registers shall fail to account and pay over as required in the last preceding section, the Comp- troller shall, in thirty days thereafter, give notice tlii-rcof to the State's Attorney for the county or city, whose duty it sliall i)e to put the bond of such clerk or register in suit lor the use of tlie State, in which suit a recovery shall be had f()r the amount nppcari'ig to be due, with interest at the rate often per cent, per annum from the date or dates when the same was payable as aforesaid, which recovery 390* REVKNUE AND TAXES. shall be eviflence of mislxliavior, and upon conviction thereof, the said clerk or register shall be removed Ironi office, which shall there- upon 1)6 tilled as prescribed by the Constitution, and such failure on the part of any clerk or register, shall amount to a forfeiture of the coiuniissiou to which he would otherwise be entitled. Liable to Execution. Sec. 137. All lands and tenements belonging to any person indebt- ed to this State, after the commencement of suit against him, shall be liable to execution on any judgment or d'cree which may be rendered against h;m m such suit, in whatsoever hands or possession the said hiiids or tenements may be fouml. Valuing the titocl- of CoijMrations. Sec. 142. For the jjurpose of valuing the ,stock of banking and other private corporutions held by n((n-resident stockholders, it is hereoy declared and understood that the stock of banking, instirance or other cor])orations, usually termed moneyed institutions, are situate at the jjlace at which the principal office for the transacting the business of such corporation is situate; the stock of a turnpike, rail- road, steamboat, canal or other improved corporation is situate at the place where its principal office for the transaction of business shall be established, if the said olHce be within the limits (jf this State, and shall be so assessed, and if not, then the assess! ble jDroperty of suck corporation shall be valued and assessed in the county or counties in which said property is situate, and in the city of Baltimore so lar as it is situate in said city; and the stock of mining, manufacturing and other like corporations, situate at the place where the works ol such corjioration, or the greater part of their oi:)erations respectively shall be conducted, shall be assessed in like manner in the county or city where such works are situate. Verifying Accovnts. Sec. 143. The County Commissioners or Appeal Tax Court of Balti- more city, may require the accounts of stock lurnished as aforesaid, to •be verilicd by the oath or affirmaticm of the proper officer of the cor- poration, or may require that the stock and other books of said cor- poration shall be open to them for their insijection. Penalty for Neglect. Sec. 144. If any sucli president or other proper officer shall fail to perform the duties imposed upon him by the preceding sections, such olhcer, shall, on indictment and conviction, be lined therefor not less than live hundreil dollars. Assessment of Shares of Capital Stoch. Sec. 145. The Comptroller of the Treasury, shall, on or before the fifteenth day of May in each year, assess the shares of cajjital stock in all i)anks, State or National, banking associations, and other incor- jiorated institutions or companies incorporated by this State, or loca- ted and doing business therein, except railroad and canal companies, at the true value tliereof in dollars and cents, and for the pur])ose of ascertaining the true value of such shares the Comptroller is hereby authorized and empowered to examine upon oath any otHcer of the same touching the atl'airs thereof, or to examine upon oath any other REVENUE AND TAXES. 391* person as a witness, wlioni lie may be advised has important informa- tion in regard to the value of such shares of capital stock, and any Hurl) olli'.-er refusing to answer upon oath touching the ail'airs oi' kucIi bank, blinking associations or company, of wliicli he is an officer, shiill, on indictment and conviction thereof, be lined not less than live hundred dollars. Officers shall Report ly April 15th, Annually. Sec. 146. The president, cashier or other chief officer of any bank or banking association, State or National, located and doing business in tills State, shall, by the lifteenth day of April in each year, report to tlie Comptroller of the Treasury, a true and correct statement of the numlicr ot shares of capital stock in sucli liank or banking association of which he is president, cashier or chief officer ; and the par value o'i eacli bharc, with such otlier information in regard to the value of the same as may be required Ijy the Comptroller, and may be in the pos- session oi such officer; and the Comptroller shall, annually, by the fifteenth day of May in each year, assess the said shares at their true value, and levy the State taxes prescribed bylaw upon the same; aiul it shall be the duty of the said president, cashier or other chief officer, on or bef ire the first day of January next succeeding, to pay to the Treasurer of the State, the State tax on saidsliares of the capital stock of such bank or Viauking association of which he is president, cashier or other chief officer as aforesaid. Penalty for Nerjlect. Sec. 147. On the failure, refusal or neglect of any president, cashier, or other cliief officer of any such bank or banking association, to fur- nish to the Comptroller by the fifteenth day of April in eaeli year the statement required to be furnished by the preceding section, such president, cashier, or other chief officer of said bank or banking as sociation, shall forfeit and pay to the State of Maryland the sum ot five hundred dollars, to be recovered in the name of the State in tlie Circuit Court of the county where tlie. said bank or banking associa- tion is hicated, or the Superior Court of Baltimore city, if the same be located in that city, with costs of suit, and a lee of lifty dollars shall be taxed as part of the plaintiff's costs, wiiich the attorney shall be entitled to receive for prosecuting said action to a recovery ; and it shall be the duty of the Comptroller to cause suit to be brought to recover said penalty. Penalty for Failure, Refusal or Neglect. Sec. 148. On the failure, refusal or neglect of any such bank oi banking association to pay said tax on tlie shares of its capital stock, as provided by the preceding sections, by the first liay of January succeeding said levy, tlie Comptroller shall cause suit to be broiiglit in the name of the State against the said bank or bankini: association, for the said taxes, in the Circuit Court lor the county, or the Superior Court of Baltimore city, as the case may be; and the said suit shall stand for trial at the first term, and judgment shall lie rendered on motion, ui>less issue be made and a trial by Jury be desired by either party, in which case a jury shall ibrthwith Ijc impannelotl to try the same; and the certilicate of the Comptroller of the amount of said taxes, and that tiie same remain due and unpaid, shall h^ priirta facie 373 strPEKvrsoRS of roads. evidence to entitle the State to a verdict and judgment atjainst said bank or banking association ; and in all cases where the said court shall find for the State, judgment shall l>e rendered against the said bank or banking association for the amount of said taxes, and ten per cent, additional as damages; and all costs, and a fee of fifty dol- lars shall be allowed the attorney in every such case, to be taxed as a part of the plaintiff's costs in such suit. WAGES EXEMPT FROM EXECUTION. Page 882. The Act of 1874. enacts as follows : Art. 10, Sec. 36. Noaltuchment n])on warrant, judgment upon two non ests, or upon original process, shall issue against, be levied on or aftect the wages or hire of any laborer, or employee, not actually due at the date of such attachment in the hands of the employers, wheth- er such employers be ind viduals or corporations, unless the debt or judgment upon which such atiachment is issued, shall, exclusive of cost, exceed the sum of one Imndred dollars; and the sum of one hun- dred dollars of such wages, or hire due to any laborer or employee, by any employer, or corporation, shall always be exempt from attach- ment by any process whatever; provided, ihni this Act and nothing lierein contained shall apjjly or in any manner efiect any existing debt, contract, note, or judgment, nor prevent any person or body corporate from issuing an attachment on any judgment, now obtained or which may hereafter be obtained on any note, debt or contract ex- isting at the time of the passage of this Act ; and provided that noth- ing in this Act shall apply to non-resident delendants. SUPERVISORS OP ROADS. The Supervisors of Roads are ajjpointed by the County Commis- sioners, by Article 28, Section 1, of the Public General Law, 1865, ch. 85. Their duties are prescribed by Article 90 of the Public Gen- eral Jjaws. The first seven Sections of said Article relate to the election of Supervisors of Election Districts by the people, which was changed by the Constitution of 1864. Oath of Office. Sec. 8. Each Road Supervisor shall take and subscribe the oath prescribed by the Constitution and Laws. Term of Office Commences January First. Sec. 9. The term of oflice of Road Supervisor shall liegin on the first day of January ensuing his election, and shall continue for two years from that date, and until the qualification of his successor. BUPEKVI80R8 OP ROADS. 8 73 Commissioners to Fix Compensation. Sec. 10. The County Commissioners of each county shall determine the amount of compensation or salary each Supervisor shall be en- titled to receive, taking into consideration in estimating a fair com- pensation, the reasonable amount of labor and supervision to be per- formed in each district; but such compensation or salary shall not be increased or diminished unless the appropriations or expenditures for roads in said election districts shall be increased or diminished during his term of office. To Report to Commissioners on Oath. Sec. 11. Each Road Supervisor shall annually, at such time as the County Commissioners of liis County shall determine, report to them on oath, the general condition of the roads and bridges under Ms supervision, the amount of money or labor, or both, expended or per- formed on said roads and bridges, in the emi)loymeut of deputies, agents, contractors, laborers and materials, and such other matters relative thereto as the County Commissioners shall suggest and require. Upon being Satisjied., Supervisors may be Paid. Sec. 12. lJ])on such report being made in the manner prescribed by the County Commissioners, and upon the County Commissionere, or a majority of them, being satislied that said Road Supervisor has fully discharged his duty as such, and not before, they shall pay or cause to be paid to said Supervisor, or order, the amount of com- pensation which shall have been determined by them. Mai/ Employ Deputy Supervisor. Sec. 13. Each Supervisor shall have power to employ any person as Deputy Supervisor or agent, that he may deem necessary. May Divide the Road between Supervisors. Sec. 14. Where public roads form dividing lines between election districts, the County Commissioners shall divide the said roads be- tween the Supervisors of the contiguous election districts, as they may deem right. Road Supervisor Liable to Presentment for Neglect of Duty. Sec. 15. Every Supervisor shall be liable to be presented by the Grand Jury of his county, for any neglect of duty or malfeasance in office, and shall, upon conviction thereof before the Circuit Court of his county, be fined in each case not less than five or more than twenty-five dollars in the discretion of the Court; provided^ that the Road Supervisors in those counties where the County Commissioners make the appropriation and levy for roads in advance of the expendi- ture by the Supervisors, sluill not be required or authorized to expend in the repair of roads within their respective districts, a larger sum per mile than shall have been levied by the County Commissioners for that purpose. — 18G3, ch. 201. Commissioners may Revoke Commission of Supervisor. Sec. 16. The County Commissioners shall have power to revoke the commission of any Road Supervisor at any time during his term of office, for neglect of duty or malfeasance in office, and shall have 374 SUPERVlSOKa OP ROADS. power to fill any vacancy that may occur from any cause in the office of Road Supervisor for the remainder of the term that shall become vacant. Duty of Supervisor. Sec. 17. It shall be the duty of the Supervisors of Roads, to remove all trees, trash or gravel which may lodge against, or near any bridge, over any creek or run, so as to obstruct tlie passage of the water, and to fall all dead trees on each side of all main roads, whose limbs hang over the road, to prevent any damage that may happen by their falling on travelers. Owner of Mill Dam to Make a Carriage Way. Sec. 18. When any mill dam has been or shall be erected, and any public road previously existing is obstructed thereby, the owner of such mill or other water works, shall make a convenient and safe way over the breast of said dam, at least twelve feet wide, and keep the same in repair, or if a safe way for carriages cannot be made on the breast of said dam, the said owner shall l>uild a bridge twelve feet wide either above or below said dam, and connect the same con- veniently with such public road, so that the same shall be easily pass- able ior wagons or carriages, and such owner shall keep the said bridge in repair. Shall Keep a Bridge over Mill Races. Sec. 19. Where any race, appertaining to any mill or other water works, may cross a public road existing when such race shall be made, the owner, or occupier of such mill or other water works, shall keep a good and sufficient bridge, not less than twelve feet in width, over such race. If Owner Refuses, Supervisor to Make Bridges. Sec. 20. Where the owner or occupier of any mill or other water works, shall reiuse or neglect to make either of the bridges or the way over the breast of the dam, mentioned in the two preceding Sections, or keep the same in good repair, the Supervisor having charge of said road, shall proceed forthwith to erect or repair the same, and return an exact account of the expense thereof, on oath, to the County Com- missioners at their next meeting. Sheriff to Collect the Cost of Same. Sec. 21. If the County Commissioners shall be satifled that the ac- count returned by any Sujjervisor under the preceding Section is cor- rect, they shall place the same in the hands of the sheriff, who shall collect the same from the owner, occupier or possessor of such mill or other water works, in the same manner as other county charges ; and he shall pay the same, when collected, to the County Commissioners, for the use of the county. Fine foi' Destroying any Index., $5.00. Sec. 22. All persons who shall wantonly and maliciously impair or destroy any index in wood or stone, or any finger board erected for the inlbrmation of travellers in this State, shall l)e fined not exceed- ing five dollars for ea(;li oflence, one-half to the informer, and the other half to the use of the county where the oflence was committed. COUNTY OFFICERS. 375 TRUSTEES OP THE POOH. The Trustees of the Poor are a])))(>intefl bj' the County Commis- sioners by Article 28, Sec. 29 of the Piil)lic General Law. The duties, c^c, prescribed by the Pulilic General Laws, n^latin^ to the Trustees of the Poor, are contained in Sections 17 and 19, of Art. 6, entitled ''Master and Apprentice," as follows : Trustees may Bind Out Orphans or Poor Children. Art. 6. Sec. 17. The Trustees of the Poor in any county, or any three of tliem. or any officers in any county actini; as Trustees of the poor, may bind out any orphan or otlier poor child Under their care in the poor-house o'' said county, to any discreet person a]!]jlying therefor — always giving preference to tradesmen and mechanics, and requiring said applicants to sign a good and sufficient iiKh'nture to learn said apprentice the occupation that he follows, and to liud liim in good and sutficient clotliing, meat, drink, wash ng and lodiring, and give him education as hereinbefore required to be given to ap- prentices bound by the Or|3hans' Court. Also the Children of any Pau-per or Vagrant. Sec. 19. The Trustees of the Poor in any county may also, in the recess of the Orphans' Court, ujjon inforn.ation, issue their citation to the sheriff, or any constable of the county, to cause to be broui^ht before them the child or children of any pauper or vagrant, and l)ind them out as apprentices for the time and upim the tei'ms hereinbefore prescribed; provided, the contract of apprenticeship shall, within two months thereafter, be approved by the 'said Orplims' Court by en- dorsement thereon as aforesaid, and recorded among the records of the said Orphans' Court. CONSTABLES. The County Commissioners appoint the Constables in their respec- tive counties, under the Constitution, Article 4, Part VI, Section 42. See page 176, for the Powers and Duties of Constables under the Public General Laws. OTHER COUNTY OFFICERS. Paqk. For other County Officers, see Clerks of Courts, 118 Judges of the Orphans' Courts, 147 Register of Wills, 156 Justices of the Peace, 161 Sheriffs, 183 States Attornies, 197 Surveyors, 281 County School Commissioners, tfcc, 287 Notaries Public, 271 Auditors, 274 Jurors 278 Witnesses, 288 Coroners, 293 QUALIFICATION OF rCBLIC OFFICERS. QUALIPICATION OF PUBLIC OFFICERS. Constitution, Article XV, Section 10. The mode of Qualification of Public Officers is prescribed by the Constitution, Article 15, Section 10, as follows: How Officers niay Qualify. Sec. 10. Any Officer elected or appointed in pursuance of the pro- visions of this Constitution, may qualify, either according to the ex- isting jorovisions of law in relation to Officers under the present Constitution, or before the Governor of the State, or before any clerk of any Court of Eecord in any part of the State; but in case an Offi- cer shall qualify out of the county in which he resides, an official copy of his oath shall be filed and recorded in the clerk's office of the Circuit Court of the county in whith he may reside, or in the clerk's office of the Superior Court of the City of Baltimore, if he shall reside therein. — Const. Art. 15, Sec. 10. g^^See Constitution, Article 1, Sections 6 and 7, entitled '-Elec- tive Franchise." QUALIFICATION UNDER THE GENERAL LAWS. The "existing provisions of law."' are contained in Article 78 of the Public General Laws, entitled "Official Oaths," &c., as follows: How the Governor Qualifies. Sec. 1. The Governor shall take smd subscribe the oath prescribed by the Constitution, on the second Wednesday of January next ensu- ing his election, or as soon thereafter as may be practicable, between the hours of twelve and two o'clock, P. M., in the Senate chamber, before the Chief Justice of the Court of Appeals, or in case of his sickness, absence, or inability from any other cause, to attend before one of the Associate Justices of said Court ; and the said oath shall be recorded in the test book of the Court of Appeals. Other State Officers. Sec. 2. The Secretary of State, the Judges of the Court of Appeals and their Clerk, the State Reporter, the State Librarian, the Adjutant General, the Treasurer, Comptj'oller, Commissioner of the Land Office, Commissifmers of Public "Works, and the Keeper of the Records of the Court of Chancery, shall take and subscrilje the said oath before the Governor, and the same shall be preserved in a book to be kept by the Secretary of State. Mentbers of tTie Legislature. Sec. 3. The oath required to be taken and subscribed by the mem- bers of the General Assembly, shall be administered by a member of the Senate to the President, who shall administer the same to the other members of that body and to its officers, and the same shall be subscriljed accordingly, and be administered by one of the members of the House of Delegates to the Speaker, and by him to the other members of that body and to its oflicers, and the same shall be sub- scribed accordingly. qUALIFICATION OF TUBLIC OFFICERS. 377 Clerics of Courts. Sec. 4. The Clerks of the Circuit Courts for the counties, the Su- l)erior Cnurt of Baltimore city, the Court of Common Pleas, the Cir- cuit Court of Baltimore, and the Criminal Court of Baltimore, shall severally take and subscribe the oath prescribed by the Constitution, before the judges of their respective courts. Cwporation Officers. Sec. 5. All Coqioration Officers, except the Mayor or chief magis- trate, shall take such oath as may be prescribed by law or ordinance, before the Mayor or chief magistrate of the corporation. All other Officers. Sec 6. All other Officers elected or a])pointed to any office of trust or profit under the Constitution and laws of this State, including the Mayors or other chief magistrates of muuici])al corporations, shall take and subscribe the said oath, in the city of Baltimore, belore the clerk of the Sui^erior Court, and in the several counties before the clerk of the Circuit Court, or before one of the sworn deputies of such clerks. Test BooTcs. Sec. 7. The said clerks shall each procure and keep in his office a well-bound l)Ook to be called the test book, in which shall be printed or conspicuously written the oaths aforesaid; and every person taking or subscribing the same shall annex to his signature the title of the office to which he shall have been elected or appointed, and the date of his signature. The Form of Oath. Sec. 8. It shall only be necessary for an officer who is required to take and subscribe the oath prescribed by the fourth Section of the first Article of the Constitution, to declare orally at the time, his belief in the Christian religion, or if he professes to be a Jew, of his belief in a future state of rewards and punishments, and it shall l)e pre- sumed that an officer who has taken and subscribed the oath, made at the same time such declaration of belief. Other Forms of Oath, &e. Sec. 9. The oath to be administered to a person who has an ap- pointment which requires him to take an oath, but who is not em- l)raced in the provisions of the aforesaid section of the Constitution, shall be that he will JaithfuUy discharge his duty, unless a diflerent form of oatli is prescribed by law or ordinance. Oath of Attorneys. Sec 10. Every attorney or other practitioner at law shall in open court take and suljscrilje the following oath or affirmation, I do .solemnly swear (or affirm) that I will at all times demean myself lairly and honorably as an Attorney and Practitioner at Law, that I will bear true allegiance to the State of Maryland, and support the laws and Constitution thereof, and that I will bear true allegiance to the United States, and that I will support, protect and defend the Con- stitution, Laws and Government thereof as the Supreme Law of the Land; any law or ordinance of this or any State to the contrary not- withstanding. — 1867, ch. 126. 378 TAX ON OFFICEKS' COMMISSIONS. Persons Neglecting to Take the Oath, &c. Sec. 11. Any person, whether elected or appointed to office, who shall decline or neglect to take and subscribe the oaths prescribed by the Constitution, or by law or ordinance, for the period of thirty days from the day when the commission of such officer has been received at the office of the respective clerks, or in those cases in which xw commission is sent to the clerks within thirty days after receiving his commission or notice of his appointment, shall be deemed to have refused acceptance of said office. Fees of Clerics. Sec. 12. The Clerk of the Superior Court and Clerks of the Circuit Courts, (who shall be entitled to a fee of ten cents for administering the aforesaid oath, to be paid by the party,) shall report to the Sec- retary of State, at least once a month, the names and offices of all officers who have taken and subscribed the same before them re- spectively, which reports shall be carefully preserved by the said Sec- retary of State ; and he shall be competent to certify the character and qualification of Officers equally with the aforesaid clerks. Oath of Deputies and Undei' Clerics. Sec. 13. All deputies and under clerks of the clerks of any of the courts of this State, of the Register of Wills, Commissioner of the Land Office and SheritTs, shall, before they enter upon the duties of their sev- eral offices, severally take and subscribe the following oath: I, A. B., do swear that I will not, for lucre or malice, delay any person applying to me for any business belonging to the olhce I officiate in, and that I will not, directly or indirectly, ask, take, exact, demand or receive from, or charge to, any such person to my own use, any fee or reward whatsoever, tor any service I may do as deputy of the said office, and that in making out the office fees, I will not wittingly or willingly charge other or higher fees than are allowed by law. TAX ON OmCEES' COMMISSIONS. Article 8, Section 149 of the Public General Laws requires the offi- cers named to pay a tax on their commissions, as follows : Tax on Commissions. Art. 81, Sec. 149. When their commissions are delivered to them, the following officers shall respectively pay to the clerk from whom they receive the same, the sums following, to wit: The Judge of each of the Circuit Courts of the several counties, fifty dollars. The Judge of the Superior Court, of the Court of Common Pleas, of the Circuit Court, of the City Court, and of the Criminal Court of Baltimore city, each fifty dollars. The Judges of the Court of Appeals, each fifty dollars. The Slierifi" of Baltimore city, three hundred dollars. The Sherifls of Baltimore county, Frederick county and Washing- ton county, each one hundred dollars. The Sheriflf of Allegany county, seventy-five dollars. TAX ON officers' COMMISSIONS. 879 The Sherifls of Carroll county, Harford, Dorchester, Anne Arundel, Worcester, Somerset, Cecil and Prince George's counties, each forty dollars. The Sheriff' of Howard county, thirty dollars. The Sheriff's of Caroline, Montgomery, Talbot, Charles, Queen Anne's, Calvert, Kent and St. Mary's counties, each twenty dollars. Each Judge of the Ori^hans' Court of the city of Baltimore, fifty dollars. Each Judge of the Orphans' Court in the several counties, ten dollars. Each Justice of the Peace and Constable in the State, two dollars. The Weigher of Live Stock, fifty dollars. The Weighers of Hay and Straw, each fifty dollars, (except the Weigher at the Eastern Hay Scales, who pays ten dollars bv 1872, ch. 2.36.) Each Notary Public in the city of Baltimore, twenty dollars. The Clerk of the Circuit Court of Baltimore, the CleVk of the Court of Common Pleas, the Clerk of the Criminal Court of Baltimore and City Court, each two hundred dollars. The Kegister of Wills of the city of Baltimore, two hundred dollars; the Register of Wills of Baltimore county, one hundred and fifty dollars. The Register of Wills of Frederick county, one hundred dollars ; the Register of Wills of Washington county, seventy-five dollars. The Register of Wills of Allegany, Carroll, Harford, Kent, Dorches- ter, Anne Arundel, Worcester, Somerset, Cecil and Prince George's counties, each fifty dollars. The Register of Wills of Howard, Caroline, Montgomery, Talbot, Charles, Queen Anne's county, Calvert county and St. Mary's county, each thirty dollars.— 1862, ch. 282. Sec. 150. The Clerks of the several Circuit Courts, and of the Supe- rior Court of Baltimore city, shall not administer the oath of office to any officer, until he jiays the tax on his commission, prescribed in the preceding section, and the said clerks shall semi-annually, on the first Monday of June and December, pay to the Treasurer, all sums of money they shall have received for taxes on commissions. — Ihid. Spjc. 151. The Clerks of the Court of Appeals, and the Clerk of the Superior Court of Baltimore city, shall pay to the Treasurer, two hun- dred dollars each ; and the Clerks of the C'ircuit Courts of the several counties, shall each j^ay the sum of one hundred dollars, when they respectively take the oath of office. — Ibid. Sec. 152. The Secretary of State shall funjish to the Comi^troller annually, a list of all officers, who have been reported to him by the several clerks as having been qualified by taking the oath of office. — Ih. 380 FEES OF OFFICERS. FEES OP OTTICEKS. Tlie Fees of Oflicers are prescribed by Article 38 of the Public Gen- eral Laws, as follows : How Accounts Shall he Made Out. Sec. 1. All accounts for officers' fees shall be made out in a fair and clear manner, and in words at length ; and whenever any person in- terested in them, or to whom the same shall be charged, shall require a copy of such account, the several officers herein named, shall, in as short a time as may be convenient, give him an account of such charges, in words at length. [The Act of 1870, ch. 441, amends Section 1st of this Article, by adding the following thereto, and also provides that the Act shall only apply to the counties of Caroline, Kent, Talbot, Frederick. Prince George's, Queen Anne's, Charles and Harford. "And no account for officers' fees by any of the several officers herein named, rendered for services to or in behalf of any county of this State, shall be allowed by the County Commissioners thereof, until said account has been sulnnilted to and approved by the Judges of the Circuit Court of said county, or a majority thereof, as in ac- cordance with the provisions of this Article." — 1870, ch. 441.] Penalty $500 fm' Executing Fees more than Once a Tear. Sec. 2. No officer, under the penalty of five hundred dollars, shall send out his fees on execution more than once in every year, between the first day of January and the first day of May. Penalti/ for Malcing False Charges. Sec. 3. If any officer shall by himself, his deputies, agents or clerks, charge, receive, ask or demand any larger or greater fees than are al- lowed by this Article, he shall for each oflence. Ibri'eitand pay a sum not exceeding one hundred dollars and not not less than twenty dollars, to be recovered by indictment in the Circuit Court lor the county where such officer resides ; or if the oflence be committed in the city of Bal- timore, by indictment in the Criminal Court of Baltimore, one-half to the informer, the other half to the State, and the inlbrmer to be a com- petent witness. Penalti/ for Receiving Fees Once Paid. Sec. 4. If any officer shall by himself or his deputies, agents or clerks, ask, receive or demand any fees herein allowed, after the same have been paid, he shall for each otTence forfeit and pay ten dollars, to be recovered before a justice of the peace as small debts, one-half to the use of the informer, who shall be a comjjctent witness, and the other half for the State, and shall, in addition, return to the party the fees so improperly received. Fees for Otiier Services. Sec. 5. For any service not mentioned in this Article which any officer may render, he shall be allowed the same fees herein allowed for similar services. PUBLIC HOMDATS. 881 When Non- Residents May Collect Fees. Sec. 6. Any officer entitled to any fees for rendering services to any person who is not a resident of this State, or not assessed on tax- able property therein, may require sucli fees to be paid at the time of rendering such service, or security for tlie payment of the same. Siz MontJis Allowed Clerks ami Registers. Sec. 7. Each Clerk and Register of Wills shall have six months, from the time he retires from office, to complete the untinislicd Inisi- ness of liis office, anfl shall have during that period a right, on receipt- ing therelbr to his successor, to all needful papers, in order to enable him to complete and finish his business. Unfinished Business to he Completed in Six MontJu. Sec. 8. Each Clerk and Register on coming into office, shall com- plete all the unfinished business which shall i)e in his office unlhiished by his predecessor within the six months given in the preceding sec- tion ; and such Clerk or Register shall be allowed the usual ft-es lor so doing, the same to be paid by his predecessor or his representa- tives in cases where his predecessor has received the fees, and in cases where the fees have not been received by his predecessor, such Clerk or Register shall collect the same from the parties in the same man- ner that he collects other fees for similar services. [The Fee Tables given in this Act, are published in connection with the several officers to whom they apply.] PUBLIC HOLIDAYS. The days named in the following Act of 18fi2, Chapter 70. (Article 5, P. G. L.) are recognized as public holidays in this State, in conse- quence of the banks being closed on those days by said Act. Notes Due on Certain Days Payable on the Days Preceding. Akt. 5, Sub-Sec. 1. Where bills of exchange or promissory notes, become due and payable on Christmas day, or on New Year's day, or on the fourth day of July, or on the twenty-second day of February, or on any day of public thanksgiving or humiliation and j/rayer, procliumcd by the Governor of this State, or by the authority of the Legislature tliereof, the same shall be payable on the day next before said Christmas day, New Year's day, fourth day of July, twenty- second day of February, or day of thanksgiving or humiliation as afore- said, unless said next preceding day shall be Sunday, in which event, said promissory notes or bills of exchange, shall be payable on the Saturday preceding; and it shall not be necessary for the holders of such bills of exchange or promissory notes, payable as aforesaid, to give notice of the dishonor thereof, until the day next after said Christmas day. New Year's day, fourth of July, or twenty-second of February, or day of thanksgiving or humiliation as aforesaid ; and in case said next succeeding day shall be Sunday, it shall not be neces- sary for the holders of said bills of exchange and promissory notes, to give notice of the dishonor thereof, until the second day next suc- ceeding said Christmas day. New Year's day, fourth of July, or twenty-second of February, or day of humiliation or thanksgiving as aforesaid; and every such notice so given as aforesaid, shall be valid and effectual to all intents and purposes. — 18C3, ch. 70. 383 MISCELLANEOUS. MISCELLANEOUS. j.'ROPERTY Exempt from Executioh". Const. Art. 3. Sec. 44. Laws shall be passed by the General As- semV)ly to protect from execution a reasonable amount of the property of the debtor, not exceeding in value the sum of $500. The Public General Laws. The Act of 1861, Chapter 7, adds the following Sections to Article 83 of the Public General Laws. When $100 may he Exempted from ExecnfAon. Sec. 1. One hundred dollars worth of property of each defendant therein shall be exempt from execution issued on any judgment in any civil proceeding whatever, except on judgments for breach of promise to marry or for seduction. How Such Property may "be Selected. Sec. 2. Each defendant in any such execution may select property, real or per:>(mal, to the value of one hundred dollars, to be ascertained by three disinterested appraisers, to be summoned and sworn by the otRcer at the time of levying the execution, and the appraisement signed by the aj^praisers shall be returned with the writ. Whjen the Whole Property must he Sold, t&c. Sec. 3. If any property of any defendant, whether real or personal? cannot be divided so as to set apart a poi'tion of it of the value of one hundred dollars, without loss and injury to all parties concerned, then the whole shall be sold, and the defendant, whose property is so sold, shall have one hundred dollars of the proceeds in money, and whether the property can be divided without loss shall be deter- mined by the appraisers; this section only to apply to cases where a single parcel of land or single article of personal property is levied on, and in all such cases the officer shall not sell unless the propezty otfered shall bring more than one hundred dollars. What Chattels are Exempt. Sec. 4. All wearing apparel, books, and the tools of mechanics, shall be exempt from execution, in addition to the property hereinbefore ex- empted, but this shall not a^^i^ly to any books or tools kept for sale. Not to Impair Liens of Vendors, Mortgagees, Mechanics, &c. Sec. 5. The preceding sections relating to exemptions shall not impair the lien of any vendor for the purchase money of land, nor of any mortgage, nor of any mechanic or other person, for any debt contracted lor or in aid of the erection of any building, nor from any levy thereon for taxes. Exemption to Apply Only to Actval Residents of the State. Sec. 6. The exemption herein shall not apply to any execution on a judgment rendered on any contract, or to any liabilities which now exist or may exist when this Act shall take cftect; and, provided that nothing herein contained shall be construed to apply to any per- sons except actual honajide residents of the State of Maryland. — 1870, chap. 195. BALTIMORE CITY. STATE AND MUNICIPAL OFFICERS. 25—26 THE MAYOKS OP BALTIMORE CITY. Fkom the Commencement of the City Government, With their Terms op Service. [The Mayors were elected in October, every Two Years.] Hon. James Calhoun, 1797 Thorougood Smith,. .. 1805 Edward Johnson, 1809 George Stiles, 1817 Edward Johnson, 1819 John Montgomery,.. . .1821 Edward Johnson, 1823 John Montgomery,.. . .1825 " *Jacob Small, 1827 " William Stewart, 1830 " *Jesse Hunt, 1883 Gen. Samuel Smith, ..1836 " S. C. Leakin 1839 Hon. Solomon Hillen, Jr.,.. .1842 " James O. Law, 1843 Jacob G. Davies, 1845 Elijah Stansbury, 1849 J. H. T. Jerome 1851 John Smith Hollins,,. .1853 Samuel Hinks, 1855 Thomas Swann, 1857 tGeo. Wm. Brown, 1861 |John Lee Chapman,. . .1862 John Lee Chapman,. . . 1863 " ^Robert T. Banks, 1867 " Joshua Vansant, 1871 " *Samuel Brady, 1841 * Resigned. t Arrested and imprisoned by military power, Sept. 12th, 1861. J Mayor, ex-officio, during the remainder of Mayor Brown's term. ^ Four years' term under the Constitutiou. THE OFFICERS OF BALTIMORE CITY Under the Constitution, the Acts of Assembly and the City Ordinances. THE BALTIMOEE CITY CHARTER. The Chartered Powers of the City of Baltimore as prescribed by the Constitution and Laws, are as follows : Constitution. Article XI. The Mayor — When Elected — His Term of Oflxre Sec. 1. The inhabitants of the City of Baltimore, qualified by law to vote in said city for members of the House of Deletjates, shaJl. on the fourtli "Wednesday of October, eighteen hundred and sixty-seven, and on the same day in every fourth year thereafter, elect a person to be Mayor of the City of Baltimore, who shall liave such qualifica- tions, receive such compensiition, discharge such duties, and have such powers as are now, or may hereafter 1)0, ])rescribefl by law ; and the term of whose office shall commence on the first Monday of No- vember succeeding his election, and shall continue for four years, and until his successor shall have qualitied : and he shall be ineligible for the term next succeeding that for wliich he was elected. [The Act of 1870, Chapter 116, changes the term of Mayor to two vears, as follows: Tei'm of Mayor Chnntjed, d-c. Sec. 1. In pursuance of the power contained in Section 9 of Ar- ticle XI, of the Constitution, entitled Baltimore City. Section 1 of said Article be and the same is hereby chanifod and altered so far as it provides that the term of office of the Mayor of Baltimore City shall continue for four years, and that he shall be ineligible for the term next succeeding that for which lie was elected. — 1870, ch. 11(3. Mayor to Serve Two Years. Sec. 2. Hereafter an election lor Mayor of the City of Baltimore shall be held on tlie fourth Wednesday of October in every second year after the next election for Mayor, to be held in said city in the year eighteen hundred and seventy-one, and the term of office of the Mayor of said city, shall continue for two years and until his successor shall have qualified.— 1870, ch. 116.] The City Council — Two Brnnrhes, J-e. Sec. 2. The City Council of Baltimore sliall consist of two Branches, one of which shall be called the First Branch, and the other the Se- cond Branch; and each shall consist of such number of members, having such qualification, receiving such compensation, performing such duties, possessing such powers, holding such terms of office', and elected in such manner, as are now, or may hereafter be pre- scribed by law. 402 CITY OP BALTIMORE. Time of Election — Term of Office — Qualif cation. Sec. 3. An election for members of the First and Second Branch of tlie City Council of Baltimore shall be held in the City of Baltimore on the fourth ^V'ednesday of October, eighteen hundred and sixty- seven ; and for members of the First Branch on the same day in every year thereafter; and lor meml>ers of the Second Branch on the same day in every second year thereafter; and the qualification for electors "of the members of the City Council shall be the same as those prescribed for the electors of Mayor. Regular Sessions of Nineti/ Days — WJien Commenced — Extra Sessions. Sec. 4. The regular sessions of the City Council of Baltimore, (which shall be annual,) shall commence on the third Monday of January of each year, and shall not continue more than ninety days, exclusive of Sundays; but the Mayor may convene the City Council in extra session whenever, and as often as it may ajjpear to him that the public good may require; but no called, or extra session shall last longer than twenty days, exclusive of Sundays. Members to Hold No Other Office— Contracts. Sec. 5. No person, elected and qualified as Mayor, or as a member of the City Council, shall, during the term for which he was elected, hold any other office of profit or trust, created or to be created, by the Mayor and City Council of Baltimore, or by any law relating to the corporation of Baltimore, or hold any employment, or position, the compensation of which shall be paid, directly or indirectly, out of the City Treasury ; nor shall any such person be interested, di- rectly or indirectly, in any contract to which the City is a party ; nor shall it be lawful for any person, holding any office under the City, to be interested, while holding such office, in any contract, to which the City is a party. T?ie Mayor May le Removed for Cause. Sec. 6. The Mayor shall, on conviction in a court of law, of willful neglect of duty, or misbehavior in office, be removed from office by the Governor of the State, and a successor shall thereafter be elected, as in a case of vacancy. No Debt Created, rf-c, icithovt Legislative Sanction and Vote of the People — Police. Sec. 7. From and after the adoption of this Constitution, no debt (except as hereinafter excepted,) shall be created by the Mayor and City Council of Baltimore ; nor shall the credit of the Mayor and City Coiincil of Baltimore be given, or loaned to, or in aid of, any individual, association, or corporation; nor shall the Mayor and City Council of Baltimore have the power to involve the City of Balti- more in the construction of works of internal improvement, nor in granting any aid thereto, which shall involve the laith and credit of the City, nor make any appropriation therelbr, unless sucli debt, or credit be authorized by an Act of the General Assembly of Marvhind, and by an Ordinance of the Mayor and City Council of Baltimore, iTiubject to the legal voters of the City of Baltimore at such time and [>lace as may be fixed by said ordinance, and approved by a majority CITY OF BALTIMORE. 403 of the votes cast at such time and place; but the Mayor and City Council may, temporarily, borrow any amount of money to meet any deficiency in the City Treasury, or to provide for any emergency arising from the necessity of maintaining the Police, or preserving the safety and sanitary condition of the City, and may make due and proper arrangements and agreements for the removal and extension, in whole or in part, of any and all debts and obligations, created according to law before the adoption of this Constitutiou, Laws in Force Continued. Sec. 8. All laws and ordinances, now in force, applicable to the City of Baltimore, not inconsistent with this Article, shall be, and they are hereby continued until changed in due course of law. General Assembly may Make Changes. Sec. 9. The General Assembly may make such changes in this Ar- ticle, except in Section 7 thereof, as it may deem best; and this Article shall not be so construed, or taken as to make the political corporation of Baltimore independent of, or free from, the control, which the General Assembly of Maryland has over all such corpora- tions in this State. CoNSTiTCTiox, Article III. Each Legislative District to Have One Senator. Const. Art. 3, Sec. 2. Each of the three legislative districts of Bal- timore City, as they are now, or may hereafter be defined, shall be en- titled to one Senator, who shall be elected by the qualified voters of the legislative districts of Baltimore city, respectively, and shall serve for four years from the date of his election, subject to the classification of Senators, heretofore provided for. Each Legislative District to Have as many Delegates as the Largest County. Const. Art. 3, Sec. 4. Each of the three legislative districts of the City of Baltimore shall be entitled to the number of delegates to which the largest counties shall or may be entitled under the ap- pointment for the counties, set forth in this Section. And the Gen- eral Assembly shall have power to provide by law, from time to time, for altering or changing the boundaries of the three existing legisla- lative districts of the City of Baltimore, so as to make them as near as may be of equal population. But said districts shall always con- sist of contiguous territory. THE CHARTERED POWERS OF BALTIMORE CITY, Under the Acts of the General Assembly. The Acts of Inc()r}>oration of Baltimore City, are contained in Arti- cle 4 of the Public Local Laws, entitled "City of Baltimore," as follows: Corporate Powers. Art. 4, Sec. 1. The inhabitants of Baltimore are a corporation, by the name of "The Mayor and City Council of Baltimore," and by that name shall have perpetual succession, may sue and be sued, may pur- chase and hold real, personal and mixed property, or dispose "of the same lor the benefit of said city, and may have and use a common seal, which may be altered at pleasure. 404 CITY OF BALTIMORE. Power to Take and Hold Property, &c. Sec. 2. All the iJi-operty and funds of every kind belonging to or in possession of the city of Baltimore, are vested in the said corporation, and the said corporation may receive in trust, and may control for the purpose of such trusts, all money or other property which may have been or shall be bestowed upon such corporation by will, deed, or in any other form of gift or conveyance in trust for any general cor- poration purpose, or in aid of the indigent and poor, or for the gene- ral purposes of education, or for charitaljle purposes of any description within the said city ; and the said corporation may lease or otherwise disjDose of any property belonging to the city, having iirst given pub- lic notice of such proj^osed lease or sale in one or more of the public newspaj^ers of said city, at least once a week for three successive weeks before such lease or sale. Twenty Wards — Duty of Corporation. Sec. 3. The city of Bait imoreis divided into twenty wards, accord- ing to their present bounds and limits, and it shall be the duty of the corporation to correct the divisions, from time to time, so as to pre- serve as accurately as may be an equal number of inhabitants in each ward. Term a,nd Qualifications of Mayor — When Elected. Sec. 4. The inhabitants of the city of Baltimore, qualified to vote for members of the House of Delegates, shall, on the iburth Wednes- day in October in every second year, elect by ballot, a person of known integrity, experience, and sound judgment, twenty-five years of age, ten years a citizen of the United States, and five years a resi- dent of said city next preceding the election, and assessed on the books of the assessor, with projjcrty in said city to the amount of five hundred dollars, to be Mayor of the City of Baltimore. — 1870, ch. 116. Vacancy in Office — Hoic Filled. Sec. 5. In case of a vacancy in the office of Mayor, the president of the first branch City Council, or if no president of the first branch, or in his absence from the city, the president of the second branch, shall, within five days after such vacancy, order a new election, giving at least fifteen days' notice of the same by advertisement in all the news- papers in said city ; and the president of the first branch of the (Jity Council shall be ex-officio Mayor until a new election. Who to Act as Mayor in Case of SicJcness, &c. Sec. 6. In case of the sickness or necessary absence of the Mayor» the President of the first branch, or if no President of the first branch, or in his absence from the city or sickness, the President of the second branch shall, ex-offcio, be Mayor of the city during the continuance of such sickness or necessary absence of the Mayor. Term of Office. Sec. 7. The terra of office of the Mayor shall commence on the first Monday of November succeeding his election, and he shall receive such salary as shall have been provided by ordinance previous to his election. — See Constitution, Article 9, Sec. 1. Mayor may Act as Justice of the Pea,ce and Call Officers to Account. Sec. 8. The Mayor shall, in virtue of his ofiicc, have all the juris- dictiou and powers of a justice of the peace, except as to the recovery CITY OF BALTIMORE. 405 of debts, and may call upon any officer of the city, intrusted with the receipt and expenditure of public money, for a statement of his ac- counts as often as he or the corporation may conceive necessary. To See Ordinances Executed and Send Message to Council. Sec. 9. He shall see that the ordinances are duly and fliithfully ex- ecuted, and shall report annually to the corporation durin- the session, or he may be fined in the discretion of his branch, not ex- ceeding two dollars a day for each day he shall so absent himself. Adjournment. Sec 13. Neither branch shall adjourn, without the consent of the other, for a longer time than one day durina the session. Salary. Sec 14. The members of the City Council shall severally receive a salary of $1U00 per year. — Ord. 5'J, 1871. Members Ineligible to any Corporation Office or Clerlship. Sec lo. It shall not be lawful for any member of the Citv Council to be appointed or to accept ajjpointment to any office or clerkship under the corporation during the term for which he was elected as a member of the City Council, the salary or emolument of which are fixed and determined by the Mayor and City Council, whether said appointment be made by the Mayor individually, or by the ^Nlayor and City Council in convention, or by any other officer or officers of the city. 410 BALTIMORE CITY OFFICEUS. Duty of Clerics of City Council. Sec. 16. It shall be the duty of each of the chief clerks of the City Council, within thirty days after each and every session, to deliver in I^erson, to the Register of the city, the journal of his respective branch of the City Council; also all petitions, memorials, messages, reports and communications of every description, which may have been re- ceived during the session, and which may be in his possession at the close thereof; and the Register of the city is hereby directed to with- liold Irom said clerk or clerks, one-half of the amount or amounts which may be due him or them, until he or they shall have performed all the duties hereinbefore prescribed. Clerhs to Endorse Papers. Sec. 17. The said clerks shall, before they deliver the papers afore- said, endorse each and every one in a j^roper manner, and tile them in separate bundles. To Fvrnish Proceedings to Printer. Sec. 18. It shall be their duty to furnish the printer who may be selected by the Register to print the journals of the Council, with the proceedings of each branch, together with all petitions, memorials, communications, messages, roj^orts of committees, and such other documents as shall be directed to be printed. Copy of Journal to ie Printed on Writing Paper. Sec. 19. A copy of the journal of each day's proceedings of the respective branches of the City Council shall be printed on writing paper corresponding in size and margins with that on which the daily proceedings of the respective branches of the City Council are now or may hereafter be printed. Copy of Journals to he delivered to Register. Sec. 20. It shall be the duty of each of the chief clerks of the City Council to receive from the j^rinter of the journals of the Council, a copy of the journal of each day's proceedings of the branch of w^hich he is clerk, printed on writing paper, as provided in the preceding section, which copy, when revised, shall be signed by the respective Clerk and President of said branch, and shall be. by said clerks re- spectively, delivered to the Register of the city, by whom the same sliall be l)ound in a substantial manner, and preserved in his office; which said certified journals sliall be evidence of the i^roceedings of the respective branches of the City Council. Engrossing of Ordinances and Resolutions. Sec. 21. The clerks of each branch of the City Council, in engross- ing the ordinances and resolutions passed by the City Council, shall cause the same to be done on paper of good quality and uniform size, each sheet with an inner margin of at least two inches in width, the better to permit the same to be bound as provided for in the next succeeding section. Register to have Engrossed Ordiruinces Bound. Sec. 22. The Register shall cause the original engrossed copies of the ordinaiict's and resolutions, passed by the City Council, to be suitaljly bound in a volume, ]al)eled with the year or years of the several sessions during which the same were passed, and properly BALTIMORE CITY OFFICERS. 411 p.afjerl and supplied ^vith an index of the full title of each of said ordinances and resolutions. Register to Send Copies of Ordinances to Heads of Departments. Sec. 23. It shall be the duty of the Register, immediately after the approval of any ordinance or resolution of the City Council, effecting an}' of the departments of the city government, either by ordering tliem to do certain work or otherwise, to send a copy of such ordi- nance or resolution to the head of deijartment so alluded to. To Ftirnish Ordinances to State Library/, &e. Sec. 24. The Register shall annually furnish to the State Library two copies, and to the Library Company of the Baltimore bar, two copies of the ordinances and journals for that year. To Pnhlish Journal and Advertise Ordinances, &c. Sec. 25. It shall be the duty of the Register to contract for the daily printing of the journal of each branch, so that each member of the Council may have, at the session of every afternoon, the journal of the preceding day ; to cause all the ordinances and resolutions of the city, of a public or general nature, to be published in such and so many newsjDapers as he may deem best calculated to gi-ve general in- formation to the citizens ; provided, that no higher rate of charge be allowed for publication in the German newspapers than shall be charged for printing the same ordinances and resolutions in the news- papers printed in the English language, and that the whole expense to be thereby incurred, shall not exceed the annual appropriation for that object; and likewise cause the same to be published in book form, and the annual reports of the different officers of the city to be bound up therewith ; and it shall be his duty carefully to examine the proof sheets of the ordinances and resolutions and officers' returns when published in a volume, and to furnish an index and proper references to former ordinances. To Advertise for Proposals far Printing, &c. Sec 2G. It shall be the duty of the Register, annually, before the first day of September, to advertise by giving daily notice, for ten days, in three of the daiiy newsj^apers of the city, lor sealed propo- sals for printing the ordinances and other pai)ers required to be printed, and likewise for such printing as may be required by the Council during its session, and by the various city officers ; and at the same time the Register shall advertise for such stationery as may be required for the use of the coiporation during the year. And all book and job j^rinting required by the Mayor and City Council, and all the city departments, whether enumerated or not, shall be exe- cuted by the person or persons having the contract lor the city print- ing, at the rates specified in said contract ; the charges for the same to be provided for by the Register in the annual levies. To Tale Bonds from Contractors. Sec 27. For all contracts under the preceding two sections, tlie Register is hereby required to take bonds of the contractors, certified by the Comptroller, to be with good and sufficient security, and to be approved by the Mayor, for such sum as in his judgment may be ad- equate to secure their fulfilment. 412 BALTIMOKE CITY OFFICERS. Printers to he Paid Quarterly^ &e. Sec. 28. The Register is hereby directed, on tlie certificate of the Comptroller, with tlie approljation of the Mayor, to pay quarterly to the publishers of such papers as may be designated for that purpose, all bills for pu])lic or corporation printing which may be required by ordinance, or which sliall be ordered by any of the cor])orate authori- ties of the city ; provided, that the whole expense thereby incurred, shall not exceed the amount annually appropriated for that purpose ; and that all the bills aforesaid shall be certified by the several parties presenting them to be charged at the usual customary prices charged for such work, from which the Register shall deduct twenty-five per centum upon the payment thereof. Duty of Assistant Cleric of the First Branch. Sec. 29. It shall be the duty of the Assistant Clerk of the first branch of the City Council, under the direction of the Chief Clerk, with the approval of the President of the first branch, to engross all ordinances and resolutions passed by the Council which originate in the first branch ; to have all petitions, memorials, messages, reports and communications, properly endorsed, ready for the signature of the Chief Clerk ; to write all messages from the first to the second branch, and to prepare all communications rendered necessary by order or resolution of the branch, ready for the signature of the Chief Clerk ; to convey all messages from the first to the second branch, and to per- form all such other duties as may be required of him by the Council in connection with their business, except the preparation of the man- uscript journal for the printer, and the recording of the approved pro- ceedings in the regular journal of the session ; provided, however, that in case of the absence from sickness or other cause of the Chief Clerk, he shall jjerform said duty also. The Per Diem Sheet. Sec. 30. The Chief Clerks of the City Council, shall, on the last day of every session, lay before their respective branches a per diem slieet, with the name of every member, the number of days he has attended, as recorded on their journals for the said session, and the amount carried out to each name; and shall, furthermore, deliver said sheet to the Register of the city within five days after each session. Clerk to the Convention to Notify Mayor of Action on Appointments. Sec. 31. The Clerk of the second branch is constituted the Chief Clerk of the two branches when in convention, and as such, shall im- mediately after the adjournment of a convention, notify the Mayor of the adoption or rejection of any nomination, and of all appointments made by said convention. Weekly Statement of Appi'opriations. Sec. 32. It shall be the duty of the Clerks of the two branches of the City Council, to prepare weekly statements of the appropriations of money passed by the two branches of the City Council, and on each Monday, during the session, to place the same on the journals of the res))ective branches of the City Council, and such statements shall show the aggregate amount of appropriations up to the time of pre- paring them. I BALTIMORE CITY OFFICERS. 418 Oath of Members and Corporation Officers. Sec. 33. Every member of the branches of the City Council, and every corporation officer, shall, respectively, before entering on his duty as such officer, take and subscribe the oath set Ibrth in Section 6, of Article 1, of the Constitution, and no other oath. Three Legislatite Districts. Sec 54. The city of Baltimore is divided into three several dis- tricts, which shall be called First, Second and Third Legislative Dis- tricts of Baltimore city. The districts shall be composed of wards, as follows: First District. — First, second, third, fourth, fifth, sixth and seventh. Second District. — Eighth, ninth, tenth, eleventh, twelfth, nineteenth and twentieth. Third District. — Thirteenth, fourteenth, fifteenth, sixteenth, seven- teenth and eighteenth. CITY OFFICERS. Officers to he Appointed AnnuaUy. Sec. 55. All officers of the city, except the Register, and any other person holding any office for whom a different term may be prescribed in the ordinance creating such office, shall be appointed annually in the month of February, and shall enter into their respective offices on the first day of March, immediately following their respective ap- pointments. Power of Remoral hy Mayor. Sec 56. A term of holding shall not be deemed to be created by any resolution or ordinance, so as to affect the power of i-emoval given to the Mayor, by Article 4, Section 26, of the Pul)lic Local Laws, because such resolution or ordinance may j^rescribe that such officer or officers may or shall be appointed annually, or in the month of Feliruary, or as other city officers are appointed, or by any other like expression indicating a periodical duty of appointment, and that such words shall not be deemed and taken as otherwise provided by law or ordinance, so as to annul the power of removal intended to be given by said Section 26, of Article 4, of Public Local Laws. New Appoint m/'nts. Sec 57. Whenever the City Councils are in session, any new ap- pointment by the Mayor, shall be subject immediately thereafter to the confirmation of the Council, and when confirmed, the officers so appointed, shall enter upon the discharge of the duties of their office on the day succeeding their confirmation. Officers Not to he Concei'ned in Contracts — Penalty, $500 Sec 58. It shall not be law^ful for any officer of this corporation, whether appointed by the Mayor and City Council, by the City Coun- cil in convention, by the Mayor alone, or by any Board of Commis- sioners, Trustees, Visitors or Building Committee, acting under the authority of the Mayor and City Council, to be engaged or concerned, directly or indirectly, in any contract for work clone, or to be done, on account of the city, or in which the city is or may be in any way 414 BALTIMORE CITY OFFICERS. concerned, in the purchase of any debt due from the corporation, or claim upon the same for any work done, or to be done, by or under any ordinance of the city, or to be engaged in any contract, directly or indirectly, or concerned in any manner in doing work of any kind, or furnishing of supplies for any institution or office, or receive any per cent;ige on any purchases or contracts in the office with which he may be connected, and any officer offending herein, shall be fined in a sum not exceeding five hundred dollars, and it shall be obligatory on the Mayor, upon being apprised of any violation of this Section, to dismiss forthwith from office, any officer who may be guilty of such violation. — Const, Art. 11, Sec. 5. Expenses not to Exceed Appropriation — Penalty. Sec. 59. If any officer or officers of the coi-poration shall, without authority, expend or contract for the expending any public money, or shall in any case exceed the appropriation, he or they shall be held liable in his or their individual capacity for the amount so improp- erly exj^ended or contracted to be expended. To Give Bond as the Mayor may Direct. Sec. 60. The several officers, except in such cases as are provided for in the two succeeding sections, shall give bond with security to the Mayor and City Council of Baltimore, for the faithful performance of their respective duties, in such penal sums as the Mayor may di- rect, except where particular sums are specified by ordinance. iVo Bond Required of Officers without Compensation. Sec. 61. The several officers who are not entitled to compensation for their services shall not be required to give bond for the faithful performance of their duties, unless the Mayor shall think it expedient to require the same. Not Required to Bond, unless, &c. Sec. 62. The several officers whose compensation shall not exceed two hundred dollars per annum, shall not be required to give bond for the faithful performance of their duties, unless the Mayor shall think it expedient to require it. Extra Compensation not to he Allotced, nor Salary Altered. Sec. 63. No extra compensation shall be granted or allowed by the Mayor and City Council to any officer, agent or servant of the corporation, or of any other corporation the expenses of which are borne in whole or in part by the city, after the services have been ren- dered, nor shall the salary or compensation of any of said officers, agents or servants, be increased or diminished during the term for which they may be or may have been elected, appointed or employed; provided, that should an increase of duties be required by any subse- quent ordinance or resolution of the Mayor and City Council, an extra compensation in proportion for the increase of labor, to the original compensation, may be allowed, in the discretion of the said Mayor and City Council. Extra Compensation not to ie Allowed to any Contractor. Sec. 64. No extra compensation shall be granted or allowed by the Mayor and City Council to any contractor or contractors with the city, or with any corporation the expenses of which are in whole or in part borne by the city, after the contract has been entered into; BALTIMORE CITY OFFICERS. 415 provided, that in case a contractor or contractors shall be prevented b}' an act of the Mayor and City Council, or any agent or servant thereof, acting under their authority, from fulfilling his contract as agreed on, and loss is tlienl)y sustained by him or them, such extra compensation may be allowed as will compensate him or them for said loss incurred as aforesaid. Eight Hours a Legal Day'' 8 Worh. Sec. 65. No employee in any of the de])artments of this corporation shall be required to labor, or render more than eight hours service per day, and that said eight hours labor, or service rendered, shall constitute and be accepted by this corporation as a legal day's labor. No Reduction to he Made in Wages. Sec. 66. No reduction shall be made in the wages of any person who now is, or may hereafter be employed in any of the de2)artnients of this corporation, on account of the reduction made in the hours of labor. Wages to he the Same Until Changed. Sec. 67. The salary or wages paid to any employee of this corpora- tion, in any of its departments, shall be the same as they now receive, and until the same shall be changed by the Mayor and City Council: provided, that nothing contained in this ordinance shall be so con- strued as to apply to mechanics or working men in the employ of any person or persons having contracts under the city. Salaries Paid Monthly. Sec. 68. The salaries of all officers of the corporation, unless other- wise directed by law, shall be j^aid on the first Monday of each and every mouth. City Contracts. Proposals to he Laid hefore the Mayor, who, with Comptroller arid Register, Aioarih Contracts. Sec. 69. Whenever the city officers or any of them shall advertise for sealed proposals for any ]!iil)lic work or contract of any kind whatsoever, pursuant to existing ordinances or resolutions, or to such as may hereafter be passed, it shall be the duty of such officers so ad- vertising, to lay the sealed proposals received by him or them, accord- ing to the advertisement, belbre the Mayor, who with the Comptroller and Register, shall proceed to open them, and award, in all cases, to the lowest bidder, of known capacity, responsibility and integrity, whose security for the execution of the work according to the contract, or the performance of the contract, as the case may be, in the judgment of the Mayor, Comptroller and Register, or a ma- jority of them, shall be sufficiently responsible to insure the per- formance of the work or contracts according to the stipulations thereof respectively ; provided, however, that no bid shall be opened from any person who has heretofore failed in the performance or due execution of any contract he may have been engaged in with the corporation of Baltimore. — Ord. 64, 1873. Proposals — Time and Place of Opening. Sec. 70. All sucti proposals shall be opened at sucli time and place as may be publicly designated by advertisement, in the presence of such persons as choose to attend. 27 416 BALTIMORE CITY OFFICERS. Bond from Contractor. Sec. 71. For all contracts made under the provisions of the two preceding sections, the Register is hereby required to take bonds ol the contractors, certified by the Comptroller, to be with good and sufficient security, and to be approved by the Mayor, for such sum as, in his judgment, may be adequate to secure their fulfilment. Comptroller to Examine Contracts, &c. Sec. 72. The Comptroller shall examine all contracts made by the city officers, and he shall report within thirty days after the meeting of the Council in an annual session, all contracts made by the corpo- ration as directed or authorized by the Council, and not performed or completed, or upon which any money remains unpaid, with the amount of money remaining unpaid on each. Records of the City. Papers to ie Filed and Recorded, and not Talcen Out of Office Except in Certain Cases. Sec 73. It shall be the duty of all city officers carefully to file and keep, having first recorded the same, all public papers whatever, be- longing to the city, which are now in or may hereafter come into their respective offices, and which appertain to the same ; and it shall not be lawful for any register or clerk to permit any paper or record in his office to be taken therefrom, by any person or jDersons whatever, unless the same be demanded by a court of justice of this State, or of the United States, or by either branch of the City Council, but every person wanting the information contained in such papers or record, shall be entitled to a copy of the same ; and it shall be the duty of the register or clerk to furnish such copies when applied for, and the re- gister or clerk shall charge and receive theretor the sum of fifteen cents for every sheet of copy containing one hundred words, and so pi'orata for every search, and for every certificate to a copy, twenty- five cents, which fees or charges shall be paid into the Treasury of the city. Register the Keeper of Records, &c. Sec. 74. The Register shall take under his charge and keeping, all the records, papers and proceedings of the corporation, except those relating to titles of city property; all the ordinances, resolu- tions, votes and proceedings of the City Council, after each and every session ; and shall record, or cause to be recorded, in a book or books, all appointments of each and every officer of this corisoration. Comjitroller Keeper of Title Deeds, &c. Sec. 75. The Comptroller shall keep a well bound record book, and have therein recorded all deeds and leases made to the city, or sufficient extracts from such deeds and leases as will fully explain the same ; and also all contracts and agreements made in relation to the property of the city ; the records in said record book to be written on every other page, so that the page opposite the record may be left blank for any remarks that may be necessary to be made in regard to the disposition of said property. The said record book shall also have an alj)habetical index made for more easy reference to said deeds, leases, contracts and agreements. COURTS OF BALTIMORE CITT. 417 TU City Seal. Sec. 76. The seal heretofore provided and used, the impression on which is a representation of the Battle Monument, is hereby estab- lished and declared to have been and now to be the seal of the Mayor and City Council of Baltimore. Register the Keeper of the Seal — Fees. Sec. 77. The Register shall take under his charge and keeping, the corporate seal of the city, and use it in all cases which now are or may hereafter be required, either by the laws of the United States, the sev- eral States, the ordinances of this corporation, or the usage and cus- toms of nations, whenever applied to for that purpose; and for each and every seal which he shall affix to an instrument or instruments of writing, he shall be entitled to receive for the use of the city, the sum of two dollars; except that in cases where the certificate of the Regis- ter, under seal, shall be required to be used as evidence in the claTms of soldiers and seamen in the United States service, or in the claims of the widows or heirs of such as may have died, or may hereafter die in the service, he shall furnish such certificate without any charge whatever. THE COURTS OF BALTIMORE CITY. Constitution, Akticle IV, Part IY, The provisions of the Constitution in relation to the Courts of Bal- timore city, are as follows : The Supreme Bench. Sec. 27. There shall be in the Eighth Judicial Circuit, six Courts to be styled the Supreme Bench of Baltimore city, the Superior Court of Baltimore city, the Court of Common Pleas, the Baltimore City Court, the Circuit Court of Baltimore City, and the Criminal Court of Baltimore. Jurisdiction of the Superior Court, Court of Common Pleas and City Courts. Sec. 28. The Superior Court of Baltimore city, the Court of Com- mon Pleas, and the Baltimore City Court shall, each, have concurrent jurisdiction in all civil common law cases, and, concurrently, all the jurisdiction which the Superior Court of Baltimore City and the Court of Common Pleas now have, except jurisdiction in Equitv, and except in applications for the benefit of the Insolvent Laws of Maryland, and in cases of Appeal from judgments of Justices of the Peace in said city, whether civil or criminal, or arising under the ordinances of the Mayor and City Council of Baltimore, of all of which appeal cases, the Baltimore City Court shall have exclusive jurisdiction ; and the said Court of Common Pleas shall have exclusive jurisdiction in all applications for the benefit of the Insolvent Laws of Maryland, and the supervision and control of the Trustees thereof. Jurisdiction of Cireuit Court. Sec. 29. The Circuit Court of Baltimore city shall have exclusive jurisdiction in Equity within the limits of said city, and all such 418 COUKTS OF BALTIMOKE CITY. jurisdiction as the present Circuit Court of Baltimore city has ; f/ro- r«<7e(^?, the said Court shall not have jurisdiction in applications for the writ of habeas corpus in cases of persons charged with criminal offences. Jurisdiction of Criminal Court. Sec. 30. The Criminal Court of Baltimore shall have and exercise all the jurisdiction, now held and exercised by the Criminal Court of Baltimore, except in such Appeal cases as are herein assigned to the Baltimore City Court. Supreme Bench of Baltimore City — Term Fifteen Years — Salary. Sec. 31. There shall be elected by the legal and qualified voters of said city, at the election, hereinbefore provided for, one Chief Judge, and four Associate Judges, who, together, shall constitute the Su- preme Bench of Baltimore city, and shall hold their offices for the term of fifteen years, subject to the provisions of this Constitution wuth regard to the election and qualifications of Judges, and their re- moval irom office, and shall exercise the jurisdiction, hereinafter spe- cified, and shall each receive an annual salary of three thousand five hundred dollars, payable quarterly, which shall not be diminished during their term of office; but authority is hereby given to the Mayor and City Council of Baltimore, to pay to each of the said Judges, an annual addition of five hundred dollars to their respective salaries ; prodded, that the same, being once granted, shall not be diminished nor increased, during the continuance of said Judges in office. Assignment of Judges — Jurisdiction — SicTcness, Absence, &c. Sec. 32. It shall be the duty of the said Supreme Bench of Baltimore city, as soon as the Judges thereof shall be elected and duly qualified, and from time to time, to provide for the holding of each of the afore- said Courts, by the assignment of one, or more of their number, to each of the said Courts.Who may sit either separately, or together, in the trial of cases : and the said Supreme Bench of Baltimore City may, from time to time, change the said assignment, as circumstances may require, and the public interest may demand : and the Judge or Judges, so assigned to the said several Courts, shall, when holding the same, have all the powers and exercise all the jurisdiction, which may belong to the Court so being held ; and it shall also be the duty of the said Supreme Bench of Baltimore City, iu case of the sickness, absence or disability of any Judge or Judges, assigned as aforesaid, to provide for the hearing of the cases, or transaction of the business assigned to said Judge or Judges, as aforesaid, before some one, or more of the Judges of said Court. General Terms — Rules to le Made — Jurisdiction on Motions — Right of Appeal. Sec. 33. The said Supreme Bench of Baltimore City, shall have power, and it shall be its duty, to provide for the holding of as many gene- ral Terms, as the performance of its duties may require, such general Terms to be held by not less than three Judges ; to make all needful rules and regulations lor the conduct of business in each of the said Courts, during the session theieoi", and in vacation, or in chambers, before any of said Judges; and shall also have jurisdiction to hear COURTS OF BALTIMOltE CITY. 419 and determine all motions for a new trial in cases tried in any of said Courts, 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 or Judges, while holding said several Courts ; and the said Supreme Bench of Baltimore city, shall make all needful rules and regulations for the hearing before it of all of s;iid matters ; and the same right of appeal to the Court of Appeals shall be allowed from the determina- tion of the said Court on such matters, as would have been the right of the parties if said matters had been decided by the Court in which said cases were tried. Decisions of Judges of City Court in Justices' Appeal Cases Final — Attedation of Writs^ dec. Sec. 84. No appeal shall lie to the Supreme Bench of Baltimore City from the decision of the Judge or Judges holding the Baltimore City Court, in case of apjieal from a Justice of the Peace ; but the decision by said Judge or Judges, shall be final ; and all writs and other process issued out of either of said Courts, requiring attesta- tion, shall be attested in the name of the Chief Judge of the said Supreme Bench of Baltimore City. Three Judges of Supreme Bench a Quoi'um. Sec. 35. Three of the Judges of said Supreme Bench of Baltimore City, shall constitute a quorum of said court. All Causes Pending to ie Proceeded in. Sec. 36. All causes depending, at the adoption of this Constitution, in the Superior Court of Baltimore City, the Court of Common Pleas, the Criminal Court of Baltimore, and the Circuit Court of Baltimore City shall be proceeded in, and prosecuted to final judgment, or de- cree, in the Courts, respectively, of the same name established by this Constitution, except cases belonging to that class, jurisdiction over which is by this Constitution transferred to the Baltimore City Court, all of which shall, together with all cases now pending in the City Court of Baltimore, be proceeded in, and prosecuted to final judg- ment in said Baltimore City Court. Clerks of Courts — To he Elected hy People — Term Six Tears — Salaries $3500 — Perquisites Not Alloiced — Vacancy. Sec. 37. There shall be a Clerk of each of the said Courts of Balti- more City, except the Supreme Bench, who shall be elected 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, in the year eighteen hundred and sixty-seven, and shall hold his office for six years from the time of his election, and until his successor is elected and qualified, and be re-eligible thereto, subject to be removed for willful neglect of duty, or other misdemeanor in office, on convic- tion in a court of law. The salary of each of the said Clerks shall be thirty-five hundred dollars a year, payable only out of the lees and re- ceipts collected by the Clerks of said city, and they shall be entitled to no other perquisites or compensation. In case of a vacancy in the office of Clerk of any of said Courts, the Judges of said Supreme Bench of Baltimore City shall have power to fill such vacancy until the general election of delegates to the General Assembly, to be held next there- 420 COURTS OF BALTIMORE CITY. after, when a Clerk of said Court shall be elected to serve for six years thereafter; and the provisions of this Article in relation to the ajjpointment of deputies by the Clerks of the Circuit Courts in the counties shall apjily to the Clerks of the Courts in Baltimore city. Clerk of Common Pleas to Issue Licenses — Duties of Clerk of Superior Court. Sec. 38. The Clerk of the Court of Common Pleas shall have au- thority to issue within said city, all marriage and other licenses re- quired by law, subject to such provisions as are now, or may be pre- scribed by law. The Clerk of the Superior Court of said city shall receive and record all deeds, conveyances, and other papers, which are, or may be required by law, to be recorded in said city. He shall also have custody of all papers connected with the proceedings on the law, or equity side of Baltimore County Court, and of the dockets thereof, so far as the same have relation to the City of Balti- more, and shall also discharge the duties of Clerk to the Supreme Bench of Baltimore City, unless otherwise provided by law. Another Court in Baltimore City — Re-apportionment of Jurisdiction — Glerk''s Bonds. Sec. 39. The General Assembly shall, whenever it may think the same proper and expedient, provide, by law, another court for the city of Baltimore, and prescribe its jurisdiction and powers: in which case there shall be elected by the voters of said city, qualified under this Constitution, another Judge of the Supreme Bench of Bal- timore City, who shall be subject to the same constitutional pro- visions, hold his office for the same term of years, receive the same compensation, and have the same powers, as are herein jDrovided for the Judges of said Supreme Bench of Baltimore City; and all of the provisions of this Constitution relating to the assignment of Judges to the Courts, now existing in said city, and for the dispatch of busi- ness therein, shall apply to the Court, for whose creation provision is made by this Section. And the General Assembly may re-apportion, change, or enlarge the jurisdiction of the several Courts in Balti- more City. Until otherwise provided by law, the Clerk of the Superior Court of Baltimore City, of the Court of Common Pleas, of the Circuit Court of Baltimore City, of the Baltimore City Court, and of the Criminal Court of Baltimore, shall each give bond in such penalty as is now jirescribed by law, to be given by the Clerks of the Courts, bearing the same names, under the present Constitution. The Court Officers — How Appointed. Sec. 9. The Judge, or Judges of any Court, may appoint such offi- cers for their respective Courts as may be found necessary; and such officers of the Courts in the city of Baltimore shall be appointed by the Judges of the Supreme Bench of Baltimore City. — Art. 4, Sec. 9. For the General Provisions of the Constitution and the General Laws, relating to "Orphans' Courts," see Article 4, Part 5, Section 40, page 147. For General Provisions of the Constitution and the General Laws, relating to "Registers of AVills," see Constitution and General Laws, Article 4, Part 5, Section 41, pages 154 and 155 to lUl. PROVISIONS OP THE LOCAL LAWS. 421 For General Provisions of the Constitution and General Laws, re- lating to "Justices of the Peace," see Article 4, Part 0, Section 42, of Constitution, pages 161 to 175. For General Provisions of the Constitution and General Laws, re- lating to "Sheriils," see Article 4, Part 7, of Constitution, Section 44, pages 182 to 195. For State's Attorneys, &c., see Constitution, Article 5, Sections 7 to 12, pages 197 to 203. PROVISIONS OP THE LOCAL LAWS, RELATING? TO THE COURTS AND COURT OFFICERS OF BALTIMORE CITY. The Public Local Laws of Baltimore city. Article 4, relating to Baltimore City Courts, are as follows : The Superior Court, Court of Common Pleas AND City Court. Terins of Court. Sec. 160. The stated terms of the Superior Court of Baltimore City, the Court of Common Pleas, and the Baltimore City Court, shall com- mence on the second Monday in January, the second Monday in May, and the second Monday in September, in each year. Return-Days. Sec. 161. In addition to the first day of each temi of the Superior Court of Baltimore city, the Court of Common Pleas and the Balti- more City Court, the second Monday in February, March, April, June, July, October, November and December, in each year, shall be return- days.— 1864, ch. 6. Writ may he made Returriable to next Return-Day, Sec. 162. Any person instituting an action in either of said courts, may, at his election, have his original writ made returnable to the next succeeding return-day, or, to the first day of the next succeeding term.— 1864, ch. 6. Writ may "be Renewed. Sec. 163. On the return of any original writ not executed in either of said courts, the same may be renewed, returnable to the next return- day thereafter, or to the next term of the said court from which said original writ was issued. — lUd. Same Proceedings when Returned at Retwn-Days as at Term. Sec. 164. After the execution of any original writ made returnable to a return-day in either of the said courts, the same proceedings may be had in the prosecution of the said writ as would be proper in case the said writ had been made returnable, and had been returned to a term of the court from which the same was issued. — Ibid. Judgment ly Default, when Given and when Struck Out. Sec. 165. If a defendant regularly returned summoned to appear at a stated term or a return-day of the court from which the original writ 4:23 PROVISIONS OF THE LOCAL LAWS. was issued, shall fail to appear on the day to which the said writ was returnable, judgment for his default may, on motion of the plaintiff made in writing, and tiled with the clerk of the court from which said original writ was issued, be entered by the said court or by the said clerk against the said defendant ; which said judgment shall be stricken out on his appearance being entered to the acticm at any time before the first return day thereafter; and if the said defendant shall fail to appear within the time above limited, the party plaintiff may sue out his writ of inquiry, or otherwise enter up final judgment, according to the course of the "court. — Ibid. Trial Term. Sec. 166. Every suit where the cause of action is a contract, whether in writing or not, or whether express or implied, shall stand for trial or judgment on the first day of the term, or at the return-day next succeeding the entry of the appearance of the defendant, whichever shall first happen, unless the time shall be extended by the court or cause shown. — Ibid. Plaintiff, How and When Entitled to Judgment. Sec. 167. In any action brought for any of the causes mentioned in the last preceding section, the plaintiff, if he make affidavit or athr- mation as hereinafter stated, shall be entitled to judgment on the first day of the term of the court in which said action is pending, or at the return-day next succeeding the appearance of the defendant, which- ever shall first happen or occur, although the defendant may have pleaded, unless such plea contains a good defence, and unless the delendant, or some one in his behalf, shall make oath or affirmation that the said plea is true, and that he verily believes that he will be able, at the trial of the cause, to produce sulficient evidence to sup- port the said plea. — Ibid. Plaiyitiff's Affidavit, &e. Sec. 168. The plaintiff shall not be entited to judgment under either of the three preceding sections, unless at the time of bringing his ac- tion, he shall file with his declaration, an affidavit or athrnration, if he is conscientiously scrupulous as to taking an oath, stating the true amount that the defendant is indebted to him, over and above all dis- counts, and shall also file the bond, bill of exchange, promissory note, or other writing or account, by which the defendant is so indebted ; and the said affidavit or affirmation, 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. — Ibid. Assessment of Damages by Court. Sec. 169. When any judgment by default shall be entered under the preceding sections, the court may assess the damages on proof thereof, without empaneling a jury to do so. — Ibid. Writs Returnable at Election of Plaintiff. Sec. 170. "Writs of execution issued out of the Superior Court of Baltimore, or the Court of Common Pleas, may be made returnable, at the election of the plaintiff', to the next succeeding return-day ol the Court from which said writ was issued, or to the next succeeding term of the said Court. — Ibid. PROVISIONS OF THE LOCAL LAWS. 423 WTien Execution may Issue on Judipmnts of Courts. Sec. 171. On all judgments rendured in theCdurt of Common Pleas, tlie City Court, and the Superior Court of Baltimore, and on all judg- ments by default, when extended aecording to law and the course of the court, execution may issue at any time after judgment rendered or extended as aforesaid, and Section 19, Article 29, of the PuIjHc C4ene- ral Laws, relating to writs of execution, shall not a])])Iy to the city of Baltimore, so tiir as the same relates to the stay on iuduments. — 1864, ch.49. J J = Judges to have Exclusive Jurisdiction to Tienr certain Motions^ &c. Sec. 172. The Judge, before whom any case may hereafter be tried, in either the Baltimore City Court, the Superior Court of Baltimore City, or in the Court of Common Pleas, shall have exclusive jurisdic- tion to liear and determine, and the said Judge shall hear and deter- mine, 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 U])on any matters of law, determined by the said Judge, and all such motions shall be heMr(l and determined within thirty days after they are made. — 1S70, ch. 173. Not to File a Paper Booh. Sec. 173. In no case hereafter, shall either the plaintiff or defendant be required to file a "Paper Book" of evidence or brief in either of the Courts in the City of Baltimore. — Ibid. THE CIRCUIT COURT. Terms of Court. The regular terms for the sitting of the Circuit Court of Baltimore City, shall be on the second Monday of May, S('|)tcinber, NovcniI)er and January; and the second Monday of Marc li and July, in each year, shall be a return-day. — 1870, ch. 32. When a Jury is Asked for. Sec. 174. 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 sheritf of Baltimore city, requiring him to summon twenty jurors to attend the court, when proceedings shall be had in such case as is usual in like cases in equity. Night Watchman-^IIis Duties and Salary. Sec. 174, Sub-Sec. 1. The Clerk of the Circuit Court of Baltimore city is hereby 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 the ollice of the Clerk of the Circuit Court of Bal- timore city, and who shall be removed, in the discretion of the said Clerk of the Circuit Court, for neglect or carelessness in the discharge of his duties, or for other good and sufficient cause. The Register of the city of Baltimore shall pay to the said Watchman the sum of uine hundred dollars jjer annum, as and for his salary, in the same manner as is now by law jjrovided for the payment of the salaries of the bailifls of the courts. — 1872, ch. 87. 434 PROVISIONS OF THE LOCAL LAWS. CRIMINAL COURT. Terms of Criminal Court. Sec. 175. The Criminal Court of Baltimore, shall hold three regular sessions, yearly, to commence on the second Monday of January, sec- ond Monday of May, and second Monday of September ; and such sessions shall continue until all the business before it shall be finished. Cases. Sec. 176. At such special sessions of said court, all cases may be tried and disposed of as at the regular terms thereof. Jurisdiction of Criminal Court. Sec. 177. The Criminal Court of Baltimore shall have jurisdiction in all cases of felony, and other crimes, ofl'euces and misdemeanors within the city of Baltimore. Commitments and Recognizances. Sec. 178. All commitments and recognizances for all felonies, crime, ofi'ences 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 nest preceding the day appointed for holding the said court. Witnesses to be Recognized. Sec. 179. The justices of the peace for Baltimore city, whenever they shall commit any person for want of bail, for trial, on chartres of assault and battery, for keeping a disorderly house, or for violation of Article fifty-six of Code of Public General Laws, entitled, Licenses, and for any other small offences for which no greater punishment than fine and imprisonment can be imj^osed, shall endorse on said commitments the names and places of residence of the witnesses, who shall have appeared before them on behalf of the prosecution, and shall recognize said witnesses to aj^pear before said court on the next Saturday thereafter. The Warden's Duty. Sec. 180. The Warden of Baltimore City Jail shall, on receiving said commitment, enter the names and places of residence of said witnesses on his docket, and shall, on demand, give a copy thereof to the accused, together with a copy of the commitment. Warden to Bring Prisoners Befoi'e Court — Trial. Sec. 181. The said Warden shall bring before the Criminal Court every person who may be committed to jail ibr want of bail Ibr any of the offences mentioned in above Section 17, on the Saturday next succeeding his or her commitment; and if the said person shall think proper to waive his or her right to a trial by jury, and have his or cause heard and determined in a summary way, the said court shall hear and determine the same, and the same shall be proceeded witli in the same manner, and to the same legal effect, as if submitted on presentment or indictment by the grand jury. Original Commitment. Sec. 182. The said Warden shall file with the clerk of said court the original commitment, or a copy thereof, on the day preceding the trial. PROVISIONS OF THE LOCAL LAWS. 425 One-Half tlie Legal Costs. Sec. Ift3. The clerk of said court shall tax only half the legal charges in such cases, established by law in cases of indictment found by agrand jury ; and all cases of presentment for violation of the provisions of Article lifty-six of the Code, may be tried upon said pre- sentment, and be chargeable with only half the legal costs chargeable in such cases, when tried upon indictment. When Capias to he Re-Issued and Return Made. Sec. 184. It shall be the duty of the sheriff to make return of all capias upon presentment or indictment Irom 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 discretion of the State's Attorney of Baltimore Cty, order said capias to be re-issued, and the same capias shall again be delivered 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. Clerics and Sheriffs'' Fees. Sec. 185. The clerk of the said court and the sheriff of the said city, shall be allowed only the fees for the issue of one capias, or lor the service of one capias in each term, however often the same may be issued or returned. Suhpcenas for Witnesses. Sec. 186. All subpoenas for witnesses from said court, shall be re- turned by the sheriff within six days after the same are issued by the clerk," or within six days after the day ot the renewal of such subpa?nas, unless the same are ordered to be returned immediately, in which case they shall be so returned if practicable. Fees of Sheriff. Sec 187. The said sheriff shall be allowed for the service of one subpcena 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. Renewal of Suhpmnas. Sec. 188. 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 sul:)i)a'na issued in the term of said court, during which said subpojna was first issued. Penalty on Sheriff. Sec 189. 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 times prescribed in this article. Saturday Court — No Jury. Sec 190. The judge of said court shall hold a court every Satur- day during the year, on which day no petit jury shall be in attend- ance unless such jury has been empanelled, and the case before it not concluded. 42G LOCAL lAWS OF BALTIMORE CITY COURTS. WJien Prosecutor to Pay Costs. Sec 191. In all cases of misdemeanor, which may be prosecuted in said court, at the instance of any person, if the party or parties so prosecuted shall be acquitted, all the legal costs and expenses attend- ing the prosecution shall be paid by the person at whose instance such jjrosecution was commenced, unless the court shall certify that there was probable cause for the jDrosecution. How Costs ai'e Recovered. Sec. 193. 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 section, as could be issued against the party prosecuted, if he, she or they had. been con- victed. Prosecutor'^s Name on Indictment far Misdemeanor. Sec 193. Whenever the grand jury shall find any presentment against any person for a misdemeanor, they shall endorse on the pre- sentment the name of the person at, whose instance such ijresentment is made, who shall be deemed and taken to be the person at whose instance such jjrosecution was commenced. Judge or Court to Accent Surrender In/ Bail. Sec 194. If any security in any recognizance shall request to de- liver up the principal, the said court, or the judge thereof, in the re- cess, may accept such surrender, and may require and take other recognizance, or commit the principal to jail until he gives such se- curity as the law requires. Children of Convicts. Sec. 195. 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 imtil the age of sixteen, and males until the age of tweuty-oue years. Fine on Witnesses. Sec 196. 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 lined by said court, in its discretion, not exceeding one hundred and fifty dollars. When Bail is Liable to Attachment for Contempt. Sec 197. In all criminal cases in the said court, in which bail shall be forfeited, the person or persons who shall have entered into such recognizance or recognizances for the appearance of any traverser or prisoner, shall be liable forthwith to an attachment for contempt for the non-ai)j)earance of the said i)arty, which attachment shall be issued by the court in which an iiulictment against said traverser or prisoner is pending, at the instance of the attorney prosecuting therein. To he Committed Till Payment — Proviso. Sec 198. In all cases in which bail as aforesaid is forfeited, the court mav, on the return of said attuclimciit, order the person or per- sons attaclied to stand conunitted until the amount of said rocouui- zance is fully paid and satisfied, or may order said persons to be dis- LOCAL LAVrs OP BALTIMORE CITY C0URT8. 427 charged upon the payment of such lesser sum as it shall, in its dis- cretion, deem proper; provided, such sum be not less tlitin the amount of tlie costs, which may have accrued in the case up to the time of passing such order. Fees to State's Attorney in Removed Cases. Sec. 199. 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, in addition to the sum now allowed by law, a compensa- tion not exceeding thirty dollars in any one case, to be paid by Bal- timore county to the Register of the city for the benefit of the State's Attorney. Assistant Counsel. Sec. 200. The Criminal Court of Baltimore may appoint assistant 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. Compensation to be Levied. Sec. 201. 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 rendeied by such assistant counsel; provided, the sum levied and paid in any single case shall not exceed one hundred dollars. ORPHANS' COURT. The Judrjes' Pay. Sec. 201. The Judges of the Orphans' Court of Baltimore City shall receive six dollars for every day's attendance upon the sessions of said court, to be paid by the city of Baltimore. — 1805, ch. 169. Pay of Bailiff. Sec. 202. The Bailiff of said Orphans' Court shall receive four dol- lars a day for each day's attendance upon said court. — 1868, ch. 20. Intestate Mariners Estates. Sec. 203. Whenever a mariner residing in or sailing to or from the port of Baltimore, shall depart this life intestate, and leaving no re- lations within the fifth degree, to be reckoned by counting down from the common ancestor to the more remote, the whole surplus es- tate of such mariner, after paying debts, funeral ex2)enses and costs of administration, shall devolve on and become the property of the Charitable Marine Society of Baltimore. REGISTER OF WILLS. Bond $30,000. Sec. 204. The Register of Wills for Baltimore city, upon his elec- tion or appointment, and at or before the expiration of every two years thereafter, shall give bond to the State of Maryland in the sum of thirty thousand dollars, conditioned for the faithful performance of all the duties now or which may hereafter be required of him by law, with securities, the sufficiency of which shall be certified by the 428 LOCAL LAWS OF BALTIMORE CITY COURTS. Judges of the Orphans' Court for said city, the same to be approved by the Comptroller, and when approved, to be filed in his oftice. Bond to he Approved hy the Judges. Sec. 205. When said bond is inspected by the judges of said court, and is deemed good and sufiicient, and is so certified, the same shall be forthwith entered among the proceedings of said court, and sent to the Comptroller for his ap])roval, and when said bond shall be ap- proved by the Comptroller, he shall iorthwith 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 pro- ceedings of the court. On Neglect to Bond to Vacate Office. Sec. 206. A refusal or neglect on the part of said Register to give bond, to be approved and recorded as atbresaid within the time pre- scribed, shall be deemed a disqualification within the meaning of the Constitution, and thereupon his place shall be filled according to the provisions of the twenty-fifth and forty-first sections of the fourth article of the Constitution, and subject to the term and service therein prescribed. CLERKS OF COURTS. Clerl of Superior Court— Bond $30,000. Sec. 207. The Clerk of the Superior Court of Baltimore City, shall give bond to the State of Maryland, in the sum of thirty thousand dollars, conditioned for the faithful performance of all the duties now required of him by law, or which may hereafter be required of him by law, with suflicient securities ; the suihciency of which securities shall be certified to by the judge of said Court, and approved by the Comptroller as herein directed. — 1854, ch. 409 ; 1856, ch. 286. Approval of Bond. Sec 208. When the suificiency of the securities in said bond is cer- tified to by the judge, the bond shall be immediately recorded among the proceedings of said Court, and then sent to the Comptroller for his approval ; and if the Comptroller shall approve said bond and se- curities, he shall certify the same to the judge of said court, and such certificate shall be recorded in said court. — 1856, ch. 286. Renewal of Bond. Sec. 209. The said clerk shall, every second year, renew his said bond in the same penalty, and with securities to be certified and ap- proved as hereinbefore directed. — Hid. Failure to Oive Bond — No Deputy to he Surety. Sec. 210. If the Clerk of said Court shall fail to give bond as herein 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. No deputy or assistant of such clerk shall become a surety on his official bond. — lUd. LOCAL LAWS OF BALTIMORE CITY COURTS. 429 Clerh of Superior Court to Irep Index of Judijvients and Decrees. Sec. 211. The Clerk of the Superior Court of I];iltimore City, is hereby authorized and required to prepare an index of all judtrnients and decrees which have been rendered in the Su])erior Court aforesaid since its organization, the expense of wliich index to be paid by him out ol the receipts of his office, as other ofKce expenses are now paid, and he is further authorized and required on each day after the ad- journment of the court, to enter in a book to be provided for that puri)ose, an index of each judgment and decree rendered in the said court, and to charge ami 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 col- lected.— 18(54, ch. 385. Cleric of Covrt of Common Pleas — Bond $50,000. Sec. 212. The Clerk of the Court of Common Pleas, shall give bond to the State of Maryland, in the sum of lifty thousand dollars, con- ditioned for the faithful performance of the duties now required, or which may hereafter be required of him by law, with sufficient securi- ties — the sufficiency of which securities shall be certified by the judge of said court, and approved by the Comptroller as herein directed. — 1856, ch. 286. Sections Applicahle to Clerh of Court of Common Pleas. Sec 213. The provisions contained in the Sections above, from Section 47 to Section 51, both inclusive, relating to the bonds to be given by the Clerk of the Superior Court of Baltiinore City, and the penalties and forfeitures for not giving the same, shall be applicable to the bonds to be given by the Clerk of the Court of Common Pleas, in the same manner as if they were herein repeated. Clerh of Criminal Court — Bond $14,000. Sec. 214. The Clerk of the Criminal Court of Baltimore shall give bond to the State of Maryland in the penalty of Iburteen thousand dollars, with sufficient securities to be approved by the judge of said court, and conditioned for the faithful performance of all the duties now required, or which may hereafter be required of him by law, and to be recorded in the office of said clerk. Beneical of Bond. Sec. 215. The said clerk shall renew said bond at the same time, and luider the same penalty, as are prescribed lor the clerks of the Circuit Courts. CUrh of Circuit Court— Bond $20,000. Sec 216. There shall be a Clerk of the Circuit Court for Baltimore City, who shall, in his election, tenure of office, liabilities, powers, duties and compensation, in all respects, stand on the same footing with the Clerk of the Superior Court of Baltimore City; provided, that his powers, duties and compensation shall be limited to cases in which the Circuit Court has jurisdiction : and he shall enter into bond to the State in the penalty of twenty thousand dollars, condi- tioned for the faithful discharge of his duties, with security to be approved by the judge of said court. 430 LOCAL LAWS OF BALTIMORE CITY COtTRTS. Salaries of Clerics — Duties of Comptroller. Sec. 217. Whenever the fees or other compensation of any of the clerks of the courts of Baltimore city shall, after the payment of all necessary expenses, fill to pay such officer the salary provided for by the Constitution, and said clerks, or any of them, shall, under Section 1, Article 15, of the Constitution, have paid to the State any sum or sums of money as excess, after retaining his salary, such excess is hereby appropriated to the payment of the salary or salaries so in arrear until each of said clerks shall have received the full amount thereof; and it shall be the duty of the Comptroller 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 amount so in arrear, and not to exceed the whole amount of said excess paid into the Treasury of the State.— 18G8, ch. 54. COT^RT OFFICES. Pay of Criers and Bailiffs. Sec. 218. The Clerks of the Circuit Court, 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 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. Their Salaries $1500 Per Yea/r. Sec. 219. The Register of the city of Baltimore shall pay to the crier of the Superior Court of Baltimore City, and the crier of the Court of Common Pleas for Baltimore City, the sum of fifteen hun- dred 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 certificate of the clerks of said courts, that said criers have performed their several duties as criers of said courts for the time so certified by said clerks. SaUrij of Bailiffs $1500. Sec 220. The Register of the city of Baltimore shall pay to the l.ailifl' respectively 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, and of the Criminal C^ourt of Baltimore City, the sum of fifteen hundred dollars per an- num, as and for their respective salaries, at the same time and in the same manner as is now by law provided for the payment of the sal- aries of the crier of the Superior Court, and the crier of the Court of Common Pleas of Baltimore City. Stenograpliers. [The Act of 1867, ch. 373, provides for the employment of Stenog- raphers in the Superior Court, Court of Common Pleas and Orphans' Court, and fixes their compensation.] LOCAL LAWS OP BALTIMORE CITY COURTS. 431 SHERIFF. Sheriff'' s Pay when Attending Court. Sec. 222. The Slieriil" of Bultiniore city shall be allowed two dollars a day for every day he shall attend, either in person or by deputy, in the Superior Court of Baltimore City, in the Court of Common Pleas, and in the Baltimore City Court, and in the Criminal Court of Balti- more, to be paid to him as the other exi^enses in said courts are now paid.— 1864, ch. 236. Execution for Fees. Sec. 228. Any ofiicer may send out his fees on execution at any time during the year. What Officers' Fees Sheriff to Collect. Sec. 224. The Sheriff shall collect the fees due to the following offi- cers, which may be placed in his hands for collection, namely : at- torneys, clerks of all the courts, commissioner of the land office, coro- ners, criers, registers of wills, surveyors and sheriffs. When Sheriff may Distrain^ <&c., for Fees — Proviso. Sec. 225. The Sheriff may distrain or execute the goods and chat- tels of any person against whom any fees are placed in his hands for collection ; provided, he has sixty days previously delivered to such person, or left at his place of abode an account of such fees. WITNESSES. Pay of Witnesses Fifty Cents per Day. Sec. 226. Witnesses attending any of the Courts of Baltimore city,, shall be entitled to tifty cents a day. Number of Justices of the Peace and Constables. Sec. 227. The Governor of the State, by and with the advice and consent of the Senate, shall, at the time designated by law, appoint two Justices of the Peace for each of the several wards of Baltimore city, and in addition thereto, four Justices of the Peace for the city of Baltimore at large, and the Mayor and City Council of Baltimore are hereby authorized and empowered to appoint two Constables for each of the several wards of Baltimore city, and in addition thereto, four Constables at large for the said city, who shall hold their offices for two years fi-om the date of their ai)pointment, and until their succes- sors in office are duly appointed and qualified, and the said Mayor and City Council of Baltimore be, and they are hereby, authorized to make the appointment directed by this Act on the fourth Monday in March, eighteen hundred and seventy, and on the said fourth Monday in March of every second year thereafter. — 1870, ch. 45. To Keep his Pla,ce of Business in his Ward. Sec. 228. Every Justice of the Peace for said city shall keep his office or place for the transaction of business within the ward in which he may have been elected. Offce Hours. Sec. 229. The Justices of the Peace for said city, shall keep their places of official business open each and every day, (Sunday excepted,) Irom the hour of eight o'clock in the forenoon until one o'clock in the 28 432 LOCAL LAWS OP BALTIMORE CITY COUllTS. afternoon, and from three o'clock in the afternoon until six o'clock in tlie afternoon ; but nothing herein contained shall be construed to ex- empt them from the duty of attending at all times to the criminal business of the State. Not to Issue Writ hit on Application of Plainfiff or Attorney. Sec. 230. No Justice of the Peace, in any case of debt or damages whatever, shall issue a summons or execution, except on application for the same by the plaintiff or his attorney^in person, or by writing, accompanied with the cause or causes of action in said case; and if any Justice of the Peace for said city shall issue a summons or execu- tion contrary hereto, or if any constable shall serve the same know- ingly, such Justice or constable shall be liable to indictment in the Criminal Court of Baltimore, and shall, on conviction, be disqualified from hofding his office. Before whom Summons may he made Returnable and Case Tried. Sec. 232. Every summons issued by said Justices shall be made re- turnable before the same, or any Justice of the Peace of the ward in which the debtor may reside, and the defendant shall have his elec- tion to have his cause tried before the Justice who issued the sum- mons, or before the Justice of the ward in which he resides. — 1868, ch. 375. May Receive Pay when Called from Office. Sec. 233. The Justices of said city, when called out of their offices on business not judicial and not relating to criminal procedure, may receive such compensation for their services, in addition to their fees of office, as the party requiring their services may allow them. To File List of Fines Imposed with Cleric of Court of Common Pleas. Sec 234. They shall file with the Clerk of the Court of Common Pleas, within thirty days after the first Monday of Septeml^er and on the first day of April in each year, under their respective oaths, a list and account of all fines, forfeitures and penalties imposed by them severally under the laws of this State within the twelve months then next preceding, distinctly showing what amount of said tines have been paid in each case ; and shall at the time of filing such lists and accounts, severally pay over to the said clerk all such fines, penalties and forfeitures, or parts thereof, to which the State ol Maryland is en- titled ; and the said clerk shall account ibr the same as for other pub- lic money received by him. If No Fines, to File Affidavit of Fact. Sec 235. If any Justice shall not have imposed or received any such fines, penalties or forfeitures within such twelve months, he shall, at the times directed by the preceding section, file with said clerk an affidavit to that effect. Penalty for Neglecting Return. Sec. 236. If any Justice of the Peace for said city shall neglect or refuse to comply with the directions and provisions of the last two preceding sections, or shall file with said clerk any talse or incomplete list and account or affidavit of and concerning such fines, forfeitures and penalties, he shall be liable to indictment, and on conviction shall be subject to a fine not exceeding five hundred dollars. COURT IIOCSE OFFICERS. 433 Dtdy as to Informations for Violating Ordinances. Sec. 237. They shall, under the penalty of one hundred dollars, make report quarterly, on the first day of January. April, July and October in each year, to the Ro<,nster of the city, of the number of in- formations laid before then\ for the violations of the city ordinances, the names of informers, persons informed against, the number of judg- ments rendered in favor of the corporation, for vt'hat amounts, and whether such' judgments have been appealed from, superseded or satisfied. Supersedeas. Sec. 238. It shall not be lawful for the Justices of the Peace of the city of Baltimore to take supersfdeas of any judgment recovered in the Court of Common Pleas, the Superior Court of Baltimore City, or Baltimore City Court, but such supersedeas shall be taken by the clerks of said courts respectively. THE COURT HOUSE OFFICERS. The following officers are appointed under the City Ordinances: Sitperintendent and Watchman Appointed. Sec. 1. There shall be annually appointed as other city officers are appointed, a Superintendent and one al)le-bodied Watchman, to take charge of the court-house and record office, and surrounding grounds. Duty of Superintendent. Sec. 2. The said Superintendent shall be a man of temperate habits, strict integrity, and general good character, and also capable of kee})- ing accounts, and he shall have entire charge of said property, secur- ing the same from depredation, causing it to be kept in good repair, and cleanly condition, and furnishing the necessary fuel and attend- ing to the heating and lighting of the several departments included within said buildings and grounds, except the room occupied 1)y the Orj)hans' Court for Baltimore city, which room shall be under the exclusive supervision and control of the Register of Wills for Balti- more city, as hereinafter provided. And the said Superintendent shall annually, during tlic tirst week in January, make to the city Register an estimate in fietail of the expenses to be incurred for the current year for the said kec2)ing, including therein the cost of fuel, of repairs, of necessary Hxtures, of furniture, of laborei's, and of all other ijroper incidental requisitions, taking into consideration only those expenses riglitly chargeable to the city treasury as distinct from those to be provided for by the departments themselves ; and in no case shall said Superintendent incur other expenses than those so estimated for and appropriated by the Mayor and City Council, and the said Register in no case shall exceed such appropriations, always excepting that upon an emergency occurring not to be foreseen in said annual estimate, the Mayor, jpe7-vis0}' of Boads — is appointed by the County Com- missioners for each road district, whose j^er diem, &c., is determined by them — 1870, ch. 187. Justices of tlie Peace and Constables — are ap- pointed under 1872, ch. 8. PRINCE GEORGE'S COUNTY. The County Commissioners — are five in number. Their Clerh is paid $300 per year, and gives bond in $1000. The Criei- — is paid $80 per year, in lieu of all fees. The County Treasurer — is a])])ointed by the Act of 1872, ch. 294, for three years, ending in April, 1875, after which he is to be appointed by the County Commissioners on the second Tuesday in April, for five years. He is the collector of State and county taxes, and gives bond in $50,000. 21w Clerk to the County Commissioners — is paid $400 additional for performing the duties re- quired of him by this Act. The Sheriff — is i);iid forty cents per day for boarding prisoners; $2.00 per day for attending the Orphans' Court, and fifty cents for delivering certificates of appointment of Trustees of the Poor, and not over $25 for taking each convict to the penitentiary — 1872, ch. 280. TJie Election Districts — are eleven in number, 1868, ch. 262 and 1873, ch. 367. Judges and Clerics of EUc- tion — are paid $3.00 per day. Justices of the Pea^x — have juris'diction in cases of afesault and battery — 1870, ch. 434. The number of Jus- tices of the Peace and Constables is prescribed by Art. 16, sec. 69, P. L. L., 1868, ch. 262 and 1872, ch. 367. The State's Attorney— receives $15 in each case in which he appears for the State, in addition to the legal appearance fee — 1872, ch. 436. Supervisors of Poods— are ap- pointed by the Circuit Court of the county for one year, and are paid $2.50 for each day employed. The Trustees of the Poor — seven in number, are apjiointed by the County Commissioners, who designate two of their number as an E.xecutive Committee, who are paid $2.00 for every day employed. They appoint an Overseer, whose salary is $225 per year, and his bond $500. 466 LOCAL LAWS RELATrNG TO COUNT\ OFFICERS- QUEEN ANNE'S COUNTY. TTie County Commissioners — are three in number. Their Clerh is paid not over $400, and gives bond in $1000; and is allowed the usual fee of a justice of the peace for administering an oatli, itc, to claims against the county. — 18G6, ch. 136. A Keeper of Vt'eights and Mea- sures — is appointed by the Commissioners, who alldwhim a just com- pensation for his services, and in addition thereto, the Clerk to the Commissioners, in his absence, shall charge the owner ten cents for each weight and measure, and fifteen cents ibr each scale, &c., marked or stamped. The Crier — is paid .$2.00 per day, and the Crier of the Orphans" Court. $1.50 per day. The Sherijf-~h paid eight per cent, for collecting officers' fees. The Election Districts — are live in number. The Trustees of the Poor — are a corporate body. They appoint an Overseer, whose salary is not over $200, and his bond $-500. Roads — No person shall erect a gate on any public road in the county, and all existing gates removed by April 1st, 1871. Justices of the Pence — have civil jurisdiction in cases of assault and battery by 1870, ch. 434. The number of Justices and Constables is prescribed by 1868, ch. 10. ST. MARY'S COUNTY. The County Commissioners — are live in number. The Trustees of the Almshouse— &Te paid $2.00 per day. and mileage by 1867. ch. 260. Tliey appoint an Overseer, who gives bond in $500. The Collector of Taxes — is paid ten per cent, on amount of collecting, not to exceed $800. The Sheriff— is paid sixty cents for boarding prisoners by 1868, ch. 309 ; and eight per cent, for collecting officers' fees. The Election Districts — are six in number. Justices of the Peace and Constahles—have their number prescribed by Sec. 37, P. L. L. and 1867, ch. 208. SOMERSET COUNTY. The County Commissioners — are three in number, by 1868, ch. 77. Their pay is $2.50 per day and mileage. Their Clerk is paid $300 per year and gives bond in $2000. He is paid 25 cents for certiiicate to Trustees of the Poor. The Shei-ijf—is paid forty cents per day for boarding prisoners, by 1865, ch. 198. The Election Districts — are nine in number, by 1868, ch. 82. Justices of the Peace and ConstahJes — have their number establislied by 1872, ch. 57. Three Trustees of the Poor — are ap])ointcd, who are paid $2.00 per day. They appoint an Overseer, at a salary not over $200, who gives bond in $500. A ISotary Piihlic — is appointed by the Governor, in Princess Anne, by 1870, ch. 76. The State's Attorney — is to present a statement of his work to the .Judge or Judges of the Court, who are to fix the compensation, but not to bind the County Commissioners. TALBOT COUNTY. The County Commissioners — are three in number. Their salary is $2.50 per day, and mileage. Their Clerh has a salary of $250, and gives bond in $1000. The Trustees of the Poor — are five in number; they are to be appointed by the County Commissioners in 1868, and LOCAL LAWS RKLATING TO COUNTY OFFICKliS. 4G7 every second year thereafter, by ISfiS, cli. 99. Tliey iiiny a])point an Overneer, and allow liini sucli (•(unix.'iisation as tliey may lliii.k jji'opcr. He siiall irive bond in $o()0. The Ilarhm- Master oi Si. Mi('liaels— is ap])<))nted by the Comniissioners of said town, by bSOS, ch. 2()0. The Crier — is paid fo.OO ])er day, wlien employed, by 1873, ch. 421. JuHtices of the Peace — have civil jurisdiction in cases of assault and battery, by 1872, ch. 434. The number of Justices and Constables is fixed by sec. 93 of the Local Code, and 1867, ch. 13. WASHINGTON" COUNTY. The County Commisftioners — are tive in number. Tlieir C7<'7-X- has a salary not to exceed ^500; his bond is $1000, by 1«70, ch. 222. They annually appoint a County Treasurer, who gives bond in double the amount of taxes to be received by him ; his salary is not to exceed $1500 per year. Tlie Crier— i?. paid |2.50 per day, by 1870, ch 180. The Shen'jr—is paid twenty cents per day for boarding each ])risoner. The Election Districts— are sixteen in number — 1872. ch. 44. The Judges and Clerks of Election— are paid $3.00 per day. The Trustees of the Poor — are three in number, and are appointed in Marcli. Tlieir ])ay is $30 per year. The Overseer's salary is not to exceed $300 ; his bond is $500. WICOMICO COUNTY. Wicomico County was formed out of parts of AVorcester and Somer- set Counties, under the provisions of the 13th Article of the Consti- tution, and went into existence on the 18th of September, 1867. Its County seat is Salisbury. See Const., Art. XIII, Sec. 2d, pages 265-'7. The Courdy Commissioners- — are five in number. Tlieir ClerFs salary is $400, and requires bond in $1000, l)y 1872, ch. 3LI7. The Election Districts— ure ten in number, by 1867, ch. 63 and 1868, ch. 24. Jus- tices of the Peace and Constables — are fixed by 1868, chs. 12 and 257. I'he State's Attorney — may liave trial fees allowed him by any one of the Judges of the Court, who approves his accounts tliereior. V/it- nesses — are allowed seventy-five cents per day, and four cents mile- age— 1870, ch. 197. Trustees of the Pom-—&re three in number. Theij- Clerk is paid at the discretion of the County Commissioners. The Overseer — gives bond in $500. His compensation and that of the Phy- sician is fixed by the Trustees — 1870, ch. 87. WORCESTER COUNTY. The County Commissioners— slyq five in number. Their Cleric has a salary of $350. Election Dititr ids — are eight, in number. Judges and Clerks of Election — are paid $3.00 per day, and the return judtres, 6^ cents mileage — 1868, ch. 80. The S}icrifl'—\% pa^d 40 cents per day for boarding each prisoner — 1870, ch. 163. Wrechmaster — see ]iages 234-'6. Trustees of the Poor — are three in number. They appoint a Phvsician and Overseer. The Overseer gives bonfl in $500. 21ie State's At- torney's Fees—?ir(i regulated by 1870, ch. 350. Justices of the Peace and Constables — their number is fixed l)y 186S, ch. 69. One additional Jus- tice in Districts Nos. 2 and 8 is appointed by 1S70, ch. 55. The Jus- tices have jurisdiction in cases of assault and battery, by 1870, ch. 434. 468 JUSTICES OP THE PEACE AND CONSTABLES. 02 Hi m Q « <{ ^ o w O o 0) n ■ O i-. m <;, - lO S o " o cf. " a . s* -^ '. i. a X C-. • CO *j _^ not-3<..' , ', m;7»i — ^ '. =iiPaa -CJrO =-:»q,« & f-i its'© •"I ^ Zi .a ■ ^ iij w « " , r: § i- • •s ■a . \o -^' ^ -^^ ■=■ o -"•Si ,i~'i-.J o; ^-^ si ••?* ..QC -«-=' aiB ,.'l->iN— 1!4-. 4>-5< I -^ -CO I , U C/i -§ -MHO-; o j3 . •;•;; 3 .-i-i !f5.^^^4OT73 "" ^ '- » ■<- '^ •-: >- " I THE PUBLIC OFF ICERS OF MAIIYLA:XD. IN ALL DEPARTMENTS. Tlie piihlic officers of the Siate. including the Elective and Ajypointed Officerii. in all the Departments of the State Qoternrneni^ and in the Coun- ties and the City of Baltimore, are as follows : EXECUTIVE DEPARTMENT. '[See pages 33 to 51.] Goternor. His Excellency, James Black Groome. of Cecil County. Elected, February 4th, by the General Assembly, for the unexpired term, (ending January 13th, 1876.) His Excellency, Wm. Pixknet Whyte, who resigned February 4th, to take eflVct ^larch 4th. 1S74, and was elected, January 21st, United States Senator lor six years trom March 4th, 1875. Secretary of State. R. C. HoLLiDAY, of Talbot County. Appointed April 4th, 1873, in place of J. Thomson Mason, deceased. Executive Messenger. — Samuel "W. Brooks, of Annapolis. MILITARY APPOINTMENTS. [See page 255.] The following Officers on the Governor's Staff were appointed by Governor Groome, in 1874: Adjutant General. — Major General Frank A. Bond. Inspector General. — Brigadier General Andrew G. Chapman. Judfje Advocate General. — Brigadier General Ferdinand C. Latrobe. Quartermaster General. — Brigadier General Andrew G. Pennington. Commissary General. — Brigadier General Gilmor Meredith. Paj/master General. — Brigadier General George S. Brown. Chief Engineer. — Brigadier General Edmund L. F. Hardcastle. Syrgeon General. — Brigadier General William H. Grimes. Chief of Ordnance. — Brigadier General Thomas W. Campbell. Chief of Artillery. — Brigadier General James Howard. Chief of Cavalry. — Brigadier General John F. Lee. LEGISLATIVE DEPARTMENT. THE GENEBAL ASSEMBLY OF MARYLAND. [See pages 53 to 84,] Elected November 4th, 1873, for two years. SENATE. , Allegany County. — Thomas McCulJough. Anne Arundel County. — W. H. Tuck. Baltimore County. — T. Sturgis Davis. Baltimo7'e City, First District. — John R. Blake. Baltimoi'e City, Second District.— F. P. Stevens. Baltimore City, Third District. — Isaac M. Denson. Calvert County. — Henry Williams. Caroline County. — Daniel Fields. Carroll County. — John K. Longwell. Cecil County. — Wm. M. Knight. Charles County. — * George D. Mudd. Dorchester County. — Francis P. Phelps. Oari'ett County. — William P. Getty. Frederick County. — * Dr. Lewis H. Steiner. Harford County. — John Carroll Walsh. Howard County. — John Lee Carroll. Kent County. — George W. Spencer. Montgomery County. — Dr. Nicholas Brewer. Prince Oeorge^ County. — * S. Taylor Suit. Queen Anne''s County. — James T. Earle. 8t. Mary^ County. — Chapman Billingsley. Somerset County. — Robert F. Brattan. Talhot County.— Edwdvd Lloyd. Washington County. — Z. S. Claggett. Wicomico County. — A. J. Crawfijixl. Worcester County. — Wm. J. Aydelott. The Senators from Allegany, Caroline, Cecil, Charles, Dorchester, Garrett. Ilarl'ord. Montgomery, Prince George's, St. Mary's, Talbot and Worcester counties, and the Second Legislative District from Balti- more city, were elected in ISTSl, i()r four years. The other Senators liold over two years. Those names marked with a star arc Repub- licans. The Senator from Somerset was elected for two years, to fill the un- expired term of George R. Dennis, elected to the United States Senate. LEGISLATIVE DEPARTMENT. 471 HOUSE OF DELEGATES. Allegany County.— *C. B. Wack, *John Weir, *Wm. Bruce, Jr., and *James Park. Anne Arundel County.— Dr. E. J. Hcnkle, George W. Nutwell and James S. Kol)inson. Baltimore City, First District.— Thomas McCosker, Tlios. H. Ham- ilton, John II. Cooper, Cliarles H. Hamilton, John J. McWilliams, J. Nelson Foster. Seccmd District.— John Stayhir. Jr., William E. Stewart, Charles J. McAleese, John Gill, Jr., Henry B. Hart, Henry E. Loane. Third District— Aquilla H. Greenfield, James McColgan, Bernard L. Harig, Eugene T. Joyce, Jacob Groh, Jolin J. Fenton. Baltimore County.— Uohert Fowler, John Merryman, Chas. A. Bu- chanan. D. M. Mathews, Lewis Turner. Jr.. AVm. 8. Keech. Caroline County.— J. F. Dawson, *Jolin H. Williams. Ca.lvert County.— *Dr. John Turner, *Dr. Samuel K. Bird. Carroll County.— Br. S. R. Waters, Henry Vanderford, Thomas C. Brown and Henry Gait. Cecil County.— James B. Groome, James Turner, James A. Mackey. Charles County.— *D. W. Hawkins, *F. M. Lancaster. Dorchester Coimty.— James J. M. Gordy, Oliver P. Johnson, Eugene Hodson. Frederick County.— *Joh B. Miller, *Andrew Annan, *John A. Koons, *Lewis Lamar and *John L. Nicodcmus. Oarrett County.— *E. H. Glotfelty, R. J. West. Harford County .—Oi\\o S. Lee, Nathan Grafton, Dr. David Riley. Hoicard County. — Littleton Maclin and Claudius Stewart. Kent County. — Jesse K. Hines, Samuel A. Merritt. Montgomery County.— John T. Fletchall, Greenbury M. Watkins, Oliver H. P. Clark. Prince George's County.— '^A.. Van Robey, *Latimer A. Etchison, *Wm. A. Latchford. Queen Anne's County.— J. West Thomjison, Jr., Tlx^s. H. Kemp, Sr. Somerset County.— *E. F. Duer, *\Vm. Coulbourn, John S. Sadler. St. Mary's County.— R. Johnson Colton, Thomas H. Bond. Talhot County.— *Wm. H. Valliant, Joseph B. Seth, i. d. Washin/jton County.— George Freauer, W. H. Grimes, Alonzo Berry, A. K. Stake. Wicomico County.— Vim. J. Leonard, i. d., James L. Bedsworth. Worcester County.— Alfred J. Merrill, i. d., Wm. C. Pruit, i. d. ♦Those marked with a star are Republicans. VACANCIES — Cecil Couxtt— James B. Groome having resigned, Fehrnary 4, James A. Davis was elected February JiSth, and qualified February 25lli, to fill the vacancy. Baltoiore CdrxTT.— Rob-rt Fowler, haviiicr deceased March 3. Andrew Banks was elected March 18th, and qualified March ■,'od, to fill the vacancy. Washington County.— George Freaner resigned March 6. ERRATA.— The name of the Senator from Allegany conuty, is Thomas G. Mc- Cullou::h; from Carrelt county, ^yilliam B. Getty. In the House, the name of the member from Ailegany, should be Wm. Brace, jr: from Baltimore city, Charles B. Hamilton: from Fitderick, Job M. Miller: from Worcester, Alfred Z). Merrill. For names of Legislative Oflicers, see Appendix. 472 JUDICIARY DEPARTMENT. THE JUDICIARY DEPARTMENT. [See pages 85 to 147.] COURT OF APPEALS. Chief Judge: Hon. James Lawrence Bartol. Associate Judges-' Hon. Jas. Augustus Stewart, Hon. J. Mitchell Robinson, Hon. Ricli'd Grason, Hon. Richard Heniy Alvey, Hon. Oliver Miller, Hon. *Richard Johns Bowie, Hon. George Brent. Chief Cleric. — James S. Franklin, re-elected November, 1873, for six years. Terms of Court: First Monday in April and October. Attorney General: Hon. Andrew K. Syester, elected for four years from Nov. 1871. [See page 195.] State Reporter: J. Shaaff Stockett. [See page 91.] THE CIRCUIT COURTS, 1874. First Judicial Circuit. [ Worcester, Somerset, Dorchester and Wicomico Counties.} Hon. James A. Stewart, Chief Judge. Hon. J. R. Franklin and Hon. Levin T. H. Irving, Associate Judges. Terms of Court. Worcester County. — Snow Hill. — Third Monday in January, May and July, and Fourth Monday in October. Somerset Cov^ty.— Princess Anne. — Second Monday in .January, April. July and October. Dorchester County. — Camhridge. — Fourth Monday in January, July and April, and Second Monday in November. Wicomico County. — Salisbury. — First Monday of January and July, and Fourth Monday of March and September. Juries sum- moned to March and September terms and to other terms when a majority of the Judges shall direct. Second Judicial Circuit. \CaToline, TnJbot, Queen Anne's, Kent and Cecil Counties.'] Hon. John M. Robinson, Chief Judge. Hon. Joseph A. Wickes and Hon. Fred'k Stump, Associate Judges. Terms of Courts Caroline County. — Denton. — Second Monday in January, March and July, and First Mondny in October. Talbot County. — Easton. — Third Monday in May and November. Queen Anne's County. — Centreville. — First Monday in May and November. Kent County. — Chestertoion. — Third Monday in April and October. Ckcil Co-vstY.—KUton. — Second Monday in January, First Mon- day in April, and Third Monday in September. * Elected November, 1871. judiciary department. 473 Third Judicial Circuit. [Baltimore and Harford Counties.'] Hon. Richard Grason, Chief .Judge. Hon. George Yellott aud *Hon. Jas. D. Watters, Associate Judges. Terms of Court. Baltimore County. — Toxrsontown. — First ^Monday in March, Third Monday in May, Second Monday in September, and' First Monday in December. Harford County. — Bel Air. — Second Monday in February, Second Monday in May, and Second Monday in November. Fourth Judicial Circuit. [Allegany, Washington and Garrett Counties.'] Hon. Richard H. Alvey, Chief Judge. Hon. AVilliam Motter and *Ilon. Geo. A. Pearre, Associate Judges. Terms of Court. Allegany. — Cuniberland. — 1st Monday in Jan. and 2d Monday in Apl. and Oct. with Juries. Six Chancery Terms; 1st Monday in .Jan., 3d. Monday in Feb. and 2d Monday in Apl., June, Aug., and Oct. Washington. — Hagei-stoitn. — 2d Mon. inFel). and May and 3d Mon. in Nov.; six equity terms — 1st Mon. in April. 2d Mon. in May, 4th Mon. in July, 3d Mon. in Sept. and Nov., and 2d Mon. in Feb. Garrett. — Oakland. — 3d Monday in Mar. and 2d Monday in Sept. with Juries; six equity terms — 3d Monday in Jan., Mar., May, July, and 2d Monday in Sept. and Nov. Fifth Judicial Circuit. [Anne Arundel. Carroll and Howard Counties.'] Hon. Oliver Miller, Chief Judge. Hon. Edw. Hammond and Hon. W. M. Hayden, Associate Judges. Terms of Court. Anne Arundel Cov^t^.— Annapolis.— T'h.udi Monday in April and Third Mondav in October. Carroll County.— TVes^mms^er.— Second Monday in May and Noveml er. Howard Qovst:y. —Elliwtt Ciiy.— Third Monday in March and First Monday in September. Sixth Judicial Circuit. [Frederick and Montgomery Counties.'] *Hon. Richard J. Bowie, Chief Judge. Hon. W. Veirs Bouic and lion. John A. Lynch, Associate Judges. Terms of Court. Frederick County. — Frederick. — Third Monday in February and SejUfmbcr, and Second Monday in May and December. MoNVGOMERY CovsTW—IiockvUle. — First Monday in February and Second Monday in August. ♦Elected November, 1871. 474 judiciary department. Seventh Judicial Circuit. [Prince George's, C harks, Calvert and St. Mary's C&ixnties.] Hon. George Brent, Chief Judge. Hon. Robert Ford and Hon. Daniel R. Magruder, Associate Judges. Terms of Court. Prince George County. — Upper Marlhorough. — First Monday in April and October, and Third Monday in January and June. Charles County.— PorJ Tobacco. — Third Monday in February, May, July and November. Calvert County. — Prince Fredericlc. — First Monday in May, July and February, and on Wednesday next after Fii-st Monday in No- vember. St. Mary's County. — Leonardtoton. — Third Monday in March and September, and First Monday in June and December. Eighth Judicial Circuit. {City of Baltimore.'] The Stipreme Bench. — *Hon. Geo. Wm. Brown, Chief Judge; Hon. George W. Dobbin, Hon. Henry F. Garey, Hon. Campbell W. Pink- ney and Hon. Robert Gilmor, Jr., Associate Judges. The Judges of the Supreme Bench of Baltimore City are assigned to the following Courts : Svperior Court. — Judge Dobbin with Judge Garey to assist. Court of Common Pleas. — Judge Garey with Judge Dolfbin to assist. Criminol Court. — .Judge Gilmor with Judge Dobbin to assist. Circuit Court. — .Judge Pinkney with Judge to assist. Baltimore City Court. — Judge Brown with Judge to assist. Terms of Court. City op Baltimore. — The Superior Court, Court of Common Pleas, Criminal and City Courts commence their terms on tlie Second Mon- day in January, May and October. The terms of the Circuit Court are Second Monday in May, September, November and January; and the Second ^londay of March and July shall be return days. The Orphans' Court is in session every day, except Sundays, from 11 o'clock, A. M., to 1 o'clock, P. M. For Clerks of Courts see ])ages 118 to 131 For Orphans' Courts '• " 147 to 155 For Registers of Wills " " ir>4 to 161 For J ustices of the Peace " '' IGl to 176 For Constables " " 17(i to 182 For SlKTills " " 182 to 195 For Attorney General " " V.)T) to 197 For State's Attorneys " " 197 to 203 Tlie names of the above officers are in the lists of county officers. ♦Elected October, 1873, in place of Chief Judge Scott, deceased. EXECUTIVE GENEKAL APl'OIKTMENTS. 475 THE TREASURY DEPARTMENT. [See pages 203 to 219.] STATE COMPTROLLER. Hon. Levin Woolforr], of Somerset county, elected November 4, 1873. for two Years, from .January 17, 1874. Chief Clerk.— Thom&a G. Woolford. Assistant Clerks. — Roger Wool- ford, R. M. Betts, J. J. Waddell. Insurance Commissioner, — Charles A. Wailes, of Baltimore city. STATE TREASURER. Hon. Barnes Compton, of Charles county, elected by the General Assembly, February, 1874, for two years, from February 10, 1874. Chief C7er/c.— William Camden, of Annapolis. CUik. — Robert W. Bowie, of Prince George's county. SUNDRY OFFICERS UNDER THE CONSTITUTION. STATE LIBRARIAN. [See pages 219 to 233.] John T. Magruder, of Prince Georges county, appointed by Gov- ernor Whyte, in 1872, to hold office during the' term of the Governor. COMMISSIONER OP THE LAND OFFICE. [See pages 223 to 231.] Wm. R. Hayward, of Dorchester county, appointed by the Gov- ernor in 1872, to hold office during the term of the Governor. Clerks. — George H. Schaefter and Richard H. Welsh. EXECUTIVE GENERAL APPOINTMENTS. The following officers were appointed by the Governor in 1874, for two years, from the first Monday in IMay, 1874, excopting the Inspec- tors of Tobacco, which date from first Monday in IVfarch. Weighmaster of Live Stock in Baltimore Ci^y.— [See page 337.] — Thos. H. Moore. Lispectors of Tobacco in Baltimore Cifi/.—[See pn£?e 321.]— No. 1, Charles R. Waters, of Carroll county; No. 2, Green 's. Etchison ; 3, Joshua Linthicum, of Anne Arundel county; 4, J. H. Sothoron, of St. Mary's county ; No. 5, Isaac M. Denson, of Baltimore city. 476 EXECUTIVE GENERAL APPOINTMENTS. Svpe7-visoi' of Tobacco Warehouses. — .Jf)hn Richardson. [See page 341.] Insvectors of Steam Boihrs in Baltimore City. — [See pasre 341.] — John J. Mc Williams, liir the Middle and Western Districts; Jas. B. Saimer, for the Eastern and Southern Districts. Weigher General of Grain in Baltimore City. — [See Jjage 327.] — Edjjar Plummer, of Caroline county. Assistant Weighers. — David Riley, Harford county; Henry D. M. Howard, Cecil county; L. C. Graves, Kent county: Charles R. Ham- ilton, Baltimore city; Hiram G. Dudley. Queen Anne's county. Weighers of liny and Straw. — [See paire 845.] — "William Hoft'man, of Baltimore city, Eastern Scales. August Bender, of Baltimore city, New Western Hay Scales. John H. Marshall, ol Baltimore. Old Wes- tern Hay Scales. James Adams, of Baltimore c(ninty, at Canton. State Wluirjinger. — [Seepage 335.] — Jno. F. Pickering, of Baltimore city. Managers of the TTonm of Reformation, &c.,for Colored Children. — Francis T. King, Charles E. Phelps. State Board of JLalth.—Dvs. Nathan R. Smith, E. Lloyd Howard, J. Rob't Ward, Chas. W. Chancellor and Henry M. Mitch 11. Directors in Maryland Penitentiary. — Joseph Ci isp, John F. Hunter, Henry Seim, Albert Sigmund, George Evans and A. Lawrence Whit- ing. Managers of the House of Refuge. — John T.Morris, Sam'l J.Smith, James Pentland and Dr. J. Robert Ward. Visitors of the Asylum for the Deaf and Dumb, at Frederick. — James S. Downs, of St. Mary's county, Enoch Pratt, of Baltimore city. State Directors of the Maryland Industrial School for Girls. — Hon. Jas. IT. Dennis. Ormond Hammond, John Carroll Walsh, of Harford county. Dr. John Fisher, of Baltimore county, Edwin Bell, James E. Trott, Frank A. Bond, George Colton, ol Baltimore city, J. B. H. Campbell, of Allegany county, Allen Bowie Davis and T. Watkins Ligon. Trustees of Antietam National Cemetery. — Edward Shriver, for three years from January 1st, 1872. J. H. B. Latrobe, for three years from January 1st. 1873. State Vaccine Agent. — [See page 309.] — Wm. T. Jones, appointed for six years from 1870. Commissioners of Fishei'ies. — T. B. Ferguson, of Baltimore city and Philip W. Downs, of Caroline county. The State Fishery Force. — Commanding Officer, Jesse K. Hines, of Kent county, on Steamer "Leila;" Capt. Lemuel Mitchell, command- ing Slooj) "Nannie Merryraan;'" Capt. E. G. Bryan, of the "A. C. N. Matthews;" and Capt. Langrell, of the "Bessie Woolford." THE COUNTY OFFICERS. ALLEGANY COUNTY. [See page 459.] County ;9m«— CUMBER!. AND. Resident Judge of the Circuit Court. — Hon. George A. Pearre. Clerk to Circuit Court. — Theodore Lutnan. Sheriff. — James C. Lynn. State's Attorney. — ^Villif^m J. Read. Terms of Court. — First Monday in January and second Monday in Ai)ril and October, to wliich Juries are summoned ; and six Cliancery Terms: first Monday in January, third Monday in Fel)ruary, and the second Monday in April, June, August and October. — 1874, ch. 83. Judges of the Orplians' Court. — Cornelius Slack, [appointed in place of W. R. McCullv,] John Coulehan, Upton B. Long. Register of WiUs.—Q. C. Shriver. Surveyor. — Daniel Chisholm. County Commissioners. — A. C. Greene, George Reuschlein, Wm. R. Beall, A. Trail and B. L. Turner. Clerl: — Davisson Armstrong. Attorney for County Conunissioners. — Vacant. Trustees to Almshouse. — Levi R. Fechtig, C. H Ohr, M. D., A M. L. Bush. Physician to Almshouse. — Dr. Geo. B. Fundenberg. Steward to Almshouse. — John H. Stallings. County lyeasurer. — Robert Shriver. Constables. — 4tli District, John W. Dayton, Henry McKenzie; 5th, Owen Evans; 6th, Harmon White, Martin Herpieh ; 7tli, James W. Furlow; 8th, Nathan Hartley ; 9th, Ambrose Chaney ; 12th. William Findley ; 13th, Levi Shaw, Jacob B. Humbird; 16th, William Lees, Robert Dick, jr. Tax Collectors. — 1st District, Joseph B. Stottlemeyer; 2d, (Cumber- land E. C. and 13,) Wm. Hall; 3d, Jas. D. Armstrong; 4th, Patrick Mullen. Executive Appointments. Justices of the Peace. — 4th District. Uriah Duckwortli, Owen Rinr- dan. Otho G. Barchus ; 5th, John C. Weis, Henry R. Atkinson ; 0th, J. Wm. Jones, Andrew Gonder; 7th, John Hartley, Daniel Crabtree; Sth, Nathan Trail, Herman Brinkman; 9th, Owen JIcElfish, John Wilson, of N. ; 12th, John Barth, John Lavelle; 13th. Daniel Blocher, Herman H. Hobrock ; IGtli. John Ryan, Jas. Dooley. OjJicers of Registration. — 4th District, ]Maurice ]\Iiller; Llh, John Hitchins; 0th, John G. Treiljer; 7tli, .lames F. Wilson; 8th, Hiram H. Yonker; 9th. Thus. McElfish; 12th, Richard O'Neill; 13th, Henry Williamson; 10th, H'^nry Hannekamp. Superintendent of Xatiunal Road. — Robert Welch. Notaries Public. — Geo. L. Wellington, William E. Griffith, at Cum- berland; John Wilson, jr., at Barton. Coroner. — Henry Shriver, sr. 478 ANNE ARUNDEL COUNTY. ANNE ARUNDEL COUNTY. County ;Sm<— ANNAPOLIS. Resident Jxidge of Circuit Court. — Hon. Oliver Miller. Clerk. — Sprigg Harwood. Sheriff. — P. Dorsey Carr. State''s Attorney. — .James Revell. Auditor in Chancery. — .James H. Hodges. Commimoners in Chancery to take Testimony. — S. T. McCullough, Wm. T. Iglehart. Crier of Circuit Court. — Wm. R. Thompson. Bailiff's. — Wm. Dadds, J. R. White, George Barber, Joseph Mace, A. S. Bryan. Terms of Court. — Third Monday in April and October. Judges of the Orphans' Court. — James W. Hunter, Thomas S. Iglehart, Charles S. Welch. Register of Wills. — Wm. Bryan. Surveym: — Amos R. Harman. County Commissioners. — Dan'l Caulk, Elijah L. Rockhold, Eli Lusby, Allen Warfield, Dr. Richard Weems, William T. Prout, William Shipley. Clerk. — George M. Duvall. Collectors of State and County Taxes. — 1st District, Jno. W. Brashears ; 2nd. ; 3rd, Thomas C. Boone; 4th, Lot Warfield of Allen. Trustee of the Poor. — John B. Owens. Supervisors of PuUic Roads. — 1st District, John H. Jones; 3rd, Henry Anderson, 5th, Richard A. Shijiley, 8th, Jno. R. Wilkerson. Constables. — 1st District, S. Hank Owens; 2nd, Robt. S. Lamb, Wm. Williams, Chas. R. Watson ; 3rd, Ed. J. Wilson, Thaddeus H. Williams, William Burton; 4th, Thomas A. Upton, Thomas A. Jacobs; 5th, George H. Gardner, Thomas McDonald ; 8th, John W. Armiger ; An- napolis, George Barber. Executive Appointments. Justices of the Peace. — 1st District, Howard M. Duvall, .Jacob F. Deall, Samuel H. Dorsett, Allen Marriott, George T. Beall ; 2nd, Rol)t. F. Dodsnn. Nicholas R. Nicholson, Mareen D. Chaney, William Hail ; 3rd, Genrse McCubbin, Richard J. Hall, Charles R. Sevier, Joseph J. Tate, William Merat; 4th, Geo. F. White, C.B. White, Jas.M. Duvall, John Q. A. Jones, Wm. J. Disney ; 5th, William Hawkins, Moses P. Donaldson, J. Henry Gischel, B. Duncan Smith ; Annapolis, Dennis C. Thonijjson, Wm. H. Gassaway, Robert Welch ; 8th, Arthur Carr, James O. Drury, A. Hamilton Hall, Martin Deale, Josejih R. Owens. Ojficers of Registration. — 1st District, John S. Marriott; 2nd, H. McCcney Claytor ; 8rd, Thomas C. Boone ; 4th, Chas. R. Harman ; 5th, Basil Duncan Smith ; 6th, Geo. W. Murdoch, Annapolis ; 7th, Henry O'Ncil. Notary Public at Annapolis. — James A. Medley. BALTlMOUli COUA'TY. 479 BALTIMORE COUNTY. County 5r«af.— TOWSONTOWN. Beddent Judges of Circuit Court. — Hon. Richard Grason, Hon. Geo. Yellovt. Clerk of Circuit Court. — John Bacon. Deputy Clerkfi. — V\'. M. Isaac. Law Clerk; R. Edwin Hook, Equity Clerk ; Lewis M. Bacon, Casliier. Eecording ClerJcs.—Wm. H. Koller,F. H. Chilcoat, Walter L. Burke, John M. Curtis, John D. Bedf ird, J. Harman Bclione, Fretl. Price. Stale's Attorney.— i. Fred. C. Talbott. De}mty. — Thomas J. Hunter. Crier. — Louis Vogle. Interpreter. — John J. Pilert. Bailiffs. — Samuel Finkerton, George W. Seipp, Wm. Marlbot, Jas. H. Lindsay. Auditor. — Washington Yellott. Commissioners to take Testimony. — D. H. Emory, W. F. Wharton. Sheriff. — Samuel F. Butler. Clerk. — Samuel W. Storm. Deputies. — Wm. H. Taylor, Wm. M. Risteau. Warden of Jail. — Francis B. Boarman. District Deputy Sheriffs. — 1st District, Wm. H. Harman, R. B. lin- ger, J. H. Glanville; 2d, John Crook; IJd, ^Vm. H. Reed, Jesse Hop- kins; 4th, Geo. W. Stockdale; 5th, Wm. L. Tracey, Chas. O. Kemp; 6th, Wm. Ruhl, Absalom Baker; 7th, Lutlicr M. Birmingham; 8th, Israel Price, Carlton T. Brown ; 9th. Jos. K. Kniyht, Nicholas .J. McCauley; 10th, Jehu Williams; 11th, William W. Knight; 12th, Achilles Ford, Samuel E. Smith, J. Harman Schone, jr., August Weis, Edward Wise; 13th, T. Jeff. Wade. Terms of Court. — 1st Monday in March; 3d Monday in May; 2d, Monday in September; 1st Monday in December. Judges of Orphans'' Court — Joshua F. Cockey, Thomas G. Rutledge, C. Howard Owings. Meet Tuesday and Wednesday of each week. Register of Wilh. — Joseph B. Mitchell. • Deputy. — Thomas Philpot. Bailiff to Orphans'' Court. — William Adams. Surveyor. — Wm. Shipley. County Commissioners. — Daniel J. ]\TcCauloy, Beni, F. Jordan, Ed- ward Rider. Meet every Tuesrlay and Wednesday. Treastirer and CUrkto Commissioners. — John T. B. Parlett. Clerks in Commissioners' Office. — Ephraim B. Alniouy, Francis B. Laurenson. Counsel to Board. — C. Bohn Slingluff, Wm. S. Keech. Bailiff and Night Watchman of Court House. — Clark Webb. Keeper of Court House. — Gideon Herbert. Physician to Jail. — Dr. James H. Jarrett. The County Commissioners act as Trustees to Almshouse ; they ap- point: Agent and Manager, S. Howard Cole; Physician, Dr. H. M. Ewing. 31 480 BALTIMORE COUNTY, Constables. — 1st District, John H. Glanville, Wm. H. Harman, E. B. Unger; 3d, Jno. Crooks; 3d, Benjamin ^Yatts, Jesse R. Hopkins. A\'n). H. Reed; 4th, Geo. W. Stocksdale, Ephraim Berryman; 5th, William L. Tracy, Charles O.Kemp; 6th, Wm. Rnhl, Absalom Baker; 7th, Hosea Rosier, Luther M. Birmingham, Joseph W. Nelson; 8th, Israel Price, Saml. Townsend, H. M. Harris; 9th, Carlton T. Brown, John C. Woolf, AVm. F. Hare ; 10th, Jehu Williams ; 11th, Robert J. White. Wm. H. Knisht; 12th, Achilles Ford, Saml. E. Smith, August Weis, Nicholas E. C. Richards; 13th, Thomas J. Wade. [Bonded.] Road Siqjervisors. — 1st District, Joshua Meilor, Samuel C. Heird, Geo. Hoffer; 2d, George W. Aler, Geo. E. O'Dell, William Peil ; 3d, Charles A. Oakford, Johnsey Hook, Samuel Brady; 4th, David Uhler, Henry Fringer, Jacob Giest; 5th, Joshua F. Benson, Luther Martin, Richard C. Tracey ; 6th, Jesse Hoshall, Wm. J. Hoffman, Jno. Shujiert; 7th, Wm. Slade, John Wise, Ezekiel Matthews; 8th, Zephaniah Poteet, William O. Ensor, William Gent, jr.; 9th, Joseph Jackins, Abraham Rider. Augustus Dames; 10th, '\Am. H. Curtis. Elihu Cuddy, Wm. Hall: 11th, AVm. C. Payne, Jose2:)h Snyder, Howes Parker; 12th, Philip D. Burgan, Henry Guuther, Joseph Earl; 13th, Geo. W. Wade, Patrick O'Brien, John J. AV'ade. Tax Collectors. — 1st District, Columbus I. Shipley; 2d, Thomas C. Worthington; 3d, John Baseman; 4th, Wm. A. Slade; oth, Abraham Bossom; 6th, Daniel Stabler; 7th, AVilliam Rutledge; 8th, Hugh O'Connor; 9th, James C. Harrison; 10th, Henry C. Hutchins; 11th, Charles T. Haile; 12th, George W. Dorsey ; 13th, Wm. T. Randle. Trustees of tJie Pool'.— l&t District, Edward F. Steilel ; 2d, Edward S. W. Choate; 3d, Samuel B. Mettam ; 4th, Charles J. Beckley; 5th, Richard C. Tracey; 6th, Nicholas Hoshall; 7th, Pleasant Hunter; 8th, Joshua F. Cockey ; 9th, J. Maurice AVatkins; 10th, Nicholas Hutchins; 11th, John W. Burton; 12th, AVilson Townsend; 13th, Samuel France. Street Commissioners. — Geo. H. Carman, Lewis Lehman, Jno. Cole. Overseer at AlmsJiouse. — Abraham Co4e of L. Inspector of Weights and Mea^ires. — Henry B. Ashe. Suburban Police. — [Appointed by County Commissioners under the Act of 1874, ch 374, to serve from July 1st, 1874, to May 1st, 1875.]— Police District No 1. — John T. Piquett, Chief, mounted; Martin Hediau, mounted; Alex. Duncan, footman. No. 2. — Dan'l Hoff, Chief, mounted ; Geo. Chambers, footman. No. 3. — Joseph R. Knight, Chief, mounted; Perry Knight, footman. No. 4. — AVilliam B. Lytle, Chief, mounted ; Patrick J. Roche and George Taylor, footmen. No. 5. — Achilles Ford, Chief, mounted; Geo. Beukoffskey and Frank Wein- liold, footmen. Thomas McDonald, mounted, for extra and sj^ecial service, m different sections of the County, as may be directed by the County Commissicmers and by the Chief of Police, in such Police Dis- tricts as he may be assigned for such duty. Executive Appointments. Justices of the Pence. — 1st District, Lewis Lehman, Mark Mellor,Albprt Smith, Chas. T. Miller, Joshua Meilor, John J. Pilert, Geo. R. Reese; 2nd, Wm. M. Donald. AVm. H. Harker, Andrew Dorsey; 3rd. Isaac Brown, W. H. Richardson, Sam'l B. Mettam, A. H. Slade, B. C. Tyd- CALVEKT COUNTY. 481 ings, John Wright, William Pole; 4th, Henry Bughey. Jeremiah T. Ducker, John N. Carroll, David L. Slade; 5th, Abraliam S. Coojjer, Wm. Duncan. Noah W. Alban, Wm. C. Sparks; Gth, Wilson House- man, Mordecai Alban, B. F. Hoshall ; 7lh, Eli S. Sampson, Henry Wise, jr., George H. Coney ; 8th, A. Galloway, Joshua Cain, Benjamii: P. Matthews. Aquilla Jones; Orh, Gideon Herbert, James H. Smith, James Miller, W. H. Taylor, Frank Lewis, John P. Clark ; 10th, Ke/.in T. Smith, Thomas Kauliman, John S. Curtis ; 11th, John W. Burtcm, Albert M. Brown, Henry Walter, Samuel Pinkerton; 12th. Henry Reeder, Eiiward Hopkins, J. G. Carter, Jas. D. Swavne, P. D. Burtran, N. W. Smith ; 13th, Thos. J. English, H. J. Rogers, F. G. F. Walte- myer. Officers of Registration. — 1st District, Dr.N.R.Gerrv ; 2nd,Chas.Rogers; 3rd', G.H. 'Elder; 4th. E. C. Stocksdale; .'jth. G. W.' Jordan; 6ili. S. W. McCullough; 7th, Eli Matthews; 8th, AV'm. Gent, jr.; 9th, Charles H. Mann, jr.; 10th, Richard Htitchins; 11th, Edwin Jessup ; 12tb, J. Harman Schone ; 13th. George W. Wade. Coroners. — John S. Biddisou, Nathaniel Warfield. CALVERT COUNTY. County /Sm«— PRINCE FREDERICK. Resident Jmlge of Circuit Court. — Hon. D. R. Magruder. Cleric of Circxdi Cowrf.— John H. Baslbrd. Deputy Clerics. — Somervell Sellers, B. O. Hance. Sheriff.— John F. Cox. Deputy Sheriff. — Sterling Smith. State's Attornei/. — .Joseph A. Wilson. Auditor. — Charles S. Parran. Standing Cornnmsioners to take Testimony. — Joseph A, Wilson, Chas. S. Parran. Crier. — George W. Bowen. Bailiffs. — Benjamin Fowler. Thomas F. Howard. Terms of Court. — First ]\Ionday in May, July and February, and on Wednesday after the first Monday in November. Judges of the Orphans' Court. — Rich'd H. T. Norfolk, [appointed in place of Basfbrd. elected clerk,] Dr. John A. Sedwick, David Carcand. Register of Wilh.—T)v. Basif S. Dixon. Deputy Reg inter of Wilh. — Dr. Win. H. Norfolk. County CommixHioners. — Robert W. Yoe, Geo. P. Ross, Wm. C. Fowler. Clerk to County Cornmissioyiei'S. — Edward H. Ireland. Collectors of TVwrs,— 1st District, James S. Thomas; 2nd, Bcnj. D. Bowen; 3rd, Charles AV. Spicknall, [appointed April 14th, 1874, for two years.] Road. Commissioners. — 1st District, Nathaniel Dare, sr., .Jas. E. Blunt; 2nd, Thomas Bowen, Walter H.Alton; 3rd, Robt. N. Birk- head, Lewis Trott. Constables. — 1st District, Robert S. Allison ; 2d, James S. Catterton; 3d, John W. Ward. 482 caroline county. Executive Appointments. Justices of the Peace. — 1st District, Dr. V. C. Lawrence, James I. Blackburn, Walter W. Dorsey, Thos. R. Grover, George H. Weedon ; 2nd, James L. Hutchins, Thos. C. Carpenter, Cephas H. Bowen, Chas. R, Harrison ; 3rd, Jesse Carr,Wm. Ireland, Thos. Plumnier, Jas. P.King. Officers of Registration.— \%t District, William H. Hellen ; 2nd, Chas. R. Belt; 3rd, James B. Elliott. Coroner. — John A. Cox. CAROLINE COUNTY. County 5m«— DENTON. Judges of Circuit Court. — See page 472. Clerk of Circuit Court. — John W. Temple. Deputy Clerks. — L. H. Gadd, B. A. Richardson, Clinton Cook. State's Attorney. — George M. Russum. Auditor. — P. W. Downes. Commissioners to take Testimony in Equity. — P. Stack, J. W. Bryant. Terms of Court. — Second Monday in January, March and July, and first Monday in October. Judges of Orphans'' Court. — Wm. A. Ford, Robert Jarrell, Daniel Sparklin. Register of Wills.— J. B. Steele. County Commissioners. — J. M. Whitby, H. Wilson, R. Y. Collins. Clerk. Constables. — 2d District, Greensboro, Wm. H. Lowe ; 3d, Denton, Richard J. Shields; 4th, Harmony, E.Madison Towers ; 5th, Federals- burg, Wm. T. Slaughter. Trustees of the Poor. — H. C. Culbreth, Esma Lowe, J. B. Dukes Nathan Patten, A. N. Davis. Collectors of State and County Taxes. — George W. Porter, Wm. B, Stevens, J. P. J. Hubban, Elijah Hignutt. Executive Appointments. Justieesof the Peace. — 1st District, Rich'd Jones ; 2d, Robt. J. Orrell ; 3d, Tate F. Barton, Thomas Melvin, Wm. Loockerman ; 4th, Manlius P. Hutchinson, Wm. W. Williamson ; 5th, Wm. H. Watkins, Juo. W. Hignut. Officers of Registration. — 1st District, Wm. H. Whitely ; 2nd, James A. Roe ; 3d, J. B. Dukes ; 4th, F. A. Willis; 5th, Eli C. GuUett. Notary Public. — J. P. Manlove, Greensborough. CECIL COUNTY. 433 CARROLL COUNTY. Cmir.ty 5ea?— WESTMINSTER. Resident Judge of Circuit Omrt. — Hon. "Wm. N. Hayden. Clei-k of Circuit' Court. — Dr. Frank T. Shaw. Sherijf'.—Edvfaid Devilbliss. State's Attornep. — R. B. Norment. Terms of Cotirt. — Second Monday in May and November. Judges of Orphans' Court. — Adam Shower, Isaac Baile, L. P. Slincr- luflF. Regiater of Wilh. — Henry E. Beltz. Surveyor. — Henry Hoppe. County Commissioners. — Mordecai C. McKinstry, John O. Devries, John W. Murray. Treasurer and ClerTc to Commissioners. — Jabez A. Bush. Constalles. — 1st District, James Kuhns, John Reindollar; 2d, Adam Banner; 3d. Samuel Kesselrinsr, Paul Reinecker; 4th, Jno.H. Taylor ; 5th, W. C. Lindsay, Joseph "\V. Berrett ; 6th, James AV. Grcenlioltz, George Burns ; 7th, Robert C. Matthews, Reuben W. Stein ; Sth, Michael Buchman; 9th, S. W. Beckwith; 10th, Isaiah Hann; 11th, Samuel I. Garber; 12th, John B. Eppley. Executive Appointments. Justices of the Peace. — 1st District, William H. Grouse. George A. Plickinger, Henry Gault; 2d, George W. Gilbert, Jjin. A. Brownt Jno. H. Jordan; 3d, Ezra Lyon, Eli Erb; 4th, Vincent Brown, Stephen B. Stocksdale, Azariah Oursler; 5th, James Morgan, Charles W. Hood, J. Oliver Wadlow, Wesley D. Oursler; 6th, Henry Motter, William L. Tracy, Jacob P. Baltzover; 7th, Abner Neal, Peter B. Mikesale, William T. Mitten. J. Henry Hoppe, John B. Somers; Sth, J. F. Mule- horn, John W.Abbott; 0th, Thomas W. Buckingham. Joab Brown, HphnerGorsuch, Josejih Tenan: 10th, Francis Meginnis, Saml. Shunk ; 11th, Wm. T. Smith, Chas. Denning, Louis Diehnan ; 12th, Joshua Switzer, Reuben Savior. Officers of Registration. — 1st District. John A. Martin ; 2d, John R. Haines; 3d, Jonas Frock ; 4th, Daniel Ebaugh ; .5th,Surratt D. War- field ; 6th, George Shower ; 7th. Lee McElroy; Sth, Jacob Coltrider; 9th, Abraham Albaugh ; 10th, Levi Buthngton; llth, Jesse Lambert; 12th, John Hartsock. Notaries Public. — Frank J. Wheeler, AVestminsterj Dr. John F. Buffiiigton, New Windsor. CECIL COUNTY. County -Seof— ELKTON. Resident Judge of Circuit Coia-t. — Hon. Frederick Stump. Clerk of Circuit CV??/?•^— Arthur W. Mitchell. State's Attorney. — Clinton McCuUough. Sheriff.— Wm. W. Scott. 484 CHARLES COUNTY. Terms of Court. — Second Monday in January, first Monday in April and third Monday in September. Judges of Orphans' Court. — James M. Evans, James McCauley, James A. Lewis. Register of. Wills. — Reuben D. Jamar. Surveyor. — Caleb C. Brokaw. County Commissioners. — Robert E. Bromwell, Jno. E. Gillesj^ie, Jos. Biggs. Cleric. — Isaac F. Vanarsdale. Tax Collectors. — 1st District, Benjamin B. Price ; 2d, Dr. Wm. C. Karsner; 3d, Matthew M. Nandim; 4th, Joseph Steele; 5th, James A. Lackland; 6th, Moses T. Nesbitt; 7th, Francis Linton; 8th, John M. Rawliugs; 9tli, George H. Logan. Constables. — 1st District, John Benson, John Richards; 2d, George R. Carpenter, Thomas P. Vandergortz; 3d, Samuel B. Grant, James B. Marrett; 5th, Thomas Tyoon, Lsaac S. Deford; Gth, Jno. C. Hindman; 7th, Joseph Geisler, Edward Kelly. Trustees of Alms House. — Nicholas P. Manly, Harry D. Miller, John B. Russle, Henry H^ss. William Falls. Inspector of Weights and Measures. — Perry W. Ruley. [The Commissioners Appointments date from May 1st.] Executive Appointments. Justices of the Peace. — 1st District, Charles Kirby, Benj. F. Terry; 2d, Gilbert Crisfield, Tliomas .J. Cleaver; 3d, Joseph R. Brown, Jas. Spence, George R. Howard; 4th, Robert Lynch, Thomas J. Scott; 5th, Eli Janney, Sam'l Logan, Isaac N. Benjamin ; 6th, Jas. O. McC/or- mick, Isaac R. Taylor, Jas. S. Rae; 7th, Josepli W. Aljrahams, David Archibald, Sheldon Beach, Sam'l D. Smith ; 8th, Joseph Peoples; Jas. Cmnmings; 9tli, John Donahoo, Stephen Gilbert. OXJicers of licglstration. — 1st District, Jno. Wroth ; 2d, Noble Biddle ; Bd, William R'. Gilpin; 4th, W. R. Mahan ; 5th, Granville S. Jeflries; 6th, Joseph Golibart; 7th, D. M. McClenahan; 8tli, John J. Bennett; 9th, Horace H. Duyckinck. Notaries Public. — George W. Vandiver and Andrew Orr, at Port Deposit; Reuben E. Jamnr and Samuel B. Ford, at Elkton; Horatio J. Shephard, at Rising Sun. Coroner. — Kaufman Katz. CHARLES COUNTY. County Seat—VOKY TOBACCO. Resident Judge of Circuit Court. — Hon. George 13rent. Clerh of Circuit Court. — Benjamin G. Stonestreet. Sheriff. — William L. Cooke. State\r. William S. Richardson. Deputy Register. — B. FT. Hanson. Surceyor. — J. Martin McNabb. County Commissioners. — Joshua Scarff, William M. Ady, James M. (Jain, J. Frank Keasin, Hugh T. Heaps. Clerk. — James A. Fulton. Collectors of Taxes.— \st District, Israel D. Proctor; 2d, George B. Silver; 3d, John C. Hanua; 4th, James M. Scarflf; 5th, Archibald ficaps. CoiutaUes.—lsi District, James R. Taylor; 2d, Thomas J. Sunder- land, Jno. C. Charshee : 3d. Charles S. Watterman, John J. Alexander, Isaac C.Pyle; 4th, JesseP. Rutledtre. William C. Carroll. Lewis King; oth. George A. Markland, R. S. McNutt; Gth, John Hopkins. Ocerseei- of Alinshoune.. — Hugh Smith. Executive Appointments. Justices of the Peace. — 1st District, B. Legoe, John H. Brndford, Jackson Dorney ; 2d, William Wiles, Richard Lollin. Everett G. Jlughes, John B. Foy, George Harris; 3d, Thomas H. Snowden. James A. Fulton, Richard T. Martin, John Trago, Joseph W. Shroff, Amos Gilbert : 4th, J. G. Luckey, John D. Alderson, Thomas B. Devoe, Sam- uel Arthur, Caleb Wright ; 5th, Cyrus H. Pusey, A. W. Scarborough, R. D. Orr, John Daugherty, John M. Cooley; (ith, A. S. Adams, B. F. Heath. Of)icers of Registration. — 1st District, Wm. Hanway ; 2d, Jarrett Baldwin; 3d, William H. Diver; 4th, George H. Cairnes; oth, Sam- uel M. AVhiteford; 6th, William G. Burke. Coroner. — Nathan Dean. HOWARD COUNTY. Comty ,9cffl«.— ELLICOTT CITY. Resilient Judge of Circuit Court. — Hon. Edward Hammond. Chrk of Circuit Court. — Louis J. Watkins. Deputy Clerh. — Thomas G. Watkins. State's Attorney. — Henry E. Wootten. Sheriff. — Walter Dorsey. Deputy Sheriff and Jailer. — R. C. Cooms. Auditor. — John S. Tyson. Commissioners to take Testimony. — Wm. A. Hammond. E. T;inthicimi. Terms of Court.— 'Ylnvd Monday in March and First Monelay in September. Judges of Orphans' Court. — J. F. Gordon, Martin H. Batson, Dye \V. Worthin..-. P. Dixon, Jacob Ilighly, John Brice. /Standard Keeper. — U. A. '\ Garrett. Comtahles.—Ut District, John H. Thomas, Alfred S. Hurlock; 2d, Charles W. Warren ; 3d, Harrison E. Cooper ; 4th, Samuel L. Raw- leigh, David A. Benjamin ; 5th, John M. Hersh, Joshua Mcekins. Executive Appointments. Jvstiees of the Peace.— Ist District, Thomas K. Stephens, William J. Blackiston; 2d, Daniel U. Dewees, William Medders; 3d, J.Evans Thomas, Daniel B. Neall ; 4th, T. Waters Russell, Charles A. A. Stan- ley ; 5th, Samuel C. Brannock, Robert W. Calder. Officers of Registration. — 1st District, James P. Mason; 2d, Leonard A.Pennington; 3d, Thomas H. Kennard ; 4th,Edwurd J. Willis; 5th, Abel J. Rees. Notary PvUic. — Charles Estes, at Chestertown. Coroners.— Ut District, W. K. Sutton; 2d, Frisby H. Boulden ; 3d, Robert L. Usiiton ; 4th, John Bordley ; 5th, John Buyer. MONTGOMERY COUNTY. County Seat.—ROCKYlhLB. ResjcJmt Judges of Circuit Court. — Hon. Richard J. Bowie, Hon. W. Viers Bouic. Clerk of Cireuit Court. — E. Barrett Prettyman. Deputy Clerks. — Reynolds S. Patterson, George R. Braddock, Chas. W. Prettyman. State's Attorney. — Spencer C. Jonea. /S^eW^".— Edward H. Waters. Deputy Sheriffs.— J. R. Miller, W. O. Kingsbury, Charles T. Kings- bury, Horace R. Titlow, Jno. H. Austin, H. O. Higgins. Auditor. — James W. Anderson. Crier. — John R. Miller. Terms of Court. — First Monday in February, and second Monday in August. Judges of Orphans^ Court — H. B. Cashell, Dr. A. H. Sommers, Edw. M. Owen. Register of Wills. — Robert W. Carter. Surveyor. — William Grady. County CommisHioners. — Remus G. Dorsey, Horace Waters, Jolm H. Dade, Stephen M. Lyddans, Samuel S. Cashell. Clerk to Commissioners. — Joseph A. Taney. Colltctoi-sof Taa-es. — Jno. H. Williams, Griffith, S. C. Thompson, Wm. A. Veirs, Jno. W\ Beall. ConstaUes. — John W. Wallick, Marcellus Etchison, R. A. Burton, John R. Miller, R. W. Sti-vcns, Isaiah Soper, Horace R. Titlow, J. H. Austin. Isaac T. Pyles, Thomas Bean. Trustees of Almshouse. — T. I. D. Bowie, Douglass Clopper, Henry Pumphrcy, M. Green, W. W. Owen. 492* FKiNCE qeokge's county. Executive Appotntments. J^tstices of the Pencp. — 1st District, Henry N. Harris, Samuel Ricrss, of G.. John T. Warfield, James B. Guitlier; '^d, .Ino. W. Taylor, Geo. W. Darl)V, Charles H. Murphy, J. C. W. Kemp; 3d, S. S. Hays, N. T. Tall'ot, B. F. Reid, Edmund G. Dulev ; 4tli, E. L. Hays, Thos. H. Offutt, D. H. Bouic, John Offutt, S. W. Magruder; 5th, John T. Baker, Wm. D. Williams, Michael J. Brown, Perry Leizear. Officem of Reglatration. — 1st District, A. G. Merriweather ; 2d, Edw. G. Gardiner; 3d, Wm. T. Jones; 4th, Reynolds S. Patterson; 5th, M. L. Richardson. Coroncra. — Muitin J. Higgins, Edward Horner. PRINCE GEORGE'S COUNTY Covnfy -9m;-UPPER MARLBOROUGH. Juflges of Circuit Court. — [See page 477.] Cleric of Circuit Court. — henry Brooke. State's Attornej/. — George C. Merrick. Sfierijl'. — Harrison Wallis. Terms of Court. — First Monday in April and October, and third l^iondav in January and June. JuJiies of Orphaiis' Coui't—Jas. B. Belt, Rich'd. L. Ogle, Chas. Clegett. lle(j'ihter (f Wills. — AVilliani A. Jarboe, jr. [Elected in 1871.] Surveyor. — George W. Jackson. County Comnrissioners. — -Alex. P. Hill, Fielder C. Duvall, Benjamin Brashears, Benjamin F. Duvall, Thomas H. Lusby. Ckrh GonataUes. — F. O. Sansbury, Edward Jones, Upper ^Tarlborough ; Dciniel Garner, Brandy wine; William F.Watson, George H. Hyde, Horse Head; James T. Givens, Silver Hill; Sol. J. Chuney, Mitchells- •"ille; William Boswell, Piscataway. Executive Appointments, Judir.es of the Peace. — 1st District, Louis O. Wissman, George Hop- kins; Wiillam Stanley, Alired Beckett; 2d. Dionysius T. Sh'-Till', Dan- iel Barron, Stanley N. Magruder, Zaehariali Shaw; 3d, James Harris, Thomas H. Osbourn ol'T., 1 Sector Pum])hrey, James H. Ritchie; 4th, John H. Thomas, Zachariah R. Mortran, J. Benson Perrie, J. B. Bond; 5th, .lames P. Kerby, Gerard W. Brandt, Joseph M. Parker, Robert W. Brooke; Gth, Francis 'J'olson, Wm. B. Bavne, jr.. Abner T. Hood, Wm. H. Woods; 7th, Geo. W. Page, Rich'd Peach, Geo. A. Mitchell, Jno. P. Ho])kins ; 8th, Geo. E. Orme, John T. W. Compton, James W. Richards, C. WicklilVe Claggett; 9th, John V. Piles, Robert \V. Hun- ter; lUth, James A. Crandcll, John W. Wliiteside; lllh, Richard T. RobinsoQ, John E. Tliompson, Matthew J. Kaldenback, John A. Coe; 13th. Wm. S. McPherson. Ojlicers of Registration. — 1st District, George S. Parker; 2d, George W. Du vail of George; 3d, Wm. H. Harper"; 4th, Jeremiah Golfren; ST. MARy'S COUNTY. 493"'* 5th, James A. Gregory; 6th, James J. Jarboe: 7th, T. Blake Brooke; 8th, Gunr^c W. Thomas; 9th, Walter P. Grimn ; 10th, Geo. Wheeler; lUii, Tliomas H. Osbourn, ol Charles. JS'olartj ruUic. — Frederick J. Luber, at Laurel. QUEEW ANNE'S COUNTY. County £rea^— CENTREVILLE. Resident Judge of Circuit Court. — Hon. John M. Robinson. Clerk of Circuit Court. — Wm. A. G. Hobbs. State'a Attorney. — Thomas J. Keating. Slierijf. — Thomas C. Bailey. I'ertnis of Court. — First Monday in May and November. Jwhjts of Orphans' Court. — Richard C. Tilghman, Augustus McCabe, Walter K. White. Regider of Wilh. — James P. Dudley. County Commissioners. — Wm. Sanner, Jno.C. Hackett, Mordecai Price. Tax Collectors.— 1st District, Robert N. H. Roe; 2d, Colin F. Hol- lingsworth; 3d, Wm. Kent Sparks; 4th, James Denney; 5th, Wm. Carmiciiuel. Surveyor.— Ben^&min S. Elliott. Executive Appointments. Justices of the Peace. — 1st District, Charles W. Glandincr, W. D. Tar- button, W. S. Meredith; 2d, Joseph Guest, E. S. Valiant"^ William D. Smith ; 3d, Robt. Goldsborough, E. T. M. Foreman, Jno. W. Turmau ; 4th. John C. Tolson, John O. Philips; 5th, James J. Taylor, Levi Pi])])in. Officers of Registration. — 1st District, J. Morling Sudler; 2d, Wash- ington Collins; 3d, Benj. M. Wright; 4th, James Dennis; 5th, Thos. R. Embert. ST. MARY'S COUNTY. County /Sraf— LEONARDTOWN. Resid^7it .Judge of Circuit Court. — Hon. Robert Ford. Clerk, of Circuit Court. — J. Frank Ford. State's Attorney. — J. Parran Crane. Sheriff. — Benjam in Fo x well, Awlitor. — Robert C. Combs. Crier. — James F. Watlien. Messenger. — J. Jackson Graves. i?a////A.— Thomas P. Grey, Z. Lathrum, Joseph Lathrum. Terms of Court.— Vhivd Monday in March and September, and first Monday in June and December. 494* SOMERSET COUNTY. Judges of Orpham'' Court. — Dr. A. J. Spaulding, Leonard H. Canter, Zachariah H. Tippett. Register of Wills.— 3. T. M. Rai"y. Surveyor. — George B. Dent. County Commissioners. — John B. Abell, John Parsons, Philip H. Dorsey, Absalom C. Tennisson. Aloysius F. Fenwick. Cle)-k to Commissioners. — Clark J. Durant. Treasurer to Commissioners. — John Parsons. Trustees of Almshouse. — Thomas O. Spencer, Thomas K. Langley, B. J. Abell, Philip G. Love, James L. Sutton. Collectors of Taxes. — John L. Foxwell, Wm. Ford, Geo. A. Simms, D. Coode, J. H. Alvey, R. King Clarke. Constables. — John L. Foxwell, Henry Crane, R. M. Edwards, James H. Saunders. George A. Simms, J. M. Wilkinson. James R. Alvey, D. Coode, Joseph H. Shemwell, James H. Alvey, R. King Clarke. ExEctTiTE Appointments. Justices of the Peace. — 1st District, David W. Tyler, James B. Loker, Josiah M. Biscoe ; 2d, James S. B. Hammett, Thomas Dent, Francis J. Tliomas, Jas. A. Wise; 3d, Joseph F. Morgan, Daniel C. Hammett, Zachias Tippett, William F. Perry ; 4th, Charles J. Russel, Thomas H. Fowler, Walter L. Dent, John C. Hurry; 5th, Geo. W. Burroughs, Henry C. Dent, Henry C. Adams ; 6th, James G. Spalding, Zachariah Spalding, William B. Tucker. Officers of Registration. — 1st District, G. M. C. Jones; 2d, Benedict Magill; 3d, Joseph S. Ford; 4th, R. Thomas Barber; 5th, John B. Barbour; 6th, Stej^hen Jones. Notary Puhlic. — William A. Fenwick. C&roners. — William B. Bean, St. Inigoes; Jno. B. Russell, Chaptico. 4 SOMERSET COUNTY. County ;Seffl«— PRLNCESS ANN. Resident Judge of Circuit Court. — Hon. L. T. H. Irving. Clerk of Circuit Court. — Levin L. Waters. [Elected iu 1871.] Deputy Clerks. — Wm. W. Wise, Wm. H. Bowen. State's Attorney. — Henry Page. Sheriff. — Benjamin F. Lankford. Auditor. Crier. — William H. Smith. Terms of Court. — Second Monday in January, April, July and Oc- tober. Judges of Otyhans' Court. — William A. D. Bounds, Thomas E. Bal- lard, Joshua U. Ilaiuly. Register of Wilts.— Dr. William H. Gale. [Elected in 1873.] Surveyor. — Luther 11. Briddle. County Commissioners. — Harry S. White, George C. Powell, Luther R. Blades. TALBOT COUNTY. 495* Clerh. — Levin Handy. Constables. — James W. Layfield, P. J. Chelton, L. A. T. Covington, Oliver S. Horsey, John H. Parsons, jr., Theodore H. Stirling, John H. Fontaine. Trustees of the Poor. — Robert Brinkley,R. Dashiell, Smith Cromwell. Standard Bearer. — Joshua Lankford. Executive Appointments. Justices of the Peace. — 1st District, Thos. T. Upshur, John TV. "War- wick, Lewin H. Curtis. Thomas J. Cantwell; 2d. Dr. C. H. Hvland, Asbury McGrath; 3d, H. T. Tall, Smith Lankford, Samuel L." Tall, Colmore McCready; 4th, Edward T. Stevens, Elijah Gibbons; 5th, Joseph P. Webster; 6th, Aljah Whittintrton, Thomas Furniss ; 7th, David Tyler, Thos. K. Whealton, James H. Goodsell, Michael Somers; 8th, William Coalbourn of John, John W. Handy; 9th, Geo. T. Rowe, Samuel Webster. Officers of Registration. — 1st District, Josiah W. Pollitt: 2d, Thos. W. Kelly; 3d, Thomas H. Tull ; 4th, William T. Hargis; 5th, S. D. Bounds; 6th, George Davev; 7th, William V. Sterling; bth, John C. Horsey ; 9th, B. T. J. B. Jones. Coroners. — William H. Smith, James L. Horsey. Notaries PulJic. — Henry W. Dougherty, at Princess Ann ; Thomas H. Bock, at Crisfield. TALBOT COUNTY. County 5m<— EASTON. Judges of Circuit Court. — [See page 472.] Clerk of Circuit Court. — J. Frank Turner. Recording Clerk. — Peter Stevens. State's Attorney. — Charles H. Gibson. Auditor. — William M. Holliday. Sherif.—^. C. Fitzjarrell. Cr/e?-.— William K. Rathell. Bailiffs. — John Leonard, W. H. Bostick, Wliittington Cox. Termsof Court. — Third Monday in May and November, (Jury terms.) First Monday in February, and fourth Monday in July, (lutermediate terms.) Rule days. — The first day of each term, and first Monday in January and April, fourth Monday in June and third Monday in Sep- tember. Judges of the Orphans'' Court. — Thomas H. Leonard, Wm. D. Roberts, Wm. H. Bruflr. Register of Wills. — Tilghman N. Chance. Surveyor. — James T. Small. County Commimoners. — Samuel B. Merrick, John C. Harper, Ed- ward Y. Davis. Clerk to County Commissioners, — M. H. D. Harper. 496* WASHINGTON COUNTY. Constables. — 1st District, A. H. Larrimore, W. H. Collier ; 2d, Edwin P. Sparks, James Harrison, jr. ; 3d, Silas A. Simpson, Greenbank Oz- mon ; 4th, Edward A. Matthews, Thomas J. Rowius ; 5th, W. V. B. Jackson. Collectors of State and County Taxes. — Walter H. Thompson of Eas- ton, Wm. S. Denny of St. Michaels. Trustees of Almshouse. — Solomon S. Hopkins, Wm. S. Collins of Trapi^e, Jas. H. Ridgaway of Chapel. Executive Appointments. Justices of the Peace. — 1st District, Perry W. Stewart, William B Wheeler, N. E. Nicols ; 2d, O. P. Sparks, Edward Willey, Ji Addison Robinson, Samuel W. Neavitt ; 3d, Charles P. Craig, Edward S. Har- rison, Robt. R. Butler ; 4th, A. W. P. Robinson, Thomas J. Slaughter; 5th, Alex. H. Seth, James H. Caulk. Officei's of Begistratiop. — 1st District, Peter Stevens; 2d, John T. Harrison ; 3d, Jonathan H. Leonard ; 4th, Alex. Leadman ; 5th, Jos. B. Lowe. Armorer. — Wm. J. Roberts, Easton. Coroners. — Robt. 6. Kinnamon, AV. H. Bostick. Notary Public. — John Satterlield, at Easton. WASHINGTON COUNTY. County >Srm<— HAGERSTOWN. Besident Judges of Circuit Court. — Hon. R. H. Alvey, Hon. William Motter. Clei'h of Circuit Court. — George B. Oswald. Deputy Clerks. — Geo. F. Burkhart, Oliver B. Ridenour, Thomas P. Betts. State's Attorney. — Henry H. Keedy. [Appointed Nov. 1873, in place of John C. Zeller, deceased.] Sheriff. — Jacob Marker. Deputy Sheriffs.— CoL R. E. Cook, John E. White. Auditor in Equity. — Alexander Neill. Crier. — Joseph Boward. Bailiffs.— John B. Bachtell, Wm. H. Post, Andrew McCoy, Ered'k A. Grim. I'erms of Court. — Law terms, second Monday in February and May, and tliird Monday in November; also, six equity terms — first Monday in April, second Monday in May, fourth Monday in July, third Mon- day in September and November and the second Monday in February. Jxidges of Orphans' Court.— iosmh. F. Smith, Chief Judge; William H. Knode, John L. Smith. Begister of Tri'Ws.— Thomas E. Hilliard. Deputy Begister of Wills.— ^. F. Keller. Surveyor. — S. S. Down in. Cou7ity Commissioners.— Ucnrj Funk, Joseph Seibert, John Fessler, George W. Brown, Elias Young. Clerk to County Commissioners. — Geo. T. Loiter. WICOMICO COUNTY. 497* Trustees of Almshouse. — Jacob H. Powles, George G. Middlekoufl', Benjamin F. Fiery. Keeper of Almshouse. — Jose])h A. Hamersla. CoUcctur of State and Counti/ Tuns. — William N. Keller. Constables. — 1st District, David Pennell, A. R. Miller; 2d, James H. Long; 3d, Jacob H. Zook, Albert Hillmyer; 4th. Francis Pike; 5th, John P. Troxell; Cth, J. B. Blecker, Solomon Neikirk: 7th, W. H. Huwkeu: bth, Jacob ^M. Buck, Alexander A. Grim; 9th, Jacob D. Withard; lUth, A. H. t?uman; 12tli. John H. Wade, Jacob ^\'arreu- felbz; 13th, Philip H. Keibert, \\m. S. Pavnc; loth, Samuel Weller ; 16th, John T. Kirsey; 17th, C. G. Brezler."john H. Cretin. Tn/stee of Antktam Cemetery. — Thomas Boult. Trustees of Washington Cemetery. — Henry Kyd Douglas, Geo. Ereaner, James H. Gambrill. Executive Appointments. Justices of the Peaa. — 1st District, ^lortran Miller, Jacob H." Grove; 2d, Wm. H. Hawken, John Long, Hiram R. Stickle, Wm. Steffey ; 3d, Thos. Taggart, Wm. M. Tice, Roirer E. Cook, Jacob A. Wright; 4th, Jacob Sosey. Tacitus X. Halley, H. F. Perry ; 5th. Chas. Harvey, Jacob Craig, Wm. H. Lowe; 6th, Jno. Murdock, Jno. H. Lakin; 7th, Elijah Swope, Horatio N. Harne; 8tb, John G. Hine, Josiah Buck, J. E. Brown; 9tli, Peter Middlekauft', James W. Leggett; 10th, William H. Mvers, Jacob Fierv; 11th, Thomas Boteler, Thomas Watkins; 12th, F.'D. Clagett, Sam"'! Boyer; 13th, Jos. C. Hershberger, Da\id S. Pot- tinger; 14th, Jonathan Harbaugh, Jacob Moats; 15th, Geo. Yeakle, Robert Shives ; 16th, John F. Gray, Benj. Witmer ; 17th, Joseph A. Skinner, Thomas E. Schleich, Solomon Colklesser; 18th, Luther D. Betts, John Neff: 19th, John Bark, Aaron F. Baker. Ojficers of Registration. — 1st District, Hilliary F. Hebb; 2d, John J. Watson; 3d, Amar Startzman ; 4th, Francis Pike; 5th, Henry Z. Higgs; 6th, John C. Brining; 7th. Daniel W. Blessing; yth, John Z. Grim; 9th, Josephus Ground; 10th, Archibald F. JIcCov; 11th, Saml B.Preston; 12th, Jos. Miller; 13tb, Philip H. NeiI.ert; 14th, Lewis A. R. Kohler ; 15th. Dennis Cain ; 16th, Milton Witmer; 17th, Jacob H. Powles; 18th, John B. Bachtell; 19th, George W. Miller. Notaries Public. — Jos. Kausler, AVm. S. Williamson, Hagerstown; Jos. L. Motter, Williamsport ; Samuel Bovey, Clearspring. Coroner. — A. J. Harnes. WICOMICO COUNTY* County -Scaf.— SALISBURY. Judges of Circuit Court. — [See page 472.] Clerk of Circuit Court. — Stephen P. Toadvine. Deputy Clerk. — John W . Dougherty. State's Attornei/. — J. Augustus Parsons. 5Af?'//f.— William S. iloore. Auditor.— B.. L. Tod^l. Crier. — Jose2:)h L. Statoru 498* WORCESTER COUNTY. Terms of Court. — First Monday in January and July, and Fourth Monday in March and Septoml)er. Juries summoned to March and Seiitember terms, and to other terms when a majority of the Judges shall direct. Judges of Orphans' Court — G. L. H. Woolford, James Laws, Hugh Jackson. Register of Wills. — William Birckhead. Surveyor. — Samuel E. Foskey. County Commissioners. — John W. Laws, Milton A . Parsons, Benj. W. Truitt, George W. Robertson, Simeon Malone. Clerk. — James E. Elgood. CoUectm' of State Taxes. — Levin M. Wilson. Constables. — 1st District, Theodore Bailey ; 2d, S. B. D. Jones, Geo. D. Freney ; 3d, Jno. F. Jister, John W. Wingate; 4th, Daniel H. Den- nis, Perry Coulborn ; 5th, John Hancock, E. L. Disharoon; 6th. ■ ; 7th, Henry D. Denson ; 8th, Wm. W. Hayman, Joshua J. Freny ; 9th, John W. Vincent, W. W. Mitchill; 10th, Alex. R. Marvel, Thus. Robinson. Executive Appointments. Justices of the Peace. — 1st District, Clement C. Wright, Jas. Gillise; 2d, Jas. McJones, Richard J. Darby, Levin A. H. Walter; 3d, Minus Downing, Wm. J. Wailes, Dorsey Metzick, George E. Wingate; 4tli, Washington R. Dennis, Billy H. Farlow, James C. Littleton ; oth, Martin L. H.Maddox, John D. Truitt; 6th, James Duncan, Henrv D. Powell; 7th, William J. Riggin, John W. Jones; 8th, AVilliam P. Causey, William P. Pryor ; 9tli, Handy Fooks, Joseph C. Bush, J. INIar- cellus Dashiell; 10th, Joshua P. Bennett, Richard P. Darby. Officers of Registration. — 1st District, Thos. B. Tavlor; 2d, Levin Bounds; 3d. Robt. C. Mitchell; 4th, Billy F. Farlow; 5th, Joshua Johnson; 6th, Kaig V. White; 7th, Wm. F. Allen; 8th, Thomas C. Morris; 9th, Frank C. Todd; 10th, James F. Marine. Coroner. — Henry Brewerton. Notary Public. — Joseph C. Bell, at Salisbury. WORCESTER COUr^TY. County ^'ert!".— SNOW HILL. Resident Judge of Circuit Court. Clerk of Circuit Court. — Irving T. Matthews. Deputy Clerk. — A. Sydney Dynmck. State's Attorney.— T. Howard Aloure. Sheriff'. — Steplien E. Mason. Auditor. — Samuel H. Townsend. Crier. — Wm. C. Brattan. Bailiffs. — John R. Hill, Thomas J. Latchum, George Porter, John Dickerson, Thomas Guthrie. Terms of Court. — Third Monday in January, May and July, and Fourth Monday in October. Judges of Orphans'' Court. — Theodore \\. Williams, Francis J. Hay- man, James Whaley. / WORCESTER COUNTY. 499* Reghter of WilJft. — George T. Brattan. Surreijor. — Win. II. Richardson. WrecJcmaster. — James By-ch. Count}/ Commissioners. — Sanuiel Benson, Selby P. Truitt, B. Jones Taylor, Peter W. Hancock, Uriah Sliockley. Clerk to Commissioners. — James S. Jones. Collectoi' of Taxes. — Stejihen E. Mason. Trustees ofPoor.—^dhn R. Pnrnell. I. F. Merrill, Jno. B. Timmons. Keeper of Weig/its and Measures. — Thomas Godfrey. Const(Mes.—lsi District, White; 2d, Samuel T.P. Porter: 3d, ; 4th, William Bowen,jr.; 5th, John T.Moore; 6tli, Jesse Curmeanjr.; 7th, ; 8th, William Sturgis, Isaac J. Davis. Executive Appointments. Justices of the Peace.— 1st District, John Corbin, Jas. L. Nock, Thos. Lambdin ; 2d, James G. Mezick, J. L. Staton ; 3d, James M. Brattan, James Brittingham, Henry A. Smyth ; 4th. Ara P. Bowen ; 5th, Benj. T. Parsons, Thos. HoUoway ; 6th,' Benjamin Carmine. Roljert T. God- frey ; 7th, Josiah H. Carey, Joseph Deveraux ; 8th, Major G. Holland, Henry Brattan, Levin J. Jones. OJkers of Registration.— Ut District. Ed. H. Clarke ; 2d, Levin H. Hudson; 3d, P. C. Powell; 4th, W^m. T. Boston; 5th, Wm. L. Law; Gth. John F. Dickerson; 7th, 'R. N. Bevans; 8th, John H. Burbage, Coroners. — Thos. J. Latchem, Samuel Taylor. Notarifs Public— Ju. B. Purnell, Snow Hill ; J. D. A. Robinson, New- town; Philip C. Nelson, Berlin. 493 I^EGISTRATION OP BIRTHS, DEATHS AND MAKKIAGES. REGISTRATION OP BIRTHS, DEATHS AND MARRIAGES. The Clerks of the Circuit Courts and the Secretary of the Senate have duties prescribed by the Act of 18(i5, chapter 130, providing for the Registration of Births, Deaths and Marriages, which is as follows: Clerks to Record Births, Marriages and Deaths. Section 1. The Clerks of the Circuit Courts of the several counties and the Clerk of the Court of Common Pleas of Baltimore city, shall receive and record, in books prepared for the purpose, the following facts concerning the births, marriages and deaths in said county or city, separately numbering and recording the same in the order in which he receives them, designating in sej^arate columns. The Record Book of Births. 1. In the record book of births, the date of the birth, the place of birth, the name of the child, (if it have any,) the sex and color of the cliild, the names of the parents, the occupation of the father, the resi- dence of the parents, and tlie date of tlie record. The Record Booh of Marriages. 2. In the record book of marriages, the name, residence, age, color, condition, (whether single, widow or widower,) and occupation of each of the parties, with the date of record, which said particulars, with the exception of the date of record, shall be ascertained and in- serted in the body of the marriage license by the clerk issuing the same, and at the time thereof, and the date, place of marriage, name, residence and official station or title, of the person solenmizing it, shall be duly stated or certified on the back of said license by the person thus solemnizing it, and return thereof made as hereinafter provided ; and for all of which said particulars, suitable blank forms shall be furnished by the Comi^troller of the Treasury to said clerks. — 1866, eh. 103. Date of Birth, Death, &c. to he Recorded. 3. In the record book of deaths, the date of the death, the name of the deceased, the sex, the color, the condition, (whether single, widowed or married,) the age, the residence, the occupation, the jjlace ol death, the place of birth, the names and place of residence of the parents, the disease or cause of death, the place of burial and the date of record. Record Boole to le Paged, &c. Sec. 2. The said record books, provided for by the preceding sec- tion, shall be truly and regularly paged and alphabetically iniicxed, in the case of births, with the name of the child, (if it have a name,; and if it have no name, then with the name of the fitlicr, if its mother be a mlirncd woman, and if its mother be unmarried, then with the name of the mother; in the case of marriages with the names of both parties to said marriage; and in the case of deaths with the name of deceased, or if said deceased be an infant without a name, then with the name of the father or mother of said deceased infant. 1 REGISTRATION OF EIIITIIS, DEATHS AND MARRIAGES. 493 Notice of Births, Deaths, &c. to he given Clerics. Sec. 3. Parents shall gfve notice of the facts herein required, to the clerk of the court aforesaid, of the county or city in wliich a birth or death may take place, every householder shall <;five such notice of every birth and death lmj>peniner of Eastern Fountain.— ^ ohn Kennedy. Keeper of Madison Square. — John Guyton. Keeper of Union Square. — George Bond. Keeper of Lafayette Square. —'Di\.\V\i.'\ Smith. Keeper. of Battery Square. — John Fletcher. Keeper of Broadway Square. — David Crotty. Keeper of Harlem A'2««/'c.— Edward A. Hahn. Keeper of Drawbridge. — Joseph Files. Keeper of Washington Monument. — John Rochford. Keeper of Ila/l over Broadway Market. — Michael R. Gorman. Keeper of Calvert Street Spring. — Alexander McDonald. Keeper of Franklin Square. — Joseph R. Hobbs. LAMPLIGHTERS. Lamplighters for the Eastern District. — J. L. Johnson, Superintend- ent; James Everist, Isador Eisman, Isaac Redgrave, Michael Kerch- ner, Roljert Wells, Jr., George Wittman, George Prelier, James Scott, .James E. Campljell, Michael Herr, Jesse Kent, Henry Ott, John Fritz, John A. Bowers, John S. Marriott, Clsarles C. Williams, John IIa.ss, Abraham Singhamer, Christian Molir, Ellas Richter. Lamplighters for the Middle District. — Thos. Arthur, Superintendent; John W. Deshon, John Tighe, Presley S. Aubray, George W. Hall, James McMannis, Martin E;igaii, 'I'heodore Crocken, Nicholas Cun- ningiiani, .lohn O'Brien, Michaei Sloan, John Kelly, David Johnson, John Malion. James Kidd, Carl Hudgins, John Sutherland, James Johnson, James Start, Alexander McLaughlin, J. F. Colton. Miitrhew Nooiiey, Peter McTntire, Owen Biiike, Francis Eagan, George Betts, C. E. Ballauf, John Watson, Joliii Moan. Lamplighters for the Western District. — William T. Culver, Superin- tendent; Tlxmias Wright, Henry Long, Michael Sullivan. John Don- BALTIMOTK CITY OFFICEKS. 507 doken, John McDonald, Christopher Moszner, Charles C. Pease, Zach- ariuh Legoe, Thomas R. Fri/.zlo, AVilliam jNlinton, Alfred Kuhn, Edward Plummer, Jacob Shedel, George T. Price, M. A. Canton, Patrick Madden, Thomas Clark, Joseph Barkman, Thos. E. Burgess, John Slianks, Anthony ytrausbaiigh, James Kemp. iMmjdiffhtcrs /(/)' the Southern l)if. C. Welsh and Zacliariah Sharper, each $912.50. Special Assistant Measurer. — J. B. Streets, $468. Clerics to M'eigher.—U. S. Guest, $1,400 ; L. H. Hutchins, $1,200. Assistant Weighers.— 3 . S. Allison, Charles Alexander, G. M. Addi- son, R. L. Ewing. R. F. Henneberry, J. H. Leach, W. :\Ioxley, Jr., J. S. Merryman, J. H. Naas, S. W. Forrest, Isaac G. Roberts. Franklin Supplee, F. H. Taft, J. M. Wheeler, R. O. Waterworth and .John S. Charles, each $1,200. U. S. Measurer.— N. L. Wood, $1,300. Assistaiii Measurers.— 0. S. Roop and W. H. Byrn, each $1,095. INSPECTORS. [Salary of each, $1,460.] A. W. Bolenins. W. J. Bryson, Wm. Brooks, A. Billint^slea, H.J. Brown, L. E. Baldwin, Charles Brown, Jos. F. Carter, J ulius Conrad. Wm. H. Charles, Curtis Davis, Levi Duncan, M. Dundon, G. W. Dowell, T. H. Everett, Joseph Ebanirh, M. B. Fields, G. F. French, R. A. Griffith, U. H. Griffith. S. C. Gorrell, Francis Gates, T. J. Garrison, Henry Gait, D. R. Hosking, W. K. Hammond. Edward Hatton. G. T. Hopkins, G. B. Jean, George James, Sam"! Knode,Wm. B. Lyons. John Lloyd, Salome Marsh,Wm. M. Mavnadier. George Myers, H. McElderrv, R. G. McPherson, J. D. McKean, L. H. Miller, J. B. McNeal, W. I. Nicholls, Benj. O'Hara, G. W. Peacock, Wm. Fr^zier, George Ruths, B. L. Simpson, Jr.. Alex. Smith, J. M. Thackery, J. L. Thomas, Sr., M. W. C. Thompson, James Vail i ant, James Whitehouse, P. W. Webb, Jacob Wickard, A. D.Worthington. J. C. Whitney ; Franklin Hopper, at Havre de Grace, $400. Female Inspectress.— Anna. M. Hopkins, $800. NIGHT INSPECTORS. [Salary of each, $1,095.] S. K. Andrews, Benj. Andrews, Levi Arnett, David Barrett, J. M. Brown, E. J. Brown, J. H. B. Biackstone, J. H. Butler, Wm. Button. H. A. Monroe, Dennis Bankard, O. Cornthwaite, M. Carroll, G. A. Cornish, C. C. Cameron, A. G. Cadwallader, Georcre M. Carson, J. T. Carter, W. M. Chambers, M. F. Connor, W. A. Chapman, Richard Davis, Wm. Edwards, J. O. Fowler, L. C. Fox, R. B. Fisher, .J. .J. GriLrtrs, B. B. Gray, W. H. Hubbard. J. B. Hamilton, Nelson Holland, S. D. Jenkins, C. Kaufman. James Knight, .L H. Lee, R. W. Prvor. N. Pamphilion, C. W. Rumney, Augustine Roberts, J. C. Robins'on. Joshua Robinson, Jolm Sommer, D.O. Strong, J. F. Sprigg, The(jdore Slack. W. L. Snyder, J. H. Seward. B. H. Smith. Armeiiius Tyler, W. K. Travers, W. H. Tucker, W. Williams, Wm. E. Wilson and Benedict Yost. V. S. OFFICERS IN MAUYLAND. 513 Captain of Watch.— T. H. Carmicliael, $1,460. Lieut, of Watch. — James II. Locan, $1,200. Watchmen. — A. W. Shay, J. H. Horner, J. H. Bride, James McKenny, John Lannigan and J. M. Babcock, each $1,095. 'remporary Watchmen. — J. T. Tucker, C. R. Durham and James Sewell, $1,095. Mennenger. — Nicholas Muller, $912.50, Aid to Revenue. — W. H. Richardson. PUBLIC STORES. Supei'intendent of Sto}-e.s.—W. L. W. Seabrook, $1,800. Storeee pers. — C. P. 8pioer, A. S. Cooper, Ignatius Lauer, J. H. Hooper, Pere L. Lynch, J. H. Redue, Wm. Stahl, Wm. H. Picking, W. W. Sullivan, W. E. Wallis, J. S. Manley, W. H. Counselman, J. K. Calwell, C. N. Kuhn, F. M. Collier, Eugene Post and John Thomas, each $1,460. Clerk and Acting Storel-eeper. — J. L. Linthicum, $1,800. CUrk.—B,. B. Evans, $1,200. Foreman. — Frederick Wagner, $1,200. Porters.— G. W. MathisonrG. R. Tliompson, Nicholas Gillard,W. M. Mercer and Owen Gooding, each $1,003.75. Messenger. — J. IL Parker, $900. APPRAISER'S OFFICE. Appraiser. — E. F. Anderson, $3,000. Appraiser Oeiieral — John F. Meredith, $3,000. Clerk to General Appraiser. — R. G. Morgan, $1,400 Assistant Appraisers. — Geo. T. Castle and J. R. Fellman, each $2,500. Inspector of Druqs. — .J. P. Polk. Chief Clerk.— li. C. Maund, $1,800. Examiners. — J. R. King, Alfred Miller, W. H. Myers, Rufus King, Caleb Douty and Win. Galloway, each $1,600. Clerks.— ¥. F. Baury, $1,600; N. Turnbull. A. K. Hadel, Josiah Bankard, S. M. Evans, F. S. Meredith, each $1,400. Foreman. — Samuel Norris, $1,200. Foreman and Sampler.— T. S. Peters, $1,200. Samplers. — W. H. Matthews, E. Wornitz, J. F. Thomas and W. E. Brian, each $1,100. Engineman.—R. H. White, $1,000. Foreman. — Wm. Cummings, $1,000. Openers and Packers. — W. McLane, F. S. Hammond, S. F. Zeigler, W. D. McAllister, J. M. Carter, G. T. Elliott, each $1,095 ; J. W. Ijams. $1,003.75. ' Pm-tcrs.-iohn Hose, Wm. Hall, W. H. Spriggs, T. J. Barclay, J. A. Brawner, Isaac Sprigg, each $1,095 ; R. H. Morsell, $912.50. Messenger.— y^ . T. Brewer, $912.50. 514 U. S. OFFICERS IN MARYLAND. LIGHT HOUSES AND KEEPERS OF MARYLAND. Superintendent — Washington Booth, Collector. r,„ ,„ xn J. TT 11 S James T. Bowlincf $ 540 beven Foot Knoll,, ^ „ , i t> n a ^ >ion ' ( Edwai-fl Bell, Asst 420 Thomas' Point John Wayson 520 Fort Carroll James E. Meads 540 North Point \ '^"^eph Ridgaway 540 \ Margaret Ridgaway, Asst. . . . 400 Lazaretto John A. Phillips 500 Pool's Island Isaac J. Allen 520 Fishing Battery J. D. Bartell 560 Havre-de-Grace Esther O'Neil 500 Sandy Point Abraham Parkinson 520 Turkey Point, Rebecca L. Crouch 520 Greenbury Point Beuj. S. Suit 520 Point Lookout Wm. Yeatman 520 c,i 1 Ti 1 ^Daniel Hope 540 Sharp's Island j Richard M^m 420 Cove Point Charles H. Erdman 560 Leading Point Van Buren I jams 520 Hawkins' Point j Samuel Waterworth 540 \ Hillen J. Waterworth, Asst.,. 400 f Wm. B. Read 540 Love Point, (Kent Island) \ Eugene Burshnell. (ax 420 (Edward Minnick. \^^^^^-^ 400 Craighill Channel — T T, ^ J- W- McDonald, Keeper, 540 Inner Beacon, *^ tt n -nt- i, i ax ^oa ' I H. R. Nichols, Asst., 420 Outer Beacon \ ^^'"- ^- ^^''^''* Keeper, 540 Uuter Beacon, ] F. M. Buckless, Asst, 420 NAVY DEPARTMENT. Pay Director — C. C. Jackson, U. S. Navy, Navy Pay Officer at Baltimore. TREASURY DEPARTMENT. Svpervmng Inspector of Steamhoats. — John Meushaw, $3,000. Local Inspector of Steamboats — (Hull Impector.) — James D. Lowry, $2,000. Local Inspector of Steaniboats — (Boilers.) — W. O. Saville, $2,000. Gler to the Board — (c onsisting of the three Officers above named,) Levi Valentine, $1,600. United, States Pension Agent. — Harrison Adreon, first apiJointed May, 18C9. His commissions are not fixed; salary not to exceed $4,000. He pays the pensions to soldiers in the late war, in the war of 1812, the Mexican war, invalid pensioners, &c., and employs his own clerks. U. S. OFJTICEKS IN MAKYIiALD. 515 THE BALTIMORE POST OFFICE. Post Master.— Ges. A. W. Denison. Salary, $4,000 Assistant Post Master. — Jehu B. Askew. Treasurer. — John ]\I. Denison. General Superintendent. — John D. Taylor. Chief Clerk.— liohert E. Boyd. Money Order Clerics. — J. J. C. Dougherty, Philip D. Boyd, Adolph Von Hartung, Edward Henrix. Registry Clerics. — Lemuel Jones, .Tohn H. Baker. Stamp Glei-ls. — William H. Powell, George W. Johnson. General Delivery Clerk. — James A. Blair. Newspafei' Delivery. — G. W. Claypole. Ladies Window. — Mrs. Deborah O'Neill and Miss Ellen W. Foreign Clerk. — John A. Garies. Mailing Clerks. — Robert Coulson, Jos. W. Dallam, E. D. George W. Alloway, William E. Andrews, William G. Brown, Samuel H. Daneker, J. W. Garraan, J. J. Grove, E. M. Hakesly, A. H. Hen- derson, Nathan Holland, M. S. Ilgenfritz, E. V. Lare, Wm. H. Little, A. J. Norris, J. F. Parrott, J. M. Rothrock, H. A. Smith, W. H. H. Sultzer, H. S. Tagart, E. O. Thomas, D. R. Whipple, A. W. Handy, Thomas A. Lambden, Joseph G. Seiift, A. T. Shreeves, Joseph S. Sol- omon, Joseph Stivers, Henry Williams, B. F. Eney, John S. James, C. W. Snyder, J. T. Armacost, John Appel, Thos. H. 'Chester, William H. Metcalf, Edwin Sandys, Ernest Beck, H. Clay Hawkins. Lowry. Smyser, LETTER CARRIERS' DEPARTMENT. Superintendent. — M. S. Showacre. Assistant Superinteiident. — John T. Kremer. Sixty Letter Carriers are employed making three deliveries daily on the outside districts and five on the business districts. Three collections are made daily from all the Street Letter Boxes, four additional collections are made Irom the Boxes on the business districts. During the past two years they delivered as follows : Mail Letters. 1873, 5,200,696 1873, 4,851,381 Local Letters. 702,343 658,533 Increase, 349,315 Letters Collected. 1873, 4,500,953 1873, 4,020,035 43,819 Newspapers. l,2f>3.153 1,100,070 103,083 Newspapers Collected. 213,542 161,483 Increase, 480,938 52,060 The Revenue of the Baltimore Post Office, for the year ending September 30, 1873, was |305,200. il6 y. 8. OFFICERS IN MARYLAND. UNITED STATES INTERNAL REVENUE. The following are the Collectors and other Officers of Internal Revenue in Maryland : FIRST COLLECTION DISTRICT, Office Baltimore Custom House Building. Collector. — Jas. McIntire. Deputy Collector and Cashier. — C. Marion Leitch. Dqmty Collectors. — John H. Jenkins, Rob't G. King, L. A. C. Gerry, John E. Graham. Chief Clerk.— Yved'yi G. Meyer. Amstant Clerk. — John E Lamb. U. 8. Oaugers.—^ixmvLQl M. Dukehart, E. A. Alexander, V. C. S. Eckert. U. 8. Storekeepers — Thos. W. Donaldson, Thos. "W. Binyon, Joha B. Herold. SECOND COLLECTION DISTRICT, Relay House. Collector. — Dr. Wm. R. Wilmer, of Charles County. Clerk. Wilmer. THIRD COLLECTION DISTRICT, Office Baltimore Custom House Buildlno. Collector.— Tl. M. Proud, salary, $4,500. BepiiUj Collectors.— K. W. Stetman, $1,800; C. H. Cobb, B. F. Sparhawk, J. H. Dittman, H. F, Meyer, W, A. Noel, John S. Price, W. E. AVooddy. each $1,500. Clerks.— 3. H. Price, Wm.Worthington, E. C. DuBois, each $1,100. U. 8. Ganr/ers.-J-ds. T. Caulk, P. T. Darlincj, J. W. Diirgs, R. H. Edwards, G. W. GiMaspey, T. H. Ghidmon, .J. Thomas Hall, F. E. Meredith. Eli S. Prime. W. L. Richards. C. W. Stockett, J. D. Thom- son, Thomas Waters, R. V. Wall is. Compensation — fees for woi-k done, not exceeding $7 for any one day. U. 8. Storekeepers. — John Ashton, John S. Cassell, W. W. Dunbar, H. C. Carter, John R. Magruder, James S. Rawliiis. The salary of the storekeepers is $5.00 i:)er day when actually employed. FOURTH COLLECTION DISTRICT, Cumberland. Collector. — Col. Daniel Bruce. Clerk. — Webster Bruce. U. 8. OFFICKRS IN MARYLAND. 517 THE UNITED STATES COURTS, IN MARYLAND. The Act of Con£Tres8 of 1789, chapter 20, establishod in each State of tlie Union a "Circuit Court," unci also a "District Court." A Judge of the Su))reme Court of the United States was assigned to the Circuit Court of each of the States composing Ids Judicial Circuit, tlie .Judge of the United States District Court in each State, acting as his Asso- ciate. Tl;e State of Maryland is in tlie Fourth Judicial Circuit, wliich also includes Virginia, Western Virginia, North and South Carolina. In 1869, Congress passed an Act jjroviding for the api)()intment of an additional Associate Justice of tlie Supreme Court, which provides as follows : The Additional Associate Justices of the Supreme Court. The Act of (Congress of 1869, cha])ter 22, (March 10th,) enacts, that the Supreme Court of the United States shall consist of the Chiel Justice of the United States, and eight Associate Justices, any six of whom shall constitute a quorum; and lor the purposes of this Act there shall be apjxiiiited an additional Associate Justice of said Court. The second section enacts, that for each of the nine Judicial Cir- cuits there shall be appointed a Circuit Judge, who shall reside in his circuit, and shall possess the same power and jurisdiction therein as the Justice of the Supreme Court allotted to the Circuit. That the Circuit Court in each of the Circuits shall be held by the Justices of the Supreme Court allotted to the Circuit, or by the Circuit Judge of the Circuit, or by the District Judge of the District, sitting alone, or by the Justice of the Supreme Court, and Circuit Judge, sitting together, in which case, the Justice of the Supreme Court shall pre- side; or in the absence of either of them, by the other, (who shall preside,) and the District Judge. Such courts may be held at the aame time in the different districts of the same Circuits; and cases may be heard and tried by each of the Judges holding any such court, sitting apart by the direction of the presiding Justice or Judge, who shall designate the business to be done by each. The Circuit Judge shall receive an annual salary of $5,000. The clerks of the Circuit Courts in each Circuit shall be appointed by the Circuit Judge of that Circuit; and the clerks of the District Courts shall be appointed by the Judges thereof respectively. It shall be the duty of the Chief Justice, and of each Justice of the Supreme Court, to attend at least one term of the Circuit Court in each District of his Circuit, during every period of two years. Any Judge of any Court of the United States, who, having held his commission, as such, at least ten years, shall, after having attained the asje of seventy years, resign his otlice, shall thereafter, during the residue of his natural life, receive the same salary which was by law payable to him at the time of his resignation. Jurisdiction of the United States Circuit Court. "The Circuit Courts have original cognizance concurrent with the Coiuts of the several States, of all suits of a civil nature at common 518 U. S. OFFICERS IN MARYLAND. law, or in equity, where the matter in dispute exceeds, exclusive oi costs, the sura or value of tive hundred dollars, and the United States are plaintiffs or petitioners; or an alien is a party, or the suit is be- tween the citizen of the State where the suit is lirought, and a citizen of another State. And shall have exclusive cognizance of all capital crimes and oflences cognizable under the authority of the United States, and concurrent jurisdiction with the District Courts, of all other crimes and offences cognizable therein." — 1789, ch. 20, sec. 11. Jurisdiction of the United States District Court. "The District Courts have exclusive original cognizance of all ci\^l cases of admiraltj- and maritime jurisdiction, including all seizures under law ol' import, navigation or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels often or more tons burthen, within their respective districts, as well as upon the high seas ; saving to suitors, in all cases, the i-ight of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land or other waters than as aforesaid, made, and of all suits for penalties of forfeitures incurred, under the laws of the United States. And shall also have cognizance concurrent with the courts of the several States, or the Circuit Courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations, or a treaty of the United States, and shall also have cogni- zance concurrent, as last mentioned, of all suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars, and shall also have jurisdiction, exclusively of the courts of the several States, of all suits against consuls, or vice-consuls, except for offences above the description aforesaid," (1789, ch. 20. sec. 9,) and also under the Na- tional Bankrupt Act of March 2d, 1867, ch. 176. The District Courts have concurrent jurisdiction with the Circuit Courts in all offences not capital, by Act of 1842. Fees and Costs. The fees and costs to be allowed clerks, marshals, attorneys and commissioners of the Circuit and District Courts of the United States are established by Act of Congress of 1853, ch. 80. The Courts are authorized to appoint a crier at $2.00 per day. The marshals are au- thorized to appoint bailiffs not exceeding Ave, at !^2.00 per day. The per diem of jurors is $2.00 per day and live cents per mile mileage. Witnesses $1.50 and five cents mileage. The fee of printers for pub- lishing any statute, &c., is 40 cents per hundred words for first insertion, and 20 cents for each subse(iuent insertion. The fees of district attorneys and marshals are limited to $6,000 per year, and clerks to $:3,500 per year. The Judges of the United States Courts are appointed by the Presi- dent of the United States for life, subject to the confirmation of the Senate ; removable only upon imijeachment. Salaries and Compensation. The salary of the Associate Circuit Judge is $5,000 per annum. The Judges of the Circuit and District Courts appoint the clerks of their respective courts; removable at pleasure. [The clerks of United States Courts generally hold their positions for life, unless removed for cause.] U. S. OFFICERS LN MAUYLAND. 519 The office of Cliiel' Justice of the Supreme Court is vacant at the date of this publicution, by the death of Chief Justice Cliase, who was assigned to the Circuit Court of the fourtli Judicial Circuit. Tlie Courts appoint a Crier at !^2.00 per day. The United States District Attorney and 'United States Marshal are appointed by the President, subject to the confirmation of tlie Senate. The United States Marshal appoints his deputies who act as bailiffs of the Courts, at |3.00 per day. JUDGES AND OFFICERS OF THE COURTS. The Judges and Otiicers of the United States Courts in Maryland are as follows : Chief Justice of the Supreme Court of the United States assigned to Hie Fourth Judicial Circuit, (vacant.) United States Circuit Judge. — Hon. Hugh L. Bond, of Maryland, commissioned July 13th, 1870 ; salary ^G.OOO per year. United States BiMrict Judge. — Hon. Wm. Fell Giles, commissioned July 18th, 1853; salary ^-l.Odo per year. United States District Attorney. — Archibald Stirling, Jr., commis- sioned December 21st, 1869 ; compensation $200 and fees. Atisi.'itant United States District Attorney. — Alexander M. Rogers; salary $2,000 per year. Clerh of the Circuit Court. — James W. Chew. Deputy Clerk. — John H. Lowe. Crier. — R. L. Ross. Badi_f.—J. K. Shott. United States Marshal. — E. Y. Goldsborough. Deputy Marslmls. — R. H. Goldsborough, N. H. Creager, Charles A. Bisho]!, John S. Pegley. Engineer. — Henry Zuehrling. Ja;utor.— Benjamin Rassin. Assistant Janitor. — George Briscoe. Terms of the United States Circuit Court. — First Monday in April and November. Terms of the United States District Court. — First Tuesday in ^March, June, September and November. The Circuit and District Courts have the same clerks and other officers. United States Commissioners in Maryland. — Robert Lyon Rogers, Isaac Brooks, Jr., Baltimore city ; Samuel Hafty, Jr., William R. Wilmer, George H. Richardson, George W. Jefferson, Robert B. Pierce, James T. McCuliough, Nicholas Brewer of N. and John J. Law- son, residing in the counties. Fees of United States Commissioners. — By the Act of Con"-ress of 1853, chap. 80 ; the Fees of the United States Commissioners are as follows: For administering an oath, 10 cents. For hearing and decidin'^- on criminal charges, for the time necessarily employed, per day $5.00. •'>30 U. S. OFFICEKS IN MARYLAND. For attending to a reference in a litigated matter in a civil cause, at law, in equitv, or in admiralty, in pursuance of an order of cinirt, (per day,) $3»bo. For taking and certifying deposition to file, for each folio of 100 words, 20 cents. For each copy of the same, furnished to a party on request, per folio of 100 words, 10 cents. For issuing any warrant or writ, or any other service, the same con- pcnsation as is allowed to clerks for like service. For issuing any warrant under the treaty between the United States and Great Britain, or under the convention between the United States and France, against any person charged with crime, &c., $2.00. For hearing and deciding upon the case of any person arrested as above, (per day,) $5.00. COMMISSIONEKS OF THE COURT OF CLAIMS. The following commissioners have been appointed for the United States Court of Claims, for the State of Maryland : Henry Webster, Jer vis Spencer, Charles Marshall, Thomas Martin. Their fees are the same as the lues of United States Commissioners, for taking testimony and similar duties, under the act of 1853, ch. 80. BEGISTEES IN BANKRUPTCY. First Congressional District. — George M. Russum. Second Congressional i;,',si!?v'c«.— Richard B. Norment, Third Congressional District. — Orlando F. Bump. Fourth Congressional District. — R. Stockett Mathews. Fifth Congressional District. — J. Wirt Randall. Sixth Congressional District.—^. F. M. Hurley. THE CENTENNIAL INTERNATIONAL EXHI BI TIO JSr. Maryland Memlers of the Centennial Board of Finance of the Inter- national Exhibition in 1876. The Act of Congress of June 1st, 1872, chap. 259, appointed the following ])ersons from Mary hind. Members of the Centennial Board of Finance'of the Centennial International Exhibition to be held in Philadelphia in 1876 : At Large.— J) aniel R. Magruder, Henry Tyson, Ferdinand C. Latrobe and Thomas A. Spencei'. First Congressional District. — I. C. W. Powell, James U. Dennis. Second Congressional JJistrict. — Alexander Evans, Edward S])encer. Third Congressional District. — James A. Henderson, Wm. M. Marine. Fourth Congressional District. — P. P. Pendleton, Enoch Pratt. Fifth Congre./sicians.— 1st and 2d Wards, Dr. M. J. Gately; 5th and Gth, Dr. John A.Connor; 9th and 10th, Dr. George B. Reynolds; 11th and 12th, Dr. J. E. P. Bouldin; 13th and 14th, Dr. James A. Giilis; 15th and 10th, Dr. C. S. Johnson ; 17th, and 18th, Wilson G. Register; 19th and 20th, Dr. Henry J. Houck. In place of those jire- viously ui)])()inted. Commissioners of PuMic Schools. — 3d Ward, .Tames A. Henderson, vice J. G. Dillehunt, [resigned;] 7th, Robert H. Sinclair, vice J. T. McGlone; 8th, John Johnson, vice IJernard Cassidy ; 14th, C. S. Griffith, jr., vice C. F. Cloud ; 15th, Jno. Ferry, vice dV. A. W. Dodge; IGth, Wm. R. Brewer, vice Joseph McCauley; 19th, I. T.Stoddard, Vice P. M. Snowden ; 20th, B. H. Hobbs, vice Dr. W. C. Chancellor. OFFICERS CHAKGED. 523 Pnrje 504, Commmionera for tJie Improvement of Jones Falls. — Ordi- naiue itpealed and offices abolished. - Bayvieo) Amjlum. — Wm. H. Dillcnderffer, Visiting Physician, vice Robert n. (Joldsmith. Ward Mana^jei-s of the Poor.— 1st Ward, Henrv Sclirocder, vice J, Shinnick; 4th, A. Rosenleld, vice J. R. Andre; 5th, Matthew Chirk, vice J. D. Quincy; 7th, ; 12th, Dennis Kirbv. vice II. F. Stick- ney: Utii, lliruni Sjjiccr, vice A.D. W heatiey; loth, F. Hassenkamp. vice B L. Harig; ITtli. H. Dickens, vice W. Kinsley. Suprrintendents of Chimneij Sweeps.— 'M District, Benedict Hubbell, vice Georjre Shoemack; 6th. Richard Dorry, vice Joseph Anker. P(i(/e 505. Commissioners of Lafayette Square. — William Colton, vice Dr. H. S. Baldwin. Uarkm Square.— C. T. Crane and D. E. Foutz, vice ^Messrs. Riilgely and Murray. Battery Square. — Lewis Ehlers and Michael CuUen, vice :Messrs. Feig and Baxter. Eastern City Spring. — AVm. McWilliams, vice A. J. Saulsbury. Broadway Squares. — Isaac W. Mohler, vice Dr. W. W. White. Watchman at Court House. — Salary increased to |1000. Day and Ni'jht Watchmen City f/ff//.— Salary increased to .$1000 each. P(y'je 50(3, Keepers of Squares. — Broadicay Square. — Peter Duffy, vice David Crotty. FranUin Square.— iohn Lone, vice J. R. Hobbs'. La.mplighters.— Eastern Di.'5 and C. Towson,vice D. E. Tliomas, J. Pentland and G. R. Berry. Fire Commissioners. — Wm. AVilson. jr., President, prmni-ted; Jno. T. Morris, Tliomas \V. Campbell, James A. Bruce and Samuel Kirk. Superintendent of Police and Fire Alarm Telegraph. — C. W. Crum- backer, vice C. J. McAleese. Operator. — Alex. Crunimer, vice C. AV. Crnmbacker. Engine No. 1, L. J. Fresch, hostler, vice W. Burke, George Mackenheimer. fireman, vice G. W. Smith. Engine No. 4, James Walsh aiKl J. Jleyer, firemen, vice J. B. Foreman and R. J. Boyle. Page 509, Engine No. 5, W. Disney, tireman, vice Jos. Pea- cock. Engine No. 6, W. AV. Watson, fireman, vice C. D. Hiss. En- gine No. 7. W. Stanton, engineman, and P. F. Minaritv, assistant en- giiieman, vice T. T. Hall and AV. Stanton. Engine No.' 8, AV. D. Hoof- nagle, assistant engineman^ vice A. Smith, J. JPattersort left the com- pany. Engine No. 9, John Reed, hostler, vice R. Weir ; J. T. Hamey, 524 OFFICERS CHANGED. S. Smith and W. Jameson, firemen, vice W. H. Rilev, F. Perrv and J. W. Keed. Engine No. 10, F. Conway, J. J. McCoy, W. Kussmaul, S. Young and J. Keily, vice Ji>hn E. Morse, Frank B. Conway, John J. Ledden, D. C. Weaver and Lewis J. Fresh. Hoolc and Ln'Wcr No. 1, H. W. Meers, liu'eman, promoted, vice AV. W. Watson; E. Burke, tillerman, promoted, vice W. O. Soliers; J. Ward, J. L. Southcomb, S. Berliner and J. Blunchard, laddermen, vice E. Burke, H. W. Mears, C. C. Simpson and W. Gorsbell. Hook and Ladder No. 2, J. C. Turner, ladderman, vice F. White. CHANGES IN UNITED STATES OFFICERS IN MAEYLAND. Custom. House. — Clerk to Deputy Collector at Havre de Grace, salary raised from $1200 to $ir^OO. E'ngineer to Public Buildings— salary raised from $2.75 to $3.25 per day. Naval Office. — Clerk, James H.Wood; salary $1400. Miscellaneous, Chas. H. Shipley, $1200. Messenger, James N. Miller, vice Christian. Surveyor's Office. — Aid to Surveyor, J. Frank Seiss, vice McNeal. Clerk, J. W. Sliuck, vice Cheeseborough. Messenger, W. A. Wiliyams, vice Taylor. Special Assistant Measurer, office abolished. Assistant AVeighers, R. J. Hall, H. S. Hunt, E. M. Price, Eugene Post, J. W. Start, vice C. Alexander, W. Moxley, F. Supplee, J. M. Wheeler and J. S. Charles. Inspectors.— 'W. L. Snyder, James C. Hill, W. C. Willy, J. D. Brandt, W. H. H. Krebs, vice A. Billingslea, G. W. Dowell, Dr. R. Hosking. Nif/M Inspectors. — C. C. Baldwin. Levi Pennington, H. G. Parker, vice M. Carroll, A. G. Cadwallader, G. M. Carson, W. L. Snyder. Messenger. — J. Christian, vice Muller. Aid to Revenue, salary $1095. Public Stores. — Porter, J. G. Tubman, jr., vice Gillard. Inspector of Drugs, salarv $1800. Clerks, C. S. Schermerhorn, vice F. F. Bausy and J. A. Brawner, $1400. Foreman, salary $912.50, instead of $1000. Light Houses and Keepiers. — Seven Foot Knoll, J. F. Worthington, assistant, vice Edward Bell and Mrs. Bowlny ; salary, $400. North Point, office vacant. Cove Point, assistant, Samuel Ford, $420. Craighill Channel, Inner Beacon, Robert Williams, vice Nicholson; Oute'r Beacon, F. M. Buckley, keeper, vice Wise; and G. M. Clark, vice Buckley, promoted. Special Agent of Treasury on duty at Port of Bait. — G. W. F. Vernon. Clerk, and Messenger. — H. S. C. Green, $1000. Sjjecial lusjjector on duty with Special Agent, W. W. West, salary $1460. UNITED STATES TREASURY. IT. 8. Assistant Treasurer. — Peter Negley, salary $5000. Acting Assistant and Cashier. — T. H. H. Leary, $2500. Clerls. — Josiah N. Jones, $1800; A. H. Barnitz, $1800; W. H. Protzman, $1800 ; L. II. Nice, $1400 ; George R. Page, $1400 ; P. L. Hitesliew, $1400 ; Wm. Fox, $1200 ; Jacob Deems, jr., $1200. Messenger. — Jacob R. Tucker, $840. Vault Watchmen. — John Fague, John J. Bragonier, David Crist, David Grogg, Maurice Albaugh, $720 each. Detective. — THE POLTTICTAN'S REGISTER, See Constitution, Article I, page 23, entitled ''Elective Franchise.''^ REGISTRATION OF VOTERS. The General Laws providing for the Registration <>1' Voters in each County and Baltimore City, was passed April ttth, 1870, Chapter 459, ' as follows: Section 1, repeals all previous Acts. Ooternor to Komiimte Ojficers of Regiatratim — Oath of Office. Sec. 2. The Governor shall nominate, and by and with the advice of the Senate, appoint, at every regular session of the Legislature to be held hereafter, one person in each ward of Baltinuu-e city, and one person in each election district in every county, voters in said wards and districts resjjectivply, to be styled Ollicers of Registration, who shall perform the duties imposed on them by this Article; and all such officers, before entering upon the discharge of their duties, shall take and subscribe, before the clerk of some one of the courts of Balti- more city and the clerk of the Circuit Court of the several counties, respectively, the oath prescribed in the 6th Section of the 3d Article of the Constitution. Books to he Delivered to Officers of Registration. Sec. 3. The clerk of the Superior Court of Baltimore city, and the clerk of the Circuit Court of the several counties, shall deliver to the Officers of Registration for Baltimore city and the several counties, the books of registration in the offices of the said clerks respectively, and also duly certified copies of the lists of qualified voters in their re- spective offices, on the second Monday in September, eighteen hun- dred and seventy, and on the same Monday in every year thereafter. Registration Officers to Demand Bonis, and Protect Booh and Lists. Sec 4. The Officers of Registration, as aforesaid, shall, on the third Monday in September, eighteen hundred and seventy, and on the same day and month, in every year thereafter, dcmanflc'rs to vote ; provided., that he has satisfied said judges that he is the person named in said certificate, and he has ac- quired the residence necessary to entitle him to vote at said precinct or district, and that he has delivered to said judges said c'.'ancate, to be filed with the lists of voters or books of registration for said ward or district ; and provided, furtJier, that no registration of voters has oc- curred in said ward or district, since the holder of said certificate has obtained a residence therein: and said clerk shall record the name of every person to whom such a certificate has been issued, and delivered to the Officers of Registration at the ensuing sitting of said officers a certified copy of said names, so that thereby said officers may be informed that sucli joerson intended to change his residence, but residence shall not be considered as changed until six montlis after actual removal from the city, county, legislative, congressional or other electoral districts in which a vote has been registered. Shall Receive and File Lists — Not Alte); Mutilate or Destroy Lists. Sec. 18. Said Clerks shall receive said copies of lists of qualified voters, and file the same in their office as other papers are filed, and said Clerks shall receive and i:)reserve the books of registration, and said Clerks in the city of Baltimore shall record said lists, and said Clerks shall permit examination of the lists of voters and books of I'egistration in their custody, and in their presence or in the presence of their dejjuties, and they shall not alter, mutilate or deface, or suflfer others to alter, mutilate or deface the said lists of voters or books of registration, excejit as herein provided for ; and said Clerks, w^hen notified by the sherifl'that any one or more of the list of voters com- mitted, to his custody are missing, shall proceed without delay, to make, or cause to be made, a fair and accurate copy or cojiies of said list or lists, and deliver the same to said sheriflf at least twelve hours before the opening of the polls at the election next ensuing. Sheriffs shall Safely Keep Copies of Li.<urpose ; and il" any clerk so appointed shall neglect or refuse to act, he shall forfeit and pay the sum of ten dollars. Oath to l>e Taken. Sec. 9. Every Judge of Election, at every election to be hereafter held in pursuance of law, before he proceeds to take or receive any vote, shall take the following Oath or Affirmation : "I, A. B., do swear (or affirm) that I will permit all persons to vote who shall offer to vote at the election now to be held for county, or city, whose names shall appear on the registry or list of voters furnished to me according to law, as qualified voters under the Constitution and laws of this State, and that I will not permit any person to vote at the same election whose name shall not be found upon the said registry or list of qualified voters; and I will in all things execute the office of Judge of the said election, according to the best of my know- ledge, without favor or partiality, so help me God." — 1807, ch. 374. ClerFs Oath. Sec. 10. Every Clerk, before he enters any vote on the polls, shall take the following Oath, to wit: "I, A. B., do swear that I will well 10 STATE ELECTION LAWS. and faithfully, without favor, aflection or partiality, execute the office of Clerk of the election now to be held, according to the best of my knowledge, so help me God." Who May Administer Oaths. Sec. 11. The seyeral Judges may administer the said oath to each other, or take the same before a justice of the peace, and the Clerks may either be sworn by one of the Judges or before a justice of the peace, and a certificate of every such oath, signed by the person ad- ministering the same respectively, shall be annexed to the polls. Sheriffs to Give Notice of Elections. Sec. 12. The Sheriffs of the several counties, under the penalty of fifty dollars, shall, at least three weeks previous to every election re- quired by law to be held, cause public notice to be given within the respective counties, by advertisement set up at the most public places within each election district of the county, and also by advertise- ment in two newspapers of general circulation in the county, of the time and j^lace of holding the several elections: but if for any cause said notice shall fail to be given, said failure shall not aflect the va- lidity of any election, but it shall be the duty of the Judges of Elec- tion to hold the election in their several election districts, at the time prescribed by law, and at the usual places of holding elections in the several election districts, or at the place in the several election dis- tricts where the last preceding election was held, under the penalty of live hundred dollars for each Judge refusing or neglecting to hold such election. This section not to aj^ply to the city of Baltimore. — 1867, ch. 374. Sheriff to Provide Ballot Boxes. Sec. 13*. The Sheriff' shall, under the penalty of five hundred dol- lars, provide or cause to be provided and delivered to the Judges of Election in each district, previous to or at the commencement of each election, a box for receiving the ballots, and two separate books for the purpose of entering the voters' names. The Hours of Election. Sec. 14. All elections shall commence at nine o'clock in the morn- ing of the respective days of election, and shall continue without adjournment and be closed at six o'clock in the evening of the same day, !ind no ballot shall be taken before the said hour of nine o'clock in the morning, nor after the said hour of six o'clock in the evening. This section not to apply to the city of Baltimore. How Votes Shall ie Offered. Sec. 15*. Every voter shall deliver to the Judge or Judges of the Election in the district or precinct in which he offers to vote, a ballot, in which shall be written or printed the name or names ol' the person or persons voted for, and the purpose for which the vote is given plainly designated, and the ballot so delivered in and received by the Judge or Judges of Election, shall be deposited in the ballot box until the poll be closed. Penalt'j for Unfolding a Ballot. Sec. 16. If any Judge of an election or other person, after a ballot shall be delivered in and before the i^oll is closed, shall unfold or STATE ELECTION LAWS. 11 open any such ballot with design to discover the name or names therein contained, he shall forfeit and pay the sum of fifty dollars. Penalty for Offering Mc/re Than One Ballot. Sec. 17*. If any voter shall offer any more than one ballot with a fraudulent design, he shall forfeit and pay the sum of twenty dollars for every such offence: This section not to apply to the city of Balti- more, where a different penalty is prescribed by the local law. Penalty for Offering to Vote Twice. Sec. 18*. If any person at any election having voted once, shall offer to vote again in the same district or county, he shall be subject to a penalty of ten dollars for such offence. This not to apply to the city of Baltimore. Penalty for Voting Twice. Sec. 19. If any person shall vote twice at one election, he shall be liable to presentment in the Circuit Court for the county in which he may reside, and may be fined not exceeding forty dollars, and im- prisoned not exceeding one month, in the discretion of the court. This section not to ajjply to the city of Baltimore, where a different penalty is prescribed by the local law. Penalties for Illegal Voting in Baltimore City. Sec. 20*. If any person shall remove into any election precinct in the city of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting therein at an ap- proaching election, or shall vote, or offer to vote,"in any election dis- trict or precinct in which he does not reside, (except in the case pro- vided for in the first Article of the Constituticm,) or shall at the same election vote in more than one election district or precinct, or shall vote or offer to vote in any name not his own, or in the place of any other person of the same name, or shall vote in any county or city in which he does not reside, such person, if the oftence be committed in a county, shall be punished by fine not less than ten nor exceeding one hundred dollars, and by imprisonment in the county jail for thirty days, and if the offence be committed in the city of Baltimore, he shall be punished as prescribed by the local law of Baltimore city. Judges may Administer an Oath in Inquiries. Sec. 21. The Judges of Election may administer an oath in any in- quiry they may deem necessary to be made touching the right of any person offering to vote, and if any person shall swear falsely in rela- tion thereto, he shall, upon conviction thereof, suffer the pains and. penalties of perjury. To give Information of Violations of Laws. Sec. 22. It shall be the special duty of the Judges of Election to give information to the respective state's attorneys, of all infractions of this article when discovered by them, under the penalty of twenty dollars for neglect in each case. Penalties foi' Hindering an Election. Sec. 23. If any candidate, or other ])erson or persons, shall practice force and violence, with intent to mtluence unduly, or to overawe, in- lercept or hinder any election, he shall, on conviction thereof in any 12 STATE ELECTION LAWS. court of criminal jurisdiction in the county where the offence was committed, sufler such fine, not exceeding two hundred and fifty dol- lars, and such imprisonment, not exceeding fifty days, as the court siiall adjudge. This section not to apply to the city of Baltimore where a difierent penalty is prescribed by the local law of said city. No Troops to he within View of tlie Polls. Sec. 24*. No commissioned or non-commissioned officer having the command of any soldier or soldiers quartered or posted in any district of any county in this State, shall muster or embody any of the said troops, or march any recruiting party within the view of any place of election during the time of holding said election, under the penalty of one hundred dollars. This section not to apply to the city of Baltimore. How the Votes shall he Counted. Sec. 25. When the poll shall be closed, the box wherein the ballots are deposited shall immediately thereafter be opened by the Judge or Judges of the election, and the said Judge or Judges shall publicly, in the presence of such persons as may choose to attend, carefullj'' take out the said ballots, and read distinctly and aloud the name oi names written or printed thereon respectively, and the Clerks of said electif)n shall carefully enter and keep an account of the same oq the books of the polls, so that the number of votes for each candidate tal- lied thereon may be readily cast up and known. All Duplicate Ballots Rejected. Sec. 26. If upon opening any of the said ballots, there be found any more names written or printed on any of them than there ought to be, or if any two or more of such ballots or papers 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. Two Statements of the Votes Attested hy Clerks. Sec 27. As soon as the ballots shall be read off and counted, and the number for each candidate reckoned up and ascertained, the Judge or Judges of election shall make out, under his or their hands, attested by the Clerks of the election, or cme of them, on the books of the polls, two jilain, fair and distinct statements and certificates of the number of votes which shall have been then and there given for each candi- date, distinguishing the station or ofhce for which he has been voted. Form of Certificate of Judges. Sec. 28*. The said numbers shall be expressed in words at length, and not in figures only, according to the following form, or to the like efiect, to wit: "State of Maryland County, to wit: We the un- dersigned, duly appointed by the county commissioners of said county, or by a justice of the peace or the voters (as the case may be) in due form of law, Judge or Judges of election in this district, No. , do hereby certify and return that we did attend on the of , at , the place appointed by law for holding the elections within said district, and did then and there appoint and Clerks of the election, who severally ([ualifuHl as directed by law: We lurthei- certify, that we did then and there, before a justice of the peace of said county, (or before each other,) qualify as Judge or Judges of the STATE ELECTION LAWS. 13 election, as by law directed, and did then and there, at the hour of 9 o'clock in the niorninif, o])en tlie polls lor an election for , that we continued the jiolls open until o'clock in the evening of the same day, when they were closed, the bullot box opened and the ballots publicly counted, when it appeared that had votes as . Given under our hands at the place of said election, this day oi , . Attested by , Clerk." And the certificate or return of the Judges of Election in the city of Baltimore shall be in like form or to the like effect, with such variation therein as may be required by the local laws of the city of Baltimore. The Presiding Judges to Meet, with the Poll Books. Sec. 29. The presiding Judges of Election, or in case of inability to attend either of the other Judges, shall, within ten days after each election, or as soon as they shall be notified that the returns of the soldiers' vote has been received, shall, under the penalty of five hun- dred dollars, meet at the usual place of holding the Circuit Court of each county, or at the usual place of holding the Superior Court of Baltimore city, in the city of Baltimore, with the books of the polls and the certificate aforesaid. — 1865, eh. 143. Certificates of the Votes Cast— How Delivered. Sec. 30. The said Judges so assembled shall cast up the whole vote of all the districts or precincts, and shall make out two plain, fair and distinct statements and certificates of the number of votes which shall have been given for each candidate, for each of the officers voted for at said election, one of which certificates shall be delivered to the clerk of the court to which they are directed to make their returns, and the other, except in elections for Governor and State's At- torneys, shall be transmitted by mail to the Governor, and in case of elections for Governor and State's Attorneys, the said statements and certificates instead of being transmitted to the Governor, shall, in case of Governor, be transmitted to the Secretary of State, and in the case of State's Attorneys shall be transmitted to the judge of the court Iiaving criminal jurisdiction in the circuit in which State's Attorneys are respectively elected; and from the returns so made, the Governor shall issue commissions to the different persons elected, as provided in the fourteenth Section of the fourth Article of the Constitution of this State.— 1865, eh. 143. Foi'^m of Cei'tificates. Sec. 31. The said Certificates for all officers elected by the voters of a single county or city, except sherifl", shall be in the following form or to the like effect, to wit: "To . Whereas, an election for was held on the first Wednesday of November in the year , in the district (or precinct) in the said county or city distin- guished by number one, &c., conformably to the Constitution and laws of this State ; and whereas, we, the subscribers, attending Judges at the close of the election in said districts, (or precincts,) having this day assembled at the usual place of the sitting of the Circuit Court for said county (or at the usual place of the sitting of the Superior Court of Baltimore city,) with the books of the polls, on which are endorsed the several certificates agreeably to law, and having cast up the whole number of votes given in said districts (or precincts) according to 14 STATE ELECTION LAWS. the certificates made out on the day of election by the Judges, it ap- pears that has the greatest number of legal votes for , whereupon we do determine, declare, and return, that the said is duly elected. Given under our hands this day of Novem- ber, in the year ; and for Sherifl's the certificate shall be in the same form, except that they shall certify that " had ballots and had ballots, and that and had a majority of the legal ballots of the candidates properly qualified." How Certificates Shall he Directed. Sec. 32. The said Certificates for all ofl[icers provided for by the Constitution, except in the case of Governor and State's Attorneys, shall be directed to the Governor; for the Governor they shall be ad- dressed to the Speaker of the House of Delegates, and enclosed to the Secretary of State ; for State's Attorney they shall be addressed to the Judge of the court having criminal jurisdiction in the county or city.— 1865, ch. 143. Certificates for Bepresentatives in Congress. Sec. 33. The said Certificates for Representatives in Congress shall be in the following form: "To his Excellency, the Governor of Mary- land, we, the subscribers, Judges at the close of an election held on the day of in the election districts or wards of county, distinguished by number one, &c., for the purpose of choosing a representative for the • district of this State, to serve in the Congress of the United States, having this day assembled at the usual place of the sitting of the Circuit Court of said county, (or at the usual place of the sitting of the Sujjerior Court in the city of Balti- more.) with the books of the polls, on which are endorsed the several certificates, agreeably to law, and having cast up the whole number of votes given in the said districts or wards, according to the respec- tive certificates made out by the Judges, do return that had votes, and had votes. Given under our hands this day of ." Certificate of Oovernor's Election — How Addressed-. Sec. 34. The form of certificate given in the preceding section shall be used for all oflacers elected by the votes of more than one county, and for electors of President and Vice President of the United States ; but for Governor the certificates shall be addressed to the Speaker oi the House of Delegates. How Judges Shall Certify. Sec. 35. When an officer is elected by the votes of a single district of a county, the Judges shall certify that the persons voted for lor such office have received the number of votes cast for them, respec- tively, in such district, and that has the greatest number of votes in the district, and is duly elected. How Return is Made wlwre a County, <6c., is Divided. Sec. 36. In all cases where a county or city has been, or shall be divided, for the purpose of forming* district to elect a member to the Congress of the United States, the Judges, in making this return, shall designate therein that the said district at which they presided as Judges, is part of district No. — , as laid out by law, to choose a member to represent this State in the Congress of the United States. STATE ELECTION LAWS. 15 The Return Judges may Adjourn, &c. Sec. 37. If, at the time up])ointed for the asseml)lin£r of the said Judges, any of them should be prevented from attending, the Ju Supervisors and SjDecial Deputy Marshals are not to receive pay. ex- cept in towns or cities containing 20,000 inhabitants and upwards. The Act of Congress of 1870, chapter 94, passed May 81, 1870, en- titled, "An Act to enforce the rights of citizens of the United States to vote in the several States in this Union, and for other jjurposes," enacts that all citizens entitled to vote at any election, in any State, county, city, &c., shall be entitled and allowed to vote at all such elections, without distinction of race, color or previous condition of servitude ; nor shall it affect the performance of any pre-requisite to the right of voting, under penalty, to the person not giving full effect 22 ENFORCEMENT ACT OF CONGRESS. to the law, of not less than $500 fine, and imprisonment not over one year. The District Attorneys, Marshals and Dejjuty Marshals r)f the United States, and the United States Commissioners are specially em- powered to prosecute all ])ersons violating this law, in the District or Circuit Courts of the United States, with the same lees as in other cases, &c. SUPERVISORS OF ELECTION. The Enforcement Act, as amended by the Act of 1872, chapter 415, enacts as follows : Sec 8. Whenever in any county or parish in any congressional dis- trict, there shall be ten citizens thereof of good standing, who, prior to any registration of voters for an election for representatives in Con- gress, or prior to any election at which a representative in Congress is to be voted for, shall make known in writing to the Judge of the Circuit Court of the United States for the district wherein such county or parish is situate, their desire to have said registration or election both guarded and scrutinized, it shall be the duty of the Judge of the Circuit Court, within not less than ten days j^rior to said registration or election, as the case may be, to open the said court at the most convenient point in said district ; and the said court when so opened by said judge, shall proceed to appoint and commission, from day to day, &c., and under the hand of the judge, and seal of the said court, for such election district, or voting precinct in said congressional dis- trict, as shall in the manner herein prescribed, have been applied for, and to revoke, change or renew said appointment, from time to time, two citizens resident of said election district, or voting precinct in said county or parish, who shall be of different political parties, and able to read and write the English language, and who shall be known and designated as Supervisors of Election ; and the said court, when opened by said judge, as required herein, shall, therefrom and thereafter, and up to and including the day following the day of the election, be always open for the transaction of business under this act, and the powers and jurisdiction hereby granted and conferred, shall be exercised, as well in vacation as in term time ; and a judge sitting in chambers, shall have the same jjowers and jurisdiction, including the power of keeping order and of punishing any contempt of his author- ity, as when sitting in the court ; 2^-ovided, that no compensation shall be allowed to the Supervisors herein authorized to be ap])ointed, ex- ce])t those appointed in cities or towns of twenty thousand or more inhabitants, and no person shall be appointed under this act as Super- visor of Election, who is not, at the time of his appointment, a quali- lied voter of the county, parish, district, or precinct in which his duties are to be performed. And the third section of the act to which this is an amendment, shall be taken and construed to authorize each of the Judges of the Circuit Courts of the United States to designate one or more of the Judges of tlie District Courts within his circuit to discharge the duties arising under this act, or the act to which this is an amendment, and the words, "any person," in Sec. 4 of the Act of May 31st, 1870, shall be held to include any officer . Haguer, 2,459 ; Baldwin, 2,339 ; Murray, 2,411; Rich, 109 ; Sellman, 29 : Calhoun, 7. Sheriff.— Cixrr, ; Ireland, . County Commissioners. — Dem. Caulk, 2,807 ; Lusby, 2,655 ; Rock- hold, 2,787 ; Weems, 2,799 ; Prout, 2,806 ; Shipley, 2,835 ; WarHeld, 2,776. 72<';5.— Hopkins, 2,399 ; Ridout, 2,423 ; Wartield, 2,375; Cole, 2,387; AValton, 2,265; Owens, 2,382. Surveyor. — Amos R. Harman, d, 2,833 ; Richard L. Brown, k, 2,351. 36 THE COUNTY VOTE. BALTIMOEE COUNTY. C(ymptrolIer.—V^ oo]foTd, d., 4,820 ; Goldsborougb, r., 3,578. Clerk of Court of Appeals. — Franklin, d., 4.786; Price, r., 3,616. Honse of Delegates. — Dem. Fowler 4.814; IMerr^'man, 4,770: Bricker- man. 4.803 : Matthews, 4,611 ; Turner, jr., 4,670 ;" Keech, 4.865. Rep.— Hooi:)er, 3,633; HolTman, 3,593; Brady, 3,602; Whitelock, 3,563; Abbott, 3,565 ; Jones, 3,532. Cleric of Circuit Cmirt. — Bacon, c, 4,791 ; Emory, r., 3,584. Register of "n7?k— Mitchell, d., 4,841 ; Turner, r., 3,538. Sheriff.— Bvit\eT, d., 4,674 ; Everhart, r., 3,661. Trea^surer. — Partlett, d., 4,799; Longnecker, r., 3,579. County Commissioners. — Bern. McCaulev, 4.436 ; Rider, 4,567 ; Jor- dan, 4,601. i?e^.— Matthews, 3,794; Corre, 3,734: Miller, 3,754. Suneyvr. — Wm. H. Shipley, 4,692; (no opi^osition.) CALVERT COUNTY. Comptroller.— 'SS[ocMordi, D, 1,025: Goldsborough, r, 1.096. Clerh of Court of Appeals. — Franklin, d, 1.028 : Price, r, 1,095. Clerk, of Circuit Court.— SoWera, d, 1,037; Bassford, r, 1,063. Register of Wills.— Smith, d, 1,004; Dr. B. S. Dixon, r, 1,099. House of Delegates. — Dem. Owens, of S., 1,017 ; Sedwick, 997. Rep. Turner, 1,084 ; Dr. Bird, 1,122. County Commissioners. — Dem. Alex. Somerville. 1.003; C. R. Belt. 982; Dr. J. F. Ireland, 988. i?ep.— Perry Ross. 1,122; R. W. Yoe, 1,135: W. C. Fowler, 1,114. Sheriff.— Vi'm. A. Gibson, d, 890; Frank Cox,r, 1,138. CAROLINE COUNTY. Comptroller. — Woolford, D, 1,237; Goldsborough, r, 1,189. Clerk of Court of Appeeils.—FmnkYm. d, 1.240; Price, r, 1,186. Slate Senate.— t). Fields, d, 1.219; A. J. Willis, r, 1,187. House of Delegates. — Dem. AV. H. Dewees, 1,201 ; J. F. Dawson, 1,261. 7?^A— H.'W. McColley, 1,162: J. H. Williams. 1,210. Cleric Circuit Court.— 3. W. Temple, d, 1,215; S. M. West, r.. 1,210. Sheriff.— 3. E. Johnson, d. 1,234; T. F. Corkran. r, 1,194. Register of Wills.— J. B. Steele, d, 1,240; Wm. Stevens, r, 1,186. County Commissioners.— Dem. H.Wilson, 1,230; J. M.Whitby, 1,237; R. Y. Collins, 1,225. Rep. J. T. Hynson, 1,179; S. 31. Carter, 1,189; Wm. Noble, 1.213. Surveyor.— E. W. Gordy, B, 1,219: S. H. Nelson, r, 1,182. THE COUNTY VOTE. CARROLL COUNTY. Comptroller.— WooUovd, D., 2,959 ; Goldsborougb, R., 2,CG0. Clerk of Court of Appeals.— YrnnkVm, D., 2,959; Price, r., 2,000. House of Delegates.— Dem. Waters, 2,980; Vanderlbrd, 2,934; Brown, 2,877 ; Gait, 2,977. 7?ep.— Switzer, 2,628; Winemiller, 2,095 ; Myerly, 2,589; Ways, 2,652. 'Register of Wills.— ^(AV/., c, 2,882 ; Norris, r., 2,715. Clerk of Circuit Cowrt— Shaw, d., 2,903 ; Stouffer, r., 2,650. iSAm;?'.— Devilbliss, D., 2,949 ; Gardner, r., 2,657. Counti/ Commissioners. — Dem. McKinstry, 3,028; Devrics, 2.928; Murray, 2,910. i?e/h— Shipley, 2.654 ; Reese, 2,692; Hough, 2,023. 2V.— Brown, 1,910; War- then, 1,923; Fawcett, 2,079 ; Offutt, 1,908; Thomas, 1,932. Sheriff.— Waters, v. 2,356; Watkins. r., 1,884. Surveyor.— Gradj, d., 2,355 ; Keefe, r., 1,624. PEINCE GEORGE'S COUNTY. Comptroller. — Woolford, d., 2,263 ; Goldsborongh, r., 2,429. ClerJc of Court of Appeals.— FrankVm, D., 2,262; Price, r., 2,429. Senutor.-ClnTke, d., 2.292; Suit, r., 2,366. mmse of Deleaates.—Dem. Wilson, 2,279; Guy, 2,331; Stanley, 2,285. i2ep.— Etchison, 2,391 ; Robey, 2,248 ; Latchford, 2,372. County CZe?'/t.— Brooke, d., 2,342 ; Widdicombe, r., 2,349. Sheriff— \JndeT^\uwd, d., 2,182; Wallis, r., 2,403. Cmmty Commissioners.— Dem. Hill, 2,255; Clarke, 2.290; Piles, 2,241; Turton, 2,220; Jenkins, 2,262. i2e;>.— Hill, 2,420; Duvall, 2,386; Brashears, 2,417; Duvall, 2,427; Lusby, 2,387. County Surverjm'. — Bowie, d., 2,259 ; Jackson, R., 2,425. QUEEN ANNE'S COUNTY. Comptroller. — Woolford, d., 1,906; Goldsborongh, r., 1,584. Clerk of Court of Appeals.— YvawkVm, d., 1,904 ; Price, r., 1,584. Clerk of Circuit Court.— llohhs, d.. 1,878; Dyott, r., 1,616. Register of M/k— Dudley, d., 1,878 ; Hewitt, r., 1,589. Sheriff.— BsiWay, d., 1,900; Hand, r., 1,589. I^eqislature. — Dem. Thompson, 1,889; Kemp, 1,858. Rep. — Mal- lalieii, 1,605; Ford, 1,598. County Commissioners. — Dem. Tanner, 1,873; Hackett, 1,859; Price, 1,849. Bep.— George, 1.617; Ilayden, 1,611 ; J. Mallalieu, 1,625. County Surveyor. — Elliott, d., 1,899; Sheppard, R., 1,589. Local Option. — For, 898; against, 687. TUK COUNTY VOTE. 41 ST. MART'S COUNTY. Comptroller. — "Woolford, d., 1,468; Goldsborough, r., 1,485. Cleric of Court of Appeals. — Franklin, d., 1,485; Price, r., 1,454. Senate. — Billingsley, d., 1,532 ; .Jones, ind., 1,448. House of Delegates. — Bond, u., 1,406; Colton, i. d., 1,380; Lawrence, R., 1.322; Miles, r., 781; Stone, d., 506. Clerk of Circuit Court. — Ford, d., 1,545; Camalier, r. D., 1,252; Sut- ton, R., 178. RegUterof Wills. — Ralev, d., 1.530; Love, r., 1,403. Sheriff.— FoxweW, r., f.32S; Alvey, d., 1,018; Edwards, D., 616. Coxmty Coi7imissioners.—¥-dVi^oiis,i. D., 1,402. Bern. — Abell, 1,328; Tennison, 1,316; Dorsey, 1,368; Fenwick, 1,269. , SOMERSET COUNTY. ComptrolUr. — Woolford, D., 1.790; Goldsborough, r., 1,743. Clerk of Court of Appeals. — Franklin, 1,823; Price, r., 1,784. Register of Wills.— Gii\e, D., 1,832; Gunby, 1,769. State Seriatplicnnt ought not to be admitted, he shall not be entitled to another hearing for admission in any Court of the State, until twelve months alter the first application. Attorneys of other States, <&c., Admitted. Skc. 6. The Courts of this State shall admit the lawj'ers of another State or Territory, upon the same terms that the Courts of said State, •fcc, admit the citizens of Maryland ; provided, that the terms of ad- mission to the bar in said State, tfcc, are regulated by law. » ATTOKNEYS AT LAW. When the Court may Exercise its Discretion. Sec. 7. If not regulated by law in said State, &c., the Courts of this State shall admit such applicants or not, in their discretion. Right of Appeal. Sec. 8. A rejected aj^plicant has the right to appeal to the Court of Appeals. Fees of Attorneys. Sec. 9. Prescribes the Fees of Attorneys, for which see Article 38, Section 9, page 202. Oath of Attorneys. Sec. 10. Every Attorney, or other practitioner at law, shall, in open Court, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will at all times, demean myself fairly and honorably, as an Attorney and practitioner at law; that I will bear true allegiarce to the State of Maryland, and support the laws and constitution thereof, and that I will bear true allegiance to the United States, and that I will support, protect and deleud the Constitution, Laws and Government thereof as the supreme law of the land, any law or ordinance to the contrary notwithstanding. — 1837. ch. 126." ^ Courts may Suspend an Attorney for Cause. _ Sec. 11. The Judges of the Court of this State, may susi)end for a time, any Attorney whose demeanor is disrespectful to the Court, &c., or fine him not over fifty dollars for one oflence. Attorneys to Forfeit $100 far Neglect. Sec. 13. Any Attorney who shall suffer a cause to be discontinued by negligence in not bringing it to a decision within the time limited by law, shall forfeit one hundred dollars and all costs of suit, one-half to the party aggrieved, and one-half to the State, for the use of the County where such fine arise. Courts may Adjudge Attorneys to Pay $10 Costs. Sec. 13. The Courts of the State may in their discretion, when it shall appear to them that any plaintiff' or defendant in any action brought in any Court, shall suffer by the negligence or omission of any Attorney, immediately adjudge such Atttu-ney to pay the lawful costs accruing from such negligence or omission, not exceeding ten dollars. But if the costs exceed that sum, the party shall be left to his remedy at common law. Sec. 14 relates to Petitions of Freedom. What Officers are Not Alloioed to Practice Law. Sec. 15. No Sheriff' or Deputy Sheriff", Warden, or Keeper of a .Taib or any of his Deputies ; no Warden, or Keejjcr of any Penitentiary, or Deputy Warden or Keeper thereof, shall be admitted to practice as an Attorney in any of the Courts of this State, under penalty of fifty dollars for each ofl'ence. Limiting the above Prohibition. Sec. 16. No Register of Wills or Clerk of unv Court, shall practice, as Attorney at Law, in any of the Courts of this State, whatsoever, nor shall any Deputy Register of Wills, or any Deputy Clerk of any ATTORNEYS AT LAW. b Court, practice as Attorney at Law in any Court of this State of which he is an officer, or to which he may be attached as a deputy or as- sistant officer. — 1868, cli. 404. No Judges to Act as Attorneys. Sec. 17. No Judge of any Court of this State, including the Judges of the Orphans' Courts, shall act as Attorney or Solicitor in any Court of Law or Equity in this State, during the time for which he shall act as such. BALTIMORE CITY. The Supreme Bench to Make all Useful Rules, &c. The Constitution, Article 4, Section 33, authorizes the Supreme Bench of Baltimore City, to make all useful rules and regulations for the conduct of business in each of the Courts of the City, dm-ing the session thereof, and in vacation or in chambers, before any of said Judges. Rules and Regulations. The 7th Rule of those adopted by the Supreme Bench of Baltimore City, for the conduct of business in said Court, is as follows : Row Applications are to be Made. Rule 7. Applications for admission to the bar shall be made to the Supreme Bench, at a regular term thereof, whereui^on the applicant will lie referred to two gentlemen of the bar to examine and report upon his fitness for admission, upon which report the Court will take action. An admission to the Supreme Bencli, will admit to practice in all the State Courts of the City of Baltimore. In the case of mem- bers of the bar from other States api)lying for general admission to practice law here, this Court will pursue the provisions of the 6th Section of the 11th Article of the Public General Code; and where the application is made to any of the Courts for admission, for the purpose of a special trial, the Judge presiding at the trial in that Court, will act thereon under the same provisions of the Code. The following list of Attorneys at Law, in Baltimore City, contains the names of all those who have been admitted to the bar, by the Su- preme Bench, under the Constitution of 1807, commencing Nov., 1868. The names of a few Attorneys, who are residents of the Counties, or other States, will also be observed, who have been admitted to the bar of the City by the Supreme Bench. The Supreme Bench requested the Attorneys at Law, in previous practice, to qualify beibre the Supreme Bench, under the above rule. The list includes the names of a few lawyers of long standing, who have retired iVom practicL-, or engaged in other business, who have not qualiiied under the rule of the Supreme Bench. ATTORNEYS AT LAW. ATTORNEYS AT LAW IN BALTIMORE CITY. Addison A. IMerrill. 5 St. Paul. Adreon Harrison, U. S. Custom H. Albert Talbot J., U. S. Court H. Alexander Julien J., S. E. cor. Charles and Lexington. Alexander Wm. 32 St. Paul, Allston J. Blvth. 32 St. Paul. Allison Richard T. Anderson AVm. H. H. 23 Lexing'n. Andrews Robert. Appletrarth R. W. & Frame J. 40 St. Paul. Arthur Henry Thomas. Asburv G. W. Atkinson J. T. Audoun Jos. H. 10 Law Buildin£r. Baer T. S. & McGlone J. T. 15 St. Paul. Baker T. Otis. Baker Fred. T. Baldwin O. P. jr. Baldwin R. W. & Trippe R. C. 42 St. Paul. Baldwin Robert. Bannon Michael. 82 St. Paul. Barnitz Covington D. 71 AV. Fa- yette. BarroU Benj. C. 54 Saratoga. BarroU Wm. Vincent, 5 Courtland. Barton R. & Wilmer S. 35 St.Paul. Basil John, jr. Barry Llewellyn F. Bateman A. W. cor Lexington and St. Paul. Bates Ed. Bayley, 31 St. Paul. Bradley C. W. Brand Thos. J.,Mosher and Etting. Baxlev J. Rienian, 31 N. Calvert. Blanciiard E. Wvatt. 57 St. Paul. Blackiston T. Wallis, 37 St. Paul. Blackburn J. C. Battee R. Ridgely, 5 St. Paul. Bausch John. Bavne Richard. Beall George T. jr. 31 St. Paul. Beasten Charles, jr. 48 St. Paul. Bedford J. R. D.\t S. Coulton, S. C. 35 Lexington. Berridge M. C. 31 Lexington. Benson Oregon R. 15 St. Paul. Benzingor Fred'k F. 19 Law Bldg. Bcvan Thos. H. 13 Courtland. Biorbower Austin. Brent Jos. L. Brent R. F. 20 Lexington. Brewer John M. 140 Division. Briscoe D. S. 32^ St. Paul. Bond Hugh L. Bond E. J. 19 Lexington. Bowen Jesse N. Brooke Frank'n E. P. 2 Courtland. Brooke Henrv L. Brookes Henry P. 9 N. Calvert. Brooks Isaac, jr. 37 Lexington. Bruue F. W., Brown Stewart and Brown A. G. 40 St. Paul. Brown Charles W. Brown David R. 617 W. Fayette. Brown Fred. J. 33 St. Paul. Brown Robert Riddle. Brown Wm. J. 153 N. Paca. Brown Sebastian & R. H. Smith, 53 St. Paul. Browne Arrell P. 65 W. Fayette. Browning Arthur. Browning Warlield T. 36 Lexing'n Bowie Walter W.W., Strieker near Patterson Avenue. Boyle Llewellyn, Druid Hill Ave- nue extended. Bond Beverlv W. Bond G. Morris & Tidv J. B. jr. 8i St. Paul. Bouldin Randolph J. 31 X.Calvert. Boylston W. Cloud, 35 St. Paul. Brewer John B. Brundige Thos. W. 32 St. PauL Burton William. Bullock W. R. Butler Oliver N. Buchanan Jas. A. 41 St. Paul. Buchanan Jas. H. 40 St. Paul. Buchanan Jas. M. 41 Lexington, Buchanan J. Rowan, 41 Lexing'n. Bui'hanan Wm. Jefierson, 29 St. Paul. Buchanan E. Key & Sachse Chas. 1 Lexington. ATTOKNEYS AT LAW. Brj'anWm. Shepard, 52 N.Calvert. Brviin J. Ilairv. Bryant J. Y. 277 Mulberry. Bump Orlando F. lo St. JPaul. Burgwyn Win. H. S., Corner Cal- vert and Saratoga. Busey Wni. M. 85 W. Fayette. Butler John J. Cade John. Carr Wilson C.N. Carr Alfred J. 23 Lexington. Carey Wilson M.jr. 41 St. Paul. Cave John M. Clark W. Irving. Clark Francis P. cor. South and German. Clark Jas. L. 38 Loxinii:ton. Clarke Edv/d. J. IGCuurtlandand 45 St. Paul. Clarke Daniel, 35 St. Paul. Clarke Thos. J. 19 Lexington. Chandler Geo. H., 41 Lexington. Carter John M. 40 St. Paul. Carter Bernard, 25 Lexington. Carroll James, Charles nr. Centre. Carson John, 65 W. Fayette. Carson John K. Camiihell Duncan G. 31 St. Paul. Campbell K. B. T. Carpenter John C. Carlisle J. S. Claude Dennis, 35 St. Paul. Grain Peter W. C N. Calvert. Crane Wm. AV. Cremin S. A. Chesliire .L Blount, ]r. ClendinenT. K.cc Wilson Chas. G. over S. W. cor. Charles it Lex'n, Cinnamond Geo. R. 2 Spurrier ct. Chitton Harris J. Coe Roderick D. 37 Lexington. Cole Wm. H. Cohen Jacob J. 511 St. Paul. Coleman Chapman, 131 N.Charles Colby John M. Conrad L. Lewis, 29 Lexington. Cross W. B. B. Cook Gilbert C. Cook Fred. C. Cowan H. T. 427 E. Eager. Cowan Wm. H. 5 Courtland. Cowen .T. H., Camden Station. Cross E. J. D. 31 Lexington. Constable All)ert. Cromwell Hamilton C. 8 Spurrier court. Crowndcld Herman F. V. K. Collins Wm. H. 34 St Paul. Coburn George, 31 St. Paul. Cull Roger W. Dallam Henry Clay, 51i St. Paul. Dallam Wm. L. 7 Courthmd. Daniel Wm. 7 Courtland. Dawson Wm. H., S. E. cor. Fayette and North. Demson Charles. Dennis J. M. Dennis J. Ui)shur & Scott Jno. jr. 51 W. Fayette. Dennev Jas." W. 31 St. Paul. Ditty C. Irving. 31 St. Paul. Dobier John, 289 N. Front. Dobler John K. Dobbin H. A. 44St. PauL Dobltin Thos. M. 44 St. PauL Dorsey J. T. B. Dors(;y Thos. Beale. Donaldson Thomas, 38 St. Paul. Donaldson Jno. J. 38 St. Paul. Dugan C. L. Dugan, Hammond & Bigger R. H. 8i St. Paul. Dulanv H. Rozier, 40 St. PauL Duff \Vm. E. 115 S. Broadway. Duffy Edward, 15 St. Paul. Edgar .lohn M. Evans Chas, A. over Chesapeake Bank. Evans Alfred D. 2 S. Front. Early Eugene A. Edwards J. S. Emery Sobine. Emery Wilmer. Emory D. C. H. 47 St. Paul. Eiclielberger W. Hay. Eichelbergcr Wm. Wirt. Emmons H. L. ir. 3 & 4 Law Bldg. Falls Wm. K. ' Farnandis Walter, jr.59AV. Fayette Fay John C. Ferguson J. Dugue, 32 Law Bldg. Fiselier Louis C. 31 Lexington. Fischer J. Randolj)!!. Fox W. Tazewell, 20 Law Bldg. Fox Ilan-y W. Forrest Douglas F. 6 ATTORNEYS AT LAW. Forrester Allen E. 36 Lexington. Fowler David, 49 W. Fayette. Frick .J. Swan, 43 Lexington. Frick Wni. F. over 43 Lexington. Friese Philip Cover 75 W.Fayette. Gale Levin, 34 St. Paul. Gantt Samuel N. Garritee Charles E. Garland Spots wood, 25 Lexing'n. Grafl" E. Boatty, 5 St. Paul. Graham Jno. V. L. 48 St. Paul. Grasty Thos. 631 W. Lombard. George William, 31 N. Calvert. Green Jas. B. & Green Melville G. 6 St. Paul. Greenbaum Daniel, 31 Lexington. Gleeson Wm. E. W Lexington. Glenn Wm. W. 6 N. Calvert. Giles W. F. jr. 54 W. Fayette. Gill D. D. Gill Geo. M. 38 St. Paul. Gill John, Jr. 38 St. Paul. Gill N. Riilus, 32 St. Paul. Godwin Parker. Gwinn Clias. J. M. over 43 St. Paul. Grilhn Thos. W. 212 Eastern Av. Grindall John J. Griffith R. J. Griffith W. B. Griswold Elias, 31 St. Paul. Grove J. S. Glocker Albert C. 11 Courtland. Glocker Theodore, 11 Courtland. Goldsborough W. Eiwell, 25 Lex- ingtim. Goodenow John, 251 W. Lombard. Guest George, ]r. Hack Oliver F. & Chilton H. F. 15 Law Building. Hack Frederick H. St Paul and Saratoga. Hall Thos. W. jr. 48 St Paul. Hall W. H. H. 7 Courtland. Hall W. H. 7 Courtland. Handy .John H. Handy A. W. Harnum H. L. Hanibleton D. G. 27 N. Callioun. 1 lamhleton S. Douglas, 46 St. Paul. llaiiiilton Richard, 35 Lexington. Hamilton Wm. H. A. 4.) St. Paul. Hamilton W. Campbell, 7 Court- land. Hagner A. B. Harris J. Morrison, Spurrier ct. Harrington Benj H. Hammond Wm. Allen. Hayward Wm. H. Haves Thos. G. 75 W. Fayette. Hekdie Frederick C. 51i St. Paul. Heighe John M. 38 St. Paul. Heyer TheophilusL. 123 S. Wolle. Henderson T. E. Henderson T. Frisby, 48 Saratoga. Hennighausen Louis, 23 Lexing'n. Heuisler Joseph S. 23 Law Bldg. Hewitt M. L. 57 N. Exeter. Hill Wm. B., N. E. cor. Fayette and St. Paul. Hilgert Henry. Higgins Edwin, 27 Lexington. Hinkley Edw. Otis & Morris Thos. J. 43 N. Charles. Hobbs Alex. H. 32 St. Paul. Hobday Edv/ard, 4 Courtland. Hoge J. Blair. Hoffman Wm. E. 8} St. Paul. Hoffman Henry W. Iloblitzel Fetter S. 23 Lexington. Hooper Geo. G., N. E. cor. Sarato- ga and St. Paul. Hoopes Wm. P. 5 Si)urrier ct. Howell Morris G., Spurrier ct. Hopkins Thos. A. 80 W. Fayette. Horwitz Benj. F. 37 Lexingtcm. Horwitz Orville. 23 N. Calvert. Horwitz Theo])hilus B. 25 Lex'n. Hough Saml. J. 38 Lexington. Houston J. A. Howard McHenry, 41 Lexington. Hulse A. P. Iluuhes Thos. & Gordon. H. G. 42 St. Paul. Hunter Thos. J. Hutchins Thos. T. over 75 W. Fay- ette. Hyde Jas. 82 St. Paul. Ing John H. 54^ W. Fayette. Israel l':d\v. 32 St. Paul. Israel J. Robt. In-lis Jno. A. 38 St Paul. Inglis L. Chas. 38 St. Paul. Inulis Jno. H. Jamison Baker A. 7 Law Bldg. ' Jewett Jno. E. Jenkins M. Courtney, 6 St. Paul. ATTOllNEYS AT LAW. Johns R. II. ir. 19 Lexington •Johns II. V.']). .lohnson II. Edgar. .lolinsion Jolin, '62 St. P Richard L. 19 McCulloh, Smith H. Tillard. Smith J. H. B. 185 K Charles. Snowden Samuel, 87 W. F'ayette. Snyder John J. 43 N. Calvert, Sorecki Isadore A. Spamer C. Aug. E. 43 N. Charles. Spates A. Worth, 53 St. Paul. Spence Carroll, 241 St. Paul. Spencer Jervis. Spencer Jervis, jr. Spencer W. C. Stanley Chas. H. 29 Lexington. Stanchfield S. D. 23 Lexington. Starr Edward V. Staub 11. P. H. 45 St. Paul. Steele Jas. Nevett, jr. 29 Lex'n. Steele I. Nevett, 29 Lexington. Stevens F. Putnam, 63 W. Fayette. Stewart Jos. E. Stewart Jos. J. 149 N. Republican. Stewart John, 33 St. Paul. Stewart W. E. 9 Courtland. Stewart Wm. A. 8^ St. Paul. Stirling Archibald, jr. 20 N. Cal- vert and U. S. Court House. Stoddart Sylvester. Stockbridge Henry, 55 St. Paul. Stockbridge S. L. 55 St. Paul. Sumner A. AV. 79 McCulloh. Supplee Franklin, 73 W. Fayette. Sweaney Dennis S. Swinney Epaphroditus, 63 W. Fa- yette Tayiirt Samuel H. 43 Lexington. Taylor V»'inlic!d J. :;5 St. Pauh Tavlor Archibald Henderson. Taylor F. Alex. 121 Bank. Taibott J. F. C. Teackle St. GeorLfe W. 29 Lex'n. Teackle John, "^".i Lexington. Terret Colville Penrose. Thayer Nathan'l J. 71 N. Charles. Thomas Dan'l M. 29 Lexington. Thomas John S. Thomas P. F. Thomas .John H. Thomas George Leiper. Thompson Irvin. Thompson E. A. Thompson Chas. Thornton F. A. 392 Entaw Place. Tiernan Chas. B. 32 Law Build'g. Tormey F. D. 8 St. Paul. Townsend Alpheus A. Trayham Jas. T. Trundle Wm. Burns, K E. cor, Saratoga and St. Paul. Turni)ull Lawrence. Tnrner S. E., ir. 41 K Charles. Tyson John S. 29 St. Paul. Vcnable Richard M. 29 Lexing'n. Walker Moses R. 35 St. Paul. Waliis S. Teackle, 37 St. Paul. Wallis & Thomas, 37 St. Paul. Ward Wm. Jessup, 29 St. Paul. Ward Francis X. 28i St. Paul. Ward Lewis. Warner George, jr. 15 St. Paul. Warrington Thos J. 23 Lexing'n. Waterman Wm. J. 83 W. Fayette. Watkins John N. 411 W. Fayette. Watkins Nicholas W., Courtland near Lexington. Watkins N. J. Watson J. J. C. 87 S. Ann. Wel>stcr Henry, 9 N. Calvert. Weincr Chas. J. 53 St. Paul. Wentz Henry C. 65 W. Fayette. Wentz John B., jr. 65 W. Favette. Whclan Thomas, ]y. 16 St. Paul. Whitney Milton & Johns II. V. D. 19 N.' Calvert. Whyte Wm. Pinkney, 21 Lex'n. 10 ATTORNEYS AT LAW. Wliyte W. HoUingsworth, 21 Lex- ington. Williams Henry, 41 St. Paul. Williams E. A. Williams T. Nottingham, 1 St. Paul. Williams E. Colvin, 33 St. Paul. Williams Geo. Hawkins, over Chesapeake Bank. Williams Lloyd W. 1 St. Paul. Wills John, 144 W. Baltimore, Willis Geo. Roberts. Wilcox A. J. Wilcox Chas. 253 E. Biddle. Wilson A. W. Willson John Wm. 1 Courtland. Winder Wm. Sidney, 31 N. Cal- vert. Winston P. H. 31 St. Paul. Wolff Alexander, 17 Law Build'g. Woodward G. W. Wright D. Girard, 37 Lexington. Wright Riley E. 63 W. Fayette. Wyatt Chas. H. 31 Lexington, Wysham Henry C. 41 Lexington. Yearley Eugene E. 95 N. Front. Yerger E. M. 43 N. Broadway. Yerkes Wm. L. i i MEDICAL AND CHIRUEGTCAL FACULTY OF MARYLAND. The following is a list of Physicians in this State, who are members of the "Medical and Chirurgical Faculty of Maryland," or Society of Physicians and Surgeons. This Association was incorporated Jan- uary 20th, 1799, and its charter was amended by the Acts of 1801, 1805 and 1832. The Faculty convenes annually in Baltimore city on the first Tuesday in Ajiril, and semi-annually at such place and time as it may designate. Tliose names marked "L. M." are "Licentiates of Medicine," having a license granted by the Faculty, under the authority of its charter, which is equivalent to a diploma. The following are the Officers of the Society, elected April 15th, 1873: President. — Dr. Charles H. Ohr, of Allegany. Vice-Presidents. — Drs. Samuel C. Chew, H. M. Wilson and A. B. Arnold. liecording Secretary. — Dr. W. G. Regester. Assistant Secretary. — Dr. G. L. Taieyhill. Corresponding Secretary. — Dr. Lindley Ellicott. Treasurer. — T)r. J. Gilman. Executive Committee. — Drs. John F. Monmonier, John Morris, John Neff, B. C. Williams and Dr. Thomas S. Latimer. The following is a list of members in Baltimore City: Aiken Wm. E.A. 178 W. Baltimore Albers Henry, 95 S. Sharp. Armitage James, 14 N. Paca. Arnold A. B. 7 S. High. Baldwin E. C. 124 N. Exeter. Barry Wm. J. Benson Geo. W. 144 Hanover. Bosley Grafton M. Bvrd Harvey L. 336 N. Fremont. Brown R. W. Chatard Ferd. E. 118 Park. Cockrill J. J. 23 S. Broadway. Cox E. Gover, N. W. cor. Balti- more and Pine. Chisolm J. J. 55 Franklin. Gurrey Jas. H. 78 S. Paca. Chancellor C. W. 174 Walsh. Conner John A. 210 E. Baltimore. Dulin Alex. F. Delout^ehry Ed. Davis'Wm. H. 193 K Howard. Donaldson Frank, 112 Park. Dasliiell Nich. L. 207 S. Broadway. Diflfenderfer Wm. H. 1 S. High. Dickson Jno. 201 Madison avenue. Doisey Robt. E. 215 Madison a\^ Dodge A. W. 201 Hanover. Evuns Thos. B., S. E. cor. Ann and Aliceanna. Eastman Lewis AL 349 Lexington. Ellicott Lindley. 193 N. Howard. Fulton Robert,'53 S. Sharp. Gilman Judson, 172 Saratoga. Graves John J. Handy Je^se T. Hartman And. 305 N. Caroline. Harris John C. 360 Lexington. Hecker Fredk. D. Heldman.L A. 120 Pearl. Houck J. W. 75 E. Baltimore. Howard E. Lloyd, 53 Cathedral. Inloes Henrv S. 262 W. Hoffman. 13 MEDICAL AKD CniRURGICAL FACULTY. Irons Edward P. 52 S. Broadway. Jones Cbas. H. 530 W. Fayette. .fobnston Christopher, cor. Frank- lin and Park. Johnson George. James Jacob B. Jenkins Felix, corner Greene and Mulberry. Kemp ^Xm. M. 55 N. Greene. Keidel Georrre, 23 S. Eutaw. Kinnemon R S. 73 E. Pratt. Kloman Wm. C. Keller Josiah G. 89 N. Greene. Kemp W. F. A. 55 N. Greene. Landis Edward. Lawrence D. H. 63 S. Broadway. Lee R. C. 140 Hanover. Latimer Thos. S. 248 Madison av. Linthicnm J. G. 847 W. Baltimore. Littell N. AV., Franklin and Pearl. Martin Saml. B. 131 E. Pratt. Mackall Leonard, 151 N. Calvert. McSherry Richd. 189 N. Howard. Miltenberger Geo.W. 152 W. Lom- bard. Morris John, 5 Franklin. Monmonier Jno. F. 225 E. Balto. and cor. Calverton and Read. Morris Edward A. Mackall Richd., L.M. 100 Faratoga Morawitz Leopold, 137 W.Fayetie Morgan G. E. 31 Courtland. Morgan W. P. 175 Saratoga. Mahon O. S. 138 N. Excler. Miles F. T. 14 Cathedral. Mitchell J. E. 192 N. Calvert. Moorman J. J. McKew Dennis J. McKnew W. R. 847 W. Baltimore. Moran J. J. Mathieu J.C.Ferd. 71 S. Broadway Noel Henry R. 10 N. Carey. Pick Carolus, 16 N. Eden. Prince A. W. Powell John F. 72 E. Pratt. Powell Samuel F. 29 Ai^qiiith. Annval Memhers, 1873.— Thomas R. Brown, J. E. P. Bouldin, J. M. Cockrill, P. Chapman, ir., J. J. Caldwell, O. J. Coskery, A. Friedman, J H. Grimes, R. H. (goldsmith. C. B. Gambol, G. A. Hartman. G. Liel)- man, T. C. Maddux, John Neff, H. J. Penrod, Jos. Parrish, George L. Robinson, J. D. Thompscm, E. G. "Walls. The Society has sixteen non-resident members residing in other states. Pape George E. 55 N. Eutaw. Reirester Wilson G. 845 W. Bait. Riley Williiim. 47 Lexington. Rich Artliur. ir. 30 N. Fremont. Ricliardson C." C. 302 W. Lombard. Reuling Geo. 60 N. Charles. Rcnnolds H. T. 186 Aisquith. Smith Kathan R. 89 Saratoga. Stewart Jas. A. 103 Park. Scliwartz Edwd. 19 N. Calhoun. Stokes Wm. H. 141 St. Paul. Starr Hezekiah, 16 N. Liberty. Stevenson James, 106 N. Carey. Steuart R. S., Fred. nr. Catonsville. Spaulding A. J. Sappington Thos. 112St.PauL Smith Alan P. 45 Franklin. Schock J. L. Sullivan J. M. 116 Thames. Tannar Joseph. Tyson Samuel M. Todd George B. 427 W. Fayette. Tiffany S. McLane, 31 Cathedral. Taneyhill G. Lane, 85 W. Biddle. Uhler John R. 122 K Greene. Van Bibber W. C. 47 Franklin, Warfield Jesse L. W^roth Peregrine, 18 Patterson av. Wroth Thomas G. Wroth Wm. J. 144 W. Biddle. White Edward H. Wilkins Joseph, 17" Lanvale, Wilson H. M. 251 Madison av. Wilson H. P. C. 150 Park. Williams P. C. 201 Madison av. Whittriclge Wm. 181 K Charles. Wavscm Geo. W. 18 Aisquith. Wifhelm J. T. 169 W. Lombard. "Wlnslow Caleb, 33 McCulloh. ^\'iss Edward. Walton H. Roland, cor. Carey and Lexington. White Walter W.250K Broadway Yeates John L. 41 W. Biddle. Yeates H. P. P. 117 K Exeter. MEDICAL AND CIIIRURGICAL FACULTY. 13 Tlie following is a list of members residing: in the counties of tins State : AlUiiaity County.— T)o\\fr\\iiY\y B. A., :McCormick W. II., Olw Clias. II.. Porter C4. Ellis. Pii)er AVm. j., Simpers Chas. T., Smith James M.. Smith A. G., Smith Saml. P. Anne Arundel County. — Cheston James, Owings Dr.,Pue Arthur, jr.. Waters Jas. AV. Baltimore County. — Cole Isaac J., Caldwell Saml. H., Dickson Isanc N., Gill Edw. jr., L. M., Griffith Lewis, Johnson Thos., Jones Phillip G., Kinic David, Ward Jas. Roht. Cahert C'y(/«fy.— Pettenbridg" J. P., Parker John C. McDaniel, L. M. Carroll County. — Billingslea'james L., Shower Jacob. Cecil Connti/. — Evans Jno.. Eraser Alex., L. M.,Eislier Jno., Mitchel Alex., L. ]M., Oldham Wm. H. Charlea County. — Ferguson Jno. P., Ford Jos., Jamison Luke, L. M., Jamison Charles. L. M., Lancaster Calistus, L. M., :Mills Edw., L. M., Wills F. R. i^7w7mfA: Co?/^?^.— BaerChas. A.. Eichelbergcr J. W.. Grimes Wm.H.. McPherson AV. T., Steiner Lewis H., Smith John 11. ,M. Harford County.— Q\\?,?,cy Henry G.,Gillett Jacob. Hall AV.AV..Hor- ton AV. L., L. M., Hepburn Jas., Montgomery AVm., L. M., Ponv Benj. J., Prig£T Joseph, Sappington Richard, Sliegog AVm., L. M., Worthing- ton t. D. Montgomery County. — Anderson James, Anderson John W., Carroll Geo. A.', Davis Thos. J.. Dorspy AA'm. H., L. ]\I., Duvall AA'ashington, Harwood Thos. N., Palmer AVm. P., Waters AV. A., AVaters AA''ashing- ton, AA'illson Otho, AVillson Horace, AA'illianis Thos. M. Prince Georae's County.— BcK AA^iltcr T., Calvert Edw. H.. Duvall Thos. AV., EdWards Charles, Edelin Horatio. L. AL. Edelin AVm. J.. Edelin Rich'd J., L. M., Everstield Edw., L. M., Hamilton C.. Latimer Jolin F., Lee Thomas, Marshall Wm., Scott Thos. jr., L. AL, AVaters Franklin. Queen Anne's County. — Hall .J. H. St. Mary's County.— Bavhav Phillip, Briscoe Walter H. S., L. M.. Neale Stephen L. D. Somerset County. — Clark Jolin H., Kerr .1. S., Kerr Samuel. TaWot Counti/.—\ni}re Dr., Eiliert AV. N., Hardcastle E. M., Jones William, Alillcr John, AVilson AV. G. G. Washington County. — Anderson Alfred, L. M., Adams Amos, L. M., Bishop E. Tracy, Edward Owings T., Hays Jos. C, Hickman Benj., Helm Meredith, Johnson Thos. R., Mossman James, Rubel Peiers, Smith Zebina, Smith Otho. J., Young Samuel. 37 THE FEE TABLE Of the Medical and Ciiirurgical Faculty of Maryland. The foUowiug table contains the standard foe? of the Medical profession of Balti- more, subject, however, to the several rules which are appended. 1. It is a guide to the physician in making chaiges for his services. 2. It informs those to whom the physician renders services what compensation, in the opinion of the profession, he oiiglit to receive. 3. If a physician, in rendering an account, regulates his charges according to a fee table approved by his brethren, it will certainly remove the necessity of litigation, with all who are disposed to make bouorablc remuneration for the services Ibey have received. MEDICAL PRACTICE. First Visit from $ -2 00 to § .5 00 Each Subsequent Visit ;i 00 vo 3 00 Single visit and advice in special cases where the Physician is not the regular attL-uilnnt .5 00 to 10 00 Day visits at a time appointed by the patient or his friends, Z 00 to 5 00 First consultation visit 5 00 to 15 00 Each subsequent consultation visit, 2 00 to .t 00 Night visit, (between 11 P. M. and sunrise.) .... .5 00 to 10 00 Detention with patient all night 10 00 to 20 00 Visit beyond the present limits of the City, for every mile, in addition to usual charge, (night visit double.) . .100 Advice anywhere except at ollice 2 00 to 10 00 In case of several patients in same family, charge visit to one and advice to other, each 1 00 Advice at the Phvsiciau"s office, according to importanco, (night double",) 1 00 to 10 00 For written opinion 5 00 to 10 00 For opinion involving a question of law, . . . . 10 00 to 50 00 For oral opinion as to health of patient 2 00 to 10 00 OBSTETRICAL PRACTICE. For ordinary case of midwifery from .?1.5 00 to JTjO 00 For preterniitnral case of midwifery, U.") 00 vo 7.5 00 For extracting placenta alone 10 00 to 2J 00 For case of miscarriage, charge as in ordinary case of mid- wifery. Examination per vaginam, 5 00 to 10 00 Introduction of pessary, 5 CO SURGICAL PRACTICE. Vaccination, . , from $ .1 00 to $ 5 00 at office 2 00 Gonorrhea or syphilis, (fee in advance,) 15 00 to ,50 00 Amputation of large limbs, through conliiiuitv of bones, . TO Oil ro 100 00 through larire joints, ...... 50 00 to 100 00 " toes or fingers 5 00 to 20 00 " through tarsal or metatarsel and carpal or me- tacarpal bones 25 00 to 50 00 Excision of diseased joints, large, .50 00 to 100 00 Operation for necrosis or exostosis, 2.5 00 to .50 00 Trepanning :50 00 to 100 00 Teuotomv --0 00 to VA) 00 Reduction of dislocations 10 00 to 100 00 .\dju>nncnt of fracture of long bones, ..... 10 (W to ".000 Operation for lithotomv llO 00 to 200 00 Reduclion of liernia. (by taxis,) 10 00 to :!0 00 Operation for hernia SO 00 lo KHI 00 Important operations on the eye, 20 00 to S'.Kj 00 FEE TABLE. Minor operations on the eye. Dressing recent wounds, opening abscess, introducin; ton or issue Each subsequent dressing in addition to visit. Extirpation of polypus, " Extirpation of tuiiior Operation for tistuhi in aiio or in perineo. Introduction of catlietcr or Ijoiigie Paracentesis thoracis, abdominis or vesicae, . Operation for liydrocile Operation for aiieuri>ni Tying large arteries in case of wound, Operation for hare lip, Extraction of foreign -uhst^nces, .... Operation for tracheotomy, .... Using stomach pump. Resection of prolapsus aui, Operation for stricture of urethra Operation for i)liimosis or paraphimosis, Operation for Invmorrhoids Operation for imperforate anus or vagina. Removal of tonsils or uvula, .."... Extirpation of testicle, Amputation of penis Evulsion of uail on finger or toe, .... Resection of joints, Fracture of ciauium without'trepanning. Fracture of jaw Operation for ranula Division of fnenum Operation for recto vaeinal or veeico vaginal fistula. . Post mortem examination in case of legal investigation. Post mortem examination at request of family. Examination for life !U;^urauce, For family physician's certificate for life insurance, to be paid in advance by the 00 to 1(1 (HI to in 00 to .■Ml (K1 to •j.^ on to v> on to .5 (K) to ■2'> 00 to 10 no to 5 (HI to .'^.(1 m to 5 on to an CO to 2.1 i.'O to ir. 00 to .50 IX) to 20 CO to :- (Ml to .50 (K) to m 00 to 2.i tXl to .5 (10 to 2 00 to ,50 00 to 2,5 00 to in no to .5 00 10 00 10 (X» 1 00 10 00 2 00 .50 00 200 00 50 00 10 00 .30 00 .30 00 100 00 50 00 50 00 :» 00 100 00 30 00 10 00 200 00 20 00 100 00 100 00 20 00 KKt 00 .50 00 30 00 100 00 50 00 100 nn 10 00 5 00 1,50 00 100 00 20 00 I. The foregoing table contains the Standard Fees of the medical profession of Baltimore. All bill.s shall be rendered in conformity with the above fee tables. They may be increased, according to the judgment of the practitioner concerned, in all cases of extraordinary detention or al tendance ; also, in proportion to the importance of the case, and the responsibility attached to it. and the services rendered, when these are extraordinary. They may be diminished at the discretion of the physi- cian, when he believes the paiient cannot aflbrd to pay the regular fees and yet is able to make some compensation. It shall be considered, however, as uii professional, to diminish the standard fees with a view to mercenary competition. II. It is not designed by these regulations to prevent gratuitous services to those who are incapable of making remuneration without distressing themselves or fa- milies. III. It is expressly enjoined on the members of the profession to decline all oflers of a specific fee for attendance during any given period of time, as a measure une- qual and often unjust in its action on one or other of the parties, and as derogatory to the character and dignity of the medical profession in general. IV. When the circumstances permit, every physician should present his account immediately after his attendance in an attack of oickuebs. This ghaU be purticnlarly ilteudcd to iu ca^es ol Uiiuw ifery and sur^tiy. THE STATE PUBLIC SCHOOL OFFICERS. [See Public School Act of 1872, page 237.] THE STATE BOARD OE EDUCATION. (TRUSTEES OF STATE NORMAL SCHOOL, Ex-Ojiivio.) M. A. Newell. President; Dr. Samuel Kepler, Secretary, Baltimore county ; P. A. Witmer, Washington county ; George M. Lloyd, Charles county ; Dr. John P. K. Gillis, Worcester county. THE STATE NORMAL SCHOOL. Board of Instruction. — M. A. Newell, Principal ; Sarah E. Richmond, Vice-Principal; Mary Borgman, Principal of Girls' Model School; William H. TolsoD, Principal of Boys' Model School ; Mary C. Newell, Latin and Elocution; Ellen C. Godfrey, Librarian, Geography and Botany ; V. Marion Conser, History and Calisthenics ; Emil Kett, Drawing; Henry Allen, Instrumental Music. THE COUNTY SCHOOL COMMISSIONERS. The following is a list of County School Commissioners in the Coun- ties of the State : Allegany. — A. Gondor, President, Cumberland ; Jessie Wilson, Oak- land ; Nathan S. Frost, Frostburg ; G. G. McKay, Secretary. Anne Arundel. — Daniel T.Hyde, President, Annapolis; Dr. N. T. Knighton ; Wm. H. Perveil, Secretary. Baltimm-e. — Wm. Isaac, President, Towsontown; O. P. MacGill, Towsoutown; Geist, Reistertown ; James Hall, J. E. Swift, 218 S. Broadway ; Samuel Kepler, Secretary. C'alcert. — B. D. Bond, President, Port Republic ; Dr. Thornton Dor- sey. Dr. John S. Smith ; Rev. Samuel Cornelius, Secretary. Caroline. — Col. J. E. Douglass, President, Preston ; Wm. S. Ridgely, Denton; Dr. H. C. Comegys, Greensborough ; Rev. George F. Beaven, Secretary. Carroll. — Wm. Reese, President, Westminster ; F. L. Herring, David Prugh, R. C. McKenny ; Alfred Zollickoffer, Uniontown ; J. M. New- son, Secretary. Cecil. — Francis S. Everest, President, Port Deposit ; George Biddle, Samuel J. England ; Rev. John Squier, Secretary. CIiarlcs.—Dr. Thomas A. Carrico, President, Port Tobacco ; Edmund Perry, John St. Mitchell, Port Tobacco ; George M. Lloyd, Secretary, Port Tobacco. Dorchester.— Br. G. L. Hicks, President, Connersville; John Tub- man ; Dr. J. L. Bryan, Secretary. Frederich. — James R. Wheatley, President, Middletown ; John W. White, L. M. Nixdorf, Ephraim Stoner, James A. Deven ; Andrew Kessler, Jeflerson ; John W. Page, Secretary. STATE DONATIONS TO COLLEGES, ACADEMIES, &C. 17 Garrett.— W. A. Brydon, President, Bloomington; F. H. PVost, G. W. Deluwder ; Asa Mattlievvs, Secretary. Harford.— Dr. E. Hall Hichardson, Tresident, Belair ; Dr. W. W. Virdin, Dr. S. Scarhor<)ui{h ; Kohert Henry, Secretary. Howard.— liev. Mi: Sheplierd, President, EUicott City; Win. Clark, Dr. Williams ; Dr. W. II. Hardy, Secretary. Kent.— Wm. Janvier, President, Kennedy ville; 11. F. Massey, R. W. Jones; Eben F. Perkins, Secretary. Montgu)7}eri/.—iiiimue\ Jones, President, Offutt's X Roads; W. M. Talbott, Wni. T. Jones; James Anderson, Secretary. Pri7ice Oeorge's.—Di: J. H. Blandibrd, President, Tee Bee; R. B. B. Chew, Gr. P. Tiffany; Dr. M. J. Stone, Secretary. Queen Anne's.— lion. R. B. Carmicliael, President, Queenstown ; Dr. Geo. W. Parvis; J. W. Thompson, Secretary. Somerset.— Bv. Wm. Stewart, Piesident, Princess Anne; Dr. Samuel F. Robertson, Berry T. Jones; Wm. E. Jones, Secretary. St. Mar fs.— John F. Dent, President, Milestowu; Henry J. Carroll, Wm. L. Thomas; Benjamin Tippett, Secretary. Tallot. — Henry P. Hopkins, Pi'csident, Easton ; Jas, E. McDaniel, Wm. M. HoUiday; A. Chaplain, Secretary. Washington. — Dr. Wm. Ragan, President, Hagerstown ; B. A. Gar- binger, Thos. H. Crampton, Wm. B. McLain, Henry S. Eavey ; P. A. Witmer, Secretary. Wicomico. — E. E. Jackson, President, Salisbury; G. W. Freeny, Train A. Borens; Geo. W. M. Cooper, Secretary. Worcester. — Dr. John P. R. Gillis, President, Whaleyville ; George C. Townscnd; Geo. M. Upshur, Secretary, Snow Hill. STATE DONATIONS TO COLLEGES, ACADEMIES, &c. The following are the Colleges receiving State donations in this State : St. John's College, Anne Arundel, $15,000. State Normal School, Baltimore city, !|y,500. Maryland Agricultural, Prince George's, $<),000. Frederick, Frederick Co., $800. Western Maryland, Carroll, $1,080. Baltimore Female College, Baltimore city, $3,500. Wash- ington College, Kent, $8,500. The following are the Academies and Schools receiving State dona- tions in this State : Bladensburg, Montgomery, $200. Centreville, Queen Anne's, $600. Cambridge — Male Seminary, Dorchester, $571. Cambridge^Female Seminary, Dorchester, $500. Charlotte Hall, St. Mary's, $1,600. Church Hill, Queen Anne's, $200. Darlington. Harford, $400. Fair- mount, Somerset, $400. Manchester, Carroll, $110. Maryland Inst, for Deaf and Dumb, Frederick, $25,000. Maryland Inst. ibr. Instruc- tion of Blind, Baltimore city. Manual Labor School, Baltimore county. Millington, Kent, $200. North-East Classical Institute, Cecil, $200. Hockville, Montgomery, $800. Salisbury, Wicomico, $400. St. John's Literarv Institute, Frederick, $400. St. Mary's Fe- male Seminary, St. Mary's, $2,500. St. Edward's Female Seminary, Cumberland. Shrewsbury, Kent, $100. Upper Marlboro', Prince George's, $800. West Nottingham, Cecil, $500. 18 THE SCHOOL EXAMINERS. THE SCHOOL EXAMINERS. The following is a list of Examiners to examine candidates for Teachers in the diflerent Counties: G. G. McKay, Allegany, 125 schools, salary $1,600. W. H. Perveil, Anne Arundel, 52 schools, salary $1,100. Dr. Samuel Kepler, Balti- more, 120 schools, salary $1,()00. Richard Stanforth, Calvert, 21 schools, salary $750. Rev. G. F. Beaven, Caroline, 41 schools, salary $600. J. M."^ Newsou, Carroll, 96 schools, salary $1,000. Rev. J. Squier, Cecil, 72 schools, salary $1,500. G. M. Lloyd, Charles, 37 schools, salary $800. Dr. J. L. Bryan, Dorchester, 02 schools, salary $1,000. John W. Page, Frederick, 128 schools, salary $1,600. Rob- ert Henry. Harford, 82 schools, salary $1,000. Dr. Wni. H. Hardey, Howard, 30 schools, salary $1,000. Chas. G. Ricaud, Kent, 42 schools, salary $500. James Anderson, Montgomery, 53 schools, salary $1,200. Dr. M. J. Stone, Prince George's, 43 schools, salary $1,400. Jas. W. Thompson, Queen Anne's, 47 schools, salary $1,200. Rev. A. C. Hea- ton, Somerset, 58 schools, salary $600. J. Frank Ford, St. Mary's, 38 schools, salary $750. Alex. Chaplain, Talbot, 41 schools, salary $1,000. P. A. Witnier, Washington, 116 schools, salary $1 .000. Geo, W. M. Cooper, Wicomico, 53 schools, salary $490. Geo. W. Coving- ton, Worcester, 49 schools, salary $750. 20 THE KATES OP POSTAGE. four and not over eight ounces, 6 cents; over eight and not over twelve ounces, 9 cents. Quarterly, not over four ounces, 1 cent ; over four and not over eight ounces, 2 cunts; over eight and not over twelve ounces, 3 cents. Payment must be always in advance, must be made for not less than one quarter, and the quarter (three months) paid for may hegin at any date, it not being necessary, as was Ibrmerly the case, to pay to the end of an official quarter. Postage on printed matter to Canada antl other British Xortli Amer- ican Provinces can be prepaid only to the boundary line — the rates being the same as on domestic matter of the same kind. TiiiKD Class. — [Packages of mailable matter of this class must be prepaid by stamps, and n)ust not exceed the weight prescribed by law (which is ticelce ounces, except in the case of books and other printed matter, and except packages of cotton, woolen and linen cloth- ing sent to non-commissioned officers and privates in the army.) All packages exceeding the prescribed weight are subject to letter postage.] On pamphlets, occasional publications, transient newsi)apci's, mag- azines and periodicals, handbills, posters, sheet-music, unsealed cir- culars, prospectuses, hook manuscripts and i)roof-sheets, printed cards, maps, lithogi-aphs, prints, chromo-lithographs and engravings, seeds, cuttings, bulbs, roots, and scions, 1 cent for each two ounces or frac- tion thereof, weight of packages limited \o four pounds. On flexible patterns, samples of ores, metals, minerals, and merchan- dise, dry articles of merchandise, (samples or not,) sample cards, pho- nographic paper, letter envelops, postal envelops and wrappers, un- printed cards, jilain unci ornamental paper, photograjjlis, and all other articles for which other rates of jx^stage are not prescribed in this table, and which are not by law excluded from the mails, 2 cents for each two ounces or fraction thereof, weight of packages limited to twelve ounces. On books, 2 cents for each two ounces or fi-action thereof, weight of packages limited to four pounds. On packages of woolen, cotton, or linen clothing, addressed to non- commissioned officers or privates in the army of the United States, 1 cent for each ounce or fraction thereof, weight of packages limited to two pounds. On unsealed circulars, newspapers, (whether transient or addressed to regular subscribers— excepting tceekly jjapcrs, which may be deliv- ered to subscribers on prepayment of regular (juarterly rates,) and on periodicals not exceeding two ounces in weight, when any of the same are deposited in a letter-carrier office for delivery by the office or its car- riers, 1 cent each. On periodicals exceeding two ounces in weight, when deposited in a letter-carrier office lor delivery by the office or its carriers, 2 cents each. Postal Cakds, on which messages, orders, notices, and other short communications may be printed or written in pencil or ink, may be procured at any post office, at a cost of 1 cent each, and can be sent through the mails without further charge. The message, etc., must be always written on the hack of the card. If anytliing but the address is written on Xhcface, letter postage must be paid by stamps, or the card will not be forwarded. Notliing w'hatever must be at- tached to the card ; and a blank postal card attached to another one for THE RATES OF POSTAGE. The following compact statement of Eates and Rules of Postage, under the late Post Office Law, will be foniKl useful : [All domestic mail matter (except newspapers, magazines and peri- odicals sent to actual subscribers from a known office of publication) must be prepaid by postage stsimps. There is no franking privilege, and no "iree" mail matter. A letter on which one full rate of postage is prepaid, but on which further postage is chargeable, will be forwarded, when deposited in a post office, and the deficient postage collected on delivery. If the postage is left wholly unpaid, or is pre- paid less than one full rate, it will be "held for postage," and sent to the Dead Letter Office. Should it reach its destination by inadver- tence, however, it will be charged with dortUe postage on delivery. '■One full rate" means, in the case of mail letters, three cents. All mat- ter other than letters must he, fully prepaid, or it will not be forwarded except jjossibly by inadvertence, in which case douUe postage will be collected on its delivery.] Tlie following are the rates payable on the different classes of do- mestic mail matter: First Class.— On letters, sealed packages, mail matter wholly or partly in writing (except look manuscripts and corrected proof sheets passing between^authors and publishers, and except local or "drop" let- ters ;) on all ]-)rinted matter so marked as to convey any other or lurther information than is conveyed by the original print (except the correc- tion of typographical errors;) on all matter not otherwise chargeable with letter postage, but which is so wrap})ed or secured that it can- not be conveniently examined by postmasters without destroying the Avrapper or envelop; on all newspapers, magazines, and periodicals sent from publishers to subscribers and inclosing ariy article ichatever except /w/ur. /7Ve supplements or bills and receipts for subscriptions ; and on all packages of matter not in itself chargeable with letter p()st- age, but in which is inclosed or concealed any letter or other thing chargeable with letter postage, 3 cents /or each half-ounce or fraction there()f, weight of packages limited to four pounds. On local or "drop" letters, at offices where free delivery by carriers is established, 2 cents for each half-ounce or fraction thereof, weight of packages limited to four pounds. On loc+d or "drop" letters, at offices where free delivery by carriers is not established, 1 cent per half-ounce or fraction thereof, weight of packages limited to four jwunds. Second Class. — On newspapers and periodicals to regular sub-^ scribers (payalle quarterly in enrrencji either at the o_j.ce of mailing or of delivery.) iVhen i)ublished daily, aS cents per quarter; six times per week, 30 cents; tri-weekly, 15 cents; semi-weekly, 10 cents; weekly. 5 cents. When published less frequently than once a week, the I'ollow- ing arc the quarterly rates : Semi-monthly, not over four ounces. 6 cents ; over four and not over eight ovuices, 12 cents ; over eight and not over twelve ounces, 18 cents. Monthly, not over four ounces, 3 cents; over THE RATES OF POSTAGE. 21 reply will be cancelled and rendered useless for that purpose. Postal cards will he fo7-icarded from one office to another, in case of removal of the person addressed, but will in no case be returned to writer, nor sent to Dead Letter Office, nor advertised. Domestic Money Ordeus are issued at any money order post office in the United States, payable at any other money order post office, in sums of not more than iil'ty dollars. Larger amounts can be sent to the same person by additional orders. Kates: On orders not exceeding $10, Scents; over $10 and not exceeding .$20, 10 cents; over $20 and not exceeding $30, 15 cents; over $30 and not exceed- ing $40, '20 cents; over $40 and not exceeding $50, 25 cents. FoKEiGN Money Okdeks. — At the principal money order post offices in the United States, (including all the larger post offices,) money orders, payable at money order post offices in Great Britain, Ireland and Switzerland, may be procured at the following rates: On orders not exceeding $10, 25 cents: over $10 and not exceeding $20, 50 cents ; over $20 and not exceeding $30, 75 cents ; over $30 and not exceeding $40, $1 ; over $40 and not exceeding $50, $1.25. Orders can also be obtained on Germany, at the following rates : On orders not exceeding $5, 15 cents; over $5 and not exceeding $10, 25 cents; over $10 and not exceeding $20, 50 cents; over $20 and not exceed- ing $30, 75 cents ; over $30 and not exceeding $40, $1 ; over $40 and not exceeding $50, $1.25. Unclaimed Letters. — All letters remaining unclaimed for thirty days in a post office after being advertised, are sent to the Dead Let- ter Office, except letters bearing a request to return to the writer if not called for within a specitied time, and letters bearing the name and address of the writer on the outside. Such letters are not adver- tised, and are not sent to the Dead Letter Office, but are returned direct to the writers. The use of "request" envelops is recommended to the public. Forwarding Letters Free. — Prepaid and free letters are for- warded from one post office to another at the request of the jJersons addressed, without additional postage. But a letter that has been once delivered to an authorized i^erson cannot be remailed to a new address without the prepayment of additional postage. Drop letters, when forwarded by mail to another post office, must be prepaid at 3 cents per half-ounce. No mail matter except letters or postal cards, can be forwarded to a new address except on prepayment of postage by stamps at regular rates. Registered Letters. — Letters can be registered to any part of the United States and Territories on paymcnr of a registration lee of 15 cents; to Great Britain, Ireland, Germany, Italy, Switzerland, Hol- land, West Indies, and Panama, on the payment of a lee of 8 cents; to Canada, Nova Scotia, New Brunswick, and Prince Edward's Island, on payment of a fee of 5 cents; and to the princi])al countries of Europe, and certain ports and cities of Asia and Alrica, (m pay- ment of fees varying from 8 to 17 cents. All registration lees must be paid by stamjis, and the postage on all registered letters must also be prepaid in full by stamps. The public are desired by the Post Office never to send money or valuable articles in unregistered letters. Postmasters at all post offices are obliged to register letters and pack- ages when requested to do so. 23 NEWSPAPER POSTAGE. PREPAYMENT OP NEWSPAPER POSTAGE. Page 19. The Act of June, 1874, amended the Postage Law as follows : Six. 5. That on and after the first day of January, 1875, on all newspapers and periodical publications mailed from a known office of publication or news agency, and addressed to regular subscribers or news agents, postage shall be charged at the following rates: On newspapers and periodical publications, issued weekly and oftener, two cents a pound and fraction thereof; less frequently, three cents a pound and fraction thereof; Provided, that nothing in this Act shall be held to change or amend sect. 99 of the Act of June 8th, 1872. Sec. 6. That on and after the first day of January, 1875, upon the receipt of such newspaper and periodical publications at the office of mailing, they shall be weighed in bulk, and postage paid thereon by a special adhesive stamp, to be devised and furnished by the Post- master General, whicli shall be affixed to such matter, or to the sack containing the same, or upon a memorandum of such mailing. Skc. 7. That newspapers, one copy to each actual sul)scriber re- siding within the county where the same are printed, in wliole or in part, and published, shall go free through the mails; but the same shall not be delivered at letter-carrier offices or distributed by car- riers, unless postage is paid thereon as by law provided. Sec. 8. That all mailable matter of 3d class, referred to in Act oi' June 8th, 1873, may weigh not exceeding four jiounds for each pack- age thereof, and postage shall be charged thereon at the rate of one cent for each two ounces or fraction thereof. Sec. 9. That the Postmaster General, when in his judgment it shall be necessary, may prescribe by regulation, an affidavit in lorm, to be taken by each publisher of any newspaper or periodical publication sent through the mails under the provisions of this Act, or news-agent who distributes any of such newspapers or periodical publications under the provisions of this Act, or employee of such publisher or news-agent, stating that he will not send, or knowingly permit to be sent, through the mails, any copy or copies of such newspapers or periodical publications except to regular subscribers thereto, or news-agents, without prepayment of the postage thereon at the rate of one cent for each two ounces or fractional part thereof; and if such publisher or news-agent, or Employee of such publisher or news-agent, when required by the Postmaster General or any special agent of the Post Office Department to make such affidavit, shall refuse so to do, and shall, thereafter, without having taken such affidavit, deposit any newsjiapers in the mail for transmission, he shall i)e deemed guilty of a mi^^demeanor, and, on conviction, shall be fined not exceeding one thousand dollars for each refusal; and if any such jjerson shall knowingly and willfully mail any matter without the payment of postage as ])rovided by this Act, or procure the same to be done with the intent to avoid the iirepayment of postage due thereon ; or if any postmaster or post office otiicial shall knowingly permit any sucli matter to be mailed without the prepayment of postage as provided in this Act, and in violation of the provisions of the same, he or tli( y sliall be deemed guilty of a misdemeanor, and, on conviction thcreul, shall be fined not more than one thousand dollars, or im jiriboned not exceeding one year, or both, in the discretion of the court THE GOVERNMENT OF THE UNITED STATES. EXECUTIVE DEPARTMEITT. President of the United Staten. — U. S. Gi;ant. Secretary. — Gen. O. E. Eabcock. Private Secretary. — Levi P. Euckcy. Assidant Private Secretary. — C. C. Sniiycn. Executive Ghrlm. — William H. Crook and O. L. Pniden. United States MarsJial. — Alcxaiitler Sharp. Vice-President. — Henky Wilson, oi Massachusetts. DEPARTME^rr OF STATE. Secretary of State.— Kk^iu/vo^ Fish. Assistant Secretary. — J. C. Bancrni't Davis. Second Assistant Secretary. — AViliiam Hunter. Chief CUrh. — Sevellon A. Brown. TREASURY DEPARTMENT. Secretary of the Treasury. — Wilijaji A. Riciiabdson. Assistant Secretaries. — F. A. Sawyer and John F. Hartley. Chief Cleric. — James li. Saville. Private Secretai-y to Secretary of the Treasvry. — E. C. Bartlett. Chief of Bureau of Statistics. — Edward Yi i ung. Chief of Bureau of Engraving and. Printing. — George B. McCarter. First Comptroller. — Robert W. Taylor. Second Conipiroller. — J. Isl. Brodhead. Comrnissioner of Customs. — W. T. Haines. Register of the Treasury. — John Allison. First Auditor.— TiA\\(\ AV. Malion. Second Auditor. — Ezra B. French. Third Auditor. — Allan Rutheriord. Fourth Auditor. — Stephen W. Tabor. Fifth Auditor.—!. II. Ela. Sixth Auditor. — J. J. Martin. Treasurer of the United States. — Francis E. Sjiinner. Comptroller of the Currency.— 3 o\\n J;iy Knox. Coymnitsioner of Internal Jievenue.—i]. W. DouLrlass. Light House Board. — Prof. Jose;)!! Henry, Chairman. United States Coast Survey. — Benjamin Pierce. 022 GOVERNMENT OF THE UNITED :3TATES. WAR DEPARTMENT. Secretary of War. — William W. Belknap. Chief GlerJ^-.—J. T. Crosby. General of the Army. — Gen. Win. S. Sherman. Adjutant General. — Br. Maj. Gen. E. D. Townsend. Quartermaster General. — Br. JNIuj. Gen. M. C. Meigs. Surgeon O^ieral. — Br. Maj. Gen. Josepli K. Barnes. Paymaster General. — Br. B. Gen. Benjamin Alfonl. Commissary General. — Br. Maj. Gen. Amos B. I'^aton. Chief of Engineers. — Br. Maj. Gen. Andrew A. Humplireys. Judge Advocate General. — Br. Maj. Gen. Joseph Holt. Inspector General. — Bi-. Maj. Gen. Randolph 11. Marcy. NAVY DEPARTMENT. Secretary of the Nav)!. — George M. Robeson. Chief Clerk.— B.. E." Offley. Chief of Bureau of Yards and Docks. — Com. C. R. Rodgers. Chief of Bureau of Navigation. — Com. Daniel Ammen. . Chief of Bureau of Ordnance. — Capt. \\'illiam N. Jetfers. t[ Cliief of Bureau of Provisions and Clothing. — Paymaster General J. n. Watmou^h. Chief of Bureau of Medicine and Surgery. — Surgeon General Josepli Beale. Chief of Bureau of Construction and Repair. — Isaiah Hanscom. Cliief of Bureau of Equijmient and llecraitimj. — Cora. Wm. Reynolds. Chief of Bureau of Steam Engineering. — AV. W. Av'ood. Admiral's Of ice. — Admiral D. D. Porter. Secretary to Admiral. — J. M. Alden. INTERIOR DEPARTMENT. Secretary of the Interior. — Columbus Delano. Assistant Secretary. — Benjamin R. Cowen. Chief Clerk.— \N\\VvAm C'. Morrill. Commissioner of the Land. Ojlice. — Willis Drummond. Commissioner of Pensiuihs. — J. 11. Baker. Commissioner of Indian OjHre. — Edward P. Smith. Commisssoner of Patents. — JNI. D. LeL^y-ett. POST OFFICE DEPARTMENT. Post Master General. — J. A. J. Creswell. Fii-st Assistant Post Master Geiiercd. — James W. Marshall. Chief Clerk. — James H. Marr. Second Assistant Clerk. — Jolin L. Routt. Chief Clerk.— :i6\m L. French. Third Assistant Clerk.— B. W. Barber. Chief Clerk.— WWlhim M. Irehind. Superintendent of the Money Order Office. — C. F. Macdonald. GOVERNMENT OF THE UITITED STATES. 63i Superintendent of Foreign 3/a/?s.— Joseph H. Blackfan. Superintetident of linihmy Mail Service. — George S. Bangs. I'opographer.—\\a,\\.(iV N. Nicholson. Auditor of the Treasnnj for P. 0. Department.— iacoh J. Martin. Chief Clerk.— J. M. McGrew. SUPREME COURT OF THE UNITED STATES. Chief Justice. — Morrison R. Waite, of Oliio. Associate Justices.— ^Aihun ClilT.-nl, Noah H. Swavne, Salav F. Miller, David Davis, Ste^jhen J. Field, Wni. 31. Strong, Joseph P. Bradley and AVard Hunt. Clerk of the Supreme Court. — D. W. Middlcton. Marshal. — John G. Nicolay. Repoi'ter. — John Wm. Wallace. UNITED STATES COURT OF CLAIMS. Chief Justice. — Charles D. Drake. Jwc^grfs— Edward G. Loring, Ebenezer Peck, Charles C. Nott and Samuel Milligan. Chief Clerk. — Archibald Hopkins. Assistant. — John Randolph. REDUCED COMPENSATION OF UNITED STATES GOVERNMENT OFFICERS. Since the preceding pages were printed, the compensation of cer- tain United States Government Officers, increased by the Act of Con- gress of March 3, 1873, ch. 220, have been reduced by the Act of January 13, 1874, to its former standard, (nearly,) excepting the President and Justices of the Supreme Court, &c., -which is as follows : President of the United States, $.50,000 The Justices of the Sujjreme Court, each, 10,000 Vice-President, 8.000 Members of Congress, (and the old mileage rates,). . . 5,000 The seven Cabinet Ministers, each, 8,000 The remaining Officers, whose salaries were increased by the Act of 1873. have also had them restored, by the Act of 1874, to their pre- vious rates. 634 TUK FOraV-THIKD CONGRESS. POHTY-THIIID CO IT GR ESS. LIST OF MEMBERS OF THE SENATE AND THE HOUSE OF REPIIESEMTATIVES. [Rej^ublicans in Roman; Democrats in It;ilics.] THE SENATE. V'"- "Pj-csident Heis^ry Wilson, of Mass., President. A T.AC AM A. I LOUISIANA. George Goldthwaite 1877 | J. Rodman West 1877 George E. Speiicer 1879 l P. B. S. Pincbback 1879 ARKANSAS. | SIAINE. Powell Clayton 1877 ! Hannibal Hamlin lS7o SteiJhen W. Dorsry 1879 Lot M. Morrill 1877 CALlFOliNIA. Vacant 1875 Aaron A. Sargent 1B7'J George S. Boutwcii 1877 MASSAOIICSETTS. Charles Sumner .... 187.'> CONNECTICUT. Wm. A. Buckingham 1875 Orris S. Ferry 1879 DELAWARE. MA.RYJ,AKD. Wmiam T. IRivrihvn 1375 George B. Dennis 18V 9 MICrilGAN. Thomas F. Bayard 1877 i Zachariah Chandler 1875 j:ii Sauhlunj 1877 i Thomas W. Ferry 1877 FLORIDA. Al)ijah Gilbert 1875 Simon B. Conover Iy79 GEORCTA. Thomas M. Norwood 1875 John B. Gordon 1879 ILLINOIS. MINNESOTA. Alexander Ihunsey 1875 "Wliliam Y\'indom 1877 MISSISSIPPI. Adelbert Ames 1875 James L. Alcorn 1877 MISSOURI. Jolm A. Log:!n 1 877 j Carl Sclmrz 1S75 Richard J. Ogleshy 1879 : Louis V. Bogy 1879 INDIANA. i NEBRASKA.' Daniel D. Pratt 1875 ; Thomas W. Ti])toii 1875 Oliver P. Morton 1879 Phineas W. Hitchcock 1877 IOWA. I NEVADA. Georse G. Wright 1 877 , William M. Stewart 1875 William B. Allison 1879 ; John P. Jones 1879 KANSAS. j NEW HAMPSIIIRE. Robert Cro/.ier 1877 j Aaron H. Cragin 1877 John J. Ingalls Ib79 ! Bainbridge VVad.eigii 1879 KENTUCKY. j NEW JERSEY. .rohn W. Starns 1877 ' John P. Stodton 1875 Thomas C. McCrscry 1879 , F. T. l'rcUngluiy:.-fn 1877 [The figuret; dtiiotc the expiraUou uf the Terma of the Senators.] THE FOKTY-TIIIUD COXGUI.SS. 025 IJonben E. Fenton 1875 •• ^Vm. G. Brownlow 1875 Koscoc Conkling 1879 jj,^j.y hooper 1877 NORTH CAKOLINA. TUVACJ :>[atthew W. Kamom 1877 ^ w -n., " " ,o-- Augmtus 8. Merrimon 1879 'l"^- ^^- ^^^"f -''", ^ ^v .. Morgan C. Hamilton 1877 OHIO. *o AlUn G. Thmnan 1875 I vkkmont. John Sherman 1879 Geo. F. Edmunds 1875 OREGON. Justin S. Morrill .1879 James K. Kelly 1877 Virginia. John H. Mitchell 1879 John F. Lewis 1875 PENNSYLVANIA. John W. Johnston 1877 .Tohn Scott 1875 west viroini\. Simon Cameron 1879 Arthur I. Boreman 1875 RHODE ISLAND. Jlcnri/ O. Davis 1M77 William Sprague 1875 ' Wisconsin. :\[aft. II. Car])eiiter 1875 Timothy O. Howe 1877 Henry B. Anthony 1877 SOUTH CAROLINA. Thos. J. Robertson 1877 John J. Patterson 1879 I [The figures deuote the cxpiratiou of the Terms of the t^cnators.] Mr. Pinchbacli's seat is contested as Senator f.-om Louisiana. Five of theReiJublicau Senators are known as "Liberals." Officers of the Senate. President of the Senate. — Henry Wilson, of ^lass. Chaplain. — Rev. Byron Sunderhind. Prixate Secretarij. — Samuel Hunt. Secretary of the Senate. — George C. Gorhara. Chief G'lerk.—\Y. J. McDonahl. Principal Legislatice Clerk. — John II. Flagg. Principal Executive Clerk. — James R. Yming. Minute and Journal Clerh. — W\\\. E. Spencer. \ Financial Clerk. — R. B. Nixon. ' lAhrarian. — George S. Wagner. Clerks.— C. C. Sympson, M. R. Sliankhmd, W. W. Presburj, George C. Garrison, Henry E. Fitz and H. B. ."\IcDonald. Sergeant-at-Arms. — John R. French. Assistant Door-keeper. — Isaac Bassett. Postmaster oj^ Semite. — Wm. H. Maguire. Superintendent of Folding lioom. — L. D. Mercliant. G2G THE FOIlTY-Tnil'.D CONGUESS. HOUSE OF REPRESENTATIVES. [Names of members whose scuts arc contested have a * prefixed.] 1. o 3. 4. ALABAMA. ■it Large— Wax. White, Cluirles C. Sheats. Fred. O. BrmnMrg. James T. R;q3ier. Charles Pclham. Charles Hayes. 5. John 11. CaldwelL 6. Joseph 11. Sloss. ARKANSAS. At iMvge — Wm. J. Rynes. 1. *Asa Hodges. 2. Oliver P. Snyder. 3. * Thomas M. Qunter. CALIFORNIA. 1. Charles Clayton. 2. Horace F. Page. 3. John K. Lvttrell. 4. Sherman O. Houghton, CONNECTICUT. 1. Joseph R. Hawley. 2. Stephen W. Kellogg. 3. Henry H. Starkweatl -. 4. William, H. Barnum. DELAWARE. 1. James R. Lofland. FLORIDA. 1. Josiah T. Walls. 2. William J. Purman. GEORGIA. 1. Morgan Bawls. 2. Ric'iiard H. AVhiteley. 3. Philip Cook. 4. Henry B. Harris. .5. James C. Freeman. G. James 11. Blount. 7. Pierce M. B. You7tg. 8. Alexander II. Stephens. 9. Hiram P. Bell. ILLINOIS. 1. John B. Rice. 2. Jasper D. Ward. 3. Charles B. Farwell. 4. Stephen A. Hnrlbut. 5. Horatio C. Burchard. 6. John B. H;xwley. 7. Franklin Corwin. 8. Greenbury L. Fort. 9. Granville Barrere. 10. William H. Ray. 1 1 . llolie, t M. Knapp. 12. James C. Bobinwn. 13. John McNulta. 14. Joseph G. Cannon. 15. John B. Eden. 16. James S. Martin. 17. William B. Morrison. 18. Isaac Clements. 19. Samuel 8. Marshall. INDIANA. At Large- Godlove S. Orth, Wm. Williams, 1. William E. Nihlach. 2. Simeon K. Wolfe. 3. Williwn S. Holman. 4. Jeremiah M. Wilson. 5. John Coburn. 6. Morton C. Hunter. Thomas J. Cason. James N. Tyner. John P. C. Shanks. Henry B. Saylor. Jasper Packard. t 8 9 10 11 IO"WA. 1. George W. McCrary. 2. Avlett R. Cotton. 3. William G. Donnan. 4. Henry O. Pratt. .5. James Wilson. G. William Loughridge. 7. John A. Kasson. 8. Janu's \V. :\IeDill. 9. Jackson Orr. KANSAS. At Large — David P. Lowe, Stcph. A. Cobb, William A. Phillips. THE FOUTY-TiriRD CONGRKSS. 627 KENTUCKY. 1. Edward CroKdand. 2. John Y. Brown. 3. Charles W. MiJUhen. 4. WilUam. B. Read. 5. Elisha D. titandeford. G. William E. Arthur. 7. James B. Bock. 8. Milton J. Dnrham,. 9. Gciinje M. Adams. 10. John D. Young. LOUISIANA. At Large — Vacancy. 1. *J. Hale Svpher. 2. *Lionel A.' Sheldon. 3. Chester B. Darrall. 4. *Georije L. Smith. 5. Frank Morey. MAINE. 1. John ?T. Burleigh. 2. William P. Frye. 8. James G. Blaine. 4. Samuel F. Hersey. 5. Eugene Hale. MARYLAND. 1. Ephraim K. Wilson. 2. Stevenson Archer. 3. William J. CfBrien. 4. Thomas Swann, 5. William J. Albert. 6. Lloyd Lowndes, Jr. MASSACHUSETTS. \. James Butlinton. 2. Benjamin W. Harris. 3. Henry L. Pierce. 4. Samuel Hooper. 5. Daniel W. Gooch. G. Benjamin F. Butler. 7. E. Rockwf)od Hoar. 8. John M. S. Williams. 9. George F. Hoar. 10. Alvah Crocker. n. Henry L. Dawes. MICHIGAN. \. Moses W. Field. 2. Henry Waldron. 3. George Willard. 4. Julius C. Burrows. 38 5. William B. Williams. 6. Josiah \V. Begole. 7. Omar I), (.'onger. 8. Nathaniel H. Bradley. 9. Jay A. Ilul.bell. MINNESOTA. 1. Mark H. Dunnell. 2. Horace B. Strait. 3. Jolin T. Averili. MISSISSIPPI. 1. Lucius Q. (J. Lamar. 2. Albert \i. Howe. 3. Henry W. Barry. 4. Jason Niles. 5. George C. McKee. 6. John R. Lynch. MISSOURI. 1. Edwin O. Stannard. 2. Erastus Wells. 3. William If. Stone. 4. Boliert A. Batcher. 5. Richard P. Bland. 6. Harrison E. Havens. 7. Thomas T. Crittenden. 8. Abram Cvmingo. 9. Isaac C. Parker. 10. Ira B. Hyde. 11. John B. Clark, Jr. 12. John M. Olover. 13. Aylett H. Buckner. NEBRASKA. Lorenzo Crounse. NEVADA. Clmrles W. Kendall. NEW HAMPSHIRE. 1. Willian B. Small. 2. Austin F. Pike. 3. Hosea W. Parker. NEW JERSEY. 1. John W. Ha/.leton. 2. Samuel A. Dobbins. 3. Amos Clark, Jr. 4. Robert Hamilton. 5. William Walter Phelps. 6. Marcus L. Ward. 7. Isaac W. Scudder. 628 THE FOKTY-THIRD CONGKES8. NEW YORK. At Large— 'Lyma.n Tremain. 1. Henry W. Scudder. 2. John G. Schumaker. 3. Stewart L. Woodford. 4. Philip S. Crooke. 5. William R. Roberts. 6. Samuel S. Cox. 7. Thomas J. Creamer. 8. John D. Lawson. 9. David B. Mellish. 10. Fernando Wood. 11. Clarl-son JS'. Potter. 12. Charles St. John. 13. John 0. Whitehouse. U. Bar id M. Be Witt. lo. Eli Perry. 16. James S. Smart. 17. Robert S. Hale. 18. William A. Wheeler. 19. Henrv H. Hathorne. 20. David Wilber. 21. Clinton L. Merriam. 22. Ellis H. Roberts. 2:3. William E. Lansing. 24. R. Holland Duell. 25. Clinton D. McDougall. 26. William H. Lamport. 27. Thomas C. Piatt. 28. H. Boardman Smith. 29. Freeman Clarke. SO. George G. Hoskins. 31. Lyman K. Bass. 33. Walter L. Sessions. NORTH CAROLINA. 1. Clinton L. Cobb. 2. Charles R. Thomas, 3. Alfred M. WaddeU. 4. Wm. A. Smith, .'). James M. Lt'ich. 0. Thomas 8. Anlie. 7. Wm. M. Rohhins. b. Robert B. Vance. OHIO. 1. Milton Saylor. 2. Henry B. Banning. 3. John Q. Smith. 4. Loais B. Gunckel, 5. Charles M. Lamison. 6. Isaac R. Sherwood. 7. iMtrrervce T. Neal. 8. Wm. Lawrence. 9. James W. Robinson. 10. Charles Foster. 11. Hezekiah S. Bundy. 12. Ilxigh J. Jeicett. 13. Milton I. Southard. 14. John Berry. 15. Wm. P. Sprague. 16. Lorenzo Danforth. 17. Laurin D. Woodworth. 18. James Monroe. 19. James A. Garfield. 20. Richard C. Parsons. OREGON. James W. Nesmith. PENNSYLVANIA. Large — Lemnel Todd, Charles All-right, G. AV. Scolield, Samuel J. Randall. Charles O'Neill. Leonard Mvers. William D.' Kelley. Allred C. Harmer. James S. Biery. Washington Townsend. Heister Ghimer. A. Herr Smith. John W. Killinger, John S. Storm. Lazarus D. Shoemaker, James D. Strawbridge, John B. Packer. John A. Magee. John Cessna. R. Milton Speer. Sobieski Ross. Carlton B. Curtis. Hiram L. Richmond. Alexander W. Taylor, James S. Negley. Ebenezer McJunkin. William S. Moore, RHODE ISLAND, At 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 1. Benjamin T. Ames. 2, James M. Pendleton. THE FORTY-THIRD CONGRESS. 629 SOUTH CAROLINA. At Large— J{\ch''d H. Cain. 1. Joseph H. Rainey. 2. Aloiizo .T. Runsier. 3. l^oIiLTt B. Elliott. 4. Alexander S. Wallace. TENNESSEE. At Large — H. Mavnard. 1. Rodci-irk B. Butler. 2. .Tacob M. Thorn l>iirg. 3. William Crutehlield. 4. Jolifi M. Bright. 5. Horace H. Harrison. 6. Wash. G. Whitthome. l.JohnD. C. Atl-ins. 8. David A. Nunn. 9. Barbour Lewis. TEXAS. At Large — Roger Q. Mills. Asa H. Willie. 1. William S. Hernrlon. 2. William P. MrLean. 3. De Witt C. Giddings. 4. John Hancock. VERMONT. 1. Charles W. Willard. 2. Luke P. Poland. 3. George W. Hendee. VIRGINIA. 1. James B. Sener. 2. .James H. Piatt. Jr. 3. J. Ambler Smith. 4. William H. H. Stowell. 5. Alexaruler M. Davis. 6. Thomas Whitehead. 7. John T. Harris. 8. Eppa Hiinton. 9. Reese T. Bowen. WEST VIRGINIA. 1. * Benjamin Wikon. 3. * Benjamin F. Martin. 3. *Frank Herrford. WISCONSIN. 1. Charles G. Williams. 2. Gerry W. Hazelton. 3. J. Allen Barber. 4. Alexander Mitchell. 5. Charles A. Eldridge. 6. Philetus Sawyer. 7. Jeremiah M. Rusk. 8. Alexander S. McDill. TERITORIAL DELEGATES. ^^izo^'A Richard C. McCormick. Colorado Jerome B. Cliaffee JJ-^KOTA yfose, K. Armstrong. District of Columbia Xorton P. Chipman I"^no John Hailey. Montana Martin Maginnis. jS ew Mexico JiJ-^^ George Q. Cannon. (Ind.) W ashington Ohadiah B. McFaeace, as the case may be, that he or she is unable to pay said fine and costs. — 1S74, ch. 59. THE HOURS OF LABOR. The Act of 1874, Chapter 3, limits the hours of labor for minors, as follows : Sec. 1. Ten hours a day shall constitute a legal day's work in all cases where labor or service is performed for anotiier by children under sixteen years of age. Si-.c. 2. All persons and bodies corporate who shall compel any child under sixteen years of age to lal)or or work more than ten hours a day, or in any manner violate the provisions of this act, shall be liable to a fine of fifty dollars for each and every oft'ence; provided that the terms of this act shall not apply to children .engaged in agricultural, household or mercantile pursuits. 636 SUPPLEMENT AND APPENDIX. JUEISDICTION IN CASES OF ASSAULT AND BATTEKY. Page 174.— Add to Act of 1870, Chapter 434, Section 3, as follows: Sec. 3. The several Justices of the Peace for the said counties are hert'b}' authorized and required to pay to tlie County Commissioners of said counties, every tliree months, all the money or moneys they may liave in liand at sucli times arising from tines or penalties im- posed under this Act; and all acts or ^Jarts of acts inconsistent here- with are hereby repealed. THE POLICE COMMISSIONERS. Sahbath BreaUng. — The Act of 1874, Cliapter 71, amends Section 180 of Article 30, P. G. L., relating to Sabbatli i)reaking, by making it un- lawful to keep open a barber saloon on Sunday, under a penalty of not less than |50 nor more than $100 for the lirst otience. If convict- ed a second time, not less than $100 nor more than $500 line, and if a natuml persoji he shall be imprisoned not less than ten nor more than thirty days. The line on eacli occasion shall be doubled; and if a natural person he shall be imprisoned not less than thirty nor more than sixty days for each subsequent otience. The fines to be paid to the State. PUBLIC EDUCATION. THE AMENDED SCHOOL LAW. Page 237. The following amendments were made at the last session of the Legislature, to the Act of 1872, Cliapter 377, providing for a general system of Free Public Schools for the State of Maryland, by the Act of 1874, Chapter 463. The amendments are placed in brack- ets, til us: [ ] l^age 237, Chapter 2, Section 1, constitutes the Governor a member of tlie State Board of Education. Page 238, Chapter 2, Section 3. The Board of District School Trus- tees shall be composed of three persons, who shall be ajipointed by the County School Commissioners, on the first day of May, or at their first meeting thereafter, in each year, [and who sliall meet within thirty 8, Chai)ter 3, Section 4. The State Board of Education shall, to tlie best of their ability, cause the provisions of this law to be car- ried into efl'ect, and may if necessary, institute legal proceedings for that purpose, with the direction and advice of the Attorney General; [they shall enact by-laws lor the administration of the Puljlic School system, not at variance witli this Act, and shall have the power to sus- pend or remove any examiner or teacher who may be found inefficient SUPPLEMENT AND APPENDIX. 637 in, or incompetent for, the discharge of the duties assigned him, or guilty of (^uch monil (loliMiiiu-iicy fis muy liave unlitted liim for the office he Imldri:] tliey sh:dl explain the true intent and meaning of the hiw, ami they s^hall decide, witliout exi)eiise to the parties concerned, all »;<>ntroversies and disputes that may arise under it. linage 249. Chapter 5, Section 1, 10th line, after the word "teacher," insert the following: ["or teachers, suliject to contirmaliun by the Bcaid of County School Commissioners."] I'age 242, Chapter 5, add section 5. [In case of neglect of duty or refusal to act on the i>art of the members of the Board of Trustees, their ])laces shall be declared vacant by the Board of County School Commissioners, who shall fill the same by new appointment; but if it be found impossible to secure competent persons who w'ill act in this capacity, tlien the duties olthe Boiird of District School Trustees for the particular district shall devolve upon the Board of County School Commissioners.] Pri'jf 243, Chapter 6, Section 2, add the following after the word Commissioners: ["In cases where, however, the property owned by the Board of Coiinty School Commissioners in any school district proves unsuited fir school purposes, the board is authorized to sell or lease the same, and to apjjiropriate the amount obtained by such sale or lease, to the purchase or lease of a proper school-house at a suita- ble location for the said district."] Pa^ie 24.5, Chapter 8, strike out Section 3, and insert the following: Shc. 3. [Teachers shall enter into their quarterly reports an accurate account of the attendance of pupils, of text books used, and branches taught, and such other statistics as may be required, and make due returns thereof to the Board of County School Commissioners at the end of each term ; and no teacher shall be entitled to receive payment f )r services until the quarterly report, properly filled up and c(Mn- pletcd, be so returned. The quarterly reports shall be tiled by the Board of County School Commissioners for the purpose of making the annual return to the State Board of Education.] Page 246, Chapter 10, strike out Section 2, and insert thefollowino-: 9 "Sec. 2. Each Board of County School Commissioners shall adopt, and may purchase the text books for the public schools in their re- sjiective counties." Page 247, Chajjter 11, Section 2. line 10, after the words English grammar, insert: ["but the State Board of Education may add addi- tional requirements to those indicated for either grade whenever the same may seem necessary."] Add at end of section the words : "from the date of issue." Page 248, Chapter 12, strike out Section 2, and insert the following: "Sec. 2. The sessions of the State Norjnal School, until otherwise provided for by the State, shall be held in such building as the State Board of Education may select; [provided that the rent be not greati-r than thirty-tive hundred dollars, which amount, or so much thereof as is necessary, is hereby appropriated annually for that purpose.] Page 249, Chapter 12, strike out Section 8, and insert the following: Skc. 8. The annual sum of ten thousand five hundred dollarsis bcreby appropriated for the support of the Normal School, to be paid 638 SUPPLEMENT AND APPENDIX. in quarterly installments by the Treasurer, on the warrant of the Comptri)ller, to the State Board of Education, and to l)e applied to the payment of teachers' salaries and the purchase of educational apparatus, for the salary of the principal of the Normal School, [hia traveling expenses in attending meetings of teachers, institutes, and superintending the schools throughout the State, and for such assist- ance as may be required in the Normal School during his absence on duty, and] for text books, stationery, fuel, light, and other incidental expenses of the school. Page 250, Chapter 13, Section 1, "Teachers' institute to continue five days, shall be held," «fec. Strike out the words "during vacation." Page 252, Chapter 18, strike out Section 2, and insert the following ^ Sec. 2. Each colored school shall be under the direction of a special board of school trustees, [to be api^ointed by the Board of County School Commissioners,] and ihall be subject to the same laws for its government, and furnish instruction in the same branches as the schools for white children. THS STATE POLICE COMMISSIONERS FOR BALTIMORE CITY. Page 311. — The Act of 1874, Chapter 2, amends this Act as follows : Page 811, Section 1. Strikeout the first ten lines of Section 1, down to the word "Belbre," and insert the following : Appointment of Police Commissioiiers. Xeio Term of Office. Sec. 806. Immediately after the passage of this Act there shall be elected by the joint meeting of the two houses of the General Assem- bly of Maryland, 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 said Article four; one of said commissioners shall be elected and appointed for two years, one four years, and one for six years, who shall hold office until their respective successors are elected, or appointed and qualifi- ed; each of said commissioners shall receive a salary of twenty-tive hundred dollars per annum. payal)le quarterly; as the terms of office shall expire as designated above, they shall be filled, or appointed, lor six years each. Page'dM. — The Act of 1874, Chapter 146, repeals Chapter 75. increas- ing the pay of detectives to ip25 per week, and also amends Section 810, by adiiing the loUowing thereto: Sichn£ss. "And it shall be part of the duty of the captains, lieutenants and sergeants whenever a policeman, officer of police or detective is absent from duty, to report such aljsence to the hoard and the cause ot the same, and if said report shows that said absence is on account (jf sick- ness, sucli rejjort shall be prima facie evidence of such sickness; and if any officer of police, policeman or detective, shall absent himself from duty under plea of sickness, when he is not sick, such a plea or SUPPLEMENT AND APPENDIX. 639 absence shall be official misconduct, for which said officer shall be discho.r^'ed by the said Board of Police Commissioners if they sliall deem proper so to do." Page 317. — Section 816 as amended by the Act of 1874, Chapter 199, adding the following thereto : "And said books, journals and other documents, and the vouchers for all payments by said Board of Police Commissioners sliall ;it all times be open to the insijection of the Mayor and Register of the city of Baltimore and either of them, and it shall be the duty of the Comp- troller of the city of Baltimore, to examine all bills and accounts pre- sented by said Board of Police Commissioners and the vi^ucliers therefor. Page 320, Section 827. The Act of 1874, Chapter 243, amends the Section so as to read as follows : Carrying Deadly Weapons. Sec. 827. Whenever any person shall be arrested, charged with any crime or misdemeanor, and carried to any of the justices of the peace of the city of Baltimore, upon whose person shall be found any pistol, dirk knife, bowie knife, sling shot, billv, 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 tlian three nor more than ten dollars, in the discretion of the justice of the peace to which such person may be carried; which said fine shall be collected as other fines are now collected; provided, however, that the provisions of this section shall not afi'ect those persons who, as conservators of the peace, are required to carry a pistol or other weapons as part of their equi])ments, and provided, further, that it shall be the duty of all officers, to take all persons arrested in the day-time under this Act, immediately before the justice of the peace, nearest the j)lace of arrest for examination, except for drunk and disorderly conduct or theft, and any officer failing so to do shall be guilty of a misdemeanor, and upon c(mviction shall be fined not less than five nor more than ten dollars. Page 320.— Add Act of 1874, Chapter 320, as follows: The Board of Police Commissioners for the city of Baltimore, be and they are hereby authorized and empowered to purchase or lease ground in the city of Baltimore, as may be suitable in their judgment for the erection of station houses thereon, and that they be ancl here- by are authorized and empowered to have erected thereon such station houses as they may deem suitable and proper. Ths title to the said lot of ground, and the improvements thereon, shall be vested in the Mayor and City Council of Baltimore. The purchase money of said ground, and cost of erection of said station houses, shall be paid by the said Board of Police Commissioners out of their special fund. CORPORATE POWERS OP COUNTY COMMISSIONERS. Page 351. Strike out Section 1, of Article 28, and insert the follow- ing : the lines in brackets show the change in the law. Akt. 28, Sec. 1. The County Commissioners of each county in this 640 SUPPLEMENT AND APPENDIX. State, are declared to be a corporation, and shall have full power to appoint jiidLfes of election, road supervisors, collectors of taxes, trus- tees of the poor, a clerk to their Board, and all other officers' aijents, and servants required for county purposes, not otherwise provided for by ihe law or by the Constitution, and they shall have charge of, and control over, the property owned by the county, and over county roads and bridges, [and may, wiienever in their opinion the public interest require or will be thereby advanced, commit the whole mat- ter of grading and constructing public roads, and the repairs thereof, and tiie construction and repairs of public bridges, to the charge of competent and scientitical educated civil engineers, who shall direct and manage all such public works under the immediate control of said County Commissioners, and who shall hold office for such time, with such salary, under such bond and subject to such regulations as may be directed by the said County Commissioners from time to time, and calculated to secure competent officers, and a faithful discharge of duty ; and the County Commissioners of each county,] shall also have power to locate, alter or change the places of holding elections in the different election districts, or townships of their respective counties, as may afford the best opportunity for full and fair expres- sion of popular will. — 1874, ch. 411. LEGAL HOLIDAYS. Parje 381. The Act of 1874. Chapter 37, amends the law relating to Legal Holidays, as follows: bEC. 10. Whenever Christmas day. New Year's day, the fourth day of July, or the twenty-second day of February, shall fall on Sunday, bills (Tf exchange, promissory notes, bank checks, and all otljer papers requiring protest, which may become due and payable on the Monday immediately following either of said days, shall be payable on the Saturday next preceding the same, and it shall not be necessary for the holders of such bills of exchange or promi-^sory notes, payable as aforesaid, to give notice of the dishonor thereof, until the Tuesday next, succeeding either of said days. PROPERTY OF MARRIED WOMEN. The Act of 1874, Chapiter 57, enacts as follows: Akt. 45, Sec. 1. The property, real and i^c-rsonal, belonging to a woman at the time of her marnage, and all proiierty which she may acquire or receive after her marriage by purchase, gift, grant, devise, bequest, descent, or in a course of distribution, shall be protected from the debts of the husband, and not in any way liable for the pay- ment thereof; 'provided, that no acquisition of property i)assingto the wile irom the husband after coverture, shall be valid, if the same has been made or granted to her in prejudice of the rights of his subsist- ing creditors. SUPPLEMENT AND APPENDIX. G41 LOCAL LAWS OF COUNTIES. Passed January Session, 1874, amending the Local Laws on pages 459 to 467. Allcjany County. — Changing the terms of the Circuit Court. — 1874, Ch;ip. 63. Providing lor the ru-division of the county into Election Districts. — 1874, Chnp. 90. Amending the law relating to Surveyor. Chap. 124. Relating to Almshouse. — Chap. 284. Authorizing a sur- vey of Ailegany and Garrett counties. — Chap. 323. Regulating pay of Sheriff — Chap. 479. Relating to Justices of the Peace in cases of assault and battery. — Chap. 311. Anne Arundel County. — Amending Act of 1870, Chapter 434, rela- ting to Justices of the Peace. — Chap. 311. For the j^rotection of partridges. — Chap. 392. Amending the law relating to County Com- mibsioners. — Chap. 485. Relating to public roads. — Chap. 509. Baltimore County. — Relating to "fences" and tresj^ass. — Chap. 47. Protecting travelers on highways. — Chap. 213. Amending laws re- lating to Roads. — Chap. 274. Amending the law rehiting t-o Ct)hec- tors. — Chap. 321. Amending the law relating to turnpike companies. Chap. 342. Protecting tisli in Gunjiowder river.T-Chap. 348. To build a gas house and pest house. — Cliap. 350. For the jirotection of persons and property. — Chaj). 374. Amending laws relating to Sher- iff. — Chap. 4U9. Amending the Act relating to the laying off certain streets. — Chap. 441. Requiring auctioneers to take out license. — Chap. 473. For the protection of insectivorous birds. — Chap. 474. Calart County. — Approving the Act of 1872, authorizing County Commissioners to subscribe to capital stock of Drum Point Railroad Co. — Chap. 159. Amending the Act of 1870, Chaj^ter 434, relating to Justices of the Peaee. — Chap. 311. Regulating the public roads. — Chap. 358. Amending Bee. 72, of Art. 4, P. G. L., relating to Sheriff. Caroline County. — Repealing Sec. 9, of Art. 28, of P. G. L., relating to publication of county expenses. — Chap. 102. Amending Act of 1870, Cnapter 434, relating to Justices of the Peace. — ChajJ 311. Re- lating to otiicers' fees. — CliaiJ. 377. Relating to the sale of spirituous and lermented liquors. — Chap 453. Regulating the taking of lish. — Chap. 4t)6. Incorporating the town of Hillsborough. — Chap. 505. CtiiroU County. — Authorizing Commissioners to subscribe to stock of turnpike companies. — Chap. 19. Amending Sec. 21, Art. 7, P. G. L., relating to Justices of the Peace and Constables. — Chap. 108. Establishing voting precincts in Westminister. — Chap. 175. Amend- ing certain sections of the code relating to revenue and taxes. — Chap. 512. Cecil County. — Relating to pay of Sheriff. — Chap. 101. Relating to public roads. — Chap. 195. Relating to Port Deposit. — Chap. 216. For the protection of lish in Elk and North-east rivers. — Chap. 388. For the protection of insectivorous birds. — Chap. 474. Charlea County. — Amending Act of 1870, relating to justices of the peace. — Chap. 311. Relating to otiicers' fees.— Chap. 377. Amend- ing Act of 1»70, relating to roads. — Chap. 493. Dorchester County. — Authorizing county subscription to stock of Cambridge and Chesapeake Railroad Co. — Chap. 93. For an addi- 643 SUPPLEMENT AND APPENDIX. tional justice of the peace. — Chap.. 105. Rczulai Jitr the taking of oysters with scoojjs or liijht dredire. — Chap. 214. Prohibiting tres- pass with gun or dog upon private land. — Chap. 2(57. Remiiating number of justices of the peace and constal)les.— Chap. 83o. Autlior- izing citizens to take oysters witli dredge, scoop, or scrape in Cliop- tank river. — Chap. 437. Authorizing qualified voters to decide wliether spirituous or fermented liquors V)e sold in the county. — Chap. 453. Amending the law relating to catching tish in Dorchester, Tal- bot and Caroline counties. — Chap. 466. Frederick County. — Authorizing county to subscribe to Liberty and Frederick and otlier turnpike companies. — Cliaps. 7 and 36. To pay for killing certain wild animals in the county.— Chaj). 17. Relat- ing to pay of Sheriff. — Chap. 78. Incorporating Mechanicstown. — Chap. 87. Prohibiting the licensing of venders of spirituous and fer- mented liquors within two and a half miles of Brook Hill Meeting House. — Chap. 130. Also within three miles of Hansonville post oiRce. — Chap. 28o. For an additional Justice of the Peace. — Chap. 133. To protect fish in Monocacy river. — Cliap. 173. Recrulating terms of court. — Chap. 215. To allow a discount on county taxes. Chap. 243. OaiTett County. — Fixing mileage of members and officers of the Legislature at $1 10. — Chap. 78. Locating Oakland as county seat. Chap. 76. Regulating terms of Circuit Court. — Chap. 144. Granting donations to academies and schools. — Chap. 176. Regulatini^ num- ber of justices of the peace and constables. — Chap. 187. Creating Garrett county as part of the sixtli Congressional District. — Chap. 307. Authorizing Governor to have a survey of Garrett and Allegany coun- ties. — Chap. 346. Providing for officers of registration.— Chap. 366. For redistricting, &c., the election districts. — Chap. 369. Regulating Sheriff's fees. — Chap. 378. For the protection of birds. — Chap. 456. Regulating fences. — Chap. 476. Harford, County. — Sheriff to be paid 45 cents for boarding prisoners in jail. — Chap. 24. Authorizing certain parties to build a bridge over Church creek. — Chap. 48. Authorizing citizens to retain horse and carriages if charges are not paid. — Chap. 55. Regulating the bonds of collectors. — Chap. 12S. Amending local laws relating to Havre de Grace. — Chap. 289. Authorizing county to subscribe to stock of Turnpike Companies. — Chap. 190. Sheriff, $2 50 per day for attend- ing court, &c. — Chap. 242. Judges and clerks of election allowed $4 per clay. — Chap. 248. To encourage the destruction of hawks. — Chap. 294. To authorize the county to endorse bonds of local railroads. To amend the Act of 1870 relating to justices.— Chap. 311. To pay State's Attorney $10 for each case he attends before a committing magistnite. — Chap. 359. Salary of clerk to Commissioners not to exceed $500. — Chap. 362. Regulating the stating of accounts of offi- cers' fees. — Chap. 377. Howard County. — Liquor and lager beer not to he sold within one mile of Wesley Grove Camp Meeting. — Chap. 26. Regulating the number of Justices of the Peace and Constables. — Chap. 116. Regu- lating joint fences. — Chap. 337. Kent founty. — To prevent killing, &c., of grou.se until Octol)er 20, 1878. — Chap. 115. Reguhiting number of .Justices of the Peace. — Chap. 142. To protect partridges. — Chap. 169. To prohibit carrying SUPPLEMENT AND APPENDIX- 643 of weapons on election day. — Chap. 250. Relating to the stating of officers' fees. — Chap. 377. ^fontgom€r1J County. — Relating to public buildings and other county property in Rockville. — Chap. 64. For tlie protection of game. — Cliap. 123. For tlie protection of fish in creeks. — Chap. 129. Relat- ing to the collection of fees. — Cliap. 16S. To prevent carrying of weapons on election day. — Chap. 250. To protect insectivorous birds. Chap. 306. To tax dogs.— Clmp. 338. Prince Oeorge^s County. — Incorporating the towns of Huntingdon and Laurel. — Chap. 117. For the repair of public roads. — Chap. 205. For the removal of all gates from the public roads. — Chap. 265. Regulating fences on adjoining lands. — Chap. 278. To protect insectivorous birds. — Chap. 306. Amending the Act of 1870 relating to Justices of the Peace. — Chap. 311. To pay for foxes killed. — Chap. 327. Accounts of officers' fees.— Chap. 377. Creating No. 12 election district. — Chap. 487. Continuing the office of County Treas- urer, &c. — Chap. 503. Queen Anne's County. — To prevent cariying weapons on election day. — Chap. 250. Amending Act of 1870, Chapter 434, by Chapter 811. Stating accounts of officers' fees. — Chap. 377. To protect partridges. — Chap. 436. Prohibiting the sale of liquors by vote of tlie people. — Chap. 453. St. Mary''a County. — For an additional Justice of the Peace in sec- ond district. — Chap. 489. Somerset County. — Creating a new election district out of Nos. 1, 7 and 8. — Chap. 43. To authorize clerk of County Commissioners to administer the oaths, &c., of all public accounts. — Chap. 109. To protect terrapins and their eggs in May, June, July and August. — Chap. 139. To provide for the redemption of outstanding county bonds. — Chap. 367. To prevent non-residents from catching fish in Monie bay and creek. — Criap. 383. To prohibit sale of liquors in the county by vote of the peo2)le. — Chap. 425. For an additional Justice of the Peace. — Chap. 461. To prevent the destruction of fish in Po- comoke river and sound below Shelltown. — Chap. 493. To protect partridges and grouse. — Chap. 508. Talbot County. — Relating to tlie ordinances of the town of Easton. — Chap. 210. To amend the same. — Chap. 454. To protect insectivor- ous birds. — Chap. 306. Stating accounts of officers' fees. — Chap. 377. Authorizing citizens to dredge, &c. Choptank river. — Chap. 437. To regulate the taking of fish in the county. — Chap. 466. Washington County. — Regulating the number of .Justices of the Peace and Constables. — Chap. 29. Requiring local laws to be pub- lished in one newspaper. — Chap. 32. Rei^mlating the terms of the Circuit Court. — Chap. 83. Authorizing the county to subscribe to stock of turnpike companies. — Chap. 85. Authorizing the County Commissioners to levy a tax and issue bonds to pay the debt of the county. — Chaps. 141 and 145. Appropriating certain fines to pur- chase a library for the Circuit Court. — Chap. 158. Requiring the County Surveyor to survey public roads when opened. — Chap. 166. To pay Sheriff fifty cents per day for boarding prisoners. — Chap. 326, To jjrohibit the catching offish in Antietam creek and its tributaries, except with angling rod and dip nets. — Chap. 334. Authorizing public roads to be opened less than thirty feet wide. — Chap. 356. 39 644 SUPPLEMENT AND APPENDIX. Wicomico County. — To prevent stock from runninof at larce in Qnan- tico. — Chap. 58. Regrulating fences. — Chap. 65. Recrulatin21, Treamry Department. — Charles F. Conant. a]>pointed As- sistant Socretary, in place of F. A. Sawyer. Wiliiani O. .\very. Chief Clerk, in piace of James H. Saville. H. C. Johnson, Commissioner oi Customs, in place of W. T. Harris. Page G22, Post Office Department. — Marshall Jewell ajjpointed Post Master General, in place of J. A. J. CreswcU, resigned. Louis C. Watkins, Chief Clerk, in place of James H. Marr. Page 029, Virginia. — Ninth Congressional District: ChristopiSir G. Thomas, %'ice Reese T. Boweu. West Virginia. — John J. Davis, first district, vice Benjamin Wilson. BALTIMORE CITY. The following additional changes have been made in the Officers oi of Baltimore City. City Librarian. — John S. Brown. Vaccine Physician. — 5th and Gtli wards, E. S. Thomas. Almshouse Trustee. — Thomas White, vice Sisson. Superintendent of Almshouse. — Captain John Mitchell. City Directors in the Valley Railroad Co. — Robert T. Baldwin, De- catur H. 3Iiller and Richard Norris, Jr. Comini)>)iioner of La Fayette Square. — J. .J. M. Selbnan, vice Colton. Commissioner of Fulton Avenue Circle and Baker Street Circle. — John T. Ford. Keeper of Washington Monument. — John Fenton. Lamplighters. — John Tall, vice Hinton; John H. Xagcl, 7th ward ; James Tierney. vice McLaughlin ; Phili]) Carborry, vice Watson. Constables. — 9th ward, Wm. J. Bowling. ISth ward, David P. West, Augustus Hofl'man. , STATE FISHERY FORCE. Commander. — Steamer Leila, Jesse K. Hines. Deputy Commanders. — Wm. R. Shenton, Dorchester District ; Thos. J. Valliant, 3d District; Joseph Forrest, St. Mary's C»ninty : George W. Carpenter, 6th District; Capt. Lemuel Mitchell, Charles County. ADDITIONS AND CORRECTIONS, Page 40, line 13th.— For "text book" rear! "test book." Page 51. — Add to list of Governors, ''Hon. "\Vm. Pinkney Wlivte, resiuned March 4th, 1874, and Hen. James Black Groome, elected by the General Assembly for the remainder of the temi, ending January 13th, 1S75." Page 57. — In head line, for Governor's "Vote," read "Veto." Page 64. — In head line, for "Xominators" to Fill Vacancies, read "Nominations." Page 65. — Mileage of members of the General Assembly, add "Gar- rett comity, mileage $1 10." Pa-ge 68. — Classification of State Senators, in first class, after Dor- chester county, insert "Garrett county," and for "twelve" Senators of the first class, read "thirteen" Senators. Page 70. — United States Senators. — Add to Senators from Western Shore. Hon. Wm. Pinkney Whyte, elected, January 20th, 1874, for sis years from March 4th, 1875. For Robert Wright, "Talbot" county, read "Kent" county. Page 72.— House of Delegates of 1861, for "H."Teackle Wallis, read "Severn" Teackle Wallis. For A. K. "Stoke," read A. K. "Stake." For John "R." Biddison, sergeant-at-arms, read John "S." Biddison. Page 75. — House of Delegates. For "Olive" Miller, read "Oliver" Miller. Page 79. — For James B. "Sawner," read James B. "Sanner." Page 80.— For Samuel "Diggs" of R., read Samuel "Riggs" of R. Page 81. — For "John Carroll" of Baltimore county, read "John IST- Carroll." Page 142. — Judiciary DqMrtment. — For "the Judges of the Court of Appeals were removed under the Constitution of 1864," read were "not" removed. &c. Page 210.— State Comptroller. See Act of 1874, Chapter ?.0, amend- ing Act of 1872, Chapter 196, relating to adjustment of accounts. Page 20o. — Board of Public Works. — Officers of the ChesapeaJce and Ohio Canal Company. — President, A. P. Gorman, salary $4.000 ; Directors, James G. Berrett, D. S. Biser, M. Bannon, G. M. Watkins, G. Meredith, A. K. Stake; Secretary, B. Fawcett, salary $2,100; Con- sulting Engineer, W. R. Hutton. ADDITIONS AND CORUECTIONS. 655 Page 205. — For duties of Comptroller under the Act of 1874, cli. 181, relating to oysters, see jJage 298. i^«^e 210, Art. 81. — State Comptroller. — To assess stocks before the "fifteenth" day ol May instead of the "first" day of May ; see Revenue Act of 1874, oh. 483 on page 3G1. Page 22^. — (Jomininsioner of the Land Office. — His duties under the new Revenue Act; see page 364. Page 237. — Public Education. — For amendments to this law see page 636-7-8. Page 263. — Board of Puhlic Worl's. — Authori7,ed to select sites and build a state "House ofCorrcction^'anda state "Normal School Houae," see Acts of 1874, chapters 248 and 479. Page 311. — State Police Commissioners. — See pages 638 and 639 for the Act of 1874, making changes in this law. Page 326. — Sec. 29. — Tobacco Inspection. — In third and eighth lines strike out "twelve," and insert "six" and in si.x;lh line, strike out "twelve," and insert "four."— 1874, ch. 394. Page 331. — All receipts for grain deposited or stored in any elevator or place of storage connected therewith in this state, and known in trade as "elevator receijats," shall be held to imply title to such grain on the part of the holder. — 1874, ch. 304. Page 339. — Live Stock. — Compensation of Assistant Weighmaster not to exceed $1200, instead of $1000.-1874, ch. 328. Page 344. — Steam Boilers. — Sec. 13. Inspectors to receive $1500 l^er annum from the State, and all collections to be paid to the Treasurer.— 1874, ch. 96. Page 351. — County Commissioners. — See their duties under the Rev- enue Act of 1874, ch. 483. fage 354. — Strike out the word "orchards" in Sec. 21, by 1874, ch. 423. Page 361. — State Taxes. — Strike out Sec. 27 and see next i)age. Page 380.— i^ees of Officers.— Tha Act of 1874, ch. 377, strikes out the word "Frederick" in the Act. Page 381. — Legal Holidays.. — See page 040 for the amended law. Page '^'il. — Baltimore City. — In Sec. 160, 4th line, strike out "Sep- tember" and insert "October," also on page 424, sec. 175. Page 459. — Local Laws of Counties. — The additional local laws passed at liic bOisicm of 1874 are on pages 641 to 645. Page 468. — Justices of the Pechce and Constables. — See page 644 for all changes made on page 468. Page 495. — Baltimore State and City Officers. — The names of the Public Officers of Baltimore, which have been changed, and their sala ries, will be found on pages 521 to 524, and 656. Page 510. — United States Officers. — The names of the various officers of tlie United States, in service in Baltimore City on pages 510 to 520, will be found corrected to date on pages 524, 653, 657, and 658. Page 519 — Chief Justice of the Supreme Court of the United States, assigned to the Fourth Judicial Circuit, Hon. Morrison R. Waite. Deputy Marshal. — John S. Pegley, deceased. No successor. Page 520. — The Centennial Board of Finance for Maryland has been superseded. Page 521. — Constables.— l^th. Ward, Leonard D. Miller, viceSchaefl'er. 40 656 ADDITIONS AND CORRECTIONS. Page 521.— See clianges in State and City Officers in Baltimore City. Page 523.— Changes in Baltimore Municipal Officers. Page 524.— Changes in United States Officers in Maryland. Page 524.— See United States Treasury Officers in Baltimore. The Politician's Register, (following page 524,) separately pae 658 CHANGES OF PUBLIC OFFICERS. salaries of Cbas. W. Raphan, C. H. Pitt, H. H. Diffenderffer, D. :\I:'.x- ■well, increased to $1600, and the salaries of S. Young. T. S. Nixdortf, W. Ball and F. Wagner to $1400 per year; Wm. H.^Bryan and C. S. Kapp, Assistant Measurers, pay increased to $1200 per year ; A. C. Rhodes, Clerk, pay reduced from |1800 to $1G00 per year. THE BALTIMORE POST OFFICE. Page 515.— Mailing ClerTc8.—\Nn\. A. Chalk, Theo. W. Dew, J. J. Bradshaw and Chas. G. Borton, vice Joseph W. Dallam, J. G. Scott, A. W. Handy and Edwin Sandys ; Ladies' Window, Georgianna King, vice Internal Revenue.— Third Collection District. Deputy Collector, A. R. McLellan, vice J. H. Dittman. Compensation of U. S. Gangers, $6.00 per day. THE GOVERNMENT OF THE UNITED STATES. Pages Q2\-2-?>.— Assistant Secretary of State. — John L. Cadwallader, vice J. C. Bancroft Davis. Treasury Dt^xwMerif.— Secretary of Treasury, Benj. H. Bristow, vice Wm. A. Richardson. Assistant Secretary, Charles F. Conant, vice F. A. Sawyer. Chief Clerk, William O. Avery, vice James H. Saville. Private Secretary to Secretary of Treasury, E. J. Babcock. Commis- sioner of Customs, Henry C. Johnston, vice W. T. Haines. Superintendent United States Coast Survey.— C. B. Patterson, vice Benj. Pierce. War Department. — Chief of Engineers, Br. Maj. Gen. Alex. E. Shiras, vice A. A. Humphreys. Navy Department.— ChM C\eY^, John W. Hogg, vice H. E. Offley. Interior Department. — Chief Clerk, Stanley Plummer, vice Wm. C. Morrill. Commissioner of the Land Office, S. S. Burdett, vice W. Drumraond. Commissioner of Patents, J. M. Thatcher, vice M. D. Leggett. Post Office Department. — Marshall Jewell, vice J. A. J. Creswell. Page 497. — Police Commissioners of Baltimore City. — W. H. B. Fus- selbaugh, elected for six years, Harry Gilmor, elected for four years, and John Milroy, elected for two years irom March loth, 1875. Sal- ary $2500. At the expiration of the respective terms of office, the Police Commissioners are to be elected for six years each. Page 50'S.— Commissioner of Water Department. — George U.Porter, vice James L. McLane, resigned January 8th, 1875. Page 504^.— Park Commissiona'. —Chuvlea H. Mercer, vice Jas. Webb, deceased. THE FOKTY-FOUKTH COKGKESS. 659 FORTY-FOURTH CONGRESS. [Commencing March 4th, 1875.] LIST OF MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES. Republicans in Roman, 43 ; Democrats in Italics, 27; Indepen- dents in Small Caps, 3 ; Vacant, 1. [The flgurea denote the expiration of the Term of Senators.] THE SENATE. Vice-President Henry Wilson, of Mass., President. ALABAMA. Oeorge Ooldthwaite 1877 George E. Spencer 1879 ARKANSAS. Powell Clayton 1877 Stephen W. Dorsey 1879 CALIFORNIA. Aaron A. Sargent 1879 Newton Booth 1881 connecticut. Orris S.Ferry 1879 Wm. W. Eaton 1881 DELAWARE. Eli Saulsbury 1877 Thanias F. Bayard 1881 FLORIDA. Simon B. Conover 1879 Chas. W. Jones 1881 GEORGIA. Thomas M. Norwood 1877 John B. Gordon 1879 ILLINOIS. John A. Logan 1877 Richard J. Oglesby 1879 INDIANA. Oliver p. Morton 1879 Joseph E. McDonald 1881 IOWA. George G. Wridit 1877 Wiliram B. Allison 1879 KANSAS. James M. Harvey 1877 John J. Ingalls 1879 KENTUCKY. John W. Stevens 1877 Th&mas C. McCreery 1879 LOUISIANA J. Rodman West 1877 [Vacancy.] MAINE. Lot M.Morrill 1879 Hannibal Hamlin 1881 MARYLAND. George R. Dennis 1879 Wm. Pinkney Whyte 1881 MASSACHUSETTS. George S. Boutwell 1877 Henry L. Dawes 1881 MICHIGAN. Thomas W. Ferry 1877 L P. Christiancy 1881 MINNESOTA. William Windom 1877 Sauil. J. R. McMillan 1881 MISSISSIPPI. James L. Alcorn 1877 Branch K. Bruce 1881 MISSOURI. Lexcis V. Bogy 1879 F. M. Cockrell 1881 NEBRASKA. Phineas W. Hitchcock 1877 A. S. Paddock 1881 NEVADA. John P. Jones 1879 Wm. Sharon 1881 660 THE FORTY-FOURTH CONGRESS. NEW HAMPSHIRE. Aaron H. Cragin 1877 Bainbridge Wadleigh 1879 ^EW JERSEY. F. T. Freliiiirhuvsen 1877 Theodore F. Randolph 1881 NEW YORK. Enscoe Cnnkling 1879 Francis Kernan 1881 KORTH CAROLINA. Matthew \V. Ranmm 1877 Augustus S. Merrimon 1879 OHIO. John Sherman 1879 Allen G. Thurman 1881 OREGON. James K. Kelly 1877 John H. Mitchell 1879 PENNSYLVANIA. Simon Cameron 1879 M'm. A. Wallace 1881 RHODE ISLAND. Henry B. Anthony 1877 Ambrose E. Burnside 1881 SOUTH CAROLINA. Thos. J. Robertson 1877 John J. Patterson 1879 TENNESSEE. Henry Cooper 1877 Andrew Johnson . • 1881 TEXAS. Morgan C. Hamilton 1877 Samuel C. IJaxey 1881 VERMONT. Justin S. Morrill 1879 Geo. F. Edmunds 1881 VIRGINIA. John W. Johnston 1877 Robert E. Withers 1881 V/EST VIRGINIA. Henry G. Davis 1877 Allen T. Gaperton 1881 WISCONSIN. Timothy O. Howe 1877 Angus Cameron 1881 [See Page 625 for Officers of the Senate.] Every seat is filled except one from Louisiana, for which Pinchback and McMillan are contestants. In the House there are eiirhtcen vacan- cies, four of which are in States that have no election, lour of vacan- cies caused by death. Summary. — Forty-third Congress. — rjcjniljlicans, 49; Democrats, 20; Independents, 4 ; Vacancy, 1. Forty-foiut'i Congress. — Reiiublicans, 43; Democrats, 27; Independents, 3 ; Vacant, 1. THK FORTY-FOURTU CONGRESS. 661 HOUSE OP REPRESENTATIVES. Republicans in Roman, 104 ; Democrats in Italics, 171 ; Independents in Small Caps, 6. There are 10 to elect by States, and 4 to fill vacancies caused by death. The asterisk (*) indicates members of the ijrevious Congress re-elected ; the (c) stands for colored. Wm. IT. Fellon. ALABAMA. At Large — Burwell B. Lewis. Wm. H. Forney. 1. Jerry Haralson. 2. Jerry N. Williaim. 3. Paul Bradford. 4. *Cli!irles Hays. 5. *John II. CaldweU. 6. Goldsmith W. Hewitt. ARKANSAS. 1. Lncien G. Gause. 2. Wm. P. Slemons. 3. Wm. W. Wiltshire. 4. * Thomas M. Gunter. CALIFORNIA. [Elects four Representatives in 1875.1 CONNECTICUT. 1. George M. Lander's. 2. James Phelps. 3. B. H. Starkweather. 4. Wm. H. Barnum. DELAWARE. 1. James Williams. FLORIDA. 1. *William J. Purman. 2. *Josiah T. Walls, (c) GEORGIA. 1. Julian Hartridge. 2. Wm. E. Smith. 3. * Philip Cook. 4. * Henry B. Harris. 5. Milton A. Candler. 6. *Jatnes H. Blount. 8. * Alexander H. Stephens. 9. [Vacant by death.] ILLINOIS. 1. Barney G. Cauljield. 2. Carter H. Harrison. 3. *Charles B. Farwell. 4. *Stephen A. Hurlbut. 5. *Horatio C. B orchard. G. Thos. J. Henderson. 7. Alexander Campbell. 8. *Greenbury L. Fort. 9. Richard 11. 10. John C. Bagby. 11. Scott Wise. 12. Wm. M. Sprinoer. 13. Adlia E. Stevenson. 14. *Jo8eph G. Cannon. 15. *John R. Eden. 16. Wm. A. J. Sparks. 17. * Wm. li. Morrison. 18. Wm. Ilarisell. 19. Wm. B. Anderson. AYhiting. INDIANA. Benoni 8. Fuller. James B. Williams. 3. *Michael C. Kerr. 4. Jeptlia D. New. * Wm. S. Holman. Miltcm S. Robinson. Franklin Landers. *Morton C. Hunter. Thomas J. Cuson. Wm. S. Haymond. James L. Evans. 12. Andrew H. Hamilton. 13. John H. Baker. 1. 2. 'o. G. I . 8. 9. 10. 11. IOWA. 1. *Geo. W. McCrary. 2. John Q. Tufts. 6'J3 THE FORTY-FOURTH CONGRESS. ^. L. L. Ainsworth. 4. *Hemy O. Pratt. 5. *James AVilson. 6. Ezekiel S. Sampson. 7. *.John A. Kasson. 8. *James W. McDill. 9. Addison Oliver. KANSAS 1. *Wm. A. Phillips. 2. Jno. B. Goodin. 3. *\Vni. B. Brown. KENTUCKY. 1. A. R. Boone. 2. *John Y. Brown. 3. "^ Charles W. Millihin. 4. */. Proctor Knott. 5. Edward Y. Parsons. 6. Thomas L. Jones. 7. J. C. 8. Blackburn. 8.- *Milton J. 'Durham. 9. John D. White. 10. John B. Clarke. LOUISIANA. 1. Randall L. Gibson. 2. E. John Ellis. 3. ^Chester B. Darrall. 4. Wm. If. Levy. 5. *Frank Morey. 6. Charles E. Nash, (c) MAINE. 1. *J ohn H. Burleigh. 2. *\Ym. P. Frye. 3. *.Iaaies G. Blaine. 4. [Vacant by death.] 5. *Eiigene Hale. MARYLAND. 1. Philip F. Thomas. 2. Charles B. Roberts. 3. * Wm. J. O'Brien. 4. * Thomas Sicann. 5. Eli J. Henkle. G. Wm. Walsh. MASSACHUSETTS 1. [Vacant by death.] 2. *Benjaniin W. Harris. 3. *Henrv L. Pierce. 4. Rufus's. Frost. 5. Nath. p. Banks. 6. Charles P. Thompson. 7. John K. Tarbox. 8. ^^m. Tl'. Warren. 9. *George F. Hoar. 10. Julius H. Seelye. 11. Chester W. Chapin. MICHIGAN. 1. Alpheus 8. Williams. 2. ~Henry Waldron. 3. "George Willard. 4. Allen Potter. 5. *William B. Williams. 6. George H. Bur and. 7. "^Omar D. Conger. 8. '^Nathan B. Bradlev. 9. Jay A. Hubbell. MINNESOTA. 1. ''Mark H. Bunnell. 2. *Horace B. Strait. 3. Wm. S. King. MISSISSIPPI. [Elects six members in Novem- ber 1875.] MISSOUHI. 1. Edward C. Kehr. 2. *Erastus Welb. 3. * Wm. H. 8tone. 4. "^ Robert A. Hatcher. 5. ^Richard P. Bland. 6. Charles H. Mm'gan, 7. John F. Phillips. 8. Benjamin F. FranMin. I 9. David Rea. 1 10. i?. .4. DeBolt. ill. *John B. Clarice, Jr. 12. *John M. Gloter. 13. Aylett'H. Ruckner. NEBRASKA. 1. Lorenzo Crounse. NEVADA. 1, Wm. Woodbum. THE FORTY-POURXn CONGRESS. 663 1. 2. 3. NEW HAMPSHIRE - Jonea. - Bell. - Blair. NEW JERSEY 1. C. H. Sinnickson. 2. *Sanuiel A. Dobbins. 3. Mile% Ross. 4. *Rohert Hamilton. 5. Augustus W. Cutler. 6. Frederick H. Teese. 7. Aug. A. Hardenherg. NEW YORK. 1. Henry B. Metcalfe. 2. *John O. Schumaker. 3. Sim. B. Chittenden. 4. Archibald M. Bliss. 5. Edwin B. Meade. 6. *Samuel S. Cox. 7. Smith Ely, Jr. 8. Elijah Ward. J). *Fernando Wood. 10. Ah-am S. Hewitt. 11. Benjamin S. Willie, 12. i\^. Holmes Odell. 13. *J. G. Whitehouse. 14. George M. Beebe. 15. John H. Bagley, Jr. 16. Charles H. Adams. 17. Martin I. Townsend. 18. Andrew Williams. 19. *Wm. A. Wheeler. 20. *Henry H. Hathorn. 21. Samuel F. Miller. 22. George A. Bagley. 23. Scott Lord. 24. William H. Baker. 25. E. W. Leavenworth. 26. *C. D. McDougall. 27. Elbridge G. Lapham. 28. *Thomas C. Piatt. 29. Chas. C. B. Walker. 30. Jno. M. Davy. 31. *George G. Hoskins. 32. *Lyman K. Bass. 33. [Vacant by death.] • NORTH CAROLINA. 1. Jesse J. Teates. 2. John A. Hyman. (c) 3. * Alfred M. Waddell. 4. Joseph J. Davis. 5. Alfred M. Scales. 6. * Thomas 8. Ashe. 7. * Wm. M. Bobbins. 8. "'Robert B. Vance. RHODE ISLAND. 1. *Benjarain T. Eames. 2. Latimer W. Ballou. SOUTH CAROLINA. 1. ^'Joseph H. Rainey. (c) 2. E. W. M. Mackey. 3. Solomon L. Hoge. 4. °Alex. S. Wallace. 5. Reuben Smalls, (c) OHIO. 1. Milton Sayler. 2. *Henry B. Banning. 3. John S. Savage. 4. John A. McMahon. 5. "Americus V. Rice, 6. Frank H. Hard. 7. ''^Lawrence T. Neal. 8. **Williara Lawrence. 9. E. F. Poppleton. 10. "Charles Foster. 11. Jno. L. Vance. 12. Ansel T. Walling. 13. '^'M. I. Southard. 14. John P. Coican. 15. N. H. Van Vorhees. 16. *^Lorenz() Danforth. 17. *^L. D. Woodworth. 18. '•'James Monroe. 19. *James A. Garfield. 20. Henry B. Patjne. OREGON. 1. George A. La Dow. PENNSYLVANIA. 1. Chapman Freeman. 2. ^Charles O'Neill. 3. * Samuel J. Randall. 4. «Wiliiam D. Kelly. 5. Jofni Bobbins. 6. '■'Wash. Townsend. • 7. Alan Wood, Jr. 8. Heister Clymer. 9. -A. Herr Smith 10. Wm,. Mutchler. 664 THE FORTY-FOURTU CONGRESS. 11. Francis I). Collins. 12. Winth'p W. Ketcham. 13. James B. Reilly. 14. *-Jno. B. Packer. 15. Joseph Powell. 1(3. *S(ibieski Ross. 17. John Reilly. 18. W'm. S. 8te7iger. 19. Levi Maish. 30. Levi A. Mackey. ■ 21. Jacoh Turney. 22. James H Ilopkins. 23. Alex. G. Cochran. 24. John W. Wallace. 25. George A. Jenks. 2G. James Sheakley. 27. Albert G. Egbert. TENNESSEE. 1. Wm. MeFarland. 2. Jac. M. Thornburgh. 3. George G. Lihrett. 4. Samuel M. Fite. 5. *Joh7i M. Bright. 6. Jolin F. House. l.'^Wash. C. Whitthorne. 8. *Joh7i D. G. Atkins. 9. Wm. P. Caldwell. 10. H. Casey Young. TEXAS. 1. John II. Reagan. 2. David B. Culberson. 3. J. W. Thruclcmorton. 4. * Roger Q. Mills. 5. *John Hancock. 6. Gustave Schleicher. VERMONT. 1. Charles H. Joyce. 2. Dudley C. Denison. 3. *George H. Hendee. VmCxINIA. 1. B. B. Douglass. 2. John G. Goode, Jr. S. G. C. Walker. 4. Wm H. H. Stowcll. 5. George C. Cabell. 6. Joh7i R. Tucker. 7. John 7\ Harris. 8. *Eppa Hunton. 9. Wm. Terry. WEST VIRGINIA. 1. Benja7nin Wilso7i. 2. Chas. J. Faulkner. 3 *F7'ank He7-eford. WISCONSIN. 1. *Charle8 G. Williams. 2. Lucien B. Caswell. 3. Henry S. Magonn. 4. W7n. Pitt Linde. 5. Sa7nuel D. Burchard. 6. Alanson M. Kimball. 7" *Jeremiah M. Rusk. 8. George W. Gate. TERRITORIAL DELEGATES. Arizona Hiram S. Stevens. Colorado Thomas M. Patterson. Dakota .Jefferson P. Kidder. Ihaiio Thomas W. Bennett. Montana *Md7'tin Maginnis. New, Mexico [Elects in September.] Utah George Q. Cannon. Washington Orange .Jacobs. WyoMiNn * Wm. R. Steele. i I THE FORTY-FOURTH COrCRESS. G65 CONTESTED SEATS IN THE HOUSE. STATE. SEAT. CONTESTED BY. xVlabama Harrison F. I). Bromherg. Alabama Williams J:imes T. Rapier. (<•) Alabama Hays James T. Jones. Florida Purman John A. Henderson Florida Walls, (c) Jesse J. Finle>/. Georgia Ilartbridge John E. Bryant. Georgia. Smith K. H. Whiteley. Illinois .. Farwell John V. Le Moyne. Illinois Whiting Leonard F. Ross. Indiana Hunter Harrison J. Rice. Indiana Baker Freeman Kelli/. Kentucky White Harrison Cockrill. Louisiana Morey Wm. B. Spencer. ]\Iaryland Wahh Lloyd Lowndes. Massachusetts Frost Josiah G. Abbott. Minnesota Strait E. St. Julien Cox. Pennsylvania. . .... . . Freeman I'hos. B. Florence. Pennsylvania Egbert Carlton B. Curtis. South Carolina Hoge Benj. H. McGowan. South Carolina Wallace Joseph B. Kershaw. Virginia Ooode Jas. H. Piatt, Jr. THE BALTIMORE CITY OFPICEIIS. L■::^TDEIi the municipal government. [Corrected to April, 1875.] [See Baltimore City Government, images- 401 to 459.] MAYOK OF BALTIMORE. Hon. Joshua Vansant. [Re-elected October, 1873, for two years.] Secretary to the Mayoralty.— John M. McElroy. Clerk to ths Mayor. — Andrew J. King. City Counsellor. — I. Nevitt Steele. City Solicitor. — Albert Ritchie. Mayofs Detective. — Beverly Diggs. THE CITY COUNCIL, FIRST BRANCH. President. — Hon. Otis Keilholtz. Wards. 1. Andrew F. Scliroeder. 2. Henry Cashmyer. 3. Edward W. Bennett, Sr. 4. §C. W. Lewis. 5. James Sajjp. §.John L. Baker. Thomas A. Onion. Thomas P. Kernan. ^Ym. E. Stewart. §Warfield T. Browning. G. 7. 8. 9. 10. Wards. 11. H. Rnzier Dulaney. 12. §.Joseph S. Heuisler. 13. §Otid Keilholtz. 14. James C. Randall. 15. Dr. M. W. Donavin. 16. Jos. McCauley. 17. John Fitzj^atrick. 18. Jno. S. Bullock. 19. Wm. AV. Orndorff. 20. §Dr. Charles W. Chancellor. § Re-elected. Officers of the First Branch. Chief Clerh.—A. V. Milholland, Assistant Clerk. — J. Frank Brady. General Committee Clerk. — Allen E. Forrester. Senjeant-at-arms. — James Stanton. Paye. — Daniel Barr. Doorkeepers. — W. H. Hamilton, 3rd Ward, and James Dorsev, 10th Ward. 666 BALTIMORE CITY OFFICERS. GG7 SECOND BRANCH. President. — Hon. Henry Seim. Wards. Wards. 1 and 2. Charles Streei^cr. 3 and 4. John K. Carroll. 5 and 6. §Wni. H. Bolton. 7 and 8. Gcorgo Rinehart. 9 and 10. Henry Seim. 11 and 12. Henry D. Loney. i;^ and 14. J no. S.Hogg. 15 and 1<5. Wm. J. Murray. 17 and IS. Cluirles A. Wheeler. 19 and 20. George A. Kirk. § Elected in March 1875 to till a vacancy. Officers of the Second Branch. Chief Cleric. — Joseph J. Grindall. AssiMant Clerk. — E. J. Eil wards. Committee Clerk. — George T. Bedtl, Jr. Sergeant-at-Arms. — Joseph W. Wallace. Doorkeepers. — John M-ihan, 9th Ward, and one vacancy. Page.— J). H. Berry. The pay of the officers of both branches is fixed at every session. For the present session the compensation is as follows : Chief Clerks, $.';.00 per day ; Reading Clerks, $4.00 per day. The salary of t hi- Bergeants-at-arms and Doorkeepers is $4.00 per day when in sessio)!. ami !^2.00 per day when the City Council is not in session, nuikiu^; §970 i)er year. The session is limited to 120 days. FINANCIAL OFFICERS. City Comptroller's Office. City Comptroller. — Samuel Maccubbin. Chief Clerk to Comptroller.—^. S. Mills, Jr. Aasistant Clerk. — Charles W. Woodward. City Register's Office. City Register. — John A. Robb. D"pv1y Register and Cashier.S. Turner Duvall. C'iief Clerk Register's Office.— J. Sewell Thomas. Assistant Clerk Register's Office.— W. C. Martin. Transfer Clerk Register's Office. — G. M. Gorton. City Collector's Office. Tax Department. ' City Collector.— James M. Anderson. Deputii Collector. — J. T. M. Barnes. Crt.s/;/«-.— Uichard G. Duckett. Assistant Cashier.— Cla-ph-.im Murray. Bookkeeper. — Joshua B. Williams. Anslst.'int Bookkeeper.— FyqAqx-xcW S. Hipkins. Clerks. — George C. Payne, James K. Harwood, A. B. Upshur, Thos, Carroll, August Wagner, Charles Schwartzhaupt, Clifford C. Ander- son, Michael P. Caughy, Henry A. Seim, Frank Nicholson, salary, each $1300. 668 BALTIMORE CITY ovyicvins. Bailiffs and Assessors. — John R. Wright, William TlandMll, Snmnfl E. Witters,. Henry M. Adler, Josei)h V. Baxter, Geo. W. Bauks, Geo. A. Rea, John M. Mills, John M. Travers, Isaac S. Sanner, John B. Garvey, John R. Diggs, James H. McFarland, Joseph H. Krager. Commissioners of Finance. — Joshua Vansant, Chairman; R. T. Bald- win, Charles J. Baker. Judges of Appeal Tax Court. — Edward A. Gibbs, BealeH. Richard- son, Wm. J.King, Assessor, Hhos. Gififord. Glerh, H. P. Mowmkle. Assistant Clerh, D. A. Fenton. City Lih-arian. — John S. Brown. Agent of Baltimore city fer the Deaf and Dumb Institute of Maryland. Wm. R. Barry. STREETS. City Commissioner. — John H. Tegraeyer. Assistant City Commissioner. — Richard H. Johns. Clerh., J. E. Toole. Commissioners for Opening Streets. — Isaac Cox, John T. Piquett, James S. Morrow. Clerk, Robert Green. Superintendents of 5«?-ee;ter 9th and 10th i( G. B. Reynolds. 19th and 20th i; J. E. GJbbu•i:^ BALTIMORE CITY OFFICERS. 669 EDUCATION. Commissioners of PuUic Schools: — John T. Morris, President. Wards. 1st George "W. Thompson. 3d George L. Ilarael. 8d Willmm C. Atkinson. 4t]i Dr. Thomas Kelly. 5th William M. Ives. 6th AVashington Kelly. 7th Robert H. Sinclair. 8th James Boyle. •9th A. L. Spear. 10th John T. Morris. W.irclp. nth John P. Pop. 12th Thomas J. JIagruder. i;3th Jolin L. L.iwtim. 14th G. S. Grimtii. 15th JohnForrv. IGth Dr. John W. Brown. 17th H. B. Roemor. ISth Cliristian Emmerich. 19th Philip M. Siiowden. 20th Brice H. Ilobbs. Svperintmdent. — William R. Creery. Assista?}t Superintendent. — Bernard C. Reed. Secretary. — II. M. Cowles. BALTIMORE CITY JAIL. Board of Visitors. — Charles Webb, M. S. Hess, John I. Bennett, Isaac S. George, B. L. Harig. Warden. — James II. Irwin. Cleric— \Ym. H. H. Turner. Physician. — Jacob W. Houck. Deputy Wardens. — Jno. F. Carter, Greenbury Wilson, William How- ard, Charles Hergesheimcr, Charles Carroll, W. H. Cross, T. B. Saun- ders, Robert Ireland, John B. Heaps. Chief Engineer. — Wm. H. JMiller. A-fnistarit Engmeer. — James Robinson. Baker. — George Tenst. Matron. — Elizabeth Deiter. Gardener. — James Miller. PARK COMMISSIONERS. Joshua Vansant, Chairman. Thomas Swann, William E. Hooper, John H. B. Latrobe, Louis McLane, Charles H. Mercer. Clerk. — D. Rayhice. BATVIEW ASYLUM. Tmstees of Almshouse. — Henry Snyder, President; Jos. Clarkson, Jos. Friedcnwald, Thomas White, Joshua H. Atkinson. Viaiting Phi/sicians. — George G. Farnandis, Wm. H. Diflenderfer. Superintendent. — Capt. John Mitchell. Agent or Purveyor. — William II. Hiss. Apothecary. — .]. Turner Bartlett. Farmer. — Benjamin F. Sapp. Clerk. — James F. Bayly. Chief Engineer. — Daul. Bell. Assistant Engineer. — William Kaiser. Baker. — Ciiarles Jones. Messenger. -J. Wesley Sapp. Matron. Marv Miller. 670 BALTIMORE CITY OFFICERS. WARD MANAGERS OF THE POOR. 1st "Ward, John Maxwell ; 2fl, John Cloke ; 3d, Richard C. Kemp; 4th, Abraham Rosetifeld; 5th, Mathew Clark; 6th, M. McClintock; 7th, E.D. Onion; 8th, Thos.Kernan ; 9th, W.H. Griffith ; 10th, Thos. G. Morrow; 11th, Henry Snyder, Jr. ; 13th, Dennis Kirby; 13th, Wm. Keilholtz; 14th, Hiram Spicer; 15th, F. Hassenkamp ; Ifith, Peter Hines; 17th, Henry Dickena; 18th, F. McCurley ; 19th, Geo. A.Smith; 20th, Benjamin Horn. SUPERINTENDENTS OF CHIMNEY SWEEPS. 1st District, Charles A. Byrne ; 2d, Henry Weitzell ; 3d, T. D: Kugermore; 4th, James R. Collison ; 5th, Stanislaus Farrall; 6th, Joseph Anker ; 7th, John H. Bradekamp ; 8th, George W. Ruckle ; 9th, Wm. H. Ferine; 10th, Edward Wells ; 11th, George Bucheimer. THE HARBOR, &c. Commissioners for Deepening ami Improving the Chesapeake Bay and Patapsco River. — Joshua Vansant, Chairman ; D. Mordecai, Robert R. Kirkland, J. Strieker Jenkins, Wm. H. Skinner, Malcolm Crighton, James B. Andrews, Capt. Daniel Constantine. Port Warden. — Capt. Daniel Constantine; Cleric, James H. McNeal. Commissioners of the Patapsco River Improvement Board. — Joshua Vansant, JohnW. Garrett, J. Hall Pleasants. Ilarlor Masters. — 1st District, John Black ; 2d, William Costigan ; 8d, Fayette Plummer ; 4th, Moses Griest ; 5th, James Donnelly. INSPECTORS AND COMMISSIONERS. Inspectors of Weights and Measures. — Eastern District, Samuel R. Kirby. Western District, Geo. A. Freburger. Inspector of Long and Dry Measures. — James Miller. Inspector of Illuminating Gas. — Professor W. E. A. Aikin. Inspector and Sealer of Oas Meters. — F. W. King. Inspector of Charcoal. — Jacob Groh. Commissioners of Franklin Square. — Dr. Edward Schwartze, Dr. D. B. McLaughlin, Joseph H. McGee. Commissioners of Union Square. — W. A. Boyd, Jr , Wm. H. Mantz, Robert M. Jones. Commissioners of Lafayette Square. — Fielder C. Slingluff, William J. Davidson, Dr. Silas Baldwin. Commissioners of Eutaw Place. — William Woodward, Charles E. Phelps, W. W. Frush. Commissioners of Madison Square. — John D. Boon, Jr., Samuel W. Register, A. P. Caldwell. Commissionei-s of Harlem Square. — R. Stewart Latrobe, Charles F. Crane, A. B. Patterson. Commissioners of Battery Square. — Lewis Ehlers, Michael Ci'.llen, George Yeagle. Commissioners of Eastern City Spring. — William H. Small, Wm. McWilliams, Capt. John F. LeBrou. BALTIMOllE CITY OFFICERS. 671 Commusioners of Broadway Squares.— W &sh\nsion Kelly E P Vin- cent, Isaac W. Mohler. j> • • Commmioners of Perkins Sprinr;.— Joseph Harris, F. J. Wilhelm Edward M. Kirkland. ' PUBLIC BUILDINGS. Building Committee New City ZTaW.— Joshua Vansant, Ichabod Jean Samuel H. Adams, J, Hall Pleasants, John M. CoUev. CZeri-.— Walter J. Smith. Architect. — George A. Frederick. Super intende}it. — John J. Purcell. Messenger. — Hugh O'Brien. Inspector of Public Buildings.— John W. Colley ; Clerk, Mortimer S Watkins. Superintendent of Court House, Record Office and Gfrounds.— Jackson Sheiry. Watchman at Court House. — Michael Murphy. Janitor and Messenger ut City Hall— Cyrus Sinclair. Day Watchman at City Hall. — Cornelius S. Frazier. Night Watchman at City Hall— John Schlerth. Janitor of Old Masonic Hall Building.— John T. Gosnell. Watchman at Old Masonic Hall Building.— 'M.&iihid.s Spangler. MARKETS, &c. Clerk of Centre Market.— llanry McGowan. . Assistant Clerk, — James H. Hays. Clerk of Lexington Market. — James Kirk.'. Assistant Glei-k. — Jesse W. Small. Clerk of Hanover Market. — E. W. Albaugh, Clerk of Fells Point Market.— James Essender, Jr.' Clerk of Belair Market. — Peter M. McDonald. Clerk of Richmond Market. — John "Wolf. Clerk of Hollins Street ifar/tc^.— William McConnell. Clerk of Cross Street Market. — IMichael Keaney. Clerk of Lafayette 3farket.— Thomas Briddle. Keeper of Market under Maryland Institute.— Bennett A. Williams Keeper of Eastern Fountain.— John Kennedy. Keeper of Madison Square. — John Guy ton. Keeper of Union Square. — George Bond. Keeper of Lafayette Square.— Banie] Smith. Keeper of Battery Square. — John Fletcher. Keeper of Broadway Squares. — Peter Duffy, Keeper of Harlem Square. — Edward A. Hahn. Keeper of Drawbridge. — Joseph Files. Keeper of Washington Monument. — John Fenton. Keeper of Hall over Broadxoay Market.— lsl\ehz.e\ P. Gorman. Keeper of Calvert Street Spring.— Alexander McDonald. Keeper of Franklin Square. — John Love. Keeper of Perkins Spring. — Patrick Brady. G73 BALTIMORE CITY OFFICERS. LAMPLIGHTERS. Lamplighters for the Eastern District. — J. L. Johnson, Superintend- ent; James Everist, Isador Eisman, Isaac Redgrave, Michael Kerch- iier, Robert Wells, Jr., George Wittinan, George Preller, James Scott, Patrick Philbin, Michael Herr, Jesse Kent, Henry Ott, John Fritz, John A. Bowers. John S. Marriott, Charles C. Williams, Patrick Mc- Kiuley, Edward Davis, Henry Ogle, Juo. Hass, Abraham Singsheimer, Christian Mohr, Elias Richter. Lamplighters for the Middle District. — Thos. Arthur, Superintendent ; Jonn W. Deshon, John H. Nagel, Presley S. Aubray, George W. Ilall, James McMannis, Martin Eagan, Joseph L. Tall, Nicholas Cunning- ham, John O'Brien, Michael Sloan, John Kelly, David Johnson, John Moon, James Kidd, Carl Hudgins, John Sutherland, James Johnson, Benj. Tall, James Tierney, J. F. Colton, Matthew Nooney, James Con- noboy, Thos. F. lUich, James Cairns, Andrew Kautz, Peter Mclutire, Owen Burke, Francis Eagan, Geo. W. Betts, James Start. Lamplighters for the Western District. — William T. Culver, Superin tentlent; Thomas Wright, Henry Long, Michael Sullivan, John Don- doken, Patrick Loud, Christojiher Mozner, Charles C. Pease, Zach- uriah Legoe, Thomas R. Frizzle, Edward Schnur, George Cralt, Wm. Gilleland, James Flynn, Thomas Rooney, Alfred Kuhn, Edward Plummer, Jacob Shedel, George T. Price, M. A. Canton, Patrick Mad- den, Thomas Clark, Josej^h Barkman, Thos. E. Burgess, John Shanks, Anthony Strausbaugh, Andj-ew Stirley. Lamplighters for the Southern District. — John Kauderer, Superintend- ent; Morris Moser, Wm. Meeks, Jr., Josejjh S. Walker, John Dickel, Albert Shreck, Michael Hays, Michael Reagan, Wm. H. Baker, Levi Collins, John Longley, David Simmon, John Pensel, Geo. G. Grohe, John Oullahan, John V. Eill)acker, John Corbitt, John F. Peppel, Joseph Richenberger, Wm. H. Musgrave. JUSTICES OF THE PEACE. [Appointed by the Governor.] [Commissions expire first Monday in May 1876.] 1st Ward, Marcus Ritgert, E. P. Flaherty. 3d, Henry Cashmyer, B. O. Hatcheson. 3d, John T. Farlow,L. M. Coleman. 4th, John T. Maddox, Clarence Peters. 5th, Daniel Hagerty, Robert W. Hays. 6th, Henry M. Staylor, Lloyd Slemmer. 7th, Wm. S. Murphy, John T. Gorsuch. 8th, William H. Roberts, William H. Bayzand. 9th, A. Ballauf, Joshua M. Myers. 10th, W. H. Gill, Charles P. Brewer. 11th, Thos. J. Welby, Peter Kreis. 13th, David H. Lucchesi, W. H. Hayward. 13th, Lewis H. Dammann, George W. Bell. 14th, Otto Benner, George McCaffray. 15th, Samuel Jarden, George J. Kreis. 16th, Daniel Bride, James E. Stone. 17th, Daniel Piquett, S. C. Tall. 18th, C. A. Wheeler, Alex. M. Briscoe. 19th, Edward G. Starr, Robt. A. Thursby. 30th, George V. Metzel, George A. Hennick. At Large. — Joseph Watson, Upton Scott, Benj. Eccleston, H. W. Snowden. BALTIMORE CITY OFFICERS. MAGISTRATES OF POLICE STATIONS. Eastern District. — Jno. T. Farlow. Southern District. — Geo Kreis. Middle District. — Daniel Hagerty. Western District. — Clarence Peters. J^orth- Western District.— George McCaffray. C ONST AB LE S. 1st Ward, Horatio P. Wallace, H. P. Rose. 2d, Louis Roll, Wm. J. Smith. 3d, A. P. Maddox, Martin Gardner. 4th, G. Koffenberger, Wm. J. McLaiisrhlin. 5th, Eucrene Share, Joseph T. Pearson. 6th, Christian F. Deiterly, John F.^Cook. 7th, Wm. F. Eberwein, Chap. C. Quinn. 8th, David Dobler, John Dufly. 9th, P. F. Dolan, Wm. J. Bowling. 10th, S. Gassaway Watkins, L. H. Weiman. 11th, John W. Nevin, Andre'>v Carriek. 12th, Stephen A. Morse, Wm. H. Hitch- cock. 13th, George W. Hayne, Samuel Reese. 14th, Leonard D. Miller, H. Bernheimer. 15th, Alonzo Snyder, Thomas H. Shanks. 16th, N. Robinson, J. S. Showacre. 17th. William P. Smith, Charles Bopp. 18th, David P. West, Augustus Hoffman. 19th, Richard O. Jess.up, James E. Sangston. 2nth, John K. Stein, Peter H. Stitcher. At Large. — Jas. Barnes, Peter Alt, Chas. E. Harrigan, J. J. Wilson. CITY DIRECTORS, TRUSTEES, &c. Directors on tJie part of the City in the Baltimore and Ohio Railroad Company. — Thomas White, John G. Mcdin^jer, John F. Wiley, Robert T. Banks, Morris A. Thomas, Charles H. N icolai, Simon I. Kemp. Directors on the part of the City in the Union Railroad Company. — Wm. G. Harrison, H. H. Lewis. Directors on the part of ths City in the Western Maryland Railroad Company. — J.M.Hood, President; Alexander Reiman, Vice-President; Samuel H. Adams, E. G. Hii^sley, D. J. Foley, William A. Boyd, Jr., George M. Bokee, Wm. SeemuUer. Directors on the part of the City in the Pittsburgh and Con?ieUsville Railroad. — William H. Perkins, Israel Cohen, H. G. Vickery. City Directors in the Valley Railroad. — Robt. S. Baldwin, Decatur H. Miller, Richard Norris, Jr. Trustees on the part of tlie City for St. Mary''s Industrial School. — R. W. L. Rasin, Col. Geo. P. Kane, Charles J. Bonaparte. Directors on lehalf of the City of the Maryland Industrial School for Girls. — G. S. Griffith, J. Q. A. Herring, John S. Reese, John C. Bridges. George R. Skillman. Managers of the Ilousi of Refuge on the part of the City. — Charles A. Keyser, Lewis A. Biroly, A. Fuller Crane, J. E. Trippe, Charles H. Torsch, Georize AV. Rol)inson, Thomas R. Crane, Wm. Reynolds, W. W. Spence, Charles Towson. Managers on the part of the City for the Douse of Reformation and Instruction for Colored Children.— lS,noc\i Pratt, Richard D. Fisher. Agent of Baltimore City for tJie Deaf and Dumb Institute of Mary- land. — William R. Barry. Trustees of the McDonogh Educational Fund and Institute. — Samuel H. Tagart, H. Clay Dallam, John Donnell Smith, William A. Stew- art, William Keyser, David L. Bartlett, Thomas Bond. 674 BALTIMORE CITY OFFICEIiS. Distributors of Fund for the Belief of the Widows of those loho fell in Defence of the City, in 1314. — Wm. C. Atkinson, Henry li. Louderman, Finley H. Burns. FIRE DEPARTMENT. Commissioners. — Jno. T. Morris, President; Samuel Kirk, Treasurer; Thomas W. Campbell, Wm. Wilson, Jr., James A. Bruce. Chief Engineer. — Henry Sijilman. Assistant Engineers. — Geo. W. EUender, John M. Hennick. Secretary and Cleric. — George A. Campbell. No. 1 Engine. Foreman, Jacob H. Hay ward. Engineman, Jno. H. Deal. Assistant Engineman, Jacob W. Yeaton. Hostler, Lewis J. Fresch. Firemen, Alex. Forrest, James Humes, Wm. White, John H. Morgan, Laurence Pistel, John T. Northouse, E. R. Addison, G. N. Mackenheiraer. No. 2 Engine. Foreman, Jacob Hines. Engineman, T. Wheatley. Assistant En- ffineraan, Saml. Stansbury. Hostler, Richard Kelly. Firemen, Thos. S. Rodenhi, John A. Young, Charles Romoser, Benjamin T. Wirts, Francis Slain, George Wernex, Jno. Leddon, Henry Hammel. No. 3 Engine. Foreman, P. H. Flaherty. Engineman, John F. Reilly. Assistant Engineman, T. H. Humphreys, Hostler, P. F. Bi-adley. Firemen, R. Lindsey, C. Renner, W. H. Ward, A. Maguire, J. Bradley, J. Batty. J. Peirce, J. Reilly. No. 4 Engine. Foreman, Geo. W. Hortou. Engineman, Geo. W. GrifRn. Assist- ant Engineman, Francis M. Butler. Hostler, John AVernsing. Fire- men, Samuel French, Joseph Farr, J. Oscar Healey. James H. Walsh, John T. O'Halloran, James Allen, Geo. W. Bentz, Wm. Corcoran. No. 5 Engine. Foreman, W. G. Miller. Engineman, Francis Corrigan. Assistant Engineman, W. Ryan. Hostler, W. Jamieson. Firemen, Jas. Dona- hue, Milton Spoflford, Charles Clark, Wells Ashcraft, Jos. L. Chason, Edwin Bailey, J. O. Krauch, W. T. Disney. No. 6 Engine. Foreman, Wm. W. Watson. Engineman, M. Mulligan. Assistant Engineman, Wm. M. Strebb. Hostler, J. Laracy. Fireman, T. B. Riall, H. .L Edell, D. H. Macaulay, J.. W. Harper, C. T. Wright, W. West, J. Reardon, L. Blake. No. 7 Engine. Foreman, Jacob Stouffer. Engineman, Wm. Hoofnagle. Assistant I-^ngineman, P. F. Moriarty. Hostler, C. M. Kemp. Firemen, H. S. Konig, G. W. Grubb, Ed. Sheeks, G. W. Allen, J. H. Gildea, J. H. McGreevy, J. H. Bowersox, J. P. Welsh. No. 8 Engine. Foreman, G. W. Krager. Engineman, Wm. Thompson. Assistant Engineman, M. Welsh. Hostler, W. Kussmaul. Firemen, Ed. Belelt, BALTIMORE CITY OFFICERS. 67o A. J. TValter, 0. D. Burgess, G. Chapman, P. Gallagher, W. A. Mar- chant, Thos. Mur^^hy, Jas. Leyden. iTo. 9 EngiTie. Foreman, Francis D. Kerr. Engineman, "Wm. T. Calvert. Assist- ant Engineman, Daniel Hodgcrs. Hostler, John Reed. Firemen. Jos. Ryan, James McDevitt, J. A. Love, Geo. Meinberg, S. Uhlfelter, Sam'l Smith, J. T. Harney, Wm. J. Stewart. No. 10 Engine. Foreman, W. R. Ward. Engineman, F. Conway. Assistant En- gineman, J. J. McCoy. Hostler. John Kelly. Firemen, A. Squires, W. Deck, John Cook, Samuel Young, W. H. Conway, John Keily, H. Dunn, J. Keilholtz. No. 11 Engine. Foreman, Andrew Perry. Engineman, John Calder. Assistant Engineman, F. L. Nelson. Hostler, J. W. Leddon. Firemen, Wm. J. McLaughlin, H. R. Seipil, Jas. Peacock. J. D. Danels, J. B. Lehman, Ebenezer Smith, Jacob Meyers, W. Moore. No. 12 Engine. Foreman, Jno. P. Cosgrove. Engineman, M. Lycett. Assistant Engineman, Geo. Linzmyer. Hostler, Goo. D. Taylor. Firemen, W. B. Reynolds. Wm. Rodenhi, D. Mclntire, C. M. Hope, Henry Seebach, L. Broadwater, Charles Langlotz, Jno. Izer. Xo. 1 HooTc and Ladder. Foreman, Henry W. Mears. Tillerman, E. Burke. Hostler, J. E. Patterson. Laddermen, C. Dougherty, J. B. Keene, J. W. Blake, M. Nolan, Jno. Farr, J. L. Southcomb, J. P. Ward, S. Berliner, Joseph Blanchard, J. V. Dougherty. No. 2 Hooh and Ladder. Foreman, Geo. H. Houck. Tillerman, Jno. G. Gill. Hostler, Thos. Montgomery. Laddermen, Charles L. Lilly, Thomas Wagner, F. A. Marston, Chas. M. Hall, Evan L. Dorsey, W. S. Lilly, Louis J. Ru- dolph, W. R. Lashorne, J. W. Friedhofer, J. C. Turner. No. 3 Hoolc and Ladder. Foreman, T. W. Humphreys. Tillerman, Jno. McClellan. Hostler, Chas. Geiger. Laddermen, Robert Crawford, N. Wormsley, J. N. Downs, Thos. Taylor. Wm. E. Vanrossen, G. AV. Foxwell, R. Calder, Jno. Brown, A. Germon, Louis Roll. Fire Lnspector. — Charles T. Holloway, nominated and paid by In- surance Companies. Superintendent of Police and Fire Alarm Telegraph. — Charles W. Crumbacker, salary, $1500. Telegraphic Operators. — Edward P. Kenny, Frank L. McAleese, Harry P. Lucas, Alexander Crummer, salary, $1200 each. Lineman. — Andrew McGann, sahiry, $1200. Assistant Battery and Line Man. — Thomas F. Byrne, salary, $900. 2^°See pages 383 to 459 for the Laws and Ordinances relating to the Municipal OfBcers of Baltimore city. 676 THE POSTAGE LAW. INCEEASE OF SALABIES OP MUNICIPAL OFFICERS. The annual salaries of some of the Municipal Officers of Baltimore city having been changed since this work was commenced, the changes are given below up to the date of present writing, April 19th, 1875. The Mayor, $5000; Secretary, $1600; Clerk, $1200, bond, $2000; Messensrer, $900; Mayor's Detective, $1200, bond, $2500 ; Day and Night Watchmen, $1000 ; Inspector of Public Buildings, $2000 ; .Janitor at Old Masonic Hall and Night Watchman at Court House, $1000 ; Watchman of Old Masonic Building, $2.50 per day ; Mem- bers of City Council, $1000 ; Sergeants-at-Arms and Doorkeepers,$960 ; Comptroller, $2500; Chief Clerk, $1400; Assistant Clerk, $1100 ; Cor- oners, $400; Bailiffs of Courts, $1500 each; Night Watchman of Cir- cuit Court, $900; Chief Engineer of Fire Department, $2000 ; Assist- ant Engineers, $1400 ; Foremen of Engines and Hook and Ladder Companies, $500; Enginemen, $1100; Assistant Enginemen, Tiller- men and Hostlers, $900 ; E.xtra Men, $400 ; Commissioner of Health, $2500 ; Assistant Commissioner of Health, $1500 ; Physician at Ma- rine Hospital, $3000; State Vaccine Agent, $600, and $1400 to pur- chase Virus; Superintendent of Streets, $1000 ; his Laborers, $2.00 per day ; Horse and Cart, $4.00 per day ; Garbage Cart, $3.50 per day ; Clerk to Weigher of Live Stock, $1200; Clerks of Markets— Belair, $700 : Richmond, $450, (Keeper, $240;) Cross St. Market, (Clerk and Keeper,) $800 each ; Centre Market, $400 ; Superintendent of Court House, Record Office and Grounds, $900. THE POSTAGE LAW. The Act of Congress of 1875 amends section 8th of the act of June, 1874, by striking out "two ounces," and inserting "one ounce," so as to read as follows : Sec. 8. That all mailable matter of 8d class, referred to in the Act of June 8th, 1872, may weigh not exceeding four pounds for each pack- age thereof, and postage shall be charged thereon at the rate of one cent for each ow€ ounce or fraction thereof. See page 23, "Miscella- neous Articles." Congressional Franking Privilege. The Act of Congress of March 3d, 1875, Section 3, restores the Franking Privilege to members of Congress, so far as relates to print- ed documents, until December 1st, 1875, with certain limitations. \'' UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. 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