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ORDINANCES 
 
 CITY OF BALTIMORE, 
 
 ACTS OF ASSEMBLY 
 
 OP THE 
 
 STATE OF MARYLAND, 
 
 Rflatiiifl ta i^t fMk §(\jmlB 
 
 CITY OF BALTIMOEE. . 
 
 BALTIMORE: 
 PRINTED BY JAMES LUCAS 
 
 1852. 
 

ORDIJSTAiN^CES 
 
 ACTS OF ASSEMBLY 
 
 No. 3. 
 
 An ordinance to approve of and adopt, an act of the General Assembly of 
 Maryland therein mentioned, for the establishment of Public Schools. 
 
 Be it enacted and ordained by the Mayor and City Council Actof Assem- 
 of Baltimore, that the act of the General Assembly of Mary- !^'y ^°"^,^™- 
 land, passed February 28th 1826, entitled "An act to autho- Schools, ap- 
 rize the Mayor and City Council of Baltimore, to establish proved and 
 Public Schools in said city, be, and the same is hereby ap- ^d°P*^"' 
 proved of and adopted, agreeably to the tenor of said act." 
 
 Appkoved 17th Jamiary, 1827, 
 
 JACOB SMALL, Mayor. 
 
 No. 38 — OF Revised Ordinances, 1850. 
 An Ordinance relating to the Public Schools. 
 
 Section 1. Be it enacted and ordained hy the Mayor aw(i Commission- 
 City Council of Baltimore, that twenty persons, to be called ^" °^ public 
 'Commissioners of Public Schools, shall be appointed by the appointed. 
 Itwo branches of the city council, in convention assembled, in 
 the month of January in each and every year; one commis- 
 sioner to be selected from each of the several wards of the 
 
city ; and said commissioner shall continue in office for one 
 year, and from the end of that time until a new board shall 
 Proviso. have been appointed ; Provided, that if any commissioner 
 
 shall remove from the ward for which he was appointed, be- 
 fore the expiration of the year, then his place in the board 
 shall be vacant. 
 To beconven- Sec. 2. Jind be it enacted and ordained, that said Commis- 
 edbytheraay- sioners of Public Schools shall be convened by the mayor 
 or- within ten days next succeeding their appointment ; and at 
 
 their first meeting, or at some subsequent meeting held by 
 Election of special adjournment, they shall proceed to the election of a 
 president. president from their own board, to be chosen by a majority 
 Term for °^ ^^^ votes of the whole body ; and said president shall 
 which he is to hold his office during the period prescribed by the first sec- 
 be elected. ^Jqj^ ^f ^]^jg ordinance ; if a vacancy shall occur in the office 
 V &c3.ncy in • ■' j 
 
 said office, of president, from death, resignation or legal disability, it 
 
 how to be shall be the duty of the board to fill the same by a new elec- 
 
 tion, as soon as can be conveniently done ; and in all cases 
 
 ^ a majority of the commissioners shall constitute a quorum for 
 
 Quorum. ^.i, i. 4.- r i, • 
 
 the transaction ot business. 
 
 J, , Sec. 3. Jind be it enacted and ordained, that at the same 
 
 secretary to be time, and in the same manner as is prescribed in the second 
 elected. section of this ordinance for the election of a president, said 
 
 Commissioners of Public Schools shall elect a Treasurer and 
 Their duties ^ Secretary, and assign the duties to be performed by them ; 
 and salaries. 3,nd shall fix the salary of each at such a sum as said com- 
 missioners may deem equivalent to the services required. 
 
 ^ ^ ^ The tenure of office of said treasurer and secretary, and the 
 
 Tenure of and i n £ir • ^ i i i 
 
 vacancies in iT^otle ot tilling a vacancy or vacancies, should such occur 
 
 said offices, from death, resignation, removal or legal disability, shall be 
 the same as is provided for in the second section of this or- 
 Treasurer not dinance, in relation to the President of the Board. The 
 ber of the Treasurer shall not be chosen from the Board of Commis- 
 board. sioners of Public Schools. 
 
 Vacancies in Sec. 4. ^nd be it enacted and ordained, that whenever a 
 theboard, how vacancy or vacancies shall occur in the Board of Commis- 
 to be filled, sioners of Public Schools, during the session of the city 
 council, it shall be the duty of the President of the Board to 
 inform the Mayor of such vacancy or vacancies, who shall 
 communicate the same to the first and second branches of the 
 city council, who shall proceed to form a convention, accor- 
 ding to their respective rules, to fill said vacancy or vacan- 
 cies ; if a vacancy or vacancies shall occur during the recess 
 of the city council, by death, resignation or otherwise, it 
 shall be the duty of the board to fill the same as soon as 
 may be convenient. 
 Treasurer to Sec. 5. ^nd be it enacted and ordained, that the treasurer 
 give bond. shall, before he enters on the duties of his office, give bond 
 
to the corporation, with securities to be approved by the 
 
 Mayor and Register, in the penal sum of five thousand dol- Penalty and 
 
 lars, conditioned for the true and faithful performance of the condition. 
 
 trust reposed in him, and of the duties required of him by 
 
 the Commissioners of Public Schools, acts of assembly, or 
 
 ordinances of the corporation, passed or to be passed, in rela- 
 
 tion to the public schools ; and the bond shall be deposited ^^°^ with^reK- 
 
 with the Register for safe keeping. ister. 
 
 Sec. 6. Jind be it enacted and ordained, that said Board of Commission- 
 Commissioners of Public Schools shall have charge of the charL^ oF 
 public schools of the city, now in operation, and of all such acliools, &c. 
 as may be in operation during their continuance in office ; 
 and it shall be their duty to employ teachers, and determine 
 their salaries ; to prescribe the courses of study, and the 
 books to be used, to make all such by-laws for their own 
 government, and all such rules and regulations for the man- 
 agement of the schools as they may deem to be expedient, 
 and to modify and repeal the same at their pleasure : provi- Proviso. 
 ded, that such by-laws, rules and regulations so made or mod- 
 ified, be not inconsistent with the laws of the state, or with 
 the ordinances of the city, and it shall further be the duty of 
 said board, during the first week of each annual session 
 of the city council, to report to the Mayor and City Coun- 
 cil, a statement of its transactions with an account of the 
 receipts and expenditures of the past year, and an estimate 
 of the expenditures and resources for the year then commen- 
 ced. 
 
 Sec. 7. A7id be it enacted and or daiiied, that it shall not be Not to rent for 
 lawful for said Commissioners of Public Schools to purchase more tlian one 
 any property, erect any building, or rent or lease any pro- orbuil'd^'^with- 
 perty for a longer term than one year, without having first out sanction 
 obtained the sanction of the mayor and city council. °f council. 
 
 Sec. 8. ^nd be it enacted and ordained, thcit it shall be To furnish 
 the duty of the Commissioners of Public Schools to furnish ^°°^^' ^c. 
 all necessary books and stationery for the pupils of the seve- 
 ral schools, and in general, whatever fuel or other supplies 
 the schools may require, the same to be paid for from the 
 public school fund, and each pupil shall pay in advance one Tuition fees. 
 dollar per quarter on entering a school, and the same ad- 
 
 ance payment for each subsequent quarter during his or her pupi]g q^^^ ' 
 continuance in the school, imless exempted therefrom by the fourteen, how 
 board, and no pupil above the age of fourteen years shall be admitted. 
 admitted unless by special permission of the board. 
 
 Sec. 9. And be it enacted and ordained, that the Commis- To have 
 sioners of Public Schools shall have charge of all the build- charge of buil- 
 ings used for that purpose, and they are hereby authorized ^"^®' 
 to make all repairs and alterations in the several school 
 boluses of the city, whenever the same may be necessary. 
 
Members not Sec. 10. And he it enacted and ordained^ that said Board 
 to do work or of Commissioners of Public Schools shall not employ in build- 
 pl[es!^^^"^' ^^g' repairing, improving or furnishing stationery, or any 
 
 kind of supplies, any member of said board. 
 Parents, &c., Sec. 11. And he it enacted and ordained, that the public 
 to be citizens schools of Baltimore, are designed exclusively for the edu- 
 of Baltimore. ^^^^^^^ gf those pupils whose parents, or in case of orphans, 
 whose guardian, are citizens of Baltimore, or residents of 
 Baltimore with a bona-fide intention to become citizens. 
 Books, how Sec. 12. And he it enacted and ordained, that the Commis- 
 admitted and sioners of Public Schools, shall not admit any book or books 
 discontinued. -^^^ ^^^ j^ ^^^ pubHc schools, or discontinue the use of the 
 same after having been admitted, unless said admission or dis- 
 continuance be approved by a majority of the entire board 
 in session, assembled at a regular meeting of said board. 
 Drafts on the Sec. 13. And he it enacted and ordained, that the draft 
 city treasury, of the President of the Board of Commissioners of Public 
 Schools, countersigned by the Mayor, shall be sufficient au- 
 thority for the Register of the city, to pay any sum that may 
 be standing in the treasury of the city, to the credit of the 
 public school fund. 
 Bequests, &c. Sec. 14. And he it enacted and ordained, that said Commis- 
 regulated. sioners of Public Schools are hereby authorized to receive 
 all devises, bequests and donations which may be made for 
 the benefit of said Public Schools, and all devises, bequests 
 and donations received by said commissioners, by virtue either 
 of this section, or of any act or acts of the general assem- 
 bly of Maryland, shall be paid over by them to the Register 
 of the city, who shall place the same to the credit of the 
 school fund ; and if any condition or conditions be prescrib- 
 ed in any such devise, bequest or donation, the same shall 
 be applied under the direction of said commissioners with the 
 sanction of the Mayor and City Council, agreeably to the in- 
 tention of the testator or donor, and if no condition be pre- 
 scribed in any such devise, bequest or donation, it shall 
 not be lawful for said commissioners to draw all or any part 
 of the amount thereof, out of the city treasury during the 
 year in which it was received, unless the collections from 
 the resources and levy of the school fund for said year 
 should fall short of the estimated expenditures forming the 
 basis of said levy ; or unless it shall have been already al- 
 lowed in the estimated resources of the fund for said year, 
 otherwise the same shall be included in the estimate of the 
 ensuing year. 
 Register's du- Sec. 15. And he it enacted and ordained, that the Register 
 ty with regard of the city shall demand and receive, from time to time, from 
 ^°h*''l ^f'^'d^ the treasurer of the western shore of Maryland, from the 
 commissioners of finance, and from the collector of the city, 
 
all such sum or suras of money as may be in their hands 
 for the support of the public schools of the city, and he 
 shall place the same to the credit of the public school fund. 
 
 Sec. 16. ^nd he it enacted and ordained, that all assess- Assessments 
 ments for paving or repaying in front of any of the public^'" S^^'°^'-j 
 schools, or lots of ground attached thereto, and also all as- ' 
 sessments of benefits for opening or widening any street or 
 streets, so far as the public schools may be interested, shall 
 be paid by the Register out of any unappropriated money in 
 the treasury. 
 
 Sec. 17. And he it enacted and ordained, that the salaries Salaries of of- 
 of the Treasurer and Secretary of said Board of Commission- ficers, teach- 
 ers of Public Schools, of the teachers and all other persons ^^ \q ''^^^^ 
 permanently employed by said commissioners, shall be paid 
 quarterly on the last day of March, June, September and 
 December, and the Register of the city is hereby authorized, 
 in case of any deficiency in the collection of the school 
 fund, or in anticipation of the levy for the same, to advance, 
 from time to time, to said fund, such sums as shall be requir- 
 ed for the payment of said salaries at the time when they 
 shall be due. 
 
 Sec. 18. Jlnd he it enacted and ordained, that it shall not Annual ap- 
 be lawful for said Board of Commissioners of Public Schools propriations 
 to exceed in their expenditures, the amount annually appro- ceeded. 
 priated therefor by the city council, and it shall be their duty 
 to apply the same exclusively to the several purposes, and as 
 far as practicable in the proportion specified in the statement 
 of estimated expenses on which said city council shall have 
 based the school fund levy for the year. 
 
 Sec. 19. And he it enacted and ordained, that the male Central high 
 public high school of Baltimore shall hereafter be styled the ^'=^°°^- 
 Central High school. 
 
 Sec. 20. And he it enacted and ordained, that whenever Certificates , 
 any of the pupils of said school shall have satisfactorily com- conferred, 
 pleted the prescribed term and course of instruction, the Com- 
 missioners of Public Schools shall have power to confer on 
 them testimonials in form as follows, viz : This certificate 
 
 is given to , a pupil of the Central high school, 
 
 in testimony that he has pursued and satisfactorily complet- 
 ed the studies of the course of years ; and 
 
 said testimonials shall be signed by the President of the 
 Board, by the Mayor of the city, with the seal of the city 
 attached, by the committee on the Central High School, and 
 by the principal and teachers of said school. 
 
 Sec. 21. And he it enacted and ordained, that said Com- "^^^^P^jl^^i^ 
 missioners of Public Schools, are authorized to cause said tes- fund, 
 timonials to be engraved on copper, or lithographed, with a 
 
Proviso. 
 
 Certificates i 
 female high 
 schools. 
 
 Certificates, 
 when to be 
 given to cer- 
 tain pupils. 
 
 8 
 
 suitable vignette, the expenses necessarily connected with 
 the preparation of said testimonials to be paid from the school 
 fund ; provided, that no commissioner or teacher shall ever 
 charge or receive an<y fee or compensation for so signing said 
 testimonials. 
 
 1 Sec. 22. And he it enacted and ordained, that said com- 
 missioners of public schools have power to confer testimo- 
 nials on the pupils of the Eastern and Western Female High 
 Schools in conformity with the requisitions and provisions 
 of sections twenty and twenty-one of this ordinance. 
 
 Sec. 23. And he it enacted and ordained, that whenever 
 any pupil shall leave any of the high schools without having 
 completed the prescribed term and course of instruction, 
 then, and in such cases, said commissioners shall have power 
 to confer such testimonials on said pupils as said commis- 
 sioners may deem to be proper and appropriate to the oc- 
 casion. 
 
 Appkoved June 17th, 1850. 
 
 ELIJAH STANSBURY, Mayor. 
 
 NOTE. — Agreeably to Section 26 of Revised Ordinance No, 31, approved June 3d, 1850, 
 entitled " An Ordinance to restrain certain evU practices therein mentioned and to remove 
 nuisances," the Public Schools are entitled to half the fines therein imposed as penalties. 
 
December Session, 1812. — Chapter 79. 
 
 An Act to Incorporate a Company (o make a Turnpike Road leading to Cum- 
 berland, and lor the extension of the Charters of the several Banks in this 
 State, and for other purposes. 
 
 Section 3d extends the Charters of the several Banks in Bank charters 
 the city of Baltimore and Washington county, upon certain ^J^^i^^^.^^ "J^^. 
 conditions — "the sum [of money] so as aforesaid to be paid a sum of mo- 
 by the said Banks, shall be in proportion to their respective nay be paid 
 capitals paid, or to be paid in, and which sum as afoi'esaid, °Jj,j^f(^"PV 
 shall be and is hereby pledged as a fund for the purpose of schools, 
 supporting County Schools." * 
 
 December Session, 1813. — Chapter 122. 
 
 A Supplement to the Act entitled " An Act to Incorporate a Company to 
 make a Turnpike Road leading to Cumberland, and for the extension of the 
 Charters of the several Banks in the City of Baltimore, and for other pur- 
 poses. 
 
 Sec. 7 levies a tax of twenty cents on every hundred dol- Capital of 
 lars of capital stock of each bank actually paid in, or which ^^"'^^ taxed. 
 may hereafter be paid in. 
 
 Sec. 9. And he it enacted^ that the Treasurer of the West- Treasurtoin- 
 ern shore be, and he is hereby directed from time to time to offax'^for^the 
 invest in stock in the Commercial and Farmer's Bank of Bal- benefit of free 
 timore, and Mechanics' Bank of Baltimore, for which the schools and 
 State of Maryland is authorised to subscribe in those Banks, [y^to^hToen- 
 all such suras of money which he may receive in virtue of this eral Assem- 
 act, together with the dividends arising from such stock, and ^'y- 
 he is hereby required to keep an account of such stock, which 
 be shall denominate " a fund for the establishment of free 
 
 chools," seperately from the rest of the funds of the State 
 3f Maryland, and make a report thereof annually to the Gen- 
 
 ral Assembly. 
 
 Sec. 10. And he it enacted, that the said stock so accu- Fund pledged 
 nulating is hereby inviolably pledged for the establishment of [PJjj^gj^^^^^^" 
 I general system of free schools throughout the State of Ma- free schools, 
 •yland, and shall be used or appropriated for no purpose what- 
 soever^ and shall be equally divided among the several coun- 
 ties of this State.* 
 
 •Baltimore City is included in the above enactments. 
 
m 
 
 December Session, 1825. — Chapter 130. 
 
 An act to authorize the Mayor and City Council of Baltimore to estab- 
 lish Public Schools in the said City. 
 
 Power ffrant- I- Be it enacted by the General Assembly of Maryland, 
 ed to establish that the Mayor and City Council of Baltimore, shall have 
 public schools p^^^gj, to establish public schools within the city of Baltimore. 
 
 II. And be it enacted, that for the support of the public 
 schools which may be established by virtue of this act, the 
 said Mayor and City Council of Baltimore shall have power 
 to lay and collect, in addition to the taxes they are now au- 
 thorized lo lay and collect, such further and other taxes, 
 rates or assessments, as may be necessary for the support of 
 such public schools : Provided, that a due regard be had to 
 the actual wealth of the persons who are to pay the same : 
 and "provided also, that all profits of industry, salary, hire, 
 rents, annuities, the revenue of property held in trust for mi- 
 nors and others so far as the same may not now be taxable 
 by law, may be exempted from taxation, except for the sup- 
 port of said public schools. 
 
 III. A?id be it enacted, that nothing in this act contained 
 shall have any effect and operation in law unless the same 
 shall be approved of and adopted by the mayor and city 
 council of Baltimore, at the first session of the city council, 
 which shall take place after the thirty-first day of Septem- 
 ber next. 
 
 To levy tax 
 for support. 
 
 Provisos, 
 
 Conditional 
 clause. 
 
 This act passed February 28, 1826, and was approved by the mayor and city ' 
 council, January 17, 1827. 
 
 1825.— Chapter 162. 
 
 An Act to provide for the Instruction of Youth in Primary Schools through- 
 out this State. 
 
 Establish- SECTION 21. And be it enacted, that the establishment ofl 
 
 ment of pub- public or primary schools within the city of Baltimore, shalll 
 vested°in' ^e vested in the Mayor and City Council of Baltimore ; pro- 
 Mayor and vide d, ihut if the said Mayor and City Council shall not, 
 City Council, within the space of five years alter the passage of this act,, 
 establish a system of public education within said city, then, 
 thts act to be in full effect within the city of Baltimore, 
 
 Proviso. 
 
II 
 
 December Sessioiv, 1827. — Chapter 183. 
 
 A further Supplement to the Act, entitled "An Act to erect Baltimore Town, 
 in Baltimore County, into a City, — and to Incorporate the inhabitants 
 thereof." 
 
 Section 2. And he it enacted, that the Treasurer of the School fund 
 Western shore be, and he is hereby directed to pay to the Payable. 
 Mayor and City Council of Baltimore, such distributive share 
 of the school fund as the city is or may be entitled to, and 
 which is now authorised by law to be paid to the commis- 
 sioners of the school fund for the city of Baltimore. 
 
 Sec. 6. And he it enacted, that the income of the property Funds of 
 now vested in the Mayor and City Council of Baltimore, for ^^^^^^^ °^ ^" j^^ 
 the purpose of a house of industry, or the proceeds thereof to public 
 when sold, after payment of the debt due thereon, may be schools, 
 applied, under the direction of the said Mayor and City Coun- 
 cil, to the erection and support of Public schools. 
 
 Note. — By Ordinance No. 35, approved April 6th, 1832, the property 
 mentioned in the 6th section was sold to J. B. Morris for $16,000.00. 
 
 December Session, 1836. — Chapter 220. 
 
 An act to invest the State's share of the Surplus Revenne of the United Passed March 
 States, and for other purposes. 18' 1837. 
 
 4. And he it enacted^ that the residue of the State's share The residue 
 of the surplus revenue of the United States now received, '^^ recovera- 
 or that may hereafter be received by the treasurer of the West- posited, 
 em Shore shall l)e deposited in some incorporated bank or 
 banks in Baltimore or elsewhere in this State, at the discre- On interest, 
 tion of the Tresurer of the Western Shore, upon condition that 
 the said banks shall pay an interest of at least five per cent- 
 um per annum, and give such security for the repayment 
 thereof, as the treasurer of the Western Shore shall approve, Subject to 
 subject to the future control and appropriation of the next ^^^xt general 
 General Assembly, the interests accruing thereon, to be dis- ^^^^^^^'y- 
 tributed amongst the several counties of this State and the city .pj^^ ^ ^.^^j^^ 
 3f Baltimore, for the support and encouragement of common interest to be 
 school education in this State, in the same manner and pro- distributed for 
 3ortions as said fund is now distributed. education. 
 
12 
 
 December Session, 1837. — Chapter 285. 
 
 A Supplement fo the Act entitled "An Act to invest the State's share of the 
 Surplus Revenue of the United States, and for other purposes," passed at 
 December Session, 1836. Chapter 220. 
 
 Distribution SECTION 1. Be it enactedhy the General Assembly of Mary- 
 of interest on land^ that the interest that has accrued, and which may accrue 
 surplus reve- ^^^^^ ^j^^ State's share of the surplus revenue of the United 
 States, received and to be received by the Treasurer of the 
 Western shore, and directed by the fourth section of the said 
 act of December session, 1836, chapter 220, to be deposited 
 in some incorporated bank or banks in Baltimore or else- 
 where in this State, at the discretion of the Treasurer of the 
 Western shore, shall be distributed among the counties of 
 this State and the city of Baltimore, for the support and en- 
 couragement of education in this State in the manner follow- 
 ing : one-half of said interest fund among all the counties 
 and the city of Baltimore, in exact proportion to the amount 
 of the white population of each respectively, as ascertained 
 by the last census of the United States, and the other half of 
 said fund by dividing it into twenty-one equal parts, and al- 
 loting to each connty and the city of Baltimore one of said 
 parts. 
 
 Sec. 2 directs the time of distribution. 
 
 Treasurer to Sec. 3 authorises the Treasurer of the Western shore to 
 
 pay to proper pjjy Qy^j. ^q the proper persons appointed to receive the same, 
 
 persons. ^^^ distributive share of the common school fund and the 
 
 interest of the surplus revenue applicable to school purposes. 
 
 December Session, 1845. — Chapter 120. 
 
 Passed Janua- An Act Supplementar}' to an Act for the benefit of the several Free Schools 
 ry 12, 1846. in the City and precincts of Baltimore, passed eighteen hundred and four- 
 teen, chapter one hundred and thirty-one. 
 
 Preamble. Whereas, doubts existing as to what Schools are contem- 
 
 plated, by the act to which this is a supplement, since the in- 
 stitution of the Public Shools of the city of Baltimore, and 
 it being proper that the said Schools, as now constituted, 
 should receive the benefit of the provisions of the said act. 
 Orphans'court Section 1. Be it enacted by the General Assembly of 
 authorised to Maryland^ That the justices of the orphan's court of Balti- 
 direct lundsto jjjQje county, be and they are hereby authorised and required, 
 comaisslon°° to order and direct the funds arising from the personal es- 
 ers. tates, that now are or hereafter may be administered upon in 
 
 that court, of persons of the city of Baltimore, who have 
 
13 
 
 died or may die intestate, and have not left or may not leave 
 legal representatives, to be paid to the Board of Commis- 
 sioners of Public Schools of the City of Baltimore, to be by 
 said commissioners applied, as all other State or City School 
 funds received by them, to the use and support of said 
 Schools. 
 
 Sec. 2. And be it enacted, that upon passing any order in Treasurer to 
 pursuance of this act, the court aforesaid shall require from give receipt, 
 the treasurer of the said Board of Commissioners of Public 
 Schools, or any other bonded officer who may be appointed 
 by the said Board of Commissioners or the Mayor and City 
 Council of Baltimore, to receive such funds, a receipt and re- 
 lease to the administrator for such sum or sums as may be re- 
 ceived under and by virtue of the provisions of this act, 
 v^hich receipt shall contain an obligation, that the said sum 
 or sums shall be, by the Board of Commissioners aforesaid, 
 applied to the use and support of the Public Schools of the 
 city of Baltimore, and the same shall be recorded and pre- 
 served in said court as other records are. 
 
 Sec. 3. And be it enacted, that in case such funds shall Commission- 
 happen to be paid, under the provisions of this act, to said ^F^ *? restore 
 Board of Commissioners of Public Schools, in default of le- 
 gal representatives as aforesaid, and that any legal represent- 
 atives, of no remoter degrees among collaterals than brothers 
 Dr sister's children, shall at any time appear and prove him, 
 her or themselves to be such legal representatives, that then 
 the Board of Commissioners of Public Schools that received 
 said funds or their successors, if the same shall be in their 
 aands, or shall have been applied to the use and support of 
 ;he said Public Schools, shall restore the same to such legal 
 ■epresentative or representatives, out of the School fund under 
 ,heir direction. 
 
 Sec. 4. And be it enacted, that nothing in this act con- Not to inter- 
 ained, shall be construed to interfere with or affect the rights jjl"^^^'?*'^ ^j. 
 /ested in the Charitable Marine Society of Baltimore, by the Baltimore^ 
 ict entitled a supplement to the act entitled, an act to incor- 
 porate the Charitable Marine Society of Baltimore, passed at 
 S^ovember session' eighteen hundred and seven. 
 
14 
 
 December Session, 1849. — Chapter 146. 
 
 Passed Feb. 
 25, 1850. 
 
 An act supplementary to an act passed eighteen hundred and forty-five, 
 chapter one hundred and twenty, entitled " An act supplementary to an 
 act for the Benefit of the several Free Schools, in the City and Precincts 
 of Baltimore." 
 
 Preamble. Whereas, by the act to which this is a supplement, the 
 
 Orphans' Court of Baltimore County are required to order dis- 
 tribution to the Board of Commissioners of Public Schools of 
 the city of Baltimore, of the estates of intestates of said city, 
 who have not left, or may not leave, legal representatives : 
 And Whereas, intestates may have left, or may leave, legal 
 representatives, who do not appear and claim the estate of 
 such intestate, by reason of which the same remains undis- 
 tributed in the hands of the administrator or administiators ; 
 and it has been doubted whether the provisons of the act to 
 which this is a supplement extend to such cases : 
 
 Act extended. 1 . Be it therefore enacted by the General Assembly of Ma- 
 ryland, That the provisions of the act of eighteen hnudred 
 and forty-five chapter one hundred and twenty, be, and the 
 same are hereby, extended to all casses in which the personal 
 estates of persons dying intestate, in the city of Baltimore, 
 shall be ready for distribution in the Orphans' Court of Balti- 
 more County, and remain unclaimed by legal representatives : 
 
 Proviso. Provided, however, that unless the said court shall be satisfied 
 
 that the intestate left no legal representatives living at the time 
 of his or her death, the said court, before ordering distribu- 
 tion, as provided by the act aforesaid, shall cause the admin- 
 istrator or administrators, as the case may be, of such intes- 
 tate, to give notice, by advertisements inserted for such peri- 
 ods of time, and in newspapers published in such places, as 
 the said court, in then- discretion, may deem necessary and 
 proper, that upon default of the appearance of legal repre- 
 sentatives of the intestate, by a certain day to be fixed by the 
 said court, and named in the said advertisements, the estate 
 of intestate will be distributed according to the provisions of : 
 the act of eighteen hundred and forty-five, chapter one hun- 
 dred and twenty, aforesaid, and the supplements thereto. 
 
15 
 
 December Session, 1852. — Chapter 287. 
 An act for the Benefit of the Public Schools of the City of Baltimore. 
 
 Section 1. Be it enacted by the General Assemhly of Ma- Intestates es- 
 ryland, that the Judges of the Orphans' Court of Baltimore {^^^J \"^^to"' 
 City, be and they are hereby authorised and required to public school 
 order and direct the funds arising from intestates' estates, funds undis- 
 that now are, or hereafter may be administered upon in that '^""'^t^'*- 
 Court, and which remained undistributed for want of legal rep- 
 resentatives of the intestate to claim the same, to be paid 
 to the Board of Commissioners of Public Schools of the 
 City of Baltimore, to be by said Commissioners applied as 
 all other State or City School funds received by them, to 
 the use and support of said schools ; provided^ however, Proviso, 
 that unless the said court shall be satisfied that the intestate 
 left no legal representatives living at the time of his or her 
 death, the said court, before ordering distribution as aforesaid, 
 shall cause the administrator or administrators, as the case 
 may be, of such intestate, to give notice, by advertisements 
 inserted for such periods of time, and in newspapers publish- 
 ed in such places, as the said court in their discretion may 
 deem necessary and proper, that upon default of the appear- 
 ance of any legal representative or representatives - of the 
 intestate, by a certain day to be fixed|by said court, and na- 
 med in said advertisements, the estate of the intestate will be 
 distributed in conformity with the provisions of this act. 
 
 Sec. 2. And he it enacted, that upon passing any order Court to re- 
 of distribution in pursuance of this act, the court aforesaid ^'^j^® receipt 
 shall require from the Treasurer of the said Board of Com- 
 missioners of Public Schools, or any other officer who may 
 be appointed by said Board of Commissioners or the Mayor 
 and City Council of Baltimore to receive such funds, a re- 
 ceipt and release to the administrator for the same ; which re- 
 ceipt shall contain an obligation that the said funds shall be 
 by the Board of Commissioners aforesaid applied to the use 
 and support of the Public Schools of the city of Baltimore, 
 and the said release shall be recorded and preserved in said 
 court, as its other records are. 
 
 I Sec. 3. And he it enacted, that in case such funds shall Legal repre- 
 happen to be paid under the provisions of this act to said^^"j^tQ^^e~ 
 Board of Commissioners of Public Schools, and that any le- restored to. 
 gal representatives of the intestates of no remoter degrees 
 among collaterals, than brothers or sisters children shall at 
 any time appear, and prove him, her or themselves to be such 
 legal representatives, the Board of Commisrioners of Public 
 Schools who received such funds, or their successors, if the 
 same shall be in their hands, or shall have been applied 
 to the use and support of the said Public Schools, shall 
 
* 16 
 
 restore the same to such legal representative or representa- 
 tives, out of the school fund under their direction, 
 unsettled es- ^^c. 4. ^nd be it enacted, that the provisions of this act 
 tates. shall be deemed and taken to extend to all unsettled estates 
 
 whereon administration was granted by the late Orphans' 
 Court for Baltimore county, except where the intestate was 
 at the time of his or her death, a resident of Baltimore 
 county, out of the limits of Baltimore city. 
 Act not to af- Sec. 5. ./ind be it enacted, that nothing in this act shall 
 feet Charita- be construed to interfere with, or affect the rights vested in 
 Society""^ the Charitable Marine Society of Baltimore, by the act enti- 
 tled "A supplement to the act to incorporate the Charitable 
 Marine Society of Baltimore," passed at November session, 
 eighteen hundred and seven. 
 Inconsistent Sec 6. ^nd be it enacted, that all acts or parts of acts 
 repea e . jjergtofore passed inconsistent with this act, be and the same 
 are hereby repealed, and this act shall be in force from the 
 passage thereof. 
 
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