THE 
 
 EW CHARTER 
 
 BALTIMORE CITY 
 
 REVISED EDITION 
 
 1900
 
 UNIVERSITY OF CALIFORNIA 
 AT LOS ANGELES
 
 Z'^v^^^'^^^^ "^ - - . ^ 
 
 i 
 
 THE 
 
 
 New Charter 
 
 OF 
 
 BALTIMORE CITY 
 
 REVISED EDITION 
 
 Containing Amendments and New Laws Passed by Maryland Legislature oi' 
 1900, together with a new Index prepared by Conway W. Sams, Esq., 
 
 of the Baltimore Bar. 
 
 %^^ b?* ^* 
 
 baltimore : 
 Press of King Bros. 
 1903.
 
 Baltimore, Md., May 5th, 1900. 
 
 This revised edition of the New Charter contains all the 
 local laws passed by the General AssemV)ly at its Session oi 
 1900. These laws I obtained, and pn^pared from tliem the 
 copy which the printer used. Those laws which modified 
 sections of the New Charter, are inserted in the proper place 
 in lien of the old sections ; those laws which did not change 
 the old sections, but were new enactments, are printed in their 
 entirety at the end of the book. 
 
 The only modifications of the original charter by these laws 
 were to correct certain minor matters in certain details, which 
 I drafted myself, and believed would be an improvemeiit in 
 the existing law. 
 
 The original charter was not altered in any respect, except 
 as given in these laws, and these changes were accepted by 
 the friends of the original charter. 
 
 ^t5^ 
 
 THOMAS Ct. HAYES, 
 
 Mayor.
 
 
 TS 
 
 1 
 
 J 
 
 >r\ 
 
 \ ... 
 
 REPORT OF COMMISSION. 
 
 J Baltimore, January 27, 1898. 
 
 To the Honorable General Assembly of Maryland : 
 
 The Commission appointed pursuant to the ordinance of 
 
 the Mayor and City Council of Baltimore, approved Novem- 
 
 ) ber 24, 1897, to draft a new Charter for the City of Baltimore, 
 
 ^ herewith, as directed by said ordinance, respectfully submit 
 
 ■> the result of their labors. 
 
 After mature deliberation the Commission decided at the 
 ■^ beginning of their work of preparing a new organic Act for the 
 
 '-? City of Baltimore, to be governed by certain well-defined and 
 
 recognized principles relating to municipal government, Avhich 
 had been found in other cities to be beneficial and which it 
 was thought were fundamental and necessarj-, if there were to 
 be an improvement on the present law relating to the City of 
 Baltimore. Some of these controlling principles were : 
 
 1. To locate resj)onsibility upon public oflicials in such a 
 manner that it could not be evaded. 
 
 2. To give representation to the minority party in all depart- 
 ments, when composed of more than one person, so that an 
 
 «- opportunity might be given to the minority to scrutinize the 
 
 actions of the party in power. 
 
 3. To hold municipal elections at a difteront time from the 
 State and Federal elections, in order to separate municipal 
 affairs fi-om the influence of the political issues which are 
 necessarily involved in State and Federal elections. 
 
 4. To require the appointment of experts in all departments 
 where professional knowledge and skill are required. 
 
 5. To grant the use of the streets and other public property 
 for limited terms, and to the highest bidder, subject to the 
 control and regulation of the City during the period of the 
 grant. 1-5^010 2 
 
 WAY 18 190i
 
 11 
 
 6. To check hasty legislation, especially in matters relating 
 to expenditure of the public moneys, and to prohibit the 
 creation of floating debts. 
 
 7. To remove the public school system from all possible 
 political influence. 
 
 8. To place the indigent sick and poor, when their treatment, 
 care or support is paid for by the City, under the supervision 
 of City officials. 
 
 The most advanced and improved foims of municipal gov- 
 ernment, as far as the Commission have been able to ascer- 
 tain, have had incorporated in them the placing of the power 
 of appointment in one person. It might well be urged that this 
 is conferring too much power upon one man, that the appoint- 
 ing power in City government should he distributed ; but expe- 
 rience has shown that by centralizing the ap2)ointing power 
 the responsibility for official conduct can at once be definitely 
 fixed. The Charter submitted places the power of appointing 
 the heads of all departments and their respective sub-depart- 
 ments in the chief executive of the Cit}', the Mayor, Avhere it 
 jjroperly belongs. The Commission have not taken the extreme 
 position of making the Mayor absolute in regard to this power 
 of appointment. His appointments must be confirmed by the 
 Second Branch of the City Council. The power of appointing 
 all subordinates and employees in the several departments 
 and sub-departments is in each case lodged in the head of the 
 department. The Commission have to this extent endeavored 
 to carry out the single-executive-head system, which has been 
 tried in other cities with good results. It is hojoed with this 
 system, as now recommended, the Mayor will be more careful 
 in appointing heads of departments or sub-departments, and 
 the various heads so appointed will also be more careful in 
 selecting competent subordinates. 
 
 The principle of representation from the minority party in 
 all departments, boards or commissions, Avliere composed of 
 more than one person, is carried out in the proposed Charter. 
 This will not prevent the successful party at the municipal
 
 Hi 
 
 in 
 
 election from adopting and carrying out any policy or reforms 
 which, in its judgment, might be right and proper, and will in 
 no way interfere with the administration of public affairs by 
 the successful party ; but it will afford to the minority at all 
 times a right of representation in the City government, and 
 will give it an opportunity of scrutinizing the actions of the 
 party in power. 
 
 The feature of the spring elections is designed for the 
 distinct purpose of separating the municipal elections from 
 those of the State and Nation. It must be conceded that in 
 order to make a good Mayor of a large and prosperous business 
 centre like Baltimore there is no inherent necessity for his 
 belief in one rather than another of the principles which sepa- 
 rate the leading political parties. These State and National 
 questions are invariably discussed and made issues at all the 
 November elections, and it is difficult to remove from the 
 influence of these discussions municipal affairs when the 
 elections are held at the same time. The spring elections, it 
 is hoped, will enable the citizens of Baltimore to eliminate 
 everything from their municipal campaigns except that which 
 pertains to the best business administration of the Cit}', and 
 will jjresent to the voters an opportunit}' of electing such of 
 the municipal candidates as are most likely to ensure good 
 municipal government. 
 
 The provisions of the Charter placing experts at the head of 
 the various departments and sub-departments where profes- 
 sional knowledge is required, are expected to secure to the City 
 the best service of men of competent knowledge and experience 
 in the departments placed under their charge. The Commis- 
 sion have adopted the following general provision wherever 
 expert knowledge is required : " He must have had at least 
 five years' experience in the active practice of his profession 
 and have had responsible charge of work for at least that 
 length of time." Experts are required in the following offices : 
 City Engineer, Water Engineer, Harbor Engineer, Inspector of 
 Buildings, and Commissioner of Healtli. It was deemed 
 advisable for the best interests of the City to put the entire
 
 IV 
 
 subject of public improvements under the direct control and 
 supervision of a board of experts, styled the Board of Public 
 Improvements. On this Board the Charter submitted, places 
 three civil engineers and an architect, and all matters are 
 referred to them when involving questions of new public build- 
 ings, additional harbor facilities, a sewerage system, extension 
 or improvement of streets, the erection of bridges and other 
 similar work. 
 
 The proposed Charter requires that the grant of franchises 
 or rights in, over or under the streets or in other public pro- 
 perty shall be made for only limited periods (twenty-five years), 
 and also provides that in all ordinances granting such franchises 
 or rights provision can be made for the reverting to the City 
 at the expiration of the grant, of the plant and its appurte- 
 nances, and gives power to the City to operate and control the 
 same, if it should prove desirable. All franchises or rights in 
 the highways of the City are to be sold under the supervision 
 of the Board of Estimates. Under no circumstances can the 
 City divest itself of the right or power to regulate the exercise 
 of the franchise or right granted. 
 
 The Commissioners have also endeavored to protect the public 
 interests in relation to the finances of the City by the provision 
 of the proposed Charter in regard to the Board of Estimates. 
 This Board is Composed of the highest ofiicials of the City 
 government, that is to say, the Mayor, who is the chief execu- 
 tive ofiicer of the City and elected by the people ; the City 
 Solicitor, who is appointed by the Mayor and is the head of 
 the Law Department, and who will always be a prominent 
 member of the bar; the Comptroller, who is also elected by 
 the people and responsible to them, and who is the head of 
 the Finance Department ; the President of the Second Branch 
 of the City Council, a representative member from the legisla- 
 tive branch of the City government, and, finally, the President 
 of the Board of Public Improvements, who is the City Engi- 
 neer, and will be an expert in engineering. It is believed that 
 by this strong combination of leading City officials, represent- 
 ing every branch of the municipal government, the financial
 
 interests of the City will be carefully guarded and that the 
 welfare of the citizens will always be the controlling motive in 
 the deliberations and actions of the Board. The duties of 
 this Board are comprehensive in their nature and include the 
 general control of the financial policy of the City. In the 
 preparation of the lists of "Departmental Estimates," "Esti- 
 mates for New Improvements" and "Estimates for Annual 
 Appropriations," called for by the proposed Charter, the entire 
 appropriations of public funds are embraced. It may, there- 
 fore, be expected that the composition of this Board of the 
 highest municipal officers and representatives of the City 
 government will furnish a guarantee in the future against 
 extravagance and the reckless expenditure of public njoneys. 
 The provisions of the Charter submitted relating to the Board 
 of Estimates are sufficiently comprehensive to furnish to the 
 municipality opportunities for a safe and conservative financial 
 policy and to prevent the public de1)t from advancing beyond 
 a safe percentum of the taxable basis. Ample provisions are 
 made for conducting the City government, and no floating debt 
 can be created. The Board of Estimates, in the ordinance 
 they annually submit, providing for the expenditures by the 
 City for the ensuing year, take into consideration all the dis- 
 bursements, and if the income is insufficient to meet these 
 expenditures there must be a 2^^'0 rcda reduction in all depart- 
 ments. If there is a surplus it must be paid over to the 
 Finance Commissioners to be credited to the general sinking 
 fund. By this provision it is hoped that the sinking fund 
 will be greatly benefited. When any ordinance for public 
 improvements exceeding in cost the sum of $2,000 has passed 
 its first reading in either Branch of the City Council it shall be 
 referred to the Board of Public Improvements for their opinion 
 as to whether or not the wants of the City require the improve- 
 ment mentioned in the ordinance submitted, and when this 
 Board give their report on this ordinance it is then referred to 
 the Board of Estimates for their opinion as to whether or not 
 there is or will be sufficient money in hand to pay for the con- 
 templated improvement. Until both of these Boards report
 
 VI 
 
 upon the ordinance it cannot become valid. It will be readily 
 seen that in this manner hasty legislation will be checked, and 
 it is probable that only such ordinances for puplic improve- 
 ments will be passed for which there is sufficient cash on 
 hand to pay and which the requirements of the City demand. 
 By these provisions it is believed a step will be taken in 
 the direction of a regular and systematic reduction of the 
 enormous debt which now hangs over the City of Baltimore 
 and a check placed upon the expenditure of its mone}^ so as 
 to keep the expenses and appropriations ©f the City govern- 
 ment entirely within its means. 
 
 The provisions of the proposed Charter relating to the public 
 school system have been framed after careful consideration and 
 research respecting the systems in force in various cities of 
 importance. It provides for the appointment of the School 
 Commissioners, nine in number, by the Mayor, subject to con- 
 firmation by the Second Branch, for a term of six years each, 
 three of them to retire at the end of every two years. It is 
 submitted that a long term, together with the other provisions 
 which have been inserted, will cause the affairs of the schools 
 of Baltimore to be administered by competent men, indepen- 
 dent of partisan and ecclesiastical ties. The endeavor has been 
 made to secure three things : First, oversight of the schools 
 by a Board of Commissioners so selected as to ensure con- 
 servative administration and full responsibility ; second, atten- 
 tion to the details of school management by a body of qualified 
 Superintendents, and, third, the maintenance of popular interest 
 in the public schools by means of a large number of local 
 school visitors, one or more of them from the immediate 
 neighborhood of each school-house. 
 
 The Charter submitted gives to the City a supervision over 
 all persons who come under the class of indigent sick and poor. 
 All money appropriated by the City for the care of its poor shall 
 be by contract with the various institutions which care and 
 provide for the poor of Baltimore. No money is to be appro- 
 priated except under contract, and the Supervisors of City 
 Charities are to have supervision over all persons who are 
 subjects of municipal aid.
 
 Vll 
 
 The Legislative Department remains substantially as at 
 present, except that the Second Branch is smaller, and that 
 one-half are always old and experienced members. The legis- 
 lative functions of the City Council are in no wise impaired. 
 Not one cent of the public money can be spent until the City 
 Council, by ordinance, makes an appropriation. 
 
 The Commission have had before them the great need of 
 increased revenue to meet the constantly growing w^ants of the 
 City. To this question the members of the Commission have 
 given their most serious thought. Taxes today are burden- 
 some on the owners of land and houses, and to meet the wants 
 of the City this burden must be largely increased unless the 
 revenue of the City can be increased from other sources. The 
 Commission have proposed to so modify the law as to give to 
 the City all the fees collected by it from liquor licenses. A 
 Supplementary Act accompanies the Charter, providing that 
 the counties shall retain the fees collected by them from the 
 same source. The Commission feel that they would not be 
 performing their full duty if they did not urge upon the Legis- 
 lature the necessity for this change and the adoption of the 
 provisions as to these fees contained in the proposed Charter. 
 
 Another Supplementary Act provides for certain limitations 
 on the power of the City as to contracting debts. This pro- 
 vision is a proper one and should be adopted. 
 
 The Commission believe that the Charter herewith sub- 
 mitted will, if adopted, remedy many of the faults of the old 
 law, and provide such a law as will materially contribute to the 
 future development and prosperity of the great metropolis of 
 
 Maryland. 
 
 AYILLIAM PLNKNEY WHYTE, Chairman. 
 
 FEKDINAND C. LATKOBE, 
 
 DANIEL C. GLLMAN, 
 
 SAMUEL D. SCHMUCKER, 
 
 GEORGE R. GAITHER, Jr., 
 
 THOMAS IRELAND ELLIOTT, 
 
 THOMAS G. HAYES, 
 
 LEWIS PUTZEL, ^r ru 4 n 
 
 JS'eio Charter Commission. 
 
 Eredeeick T. Dorton, Secretary.
 
 ill 
 
 Vlll 
 
 Baltimore, Febmai-y 2B, 189S. 
 
 We have examined the annexed Charter, adopted by the 
 Commission on the 27th of January, 1898, and give it our full 
 and hearty approval. 
 
 EGBERT C. DAVIDSON, 
 NICHOLAS P. BOND.
 
 CONTENTS. 
 
 I. CHAKTER. 
 
 sections 
 
 1. Mayor and City Council of Baltimore 1-15 
 
 (a) Corporate Name, Power to Hold Property, Aunex. . . . 1-5 
 
 (b) General Powers 6 
 
 (c) Franchises 7-13 
 
 {(I) Contracts with the City 14-15 
 
 2. Mayor 16-30 
 
 3. Executive Department 81 
 
 (<() Department of Finance 32 
 
 1. Comptroller 33-34 
 
 2. City Register 35 
 
 3. Board of Estimates 36-40 
 
 4. Commissioners of Finance 41 
 
 5. City Collector 42-58 
 
 6 Collector of Water Rents and Licenses 59 
 
 (b) Department of Law 60 
 
 City Solicitor 61-67 
 
 (c) Department of Public Safety 68 
 
 1. Board of Fire Commissioners 69-70 
 
 2. Commissioner of Health 71-78 
 
 3. Inspector of Buildings 79-82 
 
 4. Commissioner of Street Cleaning 83 
 
 {(l) Department of Public Improvements 84-85 
 
 1. City Engineer 86 
 
 2. Water Board 87 
 
 3. Harbor Board 88 
 
 4. Inspector of Buildings 89 
 
 (e) Department of Public Parks and Squares 90 
 
 Board of Park Commissioners 90-98 
 
 (/) Department of Education 99 
 
 Board of School Commissioners 99-102 
 
 {g) Department of Charities and Corrections 103 
 
 1. Supervisors of City Charities 104-117 
 
 2. Visitors to the Jail 118-144 
 
 (/<) Department of Review and Assessments 145 
 
 1. Appeal Tax Court 146-171 
 
 2. Commissioners for Opening Streets 172-195
 
 s 
 
 (i) Division Embiaciug Municipal Officers Not Included 
 
 in Any Department 196 
 
 1. City Librarian 196-200 
 
 2. Art Commission 201-203 
 
 3. Superintendent of Lamps and Lighting 204 
 
 4. Surveyor 205 
 
 5. Constables 206 
 
 6. Superintendent of Public Buildings 207 
 
 7. Public Printer 208 
 
 4. Legislattvr Department 209-222 
 
 II. MISCELLANEOUS LOCAL LAWS. 
 
 1. Arbitration— Court of 223-225 
 
 2. Arbitration Committee of the Corn and Flour 
 
 Exchange 226-228 
 
 3. Assault and Battery 239-231 
 
 4. Auctions 232-278 
 
 5. Bills of Exchange and Promissory Notks 279 
 
 6. Buildings 280 
 
 7. Carriages and Horses 281-293 
 
 8. Coroners, Inquests and Dead Bodies 294-299 
 
 9. Courts 300 
 
 (a) Superior Court, Court of Common Pleas, and Balti- 
 
 more City Court 300-322 
 
 (b) Circuit Court of Baltimore City 323-324 
 
 (c) Circuit Court No. 2 of Baltimore City 325-327 
 
 (d) Criminal Court of Baltimore 328-351 
 
 (e) Orphans' Court 352-353 
 
 (/) Register of Will 354-366 
 
 {(/) Clerks of Law Courts of Baltimore City 857-866 
 
 (h) Clerk of the Criminal Court of Baltimore 367-368 
 
 (/) Clerk of the Circuit Court of Baltimore City, and of 
 
 the Circuit Court No. 2 of Baltimore City 369 
 
 (j) Salaries of Clerks of Courts 370-371 
 
 (k) Criers, Bailiffs, Watchmen and Stenographers 372-382 
 
 {I) Sheriff 383-386 
 
 (m) Witnesses, Docket Entries and Records c87-388 
 
 {n) Costs ■ 389 
 
 10. Cruelty to Animals 390-394 
 
 11. Deaf, Dumb and Blind 395-400 
 
 12. Destroying Property Maliciously 401 
 
 13. Elections — Primary 402-425 
 
 14. Examining Engineers 426-430
 
 XI 
 
 sections 
 
 15. Ferries 431-437 
 
 16. Fines and Forfeitures 438-444 
 
 17. Fire 445 
 
 {(i) Fire Department 445-448 
 
 {h) Oil aud lllumiuatiug Fluids 449-456 
 
 18. Fish 457 
 
 19. Gas Companies 458-462 
 
 20. Harbor, Docks and Wharves 463 
 
 (a) Harbor 463-466 
 
 {b) Docks 467-471 
 
 ((!) Whartinger and Wharves 472-479 
 
 {(l) Harbor Board 480-485 
 
 21. Health 486 
 
 {(I) Nuisances 486-492 
 
 (/>) Chemical Laboratories 493 
 
 (c) Commissioners of Pharmacy and Practical Chemistry. 494-504 
 
 (d) Seats for Female Employes in stores or Factories. . . . 505-506 
 
 ((') Tenement aud Lodging Houses 507-508 
 
 (/) State Board of Commissioners of Practical Plumbing. 509-515 
 
 22. Hours of Labor 516 
 
 26. Houses of Refuge and Reformation 517-518 
 
 24. LMMldKANTS 519-531 
 
 25. Inspections, Weights and Measures 532 
 
 (a) Barrels 532-534 
 
 (l>) Coal 535-540 
 
 (r) Gas Meters 541-543 
 
 ((/) Gangers of Casks aud Liquors 544-551 
 
 {e) Hay and Straw 552-570 
 
 (/) Manure 571 
 
 ( //) Steam Boilers 572-589 
 
 (k) Wood Carts 590-599 
 
 26. Jones's Falls 600-601 
 
 27. Jurors 602-620 
 
 ((() Pay of Jurors 621 
 
 (/j) Volunteer Militia E.xempt from Jury Duty 622 
 
 28. Justices of the Peace and Constables 623-649 
 
 29. Landlord an» Tenant 650-656 
 
 30. Legislative Districts 657 
 
 31. Licenses 658 
 
 {a) Billiards 658-660 
 
 {b) Horse Dealers 661-663 
 
 ((•) Liquors and Intoxicating Drinks 664-691 
 
 {d) Pawnbrokers 692-693
 
 xn 
 
 SECTIONS 
 
 (e) Merchandise Brokers 694 
 
 (/) Real Estate Brokers 695-700 
 
 (g) Duties of Sheriff 701-703 
 
 33. Mariners and Charitable Marine Society of Balti- 
 more 708 
 
 33. Markets 704-719 
 
 34. Mortgages 720-733 
 
 35. Notaries Public 733-734 
 
 36. Oysters 735 
 
 37. Parks and Squares 736-739 
 
 38. Police Commissioners 740 
 
 (a) Organization of Force 740-764 
 
 (b) Matrons at Station Houses 765-768 
 
 (c) Militia 769 
 
 id) Patrol Wagons 770 
 
 (e) Physicians to the Police Force 771-773 
 
 (/) Races 774 
 
 (g) Registration of Voters 775 
 
 {h) Special Fund 776-780 
 
 (t) Long Bridge 781 
 
 (j) Telegraph to House of Correction 783 
 
 (k) Thieves and Pickpockets 783-784 
 
 (l) Personating Policemen 785 
 
 {m) New Station Houses 786-788 
 
 39. Pratt Free Library 789-790 
 
 40. Ra I LRO ADS 791 
 
 (i() Safety Gates 791-792 
 
 (/;) Hours of Labor 793-795 
 
 (c) Street Railway Fares 796 
 
 {d) Park Tax 797-800 
 
 (e) Prohibiting Tracks on Certain Streets 801 
 
 41. Records 802-805 
 
 42. Sabbath 806-807 
 
 43. Schools 808 
 
 (a) Intestates' Estates 808-813 
 
 (b) Johns Hopkins University 814-815 
 
 (c) McDonogh Educational Fund and Institute 816 
 
 44. Sewers 817-824 
 
 45. Sheriff's Fees 825 
 
 46. Stocks, Loans and Finance 826 
 
 47. Streets, Bridges and Highways 837 
 
 {a) Opening Streets 827-837 
 
 (b) North Avenue 838 
 
 (c) Bridges and Highways 839-841
 
 • « • 
 
 XIU 
 
 48. Surveyor 842 
 
 49. Taxes 843 
 
 50. Tenants for Years or Less, or at Will 844-864 
 
 51. Vagrants, Paupers, Beggars, Vagabonds and Dis- 
 
 orderly Persons 865-880 
 
 53. Vagrant Children 881-884 
 
 (a) Boys' Home 885-887 
 
 (b) Dolan Children's Aid Society 888 
 
 (c) Hebrew Orphan Asylum 889 
 
 (d) Home of the Friendless 890-894 
 
 (e) Protestant Infant Asylum 895 
 
 (/) St. Vincent's Orphan Asylum 896-897 
 
 (g) Henry Watson Children's Aid Society 898-899 
 
 53. Waitresses in Places of Public Amusement 900-901 
 
 54. Water 902 
 
 (a) Lake Roland, Reservoirs and Dams 902-906
 
 CHAPTER 123. 
 
 AN ACT TO KEPEAL Article 4, Entitled "City of Balti- 
 more, " OF the Code of Public Local Laws of Marylakd, 
 
 AND THE SE^^ERAL AcTS AND PARTS OF ACTS AMENDATORY 
 THEREOF, AND TO RE-ENACT SAID ARTICLE 4, WITH AMEND- 
 MENTS, UNDER TWO SUB-TITLES, TO BE KNOWN AS " CHARTER " 
 
 AND "Miscellaneous Local Laws." 
 
 Section 1. Be it enacted by the General Assembly of Maryland, 
 That Ai'ticle 4, entitled " Citv of Baltimore, " of the Code of 
 Public Local Laws of Maryland, and the several Acts and 
 parts of Acts amendatory thereof, be and the same are hereby 
 repealed, and the said Article 4 is hereby re-enacted, with 
 amendments, under two sub-titles to be known as "Charter" 
 and "Miscellaneous Local Laws, " so as to read as follows : 
 
 ARTICLE IV. 
 CITY OF BALTIMOKE. 
 
 CHARTER. 
 
 MAYOR AND CITY COUNCIL OF BALTIMORE. 
 
 Corporate Name, Power to Hold Property, Annex. 
 
 1. The inhabitants of the City of Baltimore are a corpora- 
 tion, by the name of the "Mayor and City Council of Balti- 
 more, " and by that name shall have perpetual succession, may 
 sue and be sued, may purchase and hold real, personal and 
 mixed property, and dispose of the same for the benefit of 
 said City, as herein provided, and may have and use a common 
 seal, which may be altered at pleasure. 
 
 2. All the property and franchises of every kind belonginj:^ 
 to or in possession of the Mayor and City Council of Balti- 
 more are vested in said corporation. The said corporation 
 may receive in trust, and may control for the purposes of 
 such trust, all moneys and assets which may have been or shall 
 be bestowed upon it by will, deed or any other form of gift or 
 conveyance in trust for any general corporate purpose, or in
 
 2 
 
 aid of the indigent poor, or for the general purposes of educa- 
 tion, or for charitable purposes of any description within the 
 said City. And the said corporation may dispose of, in the 
 manner and upon the terms in this Article provided, any 
 property belonging to it. 
 
 3. All the provisions of the Constitution of the State and of 
 this Article shall be applicable to the portions of Baltimore 
 County, which, under the terms and provisions of the Act of 
 1888, Chapter 98, have been annexed to the City of Baltimore, 
 All streets, avenues, or alleys lying in any portion of Balti- 
 more County, which, under the provisions of said Act of 1888, 
 Chapter 98, became a part of Baltimore City, and which 
 shall have been legally condemned as streets under the pro- 
 visions of the Acts of Assembly of Maryland relating to stlteets 
 in Baltimore County, shall be held to be validly constituted 
 streets of Baltimore City in all respects as if the same had been 
 legally condemned as such by the Mayor and Cit}^ Council of 
 Baltimore ; and all proceedings for the laying off, openingj 
 grading and construction of streets, avenues or alleys, which- 
 shall have been begun under Article 3, of the Public Local 
 Laws, title "Baltimore County," sub-title "Streets," shall be 
 proceeded with and completed under said Article and sub-title. 
 
 4. Until the year nineteen hundred, the rate of taxation for 
 City purposes upon all landed property situated within the said 
 territorj^ annexed to Baltimore City by the Act of 1888, Chapter 
 98, and upon all personal property liable to taxation in said 
 territory, whether owned by persons, corporations or otherwise, 
 and upon which taxes would be paid to Baltimore County, if 
 «aid territory had not been annexed to the said City, shall at no 
 time exceed the tax rate of Baltimore County for the year 
 eighteen hundred and eighty-seven ; and until the year nine- 
 teen hundred there shall not be, for the purpose of City taxation; 
 any increase in the present assessment of such property as it 
 is now assessed ; and all property in the said territory which is 
 not now assessed, but which may be within the same period 
 liable to assessment, shall be assessed at the same rate as sim- 
 ilar property is now assessed in said territory ; and during the 
 said period, up to the year nineteen hundred, the City of Balti- 
 more shall expend within said territory an amount at least 
 equal to the amount of revenue derived from taxation on the 
 basis herein set forth from the said territory, in affording to 
 the residents within said territory the rights and privileges
 
 accorded to and enjoyed by the residents within the other wards 
 of said City; but nothing in this section shall be so construed 
 as to require the expenditure by said City of any greater sum. 
 From and after the year nineteen hundred, the property, real 
 and personal, in the said territory so annexed shall be liable 
 to taxation and assessment in the same manner and form as 
 similar jjroperty within the other wards of said City may be 
 liable ; provided, however, that after the year nineteen hundred, 
 .the Baltimore County rate of taxation for the year eighteen 
 hundred and eighty-seven shall not be increased for City 
 purposes on any landed property within the said territory until 
 avenues, streets or alleys shall have been opened and con- 
 structed through the same, nor until there shall be upon every 
 block of ground so to be formed, at least six dwelling or store 
 houses ready for occupation. 
 
 5. The annexation to the City of Baltimore of the territory 
 described in the Act of 1888, Chapter 98, shall not affect the 
 right of any turnj^ike or toll-road company heretofore chartered 
 by this State from collecting tolls upon such parts of their said 
 ■roads as lie within said territory, nor shall any provision in 
 the charter of said companies which prohibits the erection of a 
 toll-gate within one mile of Baltimore City, operate to require 
 the removal of any toll-gates now located within said territory. 
 But the Mayor and City Council of Baltimore shall have the 
 power to purchase or condemn from said companies such 
 portions of their several turnpike roads as lie within the City, 
 or to arrange with the said companies for the removal of their 
 turnpike gates beyond the City limits, and to appropriate such 
 sums of money as may be necessary to carry out these objects. 
 
 General Powers. 
 
 6. The Mayor and City Council of Baltimore shall have 
 full power and authority : 
 
 Buildings. — To direct in what part of the City of Baltimore 
 buildings of wood shall not be erected. To regulate and 
 establish the size of bricks that are to be used in the houses 
 to be built in the City of Baltimore. To provide for the entry 
 into and examination of all dwellings, lots, yards, enclosures 
 and buildings, cars, boats and vehicles of every description, to 
 ascertain their condition for health, cleanliness and safety ; for 
 the taking down and removal of buildings, walls, strvactures or 
 superstructures that are or may become dangerous, or to 
 require owners to remove them or put them into a safe and
 
 sound condition at their own expense. To regulate the build- 
 ing and maintenance of party walls, partition fences, parapet 
 and fire walls, smoke flues, fire-places, hot-air flues, boilers, 
 kettles, smoke stacks and stove-pipes. To provide for and 
 regulate the safe construction, inspection and repairs of all 
 private and public buildings within the City ; and to compel 
 the consumption of smoke, and make such regidations as maj 
 be deemed necessary to prevent the same from becoming 
 deleterious or offensive to health. To regulate, restrain or 
 prohibit the erection of wooden or frame buildings within the 
 present limits of the City and to remove the same at the 
 owner's expense when erected or suffered to remain contrary to 
 law or ordinance. To regulate the height, construction and 
 inspection of all new buildings hereafter erected in said City ; 
 and the alteration arid repairs of any buildings already erected 
 or hereafter to be erected in said City, and the ordinance regu- 
 lating the construction and inspection of buildings in said 
 City, passed by the City Council and approved by the Mayor 
 October 23, 1891, is hereby authorized and legalized, in the 
 same manner as if full authority had been given by the 
 General Assembly for the passage of the same prior to its 
 enactment. To regulate the limits within which it shall be 
 lawful to erect steps, porticoes, bay windows or other structural 
 ornaments to houses fronting on any of the streets, lanes or 
 alleys of said City. 
 
 Carriages. — To license and regulate all carriages and other 
 vehicles owned or used for the purpose of business or pleasure, 
 and also all hackney coaches, carriages, carts, drays, omnibuses, 
 wagons and other vehicles, kept for hire or hired in said City ; 
 and also to license and regulate the employment of all hack- 
 men, draymen, wagoners, carters, porters and watermen, plying 
 for hire within the limits, and to pass all necessary and proper 
 regulations respecting the same ; provided, however, that all 
 revenue arising from said licenses shall be applied to the 
 paving or re paving of the public highways of the City. Every 
 carriage, coach, or other vehicle moved by horses or other 
 animal power, which shall be used for the conveyance of 
 persons within the City of Baltimore for hire or compensation, 
 shall be deemed a hackney carriage. To regulate the breadth 
 of the wheels of wagons, carts and drays to be used for hauling 
 burdens on the streets of said City, but such regulations shall 
 not affect persons hauling produce to said City.
 
 5 
 
 Chimneys. — To license and regulate the sweeping of chimneys 
 and fix the rates thereof, and to regulate the sweeping of any 
 chimney by the neglect of which the Cit}" may be endangered, 
 and to ascertain and regulate the width of those to be built in 
 the City. 
 
 Condemnation of Property. — To acquire, by purchase or con- 
 demnation, any land or property, or any interest therein, which 
 it may require for school-houses, engine-houses, courthouses, 
 markets, streets, bridges and their approaches, the establish- 
 ment or enlargement of parks, squares, gardens or other public 
 places, or for any other public or municipal purpose, and may 
 provide such methods of condemnation of any land or prop- 
 erty, or interest therein, situated wholly or partly within the 
 City of Baltimore, as it may deem proper ; under such proce- 
 dure as it may adopt, it shall provide for reasonable notice to 
 the owner or owners, and for appeals to the Baltimore City 
 Court, by any person interested, including the Mayor and City 
 Council of Baltimore, from the decision of any Commissioners 
 or other persons a]3pointed to value any such land or property, 
 or interest therein. Nothing herein contained shall be con- 
 strued as depriving the City of any power of condemnation for 
 any purpose already vested in it. 
 
 Fire. — To establish and regulate fire wards and fire compa- 
 nies, and all matters pertaining to the prevention and extin- 
 guishment of fires. To ap^Dropriate a sum of money annually 
 for the relief of disabled and superannuated firemen, for the 
 relief of the widows and children of firemen who have been 
 killed in the discharge of duty, and to provide by general ordi- 
 nance for giving pensions to employees of the Baltimore Fire 
 Department who may become unable to perform further service, 
 by reason of age, or other physical or mental disabilities. To 
 retire from office in the Fire Department any permanent or 
 called member thereof who has become permanently disabled 
 while in the actual performance of duty, or has performed 
 faithful service in the department for a period of not less than 
 twenty consecutive years, and placing the member so retired 
 upon a pension roll, the amount of annual pension to each 
 pensioner to be an amount equal to one-half the yearly amount 
 then being received by him, for service in said department at 
 the time of such retirement, per annum, payable in monthly 
 installments. To appropriate annually such sums of money as 
 shall be sufiicient to pension all such members of the Fire
 
 Department as shall be upon the pension roll. To regulate the 
 evil and pernicious practice of firing or discharging crackers 
 within the limits of said City, either bj prohibiting sale of the 
 crackers or otherwise. To erect and provide magazines for the 
 storage of gunpowder brought to the City, and to compel the 
 storage of same therein, and to regulate the price of said stor- 
 age. To regulate the storage of naval stores and other com- 
 bustible matter in such quantities or in such places in the City 
 as may be deemed dangerous. To provide for the inspection 
 of oils or fluids made from petroluem or its products, to be used 
 for illuminating purposes, offered for sale in the City of Balti- 
 more, and for the appointment of inspectors for that purpose^ 
 and to impose such fines and penalties as it may deem neces- 
 sary and proper in the premises. To fix by ordinance the 
 standard or flashing point of oils, of fluids made from petro- 
 leum or its products, used for illuminating purposes, and offered 
 for sale in said City, and to provide for the inspection of the 
 same, and for the appointment of inspectors for that purpose. 
 
 Fish. — To regulate the sale or disposition of fish within the 
 limits of the City of Baltimore ; to impose fines or penalties 
 for the violation of any regulation it may establish. 
 
 Fruits, Meats, Vegetables and Other Articles. — To license and 
 regulate the sale of fresh fruits, meats, vegetables and all other 
 perishable articles in the City of Baltimore. 
 
 Harbor, Docks and Wharves. — To provide for the perserva- 
 tion of the navigation of the Patapsco River and tributaries, 
 including the establishment of lines outside the limits of said 
 City and within four miles thereof, beyond which no pier, 
 bulkhead or wharf may be built or extended ; and for cleaning 
 and deepening the harbor, docks and basin, and for regulating 
 the stationing, anchoring and mooring of vessels, and to make 
 such rules and regulations from time to time respecting same ; 
 to make surveys or charts of the basin, harl3or and river 
 Patapsco, and to ascertain the depth and course of the channel 
 of same, and if necessary, affix buoys or water marks for 
 facilitating and rendering more safe the navigation thereof. 
 To prohibit any person or persons from throwing into the 
 Patapsco River or any of the branches thereof, any earth, sand 
 or dirt, or laying out on the beach or shore of said river, below 
 common high-water mark, any earth, sand or dirt, unless such
 
 earth, sand or dirt be lirst well secured bv stone walls, dove- 
 tailed log- pens, or otherwise,*so that no part thereof may wash 
 into said river or the branches thereof. To cause the basin 
 and harbor, and such parts thereof as it may deem proper, to 
 be cleansed, scoured, cleared and ballasted* and all obstructions 
 in and upon the same, whether from vessels sunken or any 
 other cause, to be removed, and may levy reasonable port fees 
 on every vessel entering or clearing from said port. To make 
 such regulations as it may deem proper respecting wharves 
 and wharfage, and the keeping of wharves in repair, so as to 
 prevent their injuring the harbor and basin, and for preventing 
 vessels from casting filth or ballast into the same, and to 
 prevent filth, earth or soil from being thrown from the wharves 
 or land into said basin or harbor, so as to fill up the same or 
 obstruct the navigation thereof. To impose such fines for the 
 breach of any ordinance or ordinances passed in conformity 
 therewith, not exceeding one hundred and fifty dollars. To 
 assess, levy and collect on every thousand feet of lumber 
 floating into or arriving at the Port of Baltimore and washed 
 therein, a sum not exceeding thirty cents per thousand feet, 
 board measure (except all lumber floating into or arriving at 
 sai(i port for the purpose of being sawed in said City or its 
 vicinity, and all timber to be used for masts, spars and wharfing 
 timber), to be appropriated and applied by the Mayor and City 
 Council of Baltimore for carrying into eflect the rules and 
 regulations which it may from time to time make respecting 
 said harbor and port. To provide for the appointment of as 
 many Harbor Masters, or other officers or agents as may be 
 necessary to execute the foregoing powers. To collect or 
 impose a tax, duty, toll or wharfage upon any goods, wares or 
 merchandise, or other articles, for passing the same over any 
 of the public wharves within the City of Baltimore, and the 
 said corporation may regulate the time during which any goods, 
 wares, merchandise or other articles may remain on said public 
 wharves, or the time which the vessels, boats or scows taking 
 in or discharging such goods, wares or merchandise shall 
 remain at said wharves. To regulate, establish and collect 
 such rate of wharfage as it may think reasonable from all 
 vessels resorting to, lying at, depositing or transporting goods 
 or articles on any wharf belonging to the City, or any public 
 wharf in said City, other than wharves belonging to or rented 
 by the State, and that part of Pratt Street whai-f reserved for 
 the use of the State.
 
 Health. — To preserve tlie health of the Citj. To prevent 
 and remove nuisances. To prevent the introduction of conta- 
 gious diseases within the City, and within three miles of the 
 same ujDon land, and within fifteen miles thereof upon the navi- 
 gable waters leading. thereto. To regulate the places of manu- 
 facturing soap and candles, the erecting of slaughter-houses and 
 distilleries, and where every other oifensive trade may be carried 
 on. To regulate the construction, care, use and management of 
 tenement houses, lodging houses and cellars in the City of 
 Baltimore, for the better protection of the lives and health of 
 the inmates dwelling therein. 
 
 ^t3 
 
 Hospifah.—To ei-ect or establish houses of correction, alms- 
 houses, reformatories, hospitals or pest-houses, within or 
 without the City, if necessary, and make all regulations for 
 the government of the same. 
 
 Inspections. — To establish and regulate inspections within the 
 City. To make the standard of weights and measures the 
 same in the City of Baltimore as in the rest of the State, and 
 enforce the same by inspection. To regulate and fix the 
 assizing of bread. To provide by ordinance for the proper 
 inspection of milk or any and all other food products offered 
 for sale in the City of Baltimore or intended for consumption 
 therein ; to make and from time to time to alter such regula- 
 tions in regard to the sale of milk or any or all other food 
 products as to it may seem necessary to protect the public 
 health ; and to provide by fine of not more than one hundred 
 dollars for each offence, for the punishment of violations 
 against such regulations and ordinances ; to provide for such 
 number of inspectors or analysts as it may deem necessary, 
 and to fix their duties and compensation, and from time to 
 time to change the number, duties and compensation of the 
 said inspectors and analysts. To provide by ordinance for 
 the proper inspection of all the bakeries, bake shops, candy 
 factories, confectioneries or other places for the manufacture 
 of bread, cakes, confectionery aud similar food products, for 
 the purpose, more especially, of asc^ertaining their sanitary 
 condition and cleanliness, and for the purpose of ascertaining 
 the purity, healthfulness and wholesomeness of the fiour, 
 sugar, butter, lard and other ingredients used in making such 
 bread, cakes, confectionery and other articles of food offered 
 for sale in the City of Baltimore, or intended for consumption 
 therein ; to make and from time to time alter such regulations
 
 9 
 
 or ordinances in regard to the sale of said food products as to 
 it may seem necessary to protect the public health, and to 
 provide by fine of not less than twenty dollars nor more than 
 one hundred dollars for each offence for the punishment of 
 violations against such regulations and ordinances ; to provide 
 for such number of insjjectors and analysts as it may deem nec- 
 essary, and to fix their duties, qualifications and compensation. 
 
 Jail. — To own, regulate and control the Jail of Baltimore 
 
 City. 
 
 -^fe 
 
 Jones's Falls. — To make such improvements in connectiou 
 with Jones's Falls as in its judgment are desirable, and for this 
 purpose to change the course, lines and boundaries of said 
 stream, in whole or part ; to widen and deepen the same ; to 
 lay out and construct on the sides and adjacent to said stream, 
 streets, avenues and wharves ; to construct all such sewers and 
 drains in said City as shall be deemed requisite in connection 
 with said improvement ; and generally to do all siich things, and 
 exercise all such powers as, in its judgment, shall be necessary 
 to be done and exercised for the accomplishment of any plans 
 for the improvement of Jones's Falls which have been or may 
 be adopted by it. To have power at any time to acquire all 
 property of every kind and description which may be necessary 
 or advisable, in its judgment, to acquire, for the accomplish- 
 ment of the purposes mentioned, and shall moreover have full 
 power to provide for the ascertainment of the value of all 
 property and rights of property which it is thus authorized to 
 acquire, and to ascertain whether any and Avhat amount, in 
 value, of damages will be caused by the construction of the 
 aforesaid works of improvement in connection with Jones's 
 Falls, or any of them, to the owner or possessor of any 
 property, or rights of property, within the said City, for 
 which the owner or possessor ought to be compensated, and 
 to ascertain what amount of benefits will be caused by 
 the construction of the aforesaid Avorks of improvements, or 
 any of them, to the owner or possessor of any property, 
 or rights of property, for which said owner or possessor 
 ought to pay a compensation, and to provide for assessing or 
 levying, either generally on the whole assessable j^i'operty of 
 the City, or especially on the property of persons benefited, 
 the whole or any part of the damages and expenses which 
 it shall be ascertained will be incurred in constructing 
 such works in connection with the improvement of Jones's
 
 10 
 
 Falls, as it has determined or shall determine to make. To 
 provide for granting appeals to Baltimore City Court from the 
 decision of any Commissioners, or other persons appointed by 
 virtue of any ordinance, to ascertain the value of the property 
 which the City may wish to acquire for the purposes aforesaid, 
 or the damages which will be caused, or the benefits which will 
 accrue, by the construction of the aforesaid works of improve- 
 ment, and to secure to every owner or possessor of any property, 
 or right of property, which it may thus purpose to acquire, or 
 which may thus be decided to be damaged or benefited, the 
 right, on application within a time to be prescribed by 
 ordinance, to have decided by a jury trial, the true value of the 
 property proposed to be acquired for the purposes aforesaid, 
 and whether any and what damage will be caused, or any and 
 what benefits will accrue to the owner or possessor of the 
 property so assessed for damages or benefits respectively, and 
 to provide for collecting and paying over the amount of com- 
 pensation adjudged to each person entitled, or invest it in the 
 stock of the said City, for the use of the person so adjudged to 
 be entitled to the same, and to provide for collection, by the 
 sale of the property assessed, or otherwise, of all sums assessed 
 as benefits aforesaid, and generally to enact and pass all 
 ordinances, from time to time, which shall be deemed necessary 
 and proper to exercise the powers and efi'ect the objects for the 
 exercise and accomplishment of which this paragraph of this 
 section is passed. To define and locate the limits of Jones's 
 Falls within the City of Baltimore, and to acquire by purchase 
 or condemnation, under proceedings for which provision is 
 made in this Article, the absolute and exclusive right and 
 title to all the lands and rights of property embraced within 
 the said limits, and in the ground covered by all streets or 
 avenues which it may lay out and condemn on the sides of the 
 stream, and it shall have an estate in fee simple in the same. 
 It shall have power and is authorized to construct wharves or 
 quays along the margin of said stream, or use the said streets 
 or avenues for wharf or quay purposes, and collect tolls or 
 wharfage from all vessels or boats using the same. To make 
 such changes in the grades of the streets in the City of Balti- 
 more as shall, in its judgment, be necessary for the proper 
 construction of works connected with the improvement of 
 Jones's Falls, which it may determine to construct, and it shall 
 not be necessary, in order to make such changes in the grades 
 of streets, to obtain the consent of any of the proprietors of 
 the ground frontiug on said streets, or affected by such changes.
 
 11 
 
 To make such provisions as it shall deem best for defraying 
 the cost of grading and paving of any streets or avenues which 
 it may lay out and condemn along the margin or side of Jones's 
 Falls. To issue bonds to an amount not exceeding two 
 millions five hundred thousand dollars, from time to time, as 
 the same may be required in the course of the construction of 
 the works connected with the improvement of Jones's Falls, 
 for the construction of which provision is made by the 
 ordinance of the Mayor and City Council of Baltimore, 
 entitled, "An ordinance to provide for the improvement of 
 Jones's Falls within the limits of the City of Baltimore, and 
 to open avenues and construct sewers on the borders thereof," 
 the said bonds to be issued in sums of not less than one 
 hundred dollars each, redeemable in thirty years, and bearing 
 interest at 6 per cent, per annum, payable quarterly, transferable 
 as other City bonds, as provided in sections one and two of an 
 ordinance of the Mayor and City Council of Baltimore, entitled, 
 " An ordinance to authorize the issuing of bonds of the City of 
 Baltimore, for the purpose of providing means for the improve- 
 ment of Jones's Falls, " approved January 31, 1870 ; provided, 
 that said bonds shall not be issued unless the last mentioned 
 ordinance shall be approved by the votes of a majority of the 
 legal voters of the said City, cast at the time and places pro- 
 vided for in the last mentioned ordinance. To compel any 
 individuals, companies or bodies politic, owning property 
 binding on Jones's Falls, within the limits of the City, to wall 
 up such property, so far as the same may bind on the falls, 
 with a good and sufficient stone wall, to such height as in its 
 judgment the public good may require, and to have the same 
 backed up or filled in with earth, so as to secure the same and 
 the adjacent property from danger of being inundated with 
 water ; and whenever it may deem necessary, to compel 
 individuals, companies or bodies politic, to rebuild or repair, 
 in a good and sufficient manner, any stone wall owned by them 
 and binding on Jones's Falls within the limits of the City of 
 Baltimore ; and should any individuals, companies or bodies 
 politic neglect or refuse to wall up Jones's Falls, rebuild or 
 repair any such wall within the limits of the City of Baltimore, 
 when required so to do, the said City may cause the same to 
 be done, and it is authorized and empowered to recover the 
 cost of such wall, rebuilding or repairing, by suit at law, from 
 the party who may have refused or neglected to build, 
 rebuild or repair such wall ; and the cost of such wall shall be 
 a lien on the property so walled up or repaired.
 
 12 
 
 Licenses. — To license, tax and regulate all businesses, trades, 
 avocations or professions. To license, regulate, tax or suppress 
 hawkers, peddlers, brokers, pawnbrokers, intelligence offices, 
 street exhibitions or fortune-tellers. 
 
 Markets. — To erect, regulate, control and maintain markets 
 and stalls within the City of Baltimore, and to regulate and 
 control the sale of all goods, wares, merchandise or other 
 articles therein. To lease, sell or dispose of any stalls or 
 stands in any market, in such manner and upon such terms as 
 it may think projjer. To contract for, purchase, lease and hold 
 to it and its successors, in fee simple, or for a term of years, 
 renewable from time to time forever, any lands, tenements and 
 their appurtenances in the vicinity of any market for the pur- 
 pose of extending same. To condemn any land or other prop- 
 erty or any interest in land or other property for market pur- 
 poses in the mode provided in this Article. To levy and collect 
 all costs, damages and expenses incurred by the condemnation 
 proceedings aforesaid. The clerks of the markets shall have 
 full power and authority to seize by distress any meats, vege- 
 tables or other articles upon any stall or stand in the market- 
 houses of the City of Baltimore, if the person or persons 
 owning such stall or stand shall not pay the rent due thereon, 
 and they shall also collect all fines and forfeitures imposed bj 
 this Article or ordinances relating to markets, and account for 
 the same to the Mayor and City Council of Baltimore. To 
 levy and collect all the costs, damages and expenses awarded 
 in any condemnation proceeding provided for in this Article, 
 for the extension or construction of any market or markets in 
 the City of Baltimore, 
 
 Parks. — To establish, maintain, control and regulate parks 
 or squares in the City of Baltimore, for the recreation and 
 benefit of its citizens. The resolution of the Mayor and City 
 Council of Baltimore, appointing a Commission in relation to 
 the proposed pulilic parks, approved June 4, 1860, and the 
 ordinance of the Mayor and City Council of Baltimore, to pro- 
 vide for a public park or parks, approved June 21, 1860, are 
 confirmed ; and all acts done, or which may hereafter be done, 
 by the said Mayor and City Council of Baltimore, or the officers 
 of said Cit}', or the Park Commission acting under the provis- 
 ions of the said resolution and ordinance, shall have the same 
 effect as if the said Mayor and City Council of Baltimore, 
 prior to the passage of said resolution and ordinance, had been
 
 13 
 
 expressly empowered, by Act of the General Assembly, to enact 
 a resolution and ordinance in the precise terms of said resolu- 
 tion and ordinance, and to provide for carrying the same into 
 effect. All the rights, privileges and authority heretofore 
 granted, by ordinance, to the Park Commission, are hereby 
 transferred to the Board of Park Commissioners as constituted 
 in this Article. The Board of Park Commissioners be and 
 hereby is authorized and empowered, upon and immediately 
 after the execution and delivery, by the owners thereof, of the 
 deed hereinafter referred to, to the Mayor and City Council of 
 Baltimore, to assume exclusive jurisdiction and control over 
 the public highway known as Green Spring Avenue Road, ex- 
 tending from the north entrance of Druid Hill Park, through 
 parts of Baltimore City and parts of Baltimore County, to the 
 Western Run bridge in Baltimore County, with full power in 
 said Board of Park Commissioners to regulate the use of the 
 said Green Spring Avenue Road as a highway, and to prescribe 
 the hours when and the manner in wliich manure carts, hay 
 wagons and all or any other description ot vehicles may use 
 the same, and to prescribe fines and penalties for the violation 
 of such regulations, in the same manner as it prescribes fines 
 and penalties for violations of the public park regulations. The 
 owners of said Green Spring Avenue Road are hereby author- 
 ized to grant, and the Mayor and City Council of Baltimore 
 are hereby authorized to accept from said owners, a good and 
 sufiicient deed for the bed of said road, subject to the rights 
 of the adjacent property-holders to use the same as a highway. 
 From and immediately after the acceptance by the Mayor and 
 City Council of Baltimore, of the deeds mentioned above, all 
 obligation and duty upon the part of either the owners of said 
 Green Spring Avenue Road or of the public authorities of 
 Baltimore County, to keep or maintain said road in repair, 
 shall cease, and from and immediately after said time, the sole 
 obligation to keep and maintain said road in repair, shall rest 
 upon the Mayor and City Council of Baltimore. The Board 
 of Park Commissioners, as herein provided for, shall have all 
 the rights, powers and authority as are specifically set forth in 
 this paragraph of this section and elsewhere in this Article, 
 and all rights, powers and authority are hereby granted to the 
 Mayor and City Council of Baltimore to make such other and 
 further rules and regulations as it may deem proper for the 
 maintenance of all parks and squares within the City of Balti- 
 more not inconsistent with this Article.
 
 14 
 
 Police. — To appropriate a sum of monej annually for the 
 relief of disabled and superannuated members of the police 
 force of Baltimore City, and for the relief of widows and children 
 of policemen who may be killed in the discharge of duty. 
 
 Police Power. — To pass ordinances for preserving order, and 
 securing property and persons from violence, danger and 
 destniction, protecting the public and City property, rights 
 .and privileges from waste or encroachment, and for promoting 
 the great interest and insuring the good government of the City. 
 To have and exercise within the limits of the City of Baltimore 
 all the power commonly known as the Police Power to the 
 same extent as the State has or could exercise said po\<^er 
 wdthin said limits. But no ordinance heretofore passed, or 
 that shall hereafter be passed by the Mayor and City Council 
 of Baltimore, shall hereafter conflict or mterfere with the powers 
 or exercise of the powers of the Board of Police of the City 
 of Baltimore, heretofore created, nor shall the said City, ok* 
 any oflicer or agent of the City, or of the Mayor thereof, in 
 any manner impede, obstruct, hinder or interfere with the said 
 Board of Police, or any officer, agent or servant thereof or 
 thereunder. 
 
 Peddlers. — The Mayor may grant permits, upon the payment 
 of the sum of seven dollars to the Comptroller, to such 
 number of poor persons as to him may seem proper, to peddle 
 within the limits of the City of Baltimore, notions and small 
 wares without a license ; provided, that the stock in trade of 
 such peddler shall not exceed twenty-five dollars in value, and 
 .that the said Mayor at any time may revoke any such permit. 
 
 Pxvips, Fountains and Springs. — To erect and regulate pumps, 
 fountains and springs in the streets, lanes and alleys of the 
 City of Baltimore. 
 
 Railroads. — On application or assent, in writing, of the owners 
 of the major part in extent of front feet of the lots fronting 
 on each side of any sti'eet or part of street, to pass, subject to 
 the provisions and requirements of sections 37 and 85 of this 
 Article, such ordinances as shall be necessary for the construc- 
 tion of any track or railway of a steam railroad on and along 
 such street ; to permit and cause such alteration in the grade 
 of such street as may be necessary for the more convenient
 
 15 
 
 ^nd useful construction of such railway ; and may levy and 
 assess on all lots fronting on such street, or part of street, or 
 on the owners of such lots, their just proportion of the expense 
 of such construction, and enforce payment thereof ; provided, 
 notice be given to such owners before said assessment is made, 
 with the right to a hearing as to the propriety of the same, 
 and the further right of a jury trial by appeal to the Baltimore 
 Oity Court, and the proprietor of any lot in front of which 
 any such railway shall be so constructed, and the just propor- 
 tion of which shall be paid by him, shall be entitled, at his 
 own expense, to have a convenient siding or turn-out made, to 
 enable him to have the beneficial use of such railway. The 
 City may, whenever the public interests require, revoke the 
 privilege granted to such railroad to use said street or part of 
 a street, upon the payment to such railroad of the actual cost 
 of construction of said railway tracks, and upon such revoca- 
 tion and payment aforesaid, the said railroad shall remove all 
 of its tracks from said street. To require street passenger 
 railways to provide proper fenders to their cars for the protec- 
 tion of human life and to lessen the danger thereto arising 
 from collisions with such cars, and to enforce said requirements 
 by such fines and penalties as may be prescribed by ordinance. 
 To regulate the use of the streets by street railways. 
 
 Schools. — To establish in the City of Baltimore, in con- 
 formity with the provisions of this Article, a system of free 
 public schools, which shall include a school or schools for 
 manual or industrial training. To pass all ordinances for the 
 protection of school houses and property, and to punish any 
 person that may disturb the sessions of the public schools. 
 To levy and collect, upon the assessable property in the City 
 of Baltimore as other taxes are levied and collected, such 
 amount of taxes as may be necessary to defray all expenses 
 incurred for educational purposes. 
 
 Sewers. — To provide for constructing, opening, enlarging or 
 straightening, subject to the provisions herein contained as to 
 the Board of Public Improvements and Board of Estimates, 
 any sewer or drain, public or private, through any private 
 property. To pave and keep in repair, subject to the pro- 
 visions herein contained as to the Board of Public Improve- 
 ments and Board of Estimates, all necessary sewers and drains, 
 and to pass all regulations necessary for the preservation of
 
 16 
 
 the same and to authorize any person appointed bj it, or by 
 the City Engineer for that purpose, to enter upon the lands, 
 grounds or possessions of any person or body politic, through 
 which the common sewers or private sewers or drains run or 
 may run, to examine, inspect, regulate, make or repair the 
 same. To condemn any land or interest in land in the mode 
 provided in this Article for the use of the Mayor and City 
 Council of Baltimore in the construction of any sewers or 
 sewerage system. To inspect and regulate house drainage and 
 sewerage connections, and to prescribe the kind and quality of 
 material to be used for such purposes. 
 
 Squares, Springs and Monumtnts. — To establish, regulate 
 and control all squares, springs and monuments erected or 
 constructed within the City of Baltimore, and to provide for 
 the maintenance of same. To provide by ordinance for the 
 purchase or condemnation of all that land lying in the City of 
 Baltimore between the lines of Dolphin street on the north, 
 Biddle street on the south, Jordan alley on the east, and 
 Morris alley on the west, or so much thereof as may be 
 necessary, upon a proper survey, to extend the line of park- 
 ing known as Eutaw Square from Dolphin street to Biddle 
 street, and the driveways on each side thereof; and to provide 
 for assessing and levying on the whole assessable property of 
 the said City, or on the property of persons thereby benefited, 
 the whole or any part of the damages and expenses which may 
 be incurred in acquiring said land, and in locating and laying 
 out the said line of square ; and to provide for the granting of 
 appeals to the Baltimore City Court, from the decisions of the 
 Commissioners for Opening Streets or any Commissioners, or 
 other persons, appointed by authority of any ordinance to 
 ascertain the damages which will be caused or the benefits 
 which will accrue to the owners or possessors of ground, or 
 improvements in acquiring said land, and in locating, laying 
 out and extending said square from Dolphin street to Biddle 
 street, and for securing to every such owner and possessor the 
 right, on applicatian within a reasonable time, to have decided 
 by a jury trial, whether any damage has been caused, or any 
 benefit has accrued to them, and to what amount ; and to pro- 
 vide for collecting and paying over the amount of compensation 
 adjudged to each person entitled, or investing it in stock of 
 said City, for the use of any such persons who, because of 
 their infancy, absence from the City, or any other cause, may
 
 17 
 
 be prevented from receiving it, before an}' part of the land 
 lying within the said lines shall be taken. Before the said 
 City shall pass any ordinance under the above provisions, at 
 least sixty days' notice shall be given of any application f(jr 
 the passage of such ordinance, in at least two daily newspapers 
 in said City ; and before the Commissioners for Opening 
 Streets or any Commissioner or Commissioners appointed by 
 any ordinance under the above provisions shall proceed to the 
 performance of his or their duty, he or they shall give notice 
 in at least two of the daily newspapers in the City of Balti- 
 more, of the object of the ordinance under which he or they 
 propose to act, at least thirty days before the time of their first 
 meeting to execute the same. 
 
 Stocks, Loans and Finance. — To levy upon the assessable 
 property within the City, and collect by tax any sum which 
 may be necessary to pay and discharge the principal and inter- 
 est of any loan which may heretofore have been obtained, or 
 which may hereafter be obtained by said City, according to 
 law. It shall create a sinking fund to meet the liabilities 
 thus incurred, and may also levy upon the assessable property 
 of the City of Baltimore, from time to time, such sums as may 
 be necessary to provide therefor, and for the payment of the 
 principal and interest of the liabilities to be incurred under 
 this section, and may pass all ordinances necessary to carry 
 out the purpose of the same. Whenever the Commissioners 
 of Finance shall be authorized by the City to invest moneys 
 belonging to the sinking fund of said City, in aniuiities or 
 ground rents, reserved out of the lands leased to the City and 
 payable by the said City, the said Commissioners may pur- 
 chase such rents or annuities and the reversions of such 
 lands ; and the conveyances thereof taken may be made to the 
 Mayor and City Council of Baltimore, in trust for the benefit 
 and purpose of the said sinking fund ; and in every such case, 
 such conveyances shall not work a merger of the lease or term, 
 but, until otherwise provided by law, the rent shall continue to 
 be payable to the City as if such purchase had not been made, 
 but shall be received and applied by the Commissioners of 
 Finance as the income of other investments of the sinking fund 
 may be applied. Whenever and as often as it may be necessary 
 hereafter to issue certificates of indebtedness or City stock or 
 bonds of the City of Baltimore, either for loans of the said 
 City, already created and authorized by law, but not yet nego- 
 2
 
 18 
 
 tiatecl and issued, or for loans which may be hereafter created 
 and authorized to be issued as aforesaid, provision may be 
 made, in the discretion of the City, for the payment of any 
 taxes which the hohlers of said certificates or bonds may be 
 legally liable ; provided, however, that the rate of interest pay- 
 able on said loans shall not exceed the rate of five per cent, 
 per annum ; and provided, further, that nothing herein con- 
 tained shall prevent the said City from negotiating said loans, 
 or any part thereof, already authorized by law, but not yet 
 actually issued, or which may be hereafter created and author- 
 ized by law, at a lower- rate of interest than five per cent., per 
 annum, whenever it may appear to the said City practicable 
 and advisable to do so. 
 
 Streets, Bridges and Highioays. — To provide for laying out, 
 
 opening, extending, widening, straightening or closing up, 
 
 in whole or in part, any street, square, lane or alley wathin the 
 
 bounds of said City, which in its opinion the public welfare or 
 
 convenience may require. To provide for ascertaining whether 
 
 any, and what amount in value, of damage will be caused 
 
 thereby, and what amount of benefit will thereby accrue to the 
 
 owner or possessor of any ground or improvements within or 
 
 adjacent to said City, for which said owner or possessor ought 
 
 to be compensated, or ought to pay a compensation, and to 
 
 provide for assessing or levying, either generally on the whole 
 
 assessable property of said City, or specially on the property 
 
 of persons benefited, the whole or any part of the damages and 
 
 expenses which it shall ascertain will be incurred in locating, 
 
 opening, extending, widening, straightening or closing up the 
 
 whole or any part of any street, sqviare, lane or alley in said 
 
 City. To provide for granting appeals to the Baltimore City 
 
 Court, from the decisions of the Commissioners for Opening 
 
 Streets or any Commissioner or Commissioners, or other 
 
 persons appointed by virtue of any ordinance, to ascertain the 
 
 damage which Avill be caused or the benefit which will accrue 
 
 to the owners or possessors of ground or improvements by 
 
 locating, opening, extending, widening, straightening or closing 
 
 up, in whole or in part, any street, square, lane or alley within 
 
 the said City, and for securing to every siach owner or possessor 
 
 the right, on application within a reasonable time, to have 
 
 decided by a jury trial whether any damage has been caused, 
 
 or any benefit has accrued to them, and to what amount. 
 
 To provide for collecting and paying over the amount of 
 
 ■compensation adjudged to each person entitled, or inventing
 
 19 
 
 it in stock of the said City, for the use of any such person 
 who, because of infancy, absence from the City or any other 
 cause, may be prevented from receiving it, before any street, 
 square, lane or alley, in whole or in part, shall be so opened, 
 extended, widened, straightened or closed up, and to enact 
 and pass all ordinances, from time to time, which shall be 
 deemed necessary and proper to exercise the powers and 
 effect the objects above specified. To acquire the fee simple 
 interest in any land for the purpose of opening, extending, 
 widening or straightening, in whole or in part, any street, 
 square, lane or alley in Baltimore City. To provide by ordi- 
 nance for the collection of rent or revenue, which may or can 
 be derived or collected from the occupiers, tenants, or by what- 
 ever term they may be called, for the use and occupation by 
 them, of all building or buildings, or other property which the 
 City pays for, to the owners thereof, in all cases of street 
 openings, straighteniugs, closings or widenings, or in any case 
 of condemnation for any purpose whatever, said rent to be 
 paid by said tenants or occupiers of said building or buildings, 
 or other property, to the City authorities, from the date of pay- 
 ment for the same by the City to the owners thereof, or from 
 the date of the tender of such payment, if for any cause said 
 owners refuse or cannot lawfully accept the same, until said 
 building or buildings are removed, and until said property 
 shall be required by the City for its purposes, under the con- 
 . demnation proceedings. To provide by general or special 
 ordinance for the establishment, and change from time to time, 
 of the grade lines of any street, lane or alley, or part thereof, 
 now or hereafter marked, located or laid out upon the plan of 
 said City. To provide by ordinance for grading, shelling, 
 graveling, paving and curbing, or for the regrading, reshelling, 
 regraveliug, repaving and recurbing of any street, lane or alley 
 in said City, or part thereof, now condemned, ceded, opened, 
 as a public highway, or which may hereafter be condemned, 
 ceded, opened, widened, straightened or altered according to 
 the laws and ordinances regulating the same ; and also for 
 assessing the cost of any such work, in whole or in part, upon 
 the property binding upon such street, lane or alley, or part 
 thereof, according to such rule or basis as it may determine, 
 and for collecting said assessments as other City taxes are 
 collected or in such manner as it may prescribe, either before 
 or after the work shall have been done, provided that before 
 the passage by either Branch of the City Council of any 
 ordinance requiring the whole or any portion of the costs to
 
 '20 
 
 be assessed upon the property ten days' notice shall be given 
 in at least two of the daily newspapers in said City, and an 
 opportunity shall be afforded to all persons interested therein 
 to appear and be heard before some appropriate committee of 
 the Council, and it may also provide for appeals to the Balti- 
 more City Court from the decisions of the Commissioners for 
 Opening Streets or any Commissioner or Commissioners, or 
 other person or persons appointed to determine the amount of 
 assessment to be made upon any property under any such 
 ordinance ; and in the trial of such appeal the practice shall 
 conform as near as may be to the practice in the trials of street 
 appeals, including the right of appeal to the Court of Appeals. 
 To provide by general ordinance, subject to the provisions and 
 requirements of section 85 of this Article, for the grading, 
 gi-aveling, shelling, paving or curbing, or for the regrading, 
 regraveling, reshelling, repaving or recurbiug of any street, lane 
 or alley, or part thereof, in said City, without the passage of a 
 special ordinance in the particular case, whenever the owne]-s of 
 a majority of the front feet of property binding on such street, 
 lane or alley, or part thereof, shall apply for the same, upon 
 terms and under conditions to be prescribed in the same general 
 ordinance, and for the assessment in any such case of the cost 
 of such work, in whole or in part, pro rata, upon all the prop- 
 erty binding upon such street, lane or alley, or • part thereof, 
 and for the collection of such assessment as other City taxes 
 are collected. In any and all cases where any street, lane or 
 alley, or any part thereof, in the City, has been graded, paved 
 or curbed, or regraded, repaved or recurbed, under any ordi- 
 nance which provided for assessing the whole or any portion 
 of the cost of such improvement upon the property binding 
 upon such street, lane or alley, or part thereof, and such 
 assessments, or any part thereof, remain unpaid, it shall be 
 lawful for the City to provide by ordinance for the levy and 
 collection in such manner as it may deem proper, of a tax 
 upon all the property binding on any street, lane or alley, or 
 part thereof, which may have been so improved, to the extent 
 that such property shall have been specially benefited by 
 such improvement, provided that no property upon which 
 the assessment originally made for its share of the cost 
 of such improvement shall have been paid shall be again 
 assessed, and that reasonable notice and an opportunity to be 
 heard shall be given to all persons interested before the 
 final ascertainment of the amount of tax to be paid by any 
 such property, and the said City shall provide for appeals to
 
 21 
 
 the Baltimore City Court by any person or persons inter- 
 ested, including the City itself, from the decision of the Com- 
 missioners for Openiiig Streets or any Commissioner or Com- 
 missioners, or other persons appointed to determine the 
 amount or amounts of such special taxes or assessments ; and 
 in the trial of such appeals the practice shall conform as near 
 as may be to the practice in the trial of street appeals, includ- 
 ing the right of appeal to the Court of Appeals. To pass all 
 ordinances necessary for grading, regulating, paving and repair- 
 ing the footways in the streets, lanes and alleys of the City, and 
 impose a tax on any lot fronting on any paved street, lane or 
 alley, for the purpose of grading, regulating, paving or repair- 
 ing footways in front thereof, or compel by fine or otherwise 
 the owner or proprietor of any lot to pave or repair the foot- 
 ways in front thereof, agreeably to the ordinances to be passed 
 by it. To regulate the use of streets, highways, roads, public 
 places and sidewalks by foot-passengers, animals, vehicles, cars, 
 motors and locomotives, and prevent encroachment thereon 
 and obstruction of the same. To regulate the opening of street 
 surface, for the purposes authorized by law or ordinance. To 
 regulate the numbering of houses, lots, streets and avenues, and 
 the naming of streets, avenues and public places. To regulate 
 the use of sidewalks for use of signs, sign-posts, awnings, 
 awning-posts, horse-troughs, telegraph-posts, trolley poles, 
 electric light poles, telegraph wires, electric light wires, and for 
 any and all other purposes, and to prohibit the erection of any 
 posts, poles or wires, and to compel the removal of any posts, 
 poles or wires in, over or above any street, sidewalk or highway. 
 To clean the streets and remove the dirt and filth therefrom, 
 and to prohibit and punish by ordinance the placing of any 
 dirt, filth or other matter therein, and to protect any pavement 
 by prohibiting the travel thereon. To erect lamps in any of 
 the streets, lanes or alleys of said City, and cause the same to 
 be lighted at the expense of the City. To regulate the use of 
 streets, lanes or alleys in said City, by railway or other tracks, 
 gas or other pipes, telegraph, telephone, electric light or other 
 wires and poles, in, under, over or upon the same, and to 
 require all such wires to be placed under ground after such 
 reasonable notice as it may prescribe. To provide a series of. 
 conduits under the streets, lanes and alleys of said City, or 
 any part or parts thereof, for the use of telephone, telegraph, 
 electric light and other wires, either by constructing said con- 
 duits itself or authorizing their construction by such person or 
 corporation, upon such terms as may be agreed upon. To
 
 22 
 
 appoint an Electrical Commission, with such powers and duties 
 as it may deem proper or appropriate for carrying out the 
 aforesaid provisions of this section relating to conduits. To 
 require all such wires, or any part or parts thereof, and the 
 poles carrying the same, to be removed from the surface of the 
 streets, lanes or alleys of. said City, or any part or parts 
 thereof, and to require such wires to be placed in such conduits, 
 all under such penalty as it may prescribe. To prescribe and 
 establish reasonable i-entals to be paid by any company or 
 person using any of said conduits, by whomsoever the same 
 may be constructed, for the use thereof, and to provide for the 
 collection of such rentals, in addition to the ordinary processes 
 by such summary methods as it may deem appropriate; 
 provided, however, that nothing contained in this Article shall 
 be deemed or taken to modify or change, in any manner, the 
 provisions of Ordinance Number Forty-one, of the Mayor and 
 City Council of Baltimore, approved May 9, 1889, or the rights 
 and privileges granted thereby to the companies therein named 
 or either of them. To purchase, with the County Commis- 
 sioners of any adjoining or neighboring counties of said Cityi 
 all bridges and turnpike roads, or am^ portions thereof, lead- 
 ing toward said City, at such times and upon such terms as it 
 and said County Commissioners on the one part, and the owner 
 of such bridges and highways on the other, may mutually 
 agree, and when so purchased all or any of them' shall there- 
 after be free public high^vays, and as such under the care and 
 management of said Cit}' and said County Commissioners, as 
 they may respectively provide and stipulate as between them. 
 To exercise, in reference to opening streets and alleys through 
 Cathedral Cemetery or burial ground in said City, all the 
 rights and powers which it has, or may hereafter be conferred 
 upon it, in reference to opening streets, lanes or alleys in said 
 City. With the County Commissioners of Anne Arundel 
 County, to cause to be erected and maintained at their joint 
 expense lamps along and on Light Street Bridge, not more 
 than seventy-five yards apart ; provided, that there shall be at 
 least one lamp at each end of the draw of said bridge, and the 
 said lamps shall be attended to, cleaned, lighted at night and 
 extinguished in the morning by the keeper of said bridge. 
 
 Surveyor. — To prescribe by ordinance the duties and com- 
 pensation of the City Surveyor.
 
 23 
 
 Taxes. — To levy annually upon the assessable property of 
 tlie City, by direct tax, with full power to provide by ordinance 
 for collection of the same, such sum of money as may be 
 necessary, in its judgment, for the purpose of defraying the 
 expenses of said City over and exclusive of all expenses, 
 charges and sums of money which it is, or shall be, required 
 by law to collect for other purposes subject to the provisions 
 and limitations herein contained. To levy and collect taxes 
 upon every description of property- found within the corporate 
 limits of said City, which is now authorized by law to levy 
 taxes upon, for the piirpose of defraying the expenses of the 
 municipal government, whether the owners thereof reside 
 within or without the limits of said corporation ; provided that 
 iio stocks, bonds, mortgages, certificates or other evidences of 
 indebtedness of any bank or other corporation situate within 
 the limits of said City, which are owned or held by persons 
 residing without said limits, shall be subject to taxatioii for 
 the purpose above set forth ; and provided further that no 
 authority is given by this section to impose taxes on any 
 property which is now or may hereafter be exempted from 
 taxation by any general or special Act of the General Assembly 
 of Maryland, nor upon any property which may be stored or 
 deposited in the City of Baltimore for temporary purposes. 
 To provide by general ordinance, whenever it shall seem 
 expedient for the encouragement of the growth and develop- 
 ment of manufactures and manufacturing industry in the said 
 City, for the abatement of any or all taxes levied by authority 
 of the said Mayor and City Council of Baltimore, or by 
 ordinance thereof, for any of the cori3orate uses thereof, upon 
 any mechanical tools or implements, whether worked by hand 
 or by steam, or other motive power, machinery, manufacturing 
 apparatus or engines owned by any individual, firm or cor- 
 poration in said City, and properly subject to valuation and 
 taxation therein, which said tools, implements, machinery, 
 apparatus or engines shall be actually employed and used in the 
 business of manufacturing in said City, and it shall be the 
 duty of the Appeal Tax Court to make such abatements of 
 taxes levied as aforesaid as may be authorized and directed by 
 said City by ordinance as aforesaid; provided that such abate- 
 ment shall be extended to all persons, firms or corporations 
 engaged in the branches of manufacturing industry proposed 
 to be benefited by any ordinance passed under the provisions 
 of this paragraph of this section ; provided further, that 
 application for such abatement as aforesaid shall be made or
 
 24 
 
 verified to tlie satisfaction of said Court by the oath of the 
 party applying for the same, or other satisfactory evidence, 
 Ijefore the annual revision and correction of the tax lists in 
 each year, which said Appeal Tax Court is by law required to 
 make, shall be completed and returned by said Court to the 
 City Collector and Board of Estimates, and not afterwards ; 
 and said Court shall further keep a record of all abatements 
 made by it as aforesaid, and report in writing the aggregate 
 amount thereof during the year to the said Mayor and City 
 Council of Baltimore on or before the fifteenth day of October 
 in each year. To extend the limits of direct taxation within 
 the said City, from time to time, as it shall deem expedient. 
 To have power to provide by ordinance or otherwise for the 
 prompt collection of taxes due the City, and have power to sell 
 real estate, as well as personal property, for the payment of 
 taxes. 
 
 Theatrical and other Public Aimisements. — To provide for 
 licensing, regulating and restraining theatrical or other public 
 amusements within the Citv of Baltimore. 
 
 Water. — To establish, operate, maintain and control a system 
 of water supply for Baltimore City, and to pass all ordinances 
 necessary in the premises. From time to time to contract for, 
 purchase, lease and hold, in fee simple, or for a term of years, 
 any land, real estate, spring, brook, water, watercourse, and also 
 the right to use and occupy, forever or for a term of years, any 
 land, real estate, spring, brook, water or Avatercourse which it 
 may conceive expedient and necessary for the purpose of 
 conveying water into the said City for the use of the 
 sS,id City and for the health and convenience of the inhabit- 
 ants thereof, and also the right to enter and pass through, 
 from time to time, as occasion may require, and to use and 
 occupy the said lands through which it uKiy deem necessary to 
 convey the said water ; and it is hereby invested with all the 
 rights and powers necessary for the introduction of water into 
 said City, and to enact and pass all ordinances, from time to 
 time, which shall be deemed necessary and proper to exercise 
 the powers and effect the objects above specified. To contract 
 with individuals, firms or corporations for the use of the water 
 of said City, on such terms and for such time as it may deem 
 proper and expedient. The Mayor and City Council of Balti- 
 more, or any agent authorized by it, may agree with the owner
 
 25 
 
 of any land, real estate, spriug, l)rook, water or watercourse, as 
 aforesaid, earth, timber, stone or other materials which it maj 
 conceive expedient or necessary to purchase and hold, for the 
 purpose of introducing water into the City of Baltimore. K 
 they cannot agree, or if there be any incapacity or disal)ility 
 to contract with the owner of such land or real estate, spring, 
 brook, water or watercourse as aforesaid, earth, timber, stone 
 or other materials, or with the owner of such lands through 
 which the said City may find it necessary to have a right of 
 entry and passage, for the purpose of conveying the said water 
 into the said City, or if such owner should be absent, out of the 
 State, or unknown, it shall be lawful, on application of the City, 
 for any Justice of the Peace of the county in which said lands, 
 earth or other property or materials as aforesaid are situate, to 
 issue his warrant to the Sherifi" of said county, commanding 
 him to summon from the said county a jury of twenty free- 
 holders, inhabitants of said county, nnt related to the owner or 
 persons interested, as aforesaid, in the said real estate or other 
 property, to meet on the premises which are to be valued, on 
 some certain day to be named in said warrant, of which said 
 warrant and the day therein named for the meeting of the 
 jury, twenty days' notice shall be given previous to such day 
 by the City to every owner or person interested, as aforesaid, 
 or if any owner be an infant or lunatic, or feme covert, to his 
 or her guardian or her husband, or in either case left at his or 
 her place of abode, or if out of the State or unknown, such 
 notice shall be published not less than eight weeks successively 
 in some one or more of the daily newspapers of Baltimore 
 City, and in some one or more of the newspapers of the county 
 in which said property may be located, if any newspapers be 
 published in such county. From the list of jurors so returned 
 and attending, the person, the condemnation of whose property 
 may be desired, may strike four, and the said City may strike 
 four, so that the number of jurors be reduced to twelve, and 
 in case either party shall neglect or refuse to strike off the 
 names of jurors, then it shall be the duty of the Sheriff or his 
 deputy, who shall attend as hereinbefore directed, to strike off 
 jurors for the party so refusing or neglecting, so that the 
 number of jurors be reduced to twelve, as aforesaid. The 
 jurors so remaining shall inquire into, assess and ascertain the 
 sum of money to be paid by the said City for the land, spring, 
 brook, water rights or other property which it may deem 
 necessary to purchase and hold or use for the purpose afore- 
 said. Before the said jury act as such the said Sheriff" or hist
 
 26 
 
 deputy shall administer to each of them an oath that he will 
 justly and impartially value the damages which the owners or 
 parties holding an interest therein will sustain by the use and 
 occupation of said property by the City. The said jury shall 
 reduce their inquisition to writing and shall sign and seal the 
 same, and it shall then be returned bv said Sheriff to the 
 Clerk of the Circuit Court for said county, and be filed by such 
 clerk in his office, and shall be confirmed by said court at its 
 next session, if no sufficient cause to the contrary be shown ; 
 and when confirmed shall be recorded by the said clerk at 
 the expense of the City. If not confirmed, the said court 
 may direct another inquisition in the manner above described. 
 From any decision on matter of law made by said court on a 
 hearing for confirmation, an appeal may be taken to the Court 
 of Appeals ; provided, that such appeal l)e taken within ten 
 days after such decision shall be made, and the Court of Appeals 
 may award costs to either party in its discretion. The inqui- 
 sition shall describe the property taken or the bounds of 
 the land condemned, and the quantity or duration of the inter^ 
 est in the same, valued to the City ; and such valuation, when 
 paid or tendered to the owner of said property, or his legal 
 representative, shall entitle the City to the use, estate and 
 interest in the same thus valued, as fully as if it had been 
 conveyed by the owner of the same ; and the valuation, if not 
 received when tendered,- may at any time thereafter be received 
 from the City, without interest, by the said owner or his legal 
 representative. If the twenty jurors summoned as aforesaid 
 shall not appear at the time and place as aforesaid the Sheriff 
 or his deputy, as the case may be, shall forthwith summon 
 other freeholders of the county, from the bystanders or others 
 qualified as aforesaid, to make up the said jury to the number 
 of twelve. The jurors so summoned and attending shall be 
 allowed the same compensation as is allowed to the jurors in 
 the Circuit Court for the county, and the sheriff shall be 
 allowed similar fees as are allowed by law for the summoning 
 jurors to attend the Circuit Court for the county, and also a per 
 diem of two dollars for every day he or his deputy shall be in 
 attendance upon an inquisition; and such expenses shall be 
 paid by the City, except in cases of objections to the confirma- 
 tion of inquisitions before the Circuit Court, when the costs in 
 said Court may be awarded in the discretion of tlie Court. For 
 the purpose of defraying all the expenses and costs of said 
 lands, waters and water rights as shall have been taken for 
 the purposes aforesaid, and of constructing all works necessary
 
 I 
 
 27 
 
 to the accomplishment of said purposes, and all expenses 
 incident thereto, the said Citv shall have authority, in the 
 name of the City, to issue certificates of debt, to be denomi- 
 nated on the face Baltimore Water Stock, to an amount not 
 exceeding five million dollars, bearing interest not exceeding 
 six per cent, per annum, and to provide by ordinance for the 
 redemption of the same at a certain time, and under such pro- 
 visions as the City may deem expedient and proper. The said 
 City is authorized and empowered to assess rates for the 
 supply and use of water at any point in Baltimore City and 
 County, and also to enforce payment for the use of water, 
 and other expenses incurred in the introduction of water from 
 the water mains, according to the rates established by the said 
 City, said payments to be enforced by the same process that 
 City or State taxes are collected, or that may be collected by 
 process before a Justice of the Peace, or in any of the Courts 
 of the City of Baltimore having jurisdiction in such cases. The 
 Siid City is authorized and empowered to appoint watchmen 
 Or such police force as may be necessary for the protection 
 of its water works in the City and County of Baltimore, and 
 to impose fines and penalties for interference with or injury to 
 thd works or their appendages. To prevent the water from 
 being obstructed or contaminated, and to prohibit all meddling 
 or tampering with the water works and their appurtenances ; 
 said fines and penalties shall be enforced and collected as 
 other fines and penalties are enforced and collected by law. To 
 issue bonds or certificates of indebtedness to an amount not 
 exceeding one million dollars, from time to time, as the same 
 may be required, payable at such time and bearing such rate 
 of interest not exceeding five per cent, per annum, as the said 
 City shall provide by ordinance, the proceeds of the said 
 bonds or certificates of indebtedness to be applied to the pur- 
 pose of constructing and completing Lake Clifton, as proposed 
 to be constructed on the line of the work of the introduction 
 of the water of the Gunpowder Falls to the City of Baltimore, 
 and for the acquisition of the necessary land in Baltimore 
 County, whereon to locate one or more reservoirs, and for the 
 construction of said reservoir or resei'voirs, and for obtaining 
 such pumping machinery as may be necessary in connection 
 therewith, and for procuring and laying of iron pipes or mains 
 for the purpose of distributing said water to the inhabitants 
 of said City ; provided, however, that the said bonds or certifi- 
 cates of indebtedness shall not be issued until the ordinance 
 which the City is aiithorized to enact for such issue shall be
 
 28 
 
 approved bj a majority of the legal voters of Baltimore Citj, 
 at the time and place to be appointed by said ordinance in the 
 provision for submitting the same to the legal voters of said 
 City, as required by section 7 of Article XI of the Constitu- 
 tion of the State. Before the City shall lay any water pipes 
 along any street, road, lane or avenue in the territory annexed 
 to the City of Baltimore under the provisions of the Act 
 of 1888, chapter 98, upon which the Catonsville Water Com- 
 pany has laid its pipes and other water appliances, the said 
 City shall, if said company desires to surrender said pipes 
 and water appliances in such street, road, lane or avenue, to 
 the City, pay to the said company the fair value of its water 
 pipes and other water appliances constructed in said street, 
 lane, road or avenue, and such actual damages to the said 
 company as shall be caused by the acquisition of said pipes 
 and appliances by the City ; and the amount so to be paid, if 
 the said company and the said City cannot agree in reference 
 thereto, shall be ascertained by a majority of a board of three 
 arbitrators, one to be appointed by the City, and one by said 
 company, and the two arbitrators thus appointed shall appoint 
 the third arbitrator ; and if they cannot agree upon such third 
 arbitrator the latter shall be appointed by the Governor of the 
 State ; provided, whenever the Mayor and City Council of 
 Baltimore shall extend its water mains for the purpose of 
 supplying water therein into the territory of Baltimore County 
 previously occupied by some other water company then sup- 
 plying water to residents of such locality, said Mayor and 
 City Council of Baltimore, before it shall supply water to 
 users in said territory, shall purchase or condemn the water 
 pipes and rights of said local water company. To purchase 
 all the property, rights, estates and privileges of any chartered 
 company authorized to introduce, or which may hereafter be 
 authorized to introduce, water into said City, upon such terms 
 as may be agreed upon by the City, and such corporation or 
 corporations, in the manner prescribed in their respective 
 charters, or in the absence of such provisions, as shall be 
 agreed upon by the said City and such corporation or corpo- 
 rations ; and such corporation is authorized to execute a con- 
 veyance to the City of all the franchises and property of said 
 corporation ; and all such rights, privileges and franchises 
 shall be vested in the Mayor and City Council of Baltimore, 
 to be held, exercised and enjoyed by the said City as fully in 
 every respect as might or could have been done by any such 
 corporation or corporations under their respective charters.
 
 '29 
 
 Welfare and Other Powers. — TLe foregoing or other enumer- 
 ation of powers in this Article shall not be held to limit the 
 power of the Mayor and City Council of Baltimore, in addition 
 thereto to pass all ordinances not inconsistent Avith the provis- 
 ions of this Article or the laws of the State as may be proper 
 in executing any of the powders, either express or implied, 
 enumerated in this section and elsewdiere in this Article, as 
 well as such ordinances as it may deem expedient in maintain- 
 ing the peace, good government, health and welfare of the City 
 of Baltimore ; and it may provide for the enforcement of all 
 such ordinances by such penalties and imprisonments as may 
 be prescribed by ordinance ; but no fine shall exceed five hun- 
 dred dollars, nor imprisonment exceed twelve months for any 
 offense. 
 
 Franchises. 
 
 7. The title of the Mayor and City Council of Baltimore, in 
 and to its water front, wharf property, land under water, public 
 landings, wharves, docks, highways, avenues, streets, lanes, 
 alleys and parks, is hereby declared to be inalienable. 
 
 8. The Mayor and City Council of Baltimore may grant for 
 a limited time, and subject to the limitations and conditions 
 contained in this Article, specific franchises or rights in or 
 relating to any of the public property or places mentioned in the 
 preceding section ; provided, that such grant is in compliance 
 with the requirements of this Article and that the terms and 
 conditions of the grant shall have first been authorized and set 
 forth in an ordinance duly passed by the City. Every such 
 grant shall specifically set forth and define the nature, extent 
 and duration of the franchise or right thereby granted, and no 
 franchise or right shall pass by implication under any such 
 grant; and notwithstanding any such grant the Mayor and City 
 Council of Baltimore shall at all times have and retain the 
 power and right to reasonably regulate in the public interest 
 the exercise of the franchise or right so granted ; and the said 
 Mayor and City Council of Baltimore shall not have power by 
 grant or ordinance to divest itself of the right or power to so 
 regulate the exercise of such franchise or right. 
 
 9. No franchise or right in relation to any highway, avenue, 
 street, lane or alley, either on, above or below^ the surface of 
 the same, shall be granted by the Mayor and City Council of 
 Baltimore to any person or corporation for a longer period
 
 30 
 
 than twenty-five years, but such grant may, at the option 
 of the City, provide for giving to the grantee the right, on a 
 fair re-vahiation, including in such re-valuation the value 
 derived from the said franchise or right, to renewals not 
 exceeding in the aggregate twenty-five years. Such grant 
 may provide that upon the termination of the said franchise 
 or right granted by the City, the plant, as well as the property 
 of the grantee situated in, above or under the highways, ave- 
 nues, streets, lane or alleys aforesaid, with its appurtenances, 
 shall thereupon be and become the property of the City, with- 
 out further or other compensation to the grantee ; or such grant 
 may provide that upon such determination, there shall be a 
 fair valuation of the plant and property, which shall be and 
 become the property of the City at its election, on paying the 
 grantee said valuation. If, by virtue of the grant, the plant 
 and property are to become the property of the City, without 
 money payment therefor, the City shall have the option, either 
 to take and operate the said property on its own account, or to 
 renew the said grant for not exceeding twenty-five years on a 
 re-valuation, or sell the same to the highest bidder at public 
 sale. If the original grant shall prescribe that the Mayor and 
 City Council of Baltimore shall at its election make payment 
 for such plant and property, such payment shaU be at a fair 
 valuation of the same as property, excluding any value derived 
 from the franchise or right, and if the City shall make paym ent 
 for such plant and property, it may, in that event, operate ''he 
 plant and property on its own account for five years, after which 
 it may determine either to continue such operation on its own 
 account or to lease the said plant and property and the said 
 franchise or right to use the highways, avenues, streets, lanes 
 and alleys or other public property in connection therewith, for 
 limited periods, under such rules and regulations as it may 
 prescribe, or to sell the plant and property to the highest 
 bidder at public sale. Every grant of any such franchise or 
 right shall make provision, by way of forfeiture or otherwise, 
 of the grant for the pvirpose of compelling compliance with the 
 terms of the grant, and to secure efficieny of public service at 
 reasonable rates, and the maintenance of the property in good 
 condition, throughout the full term of the grant. The grant 
 shall also specify the mode of determining the valuations and 
 re-valuations which may be provided for therein. 
 
 10. Before any grant of the franchise or right to use any 
 highway, avenue, street, lane or alley, or other public prop-
 
 31 
 
 erty, either on, above or below the surface of the same shall be 
 made, the proposed specific grant, except as provided in the 
 proviso to Section 37 of this Article, embodied in the form of 
 a brief advertisement, prepared by the Board of Estimates, at 
 the expense of the applicant, shall be published by the Comp- 
 troller for at least three days in one daily newspaper published 
 in Baltimore City to be designated by the Board of Estimates, 
 and all the provisions of Section 37 of this Article shall be 
 complied with. 
 
 11. When the grant of a franchise or right is made in com- 
 pliance with the aforegoing section, the Mayor and City 
 Council of Baltimore shall not part with, but shall expressly 
 reserve the right and duty, at all times, to exercise, in the 
 interest of the public, full municipal superintendence, regula- 
 tion and control, in respect to all matters connected with said 
 grant and not inconsistent with the terms thereof. 
 
 12. Sections 8, 9, 10 and 11 of this Article shall apply to 
 any renewal or extension of the grant or leasing of the property 
 to the same grantee or to others. 
 
 13. Nothing contained in this Article shall prevent the 
 Mayor and City Council of Baltimore from disposing of any 
 building or parcel of laud no longer needed for public use ; 
 provided, that such disposition shall be approved by the Finance 
 Commissioners by their uniting in the conveyance thereof, and 
 shall be made at public sale, and be provided for by ordinance ; 
 nor to the renting for fixed and limited terms of any of its prop- 
 erty not needed for public purposes, on approval of the Com- 
 missioners of Finance. 
 
 Contracts With the City. 
 
 14. Hereafter in contracting for any public work or the 
 purchase of any supplies or materials involving an expenditure 
 of five hundred dollars or more for the City, or by any of the 
 City departments, sub-departments or municipal ofiicers not 
 embraced in a department, or special commissions or boards, 
 unless otherwise provided for in this Article, proposals for the 
 same shall be first advertised for, in two or more daily news- 
 papers published in Baltimore City, for not less than ten nor 
 more than twenty days, and the contract for doing said work 
 or furnishing said supplies or materials, shall be awarded by the 
 Board provided for in the next section of this Article, and in 
 the mode and manner as therein prescribed.
 
 32 
 
 15. All bids made to the Mayor and City Council of Balti- 
 more for supplies or work for any purpose whatever, unless 
 otherwise provided in this Article, shall be opened by a Board, 
 or a majority of them, consisting of the Mayor, who shall be 
 President of the same ; the Comptroller, City Eegister, City 
 Solicitor, and President of the Second Branch, which Board, 
 or a majority of them, shall, after opening said bids, award the 
 contract to the lowest responsible bidder. The successful 
 bidder shall promptly execute a formal contract to be approved 
 as to its form, terms and conditions by the City Solicitor, and 
 he shall also execute and deliver to the Mayor a good and 
 sufficient bond to be approved by the Mayor in double the 
 amount of the contract price. To all such bids there shall be 
 attached a certified check of the bidder, and the bidder who 
 has had the contract awarded to him, and who fails to promptly 
 and properly execute the required contract and bond, shall 
 forfeit said check. The said check shall be taken and con- 
 sidered as liquidated damages, and not a penalty, for failure of 
 said bidder to execute said contract and bond. Upon the 
 execution of said contract and bond by the successful bidder, 
 the said check shall be returned to him. The amount of said 
 check shall be five hundred dollars, unless otherwise provided 
 by ordinance, or an order or regulation of the department for 
 whose use the bids are made and contract entered into. The 
 checks of the unsuccessful bidders shall be returned to them 
 after opening the bids and awarding the contract to the 
 successful bidder. 
 
 MAYOR. 
 
 16. The inhabitants of the City of Baltimore qualified to 
 vote for members of the House of Delegates shall, on the 
 Tuesday next after the first Monday in May, eighteen hundred 
 and ninety-nine, and on the same day and month in every 
 fourth year thereafter, elect by ballot a person of known 
 integrity, experience and sound judgment, over twenty-five 
 years of age, a citizen of the United States, and five years a 
 resident of said City next preceding the election, and assessed 
 with property in said City to the amount of tvv^o thousand 
 dollars, and who has paid taxes thereon for two years preced- 
 ing his election, to be Mayor of the City of Baltimore ; but 
 the Mayor chosen at the first election under this section shall 
 not enter upon the discharge of the duties of the office until 
 the expiration of the term for which the present Mayor was 
 elected ; unless the said office of Mayor shall become vacant
 
 33 
 
 by death, resignation, removal from the State or other disqual- 
 ification of the present Mayor. 
 
 17. Prior to every municipal election, as provided for in 
 this Article, there shall be, on the first and second Mondays of 
 April, a supplementary registration of voters of Baltimore City, 
 which registration shall be under the supervision of the Super- 
 visors of Election, and conducted in conformity with the pro- 
 visions of the law then in force relating to the registration of 
 voters. On each day of said registration the registers shall 
 revise the list of registered voters made at their last regular 
 sitting, by adding the names of those persons who are entitled 
 to registration at that time, and striking from said registration 
 lists the names of those persons who have died or become 
 disqualified since the said last sitting, and the registration lists 
 used at the preceding November election, after being revised 
 as herein directed, shall be used at the municipal election in 
 May. 
 
 18. In case of vacancy in the office of Mayor, by death, 
 resignation or permanent disqualification, the President of the 
 Second Branch of the City Council shall be Mayor for the resi- 
 due of the term for which said Mayor was elected. 
 
 19. In case of sickness or necessary absence of the Mayor, 
 the President of the Second Branch of the City Council shall 
 be ex officio Mayor of the City during the continuance of said 
 sickness or necessary absence. 
 
 20. The term of the Mayor shall commence on the Tues- 
 day next after the third Monday of May succeeding his elec- 
 tion, and continue for four years, and until his successor shall 
 be elected and qualified, and he shall receive a salary of six 
 thousand dollars per annum, payable monthly. He may 
 appoint such persons to aid him in the discharge of his duties 
 as may be prescribed by ordinance. 
 
 21. The Mayor, by virtue of his office, shaU have all the 
 jurisdiction and power, as a conservator of the peace, of a 
 Justice of the Peace, and may call upon any ofiicer of the City 
 entrusted with the receipt or expenditure of public money, for 
 a statement of his account as often as he may think necessary, 
 and may at any time by expert accountants and bookkeepers 
 
 3
 
 34 
 
 examine the books and accounts of any " department, sub- 
 department, municipal board, officer, assistant, clerk, subordi- 
 nate or employee. 
 
 22. The Mayor shall see that the ordinances and resolu- 
 tions are duly and faithfully executed, and shall report to the 
 City Council, as soon as practicable after the lirst day of Jan- 
 uary in each year, the general state of the City, with an 
 accurate account of the money received and expended, to be 
 published for the information of the citizens. He shall have 
 general supervision over all departments, sub-departments, 
 municipal officers not embraced in a department and special 
 commissioners or boards. 
 
 23. All ordinances or resolutions duly passed by the City 
 Council, after being properly certified by the Presidents of the 
 First and Second Branches of the City Council as having been 
 so passed, shall be delivered by the Clerk of the Branch in 
 which the same originated, to the Mayor for his approval, and 
 there shall be noted on said ordinances or resolutions the date 
 of said delivery ; and, when approved by him, they shall 
 become ordinances or resolutions of the Mayor and City 
 Council of Baltimore. If the Mayor shall not approve of any 
 ordinance or resolution so passed by the City Council he shall 
 return the same with his objections in writing to the Branch 
 in which the said ordinance or resolution originated, within five 
 days of actual regular sittings of said Branch, excluding special 
 sittings called by the Mayor, occurring after such delivery of 
 said ordinance or resolution to him, which objections, upon 
 receipt of the same by said Branch, shall be forthwith read to 
 such Branch and entered at large on its Journal ; and such 
 Branch shall, after five days and within ten days after such 
 ordinance or resolution shall have been returned to it by the 
 Mayor, proceed to reconsider and vote upon the same. If such 
 ordinance or resolution shall, after reconsideration, be again 
 passed by three-fourths of all the members elected to said 
 Branch it shall be forthwith sent, with the objections of the 
 Mayor, to the other Branch, and after five days and within ten 
 days, after it is so sent, it shall likewise be reconsidered and 
 voted upon also by said other Branch, and if passed by a vote 
 of three-fourths of all the members elected to said other 
 Branch it shall be and become, to all intents and purposes, an 
 ordinance or resolution of the Mayor and City Council of 
 Baltimore. In such cases, after said reconsideration, the votes
 
 35 
 
 on the question of the passage of such ordinance or resohition 
 over the veto of the Mayor shall be determined bj yeas and 
 nays, and the names of the persons voting for and against the 
 passage of said ordinance or resolution over the veto of the 
 Mayor shall be entered on the respective Journals of each 
 Branch of the City Council. If any ordinance or resolution 
 duly passed by the City Council shall not be returned by the 
 Mayor to the Branch of the City Council in which the same 
 originated within five days of its actual regular sittings, 
 excluding special sittings called by the Mayor, after it shall 
 have been delivered to him, the same shall become an ordinance 
 or resolution of the Mayor and City Council of Baltimore in 
 the same manner as if the Mayor had approved it, unless the 
 City Council by an adjournment suie die, or for a period exceed- 
 ing one month, shall prevent its return. In case an ordinance 
 or resolution duly passed by the City Council shall embrace 
 different items of appropriation, the Mayor may approve the 
 provisions thereof relating to one or more items of appropria- 
 tion and disapprove tiie others, and in such case those he shall 
 approve shall become effective and those which he shall 
 not approve shall be reconsidered in manner and form as 
 hereinbefore prescribed in this section, by both Branches of 
 the City Council, and shall become effective if again passed 
 over the veto of the Mayor by the vote as above pre- 
 scribed for the passage over the veto of the Mayor of entire 
 ordinances or resolutions. The mode and manner of procedure 
 of both Branches of the City Council and of the Mayor in the 
 matter of the veto of one or more distinct items of appropria- 
 tion in any ordinance or resolution shall be the same as the 
 mode and manner of procedure prescribed in this section for 
 the passage of an entire ordinance or resolution over the veto 
 of the Mayor. 
 
 24. The Mayor shall summon all the heads of departments 
 to a conference on municipal matters at least once in each fiscal 
 year, and oftener, if he thinks the public interests will be 
 promoted thereby, and every head of department shall report 
 to him, orally or in writing, as he may prefer, once in every 
 month. 
 
 25. The Mayor shall have the sole power of appointment of 
 all heads of departments, heads of sub-departments, municipal 
 ofiicers not embraced in a department and all special commis- 
 sioners or boards, except as othewise provided in this Article,
 
 36 
 
 subject to confirmation by a majority vote of all the menbers 
 elected to the Second Branch of the City Council ; provided, 
 said Second Branch shall take action on such nomination 
 within the first three regular succeeding sittings of said Branch 
 after said nominations are sent to it by the Mayor. If the 
 Branch fails to take such action within said time, then the 
 person or persons so nominated shall be to all intents and 
 purposes such officer or officers as if they had been confirmed 
 by said Second Branch. If said Second Branch shall, by the 
 required vote and in the prescribed time, refuse to confirm 
 such nominations, the Mayor shall, within the next three regu- 
 lar succeeding sittings of said Branch, send to it other name 
 or names for such office or offices, and the duties of said 
 Second Branch and the Mayor shall continue to be as above 
 prescribed until a confirmation is had or a fnilure to act for 
 three regular succeeding sittings by the said Second Branch 
 occurs. The Mayor shall have the power to remove at pleasure, 
 during the first six months of their respective terms, the heads 
 of all departments or members thereof, heads of sub-depart- 
 ments, or members thereof, municipal officers not embraced in 
 a department and special commissions or boards, or members 
 thereof, appointed by him, but after six months the Mayor 
 shall only remove said officials for cause, after charges preferred 
 against them, notice given and trial had Vjefore the Mayor. 
 The terms of all municipal officials appointed by the Mayor 
 shall }je four years, unless (otherwise provided for 'in this Article. 
 All municipal officials who are appointed by the Mayor shall 
 be appointed in the montli of September succeeding his 
 election, and enter into their respective offices on the first 
 Monday in October, immediately following their respective 
 ^ appointments, or as soon thereafter as their appointments 
 have been confirmed, as above provided, if appointed or 
 confirmed subsequent thereto ; but the Mayor first chosen 
 under this Article shall appoint said officials in the month of 
 February succeeding his election, subject to confirmation by 
 the Second Branch of the City Council, and they shall enter 
 upon their duties on the succeeding first *of March, and shall 
 hold office until their successors under the provisions of this 
 Article are appointed and qualified, unless sooner removed 
 under the provisions of this Article. All municipal officials, 
 boards and commissioners in office under the Mayor and City 
 Council of Baltimore, upon the date of the passage of this 
 Article, unless otherwise provided in this Article, shall hold 
 their respective offices under existing laws and ordinances, the
 
 37 
 
 same as if this Article had not been passed, until their succes- 
 sors are appointed, as provided in this section, in February 
 nineteen hundred ; they shall be subject to removal, as pro- 
 vided in said laws and ordinances, and all vacancies occurring 
 in said offices shall be filled as now provided for in said exist- 
 ing laws and ordinances ; said municipal officials, boards and 
 commissioners shall perform the duties respectively now pre- 
 scribed by existing laws and ordinances which are not incon- 
 sistent with the provisions of this Article, and they shall also 
 perform such additional duties as may be required to be per- 
 formed by such officers in this Article. The Mayor first 
 elected under the provisions of this Article, shall organize the 
 municipal government of Baltimore City, as provided for in 
 said Article, and appoint the heads of departments, sub- 
 departments, municipal officers, boards and commissions pro- 
 vided for therein, m the month of February, nineteen hundred. 
 All persons appointed by the Mayor, as well as those munic- 
 ipal officials elected by the people or by the joint con- 
 vention of the City Council, shall, before entering upon the 
 discharge of their respective duties, qualify by taking before 
 the Mayor an oath to faithfully perform the duties of their 
 respective offices, and that they will support the Laws and Con- 
 stitutions of the United States and of the State of Maryland. 
 A test book shall be kept by the Mayor, which shall be signed 
 at the time of taking the oath aforesaid by said officials, and 
 after the qualification aforesaid, the Mayor shall issue to the 
 said officials a commission signed by himself with the corpo- 
 rate seal attached. All vacancies occurring in anj^ of the offices 
 which the Mayor is empowered to fill, during the recess of the 
 Second Branch, unless otherwise provided in this Article, shall 
 be filled by the Mayor until the next regular meeting of the 
 Second Branch, at which meeting the Mayor shall present the 
 name of a person for confirmation to fill said vacancy, and the 
 mode and manner of procedure in such a case shall be the 
 same as provided for in this section for other appointments by 
 the Mayor and confirmation by the Second Branch. 
 
 26. No person shall at any time hold more than one office 
 yielding pecuniary compensation under the Mayor and City 
 Council of Baltimore. All municipal officials, except females, 
 shall be registered voters of the City of Baltimore. 
 
 27. All heads of departments, heads of sub-departments, 
 municipal officers not embraced in a department, or special 
 
 210S5 6
 
 88 
 
 commissions or boards, provided for in this Article, shall hold 
 their offices until their successors are appointed or elected and 
 qualified. 
 
 28. The heads of departments, heads of sub-departments^ 
 municipal officers not embraced in a department, and all special 
 commissions or boards shall have the sole power of appoint- 
 ment and removal at pleasure of all deputies, assistants, clerks 
 and subordinate employees employed by them, unless other- 
 wise provided in this Article. 
 
 29. All heads of departments shall have the privilege of 
 the floor in the First Branch of the City Council at its sittings, 
 and shall be entitled to participate in the discussion of matters 
 relating to their respective departments, but shall have no vote. 
 When the head of a department is a Board, or composed of 
 more than one person, the President thereof shall be entitled 
 to the privilege provided for in this section. 
 
 30. The Mayor, in appointing all heads of departments,, 
 sub-departments, boards and commissions or members of any 
 such, composed of more than one person, shall appoint a 
 minority of the members of each of such bodies of persons 
 from a different political party from those forming the majority 
 of said departments, sub-departments, boards and commissions 
 or members of any such, and in ascertaining the political party 
 from which such minority representatives shall be taken, he 
 shall select from that party which cast the next highest vote at 
 the preceding election. 
 
 EXECUTIVE DEPAETMENT. 
 
 31. The executive power of the Mayor and City Council of 
 Baltimore shall be vested in the Mayor, the departments, sub- 
 departments, municipal officers not embraced in a depai'tment 
 herein provided for, and such special commissioners or boards 
 as may hereafter be provided for by laws, or ordinances not 
 inconsistent with this Article. All municipal officials, unless 
 otherwise provided for by laws or ordinances, shall give bond 
 to the City for the faithful discharge of their duties, to be 
 approved by the Mayor, and in such penalties as may be pre- 
 scribed by laws or ordinances. The Mayor shall be the chief 
 executive officer of the City, and in addition to the following 
 administrative departments, sub-departments, and municipal
 
 39 
 
 officers not embraced in a department, tliere shall be such 
 assistants, clerks and employees to said departments, sub-^ 
 departments and municipal officers as may be prescribed by 
 ordinances not inconsistent with this Article not herein other- 
 wise provided for. The several heads of departments, heads 
 of sub-departments, municipal officers not embraced in a depart- 
 ment, and special commissioners or boards, shall have the power 
 to pass such rules and regulations, not inconsistent with the 
 laws or ordinances, for the government of their respective 
 departments as they may deem right and proper. All heads of 
 departments composed of Boards shall hold at least one meet- 
 ing every month for the jjurpose of consultation and advice, 
 and in order to become familiar with the business and the 
 mode of conducting the same, of the sub-departments of their 
 respective departments. A record of all the proceedings and 
 official acts of heads of departments and sub-departments, 
 municipal officials and commissioners shall be kept in a well- 
 bound book, and a certified copy of said record or any part 
 thereof under the corporate seal of the City shall be admissibl-e 
 in evidence in any Court of this State as proof of such record 
 or part thereof. 
 
 The said executive departments shall be as follows : 
 
 I. — Department of Finance, 
 With the following Sub-Departments : 
 
 1. Comptroller. 
 
 2. Cit}^ Register. 
 
 3. Board of Estimates. 
 
 4. Commissioners of Finance. 
 
 5. City Collector. 
 
 6. Collector of Water Rents and Licenses. 
 
 II. — Department of Laiv, 
 Composed of 
 
 City Solicitor. 
 
 III. — Department of Fiiblic Safety, 
 With the following Sub-Departments : 
 
 1. Board of Fire Commissioners. 
 
 2. Commissioner of Health. 
 
 3. Inspector of Buildings. 
 
 4. Commissioner of Street Cleaning.
 
 40 
 
 rV. — Department of PuhUc Improvements, 
 With the following Sub-Departments : 
 
 1. City Engineer. 
 
 2. Water Board. 
 
 3. Harbor Board. 
 
 4. Inspector of Buildings. 
 
 V. — Department of Parhs and Squares, 
 
 Composed of 
 
 Board of Park Commissioners. 
 
 yi. — Department of Education, 
 
 Composed of 
 
 Board of School Commissioners. 
 
 Vn. — Department of Charities and Corrections, 
 
 With the following Sub-Departments : 
 
 1. Supervisors of City Charities. 
 
 2. Visitors to the Jail. 
 
 Vm. — Department of Review and Assessment, 
 
 With the following Sub-Departments : 
 
 1. Appeal Tax Court. 
 
 2. Commissioners for Opening Streets. 
 
 IX. — Division Embracing Municipal Officers Not Included in 
 
 Any Department. 
 
 1. City Librarian. 
 
 2. Art Commission. 
 
 3. Superintendent of Lamps and Lighting. 
 
 4. Surveyor. 
 
 5. Constables. 
 
 6. Superintendent of Public Buildings. 
 
 7. Public Printer. 
 
 Department of Finance. 
 
 32. There shall be a Department of Finance of the Mayor 
 and City Council of Baltimore, which shall consist of the
 
 41 
 
 Comptroller, City Eegister, Board of Estimates, Commisr 
 sioners of Finance, City Collector and Collector of Water 
 Eents and Licenses. The head of said Department shall con- 
 sist of a Board of Finance composed of the Comptroller, City 
 Eegister, President of the Board of Estimates, President of 
 the Commissioners of Finance, City Collector and Collector of 
 Water Eents and Licenses. This Board shall be for consulta- 
 tion and advice, and it shall have no power to direct or control 
 the duties or the work of any sub-department. It sliall per-^ 
 form such other duties as may be prescribed by ordinances not 
 inconsistent with this Article. The Comptroller shall be the 
 President of said Board. The fiscal year of the Mayor and 
 City Council of Baltimore shall begin on the first day of Jan-r 
 uary and end on the thirty-first day of December in every year. 
 
 33. The Comptroller shall be elected by the inhabitants of 
 the City of Baltimore qualified to vote for Mayor on the Tues- 
 day next after the first Monday in May, in the year eighteen 
 hundred and ninety-nine, and on the same day and month in 
 every fourth year thereafter. He shall be a person possessing 
 the same qualifications as herein perscribed for Mayor. The 
 term of the Comptroller shall commence on the Tuesday next 
 after the third Monday in May in the year eighteen hundred 
 and ninety-nine, and continue for four years, and until his suc- 
 cessor is elected and qualified, and he shall receive a salary of 
 three thousand five hundred dollars per annum, payable monthly. 
 
 34. The Comptroller shall be the head of the first sub-depart- 
 ment of Finance, and he shall appoint a Deputy Comptroller 
 and such clerks as may be provided for by ordinance, including 
 one to be known as the Audit Clerk, an another for the collec- 
 tion of harbor and wharf rents, to be known as Harbor Master, 
 with such assistants to him as may be provided for by ordinance, 
 and another for the collection of fees for the inspection of 
 weights and measures, to be known as the Lispector of W^eight« 
 and Measures, with such assistants to him as may be provided 
 for by ordinance, and another to be known as Market Master, 
 with such assistants to him as may be provided by ordinance. 
 The salary of such Deputy, assistants and clerks shall be fixed 
 by ordinances. All of such appointees shall be subject to the 
 written approval of the Mayor. The Comptroller shall have 
 general supervision over the financial matters of the City, and 
 shall have oversight of all sub-departments in this department.
 
 42 
 
 No claim, account or demand against the City of any kind 
 whatsoever shall be paid unless first audited and approved by 
 the Comptroller. All moneys collected for the use of the City 
 by any municipal official, unless otherwise provided in this 
 Article, shall be turned over to the Comptroller and by him 
 deposited with the City Register. He shall perform such other 
 duties as may be prescribed by ordinances, not inconsistent 
 with this Article. In case of temporary absence or disqualifi- 
 cation of the Comptroller, or a vacancy occurring in said oflice 
 from any cause, the Deputy Comptroller shall, during such 
 absence or disqualification or vacancy from any cause, act as 
 Comptroller. The Second Branch of the City Council, by a 
 majority vote of all the elected members to said Branch, may 
 remove the Comptroller from ofiice for incompetency, wilful 
 neglect of duty or misdemeanor in office, upon charges preferred 
 by the Mayor, and after notice of such charges is given to the 
 Comptroller and an opportunity aff"orded him to be heard by 
 said Branch. 
 
 35. The City Register shall be the head of the second sub- 
 department of Finance, and he shall be the register of the 
 public debt, and also the custodian of all moneys belonging to 
 the Mayor and City Council of Baltimore. He shall be appointed 
 by a joint convention of the two Branches of the City Council 
 on the Tuesday next after the fourth Monday of May, in the 
 year eighteen hundred and ninety-nine, and on the same day 
 and month in every fourth year thereafter. His salarj' shall 
 be three thousand and three hundred dollars per annum pay- 
 able monthly, in addition to three hundred dollars for services 
 rendered the State, as provided for in section 93 of Article 81, 
 Code of Public General Laws. He shall be removable at the 
 pleasure of the convention of the said two Branches. The City 
 Register shall take under his charge and keeping the corporate 
 seal of the City, and use it in all cases which are now or may 
 be hereafter required by Federal or State !aws, ordinances, or 
 the uses and customs of nations, and shall charge a fee of two 
 dollars for each impression of the seal except such as shall be 
 affixed to or impressed upon documents for the Mayor and 
 City Council or used in connection with the affiiirs of the City. 
 He sliall pay to the Comptroller, for the use of the Mayor and 
 City Council of Baltimore, all fees so received by him. He 
 shall have power to appoint a Deputy Register, with a salary 
 of eighteen hundred dollars per annum, payable monthly, and 
 such other clerical assistants as may be prescribed by ordi-
 
 43 
 
 nance not inconsistent with this Article. In case of a vacancy 
 occurring in the office of City Register by removal or other- 
 wise, the joint convention of the two Branches of the City 
 Council shall forthwith fill said vacancy. He shall perform 
 such other duties as may be prescribed by ordinance not 
 inconsistent with this Article ; jJf'ovided, the present incumbent 
 of the office of the City Register shall hold his office uutil the 
 expiration of his term, as now provided under existing laws 
 and ordinances, and should a vacancy occur in said office, a 
 successor shall be appointed by a joint convention of the City 
 Council for the balance of said term. 
 
 36. The Board of Estimates shall be the head of the third 
 sub-department of Finance, and shall consist of the Mayor, City 
 Solicitor, Comptroller, President of the Second Branch City 
 Council and President of the Board of Public Improvements. 
 The first meeting of said board in every year shall be called by 
 notice from the Mayor or President of the Second Branch of 
 the City Council, personally served upon members of the said 
 Board. Subsequent meetings shall be called as the said Board 
 may direct. The President of the Second Branch shall be 
 President of said Board, and one of the number shall act as 
 Secretary, and said Board may employ such clerks as may be 
 necessary to discharge its duties, their number and compen- 
 sation shall be fixed by ordinance. The said Board shall have 
 power at any time to summon before it the heads of the depart- 
 ments and siib-departments, and all municipal officers and 
 special commissions or boards. The said Board shall annually, 
 between the first day of October and the first day of November, 
 meet, and by an affirmative vote of a majority of all the 
 members make out the following three lists of moneys to be 
 appropriated l)y the City Council for the next ensuing fiscal 
 year. 
 
 First — A list, to be known as the "Departmental Estimates," 
 of the amounts estimated to be recpiired to pay the expenses 
 of conducting the public business for the next ensuing fiscal 
 year, including tlie expenditures by the City Council for the 
 salaries of its members, officers and expenses ; said list shall 
 be prepared in such detail, as to the aggregate sum and the 
 items thereof allowed to the two Branches of the City Council, 
 each department, sub-department, municipal officer not em- 
 braced in a department and special commissions or boards, as 
 the said Board shall deem advisable. In order to enable said
 
 44 
 
 Board to make such list, the Presidents of the two Branches 
 of the City Council, the heads of departments, heads of sub- 
 departments, municipal officers not embraced in a department, 
 and special commissions or boards, shall, at least thirty days 
 before the said list is hereby required to be made, send to the 
 said Board, in writing, estimates of the amounts needed for 
 the conduct, respectively, of the City Council, departments, 
 sub-departments, municipal offices not embraced in a depart- 
 ment, commissions or boards for the next ensuing fiscal year. 
 Such estimates shall be verified by the oath or affirmation of 
 the persons making them ; and a wilfully false statement made 
 in a material matter contained in said estimates so made to 
 said Board shall be perjury. The said estimates shall specify, 
 in detail, the objects thereof, and the items required for the 
 expenses of the City Council, and the respective departments, 
 sub-departments, municipal offices not embraced in a depart- 
 ment, and special commissions or boards, as aforesaid, includ- 
 ing a statement of each of the salaries of the members of the 
 City Council and its officers and clerks, and the salaries of the 
 deputies, assistants, clerks, employees and subordinates in 
 each department, sub-department, municipal office or special 
 commission or board. 
 
 Second — A list containing all amounts to be appropriated 
 by the City Council for new improvements to be constructed 
 by any department of the City during the next ensuing fiscal 
 year, said list to be known as the "Estimates for New Improve- 
 ments." Heads of departments, heads of sub-departments, 
 municipal officers not embraced in a department, and special 
 commissions or boards shall, in writing, thirty days before the 
 time required to make such list by said Board, file with said 
 Board their recommendations as to the amounts which they 
 may consider will be needed in their respective departments 
 for new improvements during the next ensuing fiscal year. 
 
 Third — A list containing all amounts which by previous 
 laws, ordinances or contracts are required to be annually appro- 
 priated to charities, educational, benevolent or reformatory 
 institutions by the City, as well as all other sums, if any, which 
 may be required by laws or ordinances to be appropriated for 
 other purposes, not embraced in the preceding lists. This list 
 shall be known as the "Estimates for Annual Appropriations." 
 The purpose and object of this provision is, that said three lists 
 shall embrace all moneys to be expended for the next ensuing
 
 45 
 
 fiscal year for all purposes, by the City. After said three lists 
 have been prepared, the Board of Estimates shall cause to be 
 prepared a draft of an ordinance, to ])e submitted to tlie City 
 Council, providing appropriations sufficient to meet the 
 amounts called for by said three lists ; and the said Board 
 shall cause a copy of said proposed ordinance, certified l\v the 
 signatures of a majority of them, to be forthwith published in 
 two daily newspapers in Baltimore City, for two successive 
 days, and shall, immediately after said publication, transmit a 
 copy of the draft of the said proposed ordinance to the Presi- 
 dent of each Branch of the City Council, whereupon a special 
 meeting of the City Council shall be forthwith called by the 
 Mayor, to consider such proposed ordinance. It shall be the 
 duty of the two Branches of the City Council, when so 
 assembled, to consider and investigate the estimates contained 
 in said proposed ordinance, and to hold daily sessions for its 
 consideration until said ordinance is passed. The two Branches 
 of the City Council, by a majority vote of all the members 
 elected to each Branch, may reduce the said amounts fixed by 
 the said Board in said proposed ordinance, except such items 
 thereof as are now or may hereafter be fixed by law, and 
 except such items as may be inserted by said Board to pay 
 State taxes, and to pay the interest and princijDal of the muni- 
 cipal debt. The City Council shall not have the power to 
 increase the amounts fixed by the Board, nor insert any new 
 items in the proposed ordinance. When said j)i'oposed ordi- 
 nance, embracing said estimates, shall have been duly passed 
 by both Branches of the City Council and approved by the 
 Mayor, it shall be known as the "Ordinance of Estimates for 
 
 the Year ," and said several sums shall be and become 
 
 appropriated, after the beginning of the next ensuing fiscal year, 
 for the several purposes therein named, to be used by the City 
 Council, departments, sub-departments, municipal officers not 
 embraced in a department, and special commissions or boards 
 therein named, and for no other purpose or uses whatever. 
 The City Council shall not have the power, by any other or 
 subsequent ordinance or resolution, to enlarge any item con- 
 tained in said ordinance after the same is duly passed. Nor 
 shall the City Council, by any subsequent ordinance or other- 
 wise, appropriate any sums of money to be used for the 
 next ensuing fiscal year, for any of the purposes embraced in 
 said ordinance of estimates. No ap]3ropriation provided for 
 in said ordinance shall be diverted or used under any ciccum- 
 stances, for any other purpose than that named in said ordi- 
 nance, nor shall the Comptroller draw any warrant for any of
 
 46 
 
 -fche items in said ordinance of estimates, unless he lias received 
 said amounts, and they are actually to the credit of the City 
 Council and such department, sub-department, officers, com- 
 missions or boards. No temporary loan shall be authorized 
 or made to pay any deficiency arising from a failure to realize 
 sufficient income from revenue and taxation to meet the 
 amounts provided for in said ordinance of estimates, but the 
 City may temporarily borrow money for its use in anticipation 
 of the receipts of taxes levied for any year. In case of any 
 such deficiency, there shall be a pro rata abatement of all 
 appropriations, except those for the payment of State taxes 
 and the jDrincipal and interest of the City debt, and such 
 amounts as are fixed by law and contained in said ordinance, 
 and in case of any surplus arising in any fiscal year, by reason 
 of an excess of income received from the estimated revenue 
 over the expenditures for such year, the said surplus shall be 
 passed to the Commissioners of Finance to be credited to the 
 general sinking fund. Until the organization of the said Board 
 of Estimates by the Mayor first elected under the provisions 
 of this Ai'ticle, as provided in section 25 of said Article, the 
 Mayor, Comptroller, City Register and City Solicitor shall 
 compose a Board to perform all the duties required of the 
 Board of Estimates by the provisions of this Article. 
 
 37. Before any grant shall be made by the Mayor and City 
 Council of Baltimore, of the franchise or right to use any 
 street, avenue, alley or highway, or the grant of the franchise 
 or right for the use of any public property mentioned in 
 Section 7 of this Article, the proposed specific grant, with the 
 exceptions hereafter in this Section made, shall be embodied 
 in the form of an ordinance, with all the terms and conditions 
 required by the provisions of this Article, and such others as 
 may be right and proper, including a provsion as to the rates, 
 fares, and charges, if the grant provides for the charging of 
 rates, fares and charges, and a provision that the franchise or 
 right shall l)e executed and enjoj'ed six months after the grant. 
 The said ordinance shall, after having been introduced in 
 either Branch of the City Council, and after the first reading, 
 be referred forthwith by the Branch in which the same is 
 offered to the Board of Estimates. The said Board shall make 
 diligent inquiry as to the money value of said franchise or 
 right proposed to be granted, and the adequacy of the proposed 
 compensation to be paid therefor to the City as ofiered in the 
 ordinance already introduced, and the propriety of the terms
 
 47 
 
 and conditions of said ordinance, and said Board is empowered 
 to increase the compensation to be paid therefor to the City, 
 and alter the terms and conditions of said ordinance, provided 
 such alterations are not inconsistent with the requirement and 
 provisions of this Article, and it shall be the duty of said Board 
 to fix in said ordinance the said compensation at the largest 
 amount it may be able by advertisement or otherwise to obtain 
 for said franchise or right, and no grant thereof by the City 
 Council shall be made except for the compensation and on the 
 terms approved by a vote or resolution of the said Board, 
 entered on the minutes or records of such Board, and attached 
 to said ordinance, with the signatures of a majority of said 
 Board signed to the same. The provisions of this Section shall 
 apply to the renewal or extension of any franchise or right 
 relating to the use of any of the public property mentioned in 
 Section 7 of this Article now existing, oj' which may hereafter 
 be granted to any person or body corporate. Provided, that 
 the right to use the streets, avenues, alleys, or other pul)lic 
 property, by any person or body corporate for bow or bay 
 windows, hitching posts, area-ways, steps, planting of trees, 
 storm doors, drain and drain pipes, stands or other such tem- 
 porary or similar uses, may be granted by the Board of Esti- 
 mates for such an amount of money and upon such terms and 
 conditions, as the said Board may consider right and proper. 
 Before said Board shall grant any such right, the person or 
 body corporate seeking the same shall tile before said Board in 
 writing an application for such use, and in said application the 
 use desired shall be stated, and what the applicant is willing to 
 pay for the same must be given, and such person or body cor- 
 porate shall only enjoy such use on the payment of the amount 
 of money named by said Board, and on the terms and condi- 
 tions, said 'Board shall prescribe in writing, and no ordinance 
 or advertisement shall be necessary or made in such cases as 
 are named in tlie proviso of this Section. Provided, however, 
 that copies of said applications be served upon the adjoining 
 property owners by said applicant before filing said application 
 before said Board. 
 
 38. There shall be included annually in the ordinance of 
 estimates the sum of fifty thousand dollars to be used as a 
 contingent fund by the Board of Estimates, in case of an emer- 
 gency or necessity for the expenditure of money above the 
 appropriati(ms regularly passed for any department, sub-de- 
 partment, municipal officer not embraced in a department, or
 
 48 
 
 special commission or board, in the interval between the annual 
 appropriations as herein provided for. As soon as practicable 
 after tlie expenditure of any part of said contingent fund, the 
 said Board shall report to the City Council all the circumstances 
 attending said expenditure, and the necessity for the same, 
 and the reasons assigned by the department, sub-department, 
 municipal officer not embraced in a department, or special 
 commission or board, applying for and receiving the same. 
 The City Council shall not have the power to increase or 
 decrease, or strike out, said amount from the said ordinance 
 of estimates. 
 
 39. The Mayor and City Council of Baltimore shall appro- 
 priate no money out of the Treasury of the City for the pay- 
 ment of any private claim against the City, unless such claim 
 shall have first been presented to the Board of Estimates, 
 together with the proofs upon which the same is founded, and 
 reported favorably by said Board. 
 
 40. The Board of Estimates shall, on the first day of 
 October, or as soon thereafter as practicable, in the year eigh- 
 teen hundred and ninety- eight and in each succeeding year, 
 procure from the proper municipal department and shall send, 
 with the said ordinance of estimates, to both Branches of the 
 City Council, a report showing the taxable basis for the next 
 ensuing fiscal year, and the amount which can reasonably be 
 expected to be realized by taxation for said year. The report 
 shall contain an aggregate statement of all the moneys to be 
 expended during the next ensuing fiscal year by the City, as 
 set forth in said ordinance of estimates, as well as of any other 
 sums, if such there be, which the City may be required to 
 expend during the said year for any purpose or purposes not 
 included in the ordinance of estimates, and it shall also state the 
 .total income which can reasonably be expected to be received 
 by the City for the next ensuing fiscal year, from licenses, fees, 
 rents and all other charges, including the amount believed to 
 be collectible from taxes in arrears. The report shall show the 
 difference between such anticipated expenditures and receipts 
 of the City, and shall state a rate for the levy of taxes sufficient 
 to realize the amount required to meet the said difterence. In 
 the ordinance making the annual levy of taxes, which ordi- 
 nance shall be passed by the Mayor and City Council of Balti- 
 more in the month of November in each year, and as soon as 
 practicable after the passage of the ordinance of estimates, the
 
 49 
 
 Mayor and City Council of Baltimore shall fix a rate of taxa- 
 tion not less than the rate stated in the aforesaid report; so 
 that it shall not be necessary at any time for the City, its 
 officers or agents, to create a floating debt to meet any defi- 
 ciency, and it shall not be lawful for the City, its officers or 
 agents, to create a floating debt for any such purpose. The 
 taxes levied under said ordinance in the month of November 
 in each year shall be the taxes to be collected for the fiscal 
 year next ensuing after the said month of Novemlier, and may 
 be paid to the City Collector on or after the first day of 
 January next ensuing said levy. The taxes included in said 
 levy on real estate or chattels real shall be in arrears on the 
 first day of July next ensuing the date of their levy, and the 
 taxes included in said levy on all forms of personal property 
 shall be in arrears on the first day of May next ensuing the 
 date of their levy, and the taxes on both forms of said prop- 
 erty after they become in arrears as aforesaid shall bear 
 interest at the rate of six per centum per annum. 
 
 41. The Commissioners of Finance shall be the head of the 
 fourth sub-department of Finance, and shall be a Board 
 composed of the Mayor, Comptroller, Begister and two 
 persons appointed by the Mayor in the mode prescribed in 
 section 25 of this Article, and who shall hold their offices as 
 therein provided. Both of said two last-named persons shall 
 serve without pay. The Mayor and Register shall sign all 
 obligations of the City and all City stock. One of the persons 
 appointed by the Mayor as aforesaid, and so designated, shall 
 be President of said Board. The Deputy Register shall act 
 as clerk to said Board and keep the accounts and a record of 
 proceedings of said Board, and for which service, in addition 
 to the salary of said Deputy Register herein provided, he shall 
 be paid a salary of five hundred dollars per annum, payable 
 monthly. This Board shall select the depository banks for 
 City funds. It shall authorize all temporary loans to be made 
 not inconsistent with this Ai'ticle. It shall have charge, 
 control and custody of all sinking funds of the Mayor and 
 City Council of Baltimore, and shall perform such other duties 
 as shall be prescribed by ordinances not inconsistent with this 
 Article. 
 
 42. The City Collector shall be the head of the fifth sub- 
 department of Finance, and shall be appointed by the Mayor 
 
 4
 
 50 
 
 ill the mode prescribed in section 25 of this Article, and hokl 
 his office as therein provided. He shall be paid for his 
 services in collecting City taxes the salary of two thousand 
 dollars per annum, payable monthly. He shall be the collector 
 of all taxes and assessments on real property levied or made 
 by the City. He shall in October in the year eighteen hundred 
 and ninety-eight and in each year thereafter, immediately upon 
 the receipt of the statement from the Appeal Tax Court, 
 showing the taxable basis for the next ensuing fiscal year, as 
 provided for in section 171 of this Article, begin the prepara- 
 tion of the tax bills on said basis, and after the levy of taxes 
 has been made he shall complete said bills and have them 
 ready for payment by the taxpayers on the first day of January 
 next ensuing said levy, or as soon thereafter as practicable. 
 He shall have such assistants, clerks and bailifi's as may be 
 fixed by ordinances, and who shall perform such duties as 
 shall be prescribed by ordinances not inconsistent with this 
 Article. 
 
 43. Whenever it shall become necessary to sell any part or 
 parcel of ground in the City of Baltimore, improved or unim- 
 proved, for the payment of any taxes or assessment, of any 
 nature or kind whatever, levied or charged, the City Collector 
 shall first give notice by advertisement published, once a week 
 for four successive weeks in two of the daily newspapers pub- 
 lished in said City, one of which shall be in the German 
 language, that he will sell said property at public auction on 
 the day in the said advertisement mentioned ; said notice shall 
 state the name of the person, when known, to whom such 
 parcel of ground is assessed, the amount of taxes due on the 
 same, and what im23rovements, if any, are on said parcel of 
 ground, and to properly describe said property the City 
 Surveyor shall actually survey and furnish to the City Collector 
 a description and plat of each lot so in arrear and the sum to 
 be paid for each survey, including the description and plat, 
 shall be three dollars and fifty cents, said sum to be added to 
 the tax bill and collected in the same manner as the bill itself. 
 The Collector shall, before advertising said property for sale, 
 give to the person or persons so in arrears, or to one of them 
 if more than one, or leave at his or her or their residence or 
 last known residence of one of them, and if no such residence 
 be known there shall be left upon the premises so to be sold 
 for taxes, a statement of his or her or their indebtedness, and 
 not less than thirty days' notice of his (said Collector's) inten-
 
 51 
 
 tioD if the bill is not paid to enforce the payment thereof bj 
 distraint or execution. 
 
 44. The City Collector shall require the purchaser of such 
 property on the day of sale, or the day next succeeding, to pay 
 on account of said purchase the amount assessed or taxed on 
 the lot so sold, together with all costs and charges, and no 
 more, and the residue of the purchase money shall remain on 
 a credit of one year and a day. 
 
 45. If the property so sold shall not be redeemed at the 
 expiration of a year and a day from the day of sale, the City 
 Collector shall, when required, and on payment of the full 
 amount of the purchase money, execute a deed for the same to 
 the purchaser, and the balance of the purchase money so 
 received by him shall be paid to the City Eegister. 
 
 46. If it shall appear that the owner of the said lot or 
 parcel of ground prior to the execution of the deed for the 
 same by the City Collector, cannot, after reasonable effort, be 
 found, or if said owner shall refuse to receive said balance of 
 money, then in either case the City Eegister shall invest the 
 same for the benefit of such owner in any public debt of the 
 State of Maryland or Mayor and City Council of Baltimore, 
 and shall safely keep the same, and from time to time collect 
 the interest due thereon, and invest for the benefit of such 
 owner the interest from time to time in the said stock, 
 
 47. When any lot or parcel of ground in the said City shall 
 be sold by reason of the non-payment of the tax or assessment 
 due thereon, the owner or other persons having an estate or 
 interest therein shall have power to redeem the same at any 
 time within one year and a day from the day of sale, on paying 
 or tendering in payment to the City Collector the whole amount 
 of money received by such City Collector from the sale of the 
 lot or parcel of ground to be redeemed, and a further sum 
 of one-half per cent, per month interest from the time of 
 sale to the time of such tender ; and the sums so paid shall be 
 by the City Collector delivered or tendered to the purchaser, 
 whose right in the property so purchased shall thenceforth 
 cease and determine.
 
 52 
 
 48. In all cases where lands held in fee simple or by lease 
 have been sold, or shall be sold for payment of taxes in arrears, 
 according to the provisions of existing laws, it shall be the duty 
 of the City Collector to report the said sale, together with 
 all the proceedings had in relation thereto to the Circuit Court 
 of said City. The court to which such report shall be made 
 shall examine the said proceedings, and if the same appear to 
 be regular, and the provisions of law in relation thereto have 
 been complied with, shall order notice to be given by advertise- 
 ment published in such newspapers as the court shall direct, 
 warning all persons interested in the property sold to be and 
 appear by a certain day in the said notice to be named, to show 
 cause, if any they have, why said sale should not be ratified and 
 confirmed ; and if no cause or an insufficient cause be shown 
 against the said ratification, the said sale shall, by order of said 
 court, be ratified and confirmed, and the purchaser shall, on 
 payment of the j^urchase money, have a good title to the prop- 
 erty sold ; but if good cause, in the judgment of the said court, 
 be shown in the premises, the said sale shall be set aside ; in 
 which case the said City Collector shall proceed to a new sale 
 of the property and bring the proceeds into court, out of which 
 the purchaser shall be repaid the purchase money paid by 
 him to the City Collector on said rejected sale, and all taxes 
 assessed on said real estate and paid by said purchaser since 
 said sale, and all costs and expenses properly incurred in the 
 said court, with interest on all such sums from the time of 
 payment; and if the purchaser has not paid the purchase 
 money or the subsequent taxes, to apply said proceeds to the 
 payment of the taxes for which said real property may have 
 been sold, and all subsequent taxes thereon then in arrears, 
 with interest on the same, according to law, and the costs of 
 the proceedings ; but such sales shall not be set aside if the 
 provisions of the law shall appear to have been substantially 
 complied with ; and the burden of proof shall be on the excep- 
 tant to show the same to be invalid under the law. 
 
 49. Whenever the City Collector shall have distrained or 
 levied upon any goods or chattels in said City for non-payment 
 of any taxes. State or municipal, due by the owner thereof, 
 before making sale of the property so distrained or levied 
 upon, said City Collector shall give notice by advertisement 
 published twice a week for one week prior to the day of sale, 
 and also on the day of sale, in three of the daily newspapers 
 published in said City, one of which shall be in the German
 
 53 
 
 language, that lie will sell for cash, at public auction, to the 
 highest bidder, on the day and at the time and place mentioned 
 in said advertisement, the property therein specified, unless 
 on or before the day of sale the entire amount of taxes for 
 which such distraint or levy shall have been made, with the 
 interest thereon, and costs of making said levy and advertise- 
 ment, shall be paid. 
 
 50. Every City Collector who shall sell any goods or 
 chattels levied or distrained upon for taxes. State or municipal, 
 in Baltimore City, after due advertisement, as required in the 
 preceding section, shall retain out of the proceeds of sale the 
 amount of taxes due from the delinquent, for which such levy 
 or distraint shall have been made, with the interest thereon, 
 and all costs incurred in making said sale, and shall pay over 
 the surplus, if any, to the owner of the property so levied 
 upon and sold. 
 
 51. The City Collector shall not be required to distrain for 
 any taxes assessed or levied upon real estate or personal prop- 
 erty, but he shall at least two weeks before the taxes become 
 payable give notice by advertisement in three daily papers 
 published in Baltimore City of the day on which all taxes for 
 the ensuing fiscal year become due ; and shall on the applica- 
 tion in person or by agent or by mail of any person to whom 
 property is assessed deliver or send by mail a bill showing the 
 amount of taxes due by such person two weeks before the day 
 on which such taxes shall by law be in arrear. He shall give 
 notice by advertisement in the same way that all taxes not jDaid 
 on or before that date will be in arrears, and that the property^ 
 on which said taxes are levied will then be subject to be sold 
 for taxes. And said notices shall further state that unless the 
 taxes so in arrear are paid within thirty days thereafter three 
 per cent, of the gross amount thereon shall be added to each 
 bill for taxes in arrear, and at the expiration of thirty days 
 from such notice, if the same be not then paid, three per 
 centum of the gi'oss amount of each bill for said taxes in 
 arrear shall be added thereto as a penalty and collected in the 
 same manner as the bill itself, said penalty to be paid to the 
 City Collector and by him to the City Register to the credit of 
 the Mayor and City Council; to provide for the expense of 
 collecting the taxes for the fiscal year 1900, the Mayor and 
 City Council may by ordinance appropriate the moneys so to 
 be paid to the Register in payment of the expenses for collect- 
 ing the taxes for that year.
 
 54 
 
 52. The Mayor shall appoint in the mode prescribed in 
 section 25 of this Article, and he shall hold his office as 
 therein jjrovided, one Collector for Baltimore Citj, for the col- 
 lection of all State taxes levied or to be levied for any year ; 
 and it shall not be lawful for the municipal authorities of 
 said City to provide any fixed annual or other stated compen- 
 sation for the collection of the State taxes, or a salary of any 
 kind, to the said Collector for his services in collecting the 
 State taxes, otherwise than by a per centum on the amount of 
 his collections, as prescribed in this Article. 
 
 53. The Collector of State Taxes in the City of Baltimore, 
 before he acts as such, shall give a bond to the State of Mary- 
 land in the penalty of seventy-five thousand dollars, to be 
 approved by the Governor, with the condition that if the above 
 
 bound shall well and faithfully execute his office, and 
 
 shall account to the State Comptroller for, and pay to the 
 Treasurer of the State, the several sums of money which he 
 shall receive for the State, or be answerable for by law% at such 
 times as the law shall direct, then such obligation to be void, 
 otherwise to remain in full force and virtue in law\ The said 
 Collector's bond, when approved by the proper authorities in 
 the City of Baltimore, shall be recorded in the office of the 
 Clerk of the Superior Court of Baltimore City, and when 
 approved by the Governor shall be filed in the office of the 
 State Comptroller. 
 
 54. The Collector of State Taxes in the City of Baltimore 
 shall make daily deposits of such sums of money as he shall 
 receive for State taxes collected by him, less the amount of 
 commission allowed him for the collection of the same, to the 
 credit of the Treasurer of the State of Maryland, in some 
 bank in said City which pays to the State the bonus or school 
 tax, as provided by law, to be designated by the said Treasurer, 
 and shall send to the Treasurer a statement of the amount so 
 deposited within the first ten days of each month, with a cer- 
 tificate of the bank that the same is so deposited; and on 
 failure to make such daily deposits and to send such certificate, 
 he shall, on proof thereof to the satisfaction of the Governor, 
 be liable to removal from office by the Governor, and the State 
 Comptroller shall immediately enter suit upon his bond. 
 
 55. The Treasurer of the State may make weekly examina- 
 tion of the books of the Collector of State Taxes in Baltimore 
 City, whose books shall always be open to such inspection.
 
 55 
 
 56. If there be no Collector of State Taxes qualified and 
 compensated in conformity with the provisions of this Article 
 in said City by the fifteenth day of October in any year, the 
 Governor shall appoint from any part of the State a Collector 
 for the said City, who shall give bond, with sureties to be 
 approved by the Governor, and be in all respects on a footing 
 with other State Collectors' bonds as provided in the Public 
 General Laws, Article 81, title " Revenue and Taxes," and the 
 said Collector shall have all the power of other Collectors. 
 
 57. The Mayor and City Council of Baltimore shall levy 
 upon the assessable property in the City of Baltimore such 
 commission as will in its judgment insure a speedy collection 
 of said State taxes, not exceeding two per centum on the 
 amount to be placed in the hands of said Collector of State 
 Taxes for Baltimore City ; said commission to be levied for 
 the use of said Collector, and to be collected as other charges 
 are collected. 
 
 58. The City Collector shall be the Collector of State 
 Taxes, and perform the duties as herein provided, unless 
 otherwise provided by ordinance of the Mayor and City 
 Council of Baltimore. 
 
 59. The Collector of Water Rents and Licenses shall be 
 the head of the sixth sub-Department of Finance, and shall be 
 appointed by the Mayor in the mode prescribed in Section 25 
 of this Article, and hold his office as therein provided. He 
 shall be paid the salary of two thousand five hundred dollars 
 per annum, payable monthly. He shall collect all water rents 
 and license fees, and all other dues, or revenues to which the 
 Mayor and City Council of Baltimore is or may be entitled 
 except otherwise provided in this Article, and he shall have 
 such assistants and clerks and shall perform such other duties 
 as shall be prescribed by ordinance not inconsistent with this 
 Article. All licenses imposed by ordinance shall be due and 
 collectible in the first week of January in each year, and it 
 shall be the duty of said Collector of Water Rents and 
 Licenses to see that said licenses are paid at that time. Pvo- 
 vided, that the Mayor and City Council of Baltimore may, if 
 the public service permits, assign the duties to be performed 
 by this Section to be performed by the Collector of Water 
 Rents and Licenses, to some other municipal official, and 
 when so done by ordinance this ofiice may be abolished.
 
 56 
 
 Depai 'tmei it of- Law. 
 
 60. There shall be a Department of Law of the Mayor and 
 City Council of Baltimore ; the head of said department shall 
 be the City Solicitor. 
 
 61. The City Solicitor shall be appointed by the Mayor in 
 the mode prescribed in section 25 of this Article, and hold his 
 office as therein provided. He shall be a member of the Balti- 
 more Bar, who has j^racticed his profession for not less than 
 ten years in Baltimore City, and he shall receive a salary of 
 four thousand dollars per annum, payable monthly. 
 
 62. The City Solicitor shall be the legal adviser of the 
 Mayor and City Council of Baltimore and its several depart- 
 ments, and special commissions or boards, and shall have 
 general supervision and direction of all legal business of the 
 City. He shall have charge of the j^reparation and trial of all 
 suits, actions and proceedings of every kind to which the City 
 shall be a party in any Court, local. State or Federal, and he 
 shall personally participate in the trial of all such suits in any 
 of the Federal Courts, and in the Court of Appeals of Mary- 
 land, and of all such suits in other Courts which the Mayor 
 may request him in writing to try, and shall discharge such 
 other duties as may from time to time be prescribed by ordi- 
 nances, not inconsistent with this Article. He shall appoint 
 in writing three assistants, to be known as the First, Second 
 and Third Assistant City Solicitors, all of whom shall be 
 members of the Baltimore Bar, and shall hold their respective 
 positions during the pleasure of the City Solicitor, at salaries, 
 payable monthly, of three thousand dollars per annum for the 
 First Assistant, and twenty-five hundred dollars per annum for 
 the Second Assistant, and eighteen hundred dollars per annum 
 for the Third Assistant. The City Solicitor is authorized to 
 assign to his assistants such duties in addition to those hereby 
 assigned to them as he shall deem most conducive to the 
 efficient discharge of the business of the Law Department. 
 The First Assistant shall aid the City Solicitor in the discharge 
 of his court duties, and shall try all cases in which the City 
 is interested in any court in the State of Maryland, and he 
 shall act as junior counsel to the City Solicitor in any court 
 in which his services may be required. He shall act as pros- 
 ecuting attorney on behalf of the City to assist the State's 
 Attorney in the prosecution of all violations of City ordinances,
 
 57 
 
 subject to the direction and control of the City Solicitor, and 
 shall perform such other duties as may be assigned to him by 
 the City Solicitor. The Second Assistant to the City Solicitor 
 shall have charge, subject to the control and direction of the 
 Citv Solicitor, of the examination of all titles on behalf of the 
 City, and shall discharge such other duties as may be assigned 
 to him by the City Solicitor. The Third Assistant to the City 
 Solicitor shall, subject to the control and direction of the City 
 Solicitor, try all cases in which the City is interested before 
 any Justice of tlie Peace, and in all cases in the City Court of 
 Appeals from Justices of the Peace. He shall file, subject to 
 the direction and control of the City Solicitor, all reports of 
 sales for taxes by the City Collector, and shall discharge such 
 other duties as may be assigned to him by the City Solicitor. 
 He shall have his office in the permanent offices of the Law- 
 Department, and shall remain there from 11 A. M. to 2 P. M. 
 daily, Sunday and legal holidays excepted, when not elsewhere 
 engaged on the business of the City, or unless temporarily 
 absent by leave of the City Solicitor. 
 
 63. The City Solicitor shall give advice and opinions in 
 writing upon any legal questions aflecting the interest of the 
 City which may be submitted to him in writing by the Mayor 
 or either Branch of the City Council, or any committee thereof, 
 or the head of any department, or a special commission or 
 board. All deeds, bonds, contracts and other legal instru- 
 ments involving the interest of the City or to be executed by 
 or passed to the Mayor or other officer of the City shall, before 
 they are executed or accepted, be submitted to the City Solici- 
 tor and have endorsed upon them his opinion as to their suffi- 
 ciency and their compliance in terms and conditions with the 
 laws or ordinances under which they are executed. It shall 
 be the duty of all officers and departments of the City to 
 submit all such bonds, contracts or other written instruments 
 to the City Solicitor for his approval before executing or 
 accepting the same. 
 
 64. The Law Department shall have its offices and head- 
 quarters in such rooms in the City Hall, or elsewhere, as the 
 Mayor may designate, to be provided and furnished at the 
 expense of the City, which shall be open on all business days 
 between the hours of 9 A. M. and 3 P. M. All papers and 
 documents relating to the legal business of the City shall be 
 permanently filed in said office.
 
 58 
 
 65. The City Solicitor is autliorized to employ, at a total 
 cost not exceeding twenty-five hundred dollars per annum, a 
 clerk, stenographer and typewriter, and such other assistants 
 as he may require, who shall at all times be subject to his 
 orders. The said clerk shall, subject to the direction of the 
 City Solicitor, have charge and custody of the office and 
 papers of the Law Department, which shall be arranged and 
 indexed by him in such convenient and orderly manner as to 
 be at all times readily accessible. He shall also keep in said 
 office a complete docket and duplicate pleadings of all suits, 
 actions or proceedings in which the City or any department or 
 official thereof is interested, pending in any court or tribunal, 
 upon which docket such appropriate entries shall be made as 
 to show at all times the condition of each one of such cases. 
 He shall also keep and record in a book to be provided for 
 that puprose, the original or duplicate copies of all written 
 opinions furnished by the Law Department to the City, 
 or to any department or official thereof, and also of all 
 abstracts of titles furnished to the City by the Law 
 Department. He shall also procure, as far* as possible, 
 all legal opinions and abstracts of title which have here- 
 tofore been furnished to the City, or any department or 
 official thereof, and shall file and arrange such opinions and 
 abstracts in such manner and order as to be at all times readily 
 accessible, and shall make and preserve an index thereof. He 
 shall also procure all law books heretofore purchased by the 
 City and in the possession of any law officer or ex-law officer 
 of the City, and arrange them in a proper bookcase. 
 
 66. The City Solicitor shall have authorit}', with the 
 written approval of the Mayor, to institute on behalf of the 
 Mayor and City Council of Baltimore, any suit, action or 
 proceeding in any court, or tribuiial, local, State or Federal. 
 All appeals on behalf of the City to the Court of Appeals, the 
 Supreme Court of the United States, the United States Circuit 
 Court of Appeals or to any other Court shall be taken upon 
 the written order of the City Solicitor, approved by the Mayor. 
 
 67. The City Solicitor and his Assistants shall be allowed 
 reasonal^le traveling expenses outside of the City, to be audited 
 by the Comptroller, when on business connected with the Law 
 Department.
 
 59 
 
 Department of Public Safety. 
 
 68. There shall be a Department of Public Safety of the- 
 Mayor and City Council of Baltimore, which shall consist of 
 the Board of Fire Commissioners, Commissioner of Health, 
 Inspector of Buildings and Commissioner of Street Cleaning, 
 and ex officio the President of the Board of Police Commis- 
 sioners. The head of said department shall consist of a 
 Board of Public Safety, composed of the President of the 
 Board of Fire Commissioners, who shall be President of said 
 Board, Commissioner of Health, Inspector of Buildings, Com- 
 missioner of Street Cleaning, and the President of the Board 
 of Police Commissioners. This Board shall be for consul- 
 tation and advice, and it shall have no power to direct or 
 control the duties or the work of any sub-department. It 
 shall perform such other duties as may be required of it by 
 ordinances not inconsistent with this Article. 
 
 69. The Board of Fire Commissioners shall be the head of 
 the first sub-department of Public Safety, and shall consist of 
 a Board of three persons appointed by the Mayor in the 
 manner prescribed in section 25 of this Article, and hold their 
 offices as therein provided, and they shall have control, regu- 
 lation and supervision of the Fire Department and matters 
 relating to the same, and shall perform such other duties as 
 may be required by ordinances not inconsistent with this 
 Article. One of said three persons shall be designated by the 
 Mayor as the President of said Board. Each member of said 
 Board shall be paid a salary of one thousand dollars per 
 annum, payable monthly. They shall have power to appoint 
 all subordinates in their sub-department, and fix their compen- 
 sation, not, however, to exceed in number of employees or 
 aggregate amount of compensation the limits fixed by ordi- 
 nance. 
 
 70. The Board of Fire Commissioners of the City of Balti- 
 more may retire from office in the Fire Department any per- 
 manent or call member thereof who has become permanently 
 disabled while in the actual performance of duty, or who has 
 performed faithful service in the department for a period of 
 not less than twenty consecutive years, or who may become 
 unable to perform further service by reas(m of age or other 
 physical or mental disabilities, and place the member so retired 
 upon a pension roll. And said Board may also provide for the
 
 60 
 
 relief of the widows and children of firemen who may be killed 
 in the discharge of duty. The amount of such annual pension 
 to be allowed by said Board of Fire Commissioners to each 
 pensioner shall l3e equal to one-half the yearly amount then 
 being received by him, for service in said department at the 
 time of such retirement, per annum, payable in monthly 
 installments. 
 
 71. The Commissioner of Health shall be the head of the 
 second sub-department of Public Safety. He shall be appointed 
 by the Mayor, in the mode prescribed in section 25 of this 
 Ai'ticle, and hold his oifice as therein provided. It shall be 
 his duty to cause all ordinances now in existence or which 
 may hereafter be enacted for the preservation of the health 
 of the City of Baltimore, not inconsistent with this Article, to 
 be faithfully executed and strictly observed ; and all power 
 and authority now lodged in the Board of Health in said City 
 shall be and the same is hereby transferred to the Commis- 
 sioner of Health. His salary shall be three thousand five 
 hundred dollars per annum, payable monthly, and he shall be 
 a physician of five years' experience and active practice at the 
 time of his appointment. He shall perform such duties in 
 this department as are now required or may hereafter be 
 prescribed by ordinances not inconsistent with this Article. 
 The Commissioner of Health may appoint two Assistant 
 Commissioners of Health, a Medical Examiner and an 
 Assistant Medical Examiner, and a reasonable number of 
 clerks and subordinates, and fix their compensation, but no 
 greater number of persons shall be appointed by or employed 
 under said Commissioner of Health than the public interests 
 demand and the appropriation by the Mayor and City Council 
 of Baltimore shall justify. 
 
 72. There may be appointed by the Commissioner of Health, 
 a reasonable number of Sanitary Inspectors for said City, not 
 exceeding fifteen, of whom two may be physicians, and one, at 
 least, shall be a person skilled in the matters of drainage and 
 ventilation ; and the Commissioner of Health from time to time 
 may prescribe the duties of each, consistent with the ordi- 
 nances now existing or hereafter enacted, and not inconsistent 
 •with this Article. 
 
 73. The Commissioner of Health shall appoint all inspec- 
 tors and analysts of bakeries, bake shops, candy factories,
 
 61 
 
 confectioners or other places for the manufacture of bread, 
 cakes, confectionery and siniihir food products, for the puri)ose 
 more especially of ascertaininj^^ their sanitary condition and 
 cleanliness, and for the purpose of ascertaining the purity, 
 healthful ness and wholesomeness of the flour, sugar, l)utter, 
 lard or other ingredients used in making such l^read, cakes, 
 confectionery and other articles of food offered for sale in the 
 City of Baltimore, or intended for consumption therein, as by 
 ordinance may be prescribed. 
 
 74. The Commissioner of Health shall appoint all inspec- 
 tors and analysts for the proper inspection of milk or any and 
 all other food products offered for sale in the City of Baltimore, 
 or intended for consumjjtion therein, as by ordinance may be 
 prescribed. 
 
 75. One of the Assistant Commissioners of Health, who 
 shall be a legally authorized practicing physician in good stand- 
 ing, shall be assigned to the performance of the duties of Quar- 
 antine Hospital Physician. He shall reside permanently on 
 the grounds attached to the liosj)ital on the southern shore of 
 the Patapsco Eiver, and known as the Quarantine Hospital of 
 the Port of Baltimore, and shall superintend all the affairs of 
 the hospital and the adjacent grounds, under the direction of 
 the Commissioner of Health. Whatever powers have been 
 heretofore granted by the Mayor and City Council of Baltimore, 
 in regard to quarantine regulations, to the Board of Health, are 
 hereby transferred to the Commissioner of Health, subject to 
 alteration, amendment or repeal by ordinances not inconsistent 
 with this Article. 
 
 76. In consideration of the duties to be performed by one of 
 the Assistant Commissioners of Health as Quarantine Hospital 
 Physician, said officer shall hereafter receive, in lieu of all 
 commissions and fees, a salary of three thousand dollars per 
 annum, payable monthly, and he may occupy the dwelling on 
 the hospital grounds free of charge, but all expenses incurred 
 for his support, or that of his family, shall be defrayed out of 
 his salary. The other Assistant Commissioner of Health shall 
 be allowed a salary of two thousand dollars per annum, payable 
 monthly. 
 
 77. The Commissioner of Health shall annully appoint a 
 Vaccine Physician for every ward of the City of Baltimore, who
 
 62 
 
 shall be a resident of the ward for which he may be appointed, 
 who shall vaccinate in his ward all such persons as may be 
 designated by the Commissioner or Assistant Commissioner of 
 Health as susceptible to smallpox contagion, and whose duty 
 it shall be to visit each dwelling house in the ward for which 
 he is appointed and vaccinate every person who may be pre- 
 sented to him for that purpose, and to be prepared at his office 
 at such hours as may be designated by the Commissioner of 
 Health to vaccinate all who may there call on him that are 
 resident of said ward requiring vaccination. He shall keep a 
 record of the names, ages and residences of all whom he shall 
 vaccinate or re-vaccinate, and report the same monthly under 
 oath or affirmation to the Commissioner of Health, and shall 
 also rejDort to said Commissioner of Health monthly the names 
 of all jiersons who shall refuse to suffer themselves or the 
 members of the household to be vaccinated when the same 
 shall be necessary. He shall discharge all other duties which 
 may be required of him as such Vaccine Physician by ordinances 
 not inconsistent with this Article, and shall also discharge the 
 duties of Sanitary Inspector for his ward. Each Vaccine 
 Physician shall be paid a salary of not more than nine hundred 
 dollars per annum, to be fixed by the Health Commissioner, 
 payable monthly. 
 
 78. Each of the said Vaccine Physicians shall act as health 
 warden of his respective wards, and shall sign, without charge, 
 all certificates that may be required of him to enable children 
 from the respective vaccine districts to enter any of the public 
 schools of Baltimore ; and he shall have a general supervision 
 of the health of his respective wards, and report to the Commis- 
 sioner of Health any nuisance which in his opinion is or may 
 become a source of disease, and in case of the manifestation of 
 any contagious disease, he shall at once, under the direction of 
 the Commissioner of Health, proceed to use such means as the 
 nature of the case may demand, to arrest its progress. 
 
 79. The Inspector of Buildings shall be the head of the 
 third sub-department of Public Safety. He shall be an archi- 
 tect or builder of ten years' experience in the active practice of 
 his profession and have had responsible charge of work for at 
 least that length of time. He shall be appointed by the Mayor 
 in the mode prescibed in section 25 of this Article, and hold 
 his office as therein provided, and under this department he
 
 63 
 
 shall Lave the supervision of the constractiou of all buildings 
 erected in the said City, and shall see that the building laws 
 relating to the construction of said buildings shall be complied 
 with, and he shall preform such other duties as may be pre- 
 scribed by ordinances not inconsistent with this Article. He 
 shall be paid a salary of three thousand dollars per annum, 
 payable monthly. 
 
 80. It shall be the duty of the Inspector of Buildings to 
 visit and inspect all theaters, hotels, public halls, churches, 
 school-houses and buildings used for public assemblages, and 
 all manufactories employing twenty-five or more persons, now 
 erected or that may hereafter be erected in the City of Baltimore, 
 for the purpose of ascertaining if said buildings have the 
 proper means of exit in case of fire or panic ; and if, on exami- 
 nation, the said Inspector of Buildings shall determine that 
 said buildings, as herein enumerated, have not the proper 
 means of exit for the purposes herein prescribed, then it shall 
 be the duty of the said Inspector of Buildings to notify in 
 writing, the owners, trustees or lessees of said buildings that 
 the proper means of exit do not exist, and direct the said 
 owners, trustees or lessees of said buildings, as herein enume- 
 rated, to so improve the same as to provide the proper means 
 of exit, in case of fire or panic, as in the judgment of the said 
 Inspector of Buildings he may deem proper and necessary. 
 
 81. If any person having been notified, as provided in the 
 preceding section, shall fail to comply with said notice, he 
 shall, after the expiration of thirty days from the date of said 
 notice, forfeit and pay a fine of one hundred dollars for non- 
 compliance therewith, and twenty-five dollars per day for each 
 and every day thereafter that he shall refuse to make such 
 improvements as prescribed in the notice so given, as provided 
 
 ■ in the preceding section ; said fines to be collected as other 
 fines are collected by law. 
 
 82. It shall be the duty of the Inspector of Buildings to 
 ■enforce the execution of all existing or hereafter enacted 
 building regulations and ordinances relating to the construc- 
 tion, alteration and removal of buildings, or other structures, 
 walls or parts of buildings or other structures. The Inspector 
 of Buildings shall have power to appoint such assistants and 
 subordinates, clerks and employees as are or may hereafter be
 
 64 
 
 prescribed by ordinance, and fix their compensation, not to 
 exceed in the aggregate the amount allowed by ordinance. 
 
 83. The Commissioner of Street Cleaning shall be the head 
 of the fourth sub-department of Public Safety. He shall be 
 appointed by the Mayor in the mode prescribed in section 
 25 of this Article, and hold his office as therein provided. 
 He shall be charged with the duty of cleaning the streets, as 
 well as the cleaning of the sewers, subject as to the latter to 
 the direction and orders of the City Engineer; and shall per- 
 form such other duties as may be prescribed by ordinances 
 not inconsistent with this Article. He shall be paid a salary 
 of two thousand five hundred dollars per annum, payable 
 monthly. The Commissioner may appoint such subordinates 
 as his department shall require, and fix their compensation, 
 not to exceed in the aggregate the amount appropriated by 
 ordinance. 
 
 Department of Public Improvements. 
 
 84. There shall be a Department of Public Improvements 
 of the Mayor and City Council of Baltimore, which shall con- 
 sist of the City Engineer, Water Board, Harbor Board and 
 Inspector of Buildings. The head of said department shall 
 be a Board of Public Improvements, composed of the City 
 Engineer, who shall be President of said Board, the President 
 of the Water Board, the President of the Harbor Board, and 
 the Inspector of Buildings. This Board shall be for con- 
 sultation and advice, it shall have no power to direct or 
 control the duties or the work of any sub-department under 
 this department. It shall perform such other duties as may 
 be rec[uired of it by ordinances not inconsistent with this 
 Article. Until the organization of said Board of Public 
 Improvements by the Mayor first elected under the provisions 
 of this Article, as provided in Section 25 of said Article, the 
 City Commissioner, Engineer of the Water Board, Engineer 
 of the Harbor Board and Inspector of Buildings, shall com- 
 pose a Board to perform all the duties required of the said 
 Board of Public Improvements by the provisions of this 
 Article. 
 
 85. When any ordinance for a public improvement, not 
 included in the ordinance of estimates furnished by the Board 
 of Estimates under the provisions of this Article, exceeding in 
 cost the sum of two thousand dollars has passed its first
 
 I 
 
 i 
 
 65 
 
 reading in the Branch of the City Council in which it origi- 
 nates, it shall be referred to the Board of Public Improvements 
 for an opinion, in writing, as to its advisability and whether the 
 wants of the City actually require such an improvement, and 
 by the last-named Board with such opinion attached to said 
 ordinance it shall be sent to the Board of Estimates for its 
 opinion, in writing, as to the probable cost of the same and 
 whether the financial condition of the City will justify such an 
 expenditure. No further action with regard to said ordinance 
 shall be taken by the City Council until such reports have been 
 made and submitted to both Branches of the City Council and 
 read and entered on the respective journals of said Branches. 
 It shall be the duty of both of the said Boards to promptly 
 make the said reports and the Boards of Estimates shall 
 return the same attached to said ordinance to the City Council. 
 
 86. The City Engineer, w^ho shall be the head of the first 
 sub-department of Public Improvements, shall be appointed by 
 the Mayor in the mode prescrilied in section 25 of this Article, 
 and hold his oflice as therein provided. He shall have control 
 and supervision of the streets, highways, lanes and alleys of 
 the City of Baltimore, both as to their construction, paving and 
 curbing. He shall construct all sewers, unless otherwise pro- 
 vided by ordinance. He shall be a civil engineer in the active 
 practice of his profession for five years, and one who has had 
 responsible charge of work for at least that length of time. He 
 shall perform all the duties heretofore performed by the City 
 Commissioner unless otherwise provided in this Article. He 
 shall receive a salary of four thousand dollars per annum, 
 payable monthly, and perform such other duties as may be 
 prescribed by ordinances not inconsistent with this Article. 
 He shall have power to appoint such subordinates as he may 
 require, and fix their compensation, not, however, to exceed in 
 number or compensation the limits fixed by ordinance. 
 
 87. The Water Board shall be the head of the second sub- 
 department of Public Improvements, and shall have charge of 
 the water supply to the inhabitants of the City of Baltimore, 
 and shall consist of five persons appointed by the Mayor in 
 the manner prescribed in section 25 of this Article, and hold 
 their ofiices as therein provided. One of said five persons, 
 who shall be the President of said Board and known as the 
 Water Engineer, and so named by the Mayor, shall be a civil 
 
 5
 
 66 
 
 engineer in the active practice of liis profession for five years, 
 and who has had responsible charge of work for at least that 
 period of time. The Water Engineer shall receive a salary of 
 four thousand dollars per annum, payable monthly, and the 
 other members of said Board shall serve without pay. All 
 subordinates employed in said su])-department shall be ap- 
 pointed by the Water Engineer, subject to the approval of said 
 Board ; he shall fix their compensation not to exceed in the 
 aggregate the amount appropriated by ordinance. The Water 
 Engineer and Water Board shall j)erform such other duties as 
 are now or may hereafter be prescribed by ordinances not 
 inconsistent with this Ai'ticle. 
 
 88. The Harbor Board shall be the head of the third sub- 
 department of Public Improvements, which shall have charge 
 of the harbor, wharves and navigable waters in and adjacent 
 to the City of Baltimore. It shall consist of five persons 
 appointed by the Mayor in the manner prescribed in section 
 25 of this Article, who shall hold their oflices as therein pro- 
 vided. One of said five persons, who shall be the President of 
 said Boai'd and known as the Harbor Engineer, and so named 
 by the Mayor, shall be a civil Engineer in the active practice 
 of his profession for five years, and who has had responsible 
 charge of work for at least that period of time. The Harbor 
 Engineer shall receive a salary of four thousand dollars per 
 annum, payable monthly, and the other members of said Board 
 shall serve without pay. All subordinates employed in said 
 sub-department shall be appointed by the Harbor Engineer, 
 subject to the approval of said Board, who shall fix their com- 
 pensation, not to exceed in the aggregate the amount appropri- 
 ated by ordinance. The Harbor Engineer and Harbor Board 
 shall perform such other duties as may hereafter be prescribed 
 by ordinances not inconsistent with this Article. 
 
 89. The Inspector of Buildings shall be the head of the 
 fourth sub-department of Public Improvements, and shall be 
 the same officer whose appointment is provided for herein in 
 the Department of Public Safety. The duties he shall perform 
 in this department and sub-department shall be the superin- 
 tendence of the construction and repairing of all buildings built 
 by the City, unless otherwise provided by ordinances. He 
 shall receive no additional pay for his services rendered in this 
 department. He shall perform such other duties in this 
 department as may be required of him by ordinances not 
 inconsistent with this Article.
 
 67 
 
 Department of Public Parks and Squares. 
 
 90. There shall be a Department of Public Parks and 
 Squares of the Mayor and City Council of Baltimore. The 
 head of said department shall consist of a Board of Park 
 Commissioners, composed of five members, to serve without 
 pay, appointed by the Mayor in the manner jarescribed in 
 section 25 of this Ai'ticle, and to hold their offices as therein 
 provided. One of whom shall be President thereof, and shall 
 be so designated by the Mayor, and said Board shall elect a 
 Secretary, who shall he paid a salary of one thousand five 
 hundred dollars per annum, payable monthly, and he shall be 
 the clerk of said Board, and shall perform such duties as may 
 be prescribed by said Board. The said Board shall perform 
 such other duties as may be prescribed by ordinances not 
 inconsistent with this Ai-ticle. 
 
 91. The Board of Park Commissioners shall have charge 
 and control of all j)ublic parks, squares, springs and monu- 
 ments belonging to, controlled by or in the custody of the 
 Mayor and City Council of Baltimore. 
 
 92. The Board of Park Commissioners shall have power 
 from time to time to make such rules and regulations for the 
 government and preservation of order within the parks, 
 squares, springs and monuments belonging to, controlled by, 
 or in the custody of the Mayor and City Council of Baltimore, 
 as it may deem expedient. To carry out such regulations, fines 
 not exceeding in any one case one hundred dollars shall be 
 imposed for breaches of said rules and regulations, which fines 
 shall be recoverable as other fines are in the name of the City, 
 and said amounts so recovered shall be used and appropriated 
 to the purposes of the Board of Park Commissioners. 
 
 93. The Board of Park Commissioners is authorized and 
 empowered to regulate the speed of vehicles and equestrians 
 wdthin one mile of the approach and within the limits of said 
 parks and squares, and to impose the fines provided for in the 
 preceding section for the violation of any regulations it may 
 establish in this connection, to be recovered as therein pro- 
 vided. 
 
 94. The several members of the said Board of Park Com- 
 missioners shall have the power of conservators of the peace 
 within the limits of said parks and squares.
 
 68 
 
 95. The Board of Police Commissioners of Baltimore City 
 is directed at the request of the Board of Park Commis- 
 sioners to detail from time to time such of the regular police 
 force of said City as the said Board of Park Commissioners 
 may deem necessary tor the preservation of order within said 
 parks and squares, according to the regulations aforesaid, 
 which policemen shall be under the direction of said Board of 
 Park Commissioners, and shall have the same power in said 
 parks and squares that the police of the City of Baltimore have 
 as conservators of the peace in Baltimore City or elsewhere. 
 
 96. In addition to the powers now or hereafter conferred 
 upon the Board of Park Commissioners, it is authorized to 
 form zoological collections within the limits of said parks or 
 squares by the purchase and collection of live, wild or other 
 animals, for the purpose of public exhibition for the instruction 
 and recreation of the people, with power to make contracts in 
 regard thereto ; and shall be capable at law to hold, in the 
 name of the Mayor and City Council of Baltimore, and at 
 pleasure to dispose of gifts, devises and other property for the 
 use of said collections. 
 
 97. The said Board of Park Commissioners shall have full 
 power to employ and compensate all persons whom, in its 
 judgment, it may deem proper, in maintaining and supporting 
 such parks, squares, springs and monuments, or any other 
 buildings, collection, garden or reservation provided for in 
 this Article. The distribution of the park fund for the main- 
 tenance of the difierent parks and squares shall be made by 
 the Park Commissioners ; provided, nothing contained in this 
 Section or elsewhere in this Article shall be taken or construed 
 to exempt the said Board of Park Commissioners from a full 
 compliance with all the requirements of Section 36 of this 
 Ai'ticle, and the said Board of Park Commissioners shall 
 spend no part of said park fund unless such expenditure is 
 authorized and included in the annual ordinance of estimates ; 
 and provided further, the Board of Park Commissioners who 
 go into office on the first day of March, in the year 1900, 
 shall make such report to the Board of Estimates as soon 
 thereafter as possible, which report shall include all expendi- 
 tures to be made by said Board of Park Commissioners for 
 the remainder of the current fiscal year, and the Board of 
 Estimates shall prepare and submit to the City Council a 
 supplemental ordinance of estimates, to include the amount
 
 69 
 
 which the said Board of Estimates may deem proper to be 
 spent by said Board of Park Commissioners for the remainder 
 of said current fiscal year. 
 
 98. The night watchmen employed by the Board of Park 
 Commissioners shall have, while on duty, the same power 
 that police in said City have as conservators of the peace. 
 
 Department of Education. 
 
 99. There shall be a Department of Education of the 
 Mayor and City Council of Baltimore. The head of said 
 department shall consist of a Board of School Commissioners 
 composed of nine persons, who shall serve without pay, and 
 who shall be appointed by the Mayor in the mode prescribed 
 in Section 25 of this Article, and removable as therein pro- 
 vided. One of said Commissioners shall be President of said 
 Board and so designated by the Mayor when appointed. 
 Their term of ofiice shall be six years, three of them to retire 
 at the end of every two years. The Board first appointed shall 
 determine by lot their term of office, so as to provide for the 
 retirement in the succeeding two and four years of three of 
 their number. The members of said board shall be residents 
 of the City of Baltimore for at least one year and citizens of 
 the State of Maryland for at least five years prior to their 
 appointment. The members of said board shall be chosen by 
 the Mayor from among those he deems most capable of pro- 
 moting the interests of public education, by reason of their 
 intelligence, character, education or business habits. In the 
 selection of members of said Board and in their action in the 
 administration of the public schools, ecclesiastical and party 
 ties ^hall not be regarded, so that the public schools may be 
 entirely out of the field of political and religious difterences 
 and controversies. The said Board shall confirm or reject all 
 nominations of teachers made to it, as hereinafter provided by 
 the Superintendent of Public Instruction and his Assistants. 
 It shall not confirm the appointment of any teacher whose 
 name does not appear uj^on the graded list hereinafter provided 
 for. All ofiicers, secretaries, clerks and employees shall be 
 appointed by said Board, and may be removed by it at pleasure, 
 and any teacher may be removed by said Board on the recom- 
 mendation of the Superintendent of Public Instruction after 
 charges preferred and trial had. The salary of all officers, 
 teachers, secretaries, clerks and employees shall be fixed by
 
 70 
 
 said Board, not to exceed in the aggregate the amount appro- 
 priated by ordinance. Whenever the construction of a new 
 school-house or the enlargement and repairs of an old school- 
 house is authorized, the instructions of the Board of School 
 Commissioners shall be regarded by the Inspector of Buildings 
 in the preparation of his plans, and no plans shall be finally 
 adopted without the concurrence of said Board. All text-books, 
 stationery and furniture required for the public schools shall 
 be purchased by the said Board after a compliance with all the 
 requirements of sections 14 and 15 of this Article except the 
 requirement of said section as to the Board to open and award 
 said contracts. 
 
 100. The said Board shall appoint the Principal, Professors, 
 Tutors and Instructors of the City College, the Principals, 
 Tutors and Instructors of the Polytechnic Institutes, and of 
 the High Schools. It shall also aj^point a Superintendent of 
 Public Instruction and one or more Assistant Superintendents 
 of Public Instruction, one of whom shall be the first Assistant, 
 and shall act as Supei'intendent of Public Institution if 
 that officer is disabled. The said Superintendents shall all be 
 persons of education and experience in the management of 
 schools, and they shall be not less than twenty-five years of 
 age, at the time of their appointment, and shall discharge the 
 duties herein prescribed and such other duties as the said 
 Board may direct. In order to secure the continuance of local 
 interest in and oversight of the jDublic schools, there shall be 
 appointed annually by said Board such number of unpaid 
 School Visitors as may be found requisite. One or more of 
 these Visitors shall be assigned to every school, and every 
 Visitor so assigned shall be a resident or engaged in business, 
 within half a mile of the school to which he or she is assigned, 
 so that the parents and inhal^itants of every neighborhood 
 may have easy access to an official of the public schools. The 
 said Visitors shall perform the duties hereinafter prescribed, 
 and such other duties as the said Board may direct. The said 
 Board may also appoint a Sujjervisor of the Heating, Plumb- 
 ing and Ventilation of School Buildings, to be known as 
 Supervisor of School Buildings, who shall, in addition to the 
 supervision of school buildings in respect to their heating, 
 plumbing and ventilating, perform such other duties as the 
 Board may direct.
 
 71 
 
 101. The duties of the Supermtendent of Public Instruc- 
 tion and Assistant Superintendents of Public Instruction shall 
 include the examination of teachers and their nomination to 
 the Board of School Commissioners for appointment or pro- 
 motion, and the supervision of schools, and the study and 
 suggestion of methods by which the public school system of 
 the City of Baltimore may be maintained and improved. They 
 shall hold regular meetings as a Board of Superintendents of 
 Public Instruction and keep a record of the same, which shall 
 be submitted to the Board of School Commissioners. For the 
 work of supervision and examination, standing committees 
 shall be designated by the Superintendent of Public Instruc- 
 tion annually. Of every such committee, the Superintendent 
 of Public Instruction or the First Assistant Superintendent of 
 Public Instruction, or both, shall be members ex officio, and 
 the number of additional members shall be determined from 
 time to time, as circumstances may require. Every school 
 shall be visited at frequent intervals by the Superintendent of 
 Public Instruction or one of the Assistant Superintendents of 
 Public Instruction, and written reports on its condition shall 
 be filed in the office of the Superintendent of Public Instruc- 
 tion, with such recommendations as circumstances may call 
 for. It shall be the duty of the Superintendent of Public 
 Instruction and his Assistants, to devote their services exclu- 
 sively to the public schools under such regulations as the 
 Board of School Commissioners may prescribe. It shall be 
 the duty of the said Superintendent of Public Instruction, 
 with the aid of the Supervisor of School Buildings, to ascer- 
 tain the sanitary condition of every school, and to report to 
 the proper authorities what repairs or improvements are neces- 
 sary. It shall be the duty of the Superintendent of Public 
 Instruction and his Assistants, as examiners, to ascertain, by 
 appropriate committees, aiDpointed as hereinbefore ]3rovided, 
 the training, knowledge, aptness for teaching, and character of 
 every future candidate for the place of a teacher, and to report 
 to the Board of School Commissioners graded lists of those 
 whom they deem qualified for appointment, from which graded 
 lists all nominations of teachers shall be made by the Superin- 
 tendent of Public Instruction and his Assistants to the Board 
 of School Commissioners. All such nominations of teachers 
 shall be made in the order in which the names of the nominees 
 appear upon such graded lists. In the preparation of these 
 graded lists, the Superintendent of Public Instruction and his 
 Assistants shall ascertain by competitive examinations the
 
 72 
 
 relative qualifications of those candidates who desire appoint- 
 ment, and shall place the names of the accepted candidates 
 upon said graded lists in the order of their relative qualifica- 
 tions, so ascertained by such competitive examination. It shall 
 be their duty to advise the Board of School Commissioners 
 whenever called upon, or whenever they think it important, in 
 respect to the course of studies, text-books, or methods of 
 instruction. Whenever the Superintendent of Public Instruc- 
 tion and his Assistants are in doubt what course to pursue, 
 they shall ask instructions from the Board of School Commis- 
 sioners, to whom they may present a majority and minority 
 report, and the decision of the Board of School Commissioners 
 shall be final. The Superintendent of Public Instruction and 
 his Assistants shall perform such other duties as may be 
 prescribed by order of the Board of School Commissioners 
 not inconsistent with this Article. 
 
 102. It shall be the duty of the School Visitors, herein- 
 before provided for, to visit the schools to which they are 
 assigned, and to rejjort upon their condition at least once in 
 every quarter, and oftener if they think it desirable. In case 
 of an emergency requiring attention, they shall immediately 
 notify the superintendent of Public Instruction. The said 
 School Visitors may be called together by the Board of School 
 Commissioners or the Superintendent of Public Instruction 
 whenever the interests of the schools require it, or whenever it 
 is thought important for the ofiice of a Visitor to be defined, 
 the organization of the school system to be considered, and 
 the characteristics of a good school to be clearly stated to 
 them. They shall perform such other duties as the Board of 
 School Commissioners may prescribe, not inconsistent with 
 this Article. 
 
 Department of Charities and Corrections. 
 
 103. There shall be a Department of Charities and Correc- 
 tions of the Mayor and City Council of Baltimore, which shall 
 consist of the Supervisors of City Charities and the Visitors 
 to the City Jail. The head of the Department of Charities 
 and Corrections shall be a Board of Charities and Corrections 
 composed of the President and one other of the Supervisors 
 of City Charities, the President and one other of the Visitors 
 to the City Jail, and the Mayor ex officio. The Supervisors of 
 City Charities and the Visitors to the City Jail shall each
 
 73 
 
 designate their representative member. The President of the 
 Supervisors of Citj Charities shall be President of the Board 
 of Charities and Corrections. This Board shall be for consul- 
 tation and advice, but it shall have no power to direct or con- 
 trol the duties or work of any sul3-department under this 
 department. It shall perform such other duties as may be 
 required of it by ordinances not inconsistent with this Article. 
 
 104. The Supervisors of City Charities shall be the first 
 sub-department of Charities and Corrections, and the head of 
 this sub-department shall be a board composed of nine persons, 
 appointed by the Mayor as provided in section 25 of this 
 Article, who shall be removable as therein provided. Their 
 term of office shall be for six years, three of them to retire at 
 the end of every two years ; except that the Supervisors first 
 appointed shall determine by lot their terms of office, so as to 
 provide for the termination of the term of three Supervisors 
 each at the end of the first two and four years. The said 
 Supervisors shall have been citizens of Maryland for at least 
 five years, and residents of the City of Baltimore for at least 
 one year prior to their nomination. The Mayor, in the 
 appointment of said Supervisors, shall designate one of their 
 number as President, and the Supervisors shall elect a Secre- 
 tary, who shall be paid a salary of one thousand five hundred 
 dollars per annum, payable monthly, and shall discharge such 
 duties as the Supervisors shall prescribe. The said Super- 
 visors shall serve without pay. They shall be appointed by 
 the Mayor from among those whom he deems, by reason of 
 their intelligence, experience and character, to be most capable 
 of caring for the poor, economically, intelligently and humanely. 
 In the selection of said Supervisors and in their action, in 
 matters relating to the duties imposed upon them by law or 
 ordinance, ecclesiastical or party ties shnll not be regarded, so 
 that the care of the poor may be entirely out of the field of 
 political or religious diflerences and controversies. The duty 
 of said Supervisors shall be to determine what sick, insane or 
 other destitute persons are proper charges on the City, and to 
 provide for the proper care of such persons, in so far as money 
 may be appropriated for that purpose by the City. The Super- 
 visors shall have the power to appoint and fix the compensation 
 of such officials and subordinate employees as they may deem 
 necessary for the proper conduct of the business entrusted to 
 them, not to exceed in number of employees or aggregate
 
 74 
 
 amount of compensation the limit fixed by ordinance. The 
 Supervisors shall report annually to the City upon all depart- 
 ments of their work, including the work of those institutions 
 with which the City has contracted for the care of any poor 
 persons, and they shall perform all the duties heretofore per- 
 formed by the Trustees of the Poor unless otherwise provided 
 in this Article. 
 
 105. All appropriations by the Mayor and City Council of 
 Baltimore for the treatment, care or support of the indigent 
 poor in institutions not owned by the City, or for dispensary 
 treatment shall be by contract, in which the City shall agree 
 to pay so much per capita for persons placed, treated or pre- 
 scribed for in such institvitions or dispensaries so contracting 
 with the City, and in no case shall a gross sum be paid to any 
 such institution or dispensary. Every such contract shall 
 contain a stipulation that the City shall incur no obligation 
 therefrom for any amount not provided for or in excess of the 
 appropriation made for the fiscal year in carrying out such 
 contract. No public moneys shall be paid to any institution or 
 dispensary for the treatment, care or support of any person 
 until the said Supervisors have determined and certified in 
 writing that such person is a proper subject of municipal aid. 
 
 106. No appropriation shall be made or money expended 
 for the maintenance, outside of the Almshouse or other City 
 home, of any adult poor person or persons, except the sick, 
 insane or other special classes requiring special treatment, or 
 homeless persons requiring temporary care only ; provided, the 
 City has adequate accommodations at the Almshouse or other 
 City home. All poor persons who, in the judgment of said 
 Supervisors, require special care or treatment outside of a City 
 institution, may be placed by said Supervisors in any institution 
 or institutions with which the City has contracted for such 
 care or treatment, which they, in the exercise of their judgment, 
 after careful inspection and inquiry, shall deem best fitted to 
 give the necessary care or treatment. 
 
 107. The Mayor and City Council of Baltimore, through 
 the said Supervisors, shall have care and supervision over such 
 children as shall be committed to or placed in those institutions 
 with which the City may have contracted and as shall have 
 been diily accepted by said Supervisors as proper charges on
 
 75 
 
 the Citj. Said Supervisors shall have power to remove any 
 child from any such institution to which he or she has been 
 committed or placed, and to place said child in any other such 
 institution, when it is apparent to the Supervisors that from 
 improper treatment or for other good cause, the welfare of the 
 child requires such removal. No such child shall be discharged 
 from the institution to which he or she shall have been com- 
 mitted or placed (unless by direction of a court of competent 
 jurisdiction), or be transferred to any other institution, or to 
 the care of any individual, without the approval and consent 
 of the said Supervisors. It shall be the duty of the Super- 
 visors, as far as is practicable, to place all destitute or neglected 
 children who are under their care or in their charge, in some 
 institution or home for children, or, without payment of board 
 in some respectable family in the State of Maryland, and to 
 have the children visited, and their circumstances carefully 
 examined at least once in every six mouths by one of the 
 Supervisors or by a skilled agent or agents appointed by them 
 for the purpose. On the preliminary question of the commit- 
 ment of any destitute or neglected child, said Supervisors, or 
 their agent, shall be summoned by the committing officer and 
 heard as to whether the parent or guardian of the child to be 
 committed is entitled to the aid of the City, and if on the 
 return of the summons of the said Supervisors, or their agent, 
 further time is required by them, or him, to make inquiry as to 
 the pecuniary ability of said parent or guardian, further time, 
 not exceeding tweuty-four hours, shall be given. The wish and 
 request of the parent or guardian as to the place of commit- 
 ment shall be respected, unless good cause to the contrary be 
 shown by the Supervisors. The Supervisors of City Charities 
 shall have power to place foiindlings in any proper institution 
 with which tlie City has a contract. 
 
 108. The Supervisors may admit into the Almshouse and 
 receive under their care, in addition to those paupers which 
 the laws of this State authorize and require, such indigent or 
 distressed persons as in their opinion the dictates of humanity 
 or particular circumstances render proper or necessary. In 
 cases of emergency any Supervisor may direct the admission 
 of any destitute, indigent or distressed person to the Alms- 
 house. 
 
 109. The Supervisors shall prescribe, provide for, and 
 direct all matters relating to the support, treatment and employ-
 
 76 
 
 ment of all paupers, vagrants and other persons in the Alms- 
 house, or an}' other place under their care and charge. 
 
 110. The Supervisors shall procure, or erect and use all 
 such machinery, materials and implements as thej shall think 
 proper or necessary for any purpose connected with their 
 duties or the exercise of the powers vested in them. 
 
 111. The Supervisors shall meet at the Almshouse five times 
 in the year, to wit : in the first week of February, April, June, 
 October and December, or oftener, if they shall deem it neces- 
 sary; and shall make by a majority of votes of such as may 
 be present, all such good and wholesome rules and by-laws as 
 they may think necessary and convenient for the maintenance 
 and employment of the inmates of said Almshouse. 
 
 112. Upon complaint made to the Supervisors by the Super- 
 intendent of said Almshouse, and due proof thereof, that any 
 pauper in said Almshouse has behaved in a disorderly manner, 
 or has neglected to obey and keep any of the rules and by- 
 laws, the Supervisors may order and direct such moderate and 
 proper correction for any such ofience as the nature of the case 
 may require. 
 
 113. The Supervisors shall meet at the Almshouse on the 
 first Monday of April, yearly, and appoint a Superintendent of 
 said Almshouse, who shall receive a salary of one thousand 
 six hundred dollars per annum, payable monthly. They shall 
 require such Superintendent to enter into bond with sufficient 
 security, payable to the Mayor and City Council of Baltimore, 
 in the penalty of five hundred dollars, for the faithful perform- 
 ance of the duties of his office. 
 
 114. In addition to such other duties as the Supervisors 
 may prescribe, the Superintendent shall keep a regular list of 
 all poor, beggars, vagrants, vagabonds and offenders who shall 
 be committed to said Almshouse, and also regulate accounts, 
 in writing, of all materials and other things which may come 
 to his hands, and of all expenses and charges attending their 
 maintenance and support, and of all moneys received by him 
 for the sale of the produce of their labor, and otherwise, as 
 Superintendent, and shall lay the same before the Supervisors 
 annually and whenever required.
 
 77 
 
 115. The Supervisors may appoint a Purveyor of Provisions 
 to said Almshouse, and fix his sahiry at a sum not to exceed 
 fifteen hundred dolhirs per annum. It shall be the duty of 
 said Purveyor to provide and furnisli provisions to said Ahns- 
 house under the direction of said Supervisors, to whom he 
 shall annually return a statement or account of his receipts and 
 expenditures, to be examined and passed at their discretion. 
 
 116. The Supervisors shall require the said Purveyor to give 
 bond and security to be approved by them, and in such penalty 
 as they shall direct, conditioned for the faithful performance of 
 the trusts reposed in him, and upon failure to comply with the 
 conditions thereof, they may direct said bonds to be put in 
 suit, and any sum of money recovered in such suits shall be 
 applied to the use of said Almshouse. 
 
 117. None of the foregoing provisions in sections 104 to 
 116 inclusive, shall apply to offenders, juvenile or adult. 
 
 118. The Visitors of the .Jail shall be the second sub- 
 department of Charities and Corrections, and the head of this 
 sub-department shall be a board consisting of nine persons, 
 appointed by the Mayor in the manner prescribed in section 25 
 of this Article, who shall hold their offices as therein provided. 
 They shall serve without pay. One of their number shall be 
 designated by the Mayor, who shall be President of said 
 Visitors, and the said Visitors shall elect from their number a 
 Secretary. The Visitors to the Jail shall have charge and con- 
 trol, supervision and regulation, of the Baltimore City Jail and 
 all reformatory, criminal and penal institutions belonging to 
 the City. They shall also have supervision over those persons 
 committed to the criminal, penal and reformatory institutions 
 with which the Mayor and City Council of Baltimore have con- 
 tracts. The Visitors to the Jail shall have the power to pass 
 rules and regulations for their own government and for the 
 government of the Baltimore City Jail and the aforesaid insti- 
 tutions belonging to the City, not inconsistent with this Ai'ticle, 
 and shall perform such other duties as may be required of 
 them by ordinances not inconsistent with this Article. 
 
 119. The said Visitors shall meet on the first Tuesday of 
 every month or at such other times as they may direct ; special 
 meetings may be called at any time by the President, or any
 
 78 
 
 two members, on giving three days' notice in writing to the 
 members. 
 
 120. The said Visitors shall have full power and authority, 
 as often as they may deem it necessary, to visit the jail and 
 the jDrisoners confined therein ; to make by-laws for the inter- 
 nal police and good government thereof, and for the preservation 
 of the buildings and other proj^erty. 
 
 121. The said Visitors shall regulate and provide the diet 
 of the prisoners, procure necessary bedding and clothing for 
 their use; make such repairs, alterations and improvements 
 in and about the jail as they may deem necessary, and provide 
 medicine and attendance for such of the prisoners as are sick. 
 
 122. All persons confined in Baltimore City Jail, under 
 sentence of the Criminal Court of Baltimore, for offences 
 punishable by confinement therein, or committed by any Judge, 
 Court, Justice of the Peace, or other lawful authority having 
 jurisdiction to commit such person to said jail, either as a 
 punishment for the violation of any law or ordinance, or under 
 or by virtue of any law or ordinance, or for failure to pay any 
 fine or costs imjDOsed upon such person by any such Judge, 
 Court, Justice of the Peace or other lawful authority, shall be 
 kept by the Visitors to the Jail at hard labor in some useful 
 employment. The said Visitors to the Jail shall frame such 
 regulations as shall be necessary to the industry, quiet and 
 discipline of such persons, and shall have them kept separate 
 from persons in confinement awaiting trial, or for other causes. 
 
 123. The said Visitors shall also require all vagrants con- 
 fined in said jail to work and labor about the premises. 
 
 124. The said Visitors may, with their consent, emplo}^ 
 other persons confined therein in such work and labor in and 
 about the premises as may be consistent with their safe-keep- 
 ing, and shall keep an account of the earnings of such persons, 
 and shall, upon their discharge, allow them two-thirds of the 
 net proceeds thereof, to be ascertained by the Visitors. 
 
 125. The said Visitors shall keep regular books of accounts, 
 in which the whole expenses of the jail, whether for supplies, 
 salaries of officers, repairs or incidentals, shall be distinctly 
 stated.
 
 79 
 
 126. The said Visitors shall appoint a fit person as Warden 
 of the Baltiraore City Jail. They shall allow the said Warden 
 and his assistants and other employees and servants such com- 
 pensation as in their judgment is proper, not to exceed in the 
 aggregate the amount appropriated by ordinance. The said 
 Visitors shall at their will and pleasure remove the said Warden. 
 
 127. It shall be the duty of the Warden of the Baltimore 
 City Jail to take charge of the prison and prisoners therein, 
 and exercise, during his continuance in office, the same powers, 
 and be subject to the same forfeitures, and be responsible for 
 escapes in the same manner, and to the same extent, as sheriffs 
 of the respective counties, and he shall preform such other 
 duties as shall be required of him by said Visitors. 
 
 128. The said Warden, before he enters upon the duties of 
 his office shall give bond to the State with good security to 
 be approved by the Visitors, in the penalty of ten thousand 
 dollars, conditioned for the faithful performance of his duty 
 as Warden, and for the safe-keeping of all such persons as shall 
 be committed by legal authority to the Baltimore City Jail, 
 which bond shall be filed with the Comptroller. 
 
 129. The said Warden shall also take and subscribe an 
 oath that he will duly and faithfully execute the duties and 
 trusts, and exercise the powers committed to and vested in him 
 as Warden of the Baltimore City Jail. 
 
 130. The Visitors shall prescribe the number and duties of 
 the assistants who may be necessary to be employed by said 
 Warden, but the Warden shall have the appointment and 
 removal of such assistants, subject to the approval of the 
 Visitors, and shall fix their compensation, not to exceed in the 
 aggregate the amount appropriated by ordinance. 
 
 131. All commitments of prisoners to the Baltimore City 
 Jail shall be directed to the Warden of said jail, whose duty 
 it shall be to receive the prisoners from the officers having 
 them in charge. 
 
 132. The Warden shall conduct all prisoners in his custody 
 to and from the courts, when the said courts shall direct him 
 to do so.
 
 80 
 
 133. The Warden shall account with the Visitors for all 
 sums of money which he may collect from any source connected 
 with the institution. 
 
 134. The Visitors shall annually, during the month of 
 January, make out and lay before the Mayor and City Council 
 of Baltimore a full statement of all the public money received 
 by them from the Eegister of the said City or from any other 
 source, and the manner in which it has been expended. 
 
 135. No spirituous or malt liquors shall be disposed of, sold 
 or given away within said jail, and any employee or servant of 
 said jail disposing of, selling or giving away, or being con- 
 cerned with others in the disf)osal, selling or giving away of 
 any spirituous or malt liquors as aforesaid to any person 
 coming to said jail on a visit, or to any prisoner confined 
 therein, or to any other person, except by order of the attend- 
 ing physician, shall forfeit and pay the sum of one hundred 
 dollars, to be recovered by indictment, one-half to go to the 
 informer, and the other half to be applied to the use of the 
 City. 
 
 136. If the Warden or his Assistant, or any employee or 
 servant of said jail, shall introduce any such spirituous or malt 
 liquors, or suffer them to be introduced as aforesaid, knowing 
 it to be contrary to law ; or shall permit any person (with the 
 exception of the attorney of a person confined in said prison) 
 to enter said jail without license, as herein provided, each and 
 every one of them so offending shall be suspended from his 
 office and be incapable of holding any office or charge within 
 said prison for the space of one year thereafter. 
 
 137. No person, except the attorney of a prisoner, shall be 
 permitted to visit a prisoner within said jail or lot, unless by 
 special license from the Warden, or some Judge, or other 
 person legally authorized to give the same. 
 
 138. All persons hereafter sentenced to be imprisoned in 
 said jail for offences by the Criminal Court of Baltimore shall 
 be kept on prison fare, and not be allowed any other food or 
 drink, unless by the written direction of the physician of the 
 jail.
 
 81 
 
 139. All persons who shall hereafter be convicted of any 
 otieuse j^unisliable by confinement in said Baltimore City Jail, 
 and confined in said jail under a sentence for a longer period 
 than two calendar months, shall each have a deduction from 
 their several terms of sentence of five days for each and every 
 calendar month during which no charge of misconduct shall 
 have been sustained against them, and they shall be discharged 
 at the exj^iration of their respective terms of sentence, less 
 the time so deducted, and a certificate of the Warden of said 
 jail of such deduction shall be entered on the warrant of com- 
 mitment ; provided, that if, during the term of imprisonment^ 
 the prisoner shall commit any act of insubordinatian or other 
 violation of discipline, the Visitors to the Jail may, at their 
 discretion, reduce or annul entirely such deductions. 
 
 140. All persons confined in said jail under the provisions 
 of the preceding section shall be kept separate from such per- 
 sons as are in confinement for offenses other than those 
 referred to in the preceding section, or who may be awaiting 
 trial. 
 
 141. The Warden of the Baltimore City Jail shall prepare 
 and send to the Judge of the Criminal Court of Baltimore, on 
 each and every Saturday, a full and complete list of the names 
 of all persons who are committed to his custody by the 
 Justices of the Peace of said City, either as vagrants or in 
 default of security to keep the peace ; and the Judge of the 
 said Court shall have full power to review the said commit- 
 ments ; and upon examination of the various cases so reported 
 to him by the Warden of the Jail as aforesaid, he shall dis- 
 charge or recommit the said parties for a term not to exceed 
 six months, as in his discretion may be most conducive to the 
 preservation of public peace and order. The Justices of the 
 Peace of the City of Baltimore are prohibited from charging 
 costs in the cases above named, unless the parties are recom- 
 mitted by order of the Judge of said Court. 
 
 142. When any person arrested in the City of Baltimore 
 shall be held in custody until such person can give security to 
 keep the peace, or shall be committed to jail or the House of 
 Correction in default of such security, such person shall be 
 chargeable with and shall pay all the costs presci-ibed by the 
 
 6
 
 82 
 
 laws of this State for such arrest, commitment, or giving 
 security to keep the peace, and in default of the payment 
 thereof shall be committed to jail until such costs and the costs 
 of his release shall be paid, or until thence discharged by due 
 course of law ; and said costs shall be accounted for and paid 
 over by said respective Justices of the Peace so sitting at the 
 respective station houses in the manner in which all costs paid 
 to such Justices of the Peace so respectively sitting at such 
 station houses in the City of Baltimore, are now or may here- 
 after be required by law to be accounted for and paid over. 
 
 143. Whenever any person has been committed to the 
 Baltimore City Jail on the charge of drunkenness or disorderly 
 conduct, and he is deemed by the physician in charge of said 
 Jail a proper subject for the Almshouse, the Visitors to the Jail 
 shall have power to transfer said person to said Almshouse. 
 
 144. Whenever any person has been committed to the Bal- 
 timore City Jail on the charge of drunkenness or disorderly 
 conduct who is affected with any form of disease that in the 
 judgment of the physician of said jail would require a longer 
 time than the term of sentence to cure, or in any case where 
 the accommodation, comfort, care and nursing cannot be fur- 
 nished by the said jail, or in case of any person who may be 
 insane at the time of committal, or become insane during the 
 term for which committed, the said Visitors to the Jail shall 
 have the power to release and send such person to his or her 
 home, or to some infirmary, hospital or to the Almshouse, 
 where provision has been made by the City of Baltimore for 
 the reception of such cases. 
 
 Department of Review and Assessment. 
 
 145. There shall be a Department of Eeview and Assess- 
 ment of the Mayor and City Council of Baltimore, composed 
 of the Appeal Tax Court and the Commissioners for Opening 
 Streets. The head of this department shall be the Board of 
 Beview and Assessment, to consist of the President of the 
 Appeal Tax Court, the President of the Commissioners for 
 Opening Streets, and the Mayor ex officio. The President of 
 the said Court shall be the President of the Board of Review 
 and Assessment. This Board shall be for consultation and 
 advice, but it shall have no power to direct or control either 
 sub-department. It shall perform such duties as may be pre- 
 scribed by ordinances not inconsistent with this Article.
 
 83 
 
 146. The Appeal Tax Court shall be the first sub-depart- 
 ment of Review and Assessment, and its head shall be a bench 
 composed of three members, appointed by the Mayor in the 
 manner prescribed in section 25 of this Article, and removable 
 as therein provided. One of their number shall be President, 
 and shall be so designated when appointed by the Mayor. 
 Their term of office shall be for three years, one member to 
 retire every year ; except that the members of the Court first 
 appointed shall determine by lot their terms of office, so as to 
 provide for the termination of the term of one member each at 
 the end of the first and second years. Each member of said 
 Court shall receive a salary of two thousand dollars per 
 annum, payable monthly. The said Court shall appoint a 
 Clerk, who shall receive a salary of one thousand six hundred 
 dollars per annum, payable monthly, and shall perform such 
 duties as the Court may prescribe. The said Court may also 
 appoint such other employees as the City by ordinance may 
 direct. 
 
 147. The said Court shall meet from time to time for the 
 purpose of hearing appeals and making transfers and correct- 
 ing the accounts of assessable property charged to taxpayers, 
 and the assessment thereof. The said Court may also appoint 
 such number of assessors as they may deem necessary in 
 investigating and ascertaining all omitted and taxable projjerty, 
 and assessing and returning the same to the said Court, not to 
 exceed such number as by ordinance may be authorized. 
 
 148. Every assessor provided for in this sub-division of this 
 Article shall annuallv inform himself, bv all lawful means, of 
 all property, real and personal, and stocks or investments in 
 the City, liable to taxation or assessment, and which may have 
 been omitted in the assessment, and all buildings and improve- 
 ments, and all property created or acquired since the last 
 assessment, and shall value the same at the full cash value 
 thereof, and shall make return thereof to said Court, and for 
 the purposes of this section the said assessors are hereby 
 clothed with the powers of general assessors, and their valua- 
 tion shall be subject to revision and correction by this Court. 
 
 149. The assessors shall be allowed such compensation for 
 the performance of their duties as the City may by ordinance 
 direct.
 
 84 
 
 150. Before increasing the assessment of any property 
 which has been theretofore assessed, or adding any new prop- 
 erty not vakied and returned to them by the proper assessor, 
 it shall be the duty of the said Court, as the case may be, to 
 notify the owner of such property by written or printed 
 summons, containing such interrogatories in regard to the 
 property as they may require to be answered on oath, and 
 appointing a certain day for such owner to answer such inter- 
 rogatories, either orally or in writing, and to make such state- 
 ment, or present such proof as he may desire in the premises ; 
 and such notice shall be served on such owner or left at his 
 place of abode at least five days before the day of hearing 
 appointed in such summons. Such owner may answer the 
 interrogatories contained in such summons, and may appear 
 on such return day and answer the same under oath, orallj^ 
 before said Court, and may present such testimony as he may 
 desire and said Court may think necessary and proper to be 
 heard. In case such owner, after being summoned, shall fail 
 to answer in writing on oath, or to appear and answer orally 
 such interrogatories, such Court, after sucii return day has 
 passed, may proceed to re-value and re-assess said property, 
 or add such new property, according to its best judgment and 
 information in the premises ; but no such re-valuation and re- 
 assessment shall be made by such Court without giving such 
 notice ; provided, that nothing in this section shall be construed 
 to apply to the valuation and assessment of new improvements 
 or new property discovered and assessed and returned to the 
 said Court hj the proper assessor whose duty it is to assess 
 and return the same. 
 
 151. The City Kegister shall on each first day of May, July 
 and September make out and deliver to the said Court a full 
 and accurate list of the holders of all loans of the City, the 
 interest of which is payable on such respective dates. 
 
 152. The said Court shall in each year carefully examine 
 the said lists and correct the same by striking therefrom all 
 the holders of said stock who may be exempt from taxation on 
 said stock, and shall, on or before the first day of September, 
 annually deliver one copy of the said list, as corrected by 
 them, to the City Eegister, and one copy thereof to the State 
 Comptroller, setting forth distinctly in said copies the assessed 
 value of the stock mentioned therein.
 
 85 
 
 153. The City Register shall retain from the interest paid 
 on the several City loans to the holders thereof, included in 
 the said corrected list returned to him by the said Court, the 
 State tax imposed for the current year on such loans by the 
 Code of Public General Laws. He shall make such deductions 
 from the installments of interest payable respectively on the 
 first days of May, July and September, and he shall, as soon 
 as practicable after the first day of September of each year, 
 pay over such State tax to the State Comptroller. 
 
 154. If the City Register shall at any time fail to make out 
 and deliver to the said Court the lists of holders of the said 
 stock loans as herein required, it shall be the duty of the said 
 Court to ascertain in such manner as they may deem most 
 accurate the amount of said stock loans of the City of Balti- 
 more outstanding on the first day of May, July and September 
 in the year in which such failure or refusal shall take place, 
 and on or before the first day of September in said year make 
 and deliver one copy of a statement certified by them, showing 
 the amount of said stock so ascertained by them, and its 
 assessed value, to the City Register, and one copy thereof to 
 the State Comptroller ; and the City Register shall thereupon 
 pay the tax aforesaid, which he is in section 153 of this Article 
 directed to deduct from the interest payable on said loans ; 
 but the City Register shall not be required to set apart and 
 pay over the said tax on any part of said stock loans which he 
 may satisfy the State Comptroller by a certificate to that efiect, 
 signed by the said Court, or by other satisfactory evidence, was 
 held on the first day of May, July and September in the year 
 for which the tax may become due, and by any person entitled 
 under the laws of this State to hold the same free from taxa- 
 tion. 
 
 155. Each member of the said Court shall receive fifty 
 dollars, annually, for the services required in the three pre- 
 ceding sections; and the City Register, the sum of three 
 hundred dollars for the service therein required of him ; the 
 said sums to be paid by the Treasurer on the warrant of the 
 State Comptroller in pursuance of Article 81, section 93, of 
 the Code of Public General Laws. 
 
 156. Whenever any person shall make application for an 
 allowance or deduction on account of the sale, transfer, aliena- 
 tion, loss or removal of any property, or the collection or
 
 86 
 
 payment of any public or private security for money, tlie said 
 Court shall interrogate him on oath in reference thereto, and the 
 disposal of the same, and especially inquire of him to whom 
 the same has been sold or transferred, and the amount of the 
 purchase money or the money collected, and how the same 
 has been invested. 
 
 157. The said Court shall also interrogate the said person 
 on oath in reference to any acquisitions or investments made 
 by him, and not already assessed, and the amount of all such 
 acquisitions and investments shall be added to his assessable 
 property, and if he refuses to answer, no allowance or deduction 
 shall be made ; they shall also have power to summon before 
 them any person whom they may know or be credibly informed 
 has acquired new property, or whose account of taxable prop- 
 erty may, in their judgment, require revision and correction, 
 and examine such person on oath touching the same ; and any 
 person so summoned, and refusing to appear, and any person 
 refusing to be sworn, or to answer touching said amount or 
 touching his or her property, shall be liable to prosecution 
 therefor, and, upon conviction, shall be fined not exceeding fifty 
 dollars for each oifense, to be collected as other fines are 
 collected. 
 
 158. Any person who shall remove to the City of Baltimore 
 from any County or City in which his property has been 
 assessed, and whose personal property has not been assessed in 
 the City of Baltimore, or any person whose property or some 
 part thereof, has not been assessed, shall, when required by 
 said Court, give to said Court a full and particular account of 
 his personal property in the County or City from which he has 
 removed, and of all the personal property in his possession or 
 under his care and management, liable to be assessed, and 
 which before that time shall not have been assessed in the City 
 of Baltimore, and the name of the person to whom it belongs. 
 
 159. If any person shall, when required by said Court, 
 after ten days' notice, neglect to render the account required in 
 the last preceding section, he shall be fined a sum not exceed- 
 ing fifty dollars, to be collected as other fines are collected ; 
 and the said Court shall, on its own knowledge and on the 
 best information they can obtain, value the property of such 
 person to the utmost sum they believe the same to be worth in
 
 87 
 
 cash, and on the return of said valuation thej shall certify the 
 said refusal or neglect, and the said Court shall assess such 
 person according to the sum so returned, and the same shall 
 be collected as the assessment. 
 
 160. Whenever any person shall apply to the said Court for 
 allowance or deduction on account of the removal of property 
 from the City of Baltimore to a County or City, the said Court 
 shall ascertain of the party applying to what place within the 
 State the property has been removed, and shall inform the 
 proper authorities of the place to which the property is 
 removed of the fact of such removal. 
 
 161. The said Court shall direct their clerk to enter and 
 record in a book or books, to be provided for the purpose, an 
 accurate and fair account of all jaroperty of every sort within 
 the City of Baltimore, subject to taxation, and the valuation 
 and assessment thereof, and an alphabetical list of the owners 
 thereof, properly arranged, according to the several wards of 
 the City of Baltimore and a correct description and location 
 of the said property so valued and assessed. Any owner of 
 property shall at all times be permitted to inspect the record 
 of his own property contained in said book. 
 
 162. The clerk of said Court shall transmit to the State 
 Comptroller annually, within thirty days after the annual levy 
 of taxes for the State, a return of the assessments of property 
 in the City of Baltimore, showing the amount thereof ; and 
 for neglecting or refusing to perform this duty the clerk so 
 neglecting or refusing shall be subject to presentment, and 
 upon conviction thereof in the Criminal Court of Baltimore 
 City, to a penalty of one hundred dollars, for the use of the 
 State. 
 
 163. The State's Attorney of the City of Baltimore shall 
 give information of such neglect or refusal to discharge the 
 duties prescribed in the preceding section to the Grand Jury 
 of the City, upon being advised thereof by the State Comp- 
 troller. 
 
 164. Repealed by Act of 1900, Chapter 4. 
 
 164 a. The Appeal Tax Court of Baltimore City shall have 
 the power at any time to value and assess all personal prop-
 
 88 
 
 erty and to revise such valuations and assessments and to revise 
 all valuations and assessments of real property in said City and 
 to lower or increase said assessment of real or personal prop- 
 erty and to take steps for the discovery and assessment of all 
 unassessed property of every kind. And it shall be the duty 
 of said Court at least once in every five years to carefully 
 make such general revision of all of the assessable property 
 in said City. Whenever said Court shall purpose to alter or 
 change any assessment or make any new assessment they shall, 
 before such assessment is made, give at least five days' notice 
 thereof in writing to the owner of the property to be assessed 
 or reassessed, and if any owner be not found within the limits 
 of said City, then to the person in possession of the property 
 to be assessed or in whose custody the same may be, or if it be 
 land, and no one be in apparent occupancy thereof, then by a 
 notice posted on said land. The said Court in order to make 
 any valuation, assessment, re-valuation or re-assessment shall 
 have power to summon before it any person and to interrogate 
 him in reference to the existence, situation or value of any 
 property liable to assessment by said Court, and any person 
 so summoned and refusing to appear, and any person refusing 
 to be sworn or to answer touching said value, re-valuation or 
 assessment, or touching his or her property, shall be liable 
 to prosecution therefor, and upon conviction, shall be fined 
 not exceeding one hundred dollars, to be collected as other 
 fines are collected. 
 
 164 b. If any clerk, assessor or employee appointed by the 
 Appeal Tax Court shall neglect to perform the duties required 
 of him by law or by said Court, he shall be liable to be dis- 
 charged by said Court in its discretion ; and if any such clerk, 
 assessor or employee shall receive any consideration or pay- 
 ment designed or intended to influence his conduct or act in the 
 perfoi^mance or omission of his duties as prescribed by law 
 or by said Court as such clerk, assessor or employee, or shall 
 corruptly do or permit to be done or omit to do any act in 
 discharge of his said duties he shall be liable to immediate 
 dismissal by said Appeal Tax Court, and shall be also liable 
 to indictment therefor, and upon conviction shall be fined not 
 exceeding five hundred dollars for each offense and also to 
 imprisonment in the jail or penitentiary for not more than one 
 year, in the discretion of the Court.
 
 89 
 
 165. The clerks of the several courts in the Citj of Balti- 
 more shall annually, on or before the first day of October, 
 transmit to the said Court a list of all the alienations of prop- 
 erty, chancery sales made by trustees and finally ratified, and 
 of all judgments and decrees recorded in their respective offices 
 or rendered in their respective courts since they last furnished 
 a list of the same, which list shall show the property alienated, 
 and the amount due on the judgments or decrees, so as to 
 enable the said Court to assess the parties to whom the prop- 
 erty is conveyed or the money due. 
 
 166. No person shall be chargeable with the assessment of 
 property which he may have alienated, but the same shall be 
 chargeable to the alienee ; and the said Court shall, from time 
 to time, correct the account of any person who may have parted 
 with the possession of any propert}^, and the same so taken off 
 shall be charged to the person who may have acquired posses- 
 sion of the propert}^, unless the same shall have been removed 
 from the City. 
 
 167. The said Court is directed to alter and correct the 
 account of any person who may have disposed of or acquired 
 any property since the last assessment, or whose property or 
 any part thereof may have been omitted, if the report of such 
 disposition, acquisition or omission be supplied by satisfactory 
 evidence ; and if real estate or other property shall from any 
 cause have increased or decreased in value since the last 
 assessment the said Court shall correct and alter the assess- 
 ment of the same, so as to conform to its present value. 
 
 168. The Register of Wills of Baltimore City shall annually, 
 on or before the first day of October, return to the said Court 
 a summary account of all property that shall appear by the 
 records of the Orphans' Court of Baltimore City to be in the 
 hands of each executor, administrator or guardian as such ; 
 and all such property, if not before assessed, shall then be 
 assessed, and every executor, administrator or guardian shall 
 be liable to pay the taxes levied thereon, and shall be allowed 
 therefor by the Orphans' Court in his accounts, and the said 
 Register of Wills, for the duties imposed by this section, shall 
 be allowed such compensation as the said Appeal Tax Court 
 may deem proper. Should the clerk or Register fail to per- 
 form the duties imposed by this section, he shall be guilty of
 
 90 
 
 a misdemeanor, and shall be liable to indictment, and on con- 
 viction shall be fined not exceeding one hundred dollars. 
 
 169. In all cases where discoveries of assessable property 
 are made bj the said Appeal Tax Court, either from the returns 
 of clerks, registers or assessors, or in any other way, the said 
 Court shall assess the same, and add the same to the amount 
 on which taxes are to be levied. 
 
 170. Any person or persons, or corporation assessed for 
 real or personal property in the City of Baltimore and claiming 
 to be aggi'ieved because of any assessment made by the said 
 Court, or because of its failure to reduce or abate any existing 
 assessment, may by petition appeal to the Baltimore City Court, 
 to review the assessment. The Mayor and City Council of 
 Baltimore may also appeal from any decision of said Court to 
 the Baltimore City Court if it deem the public interests require 
 that the decision of said Court should be reviewed. The peti- 
 tion in such appeal, other than the petition of the City, shall 
 set forth that the assessment is illegal, specifying the grounds 
 of the alleged illegality, or is erroneous by reason of overvalu- 
 ation, or is unequal in that the assessment has been made by a 
 higher proportion of valuation than other real or personal prop- 
 erty on the same tax roll, by the same officers, and that the peti- 
 tioner is, or will be, injured by such alleged illegality, unequal 
 or erroneous assessment. The petition of the Mayor and City 
 Council of Baltimore shall set forth wherein the decision of said 
 Court is erroneous and such other facts as may be necessary to 
 inform the Baltimore City Court of the claim of the City. A 
 summons shall issue for the respondent or respondents named 
 in the petition of the City returnable on such a day as the Balti- 
 more City Court may appoint for a hearing of the matter 
 averred in such petition. All such appeals shall be taken within 
 thirty days after an assessment has been made as aforesaid, or 
 within thirty days after the refusal to reduce or abate an exist- 
 ing assessment, or within thirty days after the action of said 
 Court complained of by the City. On such appeals the Balti- 
 more City Court shall appoint a day for hearing said appeals, 
 which shall not be less than five or more than thirty days after 
 the expiration of the thirty days' limit for taking appeals as 
 aforesaid ; and shall direct the clerk of the said Baltimore City 
 Court to issue a subjMeiKi duces tecum to the Judges of said 
 Appeal Tax Court, requiring them to produce and deliver to
 
 91 
 
 said Baltimore City Court the record of the proceedings of the 
 said Appeal Tax Court, and all maps, plats, documents and 
 other papers connected with the said record ; the said Baltimore 
 City Court shall have full power to hear and fully examine the 
 subject and decide on said appeals, and for that purpose it is 
 hereby authorized and empowered to adjourn from time to 
 time, and may cause all or any of such appeals to be consoli- 
 dated, or may hear and decide them separately, and may 
 require the said Judges of the Appeal Tax Court, their clerks, 
 surveyors or other agents and servants, or any of them, and all 
 such other persons as the Baltimore City Court may deem 
 necessary to attend, and examine them on oath or affirmation ;. 
 and may permit and require all such explanations, amend- 
 ments and additions to be made to and of the proceedings 
 as the Court shall deem requisite. The person or the City 
 appealing to the said Baltimore City Court shall have a trial 
 before the Court without the intervention of a jury, and the 
 Court sitting without a jury shall ascertain or decide on the 
 proper assessment, and shall not reject or set aside the record 
 of the proceedings of the said Judges of the said Appeal Tax 
 Court for any defect or omission in either form or substance, 
 but shall amend or supply all such defects and omissions, and 
 assess, increase or reduce the amount of the assessment, and 
 alter, modify and correct the records of proceedings in all or 
 any of its parts, as the said Baltimore City Court shall deem 
 just and proper, and shall cause the proceedings and decisions 
 on said appeals to be entered in the book containing the record 
 of proceedings of the said Baltimore City Court, certified by 
 the Clerk under the seal of the Baltimore City Court, and the 
 book to be transmitted to the Judges of the said Appeal Tax 
 Court, which shall be final and conclusive in every respect, 
 unless an appeal be taken to the Court of Appeals. Such 
 record book or copy of the proceedings therein, or any part of 
 such proceedings, whether in or out of Court, certified by the 
 Judges of the said Appeal Tax Court, under seal of said City, 
 shall be evidence in any Court in this State, and the Judge of 
 said Baltimore City Court shall have full power, in his discre- 
 tion, to require the cost of any appeal or any part thereof, to 
 be paid by all or any of the appellants, or by the City, as the 
 circumstances of each appeal, in his opinion, shall justify. 
 In no case shall any such a23peal stay or siispend the power or 
 duty of the City to levy or collect taxes upon the property 
 involved in said appeal, but such levy and collection shall pro- 
 ceed in all respects as if no appeal had been taken. If a final
 
 92 
 
 judgment shall not be given in time to enable the assessors or 
 other officers to make a new or correct statement for the use of 
 the proper authorities in levjdng taxes, and if it shall appear 
 from such judgment that said assessment was illegal, erroneous 
 or unequal, then there shall be audited, allowed and paid to 
 the petitioner bj the Comptroller the amount, with interest 
 thereon from the date of the payment, in excess of what the 
 tax should have been, as determined by said judgment or order 
 of the Baltimore City Court. And if on the appeal by the 
 City the Baltimore City Court should decide that the valuation 
 and assessment was erroneous and less than what it should 
 have been, or that the property should be assessed, the Balti- 
 more City Court shall ascertain and fix the valuation and 
 assessment of said property, then the Comptroller shall audit 
 and charge the respondent or respondents with the difference 
 in said valuation and assessment as fixed by the Baltimore City 
 Court and that fixed by the Appeal Tax Court, which amount 
 of difference shall be a lien on the property involved in the 
 proceedings. An appeal may be taken to the Court of Appeals 
 by either the petitioner or petitioners or the City within ten 
 days after the rendition of said judgment or order by the 
 Baltimore City Court, and the record shall be immediately 
 transmitted to the Court of Appeals, which Court shall imme- 
 diately hear and determine the questions involved in said 
 appeal. 
 
 171. In the year eighteen hundred and ninety-eight, and 
 in all succeeding years thereafter, the valuation of the property 
 subject to taxation in the City of Baltimore, as it shall appear 
 upon the assessment books of said Court on the first day of 
 October in each and every year, shall be final and conclusive, 
 and constitute the basis upon which taxes for the next 
 ensuing fiscal year shall be assessed and levied ; provided, 
 that the foregoing provision shall not apply to proj^erty in the 
 City liable to taxation, and which may have escaped, or which 
 may have been omitted, in the regular course of valuation, 
 but such property shall be valued and assessed, and the owner 
 or owners thereof charged with all back and current taxes 
 justly due thereon, whenever the same may be discovered and 
 placed upon the assessment books, and provided that the pro- 
 visions of this section shall not apply to the taxes levied for 
 the year eighteen hundred and nine-eight, after the passage of 
 this Article. The said Court shall, on the first day of October, 
 or as soon thereafter as practicable, in the year eighteen hun-
 
 93 
 
 died and ninety-eiglity, and in all succeeding years thereafter, 
 make out and deliver to the City Collector and Board of Esti- 
 mates each, a statement showing the valuation and assessment 
 of all the property subject to taxation in said City, as it shall 
 appear upon the assessment books of said Court on said first 
 day of October; such statement shall contain an alphabetical 
 list of all owners to whom any ])roperty in said statement has 
 been valued and assessed, properly arranged according to the 
 several wards of the Cit}^ with the location and description of 
 the property of each of said owners. The said statement 
 shall be known as the taxable basis for the next ensuing fiscal 
 year, and after the levy of taxes, it shall be designated as the 
 tax roll for said year. The said Court shall perform such 
 other duties as may be prescribed by law or ordinances not 
 inconsistent with this Article. 
 
 172. The Commissioners for Opening Streets shall be the 
 second sub-department of Review and Assessment, and the 
 head of this sub-department shall be a Board composed of 
 three persons, appointed by the Mayor in the manner prescribed 
 in section 25 of this Article, and removable as therein pro- 
 vided. One of their number shall be President, and shall be 
 so designated when appointed by the Mayor. Their term of 
 office shall be for three years, one Commissioner to retire 
 every year ; except that the Commissioners first appointed shall 
 determine by lot their terms of office, so as to provide for the 
 termination of the term of one Commissioner each at the end 
 of the first and second years. The said Commissioners shall 
 receive a salary of one thousand eight hundred dollars each 
 per annum, payable monthly. The said Commissioners shall 
 be charged with the duty of opening, extending, widening, 
 straightening or closing any street, lane, alley or part thereof 
 situated in Baltimore City whenever the same shall have been 
 directed by ordinance to be done, and shall perform such other 
 duties as the Mayor and City Council of Baltimore may by 
 ordinance prescribe. The said Commissioners shall appoint 
 a Clerk, who shall be paid a salary of one thousand five hun- 
 dred dollars per annum, payable monthly, and shall perform 
 such duties as the Commissioners may prescribe. The s.aid 
 Commissioners may also appoint such other employees as the 
 Mayor and City Council of Baltimore by ordinance may direct, 
 and fix their compensation, not to exceed in the aggregate the 
 amount appropriated by ordinance.
 
 94 
 
 173. The Clerk of said Commissioners shall keep a record 
 of their proceedings in a book provided for the purpose, and 
 in such form as the City Solicitor may prescribe ; and the said 
 Clerk shall record in said book all orders made by the Com- 
 missioners in regard to the performance of their duties, and 
 make true copies of all notices by them directed to be pub- 
 lished, and of the certificate of the publication thereof, and 
 shall perform such other clerical duties as the said Commis- 
 sioners shall require. 
 
 174. When the said Commissioners shall assess -a sum of 
 money to be paid by any person or persons, for benefits derived 
 by such person or persons from ojjening, extending, widening, 
 straightening or closing any street, lane or alley, or part thereof, 
 and shall assess a sum of money to be paid to the same person 
 or persons for damages sustained by said opening, extending, 
 vi^idening, straightening or closing, it shall and may be lawful, 
 upon a certificate of title from the City Solicitor, for the City 
 Register or City Collector to receive from such person or per- 
 sons an assignment for the sum or sums so assessed as dam- 
 ages aforesaid. 
 
 175. Whenever the Mayor and City Council of Baltimore 
 shall hereafter by ordinance direct the Commissioners for 
 Opening Streets to lay out, open, extend, widen, straighten or 
 close up, in whole or in part, any street, square, lane or alley, 
 within the bounds of this City, the said Commissioners, having 
 given the notice required by law of their first meeting to execute 
 the same, shall meet at the time and place mentioned in said 
 notice, and from time to time thereafter, as may be necessary, 
 to exercise the powers and perform the duties required of 
 them by said ordinance, and shall ascertain whether any and 
 what amount of value in damage will thereby be caused to the 
 owner of any right or interest in any ground or improvements 
 within or adjacent to the City of Baltimore, for which, taking 
 into consideration all advantages and disadvantages, such 
 owner ought to be compensated ; and the said Commissioners 
 having ascertained the whole amount of damages for which 
 compensation ought to be awarded, as aforesaid, and having 
 added thereto an estimate of the probable amount of expenses 
 which will be incurred by them in the performance of the duties 
 required of them, as aforesaid ; and also of the expenses 
 incurred by the City Register by reason of said proceedings,
 
 95 
 
 shall proceed to assess all the ground and improvements within 
 and adjacent to the City, the owners of which, as such, the 
 said Commissioners shall decide and deem to be directly bene- 
 fited by accomplishing the object authorized in the ordinance 
 aforesaid ; and should the direct benefits, assessed as afore- 
 said, not be equal to the damages and expenses incurred, the 
 balance of said expenses and damages shall be paid by the 
 City Register, and provided for in the general levy. 
 
 176. In every case where it shall be necessary, in order to 
 eifect the object proposed under any of the ordinances provid- 
 ing for the laying out, opening, widening or straightening in 
 whole or in part any street, square, lane or alley, that a portion 
 only of a lot and improvements shall be taken and used or 
 destroyed, and the owner or owners thereof shall claim to be 
 compensated for the whole, the said Commissioners in such 
 cases may, if they deem it best and not otherwise, accept a 
 surrender in writing of the whole of said lot and improve- 
 ments, or the whole of said improvements, from said owner or 
 owners, in which event the said Commissioners shall ascer- 
 tain the full value thereof, as if the whole lot or lots and 
 improvement or improvements, as the case may be, were neces- 
 sary to be taken and used for such proposed object, and the 
 whole amount of such valuation when finally decided on shall, 
 be paid or tendered to the said owner or owners before any 
 part thereof shall be destroyed, removed or used, unless such 
 owner or owners shall assent thereto in writing, as now pro- 
 vided for by law ; and the said Commissioners, after giving 
 ten days' notice in two of the daily newspapers of the City of 
 the time and place, manner and terms of sale, shall sell by 
 public auction to the highest bidder the materials of any house 
 or houses which it shall be necessary to remove, in whole or 
 in part, and also the residue of any lot of which a part shall be 
 taken and used to effect the object confided to the Commis- 
 sioners, and which residue shall have been, with the consent 
 of the Commissioners aforesaid, surrendered by the owners as 
 aforesaid ; the purchase money to be paid when full possession 
 shall be given of the property or material so sold, and the said 
 Commissioners or a majority of them on receiving the purchase 
 money aforesaid, and not before, shall by a good and sufiicient 
 deed convey the lot or lots of ground by them so sold to the 
 purchaser ; but no such sales shall be made until after the 
 Commissioners have assessed the entire amount of damages
 
 96 
 
 and expenses as are now to be assessed by existing ordi- 
 nances relating to the condemnation of streets, nor until all 
 damages for taking said property shall have been paid or ten- 
 dered to the proper party or parties or invested or paid into 
 Court as by law required, nor until the said Commissioners 
 are able to give possession to the said purchaser or purchasers 
 of property and materials aforesaid, and the said Commis- 
 sionrs are duly empowered to take and receive a good and 
 suthcient bond from the purchaser or purchasers aforesaid, 
 with a penalty to the Mayor and City Council of Baltimore, 
 conditioned that the purchase money be duly paid at such time 
 as the said Commissioners shall demand the same, and con- 
 ditioned further that said purchaser or purchasers shall remove 
 within sixty days after notice from the said Commissioners 
 from the bed of the street all such materials so sold, and all 
 rubbish or other obstructions in said street occasioned thereby ; 
 and in the event of the purchaser or purchasers not comply- 
 ing with the terms of said sale, the Commissioners shall re-sell 
 the said lot or lots, and improvement or improvements, as the 
 case may be, at the risk of the former purchaser, giving not 
 less than five days' notice of said re-sale in two of the daily 
 newspapers of the City aforesaid ; provided, however, that 
 where, in the judgment of said Commissioners, a part only of 
 the whole of the improvements of any lot can be taken without 
 destroying the whole of said lot or said improvements, for the 
 purpose for which lot or improvements are used, or for build- 
 ing purposes, the said Commissioners shall only condemn such 
 part of said whole lot or improvements as is necessary for the 
 proposed object, and shall award to the owner or owners of 
 the part of the lot or improvements so taken such damages 
 and assess upon the remainder thereof such benefits as in their 
 judgment shall be right and proper ; and provided, further, that 
 in all cases w^here there are sheds or other obstructions lying 
 and being in beds of streets, lanes, roads or alleys, in process 
 of opening or widening, where the same will not, in the judg- 
 ment of the Commissioners for Opening Streets, sell by public 
 auction for the amount of the expenses of said sale, then the 
 said Commissioners for Opening Streets may, and they are 
 hereby authorized, to sell the same at private sale. 
 
 177. As soon as the Commissioners aforesaid shall have 
 completed the valuation of damages to be ascertained by them 
 as directed by this Article, they shall cause a statement thereof 
 to be made out for the inspection of all persons desiring infor-
 
 97 
 
 mation of its contents, and such statement, together with an 
 exphmatorj map or maps, shall contain a description of each 
 separate lot or parcel of ground deemed to have sustained 
 damages, its dimensions, the name of the street, lane or alley 
 on which it bounds, the names of all persons supposed to have 
 any estate or interest in it, and the amount of damages as 
 valued by the Commissioners ; and if there be any house or 
 other improvements on it, necessary to be removed, in whole 
 or in part, such description thereof as the Commissioners shall 
 deem necessary ; and in like manner a description of each parcel 
 of ground deemed by the Commissioners to be benefited, the 
 name or names of such person or persons as may be supposed 
 to have any estate or interest therein, and the amount assessed 
 thereon for benefits ; and the said Commissioners shall cause 
 a notice to be published for four successive days in two daily 
 newspapers of the City, stating the extent of the ground covered 
 by the assessment, and that such statement and maps are ready 
 for the inspection of all persons interested therein ; and that 
 the Commissioners will meet at their office on a day to be 
 named in said notice, which shall be within ten days after the 
 first publication of such notice, for the purpose of reviewing 
 any of the matters contained in such statement to which any 
 person claiming to be interested shall make objection ; and the 
 Commissioners shall meet at the time and place so appointed, 
 and shall hear and consider all such representations or testi- 
 mony on oath or affirmation, verbal or in writing, in relation 
 to any matter in said statement which shall be offered to them 
 on behalf of any person claiming to be interested therein ; and 
 the said Commissioners shall make all such corrections and 
 alterations in the valuations, assessments and estimates, and all 
 other matters contained in the said statements and explanatory 
 map or maps aforesaid, as in their judgment shall appear to 
 them, or a majority of them, to be just and proper ; and they 
 may adjourn, from day to day, if necessary, to give all parties 
 claiming a review an opportunity to be heard, not exceeding in 
 the whole ten days ; and after closing such review the Commis- 
 sioners shall make all such corrections in their statement and 
 explanatory map or maps as they shall deem proper, and cause 
 such statement as corrected to be recorded in their book of 
 proceedings, and certified under the hands and seals of the said 
 Commissioners and their Clerk, and shall deposit the same, 
 together with the explanatory map or maps, as finally corrected 
 by them, and similarly certified to in the office of the City 
 7
 
 98 
 
 Eegister; and it shall be the duty of the City Eegister within 
 five days after said proceedings shall have Ijeen deposited in 
 his otfice, to notify all persons interested by an advertisement, 
 to be inserted once a week for four successive weeks, in two 
 of the daily newspapers of the City, that the said assessment 
 and maps have been so placed in his office, and that the parties 
 affected thereby are entitled to appeal therefrom by petition in 
 writing to the Baltimore City Court. 
 
 178. It shall be the duty of the Clerk of the Commissioners 
 for Opening Streets to serve written or printed notice upon 
 each and every party or parties assessed for damages, caused by 
 the condemnation and opening of any public highway ; provided, 
 however that the service of such notice shall not be so con- 
 strued as to be one of the prerequisites to the condemnation 
 and opening of any street under any ordinance heretofore 
 passed, or hereafter to be passed. 
 
 179. The Mayor and City Council of Baltimore or any 
 person or persons, or corporations, who may be dissatisfied 
 with the assessment of damages or benefits, as hereinbefore 
 provided, may, within thirty days after the return of the 
 corrected statement and map or maps to the Register, and the 
 first publication of the notice thereof by the Register, appeal 
 therefrom by petition, in writing, to the Baltimore City Court, 
 praying the said Court to review the same, and on any such 
 appeal the Court may and shall appoint a day for hearing 
 said appeal, which shall not be less than five or more than 
 thirty days after the expiration of the thirty days limited 
 for taking appeals as aforesaid, and shall direct the clerk 
 of the said Court to issue a subprena duces tecum to the City 
 Register, requiring him to produce and deliver to said Court 
 the record of the proceedings of the said Commissioners 
 in the case, and all maps, plats, documents and papers con- 
 nected with such record, and the said City Court shall have 
 full power to hear and fully examine the subject, and decide 
 on the said appeal, and for that purpose is hereby authorized 
 and empowered to adjourn from time to time, and may 
 cause all such appeals to be consolidated, or may hear and 
 decide them separately, and may require the said Commission- 
 ers, their Clerk, Surveyor, or other agents and servants, or any 
 of them, and all such other persons as the Court shall deem 
 necessary, to attend, and examine them on oath or affirmation, 
 and may permit and require all such explanations, amendments
 
 99 
 
 jand additions to be made to and of the said record of the 
 proceedings as the said Court shall deem requisite ; and the 
 persons appealing to the Baltimore City Court, as aforesaid, 
 shall be secured in the right of a jury trial, and the said Court 
 shall direct the Sheriff of Baltimore City to summon twelve or 
 more persons qualified to be jurors, and shall empanel any 
 twelve disinterested persons so summoned, or attending the 
 Court, to try any question of facts, and if necessary to view 
 any property in the City, or adjacent thereto, to ascertain and 
 decide on the amount of damages or benefits, under the direc- 
 tion of the Court; and the said Court shall not reject or set 
 aside the record of the proceedings of the said Commissioners 
 for any defect or omission in either form or substance, but 
 shall amend or supply all such defects and omissions, and 
 increase or reduce the amount of damages and benefits assessed, 
 and alter, modify and correct the said return of proceedings, 
 in all or any of its parts, as the said Court shall deem just and 
 proper, and shall cause the proceedings and decisions on said 
 returns and appeals to be entered in the book containing the 
 record of the proceedings of the Commissioners, certified by 
 the Clerk, under the seal of the Court, and the book to be 
 transmitted to the City Register, which shall be final and con- 
 clusive in every respect, unless an appeal be taken to the Court 
 of Appeals, and such record book, or a copy of the proceed- 
 ings therein, or any part of such proceedings, whether in court 
 or out of court, certified by the City Register under the cor- 
 porate seal of the City, shall be evidence in any court in this 
 ,State, a.nd the Judge of the Baltimore City Court shall . have 
 full power, in his discretion, to add the reasonable costs of any 
 appeal, to be taxed by him, or any part thereof, to the damages 
 to be collected for opening or closing said street, or to require 
 ,such cost, or any part thereof, to be paid by all or by either of 
 the appellants, as the circumstances of each appeal, in his 
 opinion, shall justify. Upon every appeal to the Baltimore 
 ,City Court from any action of the Commissioners for Opening 
 iStreets both the damages and benefits assessed by the Com- 
 missioners to the appellant shall be open for review and cor- 
 rection by the said City Court. 
 
 180. Whenever any ordinance passed by the Mayor and 
 City Council of Baltimore, providing for the condemnation and 
 'opening, extending, widening or closing of any street, lane or 
 alley in said City, shall be set aside, or declared null and void 
 by a court of competent jurisdiction, to wit : the Baltimore
 
 100 
 
 City Court or the Court of Appeals, in the event of an appeal 
 to that tribunal, or the same shall be repealed bj the City, it 
 shall be the duty of the Comptroller immediately thereafter to 
 draw his warrant on the City Eegister in favor of any and all 
 persons, or their legal representatives, who may have paid into 
 the City Treasury any sum or sums of money on account 
 thereof ; which shall be forthwith paid out of any sums in the 
 Treasury not otherwise appropriated. The Comptroller shall 
 likewise draw his warrant on the City Eegister for the payment 
 of all expenses which may have been incurred by virtue of any 
 such ordinance, in carrying out the provisions thereof, for 
 which the City may be liable under existing ordinances. 
 
 181. If no appeal shall have been prayed, then within ten 
 days after the time hereinbefore limited therefor, or after the 
 return of the decision upon any appeal shall have been made 
 to the City Register, the said City Register shall transfer the 
 said Commissioners' return to the City Collector, who shall 
 proceed forthwith to notify the parties assessed for benefits by 
 means of bills specifying the several sums so assessed, and 
 warning them that if the same be not paid within three months 
 from the date of such transfer of said Commissioners' returns, 
 he will proceed to sell the specific pieces or parts of property 
 on which such unpaid sum or sums of money shall have been 
 assessed, in the manner, and after having given the notice 
 directed by this Article. 
 
 182. If the sums assessed upon the property specified shall 
 not be paid within the time above limited, the City Collector 
 is hereby directed to sell the property, or any part thereof, on 
 which such assessment has been laid, giving thirty days' 
 notice of said sale, in two of the daily newspapers published 
 in the City of Baltimore, the first insertion of said notice to 
 be made in said newspapers within sixty days after the expira- 
 tion of the time limited in this Article for the payment of said 
 benefits ; and the moneys so collected by the City Collector 
 shall be paid over by him to the City as other moneys are 
 directed to be paid over, to be by it paid to the persons enti- 
 tled to receive the same. 
 
 183. In all cases in which the City Collector shall sell any 
 property on account of the non-payment of assessments made 
 for the opening, closing, widening or extension of any sti'eet,
 
 101 
 
 lane or alley, it shall be his duty to sell said property to 
 the extent, and subject to the same conditions which are pro- 
 vided by ordinance for the sale of real estate in the city of 
 Baltimore, charged with the payment of other taxes imposed 
 by this corporation ; and in the event of the purchaser or 
 purchasers failing forthwith to comply with* the terms of said 
 sale, the City Collector shall re-sell the same at the risk of the 
 former purchaser, giving not less than ten days' notice in two 
 of the daily newspapers of the City aforesaid ; and after 
 collecting the benefit assessments he shall forthwith return the 
 said Commissioners' proceedings to the Comj)troller. 
 
 184. The City Collector, on receiving the full amount of the 
 purchase money on such sale, shall execute a deed of convey- 
 ance in favor of the purchaser or purchasers, or their assign 
 or assigns, which deed shall convey a fee simple or leasehold 
 estate, as the case may be, in and to such property, and after 
 deducting the costs of sales, advertising and other necessary 
 expenses, he shall pay the balance of such purchase money to 
 the City, which shall pay over the said balance, after deducting 
 the amount assessed on said property, to the person or persons 
 entitled thereto, on demand, without interest. 
 
 185. All sums of money assessed by the Commissioners 
 aforesaid, upon property deemed by them to be benefited, shall 
 be and continue liens on each several piece of property so 
 assessed, to the amount of its particular assessment, until the 
 same shall be paid to the City ; but no part of any street, 
 square, lane or alley shall be opened on or over the ground of 
 any person or persons, or corporation, adjudged by the Com- 
 missioners to be entitled to damages for said opening, without 
 the consent, in writing, of the person or corporation so enti- 
 tled, until such damages shall be paid, or the amount thereof 
 invested in the City stock, for the use of each person or cor- 
 poration entitled to any part of the compensation for such 
 damages, to the amount of his, her or their respective right 
 and interest therein, of which investment the City Register's 
 certificate, under the corporate seal of the City, shall be com- 
 petent proof. 
 
 186. Any person or persons not claiming title to any lot or 
 piece of property upon which any sums shall be assessed, as 
 aforesaid, may pay the amount of the sum so assessed, within
 
 102 
 
 the time limited, to the City Kegister, and obtain his certificate 
 of having paid such sum without claiming title to the property r 
 and such payment shall vest in the person or persons paying 
 his, her or their heirs, the lien on such lot or property men- 
 tioned in this Ai'ticle. 
 
 187. If it should so happen that any one or more of said 
 Commissioners should be interested in any particular ease, the 
 Mayor shall make a temporary appointment of a Commissioner 
 or Commissioners, to act in the place and stead of such inter- 
 ested Commissioner or Commissioners, who shall take the oath 
 or afiirmation, as the case may be, and in all respects conduct 
 himself and have all the powers as the other Commissioners 
 who are appointed by the Mayor. 
 
 188. Whenever any lot, or part of a lot, or parcel of ground 
 may be taken and included within the lines of any street, lane 
 or alley, or part thereof, and damages assessed therefor, and 
 there shall be an outstanding unexpired term of years therein,, 
 the said Commissioners shall discriminate in their proceedings 
 between the value of fee simple or gi'ound rent interest, and 
 the leasehold interest. 
 
 189. Whenever any obstruction shall have remained in any 
 street, lane or alley, or part thereof so opened, for the space 
 of sixty days after the proceedings of the said Commissioners 
 shall have been returned to the City Register, it shall be the 
 duty of said Commissioners to cause the same to be removed, 
 and to draw on the Register for the expense so incurred, which 
 shall be paid by him, and the Mayor shall forthwith cause a 
 suit for the recovery of said expenses to be instituted against 
 the person or persons by whose default the said obstruction 
 has been suffered to remain, and the same, when recovered, 
 shall be paid to the Register for the use of the City. 
 
 190. In each case of laying out, opening, extending, widen- 
 ing, straightening or closing up, in whole or in part, any street, 
 squai'e, lane or alley, under the provisions of this Article, the 
 said Commissioners shall, for each and every day in which they 
 and their Clerk shall be actually engaged in the performance 
 of their duties, assess, as part of the expenses of their proceed- 
 ings. Si per diem as to each of said Commissioners and their 
 Clerk, '8f four dollars, to be collected as other expenses are, 
 and %' 'be paid to the Register for the use of' the City: ' '-'
 
 103 
 
 191. When the proceedings of the Commissioners for Open- 
 ing Streets in any case are transferred by the City Register to 
 the City Collector, the City Register is authorized and required 
 to pay all the expenses incurred by the Commissioners under 
 the said proceedings. But such expenses shall not remain 
 unpaid more than six months after the completion of any ser- 
 vices performed under said ordinance ; and the Comptroller 
 and Register are directed to pay, within six months after the 
 services have been completed, any such expenses, upon pre- 
 sentation of the proper vouchers or certificates from the Com- 
 missioners for Opening Streets. 
 
 192. The Commissioners for Opening Streets, so soon as 
 they shall have completed their work on each street, shall 
 deposit all papers and books relating thereto in the office of 
 the City Register. The said Commissioners shall perform 
 such other duties as may be required of them by ordinances 
 not inconsistent with this Article. 
 
 193. Whenever the owner or owners of the bed of any 
 of the streets, lanes or alleys of the City, as laid out on 
 Poppleton's plat, or on such plat as the City may adopt, for 
 the territory annexed under the Act of 1888, Chapter 98, shall 
 offer to convey the same to the City, it shall be the duty of the 
 Mayor to obtain the opinion of the City Solicitor in relation to 
 the title to the property and the legality of the deed or deeds, 
 and, if in the opinion of the Mayor, it will be right and proper, 
 and the public good will result therefrom, he is hereby author- 
 ized to receive, in the name of the Mayor and City Council of 
 Baltimore, any deed or deeds so offered to the City ; provided, 
 that no deed shall be for less than one whole square, and that 
 the City shall not incur any expense in receiving the same ; 
 and that a plat setting forth the location, together with the 
 surrounding property, to the extent of two hundred feet, shall 
 accompany said deed. 
 
 194. Whenever any street, lane or alley, or part thereof, 
 shall be conveyed to the City, as provided in the preceding- 
 section, the same shall be a public highway, subject to all ordi- 
 nances and resolutions relating to streets, lanes and alleys in 
 the City of Baltimore. 
 
 195. The Mayor and City Council of Baltimore will not 
 entertain any petition for or remonstrance against the opening,
 
 104 
 
 widening, straightening or closing of any street, lane or alley 
 in the City of Baltimore, unless the signers of such petition or 
 remonstrance shall state the location of the property they 
 represent, together with the number of front feet of the same. 
 
 Division Embracing Municipal Officers not included in any 
 
 Department. 
 
 196. City Librarian. — There shall be an official of the Mayor 
 and City Council of Baltimore, to be known as the City Libra- 
 rian. He shall be appointed by the Mayor in the manner 
 prescribed in section 25 of this Article and hold his office as 
 therein provided. The said Librarian shall, under the super- 
 vision and direction of the City Register, take under his charge 
 and keeping all the books and documents of every description, 
 and the archives, records, papers and proceedings of the Mayor 
 and City Council of Baltimore, except as is otherwise herein 
 provided, now in the possession of other municipal officers, 
 entrusted with them by the City, or which may hereafter come 
 into the possession of the City, and also all the ordinances, 
 resolutions, and proceedings of the City Council after each and 
 every session thereof ; and he shall arrange and classify, so as to 
 be easily found when needed, all the books, documents, records, 
 papers, ordinances and resolutions, and proceedings hereby 
 placed and hereafter to come under his charge and keeping ; 
 and he shall furthermore carefully collect and arrange and 
 safely keep a complete series of ordinances and resolutions and 
 proceedings of the Mayor and City Council of Baltimore, and 
 all other books, papers and memorials relating to Baltimore, 
 from its beginning as a town to the present time, and this shall 
 continue to be one of his regular duties, and he shall not permit 
 any book or books, or documents of said series to be taken or 
 removed by any one from the City Library, and he shall permit 
 no other book, document, record or paper of any sort to be 
 taken from the City Library, except by City officers, and then 
 only on a written receipt from such City officer or officers for 
 the same, which receipt shall be written in a book to be kept 
 for that purpose, and shall be duly cancelled on the return of 
 the book, documents, records or papers so borrowed ; and he 
 shall see that no books, documents, records or papers of any 
 sort be lost or mislaid by said City officers ; he shall also care- 
 fully prepare and keep an index for that purpose of all the 
 books, documents, records and papers of said library. Room 
 shall be provided in the City Hall, and properly furnished for
 
 J05 
 
 the reception and custody of said library. The salary of the 
 City Librarian shall be one thousand five hundred dollars per 
 Jinnum, payable monthly ; and he shall give a good and suffi- 
 cient bond, to be approved as authorized by this Article, in 
 the sum of five thousand dollars, for the faithful performance 
 of his duties in the premises. 
 
 197. Each of the departments, sub-departments, municipal 
 officers not embraced in a department, and special commis- 
 sions or boards of the Mayor and City Council of Baltimore 
 shall, on or before the first day of December in every year, 
 furnish to the City Librarian a schedule of all stationery and 
 printed matter, which may be required for the use of such 
 departments, sub-departments, municipal officers and commis- 
 sions or boards for the year commencing on the first day of 
 January thereafter. It shall be the duty of the City Librarian 
 twenty days prior to the first day of January in each year, to 
 advertise for proposals for furnishing all such stationery and 
 printed matter as may be required by the respective depart- 
 ments, sub-departments, municipal officers and commissions or 
 boards of the City, exce23t stationery for the public schools, for 
 the ensuing fiscal year. No proposals shall be received from 
 any but those actually engaged in the printing and stationery 
 business in Baltimore ; such proposals, when received, shall be 
 opened, and the contracts awarded in the manner now or which 
 may hereafter be prescribed by ordinance ; the right to reject 
 any bid that shall not be deemed for the best interest of the 
 City is hereby reserved. All contracts which may be awarded 
 in pursuance of the provisions of this section shall contain a 
 clause stipulating that any stationery or printed matter which 
 may be required for the use of any department, municipal 
 officers and commissions or boards aforesaid of the City, over 
 and above the quantity specially designated in said contracts, 
 shall be furnished by the contractors at the same rate charged 
 for articles which are specially mentioned in said contracts, 
 and if any supplies are required which are not mentioned in 
 said contract they shall be furnished at the lowest market 
 rates. It shall be the further duty of the City Librarian to 
 furnish to each of the departments of the City, sub-departments, 
 municipal officers not embraced in a department and special 
 commissions or boards, from time to time, upon the requisition 
 of the heads of said departments, sub-departments, municipal 
 officers and commissions or boards, the stationery and printed 
 matter, except stationery for the public shools, which may be
 
 106 
 
 necessary for the use of said departments, sub-departments, 
 municipal officers not embraced in a department and special 
 commissions or boards, and to keep an accurate account of 
 all supplies which may be so furnished ; and he shall annually 
 report to the City Council of Baltimore the quantity of station- 
 ery and printed matter which he shall have furnished to the 
 respective departments, sub-departments, municipal officers and 
 commissions or boards during the preceding fiscal year, and 
 the expense of the same. 
 
 198. The City Librarian is hereby authorized and directed 
 to appoint two assistants, to be known as First Assistant 
 Librarian and Second Assistant Librarian, who shall perform 
 such duties as the Librarian shall from time to time prescribe 
 and direct, and for whose acts the Librarian shall be held 
 responsible. The First Assistant shall give such bond as pro- 
 vided by ordinance and approved by the Mayor. In the event 
 of the necessary absence of the Librarian, from sickness or 
 other cause, the First Assistant, with the approbation of the 
 Mayor, shall have full power and authority to perform all the 
 duties of the Librarian. The salary of the First Assistant 
 Librarian shall be nine hundred dollars per annum, payable 
 monthly, and the salary of the Second Assistant shall be seven 
 hundred and fifty dollars per annum, payable monthly. 
 
 199. There shall be opened, under the direction of the City 
 Librarian, a set of books in which shall be entered all requisi- 
 tions made upon the City Librarian from the different depart- 
 ments, sub-departments, municipal officers and commissions or 
 boards of the Mayor and City Council of Baltimore, from time 
 to time, and each department, sub-department, municipal offi- 
 cer and commission or board shall be charged with all books, 
 stationery and printed matter it may receive from said Libra- 
 rian ; there shall be kept a record of all bids received for books, 
 stationery and printed matter and of the acceptance or rejection 
 thereof. The City Librarian shall permit no bid once filed in 
 his office to be withdrawn therefrom. There shall be copied 
 and filed away all contracts made or entered into between 
 bidders and the City Librarian ; and there shall be annually 
 prepared a general statement of all the transactions of the 
 City Librarian's office, and presented to the City Council. 
 
 200. The City Library shall be kept open daily from'Q AT 
 M. to 4 P. M., and during the sessions of the City Council and
 
 107 
 
 at such other times as may be necessary or may be prescribed 
 by ordinance, with the Librarian or his Assistants in attend- 
 ance. 
 
 201. Art Commission. — There shall be an Art Commission, 
 to consist of the Mayor of the City of Baltimore and seven 
 others, to be named by the following institutions, and appointed 
 by the Mayor in the manner prescribed by section 25 of this 
 Article, and hold their offices as therein provided : One shall 
 be named by the Maryland Historical Society, one by the 
 Johns Hopkins University, one by the Peabody Institute, one 
 by the Maryland Institute for the Promotion of the Mechanic 
 Arts, one by the Architectural Club of Baltimore, one by the 
 Board of Park Commissioners, and one by the Charcoal Club ; 
 the members of the Commission shall serve without pay. If 
 any of said institutions shall fail to name a Commissioner for 
 thirty days after having been requested in writing by the 
 Mayor so to do, the Mayor shall name such Commissioner. 
 
 202. No statute, ornamental fountain, arch or gateway, 
 monument or memorial of any kind shall be erected, nor any 
 change made in those already erected in any public street, 
 avenue, square, place, park or municipal building in the City 
 of Baltimore unless the design and site or proposed change 
 for the same shall have been submitted to the Commission and 
 approved by a majority thereof, and its report shall have been 
 made to the City Council ; said report shall be made within 
 thirty days from the time when the design and site or pro- 
 posed change as above specified shall have been submitted to 
 the Commission for its approval. 
 
 203. The Commission shall, at the request of the Mayor, or 
 the City Council, give its advice as to the suitability of the 
 design for any public building, bridge or other structure, and 
 shall report thereon in writing to the City Council. All vacan- 
 cies in said Commission shall be filled by the Mayor from 
 those named by the institutions as herein provided ; and in 
 case any of said institutions fail for thirty days, after receiving 
 the request of the Mayor, to name a person to fill the .said 
 vacancy, the Mayor shall fill it with a person of his own 
 selection. 
 
 204. Superintemlent of Lamps ami Lightimj. — There shall 
 be a Superintendent of Lamps and Lighting, who shall be
 
 108 
 
 appointed by the Mayor in the manner prescribed in section 25 
 of this Article, and hokl his office as therein provided. He 
 shall have under his charge and supervision the lighting of the 
 City of Baltimore, and shall perform the duties now performed 
 by the General Superintendent of Lamps and Inspector and 
 Sealer of Gas Meters, and such other duties as may be 
 prescribed by ordinances, not inconsistent with this Article. 
 He shall have power to appoint an assistant, who shall perform 
 all the duties now performed by the Inspector of Illuminating 
 Gas and Oils. The Superintendent of Lamps and Lighting 
 shall have the power to appoint such number of district super- 
 intendents of lamplighters as the requirements of the City may 
 demand and as are necessary to properly care for the lamps 
 and lighting of the City, and fix their compensation, not to 
 exceed in the aggregate the amount appropriated by ordinance. 
 He shall have power to appoint such clerks and employees as 
 may be necessary to properly conduct his office, and as the 
 annual appropriations of the City for his use in the discharge 
 of his duties may warrant. The compensation of the Superin- 
 tendent of Lamps and Lighting ^hall be two thousand dollars 
 per annum, payable monthly, and his assistants and the clerks 
 and employees under him shall be paid such fixed salaries as 
 may be prescribed by ordinance, and not in fees ; all fines and 
 inspection fees shall be paid to the Comptroller. 
 
 205. Surveyor.— There shall be a Surveyor, to be elected 
 on the Tuesday next after the first Monday of November in the 
 year eighteen hundred and ninety-nine, and on the same day in 
 every second year thereafter, and whose term of office shall 
 commence on the first Monday in January next ensuing after 
 his election ; his duties and composition shall be prescribed by 
 the ordinances of the Mayor and City Council of Baltimore. 
 Any vacancy in the office of Surveyor shall be filled by the 
 Mayor and City Council of Baltimore for the residue of the 
 term. 
 
 206. Constables. — There shall be two Constables for every 
 ward of the City of Baltimore, who shall be appointed by the 
 Mayor and City Council of Baltimore, and hold their offices 
 for two years. Their duties and compensation shall be the 
 same as are now, or may hereafter be prescribed by law or 
 ordinances.
 
 109 
 
 207. Superintendent of Public Buildings. — There shall 1)e a 
 Superintendent of Public Buildings, who shall be appointed by 
 the Mayor in the manner prescribed in section 25 of this 
 Article, and hold his oilice as therein provided. The said 
 Superintendent of Public Buildings shall provide for the 
 watching, cleaning and heating, and shall have charge of, the 
 City Hall and the buildings and offices in which the different 
 Courts of the City may be held and in which their records 
 may be kept. He shall receive a salary of one thousand five 
 hundred dollars per annum, payable monthly, and perform 
 such other duties as may be provided by ordinances, not 
 inconsistent with this Article. He shall employ such assist- 
 ants and employees, and at such compensation as may be 
 fixed by ordinance. 
 
 208. Public Printer. — There shall be a Public Printer, who 
 shall be elected on the second Monday of June, in the year 
 eighteen hundred and ninety-nine, and on the same day and 
 month in every second year thereafter, by a convention of lioth 
 Branches of the City Council. The Public Printer shall be a 
 reputable person, firm or corporation, who shall be bonafde 
 engaged in the printing business in the City of Baltimore, to 
 execute the printing required by both Branches of the City 
 Council, who shall perform the duties required of him, them 
 or it by ordinances not inconsistent with this Article, and who 
 shall, before he, they or it enter upon the discharge of his, 
 their or its duties as such, execute a bond to the Mayor and 
 City Council of Baltimore, in the penal sum of five thousand 
 dollars, with the condition that he, they or it will faithfully 
 discharge the several duties incumbent upon him, them or it, 
 which bond shall be deposited in such place as the Mayor 
 may select for depositing papers of this kind, and be delivered 
 by him to his successor in office. 
 
 Legislative Department. 
 
 209. The Legislative Department of the Mayor and City 
 Council of Baltimore shall be vested in the City Council, 
 which shall consist of two Branches, one of which shall be 
 the First Branch and the other the Second Branch. 
 
 210. The First Branch shall consist of one member from 
 each ward of the City, who shall be a citizen of the United 
 States, above the age of twenty-one years, a resident of the
 
 110 
 
 City three years preceding his election, and for the same time 
 a resident of the ward for which he is elected, and assessed 
 with property to the amount of three hundred dollars, who 
 has paid taxes on the same one year prior to his election, and 
 shall hold his office for two years. Each member of the First 
 Branch shall be paid a salary of one thousand dollars per 
 annum, payable monthly. 
 
 211. The Second Branch shall consist of nine members, 
 one of whom shall be the President thereof, and shall possess 
 the qualification and be elected as hereinafter provided. The 
 other eight members shall be elected from the City of Balti- 
 more at large, until the Mayor and City Council of Baltimore 
 shall divide the City of Baltimore into four Councilmanic Dis- 
 tricts, to be known as the first, second, third and fourth Coun- 
 cilmanic Districts, which shall each contain as near as possible 
 one-fourth of the population of the City of Baltimore, and shall 
 each be composed of six contiguous wards, according to their 
 numerical order, beginning with the first ward. After said 
 division, then two members of the Second Branch shall be 
 elected from each of said Districts. The members of the 
 Second Branch, excepting the President thereof, shall be citi- 
 zens of the United States above the age of twenty-five years, 
 residents of the City of Baltimore four years prior to their 
 election, each of whom has been assessed with property in the 
 said City in the sum of five hundred dollars, and who has paid 
 taxes on the same for two years prior to his election, and said 
 members of the Second Branch shall hold their offices for four 
 years, except as provided in section 213 of this Ai'ticle, and 
 each of them shall be paid a salary of one thousand dollars 
 per annum, payable monthly, jjrovided, that the members of 
 the Second Branch of the City Council in office upon the date 
 of the passage of this Article shall receive such compensation 
 as they would have been entitled to receive if they had served 
 out the full term for which they were elected. 
 
 212. The election for members of the First Branch shall 
 be held on the Tuesday next after the first Monday in May, 
 in the year eighteen hundred and ninety-nine, and upon every 
 second year thereafter. Said election shall be held by wards, 
 and no person shall be entitled to vote for any member of the 
 First Branch except for the member for the ward of which the 
 voter is a resident. The members of said Branch now in office
 
 Ill 
 
 shall hold office until their successors have been elected under 
 the provisions of this article, and have duly qualified. 
 
 213. The election for the said eight members of the Second 
 Branch shall be held on the Tuesday next after the first Monday 
 in May, in the year eighteen hundred and ninety-nine. Their 
 terms of office shall be for four years, except that the members 
 of the Second Branch first elected shall determine by lot tlieir 
 terms of office, so as to provide for the retirement of one-haK 
 of the said members of the Second Branch at the end of the 
 first two years. On the Tuesday next after the fii'st Monday 
 in May, in the year nineteen hundred and one, and in every 
 second year thereafter, an election shall be held for four mem- 
 bers of said Branch to fill the places of the members then 
 retiring. 
 
 214. There shall be elected on the Tuesday next after the 
 first Monday in May, in the year eighteen hundred and ninety- 
 nine, and upon every fourth year thereafter, from the City at 
 large, a person to be the President of the Second Branch of the 
 City Council, who shall possess the qualifications required and 
 hereinbefore defined, of the Mayor of the City of Baltimore. 
 His duty shall be to preside over the Second Branch of the 
 City Council, and vote on all questions, and perform such other 
 duties as may be prescribed by ordinances not inconsistent 
 with this Article. He shall be paid a salary of three thousand 
 dollars per annum, payable monthly. A joint convention of 
 the two Branches of the City Council, by a majority vote of 
 all the members elected to the City Council, may remove from 
 office the President of the Second Branch for incompetency, 
 wilful neglect of duty or misdemeanor in office, upon charges 
 preferred by the Mayor, and after notice of such charges is 
 given to the President of the Second Branch, and an oppor- 
 tunity affijrded him to be heard. 
 
 215. The qualifications of electors of members of the City 
 Council shall be the same as those of electors of the Mayor. 
 All vacancies in the First Branch shall be filled without delay 
 by the First Branch from the ward in which the said vacancy 
 occurs, by an election of a person possessing the qualifications 
 hereinbefore prescribed, to fill the unexpired term of the former 
 incumbent. If a vacancy occurs in the Second Branch, then 
 said Branch shall forthwith fill said vacancy by the election of
 
 112 
 
 a person possessing the qualifications hereinbefore prescribed 
 from the City at large or from the proper Councilmanic District, 
 if there be siicli District at that time. 
 
 216. The City Council shall meet on the Thursday next 
 after the third Monday in May, in the year eighteen hundred 
 and ninety-nine, and upon the same day in each year thereafter, 
 and may continue in session for one hundred and twenty days, 
 and no longer, in each year; provided, that they may, by ordi- 
 nance or resolution, so arrange their sittings that the same 
 may be held continuously or otherwise ; and provided further, 
 that the Mayor may convene the City Council in extra session, 
 as he may now do by the fourth section of the eleventh Article 
 of the State Constitution. 
 
 217. Each Branch of the City Council may compel the 
 attendance of absent members, in such manner and under 
 such penalties as it may by ordinance provide. The first 
 Branch shall appoint its own President, who shall preside at 
 all its sessions, and shall vote on all questions, and in case of 
 the absence, sickness or other disqualification of the Mayor 
 and the President of the Second Branch, shall perform all the 
 duties of the office of Mayor during the period in which the 
 sickness, absence or disqualification of said officer shall continue. 
 Each Branch of the City Council shall judge of the election and 
 qualifications of its own members, subject to appeal by petition 
 of the party aggrieved to the Baltimore City Court. With the 
 concurrence of three-fourths of the whole members of either 
 Branch, it may expel any member for disorderly behavior or 
 misconduct in office, but not a second time for the same offense. 
 Each Branch shall adopt its own niles of procedure, not incon- 
 sistent with this Article, appoint its own officers, regulate their 
 respective compensation not to exceed in the aggregate the 
 amount appropriated by the ordinance of estimates, and remove 
 them at pleasure. Each Branch shall keep a journal of its 
 proceedings, and enter the yeas and nays on any question, 
 resolution or ordinance, at the request of any member, and the 
 deliberations of both Branches shall be public. 
 
 218. The Mayor and City Council of Baltimore shall have 
 power to pass all ordinances necessary to give effect and opera- 
 tion to all powers vested in the corporation of the City of 
 Baltimore.
 
 118 
 
 219. Ordinances and resolntions of the Mayor and City 
 Council of Baltimore may be read in evidence from the printed 
 volumes thereof published by authority of said corporation. 
 
 220. The style of all ordinances shall be: "Be it ordained 
 by the Mayor and City Council of Baltimore." 
 
 221. Every legislative act of the Mayor and City Council of 
 Baltimore shall be by ordinance or resolution. No ordinance 
 or resolution shall be passed except by a vote of a majority of 
 all the members elected to each Branch, and on its final pas- 
 sage the vote shall be taken by yeas and nays, the names of 
 members voting for and against the same being entered on the 
 journal. Every ordinance enacted by the City shall embrace 
 but one subject, which shall be described in its title, and no 
 ordinance shall be revived, amended or re-enacted by mere 
 reference to its title, but the same shall be set forth at length, 
 as in the original ordinance. And no ordinance shall become 
 effective until it be read on three different days of the session 
 in each Branch, unless all the members elected to the Branch 
 where such ordinance is pending shall so determine by yeas 
 and nays, to be recorded on the Journal, and no ordinance 
 shall be read a third time until it shall have been actually 
 engrossed for a third reading. 
 
 222. In case it becomes necessary for the President of the 
 Second Branch to fill the unexpired term of the Mayor, as 
 herein provided, the Second Branch shall thereupon elect a 
 new President for the unexpired term, but they shall not elect 
 as such President one of their own number. 
 
 MISCELLANEOUS LOCAL LAWS. 
 ARBITRATION — COURT OF. 
 
 223. The Board of Trade shall have power and authority 
 to create and organize within itself a Court of Arbitration for 
 the adjudication and settlement, according to the principles of 
 law, equity and commercial usage, or of either, applicable 
 thereto, of any and all controversies concerning or growing out 
 of contracts of sale, manufacturing or letting on rent ; of the 
 making or negotiating or transfer of bills of exchange, 
 promissory notes, bills of lading, railroad, warehouse or 
 similar receipts, and other such commercial paper ; of guaran- 
 
 8
 
 114 
 
 ties, of agency, of bailment, of partnersliip, of insurance, of 
 affreightment, or of any o"tlier transaction, of whatever specific 
 class, pertaining to trade, commerce, navigation, manufactures 
 or mechanical arts, or business connected with any of these, or 
 contracts for personal work, labor and service done or rendered, 
 or to be done or rendered, in and about the pursuit and 
 transactions of trade, commerce, navigation, manufactures or 
 mechanical arts, one or more of the parties to which contro- 
 versies is or are members of the said corporation, in all cases 
 wherein such controversy is by the consent of all the parties 
 thereto, signified by a submission in writing, referred for 
 adjudication and settlement to said court. 
 
 224. Ill order to the due and effective execution of the 
 power in the next preceding section granted, the said corpora- 
 tion shall have the further power, either directly in corporate 
 meeting, whether the regular annual meeting or a special meet- 
 ing called for the purpose by reasonable notice to all the 
 members, of the time, place and object thereof, by advertise- 
 ment in one or more of the daily newspapers of the City of 
 Baltimore, or else by delegation, in such meeting, by rule or 
 otherwise, made through the oflicers and directors, constituting 
 the Board of Directors or management of said corporation, in 
 either case by the concurring votes of a majority of the members 
 of said corporation or Board of Directors, as the case shall be, 
 present at such meeting of the one or the other for the purpose 
 — provided there be then and there a quorum present, as con- 
 stituted by the Constitution, Articles of Association or By-Laws 
 of the said corporation or Board of Directors — from time to 
 time to elect from among those persons who have been, or 
 before any such election shall have been, admitted to practice 
 law in this State, one learned in the law and possessing such other 
 qualifications as the said corporation shall, by rule or regula- 
 tion, as hereinafter empowered, prescribe, whether such person 
 be a member of said corporation or not, unless otherwise pro- 
 vided by such rule or regulation, as Judge of the said Court of 
 Arbitration, and also to elect in like manner, or to provide for 
 the election or appointment of a Clerk of the said court ; and 
 shall have power also, by rules and regulations duly adopted by 
 the said corporation in such corporate meeting as aforesaid, or 
 by the delegation of said corporation in such meetings made by 
 its said Board of Directors, to define the duties, powers and 
 functions of the said Judge and of the said Clerk, and of any 
 other members or oificers of the said Court of Arbitration pro-
 
 115 
 
 vitled for as liereinafter is authorized, and to determine the juris- 
 diction of the said Judge, original and aj^pellate, whether sitting 
 alone or with laymen, members of the said corporation asso- 
 ciated with him, and to fix the term of time for which the said 
 Judge and the said Clerk, respectively, shall be elected, and 
 the terms and conditions upon which each shall hold or con- 
 tinue to hold his office, and the amount and mode of the com- 
 pensation of each, not to be diminished, however, during the 
 currency of a term of office ; to provide for the appointment 
 of temporary substitutes for the said Judge and the said Clerk, 
 or either, when from any cause this shall be necessary for the 
 jDrompt administration of the justice of the court, and also 
 for the appointment of lay arbitrators as members of the said 
 €orporation, for the hearing and determination of a particular 
 case, either in the j&rst instance with right to the parties, or 
 either of them, to appeal to the said Judge, or as assessors 
 associated with the said Judge when parties so choose, and to 
 define, in such cases, the powers, duties and authority of such 
 lay arbitrators or assessors ; and also prescribe the forms and 
 modes of application, procedure, pleading, practice, trial and 
 process in the said court, in all the necessary details thereof, 
 and the effect of the awards and judgments or decisions of the 
 said court, as to the finality or conclusiveness or otherwise 
 thereof, and the methods and means of securing compliance 
 therewith by the parties ; and also to regulate the costs and 
 fees to be paid by the parties to any such controversy so sub- 
 mitted, and the amount and time and manner of payment 
 thereof, and the disposition of such costs and fees ; provided, 
 however, that no such rule or regulation shall be valid if it 
 shall be contrary to the general law of the State, or to natural 
 right or sound reason, or be intended to provide for enforcing 
 payment or other performance of the award, judgment or deci- 
 sion of the said Court or Board of Arbitration by any final 
 process of execution otherwise than is directed in the succeed- 
 ing section. 
 
 225. When, in any such case so submitted as is hereinbefore 
 provided, an award, judgment or decision shall have been ren- 
 dered by the said Court or Board of Arbitration, that is, accord- 
 ing to the rules and regulations hereinbefore authorized, final 
 and conclusive upon the parties, and shall have been recorded 
 by the Clerk of the said Court in a book to be provided and 
 kept for the purpose within a time limited therefor in the said
 
 116 
 
 rules and regulations, the successful party shall have the right 
 to have the said original award, judgment or decision in writing, 
 signed by those members of the said Court or Board concur- 
 ring therein, and dnlj certified by the Clerk to be the original 
 award, judgment or decision, under his hand and seal of the 
 corporation ; and if the said award, judgment or decision, shall 
 be for the recovery by the one party and payment to him by the 
 other, of a certain sum of money, the said successful party shall, 
 upon his filing the said award, judgment or decision so certified, 
 with the Clerk of the Superior Court of Baltimore City, or at his 
 option with the Clerk of the Court of Common Pleas of said City, 
 have the right to have the same entered by its proper style, in 
 the name of such succssful party as plaintiff against the losing 
 party as defendant, in its order of time, upon the court calendar 
 or docket of causes to be called at the next succeeding term or 
 rule day of said court, whichever shall first occur, and upon 
 the call thereof in its course, to have judgment at once ordered 
 and entered up, as upon a verdict for the recovery of the same 
 amount, according to the practice of said court, and to have 
 process of execution for its enforcement and satisfaction in all 
 respects as if the said amount had been recovered by a judgment 
 of the said court in a regular suit between the same parties in 
 the same relative position on the record, there instituted and 
 prosecuted in the ordinary modes of proceeding therein ; but if 
 the said award, judgment or decision shall be for the recovery 
 by the one party, and the surrender or delivery by the other to 
 him of the possession of specific property, the said successful 
 party, upon filing such award, judgment or decision, so certified 
 as aforesaid, with the Clerk of the Circuit Court of Baltimore 
 City, or such other court therein as shall at the time have juris- 
 diction there of causes in equity, shall have the right, on or at 
 any time after the first day of the next succeeding term, or on or 
 at any time after the next succeeding rule day of the said court, 
 which ever shall first occur, to have, upon motion therefor, an 
 order made by the said court, afiirming the said award, judg- 
 ment or decision, and making the same a decree of the said 
 court, and to have the same enforced, if the recovery be of the 
 possession of land, freehold or leasehold, by a writ in the nature 
 of a writ of Imhere facias possessionem, such as the said court is 
 authorized to issue for the purpose of putting a purchaser 
 under its decree in possession of the land purchased by him, 
 and to be executed in the same manner and by the same officer 
 against such losing party to such award, judgment or decision, 
 and any and all and every other person in possession of said
 
 117 
 
 land, claiming the same by vii-tue of a title derived from, 
 through or under such losing party, and acquired subsequently 
 to the date of such award, judgment or decision, which said 
 writ the said court is authorized and empoAvered to issue for 
 this purpose upon application in writing of such successful 
 party to the said award, judgment or decision, in person or by 
 attorney, verified by the affidavit of himself or his attorney, 
 unless good cause to the contrary shall be shown by such 
 party in possession within not less than fifteen nor more than 
 thirty days after notice in writing of such application served 
 upon such party in possession in person ; and if the recovery 
 be of the possession of j)ersonal chattels, by such process of 
 execution and compulsion as in the chancery practice of this 
 State is usual and proper for the enforcement of a decree for 
 the specific delivery of personal chattels. 
 
 ARBITEATION COMMITTEE OF THE CORN AND FLOUR EXCHANGE. 
 
 226. The Board of Directors of the Corn and Flour 
 Exchange shall annually elect by ballot five members of the 
 association, who are not members of the Board, as a com- 
 mittee, to be known as the Arbitration Committee of the Bal- 
 timore Corn and Flour Exchange. The Board of Directors 
 may, at any time, fill any vacancy in said committee for the 
 remainder of the term in which such vacancy may happen. 
 The duty of the Ai'bitration Committee shall be to hear and 
 decide any controversies which may arise in business between 
 the members of said organization or said members and other 
 persons as may be voluntarily submitted to the said com- 
 mittee for arbitration ; and such members and persons may by 
 an instrument in writing, signed by them and attested by a 
 subscribing witness, agree to submit to the decision of said 
 committee any such controversy so arising as might be the 
 subject of an action at law or in equity, except claims of title 
 to real estate. 
 
 227. The mode of proceeding of said Arbitration Com- 
 mittee shall be regulated by the by-laws of the corporation, 
 which shall be substantially complied with in all cases, with- 
 out prejudice, however, to any award from merely formal 
 irregularity. The said committee shall have power to apply 
 to any Justice of the Peace for the City of Baltimore to issue 
 subpoenas and other compulsory process to procure the attend- 
 ance of witnesses before it ; and all justices so applied to in
 
 118 
 
 writing, signed by the chairman or acting chairman of said 
 committee, shall issue such process forthwith, the cost of the 
 same, and of the attendance of the witnesses so summoned, 
 to be the same as in civil suits before such justices, and to be 
 collectible from the parties on whose behalf the said witnesses 
 shall be summoned and attend, in the same manner and by 
 the same means as if adjudged to be paid by a judgment of 
 the justice who shall act in the premises in a civil suit between 
 the same parties depending before him. A majority of said 
 committee may act in all cases, and a majority of such majority 
 shall have power to render an award in the name of and as an 
 act of the committee. No dissenting award or opinions shall 
 be rendered or placed among the proceedings, or upon the 
 records of the committee or the corporation ; the award of the 
 committee rendered in conformity herewith, and as prescribed 
 by the by-laws, shall be conclusive on all parties to the sub- 
 mission. It shall in all cases be in writing, signed by the 
 members of the committee who agreed upon it, and filed 
 among the proceedings of the committee, but copies shall be 
 given by the secretary, with his attestation and the seal of the 
 corporation attached, to the respective parties, as soon as may 
 be after said award shall have been rendered. 
 
 228. If the parties to any submission shall agree to do 
 so they may stipulate as part of said submission, in writing, 
 that the award of the committee rendered in conformity here- 
 with and with the by-laws, shall stand and avail as against 
 them to the same effect as a judgment or decree of a court of 
 competent jurisdiction, in which case either party desiring and 
 entitled to the enforcement of said award may file a copy of 
 the same and of the submission, attested under seal by the 
 secretary of the corporation, for record with the clerk of any 
 court of this State havifig jurisdiction of the subject-matter, 
 and the person against whom said enforcement is sought ; and 
 thereupon it shall be the duty of said court, on motion or 
 application, ex parte, at any time after ten days from the filing 
 of the award, to enter judgment or decree thereupon, as upon 
 a final award made by referees under rule of court ; upon which 
 judgment or decree, execution shall issue without stay. No 
 matter affecting the title of real estate, however, shall be sub- 
 mitted to or arbitrated by the said committee under this or 
 the preceding section, but the committee maj' direct in its 
 award the payment of the costs and expenses of the arbitra-
 
 119 
 
 tion, and the amount thereof shall be embraced as a principal 
 sum in the judgment or decree to be rendered ; if awarded, to 
 be paid by the party against whom such judgment or decree is 
 sought. No judgment or decree rendered on any such award 
 shall be liable to be stayed, except upon allegation, under oath 
 of the defendant, of manifest fraud in the procurement or 
 rendition of the award, or of a material and substantial failure 
 of the committee specifically alleged and set forth, to comply 
 with the by-laws or sections 226 or 227, in the hearing and 
 determination of the matters submitted ; nor shall any such 
 judgment or decree be quashed, modified or stricken out, except 
 upon satisfactory proof of the matters so required to be so 
 alleged ; neither shall there be any appeal in any case from 
 the original judgment, order or decree, whereby, after a hearing 
 of the allegations and proofs as aforesaid, the said original 
 judgment or decree shall be maintained. 
 
 ASSAULT AND BATTERY. 
 
 229. Any person who shall, without any provocation, 
 assault and beat any person in any of the streets, lanes, alleys 
 or highways of the City of Baltimore, or at any place of 
 public resort or amusement, between the hours of six o'clock in 
 the evening and six o'clock the following morning, or who shall 
 counsel, aid or abet in such assault and battery, shall be fined 
 in a sum not less than twenty-five dollars and be imprisoned 
 not less than one month ; or the Judge of the Criminal Court 
 of Baltimore City, or the judge having jurisdiction of the 
 offense, may, in his discretion, sentence the person convicted 
 of such offense to confinement in the penitentiary for a period 
 not less than six months nor more than two years. 
 
 230. It shall not be necessary to state with more particu- 
 larity than is now necessary in proceedings for assaults and 
 batteries, the time or place of such assault and battery in the 
 recognizance or commitment on which the said person is tried, 
 but the said person may be tried on a recognizance or commit- 
 ment for a common assault and battery, and shall be sentenced 
 by the court acccording to the facts proved at the trial. 
 
 231. In case the said person is tried upon a presentment 
 or indictment, it shall only be necessary to allege in the 
 presentment or indictment that the offense was committed 
 between the hours aforesaid, and that it was committed on a
 
 120 
 
 highway in the City of Baltimore, or at a place of public 
 resort or amusement, without setting forth said highway or 
 place'of public resort or amusement by name. 
 
 AUCTIONS. 
 
 232. Repealed by Act of 1900, Chapter 208. 
 
 233. Repealed by Act of 1900, Chapter 208. 
 
 234. Repealed by Act of 1900, Chapter 208. 
 
 235. The duties shall be calculated on the sums for which 
 the property or goods so exposed to sale shall be respectively 
 struck off, and shall in all cases be paid by the person making 
 the sale. 
 
 236. No duties shall be chargeable upon any goods, wares, 
 merchandise or other property sold by any auctioneer at 
 private sale on the days of his public auction, or unless the 
 same be part of what was offered for sale at said public auction 
 or was advertised to be sold thereat. 
 
 237. The duty imposed on all sales of lands, tenements 
 and hereditaments, or of any interest therein, at public auction 
 in the City of Baltimore, shall be a lien on the said property 
 when sold as aforesaid. 
 
 238. Every purchaser of lands, tenements or hereditaments, 
 or of any interest therein, purchased at public auction in the 
 City of Baltimore, shall be bound to pay the auction duty on 
 such sale and be entitled to claim the said payment as a credit 
 on his purchase as aforesaid. 
 
 239. All goods and property, of what kind soever, shall in 
 all cases be struck off to the highest bidder ; and where the 
 auctioneer or owner, or any person employed by them or 
 either of them, shall be such bidder, the goods or property 
 shall be subject to the same duties as if struck off to any 
 other person ; but this section shall not be construed to render 
 valid any sale that would otherwise be deemed fraudulent and 
 void.
 
 121 
 
 240. The Governor, by and with the advice and consent of 
 the Senate, shall biennially appoint as many auctioneers in the 
 City of Baltimore as he may think proper, not to exceed thirty. 
 
 241. Each person so appointed, the amount of whose sales 
 of goods, wares, merchandise and personal property of every 
 kind, exclusive of his real estate sales and sales of houses, 
 shall not exceed the sum of one hundred and fifty thousand 
 dollars, shall, before entering upon the duties of his ofiice, 
 enter into a recognizance to the State, with two sufficient 
 securities, in the sum of five thousand dollars, conditioned 
 for the payment of the duties hereinbefore mentioned to the 
 Treasurer of Maryland, and that he shall in all things well, 
 truly and faithfully behave and conform himself according to 
 the true intent and meaning of this law ; and shall also pay to 
 the Treasurer of Maryland the sum of four hundred and fifty 
 dollars, as a license. 
 
 242. Any auctioneer paying the license fee, and executing 
 the bond prescribed in the preceding section, may make sales 
 of every description of goods, wares and merchandise of every 
 kind, and real estate, and may exercise all the rights and privi- 
 leges of a general auctioneer to the extent and amount of 
 the sum prescribed in said section; and he shall make, under 
 oath, quarterly returns to the Comptroller of the City of Balti- 
 more, showing the full amount of his sales of every kind, dis- 
 tinguishing his sales of goods, wares and merchandise, and 
 personal effects of every kind, from his sales of real estate and 
 houses ; but any auctioneer taking out a special license, as 
 provided in section 233, in regard to auctions in Baltimore 
 City, to sell at public auction, stocks of any banks or other 
 incorporated institutions, or State or City loans, shall not be 
 required to make any returns of sales of such securities ; and 
 if any auctioneer under said license shall sell any amount 
 exceeding the sum named in the last preceding section, he 
 shall be subject to all the penalties hereinafter imposed upon 
 auctioneers who shall sell without license. 
 
 243. Each auctioneer so appointed whose sales of goods, 
 wares and merchandise, and personal effects of every kind, 
 exclusive of his real estate sales and sales of houses, shall 
 exceed the sum of one hundred and fifty thousand dollars, 
 shall, before he enters upon the duties of his office, enter into
 
 122 
 
 a recognizance to the State, with two sufficient securities in 
 the sum of ten thousand dollars, conditioned as hereinbefore 
 prescribed, and shall pay to the State Treasurer the sum of 
 seven hundred and fifty dollars as a license fee. 
 
 244. If any person so appointed shall desire to pursue the 
 business of an auctioneer for the sole purpose of selling books, 
 maps or prints, by day or by night, he shall be entitled to do 
 so by first entering into a recognizance to the State, with two 
 sufficient securities in the penalty of five thousand dollars, 
 conditioned as hereinbefore prescribed, and by paying to the 
 State Treasurer the sum of one hundred and fifty dollars. 
 
 245. If any person so appointed shall desire to pursue the 
 business of an auctioneer for the sole purpose of vending 
 horses and carriages, he shall be entitled to do so by first 
 entering into a recognizance to the State, with two sufficient 
 securities in the sum of one thousand dollars, and paying to 
 the State Treasurer the sum of fifty dollars as a license fee. 
 
 246. A license may, on the request and with the consent of 
 the party, be issued by the State Treasurer, nimc pro tunc, so 
 as to avail him for a year from the day on which his license 
 expired, or in such manner as to avail him for any part of the 
 interval the applicant may desire ; but no license issued under 
 this section shall acquit the party obtaining it of any penalty 
 hereby imposed for selling without license, if prosecution there- 
 for shall have been commenced before such license was ob- 
 tained. 
 
 247. In case of the death of any auctioneer before the time 
 limited in his license has expired, his co-partner or co-partners, 
 if he has any, or his personal representative, may continue to 
 apt under the license for the unexpired term. 
 
 248. All recognizances directed to be taken by this sub-di- 
 vision of this Article shall be taken by the Clerk of the Court 
 of Common Pleas, and duplicates shall be made of the record 
 of every such recognizance by said clerk, one whereof shall be 
 delivered, or be caused to be delivered by such auctioneer to 
 the State Treasurer, within ten days after the date of such 
 record, and the other shall be retained by said clerk, who shaU 
 be entitled to demand for the same from the auctioneer the 
 sum of one doller.
 
 123 
 
 249. The State Treasurer, on his being satisfied that the 
 recognizance herein recjuired has been entered into by anv of 
 the persons appointed auctioneers bj the Governor, and upon 
 his receiving the license fee required from such person, shall 
 issue a general or special license to such person as the person 
 may be entitled to, for the term of one year from the date of 
 such license. 
 
 250. If any person not appointed and authorized in the 
 manner herein directed, nor by nor under some official author- 
 ity under the laws of the United States, shall sell or attempt to 
 sell any goods, wares, merchandise or effects of acy kind, real 
 estate or vessels, in the City of Baltimore, by public auction, 
 he shall be considered guilty of a misdemeanor, and shall be 
 subject to presentment and indictment in the Criminal Court of 
 Baltimore, and shall, on conviction, be fined in a sum not 
 exceeding five hundred dollars nor less than one hundred 
 dollars, or be imprisoned for a term not exceeding three months, 
 or both, at the discretion of the court. 
 
 251. If any auctioneer shall sell any goods, wares, mer- 
 chandise or effects or vessels, by way of public auction, with- 
 out having entered into the recognizance and paid the license 
 fee hereinbefore required, he shall be deemed guilty of a mis- 
 demeanor, and shall be subject to presentment and indictment 
 in the Criminal Court of Baltimore, and on conviction thereof 
 shall be fined in a sum not exceeding one hundred dollars nor 
 less than fifty dollars for each and every article so exposed for 
 sale. 
 
 252. If any auctioneer shall sell any goods or property 
 other than such as he is authorized to sell by the terms of his 
 license, he shall be deemed guilty of a misdemeanor, and shall 
 be subject to presentment and indictment in the Criminal Court 
 of Baltimore, and on conviction thereof shall be fined in a 
 sum not exceeding one hundred dollars, nor less than fifty 
 dollars for each and every article so sold. 
 
 253. If any person commissioned as auctioneer shall neg- 
 lect to take out a license within twenty days after his commis- 
 sion shall have been forwarded to him by the Governor, such 
 commission shall be deemed null and void, and the Governor 
 shall appoint some other person to supply the vacancy in the 
 number of auctioneers caused by such neglect.
 
 124 
 
 254. The recognizance herein required shall be annually 
 renewed. 
 
 255. If any surety of any auctioneer shall remove from this 
 State or become insolvent the State Treasurer shall demand 
 other surety in his place ; and if the auctioneer shall neglect or 
 refuse to give other security within three days after such 
 demand is made his license shall thenceforth be null and void 
 to all intents and purposes as if the same had never been 
 granted, and the State Treasurer shall immediately give public 
 notice thereof in two or more public newspapers published in 
 said City. 
 
 256. If any auctioneer appointed under this sub-division of 
 this Article shall accept at any time during the continuance of 
 his appointment an appointment as auctioneer from any other 
 State he shall be deemed to have forfeited his appointment 
 under this sub-division of this Article. 
 
 257. Every auctioneer in said City shall designate in writing 
 his partner or partners, if any are engaged with him in his 
 said business, and the houses or stores occupied by him for 
 the transaction of auction business, and shall deposit such 
 writing with the State Treasurer ; and if any auctioneer in said 
 City shall enter upon the duties of his office before so doing 
 he shall be deemed guilty of a misdemeanor, and on conviction 
 shall be fined in a sum not exceeding five hundred dollars ; and 
 it shall be the duty of the court before whom such conviction 
 is had to transmit forthwith a particular report thereof to the 
 Governor, who may, in his discretion, inhibit, during his 
 pleasure, the person convicted from acting as auctioneer. 
 
 258. The Mayor of the City may designate the place or 
 places for the sale of horses and carriages and make such 
 regulations in respect to the time and manner of selling horses 
 and carriages at auction, and the riding and driving of such 
 horses and carriages, as he shall deem best calculated to pro- 
 mote public convenience and protect the persons of individuals 
 from danger. 
 
 259. Every auctioneer appointed and licensed for the sale 
 of horses shall keep a registry of all horses sold by him, speci- 
 fying a description of the horse sold, the sum for which he
 
 12o 
 
 sold, and the name and residence of the seller and buyer, and 
 shall deposit such registry, with an oath of the tnith thereof, 
 at the end of each year with the Clerk of the Court of Common 
 Pleas. 
 
 260. No auctioneer specially licensed for selling books, 
 maps or prints shall be entitled to demand or receive, without 
 a previous agreement to the contrary, from any person, directly 
 or indirectly, a commission exceeding seven dollars and fifty 
 cents for every hundred dollars of the purchase money arising 
 from such sales, exclusive of all duties. 
 
 261. No auctioneer licensed to sell to the amount of one 
 hundred and fifty thousand dollars, without a previous agree- 
 ment to the contrary, shall be entitled to demand or receive 
 for his services, directly or indirectly, a commission exceeding 
 four dollars clear of all duties, for every hundred dollars of the 
 purchase money arising from such sales. 
 
 262. No auctioneer, licensed generally for the sale of goods, 
 wares and merchandise, exceeding one hundred and fifty 
 thousand dollars, without a previous agreement to the contrary, 
 shall be entitled to demand or receive for his services, directly 
 or indirectly, a commission exceeding two dollars, clear of all 
 duties, for every hundred dollars of the purchase money 
 arising from such sales, except upon sales of furniture and 
 wearing apparel, upon which they shall be entitled to 
 receive four dollars, clear of duties, for every hundred dollars 
 arising from such sales ; and except also upon sales of books, 
 stationery, maps and prints, upon which they shall be entitled 
 to receive seven dollars and fifty cents, clear of duties, for 
 every hundred dollars arising from such sales ; and upon these 
 articles the auctioneer mentioned in the preceding section may 
 charge a similar amount. 
 
 263. Any auctioneer who shall receive or accept any greater 
 or higher reward for his services than is authorized by this 
 sub-division of this Article, shall forfeit the sum of five hundred 
 dollars for every ofience, to be recovered in the name of the 
 State by suit, or by indictment in the Criminal Court, one-half 
 to the use of the State and the other half to the use of the 
 party prosecuting for the same.
 
 126 
 
 264. No auctioneer shall authorize or permit any person 
 whatever to sell anj property of any description whatever, 
 under and by virtue of his license, unless the j^erson so author- 
 ized or permitted is actually and bona fide in the employment 
 of such auctioneer, and is actually and bona fide a resident of 
 Baltimore City at the time of such employment, and the com- 
 missions on such sales are actually and bona fide for the benefit 
 of such auctioneer ; and no license shall be constrvied to 
 authorize the holder to sell at more than one regular establish- 
 ment, but an auctioneer may sell public stocks, houses, lots 
 and furniture, or ships or vessels, on the premises where the 
 same may be, or at the exchange, or goods in the original 
 form and packages as imported, and bulky articles, such as 
 have been usually sold in warehoases or in the public streets or 
 on the wharves, at such other places within the City as shall 
 be desired by the owner or importer of such bulky articles 
 or imported goods. 
 
 265. If any auctioneer shall violate any of the provisions 
 of the last preceding section he shall be deemed guilty of a 
 misdemeanor for every such violation, and shall be subject to 
 presentment and indictment in the Criminal Court of Baltimore, 
 and on conviction thereof shall be fined in a sum not exceeding 
 two hundred dollars, nor less than one hundred dollars. 
 
 266. Every auctioneer, within thirty days after the first 
 days of January, April, July and October of the year for which 
 h© shall have been appointed, and in each and every year that 
 he shall hold and continue in the ofiice and duty of such 
 auctioneer, shall render to the Comptroller of the City of 
 Baltimore a true and particular account in writing of the 
 money or sums of money for which any goods, wares or 
 merchandise, or other property of every kind, shall have been 
 sold at every sale since entering on the duties of his office, or 
 since the ^ast account was rendered, of the amount of each day's 
 sales and the days when sold, distinguishing the sales made by 
 him personally or in his presence, and those made by his part- 
 ner or partners or clerk, in consequence of his absence ; setting 
 forth, also, the amount of all goods, wares, merchandise and 
 other property sent or entrusted to him, his partner or part- 
 ners for sale, and by him or them sold at auction, and the 
 days on which the same were sold, and particularizing the 
 amount of the several duties chargeable on said sales, dupli- 
 cate copies of which said accounts, properly sworn to as
 
 127 
 
 required Id section 267, shall be transmitted to the Comp- 
 troller of the State, by every such auctioneer, within the said 
 thirty days after the said first days of January, April, July 
 and October of the year or years as aforesaid ; and every 
 auctioneer shall, within thirty days after rendering such 
 account, pay over to the said Comptroller of Baltimore City, 
 for the use of the State, subject to provisions hereinafter con- 
 tained, all such sum or sums of money as appear to be due 
 from him to the State for duties, according to law. 
 
 267. The auctioneer making such returns, at the time of 
 making the same shall take before some Justice of the Peace, 
 
 or Judge of a court of record, the following oath : "I, , 
 
 do solemnly and sincerely swear that the account now exhibited 
 by me, and to which I have subscribed my name, contains a 
 just and true account of all the goods, wares and merchandise, 
 and property of every kind, sold or struck off by me at public 
 sale, or sold at private sale, on the days of my public auctions, 
 or sold or struck off as aforesaid by my co-partner or co-part- 
 ners (if any there be), or by others in my name, or under my 
 direction, and in my actual and bona fide employment (as the 
 case may be), and the days upon which the same were respec- 
 tively sold ; that I have examined the entries of all sales men- 
 tioned in said account in the books kept by me for that pur- 
 pose, and I fully believe this account to be correct ; and, 
 further, that I have, during the time mentioned, conformed in 
 all things to the provisions of the law relating to auctions in 
 Baltimore City, according to the best of my knowledge and 
 belief, so help me God." And he shall cause a certificate of 
 the fact that he has taken such oath, duly signed by said 
 Justice or said Judge, and a certificate of the Clerk of the 
 Superior Court of Baltimore City, of the official character of 
 said Justice when signed by him, to be annexed to said 
 return ; and no account or return of sales, as provided to be 
 made and rendered in the preceding section shall be deemed 
 or held to be "a true and particular account," within the 
 meaning of said preceding section, unless the oath herein pro- 
 vided is made and annexed to such account or return of sales ; 
 and the auctioneer refusing or neglecting to make and to 
 annex such oath shall be liable to be proceeded against as if 
 he had not made and rendered any account or return of sales 
 as required by law.
 
 128 
 
 268. If any auctioneer shall refuse or neglect to transmit 
 to the State Treasurer a duplicate of the record of his recog- 
 nizance as before required, or shall neglect or refuse to render 
 an account of sales to the Comptroller of the City of Baltimore 
 quarter-yearly, or shall refuse or neglect to transmit a dupli- 
 cate copy of such account to the Comptroller of the State 
 within the time or times limited for rendering such account 
 or transmitting such duplicates as provided in section 266, 
 or shall refuse or neglect to pay over to the Comptroller of 
 the City the money or moneys due from him to the State for 
 duties, according to law, within thirty day after render- 
 ing such account, he shall, in and for each and every such 
 case of refusal or neglect, be deemed guilty of a misdemeanor, 
 and shall be subject to presentment and indictment in the 
 Criminal Court of Baltimore, and on conviction thereof shall 
 be fined in a sum not exceeding seven hundred dollars nor less 
 than one hundred dollars, and on conviction shall further be 
 deemed to have forfeited his appointment as auctioneer, and 
 shall be disqualified from acting as auctioneer under the same ; 
 provided, it shall be competent for such auctioneer at the trial 
 of such suit to give in evidence every matter or thing going 
 to show a satisfactory excuse on his part for such neglect or 
 refusal ; and if the jury before which such suit shall be tried 
 shall think such excuse satisfactory, they shall return a verdict 
 for the defendant ; the defendant, however, in such case to pay 
 the costs of the prosecution ; and provided further, that no suit 
 or indictment, or conviction, under this section, for the penal- 
 ties herein contained, shall be held to bar or prevent the State 
 from bringing such civil action or actions in any of the courts 
 of this State against any auctioneer, or on his bond, for the 
 recovery of money that may be due the State, or for the non- 
 performance or misperformance of any duty imposed upon him 
 by this sub-division of this. Article, and for which a civil action 
 would lie against him or on his bond. 
 
 269. Every auctioneer who, within the period limited for 
 his accounting shall have made no sales of goods or property 
 of any kind liable to auction duties, shall make and subscribe 
 an affidavit of those facts before the Judge of the Court of 
 Common Pleas, and shall transmit a copy of the said affidavit, 
 certified by said Judge, to the State Treasurer, within the same 
 time that an account is required to be rendered, under the pen- 
 alty prescribed in the last preceding section.
 
 1-29 
 
 270. It shall not be lawful for the Governor to nominate to 
 the Senate as auctioneer any person who shall not have settled 
 in full at the Treasury office for all amounts due from him on 
 account of auction duties. 
 
 271. If any auctioneer shall be guilty of any fraud or 
 deceit in the discharge of the duties of his office, or shall elude 
 or defeat any provisions of this sub-division of this Article, for 
 a violation of which no penalties are therein specially pre- 
 scribed, he shall be guilty of a misdemeanor and subject to 
 presentment and indictment in the Criminal Court of Baltimore, 
 and on conviction thereof shall be fined in a sum not exceding 
 one thousand dollars, nor less than one hundred dollars for any 
 such offence ; and if any auctioneer shall pay or cause to be paid 
 directly or indirectly, to any trustee, attorney, executor or 
 administrator, selling real estate or property of any kind under 
 any order of any court, or under any power of attorney, any 
 portion of the fee or commission received or receivable by him, 
 and charged by him in his account for making any sale of such 
 real estate or property for such trustee, attorney, executor or 
 administrator, he shall be deemed guilty of a misdemeanor, 
 and on conviction thereof in the Criminal Court of Baltimore 
 shall be fined in a sum not exceeding two hundred dollars, nor 
 less than fifty dollars, for every such offence ; and such trustee, 
 attorney, executor or administrator receiving or retaining such 
 portion of such fee or commissions, and not accounting for it 
 to the proper parties, shall be liable in a suit on his bond for 
 double the amount so received or retained by him, to the cestui 
 que trust, the principal, or to any person interested in the estate 
 which he represents. 
 
 272. If no person shall, wdthin seven days after any such 
 offense shall be committed, prosecute for the penalties imposed 
 by this sub-division of this Ai'ticle, the State Treasurer, upon 
 information thereof having come to his knowledge, shall dii-ect 
 the State's Attorney for the City of Baltimore to prosecute the 
 same ; and the penalties when recovered shall be paid into the 
 treasury for the use of the State. 
 
 273. If any person shall wilfully swear falsely touching 
 any matter hereinbefore required in this sub-division of this 
 Article to be verified by oath, he shall suffer the pains and 
 
 9
 
 130 
 
 penalties which by law are prescribed for wilful and corrupt 
 perjury ; and if an auctioneer, shall also forfeit his office. 
 
 274. The proceeds of such auction duties to the amount of 
 twenty thousand dollars shall be paid over by the Comp- 
 troller of the City, as the same shall be received by him, to 
 the Mayor and City Council of Baltimore, to be by said 
 Mayor and City Council of Baltimore annually appropriated 
 to the purpose of deepening and improving a channel in the 
 Chesapeake bay and Patapsco river and the harbor of the 
 City of Baltimore. 
 
 275. It shall be the duty of the Mayor and City Council 
 of Baltimore, on or before the fifteenth day of September in 
 each year, to report to the Comptroller of the State a fair and 
 strict account of theu' disbursement of the fund arising from 
 said auction duties, as to the amount the same are appro- 
 priated in the preceding section, in relation to the deepening 
 and improving said channel, Patapsco river and Baltimore 
 City harbor ; and the said Comptroller shall report the same 
 to the General Assembly. 
 
 276. If the net proceeds of said auction duties shall exceed 
 the sum of twenty thousand dollars, the excess of said duties 
 above that sum shall, for each and every year that they shall 
 exceed that sum, be paid over by the Comptroller of the City 
 of Baltimore to the Treasurer of the State ; and in case of 
 such excess as aforesaid, the Comptroller of the City shall 
 also render to the Comptroller of the State a brief statement 
 or account, showing the amounts received by him on account 
 of auction duties, the amount paid the Ma^'or and City 
 Council of Baltimore, under section 274, and the balance due 
 the State and payable to the State Treasurer — which said 
 balance, if any, and whenever the same shall arise from said 
 auction duties, shall be paid to said Treasurer on or before 
 the twenty -fifth day of September in each and every year. 
 
 277. The provisions of the three preceding sections shall 
 not have any effect if the City of Baltimore, by ordinance or 
 otherwise, shall make any charge on articles passing over or 
 deposited on the wharves of said City for a less time than 
 one day, for the purpose of delivery only, from or on board 
 of any vessel trading within the limits of this State, other 
 than the regular wharfage chargeable on such vessel.
 
 131 
 
 278. Nothing contained in this sub-division of this Article 
 «hall prohibit the sale of leather, iron or tobacco, bj the 
 person who manufactured the same, without the license herein 
 required. 
 
 BELLS OF EXCHANGE AKD PBOMISSOEY NOTES. 
 
 279. It shall be lawful for banks and bankers in the City of 
 Baltimore, to close their doors for business at twelve o'clock 
 noon, on each and every Saturday in the year ; and every Sat- 
 urday in the year after twelve o'clock noon shall be a legal 
 half-holiday, so far as regards the presenting for payment or 
 acceptance, and the protesting and giving notice of the dishonor 
 of bills of exchange, bank checks, drafts, promissory notes and 
 other negotiable paper ; and for these purposes shall be treated 
 and considered as the first day of the week, commonly called 
 Sunday ; and all such bills, checks, drafts and notes presenta- 
 ble for acceptance or payment on Saturdays, shall be deemed 
 to be presentable for acceptance or payment on the secular 
 or business day next succeeding ; provided, however, that all 
 bills of exchange, drafts and promissory notes made after the 
 passage of this Article, except those payable at sight or on 
 demand, which shall be otherwise payable on any half -holiday 
 Saturday, shall be deemed to be and shall be payable on 
 the next succeeding secular or business day ; and ])rovided 
 further, that for the purpose of protesting or otherwise hold- 
 ing liable any party to any bill of exchange, bank check, 
 draft or promissory note, and which shall not have been 
 paid before twelve o'clock at noon on any half-holiday 
 Saturday, a demand of acceptance or payment thereof may 
 be made, and notice of protest or dishonor thereof may be 
 given on the next succeeding secular or business day ; and 
 provided further, that when any person shall receive for 
 collection in said City of Baltimore, any bill of exchange, bank 
 check or promissory note due, and presentable for acceptance 
 or payment on any half-holiday Saturday, such person shall not 
 be deemed guilty of any neglect or omission of duty, nor incur 
 any liability in not presenting for payment or acceptance, or 
 collecting such bill of exchange, bank check, draft or promis- 
 sory note on that day ; and provided further, that in construing 
 this section every half-holiday Saturday shall, until twelve 
 o'clock noon, be deemed a secular business day. Nothing in 
 this section shall afifect the provisions of sections 9 and 10 of 
 Article 13 of the Code of Public General Laws applicable to 
 any Saturday, whenever the same, under the provisions of said 
 sections, shall be a legal holiday.
 
 'U2 
 
 chU- ■' BUILDINGS. 
 
 ','280. It shall not be lawful for the owners or lessees of any 
 public hall, church, school or place of amusement, in the Cities 
 of Baltimore, Annapolis, Cumberland, Frederick, Hagerstown 
 or Frostburg, to obstruct, or allow to be obstructed by others, 
 any of the aisles or passage-ways in the auditorium of said 
 halls, churches, schools, or places of amusement, by placing 
 . therein any benches, chairs or stools, or other articles that may 
 prevent free ingress or egress during the hours that said places 
 may be open to the public. Said owners or lessees, or their 
 agents, are required to keep open at all hours during the time 
 said halls, churches, schools or places of amusement are open 
 to the public, all doors giving ingress or egress, unless said 
 , doors open outward from said places ; then the same may be 
 closed, but no hindrances, such as locks or catches of any kind, 
 shall be allowed to obstruct or prevent instant and easy egress 
 through the same ; and when said doors open inwards, it is 
 required of said owners, lessees or their agents, that said doors 
 shall be fastened securely and firmly open. Owners or lessees, 
 or any person holding under them, or their agents, violating 
 any of the provisions aforesaid, shall, on conviction thereof, 
 be fined by the court before which such conviction is had for 
 any violation, a sum not exceeding five hundred dollars, to be 
 recovered as other fines in this State, one-half of which shall 
 go to the State and the other half to the Cities where such 
 violations occur and convictions thereof are had. It is made 
 the special duty of the Judge or Judges of the courts having 
 criminal jurisdiction in said Cities of Baltimore, Annapolis, 
 Cumberland, Frederick, Hagerstown and Frostburg, to spe- 
 cially charge the Grand Juries of said courts upon the execu- 
 tion of the foregoing provisions ; and the police authorities of 
 said Cities are specially charged with the execution thereof, 
 and to that end shall direct nightly examinations by some of 
 their officers, of all such places. It shall not be lawful for any 
 person, agent, owner or proprietor of any sweat-shop or factory 
 where four or more persons are employed, to use any coal oil, 
 gasoline, or any other explosive or infiammable compound for 
 the purpose of lighting or heating in any form ; and any per- 
 son, agent, owner or proprietor violating this provision shaU 
 be guilty of a misdemeanor, and on conviction thereof, be fined 
 by the court before which such conviction is had, for every 
 violation, the sum of one hundred dollars and costs, and stand 
 committed until such fine and costs be paid. The owner or 
 owners of any such house or building used as a sweat-shop or
 
 133 
 
 factory where four or more persons are employed as gannent, 
 workers, on other than the first lioor of such house or building, 
 shall provide fire-escajjes for the same ; and if any owner or, 
 owners of any house or building so used, fail to make or pro- 
 vide a fire-escape, such owner or owners shall pay a tine of two 
 hundred dollars, to be recovered as other fines in this State, or 
 imprisonment in the City Jail for sixty days, or both fine and . 
 imprisonment, in the discretion of the court. 
 
 CARKIAGES AND HORSES. 
 
 281. The Board of Police Commissioners of the City of 
 Baltimore shall determine and fix the rate of fare to be charged 
 by the owners of hackney carriages in said City ; and every 
 owner of a hackney carriage who shall have obtained a license 
 therefor, as required by the ordinances of the Mayor and City ' 
 Council of Baltimore, shall be authorized and entitled, during 
 the time in such license specified, to ask, charge and receive, as 
 a compensation from every person using the same, the rates of 
 fare and compensation, and hire prescribed by the said Board 
 of Police Commissioners, and no more ; provided, that the > 
 provisions of this section shall not apply to the owners of 
 hackney carriages who conduct their business exclusively at ; 
 their respective stables. i 
 
 282. The owner of every licensed hackney carriage, other 
 than those excepted in the preceding section, before he shall 
 be entitled to charge, ask or receive any hire or compensation' 
 for the use thereof, shall cause the number of such carriage, 
 as stated in his license, in plain and easily legible figures, at 
 least two inches in length, to be painted or otherwise delineated ' 
 in conspicuous places on each side of such carriage, both with- ■ 
 in and without, and shall also keep in at least two conspicuous 
 positions in the interior of such carriage a copy of the rates of 
 fare or charges prescribed by the Board of Police Commission- 
 ers, as aforesaid, printed on white paper card, with black ink, 
 by types of a size not less than long primer, so that the same 
 may be conveniently seen and read in the daytime by any person^ 
 who may be a passenger in said carriage. Every owner of a 
 hackney carriage licensed as aforesaid, for the use of which' 
 any higher or greater rate of fare shall be asked and received ■ 
 bj any driver or other person having care of such carriage, 
 than that prescribed by this sub-division of this Article, or 
 who shall omit or neglect to comply with the directions herein:
 
 134 
 
 contained, shall incur a penalty of ten dollars ; every continu- 
 ance of an omission to comply with the provisions herein 
 contained for one day after any prosecution therefor, to be 
 taken as a distinct offence. 
 
 283. Every driver of any licensed hackney carriage who 
 shall refuse or omit when required, to inform any person using 
 such carriage or applying for the use of it, the true number 
 thereof, or the correct amount of the rates of fare authorized 
 to be charged for the use of it, or who shall wilfully mislead, 
 or misconvey, or insult, by abusive or indecent and opprobrious 
 language, any passenger whom he shall have in his care for 
 conveyance in the carriage of which he is driver, shall for every 
 such offence incur such penalty, not exceeding twenty dollars, 
 as shall be adjudged by the Mayor of the said City or any 
 Justice of the Peace therein, before whom complaint shall be 
 made by or on behalf of the party injured. 
 
 284. No driver or person in charge of cabs or hackney 
 carriages shall ask, charge, demand or receive more than the 
 rates of fare as established by the Board of Police Commis- 
 sioners in the City of Baltimore from time to time, from any 
 passenger or passengers ; and any person violating the provis- 
 ions of this section shall, upon conviction, be liable to a fine 
 not exceeding fifty dollars, or imprisonment in jail for a period 
 not exceeding six months nor less than thirty days, or both, in 
 the discretion of the court. 
 
 285. The proprietors of any hackney carriage in the City 
 of Baltimore who do not intend to go upon or use the public 
 stands in said City with such hackney carriages, shall at the 
 time of applying for a license for the same, as required by the 
 present or any future ordinances of the Mayor and City 
 Council of Baltimore, signify in writing such intention, and 
 thereupon a special license may and shall be granted to such 
 proprietors by the Comptroller or other proper officer of said 
 City; and for every special license thus granted there- shall be 
 paid such sum as is now or shall hereafter become payable for 
 other hackney carriages by the present or future ordinances of 
 said City. 
 
 286. No hackney carriages which shall be thus especially 
 licensed shall make use of or go upon or stand or wait for
 
 135 
 
 employment at any of the public stands designated by or under 
 the present or any future ordinances of the Mayor and City 
 Council of Baltimore, or at any place in said City, except the 
 premises of the owner thereof, under a penalty of twenty 
 dollars for every such offence ; one-half to be paid to the 
 informer, to be recovered against either the owner or driver 
 thereof, as fines of a like amount are now recovered. 
 
 287. Each and every proprietor of hackney carriages shall, 
 at the time when he applies for a special license, or any renewal 
 thereof, furnish the Comptroller or other proper officer of the 
 City of Baltimore with a correct statement of the number of 
 hackney carriages used by him ; and such owner, whenever he 
 shall increase the number of such hackney carriages, shall 
 report such increase to the Comptroller or other proper officer 
 of said City ; and every person violating any of the provisions 
 of this section shall forfeit his license, and be liable to a penalty 
 of ten dollars. 
 
 288. All penalties which shall be incurred under section 
 283 of this sub-division of this Article, or for the breach of 
 any of its provisions, may be recovered by warrant issued in 
 the name of the State, in the same manner as debts within 
 said City are recoverable, with the right of appeal to the 
 Baltimore City Court. 
 
 289. On the trial of such appeal, the party of whom the 
 penalty is claimed shall be entitled to a jury trial ; but there 
 shall be no stay of execution of any judgment appealed from, 
 unless the party appealing shall give bond, with security 
 approved by the officer rendering such judgment, and con- 
 ditioned that the party appealing shall prosecute the appeal 
 with effect, and obey, perform and pay such judgment as 
 shall be rendered by the Baltimore City Court on the trial 
 of said appeal. 
 
 290. All penalties which shall be recovered for the breach 
 of any of the provisions of this sub-division of this Article, 
 shall be appropriated one-half to the use of the dispensaries 
 in the City of Baltimore, to be equally divided between them, 
 and the other half to the use of the informer, whose name 
 shall be endorsed on the warrant issued for the recovery of 
 each respective penalty.
 
 136 
 
 291. It shall be lawful for any livery stable keeper to 
 retain in his custod^' any horse, mare or gelding placed under 
 his care for livery, and also any vehicle, until all charges for 
 so keeping shall be paid by the owner thereof. 
 
 292. It shall and may be lawful for such livery stable 
 keeper to sell any such horse, mare or gelding, or vehicle, at 
 public auction in the City of Baltimore, after giving at least 
 twenty days' notice in two of the daily newspapers published 
 in the City of Baltimore, of the time, place and manner of 
 sale ; and after deducting the amount due for keeping, together 
 with all expenses of said sale, to return the surplus, if any, to 
 the owner of such horse, mare or gelding, or vehicle. 
 
 293. Before proceeding as above, it shall be necessary for 
 such livery stable keeper to state an account for keeping of 
 such horse, mare or gelding, or vehicle, and prove the same 
 before a Justice of the Peace for the City of Baltimore, who, 
 upon being satisfied by proof of demand and refusal or 
 neglect to pay on the part of the owner, shall thereupon issue 
 his warrant authorizing such sale as aforesaid ; provided, that 
 the proprietors of such livery stables shall set up on their 
 premises, in some conspicuous place, a copy of the aforegoing 
 two sections, printed in large type, and their rates of livery. 
 
 CORONERS, INQUESTS AND DEAD BODIES. 
 
 294. The Governor, by and wdth the advice and consent of 
 the Senate, shall appoint and commission seven competent 
 physicians to act as coroners for the City of Baltimore, to hold 
 office during the period of two years, at an annual salary 
 of one thousand dollars each, payable quarterly by the City 
 Register ; and the said coroners shall be assigned to duty by 
 the Governor, and to each of the police districts of the City 
 of Baltimore ; and it is further provided, that whenever the 
 police districts of the City of Baltimore shall be increased in 
 number by the order of the Board of Police Commissioners 
 of Baltimore City, the Governor shall appoint an additional 
 coroner for each of the police districts so created ; provided, 
 that before entering upon the duties of their office, the per- 
 sons appointed shall take the oath of office prescribed by the 
 Constitution of the State of Maryland, for office-holders ; and 
 further, they shall give bond to the said State of Maryland, 
 with security to be approved by the judge of the Superior
 
 137 
 
 Court of Baltimore City, iu the penalty of two thousand' 
 dollars each, conditioned for the faithful performance of their ■ 
 duties, as now prescribed by law, or which shall hereafter be 
 prescribe^. 
 
 295. Each of the seven Coroners shall be assigned to such 
 sub-division or district of the City of Baltimore as the Gov- 
 ernor 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 othce during his absence or illness. 
 
 296. The Coroner shall hold an inquest over every person 
 found dead in his district in said City when the manner and 
 cause of death shall not be already known as accidental, or in 
 the course of nature. No Coroner's jury in said City shall 
 receive any fee or compensation for services as such ; and said . 
 Coroners are authorized and empowered to issue their certifi-^ 
 Gates • to the City Eegister for the payment of such expenses; 
 as may be necessary for the interment of any person over, 
 whom they, or either of them, has held an inquest, and whose 
 body is not claimed by friends or relatives ; jyrovided, the 
 amount of such expenses shall not in any case exceed the sum. 
 of seven dollars. , 
 
 297. Each of said Coroners shall make a monthly report 
 to the Police Commissioners of Baltimore City, of the number 
 of inquests held by him during the month last past before . 
 said report, with a full description, as far as may be, of the^ 
 persons who were the subjects of such inquests, their sex, age, , 
 color and nationality, the cause and mode of their death, and; 
 such other particulars as may be necessary to their identifica-; 
 tion, in case of strangers and unknown persons ; and each of 
 said Coroners shall also, immediately after holding an inquest, , 
 deposit in some bank of Baltimore City, subject to tlie order _ 
 of the Judges of the Orphans' Court of said City, all prop- 
 erty, money and other effects found upon the person of those 
 over whom he shall hold inquest, as hereinbefore provided. 
 
 298. Any public officer of Baltimore City or Baltimore 
 County having charge of or control over the bodies of deceased . 
 persons required to be buried at the public expense or at the, 
 expense of any institution supported by said City or County, , 
 shall notify the chairman of the Anatomy Board, said board
 
 138 
 
 being composed of a demonstrator of anatomy from each medi- 
 cal school in the State, of the existence and possession of 
 such bodies, and shall give permission to said Anatomy Board, 
 through its chairman, or to any physician or surgeon of the 
 State of Maryland upon his request made therefor, to take 
 such bodies within forty-eight hours after death, to be by him 
 used within the State for the advancement of medical science, 
 preference being given to medical schools, public and private ; 
 and said bodies shall be distributed to and among the same 
 equitably, the number assigned to each being proportioned to 
 that of its students ; provided, however, that if any person 
 claiming to be and satisfying the proper authorities that he 
 is, of kindred to the deceased, or that he was a friend to 
 deceased during his life, shall ask to have the body for burial, 
 it shall be surrendered for interment ; or if such deceased 
 person was a stranger or traveler who died suddenly, the body 
 shall be buried and not handed over as aforesaid. Any public 
 officer of Baltimore City or County having charge of or con- 
 trol over the bodies of the deceased persons required to be 
 buried at the public expense or at the expense of any institu- 
 tion supported by said City or County, who shall neglect or 
 refuse to comply with the requirements of this section, shall 
 be guilty of a misdemeanor, and shall upon conviction be fined 
 not less than fifty nor more than one hundred dollars for each 
 and every ofifence. 
 
 299. Every physician or surgeon, before receiving any 
 such dead body shall give to the proper authorities a sufiicient 
 bond that such body shall be used only for the promotion of 
 medical science within the State ; and whosoever shall use such 
 body for any other purpose, or shall remove the same beyond 
 the limits of this State, and whosoever shall sell or buy such 
 body, or in any way trafiic in the same, shall be deemed guilty 
 of a misdemeanor, and shall, on conviction, be imprisoned for 
 a term not exceeding five years at hard labor in the City Jail. 
 
 COURTS. 
 
 Superior Court, Court of Common Pleas and Baltimore City Court. 
 
 300. The judge before whom any case may be tried in 
 either the Baltimore City Court, the Superior Court of Balti- 
 more City, or in the Court of Common Pleas, shall have 
 exclusive jurisdiction to hear and determine, and the said
 
 139 
 
 judge shall hear and determine, all motions for a new trial 
 where such motions arise, either on questions of fact or for 
 misdirection upon any matters of law, and all motions in 
 arrest of judgment, or upon any matters of law, determined by 
 the said judge; and all such motions shall be heard and 
 determined within thirty days after they are made. 
 
 301. In no case shall either the plaintiff or defendant be 
 required to file a "paper book" of evidence or brief, in either 
 of the courts of the City of Baltimore. 
 
 302. The stated terms of the Superior Court of Baltimore 
 City, the Court of Common Pleas and the Baltimore City 
 Court, shall commence on the second Monday in January, the 
 second Monday in May, and the second Monday in September,. 
 in each year. 
 
 303. In addition to the first day of each term of the Superior 
 Court of Baltimore City, the Court of Common Pleas of the 
 City of Baltimore, and the Baltimore City Court, the second 
 Monday in February, March, April, June, July, August, Octo- 
 ber, November and December, in each year, shall be return 
 days, and the words "return day," wherever used in this sub- 
 division of this Article, shall apply as well to the first day of 
 each term as to the other return days herein enumerated, 
 
 304. All original writs, writs of execution, attachment, 
 replevin, ejectment, scire facias and habere facias, as well as all 
 other writs and process issued from or returnable to any of 
 said courts, which under the practice heretofore existing would 
 have been returnable to the first day of the term, or to a return 
 day, shall hereafter be made returnable to the first return day 
 after the issue of the same, or may be made returnable to the 
 second return day thereafter, if the party by whose direction 
 the same was issued, or his attorney, shall so request in writing. 
 
 305. On the return of an original writ, not executed in 
 either of said courts, the same may be renewed, returnable to 
 the next return day thereafter, and after two returns of any 
 original writ not executed at the two succeeding return days 
 after the writ is first issued, the same shall be permitted to lie 
 dormant, renewable only on the written order of the plaintiff" 
 or his attorney of record to such future return day as the said
 
 140 
 
 plaintiff or his attorney may elect, and upon a further return 
 if not executed, said writ shall be again permitted to lie, 
 renewable only as aforesaid, the said plaintiff or his attorney 
 having the right to renew said writ to as many subsequent 
 return days, under the saiue mode of procedure as may be 
 deemed proper, until the same is executed. 
 
 306. After the execution of any writ or other process made 
 returnable to a return day in either of said courts, the same 
 proceedings may be had thereupon as if the same had been 
 made returnable, and had been returned to a term of said court 
 under the practice heretofore existing, except as hereinafter 
 otherwise provided. 
 
 307. If a defendant be returned "summoned," and shall fail 
 to appear, the clerk of the court on the day following the 
 return day to which the writ or process served on him is 
 returnable, shall enter the appearance of any defendant so 
 summoned and failing to appear, and the action shall proceed 
 in the same manner as if the party had appeared in person. 
 
 308. When a declaration in any action shall be filed in 
 court, and a copy thereof delivered to the defendant before the 
 day of the return of the writ, and the defendant shall be sum- 
 moned before the said day of the return of the writ, he shall 
 plead before the next succeeding return day, or judgment by 
 default for want of a plea shall be entered by the court or clerk 
 thereof, upon motion in writing made by the plaintiff, or his 
 attorney, then, or at any time thereafter, before the filing of a 
 plea by the defendant, unless the court for good reason shall 
 have granted said defendant further time to plead; and upon 
 such entry of judgment, the plaintiff may forthwith sue out his 
 writ of inquiry, or otherwise enter up final judgment according 
 to the course of the court. 
 
 309. When any action shall be brought upon a titling and 
 the defendant shall have been summoned, the plaintiff shall file 
 his declaration within fifteen days after the return day to which 
 said defendant had been summoned, or judgment of }ion pros. 
 may be entered by the court or the clerk thereof against him 
 for want of a declaration, upon motion in writing made by the 
 defendant at any time thereafter, unless the court for good 
 cause shown shall grant further time ; but if the plaintiff shall
 
 141 
 
 have filed his declaration in any such action, at any time before 
 the entry of a judgment of non pros, against him, the defendant 
 shall be required to plead to such declaration within the time 
 and upon the terms prescribed by the rules of the court, or 
 judgment by default may be entered against him as provided 
 by said rules. 
 
 310. Every suit in which any defendant shall be returned 
 summoned, shall stand for trial or judgment (as against such 
 defendant) at the return day next succeeding the day to which 
 he has been summoned ; provided, the declaration shall have 
 been filed in court, and a copy thereof shall have been served 
 on the defendant, or his attorney, at least fifteen days before 
 said return day ; and all such suits in which final judgment is 
 not entered on that day, shall then be put at the end of the 
 trial calendar of the court in which they are brought, in the 
 order in which they were instituted in said court, and shall be 
 finally disposed of as far as possible when reached in their 
 regular course. 
 
 311. In all cases in which a party by law would be entitled 
 to a continuance, the court may, instead of continuing the cause 
 to the next term, j^ostpone the same for thirty days, or such 
 other period as will best subserve the interests of justice. 
 
 312. In any suit, when the cause of action is a contract, 
 whether in writing or not, or whether expressed or implied, the 
 plaintiff, if affidavit or affirmation be made, as hereinafter stated, 
 shall be entitled to judgment, to be entered by the court or 
 the clerk thereof, on motion, in writing, at any time after fifteen 
 days from the return day to which the defendant shall have 
 been summoned, although the defendant may have pleaded, 
 unless such plea contains a good defence, and unless the defend- 
 ant or some one in his behalf shall, under oath or affirmation, 
 state every plea so pleaded by the defendant is true ; and shall 
 further state the amount of plaintiff's demand, if anything, 
 admitted to be due or owing, and the amount disputed, and 
 further, that the affiant verily believes the defendant will be able 
 at the trial of the cause to produce sufficient evidence to sup- 
 port the plea as to the portion disputed, and that he is advised 
 by counsel to file the said plea ; and such plea shall be accom- 
 panied by a certificate of counsel that he so advised the party 
 making such oath or affirmation, and if the copartnership or
 
 142 
 
 incorporation of any of the parties to the suit shall be alleged 
 in the declaration and the affidavit to be filed therewith, as 
 hereinafter provided ; or if there shall be filed with the declara- 
 tion in said cause, any paper purporting to be signed by any 
 defendant therein, the fact of such alleged copartnership or 
 incorporation, and the genuineness of such signature shall be 
 deemed to be admitted for the purposes of said cause, unless 
 the said affidavit shall further state that the affiant knows, or 
 has good reason to believe, such allegation of copartnership or 
 incorporation to be untrue, or that such signature was not 
 written by or by the authority of the person whose signature it 
 purports to be. In case any part of the debt or damages 
 claimed be admitted to be due, the plaintiff shall be entitled 
 forthwith to an entry of judgment therefor, with costs in the 
 discretion of the court, to the time of entry of such judgment, 
 and if the amount so admitted to be due shall not be below 
 the "jurisdiction of the court, the plaintiff may at once have 
 execution therefor, and upon such entry of judgment the plain- 
 tift' may join issue or reply to the pleas as to the disputed 
 portion, and the case shall be proceeded with as to such dis- 
 puted portion in the same manner as if the suit had been 
 originally instituted for the recovery of the same; and the 
 court shall have jurisdiction as to such disputed portion in all 
 cases where the amount originally claimed shall be within the 
 jurisdiction of the court, but if either judgment in the case be 
 below the jurisdiction of the court, no execution shall issue 
 from that court on the same, and the provisions of section 17 
 of Article 26 of the Code of Public General Laws shall apply 
 thereto ; yet if the sum of the two judgments shall equal such 
 jurisdiction they may then be included in an execution issued 
 from that court ; provided, that the court for good cause shown, 
 may, by its order in writing, passed at any time before judgment, 
 extend the time for filing such pleas and affidavits, which 
 extension shall suspend, until the expiration thereof, the plain- 
 tiff's right to enter judgment under this section. 
 
 313. The plaintiff shall not be entitled to judgment under 
 the preceding section, unless at the time of bringing his action 
 he shall file with his declaration an affidavit or affirmation, if 
 the affiant is conscientiously scrupulous as to taking an oath, 
 stating the true amount the defendant is indebted to him, over 
 and above all discounts, and shall also file the bond, bill of 
 exchange, promissory note or other writing or account, by 
 which the defendant is so indebted ; or if the action be founded
 
 143 
 
 upon a verbal or implied contract, shall file a statement of the 
 particulars of the defendant's indebtedness thereunder. If 
 there are two or more plaintiffs, the said affidavit or affirmation 
 maj be made by any one of them, or if all the plaintiffs be 
 absent from the State at the time of the bringing of said suit, 
 or if the plaintiff be a corporation, the said affidavit or affirma- 
 tion may be made by any agent of plaintiff or plaintiffs, or any 
 of them, who will make further oath or affirmation that he has 
 personal knowledge of the matters therein stated ; and the 
 said affirmation or affidavit may be made before any of the 
 persons who may take an affidavit or affirmation to authorize 
 the issuing of a foreign attachment, and may be certified in 
 the same manner, 
 
 314. When any judgment by default shall be entered under 
 any of the preceding sections, the court may assess the damages 
 on proof thereof without empanelling a jury to do so, unless 
 the defendant shall have filed a motion in writing before the 
 entry of such default for a jury trial, and shall have stated in 
 «uch motion how much of the plaintiff's demand is disputed, 
 and how much thereof, if any, is admitted by said defendant 
 to be due, and in such case the plaintiff may forthwith have 
 judgment entered up for the amount so admitted, as provided 
 in the preceding section. 
 
 315. If the defendant shall dispute the whole or any part 
 of the plaintiff's demand in any action brought under the 
 provisions of the three foregoing sections, and upon trial of 
 the case the plaintiff shall recover a judgment for any portion 
 of his demand so disputed, then the plaintiff shall be allowed 
 in addition to the costs of the suit, reasonable counsel fees, to 
 be fixed by the court, said fees not to be less than twenty-five 
 dollars nor more than one hundred dollars. 
 
 316. Bills of exception may be signed in any cause pending 
 in any of said courts at any time within thirty days from the 
 rendition of the verdict of the jury or the findings of the court 
 upon the issues of fact in said cause, but not thereafter, unless 
 the time for signing said bill of exception shall have been 
 previously extended by order of court or by consent of parties ; 
 but nothing herein shall prevent either party from requiring 
 the bills of exception to be signed before verdict.
 
 144 
 
 r 317. Any action taken or order passed by any of said courts 
 in relation to any judgment rendered by it, if taken or passed 
 within tbirt}' days after the entry of such judgment, or upon a 
 motion or application made to it within said thirty days, shall 
 have the same eifect and force as it would have had under the 
 practice heretofore existing in said court, if taken or passed 
 during the term, or upon a motion or application made during 
 the term at which said judgment was entered, and no more ; 
 but any such action taken or order passed after the expiration 
 of thirty days from the entry of any judgment, (unless upon a 
 motion or application made within that time), shall have the 
 same effect and force as it would have had under such previous 
 practice, if taken or passed after the expiration of said term, 
 and no more ; and the said courts shall respectively have, for a 
 period of thirty days after the doing of any act or thing in any 
 cause before them, the same revisory power and control over 
 such act or thing which, under the practice heretofore existing, 
 they would have had over the same during the term at which 
 it was done, and no more ; and after thirty days from the 
 doing of any such act or thing, the said courts shall have the 
 same revisory power and control thereover, which, under such 
 previous practice they would have had after the expiration of 
 the term at which said act or thing was done, and no more. 
 
 318. In all cases where the pre-existing laws direct or 
 require that any act or thing shall be done in or by any of said 
 courts during the same term at which some other act or thing 
 may be done or happen, such first mentioned act or thing shall 
 hereafter be done within thirty days after the doing or happen- 
 
 'ing of said last mentioned act or thing. 
 
 319. All appeals from Justices of the Peace to the Balti- 
 more City Court shall stand for trial on the day following the 
 return day to which the appellee shall be returned summoned, 
 or the second return day to which the summons issued for the 
 
 ■appellee shall be returned iron est. But before the Baltimore 
 City Court shall proceed to try any such appeal, the court 
 shall first be satisfied that all costs incurred on the judgment 
 and proceedings before the justice have been paid by the 
 appellant. 
 
 320. In all cases in which appeals are or may be allowed 
 to the Baltimore City Court from the decisions of any commis-
 
 145 
 
 sioners, or other jjersons appointed in any manner to determine 
 any benefits or damages in any form of condemnation proceed- 
 ings, for the use of the Mayor and City Council of Baltimore, 
 it shall be lawful for the City to enter appeals in the same 
 manner and within the same time or times allowed for their 
 entry by other persons ; and all such appeals by whomsoever 
 prayed within the time or times limited therefor, shall be 
 heard and determined by the Baltimore City Court as speedily 
 as may be, each person interested being secured in his, her or 
 its rights to a jury trial ; and in case there should be more 
 than one appeal in reference to the same piece of property, 
 they may all be heard together, in the discretion of the Court, 
 before one jury ; provided, a sufficient panel of jurors be fur- 
 nished, so that the City and the owners or representatives of 
 each separate interest or estate in such property may strike 
 four names from such panel ; the practice, including the right 
 of appeal to the Court of Appeals in all such cases, shall con- 
 form as near as may be to the practice now prevailing in said 
 court in the trial of appeals from the decisions of the Commis- 
 sioners for Opening Streets. 
 
 321. The Supreme Bench of Baltimore City shall annually 
 designate two members of the said bench to sit in their respec- 
 tive courts, attended by their clerks, during the annual sittings 
 of the Registers of Voters, and also on the four Saturdays im- 
 mediately preceding the September session of the Registers of 
 Voters of the City of Baltimore, for the purpose of hearing and 
 determining applications for naturalization, and such applica- 
 tions shall have precedence over all other business. 
 
 321 '<^. The Supreme Bench is authorized to adopt rules and 
 regulations governing the subject of naturalization of aliens in 
 the Courts of Baltimore City, and imposing a uniform seal© 
 of charges to be collected from the persons applying for 
 naturalization to defray the expenses incident to the operation 
 of said rules and regulations. 
 
 322. Whenever the records of proceedings in any suit, 
 action or issue pending in one of the courts of common law in 
 the City of Baltimore shall be directed to be transmitted for 
 trial to some other such court of the said City, in accordance 
 with Article 4, section 8, of the Constitution, it shall be the 
 
 10
 
 146 
 
 duty of the clerk of the court from which the said record of 
 proceedings is so directed to be removed, to immediately 
 deliver to the clerk of the court to which the same is so 
 directed to be removed, all the original papers in the said 
 cause, together with a certified copy of all docket entries 
 relating to the same, which original papers and copy of docket 
 entries shall constitute such record of proceedings for the pur- 
 poses of such trial ; and it shall thereupon become the duty of 
 the judge of the court to which the said suit, action or issue 
 shall be removed immediately by special order to assign the 
 same for trial to such day, or in sequence to such other causes 
 as he shall consider just and proper. 
 
 Circuit Court of Baltimore City. 
 
 323. Whenever in any case instituted in the Circuit Court 
 a jury is asked for and allowed, or is desired by the Judge 
 thereof, the Judge shall issue an order to the Sheriff of Balti- 
 more City, requiring him to summon twenty jurors to attend 
 the court, when proceedings shall be had in such cases as is 
 usual in like cases in equity. 
 
 324- The Judge of the Circuit Court is not required to file 
 opinions for or in respect of any final decree or decretal order, 
 whenever such decree or order shall have passed upon argu- 
 ment, oral or in writing, on the part of any of the parties to a 
 cause. This section shall apply also to the Judge of the 
 Circuit Court Number Two of Baltimore City. 
 
 Circuit Court Number Two of Baltimore City. 
 
 325. Another court is established in and for the City of Bal- 
 timore, to be styled the Circuit Court Number Two of Balti- 
 more City. The powers and jurisdiction of said court shall 
 be concurrent with those now held and exercised by the 
 Circuit Court of Baltimore Citv, and both of said courts shall 
 have the same terms and return days ; subject, however, to 
 such rules and regulations for a proper distribution and appor- 
 tionment of business between them as the Supreme Bench of 
 Baltimore City shall from time to time prescribe. 
 
 326. There shall be elected another Judge of the Supreme 
 Bench of Baltimore City, by the legal and qualified voters of 
 said City, at the election to be held in said City on the Tues-
 
 147 
 
 day next after the first Monday of November, eighteen hun- 
 dred and eighty -eight ; the said Judge, when elected, to be 
 subject to all the provisions of the Constitution relating to 
 the Supreme Bench iu Baltimore City and the several judges 
 thereof. 
 
 327. There shall be elected at the same election by the 
 legal and qualified voters of Baltimore City, a clerk for said 
 Circuit Court Number Two of Baltimore City, who shall be 
 subject to all the provisions of the Constitution relating to the 
 Clerk of the Circuit Court of Baltimore City. 
 
 Criminal Court of Baltimore. 
 
 328. The Criminal Court of Baltimore shall hold three 
 regular sessions yearly, to commence on the second Monday 
 of January, second Monday of May, and second Monda}- of 
 September ; and such sessions shall continue until all the busi- 
 ness before it shall be finished. 
 
 329. At special sessions of said court, all cases may be 
 tried and disposed of as at the regular terms thereof. 
 
 330. The Criminal Court of Baltimore shall have jurisdic- 
 tion in all cases of felony, and other crimes, ojffences and mis- 
 demeanors within the City of Baltimore. 
 
 331. Any person convicted in the Criminal Court of Balti- 
 more of larceny committed in Baltimore City to an amount 
 under five dollars, may in the discretion of the judge of the 
 said court, be sentenced to hard labor in the jail of Baltimore 
 City for not less than six months nor more than two years, 
 instead of the penitentiary. 
 
 332. All commitments and recognizances for all felonies, 
 crimes, offences and misdemeanors committed within said City, 
 shall be returned from time to time by any Justice of the Peace 
 taking the same before said court, and shall be lodged with the 
 clerk of said coiirt on the day next preceding the day appointed 
 for holding the said court. 
 
 333. It shall be the duty of the Sheriff to make return of 
 each capias upon presentment or indictment from said court
 
 148 
 
 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 City, 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 Sherifi'. 
 
 334. The clerk of said court and the Sheriff of said City 
 shall be allowed only the fees for the issue of one capias, or 
 for the service of one capias in each term, however often the 
 same may be issued or returned. 
 
 335. All subpoenas for witnesses from said court shall be 
 returned by the Sherifi' within six days after the same are 
 issued by the clerk, or within six days after the day of the 
 renewal of such suhpanas, unless the same are ordered to be 
 returned immediately, in which case they shall be so returned, 
 if practicable. 
 
 336. The said Sheriff shall be allowed for the service of 
 one subpoena only, against any witness that may be returned 
 non est, and for whom the said subpxxna may be renewed, 
 whether once or oftener in one term. 
 
 337. The clerk of said court, if a subpoena is renewed by 
 order of the State's Attorney, or by the counsel of the prisoner 
 or traverser, shall endorse the renewal, on the subpoena, and 
 the same shall have all the legal effect of a new subpoena issued 
 in the term of said court during which said subpoena was first 
 issued. 
 
 338. The Sheriff of said City shall be subject to a penalty 
 of five dollars in each case in which returns are not made 
 within the time prescribed in this sub-division of this Article. 
 
 339. Witnesses appearing before the Grand Jury shall be 
 sworn in the presence of the Grand Jury by the foreman or by 
 some other member appointed by the foreman for that purpose.
 
 149 
 
 340. In all cases of misdemeanor which may be prosecuted 
 in said court at the instance of any person, if the party so 
 prosecuted shall be acquitted, all the legal costs and expenses 
 attending the prosecution shall be paid by the person at whose 
 instance such prosecution was commenced, unless the court 
 shall certify that there was probable cause for the prosecution. 
 
 341. The same process may be issued for the recovery of 
 the costs and expenses of such prosecution against the person 
 who may become liable therefor under the last preceding sec- 
 tion, as could be issued against the party prosecuted, if he had 
 been convicted. 
 
 342. The Mayor and City Council of Baltimore shall not 
 be liable in any criminal cases tried in the Criminal Court of 
 Baltimore for the appearance fees allowed by law to the 
 attorney of the traverser. 
 
 343. Whenever the Grand Jury shall find any presentment 
 against any person for misdemeanor they shall endorse on the 
 presentment the name of the person at whose instance such 
 presentment is made, who shall be deemed and taken to be the 
 person at whose instance such prosecution was commenced. 
 
 344. If any security in any recognizance shall request to 
 deliver up the principal, said court, or the judge thereof in the 
 recess, may accept such surrender, and may require and take 
 other recognizance, or commit the principal to jail until he 
 gives such security as the law requires. 
 
 345. If any person convicted in said court shall have a 
 child or children under the age of twenty-one years, and shall 
 not have property sufficient to maintain such child or children, 
 the said court may bind such child or children to any trade or 
 handicraft; females until the age of sixteen, and males until 
 the age of twenty-one years. 
 
 346. If any person who shall be summond as a witness to 
 said court shall fail to attend as required in said summons, he 
 shall be fined by said court in its discretion, not exceeding one 
 hundred and fifty dollars. 
 
 347. In all criminal cases in the said court in which bail 
 shall be forfeited, the person who shall have entered into such
 
 150 
 
 recognizance for the appearance of any traverser or prisoner 
 shall be liable forthwith to an attachment for contempt for the 
 non-appearance of said party, which attachment shall be issued 
 by the court in which an indictment against said traverser or 
 prisoner is pending, at the instance of the attorney prosecuting 
 therein. 
 
 348. In all cases in which bail as aforesaid is forfeited, the 
 court may, on the return of said attachment, order the person 
 attached to stand committed until the amount of said recogni- 
 zance is fully paid and satisfied, or may order said person to 
 be discharged upon the payment of such lesser sum as it shall, 
 in its discretion, deem proper ; provided, such sum be not less 
 than the amount of the costs which may have accrued in the 
 case up to the time of passing such order. 
 
 349. In all criminal cases removed from the Circuit Court 
 for Baltimore County to the Criminal Court of Baltimore and 
 tried, the Judge of the Criminal Court may allow to the State's 
 Attorney for Baltimore City, in addition to the sum now 
 allowed by law, a compensation not exceeding forty dollars in 
 any one case, to be paid by Baltimore County to the City 
 Eegister, for the benefit of the State's Attorney. 
 
 350. 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. 
 
 351. The Mayor and City Council of Baltimore shall levy 
 and pay such sum as in their judgment will be an adequate 
 compensation for the services rendered by such assistant 
 counsel ; provided, the sum levied and paid in any single 
 shall not exceed one hundred dollars. 
 
 Orphans Court 
 
 352. The Judges of the Orphans' Court of Baltimore City 
 shall receive five dollars for every day's attendance upon the 
 sessions of said Court, to be paid by the City of Baltimore 
 monthly, and the sessions of said Court shall continue from 
 11 A. M. until 3 P. M., if necessary for the transaction of 
 business of the Court.
 
 151 
 
 353. The Bailiff of said Orphans' Coui-t shall receive five 
 dollars a day for each day's attendance upon said Court. 
 
 Register of Wills. 
 
 354. The Eegister of Wills of Baltimore City, upon his 
 election or apjjointment, and at and 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 Judges of the 
 Orphans' Court for said City, the same to be approved by the 
 Comptroller of the State, and when approved, to be filed in his 
 office. 
 
 355. When said bond is inspected by the judges of said 
 court, and is deemed good and sufficient, and is so certified, 
 the same shall be forthwith entered among the proceedings of 
 said court, and sent to the Comptroller for his approval ; and 
 when said bond shall be approved by the Comptroller, he shall 
 forthwith make a certificate of the fact of such approval, and 
 send the said certificate to the Judges of said Orphans' Court, 
 and the same shall be entered among the proceedings of the 
 court. 
 
 356. A refusal or neglect on the part of said Register to 
 give bond, to be approved and recorded as aforesaid, within 
 the time prescribed, shall be deemed a disqualification within 
 the meaning of the Constitution, and thereupon his place shall 
 be filled according to the provisions of the 25th and 41st 
 sections of the 4th Article of the Constitution, and subject to 
 the term and service therein prescribed. 
 
 Clerks of Law Courts of Baltimore City. 
 
 357. The Clerk of the Superior Court of Baltimore City 
 shall give bond to the State of Maryland in the sum of thirty 
 thousand dollars ; the Clerk of the Court of Common Pleas in 
 the sum of fifty thousand dollars, and the Clerk of the Balti- 
 more City Court in the sum of twenty thousand dollars, each 
 of said bonds conditioned for the faithful performance of all 
 the duties now required of each of said clerks by law, with 
 sufficient securities ; the sufficiency of which securities shall be 
 certified to by the Judge of each of said courts, and approved 
 by the Comptroller of the State as herein directed.
 
 152 
 
 358. Wiien the sufficiency of the securities in each of said 
 bonds is certified to by the judges of the several courts, the 
 bonds shall be immediately recorded among the proceedings 
 of the court to which the said clerk belongs, and then sent to 
 the Comptroller for his apj)roval ; and if the Comptroller shall 
 approve said bonds and securities he shall certify the same to 
 the judges of said several courts, and such certificates shall be 
 recorded in such respective courts. 
 
 359. Each of said clerks shall every second year renew 
 his said bond in the same penalty, and with securities to be 
 certified and aj^proved as hereinbefore directed. 
 
 360. If any one of the clerks of said courts shall fail to 
 give bond as hereinbefore directed, within thirty days after he 
 has received his commission, or shall fail to give a new bond 
 within thirty days after the expiration of two years from the 
 date of the bond previously given, it shall be regarded as a 
 misdemeanor in office, and upon conviction thereof he shall be 
 removed. 
 
 361. No deputy or assistant of a clerk shall become a 
 surety on his official bond. 
 
 362. The Clerks of the Superior Court of Baltimore City, 
 of the Common Pleas, and Baltimore City Court are each 
 authorized and required to prepare an index of all judgments 
 rendered in the courts aforesaid ; and they shall severally, on 
 each day after the adjournment of court, enter in a book to be 
 provided for that purpose, an index of each judgment rendered 
 in the court whereof he is clerk; and thev are authorized 
 severally to charge and receive ten cents for each judgment 
 indexed as aforesaid ; said fee to be taxed in the bill of costs 
 of each case in which judgment is entered — to be collected as 
 other fees are now collected. 
 
 363. All the provisions of sections 57-62 of Article 17 of 
 the Code of Public General Laws, title "Clerks of Courts," 
 sub-title "Clerks of the Circuit Courts," relating to the obtain- 
 ing of blank licenses, granting the same and returning an 
 account thereof to the Comptroller by the clerks of the circuit 
 courts for the counties, shall apply to the Clerk of the Court 
 of Common Pleas, and it shall be his duty to comply with such 
 provisions.
 
 163 
 
 364. The Clerk of the Superior Court of Baltimore City 
 is authorized and empowered to have fair and legible copies 
 made of such land record books in his custody of the classes 
 and description hereinafter named, as have become worn, 
 mutilated or illegible, that is to say, fifty-six volumes of the 
 said land record books, of a date f)rior to the year eighteen 
 hundred ; five volumes of the series of land record books 
 known as "W. G." and eight volumes of the said land record 
 books, of the series known as "E. D." 
 
 365. A copy made in pursuance of the provisions of the 
 preceding section, and compared and certified under oath by 
 the said Clerk of the Superior Court of Baltimore City, to be a 
 true copy, shall have the same force and effect when deposited 
 among the said land records of said City, as if it were an 
 original record. 
 
 366. After the aforesaid copies shall have been duly made 
 as above provided, the original land record books so replaced 
 shall be removed to some place of safe keeping by the said 
 Clerk of the Superior Court of Baltimore City, and carefully 
 preserved, and only exhibited or allowed to be inspected upon 
 an order of court, or in the discretion of the said Clerk of the 
 Superior Court of Baltimore City. 
 
 Clerli, of the Criminal Court of Baltimore. 
 
 367. The Clerk of the Criminal Court of Baltimore shall 
 give bond to the State of Maryland in the penalty of fourteen 
 thousand dollars, with sufficient security, to be approved by 
 the Judge of said court, and conditioned for the faithful per- 
 formance of all the duties now required, or which may here- 
 after be required of him by law, and to be recorded in the 
 office of said clerk. 
 
 368. The said clerk shall renew said bond at the same time 
 and under the same penalty as are prescribed for the clerks of 
 the Circuit Courts. 
 
 GlerTc of Circuit Court of Baltimore City, and of the Circuit 
 Court Number Tivo of Baltimore City. 
 
 369. The Clerk of the Circuit Court of Baltimore City, and 
 of the Circuit Court Number Two of Baltimore City, shall
 
 154 
 
 respectively enter into bond to the State in the penalty of 
 twenty thousand dollars, conditioned for the faithful discharge 
 of his duties, with security to be approved by the Judge of 
 said courts. 
 
 Salaries of Cler^ks of Courts. 
 
 370. Whenever the fees or other compensation of any of 
 the clerks of the courts of Baltimore City shall, after the pay- 
 ment of all necessary expenses, fail to pay such ofl&cers the 
 salary provided for by the Constitution, and any of said clerks 
 shall, under section 1st, Article 15, of the Constitution, have 
 paid to the State any sum of money as excess, after retaining 
 his salary, such excess is appropriated to the payment of the 
 salary so in arrear until each of said clerks shall have received 
 the full amount thereof ; and it shall be the duty of the Comp- 
 troller of the State to draw a warrant upon the State Treasurer 
 for the payment of said arrears out of the said excess, not to 
 exceed the whole amount so in arrear, and not to exceed the 
 whole amount of said excess paid into the treasiiry of the 
 State. 
 
 371. The Comptroller of the State of Maryland be and he 
 is hereby directed to draw^ a w^arrant upon the State Treasurer 
 for the payment of the sum of twenty-five hundred dollars per 
 annum in each and every year, in quarterly instalments of six 
 hundred and twenty-five dollars at the end of each and every 
 quarter, for the compensation of the trust clerk designated by 
 the Supreme Bench of Baltimore City in the offices of the 
 Circuit Court of Baltimore City and Circuit Court No. 2 of 
 Baltimore City, for the supervision of the trust estates in said 
 courts, payment of said salary to be made out of any money 
 paid by the clerks of the several courts of Baltimore City unto 
 the State Treasury, and on the certificate of some one of the 
 judges of the Supreme Bench of Baltimore City that such trust 
 clerk has performed his duties for the time so certified by said 
 judge. 
 
 Criers, Bailiffs, Watchmen and Stenographer's. 
 
 372. The Clerks of the Circuit Court, Circuit Court Number 
 Two, the Criminal Court, the Court of Common Pleas, the City 
 Court and the Siiperior 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 bailifi's and criers of 
 their respective courts, and the Mayor and Register shall pay 
 them accordingly.
 
 155 
 
 373. The City Kegister shall pay to the crier of the Superior 
 Court of Baltimore City, the crier of the Baltimore City Court, 
 and the crier of the Court of Common Pleas of Baltimore City 
 the sum of fifteen hundred dollars per annum, in monthly 
 instalments of one hundred and twenty-five dollars at the end 
 of each and every month, as and for their respective salaries, 
 on the certificates of said clerks of the said courts that said 
 criers have performed their several duties as criers of said 
 courts for the time so certified by said clerks. 
 
 374. The City Kegister shall pay to the bailifts, 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, of the Circuit Court 
 Number Two of Baltimore City and of the Criminal Court of 
 Baltimore City the sum of fifteen hundred dollars per annum, 
 as and for their respective salaries, at the same time and in 
 the same manner as is provided in the preceding section for 
 the payment of the salaries of the crier of the Superior Court, 
 the crier of the Baltimore City Court and the crier of the 
 Court of Common Pleas of Baltimore City. 
 
 375. The Clerk of the Circuit Court of Baltimore City and 
 the Clerk of the Circuit Court Number Two of Baltimore City 
 are respectively authorized and empowered to appoint a night 
 watchman, whose duty shall be to strictly and vigilantly guard 
 throughout the year, between the hours of six P. M. and seven 
 A. M., the records and papers deposited in their respective 
 ofiices, and who shall be removed in the discretion of the said 
 clerks, respectively, for neglect or carelessness in the discharge 
 of his duties, or for other good and sufficient cause. 
 
 376. The City Register shall pay to the said watchmen the 
 sum of nine hundred dollars per annum, as and for their 
 respective salaries, in the same manner as is provided for the 
 payment of the salaries of the bailifi"s of the courts. 
 
 377. The Clerk of the Court of Common Pleas in Balti- 
 timore City is authorized and empowered to appoint a night 
 watchman, whose duty it shall he to strictly and vigilantly 
 guard, throughout the year, the records and papers deposited 
 in the office of the Clerk of the Court of Common Pleas, and 
 who shall be removed, in the discretion of the said clerk, for
 
 156 
 
 neglect or carelessness in the discharge of his duties, or for 
 other good and sufficient cause. 
 
 378. The City Eegister shall pay to the said watchman the 
 sum of eighty-three dollars and thirty-three cents per month, 
 as and for his salary, in the same manner as is provided for 
 the payment of the salaries of the bailiffs of the courts. 
 
 379. The Judges of the Supreme Bench of Baltimore City 
 are authorized and directed to appoint from time to time as 
 many court stenographers, not exceeding in number altogether 
 the number of said judges, as shall in their discretion be 
 required for the services of the several courts of Baltimore 
 City, who shall be sworn officers of the court, and shall each 
 be paid a salary of fifteen hundred dollars per annum, when 
 such stenographers shall be required to attend the courts regu- 
 larly, or ten dollars per diem for each day of actual employ- 
 ment, when he shall be appointed to attend only when his 
 service shall be specially required by the judge ; said salaries 
 to be paid in like manner as the salaries of the other officers 
 of the courts are now paid as jarescribed in section 372 of this 
 sub-division. 
 
 380. Each of the stenographers so appointed shall be 
 skilled in the practice of his art, and shall hold his position 
 during the pleasure of the Supreme Bench. It shall be his 
 duty, under the direction of the judge of the court to which 
 he may be assigned for the time being, to take full steno- 
 graphic notes of all oral testimony and judicial opinions orally 
 delivered in every judicial proceeding ; and it shall be his duty 
 to furnish to any party to such proceeding, upon request, a 
 typewritten copy of the notes of testimony and judicial opinions 
 so taken by him, or of such part thereof as may be required, 
 on payment by such party of the expenses of such copy, at 
 such rates as shall be fixed by iiile of court at the time. 
 Whenever any judge shall be satisfied that a copy of all or 
 any part of the stenographic notes of testimony or judicial 
 opinions, taken during any judicial proceeding at which he 
 presided, is necessary for the purpose of justice, he shall, 
 under such mles as shall be prescribed by the Supreme Bench, 
 pass an order that the expense of making a copy of such part 
 of said stenographic notes as he shall specify in said order 
 shall be deemed a necessary disbursement of the proceeding,
 
 157 
 
 and allowed as such to the prevailing party, and it shall be so 
 taxed in the bill of cost, but shall be paid in the first instance 
 as shall be directed in said order. 
 
 381. The Judges of the Orphans' Court of the City of Bal- 
 timore are authorized and directed to appoint a stenographer 
 for that court, who shall be a sworn officer of the court, but 
 shall be required to attend the sessions of such court only 
 when specially summoned by the presiding judge thereof. 
 The stenographer so appointed shall be skilled in the practice 
 of his art, and shall hold his position so long as he efficiently 
 discharges the duties of his olhce. In any proceeding in said 
 court in which either party shall give notice that in the event 
 of a decision of said court adverse to the claim of such party, 
 an appeal will be taken to the Court of Appeals, the presiding 
 judge of the court shall require the attendance of the stenog- 
 rapher, whose duty it shall be in such proceedings to take 
 full stenographic notes of all oral proofs and judicial opinions 
 orally delivered ; and in case appeal shall be taken from the 
 decision of the court, such notes shall be transcribed, and 
 after being signed by the witnesses, deponents or affiants, 
 shall become a portion of the record of the case, to be trans- 
 mitted by the judges of the court to the Court of Appeals. 
 By consent of the parties to the proceeding in which such 
 proofs shall be taken, and of the judges of said court, the 
 signing of such record of proof by the witness, deponent or 
 affiant, may be waived ; in which case such record, after being 
 authenticated by the certificate of said stenographer, or of the 
 presiding judge of the court, shall be deemed to be the record 
 of any proofs or proceedings so taken. The stenographer 
 shall receive as compensation for his services the sum of 
 eight dollars for each day of actual attendance at the court, by 
 direction of the presiding judge thereof, which sum the pre- 
 siding judge shall cause to be paid equally by the respective 
 parties to the proceeding in which the notes shall be taken, 
 and shall enforce payment thereof; and if the notes so taken 
 shall be transcribed, as hereinbefore provided, the expense of 
 such transcriptions, at the rate of ten cents for each one hun- 
 dred words so transcribed, shall be taxed in the bill of costs 
 of the proceeding to the party appellant, and shall thereafter 
 be awarded as costs by the Court of Appeals, in accordance 
 with the provisions of the Code of Public General Laws.
 
 158 
 
 382. The stenographer in each of the courts hereinbefore 
 named may appoint an assistant stenographer, who shall also 
 (be a sworn officer of the court, to assist him in the discharge 
 of his duties ; j^t'ovided, that no additional compensation shall 
 be paid or expense incurred by reason of such appointment. 
 
 Sherif 
 
 383. The Sheriff of Baltimore City shall be allowed four 
 dollars per day for every day he shall attend, either in person 
 or by deputy, in the Superior Court of Baltimore City, and in 
 the Court of Common Pleas, and in the Baltimore City Court, 
 and in the Criminal Court of Baltimore, to be paid to him out 
 of the money received as fees or fines in the Sheriff's office, 
 belonging to the State. 
 
 384. Any officer may send out his fees on execution at any 
 time during the year. 
 
 385. The Sheriff shall collect the fees due to the following 
 officers, which may be placed in his hands for collection, 
 namely : attorneys, clerks of all the courts, commissioner of 
 the land office, coroners, criers, registers of wills, surveyors 
 and sheriffs. 
 
 386. The Sheriff may distrain or execute the goods and 
 chattels of any person against whom any fees are placed in his 
 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, Docket Entries and Records. 
 
 387. Witnesses attending any of the Courts of Baltimore 
 City, except the Criminal Court of Baltimore, shall be entitled 
 to fifty cents a day, and in the Criminal Court shall not be 
 entitled to said allowance, except by the express order of the 
 Court, and only in such cases as the Court in its discretion 
 may deem proper. But any of the Courts of Baltimore City 
 may, in it discretion, allow itinerant charges to out-of-town 
 witnesses. 
 
 388. In any suit now pending, or hereafter to depend, in 
 any court in the City of Baltimore, wherein a transcript of the 
 record of any cause in any other court in the City of Baltimore
 
 159 
 
 might be offered in evidence, it shall be sufficient to produce 
 the docket entries and original papers and proceedings in said 
 last-mentioned cause, or the record book in which the same 
 have been recorded, if required by law to be recorded, and 
 actually recorded, and offer the same in evidence ; and the 
 same, when so produced and offered in evidence, shall have the 
 same effect, to all intents and purposes, as a transcript of the 
 record thereof, under the seal of the court wherein the same 
 are ; and such production may be had by any party to a suit 
 upon a subpoena duces tecutn issued to the clerk of the court 
 wherein such docket entries, original papers and proceedings 
 may be. 
 
 Costs. 
 
 389. In all actions at law for wrongs, independent of con- 
 tracts, in any of the courts of Baltimore City, where the ver- 
 dict or inquisition of damages after default made shall be for 
 a sum less than fifty dollars, the cost shall be adjudged to 
 the defendant, unless the Court shall otherwise determine ; but 
 the Court, before allowing costs to the plaintiff in such case, 
 shall be satisfied that he had good reason for not bringing suit 
 before a Justice of the Peace ; and in all cases of appeals 
 whatsoever from judgments of Justices of the Peace in Balti- 
 more City, costs shall be allowed to plaintiff' or defendant, in 
 the discretion of the Court ; provided, that in all cases involv- 
 ing the title to real estate, wherein the verdict or judgment is 
 for the plaintiff, he shall be allowed his costs. 
 
 CRUELTY TO ANIMALS. 
 
 390. If any person shall wilfully cause or procure any 
 bull-baiting, cock-fighting or the fighting of dogs, in the City 
 of Baltimore, or shall wilfully and wickedly kill, cripple or 
 commit acts of cruelty upon animals in said City, or any of 
 the streets, lanes or alleys thereof, every such person and those 
 aiding therein shall be liable to prosecution and punishment 
 in the Criminal Court of Baltimore as for other misdemeanors. 
 
 391. Whoever shall unnecessarily overdrive, overload, 
 overwork, torture, torment, deprive of necessary sustenance, 
 cruelly or unnecessarily beat, cruelly mutilate or cruelly kill, or 
 cause to procure to be so unnecessarily overdriven, overloaded, 
 overworked, tortured, tormented, deprived of necessary suste- 
 nance, cruelly or unnecessarily beaten, mutilated or killed, any
 
 160 
 
 horse, ox or other animal, shall be punished by a fine of not 
 less than live dollars, nor more than twenty dollars, to be 
 recovered on complaint of any member of the Society for the 
 Prevention of Cruelty to Animals, or by any other person, 
 before any justice of the Peace in Baltimore City, or before 
 any Justice of the Peace or Judge of any Court in any county 
 in this State. 
 
 392. Every owner, driver or possessor, or person having 
 charge or custody of a maimed, disabled or diseased horse, 
 mule or other animal, who shall cruelly work the same when 
 unfit for work, or cruelly abandon the same, shall be punished 
 in the same manner as provided in section 391. 
 
 393. It shall be the duty of any Justice of the Peace in the 
 City of Baltimore, or the judge of any court therein, or in any 
 county in this State, before whom is brought for trial any 
 person charged with the violation of any of the provisions of 
 this sub-division of this Article, to admit the president of the 
 Society for the Prevention of Cruelty to Animals, or the 
 counsel of said society, to aid any State's Attorney in the 
 prosecution of such person. 
 
 394. Any person who shall keep or use any bull, bear or 
 dog, for the purpose of fighting or baiting the same, or as a 
 target to be shot at, either for amusement or as a test of skill 
 in marksmanship, or who shall be a party to or be present as a 
 spectator at any such fighting, baiting or shooting of any bear, 
 bull or dog, or any person who shall rent any room, shed, 
 ground or premises for the purpose of fighting, baiting or 
 shooting any animal, as aforesaid, shall, upon conviction 
 thereof, be deemed guilty of a misdemeanor, and be punished 
 by a fine of not less than fifty dollars, or be imprisoned in the 
 jail of the City of Baltimore, or in the county jail of the county 
 in which the ofifense may have been committed, for not less 
 than thirty days nor more than ninety days, or be both fined 
 and imprisoned, in the discretion of the court before whom 
 such person may be tried and convicted. 
 
 DEAP, DUMB AJSTD BLIND. 
 
 395. It shall be the duty of the Mayor and City Council of 
 Baltimore, on the application of any parent, guardian or next 
 friend (provided such parent, guardian or next friend has been
 
 161 
 
 a bona fide citizen of this State for at least two years previous 
 to such application) of any deaf and dumb person of teachable 
 age and capacity, not exceeding the age of twenty-one years, 
 to inquire into the age and capacity of said deaf and dumb 
 person, and also into the ability of such person, his or her 
 parent or guardian, to pay the expense of his or her education ; 
 and if satisfied by evidence produced that such person is of 
 teachable age, and is endowed with capacity to receive insti'uc- 
 tion, and that neither person, or his or her parents or guardian 
 is possessed of means to pay for such instruction, then it shall 
 be the further duty of the Mayor and City Council of Balti- 
 more aforesaid to certify the same to the Governor of this 
 State. 
 
 396. On receiving the certificate of the Mayor and City 
 Council of Baltimore as aforesaid, it shall be the duty of the 
 Governor to authorize the instruction of said deaf and dumb 
 person in the Maryland Institute for the Education of the 
 Deaf and Dumb, located at Frederick, for a term not exceeding 
 seven years ; and it shall be the further duty of the Governor, 
 on the certificate of the j)resident of said institution that such 
 deaf and dumb person has been taught at said institution, to 
 order the Comptroller of the Treasury to draw his warrant on 
 the Treasurer of the State for two hundred dollars per annum 
 for each deaf and dumb person taught in pursuance of his 
 authority at said institution, payable to the j^resident thereof, 
 in quarterly payments, on the first days of January, April, July 
 and October in each year ; and the Governor shall also order 
 the Comptroller of the Treasury to draw on the State Treasurer 
 his warrant, payable to the proper party, for the expenses nec- 
 essarily incurred in transporting and returning said deaf and 
 dumb person ; provided, that the whole amount drawn from the 
 treasury for the purposes aforesaid shall not exceed seven 
 thousand five hundred dollars in any one year ; provided further 
 that the Governor shall dispose of applications in behalf of deaf 
 and dumb persons, under the provisions of this sub-division 
 of this Article, in the order in which they may be made ; and 
 if the applications be more than sufiicient to absorb the fore- 
 going appropriation, he shall suspend the action upon the excess 
 until vacancies occur, or further provision be made by the 
 General Assembly. 
 
 11
 
 162 
 
 397. A sum not exceeding twenty-one thousand dollars shall 
 be and is hereby annually appropriated, to be apj)lied, under 
 the direction of the Governor, in placing for instruction in the 
 Maryland Institution for the Instruction of the Blind, such 
 indigent blind persons of the age of nine years and upwards, 
 inhabitants of this State and the county or City from which 
 they are recommended, to the Governor by the county commis- 
 sioners of each county, or the judges of the Orphans' Court of 
 Baltimore City. 
 
 398. The recommendation shall state that such blind per- 
 sons are in such indigent circumstances as to be unable, from 
 their own resources, or those of their parents, to obtain instruc- 
 tion, and are of good natural capacity. 
 
 399. The amount per annum paid for any one individual 
 shall not exceed the sum of three hundred dollars, nor the term 
 of instruction eight years. 
 
 400. The Governor shall report to the General Assembly 
 at each regular session thereof the amount of money expended 
 by him in pursuance of the j)rovisions of this sub-division of 
 this Article, and the names, ages and places of residence of 
 the different applicants. 
 
 DESTROYING PROPERTY MALICIOUSLY. 
 
 401. If any person shall maliciously cut, disfigure, muti- 
 late, damage, destroy, or otherwise injure any goods, wares, 
 materials or merchandise intended to be manufactured, made 
 up or converted into garments, wearing apparel or other articles 
 of merchandise, and belonging to any other person, or shall 
 maliciously cut, disfigure or otherwise injure any garments, 
 wearing apparel or other articles of merchandise belonging to 
 any other person, or shall cause the same to be done, or shall 
 by any means cause or incite any person to do the same, upon 
 conviction thereof, before any tribunal of competent jurisdic- 
 tion, he shall be fined not more than fifty dollars, or be 
 sentenced to imprisonment in the House of Correction for not 
 more than six months, or both fined and imprisoned in the 
 discretion of the court. 
 
 ELECTIONS — PRIMARY. 
 
 402. All primary elections hereafter to be held in the City 
 of Baltimore by any political party, which, at the preceding
 
 1G3 
 
 general election polled a sufficient percentage of the vote cast 
 to entitle it to have its candidates placed upon the official ballot 
 by nominations made by primary elections, or by convention, 
 shall be by ballot, and at such time, in such manner, and 
 subject to such rules and regulations as may prescribed by the 
 regulations, customs and party usages of the political party 
 holding such primary elections, and not inconsistent with the 
 provisions of this Article. 
 
 403. If any person at any primary election of any political 
 party, held hereafter in the City of Baltimore for the purpose 
 of selecting one or more candidates to be voted for by the 
 people for public office, or for the purpose of selecting dele- 
 gates to any convention of such j^olitical party, shall know- 
 ingly personate and vote, or attempt to vote in the name of 
 any other person, whether living, dead, or fictitious, or vote 
 or attempt to vote more than once at any such primary elec- 
 tion, or knowingly and fraudulently vote, or attempt to vote at a 
 place where he is not entitled to vote, or by force, threat, 
 intimidation, bribery, reward or offer thereof, unlawfully pre- 
 vent any person entitled to vote at such primary election, from 
 freely exercising his right to vote thereat, or by any fraudu- 
 lent means, induce or compel any person entitled to vote to 
 refuse to or abstain from exercising such right, or induce or 
 compel by any fraudulent means any judge or other officers 
 of any such primary election, to receive a vote from any person 
 not entitled to cast such vote, he shall, on conviction thereof, 
 be deemed guilty of a misdemeanor, and be punished by a fine 
 of not more than two hundred dollars or by imprisonment in 
 jail, for not more than six months, or by both such fine and 
 imprisonment, in the discretion of the court. 
 
 404. If any judge, or other officer of a primary election 
 shall knowingly and fraudulently receive a vote from any person 
 not entitled to vote, at such primary election, or knowingly 
 and fraudulently refuse to receive the vote of any person entitled 
 to vote at such primary election, or shall fraudulently make, 
 sign, publish or deliver any false tally or return of the result 
 of any such primary election, or any certificate of the result of 
 a primary election, knowing the same to be false, he shall, on 
 conviction thereof, be deemed guilty of a misdemeanor, and be 
 punished by a fine of not more than three hundred dollars, or 
 by imprisonment in jail for not more than six months, or by 
 both such fine and imprisonment, in the discretion of the court.
 
 164 
 
 405. If any person, whether an officer of such primary elec- 
 tion or not, shall knowingly and fraudulently put any ballot, 
 or other paper, having the semblance of a ballot, into any ballot 
 box being used, or to be used for receiving the votes at any 
 such primary election, with intent to affect the result of such 
 primary election, during such primary election, and in good 
 faith received as such, or if any person shall, before or during 
 the canvass of ballots at any such primary election, in any 
 manner change, substitute or alter any ballot taken from the 
 ballot box, then being canvassed or about to be canvassed, or 
 shall remove any ballot or semblance thereof from, or add any 
 ballot or semblance thereof to, the ballot taken from such 
 ballot box, and then being canvassed, he shall, on conviction 
 thereof, be deemed guilty of a misdemeanor, and shall be 
 punished by a fine of not more than three hundred dollars, 
 or by imprisonment in jail for not more than six months, or 
 by both such fine and imprisonment, in the discretion of the 
 court. 
 
 406. If any oath or affirmation is administered by the 
 judges or other officers of any primary election, to any person 
 or persons, for the purpose of determining the right of such 
 persons, or of any other person, to vote at such primary elec- 
 tion, and any person taking such oath shall wilfully and pur- 
 posely swear falsely in regard to any matter so inquired of, 
 he shall be deemed guilty of a misdemeanor, and, on conviction 
 thereof, be punished by a fine of not more than three hundred 
 dollars, or by imprisonment in jail for not more than six months, 
 or by both such fine and impisonment, in the discretion of the 
 court. 
 
 407. One accredited representative of each and every can- 
 didate or group of candidates, to be voted for at each primary 
 election, to be designated in writing, by such candidates or 
 group of candidates, and in case of his necessary absence a 
 substitute similarly selected, shall be entitled to be, and remain 
 in full view of the ballot box from the opening to the close of 
 the election, and during the count of the ballots, shall be 
 entitled to take such position as will enable him to scrutinize 
 the ballots as they are counted by the proper officers of the 
 primary election, and a refusal to permit any such duly accred- 
 ited representative to exercise such rights, shall be a misde- 
 meanor, punishable by a fine not exceeding two hundred dollars,
 
 165 
 
 or by imprisonmeut not exceeding three months, or by both' 
 fine and imprisonment, in the discretion of the court. 
 
 408. If at the place appointed for holding any such election, 
 and when ten minutes after the time fixed for beginning the 
 same have expired, any one or more of the judges so elected 
 shall fail to appear, or appearing, shall not have qualified, the 
 other judges or judge present and qualified shall appoint from 
 among the friends of the candidate in whose interest said judge 
 or judges who failed to appear was or were appointed, some 
 other person or persons having the requisite qualification to 
 act as judge or judges of said election, and administer to him 
 or them the oath or affirmation required in the preceding 
 section, so that there shall always be three judges at such 
 election ; and if any or both of said clerks shall fail to appear 
 or qualify within the time aforesaid, the judges of election of 
 saicl ward shall appoint from among the friends of the candi- 
 date in whose interest said clerk was appointed, one or both 
 clerks, as the case may be, having the requisite qualifications, 
 and qualify them to act as such ; no votes shall be received by 
 said judge or judges until the number of judges and clerks 
 shall have been completed and qiialified as provided under the 
 provisions of this sub-division of this Article. 
 
 409. No person shall vote at any such election who is not 
 a duly qualified and registered voter in the ward where he 
 ofiers to vote, and has not also the qualifications prescribed 
 and published as hereinbefore required by the managing con- 
 vention of the political association or party under whose 
 authority the election is called. 
 
 410. It shall be the duty of the executive committee of the 
 managing convention of the political association under whose 
 authority such election is called, to furnish to the Board of 
 Police of said City, a ballot-box for each ward, containing a 
 poll book, a printed copy of this law, and of the resolutions 
 and rules adopted by said managing convention for the con- 
 duct of the election, and a copy of the registration lists of the 
 ward, duly certified by the Clerk of the Superior Court ; the 
 said clerk being required to furnish such certified copies to 
 any such executive committee upon demand, and upon the 
 payment of the usual fees; and it shall be the duty of the said 
 Board of Police to cause the said ballot-boxes to be delivered
 
 166 
 
 immediately before the opening of such election, to the judges 
 of election of each ward, at the respective polling places ; 
 before any ballot shall be received, the ballot-boxes shall be 
 inspected by the judges of election in the presence of any 
 persons who may choose to attend, and placed in a conspicuous 
 position, in full view of persons outside the polling place, and 
 shall not be moved nor unlocked until after the election is over 
 and the votes are to be counted. 
 
 411. The said judges of elections shall have power to 
 examine under oath, to be administered by them, any person 
 offering to vote at any such election, touching his qualifications 
 and right to vote ; but before such examination it shall be their 
 duty to take from him the ballot which he shall tender, and in 
 case of the rejection of the said ballot they shall not put said 
 ballot in the ballot-box, but preserve it and all other rejected 
 ballots, and return them with the names and residences of the 
 persons offering them, endorsed on the back thereof, in a sealed 
 package, to the president of the managing convention, to be 
 kept by him in the same manner as legal ballots are herein- 
 after required to be kept. • 
 
 412. Every voter shall deliver to the judge or judges of 
 election of the ward in which he offers to vote a ballot on 
 which shall be written or printed the name or names of the 
 person or persons voted for, and the position for which the 
 vote is given plainly designated ; and the ballots so delivered 
 to and received by the judges of election shall be deposited 
 in the ballot-box until the poll is closed. 
 
 413. It shall be the duty of the said clerks of election to 
 enter the name and residence of each person who casts a vote 
 at said election, plainly in the poll book, and also to perform 
 such other duties as are prescribed by this sub-division of this 
 Article to be by them performed. 
 
 414. No person shall be permitted to be in the room 
 selected as the polling place of the ward during the time any 
 such election is being held, except the judges, clerks and such 
 police officers as may be designated to attend thereat by the 
 Police Board, upon request made to said board in writing by 
 the executive committee of the City convention of the party 
 holding the election ; after the election is closed any candidate,
 
 167 
 
 or a person designated by liim, and such other persons whom, 
 in the judgment of the judges of election, it may be proper to 
 admit, to guarantee the fairness of the count, shall be entitled 
 to be present during the counting of the ballots. 
 
 415. When the poll shall be closed, the box wherein the 
 ballots are deposited shall immediately thereafter be opened 
 by the judge or judges of election, and the said judge or judges 
 shall publicly, in the j^resence of the persons designated in the 
 preceding section, carefully take out the said ballots and read 
 distinctly and aloud the name or names written or printed 
 thereon, respectively, and the clerks of said election shall care- 
 fully enter and keep an account of the same on the poll book, 
 so that the number of votes for each candidate tallied thereon 
 may be readily cast up and known. 
 
 416. If upon opening any of said ballots there be found 
 any more names written or printed thereon than there ought 
 to be, or if any two or more of such ballots be deceitfully 
 folded together, or if the purpose for which the vote is given 
 is not plainly designated thereon, such ballot shall be rejected 
 and not counted. 
 
 417. As soon as the ballots shall be read off and counted, 
 and the number for each candidate reckoned up and ascer- 
 tained, the judge or judges of election shall make out, under 
 his or their hands, attested by the clerks of election or one of 
 them, on the poll book, a plain, fair and distinct certificate of 
 the number of votes which shall have been then and there 
 given for each candidate, distinguishing the station or office 
 for which he has been voted ; such certificate to be as near as 
 possible in the form of the like certificate required from the 
 judges of election under the general election law of this State. 
 
 418. The return judges of election shall return, on the day 
 following the day on which any election shall be held under 
 this law, before twelve o'clock, noon, the ballots cast and the 
 ballots rejected at such election, in separate sealed packages, 
 and the poll books and certificates aforesaid, to the presiding 
 ofiicer of the managing convention of the political association 
 or party under whose authority the election was called, who 
 shall immediately thereupon publicly announce the result; 
 such packages shall be destroyed after the expiration of thirty
 
 168 
 
 days, by said presiding officer, without breaking the seal unless 
 they are, before that time, demanded by the executive com- 
 mittee of such managing convention, to be used as evidence in 
 cases of contest among any of the candidates at such election. 
 
 419. The executive committee of any such managing con- 
 vention shall have full power to hear and determine all ques- 
 tions of contest between any candidates voted for at such elec- 
 tion, and to prescribe the rules to govern all such contests, and 
 may demand and receive for such purpose from the presiding 
 officer of such convention, the poll books, certificates and bal- 
 lots returned to him by the judges of election ; and for such 
 purpose shall have power to summon witnesses and examine 
 them under oath, to be administered by the acting chairman 
 of such committee. 
 
 420. It shall be the duty of the return judges of said elep- 
 tion, immediately after each election at which he has acted as 
 such, to appear before the Grand Jury of the Criminal Court 
 of Baltimore, to be examined touching any and all violations 
 of the provisions of this sub-division of this Article, of which 
 he may have personal knowledge, to have been committed at 
 such election, or to furnish to said Grand Jury, before their 
 adjournment, his or their certificate, signed by him, and under 
 oath made and certified before a Justice of the Peace of said 
 City, that he did not know and had no reason to believe that 
 any such offences had been committed at such election, which 
 certificate shall be returned by the Grand Jury to the said 
 court, and preserved and recorded by the clerk thereof. 
 
 421. The return judges at any such election shall each 
 Teceive five dollars per diem, and the other judges and clerks 
 of election, two dollars and a-half per diem, for their respective 
 services, to be paid by and recoverable from the members of 
 the executive committee of the managing convention of the 
 political association under whose authority the election was 
 called. 
 
 422. If at any election held under the terms of this sub- 
 division of this Article, any person knowingly personates any 
 voter, or votes in the name of any other person, whether living, 
 dead or fictitious, or votes more than once at the same election 
 for any candidate for the same office, or votes without having a
 
 169 
 
 lawful riglit to vote, or uulawfullj prevents any qualified voter 
 from freely exercising his right to vote, or interferes in any 
 manner with any judge or clerk of such election in the discharge 
 of his duties, he shall be guilty of a misdemeanor, and 
 punished, upon conviction, by a fine t>i not more than one 
 hundred dollars, or by imprisonment for not more than thirty 
 days. 
 
 423. If any judge or clerk of election shall fraudulently 
 make any false certificate of the result of such election, or 
 withhold, conceal or destroy any such certificate of any election 
 returns, tally lists or poll book, or take unlawfully from the 
 custody of the judges of election, or destroy any ballot-box, 
 or withdraw therefrom illegally any ballot or ballots which 
 have been deposited therein, or attempt or commit any violence 
 against any person having lawful charge of the same, or against 
 any judge or clerk of election in the discharge of his duty as 
 such, he shall be guilty of a misdemeanor, and punished, upon 
 conviction, by a fine of not more than one hundred dollars, or 
 by imprisonment of not more than thirty days. 
 
 424. A substantial compliance with the requirements of 
 this sub-division of this Article is all that shall be required to 
 be proven in the prosecution of any person violating the pro- 
 vision of the preceding sections. 
 
 425. No expense shall be incurred by the City of Baltimore 
 in the conduct of any election held under the provisions of 
 this sub-division of this Article. 
 
 EXAMINING ENGINEERS. 
 
 426. The Governor shall biennially appoint, in and for 
 the City of Baltimore, two engineers who have had not less 
 than ten years' practical experience in running steam engines, 
 boilers and appliances pertaining to stationary or portable 
 engines, and who have been residents of this State for not less 
 than five years next preceding the date of their appointment, 
 who shall constitute and be known as the "Board of Examin- 
 ing Engineers." The parties so appointed, before entering on 
 their duties, shall make oath before a Justice of the Peace that 
 they will faithfully perform the duties of their oflice without 
 fear, partialit}^ or favor ; and that they will not, during their 
 term of oflice, accept any money, gift, gratuity or consideration
 
 170 
 
 from any person, and shall give bond to be approved by the 
 Comptroller of the State, in the sum of three thousand dollars 
 each, for the faithful discharge of their duties ; and before 
 entering on said discharge of their said duties, the said 
 inspectors shall provide themselves with an office in a proper 
 location in the City of Baltimore, and shall give notice by 
 publication for at least five days through the two daily 
 papers having the largest circulation in said City, of the time 
 and manner in which they will make the examinations herein- 
 after provided for. 
 
 427. The said board shall have general supervision of all 
 stationary engineers within the City of Baltimore ; it shall be 
 their duty to examine all engineers of the age of twenty-one 
 years or upw^ard, who shall apply to them for examination ; and 
 to give to all parties so examined a certificate of proficiency, if 
 found proficient, and to refuse to give such certificate if not 
 found proficient ; and the parties so receiving such certificate 
 shall pay to said board the sum of three dollars for each certifi- 
 cate so issued, and for all renewals of all grades the sum of one 
 dollar and fifty cents ; said certificates shall be of three grades ; 
 a certificate of the first grade will permit the holder thereof to 
 take charge of any plant of machinery from one to five hun- 
 dred horse-power, and the third grade to take charge of any 
 plant of machinery from one to thirty horse-power ; and the 
 said certificate shall run for the term of one year, and shall be 
 renewed annually, the term of beginning of said certificate to 
 be from the date of the examination of the respective applicant ; 
 provided, that no engineer having such certificate shall have 
 charge of more than one plant of machinery at the same time 
 unless said plant be of the same company and at one and the 
 same place ; and no substitute who has not been examined and 
 received the certificate aforesaid shall be placed in charge of 
 machinery by an engineer who has. 
 
 428. All persons of twenty-one years of age or upward who, 
 after the adoption of this Article, shall desire to fill a position 
 as a statiouar}^ engineer, must make application to the "Board 
 of Examining Engineers" for examination and certificate of 
 proficiency, before he can pursue his avocation as such engi- 
 neer ; lyrovided, that any engineer emploj'ed as stationary 
 engineer at the works of any steam railwa}', or any engineer 
 employed as such with any stationary engine, who at the time 
 of the adoption of this Article shall have been employed at the
 
 171 
 
 same place for the term of six months or more, shall not be 
 required to apply for such examination and certificate ; but 
 whenever snch engineers shall remove from the place where so 
 employed they shall be, and are hereby required to make appli- 
 cation for examination and certificate to said Board of Exam- 
 ining Engineers as hereinbefore provided ; and providediuvihev, 
 that the provisions of this section shall not apply to persons 
 running engines and boilers in sparsely settled country places, 
 where not more than twenty persons are engaged in work about 
 such engines and boilers, nor to engineers running country 
 saw and grist mills, threshing machines and other machinery 
 of a similar character, nor to marine engineers engaged in 
 steamboats, ships and other vessels run by steam, nor to those 
 engaged as locomotive engineers of any steam railway com- 
 pany. And in the event of any charge being made to said 
 board, of any engineer who may hold a certificate from them, 
 of being intoxicated, while in charge of an engine or boiler, or 
 of the neglect of duty on the part of such engineer or engineers, 
 it shall be the duty of said board to immediately hear such 
 charge, and if sustained, annul such certificate. The certificate 
 granted to the respective applicants must be framed and kept 
 in a conspicuous place at such place as such person may be 
 respectively at work. Any person violating the provisions of 
 this sub-division of this Article shall be deemed guilty of a 
 misdemeanor, and, upon trial and conviction before a Justice 
 of the Peace, shall be fined not less than twenty-five dollars 
 nor more than fifty dollars, one-half of which shall be paid 
 the informer and the balance to the State. 
 
 429. Said Board of Examining Engineers shall meet at 
 their ofiice in the City of Baltimore for the purpose of exam- 
 ining applicants at least once in every week, and at a specified 
 hour and day, and shall sit until all applicants shall be 
 examined, and in the event of inability to examine all the 
 applicants on the regular day of meeting, they shall continue 
 their sessions for each successive day until the same shall be 
 completed. They shall visit and inspect the running and 
 management of all steam plants wherein the engineers are 
 required to be examined as hereinbefore provided, not less than 
 once every six months, and in the event of their finding on such 
 examination that the engineer or engineers in charge of such 
 plant or machinery are not running and managing the same 
 with proper skill and care, they shall report the same to the 
 State Board of Boiler Inspectors for their action ; and said
 
 172 
 
 Board of Examining Engineers are hereby invested with power 
 and aiithority to enter all such premises and make the 
 examination herein provided for ; and any owner of any such 
 premises who shall refuse to allow them to enter and make 
 such examination shall be deemed guilty of a misdemeanor 
 and be punishable upon trial and conviction, as provided in the 
 preceding section. 
 
 430. The said Board of Examining Engineers shall receive 
 an annual salary of fifteen hundred dollars each, and shall have 
 power to employ a clerk or secretary at a salary not exceeding 
 the sum of one thousand dollars per annum, and such expense 
 shall be allowed said board as shall be incurred in traveling 
 expense, office rent, stationery and printing, and for which they 
 shall produce to the Comptroller of the State Treasury, proper 
 vouchers ; j^^'ovided, however, that no appropriation shall be 
 made and no moneys paid by the State Treasurer to said board 
 for or on account of said salaries and expenses, but that the 
 same shall be paid to them by and from the fees received for 
 the examination and certificates hereinbefore provided for ; and 
 provided further, that the said board shall keep a strict account 
 of all fees received for such purposes, and quarterly, under 
 oath or affirmation, return such statement to the Comptroller 
 of the State Treasury ; and whenever the amount is in excess 
 of the salaries and expenses hereinbefore provided for they 
 shall forward such excess to said Comptroller, and they shall 
 keep a certificate book with the certificates therein duly num- 
 bered and of which to each certificate there is a corresponding 
 stub to be filled in to correspond in all respects to the certificate 
 issued, and subject to the inspection of the Comptroller, when 
 he may deem the same necessary. 
 
 FEREIES. 
 
 431. The Broadway and Locust Point Steam Ferry Com- 
 pany of Maryland is created to establish a steam ferry, suit- 
 able to transport passengers, goods, wagons, carriages, live-stock 
 or any other transportable article, across, over and within the 
 harbor of Baltimore ; and the said corporation is made capable 
 of erecting wharves, buildings, or any other contrivances 
 necessary or convenient for the conduct of the business of the 
 ferry, for which purpose the said corporation is authorized to 
 purchase, hold, sell, rent or lease land. And the said Company 
 is authorized and empowered to hold and use as a wharf or
 
 173 
 
 landing, for the use of said ferry, the end of the ^\llarf 
 commonly known as the County wharf, together with a right 
 of way in common with others, through the centre of said 
 wharf, of the width of ten feet, as a thoroughfare for travel to 
 and from the end of said wharf ; and all the remainder of the 
 border sides and surface of the said wharf, except the end and 
 right of way granted, is reserved exclusively for the landing of 
 such fruits, vegetables and other agricultural products as may 
 be brought from the counties to the City of Baltimore, for sale 
 or otherwise. 
 
 432. The said corporation is authorized and empowered to 
 occupy and use the wharf at the foot of Haubert street, in the 
 City of Baltimore, as a wharf or landing place for the ferry 
 boats of said comj^any, in exclusion of all other steam ferry 
 boats plying in the harbor of said City. 
 
 433. It shall not be lawful for any steam ferry boat, other 
 than one of those belonging to the said Broadway and Locust 
 Point Steam Ferry Company of Maryland, to land at or use 
 either of the sides or the end of said wharf at the foot of 
 Haubert street, nor the end or either of the sides of the wharf 
 at the foot of Broadway, mentioned in section 431 of this 
 Article; and any and every person in charge, control or 
 command of any steam ferry company, other than a boat 
 belonging to the said company, who shall use or attempt to 
 use the ends or either of the sides or any part of the wharves 
 mentioned, for a landing place or wharf for the steam ferry 
 boat so in his charge, control or command, shall each be 
 subject to, and shall pay a fine of twenty-five dollars for each 
 and every time the said steam ferry boat so in his charge, 
 control or command of such person shall touch at either of the 
 wharves aforesaid, which fines shall be enforceable and collec- 
 tible according to law. 
 
 434. The said company is authorized to erect gates and 
 ticket houses on the wharves at the foot of Broadway and 
 Haubert street in said City of Baltimore. 
 
 435. The said corporation shall keep and run on their ferry 
 routes two good and substantial steam ferry boats, staunch 
 and seaworthy, and supplied according to the law in such cases 
 made and provided ; and the said corporation shall so manage
 
 174 
 
 the said ferry as that one of their ferry boats shall leave each 
 end of said ferry at least every ten minutes, between the hours 
 of six o'clock A. M. and eight o'clock P. M., and at intervals 
 of twenty -five minutes between the hours of eight o'clock P. M. 
 and twelve o'clock midnight. 
 
 436. The said corporation shall not charge any greater 
 sums than are contained in the following scale of prices, to 
 wit : For one jDassenger, five cents ; for one horse, mule or 
 ass, and rider or driver, ten cents ; for one cow and driver, ten 
 cents ; for every swine, three cents ; for every sheep, two cents ; 
 for every calf, two cents ; for every heifer, three cents ; for one 
 horse, cart and driver, fifteen cents ; for two horses, cart and 
 driver, eighteen cents ; for one horse, wagon and driver, fifteen 
 cents ; for two horses, wagon and driver, eighteen cents ; for 
 every additional horse to those above enumerated, harnessed 
 to a wagon or cart, three cents ; for every two-seated carriage 
 and two horses, fifteen cents ; for every four-seated carriage and 
 one horse, twelve cents ; for every four-seated carriage and two 
 horses, twenty cents ; for every additional horse to those above 
 •enumerated, harnessed to a carriage, five cents ; for one lumber 
 wagon and one horse or two horses, twenty-five cents. 
 
 437. Firemen in actual discharge of their duties, together 
 with their apparatus, accoutrements and horses, police officers 
 in the actual discharge of their duties, and all funerals, shall 
 pass free. 
 
 FIKES AJSTD FORFEITURES. 
 
 438. One-half of all fines adjudged by and accruing in the 
 Criminal Court of Baltimore, when secured by the Sheriff of 
 Baltimore City, shall be paid to the Mayor and City Council 
 of Baltimore, and out of said fines the judge of said court may 
 order and direct to be paid to the State's Attorney of said City 
 such additional fees in cases of extraordinary duration and 
 trouble, as he may deem just and reasonable, but this section 
 shall not have any effect upon the rights of informers. 
 
 439. The sheriff of Baltimore City shall, on or before the 
 first day of December in each year, divide equally all fines 
 imposed by the Criminal Court of Baltimore City on persons 
 convicted for keeping houses of ill-fame, among such incor- 
 porated dispensaries of said City as shall comply with the 
 provisions of the succeeding section.
 
 175 
 
 440. Such fines shall be divided equally among tliose 
 incorporated dispensaries which shall, within ten days after 
 the tenth day of November in each year, file in the ofiice of 
 the Sherift' of Baltimore City separate reports, the truth of 
 each of which shall be sworn to by one of the officers of the 
 dispensary filing the same, before any officer of the State of 
 Maryland authorized l)y law to administer oaths, showing that 
 in the year preceding such tenth day of November, the said 
 dispensary had under its charge more than two thousand 
 separate persons as patients, and that its said dispensary was 
 open for the treatment of disease two hours daily, and for the 
 free distribution of medicine to the poor six hours daily on 
 each week day and two continuous hours on each Sunday in 
 said year. 
 
 441. In case said fines shall not be claimed by any such 
 dispensary in the manner specified in the tw^o preceding sec- 
 tions, then said fines shall be paid by the Sherift' to the Mayor 
 and City Council of Baltimore. 
 
 442. The said Sheriff's official bond shall be responsible 
 for the faithful payment of said money as hereinbefore pro- 
 vided, and shall be liable for any default in any duty herein 
 required to be performed by him. 
 
 443. No person shall hereafter be allowed to give security 
 for the payment of any fine and costs imposed by the Criminal 
 Court of Baltimore, but any person who shall be sentenced by 
 the court to the payment of any fine and costs shall stand com- 
 mitted until they are paid ; 2)rovided, that if such fine and costs 
 are less than ten dollars, the person so sentenced shall be dis- 
 charged from custody at the end of thirty days from the date 
 of their imposition, if no imprisonment has also been ordered 
 by the court, or at the end of thirty days from the expiration of 
 the time for which said person shall have been ordered to be 
 imprisoned, upon sufficient proof shown to the court that the 
 person imprisoned is unable to pay the said fine and costs ; 
 and provided also, that if the said fine and costs are more 
 than ten and less than fifty dollars, the person so imprisoned 
 shall be discharged from custody at the end of sixty days 
 from the imposition thereof, if no imprisonment be ordered 
 by the court, or at the end of sixty days from and after the 
 •expiration of the time for w^hich said person has been ordered
 
 176 
 
 to be imprisoned, on proof shown of his inability to pay said 
 fine and costs ; and provided also, that if the said fine and 
 costs exceed the sum of fifty dollars, the person so imprisoned 
 shall be discharged from custody at the end of six months 
 from the imposition thereof, or from the expiration of the 
 term for which he was ordered to be imprisoned, on proof 
 shown of his inability to pay. 
 
 444. When any fine or penalty is imposed by any Act of 
 Assembly of this State, or by any ordinance of any incorpo- 
 rated city or town in this State, enacted in pursuance of suffi- 
 cient authority, for the doing of any act forbidden to be done 
 by such Act of Assembly or ordinance, or for omitting to do 
 any act required to be done by such Act of Assembly or ordi- 
 nance, the doing of such act, or the omission to do such act, 
 shall be deemed to be a criminal ofi'ence; such offence, in the 
 City of Baltimore, shall be prosecuted by the arrest of the 
 ofiender for such ofi'ence, and by holding him to appear in or 
 committing him for trial in the Criminal Court of Baltimore, 
 at the Saturday sessions of said court, which said court shall 
 haye jurisdiction in the said cases, and shall proceed to try or 
 dispose of the same in the same manner as other criminal 
 cases triable at the Saturday sessions of said court may be 
 tried or proceeded with, or disposed of, or such ofi'ence may 
 be prosecuted by indictment in such court; such offences in 
 any county of this State shall be prosecuted by the arrest of 
 the offender for such oflence, and by holding him to bail to 
 appear in or committing him for trial in the Circuit Court for 
 the county in which such ofi'ence was committed, or by indict- 
 ment in the Circuit Court for such county for such offence. 
 If any person shall be adjudged guilty of any such offence 
 by any court having jurisdiction in the premises, he shall be 
 sentenced to the fine or penalty prescribed by such Act of 
 Assembly or ordinance, and to the costs of his prosecution, 
 and in default of payment thereof he shall be committed to 
 jail until thence discharged by due course of law ; any indict- 
 ment for the violation of any ordinance of any incorporated 
 City or town of this State may conclude "against the form of 
 the ordinance in such case made and pro's-ided, and against 
 the peace, government and dignity of the State." 
 
 FIEE. 
 
 Fire Department. 
 
 445. The Mayor and City Council of Baltimore is hereby 
 directed to appropriate annually such sums of money as shall
 
 177 
 
 be sufficient to pay tlie pensions of such members of the Fire 
 DejDartment as shall heretofore have been put upon said pen- 
 sion roll, and as shall thereafter be put upon said pension roll, 
 in accordance with the provisions of this Article ; and also to 
 appropriate such sums of money as may be siifficient to allbrd 
 relief to the widows and children of firemen killed in the dis- 
 charge of duty. 
 
 446. Any person who shall wilfully destroy or injure any 
 engine, hose, reel or other apparatus whatever for the extin- 
 guishment of fires, belonging to any company in the City of 
 Baltimore, or to the said City, shall be guilty of felony, and 
 upon conviction thereof shall be sentenced to confinement in 
 the penitentiary for a jDeriod not less than two nor more than 
 five years, 
 
 447. Any person who shall assault, beat or otherwise inten- 
 tionally hurt or injure any fireman of the City of Baltimore, 
 whilst in the discharge of his duties as fireman (except in 
 self-defence), shall, upon conviction thereof, be sentenced to 
 imprisonment in Baltimore City Jail for a period not less than 
 one month, and the payment of a fuie of not less than ten nor 
 more than one hundred dollars. 
 
 448. The Mayor and City Council of Baltimore is hereby 
 authorized and empowered to appropriate annually the sum of 
 one thousand dollars, to pay for the use of a suitable building 
 to be occuj^ied by the members of the veteran volunteer fire- 
 men's association of Baltimore City. 
 
 Illuminating Oils and Fluids. 
 
 449. All oils or fluids manufactured from petroleum or its 
 products, used for illuminating purposes in this State, which 
 shall be manufactured or kept for sale therein, shall be required 
 to stand a fire test of one hundred and ten degrees Fahrenheit 
 before it shall burn, to be ascertained by Tagliabue's coal oil 
 tester, or some other instrument constructed upon the same 
 principle. 
 
 450. Every person manufacturing or selling illuminating 
 oils or fluids, manufactured from petroleum or its products, by 
 the barrel, shall be required to have stamped upon the head of 
 
 12
 
 178 
 
 the barrel the name of the manufacturer thereof and his place 
 of business, together with the words " warranted to stand a fire 
 test of one hundred and ten degrees Fahrenheit before it shall 
 burn." 
 
 451. Whoever manufactures for illuminating purposes, or 
 sells in quantities not less than a barrel, oils or fluids made 
 from petroleum or its products, which does not sustain the fire 
 test as provided in section 449, shall be deemed guilty of a 
 misdemeanor, and on conviction thereof, shall be fined not more 
 than one thousand dollars, or imprisoned in the jail or peni- 
 tentiary not more than two years, in the discretion of the court. 
 Whoever sells in quantities less than a barrel, for illuminating 
 purposes, oils or fluids made from petroleum or its products, 
 which does not sustain the fire test provided for in section 449, 
 shall forfeit said oil, and be fined not less than five nor more 
 than twenty dollars ; said fine to be collected as other fines are 
 now collected, one-half to go to the informer, the other to be 
 paid into ihe treasury of the State. 
 
 452. Any purchaser of oils or fluids made of petroleum or 
 its products, for illuminating purposes, bearing the stamp 
 required in section 450, and which does not stand the fire test 
 required in section 449, may recover from the seller in an 
 action for debt an amount equal to double the purchase money 
 of said oil, 
 
 453. Any accident by reason of explosion, occurring with 
 any oil or fluid manufactured from petroleum or its products, 
 shall subject the seller thereof to prosecution for a misde- 
 meanor, and upon conviction thereof in a court of competent 
 jurisdiction, to a fine not exceeding one thousand dollars, nor 
 less than five hundred dollars ; one-half of said fine to be paid 
 to the informer and the other half to the State. 
 
 454. In case of seizure or confiscation of oils or fluids 
 manufactured from petroleum or its products, as provided in 
 section 451, the party who has sold such oils or fluids shall 
 have the privilege of referring the same to some commissioned 
 inspector recognized by the oil trade of Baltimore, whose 
 decisions shall be prima facie evidence of the quality of said 
 oil or fluid.
 
 179 
 
 455. If anj inspector of oils shall be convicted in a court 
 of competent jurisdiction of furnishing a false report of the 
 fire-test of any oil submitted to his inspection, he shall be 
 liable to a fine of not less than five hundred dollars nor more 
 than two thousand dollars, at the discretion of the court ; said 
 fine to be paid into the treasury of the State. 
 
 456. The provisions of the seven preceding sections shall 
 not apply to oils or fluids manufactured from petroleum or its 
 products for the purpose of exjaortation or for use in street 
 lamps. 
 
 FISH. 
 
 457. No person shall expose for sale, or have in his posses- 
 sion, offering for sale, any striped bass or rock weighing less 
 than one-half pound each, or any white perch weighing less 
 than one -quarter of a pound each ; any person violating any 
 of the provisions of this section shall be deemed guilty of a 
 misdemeanor, and upon conviction by a court of competent 
 jurisdiction shall be fined not more than twenty dollars or 
 be confined in jail not more than thirty days, or both, in the 
 judgment of the court. 
 
 GAS COMPANIES. 
 
 458. No gas companies shall be formed in Baltimore City, 
 Baltimore County or in Anne Arundel County, except in the 
 City of Annapolis. 
 
 459. No gas companies chartered in any other counties of 
 the State shall have the right to lay mains or sell gas in Balti- 
 more City, Baltimore County or Anne Arundel County. 
 
 460. All charters for gas companies which have been 
 granted or issued under the Code of Public General Laws, or 
 any other law, in Baltimore City, Baltimore County, or Anne 
 Arundel County, are repealed, annulled and made void, except 
 in cases where the companies incorporated by any of such 
 charters have erected works and commenced the manufacture 
 of gas. 
 
 461. No corporation or person shall charge for illuminating 
 gas in Baltimore City a sum to exceed one dollar and twenty- 
 five cents per thousand cubic feet.
 
 180 
 
 462. The illuminating gas furnished by any such corpora- 
 tion or person shall have an illuminating power not less than 
 twenty sperm candles of six to the pound, and burning at the 
 rate of one hundred and twenty grains of spermaceti per hour, 
 tested at a distance of not less than one mile from the place of 
 manufacture by a burner consuming five cubic feet of gas per 
 hour, and shall, as regards purity, comply with the standard 
 now or hereafter established by law. 
 
 HARBOR, DOCKS AKD WHARA^ES. 
 
 Harhor. 
 
 463. No wharf shall be run out, made, altered, enlarged or 
 extended so as to divert the course of the channel, obstruct' the 
 harbor or basin, or to the injury of the same ; and no person 
 shall make, alter or extend any wharf without laying before 
 the Harbor Board a plan of said wharf, and obtaining the 
 consent of the said Harbor Board, 
 
 464. If any person shall violate the provisions of the pre- 
 ceding section, the Mayor and City Council of Baltimore may 
 recover, by a warrant before a Justice of the Peace, a sum not 
 exceeding two hundred and fifty dollars, and may forthwith 
 cause the said wharf to be demolished. 
 
 465. The Harbor Master of the port of Baltimore may 
 demand from the captain or commander of every foreign 
 vessel coming into said port for the purpose of trade and com- 
 merce, the sum of five dollars, as an additional compensation 
 for his care and diligence in the regulation of the harbor and 
 providing a proper station for said vessel. 
 
 466. He may, in case of delay or refusal to make such 
 payment, sue for and recover the same before a Justice of the 
 Peace as small debts are recovered. 
 
 Docks. 
 
 467. The Mayor and City Council are vested with the right 
 and title to any land made or to be made bv them out of the 
 water m making and completing the improvements of the City 
 dock, according to the plan heretofore adopted by them; 
 'provided, that nothing contained in this section shall be con- 
 strued to interfere with the vested rights of individuals.
 
 181 
 
 468. If any vessel shall be lying in Smith's dock, Frederick 
 street dock or any other dock in said City, or the entrance 
 thereto, so as to obstruct any vessel which shall be coming into 
 the same, or moving from one place to another therein, or going 
 out of the same, the vessel so obstructing shall be removed 
 to such place as shall be directed by the Harbor Master of the 
 district, or any police officer of Baltimore City, to give room to 
 the passing vessel, under the penalty of five dollars for refusal 
 so to remove, and at the rate of five dollars an hour for the 
 delay which shall be occasioned to the passing vessel, unless 
 in cases where some unavoidable casualty may make it imprac- 
 ticable to remove said obstructing vessel ; and if a vessel, 
 when moving to make room for another, be obstructed by 
 any vessel, the master or owner of such obstructing vessel shall 
 forfeit five dollars for such obstruction, and at the rate of five 
 dollars per hour during the continuance of such obstruction, to 
 be recovered by the master or owner of the passing vessel 
 aforesaid ; provided^ the said Harbor Master or j^olice officer 
 shall have directed said removal ; but nothing herein contained 
 shall give to the Harbor Master or police officer any control, 
 except in cases of dispute, when called in. 
 
 469. No vessel shall enter Smith's dock or any other 
 private dock without first ascertaining whether there is a vacant 
 place at the wharf where she can lie, under a penalty of five 
 dollars, to be paid to the Harbor Master for the use of 
 the City ; and all vessels which shall be found obstructing 
 the passage of said docks shall remove, when requested by the 
 Harbor Master of the district or any police officer of Baltimore 
 City, in such manner as will afford a free and unobstructed 
 passage to any passing vessel, under a j^enalty of five dollars 
 for refusal to remove, and five dollars per hour for each hour 
 they shall obstruct such passage, after due notice shall have 
 been given to master, owner or person in charge of such 
 obstructing vessel, by such Harbor Master or police officer. 
 
 470. If any vessel be lying at any private Avharf and not 
 engaged in loading or unloading, such vessel shall be removed 
 when requested b}' the owner of such wharf or his agent ; and 
 if the person in charge of such vessel refuses or fails to remove 
 such vessel, said owner or his agent may call upon the Harbor 
 Master or police officer to notify the person in charge of the 
 vessel to remove, and if the notice is not complied with within
 
 182 
 
 five hours such person shall be liable to a penalty of fifty dollars^ 
 and a further penalty of five dollars for each hour such vessel 
 shall remain after the expiration of the five hours ; and the 
 Harbor Master shall collect for the use of the Mayor and City 
 CouncO of Baltimore the sum of five dollars, to be paid by the 
 owner or person in charge of such vessel, to be recovered as 
 other small debts are recovered ; the term vessel in this and 
 the two preceding sections shall include boats, scows and arks. 
 
 471. The penalties imposed by the three preceding sections 
 may be recovered as small debts before any Justice of the 
 Peace for the City of Baltimore, from the master, owner or 
 person in charge of the obstructing vessel, for the use of the 
 master, owner or j)erson in charge of the vessel obstructed ; 
 but such penalty shall not be recoverable where the obstruc- 
 tion proceeds from any unavoidable cause. 
 
 Wharjinger and Wharves. 
 
 472. No person shall land any wood or lumber on Pratt 
 street wharf, between Light street and Franklin lane ; and the 
 Mayor shall enforce the provisions of this section. 
 
 473. If any person shall violate the provisions of the pre- 
 ceding section he shall be subject to a fine of twenty dollars, 
 one-half to the informer and the other half to the State. 
 
 474. The said fine may be sued for and recovered in the 
 name of the State before any Justice of the Peace for said 
 City, in the same manner as small debts. 
 
 475. It shall be the duty of every Justice of the Peace for 
 said City to make an annual return to the State Treasurer, of 
 all fines imj)osed under the provisions of the aforegoing sec- 
 tion, and to receive and pay over the same at the time of 
 making said return. 
 
 476. The Mayor and City Council may regulate by ordi- 
 nance the time during which any goods, wares, merchandise 
 or other articles may remain on any wharf belonging to the 
 City, or on any of the public wharves other than wharves 
 belonging to or rented by the State, and that part of Pratt 
 street wharf reserved for the use of the State, within the said
 
 183 
 
 City, or the time which the vessels, boats or scows taking in 
 or discharging such goods, wares or merchandise shall remain 
 at said wharves, and may regulate, establish and collect for 
 the use of the City such wharfage as they may think reasona- 
 ble, upon any goods, wares, merchandise or other articles 
 handled at or upon and shipped from any of such wharves. 
 
 ■ 477. Any person who shall charge, exact or receive more 
 than six and a quarter cents upon each cord of wood landed 
 upon any wharf in the said City shall, upon complaint and 
 conviction thereof before any Justice of the Peace for said 
 City, be fined not less than five nor more than ten dollars iu 
 each case ; one-half to the informer and the other half to the 
 State ; to be recovered as fines imposed by the courts of this 
 State. 
 
 478. Any person carrying wood to Baltimore for sale may 
 land the same upon the State wharves whenever permitted to 
 do so by any Tobacco Inspector in the warehouse to which 
 the wharf is attached ; but such permission shall not interfere 
 with that portion of the public wharves set apart for the use 
 of boats laden with tobacco. 
 
 479. The person landing wood upon the public wharves 
 under the preceding section shall pay the Tobacco Inspector 
 the sum of six and a quarter cents a cord, to be by the said 
 inspector paid into the State treasury, and the inspector shall 
 be allowed twenty per cent, upon the money so received and 
 paid into the State treasury. 
 
 HARBOR BOARD. 
 
 480. The Harbor Board shall have full control and man- 
 agement of the iceboat Annapolis, belonging jointly to the State 
 of Maryland and the City of Baltimore, subject to the orders 
 of the Governor of the State, for the use of said boat for the 
 public service. 
 
 481. The said Board is hereby authorized to appoint,, in 
 conformity with the provisions of section 88 of this Article, at 
 such reasonable rates of pay as it may determine, and at its 
 pleasure to discharge, such oflicers and crew as may in its 
 judgment be deemed necessary for the proper operation and 
 maintenance of said boat at all times.
 
 184 
 
 482. The said Board shall employ the said boat, primarily, 
 for the purpose of preventing obstruction by ice to the naviga- 
 tion of Baltimore harbor, and the ship channels leading thereto, 
 and for the relief of vessels in distress, bound to or from the 
 port of Baltimore. 
 
 483. The Board is further authorized to use the said boat 
 (or at its discretion the ice boat Latrobe) in the relief from 
 obstruction by ice of any of the harbors or channels of the 
 Chesapeake bay or its tributaries, when such service can be 
 rendered vi^ithout detriment to the commerce of the port of 
 Baltimore, and for any other service which the said Board may 
 deem advantageous to commerce and the public interest ; the 
 Board may charge such reasonable rates for towage, or relief 
 of vessels, as it may deem proper, having in view the public 
 and private interests and facilities of commerce, and the sum 
 received for same shall be applied to the expense of the boat. 
 
 484. The annual expenses of maintaining and operating 
 said iceboat shall be paid by the Mayor and City Council of 
 Baltimore. 
 
 485. The said Board shall in its annual report to the Mayor 
 and City Council of Baltimore embody statements of the 
 operations of, and the receipts and disbursements for the said 
 iceboat, and shall send copies of the same to the .Governor and 
 Comptroller of the Treasury of the State. 
 
 HEALTH. 
 
 Nuisances. 
 
 486. Whenever any nuisance dangerous to the health of the 
 City shall exist in any street, lane or alley of the Cit}^ and it 
 shall be found necessary, in order to the removal of the same, 
 to have such street, lane or alley paved, the said City may 
 order the same to be paved, and may recover the amount 
 exjjended in paving the same, and the expenses of collection 
 from the owner of the property fronting thereon, in proportion 
 to the amount expended in front of said property, by suit 
 against the owner. 
 
 487. The said owner may in such action defend himself 
 against any such claim for expenses of paving and the coUec-
 
 185 
 
 tion thereof by proof that no such nuisances existed, or that 
 the paving of the said street, lane or alley was not necessary 
 to the removal or abatement thereof, or that such nuisance 
 was caused by an act or ordinance of said City, or its officers 
 in the execution of their duty. 
 
 488. The expenses of such paving, and the expenses inci- 
 dent to the collection thereof, shall be a lien upon the property 
 chargeable therewith ; and when the right of the City to recover 
 the same has Ijeen determined, the City may levy such expenses 
 upon said property. 
 
 489. If any of the said property shall be owned by persons 
 not resident within the limits of said City, then, after public 
 notice given at least three times a week for three successive 
 weeks in two newspapers of the City, by advertisement, describ- 
 ing the property chargeable, the amount of expense with which 
 it is chargeable, and if known, the name of the owner thereof, 
 the City may proceed to levy said expenses upon the interest 
 of such non-resident in said property, without any previous 
 suit to determine their right to the same. 
 
 490. Such non-resident may, at any time within three 
 months after said expenses have been levied and collected, 
 institute an action against the City for the recovery of the 
 same ; and if it shall appear in such action that public notice 
 was not given as hereinbefore directed, or that no such nuisance 
 existed, or that the paving of said street, lane or alley was not 
 necessary to the removal or abatement thereof, or that the 
 same was caused by an act or ordinance of the City, or by its 
 officers in the execution of their duty, such non-resident shall 
 recover the expenses of paving and collection so levied upon 
 his property. 
 
 491. Whenever any nuisance dangerous to the health of the 
 City shall be found upon any vacant lot within the City, the 
 City may remove or abate the same, and shall have the same 
 remedy against the owner of such lot, for the expenses of so 
 doing, as is given in the five preceding sections against the 
 owners of lots fronting on streets jDaved, to remove a nuisance ; 
 and the owner of such vacant lot shall have the same rights 
 and remedies therein given to the owners of lots fronting on 
 streets so paved.
 
 186 
 
 492. Whenever the Commissioner of Health shall certify 
 in writing to the Mayor that it is necessary for the health of 
 the City to alter the grade of any street, lane or alley on low 
 or made ground, the Mayor shall proceed to act in the manner 
 specified in this Article relating to streets. 
 
 Chemical Laboratories. 
 
 493. No person shall erect or assist in erecting any chemical 
 laboratory within the limits of said City without the consent of 
 the City, and the City may provide by ordinance for preventing 
 the erection of any such laboratory, and for removing or pre- 
 venting the use of any that shall be erected^ 
 
 Commissioners of Pharmacy and Practical Chemistry. 
 
 494. The term or name pharmacist in the meaning and 
 scope of this sub-division of this Article does mean, embrace 
 and apply to all persons engaged in vending, at retail, drugs, 
 medicines and chemicals for medicinal use, and in compound- 
 ing and dispensing physicians' prescriptions, either as owners 
 of stores, as managing assistants, or as relief clerks in tempo- 
 rary charge of stores. 
 
 495. Any person who, after the passage of this Article, does 
 or shall vend at retail poisonous drugs for medicinal use, or 
 compound or dispense physicians' prescriptions in the City of 
 Baltimore, without complying with the requirements of this 
 sub-division of this Article, shall be deemed guilty of a misde- 
 meanor, and be subject to a penalty or fine of fifty dollars 
 for each and every week ho shall continue to vend, at retail, 
 poisonous drugs for medicinal use, or compound or dispense 
 physicians' prescriptions in violation of this sub-division of 
 this Article ; said penalty or fine to be sued for in the name of 
 the State of Maryland before a Justice of the Peace, as small 
 debts are now recoverable ; said penalty or fine to go to the 
 Maryland Board of Pharmacy, appointed under this sub- 
 division of this Article, to be used as a fund for carrying out 
 the provisions of this sub-di\asion of this Article ; and it shall 
 be the duty of the State's Attorney of the City of Baltimore, at 
 the request of said Board of Pharmacy, to prosecute any person 
 who shall have violated any requirement of this sub-division of 
 this Article ; provided, that nothing in this sub-division of this 
 Article shall be so construed as to prevent any practicing 
 physician from supplying medicines in connection with pro-
 
 187 
 
 fessional practice, nor to restrict the sale at retail of patent 
 and proprietary medicines anjd compounds prepared and com- 
 pounded for medicinal use, by wholesale dealers in drugs and 
 medicines, when sold in the original package, box or bottle ; 
 and no penalty shall hereafter be enforced against any person 
 for the sale of patent or proprietary medicines or compounds 
 prepared by wholesale dealers in drugs and medicines when 
 sold as aforesaid ; and no penalty shall hereafter be enforced 
 against any person for the sale of proprietary or patent medi- 
 cines or drugs other than poisonous. 
 
 496. The Maryland College of Pharmacy shall nominate 
 biennially, of the most skilled and competent pharmacists of 
 the City of Baltimore, ten persons, from amongst whom the 
 Governor shall appoint three commissioners, whose duty it 
 shall be to faithfully and impartially execute or cause to be 
 executed all the provisions and requirements of this sub-division 
 of this Article. They shall upon application, and in such 
 manner and at such place as they may determine, examine each 
 and every person who shall desire to engage in vending, at 
 retail, drugs, medicines or chemicals for medicinal use, or in 
 compounding and dispensing physicians' prescriptions in the 
 City of Baltimore, touching his competency and qualifications ; 
 and upon being satisfied that the person so examined is com- 
 petent and qualified to vend, at retail, drugs, medicines and 
 chemicals for medicinal use, and compound and dispense phy- 
 sicians' 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 register him as a pharmacist. 
 
 497. The commissioners appointed under this sub-division 
 of this Article shall be styled and known as the commissioners 
 of Pharmacy and Practical Chemistry, and shall hold oflice for 
 two years, and thereafter until their successors have been 
 appointed and have qualified. Said commissioners shall, 
 within thirty days after notification of their appointment, each 
 subscribe to an oath before the Clerk of the Superior Court of 
 Baltimore City, to impartially and faithfully discharge the 
 duties prescribed by this sub-division of this Article. 
 
 498. The position of any commissioner appointed under 
 this sub-division of this Ai-ticle, who shall fail to so qualify
 
 ]88 
 
 within the time and in the manner named, shall be vacant. 
 The Governor shall fill all vacancies occurring from amongst 
 the persons nominated bj the Maryland College of Pharmacy 
 under section 496 of this Article. 
 
 499. Each and every person before commencing to vend at 
 retail, drugs, medicines or chemicals for medicinal use, or to 
 compound or dispense physicians' prescriptions in the City of 
 Baltimore, as managing owner of a store, or as managing 
 assistant of a store, or as relief clerk temporarily in charge of 
 a store, shall register as a pharmacist under the provisions of 
 this sub-division of this Article. 
 
 500. Every person who shall at the time that this Article 
 goes into effect be engaged in vending, at retail, drugs, medi- 
 cines, and chemicals for medicinal use and compounding, and 
 dispensing physicians' prescriptions in the City of Baltimore, 
 and registered as a pharmacist under an Act, entitled "An Act 
 to prevent incompetent persons from conducting business as 
 pharmacist, or vending, at retail, drugs, medicines or chemicals 
 for medicinal use in the City of Baltimore," approved April 1st, 
 1875, and amended by the repeal and re-enactment of sections 
 2 and 9, Chapter 91, passed at January session, 1876, shall be 
 deemed competent to register as a xiharmacist within the mean- 
 ing of this sub-division of this Article. Every person hold- 
 ing a diploma from a regularly chartered and recognized 
 college or school of pharmacy, based upon a full apprentice- 
 ship 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. 
 
 501. Said Commissioners of Pharmacy and Practical 
 Chemistry shall demand and receive from each applicant for 
 registration whom they examine five dollars for each examina- 
 tion, and shall likewise be entitled to demand and receive one 
 dollar from every person whom they register or re-register, 
 ■which money, so received under the provisions of this section, 
 shall be used and applied by said Board to defray the expenses 
 accruing or arising under this sub-division of this Article. And 
 ever}- pharmacist, managing or assistant and relief clerk, in the 
 City of Baltimore, shall re-register annually after his first 
 registration, during the time he shall continue in the practice of
 
 189 
 
 his profession, on sucli date as the Board of Pliarmacj may 
 determine, and shall pay to the said Board the fee of one dallar, 
 as provided in this section, for which he shall receive a reneAval 
 of said registration. 
 
 502. In case of the death of a registered pharmacist, doing 
 business as such in the City of Baltimore, his legal representa- 
 tive may continue said business for the benefit of the estate of 
 said deceased, under the control and management of a registered 
 pharmacist, subject to all the requirements of this sub-division 
 of this Article. 
 
 503. No person unless he be registered as a pharmacist 
 under this sub-division of this Article, or unless he be an 
 apprentice who has had at least two years' experience under a 
 pharmacist, or who has attended at least one full course of 
 lectures on pharmacy, chemistry and materia medica, shall be 
 permitted to compound and dispense prescriptions, except 
 under the supervision of a registered pharmacist ; any regis- 
 tered pharmacist violating this section or permitting its viola- 
 tion in any store under his charge or management, shall be 
 subject to a penalty or fine of not more than fifty dollars, which 
 fi.nes are to be disposed of as provided in section 501. 
 
 504. Any person who shall mix with any substance or 
 preparation used or intended to be used as an officinal medi- 
 cine any foreign or inert substance for the purpose of adulter- 
 ating or weakening the same, or shall knowingly sell or know- 
 ingly offer for sale any officinal medicines so adulterated or 
 deficient in standard strength, shall be deemed guilty of a 
 misdemeanor and subject to a penalty or fine of fifty dollars, 
 as provided in the preceding section. 
 
 Seats for Female Employees in Stores or Factories. 
 
 505. Every employer of females in any mercantile or manu- 
 facturing establishment in the City of Baltimore must provide 
 and maintain suital^le seats for the use of such employees. A 
 person is deemed not to maintain suitable seats for the use of 
 female employees unless he permits the use thereof by such 
 employees to such extent as may be reasonable for the preser- 
 vation of health and proper rest; and the question of what 
 is thus reasonable is one for determination by the jury or the 
 court acting as a jury in any prosecution hereunder.
 
 190 
 
 506. Any violation of the preceding section by any employer 
 shall be deemed a misdemeanor, and shall be punishable by a 
 fine of one hundred and fifty dollars, to be collected as other 
 fines are collected. 
 
 Tenement and Lodging Houses. 
 
 507. The Mayor and City Council of Baltimore are author- 
 ized and directed to enact ordinances regulating the construc- 
 tion, care, use and management of tenement houses, lodging 
 houses and cellars in the City of Baltimore, for the better 
 protection of the lives and health of the inmates dwelling 
 therein. 
 
 508. A tenement house shall be taken to mean and include 
 every house, building or portion thereof which is rented, leased, 
 let or hired out to be occupied, or is occupied, as the house or 
 residence of more than three families living independently of 
 another, and doing their own cooking upon the premises, or by 
 more than two families upon a floor so living or cooking, but 
 having a common right in the halls, stairways, yards, water- 
 closets or pri\des, or some of them ; a lodging house shall be 
 taken to mean and include any house or building, or portion 
 thereof, in which persons are harbored or received, or lodged 
 for hire for a single night, or for less than a week at one time, 
 or any part of which is let for any person to sleep in for any 
 time less than a week ; a cellar shall be taken to mean and 
 include every basement or lower story of any building or house 
 of which one-half or more of the height from the floor to the 
 ceiling is below the level of the street adjoining. 
 
 State Board of Com,mlssio7iers of Practical Plumbing. 
 
 509. It shall not be lawful for any person, firm or corpora- 
 tion engaged in the plumbing business in the City of Balti- 
 more to employ as workmen in said business any persons, 
 except those qualified to work at the plumbing business, as 
 provided in section 511 of this Article ; and no person shall be 
 qualified to work at the plumbing business unless he has made 
 application to and received from the State Board of Commis- 
 sioners of Practical Plumbing the certificate of competence 
 provided for in section 511 of this Article, and is otherwise 
 qualified, as required by this sub-division of this Article. Any 
 person or firm engaged in the plumbing business in the City 
 of Baltimore, and the superintendent, manager, agent or other
 
 191 
 
 officer of any corporation, engaged in the plumbing business 
 in the City of Baltimore, wlio shall employ any person to work 
 at the plumbing business not tpialified as required by this sul)- 
 division of this Article shall be guilty of a misdemeanor, and 
 upon conviction thereof shall be fined not less than ten dollars 
 nor more than fifty dollars for every day or part of every day 
 that such emjjloyer shall employ such workman. 
 
 510. If any person shall work at the plumbing business 
 in the City of Baltimore without being (qualified a-s required 
 by this sub-division of this Article he shall be deemed guilty 
 of a misdemeanor, and upon conviction thereof shall be fined 
 not less than five dollars nor more than fifty for every day or 
 part of every day that such workman shall work at the plumb- 
 ing business. 
 
 511. The Governor shall appoint biennially five persons, 
 who shall constitute a board of commissioners, which shall be 
 known and designated as "The State Board of Commissioners 
 of Practical Plumbing," and who shall be selected as follows : 
 Three persons who are practical and skilled plumbers from the 
 City of Baltimore, the Commissioner of Health of Baltimore 
 City, and a member of the State Board of Health, from the 
 State at large, whose duty it shall be to faithfully and impar- 
 tially execute, or cause to be executed, all the provisions and 
 requirements of this and the two preceding sections ; upon 
 application and in such manner and at such place as they may 
 determine, provided said place of examination shall be within 
 the limits of the City of Baltimore, they shall examine each 
 and every person who shall desire to work at the plumbing 
 business, touching his competency and qualifications ; and 
 upon being satisfied that the person so examined is competent 
 and qualified to work at said business, they, or any three of 
 them, shall grant such person a certificate of competency, and 
 register him in their books as a practical plumber, which shall 
 operate as full authority to him to conduct and engage in the 
 said business of plumbing. 
 
 512. The said Board of Commissioners shall demand and 
 receive from each applicant for a certificate of competency 
 whom they examine and pass the sum of three dollars at the 
 time of the issuance of said certificate, and the sum of one 
 dollar for the renewal thereof each and every year thereafter, 
 on or before the first day of May.
 
 192 
 
 513. The money received under the provisions of the fore- 
 going section shall be used and applied by said Commissioners 
 to defray their expenses, and all surplus over and above their 
 necessary expenses shall be returned to the State Treasurer 
 for the use of the State. 
 
 514. Said Commissioners shall hold their several offices 
 for the period of two years, commencing from the first day of 
 M-Sij in the year eighteen hundred and eighty-six,- and there- 
 after until their successors have been appointed and qualified ; 
 each Commissioner, within thirty days after notification of his 
 appointment, shall take and subscribe an oath or affirmation 
 before the Clerk of the Superior Court of Baltimore City, to 
 impartially and faithfully discharge his duties as said Com- 
 missioner ; every person appointed Commissioner, who shall 
 refuse or neglect to take the oath or affirmation provided for 
 in this section, within the period named, shall be deemed to 
 have refused said office, and the Governor shall immediately 
 appoint some person qualified as provided in section 511 of 
 this Article, to fill the vacancy thus created ; each of said 
 Commissioners shall receive the sum of five dollars for every 
 day that he shall be present at a meeting of said Board, for 
 the transaction of business ; provided, however, that in each 
 year he shall not receive comj)ensation for more than thirty 
 dollars, and provided, also, that said compensation shall be paid 
 out of the fees or other sums received by said Board. 
 
 515. The said Board of Commissioners are empowered to 
 make such rules and regulations from time to time as in their 
 judgment they may deem necessary and requisite ; and they 
 shall make a report of the condition of the Board to the 
 Governor biennially, on or before the first day of February, 
 with a full statement of their receipts and expenditures. 
 
 HOURS or LABOR. 
 
 516. No mechanic nor laborer employed by the Mayor and 
 City Council of Baltimore, or by any officer, agent or contrac- 
 tor under it, shall be required to work more than nine hours 
 per day as a day's labor; provided, however, that this section 
 shall not apply to mechanics and laborers whose hours of labor 
 are already fixed at less than nine hours per day ; and provided, 
 further, that the provision of this sub-division of this Article 
 shall not apply to the employees of the Fire Department, Bay
 
 193 
 
 View Asylum or the Baltimore City Jail. Any such officer, 
 agent or contractor who shall require any mechanic or laljorer 
 to work more than nine hours per day, contrary to the pro- 
 visions of this section, shall be fined not less than ten dollars 
 nor more than fiftv dollars for each offence ; one-half of such 
 fine to go to the informer ; said fines to be collected as other 
 fines are collected by law. 
 
 HOUSES OF EEFUGE AND REFOEMATION. 
 
 517. The Mayor and City Council of Baltimore in con- 
 formity with the requirements of section 105 of this Article, 
 is authorized and empowered to appropriate annually to the 
 House of Kefuge and St. Mary's Industrial School, any sum 
 or sums of money not exceeding twenty-five thousand dollars 
 per annum, and to the Boys' Home Society of Baltimore City, 
 not exceeding the sum of five thousand dollars annually ; and 
 to the Female House of Refuge, not exceeding ten thousand 
 dollars per annum ; and to the St. Vincent of Paul's Orphans 
 Asylum of Baltimore City, any sum now due said institutions 
 for the care of destitute or other minors committed by courts 
 or police magistrates to its care, and hereafter not exceeding 
 the sum of two thousand dollars j^er annum. And the said 
 Mayor and City Council are further authorized and empowered 
 to appropriate for repairs, permanent improvements and addi- 
 tions to the buildings now occupied and used by the House of 
 Kefuge and the Maryland Female House of Refuge, such addi- 
 tional sum or sums of money as in their judgment shall from 
 time to time be required for these purposes. 
 
 518. The Judge of the Criminal Court of Baltimore, the 
 President of the Board of Police Commissioners, and the Mar- 
 shal of the Police of the City of Baltimore, shall, at such times 
 as they may think proper, visit and inspect the House of the 
 Good Shepherd. 
 
 IMMIGRANTS. 
 
 519. The master or commander of any vessel arriving from 
 a foreign country or from any other of the United States, who 
 shall enter said vessel at the custom-house in the City of Balti- 
 more, shall, within twenty-four hours after such entry, make a 
 report in writing on oath to the Mayor of said City, of the 
 name, age and occupation of every alien who shall have been 
 brought or carried as passenger in such vessel on that voyage, 
 
 13
 
 194 
 
 upon pain of forfeiture, for every neglect or omission to make 
 siTcli report, of the sum of twenty dollars for every such pas- 
 senger neglected or omitted to be so reported. 
 
 520. The Mayor, or other person discharging the duties 
 of his office, shall require the owner or consignee of every 
 vessel arri\dng from a foriegn country, or from any other of 
 the United States, which shall be entered in said custom-house, 
 upon pain of forfeiture to the Mayor and City Council of 
 Baltimore, of twenty dollars for every neglect or omission to 
 give a several bond to the State of Maryland in the penalty of 
 three hundred dollars, for each passenger included in the 
 report of the master or commander ni siich vessel directed to 
 be made by the preceding section, and conditioned to indem- 
 nify and save harmless each and every City, town and county 
 in this State, from any cost which such City, town or county 
 shall incur, for the relief or support of the person named in 
 the bond, within five years from the date of the bond, and also 
 to idemnify and refund any charge or exjDense such City, town 
 or county may necessarily incur for the support or medical 
 care of the person named therein, if received into the alms- 
 house or hospital or any other institution under their care. 
 
 521. Every such bond shall be signed by two or more suffi- 
 cient securities, residents of the State of Marvland, each of 
 whom shall prove, by oath or otherwise, that he is owner of a 
 freehold in said State, of the value of three hundred dollars 
 over and above all claims or liens thereon or against him, includ- 
 ing any contingent claim which may accrue fi'om or upon any 
 former bond given under the provisions of this sub-division 
 of this Article. 
 
 522. If the principal in said bond chose, instead of the 
 security required in the preceding sections, he may secure said 
 bond by mortgage of real estate, or by the pledge and transfer 
 of public stock of the United States, or of the State of Mary- 
 land, or of the City of Baltimore, or by deposit of the amount 
 of the penalty in some bank, subject to the order of the Mayor 
 of the City. 
 
 523. Any security, whether real or personal, oflered by 
 such owner or consignee, shall first be approved bv the Mayor 
 of the City.
 
 195 
 
 524. The owner or consignee of anj vessel maj at any time 
 Avithin three days after the landing of such passengers, com- 
 mute for the bond hereinbefore required, by paying to the City 
 Eegister the sum of one dollar and fifty cents for each and 
 every passenger reported as hereinbefore required by this sub- 
 division of this Article, and the receipt of such sum by the 
 City Eegister shall be deemed a full and sufficient discharge 
 from the requirement of giving such bond. 
 
 525. If any alien passenger in such vessel shall be suffered 
 to land therefrom at any place within the distance of fifty 
 miles from said City, with the intent to proceed thereto other- 
 wise than in said vessel, the master or commander thereof 
 shall forfeit and pay for every such jDerson the sum of one 
 hundred dollars, unless within forty-eight hours after the entry 
 of the vessel, the owner or consignee shall give bonds or pay 
 the commutation money aforesaid. 
 
 526. All or any of the said penalties and forfeitures, as 
 well as the said commutation money, may be sued for in the 
 name of the Mayor and City Council of Baltimore, before any 
 Justice of the Peace, in the same manner and subject to the 
 same rules and process, and the right of appeal as provided in 
 cases of small debts. 
 
 527. The Mayor may compound for or remit the said pen- 
 alties and forfeitures, and payments and recoveries, or any of 
 them, either before or after suing for the same, upon such 
 terms as the circumstances of the case may in his judgment 
 require. 
 
 528. The Mayor and Eegister shall pay over to the trus- 
 tees for the poor of Baltimore City, semi-annually, three-fifths 
 of all sums of money arising from commutation by owners or 
 consignees of vessels as aforesaid, which shall be appropriated 
 by said trustees to the use of tlie City of Baltimore, for the 
 purpose of supporting the foreign paupers of the said City, 
 and the remaining two-fifths shall be paid to the Hibernian 
 Society of Baltimore, and the German Society of Maryland, 
 in the proportions mentioned in the next succeeding section. 
 
 529. All money received by the Mayor or Eegister for 
 penalties and forfeitures imposed by this sub-division of this
 
 196 
 
 Article shall be distributed and paid by the Mayor and City 
 Council as follows : two-fifths thereof to the German Society 
 of Maryland, and the Hibernian Society of Baltimore, to be 
 divided between them as follows : to the German Society in 
 proportion to the amount received from and on account of 
 German and Swiss passengers, and to the Hibernian Society 
 in jDroportion to the amount received from and on account of 
 Irish passengers ; and the remaining three-fifths to the Super- 
 visors of City Charities. 
 
 530. The Eegister of the City shall be entitled to two per 
 centum upon the amount of money collected under this sub- 
 division of this Article. 
 
 531. Nothing contained in the twelve preceding sections 
 shall be deemed to extend to any ambassadors, ministers, con- 
 suls or agents of foreign governments arriving as passengers 
 in the port of Baltimore. 
 
 INSPECTIONS, WEIGHTS AND MEASURES. 
 
 Barrels. 
 
 532. The standard barrel for the measurement of all green 
 peas or beans in the hull, for which a heaping measure is now 
 given, shall be of the folloAving dimensions, namely : diameter 
 of said barrel at the top shall be eighteen and three-fourths 
 inches inside the staves, the diameter at the bottom inside the 
 staves shall be sixteen and one-fourth inches, and the depth of 
 said barrel shall be twenty-six inches inside, and to contain in 
 all six thousand two himdred and fifty-three and three-fourths 
 ciibic inches, measurement by said barrel to be struck measure. 
 
 533. The dimensions of any barrel so used shall be stamped 
 by the Inspector of Weights and Measures of the City of 
 Baltimore upon the same, in three conspicuous places, and any 
 person using a barrel for the measurement of peas, beans and 
 like farm products, without being so stamped, shall be fined 
 not less than one hundred dollars, or more than five hundred 
 dollars ; said fine to be collected as other fines are now col- 
 lected. 
 
 534. It shall be the duty of said Inspector of Weights and 
 Measures and any measurer of the City of Baltimore, from 
 time to time to inspect the barrels used for the measurement
 
 197 
 
 of said peas, beans and otlier farm products, and to see that 
 the provisions of this sub-division of this Article are complied 
 with ; and upon the conviction of any person or corporation 
 under the provisions of this sub-division of this Article, one- 
 half of the fine imposed shall be paid to said Inspector of 
 Weights and Measures of the City of Baltimore. 
 
 Coal. 
 
 535. Every person dealing in or selling mineral coal within 
 the City of Baltimore shall have scales of suitable capacity 
 attached to the premises occupied by him ; any neglect upon 
 the part of the dealer, seller or owner of coal-yards or wharves 
 that are used for the sale of coal, to have the said scales placed 
 within the aforesaid yards or wharves, shall be subject to a 
 penalty of ten dollars for each and every offence, to be recov- 
 ered by indictment and paid to the Comptroller of Baltimore 
 City. 
 
 536. If any owner of a cart or other vehicle used for haul- 
 ing coal in the City of Baltimore shall neglect to have such 
 coal weighed upon the scales named in the preceding section, 
 or if any dealer or seller shall sell the aforesaid coal to any 
 cart, wagon or other vehicle, without being so weighed, he 
 shall be subject to a penalty of ten dollars for each and every 
 offence, to be recovered by indictment and to be paid to the 
 Comptroller of the City of Baltimore. 
 
 , 537*. It shall be the duty of any policeman of Baltimore 
 City, when called for by the purchasers or any interested 
 person, or when such officer has reason to believe any cart, 
 wagon or other vehicle on the street or road containing coal 
 has not the proper weight, to take such cart, wagon or other 
 vehicle to the nearest State or available private scale and have 
 it weighed ; and the party so weighing shall give a sworn cer- 
 tificate of the weight ; and the seller of said coal shall not 
 make any additional charge for hauling said coal to any scales 
 to be weighed ; and if the driver of said cart or other vehicle, 
 or the owner thereof, shall refuse to drive said cart or other 
 vehicle to said scales to be weighed as aforesaid, such driver 
 or owner so refusing shall be fined the sum of five dollars, to 
 be recovered by indictment and paid to the Comptroller of 
 Baltimore City.
 
 198 
 
 538. It shall be the duty of every seller of coal to send with 
 each and every load of coal sold by him a card or ticket, which 
 shall indicate on its face in plain characters the seller's name, 
 the date, the weight of coal contained in the cart, wagon or 
 other vehicle in which it is being transported ; and any vendor 
 of coal violating such provisions, or being found selling or 
 delivering any load of coal without such card or ticket, shall 
 be liable to a fine of not less than five dollars, nor more than 
 ten dollars for each and every offense, to be recovered and 
 appropriated as provided in the preceding Section ; provided,. 
 however, that two per centum shall be allowed in the weight of 
 the coal in the said cart, wagon or other vehicle for variation of 
 scales ; and provided, further, that nothing in this Section con- 
 tained shall apply to sales of coal by manifest weight in car or 
 cargo lots. 
 
 539. A compensation of twenty-five cents per ton shall be 
 paid to the parties weighing coal under the foregoing section, 
 said sum for weighing to be paid by the seller, if the coal is 
 deficient in weight, otherwise to be paid by the purchaser. 
 
 539a. The Board of Police Commissioners shall order the 
 detail of one policeman from each of the eight districts of the 
 City (but one only at a time, and the said policeman so 
 appointed shall not serve continuously), and each district 
 changing alternately with the others for such time as the judg- 
 ment of the Marshal shall determine. Such policeman shall 
 be charged with the duty of enforcing the Coal Law for the 
 benefit of the public and specially watching the delivery of 
 mineral coal by carts, wagons or other vehicles, and he shall 
 be empowered with authority to weigh any cart, wagon or other 
 vehicle loaded with coal at any time he may elect to do so. 
 
 540. The provisions of this sub-division of this Article 
 shall not apply to the sale of coal by single bushel, half bushel, 
 or peck. 
 
 Gas Meters. 
 
 541. It shall be the duty of every gas company manufac- 
 turing, furnishing and selling gas in the City of Baltimore, to 
 place upon the premises of every consumer using gas, a correct 
 apparatus or meter for registering the consumption of the 
 same, and it shall be the duty of the company to see that said 
 apparatus or meter is kept in proper working order and 
 condition.
 
 199 
 
 542. It shall not be lawful for said company, under any 
 circumstances, to charge or collect for any greater amount of 
 gas than is registered by said apparatus or meter. 
 
 543. Any consumer may, at any time, cause said apparatus 
 or meter to be tested by the Superintendent of Lamps and 
 Lighting or one of his Assistants, who shall make said test in 
 the presence of the consumer and of an agent of the gas com- 
 pany, by which the gas may be supplied, if desired, and shall 
 furnish to the consumer a certificate under oath of the true 
 condition and working of said apparatus or meter ; and if it 
 shall be found, upon any such test, that said apparatus or meter 
 is registering gas in favor of said company, then, in the absence 
 of any fraud upon the part of the consumer, the said company 
 shall refund to the consumer an amount in lawful money equal 
 to the percentage that the said apparatus or meter has been 
 registering too fast, upon the bills of said consumer, registered 
 by said ap]3aratus or meter, for the four months next preceding 
 the said test, unless the said company can prove that such 
 inspection and certifi.cate do not show the correct result ; and 
 in case such refunding does take place, the said company shall 
 also pay the expenses incurred in making said test. 
 
 Gangers of Casks and Liquors. 
 
 544. Any citizen of the State of Maryland, on application 
 to the Clerk of the Court of Common Pleas in the City of 
 Baltimore, and on paying one hundred dollars to the said 
 clerk, shall be entitled to receive a license to act as ganger of 
 casks and liquors, for the term of one year from the date there- 
 of. The person applying for said license shall, at the time of 
 receiving the same, take and subscribe before said clerk, an 
 oath that he will honestly and faithfully discharge the duties 
 of said office. 
 
 545. No person engaged in vending or trading in or manu- 
 facturing casks or liquors individually, or as a partner, or as 
 agent, clerk or employee of a trader, vender or manufacturer of 
 said articles, or either of them, or any commissioned officer, 
 shall be licensed to act as ganger of casks and liquids. 
 
 546. Any person may sell, export or otherwise dispose of 
 any foreign or domestic liquors in casks, without having the 
 same gauged by a licensed ganger, but in cases of diflference
 
 200 
 
 between the buyer and seller as to the quantity, either party 
 may call in a ganger, and his judgment shall bind the parties. 
 
 547. The gangers shall procure and use a correct set of 
 gauging instruments, and as soon as they have ascertained the 
 capacity of any cask they shall distinctly mark with marking 
 irons the capacity on the bilge near the bung, and prefix the 
 letter M,, for the State of Maryland, and the first letter of the 
 surname of the gauger who does the gauging ; and any cask 
 containing such liquor, to be merchantable, must be round at 
 the bilge and heads, the staves thereof to be seasoned white 
 oak, free from any injurious portion of sap-wood, and not less 
 than half an inch thick at the thinnest part, and not more than 
 three-quarters of an inch at the thickest part, and to be tight 
 and secured with a sufficient number of good hoops ; if of iron, 
 six ; and if of wood, not less than twelve ; and at least not less 
 than twelve on all double barrels and hogsheads ; and if any 
 cask containing such liquor shall be found deficient in any of 
 these respects by said gauger, he shall direct it to be coopered, 
 or other casks substituted therefor, at the expense of the owner 
 or seller ; and if any such cask shall be fraudulently made, the 
 owner or seller thereof, or his agent, shall forfeit the cask to 
 the use of the State. 
 
 548. The said gangers, in order to ascertain the capacity 
 of casks, shall conform to the Baltimore standard of wine 
 measure ; and if any cask or vessel gauged or marked by said 
 gauger shall in its capacity be found lacking or exceeding one 
 or more gallons in a cask of a larger size, the gauger shall 
 forfeit and pay two dollars for each gallon so lacking or 
 exceeding the number of gallons marked by him on the cask. 
 
 549. If any person shall alter any mark, or number marked 
 or set down by any gauger, thereby to deceive and defraud the 
 purchaser of distilled spirits, wine, molasses or other liquid 
 merchandise so gauged and marked, or shall put any false 
 mark or number on said cask, or upon any certificate intended 
 to counterfeit the mark or number of the gauger, he shall 
 forfeit and pay twenty dollars for every offence, one-half to 
 the informer and the other half to the use of the State. 
 
 550. Every gauger so licensed shall be entitled to demand 
 and receive from the person at whose request he shall gauge
 
 201 
 
 any cask, the following fees, to wit : For gauging casks not 
 exceeding forty gallons, ten cents per cask ; for casks of larger 
 size, fifteen cents. 
 
 551. Any person not being properly licensed, who shall act 
 as ganger, or being so licensed shall act as said ganger outside 
 of the limits of the said City, shall forfeit and pay to the 
 Sheriff of the City the sum of three hundred dollars; said 
 penalty to be imposed as a fine by the Criminal Court, on 
 presentment and indictment by the Grand Jury and conviction 
 in due course of law, and one-third of the penalty shall be 
 paid by the Sheriff to the informer, and the residue shall be 
 accounted for by the Sherifl" to the treasury as" other fines ; if 
 any person so licensed shall be guilty of a fraud by reason of 
 collusion with any parties, he shall be deemed guilty of misde- 
 meanor, and shall, on presentment and indictment therefor, 
 and conviction thereof, forfeit and pay a fine of not less than 
 five hundred dollars or more than one thousand dollars for 
 every such offence, or be imprisoned, in the discretion of the 
 court, for a time not exceeding three years, or both, and shall 
 also be liable in damages at the suit of the party aggrieved. 
 
 Hay and Straiv. 
 
 552. The Governor, by and with the advice and consent of 
 the Senate, shall biennially appoint four inspectors of hay and 
 straw for the Citv of Baltimore. 
 
 553. Each of said inspectors shall give bond to the State 
 of Maryland, in the sum of two thousand dollars, for the 
 true and faithful performance of the duties of his office. 
 
 554. All hay and straw brought to the City of Baltimore 
 may be weighed at the State hay scales as now established by 
 law, by one of the insi3ectors, at the rate of one hundred 
 pounds to the hundred weight, making a reasonable allowance 
 for the moisture thereof, as well as the mud or other substance 
 attached to the wagon, cart or sled containing the same. 
 
 555. The inspector shall give a certificate of every load of 
 hay or straw weighed by him, stating the gross and net weight 
 of such straw or hay, and wagon, cart or sled.
 
 202 
 
 556. The said inspector shall be entitled to demand and 
 receive for each and every load of hay and straw inspected by 
 him, of whatever weight, one cent per hundred weight; and 
 for weighing hemps, cable, anchors, dye-woods, barks, etc., two 
 cents per hundred pounds ; and for inspecting and weighing 
 corn in the ear and corn husks, one cent per hundred pounds. 
 
 557. If any person bringing hay or straw to said City shall 
 neglect to have the same weighed by the said inspector, or 
 shall be detected in having stones, rubbish, wood or anything 
 else concealed in his load, or shall in any maimer change the con- 
 dition of his cart, wagon, carriage or sled, with fraudulent inten- 
 tion, he shall ^forfeit and. pay for each and every such offence 
 the sum of five dollars ; provided, however, any person bringing 
 hay or straw to market, who shall sell and deliver the same for 
 consumption west of Gwynn's Falls, shall not be subject to the 
 penalty herein recited as to not having said load of hay or 
 straw weighed by the weighmaster at the western hay scales, 
 provided he shall tender to the weigher of hay and straw, at 
 the western hay scales, on the day of delivery of said hay or 
 straw, such fee as is prescribed by law, said fee to be ascer- 
 tained by the certificate of the person weighing said hay or 
 straw ; and when said certificate of private weigher is presented 
 to the weighmaster of hay ajid straw at the western hay scales, 
 the said weighmaster shall retain the certificate of the private 
 weigher, and issue to the j)erson presenting the certificate from 
 the private weigher, a certificate from the book of the weigh- 
 master at the western hay scales corresponding with the 
 certificate of the private weigher, for which the weighmaster 
 at the western hay scales shall collect the fee prescribed by law ; 
 any seller of hay or straw failing to comply with the provisions 
 of this section or failing to present the certificate of the 
 private weigher to the weighmaster at the western hay scales, 
 shall be subject to a fine of five dollars for each and every 
 such offence. 
 
 558. That any private weigher, avIio shall under a false 
 certificate, and any seller of hay or straw who shall present a 
 false certificate to the weigher of hay and straw at the western 
 hay scales, shall be subject to a fine of five dollars and costs 
 for each and every such offence. 
 
 559. If any person, after having his hay or straw weighed, 
 and having obtained the inspector's certificate, specifying the
 
 203 
 
 quantity thereof, shall dispose 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 ojffence the sum of twenty dollars. 
 
 560. The said inspectors may re-weigh carts, wagons, car- 
 riages or sleds, as often as they may deem expedient ; and if at 
 any time either of them shall be required to do so by a purchaser 
 of hay or straw, and it shall be found that his report of the 
 weight of the cart, wagon, carriage or sled is correct, the 
 person requiring the same shall pay twenty cents to said 
 inspector; in other cases the re-weighing shall be free of 
 charge. 
 
 561. The said inspector shall, at all times when required^ 
 weigh hemps, cables, anchors, dye-woods, barks, roots, etc. 
 
 562. In addition to the charge hereinbefore authorized for 
 the use of the State hay scales, the inspector shall be entitled 
 to demand and receive fifteen cents for each and every load of 
 hay or straw which shall remain half an hour on the premises 
 after the weighing thereof, but shall be removed before nighty 
 and thirty cents for each and every load which shall be left on 
 the premises until the next morning. 
 
 563. The weighing apparatus shall be adjusted at least 
 once in six months by the standard of weights for the City 
 of Baltimore, the expenses of which, together with all the 
 expense for repairs, shall be paid by the inspectors. 
 
 564. The inspectors shall severally account for, under oath, 
 and pay over to the Treasurer, quarterly, all moneys received 
 by them as inspectors, after retaining for their services three- 
 fourths of all moneys received under sections 556 and 560, 
 and one-fifth of all moneys received under section 562 of this 
 Article. 
 
 565. It shall be the duty of the inspector of hay and straw 
 having charge of the eastern hay scales at Canton, in the City 
 of Baltimore, to weigh all cattle and hogs required by law to 
 be weighed, which may be brought to said scales for that 
 purpose ; and the said inspector shall be entitled to demand 
 and receive for the use of the State, for the first time of 
 weighing any live-stock, except sheep, required by law to be
 
 204 
 
 weighed, two cents for every hundred weight, and one cent per 
 head for every sheep ; and for every second and subsequent 
 weighing, for cattle and hogs, two cents for every thousand 
 weight, and sheep, one cent for every thousand w^eight, and all 
 live-stock not required to be weighed, the sum of six cents for 
 every thousand weight. 
 
 566. He shall keep a full record of all weights as ascer- 
 tained and determined by him, of what, and for whom the same 
 may be ascertained and determined, and all money received 
 by him for weighing live-stock, and all expenditures and dis- 
 bursements, in books to be provided for him for that purpose, 
 which books shall belong to the State, and shall at all times be 
 subject to the inspection and order of the Comptroller ; and 
 he shall, at the expiration of every six months, or within five 
 days thereafter, upon his oath, taken before a Justice of the 
 Peace for said City, make a full statement of all receipts for 
 weighing all live-stock weighed by him for the six months 
 immediately preceding said statement, and from whom received, 
 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 receipts for weigh- 
 ing live-stock, the said inspector shall retain the balance as 
 compensation for his services for weighing such live-stock. 
 
 567. Upon failure and refusal of any agent or owner of 
 live-stock to pay for weighing the same he may impound any 
 number of live-stock he may deem necessary to cause such 
 fees to be paid ; provided, no injury be done to said stock 
 by confining them as aforesaid, and that they be delivered to 
 the owner or agent upon payment of all just and proper 
 charges. 
 
 568. If the inspector shall neglect or delay to weigh or 
 cause to be weighed any live-stock brought to said scales for 
 the purpose of being weighed, for a time not exceeding twenty- 
 four hours after he shall have been requested to weigh the 
 same, he shall forfeit and pay to the owner of such live-stock 
 or his agent the sum of ten cents an hour upon each and every 
 head thereof for so many hours as he shall omit or neglect to
 
 205 
 
 weigh the same, over and above the term of twenty-four hours, 
 Sunday excepted, to be recovered in an action of debt before 
 a Justice of tlie Peace, with costs. 
 
 569. The said inspector of hay and straw shall execute a 
 bond to the State in addition to the bond now provided by law 
 to be given by said inspector, to be approved by the Comp- 
 troller, in the penal sum of one thousand dollars, conditioned 
 for the full performance of all acts and things required by him 
 as weigher of live-stock at said scales, and to pay all damages 
 that may be sustained by reason of wilful omission, refusal or 
 neglect to discharge said duties ; which bond shall be tiled with 
 the State Comptroller ; but said inspector or weigher of hay 
 and straw shall be chargeable with the payment of a tax of ten 
 dollars, and no more, for his commission. 
 
 570. All fines and forfeitures imposed under sections 557 
 to 559 may be recovered with costs in the name of the State, 
 before a Justice of the Peace in the manner that small debts 
 are recovered ; one-half to the informer and the other half to 
 the use of the State. 
 
 Manure. 
 
 571. A cart load of manure shall contain forty cubic feet. 
 
 Steam, Boilers. 
 
 572. The Governor shall biennially appoint two suitable 
 persons who are well skilled in the construction and use of 
 steam engines and boilers, and in application of steam thereto, 
 whose duty it shall be to inspect steam boilers in the City of 
 Baltimore, as hereinafter specified and directed ; said inspec- 
 tors before entering on their duties, shall make oath before a 
 Justice of the Peace, that they will faithfully perform the duties 
 of their office without fear, partiality or favor ; tliat they are 
 not, and will not during their term of office, be connected with, 
 or interested in the manufacture of steam boilers, engines or 
 machinery applicable thereto, and that they will not during 
 their term of office, accept any money, gift, gratuity or consid- 
 eration from any person, and shall give bond, to be approved 
 by the State Comptroller, in the sum of five thousand dollars 
 each, for the faithful discharge of their duties. 
 
 573. The City of Baltimore is divided into two districts, 
 which shall be known as the first and second steam boiler
 
 206 
 
 inspection districts ; the first district shall embrace what is 
 now known as the Eastern, Northeastern and Southern Police 
 Districts ; the second shall embrace what is now known as the 
 Central, Western, Northwestern and Southwestern Police Dis- 
 tricts of said Citv; and the Governor in appointing the 
 inspectors, shall assign each to his res^jective district. 
 
 574. The inspectors, before entering on the discharge of 
 their duties, shall provide themselves with an office in a central 
 part of said Citj, also with the necessary apparatus and 
 appliances for the testing of steam boilers ; and they shall give 
 notice for three successive days, through the two daily papers 
 having the largest circulation in said City, of the time and 
 manner in which they shall receive the reports of the locations 
 of steam boilers. 
 
 575. Every owner or renter using a steam boiler in said 
 City, shall, within ten days after the publication of the afore- 
 said notice, report to the inspector of the district the location 
 
 of such boiler, under a penalty of fifty dollars for each day a 
 boiler is used and neglected to be reported. 
 
 576. The inspector of each district shall give six days' 
 notice in writing to each owner or renter of a steam boiler, or 
 the engineer or person in charge, of the time when he will 
 inspect such boiler ; and such owner or renter shall have such 
 boiler ready for inspection, in compliance with the require- 
 ments of said notice, and shall furnish such assistance as the 
 inspector may require, under a penalty of fift}- dollars for such 
 failure or neglect, and a further penalty of fifty dollars for each 
 day any such boiler is used without a certificate of inspection. 
 
 577. It shall be the duty of each inspector, once at least in 
 -every year, to inspect all stationary steam boilers of three horse 
 power and upwards, used within the limits of his district, sub- 
 jecting them to a hydrostatic test of at least twenty-five per 
 cent, in excess of the steam pressure allowed, and satisfy him- 
 self, by a thorough external and internal examination, (if pos- 
 sible), with a hammer, that the boilers are free from danger from 
 corrosion or other defects, are well made of good material, the 
 openings for the passage of water and steam, respectively, and 
 all pipes and tubes exposed to heat are of proper dimensions, 
 .and free from obstruction; that the flues and tubes, if any, are
 
 207 
 
 circular in form, the furnaces in proper shape, and the fire line 
 of the furnaces is at least two inches below the minimum M^ater 
 line of the boilers ; and shall also satisfy himself that the safety 
 valves are of suitable dimensions, sufficient in number and well 
 arranged, and that the weights are properly adjusted so as to 
 allow no greater pressure in the boiler than the amount pre- 
 scribed in the certificate of inspection; that there is a suffi- 
 cient number of gauge-cocks, a steam gauge, a coupling cock in 
 suitable position for attaching the hydrostatic test, that means 
 for blowing out are provided, so as to thoroughly remove the 
 mud and sediment from all parts of the boilers when they are 
 under the pressure of steam, and that fusible metals are prop- 
 erly inserted so as to fuse by the heat of the furnaces wiien the 
 water in the boilers shall fall below the prescribed limits, and 
 that adequate and certain provision is made for an ample sup- 
 ply of water at all times ; wdien the inspection is completed and 
 the inspector approves the boiler, he shall make and subscribe 
 a certificate of inspection, stating the condition of the boiler, 
 the number of years or months it has been in use, and the pres- 
 sure of steam allowed ; and no greater pressure than that 
 allowed by the certificate shall be applied to such boiler. In 
 limiting pressure, whenever the boiler under test will, with 
 safety, bear the same, the limit desired by the owner shall be 
 the one certified ; and such certificate of inspection shall be 
 framed under glass, and kept in some conspicuous place on the 
 premises where said boiler referred to is used; and if the 
 inspector shall deliver or cause to be delivered to the owner or 
 renter of any boiler a certificate of inspection without having 
 first subjected the said boiler to the tests as herein provided, 
 he shall forfeit his bond, and upon conviction shall be removed 
 from office by the Governor. 
 
 578. In addition to the annual inspection, it shall be the 
 duty of the inspector to examine all boilers within the limits of 
 their respective districts once at least in every three months, 
 and if deemed necessary, apply the hydrostatic test ; and if on 
 such examination the inspector shall find evidence of deterio- 
 ration in strength, he shall revoke the certificate and issue 
 another, assigning a lower rate of pressiire ; and if the defect be 
 of such character as to make the boiler dangerous, the inspector 
 shall notify the owner or renter in w^riting, stating in the notice 
 what is required, and order the use of the boiler discontinued 
 until the necessary repairs are made ; and if he considers it 
 beyond repair, he shall condemn it ; and if the owner or renter
 
 208 
 
 shall refuse or neglect to comply with the requirements of the 
 inspector, and shall, contrary thereto, and while the same re- 
 mains unreversed, use the boiler, he shall be liable to a penalty 
 of not less than one hundred dollars for each day such boiler 
 is used, and in addition thereto shall be liable for any damage 
 to persons or property which shall occur from any defects, as 
 stated in the notice of the inspector. 
 
 579. Any owner or renter of a boiler, who shall consider 
 himself aggrieved by the action of the inspector, under the 
 provisions of the preceding section, may, within ten days after 
 such inspection, notify the inspector of the fact, and demand 
 a re-examination of the said boiler ; the owner or renter shall 
 select a practical engineer, who, with the inspector, shall select 
 a third person, skilled in the manufacture and use of steam 
 boilers, which said two persons, after taking an oath as 
 reviewers, shall, together with the inspector, carefully examine 
 the said boiler, and the decision of any two of these shall be 
 final ; should the decision of the inspector be sustained, the 
 said owner or renter shall pay the expense of such review ; 
 but should it be reversed, the inspector shall restore the 
 certificate, and the expense of the review shall be paid by the 
 State ; such reviewers shall receive five dollars for each day or 
 part of a day they are engaged in making such review. 
 
 580. Any person erecting or using a steam boiler without 
 having the same inspected by the inspector of the district in 
 which the said boiler is located, shall pay a fine of one hun- 
 dred dollars, and fifty dollars for each day any such boiler is 
 used without being inspected ; and any person who shall alter 
 or change a steam gauge or weight on a safety valve for the 
 purpose of carrying a greater pressure of steam on a boiler 
 than that allowed by the certificate of inspection, shall be 
 liable to a fine of five hundred dollars ; and any owner or 
 renter of a steam boiler who shall neglect or refuse to place 
 his certificate of inspection on the premises, as prescribed in 
 section 577 hereof, shall pay a fine of five dollars for each 
 day's refusal or neglect. 
 
 581. The inspector shall have power to examine the engi- 
 neers and assistants in charge of boilers, and if any engineer 
 or assistant is found incompetent or addicted to intemperance, . 
 the inspector shall notify the owner or renter, and withdraw 
 the certificate of inspection until such engineer or assistant is 
 displaced.
 
 •209 
 
 582. Before issuing any certificate of inspection, the inspec- 
 tors shall demand and receive from the owner or renter of the 
 boiler, as a compensation for the inspection, and the examina- 
 tions to be made during the year as hereinbefore provided, 
 the following sums : For ever}- boiler of ten horse-power or 
 less, five dollars; when the boiler is above ten horse-power, 
 five dollars for the first ten, and twenty-five cents additional 
 for each horse-power in excess of that number. 
 
 583. It shall be the duty of each inspector to keep a correct 
 record of the locations of all boilers in his district, when each 
 boiler was inspected, the condition of the same at the time of 
 inspection, the instructions given to the engineers in charge, 
 the certificates issued, the amount of steam pressure allowed 
 in each certificate, and the boilers condemned or ordered to be 
 repaired ; also a correct account of all money received or paid 
 out ; and they shall report the same annually to the State 
 Comptroller. 
 
 584. The inspectors shall receive an annual salary of fifteen 
 hundred dollars each ; and all moneys collected, after deduct- 
 ing the necessary incidental expenses of the office, shall be paid 
 over to the Treasurer of the State. 
 
 585. Nothing in this sub-division of this Article shall 
 conflict with the ordinance of the Mayor and City Council of 
 Baltimore which requires their permission for the erection of 
 steam boilers in that City. • 
 
 586. Every steam boiler insurance company doing busi- 
 ness in this State shall have a resident inspector, whose duty 
 it shall be to make inspections of steam boilers submitted for 
 insurance to such steam boiler insurance company ; and any 
 owner or renter of a steam boiler who has the same insured in 
 a steam boiler insurance company doing business in this State, 
 in compliance with the laws thereof, and having a resident 
 inspector and an established system of inspection, must imme- 
 diately after the first annual inspection m each year by such 
 resident inspector of such steam boiler insurance company, 
 present to the State inspector of the district in which the said' 
 steam boilers are located, the certificate of inspection of the 
 said company ; and the said company shall be charged and 
 chargeable with a fee of one dollar for each and every boiler 
 
 14
 
 210 
 
 so inspected and insured, whicli shall be paid to the State 
 Inspector with such certificate ; 2Jrovided, that when there is 
 more than one steam boiler belonging to the same owner or 
 renter so insured, then the fee so chargeable to the insurance 
 company shall be one dollar per boiler for the first five, and 
 one dollar for each additional five or fraction thereof over and 
 above the first five ; and upon the acceptance of the provisions 
 of this section bj the owner or renter of said steam boiler, 
 the said owner or renter shall be exempted frc^m the require- 
 ments of this sub-division of this Article. 
 
 587. If either inspector neglects to discharge his duties as 
 prescribed in this sub-division of this Ai-ticle, he shall forfeit 
 his bond, and shall be removed from office by the Governor. 
 
 588. The Governor shall fill all vacancies that may occur 
 as soon as possible. 
 
 589. All fines and penalties imposed in this sub-division of 
 this Article shall be recoverable by indictment before the 
 Criminal Court of Baltimore, or before any Justice of the 
 Peace of said City, in the name of the inspector, for the 
 benefit of the State. 
 
 Wood Carts. 
 
 590. The Governor shall biennially appoint, by and with 
 the consent of the Senate, one competent person, whose duty 
 it shall be to measure and stamp all carts or vehicles engaged 
 in hauling cord wood from wharf and yard within the corpo- 
 rate limits of the City of Baltimore ; and it shall further be 
 the duty of the said measurer to measure and stamp all carts 
 or vehicles engaged in hauling sawed and split wood for the 
 purpose of selling the same within the corporate limits of the 
 City of Baltimore ; the said measurer shall have power to 
 appoint deputies if he shall find it necessary to facilitate the 
 work ; and he or his assistants shall give certificates to the 
 owners of said carts or vehicles, which shall hold good for one 
 year from date ; all such certificates shall terminate on the 
 first day of May, annually, and shall be applied for on said 
 day, or within thirty days thereafter ; and in all cases where 
 said certificate shall not have been renewed within the thirty 
 days aforesaid, a new certificate shall be necessary, to be dated 
 and paid for from the first day of May, as in case of renewal,
 
 211 
 
 unless some repairs or alteration be necessary to change tlie 
 same, for which services he shall receive the sum of one dollar 
 for each cart or vehicle so inspected and marked by him, to be 
 paid by the party at whose rec[uest the services were per- 
 formed ; the said measurer or his deputies shall be in no way 
 interested as clerks, or otherwise engaged in the purchase or 
 sale of fire-wood, other than for their own use. 
 
 591. That it shall be unlawful for any person, in either 
 purchasing or selling seasoned cord wood in quantities of not 
 less than one-half cord at any one time, to measure and settle 
 for the same, except on the basis of one hundred and twenty- 
 eight cubic feet to each cord of wood ; and that the said con- 
 tents of a cord of wood shall be ascertained by lineal or out- 
 side measurement, as follows : It shall be eight feet long, 
 four feet high and four feet wide. 
 
 592. That any person violating the provisions of the pre- 
 ceding section, shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof shall be subject to a fine of not less 
 than fifty nor more than one hundred dollars, one-half to go 
 to the informer. 
 
 593. The said measurer and his deputies, before entering 
 upon their duties of ofiice, shall take the following oath or 
 afiirmation, as the case may be, before some Justice of the 
 Peace : " I do solemnly swear (or aflirm) that I will faithfully, 
 truly and impartially, according to the best of my skill and 
 judgment, execute and perform the ofiice and duty of measurer 
 of carts according to the true intent and meaning of this sub- 
 division of this Article, so help me God." 
 
 594. Said measurer shall locate himself in some suitable 
 section of the City, where he can be found, where the greatest 
 quantity of wood is for sale ; he shall plainly mark, by a brand 
 on the standards of each side of said carts or vehicles, in such 
 a manner as that the purchaser or consumer of fire-wood may 
 see the quantity contained in each eighth, quarter, half or cord 
 of wood so purchased by him, the standard of measurement 
 to be one hundred and twenty-eight cubic feet to the cord of 
 well-stored and packed cord wood, or one hundred and sixty 
 cubic feet of sawed and split wood.
 
 212 
 
 595. All stick wood sold bj retail in the City of Baltimore, 
 shall be measured in a solid frame made of wood or iron ; a 
 frame to measure one-eighth of a cord shall be two feet wide 
 and two feet high ; a frame to measure one-fourth of a cord 
 shall be three feet wide and two feet eight inches high ; a 
 frame to measure three-eighths of a cord shall be four feet 
 wide and three feet high ; and a frame to measure one-half of 
 a cord shall be four feet wide and four feet high ; these various 
 dimensions being all intended to import inside measurement ; 
 all frames shall be measured aud stamped every year by the 
 inspector just as carts are measured and stamped. 
 
 596. If any wood dealer shall sell stick wood by retail in 
 the City of Baltimore, measured otherwise than in a frame, he 
 shall be subject to the penalty of five dollars for each ofience ; 
 one-half of the penalty to go the informer ; said penalty to be 
 recovered before some Justice of the Peace. 
 
 597. The two preceding sections shall not apply to the 
 measurement of sawed and split wood. 
 
 598. If any owner of a cart or vehicle to be used in hauling 
 fire-wood in the City of Baltimore shall neglect to have such 
 cart or vehicle so inspected, and if any carter or person shall 
 alter the marks of said carts or vehicles after the same have 
 been so inspected, or shall alter the measurement of said fire- 
 wood by increasing or taking from the same, or neglect to have 
 said carts or vehicles stamped, as j)rovided for in this sub- 
 division of this Ai'ticle, by the first day of June of each year, 
 or if any dealer shall sell the aforesaid cord or sawed and split 
 wood to any cart or vehicle not properly stamped by the meas- 
 urer or his deputies, provided for by this sub-division of this 
 Ai'ticle, he sliall be subject to the penalty of five dollars for 
 each offence, to be recovered as small debts are now recovered, 
 before some Justice of the Peace, for the use of the City of 
 Baltimore. 
 
 599. In case of dispute between the purchaser and seller of 
 any lot of fire-wood, the measurer or his deputy, appointed 
 
 'under this sub-division of this Article, may act as arbitrator 
 between said parties, and his decision shall be final; for which 
 services he shall receive the sum of six and one-quarter cents 
 for each cord of wood so inspected and measured by him, to
 
 213 
 
 be paid by the party at wliose request said service was per- 
 formed ; tlje said measurer or deputy to give a certificate of the 
 number of cords contained in each lot. 
 
 JONES S FALLS. 
 
 600. None of the provisions of this Article in reference to 
 constructing sewers and opening and paving streets in the City 
 of Baltimore shall apply to the construction of the sewers, and 
 to the opening and paving of the streets and avenues for which 
 provision is made in this Article relating to Jones's falls, save in 
 so far as the said provision may be made applicable thereto by 
 an ordinance of the Mayor and City Council of Baltimore, 
 passed for that purpose ; and provided further, that no appeal 
 shall lie from the decisions of the Baltimore City Court in 
 proceedings in said Court under the provisions of this Article 
 relating to Jones's falls. 
 
 601. All of the provisions of an ordinance of the Mayor 
 and City Council of Baltimore, entitled an ordinance to pro- 
 vide for the improvement of Jones's falls within the limits of 
 the City of Baltimore, approved January 31, 1870, shall have 
 the same force, effect and operation, and be in all respects as 
 valid as if the said ordinance had been passed after the approval 
 of the Act of 1870, chapter 115, or had been passed after the 
 •enactment of a law by the General Assembly of Maryland 
 authorizing and empowering the Mayor and City Council of 
 Baltimore to pass such an ordinance. 
 
 JURORS. 
 
 602. The Judges of the Supreme Bench of Baltimore City, 
 or a majority of them, shall meet in some one of the courtrooms 
 of the City of Baltimore on such days as the said Judges, or a 
 majority of them, shall appoint, in the month of April in each 
 year, and shall on such days of meeting, select fairly and im- 
 partially, and by the exercise of their best judgment, the names 
 of seven hundred and fifty persons, or thereabout, qualified 
 under the laws of this State to be grand and petit jurors in the 
 City of Baltimore. They shall cause the names of the persons 
 so selected to be entered in a proper book, and shall verify the 
 list so made up by their certificate and signatures. The said 
 book containing the said list shall be placed in the custody of 
 the Clerk of the Superior Court of Baltimore City.
 
 214 
 
 603. In order to assist the said Judges in making out th& 
 list of jurors aforesaid, the City Collector of the City of Bal- 
 timore, shall, before the first day of February in each and 
 every year, lodge with the Clerk of the Superior Court of Bal- 
 timore City, for the use of said Judges, a certified list of so 
 many of the taxable male inhabitants, resident in the said City, 
 as he may have been directed to furnish by the order of said 
 Judges, or a majority of them, setting out their names and 
 places of residence, so far as the same may be ascertained ; and 
 the said Collector shall receive for such service a compensation 
 to be fixed by said Judges, and he shall be paid as jurors are 
 paid. 
 
 604. The said list of persons, qualified under the laws of 
 this State to be grand and petit jurors in the City of Baltimore, 
 having been prepared as aforesaid, it shall be the duty of the 
 said Judges of the Supreme Bench of Baltimore City, or a 
 majority of them, to meet in each and every year in some one 
 of the courtrooms of the City of Baltimore, on one or more 
 days to be appointed by them, before the beginning of each 
 regular term of the Criminal Court of Baltimore, which said 
 meeting, or the last of which said appointed meetings shall be at 
 least ten days before the beginning of each of said terms, and to 
 select from said list the names of twenty-three persons, who 
 shall constitute and be the grand jurors for the City of Baltimore 
 for the ensuing term of said Criminal Court of Baltimore ; the 
 list of grand jurors so selected shall be attested by the signa- 
 tures of the Judges selecting the same, and be given forthwith 
 to the Sheriff of Baltimore City, who shall immediately 
 summon the persons so selected, to serve as grand jurors for 
 the City of Baltimore at the ensuing term of the Criminal Court 
 of Baltimore. If any of the grand jurors so selected and sum- 
 moned shall be shown to be disqualified, or be from any sufii- 
 cient cause excused from serving, it shall be the duty of the 
 said Judges of the Supreme Bench of Baltimore City, or of a 
 majority of them, to re-assemble as soon as they are notified 
 thereof by the Judge of the Criminal Court of Baltimore, and. 
 to assemble again, from time to time, if the same be necessary, 
 to correct and complete, in the' manner hereinbefore provided 
 for, the said Grand Jury for the City of Baltimore, by the selec- 
 tion of proper persons as aforesaid from the list of qualified 
 jurors made as aforesaid, omitting in said selection the names 
 of persons on said lists who may have been drawn to serve as. 
 petit jurors in other Courts of said City at said term. The
 
 215 
 
 Judges shall, after so correcting and completing the list of 
 grand jurors for the City of Baltimore, so before made out by 
 them, attest the said list of grand jurors as so corrected, hj 
 their certificate and signatures thereto. The Judge of the 
 Criminal Court of Baltimore shall, at the beginning of each . 
 term of the said court, designate the foreman of the Grand 
 Jury for the City of Baltimore for the said ensuing term, from 
 among the number of grand jurors selected as aforesaid for 
 said City ; and in case of the disqualification, sickness, absence 
 or death of said foreman, or of any foreman of said Grand 
 Jury, may designate another from among the number of said 
 Grand Jury, who shall act as such foreman. 
 
 604 ^« Upon the organization of each Grand Jury, as pro- 
 vided for in the jjreceding Section, and upon their request 
 therefor signified to the Judge or Judges for the time being 
 specially assigned to and sitting in the Criminal Court of the 
 said City, the said Judge or Judges may, and they are hereby 
 authorized and empowered to, appoint a clerk, who shall be a 
 competent stenographer, at a compensation not exceeding the 
 rate of fifteen hundred dollars per annum, to be paid by the 
 Mayor and City Council of Baltimore, which said clerk shall 
 have authority to take and transcribe the testimony given 
 before any Grand Jury in said City of Baltimore, and when- 
 ever required by the State's Attorney shall attend upon and 
 take and transcribe the testimony given at Coroner's inquests, 
 and all of the said testimony so taken and transcribed shall be 
 for the exclusive use and benefit of the Grand Jurv and the 
 State's Attorney o"f said City, unless otherwise ordered by the 
 Court. 
 
 604 B. Any clerk appointed under the provisions of the 
 preceding Section shall before he enters upon the duties of 
 his ojBfice take and subscrilje before the Clerk of the Criminal 
 Court of Baltimore City an oath that he will keep secret all 
 matters and things occurring before such Grand Juries. 
 
 604 1!' It shall be lawful for any stenographer, duly 
 appointed and qualified as herein provided, to attend and be 
 present at the sessions of every Grand Jury empaneled in the 
 said City, and it shall be his duty to take in short hand the 
 testimony introduced before such Grand Juries and to furnish 
 to the Grand Jury and the State's Attorney of said City a full
 
 216 
 
 copy of all such testimony as such Grand Jury or State's 
 Attorney shall require, and he shall not permit any other 
 person to take a copy of the same nor of any portion thereof, 
 nor to read the same nor any portion thereof, nor shall he dis- 
 close the character or any of the contents of the same to any 
 person or persons other than the Grand Jury or State's Attor- 
 ney for said City, except upon the written order of the Court 
 duly made after hearing the State's Attorney. All of the said 
 original minutes shall be kept in the custody of said State's 
 Attorney, and neither the same nor a copy of the same shall 
 be taken from the office of said State's Attorney excepting for 
 the use of a Grand Jury for said City or for production in 
 Court, without an order of Court first had and obtained, as 
 above provided. 
 
 604 !>• Any stenographer appointed as aforesaid who shall 
 violate any of the provisions of the three preceding Sections 
 with regard to secrecy shall be deemed guilty of a mis- 
 demeanor, and on conviction thereof shall be fined not exceed- 
 ing one thousand dollars or imprisoned in jail not exceeding 
 one year, or be both fined and imprisoned, in the discretion of 
 the Court. 
 
 605. The said Judges of the Supreme Bench of Baltimore 
 City, or one or more of them, shall, at one or more of the 
 meetings provided for in the last preceding section of this 
 sub-division of this Article, after the selection of the grand 
 juries for the City of Baltimore, as provided in the last pre- 
 ceding section, cause all the names selected by the Judges as 
 aforesaid, remaining upon said list of qualified jurors, to be 
 inscribed upon ballots, which shall be of equal size, color and 
 appearance, and shall be colsely folded and shall be placed 
 by one of such Judges, with his own hands, on the day of said 
 meeting, and immediately before the drawing herein provided 
 for, in a drawing wheel to be provided for that purpose by the 
 Sheriff of Baltimore City, under the direction of said Judges ; 
 the said Judge shall then cause the said Sheriff, or such one 
 of his deputies as he shall designate, to appear before him ; 
 and it shall be the duty of the said Sherift" or his said deputy, 
 in the presence and in the immediate view of the said Judge 
 or Judges, and of such other persons as may choose to attend, 
 to dr^w one by one from said wheel the ballots contained 
 therein until four hundred of said ballots have been drawn
 
 217 
 
 therefrom ; and the said Judge or Judges shall cause the said 
 wheel to be turned upon its axis before the commencement of 
 said drawing, and after the ballots have been deposited therein, 
 and after the drawing of each ballot, and before the drawing 
 of the next, until four hundred of said ballots shall have been 
 drawn ; and said Judge or Judges shall forthwith cause the 
 names appearing upon said ballot as drawn, together with the 
 names selected as grand jurors, to be duly recorded in a proper 
 book in the order in which they shall have been chosen, and 
 in which said Judge or Judges shall have seen them drawn as 
 aforesaid, which said Judge or Judges so attending said draw- 
 ing shall certify at the foot of said list to have been done. 
 
 606. After four hundred of the names in the box shall have 
 been drawn, as provided by section 605, it shall be the duty of 
 said Judge or Judges who shall have attended said drawing to 
 cause the names of the said several panels, and the names of 
 the other persons drawn as aforesaid, to be entered in two 
 books, in addition to the book provided in section 605, in the 
 order in which the said panels and the names aforesaid were 
 drawn ; and the said books shall be certified by the Judge or 
 Judges who shall have attended said drawing, to be true copies 
 of the book prescribed in section 605, and said books shall be 
 denominated jury books for Baltimore City. 
 
 607. In addition to the four hundred names to be drawn 
 as provided by section 605 of this Article, it shall be the duty 
 of said Judge or Judges who shall attend said drawing to cause 
 to be drawn in the mode pointed out in said section 605, or in 
 such other mode as shall be prescribed by the Supreme Bench 
 of Baltimore City, one hundred additional jurors, or such other 
 number as shall be deemed necessary to be drawn by the Supreme 
 Bench of Baltimore City, which said jurors so drawn, together 
 with the said four hundred jurors, shall, under such regulations 
 as shall 'be prescribed by the Supreme Bench of Baltimore 
 City, serve from time to time as jurors in the common law 
 courts of Baltimore City, and for such length of .time as said 
 courts shall prescribe, and power is hereby conferred upon 
 said Supreme Bench of Baltimore City to prescribe by rule' 
 for the mode, time and place for the drawing of jurors, for the 
 organization thereof, and for the distribution among the said 
 several common law courts of Baltimore City, of the jurors 
 whose drawing is provided for by the several sections of this
 
 218 
 
 sub-division of this Article, and to regulate the length of time 
 for which the jurors drawn as aforesaid shall serve. 
 
 608. When the jury books shall have been prepared and 
 certified as directed in the foregoing section, it shall be the 
 duty of the said Judge or Judges by whom the same shall have 
 been so certified, to cause one of the said books to be deposited 
 in the custody of the Clerk of the Superior Court of Baltimore 
 City, and one in the custody of the Sheriff of Baltimore City, 
 and one shall be retained by the said Judges of the Supreme 
 Bench of Baltimore City, or by such one of their number as 
 they shall appoint for the purpose of verifying the list of persons 
 so delivered as aforesaid to the Clerks or the Sheriff of Balti- 
 more City. And when the said books shall have been deliv- 
 ered to the said Sheriff, he shall immediately summon the 
 several jurors drawn for the several panels named in the said 
 book, to serve in the court for which they have been respectively 
 drawn, at such time as shall be designated by the court. And 
 in addition to summoning the said jurors for the said several 
 panels, the said Sheriff shall also summon such additional 
 number of persons, whose names are set down in said book, 
 and as nearly as may be in the order in which their names are 
 so set down, as the said Judges of the Supreme Bench, or a 
 majority of them, shall direct, to appear in the room of the 
 Superior Court of Baltimore City at the same time with the 
 panel for said court. - And the said additional number of jurors 
 shall constitute a reserve, from which, without further summons, 
 jurors may be selected to serve in lieu of any persons drawn for 
 the regular panels of said court aforesaid, who may not be found, 
 fail to appear, are legally disabled, or are excused or excluded 
 from attending, so that the panels may be completed by select- 
 ing from said reserve, in the following order : First, for the 
 Superior Court of Baltimore City ; second, the Criminal Court 
 of Baltimore ; third, the Baltimore City Court ; and fourth, the 
 Court of Common Pleas. And iintil said panels have been com- 
 pleted, said reserves shall be required, iipon the order of the 
 several courts, to proceed from one to the other in the order above 
 mentioned ; and when all said panels have been completed, 
 those persons summoned for such reserve, and not empaneled, 
 shall be discharged, but shall not thereby be excused from 
 service when resummoned ; and in empaneling juries for said 
 reserve their names shall be called in the order in which they 
 appear in said book ; and the names of said reserves shall 
 first be all called in the Superior Court of Baltimore City, the
 
 219 
 
 Judge of which Court shall determine upon their qualifica- 
 tions as jurors, and the right or claim of any members of said 
 reserve to be excused or exempted from service. 
 
 609. If the full panels of jurors for the said several courts 
 shall not be obtained from the jurors so drawn for the several 
 panels of the said courts, as herein provided, or from said 
 reserve, by reason of some of said jurors or reserve being 
 legally disabled or excused from attending, or not being found, 
 or from other causes, the Sheriff, upon being notified by any 
 of said Judges what additional number of jurors is required 
 for the court in which he presides, shall proceed to complete 
 the said panel in which jurors are needed, by summoning in 
 the stead of such jurors such number of persons as said Judge 
 may direct, of the persons whose names are set down in the 
 said jury book next after the regular panels, and after those 
 persons who have been summoned as the reserve hereinbefore 
 provided for ; and he shall summon such persons, as near as he 
 can reasonably do so, in the order in which they are set down 
 in said book, and their names shall be called for empaneling 
 in the order in which they appear in said book. 
 
 610. If at any trial of any cause in any of the several 
 courts as aforesaid, tales de circumstantibus, shall be ordered, it 
 shall be the duty of the Sheriff to summon such talesmen,, 
 those who are entered in said book and are not upon the 
 regular panels as aforesaid ; and such talesmen shall be sum- 
 moned and called to be sworn or aflirmed upon the voir dire, 
 or otherwise, in the order in which their names are set down 
 in said jury book, unless the sheriff* or his deputy in that 
 behalf shall swear that he has made true and diligent search 
 for such persons as do not appear, and that they cannot be 
 found, or unless being summoned such persons have failed to 
 appear, or unless the State's Attorney or his deputy, and 
 counsel for the traverser, or the counsel for the parties liti- 
 gant, with the consent of the court, shall waive said order for 
 summoning and swearing or affirming such talesmen ; but if 
 said affidavit shall have been made b}^ said Sherift* or his 
 deputy, or if such persons shall fail to appear after having 
 been summoned as aforesaid, or the said waiver shall be made 
 with the consent of the court, then such of the talesmen as 
 have been properly summoned and have appeared shall be 
 called to be sworn in the order in which their said names are 
 recorded in the jury book aforesaid ; or whenever in either of
 
 220 
 
 said courts it shall be iiecessarj to summon talesmen, the 
 Judges of the said courts, respectively, instead of, or in addi- 
 tion to, resorting to the foregoing provisions of this section 
 for the summoning of talesmen, may order the Sheriff to sum- 
 mon as such talesmen, any of the jurymen in attendance upon 
 either of the said courts, except said Criminal Court of Balti- 
 more, who may not then be engaged as a part of any special 
 panel ; and if it should happen at any time that in summon- 
 ing talesmen for any of the said courts, the Sheriff shall 
 exhaust the whole list of the names drawn from the said wheel, 
 as provided in this sub-division of this Article, it shall be his 
 duty immediately to make report thereof, verified by his 
 affidavit or affirmation, to the Supreme Bench of Baltimore 
 City, and thereupon the said Judges, or one of them, shall 
 immediately cause the Sheriff, or his deputy to be designated 
 by him, to appear before such Judge, in some one of the 
 courtrooms in said City, and cause such additional number of 
 names as shall be designated by the Judge of the Court for 
 which such talesmen are needed, to be drawn from the names 
 selected by said Judges as aforesaid, and still remaining upon 
 said list of qualified jurors, and from such further names, if 
 any, as the Judges of the Supreme Bench, or a majority of 
 them, shall select and cause to be added to said list ; and the 
 said drawing shall be made, and the names drawn shall be 
 recorded in the manner provided in sections 605 and 606 ; 
 and the talesmen shall be summoned from such additional 
 number of persons so drawn in the manner hereinbefore 
 directed. 
 
 611. Every petit juror sworn upon any special panel shall 
 continue to serve thereon until discharged by the court, not- 
 withstanding the expiration of his term of three weeks, afore- 
 said ; but no one summoned as a juror shall be excused from 
 service except in open court, on good cause shown to the 
 satisfaction of the court ; and if any juror summoned, and not 
 excused, shall fail to attend the said court until duly discharged, 
 he shall be fined, for the use of the said City, not less than 
 twenty nor more than two hundred dollars, to be recovered by 
 attachment, or such other appropriate process as the said court 
 may direct. 
 
 612. It shall be the duty of said Judges, or a majority of 
 them, to assemble as hereinbefore in this sub-division of this
 
 221 
 
 Article provided, on the Thursday preceding the fourth Mon- 
 day of each term, and thereafter so long as a jury may be 
 required for any of said courts, from three weeks to three 
 weeks during each term of each of the said courts which may 
 require the attendance of a jury; at such meetings the said 
 Judges, or a majority of them, shall cause the names of those 
 who have served on any of the regular panels of the aforesaid 
 courts since the making of the list of qualified jurors as afore- 
 said to be stricken from said list ; and the persons whose names 
 are so stricken from said list shall not be liable to serve ugain 
 as jurors for two years, accounting from the beginning of the 
 term for which their names were so entered on the list of quali- 
 fied jurors; the said Judges, or a majority of them, shall then 
 add to said list of qualified jurors such qualified persons as 
 shall sufiice to make up the number of seven hundred and fiftv 
 qualified persons, or thereabouts. From the said whole number 
 the jurors to serve for three weeks from the ensuing Monday 
 shall then be drawn for the said courts, and their names be 
 recorded in the said jury books in the manner hereinbefore 
 provided by this sub-division of this Article, under the 
 superintendence of one or more of said Judges. And if, at 
 the time of any drawing, juries shall not be required for all of 
 said courts, then it shall not be necessary to draw panels for 
 the court not requiring them, but jurors shall be drawn for such 
 courts only as may need them, in the manner hereinbefore 
 provided in this Article relating to jurors, so far as concerns 
 the courts requiring such juries ; and besides summoning said 
 panels for the said courts, the Sheriff" shall also summon at the 
 same time such number of reserves as he may be required, by 
 the Judges, or a majority of them, as provided by section 608 ; 
 and said reserves shall also be liable to service as in said 
 section mentioned. 
 
 613. If it should happen that the said lists of persons 
 competent to act as jurors, other than the regular panels as 
 aforesaid, should at any time be exhausted as talesmen, it shall 
 also be competent for the Sherift' to summon as talesmen any 
 of the regular panels in any of the other of said courts in 
 Baltimore City who may be 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 another, as talesman, jurors of the 
 regular panel of the court in which talesmen are required, or so
 
 222 
 
 many of tliem as shall be needed, shall be by the said Sheriff 
 notified to attend in the courts from which regular jurors have 
 been withdrawn ; and the said jurors shall attend accordingly 
 in the said courts until the regular jurors of said court are 
 discharged from the court in which they shall be required to 
 serve as talesmen as aforesaid. 
 
 614. Any person who shall fraudulently mark or designate 
 Or open or leave open, or cause or knowingly permit to be 
 marked or designated, or to be opened or left open any ballot 
 for jurors which shall be prepared for the purpose of being 
 drawn under this sub-division of this Article, or who, by any 
 fraudulent contrivance, device or collusion whatever, shall pre- 
 pare or arrange, or cause, or knowingly permit to be prepared 
 or arrange any ballot aforesaid, so that the same or any there- 
 of may be known or recognized in the drawing thereof, or may 
 be drawn in preference to others, or for the purpose of 
 their being so known or recognized, or being so drawn or 
 omitted to be so drawn; and any person who shall in 
 any way fraudulently or collusively deal with the ballots 
 aforesaid, or any of them, or with the drawing thereof, 
 or with the preparation or folding of said ballots, or 
 with the wheel aforesaid, so that the fair operation and 
 lawful and impartial execution of the provisions of this sub- 
 division of this Article in relation to the selection of jurors in 
 the City of Baltimore shall be knowingly prevented or inter- 
 fered with, or with intent to interfere with or prevent the same, 
 or to permit or allow the same to be interfered with or pre- 
 vented, shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be sentenced to be confined, in the discretion of 
 the Court, in the Penitentiary or Maryland House of Correc- 
 tion for a term of not less than one nor more than three years. 
 
 615. AH special juries authorized by law to be summoned 
 shall be summoned by the Sheriff of Baltimore City from 
 those whose names may be inscribed in the jury book as then 
 revised. 
 
 616. If any Sheriff' of Baltimore City, or any deputy 
 thereof, shall wilfully violate the provisions of this sub- 
 division of this Article relating to juries, the said Sheriff' shall 
 forfeit the sum of one thousand dollars, which shall be recov- 
 ered by civil action in the name of the State against the 
 Sheriff and the sureties on his bond in that behalf, and one- 
 half of the penalty shall be paid to the informer.
 
 223 
 
 617. Any two of the Judges of the Supreme Bench of 
 Baltimore City may constitute a quorum at any meeting held 
 under the provisions of this sub-division of this Article, and 
 may exercise all the powers reposed in the said Judges. 
 
 618. In all criminal cases in which the person indicted has 
 or may have the right of peremptory challenge, the State's 
 Attorney shall have the right to challenge peremptorily any 
 number of jurors not exceeding five. 
 
 619. 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. 
 
 620. All the provisions of this sub-division of this Article 
 relating to the mode of drawing and summoning jurors shall 
 be construed as directory merely, and no indictment oj- pre- 
 sentment for any felony or misdemeanor shall be quashed, nor 
 shall any judgment upon any indictment or presentment, 
 whether after verdict, by confession or otherwise, be stayed or 
 reversed, nor shall any challenge to the array of jurors be 
 allowed because of any failure by the Judges, or the clerks, or 
 the Sheriff, to comply with the provisions of law relating to 
 the drawing of jurors in the City of Baltimore ; provided, 
 nevertheless, that if any officer concerned in the drawing of 
 said jurors shall wilfully neglect to perform any duty imposed 
 upon him by law, he shall be liable to indictment in the Crim- 
 inal Court of Baltimore, and upon conviction shall be fined 
 the sum of one thousand dollars. 
 
 Pay of Jurors. 
 
 621. Jurors in any of the courts of the City of Baltimore 
 shall receive one dollar and a-half per day for each and every 
 day they shall attend the several courts of this State in said 
 City as jurors ; and it shall be the duty of the clerk of the 
 court to which the jurors shall be summoned, to furnish on 
 the day their services shall terminate, to each juror, a certifi- 
 cate, showing the days he has been in attendance on tbe court, 
 and the amount payable to him for such service ; and the City 
 Register shall pay the jurors the sums payable for such ser- 
 vice in cash, and immediately upon the presentation and sur- 
 render of such certificate, with the receipt of the juror, and
 
 224 
 
 said payment shall not be demanded save upon the surrender 
 of said certificates, and the said certificates shall not be the 
 subject of assignment. 
 
 Volunteer 3IUitia Exempt from Jury Duty. 
 
 622. All certificates of membership of any legally organ- 
 ized volunteer company of the militia shall be signed by the 
 commanding officer thereof, which certificates shall be issued 
 on or before the first day of April in each year to such persons 
 as may then compose the uniformed and active members of 
 said company ; every such company may receive and have as 
 many honorary members as it has active and uniformed mem- 
 bers, and no more, on payment, in advance, by each person 
 desiring to become such honorary member, of not less than 
 ten dollars per annum ; which said money shall be received by 
 the commanding officer of the company, and be by him applied 
 to the payment of armory rent or the purchase of uniforms for 
 the rank and file of the active members of his company, or to 
 such purposes as may be authorized by the by-laws of said 
 company ; and the commanding officer of every company shall, 
 on or 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 honorar}'^ 
 member shall be entitled to receive a certificate of honorary 
 membership of the company, to be signed as aforesaid, and 
 bearing date at the time of its issue; which certificates of 
 membership, whether of uniformed and active members or of 
 honorary members, shall exempt the person therein named 
 from jury duty for the period of one. year from the date of his 
 said certificate; provided, he files his said certificate with the 
 clerk of the court before the drawing of the jury. 
 
 JUSTICES OF THE PEACE AND CONSTABLES. 
 
 623. The Governor, by and with the advice and consent of 
 the Senate, shall appoint seven Justices of the Peace from the 
 first legislative district of Baltimore City, one from each of the 
 wards thereof, and three Justices of the Peace at large from 
 said dii'trict; seven Justices of the Peace from the second 
 legislative district of Baltimore City, one from each of the 
 wards thereof, also five Justices of the Peace at large from said 
 second legislative district; eight Justices of the Peace from the 
 third legislative district of Baltimore City, one from each of the 
 wards thereof, and five Justices of the Peace at large from said
 
 225 
 
 disti'ict; and twelve Justices of the Peace from the City of 
 Baltimore at large, who shall be appointed from such ward or 
 wards as the Governor may elect or determine. 
 
 624. Each of said Justices of the Peace before entering 
 upon the duties of his office shall give to the State of Maryland 
 a good and sufficient bond, with a surety or sureties to be 
 approved by the Judge of the Superior Court of Baltimore 
 City, in the penalty of five thousand dollars, with conditions 
 that he will truly and faithfully discharge, execute and perform 
 all and singular the duties and obligations of the office of 
 Justice of the Peace, and that he will account for and pay over 
 to the Clerk of the Court of Common Pleas and to the Register 
 of the City of Baltimore, respectively, all fines, penalties and 
 forfeitures, or the portion thereof which he is bound to account 
 for and pay over to said resjoective officers, and that he will 
 faithfully and truly account for and pay over to the person or 
 corporation entitled to receive the same, all money belonging 
 to such person or corporation which may come into his hands 
 as such Justice of the Peace. 
 
 625. The Justices of the Peace for said City shall keep 
 their places of official business open each and every day 
 (Sunday excepted), from the hour of eight o'clock in the fore- 
 noon until one o'clock in the afternoon, and from three o'clock 
 in the afternoon until six o'clock in the afternoon. 
 
 626. No Justice of the Peace, in any case of debt or 
 damages whatever, shall issue a summons, except on applica- 
 tion for the same by the plaintiff or his attorney in person, or 
 in writing accompanied with the cause of action in said case ; 
 nor an execution, except upon the order, in person or in writ- 
 ing, of the plaintifl^ or his attorney ; and if any Justice of the 
 Peace for said City shall issue a summons or execution contrary 
 hereto, or if any constable shall serve the same knowingly, 
 such Justice or constable shall be liable to indictment in the 
 Criminal Court of Baltimore, and on conviction shall be dis- 
 qualified from holding his office. 
 
 627. Every writ of replevin or summons issued by said 
 Justice shall be made returnable before the same or any Justice 
 of the Peace of the ward in which the defendant may reside, 
 and the defendant shall have his election to have his case tried 
 before the Justice who issued the writ of replevin or summons, 
 or before the Justice of the ward in which he resides. 
 
 15
 
 9 op, 
 
 628. The Justices of said City when called out of their 
 offices on business not judicial, may receive such compensation 
 for their services, in addition to their fees of office, as the party 
 requiring their services may allow them. 
 
 629. Each of the Justices of the Peace appointed for any 
 legislative district shall keep his office within the limits of the 
 legislative district for which he may have been appointed, 
 except as provided in the succeeding section. 
 
 630. It shall be the duty of the Governor, after the appoint- 
 ments of the Justices of the Peace, provided for in section 623, 
 to select from the Justices of the Peace so appointed, a Justice 
 of the Peace to sit at each station house in the City of Balti- 
 more, and in addition, one Justice of the Peace to act at such 
 times and places as hereinafter provided for ; each Justice so 
 selected, shall keep his office at the station house for which 
 he was appointed, and shall attend at such station house from 
 nine o'clock A. M. until twelve o'clock M., in every day in the 
 week, except Sunday, and from two o'clock P. M. until four 
 o'clock P. M., in every day, except Sunday; and on every Sun- 
 day in each year, shall attend at the station house for which 
 he was appointed, from nine o'clock A. M. until eleven o'clock 
 A, M. ; and at each of said respective sittings, hereinbefore 
 provided for, shall perform all the duties which he is required 
 by law to perform ; the attendance at any station house of the 
 additional Justice of the Peace shall be regulated and con- 
 trolled by the Board of Police Commissioners for the City of 
 Baltimore or by the State's Attorney for Baltimore City ; the 
 said respective Justices of the Peace, as selected, to sit at any 
 station house in the City of Baltimore, shall transact no other 
 business at such station house, except the business required of 
 them by the seven preceding sections to be by them, respect- 
 ively, performed at each station house. 
 
 631. Where there is an arrest by an officer of the Police 
 Department in the City of Baltimore of any person for viola- 
 tion of an ordinance of the Mayor and City Council of Balti- 
 more or a statute of the General Assembly of the State of 
 Maryland, punishable by fine and not by imprisonment, during 
 the hours when the Police Magistrates are not at their 
 respective station houses, the police captain, lieutenant or 
 other officer on duty and in charge of such station is hereby 
 authorized and empowered to release for the next hearing
 
 227 
 
 before the Police Magistrate any person so arrested upon a 
 deposit of an amount equal to the fine or costs or penalty imposed 
 if found guilty, as surety for such appearance, and after the 
 hearing the deposit is to be returned to the depositor if the 
 complaint is dismissed, if otherwise it is to be appropriated 
 as designated by law. 
 
 632. It shall be the duty of each Justice of the Peace so 
 selected to sit at any station house in the City of Baltimore to 
 hear all charges made against any person because of the alleged 
 commission by such person of any criminal ofience ; it shall 
 be the duty of said Justices to examine carefully into every 
 such charge, to the end that while justice shall be done, no 
 person shall be subjected to costs or imprisonment without 
 sufficient cause ; each of the said Justices of the Peace shall 
 have power to hear, try and determine the case of every person 
 who may be arrested and brought before him in the said City 
 of Baltimore, charged with being a tramp, who is or may be 
 punishable as such under sections 275 and 276 of Article 
 27 of the Code of Public General Laws, title "Crimes and 
 Punishments ; " and to hear, try and determine the cases of all 
 persons arrested and brought before him charged with any 
 offence specified in sections 67 and 68 of the same Article, or 
 in sections 881 to 884 of this Article, relating to "Vagrant 
 Children;" and to hear, try and determine the cases of all 
 persons brought before him charged with assault or with assault 
 and battery; and to hear, try and determine all charges of 
 carrying concealed weapons, and all prosecutions or criminal 
 proceedings for an act done or omitted to be done in the City 
 of Baltimore, the doing of which act or the omission to do 
 which act, which is or may be punishable under any Act of 
 Assembly of this State or under any ordinance of the Mayor 
 and City Council of Baltimore, by pecuniary fine only not 
 exceeding one hundred dollars ; but it shall be the duty of the 
 said Justice, before proceeding to hear, try and determine any 
 of the charges aforesaid, to inform the party or parties charged 
 therewith of his or their respective right to a jury trial ; and 
 if a jury trial be so prayed, or if the State's Attorney for said 
 City shall before trial for the alleged offence pray a jury trial 
 on the part of the State, the Justice shall forthwith commit or 
 hold the party to bail for trial in the Criminal Court of 
 Baltimore and endorse on the commitment or recognizance the 
 fact of a jury trial having been prayed ; it is, however, hereby 
 expressly provided that the said Justices shall not have power to
 
 228 
 
 try and determine any violation of the Code of Public General 
 Laws of this State relating to licenses, except violations of the 
 laws relating to hawkers and peddlers, which they shall have 
 jurisdiction to try and determine, and shall not have power to 
 try and determine any violations of the laws relating to Sab- 
 bath-breaking, but shall cause all such offenders against the 
 said provisions of said Code of Public General Laws, except 
 as aforesaid, to be committed or held to bail for trial in the 
 Criminal Court of Baltimore. 
 
 633. In all criminal prosecutions or proceedings which, 
 under the provisions of the preceding section, may be heard, 
 tried and determined before a Justice of the Peace sitting at a 
 station house in the City of Baltimore, it shall be the duty of 
 such Justice of the Peace before whom such case is tried, in 
 the event of the conviction of the accused at the said trial, to 
 impose upon the said accused so convicted, the fine, or the fine 
 and punishment perscribed in case of such conviction by the 
 Act of Assembly of this State, or by the ordinance of the 
 Mayor and City Council of Baltimore, for the violation of which 
 the accused was so tried. Any person sentenced to the payment 
 of any fine, and to the payment of the costs of his prosecution, 
 who shall not forthwith pay the said fine and the costs of said 
 prosecution, shall be committed by such Justice of the Peace 
 to the jail of Baltimore City until such fine and costs are paid, 
 or until the said person shall be discharged from such jail by 
 due course of law. 
 
 634. When a person charged with any offence referred to 
 in this sub-division of this Article, or the State's Attorney, 
 shall pray a jury trial, the Justice of the Peace shall, in 
 addition to his duties prescribed in section 632, endorse upon 
 said commitment or recognizance the names and residences of 
 the witnesses for the prosecution ; and such commitment or 
 recognizance so endorsed shall be returned forthwith to the 
 Clerk of the said Criminal Court of Baltimore. 
 
 635. The Justice of the Peace, so selected to sit at any 
 station house, may be changed from time to time by the 
 Governor, at his discretion, and any other Justice of the Peace 
 may be selected by the Governor to perform the said duties at 
 said station house.
 
 229 
 
 636. Each Justice of the Peace selected to sit at a station 
 house in the City of Baltimore shall receive the sum of one 
 hundred and seventy-five dollars per month, or a proportionable 
 part thereof, so long as he shall continue to act at a station 
 house in said City, under the selection of the Governor ; which 
 sum of money shall be paid to him by the City Register at 
 the end of each month of his said service, or a proportionable 
 part thereof, at the end of any portion of a month at which 
 the service of such Justice of the Peace at said station house 
 may terminate, upon the certificate of the Board of Police 
 Commissioners of Baltimore City, that such service has been 
 rendered under the appointment of the Governor as aforesaid ; 
 and no Justice of the Peace selected for a station house shall 
 be permitted to charge any fee, or receive any gratuity for 
 granting any release, or for the performance of any duty 
 required by law. 
 
 637. If any Justice of the Peace who has been selected as 
 aforesaid to sit at any station house in the City of Baltimore 
 is unable, by reason of sickness or other unavoidable cause, to 
 attend to his duty at said station house, or fails to attend at 
 said station house, at any time, when his presence is there 
 required, it shall be the duty of the Board of Police Com- 
 missioners of Baltimore City to require another Justice of the 
 Peace to perform the duties at said station house, of the said 
 Justice of the Peace so sick or absent ; and it shall be the 
 duty of the Justice of the Peace so required to perform said 
 duties at said station house, to perform the same so long as 
 may be necessary, or until the Governor shall select another 
 Justice to perform said duties ; the Justice of the Peace so 
 required to perform said duties at said station house, by the 
 said Board of Police Commissioners, in place of the Justice 
 selected by the Governor, shall receive six dollars per day for 
 every day he shall actually serve at such station house ; which 
 pay shall be deducted from the pay provided to be paid to the 
 Justice selected to sit at such station house and failing to attend ; 
 provided, that said pay of the said Justice who may sit in the 
 absence of the Justice so selected to sit at any station house, 
 shall not be deducted from the pay of the said last-named 
 Justice, if the said Board of Police Commissioners shall certify 
 that such absence was by reason of his necessary attendance 
 upon any court or Justice of the Peace of said State, under its 
 process, nor when such absence shall not exceed fifteen days in 
 the course of any one year, and when the said Board of Police
 
 230 
 
 Commissioners shall certify that such last-named absence, not 
 exceeding fifteen days, as aforesaid, was occasioned by sickness 
 or other unavoidable cause. 
 
 638. The said station-house Justices are granted a leave of 
 absence, with pay, for fifteen days during each and every year ; 
 and the Board of Police Commissioners are authorized to 
 designate one of the civil magistrates to act in their place 
 during said absence, who shall be paid the same as the station- 
 house Justices receive. 
 
 639. No Justice of the Peace appointed under the provisions 
 of section 623 shall be paid by the City of Baltimore any fee 
 for issuing any State writ, or for any search warrant, or for 
 taking the recognizance of any witness, or for taking any recog- 
 nizance in any case reported to court, or for any commitment 
 or release, or for issuing any subpoena in any criminal case, or 
 in any case instituted to recover any fine, penalty or forfeiture 
 claimed by the State of Maryland, or by the Mayor and City 
 Council of Baltimore ; and no police officer or constable shall 
 be paid by the Mayor and City Council of Baltimore any fee 
 for the service of any subpoena or process in any criminal case, 
 before any Justice of the Peace, or for service of any subpoena 
 or process in any case pending before any Justice of the Peace, 
 for the recovery of any fine, forfeiture or penalty by the State 
 of Maryland or by the Mayor and City Council of Baltimore. 
 
 640. It shall be the duty of the officers of police, police- 
 men and detectives appointed by the Board of Police Commis- 
 sioners of Baltimore City, to serve and execute any and all 
 writs, warrants, subpoenas and commitments, which may be 
 issued by any Justice of the Peace selected to sit at the station- 
 houses in the City of Baltimore as hereinbefore provided, 
 
 641. Whenever any Justice of the Peace appointed under 
 the provisions of this sub-division of this Article other than 
 one of the Justices selected as aforesaid to sit at a station 
 house as aforesaid, shall issue a State writ for the arrest of any 
 person, or shall issue any writ or summons against any person 
 or corporation to recover any fine, penalty, or forfeiture, under 
 any law of this State, or under any ordinance of the Mayor 
 and City Council of Baltimore, such writ or summons shall be 
 made returnable before one of the Justices of the Peace selected
 
 231 
 
 by the Governor to sit at a station house in the City of Balti- 
 more, and shall not be made returnable before the Justice of 
 the Peace issuing the same, unless he be one of the Justices 
 of the Peace selected to sit at a station house as aforesaid. 
 
 642. Whenever any person shall be arrested upon any 
 criminal charge, or for the violation of any law of this State, 
 or of any ordinance of the Mayor and City Council of Balti- 
 more, it shall be the duty of the police officer or constable 
 making such arrest, or in whose custody the said person so 
 arrested may be, to take the person so arrested before the 
 Justice of the Peace sitting at a station house who may have 
 issued the writ or warrant for such arrest, or before whom such 
 writ or warrant of arrest is made returnable ; but if such arrest 
 is made without writ or warrant, or if such writ or warrant is 
 made returnable before another Justice than a Justice of the 
 Peace sitting at a station house, it shall be the duty of the said 
 police officer or constable to take the person so arrested to the 
 nearest station house; and the Justice of the Peace sitting at 
 said station house shall take jurisdiction in said case. 
 
 643. Every Justice of the Peace appointed under the pro- 
 visions of this sub-division of this Article, shall file with the 
 Clerk of the Court of Common Pleas, on the first day of April, 
 July, October and January, in each and every year, an account 
 verified by his oath or affirmation, of all fines, forfeitures and 
 penalties imposed by him under the laws of this State, during 
 the three preceding months ; which said account shall show the 
 names of the respective defendants, the Acts of Assembly under 
 which said fines, forfeitures and penalties were respectively 
 imposed, and the amounts paid in each case by the said respec- 
 tive defendants ; and the said Justice of the Peace, at the time 
 of filing said account, shall pay over to the said clerk the 
 amount of said fines, penalties and forfeitures so received, or 
 the portion thereof to which the State of Maryland is entitled, 
 to be accounted for by said clerk as other moneys of the State 
 are accounted for by him. 
 
 644. Every Justice of the Peace appointed under the pi-o- 
 visions of this sub-division of this Article shall file with the 
 City Register, on the first day of April, July, October and 
 January in each and every year, an account verified by his 
 oath or affirmation, of all fines, forfeitures and penalties 
 imposed by him under the ordinances of the Mayor and City
 
 232 
 
 Council of Baltimore during the three preceding months ; 
 which said accounts shall show the names of the respective 
 defendants, the ordinances under which said fines, penalties 
 or forfeitures were, respectively, imposed, and the amounts 
 paid in each case by said respective defendants ; and the said 
 Justice of the Peace at the time of filing said account shall 
 pay over to the said Register the amount of said fines, penal- 
 ties and forfeitures so received, or the portion thereof to which 
 the Mayor and City Council of Baltimore is entitled to be 
 accounted for by said Register as other moneys of the said 
 City are accounted for by him. 
 
 645. If any justice of the Peace shall not have imposed 
 or received any such fines, forfeitures or penalties, or any 
 portion thereof, as are mentioned and described in the said 
 two preceding sections, in the said three months preceding the 
 time hereinbefore prescribed for filing said accounts, he shall 
 file an aflidavit or afiirmation to that efiect at the time pre- 
 scribed for filing said accounts. 
 
 646. All costs paid to any Justice of the Peace sitting at 
 any station house shall be accounted for and paid by said Jus- 
 tice to the Board of Police Commissioners of Baltimore City, 
 to be by them applied as directed by section 750 of this sub- 
 division of this Article. 
 
 647. It shall not be lawful for the Justice of the Jeace of 
 the City of Baltimore to take supersedeas of any judgment 
 recovered in the Court of Common Pleas, the Superior Court 
 of Baltimore City, or Baltimore City Court, or any decree of 
 the Circuit Court or Circuit Court Number Two of Baltimore 
 City, but such supersedeas shall be taken by the clerks of said 
 courts, respectively. 
 
 648. If a Justice of the Peace in Baltimore Citv dies, 
 resigns or is removed, his docket and papers shall be delivered 
 to the Clerk of the City Court within thirty days thereafter. 
 
 649. If any Justice of the Peace or constable appointed 
 under the provisions of this sub-division of this Article be 
 convicted in a court of law, of any misdemeanor in office, his 
 removal from said office shall be part of the sentence or judg- 
 ment pronounced upon him by the said court. No constable 
 shall deputize any person to act in the service of any writ 
 whatever for or in his behalf.
 
 233 
 
 LANDLORD AND TENANT. 
 
 650. lu all cases of any demise or agreement for rental, 
 express or implied, verbal or written, hereafter to be made of 
 lands or tenements, whether real estate or chattels real, within 
 the limits of the City of Baltimore, for less term than three 
 calendar months, the remedy of distress for rent due be and 
 the same is hereby taken away and altogether superseded. 
 
 651. Whenever the tenant under any such demise or agree- 
 ment of rental, express or implied, verbal or written, of lands 
 or tenements, whether real estate or chattels real within the 
 limits of the City of Baltimore, shall fail to pay the rent there- 
 under when due and payable, it shall be lawful for the lessor 
 to have again and re-possess the premises so rented. 
 
 652. Whenever any lessor shall desire to have again and 
 re-possess any premises to which he is entitled under the pro- 
 visions of the preceding section, he, or his duly qualified agent 
 or attorney, shall make his written complaint under oath or 
 affirmation, before any Justice of the Peace of the City of 
 Baltimore, and describing therein in general terms the property 
 sought to be had again and re-possessed as aforesaid, and also 
 setting forth the name of the tenant to whom the same is 
 rented, or his assignee or under tenant or tenants, with the 
 amount of rent thereon due and unpaid ; and praying by 
 warrant to have again and re-possess the premises, together 
 with judgment for the amount of rent due and costs ; and it 
 shall thereupon be the duty of said Justice of the Peace forth- 
 with to issue his summons, directed to any constable of the 
 City of Baltimore, and ordering him to notify said tenant, 
 assignee or under tenant forthwith to appear before the said 
 Justice of the Peace, at the trial to be held on the second day 
 after the filing said complaint, to show cause why the prayer 
 of said lessor should not be granted as aforesaid, and the said 
 constable shall forthwith proceed to serve said summons upon 
 said tenant, assignee or under tenant in said premises, or upon 
 his or their known or authorized agent, but if for any reason, 
 neither said tenant, assignee or under tenant, nor his or their 
 agent can be found, then said constable shall affix an attested 
 copy of said summons conspicuously upon said premises, and 
 such affixing of said summons shall, for the purposes of this 
 sub-division of this Article, be deemed and construed a suffi- 
 cient service upon all persons whomsoever.
 
 234 
 
 653. If at the trial on the second day aforesaid, the Justice 
 of the Peace shall be satisfied the interest of justice will be 
 better served by an adjournment to enable either party to pro- 
 cure his necessary witnesses, he may adjourn the trial for a period 
 not exceeding one day, except by consent of all parties, and if 
 at said trial or due adjournment thereof as aforesaid, it shall 
 appear to the satisfaction of the Justice of the Peace before 
 whom said complaint has been made and tried as aforesaid, 
 that the rent or any part of the rent for said premises is 
 actually due and unpaid, then the said Justice of the Peace 
 shall give judgment in favor of said lessor for the amount of 
 rent found due, with costs of suit, and shall order that said 
 tenant and all persons claiming or holding by or under said 
 tenant shall yield and render up possession of said premises 
 unto said lessor, or unto his duly qualified agent or attorney 
 within two days thereafter; provided, however, that if the said 
 tenant, or some one for him, shall at said trial or due adjourn- 
 ment thereof as aforesaid, tender the rent found to be due and 
 unpaid, together with the costs of said suit, the said complaint 
 shall be entered satisfied and no further proceedings shall be 
 had thereunder. 
 
 654. In case judgment shall be given in favor of said lessor 
 in the manner aforesaid, and the tenant shall fail to comply 
 with the requirements of the said order within two days afore- 
 said, the said Justice of the Peace shall, on or at any time after 
 the expiration of said two days, issue his warrant, directed to 
 any constable of the City of Baltimore, that the lessor may 
 elect, ordering him to cause said lessor to have again and re- 
 possess said premises by putting him (or his duly qualified 
 agent or attorney for his benefit) in possession thereof, and for 
 that purpose to remove from said premises, by force if neces- 
 sary, all the furniture, implements, tools, goods, efiects or 
 other chattels of every description whatsoever belonging to said 
 tenant, or to any person claiming or holding by or under said 
 tenant. 
 
 655. The tenant may appeal from the judgment of the Jus- 
 tice of the Peace to the Baltimore City Court, at any time with- 
 in two days from the rendition of such judgment ; the tenant 
 in order to stay any execution of the judgment, shall give a 
 bond to the landlord with one or more securities, who are owners 
 of sufiicient leasehold or real estate in Baltimore City, with 
 condition to prosecute the appeal with eflect, and answer to the
 
 235 
 
 landlord, his executors, administrators, in all costs and damages- 
 mentioned in the judgment, and such other damages as shall 
 be incurred and sustained by reason of said appeal ; the afore- 
 said bond shall not affect in any manner the right of the lessor 
 to proceed against said tenant, assignee or under tenant for any 
 and all rents that may become due and payable to the lessor 
 after the rendition of said judgment. 
 
 656. The fee and charges of the Justice of the Peace and 
 constables under this Article shall be the following and no 
 other : " First costs," to the Justice of the Peace for preparing 
 the written complaint and taking the affidavit of the plaintiff 
 thereto, twenty-five cents, and for issuing the summons to the 
 tenant and preparing attested copy, twenty-five cents ; " second 
 costs," for every judgment rendered where there is no trial, 
 twenty-five cents ; for every judgment rendered on trial, fifty 
 cents, and ten cents additional for every witness sworn or 
 examined; "third costs," for preparing and taking the bond of 
 tenant in case of appeal, twenty-five cents ; for the warrant for 
 re-entry (in case it be issued), twenty-five cents ; "first costs," 
 to the constable for serving the summons, forty cents ; "second 
 costs," for executing the warrant for re-entry, one dollar ; and 
 any Justice of the Peace or constable who shall charge or 
 receive more than the actual fees prescribed for each specific 
 act performed as the case proceeds, shall be deemed guilty of 
 a misdemeanor, and on conviction thereof shall be subject to 
 and pay a fine or penalty of not less than one hundred dollars 
 or more than three hundred dollars for each offence, one-half 
 thereof for the use of the State, and the other half thereof to 
 the person that shall first prefer the charge against such 
 offender. 
 
 LEGISLATIVE DISTRICTS. 
 
 657. The First Legislative District of Baltimore City shall 
 be and consist of the wards numbered from one to eight, both 
 inclusive, as said wards were laid out and numbered under the 
 provisions of the Act of 1898, chapter 10, approved February 
 19, 1898; the Second Legislative District of Baltimore City 
 shall be and consist of the wards numbered from nine to sixteen, 
 both inclusive, as said wards were laid out and numbered 
 under the provisions of the Act of 1898, as aforesaid ; and the 
 Third Legislative District of Baltimore City shall be and con- 
 sist of the wards numbered from seventeen to twentv-four, 
 both inclusive, as said wards were laid out and numbered 
 under the provisions of the Act of 1898, as aforesaid.
 
 286 
 
 LICENSES. 
 
 Billiards. 
 
 658. A license maj be granted to any person who may applj 
 for permission to keep a billiard table, for which license there 
 shall be paid the sum of fifty dollars, and for every additional 
 billiard table kept by the same person, he shall pay a license 
 of twenty-five dollars ; provided, that all said additional tables 
 shall be kept in the same apartment; and provided, that this 
 section shall not apply to any billiard table kept for private 
 use. 
 
 659. Any person keeping or exhibiting for use a billiard 
 table, without first obtaining a license therefor, shall for each 
 and every table so kept or exhibited, forfeit and pay the sum 
 of five hundred dollars, one-half to the informer and the other 
 half to the State. 
 
 660. Nothing contained in the two preceding sections shall 
 impair the right of the Mayor and City Council of Baltimore 
 to impose a further tax on billiard tables. 
 
 Horse Dealers. 
 
 661. It shall not be law^ful for any person, copartnership, 
 firm, corporation, joint stock company, brokers, commission 
 merchants, agents, factors or other association of persons, to 
 engage in or carry on the business, trade, occupation or calling 
 of bartering, buying, selling, exchanging or dealing in horses, 
 mares, geldings, jackasses, jennies or mules, either as an indi- 
 vidual, copartnership, firm, corporation, joint stock company, 
 commission merchant, agent, factor, broker, or other associa- 
 tion for said purpose, without first obtaining from the Clerk of 
 the Court of Common Pleas of Baltimore City a license for 
 carrying on said business, for which every such person, if he 
 desires to carry on said business individually, or if a firm or 
 association, composed of not more than two persons, or cor- 
 poration, shall pay the sum of fifty dollars ; provided, that all 
 the names and places of business of said persons so applying 
 shall be inserted in said license ; and if more than two indi- 
 viduals constitute and compose any such firm, copartnership, 
 joint stock company or association, then an additional sum of 
 twenty-five dollars shall be paid for each and every other indi- 
 vidual than the said two constituting such firm, copartnership,
 
 237 
 
 joint stock company or association, of individuals ; and jyro- 
 vided further, that the said business shall not be carried on in 
 any of the streets, lanes and alleys of the City of Baltimore. 
 
 662. Any person, and the individual members of any 
 copartnership or firm, the stockholders of any Joint stock 
 company or corporation, and any commission merchant, 
 agent, factor, broker, or the individuals of any other associa- 
 tion of persons so engaged in or carrying on the business, 
 trade, occupation or calling of bartering, buying, selling, 
 exchanging or dealing in horses, mares, geldings, jackasses, 
 jennies or mules, who or which shall violate any of the pro- 
 visions of the preceding section, shall be liable to indictment 
 therefor, and upon conviction thereof shall be fined one hun- 
 dred dollars for each and every offence, one-half thereof for the 
 use of the State and the other half thereof to the informer ; 
 provided, however, that nothing contained in this or the pre- 
 ceding section shall be construed to prevent breeders and 
 owners of horses, mares, geldings, jackasses, jennies or mules, 
 and owners residing in the counties of this State and doing 
 business elsewhere than in the City of Baltimore, and all 
 owners who do not follow the business, trade, occupation or 
 calling of buying, vending, bartering, exchanging or dealing 
 in horses, mares, geldings, jackasses, jennies or mules, from 
 offering the same for sale, barter or exchange, or making sale 
 of, bartering or exchanging such horses, mares, geldings, 
 jackasses, jennies or mules, as they shall bring to the City of 
 Baltimore, without a license ; and nothing contained in this 
 or the preceding section shall be held to apply to regularly 
 licensed auctioneers in the City of Baltimore. 
 
 663. Any person or body corporate, owning or renting from 
 the owner or his agent, any building or enclosure within the 
 corporation limits of Baltimore City, and using the same in 
 buying, selling, trading, exchanging, bartering or dealing in 
 horses, geldings, mares or mules, or using the same in exhibit- 
 ing or exposing for sale, trade, exchange or barter, horses, 
 geldings, mares or mules, shall be deemed to be engaged in the 
 business, trade, occupation and calling of buying, selling, trad- 
 ing, exchanging, bartering and dealing in horses, geldings, 
 mares and mules, under the two preceding sections, and be 
 held liable for a violation of any of its provisions.
 
 238 
 
 Liquors and Intoxicating Di^inks. 
 
 664. It shall not be lawful for the Clerk of the Court of 
 Clomraon Pleas to issue license to any person to sell spirituous 
 or fermented liquors or lager beer at Mount Vernon factories, 
 or at any place within three-fourths of a mile thereof, or on 
 Madison avenue extended. 
 
 665. It shall not be lawful for the Clerk of the Court of 
 Common Pleas to issue license to any person to sell spirituous 
 or fermented liquors or lager beer at Woodberry factory, or at 
 any place nearer thereto than three-fourths of a mile in every 
 direction. 
 
 666. It shall not be lawful for the Clerk of the Court of 
 Common Pleas to issue license to any person t© sell spirituous 
 or fermented liquors or lager beer in any part of the following 
 district, to wit : In all that part of Baltimore City bounded 
 on the east by Mount Royal terrace, on the south by North or 
 Boundary avenue, on the west by Druid Hill avenue extended, 
 and on the north by Druid Hill Park. 
 
 667. No person shall offer for sale or keep for sale in the 
 City of Baltimore any intoxicating liquors, except as herein- 
 after provided, but this shall not apply to sales made by a per- 
 son under a provision of law requiring him to sell personal 
 property, nor to sales of liquors by wholesale, nor to sales by 
 the maker, brewer or distiller thereof, nor to sales by bottlers 
 of fermented liquors, nor to be dinink on the premises ; save 
 and except as hereinafter specially provided in reference to 
 wholesale dealers and jobbers, brewers, distillers and bottlers, 
 in section 688, wherein the rights and duties of said classes 
 of persons are set forth and defined. Wherever the term 
 intoxicating liquors is used in this sub-division of this Article, 
 it shall be deemed to include whiskey, brandy, rum, gin, wine, 
 ale, beer and all other fermented and distilled liquors, and 
 every mixture of liquors which shall contain more than two 
 per cent, by weight of alcohol, and every mixture of liquors 
 which shall contain less than two per cent, of alcohol if the 
 same shall be intoxicating. Nothing in this sub-division of 
 this Article shall be construed to authorize the sale of any 
 intoxicating liquor or any admixture thereof in any part of said 
 City where such sale is or shall hereafter be prohibited by 
 special law.
 
 239 
 
 668. The Governor, by and with the advice and consent of 
 the Senate, shall appoint three persons who shall constitute a 
 Board of Liquor License Commissioners for Baltimore City, who 
 shall hold office for two years, and until their successors are 
 appointed and qualified; and their duties shall be such as 
 hereinafter prescribed ; provided, however, that the Liquor 
 License Commissioners appointed in April, eighteen hundred 
 and ninety, shall continue in office until the expiration of the 
 term for which they were appointed. 
 
 669. Said Board shall appoint such clerk or clerks and 
 counsel as the proper transaction of the business of the Board 
 shall require ; and shall keep a full record of all applications 
 for license, of all recommendations for and remonstrances 
 against the granting of licenses, and their action thereon ; and 
 the vote of the members of said Board, by yeas and nays, shall 
 be taken on the question of granting or refusing every applica- 
 tion for license, and said records of said Board shall at all 
 suitable times be open to the inspection of the public ; all 
 necessary books and stationery shall be furnished by the Mayor 
 and City Council of Baltimore, and all salaries and expenses 
 incident to the business of the Board shall be paid by said 
 Mayor and City Council of Baltimore. 
 
 670. The said Board shall fix the salaries of all clerks and 
 counsel appointed by them for the performance of the duties 
 imposed by this sub-division of this Article ; any member of 
 said Board shall each receive a salary of two thousand dollars 
 annually, to be paid as the salaries of the officers of the City 
 of Baltimore are paid. 
 
 * ■ 
 
 671. No licenses to sell intoxicating liquors, other than by 
 wholesale traders, distillers, brewers, rectifiers and bottlers of 
 fermented liquors, shall be granted in the City of Baltimore 
 except by said Board, and only to citizens of the United States 
 of temperate habits and good moral character, who have 
 complied with the requisites of this sub-division of this 
 Article. 
 
 672. That all licenses to sell spirituous or fermented liquors 
 shall expire on the first day of May next ensuing the date of 
 their issue, and shall be issued for twelve or six months only, 
 and for no other periods of time ; all twelve months' licenses 
 shall be granted to begin only from the first day of May in the
 
 240 
 
 year of their issue, and all six months' licenses shall be granted 
 to begin only from the first day of November, and from no 
 other time, in the year of their issue ; and all applications shall 
 be filed before the first day of May or the fii'st day of November, 
 respectively ; provided, however, that for the twelve months' 
 licenses two hundred and fifty dollars shall be paid, and for the 
 six months' license one hundred and twenty-five dollars shall 
 be paid ; and provided further, that nothing in this section 
 shall be construed to aflect the transfer of licenses as now 
 provided in this law. 
 
 673. Every person applying for a license to sell intoxicating 
 liquors in said City shall file with the said Board his, her or 
 their petition for such license, and said Board shall cause 
 notification of said petition to be published three time in two 
 newspapers of general circulation in said City to be designated 
 by said Board, the first publication to be not less than fifteen 
 nor more than thirty days before the time fixed by the Board 
 for action on the said petition. 
 
 674. Said petition shall contain the name and residence of 
 the applicant, and how long he has resided there. 2d. The 
 particidar place for which a license is desired , designating the 
 same by street and number, if practicable, and if not, by such 
 other apt description as definitely locates it. 3d. The name 
 of the owner of the premises upon which the business licensed 
 is to be carried on. 4th. A statement that the applicant is a 
 citizen of the United States, and that it is necessarv for the 
 accommodation of the public that the place should be licensed. 
 5th. That the applicants have not, nor has any of them had a 
 license for the sale of intoxicating liquors in this State revoked,, 
 nor has been con\icted of any crime within one year preceding 
 the filing of said petition. 6th. That he or she will not 
 knowingly sell, or allow to be sold in the said house or on the 
 said premises any such liquors on Sunday or on election days, 
 or to minors at any time, or allow a minor to drink in said 
 house or on said premises ; that he or she will not keep, or 
 permit to be kept, a bawdy house in said house or on the said 
 premises, or the gathering together in or the visitation to said 
 house or premises of women for lewd or immoral purposes. 
 7th. This petition must be verified by the aflidavit of the 
 petitioner, made before a Justice of the Peace; if any false 
 statement is made in any part of said petition, the petitioner 
 or petitioners shall be deemed guilty of perjury, and upon
 
 241 
 
 indictment and conviction thereof, his license shall be revoked 
 and he shall be subject to the penalties provided by law for 
 that crime. 
 
 675. There shall be annexed to this petition a certificate 
 signed by at least ten respectable qualified voters residing or 
 doing business in the ward in which the petitioner asks to do 
 business, stating the residence or place of business of each 
 person, certifying and setting forth that they have been 
 acquainted with the petitioner or petitioners for (specfyin^ the 
 length of such acquaintance), that they have good reason to 
 believe that all the statements contained in the petition are true, 
 and they, therefore, pray that the prayer of said petition be 
 granted, and the license issue<l as prayed for. 
 
 676. The said Board snail publicly hear petitions from 
 residents of the ward or persons living or doing business in 
 the vincinity of the place for which license is prayed, in addi- 
 tion to that of the petitioner, in favor of, and remonstrance 
 against the granting of said license ; and in all cases shall 
 refuse the same, whenever, in the opinion of the said Board 
 such license is not necessary for the accommodation of the 
 public, or the petitioner or petitioners is or are not fit persons 
 to whom such license should be granted ; and if sufficient 
 cause shall at any time be shown, or proof be made to the said 
 Board, that the party licensed was guilty of any fraud in pro- 
 curing such license, or has violated any law of the State 
 relating to the sales of intoxicating liquor, the said Board 
 shall, after giving notice to the person so licensed, revoke said 
 license ; and the Criminal Court of the City may in like manner 
 revoke said license if the party should be convicted before it 
 of any such violation. 
 
 677. No license shall be issued to any person or persons 
 until he, she or they shall have paid the license fees provided 
 for in this sub-division of this Article. 
 
 678. If, after the notice and hearing provided for in this 
 sub-division of this Article, the said Board should decide to 
 grant the license prayed for, they shall notify the applicant of 
 such decision in writing, and the applicant shall thereupon pay 
 to the clerk of the Court of Common Pleas the sum of money 
 specified below, to wit : For a hotel or restaurant or other place 
 
 16
 
 242 
 
 in which distilled liquors or any admixture of distilled liquors 
 containing more than fifteen per cent, of alcohol, or fermented 
 liquors containing less than fifteen per cent, of alcohol, are 
 sold bj retail, by the drink, or in quantities or packages not 
 exceeding five gallons of any spii'ituous or fermented liquor 
 except lager beer, and not exceeding one keg of eight gallons 
 or less of lager beer, to be drunk on the premises or not, as 
 desired by the purchaser, the sum of two hundred and fifty 
 dollars ; and the clerk of the Court of Common Pleas shall 
 thereupon issue to applicants the license authorized to be 
 issued by said Board ; provided, that any hona fide retail grocer 
 who shall make application to said Board therefor, may be 
 licensed by said Board in their discretion, upon complying 
 with the conditions of this Act, to sell wines, spirituous and 
 fermented liquors, as aforesaid, in quantities or packages not 
 less than one pint, but in no case to be drunk on the premises, 
 and shall pay for such license the sum of two hundred and 
 fifty dollars a year, and in no case shall a license to sell intox- 
 icating liquors by the drink be granted to any person who 
 shall obtain a license to sell goods, wares or merchandise, 
 other than intoxicating liquors, upon the same premises where 
 such intoxicating liquors are licensed to be sold, but licensed 
 saloon-keepers may also sell tobacco and non-alcoholic bever- 
 ages ; provided, further, that no retail license shall be issued to 
 any distiller or brewer. 
 
 679. The whole of the money received b}' the Clerk of the 
 Court of Common Pleas for the licenses aforesaid, shall be 
 paid over quarterly by said Clerk of the Court of Common 
 Pleas to the State as now provided by law, and when so paid 
 over, the Comptroller of the Treasury shall draw his warrant 
 upon the Treasurer in favor of the Mayor and City Council of 
 Baltimore for three-fourths thereof, to be applied to the general 
 use of said City. 
 
 680. Every person receiving a license under this sub-divi- 
 sion of this Article shall frame his license under a glass, and 
 place the same so that it shall at all times be conspicuous and 
 easily read, in his chief place of making his sales, and no 
 license issued under this sub-division of this Article shall 
 authorize sales by any person who shall neglect this require- 
 ment.
 
 243 
 
 681. No licensee under the provisions of this sub-division 
 of this Article shall sell or furnish any intoxicating liquors at 
 any time to a minor, either for his or her own use, or for the 
 use of any other person, or to a drunkard, or to any person 
 whose parent, guardian, husband, wife or child shall have 
 given to such licensee a notice in writing, verified by affidavit, 
 that such person is of intemperate habits, and requesting such 
 licensee not to sell to him or her, or to a person visibly affected 
 by intoxicating drinks. 
 
 682. No licensee under this sub-division of this Article 
 shall sell or furnish to any person intoxicating liquors on any 
 days upon which elections are now or hereafter may be 
 required by law to be held ; nor on the Lord's Day, commonly 
 called Sunday, except that if the licensee is a hotel keeper he 
 may supply such liquors, to be drunk in their rooms or with 
 their meals, to ho^ia fide guests; nor between the hours of 
 twelve o'clock midnight and five o'clock A. M. at any time ; 
 nor, except in hotels, shall conduct his business in any place 
 to which an entrance shall be allowed other than directly from 
 a public traveled way; provided, however, that any licensed 
 dealer may, with the permission of the Board of Police 
 Commissioners at any hoiia fide entertainment of any society, 
 club or corporation, sell intoxicating liquors between such 
 hours as the Board aforesaid may designate in said permit. 
 
 683. Druggists and apothecaries shall not be required to 
 obtain license under the provisions of this sub-division of this 
 Article, but they shall not sell intoxicating liquors, nor com- 
 pound or mix any composition thereof, except upon the written 
 prescription of a regular physician ; nor more than once on 
 any one prescription of the physician ; and every druggist or 
 apothecary shall keep a book for the special purpose and enter 
 therein the date of every sale of intoxicating liquor made by 
 him, the person to whom sold, the kind, quantity and price 
 thereof, and the purpose for which it was sold, and such book 
 shall be at all times open to the said Board, or of any person 
 designated and authorized by them to make such inspection, 
 and shall be produced before such Board when required ; and 
 any failure to comply with the provisions of this section shall 
 render such druggist or apothecary so failing liable to the 
 same penalties as if he had sold intoxicating liquors without 
 a license.
 
 244 
 
 684. Any person who shall hereafter be convicted of selling 
 intoxicating liquors, or any admixture thereof, in the City of 
 Baltimore, without a license under the provisions of this sub- 
 division of this Article, shall be sentenced to pay a fine of not 
 less than five hundred dollars nor more than five thousand 
 dollars, or undergo imprisonment in the jail of said City, or in 
 the House of Correction of not less than three months, nor 
 more than twelve months, or to both fine and imprisonment, at 
 the discretion of the Court. 
 
 685. Any person having a license under the provisions of 
 this sub-division of this Article who shall hereafter be convicted 
 of violating an}" of the provisions of this suli-division of this 
 Article or of the conditions of his license, shall be subject to 
 a fine of not less than one hundred or more than five hundred 
 dollars ; and for any second oftence, whereof he shall be con- 
 victed, his license shall be vacated and revoked, and he shall 
 be subject to a fine of not less than five hundred nor more than 
 one thousand dollars, or to imprisonment in the jail or the 
 House of Correction for not less than three months, nor more 
 than twelve months, or to both fine and imprisonment at the 
 discretion of the Court. The license of any person who per- 
 mits minors to frequent or loiter about his place, or disreputable 
 or disorderly persons to make it a customary place of visitation 
 or resort, may be at any time, upon proof, revoked by the Crim- 
 inal Court of Baltimore City, or by said Board, the same person 
 shall not again be licensed within two years of the time of 
 such revocation. Nothing in this sub-division of this Article 
 shall be construed to repeal or modify any of the provisions 
 contained in, or the penalties imposed by any law of this State 
 forbidding or restricting the sale of intoxicating liquors on a 
 day on which elections are held. 
 
 686. Upon complaint or allegation by any qualified voter 
 of Baltimore City who shall give security for the cost of prose- 
 cution, that any license has been corruptly or knowingly issued 
 by said Board to any person who has not complied with the 
 provisions of this sub-division of this Article, it shall be the 
 duty of the State's Attorney to file in the Criminal Court of 
 Baltimore City an information against said Board and against 
 said licensee, and if it shall be found that such license was 
 improperly issued, said license shall be revoked, and the mem- 
 bers of said Board who voted in favor of issuing said license 
 shall in addition to the other penalties for malfeasance in office 
 be removed from said office.
 
 245 
 
 687. For tlie purpose of all hearings and inquiries which the 
 Board of Liquor License Commissioners are authorized to have 
 and make, they are hereby authorized to issue summons for 
 witnesses and administer to them oaths or affirmations, and 
 all summons so issued shall be served by the police force of 
 the City of Baltimore. If any witness so summoned shall 
 refuse or neglect to attend, or attending, refuse to testify, the 
 said Board shall report the facts to the Superior Court of 
 Baltimore City, which is hereby authorized and directed to 
 proceed by attachment against said witnesses in all respects as 
 if said neglect or refusal had been by witnesses summoned 
 to appear in said court in cases pending before it. 
 
 688. Distillers, brewers and wholesale dealers or jobbers 
 shall be allowed to sell spirituous and fermented liquors in 
 quantities or packages not less than one pint each, and in no 
 case to be drunk on the premises ; distillers and brewers shall 
 require no license ; wholesale dealers and jobbers shall be 
 entitled to receive a license as such, to sell as above stated and 
 not otherwise, upon applying directly to the Clerk of the Court 
 of Common Pleas, and paying to him the sum of two hundred 
 and fifty dollars a year therefor ; but any person, copartnership 
 or corporation (other than brewers, who, as hereinbefore stated, 
 require no license), may be licensed to conduct a bottling busi- 
 ness by selling fermented liquors only, and in quantities or 
 packages not less than twelve pint bottles, by applying 
 directly to the Clerk of the Court of Common Pleas, and 
 paying him the sum of forty dollars a year therefor ; any 
 person required by this section to take out a license, who 
 shall sell or offer for sale any intoxicating liquor without 
 having first procured such license, and any person who shall 
 violate any of the provisions of this section, as to the manner 
 or quantity in which he shall sell or offer for sale such liquors, 
 whether he shall be required to take out a license or not, shall 
 be deemed guilty of a misdemeanor, and upon conviction 
 thereof, shall be fined not less than two hundred and fifty 
 dollars nor more than five hundred dollars, in the discretion 
 of the court ; no license under this section shall be issued for 
 a longer period than one year ; if issued for a shorter period, 
 the licensee shall pay for every month for which his license is 
 to run, one-twelfth of the annual charge for such license, and 
 all such licenses shall expire on the first day of May succeed- 
 ing their issue ; the whole of the money received by the Clerk 
 of the Court of Common Pleas for the licenses aforesaid,
 
 246 
 
 shall be paid over quarterly by said Clerk of the Court of 
 Common Pleas to the State as now provided by law, and 
 when so paid over the Comptroller of the Treasury shall draw 
 his warrant upon the Treasurer in favor of the Mayor and 
 City Council of Baltimore for three-fourths thereof, to be 
 applied to the general use of said City. 
 
 689. No hotel keeper, or ordinary keeper, shall receive a 
 license to sell intoxicating liquors until he shall have first 
 paid for and received a license to keep a hotel or ordinary, as 
 provided by law. 
 
 690. Any holder of a license to sell intoxicating liquors at 
 retail, by the drink or otherwise, may be permitted by said 
 Board in their discretion to sell or assign said license to 
 another person, to be used at the same or another place of 
 business ; or to transfer his said license to another place of 
 business ; provided, that the fitness and propriety of said 
 intended purchaser or assignee, and of said intended new 
 place of business shall be first approved by said Board upon 
 due application therefor, recommendation by qualified voters^ 
 advertisement of same in newspapers, etc., as required in case 
 of an original application for such license. Such sale or 
 assignment or transfer when granted by said Board shall be 
 endorsed upon the license by the Clerk of the Court of Com- 
 mon Pleas, who shall be entitled to receive a fee of fifty cents 
 therefor, and the same shall then take effect. And whenever 
 the said Board may be satisfied that any license has been lost 
 or destroyed or that any licensee has transferred or assigned 
 his license to another person, and the said transfer or assign- 
 ment has been duly approved by the Board, in the manner 
 above provided for, and the original licensee withholds said 
 license from the person or persons to whom he has assigned 
 or transferred the same, and refuses to deliver or surrender 
 sajd license, the said Board shall have the power to revoke 
 and cancel said original license and to issue a duplicate license 
 in lieu thereof to such transferee upon the payment of the 
 aforesaid fee of fifty cents, without any additional license fee, 
 And if any license shall be in course of transfer for the same 
 place of business, the Board shall have the power in its dis- 
 cretion to issue a permit to the owner or transferee of such 
 license to conduct business thereunder until a duplicate license 
 caiijlbe. issued or said transfer duly effected. And the clerk of
 
 247 
 
 the Court of Cammon Pleas shall endorse upon such dupli- 
 cate license the word "Duplicate," together with the name of 
 the original licensee, as well as that of the transferee to whom 
 such duplicate is granted. And in the settlement of his 
 accounts with the Comptroller and Treasurer of the State of 
 Maryland, the said clerk of the Court of Common Pleas shall 
 be allowed for such duplicate licenses. 
 
 691. Every licensed dealer to whom the Board of Police 
 Commissioners for the City of Baltimore shall issue a permit 
 to sell intoxicating liquors at places of entertainment, as 
 authorized by section 682 of this Article, shall pay the said 
 Board of Police Commissioners one dollar for said permit, 
 the money so paid to go into the special fund of said Board. 
 
 Paivnhrokers. 
 
 692. AH pawnbrokers in the City of Baltimore shall keep 
 or cause to be kept, in a suitable book or books to be pro- 
 vided by them for that purpose, an accurate account showing 
 the date of each deposit made with them in the course of their 
 business, and of each purchase made by them in the course of 
 their business, of any and all personal property, so described 
 as to identify the said personal property so deposited or sold ; 
 and showing also the sum of money advanced thereon or paid 
 therefor, the time for which any such deposit was agreed to be 
 kept, and the name of the depositor or seller of such personal 
 property, and his place of business or abode ; and such entries 
 shall be made by such pawnbrokers immediately upon the 
 making of any such transaction ; such book, and the personal 
 properties so deposited or purchased, shall be subject at all 
 times to the inspection of such agent or officer as may be 
 designated for that purpose by the Mayor and City Council of 
 Baltimore, and also to the inspection of the Marshal of Police for 
 the City of Baltimore, and of such officer as he may designate 
 for that purpose ; and all pawnbrokers who shall omit, neglect 
 or refuse to provide and keep such book, or to enter therein 
 forthwith as aforesaid an account of all deposits made with and 
 purchases made by them, as aforesaid, with all the particulars 
 thereof, as hereinbefore required, or who shall enter incorrectly 
 in such book any such account of deposits made with them, or 
 purchases made by them, as aforesaid, or who shall refuse to 
 exhibit any of such books and properties so deposited or pur- 
 chased, if in their possession or under their control, upon
 
 248 
 
 demand of anv of the oificers empowered or authorized as 
 aforesaid to make such inspection, shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall be subject to 
 a fine of not less than twenty dollars, or an imprisonment of 
 not less than thirty days, or to both fine and imprisonment in 
 the discretion of the court. 
 
 693. Before any person or body corporate shall transact 
 the business of pawnbrokers in the Cit}' of Baltimore, he or it 
 shall first obtain from the Clerk of the Court of Common Pleas 
 in said City, a State's license authorizing him or it to carry on 
 such business in the said City, for which said license he or it 
 shall pay the sum of five hundred dollars, and in addition to 
 this, he or it shall file with said clerk a bond to the State of 
 Maryland, in the sum of ten thousand dollars, to be approved 
 by said clerk, for the faithful performance of the requirements 
 of this sub-division of this Article ; and any pawnbroker who 
 shall violate this section by failure to file such bond, or to 
 obtain the license as aforesaid, though continuing to transact 
 the business of a pawnbroker, shall be deemed guilty of a mis- 
 demeanor, and shall, on conviction thereof, be fined the sum 
 of five hundred dollars, or be imprisoned in the City Jail for 
 the term of six months, or both, in the discretion of the court. 
 
 3Ierchandise Brokers. 
 
 694. Any person or partnership applying for the same, and 
 paying the sum of eighteen dollars and seventy-five cents for 
 each individual or representative of such firm or partnership, 
 may obtain a license for carrying on the business of grain 
 broker, cofiiee broker, cotton broker, sugar broker, or merchan- 
 dise broker. 
 
 Real Estate Brokers. 
 
 695. Any person, copartnership or firm applying for the 
 same, and paying the sum of money herein provided, may 
 obtain a license for carrying on the business of real estate 
 broker in the City of Baltimore ; provided, that the names of 
 each and every person comprising any copartnership or firm 
 applying for such license shall be inserted in said license ; 
 provided, that the sum of money to be paid therefor as afore- 
 said shall be twenty-five dollars for the first two names inserted 
 in said license, and twenty -five dollars additional for each and 
 every name above two inserted therein.
 
 249 
 
 696. Any persou, copartnership or firm who shall carry on 
 the business of real estate broker, or shall undertake to act as 
 such real estate broker by public advertisement, sign or other- 
 wise, without such license first obtained, or who shall use or 
 attempt to use the license of another with intent to evade the 
 provisions of sections 695 to 699 of this Article, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall be 
 subject to and pay a fine or penalty of not less than two hun- 
 dred dollars nor more than five hundred dollars for each 
 offence ; one-half thereof for the use of the State, and the other 
 half thereof to the person or corporation that shall first prefer 
 before the Grand Jury the charge against such offender ; and 
 any person, copartnership or firm who shall directly or indi- 
 rectly act as a real estate broker, or shall undertake the buying 
 or selling of ground rents or other real estate, or of chattels 
 real, or the leasing of real estate or chattels real, or the nego- 
 tiation or sale of mortgage loans on real estate or chattels real, 
 or the collection of rents for others, with a view to reward or 
 compensation for such undertaking, shall be deemed to be 
 carrying on the business of real estate broker within the 
 meaning of said sections, and be subject to the fines or penal- 
 ties herein prescribed. 
 
 697. If any person who has obtained such license shall die 
 'or shall move from and cease to use and exercise the business 
 
 of real estate broker in the City of Baltimore, before the expi- 
 ration of the term in said license specified, the benefit of said 
 license for the unexpired term shall issue to and be continued 
 in his legal representative or assignee, upon application to the 
 proper clerk for that purpose, accompanied by the oath by the 
 party applying, made before a judge of a court of record and 
 endorsed on said license, that the person to whom said license 
 was originally granted is deceased, or has removed from and 
 ceased to use or exercise the said business in the said City. 
 
 698. Upon said application and aflidavit the clerk shall, bj 
 his endorsement on said license, authorize such legal repre- 
 sentative or assignee to use or exercise the business of such 
 real estate broker in said City for the unexpired term in said 
 license named. 
 
 699. No person, copartnership, association or firm, legal 
 representative or assignee, shall use or occupy at the same
 
 250 
 
 time more than one office or place of business for the transac- 
 tion of his or their business as such real estate broker, in said 
 City, unless a separate license be procured for each and every 
 such office or place of business, or for each and every branch 
 office where the business of said person, copartnership, asso- 
 ciation or firm as such real estate broker in said City is carried 
 on or located ; and any person who shall violate the provisions 
 of this section shall be deemed guilty of a misdemeanor, and 
 on conviction thereof, shall be subject to the same fine and 
 penalties as are imposed by the provisions of section 696 of 
 this Article ; but nothing herein shall be so construed as to 
 prevent any such person, copartnership, association or firm, 
 legal representative or assignee, from holding at the same time 
 with the license as real estate broker in said City, provided 
 for by section 695 of this Article, a license or licenses for any 
 other kinds of brokerage business permitted by the laws of 
 this State upon paying to the clerk the several sums by law 
 prescribed for such license or licenses. 
 
 700. The five preceding sections shall not apply to trans- 
 actions of attorneys at law with their clients ; but their pro- 
 visions shall nevertheless apply to all other persons who make 
 a business of brokerage or agency for others in transactions 
 in real estate, mortgage or chattels real, by solicitation, adver- 
 tisement, sign or otherwise, with a view to reward or compen- 
 sation for such business, whether the same be conducted under 
 the name of agent, property agent, broker, negotiator, financier, 
 dealer or any other name so as to evade the provisions of said 
 sections. 
 
 Duty of Sheriff and Clerk of Court. 
 
 701. It shall be the duty of the Sheriff of Baltimore City 
 annually, in the month of April, to make or cause to be made 
 an alphabetical list of the names of all persons or bodies cor- 
 porate or politic in each ward of the City of Baltimore who 
 shall be exercising, pursuing any business, or be doing any act 
 or thing, or shall be in the use or occupation of any house or 
 place for any purpose for which a license is made necessary by 
 this sub-division of this Article, and to return such list to the 
 Grand Jury of said City at as early a period as practicable after 
 the first day of May then next ensuing ; and the said Sheriff 
 shall, within the first week of the mouth of April, cause a 
 notice to be inserted in the daily papers of the City, cautioning 
 all persons and bodies corporate or politic whom it may con-
 
 251 
 
 cern, to obtain a license, or renew the same, on or before the 
 first day of May then next ensuing ; and said Sheriff shall be 
 entitled to receive fifty cents for every license obtained by any 
 person whose name shall be contained in the list so returned 
 by him, to be paid by the party applying for each license ; but 
 the failure of said Sheriff to give the notice herein directed shall 
 not excuse any neglect to obtain a license as required by the 
 Public General Laws. 
 
 702. There shall be entered in writing by the Clerk of the 
 Court of Common Pleas upon the face of all licenses obtained 
 by individuals, firms or corporations to conduct business as 
 trades in the City of Baltimore, the name of the street and 
 number of the house or building, or if there be no number, a 
 full designation of the location of said house or building for 
 which a license is applied for; and each license shall only 
 authorize the transaction of business in one house or building, 
 unless the individual, firm or corporation shall occupy more 
 than one adjoining houses or buildings, and said houses or 
 buildings have open, direct, internal communication with each 
 other ; in that case one license will cover transactions in said 
 adjoining houses or buildings so arranged and occupied ; pro- 
 vided, always, that any firm, individual or corporation may 
 obtain any number of licenses to conduct business in any 
 number of separate places of business in said City, upon pay- 
 ing for each license a sum graded according to the amount of 
 stock or merchandise generally kept on hand or proposed to be 
 kept on hand at the principal season of sale in said respective 
 places of business, according to the Code of Public General 
 Laws, Article 56, sections 37 to 49, or such amendments as may 
 hereafter be added thereto, 
 
 MAEINERS AND CHABITABLE MARINE SOCIETY OF BALTIMORE. 
 
 703. Whenever a mariner residing in or sailing to or from 
 the port of Baltimore shall depart this life intestate, and leaving 
 no relations within the fifth degree, to be reckoned by counting 
 down from the common ancestor to the more remote, the wlu^le 
 surplus estate of such mariner, after paying debts, funeral 
 expenses and cost of administration, shall devolve on and 
 become the property of the Charitable Marine Society of Bal- 
 timore. 
 
 MARI^TS. 
 
 704. If any person shall buy, or cause to be bought, any 
 kind of vegetables, dead meat, poultry, butter, cheese, tallow,
 
 252 
 
 eggs or fish, iu any of the markets of said City, or within ten 
 miles thereof, with an intent to sell the same again in such 
 markets, or City, or within two miles thereof, he shall for the 
 first offence forfeit the article, or the value thereof ; for the 
 second ofience, he shall forfeit the article and be fined four 
 dollars, and for every other ofience forfeit fifteen dollars, to be 
 recovered iu a summary way before a justice of the Peace ; 
 provided, that the purchasing of pork, beef and fish, by the 
 barrel or other package, butter in firkins, or other packages 
 not less than fift}' pounds, bacon or cheese by the quantity, by 
 any merchant or shop keeper, and selling the same again in his 
 store or shop, shall not be deemed or taken as an ofience against 
 this section. 
 
 705. Whenever any person shall be found exposing for sale 
 any of the articles enumerated in the preceding section, other- 
 wise than in his store or shop, and there shall be good cause 
 to suspect they have been purchased contrary to the provisions 
 of the preceding section, it shall be lawful for any person to 
 apply to a Justice of the Peace for a warrant to apprehend the 
 person so suspected, and the Justice shall have power to inquire 
 into the ofience ; and if the person suspected be convicted 
 thereof, or if he cannot make it appear to the satisfaction of 
 the Justice tliat he raised or made the articles ofiered by him 
 for sale, or is disposing of them on account of the person who 
 raised or made them, or that he bought the same ten miles or 
 upwards from the City of Baltimore, he shall be deemed to be 
 an offender against the provisions of the preceding section, and 
 the fines and forfeitures shall be recovered in a summary way 
 before the said Justice. 
 
 706. All butter sold by the pound iu the said markets shall 
 weigh sixteen ounces avoirdupois weight; and any person 
 bringing butter to the said markets and offering the same for 
 sale, of less weight than sixteen ounces avoirdupois, shall for- 
 feit the same, and it shall be seized and taken by the clerk of 
 the market and sold for the use of the City. 
 
 707. No charge, tax or fees shall be set, rated or levied 
 upon any person or the property of any person who shall 
 attend any of the markets of said City with any articles or 
 produce from the country, to vend in said markets, of his own 
 growth, produce or manufacture, or as the agent of the grower, 
 producer or manufacturer of the same, unless such person shall
 
 253 
 
 occupy some place or stand in some of said market-Louses ; 
 provided, such person or agent be not a resident of said City. 
 
 708. If any clerk of the market, or any other person or 
 officer appointed by or under the provisions of this Article, 
 shall demand, receive or collect any tax or other charges from 
 any person attending the markets of said City as provided in 
 the preceding section, who shall be standing in the open streets, 
 and who does not occupy any place or stand in the market, 
 he shall be liable to a fine of twenty dollars for each ofience, to 
 be recovered before any Justice of the Peace as small debts, 
 one-half to the informer and the other half to the State. 
 
 709. The City may agree with the owners of any land or 
 other property which it may deem expedient to purchase and 
 hold, for the purpose of extending any market; and if they 
 cannot agree, or if there be an incapacity in the owners to 
 contract in relation thereto, or if such owners be unknown or 
 out of the State, any Justice of the Peace for said City, on 
 application of the Mayor and City Council of Baltimore, may 
 issue his warrant to the Sheriff of said City, commanding him 
 to summon from the said City a jury of twenty freeholders, 
 inhabitants of said City, not related to the owners or persons 
 interested in the real estate or other property, to meet on the 
 premises on some certain day to be named in said warrant, of 
 which said warrant and the day therein named for the meeting 
 of the jury, five days' notice shall be given previous to such 
 day by the Mayor and City Council of Baltimore to every 
 owner or person interested, and left at his place of abode. 
 
 710. If any infant or lunatic or feme covert be the owner 
 in whole or in part of the property subject to be condemned, 
 the notice shall be given to his or her guardian, trustee, com- 
 mittee or husband, as directed in the preceding section. 
 
 711. If such owner, guardian, trustee, committee or hus- 
 band, resides out of the State, or is unknown, such notice shall 
 be published not less than eight weeks, successively, in some 
 one or more of the daily newspapers of said City. 
 
 712. The owner of such property, or the guardian, trustee, 
 committee or husband of the owner may, from the list of jurors 
 returned by the Sheriff, strike four, and the Mayor and City 
 Council of Baltimore, four, so that the number of jurors may
 
 254 
 
 be reduced to twelve; and if either party neglect or fail to 
 strike off the names of jurors, the Sheriff or his deputy shall 
 strike for the party so failing or refusing, 
 
 713. The Sheriff or his deputy shall, before the said jury 
 proceed to act, administer to each of the jurors an oath justly 
 and impartially to value the damages which the owners or 
 parties holding an interest in the property to be condemned 
 will sustain by the use and occupation thereof by the Mayor 
 and City Council of Baltimore. 
 
 714. The jury so qualified shall inquire into, assess and 
 ascertain the sum of money to be paid by the Mayor and City 
 Council of Baltimore for the land or other property to be con- 
 demned, having regard to all the circumstances of damage or 
 benefit to result to such owner or party interested therein. 
 
 715. The jury shall reduce their inquisition to writing, and 
 shall sign and seal the same, and it shall then be returned by 
 the Bherifi' to the Clerk of the Superior Court of said City, and 
 be by such clerk filed in his office, and shall be confirmed by 
 said court at its next session if no sufficient cause to the con- 
 trary be shown, and when confirmed shall be recorded by the 
 said clerk at the expense of the Mayor and City Council of 
 Baltimore. 
 
 716. If said inquisition be set aside by the said court, the 
 court shall direct another inquisition to be taken in the manner 
 hereinafter directed. 
 
 717. Every such inquisition shall describe the property 
 taken or the bounds of the land condemned, and the quantity 
 or duration of the interest in the same valued to the Mayor 
 and City Council of Baltimore ; and such valuation, when paid 
 or tendered to the owner of said property or his legal repre- 
 sentatives, shall entitle the Mayor and City Council of Baltimore 
 to the full, legal and equitable title, interest and estate of the 
 owners of said property, estate and interest in the same thus 
 valued, as fully as it had been held by the owners of the same ; 
 and the valuation, if not received when tendered, may at any 
 time thereafter be received without interest by the said owners, 
 or their legal representatives. 
 
 718. If the twenty jurors summoned as hereinafter directed 
 stall not appear at the time and place mentioned, the Sheriff
 
 255 
 
 or his deputy shall forthwith summon other freeholders of the 
 City, qualified as before directed, to make up the said jury to 
 the number of twelve. 
 
 719. The jurors summoned and attending shall be allowed 
 one dollar per day for their services ; the Sherifi" shall be allowed 
 the same fees as for summoning jurors to the Su])erior Court, 
 and two dollars a day for each day he or his deputy shall attend 
 upon such inquisition ; and such expenses shall be paid by the 
 Mayor and City Council of Baltimore, except in cases of objec- 
 tion to the confirmation of the inquisition, when the costs in 
 said court, may be awarded in the discretion of the court. 
 
 MORTGAGES. 
 
 720. In all cases of conveyances of lands or hereditaments 
 or of chattels real, or goods and chattels personal, situate in 
 the said City, wherein the mortgagor shall declare his assent 
 to the j)assing of a decree for the sale of the same, it shall be 
 lawful for the mortgagee or his assigns at any time after filing 
 the same to be recorded, to submit to either of the Circuit 
 Courts of Baltimore City the said conveyances or copies thereof, 
 under seal of the Superior Court ; and the Circuit Court to 
 which the same is so submitted, may thereupon forthwith decree 
 that the mortgaged premises shall be sold at any one of the 
 periods limited in said conveyances for the forfeiture of said 
 mortgages or limited for a default of the mortgagors, and on 
 such terms of sale as to the said court may seem proj^er, and 
 shall appoint by said decree a trustee or trustees for making 
 such sale, and shall require bond and security for the perform- 
 ance of the trust as is usual in cases of sales of mortgaged 
 premises. 
 
 721. The trustee or trustees so appointed, after having 
 given bond with security, may, after the arrival of the period 
 limited by the decree for a sale, sell, agreeably to the terms of 
 said decree, the mortgaged property or any part thereof; the 
 mortgagees, their executors, administrators or assigns, if the 
 mortgage claim shall have been assigned before such sale, or 
 their duly constituted agent or attorney, after the arrival of the 
 period aforesaid, verifying by their oath a statement of the 
 amount of said mortgage claim remaining due, before the Judge 
 of said court or before any Justice of the Peace of this State, 
 the ofiicial character of any Justice of the Peace for any county
 
 256 
 
 being certified under his official seal by the Clerk of the Circuit 
 Clerk for the county where the affidavit is made, where the 
 affidavit is made outside of the City of Baltimore, or before 
 any person outside of this State authorized to take acknowl- 
 edgments of deeds ; and such statement shall be filed in said 
 court. 
 
 722- Such sales and the conveyances thereupon shall have 
 the same efiect, if finally ratified by said court, as if the same 
 had been made under decrees between the proper parties in 
 relation to the mortgages, and in the usual course of said court. 
 
 723. The tnistee or trustees shall report the sales to the 
 court for its consideration and ratification or rejection; and 
 such orders shall pass therein touching such ratification as are 
 usual on sales of mortgaged property in said court. 
 
 724. Any allegations may be made, and proof under the 
 orders of the said court exhibited, and a trial of the allegations 
 had as the court shall prescribe, to show that the sales ought 
 not to have been made. 
 
 725. The said court, upon being satisfied of the truth of 
 said allegations, shall reject and set aside the sale, and in such 
 case no part of the costs or expenses or trustee's commission, 
 if any such commission be claimable, in relation to the said 
 sales, shall be chargeable upon said property, or the mort- 
 gagors, their heirs, executors, administrators or assigns, but 
 shall be wholly chargeable against the persons at whose 
 instance or for whose benefit the said sales shall have been 
 proposed to be made. 
 
 726. The clerk of said court shall file and record the said 
 decrees, and docket the cases of the application therefor ; and 
 in the said decree, and to be recorded therewith, shall file a 
 a copy of the mortgage upon which the same was rendered, 
 and shall be entitled to the usual fees for such services. 
 
 727. Any entry on the docket of said court by the person 
 entitled to assign the said mortgage claim, of the use and 
 benefit of said decrees, shall have the same efiect as assign- 
 ments and conveyances of the said mortgage interests, to have 
 efiect and precedence from the time of their respective entries ;
 
 257 
 
 and the said entries shall not be made without an order or 
 direction in writing, to be acknowledged before the Judge of 
 said court, or a Justice of the Peace, by the persons purport- 
 ing to sign the same, and filed and recorded by said clerk. 
 
 728. The duly authorized entries upon the docket of said 
 court, of the satisfaction of said decrees, and the discharge of 
 said mortgage claims, made by the persons entitled to receive 
 said claims, shall have the same effect to discharge the mort- 
 gaged property of said mortgagor, and all liens thereunder, as 
 any conveyances by the parties interested in such claims, and 
 the holders of the legal estate and interest therein, if com- 
 petent to convey, could have at law or in equity ; but such 
 entries shall not be made without an order or direction in 
 w^riting, acknowledged by the persons purporting to have 
 signed the same, before the Judge of said court, or a Justice 
 of the Peace, and filed by the clerk of said court ; and the 
 entries shall refer to such orders or directions, and the names 
 of the persons aforesaid ; and said order and directions shall 
 be recorded in said court with said decrees. 
 
 729. The said court may, at its discretion, from time to 
 time, appoint any other trustee or trustees in place of those 
 appointed by the decree ; and the proceeds of such sales shall 
 be accounted for, to, and distributed by, said court, in the 
 manner usual in cases of sales under decrees of said court. 
 
 730. Any mortgagee of property in the City of Baltimore, 
 his assignee or executor, where a power to sell is contained in 
 the mortgage, may proceed under Article 66 of the Public 
 General Laws, title " Mortgages," but notices of sale under 
 such power shall be published in two daily newspapers in said 
 City for the period required by law. 
 
 731. Where a default of the mortgagors has taken place 
 before the said conveyances have been submitted to the Circuit 
 Court of Baltimore City, it shall, nevertheless, be the duty of 
 said court, upon the submission of the said conveyances to 
 such court, after the said default, to forthwith decree that the 
 mortgaged premises shall be sold on such terms of sale as to 
 the said court shall seem proper, and to appoint by said decree 
 a trustee or trustees to make such sale, requiring bond and 
 security for the performance of the trust, as is usual in the 
 
 17
 
 258 
 
 case of the sale of mortgaged premises ; and the said trustee 
 or trustees may sell the same agreeably to the terms of the 
 said decree ; but before each sale the mortgagee or mort- 
 gagees, or some of the mortgagees, or the executor or admin- 
 istrator of a deceased mortgagee, or the assignee or assignees 
 of the mortgagee, or one of such assignees, or the executor, 
 or administrator of a deceased assignee, shall file in the court 
 in which the said proceedings are pending, a statement of the 
 amount of the said mortgage claim remaining due, verifying 
 the same by the oath or affirmation of the party filing the 
 same ; and the said affidavit or affirmation may be made 
 before any of the persons mentioned in section 721 of this 
 Article, and the same shall be authenticated as provided for in 
 section 721. 
 
 732. The provisions of sections 722-729, inclusive, of this 
 Article shall apply to all the proceedings under the preceding 
 section. 
 
 NOTAEEES PUBLIC. 
 
 733. The Governor, by and with the advice and consent of 
 the Senate, shall appoint and commission a competent number 
 of persons of known good character, integrity and abilities, 
 citizens of the United States, and who have resided in this 
 State two years previous to their appointment as Notaries 
 Public for the State of Maryland, to reside in such place or 
 places within this State as the Governor shall in and by their 
 respective commissions designate; but there shall not be at 
 any time more than twenty-six Notaries apj)ointed and com- 
 missioned to reside within the City of Baltimore, one of whom 
 shall be conversant with the German language. 
 
 734. The Governor, by and with the advice and consent of 
 the Senate, is hereby authorized to appoint four Notaries 
 Public for the City of Baltimore in addition to those provided 
 for in the preceding section. 
 
 OYSTERS. 
 
 735. All oysters in the shell sold in the City of Baltimore 
 shall be measured by a licensed measurer; any person may 
 obtain a license therefor from the Clerk of the Court of 
 Common Pleas by paying therefor the sum of ten dollars and 
 taking an oath before said clerk for the faithful performance 
 of his duty; said license shall hold good for one year; a
 
 259 
 
 measurer shall receive for his services one-half cent per bushel, 
 to be paid equally by the buyer and seller ; any person violat- 
 ing the provisions of this section shall be deemed guilty of a 
 misdemeanor, and on conviction shall be fined not less than 
 twenty nor more than fifty dollars for each offence, and impris- 
 oned until the fine and costs shall be paid. 
 
 PAKKS AND SQUARES. 
 
 736. The Board of Park Commissioners, for the purpose 
 specified in section 96 of this Article, is empowered to form 
 a zoological collection within the limits of any of the parks 
 and squares under its control. 
 
 737. The said Commissioners are authorized to receive 
 subscriptions of money for the purpose of said collection not 
 to exceed in amount one hundred thousand dollars, and to issue 
 certificates of stock therefor, in sums of not less than one 
 hundred dollars, each bearing interest at the rate of six per 
 cent., payable half-yearly out of the income derived from said 
 collection, which certificates shall be signed by a member of 
 said Commissioners appointed by them for the purpose, and 
 the secretary thereof, and have attached thereto a seal, which 
 the said Commissioners are authorized to adopt for the 
 purpose. 
 
 738. In addition to the six per cent, interest aforesaid, each 
 holder of a certificate shall be entitled to receive for every one 
 hundred dollars subscribed by him or her, as many free 
 entrance tickets to the zoological collection as the said Com» 
 missioners may deem proper. 
 
 739. The Mayor and City Council of Baltimore are author- 
 ized to issue bonds or certificates of indebtedness of said cor- 
 poration to an amount not exceeding one hundred thousand 
 dollars, to be applied to the purchase of ground for and the 
 establishment of a park in that portion of the City of Balti- 
 more lying west of Poppleton street and south of Franklin 
 street in said City ; which said bonds or certificates of indebted- 
 ness shall be payable at such times and bear such rate of 
 interest, not exceeding three and one-half per centum per 
 annum, as the said Mayor and City Council shall provide by 
 ordinance; provided, that the said bonds or certificates of 
 indebtedness shall not be issued unless the ordinance which
 
 260 
 
 the Mayor and City Council of Baltimore are authorized to 
 enact for that purpose shall be approved by a majority of the 
 votes of the legal voters of said City, cast at the time and 
 places to be designated by said ordinance, in the provision 
 for submitting the same to the legal voters of said City, as 
 required by section 7, Article XI, of the Constitution of Mary- 
 land ; provided, however, that the said bonds or certificates of 
 indebtedness shall not be sold for less than par ; and the said 
 Mayor and City Council of Baltimore are authorized to pro- 
 vide by ordinance for the laying of such an annual tax as shall 
 be sufficient to pay the interest on said bonds or certificates of 
 indebtedness, and provide a sinking fund for their redemption 
 at maturity. 
 
 POLICE COMMISSIONERS. 
 
 Ch-ganizafion of Force. 
 
 740. There shall be elected by the joint meeting of the two 
 houses of the General Assembly, by ballot, three sober and 
 discreet persons, who shall have been residents in the City of 
 Baltimore for three consecutive years next preceding the day 
 of their election, who shall be known as the Board of Police 
 Commissioners for the City of Baltimore ; said Commissioners 
 shall be subject to removal as provided in this sub-division of 
 this Article; one of said Commissioners shall be elected and 
 appointed for two years, one for four years, and one for six 
 years, who shall hold office until their respective successors are 
 elected, or appointed and qualified ; each of said Commissioners 
 shall receive a salary of twenty -five hundred dollars per annum, 
 payable quarterly. As the terms of office shall expire, as desig- 
 nated above, they shall be filled or appointed for six years each. 
 Before entering upon the duties of their office of Commis- 
 sioner, each member thereof shall enter into bond to the State 
 of Maryland, with one or more sureties, in the penalty of ten 
 thousand dollars, conditioned for the faithful discharge of his 
 duties as such Commissioner ; said bond to be approved by the 
 Judge of the Superior Court of the City of Baltimore, to be 
 kept and recorded by the clerk of the said court, in the office 
 thereof, together with the certificate of appointment as afore- 
 said; and shall also take and subscribe before the said Judge 
 of the Superior Court, or the clerk thereof, the oath or affirma- 
 tion prescribed l)y the sixth section of the first Article of the 
 Constitution ; and the further oath or affirmation, that in every 
 appointment or removal to be made by them to or from the 
 police force, created and to be organized by them under this
 
 261 
 
 sub-division of this Article, they will in no case, and under no 
 pretext, appoint or remove any policeman or officer of police, 
 or detective, or any other jDerson under them, for or on account 
 of the political opinions of such policeman, officer, detective 
 or other person, or for any other cause or reason than the 
 fitness or unfitness of such person, in the best judgment of 
 said Commissioners, for the place to which he shall be 
 appointed, or from which he shall be removed ; and the said 
 oath or affirmation shall be recorded and preserved among the 
 records of said court. 
 
 741. The Board of Police Commissioners, on entering upon 
 their duties as such, shall select one of their number who shall 
 be the president, and one of their number who shall be the 
 treasurer thereof ; and in case a vacancy shall happen in said 
 Board during the recess of the General Assembly', it shall be 
 tilled by the Governor of the State, which appointment shall 
 continue until the next session of the General Assembly, which 
 shall proceed to fill said vacancy ; and the General Assembly 
 shall also, in like manner, elect by joint ballot. Commissioners 
 to succeed those whose term of service shall expire — such elec- 
 tion to be had at the regular session of the General Assembly 
 immediately preceding such expiration — and neither of said 
 Commissioners shall bo eligible to an elective or appointed 
 office during the term for which he has been elected, except 
 under the militia laws of the State ; and for any official miscon- 
 duct on the part of said Commissioners, the General Assembly, 
 if in session, shall have power of removal, and during the recess 
 of the same, the Governor shall remove any of said Commis- 
 sioners, on conviction for any felony before any court of law, 
 and shall appoint a successor to such delinquent Commissioner 
 so removed, to serve until the next meeting of the General 
 Assembly. 
 
 742. The Board of Police Commissioners shall select some 
 suitable person to act as secretary to the Board, whose duty it 
 shall be to keep minutes of the proceedings of the Board, take 
 charge, by direction of the Board, of all property seized or 
 found by the police or detectives, and to perform all clerical 
 and proper duties required of him by said Board ; and it shall 
 further be the duty of said secretary to prepare forms of all 
 poll-books and election returns, warrants of arrest and commit- 
 ments to be used by the judges of election for all elections held 
 in Baltimore City, to superintend carefully the printing thereof,
 
 262 
 
 and to perform all otlier clerical duties devolved upon said 
 Board bj law in connection with all elections held in said City, 
 as may he required of him by said Board ; said secretary shall 
 enter into bond to the State of Maryland in the same manner 
 as is by law prescribed for said Commissioners, in the sum of 
 five thousand dollars, conditioned for the faithful discharge of 
 his duties aforsaid, and the safe keeping of all property placed 
 in his hands as aforesaid, and shall receive the salary of two 
 thousand dollars per annum, payable monthly, and be subject 
 to removal at the pleasure of the Board. 
 
 743. The Board of Police Commissioners are hereby author- 
 ized to employ an additional officer, to be known as assistant 
 to the secretary to the Board ; the salary of said assistant 
 secretary shall be twelve hundred dollars per annum, payable 
 monthly. 
 
 744. The duties of the Board of Police Commissioners 
 hereby created shall be as follows : They shall at all times of 
 the day and night, within the boundaries of the City of Baltimore, 
 as well on the water as on the land, preserve the public peace, 
 prevent crime and arrest oflfenders, protect the rights of persons 
 and property, guard the public health, preserve order at primary 
 meetings and elections, and at all public meetings and conven- 
 tions and on all public occasions and places, prevent and 
 remove nuisances in all the streets and highways, waters and 
 water-courses, and all other places, provide a proper police 
 force at every fire for the protection of firemen and property, 
 protect strangers, emigrants and travelers at all steamboat, 
 ferry-boat and ship landings and railway stations, see that all 
 laws relating to elections, and to the observance of Sunday, 
 and regarding pawnbrokers, gambling, intemperance, lotteries 
 and lottery policies, vagrants, disorderly persons and the public 
 health are enforced, and also to enforce all laws, ordinances of 
 the Mayor and City Council of Baltimore, not inconsistent 
 with the provisions of this sub-division of this Ai-ticle, or of 
 any law of the State which may be properly enforceable by a 
 police force ; and in case the said Board of Police Commis- 
 sioners shall have reason to believe that any person within the 
 limits of the City of Baltimore intends leaving the City for the 
 purpose of committing any breach of the peace, or of violating 
 any law of the State beyond the limits of the City, upon the 
 Chesapeake bay, or on any river, creek, inlet, water-course, or 
 at any other place on land or water within the State of Mary-
 
 263 
 
 land, it shall be the duty of the said Board of Police Commis- 
 sioners to cause such person to be followed, and to take the 
 most effectual means for the suppression and prevention of such 
 outrage, when any such shall be attempted, and to cause the 
 arrest of all such offenders ; provided, however, that if any 
 crime be actually committed by such person, the offender shall 
 be delivered to the proper jurisdiction for trial and punish- 
 ment; any person charged with the commission of crime 
 in the City of Baltimore and against whom criminal process 
 shall have issued, may be arrested upon the same in any 
 part of the State by the police force created under this sub- 
 division of this Article, under such rules and regulations 
 as the Board of Police Commissioners may adopt ; and the 
 said Board shall have power to summon witnessess before 
 it and to administer oaths or affirmations to such witnesses 
 whenever, in the judgment of the said Board, it may be 
 necessary for the effectual discharge of their duties under 
 this sub-division of this Article ; and any person failing to 
 appear in answer to said summons, or refusing to testify, 
 shall be subject to a penalty of not less than twenty-five nor 
 more than fifty dollars, to be recovered by civil action in the 
 name of the State, to the use of the said Board, or by indict- 
 ment in the Criminal Court of Baltimore ; false swearing on 
 the part of any such witness shall be deemed perjury, and shall 
 be punished as such. 
 
 745. The said Board of Police Commissioners are authorized 
 and required, immediately on entering on their duties of their 
 office, to appoint, enroll and employ a permanent police force 
 for the City of Baltimore, which they shall arm and equip as 
 they may judge necessary, under such rules and regulations as 
 they may from time to time prescribe ; and the said Board shall 
 have power to remove any police officer or officers of police, or 
 any detective, for the violation of any rule or regulation which 
 they may make and promulgate to said police force, officers of 
 police, or any detective ; said police force shall consist of one 
 Marshal and one Deputy Marshal of Police of the City, and 
 one Captain, two Lieutenants, two Round Sergeants, two Turn- 
 keys and one Clerk at each station-house, which clerk shall 
 receive a salary of eighteen dollars per week, and one Lieu- 
 tenant of Mounted Police, who shall have charge of the mounted 
 force, with the rank and pay of a Lieutenant of Police, and 
 such number of Sergeants as said Board of Police in their 
 judgment may deem necessary for each police district in said
 
 264 
 
 City, and seven hundred men, which force may be increased 
 at any time, if, in the opinion of the Board, the public peace 
 shall require, to any number and for such period of time as 
 they may think proper, by the appointment of special police- 
 men, who shall receive the sum of two dollars and fifty cents 
 per day for their services. The pay of an ordinary policeman 
 shall be eighteen dollars per week, payable semi-monthly ; and 
 in case the Board shall appoint detective policemen, and they 
 are hereby authorized and empowered to do so, if they shall 
 think fit, to the number of twenty-five, said detectives shall 
 receive the sum of twenty-three dollars per week each, payable 
 semi-monthly, and shall not be allowed to follow any business or 
 profession, but shall devote their time to the discharge of their 
 duties as detectives ; the Board shall assign one detective to each 
 police district station-house, said detective to be under the 
 direction of the commanding officer of the district and to operate 
 from said station-house. The officers of police shall be paid 
 semi-monthly, and their pay shall be as follows : The Marshal 
 shall receive two thousand five hundred dollars per annum, 
 the Deputy Marshall shall receive two thousand dollars per 
 annum, each Captain shall receive thirty dollars per week, each 
 Lieutenant twenty- five dollars per week, each Round Sergeant 
 twenty-three dollars per week, each Sergeant twenty dollars per 
 week, and each Turnkey eighteen dollars per week. The pay 
 herein provided for police officers, policemen and detectives 
 shall continue in force until a change shall be made by law. 
 They are authorized and empowered to appoint thirty-five addi- 
 tional officers, who shall be known as probation officers, who 
 shall hold their places without a commission until vacancies 
 shall occur in the regular force, the pay of said officers so 
 appointed as aforesaid shall be twelve dollars pet week, to be 
 paid at the same time and in the same manner as the other 
 officers of said police force are paid. Provided, however, that 
 nothing herein contained shall be construed as in any manner 
 changing or altering the method of making appointments to, 
 promotions in or removals from the police force, as prescribed 
 by Chapter 16, of the Acts of the General Assembly of 1900, 
 but said police force shall be regulated and managed in all 
 respects in accordance with said Chapter \&, of said Acts of 
 Assembly of 1900. And provided, further, that nothing herein 
 contained shall be construed to legislate out of office any police 
 officer, detective, or officer of police now on the force, or any 
 employee of the Board of Police Commissioners.
 
 265 
 
 746. They are authorized, empowered and directed to select 
 some suitable person to act as clerk to the Marshal of Police 
 for said City, at a salary of twenty-five dollars per week, pay- 
 able semi-monthly ; and the said clerk, liefore entering upon 
 the duties of his office, shall enter into bond to the State of 
 Maryland in the penalty of two thousand dollars, conditioned 
 for the faithful discharge of his duties as such clerk, the said 
 bond to be approved by them. 
 
 747. It shall be their duty to estimate annually what sum 
 of money will be necessary for each current fiscal year to enable 
 them to discharge the duty imposed on them, and they shall 
 forthwith certify the same to the Mayor and City Council of 
 Baltimore, who are required, without delay, specifically to 
 assess and levy such amount as shall be suflicient to raise the 
 same clear of all expenses and discounts upon all the assessa- 
 ble property in the City of Baltimore, and cause the same to 
 be collected as all other City taxes ; and it is made the duty of 
 the City Collector of Baltimore, and he is required to collect 
 said tax, to be denominated the police tax ; and the said Board 
 of Police Commissioners, upon and after qualifying as such, 
 are authorized to make requisitions from time to time upon the 
 Comptroller of the City of Baltimore, or other proper dis- 
 bursing officer of the corporation, for such sums of money as 
 they may from time to time deem necessary for the purpose 
 of carrying out the objects and intentions of this sub-division 
 of this Article ; provided, the same shall not exceed in any one 
 year the amount so as aforesaid certified, or which may there- 
 after be certified for that vear, to the Mayor aud Citv Council 
 of Baltimore aforesaid ; and in case the said disbursing officer 
 shall not forthwith pay over the amount of each requisition 
 as made, it shall be the duty of the said Board, and they are 
 authorized and required to issue certificates of indebtedness, 
 in the name of the Mayor and City Council of Baltimore, in 
 such sum as they may deem advisable for the amount of such 
 requisitions, respectively, bearing interest at six per cent, per 
 annum, payable at not more than twelve months after date, 
 and signed by a majority of said Board, and to raise the 
 money on said certificates by pledging or disposing of the 
 same ; which certificates shall be receivable at par in payment 
 of City taxes, and be as binding on said corporation and as 
 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
 
 266 
 
 to levy or collect any tax or appropriate any money for the 
 payment of any police force other than that organized and 
 employed under this sub-division of this Article ; and no 
 officer or other employee of the said Mayor and City Council 
 of Baltimore shall disburse any money therefor ; and the power 
 of said Mayor and City Council to levy and collect taxes and 
 appropriate and disburse money for the payment of the police 
 force organized and employed under this sub-division of this 
 Article shall be exercised as herein directed, and not other- 
 wise ; and in case the amount so as aforesaid to be estimated 
 by the said Board shall from any cause prove insufficient for 
 the necessary expenses for the current year, the said Board 
 is authorized and empowered to issue certificates and raise 
 money therefrom, as hereinbefore provided, to meet the said 
 exigency; provided, however, that no additional issue shall 
 exceed the sum of fifty thousand dollars in any one year, and 
 that the amount thereof shall be added to the estimate, assess- 
 ment and levy for the year next ensuing, and that said certifi- 
 cates 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. 
 
 748. It shall be the duty of the Sherifi" of Baltimore City, 
 whenever called on for that purpose by said Board, to act 
 under their control for the preservation of the public peace and 
 quiet, and if ordered by them to do so, he shall summon the 
 posse comltatus for that purpose, and hold and employ such 
 posse, subject to their discretion in case the said Board shall 
 deem it necessary ; they shall call out such military force, law- 
 fully organized or existing in said City, as they may see fit, to 
 aid them in preventing threatened disorder or opposition to the 
 laws, or in suppressing insurrection, riot or disorder on elec- 
 tion days, and at all other times ; and it shall be the duty of 
 said military force so called out, to obey such orders as may be 
 given them by said Board ; whenever the exigency or circum- 
 stances may, in their judgment, warrant it, the said Board shall 
 have the power to assume the control and command of all con- 
 servators of the peace in the City of Baltimore, whether sherifi's, 
 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, constable, or other 
 peace officer or persons, to obey any lawful command of said 
 Board under the provisions of this section, they shall, respec- 
 tively, be guilty of a misdemeanor and punishable as in such
 
 267 
 
 cases made and provided ; and any officer of any military force 
 in the City of Baltimore, organized under any law now existing, 
 or which may hereafter be enacted by the General Assembly of 
 this State, who, upon being called on by the said Board as 
 aforesaid, shall refuse or wilfully fail to call out the force under 
 his command, or to obey the orders of the said Board, or to 
 enforce by all lawful means the performance of the duties to 
 said force assigned; and any inferior officer or private who 
 shall refuse or wilfully fail to obey the orders of his superior 
 officer in such behalf, shall be guilty of a misdemeanor, and 
 punishable as in such cases made and provided. 
 
 749. Whenever a vacancy shall take place in any grade of 
 officers (except the marshal and deputy marshal), it shall be 
 filled from the next lowest grade, if competent men can be 
 found therein ; the Board of Police Commissioners are author- 
 ized to make all such rules and regulations, not inconsistent 
 with this sub-division of this Article, as they may judge neces- 
 sary for the appointment and employment, uniforming, disci- 
 pline, trial and government of the police and detectives, and 
 for the relief and compensation of the members of the police 
 injured in person and property in the discharge of their duty, 
 and the families of men or officers killed while in its perform- 
 ance; provided, that the allowance in any one instance shall 
 not exceed twelve months' pay ; the said Board shall have 
 power to require of any policeman, officer of police or detective, 
 bond with sureties, when they may consider it demanded by 
 the public interest; all lawful rules and regulations of the 
 Board shall be obeyed by the policemen, officers of police and 
 detectives, on pain of dismissal or such lighter punishment as 
 may be prescribed by the said Board ; and the said Board shall 
 have power to suspend from duty, fine or forfeit the pay of any 
 officer or policeman, or suspend any rule or regulation made 
 and adopted by them. 
 
 750. No officer of police, policeman or detective shall be 
 allowed to receive any money as a gratuity or extra compensa- 
 tion for any services he may render, without the consent of the 
 said Board ; and all such moneys as any officer of police, police- 
 man and detective may be so permitted to receive shall be paid 
 over to the said Board, and together with the proceeds of all 
 fines, forfeitures, penalties and unclaimed property which may 
 come into the possession of the said Board, or be recovered by 
 them under the provisions of this sub-division of this Article,
 
 268 
 
 or any other law, shall form a fund which the Board may apply 
 ^ towards the allowances of officers of police, policemen and 
 detectives and their families, as hereinbefore authorized, and 
 for extra pay to such members of the force as by gallantry and 
 good conduct on extraordinary occasions they may be judged 
 to merit ; and any officer of police, policeman or detective who 
 shall directly or indirectly, in violation of this section, receive 
 any money as a gratuity or extra compensation, and shall fail 
 to deliver the same to the Board for the purposes hereinbefore 
 provided, and shall apply the same to his own use, shall be 
 forthwith dismissed, and be forever after ineligible to any 
 position in the force. 
 
 751. The Board of Police Commissioners shall cause to be 
 kept by their secretary, a full report of their proceedings, and 
 also cause all their receipts and disbursements of money to be 
 faithfully entered in books to be provided for that purpose ; 
 and said books, journals and all other documents in the posses- 
 sion of said Board, shall always be open to inspection by the 
 General Assembly, 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 said General Assembly, the number 
 and expense of the police force employed by them under this 
 sub-division of this Article, and all such other matters as may 
 be of public interest in connection with the duties assigned to 
 them ; and said books, journals and other documents, and the 
 vouchers for all payments by said Board of Police Commis- 
 sioners shall at all times be open to the inspection of the Mayor 
 and City Register, or either of them ; and it shall be the duty 
 of the Comptroller of the City of Baltimore to examine all 
 bills and accounts presented by said Board of Police Commis- 
 sioners and the vouchers therefor. 
 
 752. The treasurer of the Board of Police Commissioners, 
 before entering upon the duties of his office as such treasurer, 
 shall, in addition to the bond given as Commissioner, enter into 
 bond to the State of Maryland, with one or more sureties, in 
 the penalty of ten thousand dollars, conditioned for the faithful 
 discharge of the duties imposed upon him as treasurer, and the 
 faithful application and payment over, pursuant to the order 
 and direction of the said Board, of all moneys which may come 
 into his hands as such treasurer; and shall, every six months, 
 on the first day of January and July, in each and every year
 
 269 
 
 during his continuance in office, render to his associates in said 
 Board, a true and faithful account of the receipts and disburse- 
 ments of all moneys received and disbursed hj him bj order of 
 the said Board, with the vouchers thereof during said period, 
 which accounts shall be verified by the affidavit of 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 Secretary of State ; the 
 said Board shall retain a copy thereof, with their certificate 
 attached, to be filed among the papers of their office. 
 
 753. The said Board of Police Commissioners are author- 
 ized and empowered, whenever in their judgment the public 
 peace and tranquility may require, to order the closing tempo- 
 rarily of any and all bar rooms, bars, drinking houses and 
 liquor shops, and all other places where liquor is usually sold 
 in the City of Baltimore, and forbid the selling and furnishing 
 of liquor thereat ; and any proprietor or keeper, or any other 
 person for such proprietor or keeper, of any such 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 liquor from any such 
 place or places, during such period as said Board shall so 
 forbid, shall be guilty of a misdemeanor ; and it shall be the 
 duty of each and every officer of police, policeman and detective, 
 who may be cognizant of any violation of this section, to report 
 the same to the Grand Jury of the City of Baltimore, if in 
 session, and if not in session, then to the next Grand Jury 
 that may be summoned for said City ; and every officer of 
 police, policeman and detective who shall wilfully fail to make 
 such report shall be forthwith dismissed from his position, and 
 shall be forever after ineligible to any position in the police. 
 
 754. They are authorized and empowered to take posses- 
 sion of all property heretofore by law assigned to the former 
 Board of Police, and to have and use a common seal ; they may 
 divide the City into such number of police districts as they may 
 think necessary for the public good ; and if found practicable, 
 in addition to the station-houses and property attached thereto, 
 which they are authorized and empowered to take possession of 
 and use, they may provide additional station-houses, with all
 
 270 
 
 necessary appurtenances, as ma}- be found needful and neces- 
 sary, and such accommodations as may be requisite for the 
 police force ; said board shall also have the use of the fire-alarm 
 iind police telegraph in the City of Baltimore, and of all station- 
 houses, watch-boxes, arms, accout)-ements and other accom- 
 modations and property provided by the city of Baltimore for 
 the use and service of the police heretofore created by any act 
 of the corporation of said City, as fully and to the same extent 
 as if the same had been provided for the use of the Board 
 created by this sub-division of this Article. 
 
 755. It shall be the duty of every officer of police, and 
 every policeman and detective, to report to the Board, and 
 deliver to them all property seized or found by said officer of 
 police, policeman or detective, immediately after the same shall 
 have come into their possession, which property, with the date 
 of delivery and description of the same, and the name of the 
 officer, policeman or detective depositing the same, sliall be 
 entered in a book by the secretary, to be provided for that pur- 
 pose ; said secretary shall have the custody of all such property, 
 and shall be held responsible for the safe delivery of the same 
 to the claimants, when ordered to do so in writing by the said 
 Board, which order shall be his voucher ; and any officer, 
 policeman or detective who shall fail or refuse for a period of 
 twenty-four hours to deposit all such property as aforesaid, 
 shall be subject to removal by the said Board ; and every officer, 
 policeman or detective who shall wilfully refuse to return all 
 such property as aforesaid, or sliall return the same to any 
 claimant, shall be forthwith dismissed from office. 
 
 756. lu addition to the sums of money now authorized by 
 law to be paid out of the fund so as above constituted and 
 designated, the said Board of Police Commissioners are 
 empowered, whenever in their opinion the efficiency of the 
 service may requii'e it, to retire any officer of police, police- 
 man, detective, clerk or turnkey appointed by them, and pay 
 him in monthly instalments out of said fund for life a sum of 
 money not to exceed one-half of the amount of money monthly 
 paid to him as such officer of police, policeman, detective, 
 clerk or turnkey at the time of his said retirement. Provided, 
 however, he shall have .served faithfully not less than sixteen 
 years as such officer of police, policeman, detective, clerk or 
 turnkey or shall have been permanently disabled, in the dis- 
 charge of his duty as such officer of police, policeman, detec-
 
 271 
 
 tive, clerk or turnkey, and the said Board shall in all cases 
 before making such retirement procure and file among their 
 records a certificate of a competent and reputable physician 
 that the person proposed to be retired has been thoroughly 
 examined by him, and that he is incapable of performing active 
 police duty, and it shall be the duty of such officer of police, 
 policeman or detective so retired to perform such police duties 
 and at such times as the Board of Police Commissioners shall 
 deem proper, said term of service not to exceed seven days 
 during any year, and for such services no extra compensation 
 shall be allowed by said Board, and the said Board shall have 
 power in their discretion to suspend payment to any such 
 officer of police, policeman or detective for a term not to 
 exceed three months for the first oftense, for the second offense 
 a term not to exceed six months, and for the third oftense 
 shall be subject to dismissal upon proof given that the said 
 officer of police, policeman or detective is living an improper 
 or immoral life. Said Board shall have power to suspend 
 said payment to such clerk or turnkey if in their judgment 
 after trial said clerk or turnkey is living an improper or 
 immoral life, such a suspension to continue as long as such a 
 life, in the opinion of the said Board, is pursued by said clerk 
 or turnkey ; pivvided, however, that the provisions of this Sec- 
 tion shall not apply to any clerk appointed by said Board of 
 Police Commissioners who has not immediately prior to his 
 appointment served in some capacity whereby he has been 
 required to perform police duty. 
 
 757. No Marshal of Police, or any of the captains of any 
 of the districts or station-houses, or any one acting for or 
 under them, or any of them, shall release any persons com- 
 mitted or confined in any of the station-houses for any felony 
 or misdemeanor, but all such persons shall be released only on 
 the order of the committing Justice, the Judge of the Criminal 
 Coui't, or one of the members of the Board, or other lawful 
 process. 
 
 758. The said Board of Police Commissioners are required 
 on the requisition of the Board of Park Commissioners, to 
 detail from time to time such number of the regular police 
 force of said City as the said Board may deem necessary for 
 the preservation of order within any parks under their control, 
 which detailed force shall have the same power in the premises 
 that the police force of the City have, as conservators of the 
 peace.
 
 272 
 
 759. Xotliing in tliis sub-division of this Article shall be so 
 construed as to destroy or diminish the liability or responsi- 
 bility of the Mayor and City Council of Baltimore for any fail- 
 ure to discharge the duties and obligations of said Mayor and 
 City Council of Baltimore, or any of them, or give the said 
 Mayor and Council of Baltimore any control over said Board, 
 or any officer of police, policeman or detective appointed 
 thereby. 
 
 760. All persons aiTested in the daytime under the pro- 
 visions of this sub-division of this Article shall be taken by the 
 officer making the arrest immediately before the nearest Police 
 Justice for examination, except that all females and male chil- 
 dren under fourteen years of age who may be arrested or 
 taken into custody shall be taken before the nearest Police 
 Justice for examination when there shall be matrons at the 
 station-house as hereinafter provided. 
 
 761. Whenever any person shall be arrested in the City of 
 Baltimore, charged wifh any crime or misdemeanor, or for 
 being drunk or disorderly, or for any breach of the peace, and 
 shall be taken before any of the Police Justices of the Peace of 
 the said City, and any such person shall be found to have 
 concealed about his person any pistol, dirk-knife, bowie-knife, 
 sling-shot, billy, brass, iron, or any other metal knuckles, 
 razor, or any other deadly weapon whatsoever, such person 
 shall be subject to a fine of not less than five dollars nor more 
 than twenty-five dollars, in the discretion of the Police Justice 
 of the Peace before whom such person may be taken, and the 
 confiscation of the weapon so found, which said fine shall be 
 collected as other fines are now collected ; jrrovided, however, 
 that the provisions of this section shall not apply to those 
 persons who, as conservators of the peace, are entitled or 
 required to carry a pistol or other weapon as a part of their 
 official equipment. 
 
 762. Every person in said City of Baltimore not being a 
 conservator of the Peace, entitled or required to carry such 
 weapons as a part of his official equipment, who shall wear or 
 carry any pistol, dirk-knife, bowie-knife, sling-shot, billy, sand- 
 club, metal knuckles, razor or any other dangerous or deadly 
 weapon of any kind whatsoever (penknives excepted), con- 
 cealed upon or about his person ; and every person who shall 
 carry or wear such weaj)ons openly, with the intent or purpose
 
 273 
 
 of injuring any person, shall, upon conviction thereof, l)e fined 
 not more than five hundred dollars, and be imprisoned not 
 more than six months in jail or in the House of Correction ; 
 that this section shall not release or discharge any person or 
 persons already oftendiug against the general law in such 
 cases made and provided, but any such person or persons may 
 be proceeded against, prosecuted and punished under the 
 general law of this State as if this Article had not been 
 passed. 
 
 763. The said Board of Police Commissioners are authorized, 
 empowered and directed to grant leave of absence with pay 
 for a period of twenty days in each consecutive year of service 
 to each of the ofiicers of police, policemen and detectives of 
 the regular force employed by the said Board ; nor shall any 
 enforced absence with leave on account of sickness or death be 
 deducted from the pay of any such officer of police, policeman or 
 detective, or from the twenty days' leave as herein provided for. 
 
 764. The Board of Police Commissioners are hereby author- 
 ized and empowered to appoint and employ, in addition to 
 the number now authorized by law, fifteen additional pro- 
 bation officers, said officers so appointed to hold their places 
 and receive their pay under the provisions of law now in force 
 and applicable to probation officers. 
 
 Matrons at Statton-Houses. 
 
 765. The Board of Police Commissioners of Baltimore shall 
 appoint two suitable women as matrons at four of the station- 
 houses in said City, and may, in their discretion, appoint one 
 or two suitable w^omen as matrons at the other station-houses 
 in said City, one for day and the other for night service, and 
 shall provide a furnished room at each of said station-houses 
 for them. 
 
 766. No woman shall be appointed as a matron aforesaid 
 by the said board unless she shall be recommended to said 
 Board within three months preceding her appointment, by at 
 least twenty women in good standing in said City, in writing, 
 as a suitable person for the position ; and the said matrons 
 shall be appointed to serve for four years, subject to removal 
 for cause, after a hearing by the said Board, Avhich is hereby 
 vested with jurisdiction in the premises. 
 
 18
 
 274 
 
 767. The duties of each matron shall be to give such care 
 and advice and to perform such other police duties as may be 
 requisite and proper to the female persons, male children under 
 fourteen years of age and refugees in the station-house for 
 which said matron shall have been appointed. 
 
 768. Each of said matrons shall receive a salary of ten 
 dollars a week, to be paid by the Mayor and City Council of 
 Baltimore, and it shall be included in the annual estimate 
 of expenses by said Board, certified to the Mayor and City 
 Council of Baltimore. 
 
 Militia. 
 
 769. Whenever the Borad of Police Commissioners for the 
 City of Baltimore, or the Sheriff of any county, shall call out 
 any portion of the militia to aid in preventing threatened dis- 
 order or opposition to the laws, or in suppressing riot or 
 disorder on election days, or at any other times, said military 
 force shall be deemed to be on detached service while under 
 the orders of the said Board or Sheriff; and the commanding 
 officer thereof shall not be subject to the orders of any superior 
 officer whatsoever, except the commander-in-chief. 
 
 Patrol Wagons. 
 
 770. The said Board of Police Commissioners are author- 
 ized and directed to construct, equip and maintain a telephone 
 alarm and patrol wagon service, with all necessaries, appliances 
 and laborers ; provided, however, the expenditures therefor will 
 not impair the special fund mentioned in sections 576 and 777 
 of this Article so as to prevent its sufficient application to the 
 purposes provided for in said sections. 
 
 Physicians to the Police Force. 
 
 771. They are authorized to appoint and commission, annu- 
 ally, three physicians of integrity and capacity, residents of 
 Baltimore City, and who shall have practised medicine therein 
 for at least three years next preceding the date of their com- 
 mission, to act as physicians of the Police Department of said 
 City, under such rules and regulations as the said Board may 
 from time to time prescribe for their conduct. 
 
 772. The duties of the said physicians shall be to examine 
 thoroughly all applicants for positioa in the police force of
 
 275 
 
 Baltimore City, and to test their entire fitness in every respect 
 for such position ; to visit all policemen, turnkeys, detectives, ' 
 officers of police and clerks of said force, who may be returned 
 as sick, and to report their condition to the said Board ; to visit 
 and professionally attend any and allof the said persons who 
 may be injured or disabled in the performance of their duties 
 as members of the said force ; to thoroughly examine and 
 report to the said Board the physical condition of each and 
 every member of said force, who may, upon his own application,' 
 or who the said Board may think should be retired from the 
 said force and be pensioned under this sub-division of this 
 Article, and to perform all such other and further professional 
 duties in connection with the said department and force as the 
 said Board may from time to time deem necessary and prescribe 
 for them. 
 
 773. The annual salary of each of the said physicians shall 
 be the sum of one thousand dollars, payable in equal monthly 
 instalments, but the tenure of office of the said physicians, and 
 of each of them, shall be determinable within the appointed, 
 year, by a majority of the said Board, and in their exclusive 
 discretion ; and the said physicians, and each of them, shall be 
 compensated only up to the time of such determination at the 
 rate of the annual salary aforesaid. 
 
 Races. 
 
 774. For the purpose of preserving order and protecting 
 property, the Police Commissioners of the City of Baltimore 
 are authorized, upon tlie request of the president of the Mary- 
 land Jockey Club, to detail such force as they may deem suffi- 
 cient for the preservation of order during any exhibition of the 
 said club, which detailed force shall have the power that the 
 police of the City have as conservators of the peace. 
 
 JRegistrafion of Voters. 
 
 775. The Board of Police Commissioners for Baltimore 
 City, upon the written request of the Registers of Voters, shall 
 detail police officers sufficient to preserve order at the place 
 where the officers of registration in Baltimore City are dis- 
 charging the duties of their office. 
 
 Special Fund.. 
 
 776. All sums of money which are now in, or which may 
 hereafter come into the hands of the Board of Police Comniis-
 
 276 
 
 sioners for the City of Baltimore, under and by virtue of the 
 provisions of existing laws, except such sums as may come into 
 their hands under and by virtue of the provisions of section 
 747, shall constitute a fifnd to be known and accounted for as 
 the special fund. 
 
 776 A. The Board of Police Commissioners of the City of 
 Baltimore, and their successors, shall be the trustees of the 
 special fund hereinafter mentioned. The Treasurer of said 
 Board shall be Treasurer of the fund. He shall before 
 entering upon his duties as Treasurer thereof execute and 
 deliver to said Board a bond in the penal sum of five thousand 
 dollars, to be approved by the Comptroller of the City of 
 Baltimore, and conditioned for the faithful discharge of his 
 duties, and that he shall pay over and account for all moneys 
 and property which shall come to his hands as such Treasurer, 
 the expense of such bond, if furnished by a corporation, to be 
 paid out of the special fund. Such tinistees shall have charge 
 of and administer said funds, and from time to time invest the 
 same, or any part thereof, as they shall deem most beneficial 
 to said fund, and they are empowered to make all necessary 
 contracts, and take all necessary and proper actions and 
 proceedings in the premises, and to make pajinents from such 
 fund of salaries granted in pursuance of this Act, and also 
 salaries now charged on said fund or any part thereof by or 
 under existing laws. The said trustees may, and they are 
 authorized and empowered, from time to time to establish such 
 rules and regulations for the disposition, investment, preserva- 
 tion and administration of the special fund as they may deem 
 best. They shall report in detail to the Mayor and City Council 
 annually in the month of October the condition of the special 
 fund, and the items of receipts and disbursements on account 
 of the same. 
 
 776 B. The moneys, securities and effects of the special fund, 
 and all salaries granted and payable from said fund shall be 
 and are exempt from execution and from all process and 
 proceedings to enjoin and recover the same by or on behalf of 
 any creditor or person having or asserting any claims against, 
 or debt or liability, of any sharer of said fund ; every person 
 who knowingly or wilfully in anywise procures the making or 
 presentation of any false or fraudulent affidavit or affirmation 
 concerning any claim for a share or payment thereof, shall in 
 every case forfeit a sum not exceeding two hundred dollars, to
 
 277 
 
 be sued for and recovered by and in the name of the said 
 trustees, and when recovered to be paid over to and thereupon 
 become a part of the said special fund. Any person who shall 
 wilfully swear falsely in any oath or affirmation in obtaining or 
 procuring any share or payment thereof, under the provisions 
 of this Act, shall be guilty of perjury. 
 
 776c. The said special fund shall consist of: 
 
 1. The capital, interest, income, dividends, cash deposit, 
 securities and credit of the special fund now in existence, with 
 additions thereto from time to time of : 
 
 2. All fines and forfeitures imposed by the Board of Police 
 Commissioners from time to time upon or against any member 
 or members of the police force ; and of : 
 
 3. All rewards, fees, gifts, testimonials and emoluments that 
 may be presented, paid or given to any member of the police 
 force on account of police services, except such as have been 
 or shall be allowed by the Board of Police Commissioners to 
 be retained by the said members, and also all gifts or bequests 
 w'hich may be made to the said special fund, or to the said 
 Police Board as trustees thereof. 
 
 4. All lost, abandoned, unclaimed, or stolen money remain- 
 ing in possession of the Secretary of the Board of Police 
 Commissioners for the space of one year, and for which there 
 shall be no lawful claimant, and all moneys arising from 
 the sale by the said Secretary or said Board of unclaimed, 
 abandoned, lost or stolen property, and all moneys realized, 
 derived or received from the sale of any condemned, unfit or 
 unserviceable property belonging to or in the possession or 
 under the control of the Police Department, and of : 
 
 5. All moneys, pay, compensation or salary, or any part 
 thereof, forfeited, deducted or withheld from any member or 
 members of the police force on account of absence for any cause, 
 lost time, sickness or other disability, physical or mental, to be 
 paid monthly by the Treasurer of the Board of Police Commis- 
 sioners to the special fund. 
 
 6. All moneys derived or received from license, certificates, 
 or permits, hereafter authorized by the Mayor and City Council 
 under the general powers granted by Chapter 123, of the Acts 
 of the General Assembly of Maryland, Session 1898, title 
 "City of Baltimore," sub-title "Charter," sub-title "General 
 Powers," sub-title "License," which are required to be issued 
 and collected by the Police Department.
 
 278 
 
 7. Any sum hereafter allowed out of or share of liquor 
 license moneys specially appropriated to said special fund 
 and derived from the granting of licenses or permission to sell 
 strong or spirituous liquors, ale, wine or beer, and such sum, 
 sums, share or shares shall be paid in to the Treasurer of the 
 special fund by the person or officer having the legal custody 
 thereof. 
 
 8. All moneys derived or received from the granting or 
 issuing the permits, or the giving of permission to give public 
 dances, soirees, masked balls, boxing or athletic contests, circus 
 or tent show^s, or either of them, in the City of Baltimore ; also 
 the sum of five dollars for each and every permit granted by 
 the Board of Police Commissioners under Section 653 P, 
 Chapter 343, of the Acts of the General Assembly of Mary- 
 land, session of 1890, for the sale of liquors at bona fide enter- 
 tainments. 
 
 9. A sum of money equal to but not greater than two per 
 centum of the semi-monthly pay, salary or compensation of 
 each member of the police force entitled to participate in the 
 special fund, which sum shall be deducted every pay day by 
 the Treasurer of the Board of Police Commissioners from the 
 pay, salary or compensation of each and every member of the 
 police force, and the said Treasurer of said Board is hereby 
 authorized, empowered and directed to deduct the said sum of 
 money as aforesaid and forthwith to pay the same to the 
 Treasurer of the trustees of the special fund ; provided, 
 however, that it shall be optional with any member of said 
 police force to contribute the said two per centum of his salary 
 as above provided, and participate in the benefits of the special 
 fund ; and provided, further, that no member of said force shall 
 participate in said special fund unless ho contributes to said 
 fund as aforesaid. 
 
 10. And any and all unexpended balances of appropriation 
 or amounts estimated, levied, raised or appropriated for the 
 payment of salaries or compensation of members of the police 
 force within said City of Baltimore remaining unexpended or 
 unapplied after allowing all claims payable therefrom, said 
 balances to be paid to special fund at any time after the 
 expiration of the year for which the same were made and 
 appropriated. 
 
 11. In case the amount derived from the different sources 
 mentioned and included in this Section, and from the special 
 fund without deducting charges for patrol services, police boat,
 
 279 
 
 and new station-liouses, shall not be sufficient at any time to 
 enable the Board of Police Commissioners to pay in full the 
 salaries which have been or may hereafter be granted, which 
 said salaries shall at all times be a first charge on said funds, 
 it shall be the duty of the said Board each year at the time of 
 making up the dej)artmental estimate, to prepare a full and 
 detailed statement of the assets of said special fund, and the 
 amount which is required to pay in full all such salaries, and 
 to present the same to the Mayor and City Council and the 
 Board of Estimates, together with a statement of the amount 
 of money required to enable the said Board of Police Commis- 
 sioners to pay the said salaries in full. It shall be the duty of 
 the Mayor and City Council and said Board of Estimates to 
 make an appropriation sufficient to provide for such deficiency, 
 and the amount so appropriated shall be included in the tax 
 levy, and the Comptroller shall pay over the money to the 
 Treasurer of the special fund. 
 
 12. And the said Board of Police Commissioners, as trustees 
 of the special fund, is hereby authorized and emjjowered to 
 take and hold, as trustees of such fund, any and all gifts or 
 bequests which may be made to such fund. 
 
 776 D. The Board of Police Commissioners shall have power 
 in its discretion to pay to the widow of any member of said 
 police force within the limits of said City who shall have been 
 killed while in the actual performance of duty, or shall have 
 died in consequence of injuries received while in the discharge 
 of duty an allowance until she re-marries. If there be no 
 widow, but a child or children, then to pay to such child or 
 children, whilst under the age of eighteen years, a sum such 
 as parent would have been entitled to out of said special fund. 
 
 776 E. Salaries granted under Chapter 494, of the Acts of 
 the General Assembly of Maryland, passed at the January 
 session 1898, and all other salaries granted by special Acts 
 shall be for the natural life of the retired or disabled officer, 
 and shall not be revoked, repealed or diminished except for 
 causes therein provided. 
 
 776 f' No member of the police force, whether policeman, 
 officer of police, detective, clerk, turnkey, or in any other 
 capacity, shall be granted, awarded or paid a retiring salary on 
 account of physical or mental disability or diseases, unless
 
 280 
 
 certificate of so manv of the police surgeons or other compe- 
 tent and reputable physicians as the Board of Police Commis- 
 sioners may require, which shall set forth the cause, nature 
 and extent of the disability, disease or injury of such member, 
 shall be filed in the office of the Board, and no member shall 
 hereafter be retired upon salary or be salaried, nor shall any 
 money or salary be awarded, granted or paid excej^t as pro- 
 vided in this Chapter, and Chapter 494, of the Acts of the 
 General Assembly of Maryland, passed at the January session, 
 1898, any other law to the contrary notwithstanding. The 
 said Board of Police Commissioners is authorized and empow- 
 ered to make and adopt all such rules, orders and regulations 
 as are or may be necessary to carry out and enforce the jjro- 
 visions of this Act. 
 
 777. In addition to the sums of money now authorized by 
 law to be paid out of the fund so as above constituted and 
 designated, the said Board of Police Commissioners are 
 empowered, whenever, in their opinion, the efiiciency of the 
 service may require it, to retire any ofiicer of jjolice, police- 
 man, detective, clerk or turnkey, appointed by them, and pay 
 him in monthly instalments out of said fund, for life, a sum 
 of money not to exceed one-half of the amount of money 
 monthly paid to him as such officer of police, policeman, 
 detective, clerk or turnkey at the time of his said retirement ; 
 provided, however, he shall have served faithfully not less than 
 sixteen years as such officer of police, policeman, detective, 
 clerk, turnkey, or shall have been permanently disabled in the 
 discharge of his duty as such ofiicer of police, policeman, 
 detective, clerk or turnkey ; and the said Board shall in all 
 cases, before making such retirement, procure and file among 
 their records a certificate signed by a majority of the physi- 
 cians appointed by the Board of Police Commissioners as 
 physicians of the Police Department, that the person proposed 
 to be retired has been thoroughly examined by them, and that 
 "he is incapable of performing active police duty ; and the said 
 Board of Police Commissioners shall have power, in their dis- 
 cretion, to suspend payment to any such officer of police, 
 policeman, detective, clerk or turnkey for a term not to exceed 
 three months for the first offence, for the second ofience for a 
 term not to exceed six months, and for the third offence, any 
 such ofiicer of police, policeman, detective, clerk or turnkey 
 shall be subject to dismissal, upon proof given that the said 
 officer of police, policeman, detective, clerk or turnkey, is living 
 an improper or immoral life.
 
 281 
 
 778. Tlie Board of Police Commissioners for tlie City of 
 Baltimore are aiitlKjrized to pay out of the special fund men- 
 tioned in section 776 of this Article, the cost of the mainte- 
 nance and operation of the police patrol boat recently built 
 and manned by said Board under authority conferred by law 
 on said Board, includinp; therein the wages of engineers and 
 firemen of said boat ; and said Board are authorized to appoint 
 on its force two officers for said boat, Avho shall be styled com- 
 mander and first officer, respectively, of the police patrol boat, 
 and shall have the rank and pay of Lieutenants of Police of 
 the City of Baltimore. 
 
 779. The Board of Police Commissioners for the City of 
 Baltimore are hereby authorized, out of the special fund men- 
 tioned in section 776 of this Article, to pay the purchase 
 money of the ground needed for the erection of station-houses 
 hereafter required for the uses of said Board, and also the 
 cost of the erection and repair of said station-houses. 
 
 780. The Board of Police Commissioners for the City of 
 Baltimore are hereby authorized and directed to pay to James 
 M. Moore, a retired patrolman of the police force of Baltimore 
 City, out of a fund in the hands of said Board of Police Com- 
 missioners known and accounted for as the special fund, the 
 sum of twelve dollars per week for his life, in lieu of the sum 
 of six dollars per week now paid said James M. Moore by said 
 Board of Police Commissioners, under and by authority of an 
 Act of the General Assembly of Maryland (Chapter 459, Laws 
 of Maryland, eighteen hundred and eighty-six), entitled "An 
 Act to define a fund of money now in the hands, or which 
 under existing laws may come into the hands, of the Board of 
 Police Commissioners for the City of Baltimore, and to pro- 
 vide for its application," approved April 7th, eighteen hundred 
 and eighty-six. 
 
 Long Bridge. 
 
 781. The jurisdiction and authority of the Board of Police 
 Commissioners for the City of Baltimore is hereby declared to 
 extend to and over the bridge across the Patapsco river, known 
 as the Long Bridge or Light Street Bridge ; and said Board 
 and their police force shall on and under said bridge, preserve 
 the public peace, prevent crime, arrest offenders, protect the 
 rights of persons and property, and prevent and remove 
 nuisances ; provided, however, that if any crime be actually
 
 282 
 
 committed by any person who shall be arrested by said police, 
 the offender shall be delivered to the proper jurisdiction for 
 trial and punishment. 
 
 Telegraph to House of CorrecHoi}. 
 
 782. The Mayor and City Council of Baltimore shall keep 
 and maintain, at their own proper cost and expense, the line 
 of telegraph from the House of Correction, in Anne Arundel 
 county, to th(^ police headquarters in Baltimore City, trans- 
 ferred to them by the Board of Public Works, and are invested 
 with all the rights and privileges granted to telegraph com- 
 panies under the General Incorporation Laws of the State in 
 the working and maintenance of this line. 
 
 Thieves and Pickpockets. 
 
 783. It shall be the duty of all police officers in Baltimore 
 City to arrest and take before some one of the station-house 
 Justices in Baltimore City, all persons whom they shall find 
 in any passenger railway car, or in or about any railway depot 
 in Baltimore City, or in any place of public amusement, or in 
 any street of the City, who the}' shall know or have good 
 reason to believe are common thieves or pickpockets, and said 
 Justices shall commit or bail such persons for trial before the 
 Criminal Court ; and if any person in Baltimore City shall be 
 charged on oath before any station-house Justice of the Peace 
 in Baltimore City, or before the Judge of the Criminal Court, 
 with being a common thief or pickpocket, such Justice or 
 Judge shall issue a warrant for the arrest of such person, and 
 commit or bail him for trial ; and any person convicted in the 
 Criminal Court of Baltimore of being a common thief or 
 common pickpocket, shall be imprisoned in jail not more 
 than two years nor less than six months, and be fined not 
 more than one hundred dollars ; but if any person is arrested 
 a second time, or more, for such offence, he shall be convicted 
 only on proof that he has continued to be a common thief or 
 pickpocket for at least one month since his last conviction or 
 acquittal, and it shall be necessary to charge in the indictment 
 only that the person is a common thief or common pickpocket ; 
 and any evidence either of facts or reputation proving that 
 such person is habitually and by practice a thief or pickpocket 
 shall be sufficient for his conviction, if satisfactorily establish- 
 ing the fact to the court or jury by whom he is tried ; and 
 there shall be no discretion in any police officer or Justice of
 
 288 
 
 the Peace to discharge or release any person who is by such 
 proof before them, or knowledge on their part, shown to be a 
 thief or pickpocket as aforesaid, but such person shall be 
 bailed or committed for trial, and no conviction or charge of, 
 or for being a common thief or pickpocket, shall prevent any 
 such person from being tried and convicted for any particular 
 act of larceny he may have committed. 
 
 784. If any person shall be arrested at any place on the 
 line of the Baltimore and Ohio Railroad, or on the line of the 
 Northern Central Railroad, or on the line of the Philadelphia, 
 Wilmington and Baltimore Railroad, or in any of the cars or 
 depots, or at any of the stations on said roads, or on any ferry- 
 boat employed to carry passengers over any part of said road, 
 and within the limits of this State, charged with being a 
 common thief or pickpocket, such person may be taken before 
 any Justice of the Peace of the county in which said place or 
 depot or station may be situated ; or if such person be arrested 
 in any car, or on any ferry-boat, before any Justice of the 
 Peace of the nearest convenient county or any station-house 
 Justice of the City of Baltimore ; and such Justice shall, on 
 proof, as provided in the preceding section, commit or bail 
 such person for trial before the Circuit Court of the county, 
 or the Criminal Court of Baltimore, as the case may be; 
 and all police oihcers of Baltimore City, and all conductors 
 of trains and police employed by any of said railway com- 
 panies, and all constables and bailifis of any county or 
 city on the lines of said road, shall arrest all such persons 
 at any of the places aforesaid, on the same knowledge 
 and proof of their being common thieves or pickpockets as 
 provided in the preceding section, and the said Justice shall 
 commit or bail such person on the same knowledge or proof; 
 and any person convicted in any county on the line of said 
 roads of being a common pickpocket, shall be punished by a 
 fine or imprisonment in the jail of the county for the same time 
 and in the same amount as provided in the preceding section ; 
 and all the provisions of the preceding section shall apply to 
 all cases under this section, except so far as altered by this 
 section. 
 
 Personating Policemen. 
 
 785. It shall be a misdemeanor, punishable by imprison- 
 ment in the jail of Baltimore City for not more than one year, 
 or by fine of not less than five dollars, for any person not a
 
 284 
 
 member of the police force of Baltimore City, to falsely 
 represent himself as being such member, with fraudulent 
 design upon person or property, or upon any day or at any 
 time to have, use, wear or display, without the authority of the 
 Board of Police Commissioners of Baltimore, any shield, button, 
 wreath, number or any other insignia or emblem of office, such 
 as are worn by the police force of said City. 
 
 Keio Stat ion-Houses. 
 
 786. The Board of Police Commissioners are authorized 
 and empowered to purchase or lease gi-ound in the twenty-first 
 and twenty-second wards in the City of Baltimore, or either of 
 them, as may be suitable in their judgment for the erection of 
 a station-house or houses thereon, and that they be and are 
 hereby authorized and empowered to have erected thereon such 
 station-house or houses as they may deem suitable and proper. 
 
 787. The title to said lot of ground and the improvements 
 thereon, shall be vested in the Mayor and City Council of 
 Baltimore City. 
 
 788. The purchase of said ground, and the cost of erection 
 of said station-house or station-houses, shall be paid by the 
 said Board of Police Commissioners out of their special fund. 
 
 PRATT FREE LIBRARY. 
 
 789. It shall be the duty of the Mayor to appoint a visitor, 
 who shall, as often as once a year, examine the books and 
 accounts of the Trustees of the "Enoch Pratt Free Library of 
 Baltimore City," and make a report thereof to the Mayor and 
 City Council of Baltimore ; and said Mayor and City Council 
 shall, in case of any abuse of their powers by said Trustees or 
 their successors, have the right to resort to the proper courts 
 to enforce the performance of the trust imposed on them. 
 
 790. The real estate and personal property vested in said 
 Mayor and City Council by virtue of the Acts of 1882, chapter 
 181, authorizing the establishing of the Enoch Pratt Free 
 Library of Baltimore City, and to become vested by future pur- 
 chases under the provisions of said Act, and the funds and 
 franchises of the "Enoch Pratt Free Library of Baltimore 
 City," shall be exempt from all State and municipal taxes, 
 forever.
 
 285 
 
 RAILROADS. 
 
 Safety Gates. 
 
 791. All railroad companies whose tracks cross any street 
 in Baltimore City at grade, are required to place, erect and 
 keep in operation and repair, safety gates at all such street 
 crossings in said City, which said gates shall be closed on the 
 approach of any and every train of cars or locomotive, and 
 kept closed until the said cars or locomotive have completely 
 passed said street crossings. 
 
 792. Any railroad company violating the provisions of the 
 foregoing section shall be liable to a fine of fifty dollars for 
 each crossing, and for every day on which said safety gates 
 are neglected to be erected or operated ; said fine to be col- 
 lected as other fines are now collected. 
 
 Hours of Labor. 
 
 793. No street railway company incorporated under the 
 laws of this State, and no officer, agent or servant of such 
 corporation, and no person or firm owning or operating any 
 line or lines of street railways within the limits of this State, 
 and no agent or servant of such firm or person shall require, 
 permit or suffer its, his or their conductors or drivers, or any 
 of them, or any employees in its, his or their service, or under 
 his, its or their control, to work more than twelve hours during 
 each or any day of twentj^-four hours, and shall make no 
 contract or agreement with such employees, or any of them, 
 providing that they or he shall work for more that twelve 
 hours during each or any day of twenty-four hours. 
 
 794. Any corporation which shall in any manner violate 
 any of the provisions of the preceding section shall be deemed 
 to have misused or abused its corporate powers and franchises, 
 and the Attorney-General of the State, upon the application 
 in writing, made by any citizen of this State, accompanied by 
 sufficient proof of such violation, shall forthwith, without 
 further authorization, institute proceedings for the forfeiture 
 of the charter of such corporation, by petition in the name 
 of the State, in the manner provided by the laws of this State 
 for the enforcement of the forfeiture of the charter of any 
 corporation which has abused or misused its corporate powers 
 or franchises.
 
 286 
 
 795. If any corporation, or any officer, agent or servant of 
 such corporation, or any person or any firm managing or con- 
 ducting any street railway in this State, or any agent or ser- 
 vant of such person or firm, shall do any act in violation of 
 the provisions of section 793, it, he or they shall be deemed 
 to have been guilty of a misdemeanor, and shall, on convic- 
 tion thereof in a court of competent jurisdiction, be fined one 
 hundred dollars for each offence so committed, together with 
 the costs of such prosecution. 
 
 Street Railway Fares. 
 
 796. The United Railways k Electric Company of Balti- 
 more, its successors and assigns, shall charge five cents, and 
 no more, as a fare for the conveyance of each passenger over 
 twelve years of age, and three cents, and no more, for each 
 child between the ages of four and twelve years, from any 
 point on any of its lines to any other point on such lines 
 within the City of Baltimore ; provided, That such Company 
 shall give a free transfer, when the same shall be requested, 
 upon the payment of each cash fare, which transfer shall be 
 good at all points of intersection of lines of said railway for 
 a continuous ride, except at such points on said lines where 
 such form a route so as to permit a passenger to return in the 
 same general direction of tlie line upon which the transfer was 
 issued, the privilege of the transfer not to apply to the ter- 
 minus of any line or route ; jjrovided, That nothing in this Act 
 shall be construed to affect any of the interests of the Mayor 
 and City Council of Baltimore in the said United Railways 
 and Electric Company of Baltimore ; or any of the railways 
 consolidated under the corporated name. 
 
 Park Tax. 
 
 797. The said several passenger street railway companies 
 shall pay to the Mayor and City Council of Baltimore, a tax 
 upon their gross receipts of nine per cent., in quarterly instal- 
 ments, on the first day of January, April, July and October, in 
 each year. 
 
 798. The Board of Park Commissioners, or any agent or 
 agents of the said Commissioners, authorized in writing by a 
 certificate signed by the president and secretar}' thereof, shall 
 have authority and power from time to time, and at any time 
 the said Board of Park Commissioners see fit, to make exami^
 
 287 
 
 nation of the books, accounts and car fare registers of any or 
 all of the street railway companies in the City of Baltimore, 
 for the purpose of satisfying said Board of Park Commissioners 
 that returns of the "park tax" are fairly and correctly made 
 by said companies, and by each and every one of them ; and 
 any street railway company whose oflficers shall neglect or 
 refuse, on demand of said Board of Park Commissioners, to 
 permit the said Commissioners or any agent or agents of said 
 Commissioners authorized in writing as above prescribed, to at 
 any time inspect its said books, accounts and car fare registers 
 or any of them, shall forfeit and pay a fine of (jno hundred 
 dollars for each and every day it shall so neglect or refuse to 
 comply with such demand ; said penalty to be collected by an 
 action of debt in the name of the Mayor and City Council of 
 Baltimore. 
 
 799. On default of any of the street railway companies 
 operating street railway lines within the present City limits, in 
 the payment of the park tax of nine per centum of the gross 
 receipts from all street railway lines Avithin the present City 
 limits, for the term of ten days after the expiration of any 
 quarter, the company or companies so in default shall pay a 
 penalty at the rate of thirty per cent, per annum, on the 
 amount due from it, for the time it shall continue in default; 
 said penalty to be recovered by an action of debt, in the name 
 of the Mayor and City Council of Baltimore. 
 
 800. If any officer, agent or employee of any street railway 
 company within the City of Baltimore shall knowingly, wilfully 
 and corruptly certify to the Board of Park Commissioners a 
 less sum than is actually due as the park tax of nine per centum 
 of the gross receipts from the lines of such company within 
 the City limits, he shall be guilty of a misdemeanor, and on 
 conviction thereof shall suffer imprisonment for not more than 
 six months in jail, or pay a fine of not more than one thousand 
 dollars, or both, in the discretion of the Court. 
 
 Prohibiting Tracks on Certain Streets. 
 
 801. It shall not be lawful for any person or corporation 
 to lay any railway track upon Mount Royal avenue between 
 Guilford and North avenues, or upon Cathedral street between 
 Saratoga street aad Mount Royal avenue, or upon Saint Paul 
 street from Baltimore street northerly to the City limits, or
 
 288 
 
 upon Calvert street from Read street northerly to tlie City limits, 
 or upon Gough street from Bond street easterly to Patterson 
 Park avenue, or upon Broadway from Baltimore street north 
 to North avenue, except upon the streets where tracks are now 
 laid, or upon Caroline street between Preston street and North 
 avenue, or upon Eager street between Park and' Wolfe streets, 
 or upon the old York Road from its intersection with the York 
 Turnpike to Willow avenue, in the City and County of Baltimore, 
 or upon McCulloh street betw een Eutaw street and North 
 avenue, or upon Baltimore street between Patterson Park 
 avenue and Canton street, or on Barclay street, or on Biddle 
 street between Broadway and Maryland avenue, and when 
 the tracks of the Lake Roland Elevated Railway Company 
 shall have been removed from Oak street, Hampden street. 
 Cedar avenue, Elm avenue, and Merryman's Lane, in the 
 City of Baltimore, thereafter it shall not be lawful for any 
 person or corporation to lay any railway tracks upon the said 
 portion of said streets so occupied b}" the said Lake Roland 
 Elevated Railway Company, or upon any of the streets, lanes, 
 avenues and highways above mentioned, without the consent 
 of the General Assembly of Maryland ; provided, that this 
 sub-division of this Article shall not restrict in any way the right 
 of any passenger railway now incorporated, or that may here- 
 after be incorporated, to cross said streets where such railway 
 company shall be authorized by the Mayor and City Council 
 of Baltimore to use any street or avenue opening into or cross- 
 ing said before-mentioned streets or highways- The mainte- 
 nance or laying of any tracks for street railways or other 
 purposes on Cedar avenue, in the City of Baltimore, be and 
 is hereby forbidden. 
 
 EECOEDS. 
 
 802. It shall be the duty of the Clerk of the Superior 
 Court of Baltimore City to formulate and prepare a new plan 
 or system for the indexing of all deeds, conveyances and other 
 papers required by law to be recorded amcmg the land records 
 in his office, and submit the same to the Supreme Bench of 
 Baltimore City for its approval. 
 
 803. Upon the adoption and approval of the plan or system 
 of indexing authorized by the preceding section, the Clerk 
 of the Superior Court of Baltimore City is authoi-ized and 
 directed to make and prepare for use in his said ofHce, a new 
 index of all land records and conveyances in his keeping, upon
 
 289 
 
 the plan or system so adopted and approved, in books suitable 
 for the purpose ; and all deeds and conveyances hereafter 
 recorded among said land records, shall be indexed upon the 
 plan or system aforesaid. 
 
 804. Whenever, from age or wear, any of the record books 
 in the keeping of the Clerk of the Superior Court of Baltimore 
 City shall be in danger of destruction or obliteration, it shall 
 be the duty of the clerk of said court, when required so to do 
 by the Supreme Bench of said City, to renew any such record 
 book by transcribing the same into new books. 
 
 805. The cost of making and preparing such new indexes 
 and records shall be paid out of the fees collected by the 
 Clerk of the Superior Court aforesaid. 
 
 SABBATH. 
 
 806. No vehicle of any description shall be permitted to 
 carry ice upon the streets or highways of Baltimore City, for 
 the purpose of selling the same, on the Sabbath Day, com- 
 monly called Sunday. 
 
 807. If any person or corporation be found guilty of 
 causing or in any way contributing to the violation of the 
 preceding section, he or it shall be subjected to a fine of not 
 more than fifty dollars, in the discretion of the courts. 
 
 SCHOOLS. 
 
 Intestates Estates. 
 
 808. The Orphans' Court of said City shall order and 
 direct the funds arising from intestates' estates that may be 
 administered upon in said court, and which remain undis- 
 tributed for want of legal representatives of the intestates to 
 claim the same, to be paid to the Board of School Commis- 
 sioners. 
 
 809. The Court shall not make such order until they shall 
 be satisfied that the intestate left no legal representatives living 
 at the time of his death ; and they shall cause the administra- 
 tor of such intestates to give notice, by advertisement to be 
 inserted for such periods of time and in newspapers published 
 
 19
 
 290 
 
 in such places as they may deem necessary, that upon default 
 of the appearance of any legal representatiye of the intestate, 
 by a certain day to be fixed by the court and named in said 
 advertisement, the estate of said intestate will be paid to the 
 Board of School Commissioners. 
 
 810. They shall, upon passing an order directing such pay- 
 ment, require from the Treasurer of the Board of School Com- 
 missioners, or any other officer who may be appointed by the 
 said Board of School Commissioners or the Mayor and City 
 Council of said City to receive such funds, a receipt and release 
 to the administrator for the same. 
 
 811. The release shall contain an obligation that the said 
 funds shall be applied by the Board of School Commissioners 
 to the use and support of the public schools of the City of 
 Baltimore, and shall l^e recorded and preserved in said court as 
 other records are. 
 
 812. If the estate of an intestate shall be paid to the Board 
 of School Commissioners under this law, and any legal repre- 
 sentatives of the intestate of no remoter degrees among col- 
 laterals than brothers' or sisters' children, shall at any time 
 appear and prove him, her (u- themselves to be such legal rep- 
 resentatives, the Board of School Commissioners who received 
 such estate, or their successors, if the same shall be in their 
 hands or shall have been applied to the use of the public 
 schools, shall restore the same to such legal representatives 
 out of the school fund under their direction. 
 
 813. Nothing contained in this sub-division of this Article 
 shall be construed to interfere with or afiect the rights vested 
 in the Charitable Marine Society of Baltimore. 
 
 Johns Hopliins University. 
 
 814. The Johns Hopkins University, a corporation duly 
 incorporated by certificate recorded in the office of the Clerk 
 of the Circuit Court for Baltimore County, shall have power 
 to establish branches of the said university in the City of 
 Baltimore, to hold, or to purchase and hold, all property in 
 said City, needed for the successful conducting of the branches 
 of the said university in said City, and to keep and maintain 
 a principal office in said City for the conduct of the business 
 of the said university.
 
 291 
 
 815. The said Johns Hopkins University shall have power 
 to admit students of the said university who shall merit the 
 distinction to the office and profession of surgeon, or to the 
 degree of doctor of medicine, or of doctor of laws, or on 
 bachelor or master of arts ; to grant to students in such 
 university such certificates of proficiency and attainments if 
 any special study as the said university may see proper to 
 confer ; and to grant the honorary degrees of doctor of laws, 
 doctor of medicine, and master of arts, or such other degrees 
 as may be proper, to any person who may merit such distinc- 
 tion, whether such person be a student of such university or 
 not. 
 
 McDonogh Educational Fund and Institute and Other Institutions. 
 
 816. The Mayor and City Council of Baltimore is author- 
 ized, upon the transfer and surrender to it, by the Board of 
 Trustees of the McDonogh Educational Fund and Institute, of 
 the City stock or certificates of indebtedness, in which the said 
 educational fund is now, under the City ordinances, invested, 
 in consideration of such transfer and surrender, to issue and 
 deliver to the said Board of Trustees, the stock or certificates 
 of indebtedness of the Mayor and City Council of Baltimore, to 
 the amount of one million of dollars, in the form prescribed by 
 law for such certificates, redeemable in the year of our Lord 
 nineteen hundred and thirty-eight, and bearing interest, pay- 
 able quarterly, at the rate of five per cent, per annum. To pass 
 an ordinance providing for the said transfer and surrender of 
 said Cit}^ stock or certificates of indebtedness, in which the 
 educational fund derived under the will of John McDonogh, is 
 now invested, and for the issue and delivery to the Trustees of 
 the McDonogh Educational Fund and Institute, in considera- 
 tion of such transfer of said City stock or certificates of indebt- 
 edness of the Mayor and City Council of Baltimore, to the 
 amount of one million of dollars. Before the ordinance which 
 the Mayor and City Council of Baltimore is autliorized and 
 empowered to pass, shall take effect, it shall be approved by a 
 majority of the votes of the legal voters of the said City, cast 
 at the time and places to be appointed by said ordinance for 
 submitting the Eame to the legal voters of said City, as required 
 by section 7 of Article XI, of the Constitution of Maryland. To 
 appropriate annually for the Baltimore Manual Labor School 
 for Indigent Boys, sum or sums of money not exceeding fifteen 
 hundred dollars per annum, l^pon transfer and surrender to 
 it^ by the Peabody Institute of the City of Baltimore, of six
 
 292 
 
 per cent. City stock, to an amount not exceeding five liundrecl 
 thousand dollars, to issue and deliver to the said Peabody 
 Institute, in consideration of such transfer and surrender. 
 City stock in the form prescribed for such certificates by the 
 Baltimore City Code of eighteen hundred and seventy-nine, 
 redeemable in the year of our Lord nineteen hundred and fifty, 
 and bearing interest at the rate of not more than five per cent, 
 per annum, payable quarterly ; and to pass an ordinance 
 providing for such transfer of said stock, and for the issue and 
 delivery to the said Peabody lustitute, in consideration of such 
 transfer and surrender of stock or certificates of indebtedness 
 of the Mayor and City Council of Baltimore, to the amount of 
 not over five hundred thousand dollars, as authorized above, 
 bearing interest at not more than five per cent, per .annum, 
 payable quarterly. 
 
 SEWERS. 
 
 817. If any person shall wilfully stop up, obstruct, injure 
 or damage the passage of the waters of any of the common or 
 private sewers or drains, he shall be fined a sum not exceeding 
 one hundred dollars, to be collected as other fines are collected. 
 
 818. The Mayor and City Council of Baltimore shall have 
 full power to provide for constructing, opening, enlarging or 
 straightening, subject to the provisions hereinbefore contained 
 as to the Board of Public Improvements and the Board of 
 Estimates, any sewer or drain, public or private, through any 
 private property, upon giving thirty days' notice in writing to 
 the owner or agent of said private property, or to one of them, 
 if more than one, leaving such notice at the usual place of 
 abode of such owner or agent, or at the usual place of abode of 
 one of them, if more than one, or if none of said parties live 
 in the City of Baltimore, by setting up said notice on the land 
 or premises, to provide for ascertaining what amount of actual 
 benefit will thereby accrue to the owner or possessor of any 
 ground or improvements within or adjoining the City, being 
 governed as far as practicable by the number of superficial feet 
 drained, and to provide for assessing and levying, either 
 generally on the whole assessable property of the said City, 
 or by a loan for the special purj)ose for constructing, opening, 
 enlarging or straightening any sewer, the sum necessary to pay 
 the expense or cost, or specially on the property of persons 
 actually benefited, the whole or any part of the damages and 
 expenses which they shall ascertain will be incurred in con- 
 
 i
 
 m 
 
 striicting, openings eiilargiiifr or straightening ahy sewer m any 
 street, lane or alley, or tbrougli any private property in said 
 City ; to provide for granting appeals to the court having 
 jurisdiction thereof in Baltimore City, from the decision of any 
 commissioners or other persons appointed in virtue of any 
 ordinance to ascertain the damage which will be incurred or 
 the benefits which will accrue to the owners or possessors of 
 any ground or improvements for constructing, opening, enlarg- 
 ing or straightening in any street, lane or alley, or through any 
 private property, any sewer which in their opinion the public 
 welfare or convenience may require, and for securing to every 
 such owner or possessor the right on application within a 
 reasonable time to have decided by a jury trial whether any 
 damage and what amount of damage has been caused, or 
 whether any benefit and what amount of benefit, has accrued 
 to them ; and to provide for collecting and paying over the 
 amount of compensation adjudged to each person to receive 
 the same, or investing in stock of said corporation, bearing 
 interest of five per centum per annum, for the use of any person 
 who, because of infancy, absence from the City, or other cause, 
 may be prevented from receiving it, before any sewer shall be 
 constructed, opened, enlarged or straightened in any street, 
 lane or alley, or through any private property, and to enact 
 and pass all ordinances from time to time which shall be 
 deemed necessary and proper to exercise the power and effect 
 the objects herein specified. 
 
 819. The amount of benefits assessed on any property for 
 constructing, opening, enlarging or straightening any sewer in 
 any street, lane or alley, or through any private property, con- 
 structed, opened, enlarged or straightened by virtue of any 
 ordinance passed by the Mayor and City Council of Baltimore, 
 shall be a lien on the property and recoverable as City taxes 
 are. 
 
 820. No private sewer or drain shall be constructed, altered 
 or repaired without a permit from the City Engineer. 
 
 821. Before the Mayor and City Council of Baltimore shall 
 pass any ordinance under this Article relating to the con- 
 structing, opening, enlarging or straightening any sewer 
 through any street, lane or alley, or through any private 
 property, notice shall be given of an application for the
 
 294 
 
 passage of such an ordinance in at least two of the daily 
 newspapers of said Citj, twice a week for sixty days. 
 
 822. Before any Commissioners appointed by any ordinance 
 of said corporation under the preceding sections hereof shall 
 proceed to the performance of their duty, they shall give daily 
 notice, in at least two newspapers in the City of Baltimore, of 
 the object of the ordinance under which they propose to act, 
 at least thirty days before the time of the first meeting to 
 execute the same. 
 
 823. Should the Commissioners appointed by the Mayor 
 and City Council of Baltimore assess any part of the expense 
 and damage incurred in the construction, opening, enlarging or 
 straightening any sewer in the City, upon the Mayor and City 
 Council of Baltimore, the said Mayor and City Council of 
 Baltimore may levy a tax on the assessable property of the 
 City for the amount of such assessment, or they may raise the 
 necessary amount by a loan, for the payment of which they 
 may create a sinking fund to meet the liabilities incurred ; and 
 may also levy on the assessable property of the City of Balti- 
 more from time to time such sums as may b© necessary to 
 provide therefor, and for the principal and interest of the 
 liabilities incurred, and may pass all ordinances necessary to 
 carry out the provisions of the same. 
 
 824. The Maj^or and City Council of Baltimore are author- 
 ized to issue the stock of the Cit}' of Baltimore for the amount 
 of five millions of dollars ; said stock to be issued from time 
 to time as the Mayor and City Council of Baltimore shall by 
 ordinance prescribe ; the proceeds of said stock to be used for 
 the opening, widening, repaving and paving of streets, the con- 
 structing of sewers, the supplying of school buildings in the 
 Cit}' of Baltimore, and the improvement of the public parks. 
 The said stock shall be in such amounts, payable at such time 
 or times, and shall bear such rate of interest as the said Mayor 
 and City Council of Baltimore shall provide by ordinance ; 
 but the said stock shall not be issued unless the ordinance 
 which the Mayor and City Council of Baltimore is hereby 
 authorized to enact shall be approved by a majority of the 
 votes of the legal voters of said City, cast at the time and place 
 to be appointed by said ordinance in the provision for submit- 
 ting the same to the legal voters of said City, as required by 
 section 7 of Article XI of the Constitution of the State.
 
 295 
 
 SHERIFFS FEES. 
 
 625. The Sheriff of Baltimore City shall hereafter receive 
 for the services hereinafter recited, fees as follows : 
 
 For serving an attachment of contempt and return, one dollar 
 and fifty cents. 
 
 For an arrest on warrant and return in criminal cases, one 
 dollar. 
 
 STOCKS, LOANS AND FINANCE. 
 
 826. The Mayor and City Council of Baltimore are author- 
 ized and empowered to endorse the bonds of the Baltimore 
 and Eastern Shore Railroad Company, to the extent of ten 
 thousand dollars per mile of said railroad, as the same is com- 
 pleted ; provided, that no such endorsement shall be made until 
 an ordinance of the Mayor and City Council of Baltimore, 
 authorizing and directing the same, and the terms and condi- 
 tions, and mode and manner of making said endorsement shall 
 have been submitted to the legal and qualified voters of the 
 City of Baltimore, at such time and place as may be fixed by 
 said ordinance, to be approved by a majority of votes cast at 
 such time and place; provided further, that the aggregate 
 amount of such endorsements shall not exceed the sum of five 
 hundred thousand dollars, and that the bonds so endorsed 
 shall be secured by first mortgage on the property and fran- 
 chises of said Baltimore and Eastern Shore Railroad, and shall 
 bear interest at a rate not exceeding three and one-half per 
 cent, per annum ; and provided further, that before the said 
 ordinance shall be passed by the Mayor and City Council of 
 Baltimore, or submitted to the voters of said City, the pro- 
 priety of making said endorsement shall receive the approval 
 and endorsement of the Board of Trade of the City of Balti- 
 more, of the Corn and Flour Exchange, of the Merchants and 
 Manufacturers' Association of said Baltimore City, and of the 
 Merchants and Manufacturers' Association of Old Town, 
 expressed by a majority vote of said associations, respectively, 
 and duly certified to the Mayor and City Council of Baltimore. 
 
 STREETS, BRIDGES AND HIGHWAYS. 
 
 Opening Streets. 
 
 827. AVhenever any property shall have been condemned 
 in any form of proceeding for the use of the Mayor and City 
 Council of Baltimore, and in consequence of infancy, insanity, 
 absence from the City, of any person or persons entitled to 
 receive any money awarded in any such proceeding, conflicting
 
 296 
 
 claims, refusal to accept or any other cause, such money can- 
 not be safely or reasonably paid to any person or persons, it 
 shall be lawful for the Mayor and City Council of Baltimore 
 to file a bill or petition in any Court of Equity in the City or 
 County where the property is condemned, or any portion 
 thereof, lies ; and whenever such court shall be satisfied for any 
 of the persons aforesaid that such money ought to be paid into 
 such court, it shall pass such decree as it shall deem proper, 
 and the payment of any money into court under any such decree 
 or order shall be considered in all respects equivalent to a 
 tender thereof to any person or persons entitled to such money 
 and who may be made a proper party to such proceeding. 
 
 828. Before they shall pass any ordinance under section 6 
 of this Article, paragraph "Streets, Bridges and Highways," 
 relating to the laying out, opening, extending, widening, 
 straightening or closing up, in whole or in part, of any street, 
 square, lane or alley within Baltimore City, notice shall be 
 given by advertisement published once a week for six consecu- 
 tive weeks in two of the daily newspapers in the said City, that 
 application shall be made for the passage of such ordinance, 
 which notice shall set forth clearly, in the case of laying out, 
 opening or extending any street, square, lane or alley, the 
 length or width of such street, square, lane or alley, or part 
 thereof to be laid out, opened or extended, and in the 
 case of widening or straightening shall set fortli clearly 
 both the present and the intended width, and also the length 
 of any street, lane or alley, or part thereof intended to be 
 widened or straightened, and in case of closing shall set forth 
 clearly the length and width of the street, lane or alley, or any 
 part thereof, intended to be closed ; and notice shall also be 
 given by filing in the office of the Commissioners for Opening 
 Streets on or before the first day of such publication, a map on 
 the scale, not smaller than fifty feet to the inch, prepared by 
 some competent surveyor, whose name shall be signed to the 
 same, which, in case of laying out, opening, extending, widen- 
 ing or straightening shall show the course and the lines of the 
 projected improvement, and also the lots and buildings thereon 
 which shall be taken or destroyed, in whole or in part, and 
 which, in the case of closing, shall show the street, lane or alley, 
 or part thereof, intended to be closed, and also the abutting 
 lots and improvements thereon. It shall be the duty of the 
 Commissioners to endorse on said map their names, with the 
 date of it being filed in their office, and to keep the said map
 
 297 
 
 where the public may have access to it, whenever sairl map 
 may be needed for the purpose of being shown at any meeting 
 of the City Council or of any committee thereof, they may, on 
 the written order or request of the President of either Branch 
 of the City Council or of the chairman of such committee, and 
 on obtaining his receipt therefor, allow the said map to be 
 taken from their office for that purpose, to be returned on the 
 following day. 
 
 829. Before any commissioners appointed by any ordinance 
 of said corporation under the two preceding sections shall pro- 
 ceed to the performance of their duty, they shall give notice in 
 at least two of the daily newspapers in the City of Baltimore 
 of the object of the ordinance under which they propose to 
 act, at least thirty days before the time of their first meeting 
 to execute the same. 
 
 830. A tenant for ninety-nine years, or for ninety-nine years, 
 renewable forever, or the executor or administrator of such 
 tenant, or the guardian of an infant owner, or a mortgagee in 
 possession, shall be deemed and taken as an owner for the 
 purposes of any application to the Mayor and City Council 
 authorized by this sub-division of this Article ; and the applica- 
 tion of any such person shall bind the property so represented 
 for any assessment or tax made under an ordinance passed in 
 pursuance of the provisions of this sub-division of this Article. 
 
 831. Where real estate within the said City has been or may 
 be divided according to law among heirs, legatees, joint tenants 
 or tenants in common, entitled to the same, and such division 
 calls for any of the streets, lanes or alleys, of any part thereof 
 surveyed and laid off under the Act of 1817, chapter 148, or 
 reserves any of the said streets, lanes or alleys, or any part 
 thereof, as open, and divides such estate with reference thereto, 
 the Mayor and City Council of Baltimore may, on application 
 of one or more persons interested in the ground to be taken on 
 such application, adopt and sanction by ordinance the principle 
 under which such division was had, and open any of the said 
 streets, lanes or alleys, or any parts thereof, in the said division 
 reserved or recognized ; provided, at least one week's notice in 
 the newspapers of said City (the cost of the advertisement to 
 be paid by the applicants), be given of such application before 
 any such ordinance shall pass.
 
 832. All the streets, lanes or alleys opened in tlie manner 
 directed in the preceding section shall be public highways, and 
 be subject to the laws, regulations and ordinances applicable 
 to public streets, lanes or alleys, or parts thereof, in said City. 
 
 833. They may, on application of the owners of a majority 
 of feet in front of any private wharf, dock, street, lane or 
 alley, cause the same to be paved, cleaned out, mended or 
 otherwise repaved or kept in good condition or repair, and may 
 impose upon and collect from all the proprietors of the 
 property so to be cleaned out or repaired, a tax sufficient in 
 amount to defray the expenses thereof, which shall be assessed 
 upon the proprietors in proportion to the number of feet held 
 by them, respectively, in front or length, and shall be collected 
 by the Mayor and City Council of Baltimore as taxes levied 
 for paving public streets. 
 
 834. Whenever the Commissioner of Health shall certify 
 in writing to the Mayo^' that it is necessary for the health of 
 the City to alter the grade of any street, lane or alley on low 
 or made ground, the Mayor shall issue his order to the City 
 Engineer, who shall thereupon call upon the several property- 
 holders on such street, lane or alley, and procure from them 
 their assent in writing to such alteration ; and if any property- 
 holder shall refuse to permit the same to be graded, and shall 
 require damages therefor, and cannot agi'ee with the City 
 Engineer as to the amount of damages, or should there be any 
 legal disability on the part of those owning property on such 
 street, lane or alley, the Judge of the Baltimore City Court, on 
 application of the corporation, shall appoint three disinterested 
 persons to assess such damages, who shall return on oath their 
 award to said court, and the same shall be confirmed by the 
 court unless cause to the contrary be shown ; in whicli case the 
 court shall at the first term thereafter decide finally thereon ; 
 and when the damages so assessed or agreed upon shall be paid 
 by the Mayor and City Council of Baltimore to the persons so 
 assessed, and legally entitled to receive the same, the Mayor 
 and City Council of Baltimore may proceed to regrade and 
 pave the said street, lane or alley. 
 
 835. The president, directors and companies of the differ- 
 ent turnpike companies owning roads running into the City of 
 Baltimore, may cede to said City such parts of said roads as
 
 ^99 
 
 lie within the corporate limits of said City ; and the same, wheii 
 ceded, shall be in all respects subject to the same regulations 
 as unpaved public streets. 
 
 836. The Mayor and City Council of Baltimore be and it 
 is hereby authorized and empowered to accept from the owners 
 thereof, a deed of the land lying in the bed of Eutaw Place 
 extended, between North avenue on the southeast and Druid 
 Hill Park on the northwest, in consideration of an agreement 
 on the part of said grantee, to be incorporated therein, that no 
 street car or other railroad tracks shall at any time thereafter 
 be located or placed on any part thereof. 
 
 837. That upon the execution of said deed and acceptance 
 thereof by the Mayor and City Council of Baltimore embody- 
 ing said contract prohibiting the locating or placing car tracks 
 upon any part of the land so to be granted, the said contract 
 shall be and is hereby declared to be forever thereafter 
 inviolable; provided, how^ever, that nothing herein contained 
 shall prevent the Mayor and City Council of Baltimore from 
 authorizing by ordinance the location or construction of car 
 tracks on such part of the bed of said street as are contained 
 within the limits of intersecting or cross streets that are now 
 or may hereafter be provided for by ordinance of said Mayor 
 and City Council of Baltimore. 
 
 North Avenue. 
 
 838. The bed of North avenue, throughout its entire length, 
 shall in all respects be hereafter held as the bed of any other 
 street or avenue in Baltimore City, so far as the same be laid 
 down on Poppleton's map of Baltimore City, and subject to all 
 the conditions or requirements of any other street or avenue 
 in said City ; and any and all of the ground fronting thereon, 
 whether in Baltimore City or County, shall, in the event of said 
 avenue, or any part thereof, being graded, curbed, paved, shelled, 
 graveled, or in any like manner improved, be subject to the 
 same assessment for the cost of said grading, curbing, paving, 
 graveling, shelling or like improvement, as would be the case , 
 with ground fronting on any other street or avenue in the City, 
 similarly to be improved as aforesaid ; and such ground and 
 the owners and representatives thereof shall in such event be 
 held liable for said assessments, and the said avenue be subject 
 to all the Acts of Assembly and ordinances of the Mayor and
 
 m 
 
 City Council of Baltimore Avliich are now of may be liereaftei" 
 in force and applicable for grading, curbing, paving, graveling, 
 shelling or any like improvement of streets or avenues in Bal- 
 timore City. 
 
 Bridges and Hiyhaays. 
 
 839. The bridges which the County Commissioners of Bal- 
 timore County have heretofore agreed to build within the limits 
 of the territory which has become annexed to Baltimore City 
 under the Act of 1888, chapter 98, shall be completed by the 
 City of Baltimore ; and all bridges within the limits of said 
 territory shall be maintained and kept in repair for public 
 travel at the expense of Baltimore City ; all bridges crossing 
 the Patapsco river from said City, including the bridge known 
 as the "Long" or Light Street Bridge, shall be maintained and 
 kept in repair for public travel at the sole expense of the said 
 City of Baltimore. 
 
 840. No avenues, streets or alleys within the territory 
 annexed to the City of Baltimore by the Act of 1888, chapter 
 98, shall hereafter be opened, established or condemned, nor 
 shall the dedication of any avenue, street or alley hereafter 
 made in said territory be accepted by the Mayor and City 
 Council of Baltimore, unless the lines and grades of said 
 avenues, streets or alleys be opened, established, condemned 
 or dedicated to conform to the plans, plats or surveys, defined 
 by the topographical survey of the City of Baltimore, prepared 
 under the supervision of Henry T. Douglas, chief engineer, 
 unless otherwise provided in an Act of Assembly ; ])rovided, 
 that the plan of said topographical survey shall be approved 
 by an ordinance or formal resolution of the Mayor and City 
 Council of Baltimore. 
 
 841. All streets, avenues or alleys lying in that portion of 
 Baltimore City, formerly constituting a portion of Baltimore 
 County, and in pursuance of the Act of the General Assembly 
 of Maryland of 1888, chapter 98, recently annexed to the said 
 City of Baltimore, which had prior to such annexation become 
 streets, avenues or alleys in Baltimore County, whether by 
 deed or dedication, shall be held for all purposes to validly 
 constitute streets, avenues or alleys of Baltimore City, in all 
 respects as if the same had been legally condemned as such by 
 the Mayor and City Council of Baltimore.
 
 301 
 
 SUB\'EYOR. 
 
 842. A copy of the plat of the City of Baltimore from the 
 record thereof in the Mayor's office, or from the record thereof 
 in the office of the Clerk of the Superior Court of Baltimore 
 City, duly certified under seal by the keeper of such records, 
 respectively, shall be evidence. 
 
 TAXES. 
 
 843. All taxes now levied, or which hereafter may be levied 
 in the City of Baltimore, shall be collected within four years 
 from the levying of the same ; and the collection of taxes shall 
 not be enforced by law after the lapse of said four years, and 
 the party from whom said taxes may be demanded may plead 
 this section in bar of any recovery of the same. Any person 
 enforcing or attempting to enforce the collection of any tax 
 after the lapse of four years, shall be liable to a penalty of 
 twenty dollars for each and every offence, recoverable before a 
 Justice of the Peace, in the name of the State, one-half to the 
 informer, the other half to the City of Baltimore. 
 
 TENANTS FOR YEARS OR LESS OR AT WILL. 
 
 844. Where any lands or tenements in the City of Balti- 
 more are held from year to year, the tenancy shall be termi- 
 nated if the lessor give to the tenant ninety days' notice before 
 the end of the year. 
 
 845. If any land be held in said City under a lease for a 
 month, or any less period than a year, and the tenant con- 
 tinues to occupy under such lease after its expiration, he shall 
 be deemed a tenant for such period as the premises were 
 originally leased to him, and so from such period to such 
 period ; and if his landlord give him thirty days' notice before 
 the termination of any period of his tenancy, it shall termi- 
 nate such tenancy. 
 
 846. If lands or tenements be held in said City by tenancy 
 at will, at sufferance or prir autre vie, thirty days' notice by the 
 landlord or reversioner to the tenant or occupant shall termi- 
 nate such tenancy at the expiration of thirty days. 
 
 847. Any of the tenancies mentioned in the three preceding 
 sections may be terminated by the tenant's giving notice to the 
 landlord thirty days previous to the end of the year, or other 
 period for which he holds the same.
 
 302 
 
 848. The notice required by the preceding sections shall be 
 in writing and served on the tenant, or left at his place of 
 abode or business, or served on his agent or servant, or served 
 on any occupant of the premises ; and if there be no person 
 living on the premises the same may be served by being set 
 up on a conspicuous part of the premises. 
 
 849. Such notice shall be sufficient in form if it contains a 
 request by the landlord to the tenant to leave the premises, or 
 if it state the intention of the tenant to leave the same, and it 
 need not state the time when the tenant is requested to leave 
 the same, or when the tenant intends to do so. 
 
 850. Such notice, without any additional notice, sljall entitle 
 the landlord to the benefit of the law providing for the speedy 
 recovery of the possession of lands or tenements held over by 
 tenants. 
 
 851. If by agreement of the parties the time and manner 
 of notice is specified, such notice shall be given as the agree- 
 ment provides, and when given by the landlord, shall entitle 
 him to all the benefits of the preceding sections, without any 
 other notice. 
 
 852. One Justice of the Peace of said City shall have all 
 the powers conferred upon two justices and a jury by the 
 Public General Laws in relation to landlords and tenants, 
 subject to appeal as in other cases of judgments by Justices 
 of the Peace in said Citv. 
 
 853. If the summons issued for the tenant in a proceeding 
 to dispossess him be returned iion est, a second summons, 
 returnable in not less than five days shall be issued, and if the 
 tenant shall not be found, a copy of the second summons shall 
 be left with the occupant of the premises, or if they be vacant, 
 affixed to some principal building, or if no building, then set 
 Tip on the premises ; and on the day assigned in the summons 
 for the appearance of the party the Justice shall proceed as 
 if he had appeared. 
 
 854. The landlord or reversioner may file with the Justice 
 interrogatories to be answered by the tenant touching the 
 tenancy or notice, or for any other matter of evidence in sup-
 
 303 
 
 port of the pretensions of said landlord or reversioner, in and 
 about such proceeding. 
 
 855. If a copy of such interrogatories be served on the 
 tenant, he shall answer the same before the third day, exclu- 
 sive of the day of service ; and upon his failure to answer the 
 matters inquired of by such interrogatories, they shall be taken 
 as confessed by him ; but on cause shown, the Justice may 
 give further time for ansAvering, not exceeding eight days in 
 the whole, from and exclusive of the day of service. 
 
 856. The copies of said interrogatories may be served in 
 the same manner that notices to quit are directed to be served. 
 
 857. If in any proceeding by a landlord to dispossess a 
 tenant the judgment be in his favor, the Justice shall assess 
 against the tenant holding over the premises, damages not 
 exceeding double the rate of the rent of said tenancy, and also 
 for the expenses of said landlord or reversioner in and about 
 said proceeding, over and above the legal costs thereof, and 
 shall render a judgment therefor in favor of the lessor or 
 reversioner, to be enforced by execution. 
 
 858. If the Justice shall find against the landlord or rever- 
 sioner he shall assess such damages as he shall deem just to be 
 paid by him to the tenant, for which, and costs, judgment shall 
 be rendered and enforced as aforesaid. 
 
 859. In all cases the tenancy mentioned in this sub-division 
 of this Article, if the tenant, after notice, fail to quit at the end 
 of the term, or at a period when he shall begin as aforesaid to 
 be holding over, such tenant, his executors or administrators, 
 may, at the election of the lessor, his heirs, executors, admin- 
 istrators or assigns, be held as a tenant and bound to pay 
 double the rent to which the said tenancy w^as subject, and 
 payable and recoverable in all respects and to every effect as 
 if, by the original agreement or the understanding as to such 
 tenancy, said double rent were the reserved rent of the demised 
 premises, according to the terms and conditions of payment of 
 such originally reserved rent. 
 
 860. An appeal may be prosecuted from any judgment of a 
 Justice of the Peace rendered under the provisions of this sub-
 
 304 
 
 division of this Article to the Baltimore City Court, in the 
 manner and under the rules prescribed in cases within the 
 ordinary jurisdiction of Justices of the Peace ; the tenant, or 
 his executors or administrators, in order to stay any execution 
 of the judgment against them, giving, on such appeals, bond 
 with security, wi-th condition to j^rosecute the appeal with 
 eflfect, and to answer to the landlord, his executors and admin- 
 istrators, all costs and damages mentioned in the judgment, 
 and such as shall be further incurred and sustained by reason 
 of said appeal and the delay thence arising. 
 
 861. Such cases shall not be removable to the Baltimore 
 City Court, at any stage thereof, save by and upon appeal as 
 aforesaid. 
 
 862. No proceeding to dispossess a tenant holding over, 
 had before any Justice of the Peace and removed by appeal to 
 the Baltimore City Court, shall by such court be reversed or 
 set aside for matter of form ; and any case thus removed by 
 appeal, if the proceeding thereunder shall be set aside or 
 appear to be substantially defective, shall be proceeded with in 
 said court in the same manner and to the same effect, upon 
 the claim and complaint and merits, and upon evidence to be 
 adduced therein as it was or might have been competent to 
 said Justice of the Peace to have proceeded therewith. 
 
 863. Every such appeal shall be tried and finally deter- 
 mined and proceeded with at the first term to which such case 
 shall be removed to the said court, unless for cause shown 
 upon affidavit the court shall otherwise order. 
 
 864. The provisions of the preceding sections of this sub- 
 division of this Article, relating to tenants holding over, shall 
 extend to the heirs, executors and assigns of lessors and rever- 
 sioners, and to the executors and all persons holding under 
 tenants, and to all cases where there are two or more tenants, 
 in which case each tenant shall be entitled to the notices and 
 the benefit of each condition contained in the preceding sec- 
 tions of this sub-division of this Article. 
 
 VAGRANTS, PAUPERS, BEGGARS, VAGABONDS AND DISORDERLY 
 
 PERSONS. 
 
 865. The Judge of the Criminal Court of Baltimore, or any 
 Justice of the Peace of the City of Baltimore, upon informa-
 
 305 
 
 tion that any person in said City is a pauper, an habitual 
 beggar, a vagrant, a vagabond or disorderly person, shall issue 
 a warrant or order, to be directed to the Sheriff or any con- 
 stable or police officer of said City, commanding him to bring 
 the person against whom the information is given, before said 
 Court or said Justice on a day to be named therein, not more 
 than one week from the date of the warrant, to answer to the 
 said charge. 
 
 866. Every person who has no visible means of mainte- 
 nance from propert}^ or personal labor, or is not permanently 
 supported l)y his or her friends or relatives, and lives idle, 
 without employment, shall be deemed a pauper ; and every 
 person who habitually wanders about and begs in the streets, 
 or from house to house, or sits, stands or takes a position 
 in any place and begs from passers-by, either by Avords or 
 gestures, shall be deemed an habitual beggar; and every per- 
 son who wanders about and lodges in outhouses, market-places, 
 or other public buildings or places, or in the open air, and has 
 no permanent place of abode, or visible means of maintenance, 
 shall be deemed a vagrant; and every person who leads a 
 dissolute and disorderl}' course of life, and cannot give an 
 account of the means by Avhich he procures a livelihood, and 
 every fortune-teller or common gambler, shall be deemed a 
 vagabond or disorderly person. 
 
 867. Police officers, acting on the request of any person, or 
 upon their own information or belief, shall, without a warrant, 
 arrest and carry before a station-house Justice for examination 
 any such pauper, habitual beggar, vagrant, vagabond or dis- 
 orderly person, and make complaint against him; provided, 
 that in all cases where such arrest is made on request of any 
 person and without warrant, the officer making the arrest shall 
 require the person requesting it to forthwith appear before said 
 Justice and prefer a charge, under oath, against the person so 
 arrested. 
 
 868. The said Court or said Justice, upon proof that any 
 person is a pauper, an habitual begger, a vagrant, or a vaga- 
 bond as aforesaid, shall in the discretion of the said Court or 
 Justice commit said pauper, habitual beggar, vagrant or vaga- 
 bond to the Maryland House of Correction, or to such other 
 suitable place as may hereafter be provided for said purpose 
 
 20
 
 306 
 
 by the Mayor and City Council of Baltimore ; provided, that 
 any person found to be a pauper or an habitual beggar who 
 may not be able-bodied, but aged, or seriously crippled or 
 infirm, may in the discretion of said Court or Justice be com- 
 mitted to the Almshouse for said City ; and that any minor 
 committed under this Section may be sent to any reformatory 
 institution to which minors may be committed under Article 27 
 of the Code of Public General Laws. 
 
 869. Whenever any house of refuge, house of correction, 
 w^orkhouse or other house, building or place shall be provided 
 by the Mayor and City Council of Baltimore, to which persons 
 convicted under this sub-division of this Article may be sent, 
 the said Court or said Justice may send them to any such 
 house, building or place, if the Judge of said Court or said 
 Justice consider it to be a more suitable place for the purpose 
 than the Almshouse. 
 
 870. The Supervisors of City Charities, or the officers of 
 places respectively to which persons convicted under the two 
 preceding sections may be sent, shall keep them during the 
 time for which they are to be kept, so that they cannot escape 
 from said places. 
 
 871. The said Supervisors of City Charities or other officers 
 respectively shall put such of said persons so convicted as are 
 able to w^ork, to the w^ork which they are best able to do. 
 
 872. The time for which any person shall be sent to the 
 almshouse, the Maryland House of Correction or other place, 
 as provided by section 868 of this Article, shall not be less 
 than one week nor more than two months for the first convic- 
 tion, and not less than one month nor more than six months 
 for the second conviction, and not less than six months nor 
 more than twelve months for the third or any subsequent 
 conviction. 
 
 873. The Supervisors of City Charities or the managers of 
 the House of Refuge or officers of the other places to which 
 persons may be sent as aforesaid, shall respectively have the 
 right to make all proper rules and regulations for the purpose 
 of carrying out the aforesaid provisions.
 
 307 
 
 874. Whenever any minor shall be brought before the 
 Judge or Justice as aforasaid, the parents or guardians of such 
 minor, if thej be resident within the City of Baltimore, and 
 their names and place of residence be made known to such 
 Judge or Justice, shall be summoned to show cause, if any they 
 have, wh}' such minor should not be sent to the almshouse or 
 other suitable place, or be otherwise punished according to 
 law. 
 
 875. The said Judge or Justice shall, if a suitable master 
 or mistress can be found, and he judges it best for the minor, 
 bind such minor an apprentice to some useful art, trade or 
 occupation, in the same manner and on the same conditions as 
 apprentices may now be bound by the laws of this State. 
 
 876. Every unmarried male under twenty-one years of age, 
 and unmarried female under eighteen years of age, shall be 
 considered minors within the meaning of the preceding section. 
 
 877. The Orphans' Court of Baltimore City shall have con- 
 current jurisdiction over all cases of minors under the pre- 
 ceding sections of this sub-division of this Article, and exer- 
 cise all the powers in relation to them which are hereinbefore 
 granted to the Criminal Court and to Justices of the Peace of 
 said City. 
 
 878. The Criminal Court of Baltimore City shall try all 
 cases which may be brought before it in relation to vagrants 
 and beggars, in the same manner and at the same time as 
 cases for assault and battery are now tried by said court ; pro- 
 vided, that the trial shall be by jury, if demanded by the party 
 charged. 
 
 879. If any ease which may be brought before a Justice 
 of the Peace, or before tlie Orphans' Court, the party charged 
 shall demand a jury trial, the said Justice or said Court shall 
 certify said case to the Criminal Court of Baltimore, to be 
 proceeded with and tried by said Court in the same manner as 
 if the case had been originally brought before said Court. 
 
 880. The Justice of the Peace and the Clerk of the Crim- 
 inal Court and Kegister of Wills of the Orphans' Court afore- 
 said, respectively, shall receive the sum of twenty-five cents
 
 308 
 
 for issuing every warrant, and fifty cents for making out every 
 commitment or indenture of apprenticeship of such vagrants 
 or beggars ; and the constable, Sheriff or police officer, for 
 serving said warrant and bringing the person charged before 
 either of said Courts, or before said Justice, shall receive the 
 sum of fifty cents, and for carrying any person committed to 
 the place of commitment, the sum of fifty cents, which several 
 sums shall be paid as other costs in criminal cases are now 
 paid ; but either of said Courts or said Justice may at discre- 
 tion, adjudge that the said costs shall be paid by the informer, 
 in cases where the person charged is acquitted. 
 
 VAGRANT CHILDREN. 
 
 881. No minor, if a girl, under the age of sixteen years, 
 and if a boy, under the age of fourteen years, shall be admitted 
 or permitted to remain in any saloon, place of entertainment 
 or amusement known as dance-houses, concert saloon, theatre 
 or varieties, where immoral, indecent, obscene or vulgar lan- 
 guage, display or performance is permitted, allowed or carried 
 on, or where any spirituous liquors, wines, intoxicating or 
 malt liquors are sold, exchanged or given away, unless accom- 
 panied by parents or guardian. Any proprietor, keeper or 
 manager of any such place who shall admit such minor to or 
 permit him or her to remain in sucli place, unless accompanied 
 by parent or guardian, shall be guilty of a misdemeanor, and 
 shall, upon conviction by any court of competent jurisdiction, 
 be fined ten dollars and costs for each and every offence. 
 
 882. Every person having the custody of any girl under 
 the age of sixteen years and of any boy under the age of 
 fourteen years shall restrain such child from habitually beg- 
 ging, whether actually begging or under the pretence of ped- 
 dling. Any person offending under this section shall be con- 
 sidered and deemed as incapable of taking care of and pro- 
 viding for such child, and such child, by reason thereof, be 
 deemed as coming within the conditions of the next succeed- 
 ing section, 
 
 883. Any girl apparently under the age of sixteen years, 
 and any boy apparently under the age of fourteen j^ears, that 
 comes within any of the following descriptions named : that is 
 known to be habitually begging or receiving alms, whether 
 actually begging or under the pretence of peddling or offering
 
 809 
 
 for sale anything, or being in any street, road or public place 
 for the purpose of so begging, gathering or receiving alms ; 
 that is found wandering and not having any home or settled 
 place of abode or proper guardianship or visible means of 
 subsistence ; that is found destitute, either being an orphan or 
 having a vicious parent who is undergoing penal servitude or 
 imprisonment ; that frequents the company of reputed thieves 
 or prostitutes, or houses of assignation or prostitution, or 
 dance-houses, concert salogns, varieties, or places specified in 
 section 881 hereof, without a parent or guardian, shall be 
 arrested and brought before a Court or Justice of the Peace. 
 When, upon examination before a Court or Justice of the 
 Peace it shall appear that any such child has been engaged in 
 any of the aforesaid acts, or comes within any of the aforesaid 
 descriptions, such Court or Justice, when he shall deem 
 expedient for the welfare of the child, shall commit such child 
 to an orphan asylum, charitable or other institute, or make 
 such other disposition thereof as now is or may hereafter be 
 provided by law in case of vagrants, truant, disorderly, pauper 
 or destitute children ; provided, however, that none of the 
 provisions of this sub-division of this Article shall be con- 
 strued so as to prevent children from selling or offering for 
 sale newspapers. 
 
 884. Any person representing himself or herself to be, or 
 passing himself or herself oft' as the parent or guardian of a 
 child or children referred to in any of the aforesaid sections of 
 this sub-division of this Article, when it shall ajjpear that such 
 person is not either the parent or guardian of said child, shall 
 be deemed guilty of a misdemeanor, and upon conviction by 
 any court of competent jurisdiction shall be fined not more 
 than twenty dollars and costs for each and every offence. 
 
 Boys' Home. 
 
 885. The special objects and purposes of the Boys' Home 
 Society shall be to shelter and protect destitute and homeless 
 boys, to furnish them with food, raiment and lodging, to stim- 
 ulate them to honest efforts to earn a livelihood, to instnict 
 them after working hours in moral and religious truths and in 
 the rudiments of education, to aid and encourage them out of 
 vagrancy and ignorance, to raise them up into a better life of 
 virtue, industry and usefulness, and generally to stand in the 
 relation of parent to such homeless boys.
 
 810 
 
 886. The Boys' Home shall have authority to pl'ocure the 
 commitment of any minor in the Home, either to the House of 
 Refuge or to any other reformatory institution, in all cases 
 where, by reason of incorrigible or vicious conduct such minor 
 has rendered his control beyond the power of the superintend- 
 ent of said Home, and made it manifestly requisite that from 
 regard for the morals and future welfare of such minor and the 
 peace and order of society he should be placed in such 
 reformatory institution ; and the said society shall proceed iu 
 all such cases in the same manner in all respects as the parent 
 or guardian of such minor might or could do under existing 
 laws. 
 
 887. The said society shall have power to place the boys 
 committed to their care, during the minority of such boys, at 
 such employments and cause them to be instructed in such 
 branches of useful knowledge as may be suited to their years 
 and capacities. 
 
 Dolan CMldrens Aid Society. 
 
 888. The Dolan Children's Aid Society, under the charge 
 of the Young Catholics' Friend Society, may exercise all the 
 powers conferred by law upon any other children's aid society 
 in the City of Baltimore. 
 
 Hebrew Oiyhan Asylum. 
 
 889. The Hebrew Orphan Asylum of Baltimore City, and 
 the officers and board of directors thereof, subject to the 
 power hereinbefore in this Article conferred upon the Super- 
 visors of City Charities, shall have the exclusive care, charge, 
 custody and control of all children whom they shall receive 
 into said asylum, until they shall be, if males, twenty-one 
 years old ; if females, eighteen years old, or any shorter 
 period for which they may be received by said corporation ; 
 and to bind them out for a time not exceeding said ages of 
 twenty-one and eighteen years, respectively, or such shorter 
 period as aforesaid, as apprentices to learn any profession, 
 trade, business or useful occupation ; or may, under terms 
 proper in the view of the said officers and board of directors, 
 and to be stipulated by them, place them for adoption, or as 
 inmates with any families or persons ; said corporation, in the 
 exercise of any of these powers of binding or placing out, not 
 being limited to places within this State ; and all such acts of 
 binding or placing out being required to be in writing, signed
 
 m 
 
 Iby the ptesicleiit or vice-president of said corporation, and by 
 the persons taking the children as apprentices as aforesaid, and 
 acknowledged by said signers before a Justice of the Peace of 
 Baltimore City, Notary Public, or a Commissioner of Deeds of 
 the State of Maryland, and recorded in the office of the Register 
 of Wills of Baltimore City. 
 
 Home of the Friendless. 
 
 890. The Justices of the Peace for Baltimore City may 
 commit to or the Supervisors of Charities may place in the 
 care and charge of the Home of the Friendless, instead of 
 sending to the almshouse, all children, whether male or female, 
 who are destitute or suffering for want of support, or who may 
 be found begging about the streets of the City, or who are 
 children of beggars. 
 
 891. The Home of the Friendless, and the managers 
 thereof, subject to the powers hereinbefore in this Article 
 conferred on the Supervisors of City Charities, may retain 
 the said children under their care until they shall be eighteen 
 years of age, or for any shorter period, and may bind them 
 out for a time not to exceed the age of eighteen years in the 
 case of females, and of twenty-one years in the case of males, 
 as apprentices to learn any trade or business, or in the case of 
 females, also to learn to be useful in housewifery, or may 
 under terms proper, in view of the said managers, and to be 
 stipulated by them, place them for adoption, or as inmates 
 with any families or persons ; and the said corporation in the 
 exercise^ of any of the powers vested in them by this section, 
 of binding or "placing out said minors, shall not be limited to 
 places within this State. 
 
 892. All instruments binding or placing out said children 
 shall be in writing, signed by the president and at least two 
 managers of said corporation, and by the persons taking the 
 children as apprentices or otherwise, and shall be acknowledged 
 by the person signing the same before a Justice of the Peace 
 for Baltimore City, and within six months from the date_^thereof 
 recorded in the office of the Register of Wills of said City.- 
 
 893. If any parent or guardian or any Judge of the 
 Orphans' Court of Baltimore City, or any Justice of the Peace 
 for said City shall place under the care and control of the
 
 ai2 
 
 Home of the Friendless, any child, whether male or female, 
 under the age of eighteen years, of the description of children 
 hereinbefore mentioned, or as suffering through the extreme 
 indigence or vagrancy or bad habits or neglect of parents, or 
 from cruelty of intemperate parents, or as being illegitimate, 
 or children of persons out of the State without sufficient 
 sustenance, the said corporation and the managers thereof shall 
 hold and control such children, with power to bind or place 
 them out as hereinbefore provided, subject, however, to the 
 powers hereinbefore in this Article conferred on the Supervisors 
 of City Charities. 
 
 894. Any constable or police officer of said City, upon 
 application of any manager of the Home of the Friendless, or 
 of his own accord, may carry before any Judge of the 
 Orphans' Court for said City, or any Justice of the Peace, any 
 child of the description mentioned in the preceding section, to 
 be dealt with as therein provided. 
 
 Protestant Infant Asylam. 
 
 895. The Protestant Infant Asylum of Baltimore City, a 
 corporation duly incorporated under the laws of this State, 
 subject to the powers as hereinbefore in this Article conferred 
 upon the Supervisors of the City Charities, is authorized 
 and empowered to receive into its custody, care and control, 
 all such foundlings and orphans and other destitute infants 
 under the age of four years as shall be committed, by 
 instrument of writing, under the hand of the party so com- 
 mitting to its keeping, by the parent, guardians or others having 
 the right of disposition, or by any Orphans' Court or Justice 
 of the Peace of this State (if of the class of children whom 
 such Court or Justice could lawfully bind out as apprentices, 
 which commitment to the said Protestant Infant Asylum of 
 Baltimore City such Orphans' Courts and Justices are hereby 
 empowered to make), and retain under its care, charge and 
 restraint each of such foundlings and infant children so com- 
 mitted to its keeping until he or she shall have attained the full 
 age of fourteen years, or for any shorter period, and at or before 
 said age to bind out any and every one of said foundlings and 
 infants for a term of time not exceeding the age of twenty-one 
 years, if the child be a male, or of eighteen years, if the child 
 be a female, as an apprentice to learn any trade or business 
 suitable to the sex of the child, or to learn to be useful in house-
 
 m 
 
 wifery, or to place them for adoption or as inmates with any 
 families or persons, or transfer them to the custody, charge, 
 care and training of any corporate or other home, asylum or 
 other association authorized by law to receive such children, 
 and retain or bind them out in this State ; provided, that all such 
 acts of binding, placing or transferring shall be evidenced by 
 instrument of writing, signed by the president of said Protestant 
 Infant Asylum of Baltimore City, and by the person or corpo- 
 ration taking such child as apprentice, or for adoption, or for 
 subsequent custody, care and rearing, and by such signers 
 acknowledged before a Justice of the Peace of this State, and 
 within one month from the date thereof recorded in the office 
 of the Register of Wills of Baltimore City, at the expense of 
 the party so taking, receiving or adopting ; and provided, also, 
 that the said Protestant Infant Asylum of Baltimore City shall 
 keep a fair record, in a suitable book, of tlie admission of all 
 children so received into its custody and care, in which shall 
 be stated the date of admission, the name and age of the child 
 at the time of admission, the name of the person or justice by 
 whom or the Court by which committed, and the name of the 
 nearest relatives when known to the corporation or its officer 
 charged with the admission of inmates. 
 
 St. Vincent's Orplian Asylum. 
 
 896. Any Justice of the Peace of the City of Baltimore may 
 commit to, or the Supervisors of City Charities may place in 
 the care of the St. Vincent's Orphan Asylum of the City of 
 Baltimore, foundlings and all children who may be destitute 
 or suffering for want of support, either as orphan children or 
 because of the extreme indigence or vagrancy, or bad habits 
 or neglect of parents, or who may be found begging about the 
 streets of said City, or who ma}' be the children of beggars ; 
 provided, however, that such children shall be under the age 
 of six years when so committed, and that the commitment 
 shall be in writing, signed by the person making the same. 
 
 897. All children who shall be committed or placed as 
 aforesaid, subject to the powers hereinbefore in this Article 
 conferred on the Supervisors of City Charities, shall remain 
 subject to the power and control of the officers and direc- 
 tors of said asylum, and may be bound or apprenticed or 
 otherwise disposed of by said officers and directors, as fully 
 and in the same manner as is provided for the foundlings aua
 
 814 
 
 infant orplian children in said asylum, by the Act of the 
 General Assembly of 1862, chapter 93, entitled "An Act to 
 authorize the Saint Vincent's Infant Asylum of the City of 
 Baltimore to bind out and control the destitute children under 
 their care." 
 
 Henry Watson Chlldreyis Aid Society. 
 
 898. The Judges of the Orphans' Court of Baltimore City, 
 the Judge of the Criminal Court and any Justice of the Peace 
 are authorized and empowered to deal with and commit to, 
 and any police officer or constable or the Supervisors of City 
 Charities may take charge of and place temporarily in the care 
 of the President and Board of Managers of the Children's Aid 
 Society of Baltimore, any minor, whether male or female, in 
 the same manner and under the same circumstances as they 
 are authorized to deal with and commit minors to or place them 
 in the care and charge of the Home of the Friendless, under 
 this sub-division of this Article ; and the President and Board 
 of Managers of said Children's Aid Society of Baltimore, are 
 vested in regard to all minors, male or female, with all the 
 rights, powers and authority which the Home of the Friendless 
 or the President and Managers thereof by this sub-division of 
 this Article are vested with ; and are to observe the same forms 
 and regulations in regard to the binding out, adopting or other- 
 wise disposing of minors, male and female, committed to them 
 by virtue of this section. 
 
 899. The children received under the care and charge of 
 the corporations and institutions mentioned in this sub-division 
 of this Article shall be and remain under their control and 
 restraint and under their charge, and of the officers and mana- 
 gers and agents thereof, and bound to obedience to their rules, 
 regulations and discipline, to every effect as apprentices are 
 bound in respect to their masters and mistresses, and subject 
 to all laws concerning the duties, liabilities, privileges and 
 riglits of apprentices, subject, however, to the powers herein- 
 before in this Article conferred upon the Supervisors of City 
 Charities. 
 
 WAITRESSES IN PLACES OF PUBLIC AMUSEMENT. 
 
 900. It shall not be lawful for any proprietor, lessee or 
 manager of any theatre", museum or other place of amusement, 
 to employ women or girls as waiters, or to permit them to act 
 in such theatre or place of amusement, or among the audience
 
 'm 
 
 or* frequenters of such theatre or place of amusement as waiters, 
 or for the purpose or under the pretence of selling, serving, 
 receiving orders or pay for spirituous or malt li(|uors, wines, 
 lager beer, or anj other refreshments or merchandise. 
 
 901. Any person violating the provisions of the preceding 
 section shall be deemed guilty of a misdemeanor, and on con- 
 viction thereof in the Criminal Court of Baltimore, shall be 
 sentenced to pay a fine of not less than one hundred nor more 
 than one thousand dollars, or to imprisonment in jail not less 
 than one month nor more than sis months, or to both fine and 
 imprisonment, at the discretion of the court, and to forfeiture 
 of license, one-half the fine to be paid to the informer and the 
 other half to the State. 
 
 WATER. 
 
 Lake Boland, Reservoirs and Dams. 
 
 902. If any person shall wilfully pollute the water in any 
 lake, dam, reservoir, line of conduit, water-pipe, gate-house, or 
 other work constructed or used for svippl^ing the City of Balti- 
 more with water, by swimming, bathing or Avashing therein, or 
 by washing, or causing to be washed therein, or so near thereto 
 as to pollute the water therein, any clothes, the skin of any 
 dead animal, or any impure, fetid or noxious animal or vege- 
 table matter, or shall throw, or cause to be thrown therein, or 
 so near thereto as to pollute the water therein, any impure, 
 fetid, or noxious animal or vegetable matter, the person so 
 ofiending shall forfeit and pay a sum not less than five nor 
 more than fifty dollars for each offence. 
 
 903. If any person shall erect, or cause to be erected, any 
 priv}', hog pen, bleaching or dyeing establishment, or other 
 thing, over any lake, dam, reservoir, line of conduit, water- 
 pipe, gate-house or other work constructed or used for supply- 
 ing the City of Baltimore with water, or so near thereto as to 
 pollute or discolor the water therein, the person so offending 
 shall forfeit and pay a sum not exceeding fifty dollars, and the 
 further sum of ten dollars for each and every day the same 
 shall remain after notice to remove same shall have been given. 
 
 904. If any person shall injure, or cause to be injured, 
 defaced or destroyed, any dam, reservoir, line of conduit, water- 
 pipe, gate-house, stop-cock, or other thing used for supplying 
 the City of Baltimore with water, the person so offending shall
 
 §16 
 
 forfeit and pay a sum of not less than five nor more than fifty 
 dollars for each offence. 
 
 905. All fines and forfeitures imposed by the preceding 
 section shall be recoverable by warrant before any Justice of 
 the Peace in and for the City of Baltimore, or in and for Balti- 
 more county, according to the respective jurisdiction under 
 which any of the offences herein set forth may be committed ; 
 one-half to the informer and the other half to the Mayor and 
 City Council of Baltimore. 
 
 906. The two preceding sections shall not be construed to 
 exempt any person who may have been fined for a violation 
 thereof, or who may be charged with a violation thereof, from 
 an action of damages for any injury or destruction of any part 
 of the works used in supjjljing the City of Baltimore with 
 water, in any suit for damages on account of said injury, 
 brought by the Mayor and City Council of Baltimore. 
 
 Section 2. And be it further enacted, That this Act shall not 
 affect or impair any right vested or acquired and existing at 
 the time of the passage of said Act ; provided, that this section 
 shall not be construed to make irrepealable or irrevocable any 
 right which before the passage of this Act was repealable or 
 revocable ; nor shall said Act impair, discharge or release any 
 contract, obligation, duty, liability or penalty whatever now 
 existing. All suits and actions, both civil and criminal, pend- 
 ing or which may hereafter be instituted for causes of action 
 now existing or offences already committed against any law or 
 ordinance repealed by this Act, shall be instituted, proceeded 
 with and prosecuted to final determination and judgment as if 
 this Act had not been passed. No tax levied or any proceeding 
 taken for the collection of any such tax or the enforcement of 
 the payment of the same, before the passage of this Act, or the 
 taxes le\ded for the year eighteen hundred and ninety-eight, if 
 levied after the passage of this Act, shall in any manner be 
 affected by the passage of this Act, and the mode of procedure 
 in any such matter shall be the same as if this Act had not 
 been passed. 
 
 Section 3. And he it further enacted, That all laws now in 
 force relating or applicable to the Mayor and City Council of 
 Baltimore or the City of Baltimore, and not included in this
 
 317 
 
 Act, and not inconsistent with said Act, and all ordinances of 
 the Mayor and City Council of Baltimore now in force and not 
 inconsistent with this Act, shall be and they are herebycon- 
 tinued until changed or repealed, respectively, by the General 
 Assembly of Maryland or the Mayor and City Council of 
 Baltimore ; provided, that all Acts or parts of Acts passed at 
 the session of the General Assembly of Mar^dand in the year 
 eighteen hundred and ninety-eight, relating to the Mayor and 
 City Council of Baltimore, or the City of Baltimore, or in any 
 manner amending or adding to Article 4 of the Code of Public 
 Local Laws, as said Article existed before the passage of this 
 Act, shall in no wise be affected by the passage of this Act, 
 but all such laws shall have the same force and effect as if this 
 Act had not been passed. The provisions of this Act shall 
 not have the effect to enlarge or extend in any manner the 
 rights or privileges of the Mayor and City Council or other 
 authorities of the City of Baltimore outside of the limits and 
 boundary of said City, beyond or in addition to those now 
 limited to, and exercised by said City under the present laws. 
 
 Section 4. And be it further enacted, That all officers pro- 
 vided for or named in said Act, whether by election or appoint- 
 ment, shall continue to hold, exercise and discharge the duties 
 of their respective offices, until they shall be superseded under 
 the provisions of said Act, and until their successors shall be 
 duly qualified, and nothing contained in said Act shall be con- 
 strued to interfere with the continuity of the terms or tenure 
 of any of said officers ; nor shall a reappointment or re-election 
 of any of said officers be necessary in order to secure the said 
 continuity of their said terms and tenures of office, unless 
 otherwise provided in said Act. 
 
 Section 5. And he it further enacted, That this Act shall 
 take effect from the date of its passage, and this Act shall not 
 be published, nor a certified copy of the same furnished to 
 the City Kegister, as required by the provisions of Article 76 
 of the Code of Public General Laws. 
 
 APPEOVED MAKCH 24, 1898, 4:37 P. M.
 
 818 
 LAWS KELATING TO BALTIMORE CITY 
 
 PASSED BY THE LEGISLATURE OF 1900, AND NOT CODIFIED. 
 ACT OF 1900, CHAPTER 149. 
 
 An Act to Prohibit the Laying of Railways Tracks Upon 
 
 Chase Street, between Broadway and Maryland Avenue, 
 
 in the City of Baltimore, without the consent of the 
 
 General Assembly. 
 
 Section i. Be it enacted by the General Assembly of 3Iary- 
 
 land, That it shall not be lawful for any person or corporation 
 
 to lay any railway tracks upon Chase Street, between Broadway 
 
 and Maryland Avenue, in the City of Baltimore, without the 
 
 consent of the General Assembly of Maryland. 
 
 Section 2. And be it further enacted. That this Act shall 
 take efiect from the date of its passage. 
 
 act of 1900, CHAPTER 150. 
 
 An Act to Authorize the Governor to Appoint Ten Additional 
 Notaries Public for Baltimore City. 
 Section 1. Be it enacted, by the General Assembly of Maryland, 
 That the Governor, by and with the advice and consent of the 
 Senate, be and he hereby is authorized to appoint ten (10) 
 Notaries Public for Baltimore City, in addition to the number 
 now authorized by law. 
 
 Section 2. And be it enacted. That this Act shall take effect 
 from the date of its passage. 
 
 act of 1900, chapter 152. 
 An Act to Authorize the Mayor and City Council of Baltimore 
 to Issue the Stock of said Corporation to an Amount not 
 Exceeding One Million Three Hundred and Fifty Thou- 
 sand Dollars, for the Purpose of Providing a Public 
 Lighting Plant to Supply Light to said City and to the 
 Inhabitants Thereof, and to Authorize the Submission of 
 an Ordinance for that Purpose to the Legal Voters of 
 said City. 
 
 Section 1. Be it enacted by the Genercd Assembly of Maryland, 
 That the Mayor and City Council of Baltimore be and is 
 hereby authorized to issue its stock to an amount not exceeding 
 One Million Three Hundred and Fifty Thousand Dollars, to be 
 issued from time to time in such amounts, and payable at such 
 time, and bearing such rate of interest, as the said Mayor and
 
 319 
 
 City Coiincil of Baltimore shall by ordinance prescribe. The 
 proceeds of said issue to be used to provide a Public Lip;htin<T 
 Plant to supply the said City and the inhabitants thereof with 
 light, but said stock shall not be issued unless the Mayor and 
 City Council shall by ordinance determine to erect and equip 
 such Public Lighting Plant, and unless the ordinance providing 
 for the issue of said stock shall be approved by a majority of 
 the legal voters of said City, cast at some time and place to be 
 fixed by said ordinance in a provision for submitting the same 
 to the legal voters of said City, as required by Section 7 of 
 Article XI of the Constitution of this State. 
 
 Section 2. And he it fnrtlier enacted, That this Act shall 
 take effect from the date of its passage. 
 
 ACT OF 1900, CHAPTER 263. 
 
 An Act to Provide a Special Fund, as Authorized b}^ Chapter 
 123, Section 2, of Acts of the General Assembly of Mary- 
 land, Session 1898, Title "City of Baltimore," sub-Title 
 "Charter," sub-Title "General Powers," sub-Title "Police," 
 and to care for and Regulate the Distribution of said 
 Fund. 
 Section 1. Be it enacted hy the General Asf^emhJij of Maryland, 
 That the Mayor and City Council of Baltimore shall, upon 
 the request of the Board of Police Commissioners of the City 
 of Baltimore, appropriate annually a sum of money for the 
 relief of disabled and superannuated members of the police 
 force of Baltimore City, and for the relief of widows and chil- 
 dren of policemen who may be killed in the discharge of duty, 
 whenever the special fund of said Board of Police is not suffi- 
 cient for the payment authorized by and under the Acts of the 
 General Assembly heretofore passed. 
 
 Section 2. And, be it enacted, That this Act shall take effect 
 from the date of its passage. 
 
 ACT OF 1900, CHAPTER 269. 
 
 An Act to Provide Additional Revenue for the Special Fund of 
 the Board of Police Commissioners of the City of Balti- 
 more, to be Derived from the Granting or Issuing Permits 
 to Give Public Dances, Soirees, Masked Balls, Boxing 
 or Athletic Contests, or Either of Them, in the City of 
 Baltimore. 
 Section 1. Be it enacted by the General Af^semlAy of Maryland, 
 
 That the Board of Police Commissioners of the City of Balti-
 
 820 
 
 more are hereby authorized to issue permits for the giving or 
 holding of public dances, soirees, masked balls, boxing or 
 athletic contests, or either of them, in the City of Baltimore. 
 
 Section 2. No public dance, soiree, masked ball, boxing or 
 athletic contest, or other public entertainment of like kind, to 
 or for which an admission fee shall be charged, shall be held, 
 given or permitted in the City of Baltimore except upon condi- 
 tions that a license or permit fee of not less than five dollars 
 nor more than one hundred dollars shall first be paid to the 
 Secretary of the Board of Police Commissioners, who are 
 authorized to demand and receive the same for the benefit of 
 the special fund ; jjrovided, that nothing herein contained shall 
 interfere with any permits authorized, issued or collected by 
 the authority of the Mayor and City Council of Baltimore City. 
 
 Section 3. A))d be it enacted by the General Assembly of 
 Maryland, That this Act shall take effect from the date of its 
 passage. 
 
 ACT OF 1900, CHAPTER 274. 
 
 An Act Directing the Appeal Tax Court of Baltimore City Not 
 to Issue Any Permit for the Erection of New Buildings 
 in said City Until All Taxes Due Are Paid on the Land 
 Upon Which Said Buildings Are to be Erected. 
 Section 1. Be it enacted by the General Assembly of 3Iaryland, 
 That before the A]3peal Tax Court of Baltimore City grants 
 any permit for the erection of new buildings, it shall be shown 
 to the said Court to its satisfaction that all taxes due and 
 unpaid are fully paid upon the land on which said new build- 
 ings are proposed to be erected, and no permit as aforesaid 
 shall be issued until the Court is so satisfied, and an appeal is 
 allowed from this, as in other cases before said Court, as is 
 allowed by law. 
 
 Section 2. And be it further enacted, That this act shall take 
 effect from the date of its passage. 
 
 ACT OF 1900, chatter 280. 
 An Act to Ratify and Confirm the Ordinance of the Mayor and 
 City Council of Baltimore, Number 32, Approved February 
 8, 1900, Supplementary to, and in Amendment of, Ordi- 
 nance Number 18, Approved March 9, 1898, the Subject- 
 Matter of Both of Said Ordinances Being the Issuing of 
 the Stock of the Mayor and City Council of Baltimore
 
 321 
 
 for the Purpose of Paying Certain Mortgage Bonds of the 
 Western Maryland Raih'oad Company, Guaranteed by the 
 Mayor and City Council of Baltimore; and for the 
 Purpose of Paying Certain Stock of the Mayor and City 
 Council of Baltimore Theretofore Issued by it on Behalf 
 of the Western Maryland Railroad Company. 
 
 Whereas, by the Act of Assembly of Maryland of 1898, 
 Chapter 210, approved April 7, 1898, the ordinance of the 
 Mayor and C-ity Council of Baltimore, No. 18, approved March 
 9, 1898, was ratitied and confirmed, and full power and authority 
 was, by said Act of Assembly, conferred upon the Mayor and 
 City Council of Baltimore to issue and sell the stock mentioned 
 in said ordinance, and to execute the mortgage to the Mayor 
 and City Council of Baltimore therein mentioned ; and 
 
 IVhereas, said ordinance was subsequently submitted to the 
 legal voters of the City of Baltimore, and by a majority of 
 them duly approved ; and 
 
 Whereas, subsequently thereto the Mayor and City Council 
 of Baltimore passed an ordinance supplementary to, and in 
 amendment of, said Ordinance No. 18, approved March 9, 1898, 
 whicli supplementary and amending ordinance was approved 
 February 8, 1900, being Ordinance No. 32, the title whereof 
 is set forth in the first Section of this Act. Now, therefore : 
 
 Section 1. Be if enacted by the General Assembly of Maryland, 
 That the ordinance of the Mayor and City Council of Baltimore, 
 approved February — , 1900, being Ordinance No. — , and 
 entitled "An ordinance supplementary to, and in amendment 
 of Ordinance N(x 18, approved March 9, 1898, entitled 'An 
 ordinance to provide for issuing the stock of the Mayor and 
 City Council of Baltimore, and to sell the same for the pur- 
 pose of providing means to enable the Western Maryland 
 Railroad Company to pay and extinguish all of its third mort- 
 gage bonds amounting to eight hundred and seventy-five 
 thousand ($875,000) dollars, guaranteed by the Mayor and 
 City Council of Baltimore, when the same shall mature on the 
 first day of January, 1900 ; and also to enable the Mayor and 
 City Council of Baltimore to pay and extinguish one million 
 ($1,000,000) dollars of the stock of the Mayor and City 
 Council of Baltimore loaned to the Western Maryland Railroad 
 Company, and falling due on the first day of January, 1902, 
 secured by a covenant of the Western Marylaiid Eailroad 
 81
 
 322 
 
 Company with the Mayor and City Council of Baltimore, 
 bearing date the third day of April, 1872, and recorded among 
 the Land Records of Baltimore City, in Liber G. Pi. No. 561, 
 folio 16, etc., and to provide a sinking fund for the redemption 
 of the stock authorized to be issued by this ordinance,' " be 
 and the same is hereby ratified and confirmed, and it shall 
 have the same force, effect and operation in all respects what- 
 soever, as if before its passage, the Mayor and City Council 
 of Baltimore had been, by an Act of the General Assembly of 
 Maryland, expressly authorized to pass the said ordinance. 
 
 Section 2. And be if, farther enacted, That this Act shall 
 take effect from the date of its passage. 
 
 ACT OF 1900, CHAPTER 442. 
 
 An Act to Amend Section 653 G of Article IV, entitled 
 
 "License," sub-Title " Liquor and Int<)xicating Drinks," 
 
 of the Code of Public Local Laws of Maryland. 
 
 Section 1. Be it enacted by the General Assembly of Maryland, 
 
 That Section 653 g, of Article IV, of the Code of Public 
 
 Local Laws, entitled "Elections," sub-title "Liquor and Iiitox- 
 
 icating Drinks," be amended and re-enacted so as to read as 
 
 follows : 
 
 Section 653 g. Every person applying for a license to 
 sell intoxicating liquors in said City shall file with the 
 said Board his, her or their petition for such license, and 
 the B(jard shall cause notification of said petition to be 
 . published three times in three newspapers of general 
 
 circulation in said City, (one of Avliich shall be printed 
 in the German language) to be designated by said Board, 
 in the first publication to be not less than fifteen nor more 
 than thirty days before the time fixed by the Board for 
 action on said petitions. 
 
 act of 1900, chapter 446. 
 An Act to Add a New Section to Article LVI, of the Code of 
 Public General Laws, Title "Licenses," to Follow Secti(jn 
 81 B, and to Be Designated as Section 81 c. 
 
 Whereas, as the money derived from the liquor licenses in 
 the City of Baltimore is divided in the proportion of three- 
 fourths to the City of Baltimore, and one-fourth to the State, 
 and
 
 323 
 
 Whereas, Chapter 246, of the Acts of 1898, required the 
 clubs, societies and associations in the City of Baltimore selling 
 intoxicating liquor to take out licenses, as provided in said Act, 
 and the revenue so derived should be divided in the above 
 proportions. Therefore, 
 
 Section 1. Be it enacted by the General Assemhly of Maryland, 
 That one new Section be and the same is hereby added to 
 Article LVI, of the Code of Public General Laws, title 
 "License," to follow Section 81 b, the said Section 81 b having 
 been added to Article LVI, of the Code, by Chapter 246, of the 
 Laws of 1898, to be designated as Section 81 c, and to read as 
 follows : 
 
 Section 81 c. The whole of the money received by 
 the Clerk of the Court of Common Pleas in the City of 
 Baltimore for the licenses granted shall be paid over 
 quarterly by the said Clerk of the Court of Common 
 Pleas to the State, as now provided by law, and when so 
 paid over, the Comptroller of the Treasury shall draw his 
 warrant upon the Treasurer of the State of Maryland in 
 favor of the Mayor and City Council of Baltimore for 
 three-quarters thereof, to be applied to the general use of 
 said City. 
 Section 2. And be it enacted, That this Act shall take eflect 
 from the date of its passage.
 
 iisriDE^^- 
 
 References are to sectious, except to Section 6, the section containing 
 General PoAvers, where both page and section are given. 
 
 A. 
 
 Abatements, Taxes, Skctions 
 
 Application to Appeal Tax Court 156-160 
 
 On manufacturing plants (Page 23) 6 
 
 Absence op Mayor, 
 
 Who Mayor ex officio , 19 
 
 Advertisements, 
 
 In closing and opening streets 177, 178, 183 
 
 Of sale of property for taxes 49-51 
 
 Almshouse, 
 
 Meetings of Supervisors and duties 111-114 
 
 Animals, 
 
 Cruelty to 390-394 
 
 In parks 96 
 
 Annex Laws 3-6 
 
 Annex, 
 
 Taxation in 4 
 
 Annual Appropriations, 
 
 Estimates for 36 
 
 Annual Levy, 
 
 For taxes 40, 57 
 
 Anticipation of Receipts, 
 
 From taxes 36 
 
 Appeal Tax Court, 
 
 Abatements, powers over 156-157 
 
 Appeal to City Court from 170 
 
 Assessments by 164 a 
 
 Assessors ; 148-150 
 
 Duties and powers 146-172 
 
 Duty as to holders of City loans 152 
 
 Duties as to taxable basis 171 
 
 Duties of assessors of 164 b 
 
 Neglect of duty by clerks, employees or assessors of 164 a 
 
 Not to issue permits unless taxes paid (Page 320) 
 
 Plant exemption (Page 23) "6 
 
 Power to value and assess 164 a 
 
 To assess property returned by Register of Wills 168-169
 
 326 
 
 INDEX. 
 
 Appeal Tax CovRT—Co)iti7iued. Sections 
 
 To charge alienees with personal property 166 
 
 To correct and alter assessments 167 
 
 "When to give collector and Board of Estimates taxable 
 
 basis 171 
 
 When to meet 147 
 
 Appeals, 
 
 From Appeal Tax Court 170 
 
 From assessments of damages and benefits 179 
 
 In opening street cases, time 179-181 
 
 Appointments, 
 
 By Collector of Taxes 43 
 
 By Heads of Departments 28 
 
 Of Inspector of Buildings 82 
 
 To office by Mayor 25 
 
 Appropktations, 
 
 Annual, estimates for 36 
 
 Appoval of Ordinances, 
 
 By Mayor 23 
 
 Arbitration, 
 
 Court of. Board of Trade 223-225 
 
 Corn and Flour Exchange 226-228 
 
 Arrears, 
 
 Taxes in, July and May 40 
 
 Art Commission 201-203 
 
 Assault and Battery 229-331 
 
 Assessments, 
 
 Department of Review and Assessment 145-195 
 
 Of property 150 
 
 Of property returned by Register of Wills 168-169 
 
 By Appeal Tax Court 164 
 
 Opening streets 174^179 
 
 Assessors, 
 
 Of Appeal Tax Court ' 148-150 
 
 Compensation of 149 
 
 Auctions, 
 
 Regulation of 332-277 
 
 B. 
 
 Bakeries 78 
 
 Baltimore Street, 
 
 Tracks prohibited on ." 801 
 
 Banks, 
 
 Depository for City funds 41
 
 impM. 
 
 m 
 
 Sarclat Street, Sections 
 
 Tracks prohibited ou 801 
 
 Barrels, 
 
 Inspections 532-534 
 
 Basis, 
 
 Taxable, when final 171 
 
 When to be sent to Board of Estimates , 171 
 
 Beggars, 
 
 Regulation of 856-880 
 
 Benefits, 
 
 Opening streets 174-179 
 
 Biddle Street, 
 
 Tracks prohibited on 801 
 
 Bids, 
 
 On contracts 15 
 
 Bills, 
 
 Of exchange and promissory notes 279 
 
 Board of Estimates, 
 
 Duties 36-40 
 
 Action ou francliise in highways 37 
 
 Taxable basis 39 
 
 When to receive basis 171 
 
 Board, 
 
 Harbor 480-485 
 
 Of Plumbing 509-515 
 
 Of Public Improvements, duties, ordinances referred to.. 84-89 
 
 Of Trade, Court of Arbitration 223-225 
 
 Water 87-88 
 
 Boilers, 
 
 Steam, Inspectors' duties 577-589 
 
 Boys' Home 885-887 
 
 Bridges, 
 
 And highways 839-841 
 
 Streets and highways • 827-837 
 
 Broadway, 
 
 Tracks prohibited on 801 
 
 Brokers, 
 
 Merchandise 694 
 
 Real estate 695-700 
 
 Buildings, 
 
 Authority over, of Inspector 80-83 
 
 Inspector of 79-89 
 
 Regulation of (Page 3) 6 
 
 Regulations, ingress and egress 280
 
 328 
 
 INDEX. 
 
 c. 
 
 Calvert Street, Sections 
 
 Tracks prohibited on 801 
 
 Caroline Street, 
 
 Tracks prohibited on 801 
 
 Carriages, 
 
 And horses, rates of fare 281-293 
 
 Licenses (Page 4) 6 
 
 Carts, 
 
 Wood 590-599 
 
 Casks, 
 
 And liquors, gangers of 544-551 
 
 Cathedral Street, 
 
 Tracks prohibited on 801 
 
 Cedar Avenue, 
 
 Tracks prohibited on 801 
 
 Charities, 
 
 And Corrections, Department of 103-145 
 
 City :... 103-145 
 
 City, appropriations 105, 106 
 
 Chase Street, 
 
 Tracks prohibited on 347 
 
 Chemical Laboratories 493 
 
 Children, 
 
 Vagrant 881-884 
 
 Children's Aid Society, 
 
 Dolan's 888 
 
 Chimneys (Page 5) 6 
 
 Circuit Court 323 
 
 Circuit Court No. 2 325-327 
 
 City Collector, 
 
 Appointment of, by Mayor 52 
 
 Of taxes 42-58 
 
 When to receive basis from Appeal Tax Court 171 
 
 City Council, 
 
 Elections, meetings, qualifications 210-222 
 
 Ordinance of Estimates, action upon 36 
 
 Procedure 217-221 
 
 Qualifications, of members 209-222 
 
 Report of Board of Estimates on taxable basis to 40 
 
 Rules 217 
 
 To refer to certain ordinances to Board of Public 
 
 Improvements 85 
 
 City Court, 
 
 Appeal to, from Appeal Tax Court 170
 
 INDiRX. 
 
 321) 
 
 City Engineer 
 
 City Librarian, 
 
 Duties 
 
 Contracts for supplies to departmeuts 
 
 City Register 
 
 Duties as to list of holders of city loans 
 
 To pay State tax on City loans 
 
 To send list of holders ot City loans to Appeal Tax Court. 
 City Solicitor, 
 
 Appointment of 
 
 Duties 
 
 Claims, 
 
 Private, City Council 
 
 Cleaning, 
 
 Street, Commissioner 
 
 Clerks, 
 
 Appeal Tax Court, neglect of duties 
 
 Appeal Tax Court, report to State Comptroller 
 
 Assessors and employees of Appeal Tax Court 
 
 Of Court, duty as to licenses 
 
 Of Court, to report transfers of property to Appeal Tax 
 
 Court 
 
 Of law Courts, duties, bonds, records 
 
 Closing Streets 
 
 Coal Inspections 
 
 Collector, Taxes, 
 
 Of State taxes, bond 
 
 Of State taxes, duties 
 
 Of taxes 
 
 Of water rents 
 
 To report sales for taxes to Circuit Court, when 
 
 Commission, 
 
 Art 
 
 Commissioner, 
 
 Of Health 
 
 Of Street Cleaning 
 
 Commissioners, 
 
 Fire 
 
 For Opening Streets 
 
 For Opening Streets, records 
 
 Of Finance 
 
 Of Pharmacy 
 
 Of Police 
 
 Commitments, 
 
 By Justice of the Peace 
 
 Sections 
 83-86 
 
 l'JG-200 
 197-200 
 
 35 
 
 151-155 
 153 
 151 
 
 62-65 
 60-67 
 
 39 
 
 83 
 
 163 
 
 162 
 
 164 a 
 
 701-702 
 
 165 
 357-371 
 172-195 
 535-540 
 
 53 
 
 54 
 
 42-58 
 
 69 
 
 48 
 
 201-203 
 
 71 
 
 83 
 
 69 
 
 172 
 
 173 
 
 41 
 
 494-504 
 
 740-764 
 
 141
 
 380 iNt)EX. 
 
 Comptroller, SEciTtojJS 
 
 City, appointments by 34 
 
 City, duties of 84 
 
 City, election and qualification of 33 
 
 State, report to, by clerk of Appeal Tax Court 162 
 
 Condemnation, 
 
 Of property for city purposes , (Page 5) 6 
 
 Constables, 
 
 And Justices of the Peace 206, 633-649 
 
 Contingent Fund, 
 
 How expended 38 
 
 Contracts, 
 
 Advertisements of 14 
 
 Bonds for 15 
 
 City 14 
 
 Opening bids 15 
 
 Corn and Flour Exchange, 
 
 Arbitration committee 226-228 
 
 Coroners, 
 
 Inquests, dead bodies 294-299 
 
 Corporate Name, 
 
 Of City 1 
 
 Correction, 
 
 House of, telegrapli to 782 
 
 Corrections, 
 
 And Charities, Department of 103-145 
 
 Costs, 
 
 Court 389 
 
 Courts, 
 
 Of Baltimore City 300-381 
 
 Criers, 
 
 Bailiffs, watchmen, in courts 372-382 
 
 Criminal Court 328-351 
 
 Criminals, 
 
 Commitment by justices of the peace 140-141 
 
 Cruelty, 
 
 To animals 390-394 
 
 D. 
 
 Damages, 
 
 Opening streets. 174, 177, 179 
 
 Deaf, 
 
 Dumb and Blind 394-400 
 
 i
 
 tNDEX. ^^l 
 
 Department, Skctionr 
 
 Fire 445-448 
 
 Of Charities and Corrections 103-145 
 
 Of Education 99-102 
 
 Of Finance 32 
 
 Of Law 60-67 
 
 Of Public Improvements 84 
 
 Of Public Parks and Squares 90 
 
 Of Public Safety 68 
 
 Of Review and Assessment 145-195 
 
 Departmental Estimates 36 
 
 Depository Banks, 
 
 For City funds 41 
 
 Destroying Property, 
 
 Maliciously 401 
 
 Disorderly Persons 8G5-880 
 
 Distraint, 
 
 For taxes 49-51 
 
 Districts, 
 
 Legislative 657-663 
 
 Docket Entries 387-389 
 
 Docks, 
 
 And wharves 463-471 
 
 Dolans' Children Aid Society 888 
 
 Drinks, 
 
 Liquors and intoxicating 664-691 
 
 Drunkenness, 
 
 Commitment for 143-144 
 
 Duties, 
 
 Of sheriff and clerks of court 701-702 
 
 E. 
 
 Eager Street, 
 
 Tracks prohibited on 801 
 
 Education, 
 
 Department of 99-102 
 
 Election, 
 
 Of Mayor 16 
 
 Election 212-214 
 
 Primary 402-425 
 
 Elm Avenue, 
 
 Tracks prohibited on 801 
 
 Engineer, 
 
 City 83-86
 
 3§^ mmt. 
 
 Engineeks, Sections 
 
 Examining 426-430 
 
 Escaped or Omitted Property, 
 
 Taxation of • • 171 
 
 Estates, 
 
 Of intestates and schools 808-813 
 
 Estimates, 
 
 Board of, duties 36, 40 
 
 Board of, to pass on private claims 39 
 
 Board of, when to receive taxable basis 171 
 
 Departmental 36 
 
 For annual appropriations 36 
 
 For new improvements 36 
 
 Examining Engineers 426-430 
 
 Executive Department 31-208 
 
 Exemption, 
 
 Plant of manufacturers (Page 23) 6 
 
 Exits, 
 
 To public buildings, duty of Building Inspector 80-81 
 
 F. 
 
 Falls, 
 
 Jones' 600-601 
 
 Fares, 
 
 Street railways 769 
 
 Fees, 
 
 Sheriff 825 
 
 Female Employees, 
 
 Seats for 505-506 
 
 Ferries 431-437 
 
 Finance, 
 
 Commissioners of 41 
 
 Loans and stocks 826 
 
 Fines, 
 
 And forfeitures 438-445 
 
 Fire, 
 
 Commissioners 69 
 
 Department 445-448 
 
 Department, regulations 445-448 
 
 Regulations (Page 5) 6 
 
 Firemen, 
 
 Pensions 70 
 
 Retirement 70 
 
 First Branch City Council 260
 
 INDEX. 333 
 
 Fish, Sections 
 
 Regulation of sale (Page 6) 6,457 
 
 Floor, 
 
 In First Branch City Council, heads of departments 
 
 entitled to 29 
 
 Food Inspectors 73 
 
 Forfeitures, 
 
 And fines 438-445 
 
 Franchises 7-8 
 
 Control over 12 
 
 In city 2 
 
 In highways 37 
 
 In highways, requirements to obtain 37 
 
 In streets 8-13 
 
 In streets, manner of obtaining 8-13 
 
 Renewal of 12 
 
 Sale of 37 
 
 Sale of, property of City 13 
 
 Friendless, 
 
 Home of 880-894 
 
 Fruits, 
 
 Meats, etc., regulations (Page 6) 6 
 
 Fund, 
 
 Contingent 38 
 
 Special, in hands of Police Commissioners 776-780 
 
 G. 
 
 Gas, 
 
 Companies 458-462 
 
 Meters, inspection of 541-543 
 
 Gates, 
 
 S af ety 791 , 792 
 
 Gaugers, 
 
 Of casks and Liquors 544-551 
 
 General Powers, 
 
 Of City 6 
 
 GouGH Street, 
 
 Tracks prohibited on 801 
 
 H. 
 
 Hampden Street, 
 
 Tracks prohibited on 801 
 
 Harbor, 
 
 Board 88, 480-485 
 
 Docks, wharves (Pages 6-7) 6, 463-466 
 
 ftW^lflf^Ff . I • I f T I » T I • t I • • • • • • • • • • • • f • • • 1 t 1 T ' ' ' ' • ' • • • • t I 1 9°
 
 334 INDEX, 
 
 Hay and Straw, Sections 
 
 Inspectors 552-570 
 
 Heads of Departments, 
 
 To appoint and remove subordinates 28 
 
 To be summoned by Mayor 24 
 
 To have privileges of floor in First Branch City Council. 29 
 
 To hold office until successors qualify 27 
 
 Health, 
 
 Commissioner 71 
 
 Regulations (Page 8) 6, 486-492 
 
 Hebrew Orphan Asylum 889 
 
 Highways, 
 
 And bridges 839-841 
 
 Bridges and streets 827-837 
 
 Home, 
 
 For boys 885-887 
 
 Of the Friendless 880-894 
 
 Hospitals (Page 8) 6 
 
 Hours, 
 
 Of labor 516 
 
 Of labor on street railways 793-795 
 
 HoTTSE OF Correction, 
 
 Telegraph to 782 
 
 Houses of Refuge and Reformation 517-518 
 
 I. 
 
 Illuminating Oil 449-456 
 
 Immigrants 519-531 
 
 Improvements, 
 
 New, appropriations for 36 
 
 Public, department of 84 
 
 Inspections (Page 8) 6 
 
 Of weights and measures 582-546 
 
 Inspector, 
 
 Of Buildings 79-82, 89 
 
 Inspectors, 
 
 Hay and straw 552-570 
 
 Of food 73 
 
 Of shops 73 
 
 Sanitary 73 
 
 Steam boilers 572-589 
 
 Instruction, 
 
 Public, Superintendent of 99-102 
 
 Interrogatories, 
 
 By Appeal Tax Court to persons applying for abatement. 156-157
 
 INDEX. 
 
 335 
 
 Intestate, Sections 
 
 Estates and schools 808-813 
 
 Intoxicating, 
 
 Drinks and liquors 664-691 
 
 J- 
 
 Jail (Page 9) 6 
 
 Visitors to 118-130 
 
 Warden 126-134, 136 
 
 Johns Hopkins Univeksity 814-815 
 
 Jones' Falls (Pages 9-11) 6,600-601 
 
 Judgments, 
 
 And decrees, report of, to Appeal Tax Court 165 
 
 July, 
 
 Taxes on real estate in arrears in 40 
 
 Jurors 602-620 
 
 Pay 621 
 
 Jury Duty, 
 
 Militia 622 
 
 Jusi ICES of the Peace 623-649 
 
 Commitments 141 
 
 L. 
 
 Labor, 
 
 Hours of 516 
 
 Hours of, on street railways 793-795 
 
 Laboratories 493 
 
 Lake Roland, 
 
 Reservoirs 902-906 
 
 Lamps and Lighting, 
 
 Superintendent of 204 
 
 Landlord and Tenant 650-656 
 
 Law, 
 
 Department of ^ 60-64 
 
 Legislative, 
 
 Department 209-222 
 
 Districts 657-663 
 
 Levy, 
 
 Annual, for taxes 57 
 
 Librarian, 
 
 City, duties 196-200 
 
 City, contracts for supplies to Departments 197-200 
 
 Lighting City, 
 
 Act to be submitted to voters 347-348
 
 336 INDEX. 
 
 Sections 
 
 Licenses (Page 12) 6 
 
 Brokers 694-703 
 
 Court of Common Pleas 352 
 
 Liquors, 
 
 Act 1900 351 
 
 And casks, gangers of 544-551 
 
 And intoxicating drinks , 664-691 
 
 No sale of, in Jail 135-136 
 
 List of Taxable Property, 
 
 Alphabetical 161 
 
 Loans, 
 
 City 151 
 
 Stocks and finance 826 
 
 Local Laws, 
 
 Miscellaneous 223-906 
 
 Lodging Houses, 
 
 And tenements 507-508 
 
 Long Bridge 781 
 
 M. 
 
 Maliciously Destroying Property 401 
 
 Manure, 
 
 Measure of load 571 
 
 Mariners, 
 
 Society of 703 
 
 Markets (Page 13) 6, 704-719 
 
 Matrons at Police Stations 765-768 
 
 May, 
 
 Taxes on personal property in arrears in 40 
 
 Mayor, 
 
 Absence or sickness, who to act 19 
 
 Approval of ordinances 23 
 
 Conservator of the peace 21 
 
 Duties and powers 16-30 
 
 Duties, election, qualification 16-30 
 
 Election of 16 
 
 Power to veto '. 23 
 
 Qualification of 16 
 
 Term of 20 
 
 To appoint City Collector of State taxes 52 
 
 To appoint heads of Departments 25 
 
 To appoint minority representative in certain cases 30 
 
 To examine books of City 21 
 
 To execute ordinance 21 
 
 To summon heads of Departments 24 
 
 Trials before 25 
 
 Vacancy in office 16 
 
 WUeft tQ femoYe Ugm office bis appointees, , , . , 85
 
 INDEX. 
 
 337 
 
 Mayor's, Sections 
 
 Messenger 20 
 
 Secretary 20 
 
 McCuLLOH Street, 
 
 Tracks prohibited on 801 
 
 McDoNOGH Educational Fund 816 
 
 McDoNOGH Institute 816 
 
 Measures and Weights, 
 
 Inspections 532-540 
 
 Meetings, 
 
 City Council 216 
 
 Merchandise Brokers 694 
 
 Merryman's Lane, 
 
 Tracks prohibited on 801 
 
 Messenger, 
 
 To mayor 20 
 
 Militia 769 
 
 Exempt from jury duty 622 
 
 Milk, 
 
 Inspectors 74 
 
 Regulations applicable to 74 
 
 Minority Representation, 
 
 On Boards 30 
 
 Mortgages 720-732 
 
 Mt. Royal Avenue, 
 
 Tracks prohibited on 801 
 
 Municipal Officers, 
 
 To be registered voters 26 
 
 N. . ■ 
 
 Name, 
 
 Corporate, of City 1 
 
 New, 
 
 Buildings, permits (Page 320) 
 
 Improvements, estimates 36 
 
 Property, taxation of 157 
 
 Station houses 786-788 
 
 North Avenue, 
 
 Public street 838 
 
 Notaries, 
 
 Appointment of (Page 318) 
 
 Public 708-734 
 
 Notice, 
 
 Of increase of assessments ,,,.,,,.,,,,,, 150 
 
 33
 
 338 INDEX. 
 
 November, Sections 
 
 Ordinance making annual levy to be passed in 40 
 
 Nuisances. 486-492 
 
 o. 
 
 Oak Street, 
 
 Tracks prohibited on 801 
 
 October Clause, 
 
 Taxes 171 
 
 Officials, ' 
 
 Municipal, to be registered voters 26 
 
 Oils, 
 
 Illuminating 449-456 
 
 Omitted or Escaped Property, 
 
 Power to tax 171 
 
 One Office, 
 
 Yielding compensation, to be held 26 
 
 OpENiNCi AND Closing Streets, 
 
 Commissioners 172-:95. 827-837 
 
 Ordinances, 
 
 And resolutions, approval of 23 
 
 Appropriating over |2,000, when to be passed on by Board 
 
 of Public Improvements 85 
 
 Passing over Mayor's veto 23 
 
 Organization of Police Force 740-764 
 
 Orphans' Court 352-353 
 
 Oysters , 735 
 
 P. 
 
 Park, 
 
 Commissioners 91-98 
 
 Fund, distribution 97 
 
 Tax 797-800 
 
 Parks (Pages 12-18) 6, 90-98 
 
 And Squares, Department of 90, 736-739 
 
 Watchmen for 98 
 
 Passing Ordinances, 
 
 Over Mayor's veto 23 
 
 Patrol Wagons 770 
 
 Paupers 805-^80 
 
 Pawn Brokers 692, 693 
 
 Peabody Institute 816 
 
 Peace, 
 
 Justices of the 623-649 
 
 Security to keep 143
 
 LvdeS. 339 
 
 Sections 
 
 Peddlers (PageU) 6 
 
 Pensions, 
 
 Fire departiiieut 70 
 
 Police (Page 319) 
 
 Permits for New Buildings, 
 
 Appeal Tax Court not to issue, unless taxes 
 paid (Page 320) 
 
 Personal Property, 
 
 Abatements 156-157 
 
 Assessments of Appeal Tax Court 164 a 
 
 Personating Policemen 785 
 
 Persons, 
 
 Removing from Baltimore, taxation of 158-160 
 
 / Such as beggars, etc 865-880 
 
 Pharmacy, 
 
 Commissioners of 494-504 
 
 Physicians, 
 
 To police force 771-773 
 
 Vaccine 77-78 
 
 Pickpockets and Thieves 788-784 
 
 Plant Exemption (Page 23) 6 
 
 Plumbing, 
 
 Board of 509-515 
 
 Police (Page 14) 6, 785 
 
 Commissioners 740-764 
 
 Commissioners, police in pariis 95 
 
 Force 740-764 
 
 Force, physicians 771-778 
 
 In parks 95 
 
 Pensions (Page 319) 
 
 Powers (Page 14) 6 
 
 Special fund (Page 320) 776-780 
 
 Stations, matrons at 766-768 
 
 Poor, 
 
 Indigent 108-1 14 
 
 Power, 
 
 Police (Page 14) 6 
 
 To hold property. City 1 
 
 Powers, 
 
 General, of city 6 
 
 Pratt Free Library 789-790 
 
 Primary Elections 402-425 
 
 Printer, 
 
 Public 208
 
 340 
 
 I>rDEX. 
 
 Prisoners, SECTio>fg 
 
 Commitment by justice 141 
 
 Reduction of sentence for good conduct 139 
 
 Separation of 140 
 
 Visitors to 137 
 
 Private Claims 39 
 
 Procedure, 
 
 City Council 217-221 
 
 Prohibiting Tracks on Certain Streets 801 
 
 Promissory Notes, 
 
 Bills of exchange, protest 279 
 
 Property, 
 
 Condemnation of (Page 5) 6 
 
 Destroying maliciously 401 
 
 Holder to have right to examine his own return for taxa- 
 tion 161 
 
 Real and personal, assessment and valuation 164 a 
 
 Redeeming, sold for taxes 44-47 
 
 Sale for taxes 43 
 
 Taxable 157-161 
 
 Protestant Infant Asylum 895 
 
 Public, 
 
 Buildings, Superintendent of 20r 
 
 Improvements, Department of 84 
 
 Printer 208 
 
 Safety, Department of 68 
 
 School, teachers, officers, etc 99-102 
 
 Pumps, 
 
 Fountain, springs (Page 14) 6 
 
 Purchaser, 
 
 At sale for taxes, not found 45 
 
 Of property sold for taxes 44 
 
 Purveyor, 
 
 City charities 115-116 
 
 Q. 
 
 Qualification, 
 
 Of Mayor 16 
 
 Of members of City Council 215 
 
 Quarantine, 
 
 Hospital physician 75 
 
 R. 
 
 Races 774 
 
 Railroads (Page 14) 6, 791-795
 
 INDEX. 
 
 341 
 
 Real Estate, 
 
 A batements 
 
 Brokers 
 
 Real Property, 
 
 Assessment and valuation 
 
 Re-assessment 
 
 Records, 
 
 Courts 
 
 Redemption of Property, 
 
 Sold for taxes 
 
 Reduction of Appropriation 
 
 Refuge and Reformation, 
 
 Houses of 
 
 Register, 
 
 City 
 
 City, duties of 
 
 City, election of 
 
 City, holders of City stock to report to Appeal Tax Court. 
 
 Register of Wills, 
 
 Duties of 
 
 To return account of all property to Appeal Tax Court. . 
 
 Registration, 
 
 Of voters 
 
 Of voters, police at 
 
 Removal from Office, 
 
 By Mayor , 
 
 Removing from Baltimore, 
 
 Taxation of persons 
 
 Report, 
 
 Of Board of Estimates to City Council 
 
 Representation, 
 
 Minority, on boards 
 
 Requisition, 
 
 For books, stationery, etc., by Departments 
 
 Resolutions, 
 
 Approval by Mayor 
 
 Revaluation 
 
 Review and Assessment, 
 
 Department of 
 
 s. 
 
 Sabbath 
 
 Safety, 
 
 Department of Public 
 
 Gates 
 
 Sections 
 156-157 
 695-700 
 
 164 a 
 150 
 
 802-805 
 
 45-47 
 36 
 
 517-518 
 
 36 
 36 
 36 
 
 151-155 
 
 354-356 
 168 
 
 16 
 
 775 
 
 25 
 
 158-160 
 
 40 
 
 30 
 
 199 
 
 23 
 150 
 
 145-195 
 
 806-807 
 
 68 
 791-793
 
 342 INDEX, 
 
 Sale, Sections 
 
 For taxes ou personal property 51 
 
 Sales, 
 
 For taxes 43 
 
 For taxes, report to Circuit Court 48 
 
 Sanitary Inspection 73 
 
 School, 
 
 Board 99-102 
 
 Commissioiicrs 99-103 
 
 Visitors 100-103 
 
 Schools (Page 15) 6 
 
 Intestates' estates 808 
 
 Seats, 
 
 For female employees 505-506 
 
 Second Branch, 
 
 City Council 211 
 
 Secretary to Mayor 20 
 
 Security to Keep Peace 142 
 
 Sentence, 
 
 Reduction for good behavior 139 
 
 Separation op Prisoners 140 
 
 September, 
 
 Appeal Tax Court to act on list of holders of City loans. . . 153 
 
 Sewers {Vai^e 15) 6, 817-834 
 
 Sheriff 383-386 
 
 Duties of, licenses 701-703 
 
 Fees of 835 
 
 Sinking Fund (Page 17) 6 
 
 Sinking Funds, 
 
 Commissioners of Finance 41 
 
 Solicitor, 
 
 City *61-67 
 
 City, appointment of 63 
 
 Special Fund, 
 
 Police 349 
 
 Police Commissioners 776-780 
 
 Squares, 
 
 Springs, etc (Page 16) 6 
 
 State, 
 
 Comptroller, report to by clerk of Appeal Tax Court. . . . 162 
 
 Tax on City loans 153 
 
 Taxes, collector of 52-58 
 
 Stationery, 
 
 And printed matter 197
 
 INDEX. 
 
 343 
 
 Station Houses, Sections 
 
 New 7S6-788 
 
 Steam Boilers, 
 
 Inspections 512-5&9 
 
 Stocks, 
 
 Loans and finance (Page 17) 6, 826 
 
 Straw and Hay, 
 
 Inspectors 5.')2-570 
 
 Street, 
 
 Cleaning, Commissioner of 83 
 
 Kail way fares 796 
 
 Railway, hours of labor on 793-795 
 
 Streets, 
 
 Appeals, in street opening cases 179 
 
 Bridges, highways (Pages 18-22) 6, 827-837 
 
 Opening, advertisements 177 
 
 Opening, closing (Page 18) 6, 172-195 
 
 827-837 
 
 St. Paul Street, 
 
 Tracks prohibited on 801 
 
 St. Vincent Orphan Asylum 896-897 
 
 Subordinates, 
 
 To be appointed by heads of Departments 28 
 
 Superintendent, 
 
 Of Lamps and Lighting 204 
 
 Of Public Buildings 207 
 
 Of Public Instruction 99-102 
 
 Supervisors, 
 
 Of City Charities 103-116 
 
 Supreme Bench 321-322 
 
 Surplus from Appropriations 36 
 
 Surveyor (Page 22) 6, 205, 842 
 
 T. 
 
 Tax, 
 
 Park 797-800 
 
 State, on City loans 153 
 
 Taxable Basis 171 
 
 Taxable Property, 
 
 List of "161 
 
 Taxation, 
 
 Of persons moving from City 158-160 
 
 Powers (Pages 23, 24) 6
 
 344 
 
 IKDEX. 
 
 Taxes, Sections 
 
 Annual levy 40, 57 
 
 On personal property when in arrears 40 
 
 On real estate, when in arrears 40 
 
 Payable on January 1st 40 
 
 Power of (Pages 23, 24) 6 
 
 Sale for, of property 43 
 
 State, collection of 52-56 
 
 To be collected within four years 843 
 
 Teachers, 
 
 Public schools 99-102 
 
 TELEGRArH, 
 
 To House of Correction 782 
 
 Temporary Loans, 
 
 Forbidden 36 
 
 Tenant and Landlord 650-656 
 
 Tenants, 
 
 At will 844-864 
 
 Eviction of 844-864 
 
 For years 844-864 
 
 Tenements, 
 
 And lodging houses 507-508 
 
 Term of Mayor 20 
 
 Text-Books, 
 
 For schools 101 
 
 Theatres (Page 24) 6 
 
 Thieves and Pickpockets 783-784 
 
 Tracks, 
 
 Prohibited on certain streets 801 
 
 Trade, 
 
 Board of, Court of Arbitration 223-225 
 
 Trials, 
 
 Before Mayor 25 
 
 Turnpikes, 
 
 Not affected by annexation 34 
 
 V. 
 
 Vacancy, 
 
 In office of Mayor 16 
 
 Vaccine Physicians 77 
 
 Vagabonds 856-880 
 
 Vagrant Children 881-884 
 
 Vagrants ,..,....,. : . • r , r r ,......., 856-880
 
 INDEX. 345 
 
 Valuation, Sections 
 
 Of property 148 
 
 Of property for taxation 150 
 
 Valuations, 
 
 Appeal Tax Court 164 a 
 
 Veto by Mayor 23 
 
 Visitors, 
 
 To Jail 118-130, 134 
 
 To schools 100-102 
 
 Volunteer Militia, 
 
 Exempt from jury duty 622 
 
 Voters, 
 
 Registration 16 
 
 Registration, police at 775 
 
 w. 
 
 Wagons, 
 
 Patrol 776 
 
 Waitresses, 
 
 In places of public amusement 900-901 
 
 Walls, 
 
 Authority of Inspector of Buildings over 82 
 
 Warden, 
 
 Of Jail 126-183 
 
 Watchmen, 
 
 In parks 98 
 
 Water (Pages 24-28) 6 
 
 Board 87 
 
 Condemnation, proceedings for (Page 25) 6 
 
 In annex (Page 28) 6 
 
 Issue bonds (Page 28) 6 
 
 Lake Roland 902-906 
 
 Purchase companies in annex (Page 28) 6 
 
 Rents and Licenses, Collector of 59 
 
 Rates, power to assess (Page 27) 6 
 
 Watson's Aid Society 898-899 
 
 Weights AND Measuris, 
 
 Inspections 532-540 
 
 Welfare, 
 
 And other powers (Page 29) 6 
 
 Western Maryland Railroad, 
 
 Stock loan 350-351 
 
 Wharfinc+er and Wharves 472-479 
 
 Wharves 463-466
 
 346 INDEX. 
 
 ^7- Sections 
 
 Witnesses, 
 
 Courts 387-389 
 
 Wood Carts 590-599 
 
 Y. 
 
 Tracks prohibited oq certain portion 801 
 
 York Road, 
 
 irohibited on certain pc 
 
 z. 
 
 Zoological Collection, 
 
 In parks ^^
 
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