f 
 
I 
 
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THE 
 
 BALTIMORE CITY CODE: 
 
 COMPRISING THE 
 
 LA^A^S OF MARYLAND 
 
 RELATING TO THE CITY OF BALTIMORE, 
 
 AND THE 
 
 ORDIHANCES OF THE MM M CIT! COOICIL, 
 
 WITH AN APPENDIX, 
 
 TO THE END OF THE SESSION OF 1877-78. 
 
 COMPILED BY 
 
 LEWIS MAYER, 
 
 ATTORNEY AT LAW. 
 
 PUBLISHED 
 
 BY AUTHORITY. 
 
 BALTIMORE : 
 JOHN COX, CITY PBINTER. 
 
 1879. 
 
 /^ OF THE ^>-^ 
 
I*' 
 
 jS^-^g 
 
,9 
 
 CONTENTS. 
 
 AUT. I'AGE. 
 
 MAYOR AND CITY COUNCIL 1 1 
 
 ALMS-HOUSE : 2 66 
 
 ARBITRATION 3 75 
 
 ASSAULT AND BATTERY 4 83 
 
 ASSAYER OF SILVER PLATE 5 86 
 
 AUCTIONS 6 90 
 
 BUILDINGS 7 -108 
 
 CARRIAGES, HORSES, BOATS AND SCOWS 8 126 
 
 CHIMNEYS 9 147 
 
 CITY HALL : • 10 154 
 
 COMPTROLLER AND REGISTER 11 157 
 
 CORONERS 12 170 
 
 COUNSELOR, SOLICITOR, AND EXAMINER OF TITLES 13 174 
 
 COURTS 14 179 
 
 cruelty to animals 16 240 
 
 deaf, dumb and blind ...-. 16 243 
 
 elections; 17 247 
 
 FERRIES 18 266 
 
 FINES AND FORFEITURES '. 19 270 
 
 FIRE 20 276 
 
 GAMING 21 308 
 
 HARBOR, DOCKS AND WHARVES 22 313 
 
 HEALTH 23 371 
 
 HOLIDAY AND WAR OF 1812 24 442 
 
 HOSPITALS 25 444 
 
 HOUSES OF REFUGE AND REFORMATION 26 454 
 
 IMMIGRANTS 27 471 
 
 INSPECTIONS, WEIGHTS AND MEASURES 28 
 
 476 
 
 JAIL 29 688 
 
 116881 
 
iv OONTBNTB. 
 
 ▲BT. PAGE. 
 
 JONES' FALLS 30 542 
 
 JURORS 81 557 
 
 LIBRARIAN 82 570 
 
 LICENSES 88 574 
 
 M'DONOGH EDUCATIONAL FUND AND INSTITUTE 84 592 
 
 MARKETS 36 619 
 
 MORTGAGES 36 667 
 
 PARKS 37 676 
 
 POLICE 38 689 
 
 PRINTER 89 714 
 
 RAILROADS 40 717 
 
 REGISTRATION OP BIRTHS AND DEATHS , 41 834 
 
 SABBATH 42 838 
 
 SCHOOLS 43 842 
 
 SEWERS 44 861 
 
 SQUARES, SPRINGS AND MONUMENTS 46 879 
 
 STOCKS, LOANS AND FINANCE- 46 902 
 
 STOEETO AND CITY COMMISSIONER 47 980 
 
 SURVEYOR 48 1051 
 
 TAXES 49 1067 
 
 TENANTS FOR YEARS OR AT WILL 50 1094 
 
 THEATRICAL EXHIBITIONS 51 ii04 
 
 VAGRANTS 52 1106 
 
 WATER 53 1119 
 
 APPENDIX 1163 
 
AN OKDINANCE 
 
 TO PROVIDE FOR THE PRINTINQ OF THE CITY CODE, AS REVISED BY 
 
 LEWIS MAYER. 
 
 Section 1. — Be it enacted and ordained by the Mayor and City 
 Council of Baltimore, That John Cox, City Printer, be, and he is 
 hereby authorized and directed to print one thousand copies of the 
 Laws of Maryland relative to the City of Baltimore, together with the 
 Ordinances and Resolutions of the Mayor and City Council of Balti- 
 more, as codified by Lewis Mayer, under Ordinance No. 15, approved 
 April 2d, 1878, and properly bind the same ; and when completed de- 
 liver the same to the City Librarian, who is hereby authorized to fur- 
 nish each member of the Council with a copy, and such other officers 
 of the City and State, and Public and Law Libraries, as the Mayor 
 may direct, for the use of their respective offices ; the said printing 
 and binding to be done under the supervision of Lewis Mayer, as per 
 Ordinance No. 15, approved April 2d, 1878. 
 
 Sec. 2. — And he it further enacted and ordained, That this ordi- 
 nance shall take effect from and after the date of its passage. 
 
 Approved June 28^A, 1878. 
 
> 
 
 AN ORDINANCE 
 
 ADOPTING THE REVISED ORDINANCES COMPILED UNDER ORDI- 
 NANCE No. 15. APPROVED APRIL 3. 1878. 
 
 Section 1. — Be it enacted and ordained hy the Mayor and City 
 Covncil of Baltimore^ That all the ordinances and parts of ordinances 
 and resolutions printed and contained in the City Code, prepared by 
 Lewis Mayer, under Ordinance No. 15, approved April 2d, 1878, be, 
 and the same are hereby declared to be the Ordinances of the Mayor 
 and City Council of Baltimore ; and that they shall have the force 
 thereof; except, however, so far as the same may have been or may be 
 amended or repealed by ordinances or resolutions passed at the present 
 session of the Mayor and City Council of Baltimore. 
 
 Sec. 2. — And he it enacted and ordained, That all other ordinan- 
 ces and parts of ordinances and resolutions passed before the com- 
 mencement of the present session of the Mayor and City Council of 
 Baltimore be, and the same are hereby repealed. 
 
 Sec. 3. — And he it enacted and ordained. That the repeal in the 
 preceding section shall not affect any act done or any right accruing 
 or accrued, established or vested, or any suit or proceeding had' or 
 commenced in any case before the time when such repeal shall take 
 effect, nor any offence committed, nor any penalty or forfeiture incur- 
 red, nor any suit or prosecution pending at the time of such repeal, for 
 any offence committed, or for the recovery of any penalty Or forfeiture 
 incurred under any of the provisions so repealed ; and no ordinance or 
 part of an ordinance or resolution which has been heretofore repealed, 
 shall be revived by the repeal, in the preceding section, of any of the 
 ordinances, parts of ordinances or resolutions therein referred to. 
 
 Sec. 4. — And he it enacted and ordained, That this ordinance 
 shall take effect on and from the first day of February, in the year 
 eighteen hundred and seventy-nine. 
 
 Approved February *Jth, 1879. 
 
BALTIMORE CITY CODE. 
 
 .' ■^^ Of 
 
 ARTICLE I. 
 
 MAYOR AND CITY COUNCIL. 
 
 CONSTITUTION, ART. XI. 
 
 1. Mayor: term of office. 
 
 2. City Council : two branches. 
 
 3. Time of elections of members of 
 
 Council. 
 
 4. Annual sessions: sittings: called 
 
 or extra sessions. 
 
 5. Members not to hold any other 
 
 office : not to be interested in 
 contracts. 
 
 6. When Mayor may be removed. 
 
 No debt to be created, nor credit 
 given, unless authorized by act 
 of Assembly and ordinance, 
 and approved by voters: po- 
 lice : safety and health of city : 
 debts before Constitution. 
 
 What laws continued in force. 
 
 Power of General Assembly : city 
 corporation under its control. 
 
 STATUTES 
 
 INCORPORATTON. 
 
 1. City incorporated. • 
 
 PROPERTY. 
 
 2. Power to hold and take property : 
 
 trusts for the jwor, for munici- 
 pal, educational and charitable 
 purposes: sales and leases by 
 city : notice. 
 
 WARDS. 
 
 3. City divided : re-division. 
 
 THK MAYOR. 
 
 4. Election : qualifications. 
 
 5. Vacancy in office, how filled. 
 
 6. Who to act in case of sickness or 
 
 absence. 
 
 7. Term of office. 
 
 8. May act as justice of the peace: 
 
 may call officers to account. 
 
 9. To see ordinances executed : mes- 
 
 sage to Council. 
 
Mayor and City Council. 
 
 Article I. 
 
 10. Ordinances to be approved: may 
 
 return ordinances with reasons 
 for not approving : liow passed 
 by Council over veto. 
 
 11. When ordinances not returned. 
 13. Ordinances, evidence. 
 
 CITY COUNCrL. 
 
 13. Two branches. 
 
 14. First branch. 
 
 15. Second branch. 
 
 16. Election for first branch. 
 
 17. For second branch. 
 
 18. Qualifications of electors. 
 
 19. Vacancies. 
 
 20. Duty of judges of elections. 
 
 21. Time of meeting : provisos : quo- 
 
 rum. 
 32. Absent members: presidents of 
 branches. 
 
 23. Elections, returns and qualifica- 
 tions of members : expelling. 
 
 34. Rules : officers : fees : journal : 
 
 yeas and nays: deliberations, 
 public. 
 
 35. Compensation to members. 
 
 POWeKS OF MAYOK AND COUNCIL. 
 
 36. Ordinances : non-residents of city. 
 
 CITY OFFICERS. 
 
 27. Appointment of officers to be reg- 
 
 ulated by ordinances: when 
 Mayor to appoint with consent 
 of Council : appointment of 
 Register : vacancies, how filled. 
 
 28. What officers to hold at pleasure 
 
 of Mayor: commission, evi- 
 dence and removal. 
 
 ORDINANCES 
 
 THE MAYOR. 
 
 1. Salary of Mayor. 
 
 2. Salary of Mayor ex-offlcio. 
 
 3. Authority to execute appeal 
 
 bonds, &c. : indemnification. 
 
 mayor's SECRETARY. 
 
 4. Duties: salary. 
 
 mayor's clerk. 
 
 5. Duties : salary. 
 
 6. Not to be off duty without May- 
 
 or's permission. 
 
 city council. 
 
 7. Penalty for absence. 
 
 8. Fines, how collected. 
 
 9. Absence during session. 
 
 10. Adjournment. 
 
 11. Compensation. 
 
 13. Not to hold any other office of 
 emolument under corporation. 
 
 13. Duty of chief clerks : journal, 
 petitions, messages and reports 
 to be delivered to Register: 
 when clerks to be paid by Reg- 
 ister. 
 
 14. Chief clerks to endorse papers. 
 
 15. To furnish proceedings to city 
 
 printer. » 
 
 16. Copy of journal to be printed on 
 
 writing paper. 
 
 17. Clerks to receive from city printer 
 
 copy of journal on writing 
 paper : to be delivered to Reg- 
 ister: preserved in city library: 
 evidence. 
 
 18. Engrossing. 
 
 19. Register to have engrossed ordi- 
 
 nances bound. 
 
 20. To send copies of ordinances to 
 
 heads of departments. 
 
 21. City Librarian to furnish ordi- 
 
 nances, &c., to State Library, 
 Bar Library and Peabody In- 
 stitute. 
 
 23. Publication of ordinances in 
 newspapers : Register to ex- 
 amine proof sheets: index to 
 ordinances. 
 
 33. Newspapers to be paid quarterly : 
 35 per cent, to be deducted. 
 
Mayor and City Council. 
 
 Article I. 
 
 24. Duty of the assistant clerk of the 
 
 first branch. 
 
 25. Per diem sheet. 
 
 26. Clerk to the two V)ranches in 
 
 convention. 
 
 27. Weekly statement of appropria- 
 
 tions. 
 
 OATH. 
 
 28. Of members and corporation 
 
 officers. 
 
 CLAIMS BEFORE "fcoUNCIL. 
 
 29. Liinitation on claims. 
 
 30. Payments by Register. 
 
 31. Duty of joint standing committee 
 
 on claims: statement of charges. 
 
 FISCAL TEAK. 
 
 32. When to begin and end. 
 
 33. When officers to make reports 
 
 and returns. 
 
 34. Departments, &c., to report in- 
 
 debtedness. 
 
 35. Comptroller to report indebted- 
 
 ness over appropriation. 
 
 36. Not t o exceed appropriation : 
 
 penalty. 
 
 37. Regi-ster to notify city officers as 
 
 to expenditures: wlien comp- 
 troller to withhold his war- 
 rant. 
 
 WABDS. 
 
 38. Division of city into wards and 
 
 precincts. 
 
 LEGISLATIVE DISTRICTS. 
 
 39. Of what wards composed. 
 
 CITY OFFICERS. 
 
 40. What officers to be appointed 
 
 annually. 
 
 41. Power of removal by Mayor. 
 
 42. New appointments. 
 
 43. Officers not to be concerned in 
 
 contracts: penalty. 
 
 44. What officers to give bond. 
 
 45. Officers without compensation : 
 
 no bond required. 
 
 46. Officers of two hundred dollars 
 
 pay not required to give bond. 
 
 47. Extra compensation not to be 
 
 allowed : salaries, &c., not to be 
 increased or diminished : in- 
 crease of duties: increase of 
 compensation. 
 
 48. Extra compensation not to be 
 
 allowed contractor : exception. 
 
 49. When salaries paid. 
 
 50. City advertisements in German 
 
 paper. 
 
 CITY CONTRACTS. 
 
 51. Proposals to be laid before 
 
 Mayor : Mayor, Comptroller 
 and Register to award con- 
 tracts: exception. 
 
 52. Time and place for opening pro- 
 
 posals. 
 
 53. Bond from contractor. 
 
 54. Duty of Comptroller. 
 
 RECOEDS OF THE CITY. 
 
 55. Papers to be filed and recorded : 
 
 not to be taken out of office 
 except in certain cases : copies 
 to be furnished : fees. 
 
 56. City Librarian keeper of records, 
 
 &c. 
 
 57. Comptroller keeper of title deeds, 
 
 &c. : record books. 
 
 SEAL. 
 
 58. Battle monument. 
 
 ,59. Keeper of the seal: fees for af- 
 fixing seal : exception. 
 
Mayor and City Council. 
 
 Article I. — Constitution. 
 
 CONSTITUTION. ~AET. XI. 
 
 it?7n,c.ii6. Section 1. The inhabitants of the City of Baltimore, 
 
 qualified by law to vote in said city for members of the 
 
 Mayor. House of Delegates, shall on the fourth Wednesday of 
 
 October, eighteen hundred and sixty-seven, and on the same 
 day in every second year thereafter, elect a person to be 
 Mayor of the City of Baltimore,* who shall have such qual- 
 ifications, receive such compensation, discharge such duties, 
 and have such powers as are now, or may hereafter be pre- 
 
 * The following are the Mayors of the City of Baltimore from its incor- 
 poration as a city to the present time, and when elected : 
 1797. James Calhoun. 
 1804. Thorowgood Smith. 
 1808. Edward Johnson. 
 1816. George Stiles. 
 
 1819. Edward Johnson, elected for unexpired term of Geo. Stiles, deceased, 
 
 1820. John Montgomery. 
 1823. Edward Johnson. 
 
 1825. John Montgomery. 
 
 1826. Jacob Small, resigned. 
 1830. William Stewart. 
 1832. Jesse Hunt. 
 
 1835. Samuel Smith, in place of Jesse Hunt, resigned : re-elected, 1836. 
 1838. Sheppard C. Leakin. 
 1840. Samuel Brady, resigned. 
 1843. Solomon Hillen, Jr. 
 
 1843. James O. Law. 
 
 1844. Jacob G. Davies. 
 1848. Elijah Stansbury. 
 
 1850. J. Hanson Thomas Jerome. 
 1852. J. Smith Hollins. 
 1854. Samuel Hinks. 
 1856. Thomas Swann. 
 
 1860. Geo. Wm. Brown, arrested and imprisoned by U. S. Sept. 12, 1861 
 
 1861. John Lee Chapman, mayor ex-officio, during remainder of Mayor 
 
 Brown's term : in 1862, elected. 
 1867. Robert T. Banks, four years' term under Constitution. 
 1871. Joshua Vansant. 
 1^75. Ferdinand C. Latrobe. 
 1877. George P. Kane. 
 
 < 
 
Mayor and City Council. 
 
 Article I. — Constitution. 
 
 scribed by law; aud the term of whose office shall com- Term of office. 
 raence on the first Monday of November succeeding his 
 election, and shall continue for two years, and until his 
 successor shall have qualified. 
 
 2. The City Council of Baltimore shall consist of two city counrii. 
 branches, one of which shall be called the First Branch, and two branches. 
 the other the Second Branch ; and each shall consist of such 
 number of members, having such qualification, receiving 
 
 such compensation, performing such duties, possessing such 
 powers, holding such terms of office, and elected in such 
 manner, as are now, or may hereafter be prescribed by law. 
 
 3. An election for members of the First and Second Time of eiec- 
 Branch of the City Council of Baltimore sball be held in the of councji. 
 City of Baltimore on the fourth Wednesday of October, 
 eighteen hundred and sixty-seven ; and for members of the 
 
 First Branch on the same day in every year thereafter ; and 
 for members of the Second Branch on the same day in every 
 second year thereafter ; and the qualification for electors of 
 the members of the City Council shall be the same as those 
 prescribed for the electors of Mayor. 
 
 4. The City Council shall meet on the first Monday of ises, r. isi. 
 November of each and every year, and may continue in ses- Annual session. 
 sion for one hundred and twenty days and no longer ; pro- 
 vided, that they may by ordinance or resolution so arrange sittings. 
 their sittings that the same may be held continuously, or 
 otherwise ; and provided further, that the Mayor may con- caiied or extra 
 
 ' ^ sessions. 
 
 vene the City Council in extra session whenever, and as often 
 as it may appear to him that the public good may require ; 
 but no called, or extra session shall last longer than twenty 
 days, exclusive of Sundays. 
 
 5. No person, elected and qualified as Mayor, or as ^ Me^'^'^^^f^ "J'/j^^J 
 member of the City Council, shall, during the term for which otiice. 
 
 he was elected, hold any other office of profit or trust, created, 
 
Matob and City Council. 
 
 Article I. — Constitution. 
 
 When Mayor 
 may be remov- 
 ed. 
 
 No debt to be 
 created nor 
 credit given 
 without author- 
 ity of Legisla- 
 ture and appro- 
 val of voters. 
 
 or to be created, by the Mayor and City Council of Balti- 
 more, or by any law relating to the corporation of Baltimore, 
 or hold any employment, or position, the compensation of 
 which shall be paid, directly or indirectly, out of the city 
 Nor be Interest- treasury ; nor shall any such person be interested, directly 
 
 ed in contracts. ... , .. 
 
 or indirectly, in any contract, to which the city is a party ; 
 
 nor shall it be lawful for any person, holding any office 
 
 under the city, to be interested, while holding such office, in 
 
 any contract, to which the city is a party, 
 « 
 
 6. The Mayor shall, on conviction in a court of law, of 
 
 wilful neglect of duty, or misbehavior in office, be removed 
 from office by the Governor of the State, and a successor 
 shall thereafter be elected, as in a case of vacancy. 
 
 7. From and after tlie adoption of this Constitution, no 
 debt, (except as hereinafter excepted,) shall be created by the 
 Mayor and City Council of Baltimore ; nor shall the credit 
 of the Mayor and City Council of Baltimore be given, or 
 loaned to, or in aid of any individual, association, or corpo- 
 ration ; nor shall the Mayor and City Council of Baltimore 
 have the power to involve the City of Baltimore in the con- 
 struction of works of Internal Improvement, nor in granting 
 any aid thereto, which shall involve the faith and credit of 
 the city, nor make any appropriation therefor, unless such 
 debt or credit be authorized by an Act of the General Assem- 
 bly of Maryland, and by an ordinance of the Mayor and City 
 Council of Baltimore, submitted to the legal voters of the 
 City of Baltimore, at such time and place as may be fixed by 
 said ordinance, and approved by a majority of the votes cast 
 at such time and place; but the Mayor and City Council 
 may, temporarily, borrow any amount of money to meet any 
 deficiency in the city treasury, or to provide for any emer- 
 gency arising from the necessity of maintaining the Police, or 
 
 heluSofcity. Pi'eserving the safety and sanitary condition of the city, and 
 may make due and proper arrangements and agreements for 
 
 Police. 
 
Mayor and City Council. 
 
 Article I. — Constitution. 
 
 the removal and extension, in whole or in part, of any and Debts before 
 
 nil 111-' 1 1- IIP Constitution. 
 
 all debts and obligations, created according to law before the 
 adoption of this Constitution, 
 
 8. All laws and ordinances, now in force, applicable to Laws now in 
 
 , \ . force continued. 
 
 the Cit}^ of Baltimore, not inconsistent with this Article, 
 shall be, and they are hereby continued until changed in due 
 course of law. 
 
 9. The General Assembly may make such changes in General Assem- 
 
 •' •' '^ bly may make 
 
 this Article, except in section seventh thereof, as it may changes. 
 deem best ; and this Article shall not be so construed, or 
 taken as to make the political corporation of Baltimore in- 
 dependent of, or free from the control, which the General city corpora- 
 
 '■ ' ' tion under its 
 
 Assembly of Maryland has over all such corporations in this t^ontror. 
 State.* 
 
 * POWRRS OF THE CoRPOR.\TrON DRFINED BY THE CoURT OP APPEALS — 
 
 The City of Baltimore and the counties are public territorial divisions ol the 
 State, established for public political purposes connected with the adminis- 
 tration of the government — ix)ssessing the character, and endowed with the 
 powers of corporations, according to the laws severally applicable to each. 
 They are mere instruments of government and parts of the State : as public 
 corporations, they are subject to the control of the Legislature. Mayor, &c. 
 Bait. v. State, 15 Md. 376 ; Mayor, &c. Bait. v. Howard, 20 Md. 335. The 
 Mayor and City Council are but trustees of the public. State v. Orace^, 19 
 Md. 351. Oroff v. Mayor, dx. Fredeiic-k city, 44 Md. 67. 
 
 The tenure of their office impresses the ordinances of the Mayor and City 
 Council with liability to change. They could not, if they would, pass an 
 irrevocable ordinance. The corporation cannot abridge nor exceed its own 
 legislative powers. State v. Grams, 19 Md. 351. Mayor, &c. v. Clanet, 23 
 Md. 450. Mayor, i&c. v. Hughes, 1 G. & J. 480. A repealing ordinance of 
 the Mayor, &c., cannot destroy or affect any right which was acquired under 
 a previous ordinance before its repeal. McMecMn v. Mayor, &c., 2 H. & J. 
 41. See State v. Orams, 19 Md. 371. A valid ordinance may be passed, to 
 take effect on the happening of a future contingent event, even where that 
 event involves the assent to its provisions by other parties. Every intend- 
 ment and presumption ought to be made in support of the acts of corpora- 
 tions where exclusive jurisdiction and power to legislate upon a given 
 subject has lieen conferred by law. Ma.yor, &c. Bait. v. Clunet, 23 Md. 450. 
 Mayor, dtc. v. Hngfm, 1 G. & J. 4«0. The Mayor and City Council have 
 power to pass all ordinances necessary to carry into effect any given power. 
 
Mayor and City Council. 
 
 Article I. — Statutes. 
 
 STATUTES. 
 INCORPORATION, 
 p. L. L., Art. 4, 1. The inhabitants of the City of Baltimore are a Cor- 
 
 sec. 1. 
 
 poration, by the name of the ''Mayor and City Council of 
 Corporate pow- Baltimore," and by that name shall have perpetual sue- 
 
 ers. 
 
 cession, may sue and be sued, may purchase and hold real, 
 personal and mixed property, or dispose of the same for the 
 
 Olenn v. Mayor, &c., 5 G. & J. 424. Mayor, &c. Bait. v. Marriott, 9 Md. 
 160. Harrison v. Mayorr, &c., 1 Gill, 964. Methodist Prot. Church v. Mayor, 
 <&c., 6 Gill, 391. Rittenhmtse v. Mayor, &e., 25 Md. 336. Horn v. Mayor, dtc, 
 30 Md. 218. Mayor, &c. v. Moore, 6 H. & J. 381. Mayor, &c. v. Howard, 
 ibid, 389. 
 
 The Mayor and City Council of Baltimore are the agents and representa- 
 tives of the inliabitants, or corporators of the city of Baltimore, entrusted 
 ■with powers specially defined and limited, which can be exercised in the 
 manner and form only prescribed by law. When they transcend these 
 powers their acts, although done colore officii, and upon pretence of law, are 
 no more binding upon the corporators than would be the acts of an agent in 
 any other case upon his principal when done beyond the scope of the autho- 
 rity conferred. Where the Mayor and City Council of Baltimore have no 
 power to authorize an act to be done, it being ultra vires, they have no power 
 to adopt it after it is done. Horn v. Mayor, &c., 30 Md. 218. Mayor, &c. v. 
 Reynolds, 20 Md. 1. 
 
 The same general rules of construction which govern the interpretation 
 of acts of the Legislature are equally applicable to the legislative acts of a 
 municipal corporation. A municipal corporation may pass an ordinance 
 within the limits of its delegated powers, contingent as to its operation and 
 effect on the existence or occurrence of facts german to its subject matter. 
 A law which by its own terms is to have no effect until the happening of a 
 future contingent event, cannot be made effective before the event happens, 
 by any acts or series of supplements passed upon the assumption that the 
 event has happened and that the law is in force. All such acts instead of 
 possessing any curative powers, merely multiply errore. Parties dealing 
 with the agents or oflBcers of a municipal corporation, must at their peril 
 take notice of the limits of the powers both of the municipality and of those 
 who assume to act as its agents or officers. State ex rela. Mayor, &c. v. 
 Kir1(ky et aZ., 29 Md. 85. Tome v. Parkersbiirg. Branch R. R. Co., 39 Md. 75. 
 
Mayor and City Council. 
 
 Article I. — Statutes. 
 
 benefit of said city, and may have and use a common seal, 
 which may be altered at pleasure.* 
 
 PROPERTY. 
 
 2. All the property and funds of every kind belonging ibid, sec. 2. 
 to or in possession of the citv of Baltimore are vested in the Power to take 
 
 " , _ . , and hold prop- 
 
 said corporation ; and the said corporation may receive in «rty. 
 trust, and may control for the puriiose of such trusts, all Trusts ion he 
 
 ' '' '■ '■ poor for muni- 
 
 money or other property which may have been or shall he ^i^^'^^^'^ ^"^j^^^^^ 
 bestowed upon such corporation by will, deed, or in any ''"'''* ^"'''""* 
 
 * Ohio IN AND Boundaries.— Baltimore town in Baltimore county was " 
 laid out under tlie provisions of the Act of Assembly of 1729, c. 13. 
 The town was extended under the Acts of 1732, c. 14, 1745, c. 9, 1747, c. 21, 
 and 1773, c. 4. Baltimore city was incorporated by tlie Act of 1796, c. 68. 
 It was separated from Baltimore county by the Constitution of 1851 and the 
 Acts of 1852, cs. 17, 18, 80, 357, 1853, c. 253, and 1858, c. 248. 
 
 The present city bound.arles were established by virtue of the Act of 
 1816, c. 209. 
 
 The Boundaries of the City, as laid out by the commissioners appointed 
 under this Act, are as follows : Bounded on the north by a line drawn 
 parallel with Baltimore street in the said city, through a point one mile and 
 a half due north from the centre of Baltimore and Calvert streets in the said 
 city, and extending eastwardly seven hundred perches from the said point 
 to a public road passing from the Philadelphia post road, by the dwellings of 
 Amos Loney, Thomas Worthington and others, and westwardly six hundred 
 and forty perches from the -same point; on the east, by a line binding on 
 the east side of said r<md, to the Philadelphia post road, and from the Phila- 
 delphia post road, by a straight line, to the northeast corner of Lazaretto 
 lot, including said lot, and thence with the lines of said lot to the Patapsco 
 river; on the south by a line drawn from the Patapsco river, at the termin- 
 ation of the last mentioned line, to the most souther;i part of Whetstone 
 Point, on the niain branch of Patapsco river, and running with and bound- 
 ing on the said main branch, including the land ceded to the United States 
 on Whetstone Point, for the use of a fort, to the place called the Ferry Point, 
 being the junction of the said main branch with the middle branch afore- 
 said, and thence due west to the western side of the middle branch afore- 
 said, and on the west by.a line running from tlie termination of the last 
 mentioned line on the western shore of the middle branch, and binding on 
 the said shore, to the nortU of Gwynn's Falls, thence up and with the south- 
 west side of Gwynn's Falls to a poin* opposite to the mouth ot Gyynn's 
 Run, thence with a straight course to the mouth of Gwynn's Run, and 
 
10 
 
 Mayok and City Council. 
 
 Article I. — Statutes. 
 
 other form of gift or conveyance in trust for any general cor- 
 poratiDH purpose, or in aid of the indigent and poor, or for 
 the general purposes of education, or for charitable purposes 
 of any description within the said city ; and the said corpor- 
 saies and leases at ion may leasc or otherwise dispose of any property belong- 
 ing to the city, having first given public notice of such 
 
 Notice. 
 
 proposed lease or sale in one or more of the public news- 
 papers of said city, at least once a week for three successive 
 weeks before such lease or sale. 
 
 Ibid, sec. 3. 
 How divided. 
 
 Be-divi«ion. 
 
 WARDS. 
 
 '^. The city of Baltimore is divided into twenty wards, 
 according to their present bounds and limits, and it shall be 
 the duty of the corporation to correct the divisions from time 
 to time, so as to preserve as accuratel}'^ as may be an equal 
 number of inhabitants in each ward. 
 
 THE MAYOR. 
 
 Ibid, sec. 4. 
 1870, 0. 116. 
 
 Election. 
 
 4. The inhabitants of the city of Baltimore, qualified to 
 vote for members of the House of Delegates shall, on the 
 fourth Wednesday in October in every second year, elect by 
 
 thence with a straight line to the end of the aforementioned six hundred 
 and forty perch line. As to the Act, 1816, c. 309, and the boundaries of the 
 counties, see Raab v. The State, 7 Md. 494. Haminond's lessee v. InJms, 4 
 Md. 144, and Public General Laws, Art. I, sec. 10. 
 
 Baltimore county had been formed by proclamation as early as 1659. ' 
 This county included at first all land lying to the north of Anne Arundel 
 county on botlr sides of the Chesapeake Bay, thus comprising the larger 
 portion, if not the whole of the present counties of Cecil and Kent. The 
 County court was held at Joppa, on the Gunpowder river, from an early 
 period till 1768, when by Act of 1768, c. 14, a court house and prison in 
 Baltimore town were erected (see I^vy Court v. Owynn, 4 H. & .J. 237,) " on 
 the uppermost part of Calvert street next Jones' Falls," where the Buttle 
 monument now stands,— and on their completion, the records were removed 
 from Joppa, which has now ceased to be. By the vote of the county, No- 
 vember, 1853, the county seat of Baltimore county was located at Towson- 
 town, under the Act of 1853, c. 452. 
 
Mayor and City Council. 11 
 
 Article I. — Statutes. 
 
 ballot a person of known integrity, experience, and sound 
 judgment, twenty-five years of age, ten years a citizen of the Qualifications. 
 United States and five years a resident of said city next pre- 
 ceding the election and assessed on the books of the assessor 
 with property in said city to tlie amount of five hundred 
 dollars, to be Mayor of the City of Baltimore. 
 
 5. In case of a vacancy in the office of Mayor, the presi- ibia, sees. 
 dent of the first branch City Council, or if no president of vacancy in of- 
 
 •1 ' * fice; how tilled. 
 
 the first branch, or in his absence from the city, the presi- 
 dent of the second branch, shall, within five days after such 
 vacancy, order a new election, giving at least fifteen days' 
 notice of the same by advertisement in all the newspapers 
 in said city ; and the president of the first branch of the 
 City Council shall be ex-ojficio Mayor until a new elec- 
 tion.* 
 
 6. In case of the sickness or necessary absence of the p. l l., art. 4, 
 
 sec. 6. 
 
 Mayor, the president of the first branch, or if no president who to act in 
 
 •) ' t case of sickness 
 
 of the first branch, or in his absence from the city or sick- or absence, 
 ness, the president of the second branch, shall ex officio be 
 Mayor of the city during the continuance of such sickness 
 or necessary absence of the Mayor. 
 
 7. The term of office of the Mayor shall commence on the ibid.sec.?. 
 first Monday of November succeeding his election, and he xem of office, 
 shall receive such salary as shall have been provided by ordi- 
 nance previous to his election. 
 
 8. The Mayor shall in virtue of his office have all the ibid, sec. 8. 
 jurisdiction and powers of a justice of the peace, except as Ma^y^ act^a^s^^^^^^ 
 to the recovery of debts, and may call upon any officer of 
 
 the city entrusted with the receipt and expenditure of public Ma^y caii^officers 
 money for a statement of his accounts as often as he or the 
 corporation may conceive necessary. 
 
 • * See sec. 21, and the Act of 1878, c. 427, under Elections, Art. XVH. 
 
12 Mayor and Cixr Council. 
 
 Article I. — Statutes. 
 
 Ibid, sec.g. 9. He shall see that the ordinances are duly and faithfully 
 
 To seeordinan- executed, and sliall report annually to the corporation during 
 
 ceg executed. , . . . . 
 
 tlie first five days of their session the general state of the 
 
 Message to ' city with au accurate account of the money received and ex- 
 pended, to be published for the information of the citizens. 
 Ibid, sec 10. 10. All ordinances passed by the City Council shall be 
 
 Ordinances to scut to the Mayor for his approbation , and when approved 
 
 be approved. ■'••'■ 
 
 May return or- by liiiii sliall becomc a law ; but if the Mayor shall not ap- 
 
 dinance with 
 
 reasons lor not provB of any Ordinance, he shall return the same within five 
 
 approving. "^ ' 
 
 days, with his reasons in writing therefor, and if three- 
 cZnJiiover''^ fourths of both branches of the City Council, on considera- 
 ^*'°- tion thereof, approve of the ordinance^ it shall then be an 
 
 ordinance to all intents and purposes. 
 Ibid, sec. 11. 11. If any ordinance shall not be returned by the Mayor 
 
 wiienordi- withiu fivc day s after it shall have been presented to him, 
 
 nance not re- ^ ^^^i^, 
 
 turned. the sauie shall be a law in the same manner as if he had 
 
 approved it, unless the City Council by their adjournment 
 prevent its return. 
 
 f^-^<3j..,art.37, 12. The ordiuaiices and resolutions of the Mayor and City 
 Council of Baltimore may be read in evidence from the 
 
 Ordinance., evi- printed voluiiies thereof published by the authority of said 
 corporation. 
 
 CITY COUNCIL. 
 
 p. L. L., art. 4, 
 sec. 12. 
 
 ^ 13. The Council of the City of Baltimore shall consist of 
 
 Two branches, two brauchcs, ouc of which shall be denominated the first 
 
 branch and the other the second branch. 
 Ibid, sec. 13. 14. The first branch shall consist of one member from 
 
 FiMt branch, each M^ard of the city, who shall be a citizen of the United 
 States, above the age of twenty-one years, a resident of the 
 city three years preceding his election, and at the time thereof 
 a resident of the ward for which he is elected, and assessed 
 on the books of the assessor to the amount of three hundred 
 dollars, and shall hold his office for one year. 
 
Mayor and City Council. 13 
 
 Article I. — Statutes. 
 
 15. The second branch shall consist of one member from iwd, sec. 14. 
 every two contiguous wards, who shall be a citizen of the second branch. 
 United States, of the age of twenty-five years, and a resi- 
 dent of the city four years previous to his election, and 
 assessed on the books of the assessor to the amount of five 
 hundred dollars, and shall be elected every second year and 
 hold his office for two years, and shall be a resident at the 
 time of his election of one of the wards from which he is 
 elected. 
 
 Ifi. The election for members of the first branch shall be ibid, sec. 15. 
 held on the fourth Wednesday of October in each year, and Election for 
 
 . - , First blanch. 
 
 shall be held by wards, and no person shall be entitled to 
 vote for any but the member for the ward of which he is 
 resident, 
 
 17. The election for the members of the second branch iwd, sec. le. 
 shall be held on the fourth Wednesday of October in every For second 
 
 branch. 
 
 second year. 
 
 18. The qualification of electors of members of the City iwd.sec 17. 
 
 ■'■ Qualifications of 
 
 Council shall be the same as those of electors ot Mayor. electors. 
 
 19. All vacancies in the City Council shall be filled with- ibid, sec. is. 
 out delay from the ward or wards in which such vacancy vacancies. 
 occurs, in such manner as has been or may be directed by 
 ordinance. 
 
 20. The judges of election shall, within three days after iwd.sec.is. 
 an election of members of the first branch, notify to the per- Duty^^o^udge. 
 sons having the greatest number of legal votes in their res- 
 pective wards that they are duly elected; and the said 
 
 judges shall make the return of all elections for Mayor and 
 members of the City Council and deposit their polls as di- 
 rected by ordinance of the corporation. 
 
 21. The City Council shall meet on the first Monday of iMd,^--^2o. ^^^^ 
 November of each and every year, and may continue in ses- c. m ^^ ^^^^_ 
 sion for one hundred and twenty days, and no longer ; pro- ing. 
 
14 Mayor and Cut Council. 
 
 Article I. — Statutes. 
 
 Provisos. vided, that they may by ordinance or resolution so arrange 
 
 their sittings that the same may be held continuously or 
 otherwise ; provided further, that the Mayor may convene the 
 said City Council in extra session, as he may now do by virtue 
 of the 4th section of the 11th article of the Constitution. 
 
 Quorum. Two-thirds of each branch shall be a quorum to do business, 
 
 but a smaller number may adjourn from day to day. 
 
 se^'ii^'' "'■ ^' '^^- They may compel the attendance of absent members, 
 
 Abentmem- in such manner and under such penalties as they may by 
 
 ordinance provide ; they shall appoint their respective presi- 
 
 Presidentsof dents, wlio shall preside at all their sessions and shall vote 
 
 branches. ' ^ 
 
 on all questions, , 
 
 Ibid, sec. 22. 23. They shall judge of the elections, returns and qualifi- 
 
 Quaiifications, catious of their own members, and may, with the concurrence 
 
 elections, re- 
 
 tunis, &c., of or three-iourths oi the whole, expel any member for disorderlv 
 
 members. _ . '' 
 
 Expelling. behavior or malconduct in office, but not a second time for 
 the same cause. 
 
 Ibid, sec. 23. 24. Thcv sliall scttlc their rules of procedure, appoint 
 
 Rules; officers; their own officers, regulate their respective fees, and remove 
 
 fees. 
 
 Journal. them at pleasure ; they shall keep a journal of their proceed- 
 
 Ycas and nays, iugs, and enter the yeas and nays on any question, resolve 
 Deliberations or Ordinance, at the request of any member ; and their delib- 
 erations shall be public. 
 
 Ibid, sec. 24. 25. They shall ascertain by ordinance the compensation 
 
 Compensation for their services, which shall not be increased during their 
 
 to members. • • /v> 
 
 continuance in omce. 
 
 POWERS OF MAYOR AND COUNCIL. 
 
 Ibid, sec. 3s. 26. The Mayor and City Council shall have power to pass 
 
 Ordinances. all ordinauccs necessary to give eifect and operation to all 
 
 the powers vested in the corporation of the city of Balti- 
 
 Non-residentsof more, but the ordinances of the said corporation shall be in 
 city- . , ,. 
 
 no wise obligatory upon the persons ot non-residents of said 
 
Mator and City Council. 15 
 
 Article I. — Statutes. 
 
 city, unless in cases of intentional violation of ordinances 
 previously promulgated.* 
 
 CITY OFFICERS. 
 
 27. The Mayor and City Council may pass ordinances ibid, sec. 25. 
 rcifulatinK the manner of appointing persons to office under Appointment of 
 
 00 rr o 1 ^ officers to be 
 
 the corporation, which they are or may be authorized by law ^^jl^Jj^Jlg"* ^y°^' 
 
 to appoint, but unless such ordinances be passed, the Mayor 
 
 shall nominate, and, by and with the advice and consent of when Mayor to 
 
 ' appoint with 
 
 a convention of the two branches of the City Council, shall consent of coun- 
 
 appoint all officers under the corporation, except the Kegister 
 
 of the City and the clerks employed by the city or under 
 
 their authority ; the Rej'ister shall be appointed by a converi- Appointment 
 
 •^ ' o i A " and removal of 
 
 tion of the two branches of the City Council biennially, and Register. 
 shall be commissioned by the Mayor, but shall be removable 
 at pleasure by a convention of the said two branches ; all 
 vacancies happening during the recess of the City Council vacancies, ho^r 
 shall be filled by the Mayor, until the ensuing session of the 
 City Council. 
 
 28. All persons holding office under the corporation of iwd,sec.28. 
 the city shall, unless a different term of holding be provided 
 
 by law or ordinance, hold such office at the pleasure of the wh^^^^^XJ^ 
 Mayor, and the issuing of a commission by tlie Mayor to "^ ^'^y^'- 
 any person as an officer of said corporation shall be evidence commis^^on, 
 jyrima facie in any court in this State of the regularity and 
 sufficiency of the appointment and qualifications of such 
 person as such officer. 
 
 * The Act of 1876, c. 367, enacts that, any municipal corporation, in this 
 State, against which there is a judgment in any court of law in this State, 
 shall have power to levy a sum of money upon the assessable property ol 
 such municipality sulBcient to pay such judgments. See Watts v. President, 
 &c. Port Deposit, 46 Md. 500. 
 
16 Mayor and City Coitnotl. 
 
 Article I. — Ordinances. 
 
 ORDINANCES. 
 
 THE MAYOR. 
 
 No. 60, Ap.ia, 1. The compensation of the Mayor of the City of Balti- 
 saiary. more is herehy fixed at five thousand dollars per annum. 
 
 No. 20, R. o. 2. The president of either branch of the City Council, 
 
 Salary of Mayor while acting as Mayor, shall be allowed the sum of seven 
 dollars per day, for each and every day he shall act as such, 
 and the Register of the City is hereby authorized and re- 
 quired to pay such sum out of any money in the treasury 
 not otherwise appropriated. 
 
 No.4,Dec.3,'67. 3. lu casc of Htigatiou in which the interests of the 
 
 Mayor and City Council of Baltimore are concerned, the 
 
 Authority to Mayor is authorized to execute in association with any other 
 
 execute ;(ppeal _ "^ 
 
 bonds, &c. suitable person or persons he may procure, appeal bonds, in- 
 junction bonds, securityships for costs or other legal obliga- 
 tions, which may be necessary for the due prosecution of the 
 interests of the municipal corporation in such cases before 
 
 indemnifica- the courts ; and the faith of the. corporation is pledged for 
 the due indemnification of the party or parties who may 
 make such engagements or obligations on its behalf.* 
 
 tiou 
 
 MAYOR'S SECRETARY. 
 
 No. 92, May 15, 4. Thcrc shall annually be appointed as other city officers 
 are appointed, an officer who shall.be styled the Mayor's 
 
 Duties. Secretary, who shall perform such duties consistent with the 
 
 character of the office as the Mayor may direct. He shall 
 attend at the Mayor's office from 9 o'clock A. M. to 3 o'clock 
 P. M., and at such other times as the Mayor may require 
 
 Salary, his serviccs. He shall receive as a salary for his services the 
 
 sum of sixteen hundred dollars per annum. 
 
 ♦The Mayor could not execute appeal bonds, &c., before this ordinance. 
 See Mayor, dc. v. B. & 0. R. R. Co., 21 Md. 52. 
 
Mayor and City Council. 17 
 
 Article I. — Ordinances. 
 
 MAYOR'S CLERK. 
 
 5. There shall annually be appointed as other city officers iwd, b. 2. 
 are appointed, a clerk to the Mayor, whose duty it shall he Duties, 
 to attend at the office of the Mayor during office hours, and 
 
 to perform such duties as the Mayor may prescribe ; and the 
 said clerk shall also act as secretary to the Mayor during the 
 absence of the secretary, keep a record of all ordinances and 
 resolutions presented to the Mayor and signed by him, and 
 also of all permits for various purposes which may be issued 
 from the Mayor's office. He shall receive as a salary for his saUry. 
 services the sura of twelve hundred dollars per annum. 
 
 6. Neither of the aforegoing officers shall absent himself iwd.s.s. 
 from duty without the permission of the Mayor. dutVwithout 
 
 Mayor's per- 
 mission. 
 
 CITY COUNCIL. 
 
 7. If any member of the City Council shall neglect to no. 3,8.1, r.o. 
 appear at the hour of meeting in the branch of which he is penalty for ab- 
 a member, or shall, after appearance, absent himself before 
 
 the hour of adjournment, without leave first obtained of the 
 president of the branch of which he is a member, such per- 
 son shall forfeit and pay a sum not exceeding two dollars for 
 each oiFence, unless he is excused by the branch of which he 
 is a member. 
 
 8. The fines and forfeitures incurred under this ordinance ibid, s. 2. 
 shall be deducted out of any allowance due to the member Fines, howcoi- 
 
 lectcd, 
 
 incurring the same ; and if such member shall not have due 
 to him a sum sufficient to discharge and pay the fines and 
 forfeitures incurred as aforesaid, the balance or sum remain- 
 ing due shall and may be collected in the same manner as 
 other fines and forfeitures are and may be collected. 
 
 9. If any member shall not attend during the session of iwd.s.s. 
 the City Council, he shall transmit to the president of the 
 
18 Mayor and City Council. 
 
 Article I.— Ordinances. 
 
 Absence during branch of which he is a member a satisfactory excuse, in 
 writing, during the session, or he may be fined in the discre- 
 tion of his branch, not exceeding two dollars a day for each 
 day he shall so absent himself. 
 
 Ibid, s. 4. 10. Neither branch shall adjourn, without the consent of 
 
 Adjournment, the other, for a longer time than one day during the session. 
 
 No. 69. s. 1, II. The members of the City Council shall each receive 
 
 Compensation, ouc thousaud dollars per annum, as a compensation for their 
 services. 
 
 No.3,s.6, R. 0. 12. It shall not be lawful for any member of the City 
 
 No. 90, Oct. 5, , _ •' _ •' 
 
 No 32 Mar 21 Couucil to bc appointed or to accept appointment to any 
 
 '^'" office or clerkship under the corporation during the term 
 
 for which he was elected as a member of the City Council, 
 
 Not to hold any the Salary or emolument of which are fixed and determined 
 
 other office of 
 
 u"d°ir?orpora- ^-*^' ^^^ Mayor and City Council, whether said appointment 
 """• be made by the Mayor individually, or by the Mayor and 
 
 City Council in convention, or by any other officer or officers 
 
 of the city. 
 
 No.3,s. 7,R.o. 13. It shall be the duty of each of the chief clerks of the 
 
 Duty of chief City Couucil, within thirty days after each and every session, 
 
 to deliver, in person, to the Register of the City, the journal 
 
 Journal, peti- of his respcctive branch of the City Council ; also all peti- 
 tions, mes.sagcs . •' ' I 
 
 he'dSvidlo ^^°°^' memorials, messages, reports and commun-'cations of 
 
 Register. evcry description, which may have been received during the 
 
 session, and which may be in his possession at the close 
 
 bl'^pJld bTBeg- *'^®^®°^ ' ^^^ ^^® Register of the City is hereby directed to 
 
 ister. withhold from said clerk or clerks, one half of the amount 
 
 or amounts which may be due him or thsm, until he or they 
 
 shall have performed all the duties hereinbefore prescribed. 
 
 Ibid, s. 8. 14. The said clerks shall, before they deliver the papers 
 
 endorse*'^a c° ^^'^^^^^^^5 ^"^orsc cach and everyone in a proper manner, 
 and file them in separate bundles. 
 
Mayor and City Council. 19 
 
 Article I. — Ordinances. 
 
 15. It shall be their duty to furnish to the Printer ap- iwd, ». 9. 
 
 1 1 1 /^M -1 i 1 ii • • -111 No. 6, Nov. 21, 
 
 pointed by the Council to do the printing required by that '7i- 
 
 body, the proceedings of each branch, together with all peti- to furnish pro- 
 
 . ... , ceedings to 
 
 tions, memorials, communications, messages, reports 01 city printer, 
 committees, and such other documents as shall be directed 
 to be printed. 
 
 16. A copy of the journal of each day's proceedings of no. 30. Mar. 
 the respective branches of the City Council shall be printed copy of journal 
 
 . to be printed on 
 
 on writing paper corresponding in size and margins with writing paper. 
 that on which tlie daily proceedings of the respective 
 branches of the City Council are now or may hereafter be 
 printed. 
 
 17. It shall be the duty of each of the chief clerks of no. 20 Feb. 
 
 18, '.W. 
 
 the City Council to receive from the City Printer a copy ot no 3o,Mar. 
 the journal of each day's proceedings of the branch of which fj';^lf^' ^ov. 
 he is clerk, printed on writing paper, as provided in thecierksto 
 
 • 1 1 11 1 • J receive from 
 
 preceding section, which copy, when revised, shall be signed prmterofjour- 
 by the respective clerk and president of said branch, and l^f;°^JJ''- 
 shall be, by said clerks respectively, delivered to the Regis- to be delivered 
 
 ' •' 1 " - ^ to Register. 
 
 ter of the City, by whom the same shall bo bound in a sub- 
 stantial manner, and preserved in the City Library ; which preserved m 
 
 ' A _ city library. 
 
 said certified journals shall be evidence of the proceedings Evidence. 
 of the respective branches of the City Council. 
 
 18. The clerks of each branch of the City Council, inNo.^3.s.ii 
 engrossing the ordinances and resolutions passed by the City Engrossing. 
 Council, shall cause the same to be done on paper of good 
 quality and uniform size, each sheet with an inner margin 
 
 of at least two inches in width, the better to permit the same 
 to be bound as provided for in the next succeeding section. 
 
 19. The Register shall cause the original engrossed copies no.s.s.t.r. o. 
 of the ordinances and resolutions, passed by the City Coun- Registenohave 
 cil, to be suitably bound in a volume, labelled with the year ..--dordi. 
 or years of the several sessions during which the same were 
 
20 Matoe and City Council. 
 
 Article I.— Ordinances. 
 
 passed, and properly paged and supplied with an index of 
 the full title of each of said ordinances and resolutions. 
 
 No. 78, May "20. It shall hc the dutv of the Register, immediately 
 
 Register to send after the approval of any ordinance or resolution of the City 
 
 nanoeMo hpads Couucil, aifccting; any of the departments of the city govern- 
 or departmentK. ' o J x ^ ./ o 
 
 ment, either hy ordering them to do certain work or other- 
 wise, to send a copy of such ordinance or resolution to the 
 head of department so alluded to. 
 
 No. 8, s. 16, 21. The City Librarian shall annually furnish to the State 
 
 City Librarian Library two copies, and to the Library Company of the Balti- 
 iTaocei", &c., to morc Bar, two .copies of the ordinances and journals for each 
 
 State library, Ac i-r.iiT • n i • r'T->i- 
 
 No. 34, Ap. 3, year ; and to the Peabody Institute oi the city ol Baltimore 
 Ordinances, &c. ouc copy of the Ordinances, journals, reports and other publi- 
 
 to he sent to , n i • <• i 
 
 Peabody insti- catious ot the City tor cach year. 
 
 Ibid, s. 9. 22. It shall be the duty of the Register to cause all the 
 
 Res. No. 450, . . "^ . '^ 
 
 Nov. 6,73. ordinances and resolutions of the city, of a public or general 
 Publication of iiaturc, to bc publislicd in such and so many newspapers, 
 
 ordinances, &c., 
 
 in newspapers, [one of wliich sliall bc the German newspaper of the city 
 having the largest circulation,] as he may deem best calcu- 
 lated to give general information to the citizens ; provided that 
 no higher rate or charge be allowed for publication in the 
 German newspaper than shall be charged for printing the 
 same ordinances and resolutions in the newspapers printed 
 in the English language, and that the whole expense to be 
 thereby incurred shall not exceed the annual appropriation 
 
 fmini proor' ^^^ ^^^^ objcct ; and it shall be his duty carefully to examine 
 
 sheets. tj^g proof shccts of the ordinances and resolutions, as they are 
 
 printed by the City Printer in book form, and to furnish an 
 
 Index to ordi- indcx to the same ; which books shall be deposited in the 
 
 nances. ^ 
 
 City Library. 
 No.j',g.i2, 23. The Register is hereby directed, on the certificate of 
 
 ^ubiiFher^s'tobe ^^^ Comptroller, with the approbation of the Mayor, to pay 
 paid quarterly, quarterly to the publishers of such papers as may be desig- 
 
Mayob and City Council. 21 
 
 Article I. — Ordinances. 
 
 nated for that purpose, all bills for public or corporation 
 printing which may be required by ordinance, or which shall 
 be ordered by any of the corporate authorities of the city ; 
 provided, that the whole exjjense thereby incurred shall not proviso, 
 exceed the amount annually appropriated for that purpose ; 
 and that all the bills aforesaid shall be certified by the sev- 
 eral parties presenting them, to be charged at the usual 
 customarv prices charged for such work, from which the as per cent, to 
 
 " ^ '^ ' be deducted. 
 
 Kesister shall deduct twenty-five per centum upon the pay- 
 ment thereof. 
 
 24. It shall be the duty of tlie assistant clerk of the first No. 3, s. 10, 
 
 , R. o. 
 
 branch of the City Council, nnder the direction of the chief Duty of assis- 
 tant clerk of 
 clerk, with the approval of the president of the first branch, first branch. 
 
 to engross all ordinances and resolutions passed by the Coun- 
 cil which originate in the first branch ; to have all petitions, 
 memorials, messages, rei)orts and communications, properly 
 endorsed, ready for the signature of the chief clerk ; to write 
 all messages from the first to the second branch, and to pre- 
 pare all communications rendered necessary by order or reso- 
 hit'on of the branch, ready for the signature of the chief 
 clerk ; to convey all messages from the first to the second 
 branch, and to perform all such other duties as may be re- 
 quired of him by the Council in connection with their busi- 
 ness, except the preparation of the manuscript journal for 
 the City Printer, and the recording of the approved proceed- 
 ings in the regular journal of the session ; provided, how- proviso. 
 ever, that in case of the absence from sickness or other cause 
 of the chief clerk, he shall perform said duty also. 
 
 25. The chief clerks of the City Council shall on the last iwd, s. 11. 
 day of every session, lay before their respective branches a Per diem sheet. 
 per diem sheet with the name of every member, the number 
 
 of days he has attended, as recorded on their journals for the 
 said session, and the amount carried out to each name ; and 
 
22 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 shall, furthermore, deliver said sheet to the Register of the 
 City within five days after each session. 
 
 Ibid, s. 12. 26. The clerk of the second branch is constituted the 
 
 Clerk to the two chief clcrk of the two branches when in convention, and as 
 
 branches in 
 
 convention. such, shall immediately after the adjournment of a conven- 
 tion, notify the Mayor of the adoption or rejection of any 
 nomination, and of all appointments made by said convention. 
 Ibid, 8. 13. 27. It shall be the duty of the clerks of the two branches 
 
 weei£iy state- of the City Couucil to prepare weekly statements of the 
 
 ments of appro- '' l r j 
 
 pnations. appropriations of money passed by the two branches of the 
 City Council, and on each Monday during the session, to 
 place the same on the journals of the respective branches of 
 the City Council, and such statements shall show the aggre- 
 gate amount of appropriations up to the time of preparing 
 them. 
 
 OATH. 
 
 No. I.Nov. 28. Every member of the branches of the City Council 
 
 31, 'o7. •' 
 
 and every corporation officer, shall respectively before enter- 
 ber\\nd'^or";- ^"« ^^ ^"^ ^"^^^ ^^ ^^^^ officcr, take and subscribe the oath 
 set forth in the sixth section of Article I of the Constitution, 
 and no other oath.* 
 
 ration officers. 
 
 *This ordinance recites tliat sec. 6, Art. 1 of tlie Constitution requires, 
 that " every person elected or appointed to any office of profit or trust under 
 this Constitution, or under the laws made pursuant thereto, shall, before he 
 enters on the duties of such office," take the. oath set forth in said section 
 and that the 37th article of the Bill of .Eights ordains, " nor shall the Legis- 
 lature prescribe any other oath of office than the oath prescribed by the 
 
 Con8titution."--The oath is as follows: I, , do swear, (or affirm, as 
 
 the case may be,) that I will support the Constitution of the United States; 
 and that I will be faithful and bear true allegiance to the State of Maryland', 
 and support the Constitution and Laws thereof; and that I will, to the best 
 of my skill and judgment, diligently and faithfully, without partiality or 
 
 prejudice, execute the office of , according to the Constitution and 
 
 Laws of this btate, (and, if a governor, senator, member of the House <;f 
 Delegates, or judge,) that I will not directly or indirectly, receive the profits 
 or any part of the profits, of any other office during the term of my acting 
 
Mayor and City Council. 23 
 
 Article I. — Ordinances. 
 
 CLAIMS BEFORE COUNCIL. 
 
 29. No claim shall be considered by the Council after the no. 88, June, '7i 
 period of limitation has elapsed by which under the law of Limitations on 
 the State of Maryland such claim would be barred, 
 
 30. The Register shall pay no claim, order or demand no. 23, s.i, 
 
 1 ^. Mar. IG, '71. 
 
 made upon him for committee or other expenses of the City 
 Council not autliorized by ordinance or resolution, unless he payments by 
 
 Register. 
 
 shall have produced to him, together with the warrant of 
 the City Comptroller, the account of such expenses, with 
 the endorsement and approval thereon of a majority of the 
 members of the joint standing committee on claims, existing 
 at the time such expenses were incurred. 
 
 31. It shall be the duty of the joint standing committee iwd.s.a. 
 on claims of each Council to examine carefully all accounts Duty of joint 
 
 St»ndiiig Com- 
 
 presented to them, of committee or other expenses of the ^^^l^^'^" 
 Council, not authorized by resolution or ordinance, and they 
 shall require satisfactory evidence to be produced to them of 
 the correctness of such accounts ; and if for committee ex- 
 penses, they shall require the endorsement of a majority of 
 the committee interested, and a full statement of the charges a sutementof 
 made, and evidence of the propriety and reasonableness of 
 such charges. They shall then endorse on such accounts 
 their approval or rejection thereof, and certify the same to 
 
 the Comptroller. 
 
 FISCAL YEAR. 
 
 32. The fiscal year of the corporation shall begin on the No.^57, June 
 first day of January, and end on the thirty-first day of Fiscal year. 
 December in every year. 
 
 33. The Register of the City, and all other officers of the ibid s. 2. 
 corporation, shall make to the Mayor and City Council their when^omcers^^ 
 annual reports and returns of all matters, as required by "^ -'"-• 
 law, connected with their respective offices, as soon after the 
 
 said thirty-first day of December as practicable. 
 
24 
 
 Mayor and City Council. 
 
 Article I. — Ordinauces. 
 
 No. 29, May 
 2, '77. 
 
 Departments, 
 &c., to report 
 indebtedness. 
 
 34. The heads of the several departments of the citj'^ 
 government, as well as the officers or commissions that are 
 charged with the ma'king of contracts, or the expenditure of 
 the public money, shall, in making up their annual reports 
 to the Mayor and City Council, or in submitting reports to 
 the Comptroller, as the case may be, state the amount of 
 their indebtedness respectively, and for what purposes or 
 object such indebtedness was incurred. 
 
 35. The Comptroller shall, as soon after the termin- 
 comptroiierto atiou of cach fiscal year as may be practicable, report to the 
 
 report indebted- 
 ness over appro- QJtV CoUUCi I the indebtedness of any department, commis- 
 priation. *' ^i i. j 
 
 sion, &c., whenever such indebtedness, added to the sum 
 expended, will jjroduce an excess over and above the sum 
 appropriated for the use of the department, commission, &c., 
 as the case may be. 
 
 Ibid, 8. 8. 
 
 No. 4,8.4, R.o. 36. If any officer or officers of the corporation, shall, 
 without authority, expend or contract for the expending any 
 public money, or shall in any case exceed the appropriation, 
 he or they shall be held liable in his or their individual 
 capacity for the amount so improperly expended or contracted 
 to be expended. 
 
 Not to exceed 
 appropriation. 
 
 Penalty. 
 
 Res. No. 250, 
 Oct. 5, '69. 
 Register to 
 notify city 
 officers as to 
 expenditures. 
 
 When Comp- 
 troller to with- 
 hold his war- 
 rant. 
 
 37. It shall be the duty of the Kegister to notify all 
 officers of the corporation that under and by virtue of the 
 preceding section, they and each of them are liable in their 
 individual capacities for any violation of the provisions of 
 said section, and enjoin on them the necessity of regulating 
 their expenditures to the amount appropriated by the Mayor 
 and City Council. And it shall be the duty of the Comp- 
 troller to withhold his warrant from any officer or officers of 
 the corporation for the payment of any moneys after the 
 amount appropriated for the specific object shall have been 
 expended. 
 
Mayor and City Council. 25 
 
 Article I. — Ordinances. 
 
 WARDS. 
 
 38. The limits of the several wards and precincts are as 
 follows :* 
 
 First Ward. — Beginning at the intersection of Monument 
 street and Wolfe street ; thence east along the south side of 
 Monument street to city limits ; thence south along city 
 limits to Lazaretto ; thence around the water line of North- 
 west Branch to Fell street ; thence along the east side of 
 Fell street to Wolfe street ; thence north along the east side 
 of Wolfe street to the place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of the city 
 limits and the water line (at the Lazaretto) ; thence around 
 the water line of the Northwest Branch to Luzerne street ; 
 thence alonjf the east side of Luzerne street to Eastern 
 avenue ; thence along the south side of Eastern avenue to the 
 city limits ; thence south along the city limits to the place 
 of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Luzerne 
 street and the water line ; thence along the water line to 
 Chester street ; thence along the east side of Chester street 
 to Canton avenue ; thence along the south side of Canton 
 avenue to Choptank street ; thence along the east side of 
 Choptank street to Eastern avenue ; thence along the south 
 side of Eastern avenue to Luzerne street ; thence along the 
 west side of Luzerne street, south to the place of beginning. 
 
 *Ttiese are the boundaries of the twenty wards of Baltimore city as es- 
 tablished by the Mayor and City Council in 1860, under ordinance No. 79, 
 Sept. 18, 1860, and of the several precincts of said wards as re-established 
 by the Board of Police Commissioners under the Act of 1876, ch. 347.— 
 (See Article XVII, " Elections.") 
 
 The city was divided into twelve wards by Act of 1817, ch. 148, and 
 finally into twenty wards by the Acts of 1844, ch. 282; 1845, ch. 238 and 
 1847, ch. 175. 
 
26 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Precinct No. 3. — Beginning at the intersection of Chester 
 street and the water line, thence along tlie water line to Fell 
 street ; thence along the northeast side of Fell street to 
 Wolfe street ; thence along the east side of Wolfe street to 
 Bank street ; thence along the south side of Bank street to 
 Washington street ; thence along the west side of Washing- 
 ton street to Eastern avenue ; thence along the south side of 
 Eastern avenue to Choptank street ; thence along the west 
 side of Choptank street to Canton avenue ; thence along the 
 north side of Canton avenue to Chester street; thence along 
 the west side of Chester street to the place of beginning. 
 
 Precinct JVo. 4. — Beginning at the intersection of the city 
 limits and Eastern avenue ; thence along the north side of 
 Eastern avenue to Washington street ; thence along the east 
 side of Washington street to Bank street ; thence along the 
 north side of Bank street to Wolfe street ; thence along the 
 east side of Wolfe street to Gough street ; thence along the 
 south side of Gough street to Chester street ; thence along 
 the west side of Chester street to Bank street ; thence alons: 
 the north side of Bank street to the city limits ; thence 
 along the city limits, south, to the place of Jbeginning. 
 
 Precinct JVo. 5. — Beginning at the intersection of the 
 city limits and Bank street ; thence along the north side of 
 Bank street to Chester street ; thence along the east side of 
 Chester street to Gough street ; thence along the north side 
 of Gough street to Wolfe street ; thence along the east side 
 of Wolfe street to Pratt street ; thence along the south side 
 of Pratt street to the city limits ; thence along the city 
 limits, south, to the place of beginning. 
 
 Precinct No. 6, — Beginning at the intersection of the city 
 limits and Pratt street ; thence along the north side of Pratt 
 street to Wolfe street ; thence along the east side of Wolfe 
 street to Baltimore street ; thence along the south side of 
 
Mayor and City Council. 27 
 
 Article I. — Ordinances. 
 
 Baltimore street to the city limits ; thence along the city 
 limits, south, to the place of beginning. 
 
 Precinct No. 7. — Beginning at the intersection of Chester 
 street and Baltimore street ; thence along the north side of 
 Baltimore street to Wolfe street ; thence along the east side 
 of Wolfe street to Orleans street ; thence along the south 
 side of Orleans street to Chester street ; thence along the 
 west side of Chester street to the place of beginning. 
 
 Precinct No. 8. — Beginning at the intersection of the 
 city limits and Baltimore street ; thence along the north 
 side of Baltimore street to Chester street ; thence along the 
 east side of Chester street to Orleans street ; thence along 
 the north side of Orleans street to Wolfe street ; thence 
 along the east side of Wolfe street to Monument street ; 
 thence along the south side of Monument street to the city 
 limits ; thence along the city limits, south, to the place of 
 beginning. 
 
 Second Ward. — Beginning at the intersection of Bank 
 street and Wolle street ; thence south along the west side 
 of Wolfe street to Fell street ; thence southeast along the 
 southwest side of Fell street to water line ; thence along 
 the water line of Northwest Branch and Jones' Falls to 
 Eastern avenue ; thence east along the south side of Eastern 
 avenue to Central avenue ; thence north along the east side 
 of Central avenue to Bank stieet; thence east along the 
 south side of Bank street to the place of beginning. 
 
 Precinct No. 1.— Beginning at the intersection of the 
 water line and Fell street ; thence along the southwest side 
 of Fell street to Wolfe street ; thence along the west side 
 of Wolfe street to Canton avenue ; thence along the south 
 side of Canton avenue to Bond street ; thence along the east 
 side of Bond street to Alice Anna street ; thence along the 
 north side of Alice Anna street to Broadway ; thence along 
 
28 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 the east side of Broadway to the water line ; thence along 
 the water line to the place of beginning. 
 
 Precinct JVo. 2. — Beginning at the intersection of the 
 water line and Broadway ; thence along the west side of 
 Broadway to Alice Anna street ; thence along the south side 
 of Alice Anna street to Caroline street ; thence along the 
 east side of Caroline street to Dock street ; thence along 
 the south side of Dock street to the water line ; thence 
 along the water line to the place of beginning. 
 
 Precinct JVo. 3. — Beginning at the intersection of Wolfe 
 street and Canton avenue ; thence along the north side of 
 Canton avenue to Bond street ; thence along the east side 
 of Bond street to Bank street ; thence along the south side 
 of Bank street to Wolfe street ; thence along the west side 
 of Wolfe street to the place of beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Alice 
 Anna street and Bond street ; thence along the north side 
 of Alice Anna street to Caroline street ; thence along the 
 west side of Caroline street to Lancaster street ; thence 
 along the north side of Lancaster street to Jones' Falls ; 
 thence along the east side of Jones' Falls to Eastern avenue ; 
 thence along the south side of Eastern avenue to Central 
 avenue ; thence along the east side of Central avenue to 
 Bank street; thence along the south side of Bank street to 
 Bond street ; thence along the west side of Bond street to 
 the jjlace of beginning. 
 
 Third Ward.— Beginning at the intersection of Central 
 avenue and Baltimore street ; thence south along the east 
 side of Central avenue to Bank street ; thence east alono- 
 the north side of Bank street to Wolfe street ; thence north 
 along the west side of Wolfe street to Baltimore street; 
 thence west along the south side of Baltimore street to the 
 place of beginning. 
 
Mayor and City Council. 29 
 
 Article I. — Ordinances. 
 
 Precinct JVo. 1. — Beginning at the intersection of Bank 
 street and Wolfe street ; thence along the north side of 
 Bank street to Broadway ; thence along the east side of 
 Broadway to Pratt street; thence along the south side of 
 Pratt street to Wolfe street ; thence along the west side of 
 Wolfe street to the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Bank 
 street and Broadway ; thence along the north side of Bank 
 street to Caroline street ; thence along the east side of Caro- 
 line street to Pratt street ; thence along the south side of 
 Pratt street to Broadway; thence along the west side of 
 Broadway to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Pratt 
 street and Wolfe street ; thence along the north side of 
 Pratt street to Broadway; thence along the east side of 
 Broadway to Baltimore street ; thence along the south side 
 of Baltimore street to Wolfe street ; thence along the west 
 side of Wolfe street to the place of beginning. 
 
 Preanc^ iVb. 4 —Beginning at the intersection of Pratt 
 street and Broadway ; thence along the north side of Pratt 
 street to Caroline street ; thence along the east side of Caro- 
 line street to Baltimore street ; thence along the south side 
 of Baltimore street to Broadway ; thence along the west 
 side of Broadway to the place of beginning. 
 
 Precinct No. 5.— Beginning at the intersection of Bank 
 street and Caroline street; thence along the north side of 
 Bank street to Central avenue ; thence along the east side 
 of Central avenue to Baltimore street ; thence along the 
 south side of Baltimore street to Caroline street; thence 
 along the west side of Caroline street to the place of begin- 
 ning. 
 
 Fourth Ward.— Beginning at the intersection of Central 
 avenue and Favette street ; thence south along the west 
 
30 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 side of Central avenue to Eastern avenue ; thence west 
 along the north side of Eastern avenue around to Jones' 
 Falls ; thence north along the line of Jones' Falls to Fay- 
 ette street ; thence east along the south side of Fayette 
 street to the place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Eastern 
 avenue and Central avenue ; thence along the west side of 
 Central avenue to Stiles street ; thence along the south side 
 of Stiles street to Exeter street ; thence along the west side 
 of Exeter street to Pratt street ; thence along the south side 
 of Pratt street to East Falls avenue ; thence along East 
 Falls avenue to Eastern avenue ; thence along the north side 
 of Eastern avenue to the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Pratt 
 street and Exeter street ; thence along the west side of Exe- 
 ter street to Fayette street ; thence along the south side of 
 Fayette street to Jones' Falls ; thence along the east side of 
 Jones' Falls to Pratt street ; thence along the north side of 
 Pratt street to the place of beginning. 
 
 Precinct No. 3.— Beginning at the intersection of Stiles 
 street and Central avenue ; thence along the north side of 
 Stiles street to Exeter street ; thence along the east side of 
 Exeter street to Fayette street ; thence along the south side 
 of Fayette street to Central avenue ; thence along the west 
 side of Central avenue to the place of. beginning. 
 
 Fifth Ward.— Beginning at the intersection of Fayette 
 street and Central avenue ; thence westward along the north 
 side of Fayette street to Jones' Falls ; thence north along 
 the line of Jones' Falls to Hillen street ; thence northeast- 
 erly along the southeasterly side of Hillen street to Monu- 
 ment street; thence east along the south side of Monument 
 street to Central avenue ; thence south along the west side 
 of Central avenue to the place of beginning. 
 
Mayor and City Council. 31 
 
 Article I. — Ordinances. 
 
 Precinct No. 1. — Beginning at the intersection of Fayette 
 street and Central avenue ; thence along the west side of 
 Central avenue to Orleans street ; thence along the south 
 side of Orleans street to Forrest street ; thence along the 
 west side of Forrest street to Low street ; thence along the 
 southeast side of Low street to Chestnut street ; thence along 
 the northeast side of Chestnut street to Douglas street ; 
 thence along the north side ot Douglas street to East street ; 
 thence along tlie northeast side of East street to Fayette 
 street ; thence along the north side of Fayette street to the 
 place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Central 
 avenue and Orleans street ; thence along the west side of 
 Central avenue to Monument street ; thence along the south 
 side of Monument street to Aisquith street; thence along 
 the east side of Aisquith street to Low street ; thence along 
 the southeast side of Low street to Forrest street ; thence 
 along the northeast side of Forrest street to Orleans street ; 
 thence along the north side of Orleans street to the place of 
 beginning. 
 
 Precinct No. 3.— Beginning at the intersection of Aisquith 
 street and Monument street ; thence along the south side of 
 Monument street to Hillen street ; thence along the south- 
 east side of Hillen street to Chestnut street ; thence along 
 the northeast side of Chestnut street to Low street ; thence 
 along the northwest side of Low street to Aisquith street ; 
 thence along the west side of Aisquith street to the place of 
 beginning. 
 
 Precinct No. 4.— Beginning at the intersection of Hillen 
 street and Chestnut street ; thence along the southeast side 
 of Hillen street to Jones' Falls ; thence along the northeast 
 side of Jones' Falls to Low street ; thence along the north- 
 west side of Low street to Chestnut street ; thence along the 
 southwest side of Chest.nut street to the place of beginning. 
 
32 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Precinct No. 5. —Beginning at the intersection of Fayette 
 street and East street ; thence along the west side of East 
 street to Douglas street ; thence along the south side of 
 Douglas street to Chestnut street ; thence along the south- 
 west side of Chestnut street to Low street ; thence along the 
 southeast side of Low street to Jones' Falls ; thence along 
 the northeast side of Jones' Falls to Fayette street ; thence 
 along the north side of Fayette street to the place of begin- 
 ning. 
 
 Sixth Ward. — Beginning at the intersection of Monument 
 street and Central avenue ; thence east along the south side 
 of Monument street to Wolfe street ; thence south along the 
 west side of Wolfe street to Baltimore street ; thence west 
 along north side of Baltimore street to Central avenue ; 
 thence north along the east side of Central avenue to the 
 place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Balti- 
 more street and Wolfe street ; thence west along the north 
 side of Baltimore street to Bond street ; thence along the 
 east side of Bond street to Fayette street ; thence along the 
 south side of Fayette street to Wolfe street ; thence along 
 the west side of Wolfe street to the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Wolfe 
 street and Fayette street ; thence north along the west side 
 of Wolfe street to Monument street ; thence along the south 
 side of Monument street to Broadway ; thence along the east 
 side of Broadway to Fayette street ; thence along the north 
 side of Fayette street to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Monu- 
 ment street and Broadway ; thence west along the south side 
 of Monument street to Caroline street ; thence along the east 
 side of Caroline street to Orleans street ; thence along the 
 
Mayor and City Codncil. 33 
 
 Article I. — Ordinances. 
 
 north side of Orleans street to Broadway ; thence along the 
 west side of Broadway to the place of beginning. 
 
 Precinct No. 4.— Beginning at the intersection of Monu- 
 ment street and Caroline street ; thence west along the south 
 side of Monument street to Central avenue ; thence alonff 
 the east side of Central avenue to Orleans street ; thence 
 along the north side of Orleans street to Caroline street ; 
 thence along the west side of Caroline street to the place of 
 beginning. 
 
 Precinct No. 5. — Beginning at the intersection of Central 
 avenue and Orleans street ; thence south along the east side 
 of Central avenue to Holland street ; thence along the north 
 side of Holland street to Caroline street ; thence along the 
 east side of Caroline street to Fayette street ; thence along 
 the northwest side of Fayette street to Broadway ; thence 
 along the west side of Broadway to Orleans street ; thence 
 along the south side of Orleans street to the place of begin- 
 ning. 
 
 Precinct No. 6. — Beginning at the intersection of Balti- 
 more street and Central avenue ; thence east along the north 
 side of Baltimore street to Bond street ; thence along the 
 west side of Bond street to Fayette street ; thence along the 
 southeast side of Fayette street to Caroline street ; thence 
 along the west side of Caroline street to Holland street ; 
 thence along the south side of Holland street to Central 
 avenue ; thence along the east side of Central avenue to the 
 place of beginning. 
 
 Seventh Ward.— Beginning at the intersection of Monu- 
 ment street and Ensor street ; thence north along the east 
 side of Ensor street to Harford avenue ; thence north along 
 the east side of Harford avenue to city limits ; thence east 
 and south along city limits to Monument street; thence 
 
34 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 west along the north side of Monument street to the place of 
 beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Monu- 
 ment street and East Boundary avenue ; thence westerly 
 along the north side of Monument street to Broadway ; 
 thence along the east side of Broadway to Eager street ; 
 thence along the south side of Eager street to East Boundary 
 avenue ; thence along the west side of East Boundary ave- 
 nue to the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Monu- 
 ment street and Broadway ; thence westerly along the north 
 side of Monument street to Caroline street ; thence along 
 the east side of Caroline street to Madison street ; thence 
 along the south side of Madison street to Bond street ; 
 thence along the east side of Bond street to Eager street ; 
 thence along the south side of Eager street to Broadway ; 
 thence along the west side of Broadway to the place of be- 
 ginning. ' 
 
 Precinct No. 3. — Beginning at the intersection of Monu- 
 ment street and Gay street ; thence easterly along the north 
 side of Monument street to Caroline street; thence along the 
 west side of Caroline street to Madison street ; thence alons: 
 the north side of Madison street to Bond street ; thence 
 along the west side of Bond street to Eager street ; thence 
 along the south side of Eager. street to Gay street; thence 
 along the southeast side of Gay street to the place of begin- 
 ning. 
 
 Precinct No. 4.— Beginning at the intersection of Monu- 
 ment street and Ensor street ; thence easterly along the 
 north side of Monument street to Gay street ; thence along 
 the northwest side of Gay street to Chew street; thence 
 along the south side of Chew street to Ensor street ; thence 
 along the east side of Ensor street to the place of beginning. 
 
 « 
 
Mayor and City Council. 35 
 
 Article I. — Ordinances. 
 
 Prechict No. 5. —Beginning at the intersection of Ensor 
 street and Chew street ; tlience easterly along the north side 
 of" Chew street to Gay street ; thence along the northwest 
 side of Gay street to Easier street ; thence along the south 
 side of Eager street to Aiscjiiith street ; thence along the 
 west side of Aisquith street to Harford avenue ; thence 
 along the southeast side of Harford avenue to Ensor street ; 
 thence along the east side of P^nsor street to the place of he- 
 ginning. 
 
 Precinct No. 6. — Beginning at the intersection of Harford 
 avenue and John street ; thence easterly along the south side 
 of John street to Caroline street ; thence along the west side 
 of Caroline street to Eager street ; thence along the north 
 side of Eager street to Aisquith street ; thence along the 
 east side of Aisquith street to Harford avenue ; thence along 
 the east side of Harford avenue to the place of heginning. 
 
 Precinct No. V. — Beginning at the intersection of Harford 
 avenue and John street ; thence east along the north side of 
 John street to Washington street; thence along the west 
 side of Washington street to Gay street ; thence along the 
 northwest side of Gay street to North Boundary avenue; 
 thence along the south side of North Boundary avenue to 
 Harford avenue ; thence along the east side of Harfoi'd ave- 
 nue to the place of beginning. 
 
 Precinct No. 8. — Beginning at the intersection of Ann 
 street and Eager street ; thence westerly along the north 
 side of Eager street to Caroline street ; thence along the 
 east side of Caroline street to John street ; thence along the 
 south side of John street to Ann street ; thence along the 
 west side of Ann street to the place of beginning. 
 
 Precinct No. 9.— Beginning at the intersection of Ann 
 street and Eager street ; thence northerly along the east side 
 of Ann street to John street ; thence along the south side of 
 
36 Mayok and City Council. 
 
 Article I. — Ordinances. 
 
 John street to Washington street ; thence along the east 
 side of Washington street to Gay street ; thence along the 
 southeast side of Gay street to North Boundary avenue ; 
 thence along the south side of North Boundary avenue to 
 East Boundary avenue ; thence along the west side of East 
 Boundary avenue to Eager street; thence along the north 
 side of Eager street to the place of beginning. 
 
 Eighth Ward. — Beginning at the intersection of Hillen 
 street and Jones' Falls ; thence northeast along the north- 
 west side of Hillen street to Ensor street ; thence north along 
 the west side of Ensor street to Harford avenue ; thence 
 north along the west side of Harford avenue to city limits ; 
 thence west along city limits to Jones' Falls ; thence south- 
 wardly along Jones' Falls to the place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Jones' 
 Falls and Hillen street ; thence along the northwest side of 
 Hillen street to Monument street ; thence along the south 
 side of Monument street to Forrest street ; thence along the 
 east side of Forrest street to Front street ; thence along the 
 southeast side of Front street to Centre street ; thence along 
 the southwest side of Centre street to Jones' Falls ; thence 
 along the east side of Jones' Falls to the place of begin- 
 ning. 
 
 Precinct No. 2. — Beginning at the intersection of Jones' 
 Falls and Centre street ; thence along the northeast side of 
 Centre street to Front street ; thence along the northwest 
 side of Front street to Forrest street ; thence northerly to 
 the northeast corner of Greenmount avenue and Monument 
 street ; thence along the north side of Monument street to 
 Ensor street ; thence along the west side of Ensor street to 
 Chew street ; thence along the south side of Chew street to 
 Harford avenue ; thence along the southeast side of Harford 
 avenue to Madison street; thence along the south side of 
 
Mayor and City Council. 37 
 
 Article I. — Ordinances. 
 
 Madison street to Jones' Falls ; thence along the east side of 
 Jones' Falls to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Jones' 
 Falls and Madison street ; thence along the north side of 
 Madison street to Harford avenue ; thence along the north- 
 west side of Harford avenue to Chew street ; thence along 
 the north side of Chew street to Ensor street ; thence along 
 the west side of Ensor street to Eager street ; thence along 
 the south side of Eager street to Jones' Falls ; thence along 
 the east side of Jones' Falls to the place of beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Jones' 
 Falls and Eager street ; thence along the north side of Eager 
 street to Harford avenue ; thence along the northwest side of 
 Harford avenue to John street ; thence along the south side 
 of John street to Greenmount avenue ; thence along tlie east 
 side of Greenmount avenue to Chase street ; thence along 
 the south side of Chase street to Jones' Falls ; thence along 
 the east side of Jones' Falls to the place of beginning. 
 
 Precinct No. 5.— Beginning at the intersection of Jones' 
 Falls and Chase street ; thence along the nortli side of Chase 
 street to Greenmount avenue ; thence along the west side of 
 Greenmount avenue to John street ; thence along the north 
 side of John street to Harford avenue ; thence along the 
 northwest side of Harford avenue to North Boundary avenue ; ^ 
 
 thence along the south side of North Boundary avenue to 
 Jones' Falls ; thence along the northeast side of Jones' Falls 
 to the place of beginning. 
 
 Ninth Ward.— Beginning at the intersection of Charles 
 street and Pratt street ; thence easterly along the north side 
 of Pratt street and around the Basin to Jones' Falls ; thence 
 northerly along the line of Jones' Falls to Franklin street; 
 thence westerly along the south side of Franklin street to 
 
3S Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Charles street ; thence southerly along the east side of 
 Charles street to the place of beginning. 
 
 Precinct JVo. 1. — Beginning at the mouth of Jones' Falls ; 
 thence along the west side thereof to Baltimore street ; 
 thence along the south side of Baltimore street to Charles 
 street ; thence along the east side of Charles street to Pratt 
 street ; thence along the north side of Pratt street to Bowly's 
 wharf; thence along Bowly's wharf and the water front to 
 the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Balti- 
 more street and the west side of Jones' Falls ; thence along 
 the north side of Baltimore street to Calvert street ; thence 
 along the east side of Calvert street to Franklin street ; 
 thence along the south side of Franklin street to Jones' 
 Falls ; thence along the west side of Jones' Falls to the 
 place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Calvert 
 street and Baltimore street ; thence along the north side of 
 Baltimore street to Charles street ; thence along the east side 
 of Charles street to Franklin street ; thence along the south 
 side of Franklin street to Calvert street ; thence along the 
 west side of Calvert street to the place of beginning. 
 
 Tenth Ward. — Beginning at the intersection of Franklin 
 street and Paca street ; thence easterly along the south side 
 of Franklin street to Charles street ; thence southerly along 
 the west side of Charles street to Pratt street ; thence west- 
 erly along the north side of Pratt street to Paca street ; 
 thence northerly along the east side of Paca street to the 
 place of beginning. 
 
 Precinct No. 1.— Beginning at the intersection of Pratt 
 street and Charles street ; thence along the north side of 
 Pratt street to Paca street ; thence along the east side of Paca 
 
Mayor and City Council. 39 
 
 Article I. — Ordinances. 
 
 street to Baltimore street ; thence along the south side of 
 Baltimore street to Howard street ; thence along the east side 
 of Howard street to Fayette street ; thence along the south 
 side of Fayette street to Charles street ; thence along the 
 west side of Charles street to the place of beginning 
 
 Precinct No. 2. — Beginning at the intersection of Charles 
 street and Fayette street ; thence along the north side of 
 Fayette street to Howard street ; thence along the east side 
 of Howard street to Saratoga street ; thence along the south 
 side of Saratoga street to Charles street ; thence along the 
 west side of Charles street to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Balti- 
 more street and Howard street ; thence along the north side 
 of Baltimore street to Paca street ; thence along the east side 
 of Paca street to Franklin street ; thence along the south 
 side of Franklin street to Eutaw street; tlience along the 
 west side of Eutaw street to Saratoga street ; thence along 
 the south §ide of Saratoga street to Howard street ; thence 
 along the west side of Howard street to the place of begin- 
 ning. 
 
 Precinct No. 4.— Beginning at the intersection of Charles 
 street and Saratoga street ; thence along the north side of 
 Saratoga street to Eutaw street ; thence along the east side 
 of Eutaw street to Franklin street ; thence along the south 
 side of Franklin street to Charles street ; thence along the 
 west side of Charles street to the place of beginning. 
 
 Eleventh Ward.— Beginning at the intersection of Frank- 
 lin street and Paca street; thence northerly along the east 
 side of Paca street to Druid Hill avenue ; thence northwest- 
 erly along the northeast side of Druid Hill avenue to Biddle 
 street; thence northeast and east along the southeast and 
 south side of Biddle street to Jones' Falls; thence southerly 
 along the line of Jones' Falls to Franklin street; thence 
 
40 Mayob and City Council. 
 
 Article I. — Ordinances. 
 
 westerly along the north side of Franklin street to the place 
 of beginning. 
 
 Precinct No. 1 . — Beginning at the intersection of Franklin 
 street and Park avenue; thence along the north side of 
 Franklin street to Paca street ; thence along the east side of 
 Paca street to southwest side of Druid Hill avenue ; thence 
 along the southwest side of Druid Hill avenue to Eutaw 
 street ; thence along the east side of Eutaw street to Madison 
 street ; thence along the south side of Madison street to Park 
 avenue; thence along the west side of Park avenue to the 
 place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Druid 
 Hill avenue and Eutaw street; thence along the northeast 
 side of Druid Hill avenue to Biddle street ; thence along the 
 southeast side of Biddle street to Richmond Market ; thence 
 along the south side of Richmond Market to Howard street ; 
 thence along the west side of Howard street to Madison 
 street; thence along the north side of Madison street to the 
 west side of Eutaw street; thence along the west side of 
 Eutaw street to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Howard 
 street and Madison street ; thence along the east side of 
 Howard street to Richmond street ; thence along the north- 
 east side of Richmond street to Biddle street ; thence along 
 the southeast side of Biddle street to Cathedral street ; thence 
 along the southwest side of Cathedral street to Madison 
 street ; thence along the north side of Madison street to the 
 place of beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Franklin 
 street and Park avenue ; thence along the east side of Park 
 avenue to Madison street ; thence along the south side of 
 Madison street to Jones' Falls ; thence along the west side of 
 Jones' Falls to Franklin street ; thence along the north side 
 of Franklin street to the place of beginning. 
 
Mayor and City Council. 41 
 
 Article I. — Ordinances. 
 
 Precinct J^o. 5. — Beginning at the intersection of Madison 
 street and Cathedral street ; thence along the east side of 
 Cathedral street to Biddle street ; thence along the soutli side 
 of Biddle street to the west side of Jones' Falls ; thence along 
 the west line of Jones' Falls to Madison street ; thence along 
 the north side of Madison street to the place of beginning. 
 
 Twelfth Ward. — Beginning at the intersection of Druid 
 Hill avenue and Biddle street ; thence northeasterly and 
 easterly along the northwest and north side of Biddle street 
 10 Jones' Falls ; thence northerly alon'g the line of Jones' 
 Falls to city limits ; thence westerly along the city limits to 
 Druid Hill avenue ; thence southeasterly along the northeast 
 side of Druid Hill avenue to the place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Biddle 
 street and Jones' Falls ; thence along the west and southwest 
 side of Jones' Falls to North avenue ; thence along the south 
 side of North avenue to Cathedral street ; thence along the 
 east side of Cathedral street to Dolphin street; thence along 
 the southeast side of Dolphin street to Bolton street ; thence 
 along the northeast side of Bolton street to Hoifman street ; 
 thence along the southeast side of Hoffman street to Linden 
 avenue ; thence along the northeast side of Linden avenue to 
 Biddle street ; thence along the northwest and north sides of 
 Biddle street to the place of beginning. 
 
 Precinct No. 2 —Beginning at the intersection of Biddle 
 street and Linden avenue ; thence along the northeast side of 
 Biddle street to Druid Hill avenue ; thence along the north- 
 east side of Druid Hill avenue to Hoffman street ; thence 
 along the southeast side of Hoffman street to Linden avenue ; 
 thence along the southwest side of Linden avenue to the place 
 of beginning. 
 
 Precinct No. 3.— Beginning at the intersection of Bolton 
 street and Hoffman street ; thence along the northwest side of 
 
42 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Hoffman street to Druid Hill avenue ; thence along the north- 
 east side of Druid Hill avenue to Lanvale street ; the-nce along 
 tlie southeast side of Lanvale street to Park avenue ; thence 
 along the northeast side of Park avenue to North avenue ; 
 thence along the south side of North avenue to Cathedral 
 street ; thence along the west side of Cathedral street to 
 Dolphin street ; thence along the northwest side of Dolphin 
 street to Bolton street ; thence along the southwest side of 
 Bolton street to the place of beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Lanvale 
 street and Park avenue ; thence along the northwest side of 
 Lanvale street to Druid Hill avenue ; thence along the north- 
 east side of Druid Hill avenue to North avenue ; thence 
 along the south side of North avenue to Park avenue ; thence 
 along the southwest side of Park avenue to the- place of be- 
 ginning. 
 
 Thirteenth Ward.— Beginning at the intersection of Lex- 
 ington street and Paca street ; thence westerly along the 
 north side of Lexington street to Poppleton street ; thence 
 northerly along the east side of Poppleton street to. Franklin 
 street ; thence easterly along the south side of Frankb'n 
 street to Paca street ; thence southerly along the west side of 
 Paca street to the place of beginning. 
 
 Precinct No 1.— Beginning at the intersection of Lexing- 
 ton street and Paca street ; thence along the west side of 
 Paca street to Franklin street ; thence along the south side 
 of Franklin street to Pearl street ; thence along the east side 
 of Pearl street to Saratoga street ; thence along the south 
 side of Saratoga street to Pine street ; thence along the east 
 side of Pine street to Lexington street; thence along the 
 north side of Lexington street to the place of beginning. 
 
 Precinct No, 2.— Beginning at the intersection of Pine 
 street and Lexington street ; thence along the west side of 
 
Mayor and City Council. 43 
 
 Article I. — Ordinances. 
 
 Pine street to Saratoga street ; thence along the north side 
 of Saratoga street to Pearl street ; thence along the west side 
 of Pearl street to Franklin street ; thence along the south 
 side of Franklin street to Myrtle avenue ; thence along the 
 east side of Myrtle avenue to Lexington street ; thence along 
 the north side of Lexington street to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Saratoga 
 street and Myrtle avenue ; thence along the west side of 
 Myrtle avenue to Franklin street ; thence along the south 
 side of Franklin street to Fremont street ; thence along the 
 northeast side of Fremont street to Saratoga street ; thence 
 along the north side of Saratoga street to the place of begin- 
 ning. 
 
 Precinct No. 4.— Beginning at the intersection of Lexing- 
 ton street and Myrtle avenue ; thence along the west side of 
 Myrtle avenue to Saratoga street; thence along the south 
 side of Saratoga street to Fremont street ; thence along the 
 southwest side of Fremont street to Franklin street ; thence 
 along the south side of Franklin to Poppleton street; thence 
 along the east side of Poppleton street to Lexington street ; 
 thence along the north side of Lexington street to the place 
 of beginning. 
 
 Fourteenth Ward.— Beginning at the intersection of 
 Pratt street and Paca street ; thence westerly along the north 
 side of Pratt street to Poppleton street ; thence northerly 
 along the east side of Poppleton street to Lexington street ; 
 thence easterly along the south side of Lexington street to 
 Paca street ; and thence southerly along the west side of 
 Paca street to the place of beginning. 
 
 Precinct No. 1.— Beginning at the intersection of Pratt 
 street and Paca street ; thence along the west side of Paca 
 street to Fayette street ; thence along the south side of Fay- 
 ette street to Pearl street ; thence along the east side of 
 
44 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Pearl street to Baltimore street ; thence along the south side 
 of Baltimore street to Fremont street ; thence along the 
 northeast side of Fremont street to Pratt street ; thence 
 along the north side of Pratt street to the place of begin- 
 ning. 
 
 Precinct No. 2. — Beginning at the intersection of Pratt 
 street and Fremont street ; thence along tlie southwest side 
 of Fremont street to Baltimore street ; thence along the 
 south side of Baltimore street to Poppleton street ; thence 
 along the east side of Poppleton street to Pratt street ; 
 thence along the north side of Pratt street to the place of 
 beginning. 
 
 Precinct No. 3, — Beginning at the intersection of Fayette 
 street and Paca street ; tlience along the west side of Paca 
 street to Lexington street ; thence along the south side of 
 Lexington street to Fremont street ; thence along the north- 
 east side of Fremont street to Fayette street ; thence along 
 the north side of Fayette street to Pine street ; thence along 
 the east side of Pine street to Baltimore street ; thence along 
 the north side of Baltimore street to Pearl street ; thence 
 along the west side of Pearl street to Fayette street ; thence 
 along the north side of Fayette street to tlie place of begin- 
 ning. 
 
 Precinct No. 4. — Beginning at the intersection of Pine 
 street and Baltimore street; thence along the west side of 
 Pine street to Fayette street ; thenqe along the south side of 
 Fayette street to Fremont street ; thence along the southwest 
 side of Fremont street to Lexington street ; thence along the 
 south side of Lexington street to Poppleton street ; thence 
 along the east side of Poppleton street to Baltimore street ; 
 thence along the north side of Baltimore street to the place 
 of beginning. 
 
Mayor and City Council. 45 
 
 Article I. — Ordinances. 
 
 Fifteenth Ward, — Beginning at the intersection of How- 
 ard street and Pratt street ; thonce southerly along the east 
 side of Howard street' to Henrietta street; thence easterly 
 along the nortli side of Henrietta and Warren streets to the 
 water line of the Basin ; thence along the water line of the 
 Basin to Pratt street; thence westerly along the south side 
 of Pratt street to the place of beginning. 
 
 Precmct No. 1, — Beginning at the intersection of Light 
 street and Warren street ; thence along the north side of 
 Warren street to the water line of the Basin ; thence along 
 the said water line to the intersection of Light street and 
 Lee street ; thence along the east side of Light street to the 
 place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Henri- 
 etta street and Light street ; thence along the north side of 
 Henrietta street to Charles street ; thence along the east side 
 of Charles street to Pratt street ; thence along the south side 
 of Pratt street to Light street ; thence along the west side 
 of Light street to the place of beginning. 
 
 Precinct No. 3.— Beginning at the intersection of Charles 
 street and Henrietta street; thence along the north and 
 northeast side of Henrietta street to Howard street ; thence 
 along the southeast side of Howard street to Montgomery 
 street; thence along the southwest side of Montgomery 
 street to Sharp street ; thence along the east side of Sharp 
 street to Hill street ; thence along the south side of Hill 
 street to Hanover street ; thence along the west side of Han- 
 over street to Montgomery street ; thence along the south 
 side of Montgomery street to Charles street ; thence along 
 the west side of Charles street to the place of beginning. 
 
 Precinct No. 4.— Beginning at the intersection of Mont- 
 gomery street and Charles street ; thence along the north 
 side of Montgomery street to Hanover street ; thence along 
 
46 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 the east side of Hanover street to Pratt street ; thence along 
 the south side of Pratt street to Charles street ; thence along 
 the west side of Charles street to the place of beginning. 
 
 Precinct No. 5. — Beginning at the intersection of Hill 
 street and Hanover street : thence along the north side of 
 Hill street to Sharp street ; thence along the east side of 
 Sharp street to Pratt street ; thence along the south side of 
 Pratt street to Hanover street ; thence along the west side of 
 Hanover street to the place of beginning. 
 
 Precinct No. 6. — Beginning at the intersection of Mont- 
 gomery street and Sharp street ; thence along the north side 
 of Montgomery street to Howard street ; thence along the 
 east side of Howard street to Pratt street ; thence along the 
 south side of Pratt street to Sharp street ; thence along the 
 west side of Sharp street to the place of beginning. 
 
 Sixteenth Ward. — Beginning at the intersection of Pratt 
 street and Howard street ; thence southerly along the west 
 side of Howard street to Hamburg street ; thence northwest- 
 erly along the northeast side of Hamburg street and the 
 northeast side of Cross street to Poppleton street ; thence 
 northerly along the east side of Poppleton street to Pratt 
 street ; thence easterly along the south side of Pratt street 
 to the place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Ham- 
 burg street and Howard street ; thence along the northeast 
 side of Hamburg street and Fremont street ; thence along 
 the northeast side of Fremont street to Lee street ; thence 
 along the southeast side of Lee street to Howard street ; 
 thence along the west side of Howard street to the place of 
 beginning. 
 
 Precinct No. 2.— Beginning at the intersection of Lee 
 street and Howard street ; thence along the north side of 
 
Mayor and City Council. ' 47 
 
 Article I.— Ordinances. 
 
 Lee street to Greene street ; thence along the northeast and 
 east side of Greene street to Pratt street ; thence along the 
 south side of Pratt street to Howard street ; thence along 
 the west side of Howard street to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Lee 
 street and Greene street ; thence along the northwest side of 
 Lee street to Fremont street ; thence along the northeast side 
 of Fremont street to South Paca street ; thence along the 
 southeast side of South Paca street to Greene street ; thence 
 along the southwest side of Greene street to the place of 
 beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Ham- 
 burg street and Fremont street ; thence along the northeast 
 side of Hamburg street and northeast side of Cross street to 
 Parkin street ; thence along the east side of Parkin street to 
 St. Peter street ; thence along the south side of St. Peter 
 street to Fremont street ; thence along the southwest side of 
 Fremont street to the place of beginning. 
 
 Precinct No. 5. — Beginning at the intersection of Kamsay 
 street and Fremont street ; thence along the south side of 
 Ramsay street to Poppleton street ; thence along the east 
 side of Poppleton street to Columbia street ; thence along 
 the south side of Columbia street to Cross street ; thence 
 along the northeast side of Cross street to Parkin street ; 
 thence along the west side of Parkin street to St. Peter 
 street ; thence along the north side of St. Peter street to 
 Fremont street ; thence along the southwest side of Fre- 
 mont street to the place of beginning. 
 
 Precinct No. 6.— Beginning at the intersection of Ptanisay 
 street and Fremont street ; thence along tlie north side of 
 Ramsay street to Poppleton street ; thence along tlie east 
 side of Poppleton street to Pratt street ; thence along the 
 south side of Pratt street to Fremont street ; thence along 
 
48 Mayor and Cixr Council. 
 
 Article I. — Ordinances. 
 
 the southwest side of Fremont street to the place of begin- 
 ning. 
 
 Precinct Ng. 7. — Beginning at the intersection of South 
 Paca street and Greene street ; thence along the northwest 
 side of South Paca street to Fremont street ; thence along 
 the northeast side of Fremont street to Pratt street ; thence 
 along the south side of Pratt street to Greene street ; thence 
 along the west side and southwest side of Greene street to 
 the place of beginning. 
 
 Seventeenth Ward. — Beginning at the intersection of 
 Henrietta street and Hanover street ; thence easterly along 
 the south side of Henrietta street and Warren street to the 
 water line of the Basin ; thence along the water line of the 
 Basin and the Northwest Branch to the Patapsco river ; 
 thence along the north and west sides of the Patapsco river 
 to the water line of the Middle Branch ; thence northerly 
 along said water line to Clement street ; thence easterly 
 along the south side of Clement street to Hanover street ; 
 thence northerly along the east side of Hanover street to 
 the place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Johnson 
 street and Clement street ; thence along the east side of 
 Johnson street to Randall street ; thence along the south 
 side of Randall street to Light street ; thence along the 
 east side of Light street and Ferry Bar road to the water 
 line of the Patapsco river ; thence along said water line, 
 and the water line of the Northwest Branch, to Clement 
 street ; thence along the south side of Clement street to the 
 place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Johnson 
 street and Clement street ; thence along the west side of 
 Johnson street to Randall street ; thence along the north 
 side of Randall street to Light street ; thence along the east 
 
Mayor and City Council. 49 
 
 Article I. — Ordinances. 
 
 side of Light street to Gittings street ; thence along the 
 south side of Gittings street and Clement street to the place 
 of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Light 
 street and West street ; thence along the east side of Light 
 street to Gittings street ; thence along the north side of 
 Gittings street and Clement street to the water line of the 
 Basin ; thence along the water line to Cross street ; thence 
 along the south side of Cross street to William street ; 
 thence along the east side of William street to West street ; 
 thence along the south side of West street to the place of 
 beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Light 
 street and Warren street ; thence along the east side of 
 Light street to West street ; thence along the north side of 
 West street to William street ; thence along the west side 
 of William street to Cross street ; thence along the north 
 side of Cross street to the water line of the Basin ; thence 
 along the water line to Warren street ; thence along the 
 south side of Warren street to the place of beginning. 
 
 Precinct No. 5. — Beginning at the intersection of Light 
 street and Henrietta street ; thence along the west side of 
 Light street to Cross street ; thence along the north side of 
 Cross street to Hanover street ; thence along the east side 
 of Hanover street to Henrietta street ; thence along the 
 south side of Henrietta street to the place of beginning. 
 
 Precinct No. 6. — Beginning at the intersection of Light 
 street and Cross street ; thence along the west side of Light 
 street and Ferry Bar road, to the water line of the Middle 
 Branch ; thence along the water line to Clement street ; 
 thence along the south side of Clement street to Hanover 
 street ; thence along the east side of Hanover street to Cross 
 street ; thence along the south side of Cross street to the 
 place of beginning. 
 
60 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Eighteenth Ward. — Beginning at the intersection of Bal- 
 timore street and Poppleton street ; thence soutlierly along 
 the west side of Poppleton street to Cross street ; thence 
 southeasterly along the southwest side of Cross street and 
 Hamburg street to Howard street ; thence northerly along 
 the east side of Howard street to Henrietta street ; thence 
 easterly along the south side of Henrietta street to Hanover 
 street ; thence southerly along the west side of Hanover 
 street to Clement street ; thence westerly along the north 
 side of Clement street to the water line of the Middle 
 Branch ; thence along the water line of the Middle Branch 
 and Gwynn's Falls to the city limits ; thence northerly 
 along the line of the city limits to Baltimore street ; thence 
 easterly along the south side of Baltimore street to the place 
 of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Hanover 
 street and Henrietta street ; thence along the west side of 
 Hanover street to Cross street ; thence along the northeast 
 side of Cross street to Leadenhall street ; thence along the 
 southeast side of Leadenhall street to Hamburg street ; 
 thence along the northeast side of Hamburg street to How- 
 ard street ; thence along the southeast side of Howard 
 street to Henrietta street ; thence along the southwest side 
 of Henrietta street to the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Hanover 
 street and Cross street ; thence along the west side of Han- 
 over street to Clement street ; thence along the north side 
 of Clement street to Howard street ; thence along the south- 
 east side of Howard street to Cross street ; thence along the 
 southwest side of Cross street to Sharp street ; thence along 
 the southeast side of Sharp street to Hamburg street ; thence 
 along the southwest side of Hamburg street to Leadenhall 
 street ; thence along the northwest side of Leadenhall street 
 
Mayor and City Council. 51 
 
 Article I. — Ordinances. 
 
 to Cross street ; thence along the southwest side of Cross 
 street to the place of beginning. 
 
 PrecmctNo. 3. — Beginning at the intersection of Sharp 
 street and Haniburg street; thence along the northwest side 
 of Sharp street to Cross street ; thence along the northeast 
 side of Cross street to Howard street ; thence along the 
 northwest side of Howard street to the water line of the 
 Middle Branch ; thence along the water line of the Middle 
 Branch to Russell street ; thence along the southeast side of 
 Russell street to Hamburg street ; thence along the south- 
 west side of Hamburg street to the place of beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Russell 
 street and Hamburg street ; thence along the northwest side 
 of Russell street to the water line of the Middle Branch ; 
 thence along the water line of the Middle Branch and 
 Gwynn's Falls to Washington avenue ; thence along the 
 southeast side of Washington avenue to Cross street ; thence 
 along the southwest side of Cross street to Hamburg street ; 
 tbence along the southwest side of Hamburg street to the 
 place of beginning. 
 
 Precinct No. 5. — Beginning at the intersection of Pratt 
 street and Poppleton street ; thence along the west side of 
 Poppleton street to Columbia street ; thence along the north 
 side of Columbia street to Washington avenue ; thence along 
 the northwest side of Washington avenue to Gwynn's Falls ; 
 thence along the line of Gwynn's Falls to the track of the 
 Baltimore and Ohio Railroad Company ; thence along the 
 southeast side of the track of the Baltimore and Ohio Rail- 
 road Company to Gilmor street ; thence along the east side 
 of Gilmor street to Pratt street ; thence along the south side 
 of Pratt street to the place of beginning. 
 
 Precinct No. 6.— Beginning at the intersection of Gilmor 
 streef and Pratt street ; thence along the west side of Gilmor 
 
Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 street to the track of the Baltimore and Ohio Railroad Com- 
 pany ; thence along the northwest side of the track of the 
 Baltimore and Ohio Railroad Company to the city limits ; 
 thence along the city limits to Pratt street ; thence along the 
 south side of Pratt street to the place of beginning. 
 
 Precinct No. 7. — Beginning at the intersection of Popple- 
 ton street and Baltimore street ; thence along the west side 
 of Poppleton street to Pratt street; thence along the north 
 side of Pratt street to Oregon street ; thence along the east 
 side of Oregon street to Baltimore street ; thence along the 
 south side of Baltimore street to the place of beginning. 
 
 Precinct No. 8, — Beginning at the intersection of Oregon 
 street and Baltimore street ; thence along the west side of 
 Oregon street to Pratt street ; thence along the north side 
 of Pratt street to Carey street ; thence along the east side of 
 Carey street to Baltimore street ; thence along the south 
 side of Baltimore street to the place of beginning. 
 
 Precinct No. 9. — Beginning at the intersection of Carey 
 street and Baltimore street ; thence along the west side of 
 Carey street to Pratt street ; thence along the north side of 
 Pratt street to Mount street; thence along the east side of 
 Mount Street to Lombard street ; thence along the north side 
 of Lombard street to Fulton street; thence along the east 
 side of Fulton street to Baltimore street; thence along the 
 south side of Baltimore street to the place of beginning. 
 
 Precinct No. 10 — Beginning at the intersection of Fulton 
 street and Baltimore street ; thence along the west side of 
 Fulton street to Lombard street ; thence along the south side 
 of Lombard street to Mount street ; thence along the west 
 side of Mount street to Pratt street ; thence along the north 
 side of Pratt street to the city limits ; thence along the city 
 limits to Baltimore street ; thence along the south side of 
 Baltimore street to the place of beginning. 
 
Mayor and City Council. 53 
 
 Article I. — Ordinances. 
 
 Nineteenth Ward. — Beginning at the intersection of Bal- 
 timore street and Poppleton street; thence northerly along 
 the west side of Poppleton street to Franklin street ; thence 
 easterly along the north side of Franklin street to Fremont 
 street ; thence northwesterly along the southwest side of 
 Fremont street and Pennsylvania avenue to the city limits ; 
 thence westerly and southwesterly along the city limits to 
 Baltimore street; thence easterly along the north side of 
 Baltimore street to the place of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Balti- 
 more street and Poppleton street ; thence along the north 
 side of Baltimore street to CarroUton avenue ; thence along 
 the east side of CarroUton avenue to Lexington street ; 
 thence along the south side of Lexington street toSchroeder 
 street ; thence along the west side of Schroeder street to 
 Fayette street ; thence along tlie south side of Fayette street 
 to Poppleton street ; thence along the west side of Popple- 
 ton street to the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Fayette 
 street and Poppleton street ; thence along the north side of 
 Fayette street to Schroeder street ; thence along the east side 
 of Schroeder street to Lexington street ; thence along the 
 north side of Lexington street to CarroUton avenue ; thence 
 along the east side of CarroUton avenue to Saratoga street ; 
 thence along the south side of Saratoga street to Poppleton 
 street ; thence along the west side of Poppleton street to the 
 place of beginning. 
 
 Precinct No. 3.— Beginning at the intersection of Balti- 
 more street and CarroUton avenue ; thence along the north 
 side of Baltimore street to Strieker street ; thence along the 
 east side of Strieker street to Franklin street ; thence along 
 the south side of Franklin street to CarroUton avenue; 
 thence along the west side of CarroUton avenue to the place 
 of beginning. 
 
54 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Precinct No. 4. — Beginning at the intersection of Sara- 
 toga street and Poppleton street ; thence along the north 
 side of Saratoga street to Carrollton avenue ; thence along 
 the west side of Carrollton avenue to Franklin street ; thence 
 along the south side of Franklin street to Schroeder street ; 
 thence along the west side of Schroeder street to Ed- 
 mondson avenue ; thence along the south side of Edniond- 
 son avenue to Fremont street ; thence along the southwest 
 side of Fremont street to Franklin street ; thence along the 
 north side of Franklin street to Poppleton street ; thence 
 along the west side of Poppleton street to the place of be- 
 ginning. 
 
 Precinct No. 5. — Beginning at the intersection of Ed- 
 mondson avenue and Fremont street ; thence along the 
 north side of Edmondson avenue to Schroeder street ; thence 
 along the west side of Schroeder street to Franklin street ; 
 thence along the north side of Franklin street to Carey 
 street ; thence along the east side of Carey street to Lanvale 
 street ; thence along the south side of Lanvale street to 
 Fremont street ; thence along the southwest side of Fremont 
 street to the place of beginning. 
 
 Precinct No. 6. — Beginning at the intersection of Balti- 
 more street and Strieker street ; thence along the north side 
 of Baltimore street to the city limits ; thence along the city 
 limits to Lexington street ; thence along the south side of 
 Lexington street to Strieker street ; thence along the west 
 side of Strickei- street to the place of beginning. 
 
 Precinct No. 7. — Beginning at the intersection of Lex- 
 ton street and Strieker street ; thence along the north side 
 of Lexington street to the city .limits ; thence along the city 
 limits to Edmondson avenue ; thence along the south side of 
 Edmondson avenue to Strieker street ; thence along the west 
 side of Strieker street to the place beginning. 
 
Mayor and City Council. 55 
 
 Article I. — Ordinances. 
 
 Precinct JVb. 8. — Beginning at the intersection of Lanvale 
 street and Fremont street ; thence along tlie north side of 
 Lanvale street to Carey street ; thence along the west side of 
 Carey street to Franklin street ; thence along the north side 
 of Franklin street to Sti icker street ; thence along the east 
 side of Strieker street to Edraondson avenue; thence along 
 the south side of Edmondson avenue to Calhoun street ; 
 thence along the west side of Calhoun street to Harlem 
 avenue ; thence along the north side of Harlem avenue to 
 Strieker street ; thence along the east side of Strieker street 
 to Patterson avenue ; thence along the south side of Patter- 
 son avenue to Fremont street ; thence along the southwest 
 side of Fremont street to the place of beginning. 
 
 Precinct No. 9. — Beginning at the intersection of Ed- 
 mondson avenue and Gilmor street ; thence along the north 
 side of Edmondson avenue to the city limits ; thence along 
 the city limits to North avenue ; thence along the south side 
 of North avenue to Calhoun street ; thence along the south- 
 west side of Calhoun street to Patterson avenue ; thence 
 along the north side of Patterson avenue to Strieker street ; 
 thence along the west side of Strieker street to Harlem ave- 
 nue ; thence along the north side of Harlem avenue ta Gilmor 
 street ; thence along the east side of Gilmor street to the 
 place of beginning. 
 
 Precinct M. 10.— Beginning at the intersection of Patter- 
 son avenue and Fremont street ; thence along the north side 
 of Patterson avenue to Calhoun street ; thence along the 
 east and northeast sides of Calhoun street to North avenue ; 
 thence along the south side of North avenue to Pennsylvania 
 avenue ; thence along the southwest side of Pennsylvania 
 avenue and the southwest side of Fremont street to the place 
 of beginning. 
 
 Twentieth Ward.— Beginning at the intersection of Fre- 
 mont street and Franklin street; thence northwesterly along 
 
56 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 the northeast side of Fremont street and Pennsylvania ave- 
 nue to the city limits ; thence easterly along the city limits to 
 Druid Hill avenue ; thence southeasterly along the southwest 
 side of Druid Hill avenue to Paca street ; thence southerly 
 along the west side of Paca street to Franklin street ; thence 
 westerly along the north side of Franklin street to the place 
 of beginning. 
 
 Precinct No. 1. — Beginning at the intersection of Frank- 
 lin street and Paca street ; thence along the west side of 
 Paca street to Druid Hill avenue ; thence along the south- 
 west side of Druid Hill avenue to Union street ; thence 
 along the southeast side of Union street to Pennsylvania 
 avenue ; thence along the northeast side of Pennsylvania ave- 
 nue to Franklin street ; thence along the north side of 
 Franklin street to the place of beginning. 
 
 Precinct No. 2. — Beginning at the intersection of Franklin 
 street and Pennsylvania avenue ; thence along the north side 
 of Franklin street to Fremont street ; thence along the 
 northeast side of Fremont street. to George street; thence 
 along the south side of George street to Pennsylvania ave- 
 nue ; thence along the southwest side of Pennsylvania ave- 
 nue to the place of beginning. 
 
 Precinct No. 3. — Beginning at the intersection of Penn- 
 sylvania avenue and George street ; thence along the south- 
 west side of Pennsylvania avenue to Hoffman street ; thence 
 along the southeast side of Hoffman street to Myrtle avenue ; 
 thence along the northeast side of Myrtle avenue to Dolphin 
 street ; thence along the southeast side of Dolphin street to 
 Fremont street ; thence along the northeast side of Fremont 
 street to George street; thence along the north side of George 
 street to the place of beginning. 
 
 Precinct No. 4. — Beginning at the intersection of Penn- 
 sylvania avenue and Union street ; thence along the north- 
 east side of Pennsylvania avenue to Hoff'man street ; thence 
 
Mayor and City Council. 57 
 
 Article I. — Ordinances. 
 
 along the southeast side of Hoffman street to Division street ; 
 thence along the north ea.st side of Division street to Dolphin 
 street ; thence along the southeast side of Dolphin street to 
 Druid Hill avenue ; thence along the southwest side of 
 Druid Hill avenue to Union street ; thence along the north- 
 west side of Union street to the place of beginning. 
 
 Precinct No. 5. — Beginning at the intersection of Fremont 
 street and Dolphin street ; thence along the northwest side 
 of Dolphin street to Myrtle avenue ; thence along the norths 
 east side of Myrtle avenue to Hoffman street ; thence along 
 the northwest side of Hoffman street to Division street ; 
 thence along the southwest side of Division street to Dolphin 
 street ; thence along the northwest side of Dolphin street to 
 Druid Hill avenue ; thence along the southwest side of Druid 
 Hill avenue to Townsend street; thence along the southeast 
 side of Townsend street to Pennsylvania avenue ; thence along 
 the northeast side of Pennsylvania avenue to Lanvale street ; 
 thence along the southeast side of Lanvale street to Fremont 
 street ; thence along the northeast side of Fremont street to 
 the place of beginning. 
 
 Precinct No. 6.— Beginning at the intersection of Fremont 
 street and Lanvale street ; thence along the northeast side of 
 Fremont street to Lafayette Market ; thence along the south- 
 east side of Lafayette Market to Argyle avenue; thence 
 along the northeast side of Argyle avenue to Smith street ; 
 thence along the southeast side of Smith street to Pennsyl- 
 vania avenue ; thence along the southwest side of Pennsyl- 
 vania avenue to Mosher street ; thence along the southeast 
 side of Mosher street to Druid Hill avenue ; thence along 
 the southwest side of Druid Hill avenue to Townsend street ; 
 thence along the northwest side of Townsend street to Penn- 
 sylvania avenue ; thence along the southwest side of Penn- 
 sylvania avenue to Lanvale street ; thence along the north- 
 west side of Lanvale street to the place of beginning. 
 
68 Mayok and City Council. 
 
 Article I. — Ordinances. 
 
 Precinct No. 7. — Beginning at the intersection of Fre- 
 mont street and Lafayette Market ; thence along the northeast 
 side of Fremont street to Pennsylvania avenue ; thence along 
 the northeast side of Pennsylvania avenue to the city limits ; 
 thence along the south side of the city limits to Druid Hill 
 avenue ; thence along the southwest side of Druid Hill ave- 
 nue to Mosher street ; thence along the northwest side of 
 Mosher street to Pennsylvania avenue ; thence along the 
 northeast side of Pennsylvania avenue to Smith street ; 
 thence along the northwest side of Smith street to Argyle 
 avenue; thence along the northeast side of Argyle avenue 
 to Lafayette Market ; thence along the southeast side of La- 
 fayette Market to the place of beginning. 
 
 LEGISLATIVE DISTRICTS. 
 No. 2, Not. 39, The City of Baltimore is divided into three several 
 
 1 1, '64. 
 
 Legislative Districts, which shall he called First, Second and 
 Third Legislative Districts of Baltimore City. 
 
 Of what wards The districts shall he composed of Wards as follows : 
 
 composed. '■ 
 
 First District.— \Bi, 2d, 3d, 4th, 5th, 6th and 7th wards 
 of Baltimore City. 
 
 Second District. — '^th, 9th, 10th, 11th, 12th, 19th and 
 20th wards. 
 
 Third District.— m\x, 14th, 15th, 16th, 17th and 18th 
 wards.* 
 
 * Legislative and Congressional Districts.— The city was divided 
 into tliree legislative districts under sec. 2 of Art. Ill of the Const. 1864, 
 which is as follows: Immediately after the adoption of this Constitution, 
 and before there shall have been held any general election under it, the 
 Mayor and City Council of Baltimore shall proceed to lay off and divide 
 said city into three several districts of equal population and contiguous 
 territory, as near as may be, which said districts shall be called the first, 
 second and third legislative districts of Baltimore city. The Const. 1867, 
 Art. Ill, sees. 2 and 4, confirms this division. It provides, by sec. 4, that 
 
Matob and City Council. 59 
 
 Article I. — Ordinances. 
 
 CITY OFFICERS. 
 
 40. All officers of the city, except the Register and any no. 4,s. i.r.o. 
 other person holding any office for whom a different term what officers to 
 
 .1 I . , ■,. . 1 -¥> be appointed 
 
 may be prescribed in the ordinance creating such office, aimuaiiy. 
 shall be appointed annually in the monih of February, and 
 shall enter into their respective offices on the first day of 
 March, immediately following their respective appointments. 
 
 41. A term of holding shall not be deemed to be created no. i9, Mar. 
 
 '^ ^ II), '68. 
 
 by any resolution or ordinance, so as to effect the power of Power of re- 
 
 inoval by 
 
 removal given to the Mayor by Article IV, section 26 of the Mayor. 
 Public Local Laws, (Statutes, sec. 28, p. 15,) because such reso- 
 lution or ordinance may prescribe that such officer or officers 
 may or shall be appointed annually, or in the month of 
 February, or as other city officers are appointed, or by any 
 
 each of tlie tliree legislative districts of the city of Baltimore shall, after the 
 next national census or enumeration of the population of this State, be en- 
 titled to the number of delegates in the Legislature to which the largest 
 county shall or may be entitled under the apportionment set forth in said 
 section ; and that the General Assembly shall have power to provide by 
 law, from time to time, for altering and changing the boundaries of the 
 three existing legislative districts of the city of Baltimore, so as to make 
 them, as near as may be, of equal population ; but said districts shall always 
 consist of contiguous territory. By sec. 2 each legislative district is en- 
 titled to one senator. 
 
 By the Act of 1872, ch. 418, the third congressional district is composed ^ 
 
 of the wards of Baltimore city, from the first to the ninth ward, both inclu- 
 sive, and entitled to choose one representative. The fourth congressional 
 district is composed of the tenth ward, eleventh ward, twelfth ward, thir- 
 teenth ward, fourteenth ward, fifteenth ward, sixteenth ward, eighteenth 
 ward, nineteenth and twentieth wards of Baltimore city, and is entitled to 
 choose one representative. The fifth congressional district is composed of 
 St. Mary's county, Charles county, Calvert county. Prince George's county, 
 Anne Arundel county, with the city of Annapolis, Howard county, the 
 first and thirteenth election districts of Baltimore county and the seven- 
 teenth ward of Baltimore city, and is entitled to choose one representative. 
 The return judges of the seventeenth ward of the city of Baltimore make a 
 return separate from the return made by the judges of the wards constitu- 
 ting the fourth congressional district. 
 
60 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 No. 4 s. 2,R. o. 
 New appoint 
 ments. 
 
 other like expression indicating a periodical duty of appoint- 
 ment, and such words sliall not he deemed and taken as 
 otherwise providing by law or ordinance, so as to annul the 
 power of removal intended to be given by said section. 
 
 Ibid, s. 2. 42. Whenever the City Council is in session, any new 
 
 appointment by the Mayor shall be subject immediately 
 thereafter to the confirmation of the Council, and when con- 
 firmed, the ofiicers so appointed shall enter upon the dis- 
 charge of the duties of their ofiice on the day succeeding 
 their confirmation. 
 
 No.4, 8. 3, 43. It shall not be lawful for any officer of this corpora- 
 
 R. O.-, No. 50, . , ••11 
 
 July 19, '62. tion, whether appointed by the Mayor and City Council, by 
 the City Council in convention, by the Mayor alone, or by 
 any board of commissioners, trustees, visitors or building 
 committee, acting under the authority of the Mayor and 
 City Council, to be engaged or concerned directly or indi- 
 rectly in any contract for work done, or to be done, on 
 account of the city, or in which the city is or may be in any 
 way concerned, in the purchase of any debt due from the 
 corporation or claim upon the same for any work done, or to 
 be done, by or under any ordinance of the city, or to be 
 
 Officers not to engaged in any contract, directly or indirectly, or concerned 
 
 be concerned in - ... i p i • t r- • i • n 
 
 contracts. lu auy manner in doing work oi any kind, or lurnishing oi 
 
 ^ supplies for any institution or office, or receive any per 
 
 ■ centage on any purchases or contracts in the office with 
 
 which he may be connected, and any officer ofiending herein 
 
 Penalty. shall be fined in a sum not exceeding five hundred dollars, 
 
 and it shall be obligatory on the Mayor, upon being apprised 
 
 of any violation of this section, to dismiss forthwith from 
 
 office any officer who may be guilty of such violation. 
 
 No. 4, s. 5, R. o. 44. The several officers, except in such cases as are pro- 
 what officers to vided for in the two succeeding sections, shall give bond 
 
 give bond. • i • i 
 
 With security to the Mayor and City Council of Baltimore, 
 
Mayor and City Council. gi 
 
 Article I.— Ordinances. 
 
 for the faithful performance of their respective duties, in 
 such penal sums as the Mayor may direct, except where 
 particular sums are specified by ordinance. 
 
 45. The several officers who are not entitled to compensa- no. 57, May 30, 
 tion for their services shall not be required to give bond for officers without 
 the faithful performance of their duties, unless the Mayor NTiTnd re-°"' 
 shall think it expedient to require the same. quired. 
 
 46. The several officers whose compensation shall notibia, g. a. 
 exceed two hundred dollars per annum, shall not be required officers of two 
 
 hundred dollars 
 
 to give bond for the faithful performance of their duties, pay not required 
 
 ° A 'to bond. 
 
 unless the Mayor shall think it expedient to require it, 
 
 47. No extra compensation shall be granted or allowed no. 58,juiy 29, 
 by the Mayor and City Council to any officer, agent or ser- Extra compen- 
 
 , /• 1 • 1 sit'o" not to be 
 
 vant of the corporation, or of any other corj)oration the allowed. 
 
 expenses of which are borne in whole or in part by the city, 
 
 after the services have been rendered, nor shall the salary or saiary, &c., not 
 
 to be increased 
 
 compensation of any of said officers, agents or servants be ^ diminished. 
 increased or diminished during the term for which they may 
 be or may have been elected, appointed or employed ; pro- 
 vided, that should an increase of duties be required by any increa.se of 
 subsequent ordinance or resolution of the Mayor and City 
 Council, an extra compensation in proportion for the increase increase of 
 
 ' 1 X i ^ comfieusation. 
 
 of labor, to the original compensation, may be allowed, in 
 the discretion of the said Mayor and City Council.* » 
 
 48. No extra compensation shall be granted or allowed itid, s. 2. 
 by the Mayor and City Council to any contractor or contrac- Kxtra corajen- 
 
 •'•'•' '' sation not to re 
 
 tors with the city, or with any corporation the expenses of *;,'^j^«^d^^';'a'»y 
 which are in whole or in part borne by the city, after the 
 
 *This ordinance recites the provision, sec. 33 of Art. Ill of Const. 1864, 
 (now sec. 35 of Art. Ill of Const. 1867,) that no extra compensation shall 
 be granted or allowed by the General Assembly to any public officer, agent, 
 servant or contractor after the services have been rendered or the contract 
 entered into ; nor shall the salary or compensation of any public officer be 
 increased or diminished during his term of office. 
 
62 
 
 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 Proviso. contract has been entered into ; provided, that in case a con- 
 
 tractor or contractors shall be prevented by an act of the 
 Mayor and City Council, or any agent or servant thereof 
 acting under their authority, from fulfilling his contract as 
 agreed on, and loss is thereby sustained by him or them, 
 
 When may be such cxtra Compensation may be allowed as will compensate 
 
 allowed. , . . . 
 
 him or them for said loss incurred as aforesaid. 
 No. 5, 8. 3, R. o. 49. The salaries of all officers of the corporation, unless 
 When salaries othcrwisc directed by law, shall be paid on the first Monday 
 
 paid. 
 
 of each and every month.* 
 Res. No. 450, 50. All advertiscmcnts emanating: from the different de- 
 
 Nov. 6, '73. _ ° _ _ 
 
 City adverti.'se- partmcnts of tlic city jirovernment shall be published in at 
 
 ments in Ger- '^ ^ ... 
 
 man paper. least ouc German paper of the city, and in the selection of 
 
 Proviso. 
 
 such paper they shall give preference to the paper having 
 the largest circulation, provided the prices be the same as 
 those charged by the other papers. 
 
 No. 64, May 28, 
 '73. 
 
 51, 
 
 CITY CONTRACTS.t 
 Whenever the city officers, or any of them, shall 
 
 advertise for sealed proposals for any public work or contract, 
 
 * Funds in the hands of an offlcial of the city of Baltimore due by the 
 city for the salaries of city employees are not, on grounds' of public policy 
 and convenience, liable to be attached by the creditors of such employees. 
 Municipal corporations are parts of the State government, exercising dele^ 
 gated political powers for public purposes, and the rule exempting funds in 
 the hands of one State officer due another, from attachment, applies equally 
 to the officers of such corporations. Mayor, &c. v. Boot, 8 Md. 95. Ander- 
 son, gam. v. Oraff, 41 Md. 607. 
 
 Brown, C. J., in Yenger v. Zimmerman, City Court, Nov. 12, 1875, held, 
 that : the principle of law, that no attachment would lie against funds in 
 the hands of one federal, state or municipal officer due another, was appli- 
 cable to the case of a police officer who had salary due him in the hands of 
 a captain of police, acting as disbursing agent; and that an attachment laid 
 in the captain's hands on a judgment against said police officer, would not 
 bind such salary. 
 
 tAs to contracts by city, see RiUenJwuse v. Mayor, &c., 25 Md. 336. 
 Mayor, &c. v. B. & 0. R. B. Co., 31 Md. 53. 
 
Mayor and City Council. 63 
 
 Article I. — Ordinances. 
 
 of" any kind Whatsoever, pursuant to existing ordinances or 
 resolutions, or to such as may hereafter be passed, it shall 
 be the duty (unless it is otherwise provided by special ordi- 
 nance) of such officers so advertising to lay the sealed pro- Propoi-ais tobe 
 
 II- ^*'*^ before the 
 
 posals received by him or them, according to the advertise- Mayor. 
 ment, before the Mayor, who, with the Comptroller and 
 Register, shall proceed to open them, and award in all cases 
 to the lowest bidder of known capacity, responsibility and 
 integrity, whose security for the execution of the work 
 according to the contract, as the case may be, in the judg- 
 ment of the Mayor, Comptroller and Register, or a majority {^'*y°^''^^°'^P- 
 of them, shall be sufficiently responsible to insure the per- ^;',t[rictr"* 
 formance of the work or contracts, according to the stipula- 
 tions thereof respectively ; provided, however, that no bid Proviso. 
 shall be opened from any person who has heretofore failed in 
 the performance, or due execution, of any contract he may 
 have been engaged in with the corporation of Baltimore.* 
 
 52. All such proposals shall be opened at such time and ibid,». 2. 
 place as may be publicly designated by advertisement, in the Pf^P°;'^>^-^^g 
 presence of such persons as may choose to attend. of opening. 
 
 53. For all contracts made under the provisions of the No.^e, s. a, 
 two preceding sections, the Register is hereby required to 
 
 take bonds of the contractors, certified by the Comptroller, BoDdjrom con- 
 to be with good and sufficient security, and to be approved 
 by the Mayor, for such sum as, in his judgment, may be 
 adequate to secure their fulfilment. 
 
 54. The Comptroller shall examine all contracts made by no.9,!=.4,b. o. 
 the city officers, and he shall report within thirty days after mty^of ccmp- 
 the meeting of the Council in an annual session, all contracts 
 
 made by the corporation as directed or authorized by the 
 Council, and not performed or completed or upon which any 
 
 *.See ordinance for stationery and printing for departments, under Libra- 
 rian, Art. XXXII. 
 
64 Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 money remains unpaid, with the amount of money remain- 
 ing unpaid on each.* 
 
 RECORDS OF THE CITY. 
 No. 66, B. o. 55. It shall he the duty of all city officers carefully to file 
 
 No. 8, s,.\R. o. . ... 
 
 Papers to be and kccp, having first recorded the same, all public papers 
 
 fllert and re- i i • i • i • i 
 
 corded. whatever, belonging to the city, which are now in or may 
 
 hereafter come into their respective offices, and which apper- 
 tain to the same ; and it shall not be lawful for any Register 
 or clerk to permit any paper or record in his office to be 
 
 Not to be taken takcu thcrcfrom , by any jierson or persons whatever, unless 
 
 out of office ex- ini r' • • !• t • ci 
 
 cept in certain the samc be demanded by a court oi lustice oi this fetate, or 
 
 cases. '' "^ ' 
 
 of the United States, or by either branch of the City Council, 
 
 but every person wanting the information contained in such 
 
 papers or record, shall be entitled to a copy of the same ; 
 
 Copies to be and it shall be the duty of the Register or clerk to furnish 
 
 furnished. _ _ _ 
 
 such copies when applied for, and the Register or clerk shall 
 Fees for same, charge and receive therefor the sum of fifteen cents for every 
 sheet of copy containing one hundred words, and so pro rata 
 for every search, and for every certificate to a copy, twenty- 
 five cents, which fees or charges shall be paid into the trea- 
 sury of the city. 
 
 No. 8,s. 6,R o. 56. The City Librarian shall, under the supervision and 
 
 No. 129, Nov. 5, . . , . . ^ 
 
 '''*■ direction of the Register, take under his charge and keeping 
 
 cit^'' Librarian all the rccords, papers and proceedings of the corporation, 
 cords, &c. except those, relating to titles of city property ; and all the 
 
 ordinances, resolutions, votes and proceedings of the City 
 
 Council, after each and every session. 
 
 * Under the above section, contracts can be made by certain city officers, 
 and it may be in certain cases by the Mayor, yet if they are to be regarded 
 as " contracts made by the corporation," they must be made " as directed or 
 authorized by the Council," otherwise they will not have obligatory force to 
 bind the corporation. Mayor, &c. Bait. v. B. & 0. B. B. Co., 21 Md. 52. 
 
Mayor and City Council. 
 
 Article I. — Ordinances. 
 
 57. The Comptroller shall keep a well bound record book, no. 9, s. 6, r. o. 
 and have therein recorded all deeds and leases made to the comptroller 
 
 keeper of title 
 
 city, or sufficient extracts from such deeds and leases as will deeds, &c. 
 fully explain the same ; and also all contracts and agree- 
 ments made in relation to the property of the city ; the 
 records in said record book to be written on every other Record bo. ks. 
 page, so tliat the page opposite the recoi'd may be left blank 
 for any remarks that may be necessary to be made in regard 
 to the disposition of said property. The said record book 
 shall also have an alphabetical index made for more easy 
 reference to said deeds, leases, contracts and agreements.* 
 
 SEAL. 
 
 58. The seal heretofore provided and used, the impression no. 1, r. o. 
 on which is a representation of the Battle Monument, is Batue monu- 
 hereby established and declared to have been and now to be 
 
 the seal of the Mayor and City Council of Baltimore. 
 
 59. The Register shall take under his charge and keeping no.^s, s^s, ^^ 
 the corporate seal of the city, and use it in all cases which May e, '65. 
 now are or may hereafter be required, either by the laws of Ke^eper of the 
 the United States, the several States, the ordinances of this 
 corporation, or the usage and customs of nations, whenever 
 applied to for that purpose; and for each and every seal Fees. 
 which he shall affix to an instrument or instruments of writ- 
 ing, he shall be entitled to receive for the use of the city, the 
 
 sum of two dollars ; except that in cases where the certificate Exception. 
 of the Register under seal shall be required to be used as 
 evidence in the claims of soldiers and seamen in the United 
 States service, or in the claims of the widows or heirs of such 
 as may have died, or may hereafter die in the service, he 
 shall furnish such certificate without any charge whatever. 
 
 * See Examiner of Titles, under Art. XIII. 
 
66 
 
 Alms-Hofse. 
 
 Article II. — Statutes. 
 
 ARTICLE II. 
 
 ALMS-HOUSE. 
 
 STATUTES 
 
 TRUSTEES OP THE POOR. 
 
 1. Appointment of Trustees of tlie 
 
 Poor. 
 
 2. Title to property: powers and 
 
 privileges. 
 
 3. Oath of Trustees : when quali- 
 
 fied. 
 
 4. What sections in force. 
 
 5. Book of minutes. 
 
 6. Appointment of officers, clerks, 
 
 &c. 
 
 7. Their duties: compensation. 
 
 8. Mode of admitting inmates. 
 
 9. Support and employment of in- 
 
 mates. 
 
 10. Machinery and implements. 
 
 11. By-laws. 
 
 12. Purveyor of provisions. 
 
 13. His bond. 
 
 14. Salary. 
 
 15. Overseer. 
 
 16. His bond. • 
 
 17. List of inmates : accounts of ex- 
 
 penditures 'and receipts. 
 
 18. Inmates to work. 
 
 19. 
 
 20. 
 21. 
 22. 
 23. 
 24. 
 25. 
 26. 
 
 27.' 
 
 28. 
 29. 
 
 Accounts with inmates : inmates 
 to be retained till accounts 
 balanced : penalty for leaving 
 without permission : certifi- 
 cate, evidence. 
 
 Dismissal of inmates. 
 
 Admission. 
 
 Times of meeting of trustees. 
 
 Punishment of paupers. 
 
 Per diem of Trustees. 
 
 Penalty for selling liquor, &c. 
 
 Badges to be worn by inmates : 
 penalty for refiising to wear. 
 
 Penalties and forfeitures: how 
 recoverable. 
 
 What Officers to assist Trustees. 
 
 Suits : costs. 
 
 WARD MANAGERS OP THE POOR. 
 
 30. Ward Managers of the Poor. 
 
 31. Term of office. ' 
 
 32. Pqwers and duties of Managers. 
 
 33. Persons sent to alms-house by 
 
 Ward Managers. 
 
 ORDINANCE. 
 
 Payments to Trustees. 
 
 STATUTES. 
 TRUSTEES OF THE POOR. 
 
 P. L. T.,art. 4, ]. The Mavor and City Council have power to provide bv 
 
 sec. Si. _ ^ "^ i 1. . 
 
 1868, c.i. ordinance for the appointment, as other city officers are ap- 
 
AlM8-HoU8E. g^ 
 
 Article II.— Statutes. 
 
 pointed, of the Trustees of the Poor of Baltimore City, and Trustees of the 
 to prescribe the powers and duties of such Trustees.* pornted.""^ "''" 
 
 2. All titles to property of any and every kind (on Jan. ises.c.i; ibid, 
 22, 1868, ) held by the Trustees of the Poor of Baltimore City Set property 
 are hereby transferred to and invested in the Mayor and City 
 Council of Baltimore to all intents and purposes, and all 
 
 powers and privileges heretofore conferred upon the said powers and 
 Trustees of the Poor of Baltimore City are hereby transferred p"''''^^^'- 
 to and conferred upon the Mayor and City Council of Balti- 
 more. 
 
 3. Each trustee so appointed shall, before he proceeds to ises, c. i; 1862, 
 act, take and subscribe before the Mayor the oath of office l. l.,'c*37. ' 
 prescribed in the sixth section of the first article of the con- oath. 
 stitution ; and he shall then be qualified and competent to 
 perform all the duties of trustee. f 
 
 * 1868, c. 1, is entitled " an act to repeal sections thirty-four, thirty -five, 
 thirty -six, thirty -seven and thirty -eight of the fourth article of the Code of 
 Public Local Laws, relating to the city of Baltimore, and to substitute in lieu 
 of sections thirty -four, thirty-five and thirty-seven the following." It then 
 repeals sections 34, 35, 36 and 37 of the article, and enacts that the above be 
 substituted for sections 34, 35 and 37. The act of 1862, c. 279, had previously 
 repealed sections 34,35,37,39, 58 and 61 of the Code, and enacted substitutes 
 therefor. 1868, c. 1, further provided that it should take eflFect upon its 
 passage, (from January 22, 1868,) and that the said Mayor should immedi- 
 ately appoint Trustees of the Poor of Baltimore City as in case of a vacancy 
 under the existing laws and ordinances, and that when the Mayor and City 
 Council should have ptissed ordinances prescribing the duties and powers of 
 the Trustees of the Poor, the operation of sections 38 to 69 of Art. 4, P. L. L., 
 should cease. [Sections 5 to 33 of this Article.] 
 
 t Const. 1867, Art. 1, sec. 6, is as follows : Every person elected or appointed 
 to any office of profit or trust under this Constitution, or under the laws 
 made pursuant thereto, shall, before he enters upon the duties of such ofiice, 
 
 fake and subscribe the following oath or affirmation : I, , do swear, 
 
 (or afl[irm, as the case may be,) that I will support the Constitution of the 
 United States, and that I will be faithful and bear true allegiance to the • 
 State of Maryland, and support the Constitution and laws thereof; and that 
 I will, to the best of my skill and judgment, diligently and faithfully, with- 
 out partiality or prejudice, execute the office of according to the 
 
Qg Alms-House. 
 
 Article II. — Statutes. 
 
 1868, c.i. 4. Until the Mayor and City Council shall have exercised 
 
 What sections the powers vested in said corporation by the afoi-egoing sec- 
 m orce. ^.^^ ^^^ ^^. ^^.^ aj-tide, the powers and duties of the Trustees 
 
 of the Poor of Baltimore City shall be such as are prescribed 
 
 in the sections following. 
 
 Ibid, sec. 38. 5. They shall keep a book, in which shall be entered the 
 Book of minutes, minutcs of their proceedings, and the certificate of each 
 
 trustee having taken and subscribed the oath mentioned in 
 
 the preceding section three hereof. 
 
 Ibid, sec. 40. 6. They, or a majority of them, shall have power to ap- 
 
 Appointment of point all such officcrs, clerks, agents and servants as they 
 &c. ' ' may think necessary, and at their pleasure to remove and 
 discharge the same. 
 
 Ibid, sec. 41. 7. They shall fix and prescribe the duties of all such 
 Their duties -, officers, clcrks, agents and servants, and fix and determine 
 
 compensatioii. 
 
 their compensation. 
 
 Ibid, sec. 42. g They may admit into the almshouse and receive under 
 
 Mode of admit- their carc, in addition to those paupers* which the laws 
 
 tmg inmates. ' ^ '■ 
 
 of this State authorize or require, such indigent or dis- 
 tressed persons as in their opinion the dictates of humanity 
 or particular circumstances render proper or necessary. 
 
 Ibid, sec. 48. 9. They shall prescribe, provide for, and direct all matters 
 
 relating to the support, treatment and em 
 paupers, vagrants and other persons in th 
 any other place under their care and charge. 
 
 Support and em- relating to the support, treatment and employment of all 
 
 ployment of in- ■ . 
 
 mates. paupcrs, vagrauts and other persons in the almshouse, or 
 
 Constitution and laws of this State, (and, if a Governor, Senator, member of 
 the House of Delegates, or judge,) that I will not directly or indirectly, re. 
 ceive the profits or any part of the profits of any other office during the term 
 of my acting as . 
 
 *Art. 58 of the Public General Laws provides for the sending of lunatic 
 or insane paupers to the almshouse of the county or city to which they 
 belong. 
 
Alms-Housb. g9 
 
 Article U.— Statutes. 
 
 10. They shall procure, or erect and use all such ma- iwd, sec. 44. 
 chinery, materials and implements as they shall think proper Machinery and 
 
 ,. , 1 • 1 , • ■■ . implements. 
 
 or necessary tor any purpose connected with their duties or 
 the exercise of the powers vested in them. 
 
 11. They may make, amend, alter and repeal all such iwd, sec. «. 
 by-laws as sliall be necessary to carry into full effect all the By-iaws. 
 powers, authorities and duties vested in or required of them, 
 provided such by-laws be not contrary to law. 
 
 12. They may appoint a purveyor of provisions to said ibid, sec. 46. 
 almshouse, whose duty it shall be to provide and furnish purveyo. of 
 
 iiT- n • ^ provisions. 
 
 provisions to said almshouse under the direction oi said trus- 
 tees, to whom he shall annually return a statement or account 
 of his receipts and expenditures, to be examined and passed 
 at their discretion. 
 
 13. They shall require the said purveyor to give bond and iwd, sec. 47. 
 security to be approved by them, and in such penalty as they His bond, 
 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 bond to be put in 
 suit, and any sum or sums of money recovered in such suits 
 shall be applied to the use of said almshouse. 
 
 14. They may allow a salary to said purveyor not exceed- iMd, sec 48. 
 ing four per cent, upon the amount of money expended by saiary. 
 him under their direction. 
 
 1 5 . They shall meet at the almshouse on the first Monday ibid, sec. 49. 
 of May yearly, and appoint an overseer of said almshouse, overseer. 
 
 16. They shall require said overseer to enter into bond iwd, sec 51. 
 with sufficient securities, payable to said trustees, in the His bond, 
 penalty of five hundred dollars for the faithful performance 
 
 of the duties of his office. 
 
 17. The overseer shall keep a regular list of all poor, ibid, sec 52. 
 beggars, vagrants, vagabonds and other offenders, who shall List of inmates, 
 be committed to said almshouse, and also regular accounts in 
 
70 Alms-House. 
 
 Article II. — Statutes. 
 
 Accountsoiex- writine; of all materials and other thinojs which mavcometo 
 
 peiuUtures and o , o |, 
 
 receipts. ]^\f^ hancls, 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 
 overseer, and shall lay the same before the trustees when 
 required. 
 
 Ibid, sec. 53. 18. He may compel and oblige any of the poor, vagrants, 
 Inmates to work. Vagabonds and other offenders in said almshouse to work 
 and labor, and shall sell the produce of their labor and apply 
 the money arising therefrom to their support and mainte- 
 nance. 
 
 Ibid, sec. 54. 19. Every pauper who shall be under the care of said 
 
 Accounts with trustees, .except females under the age of twelve years and 
 males under the age of fifteen, shall be charged as a debtor 
 for food, medicine and other necessaries furnished, at a rate 
 not exceeding thirty cents per day ; and every such pauper, 
 when capable of performing labor or service, may, in the 
 discretion of the trustees, be required and compelled to per- 
 form the same, and shall be allowed a reasonable compensa- 
 tion according to the value thereof, to be ascertained and 
 fixed by the said trustees and credited to the account of the 
 pauper performing such work, labor or services ; and the 
 Inmates to be trustcBS may retain such pauper under their care until the 
 
 retained till ac- 
 counts balanced, charges against them, and the compensation so allowed, 
 
 Leaving with- shall balaucc ; and if any pauper shall depart from the alms- 
 out permission. ./ i i. i 
 
 house without ,the permission of the said trustees before he 
 shall have compensated by work, labor or services as afore- 
 said, or otherwise, for the charges against him, he shall be 
 guilty of a misdemeanor, and on conviction thereof in the 
 Penalty. Criminal Court of Baltimore, shall be sentenced to work and 
 
 % labor under the direction of the Trustees for the Poor of 
 
 Baltimore City, for a period of time ,in the discretion of 
 said court not exceeding twelve months ; and a certificate 
 
AlM8-H0U8K. 71 
 
 Article II. — Statutes. 
 
 under the corporate seal of said trustees that any person has certificate, evi- 
 80 departed indehted, and without permission, shall he suffi- 
 cient evidence to authorize any judge or justice of the peace 
 to issue a warrant for the arrest of such person, and to hind 
 over or commit him for trial as in other cases of misde- 
 meanor. 
 
 20. Nothing contained in the last aforegoing section shall iwd, see. 55. 
 be construed to prevent or restrict the said trustees from dis- Dismissal ofm- 
 
 mates. 
 
 missing any pauper or other person under their care, without 
 requiring any compensation to be made, by labor or other- 
 wise, for the expenses charged against such person. 
 
 21. Any one trustee may, under his hand in writing, iwd, sec. 56. 
 direct the admission of any pauper into said alms-house. Admission. 
 
 22. The said trustees shall meet at the alms house four iwd, sec. 67. 
 times in the year, to-wit : in the first week of February, Times of meet- 
 
 •' ' ings of trustees. 
 
 May, August and November, or oftener if they shall deem 
 it necessary/ and make and ordain by a majority of votes of 
 such as may be present, all such good and wholesome ordi- 
 nances, rules and by-laws as they may think necessary and 
 convenient for the maintenance and employment of the in- 
 mates of said alms-house. 
 
 23. Upon complaint made to said trustees, by the over- Jg^^f f^ 
 seer of said alms-house, and due proof made thereof, that Punishment of 
 any pauper in said alms-house has behaved in a disorderly 
 manner, or has neglected to obey and keep any of the ordi- • 
 nances, rules and by-laws of the said corporation, the said 
 trustees may order and direct such moderate and proper cor- 
 rection for any such offence, as the nature of the case may 
 require. 
 
 24. The said trustees shall be entitled to receive the sum p-^l-^l-, »«.% 
 of two dollars per day for each day they shall meet together f-^ d^e-o« 
 in the discharge of their duties. 
 
72 Alms-IIouse. 
 
 Article II. — Statutes. 
 
 Ibid, sec. CO. 25. If any person shall sell or dispose of any strong 
 
 Penalty for sell- liquor or otlier tiling to any inmate of said alms-house, he 
 ■ ' shall forfeit and pay the sum of twenty-five dollars. 
 
 1862, c. 279. 26. When deemed necessary, the trustees may require 
 
 Ibid, sec. 61. i i i • 
 
 Badges to be sucli badge as they may select, to he worn in an open and 
 mates. vissihle manner, on the arm or shoulder of any inmate of the 
 
 Penalty for re- alms-liousc I and if any inmate shall neglect or refuse to 
 
 fusing to wear. 
 
 wear such badge, he or she shall be subject to such moderate 
 and proper punishment as the trustees nnay see proper to 
 inflict. 
 
 p. L. L., art. 4, 27. All penalties and forfeitures imposed by this law 
 Penalties and shall bc recovcred in the Criminal Court of Baltimore, by 
 
 forfeitures ; how i 
 
 recoverable. actiou or by indictment. 
 
 Ibid, sec. 6.3. 28. All sheriffs, bailiffs, constables, and other oflScers, 
 
 What officers to sliall aid and assist the said trustees and the officers by them 
 
 assist trustees. 
 
 appointed in the discharge of their respective duties. 
 
 Ibid, sec. 64. 29. If any person shall at anytime be sued or prosecuted 
 
 Suits. for any thing done in pursuance of this law, or any thing 
 
 therein contained, he may plead the general issue and give 
 the special matter in evidence ; and if upon trial, verdict 
 shall be found for the defendant, or if the plaintiff shall be 
 Costa. non-suit or discontinue, the defendant shall recover treble 
 
 costs, and if the plaintiff shall be unable to pay them, they 
 shall be paid by the attorney who brought the suit, unless 
 the plaintiff shall give security for the costs to be approved 
 by the court. 
 
 WARD MANAGERS OF THE POOR. 
 
 Ibid, sec. 66. 30. The Mayor and City Council shall, at their annual 
 
 Ward managers scssiou, appoint ouc scnsiblc and discreet inhabitant residing 
 
 of the poor. , '^ 
 
 in each ward of the city to be a Manager of the Poor in the 
 ward in which he shall reside, who shall take an path before 
 some justice of the peace for said city that he will well and 
 
Alms-House. no 
 
 Article II.— Ordinance. 
 
 faithfully perform the duties of a manager of his ward ac- 
 cording to the best of his knowledge and judgment. 
 
 31. Every such manager shall hold his office during the iwd, sec. 67. 
 term of one year, and until his successor is duly appointed Term of office. 
 and qualified, and shall perform the duties of his office 
 gratuitously. 
 
 32. Each manager shall have power to direct in writing i^id, sec. 88. 
 any indigent, sick or disabled person, infant or idiot of his Powers and 
 ward, and who may be entitled to public relief by law, to go f "'•"''"' """*' 
 or be taken to the said alms-house. 
 
 33. The Trustees of the Poor shall cause the person sent ibid, sec. eg. 
 or taken to the almshouse by order of the said managers to Persons sent to 
 
 v . J .... 11, alms-house by 
 
 oe received, maintained and employed therein so long as in ward managers. 
 the opinion of the said trustees such person may be entitled 
 to relief and require it. 
 
 ORDINANCE. 
 
 The Register is authorized and directed to pay to the nq- 7o, June 5, 
 Trustees of the Poor of Baltimore City, each and every year, how payments 
 
 made to trustees 
 
 all such sums of money as they may require, not exceeding of voot. 
 the amount levied for the poor tax of each year, at such 
 times as they may require, in anticipation of the collection 
 of said tax, out of any money in the treasury not otherwise 
 appropriated. 
 
 Note.— Art. 4, sec. 65, provided tiiat the almshouse property, then jointly 
 owned by Baltimore City and Baltimore County, until sold under the act of 
 Assembly, 1853, c. 253, should continue to be jointly used and occupied by 
 the said county and city, under such regulations as the said trustees should 
 from time to time agree upon and prescribe, unless by the joint consent of 
 the County Commissioners of said county and the Mayor and City Council 
 of Baltimore, any change in the use and occupation should be made ; power 
 ■ and authority to make which change was thereby vested in the County 
 Commissioners and the Mayor and City Council. 
 
74 Alm8-Hou8e. 
 
 Article II. — Ordinance. 
 
 The alinsliouse property referred to in this section, 65, of Article 4 of Pub- 
 lic Local Laws City of Baltimore, and also in sections 38 to 40 of Article 3 
 of Public Local Laws Baltimore County, was sold by joint commissioners, 
 July 19, 1858, and the sale ratified and confirmed by ordinances Nos. 46, 
 Sept. 23, 1858, and 51, Jan. 29, 1859, under the acts of 1853, c. 253, and 1858, 
 c. 258. It was, however, under lease by the city at the time of the adoption 
 of the Code, February, 1860, (see ordinances Nos. 311, Sept. 14, 1860, and 
 335, Sept. 26, 1860.) It was finally disposed of under acts of Assembly of 
 1873, c. 286; 1872, c. 368, and 1874, c. 217; 1874, c. 350, and 1874, c. 430. 
 
 The present Baltimore City Almshouse, (named by Res. No. 81, May 6, '65, 
 " Baltimore Bayview Asylum,") was erected under the provisions of ordi- 
 nances No. 40, approved May 20, '62; No. 49, July 16, '62; No. 25, March 
 26, '64; No. 35, June 7, '65, and No. 3, February 16, '66; and Res. Nos. 5, 
 Dec. 2, '58; 37, Dec. 16, '58; 146, June 9, '64, and 189, Oct. 23, '65. The site 
 was purchased from the Canton Company of Baltimore, and the almshouse is 
 situate near Eastern avenue and Shor's lane. Ordinance No. 21, April 28, 
 1860, providing for the purchase of property for an almshouse near the Phila- 
 delphia turnpike road was repealed by ordinance No. 10, April 5, '61. (See 
 Sittmhouse v. Maym; dtc, 25 Md. 336.) 
 
Aebiteation. 
 
 75 
 
 Article III. — Statutes. 
 
 ARTICLE III 
 
 ARBITRATION. 
 
 STATUTES 
 
 COURT OF ARBITRATION OP BOARD 
 OF TRADE. 
 
 1. Organization and purposes. 
 
 2. Powers: proviso: judge : clerk : ju- 
 
 risdiction : compensation : right 
 of appeal: costs: judgment. 
 
 3. Proceedings on judgment: pro- 
 
 cess of execution : nature of 
 writ : when writ issued. 
 
 ARBITRATION COMMITTEE OF CORN 
 AND FLOUR EXCHANGE. 
 
 4. Duties. 
 
 5. Modeof proceeding: powers; pro- 
 
 cess : award : copies. 
 
 6. Judgment or decree in court on 
 
 award : execution : title to real 
 estate : costs and expenses : 
 stay: no appeal. 
 
 STATUTES. 
 
 COURT OF ARBITRATION OF BOARD OF TRADE.* 
 
 1. The, Board of Trade shall have power and authority iszs.c. 383, s. 4. 
 to create and organize within itself a court of arbitration organization of 
 
 ^ . . court of arbilra- 
 
 for the adjudication and settlement, according to the princi- tion. 
 pies of law, equity and commercial usage, or of either, purposes. 
 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, ware- 
 house or other similar receipts, and other such commercial 
 paper ; of guaranties of agency, of bailment, of partnership, 
 of insurance, of affreightment, or of any other transactions, 
 of whatever specific class, pertainfng to trade, commerce, 
 
 *The Board of Trade was incorporated by act of 1853, c. 158. 
 
76 
 
 Aebitkation. 
 
 Article III.— Statutes. 
 
 naviscation, manufactures or mechanic arts, or business con- 
 nected 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 mechanic arts, one or more of 
 tlie parties to which controversies is or are members of the said 
 corporation, in all cases wlierein 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. 
 
 Ibid, s, 6. 2. In order to the due and effective execution of the 
 
 Powers. power in the next preceding section granted, the said cor- 
 
 poration shall have the further power, either directly in 
 corporate meeting, whether the regular annual meeting or a 
 special meeting called for the purpose by reasonable notice 
 to all the members of the time, place and object thereof, by 
 advertisement in one or more of the daily newspapers of the 
 city of Baltimore, or else by delegation, in such meeting, by 
 rule or otherwise, made through the officers and directors, 
 constituting the board of directorB or management of said 
 corporation, in either case by the concurring votes of a ma- 
 jority of the members of said corporation or board of directors, 
 as the case shall be, present at such meeting of the one or 
 
 ProTiB*. the other for the propose— provided there be then and there 
 
 a quorum present, as constituted by the constitution, articles 
 of association or by-laws of the said corporation or board of 
 directors — from time to time to elect from among those per- 
 sons 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 regulation, as hereinafter em- 
 powered, prescribe, whether such person be a member of said 
 corporation or not, unless otherwise provided by such rule or 
 
 Judge. regulation, as judge of the said court of arbitration, and also to 
 
 elect in like manner, or to provide for the election or appoint- 
 
Arbitration. 77 
 
 Article III. — Statutes. 
 
 ment of a clerk of the said court ; and shall have power also, cierk. 
 by rules and regulations duly adopted by the said corporation 
 in such corporate meeting as aforesaid, or by the delegation 
 of said corporation in such meeting made by its 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 officers cf the said court of arbitration provided for as 
 hereinafter is authorized, and to determine the jurisdiction jurisdiction. 
 of the said judge, original and appellate, 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 
 continue to hold his office, and the amount and mode of the 
 compensation of each, not to be diminished, however, during compensation. 
 the currency of a term of office ; to provide for the appoint- 
 ment of temporary substitutes for the said judge and the said 
 clerk, or either, when from any cause this shall be necessary 
 for the prom[)t administration of the justice of the court, 
 and also for the appointment of lay arbitrators as members 
 of the said corporation, for the hearing and determination of 
 a particular case, either in the first instance with right to the 
 parties, or either of them, to appeal to tlie 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 pre- 
 scribe the forms and modes of application, procedure, plead- 
 ing, practice, trial'and jjrocess 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 costs, 
 to any such controversy so submitted, and the amount and 
 
78 Arbitbation. 
 
 Article III. — Statutes. 
 
 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 perform- 
 judgment. aucc of the award, judgment or decision of the said court or 
 board of arbitration by any final process of execution other- 
 wise than is hereinafter directed. 
 
 Ibid, s. 6. 3. When, in any such case so submitted as is hereinbe- 
 
 Proceedings on fore provided, an award, judgment or decision shall have 
 been rendered by the said court or board of arbitration, that 
 is, according to the rules and regulations hereinbefore au- 
 thorized, final and conclusive upon the parties, and shall 
 have been recorded by the clerk of the said court in a book to 
 be provided and kept for the purpose within a time limited 
 therefor in the said rules and regulations, the successful 
 party shall have the right to have the said original award, 
 judgment or decision in writing, signed by those members of 
 the said court or board concurring therein, and duly certified 
 by the clerk to be the original award, judgment or decision, 
 under his hand and the 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 op- 
 tion with the clerk of the Court of Common Fleas of said 
 city, have the right to have the same entered by its proper 
 style, in the name of such successful party as plaintiff 
 against the 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, which- 
 ever shall first occur, and upon the call thereof in its course, 
 to have judgment at once oidered and entered up, as upon a 
 
Arbitration. 
 
 Article III.— Statutes. 
 
 verdict for the recovery of the same amount, according to 
 
 the practice of said court, and to have process of execution Process of exe- 
 cution. 
 
 for its enforcement and satisfaction in all respects as if the 
 said amount had been recovered by a judgment of the said 
 court in a regular suit between the same parties in the same 
 relative position on the record, there instituted and prose- 
 cuted in the ordinary modes of proceeding therein ; but, if 
 the said award, judgment or decision shall be for the recovery 
 by the one party, and the surrender or delivery by the other 
 to him of the possession of specific property, the said suc- 
 cessful 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 jurisdiction 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 succeed- 
 ing rule day of the said court, whichever shall first occur, to 
 have, upon motion therefor, and order made by the said 
 court, affirming the said award, judgment 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 Nature of writ. 
 habere facias posse^isionem, such as the said court is author- 
 ized 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 or persons in possession 
 of said land, claiming the same by virtue of a title derived 
 from, through or under such losing party, and acquired sub- 
 sequently to the date of such award, judgment or decision, 
 which said writ the said court is authorized and empowered 
 to issue for this purpose upon application in writing of such 
 successful party to the said award, judgment or decision, in 
 
80 
 
 Aebitration. 
 
 Article III. — Statutes. 
 
 When witness- person or by attorney, verified by the affidavit of himself" or 
 
 ed, 
 
 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 appli- 
 cation served upon such party in possession in person ; and 
 if the recovery be of the possession of personal 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. 
 
 Arbitration 
 committee. 
 
 Duties. 
 
 ARBITRATION COMMITTEE OF CORN AND FLOUR 
 
 EXCHANGE. 
 
 1870, c. 136, 8. 8. 4. The board of directors shall annually elect by ballot 
 five members of the association, who are not members of the 
 board, as a committee, to be known as the Arbitration Com- 
 mittee of the Baltimore Corn and Flour Exchange.* The 
 board of directors may, at any time, fill any vacancy in said 
 committee for the remainder of the term in which such 
 vacancy may happen. The duty of the arbitration com- 
 mittee shall be to hear and decide any controversies which 
 may arise in business between the members of said organiza- 
 tion, or said members and other persons, as may be volun- 
 tarily submitted to the said committee 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 con- 
 troversy so arising as might be the subject of an action at 
 law or in equity, except claims of title to real estate. 
 
 5. The mode of proceeding of said arbitration commit- 
 tee shall be regulated by the by-laws of the corporation, 
 which shall be substantially complied with in all cases, 
 without prejudice, however, to any award from merely formal 
 
 Agreement to 
 submit. 
 
 Real estate. 
 
 Ibid, s. 9. 
 
 Mode of pro 
 ceeding. 
 
 * The Corn and Flour Exchange was incorporated by Act of 1865, c. 83. 
 
Aebitkation. 81 
 
 Article III.— Statutes. 
 
 irregularity. The said committee shall have power to apply Powers, 
 to any justice of the peace for the City of Baltimore, to issue 
 suhpcBnaa and other compulsory process to procure the attend- Process. 
 ance of witnesses before it, and all justices so applied to in • 
 writing, signed by the chairman or acting chairman of said 
 committee, shall issue such process forthwith, the cost of the 
 same, and of the attendance of the witnesses so summoned, 
 to be the same as in civil suits before such justices, and to be 
 collectable from the parties on whose behalf the said witness- 
 es 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 Award. 
 name of and as the 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 con- 
 formity herewith, and as prescribed by the by laws, shall be 
 conclusive on all parties to the submission. It shall in all 
 cases be in writing, signed by the members of the committee 
 who agreed upon it, and filed among the proceedings of the 
 committee, but copies shall be given by the secretary, with copies. 
 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. 
 
 6. If the parties to any submission shall agree to do so, ibid, s.io. 
 they may stipulate as part of said submission, in writing, judgment or de- 
 
 '' '' i: >■ . „ . cree in court on 
 
 that the award of the committee rendered in conformity award. 
 herewith 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 
 
Arbitration. 
 
 Article III. — Statutes. 
 
 Costs and ex 
 
 peiises. 
 
 file a copy of the same and of the submission, attested under 
 seal by the secretary of the corporation, for record with the 
 clerk of any court of this State having jurisdiction of the 
 subject matter, and the person against whom said enforce- 
 ment 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 tliereupon. as upon a final award made by referees 
 
 Execution. uudcr rulc of court ; upon which judgment or decree, exe- 
 cution shall issue without stay. No matter affecting the 
 
 Title to real es- title of real cstatc, however, shall be submitted to or be 
 
 tate. ' ' 
 
 arbitrated by the said committee under this or the preceding 
 section, but the committee may direct in its award the pay- 
 ment of the costs and expenses of the arbitration, and the 
 amount thereof shall be embraced as a principal sum in the 
 judgment or decree to be rendered ; if awarded, to be paid 
 by the party against whom such judgment or decree is 
 sought. No judgment or decree rendered on any award 
 under this act shall be liable to be stayed, except upon alle- 
 gation, 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 this act, 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 l)e any ap- 
 peal 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. 
 
 stay, 
 
 No appeal. 
 
Assault and Battery. 
 
 83 
 
 Article IV.— Statutes. 
 
 ARTICLE IV. 
 
 ASSAULT AND BATTERY. 
 
 STATUTES. 
 
 3. Presentment or indictment. 
 
 Assault and battery in streets, 
 &c. : penalty. 
 
 Description of offence in recog- 
 nizance or commitment. 
 
 STATUTES. 
 
 1. Any person M'ho shall, without any provocation, as- p. l. l., art. 4, 
 sault and beat any person in any of the streets, lanes, alleys Assault and bat- 
 or highways of the City of Baltimore, or at any place of &c? 
 public resort or amusement, between the hours of six o'clock 
 
 in the evening and six o'clock on 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 pcnauy 
 imprisoned not less than one month ; or the judge of the 
 Criminal Court of Baltimore City, or the judge having juris- 
 diction of the offence, may, in his discretion, sentence the 
 person convicted of such offence to confinement in the peni- 
 tentiary for a period not less than six months nor more than 
 two years. 
 
 2. It shall not be necessary to state with more particu- ibid, sec. ise. 
 larity than is now necessary in proceedings for assaults and ^^»^;".jP^^"J^°J 
 batteries, the time or place of such assault and battery in nizan 
 the recognizance or commitment on which the said person is 
 tried, but the said person may be tried on a recognizance or 
 
 ce or com- 
 eiit. 
 
84 Assault and Battery. 
 
 Article IV. — Statutes. 
 
 Trial. Commitment on which the said person is tried, but the said 
 
 person may be tried on a recognizance or commitment for a 
 common assault and battery, and shall be sentenced by the 
 court according to the facts proved at the trial. 
 
 Ibid, sec. 157. 3. In case the said person is tried upon a presentment or 
 Presentment or indictment, it sliall onlv be necessary to alle";e in the pre- 
 
 indictment. ' _ _ " '' ° / 
 
 sentment or indictment that the offence was committed 
 between the hours aforesaid, and that it was committed on a 
 highway in the City of Baltimore, or at a place of public 
 resort or amusement, without setting forth said highway or 
 place of public resort or amusement by name. 
 
AssAYEE OF Silver Plate. 
 
 85 
 
 Article V.— Statutes. 
 
 ARTICLE y. 
 
 ASSAYER OF SILVER PLATE. 
 
 STATUTES 
 
 1. Mayor and Council to appoint 
 
 assayer. 
 
 2. Oath of office. 
 
 3. Bond. 
 
 4. Not to be concerned in sale or 
 
 manufacture of silver. 
 
 5. Stamp prescribed. 
 
 6. Mayor and Council to approve 
 
 stamp: fine. 
 
 7. Forging or counterfeiting stamp 
 
 or marks, &c.: penalty. 
 
 8. When manufacturer may sell 
 
 without stamp : penalty. 
 
 9. Name of manufacturer to be 
 stamped : purchaser may have 
 ware assayed. 
 
 10. False mark or stamp. 
 
 11. When purchaser to pay costs to 
 
 assayer. 
 
 12. When seller to pay : penalty. 
 
 13. How fines and penalties recover- 
 
 able. 
 
 14. Not to extend to any but traders. 
 
 STATUTES. 
 
 1 . The Mayor and City Council of Baltimore shall ap- p. l. l., art. 4, 
 point an able and skilful man, experienced in assaying silver, Mayor and 
 
 , „ • 1 • Council to ap- 
 
 as Assayer tor said city. point assayer. 
 
 2. The person so appointed shall, before entering upon iMd, sec. 71. 
 the duties of his office, take the following oath: I, A. B., oath of office, 
 do swear that I will, so long as I continue assayer, well and 
 faithfully behave myself in said office, and justly and im- 
 partially decide all matters which may be submitted to me 
 
 as assayer, according to my best judgment and experience, 
 and no undue jjrofit to myself take to the hurting or hin- 
 drance of any person, either purchaser or seller, of any article 
 of manufactured silver to be assayed, and will true account 
 
86 AssAYER OF Silver Plate. 
 
 Article V. — Statutes. 
 
 make of all acts done by me in virtue of my office of assayer, 
 whenever I shall be required so to do by tlie Mayor and City 
 Council of Baltimore, so help me God. 
 
 Ibid, sec. -2. 3. He shall enter into bond to the Mayor and City Coun- 
 
 Bond. cil in such sum and with such security as they shall require 
 
 for the true and faithful performance of the duties imposed 
 
 upon him by law. 
 
 Ibid, sec. 73. 4. No assaycr shall be concerned or any wise interested 
 
 Not to b« con- in the manufacturing or sale of silver plate, or manufacture 
 
 cerned in .<!.ilc 
 
 or manufacture of silvcr within the Citv or precincts of Baltimore, under 
 
 of Sliver. '' A ' 
 
 the penalty of the forfeiture of his office and of his official 
 bond. 
 
 Ibid, sec. 74. 5. The Stamp which shall be used by the assayer for the 
 
 stamp pre- marking or stamping of silver vessels, plate, or manufacture 
 
 scribed. 
 
 of silver, shall be numbers corresponding with the number 
 of ounces, pennyweights and grains of pure silver contained 
 in such articles to every pound troy. 
 
 ibid.sec. 75. g_ The said stamp shaU be appiroved by the Mayor and 
 
 com?cirtoap- ^^^y Council, and it shall be the duty of the assayer, when- 
 
 prove stamp, g^g^, required by the said Mayor and City Council, to produce 
 
 for their inspection the stamp so used by him, and on failure 
 
 his office shall be vacated or a fine imposed upon him, at 
 
 their discretion. 
 
 Ibid, see. 76. 7, Jf any person shall cast, forge or counterfeit, or cause 
 
 Forging or to be cast, forgcd or counterfeited, the stamps or marks of 
 
 cotiriterreitniK ' <^ ? i 
 
 stamp or marks, the assaycr, or shall mark or stamp, or cause or procure to 
 be marked or stamped, any wrought plate of silver, or any 
 wares of brass or other base metal silvered over or resembling 
 silver, with any stamp or mark which hath been or shall be 
 forged or counterfeited, in imitation of or to resemble any 
 stamp or mark of said assayer, or shall transpose or remove, 
 or cause or procure to be transposed or removed, from one 
 
AssAYER OF Silver Plate. 87 
 
 Article V.— Statutes. 
 
 piece of wrought plate to another, or to any plate of such 
 base metal as aforesaid, any stamp, mark or impression 
 which may be made by or with the said assayer's stamp or 
 mark, or shall sell, exchange or expose, or offer for sale or 
 exchange, any wrought plate of silver, or any vessel of such 
 base metal as aforesaid, with any such forged or counterfeited 
 stamp, mark or impression thereon, or any stamp, mark or 
 impression which hath been transferred or removed from any 
 other piece of plate, knowing such stamp, mark or impres- 
 sion to be forged, counterfeited or transposed, or removed as 
 aforesaid, or shall wilfully or knowingly have or be possessed 
 of any mark or stamp which hath been or shall be forged or 
 counterfeited in imitation of and to resemble any mark or 
 stamp of said assayer, he shall, upon conviction thereof, 
 forfeit and pay the sum of five hundred dollars, to be re- Penalty. 
 covered by action of debt in the Criminal Court of Baltimore, 
 in the name of the Mayor and City Council of Baltimore, 
 one-half thereof to the Mayor and City Council for the use of 
 the city, and the other half to the use of the informer, and 
 shall be committed by the court to the penitentiary of the 
 State of Maryland, there to remain and to be kept at hard 
 labor for any time not exceeding the space of five years, nor 
 less than one year, and until payment be made of the said 
 forfeiture. 
 
 8. It shall be lawful for any manufacturer or manufac- ibid.sec.rr. 
 turers of silver ware in said city, to sell, exchange, expose whenmanufac- 
 or offer to sell or exchange, any silver vessel or plate, or without stamp. 
 other manufacture whatsoever, by himself or themselves, 
 manufactured within the said city, without requiring the 
 stamp or mark of the assayer thereupon ; provided, that 
 every vessel or plate or other manufacture of silver thus soH, 
 exchanged or exposed, or offered for sale or exchange, which 
 shall be over the weight of five pennyweights, shall be 
 stamped with the name or names of the manufacturer or 
 
88 ASBATER OF SiLVER PlATB. 
 
 Article V. — Statutes. 
 
 manufacturers, and also the numerical figure or figures cor- 
 responding with the fineness thereof, under the penalty of 
 Penalty. twenty dollars for each and every article which shall not he 
 
 so stamped. 
 
 Ibid, sec. 78. 9. It shall be lawful for any person or persons who may 
 
 Nameofmanu- not bc manufacturers of silver ware, to sell, exchange or ex- 
 
 facturer to be j j o 
 
 stamped. posc, or offcr to sell or exchange in said city, any silver 
 
 vessel, plate or other manufacture of silver whatsoever not 
 manufactured within the said city, and having thereon the 
 name or names of the person or persons so selling, exchang- 
 ing or offering to sell, or exchange the same, together with 
 the numerical figures corresponding to the fineness thereof; 
 
 Purchaser may hut it sliall bc lawful for the purchaser or purchasers of such 
 
 have ware as- ^ '- 
 
 sayed. ware, plate or manufacture of silver, to apply to the assayer 
 
 of said city to have the same assayed, and if on assaying the 
 same it shall be found that the said plate, ware or manufac- 
 ture is less in fineness than eleven ounces in any pound troy, 
 or hath not thereon the numerical figures and the name or 
 names as aforesaid, the person or- persons so selling or ex- 
 changing, or ofi'ering to sell or exchange the same, shall 
 forfeit and pay the sum of twenty dollars for each and every 
 piece of article of such ware, plate or manufacture so sold 
 or exchanged, or ofiered for sale or exchange. 
 
 Ibid, sec. 79. 10. If any purchaser or purchasers of any vessel, plate 
 
 False mark or or othcr manufacture of silver in said' city shall believe that 
 
 stamp. '' 
 
 the stamp or mark designating by a numerical figure or 
 figures the fineness thereof, is a false and deceptions mark or 
 stamp, and does not truly designate the fineness thereof, he 
 may apply and complain to the assayer, who shall assay the 
 article and decide and declare the fineness thereof. 
 
 Ibid, sec. 80. 11. If the assayer, upon application and complaint as 
 
 triTay^co^t^'to^^*^^®^^^^' ^^^^^^ decide that the said mark or stamp designa- 
 a,ssayer. ^iug by a numerical figure or figures the fineness of the sil- 
 
AssATEB OF Silver Plate. 89 
 
 Article V. — Statutes. 
 
 ver article in question before him, is a just and true mark^ 
 fairly designating the fineness thereof, the purchaser making 
 the complaint shall pay to the assayer ten cents for every 
 ounce of silver plate or manufactured silver assayed. 
 
 12. If the assayer shall decide that the mark or stamp iwd, sec. si. 
 designating by a numerical figure or figures the fineness of when seiier to 
 such silver plate or manufactured silver is a false and decep- 
 
 tious mark or stamp, and does not truly designate the fine- 
 ness of such article, the seller or manufacturer against whom 
 the application is made sliall be fined twenty dollars for each Penalty- 
 case in which such decision is made by the assayer, and pay 
 to the assayer ten cents for every ounce of silver plate or 
 other manufactured silver so assayed. 
 
 13. All fines and penalties incurred for violating the pro- ibid.sec.sz, 
 visions of this article relating to the assaying of silver plate How fines and 
 
 '^ ^ o J- penalties recov- 
 
 shall be recoverable before a justice of the peace, as small arable. 
 debts are recoverable, in the name of the Mayor and City 
 Council of Baltimore, the one-half thereof to the said Mayor 
 and City Council for the use of the city, and the other half 
 for the use of the informer. 
 
 14. Nothing herein contained shall be construed to extend ibid, sec. 83. 
 to those who do not deal in silver ware, plate or manufac- Nou^o^extend^t^^ 
 
 ture thereof, in the way of trade. 
 
 1 
 
90 
 
 Auctions. 
 
 Article VI. 
 
 ARTICLE VI 
 
 AUCTIONS 
 
 STATUTES . 
 
 1. Wliat property subject to auction 
 
 duties. 
 
 2. Rates of tax on sales by auction : 
 
 specialHcense not to pay duties. 
 
 3. Rates of duties : exceptions. 
 
 4. How calculated. 
 
 5. What property exempt from 
 
 duties. 
 
 6. Duties on realty : a lien. 
 
 7. Purchaser may pay out of pur- 
 
 chase money. 
 
 8. Property to be struck off to 
 
 highest bidder. 
 
 9. Governor to appoint auctioneers. 
 
 10. Bond of auctioneer to sell under 
 
 $150,000: license fee to treas- 
 urer. 
 
 11. When general auctioneers may 
 
 sell : returns to City Comp- 
 troller: auctioneer under spe- 
 cial license : penalty. 
 
 12. Bond to sell over $150,000: 
 
 license fee. 
 
 13. To sell books, maps and prints : 
 
 license fee. 
 
 14. To sell horses and carriages : li- 
 
 cense fee. 
 
 15. How license may be issued. 
 
 16. Partner or representative may 
 
 act in case of death. 
 
 17. Bonds : how taken and recorded : 
 
 fee to clerk of court. 
 
 18. When treasurer tt) issue license. 
 
 19. 
 
 20. 
 
 21. 
 
 22. 
 23. 
 
 24. 
 
 25. 
 
 26. 
 
 27. 
 
 30. 
 31. 
 
 Unauthorized persons not to sell 
 by auction : penalty. 
 
 Selling without bond or license : 
 penalty. 
 
 Selling goods other than author- 
 ized : penalty. 
 
 Commission void without license. 
 
 Bond to be renewed. 
 
 When treasurer may require new 
 security. 
 
 Appointment void, if auctioneer 
 accept appointment from an- 
 other State. 
 
 Auctioneer to designate partners, 
 &c. : penalty. 
 
 Mayor to designate where horses 
 and carriages may be sold, &c.: 
 riding and driving such horses 
 and carriages. 
 
 Auctioneer to keep registry of 
 horses sold : where to be de- 
 posited. 
 
 Rates of commissions allowed for 
 selling books, maps and prints. 
 
 Rates for selling under $150,000. 
 
 For selling over $150,000: excep- 
 tion. 
 
 Higher rates than authorized : 
 penalty. 
 
 Not to permit others to sell under 
 license except employees : 
 places at which sales may be 
 made. 
 
Auctions. 
 
 91 
 
 Article VI. — Statutes. 
 
 34. 
 
 Penalty for violating provisions 
 of preceding section. 
 
 Auctioneers to render account to 
 City Comptroller: each day 
 sales : payments to City Comp- 
 troller. 
 
 Auctioneer's oath to account: 
 certificate to be attached. 
 
 Penalty for failing to make re- 
 turns : proviso : evidence : pro- 
 viso : action against auctioneer 
 or on bond. 
 
 Auctioneer making no sales to 
 make affidavit. 
 
 Governor to appoint no auction- 
 eer whose accounts are unset- 
 tled. 
 
 Fraud or deceit: penalty: di- 
 viding fee or commission with 
 trustee, attorney, &c.: liability 
 of trustee or attorney. 
 41. Prosecution: penalties recovered. 
 
 35. 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40. 
 
 42. Perjury : penalty. 
 
 43. Disposition of proceeds of auc- 
 
 tion duties: improving channel 
 and harbor. 
 
 44. Mayor and City Council to ac- 
 
 account to State Comptroller : 
 Comptroller to report to Gen- 
 eral Assembly. 
 
 45. Excess over $20,000 to be paid 
 
 to State Treasurer : City Comp- 
 troller to account to State 
 Comptroller : when balance to 
 be paid. 
 
 46. Proviso: wharfage. 
 
 47. Who may sell without license. 
 
 OUDINANCES- 
 
 1. I^'gister to account to Comptrol- 
 
 ler of State. 
 
 2. Holding auctions without per- 
 
 mission: penalty: when Mayor 
 may grant permit. 
 
 STATUTES . 
 
 1. All real estate, and all goods, wares, merchandise, rl.l, art. 4, 
 stock and every other species of personal property whatever, wh«t^^pf^p«;;ty 
 (except goods and other property belonging to this State or tro.rd,.tie°s ' 
 the United States, or which shall be seized by any public 
 
 officer for or on account of any penalty or forfeiture, or taken 
 in execution, and all goods distrained for rent, utensils of 
 husbandry, and all articles of the growth or produce of this 
 State,) which shall at any time be exposed to sale by public 
 auction within the city of Baltimore, shall be subject, each 
 and every time they or any of them shall be struck off, to 
 duties, at the following rates : 
 
 2. All real estate and vessels, all wines and ardent spirits, 'S'^, c. 249, .. 
 foreign and domestic,-all goods, wares , merchandise and effects Rate ^of ^ax on 
 imported from any place beyond the Cape of Good Hope, all t-. 
 stock of banks or other incorporated institutions, State or city 
 
92 Auctions. 
 
 Article VI. — Statutes. 
 
 loans, goods and effects of deceased persons or insolvent debt- 
 ors, or property sold under an order or decree of any court, at 
 the rate of fifty cents on every hundred dollars ; and raw cotton 
 and provisions, coffee, tea, sugar and molasses, foreign and do- 
 mestic, at the rate often cents on every hundred dollars, except 
 Special license in cascs wherc an auctioneer shall have taken out a special 
 
 not to pay du- 
 
 ties. license at the rate of seventy-five dollars per annum to sell 
 
 at public auction stocks of banks or other incorporated insti- 
 tutions, State or city loans, when, and in which event, but 
 not otherwise, no auction duties upon such securities shall 
 be paid by the auctioneer who has taken out such special 
 license.* 
 
 1872,0.249,8.87. 3. All otlicr goods, wares, merchandise and effects which 
 Rates of duties, are the production of any foreign country, all domestic manu- 
 factures, and all goods, Avares, merchandise and effects, and 
 property of what kind soever not enumerated above, at the 
 rate of seventy-five cents on every hundred dollars, save and 
 excepting that class of goods known as groceries and dry 
 goods, including carpets, boots and shoes, which shall only 
 be subject to a duty of ten cents on every hundred dollars. 
 
 p. L. L., art. 4, 4. The dutics shall be calculated on the sums for which 
 
 gee. 88. 
 
 How calculated, the property or goods so exposed to sale shall be respectively 
 struck off, and shall in all cases be paid by the person mak- 
 ing the sale. 
 
 Ibid, sec. 89. 5. No dutics shall be chargeable upon any goods, wares. 
 
 What property merchandise or other property sold by any auctioneer at 
 
 exempt Irom . ^ i i. ./ j j 
 
 duties. private sale on the days of his public auction, unless the 
 
 same be sold at the place of his public auction, or unless the 
 same be part of what was offered for sale at said public auc- 
 tion, or was advertised to be sold thereat. 
 
 * The Act of 1872, c. 263, also repeals and re-enacts sec. 86 [sec. 2] as 
 
 above, except that instead of " raw cotton and provisions, coffee, tea, sugar 
 and molasses," &c., it has : " coffee, tea, raw cotton, sugar and molasses," «S;c. 
 
AtroTioNS. 
 Article VI. — Statutes. 
 
 6. The duty imposed on all sales of lands, tenements and iwd.sec. 90. 
 hereditaments, or of any interest therein, at public auction Duties on reai- 
 in the City of Baltimore, shall be a lien on the said property '^' " 
 when sold as aforesaid. 
 
 7. Every purchaser of lands, tenements or hereditaments, iwd, sec. 91. 
 or of any interest therein, purchased at public auction in the Purchaser may 
 
 pay out of pur- 
 City of Baltimore, sliall be entitled to pay the auction duty i^hase money. 
 
 on such sale and to claim the said payment as a credit on 
 
 his purchase as aforesaid. 
 
 8. All goods and property, of what kind soever, shall in iwd, 8ec.92. 
 all cases be struck off to the highest bidder ; and where the Property to be 
 
 struck off to 
 
 auctioneer or owner, or any person employed by them or highest-bidder. 
 either of them, shall be such bidder, the goods or property 
 shall be subject to the same duties as if struck off to any 
 otlier person ; but this section shall not be construed to ren- 
 der valid any sale that would otherwise be deemed fraudulent 
 and void. 
 
 9. The Governor, by and with the advice and consent of iwd, sec. 93. 
 
 the Senate, shall biennially appoint as many auctioneers in Governor to ap- 
 point auction- 
 
 the City of Baltimore as he may think proper ; not exceed- ears, 
 ing twenty. 
 
 10. Each person so appointed, the amount of whose sales ibid, sec. 94. 
 of goods, wares, merchandise and personal property of every ^^ond^oj^^auc-^ 
 kind, exclusive of his real estate sales and sales of houses, under $150,000. 
 shall not exceed the sum of one hundred and fifty thousand 
 dollars, shall, before entering upon the duties of his office, 
 
 enter into a recognizance to the State, with two sufficient 
 securities, in the sum of five thousand dollars, conditioned 
 for the payment of the duties hereinbefore mentioned to the 
 Treasurer of Maryland, and that he shall in all things well, 
 truly and faithfully behave and conform himself according 
 to the true intent and meaning of this law ; and shall also 
 
94 Auctions. 
 
 Article VI. — Statutes. 
 
 License fee to pav to the Treasurer of Maryland the sum of four hundred 
 
 treasurer. 
 
 and fifty dollars as a license fee * 
 
 i872,c. 249, s. 11. Any auctioneer paying the license fee, and executing 
 
 95 
 
 When general the boud prcscribcd in the last aforegoing section, may make 
 miTyseu. sales of every description of goods, wares and merchandise 
 of every kind, and real estate, and may exercise all the rights 
 and privileges of a general auctioneer to the extent and 
 amount of the sum prescribed in said section ; and he shall 
 Return to City make uudcr oath quarterly returns to the Comptroller of the 
 omp ro er. ^.^^ ^^ Baltimore, showing the full amount of his sales of 
 every kind, distinguishing 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 
 Auctioneers ^ spccial liceusc, as providcd in article four, section eighty- 
 license?^*^'* six, of Public Local Laws, [section 2 ante], in regard to 
 auctions in Baltimore City, to sell at public auction stocks of 
 any banks or other incorporated institutions. State or city 
 loans, shall not be required to make any returns of sales of 
 
 * As to the former power of the city to grant licenses to auctioneers, (re- 
 vested in State by the Acts of 1827, c. Ill; 1828, c. 148; 1835, c. 184; 1841, 
 c. 186 ; 1853, c. 266 ; 1860, c. 279 ; 1868, c. 13 ; 1868, c. 171, and 1872, c 249,) 
 under the ordinance of Feb. 20, 1801, for licensing and regulating auctions 
 within the City of Baltimore, and suits on bonds given thereunder to the 
 Mayor and City Council, see McMeclien v. Mayor, dx., 2. H. & J. 41, and 3 
 H. & J. 534. These cases decide, that where a licensed auctioneer gave bond 
 with security, as required by law, for the performance of his duties, and the 
 bond recited that the auctioneer had obtained his license, the intendment of 
 law is, that the boYid and license were given on the same day, and that the 
 execution of tlie bond preceded the granting of the license, because the 
 nature of the transaction required it; and that if goods are sent to an 
 auctioneer, with directions to sell them at public auction, and he sells them 
 at private sale, without authority, and does not pay over the proceeds, his 
 bond is liable. 
 
 As to the right of persons interested to sue on bonds taken in name of 
 State, see Big v. State,8Md. 295; State v. Wyman, 2 G. & J. 254; State v. 
 Bryan, 3 Gill, 388; State v. Norwood, 12 Md. 193; Logan v. the State, 39 Md. 
 177; P. G. L. Art. XVI, sec. 108 ; Art. XVIII, sec. 34. 
 
Auctions. 96 
 
 Article VI. — Statutes. 
 
 such securities ; and if any auctioneer under said license shall 
 sell any amount exceeding the sum named in the last pre- 
 ceding section, he shall he subject to all the penalties herein- Penalty. 
 after imposed upon auctioneers who shall sell without license. 
 
 12. Each auctioneer so appointed whose sales of goods, p. l^., art. 4, 
 wares and merchandise, and personal effects of every kind, Bond to sen 
 
 ' ^ over $150,000. 
 
 exclusive of his real estate sales and sales of houses, shall 
 exceed the sum of one hundred and fifty thousand dollars, 
 shall, before he enters upon the duties of his office, enter into 
 a recognizance to the State, with two sufficient securities in 
 the sum of ten thousand dollars, conditioned as hereinbefore 
 prescribed, and shall pay to the treasurer the sum of seven License fee. 
 hundred and fifty dollars as a license fee. 
 
 13. If any person so appointed shall desire to pursue the ibid.seo.g?. 
 business of an auctioneer for the sole purpose of selling Bond to seii 
 
 , nooks, maps 
 
 books, maps or prints, by day or by night, he shall be enti- and prints. 
 
 tied 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 treasurer the sum of one hundred and fifty License fee. 
 
 dollars. 
 
 14. If any person so appointed shall desire to pursue the ibid, sec 9«. 
 business of an auctioneer for the sole purpose of vending Bond toseu 
 horses and carriages, he shall be entitled to do so by first canuges. 
 entering into a recognizance to the State, with two sufficient 
 securities in the sum of one thousand dollars, and paying License fee. 
 to the treasurer the sum of fifty dollars as a license fee. 
 
 15. A license may, on the request or with the consent of ibid, sec. 99. 
 the party, be issued by the treasurer, nunc fro tunc, so as to how license^ 
 avail him for a year from the day on which his license ex- 
 pired, or in such manner as to avail him for any part of the 
 interval the applicant may desire, but no license issued under 
 
96 Auctions. 
 
 Article VI. — Statutes. 
 
 this section shall acquit the party obtaining it of any penalty 
 hereby imposed for selling without license, if prosecution 
 therefor shall have commenced before such license was ob- 
 tained. 
 
 Ibid, sec. 100. 16. lu casc of the death of any auctioner before the time 
 Partner or rep- limited iu his liccnse has expired, his copartner, or copartners, 
 
 resentative may .,. i i i . 
 
 act in case of it hc has any, or his personal representative, may continue 
 to act under the license for the unexpired time. 
 
 ibid.gec.ioi. 17. All recognizances directed to be taken by this law 
 Bonds, how shall be taken by the clerk of the Court of Common Pleas, 
 
 taken and re- 
 corded, 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 trea- 
 surer within ten days after the date of such record, and the 
 Fee to clerk of otlicr shall be retained by said clerk, who shall be entitled to 
 
 court. 
 
 demand for the same from the auctioneer the sum of one 
 dollar. 
 
 Ibid, sec. 102. 18. The Treasurer, on his being satisfied that the recog- 
 when treasurer uizanco herein required has been entered into bv anv of the 
 
 to issue license. _ j ,; 
 
 persons appointed auctioneers by the Governor, and upon 
 his receiving the license fee hereby required from such per- 
 son, 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. 
 
 J«72. c- 249, s. 19. If any person or persons, not appointed and author- 
 unauthorized izcd in the manner herein directed, nor by nor under some 
 
 persons not to > j 
 
 sell by auction, official authority under the laws of the United States, shall 
 sell or attempt to sell any goods, wares, merchandise or ef- 
 fects of any kind, real estate, or vessels in the City of Balti- 
 more by public auction, he shall be considered guilty of a 
 misdemeanor, and shall be subject to presentment and indict- 
 ment in the Criminal Court of Baltimore, and shall on 
 
Auctions. 97 
 
 Article VI.— Statutes. 
 
 conviction be fined in a sum not exceeding five hundred del- Penalty. 
 lars, nor less than one hundred doHars, or be imprisoned for 
 a term not exceeding three months, or both, at the discretion 
 of the court, 
 
 20. If any auctioneer shall sell any goods, wares, merchan- 1872, c. 249, s. 
 dise or effects, or vessels, by way of public auction, without seiiine without 
 having entered into the recognizance and paid the license 
 
 fee hereinbefore required, he shall be deemed guilty of a 
 misdemeanor, and shall be subject to presentment and indict- 
 ment in the Criminal Court of Baltimore, and on conviction 
 thereof, shall be fined in a sum not exceeding one hundred penalty, 
 dollars, nor less than fifty dollars, for each and every article 
 so exposed for sale. 
 
 21. If any auctioneer shall sell any goods or property 1872, c. 249, s. 
 other than sucli as he is authorized to sell by the terms of his seiiing goods' 
 license, he shall be deemed guilty of a misdemeanor, and thomed. 
 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 penalty. 
 
 fifty dollars, for each and every article so sold. 
 
 22. If any person commissioned as auctioneer shall neglect p- l^^l., art. 4, 
 to take out a license within twenty days after his commission comr 
 
 •^ •' ^ Old ' 
 
 shall have been forwarded to him by the Governor, such com- lii^ense. 
 mission 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. 
 
 23. The recognizance herein required shall be annually iwd, sec. 107., 
 
 Bond to be re- 
 
 renewed. newed. 
 
 24. If any security or securities entered into by any auc- jbid, sec. 10?, 
 tioneer shall remove from this State or become insolvent, the when treasurer 
 
 may require 
 
 treasurer shall demand other security or securities in his or newsecumy. 
 their place, and if the auctioneer shall neglect or refuse to 
 
 imission 
 without 
 
98 Auctions. 
 
 Article VI. — Statutes. 
 
 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 treasurer shall immediately give public notice 
 thereof in two or more public newspapers published in said 
 city. 
 
 Ibid, sec. 109. 25. If any auctioneer apj^ointed under this law shall ac- 
 Appointment ccpt at any time during the continuance of his appointment 
 
 void if auction- 
 eer accept ap- an appointment as auctioneer from any other State, he shall 
 
 pointment from ■"■ ^ j 7 
 
 another State. |)g deemed to havc forfeited his appointment under this la^^^ 
 
 Ibid, sec. 110. 26. Every auctioneer in said city shall designate in writing 
 Auctioneer to his partner or partners, if any are engaged with him in his 
 
 designate part- _ ^ _ ^ ' '' o o 
 
 ners,&c. f^^id busincss, and the houses or stores occupied by him for 
 
 the transaction of auction business, and shall deposit such 
 writing with the 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 
 
 Penalty. shall be fined in a sum not exceeding five hundred dollars, 
 
 and it shall be the duty of the coiirt before whom such con- 
 viction is had to transmit forthwith a particular report there- 
 of to the Governor, who may in his discretion inhibit the 
 person convicted from acting as auctioneer during his 
 pleasure. 
 
 Ibid, sec 111. 27. The Mayor of the City may designate the place or 
 Mayor to desig- places for the sale of horses and carriages, and make such 
 
 nate where 
 
 horses aud car- regulations ip Tcspcct to tlic time and manner of selling 
 
 riaees may be '^ O 
 
 soia.&c. horses and carriages at auction, and the riding and driving 
 
 Riding and such horses and carriages, as he shall deem best calculated 
 
 driving. , " 
 
 to promote public convenience and protect the persons of in- 
 dividuals from danger. 
 
 Ibid, sec. 112. 28. Every auctioneer appointed and licensed for the sale 
 jiuctioneer to of horscs shall kccp a registry of all horses sold by him, 
 
 keep registry of i. o ./ j .i^in, 
 
 horses sold. specifying a description of the horse sold, the sum for which 
 
Auctions. ^ 99 
 
 Article VI.— Statutes. 
 
 he sold, and the name and residence of the seller and buyer, 
 
 and shall deposit such registry, with an oath of the truth where to be de- 
 posited. 
 thereof, at the end of each year, with the clerk of the Court 
 
 of Common Pleas. 
 
 29. No auctioneer specially licensed for selling books, iwd, sec. 113. 
 maps or prints shall be entitled to demand or receive, with- Ratesofcom- 
 
 . missions allow- 
 
 out a previous agreement to the contrary, irorn any person, ed for selling 
 
 *■ " _ , books, maps 
 
 directly or indirectly, a commission exceeding seven dollars and prints. 
 and fifty cents for every one hundred dollars of the purchase 
 money arising from such sales, exclusive of all duties. 
 
 30. No auctioneer licensed to sell to the amount of one iwd, sec. lu. 
 hundred and fifty thousand dollars, without a previous agree- Rates forseii- 
 
 T . ing under $150,- 
 
 inent to the contrary, shall be entitled to demand or receive ooo. 
 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. 
 
 31. No auctioneer licensed generally for the sale of goods, iMd.sedis. 
 wares and merchandise exceeding one hundred and fifty Rates for seii- 
 
 '-' \T\% over $150,- 
 
 thousand dollars, without a previous agreement to the con- oo"- 
 trary, 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 Exception. 
 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 en- 
 titled to receive seven dollars and fifty cents, clear of duties, 
 for every hundred dollars arising from such sales, and upon 
 these articles the auctioneer mentioned in the preceding sec- 
 tion may charge a similar amount. 
 
 32. Any auctioneer who shall receive or accept any ibid, sec. no. 
 greater or higher reward for his services than is authorized mgherr^ates 
 by this article, shall forfeit the sum of five hundred dollars i-d. 
 
100 Auctions. 
 
 Article VI. — Statutes. 
 
 Peuaity. for every oifence, 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. 
 
 1872, c. 249, s. 33. No auctioucer shall authorize or permit any person 
 Not to permit whatever to sell any property of any description whatever, 
 
 others to sell ^ . r t • z- i 
 
 umier license ufldcr and by virtuc 01 his license, except the person so 
 
 except em- "^ . 
 
 pioyee. authorized or permitted is actually and bona fide in the em- 
 
 ployment of such auctioneer, and is actually and horca fide a 
 resident of Baltimore City at the time of such employment, 
 and the commissions on such sales are actually and bona fide 
 for the benefit of such auctioneer, and no license shall be 
 construed to authorize the holder to sell at more than one 
 
 Places at which regular establishment, but an auctioneer may sell public 
 
 sales may be 
 
 made. stocks, houscs, lots and furniture, or ships or vessels on the 
 
 premises where the same may be, or at the exchange, or 
 goods in the original form and packages as imported, and 
 bulky articles such as have been usually sold in warehouses 
 or in the public streets or on the wharves, at such other 
 places within the city as shall be desired by the owner or 
 importer of such bulky articles or imported goods. 
 
 1872, c. 249,:8. 34. If any auctioneer shall violate any of the provisions 
 Penalty for vio- of the last preceding section, he shall be deemed guilty of a 
 sions of preced- misdemeanor for every such violation, and shall be subject 
 
 iug section. > . u 
 
 to presentment and indictment in the Criminal Court of Bal- 
 timore, and OHx conviction thereof, shall be fined in a sum 
 not exceeding two hundred dollars, nor less tban one hundred 
 dollars. 
 
 1B72, c. 249, s. 35. Every auctioneer shall, within thirty days after the 
 Auctioneers to first days of Jauuary, April, July and October of the year 
 tocitycomp. for which he shall have been appointed, and in each and 
 
 troUer. ^ ^ ' 
 
 every year that he shall hold and continue in the office and 
 duty of such auctioneer, render to the Comptroller of the City 
 
Auctions. iqi 
 
 Article VI.— Statutes. 
 
 of Baltimore a true and particular account in writing of the 
 money or sums of money for which any goods, wares or 
 merchandise, or other property of every kind, shall have 
 been sold at every sale since entering on the duties of his 
 office, or since the last account was rendered, of the amount Each day's 
 of each day's sales and the days when sold, distinguishing 
 the sales made by liim personally or in his presence, and 
 those made by his partner or partners or clerk in consequence 
 of his absence ; setting forth, also, the amount of all goods, 
 wares, merchandise and other property sent or entrusted to 
 him, his partner or partners, for sales, 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 charge- 
 able on said sales, duplicate copies of which said accounts, 
 properly sworn to as hereinafter required, shall be trans- 
 mitted to the Comptroller of the State, by every such auc- 
 tioneer, 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 Comptrol- Payment to 
 
 <=> ' I ^ i City Comptrol- 
 
 ler of Baltimore City, for the use of the State, subject to i". 
 
 provisions hereinafter contained, all such sum or sums of 
 money as appear to be due from him to the State for duties, 
 according to law. 
 
 36. The auctioneer making such returns shall, at the ih72, c. 249, s. 
 time of making the same, take before some justice of the Auctioneer's 
 
 o ' _ oath to acconnt 
 
 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 afore- 
 said by my co-partner or co-partners, (if any there he) or by 
 
102 Auctions. 
 
 Article VI. — Statutes. 
 
 others in my name, or under my direction, and in my actual 
 and bona fide employment, (as the case may he) and the 
 daj's upon which the same were respectively sold ; thai, I have 
 examined the entries of all sales mentioned in said account, 
 in the hooks kept by me for that purpose, 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 Baltimoi'e City, according 
 to the best of my knowledge and belief, so help me Grod. 
 Certificate to be And he shall cause a certificate of the fact that he has taken 
 
 attached. 
 
 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 last pre- 
 ceding section, shall be deemed or held to be '■'■ a true and 
 particular account," within the meaning of said last prece- 
 ding section, unless the oath herein provided 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. 
 
 1872,0.249,8. 37. If any auctioneer shall refuse or neglect to transmit to 
 Penalty for fail- the trcasuror a duplicate of the record of his recognizance as 
 
 ing to make re- ^ '^ 
 
 turns. before required, or shall neglect or refiise to render an account 
 
 of sales to the Comptroller of the City of Baltimore quarter- 
 yearly, or shall refuse or neglect to transmit a duplicate copy 
 of such account to the Comptroller of the State, within the 
 time or times limited for rendering such accounts or trans- 
 mitting such duplicates as provided in section one hundred and 
 nineteen of this law, [sec. 35, ante:\ or shall refuse or neglect 
 to pay over to the Comptroller of the City as hereinbefore re- 
 quired the money oY moneys due from him to the State for 
 duties, according to law, within thirty days after rendering 
 
AU0TI0N6." 103 
 
 Article VI. — Statutes. 
 
 such account, as hereinbefore directed, 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 con- 
 viction thereof shall be fined in a sum not exceeding seven penalty. 
 hundred dollars, nor less than one hundred dollars, and on 
 conviction shall further be deemed to have forfeited his ap- 
 pointment as auctioneer, and shall hereby be disqualified 
 from acting as auctioneer under the same ; provided, it shall Proviso, 
 be competent for such auctioneer at the trial of such suit to 
 give in evidence every matter or thing going to show a satis- Evidence. 
 factory excuse on his part for such neglect or refusal, and if 
 the jury before which such suit sliall be tried shall think such 
 excuse satisfactory, they shall return a verdict for the defend- 
 ant, the defendant, however, in such case to pay the costs of 
 the prosecution ; and provided further, that no suit or indict- Proviso. 
 ment, or conviction, under this section, for the penalties 
 herein contained, shall be held to bar or prevent the State 
 from bringing such civil action or actions in any of the courts ^^c»ou »g»i^nst^ 
 of this State against any auctioneer, or on his bond, for the bond, 
 recovery of any money or moneys that may be due the State, or 
 for tlie non-performance or mis-performance of any duty im- 
 posed upon him by this law, and for whicli a civil action 
 would lie against him or on his bonds. 
 
 38. Every auctioneer who, within the period limited for p.^l. l., art, 4, 
 his accounting, shall have made no sales of goods or property Aucticneer^^^^^ 
 of any kind liable to auction duties, shall make and subscribe to -keauidavit 
 an affidavit of those facts before the judge of the Court of 
 Common Pleas, and shall transmit a copy of the said affi- 
 davit, certified by said judge, to the treasurer, within the 
 same time that an account is required to be rendered, under 
 the penalty prescribed in the last preceding section. 
 
104 •Auctions. 
 
 Article VI. — Statutes. 
 
 Ibid, Bee. 123. 39. It sliall Dot be lawful for the Governor to nominate to 
 
 Governor to ap- the Senate as auctioneer any person who shall not have set- 
 point no auc- 
 tioneer whose tied in full at the treasury office for all amounts due from 
 
 accounts are "^ 
 
 unsettled. j^jjj^ qj^ accouut of auctiou duties. 
 
 1873, c. 249, 8. 40. If any auctioneer shall be guilty of any fraud or deceit 
 
 Fraud or deceit, in the discharge of the duties of his office, or shall elude or 
 defeat any provisions of this law, for a violation of which no 
 penalties are therein specially prescribed, he shall be guilty 
 of a misdemeanor, and subject to presentment and indict- 
 ment in the Criminal Court of Baltimore, and on conviction 
 
 Penalty. thereof, shall be fined in a sum not exceeding one thousand 
 
 dollars, nor less than one hundred dollars for every such of- 
 fence ; and if any auctioneer shall pay, or cause to be paid, di- 
 rectly or indirectly, to any trustee, attorney, executor or ad- 
 ministrator, selling real estate or property of any kind under 
 any order of any court, or under any power of attorney, any 
 
 Dividing fee or portiou of the fcc [orl commissions received or receivable bv 
 
 commissions, "^ 
 
 rtiorney,'&c.' ^^^> ^^^ charged by him, in his account for making any 
 sale of such real estate or property for such trustee, attor- 
 ney, 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 exceedinff 
 two hundred dollars, nor less than fifty dollars, for every 
 such offence ; and such trustee, attorney, executor or ad- 
 ministrator receiving or retaining such portion of such fee 
 or commissions, and not accounting for it to the proper par- 
 ?rusVee*or°a't- ^^®''^' ^^^^^ ^® Hablc in a suit on his bond for double the 
 to'-n^y-: amount so received or retained by him, to the cestui qui trust, 
 
 the principal, or to any person interested in the estate which 
 he represents. 
 
 fec^i2^' "*■ *' ^"^^ ^^ ^^ person shall, within seven days after any such 
 Prosecution, offcnce shall be committed, prosecute for the penalties im- 
 posed by this law, the treasurer, upon information thereof 
 
Auctions. 105 
 
 Article VI. — Statutes. 
 
 having come to his knowledge, shall direct the State's attor- 
 ney for the city of Baltimore to prosecute for the same ; and Penalties re- 
 the penalties when recovered 'shall be paid into the treasury 
 for the use of the State. 
 
 42. If any person shall wilfully swear falsely touching iwd, sec. 126. 
 any matter hereinbefore required to be verified by oath, he Perjury. 
 shall suffer the pains and penalties which by law are pre- 
 scribed for wilful and corrupt perjury, and if an auctioneer, penalty. 
 shall forfeit his office. 
 
 43. The proceeds of such auction duties to the amount of 1872, c. 249, s. 
 
 ^ _ 127. 
 
 twenty thousand dollars shall be paid over by the Comp- Disposition of 
 
 . ^ ^ proceeds of 
 
 troller of Baltimore City, as the same shall be received by auction duties. 
 
 him, to the Mayor and City Council of Baltimore, to be by 
 
 said Mayor and Citv Council annually appropriated to the Deepening and 
 
 •' " A I i improving 
 
 purpose of deepening and improving a channel in the Chesa- ^^J^^^^'*"** 
 peake bay and Patapsco river, and the Harbor of the city 
 of Baltimore.* 
 
 44. It shall be the duty of the Mayor and City Council of i872,c.a49,s. 
 Baltimore, on or before the fifteenth day of September in Mayor and city 
 
 ' "^ ^ Council to ac- 
 
 each year, to report to the Comptroller of the State a fair ^t,"^"^'* to^sute 
 and a strict account of their disbursement of the fund arising Jep'JJr't'fo'Gen" 
 
 , , , , 1 eral Assembly. 
 
 from said auction duties, as, and to the amount the same are 
 appropriated in the last preceding section, in relation to tlie 
 deepening and improving said channel, Patapsco river and 
 Baltimore City Harbor, and the said Comptroller shall report 
 the same to the General Assembly. 
 
 45. If the net proceeds of said auction duties shall exceed 1872, c. 249, s. 
 the sum of twenty thousand dollars, the excess of said duties Excess over^ 
 above that sum shall, for each and every year that they shall g^^'^/e'asurer. 
 exceed that sum, be paid over by the Comptroller of the City 
 
 of Baltimore to the Treasurer of the State ; and in case of 
 
 * See section 2, ordinances of Art. XXII-Harbor, Docks and Wharves. 
 
100 Auctions. 
 
 Article VI. — Ordinances. 
 
 City comptroi- sucli 6X0688 as af'oresaid, the Comptroller of the City of Bal- 
 
 ler to account *^ 
 
 com^foTiM tiraore shall also render to the Comptroller of the State a 
 brief statement or account, showing the amounts received 
 by him on account of auction duties, the amount paid the 
 Mayor and City Council of Baltimore, under section one 
 hundred twenty-seven of this law, (sec, 43 of this Article,) 
 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. 
 
 p. L. L., art. 4, 46. The provisions of the three preceding sections shall 
 Proviso. not have any effect if the City of Baltimore, by ordinance 
 
 or otherwise, 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 
 Wharfage. of any vessel trading within the limits of this State other 
 than the regular wharfage chargeable on such vessel. 
 
 Ibid, sec. 131. 47. Nothing herein contained shall prohibit the sale of 
 Who may sell leather, iron or tobacco, by the person who manufactured 
 
 without license. 
 
 the same, without the license herein required. 
 
 ORDINANCES . 
 
 No.8,s. i4,R.o. 1. The Kegister shall, on or before the fifteenth day of 
 Register to ac September in each and every year, furnish to the Comptrol- 
 
 count to Comp- i /• i ci ^ 
 
 troiier of State, ler ot the State a fair and distinct account of the disburse- 
 ments in relation to the deepening and improvement of the 
 channel in Chesapeake bay and Patapsco river and the har- 
 bor of the City of Baltimore. 
 
 No 33, s. 36, 2. It shall not be lawful to expose or ofi'er for sale at 
 Holding auc- puDuc auctiou or Otherwise, any goods, wares or merchan- 
 
 tions in street > j a i 
 
 mi88io"n?^'" ^^® *^° ^^^ ^^ *^® public streets, lanes or alleys in the city, 
 
Auctions. 107 
 
 Article VI.— Ordinances. 
 
 unless permission be first obtained from the Mayor, under a 
 
 penalty of twenty dollars ibr each and every offence-; and penalty. 
 
 the Mayor is hereby authorized to grant a permit to make 
 
 sales of goods, wares and merchandise at public auction or 
 
 otherwise on any of the streets, lanes or alleys in the city, 
 
 when in his opinion and iudgment such permission will not when Mayor 
 
 ' i> o I ^ Pj^y ^raut per- 
 
 interfere with the free travel and use tliereof, and will not »»''• 
 be in any respect injurious to the city or inhabitants thereof. 
 
 '^'I 
 
 Note. — Decisions by Brown, 0. J., in City Court : 
 
 In tlie case of Henry Linker v. WoodmUe & Nonnan, auctioneers, March, 
 1874, goods had been sold and duly charged by the clerk of the auctioneers. 
 The purchaser subsequently refused to take the goods, which were stored 
 for him. The auctioneers paid tlie owner of the goods for them, and brought 
 suit against the purchaser. Tlie defendant objected that the auctioneers had 
 no right to bring the action, and that the entry made by the clerk was not 
 sufficient to bind the purchaser: Held, that the auctioneers had an interest 
 in the goods for their commissions ; that that interest was not lessened by 
 the payment of the value of the goods to the owner, and that the clerk in 
 an open sale by auction was acting for both the vendor and purchaser, and 
 his entry was sufficient to bind the purchaser. Ijams v. Hoffman, 1 Md. 436. 
 
 Orotjan & MitclieU v. Enw-ick, February, 1874. The plaintiffs were auc- 
 tioneers and sold by catalogues on which were printed the terms; among 
 others that the catalogues were made from invoices and that plaintiffs 
 were not responsible for the correctness of tlie dsscriptwns. The defend- 
 ant bought six dozen gloves, but plaintiffs had only received one dozen, 
 which they delivered, and so of some other articles. The bill was made out 
 according to the sale, but the goods were delivered as the plaintiffs had re- 
 ceived them, and corrections in pencil were made on bill on day of sale, on 
 delivery of goods and bill. Afterwards a correct bill was made out. 
 Defendant claimed damages for articles not delivered. Held that: the 
 printed conditions were part of the contract of sale ; that defendant must 
 pay for what he got, and could not claim damages for what he did not get. 
 
108 
 
 Buildings. 
 
 Article VII. 
 
 ARTICLE VII. 
 
 BUILDINGS 
 
 STATUTES 
 
 1. Wooden buildings. I 3. 
 
 2. Party walls and partition fences. | 4. 
 
 Steps, porticos, bulk windows. 
 Bricks. 
 
 ORDINANCES 
 
 1. Wooden or frame buildings pro- 
 
 hibited. 
 
 2. Buildings regulated. 
 
 3. Wooden buildings not to be re- 
 
 moved without permission. 
 
 4. Wooden sheds for carpenters 
 
 regulated: proviso. 
 
 5. Frame privies and bath houses. 
 
 6. Wooden or frame buildings not 
 
 to be enlarged. 
 
 7. Penalty. 
 
 8. Building of brick and stone 
 
 houses regulated. 
 
 9. Ordinance, how to be construed. 
 
 10. Provision to apply when new 
 
 roofed: penalty. 
 
 1 1 . Lamps attached to wooden build- 
 
 ings regulated. 
 
 12. Penalty for injuring houses, &c. 
 
 13. For injuring places of worship, 
 
 tombstones, &c. 
 
 14. Builder's privileges : penalty : 
 
 more than one-third of streets 
 not to be occupied without 
 permission of Mayor. 
 
 15. May enclose the fronts of houses. 
 
 16. Slate and other roofs regulated : 
 
 repairs to same regulated: 
 snow and ice : penalty. 
 
 17. 
 
 18. 
 
 19. 
 
 20. 
 
 21. 
 
 22. 
 
 23. 
 
 24. 
 25. 
 
 Steps, porches and porticos reg- 
 ulated : penalty : how to apply. 
 
 Destroying bills posted for ad- 
 vertisement. 
 
 Penalty: consent of owners of 
 property : bills to be dated. 
 
 INSPECTOR OP BUILDINGS. 
 
 Appointment of Inspector of 
 Public Buildings: salary: clerk 
 to Inspector : duties : salary of 
 clerk. 
 
 Dangerous wall or building to 
 be taken down : Inspector to 
 give notice in writing : expen- 
 .ses: report to Mayor: pay- 
 ment by Register. 
 
 Numbering of houses : proviso : 
 expense of number plate to be 
 paid by owner or occupant of 
 premises: privilege. 
 
 When Inspector to contract for 
 construction and repairs of city 
 buildings: exception. 
 
 When Register to pay. 
 
 Advertising for proposals to con- 
 struct or repair : record of pro- 
 posals to be kept: access to 
 record. 
 
Buildings. 
 
 109 
 
 Article VII. — Statutes. 
 
 26. When Inspector to grant per- 
 
 mits for steam boilers, steam 
 engines, to erect frame sheds, 
 bay windows, signs, &c.: pro- 
 viso : permit Irom Mayor : pen- 
 alties. 
 
 27. Written application to be made : 
 
 notice of application : to con- 
 sider application: when to be 
 granted : cost of permits : ex- 
 ception. 
 
 28. Bay windows : how to be con- 
 
 structed. 
 
 29. Cost of permits to erect bay win- 
 
 dows. 
 
 30. Permits may be revoked : remo- 
 
 val on notice from Mayor : fine. 
 
 31. Penalty for erecting frame shed 
 
 larger than permitted. 
 
 32. Spouting and gutters : notice: pe- 
 
 nalty : gutter and down spouts 
 to awnings. 
 
 33. Notice: penalty. 
 
 34. Lettered flaps on awnings: let- 
 
 tering posts or tree boxes. 
 
 35. Penthouses and awnings regu- 
 
 lated : penalty. 
 
 36. 
 
 37. 
 
 38. 
 
 39. 
 40. 
 
 Sign posts, figures or devices: 
 provisos : fines : when inn- 
 keeper exempted. 
 
 How hoistways to be enclosed : 
 penalty. 
 
 Inspector of Buildings to give no- 
 tice to owners or occupants of 
 buildings. 
 
 Construction of hoistways. 
 
 City Commissioner and Inspector 
 of Buildings to have lightning 
 rods placed on public build- 
 ings. 
 
 PARTY WALLS AND PARTITION 
 FENCES. 
 
 41. Use of party walls, &c.: provisos. 
 
 42. Inspector of Buildings to regu- 
 
 late party or partition walls or 
 fences : return to Register : no- 
 tice. 
 
 43. Evidence : to be certified to Re- 
 
 gister: fees. 
 
 44. Thickness of party or partition 
 
 walls: proviso. 
 
 45. Duty of Inspector of Buildings : 
 
 penalty. 
 
 STATUTES. 
 
 1. The Mayor and City Council may direct in what part i\ l.j... art. 4, 
 of the city buildings of wood shall not be erected. Jgodenbuiid- 
 
 2. They have power to regulate party walls and partition ^'J* »«';j,8^23j^^ 
 
 /• partition fences. 
 
 3. They shall have power to pass ordinances regulating ibid, sec. 864. 
 the limits within which it shall be lawful to erect steps, por- steps, porticos, 
 
 bulk windows, 
 
 ticos, bulk windows, or other architectural ornaments to &c. 
 houses fronting on any of the streets, lanes or alleys of said 
 city. 
 
 4. They may regulate and establish the size of bricks that ^bid.^'ec-aia^ 
 are to be used in the houses to be built in said city. 
 
1 10 Buildings. 
 
 Article VII. — Ordinances. 
 
 ORDINANCES . 
 
 No.35,s.i,R.o. 1. It shall not be lawful for any person or persons to erect 
 Wooden or or build, or cause to be erected or built, any wooden or 
 
 frame buildings .. .,. it- ^t 
 
 prohibited. frame building within the limits oi direct taxation, except 
 such as shall be permitted to be erected under the provisions 
 of this ordinance, 
 ibid.s.a. 2. No building shall be erected or put up having more 
 
 Buildings regu- wood ou the outsidc of the building than is required for 
 door and window^ frames, roof, eaves, cornices, doors, shut- 
 ters, sash, porticos and wooden steps to the first floor above 
 the ground, or which shall have frames or posts sunk in the 
 earth, or placed upon any other material, for the purpose of 
 covering the exterior thereof by lathing and plastering the 
 same, and buildings so erected shall be deemed wooden or 
 frame buildings. 
 
 Ibid, 8. 3. 3. No person shall remove any wooden building from one 
 
 Wooden build- placc witliiu suid limits to auotlicr without the permission 
 
 ings not '^ be ^ ru- '\ ^ i /• i 
 
 removed with- 01 the Mnvor and City Council, and the consent of the 
 
 out permission. 
 
 owners of the adjoining lots first had and obtained. 
 Ibid, 8. 4. 4. Whenever any owner oT any lot of ground is desirous 
 
 Wooden sheds of improviug the same by the erection of a new building or 
 
 for carpenters . . . 
 
 regulated. buildiugs thcrcou, the Mayor may, in his discretion, permit 
 the owner of such lot to put up a wooden shed on the same 
 or a neighboring lot, for the use of the carpenters employed 
 
 Proviso. on said building while preparing their work-; provided, 
 
 however, that.such permission shall not extend to a longer 
 time than until the building proposed to be erected shall be 
 roofed in and the floors laid, at which time the owner or 
 owners of the lot on which such shed has been put up shall 
 cause it to be taken down and removed. 
 
 Ibid, s. 5. 5. Nothing contained in this ordinance shall be construed 
 
 Frame privies to prohibit the crcction of frame privies, not more than one 
 
 and bath . _ r > 
 
 houses. story in height, and not exceeding five feet square, nor shall 
 
Buildings. m 
 
 Article VII.— Ordinances. 
 
 anything herein contained be construed to embrace or ex- 
 tend to any bath house that may be constructed in such 
 manner as to project over the yard from the second or other 
 upper story of the house to which it may be attached. 
 
 6. It shall not be lawful for any person or persons to en- iwd, s.e. 
 large, or cause to be enlarged, any wooden or frame building wooden or 
 
 n I'll •I'll'- /. i» . frame buildings 
 
 or any kind whatever, within the limits oi direct taxation, nottob«en- 
 
 ' Urged. 
 
 by elevating or causing to be elevated tlie height of the 
 same or otherwise. 
 
 7. Any person or persons who shall violate any provision iwd.s. 7, 
 of any preceding section of this ordinance shall forfeit and penalty, 
 pay a fine of ten dollars, and a further sum of five dollar? 
 
 for each and every day such violation shall continue. 
 
 8. Every building which shall hereafter be erected within ibid.s. 8. 
 the city, as well as every buildinj; that shall be newly roofed Building of 
 or covered, of brick or stone, or of both, shall be constructed houses reguia- 
 
 ' ' ' ted. 
 
 with side walls or party walls, of brick or stone, or of both, 
 at least four inches thick ; and such side walls or party walls 
 shall extend from the foundation to the top of and through 
 the roof of the said building, and be covered with slate or 
 metal, and shall be so constructed as to separate all wood 
 work thoroughly and completely of the interior and exterior 
 of such building from all and every part of the interior and 
 exterior of any adjoining building, and every such side wall 
 or party wall shall moreover pass through the roof of the 
 building to which it may appertain, in such manner as to 
 break entiiely any communication of wood whatever between 
 such roof and any other, under a penalty of twenfy dollars Penalty. 
 for each offence, and also the further sum of ten dollars for 
 each and every month thereafter until the provisions of this 
 section be complied with. 
 
112 Buildings. 
 
 Article VII. — Ordinances. 
 
 ibid,s.9. 9, Every building within the city, of brick or stone, or of 
 
 Ordinance ; how both, which shall bc SO far advanced towards completion that 
 
 to be construed. 
 
 the roof shall have been put thereon, shall be deemed and 
 taken to be a building erected within the meaning of this 
 ordinance. 
 
 Ibid, s. 10. 10. Whenever any building of brick or stone, or of both _, 
 
 Provisions to already erected within the city, sliall be newly roofed or 
 
 apply when 
 
 newly roofed, covcred, such buildiug shall be made to conform to the pro- 
 
 Penaity. visious of this Ordinance, under a penalty of twenty dollars 
 
 for each offence, and also the further sum of ten dollars for 
 
 each and every month thereafter, until the provisions of this 
 
 ordinance shall be complied with. 
 
 Ibid, 8. 11. 11. No person or persons shall be permitted to hang or 
 
 Lamps attached placc any lamp or light on the outside of any wooden build- 
 biuidings regu- ing, uulcss such lamp be made of such materials as will 
 prevent any liability to fire, and placed at the distance of 
 two feet six inches from such wooden building ; and any 
 . person or persons oifending against the provisions of this 
 section shall forfeit and pay a sum not exceeding five dollars 
 for every such offence, and five dollars per day for every day 
 they shall permit such lamp to remain. 
 
 lated. 
 
 No. .13, s. 20, 12. If any person shall wilfully and maliciously injure or 
 
 Penalty for in- dcfacc any housc * or premises within the city, or any fence 
 
 jiiring houses, 
 
 '*c. or enclosure, or any other appurtenances belonging thereto, 
 
 such person shall, for each and every such offence, forfeit 
 and pay not less than ten nor more than twenty dollars, and 
 shall, moreover, be liable to pay all expenses of repairing 
 the said injury or injuries. 
 
 • See acts of 1868, c. 56, and 1867, c. 135. 
 
Buildings. 5^3 
 
 Article VII.— Ordinances. 
 
 13. If any person shall injure or deface any house of pub- ibid. s. 49. 
 lie worHhi{) * or the appurtenances belonging to the same, or Penalty tor m- 
 any tombstone or grave, or the enclosure or fencing around Cm"fip,'tomb°/ 
 th^ same, within the city, such person shall, for each and """*'' 
 every offence, forfeit and pay the sura of twenty dollars. 
 
 14. It shall and may be lawful for any person employed no.33,s, 9, 
 in building or repairing any house to occupy one-third part Builder's priv- 
 of any street, lane or alley of the city, clear of the footways "^^*' 
 
 in front of any lot on which such buildings are being erected 
 or repaired, with the materials necessarily used in erecting 
 and repairing such buildings, until the same be covered or 
 repaired, and sixty days thereafter, and no longer, nnder 
 the penalty of forfeiting one dollar for each and every day Peimity. 
 the same shall be suffered to remain thereafter ; also, to use 
 and occupy one-third part of such street, lane or alley in 
 front of such lot with plastering mortar and other materials 
 necessary for plastering such house or building, for ninety 
 days, and no longer, under a penalty of one dollar for each 
 and every day the same shall be suffered to remain there- 
 after ; and if any person or persons shall occupy more than More than one- 
 
 third of street 
 
 one-thud of the width of any street, lane or alley without nottobeoccu- 
 
 •' ' •" pied without 
 
 permission of the Mayor, he, she, or they shall be subject vj'^">^^f»«'"°' 
 to a fine of not less than one nor more than five dollars, for 
 each and every day the same shall be suffered to remain. 
 
 * 1867, c. 135, enacts that if any person unlawfully and maliciously shall 
 disfigure, cut, injure or damage any church, house of worship, its pews, 
 seats, walls, windows, shutters, trees, tombstones, fencing, inclosures, or other 
 property in or belonging thereto, or any parsonage, its furniture, trees, fenc- 
 ing, or inclosures near and belonging to the same, he shall, on conviction 
 before a justice of the peace or the circuit court of the county or city where 
 the said property may be situate, be deemed guilty of a misdemeanor, and 
 fined in the discretion of the said justice or court, in a sum of money not 
 less than three dollars nor more than fifty dollars for any one offence, and 
 shall stand committed to the public jail of the county or city till the fine 
 and fees shall be paid. 
 
114 Buildings, 
 
 Article VII. — Ordinances. 
 
 Ibid, s. 10. 15. It shall and may be lawful for any person employed 
 
 May enclose the in buildinff 01' repairing any house to enclose the front part 
 
 fronts ofhouse.s o l o ^ j I 
 
 Proviso. thereof, provided, the said enclosure does not project more 
 
 than four and a-half feet on the footway, or remain more 
 than sixty days a**ter the house is covered, without the per- 
 mission of the Cit}^ Commissioner ; and any person offend- 
 ing against the provisions of this section shall he subject to 
 a penalty of five dollars for each and every day the said 
 enclosure shall remain. 
 
 Ibid, 8. 33. 16. All buildings hereafter erected, fronting on any pub- 
 
 sute and other lic strcet, lane or alley in the city, which shall be covered 
 
 roofs regul.ited. 
 
 with tile, slate, zinc, tin or copper, shall have inserted in 
 the rafters, near the eaves, iron pins, not more than twelve 
 inches apart, and not less than four inches in length, above 
 the top of the roof, with scantling or iron bars on the pins, 
 so that the water may be permitted to run under^ and the 
 Snow and ice. falling of suow or icc pi'eventcd ; and all houses hereafter 
 EeDairstosame to be rei)aired, and which shall be covered with tile, slate, 
 
 regulated. _ ' ' . ' ' 
 
 zinc, tin or copper, shall be finished in the same manner ; 
 every person or persons offending against the provisions of 
 Penalty. t^ig scction shall forfeit and pay a fine of twenty dollars, 
 
 and the further sum of ten dollars for each and every month 
 thereafter, until the provisions hereof shall be complied 
 with. 
 
 No. 36, May 5, 17. It shall iiot bc lawful for any })erson or persons or 
 No. 74, June 15, }jody corporate to erect or build on any of the streets or 
 steps, porches, alleys in the city of Baltimore any sfeps, i>orch or portico 
 
 and porticos ' "^ ./ x ' i i 
 
 regulated. that shall eucroach on or project over said streets or alleys 
 to the extent of more than one-third the width of the foot 
 pavement of said streets or alleys from the building line of 
 said streets or alleys, and any person or persons or body 
 corporate offending against this ordinance shall lorfeit and 
 
 Penalty. pay thc sum of ten dollars, and one dollar in addition for 
 
Buildings. 115 
 
 Article VII. — Ordinances. 
 
 each and every day the said obstruction shall remain there- 
 after, and if said steps or obstructions are not removed after 
 thirty days' notice given by the City Commissioner, then 
 the said commissioner shall proceed to remove the same at 
 the cost and charge of the party or parties or body corporate 
 so offending. 
 
 18. It shall not be lawfu-1 for any person or persons to no. 2>, May 12, 
 destroy, tear or otherwise deface any bill posted for advertise- Destroying bius 
 
 ,.,. iiri •11 •! posted for ail- 
 
 ment which it may be lawful to post, either by posting other venisement. 
 
 bills over the same or otherwise, at any time within one 
 
 week from the time when sucli bill shall have been posted. 
 
 19. Anv person or persons who shall violate any of the ibu, s. 2. 
 
 provisions of the aforegoing section shall forfeit and pay for penalty. 
 
 each and every offence the sum of two dollars, provided, Proviso. 
 
 that nothing contained in the aforegoing section shall be 
 
 construed to permit any person or persons to post bills of 
 
 any kind, unless the same is done with the consent of the consent of own- 
 ers ol property. 
 
 owners or occupants of property where said bills are proposed 
 
 to be posted. All bills posted under the provisions of this Bins to be 
 
 '■ ^ ^ dated. 
 
 and the preceding section, shall bear the date of the month 
 in which said bill is posted. 
 
 INSPECTOR OF BUILDINGS. 
 
 20. There shall be annually appointed, as other city offi- no.st, June 10, 
 cers are appointed, an Inspector of Public Buildings, who Appointment of 
 
 '■'■''■ _ Inspeclor ol 
 
 shall be an experienced builder or mechanic, who shall receive public Buiid- 
 a salary of two thousand dollars per annum ; and the said salary of in- 
 
 •' ^ . spector. 
 
 Inspector of Buildings shall appoint a clerk, whose duty it cierk to inspec- 
 shall be to keep a record of the proceedings of the said In- Duties. 
 spector, in a book to be provided for that purpose, and shall 
 perform all such duties as may be required of him by the 
 said Inspector, and shall receive a salary of one thousand salary of cierk. 
 dollars per annum. 
 
116 
 
 Buildings. 
 
 Article VII. — Ordinances. 
 
 21. If any wall or building shall, from any cause what- 
 ever, be in a situation to be dangerous to persons or property, 
 the Inspector of Buildings shall immediately give notice in 
 writing to the owner or owners of such wall or building, or 
 to his, her or their agents, if said owner or agent can be 
 found, to cause the same to be taken down, and if the same 
 shall not be taken down in twelve hours after such notice 
 given, the Inspector of Buildings shall, with the approbation 
 of the Mayor, cause the same to be properly taken down at 
 the expense of the owner or owners ; and shall report the 
 amount and items of such expense to the Mayor, which shall 
 be paid by the Register out of any unappropriated money in 
 the treasury ; and it shall be the duty of the Mayor to recover 
 the same by all lawful ways and means in his power. 
 
 22. It shall be the further duty of the Inspector of Build- 
 ings, when an error or irregularity exists in the numbering 
 of houses, or when they are without numbers, in any street, 
 lane or alley in the city of Baltimore, to have the same cor- 
 rected or numbered without unnecessary dela}^, as soon as 
 the facts are brought to his notice ; provided, that the ex- 
 pense of each number plate required to be furnished as afo re- 
 Expense of said shall not exceed the sum of twenty-five cents, the 
 
 number plate to i • i i i 
 
 be paid by own- expcusc to be paid by the owner or occupier of the premises ; 
 
 er or occupant ± i. ^ i. x p 
 
 of premises. g^j^jj g^j^y owucr or occupicr shall have the privilege of replac- 
 Priviiege. mg any number plate so furnished with another, provided 
 the same number be retained. 
 
 Ibid, 8. 9. 
 
 Dangerous 
 walls or build- 
 
 Inspector to 
 give notice in 
 writing. 
 
 When taken 
 down at the 
 owner's ex- 
 pense. 
 
 Inspector to re- 
 port to Mayor ; 
 expense to be 
 paid by Regis- 
 ter. 
 
 Ibid, 3. 3. 
 
 Numbering of 
 houses. 
 
 Proviso. 
 
 Ibid, 9.4. 23. The Inspector of Buildings, with the approbation of 
 
 When Inspector the May Or, aud except where by ordinance it shall be other- 
 
 to make con- . • i i i 
 
 tracts for con- wisc provided, shall make all contracts for the construction 
 
 struction and 
 
 fflingi"'^ and repair of all city buildings, (except what appertains to the 
 
 Exception. department of the Water Board and Harbor Board), and the 
 
 repairs of all buildings belonging to the city shall be under 
 
 the direction and control of the Inspector of Buildings ; and 
 
Buildings. 117 
 
 Article VII. — Ordinances. 
 
 should any building require repairing, it shall be his duty, 
 with the approval of the Mayor, to have the same done in 
 such manner as he may deem best for the interest of the city. 
 
 24 The Register is hereby authorized and directed toibid, s. 5. 
 pay, upon the order of the Inspector of Buildings, approved when Register 
 by the Mayor, for any work done by virtue of the preceding °^*^* 
 section. 
 
 25. When the Inspector of Buildings shall advertise for ibid, s. 6. 
 i)ropo8als to construct new buildings or repair any old build- AdTertising for 
 
 proposals to 
 
 ings, or other city property, he is hereby directed to have constructor re- 
 entered in a book, kept expressly for that purpose, all pro- Record of pro- 
 posals received, the amount of each bid or oflfer made, together kept, 
 with the name of the bondsman in each case offered as se- 
 curity for the faithful performance of said contract, whicti 
 record shall only be accessible to those persons who have Access to re- 
 submitted proposals as above provided, to members of the 
 City Council and to the Mayor. 
 
 '2(i. The Inspector of Buildings, with the Mayor's ap-ibid,s.7. 
 proval, is hereby authorized and empowered to grant awheninspec- 
 
 X ' •' * tor to grant per- 
 
 permit to any person or persons applying to place a steam ™j^fj°'„f«*^^ 
 boiler or steam engine and boiler in his, lier or their premises, ^°g>n««- 
 or to erect any frame shed, bay-window, telegraph or other To^ere«n;ame^ 
 poles, signs, sign-post, awning flap, or other structures, the dows.'signs.&c. 
 erection of which is prohibited by existing ordinances, or to 
 place upon the canvas overhanging the sides and eaves of 
 awning frames, such figures and devices as may indicate the 
 particular business conducted by the applicants for said per- 
 mission ; provided, the person or persons applying for the Proviso. 
 same shall comply with the provisions of this ordinance ; 
 and any person or persons placing upon his, her or their 
 premises any of the appliances enumerated in this section, 
 except steam boilers, without having first obtained a permit P-mUfrom 
 for the same from the Mayor, shall forfeit and pay, for every 
 
118 Buildings. 
 
 Article VII. — Ordinances. 
 
 Penalties. day the same shall remain thereon, the sum of five dollars ; 
 and in case of the violation of this section by the erection 
 of a steam boiler, shall forfeit and pay a fine of ten dollars 
 per day for each and every day the same shall remain without 
 permit. 
 
 27. Before any such permit shall be granted, a written 
 
 Ibid, 8. 8. 
 
 No. 63, June 38, 
 
 '*■ application shall be made to the Inspector of Buildings bv 
 
 Written appli- ^ ^^ _ ^ b ^ 
 
 made" '" ^^ ^^^ pcrsou or persous desiring the same, with a statement of 
 the privilege desired ; if a frame shed, its desired location 
 and dimensions, with the name of the street, lane or alley, 
 and the number of the house within or in the rear of which 
 it is to be erected ; if either of the other privileges embraced 
 in the preceding section of this ordinance, a full description 
 of the premises in or on which it is to be placed, used or 
 attached. And the Inspector of Buildings shall require the 
 person or persons making said application to have inserted at 
 his, her or their own expense, in one or two of the daily papers 
 Notice of appli- to bc by him designated, lor at least three days, a notice of 
 said application, in which he shall name a day and hour on 
 which he will be in his office, to hear and determine whether 
 said applications should or should not be granted ; and 
 To consider ap - should it appear, from personal examinatiun by the said In- 
 picaion. specter of Buildings, that the same should be granted, and 
 When to be thcrc being no serious objection filed against granting the 
 privilege asked for, and the said person or persons applying 
 shall pay to the Inspector of Buildings, for the use of the 
 city, for each permit to place on his, her or their premises a 
 Cost of permits stcam boilcr, or' steam engine and boiler, the sum of ten 
 dollars for each steam boiler, or steam engine and boiler, 
 not exceeding ten-horse power, and the sum of fifteen dollars 
 if exceeding ten-horse power ; for frame sheds, one cent for 
 each square foot of surface occupied by said shed ; and for 
 any other of the privileges enumerated in the preceding sec- 
 Exception, tion of this ordinance, excepting bay-windows and awning 
 
Buildings. 119 
 
 Article VII.— Ordinances. 
 
 frames, the sum of two dollars eacli. No charge shall be 
 made for permits granted to any one for the erection of awn- 
 ing frames. 
 
 28. No permit shall be granted to construct a bay-window, iwd, s. g. 
 except on condition that the heiglit of the lowest part there- Bay windows, 
 of shall be at least .eight feet above the footway, unless it is 
 proposed to construct the same with the base beginning at 
 
 the pavement ; nor shall it project more than one-fif- how to be con- 
 
 ,,.,,, . structed. 
 
 teenth part ot tlie widtli of any street, nor in any case more 
 than four feet four inches beyond the building line; nor shall 
 any bay-window have a greater length than twelve feet ; and 
 if the same shall be erected at the side of a house, it shall 
 not be less than ten feet from the building line of the street 
 on which the house sliall front. , 
 
 29. For each permit to erect a bay-window, when the ibid.s. i». 
 same shall commence at the pavement, the applicant shall cost of permit 
 
 .to erect bay 
 
 pay the sum of one hundred dollars ; and for each permit to windows. 
 construct a bay-window, whose base shall be eight feet or 
 more above the pavement, as hereinbefore provided, the ap- 
 plicant shall pay the sum of ten dollars for each story. 
 
 30. All permits gi-anted for the erection of frame slieds, ibid,s. n. 
 telegraph and other poles, sign-posts, signs, awning-ilaps, ptn-Dj^its maybe 
 figures, and other structures, except bay-windows, may be 
 revoked, and the same sliall be removed after sixty days' 
 
 notice by the Mayor ; and all permits granted for steam Rj^^^^^^i^'' 
 boilers and steam engines and boilers may be revoked, and M»yor. 
 the same shall be removed after six months'* notice by the 
 
 *The appellee was tenant and occupant of premises situate on McCiel- 
 lan's alley in Baltimore, where he carried on the box-making business, and 
 in 1866 he applied to the Mayor and City Council for permission, which was 
 granted, to erect and use a steam engine on tlie premises, for the purposes ot 
 his business. The resolution provided that the engine was to be removed 
 after six months' notice to that effect from the Mayor. In 1873 the Mayor 
 gave the notice, which the appellee refused to obey. The City thereupon 
 began legal proceedings to compel the removal of the engine; on these pro- 
 
120 Buildings. 
 
 Article VII. — Ordinances. 
 
 Mayor ; and any person or persons receiving such notice, 
 who shall refuse or neglect to conform to the requirements 
 Fine. of the Same, shall pay a fine not exceeding one hundred 
 
 dollars, and a further fine not exceeding fift}^ dollars for 
 every day such refusal or neglect shall continue from the 
 first. , 
 
 Ibid, s. 1-2. 31. If any person or persons shall erect any frame shed 
 
 Penalty fur of larger dimcusions than for which a permit may have been 
 
 erecting shrd 
 
 lai-Ker than pel- granted, he, she, or they shall he subject to a penalty of 
 twenty-five cents per square foot, for each square foot in ex- 
 cess of the number granted, to be recovered as other fines 
 and forfeitures are recoverable. 
 
 No. 17. April v?5, 32. The Inspector of Buildings is hereby authorized and 
 
 '74. 
 
 Spouting and directed to compel all persons owning property, or agents of 
 
 gutters. 
 
 the same, to put up proper spouting and gutters to all build- 
 ings claimed by them within the city limits, and to keep the 
 same in proper repair, so as not to allow the water to leak 
 from or flow over the gutters to the pavement below ; and 
 
 Notice. for any violation of the provisions of this section, after ten 
 
 days' notice from the Inspector of Buildings, the person or 
 
 Penalty. persous SO ofifending shall forfeit and pay a penalty of ten 
 
 dollars ; said fine to be collected as other fines are recovera- 
 
 ceedings a perpetual injunction was laid, and the city appealed. Held by 
 the Court ctf Appeals, June 38, 1878: that, it was inconsistent for the 
 city to pass an ordinance to allow a nuisance to remain six months after the 
 Mayor had determined it to be such; that a stationary steam engine is not 
 in itself a nuisance even if erected and used in the midst of a populous city, 
 unless it interfere with the safety or convenience of the public in the use of 
 the streets ; that there is no proof of this, nor was the engine used in any 
 business that the law pronounces offensive or noxious ; and that, in fact, the 
 (jnly reasons given for the attempted removal of the engine are its liability 
 to explode and the necessary proximity of the fire of its boiler to combusti- 
 ble materials, the danger of fires, the additional insurance risks required on 
 neighboring property, and the fears of neighboring owners. The court held 
 these not to be legal reasons for its removal, and affirmed the decree below, 
 laying the perpetual injunction. Mayor, &c. v. Radecke. 
 
Buildings. 121 
 
 Article VII. — Ordinances. 
 
 ble, and the owners of all permanent and stationary awn- Gutters and 
 
 .J 11 . 1. 111 down spouting 
 
 ings over sidewalks, not extending over the kerbstone, are '" a^mngs. 
 hereby required to have jitter and down spouts placed to 
 them to carry the water to the gutter of the streets. 
 
 33. If any ])er8on or persons having such awnings (as no-,'^. Apni 
 described in the preceding section) in use, or if those who Notice. 
 may hereafter erect such awnings, shall fail to comply with 
 
 the provisions of the preceding section, on reasonable notice 
 from the Inspector of Buildings, said person or persons shall 
 forfeit and pay a penalty of one dollar for each day he, she. Penalty, 
 or they may refuse or neglect, after said notice, to have such 
 gutters and down sj)out8 placed as herein described ; said 
 fines to be collected as other fines are recoverable. 
 
 34. Permission is granted to any proprietor or proprie- Res. no. si i, 
 tors of any business place in this city to put up lettered flaps Lettered flaps 
 
 _ _ on awnings 
 
 on awnings, and to letter any posts or tree-boxes in front of Lettering posts 
 
 , or tree boxes. 
 
 their premises, with the condition that the awning-flaps shall 
 be at least eight feet from the pavement, and shall be re- 
 moved at thirty days' notice from the Mayor. 
 
 35. No person or persons shall set up any pent-house, no. sa.s. i6,r. 
 shed or wooden awning, in any of the streets, lanes or alleys Pent houses 
 
 '-' _ and awnings 
 
 of the city, or shall set up or fix an awning of canvas, linen reguuted. 
 or other cloth, the railing of which shall not be at least eight 
 feet from the pavement, under a penalty of five dollars, and Penalty. 
 one dollar per day until the same is removed. 
 
 36. It shall be unlawful for any person or persons to set no 13, Mar. 12, 
 up or suspend over or into any street, lane or alley ot the signposts. fig- 
 
 r r ,/ ' yygy (,,. devices. 
 
 city, any sign post, sign, figure or device whatever, more 
 than two feet from the side of said street, lane or alley, and 
 one foot additional for each story above the first from which 
 the same may be set up or suspended ; provided that in no Prorisos. 
 case shall any such sign post, sign, figure or device be permitted 
 to extend over more than one-third of the side Avalk on the 
 
122 Buildings. 
 
 Article VII. — Ordinances. 
 
 first story ; and every person offending in either case shall 
 Fine. forfeit and pay the sum of five dollars, and one dollar for 
 
 each and every day the same shall remain thereafter ; pro- 
 When innkeep- vided, howcvcr, that any innkeeper, hy T)ermission of the 
 
 er exempted. 
 
 Inspector of Buildings, with the approbation of the Mayor, 
 may be exempted from the penalties of this ordinance, so far 
 as respects signs and sign posts. 
 
 No. 45, s.i, 37. It shall be the duty of the owner or occupant of each 
 
 April 19, '/6. . . ^ . 
 
 Howhoi8tway and cvcry warehouse, or other building in the City of Bal- 
 
 to be enclosed. . .,.,,.,. , .,. 
 
 timore in which there is a hoistway, to cause the said hoist- 
 way on each story of said warehouse or other building to be 
 enclosed by a good and sufficient railing, three feet in height, 
 around the opening thereof; and it sball be the further duty 
 of the owner or occupant of such warehouse or other build- 
 ing to cause said railing to be securely fastened up, on the 
 completion of the day's business of each day, in such ware- 
 house or building, and for every violation of the provisions 
 of this section, the owner or owners, occupant or occupants 
 Penalty. thcrcof, shall pay a fine of fifty dollars, to be recovered as 
 
 other fines for violating city ordinances are recoverable ; 
 provided, that the penalty hereby imposed shall be against 
 the occupant of said warehouse or other building, whether 
 the owner thereof or otherwise, and if unoccupied, the said 
 penalty shall be against the owner or owners thereof. 
 
 Ibid, 8. 2. 38. It shall be the duty of the Inspector of Buildings to 
 
 Inspector of cxaminc all buildings in which hoistways are used, and to 
 
 Buildings to .... . 
 
 Bive notice to give uotico in Writing to the owner or owners, occupant or 
 
 owners or occu- ' i 
 
 ?ngsf ""^ ''"''''" occupants thereof, requiring them to comply with the pro- 
 visions of the preceding section, within ten days after the 
 service of said notice, or be subject to the penalty imposed 
 hereby. 
 
 Ibid, g. 3. 39. It shall not be lawful for any person or jKU'sons to 
 
 Construction of coustruct any hoistway in any building hereafter to be 
 
 hoistways, i i i "^ 
 
 erected, unless the same shall be enclosed in the manner 
 
Buildings. 123 
 
 Article VII.— Ordinances. 
 
 provided for in section 37 hereof, under a penalty of fifty penalty. 
 dollars, to be recovered as other fines are recoverable. 
 
 40. The City Commissioner and the Inspector of Build- no. 70, June 12 
 ings are authorized and directed to have placed lightning cuy commis- 
 
 t 1 ' 1 1' 1 • sioner and In- 
 
 rods of the most improved design on the public buildings si'ectorot 
 owned by the corporation of Baltimore City, wherever in ro'dTpifced'on 
 their judgment the same may be deemed expedient and fngs."^ ''"'''*" 
 necessary ; the expense of the same to be taken out of any 
 unappropriated money in the city treasury. 
 
 PARTY WALLS AND PARTITION FENCES. 
 
 41. Where party walls or partition fences have been, or no. 53, r.o. 
 shall hereafter be erected, in a good and substantial manner, use of party 
 
 walls, &c. 
 
 by any person or persons within the city, any person or per- 
 sons who shall make use of, or derive advantage from such 
 pacty wall or partition fence, shall pay the original proprie- 
 tor or proprietors one-half part of the value of such party 
 wall or partition fence, at the time he, she or they shall 
 make use thereof, or derive advantage therefrom ; provided, Provisos. 
 that no jjerson shall have power under this ordinance to 
 demand more than one-half the expense of a nine inch brick 
 wall, for any building not exceeding two stories high, nor 
 more than one-half the expense of any fourteen inch brick 
 wall, for any other building whatever ; and provided also, 
 that the cost of any fence shall not exceed three dollars for 
 every ten feet running rneasure. 
 
 42. The Inspector of Buildings is hereby authorized and No.u.Aprii 
 directed, when called on by any one requiring his attendance, J^n^spectorof^ 
 to regulate all party or partition walls or fences within the '^It&r''' 
 corporate limits of the City of Baltimore, in such manner as 
 
 may, in his judgment, be most likely to promote equal jus- 
 tice between the parties concerned ; and he shall immediately Return to Keg- 
 thereafter make return of every such proceeding under his 
 
124 
 
 Buildings. 
 
 Article VII. — Ordinances. 
 
 hand and seal, to the Register, to be recorded and kept with 
 every paper and voucher relating thereto ; and before, in 
 any case, the said Inspector of Buildings shall hold a meet- 
 ing to regulate any party or partition wall or fence within 
 the corporate limits as aforesaid, he shall first give at least 
 Notice. four days' notice in at least two of the daily newspapers of 
 
 said city of the same, stating the time, place, and object of 
 such meeting. 
 
 No. 17, April 
 25, '74. 
 
 Evidence. 
 
 43. Before the said Inspector of Buildings regulate any 
 party or partition wall or fence as aforesaid, he shall obtain 
 the best evidence on oath or affirmation the case will admit 
 
 To be certified of, a Statement of which evidence, with every vouclier and 
 paper relating thereto, he shall return in his certificate afore- 
 said, to be recorded as aforesaid ; and the said Inspector of 
 
 Fees. Buildings shall receive, for the use of the city, from the 
 
 person or persons requiring his services, the sum of two dol- 
 lars for each and every day he shall attend. 
 
 No. 100, s. 1, 
 Not. 1, '73. 
 Thickness of 
 party or parti- 
 tion walls. 
 
 44. It shall not be lawful for any person or persons to 
 erect, within the corporate limits of the City of Baltimore, 
 any party or partition wall of a less thickness than nine 
 inches between buildings of over thirteen feet front ; pro- 
 vided, that the gable wall of the adjoining house, should 
 there be any, .maybe taken in its extent as part of the 
 division wall, and a compliance with the law, if the said 
 wall be of the minimum thickness. 
 
 Ibid, s. 2. 45. If any perspn or persons shall erect any party or par- 
 
 Duty of inspeo- tition wall of a less thickness than nine inches between 
 
 tor of Public 
 
 Buildings. houses of more than thirteen feet front, the Inspector of 
 Public Buildings shall at once, upon being advised thereof, 
 notify such person to remove the same, and the person or 
 
 Penalty. pcrsous SO violating sball be subject to a fine of twenty dol- 
 
 lars for each offence, and also the further sum of twenty dol- 
 
Buildings. 125 
 
 Article VII. — Ordinances. 
 
 lars for each and every month such violation shall he con- 
 tinued, said fine to he collected as other fines are col- 
 
 lectable. 
 
 Note. — A division wall may become a party wall by agreement, either 
 actual or presumed ; and although such wall may have been built exclusive- 
 ly upon the land of one, if it has been used and enjoyed in comm on by the 
 owner of both houses for a period of twenty years, the law will presume in 
 the absence of evidence showing that such use and enjoyment was permis- 
 sive, that the wall is a party wall. In such cases tlie law presumes an agree- 
 ment between the adjacent owners, that the wall shall be held and enjoyed 
 as the common property of both. 
 
 An action was brought to recover damages for injuries done to the plaint- 
 iff's house by the careless and negligent manner in which the house of the 
 defendant, next adjoining, was improved, and for the direct losses consequent 
 upon such injuries sustained by the plaintitf in his trade and busine.ss. The 
 plaintift"'s house was injured by the partial falling in of the division wall 
 between the two houses; and this was caused by digging too near the wall 
 for the purpose of deepening the cellar under the defendant's house. 
 
 No notice was given by the defendant of his intention to deepen the cel- 
 lar, and evidence was offered to show that the excavation was done in a 
 careless and negligent manner. Evidence was also offered to show that the 
 business of tlie plaintiff, who kept an ice cream saloon and made cakes and 
 other articles in that line, was interrupted for several days; held that the 
 plaintiff was entitled to recover such damages as would be sufficient to re- 
 instate the wall and the hou.se in as good condition as they were prior to the 
 injury, and to compensate him for the loss consequent upon the interruption 
 of his business. Brown & Otto v. Werner, 40 Md. 15. 
 
 An agreement authorizing a party wall to be raised and continued in a 
 straight line with the present division wall does not give permission or 
 privilege either to pull down such party wall, or to diminish the area of the 
 adjoining building. Bauyfier v. Wil/cins, Ex'rs, 16 Md. 35. 
 
126 
 
 Carriages, Horses, Boats and Scows. 
 
 Article VIII. 
 
 ARTICLE YIII. 
 
 CARRIAGES, HORSES, BOATS AND SCOWS. 
 
 STATUTES 
 
 1. Hackney coaches, draymen, &c., 
 
 to be licensed and regulated. 
 
 2. What a hackney coach. 
 
 3. Breadth of wheels of wagons, 
 
 carts and drays. 
 
 4. Police Commissioners to fix rates 
 
 of fare : proviso. 
 
 5. Number to be placed on carriages: 
 
 rates of fare to be placed inside. 
 
 6. Penalty for charging higher 
 
 rates, &c. 
 
 7. For refusing number : for refus- 
 
 ing to give correct rates: for 
 misconveying or insulting pas- 
 sengers. 
 
 8. When special licenses may be 
 
 granted. 
 
 9. Penalty in cases of special licen- 
 
 ses. 
 
 10. (Statement to be made by appli- 
 
 cant for special license. 
 
 11. Penalties: how recovered. 
 
 12. Right of appeal. 
 
 13. Penalties: how appropriated. 
 
 LIEN OP LIVERY STABLE KEEPERS. 
 
 14. For charges. 
 
 15. How sale to be made. 
 
 16. Account to be stated : proviso. 
 
 ORDINANCES 
 
 1. Carriages to keep to the right: 
 
 penalty. 
 3. Not to enter narrow streets when 
 
 occupied : penalty. 
 
 3. Drivers to hold reins : immoder- 
 
 ate gait prohibited: horses, 
 &c., not to be turned loose : 
 drivers to hold, or to be within 
 reach of bridle : not to drive 
 or place cart, dray, &c., over 
 footways: proviso. 
 
 4. Carriages of burden not to go 
 
 faster than a walk. 
 
 5. No person to ride or drive over 
 
 bridges faster than a walk. 
 
 6. Penalty for omnibuses passing 
 
 each other. 
 
 7. Penalty for racing. 
 
 8. Express riding regulated. 
 
 9. Riding and driving regulated. 
 
 10. Sleighs, &c., to have bells. 
 
 11. Drays regulated. 
 
 12. Mayor to regulate car stands: 
 
 proviso. 
 
 13. Carriages of pleasure regulated. 
 
 14. Duty of drivers occupying 
 
 stands : not to seek employ- 
 ment on the sabbath. 
 
Caeeiages, Hoeses, Boats and Scows. 
 
 127 
 
 Article VIII. — Statutes. 
 
 15. 
 
 16. 
 
 17 
 
 18. 
 
 Vehicles remaining in the streets 
 over night : proviso : sabbatli 
 (lay. 
 
 Wagons, &c., not to stand on 
 streets on the sabbath : excep- 
 tion. 
 
 Passenger railway cars not to be 
 obstructed : fine. 
 
 Cracking of whips prohibited. 
 
 19. Wagons, &c., not to stand across 
 
 streets: proviso. 
 
 20. Nor stand across flag slones, &c. 
 
 21. Not to obstruct approach tfj any 
 
 place, except at market on 
 market days : penalty. 
 
 22. Wagons, carts, &c., not to re- 
 
 main longer than two hours, 
 when not in actual use: ex- 
 ception : penalty. 
 
 Distance between vehicles in 
 driving : penalty : proviso : 
 funerals. 
 
 Penalty for riding or driving 
 across the line of funerals. 
 
 Taking or removing vehicles, 
 &c. without owner's permission. 
 
 "LICENSES AND NUMBERS. 
 
 31. 
 
 32. 
 33. 
 
 84. 
 
 35. 
 
 36. 
 
 37. 
 
 Numbers of any design nixiy be 
 used : proviso. 
 
 Rate of license. 
 
 Penalty for false entry or change 
 of numbers. 
 
 Carriages not to be used for hire 
 without being licensed and 
 numbered. 
 
 Number corresponding with li- 
 cense only to be used. 
 
 Register to give notice. 
 
 RULES. 
 
 Penalty for violating rules, &c. 
 
 23 
 
 24. 
 
 26. When Mayor shall withdraw 45 
 
 licenses. 
 
 27. Comptroller's powers. 
 
 28. Hacks, &c., to be numbered: 
 
 owner to take out license : 
 penalty. 
 
 29. Licenses, when to terminate and 
 
 be renewed. 
 
 30. Register to provide numbers, &c.: 
 
 where numbers to be placed. 
 
 LIVERY, HIRING AND SALE STABLES. 
 
 38. Buildings: permit. 
 
 39. Publication. 
 
 40. Forfeiture. 
 
 STANDS FOR CARRIAGES, CARTS, &C. 
 
 41. Hacks not to stand on certain 
 
 parts of Charles street. 
 
 42. Carriages on Bowly's wharf and 
 
 Light street regulated. 
 
 43. Mayor to designate stands for 
 
 carriages, &c., on certain 
 streets: proviso. 
 
 44. Horses, wagons, &c., not to oc- 
 
 cupy certain streets. 
 What carts, &c., excepted : pro- 
 visos. 
 
 46. Conditions. 
 
 47. Carts, &c., not used to sell from, 
 to be removed : penalty. 
 
 48. Wood carts on Camden street. 
 
 49. Furniture wagons on German St. 
 
 50. Hacks, &c., in Monument square: 
 rows of hacks around Battle 
 Monument : penalty. 
 
 STATUTES . 
 
 1. The Mayor and City Council have power to license and p^^l.^l^, art. 4. 
 regulate hackney coaches, or other carriages kept for hire and "-^^J-^y.^y. 
 employed within the city, and also draymen, wagoners, carters, J"^'^^-^;,^^-^^ ^« 
 porters and watermen, residing and employed within the said regulated. 
 
128 Cabriages, Horses, Boats and Soows. 
 
 Article VIII.— Statutes. 
 
 city, with power to make all necessary regulations respecting 
 • the same.* 
 
 Ibid, sec. 139. 2. Every carriage, coach, or other vehicle moved by horses 
 What a back- or othcr animal power which shall be used for the conveyance 
 neycar . ^^. pgj,gQjjg ^ifbiu the City of Baltimore for hire or compensa- 
 tion, shall be deemed a hackney carriage. 
 
 Ibid, sec. 863. 3. The Mayor and City Council may regulate the breadth 
 BreadUi of of the wlicols of wagous, carts and drays, to be used for haul- 
 wagons, carts insj burdens on the streets of said city, not to aflect persons 
 
 anil drays. " _ •" » 
 
 hauling produce to the said city. 
 
 1865, c. 90. 4. The Board of Police Commissioners of the City of Bal- 
 
 Poiice commis- tinn)re sliall determine and fix the rate of faref to be charged 
 
 sioners to tix . , /» i i ■ . • i • i 
 
 rates of fare. Dy tlic owucrs 01 hackucy carnages 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 
 
 * For law authorizing Mayor to regulate the sale of horses and carriages 
 at auctions, and their riding and driving, see sec. 27, p. 98. 
 
 fThe rates of fare fixed by the Police Commissioners are as follows : 
 
 Steamboats and Railroad Stations. — To or from any steamboat or railroad 
 station, to any hotel or private house in any part of the city — one passenger, 
 75 cts.; for each additional passenger, 25 cts.; for each trunk, box or bag, 
 sufficiently large to be strapped on, 15 cts.; no charge for small parcels put 
 in the carriage. 
 
 City. — From any one point within the city limits to another — one passen- 
 ger, 75 cts.; for each additional passenger, 25 cts. 
 
 Time.— FoT one hour, |1.50; for each additional hour, $1.00! Same rates 
 for all fractions of an hour, but no charge for less than a quarter of an hour. 
 
 Evening and Mght.— For hacks taken from the stand to any part of the 
 city, as follows : From 1st May to 30th September, inclusive, after 8 o'clock 
 P. M., for a single passenger, 75 cts.; if more than one, each 50 cts.; like sum 
 for returning. From the 1st October to 30th April, inclusive, after 7 o'clock 
 P. M., the same. No charge for baggage. 
 
 General Rules. — 1. An additional allowance for carriage only when sent 
 from stand, 25 cts. 2. Children over ten years, half price ; under ten, no 
 charge. 3. The police force are strictly enjoined to enforce these rules. 
 
Carriages, Horses, Boats and Scows. 129 
 
 Article VIII.— Statutes. 
 
 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 bj the said Board 
 of Police Commissioners, and no more ; provided, that the Proviso. 
 provisions of this section shall not apply to the owners of 
 hackney carriages who conduct their business exclusively at 
 their respective stables. 
 
 5. The owner of every licensed hackney carriage, other '8>>''. c. 90. 
 than those excepted in the preceding section, before he shall Number to be 
 
 r r o ' placed on car- 
 
 be entitled to charge, ask or receive any hire or compensation '^'^s^- 
 for the use tliereof, 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 deline- 
 ated in conspicuous places on each side of such carriage, both 
 within and without, and shall also keep in at least two conspic- 
 uous positions in the interior of such carriage a copy of the ^^»[f,«jj/f^« *° 
 rates of fare or charges prescribed by the Board of Police side. 
 Commissioners, as aforesaid, printed on a 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 day 
 time by any person who may be a passenger in said carriage. 
 
 6. Every owner of a hackney carriage licensed as aforesaid, p^^l ^l , art. 4, 
 for the use of which any higher or greater rate of fare shall P^^^^yjl\^^^^ 
 be asked and received by any driver or other person having rates, &c. 
 care of such carriage than what is prescribed by this article, 
 
 or who shall omit or neglect to comply with the directions 
 herein contained, shall incur a penalty of ten dollars; every 
 continuance of an omission to comply with the provisions 
 herein contained for one day after any prosecution therefor 
 being taken as a distinct offence. 
 
 7. Every driver of any licensed hackney carriage who shall ibid, sec. 145. 
 ask and receive any greater hire, or other compensation in P^enaUy^f"^^'e; 
 money or other valuable articles, for the use of such carriage, 
 
130 Careiaqes, Horses, Boats and Scows. 
 
 Article VIII. — Statutes. 
 
 For refusing to Or the coDveyaiice of any persons or baggage therein, than is 
 rates; for mis- prescribed in this article, or who shall refuse or omit when re- 
 
 conveying or -T^ ' 
 
 sengers.^ ^^^' ^uircd to inform any person using such carriage or applying 
 for the use of it, of 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 passen- 
 ger whom he shall have had in his care for conveyance in the 
 carriage of which he is the 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. 
 
 1865, c. 90. 8. The proprietor of any hackney carriage in the City of 
 
 When special Baltimore who docs not intend to go upon or wse the public 
 
 license may be . i • • i i i i 
 
 granted. . stauds 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 Coun- 
 cil of Baltimore, signify in writing such intentions, and there- 
 upon a special license may and shall be granted to such proprie- 
 tors, 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. 
 
 1865, c. 90. 9. No hackney carriages which shall be thus specially 
 
 Penalty incases liccnscd, shall make usc of Or go upon or stand or wait for 
 
 of special li- /.i it t ^ • ^ -i 
 
 censes. employment at any oi the public stands designated by or 
 
 under the present or any future ordinances of the Mayor and 
 City Council of Baltimore, or at any other place or places 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. 
 
Careiaqes, H0E8E8, Boats and Soowb. 131 
 
 Article VIII.— Statutes. 
 
 10. Each and every proprietor of hackney carriages shall, i«65,c. 90. 
 
 at the time when he applies for a special license, or any re- statement to be 
 
 made by appli- 
 
 newal thereof, furnish the Comptroller or other proper officer '^^nt 'or special 
 
 * ' ' license. 
 
 of the City of Baltimore with a correct statement of the num- 
 ber of hackney carriages used by him, and such owner when- 
 ever he shall have increased the number of such hackney car- 
 riages, shall report such increase to the Comptroller, or other 
 proper officer of said city, and every person violating any of ^*'**"y- 
 the provisions of this section shall forfeit his license, and be 
 liable to a penalty of ten dollars. 
 
 11. All penalties which shall be incurred under this law, or p. l. l., Art. 4, 
 
 sec. 14fi ; I8ti5, 
 
 for the breach of any ot its provisions, may be recovered by c.so. 
 warrant issued in the name of the State, in the same manner Penalties, how 
 
 . , recovered. 
 
 as debts within said city are recoverable, with the right of ap- 
 peal to the Baltimore City Court. 
 
 12. On the trial of such appeal, the party of whom the Right of appeal. 
 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 ap- 
 proved by the officer rendering such judgment and conditioned 
 that the party appealing shall prosecute the appeal with effect, 
 and obey, perform and pay such judgment as shall be ren- 
 dered by the Baltimore City Court, on the trial of said appeal. 
 
 13. All penalties which shall be recovered for the breach of ibid, sec. us -, 
 
 ^ . 1865, c. 90. 
 
 any of the provisions of this law, shall be appropriated one-hair penalties, how 
 
 appropriated. 
 
 to the use of the two dispensaries* in the City of Baltimore, to 
 be equally divided betwen 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. 
 
 *The two dispensaries here referred to are the General Dispensary, incor- 
 porated by Act of 1807, c. 110, amended by Act of 1872, c. 452, and the 
 Second Dispensary incorporated by Act of 1817, c. 211. 
 
132 
 
 Carriages, Horses. Boats and Scows, 
 
 Article VIII. — Ordinances. 
 
 LIEN OF LIVERY STABLE KEEPERS. 
 
 i865,c. 163, s.i. 14. It shall be lawful for any livery stable keeper to retain 
 Lien of livery in his custody, any horse, mare or geldinff, placed under his 
 
 stable keeper d ^ . n i n 
 
 for charges. care for livery, and also any vehicle until all charges lor so 
 keeping shall have been paid by the owner or owners thereof. 
 
 Ibid, s. 2. 15. It shall and may be lawful for &uch livery stable 
 
 How sale may 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. 
 
 Ibid, s. 3. 16. Before proceeding as above, it shall be necessary for 
 
 Account to be such livery stable keeper to state any account for the keeping 
 of such horse, mare or gelding, or vehicle, and prove the same 
 before a justice of the peace for the city of Baltimore, who 
 upon being satisfied by proof of demand and refusal or neglect 
 to pay on the part of the owner, shall thereupon issue his war- 
 rant authorizing such sale as aforesaid ; provided, that the 
 proprietors of such livery stables shall set up on their premises, 
 in some conspicuous place, a copy of the aforegoing two sec- 
 tions, printed in large type, and his rates of livery. 
 
 stated. 
 
 Proviso. 
 
 No. 32, s. 1, R. 
 O. 
 
 Carriages to 
 keep to the 
 right. 
 
 ORDINANCES . 
 
 1. The drivers of all carriages, of burden or pleasure, 
 driving or passing through the streets, lanes or alleys of the 
 city, where there is room sufficient for two to pass, shall keep 
 on that side of the street, lane or alley, on their right hand 
 respectively ; and if any driver of a carriage shall drive his 
 carriage in the middle of the street, or on the side of the 
 way on his left hand, so as to prevent or obstruct another car- 
 
Caeriages, Horses, Boats and Scows. 133 
 
 Article VIII. — Ordinances. 
 
 riage from passing as aforesaid, every driver so offending, sball 
 forfeit and pay for every snch offence a sum not exceeding five Penalty, 
 dollars. 
 
 2. Whenever any carriage shall have entered any street, iwd, s. 2. 
 lane or alley in the city, where there is not room sufficient for Not to enter 
 
 narrow streets 
 
 two carriages to pass, no other carriage shall enter the said '^^e'l °<=cupied. 
 street, lane or alley in the opposite direction, but shall remain 
 in an adjacent street, until the first shall, with all diligence, 
 have passed through ; and if any driver or other person shall 
 offend in such case, he shall forfeit and pay, for every such Penalty, 
 offence, a sum not exceeding five dollars. 
 
 3. No person shall sit or stand in or upon any carriage, or iwd, s. 3. 
 any horse or beast harnessed thereto, in order to drive the Drivers to hold 
 same, unless he shall liave strong reins or lines fastened to the 
 
 bridle of his beasts and held in his hands, sufficient to guide 
 and restrain them; and no person driving any carriage, or 
 riding any horse, mare, gelding or other beast in or through 
 the said city, shall permit or suffer the beast or beasts, he shall immoderate 
 
 ... gait prohibited. 
 
 SO ride or drive, to go at an immoderate gait; and no person 
 
 shall turn any horse, mare or gelding loose within the city, or Horses, &c., not 
 
 ,_.- , , x>iUj.i. to be turned 
 
 drive such horse, mare or gelding loose through any ot the streets, loose. 
 
 lanes or alleys of the said city; and all porters, carters and 
 
 other persons having the care of any carriage who shall not 
 
 hold reins in their hands to guide or restrain their beasts, shall Drivers to hold 
 
 " or be within 
 
 walk by the head of the shaft or wheel-horse, holding, or reach of biidie. 
 
 within reach of the bridle or halter of the said horse ; and no 
 
 person shall drive, lead or place any horse or beast of burden, Notto drive or 
 
 or any horse attached to a cart, dray or other carriage, laden |rayJ,lc.?over 
 
 or unladen, on any of the footways* of the city; and every 
 
 person offending in any or either of the cases aforesaid, shall 
 
 forfeit and pay for every such offence a sum not exceeding 
 
 twenty dollars ; provided, that nothing herein contained shall Proviso. 
 
 *See case of Boddy v. Finnegan, 43 Md. 492, under Art. XXXVIII, Police. 
 
184 Carriages, Horses, Boats and Scows. 
 
 Article VIII. — Ordinances. 
 
 prevent any person from riding, driving or leading across any 
 of the footways any liorse or beast of burden, into or out of 
 any lot or tenement. 
 
 Ibid, s. 4. 4, It shall not be lawful for any wagon of burden, cart or 
 
 Carriages of drav, ladcu or unladen, to be driven through any paved street, 
 
 burden not to «" ' b J I ' 
 
 walk!**'*''*"' lane or alley within this city, at any other gait than a walk, 
 and any driver offending herein, sliall forfeit and pay a sum 
 not more than five dollars nor less than two dollars. 
 
 Ibid, 8. 5. 5. It shall not be lawful for any person to ride or drive any 
 
 No person to horsc or horscs over any bridge within the limits of the city at 
 
 ride or drive ./ o 
 
 fa^s*ter*'tharra ^"-^^ S^^^ Other than a walk, under the penalty for each and 
 walk. every offence of five dollars. 
 
 Ibid, 8. 6. 6. Any driver of any omnibus passing or attempting to 
 
 Penalty for om pass any other omnibus, while the same is in motion at the 
 
 nibuses passing 
 
 each other. rate of four milcs per hour, shall be subjected to a fine of 
 twenty dollars. 
 
 Ibid, 8. 7. 7. Any rider of any horse, mare or gelding, and any driver 
 
 Penalty for of any vchiclcs engaged in any contest of speed, within the 
 
 limits of the city, shall be subjected to a fine of twenty dollars. 
 
 Ibid, 8. 8. 8. Any rider or driver of any express, going within the 
 
 Express riding limits of the city, at a rate more than six miles per hour, shall 
 
 regulated. . r 7 
 
 be subjected to a fine of twenty dollars. 
 
 Ibid, s. 9. 9. Any rider of any horse, mare, gelding or mule, and any> 
 
 Riding and driver of any hack, cab, omnibus, gig, sulky, carryall, buggy 
 
 driving regu- _ . oo./ 
 
 lated. wagon, stage coach, private carriage, or any carriage of plea- 
 
 sure, or carriage of any description other than those mentioned 
 in the fourth section of this ordinance, going or moving within 
 the limits of the city, at a rate more rapid than six miles an 
 hour, shall be subject to a fine of five dollars. 
 
 ibid.s. lu.; 10. No driver of a carriage going upon runners or rail 
 
 Sleighs, tc. to tracks shall pass through the streets, lanes and alleys of the 
 
 have bells. . 
 
 city, unless one or more bell or bells be fixed to the horse or 
 
Carria»b8, Horses, Boats and Soows. 135 
 
 Article VIII. — Ordinances. 
 
 horses drawing the same, under a penalty for every such of- 
 fence not exceeding five dollars. 
 
 11. Each and every drayman shall place his horse and iwd.s. ii. 
 dray lengthways with and close to the kerbstones in the street Drays reguia-; 
 in which the same shall stand, and no more than one range 
 
 shall stand in any street, and drays shall be placed at a distance 
 of not less than twenty-five feet from each other. 
 
 12. The Mayor is hereby authorized to regulate the distance ibid.s. 12. 
 between carts, and the manner in which they shall stand. Mayor to regu- 
 
 , , late cart stands. 
 
 either by general rule or rules applying to particular streets in 
 his discretion ; provided that nothing herein contained shall be proviso. 
 construed to authorize the placing of two lines of carts in one 
 street. 
 
 13. Each and every carriage of pleasure kept for hire when ibid, s. 13. 
 unemployed and in any street and not in motion, shall be carriages of 
 
 t^ J •/ pleasure regu- 
 
 placed by the driver thereof in the middle of such street and lated. 
 lengthwise with said street, and no more than one range of 
 carriages shall stand in any street, and such carriages shall be 
 ranged parallel to the front of the houses, and at a distance of 
 not less than thirty feet from each otiier, and in such man- 
 ner as not to obstruct the passage of wagons or other carriages 
 in the streets, and as not to prevent foot passengers from cross- 
 ing a street in the direction and line of a footway on the side 
 of any other street. 
 
 14. Every driver, or person having charge of any cart, dray iwd, s. h. 
 
 or other carriage, whilst occupying and stand, and unemployed, nuty of^^drivers 
 shall sit in such carriage, or stand near thereto with the reins stands. 
 in his hands, or in siich manner to have the same within his 
 reach, and no owner or driver of any carriage of pleasure for 
 hire or pay within tlie city, shall take a stand, or move to and 
 fro in any of the streets, lanes or alleys of the city, waiting or Not^o^-^-- 
 seeking for hire or employ on the Sabbath day, and every per- tueSahbath. 
 son offending in either of the cases mentioned in this, or the 
 
136 Carriages, Horses, Boats and Scows. 
 
 Article VIII. — Ordinances. 
 
 preceding three sections, shall forfeit and pay for every offence 
 a sum not exceeding five dollars. 
 
 No 71, si, 15. It shall be lawful for the owner or owners of any cart, 
 
 Sept. 3, '60 _ , 
 
 Vehicles re- dray or other vehicle to suffer the same to remain before their 
 
 maining in the . . '■ . . 
 
 streetsover pz'emises, on wliich they live, during the night; provided, that 
 
 Proviso. not more than eight feet of any street or alley shall be thus 
 
 occupied ; and provided further, no cart, dray or other vehicle 
 
 shall remain in the streets, lanes or alleys of the city on the 
 
 Sabbath day. 
 
 No. 32,8. 16, R. 10. It shall not be lawful for any person or persons to drive 
 Wagons. Ac, or staud with a wagon cart, dray or other vehicle, or feed 
 streets on the horscs on any paved street, lane or alley on the Sabbath day. 
 
 Sabbath. , 1 , 
 
 Exception. cxccpt sucli wagou and horses are in the service of the United 
 States or State of Maryland, under a penalty of five dollars. 
 
 No. 71,8.3, 17. No carriage, wagon or other vehicle, shall be allowed 
 
 Sept. 3, '60. 
 
 Passenger rail- to staud iu any of the streets so as to obstruct the passaeje of 
 
 way cars not to . " "^ 
 
 be obstructed, the City passcugcr railway cars; and no driver of any vehicle, 
 having sufficient space to turn out of the way of said cars, 
 who shall refuse to do so after being requested, shall, with 
 those violating the first provision of this section, forfeit and 
 
 Fine. pay the sum of five dollars for each and every offence, to be 
 
 recovered as other fines and forfeitures are now collectable. 
 
 No. 3i, s. 15, R. 18. Every driver of a hack or other vehicle, who shall crack 
 
 o. 
 
 Cracking of a whip uj)on the pavement adjacent to the public stands shall 
 
 whips prohib- ,. « . ■, . i 'rv> 
 
 ited. Torieit and pay tor every such offence the sum of one dollar. 
 
 Ibid, s. 17. 19. It shall not be lawful for any wagon or other carriage 
 
 wattons, &c., to bc olaccd or stand across any street, lane or alley, in the 
 
 not to stand , , _ ^ "^ -^ ' 
 
 across streets, city, Or iu any othcr position except with the length parallel 
 to the side of the street, lane or alley in which it may be ; and 
 the owner or driver of any wagon or other carriage placing 
 the same or permitting it to stand in any other position than 
 that above described, shall forfeit and pay the sum of two dol- 
 
 Provi5o. lars; provided, that any wagon or other carriage of burden 
 
Carriages, Horses, Boats and Soows. 137 
 
 Article VIII.— Ordinances. 
 
 may, durinj^ the time of loading or unloading, with shaft horses 
 only, in the day time, stand in a position convenient for those 
 purposes for any necessary space of time, not exceeding three 
 hours, without the owner or driver thereof incurring the pen- 
 alty aforesaid ; but nothing in this proviso contained shall 
 authorize the placing of any wagon or other carriage in any 
 position which will prevent the passage of any wagon, cart or 
 other carriage. 
 
 20. It shall not be lawful for any person to place any car- iwd, s. is. 
 riage of any description whatever, upon or across any of the Nor stand 
 flag or stepping stones, placed for the convenience of foot pas- stones, &c. 
 sengers across any street, lane or alley in the city ; and every 
 driver of any carriage whatever, shall promptly remove his 
 carriage off the same, upon demand of any person, under a 
 penalty of five dollars. 
 
 21. If any owner or driver of any wagon, cart or other carriage iwd, s. i9. 
 shall i)Iace snch wagon, cart or other carriage, or any horse on Not to obstruct 
 
 upproach to any 
 
 any street, lane or alley of the city other tlian the streets, lanes place except at 
 
 J T •' •■' market on mar 
 
 and alleys within the limits of the several markets on market ''«'«^»y*- 
 days, so as to prevent the access of any other carriage to the 
 kerb stone in front of any building, against the consent of any 
 owner or occupier of such building, or if such owner or owners, 
 upon being required to move his cart, wagon or other carriage, 
 or horse, by the owner or occupier of such building, or by 
 any police officer, shall refuse or neglect so to do immediately, 
 he shall forfeit and pay for every such offence the sum of five penalty, 
 dollars; and it shall be lawful for the owner or occupier of 
 such building to remove the said cart, wagon or other carriage, 
 horse or horses, and every person who shall obstruct the said 
 owner or owners, shall forfeit and pay the sum of five dollars 
 for each offence. 
 
 22. Excepting within the limits of tiio several markets, and ibid.s. 20. 
 in accordance with the article, entitled Markets, no person Exception. 
 whatever shall place any wagon, cart or other vehicle licensed 
 
138 Carriages, Horses, Boats and Soows. 
 
 Article VIII. — Ordinances. 
 
 wagon.s, carts, bv the citv, or owncd in the city of Baltimore, or any horse, 
 
 Ac, not to re- 
 main longer mare or geldinsr belonginji; to the same, on any of the streets, 
 
 than two hours, & & » » t j i 
 
 actuai"uRe.'^ lanes or alleys of the city, when not in direct and absolute use 
 at the time, to remain there for a longer time than two hours, 
 
 Penalty. Under a penalty of three dollars for each and every offence ; 
 
 and all carriages, wagons, carts, drays and other vehicles, 
 upon their stands by authority of the Mayor of the City, shall 
 be considered as in use under this section, ' 
 
 No. 21, April 4, 23. No driver of any vehicle upon the streets of the city 
 Distance be- shall drive 80 close to any vehicle in front, that there shall be 
 
 tween vehicles 
 
 in driving. less than ten feet between the rear of said vehicle in front and 
 the head of the horse of the vehicle in the rear at all crossings, 
 
 Penalty uudcr a penalty of not less than two dollars nor more than 
 
 five dollars, at the discretion of the justice of the peace, for 
 each and every offence, to be recovered as other fines are re- 
 
 Proviso. coverable ; provided, that this section shall not apply to funer- 
 
 als or other processions. 
 
 No. 32,8. 23, R. 24. It shall not be lawful for any person to ride or drive 
 Penalty for any horse or horses across the line of a funeral procession in 
 
 riding or dri- 
 ving across the the streets, lanes or alleys of the city, uiider a penalty for each 
 
 line of funerals. ■' •' ' sr J 
 
 and every offence of two dollars. 
 No. 85, Oct. 13, 25. If any person shall enter upon or into any vehicle or 
 Taking or re- conveyauce, or remain therein, or drive or remove the same 
 
 moving vehicle 
 
 &c., without from the place where the same may then be, without the au- 
 
 permission of ^ i 
 
 owner, &c. thority or permission of the owner or the party in charge 
 thereof, such person so entering, remaining, driving away or 
 removing without authority or permission as aforesaid, shall 
 
 Penalty. be subjcct to a fiuo of uot Icss than one dollar, nor more than 
 
 twenty dollars ; to be collected as other fines and penalties are 
 collected. 
 
 LICENSES AND NUMBERS. 
 Ibid, 8. 24. 26. It shall be the duty of the Mayor to withdraw the 
 
 When Mayor •' •' 
 
 li^ensrs!""^'"*'' license from any vehicle licensed by the city, the driver of 
 
Carriages, Horses, Boats and Soows. 139 
 
 Article VIII.— Ordinances. 
 
 which shall violate a second time any of the provisions of this 
 ordinance regulating the speed of horses and vehicles. 
 
 27. The Comptroller shall issue all licenses for and num- No. 9,s. 4,r. 
 bers of carriages, wagons and other vehicles, boats and scows comptrollers 
 as enumerated in the succeeding section, he accounting with ^°"'*"' 
 the Register for the same and paying over to him the fees re- 
 ceived for the same. 
 
 28. All hackney coaches, buggies, cabs and gigs, kept forNo. 32, a 25, r. 
 hire, and all wagons, furniture carriages, carts, drays, package Hacks. &c., to 
 carts, boats of every description, and scows, nsed or employed 
 
 within the city,* shall be numbered with plain, conspicuous 
 figures, on plates of tin, to be provided by the Register for 
 that purpose, as hereinafter directed, to begin with number one, 
 and soon progressively ; and the owner or owners of such car- 
 riages, boats or scows, shall annually appear at the office of 
 the Comptroller, and there enter in a book, to be kept for that 
 purpose, his or her name and place of abode, and the descrip- 
 tion of every such carriage, boat or scow by him or her owned, 
 and the number thereon to be affixed; and such owner or owner to take 
 owners shall take out a license, containing his, her or their °" 
 number, and signed by the Comptroller, with the city seal 
 thereto affixed ; and no owner or holder shall be permitted to 
 use or employ, or let for hire, on any street, lane or alley, nor 
 in any water within the city, any hackney coach, buggy, cab 
 or gig, kept for hire, wagon, furniture carriage, cart, dray, 
 package cart, boat or scow, until he, she or they shall first 
 comply with the regulations herein contained ; and should 
 any holder or owner thereof use or employ any such 
 carriage, boat or scow within the city, until he, she or they 
 have fully complied with the requisitions of this ordinance and 
 
 *Held by Brown, C. J., in City Court, Frederick v. Mayor &c., March 21, 
 1874, where ice carts, owned by residents of Baltimore county, who also had 
 their ice house in that county, were " used and employed within the city," 
 that licenses must be taken out and the ice carts numbered as required by 
 this section. 
 
140 Carriages, Horses, Boats and Scows. 
 
 Article VIII. — Ordinances. 
 
 the regulations herein contained, he, she or they shall be liable 
 Penalty. to forfeit and pay for every snch offence a fine of one dollar. 
 
 No. 32, s. 26, R. 29. All licenses shall terminate on the first day of May, 
 Licenses, when aniiually, and shall only be considered as entitled to renewal 
 
 to terminate ' i i i> i i i » 
 
 and be renewed, if such renewal shall be ap[)lied tor on said day, or within 
 twenty days thereafter; and in all cases where said license 
 shall not have been renewed within twenty days aforesaid, a 
 new license shall be necessary, to be dated and paid for from 
 the first of May, as in case of renewal. 
 
 Ibid, 8. 27, 30. It shall be the duty of the Register, annually, on or 
 
 Register to pro- bcfore the first day of May in each and every year, to pur- 
 vide numbers, . . •' •', J J ^ I 
 *c- chase a sufficient number of tin plates numbered with plain, 
 
 conspicuous figures, done with black paint, beginning with 
 number one and so on progressively, two of each to corres- 
 pond to the number of the carriage, boat or scow, and also 
 to purchase suitable d'cs for the arithmetical numbei's, and the 
 figures standing for the date of the year in which said num- 
 bers were issued shall be stamped on the end of each numbered 
 plate, the said plate to be of suitable size and description, in 
 the discretion of the Register, and to be paid for out of any 
 money in the treasury not otherwise appropriated ; and it shall 
 be the duty of the Comptroller, on receiving the same from the 
 Register, to I'urnish for each licensed carriage, boat or scow, two 
 of said tin plates with numbers corresponding to tiie number 
 of the license and record of said carriage, boat or scow, which 
 Where num. numbcrtd plates shall be fastened on each side of and on the 
 
 bers to be 
 
 placed. most conspicuous part of such carriage, boat or scow, so that 
 
 the numbers may be plainly seen, under a penalty of two 
 dollars. 
 
 Ibid, s. 28. 31 . All persons who take out licenses under this ordinance, 
 
 Numbers of any are hereby authorized to provide numbers for their carriages, 
 
 design may be o ' 
 
 used. wagons and other vehicles, of such design as to them may 
 
 seem proper, such numbers to conform with the number of 
 
Carriages, Horses, Boats and Scows. 141 
 
 Article VIII. — Ordinances. 
 
 their license, the same to be in a conspicuous place ; provided Proviso, 
 that tlie number furnished by the Comptroller be nevertheless 
 attached to such carriage and wagon in such place as he may 
 direct. 
 
 32. The owner or owners of any carriage, boat or scow, iwd, s 29. 
 obtaining license therefor, shall pay the Comptroller for the Rate of license, 
 use of the city, for every hackney coach, cab, buggy, wagon 
 
 or other four wheel pleasure carriage, kept for hire, five dol- 
 lars and fifty cents for the original license, and five dollars 
 for the annual renewing thereof; for every chair, gig, cab, 
 buggy or other pleasure carriage drawn by one horse and kept 
 for hire, three dollars and fifty cents for the original license, 
 and three dollars for the annual renewing thereof; for every 
 wagon drawn by more than three iiorsos or mules, ten dollars 
 and fifty cents for the original license, and ten dollars for the 
 annual renewing thereof; for every wagon or cart, drawn by 
 more than one, and not more than three horses or mules, five 
 dollars and fifty cents for the original, and for each renewal, 
 five dollars ; for every wagon or cart or other carriage of bur- 
 den, drawn by not more than one horse or mule, two dollars 
 and fifty cents, and for each renewal, two dollars ; for each 
 boat or scow, two dollars and fifty cents for the original, and 
 two dollars for each renewal ; for every package cart, one dol- 
 lar, and for every transfer of any of the licenses authorized by 
 this ordinance, fifty cents. 
 
 33. If any person shall cause or procure a false entry to be ibid, s. 30. 
 made of any such carriage, boat or scow, or after a true entry Pen^ty^rfaiae 
 shall alter the number of his carriage, boat or scow, being of -mmber. 
 registered, or not having a license, shall permit a number to be 
 
 fixed to or remain on his or her carriage, boat or scow, he or 
 she shall forfeit and pay for every such ofience the sum of 
 twenty dollars. 
 
 34. No owner of any carriage shall use the same in carry ibid, s. 31. 
 ing or transporting any person or persons, within the said city, 
 
142 Carriages, Horses, Boats and Scows. 
 
 Article VIII. — Ordinances. 
 
 Carriages not to for hire 01' DHV, unless such owner shall appear at the office 
 
 be used for hire 
 
 without being of the Comptroller and make entry and take out license as 
 
 licensed and r 
 
 numbered. aforcsaid, and number such carriage on the middle panel or 
 other conspicuous place, of each side, with plain and conspi- 
 cuous figures, and the same renew annually; and such owner 
 shall be subject to all the other rules and regulations herein 
 contained, respecting wagoners, carters and draymen, and shall 
 be liable to the same forfeitures and penalties upon the non- 
 compliance with or violation of any such rule or regulation. 
 Ibid, s. 32. 35_ It shall not be lawful for the owner or owners of any 
 
 Number corres- carriage, wagou, cart, dray, package cart, furniture wagon, 
 be u^ed.""'^ '° ^^^^ ^^' scow, to retain or suffer to be placed on any such 
 vehicle any other number than one corresponding with the 
 license for the same, and any person or persons violating the 
 provisions of this section, shall be subject to a fine of three 
 dollars. 
 
 Ibid, s. 33. 30. It shall be the duty of the Register to notify all per- 
 
 Register to give sons annually, of the necessity of attending to the provisions 
 
 notice. _ _ _ 
 
 of this ordinance respecting licenses, by advertising the same 
 for ten days previous to the first day of May in all the daily 
 papers of the city.* 
 
 RULES. 
 
 Ibid, 3.36. 37, Every person violating any rule made by the Mayor in 
 
 Penalty for vio- virtuc of this Ordinance, shall be subiect to a penalty of two 
 
 latiug rules jr./ 
 
 nauce."''^ "'''*^' dollai's, uuless somc Other penalty is hereinbefore provided 
 for the offence. 
 
 LIVERY, HIRING OR SALE STABLES. 
 
 ju°/ai,V(j ^^' ^^ sh&W not be lawful for 'any person or persons, or 
 
 Buildings. bodics Corporate, to erect or cause to be erected, or to alter or 
 
 cause to be altered, any building or buildings for the purpose 
 
 of being used as livery, hiring or sale stables, within the 
 
 See duty of Sheriff under Licenses, Art. XXXIII. 
 
Carriages, Horses, Boats and Scows. 143 
 
 Article VIII.— Ordinances. 
 
 limfts of direct taxation, without having first had and obtained Permit. 
 a permit from the Mayor and City Council of Baltimore. * 
 
 39. Notice of all applications for permission to erect livery, ibia.s. a. 
 hiring or sale stables, or to alter buildings to be used for that Publication. 
 purpose within the limits of direct taxation, shall be inserted 
 
 three times a week in two or more of the daily newspapers 
 published in the city of Baltimore, two weeks previously to 
 making such application. 
 
 40. For any and every violation of the provisions of theiwd, s. 3. 
 preceding two sections, the party or parties so violating, shall Forfeiture. 
 forfeit and pay the sura of two hundred dollars, and a further 
 
 sum of fifty dollars for each and every week thereafter, until 
 the stable or stables so erected or altered shall be removed 
 outside of the limits of direct taxation, torn down, or ceased 
 to be used for that purpose; the said fines and forfeitures to 
 be recovered as other fines and forfeitures are now recover- 
 able. 
 
 STANDS FOR CARRIAGES, CARTS, &c. 
 
 41. It shall not be lawful for licensed carriages of pleasure, No. 71, s. a, 
 
 '^ '^ Sept. 3, '60. 
 
 commonly called hacks, to stand upon the bed of Charles Hacks not to 
 
 stand on certain 
 
 Street, between Camden and Lombard streets, and any person pans of cimries 
 oflending against the provisions of this section, shall forfeit 
 and pay the sum of five dollars for each and every ofi'ence ; Fine. 
 to be recovered as other fines and forfeitures are now recover- 
 able. 
 
 42. It shall not be lawful for any carriage or carriages, of No 32, sec. 21, 
 any description whatever, to stand on that part of Bowly s caniages on 
 wharf south of a right line with the north side of Camden an^d^ugh'st. 
 street, or on that part of Light street which lies between Pratt 
 
 and Lee streets, longer at any one time than the same can be 
 loaded or unloaded, under a penalty of two dollars for each 
 and every ofiFence. 
 
 ■ See as to permits from Appeal Tax Court, Article XLIX, Taxes. 
 
144 Carriages, Horses, Boats and Soows. 
 
 Article VIII. — Ordinances. 
 
 Ibid, s. 22, 43. The Mayor is hereby authorized and requested to de- 
 
 Mayor to desig- sign ate stands for licensed carriages of pleasure and burden 
 
 nate stands for 
 
 caiiiages, &c., and Dackago carts, out of Baltimore street and that part of 
 
 oil certain i o ' r 
 
 streets. Pratt Street which lies between South and Hanover streets ; 
 
 and no person shall take any stand not so designated with a 
 licensed carriage of pleasure or burden, or a package cart, 
 under a penalty of not less than one nor more than five dol- 
 
 Proviso. lars: provided, that the Mayor shall not designate stands for 
 
 carts in any streets except at the south end of Broadway, and 
 in Camden, Conway, Barre and Lee streets, east of Charles 
 street, and at the lower end of the Centre market space. 
 
 No. 50, s. 1, 44. It shall not be lawful for any horse, wagon, or other 
 
 July a, '60. . ^ J to 5 
 
 Horses, vehiclc to occupy or remain upon any of the following streets, 
 
 wagons, &c , . _ ' n /-^ t 
 
 not to occupy to Wit: Hauover street from Conway to Lombard street: 
 
 certain streets. '' ' 
 
 Camden street from Charles to Howard street ; Sliarp street 
 from Conway to Pratt street, and Dover street from Han- 
 over to Sharp street, during the following days, to wit : 
 Mondays, Thursdays and Saturday afternoons and evenings. 
 
 Ibid, s. 2. 45. In order that the provisions of the aforegoing section 
 
 whatcarts,&c. shall not interfere with those persons who have been in the 
 
 excepted. t i • j? 
 
 habit ot occupying said streets on said occasions, with a cart, 
 wagon, or other vehicle, for the purpose of selling or vending 
 therefrom any article or articles, said cart, wagon, or other 
 vehicle, so occupying said streets, for the purpose aforesaid 
 are hereby excepted from the provisions of the above section ; 
 Provisos. provided, however, the said cart, wagon or other vehicle, shall 
 
 be so arranged as to preserve between every two vehicles, an 
 open space of not less than four feet, for the purpose of a 
 passage way for the accommodation of the public ; and provi- 
 ded further, that the shafts of said carts shall not extend more 
 than one foot beyond the curb, and the shafts of said wagon 
 or other vehicle shall be unshipped ; and provided further, tiiat 
 such carts, wagons or other vehicles occupying the south side 
 of Camden street for the sale of articles, shall be so placed 
 
Carriages, Horses, Boats and Scows. 145 
 
 Article VIII. — Ordinances. 
 
 that the articles sold therefrom can be purchased from the 
 pavement or sidewalk. 
 
 46. The owners and occupiers of the property upon the ibid, s.s. 
 line of the street or streets upon which it is designed to reverse conditions. 
 the carts, wagons and other vehicles, as a stand or stall for the 
 
 sale of any articles, siiall enter into an agreement with the 
 Mayor and City Council, consenting thereto, and allowing 
 the parties making sales from said carts, wagons or other 
 vehicles, the use of two feet of the pavement next the kerb 
 stones in front of their property ; and no vehicles shall be 
 allowed to remain standing on the bed of Sharp street. 
 
 47. Any person or persons having in charge any cart, iMd, s. 4, 
 waeon or other vehicle not intended to be used to sell from, carta, &c., not 
 
 ^ , ^ used to sell 
 
 shall be permitted to remove the same to some of the adjoin, from to be re- 
 ing streets, and so arrange them upon the centre or crown 
 thereof as to cause no obstruction to the free passage of all 
 vehicles upon either side of the same. Any person or persons 
 violating the provisions of this and the preceding three sec- 
 tions, shall be subject to a penalty of five dollars for each and penalty. 
 every ofionce, to be collected as other city fines and forfeitures 
 are collected. 
 
 48. Wood carts are not permitted to occupy Camden street, Reso^ution^No^ 
 between Charles and Light streets, as a stand, under a penalty wood carts on 
 
 Camdpn strGCt 
 
 of five dollars for each ofifence ; but Conway street, between penalty. 
 Charles and Light streets, is hereby designated as a stand for 
 said carts. 
 
 49. It shall not be lawful for any person or persons to use Re^°jJj"^t^73No^^ 
 the bed of German street, between Howard and Eutaw streets. Furniture^ ^^^_ 
 as a furniture wagon stand, under a penalty of five dollars for man street. 
 each ofience, to be recovered as other fines are recoverable ; Penalty. 
 
 but the bed of German street, between Eutaw and Paca streets, 
 may be so used until otherwise determined by the Mayor and 
 City Council of Baltimore. 
 
140 Carriages, Horses, Boats and Soows. 
 
 Article VIII. — Ordinances. 
 
 No i.Nov. 28, 50. It shall not be lawful for any hack, carriage or other 
 Hacks, &c., in Vehicle for hire, to stand or be rnovinsr about Monument square. 
 
 Monument ' , 
 
 Square. or ou Calvcrt street between Baltimore and Lexington streets, 
 
 nor on Fayette street, between St. Paul and North streets, ex- 
 cept when actually employed : Provided, that not more than 
 
 MoundBattir ^"^"^ TOWS of hacks Tiot exceeding five in a row, may stand 
 onument. north of the Battle Monument, with their horses heads facing 
 to the south, and not less than fifteen feet north of the chain 
 around the Monument, thirty feet south of the flagstones across 
 the south side of Lexington street, and thirty feet from the 
 kerbstones on the east and west side of Monument square ; each 
 
 Penalty. and cvcry person violating this section shall be fined not less 
 
 than two nor more than four dollars for each and every offence, 
 to be collected as other fines and forfeitures are now collected. 
 
 Note.— By Res. No. 6, Nov. 21, '67, James Miller and others had the priv- 
 ilege granted them of standing drays on Pratt street, between Spear's wharf 
 and Smith's wharf, revokable however, by the Mayor, whenever in his judg- 
 ment the public interests require it. 
 
Chimneys. 
 
 147 
 
 Article IX. — Statute. 
 
 ARTICLE IX. 
 
 CHIMNEYS 
 
 BTATDTE. 
 
 Licensing and regulating chim- 
 ney sweeping. 
 
 OKDLNANCES. 
 
 1. Superintendents of Chimney 
 
 Sweepers to be appointed and 
 licensed: penalty. 
 
 2. To give bond. 
 
 3. Duty of Superintendents: pen- 
 
 alty for refusing to allow chim- 
 neys to be swept. 
 
 4. Penalty for neglect of duty by 
 
 Superintendents. 
 
 5. Fees. 
 
 6. Penalty when chimneys take 
 
 fire : provisos. 
 
 7. Flues of chimneys in which an- 
 
 thracite coal is used regulated. 
 
 8. Width of funnels regulated: 
 
 notice. 
 
 9. Timber resting on chimneys 
 
 regulated. 
 
 10. 
 
 11. 
 
 12. 
 
 13. 
 14. 
 
 15. 
 
 16. 
 
 17. 
 
 18. 
 
 Superintendents to enforce regu- 
 lations. 
 
 Their duty in relation to new 
 houses: liability of owners: 
 charge for scraping. 
 
 Chimneys, &c., annoying neigh- 
 bors or endangering property 
 prohibited: penalty. 
 
 Spark catchers : penalty. 
 
 Pipes through sides of wooden 
 houses or through wooden 
 ceilings, &c., prohibited : pen- 
 alty. 
 
 Smoking meat prohibited: pro- 
 viso: penalty. 
 
 Superintendents to examine fire- 
 places, &c. : notice to Fire In- 
 spector: penalty. 
 
 Annual report of Superintend- 
 ents. 
 
 Hours for sweeping regulated: 
 penalty. 
 
 STATUTE 
 
 Tl\e Mayor and City Council have power to license and p.^L.L,,,art.4, 
 regulate the sweeping of chimneys, and fix the rates thereof, Ljcejmngand 
 and to regulate the sweeping of any chimney by the neglect ch.mney sweep- 
 of which the city may be endangered, and to ascertain the 
 width of those to be built in the city. 
 
148 
 
 Chimneys. 
 
 Article IX. — Ordinances. 
 
 ORDINANCES 
 
 No. 48, 8. 1, R. 1, There shall be annually appointed and licensed eleven 
 Superintend- Superintendents of Chimney Sweepers, who shall be assigned 
 
 ents of chimney '■ J r J <=> 
 
 bTr^iointed ^^ separate districts of the city, as nearly equal as possible, 
 and licensed, ^^j^^j^j, ^)^g direction of the Mayor, and who shall reside in 
 their respective districts, and no person shall exercise the 
 employment of Superintendent of Chimney Sweepers until 
 he shall have obtained from the Mayor a license under the 
 seal of the corporation, on pain of forfeiting for every such 
 offence a sum not exceeding five dollars. 
 
 Ibid, s. 2. 
 To give bond. 
 
 Ibid, s. 3. 
 
 Duty of Super- 
 intendents. 
 
 2. Before any license shall be granted or renewed, every 
 person appointed Superintendent of Chimney Sweepers shall 
 give bond to the Mayor and City Council of Baltimore in the 
 penal sum of one hundred dollars, with security to the satis- 
 faction of the Mayor, with condition that he will faithfully 
 execute the employment of Superintendent of Chimney 
 Sweepers in his district, will duly pay and satisfy all just 
 claims that may be against him as such, and in all things 
 well and faithfully perform the several duties required by the 
 ordinances of the corporation relating to his office. 
 
 3. Each Superintendent is hereby directed to apply to the 
 occupier or occupiers of every house and of every room and 
 apartment within his district for permission to sweep any 
 chimney in such house, or belonging to such room, which has 
 been so much used as to require, in the opinion of the Super- 
 intendent, to be swept, and has not been swept at any time 
 within the term of four weeks next preceding the day of such 
 application, and if the said occupier or occupiers will not 
 then permit such Superintendent to sweep such chimney, or 
 will not appoint a reasonable time within twenty-four hours 
 thereafter for the doing thereof, or will not permit such 
 chimney to be swept at the time which may be so appointed, 
 
Chimneys. 149 
 
 Article IX. — Ordinances. 
 
 he, she or they shall pay to the superintendent the same sum penalty tor re- 
 
 ./. 1,. Ill 11- 1 f^using to allow 
 
 of money as if such chimney had been swept by him, and ci'imneys to be 
 
 •' •' I J 7 swept. 
 
 shall forfeit and pay to the corporation a sum not exceeding 
 five dollars, and in such case the superintendent shall be 
 and he is hereby directed to apply each and every day for 
 the sweeping of such chimney until the same be actually 
 swept, and upon every such application, if the occupier or 
 occupiers of such house or room will not permit him to 
 sweep such chimney, he shall be entitled as iiforeaflid, to re- 
 ceive each and every day from such occupiers the same sum 
 of money as if said chimney had been swept by him, and 
 every such occupier or occupiers shall forfeit and pay to the 
 corporation for each and every such offence a sura not ex- 
 ceeding five dollars. 
 
 4. If any of the superintendents do not, every four weeks ibia, s. 4. 
 apply as aforesaid for permission to sweej) each and every Penalty for ne- 
 chimney within his district which, by this ordinance ought {;y,^^"Pf;;''- 
 to be swept, and each and every day repeat such application 
 as aforesaid, he shall, for every such default, forfeit and pay 
 to the corporation a sum not exceeding five dollars. 
 
 5^ No superintendent, licensed as aforesai'l, shall demand ij''"-^- ^-^,1 ,9^ 
 or receive from any person, directly or indirectly, for his 's"- 
 services, any other or greater fees or rates tlian are herein Fees. 
 allowed, under the penalty of five dollars for every such 
 offence, to wit : for a chimney one story high, ten cents ; for 
 a chimney two stories high, fifteen cents ; for a chimney 
 three stories high, twenty cents ; for a chimney four or more 
 stories high, twenty-five cents. 
 
 6. If any chimney in the city shall take fire, and blaze no.48,s.6,r. 
 out at the top, the superintendent within whose district the Penauy^whec^ 
 said chimney shall be, shall forfeit and pay to the corpora- fic- 
 tion the sum of ten dollars ; provided, nevertheless, that Proviso, 
 such forfeiture shall be paid by the occupier or occupiers of 
 
150 Chimneys. 
 
 Article IX. — Ordinances. 
 
 the house or room wherein such chimney may be, in case he, 
 she or they would not permit such chimney to be swept, 
 upon application having been made therefor by the said 
 superintendent, agreeably to the provisions of this ordi- 
 Proviso. nance ; and provided, also, that the said superintendent 
 
 shall not be liable to the fine imposed by this section, where 
 the fire occurs in a chimney in which is placed a Franklin 
 or other stove, or in a stove pipe or chimney so fixed as to 
 prevent the thorough sweeping and cleansing of such chimney. 
 
 Ibid, s. 7. 7. The flue of any chimney in which anthracite coal is 
 
 Flues of chim- uscd as a fucl shall be exempt from the provisions of this 
 
 neys in which 
 
 anthracite coal ordinance requiring that flues shall be swept once in every 
 
 is used, regula- j. o r j 
 
 **''• four weeks, but such flues shall be swept once in every year, 
 
 if thought necessary by the superintendent. 
 
 No. 38, June?, 8. If any person or persons shall erect or build, or cause 
 Width of fun- to be erected or built, any chimney within the limits of the 
 
 nels regulated. 
 
 city of less width than eight inches square throughout the 
 funnel, he, she or they shall forfeit and pay a fine of twenty 
 dollars, and shall cause the same'to betaken down within ten 
 Notice. days after notice so to do shall have been given to him or them 
 
 by the Fire Inspector, under a penalty not exceeding twenty 
 dollars, and a further sum of five dollars per day for each and 
 every day thereafter the same shall be suffered to remain. 
 
 No. 48, 8.9, R. 9. It shall not be lawful for any person or persons to 
 Timber resting ercct or build, Or cause to be erected or built, any chimney 
 
 on chimneys .... . . • 
 
 regulated. witliiu the limits of the city which shall have any joist or 
 timber resting on or entering the same further than will leave 
 at least four inches between the end thereof and the inside 
 of the chimney, and every person who shall refuse to cause 
 any such joist or timber so placed by him, or his authority, 
 to be removed within ten days after notice so to do, shall for- 
 feit and pay a like penalty as is imposed by the preceding 
 section. 
 
Chimneys. 151 
 
 Article IX. — Ordinances. 
 
 10. It shall be the duty of the Superintendents of Chim- ibid,s.io. 
 ney Sweepers to carry into effect in their respective districts superintend- 
 the provisions of sections eight and nine of this ordinance, regulations. 
 
 11. Each superintendent of the sweeps is hereby directed ihid.s. ii. 
 to apply to the owner or owners of any new built house xheir duty in 
 within his district for permission to scrape the chimneys be- houses. 
 longing to such house before the same is occupied, and if the 
 
 said owner or owners will not permit such superintendent to Liability of 
 scrape such chimney or chimneys, and shall suffer the same 
 to remain unscraped until such house is occupied, the owner 
 or owners shall pay to the superintendent the same sum of 
 money as if such chimneys had been scraped by him, and 
 shall forfeit and pay to the corporation as a fine a sum not 
 exceeding five dollars : and no superintendent shall demand charge for 
 
 ^ _ _ scraping. 
 
 or receive from any person, directly or indirectly, under the 
 penalty of five dollars for each and every offence, more than Penalty. 
 twenty-five cents for each funnel so scraped. 
 
 12. No person shall erect or continue to use any smoke- md, s. i-a. 
 
 ..,.,.. 1 No. 91, June 12, 
 
 stack, chimney-flue or stove-pipe within the city m such '7i. 
 manner as that the smoke or cinders therefrom shall annoy chimneys an- 
 
 , „ noyingneigh- 
 
 anv neighbor, or endanger the surrounding property byhre, borsorendan- 
 
 J O ^ o cjiiu.- gering property 
 
 and upon the complaint of a majority of the neighbors to prohibited. 
 the Fire Inspector, he may, in his discretion, or he may on 
 his own motion, order the same to be altered or improved, 
 as he may deem best for the protection of the surrounding 
 property ; and if any person shall refuse or neglect to alter 
 or improve the same within ten days after notice from the Penalty. 
 Fire Inspector, he shall forfeit and pay a fine of twenty dollars, 
 and ten dollars for each and every day thereafter until such 
 order shall be obeyed ; the said fines to be collected as other 
 fines are collectable. 
 
 13. All chimneys, smoke-stacks or stove-pipes not over No. ir, Mar. n, 
 fifty feet high, connected with backsraith shops, steam en- n-91-J"°«:''^. 
 gines or furnaces, shall be provided with spark-catchers, so spark catchers. 
 
152 
 
 Chimneys. 
 
 Article IX. — Ordinances. 
 
 as to prevent the cinders from annoying tlie citizens or endan- 
 gering the property in the neighborhood ; and the Fire In- 
 spector shall see that this section is complied with, and in 
 Penalty. cascs of non-compliancc the party offending shall be subject to 
 
 the same penalties as are provided in the preceding section. 
 
 No. 48, s. 12, 
 R. 0. 
 
 14. No person shall erect a stove, and conduct the pipe 
 Pipes through tlicrcof tlirough the side or end of any wooden house, or the 
 
 sides of wooden i -i t 
 
 houses or wood- rooi Or woodcu Celling of any building, under a penalty not 
 
 en ceilings, &c, ^ r> J »; i J 
 
 prohibited. exccediug ten dollars, and shall forfeit and pay the same 
 Penalty. suiii for cach and every month thereafter, until such pipe 
 
 shall be removed. 
 
 Ibid, s. 13. 15. It shall not be lawful to make or cause to be made 
 
 Smoking meat any firc for the purpose of smoking any bacon or other meat 
 
 prohibited. ^ •' r r ^ & .; ^ 
 
 Proviso. in any warehouse or other building, except in houses built 
 
 expressly for that purpose, and in the opinion of the Fire In- 
 spector, made secure, so as not to endanger the adjoining 
 property, and any person offending against the provisions of 
 
 Penalty. this scctiou shall forfeit and pay the sum of twenty dollars, 
 
 and the further sum of ten dollars for each and every day 
 the practice shall be continued. 
 
 Ibid, s. 14. 16. The Superintendents of Chimney Sweepers in each 
 
 Superintend- district shall, from time to time, examine in their respective 
 
 ents to examine 
 
 tire places, &c. districts the fire places and chimneys of all houses, out- 
 houses and buildings, and all stoves and stove pipes, and 
 the place where ashes, hay, straw or other combustible mat- 
 ters are or shall be kept, and all smoke houses ; and upon 
 
 Motice to Fire finding any of them defective or dangerous, shall give notice 
 to the Fire Inspector, who shall in his discretion, order the 
 same to be removed, altered or amended, and if any person 
 shall neglect or refuse to obey such order, such person shall 
 
 Penalty forfeit and pay a sum not exceeding five dollars, and shall 
 
 forfeit and pay the same amount each and every week there- 
 after, until such order shall be obeyed. ' 
 
Chimneys. 153 
 
 Article IX. — Ordinances. 
 
 17. It shall be the duty of the Superintendent of Chim- ibid, s. 15. 
 ney Sweepers, in the month of December of every year, to Annual report 
 return to the Mayor* an enumeration of all the houses erected ems. 
 
 in their respective districts, distinguishing the number of 
 houses of one, two, three, four or more stories, under the Penalty. 
 penalty of twenty dollars. 
 
 18. It shall not be lawful for any person to send out, for it>id, s. le. 
 the purpose of sweeping or scraping chimneys, any boy or Hours for 
 boys, or any person engaged as a chimney sweep, from the '•*'''''• 
 first of November to the first of April, inclusive, at an 
 earlier hour than sunrise ; any person violating this section i-ei.aity. 
 shall forfeit and pay the sum of five dollars. 
 
 * See as to permits to erect buildings, Article XLIX, Taxes. 
 
154 City Hall. 
 
 Article X. — Ordinances. 
 
 May 15, '7ft 
 
 ARTICLE X. 
 
 CITY HALL. 
 
 ORDINANCES . 
 
 SUPERINTENDENT OP CITY HALL. 
 
 1. Duties: salary. 
 
 CITY MESSENGER. 
 
 2. Duties: salary. 
 
 WATCHMEN. 
 
 3. Day Watchmen : duties : salaries. 
 
 4. Night Watchmen : duties : sala- 
 
 ries. 
 
 5. Substitutes. 
 
 ENGINEERS AND FIREMEN. 
 
 6. Duties: salaries. 
 
 ABSENCE PROM DUTY. 
 
 7. Permission of Mayor. 
 
 ORDINANCES . 
 SUPERINTENDENT OF CITY HALL. 
 
 No. 92, S3, 1. There shall annually be appointed, as other citj"- 
 
 Duties,' officers are appointed, a Superintendent of the City Hall, who 
 
 shall at all times be under the supervision and control of the 
 Mayor. He shall be authorized to appoint, subject to the 
 approval of the Mayor, such persons whose services may be 
 required to keep the City Plall at all times in a condition of 
 cleanliness, and shall monthly present the pay roll of such • 
 persons to the Mayor for his approval. He shall promptly 
 report to the Mayor all omissions of duty on the part of 
 those charged with the duties respectively of heating, clean- 
 ing and watching the City Hall building. He shall, from 
 time to time, as necessity may require, make requisitions for 
 fuel and such articles as may be necessary for general use 
 about the City Hall, subject to the approval of the Mayor, 
 and shall enter in a book all such requisitions as may be ap- 
 proved by the Mayor. For his services he shall be paid an 
 
City Hall. 155 
 
 Article X. — Ordinances. 
 
 annual salary of fifteen hundred dollars. Before entering salary. 
 upon the discharge of his duties he shall execute a hond in 
 the sum of ten thousand dollars for the faithful discharge of 
 his trust. 
 
 CITY MESSENGER. 
 
 2. There shall be annually appointed, as other city offi- iwd. s. 4. 
 cers are appointed, a City Messenger, whose duty it shall be Duties, 
 to attend to the office of the Mayor during business hours, 
 deliver messages for the Mayor's, Register's and Comptroller's 
 offices, and perform such other duties as may be required of 
 
 him by the Mayor. He shall, as a compensation for his 
 services, receive an annual salary of nine hundred dollars, salary. 
 
 WATCHMEN. 
 
 3. There shall be annually appointed, as other city offi- iMd, s. 5. 
 cers are appointed, three day watchmen of the City Hall, Day watchmen, 
 whose duty it shall be to attend daily from 6 o'clock A. M. Duties. 
 
 to 6 o'clock P. M. They shall each wear an appropriate 
 badge to designate their office, and perform service in such 
 portion of the building as they may from time to time be 
 assigned to by the Mayor. They shall prevent all improper 
 persons from entering the building, and promptly remove 
 therefrom all persons who may be gailty of any misconduct. 
 They shall inform all persons who desire it as to the locality 
 of the offices in the building, and if required, conduct the party 
 seeking the information to the same. They shall generally 
 perform such services as may be necessary for the protection of 
 the building, and for the accommodation of those who may 
 enter it on business, or for other proper purposes. They shall 
 each receive for their services one thousand dollars per annum. saUries. 
 
 4. There shall be annually appointed as other city officers ibid, s. 6. 
 are appointed, two night watchmen of the City Hall, whose mght watch- 
 duty it shall be to attend thereto, from six o'clock P. M. to Duties, 
 six o'clock A. M. ; one of them shall perform duty in the 
 basement story and cellar of the building, and the other on 
 
156 
 
 City Hall. 
 
 Article X. — Ordinances. 
 
 Salaries. 
 Ibid, s. S. 
 Substitutes. 
 
 the floors above the basement. Their duty shall be to move 
 about the parts of the building assigned respectively to their 
 care and charge, and should they, or either of them sleep, or 
 lie down when on service, he or they shall be immediately dis- 
 charged from office. As a compensation for their services they 
 shall each receive an annual salary of one thousand dollars. 
 
 5. Neither the day or the night watchmen shall place 
 any substitute on duty when sickness or other circumstances 
 may render their absence necessary, unless such substitute 
 shall first be approved by the Mayor. 
 
 ENGINEERS AND FIREMEN. 
 
 6. There shall be annually appointed as other city 
 
 officers are appointed, two engineers and four firemen, whose 
 
 duty it shall be to attend to the heating department of the 
 
 building, and shall employ or appropriate such hours in the 
 
 prosecution of their respective duties as may be designated 
 
 by the Mayor from time to time as necessity or circumstances 
 
 may require or suggest. The engineers must be practical 
 
 machinists, who will be capable of making such repairs to 
 
 the heating apparatus as may be required. The engineers 
 
 shall each receive an annual salary of twelve hundred dollars, 
 
 and the firemen shall each receive an annual salary of nine 
 
 hundred dollars. 
 
 ABSENCE FROM DUTY. 
 
 7. None of the foregoing officers shall absent themselves 
 from duty without the permission of the Mayor. 
 
 Ibid,s. 7. 
 
 Duties. 
 
 Salaries. 
 
 Ibid, a. 8. 
 Permission of 
 Mayor. 
 
 Note.— For the ordinances providing for building of City Hall, see No. 
 73, Aug. 5, '68 ; No. 69, Oct. 18, '69 ; No. 1, Nov. 4, '69 ; No. 4, Nov. 23, '69 ; 
 No. 10, Jan. 30, '71 ; No. 112, June 24, '71 ; No. 125, Sept. 30, '71; No. 8, 
 Dec. 21, '71 ; No. 83, June 24, '72, and No. 54, June 9, 1874, and resolutions 
 No. 27, Dec. 22, '69, and No. 246, Oct. 25, '70. 
 
 Previous ordinances and resolutions on this subject are No. 98, Oct. 16, 
 '60 ; No. 58, Sept. 25, '65 ; No. 48, July 23, '67 ; Res. No. 123, June 15, '63 . 
 No. 1, Nov. 14, '67; No. 38, Dec. 3, '67; No. 334, July 1, '68; No. 339, July 
 1, '68. Res. March 16, '69, and April 1, '69. See " History of the City Hall," 
 published by City, 1877, under Resolution No. 493, Oct. 29, 1875. 
 
 As to City Hall Stock, see Art. XL VI, Stocks, Loans and Finance. 
 
Comptroller and Kegister. 
 
 157 
 
 Article XI. 
 
 ARTICLE XI. 
 
 COMPTROLLER AND REGISTER. 
 
 OKDINANCES. 
 
 COMPTKOLLBR. 
 
 1. Appointment of Comptroller: 
 
 salary : term of office : bond. 
 
 2. Duties of Comptroller. 
 
 3. To supervise the fiscal concerns 
 
 of the corporation. 
 
 4. To examine contracts, issue li- 
 
 censes, &c.: open accounts with 
 all the departments : certify to 
 correctness of claims: report 
 all contracts to Council : report 
 when appropriations are ex- 
 hausted : examine and certify 
 to correctness of pay rolls. 
 
 5. Public improvements. 
 
 6. To represent city when property 
 
 insured is destroyed. 
 
 7. Insurance of city property with- 
 
 out the city. 
 
 8. Comptroller to bid at public sale 
 
 for property sold for taxes. 
 
 9. To sell for cash property pur- 
 
 chased : proviso. 
 
 10. Payments to Collector and Reg- 
 
 ister. 
 
 11. Comptroller to take charge of 
 
 refuse material : to sell same 
 and old metal. 
 
 12. Refuse materials, &c., to be 
 
 handed over to Comptroller. 
 
 13. Separate account of refuse ma- 
 
 terial. 
 
 14. Clerks : their duties and salaries. 
 
 15. Bonds of clerks. 
 
 16. When chief clerk to act in ab- 
 
 sence of Comptroller. 
 
 REGISTER. 
 
 17. Register to be appointed : to give 
 
 bond. 
 
 18. Deputy Register: his bond : oath. 
 
 19. When deputy may officiate. 
 
 20. Council to fill vacancy: Mayor 
 
 to summon the Council to fill 
 vacancy. 
 
 21. Duties of the Register : city seal: 
 
 fees : exception. 
 
 22. Further duties: record of ap- 
 
 pointments : how to dispose of 
 and draw for money: ac- 
 counts: to report to Council. 
 
 23. When authorized to obtain ad- 
 
 vances from bank. 
 
 24. When Register may borrow. 
 
 25. Duty as to claims against the city. 
 
 26. Payments by Register. 
 
 27. Office hours. 
 
 28. Clerk and assistant clerk : addi- 
 
 tional clerk : compensation : 
 extra assistance : proviso. 
 
 29. Salaries of Register and deputy : 
 
 fees, how disposed of. 
 
 ACCOUNTS. 
 
 30. System of keeping accounts: 
 
 moneys paid out : moneys re- 
 ceived. 
 
 31. Tuesdays and Fridays, disburs- 
 
 ing days. 
 
158 Comptroller and Kegisteb. 
 
 Article XI. — Ordinances. 
 
 ORDINANCES . 
 COMPTROLLER. 
 No. 21, Feb. 28, 1. Biennially, in the month of January, there shall he 
 
 '71 
 
 No. 9.8. 1, R. o. appointed, in the manner that other city officers are appointed. 
 
 Appointment of a qualified person, who shall he a good accountant, to be 
 called Comptroller of the City of Baltimore, at a salary of 
 
 Salary. two thousaud fivc hundred dollars per annum, who shall 
 
 hold his office for two years, and until his successor shall 
 
 Term of office, liavc qualified ; his term of office shall commence on the first 
 Monday of March next succeeding his appointment ; he shall 
 be liable to removal from office in the same manner as the 
 City Kegister ; and before entering upon his duties he shall 
 execute to the Mayor and City Council of Baltimore a good 
 
 Bond. and sufficient bond, to be approved by the Mayor, in the sum 
 
 of ten thousand dollars, conditioned for the faithful dis- 
 charge of his duties, and shall also take the usual oath of 
 office. 
 
 No. 9, s. a,R. 2. It shall be the duty of said Comptroller to examine. 
 Duties of comp- audit, adjust and settle all accounts whatsoever in which 
 
 troller as to ac- , • . i • i i i t 
 
 counts, &c, the corporation is concerned, either as debtor or creditor, 
 where provision for the settlement thereof is made by law, 
 and the settlement of which is not especially committed by 
 ordinance to some other authority ; and where no such pro- 
 vision, or insufficient provision has been made, he shall ex- 
 amine such accounts, and repot t to the City Council, through 
 the Mayor, the facts relating thereto, with his opinion 
 thereon. 
 
 Ibid, 8. 3. 3. The said Comptroller shall supervise the fiscal con- 
 
 To supervise cerns of all the departments, bureaus and officers of the cor- 
 
 the fiscal oon- . i«iiii • ti ^ it 
 
 cerns of the poratiou which Shall reccivc or disbursc the public moneys, 
 
 corporation. _ i ./ j 
 
 or which are charged with the management or custody 
 thereof, and may require at any time from these departments. 
 
Comptroller and Register. 159 
 
 Article XI. — Ordinances. 
 
 bureaus or officers, an account, in writing, of any moneys 
 or property of the corporation in their hands or under their 
 control ; he shall also annually charge the City Collector 
 with the amount of the annual levy, and credit him with 
 the amount received as liaving been collected on such levy. 
 
 4. Said Comptroller shall examine all contracts made by imu, s. 4. 
 the city officers, all requisitions upon the city treasury, and to examine 
 
 contracts, issue 
 
 accounts of every nature against the city, issue all licenses, ucensKs.&c. 
 numbers of carriages, wagons and other vehicles,* he ac- 
 counting with the Register for the same, and paying over to 
 him the fees received for the same ; he shall open accounts open accounts 
 
 with all the de- 
 
 for appropriations with all the departments of the city gov- panments. 
 
 ernment, and report immediately to the Mayor wlien any 
 
 department shall overdraw or exceed its appropriations ;t he 
 
 shall keep the titles to all property owned by the city, and 
 
 see that the property of the city is maintained in good con- 
 
 ditionl and that that part of it lying without the limits of 
 
 the city is regularly insured ; he shall certify to the correct- certify to the 
 
 •' ~ '^ . correctness of 
 
 ness of all claims, of whatsoever description, upon which claims. 
 money is due. and no check shall issue but upon his endorse- 
 ment of its correctness, which shall be authority to the Reg- 
 ister to issue his check, to be countersigned by the Mayor ; he 
 shall report at such time as is required by law § after the meet- f^^'^^'^^^^: 
 ing of the Council in annual session, all contracts made by the "'■ 
 corporation, as directed or authorized by the Council, and not 
 performed or completed, or upon which any money remains 
 unpaid, with the amount of money remaining unpaid on 
 each;1f he shall report forthwith to the Council, through the R^-^p-;-]^-^ 
 Mayor, every case in which an appropriation is exhausted, are exhausted. 
 
 * See Horses, Carriages, Boats and Scows, Article VIII, and Licenses, Arti- 
 cle XXXIII. 
 t See further, sees. 34-37, p. 24, an/e. 
 X See Inspector of Buildings, p. 116, ante. 
 . I See sec. 33, p. 23, ante. 
 \ See p. 62, &c., ante. 
 
160 * Comptroller and Register. 
 
 Article XI. — Ordinances. 
 
 while its object is not completed, and accompany such report 
 with a statement of moneys which have been drawn on such 
 appropriations, the particular purposes for which they were 
 drawn, and the cause of the deficiency, and an estimate of 
 the amount that will be necessary to complete the object of 
 Examine and the appropriation ; he shall examine into and certify the 
 rectness of pay sufficicncy of all bonds required to be taken by the Mayor ; 
 he shall examine and certify to the correctness of all pay- 
 Affidavit, rolls and salaries of all officers of every grade, affidavits be- 
 ing made in all cases where required before the justice of the 
 peace appointed by the city within the district where said 
 parties reside, or may be stationed for the time being, before 
 said pay-rolls are submitted for settlement. 
 
 Reg. iVo. 128, 5. The Comptroller and Register shall not accept, pass, 
 
 June 27, '65. , i -n i • i • i 
 
 Public im- Settle or pay any bill or order, m their departments, tor 
 
 provements. ,,.. ,, ..,, , 
 
 public improvements, unless due provision has been made 
 for the payment of the same by an act of legislation making 
 an appropriation for such purpose.* 
 
 No. 9,8. 7, R. 6. The Comptroller is authorized to represent the city in 
 Torppresent ^^ cases whcrc damage has or may occur from fire to any 
 eny hiswedTs^' property of the corporation, which may have been insured, 
 
 destroyed. 
 
 and any moneys that may be awarded to the city by reason 
 of loss from fire, shall be paid into the city treasury, and 
 the Inspector of Buildings is hereby authorised to expend the 
 same in repairing such property as may have been injured 
 by fire, should he, in conjunction with the Mayor, deem it 
 expedient to make such repair, and if not deemed expedient, 
 the money received for such damage by fire, shall be paid 
 by him into the city treasury, and he shall draw on the 
 Register, with the approbation of the Mayor, for the amount 
 of such repairs. 
 
 * See Const., sec. 7, p. 6, ante. 
 
 For duties of Comptroller as keeper of title deeds, «&c., see p. 65, ante. 
 
Comptroller and Register. 161 
 
 Article XI. — Ordinances. 
 
 7. Hereafter the Comptroller is authorized and directed Res. no. 197, 
 
 ^ . . June 7, '72. 
 
 to cease insuring the property owned by the city and lying insurance of 
 
 city property. 
 
 within the corporation limits from loss or damage by nre ; 
 provided, however, that nothing herein shall prevent the Proriso. 
 said Comptroller from taking proper precautionary measures 
 to insure and keep insured all property owned by the city 
 lying without the limits of the City of Baltimore. 
 
 8. The Comptroller is hereby authorized and directed, no. 47, s.i, 
 
 ^ "" July 15. '62. 
 
 ler to 
 
 , . , July IS, '« 
 
 when in his opinion the interest of the city requires it, to bid comptrou 
 
 bid at public 
 
 for account of the Mayor and City Council of Baltimore, on sale for proper- 
 
 •' " ty sola for 
 
 any real or leasehold property offered at public sale by the taxes. 
 Collector to pay taxes in arrears due the city of Baltimore 
 and State of Maryland, to such amount as he may deem 
 necessary to pay said taxes, together with interest and ex- 
 penses due and chargeable thereon, and no more ; any pro- 
 perty that may be so purchased shall be held subject to re- 
 demption at any time within one year and a day from the day 
 of sale, by the owner thereof or other parties in interest, as 
 provided for by the laws of the State and ordinances of the 
 city. 
 
 9. The Comptroller is hereby authorized and directed to ibid, s. 2. 
 sell for cash, any property that may be purchased by him Jo^seu forj=ash 
 as aforesaid, and not redeemed within the time limited by chased. 
 
 law and ordinance, in such way as he may think best, and 
 as soon as practicable, deliver to the purchaser or purchasers 
 a deed for the city's interest in the same ; provided however. Proviso, 
 that said property shall be sold for a sum not less than the 
 amount of taxes, together with all costs, charges and interest 
 due and chargeable thereon. 
 
 10. The Comptroller is hereby directed, as soon as he has md, s. 3. 
 received the money for the property sold by him as aforesaid, Pa^ments^to^ 
 to pay over to the Collector the amount of taxes, together Register. 
 with all interest and charges due and chargeable on said 
 
162 Comptroller and Register. 
 
 Article XI. — Ordinances. 
 
 property on the books of the Collector, and any balance that 
 may be left, after paying the costs and expenses incurred by 
 the Comptroller in the purchase and sale of said property, 
 shall be by him paid over to the Register of the City and 
 pass into the city treasury. 
 
 No. 13. s. 1, 11. It shall be the duty of the Comptroller to take 
 
 Ap'l 4, '62. 
 
 Comptroller to charge of and keep an account of all refuse material that 
 
 take charge of 
 
 refuse material, may accumulatc in the City Commissioner's, and other de- 
 partments of tlie city, the articles laid aside as useless at the 
 said departments, to be taken charge of and accounted for 
 by those having supervision of the same. And it shall also 
 
 Toaeiiow: bc the duty of the Comptroller to dispose of at private or 
 
 metal and re- , 
 
 fuse materials, public 8ale_, to the bcst advantage, all old metal and refuse 
 materials of every kind, and pay the proceeds over to the 
 City Register, specifying at the same time the articles, price, 
 and to whom sold. 
 
 Ibid, s. 2. 12. The City Commissioner and other persons having 
 
 Refuse materi- City property uudcr their charge, shall set aside, on or be- 
 
 als, &c.. to be 
 
 handed over to fore the first day of each month, such old metal and other 
 
 Comptroller. '' ' 
 
 materials as mentioned in the preceding section, and hand 
 the same over to the Comptroller, they taking and keeping 
 an account thereof. 
 
 Ibid, 8. 4. 13. The Comptroller is hereby directed to open a separate 
 
 counrof "efuse account for the department of refuse material. 
 
 material. 
 
 No 2. Nov. 29, 14. The Comptroller is authorized to employ in his office a 
 
 '76; ^f 0.28, Mar. . ' . ^ '' . 
 
 30, '70. chief clerk, and two assistant clerks, who shall perform such 
 
 Clerks. duties as may be required of them by the Comptroller. The 
 
 Duties. salary of the chief clerk of the Comptroller's department 
 
 No. 21, Feb. 28, is fixcd at the sum of fourteen hundred dollars : that of the 
 
 '71. , ' 
 
 No. 2, Nov. 29, first assistant clerk at the sum of eleven hundred dollars 
 Salaries. per auDum, payable monthly, and that of the second assist- 
 
 ant clerk at the sum of one thousand dollars per annum, 
 payable monthly. The Comptroller is authorized to obtain 
 
Comptroller and Register. 163 
 
 Article XI. — Ordinances. 
 
 such extra assistance in liis office as may he required ; pro- No. 55, April 26, 
 
 • 1 1 1 11 111 1 , '"''; N0.59,' 
 
 vided, the whole expense shall not exceed the sum of six A"?- '3- '62. 
 
 ^ Extra assist- 
 
 hundred dollars. *'»<=*• 
 
 15. The chief clerk of the Comptroller's department no. 44, s. 1, 
 
 ^ '■ June 4, '77. 
 
 shall be required to execute to the Mayor and City Council, Bonds of cierks. 
 a good and. sufficient bond, to be approved by the Mayor 
 and Comptroller, and certified by the City Solicitor, for the 
 sum of five thousand dollars, conditioned for the faithful 
 discharge of the duties of his office ; and the other clerks in 
 said office shall, in the same manner or form, give good and 
 sufficient bond in the sum of two thousand dollars. 
 
 16. In the event of the necessary absence of the City ibw, 8.2. 
 Comptroller from his office from sickness or any other cause, when chief 
 
 ^ clerk to act in 
 
 the chief clerk may, by obtaining the written certified ^^- ^om'^pttMei. 
 thority of the Mayor (which certificate must, on each day 
 that the Comptroller may be absent, be renewed) issue war- 
 rants to the City Register, authorizing the receiving of 
 moneys for the use of the city, or draw warrants on that 
 office for the payment of claims against the city ; provided Proviso, 
 the City Register may, if he should entertain doubts as to 
 the validity of such claim, suspend the payment of the same 
 until such time as the Comptroller may resume the duties 
 of his office. 
 
 REGISTER. 
 
 17. There shall be biennially appointed in the month ^^ No-^^gi'j^-^ 
 January, by a convention of both branches of the City aij^esj no. esj^ 
 Council, a person of integrity to serve as Register of the ae, April ae, '64. 
 City, who shall perform the duties required of him either Reguter to be 
 by this or any other ordinance, and who shall, before he 
 
 enters upon the duties of his office, execute a bond to the Topivebond. 
 corporation, with such securities as the Mayor and presi- 
 dents of the respective branches of the Council may approve, 
 in the penal sum of fifty thousand dollars, and with the 
 
164 
 
 Comptroller and Register. 
 
 Article XI. — Ordiuances. 
 
 No. 8, s. 2, R. 
 o. 
 
 May appoint a 
 deputy. 
 
 condition that he will faithfully discharge his duties and the 
 trust reposed in him, which bond shall be deposited by the 
 Mayor in such fire proof vault as he may select during his 
 term of office, and at the expirdtion thereof, be delivered by 
 him to his successor. 
 
 18. The Register is hereby authorized and directed to ap- 
 point a deputy, who shall make all collections for the Com- 
 missioneis of Finance for rents of city property, and who 
 shall perform all such duties of the office as the Register 
 shall from time to time prescribe and direct, for whose acts 
 the Register shall be held responsible ; the Register shall 
 have power to require from his said deputy a bond, with 
 condition for the faithful performance of his duties, with 
 such penalty and such security as he may deem proper, and 
 before he enters upon the duties of his office, the said de- 
 puty shall take the oath prescribed to officers of the corpora- 
 tion.* 
 
 19. In the event of the necessary absence of the Register 
 from sickness or other cause, the said deputy, with the 
 written assent of the Mayor, shall have full power and au- 
 thority to exercise and perform all the duties of the Reg- 
 ister. 
 
 20. Whenever a vacancy shall occur in the office of 
 Register of the City, it shall be the duty of the convention 
 of the two branches of the City Council to fill such vacancy, 
 and the person appointed to fill such vaca,ncy shall, before 
 he enters upon the duties of his office, execute a bond agree- 
 ably to the provisions of the first section of this ordinance, 
 and it sh^ll be the duty of the Mayor forthwith to summon 
 the City Council for the purpose of filling the said vacancy 
 in the office of Register, if the same shall occur during the 
 recess. 
 
 May rc-qiiire 
 bond from his 
 deputy. 
 
 Oath. 
 
 Ibid, s. 3. 
 
 When deputy 
 may officiate. 
 
 Ibid, s. 4. 
 
 Council to fill 
 vacancy. 
 
 Mayor to sum- 
 mon the Coun- 
 cil to fill va- 
 cancy. 
 
 ■ See p. 22, ante. 
 
COMPTKOLLER AND REGISTER. 165 
 
 Article XI. — Ordinances. 
 
 21. The Register shall take under his chaijje and keep- iwd, s. s; no. 
 ing the corporate seal of the city, and use it in all cases DutiesVthe 
 which now are or may hereafter be required, either by the ^^^^^^' 
 laws of the United States, the several States, the ordinances city seal. 
 
 of this corporation, or the usage and customs of nations, 
 whenever applied to for that purpose ; and for each and 
 every seal which he shall affix to an instrument or insiru- 
 ments of writing he shall be entitled to receive for the use Fees, 
 of the city the sum of two dolhus, except that in cases where Exception, 
 the Register's certificate, under seal, shall be required to be 
 used as evidence in the claims of soldiers and seamen in the 
 United States service, or in the claims of their widows, or 
 heirs of such as have died, or may hereafter die in the ser- 
 vice ; in which cases he shall furnish such certificate with- 
 out any charge whatever. He shall further be authorized 
 to charge and receive the following fees : for authenticating Fees. 
 copies of records, fiiteen cents for each and every sheet con- 
 taining one hundred words, and so, pro rata, for every 
 search, and lor every certificate to a copy twenty-five cents, 
 for the use aforesaid, 
 
 22. The Register shall record, or cause to be recorded, iMd.s.e. 
 
 in a book or books, all appointments of each and every ofii- Kurther^duUes. 
 cer of this corporation ; and shall take under his charge all pointments. 
 money now belonging to or which may hereafter belong to J^f7„^7^i^^°f^« 
 this corporation, and shall immediately deposit the same in """ey- 
 the National Farmers' and Planters' Bank of Baltimore, or 
 such other bank as the Mayor and presidents of the two 
 branches may think proper, in the name of the Mayor and 
 City Council of Baltimore ; and he is hereby directed, upon 
 endorsement of their correctness by the Comptroller, to make 
 all payments with checks on said bank, countersigned by 
 the Mayor, and drawn to the order of some person or per- 
 sons having authorized claims against the city, and for the 
 exact amount thereof, which he shall regularly enter in a 
 
166 
 
 CoMPTKOLLEB AND REGISTER. 
 
 Article XI. — Ordinances. 
 
 Accounts. 
 
 To report to 
 Council 
 
 bank book, particularly stating the date, the name of the 
 person or persons, and the amount ; and it shall be his duty 
 to keep regular and correct accounts, in a book or books, in 
 folio, of all money received and expended by him on account 
 of the city, particularly stating, under proper heads, the 
 specific objects whence received and for what expended ; and 
 he shall annually lay before the Council, as soon after the 
 thirty-first day of December as practicable, his account of 
 all moneys received and expended by him during the past 
 year, supported by proper vouchers ; also a statement of the 
 estimated receipts and payments required for the current 
 year, and any other information connected with the finances 
 of the city which may be calculated to aid tbe Council in their 
 deliberations upon the subject ; and when required by the 
 Mayor, he shall exhibit to him his accounts and vouchers, 
 his bank book and crossed checks. 
 
 Ibid, s. 8. 23. In anticipation of the revenue from collections, under 
 
 When author- the levics made for that purpose, the Register is herebv 
 
 ized to obtain r r j d j 
 
 bank""^^"^"" authorized to make such arrangements with the bank in 
 which the account of tbe cty is or may be kept, for the ad- 
 vance of such sum or sums of money as may be required 
 from time to time to enable him punctually lo meet the 
 interest on the city stock debt — the bank so advancing the 
 money to apply it to the payment of such interest. 
 
 No.96, Apui 24. The City Register, with the aj)proval of tlie Mayor, 
 When Register is hereby authorized to borrow funds, bv note or otherwise, 
 
 may borrow. "^ ' 
 
 to meet the maturing obligations and requirements of the 
 city, when in their -judgment the same may be required. 
 
 25. It shall be the duty of the Register to ascertain the 
 amounts of all claims that may be made against the corpora- 
 tion, and report the same to the City Council as soon after 
 the termination of each fiscal year as practicable. 
 
 No. 8, s. 13, R. 
 O. 
 
 Duty as to 
 claims against 
 the city. 
 
Comptroller and Kegistkr. 167 
 
 Article XI. — Ordinances. 
 
 26. It shall not be lawful for the Register to pay to any no. 59, s. 3, Ap- 
 person or persons any sum of money on account of the in- Payments by 
 
 1 /• 1 /-^ Register. 
 
 dividual or committee expenses of any member of the Coun- 
 cil, (excepting salary) unless the same be authorized 
 by ordinance specially enacted for the payment of the 
 same.* 
 
 27. The Register shall attend at his office in the City iwd.s. is. 
 Hall every day (Sundays excepted) from nine o'clock in the office hours. 
 morning to three in the afternoon, unless prevented by sick- 
 ness or other unavoidable cause. 
 
 28 The Register is authorized to employ in his office a Tbui, ss. 2, n, 
 
 11111^0 .-ts. May 6, 
 
 clerk, whose compensation shall be fourteen hundred dollars 'gs; No.35,May 
 
 ' *■ 14, 07 ; No. b;>, 
 
 per annum, and an assistant clerk, whose compensation shall .^*y"i ':!'',' 'm! 
 be nine hundred dollars per annum; and one additional J^o;m-!^No.4!' 
 clerk whose annual salary shall not exceed twelve hundred no. 59, au?. 13, 
 
 '' . '62, clerk and 
 
 dollars ; and the Register is further authorized to obtain ^*^^''*'^'=^^'"''- 
 such extra assistance in his office as may be required ; ^^SHI^io'^ir"' 
 provided the whole expense shall not exceed the sum of six compeusHtion. 
 
 ^ Extra assist'ce. 
 
 hundred dollars. proviso. 
 
 29. The Register shall receive for his services the com- No.B,^s.n,R. 
 pensation of three thousand dollars per annum, and the '^l»\^?^f'' 
 deputy register eighteen hundred dollars per annum, pay- ^"..'{'I'J"'"' 
 able monthly : and all fees or perquisites of or appertaining sa^i^ryofRegis- 
 
 , , , , ^ ,. , 1 No. U\, June 
 
 to the office or allowable to them under the statutes of the |3Jiy ^j. ^^^^ 
 State or ordinances of the corporation of Baltimore, (except uty. 
 tl\e payment made to the Register by the State Treasurer, 
 under the authority of sec. 94 of Art. 81, Public General 
 Laws, being 1874, c. 483,) shall be paid in the city trea- 
 sury. f 
 
 * See sees. 30-31, p. 23, ante. 
 
 t See statutes under article XLIX, Taxes. 
 
 For the Register's duties as to Stocks and Finances, see article XLVI. 
 
168 
 
 Comptroller and Rkgistee. 
 
 Article XI. — Ordinances. 
 
 Res. No. 32, 
 Feb. 14, '77. 
 System of keep- 
 ing accounts. 
 
 Moneys paid 
 out. 
 
 Moneys re- 
 ceived. 
 
 No. 20, April 
 20, '78. 
 
 Tuesdays and 
 Fridays, dis- 
 bursing days. 
 
 ACCOUNTS. 
 
 30. The Mayor, Comptroller and Register are hereby re- 
 quested to adopt a system of keeping the accounts in the 
 different departments of the City Government as will fully 
 protect all the interests of the city, and to devise a system of 
 checks by which each department shall be held responsible for 
 all the receipts and expenditures. Hereafter no money shall 
 be paid out for any purpose in any of the departments, except 
 through a warrant of the Comptroller upon the City Register, 
 and all moneys received for any object or purpose whatever 
 shall be turned in to the City Comptroller, excepting that 
 received by the tax department, and by him delivered in 
 turn to the City Register. 
 
 3 1 . The officers of the City Government who are charged 
 with the duty of issuing warrants and checks in favor of the 
 creditors of the city are imperatively required to be present 
 in their respective offices on Tuesday and Friday of each 
 week, from 9 o'clock A. M. to 2 o'clock P. M., in order to 
 discharge, without delay, to the holders of claims against 
 the city, the duties required of them in the aforegoing con- 
 nection . * 
 
 * This ordinance recites tlie following regulation : 
 
 At a conference held by the Mayor, Comptroller and Register, on February 
 19, 1877, iu virtue of the above resolution, [being sec. 30,] the following 
 preamble and rules were adopted : 
 
 It is evidently the purpose and intent of the resolution of the 'Mayor and 
 City Council of February 14th, 1877, that all the moneys received by the 
 several departments of the City Government shall, by the process of a re- 
 ceiving warrant from the, Comptroller, be paid to the City Register. 
 
 From the language of the resolution aforesaid, it is also manifestly the 
 intention that the department of the Comptroller shall be a general auditing 
 and adjusting office, as well as a general depository of all bills or vouchers 
 on which money shall be drawn or paid, and that the Register's department 
 sliall be a general disbursing office, under the restriction imposed by the 
 resolution aforesaid — that " no money shall be paid out for any purpose in 
 any of the departments except through a warrant of the Comptroller upon 
 the City Register." 
 
Comptroller and Register. 169 
 
 Article XI.— Ordinances. 
 
 To the end, therefore, that this resolution shall, so far as may be practi- 
 cable, be rendered eflFective as provided therein, be it Resolved by the Mayor, 
 Comptroller and Register of the City, as follows, to wit : 
 
 Ist. That the several departments of the City Government, whenever the 
 sum of money received by them respectively shall amount to five hundred 
 dollars, shall report the same to the City Comptroller, specifying the source 
 or sources from which it was received, and obtain from him a receiving war- 
 rant to pay such money to the City Register. Provided that no department 
 shall be required to make more than one payment on any one day; and 
 provided further, that all of the departments that may receive money as 
 revenue shall, on the first Wednesday of each month, pay over to the City 
 Register, on the receiving warrant of the Comptroller, such sura as may 
 respectively be in their possession. 
 
 2d. That eacli department shall take duplicate bills of every item of ex- 
 pense it may contract for or incur, one of which shall be retained and filed 
 in the department, and the other bill or voucher, with a warrant from such 
 department on the Comptroller for the payment of the same, shall be sent to 
 the City Comptroller. Provided that the pay rolls of each department may 
 be drawn in favor of its proper accredited officer; sucli pay roll, however, 
 to be filed in the office of the Comptroller as are other bills or vouchers ; and 
 provided further, that in cases of contracts in which money may be payable 
 on account, the department having a contract in charge shall take duplicate 
 receipts, one of which shall be retained, and the other, with a warrant on 
 the Comptroller, shall be sent to that officer. 
 
 3d. The offices of the Comptroller and the Register shall be open on Tues- 
 day and Friday of each week, from 9 o'clock A. M. to 2 o'clock P. M., for 
 the issuing of warrants and the payment of the same, respectively; and that all 
 warrants issued by the departments for the payment of money, with accom- 
 panying bills or vouchers, shall, if required by the Comptroller, be deposited 
 in his office before 12 o'clock M. on the day preceding the day of payment, 
 to the end that the same may be audited and warrants issued without much 
 detention on the day of payment ; provided that so much of this rule as may 
 require a deposit in advance of the day of payment shall not apply to bills 
 or warrants for the sum of ten dollars or less. 
 
 4th. The teachers and officers of the public schools, city officers, officers 
 of the courts, as well as the expenses of the courts, shall be paid as provided 
 by existing ordinances. 
 
 5th. Much embarrassment has been experienced in the filing and in the 
 examination of papers on file, in consequence of many bills or vouchers 
 being written on small slips of paper, therefore no bill or voucher will be 
 recognized at the office of the City Comptroller that measures less than seven 
 inches by three and one-half inches, and which is not written in ink. 
 
 6th. The foregoing regulations shall take effect on the 1st day of March, 
 1877, and the several departments shall be notified accordingly. 
 
170 
 
 Coroners. 
 
 Article XII. — Statute. 
 
 ARTICLE XIL 
 
 COKONERS 
 
 STATUTE 
 
 1. Four coroners : term of office : 
 
 salary : proviso : oath and bf)ncl. 
 
 2. Coroners to be assigned t^ dis- 
 
 tricts: deputies. 
 
 3. Duties of coroners: juries not to 
 
 be paid : when expenses of in- 
 terment to be paid by Register : 
 proviso. 
 
 Monthly report to Police Com- 
 missioners : money, &c., to be 
 deposited in bank to order of 
 Judges of Orphans' Court. 
 
 ORDINANCE 
 
 MORGUE. 
 
 1. Dead house: what bodies to be 
 
 placed therein. 
 
 2. How long bodies to remain. 
 
 Preservation of clothing, &c. : 
 when coroner to dispose of same. 
 
 Vault in Eastern Potter's Field : 
 how long bodies to remain. 
 
 STATUTE. 
 
 1878, c. 347. 1. The Governor, by and with the advice and consent of 
 
 Four coioners. the Senate, shall appoint and commission four competent 
 persons, to act as Coroners for the city of Baltimore, to hold 
 Termor office, officc during the period of two years, at an annual salary of 
 Salary. six huudrcd dollars each^ payable quarterly, by the Register 
 
 Proviso. of said city; provided, that before entering upon the duties 
 
 of their ofi&ce, the persons appointed coroners shall take the 
 oaih and Bond, oatli of officc prescribed by the Constitution of the State of 
 Maryland, for office holders ; and further, they shall give 
 bond to the said State of Maryland, witli security, to be ap- 
 proved by the judge of the Superior Court of Baltimore 
 
Coroners. 171 
 
 Article XII.— Statute. 
 
 City, in 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 prescribed. 
 
 2. Each of the four coroners shall be assigned to such i87d, c. 45. 
 sub-division or district of the city of Baltimore, as the Gov- coroners to be 
 
 assigned to dis- 
 
 ernor may direct, and in case of absence or illness of any i"«ts. 
 coroner, he shall deputize some competent person to attend Deputies. 
 to the duties of his office during his absence or illness. 
 
 3. The coroner shall hold an inquest over any person ma, c. 45. 
 
 found dead in his district, in said city, when the manner Duties of coro- 
 ners. 
 and cause of death shall not be already known as accidental, 
 
 or in the course of nature. No coroner's jury in said city juriesnotto be 
 
 paid. 
 
 shall receive any fee or compensation for services as such, 
 and said coroners are hereby authorized and empowered to 
 issue their certificates to the Register of Baltimore City, for when expenses 
 
 ° 01 inierment to 
 
 the payment of such expenses as may be necessary for the j^^ P»>'"'y «««- 
 
 interment of any person over whom they, or either of them, 
 
 has held an inquest, and whose body is not claimed by friends 
 
 or relatives ; provided, the amount of such expenses shall Pioviso. 
 
 not in any case exceed the sum of seven dollars. 
 
 4. Each of said coroners shall make a monthly report to ih73,c.45. 
 the Police Commissioners of Baltimore City, of the number Monthly report 
 
 to A 01IC6 L'Om*' 
 
 of inquests held by him during the month last past before missioners. 
 said report, with a full description, as far as may be, of the 
 persons wlio are the subjects of such inquests, their sex, age, 
 color and nationality, the cause and mode of their death, 
 and such other particulars as may be necessary to their 
 identification in case of strangers and unknown persons ; and 
 each of said coroners shall also, immediately after holding 
 an inquest, deposit in some bank of Baltimore city, subject Money, &c^.,to^ 
 to the order of the judges of the Orphans' Court of said city, tfJJo^J^ 
 all property, money and other effects found upon the person plans' court, 
 of those over whom he shall hold inquest as hereinbefore 
 provided. 
 
172 
 
 Coroners. 
 
 Article XII. — Ordinance. 
 
 ORDINANCE 
 
 What bodies to 
 be placed 
 therein. 
 
 MORGUE. 
 No. 55, s. 1, 1. The City Commissioner is hereby authorized and directed 
 
 July 24, '69. . . . , , IT .1 
 
 Morgue or Dead to crect, in connection with the central police station house 
 of Baltimore city, a morgue or dead house for the reception 
 and keeping for identification of the bodies of unknown 
 persons dying within the city, and such other bodies as may 
 be directed to be placed therein by the coroners of Baltimore 
 city, except bodies which may be so far decomposed as to be 
 beyond the probability of recognition, and the bodies of 
 those who may have died of contagious diseases. 
 
 2. All bodies not identified and claimed shall remain in 
 said dead house for at least twenty-four hours, and the City 
 Commissioner, in the erection of said dead house, shall make 
 such arrangements as may be necessary for the proper preser- 
 vation of such bodies. 
 
 3. The City Commissioner shall provide a room in said 
 Preservation of poHcc station housc, for the preservation of the clothing, for 
 
 clothing, &c. .... . 
 
 the purpose of identification, of all deceased persons buried 
 
 from said dead house, which clothing shall be carefully 
 
 When Coroner numbered and retained for twelve months, after which time, 
 
 to dispose of , _ 
 
 same. jf not reclaimed, it shall be disposed of by the coroners, as 
 
 required by section 154, of Article IV of the Code of Public 
 Local Laws ;sec. 4, of this Article.) 
 
 Ibid, s. 9. 
 
 How long 
 bodies to re- 
 main. 
 
 Ibid, s. 3. 
 
 Ibid, 8. 4. 
 
 Vault in East- 
 ern Potter's 
 Field 
 
 4. The City Commissioner is hereby authorized and di- 
 rected to build in the Eastern Potter's Field a vault of such 
 dimensions as he may deem proper for the objects contem- 
 plated by this ordinance ; and all said bodies unclaimed, 
 after the time mentioned in the preceding section, shall be 
 removed to said vault, and each body placed in said vault 
 between the first day of September and the first day of May, 
 
C0R0NER6. 173 
 
 Article XII. — Ordinance. 
 
 shall remain at least fifteen days ; and each body placed in 
 said vault between the first day of May and the first day of 
 September, shall remain at least ten days before final inter- 
 ment, except such bodies as are excepted in section first of 
 this ordinance.* 
 
 * See Potter's Fields, under Art. XXIII, Health. 
 
 By resolution No. 383, June 30, 1875, the Comptroller was authorized to 
 sell at public auction, the lot or parcel of ground owned by the Mayor and 
 City Council of Baltimore and used as the Eastern Potter's Field, upon 
 such terms as might, in his judgment, be most conducive to the interest of 
 the corporation. The concluding part of this resolution was repealed by 
 resolution No. 234, May 26, 1876. See resolution No. 350, Oct. 21, '72, and 
 resolution No. 384, Oct. 30, '72, also ordinances No. 41; June 13, '60; No. 
 79, May 6, '59, and resolution No. 162, April 20, 1878. 
 
174 
 
 Counselor, Solicitor and Examiner of Titles. 
 
 Article XIII. — Ordinances. 
 
 ARTICLE XIII. 
 
 COUNSELOR, SOLICITOR AND EXAMINER OF 
 TITLES. 
 
 ORDINANCES. 
 
 COUNSELOR AND SOLICITOK. 
 
 1. Appointment of City Counselor 
 
 and City Solicitor. 
 
 2. Duties of Counselor. 
 
 3. Duties of Solicitor. 
 
 4. Solicitor to endorse opinion on 
 
 bonds, &c. 
 
 5. Substitute. 
 
 6. Extra counsel. 
 
 7. Salaries of Counselor and Solic- 
 
 itor. 
 
 Appeals: proviso. 
 
 How writs to be endorsed. 
 
 
 EXAMINER OF TITLES. 
 
 10. 
 
 Appointment of Examiner of 
 
 
 Titles. 
 
 11. 
 
 Duties. 
 
 12. 
 
 Duties. 
 
 13. Salary. 
 
 ORD IN ANCES . 
 
 COUNSELOR AND SOLICITOR. 
 
 No. 71, ss. 1,3, 1 . The Mayor, by and with the advice and consent of the 
 Appointment of convention of the two branches of the City Council, shall, 
 anlfcity^scT. °' aiinuallyin the month of February, appoint a member of the 
 Baltimore bar to be the City Counselor, and another mem- 
 ber of the same bar to be the Citv Solicitor. 
 
 Ibif', s.fe. 
 
 Duties of Coun- 
 selor. 
 
 2. It shall be thje duty of the Counselor to argue all cases 
 in the Supreme Court of the United States, or the Court of 
 Appeals of the State of Maryland, in which the Mayor and 
 City Council of Baltimore may be a party, and to try all such 
 cases in any court of the United States which may sit within 
 the State of Maryland, or in the Superior Court of Baltimore 
 
CoDWSELOE, Solicitor and Examinee of Titles. 175 
 
 Article XIII. — Ordinances. 
 
 City, and to try all cases in any other courts whicli the 
 Mayor may 8i)ecially require him to try ; it shall also be his 
 duty to advise with the Solicitor as to the framing of all bills 
 and answers in equity, all jtleading at common law, and all 
 exceptions or other documents connected with proceedings in 
 the courts, whenever the Solicitor may request him so to do ; 
 it shall also be his duty to give advice and opinions in writing 
 upon any legal question affecting the interests of the city, 
 which may be submitted to him by the Mayor, either branch 
 of the Council, or any committee of the Council, or by the 
 Solicitor. 
 
 3. The Solicitor shall be the attorney of the Mayor and iwd, ss.2,4. 
 City Council of Baltimore; and it shall be the duty of the Duties of so- 
 
 *' ' , licitor. 
 
 Solicitor to try all cases in which the city is interested in 
 any of the courts of the city of Baltimore, except the Superior 
 Court, and in all other courts in the State of Maryland, ex- 
 cept those mentioned in the preceding section, and act as 
 junior counsel to the Counselor in any court in whicli his 
 services may be required ; it shall also be his duty to give 
 advice or opinions in writing upon any legal question affect- 
 ing the interests of the city which may be submitted to him 
 by the Mayor, either branch of the City Council or any com- 
 mittee of the City C<.uncil, or any officer of the city ; it shall 
 also be his duty to report annually to the City Council, in 
 writing, the number of cases depending at the time of the 
 report, and any decisions made within the year upon the 
 construction of any ordinance. 
 
 4. All bonds or other written instruments, (except deeds or ibj^, s^. 3.^^^ 
 other instruments of writing transferring or conveying land 21. '^s. 
 
 or any interest therein to the Mayor and City Council), involv- soiif-to -■ 
 iug the interests of the city, to be executed by or passed to onbouds.&c. 
 the Mayor or other officer of the corporation, shall, before 
 they are executed or received, as the case may be, have en- 
 
176 
 
 Counselor, Solicitor and Examiner of Titles. 
 
 Article XIII. — Ordinances. 
 
 dorsed upon them the opinion of the Solicitor as to their 
 legal sufficiency ; it shall shall also he the duty of the So- 
 licitor to give legal advice, whenever required, to the mem- 
 bers of the City Council on subjects connected with their 
 official duties, and to prepare all ordinances, resolutions and 
 memorials required of him by any committee of the City 
 Council. 
 
 Ibid, s. 7. 5. If either of the said law officers shall be unable or un- 
 
 substitute. willing to try any case which under the provisions of this 
 article he ought to try, he shall provide, at his own expense, 
 a substitute, who shall be approved by the Mayor, and if he 
 shall fail to make such provision in proper time, the Mayor 
 shall employ a proper person to supply his place, and the 
 expense shall be charged to him, and deducted from the first 
 money payable to him thereafter. 
 
 Ibid, B. 8. 6. No extra counsel shall be employed on the part of the 
 
 Extra counsel, city in any case, except by virtue of a resolution of the 
 Mayor and City Council. 
 
 No. 71, s. 9, 7. The salary of the Counselor shall be twenty-five hun- 
 
 Sfay 18, '64. •' '' 
 
 No. ii6,june9,dred dollai's per annum, and that of the Solicitor four thou- 
 saiaries of sand dollars per annum, payable monthly, which salary 
 
 Counselor and . ^ } f J J ) J 
 
 Solicitor. shall be in full of all compensation for their services, and of 
 
 all expenses incurred by them in attending the courts, and 
 in discharging the duties of their respective offices, whether 
 in or out of the city. 
 
 Ibid, s. 13. 8. The approbation of the Mayor and consent of the 
 
 Appeals Solicitor shall be obtained before any appeal shall be prose- 
 
 cuted in any case, which approbation shall be in writing and 
 Proviso. filed in the cause ; provided, that before any appeal shall be 
 
 taken to the Supreme Court of the United States, or the 
 Court of Appeals of the State of Maryland, the approbation 
 of the Counselor shall also be obtained. 
 
Counselor, Solioitoe and Examiner of Titles. 177 
 
 Article XIII. — Ordinances. 
 
 9. Whenever the naiiio of the Mayor and City Council of ibid,s. lo. 
 Baltimore shall be used in the institution of any suit or other How writs to b* 
 
 1 ' 1 /> 1 f 1 endorsed. 
 
 proceeding, the name of the person for whose use, or of the 
 informer at whose instance the same is instituted, shall be 
 endorsed upon the writ.* 
 
 EXAMINER OF TITLES. 
 
 10. The Mayor, by atid with the advice and consent of a 5^°^^ ai' ^'75.' 
 convention of both branches of the City Council, when and Appointment of 
 
 •' ' Kxaminer of 
 
 as other city officers are appointed, shall annually appoint a ^*"*^' 
 citizen of the city, who shall be an attorney-at-law, to be 
 the Examiner of Titles. 
 
 1 1 . The duties of the Examiner of Titles shall be as fol- :[1';^,:|;^^^%, 
 lows: Whenever it maybe proposed on the part of i^eTpl\\^u,^&3; 
 
 • t No 5ii s 5 
 
 Mayor and City Council of Baltimore, by ordinance or reso- May 7,' '68.' 
 lution, to purchase, condemn or acquire any land or interest Duties. 
 therein, it shall be the duty of the Examiner of Titles to 
 make, or cause to be made, an examination of the title there- 
 to, and no contract shall be made or money paid on account 
 of such purchase, condemnation or acquisition, except on the 
 approval by the Examiner of the title, and after he shall 
 have furnished his certificate of the title thereto, as provided 
 in the next succeeding section, and in cases of approval by 
 the Examiner, he shall also certify to the legal sufficiency of 
 the deeds or other instruments intended to transfer or convey 
 any land or any interest therein to the Mayor and City 
 Council, which deeds or other instruments of writing he shall 
 prepare or have prepared. 
 
 12. He shall, as soon as practicable after the passage of no-^^,- ^.^s, 
 any ordinance authorizing any condemnation, report to the cities- 
 Street Commissioners, or the officers empowered to make the 
 
 *See further duties under Licenses, Art. XXXIII ; Harbor Board, ordinan- 
 ces, under Art. XXIII, Harbor, Docks and Wharves; and sec. 104, Art. 
 XXIII, Health. 
 
 See further, as to suits, under Fines and Forfeitures, Art. XIX, and 
 Courts, Art. XIV. 
 
178 Counselor, Solicitor and Examiner of Titles. 
 
 Article XIII. — Ordinances. 
 
 same, full information respecting the ownership of the 
 property wliich it may he proposed to condemn, setting forth 
 where the same is not he hi in fee simple the several interests 
 or estates therein ; in all cases of the examination of titles 
 careful notes and abstracts of the same shall be made and 
 preserved, and, together with all proper details, plats and 
 descriptions, shall be entered and indexed in a well bound 
 record book or books, which shall be the property of the city, 
 and, as filled, be deposited in the office of the City Comptroller; 
 he shall also, whenever he certifies in respect to a title, 
 transmit to the Comptroller a copy of the abstract of the 
 same, or the original, if it be a case in which the abstract is 
 to be furnished to him ; he shall also report to the City So- 
 licitor in writing all information which n^ay be called for by 
 him relating to the titles to any property which may be in- 
 volved in the trial of appeals from the Commissioners for 
 Opening Streets, or in other proceedings of condemnation by 
 the city, and shall make and report all examinations of title 
 that may be required by the City Counselor or the City So- 
 licitor in the trial of any suit or proceedings to which the 
 city may be a party, or wliich may otherwise be needed on 
 behalf of the city by the Register, City Collector or any 
 other officer of the city ; and on his ceasing to hold office, 
 whether by expiration of his term or otherwise, all notes and 
 memoranda of any examination of titles not completed and 
 entered in the books aforesaid shall be passed over to his 
 successor,* 
 
 ibid.s. 4. 13. The salary of the Examiner of Titles sliall be tliree 
 
 SaUry. thousand dollars per annum, payable monthly. 
 
 *See further as to duties of Examiner under Sewers, Art. XLIV; Streets 
 and City Conmussioner, Art. XLVII; Taxes, Art. XLIX. 
 
Courts. 
 
 179 
 
 Article XIV. 
 
 ARTICLE XIV. 
 
 COUBTS. 
 
 CONSTITUTION, ART. IV 
 
 BUPRGME BENCH. 
 
 1. Six courts. 
 
 2. Jurisdiction of Superior Court, 
 
 Court of Common Pleas, and 
 City Court. 
 
 3. Jurisdiction of Circuit Court: 
 
 habeas corpus. 
 
 4. Jurisdiction of Criminal Court. 
 
 5. Supreme Bench of Baltimore 
 
 City : term of office : salary. 
 (>. Assignment of judges: may be 
 changed from time to time : 
 jurisdiction : sickness, absence 
 or disability. 
 
 7. General terms: rules of court: 
 
 jurisdiction : right of appeal. 
 
 8. No appeal to Supreme Bench 
 
 from City Court on appeals 
 from justices of the peace: test 
 of writ. 
 
 9. Quorum. 
 
 10. Cases pending in old courts to 
 
 be proceeded with : Baltimore 
 City Court. 
 
 11. Clerks of courts : term of office : 
 
 salaries : perquisites not allow- 
 ed : vacancy. 
 y 12. Authority of clerks of Common 
 Pleas and Superior Courts : 
 licenses : deeds, &c. : Balti- 
 more County Court records : 
 clerk to Supreme Bench. 
 
 13. 
 
 14. 
 
 15. 
 
 16. 
 
 17. 
 
 18. 
 
 19. 
 
 20. 
 
 21. 
 22. 
 23. 
 
 24. 
 
 25. 
 
 Another court in Baltimore City: 
 re-apportionment of jurisdic- 
 tion of Baltimore courts: 
 clerks' bonds. 
 
 orphans' court. 
 
 Three judges : term of office : ju- 
 risdiction : per diem : vacancy. 
 
 Register of Wills: term of office: 
 vacancy. 
 
 JUSTICES OF THE PEACE. 
 
 Governor to appoint justices: 
 Mayor and City Council to ap- 
 point constables : removal : 
 term of office : right of appeal. 
 
 Vacancies. 
 
 SHERIFF. 
 
 Election of sherifiF: qualifications : 
 term of office : bond : vacancy. 
 
 state's ATTORNEY. 
 
 Election of State's Attorney: 
 term of office : removal. 
 
 Returns to be made to judge of 
 Criminal Court: case of tie. 
 
 Duties : fees : proviso : deputy. 
 
 Qualifications. 
 
 Vacancj\ 
 
 To collect, &c., money for State : 
 bond. 
 
 COURT OFFICERS. 
 
 Officers of courts, how appoint- 
 ed : compensation : judges to 
 investigate and report. 
 
180 
 
 Courts. 
 
 Article XIV. 
 
 STATUTES 
 
 SUPERIOK COUIIT, COURT OK COMMON 
 PLEAS AND CITY COURT. 
 
 Jurisdiction of judges: motions 
 
 for new trials, and in arrest of 
 
 judgment, &c. 
 No paper book or brief required. 
 Terms. 
 Return days. 
 Writ may be made returnable to 
 
 next return day. 
 Writ may be renewed. 
 Same proceedings when returned 
 
 at return day as at term. 
 Judgment by default, when to 
 
 be given: when to be struck 
 
 out : writ of inquiry. 
 Trial term, when. 
 10. Plaintiff, how and when entitled 
 
 to judgment. 
 Plaintiff's affidavit, &c. 
 Assessment of damages by court. 
 Writs returnable at election of 
 
 plaintiff. 
 When execution may issue on 
 
 judgments. 
 
 CIRCUIT COURT. 
 
 Terms. 
 
 Jury. 
 
 Opinions of judge. 
 
 CRIMINAL COURT. 
 
 Terms. 
 Cases. 
 Jurisdiction. 
 
 21. Commitments and recognizances. 
 
 22. Witnesses to be recognized to. 
 Warden's duty. 
 Warden to bring prisoners before 
 
 court. 
 Original commitment. 
 Costs. 
 When capias to be re-issued : time 
 
 within which to be returned. 
 
 1. 
 
 9. 
 
 11. 
 12. 
 13. 
 
 14. 
 
 15. 
 16. 
 17. 
 
 18. 
 19. 
 
 20. 
 
 23. 
 
 24. 
 
 25. 
 26. 
 
 27. 
 
 28. Fees. 
 
 29. Subpceuas for witnesses. 
 
 30. Fees. 
 
 31. Renewal of subpoenas. 
 
 32. Penalty on Sheriff. 
 
 33. Saturday court : no jury. 
 
 34. When prosecutor to pay costs. 
 
 35. How costs recovered. 
 
 36. Prosecutor's name on indictment 
 
 for misdemeanor. 
 
 37. Judge of court to accept surren- 
 
 der by bail. 
 
 38. Children of convicts. 
 
 39. Fine on witnesses. 
 
 40. When bail liable to attachment 
 
 for contempt. 
 
 41. To be committed till payment : 
 
 proviso. 
 
 42. Fees to State's Attorney in re- 
 
 moved cases. 
 
 43. Assistant counsel. 
 
 44. Compensation: proviso. 
 
 orphans' COURT; 
 
 45. Judge's pay. 
 
 46. Bailiff's pay. 
 
 47. When intestate mariner's estate 
 
 to devolve on charitable marine 
 society. 
 
 REGISTER OK WILLS. 
 
 48. Bond. 
 
 49. Approval of bond! 
 
 50. Neglect to bond to vacate office. 
 
 CLERKS OF LAW COURTS. 
 
 51. Bond of clerks of courts. 
 
 52. Approval. 
 
 53. Renewal of bond. 
 
 54. Failure to give bond. 
 
 55. No deputy to be surety. 
 
 56. Clerks to keep index of judg- 
 
 ments. 
 
Courts. 
 
 181 
 
 Article XIV. 
 
 CLERK OF CRIMINAL COURT. 
 
 57. Bond of clerk of Crimiual Court. 
 
 58. Renewal of bond. 
 
 CLERK OP CIRCUIT COURT. 
 
 59. Clerk of Circuit Court. 
 
 SALARIES OF CLERKS. 
 
 60. Salaries of clerks : duty of Comp- 
 
 troller. 
 
 COURT OFFICERS. 
 
 61. Pay. 
 
 62. Their salaries. 
 
 63. Salary of bailiff. 
 
 64. Night watchman of office of clerk 
 
 of Circuit Court: duties: re- 
 moval. 
 
 65. City Register to pay salary. 
 
 66. Night watchman of office of clerk 
 
 of Court of Common Pleas : 
 duties: removal. 
 
 67. Salary. 
 
 STENOGRAPHERS. 
 
 68. Fund for payment of stenograph- 
 
 ers. 
 
 69. Stenographers for courts: sala- 
 
 ries: duties. 
 
 70. In Orphans' Court, his duties: 
 
 compensation. 
 
 71. Assistant stenographers: proviso. 
 
 SHERIFF. 
 
 72. Pay when attending court. 
 
 73. Execution for fees. 
 
 74. What officers' fees Sheriff to col- 
 
 lect. 
 
 75. When Sheriff may distrain, &c., 
 
 for fees : proviso. 
 
 WITNESSES. 
 
 76. Per diem in Criminal Court. 
 
 JUSTICES OF THE PEACE AND 
 CONSTABLES. 
 
 77. Appointment. 
 
 78. Bonds : what to account for. 
 
 79. Office hours. 
 
 80. Not to issue but on application 
 
 of plaintiff or attorney. 
 
 81. Before whom summons may be 
 
 made returnable and case 
 tried. 
 
 82. Pay when called from office. 
 
 83. Where to keep his office. 
 
 84. Justices of the station houses : 
 
 duties : hours of service. 
 
 85. Change of station house justices. 
 
 86. Salary of station house justices: 
 
 certificate of Police Commis- 
 sioners : fees and gratuities. 
 
 87. When station house justice ap- 
 
 pointed temporarily by Police 
 Commissioners : per diem. 
 
 88. Not to be paid fees by city. 
 
 89. Writs, how served. 
 
 90. State writs or summons, how 
 
 made returnable. 
 
 91. Before whom person arrested on 
 
 criminal charge, &c., taken. 
 
 92. Statements of accounts of State 
 
 fines. 
 
 93. Statements of accounts of city 
 
 fines. 
 
 94. Affidavit of justice as to ac- 
 
 counts. 
 
 95. How costs accounted for. 
 
 96. Appointment. 
 
 97. When justice or constable to be 
 
 removed : no deputy in serying 
 writ. 
 
 98. Supersedeas. 
 
 99. If justice in Baltimore dies, 
 
 papers to be delivered to clerk 
 of City Court. 
 
 FEES. 
 
 100. Of justices of the peace. 
 
 101. Of constables. 
 
 103. Tax for constables' fees: pro- 
 viso. 
 
 103. 
 
 104. 
 
 COSTS. 
 
 In actions for wrongs independ- 
 ent of contracts: in appeals 
 from justices of the peace. 
 
 Costs to be paid by appellant. 
 
182 
 
 Courts. 
 
 Article XIV. — Constitution. 
 
 OKDIN ANCES . 
 
 JUDGES OF SUPREME BENCH. 
 
 1. Register to pay judges. 
 
 SUPEKINTENDENT AND WATCHMAN 
 
 OF COURT HOUSE AND RECORD 
 
 OFFICE. 
 
 2. Superintendent and watchman 
 
 appointed. 
 
 3. Duty of superintendent: Regis- 
 
 ter of Wills to have control of 
 Orphans' Court room : super- 
 intendent to report annually : 
 expenses not to exceed appro- 
 priation : proviso. 
 
 4. Duty of watchman : proviso. 
 
 5. Superintendent and watchman 
 
 to give bond. 
 
 6. Salary of superintendent and 
 
 watchman : proviso : substi- 
 tute. 
 
 7. No expense to be incurred un- 
 
 less provided for by ordi- 
 nance. 
 
 JANITOR OF orphans' COURT. 
 
 8. Janitor of Orphans' Court, how 
 
 appointed : duties : salary. 
 
 JANITOR AND WATCHMAN OF OT.D 
 MASONIC BUILDING. 
 
 9. Janitor of old Masonic hall : 
 
 salary. 
 10. Watchman of same : salary. 
 
 Const, art. 4, 
 part 4, sec. 27. 
 Six courts. 
 
 CONSTITUTION, ART. IV, PART IV. 
 
 SUPREME BENCH.* 
 
 1. There shall be in the Eighth Judicial Circuit six Courts, 
 to be stjled the Supreme Bench of Baltimore Citj, the Supe- 
 rior Court of Baltimore City, the Court of Common Pleas, the 
 Baltimore City Court, the Circuit Court of Baltimore City, 
 and the Criminal Court of Baltimore. 
 
 *As to jurisdictions of courts before Const. 1867, see 28 Md. 9, 157, 245, 
 356,362 and 365; 33 Md. 481; 8 Gill, 296,- 5 Md. 337; 7 Md. 135; 7 Md. 
 152; 8 Md. 147; 11 Md. 101; 13 Md. 316; 14 Md. 173; 19 Md. 451 ; 
 1 Md. 368. 
 
 As to jurisdiction in appeals from Street Commissioners, under Const., 
 Art. IV, part 4, sec. 28, '(sec. 2, above,) and P. G. L., Art. XXIX, sees. 51, 
 52, 53, 60, see notes of decisions under Article XL VII, Streets. 
 
 The Court of Common Pleas has no jurisdiction in cases of mechanics' 
 \ienB.—Oelsto7i et cU. v. Tliompson, 29 Md. 595. As to appeals from the Court 
 of Common Pleas in insolvency cases, see Von Nofitrand v. Can; 30 Md. 128. 
 
 The judgment of the City Court upon an appeal from a Justice of the 
 Peace is final when within the jurisdiction of the Court ; if it is not within 
 
Courts. 1 88 
 
 Article XIV. — Constitution. 
 
 2, The Superior Court of Baltimore City, the Court of ibid, sec. 28. 
 Common Pleas, and the Baltimore City Court, shall each have jurisdiction of 
 
 ,..,... . ii'M 1 J Superior Court, 
 
 concurrent jurisdiction m all civil common law cases, and, court oicom- 
 
 ' . _ mon Pleas, and 
 
 concurrently, all the iurisdiction which the Superior Court of ^ity court; 
 
 •" •' " 1852. c. 159, 19ti, 
 
 Baltimore City and the Court of Common Pleas now have, 'i^r,f^^'^Q%ll^' 
 except jurisdiction in equity, and except in application for the ''^^■'^'^^^'''•^'■'" 
 benefit of the insolvent laws of Maryland, and in cases of 
 appeal from judgments of Justices of the Peace in said city, 
 whether civil or criminal, or arising under the ordinances of 
 the Mayor and City Council of Baltimore, of all of which 
 appeal cases the Baltimore City Court shall have exclusive ju- 
 risdiction ; and the said Court of Common Pleas shall have 
 exclusive jurisdiction in all applications for the benefit of the 
 insolvent laws of Maryland, and the supervision and control 
 of the trustees thereof. 
 
 the jurisdiction of the Court, it is not final, and an appeal therefrom lies to i 
 the Court of Appeals. — Herzberg v. Adams, 39 Md. 309. 
 
 By Article LXXV of the Public General Laws, where a defendant is re- 
 turned " summoned " and fails to appear, it is made the duty of the Court, 
 on the second day of the term to which the summons is returnable, to enter 
 his ai)pearance, and the action shall proceed in the same manner as if the 
 party had appeared in person ; and this provision is applicable to the law 
 courts of Baltimore City. — Horner v. O'LaugfUin, 29 Md. 466. 
 
 When a judgment by default has been entered, it is error in the court to 
 enter a judgment of n/)n pros, because the verdict or inquisition of the jury 
 was for a sum below the jurisdiction of the court; the judgment by default 
 is conclusive of the question of jurisdiction, but a judgment by default does 
 not settle the right of the plaintiff to recover the amount stated in his cause 
 of action. The defendant is entitled to have an inquisition by the jury.— 
 Cooper v. Rocfie, 36 Md. 563. 
 
 Under the Constitution, relating to the courts of Baltimore City, the several 
 courts therein provided for are distinct and separate, neither having any . 
 authority or control over the clerks, dockets or records of the others. The 
 proper mode of proving the proceedings and judgments of one of these 
 courts in any other court is by the production of a transcript thereof, under 
 seal, duly certified. The original dockets, or a mere copy of the docket 
 entries, or the original papers, are not proper or admissible evidence for that 
 purpose. For the like reason the evidence of the deputy clerk of one of 
 the said courts as to the loss of the papers in a case in said court is inadmis- 
 sible in any other court.— aoldstnith v. Kilbourii, ex'x, 46 Md. 289. 
 
184 Courts. 
 
 Article XIV. — Constitution. 
 
 Ibid, sec. 29. 3. The Circiiit Court of Baltimore City sliall have exclusive 
 
 Jurisdiction of jurisdiction in equity within the limits of said city, and all 
 
 Circuit Court. . . . . ^ ' 
 
 such jurisdiction as the present Circuit Court of Baltimore 
 Proviso. City has; provided, the said court shall not have jurisdiction 
 
 Habeas corpus, in applications for the writ of habeas corpus in cases of per- 
 sons charged with criminal offences.* 
 Ibid, sec. 30. 4. The Criminal Court of Baltimore shall have and exer- 
 
 jurisdiction of cisc all the jurisdiction now held and exercised by the Criminal 
 
 Criminal Court. *" _ _ ■' 
 
 1859, c. 344; 1853, Court of Baltimore, except in such appeal cases as are herein 
 
 assigned to the Baltimore City Court. 
 Ibid, 860.31. 5, There shall be elected by the legal and qualified voters 
 
 Supreme Bench of Said city, at the election hereinbefore provided for, one 
 
 of Baltimore . 
 
 t^i'y- Chief Judge and four Associate Judges, who, together, shall 
 
 constitute the Supreme Bench of Baltimore City, and shall 
 
 Term of office, hold their officcs for the term of fifteen years, subject to the 
 "provisions of this Constitution with regard to the election and 
 qualifications of judges, and their removal from oflfice, and 
 shall exercise the jurisdiction hereinafter specified, and shall 
 
 Salaries. each reccivc an annual salary of three thousand five hundred 
 
 dollars, payable quarterly, which shall not be diminished during 
 their term of ofiice ; but authority is hereby given to the Mayor 
 and City Council of Baltimore to pay to each of the said 
 judges an annual addition of five hundred dolhirs to their 
 
 Provisos. respective salaries ; provided, that the same, being once granted, 
 
 shall not be diminished nor increase during the continuance of 
 said judges in ofiice. 
 
 *The jurisdiction in liaheas carpus is definea by the Act of 1876, c. 373, as 
 follows : 
 
 The several circuit courts of this State, the Superior Court of Baltimore 
 City, the Court of Common Pleas, the Circuit Court of Baltimore City, and 
 the Baltimore City Court, and the several respective judges thereof, out of 
 court, and each of the judges of the Court of Appeals, shall have jurisdiction 
 over the v^hole State in all matters relative to habeas corjnis.—Deckard v. 
 State, 38 Md. 203. 
 
 See Eab. Corp. case of Young, Valiant and Thomson in report of Police 
 Commissioners, Jan., 1867. 
 
COUKTS. 185 
 
 Article XIV. — Constitution. 
 
 6. It shall be the duty of the said Supreme Bench of Bal- ibid, sec. aa. 
 timore City, as soon as the Judges thereof shall be elected and Assignment of 
 
 • • judges. 
 
 duly qualified, and from time to time to provide for the hold- 
 ing of each of the aforesaid courts, by the assignment of one 
 or more of their number to each of the said courts, who may 
 sit either separately or together in the trial of cases ; and the 
 said Supreme Bench of Baltimore City may, from time to time, Maybechanged 
 
 •^ ^ _ _ from time to 
 
 change the said assignment, as circumstances may require, and '>"»e. 
 
 the public interest may demand; and the judge or judges so 
 
 assigned to the said several courts shall, when holding the 
 
 same, have all the powers and exercise all the jurisdiction Junsdirtion. 
 
 which may belong to the court so being held ; and it shall also 
 
 be the duty of the said Supreme Bench of Baltimore City, in 
 
 case of the sickness, absence or disability of any judge or judges sickness, ab- 
 
 , sence or disa- 
 
 assigned as aforesaid, to provide for the hearmg ot the cases, biuty. 
 or transaction of the business assigned to said judge or judges 
 as aforesaid, before some one or more of the judges of said 
 court. 
 
 7. The said Supreme Bench* of Baltimore City shall have ibia, sec, 33. 
 Dower, and it shall be its dutv, to provide for the holding of as General terms. 
 many general terms as the performance of its duties may re- 
 quire, such general terms to be held by not less than three 
 judges; to make all needful rules and regulations for the eon- Rules of court. 
 duct of business in each of the said courts during the session 
 thereof, and in vacation, or in chambers, before any of the said 
 judges; and shall also have jurisdiction to hear and determine jurisdiction. 
 all motions for a new trial in cases tried in the Criminal Court 
 
 of Baltimore, where such motions arise, either on questions of 
 fact or for misdirection upon any matters of law, and all mo- 
 tions in arrest of judgment, or upon any matters of law deter- 
 mined by the judge holding said court; and the Supreme 
 
 *For the jurisdiction of the Supreme Bench, before the Act of 1870, c. 
 177, see 35 Md. 249 ; 34 Md. 42 ; 33 Md. 481 ; 33 Md. 288 ; 30 Md. 558 ; 31 
 Md. 339. 
 
186 Courts. 
 
 Article XIV. — Constitution. 
 
 Bench of Baltimore City shall make all needful rules and 
 regulations for the hearing before it of all of said matters, and 
 Rigiit of appeal, the Same right of appeal to the Court of Appeals shall be 
 allowed from the determination of the said court on such 
 matters as would have been the right of the parties if said 
 matters had been decided by the court in which said cases were 
 tried. 
 
 Ibid, sec. 34. 8. No appeal shall lie to the Supreme Bench of Baltimore 
 
 No appeal to Citv' froiu the dccisiou of the iudge or iudees holdine: the 
 
 Supreme Bench "' .' r-' .» & to 
 
 from City Court Baltimore City Court, in case of appeal from a iustice of the 
 
 on appeals trom j ^ r r ,) 
 
 pelc'r*"' ""■ peace, but the decision by said judge or judges shall be final ; 
 
 Test of writs, and all writs and other process issued out of either of said 
 courts, requiring attestation, shall be attested in the name of 
 the Chief Judge of the said Supreme Bench of Baltimore 
 
 City. 
 
 Ibid, sec. 35. 9. Three of the judges of said Supreme Bench of Balti- 
 
 Quorum. niorc City shall constitute a quorum of said court. 
 
 Ibid, sec. 30. 10, All causes depending, at tiie adoption of this constitu 
 
 Ca^es pending tioH, in tlio Superior Court of Baltimore City, the Court of 
 
 in old courts to _ 
 
 be proceeded Couimoii IMcas, tiio Criminal Court of Baltimore, and the Cir- 
 cuit Court of Baltimore City shall be proceeded in, and pro- 
 secuted to final judgment, or decree, in the courts, respective- 
 ly, of the same name established by this constitution, except 
 cases belonging to that class, jurisdiction over which is by this 
 
 Baltimore City coustitutiou transferred to the Baltimore City Court, all of 
 
 Court. . , J 1 
 
 which shall, together with all cases now pending in the City 
 Court of Baltimore, be proceeded in, and prosecuted to final 
 judgment in said Baltimore City Court. 
 
 Ibid, sec. 37. 11. Thcrc shall be a clerk of each of the said courts of 
 
 Clerks of courts. Baltimore City, except the Supreme Bench, who shall be elect- 
 Term of ortjce. , , , 1 , n 
 
 ed by the legal and qualified voters of said city, at the election 
 to be held in said city on the Tuesday next after the first Mon- 
 day of November, in the year eighteen hundred and sixty- 
 
Courts. 187 
 
 Article XIV. — Constitution. 
 
 seven, and shall hold his office for six years from the time of 
 
 his election, and until his successor is elected and qualified, 
 
 and be re-eligible thereto, subject to be removed for wilful 
 
 neglect of duty, or other misdemeanor in office, on conviction 
 
 in a court of law. The salary of each of the said clerks salaries. 
 
 shall be thirty-five hundred dollars a year, payable only out 
 
 of the fees and receipts collected by the clerks of said city, 
 
 and thev shall be entitled to no other i^erquisites, or compen- Penuiattesnot 
 
 „..,,,. allowed. 
 
 sation. In case of a vacancy in the ofiice ot clerk or any oi 
 said courts, the judges of said Supreme Bench of Baltimore vacancy. 
 City shall liave power to fill such vacancy until the general 
 election of Delegates to the General Assembly, to be held 
 next thereafter, when a clerk of said court shall be elected to 
 serve for six years thereafter; and the provisions of the con- 
 stitution in relation to the appointment of deputies by the 
 clerks of the circuit courts in the counties shall apply to the 
 clerks of the courts in Baltimore city. 
 
 12. The clerk of the Court of Common Pleas shall have ibid, sec 38. 
 authority to issue within said city, all marriage and other Authority of 
 
 •/ " C ei'Ks or Coin- 
 
 licenses required by law, subject to such provisions as are mm.^P|^eas^anc^^^^ 
 
 now, or may be prescribed by law. The clerk of the Superior Licenses. 
 
 Court of said city shall receive and record all deeds, con vey- oeed-s &c. 
 
 ances, and other papers, which are, or may be required by law, 
 
 to be recorded in said city. He shall also have custody of all 
 
 papers connected with the proceedings on the law, or equity B''^'^™"^^^«^coun- 
 
 side of Baltimore County Court, and of the dockets thereof, 
 
 so far as the same have relation to the city of Baltimore, and 
 
 shall also discharge the duties of clerk to the Supreme Bench Jierk^'" s_u-^. 
 
 of Baltimore City, unless otherwise provided by law. 
 
 13. The General Assembly shall, whenever it may think iMd, sec 39. 
 the same proper and expedient, provide, by law, another Another^court 
 court for the city of Baltimore, and prescribe its jurisdiction ouy-^^^^g^^^ 
 and powers; in which case there shall be elected by the voters W.c.m. 
 of said city, qualified under this constitution, another judge 
 
188 
 
 Courts. 
 
 Article XIV. — Constitution. 
 
 of the Supreme Bench of Baltimore City, who shall be subject 
 to the same constitutional provisions, hold his office for the 
 same term of years, receive the same compensation, and have 
 the same powers, as are herein provided for the judges of said 
 Supreme Bench of Baltimore City ; and all of the provisions 
 of this constitution relating to the assignment of judges to the 
 courts, now existing in said city, and for the dispatch of busi- 
 ness therein, shall apply to the court, for whose creation provision 
 Reapportion- is made by this section. And the General Assembly may re- 
 
 ment ol juris- •' j j 
 
 more'coluui!'"' ^pportiou, chaugc or enlarge the jurisdiction of the several courts 
 in Baltimore city. Until otherwise provided by law, the clerk 
 of the Superior Court of Baltimore City, of the Court of Com- 
 mon Pleas, of the Circuit Court of Baltimore City, of the Balti- 
 more City Court, and of the Criminal Court of Baltimore, shall 
 each give bond in such penalty as is now prescribed by law 
 to be given by the clerks of the courts bearing the same names, 
 under the present constitution. 
 
 Clerks' bonds. 
 
 ORPHANS' COURT. 
 
 Art. 4, part 5, 
 sec. 40 
 
 14. The qualified voters of the city of Baltimore, shall, on 
 Threejudgcs. the Tucsday next after the first Monday in November next, 
 Term of office, and ou the Same day in every fourth year thereafter, elect 
 
 I85-2,c 20,48,1)9. J J J 1 
 
 341 !^i8lf c'ii' ^^^""^^ '"®" ^*^ ^® Judges of the Orphans' Court of said city, 
 i47,-37i, 333,385. ^Ijq gij^H be citizcus of the State, and residents for the twelve 
 Jurisdiction, mouths preceding, in the city. They shall have all the powers 
 now vested in the orphans' courts of the State, subject to 
 such 'changes as the Legislature may prescribe.* Each of said 
 Per diem. judgcs shall be paid a per diem for the time they are actually 
 Vacancy. in scssiou, to be regulated by law, and to be paid by the said 
 
 * The Orphans' Court derives its powers from statutory provisions. Its 
 jurisdiction is confined to the express letter of its authority. Tayl/yr v. Brus- 
 cup, 37 Md. 219; Craufurd's adm. v. Craufurd, 22 Md. 466 ; Price v. Taylor, 
 21 Md. 365; Townsend v. Brooke, 9 Gill, 90; Lowe v. Imce, 6 Md. 352 ; Hay- 
 den v. B^irch, 9 Grill, 82. Normant v. Bryden, 44 Md. 112. 
 
 As to Register of Wills, see Sa'ppington v. Scott, 14 Md. 40- 
 
CoUETS. 189 
 
 Article XIV. — Constitution. 
 
 city. In case of a vacancy in the office of judge of tlie Orphans' 
 Court, the Governor shall appoint, subject to confirmation or 
 rejection by the Senate, some suitable person to fill the same 
 for the residue of the terra. 
 
 15. There shall be a Register of Wills in the city of Bal- iwd, sec. 4i. 
 timore, to be elected by the legal and qualified voters of said r. sister of 
 
 ... . .Wills. 
 
 city, who shall hold his ofiice for six years from the time of Term oi office. 
 his election, and until his successor is elected and qualified ; 
 he shall be re-eligible, and subject at all times to removal for 
 wilful neglect of duty, or misdemeanor in office, in the same 
 manner that the clerks of the courts are removable. In the 
 event of any vacancy in the ofiice of Register of Wills, said vacancy. 
 vacancy shall be filled by the judges of the Orphans' Court, 
 until the next general election for delegates to the General 
 Assembly, when a Register shall be elected to serve for six 
 years thereafter. 
 
 JUSTICES OF THE PEACE. 
 
 16. The Governor, by and with the advice and consent of const, art 4, 
 
 ' •' part 8, .sec. 4J. 
 
 the Senate, shall appoint such number of justices of the Governor to ap- 
 peace, and the Mayor and City Council of Baltimore shall Mayor and city 
 appoint such number of Constables, for the several wards ot point consta- 
 the city of Baltimore, as are now, or may hereafter be P^'^" jss^.c.aTi; 
 scribed by law; and justices of the peace and constables, ism', c.soa.' 
 BO appointed, shall be subject to removal by the judge of the Removal. 
 Criminal Court, for incompetency, wilful neglect of duty, or 
 misdemeanor in office, on conviction in a court of law.*" 
 The justices of the peace and constables, so appointed, and 
 commissioned, shall be conservators of the peace, shall hold Term of office. 
 their ofiice for two years, and shall have such jurisdiction, jurisdiction. 
 duties and compensation, subject to such right ot appeal, in ,853 c.j^i;^^ 
 
 *As to indictment at common law of justice of the peace for malfeasance 
 in office, see Hm v. Stats, 25 Md. 556. As to justices before Const., 1864, 
 see Taylor V. Hebd,7i,202; CantweU v. Owem, 14 Md. 315; State v. Mace, 5 
 Md. 3a7 ; Mayar, &c., v. State, 15 Md. 378. 
 
190 
 
 Courts. 
 
 Article XIV. — Constitution. 
 
 Right of appeal, all cascs, froHi the judgment of justices of the peace, as hath 
 been heretofore exercised, or shall be hereafter prescribed by 
 law. 
 
 17. In the event of a vacancy in the office of a justice of 
 the peace, the Governor shall appoint a person to serve as 
 justice of* the peace, for the residue of the term ; and in case 
 of a vacancy in the office of constable, the Mayor and City 
 Council of Baltimore shall appoint a person to serve as con- 
 stable for the residue of the term. 
 
 Ibid, spc. 43. 
 
 Vacancies. 
 1860, c. 7. 
 
 SHERIFF. 
 Const., art. 4, 18. There shall be elected in the city of Baltimore, in 
 
 part 7, sec. 44. 
 
 Election of every second year, one person, resident in said city, above 
 
 sheriff. ' , i i c 
 
 Quaiiticatioiis. the age ot twenty-iive years, and at least five years precedmg 
 his election, a citizen of this State, to the office of Sheriff, 
 
 Term of office. He shall hold his office for two years, and until his successor 
 is duly elected and qualified ; shall be ineligible for two years 
 
 Bond. thereafter : shall give such bond, exercise such powers, and 
 
 perform such duties as now are, or may hereafter be fixed by 
 
 Vacancy. law.* In casc of a vacancy by death, resignation, refusal to 
 
 serve, or neglect to qualify, or give bond, or by disqualifica- 
 tion, or removal from the city, the Governor shall appoint a 
 person to be Sheriff for the remainder of the official term. 
 
 STATE'S ATTORNEY. 
 
 Const., art. ."), 
 part 2, sec. 7. 
 Election of 
 State's Attor- 
 ney. 
 
 10. There shall be an Attorney for the State in the City of 
 Baltimore, to be styled the State's Attorney, who shall be 
 elected by the voters thereof, respectively, on the Tuesday 
 next after the first Monday in November in the year eighteen 
 
 *Though the Constitution provides for filling the office of Sheriff, it does 
 not specify or describe his powers and duties ; these are left to the common 
 law and Acts of Assembly, and may be changed by law. Mayoi\ <Sx. v. 
 State, 15 Md. 379. See HatcUmn v. Tilden, 4 H. & McH. 279 ; Roberts v. 
 Gibson, 6 H. & J. 116; State v. Wyvuin, 3 G. & J. 254; Kitty v. Hanmwnd, 3 
 H. & McH. 149. 
 
Courts. 191 
 
 Article XIV. — Constitution. 
 
 hundred and sixty seven, and on the same day every fourth 
 
 year thereafter; and shall hold his ofHce for four years from Term of office. 
 
 the first Monday in January next ensuing his election, and 
 
 until his successor shall be elected and qualified ; and shall be 
 
 re-eligible thereto, and be subject to removal therefrom, for Removal. 
 
 incompetency, wilful neglect of duty, or misdemeanor in ofiice, 
 
 on conviction in a court of law, or by a vote of two-thirds of 
 
 the Senate, on the recommendation of the Attorney General. 
 
 20. All elections for the State's Attorney shall be certified ibid, sec. g. 
 to, and returns thereof made to the judge of the Criminal Returns to be 
 
 made to judge 
 
 Court, whose duty it shall be to decide upon the elections and of^criminai 
 qualifications of the persons returned; and, in case of a tie case of tie. 
 between two or more persons, to designate which of said per- 
 sons shall qualify as State's Attorney, and to administer the 
 oaths of office to the person elected. 
 
 21. The State's Attorney shall perform such duties and ibid, sec. a 
 receive such fees and commissions as are now, or may hereaf- Duties. 
 ter be, prescribed by law, and if the State's Attorney shall Kees. 
 receive any other fee* or reward, than such as is, or may be 
 allowed by law, he shall, on conviction thereof, be removed 
 
 from office; provided, that the State's Attorney for Baltimore Proviso. 
 City shall have power to appoint one deputy, at a salary of Depiity in Bai- 
 not more than fifteen hundred dollars per annum, to be paid 
 
 * 1864, c. 243, provides that in any case where judgment shall be recov- 
 ered by the State against any principal debtor and a surety or sureties, and 
 said judgment shall be satisfied by said surety or sureties, the same shall be 
 entered by the attorney representing the State to the use of the surety 
 or sureties satisfying the same, on the said attorney filing in the case a cer- 
 tificate of the Comptroller stating that said judgment has been so satisfied, 
 and said surety or sureties -shall then be entitled to execution in his or their 
 own name or names against the principal and the other sureties. 
 
 Before this Act, where a judgment in favor of the State was paid by a 
 surety, there was no statute which authorized an assignment thereof to such 
 surety to be made by any ofllcer or agent of the State, and it could not be 
 done under 1793, c. 23, s. 8, (P. G. L., Art. 9, sec. 6,) by the State's Attorney. 
 Pmcock V. Pcmhrvkc, 8 Md. 348. 
 
192 
 
 Courts. 
 
 Article XIV. — Constitution. 
 
 by the State's Attorney out of the fees of his office, as has 
 heretofore been practiced. 
 
 Ibid, sec. 10. 22. No j3erson shall be eligible to the office of State's At- 
 
 Quaiificatioiig. tomcy, who has not been admitted to practice law in this 
 
 State, and who has not resided, for at least two years, in the 
 
 county or city in which he may be elected. 
 
 Ibid, sec. 11. 23. In casc of vacancy in the office of State's Attorney, or, 
 
 Vacancy. of his rcmoval from the city in which he shall have been 
 
 elected, or, on his conviction, as herein specified, the said va- 
 cancy shall be filled by the judge of the Criminal Court, for 
 the residue of the term thus made vacant. 
 
 Ibid, sec. 12. 
 
 To collect, &c., 
 money for the 
 
 Bond. 
 
 24. The State's Attorney, in the city of Baltimore, shall 
 have authority to collect, and give receipt, in the name of the 
 State, for such sums of money as may be collected by him, 
 and forthwith make return of, and pay over the same, to the 
 proper accounting officer.* And the State's Attorney of the 
 city of Baltimore, before he shall enter on the discharge of 
 his duties, shall execute a bond to the State of Maryland, for 
 the faithful performance of his duties, in the penalty of ten 
 thousand dollars, with two or more sureties, to be approved by 
 the judge of the Criminal Court. 
 
 COURT OFFICERS. 
 
 Const., art. 4, 25. Such officcrs of the courts in the city of Baltimore. 
 
 part 1, sec. 9. 
 
 Officers Qf as may be found necessary shall be appointed by the judges of 
 
 court, how ap- 
 
 pointed the Supreme Bench of Baltimore City. It shall be the duty 
 
 Compensation, of the General Assembly to prescrilje, by law, a fixed compen- 
 sation for all such officers ; and said judges shall, from time to 
 time, investigate the expenses, costs and charges of their courts, 
 with a view to a change or reduction thereof, and report the 
 result of such investigation to the General Assembly for its 
 action. 
 
 .ludges to in- 
 vestigate and 
 report. 
 
 See Martin v. State, 1 H. & J. 721. 
 
Courts. 193 
 
 Article XIV.— Statutes. 
 
 STATUTES. 
 
 ' SUPERIOR COURT, COURT OF COMMON PLEAS AND 
 CITY COURT. 
 
 1. The judge, before whom any case may be tried, in either isto.c 177. 
 the Baltimore City Court, the Superior Court of Baltimore jurisdiction. 
 City, or in the Court of Common Pleas, shall have exclusive 
 jurisdiction to hear and determine, and the said judge shall 
 
 hear and determine all motions for a new trial where such Motions for new 
 motions arise, either on questions of fact or for misdirection 
 npon any matters of law, and all motions in arrest of judg- 
 ment, 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. 
 
 2. In no case shall either the plaintiff or defendant be isro, c. 177, 
 required to file a " paper book " of evidence or brief, in either no paper book 
 
 ^ r r or brief requir- 
 
 of the courts of the city of Baltimore.* ed. 
 
 3. The stated terms of the Superior Court of Baltimore p. l. l., art. 4, 
 
 , , -r, T . /^. sees. 160, 171 ; 
 
 City, the Court of Common Pleas, and the Baltimore City i8.iT,c.4<ii,s.6; 
 Court, shall commence on the second Monday in January, the Terms. 
 second Monday in May, and the second Monday in September 
 in each year. 
 
 4. In addition to the first day of each term of the Superior i8fi4, c. e, s. i ; 
 
 J , 1H67, c. 401, s. fi; 
 
 Court of Baltimore City, the Court of Common Pleas and tlie i876,c.9g. 
 Baltimore City Court, the second Monday in February, March, Return days. 
 
 *The act of 1870, c. 177, entitled an act to change the jurisdiction of the 
 Supreme Bench of Baltimore City, and re-apportion and enlarge the juris- 
 diction of the Baltimore City Court, the Superior Court of Baltimore City, 
 and the Court of Common Pleas, as provided by section 39 of article 4 of 
 the constitution, (section 13, p. 188 ante) enacts the above two sections. 
 
194 OOUETS. 
 
 Article XIV.— Statutes. 
 
 April, June, July, October, November and December, in each 
 year, shall be return days.* 
 
 1864, c. 6, s. 2. 5. Any person instituting an action in either of said courts. 
 Writ may be may, at liis elcction, have his original writ made returnable to 
 
 made returnable ^ if»i<>i 
 
 to next return tlic ncxt succecdmg rctum day, or, to the urst day oi the next 
 succeeding term. 
 
 ■^Decisions under the Rule Day Act — 1861, c. 4, repealed sees. 161, 
 162, 163, 164, 165, 166, 167, 168, 169, 170, 173, 173 of Art. 4, P. L. L., being 
 the act of 1858, c. 323, for the dispatch of business in the Superior Court 
 and Court of Common Pleas of Baltimore city. The act of 1864, c. 6, en- 
 acted sections 3 to 13 of this Article, being a re-enactment of said repealed 
 sections with amendments. 
 
 Held that under the act of 1858, c. 323, a plaintiff could obtain judgment 
 by default on an open account, verified by affidavit, at the term or on the 
 rule day to which the defendant was summoned and failed to appear, but 
 the court could not, at the same term, extend such judgment by assessment 
 of damages and costs : and that the plaintiff" in such a case was entitled to 
 final judgment only in case the defendant failed to appear before the first 
 day of the term or rule day next thereafter, and then the judgment could 
 go only for the amount of the acconnt thus authenticated : but that the 
 court has no power to allow interest on the account which should have been 
 ascertained by a jury on a writ of inquiry. [But see 1864, c. 175, P. G. L. 
 Art. 75, sec. 62, and 1864, c. 6, s. 9,— sec. 12 of this Article.] Held further, that 
 though the final judgment would be struck out because improperly and 
 prematurely extended and because interest was allowed by the court, yet 
 the judgment by default, for the defendant's failure to appear would not be 
 disturbed, Mailhouse v. Inloes et al. 18 Md. 328. See Gardner v. Jenkins, 14 
 Md. 60. The act of 1858, c. 323, did not confiict with the right of removal 
 of causes from one court to another, provided for by the Constitution and 
 Acts of Assembly. Oriffin v. Leslie, 20 Md. 19. 
 
 A writ of scire facias is not an original writ within the meaning of the act 
 of 1864, c. 6, sec. 2, (sec. 5 of this Article) and can, therefore, be made re- 
 turnable only on the return day of the regular term. Bridge & Woods v. 
 Adams, 32 Md. 577. 
 
 In an action under the act of 1864, c. 6, after sundry unexecuted writs 
 of summons, the defendant was returned " summoned," but did not appear 
 at the return day ; no motion for judgment by default against him was made, 
 and no order taken by the plaintiff" on that day, or on any day previous to the 
 next return day. After several return days had passed, on motion of the plaiai- 
 tiff" in writing, a judgment nisi for want of appearance by the defendant 
 was entered. At the succeeding term, the judgment by default was ex- 
 tended, and during the same term, the defendant appeared and moved that 
 
COUETS, 195 
 
 Article XIV.— Statutes. 
 
 6. On the return of any original writ not executed in either ibid, s. 3. 
 of said courtSj the same may be renewed, returnable to the writ may be 
 next return day thereafter, or to the next term of the said court ^^^^"^^ ' 
 from which said original writ was issued. 
 
 the judgment by default, and the extension thereof be stricken out. The 
 motion was overruled. On appeal held : 1st. That an appeal lies from the 
 order overruling the motion to strike out the judgment. 2d. That on failure 
 of the defendant to appear on the day to which he was returned " sum- 
 moned," the plaintiff was entitled on motion in writing during the time in- 
 tervening between that day and the next return day thereafter, to have a 
 judgment by default entered against the defendant, but having failed to 
 do so within that time he could not claim the right afterward. 3d. That 
 the plaintiff having, by his own lacJtes, lost his right to claim a judgment by 
 default, the cause must be disposed of by the court below, as if the suit had 
 been instituted inelependently of the act of 1864, c. 6. 4th. That the de- 
 fendant having appeared, has the right to plead in the usual form without 
 affidavit. King v. Ilicks, 33 Md. 460. 
 
 An action was instituted, on June 23d, 1870, under act of 1864, c. 6, the 
 writ of summons was made returnable on second Monday of July, '70, the 
 next return day prescribed by the act after the suit was begun ; on the 
 return day the defendant appeared and demurred to the declaration. At 
 the following September term, being the first term thereafter, the plaintiff 
 entered a motion for judgment by default, for want of a plea verified by 
 affidavit ; on December 16th following, the court overruled the demurrer 
 and entered judgment by default, for want of a plea and affidavit of de- 
 fence, and on the same day assessed the damages and entered final judg- 
 ment thereon. Held: That these proceedings were in strict conformity 
 with the requirements of the act of 1864, c. 6. 
 
 The personal liability of a stockholder of a manufacturing company 
 under sec. 52 of Art. 26, P. G. L., is not in the nature of a penalty, butis so far 
 an obligation arising ex contractu as fairly to come within the spirit and 
 intent of the act of 1864, c. 6; and a creditor of such company in an action 
 at law to enforce his claim against an individual stockholder, may make the 
 affidavit thereto as required by said act. Narris v. WremcheU, 34 Md. 492. 
 
 In an action on a single bill, under the act of 1864, c. 6, it is not necessary 
 for the plaintiff filing his cause of action to state in the affidavit required by 
 8th sec. (sec. 11 of this Article,) of the act to be filed with his declaration, 
 the time from which interest is claimed, the amount thereof, or the cost of 
 protest. Canton Nat. Building Association v. Weber, 34 Md. 669. 
 
 Where a plaintiff with a view of bringing his case within the provisions 
 of the act of 1864, c. 6, sec. 8, files with his declaration as the cause of action 
 an account verified by affidavit showing the true amount that the defendant 
 
196 COUETS. 
 
 Article XIV.— Statutes. 
 
 Ibid, 8.4. 7. After the execution of any original writ made return- 
 
 same proceed- able to a rctum day in either of the said conrts, the same pro- 
 
 injjs when re- 
 turned at return ceedinffs may be had in the prosecution of the said writ as 
 
 day as at term. ^ ^ r 
 
 would be proper in case the said writ had been made return- 
 able, and had been returned to a term of the court from which 
 the same was issued. 
 
 is indebted to him over and above all discounts, such account is no part of 
 the pleadings, and should not be allowed to go into the hands of the jury. 
 Ingalls et cU. v. Crmicli et al., 35 Md. 296. 
 
 The appending to a declaration under the act of 1864, c. 6, of a notice re- 
 quiring the defendant to plead vs^ithin fifteen days, does not take the case 
 out of the operation of the statute. 
 
 A bill of particulars furnished upon the c'emand of the defendant, need 
 not be verified by affidavit, the plaintiff" having made affidavit of tlie true 
 amount of the indebtedness of the defendant, and filed the same at the time 
 of the institution of the action. 
 
 The plea of the statute of limitations comes both vi^ithin the letter and 
 spirit of the 7th section of the act of 1864, c. 6. 
 
 Under the act of 1864, c. 6, in default of a plea verified by affidavit, the 
 plaintiff" may take his judgment either " on the first day of the term, or at 
 the return day next succeeding the appearance of the defendant, whichever 
 shall first occur," or at any time during the term. A mere discrepancy be- 
 tween the amount stated in the affidavit of the plaintiff" and the bill of parti- 
 culars subsequently furnished, does not necessarily impeach the bona fides 
 of the former. Jones v. Barnett, 35 Md. 258. 
 
 In an action of assumpsit a judgment by default for want of an affidavit 
 to the pleas as required by the act of 1864, c. 6, sec. 7, (sec. 10 of this article,) 
 was entered at June rule day, 1866, of the Court of Common Pleas, 
 and on the same day damages were assessed by the court and the judgment 
 extended. On this judgment, execution subsequently issued. At May 
 term, 1867, the court passed an order suspending the execution ; from this 
 order the plaintiff"s appealed. Held tliat the appeal lies. The act of 1864, 
 c. 6, which requires a plaintiff" at the time of bringing his action, to file 
 with the declaration an affidavit stating the true amount that the defendant 
 is indebted to him, with the vouchers of his claim, does not require that a 
 copy of such affidavit should be served on the defendant. Oreff et al. v. 
 Fickeyetal.,dOM.A.75. 
 
 The amount claimed in an action on a policy of insurance is a liquidated 
 sum, within the provisions of the act of 1864, c. 6, and may be verified by 
 affidavit. 
 
 With the declaration in an action on a policy of insurance, there was filed 
 an account of the defendant's indebtedness, verified by au affidavit in ac- 
 
Courts. 197 
 
 Article XIV.— Statutes. 
 
 8. If a defendant regularly returned summoned to appear iwd, s. 5. 
 at a stated term or a return day of the court from which the Judgment by 
 
 default, when 
 
 original writ was issued, shall fail to appear on the day to '<» be given. 
 
 which the said writ was returnable, judgment for his default 
 
 may, on motion of the plaintiff made in writing, and filed 
 
 with the clerk of the court from which said original writ was 
 
 issued, be entered by the said court or by the said clerk 
 
 against the said defendant; which said judgment shall be ^Jj^^^^J"^ 
 
 stricken out on his appearance being entered to the action at 
 
 any time before the first return day thereafter ; and if the 
 
 said defendant shall fail to appear within the time above 
 
 limited, the party plaintiff may sue out his writ of inquiry, or writofinq«iry. 
 
 otherwise enter up final judgment, according to the course of 
 
 the court. 
 
 cordance with the eighth section of the act of 1864, c. 6, and the policy- 
 was filed therewith as a voucher, and referred to in the account; a 
 summons was issued on the 9th of December, 1868, and made returnable on 
 the second Monday of the same month, being the first return day thereafter, 
 and was duly served. The defendant appeared by attorney on the return 
 day, and was put under rule plea, by the second Monday, being the 11th 
 day of January, 1869, and the first day of the ensuing term of the court. 
 On the 7th day of January, 1869, the defendant filed its pleas to the merits, 
 with what purported to be its affidavit appended thereto ; a rule replication 
 was laid on the plaintiff, and a joinder of issue upon the pleas was entered 
 by the clerk. On the second Monday of January, 1869, the plaintiffs attorney 
 gave an order to the clerk to strike out the joinder of issue, which was done, 
 and he filed a motion in writing, asking the court to enter judgment against 
 the defendant notwithstanding the pleas, for the reason that the affidavit 
 thereto was insufficient under the seventh section of the act of 1864, c. 6. 
 The defendant afterwards asked leave to file an additional or supplemental 
 plea and affidavit. Judgment by default was entered against the defendant, 
 for want of sufficient affidavit to its pleas. The plaintiff then moved the 
 court to assess the damages and extend the judgment, whereupon the de- 
 fendant moved for trial by jury of the question of the amount of damages 
 to be assessed. The defendant's motion being overruled, the court as- 
 sessed the damages, and extended the judgment for the amount claimed, 
 with interest, &c. The defendant excepted, first, to the refusal of the court 
 to allow amended pleas and affidavit to be filed ; secondly to the entering of 
 the judgment by default, and thirdly, to the extension of the judgment by 
 
198 Courts. 
 
 Artie' e XIV.— Statutes. 
 
 Ibid, s. 6. 9, Every suit where the cause of action is a contract, 
 
 Trial term, whether in writing or not, or whether express or implied, shall 
 stand for trial or judgment on the first day of the term, or at 
 the return day next succeeding the entry of the appearance of 
 the defendant, whichever shall first happen, unless the time 
 shall be extended by the court on cause shown. 
 
 the court, and its refusal to refer the question of damages to a jury. On 
 appeal, Held : 1st. That the leave to the defendant to file additional pleas 
 and affidavit, was properly refused. 2d. That the affidavit filed with the 
 pleas, being altogether defective and insufficient, there was no error in en- 
 tering the judgment by default. 3d. That the application of the defendant 
 fo;* a trial by jury of the amount of damages to be assessed to the plaintiff, 
 should have been granted. When a corporation is sued under the act of 
 1864, c. 6, its pleas must be verified by the oath of some natural person, 
 capable of making an affidavit. Knickerbocker Life Ins. Co. v. Hoeskie, 32 
 Md. 317. 
 
 Suits for the recovery of damages that are liquidated, or for such ascer- 
 tained amounts as the plaintiff can properly and safely swear the defendant 
 owes him, are within the provisions of the act of 1864, c. 6. A bond given 
 to dissolve an attachment and a judgment recovered in the attachment case, 
 constitute a cause of action upon which suit may be properly instituted 
 under above act, against the obligors in the bond. And in such action the 
 filing by the plaintiffs of a properly certified copy of the bond with their de- 
 claration, is a sufficient compliance with the provisions of the 8th sec. of 
 that act McAllister v. Ekhengreen, 34 Md. 55. 
 
 An action was brought under the act of 1864, c. 6, on a bill of lading 
 against the Consignees of a cargo of potatoes, by the owner and master of 
 the schooner aboard which they were shipped, to recover demurrage : the 
 bill of lading allowed a certain number of working days for the discharge 
 of the cargo, and required the consignees to pay demurrage at a certain rate 
 for every day detained thereafter. A judgment by default for the want of 
 an affidavit to the plea, was entered. Held : 1st. That the bill of lading ex- 
 pressly stipulating for the payment of demurrage at a certain rate per day, 
 is a contract within the provisions of the act of 1864, c. 6, (sec. 9 of this 
 Article.) 2d. That the plaintiff having complied with the provisions of 
 the act of 1864, c. 6, the failure of the defendant to receive notice of the 
 affidavit to the plaintiff's declaration through the omission of the clerk, fur- 
 nishes no ground for striking out the judgment. Jones v. Freeman, 29 Md. 
 273. 
 
 A suit against a Telegraph Company for damages sustained by the failure 
 of the company to transmit a dispatch ordering a sale of gold, is a claim for 
 unliquidated damages, and not embraced within the meaning of Art. 4, sees. 
 
Courts. 199 
 
 Article XIV.— Statutes. 
 
 10. In any action brought for any of the causes mentioned ibia, sec. 7. 
 in the last preeeding section, the plaintiff, if he make affi- Plaintiff, how 
 
 ' " ' and when enti- 
 
 davit or affirmation as hereinafter stated, shall be entitled to "^f^ J° •'•^^e- 
 
 ' ment, 
 
 judgment on the first day of the term of the court in which 
 said action is pending, or at the return day next succeeding 
 the appearance of the defendant, whichever shall first happen 
 or occur, although the defendant may have pleaded, unless 
 such plea contains a good defence, and unless the defendant, 
 or some one in his behalf, shall make oath or affirmation that 
 the said plea is true, and that he verily believes that he will 
 be able, at the trial of the cause, to produce sufiicient evi- 
 dence to support the said plea. 
 
 166, 167, 168 and 169 of Code, P. L. L., (1864, c. 6,) which relate only to au 
 ascertained amount of liquidated indebtedness, which the plaintiff can 
 properly and safely swear the defendant owes to him. Smitlmn & Owens v. 
 U. 8. Telegraph Co., 29 Md. 162. 
 
 The narr. did not give the surname of the defendant, but only his Chris- 
 tion name and the initial letter of his middle name. In the affidavit ap- 
 pended to the narr., the defendant's name was given in full. He appeared 
 to the suit ; pleaded and filed several papers in the case giving his name in full 
 and describing himself as said defendant. Held: that the defendant was 
 estopped from setting up the misnomer in the narr. ; and that objection to 
 such misnomer could only be taken by plea in abatement and not by de- 
 murrer, llidi V. Boyce, 39 Md. 314. 
 
 The act of 1864, c. 6, by its terms is applicable to suits where the cause 
 of action is a contract either expressed or implied, and where the plaintiff 
 shall file with his declaration an affidavit stating the true amount that the 
 defendant is indebted to him over and above all discounts, and also file the 
 bond, bill of exchange, promissory note or other writing or account by 
 which the defendant is so indebted. The appeal having been dismissed 
 before it was passed upon by the Court of Appeals, it was held that : 
 
 1. The act of 1864, c. 6, did not apply. 
 
 2. That the cause of action to be within the reason and provision of that 
 act, must be of a character to afford of itself a certain measure or standard 
 for' determining the amount recoverable, so that the true amount of indebt- 
 edness may be averred and verified by the affidavit. 
 
 3. That bonds with collateral conditions, not for the payment of any 
 certain sum of money, and where the recovery thereon must be as for un- 
 liquidated damages, will not constitute a cause of action within the statute. 
 
200 
 
 Courts. 
 
 Article XIV.— Statutes. 
 
 Ibid, s. 8.; 
 
 Plaintlfl's 
 davit, &c. 
 
 11. The plaintiff shall not be entitled to judgment under 
 affi. either of the three preceding sections, unless at the time of 
 bringing his action he shall file with his declaration an affi- 
 davit or affirmation, if he is conscientiously scrupulous as to 
 taking an oath, stating the true amount that the defendant is 
 indebted to him, over and above all discounts, and shall also 
 file the bond, bill of exchange, promissory note, or other 
 writing or account by which the defendant is so indebted ; 
 and the said affidavit or affirmation, may be made before any 
 of the persons who may take an affidavit or affirmation to 
 authorize the issuing of a foreign attachment, and may be cer- 
 tified in the same manner. 
 
 Ibid, 8.9. 12. When any judgment by default shall be entered under 
 
 Assessment of the preceding sections, the court may assess the damages on 
 court. proof thereof, without empanelling a jury to do so. 
 
 13, Writs of execution issued out of the Superior Court 
 of Baltimore City, City Court, or the Court of Common Pleas, 
 may be made returnable, at the election of the plaintiff, to 
 the next succeeding return day of the court from which said 
 writ was issued, or to the next succeeding term of the said 
 court. 
 
 Ibid, s. 10. 
 
 Writs returaa- 
 ble at election 
 of plaintiff. 
 
 4. That if the appeal had been prosecuted and the judgment affirmed, 
 the plaintiffs in the judgment in an action on the appeal bond could have 
 recovered as liquidated damages, the amount of the judgment with interest 
 and costs. 
 
 5. But where the appeal has not been prosecuted, and the judgment has 
 not been affirmed, the rule of damages and the extent of recovery will de- 
 pend upon the loss and injury sustained by reason of the stay of execution 
 on the judgment appealed, from. Keen v. W7dttmgtmi, 40 Md. 490; State v. 
 Steibel, 31 Md. 34. 
 
 Where the defendant has appeared and pleaded, and the cause has been 
 brought to trial in regular course, the affidavit filed with the declaration to 
 entitle the plaintiff to a judgment by default under the act of 1864, c. 6, as 
 authorized by the act, in no manner controls the nature and character of the 
 proof that may be offered by the plaintiff in support of his action. McSlierry 
 V. Brooks, &c., 46 Md. 104. 
 
COUETS. 201 
 
 Article XIV.— Statutes. 
 
 14. On all judgments rendered in the Court of Common isbi.c. 49. 
 Pleas, the City Court, and the Superior Court of Baltimore City, when execu- 
 and on all judgments by default, when extended according to onjmigmeni'of 
 
 1 J 1 /» I ■ courts. 
 
 Jaw and the course of the court, execution may issue at any 
 time after judgment rendered or extended as aforesaid, and 
 the nineteenth section of the twenty-ninth article of the 
 Public General Laws, relating to writs of execution, shall not 
 apply to the city of Baltimore, so far as the same relates to 
 the stay on judgments. 
 
 CIRCUIT COURT. 
 
 15. The regular terms for the sitting of the Circuit Court of i67o, c. 32. 
 Baltimore City, shall be on the second Monday of May, the sec- Terms, 
 ond Monday of September, the second Monday of November, 
 
 the second Monday of January, and the second Monday of 
 March, in each year, and the second Monday in July in each 
 year shall be a return day. 
 
 16. Whenever in any case instituted in the Circuit Court, p. g. L.an.ag, 
 a jury is asked for and allowed, or is desired by the judge jury, 
 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.* 
 
 * An appeal will not lie from a decree of the Circuit Court of Baltimore 
 City to the Supreme Bench of Baltimore. The Supreme Bench has only such 
 jurisdiction as has been conferred upon it by the express provisions of the 
 Constitution of the State. Dykes v. Bunkn, 31 >Id. 239. 
 
 The language, "when proceedings shall be had in such case as is usual 
 in like cases in equity," in section 58 of Article 29 Public General Laws, 
 (section 14, above,) does not import any change in the organic character of 
 the Circuit Court of Baltimore City, as a court of equity, nor imply any 
 material change in the proceedings and practice in equity, in pleadings or 
 evidence ; it relates to the incidents of the trial and effect of the verdict, as a 
 means of informing the mind of the court. 
 
 In the execution of the special power vested in the Circuit Court of Bal- 
 timore City, by the aforementioned section, is included, as a means ne- 
 
202 
 
 Courts. 
 
 Article XIV.— Statutes. 
 
 1874, c. 312. 
 
 Opinions of 
 judge. 
 
 OPINIONS OF JUDGE. 
 
 17. The act of 1874, c. 312, repealed section 110, of Ar- 
 ticle 16 of the Public General Laws, so far as the same requires 
 the judge of the Circuit Court or the Superior Court of Balti- 
 more City to file opinions for or in respect of any final decree 
 or decretal order, whenever such decree or order shall have 
 passed upon argument, oral or in writing, on the part of any 
 of the parties to a cause. 
 
 p. L. L,, art. 4, 
 sec 175. 
 1876, c. 96. 
 
 Terms. 
 
 CRIMINAL COURT. 
 
 18. The Criminal Court of Baltimore shall hold three reg- 
 ular sessions yearly, to commence on the second Monday of 
 January, second Monday of May, and second Monday of Sept- 
 te'mber; and such sessions shall continue until all the business 
 before it shall be finished. 
 
 cessary to the end, the right of framing the issues, and directing the position 
 of the parties Utigant, as plaintiffs or defendants; and the court would have 
 the right to instruct the jury, and to admit or exclude the evidence offered. 
 
 Upon the trial of issues by a jury ordered by the Circuit Court of Balti- 
 more City, in virtue of said section, bills of exception to the rulings of the 
 court will not lie. A jury having been ordered by the Circuit Court of Bal- 
 timore City, in virtue of the provisions of said section, and the Sheriff hav- 
 ing made return that he liad summoned twenty lawful jurors, the Court of 
 ^Appeals cannot inquire whetlier they were a part of the panel summoned to 
 attend some other court, from which they were taken, or whether they 
 were in attendance on some other court or not. Where no objection is 
 made to the form of the issues before the trial in the court below, such ob- 
 jection will not be considered in the Court of Appeals. Upon the rendi- 
 tion of the verdict upon issues submitted to a jury by the Circuit Court of 
 Baltimore City, in virtue of said section, the party against whom it is given, 
 if he thinks it is contrary to evidence, has the right to move for a new trial, 
 or to proceed to take further testimony. 
 
 The jurisdiction of the Circuit Court of Baltimore City, is co-extensive 
 with the limits of the city, and unless restrained by law it may assemble 
 within such limits, wherever its convenience dictates. Barth v. Rosenfdd et 
 al., 36 Md. 604. 
 
Courts. 203 
 
 Article XIV. — Statutes. 
 
 19. At such special sessions of said court, all cases may be p. l. l., art. 4, 
 tried and disposed of as at the regular terms thereof. cTses. 
 
 20. The Criminal Court of Baltimore shall have iurisdic- p- g. L.,art.29, 
 
 . » 1 J 1 • sec. 59 
 
 tion in all cases ot felony, and other cnmes, ofi'ences and mis- Jurisdiction. 
 demeanors within the city of Baltimore.* 
 
 21. All commitments and recognizances for all felonies, ibid,8ec.r.2; p. 
 crimes, offences and misdemeanors committed within said city, in. 
 
 shall be returned from time to time by any justice of the peace commitments 
 taking the same before said court, and shall be lodged with "ilces "^"^ 
 the clerk of said court on the day next preceding the day ap- 
 pointed for holding the said court. 
 
 22. The justices of the peace for Baltimore city, whenever p. l.l., art. 4, 
 they shall commit any person for want of bail, for trial, on witness to be 
 charges of assault and battery, for keeping a disorderly house, court. 
 
 or for violation of Article fifty-six of Code of Public General 
 Laws entitled Licenses, and for any other small offences for 
 which no greater punishment than fine and imprisonment can 
 be imposed, shall endorse on said commitments the names and 
 places of residence of the witnesses, who shall have appeared 
 before them on behalf of the prosecution, and shall recognize 
 said witnesses to appear before said court on the next Satur- 
 day thereafter. 
 
 23. The Warden of Baltimore City Jail shall, on receiving ibia.rsec. iso. 
 said commitment, enter the names and places of residence of warden's duty. 
 said witnesses on his docket, and shall, on demand, give a 
 
 copy thereof to the accused, together with a copy of the com- 
 mitment. 
 
 * Larceny.— 18U, c. 50, provides that any person convicted in tlie Crimi- 
 nal Court of Baltimore, 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. 
 
204 
 
 COUBTS. 
 
 Article XIV.— Statutes. 
 
 Ibid, sec. 181. 
 
 Warden to 
 bring prisoners 
 before court. 
 
 Trial before 
 court. 
 
 Ibid, sec. 182. 
 
 Original cnm- 
 mitmeut. 
 
 Ibid, sec, IS 
 Costs. 
 
 24. The said warden shall bring before the Criminal Court 
 every person who may be committed to jail for want of 
 bail, for any of the offences mentioned in the above section 
 twenty, on the Saturday next succeeding his or her commit- 
 ment ; and if the said person shall think proper to waive his 
 or her right to a trial by jury, and have his or her cause heard 
 and determined in a summary way, the said court shall hear 
 and determine the same, and the same shall be proceeded with 
 in the same manner, and to the same legal effect, as if sub- 
 mitted on presentment or indictment by the grand jury. 
 
 25. The said warden shall file with the clerk of said court 
 the original commitment, or a copy thereof, on the day preced- 
 ing the trial. 
 
 26. The clerk of said court shall tax only half the legal 
 charges in such cases, established by law in cases of indictment 
 found by a grand jury ; and all cases of presentment for vio- 
 lation of the provisions of Article fifty-six of the Code of 
 Public General Laws, may be tried upon said presentment, 
 and be chargeable with only half the legal costs chargeable in 
 such cases, when tried upon indictment. 
 
 ii.id,sec. 184. 27. It shall be the duty of the Sheriff to make return of 
 When capias to all capias upoH presentment or indictment from said court with- 
 
 be re-issued. . p i /. i .... , i • i i i i 
 
 in live 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 there- 
 of shall be endorsed thereon ; and the second return shall be 
 made within the time above specified ; and in case the said 
 capias is returned the second time non est, the same shall be 
 again so endorsed and delivered to the Sheriff. 
 
 Ibid, sec. 185. 28. The clcrk of the said court, and the Sheriff of the said 
 Fees. city, shall be allowed only the fees for the issue of one capias, 
 
 Time within 
 which to be re- 
 turned. 
 
Courts. 205 
 
 Article XIV.— Statutes. 
 
 or for the service of one capias in each term, however often 
 the same may be issued or returned. 
 
 29. All subpoenas for witnesses from said court, shall be ^^^^> ^ec. ise. 
 returned by the Sheriff within six days after the same are subpoenas for 
 
 •' •' witnesses. 
 
 issued by the clerk, or within six days after the day of the 
 renewal of such subpoenas, unless the same are ordered to be 
 returned immediately, in which case they shall be so returned 
 if practicable. 
 
 30. The said Sheriff shall be allowed for the service of one ibid.sec is?. 
 subpoena only, against any witness that may be returned non Kecs. 
 
 est, and for whom the said subpoena may be renewed, whether 
 one or oftener in one term. 
 
 31. The clerk of said court, if a subpoena is renewed by ibia.sec. iss. 
 order of the State's Attorney, or by the counsel of the prisoner Renewal of sub- 
 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. 
 
 32. The Sheriff of said city shall be subject to a penalty ibi<i,Bec. ibq. 
 of five dollars in each case in which returns are not made Penalty ou 
 within the time prescribed in this article. 
 
 33. The judge of said court shall hold a court every Satur- h-^g- l., art. 29, 
 day during the year, on which day no petit jury shall be in Saturday court. 
 attendance, unless such jury has been empanelled, and the case no jury. 
 before it not concluded. 
 
 34. In all cases of misdemeanor, which may be prosecuted ibid,sec.64. 
 in said court, at the instance of any person, if the party or wh- p---; 
 parties 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 prose- 
 cution. 
 
206 CoufiTS. 
 
 Article XIV.— Statutes. 
 
 Ibid, sec. 66. 35. The Same process may be issued for the recovery of 
 
 How costs re- 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, 
 she or they had been convicted. 
 
 Ibid, sec. 66. 36. Whenever the grand jury shall find any presentment 
 
 Prosecutor's agaiust any person for a misdemeanor, they shall endorse on 
 
 name on indict- i /» i i • 
 
 ment for misde- the presentment the name or the person at whose instance such 
 
 meaner. 
 
 presentment is made, who shall be deemed and taken to be 
 the person at whose instance such prosecution was commenced. 
 
 Ibid, sec. 67 37. If any security in any recognizance shall request to 
 
 Judge or court deliver up the principal, the said court, or the judge thereof 
 
 to accept sur- . , i i t . i 
 
 render by bail, in thc rcccss, may acccpt such surrender, and may require and 
 take other recognizance, or commit the principal to jail until 
 he gives such security as the law requires. 
 
 Ibid, sec. 68. 38. If any person convicted in said court shall have a child 
 
 Children of con- 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 tnxde or 
 handicraft ; females until the age of sixteen, and males until 
 the age of twenty-one years. 
 
 Ibid, sec. G9. 39. If any person, who shall be summoned as a witness to 
 
 Fine on wit- 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. 
 
 Ibid, sec. 70; p. 40. lu all Criminal cases in the said court, in which bail 
 132. ' ' ' • shall be forfeited, the person or persons who shall have entered 
 When ball lia- iuto sucli rccognizauce or recognizances for the appearance of 
 ment for con- any traverser or prisoner, shall be liable forthwith to an attach- 
 ment for contempt for the non-appearance of the said party, 
 which attachment shall be issued by the court in which an indict- 
 ment against said traverser or prisoner is pending, at the in- 
 stance of the attorney prosecuting therein. 
 
 tempt. 
 
Courts. 207 
 
 Article XIV.— Statutes. 
 
 41. In all cases in which bail as aforesaid is forfeited, the iwd, sec. 71. 
 
 ' Ibid, sec. 133. 
 
 court may, on the return of said attachment, order the person To be commu- 
 ted till pay- 
 or persons attached to stand committed until the amount of ™e"'- 
 
 said recognizance is fully paid and satisfied, or may order said 
 
 person or persons to be discharged upon the payment of such 
 
 lesser sum as it shall, in its discretion, deem proper ; provided, Proviso. 
 
 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.* 
 
 42. In all criminal cases removed from the Circuit Court pl. l., art.4, 
 
 sec. a-l. 
 
 for Baltimore County to the Criminal Court of Baltimore and ises, c. i87. 
 tried, the judge of the Criminal Court may allow to the State's Attorney in re 
 
 A '/• T» 1 • • 1 1 • II 1 moved cases. 
 
 Attorney tor Baltimore, in addition to the sum now allowed 
 by law, a compensation not exceeding forty dollars in any one 
 ease, to be paid by Baltimore county to the Register of the 
 City for the benefit of the State's Attorney.f 
 
 43. The Criminal Court of Baltimore may appoint assistant ^^^■^' "'• ^' 
 counsel for the State to aid in the trial of criminal or other Assistant 
 
 couu.sel. 
 
 State cases in said court, whenever in the judgment of the 
 court the public interest requires it. 
 
 44. The Mayor and City Council of Baltimore shall levy ibid, sec. a. 
 and pay such sum as in their judgment will be an adequate compensation. 
 compensation for the services rendered by such assistant coun- 
 sel; provided, the sum levied and paid in any single case shall proviso. 
 not exceed one hundred dollars. 
 
 * Grason, J., in Blfs case on Juib. corp., in Circuit Court for Baltimore Coun- 
 ty, Oct. 1868, decided that the Act of 1854, c. 114, being sections 40 and 41 
 above, was unconstitutional on the ground that a recognizance is not only 
 legally defined as an obligation of record, but in language and substance is 
 a debt ; and the object of the act of 1854 evidently being to collect this debt 
 by the process of attachment of the person in the mode prescribed, this the 
 Legislature could not constitutionally authorize to be done. Mace v. State, 
 5 Md. 350 ; Thompson v. State, 16 Ind. R. 516. Dec. of Rights, art. 23, 25. 
 
 tSee Mayor, &c. v. Co. Com. Bal. Co. 19 Md. 554; Co. Com. Howard Co. v. 
 same of FreiVk Co., 30 Md. 432. 
 
208 Courts. 
 
 Article XIV.— Statutes. 
 
 ORPHAN'S COURT. 
 
 1865, c. 109. 45, The judges of the Orphans' Court of Baltimore City 
 
 Judges' pay. shall receive six dollars for every day's attendance upon the 
 sessions of said court, to be paid by the city of Baltimore. 
 
 1868, c. 20. 46. The bailiff of said Orphans' Court shall receive four 
 
 Pay of baiiifl'. dollars a day for each day's attendance upon said court. 
 
 p. L. L., art. 4, 47. Whenever a mariner residing in or sailing to or from 
 When intestate the port of Baltimore shall depart this life intestate, and leav- 
 estatetode- lus^ no rolatioDS within the fifth degree, to be reckoned by 
 
 volveonC.M. . j -, , o ' •( 
 
 society. couuting dowu from the common ancestor to the more remote, 
 
 the whole surplus estate of such mariner, after paying debts, 
 funeral expenses and costs of administration, shall devolve on 
 and become the property of the Charitable Marine Society of 
 Baltimore.* 
 
 REGISTER OP WILLS. 
 
 Ibid, sec. 824. 48. The Register of Wills of Baltimore City, upon his 
 Bond. election or appointment, and at or before the expiration of 
 
 every two years thereafter, shall give bond to the State of Mary- 
 land in the sum of thirty thousand dollars, conditioned for the 
 faithful performance of all the duties now or which may here- 
 after be required of him by law, with securities, the sufficiency 
 of which shall be certified by the judges of the Orphans' Court 
 for said city, the same to be approved by the Comptroller, and, 
 when approved, to be filed in his office. 
 
 * In 1835 application was made by an officer of the above society for letters 
 
 of administration on the estate of a seaman who died abroad in . This 
 
 was resisted by II. having the funds of the deceased in his hands, and claim- 
 ing to retain a portion of it for services rendered, the deceased having no 
 kindred : held, that H. on proving himself to be a creditor, would be entitled 
 to administration, and that in the absence of sucli proof the Orphans' Court 
 could grant letters in their discretion. Hoffman v. Gould, 8 G. and J. 79. 
 See Code P. G. L. Art. 93, sec. 136 ; O. IT. ^hml v. Oreenwdl, 4 G. & J. 407 ; 
 I'homas, adnCr, v. Fred. Co. Scliod, 7 G. and J. 369. 
 
Courts. 209 
 
 Article XIV.— Statutes. 
 
 49. When said bond is inspected by the judges of said iwd, sec. sas. 
 court, and is deemed good and sufficient, and is so certified, the Approval of 
 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 forth- 
 with make a certificate of the fact of such approval, and send 
 the said certificate to the judges of said Orphans' Court, and 
 the same shall be entered among the proceedings of the court. 
 
 50. A refusal or neglect on the part of said Register to give ibid, sac. sae. 
 bond, to be approved and recorded as aforesaid within the time Neglect to bond 
 
 ^ ^ ... '^ vacate ofllce. 
 
 prescribed, shall be deemed a disqualification within the mean- 
 ing of the Constitution, and thereupon his place shall be filled 
 according to the provisions of the twenty-fifth and forty-first 
 sections* of the fourth article of the Constitution, and subject 
 to the term and service therein prescribed. 
 
 CLERKS OF LAW COURTS. 
 
 51. The clerk of the Superior Court of Baltimore City shall p,,g. L.,^art- '«' 
 give bond to the State of Maryland in the sum of thirty thou- ise^.c.ioij.s. 
 sand dollars, the clerk of the Court of Common Pleas in the ^o^^^^of ^lerks 
 sum of fifty thousand dollars, and the clerk of the Baltimore 
 
 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, or which may 
 hereafter be required of them 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 
 as herein directed. 
 
 52. When the sufficiency of the securities in each of said ibid, sec. 67. 
 bonds is certified to by the judges of the several courts, the Approval, 
 bonds shall be immediately recorded among the proceedings of 
 
 the court to which the said clerk belongs, and then sent to the 
 
 *Sec. 15, p. 189, ante. 
 
210 
 
 Courts. 
 
 Article XIV. — Statutes. 
 
 Ibid, sec. 
 
 Renewal of 
 bond. 
 
 Ibid, sec. 69. 
 
 Failure to give 
 bond. 
 
 Ibid, sec. 70. 
 
 No deputy to 
 be surety. 
 
 1864, c. 74. 
 1864, c. 385. 
 
 To keep an in- 
 dex of judg- 
 ments. 
 
 Comptroller for his approval ; and if the Comptroller shall ap- 
 prove said bonds and securities, he shall certify the same to the 
 judges of said several courts, and such certificates shall be 
 recorded in such appropriate courts. 
 
 53. Each of said clerks shall every second year renew his 
 said bond in the same penalty, and with securities to be certi- 
 fied and approved as hereinbefore directed. 
 
 54. If any one of the clerks of said courts shall fail to give 
 bond as herein directed, within thirty days after he has received 
 his commission, or shall fail to give a new bond within thirty 
 dayB after the expiration of two years from the date of the 
 bond previously given, it shall be regarded as a misdemeanor 
 in ofiice, and upon conviction thereof he shall be removed.* 
 
 55. No deputy or assistant of a clerk shall become a surety 
 on his official bond. 
 
 56. 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 
 
 *The Const, of 1851, Art. 4, sec. 14, and Const. 1864, Art. 4, sees. 29, 39, 
 provided that the clerk of the Superior Court of Baltimore City should be 
 subject " to be removed for wilful neglect of duty, or other misdemeanor in 
 office, on conviction in a court of law." The act of 1856, c. 286, s. 5, enacted 
 that " a refusal or neglect " on the part of this clerk to give the bond pre- 
 scribed by this act " wittiin thirty days after its passage shall be deemed a dis- 
 qualification within the meaning of the Constitution," and directed his place 
 to be filled by the judge of the court, as provided in case of a vacancy by ihe 
 provisions of the Constitution. Held, that this section of the act in question 
 was unconstitutional, because it provided for the removal of the clerk in a 
 manner directly in conflict with the one prescribed by the Constitution. — 
 Before the clerk could be removed for such failure to gjve bond, he must be 
 convicted therefor in " a Court of law of wilful neglect of duty in office," 
 [sec. 54.] The Constitution of 1851, Art. 4, sec. 16, made all existing laws 
 relating to the former clerks applicable to the new clerks to be elected under 
 thatjnstrument, and gave the Legislature power from time to time to amend 
 and alter them, and under this provision the Legislature had the power to 
 pass the act of 1856, c. 286, with the exception of s. 5, [which is sec. 54, 
 modified to conform to this decision.] Bowling v. Smith, 9 Md. 242. See 
 Const. 1867, Art. 4, sees. 37, 39. 
 
COUKTS. 211 
 
 Article XIV.— Statutes. 
 
 rendered in the courts aforesaid, and they shall severally, on 
 each day after the adjournment of court, enter in a book to be 
 provided for that purpose, an index of each judgment rendered 
 in the court whereof he is clerk, and they are authorized sever- 
 ally 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. 
 
 CLERK OF THE CRIMINAL COURT. 
 
 57. The clerk of the Criminal Court of Baltimore shall ibid, sec. 74. 
 ffive bond to the State of Maryland in the penalty of fourteen Bond of cierk; 
 
 o •' 'of Criminal 
 
 thousand dollars, with suflBcient sucurity, to be approved by court. 
 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. 
 
 58. The said clerk shall renew said bond at the same time iwd, sec. 75. 
 and under the same penalty as are prescribed for the clerks of B^enewaiof 
 the circuit courts. 
 
 CLERK OF THE CIRCUIT COURT. 
 
 59. There shall be a clerk of the Circuit Court for Balti- ibid, sec. 76. 
 more City, who shall in his election, tenure of office, liabilities, cierk of circuit 
 powers, duties and compensation, in all respects stand on the 
 
 same footing with the clerk of the Superior Court of Baltimore 
 City ; provided, that his powers, duties and compensation shall proviso. 
 be limited to cases in which the circuit court has jurisdiction ; 
 and he shall enter into bond to the State in the penalty of Bond, 
 twenty thousand dollars, conditioned for the faithful discharge 
 of his duties, with security to be approved by the judge of said 
 court. 
 
212 Courts. 
 
 Article XIV.— Statutes. 
 
 SALARIES OF CLERKS. 
 
 1868, c. 54. 60. Whenever the fees or other coin])ensation of any of the 
 
 Salaries of clcrks of the courts of Baltimore city shall, after the payment 
 
 clerks. 
 
 of all necessary expenses, fail to pay such officers the salary 
 provided for by the constitution, and said clerks, or any of 
 them, shall, under section first, article fifteen, of the constitu- 
 tion, have paid to the State any sum or sums of money as ex- 
 cess, after retaining his salary, such excess, is hereby appropria- 
 ted to the payment of the salary or salaries so in arrear until 
 each of said clerks shall have received the full amount thereof; 
 Dutyof comp- and it shall be the duty of the Comptroller of the State to 
 
 troller. •' ' 
 
 draw a warrant upon the State Treasurer for the payment of 
 said arrears out of the said excess, not to exceed the amount 
 so in arrear, and not to exceed the whole amount of said excess 
 paid into the treasury of the State.* 
 
 COURT OFFICERS, 
 p. L. L.,art. 4, 61. The clcrks of the Circuit Court, the Criminal Court, 
 
 sec. 134 ' 
 
 1870,0.94. the Court of Common Pleas, the City Court and the Superior 
 
 Pay. Court of Baltimore City, shall severally, at the end of every 
 
 month, certify to the Mayor and Register of the City the amount 
 
 due the several bailiffs and criers of their respective courts, 
 
 and the Mayor and Register shall pay them accordingly. 
 
 1864, c. 113. 62. The Register of the City of Baltimore shall pay to the 
 
 Their salaries, cricr of the Suporior Court of Baltimore City, and the crier of 
 the Court of Common Pleas for 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 certifi- 
 cate of the clerks of said courts, that said criers have perform- 
 
 * 1868, c. 54, was enacted to carry into effect section 37, Art. 4 of Const., 
 p. 186, ante. See Const., Art. 3, sec. 45, and Art. 15, sec. 1. 
 
Courts. 213 
 
 Article XIV.— Statutes. 
 
 ed their several duties as criers of said courts for the time so 
 certified by said clerks. 
 
 63. The Register of the City of Baltimore shall pay to the i87o, c. 94. 
 bailifis respectively of the Superior Court of Baltimore City, salaries of baii- 
 of the Court of Commoo Pleas of Baltimore City, of the Bal- 
 timore City Court, of the Circuit Court 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, and the crier of the Court of Common 
 Pleas of Baltimore City. 
 
 64. The clerk of the Circuit Court of Baltimore City, is i87a,c. 87. 
 authorized and empowered to appoint a night watchman, Night watch- 
 
 » ^ '^ ° man of office of 
 
 whose duty shall be to strictly and vigilantly guard throughout ^^^\°^ ^'""''^^ 
 the year, between the hours of six P. M. and seven A. M., the Duties. 
 records and papers deposited in the ofiice of the clerk of the 
 Circuit Court of Baltimore City, and who shall be removed, Removal of 
 
 watchman. 
 
 in the discretion of the said clerk of the Circuit Court, for neg- 
 lect or carelessness in the discharge of his duties, or for other 
 good and sufiicient cause. 
 
 65. The Register of the City of Baltimore shall pay to the ibid, s. 2. 
 said watchman the sum of nine hundred dollars per annum, as, city Register to 
 
 •J 1 i- i.u pay salary. 
 
 and for his salary, in the same manner as is provided tor the 
 payment of the salaries of the bailifl^s of the courts. 
 
 66. The clerk of the Court of Common Pleas in Baltimore i878, c 479. 
 City is hereby authorized and empowered to appoint a night Night wau;h-^^ 
 watchman, whose duty it shall be to strictly and vigilantly cffj,"^^^;"'"- 
 guard throughout the year the records and papers deposited in Du.ies. , 
 the office of the clerk of the Court of Common Pleas, and 
 
 who shall be removed, in the discretion of the said clerk, for Removal, 
 neglect or carelessness in the discharge of his duties or for 
 other good and sufficient cause. 
 
214 Courts. 
 
 Article XIV.— Statutes. 
 
 Ibid, s. 2. 67. The Register of the City of Baltimore shall pay to the 
 
 Salary. Said watchmaii 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. 
 
 STENOGRAPHERS. 
 
 1867, c. 573, s.i. 68. In cvcry action in which issue of fact is now, or shall 
 Fund for pay- hereafter be ioined in the Superior Court of Baltimore City, 
 
 mentof steno- ^ 
 
 graphers. or in the Court of Common Pleas, except in cases of appeal 
 
 from a judgment of a justice of the peace, the plaintiff or 
 plaintiffs in such action, shall as a condition precedent to such 
 action being brought to trial, pay to the clerk the sum of three 
 dollars, and in every such action brought in the Court of Com- 
 mon Pleas on appeal from a judgment of a justice of the peace, 
 the party appellant shall, as a condition precedent to such 
 action being brought to trial, pay to the clerk the sum of one 
 dollar, and the amounts so received by the clerks of said courts, 
 respectively, shall be accounted for under oath and paid over 
 monthly by the said clerks to the Comptroller of the City of Balti- 
 more, and by him deposited in the city treasury, to be used as 
 a fund for the payment of the stenographers employed in said 
 courts, as provided for in the next succeeding section. If 
 the fund thus created be inadequate to pay such salaries, the 
 additional amount necessary for such payment shall be taken 
 and paid from the fund appropriated by the Mayor and City 
 Council of Baltimore for certain expenses, to which fund any 
 surplus of the sums so paid over to the Comptroller, as herein- 
 before provided, shall be credited. 
 
 Ibid, s. 2. 69. The judge of each of the courts hereinbefore named, 
 
 stenographers is hereby authorized and directed to appoint a stenographer 
 Common Pleas for such court, who shall be a sworn officer of the court, and 
 
 and Superior 
 
 Court. shall be paid a salary of twenty-five hundred dollars per an- 
 
 Their salaries, num, in like manner as the salaries of other ofiicers of the 
 
 court are now paid, as prescribed in section 134, P. L. L. Art. 
 
Courts. 215 
 
 Article XIV.— Statutes. 
 
 4 (being sec. 61, p. 212, ante.) The stenographer so appointed 
 shall be skilled in the practice of his art, and shall hold his 
 position so long as he efficiently discharges the duties of his 
 office. It shall be his duty, under the direction of the judge Duties. 
 of the court, to take full stenographic notes of all oral testi- 
 mony and judicial opinions orally delivered in every trial at 
 the regular terms tfiereof ; and in case the judge shall require 
 a transcript of such stenographic notes, or of any portion 
 thereof, he shall order the expense of such transcription to be 
 paid equally by the parties to the action at the rate of ten 
 cents for every one hundred words so transcribed, and shall 
 enforce payment thereof; and the amount so paid, together 
 with the sum paid as a condition precedent to the cause being 
 brought to trial, shall be deemed a necessary disbursement of 
 the ^;rial and allowed as such to the prevailing party in the 
 action, and shall be so taxed in the bill of costs of the action. 
 It shall further be the duty of the stenographer to furnish to 
 any party to such trials, upon request, a copy of the notes of 
 testimony and judicial opinions taken by him on such trials, or 
 of such part thereof as may be required, on payment, on be- 
 half of such party, of the expense of such copy at the rate 
 hereinbefore prescribed. It shall further be his duty, under 
 the superintendence and direction of the judge of the court, to 
 prepare for publication, from time to time, a volume of reports Reports of cases. 
 of such judicial opinions of the court as the judge thereof may 
 designate, and particularly of such as may concern questions 
 of interest to courts in other portions of the State, fie 
 shall receive no additional compensation for the preparation of 
 such reports, but shall be entitled to the copyrights thereof, 
 provided they shall be published at his expense. 
 
 7 70. The judges of the Orphans' Court of the City of Balti- iv.d, s. 3. 
 more are hereby authorized and directed to appoint a steno- s^tenographer 
 grapber for that court, who shall be a sworn officer of the court, court. 
 but shall be required to attend the sessions of such court only 
 
216 COUKTS. 
 
 Article XIV.— Statutes. 
 
 when specially summoned by the presiding judge thereof. 
 
 His duties. The Stenographer so appointed shall be skilled in the practice 
 of his art, and shall hold his position so long as he efficiently 
 discharges the duties of his office. In any proceeding in said 
 court in which either party shall give notice that in the event 
 of a decision of said court adverse to the claim of such party, 
 an appeal will be taken to the Court of Appeals, the presiding 
 judge of the court shall require the attendance of the steno- 
 grapher, whose duty it shall be in such proceedings, to take 
 full stenographic notes of all oral proofs and judicial opinions 
 . orally delivered, and in case appeal shall be taken from the 
 decision of the court, such notes shall be transcribed, and after 
 being signed by the witnesses, deponents or affiants, shall be- 
 come a portion of the record of the case, to be transmitted by 
 the judges of the court to the Court of Appeals. By consent 
 of the parties to the proceeding in which such proofs shall be 
 taken, and of the judges of said court, the signing of such re- 
 cord* 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 
 
 Hiscompensa- as Compensation for his services, the sum of eight dollars for 
 
 tion. ' c5 
 
 each day of actual attendance at the court, by direction of the 
 presiding judge thereof, which sum the presiding judge shall 
 cause to be paid equally by the respective parties to the pro- 
 ceeding in which the notes shall be taken, and shall enfbrce 
 payment thereof, and if the notes so taken shall be transcribed, 
 as hereinbefore provided, the expense of such transcription at 
 the rate of ten cents for each one hundred words so tran- 
 scribed, shall be taxed in the bill of costs of the proceeding to 
 
 * Under act of 1867, c. 373, s. 3, [sec. 70 above] depositions of witnesses taken 
 "without the aid of the stenographer, are not required to be signed by the de- 
 ponents. Cannon, Adirix. v. Crook dt Wife, 32 Md. 483 ; Benison v. Denison, 
 35 Md. 370. 
 
Courts. 217 
 
 Article XIV.— Statutes. 
 
 the party appellant, and shall thereafter be awarded as costs 
 by the Court of Appeals, in accordance with the provisions of 
 section forty-two of article twenty-nine of the Code of Public 
 General Laws. 
 
 71. The stenographer in each of the courts hereinbefore iwa, s. 4. 
 
 named may appoint an assistant stenographer, who shall also Assistant steno- 
 graphers. 
 be a sworn officer of the court, to assist him in the discharge of 
 
 his duties ; provided, that no additional compensation shall be Proviso. 
 
 paid, or expense incurred, by reason of such appointment. 
 
 SHERIFF. 
 
 72. The Sheriff of Baltimore City shall be allowed four i874, c. soo. 
 dollars a day for every day he shall attend, either in person or Pay. 
 
 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 Sheriif 's office, 
 belonging to the State. 
 
 73. Any officer may send out his fees on execution at any isei, c. 55. 
 
 . , . , Execution for 
 
 time during the year. tees. 
 
 74. The Sheriff shall collect the fees due to the following isei, c. 53, «. a. 
 officers, which may be placed in his hands for collection, what officers' 
 
 ' •' • _ tees stierifl to 
 
 namely: attorneys, clerks of all the courts, commissioner ofcouect. 
 the land office, coroners, criers, registers of wills, surveyors and 
 sheriffis. 
 
 75. The Sheriff may distrain or execute the goods and ibid, a. 3. 
 chattels of any person against whom any fees are placed in when.sheriif 
 his hands for collection ; provided, he has sixty days previously *<=■> f«r fee..' 
 delivered to such person, or left at his place of abode, an account Proviso. 
 
 of such fees. 
 
218 
 
 Courts. 
 
 Article XIV.— Statutes. 
 
 1878. c. 28. 
 Per diem. 
 
 In Criminal 
 Court. 
 
 WITNESSES. 
 
 76. Witnesses attending any of the courts of Baltimore 
 citv, 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. 
 
 JUSTICES OP THE PEACE AND CONSTABLES. 
 
 1876, c. -28. 77. The Governor, by and with the advice and consent of 
 
 Appointment of the Senate, shall appoint seven Justices of the Peace from the 
 
 justices. 1 (- 
 
 First Legislative District of Baltimore City, one for each of 
 the wards thereof; seven Justices of tlie Peace from the Second 
 Legislative District of Baltimore City, one for each of the 
 wards thereof; six Justices of the Peace from the Third Legis- 
 lative District of Baltimore City, one for each of the wards 
 thereof; and six Justices of the Peace from the City of Balti- 
 more at large, who shall be appointed from such ward or wards 
 as the Governor may elect and determine. 
 
 78. Each of said Justices of the Peace, before entering 
 upon the duties of his office, shall give to the State of Mary- 
 land a good and sufiicient bond, with a surety or sureties to be 
 approved by the judge of the Superior Court of Baltimore 
 City, in tlie 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 theoflice 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 forfei- 
 tures, or the portion thereof which he is bound to account for and 
 pay over to said respective ofiicers, and that he will faithfully and 
 truly account for and pay over to the person or persons or cor- 
 poration entitled to receive the same all money belonging to 
 
 1876, c. 28. 
 Bonds. 
 
 What to ac- 
 count for. 
 
Courts. 219 
 
 Article XIV. — Statutes. 
 
 such person or persons or corporation which may come into his 
 hands as such justice of the peace. 
 
 79. The Justices of the Peace for said city shall keep their p. l. l., art. 4, 
 
 sec. 621. 
 
 places of official business open each and every day (Sunday OAice hours, 
 excepted,) from the hour of eight o'clock in the forenoon until 
 one o'clock in the afternoon, and from three o'clock in the 
 afternoon until six o'clock in the afternoon ; but nothing 
 herein contained shall be construed to exempt them from the 
 duty of attending at all times to the criminal business of the 
 State. 
 
 80. No Justice of the Peace, in any case of debt or damages ibi<i, sec. 622. 
 whatever, shall issue a summons or execution, except on ap Not to issue 
 
 writ but on ap- 
 plication for the same by the plaintiff or his attorney in person, i;"9»M°'» °* ^ 
 
 or by writing accompanied with the cause or causes of action Forney. 
 
 in said case ; 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 Penalty. 
 
 of Baltimore, and shall on conviction be disqualified from 
 
 holding his office. 
 
 81. Every summons issued by said justices shall be made iwd, sec. ew. 
 returnable before the same, or any justice of the peace of the Before whom 
 
 ' "^ '' u 1 1 summons may 
 
 ward in which tlie debtor may reside, and the defendant shall ^e made^return- 
 have his election to have his cause tried before the justice who t"ed. 
 
 Note.— In City Court January 24, 1876, Wollnum v. Sonneborn. In this 
 case the plaintiff held defendant's promissory note for $100, on which in- 
 terest was due. He sued before a justice, waiving the interest, and on appeal 
 by defendant from the judgment below, Brown, C. J., held that : the plam- 
 tiff had a right, if he saw fit, to waive the interest for the purpose of bringing 
 the case within the justice's jurisdiction, as the interest was not part of the 
 original contract. 
 
220 CODRTB. 
 
 Article XIV.— Statutes. 
 
 issued the summons, or before the justice of the ward in which 
 he resides.* 
 
 * This act applies only to civil suits and not to a penal prosecution for violat- 
 ing a city ordinance, punishable by fine. Mace's case, 5 Md. 387, decides 
 that the word " debtor" applies to one owing an obligation strictly civil in 
 its nature, and does not describe the perpetrator of an offence " punishable 
 by fines." Smith v. Mayor, &c., Supreme Bench Baltimore City, 1869. Brown , 
 C. J., made a similar decision in City Court June 12, 1874, Finn^/an v. Welhy, 
 and relied on this case of Smith v. Mayor, &c. 
 
 The following are decisions by Brown, C. J., in City Court: 
 
 Wangeman v. Brewer, petition for a mandamus, Dec. '73. This is a 
 petition by Ernest Wangeman, who resides in the tenth ward, for a writ of 
 mandamus to be directed to Charles P. Brewer, a justice of the peace, ap- 
 pointed for the said ward, but who has his office in the ninth ward, requiring 
 him to transmit the papers and proceedings on a writ of replevin issued by 
 him against said Wangeman to Otto Benner, a justice of the peace, who has 
 his office in the tenth ward. It does not appear for what ward Justice Ben- 
 ner was appointed. It is maintained by the petition that he has the right to 
 insist that the case against him should be tried in the ward in which he 
 resides, and, therefore, that the papers and proceedings should be transmined 
 to Justice Benner, because he has his office therein, whether he was appointed 
 for that ward or not. The writ of replevin contains a summons to defendant. 
 The act of 1868, chapter 375, provides that " every summons issued by said 
 justices shall be made returnable before the same or any justice of the peace 
 of the ward in which the debtor may reside, and the defendant shall have 
 his election to have his cause tried before the justice who issued the sum- 
 mons, or before the justice of the ward in which he resides." (Sec. 81, 
 above.) The election given to the defendant is to have his case tried either 
 before the justice who issued the summons or before the justice of the ward 
 in which he resides. The expression, "justice of the ward in which he 
 resides," means justice appointed for tJie ward in which the defendant resides, 
 and not a justice appointed for another ward but who has his office in the ward 
 where the defendant resides ; and as in this case Justice Brewer not only 
 issued the writ, but was appointed for the ward in which the defendant 
 resides, I have no doubt that he has jurisdiction of the case. The petition 
 is dismissed with costs. 
 
 Wm. S. Rayner v. H. W. Sivncden, April, '74. This is a petition by Wm. 
 S. Rayner for a mandamus against H. W. Snowden, a justice of the peace. 
 The petitioner states that he resides in the twelfth ward of the city of Balti- 
 more, and that the defendent is a justice of the peace for a different ward, 
 and that he issued a summons directed to petitioner, requiring him to show 
 cause why restitution of certain premises should not be delivered to the 
 plaintiff in the proceedings pending before the defendant. The petitioner 
 
Courts. 221 
 
 Article XIV.— Statutes. 
 
 82. The juRtices of said city, when called out of their offices p. l. l., art. 4, 
 on business not judicial, and not relating to criminal procedure, pTy when called 
 may receive such compensation for their services, in addition ''°'"°®''^- 
 to their fees of office, as the party requiring their services may 
 allow them. 
 
 further says tliat he made application to defendant for a removal of the said 
 proceedings to George V. Metzel, a justice of the peace of the ward in wliich 
 petitioner resides, but that said defendent refuses to transmit them, and the 
 object of the mandamus is to compel him to do so. Petitioner claims that 
 by virtue of section 633, P. L. L. Art. 4, for the city of Baltimore, as amend- 
 ed by the act of 1868, chapter 375, (section 81, above,) he has the right to 
 elect that said proceedings shall be tried before a justice of the peace of the 
 ward where petitioner resndas. The privilege of election is a special one, 
 granted by this section only, and the summons mentioned in it is against 
 one who is described as a debtor, but the proceedings before Justice Snowden 
 against the petitioner are for the restitution of possession of land, and are in the 
 nature of a suit in ejectment, in which the defendant is not properly described 
 as a debtor. This is made more plain by reference to the section immediately 
 preceding, which only embraces cases of debt or damages. The proceedings 
 for the restitution of land are to enable a landlord to obtain possession of 
 his property after proper notice to the tenant, and are provided for by sec- 
 tion 890, P. L. L., Art. 4, (see Art. L, Tenants for years,) which declares 
 that "one justice of the peace for said city shall have all the powers con- 
 ferred upon two by the general law in relation to landlords and tenants." 
 The general law is found in the Code, P. G. L., Article 53, title Landlord and 
 Tenant, and provides for proceedings by a landlord for recovery of land 
 from his tenant, which are very different from actions for the recovery of 
 small debts. The action of ejectment is in its nature a local action, and the 
 summons is served on the tenant in possession of the land. I think it clear 
 that the right of election given to defendants in section 633, (sec. 81 above,) 
 does not apply to proceedings before a justice of the peace for the restitution 
 of land, and that any justice of the peace for the city has jurisdiction in such 
 cases wliere the land lies in any part of the city. The mandamus, therefore, 
 cannot be granted, and the petition is discharged with costs. 
 
 In F. B. Loney & Co. v. Smith, Dixon & Co., March '74, the action before 
 the justice was against several defendants, one of whom demanded that the 
 case should be removed before some other justice of the peace, under the law 
 passed March 30, 1868, (sec. 81, above.) The justice refused to grant tlie 
 removal, and on appeal Brown, C. J. held that in the foregoing act the word 
 defendant was to be taken in a general sense as including defendant and de- 
 fendants, and that the parties being joined in the action one could not de- 
 mand removal, and that if there were four defendants who asked removal 
 and only one who opposed it, they must all join or they could not demand 
 removal of the case. Judgment afllrmed. 
 
222 
 
 Courts. 
 
 Article XIV.— Statutes. 
 
 1876,0. 28. 83. Each of the justices of the peace, appointed under the 
 
 Where to keep provislons of this act, for any legislative district, shall keep his 
 office within the limits of the legislative district for which he 
 may have been appointed, except as hereinafter provided. 
 
 1876, c. 28. 
 
 Station house 
 justices. 
 
 Duties. 
 
 84. It shall be the duty of the Governor, after the appoint- 
 ment of the justices of the peace provided for by this act, 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 Baltimore. 
 It shall be the duty of the justices, so selected, to sit at said 
 respective station houses, to hear all charges made against any 
 person for any criminal offence ; they shall examine carefully 
 
 Harrison v. Wheeler, February 1875. The petition sets fortli that on Jan- 
 uary 6, 1875, respondent, a justice of the peace of the city of Baltimore, at 
 the suit of P. O. Burns, issued an attachment on a claim of $34.63, under 
 the act of 1868, c. 447, against the goods and chattels of the petitioner, 
 Harrison. The attachment was not laid in the hands of a garnishee, but 
 was laid as per schedule on the goods and chattels of the petitioner. The pe- 
 titioner was a resident of the fifteenth ward, and the justice was appointed for 
 a different ward, and the petitioner therefore prayed the justice to transmit the 
 papers and proceedings in the case to a justice appointed for the fifteenth 
 ward. The Justice, believing that he had jurisdiction of the case, refused to 
 grant the request, and this petition is filed for a mandamus to compel him to 
 do so. The attachment was issued on a claim of debt due by the defendant 
 to the plaintiff"; and Article 10, section 10, of P. G. L., requires that " there 
 shall be issued with every attachment a writ of summons against the de- 
 fendant." It is clear that this case comes within the above provisions of the 
 Local Code, which authorizes a defendant, when a summons for the recovery 
 of a debt claimed to be due is issued against him by a justice of the peace, 
 appointed for a ward in which the defendant does not reside, to have the 
 case removed before a justice of the ward in which the defendant does reside. 
 The fact that in addition to the summons there is also a writ of attachmeht 
 issued against the goods and chattels of the defendant does not deprive the 
 defendant of the writ of removal. The writ of mandamus must therefore 
 be issued as prayed. 
 
 Scott, C. J., decided in Brown v. Brewer, J. P., May, 1869, in City Court, 
 that the above section 81 is applicable to the case of an attachment on judg- 
 ment. In the case of AsMurn v. Maddox, J. P., before Brown, C. J., in City 
 Court, July 8, 1874, the mandamus was refused on the ground that the 
 attachment, on judgment being issued against Ashburn and another de- 
 fendant, the case could not be removed by Ashburn alone. 
 
Courts. 223 
 
 Article XIV.— Statutes. 
 
 into such charges, when made, to the end that while justice 
 shall be done, no person may be oppressed, or subjected to 
 costs or imprisonment without just cause ; it shall further be 
 the duty of said respective justices of the peace, selected to sit 
 at said respective station houses, to hear all cases in which any 
 tine, penalty or forfeiture, not exceeding one hundred dollars, 
 is sought to be recovered from any person or corporation, under 
 or by virtue of any law of this State, or under or by virtue of 
 any ordinance of the Mayor and City Council of Baltimore ; 
 the said respective justices, so selected, shall keep their respec- 
 tive offices at said respective station houses, and shall there 
 attend from six o'clock A. M. to eight o'clock A. M. on every Hours of ser- 
 
 ° ■ vice, 
 
 day in the w^eek, and from ten o'clock A. M. until twelve 
 o'clock M. on every day in the week except Sunday, and from 
 two o'clock P. M. until six o'clock P. M. on every day in the 
 week except Sunday, and on Sundays from six o'clock A. M. 
 until seven o'clock A. M., and from five o'clock P. M. to six 
 o'clock P. M. to perform such duties as their respective offices 
 may require; each of said justices shall attend in addition, at 
 his station house, at such other hours and times as he may be 
 required to do by the Board of Police Commissioners for the 
 City of Baltimore, or by the State's Attorney of Baltimore 
 City, for the time being; the said justices of the peace, so 
 selected, shall transact no other business at the said respective 
 station houses, except the business provided by this act to be 
 by them respectively done at such station houses. 
 
 85. The justice of the peace, so selected, to sit at any sta- isre, c.28. 
 tion house, may be changed from time to time by the Governor, change^of^^^ 
 at his discretion, and any other justice of the peace may be justices, 
 selected by the Governor to perforin the said duties at said 
 station house. 
 
 86. Each justice of the peace, selected to sit at a station i876,c.28. 
 house in the city of Baltimore, shall receive the sum of saUry o^^^^, 
 one hundred and seventy-five dollars per month, or a por- justices. 
 
224 Courts. 
 
 Article XIV.— Statutes. 
 
 tionable part thereof, so long as he shall continue to act at a 
 station honse in said city, under the selection of the Governor, 
 as provided for in this act ; which sum of money shall be paid 
 to him by the Register of the City of Baltimore, at the end of 
 each month of his said service, or a proportionable part there- 
 of, at the end of any portion of a month, at which the service 
 of such justice of the peace, at said station house may termin- 
 certificateof ate, upon the Certificate of the Board of Police Commissioners 
 
 Police Commis- n -rt i • r^- i i • ^ ^ iii 
 
 sioners. 01 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 
 
 Fees and gratui- chargc any fcc, or receive any gratuity for granting any release, 
 or for the performance of any duty required by law. 
 
 1876. c. 28. 87. If any justice of the peace, who has been selected as 
 
 When station aforcsaid to sit at any station house in the city of Baltimore, 
 appoLiVed is unable by reason of sickness, or other unavoidable cause, to 
 
 temporarily by ji-j. i-i 
 
 Police Commis- attend to his duties at said station house, at any time, when his 
 
 sioners. _ / ^ ^ 
 
 presence is there required as provided for by this act, it shall be 
 the duty of the Board of Police Commissioners 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 perforin 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 
 Per diem. the justicc Selected by the Governor, shall receive eight 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, unless the said Board of Police Commis- 
 sioners shall certify to the Register of the City of Baltimore 
 that such absence from duty was occasioned by sickness, or 
 
CouBTS. 225 
 
 Article XIV.— Statutes. 
 
 Other unavoidable cause, in which case it sliall not be deducted 
 from the pay of the justice of the peace selected to sit at said 
 station house and so failing to attend. 
 
 88. No justice of the peace appointed under the provisions me, c. as. 
 
 of this act shall be paid by the City of Baltimore any fee for when not to be 
 
 . paid fees by 
 
 issuing any State writ, or for any search warrant, or for taking city. 
 the recognizance of any witness, or for taking any recogniz- 
 ance in any case reported to court, or for any commitment or 
 release, or for issuing any suhpmna 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 tlie Mayor and City Council of Baltimore any fee 
 for the service of finy snhjxvna or process in any criminal case, 
 before any justice of the peace, or for service of any suh])(ena 
 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. 
 
 89. It shall be the duty of the officers of police, police- isto, c. as. 
 men and detectives appointed by the Board of Police Com- writs how 
 missioners of Baltimore City, to serve and execute any and all 
 
 writs, warrants, subpcetias 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. 
 
 90. Whenever any justice of the peace appointed under the ih76, c as. 
 provisions of this act other than one of the justices selected as state writs and 
 
 i 11 • summons, now 
 
 aforesaid to sit at a station house as aforesaid, shall issue a made retum- 
 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 Balti- 
 more, such writ or summons, shall be made returnable before 
 one of the justices of the peace selected by the Governor to 
 
226 
 
 CoUItTS. 
 
 Article XIV.— Statutes. 
 
 1876, c. 98. 
 
 Before whom 
 persons arrested 
 on criminal 
 charge, &c., 
 taken. 
 
 sit at a station house in the city of Baltimore, and shall not be 
 made returnable before the justice of the peace issuing the 
 same, unless he be one of the justices of the peace selected to 
 sit at a station house as aforesaid. 
 
 91. Whenever any person shall be arrested upon any crimi- 
 nal charge, or for the violation of any law of this State, or of 
 any ordinance of the Mayor and City Council of Baltimore, 
 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. 
 
 92. Every justice of the peace appointed nnder the pro- 
 visions of this act, 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 im. 
 posed 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 or penalties were respectively imposed, 
 and the amounts paid in each case by the said respective de- 
 fendants ; 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 ac- 
 counted for by said clerk as other moneys of the State are 
 accounted for by him. 
 
 1876, c. 28. 
 
 Statements of 
 accounts of 
 State fines. 
 
Courts. 227 
 
 Article XIV.— Statutes. 
 
 93. Everj justice of the peace appointed under the pro- 1876, c. as. 
 visions of this act shall file with the Register of the City of statements of 
 
 -ft t • !/• 1 />«-iTi/'vi IT accounts of city 
 
 iJaltimore, on the nrst day oi April, July, October and January fines. 
 in each and every year, an account verified by his oath or afiir! 
 niation, of all fines, forfeitures and penalties imposed by him 
 under the ordinances of the Mayor and City Council of Balti- 
 more during the three preceding months, which said account 
 shall show the names of the respective defendants, the ordi- 
 nance under which said fines, penalties or forfeitures were res- 
 pectively 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 Eegister 
 the amount of said fines, penalties 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. 
 
 94. If any justice of the peace shall not have imposed or i876, c.28. 
 received any such fines, forfeitures or penalties, or any portion Affidavit of 
 
 •' ' justice as to 
 
 thereof, as are mentioned and described in the said two pre- accounts. 
 ceding sections, in the said three months preceding the time 
 hereinbefore prescribed for filing said accounts, he shall file an 
 affidavit or affirmation to that effect at the time prescribed for 
 filing said accounts. 
 
 95. All costs paid to any justice of the peace, sitting at any im, c as. 
 station house, shall be accounted for and paid by said justice How costs ac- 
 
 ' 1 counted for. 
 
 to the Board of Police Commissioners of Baltimore City, to be 
 by thera applied as directed by section eight hundred and fif- 
 teen of Article four of the Public Local Laws of the State of 
 Maryland.* 
 
 96. The Mayor and City Council of Baltimore are hereby im, c.ae. 
 authorized to appoint two constables for each of the several A,PP<>intmeat 
 wards of Baltimore city. The said constables shall hold their 
 
 *See sec. 11 of Art. XXXVIII, Police. 
 
228 
 
 Courts. 
 
 Article XIV. — Statutes. 
 
 respective offices for two years from the date of their respective 
 appointments, and until their respective successors are duly 
 appointed and qualified. The said Mayor and City Council 
 of Baltimore are hereby authorized to make the appointments 
 directed by this section on the fourth Monday in March, eigh- 
 teen hundred and seventy six, and on the fourth Monday in 
 March in every second year thereafter ; provided that the 
 Mayor of said city, shall have full power in his discretion to 
 remove any of the said constables for any malconduct in office, 
 whether the said constable may be convicted in a court of law, 
 as hereinafter prescribed, or not. 
 
 1876, c. 28. 
 
 When justice 
 or constable to 
 be removed. 
 
 No deputy in 
 serving writ. 
 
 97. If any justice of the peace, or constable, appointed 
 under the provisions of this act, be convicted in a court of law 
 of any misdemeanor in office, his removal from said office shall 
 be part of the sentence or judgment pronounced upon him by 
 the said court. No constable shall deputize a,uy person to act 
 in the service of any writ whatever, for or in his behalf. 
 
 p. G. L., art. 18, 98. It shall be lawful for the iustices of the peace of the 
 
 sec. 26. , , *■ 
 
 Supersedeas, city of Baltimore to take supersedeas of any judgment re- 
 covered in the Court of Common Pleas, the Superior Court 
 of Baltimore City, or Baltimore City Court, but such superse- 
 deas shall be taken by the clerks of said courts respectively. 
 
 1870, c. 39. 99. If a justice of the peace in Baltimore city dies, resigns 
 
 1864, c. 179. . •' . ^ J T is 
 
 If a justice in Or is rcmovod, his docket and papers shall be delivered to the 
 
 Baltimore dies, r. i /t r^ 
 
 papers to be de- clcrk 01 the Citv Court withiu thirty days thereafter. 
 
 livered to clerk "^ J J 
 
 of City Court. 
 
 FEES OF JUSTICES OF THE PEACE. 
 
 1870, c. 164. 100. The justices of the peace of this State, shall be entitled 
 
 to receive the fees allowed in the following table, and such fees 
 shall be taxed and paid by the party against whom judgment 
 shall be rendered, to wit : 
 
Courts. 229 
 
 Article XIV.— Statutes. 
 
 For issuing each summons in debt or damages, or writ of 
 
 replevin $ 25 
 
 For each summons for witnesses, including all the wit- 
 nesses applied for at the same time 25 
 
 For venire to summon freeholders 35 
 
 For fieri facias 35 
 
 For venditioni exponas 35 
 
 For scire facias 45 
 
 For every supersedeas 20 
 
 For every oath or affidavit 10 
 
 For probate or account 10 
 
 For every judgment rendered where there is no trial 25 
 
 For every judgment rendered on trial 60 
 
 For every warrant of attachment against a resident debtor 45 
 For every attachment against a non-resident or abscond- 
 ing debtor 1 00 
 
 For attachment of contempt 25 
 
 For venire to summon a jury in a case of forcible entry 
 
 and detainer, and summons to tenant 1 00 
 
 For taking inquisition and return thereof 4 00 
 
 For warrant of restitution 1 00 
 
 For taking every acknowledgment of every deed or other 
 instrument of writing from each person making an 
 
 acknowledgment 30 
 
 For a certificate of estrays 40 
 
 For issuing writ of attachment by way of execution 45 
 
 For taking replevin or other bonds 25 
 
 For entering every continuance 10 
 
 For every transcript from the docket. 15 
 
 For every search 1^ 
 
 For binding apprentices, each justice 25 
 
 They shall be entitled to be paid in criminal cases, by 
 the County or City of Baltimore, as the case may be, the 
 following fees : 
 
230 Courts. 
 
 Article XIV. — Statutes. 
 
 For issuing each State writ 25 
 
 For search warrant 25 
 
 For taking recognizances of witnesses, each 25 
 
 For taking recognizances in each case reported to court.. 25 
 
 For every commitment 25 
 
 For every releasement 25 
 
 For holding an inquest upon a deceased person 5 00 
 
 For issuing an attachment for a witness refusing to at- 
 tend on summons of a commissioner 50 
 
 For taking depositions in cases of contested elections, per 
 day... 3 00 
 
 FEES OF CONSTABLES. 
 1865,0.67; 1872, 101. The coustablcs in this State are entitled to demand 
 
 C. 424. 1 • 1 
 
 and receive the following fees, to wit : For serving State war- 
 rant and return, seventy-five cents ; for serving search warrant, 
 seventy-five cents ; for serving summons in civil suit and return, 
 forty-five cents; for serving summons for witness and return, 
 each witness, twenty cents ; for serving scire facias and return, 
 forty cents ; for levying fieri facias and return, twenty cents ; 
 for delivering a person committed over to the jailor, seventy- 
 five cents, and five cents per mile for every mile he may have 
 to travel, and the actual necessary traveling expenses of each 
 prisoner; for summoning jury on inquest, each juror, fifteen 
 cents ; for levying attachments for contempt, seventy-five cents ; 
 for serving writ of replevin and return, forty-five cents; for 
 serving warrant for distraint, twenty-five cents ; for summon- 
 ing and swearing appraisers on distress for rent, and in reple- 
 vin, each appraiser, twenty-five cents; for serving an attach- 
 ment in the hands of each garnishee, fifty cents ; for killing 
 dog found killing sheep, to be paid by the owner of the dog, 
 four dollars; for poundage fees on any distraint, replevin, at- 
 tachment or fieri facias, eight per cent, on the first twenty-five 
 dollars, and three per cent, on the residue ; but if the de- 
 
Courts. 231 
 
 Article XIV. — Statutes. 
 
 fondant shall supersede the judginent on which the execution 
 or attachment shall have issued, within four days after the 
 same shall have been levied or served, the constable shall only 
 be entitled to receive one-half of said poundage fees ; for ar- 
 resting any person charged with a misdemeanor for entering 
 any enclosure and destroying property therein, in the limits of 
 the city of Baltimore, or within four miles thereof, one 
 dollar. 
 
 102. The county commissioners in the several counties, and ises, c. 67; ma, 
 
 ^ ^ ' c. 424. 
 
 the Mayor and City Council of Baltimore, shall levy on the Levy for con- 
 
 •' •' . , *^ . . stable's fees. 
 
 assessable property of their respective counties or the said city, 
 the amount of fees that the constables of the several counties 
 or the said city are entitled to receive for executing criminal 
 business ; provided, that nothing contained in this section shall Proviso. 
 exempt any criminal from paying the cost of his arrest, if he 
 shall be of suflScient ability to do so. 
 
 COSTS. 
 
 103. In all actions at law for wrongs, independent of con- 1874, c. m. 
 tracts, in any of the courts of Baltimore city, where the costs m actions 
 
 ,,,,,, for wrongs in- 
 
 verdict or inquisition of damacres alter deiault made, snail be dependent of 
 
 T- " contracts. 
 
 for a sum less than fifty dollars, the costs shall be adjudged to 
 the defendant, unless the court shall otherwise determine; but 
 the court, beforfe allowing costs to the plaintifi" in any such 
 case, shall be satisfied that he had good reason for not bringing 
 suit before a iustice of the peace; and in all cases of appeal costs in appeals 
 
 •' 1 • T) li' from justices of 
 
 whatsoever from judgments of justices of the peace in lialti- the peace. 
 more city, costs shall be allowed to plaintiff or defendant in 
 the discretion of the court. 
 
 104. Before the Baltimore City Court shall proceed to hear ige?, c. i64. 
 
 or try cases brought to that court by appeal from the judg- costs t°,J'^«^P*»d 
 ments of justices of the peace, the judge shall first be satisfied ^^'^^^ ^'"- 
 
232 Courts. 
 
 Article XIV.— Statutes. 
 
 that all costs incurred on the judgment and proceedings before 
 the justice aforesaid, shall have been paid by the appellant.* 
 
 * Opinions of Bkown, C. J., March, 1875. — Rever v. Grab, in City Court. 
 This is a motion to reinstate an appeal which was dismissed when the case 
 was reached for trial, because it appeared from the certificate of the justice 
 that the costs below had not been paid to the appellant. 
 
 The appellant should have been prepared to prove that the costs were 
 paid, if such was the fact, or to pay such as remains due, and the motion 
 subsequently made would therefore, under ordinary circumstances, be too 
 late. I shall, however, in view of all the facts, consider the question as if 
 the motion had been made in proper time. 
 
 The proceedings commenced with a distraint warrant for rent claimed to 
 be due by Rever to Grab, amounting to $16.85, and, as it was alleged that 
 property had been fraudulently and clandestinely removed from the pre- 
 mises, a warrant was issued by Justice Slemmer to follow and' seize the 
 property removed. Under this warrant a bay horse was seized, which was 
 appraised at $35. Rever then caused a writ of replevin to be isued by 
 Justice Ritgert for the horse, and Grab appeared tliereto and made avowry; 
 that is, he claimed the property as landlord by virtue of the distress and 
 became substantially plaintiff in the case. The replevin case was after- 
 wards, on the application of Grab, removed from Justice Ritgert to Justice 
 Slemmer. The costs in the replevin case wliich had accrued before Justice 
 Ritgert up to the time of removal were paid by Rever. 
 
 The case was subsequently tried before Justice Slemmer, who decided in 
 favor of Grab. Rever then appealed to this court. 
 
 The act of 1867, c. 164, requires that the judge of this court, before pro- 
 ceeding to hear or try the appeal, " be satisfied that all costs incurred on 
 the judgments and proceedings before the justice aforesaid shall have been 
 paid by the appellant." The appellant insists that, on taking the appeal, he 
 paid all the costs due, amounting to $3.46, and has offered testimony to that 
 effect. The appellee insists that the appellant paid only $3.40, of which $1 
 was applied by the justice to payment for the appeal bond, and $1.40 were 
 credited to the rest of the costs due. As the docket of Justice Slemmer 
 shows that only $3.40 were paid, and as he testifies that this was the true 
 amount, I feel bound to accept his statement. The costs due, according to 
 the statement of Justice Slemmer on the back of the papers, was $7.06, and 
 after crediting said amount af $1.40, left a balance claimed to be due of 
 $5.66. 
 
 It appears that the costs of the distress, amounting to $4.85, are included 
 in the above costs, as charged by Justice Slemmer; and the appellant con- 
 tends that they are improperly charged, because they are not properly a 
 part of the costs in the replevin case, and therefore there was no need to pay 
 them before the appeal could be heard. 
 
Courts. 233 
 
 Article XIV.— Ordinances. 
 
 ORDINANCES. 
 
 JUDGES OF SUPREME BENCH. 
 
 1. There shall hereafter be annually paid by the Register no. 5, Dec. 2, '69. 
 of the City, out of the city treasury, to each of the judges of Register to pay 
 the Supreme Bench of Baltimore City, the sura of five hun- ^" ^**' 
 
 The objection is, I think, well founded. I can find no practice which 
 justifies taxing tiie costs of the distress as part of the costs of the replevin 
 case. When Grab, tlie landlord, seized the horse he was entitled to hold him 
 for the payment of the rent and also for the costs of the distress.' Rever 
 replevied the horse on giving a bond that he would prosecute the said writ 
 of replevin with effect, and also would return the property if the same should 
 be adjudged. But he did not prosecute the replevein with effect. On the 
 contrary, the justice gave judgment for a restitution of the horse to the 
 defendant Grab, and adjudged that the plaintiff Rever should pay $5 
 damages and 7.0(5 costs, which included the costs of the distress. The de- 
 fendant was certainly entitled to the costs which he had incurred in levying 
 the distress, but as they were not costs incurred in the replevein case, they 
 should not have been charged as such, and the only way in which the justice 
 could award them to him was by including tliem as part of the damages in 
 the replevein case. That costs can be included in the damages allowed in a 
 judgment for the defendant in replevin is shown by the form in 2 Evans ; 
 Harris, p. 359, and I am informed that the practice in Baltimore County 
 Court was to include the costs of the distress in express terms, in the dama- 
 ges allowed to the defendant on his obtaining judgment in the replevin. 
 
 The appellant also objects that the justice included in the costs the sum 
 of sixty-six cents allowed for witness fees, and contends that these are not 
 costs which he is bound to pay before he can prosecute his appeal. 
 
 The act is very comprehensive in its terms. It requires this court to be 
 satisfied that all costs incurred on the judgment and proceedings before 
 the justice shall have been paid. The language is broad enough to include 
 the costs payable to witnesses as well as those due to the justice, and those 
 due to the constable who served the process, and I am satisfied that it em- 
 braces all alike. 
 
 The appellant further objects that Article 38, section 17, of P. G. L., allows 
 to a justice 25 cents for taking replevin or other bonds, and that the justice 
 had no right to charge $1 for the appeal bond. The appellee, however, 
 contends that it is not the duty of the justice to prepare the appeal bond for 
 the appellant, and that for this extra service he had a right to charge an 
 additional fee. Such has undoubtedly been the custom for a long time, but 
 it is certain that he would not have the right to charge more than 25 cents . 
 for the boHd as part of the legal costs. Whether or not he would have the 
 
234 Courts. 
 
 Article XIV.— Ordinances. 
 
 $500 additional, dred dollars, as an addition to the salaries paid to the said 
 judges by the State of Maryland, the said sura of five hundred 
 
 right to charge 75 cents in addition for services rendered in drawing the 
 bond, without any agreement to that effect, it is not necessary for me to 
 decide. Even if any charge for the bond over 25 cents is entirely excluded, 
 there would still be a balance of costs due amounting to 6 cents, as shown 
 by the following statement : costs before Justice Slemmer, including 25 cents 
 for appeal bond, and excluding the cost of the distress, $2.46; paid by ap- 
 pellant on taking his appeal, $2.40 j balance costs due, 6 cents. 
 
 The costs of the whole proceedings up to this time are as follows : Cost of 
 the distress, $4.85 ; costs before Justice Ritgert, $5.75 ; costs before Justice 
 Slemmer, $2.46, making $13.06. Costs in this court— attorney's fee of ap- 
 pellant, $5; clerk's costs of appellant $3.10; Sheriff's costs of appellant, 45 
 cents, making $8.55. Attorney's fee for appellee, $5 ; clerk's costs for ap- 
 pellee, $2.20 ; Sheriff's costs for appellee, 20 cents ; witnesses, $6.50 ; entire 
 amount, $37.51. Here, then, on a claim for rent of $16.85, costs have already 
 been incurred amounting to $37.51, more than double the amount of the 
 claim, and if I should reinstate the case and proceed to try it on the merits, 
 the costs would soon be considerably increased. This case furnishes a strik- 
 ing and painful illustration of the rashness with which parties who can ill 
 afford the expense too often engage in angry litigation, first before a justice, 
 and then on appeal to this court, in controversies where the whole 
 amount involved is soon largely exceeded by the taxed costs alone. The 
 motion to reinstate the case must, however, be sustained on payment by ap- 
 pellant of the six- cents due, because while the costs actually due amounted 
 to only six cents, which doubtless the appellant would have been ready and 
 willing to pay, through a mistake of the justice costs amounting to $5.66 
 were charged and demanded, and by reason of the non-payment thereof the 
 appeal was dismissed. 
 
 Dec, 1874, in City Court. — These are appeals from four judgments rendered 
 on the same day by Justice Staylor, in favor of the appellees and against the 
 appellant, on four promissory notes, each judgment being for the amount of 
 one of the notes and for less than one hundred dollars, but the notes added 
 together amounted to $185.62. On receiving the notes the appellees gave to' 
 the appellant a receipt, stating that they were " in settlement of account to 
 date." The notes were drawn by the appellant (George W. Berry) to the 
 order of the appellees (Seldner & Son), and payable respectively at thirty 
 days, sixty daj's, ninety da}'s, and five months after date. Some three months 
 after the last of the notes had matured, the appellees caused the four several 
 suits to be Ijrought on them, before the said justice. The appellant there- 
 upon, before trial, filed with the justice a paper suggesting " that as all four 
 notes and suits thereon embraced one matured indebtedness, there is no 
 jurisdiction on the part of the justice, the amount being in the aggregate 
 
CouKTS. 235 
 
 Article XIV.— Ordinances. 
 
 dollars be paid in eqnal quarterly instalments on the first 
 days of January, April, July and October of each year, be- 
 
 over one hundred dollars," but the justice disregarded the suggestion, and 
 gave judgment for the appellees in eacli case, and the sole question presented 
 on the appeals was whether the justice had jurisdiction. Brown, C. J., held 
 that : Article 51, section 13 of P. G. L., provided that " the civil jurisdiction 
 of justices of the peace extends to all cases for the enforcement of contracts, 
 and to obtain redress for wrongs where the debt or damages claimed shall 
 not exceed one hundred dollars. Eacii note being below the amount of one 
 hundred dollars, the question is whether it constitutes a debt within the 
 meaning of the Code on which suit may be separately brought before a justice, 
 or whether the four notes should be consolidated into one debt and the 
 jurisdictifjn of the justice ousted. The Code provides, Article 49, section 9, 
 that where two or more actions arising ex cmtmcta between the same plain- 
 tiff and the same defendant shall be brought at the same time, the court 
 shall, on motion of the defendant, order the actions to be consolidated, but this 
 provision obviously can only apply to courts holding regular terms, and 
 can have no application to justices of the peace. The account in this case 
 originally exceeded one hundred dollars, and the appellees could not by 
 their own act have divided it into several parts of less than one hundred dol- 
 lars each, and have then brought a separate suit on each part. To do so 
 would have been to commit a fraud upon the law. But when the appellant 
 gave his four notes in settlement of the claim he voluntarily divided it into 
 four parts, making each a separate debt, and the appellees could have sued on 
 each note as it became due, or could have endorsed the notes to different 
 parties, who each could have had a right of action against the appellant. 
 This right of the appellees to consider each note a separate debt, they did 
 not lose by permitting all the notes to fall due before they brought suit, but 
 each note still constituted a separate debt, because the appellant himself 
 had made it so. I am satisfied, therefore, that a true construction of the 
 Code gave to the appellees the right to bring at the same time separate suits 
 on the four different notes in the justice's court, and to obtain separate 
 judgments thereon, and I cannot see that any inconvenience or injustice can 
 follow from such a practice. Debts can be recovered much more expedi- 
 tiously and at much less cost in a justice's court than in a court of higher 
 jurisdiction, and there is no policy of the law which would justify this court 
 in attempting to limit the meaning of the plain language of the law which 
 confers jurisdiction on justices where the debt claimed does not exceed one 
 hundred dollars. This question has never been decided by the Court of 
 Appeals of this State, but similar questions have arisen in other States, and 
 the decisions fully sustain the views I have expressed, as will be seen by a 
 reference to the following authorities : Bridle v. Qrau, 43 Mo. 359 ; Ilermi v. 
 Buckdeic, 37 Ala. 585 ; State v. King, 5 Ind. 439 ; Collim v. Woodruff, 4 Eng. 
 463 ; Fortescue v. Spencer, 2 Iredell, 63. 
 
236 Courts. 
 
 Article XIV. — Ordinances. 
 
 ginning on the first day of January, eighteen hundred and 
 seventy.* 
 
 SUPERINTENDENT AND WATCHMAN OF THE COURT HOUSE 
 AND RECORD OFFICE. 
 
 No.3i,s.i,K.o. 2. There shall be annually appointed, as other city officers 
 Superintendent are appointed, a superintendent and one able-bodied watch- 
 
 and watchman 
 
 appointed. nuui, to take charge of the court house and record office, and 
 surrounding grounds. 
 
 Ibid, s. 2. 3. The said superintendent shall be a man of temperate 
 
 Duty of super- habits, strict integrity, and general good character, and also 
 
 inteudent. ^ o o 
 
 capable of keeping accounts, and he shall have entire charge 
 of said property, securing the same from depredation, causing 
 it to be kept in good repair and cleanly condition, and furnish- 
 ing the necessary fuel and attending to the heating and light- 
 ing of the several departments included within said buildings 
 and grounds, except the room occupied by the Orphans' Court 
 Re(;isterof for Baltimore City, which room shall bounder the exclusive 
 
 Wills to have . . '' 
 
 control of Or- supervision and control of the Register of Wills for Baltimore 
 
 phans' Court ' " 
 
 room. City, as hereinafter provided. And the said superintendent 
 
 Superintendent sliall annually, during the first week of January, make to the 
 
 ti) report annu- ^-,. y-> • ' • • i • • 
 
 ally. City iiegister an estimate in detail of the expenses to be incurred 
 
 for the current year for the said keeping, including therein the 
 cost of fuel, of repairs, of necessary fixtures, of furniture, of 
 laborers, and of all othes }>roper incidental requisitions, taking 
 
 *This ordinance recites, that, by the thirty-first section of the fourtli' 
 article of the Constitution of the State of Maryland, authority is given to the 
 Mayor and City Council of Baltimore to pay to each of the judges of the 
 Supreme Bench of Baltimore City an annual addition of five hundred dol- 
 lars to their respective salaries ; and that, in the opinion of the Mayor and 
 City Council of Baltimore, the salaries of said judges, as now paid to them 
 by the State of Maryland, are totally inadequate to compensate them for 
 the discharge of their onerous and responsible duties, and that it is impossi- 
 ble that any increase of their salaries can be made without an amendment 
 of the Constitution of the State, except by the passage of this ordinance. 
 
Courts. 237 
 
 Article XIV. — Ordinances. 
 
 into consideration only those expenses rightly chargeable to 
 the city treasury as distinct from those to be provided for by 
 the departments themselves ; and in no case shall said super- 
 intendent incur other expenses than those so estimated for and Expenses not to 
 
 •,11 ii nr i/-^'/^ •! 11 1 exceeti appro- 
 
 appropriated by the Mayor and City Council, and the said pnation. 
 
 Register in no ease shall exceed such appropriations, always 
 excepting that upon an emergency occurring not to be foreseen 
 in said annual estimate, the Mayor during the intermission of 
 the session of the Council, may order the necessary expendi- 
 ture, and the Register is hereby authorized to pay the same out 
 of any money not otherwise appropriated ; provided, the same Proviso, 
 shall not exceed the sum of two hundred dollars, and the 
 vouchers for all such expenditures be filed with the Register. 
 
 4. The watchman appointed under this ordinance shall be no.3i,s.3,r.o. 
 a man of like good character for integrity and sobriety, and Duty of watch- 
 shall be required to take charge of said buildings, grounds and 
 apartments during the night, under such arrangements and in- 
 structions as to the time of commencing and continuing the 
 
 watch hours, as well as the performance of all other duties 
 connected therewith, as shall be made by the Mayor ; it being 
 hereby also provided, that at no time shall the said buildings, Proviso. 
 grounds and apartments be from under the charge and personal 
 attendance of either said superintendent or watchman, and 
 likewise that said watchman shall be subject to the supervision 
 of the captain of the police for the district, who shall report 
 any delinquency of duty to the Mayor. 
 
 5. The said superintendent and watchman shall each enter ibid. s.4. 
 into bonds, with sufficient security to be approved by ^l^e supe^mte^n^ent 
 Mayor, for the faithful performance of their duty; and for to give bond, 
 neglect of the same, the said superintendent or watchman may 
 
 be removed by the Mayor. 
 
 6. The salary of said superintendent shall be twelve hun- iwd,^;5;^„^ ^ 
 dred dollars per annum, payable monthly, and the salary of the '^l',^i°:^ti^''l 
 
 1 1 11 ,.oT, Feb. '27 '74; No. 
 
 said watchman shall be one thousand dollars per annum, pay- gi_ ^pi. 23, '75. 
 
238 Courts. 
 
 Article XIV. — Ordinances. 
 
 Salary of super- able monthly: provided always, that in case of absence from 
 
 intendentanU ./ ' r ./ ' 
 
 watchman. dutv, from any cause, of the superintendent or watchman, a 
 
 Proviso. 
 
 substitute shall be appointed for the time — if the watchman 
 be absent a substitute shall be appointed by the snperinten- 
 substitute. dent ; if the superintendent be absent a substitute shall be ap- 
 pointed by the Mayor or Register ; the pay of such substitutes 
 to be the same as the officers they represent ; said pay to be 
 deducted from the pay of the watchman or superintendent, as 
 the case may be. 
 
 No. 31, s. 6. R. o. 7. It is hereby distinctly declared and provided, that no 
 
 No expense to debt or contract for debt for expenses incurred for the keep- 
 be incurred un- . . . ^ . , . 
 
 less provided mg, repairing, furnishing or in any manner providing for the 
 dinauce. g^id buildiugs, apartments, grounds or appurtenances tiiereto 
 
 belonging otherwise than is enacted and provided for by this 
 ordinance, shall be acknowledged as binding on the Mayor 
 and City Council or be paid by the Register, except by special 
 enactment. 
 
 JANITOR OF ORPHANS' COURT. 
 No. 31, s. 2, R. 8. The Register of Wills for Baltimore City is hereby author- 
 
 O.; No. 45, July , ^ J.J 
 
 V6(M^Kes.No. ized and empowered to employ a suitable person to attend to 
 No. 58, May a, ^\^q heating and lighting of the rooms occupied by the Orphans' 
 ph" ns-^ cou°t' ^^^^^ for said city, and to tlie keeping of the same in good re- 
 How appointed, pair and cleanly condition, at a salary of two hundred and 
 
 Duties. 
 
 Salary. fifty dollai's per annum, payable monthly by the City Register, 
 
 out of the amount estimated by the superintendent for the 
 current year, as provided in section three of this ordinance, upon 
 the order from said Register of Wills for said compensation. 
 
 JANITOR AND WATCHMAN OF OLD MASONIC BUILDING. 
 
 No;23, Api. 16, 9. There shall be annually appointed, as other city officers 
 27, '74. are, a janitor, whose duty it shall be to keep in order, clean 
 
 Janitor of old and arrange the various offices in the building known as the 
 Court House. Old Masouic Hall on St. Paul street, now used for the purposes 
 
Courts. 239 
 
 Article XIV. — Ordinances. 
 
 of the Supreme Bench, the Baltimore City Court and the saiary. 
 Circuit Court of Baltimore City ; the salary of said janitor 
 shall be at the rate of one thousand dollars per annum, payable 
 monthly. 
 
 10. There shall be annually appointed by the Mayor, as n°- ^J^^o^' 
 other city officers are appointed, a watchman of the Old '^i"-^^''*'^- 
 Masonic Hall mentioned in the preceding section and used i'or ^^^^^^°"^'"'^ 
 the purposes therein set forth, whose duty it shall be to take 
 charge of and watch said building, between the hours of 6 
 o'clock F. M. and 7 o'clock A. M., and who shall remain in 
 or about said building continuously between said hours. He SaUry. 
 shall be paid as compensation for his services, at the rate of two 
 dollars and fifty cents per day. 
 
240 Cruelty to Animals. 
 
 Article XV. — Statutes. 
 
 ARTICLE XY. 
 
 CRUELTY TO ANIMALS. 
 
 STATUTES 
 
 1. How punished. 
 
 2. Overdriving, cruelly beating, 
 
 starving, &c., horses, oxen, &c. : 
 penalty. 
 
 3. Owners, drivers or persons in 
 
 charge, punishable. 
 
 4. Justices and judges of courts: 
 
 Society for Prevention of Cruelty 
 to Animals. 
 
 5. Bull, bear or dog baiting or fight- 
 
 ing, &c. : penalty. 
 
 ORDINANCES 
 
 1. Cock fighting proliibited : penalty: 
 
 fines. 
 
 2. Live fowls not to be tied by legs : 
 
 penalty. 
 
 3. Muzzling calves: penalty. 
 
 4. Burning, cutting or mufliing 
 
 mouths of calves : penalty. 
 
 STATUTES. 
 
 P. L. L , art. 4, 1 . If any person shall wilfully cause or procure any buU- 
 crueity to ani- baitinpf cock-fi o-litln ff, or the fighting of dogs, in the City of 
 
 mala; how pun- . °' & feJ fo & ft ' J 
 
 ished. 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 he liable to prosecution and pun- 
 ishment in the Criminal Court of Baltimore, as for other 
 misdemeanors. n • 
 
 1878,0.387,8,1. 2. Whoever shall overdrive, overload, overwork, torture, 
 Overdriving, torment, deprive of necessary sustenance, cruelly beat, muti- 
 
 cruelly beating, i •n 
 
 starving, &c., " late, or kill, or cause or procure to be so overdriven, over- 
 
 norseSjOxen, Ac. ' ' i. 
 
 loaded, overworked, tortured, tormented, deprived of neces- 
 
Cruelty to Animals, 241 
 
 Article XV. — Statutes. 
 
 sary sustenance, cruelly beaten, mutilated or killed, any 
 horse, ox, or other animal, shall be punished by a fine of 
 not less than five dollars, nor more than twenty dollars, to penalty. 
 be recovered on complaint by any member of the Society for 
 the Prevention of Cruelty to Animals, or by any other per- 
 son, before any justice of the peace in Baltimore city. 
 
 3. Every owner, driver or possessor, or person having ibid, s. a.' 
 charge or custody of a maimed, disabled or diseased horse, owners, drivers 
 
 or persons in 
 
 mule or other animal, who shall cruelly work the same when charge punish- 
 
 ' •' able. 
 
 unfit for work, or cruelly abandon the same, shall be pun- 
 ished in the same manner as provided in the preceding section. 
 
 4. It shall be the duty of any magistrate in the city of ibid,9.3. 
 Baltimore, or the iudge of any court in the said city, before .justices and 
 
 ' J " *' judges of courts. 
 
 whom is 'brought for trial any person or persons charged 
 
 with the violation of any of the provisions of this article, to 
 
 admit the president of the Society for the Prevention of societ^y for Pre- 
 
 Cruelty to Animals, or the counsel of said society, to aid any cruei.y to Ani- 
 
 State's Attorney in the prosecution of such person or persons. 
 
 5. Any person or persons who shall keep or use any bull, ibid, s. 4. 
 bear or dog for the purpose of fighting or baiting the same, Buii,,bear^or^^ 
 or as a target to be shot at, either for amusement or as a test baiting, &c. 
 of skill in marksmanship, or who shall be a party to or be 
 present as a spectator at any such fighting, baiting or shoot- 
 ing of any bear, bull or dog, or any person who shall rent 
 
 any room, shed, ground or premises for the purpose of fight- 
 ing, 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 twenty dollars nor penalty. 
 more than fifty dollars, or be imprisoned in the jail of the 
 city of Baltimore 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 or persons 
 may be tried and convicted. 
 
242 Crup:lty to Animals. 
 
 Article XV. — Ordinances. 
 
 ORDIN A NCES . 
 
 No. 36, 88. 14, 17, 1. No match or main of cocks shall be fought within the 
 Cock fighting, city of Baltimore, and if any match or main of cocks shall 
 be fought within the said city, every person who shall trim, 
 heel, pit or hand any cock so fought, and every owner of 
 any cock consenting to his fighting, and every person who 
 shall bet on such match or main, shall severally forfeit and 
 Penalty. pay the sum of twenty dollars for every such offence. 
 
 No. 128, Aug. 7, 2. It shall not be lawful for any person or persons to 
 Live fowls not offcr for salc, in any of the markets or streets of the city of 
 
 to be tied by _ "^ _ ■' 
 
 legs. Baltimore, any live fowl or fowls when tied by the legs ; any 
 
 Penalty. pcrsou SO otFeuding shall forfeit and pay the sum of two dol- 
 
 lars for each and every offence, to be recovered in like man- 
 ner as other fines and penalties are recoverable. 
 
 No. 57, s. 66, H. 3, Whenever cows with calves may be exposed or offered 
 
 Muzziingcaives. for Sale, and it may be necessary to confine one or the other 
 
 with cords or otherwise, the calf only shall be confined, un- 
 
 Penaity. dcr a penalty not exceeding tliree dollars ; and any person 
 
 who shall muzzle or tie the mouth of any calf to prevent it 
 
 from drawing from the cows its natural and accustomed food, 
 
 shg,!! forfeit and pay a sum not exceeding five dollars, nor 
 
 less than three dollars. 
 
 No^ar, s. 69, ^ j^ shall not be lawful for any person to burn, sear or 
 
 ung°i? muffling ^^^ ^^^^ iuuer part of the mouth of any calf, or while passing 
 
 calves!" "° through or standing in the streets or market places of the 
 
 city, to confine, or cause to be confined, the mouth of any ' 
 
 calf by rope, twine or any kind of muifie placed over the 
 
 mouth or otherwise of such calf; and every person so offend- 
 
 Penaity. ing, shall for every such offence forfeit and pay the sum of 
 
 five dollars. 
 
Deaf, Dumb and Blind. 
 
 243 
 
 Article XVI.— Statutes. 
 
 ARTICLE XVI. 
 
 DEAF, DUMB AND BLIND. 
 
 STATUTES 
 
 DEAF AND DUMB. 
 
 1. What Deaf and Dumb to be edu- 
 
 cated by public. 
 
 2. Duty of Governor of State: ap- 
 
 propriations : provisos. 
 
 BLIND. 
 
 3. Annual appropriation for indigent 
 
 Blind. 
 
 4. Recommendation. 
 
 5. Yearly amount to each : term of 
 
 instruction. 
 
 REPORT OP GOVERNOR. 
 
 6. Governor to report to Legisla- 
 
 ture. 
 
 ORDINA NCES 
 
 DEAF AND DUMB. 
 
 Deaf Mutes: proviso: certificate 
 of physician : when Mayor to 
 authorize admission into Fred- 
 erick Institution : appropria- 
 tion. 
 
 2. Annual appropriation. 
 
 3. Agent of the city of Baltimore : 
 
 duties. 
 
 4. Annual appropriation for trans- 
 
 portation : Comptroller to issue 
 his warrant for expenses »&c. 
 
 STATUTES 
 
 DEAF AND DUMB. 
 
 1. It shall be and is hereby made the duty of the Mayor p-^^- ^■' "'• ^3' 
 and City Council of Baltimore, on the application of any what deai and 
 
 •' ILL ^ dumb to be edu- 
 
 parent, guardian or next friend (provided such parent, guar- cated by public. 
 dian or next friend has been a bona fide citizen of this State 
 for at least two years previous to such application) of any 
 deaf and dumb person of teachable age and capacity, not ex- 
 ceeding the age of twenty-one years, to inquire into the age 
 and capacity of said deaf and dumb person, and also into 
 
244 Deaf, Dumb and Blind. 
 
 Article XVI.— Statutes. 
 
 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 capacitj'^ to receive instruction, and that neither 
 such person, 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 Baltimore aforesaid, 
 to certify the same to the Governor of this State. 
 
 1865,0.68; 1870, 2. Ou recciviug the certificate of the Mayor and City 
 Duty of Gov- Council of Baltimore, as aforesaid, it shall be the duty of 
 
 ernor of State. ' ' ^ . ^ 
 
 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 ex- 
 ceeding seven years ; and it shall be the further duty of the 
 Governor, on the certificate of the president of said institu- 
 tion, that such deaf and dumb person has been taught at 
 said institution, to order the Comptroller of the Treasury to 
 Appropriations, draw his warrant on the Treasurer of this State for two hun- 
 dred dollars per annum, for each deaf and dumb person 
 taught in pursuance of his authority at said institution, pay- 
 able to the president thereof, in quarterly payments, on the 
 first days of January, April, July and October, in each year; 
 and the Governor shall also order the Comptroller of the 
 Treasury to draw 06 the Treasurer his warrant, p.ayable to the 
 proper party for the expenses necessarily incurred in transport- 
 Provisos, ing and returning said deaf and dumb person ; provided, 
 that the whole amount drawn from the treasury, for the pur- 
 poses aforesaid, shall not exceed seven thousand five hundred 
 dollars in any one year ; provided further, that the Gover- 
 nor shall dispose of applications in behalf of deaf and dumb 
 persons, under the provisons of this article, in the order in 
 which they may be made ; and if the applications be more 
 than sufficient to absorb the foregoing appropriation, he shall 
 suspend the action upon the excess until vacancies occur, or 
 further provision be made by the General Assembly. 
 
Deaf, Dumb and Blind. 245 
 
 Article XVI. — Ordinances. 
 
 BLIND. 
 
 3. A sum not exceeding fifteen thousand dollars shall be ises, c 205. 
 annually appropriated, to be applied, under the direction of Annual appro- 
 
 •' ^ ^ ^ ' '^ ^ ' priation for in- 
 
 the Governor, in placing for instruction in the Maryland ^igent blind. 
 Institution for the Instruction of the Blind, such indigent 
 blind persons of the age of nine years and upwards, inhabi- 
 tants of this State and the county or city from which they 
 are recommended, as may be duly recommended to the Gov- 
 ernor by the County Commissioners of each county, or the 
 judges of the Orjdians' Court of Baltimore City. 
 
 4. The recommendation shall state that such blind per- p. g.l., art. 33, 
 
 sec. 4. 
 
 sons are in such indigent circumstances as to be unable, from Recommenda- 
 
 . . tion. 
 
 their own resources, or those of their parents, to obtain in- 
 struction, and are of good natural capacity. 
 
 5. The amount per annum paid for any one individual, ises.c.rs. 
 shall not exceed the sum of three hundred dollars, nor the Yearly amount 
 
 to each ; term ol 
 
 term of instruction eight years. instruction 
 
 REPORT OF GOVERNOR. 
 
 6. The Governor shall report to the General Assembly p.^g.l., art. 33, 
 at each regular session thereof, the amount of money expend- Governor to re- 
 
 <-> ' . • 1 J P*"" Legisia- 
 
 ed by him in pursuance of the provisions of this article, and ture. 
 the names, ages, and places of residence of the different 
 applicants. 
 
 ORDINANCES . 
 DEAF AND DUMB. 
 1. On the application of any parent, guardian, or next no. 43, June 21, 
 friend of any deaf mute of teachable age, and good mental oeafmute. 
 capacity, (provided such parent, guardian, or next friend has proviso. • 
 been a ho aa fide resident of the city of Baltimore for at least 
 three years continuously previous to such application,) ac- 
 
246 
 
 Deaf, Dumb and Blind. 
 
 Article XVI. — Ordinances. 
 
 Certiflcateof companicd by the certificate of a practising physician, certi- 
 fying to the deafness of the child, and at the same time the 
 parent, guardian or next friend shall produce satisfactory 
 evidence under oath, of their inability to pay for the main- 
 tenance and education of the same, it shall be the duty of 
 
 When M.iyorto the Mayor to authorize the admission of said child, for a 
 
 authorize ad- 
 mission info term not exceeding seven years, into the institution for the 
 
 Frederick In- O j j 
 
 stitntion. instruction of deaf and dumb at the city of Frederick, Md., 
 
 Appropriation, aiid pay for its maintenance, tuition and clothing, a sum not 
 exceeding two hundred dollars per annum. 
 
 Ibid, s. 2. 2. The sum of eight thousand dollars is hereby appro- 
 
 Anuuai appro- priatcd annually for the purpose of carrying out the provi- 
 
 priatioii. .... 
 
 sions of this ordinance. 
 
 3. The Mayor shall annually aj^point, as other city officers 
 are now appointed, a person who shall be styled the agent 
 of the city of Baltimore for the deaf and dumb institution 
 at Frederick, who shall see that all applicants are examined, 
 and certificates filed with the Mayor, in compliance with the 
 provisions of the first section of this ordinance, and who 
 shall have a general supervision of all matter connected with 
 the interest of the city in connection with said institution, 
 and who shall receive no salary. 
 
 4. The sum of two hundred dollars is hereby ai)propria- 
 ted annually to pay transportation and other expenses incur- 
 red by the agent of the institution, in carrying out the pro- 
 visions of this ordinance ; and the Comptroller shall issue 
 his warrant for the payment of the expenses incurred by the 
 agent in carrying out the j)rovi8ions of this ordinance, upon 
 his filing the proper vouchers for the said expenditures, under 
 affidavit, with the Comptroller. 
 
 Ibid, s. 3. 
 
 Agent of the 
 city of Balti- 
 more. 
 
 Duties. 
 
 Ibid, s. 4. 
 
 Annual appro- 
 priation for 
 transportation. 
 
 Comptroller to 
 is,sue his war- 
 rant for eKi)en- 
 ses, &c. 
 
Elections, 
 
 247 
 
 Article XVII. 
 
 AUTICLE XVII 
 
 ELECTIONS 
 
 STATUTES 
 
 2. 
 
 9. 
 
 10. 
 
 11. 
 
 Redivision of wards into election 
 precincts. 
 
 How numbered : numbers to be 
 recorded and published. 
 
 Vote to be received only in pre- 
 cinct where voter resides. 
 
 Board of supervisors of elections: 
 judges of elections: names of 
 judges to be published : com- 
 plaints to Board : proviso. 
 
 Vacancies among judges. 
 
 Judges to be conservators of the 
 peace: to preserve order and 
 suppress riot. 
 
 To select places of voting : what 
 places shall not be selected: 
 barriers to be erected at polls. 
 
 Power of judges to commit per- 
 sons: power over sheriff and 
 posse. 
 
 Penalty for refusing to obey 
 summons of judge. 
 
 For refusing use of jail : proviso : 
 reservation of powers to Board 
 of Police. 
 
 Clerks of election : pay of judges 
 and clerks : what expenses to 
 be paid by Mayor and City 
 Council. 
 
 Oaths of judges and clerks. 
 
 Notice of places of election to 
 be given. 
 
 Hours of voting. 
 
 15. Ballots to be taken before exami- 
 
 nation of voters: box for re- 
 jected ballots to be- kept : re- 
 jected ballots to be sealed and 
 put in : box to be sealed and 
 kept twelve months : when to 
 be destroyed. 
 
 16. Drinking houses to be closed: 
 
 penalty for selling liquor. 
 
 17. Judges to go before grand jury : 
 
 penalty for neglecting to do 
 so. 
 
 18. Grand jury not to be discharged 
 
 without presentment of judges' 
 appearance. 
 
 19. Grand jury to present judges 
 
 failing to appear : on present- 
 ment warrant to issue for : pre- 
 sentment to go to next grand 
 jury: charge to jury: pen- 
 alty. 
 
 20. Penalty on judge of election 
 
 failing to preserve peace. 
 
 21. Sheriff to give notice of elec- 
 
 tions: failure of notice: places 
 of election: penalty: judges 
 refusing legal or allowing ille- 
 gal votes : imprisonment : pen- 
 alty. 
 
 22. Penalty for preventing legal or 
 
 procuring illegal voting: for 
 voting illegally. 
 
248 
 
 Elections. 
 
 Article XVII.— Statutes. 
 
 33. Penalty for conspiring to prevent 
 legal or procure illegal voting : 
 for assaulting or intimidating 
 voters: for destroying ballots 
 or ballot boxes: for violence 
 to judges or clerks: for resist- 
 ing officers: for destroying 
 naturalization papers. 
 
 24. 
 25. 
 26. 
 
 37. 
 
 Power to seize arms. 
 
 Powers of Board of Police saved. 
 
 How above provisions to apply 
 to elections in Baltimore : fed- 
 eral, State and municipal elec- 
 tions : Board of Police. 
 
 Want of notice not to invalidate 
 election : proviso. 
 
 OKDINANCES 
 
 1. Returns by judges. 
 
 3. Penalty for illegal voting. 
 
 3. Vacancy in City Council. 
 
 4. Fines and forfeitures. 
 
 STATUTES 
 
 )876, c. 247. 1. The Board of Police of the City of Baltimore before 
 
 Re division of Julj fiist, eighteen hundred and seventy-six, and before the 
 tion precincts, holding of any election whatsoever in the said city, shall lay 
 out and divide each and every of the wards of said city into 
 election precincts,* each of which shall contain as nearly as 
 may be six hundred voters, and shall from time to time, as 
 changes of population or alteration of the metes and bounds 
 of the wards in said city may require, alter and correct the 
 said precincts, so that the voting population in each of said 
 precincts shall be maintained as nearly as may be at six hun- 
 dred voters, and shall give notice by publication of such divi- 
 sion, and of all changes, alterations and corrections thereof, 
 and shall record the outlines of said precincts in the mode 
 provided in the next succeeding section. 
 
 p. L. L., art. 4. 
 sec. 2Ul. 
 
 2. The Board of Police shall cause the said precincts in 
 each and every ward to be numbered one, two, &c., and the 
 
 How numbered ; "^ v 
 
 numbers to be j^ggi-jptj^^j^ ^f g^ch thcrcof to bc rccordcd in a book to be 
 
 recordeu ana i 
 
 published. kept by them for the purpose, and as soon as the said division 
 shall have been so made and recorded, the said board shall 
 
 See the re-division under Article I, p. 35, ante. 
 
Elections. 249 
 
 Article XVII.— Statutes. 
 
 cause the said description of the several precincts, with their 
 respective numbers, to be published daily three times in all 
 the daily papers of the city of Baltimore, which shall be 
 willing, for a proper compensation, to insert the same. 
 
 3. After the making of such several divisions or distri- ibid, s. 204. 
 butions into precincts, the votes of the citizens entitled by vote to be re- 
 
 1 J. i- 1P1 • /•T.i- Till ceived only in 
 
 law to vote in any ward 01 the city 01 Baltimore, shall be precinct where 
 
 voter resides. 
 
 given and received only at the place of voting in the precinct 
 in which they shall reside at the time of such voting, or in 
 which they may have last resided previously to their removal 
 from the said ward, if they have so removed, and have not 
 acquired a legal residence elsewhere. 
 
 4. During the session of the Legislature, (of 187f'>,) i876, c.223. 
 and durinij: each succeeding session thereof, the Gov- Board of super- 
 
 '-' ° vigors of Elec- 
 
 ernor of Maryland, by and with the advice and consent of ''""^s- 
 the Senate, shall appoint three persons, residents and voters 
 in the city of Baltimore, who shall be styled the Board of 
 Supervisors of Elections in the City of Baltimore. The said 
 board shall serve without compensation, and shall hold office 
 for the term of two years from the first day of May next 
 after their appointment, and shall exercise the powers and 
 perform the duties hereinafter set forth, or which may from 
 time to time be conferred or imposed upon them by law ; in case 
 of a vacancy occuring in said board when the Legislature is 
 not in session, the vacancy shall be filled by the Governor. 
 It shall be the duty of said board, or a majority thereof, not 
 less than three weeks before every election to be hereafter 
 held in the city of Baltimore, to appoint three discreet per- Judges of Eiec 
 sons, no one of whom shall hold office or employment under 
 the Government of the United States, or the State of Mary- 
 land, or of the city of Baltimore, to act as judges of election* 
 
 * The office held by judges of election is judicial, and such officers cannot 
 be held legally responsible for any thing more than an honest and faithful 
 exercise of judgiuent,.aud are not liable for the consequences of mistakes 
 
250 Elections. 
 
 Article XVII.— Statutes. 
 
 in each of the voting precincts of the said city, one of whom 
 shall be of a political party different from that with which 
 the other two are connected, and shall designate in said 
 appointment one of said persons as presiding judge. The 
 said judges shall be legal voters of the precincts for which 
 they shall be appointed, and they and their successors in 
 office shall hold office for the term of one year from and after 
 the date of their ap})ointment, subject, however, to removal 
 by the said board, whenever the said board shall be convinced 
 of the unfitness of any judge, or credibly advised of any 
 misconduct on his part in his office of judge of election as 
 aforesaid ; and the said board shall publish the names of 
 judges so removed in one daily paper published in the city 
 of Baltimore, within one week after such removal ; but each 
 and every person so appointed to act as judge of election 
 shall, unless excused or removed by the said board, or dis- 
 qualified by ill health, or otherwise according to law, be 
 bound to serve as such judge for the term of one year as 
 aforesaid when appointed, once in every five years if required, 
 and in case of refusal so to do, shall be liable to a penalty of 
 five hundred dollars, recoverable by the said board by civil 
 action in tlic name of the State ; and a failure to attend at 
 any election, during said term, unless prevented by sickness 
 or other sufficient cause, shall be deemed a refusal within 
 the meaning of this section ; it shall be the duty of the said 
 Names of judges board beforc each election in said city, to publish in two 
 
 to be pubfished. . _ J J l . 
 
 daily papers jjublished in said city daily for one week, the 
 last insertion to be not less than two weeks before the day 
 of election, the names of all the judges of election by them 
 
 honestly made. In an action against judges of election, for refusing to per- 
 mit the plaintiff to vote, the declaration must allege that the act was done 
 wilfully and fraudulently, or corruptly; for wrongs so done, these officers 
 are liable both civilly and criminally. Bevard v. Iloffnutn et al., 18 Md. 479 ; 
 Anderson v. Baker, 33d Md. 631. 
 
Elections. 251 
 
 Article XVII.— Statutes. 
 
 appointed, designating the wards and precincts in which 
 
 tliey are to serve, and sliall receive and consider all com- Complaints to 
 
 .... . . Board. 
 
 plaints in writing preferred against the fitness and qualifi- 
 cations of any one or more of the said judges of election ; 
 provided, however, that no puhlication of the names of sub- Proviso, 
 stitutes for judges removed or disqualified by sickness or 
 otherwise shall be required. 
 
 5. The said board shall have power, and it shall be their i876, c. 2^3. 
 duty to fill all vacancies which may be caused among said vacancies 
 
 '' ./ <j among judges. 
 
 judges by death, disqualification or refusal to act, or other- 
 wise, and from time to vtime to appoint successors to those 
 judges whose term of service may be about to expire, or may 
 have expired, and substitutes to fill vacancies as aforesaid, and 
 every such substitute shall hold office until the end of the orig- 
 inal term of one year for which his predecessor was appointed. 
 
 6. The said judges of election, and each of them, are p. l l a^. 4, 
 
 w " sec. aUV. 
 
 made conservators of the peace while they shall be acting as J^;!^^^';;^;^'';^ „, 
 
 such judges, and shall have full power and authority, and^^epeace. 
 
 are hereby respectively commanded to preserve the peace at 
 
 and about the places of voting of their resi)ective precincts 
 
 from the time that the polls shall have been opened therein 
 
 until the returns of the votes taken at any election therein 
 
 shall have been made ; and they, and each of them, shall 
 
 have full power, and it shall be their duty to keep the polls 
 
 of their respective precincts clear, or cause them to be kept 
 
 clear, so that ingress thereto and egress therefrom shall be 
 
 free and unobstructed to the voters ; and to prevent and sup- Topreserve^^ 
 
 press riots, tumult, violence, disorder and all otlier improper press riot. 
 
 practices, tending to the intimidation or obstruction of voters, 
 
 or the disturbance or interruption of elections. 
 
 7 The said judges, or a majority of them in each pre- ibid,s.208. 
 cinct, shall have power, and are herc% directed, to select xo^sejej places 
 the places of voting in and for their respective precincts, and 
 
252 Elections. 
 
 Article XVII.— Statutes. 
 
 to take care that the same be as near the centre of such pre- 
 cincts as may be, and upon an open, public street, in a free, 
 What places acccssible and convenient location, and that no tavern, liquor 
 
 shall not be 
 
 selected. storc, grog-shop, or other place at which liquor shall usually, 
 
 or at the time, be sold, shall be by them taken or used as a 
 place of voting ; and they shall take all such measures, 
 
 Barriers to be whcthcr by the erection of barriers, or establishing limits 
 
 erected at polls. _ ^ 
 
 around the polls or otherwise, as may be necessary and 
 proper in their judgment, to prevent crowding at or near 
 the polls, or the interruption of voters in approaching or re- 
 turning from the same ; and it shall be their duty, by proper 
 precautions in advance and by such regulations and arrange- 
 ments beforehand, or on the day of election, as may be suit- 
 able, to secure the peaceful conduct of such elections as may 
 be held during their official terms, and the protection of the 
 voters and the ballot-boxes from violence and fraud. 
 
 Ibid, s. 309. 8. In order to enable the judges to discharge the duties 
 
 Power of judge imposcd On them by this article, or any other law, they, and 
 
 to commit per- i i i p i • 
 
 sons. each of them, shall have full power and authority upon every 
 
 day of election, and until they shall have made up the return 
 of the v-otes polled, to commit to the jail of Baltimore city, 
 upon their warrants respectively, h\l persons who shall, with- 
 in their respective precincts, violate, or attempt to violate, 
 any of the provisions of this article, or any section thereof, 
 or of any other law touching elections now existing, or here- 
 after to be enacted, and they are authorized to call upon the 
 hjheriff of Baltimore and his deputies, and all constables, po- 
 licemen or other peace-officers, to serve the said warrants ; 
 and they are further authorized and directed at the times and 
 
 Power over for the pcriods aforesaid, to call upon the said Sheriff and 
 
 Sheriff and ,.,. ii/y> i i • i 
 
 posse. his deputies and other officers last above mentioned, as well 
 
 as all private citizens, and if need be to summon the pofise 
 Gomitatus to aid them in suppressing riot, violence, disturb- 
 ance and disorder, and in jireserving the i3ublic peace, pro- 
 
Elections. 253 
 
 Article XVII.— Statutes. 
 
 tecting themselves and other voters, and securing the quiet 
 and freedom of the election and the safety of the ballots and 
 
 ballot-boxes. 
 
 • 
 
 9. Any person or persons whom the said judges or any of md, s. 210. 
 them may so summon, or on whom they may so call to exe- Penalty for re- 
 
 iji •! i'li -1 !• fusing to obey 
 
 cute the said warrants, or aid tliem respectively, as herein- summons ei 
 before provided, and who shall refuse to obey such call or 
 summons, shall be liable respectively to the penalties follow- 
 ing for such refusal, to be recovered by the said board of po- 
 lice, by civil action, in the name of the State, that is to sa}' : 
 the said Sheriff to a penalty of five thousand dollars, any 
 other peace officer aforesaid to a penalty of five hundred dol- 
 lars, and any private citizen to a penalty of one hundred and 
 fifty dolhirs ; and each and every person so refusing sliall be 
 liable, moreover, to indictment, and such punishment for 
 such refusal as is by law already or may hereafter be 
 provided. 
 
 10. Any officer or person having control, command, or ihid, s. 211. 
 keeping of the jail of Baltimore city, wbo shall refuse to re- penalty forre. 
 
 . , . , . fusing use of 
 
 . ceive or detain, and any officer of the corporation ol said city jaii. 
 who shall prevent or forbid the reception or detention in such 
 jail of any person so committed by said judges, or any of 
 them, according to the exigency of such commitment, shall 
 be liable to a penalty of one thousand dollars for every such 
 offence, recoverable by said Board of Police, by civil action, in 
 the name of the State, and likewise to iinprisoment for not 
 less than sixty days, upon conviction thereof in any criminal 
 court of competent jurisdiction ; provided, however, that proviso, 
 nothing contained in this article shall be construed to impair 
 or destroy the authority of the said board of police under the Re^ervatjo^n^of^ 
 provisions of the article constituting the same, and pre- of Pouce. 
 scribing their powers and duties, and especially under the 
 provisions of the article authorizing them to control and com- 
 
254 Elections. 
 
 Article XVII— Statutes. 
 
 mand all conservators of the peace on the occasions and in 
 the manner therein provided. 
 1876, c. 223. 1 1 ^ "pi^e gai(j board of Supervisors of Elections shall like- 
 
 cierks of eiec- wisc appoint for evcrj election two clerks, of different poli- 
 tical parties, for each election precinct, who shall respectively 
 discharge the duties by law belonging or hereafter to be as- 
 Perdiem of signed to clcrks of election, and who shall receive two dollars 
 
 judges and o ? 
 
 clerks. ^^y, ^.^g,^ q^q\^ f^j. their services as such. The said judges of 
 
 election shall receive two dollars pe?' diem each for their ser- 
 vices ; the compensation of such judges and clerks, and all 
 expenses to be incurred by the said judges under this article 
 
 What expenses or othcrwisc accordiug to law, as well as all expenses to be 
 
 to be paid by o ■> x 
 
 cmmcif"'^ ^'"y incurred by the said Board of Supervisors necessary and 
 proper for the performance of their duties as aforesaid, as well 
 as all expenses incurred by the Board of Police in the divison 
 of the wards into precincts, as provided by this article, and in 
 recording and publishing the same or otherwise under this 
 article, or in the execution thereof, to be i)aid and recoverable 
 from the Mayor and City Council of Baltimore, and to be 
 provided for by said Mayor and City Council by taxation or 
 otherwise. 
 ]868,c. 377. 12. Each of the said judges, as soon as may be after his 
 
 Oath of judges, appointment, and before proceeding to act as such judge of 
 election, shall take the oath or affirmation prescribed by arti- 
 cle thirty-five of the Public General Laws as amended by the 
 act of the General Assembly, passed at the January session 
 thereof, in the year eighteen hundred and sixty-seven, chap- 
 ter three hundred and seventy-four, repealing and adopting a 
 substitute for section nine of said article, * and every clerk 
 
 * The section cited is as follows : 
 
 Every judge of election, at every election to be hereafter held in pursuance 
 of law, before he proceeds to take or receive any vote, shall take the follow- 
 ing oath or affirmation : I. A. B., do swear (or affirm) that I will permit all 
 
 persons to vote who shall offer to vote at the election now to be lield for 
 
 county, or city, whose names shall appear on the registry or list of voters 
 
Elections. 255 
 
 Article XVII.— Statutes. 
 
 of said election, as soon as may be after his appointment, and 
 before he enters any vote on the poll book, shall take the oath outu ot cierk. 
 or affirmation prescribed in section ten of said article thirty- 
 five of the Public General Laws ;* and the said judges and 
 clerks respectively, shall likewise make oath or affirmation 
 well and faithfully to discharge the duties, by this article im- 
 posed on them respectively, or which may be assigned to 
 them respectively, during their official term oyiaw. 
 
 13. On the morning of each day of election in said city p ^ L.,art. 4, 
 and on the day preceding, if practicable, the judges of each Notice oc places 
 precinct shall give public notice by advertisement in all the given! 
 daily papers of the said city, the proprietors whereof shall be 
 
 willing for reasonable compensation to insert the same, of the 
 places at which the polls shall be held in their respective 
 precincts. 
 
 14. At every election in the city of Baltimore, the polls {^i'^-^^^as"'^' 
 shall be open for the reception of votes from six o'clock A. Hours of voting. 
 M. until six o'clock P. M., and no longer. 
 
 15. It shall be the duty of the judges of election in each i^d.sec. 216. 
 of the precincts hereinbefore provided for, so soon as any per- f,t!en'be?. re 
 son shall present himself to vote or offer to vote therein, to lZ"lt 
 take from him the ballot which he shall tender, before they 
 shall examine him or any other person touching his qualifi- 
 cations, and before they shall determine in regard thereto ; 
 and the said judges in each precinct in addition, to the ballot 
 box or boxes, to be used for the rece])tion of votes which they 
 
 ex- 
 am illation of 
 
 furnished to me according to law, as qualified voters under the Constitution 
 and Laws of this State, and that I will not permit any person to vote at the 
 same election whose name shall not be found upon the said registry or list of 
 qualified voters; and I will in all things execute the oflice of judge of the 
 said election, according to the best of my knowledge, without favor or par- 
 tiality, so help me God. 
 
 ♦"That I will well and faithfully without favor, affection or partiality 
 execute the office of clerk of the election now to be held," &c. 
 
256 Elections. 
 
 Article XVII. — Statutes 
 
 Box for rejected shall leceive as legal, shall ])rovide another box, wherein all 
 
 ballots to be . . 
 
 ^''P'- ballots which they shall reject shall be separately dejiosited 
 
 Rejected ballots by the Said iudffes, each in a sealed or closed envelope, with 
 
 to be sealed and *' . . 
 
 put in. the name of the party offering the same endorsed thereon ; 
 
 Box to be seal- wliicli Said box shall be sealed up immediatey after the said 
 
 ed and kept 
 
 twelvemonths, election, and deposited with the Board of Police aforesaid, 
 until the end of twelve months next ensuing, when, if the 
 said ballots shall not have been or shall not be required for 
 the purpose of any election contest or judicial investigation, 
 
 When to be de- (in which cascs they shall be produced and opened if neces- 
 
 stroyed. ^ -^ l L 
 
 sary,) they shall be destroyed by the said board without 
 being opened. 
 
 Ibid, sec. 217. 16. It shall be unlawful to keep open in the said city on 
 Drinking houses any elcction day, any drinking establishment or bar room, 
 
 to be closed. *' ^ ^ J o > 
 
 or any grog-shop whatsoever, or to furnish any spirituous 
 or fermented liquor therein or therefrom, and any person or 
 persons who shall be guilty of violating this section, or of 
 retailing or dispensing any spirituous or fermented liquors 
 on any election day in said city, shall on conviction thereof 
 Penalty for sell- forfeit his Or their license, if he or they shall have taken out 
 
 ing liquor. •" •' 
 
 any, and be disqualified from taking out any other license 
 for the sale of such liquors for the space of five years there- 
 after, and shall moreover be liable to a penalty of five hun- 
 dred dollars, to be recovered by said Board of Police by civil 
 action in the name of the State ; and it shall be the duty of 
 said board and of the Sheriff and his deputies, and of all 
 policemen, constables and other peace officers, to take care 
 that the provisions of this section be complied Avith, and to 
 inform upon all persons violating the same, of whose oflences 
 they shall have knowledge or information . 
 Ibid, sec. ai8, 17. It shall be the duty of each and every of the said 
 Judges to go be- judges of clcction, immediately after each election at which 
 
 fore grand jury. , i 1 1 i 
 
 they shall have acted as such, to appear before the grand 
 jury of the Criminal Court of Baltimore, if in session, 
 
Elections. 257 
 
 Article XVII.— Statutes. 
 
 and if not, before the grand jury of said court which shall 
 next be in session thereafter, to be examined touching any 
 and all violations of the provisions of the Constitution, or of 
 this article, or of any other law relating to elections of 
 which they may have personal knowledge, or which they 
 may have reasonable ground to believe to have been com- 
 mitted at such election ; and every judge of election in said 
 city foiling so to appear before the grand jury as aforesaid, 
 prior to the adjournment of the same, and to give such in- 
 formation as aforesaid as he may possess in the premises, 
 shall be liable to a penalty of five hundred dollars, to be Penalty for 
 recovered by the said Board of Police by civil action, in the So!'^'^ '"''^° ° 
 name of the State, unless the judge or judges so failing to 
 appear, shall have furnished to the said grand jury before 
 their said adjournment, his or their certificate signed by him 
 or them, and under oath made and certified before a justice 
 of the peace of said city, that he or they did not know, and 
 had no reason to believe, that any such offences had been 
 committed at the said election ; which certificates shall be 
 returned by the grand jury to the said court, and preserved 
 and recorded by the clerk thereof. 
 
 18. No grand jury sitting at the time of any election in ibid, sec. 219. 
 said city, or assembling next thereafter, shall be discharged Grand jury not 
 
 ■, ' . , , to be discharged 
 
 bv the said court, until they have made written presentment, without present- 
 
 -' ' "' TT 1 nient of judges' 
 
 on their oaths, to the said court that they have diligently appearance. 
 and to the best of their knowledge and ability, examined 
 such judges of election as may have come before them, and 
 inquired into and acted upon all complaints concerning 
 alleged violations of the Constitution and laws touching 
 elections at the election next preceding, and all matters con- 
 cerning the same which have come to their knowledge, or 
 concerning which they have had any information or reason- 
 able ground for inquiry. 
 
258 Elections. 
 
 Article XVII.— Statutes. 
 
 Ibid, sec. 2v'o. 19. It shall further be the duty of the said grand jury- 
 Grand jury to to make i)reseritinerit to said court, on their said adiourn- 
 
 present judges '' 
 
 hmiiiBtoap- nient, of all judges of election who shall have failed to 
 appear before or certify to them as aforesaid, who shall be at 
 once arrested and held to bail to answer at the ensuing term 
 
 On presentment, of Said Qourt : and it shall be the duty of the State's Attorney 
 
 warrant to issue . . "^ '' 
 
 forarreat. immediately to apply for, and of the court to issue a bench 
 
 warrant for such arresf, and the State's Attorney shall like- 
 
 Presentment to wisc lav the Said presentment or ])resentments before the 
 
 go to next grand ^ i. 
 
 j^'y- next grand jury, on the first day of their session, with the 
 
 proper indictments thereupon, which it shall be the duty of 
 the said grand jury to find on the said presentments ; and 
 the said court shall give the provisions of this article in re- 
 charge to jmy. lation to elections in charge to each and every grand jury 
 which shall be in session at the time of any election held in 
 said city, or next thereafter ; and any failure so to do, and 
 any neglect on the part of the judge of said court or of the 
 State's Attorney for said city to perform the duties by this 
 section imposed on them respectively, shall be, and the same 
 Penalty. are hereby, declared to be acts of criminal misbehavior in 
 
 office on the part of said judge and State's Attorney respec- 
 tively. 
 
 Ibid, sec. 221. 20. Any judgc of election who shall wilfully neglect, or 
 penaityonjudKe shall whcu Called ou wilfully decline or refuse to exercise 
 
 of election (ail- 
 ing to preserve the power Conferred on him by this article for preserving the 
 
 peace. ^ *' i o 
 
 peace on election days, and securing the tranquility and 
 freedom of elections, and the safety and uninterrupted access 
 of the voters to the ballot boxes, shall be liable for every 
 such ofience to a penalty of five hundred dollars, recoverable 
 by civil action, by said Board of Police, in the name of the 
 State. 
 i867,c. 141; 1878, 21. Thc Sheriff of Baltimore City, under the penalty of 
 sheiiff to f!ive one thousaiid dollars, shall at least two weeks previous to 
 
 notice of elec- .... . 
 
 tions. every election in said city, whether federal, State or muuici- 
 
Elections. 259 
 
 Article XVII.— Statutes. 
 
 pal, except special elections* otherwise provided for, hereafter 
 to be held in tlie said city, cause public notice to be given by 
 advertiNement set up at the most public places in each pre- 
 cinct of tlie several wards of said city, and also by adver- 
 tisement in all the daily newspapers printed in the said city, 
 of the time of holding said election in the said city. Failure of no- 
 but if from any cause said notice shall fail to be given, said 
 failure shall not effect the validity of the said election, or 
 of any election to be thereafter held, but it shall be the duty 
 of the several judges of election in the said several precincts 
 in the several wards of the said city, at the time prescribed 
 by law, and at the place previously selected, and advertised 
 by them as required by section seven of this article, and in de- 
 fault of any 2>lace having been selected or advertised as Places of eiec- 
 aforesaid, then at the usual places of holding elections in 
 said several precincts, or at the place where the last preceding Penalty. 
 election was held in such precinct, under the pen;ilty of five 
 hundred dollars for each judge refusing or knowingly and 
 wilfully neglecting to hold such election ; and any judge of Judftes refusing 
 election who .shall wilfully and knowingly refuse a legal vote ing iiicgai votes. 
 when offered, or shall wilfully and knowingly receive an 
 illegal vote, or conspire with any person or persons whatso- 
 ever to violate the provisions of this article, or of any other 
 law, or of the Constitution of the State, touching elections. 
 
 * Sections 49 and 51 of Article 35, P. G. L. are amended by the act of 1878, 
 c. 437, as follows : 
 
 49. Warrants for all special elections shall be issued to the Sheriff of the 
 county or city where the election is to be held, who shall appoint a day for 
 the holding of the same, and shall give at least ten days' notice thereof, ex- 
 clusive of the day of publication and day of election, by advertisements set 
 up at the most public places within each district of the county, and by ad- 
 vertisements in two newspapers of general circulation in such county. In 
 the city of Baltimore ten days' previous notice shall be given in the manner 
 herein prescribed of all special elections, whether for federal. State or muni- 
 cipal officers. 
 
 51. Such elections shall be held within fifteen days after the warrant 
 shall be received by the Sheriff. 
 
260 Elections. 
 
 Article XVII. — Statutes. 
 
 Imprisonment, shall be guiltj of a misdemeanor^ and be subject to imprison- 
 ment for not less than six months for each and every such 
 offence, upon indictment and conviction thereof in a court of 
 
 Penalty. Competent jurisdiction, as well as to a penalty of one thou- 
 
 sand dollars for receiving an illegal vote as aforesaid, to be 
 recovered in a civil action by the said Board of Police, in the 
 name of the State ; and to a penalty of one thousand dollars 
 for refusing a legal vote as aforesaid, to be recovered in a 
 civil action, in any court of competent jurisdiction, by the 
 person whose vote shall have been refused as aforesaid. 
 
 p L. L., art. 4, 22. If auy person shall prevent or hinder, or attempt, or 
 PetiHity for pre- couspire witli any other person or persons to prevent or hin- 
 
 venting legal or .... /v> • i 
 
 procurins iiie- (Jer anv voter from exercising his right of suffrage in the 
 
 gal voting. - o o D 
 
 city of Baltimore, by threat, intimidation, violence, or any 
 other unlawful means, whether before or during election 
 time, or shall detain or imprison any person or persons with 
 the view or intent of causing, procuring or forcing such per- 
 son or persons to vote illegally, or against his or their will, 
 or under compulsion, in any precinct in said city, jsuch per- 
 son so offending, and every person who shall be guilty of 
 For votin; iiie- wilfully votiug or offering to vote illegally, or causing or 
 
 gaily. 
 
 procuring any other person to vote illegally, in any precinct 
 of the said city, shall, on conviction thereof, be adjudged 
 guilty of felony, and be sentenced to not less than two, nor 
 more than six years imprisonment in the penitentiary ; and 
 Repeating. j^ shall bc dccmed illegal within the meaning of this article, 
 to vote or offer to vote in mor^ than one precinct, or more 
 than once in any precinct, at any election, or without be- 
 ing constitutionally or legally qualified, or in violation of the 
 Constitution, or of this article, or of any other law ; and all 
 acts made punishable under article thirty-five of the Code of 
 Public General Laws, when committed within or with re- 
 ference to any election district or districts of any county, are 
 
Elections. 261 
 
 Article XVII.— Statutes. 
 
 liereby declared to be illegal when committed within or in 
 reference to any election precinct or precincts aforesaid. 
 
 23. Any two or more persons who shall, during any elec- ibid, sec. 2:24. 
 tion in the city of Baltimore, assemble, consiiire or combine Penalty for con 
 
 " spiring to pre- 
 
 together for the purpose of driving any voter or voters from "^"^^^^fi^'^^^ 
 the polls, or preventing, or obstructing, or beating, injuring, """'"s- 
 or intimidating any voter or voters in coming to or returning 
 
 from the polls ; and any person or persons who shall assault, For assaulting 
 
 ^ ' ■' *■ '^ or intimidating 
 
 wound, beat or otherwise maltreat or injure, or shall offer to voters. 
 maltreat or injure, or shall by menace or violence, or other- 
 wise, intimidate, overawe, or control any voter while at the 
 polls, or going to or returning from the same ; and any per- 
 son or persons who shall wilfully destroy or mutilate, or at- ^^l^^jf^^^^y^^Sj 
 tempt to destroy or mutilate, any ballot that may have been ^oxes. 
 deposited in any ballot-box, or in any box for rejected bal- 
 lots, in said city, or any election returns, clerk's book, tally 
 list, poll book, list of voters, or certificate of election, or who 
 shall steal or destroy, or attempt to steal or destroy, any box 
 or boxes aforementioned, or withdraw, or attempt to with- 
 draw, therefrom illegally any ballot or ballots which may 
 have been deposited therein, or attempt or commit any '^^O' J^,"Jg^*°i^^',«^*° 
 lence against any person or persons having lawful charge of 
 the same, or against any judge or clerk of election in the dis- 
 charge of his duty as such ; or who shall forcibly resist the 
 execution of any lawful order of any judge or judges of elec- 
 tion under the provisions of this article, or of any other law, 
 or shall on election day, or while the returns of any election 
 are being made up, forcibly resist any policeman or peace ror^resisting of- 
 officer in the discharge of his duty at or about the polls, or 
 under this article, or shall forcibly resist any private citizen 
 acting lawfully under the lawful order of any judge of elec- 
 tion given in conformity with this article, or any other law, 
 for the purpose of securing the peace and freedom of any 
 election in said city ; or shall seize, take, steal, mutilate, or 
 
262 Ele(3tions. 
 
 Article XVII.— Statutes. 
 
 For destroying destrov the natuialization papers, or certificate, or written 
 
 naturalization 
 
 papers. evidencc of naturalization of any naturalized voter, or at- 
 
 tempt so to do either at or near the polls, or while tlie said 
 voter shall he proceeding thereto or returning therefrom, 
 shall he deemed guilty of felony, and he sentenced, upon 
 conviction thereof, to confinement in the penitentiary for 
 not less than three nor more than six years. 
 
 Ibid, sec. 225. 24. If the Said Board of Police shall have reason to he- 
 Power to seize licvc that iu the neiglihoihood of any election polls in the 
 
 arms. 
 
 said city or elsewhere, within any election precinct of the 
 same, there is any depot or collection of fire arms or other 
 weapons or ammunition intended to he used for the purpose 
 of intimidating or injuring voters, or interfering with the 
 freedom or peace of any election then pending or approach- 
 ing, it shall he the duty of the said hoard to apply to the 
 Criminal Court, or some justice of the peace of said city, 
 for a warrant, on proper oath, to search the premises, and 
 the said court or justice shall issue the same without delay, 
 and shall cause the said arms, weapons and ammunition, if 
 found, to he seized and delivered to said board, to he de- 
 tained until the day after the returns of said election shall 
 have been made, and until the same shall be disposed of by 
 law. 
 
 Ibid, sec. 22C. 25. Notliing contained in this article shall be construed 
 Powers of Board to dcprivc the Said Board of Police of any police powers, or 
 
 of Police saved. . ,,.. 
 
 relieve them from any obligations imposed upon them by 
 Article XXXVIII, relating to the Board of Police, and 
 prescribing their powers and duties ; but the said Board 
 of Police may either carry out the orders of said judges of 
 election, or themselves take' command and control, if they 
 deem necessary, of the persons and officers, and assume the 
 conduct of the measures which may be required to promote 
 the purposes of the preceding sections of this article re- 
 lating to elections, and the security of the elective franchise. 
 
Elections. 263 
 
 Article XVII. — Statutes. 
 
 26, The provisions of the preceeding sections of this ise;, c. 141. 
 article shall apply to all elections in the city of Baltimore, how afore pro- 
 whether federal or State, or municipal, and all elections to to elections in 
 
 '■ Baltimore. 
 
 take place hereafter in the city of Baltimore, shall be by 
 ballot, and shall be held and proceed, and the returns 
 thereof made in conformity with the provisions of Article 
 thirty-five of the Public General Laws, except in so far as 
 the same may be modified by the provisions of this article, 
 and no election to be held in the city of Baltimore, whether 
 federal, State or municipal, shall be valid unless held under Federal. state 
 
 and municipal 
 
 and in conformity with the provisions of this article, and elections, 
 under and subject to the provisions of the article establish- 
 ing a permanent police in the city of "Baltimore, and Board of Police, 
 defining and enforcing its powers and duties, and under and 
 subject to the control and command as to all i)oUce purposes 
 of said Board of Police ; and no judge of any court in 
 this State shall have or exercise the power of preventing 
 or delaying the qualification of any Mayor or member of 
 the City Council, or the exercise and performance of their 
 official duties by injunction, recognizance or any other pro- 
 ceeding.* 
 
 27. No election to be held under the provision of this r^l.^ l , art. 4, 
 article, and which shall be otherwise valid, shall be held want of notice 
 
 ' not to invali- 
 
 invalid because ot any failure of the said Board of Police, or date election. 
 the said judges, to make the advertisements hereinbefore 
 reipiired, or because of any disqualification or want of quali- 
 fication of any judge or judges of election, or any member 
 of said board ; provided, however, that any wilful failure or p^o^iso. 
 neglect of said board or the said judges to make the said 
 advertisement, or of the said board to appoint properly 
 qualified judges, whether in the stead of any so disqualified 
 
 * As to Registration of Voters, see 1876, c. 249, and 1878, c. 353 ; Hardesty v. 
 Taft, 33 Md. 526 ; Aiiderson v. Baker, Ibid, 615. 33 Md. 142. 
 
264 Elections. 
 
 Article XVII. — Ordinances. 
 
 or otherwise, shall be held and taken to be a misdemeanor, 
 and shall be punishable by fine in the discretion of the court, 
 on conviction thereof in a court of competent jurisdiction. 
 
 ORDINANCES . 
 
 No. 93, Oct. 11, 1, The judges of elections for municipal officers, are 
 Returns of hereby required to make return and deposit their polls with 
 
 judges. »> ± L L 
 
 the Register of the City in the time prescribed in section 19 
 of Art. 4 of Public Local LaAvs, (sec. 20, statutes of Ar- 
 ticle I, p. 13, ante.) 
 
 No.2,s.i,R.o. 2. If any person at any election hereafter held for any 
 Penalty for nie- corporation purposes, having voted once, shall offer to vote 
 
 gal voting. 
 
 again in any precinct of the same ward, he shall be subject 
 to a penalty of ten dollars for such offence ; and if any per- 
 son shall offer to vote in any name not his own, or in place 
 of any other person of the same name, or shall t)ffer to vote 
 in any precinct of any ward, in which he does not reside, or 
 residing out of the city, shall offer to vote at any such elec- 
 tion, he shall forfeit twenty dollars ; and in either case, it 
 shall be the duty of the judges of election to cause his im- 
 mediate arrest. 
 
 Ibid, S.2. 3. In case of any vacancy happening in the Council,* the 
 
 Vacancy in City Mayor is hereby authorized and directed immediately to 
 notify the sheriff, who shall proceed as he is required by 
 law in cases of special elections; and who shall give ten 
 days public notice previous to said election, of the time 
 and place in the ward in which such vacancy occurs of hold- 
 ing such election. 
 
 * See sec. 19, Art. 1, p. 13 and p. 259. ante. 
 
Elections. 265 
 
 Article XVII. — Ordinances. 
 
 4. All tlie fines and forfeitures imposed by the second ibid, s. 4. 
 section of this ordinance shall be for the use of the City. * Fines and for- 
 
 leitures. 
 
 * See sec. 7, of Article XIX, Fines and Forfeitures. 
 
 Note. — A. being an aspirant for nomination to the City Council, B. agreed 
 wltli C, a person claiming to have influence with the German voters of the 
 ward, to secure the nomination of A. at a primary election. Under this con- 
 tract C. did use his influence as agreed on, and also supplied, on the order of B., 
 the German voters with beer and cigars. The nomination, however, was not 
 obtained, and B. refused to pay for the refreshments; suit was brought by C. 
 against B., and on the trial in the City Court, July 16, 1872, Brown, C. J. held 
 that the contract was against public policy and consequently void: and that 
 the principle of law governing such cases was as applicable to primary as 
 to legal elections ; each party was adjudged to pay his own costs. 
 
 On a case of contested Mayoralty election in tiie Superior Court of Balti- 
 more City, under sees. 53 anil 54 of Art. 35, P. G. L., it was held : That the 
 jurisdiction of the Superior Court, in cases of this kind, is a special and ex- 
 clusive jurisdiction, and there being no provision by th(! law for the right of 
 appeal, its judgment in the premises is final and conclusive. Warfield v. 
 Latrobe, 46 Md. 123. 
 
266 Ferries. 
 
 Article XVIII.— Statutes. 
 
 ARTICLE XVill. 
 
 FERRIES. 
 
 STATUTES 
 
 1. Powers to Broadway and Locust 
 
 Point Steam Ferry Companj'' : 
 wharf at foot of Broadway. 
 
 2. Wharf at foot of Haubert street. 
 
 3. All other ferryboats excluded: 
 
 penalty. 
 
 4. Gates and ticket houses. 
 
 5. Ferry boats : hours of running. 
 
 6. Rates of fare. 
 
 7. Who to pass free. 
 
 STATUTES. 
 
 1867, c. 187, s. 2. 1. TliG Broficlway aiid Locust Point Steam Ferry Com- 
 
 Powera. pany of Maryland* is created to establish a steam ferry, 
 
 suitable to transport passengers, goods, wagons, carriages, 
 
 live stock, or any other transportable article across, over 
 
 *The Broadway and Locust'Point Steam Ferry Company of Maryland, 
 was incorporated by act of 1868, c. 187, with the usual powers and limita- 
 tions. Its charter was extended by the act of 1876, c. 301, on condition that 
 the company places on the line two new steam ferry boats within four and 
 nine years from date of act. 
 
 The act of 1868, c. 187, incorporating the Broadway and Locust Point 
 Ferry company, after conferring general ferry rights, authorized and em- 
 powered the Company " to hold and use as a wharf or landing for the use 
 of said ferry, the end of the wharf commonly known as the county wharf, 
 together with a right of way in common with otliers, tlirough the centre of 
 said wharf, of the width of ten feet, as a thoroughfare for travel to and from 
 the end of said wharf." It also imposed certain conditions, upon the per- 
 formance of which, by the company, the privileges conferred by the act 
 were made to depend. Held : That the act of incorporation was constitu- 
 tional and valid, and conferred upon the company the exclusive right to 
 hold and use the end of the wharf for ferry purposes. B.&L. P. F. (Jo. ®. 
 Eankey, 31 Md. 346. 
 
Feeeies. 267 
 
 Article XVIII— Statutes. 
 
 and within the hatbpr of Baltimore, and the said corpora- 
 tion is hereby 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 hereby authorized 
 and empowered to bold and use as a wharf or landing, for 
 the use of said ferry, the end of the wharf commonly known 
 as the County wharf, together with a right of way in com- county wharf, 
 mon with others, tbrough the centre of the 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 suiface of tlie said wharf, except the end 
 and right of way hereby granted, shall be and the same is 
 hereby reserved exclusively for the landing of such fruits, Reservation. 
 vegetables, and other agricultural products as may be 
 brought from the counties to the city of Baltimore for sale 
 or otherwise. 
 
 2. The said corporation is hereby authorized and empow- i87o,c.43g. 
 ered to occupy and use the wharf at the foot of Haubert street, Exclusive right 
 
 ^ •' 1 /> '" "•''^ wharf in 
 
 in the city of Baltimore, as a wharf or landing place for b^& l.p.s.f. 
 the ferry boats of said company, in exclusion of all other 
 steam ferry boats plying in the harbor of said city. 
 
 3. It shall not be lawful for any steam ferry boat, other ibid, s 2. 
 than one of those belonging to the said Broadway and Au^other^J^^y 
 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 
 
 Ords. No. 3, Feb. 8, '62, No. 65, May 13, '64, No. 5, Nov. 11, '64, were 
 impliedly repealed by act of 1868, c. 187. See ffankey v. Abrahams, 28 Md. 
 588 Ord No 172, May 28, '01, authorized the City Block Ferry and Tow- 
 ing Company to run a steam ferry boat from end of West Falls avenue to 
 Great Hughes street. The Locust Point Steam Ferry Company of Mary- 
 land was incorporated by acts of 1849, c. 34, and 1852, c. 161. 
 
268 Ferries. 
 
 Article XVIII.— Statutes. 
 
 the wharf at the foot of Broadway mentioned, in the 
 first section of this article ; and any and every person or per- 
 sons in charge, control or command of any steam ferry hoat, 
 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 or their charge, 
 control or command, shall each be subject to, and shall pay 
 Penalty. a fine of twcnty-fivc dollars for each and every time the said 
 
 steam ferry boat so in charge, control or command of such 
 person shall touch at eitber of the wharves aforesaid, 
 which fines shall be enforceable and collectable, according 
 to the provisions of the fortieth article of the Code of Pub- 
 lic General Laws of Maryland, [p. 270, j^o.si!.] 
 
 Ibid, s. 4. 4. The said company is hereby authorized to erect gates 
 
 Gates and ticket and ticket houscs ou the wharves at the foot of Broadway'' 
 
 bouses. 
 
 and Haubert street in said city of Baltimore. 
 1868, c. 187, s. 3 ; 5 Tlic Said corporation shall keep and run on their 
 
 1870, c. 436, s. 3. ^ ^ 
 
 Ferryboats. ferry routcs two good and substantial steam ferry boats, 
 staunch and seaworthy, and supplied according to the law 
 in such cases made and provided ; and the said corporation 
 shall so manage the said ferry as that one of their ferry 
 boats shall leave each end of said ferry at least every ten 
 
 Hoursof run- minutcs, between the hours of six o'clock A. M. and eight 
 
 ning. _ " 
 
 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. 
 
 1868, c. 187, s. 4, fi. The Said corporation shall not charge any greater 
 Rates of fare, sums than are contained in the following scale of prices, to 
 wit : For one passenger, five' cents ; for one horse, mule or 
 ass, and rider or driver, ten cents ; for one cow and driver, 
 ten cents ; for every swine, three cents ; for every sheep, two 
 cents; for every calf, two cents; for every heifer, three 
 cents ; for one horse, cart and driver, fifteen cents ; for two 
 
Ferries. 269 
 
 Article XVIII.— Statutes. 
 
 horses, cart and driver, eighteen cents ; fur one horse, wagon 
 and driver, fifteen cents ; for two horses, wagon and driver, 
 eighteen cents ; for every additional horse to those above 
 enumerated liarncssed 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. 
 
 7. The firemen in actual discharge of their duties, to- ibid,s. 5. 
 gether with their apparatus, accoutrements and horses, who to pass 
 police ofHcers in the actual discharge of tlieir duties, and all 
 funerals, shall pass free. 
 
270 
 
 Fines and Forfeitoijes. 
 
 Article XIX. — Statutes. 
 
 ARTICLE XIX. 
 
 FINES AND FORFEITURES. 
 
 STATUTES . 
 
 1. H(iw collected under ordinances. 
 
 3. Eiglit of appeal. 
 
 3. When suits in court to be tried. 
 
 4. Fines to whom payaljle. 
 
 5. Dispensaries. 
 
 6. No security to be taken for pay- 
 
 ment of tines and costs : person 
 to be committed : provisos. 
 
 ORDINANCES 
 
 1. City officers to commence suits 
 
 before justices. 
 3. Suits : officers to report to Mayor. 
 
 3. Register to pay costs. 
 
 4. Mayor to make compensation : 
 
 Register to pay : statement. 
 
 5. Mayor to take measures to re- 
 
 cover money from justices, 
 &c. 
 
 6. When informer to pay costs. 
 
 10. 
 
 Informer not entitled to any part 
 of fine or penalty. 
 
 Superseded judgments of jus- 
 tices: copies to be filed with 
 Register. 
 
 When Mayor may remit fines : 
 proviso : list of fines reriiitted, 
 for Register. 
 
 When to pay costs and jail 
 charges. 
 
 STATUTES. 
 
 p L., L., art. 4, 1. AH fines, penalties and forfeitures imposed by tlie or- 
 Howcoiiected dinances of the city, if not exceedinj; one hundred dollars, 
 
 under ordinan- ° 
 
 '=^*- shall be recovered before a justice of the peace as small 
 
 debts are, and if any fine, penalty and forfeiture exceed the 
 sum of one hundred dollars, it shall be recovered by action 
 of debt in the name of the corporation in the Criminal Court 
 of Baltimore.* 
 
 * Art. 40, of P. G. L. is as follows : 
 
 1. All fines, penalties and forfeitures, where the law imposing them does 
 not prescribe the mode of collecting or enforcing them, shall be collected as 
 
Fines and Forfeitures. 271 
 
 Article XIX.— Statutes. 
 
 2. An appeal shall lie from the judgment of a justice of iwa, sec. 230. 
 the peace imposing any fine, penalty or forfeiture, under the Right of appeal. 
 ordinances of the corporation to Baltimore City Court, and 
 shall be heard and decided at the session of the court next 
 succeeding the appeal, unless the court shall then be in 
 session, in wliich case the appeal shall he heard and decided 
 at that session, unless the court, in its discretion, shall grant 
 a continuance. 
 
 follows: II' not exceeding one hundred dollars, by action of debt in the 
 nanie of the State before a justice of the ])eace ; if exceeding one hundred 
 dollars, by action of debt in the name of the State in the Circuit Court for 
 the county where the offence was committed ; or if in tlie city of Baltimore, 
 in the Baltimore City Court; or if the fine, penalty or forfeiture exceeds 
 twenty dollars, the same may be collected and enforced by indictment in 
 the court having criminal jurisdiction in the county or city where the offence 
 was committed. 
 
 2. No person shall be liable to an action of debt and to au indictment 
 f(jr the same offence, but whichever preceding is first instituted shall be 
 prosecuted and the other abandoned. 
 
 3. All fines, penalties and forfeitures, when recovered, shall be paid to 
 the county or city where the same may be imposed, unless directed to be 
 paid otherwise by the law imposing them; but if there be an informer, he 
 shall have half, unless otherwi.se provided; this section not to apply to fines 
 or forfeitures for offences at common law. 
 
 The act of 1874, c. 59, adds the following section to Article 40, P. G. L. : 
 Any person who shall or may hereafter be committed to jail by the judg- 
 ment of any court of justice, or by any justice of the peace of this State, 
 for non-payment of any fine and costs not exceeding the sum of fifty dol- 
 lars, who shall have remained in custody as aforesaid for the space of thirty 
 days; or any person who shall or may hereafter be committed to jail in 
 manner aforesaid, for non-payment of any fine and costs above fifty, and 
 not exceeding one hundred and fifty dollars, who shall have remained in 
 custody aforesaid for the space of sixty days, shall be discharged from 
 further imprisonment on account of said fine and costs ; provided, such 
 person shall prove, to the satisfaction of the court imposing said fine and 
 costs, or any judge thereof, or justice of the peace, as the case may be, that 
 he or she is unable to pay said fine and costs. 
 
 The term " debt" in that clause of the Const., Art. 3, sec. 38, which pro- 
 vided that " no person shall be imprisoned for debt," does not embrace fines 
 or penalties imposed by courts for a breach of the peace or the commission 
 
272 Fines and Forfeituees. 
 
 Article XIX. — Statutes. 
 
 Ibid, sec. 231. 3. All suits in the Criminal Court for fines, penalties 
 When suits in and forfeitures under the ordinances of the city, shall stand 
 
 court to be tried. '' ' 
 
 for trial at the first session of the court to which they are 
 hrought, and in the event of an appeal to the Court of Ap- 
 peals in any such cause, the same shall stand for argument 
 at the term to which the appeal is taken. 
 
 Ibid, sec. a.ia. 4. One-half of all fines adjudged by and accruing in the 
 Fines, to whom Criminal Court of Baltimore, (except those mentioned in the 
 
 payable. . . i • • i 
 
 next succeeeding section oi this article,) 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 
 States' s Attorney for 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 eff"ect 
 upon the rights of informers. 
 
 Ibid, sec. 233. 5. All fiucs imposcd by said court on persons convicted 
 Dispensaries, of keeping houscs of ill fame shall be divided equally be- 
 tween such Dispensaries of said city as shall have had under 
 their charge during the year preceding at least fifteen hun- 
 dred patients. 
 
 of a crime. State v. Mace, 5 Md. 337 ; Day v. The State, 7 Gill, 332 ; Broad- 
 bent V. Tlis State, 7 Md. 249. 
 
 Where a party was indicted under the act of 1817, c. 327, [P. L. L., Art. 2, 
 sec. 115 ; Art. 5, sec. 33 ; Art. 9, sec. 53 ; Art. 16, sec. 79 ; Art. 18, sec. 61,] it 
 was no objection to the judgment, of which the traverser could avail him- 
 self, that it adjudged 'the fine to the State, and did not award the one-half 
 to the informer, as prescribed by the act. Rawlings v. The State, 2 Md. 201, 
 and 1 Md. 127. 
 
 Sec. 21 of Art. 48, of P. G. L., entitled Insolvents, provides that, that 
 article is not to apply to fines and forfeitures for violating the laws of this 
 State, or the ordinances of any municipal corporation, but any person im- 
 prisoned for thirty days, for not paying a fine or forfeiture not exceeding 
 fifty dollars, or ibr sixty days when the fine exceeds fifty dollars, may peti- 
 tion and be released from such fines as if they were common debts. 
 
Fines and Foefeitures. 273 
 
 Article XIX.— Statutes. 
 
 6. No person shall hereafter be allowed to give security ibid, sec. 234. 
 for the payment of any fine and costs imposed by the Crimi- no security to 
 nal Court of Baltimore^, but any person who shall be sen- mem of fines 
 
 , and costs. 
 
 tenced by the court to the payment of any fine and costs Persons to be 
 shall stand committed until they are paid ; provided, that Proviso. 
 if sucli fine and costs are less than ten dollars, the person 
 so sentenced shall be discharged from custody at the end of 
 thirty days from the date of their imposition, if no im- 
 prisonment 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, Proviso, 
 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 
 tlie end of sixty days from and after the expiration of the 
 time for which said person has been ordered to be impris- 
 oned, on proof shown of his inability to pay said fine and 
 costs ; and provided also^ that if the said fine and costs ex- proviso. 
 ceed 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. 
 
 Note.— In City Court, Dec. 10, 1874. SpeUeser v. Mayor, &c., Brown, C. J. 
 When one is arrested and brought before a justice on a warrant for a crimi- 
 nal violation of an ordinance, the justice cannot give judgment against him 
 for the penalty, which should be recovered by action of debt. In this case, 
 Spelleser was arrested on warrant for using altered and condemned scales.con- 
 trary to section 31 of art. XXVIII. When he was brought before the justice, 
 judgment was entered against him for $20 fine, and $1.40 costs, in favor of 
 Mayor, &c. The defendant appealed, judgment was reversed and judgment 
 of n<m pros, entered on the ground that there should have been a proceed- 
 ing by the City in an action of debt, and not an arrest on a warrant for a 
 criminal offence. 
 
274 
 
 Fines and Forfeitures. 
 
 Article XIX. — Ordinances. 
 
 ORDINANCES. 
 
 No 71, s.ii, 1. Any officer of the city shall have full power and au- 
 
 May 18, '64. . , . . to • a.- i' i.U 
 
 City officers to thofity to commencG and institute before a justice oi tne 
 
 commence suit . . . ,, /• , i • i.* j. 
 
 before justices, peace any writ or action in the name ot tliis corporation to 
 recover any penalty or penalties incurred by the violation of 
 any ordinances of this city.* 
 
 Ibid, s. 12. 2. It shall be tlie duty of every officer of the city, who 
 
 Suits. shall cause any suit to be instituted for the recovery of any 
 
 fine, penalty or forfeiture, if there should be a verdict or 
 
 officersreport judgment for the defendant, to make a report thereof to the 
 
 to Mayor. j? ii i 
 
 Mayor in writing, including in the report the names oi all tlie 
 witnesses in the case, and to file a list of the names of the 
 witnesses among the papers in the cause, should an appeal be 
 taken. 
 
 Ibid, s. 14. 
 
 Register to pay 
 costs. 
 
 Ibid, 8. 15. 
 
 Mayor to make 
 compensation. 
 
 Register to pay. 
 
 Statement. 
 
 Ibid, s. 16. 
 
 Mayor to take 
 measure to re- 
 cover money 
 from justices, 
 &c. 
 
 3. The Register is hereby authorized to pay to any officer 
 of the city, any sura of money for costs incurred, and paid by 
 such officer in any suit for a breach of any ordinance, when 
 required by the Mayor. 
 
 4. The Mayor is hereby authorized to make any officer of 
 the city an allowance, by way of compensation, for his trouble 
 in enforcing the ordinances of the city, out of any fines or 
 penalties which may hereafter be recovered and received ; and 
 the Register is hereby directed to pay the said allowance out of 
 the said fines and penalties; and the Mayor shall annually lay 
 before the City Council a statement of the amount so allowed 
 by him to the several officers of the city. 
 
 5. In all cases where money due or payable to the corpo- 
 ration has been or shall be received by a justice of the peace, 
 or other officer, who shall neglect or refuse to pay over such 
 money to the proper officer of the city, the Mayor shall take 
 
 * See Art. XIII, Counselor and Solicitor. 
 
FiNE8 AND Forfeitures. 275 
 
 Article XIX.— Ordinances. 
 
 speedy measures to recover the same, and also make a pre- 
 sentation of such conduct to the grand jury, or to the proper 
 authority under which such officer may hold his appointment. 
 
 6. In all cases of information before any iustice of the no. 7i,s. n, 
 
 .: . 1 . . ,. May 18, '61. 
 
 peace, tor any violation ot any ordinance, where there shall whcu informer 
 1 . J , .. . , . ,. •, '° p*y costs. 
 
 be a judgment ot 7ion pros, or non suit^ the informer, and not 
 
 this corporation, shall be liable for the costs of the prosecution. 
 
 7. No informer shall be entitled to any portion of any fine no. 36, Mar. 24, 
 or penalty imposed by virtue of axxj ordinance of the Mayor informer not 
 
 , _. entitled to any 
 
 and Uity Council of Baltimore. parted iineor 
 
 '' penalty. 
 
 8. Whenever any judgment, which may be rendered by a iMd, s. is. 
 justice of the peace, for any fine or penalty incurred by tlie superseded 
 
 ... , judgments of 
 
 violation ot any ordinance, shall be superseded, it shall be justices. 
 the duty of the justice rendering such judgment to deliver to 
 the officer who served the summons, a copy of such judgment, 
 and the said officer, under the penalty of ten dollars, shall, 
 within six days tliereafter, file said copy with the Register of copies to be 
 the City, who is hereby authorized and directed, when the ter. 
 stay of execution on any such judgment has expired, to have 
 the same collected by execution or otherwise. 
 
 9. The Mayor is authorized and empowered to remit so no. 19, Api. is, 
 much of any fine or penalty as to him shall seem just and when M.iyor 
 
 ■' r •' 11 may remit fines. 
 
 reasonable ; provided, that such power shall not extend to the proviso, 
 costs of prosecution, and the Mayor shall hand over to 
 the Eeirister of the City a list of all such fines remitted by List of cnes re- 
 him, with the names of the person or persons to whom such ister. 
 fines were remitted. 
 
 10. The Mayor is authorized and empowered in all cases _no. 19, Api. le, 
 of actual confinement in jail of any person for a violation of when to pay 
 
 •' J . ., costs and jail 
 
 the city ordinances, to pay all costs of prosecution and jaii charges. 
 charges, in addition to the remission of the fine, in all cases 
 where he may think it right and proper, and the Register is 
 directed to pay the amount out of the city treasury upon the 
 order of the Mayor. 
 
276 
 
 Fire. 
 
 Article XX. 
 
 ARTICLE XX. 
 
 FIRE 
 
 STATUTES. 
 
 FIUE DEPARTMENT. . 
 
 1. Cprporation to establish. 
 
 FIRE INSPECTOR. 
 
 2. Appointment of Fire Inspector. 
 
 3. Duties of Fire Inspector: per- 
 
 sons hindering Inspector: pen- 
 alty. 
 
 4. Investigations into causes of 
 
 fires : attendance of witnesses : 
 proviso : report to State's At- 
 torney. 
 
 5. Enforcement of fire ordinances: 
 
 powers of Inspector. 
 
 6. Neglect to give notice of posses- 
 
 sion of property saved from 
 fire: larceny: perjury. 
 
 7. Proof of ownership of property : 
 
 expenses : justice of the peace 
 to determine. 
 
 8. Deputies of Fire Inspector : pow- 
 
 ers of deputies. 
 
 9. Construction of this act. 
 
 FIRE CRACKERS. 
 
 10. Firing same. 
 
 GUNPOWDER AND COMBUSTIBLES. 
 
 11. Storage of gunpowder. 
 
 12. Storage of naval stores and com- 
 
 bustibles. 
 
 INSPECTION OP OIL FROM 
 PETROLEIM. 
 
 13. Oil or fluids from petroleum. 
 
 14. Mayor and City Council author- 
 
 ized to pass ordinances : fines 
 and penalties. 
 
 ILLUMINATING OII,S. 
 
 15. Fire tost. 
 
 16. Barrels to bear name, &c., of 
 
 manufacturer: warrant. 
 
 17. Penalty. 
 
 18. When purchaser may recover. 
 
 19. Accident from explosion : prose- 
 
 cution of seller. 
 
 20. When inspector to decide as to 
 
 quality of oil,&c. 
 
 21. False report by Inspector : pen- 
 
 alty. 
 
 22. To what not applicable. 
 
 ORDINA NOES 
 
 FIRE DEPARTMENT. 
 1. Fire Commissioners: terms of 
 oflBce: Mayor ex-ofHcio mem- 
 ber. 
 
 2. Maj'or to fill all vacancies. 
 
 3. Powers and duties of Fire Com- 
 
 missioners : Fire Department : 
 suitable rooms : appropriations. 
 
Fire. 
 
 277 
 
 Article XX. 
 
 4. Control at fires : proviso. 
 
 5. Of what the Fire Department 
 
 shall consist : what officers ap- 
 pointed by Fire Commission- 
 ers: removal. 
 
 6. Salaries. 
 
 7. Property. 
 
 8. Alarms : fire alarm telegraph. 
 
 9. Destroying property of fire alarm 
 
 telegrapli : liindering or ob- 
 structing fire company: pen- 
 alty. 
 
 10. False alarm : penalty. 
 
 11. Reward to be oflFered by chief 
 
 engineer. 
 
 13. Keys to engine, alarm box, &c.: 
 penalty. 
 
 13. Uniforms: penalty. 
 
 14 Duties of chief engineer and as- 
 sistants at time of fire. 
 
 15. Chief engineer to command at 
 
 fires : to examine engines. 
 
 16. Returns : to keep rolls. 
 
 17. Assistant engineers to act in ab- 
 
 sence of chief. 
 
 18. City divided into districts. 
 
 19. Rules and regulations: each mem- 
 
 ber to have copy : to post same 
 in office and engine houses. 
 
 20. Standard screw for steam fire 
 
 engines. 
 
 21. All screws to conform to said 
 
 standard. 
 
 22. Fire plugs. 
 
 23. Obstructing fire plugs : penalty. 
 
 24. Lamps. 
 
 CAUK OF MEMBEUS OF DEPARTMKNT. 
 
 25. How long members Fire Depart- 
 
 ment injured or disabled in 
 discharge of duty to receive 
 usual salary. 
 '26. What sum Commissioners of 
 Fire Department, in case of 
 loss of life, to pay to widow, 
 &c. : funeral expenses. 
 
 LIFE INSURANCE OF FOREMEN, 
 FIREMEN AND LADDERMEN. 
 
 27. Fire Commissioners to insure 
 
 lives of foremen, firemen and 
 laddermen of department. 
 
 28. Authorized to apply a portion of 
 
 amount appropriated for acci- 
 dent account to relief of sub- 
 stitutes. 
 
 SALVAGE CORPS. 
 
 29. Right of way to Salvage Corps. 
 
 30. Penalty for interfering with Sal- 
 
 vage Corps in going to or return- 
 mg from fires. 
 
 POLICE AND FIRE ALARM TELE- 
 GRAPH. 
 
 31. Appointment and control of em- 
 
 ployees of fire alarm telegraph. 
 
 32. Superintendent: salary. 
 
 33. Operators: salaries. 
 
 34. Lineman : assistant lineman : 
 
 salaries. 
 
 35. Rules and regulations: proviso. 
 
 36. Charge of instruments, boxes 
 
 and wires : test once a week : 
 books: records of time: report: 
 inspection : security to Mayor. 
 
 37. Duty of operators: security to 
 
 Mayor. 
 
 38. Duty of lineman : security. 
 
 39. Officers at stations. 
 
 40. Scratching, defacing, posting 
 
 placards on telegraph poles: 
 penalty. 
 
 FIRE INSPECTOR. 
 
 41. His duties. 
 
 42. Duty of police: houses to be 
 
 properly secured: owner to be 
 notified : penalty : proviso. 
 
 43. Reward. 
 
 PREVENTION OF FIRES. 
 
 44. Lights in stables regulated. 
 
 45. Penalty for firing squibs, &c. 
 
 46. Sale of squibs, &c., prohibited : 
 
 proviso: penalty. 
 
278 
 
 Fire. 
 
 Article XX. — Statutes. 
 
 47. Penalty for manufacturing 
 
 squibs, &c. 
 
 48. Penalty for keeping ashes in cer- 
 
 tain places. 
 
 49. In what buildings hay and cut 
 
 straw shall be kept : penalty. 
 
 50. When notice to be given : pro- 
 
 viso : when no notice required. 
 
 51. Fires on board ships regulated : 
 
 duty of police. 
 
 GUNPOWDER. 
 
 52. Keeper : his duties : rales of 
 
 storage : proviso : keeper to 
 collect storage : M'hen and how 
 gunpowder may be sold for 
 storage: keeper's books and 
 accounts regulated : monthly 
 reports to Mayor and payments: 
 bond. 
 
 53. Gunpowder brought into the city 
 
 by land or water regulated: 
 proviso : regulations for vessels 
 landing or receiving gunpow- 
 der : penalty for violating reg- 
 ulations. 
 
 54. Gunpowder carried through city 
 
 regulated. 
 
 55. What quantity of gunpowder 
 
 may be kept : proviso. 
 
 56. How to be kept : penalty. 
 
 57. Duties of Mayor and justices of 
 
 the peace. 
 
 58. Owners, &c., of ships : penalty. 
 
 MANUFAOTUKE OF OILS. 
 
 59. Manufacture of what oils regu- 
 
 lated : ten days' notice : pen- 
 alty. 
 
 STORAGE OP OILS, &C. 
 
 60. Storage of what oils unlawful. 
 
 61. How much may be kept for sale. 
 
 62. Distillers of oils, &c. : proviso: 
 
 lire-proof building. 
 
 63. Refined petroleum, &c. 
 
 64. Naptha and beuzone. 
 
 65. Crude rock or earth oil , &c. : 
 
 refined rock, coal oil, &c. 
 
 66. Penalties. 
 
 DYNAMITE, NITRO-GLYCERINE, &C. 
 
 67. No explosive materials or com- 
 
 pounds to be manufactured 
 within limits of city : penalty. 
 
 68. Explosive compounds not to be 
 
 stored or kept in any building 
 or shed, or conveyed through 
 the streets, without permit from 
 Mayor: penalty. 
 
 69. Tin sign to be placed On door of 
 
 building in which explosive 
 material or compound is stored. 
 
 SHAVINGS. 
 
 70. Where shavings to be deposited 
 
 and burnt : penalty. 
 
 STATUTES. 
 FIRE DEPARTMENT. 
 
 P. L. I,., art. 4, 1. TliG Mayor and City Council have power to establish 
 Corporation may and regulate fire wards and fire companies, and to pass or- 
 
 establish fire 
 
 companies, &c. diuanccs for the prevention and extinguishment of fires,* 
 
 * Sees. 237 to 246, inclusive, of P. L. L., Art. 4, related to the Baltimore 
 United Fire Department. The following sections, however, arc here given 
 as still applicable : 
 
Fire. 279 
 
 Article XX.— Statutes. 
 
 FIRE INSPECTOR. 
 
 2. There shall be a Fire Inspector fur the Citj of Balti- p.l. l., art. 4, 
 more commissioned by the Mayor in such manner as may be Appm^niment of 
 prescribed by ordinance. *'*" '"'p*'='°'"- 
 
 237. Any person who shall wilfully destroy or injure any engine, hose, 
 reel, or other aj^paratus whatever for tiie extinguishment of fires, belonging 
 to any company in the city of Baltimore, or to the said city, shall be guilty 
 of felony, and upon conviction thereof, shall be sentenced to confinement in 
 the penitentiary for a period not less than two nor more than five years. 
 
 238. Any person who shall assault, beat, or otherwise intentionally 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 to the payment of a fine of not less than ten nor more than 
 one hundred dollars. 
 
 The Baltimore United J'ire Department was superseded (ordinance No. 5, 
 approved Dec. 10, 185B,) by the paid fire department now in operation. The 
 Baltimore United Fire Department, by virtue of ordinance No. 11, Mar. 29, 
 '65, and Res. No. 115, June 22, '65, transferred as a donation the five per 
 cent. stt)ck of the city to the amount of $12,000, in its name, as a permanent 
 fund for the relief of disabled firemen, their widows and orphans, to the 
 Aged Men's Home, of Baltimore. 1865, c. 57, recites that, the Baltimore 
 United Fire Department, incorporated by the Legislature of Maryland, at 
 December session, 18i33, c. 187, liaving subserved the ends of its organization, 
 and there being no longer any necessity for its service as a fire department, 
 desires to donate and transfer its properties and efi'ects to the benevolent in- 
 stitution known as the Aged Men's Home of Baltimore City, and to dissolve 
 its organization and surrender its charter; and it enacts, 1. That said Balti- 
 more United Fire Department is authorized and empowered, after having 
 cancelled by payment all of its liabilities, to donate to the institution known 
 as the Aged Men's Home of Baltimore City, all of said Baltimore United 
 Fire Department bonds, stocks, or other securities, and all other properties 
 and effects of whatsoever kind, of which it may be the owner, as well as the 
 interest accruing, or that may hereafter accrue on any of its stocks, bonds, 
 and other securities. 2. That the said Baltimore United Fire Department, 
 after having disposed of its properties and effects, as provided in the fore- 
 going section, may dissolve its organization and surrender its charter. 3. 
 That this act shall take effect upon its acceptance by the said Baltimore 
 United Fire Department 
 
 See, as to origin of paid fire department. Res. No. 83, May 31, '58 ; No. 117, 
 June 16, '58 ; No. 75, Mar. 12, '59 ; No. 251, Sept. 26, '59, and p. 285, post. 
 
280 
 
 Fire. 
 
 Article XX.— Statutes. 
 
 1872, c. S.'50, 8. 1. 
 
 Duties "f Fire 
 Inspector. 
 
 Persons hinder- 
 ing Inspector. 
 
 Penalty. 
 
 Ibid, s. 2. 
 
 Investigations 
 into causes of 
 fire. 
 
 Attendance of 
 witnesses. 
 
 Report toStale's 
 Attorney. 
 
 3. It shall be the duty of the Fire Inspector to attend all 
 fires that may occur in the city of Baltimore, with a badge of 
 office conspicuously displayed, upon which his title shall be 
 legibly printed, and he shall take charge of and protect all 
 property of any kind and description during such fires, or 
 which may be imperiled thereby, and safely keej) the same in 
 his possession or under his control, until satisfactory proof of 
 ownership be made thereto ; and shall, as far as practicable, 
 prevent property from being injured at such fires, and regulate 
 and direct, when in his opinion it is necessary or expedient, 
 the removal of goods, merchandise, and other property to a 
 place of safety. Any person or persons who shall wilfully 
 hinder or obstruct said officer in the lawful discharge or per- 
 formance of any of the duties of his office, shall be deemed 
 guilty of a misdemeanor, and, on conviction thereof, shall be 
 punished by imprisonment in the city jail for not more than 
 one month, or by a fine not exceeding five hundred dollars. 
 
 4. It shall be the duty of said Fire Inspector to institute 
 investigations into the causes of such fires as may occur in the 
 citj' of Baltimore, whenever, in his judgment, the occasion 
 demands it, and for the purpose he shall have power to issue 
 suhpcenas and administer oaths, and compel the attendance of 
 witnesses before him by attachment or otherwise; all suhjxjBnas 
 issued by him shall be in such form as he may prescribe, and 
 shall be directed to and served by any constable, police officer. 
 Sheriff or coroner of Baltimore city ; any witness who refuses 
 to attend to testify in obedience to such suhpoena^ shall be 
 deemed guilty of contempt, and be punishable by him as in 
 cases of contempt in civil cases ; provided that said officer shall 
 not have jurisdiction to try any person or persons charged with 
 commission of a crinie, for the purpose of inflicting punishment 
 therefor, but shall make a written report of the testimony to 
 the State's Attorne}', and institute criminal prosecution in all 
 cases where there appears to him to be reasonable and pro- 
 bable causes for believing that a fire has been caused by design. 
 
Fire. 281 
 
 Article XX. — Statutes. 
 
 5. It sliall bo tlie duty of said Fire Ii)spector to aid in the ibw, s. 3 
 enforcement of the fire ordinances of said city, and for this Enforcement of 
 
 ., i.j .. J '. iii'ii file ordinances. 
 
 purpose no is duly authorized to visit and examine all build- 
 ings in the progress of erection or undergoing repairs, and to 
 institute prosecutions for all violations of the ordinances of 
 said city which relate to the erection, alteration, or repairs of 
 buildings and the prevention of fires. He shall exercise such 
 additional ])owers as may be conferred upon him by the ordi- Powereof in- 
 nances of said city to enable him fully to carry out the object 
 of this act, and the prevention of fires. 
 
 6. Any person or persons who save from fires, or from iwd, 3. 4. 
 buildiiiffs endanccred by fire, any property, and who wilfully Neglect to give 
 
 » " J } J I I o - notice of posst s- 
 
 neglect for two days to give notice to the Fire Inspector or to •^^';';j"''P'"°P(^J^y 
 the owner of such property, of his or their ])osse8sion thereof, 
 shall be deemed guilty of grand or petit larceny, as the case Larceny. 
 may be, according to the value of the property, and any per- 
 son who shall be guilty of false swearing in an investigation 
 under this act, shall be deemed guilty of perjury, and upon Perjury. 
 conviction thereof shall be punished as in any other case of 
 perjury. 
 
 7. No person shall be entitled to any property in the hands ibid, sec. 5. 
 of the Fire Inspector saved from the fire until satisfactory P-"f,«J;^;;'""- 
 proof of ownership be made, and until all exi>enses for the eny. 
 preservation and keeping of the same shall be paid to him by Expenses. 
 the owner or claimant of such property, and in case of a dis- J'^>s«ce of uie 
 pute as to the amount of such expenses, said dispute to be mine. 
 determined by a justice of the peace of said city. 
 
 8. The said Fire Inspector is hereby authorized and em- ibid, sec. 6. 
 powered to appoint one or more persons to act as deputies Deputies of^^^ 
 during his absence, or to assist him in discharge of his duties; 
 
 and the said deputies shall have all the authority invested in Powers of 
 the Fire Inspector by this act and the ordinances of the Mayor 
 and City Council of Baltimore, and the said deputies shall act 
 
282 Fire. 
 
 Article XX. — Statutes. 
 
 during the pleasure of the Fire Inspector ; and each deputy 
 shall wear while in discharge of his duty, conspicuously dis- 
 played on his person, such badge or device as the Fire Inspector 
 shall designate. 
 
 Ibid, sec. 7. 9. This act shall not be so construed or understood as to 
 
 Construction of autliorizc the Fire Inspector to interfere with or disregard the 
 
 this act. . , . 
 
 authority now vested in the Board of Fire Commissioners of 
 the City of J3altimore during the time of fire by the ordinances 
 of the city. 
 
 FIRE CRACKERS. 
 
 p. L. L., art. 4, 10. The Mavor and City Council of Baltimore may pass all 
 
 sec. 249. _ ■' •' J I 
 
 Firing same. Bucli ordiiianccs as they may deem necessary and proper to 
 suppress the evil and pernicious practice of firing and discharg- 
 ing crackers within the limits of said city, either by prohibiting 
 the sale of crackers or otherwise. 
 
 GUNPOWDER AND COMBUSTIBLES. 
 
 p. L. I.., art. 4, 11. Tlic Mayor and City Council may erect and provide 
 storage of gun- magazlncs for the storage of gunpowder brought to the city, 
 
 powdor. 
 
 and compel the storage thereof therein, and regulate the price 
 of such storage. 
 
 Ibid, sec. 30. 12. They may prevent the storage of naval stores or other 
 
 storage of combustiblc matter in such quantities or places within the city 
 
 naval stores, 
 
 &c. as may be deemed dangerous. 
 
 INSPECTION OF OIL FROM PETROLEUM. 
 
 1878, c. 120. 13. The Mayor and City Council of Baltimore are hereby 
 
 Inspection of authorlzcd to provide for the inspection of oil or fluids made from 
 from petroleum, petrolcum or its products, used for illuminating purposes, offered 
 
 for sale in the city of Baltimore, and for the appointment of 
 
 inspectors for that purpose. 
 
Fire. 283 
 
 Article XX.— Statutes. 
 
 14. The Mayor and City Council shall have full authority iwd.sec. a. 
 to pass all ordinances necessary to carry into effect the powers Mayor and city 
 granted by the preceding section, and to impose by said ordi- ized't"pass"or-' 
 nances such lines and penalties as they may deem necessary Fines and 
 and proper for the enforcement thereof. penalties. 
 
 ILLUMINATING OILS. 
 
 15. All oils or fluids manufactured from petroleum or its i874,c. 504,8.2. 
 products, used for illuminating purposes in this State, which Kire test, 
 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. 
 
 16. Every person manufacturing or selling illuminating oils ibid, s. 3. 
 
 or fluids, manufactured from petroleum or its products, by the Barrels to bear 
 barrel, shall be required to have stamped upon the head of the manu'ractaVer. 
 barrel the name of the manufacturer thereof and his place of 
 business, together with the words " warranted to stand a fire- Warrant, 
 test of one hundred and ten degrees fahrenheit before it shall 
 burn." 
 
 17. Whoever manufactures for illuminating purposes, oribid,s. 4. 
 sells in quantities not less than 'a barrel, oils or fluids inade-peniiity. 
 from petroleum or its products, which does not sustain the tire- 
 test provided for in section fifteen hereof, 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 penitentiary not more than two years, in the discretion 
 of the court. Whoerer 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 fifteen hereof, shall forfeit said oil, and be fined 
 not less than five nor more than twenty dollars ; said fine to 
 
284 
 
 FlKB. 
 
 Article XX. — Statutes. 
 
 be collected as other fines are now collected, one-half to go to 
 the informer, the other to be paid into the treasury of the 
 State. 
 
 Ibid, 8. 5. 
 
 When pur- 
 chaser may re- 
 cover. 
 
 18. Any purchaser of oils or fluids made of petroleum or 
 its product, for illuminating purposes, bearing the stamp re- 
 quired in section sixteen hereof, and which does not stand 
 the fire-test required in section fifteen hereof, may recover 
 from the seller in an action for debt an amount equal to double 
 the purchase money of said oil. 
 
 Ibid, s. 6. 19. Any accident by reason of explosion, occurring with 
 
 Accident from any oil Or fluid manufactured from petroleum or its products, 
 Prosecution of shall subject tho scllcr thereof to prosecution for a misdemean- 
 or, and upon conviction thereof in a court of competent juris- 
 diction, 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. 
 
 Ibid, s. 7. 20. In case of seizure or confiscation of oils or fluids man- 
 
 w hen Inspector ufacturcd froiii pctrolcum or its products, as provided in section 
 quality of oil, fifteen hcreof, the party or parties who have sold .such oils or 
 
 &c. 
 
 fluids, shall have the privilege of referring the same to some 
 commissioned inspector, recognized by the oil trade of Balti- 
 more, whoso decisions shall be jjrirna facie evidence of the 
 quality of said oil or fluid. 
 
 Ibid, s. 8. 21. If any inspector of oils shall be convicted in a court of 
 
 False report by compoteiit jurisdiction of furnishing a false report of the fire- 
 test of any oil submitted to his inspection, he shall be liable 
 Penalty. to a fine of uot Icss 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. 
 
 Ibid, s. 9. 22. The provisions of this act shall not apply to oils or 
 
 Towhat not ap- fluids manufactured from petroleum or its products, for the 
 
 plicable. _ . „ , , 
 
 purpose oi exportation, or lor use in street lamps. 
 
Fire. 285 
 
 Article XX.— Ordinances. 
 
 ORDINANCES . 
 FIRE DEPARTMENT. 
 
 1. There shall be appointed in the same manner as other no. 7, Feb. 21, 
 
 /v, .,,... /.r-»i. /»j '^S; No. 5, Dec. 
 
 city omeers are appointed, nve citizens 01 isaltunore, 01 good 10. -ss. 
 character, to serve as Fire Commissioners, and who shall be FiieCommis- 
 styled the Fire Commissioners of the City of Baltimore, and 
 said commissioners shall draw for their respective terms of 
 office, say two for the term of four years, and three for the Terms of office. 
 term of two years ; and every second year thereafter in the 
 month of February, there shall be appointed in the same man- 
 ner two or three persons, as the case may be, who shall serve no. 94, April 17, 
 
 for the term of four years.* And the Mayor shall be a mem- Mayor a mem- 
 ber ex-officio of 
 
 ber ex-ojido of the Fire Commissioners. board. 
 
 2. In case of death, resignation, disqualification or removal ibid, s. 2. 
 of, or the neglect or refusal to perform the duties incumbent Mayor to nu 
 upon their office, by any or all of said commissioners, the Mayor 
 
 shall proceed at once to fill such place or places by a new ap- 
 pointment in the usual manner. 
 
 3. Said fire commissioners shall have the appointment of, and ibid, s. 3. 
 entire control over all other employees and property of the fire iwersand 
 
 ' •' 11] duties ot I' ire 
 
 department, in conformity with this ordinance, and are held commissioners. 
 strictly accountable therefor to the Mayor and City Council, F^^re^^ep"''- 
 by whom, upon conviction of dereliction of duty, malfeasance 
 in office, or violation of any of the provisions of this ordinance, 
 they shall be removed from office ; they shall keep a correct 
 record of their proceedings, subject at all times to the inspec- 
 tion of the Mayor and City Council, and shall annually in the 
 month of January, prepare an accurate report of the state of 
 
 *This ordinance of Feb. 21, 1868, No. 7, entitled, An ordinance to provide 
 for the re-organization of the Fire Department of the City of Baltimore, 
 superseded in part, Ords. No. 5, Dec. 10, '58; No. 48, Mar. 30, '59 ; No. 18, 
 Apl. 18, '61; No. 16,Apl. 16, '63; lies. No. 80, May 28, '58 ; No. 229, Sept. 
 15, '59. 
 
286 Fire. 
 
 Article XX. — Ordinances. 
 
 the department; two hundred and fifty copies of which shall 
 be printed for the use of the said Mayor and City Council ; 
 they shall have authority to fit up, and appropriate to the use 
 
 Suitable rooms, of themsclves and the engineers, suitable rooms, centrally 
 located, the necessary expenses of which shall be defrayed out 
 of the funds appropriated for the use of the department, and 
 they shall have authority to draw upon the City Kegister 
 for such sum or sums of money as they may from time to time 
 
 Appropriations, rcquirc, uot excccding the appropriations which may be made 
 for the use of the department. 
 
 Ibid, s. 4. 4. The fire commissioners shall, during the occurrence of 
 
 Control at fires, fires or alarm of fires, have authority for themselves, and the 
 power to delegate to the chief engineer or his assistants, the 
 authority to control all persons and property in the vicinity of 
 Proviso. a fire, during the continuance thereof; provided, that the 
 
 exercise of such authority does not conflict with any law of 
 the United States, or of the State of Maryland. 
 
 Ibid, s. 5. 5. The fire department of the city of Baltimore, shall Con- 
 
 or what the tire sist of five fire commissioners, one chief engineer, two assist- 
 
 deparlinent • i i 
 
 shau consist, aut engineers, one clerk, seven engine companies, each consist- 
 ing of one foreman, one engineman, one assistant engineman, 
 one hostler, and eight firemen, and two hook and ladder com- 
 panies, each consisting of one foreman, one tillerman, one 
 hostler, and ten laddermen, all of whom shall be of good 
 character, and except those especially provided for in section 
 
 What officers fii'st of this Ordinance, shall be appointed by the fire commis- 
 
 appointed by , 
 
 Fire conimis- sioucrs, and shall be entitled to retain their respective positions 
 
 sioners, '■ * 
 
 for such time as they evince willingness and capacity to dis- 
 charge the duties pertaining thereto efficiently, harmoniously 
 with their associates, and satisfactorily to the fire commission- 
 Removal, ers; said employees shall not be subject to removal on account 
 of any political, religious or other sentiments entertained by 
 them, so long as said opinion or sentiment does not interfere 
 
FiRB. 287 
 
 Article XX.— Ordinances. 
 
 with the faithful and effieent discharge of their respective 
 duties as employees of the fire department. 
 
 6. The salary of the chief engineer of the Baltimore City no. 35, Api. s. 
 Fire Department shall be two thousand dollars per annum, saiary of chief 
 
 11 1 1 111- Kiigiricer. 
 
 payable monthly ; and the salaries of the assistant engineers of AssistantEn- 
 shall be each fourteen hundred dollars per annum, payable 
 monthly: the salaries of the foremen of the several engine no.co, May 23, 
 
 •' ' ^ >= '70. 
 
 and hook and ladder companies of the city fire department or Foremen, 
 shall be each five iiundred dollars per annum, payable month- 
 ly ; the salaries of the enginemen in the fire department shall be Enginemen. 
 each eleven hundred dollars per annum, payable monthly : the no. rs, Mayas, 
 salaries of the assistant enginemen, the tillermen and hostlers ■"'''^''• 
 of the city fire department shall be each nine hundred dollars Assistant En- 
 
 " * ginemen,TiHer- 
 
 per annum, payable monthly, and the salaries of extramen shall Extramen'*"' 
 be each four hundred dollars per annum, payable monthly. 
 
 7. The property of each engine company shall consist of no. J. s. 7, Feb. 
 not less than one steam fire engine, one hose carriage, one Property. 
 thousand feet of hose, and four horses, together with all the 
 
 minor accessories for effeetual service; and the property of 
 each hook and ladder company shall consist of not less than 
 one ladder truck, with all necessary ladders and implement.s, 
 and three horses.* 
 
 * By ordinance No. 50, July 9, 'C9, the fire department was increased by 
 addition of one company to be located west of Pacaand north of Baltimore 
 street, to consist of one foreman, one engineman, one assistant engineman, 
 one hostler and eight firemen ; the property of said company to consist of 
 same number of engines, &c., as provided in section 7, above, to be purchas- 
 ed by fire commissioners; and by ordinance No. 103, November 7, 1870, it 
 was increased by the addition of two engine companies, one for the nortli- 
 western, and the other for the southwestern section of the city, and one 
 hook and ladder company ; each of the engine companies to consist of one 
 foremen, one engineman, one hostler, and eight firemen ; and the hook and 
 ladder company to consist of one foreman, one tillerman, one hostler, and 
 ten laddermen ; eacli of said engine companies to consist of same number 
 of engines, &c., as is provided in section 7, and each of said hook and ladder 
 companies to consist of same truck, &c., as is provided in said section. 
 
288 
 
 Fire. 
 
 Article XX. — Ordinances. 
 
 Ibid, s. 8. 8. It shall be tlie duty of the members of the police de- 
 
 Aiarms. partmcnt, in the district in which tlie fire may occur, to com- 
 
 municate the fact to the central station, by means of the signal 
 box in the district in which the fire may be, in accordance 
 with the rules and regulations governing the signal boxes, 
 and the number of the signal box from which the alarm pro- 
 Fire alarm tele- cccded ; and wlicn a police ofiicer has an alarm bell in his dis- 
 
 graph. 
 
 trict, it shall be his duty to ring the same by striking the loca- 
 tion as indicated by the fire alarm telegraph. 
 
 9. Should any person or persons injure, deface, or in any 
 manner destroy, any fire apparatus or property of the fire alara 
 telegraph, or should any person or persons hinder or obstruct 
 any city fire company, or hook and ladder company, or any 
 member thereof, from freely passing along the streets of the 
 city to or from a fire, or in an}' manner hinder or prevent any 
 of the said fire companies, or any member of the same from 
 operating at any fire, or prevent a person properly authorized 
 from using the signal boxes of the police and fire alarm tele- 
 graph, each and every person or persons so hindering, obstruct- 
 ing, or preventing, shall be fined not less than twenty dollars 
 nor more than fifty dollars, to be recovered as other city fines 
 are recoverable. 
 
 Ibid, 8. 10; No. 10. ShouM anv person or persons knowincjly crive, or cause 
 
 34, May 5, '6H; _ -^ ' '■ & ./ to ' 
 
 No. la, Api. IS, to be given, any false alarm of fire by means of the telegraph 
 
 Ibid, s. 9; No. 
 94, s. 8, June 24, 
 '59; No. 19,3.8, 
 Apl. 17, '63. 
 De.stroyiiig pro- 
 perty of Fire 
 Alarm Tele- 
 graph. 
 
 Hindering or 
 ob.strurting fire 
 company. 
 
 Penalty. 
 
 '61. 
 
 False alarm 
 
 Penalty. 
 
 boxes connected with the fire alarm telegraph, he, she or they, 
 shall be subject to a fine of not less than three hundred dollars, 
 nor more than five hundred dollars, to be recovered as other 
 fines are recoverable. 
 
 By resolutions No. 388, July 8, '73, and No. 38, February 11, 74, a new 
 company, &c., was formed in south Baltimore, and one for the northwestern 
 section, and also one at Canton. 
 
 By resolution No. 135, April 31, '77, a new lionk and ladder company in 
 the northwestern section of tiie city was authorized, located at corner of 
 Fremont street and Myrtle avenue. 
 
FiBE. 289 
 
 Article XX.— Ordinances. 
 
 11. Authority fs hereby given to the chief engineer of the iwd, s. U; No. 
 
 n J , i-i^i. ,• 1.,, .. 18, Apl. 18, '61. 
 
 lire department, m his discretion, and with the approbation Reward to be of- 
 of the Mayor, to offer a reward of one hundred dollars or less Engineer. 
 for the apprehension and conviction of any person or persons 
 who shall knowingly give, or cause to be given, any false alarm 
 of fire by means of telegraph boxes connected with the Fire 
 Alarm Telegraph. 
 
 12. Should any person or person unauthorized have in his, ibid,s. 12, no. 
 
 . . 15, Apl. 18, '62. 
 
 iier, or their possession, or make, or cause to be made, any key or Keys to engine, 
 
 , alarm box, &c. 
 
 keys of any fire engine or truck house, or fire alarm telegraph 
 box, or use, or cause to be used, the same, except the Mayor, 
 fire commissioners and chief engineer, without the consent 
 of the proper authority, he, she or they shall be subject to a 
 fine of not less than one hundred dollars, and not more than Penalty, 
 two hundred dollars; to be recovered as other fines are 
 recoverable. 
 
 13. Should any person or persons not a member of the City ibid. 
 Fire Department use the uniform determined upon by the fire uniforms. 
 commissioners, or any part thereof, without their permission, 
 
 such person or j^ersons shall each be fined not less than five penait-. 
 dollars, nor more than twenty dollars, for each and every of- 
 fence, to be recovered as other city tines are recoverable. 
 
 14. It shall be the duty of the chief engineer, and his as- no.5,s.i2,dpc. 
 sistauts, whenever a fire shall break out in the city, to immedi- Duties or chief 
 
 ' Engineer and 
 
 ately repair to the place of such fire, and to take proper A^^^^unu at 
 measures that the several engines and other apparatus be ar- 
 ranged in the most advantageous situations. 
 
 15. The chief engineer shall, under the fire commissioners. No. le, s. 1, Api. 
 have command at fires, over all other officers, and all other chiefEngmeer 
 persons who may be present at fires, and shall take all proper 
 measures for the extinguishment of fires, and for the protection 
 of property, preservation of order, and observance of laws of 
 the State, ordinances of the city, and regulations of the fire 
 
 to comr 
 fires. 
 
290 Fire. 
 
 Article XX. — Ordinances. 
 
 commissioners respecting fires; and it shall be the duty of said 
 To examine en- engineer to examine into the condition of the engines and all 
 
 gines. ~ ^ 
 
 other fire apparatus, and of the engine and other houses be- 
 longing to the city, used for the purposes of the fire depart- 
 ment, and the companies attached, as often as circunistances 
 may render it expedient, or whenever directed to do so by the 
 fire commissioners, and whenever the engines or other fire 
 apparatus, engine or other houses used by tlie fire dej)artment 
 require alteration, additions or repairs, the chief engineer shall 
 report the same to the fire commissioners, and on their order, 
 such alterations, additions or repairs shall be made. 
 
 Ibid, s. 1. 16. It shall be, moreover, the duty of the said chief engi- 
 
 Retunis. nccr to rccelve and transmit to the said fire commissioners, for 
 
 the use of the Council, all the returns of the officers, members 
 and fire apparatus, made by the respective companies, and all 
 other communications relating to the affairs of the fire depart- 
 To keeproUs mcnt ; to keep fair and exact rolls of the respective companies, 
 specifying the time of admission and discharge, and age of each 
 member, which he shall report in writing to said fire commis- 
 sioners, who shall safely file such reports. 
 
 No. 5, s. 14, Dec. 17, In casc of the absence of the chief eiiiirineer the assist- 
 
 10, '58. _ ... 
 
 Assistant Kngi- ant engineer in whose district the fire may occur, shall exercise 
 
 neers to act in 
 
 absence of chief, the dutics of his officc with the full power of the chief engineer. 
 
 Ibid, s. 15. 18. The city shall be divided into two fire districts, the first 
 
 citydivided in- comprising all that part of the city lying west of Calvert 
 
 to districts. ii>ni /^i-i' 
 
 street, the second district all that part of the city lying east of 
 the same. 
 
 Ibid, s. 16. 19. The fire commissioners shall prepare rules and regula- 
 
 Ruiesand itgu- tions for the government of the fire companies and the mem- 
 
 lations. '^ _ ^ ' _ 
 
 Each member to bors thcrcof, and fumish each member of the fire department 
 
 have a copy. i i • i i 
 
 To post same in with a copy of Said rules, and have said rules posted con- 
 
 ofUce and engine 
 
 houses. spicuously in the office of the department, and in and about 
 
 the several engine houses belonging to the department. 
 
Fire. 291 
 
 Article XX. — Ordinances. 
 
 20. The standard screw of the suction tubes of the steam No. sr, Mar. 23, 
 
 '59. 
 fire engine, and the large openings in the steam fire plugs, shall standard screw 
 
 1 f» I 1 1 " • 1 • 1 • -in 1 ^""^ steam fire en- 
 
 be five and one-halt inches in diameter, with five threads to gines. 
 the inch, and the standard screw for the hose shall be three 
 inches in diameter, with seven threads to the inch. 
 
 21. The water engineer is hereby directed to cause the iwd. 
 screws of all fire plugs hereafter inserted by him to conform to ah screws to 
 
 conform to said 
 
 the above section of this ordinance. standard. 
 
 22. The chief engineer of the fire department, or his as- No. 48, s.s, Mar. 
 
 '^ 30, '89. 
 
 sistants, shall have the use and control of any and all fire Fire piuga. 
 plugs belonging to the city of Baltimore on the occurrence of 
 fires. 
 
 23. Any person or persons who shall place, or cause to be No. er, oct. la, 
 placed, around or near any of the fire plugs of the city, any obstructing are 
 
 r ' , I plugs. 
 
 goods, structure or other thing, in such a manner as to obstruct 
 the free access to any of said plugs, shall be subject to a fine 
 of twenty dollars, and a further fine of ten dollars for each penalty. 
 and every day that such obstruction may continue, to be re- 
 covered as other tines and penalties are recovered, 
 
 24. The superintendents of lamps are hereby directed toRes.No.m8, 
 have the lamps lighted in front of the different engine and Lamps. 
 hook and ladder houses every night during the year. 
 
 CARE OF MEMBERS OF DEPARTMENT. 
 
 25. Any member of the fire department of the city of Bal- No. 35, Mar. 24. 
 more, receiving injury or becoming disabled, while in the dis- how ion|mem. 
 charge of his duties, so as to prevent him from following his p-.menti„ja_red 
 daily occupation or attending to his duties as a member of said di-^-s^.^'/'^- 
 department, such member shall, for the space of twelve months, — i-'"y- 
 provided his disability shall last that time, receive his usual 
 
 salary. 
 
292 Fire. 
 
 Article XX. — Ordinances. 
 
 Ibid, s. 2. 26. If any member of said lire department shall lose his 
 
 What sum Com- life whilc in the discharge of his duties, it shall be the duty of 
 
 missioiiers of 
 
 Fire Department the commissioners of the lire departuient (as soon as may be 
 
 in case of loss of j \ ./ 
 
 widow^&V° convenient after such death) to cause to bo paid to the wife or 
 family, including father and mother, dependiiiu; on the deceas- 
 ed member, the sum of five hundred dollars ; and if said mem- 
 ber shall leave neither wife or children, father or mother, sur- 
 viving him, then said commisioners shall, and they are hereby 
 
 Funeral expen- authorizcd to, defray the proper funeral expenses of said meu)- 
 
 ses. 
 
 ber, the same to be taken out of the appropriation for the fire 
 department for the current year.* 
 
 LIFE INSURANCE OF FOREMAN, FIREMEN AND LADDERMEN. 
 No. 140, s. 1, 27. The Board of Fire Commissioners are hereby authorized 
 
 July 30, '75. r. 1 . 11 
 
 FireCommis- to cffbct an iusurancc on the lives of the foreman, firemen and 
 
 siontrs to insure ,,, r t -i i- c ' ' n 
 
 lives of foreman, laddermeu 01 the department, so that in case oi injury at tires, 
 
 firemen and lad- 
 
 dcrmeji^of De-; or alarms of fires, while engaged in the performance of their 
 duties, they shall receive from the insurance comi)any the sum 
 of five dollars per week during the continuance of such disa- 
 bility as may prevent them from following their usualbusinese, 
 and in case of death resulting from any accident to them whilst 
 engaged in the discharge of their duties, the sum of five hun- 
 dred dollars shall be paid by said insurance company to the 
 wife of such foreman, fireman or ladderman, if she be living, 
 or in case there be no wife living, then to his children, or if 
 there be no wife or children living, then to their father or 
 mother, or other members of their family depending on him 
 for support, or if there be no one dependent upon him for sup- 
 port, then the amount shall be paid to the fire commissioners 
 for the benefit of the fire department, and the sum of fifteen 
 dollars shall be applied by the said board of fire commission- 
 ers out of the appropriation to their department for such insur- 
 
 *For ordinance for protection of lives of tiremcu from hoist way s, seo 
 p. 122, ante. 
 
Fire. 293 
 
 Article XX. — Ordinances. 
 
 ance on the life of eacli member above mentioned of the fire 
 department. 
 
 28. The Board of Fire Commissioners are hereby authorized ibid, b. s. 
 
 to ai)ply to the relief of the substitutes of the fire department, Authorized to 
 
 1 r -J * apply a portion 
 
 who may be injured in the performance of their duties in con- pJ^opHa'ted ?or 
 nection with the department, such portion of the amount J^'^^'',*^','*';.''";^',;! 
 annually appropriated for the accident account of the fire ^ ' " ®^- 
 department as the board may deem proper and just. 
 
 SALVAGE CORPS. 
 
 29. The apparatus and wagons of the Baltimore City Sal- J^^JJ"',!^^- 
 vage Corps shall be entitled to the right of way upon the flf^^^^''J^r'„^y^^'' 
 streets, lanes and alleys in the city of Baltimore in going to 
 
 and returning from fires, and shall enjoy the same privileges in 
 going to and returning from fires as are now enjoyed by the 
 Baltimore City Fire Department. 
 
 30. Any person or persons interfering with or hindering iwd, s. 2. 
 the apparatus and wagons of said salvage corps in passing ^^^'^^ 
 along any of the streets, lanes or highways in the city, in go- ^"^^s^^l^l^^.^g 
 ing to and returning from fires, shall upon conviction thereof f°o°j^ A^'re'/"'"^ 
 ]my a fine of fifty dollars, to be recovered as other fines are 
 recovered.* 
 
 egraph. 
 
 POLICE AND FIRE ALARM TELEGRAPH.f 
 31. The Fire Commissioners of the City of Baltimore shall No-iv^-LMar 
 have the appointment of, and entire control over, all the employ- Appoi"„\'J'„^j^^^^^ 
 ees and property of the Police and Fire Alarm Telegraph, in con- |,\",pil>i:,^^'?fei 
 
 *By resolution No. G, Dec. 13, '77, the Superintendent of the Police and 
 Fire Alarm Telegraph was directed to connect the lines of said telegraph 
 with the head quarters of the Salvage Corps, so that all alarms of fire shall 
 be struck at their headquarters. 
 
 t See, for origin of Police and Fire Alarm Telegraph, Res. No. 11, Dec. 7, 
 '58 ; No. 123, July 6, '58. 
 
 The alarm telegraph was first established 1)y Ord. No. 94, June 24, '59, 
 entitled An ordinance to provide for the care and management of the Pohce 
 
294 
 
 Fire. 
 
 Article XX. — Ordinances. 
 
 Duties. 
 
 formity with this ordinance, and under such other rules and 
 regulations as they inay adopt. 
 
 Ibid, s. 9; No. 32. There shall be appointed by the said fire cominission- 
 
 104, June 19, '71. ^ ^ _ *' 
 
 Superintendent, ors annually, Or at such other time or times as they may de- 
 termine, one person, who shall be a practical telegrapher and 
 skilled electrician, to be called the Superintendent of the 
 Police and Fire Alarm Telegraph, whose duties shall be to 
 give a general superintendence of the Police and Fire Alarm 
 Telegraph ; to examine all the stations from time to time, and 
 as often as may be necessary, and see that everything is in 
 good working order ; and perforin such other duties as may be 
 pi-escribed by said fire commissioners; and who shall receive 
 a salary of fifteen hundred dollars per annum, payably monthly 
 
 33. There shall also be appointed by the said fire com- 
 missioners, in the same manner as the superintendent is ap- 
 pointed, four other persons, who shall be practical telegraphei-s, 
 whose duty it shall be to operate the machinery of tiie Police 
 and Fire Alarm Telegraph, under the direction of the said 
 superintendent; and each of whom shall receive a salary of 
 twelve hundred dollars per annum, payable monthly. 
 
 Salary. 
 
 No 18, s. 3, Mar. 
 a9, '77. 
 Operators. 
 
 Salaries. 
 
 Ibid, 8. 4 ; No. 
 29, Apl. 3, '7-->. 
 Lineman. 
 
 34. There shall also be appointed in the same manner by 
 the said fire commissioners, one competent person, to be called 
 a lineman ; and also, one other competent person, to be called 
 
 and Fire Alarm Telegraph, and for the protection ol" the same, superseded 
 -by Ord. No. 19, April 17, '63. 
 
 By ordinance No. 133, November 9, 1874, the Superintendent of Police 
 and Fire Alarm Telegraph was authorized and directed to extend his tele- 
 graphic connection from the nearest telegraphic terminus, to the Marine 
 Hospital, and the Police and Fire Alarm Telegraph Department was author- 
 ized to make rules and a tariff of prices, for the use by citizens of the line. 
 
 By ordinance No. 163, Nov. 1, 1876, the Superintendent of the Police and 
 Fire Alarm Telegraph, with the approbation of the Mayor, Comptroller and 
 Register, was authorized and empowered to re(!onstruct the Police and Fire 
 Alarm Telegraph, according to the most improved system in use, and to 
 purchase all necessary machinery and apparatus for its proper equipment. 
 
Fire. 295 
 
 Article XX. — Ordinances. 
 
 an assistant lineman, whose duties shall be the care and repair Assistant Line- 
 man. 
 of the lines and batteries of the Police and Fire Alarm Tele- Duties. 
 
 graph, under the direction of the said superintendent; and 
 the salary of the lineman shall be twelve hundred dollars per saUries. 
 annum, payable monthly; and the salary of the assistant line- 
 man shall be nine hundred dollars per annum, payable 
 monthly. 
 
 35. The said fire commissioners are hereby authorized no. is, s. 5, Mar, 
 
 J . 29, '77. 
 
 and empowered to make and adopt all rules and regulations Rules and regu- 
 
 ^ lations 
 
 that they may deem necessary for the proper control and gov- 
 ernment of the said Police and Fire Alarm Telegraph ; pro- pmviso 
 vided that such rules shall not conflict with any law of the 
 United States or the State of Maryland. 
 
 36. The superintendent of the Police and Fire A^^^™ No^^i^V,!-!, 
 Telegraph shall have the general superintendence of the same, Res. no^^i«, 
 under the direction of the fire commissioners ; he shall have superintendent. 
 chartre of all the instruments, alana boxes and wires; see charge «f in- 
 
 » 1 • 1 strunieiits, box- 
 
 that they are at all limes in good order, and promptly repaired, es and wires. 
 when reported out of order; it shall be his further duty to 
 test all the instruments and alarm boxes at least once a week ; Te|t^""'-«» 
 see that the operators and the lineman and his assistant prompt- 
 ly perform their duty as hereinafter provided ; he shall keep Bonks. 
 such books as may be necessary, in which shall be recorded all 
 such matters as may be necessary for a full understanding of 
 the operations of the telegraph, and a book in which he shall 
 record all instruments, alarm boxes or wires reported out of Record of time. 
 order, with the date and a record of the time the same was 
 repaired, and shall annually, on the first day of January, make Report, 
 a report of the operations of his oflice to the fire commission- 
 ers. All books and papers connected with the office shall at all inspection. 
 times be open to the inspection of the Mayor and City Council. Bond. 
 He shall enter into good and sufficient security to the Mayor 
 and City Council, in the sum of two thousand dollars, for the 
 good and faithful performance of the duties of his office. 
 
296 
 
 Fire. 
 
 Article XX. — Ordinances. 
 
 Ibid, s. 3. 
 
 Duty of opera- 
 tors. 
 
 Bond. 
 
 Ibid, s. 4. 
 
 Duly of line- 
 man and assis- 
 tant lineman. 
 
 Bond. 
 
 Ibid, s. C. 
 
 Officers at sta- 
 tions. 
 
 37. The operators shall attend at the central police and 
 fire alarm station, at least two of whom shall be on duty at all 
 hours, day and night ; they shall promptly reply to all mes- 
 Bages from any of the police stations, and should a message be 
 received from any of the city'departments, they shall cause 
 the same to be promptly delivered ; it shall be their further 
 duty, immediately on the receipt of an alarm of fire, to trans- 
 mit the same over the wires, and do and perform all such 
 duties appertaining to their ofiice as may be required of them 
 by the superintendent ; they shall each of them enter into 
 good and sufficient security to the Mayor and City Council, in 
 the sum of eight hundred dollars, for the good and faithful 
 performance of the duties of their office. 
 
 38. It shall be the duty of the lineman and assistant lineman 
 to attend personally at the central office of the Police and Fire 
 Alarm Telegraph station ; > they shall take charge of the lines 
 and batteries of the Police and Fire Alarm Telegraph, keeping 
 the same at all times in good working order; do all the repair- 
 ing to the same, and attend to the repairs of all the lines, keep- 
 ing them in perfect working order and free from obstructions, 
 and do and perform all such other duties appertaining to tlieir 
 office as may be required of them by the superintendent; tliey 
 shall each of them enter into good and sufficient security to the 
 Mayor and City Council, in the sum of eight hundred dollars, 
 for the good and faithful performance of the duties of their office. 
 
 39. The batteries at the other station houses shall be in 
 charge of and operated by the officers in charge of the stations; 
 all, however, under the control and direction of the superin- 
 tendent.* 
 
 . * The alarm telegraph boxes, &c., were'provided for by Ord. No. 108, Sept. 
 15, '59, and Res. 2Sfo. 155, Apl. 28, '60. 
 
 By Res. No. 145, Oct. 2, '62, the police commissioners were requested to 
 have tlie clocks at the several police stations regulated by the clock at the 
 telegraph office, and to instruct the police to set their watches each day by 
 
FiKE. 297 
 
 Article XX. — Ordinances. 
 
 40. Any person or persons who shall scratch, stencil or nq. s-2, oct. lo, 
 post placards or bills on any of the poles of the Police and scratching, de- 
 
 * ^ facing, posting 
 
 Fire Alarm Telesrraph, or in any other manner deface the same, pia<^aiiis. &<■•, 
 
 ~ ' ' -' 'on telegraph 
 
 shall be subject to a fine of not less than one dollar, or more i"*'*^^- 
 than twenty-five dollars; to be collected as other fines are Penalty, 
 collected for violation of city ordinances. 
 
 FIRE INSPECTOR. 
 
 41. The Mayor, at his discretion, may commission as Fire no. 3o, «. 9, r. 
 Inspector, such person as may be named and appointed by Appointed. 
 the Fire Insurance Companies of the City of Baltimore, or a 
 majority thereof— such inspector to be paid by said companies.- 
 
 And it shall be the duty of said inspector to examine into, re- His duties. 
 port upon, and keep a record of all fires occurring in said city, 
 and the origin thereof, and a brief description of the premises 
 wherein the fire may have originated, whether of brick or 
 frame, and how occupied, whether as dwelling, store, workshop, 
 or otherwise, of all which a report shall be made to the Mayor 
 on the first of each month ; and he is further authorized to 
 examine all buildings hereafter to be erected or altered in said 
 city, as to whether the same are built, erected or altered in 
 conformity to the ordinances of said city, and any person or 
 persons interfering with (for the purpose of preventing) said 
 inspector in the discharge of his duties, as herein mentioned, 
 shall be liable to a fine of not less than five nor more than 
 twenty dollars ; provided, that the city authorities shall not, Proviso. 
 
 the clock at the police station to which they may be attached, before going 
 on duty, and that they hereafter promptly repair to the telegraph box on 
 their several "beats" at 13 o'clock, noon, and if the bell in the box does not 
 ring, that they be required to report the fact immediately in their respective 
 police stations, and the officer in charge shall forthwith communicate the 
 fact to the central office; and further, the police commissioaiers are request- 
 ed to require the police, in case a fire should occur on the "beat" assigned 
 them, and the nearest telegraph box fail to give the necessary alarm, to im- 
 mediately repair to the next nearest box, and if tliat should also be out of 
 order, to visit the boxes next in location until the alarm is given. 
 
298 Fire. 
 
 Article XX. — Ordinances. 
 
 in any manner, be liable for the payment of the salary of said 
 inspector, nor for any of the expenses incidental to such office; 
 and that the Mayor may revoke and annul the said commission 
 at such time or times as he may deem proper. 
 
 No. 20, Api.as, 42. It shall be the duty of the police, whenever they shall 
 Duty of police. Icam Or kuow, or have cause to believe, that any unoccupied 
 Houses to be ' housc, or houscs, are not properly secured, to inform the Fire 
 
 propprlv ^6- 
 
 cuied. Inspector, who shall immediately visit the premises, and notify 
 
 To be notified, the owncrs, agent or agents, by a written or printed notice de- 
 livered at their residence or place of business, of the condition 
 of such unoccupied house or houses, to have it or them pro- 
 perly secured, so as to prevent evil disposed persons from gain- 
 ing access, and in case of such owner or owners, agent or 
 agents neglecting or refusing to have the same properly secured 
 within twenty-four hours after notice, he, she or they shall 
 
 Penalty. incur a penalty of one dollar for each refusal or neglect, and 
 
 two dollars per day for each day he, she or they may refuse 
 or neglect, until such notice is complied with, to be recovered 
 
 Proviso. as other fines and forfeitures are recoverable ; provided, 
 
 that this ordinance shall not be construed to apply to houses 
 in the course of construction. 
 
 No. ao7, May 30, 43. The Firc Inspcctor is hereby authorized and empowered 
 
 Keward. to offcr a rcward of five luindred dollars for the arrest and 
 
 conviction of any party or parties who have been guilty of 
 
 setting fire to any house or tenement in the city — the money 
 
 to be expended and paid under the directtion of the Mayor. 
 
 PREVENTION OF FIRES. 
 
 No. 33, s. 44, R. 44. No pcrson or persons shall carry a lighted candle or 
 Lights in sta- lamp into any stable, or make use of it there, unless the same 
 
 bles regulated. . ,, i • • i i i , i i^ 
 
 18 well secured m a tin, horn, or glass lantern, under a penalty 
 of five dollars. 
 
Fire. 299 
 
 Article XX.— Ordinances. 
 
 45. No person shall east, throw or fire any squib, rocket, ibid, s.. 15. 
 cracker, torpedo, granade, or other combustible fire works or Penalty for flr- 
 explosive preparation, within tlie city; and every person, for 
 
 every such offence, shall forfeit and pay a sum not exceeding 
 five dollars. 
 
 46. It shall not be lawful for any person or persons to sell, ibia, ». 4g. 
 or offer for sale, witliin the limits of the city, any crackers, saie or squibs. 
 
 ., , , 1 •! 1 r» 1 .11 &c , prohibited. 
 
 squibs, rockets or otlier combustible fireworks; provided. Proviso, 
 however, that this section shall not apply to the sale of any 
 such arti(!le when sold in the original package as imported, 
 and every offender against any of the ])rovisions of this sec- Penalty. 
 tion shall pay for each and every offence two dollars. 
 
 47. It shall not be lawful for any person or persons toibid, s. 47. 
 manufacture, within the limits of the city, any crackers. Penalty lor 
 
 m,inulacturing 
 
 squibs, rockets, or any other combustible fireworks, and every squibs, &l-. 
 offender against the provisions of this section shall forfeit and 
 pay the sum of twenty dollars for each and every offence. 
 
 48. No person shall keep ashes in any barrel, box or other rbia,.s ss. 
 wooden vessel, or on any wooden floor in any building, under penalty lor 
 
 ■^ keeiiing ashes in 
 
 a penalty of five dollars for each offence. certain piares. 
 
 49. Hay and cut straw may be kept on the premises of any no. -m, Api. 2.% 
 
 person or persons, provided, and on condition, that the build- Hay. 
 
 ing in which the hay and straw shall bo kept shall be con- in w'ai, buiid- 
 
 " . *' •11 "'^^ ''"y '*"^ 
 
 structed of brick or stone, with walls not less than eight and .straw shaii be 
 
 ' kept. 
 
 a-half inches thick, and if the building be of but one story, 
 the roof shall be covered with gravel, slate or metal, and the 
 doors and windows shall be covered on the outside with sheet 
 iron ; and for any violation of this section the person or per- 
 sons so offending shall forfeit and pay ten dollars, to be recov- penalty. 
 ered as other city fines are recoverable. 
 
 59. Parties shall not be liable for the fines and penalties im- no. 35, May a, 
 posed by the preceding sections 44, 48 and 49, unless reasonable when^notice to 
 notice has been given to the said party or parties so offending, 
 
300 Fire. 
 
 Article XX. — Ordinances. 
 
 and the necessary time has been allowed for a compliance with 
 Proviso. the requirements of said sections; provided, however, that the 
 
 provisions of this section shall not be applicable to a party 
 When no notice or parties who may commit the same offence a second time, 
 
 required. '■ '' 
 
 or fail to comply with the requirements of said sections, after 
 the notice aforesaid has been given, or when the offence was 
 knowingly or wilfully committed. 
 
 No. 23, s. 13, R. 51. No person in charge of any ship or vessel shall permit 
 Fires on board auv flrc to be kept OH tlic dcck thereof while lyine: at any 
 
 ships regulated. '' \ ^ ./ & ./ 
 
 wharf or dock within the city, between the hours of ten 
 o'clock at night and five o'clock in the morning, from the first 
 day of April to the first day of October, and between the 
 honrs of nine o'clock at night and six o'clock in the morning, 
 from the first day of October to the first day of April ; and it 
 Duty of police, shall be the duty of the police officers to visit the bay craft 
 within their respective districts, and give information of this 
 regulation to some person on board. 
 
 GUNPOWDER. 
 No. .\3. i,R. o. 52. There shall be annually appointed, as other city officers 
 
 No. 47, s. 1, R. _ . VV 1 -J 
 
 "■ arc, a superintendent or keeper of gunpowder, who shall re- 
 
 Keeper, ceive a salary of four hundred dollars a year, and who shall 
 
 His duties. attend at the public magazine intended for the storage of 
 gunpowder within the city of Baltimore, every day (Sundays 
 excepted,) from the hour of nine o'clock in the morning until 
 four o'clock in the afternoon, and shall receive and store within 
 said magazine, all gunpowder delivered there for that pur- 
 pose, and shall give a receipt for the same, mentioning the 
 marks thereof; he shall be entitled to the following storage 
 Rates of storage, for all guupowdcr thus reccivcd by him, to wit: for every bar- 
 rel or quantity of one hundred pounds weight, in whatsoever 
 description of vessel contained, twelve cents ; for every half 
 barrel, or quantity of fifty pounds weight, in whatsoever ves- 
 sel contained, ten cents ; and for every quarter barrel or 
 
Fire. 30I 
 
 Article XX.— Ordinances. 
 
 twenty-five pounds weight, in whatsoever, vessel contained, 
 eight cents per month, and in like proportion for any inter- 
 mediate or less quantities, or any sliorter time; provided, Proviso, 
 nevertheless, that all gunpowder thus stored in quantities of 
 less than one hundred quarter barrels, shall be charged at 
 least one month's storage, at the above rates, whether it shall 
 actually have been stored so long or not. And the said super- Keeper to coi- 
 
 j 1 11 n 1 1 lect storage. 
 
 intendent shall collect the storage thus authorized to be 
 charged from the person storing the gunpowder as aforesaid, 
 or the owner thereof, every three months; and in case any when ami how 
 
 J 1 1 1 11 • Kunpowdcr may 
 
 gunpowder thus stored shall remain twelve months or upwards ^o sold for sto- 
 
 rnge. 
 
 in said magazine, without said storage having been paid 
 thereon, the said superintendent, with the approbation of the 
 Mayor, shall, after public notice for tliat purpose, cause the 
 same to be sold at auction, or so much thereof as may be suf- Keeper's books 
 
 c • !• 1 1 11 mi • 1 and accounts re- 
 
 ncient to discharge the storage due thereon. Ihe said super- guuted. 
 
 intendent shall enter, in a book or books which shall be the 
 
 property of the Mayor and City Council of Baltimore, and 
 
 which it is hereby made the duty of the Register to furnish 
 
 him, all gunpowder stored as aforesaid in said magazine, and 
 
 by whom stored ; and shall, on receiving it, credit the person 
 
 storing the same, with the quantity thereof, and shall charge 
 
 the same, or any portion thereof, as it may be removed from 
 
 said magazine; and shall in like manner, note all transfers of 
 
 said gunpowder of which he may be apprised, in the book or 
 
 books aforesaid; and he shall make returns once in every Monthly returns 
 
 ' 1 1 '" "'^ Mayor 
 
 three months, on oath, to the Mayor, of all gunpowder thus and payments. 
 stored in said magazine, and of his receipts of money for such 
 storage, and pay over the same to the Register; he shall also 
 cause all the powder stored in said magazine to be turned up- 
 side down at least once in every month. The said superin- 
 tendent or keeper shall, before he enters upon the duties of 
 his office, give bond with security, to be approved by the Bond. 
 Mayor, to the Mayor and City Council, for the faithful dis- 
 charge of his duties, in the sum of two thousand dollars. 
 
302 Fire. 
 
 Article XX.— Ordinances. 
 
 No.47,s.2,u. 53. All gunpowder brought within the limits of the city 
 Gunpowder bv hiiid, or into the port or hnrbor, in tiny ship or vessel, 
 
 brought into 
 
 city by land or other thaii H sliip or vessel of war, shall be stored in the said 
 
 water regulated. ' 
 
 magazine as aforesaid ; if brought by land as aforesaid, within 
 seventeen hours thereafter ; if brought into the port or harbor 
 as aforesaid, within forty eight hours after the ship or other 
 
 Proviso. vessel thus bringing it shall have broken bulk ; provided, the 
 
 quantity thus brought in shall exceed the weight of one quarter 
 barrel as above defined; or being of such weight and no more, 
 
 Keguiation; for shall be wcll sccured in tin canisters; nor shall it be lawful 
 
 vessels landing 
 
 or receiving for auy sliip Or vcsscl, other than a ship or vessel of war, brine- 
 gunpowder. J r J I 7 O 
 
 ing gunpowder into the port or harbor of Baltimore, or having 
 gunpowder on board, in a greater quantity than the weight of 
 the quarter barrel as aforesaid ; or being of such weight and 
 no more, not secured as above provided, to approach, lie at 
 anchor, or moor nearer than two hundred yards to any wharf, 
 or land within the limits of said city, or discharge, land 
 or deliver gunpowder in a greater quantity or otherwise 
 secured than as aforesaid, at any other place within the said 
 city, than at the wharf of the magazine aforesaid, or such 
 other wharf or place as the Mayor and Harbor Board may 
 designate for that purpose; nor shall any gunpowder be 
 delivered or received on board of any ship or other vessel from 
 the magazine aforesaid or elsewhere, in a quantity above the 
 weight of one quarter barrel as aforesaid, or being of such 
 weigiit and no more, not secured as aforesaid, while the said 
 vessel shall be or remain within two hundred yards of any 
 land or wharf within the limits of the city; and for any viola- 
 Penaity for via- tiou of any of the provisious of this section, the owner of the 
 
 lating regula- ,,,... 
 
 tions. gunpowder in question, the person who shall bring it into the 
 
 city, the person who shall receive or take charge of it when 
 brought in, and the owner, master and consignee of the ship 
 or other vessel concerned in said violation, as the case may be, 
 shall be severally liable to a ])enalty of twenty dollars for each 
 twenty-live pounds of gunpowder, in whatsoever vessel or ves- 
 
Fire. 303 
 
 Article XX.— Ordinances. 
 
 sele it may ho contained, which shall be the subject matter of 
 such violation. 
 
 54. AH gunpowder carried or eonvejed to or from any place iwd, s. s. 
 in or throufirh the city, shall be first well secured with a good Gunpowder 
 
 carried through 
 
 bag or bags, or covered with a sail or other cloth under and "ty reguuted. 
 around it, so as effectually to secure the same from scattering 
 or sifting out, under a penalty of ten dollars for every quarter 
 barrel, or twenty five pounds weight, carried or conveyed 
 otherwise than is herein j)rovidcd, to be recovered of the 
 owner of said powder, or the person having charge of the 
 same, or of the person actually conveying or carrying the 
 same, or any of them. 
 
 55. No person or persons shall have or keep in his, her no. 73, Aug. as, 
 or their possession, within the limits of the city, whether in any wiiatqu^.i.tuy 
 
 ' , . of guiipowdei 
 
 building or shed, or in the street, or upon any lot or premises to be kept. 
 whatever, or in any wagon, cart, dray or other carriage, any 
 quantity of gunpowder exceeding fifty pounds in weight, 
 (which shall be well secured in tin canisters or wooden kegs,) 
 under a penalty of twenty-five dollars for every violation of 
 this section, by having above the quantity hereby allowed; 
 provided, that this penalty shall not apply to gunpowder proviso. 
 being conveyed and actually ifi iramitu, without stoppage, 
 (except sufiicient time for the purpose of delivery,) through 
 the streets of the city of Baltimore, for the purpose of ship- 
 ment or transjjortation beyond the city. 
 
 56. Any person or persons keeping gunpowder in their store no. le, Api. 5, 
 or warehouse, shall have it kept in a tin canister near one of H„wtobe 
 the front doors, and a tin sign placed on tiie outside of the 
 
 door marked "gunpowder." Any person or persons failing 
 to comply with the provisions of this section, shall forfeit ten Peu.ity. 
 dollars to the use of the city of Baltimore; to be collected as 
 small debts are, before a single justice of the peace, in the 
 name of the Mayor and City Council of Baltimore. 
 
304 FiBE. 
 
 Article XX. — Ordinances. 
 
 No. 47, 8.5, R, 57. The Mayor or any justice of the peace, is hereby, 
 Duties of authorized as often as he shall be informed upon oath, of 
 
 Mayor and jus- 
 tices of peace, probable cause to suspect any person or persons of concealing 
 
 or keeping within the said city, any quantity of gunpowder 
 over and above fifty pounds as aforesaid, to issue a search war- 
 rant to examine into the truth of such allegation or suspicion, 
 and search any place whatever therein. 
 
 Ibid, s. 6. 58. The owner and owners, consignee and consignees, mas- 
 
 owiiers, &c., ofi tcr and acting master at the time of any ship or other vessel 
 
 ships. _ 
 
 which shall approach any part of the city, lie at anchor, or 
 moor in the port or harbor of the same, or from which gun- 
 powder shall be discharged, landed or delivered, or which shall 
 deliver or receive any gunpowder in violation of this ordinance, 
 Penalty. shall cach of them be severally liable for the penalties provid- 
 
 ed by this ordinance. 
 
 MANUFACTURE OF OILS. 
 
 NO. 20. s. 2, 59. It shall not be lawful for any person or persons to erect 
 
 Manufacture of build or havc put UD Or use any building or buildings for the 
 
 what oils regu- f r J & ... 
 
 i»'«d. matjufacture of camphine, pine, ethereal or coal oil, refined 
 
 petroleum oil, kerosene or carbon oil, and all oils manufactured 
 from coal, rock or earth oil and petroleum within the limits of 
 the city, without first obtaining the sanction of the Mayor and 
 
 Ten days' City Council ; and ton days' notice immediately preceding the 
 
 uotice. ,. , •/ i ^ o 
 
 application to the Mayor and City Council shall be given by at 
 least four insertions in two or more of the daily papers of the 
 city, setting forth the purpose of said application, the street, 
 alley or court and square of ground on which the contem- 
 plated manufactory is to be erected or put up; and every per- 
 son or persons violating this section shall be subject to the 
 Penalty. penalty of not less than twenty dollars nor more than fifty dol- 
 
 lars, and the further penalty of twenty dollars for each and 
 every day such manufactory shall remain, to be recovered as 
 other fines are recoverable; provided that nothing in this 
 
Fire. 305 
 
 Article XX. — Ordinances. 
 
 section shall apply to manufactories of coal and other oils now 
 erected and in use in said city.* 
 
 STORAGE OF OILS, &c. 
 
 60. It shall not be lawful for any person or persons to keep no. 63,s. i, 'fia. 
 on storat'c or for sale, within the limits of the citv of Baltimore, storage of what 
 
 " ' " oils unlawful. 
 
 any crude rock or earth oils, petroleum, kerosene, naptha and 
 benzone, except as hereinafter provided. 
 
 61. Crude rock or earth oils, coal oil, and petroleum oil ibid, s. 2. 
 may be stored or kept for sale in stores or buildings, other than How much may 
 
 •/ ' '^ be kept lor sale. 
 
 dwelling houses, in quantities not more than one barrel in any 
 one building, provided it be kept in metallic packages. 
 
 62. Manufacturers, refiners or distillers of coal or rock oil, ibid, s. 3. 
 naptha or benzone, may keep or store in their factories such DiatiUers of 
 quantities of oil, naptha or benzone as they desire; provided Proviso. 
 always that the said manufactory is carried on in a brick, 
 
 stone or fire ]>roof building or buildings, not nearer than fifty {I'^re^pj'oj'f 
 feet to afiy other building, and if in a frame building, not 
 nearer than one hundred feet to any other building. 
 
 63. Refined petroleum, earth or rock oil, or coal oil or ker- i^d, «. 4. 
 osene oil, for illuminating pur|)osos, may be kept on sale in R;«j,,e,i^petro- 
 stores, dwelling houses or other buildings. 
 
 64. Naptha and benzone maybe kept on storage or formd.s.s. 
 sale in quantities not to exceed fifteen gallons in any one build- Nj;„»'-"d 
 ing, the same to be kept in metallic packages. 
 
 65. No crude rock or earth oils, petroleum, kerosene, nap- 1^^^,%^;';,,, 
 tha or benzone shall be placed in any lot or yard and remain ^^^^J^^^^^^ 
 therein over twenty-four hours, without first obtaining the con- 
 sent of the Mayor, and all the property holders within two 
 hundred feet; provided that this section shall not apply to Proviso. 
 
 * See further under Art. XXIII.— Health. 
 
306 FiKE. 
 
 Article XX. — Ordinances. 
 
 manufacturers, rcfiticrs or distillers. It sliall not he lawful for 
 
 any person or persons to keep stored witliin the limits of the 
 
 Refinedrock, clt}' of Baltimore, uioro than one hundred barrels of reiir)ed 
 
 cual oil, &c. , ., . 
 
 rock, earth or coal oil m any one building at one time, with- 
 out having obtained the pennission of the Mayor and City 
 Council. ^ 
 
 ihid.s. 7; No. QQ. Any person, persons or corporation, who shall violate 
 PenaUies. any of the provisions of this ordinance, shall forfeit and pay a 
 fine of fifty dollars for each and every oftence, and ten dollars 
 for each and every day thereafter the said violation continues, 
 to be recovered as other fines and forfeitures are now recover- 
 able. 
 
 DYNAMITE, NITRO-GLYCERINE, &c. 
 
 No^a4,s. i,M8r. (57, It shall not be lawful for any person, persons, or body 
 Noexpiosive corporatc, to manufacture within the limits of the city anyex- 
 
 tnalenal or com- '^ J J 
 
 ma"nuflctured P^osive material or compound, to be used for the purpose of 
 
 itsofcity." '""" blasting or mining, or for any other purpose,, the manufac- 
 ture of which would be dangerous to life and property, 
 
 Penalty. uudcr the penalty of one hundred dollars, and a further 
 
 penalty of fifty dollars for each and every day that such 
 explosive material or compound may be manufactured, after 
 
 Notice from propcr notification for discontinuance thereof by the P'ire 
 
 i ire Inspector. ' *■ •' 
 
 Inspector. 
 
 ibid,s.2. 68. It shall not be lawful to store or keep in any building 
 
 Not lawful to or shed, or deposit upon any vacant lot, or convey through any 
 
 store or keep in . , , , , /• i • i 
 
 any b .nding or ot the strects, laucs or alleys ot the city, any dynamite, nitro- 
 
 shed, or convey . "^ . '. 
 
 throuKhihe glyccrinc, or any othcr cxolosivo material or compound other 
 
 strcet.s explo- o ./ > ./ i i 
 
 comVo'nndwVth- ^^^^" gwiipowdcr, uulcss a permit in writing for such i)urpose 
 'uomtiilToT. or purposes be first obtained from the Mayor, under a penalty 
 Penalty. of fifty dollars for each and every offence, and a further penal- 
 
 ty of fifty dollars for each and every day that such explosive 
 material or compound may remain stored, kept, deposited or 
 
Fire. 307 
 
 Article XX. — Ordinances. 
 
 conveyed, as the case may be, after the proper notification from 
 
 the Mayor or Fire Inspector for a compliance with the provi- Notice. 
 
 sions of this section. 
 
 69. In all buildings in which any explosive material oriwd, s. 3. 
 compound, as regulated by the preceding two sections, stored or Tin sign to be 
 
 r ^ r) J I n placed on door 
 
 kept under a permit obtained from the Mayor, it shall be the ^^ jj^^''g^J°s '"^ 
 duty of the ])erson or persons so storing it, to place a tin sign comp"ormdi?i "^ 
 on the door, or some other conspicuous place on the ontside of 
 the first story of such building, on which shall be painted in 
 legible letters, the name of the material or compound so stored 
 or kept, under a penalty of twenty dollars, and a further Penalty. 
 penalty of ten dollars for each and every day after proper 
 notification from the Mayor or Fire Inspector until such sign as Notice. 
 above designated shall be posted. 
 
 SHAVINGS. 
 
 70. It shall not be lawful for any person or persons to deposit No. 35, s. la, b. 
 in any street, lane or alley, or any vacant lot, except at the shavmgs ^to^be 
 distance of at least three hundred feet from any building, or burnt. 
 lumber yard, any shavings, chips or other combustible matter ; 
 
 and it shall be the duty of every person or persons, who shall 
 remove such combustible matter to such place as is hereby 
 permitted, to burn them or cause them to be burnt, before five 
 o'clock in the evening of the day on which they are so de- 
 posited ; and every person offending against the provisions of 
 this section shall forfeit and pay a sum not exceeding twenty Penalty. 
 dollars. 
 
308 Gaming. 
 
 Article XXI. — Ordinance. 
 
 ARTICLE XXL 
 
 GAMING. 
 
 ORDINANCE 
 
 1. Penalty for fraudulent gaming 
 
 and betting. 
 
 2. Penalty for gaming in ordinaries : 
 
 liability for keeping of ordina- 
 ries. 
 
 3. Penalty for keeping gaming tables, 
 
 &c. 
 
 Police to. give information and 
 suppress gaming : mode of pro- 
 ceeding : penalty for refusing to 
 open rooms to police. 
 
 Horse racing prohibited. 
 
 Long bullets prohibited. 
 
 ORDINANCE. 
 
 No.36 s.i,R.o. 1. If any person or persons shall, within the city of Bal- 
 Penaityfor tiinorc, by atjy fraud, cozenage, deceit, unlawful device, or 
 
 fraudulent gam- _ . , . .,,,,. 
 
 iiig and betting, gyil practicc wliatsoevcr, in playing at or with cards, dice or 
 any other game or games, play for, win, obtain or acquire 
 to him or themselves, or others, any sum or sums of money 
 or other valuable thing, or shall, knowing of such fraud, 
 bear a share or part in the wager, stake or adventure so 
 played for, or shall, with the like knowledge, bet on the side 
 or hand of such gamesters, every such person being thereof 
 convicted, shall for every offence forfeit and pay twenty dol- 
 lars.* 
 
 * P. 6. L., Art. 30, sees. 56 to 66, relating to gaming, is as follows : 
 
 56. No person shall keep any gaming table, or any house, vessel or place, 
 on land or water, for the purpose of gambling. 
 
 57. Every faro table, B. O. table, equality, or any other kind of gaming 
 table, (billiard table excepted,) at which any game of chance shall be played 
 for money or any other thing, shall be deemed a gaming table. 
 
Gaming. 309 
 
 Article XXI. — Ordinance. 
 
 2. If any person or persons shall at any time, in any or- imci, s. a. 
 
 dinary or licensed house of entertainment within the city, penalty for gam- 
 ing in orUina- 
 
 or in any house attached thereto, or upon the lot or premises "es. 
 
 whereon such licensed house is or may he situate or erected, 
 
 win or lose one cent or upwards, or the value thereof, at 
 
 cards or any other game, every such person or persons on 
 
 conviction thereof, shall forfeit and pay one hundred dollars 
 
 for every offence ; and if any ordinary keeper shall suifer or uabiutyof 
 
 keepers of ordi- 
 
 permit any person or persons to lose one dollar or upwards, naries. 
 oi; the value thereof, at any time in his house, at any game 
 or games whatsoever, knowing the same, he shall forfeit and 
 pay for every such offence the sum of one hundred dollars. 
 
 58. No person shall lease or rent any house, vessel or other place to be 
 used for gambling. 
 
 59. Any person keeping a gaming table, or other place for gambling, shall 
 be deemed guilty of a misdemeanor, and on conviction thereof, fined or im- 
 prisoned at the discretion of the court, not exceeding five hundred dollars 
 or six months. 
 
 60. If the owner, tenant or occupier of any house, vessel or other place, 
 shall knowingly permit any gaming table to be kept therein, he shall be 
 guilty of a misdemeanor, and on conviction thereof, shall suffer the penalties 
 prescribed in the preceding section. 
 
 61. Any person who may lose money at a gaming table, may recover 
 back tlie same as if it were a common debt, and may be a competent witness 
 to prove the sum he lost, but no person shall recover any money or^ other 
 thing wliich he may have won by betting at any game, or by betting in any 
 manner whatsoever. 
 
 62. All games, devices and contrivances at which money or any other 
 thing sliall be bet or wagered, shall be deemed a gaming table within the 
 meaning of the preceding sections. 
 
 63. Any person who shall win any money or other thing by the thimbles, 
 or what is called the little joker, or by any other device, or fraudulent trick 
 whatsoever, on conviction thereof, sliall be imprisoned not less than six 
 months nor more tlian two years, and fined not exceeding one hundred 
 dollars. 
 
 64 The courts shall construe the preceding sections relating to gambling 
 and betting liberally, so as to prevent the mischiefs intended to be provided 
 against. 
 
 65 No person shall refuse to testify concerning any gaming or betting be- 
 cause his testimony would implicate himself, but when any such person is 
 
310 Gaming. 
 
 Article XXI.— Ordinance. 
 
 Ibid, s. 3. 3. If any person or persons shall within the city set np, 
 
 Penalty for keep or maintain any E. 0., A. B. C, rooley pooley or faro 
 
 keeping gaming '^ . ^ ^ i. J 
 
 tables, &c. table, faro bank or device, or game of hazard or address, 
 (except games licensed under Article XXXIII, Licenses,) for 
 the purpose of public gaming, such person or persons shall for 
 each and every offence forfeit and pay fifteen dollars on con- 
 viction thereof; and the occupier or occupiers of the house, 
 out house or place in which such public gaming takes place, 
 shall forfeit and pay twenty dollars for each and every day 
 such game is played, or such E. 0., A. B. C, rooley pooley 
 or faro bank, faro table or other device for the purposes afore- 
 said, shall be set up, kept or maintained on his or their 
 premises. 
 
 required to testify in belialf of the Stale, he shall not be prosecuted for any 
 offence to which his testimony relates. 
 
 66. All constables and police officers are required to visit all places where 
 they shall have reason to suspect gaming tables are kept, and to have all 
 persons prosecuted offending against the laws prohibiting gambling. 
 
 If a billiard table, excepted from the penalties of an act, were in fact used 
 as a faro table ipso facto, it would lose its privilege. Tits State v. .Price, 12 
 G. & J., 260. 
 
 It is not indispensable that an indictment for keeping a gaming table, 
 framed under the act of 1826, c. 88, [sec. 57,] should set forth an ex- 
 press negation of the exception of billiard tables. And if the indictment 
 be in the language of the statute, it is sufficient ; and if the indictment 
 charges for keeping a gaming table, "called a faro table," these last words 
 are unnecessary. That a faro table is not a billiard table, is a fact witliin 
 the knowledge of the community at large ; and there is no presumption of 
 law or fact to prevent the court from judicially knowing what a faro table 
 is. Tlie State v. Price, 12 G. & J., 260. See Rawli7i(j v. Tlie State, 2 Md. 201. 
 
 Money lost by gaming may be recovered under Stat. 9 Anne, c. 14, [sec. 
 61,] in an action for money had and received, though the winner received 
 payment of the sum won in goods. Held, that evidence that the plantiff 
 gave the defendant orders for goods to the amount of the money won, which 
 goods the defendent obtained and the plaintiff afterwards paid for, was suf. 
 ficient to support the declaration. Hook v. Boteler, 3 H. & McH., 348. 
 
 The Stat. 9 Anne, c. 14, making void all securities given for gambling 
 considerations, is in force in this State ; there is nothing in the act of 1813, 
 c. 84, [sec. 61,] or any previous law, which either in express terms, or by 
 
Gaming. 311 
 
 Article XXI. — Ordinance. 
 
 4. It shall be the duty of the police officers to give iufor- iwd, s. 4. 
 mation to the Mayor or other raagistrate, of each house or Poucetogive 
 
 . . . ini'urmatiou. 
 
 other place within the city wherein such games or devices 
 
 or tables for the purpose of gaming are, or may be set 
 
 up, kept or maintained ; and the said police officers shall take 
 
 all lawful means to suppress and prevent the playing at the And suppress 
 
 tables, games or devices as aforesaid ; and for this purpose, 
 
 when and as often as any one of them shall have reasonable 
 
 cause to suspect that any such table, game or device is set 
 
 up, kept and maintained as aforesaid, he shall apply to a Mo.ie of pro- 
 
 justice of the peace for a warrant, and shall state under oath 
 
 the cause of such suspicion, whereupon the said justice may, 
 
 in his disct-etion, grant a warrant to any police officer or 
 
 officers, authorizing him or them to enter such house, houses 
 
 or place, or any room within the same ; and the said police 
 
 officer or officers shall thereupon have authority to demand 
 
 entry therein ; and any person who shall refuse or neglect 
 
 necessary implication repeals it. Equity will grant relief against a judg- 
 ment at "law upon a bond given lor a gambling consideration, though no 
 such defence was made in the suit at law, and it makes no difference that 
 the judgment was recovered by a bona fide assignee for value and without 
 notice. If, when executed, the bond was intended by the obligor, to secure 
 the payment of money won of him by the obligee, who took and held the 
 security for that purpose, it was void when given, and a subsequent discov- 
 ery, by the obligor, that he was the winner instead of loser, will not make it 
 less obnoxious to the laws against gambling. Gough v. Pratt, adm. Tfmnas 
 v. Watso7i, in note, 9 Md. 526. 
 
 P. G. L. Article 30, sec. 56, provides, that, " no person shall keep any 
 gaming table, or any house, vessel or place, on land or water for the purpose 
 of gambling," and by section 59, any person keeping a gaming table, or 
 other place for gambling, shall be deemed guilty of a misdemeanor, and on 
 conviction thereof, &c. A count in an indictment under this article which 
 avers that the accused, at a certain time and place did, for gambling purpos. 
 es then and there keep a certain place, to wit : a certain room in his hotel 
 for gambling then and there, contrary to the statute, sufficiently charges 
 the offence within the statute. The offence is not confined to keeping a 
 gaming table, but the keeping of any house or other place, for the P"rpose 
 of gambling, is within the letter of the law. WhMer v. The State, 42 Md. 
 563. 
 
312 
 
 Gaming. 
 
 Article XXI. — Ordinance. 
 
 Ibid, s. 13. 
 
 Horse racing 
 prohibited. 
 
 to open the door or entrance to such honse, houses or place, 
 Penalty for re- or any rooui withiu the same,, upon application of any police 
 
 fusing to open 
 
 rooms to police, officer liavmg such a warrant, for every oifence shall forfeit 
 and pay twenty dollars. 
 
 5. No person or persons shall within the city of Balti- 
 more, enter, start or run any horse, mare or gelding, for 
 any plate, prize, sum of money or thing of value ; and in 
 case any person or persons shall enter, start or run any horse, 
 mare or gelding within said city, for any plate, prize or sum 
 of money or other thing of value, each and every such per- 
 son, and each and every owner of such horse, mare or geld- 
 ing, knowing and consenting to the same, shall severally 
 forfeit and pay the sum of five hundred dollars for each and 
 every offence. 
 
 6. It shall not be lawful for any person or persons to 
 play at the game commonly called long bullets, or by whatever 
 name the same may be hereafter called, within the limits of the 
 city, under a penalty of two dollars for each and every 
 offence.* 
 
 Ibid, 8. 15. 
 
 Long bullets 
 prohibited. 
 
 * See Licenses, Art. XXXIII, and Sabbath Breaking, Art. XLII. 
 
Hakboe, Docks and Whakves. 
 
 313 
 
 Article XXII. 
 
 ARTICLE XXII. 
 
 HARBOR, DOCKS AND WHARVES. 
 
 STATUTES 
 
 1. Corporation to provide for pre- 
 
 servation of navigation in basin 
 and Patapsco. 
 
 2. Tlirowing obstructionp in river, 
 
 &c. 
 
 3. Penalty. 
 
 4. Power to regialatc mooring of 
 
 vessels. 
 . 5. Power to snrvey harbor and 
 rivers and erect buoys. 
 
 6. To remove obstructions from 
 
 harbor: to levy tonnage. 
 
 7. To pass ordinances to i>rotcct 
 
 wharves and harbor. 
 
 8. Fines. 
 
 9. Limits of wharves. 
 
 10. Penalty. 
 
 11. Pay of harbor master from 
 
 vessels. 
 13. Mode of enforcing. 
 
 13. Tonnage duty on lumber. 
 
 14. Power to appoint harbor mas- 
 
 ters, &c. 
 
 DOCKS. 
 
 15. Corporation to have control of 
 
 docks. 
 
 16. Entitled to land made by im- 
 
 provements: proviso. 
 
 17. Obstructing passage in Smith's 
 
 dock or a private dock, &c. : 
 penalties. 
 
 18. "W hat, the term vessel to include. 
 
 19. Vacant place : penalty. 
 
 20. When vessel obstructing passage 
 
 to make room : penalty. 
 
 21. Penalties, how recovered. 
 
 WnARPlNGEIl AND WIIARVKS. 
 
 22. Appointment of wharfinger. 
 
 23. Bond. 
 
 24. Where bond to be filed. 
 
 25. Duty of wharfinger: to take 
 
 charge of wharves : to collect 
 wharfage. 
 
 26. His powers over wharves, ves- 
 
 sels, &c. : fines. 
 
 27. To deposit receipts, and where 
 
 and how: compensation. 
 
 28. To account to treasurer, and 
 
 when. 
 
 29. To preserve wharves from in- 
 
 30. How wharfage to be collected. 
 
 31. What wharfage to be collected. 
 
 32. Wood inspector to report to 
 
 wharfinger wood landed on 
 wharves: to collect wharfage 
 on, and what. 
 
 33. Salary of wharfinger. 
 
 34. Pratt street wharf, a public 
 
 wharf. 
 
 35. What wharf wharfinger may 
 
 rent: proviso. 
 
 36. Wharfage not chargeable on 
 
 vessels with tobacco at tobacco 
 warehouses: proviso. 
 
314 
 
 Harbok, Docks and Wharves. 
 
 Article XXII. 
 
 37. Boat with tobacco to liave pref- 
 
 erence. 
 
 38. Wood and lumber, where not to 
 
 be landed. 
 
 39. Penalty. 
 
 40. How recovered. 
 
 41. Duty of justice of the peace. 
 43. Power of corporation to regulate 
 
 wharves. 
 
 43. Rate of wharfage. 
 
 WOOD ON WHARVES. 
 
 44. Penalty for excessive wharfage 
 
 on wood. 
 
 45. Wood may be landed on State 
 
 wharves : not to interfere witli 
 tobacco. 
 
 46. Wharfage on wood. 
 
 HAKBOR AND RIVER RELIEF BOARD. 
 
 47. Incorporated. 
 
 48. Duty of board : vessel to keep 
 
 harbor free from ice. 
 
 49. Superintendent and officers, &c., 
 
 of vessel : how vessel to be 
 employed : proviso. 
 
 50. Annual statements of receipts 
 
 and expenditures: reports to 
 Legislature and Mayor and 
 Council : what to be paid into 
 treasury, &c. 
 
 51. Requisitions for money upon 
 
 Comptroller, &c. : use of city 
 wharf property. 
 
 52. Powers of board. 
 
 53. Members to receive no salary, 
 
 &c.: oath : oath to be recorded : 
 fees : evidence. 
 
 BASIN NUISANCE. 
 
 54. Act relating to. 
 
 ORDINANCES. 
 
 HARBOR BOARD. 
 
 1. Appointment of Harbor Board : 
 of whom to consist : term of 
 office. 
 
 3. Authorized to receive and dis- 
 burse moneys received from 
 auction duties : liow such 
 moneys applied. 
 
 3. Advertisements for proposals for 
 
 work in harbor and channels 
 of Chesapeake bay and Pa- 
 tapsco river below Fort Mc- 
 Henry: bids to be opened in 
 public: to whom contract 
 awarded : when no acceptable 
 bid obtained. 
 
 4. Avoidance of obstruction or in- 
 
 terference to vessels or busi- 
 ness. 
 
 5. How bids to be accompanied: 
 
 bond : what per centum to be 
 retained : City Solicitor to cer- 
 tify to bond. 
 
 0. Meetings of board. 
 
 7. Annual report to Mayor and 
 
 City Council. 
 
 8. No member of Board to be in- 
 
 terested in contract, &c , in re- 
 lation to work on harbor, &c. : 
 when contracts void and office 
 vacated. 
 
 9. Appointment of civil engineer, 
 
 clerk and supervi.sors of dred- 
 ges, &c.: oath: duties: sala- 
 ries : assignments to work : 
 bonds to be approved by 
 Mayor. 
 
 10. Soundings of harbor. 
 
 11. Property of port . warden's de- 
 
 partment. 
 13. Authority of board as to vessels 
 sunk in harbor: fine on owner 
 or agent of vessel not remov- 
 ing : when board to remove : 
 when City Counselor to bring 
 suit. 
 
Hakbor, Docks and Wharves. 
 
 315 
 
 Article XXII. 
 
 13. EncroarhmentP on harbor : duty 
 
 of Mayor: suit. i 
 
 14. Building or repairing wharves: 
 
 examination of private 
 wharves: notice to rebuild or 
 repair: penalty: expense of 
 owner. 
 
 15. llepairing below high water 
 
 mark : injunction : penalty. 
 
 16. No dirt, stones, &c., to be thrown 
 
 in basin or any stream within 
 city limits without permission : 
 penalty. 
 
 17. Control over aflTair.'^ connected 
 
 with harbor : appropriations. 
 
 18. Board to remove sediment at 
 
 mouths-of sewers. 
 
 IIAUUOU AND HARBOn MASTERS. 
 
 19. 
 20. 
 
 21. 
 
 22. 
 
 23. 
 
 24. 
 25. 
 
 26. 
 27. 
 
 28. 
 
 29. 
 
 30. 
 
 31. 
 
 32. 
 
 33. 
 
 Harbor masters: their duties. 
 
 Return from sixth harbor mas- 
 ter to Register: his compensa- 
 tion. 
 
 Rates of wharfage: lumber and 
 fire wood. 
 
 Notice to remove lumber, &c. : 
 penalty. 
 
 Rates to be charged when lum- 
 ber sixteen feet from wharf 
 front. 
 
 Persons landing lumber, &c. 
 
 Harbor ma.ster or deputy not to 
 deal in wood. 
 
 Tonnage duty. 
 
 Penalty for refusing to exhibit 
 license of vessel. 
 
 Penalty for obstructing ingress 
 
 and egress of vessels. 
 Penalty for neglecting to pay 
 wliarlage. 
 
 Propellers, barges and canal 
 boats to pay tonnage. 
 
 Monthly returns to Register: 
 compensation. 
 
 Vessels lying at the public 
 wharves. 
 
 Yards, &c., regulated. 
 
 34. Wharfage, how collected. 
 
 35. Harbor masters' books. 
 
 36. Fires on board vessels regulated. 
 
 37. Limits in which vessels may not 
 
 remain at anchor. 
 
 38. Vessels not to enter public docks 
 
 without permission: penalty. 
 
 39. Public wharf on Pratt street: 
 
 proviso. 
 
 40. Retailing goods prohibited on 
 
 said wharf. 
 
 41. Retailing goods at public wharves 
 
 regulated. 
 
 42. Certain vessels not to enter dock 
 
 witliout permission. 
 
 43. Vessels not to lay in second tier 
 
 without permission. 
 
 44. Vessels to be pumped out once a 
 
 week. 
 
 45. Notice of regulations to be served 
 
 on masters of vessels. 
 
 46. Vessels not to be hove down, or 
 
 wharves obstructed without 
 permission. 
 
 47. Ballast, &c., not to be put on 
 
 board without permission. 
 
 48. Nor landed without permission. 
 
 49. Vessels in ballast to haul to a 
 
 wharf: proviso. 
 
 50. Ashes, shells, &c., not to be 
 
 thrown in harbor : penalty. 
 
 51. Duties of harbor masters and 
 
 police. 
 53. Ballast, dirt, oyster shells not to 
 be thrown in harbor : penalty. 
 
 53. Fish, crabs, gas tar, offal, &c.: 
 
 penalties. 
 
 54. Gas light company, &c., not to 
 
 discharge gas tar or dregs: 
 penalty. 
 
 55. Anchorage buoy : where vessels 
 
 to anchor : penalty. 
 
 56. Vessels not to anchor in chan- 
 
 nels of harbor between Fort 
 McHenry and Light street 
 wharf: penalty. 
 
316 
 
 Harbok, Docks and Wharves. 
 
 Article XXII. 
 
 ■WIIAKVES. 
 
 57. Wliarfage : charge upon vessels : 
 
 charge upon fire wood : dock- 
 age to be paid by certain ves- 
 sels. 
 
 58. Further rates of wharfage : two 
 
 or more vessels belonging to 
 the same persons. 
 
 59. Rates of goods landed on or 
 
 shipped from public wharves. 
 
 60. Harbor masters to make re- 
 
 turns. 
 
 61. Vessels which are chargeable 
 
 with city wliarfage. 
 
 62. Master or owner responsible. 
 
 63. Goods placed on the public 
 
 wharves, when to be removed : 
 articles excepted. 
 
 64. Fire wood, lumber, &c., on the 
 
 public wharves regulated: 
 
 65. Fire wood and lumber not to be 
 
 landed on Bowly's wharf 
 without permission. 
 
 66. Rates of wharfage on lumber. 
 
 67. Space vessels may occupy: scows 
 
 regulated : proviso. 
 
 68. Encroaching on Pratt and Light 
 
 street wharves. 
 
 69. Fire wood, &c., on Light street 
 
 wharf. 
 
 70. Piling cord wood on Light street 
 
 wharf. 
 
 71. How long cord wood to remain 
 
 on that wharf. 
 
 72. Penalty. 
 
 73. Wood or lumber not to be landed 
 
 on McElderry's or Dugan's 
 wharf. 
 
 74. Not more than one-third to be 
 
 occupied: penalty. 
 
 75. Vessels not to remain more than 
 
 four days : penalty. 
 
 76. Goods on public wha,rves regu- 
 
 lated. 
 
 77. Wharves reserved for tobacco 
 
 warehouses. 
 
 78. When fishermen to have exclu- 
 
 sive use of wharf. 
 
 79. Goods belonging to unknown 
 
 persons to be removed. 
 
 80. When and how said goods may 
 
 be sold. 
 
 81. Nuisances to be removed. 
 
 82. Carts, &c., at public wharves. 
 
 83. Harbor masters to collect penal- 
 
 ties : to account monthly and 
 pay to Register: booths, &c., 
 regulated. 
 
 84. Goods in transition not to be 
 
 charged wharfage for less than 
 one day. 
 
 85. Gang planks at wharves. 
 
 86. Penalty. 
 
 DRIFTING OP ARKS AND LUMBER. 
 
 87. Arks, &c., not to drift in harbor: 
 
 penalty : proviso. 
 
 88. Duty of harbor masters. 
 
 89. Penalty, &c., how recovered. 
 
 90. Penalty for setting arks, &c., 
 
 adrift. 
 
 STEAMBOATS. 
 
 91. Speed regulated : penalty. 
 
 KEEPER OP HARMAN^S BRIDGE. 
 
 92. Duties: salary. 
 
 KEEPER OP DRAWBRIDGE. 
 
 93. Appointment : his duties. 
 
 94. Salary. 
 
 95. Penalty for opening bridge with- 
 
 out consent of keeper. 
 
 BATHING. 
 
 96. Bathing within certain limits 
 
 regulated: penalty. 
 
 PORT warden's line. 
 
 97.- Regulations for extending 
 wharves and piers into harbor: 
 act of 1876, and report of com- 
 missioners appointed there- 
 under. 
 
Harbor, Docks and Wharves. 317 
 
 Article XXII.— Statutes. 
 
 STATUTES. 
 ' HARBOR. 
 
 1. Tlio Mayor and City Council have power to provide p. l l., ait. 4, 
 for the i)re8ervation of the navii^ation of the basin and Pa- corporation to 
 
 _ _ provide for pre- 
 
 tapsco river, within the limits of the city, and within four "crv.ation of 
 miles thereof, and for cleaning and deepening the basin and taps"j!'"' ^''" 
 docks, and for regulating the stationing, anchoring and 
 moving of vessels. 
 
 2. No person, his servant or agent, shall put or throw imu, sec. 794. 
 into the Patapsco river, or any of the navigable branches Throwing ob- 
 
 *■ > "I " struclions in 
 
 thereof, any earth, sand or dirt, or lay out on the beach or river, &c. 
 shore of said river below common high water mark, any 
 earth, sand or dirt, unless such earth, sand or dirt be first 
 well secured by stone walls, dovetailed log pens or otherwise, 
 so that no part thereof may wash into said river or the navi- 
 gable branches thereof. 
 
 3. Any person offending against the provisions of the last ibid, sec. 795. 
 preceding section, shall forfeit and pay the sum of fifteen Penalty. 
 dollars, to be recovered before a justice of the peace, as in case 
 
 of small debts, one-half to the State and the other half to 
 the person who shall sue for the same. 
 
 4. The Mayor and City Council shall have full power and ibid, s. 795. 
 authority to make such rules, regulations and ordinances Power^to^rogu-^ 
 from time to time, respecting the mooring and safe station- vessels. 
 
 ing of all vessels arriving in said port, as they shall deem 
 necessary. 
 
 5. The Mayor and City Council may make an exact survey n,id, sec. 203. 
 and chart of the basin, harbor and river Patapsco, and may Po-r,Tv7r 
 ascertain the depth and course of the channel of the same, and erect buoys. 
 and if necessary affix buoys or water marks for facilitating 
 
 and rendering more safe the navigation thereof. 
 
318 
 
 Harbor, Docks and Wharves. 
 
 Article XXII. — Statutes. 
 
 Ibid, sec. 264. 6. They may CRUSG the basin and harbor, or such parts 
 To remove ob- thcreof as they may deem i)roper, to be cleansed, scoured, 
 harbor. clcarcd, and ballasted, and all obstructions and annoyances 
 
 in and upon the same, whether from vessels sunk or from 
 any other cause, to be removed, andmay levy a tonnage duty 
 of two cents per ton on every vessel entering or clearing at 
 said port. 
 
 7. They may pass such ordinances as they nuiy deem pro- 
 p'jr respecting wharves and wharfage, and the keeping of 
 
 To levy ton- 
 nage. 
 
 Ibid, sec. liJSS. 
 
 To pass ordin- 
 Biices to prelect 
 
 hi'ibo?^""* wharves in repair so as to prevent their injuring the harbor 
 or basin, and for preventing vessels from casting filth or 
 ballast into the same, and to iirevent filth, earth or soil from 
 being thrown from the wharves or land into the said basin 
 or harbor so as to fill up the same or obstruct the navigation 
 thereof. 
 
 Ibid, sec, 260. 
 Fiaes. 
 
 Ibid, sec. -^67. 
 
 Limits of 
 wharves. 
 
 8. They may impose fines for the breach of any ordinance 
 passed under the preceding section not exceeding one hun- 
 dred and fifty dollars. 
 
 9. 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 Mayor and City Council, or some officer by them 
 for that i)urpose appointed, a plan of said wharf, and obtain- 
 ing the consent of the Mayor and City Council to carry the 
 same into effect.* 
 
 *By resolution No. 185, April 22, 1876, the law officers of the City were 
 directed to give the proper legal notice to all persons, firms or corporations, 
 engaged in erecting piers, platforms, wharves, bulkheads or warehouses which 
 extend into the waters of the harbor, to discontinue all operations in that 
 direction until plans, plats or diagrams ot the proposed structures shall have 
 been filed by said individuals, firms or corporations, and examined and ap- 
 proved by the Mayor and City Council, and permission be granted to erect 
 the same in accordance with section 9. See sec. 97, ordinances of this ar- 
 ticle. 
 
Harbor, Docks and- Wharves. 319 
 
 Article XXII.— Statutes. 
 
 10. If" any person shall violate the provisions of the last ibid, sec. aes. 
 preceding section, the Mayor and City Council niay recover, Penalty. 
 by warrant before a justice of the peace, a sum not exceed- 
 ing two hundred and fifty dollars, and may forthwith cause 
 
 the said wharf to be demolished. 
 
 11. The harbor master of the port of Baltimore may de- ibid, sec. -209. 
 mand from the cai)tain or commander of every foreign vessel Pay of harbor 
 
 '^ ./ cj master from 
 
 coming into said port for the purpose of trade and commerce, vessels. 
 the sum of five dollars, as an additional compensation for his 
 care and diligence in the regulation of the harbor, and pro- 
 viding a proper station for said vessel. 
 
 12. He may, in case of delay or refusal to make such ibid, sec a/o. 
 payment, sue for and recover the same before a justice of the Mode of enforc- 
 peace, as small debts are recovered. 
 
 13. The Mayor and City Council shall have full power ibid, sec. -.^71. 
 and authority to assess, levy and collect on every thousand Tonnaee^duty 
 feet of lumber floating into or arriving at the port of Balti- 
 more and washed therein, a sum not exceeding thirty cents 
 
 per thousand feet board measure, and not less than fifteen 
 cents per thousand feet board measure, (excepting all timber Exception. 
 floating into or arriving at said port for the purpose of being 
 sawed in said city, or its vicinity, and all timber to be used 
 for masts, spars and wliarfing timber,) to be appropriated 
 and applied by the Mayor and City Council to carrying into 
 efiect the rules and regulations which they may from time to 
 time make respecting the said harbor and port. 
 
 14. The Mayor and City Council may appoint as many ibid, sec. -272. 
 harbor masters, port wardens, or other officers or agents as Powor^to»P; 
 may be necessary to execute the powers conferred by the pre- ^-^^ 
 
 ceding nine sections. 
 
 DOCKS. 
 
 15. The Mayor and City Council shall have power to pass p.^l.^l., arr. 0, 
 ordinances for cleaning and deepening the basin and docks. 
 
320 Harbor, Docks and Wharves. 
 
 Article XXII.— Statutes. 
 
 Corporation to and foi' re^iulating the station, ancliorinar and moorin"; of 
 
 have control «f o o } o o 
 
 docks. vessels. 
 
 Entitled to land 16. The Mavor and City Council are vested with the rif^ht 
 
 made by im- _ 
 
 provements. and title to any land made or to be made by them out of the 
 water in making and completing the improvements of the 
 city dock, according to the plan heretofore adopted by them ; 
 
 Proviso. provided, that nothing contained in this section shall be con- 
 
 strued to interfere with the vested rights of individuals. 
 
 1872, c. 4cg. 17. If any vessel shall be lying in Smith's dock, or in 
 
 Obstructing pas- any othcr private dock in said city, or the entrance thereof, 
 
 sage in Smith's 
 
 dockorapri- go as to obstruct auv vcsscl that shall be coming into the 
 
 vate dock. *' ° 
 
 same, or moving from one place to another therein, or going 
 out of the same, the vessel so obstructing, unless bona fide 
 loading or unloading, shall be removed to such place as shall 
 be necessary to give room to the passing vessel, under a 
 penalty at the rate of five dollars an hour for the delay which 
 shall be occasioned to the passing vessel, to be paid by the 
 master or owner of the obstructing vessel, unless in cases 
 where some unavoidable casualty or accident may make it 
 impracticable to remove the 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, 
 Penalty. uulcss whou loading or unloading, shall forfeit at the rate of 
 
 five dollars an hour during the continuance of such obstruc- 
 tion, to be recovered by the master or owner of the passing 
 vessel aforesaid. 
 
 p. L. L., art. 4, 1 8. The term vessel in the preceding section shall include 
 
 sec. 195. ^ ° 
 
 what,termves- boats, SCOWS and arks. » 
 
 sel to include. 
 
 1872,0.408. 19. No vessel shall enter Smith's dock, or any other 
 
 Vacant place, private dock in said city, without first ascertaining whether 
 
 there is a vacant place at a wharf therein where she can lie, 
 Penalty. uudcr a penalty of five dollars, to be paid to the Mayor and 
 
 City Council of Baltimore. 
 
Harbob, Docks and Wharves. 321 
 
 Article XXII.— Statutes. 
 
 20. All vessels which shall he found obstructing the pas- i87a, c. 408. 
 sage of said docks shall, unless hona fide loading or unload- obstructing pas- 
 
 sage to make 
 
 ing, remove when requested by the master or agent of the room. 
 passing vessel, in such manner as will give a free and unob- 
 structed passage to such passing vessel, under a penalty of Penalty, 
 five dollars an hour for each hour they shall obstruct such 
 passage, to be paid to the master or owner of such passing 
 vessel, after one notice shall have been given to the master, 
 owner or person in charge of such obstructing vessel. 
 
 2 1 . The penalties imposed by the three preceding sections p. l. l., art. 4, 
 maybe recovered as small debts before any justice of the penalties, how 
 
 * recovered. 
 
 peace for the city of Baltimore from the master, owner or 
 person in charge of the obstructing vessel, for the use of the 
 master, owner or person in charge of the vessel obstructed, 
 but such penalty shall not be recoverable where the obstruc- 
 tion proceeds from any unavoidable cause. 
 
 WHARFINGER AND WHARVES. 
 22 The Governor, bvand with the consent of the Senate, p.G.L.,art.97, 
 
 ... sec. 1. 
 
 shall bieuniallv appoint one or more persons of integrity as Appointment of 
 
 •' ^ "^ wharnoger. 
 
 Wharfingers in the City of Baltimore. 
 
 23. The person so appointed shall, before proceeding to ibid,sec.2. 
 act, enter into bond to the State of Maryland, with two Bond. 
 securities to be approved by the Governor, in the penalty of 
 
 five thousand dollars, conditioned for the faithful and impar- 
 tial discharge of the duties of State Wharfinger in the 
 City of Baltimore, according to law. 
 
 24. The bond executed by said Wharfinger shall be filed iMd.secs. 
 by the Secretary of State among the papers and documents j^^'^^,!'""^'* *" 
 in his charge, and a copy thereof certified under his hand 
 
 and seal shall be evidence of the execution and approval 
 thereof, and shall be good evidence in any court of law or 
 equity in this State. 
 
.322 Harbor, Docks and Wharves. 
 
 Article XXII. — Statutes. 
 
 Ibid, sec. 4. 25. It shall be the duty of the State Wharfinger so ap- 
 
 Dutiesofvharf- pointed to take charge of the wharves which he may be 
 
 directed and authorized to take charge of belonging to, or 
 
 To take charge rented by the State within said city, and to charge and col- 
 or wharves, f o 
 
 lecfe from all vessels and persons resorting to or using any 
 To collect wharf- of Said wharvcs that he may have charge of, the rates of 
 wharfage as are now authorized by any law or ordinance 
 within said city, or may hereafter be established by the 
 Mayor and City Council of Baltimore. 
 
 1865, c. 12. 26. He sliall be vested with the same powers in regard to 
 
 His power over the carc of said wharves, or such part thereof as may be 
 
 wharves, \essel3 
 
 *":. under his care and direction, and the regulating of vessels 
 
 and persons resorting to and using them, as any harbor mas- 
 ter or other officer within the city of Baltimore ; and any of 
 said persons who shall refuse or neglect to obey his orders, 
 given in the execution of his said powers, shall pay and forfeit 
 
 Fines. to this State the same fine that in the like case a person who 
 
 should refuse or neglect to obey the orders of any harbor 
 master within the said city, would by virtue of the ordinances 
 of the city of Baltimore, pay and forfeit to the said city. He 
 shall also be vested with the same powers in regard to the 
 collection of wharfage and of fines and penalties as any har- 
 bor master within the said city. 
 
 p. G. L.,art. 97, 2*7 .He shall deposit monthly, in such banks as the Treas- 
 To deposit re- urcr shall designate, to the credit of the Treasurer, four-fifth 
 
 ceipts, and 
 
 where and how. part of the amouut of all moneys which he shall collect from 
 Compensation, time to time for wharfage, retaining one-fifth as a compen- 
 sation for collecting the same. 
 
 Ibid, sec. 7. 28. He shall, on the first day of May and November in 
 
 each year, ren 
 all money coll 
 ing half year. 
 
 To account to . cach ycar, render upon oath to the Treasurer, an account of 
 when. ' all money collected by him for wharfage during the precede 
 
Harbob, Dooks and Wharves. 323 
 
 Article XXII.— Statutes. 
 
 29. He shall take care of, and preserve from injury, all ibid, sees. 
 wharves placed under his direction belonging to, or rented to preserve 
 
 whsrvcs from 
 
 hy, or for the State, and shall have all necessary control of ininry- 
 the same for that purpose. 
 
 30. He may collect all wharfage accruing to the State in iwd, sec. 9. 
 the name of the State of Maryland, before any justice of the how wharfage 
 
 /. . 1 • , to be collected. 
 
 peace or said city. 
 
 31. He shall demand and collect for wharfage on all ves- ibid, sec. lo. 
 sels lying at or opposite to any of the public wharves in what wharfage 
 said city, a tonnage duty of one cent per ton burthen for 
 
 the first tier, two-thirds of a cent per ton for the second tier, 
 and half a cent per ton for all vessels beyond the second tier, 
 for each day or part of a day they shall so lie or remain ; 
 and if any vessel laden with wood shall so lie without land- 
 ing any part of her cargo, no duty other than the tonnage 
 duty above specified shall in that case be demanded by the 
 State Wharfinger. 
 
 32. Whenever wood shall be landed on the wharves be- ibid, sec. ii. 
 longing to the State, the wood inspector (if any such there wood inspector 
 
 1 1 n /• ii to report to 
 
 be. authorized bvlaw to act,) measuring the same shall tortli- wharfinger wood 
 
 ' * ' landed on 
 
 with report to the State Wharfinger the number of cords so wharves. 
 landed, with the name of the vessel from which the same was 
 landed. Whenever lumber shall be landed on said wharves, 
 the inspector of lumber (if any such there be, authorized by 
 law to act,) shall report to the State Wharfinger the quantity Tocoiien 
 
 ' /. 1 /• 1 wharfage on, 
 
 thereof, and he shall exact and collect for wharfage thereon and wuat. 
 ten cents for every thousand feet superficial.* 
 
 33. He shall, in addition to the compensation allowed ibid, sec. 12. 
 him by section twenty-seven, be allowed an annual salary of salary of wharf- 
 two hundred and fifty dollars. 
 
 34. The wharf forming the south side of Pratt street iwd, sec. 13. 
 shall be deemed a public wharf, subject to the regulations of Pr^att s.reet^^^.^ 
 the corporation of Baltimore relative to public wharves, and wharf. 
 
 *The la^s authori7ihg inspection of wood and lumber were repealed by 
 act of 1870, c. 418. See Inspections, Art. XXVIII. 
 
324 Harbor, Docks and Wharves. 
 
 Article XXII.— Statutes. 
 
 shall be under the charge of the State Wharfinger, and sub- 
 ject to the same regulations as other State wharves in said city. 
 
 Ibid, sec, 14. The State Wharfinger may rent any part of the wharf 
 
 What wharf fronting the south end of the State tobacco warehouse, lying 
 
 ■wharfinger may 
 
 rent. between Dugan's and O'Dounell's wharves ; provided, the 
 
 Proviso. said renting will not in his opinion interfere with and delay 
 
 the landing of tobacco at said warehouse, and that no con- 
 tract for said renting shall be for a longer time than one 
 year, and shall be approved by the Governor.* 
 Ibid, sec. 15. 36. No vessel shall be charged any wharfage whilst land- 
 
 wharfagenot ing any tobacco at the State tobacco warehouse mentioned in 
 
 charge,! ble on uj ./ 
 
 CO warehVus^'e'"''' ^^^ prcccding scctiou for inspection ; provided, that if any 
 
 with tobacco. , 
 
 *The act of 1870, c. 355, grants to James S. Morsell, Jr., of Calvert 
 county, Mason L. Weems, George F. Needham, of Baltimore city, and 
 William B. Hill, of Prince George's county, the use, privilege and right of 
 the State tobacco wharf at No. 3 Tobacco Warehouse, in Baltimore city, 
 free of charge, for the term of ten years irom the date of the passage of this 
 > act, for the purpose of building a pier to be used for landing tobacco and 
 
 other county produce, other than cord wood, brought to the city of Balti- 
 more by the Patuxent line of steamers owned by the aforesaid Mason L. 
 Weems ; provided, that but one steamer of said line shall lie at the pier at 
 the same time ; and 
 
 That thirty feet of the aforesaid wharf, and eighty feet of said pier on the 
 south side of said pier, and one half the length of the same, shall be set 
 aside and left exclusively for the use of sail boats bringing tobacco to the 
 State warehouse, and other country produce, other than cord wood, on which 
 said produce or other articles the State Wharfinger shall collect wharfage 
 according to the rate of charges established by the laws of the State, the 
 same to be governed and regulated as the entire wharf is now regulated by 
 the laws of Maryland, and nothing herein contained shall prevent sail vessels 
 from landing tobacco and other country produce, other than cord wood, upon 
 any part of said pier set apart for the use of vessels carrying tobacco, in the 
 absence of said steamers ; provided, said sail boat shall not interfere with the 
 • free ingress and egress of said steamers to and from her side of the pier, and, 
 further, it shall be the duty of the State Wharfinger to enforce the pro- 
 visions of this section ; and 
 
 That the said pier shall be built of good and substantial material, with a 
 good shed thereon, under the supervision of the superintendent of labor and 
 agriculture, and at the expiration of ten years from the date of this act shall 
 revert to the State of Maryland in good condition and repair. 
 
Harbob, Docks and Wharves. 
 
 325 
 
 Article XXII.— Statutes. 
 
 thing other than tobacco is landed, or any cargo is taken on Proviso. 
 board, wharfage shall be charged; and no vessel shall lie at 
 said wharf for a longer time than the tobacco inspectors shall 
 deem reasonable. 
 
 37. The boats having on board tobacco for the inspection iwd, sec. i6. 
 
 houses aforesaid, shall have a preference given to them over Boats with to- 
 il ,1 1 . bacco to have 
 all other boats. preference. 
 
 38. No person shall land any wood or lumber on Pratt ibid, sec. 17. 
 street wharf between Light street and Franklin lane, and the woodanuium- 
 Mayor of the City of Baltimore shall enibrce the provisiuns tobeianued. 
 of this section. 
 
 39. If any person sliall violate the provisions of the last ibid, sec. is. 
 preceding section, he shall be subject to a fine of twenty dol- Penalty. 
 lars, one half to the informer and the other half to the State. 
 
 40. The said fine may be sued for and recovered in the ibid, sec. 19. 
 name of the State before any justice of the peace for said How recovered, 
 city, in the same manner as small debts. 
 
 41. It shall be the duty of every justice of the peace for said ibid, sec. 20. 
 city to make an annual return to the Treasurer of all tines im- Duty of justice 
 
 of the peace. 
 
 posed under the provisions of the aforegoing section, and to re- 
 ceive and pay over the same at the time of making said return. 
 
 42. The Mayor and City Council shall not collect or im- f^i^.^g^." ^''^ ^' 
 pose any tax, duty, toll or wharfage upon any goods, wares fJiron'toVeKT"' 
 
 , ,. ,, , • 1 (• • J.^ „ ,,. latu wharves. 
 
 or merchandise, or other articles lor passing the same over 
 any of the public wharves within the said city, but the said 
 corporation may regulate by ordinance 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. 
 
 43. The Mayor and City Council may regulate, establish ibid, .sec. 945. 
 and collect, for the use of the city, such rate of wharfage as lutc of wharf- 
 they may think reasonable from all vessels resorting to or 
 
326 Harbor, Docks and Wharves. 
 
 Article XXII. — Statutes. 
 
 lying at, landing, depositing or transporting goods or 
 articles other than the productions of this State on any wharf 
 belonging to the city, or any public wharf in the said city 
 other than wharves belonging to or rented by tlie State, and 
 that part of Pratt street wharf reserved for the use of the 
 State.* 
 
 WOOD ON WHARVES. 
 
 p L. L.,art. 4, 44. Any person who shall charge, exact or receive more 
 
 sec. cfDl> 
 
 Penalty for ex- than SIX and a (luarter cents upon each cord of wood landed 
 
 cessive wharf- 
 
 ageonwood. upon any wharf in the said city shall, upon com})laint and 
 conviction thereof before any justice of the jteace for said 
 city, be fined not less than five nor more than ten dollars 
 in each case ; one-half to the informer and the other half 
 to the State, to be recovered as fines imposed by the courts 
 of this State. 
 
 Ibid, sec. 952. 45. Any pcrsou carrying wood to Baltimore for sale may 
 Wood may be land the samc UDOU the State wharves whenever permitted 
 
 lauded on State 
 
 interfere with*" ^" ^^^ ^^ ^^ ^"^ tobacco inspector in the warehouse to wliich 
 tobacco. |.|^^ wharf is attached, but such permission shall not inter- 
 
 fere with that portion of the public wharves set apart for 
 the use of boats laden with tobacco. 
 
 * The collection of wharfage upon the public wharves is a fit subject of 
 legislation, and by 1837, c. 162, s. 4, (sec. 43, above,) the city of Baltimore 
 may charge, collect and recover bj' suit such wharfage. City of Bait. v. WMte, 
 2 Gill, 444. Over wharfage collected at private wharves, or wharves other 
 than those owned by the city of Baltimore, or made at the ends or sides of 
 public streets, lanes or alleys, the city officers have no control. . Its imposi- 
 tion and collection is the exclusive privilege of the wharf owners. It is 
 otherwise with wharfage collected at wharves owned by the city, or at the 
 ends or sides of the streets, lanes or alleys ; all these are called public wharves. 
 Dugan v. Mayoi', &c. 5 G. & J. 374. As to wharves at the port of Balti- 
 more, &c., see Ilarrimn v. Sterrett, 4 H. tS; McH., 540 ; GiraucVs lesaee v. 
 Hu{i1m, 1 G. & J., 349 ; Dugan v. Mayor, &c. of Bait., 5 G. & J., 357 ; Wharf 
 aise, 3B1., 361; Bait. v. McKim, ibid, 453; Wilson'' s lessee v. Inloes, 11 G. & 
 J., 351, and 1 Gill, 430; Hammond's lessee v. Inloes, 4 Md. 138, and Patterson 
 V. GcMon, 33 Md. 433. 
 
Habbob, Docks and Whaeves. 327 
 
 Article XXII.— Statutes. 
 
 46. The person landing wood upon the public wharves wn, sec. 953. 
 under the preceding section shall pay to the tobacco in- wharfage on 
 specter the sum of six and a quarter cents a cord, to be by 
 
 the said inspector paid into the treasury, and the inspector 
 shall be allowed twenty per cent, upon the money so re- 
 ceived and paid into the treasury. 
 
 HARBOR AND RIVER RELIEF BOARD. 
 
 47. The president of the Board of Trade of the city of i867,c.248, 3. 1. 
 Baltimore, and the president of the Corn and Flour Exchange incorporated. 
 of the city of Baltimore, for the time being, together with 
 
 one other person, to be from time to time delegated therefor, 
 by a majority of the presidents of the several Marine Insu- 
 rance Companies, incorporated by or under the laws of the 
 State of Maryland, and having their offices in the city of 
 Baltimore, are hereby created and constituted a board of 
 commissioners to be styled the Harbor and River Relief 
 Board of Baltimore. 
 
 48. It shall be the duty of the said board, and they are ib.d, s.2. 
 hereby authorized and directed to contract for and cause to Duty offboard. 
 be constructed in the city of Baltimore, on the most advan- 
 tageous terms according to their judgment, a first class 
 
 steam vessel of such model and with such machinery and 
 e.iuipmentas they may deem most suitable for the purpose of vessel to^ueep 
 keeping open and free from ice, the harbor of the city of f-m-ce. 
 Baltimore and the access thereto in all weather and under 
 all circumstances. 
 
 49 The said board are further authorized and directed to ibid, s. 3. 
 appoint a suitable superintendent of the construction and su^-i^^^^^^^^^^^^ 
 management of the said steamer, as well as suitable officers 
 and crew for her navigation, at such reasonable salaries as 
 the said board may determine, subject to removal, in the 
 discretion of said board, and also to make, and cause to be 
 obeyed and executed, all such rules and regulations as they 
 
328 
 
 Harbor, Docks and Wharves. 
 
 Article XXII.— Statutes. 
 
 may consider necessary and pro[)er fur the control and di- 
 rection of the said steamer and all persons connected with 
 her in and about the service aforesaid. And the said board 
 
 How vessel to are fuithor required to cause the said steamer to be employ- 
 be employed. i. •/ 
 
 ed, so far as they may deem prudent and pro[)er, during 
 the season when the said harbor may be unobstructed, in 
 towing vessels and aiding and promoting the ingress and 
 egress of the same to and from the said harbor, and in and 
 upon the Chesapeake bay and Patapsco river, at such moderate 
 rates as they may establish, regard being had to the in- 
 ProTiso. terests and facilities of commerce ; provided, always, that 
 
 said steamer shall not be so employed in anywise during 
 the season when her services as an ice breaker shall be need- 
 ed, except in the case of vessels in distress bound to ori'rom 
 said city, in which service she may be employed by the 
 board at any time when her services, if any, shall be com- 
 pensated only as in the nature of towage, and not salvage 
 services. 
 
 Ibid, s. 4. 
 
 Reports to Leg- 
 i>slature and 
 Mayor and 
 Council. 
 
 Annual state- 
 ments of re- 
 ceipts and ex- 
 penditures. 
 
 What to be paid 
 into treasury, 
 &c. 
 
 Ibid, s. 5. 
 
 Requisitions 
 ior money upon 
 Comptroller of 
 State and city 
 Register. 
 
 50. A majority of said board shall constitute a quorum, 
 and determine the action of the same ; they shall report their 
 proceedings to the General Assemly and the Mayor and City 
 Council of Baltimore, at the regular sessions thereof, and 
 shall render an annual account of their receipts and disburse- 
 ments to the accounting officers of the State and city respec- 
 tively, as soon as may be after the first of January in each 
 and every year, and pay over into the respective treasuries 
 of the State and city, one-half to each, of all the surplus 
 from appropriations and earnings which may be in their 
 hands and may not be required for the efficient discharge of 
 the duties by this act imposed ui^on them in their judgment. 
 
 51. The said board are authorized and required, from 
 time to time, as may be necessary, to -make requisition upon 
 the Comptroller of the Treasury of the State and the Register 
 of the City of Baltimore, respectively, for such amounts, not 
 
Harbor, Docks and Wharves. 329 
 
 Article XXII.— Statutes. 
 
 exceeding one liundred and fifty thousand dollars in all, 
 and to 1)0 paid by the State and city equally, as the construc- 
 tion of the said steamer may require, and to be expended in 
 and about the same, and in like manner to make requisi- 
 tions for the annual amount of ten thousand dollars, to be 
 paid by the city as aforesaid, or so much thereof as may be 
 required for the efficient navigation and use of the said 
 steamer for tlie purposes aforesaid in each and every year ; 
 and the Comptroller is hereby authori'^ed and directed, upon 
 receiving such requisitions from the said board, from time to 
 time, in conformity herewith, to issue his warrant to the 
 Treasurer for the payment of the moneys so required, and 
 hereby a])propriated on the part of the State ; and tlie Reg- 
 ister of the City of Baltimore isi hereby authorized and 
 required to answer and pay the said requisitions, when made 
 in conformity herewith, from time to time, for which end the 
 Mayor and City Council of Baltimore are hereby required 
 and authorized to make provision ibr the same by proj^er 
 assessment and levy, from time to time, in the usual way.* 
 
 *Thc Register was directed by Res. No. 131, April 8, '68, and No. 146, 
 April 24, '68, to pay all sums within above provisions, on requisition of the 
 commission. 
 
 Ord. No. 40, June 10, 1867, recited tiiat by the act of Assembly of 1867, 
 c. 343, it is made the duty of the Comptroller of the Treasury of the State and 
 the Register of the City, to i)ay over to the board, authorizc<l and constituted 
 by said act, such amount, not to exceed the sum of one hundred and fifty thou- 
 sand dollars in all, said sum to be paid by the State and city equally, as the 
 same may be required, for the purpose of constructing in the city of Balti- 
 more a first-class steam vessel, for the purpose of keeping open and free 
 from ice the harbor of said city, and the access thereto, in all weather and 
 under all circumstances; and that the board authorized by said act has 
 been organized by the selection of A. Schumacher, Israel M. Parr and 
 Francis W. Wilson, as commission under said act, who have made an appli- 
 cation to the Mayor and City Council for an appropriation to carry into 
 effect said act of assembly; then, it enacts that the sum of seventy-five 
 thousand dollars be appropriated, and placed in the hands of the Register 
 of the City, to be by him set apart as a special fund for the purpose of meet- 
 ing such requisitions as may be made upon him from time to time by the 
 
330 Harbor, Docks and Wharves. 
 
 Article XXII.— Statutes. 
 Use of city If at anytime the said board shall deem it necessary or 
 
 wharf property, 
 
 proper to use any of the wharf property belonging to the city 
 of Baltimore for the purpose of tlie said steamer and her 
 operations, they shall be entitled to the use of the same free 
 of all charge. 
 
 Ibid, s. 6. 52. This act shall not fail or cease to have operation and 
 
 Powers of cfFect bccause of any failure or neglect on the part of the 
 
 board. _ ^ "^ -^ 
 
 presidents of the Marine Insurance Companies of the city of 
 Baltimore aforesaid to delegate or appoint a person to act as 
 a member of the said board, as in section forty-seven hereof 
 provided ; and in case the said presidents shall fail or neglect 
 to make such delegation or appointment witliin thirty days 
 from the passage of this act, the remaining members of the 
 said board shall be clothefl with and entitled to exercise the 
 powers hereby on said board conferred until such appoint- 
 ment or delegation shall have been made, and if after the 
 making of such ai)pointment or delegation, there should be 
 
 Board of Commissioners authorized to act under said law, in the construc- 
 tion of the steam ice boat in said act mentioned ; provided, before- the City- 
 Register shall pay the said Board of Commissioners, or to their order, any 
 part or portion of the money hereby appropriated, he shall first be satisfied, 
 by the written certificate of said board, that an amount equal to the amount 
 required at the hands of said Register has already been paid to said board 
 on the part of the State of Maryland, by the Treasurer, or other proper officer 
 of the State, as provided in said law, it being intended that the City Register 
 shall in all cases be satisfied that the Treasurer of the State has paid to said 
 board an amount equal to the demands made on the Register, before he shall 
 be authorized to pay to said board any part or portion of this appropriation. 
 And that in order to meet the disbursements required by this ordinance, the 
 Commissioners of Finance be authorized and directed to issue from time to 
 time, in suchsuins as the Register may require, seventy -five thousand dol- 
 lars, or so much thereof as may be necessary, of the six per cent, slock of 
 the City of Baltimore, interest payable quarterly on the first days of Jan. 
 uary, April, July and October, in each and every year, and redeemable at 
 the pleasure of the Mayor and City Councifof Baltimore, after the first day 
 of July, in the year eighteen hundred and ninety ; and should said stock 
 command a premium, the amount received for premium sliall be paid over 
 by the Register to the Commissioners of Finance, to be added to the general 
 sinking fund for the redemption of the city debt. 
 
Haeboe, Docks and Whakves. 331 
 
 Article XXII.— Statutes. 
 
 a failure or neglect to re appoint at any time thereafter, the 
 person then a member of said board, by reason of such ap- 
 pointment or delegation, sliall hold until his successor shall 
 have been appointed, and in case of his death, resignation, 
 refusal or failure to act, or removal from the State, the said 
 remaining members of the board shall constitute and act as 
 said board until some person shall have oeen appointed, as 
 aforesaid, in his stead, a majority of said board to control, 
 as hereinbefore provided. 
 
 53. No member of the said board shall have or receive any ibid, s. 7. 
 salary or compensation, directly or indirectly, for his services Members to re- 
 as such, or be interested in any contract made by or under &"''^ "" ^*^"y' 
 said board in auy way, and before acting under the pro- 
 visions hereof, each and every member of the said board 
 shall make and sign an oath before some person duly au- oath. 
 thorized by law to administer oaths and affirmations, that 
 he will in no case and under no pretext, appoint or remove 
 any person under the said board, or give to or take from any 
 person whatsoever any contract or advantage under the 
 same, for or on account of the political opinions of such 
 person, or for any other cause or reason than the fitness or 
 unfitness of such person so appointed or removed, or so hav- 
 ing or receiving such contract or advantage to discharge or 
 perform the duty connected therewith, or the fidelity of the 
 said person in discharging or performing the same ; said oath 
 duly subscribed shall be recorded in the office of the clerk oathtobere- 
 
 corded. 
 
 of the Superior Court of the City of Baltimore, who shall 
 be entitled to the usual fees for recording the same, and Fees. 
 whose certificate thereof, under his seal, shall be due evi- Evidence, 
 dence thereof at law and in equity. 
 
 Basin Nuisance.— The Act of 1876, c. 176, recites that it has been repre- 
 sented to the General Assembly tliat the sewage of the city of Baltimore 
 has been for many years discharged into the waters of the harbor thereof, 
 and that the said waters have thereby become so polluted as to endanger the 
 
332 
 
 Harbor, Docks and Wharves. 
 
 Article XXII.— Ordinances. 
 
 ORDINANCES . 
 
 HARBOR BOARD. 
 
 No. 28, Mar. 24, 1. There shall he appointed, as other city officers are 
 Appointment appointed, a board of six commissioners, who shall serve 
 
 of Harbor . 
 
 without pay, and who shall he residents of the city of 
 Baltimore, who, with the Mayor,, shall be styled the Harbor 
 Board of Baltimore, said commissioners to be men of nn- 
 d(mbted character, and selected with a view to skill and 
 efficiency. The said commissioners, immediately after their 
 
 Board. 
 
 Of whom to 
 consist. 
 
 health of the good people of said city as well as of others resorting thereto 
 for business or pleasure; it then enacts: 
 
 1. That the Mayor and City Council of Baltimore are hereby authorized 
 and required, as soon as possible, to cause all that part of the harbor known 
 as the basin and docks to be thoroughly cleansed by dredging the same to 
 such a uniform depth as may be necessary for the removal of all sediment, 
 and to cause the sewage of the said city to be diverted from the waters of 
 the harbor by the construction of one or more intercepting sewers of suffi- 
 cient capacity to conduct the sewage of the city to some point so remote 
 from the said Iiarbor as not to be liable to be returned thereto by the opera- 
 tion of the tide-water, or otherwise. 
 
 2. That before the dredging of the said basin and the construction of the 
 said sewer shall be begun, the Mayor and City Council shall appoint some 
 competent and skillful person, educated and accredited as a civil engineer, 
 under whose direction the said work shall be executed, and who shall re- 
 ceive for his services payment u,s may be determined by the Mayor and City . 
 Council of said city during the time he shall be employed. 
 
 3. That it shall be the dut}'' of said engineer, after due surveys and exami- 
 nations, to make an estimate of the costs of executing said work, with de- 
 tailed explanations and specifications of the kind of work required both for 
 dredging the basin and constructing the sewer or sewers ; which estimates 
 and specifications shall not pro,ide for a work to exceed in cost the sura of 
 money hereinafter authorized to be expended. 
 
 4. That as soon as the said estimates and specifications shall be completed 
 and reported to the Mayor by the said engineer, it shall be the duty of the 
 Mayor, Register and Comptroller of the City of Baltimore to invite pro- 
 posals for the execution of the various kinds of work required, by advertise- 
 ment thereof in all the daily papers published in the city of Baltimore, 
 giving at least thirty days' notice of the time and place of opening said pro- 
 
Harbor, Docks and Wharves. 333 
 
 Article XXII.— Ordinances. 
 
 appointment, shall draw for their respective terms of office, Terms oi office. 
 
 three for tlie term of four years and three for two years, 
 
 and every second year thereafter, in the month of February, 
 
 there sliall be appointed in the same manner three persons, 
 
 who shall serve for a term of four years. The Mayor 
 
 shall be the president of said board, and any four members President and 
 
 of said board shall constitute a quorum for the transaction *'"°''"'"" 
 
 of business. 
 
 2 The T^)ard of Commissioners are authorized to receive "''''> '*'*^- '^• 
 
 d,., ,, •!/. ,, ^^ n • Authorized to 
 
 disburse all moneys received from the State from auction receive and dis- 
 burse moneys 
 
 duties, under the provisions of sections 43 and 44 of Ar- ■''''=^.1'"^'^ '''*.•" 
 
 ' ' auction duties. 
 
 po3als, and the said proposals shall be publicly opened by the Mayor in the 
 presence of the Register and Comptroller, and of all the bidders for such work 
 who inay clioose to attend ; and the said work shall be awarded to the lowest 
 responsible bidder or bidders therefor, who, before he or they shall be per- 
 mitted to begin said work sh(?ll enter bond for the faithful performance of 
 their respective contracts, in such penalty and upon such conditions as the 
 Mayor, Comptroller and Register may prescribe. 
 
 5. That if, in the execution of said work, it shall become necessary to use 
 or take possession of the property of any person or corporation, and the 
 owner or owners thereof shall refuse to grant tlie use of the same for a 
 price to be agreed upon by the Mayor, Register and Comptroller of the City 
 of Baltiniore, it shall be lawful to condemn the property so needed for the 
 construction of the said work in the name and on behalf of the Mayor and 
 City Council of Baltimore, in the same manner as has been provided for the 
 condemnation of lands needed for the use of the Baltimore and Ohio Rail- 
 road Company, by the act of the General Assembly incorporating said 
 company and its supplements. 
 
 6. That in order to provide the means for the execution of the said work, 
 the Mayor and City Council of Baltimore are hereby authorized to issue the 
 bonds of the said Mayor and City Council for an amount not exceeding one 
 million of dollars, from time to time as the same maybe required in the 
 course of the work ; the said bonds to be issued in sums of not less than one 
 hundred dollars each, to be redeemable in forty years, and to bear interest 
 at the rate of six per cent, payable quarterly, and to be transferable as other 
 city bonds now outstanding are transferred ; provided however, that such 
 bonds shall not be issued until an ordinance providing for the issue thereof 
 shall be submitted to the legal voters of the city of Baltimore, at such time 
 and place as may be fixed by said ordinance, and be approved by a majority 
 of the votes cast at such time and place. 
 
334 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 How such tide VI, entitled Auctions, [p. 105, ante,'] the same to be ap- 
 
 moneys applied . ' . . . . 
 
 plied to deepening and improving the cliannel ol" the Chesa- 
 peake bay and Patapsco river below Fort Mclienry and the 
 harbor of Baltimore city, according to their best skill and 
 judgment. 
 
 No. 121, Junes, 3. The Harbor Board shall annually advertise lor not 
 
 '76; No. 101, s. 
 
 7, June a, '76. less tliau ten days in two of the daily papers having the 
 Advertisements largest circulation loublished in Baltimore city, for proposals 
 
 lor proposals for _ 
 
 work in harbor for all tlic ncccssary Avorlv in the harbor and in the channels 
 
 and channels ot "^ 
 
 and'prtTiKsco*'*' of the Chesapeake buy and Patapsco river, below Fort 
 AilHiMfry^ ^"^ McHcnry, for the ensuing year, specifying the probable 
 number of cubic yards of solid matter to be removed by 
 dredging, and the character of all other works of the de- 
 partment, that all mud and sediment is to be removed to a 
 point distant from the city, so that it or any portion there- 
 of, shall not flow into any of the channels of the Chesapeake 
 bay, or Patapsco river ; and that none but Baltimoie labor 
 shall be employed by the contractors ; all bids shall be 
 Bids to he open- opened iu public, on the day and hour named in the adver- 
 
 ed in puhlic. 
 
 tisement ; any bidder of known capacity, responsibility and 
 
 integrity, shall have the privilege of handing in his bid and 
 
 of being present at the opening and reading of the said bids, 
 
 To whom con- and the contract awarded to tlie lowest responsible bidder. 
 
 tracts awarded. 
 
 The board may reserve the right to reject any or all bids, 
 and in the event of such rejection the board shall advertise 
 as before for proposals for a period of ten days in two of the 
 daily newspapers i)ublished in the city of Baltimore, and 
 When no ar- in the cvcut that no acceptable bid shall be obtained, the 
 
 ceptable bid ob- 
 tained, said board shall proceed to have the work necessary to be 
 
 accomplished done in such manner as in their judgment may 
 
 be most conducive to the interests of the city. 
 
 Ibid, s. 3. 4. The said Harbor Board in giving out by contract any 
 
 Avoidance of portiou of the work in their department, shall reserve to 
 
 obstruction or '■ 
 
 interference to tlicmsolves tho right to coutrol and regulate the manner of 
 
 vessels on busi- o n 
 
 '*"^' performing such work or carrying out such contract, so as 
 
Haruor, Docks and Wharves. 335 
 
 Article XXII. — Ordinances. 
 
 to guartl against giving any unnecessary obstruction or inter- 
 ference to the ingress or egress of" vessels or other legitimate 
 business carried on in the harbor. 
 
 5. All l)ids must be accompanied witli the names of at xo. 38. s 3. 
 least two responsible sureties, with their affidavits that they HowbMstobe 
 
 , accompanied. 
 
 will become sureties in the event of the bid being accepted. 
 
 In all cases where a contract shall beawaded, the board 
 
 shall require a good and sufficient bond in double the amount Bona 
 
 of the award for the faithful performance of the work, and 
 
 in addition shall retain twenty {)er centain of all moneys what p??- 
 
 cenliini to be re- 
 
 due before the completion of the contract, to be forfeited to tained. 
 
 the city of Baltimore in the event of the contractors' non 
 
 compliance with all tlie terms of the contract. No contract 
 
 shall be binding on the city until the bond is approved, 
 
 and it shall be the duty of the City Solicitor to certify to the city solicitor to 
 
 '' certify to bond. 
 
 board that the bond is in duo legal form before the approval 
 thereof. 
 
 6. It shall be the duty of the said board to meet once in ibid, 3. 4. 
 each month, and oftener if renuired, to mature and decide Meetings of 
 
 ' '■ _ board. 
 
 upon all plans in reference to the general policy, details and 
 management of all matters of the department. 
 
 7. The board sliall provide suitable books, in which theibid.s.s. 
 general accounts shall be regularly entered and posted, show- Annuaireport 
 
 o try - . t" Mayor and 
 
 ino- in detail all the transactions of the department. A city council. 
 statement of said general accounts sliall be made at each 
 monthly meeting of the board, and the board shall, on or 
 before the twenty-fifty day of January, annually, i)resent to 
 the Mayor and City Cinincil a full statement of the work of 
 the department for the year, and of the condition of the 
 harbor, and all matters connected therewith, and a state- 
 ment of the general accounts, and of all receipts and dis- 
 bursements for the preceding year, together with any 
 information or suggestions the board may deem important. 
 
386 Hakbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 Ibid, s. G. 8. No member of the said board, and no person ap- 
 
 No member of pointed to office uudef this ordinance, shall be interested 
 
 board to be in- i • ^ • i • 
 
 terested in con- under anv contract, bargain, sale orao^reement in relation to 
 
 tracts, &c. in •' 7 & ? o 
 
 onthrhlrbor"''' ^^^® work on the harbor or channels of the Chesapeake bay 
 *''■ and Patapsco river, or any matter or thing connected there- 
 
 with, wherein the city is interested; and any contracts, 
 bargains, sales or agreements made in violation of this sec- 
 when contracts tion sliall 1)6 Utterly void as to the city, and the office 
 
 void and otfice 
 
 vacated. vacatcd by the party interested in any of said matters in 
 
 violation of this section. 
 
 Ibid, s. 7. 9. That said Harbor Board shall have power to appoint, 
 
 Appointment of (and at tlicir pleasure to remove and discharge) one civil 
 
 civil eiignieer, . 
 
 cleric and super- engineer, one clerk, and the necessary number of supervisors 
 
 visors of dred- o / / j i 
 
 ge.s.&c. ^.Q superintend the work of the dredges or machines, and the 
 
 removal of the mud and sediment ; all of said employees to 
 
 Oath. be sworn to a faithful performance of their work ; the clerk 
 
 Duties. to keep a just and true account of all the transactions of the 
 
 department, and of work done by the contractors ; the en- 
 gineer to direct and supervise tiie woik of the department 
 under the direction of the board ; the supervisors to see 
 that tlie scows are filled with solid matter, and to keep a 
 just and true account of the number of cubic yards of solid 
 matter removed by the contractors each day^ and report the 
 same to the clerk daily, and render a monthly account of 
 the same to the board under oath ; and the said board shall 
 
 Salaries. name the respective salaries to be paid to all employees 
 
 under their control and supervision, said salaries to be paid 
 
 Assignments to monthly ; and the said board may assign any employee 
 
 work. J 1 • 
 
 under their control to any other work than that above men- 
 tioned, and at tlieir pleasure remove and discharge the same. 
 Bonds to be ap- The said board shall require bonds of the engineer, clerk 
 
 proved by . 
 
 Mayor. and supcrvisois, to be approved by the Mayor, in such penal 
 
 sura as they may deem sufficient to protect the public in- 
 terests. 
 
Haeboe, Docks and Whaeves. 337 
 
 Article XXII.— Ordinances. 
 
 10. It shall be the duty of the engineer to make monthly ma, s. 8. 
 
 reports under oath of the work of the department, and he Duty of the En- 
 gineer. 
 shall annually make soundings of the harbor, and report soundings of 
 
 harbor. 
 
 the condition of the same, with the depth of the water at all 
 points, to the said Harbor Board, the same to be transmitted 
 to the Mayor and City Council. 
 
 11. All the property, machinery and eifects belonging iwd, s. 9. 
 to the Port Warden's department and City Yard shall be Property of 
 
 ^ •' Port Warden's 
 
 under the charge and control of the said Harbor Board, but <i«partiuent. 
 with no power in the said board to sell the same, except by 
 the direct autliority of tlie Mayor and City Council.* 
 
 12. The Harbor Board of Baltimore is hereby empowered no loi, s. i, 
 
 June 2, '76. 
 
 and directed to cause to be removed, in such time as they Authority of 
 
 board as to ves- 
 
 may think reasonable, all vessels which now are, or may •^«';y^';i°'' »■» 
 hereafter be sunk in the harbor or port of Baltimore ; and 
 in case the owner or owners of such sunken vessels sliall re- 
 fuse or neglect to remove the same, when directed to do so 
 by the said Harbor Board, he or they shall forfeit and pay 
 a fine of ten dollars per day, for the use of the corporation, ^l.l^,^y^^"^l^_ 
 for every day the said vessel shall remain, after due notice ^^^",';'j:"'"^- 
 as aforesaid ; and in case the owner or agent of such sunken 
 vessel cannot be found, then the Harbor Board are hereby 
 authorized and directed to proceed to remove said vessel, when^board to 
 and draw on the Register for the sum necessary to perform 
 that duty, said sum of money to be taken out of any money 
 in the treasury not otherwise appropriated, and as soon as 
 the owners or agent of such sunken vessel so removed shall 
 be found, the City Counselor shall be directed by the Mayor when^cuy^ 
 to proceed and recover by law the amount expended for the brmg suit. 
 
 * By this ordinance No. 28, Mar. 24, 1876, the office of Port Warden was 
 abolislied; also the commission for deepening and improving the channel 
 of Chesapeake Bay and the Patapsco River, and the Patapsco River Im- 
 provement Board ; these trusts being now reposed in the Harbor Board. 
 
338 Harbor, Docks and Wpiarves. 
 
 Article XXII. — Ordinances. 
 
 removal of said vessel, and also such fines as tliey may he 
 liable to under the {)rovisions of this ordinance. 
 
 Ibid, s. 2. 13. If on examination by the said Harbor Board, it shall 
 
 Encroachments be discovered that encroachments have been made upon tlie 
 
 on liarbor. 
 
 harbor by any person or persons who have or have not ob- 
 tained, or may or may not hereafter obtain permission to make, 
 build or extend a pier or wharf, it shall be the duty of said 
 
 Duty of Mayor, board to report the same to the Mayor, who shall notify such 
 person or persons to discontinue said encroachment, and in the 
 
 Suit. event of failure to discontinue, shall direct suit to be instituted 
 
 against such person or persons, or shall report the same to the 
 Council. 
 
 Ibid, s. 3. 14. It shall be the duty of said Harbor Board to cause all 
 
 Building or re- public wharvcs to be rebuilt and repaired, when in their opin- 
 
 pairlDg wharves , , i i -li t i i 
 
 ion the same may be necessary ; to cause to be built solid and 
 substantial wharves, of durable materials, at the end or termi- 
 nation of all streets, lanes or alleys leading to or binding on 
 the harbor or Jones' Falls, when the same may be proper and 
 
 Kxamination of neccssary ; to examine all private wharves, especially those 
 
 pnvaew arves p^jjg^j.,^g|.gj ^f wood, and should any be found, or hereafter be- 
 come, decayed or defective, or from any other cause likely to 
 be injurious to navigation or to health, the said Harbor Board 
 shall require the same to be rebuilt or repaired witliin a rea- 
 
 Noticetore- sonablo time, to be prescribed by them in a written notice, to 
 or repair. ^^ ggryed ou the owncr, agent or occupiers of such wharf, and 
 they shall also require the owners, agents or occupiers of lots 
 binding on or running to the harbor, to cause the same to be 
 secured in such manner as the said Harbor Board shall think 
 proper, so that no injury can result therefrom to navigation or 
 to health, giving therefor a reasonable time, to be prescribed 
 in said notice, (not less than thirty days,) to be served on the 
 agent, owner or occupier of such lot or lots, and if the said 
 requisition or requisitions shall not be complied with, he, she 
 
 Penalty. or they shall forfeit and pay ten dollars for every day he, she 
 
I 
 
 Hakbor, Docks and Wharves. 339 
 
 Article XXII. — Ordinances. 
 
 or they shall so neglect, and if the owner is a minor, or cannot 
 be found, it shall be the duty of the Harbor Board to have the 
 wharf or lot secured at the expense of the owner, to be re- Expense of 
 covered by the Mayor and City Council in due course of law. 
 
 15. Whenever any of the present wharves, at which there ibid, s. 4. 
 
 is at common tides ten feet of water, shall require a thorough Repairing beiow 
 
 high water 
 
 repair, or to an extent below what is usually considered high mark. 
 water inark, it is hereby required to be done of stone, under 
 the superintendence of the engineer of the Harbor Board, and 
 at the expense of the owner or owners thereof, and any person 
 or persona neglecting to comply with the provisions of this sec- 
 tion, shall be reported by the said Harbor Board to the Mayor, 
 who in such case is hereby required to proceed forthwith, 
 through the aid of the City Counselor, to obtain an injunction ; injunction. 
 and any person or persons neglecting to comply with the pro- 
 visions of this section shall moreover be subject to a penalty Penalty. 
 of two hundred dollars. 
 
 16. No person shall, without the permission of the Harbor ibid, s. 5. 
 Board, throw or deposit dirt, mud, gravel, stones or other ma- no dirt, stones, 
 
 T-» • T 5 T^ n Sec, to be thrown 
 
 terials in, or on the shores or banks of the Basm, Jones J^alls, jn^basjn^orany 
 Gwynn's Falls, Patapsco river or any other fetream of water ^^^^^^^ 
 within the limits of the city, or within four miles thereof, ^^^^^^ 
 under a penalty of twenty dollars for each offence.* 
 
 IT. The Harbor Board, with the approbation of the Mayor, ibid, s. e. 
 shall have exclusive control over all affairs connected with Exclusive con- 
 the Harbor, and all money appropriated for the same shall be Appropriations. 
 expended under their direction, and be paid by the Register to 
 their order, approved by the Comptroller. 
 
 18. It shall be the duty of the Harbor Board from time to no. 43, June 4, 
 time, when the same shall be necessary, to remove the depos- B<>a^ --ove 
 its of sediment at the mouths of sewers entering into the basm, -ut^s or 
 
 * See Sections 46 and 54 of this Article, p. 347, &c. 
 
340 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 in order to prevent the accumulation thereof from injuring the 
 property or impeding the business operations of all persons 
 contiguous thereto. 
 
 HARBOR AND HARBOR MASTERS. 
 No. 23, 8. 1, R. 19. There shall be appointed, annually, as other city offi- 
 
 O.; No. 18. s. 1, ft 1 J J 
 
 Feb 18. '59; No. cers arc, six Harbor Masters, the first of whom shall perform 
 
 3;J, May 5, '77. ' ' ■ ' 
 
 Harbormasters, thc dutics appertaining to the office on the east side of Jones' 
 Their duties. Falls ; the second on the west side of Jones' Falls, including 
 Block street to the Drawbridge, extending to Commerce street 
 dock, inclusive ; the third from Commerce street dock west, 
 to the east side of Bowly street ; the fourth from the east side 
 of Bowly street to Light street, including Pratt street wharf, 
 and all wharves on the south or west side of the Basin, on 
 which the city has authority to collect wharfage ; the fifth, 
 whose particular duty it shall be to collect tonnage on vessels 
 
 Ice Boat.— By Ordinance No. 33, May 5, 1877, the Harbor Board of Bal- 
 timore is authorized and directed to have constructed as soon as practicable, 
 an ice boat, of such power, capacity and approved plan, as in the judgment 
 of the said board v?ill best accomplish the object required. Tlie sum of one 
 himdred and forty thousand dollars, or so much thereof as may be neces- 
 sary, is appropriated for the purpose of constructing such a first-class ice 
 boat, of iron or wood, as in the judgment of said board may be best adapt- 
 ed to the purpose of the navigation of the waters of the river and bay during 
 the season of obstruction by ice, and of sufficient strength and power to 
 break or crush any ice that would be ever likely to form in our harbor or 
 river. The said board shall, without unnecessary delay, proceed to have 
 constructed, by Baltimore mechanics and laborers, the said ice boat, and 
 the ice boat, when completed, shall be under the control and management 
 of said board, subject to the provisions of such ordinances as may hereafter 
 be enacted by the Mayor and City Council ; and shall be used in aid of the 
 commerce and navigation of the port, and for the purpose of keeping the 
 harbor of Baltimore, and the approaches thereto, free from obstruction by 
 ice in such manner as said board may deem best ; and in all cases of special 
 use of the boat, in the way of relief or otherwise, the board shall liave power to 
 make such charges for her services as may seem to them just and reasonable; 
 and the board shall keep a record of all its proceedings in suitable books, 
 and make a full report thereof annually, in the month of January, to the 
 Mayor and City Council. 
 
Harbok, Docks and Wharvks. 341 
 
 Article XXII.— Ordinances. 
 
 and wharfage on merchandise, &c,, on all that part of the city 
 wharf pro})erty known as the City Dock and Jones' Falls, the 
 same lying inside of the drawbridge ; and a sixth, who shall per- 
 perform the duties of the office of harbor master, in that portion 
 of the harbor known as the south, west and middle branches 
 of the Patapsco river. 
 
 20. It shall be the duty of the six harbor masters, to make No.sa.s. 2,May 
 
 5 '77. 
 
 a monthly return under oath, and to pay all money collected Return from 
 by him to the City Kegister, who shall be authorized and di- master to 
 
 •^ J O 1 ^ Register. 
 
 rected to pay to the said harbor master, as compensation for 
 his services, twenty per cent, on all wharfage and tonnage due Hiscompensa- 
 and collected by him ; the amount thus collected to be kept 
 separate from that collected by the other harbor masters ; and 
 the compensation hereby authorized to be allowed to him to be 
 twenty per cent, of his collections, and in no wise to interfere 
 with the amount of compensation received by the five har- 
 bor masters aforementioned. 
 
 21. The rates of wharfage shall be such as are provided in no i8.s.2,Feb. 
 this article, and upon lumber, firewood, &c., they shall be as s.'i.'ee. 
 follows within the limits prescribed for the said fifth men- Rates of wharf- 
 tioned harbor master. On lumber and timber one cent perLumberaud 
 
 firewood. 
 
 thousand feet for each and every day the same shall remam on 
 the wharf ; shingles one-half of a cent per thousand for each 
 and every day ; laths one fourth of a cent per thousand for each 
 and every day ; firewood one cent per cord for each and every 
 day. 
 
 22. Whenever the said fifth mentioned harbor master shall ibid, s. 3. 
 require the owner or agent of any lumber, timber, shingles. Notice to^r^e-^^ 
 laths, or firewood to remove the same, he shall give five days &c. 
 notice to remove the same, and if the same is not removed 
 
 within the time specified, the owner, consignee, or agent shall Penalty, 
 be subject to the fines imposed by this article. 
 
342 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 Ibid, s. 4. 23. The rates named above, shall be charged on all articles 
 
 RaieBtobe occupving the front of the wharf, and for all lumber, firewood, 
 
 charged when , • i i- 
 
 landed sixteen shinirlcs and laths, landed sixtccn tcct or more trom the front 
 
 feet from wharf " 
 
 iront. Qf f jjg wharf, one-half of the above rates shall be charged and 
 
 collected. 
 
 No. ne, Mar. a3, 24. All persons landing lumber and firewood on the City 
 Landing lumber Docl< or Joncs' Falls, shall nse and occupy such parts of said 
 wharf as the said fifth harbor master may direct. 
 
 No. 33, 8. 2, 11. 25. It shall not be lawful for any harbor master or his 
 Harbor master dcputy to be dircctly or indirectly concerned or engaged in 
 deaiin firewood selling firewood, or purchasing it for sale, under a penalty of 
 fifty dollars for each offence. 
 
 Ibid, 8. 3. 26. A tonnage duty of two cents per ton shall be and is 
 
 Tonnage duty, hereby asscsscd and levied upon every vessel of sixty or more 
 Proviso. tons arriving at the port of Baltimore; provided, nevertheless, 
 
 that the sum of money assessed and levied by this section, 
 shall be collected from each vessel but once a month, although 
 she may arrive more frequently, and the harbor masters are 
 hereby authorized to collect tlie same. 
 
 Ibid, s. 4. 27. It shall be the duty of the captain or commander of 
 
 Penalty for re- any vcsscl arriving at the port of Baltimore, and subject to the 
 
 fusing to ex- i -i ■ 
 
 hibit license of payment of tonnage duties, to exhibit to the harbor master, at 
 his request, the enrolment or license of said vessel, in order 
 to ascertain the proper tonnage thereof; and if the captain or 
 commander of such vessel shall refuse to comply with the re- 
 quest of the harbor master, such captain or commander shall 
 forfeit and pay the sum of twenty dollars, and the like sum of 
 twenty dollars for every time such vessel may arrive at the 
 port of Baltimore, until the request of the harbor master is 
 complied with. 
 
 Ibid, s. 5. 28. The captain or commander of any sailing vessel, or ves- 
 
 Penaity for Ob. scl propclled by steam, lying at any wharf, adjoining any pub- 
 
 structiiig in- , ./ o ./ 
 
 gress and egress lie dock, who shall place or caused to be placed, the vessel 
 
 of vessels. ' t J. ' 
 
Harbor, Docks and Wharves. 343 
 
 Article XXII. — Ordinances. 
 
 under his command, so as to obstruct the free ingress or egress 
 of vessels in and out of such public dock, shall forfeit and pay 
 the sum of twenty dollars, and the further sum of ten dollars 
 for each and every hour such obstruction may continue, after 
 notice to remove such vessel has been given to such captain or 
 commander by the harbor master. 
 
 29. It shall not be lawful for any vessel landing or receiv- ibid, s. 6. 
 ing cargo at any of the wharves within the limits of the city, penalty for ne- 
 
 1 • 1 • • J i 1 r- 1 i i.u KlectiiiR to pay 
 
 which IS required to pay wharrago on cargo or vessel to the wharfage. 
 harbor masters of the city of Baltimore, to leave the wharf 
 where said vessel receives or discharges her cargo, without 
 furnishing said harbor master, upon application, with his 
 manifest or bills of lading of cargo, and paying the wharfage 
 on the same, together with wharfage and port charges on the 
 vessel, under a penalty of twenty dollars, to be collected as 
 other small debts are collected, from the captain, commander, 
 owner or consignees of said vessel so offending. 
 
 30. All propellers, barges and canal boats of sixty tons or iwd.s.r. 
 more, in any way engaged in carrying freight, are subject to, Propeiiere, 
 and by this ordinance required to pay tonnage duties and ^^«»|^»>^°»J^t° 
 wharfage, as other vessels are, and the harbor masters are here- 
 by authorized to collect the same. 
 
 31 It shall be the duty of all tlie harbor masters to make ibid.^.s; no. 
 
 ,, J , , 17, Mar. IP, '64; 
 
 monthly returns, on oath, and pay all money collected by them no. is, Feb. is, 
 to the Reo-ister, who shall be authorized and directed to pay Monthly re- 
 
 •^ ' • r i-U • turns to Regis- 
 
 to the several harbor masters, as a compensation tor their ser- ter. 
 vices, twenty per cent, on all wharfage and tonnage ^"^^^s mrbor masters' 
 collected by them, that they are now required by law to collect, 
 to be paid monthly by dividing the same equally amongst them. 
 
 32. The harbor masters are hereby authorized so to regu- ibid, s. 9. 
 late the manner in which all vessels shall lie at any of the ve^ss^eu lyiug at 
 public wharves, that the facilities of discharging and receiv- wharves. 
 ing cargoes may be afforded as generally as possible, and the 
 
344 Haebok, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 public interest most promoted ; and any person having charge 
 of any vessel, refusing or neglecting to obey the harbor master 
 in carrying out the above provision, shall forfeit and })ay a tine 
 of five dollars for each and every offence. 
 
 Ibid, 8. 10. 33. It shall be the duty of the person having in charge 
 
 Yards, &c., reg. any vessel lying at any of the public wharves or docks, to 
 
 ulated. 
 
 to\) t!ic yards, rig in the jib-booms, and place the anchor or 
 anchors on the deck of said vessel, whenever required so to do 
 by the harbor master or the occupier of any wharf or his 
 agent; and any person having charge of any vessel, who shall 
 neglect or refuse to obey directions as aforesaid, shall forfeit 
 and pay a fine of five dollars for each and every offence. 
 
 Ibid, s. 11. 34. The harbor master shall collect all wharfage daily, and 
 
 wharf,.ce, how whcncver two days' wharfage is due, and the payment not se- 
 
 collected. . ,, . 
 
 cured to their satisfaction, they shall enforce the payment 
 thereof in the same manner as other city dues are collected. 
 
 Ibid, s. 1-2. 35. The Register of the City is hereby authorized to furnish 
 
 Harbor mas. to tho liarbor inastcr such books as may from time to time be 
 
 ters' books. 
 
 necessary, to keep accounts therein of each vessel, her tonnage, 
 and the name of the master and consignee, which, when filled, 
 or a change of officers takes place, shall be returned to the 
 Register, to be kept in his office. 
 
 Ibid, s. 13. 36. No person in charge of any ship or vessel, shall permit 
 
 Fires on board any fire to bc kept on the deck thereof, while lying at any 
 
 ©f vessels regu- , i i i 
 
 lated. wharf or dock within the city, between the hours of ten o clock 
 
 at night and five o'clock in the. morning, from the first day of 
 April to the first day of October, and between the hours of 
 nine o'clock at night and six o'clock in the morning from the 
 first day of October to the first day of April ; and it shall be 
 the duty of the police officers to visit the bay craft within 
 their respective districts, and give information of this regula- 
 tion to some person on board. 
 
Hakbok, Docks and Wharves. 345 
 
 Article XXII. — Ordinances. 
 
 37. No vessel shall remain at anchor for a longer period ibid, s. 14. 
 than one hour in that part of the harbor lying northwest of Limits in winch 
 
 vessels niay not 
 
 a line drawn from the tcrnnnus of Hull street at the port lemiin at 
 
 ■ anchor. 
 
 warden's line on Locust Point, to the building oti the end of 
 Hughes street, formerly occupied as a turpentine distillery; 
 and the person in charge of any vessel so remaining at anchor, 
 shall forfeit and pay two dollars for every hour such vessel 
 may so remain. 
 
 38. It shall not be Itwful for any vessel drawing more than ibid,s. i.-,. 
 eight feet water, to enter any of the public docks of the city vessels not^ to 
 of Baltimore, without first obtaining permission from the har- J™"^^3^ij,','j""* 
 bor master, whose duty it shall be to provide a suitable berth 
 
 for such vessel ; and any master or skipper of such vessel, 
 entering any of the aforesaid docks without such ])ormission, 
 sliall forfeit and pay, for every such offence, ten dollars, and Penalty. 
 one dollar for each and every hour lie shall obstruct the free 
 passage of said dock thereafter. And it shall be the duty of 
 the harbor master to keep a free passage in such docks for 
 vessels and scows moving in and out of the same. 
 
 39. The harbor masters are hereby authorized and directed, ib.d, s le. 
 
 in pursuance of section 34, statutes, of this article, to put all p;'^",'"' ^'-^ »" 
 the ordinances of the corporation relative to the public 
 wharves in the city in full force on that part of Pratt street 
 wharf heretofore reserved as a free wharf for Maryland ves- 
 sels, to all intents and purposes as the said ordinances are now 
 enforced on all ])ublic wharves, and vessels coming thereto, 
 within the city ; provided, that nothing heroin contained shall Provisos. 
 be construed to exact wharfage from any vessel or vessels 
 belonging to citizens of Maryland, regularly engaged in the 
 bay trade thereof; and provided also, that no boat or vessel 
 shall be permitted to remain at said wharf more than six days 
 at one time, or for the disposal of any one cargo. 
 
346 Hakbob, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 Ibid, s. 17. 40. No vessel shall ever be permitted to remain at the said 
 
 Retaiiin:; KooJs part of Pratt street wharf, for the purpose of retailing any 
 
 prohibited on ' , .. i i i • i • i< t^ i 
 
 said wharf. waros or inerehaudisc whatsoever purchased m the city oi J^al- 
 timore. 
 
 Ibid, s. 18. 41. No vessel shall remain at any of the public wharves 
 
 RetaUing goods for the purposc of retailing any goods, wares or merchandise 
 
 at public . n 
 
 wharves regu- other than the products and manufacture of the State of Mary- 
 land, more than three whole days ; and no vessel shall lie at 
 any of the city wharves for the purpose of retailing dry goods, 
 wares, merchandise or produce, except the same has been 
 brought into port by said vessel, under a penalty of ten dollars, 
 and a further penalty of one dollar for every hour it remains 
 after the master thereof shall have been notified by the harbor 
 master to haul off. 
 
 Ibid, s. 19. 42. No vessel loaded with lumber projecting over the sides 
 
 Certain vessels sliall enter any dock whatever, without the master thereof 
 dock without haviug first obtained the consent of the harbor master so to 
 
 permissiou. 
 
 do, under a penalty of twenty dollars. 
 
 Ibid, sec. 20. 43. No vessel without the permission of the harbor master 
 
 Vessels not to or his dcputy, shall lie in the second tier in any public dock, 
 
 lie in second i .. , /. t i ■ • ^ .i 
 
 tier without unless tor the purpose or discharging cargo into another ves- 
 
 peimisssion. 
 
 sel, under the penalty of live dollars, and one dollar per hour 
 for every hour said vessel shall remain after the master thereof 
 shall have been notified to remove by the harbor master or his 
 deputy, and any vessel thus discharging into another shall re- 
 move, in order to let any other vessel pass in or out of the dock, 
 whenever required by the harbor master, under the same pen- 
 alty for non compliance. 
 
 Ibid, s. 21. 44. It shall be the duty of each harbor master to notify 
 
 Vessels to be tlic owucrs Or consignccs of all vessels lying within his dis- 
 
 pumped out • i i i " i ' • i i 
 
 once a week, trict, to liavc the saiuc jjuinpcd out at least once in each week, 
 between the first day of June and the first day of November, 
 and should such owners or consignees refuse or neglect so to 
 
Harbor, Docks and Wharves. 347 
 
 Article XXII.— Ordinances. 
 
 do, he, she or they so refusing or neglecting, shall forfeit and 
 pay a sum not exceeding twenty dollars, and shall uiorever 
 defray and pay the expenses incurred, should the harbor mas- 
 ter have the same done, which he is hereby directed to do. 
 
 45. The harbor master shall serve or cause to bo served, a ibid.s aa. 
 printed notice on all masters of vessels, except bay craft, witli- noUcos of reg. 
 
 ' J 1 ./ 7 ulalioiis to be 
 
 in twenty-four hours after the arrival of such vessel at the j|^3*'J^'^^y^*g- 
 port of Baltimore, which shall contain all the principal regu- 
 lations of the port, and it shall be the duty to see the same 
 complied with, and the Comptroller is iiereby required to fur- 
 nish the harbor tnasters with such notices. 
 
 46. It shall not be lawful for any person to heave down or ibid, s. aa. 
 clean a vessel at any public wharf within any part of the basin vessels not to 
 
 •' ^ " be hove down, 
 
 or harbor of the port of Baltimore, or land or put on shore on "[^^^.'^^^^-t';;^- 
 any of the said wharves any stones, bricks, ballast, oyster °"' permission, 
 shells, dirt or filth, or to make any fire thereon, without the 
 permission of the harbor master ; and if any person shall be 
 guilty of any of the offences aforesaid, such person shall for- 
 feit and pay a sum not exceeding twenty dollars. 
 
 47. Stone, ballast, sand, manure, oyster shells, ashes, oribid.s.ai. 
 dirt of any kind whatsoever, shall not be taken on board any BaUast^ &^c. noi 
 vessel lying at a city or public wharf, under a penalty of J-;;f. -j^hout 
 twenty dollars, unless the master of said vessel first obtain 
 
 the consent of the harbor master or his deputy thereto, and 
 they are hereby directed, before either of them grant permis- 
 sion as aforesaid, to see that the master of said vessel has 
 taken all necessary precaution to prevent the navigation being 
 injured by any such articles falling therein. 
 
 48. No ballast shall be landed from any vessel between iwd.s. as. 
 the months of May and October, without permission therefor Nor^und^ea^.^ 
 first obtained from the harbor master, under a penalty ofsio"- 
 twenty dollars. 
 
348 
 
 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 ibid.s.ae. 49. All vessels hereafter arriving in the port of Baltimore, 
 
 Vessels in bai- (pubiic vessels and bay craft pnly excepted,) having sand, dirt 
 
 last to haul to a ' ' p • i i 
 
 wharf. or gravel for ballast on board, shall, withm forty-eight hours 
 
 after their arrival, unless prevented by some unavoidable 
 casualty, haul to some public wharf, and continue at such 
 wharf during the time that they retain any such ballast on 
 board ; and every vessel offending herein shall forfeit, for every 
 day this regulation shall be disregarded, the sum of twenty 
 dollars, to be recovered from the captain or consignee of such 
 Proviso. vessel ; provided, that the provisions of this section shall not 
 
 Quarantine. OX tend to any vessel while subject to the quarantine or health 
 regulations, nor to any vessel having emigrants on board, until 
 such vessel shall have been in port fifteen days. 
 
 No. sr., Oct. 6, 
 
 '74. 
 
 Ashes, shells, 
 
 &c. not to be 
 
 tlirown in liar- 
 
 bor. 
 
 Penalty. 
 
 50. It shal 1 not be lawful for any owner, captain, mate or any 
 other person, to throw overboard into the harbor, from any 
 ship, barque, brig, schooner, sloop, pungy, steamboat, barge or 
 canal boat, above the Lazaretto, any ashes, shells, coal, decayed 
 fruit, dead fish, or such carbage as accumulates on any of the 
 above enumerated vessels, or any otiier kind of filth ; and if 
 any person or persons shall violate the provisions of this 
 section, he shall, after conviction before a justice of the peace, 
 forfeit and pay a fine of twenty-five dollars. 
 
 Ibid, s. 9. 51. It shall be the duty of the harbor masters of the 
 
 Duty of harbor scvcral distrlcts of thc city, and the day and night police, to 
 police. lodge information before a justice of the peace of the city of 
 
 Baltimore fur the violation of any of the provisions of the 
 preceding section, that may come under their personal observa- 
 tion.* 
 
 *By this ordinance No. 85, Oct. 6, '74, all owners of private wharves, 
 wlierever situate on thc basin above the mouth of .loncs' Falls, on which 
 there are no wooden platforms raised at least four inches above the bed of 
 the streets, were directed to place in front of such private wharf or wliarvcs 
 a log of the diameter of not less than seven inches, such log to be securely 
 fastened to the wharf in sucli a way as might be directed by the port warden ; 
 
Harbor, Docks and Wharves. 349 
 
 Article XXII. — Ordinances. 
 
 52. If any person shall east or tlirow any ballast, dirt, v'o s, s. le.Feb. 
 oyster-shells or filth into the water, in any part of the basin Baiiast, dirt, 
 
 oyster shells, 
 
 or harbor of the i>ort of Baltimore, above the Lazaretto, or &"<:■ "ot to he 
 
 ' thrown in har- 
 
 on the shore of said basin or harbor below high- water mark, ^°^- 
 or in Jones' Falls within the limits of the city, unless for the 
 making of a wharf after permission obtained for that purpose, 
 and which wharf shall be well and sufficiently enclosed and 
 secured, so as to prevent injury to the navigation, such person 
 or persons so offending shall forfeit and pay for every such 
 offence, a sum not less than twenty nor more than fifty Penalty. 
 dollars. 
 
 53. It shall not be lawful for any person or persons, com- no s.s.is.Feb. 
 panv or corporation, to cast, throw or cause to flow, any fish, Fish, d-.ibs. gas 
 
 ' •' ^ ' ' \ tar, ottal, &c. 
 
 crabs, animal or vegetable matter, gas tar, offal of houses, 
 privies, or filth of any kind, into the waters of Jones' Falls, 
 Harford run, Ohatsworth run, Schroder's run, or any portion 
 of the harbor or Spring Gardens, or any of the streams or 
 sewers running therein, within the limits of the corporation ; 
 and if any company or corporation shall violate any of the 
 provisions of this section, they shall forfeit and pay for the 
 first offence, the sum of twenty dollars, and a further sum of Penalty. 
 twenty dollars for each and every day thereafter, until the 
 nuisance is abated ; and if any person or persons shall violate 
 
 and the port warden was directed to notify all the owners of private wharves, 
 as described in above section of this ordinance, as soon after its passage as 
 practicable, to place logs on said wharves as therein directed ; any owner 
 or owners, trustees, guardians, agent, or any other person having possession, 
 control or management of any private wharves, as hereinbefore described, 
 who should refuse or neglect, thirty days after being notified by the port 
 warden, as herein directed, to place such log on his, her or their wharf or 
 wharves, to pay a fine of twenty-five dollars for such refusal or neglect, 
 and five dollars a day for each and every day thereafter that said wharf or 
 wharves remain without the log, as required by this ordinance; and the 
 port warden was required and directed to have placed on all the wharves 
 owned by the City of Baltimore, above the mouth of Jones' Falls, where 
 there were no wooden platforms raised above the bed of the street, logs similar 
 to those above required for private wharves. 
 
350 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 any of the provisions herein contained, he, she or they shall 
 Penalty. forfeit and pay the sum of ten dollars for the lEirst offence, and 
 
 five dollars for each and every offence thereafter. 
 No. 8, s. 19, Feb. 54, jf the Gas Light Company of Baltimore, or any other 
 Gas liKht com- companv or person shall discharge or cause any water to flow 
 
 pany not to (lis- r J r <=> o 1 j ? 
 
 charge tar or jpto Joncs' Falls, Harford run, Chatsworth run, Schroeder s 
 
 dreg's. 
 
 run, or any portion of the harbor or Spring Gardens, or any 
 
 of the streams or sewers running therein, within the limits of 
 
 this city, in which water there may be any gas tar or other 
 
 lees or dregs, unless the water so discharged shall be so filtered 
 
 or strained as to prevent an accumulation of said tar, lees or 
 
 dregs, in the channel or bed of said Jones' Falls, Harford run, 
 
 Chatsworth run, Schroeder's run, or any portion of the harbor 
 
 or Spring Gardens, or any of the streams or sewers running 
 
 therein, the company or person so offending shall forfeit and 
 
 Penalty. pay a fine of twenty dollars for the first offence, and a further 
 
 penalty of twenty dollars for each and every day the said 
 
 water shall be discharged, without being filtered or strained as 
 
 aforesaid. 
 
 »eSyNo.96,Api. 55, All vessels are compelled to anchor to the northeast 
 
 Anchorage of the auclioragc buoy placed in the northeast part of the 
 
 Where vessels liarbor of Baltimore, on a line from the foot of Fell street to 
 
 to anchor. 
 
 Penally. tiic Lazarctto light-house, or be subject to a fine of ten dollars 
 
 per hour for every hour they may remain at any other anchor- 
 age in the harbor after having been duly notified in writing 
 by the harbor master of said district to anchor inside the above 
 
 Proviso. prescribed limits ; provided, in the event of the prescribed 
 
 space being insufficient to accommodate said vessels, the harbor 
 master shall provide in his discretion other suitable places. 
 
 No. 6, Mar. 14, 56. It shall uot be lawful for any steamship, steamboat or 
 
 Vessels not to Sailing vcsscl of any descHption to anchor in the channel of 
 
 anchor in rhan- ./ 1 - 
 
 neis of harbor the harbor between Fort McHenry and Light street wharf, 
 
 between i ort •' -^ ' 
 
 Ughrst7eet"'* ^"^ ^"J persou in charge of any vessel who shall violate the 
 provisions of this section, after having received three hours' 
 
Harbor, Docks and Wharves. 351 
 
 Article XXII.— Ordinances. 
 
 notice from tlie liarbor master to remove, shall forfeit and pay 
 a penalty of twenty-five dollars, and a further penalty of Penalty 
 twenty dollars for every day such violation shall be continued, 
 to be recovered in the same manner as other fines and penalties 
 are now recoverable. 
 
 WHAKV1ES. 
 
 57. All vessels resorting to or lyiriff at, landino-, dopositinc: no. 94, s. i. r. 
 
 . , , n , . "••. No. .".8, May 
 
 or transporting goods or articles on any wharr or wharves be- ac, 'cc. 
 
 longing to the Mayor and City Council, or any public wharf wharfage. 
 
 in the city of Baltimore, other than the wharves belonging I0 
 
 or rented by the State, and that i)art of Pratt street wharf 
 
 heretofore reserved for the use of the citizens of this State, shall 
 
 pay wharfage according to the Ibllowing rates, viz: there shall charge upon 
 
 ' ■' " r> . CT vessels. 
 
 be charged upon all vessels lying at any of the city wharves, 
 of ten and not exceeding fifty tons measurement, one dollar 
 per diem ; all vessels of fifty and not ejfteeding one hundred 
 tons measurement, one dollar and fifty cents per diem; and 
 all vessels over one hundred and fifty tons measurement, one 
 cent per ton per diem ; and all vessels outside of first tier, half 
 price. Twelve and a half cents .per cord shall be charged charge upon fire 
 
 • . wood. 
 
 upon all firewood landed upon any of the city wharves; said 
 wood, however, not to remain upon the wharf over five days : 
 and all vessels, except those laden with firewood, resorting to 
 or lying at, landing, depositing or transporting goods or articles 
 on any wharf or wharves belonging to or rented by the State, 
 shall pay dockage according to the following rates, viz: those 
 occupying the first tier, shall pay one cent per ton per day ; 
 those occupying the second tier, two-thirds of a cent per ton 
 per day ; and all beyond the seeond tier, half a cent per ton 
 per day. 
 
 58. All vessels occupying the first and second tiers shall no.94,s.2,r.o. 
 pay double the above rates for every day above six, and treble Further rate., of 
 for every day more than twelve, that they shall remain at any 
 of the said public wharves, unless authorized to remain longer 
 
352 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 by the harbor master, detained by ice, or being aground ; in 
 which eases, they shall pay only single wharfage; and the 
 harbor master is hereby authorized to extend the time for all 
 vessels lying at public wharves over the six days mentioned in 
 this section, in all cases when he may think the public interest 
 promoted thereby, when it does not operate injuriously to in- 
 Twoormore dividuals I and if two or more vessels, owned or employed by 
 
 vessels belong- i •/ 1/ 
 
 ing^to the same i\^q game pcrsou or persons, shall occupy the same berth suc- 
 cessively, they shall pay wharfage as if they were one and the 
 same vessel. 
 
 Ibid, s. 3. 59. All goods, wares or merchandise landed on the public 
 
 Rates on goods wharvcs from on board any vessel or vessels lyinar at said 
 
 landed on or, •' ./ o 
 
 pu'bucwha"ves wliarvcs, or placcd thereon for the purpose of shipment or 
 exposure for sale, shall pay the following rates of wharfage 
 for each and every day the same may remain thereon, or 
 any less time, excepting however, firewood and lumber, the 
 rates of which are to be accounted for the whole time allowed 
 by ordinance* for the same to remain on the wharves, to be 
 paid by the owner or consignee, or in event of there being none 
 the master of the vessel, and all goods shipped from one 
 vessel to another, one-half price to be paid by tlie shipper; 
 bags of coffee, ginger, pepper, or any other articles in similar 
 bags, each one cent; bales of merchandise, cotton, dry goods, 
 &c., each four cents; barrels of every description containing 
 merchandise or otherwise, each two cents ; boxes of sugar, dry 
 goods and foreign drugs, gums, &c., each three cents ; boxes of 
 raisins, soap, tin, candles, &c., each one-half cent : castings of 
 all kinds, per ton, fifteen cents; carriages, wagons, or carts, 
 each twelve and one-half cents; coal, per ton of twenty-eight 
 bushels, plaster, &c., five cents; cord wood, per cord, six and 
 one-quarter cents; cordage, per ton, fifteen cents; crates of 
 ware, or hampers of bottles, &c., each four cents; dyewoods of 
 
 * See p. 341, ante. 
 
Hakbok, Docks and Wharves. 353 
 
 Article XXII.— Ordinances. 
 
 all kinds, per ton, fifteen cents; grain, per bushel, and all 
 other articles sold by the bushel, other than the product of the 
 State of Maryland, one-half cent ; grindstones, each one cent ; 
 hides, per hundred, thirty cents; leather per hundred sides, 
 fifteen cents; hoglieads and pipes of every description, con- 
 taining merchandise or otherwise, each six and one-quarter 
 cents; hetnp, iron or steel, per ton, five cents; kegs of nails, 
 shot, raisins, butter, lard, &c., each one cent; mill stones, each 
 twenty-five cents ; salt, in sacks, each one cent; shingles and 
 laths, per thousand, two cents; tierces of every description, 
 containing merchandise or otherwise, each four cents; all other 
 goods not enumerated in the above list, to pay in proportion. 
 
 60. It shall be the duty of the harbor masters to make iwa, s. 4. 
 their returns to tlie Register of all money collected by them, Harbor masters 
 
 ~ to make returns. 
 
 80 as to designate that received from vessels for wharfage or 
 tonnage, and that received from goods, and the names of the 
 vessels from which the same may be collected. 
 
 61. All vessels resorting to or lying at, landing, depositing ibid. s. 5. 
 
 or transuortinsr troods or articles other than the production of vessels which 
 
 ^ 00 ai'c chargeable 
 
 this State, on or from any wharf or wharves belonging to the with cuy wi.arf- 
 Mayor and City Council, or any public wharf in the said city 
 other than the wharves belonging to or rented by the State, 
 shall be chargeable with the wharfage as fixed by this ordi- 
 nance, upon all goods or articles landed or deposited on any 
 wharf or wharves belonging to the said Mayor and City Coun- 
 cil ; and the master or owner of the vessel so depositing, land- Master or owner 
 
 responsible. 
 
 ing or transporting said goods or articles, shall be responsible 
 for the same. 
 
 62. The Mayor is authorized and empowered, if he should ibid.s.e. 
 at anv time find that it would promote the interest of the city power oi the 
 
 J £• ■ 1 Mayor. 
 
 and the convenience of the public, to receive from the owner 
 or consignee of goods or articles so landed and deposited, the 
 amount of wharfage which may be due thereon by the vessel, 
 
354 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 master or owner thereof, in lieu of any charge npon said vessel, 
 to the amount or rate paid by the owner or consignee of said 
 goods, and the said Mayor is further empowered to make such 
 agreements in relation to said wharfage as may be found neces- 
 sary to secure the collection thereof. 
 
 Ibid, 3 7. 63. All goods, wares and merchandise, except articles enh- 
 
 Goods placed jcct to Inspcction, whicli may be placed on any public wharf, 
 
 on the public 
 
 wharves, when shall bc rcmovod ou tlic samc day, under a penalty of twenty 
 
 to be removed. "^ ' i j j 
 
 Articles ex- ccuts for evcry foot the same may occuj)y of the length of the 
 
 ccptcd* 
 
 wharf, and twenty-five cents per foot for every day whicli the 
 said goods, wares or merchandise, or any part thereof, may re- 
 main on said wharf. 
 
 Ibid, s. 8. 64. It shall not be lawful for firewood to remain on any 
 
 Firewoo>i, lum- pubHc wharf inorc than ten daj's, under the penalty of twenty- 
 
 ber, &c., on the , /. i • * i • 
 
 public wharves five ccnts pcr day per front foot of the wharf whicli it mav 
 
 regulated. i ./ i 
 
 occupy, and it shall not be lawful for any lumber, timber, 
 posts, hoop poles, staves, laths or shingles, to remain on any 
 of said wharves, city dock, or the landing on Jones' Falls south 
 of Pratt street, more than twenty days, under a penalty of 
 twenty-five cents per day per foot of said wharf or landing. 
 
 Ibid, s 9. 65. It shall not be lawful for any person or persons to land 
 
 Firewood and ou Bowly's wharf, any firewood or lumber, without the per- 
 
 lumbernotto , • i j • • u 
 
 be landed on mission, in Writing, of tlic harbor master oi the district first 
 
 Bowly's wharf ' °' 
 
 ^^^■^outpoi- iiad and obtained, under a penalty not exceeding twenty dol- 
 lars for every load or part of a load of firewood or lumber so 
 landed, and at no time shall more than one-third of the width 
 of said wharf be occupied or used for the deposit of articles 
 unladen from any vessel. 
 No.58,s.i,May 66. The followiug rates of wharfage shall be charged and 
 Rates of wharf- collected by the several harbor masters: on all lumber landed 
 
 age on lumber. i j i- 
 
 upon any of the city wharves, fifteen cents per thousand leet, 
 and for every ten days said lumber shall be kept upon the 
 wharf, an additional fifteen cents per thousand feet shall be 
 charged and collected. 
 
Harbor, Docks and Wharves. 355 
 
 Article XXII.— Ordinances. 
 
 ace vessels 
 may occupy. 
 
 regu- 
 lated. 
 
 67. No ship or other vessel, boat or scow, shall be permit- ibid.s. 
 ted to uccujjy with cargo, loading or discharging, a greater sp; 
 length of wharf than the hull of said vessel, without the spe- 
 cial permission of the harbor master or his deputy, under a 
 ])enalty of ten dollars, and all scows or other open boats used scows 
 for carrying cargo, shall pay twenty-five cents for each time 
 the said boat or scow shall load or discharge at any of the 
 public wharves; provided, the same shall not remain at the Proviso, 
 wharf more than one day, and if more than one day twenty- 
 five cents for each day, and all open boats or scows shall 
 
 be subject to and regulated by the harbor master, with 
 the approbation of the Mayor. 
 
 68. It shall not be lawful for any person to encroach further iMd, s. 11. 
 
 on Pratt or Light street wharf, with any articles landed thereon, Encroachinf on 
 
 ... . . Pratt and Light 
 
 than eighteen lect, measuring from the inner edge of the logs street wharves. 
 
 or stones of which the said wharves are formed, nor shall any 
 
 article not subject to inspection be permitted to remain on said 
 
 wharves longer than forty-eight hours, under a penalty of ten 
 
 dollars for each and every ofTence, and five dollars for each 
 
 and every day it shall remain thereafter, nor shall any cart, 
 
 dray, wagon or other vehicle, stand on said wharves longer than 
 
 shall be absolutely necessary to load and unload, and all wagons 
 
 loading and unloading, shall be drawn up cloae to and parallel 
 
 with the kerbstones, under a penalty of five dollars for each 
 
 and every offence.* 
 
 *The act.s of 1796, c. 45, 1801, c. 93, and 1805, c. 84, authorized the owners 
 of lots binding on Light street in Baltimore to extend wharves into the basin 
 to a certain line, and provided that sixty feet " of said wharves, when so 
 made out and extended at the end thereof, parallel with the line of Forrest 
 street, shall be deemed taken and considered as a public highway forever 
 thereafter, reserving, nevertheless, to the proprietors of said wharves the bene- 
 fit and advantage of the wharfage thereof, under the limitations aforesaid." 
 The ordinance of 1826, No. 12, section 3, [section 68 above,] declared that it 
 should not be lawful to encroach upon these wharves with any article 
 landed thereon further than eighteen feet, measuring from the inner edge of 
 the logs or stones of which they are formed. But it did not appear that this 
 
366 IIakbok, Ducks and Whakvkb. 
 
 Article XXII. — Ordinances. 
 
 No. 30, Api 5, g9. It shall not be lawful for any person or persons to rank, 
 Firewood, &c., pile, or placc any lire wood, luinbcr. or any article of i^oods or 
 
 on Light street 1 ' ' J ' .J . ^ ^ 
 
 whari. merchandise, on Light street wharf within twenty-iive feet of 
 
 I the kerb-stone, under a penalty of ten dollars for each and 
 
 every offence, and five dollars for each and every day it shall 
 remain thereafter. 
 
 (jrdi nance was ever enforced. By the ordinance of 1869, No. 7, tlie street 
 cunuuissioners were directed " to condemn and widen all that part of Light 
 street, between Pratt and Lee streets, the said widening to be made twenty 
 feet eastwardly from the eastern side of said street." The powers and duties 
 of the street commissioners are detined in the ordinance of 1866, No. 26, the 
 17th section of which provided that they shall be allowed ninety days to 
 complete any proceedings commenced by them under that or any further 
 ordinance, and if they cannot so complete the same, they shall report the 
 fact to the Mayor and City Council, and shall suspend all further proceed- 
 ings until otherwise directed. On a bill for an injunction to restrain the 
 collection of an assessment for the condemnation of the wharfage rights of 
 the proprietors along Light street, made under ordinance of 1869, No. 7, it 
 was held : 
 
 1st. That the acts of 1796, c. 45, 1801, c. 92, and 1805, c. 84, established an 
 incomplete, limited and qualified highway over the wharves, leaving to the 
 proprietors thereof the right to use as much of it as was necessary for the 
 fair and just enjoyment of the privileges granted and reserved to them by 
 those statutes, and it was competent for the city authorities to condemn the 
 rights still remaining in the proprietors, and to assess the benefits arising 
 from such condemnation on the neighboring proprietors. 
 
 2d. That a court of equity will not interfere, on the ground that the 
 damages allowed and benefits assessed in the condemnation were excessive, 
 the remedy of parties objecting on this ground being an appeal. 
 
 M. That in determining what was the eastern line of Light street in the 
 l)hrase " the widening to be made twenty feet easterly from the eastern side 
 of said street," occurring in the ordinance of 1869, No. 7, reference must be 
 had to the state of things existing at the passage of the ordinance, and not 
 to the highway described in the acts of 1796 and 1805. 
 
 4th. That a court of equity will not interfere, on the ground that the street 
 commissioners failed to comply with ordinance of 1866, No. 26, section 17, 
 [now repealed by ordinance No. 54, May 10, '70,] by not completing their work 
 in ninety days, and by completing it afterwards, without first obtaining direc- 
 tion from the city authorities; the remedy of parties objecting on this ground 
 being an appeal from the action of the street commissioners. Hazdhurd et. 
 al. v. Mayor, &c., 37 Md. 199 ; Dashiea v. Mayor &c., 45 Md. 626. 
 
Harbor, Docks and Wharves. 357 
 
 Article XXII. — Ordinances. 
 
 70. It shall be unlawful for any person or persons to pile no 39,s.i,Mar, 
 or place cord wood on Light street wharf in ranks of a greater puing cord 
 
 , . , , • p wood on LiKht 
 
 height than six leet. street wharf. 
 
 71. It shall be unlawful for any person or persons to suffer iMd, s. a. 
 
 or allow any cord wood to remain on any portion of Light How long cord 
 
 . „ , . wood to remain 
 
 street wharf, in his or their occupancy or possession, for a "" "'at wuari. 
 longer period than three days after the same shall have been 
 placed thereon. 
 
 72. Any person or persons violating any of the provisions iwa, s. a. 
 of the preceding two sections, shall forfeit and pay for every penalty. 
 such violation the sum of twenty dollars, and ten dollars for 
 
 each and every day thereafter until the provisions thereof are 
 complied with, to be collected as other fines and penalties are 
 collected. 
 
 73. It shall not be lawful for any person or persons to land iMd, s. la. 
 
 on McElderrv's or Dugan's wharves, or at the head of McEl- wood or lumber 
 
 •^ " not to be landed 
 
 derry's dock, fronting on Pratt street, any firewood or lumber, °;! ^^^?,|;-,\1f ^'^ 
 without permission, in writing, of the harbor master for the **>"* 
 district first had and obtained, under a penalty of twenty dol- 
 lars for every load or part of a load of firewood or lumber so 
 landed, to be levied on any vessel or vehicle from whicli said 
 wood or lumber may have been landed, and on the owner or 
 owners thereof. 
 
 74. At no time shall more than one-third of the width of ibid, s. 13. 
 said wharves be occupied or used for the deposit of said fi^e- No^t more th.j. 
 wood or lumber, under a penalty of fifty cents per cord on occupied. 
 the wood, and one dollar per thousand feet on the lumber; 
 
 and it shall not be lawful for firewood or lumber to remain on 
 said wharves more than twenty-four hours from the time of 
 landing, under a penalty of fifty cents per cord on the wood, penalty. 
 and one dollar per thousand feet on the lumber, for the first 
 offence, and a similar penalty for each subsequent day on 
 which said wood or lumber shall remain on said wharves, to 
 
358 Habboe, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 be levied on said wood or lumber, and the owner or owners 
 thereof. 
 
 bid, 3. 14, 75. Any vessel entering McElderry's dock with wood or 
 
 Vessels not to lumber on board for the object of landing the same, shall not 
 
 remain more 
 
 than four days, be permitted to occupy berths or remain in said dock more 
 Penalty. than four days, iinder a penalty of five dollars per day for eacii 
 
 day which they may remain in said dock over four days, (Sun- 
 days excepted,) the penalties to be collected as provided for in 
 section 73. 
 
 Ibid, 3. 15. 76. It shall not be lawful to place any goods, wares or mer- 
 
 Goods on public chandisc on any of the public wharves within sixteen feet of 
 
 wharves regu- 
 lated, the kerb-stones, under a penalty of five dollars for each of- 
 fence ; and it shall not be lawful to place any goods, wares or 
 merchandise on any of the public wharves, unless the same 
 be discharged from, or are to be laden on board some vessel, 
 or to place anything which may obstruct the free passage of 
 said wharves by carriages of any description, under a penalty 
 of five dollars for each ofience, and a further sum of one dol- 
 lar per day for "each foot in length of the wharf which the 
 same may occupy, and for each day the same may remain ; 
 and the owner, proprietor or agent of any goods, wares or 
 merchandise, who shall place or cause to be placed such 
 goods, wares or merchandise so as to obstruct the passage 
 aforesaid, and shall neglect or refuse to remove the same when 
 required so to do by the harbor masters or any one of their 
 deputies, shall pay a fine of ten dollars for each offence, and 
 a further sum of five dollars for each day the same may re- 
 main thereafter. 
 
 Ibid, 8. 16. 77. The wharves in front of the several tobacco ware- 
 
 wharresre- houscs shall be reserved for the accommodation of vessels and 
 
 served for to- ' . 
 
 baccoware- SCOWS briiiginsi; and taking tobacco to and from said ware- 
 houses, o o o 
 
 houses, provided that the usual tonnage shall be paid.* 
 * See p. 334, ante. 
 
Habbor, Docks and Wharves. 359 
 
 Article XXII. — Ordinances. 
 
 78. The harbor master for the district is hereby authorized ibid, s. 17. 
 and directed to allow the fisherman or dealers in fish, the ex- Fishermen to 
 
 !• /»ii 'L i/» i<» /.T-k.i have exclusive 
 
 elusive use 01 the city whari at the root or I resident street, "se oi city 
 
 •^ ' wharf at loot of 
 
 they paying the usual wharfage, and being subject to the ordi- Presiuent street. 
 nances regulating wharves and wharfage. 
 
 79. Whenever the owner or owners, agent or agents of any iMd, s.is. 
 goods, wares or merchandise landed on any of the city wharves, Goods beiong- 
 
 1 • 1 1 1 1 1 /. .11 '"o 'o unknown 
 
 cannot be ascertained by the harbor master, alter said goods, persons to be 
 
 ■^ ' !=> ' removed. 
 
 wares or merchandise have been landed thereon forty-eight 
 hours, it shall be the duty of the harbor master, and he is 
 hereby authorized to remove said goods, wares, or merchandise, 
 and deposit the same in some convenient and safe place, and 
 to detain said goods, wares or merchandise until the owner or 
 owners, agent or agents thereof, shall pay the expense of remov- 
 ing and storing the same. 
 
 80. The harbor masters are hereby authorized to sell any ibid, s. 19. 
 property which may be removed by them from any of the when and how 
 
 " r J 111 !• • ^*''^ goods may 
 
 wharves of the city, and detained under the preceding section, be sold. 
 having first given at least thirty days' notice of any such sale, 
 and pay the proceeds to the Register for the use of the city, 
 provided, that any articles which are perishable in their nature, Proviso. 
 may be sold in any number of days, not less than three, in 
 the discretion of the harbor master. 
 
 81. The said harbor masters are hereby authorized and 1^^,3.30. 
 directed to cause all watermelons and other fruits, fish and Nuisances to be 
 vegetables to be removed from the public wharves whenever'"""'*'^ ' 
 they shall become a nuisance ; and the owner or owners of 
 
 any such watermelons or other fruit, fish or vegetables, shall 
 forfeit and pay the sum of five dollars for each and every day 
 he, she or they shall neglect or refuse to remove the same 
 after being notified. 
 
 82. The said harbor masters shall not permit any cart or ibid, s. 91. 
 other vehicle to stand on any of the public wharves of the carts,^&c., a^^^ 
 city for the purpose of retailing fruits or other articles, but 
 
360; Harbok, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 shall cause the same to be removed as soon as loaded ; and 
 in case of neglect or refusal on the part of any person having 
 charge of the same to remove, when required by the harbor 
 masters, or any one of them, he or she shall forfeit and pay the 
 sum of one dollar for each and every hour such cart or other 
 vehicle shall remain after the notice for its removal. 
 
 Ibid 8.22. 83. It shall be the duty of the harbor masters to collect, 
 
 Harbor masters witliin their rcspcctive districts, all the aforesaid penalties ; 
 
 to collect i)enal- 
 
 ties. and if any person or persons shall obstruct the harbor mas- 
 
 ters, or any one of them, in the collection of the aforesaid pen- 
 alties, he or they shall forfeit and pay live dollars for every 
 such offence; and the harbor masters, respectively, shall once 
 
 To account on in cvcry mouth account, on oath, and pay over to the Register, 
 
 oath, monthly, .,,. c i • -,• i 
 
 and pay to Reg- all moucy by them received by virtue oi this ordinance; and 
 
 the harbor masters of the various districts shall not permit 
 
 Booths, &c., any booth, stand, stall, cart, waffon or any other vehicle or 
 
 prohibited. . > j 5 & .; 
 
 establishment to be erected or placed upon any of the public 
 wharves of the city for the purpose of exposing for sale and 
 selling by wholesale or retail, any fruits or other article; and 
 the owner or owners neglecting or refusing to remove the 
 same, when required by the harbor master, shall forfeit and 
 pay the sum of five dollars for each and every day they shall 
 refuse or neglect to remove the same after being notified. 
 
 less than one 
 day. 
 
 Ibid, s. 23. 84. No portion of this ordinance shall be construed to im- 
 
 Goods in <raM- poso any charge on articles passing over or deposited on tlie 
 
 situ not to be ^ "^ ^ r & I 
 
 charged with wharves of the city for a less time than one day, for the pur- 
 
 wharJage for '' .> ' i 
 
 pose of delivery from or on board of any vessel trading with- 
 in the limits of this State, other than the regular wharfage 
 chargeable on such vessel. 
 
 No. 2, Nov. 23, 85, It shall not be lawful for any steam passenger, excur- 
 
 Gang planks at sion, or freight boat carrying passengers, belonging to the port 
 
 of Baltimore, to be unprovided with a gang-plank at least 
 
 four feet wide, with a liand-rail on each side thereof four feet 
 
Harbor, Docks and Wharves. 361 
 
 Article XXII. — Ordinances. 
 
 liigh, the space between the hand-rail and the gang-plank to 
 be BO enclosed by netting or balusters as to prevent any person 
 or persons passing over said gang-plank from falling overboard; 
 said gang-plank to be used by said boats at all times upon 
 making fast to any wharf or pier in the city of Baltimore, 
 for the purpose of embarking or debarking passengers. 
 
 86. Any owner or owners, or captain of any steam passen- j^jj ^ g 
 ger, excursion, or freight boat carrying passengers, who shall pe„aity. 
 refuse or neglect to comply with the provisions of the preced- 
 ing section, shall be liable to a fine of fifty dollars for such 
 refusal or neglect to comply, said fine to bo recovered as such 
 fines and penalties are recoverable, and shall be liable to a 
 siinilar fine for each day said owner or owners, or captains, 
 shall refuse or neglect to comply with the preceding section, 
 after the first ofi'ence. 
 
 DRIFTINGS OF ARKS AND LUMBER. 
 
 87. If any ark or arks, or parts thereof, raft or rafts, or no. 25,a. i,r. 
 parts thereof, or lumber of ark logs, shall be found drifting Arks, &c., not 
 about or otherwise obstructing the basin or river within the bor. 
 limits of the city of lialtimore, the owner or owners, agent or 
 
 agents, consignee or consignees of such ark or arks, or parts 
 thereof, raft or rafts, or parts thereof, lumber or ark logs, shall 
 forfeit and pay to the city the sum of five dollars for each and Penalty. 
 every day such ark or arks, or parts thereof, raft or rafts, or 
 parts thereof, lumber or ark logs, shall be found drifting about 
 or obstructing the harbor as aforesaid ; provided, however, proviso, 
 that the liarbor masters or their deputies, or some of them, 
 shall cause notice to be given to the owner or owners, agent or 
 agents, consignee or consignees, whenever they or any of them 
 can be found, to have such ark or arks, or parts thereof, raft 
 or rafts, or parts thereof, lumber or ark logs, immediately 
 secured in such a manner as will not obstruct the navigation 
 of said basin or river. 
 
3G2 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 Ibid s. 2. 88. In ease of the refusal or iiegleet of any owner or own- 
 
 Duty of harbor ers, agent, or agents, consignee or consignees of any ark or 
 arks, or parts thereof, raft or rafts, or parts thereof, or lumber 
 or ark logs, to have the same secured as aforesaid ; or when- 
 ever no such owner, agent or consignee can be found, it shall 
 and may be lawful for the harbor masters, their deputies, or 
 any one of them, to cause the said ark or arks, or parts thereof, 
 raft or rafts, or parts thereof, lumber or ark logs, to be secured, 
 and to give notice by advertisement, to be published in two or 
 more of the newspapers printed in the city, that such ark or 
 arks, or parts thereof, raft or rafts, or parts thereof, lumber or 
 ark logs, have been so secured at the expense of the owner, 
 agent or consignee thereof, and that unless the expenses at- 
 tendant on the securing thereof, together with the fine aforesaid, 
 be paid on or before some day to be named in the said adver- 
 tisement, not less than thirty days thereafter, the ark or arks, 
 or parts thereof, raft or rafts, or parts thereof, lumber or ark logs 
 so secured, will be sold at public auction, at the time and place 
 therein mentioned, for the purpose of paying expenses and fine. 
 
 ihid, s. .-5. 89. The penalty, cost and expenses imposed by the foregoing 
 
 Penalty, &c., scctiou of tliis Ordinance, shall be recovered as other penalties 
 
 how recovpred. 
 
 are recovered, and in all cases where publication of notice shall 
 be made as aforesaid, and the expenses and tine shall not be 
 paid within the time limited in such notice, then it shall and 
 may be lawful for the said harbor masters, their deputies, or 
 any of them, to sell by public auction, the ark or arks, oi* parts 
 thereof, raft or rafts, or parts thereof, lumber or ark logs so 
 secured, and after paying the expenses of securing the same, 
 snrpiusfrom to pay thcsurplusor balance of money obtained from said sale 
 to the Register of the City, said surplus, after retaining the fine, 
 to be held by him until the owner or owners thereof shall 
 satisfy the Mayor of his, her or their right thereto, when the 
 same shall be paid to such owner or owners under the direc- 
 tion of the Mayor. 
 
 sale. 
 
Hakbor, Docks and Wharvks. 363 
 
 Article XXII. — Ordinances. 
 
 90. Any person who shall malicionsly, or with inisehievons iwa, s.4. 
 intent, cast loose or set adrift any ark or arks, or parts thereof, Penalty for set- 
 raft or rafts, or parts thereof, lumber or ark logs, or in any ^'J''"- 
 other way cause injury to be done to the same, shall be subject 
 
 to a line of five dollars, to be recovered as other fines are re- 
 coverable. 
 
 STEAMBOATS. 
 
 91. It shall not be lawful for any boat or vessel of one No. ae, r.o. 
 hundred and fifty tons and upwards, propelled in whole or in speed reguia- 
 part by steam, to enter the harbor or basin of Baltimore at or 
 
 above the most eastern wharf at Locust Point, or to depart 
 from said harbor or basin, or any part of it, at or above the most 
 eastern wharf at tlie said point, at a greater speed than ten 
 revolutions of the wheel or wheels per minute; and the mas- 
 ter or commander of any boat or vessel, propelled in whole or 
 in part by steam, which shall enter or depart from the said 
 harbor or basin within the above limits, at a greater speed 
 than ten revolutions of the wheel or wheels per minute, shall 
 forfeit and pay the sum of twenty dollars for each and every Penalty, 
 such oftence, to be recovered as other fines are recoverable. 
 Tt shall be the duty of the harbor masters, or their deputies, cuty^^f h-bor 
 to leave a copy of this section on board each and every boat 
 or vessel propelled in whole or in part by steam, in the harbor 
 of Baltimore, and to enforce the provisions of this section in 
 every case of violation thereof. 
 
 KEEPER OF HARMAN'S BRIDGE. 
 
 92. There shall be appointed annually in the month of no. is, Mar. s, 
 February, as other city officers are appointed, a suitable person Duties. 
 
 to be keeper of Barman's Bridge. The salary of said keeper shall 
 
 be seven hundred and fifty dollars per annum, payable monthly, saUry. 
 
 and said keeper shall perform his duties by night as well as 
 
364 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 by day, and shall attend to and do personally, all necessary re- 
 jDairs to said bridge.* 
 
 *By resolution No. 238, June 14, '78, the City Commissioner is authorized to 
 furnish to the keeper of Harman's Bridge such assistance from time to time 
 as in his judgment will enable the said keeper to do necessary repairs on tlie 
 bridge, the expense incurred to be charged to repairs of bridges. 
 
 L.GHT STREET BRIDGE. — By the Act of 1878, c. 159, the Mayor and City 
 Council of Baltimore and the County Commissioners of Anne Arundel 
 County are authorized, empowered and directed to purchase the bridge over 
 the Patapsco river, known as " Light street bridge," together with the build- 
 ings, abutments and all other appurtenances thereto belonging or appertain 
 *^ng, and to keep and maintain the same as a free bridge at all times, if the 
 owners thereof will, on or before the first day of January, eighteen hundred 
 and seventy-nine, agree to sell the same unto the said Mayor and City 
 Council of Baltimore and the County Commissioners of Anne Arundel 
 County, at a. price and upon such terms and conditions as to them may ap- 
 pear fair and reasonable. 
 
 2. That if the Mayor and City Council of Baltimore and the County 
 Commissioners of Anne Arundel County shall not be able, by mutual agree- 
 ment, to purchase said Light street bridge from its owners, as provided in 
 the preceding section of this act, then and in that case the said Mayor and 
 City Council of Baltimore and the County Commissioners of Anne Arundel 
 County, are hereby authorized, empowered and directed to build a substan- 
 tial bridge over said river, or the southwest branch thereof, from some suit- 
 able point on the Anne Arundel county shore of said river, within a reason- 
 able distance from the southermost terminus of said Light street bridge, 
 eastwardly or westwardly to a convenient and practicable point in Baltimore 
 city ; and the said Mayor and City Council of Baltimore and the County 
 Commissioners of Anne Arundel County are hereby authorized and em- 
 powered to acquire by inquisition, purchase or otherwise, all the lands and 
 materials necessary for the construction of the said bridge and its abutments, 
 and for necessary roads leading to and from the same, for the convenience of 
 public travel ; and said bridge, when built, shall be maintained and kept in 
 proper repair by the said Mayor and City Council of Baltimore and the 
 County Commissioners of Anne Arundel County as a free bridge ; provided, 
 that the entire cost to said city and county of said bridge and abutments, 
 together with the cost of the necessary lands and roads leading to and from 
 the same, shall not exceed in the aggregate the sum of forty thousand dol- 
 lars. 
 
 3. And that there shall be appointed annually some competent person to 
 act as bridge keeper, whose duty it shall be to attend to the opening and 
 closing of the draw of said bridge so purchased or built when required, and 
 also to attend to such other duties in regard to keeping said bridge iu safe 
 
Harhok, Docks and Whakv^ks. 365 
 
 Article XXII. — Ordinances. 
 
 KEEPER OF DRAWBRIDGE. 
 
 93. Tliyrc sliall he HiimiHlly ap|)ointcd, as other eity officers No. 65,s. i, r. 
 arc appointed, a suitahle person to take charjije of the draw- Koopei of 
 
 ' *• ' " drawbridge ap- 
 
 hridge at Block street, whose duty it shall he to attend rei^u- I'omteJ. 
 
 and proper condition for public travel ; and the said bridge keeper shall re- 
 ceive I'or his services such compensation as the said Mayor and City Council 
 of Baltimore and the County Comniissionei's i)f Anne Arundel County shall 
 think just and projior, Irj be provided for in their annual levy, which appoint- 
 ment shall be made tiie first year, and on the first day of April every second 
 year thereafter, by the Mayor and City Council of Baltimc^re, and on the first 
 day of April in every alternate year by the County Conuuissioners of Anne 
 Arundel County. 
 
 4. That the Mayor and City Council of BaltinK)re and the County 
 Commissioners of Anne Arundel County are hereby authorized and 
 directed to levy on the assessable property of Baltimore city and Anne 
 Arundel County, the former on the assessable property of Baltimore city and 
 the latter on the assessable property of Anne Arundel county, in such man- 
 ner and at such time or times as they may deem best, such sums of money 
 as may be necessary to carry out and secure the provisions of this act, the 
 expense thereof tc; be paid and borne equally by said city and county, a 
 l)ortion thereof at least to be levied at their regular annual levy for the 
 present year. 
 
 5. That the cost of maintaining said bridge so purchased or built, and 
 keeping it in safe repair and condition for public travel, shall be paid in 
 equal proportions by the Mayor and City Council of Baltimore and the 
 County Commissioners of Anne Arundel County ; and they are hereby 
 authorized to levy upon the assessable property of said city or county, as 
 the case may b'j, such sums as may be necessary from time to lime to defray 
 said costs in the proportions aforesaid ; and the said Mayor and City Council 
 of Baltimore and the County Commissioners of Anne Arundel County shall 
 be responsible for any damage that may occur by reason of the said bridge 
 being out of repair. 
 
 Gwynn's Falls Bkidoe.— The Act of 1878, c. 403, repeals the act of 1867, 
 c. 216, relating to the incorporation of the Gwynn's Falls Bridge Company 
 of the Washington Road, and enacts, that the said bridge is declared a free 
 public highway to all intents and purposes, and as such under the care and 
 jurisdiction of the Mayor and City Council of Baltimore, who shall be 
 chargeable with keeping the same in good order for travel. 
 
 By the Act of 1870, c. 385, the Attorney General had been directed to insti- 
 tute proceedings to forfeit the charter of this company. See Bridges and 
 Highways, under Streets and City Commissioner, Art. XLVH. 
 
366 Harbor, Docks and Wharves. 
 
 Article XXII. — Ordinances. 
 
 His duties. larly to said bridge from sunrise to sunset, from the first day 
 of February to the first day of November, and give free pas- 
 sage without hindrance, delay or molestation, to all vessels 
 intending to enter or leave the city dock, and to keep the said 
 bridge closed for the accommodation of workmen from fifteen 
 minutes before until ten minutes after seven o'clock in the 
 morning, and from five minutes before twelve until fifteen 
 minutes after twelve, and from fifteen minutes before one un- 
 til ten minutes after one; and to attend, during the months of 
 November, December and January, from sunrise to sunset, 
 (Sundays excepted) and to open and close, according to his 
 own judgment, at such times as will best serve the travel of 
 both thoroughfares. 
 
 Tbid,s. a; No. 94. The salary of said keeper shall be six hundred dollars 
 
 32, Apl.7, '64. •' ^ 
 
 Salary. per anuum, payable monthly ; and the said keeper may be 
 
 permitted to charge for his attendance at night and on Sundays, 
 when it may be required, not exceeding fifty cents per vessel. 
 
 Ibid, s. 3. 95. It shall be the duty of the keeper, at such times as he 
 
 ppnaity for is directed to keep the said bridge closed, to give to all ap- 
 
 openinf; bridge " . ' 
 
 ^ut °o? kee'er P^^ofi^hing vesscls R Signal that the bridge cannot be opened, 
 and all persons disregarding such signal, or opening the bridge 
 without the consent of the keeper, shall, in case of damage to 
 said bridge, pay a fine of ten dollars, and all exj)ense of re- 
 pairing the same. 
 
 BATHING. 
 
 No. 33, s. ^2, R. 96. It shall not be lawful for any person to swim or bathe 
 Bathing within at any time between the hours of five in the morning and 
 
 certain limits. ... 
 
 regulated. eight iu the evcniiig, in any part of Jones' Falls or of the 
 basin, within the limits of the city ; nor shall any person on 
 the Sabbath day bitlie or swim in the waters of Harris' creek, 
 or on the north side of the Spring Gardens, between the hours of 
 
 Penalty. five iu the uioming and eight in the evening, under a penalty 
 
 of not less than one nor more than five dollars for each oflencc. 
 
IIauhok, Docks and Whakvks. 367 
 
 Article XXII. — Ordinances. 
 
 I'OKT WARDEN'S LINE. 
 
 97. No ordinance or resolution granting the privilege ofNf'-^.May le. 
 the extension of wharves and piers into the harbor shall be HesuiaUons for 
 
 ' extension of 
 
 considered or passed at the instance of petitioners to the Mayor pierHntJ'har- 
 and City Council, unless four weeks' previous notice of the ap- ^'"' 
 plication shall have been given in at least two of the daily ^"'•'^6 to be 
 
 ' " "^ given. 
 
 newspapers ])ub]ished in the English language, and one in the 
 
 German language, in the city of Baltimore, by advertisement 
 
 inserted twice a week therein, for four successive weeks ; nor 
 
 shall any ordinance or resolution be considered or passed for 
 
 said purpose, when offered by a member of the City Council, 
 
 or by a committee thereof, upon his or their own suggestion, 
 
 without any petition or memorial on the subject, unless he or 
 
 they shall announce his or their intention so to do, at least 
 
 fifteen days before the same shall be offered, and file at the ^jj,f„7'^,.^'*^^: 
 
 same time, with the clerk, to be published on the journal, a e^ipriviiege. 
 
 definite statement of the privilege which is proposed to be given 
 
 in the premises. * 
 
 * See section 9, and resolution, p. 318, ante. 
 
 NoTK.— The act of 187G, c. 195, recites that it has been represented to this 
 General Assembly, that the harbor of the City of Baltimore has been and is 
 unnecessarily obstructed, encroached upon and injured by the erection of 
 wharves, piers and bulkheads, and that the area and channel thereof are 
 likely to be further narrowed by privileges granted by the Mayor and City 
 Council, without sufficient information and inquiry as to the extent of the 
 injury to be inflicted thereby; with the view, therefore, of obtaining such 
 information as may enable the General Assembly to control such works, 
 and to prevent such injury in future, it then enacts that the Governor is 
 authorized and requested to apply to the President of the United States for 
 the appointment of a board consisting of three commissioners, to be detailed 
 from the corps of engineers of the army and from the officers employed in 
 the Coast Survey, who shall have power: 1. To cause the harbor and the ■ 
 adjacent waters, lands, wharves and docks to be surveyed in order to ascer- 
 tain the present condition and lines of the said harbor and of the Patapsco 
 river adjacent thereto, and whether the navigation thereof is improperly 
 obstructed, and whether any further extensions of piers, wharves, bulk- 
 heads or other structures into said harbor ought to be allowed and to what 
 
368 IIakbok, Ducks and Whauveb. 
 
 Article XXII. — Ordinances. 
 
 extent, and whether any grants, licenses or privileges already given by the 
 Mayor and City Council of Baltimore for the extension of such works, will, 
 if executed, impair, obstruct or encroach upon the navigation of said harbor 
 or the-free and beneficial general use thereof. 2. To report the result of the 
 surveys and examinations thus made to the Governor of Maryland with all 
 convenient dispatch. 3. To recommend to the next General Assembly the 
 establishment and definition of the outer water-lines of said harbor, beyond 
 which no erection or permanent obstruction of any kind shall be permitted, 
 and to submit such provisions as they may deem wise and necessary in 
 respect to the enlarging or filling up of the basin, docks, coves and recesses, 
 or any part thereof; the size, position and extent of piers, wharves and 
 bulkheads within the outer water-lines of said harbor, and to present such 
 other recommendations as in their judgment may be calculated to preserve 
 forever the free navigation and general beneficial use of said harbor and 
 river. 4. To cause to be prepared and submitted with their report, maps of 
 the said harbor and its adjacent waters, exhibiting the outer water-lines 
 recommended by them, and the lines of existing piers, wharves and bulk- 
 heads, accompanied with such field notes, measurements and elucidations as 
 they may consider necessary to a full exposition and understanding of the 
 subject; and that the sum of five thousand dollars is hereby appropriated to 
 pay the expenses of the said commissioners, out of any money in the 
 treasury not otherwise appropriated ; and that in case the said commis- 
 sioners shall in writing represent to the Governor that any piers, wharves 
 or other works in ])rogress under any ordinances or other authority of the 
 Mayor and City Council, will, if completed, interfere with the establishment 
 of such outer water-lines as they may deem proper to recommend, it shall 
 be the duty of the Governor to cause all work tliere(;n to be. suspended 
 until tlie General Assembly shall authorize the further prosecution thereof, 
 or direct their removal, as in its wisdom the General Assembly may deem 
 most advisable ; and that the water-lines of the harbor and river, which 
 shall be defined and recommended by the said commission as hereinbefore 
 provided, shall be thenceforward recognized and observed as the permanent 
 line, beyond which no structures shall be built, and no change of the Port 
 Warden's line of the harbor of the City of Baltimore shall hereafter be made 
 without the consent of the General Assembly. 
 
 Under and by virtue of this act, the following Report, accompanied with a 
 map, was made in January, 1878, to the Governor from a board for the sur- 
 vey of the harbor, constituted by the Secretary of War. It does not appear 
 that the report was acted on by the General Assembly : — 
 
 Upon the map accompanying the report are drawn a bulk head line, and 
 a ]mr head line. In the opiiiion of the board it is allowable to fill in con- 
 tinuously as far out as the bulk head line; between that line and the pier 
 head line, projecting piers, with intervening slips may be constructed, but 
 no structure or filling of any kind should be permitted outside the pier head 
 line. It is unnecessary to describe these lines in detail, as they arc clearly 
 
Harbor, Docks and Wharves. 369 
 
 Article XXII.— Ordinances. 
 
 siiown upon tiie map, of wliich tlie position of any point may always be 
 verified from the records of the United States Coast Survey. The board has 
 not entered into the subject of " the size, position and extent of piers, wharves 
 and bulk heads," as it is the opinion of the board that these must be deter- 
 mined from time to time, by the special requirements of commerce. 
 
 It lias been considered desirable to show upon the map the original shore 
 line, as far as its petition can now be determined with accuracy. A com- 
 parison of this line with the line of the existing wharves will show a very 
 exten.sive encroachment upon the original area of the fine harbor and basin 
 of Baltimore, which are still so well adapted to the convenient accommoda- 
 tion of a great commerce. This encroachment has at some points been 
 decidedly injudicious. It has recently been to a limited extent compensated 
 for by the extensive dredging done to increase the depth of water with a 
 consequent increase of capacity of the tidal reservoir. A more important 
 aspect of these encroachments is that due to the interference of the objection- 
 able structures with convenient navigation. 
 
 It is proper to observe that the lines considered allowable by the board 
 are those which seem the best under existing circumstances, and by no 
 means those which would have been recommended, had the work of build- 
 ing wharves and piers been less extensively carried on. The location of 
 the lines is the result of the avoidance of either of two extremes, of which 
 the one would lead to too much limitation of, and encroachment upon, the 
 space needed for vessels at anchor, and passing to and fro, and the other 
 would prevent the erection of the wharves and piers required for the proper 
 accommodation of vessels loading and unloading, and for the various store- 
 houses and other arrangements necessary for the convenient transaction of 
 the shipping business of a great port. 
 
 The absence of strong tidal and fiuvial movements, owing to the small 
 ordinary rise and fall of the tide, and the circumstance that the current of 
 no large stream is passing through the anchorage ground and passage ways, 
 simplifies very much the problem of fixing the limiting lines of construction. 
 
 The board abstains from expressing an opinion as to the width or direc- 
 tion to be given to Jones' Falls, except to say that the width of the outlet, 
 as shown on the map, nearly 300 feet, seems ample, and that it would be an 
 improvement to remove the bridge through which vessels must now pass to 
 enter the city dock. If this bridge were placed over Jones' Falls, on the 
 prolongation (;f Lancaster street, the present city dock might be made a 
 much more imj>ortant part of the harbor. 
 
 It would be a great improvement if the portions of the wharves of Stickuey 
 & Co., and the light-house wharf opposite Fort McHenry, and of the wharf 
 at Fort McHenry, could be removed. They should never have been built 
 with their existing dimensions and position, as they are in the very throat 
 of the harbor, and are an obstruction to vessels entering. 
 
 If the bridge leading from Ferry Point were removed, the point itself 
 should be cut off to the line shown on the map. 
 
370 Hakbor, Docks and Wharvks. 
 
 Article XXII. — Onlinances. 
 
 Decisions. — By a lease dated in 1850, for ninety-nine years, renewable 
 forever, a riparian lot of ground in the city of Baltimore, running back to a 
 wharf and the Port Warden's line, and bounding in the rear on said line, 
 " together with all the improvements thereon made, lanes, alleys, ways, 
 waters, privileges, appurtenances and advantages to the same belonging, or 
 in anywise appertaining," was leased to certain parties, whose title in a por- 
 tion of the same came by mesne assignments to B. In 1858, B. and the 
 other leasehold owners of said lot, under an ordinance of the citj% (ordinance 
 No. 5, March 19, 1858,) and by virtue of the act of 1745, c. 9, extended the 
 Port Warden's line two hundred and thirty feet further out into the water, 
 and, by means of natural accretion and artificial deposits, filled up the said 
 addition and used it for wharf and other purposes. In 1872, W. purchased 
 the reversion in the lot as originally leased, and soon afterwards brought an 
 action of trespass q. c.f. against B. to test his title to the said addition and 
 accretion. Judgment being for B., on appeal it was held : 
 
 1st. That the lessors having at the date of the lease the right under the 
 act of 1745, with the concurrence of the city authorities, to make the im- 
 provements in question, this right was by the lease assigned to the lessees. 
 
 2d. That the language above quoted was comprehensive enough to con - 
 vey to the lessee every right of enjoyment and possession, in or appurtenant 
 to the ground leased, which the lessor had, to be held and enjoyed by the 
 lessee as long as he paid his rent and performed his covenants. Williams v. 
 5aA;er,41Md. 523. 
 
 Under the act of 1745, c. 9, the right of a lot owner, fronting on the water, 
 to extend his lot or improve out to the limit prescribed by the authorities of 
 the city, is a vested right, of which the lot owner cannot be lawfully 
 deprived without his consent. And if any other person, without his 
 autliority, make such extension, no interest or estate in the improvement 
 vests in the improver, but it becomes the property and estate of the owner 
 of the franchise. But this right of the owner to improve out is confined to 
 the front of his lot, and must be within the side or outlines of the lot 
 extended to the Port Warden's line. Balto. & Ohio R. R. Co. v. Chase, 43 
 Md. 24. 
 
 The principle that no patent shall issue for land covered by navigable 
 water in front of the lands of riparian proprietors, applies to the case of 
 lands lying in the harbor of Baltimore, where riparian owners have secured 
 to themselves valuable rights and franchises of extending improvements 
 into the water from their water lots, and which it would be inequitable for 
 the State to deprive them of, by granting to others the lands covered by water 
 in front of their lots. Patterson v. Gelsion, 23 Md. 433. Sec act of 1862, c. 
 129, and Day v. Day, 22 Md. 530 ; Goodsdl v. Lawson, 42 Md. 348. 
 
Health. 
 
 371 
 
 Article XXIII. 
 
 ARTICLE XXIII. 
 
 HEALTH 
 
 STATUTES 
 
 NUISANCES. 
 
 1. Corporation to pass ordinances 
 
 to preserve lieaith of city, re- 
 move nuisances, &c. 
 
 2. Cost of paving for removal of 
 
 nuisances : by whom paid. 
 
 3. Defence of owners. 
 
 4. Costs, lien on property. 
 
 5. IIow costs collected from non- 
 
 residents. 
 
 6. Action against city by non-resi- 
 
 dents. 
 
 7. Nuisances on vacant lots, how 
 
 removed, and costs paid. 
 
 CnEMICAI, LABOUATOUIBS. 
 
 8. When authorized to be erected. 
 
 PHAUMACISTS. 
 
 9. Meajiing of term pharmacist. 
 
 10. Pharmacists to comply with this 
 
 act : exception : penalty : suit 
 in name of Commissioners of 
 Pharmacy and Practical Chem- 
 istry : i>roviso. 
 
 11. Commissioners: duties: certifi- 
 
 cate. 
 13. Title of board : term of office : 
 oath : vacancies. 
 
 13. Pharmacists to be registered. 
 
 14. Who deemed registered pharma- 
 
 cists. 
 
 15. Who deemed competent and en- 
 
 titled to be registered. 
 
 If5. Fees for certificate and rcgistra- 
 tration. 
 
 17. Representatives of deceased phar- 
 
 macist. 
 
 18. Who permitted to compound 
 
 and dispense prescriptions : 
 penalty. 
 
 19. Adulterating or weakening offi- 
 
 cinal medicines or selling such : 
 penalty. 
 
 SMALL POX. 
 
 20. StateVaccine Agency established. 
 
 21. Appointment oi agent: duties: 
 
 salary : proviso. 
 
 22. When physicians paid by City 
 
 Council, &c. 
 
 23. Who to be vaccinated : penalty. 
 
 24. Penalty for wilful use of defec- 
 
 tive virus. 
 
 25. Duties of parents and guard- 
 
 ians : penalty. 
 
 26. Penalty for admitting to schools 
 
 unvaccinated pupils. 
 
 27. How fines recoverable. 
 
 28. Vaccine agent to give bond. 
 
 29. Agent to procure true vaccine 
 
 virus : to report to Governor. 
 
 STREJ5TS. 
 
 30. Altering grade of streets for 
 
 health of city. 
 
 31. Cleaning streets: dirt and filth in. 
 
372 
 
 Health, 
 
 Article XXIII. 
 
 ORDINANCES 
 
 BOARD OK HKALTH. 
 
 1. Board ol Health appointed : du- 
 
 ties prescribed. 
 
 2. Salaries of commissioner and 
 
 assistant. 
 
 3. Meetings ol' the board : record 
 
 of proceeding.-!, 
 •i. Commissioner to enforce ordi- 
 nances : to decide appeals. 
 
 5. Commissioner's duties. 
 
 6. Duties of assistant commissioner: 
 
 when to act instead of com- 
 missioner. 
 
 7. Marine hospital physician to at- 
 
 tend meetings of board. 
 
 8. Police oiRcers to execute orders, 
 
 &c. 
 
 9. Preservation of the public health: 
 
 information as to health of the 
 city. 
 
 10. Expenses of board of health, 
 
 how to be defrayed : annual 
 statement. 
 
 11. Penalty for obstructing the 
 
 board. 
 
 12. Penalty for refusing to obey or- 
 
 ders of board. 
 
 13. Contracts, how to be made. 
 
 NUISANCES AND THE PREVENTION OF 
 DISEASE. 
 
 14. Commissioner to inspect streets, 
 
 wharves, yards, &c. 
 
 15. To examine lots, cellars, streets, 
 
 alleys, &c. : notices to owners 
 to remove nuisance: penalty 
 for neglect, &c. 
 
 16. Nuisances, when to be removed 
 
 at expense of city. 
 
 17. When commissioner may enter 
 
 on premises. 
 
 18. His duty as to docks, &c. : no- 
 
 tice to be given : penalty. 
 
 19. Draining low grounds. 
 
 20. Power to enter on lots causing 
 nuisances : penalty for neglect 
 to remove nuisances. 
 
 31. Notice when no owner found. 
 
 22. Public notice to be given when 
 
 owner does n(;t reside in city. 
 
 23. Expenses and penalty to become 
 
 a lien on property. 
 
 24. Proceedings when property be- 
 
 longs to persons out of State. 
 
 25. Persons in possession to be 
 
 deemed owners : notice. 
 
 26. Powers as to hydrants, &c. 
 
 27. Persons refusing to obey, shall 
 
 pay expenses. 
 
 28. Cellars, &c., to be tilled. 
 
 29. Frame buildings to be raised : 
 
 penalty. 
 
 30. Lumber and wood yards. 
 
 31. Gutters to be kept clean. 
 
 32. Nauseous liquors not to be 
 
 thrown in streets. 
 
 33. Filthy stables : penalty. 
 
 34. Carion, &c., to be buried : pen- 
 
 alty. 
 
 35. Manure, &c., where not to be de- 
 
 posited. 
 
 36. Persons not to deposit filth on 
 
 premises, &c. : penalty. 
 
 37. Removal : penalty. 
 
 38. Outside city limits : penalty. 
 
 39. Bone dealers : proviso. 
 
 40. When no oyster shells to be 
 
 dumped witiiin city limits: 
 proviso : penalty. 
 
 41. Removal of oyster shells within 
 
 city limits: penalty. 
 
 42. When hawking oysters prohibit- 
 
 ed: penalty. 
 4i?. Unlawful to erect lime kilns : 
 
 penalty. 
 44. Ground within city limits not to 
 
 be used for ice pond or skating 
 
 rink: penalty. 
 
Health. 
 
 373 
 
 Article XXIII. 
 
 45 
 
 Wharves and low grounds, how 
 to 1)0 filled up: penalty. 
 4n. Spars, &o., afloat in harbor: pen- 
 alty. 
 
 Horses, &c. not to be driven or rid- 
 den into Jones' Falls : penalty. 
 
 Penalty for adulterating milk: 
 milk from diseased cow. 
 49. Penalty for placing slop carts, 
 &c., across footways. 
 
 Fish to be placed under roof: 
 penalty. 
 
 Flying horses and whirligigs. 
 
 Digging up paved streets by gas 
 companies, railroad companies, 
 &c. : dirt to be removed within 
 two weeks : notice from Com- 
 missioner of Health. 
 
 Unpaved private alleys: grading 
 and paving: costs assessed to 
 be a lien. 
 
 47 
 
 48 
 
 53. 
 
 PKOiriBITED MANUFACTORIES. 
 
 54. Chemical preparations for roof- 
 
 ing, or other purposes, prohib- 
 ited within city limits: pen- 
 alty: proviso. 
 
 55. Composition roofing: Mayor's 
 
 sanction : application to be 
 published: penalty. 
 
 56. Manufacture of copal varnish 
 
 prohibited : boiling, &c., bones. 
 
 57. Penalty. 
 
 58. Penalty for erecting or rebuild- 
 
 ing distilleries, &c., within 
 limits of city : proviso. 
 
 59. Penalty for using buildings as 
 
 soap or candle factories within 
 city limits without permission. 
 
 60. Applications for same to be pub- 
 
 lished. 
 
 61. Mills used for pulverizing char- 
 
 coal not to be erected without 
 permission. 
 
 62. Penalty for erecting paint fac- 
 
 tories without certain written 
 consent. 
 
 63. Penalty for manufacturing oil of 
 
 vitriol, &c., without certain 
 written consent. 
 
 64. Cotton wadding, &c., not to be 
 
 made within direct taxation: 
 penalty. 
 
 65. Brick kilns, &c., regulated; pen- 
 
 alty. 
 
 SLAUGHTER AND HIDE HOUSES, HOG 
 PENS, &C. 
 
 66. Slaughter house, nuisance: re- 
 
 port to Mayor. 
 
 67. Duty of Mayor : notice. 
 
 68. No slaughter house or hide house 
 
 within city limits : penalty. 
 
 Penalty for keeping hogs in stys, 
 yards, &c. : proviso: pork 
 butchers or packers. 
 
 Victuallers to keep hogs: pro- 
 viso: permit. 
 
 Health Commissioner to visit 
 premises: permit. 
 
 Keeping hogs without permit. 
 
 potter's fields. 
 
 Potter's fields regulated : pen- 
 alty. 
 
 Dead bodies not recognized, how 
 disposed of: morgue. 
 
 PRIVIES. 
 
 Removing contents of privy, &c., 
 without license : penalty : 
 licenses subject to orders of 
 Board of Health: statistics: 
 places: when licenses revoked. 
 
 License to remove contents of 
 privies : cost of license : bond. 
 
 When sinks and privies may be 
 cleaned in day time : proviso. 
 
 Permit from Board of Health: 
 bond. 
 
 When privies to be cleaned: 
 publication by Board of 
 Health: inspection by police: 
 nuisance: penalty. 
 
 69. 
 
 70, 
 
 71 
 
 72. 
 
 73 
 
 74. 
 
 75. 
 
 76 
 
 77, 
 
 78. 
 
 79. 
 
374 
 
 Health. 
 
 Article XXIII. 
 
 80. Public springs protected from 
 
 encroachments of privies: 
 vaults to be made impervious 
 to water. 
 
 81. Commissioner to notify owners 
 
 of property to remove privies, 
 &c. : penalty. 
 83. Privies within certain limits to 
 be repaired, &c. 
 
 83. Pipes and sewers : penalty. 
 
 84. Privies not to be erected on 
 
 Jones' Falls : penalty. 
 
 85. Vaults under pavements. 
 
 86. Penalty : notice to fill up : duty 
 
 to enforce. 
 
 87. How privies to be cleaned : 
 
 where manure to be deposited : 
 proviso. 
 
 88. Penalty for depositing at places 
 
 not designated by commis- 
 sioner. 
 
 89. Complaints from neighbors. 
 
 90. Manure at city pier in back 
 
 basin : penalty. 
 
 REMOVAL OF GARBAGK, MANURE 
 AND REFUSE. 
 
 91. Horses, carts and drivers, em- 
 
 ployed for removal of offal, 
 coal ashes, &c., in districts; 
 duty of drivers of garbage 
 carts : trumpet to be sounded. 
 
 92. Duty of housekeepers and others 
 
 in regard to offal, coal or other 
 ashes: notice from assistant 
 commissioner of health : pen- 
 alty. 
 
 93. Garbage carts to have a sign and 
 
 bells attached to horses. 
 
 94. Penalty. 
 
 95. Penalty for neglect of duty. 
 
 96. How carts to be covered. 
 
 97. Carts carrying offal. 
 
 98. Carts, &c., used for certain pur- 
 
 poses to be tight. 
 
 99. Duty of police officers to report 
 
 to Health Commissioner. 
 
 100. Manure not to be removed : 
 
 penalty. 
 
 101. Rubbish, &c., in streets pro- 
 
 hibited: penalty. 
 
 102. Superintendents and Health 
 
 Commissioner to sell manure. 
 
 103. Proposals and contracts for re- 
 
 moval of garbage, refuse ani- 
 mal and vegetable matter. 
 
 104. Places of deposit : City Solicitor 
 
 to certify to contracts. 
 
 105. Contract : notice to terminate. 
 
 106. Bond from contractor. 
 
 SUPERINTENDENTS OP STREETS. 
 
 107. City divided into five districts : 
 
 appointment of superintend- 
 ents. 
 
 108. Superintendents to act as agents 
 
 of corporation : their duties : 
 ice and snow. 
 
 109. Men, horses and carts : weekly 
 
 reports to Commissioner : Re- 
 gister to pay superintendent 
 weekly . 
 
 110. Weekly reports : examined by 
 
 Comptroller. 
 
 111. To notify the Mayor of all 
 
 offences committed. 
 
 112. Power to employ additional 
 
 force. 
 
 113. Market houses to be cleaned on 
 
 Sunday morning. 
 
 114. Power of Mayor to discharge 
 
 superintendents. 
 
 115. Bonds of superintendents. 
 
 116. Compensation of superintend- 
 
 ents, their laborers, &c. : sub- 
 stitute : pay of horse, cart and 
 driver : pay of garbage carts. 
 
 117. Pay per diem for garbage carts 
 
 and for laborers on streets: 
 scale of prices : report from 
 Commissioner of Health. 
 
 118. Supervision of superintendents 
 
 of streets by assistant com- 
 missioner of health. 
 
Health. 
 
 375 
 
 Article XXIII. 
 
 SMALL POX. 
 
 119. Appointment of vaccine physi- 
 
 cians : their duties prescrib- 
 ed : record : report : vaccine 
 crust. 
 
 120. To call at houses: duty of 
 
 Health Commissioner. 
 
 121. Mayor's duty. 
 
 122. To act as health wardens : sala- 
 
 ries. 
 
 123. Vaccine physicians to attend 
 
 police ofBcers wounded in 
 discliarge of duty : additional 
 salary. 
 
 124. Vaccine physicians to grant 
 
 certificates. 
 
 125. Physicians refusing to grant 
 
 certificate to be discharged. 
 
 126. Further duties of vaccine physi- 
 
 cians. 
 
 127. Officers of dispensaries to pre- 
 
 serve virus, &c. : to repeat 
 vaccination. 
 
 128. Innoculation prohibited. 
 
 129. When Board of Health to fence 
 
 in infected districts. 
 
 130. When Mayor to convene City 
 
 Council. 
 
 QUAUANTINE AND MARINE HOSPITAL. 
 
 131. Marine hospital : physician to 
 
 be appointed : general duties: 
 to pay over moneys : monthly 
 reports : detailed statements 
 of articles purchased : pa- 
 tients. 
 
 132. Further duties: assistant may 
 
 be employed : bond. 
 
 133. Limits of quarantine : how ves- 
 
 sels may come within limits : 
 vessels to be boarded : within 
 what periods : physicians' 
 special duties: cargo: pas- 
 sengers : vessel not to be re- 
 moved : penalty. 
 
 134. Vessels to be purified : peu- 
 
 alty. 
 
 135. 
 
 136. 
 
 138 
 
 141 
 
 142 
 
 143 
 
 144. 
 
 Duties of commanders, captains 
 and pilots in regard to infec- 
 tious diseases : passengers not 
 to be landed : nor baggage or 
 effects: interrogatories to be 
 answered: penalty. 
 
 Power of Board of Health to 
 send sick to hospital. 
 137. Certain damaged articles not to 
 be brouglit into city : how to 
 be removed : removal to quar- 
 antine ground and ventila- 
 tion of vessel : penalty. 
 
 Mayor and Board of Health 
 may exempt steam vessels: 
 exemption to be certified to 
 physician at hospital: pro- 
 viso. 
 
 139. Further exemptions. 
 
 140. What persons to be sent to lios- 
 
 pital by marine hospital physi- 
 cian: baggage, &c., to be 
 purified: communication 
 with citizens to be prevented : 
 penalty. 
 
 Expenses of purification, &c., 
 how to be paid. 
 
 Expense of maintaining pas- 
 sengers under quarantine, 
 how provided for. 
 
 Penalty of refusal of captain to 
 comply with order of hos- 
 pital physician : penalty upon 
 leaving vessel without con- 
 sent of hospital physician : 
 upon going aboard vessel 
 without consent of hospital 
 physician: duty of Board of 
 Health in cases of infectious 
 disease : penalty upon refusal 
 to obey orders in such cases. 
 
 Fees to be collected for visiting 
 vessels : penalty upon refusal 
 to pay same. 
 
 145. Salary of hospital physician. 
 
 146. Boatmen, &c., to be employed. 
 
376 
 
 Health. 
 
 Article XXIII. — Statutes. 
 
 147. Charges to be paid for board, 
 
 &o., at liospital: how and of 
 whom to be collected. 
 
 148. Hospital jihysician to obtain 
 
 supplies: to draw on Register. 
 
 149. Goods, &c., to be disinfected : 
 
 to be returned in good order : 
 expenses to be paid. 
 
 150. Condition of passengers to be 
 
 examined. 
 
 151. 
 
 152. 
 
 153. 
 154. 
 
 Passengers and crew to be vac- 
 cinated : all moneys to be 
 paid to Register. 
 
 Duty of harbor masters to re- 
 port to Board of Health. 
 
 Visiting committee : duties. 
 
 Committee to be carried to and 
 from hospital. 
 
 STATUTES 
 
 NUISANC-ES 
 
 p. L. L,art. 4, 1. Tlio Mavor and City Coimoil have power to pass ordi- 
 
 SPC. 797. •' . . 
 
 Corporation to nauces to pvesei've the health of the city, to prevent and re- 
 pass ordinances 
 
 to preserve movc nnisances * and to prevent the introduction of conta- 
 
 tiealth ot city, ' ^ 
 
 RaMes^&c.' gious discascs within the city and within three miles of the 
 same, and may regulate the places for manufacturing soap 
 and candles, the erecting of slaughter houses and distiller- 
 ies, and where every other offensive trade is carried on. 
 
 Ibid, sec 798. 2. They may, whenever any nuisance dangerous to the 
 Cost of pa^ing health of the city shall exist in any street, lane or alley of 
 
 for removal of ^ _ 
 
 nuisances- by tlic citv, and it shall be found necessary in order to the re- 
 
 whom paid. "^ ' '' 
 
 moval of the same to have such street, lane or alley paved, 
 order the same to be paved, and may recover the amount ex- 
 pended in paving the same, and the expenses of collection, 
 from the owner or owners of the property fronting thereon, 
 in proportion to the amount expended in front of said prop- 
 erty, by suit against the owner or owneis. 
 
 8. The said owner or owners may in such action defend 
 themselves against any such claim for expenses of paving 
 and the collection thereof, by proof that no such nuisances 
 
 Ibid, sec. 799. 
 
 Defence of 
 owners . 
 
 * As to power of city to pass ordinances to prevent the health of city, see 
 Harrinnn v. Mayor, cfic, 1 Gill, 264 ; Mayor, &c. v. Hughes' adm., 1 G. & J. 480. 
 
 The word "power" is construed, duty and obligation. Mayor, &c. v. Mar- 
 riott, 9 Md. 160; Mayor, &c. v. PencOeton, 15 Md. 12. 
 
Health. 377 
 
 Article XXIII.— Statutes. 
 
 existed, or that the paving of the said street, lane or alley 
 was not necessary to the removal ot ahatement thereof, or 
 tliat such nuisance was cansed hy an act or ordinance of said 
 city or its officers in the execution of their duty. 
 
 4. The expenses of such paving, and the expenses inci- iMd, sec. soo. 
 dent to the collection thereof, shall be a lien ui)on the prop- co^^ts, iien on 
 
 property. 
 
 erty chargeable therewith, and when the right of the city 
 to recover the same has been determined, the Mayor and City 
 Council may levy such expenses upon said property. 
 
 5. If any of the said property shall be owned by persons ibw.sec. soi. 
 not resident within the limits of said citv, then after public how rost ci- 
 notice given at least three times a week for tliree successive ^•""'i'''"^- 
 weeks in two newspapai)ers of tlr^ city, by ailvei-tisement, 
 describing the property chargeable, the amount of expense 
 
 with wliich it is chargeable, and, if known, the name of the 
 owner or owners thereof, tlie Mayor and City Council may 
 proceed to levy said expenses upon the interest of such 
 non-resident in said proporty, witliout any previous suit to 
 determine their right to the same. 
 
 0. Such non-resident may, at any time within three iwd, sec. soa. 
 uu)nths after said expenses have been levied and C( .1 lee ted, ac. ion "gainst 
 institute an action against the Mayor and City C.uncil for the --'i-'- 
 recovery of the same, and if it shall appear in such action 
 that puldic 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 any act 
 or ordinance of the city, or by its officers in the execution ot 
 their duty, such non-resident shall recover the expenses of 
 paving and collection so levied upon his property. 
 
 7 Whenever any nuisance dangerous to the health of im.., sec. 803. 
 the city shall be found upon any vacant lot within the city, 'S?P£ho, 
 the Mayor and City Council may remove or abate the same, ^/^Xpfid'!"'* 
 
378 Health. 
 
 Article XXIIL— Statutes. 
 
 and shall have the same remedy against the owner of such 
 lot for the expense of so doing as is given in the five preced- 
 ing sections against the owners of lots fronting on streets 
 paved 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. 
 
 CHEMICAL LABORATORIES. 
 
 Ibid, sec. 149. 8. No person shall erect or assist in erecting any chemi- 
 How erected, cal laboratory within the limits of said city without the con- 
 sent of the Mayor and City Council, and the Mayor and 
 Council may provide by ordinance for preventing the erection 
 of any such laboratory, and for removing or preventing tlie 
 use of any that shall be erected. 
 
 PHARMACISTS. 
 
 1872, c. 414. 9. The term or name pharmacists, in the meaning and 
 
 Meaning of scopc of this act, docs mean, embrace and apply to all per- 
 
 term pharma- - . . -i i i- • 
 
 cists. sons engaged m vending at retail drugs, medicines and 
 
 chemicals for medicinal use, and in compounding and dis- 
 pensing physicians' prescriptions, either as owners of stores 
 or as managing assistants in charge of stores. 
 
 1876,0.91. 10. Any person who does or shall vend at retail poison- 
 
 Pharmacists to ous drugs, for medicinal use, or compound and dispense 
 
 comply witll , . . , . . . . , /• r« 1 • ' ^ 
 
 this act. physicians prescriptions in tiie city oi Baltimore, without 
 
 complying with the requirements of this act, shall be deem- 
 ed guilty of a misdemeanor, and subject to a penalty or fine 
 
 Penalty. <^f fiftj dollars for each and every week he shall continue to 
 
 vend at retail jjoisonous drugs, for medicinal use, or com- 
 pound and dispense physicians' pr-escriptions in violation of 
 
 Suit in name of tliis act ; Said penalty or fine to be sued for in the name of 
 
 Commissioners -• ri • • n t>i i t-« • i /- i 
 
 of Pharmacy tlic Commissioners 01 rharmacy and Practical Chemistry, 
 
 and Practical '' '' ' 
 
 Chemistry. appointed under this act, and before a single justice of the 
 
Health. 379 
 
 Article XXIII.— Statutes. 
 
 peace, as small debts now are recoverable ; one-half thereof to 
 be paid to the Board of Public School Commissioners of said 
 city, and the other half to the treasurer of the Maryland Col- 
 lege of Pharmacy, for the use of said college ; provided, how- Proviso, 
 ever that this act sball not be so construed as to apply to or re- 
 strict the sale at retail of patent and proprietary medicines 
 and compounds, prepared and compounded 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 pat- 
 ent or proprietary medicines or compounds prepared by 
 wholesale dealers in drugs and medicines when sold as afore- 
 said, and no penalty shall hereafter be enforced against any 
 person for the sale of proprietary or patent medicines or 
 drugs other than poisonous. 
 
 11. The Maryland College of Pharmacy shall nominate i872,c.4i4,s. 3. 
 biennally, of the most skilled and competent pharmacists of commissioners. 
 the city of Baltimore, ten persons from amongst whom the 
 Governor shall appoint three commissioners, who.?e duty it 
 sliall be to faithfully and impartially execute or cause to be Duties, 
 executed, all the provisions and requirements of this act ; 
 they shall, upon application, and in sucli manner and at such 
 place as tliey may determine, examine each and every person 
 wlio shall desire to engage in vending at retail, drugs, medi- 
 cine or chemicals for medicinal use, or in compounding and 
 dispensing physicians' prescriptions in the city of Baltimore, 
 touching his competency and qualifications, and upon being 
 satisfied that the person so examined is competent and quali- 
 fied to vend at retail, drugs, medicines and chemicals for 
 medicinal use, and compound and dispense physicians' pre- 
 scriptions 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, certificate. 
 and register him as a pharmacist. 
 
380 Health. 
 
 Article XXIII— Statutes. 
 
 I**''', s. 4. 12. The commissioners appointed under this act shall he 
 
 Title of board, stjled and known as the Commissioners of Pharmacy and 
 
 Time of office. Practical Chemistry, and shall hold office for two years, and 
 
 thereafter until their successors have been appointed and have 
 
 qualified ; said commissioners shall, within thirty days after 
 
 Oath. 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 act ; the position of any commissioner appointed under 
 
 this act, who shall fail to so qualify within the time and in 
 
 Vacancies. manner named, shall be vacant ; the Governor shall fill all 
 
 vacancies occurring from amonst the persons nominated by the 
 
 Maryland College of Pharmacy under the preceding section. 
 
 Ibid, s. 5. Vet. Each and every person before commencing to vend at 
 
 Pharmici'sr.sto retail drugs, medicines or chemicals for medicinal use, or to 
 
 be registered. i i t ^ • • • • i • 
 
 compound and dispense physicians prescriptions in trie city 
 of Baltimore, as managing owner of a store, or as managing 
 assistant of a store, shall register as a pharmacist, under the 
 provisions of this act. 
 
 1872, 0. 414, s. 6. 14. Every person who shall, at the time that, this act 
 Who deemed g'ocs into eifcct, bc engaged in vending at retail drugs, medi- 
 miicists ernes and chemicals for medicinal use, and compounding and 
 
 dispensing physicians' prescriptions in the city of Baltimore, 
 and registered as an apothecary, under an act entitled ''an 
 act to prevent incompetent persons from conducting the busi- 
 ness of druggist and apothecary in the city of Baltimore," 
 approved Marcli the twenty-third, eigliteen hundred and 
 seventy, shall be deemed a registered pharmacist within the 
 meaning of this act. 
 
 Ibid, s. 7. 15. Every person holding a diploma from a regular 
 
 whodoemed chartered and recognized college or school of pharmacy, 
 
 competent .iiid . , . . ' ■, ' 
 
 entitled to be bascd uiiou a lull ai)i)renticeshii) of four years as a pharma- 
 
 registered. ' ' • ' ' * 
 
 cist, and who presents satisfactory evidence of these facts to 
 
Health. 381 
 
 Article XXIII.— Statutes. 
 
 the said Cornmissioiiors of Pharmacy aud Practical Chemistry, 
 shall be deemed competent, and entitled to register as a 
 pharmacist. 
 
 16. Said commissioners of pharmacy and practical die- ibid, s. s. 
 mistry sliall demand and receive from eacli applicant, for a Kers for cpitifi- 
 
 cate and regUs- 
 
 certificate of competency whom they examine, five dollars '>«t'on 
 for each examination, and shall likewise he entitled to de- 
 mand and receive one dollar from every person whom they 
 register; the money received under the provisions of this 
 section sliall be used and applied by said commissioners to 
 defray the expenses accruing or arising under this act. 
 
 17. In case of the death of a registered pharmacist doing i876,c. 9i. 
 business in the city of Baltimore, his legal representatives Rcpresenutives 
 
 ^ • '"> ' of deceased. 
 
 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 act. 
 
 18. No person, unless he be registered as a pharmacist ists.c.qi. 
 under this act, or unless he be an apprentice who has had at who^permuted 
 least two years' experience' under a pharmacist, who has at- pJ^^lZ,. 
 tended at least one full course of lectures on pharmacy or 
 chemistry and materia medica, shall be permitted to com- 
 pound and dispense the prescriptions, except as an aid under 
 
 the supervision of a registered pharmacist. Any registered 
 pharmacist violating this section, or permitting its violation in 
 any store under his charge or management, shall be subject to 
 a penalty or fine of fifty dollars, the one half thereof to be PenaUy. 
 paid to the Board of Public School Commissioners of said 
 city for the use of the Public Schools, and the other half to 
 the treasurer of the Maryland College of Pharmacy for the 
 use of the college. 
 
 19. Any person who shall mix with any substance or pre- me.c.gi. 
 paration used or intended to be used as an otiicinal medicine, Aduj.e^.-''X 
 any foreign or inert substance for the purpose of adulterating --Jiir.fg^Th! 
 or weakening the same, or shall knowingly sell or knowingly 
 
382 Health. 
 
 Article XXIII. — Statutes. 
 
 offer for sale any officinal medicines so adulterated or deficient 
 in standard strength, shall be deemed guilty of a misdemeanor, 
 Penalty. and subject to a penalty or fine of fifty dollars, as provided in 
 
 the preceding section. 
 
 SMALL POX. 
 
 1872,0.257,3.1. 20. A State vaccine agency is hereby established; said 
 state vaccine agciicy to bc locatcd in the city of Baltimore, in wliich place 
 
 apency estab- 
 
 lisiieu. shall be kept, at all times, a supply of fresh and pure vaccine 
 
 virus, if practicable, not more than four removes from the covv, 
 for the use of the physicians residing and practicing medicine 
 and surgery in this State. 
 
 Ibid, s. 2. 21. The Governor, by and with the advice and consent of 
 
 Apnointment of the Senate, shall, oucc in six years, appoint as State Yaccine 
 
 State Vaccine . ,.. . ,', , ,. , 
 
 Agent. Agent, one physician or good character and standing, whose 
 
 Duties. <^uty it shall be to keep on hand, and to procure as often as 
 
 may be necessary, pure vaccine virus, and to furnish such virus 
 to the physicians of the State gratuitously when called for. 
 He shall keep a record of the name and location of each phy- 
 sician so furnished with virus, together with the quantities, 
 qualities and number of times. He shall be required to adver- 
 tise once a month in one or more of the newspapers published 
 in the city of Baltimore, and once during the year (three inser- 
 tions) in one paper of each county. He shall, for his services as 
 
 Salary. State Vacciuc Agent, receive an annual salary of six hundred 
 
 dollars, (and to defray the expenses incurred by him in pro- 
 curing reliable vaccine virus, and to further carry out the pro- 
 visions of this act, the additional sum of fourteen hundred 
 dollars is hereby appropriated,) said salary to be paid in quar- 
 
 Proviso. terly instalments, as other State officers are now paid; jsrovided 
 
 that it shall be competent for the Governor, at any time, to 
 remove said agent for neglect, incompetency, or unfaithfulness 
 of any kind, and in case of death, resignation or removal for 
 any of such causes, to appoint another in his stead, who shall 
 hold office for the unexpired term of such agent. 
 
Health. 383 
 
 Article XXIII.— Statutes. 
 
 22. For every child vaccinated whose guardian or parents isei.c. 269, s. 3. 
 are too poor to pay for the service, the county coniiiiissioners whenphysi- 
 
 , ciaus paitl by 
 
 of the several counties or the City Council of Baltimore, as py'^"un<:>*. 
 the case may be, shall pay or cause to be paid to the physician 
 performing the service the sum of fifty cents for every such 
 case, on presentation of such account duly authenticated by 
 an affidavit setting forth that the service was performed, and 
 that the parents or guardians arc unable to pay for said ser- 
 vice. 
 
 23. It shall be the duty of every practicing physician in ibui.s. 4. 
 this State to vaccinate all children in the circle of his practice who to be 
 
 vaccinated. 
 
 whicli may be presented to him for vaccination within one 
 year after birth, if such child shall be in proper condition for 
 such service, and he shall vaccinate all other persons not pre- 
 viously effectually vaccinated who shall request such service 
 from him. Any physician neglecting or refusing so to do shall Penalty. 
 on conviction thereof forfeit and pay for every offence a penalty 
 of five dollars. 
 
 24. Any physician who shall knowingly and wilfully use i872.c. 257, s. 5. 
 any virus defective in its nature, by having passed tliroiigh a f'^/'^^J'/^''^'',,^.'^- 
 scrofulous system, from having been ta\en from one laboring icctive virus. 
 under any disease of the skin, chronic, sore or febrile, or other 
 
 disease, during the progress of the vaccine disease, or any crust 
 which, during the progress of said vaccine disease, was punc- 
 tured, or had sustained other injury, shall, upon conviction 
 thereof, forfeit and pay a sum not less than one hundred nor 
 more than five hundred dollars for each offence. 
 
 25. It shall be the duty of every parent and guardian toiwu.s.e. 
 have his or her child vaccinated within twelve months after its Dujy^;;^^!^*^^;^ 
 birth, if it shall be in proper condition, or as soon thereafter as 
 practicable; and if such parent or guardian shall have any 
 
 other person under his or her control or care not duly vaccin- 
 ated, he or she shall cause such person or persons to be vaccin- 
 
384 
 
 Health. 
 
 Article XXIII.— Statutes. 
 
 Penalty. 
 
 18G4, c iiS'J, s. 7 
 
 Penalty for 
 artmittiiig to 
 schools iiiivac- 
 cinated juipils, 
 
 ated prior to the first day of November of each year. Any 
 person failing to comply with the provisions of this section 
 shall, on conviction thereof, forfeit and pay a sum not less than 
 five nor more than ten dollars for each offence. 
 
 26. No teacher in any school shall receive into such school 
 any person as a pupil until such person shall produce the 
 certificate of some regular practicing ])hysician that such ap- 
 plicant for admission into the school has been duly vaccinated. 
 Any teacher so offending shall, on conviction thereof, forfeit 
 and pay a fine of ten dollars for each offence, and no public 
 school trustee or commissioner shall grant a permit to any 
 child to enter any public school without such certificate, under 
 the same penalty. 
 
 27. All fines imposed under the provisions of this act shall 
 be recovered before a justice of the peace in the same manner 
 as small debts are recoverable, for the use of the school fund 
 of the county or city in which such offence shall occur. 
 
 28. The vaccine agent to be appointed under the provisions 
 of this act shall give bond to the State of Maryland in the sum 
 of three thousand dollars, conditioned for the faithful perform- 
 ance of his duties, said bond to be approved by the Comptroller 
 of the State. 
 
 29. The State Vaccine Agent is hereby required to take all 
 steps necessary to reproduce from the cow true vaccine virus 
 for the use of physicians residing and practicing medicine and 
 surgery in the IState, and shall furnish none more than four 
 removes from the cow, if practicable, and none that has not 
 been produced under his own supervision and direction, pro- 
 vided that he may take, use and furnish such virus furnished 
 to him by any physician entrusted by him to procure the same, 
 such virus not to be taken from the arm of a child less than 
 three months old; and the said agent shall report annually to 
 the Governor the particulars of his expenditures, and other 
 matters connected with the duties of his agency. 
 
 Ibid, s. 8. 
 
 How fines re- 
 coverable. 
 
 187v>, c. 257. 
 
 Vaccine agpiit 
 to give bond. 
 
 1872, c. -267. 
 
 True vaccine 
 virus. 
 
 Report to Gov- 
 ernor. 
 
Health. 3S5 
 
 Article XXIII. — Ordinances. 
 
 STREETS. 
 
 30. Whenever the Board of Health shall certify in writing p. t.L.art. 4, 
 
 sec 8^4. 
 
 to the Mayor that it ie necessary for the health of the city to Altering grade 
 
 of streets (or 
 
 alter the grade of any street, lane or alley on low or made health or city. 
 ground, the Mayor shall proceed to act in the manner specilied 
 ?n Article XLVII, Streets, Statutes. 
 
 31. The Mayor and City Council have power to clean the p. l. L.,art. 4, 
 
 sec. f6 '. 
 
 Streets and remove the dirt and filth therefrom, and to prohibit Din and fiitn in 
 and piHiish by ordinance the placing of any dirt, tilth or other 
 matter therein. 
 
 ORDINANCES. 
 B0ARI3 OP HEALTH. 
 
 1. There shall I)o annually appointed, as other city otficers no.i8,s i.bo. 
 
 , . i-' TT 1 I , No. 5, Feb. 28, 
 
 are appointed, one ])hy8ician as Commit^sioner ot Health, and 'lii. 
 
 one Assistant Commissioner of Health, which otficers so ap- bo^hi of Health 
 
 .... ai)pi>inted : du- 
 
 pointed shall constitute a Board of Health, whose duty it sliall ties prescrii.ed. 
 be to cause to be executed and observed all ordinances for the 
 preservation of the health of the city. 
 
 2. There shall be annually appropriated as a compensation no. 102, nov. 7, 
 for tiie Commissioner of Health the sum of twenty-five linn- salaries of 
 
 n Yj 11 missioner = 
 
 dred dollars, and for the Assistant Commissioner ot lieaith assistant. 
 fifteen hundred dollars. 
 
 3. The said Board of Health shall meet daily throughout Nn.i«,.s.2,R.o. 
 the year, and at such other times as they may be called MeeMngs.ot 
 together by the Mayor; and it shall be the duty of each mem- 
 ber of the board, at all such meetings, to report his separate Recoai^of pro- 
 official acts, which, together with the proceedings of the board, 
 
 shall be accurately recorded by the Commissioner of Health. 
 
 4. It shall be the duty of the Commissioner of Health to ihui, s.s. 
 enforce all the ordinances enacted by the Mayor and City cou^;^^^-^,^ 
 Council of Baltimore for the preservation of the health of the '-"ces. 
 
 com- 
 missioner and 
 
386 Health. 
 
 Article XXIII. — Ordinances. 
 
 To decide citj, and to decide all appeals from the reports of the police 
 
 appeals. 
 
 oincers or others, by a personal examination of the pieinises 
 in all cases of dispute, and to keep a record of all his official 
 acts. 
 
 Ibid, 8. 5,^0..% 5. It shall be the duty of the Commissioner of Health to 
 Feb, 28, 'ei. . . ^ , . . 1 
 
 Commissioner's make a circuit ot observation once in every week, to every 
 
 ])art ot the city and its environs, wlii(;h, trom its location, or 
 from any collateral circumstances, may be deemed the cause of 
 disease, and in all cases where he may discover the existence 
 of any agent the presence of which will prove dangerous to 
 the health of the city, he shall cause any ordinance in existence 
 for its correction to be enforced, or if there be no ordinance 
 competent to the correction of the evil, he shall make a full 
 report of all the attending circumstances to the Mayor, accom- 
 panied with his opinion of the necessity of extraordinary or 
 particular action. It shall be his duty also to make diligent 
 enquiry into all cases of malignant, infectious or contagious 
 diseases which may occur, and cause immediate measures to 
 be taken to arrest their progress, and generally to notice all 
 things that relate to the preservation of the health of the city. 
 
 Ibid, s. 4, No. 0. It shall bo the duty of the Assistant Commissioner of 
 
 i>0, Feb. 28, '72. 
 
 Duties of as- Health to attend at the health office every day, except Siin- 
 
 Bistaiit comniis- i . i i i , /. • , i , i< ■ i i- i i • 
 
 sioner. day, to discharge the duty ot seeing that a taithtul record is 
 
 kept of all reports and other matters relating to the liealth 
 
 When to act in department ; and in case of sickness or absence of the Com- 
 
 sioner°of Health missiouer of Health, or when directed by the Mayor, he shall 
 
 perform all the duties herein assigned to the said Commissioner 
 
 of Health. 
 
 No. 18, s. 6, 7. It shall be the duty of the Marine Hospital Physician, in 
 
 Marine Hospi- addition to such othcr duties as are hereinafter required of 
 
 tal physician to , i ■ i <». i i i i 
 
 attend meetings him, to attend at the health oihce, when so requested l)y the 
 
 of board. ' . 
 
 Commissioner of Health or the Mayor, inform the board or 
 Mayor of anything demanding the attention of tiie health de- 
 
Health. ' 387 
 
 Article XXIII.— Ordinances. 
 
 partment, and advise with the said commissioner on all subjects 
 particularly appertaining to tiie sanitary condition of the port. 
 
 8. It shall be the duty of the police officers to execute all iMd.s 7. 
 orders of the Board of Plealth, so far as they may relate to Poiice officers 
 the preservation of the health of the city. orders', &c. 
 
 9. It shall be the duty of the Commissioner of Health to ibid, s u. 
 give to the Mayor and other city authorities all such profes- Preservation of 
 
 1 J • 1 • i. ,. ,1 . . . public health. 
 
 sujnal advice and intormation as they may require, with a 
 view to the preservation of the public health ; to enquire into 
 the health of the city, and whenever he shall hear of the exist- 
 encio of any malignant, contagious or pestilential disease, to 
 investigate such report, and ascertain as correctly as possible, 
 the causes which produced said disease, to adopt measures to 
 arrest its progress, and to report in writing to the Mayor every 
 circumstance likely to endanger the health of the city ; and 
 each practising physician in the city is hereby invited and re- 
 quested, at all convenient times, to give information of the information as 
 
 ^ ' D to health of 
 
 State of the health of tiie city to the Commissioner of Health, ^-ity- 
 and assist and aid him with his counsel and advice, in all mat- 
 ters that relate to the preservation of the health of the inhabi- 
 tants and the prevention of contagious diseases. 
 
 10. All necessary expenses incurred by the Board of Health No. is, s. ei, r. 
 in the discharjj-e of duties required in this article, shall be Expenses of the 
 
 " rr 1 1 I'"*''''- how to 
 
 defrayed by the corporation, and the Commissioner ot Health be defrayed. 
 
 may, with the consent of the Mayor, draw on the Register of 
 
 the City from time to time, for such sums as may be required 
 
 to carry into effect the duties herein enjoined upon the board, 
 
 and he shall immediately thereafter lay a detailed statement Annual state- 
 
 ment. 
 
 of his accounts before the Mayor and Comptroller, and an- 
 nually before the City Council. 
 
 11. If any person shall knowingly obstruct or resist the ibid, 3. e.'. 
 Board of Health, or any member thereof, or any person by Penaity^for^ob- 
 them appointed, in the execution of the powers to them given, board. 
 
388 Health. 
 
 Article XXIII. — Ordinances. 
 
 or in the performance of the duties enjoined on them by tliis 
 or any other ordinance in relation to the public health, such 
 person shall forfeit and pay a sum not exceeding two liundred 
 dollars. 
 
 niid, s. 63. 12. If any person or persons shall refuse or neglect to com- 
 
 Penaity for re- ply witli any Order or notice of the Board of Health, authorized 
 
 fusing to obey ' i • i • 
 
 orders of board, by any scctiou of this article, and no other penalty is herem 
 provided for such neglect or refusal, such person or persons 
 shall forfeit and pay the sum of twenty dollars for each offence, 
 and five dollars for every day that such neglecrt or refusal shall 
 continue. 
 
 Ibid, s. 68. 13. Alland any contracts made in pursuance of any pro- 
 
 contracts, how visiou Contained in this article, or any contract or contracts 
 
 to be made. 
 
 made by the Board of Health, or quarantine physician, shall 
 be made in conformity with t[ie requirements of sections 51 to 
 54, of Article I. 
 
 NUISANCES AND THE PREVENTION OF DISEASE. 
 
 No. 18. s. 18, R. 14. It shall be the duty of the Commissioner of Health to 
 
 o. 
 
 Commissioner iiispcct, at Icast oucc iu cvcry two wccks, between the hrst 
 
 to inspect 
 
 stieets,wharves, day of Marcli and the first day of November, in every year, 
 and at such other periods as the Mayor may direct, all the 
 streets, lanes, alleys, wharves, warehouses, cellars, yards, lum- 
 ber yards, lots and docks of the city, and all other places he 
 may deem necessary, and make a written report to the Board 
 of Health of the general state of the city, and to enforce all 
 laws and ordinances having any relation to healtii, and to re- 
 move or cause to be removed all nuisances. 
 
 Ibid, 8. 19. 15. It shall be the duty of said commissioner carefully to 
 
 To examine iuspcct all lots, grouuds, suspcctcd ccllars or possessions, and 
 
 streets, alleys, all strccts, lauos Or allcys within the city, and whenever he 
 
 shall be of opinion that any cellar, lots, grounds or possessions 
 
 within the city are iu a state of nuisance, or so situate that in 
 
Health. ' ' 339 
 
 Article XXIIL— Ordinances. 
 
 ce to own- 
 ers to remove 
 
 wartTi or unhealthy seasons a nuisance may be thereby created, 
 and the health of the citizens endangered, it shall be his duty, 
 and he is hereby authorized to cause a notice to be served on Noti 
 
 i.1 • • I • 1 1 . ers to rem 
 
 the owner or owners, occupier or occupiers, or his, her or their nuisance. 
 
 agent, directing him, her or them to have said nuisance, or 
 
 cause of nuisance, removed, in the manner prescribed in such 
 
 notice; and if such owner or owners, occupier or occupiers, or 
 
 his^ her or their agent or agents, shall neglect or refuse to 
 
 comply therewith, he, she or they so refusing or neglecting, 
 
 shall forfeit and pay not less than ten, or more than twenty Penalty for ne- 
 
 dollars, and the further sum of five dollars for each and every 
 
 day he, she or they shall continue to neglect or refuse to com 
 
 ply with said notice, and shall moreover pay the expenses in 
 
 curred in case such nuisance or cause of nuisance shall be 
 
 removed under the directions of the Commissioner of Health, 
 
 which the said commissioner is hereby authorized to cause to 
 
 be done in case of such neglect or refusal. 
 
 16. In case no agent, occupier or owner can be found on ibid, 3.20. 
 whom' to servo such notice, the said commissioner is hereby Nuisances. 
 
 when to be re- 
 authorized, after irivins: five days' public notice in one or more moved at ex- 
 
 ' n n ./I pense of cit'- . 
 
 of the daily newspapers published in the city, to have any 
 nuisance or cause of nuisance removed at the expense of the 
 city in the first instance, and the Register shall keep an account 
 of the expenses incurred, to be recovered from the owner when 
 ascertained and found. 
 
 17. Whenever the Commissioner of Health shall have jbid.s.iji. 
 cause to suspect that a nuisance exists in any house, cellar or when commis- 
 
 ' 1 • J sinner may en- 
 
 enclosure, he may demand entry therein in the day tune, and ter on premises 
 if the owner or occupier shall refuse or delay to open the same 
 and admit a free examination, he shall forfeit and pay for every 
 such refusal the sum of twenty dollars. 
 
 18. Whenever the Commissioner of Health shall be of ibid.s.M. 
 opinion that the navigation at any of the wharves or docks, His^duty as to 
 from not being sufficiently deepened and cleaned, are in such 
 
390 Hkaltii. 
 
 Article XXIII. — Ordinances. 
 
 a condition that a nuisance may bo created thereby, he shall 
 Notuctobe cause a notice to be served upon the occupier or occupiers, 
 
 given. * ' 
 
 agent or agents, owner or owners of any wdiarf or wharves, 
 dock or docks, to deepen or cleanse tlie navigation at any 
 wharf or dock in such manner as may be prescribed in such 
 notice ; and if such owner or owners, occupier or occupiers, 
 agent or agents shall neglect or refuse to deepen or cleanse the 
 Penalty. satuc, cach ])erson so oifending shall forfeit and pay ten dollars, 
 
 and the further sum of five dollars for each and every day he, 
 she or they sliall so neglect or refuse, and shall moreover pay 
 the expense incurred in case the navigation of such wharf or 
 dock shall be deepened and cleansed under the authority and 
 direction of said commissioner, which he is hereby authorized 
 to cause to be done on such neglect or refusal, within five days, 
 under the superintendence of the Harbor Board. 
 
 Ibid, s. -23. 19. The Board of Health is hereby empowered and required 
 
 Drain of low to substitutc draining in low grounds, instead of filling them 
 
 grounds. 
 
 up, in all instances where, in their opinion the draining will 
 as eflfectually answer the intended purpose. 
 
 Ibid, s. 24. 20. Whenever the Commissioner of Health, in proceeding 
 
 Power to enter to rcmove nuisanccs, shall discover that the nuisance com- 
 
 on lots causiiig ,,,,... i- • • i • i ii i ' • 
 
 nuisances. plauied oi Originates on an adjoining lot or lots, it snail be his 
 duty to enter thereon, and the owner or owners, occupier or 
 occupiers of such lots, or his her or their agents, on neglect 
 or refusal to remove such cause of nuisance after notice from 
 
 Penalty for ne- Said commissioncr, shall forfeit and pay for every such neglect 
 
 gl^ct to remove 
 
 nuisances. or rcfusal tlic sum of twenty dollars. 
 
 Ibid, s 25. 21. If there be no owner, occupier, or agent of owner, of 
 
 Notice when no any lot or premiscs upon whom such notice can be served, 
 
 owner can be ■' ' ' 
 
 found. notice shall be deemed in all respects sufiicient, if exposed in 
 
 some o[)en way upon the lot or premises to which it refers. 
 
 ibid,B. JG. 22. It shall be the duty of the Board of Health to carry 
 
 into efiect the provisions of the fifteenth and twentieth sections 
 
Health. 391 
 
 Article XXIII. — Ordinances. 
 
 of this ordinance, and \n all cases embraced within the opera- Pubuc notice to 
 
 , . , . II- . . 1 b^ given when 
 
 tion ot said sections, wlien there is no occupier or the property, owner does not 
 
 '^ 1 I »/ J reside in city. 
 
 and the owner or agent thereof does not reside in the city of 
 Baltimore, to give notice in one or more of the newspapers 
 published in the city of Baltimore, for such time as they may 
 consider reasonable, requiring such owner or agent to remove 
 the nuisance to be mentioned in said notice, by some day 
 therein fixed, and upon failure to comply with such notice, 
 the said nuisance shall be removed under the direction of the 
 said Board of Health, and the expense of removing the same, 
 together with tiie cost of such advertising, shall be a lien 
 upon the entire property where such nuisance may be found 
 to exist. 
 
 23. After the Board of Health has completed the removal iwd, s. 27. 
 of nuisances in the way contemplated by the provisions of this Expenses and 
 
 penalty to be- 
 
 ordinance, and the amount of penalty incurred, or the amount come alien on 
 
 ' r ./ ' property. 
 
 of expenses to which the corporation has been put by said 
 removal shall be unpaid, the said expenses and penalty shall 
 forthwith become a lien upon the lot or premises from which 
 the nuisance may have hecu removed, and when judgment in 
 due course of time shall have been obtained for said amount, 
 or any one of them, against the owner or owners of the pre- 
 mises, the property shall be sold under due legal process. 
 
 24:. If any property chargeable as aforesaid shall be owned ibid. s. -as. 
 by any ])erson or persons not resident within the limits of the Proceedings^ 
 State of Maryland, it shall be the duty of said board to expose J«£f|p'/- 
 for sale and sell the same at public auction to the highest"""""' " 
 bidder for cash ; provided, that before the said board shall 
 proceed to sell as aforesaid, they shall give notice of such sale 
 in three of the daily newspapers of the city, together with a 
 particular description of the property proposed to be sold, by 
 advertisement published twice a week for three successive 
 weeks, and they shall deduct from the proceeds of said sale 
 all costs, charges and expenses attendant thereon, as well as 
 
 : ol' state. 
 
{92 
 
 Health. 
 
 Article XXIII. — Ordinances. 
 
 the amount of penalties or expenses for removal of nuisances 
 in arrear, and place the balance in the city treasury, to the 
 credit of the owner of the ground, or such other party as may 
 be legally entitled to receive it. 
 
 No. 18, 8. 55, R. 25. Whenever any person or persons shall be in actual 
 Persons in pes- posscssion of, or liavc chargc, care or control of, any property 
 
 session to be 
 
 deemed owners, within the city, as exccutor, executrix or executors, adminis- 
 trator, administratrix or administrators, trustee or trustees, 
 guardian or guardians, agent or agents, such person or persons 
 shall be deemed and taken to be the owner or owners of such 
 property, within the true intent and meaning of the several 
 ordinances of the city, and shall be bound to remove all nuis- 
 ances from such property, and to comply with all the provisions 
 of any ordinance of the city in relation to the health of the 
 city, so far as the same may effect such property, in the same 
 manner, and under the same penalties, fines and forfeitures, as 
 if such person or persons were actually the owner or owners 
 
 Notice. of such property, and notice to any such person or persons of 
 
 any order of the Board of Health, shall be deemed and taken 
 to be as good and sufficient notice as if such person or persons 
 were actually the owner or owners of such property. 
 
 Ibid, s. 29. 
 
 Power as to 
 hydrants, &c. 
 
 26. Whenever the Board of Health shall discover that any 
 nuisance complained of proceeds from the leakage of any 
 hydrant or hydrants, pipe or pipes, situated on an adjoining 
 lot or lots, cellar or cellars, they shall have the power, and they 
 are hereby authorized to require the owner or owners, occupier 
 or occupiers of such lot or lots, cellar or cellars, to remove the 
 cause of such nuisance. 
 
 27 If any person shall fail to comply with the directions 
 Persons refus- of the Board of Health, the said board shall have power, and 
 
 mg to obey 
 
 shall pay ex- tlicy ai'c hereby authorized and empowered to cause any nuis- 
 
 penses. • ./ i ./ 
 
 arice or cause of nuisance to be removed, the cost thereof to 
 be paid by said person. 
 
 Ibid, s. 30. 
 
Health. 393 
 
 Article XXIII. — Ordinances. 
 
 28. All cellars and vacancies under stores, warehouses and ibid, s. 31. 
 
 d well inr^pi, upon made ground, shall, when deemed necessary ceiiar^&c, to 
 by the Hoard ot" Health, be filled up with sound materials and 
 paved with hard bricks or stones; and when deemed expe- 
 dient by the said board, the lots thereto appertaining shall be 
 filled up above the level of the street, so as to prevent the 
 lodgment of water on the premises. 
 
 29. All wooden buildings that are now or may hereafter be ibid,s.32. 
 
 below the level of the brick paven)cnts or streets, shall be Frame build- 
 ings to be 
 raised up and underpinned with brick or stone, and all per- raised. 
 
 sons refusing or neglecting to obey the directions of the Board 
 
 of Health iti the premises, shall forfeit and pay a penalty not Penalty. 
 
 exceeding twenty dollars, and five dollars for each and every 
 
 day during the continuance of such neglect or refusal ; pro- piovIsq. 
 
 vided, he, she or they, receive one month's notice from the 
 
 Board of Health to complete the same. 
 
 30. All lumber and wood yards within the limits of the ibid, s. 33. 
 city of Baltimore shall be raised and graded in such a man- Lumber^a^nd 
 ner that water will not stand therein, and that the lumber or >«>guiated, 
 wood placed in said yards shall be raised at least twelve inches 
 
 above the surface of the ground, so that the air may circulate 
 freely under such lumber or wood, and it shall be the duty 
 of the Assistant Commissioner of Health to cause a copy of 
 this section to be served on the owner or owners, or his, her 
 or their agent, and on the occupier or occupiers of any lumber 
 or wood yard in this city, on or before the first day of April in 
 each and every year, and every owner or occupier of any 
 lumber or wood yard, after being served with a copy of this 
 section, shall comi)ly with the requirements thereof on or be- 
 fore the first day of June, in each and every year; and every 
 person neglecting or refusing so to do, shall forfeit and pay a Penalty. 
 sum not exceeding fifty dollars, and for every twenty four 
 hours, he, she or they shall neglect or refuse to comply with 
 the same, a further sum of ten dollars. 
 
394 
 
 Health. 
 
 Article XXIII. — Ordinances. 
 
 Ibid, s. 34; No. 
 25, May 2, '62. 
 Gutters to be 
 kept clean, 
 
 Penalty. 
 
 Ibid, s. 85. 
 
 Nauseous 
 liquors not to 
 be thrown in 
 streets. 
 
 Ibid, 8. 36. 
 Filthy stables. 
 
 Penalty. 
 
 31. It shall be the duty of eaeh and every occupier of any 
 house, or owner of any lot within the limits of direct taxation, 
 fronting a paved street, lane or alley, to keep the gutter in 
 front of said house or lot clean at all times during the months 
 of April, May, June, July, August, September and October, 
 and each and every person herein offending shall forfeit and 
 pay for each offence one dollar, notice having first been given 
 to said person. 
 
 32. If any person shall cast or throw, discharge or cause 
 to flow* into any of the streets, lanes or alleys of this city, any 
 blood or foul or nauseous liquor, or other liquid or offensive 
 matter which is likely to become a source of nuisance after 
 exposure to the atmosphere, or shall keep, collect, use or suffer 
 to remain on his or her premises any nauseous liquor, stagnant 
 water or other offensive matter, he, she or they so offending 
 shall forfeit and pay for each and every such offence a sum 
 not exceeding twenty dollars. 
 
 33. If any person having a cow or cows, horse or horses, 
 in any stable within the city, shall keep the same in such 
 manner that the filth and stench therefrom shall become 
 offensive to or annoy any neighbor or other person, the per- 
 son keeping such cow or horse as aforesaid, shall forfeit and 
 pay for every such offence five dollars, and the further sum of 
 five dollars for each and every day the nuisance shall be suf- 
 fered to remain, notice having first been given to the party 
 offending. 
 
 *Held by Brown, C. J., in City Court, March 31, 1874, CurUy v. Mayor, 
 cfcc, that taking two buckets of filth from a privy, and casting it on an 
 adjoining yard, the proprietor of whicli waslied it through lier stable into a 
 public alley in the rear of the yard, was not a " causing to flow," under this 
 section; but that the next section (sec. 33) of this article was applicable to 
 the case; and that the person offending -should have been sued under this 
 latter section. On this the city asked leave to amend, and the Court decided 
 that : the amendment would not be allowed, as it would charge the person 
 offending with the violation of a different provision of the City Code, which 
 would be to make a new case against her. 
 
Health. 395 
 
 Article XXIII.— Ordinances. 
 
 34. No person shall cast, throw, draw out or deposit any iwd, s. 33. 
 dead carcass, or any part or parts thereof, dead fish, or any carioii,&c.,to 
 
 f., , « 1 . . 'be buried. 
 
 excrement or tilth trom vaults or privies, necessary houses or 
 water-closets, on or into any part of the city, nor shall any 
 person periiiit the same to he deposited on his or her premises 
 without effectually covering the same witiiin five hours after 
 such deposit, with and under such a body of earth as will and 
 shall entirely prevent any noxious effluvia or any offensive 
 smell arising from the same, under a penalty not exceeding Penalty, 
 twenty dollars for each and every offence, together with the 
 expense of removing the same. 
 
 35. It shall not be lawful for any person or persons to No. is, s. gs, r. 
 deposit on any lot within the limits of direct taxation in the Manure, jkc, 
 
 ' •' ,_ not to be depos- 
 
 city of Baltimore, any manure or nuisance of any kind, with- ued wuhin cer- 
 out the consent of the property-holders adjoining said lot ^'iggfJJ,'''"' 
 be first procured and filed in the office of the Board of Health, 
 under the penalty of five dollars for each and every offence, 
 and five dollars for each and every day said nuisance may 
 remain, to be recovered as other fines and forfeitures for vio- 
 lations of city ordinances. 
 
 36. No person or persons shall bo allowed to deposit upon No. so, May 92. 
 his or her premises, or any other premises or lot, within the Persons nouo^^ 
 limits of direct taxation, the cleanings of any slaughter house, premises, &c. 
 fish dealer's house or yards, or any other branch of trade, 
 
 making filth, for any purpose whatsoever, nor shall any per- 
 son or persons be allowed to receive or deposit upon his or 
 her premises, within direct taxation, any dead animal or part 
 or parts thereof, or green bones, or any other offensive arti- 
 cles, under a penalty of not less than five dollars, nor more Penalty. 
 than twenty dollars, for each and every oftence. 
 
 37. No person or persons shall be permitted to remove any ibid, s.a. 
 such things, enumerated in the preceding section, from his or Removal. 
 
396 
 
 Health. 
 
 Article XXIII. — Ordinances. 
 
 her premises, to any other premises within direct taxation, 
 Penalty. iiDcIer H penalty of five dollars for each offence. 
 
 Ibid, s. 3. 
 
 Outside city 
 limits. 
 
 Penalty. 
 
 No. 68, Sept. 
 
 '67. 
 
 Bone dealers 
 
 Proviso. 
 
 38. Any person or persons living outside of the eity, who 
 shall bring any of the filth heretofore mentioned and deposit 
 the same on any premises within the limits of direct taxation, 
 shall be subject to a fine of five dollars. 
 
 30, 39. The preceding three sections shall not be construed 
 as to prohibit dealers in bones from purchasing the same, and 
 depositing the same on such premises as the said dealers may 
 occupy and use for that purpose; provided, however, that 
 green bones, or such as have flesh or fatty matter on them, 
 shall not be kept by any dealer in them having his place of 
 deposit within the limits of direct taxation, longer than twelve 
 hours. 
 
 No. 62, June 14, 40. It sliall uot be lawful for any person or persons or 
 whennooyster body corporatc to dump or place any oyster shells within the 
 
 stiells to be i. . • ■, • <• t-» i • " i ci* i_ 
 
 dumped within coritoratc limits ol the City of oaltimore, between the hrteenth 
 
 city limiU. ' "^ 
 
 day of April and the fifteenth day of September, without first 
 obtaining permission so to do from the Commissioner of 
 Health ; provided nothing in this section shall be so con- 
 strued as to prevent any oyster-packing establishment or oyster 
 dealers from depositing oyster shells at the place where such 
 establishments or dealers may be actually engaged in business. 
 Any person or ])ersons or body corporate found violating this 
 section shall, upon c(;nviction thereof, pay a fine often dollars 
 for each and every day he or they may so violate the provi- 
 sions hereof, said fines to be recovered as other fines are 
 recoverable. 
 
 41. Any person who may have deposited or who may de- 
 posit oyster or clam shells in any ^^ublic square, place, street, 
 lane, alley or elsewhere, within the limits of the city of Balti- 
 more, or cause the same to be done, and shall fail to remove 
 them when directed by the Board of Health shall forfeit and 
 
 Proviso. 
 
 Penalty. 
 
 No. 97, Oct. 27, 
 '6i. 
 
 R(?moval of 
 oyster shells 
 within city 
 limits. 
 
Health. 397 
 
 Article XXIII.— Ordinances. 
 
 pay tlie sum of twenty dollars for each and every day the same Penalty. 
 shall remain in such place, after having received ten days' 
 notice; and the amount so forfeited shall be collected as all 
 other fines are. 
 
 42. It shall not be lawful for any person or persons to n.i. is, s. se r. 
 
 ,, ,,, , , , , O; No. 38, May 
 
 hawk or peddle oysters tiirough any of the streets, lanes ora. 'fi3; No. ~:>, 
 
 r J t^ J » Sept. 4, '60; No. 
 
 alleys of the city of Baltimore, from the first day of June to ^''' '^"'p'- =^^' '^'^• 
 the fifteenth day of September, in each and every year, and when hawking 
 
 n • ^ • f ^ • • /» ' oysters prohib- 
 
 tor any violation of the provisions of this section, the person 'ted. 
 or persons so offending shall forfeit and pay a penalty of twenty penalty. 
 dollars, to be recovered as other fines and forfeitures are 
 recoverable. 
 
 43. It shall not be lawful for an}' person or persons to erect J^"- ^''' o*"'- ^^' 
 within the limits of the city, any lime kihi for the purpose of unlawful to 
 
 1 • 11 ''1 1 • i? • erect lime- 
 
 burning oyster shells or stone lime, under a penalty ot ntty kiius. 
 dollars for each and every offence, and twenty dollars for each penalty. 
 and every day any lime kiln erected in violation of this sec- 
 tion shall remain in use. 
 
 44. It shall not be lawful for any person or persons, or no. n, Feb. -34, 
 body corporate, to use any ground within the limits of the city Ground within 
 
 •^ "^ '' ^ city limits not 
 
 of Baltimore for an ice pond or skating rink, under a penalty tobeu.sedfor 
 
 » o ' ' an Ice pond or 
 
 of twenty dollars, and a further penalty of ten dollars for 3k»ti"g "-"k- 
 every day any violation of this section may be continued after penalty, 
 notice thereof by the Commissioner of Health, the penalties 
 hereby imposed to be recovered in the same manner as other 
 fines and penalties for violations of city ordinances are 
 recoverable. 
 
 45. Neither the wharves or low grounds in any part of the no. is, s, 4o, r. 
 city shall be filled with any kind of wood shavings or vegeta- whajves^and 
 ble matter, and every person oftending herein shall forfeit and how to be eiied 
 pay for each and every offence a sum not exceeding fifty dol- pen.ity. 
 lars. 
 
398 Health. 
 
 Article XXIII. — Ordinances. 
 
 Ibid, 3. 41. 46. All spars, arks, logs or timber that may be in the water 
 
 Spars', &c., of tlie liarbor of Baltimore, l)et\veen tlie first day of June and 
 
 afloat ID harbor. 
 
 the first day of November in each and every year, shall be 
 kept constantly afloat ; and whenever the Commissioner of 
 Health shall suspect that any injury to the health of the city 
 may arise therefrom, he shall order the same to be removed 
 to some place wiiich shall be distant at least two hundred 
 yards from any dwelling or wharf; and every person offend- 
 ing against this section shall forfeit and pay a sum not exceed- 
 Penaity. ing twenty dollars, and the further sum of ten dollars for each 
 
 and every twenty-four hours that such offence may continue. 
 
 Ibid, s. 42; No. 47. No pcrsou sliall drive or ride any horse or animal into 
 
 3.5, May -i, '62. ^ "^ _ "^ 
 
 Horses, &c , not Joncs' Falls, cast of Oharlcs street; and all persons offending 
 
 to be driven o'" , . , , , . i /« t- f • 
 
 ridden into herein shall, tor every sucli offence, lorreit and pay a sum not 
 
 Jones' Fails. ' '' _ ' _ . . 
 
 Penalty. exceeding ten dollars, provided notice be first given to the 
 
 party offending. 
 
 No. 18,3. 57, R. 48. It shall not be lawful for any person or persons to 
 Penalty for adulterate milk offered for sale or sold within the limits of the 
 
 adulterating . /• t-> i • i • • i ■ i in 
 
 miiii. City 01 13altiinore, by mixing therewith water, chalk or an}' 
 
 drug or other articles whatsoever, under a penalty of not less 
 
 than twenty dollars for each and every offence ; and any person 
 
 Milk from dis- or pcrsous who siiall sell or offer for sale any milk of a dis- 
 eased cow. , .,.,,.. ,, , . , III jj /• 
 
 eased cow, withm the limits or the city, sliall pay a fine ol 
 twenty dollars for each and every offence. 
 
 No.33,s. 43, R. 49. Evcry person who shall place or cause to be placed any 
 Penalty (or slop cart ou any footwa}', or place any trough across any foot- 
 carts, 'Ic," way, for the purpose of filling or emptying any slop cart, shall 
 
 across loot 
 
 ways. forfeit and pay the sum of one dollar for each and every 
 
 offence. 
 
 No. 33, s. 4(1, R. 50. All fish kept in the city shall be placed under a roof 
 Fish to be witliiu tweuty-four hours after landing and inspection, and 
 roof. Penalty, kept Under cover, under a penalty of one dollar a barrel for 
 
Health. 399 
 
 Article XXIII.— Ordinances. 
 
 eaeh and every day the same may remain on the streets or 
 wliarves of tlie city. 
 
 51. It shall not be lawful for any person or persons to have ibid, s. .10. 
 on his, her or their premises, and let, hire or use for public Kiying horses, 
 
 a • I 1 , . ,. . , &f., prohibited. 
 
 amusement, any ilying horse or horses, or wlnrligig, or other 
 siunlar machinery or device for public amusement, by what- 
 ever name it may be called ; and every person or persons 
 offending in the premises shall forfeit and pay for each offence 
 the sum of twenty dollars. 
 
 52. The gas companies, railroad companies, as well as all xo. l>8, April a, 
 other corporations and individuals, who may have or may Digging up 
 
 streets by gas 
 
 hereafter receive i>ermission to diLC up or disturb any of the companies, 
 
 » ~ ' •' railroad com- 
 
 paved streets, lanes or alleys of the city, for the pnrposo of p^"'""' *''• 
 
 laying j)ipesof any kind, or constructing wells, ditches, drains 
 
 or tunnels, or for the purpose of laying or relaying railroad 
 
 tracks, or repairing the same, shall be, and they are hereby, 
 
 required within two weeks after said streets, lanes or alleys 
 
 have been repaved, to clean and remove the dirt therefrom, oht to be re- 
 
 ' moved within 
 
 and if upon a failure or refusal so to do, after five days' notice |*;\*''f^,J^^^ 
 from the Commissioner of Health, such corporations, <'om- J;';"j"^'^^^^;,';°" 
 panics or individuals so failing or refusing shall suffer a tine or 
 penalty of not less than twenty nor more than fifty dollars for 
 each and every neglect or refusal to comply as aforesaid. 
 
 53. Whenever, in tlie judgment of the Commissioner of no. ia7,oct.7, 
 Health, the condition of any unuavod private alley is a nuis- unpaved 
 
 " ./ 1 1 ^ private alleys. 
 
 ance or detrimental to public health, he shall give notice to when commis- 
 
 ' , sioner of Healtli 
 
 the owner or owners of the property binding thereon to grade ^°g;ve^notice^tj. 
 and pave the same within such number of days as in his judg- 
 ment the circumstances of the case may demand, and if, at the 
 expiration of the term of said notice, such private alley has 
 not been graded and paved as required, then the Commissioner when romm^s- 
 of Health shall proceed to have the said alley graded and paved am. pave. 
 in the usual nmnner; and the cost of such grading and paving 
 
400 Health. 
 
 Article XXIII. — Ordinances. 
 
 cost assessed to sball be assessed, and be a lien on the property binding thereon, 
 
 be a lien. 
 
 and shall be collected as assessments and liens are tiow collected 
 on property in the case of public streets and alleys.* 
 
 PROHIBITED MANUFACTORIES. 
 
 No 18, s. 6u, H. 54. It shall not be lawful for any person or persons to 
 Chemical pre- ifiannfacture, grind or prepare any chemical or mechanical 
 
 paraiioii lor ' *= ^ ^ •' .,,,.. 
 
 roofing or other preparation for roofiny; or other purposes within the limits ot 
 
 purposes pro- • i o i • 
 
 citVumitJ."'"' the (Mty of Baltimore, whereby a nuisance is created, or likely 
 to be created injurious to the health of any person or persons 
 residing in such neighborhood where such articles shall be 
 manufactured, ground or prepared ; and it shall be the duty 
 of the Commissioner of Health, whenever complaint shall be 
 made to him of the existence of any such nuisance, to examine 
 into the same, and if a nuisance really exists, injurious to the 
 health of the neighborhood, or whenever he shall be aware of 
 the same, to give notice to the person or persons offending 
 against the provisions of this section, to abate said nuisance 
 within twelve hours after said notice shall be received; and 
 any person or persons who shall violate the provisions of this 
 
 Penalty. sccti >n, sluill pay a fine of twenty dollars, and a further fine 
 
 of ten dollars for each day they shall continue to violate tiie 
 same, after he or they shall receive the aforesaid notice; pro- 
 
 Proviso. vided, that nothing herein contained shall be deemed, taken 
 
 or construed so as to prevent the heating of any chemicals 
 used in rooting, at the time and place said chemicals are to 
 be used as aforesaid. 
 
 ico' ^''' '^'"^ '^' ^^- -'-t ^^?>^\ not be lawful for any person or persons to erect, 
 
 Composition establish, rebuild, or continue in use, any composition rooting 
 
 manufactory of any kind whatever wiihin the limits of the 
 
 *See as to grading, paving, »&c., Streets, and City Commissioner, Art. 
 XL VII. 
 
Health. 40 1 
 
 Article XXIII.— Ordinances. 
 
 city, without iirat obtaining the sanction of the Mayor and Mayor's sane 
 City Council, and ten days' notice immediately preceding the 
 application to the Mayor and City Council, shall be given by 
 at least four insertions in two or more of the daily papers of Application to 
 
 ii •. • /■ 1 1 /. . 1 T , '"^ published, 
 
 the city, setting torth the purpose of said application, the 
 street, lane, alley or court and square of ground on which the 
 establishment is to be put up, and every person or persons vio- 
 lating this ordinance shall be subject to the penalty of twenty Penaky. 
 dollars, and ten dollars for each and every day the same shall 
 remain thereafter, to be recovered as other fines are re- 
 coverable. 
 
 56. It shall not be lawful for any person or persons to erect, ^°\^^'^^;}' 
 establish or rebuild any distillery for the manufacture of copal Manufacture of 
 
 "^ •' copal varnish 
 
 varnish, nor any factory for the boiling or grinding of bones, prohibited. 
 within the limits of the city of Baltimore, without having first |^°^']^S'*"' 
 obtained the consent of the Mayor and City Council. 
 
 57. For a violation of any of the provisions of the preced- ibid, s. a. 
 ing section, the party or parties so offending shall forfeit and Penalty. 
 pay a fine of twenty dollars for each and every offence, and 
 twenty dollars a day for every day it may remain in operaticJn 
 
 after the first offence ; said fines to be recovered as other fines 
 and forfeitures are recoverable. 
 
 58. No person or persons shall erect, establish or rebuild ko. 33, s. 24, r. 
 anv distillery* of spirits of turpentine or varnish, or any man- Penalty for 
 
 •' «' ^ ' erecting or re- 
 
 ufactory of earthenware or of stoneware, or carry on in any bmiding^distii- 
 building, erection or place, which shall not have been already wuhiA limits or 
 legally used for such distillation or business, and for no other 
 purpose at any intervening time, the distilling of any spirits 
 
 *When one of above factories was injured by fire, and its business stop- 
 ped ; held to be a question of fact whether it was re-built or repaired ; if the 
 destruction was so great as to require the house in which it was carried on 
 to be re-built, it would come within above prohibition. Glenn v. Mayor, dc, 
 5 G. & J. 424 
 
402 Health. 
 
 Article XXIII. — Ordinances. 
 
 . of turpentine or varnish, or the business of manufacturing 
 earthenware, or stoneware, within the limits of the city, 
 under the penalty of two hundred dollars, and the further 
 sum of five dollars for each and every day of the con- 
 tinuance of such distillery or manufactory, or of the so carry- 
 Proviso. ing on of such distillery or business ; provided, however, that 
 
 in those cases in which the consent in writing of all the hold- 
 ers of property within six hundred feet is first had and ob- 
 tained, it shall be lawful for the Board of Health, at their dis- 
 cretion, with the approbation of the Mayor, to grant special 
 leave for the erection or carrying on of the establishments 
 mentioned in this section, without the limits of direct taxation. 
 
 Ibid, 8. 25. 59. It shall not be lawful to erect or use any house or build- 
 
 Penaityfor ms as a soap or candle manufactory within the limits of the 
 
 using buildings o i 
 
 as soap or can- city, without thc couscut of the Mayor and City Council, under 
 
 die factories •' ' j <j ' 
 
 limits^without ^^^ penalty of two hundred dollars, and a further sum of fifty 
 permission. (joi]ar8 for cach and every month thereafter, until the same be 
 removed out of said limits, or pulled down. 
 
 Ibid, 8.26. 60. All applications for permission to erect soap or candle 
 
 Applications manufactories shall be published three times a week, in two 
 
 for same to be i • i • 
 
 published. or more daily papers in the city, two weeks previous to making 
 such application ; all expenses of such publication to be paid 
 by the party or parties making such application. 
 
 Ibid, s. 27. 61. No person or persons shall erect, establish or re-build, 
 
 Mills used for withiu the limits of direct taxation, any mill that is used for 
 charcoal not to the purposc of pulveriziug charcoal, without first obtaining 
 
 be erected with- r r r O • <=> 
 
 out permission, the permissiou of the Mayor and City Council, under a penalty 
 of twenty dollars for each and every week it shall so remain. 
 
 Ibid, 8. 28. 62. It shall not be lawful for any person or persons, or any 
 
 Penalty for Corporation, to erect or establish any manufactory of red or 
 factories with- ycllow oclirc, or any other kinds of earth of which red or yel- 
 
 out certain "' ^ J 
 
 written consent, low paint is made, within the limits of the city, unless by 
 unanimous consent in writing of the persons holding property 
 
Health. 403 
 
 Article XXIII. — Ordinances. 
 
 within two hundred yards thereof, under the penalty of one 
 hundred dollars, and a further sum of twenty dollars for each 
 and every day thereafter, until the said manufactory be re- 
 moved. 
 
 63. It shall not be lawful for any person or persons, or in- ibid, s. 29. 
 corporated company, to manufacture or prepare, except in penalty for 
 
 manufacturing 
 
 chemical laboratories already established, the followinsr arti- ou of vitroi, 
 
 •' ' ° &c. without 
 
 cles, or any of them, to wit : oil of vitriol or sulphuric acid, '"^'■'*'" consent. 
 nitric acid or aqua fortis, muriatic acid, crude ammonia, ivory 
 black, alum, chloride of lime or bleaching salts, pigments of 
 lead, or any other manufacture or preparation, in the process 
 of which it is necessary to burn horns, blood, bones, or other 
 animal substances, within the limits of the city, unless the 
 consent in writing of all the holders of property within six 
 hundred feet of such manufactory be first had and obtained, 
 under a penalty of twenty dollars for every day during which Penalty, 
 such manufacture or preparation shall continue. 
 
 64. It shall not be lawful for any person or persons to erect ibid, s. 57. 
 
 or establish, within the limits of direct taxation, any manufac- cotton wadding, 
 
 &c. not to be 
 
 tory for the manufacturing of cotton waddmg, cotton laps or made within 
 
 J o tj' . direct taxation. 
 
 bats ; and any person or persons violating this section shall 
 be subject to a penalty of ten dollars, and a further sum of penalty, 
 five dollars for each and every day such violation shall con- 
 tinue. 
 
 65. It shall not be lawful for any person or persons to pre- ibid,s.3o. 
 pare or mould any clay or any other substance, for or to make BHcic^kj^ns.&c. 
 or burn any brick or tile, or any similar manufacture within 
 the limits of the city, without first obtaining the permission of 
 the Mayor and City Council, and giving ten days' notice of his 
 or their intended application for such permission, by at least 
 four insertions in two or more of the daily newspapers of the 
 city, specifying the lot of ground or premises on which said 
 clay or other substance is to be prepared or moulded, or such 
 
404 Health. 
 
 Article XXIII. — Ordinances. 
 
 brick is to be made or burned ; and every offender against the 
 Penalty. provisions of this section shall forfeit and pay the sum of one 
 
 hundred dollars for the first offence, and the further sum of 
 twenty dollars for each and every day thereafter, during the 
 continuance of such preparing or moulding, making or burning. 
 
 SLAUGHTER AND HIDE HOUSES, HOG-PENS, &c. 
 No. 67,8.1, May 66. Should complaiut be made to the Health Commissioner 
 
 13, '64. ^ 
 
 Slaughterhouse by six of the property holders or heads of families within six 
 
 nuisance. i i -j 
 
 hundred feet of any slaughter-house, that such slaughter-house 
 is a nuisance, affecting the health of the neighbors or the value 
 of property in the vicinity, it shall be his duty to examine the 
 place, and if he shall think the complaint well founded, to 
 Health Com- report the case to the Mayor, and also to report to him under 
 port to Mayor, what rcsolution or ordinance of the Mayor and City Council 
 the slaughter-house was erected. 
 
 Ibid, s. 2. 67. If the Mayor shall agree with the Health Commissioner 
 
 Duty of Mayor, that the slauglitcr-house is a nuisance, and it shall have been 
 erected under any resolution or ordinance providing that it 
 shall be removed upon notice from the Mayor, he, the Mayor, 
 Notice. shall immediately give the notice required by such resolution 
 
 or ordinance; but if the slaughter-house shall not have been 
 erected under a resolution or ordinance containing such a pro- 
 vision, the Mayor shall take steps to have such nuisance pro- 
 ceeded against at common law. 
 
 No. 43, April 7, 68. No slaughter-housc or hide-house shall hereafter be 
 
 '71. ^ ° 
 
 No slaughter ercctcd withiu the limits of the city, under a penalty of two 
 
 house or hide •" r ./ 
 
 house to be hundred dollars, and a further penalty of one hundred dollars 
 
 erected within ' r J 
 
 city limits. f^^j. gach and every month thereafter, until the same is pulled 
 Penalty. dowD, or rcmoved out of the city limits. 
 
 No.'63, s. 3, R. 69. It shall not be lawful for any person or persons to keep 
 any hog or hogs, in any sty or yard, or elsewhere on their 
 premises within the city of Baltimore, under a penalty of not 
 
Health. 405 
 
 Article XXIII.— Ordinances. 
 
 lesB than oue dollar, nor more than iive dollars, for each and Penalty for 
 every day each and every hog may be kept in any sty or yard ^TsFys.^i'rdl' 
 or elsewhere on such premises within said limits ; provided, Proviso, 
 however, that the provisions of this section shall not apply to 
 hogs brought to the city for the purpose of sale or slaughter, 
 whether in the possession of parties bringing them to the city 
 for sale or slaughter, or in the possession of any agent of such 
 parties, or in the possession of a resident pork butcher or 
 packer, when penned in any of the enclosures attached to the 
 Maryland State live stock scales. This provision of exemp- 
 tion from the conditions of this section, however, not to be 
 construed to allow any resident pork butcher or packer to Pork butchers 
 keep any hogs about their premises for any purpose other than °'^^^^ "*' 
 for slaughter, and for the purpose of slaughter for no longer a 
 period than ten days from the time of the first receipt of said 
 hogs. 
 
 70. It shall be lawful for any victualler, a resident of the no. 100, s.i, 
 
 ,. n , . , 1 . * I I'll 1 Oct. 18, '60. 
 
 city 01 Baltimore, to keep on his, her or their slaughter-house victuallers to 
 premises, to run at large thereon only, such number of hogs ^*^ °^^' 
 as may be deemed requisite to consume the offal from his, her 
 or their slaughter-house ; provided, said victualler shall first Proviso. 
 procure a permit so to do from the Board of Health. Permit. 
 
 71. It shall be the duty of the Health Commissioner, when ibid, s. 2. 
 application shall be made to him by any victualler for permis- Health com- 
 
 *^ • • • 1 missioner to 
 
 sion to keep hog^ on his, her or their premises, to visit the visit premises, 
 said premises, and if, in his judgment, the keeping of a certain 
 number of hogs upon the same shall not create a nuisance, or 
 be detrimental to the health of the contiguous neighborhood, 
 then he shall give a permit, as is provided for in the preceding Permit, 
 section, said permit to be good for t^welve months, unless sooner 
 revoked by him. 
 
 72. Any person or persons who shall keep hogs upon their ibid, s. 3. 
 premises, without first having had and obtained a permit so penalty for 
 
 r ' ^ ,. . 1 n p keeping hogs 
 
 to do, as provided for in the preceding two sections, shall tor- without permit. 
 
406 Health. 
 
 Article XXIII. — Ordinances. 
 
 feit and pay a fine of twenty dollars for every violation, and 
 five dollars for every day such violation is continued, to be 
 recovered as other fines and forfeitures are recoverable. 
 
 POTTER'S FIELDS. 
 
 No. 18, 3. 64, R. 73. The Potter's fields* of the city of Baltimore are hereby 
 
 Potter's fields placcd uudor the control and direction of the Board of Health, 
 who are hereby authorized, with the advice and consent of the 
 Mayor, to establish a code of regulations relative to all inter- 
 ments in said Potter's fields, which in their judgment may be 
 
 Proviso. proper and necessary ; provided, that all graves which may be 
 
 dug in the Eastern and Western Potter's fields shall be of the 
 depth of at least four feec six inches, and any grave-digger, or 
 other person or persons employed for such purpose, who shall 
 neglect or refuse to dig any such grave of the said depth, shall 
 forfeit and pay, for each and every ofience, the sum of ten 
 dollars; and if the grave-digger or any other person or per- 
 sons employed by the Board of Health, shall at any time omit 
 or neglect to lock or close the gates, he or they shall, for each 
 
 Penalty. oficncc, forfcit and pay the sum of two dollars, to be, deducted 
 
 out of any money due him or them for digging graves or other- 
 wise, and in case no money shall Ije due him or them, the said 
 fines shall be recovered and collected as other fines are, in the 
 name of the Mayor and City Council of Baltimore. 
 
 Ibid, s. 66; No. 74. Upon the erection of a suitable house for the purpose, 
 
 5.^, July 24, '69. ^ r r ^ ^ 
 
 Dead bodies not all dead bodics which may be found and not recognized within 
 
 recognized — 
 
 how disposed the limits of the city, shall be placed therein for at least twenty- 
 four hours, and it shall be the duty of the police ofiicers in 
 each district to have all dead bodies, unclaimed, removed 
 
 Morgue. thcuce, and if not recognized, properly buried under the direc- 
 
 tion of the Board of Health.f 
 
 * See WiUiamson v. Mayor, &c., 19 Md. 413, for a proceeding to sell a lot 
 of ground held by the city on a special trust created by deed as a place for 
 the sepulture or burial of the poor and strangers dying within the city. 
 
 t See p. 172, ante. 
 
Health. 407 
 
 Article XXIII.— Ordinances. 
 
 PRIVIES. 
 
 75. No person shall remove the contents of any privy, well no. 58, May ?, 
 or sink within the limits of the city, without having first ob- Removing con- 
 tained a license from the Comptroller so to do, and every per- &c. without 
 son oifendiug. against the provisions of this section shall for 
 
 every such offence forfeit and pay the sum of twenty-five dol- 
 lars, and also be liable to the penalty for creating or maintain- 
 ing a nuisance. Every person who may obtain a license to 
 empty or remove the contents of privies or vaults shall be con- 
 sidered as subject to the orders of the Board of Health in all Licenses sub- 
 
 1 . 1 . 1 1 , t. . . ^ J6ct to orders of 
 
 matters relatmg to the openmg and cleaning of pnvies or vaults, Board of 
 
 time and manner of removal, and the presentation of statistics 
 
 connected with the cleaning of privies, as also the place or statistics. 
 
 places to which night-soil may be removed, and for any refusal piaces of de- 
 
 or neglect to obey the orders of the Board of Health, as 
 
 herein provided, it shall be the duty of the Comptroller, upon 
 
 the written request of the Commissioner of Health, to revoke when licenses 
 
 the license of the person or persons so refusing or neglecting to 
 
 obey. 
 
 76. Every person desirous of being licensed to empty or no. ig, s. 44, r, 
 
 „ . ,, , . 1 1 11 1 O.; No. 6, Dec. 
 
 remove the contents of privy wells and sinks, shall make ap- 13, w. 
 plication in writing to the Comptroller, who, after conference License to re- 
 
 r o i move contents 
 
 with the Board of Health, on being satisfied with the charac- of privies. 
 ter of the applicant, and the security and tightness of his cart 
 or carts, and that he is the owner of such horses and cart or 
 carts, as represented in his application, and that he is not in 
 collusion or combination with others to defraud the corpora- 
 tion, may grant him a license for one year, and renew the same 
 from time to time, and for such license so granted and for each 
 renewal of the same, he shall pay therefor to the Register the 
 sum of two and a half dollars for each and every cart; and cost of license, 
 every person so licensed shall give bond to the city, with se- Bond, 
 curity to be approved by the Register, in the penal sum of five 
 
408 Health. 
 
 Article XXIII.— Ordinances. 
 
 hundred dollars, conditioned for the faithful performance of 
 all the duties enjoined by this ordinance, and the Comptroller, 
 upon complaint of the Health Commissioner, may revoke or 
 suspend any such license. 
 
 No. 106, Nov. 1, 77. The Board of Health is hereby authorized and em- 
 when sinks powcrcd, in its discretion, to permit any person or persons who 
 
 and privy vaults 
 
 may be cleaned gl) all at his or their owu cost, be supplied with suitable con- 
 
 in daytime. ' * 
 
 veniences, to clean sinks and privy vaults in the city of Balti- 
 Proviso. more during the day time ; provided, that no annoyance to 
 
 sight or smell shall arise therefrom. 
 
 C 
 Ibid s. -2. 78. The said Board of Health shall, before giving a permit 
 
 Permit from to any pcrson or persons for the cleaning of vaults or privies 
 
 Board of Health . -, ■, n • ,i t ,• i i i 
 
 as provided tor m the preceding section, demand and receive 
 Bond. from such person or persons a good and sufficient bond for the 
 
 proper performance of the work to be done without annoy- 
 ance to sight or smell to the citizens of Baltimore. 
 
 No. 112, Oct. 26, 79. All privies that are liable or likely to get into a state 
 
 When privies to of uuisancc betwccn the first day of June and the first day of 
 
 October, shall be well cleaned between the first day of October 
 
 and the first day of June, and it shall be the duty of the Board 
 
 Publication by of Health to causc a copy of this section to be published in at 
 
 Board of Health. /.ii-i ii-ii -j 
 
 least three of the daily papers once a month during the period 
 between the first of October and the first of Juno in each and 
 evei:y year, and it shall further be the duty of the Board of 
 Health to cause to be made, through the Commissioners of 
 Police and the force under them, between the first and tenth' 
 
 Inspection by of cach Juuc, a thorough inspection of all privies, wells or 
 
 ^^ *'^*' vaults within the city, and all that then may be found to be 
 
 full, or within eighteen inches therefrom, shall be deemed in a 
 
 Nuisance. State of nuisaucc, and the owner or owners, agent or agents of 
 the property to which the privy or privies respectively may 
 
 Penalty. bcloDg, shall forfeit and pay twenty dollars. 
 
Health. 409 
 
 Article XXIII. — Ordinances. 
 
 80. The vault or well of every privy which shall be erected no. is, s. si, r. 
 within the following limits, that is to say : for the City Spring PubUc springs 
 
 protPctert from 
 
 in Calvert street, bounded on the north by Mulberry street, encroachment 
 
 •^ • •' of privies. 
 
 on the west by north Charles street, on the south by Lexing- 
 ton street, and on the east by north Calvert street ; for the 
 City Spring at the corner of Pratt and Eden streets, bounded 
 on the west by Eden street, on the south by Pratt street, on 
 the east by Caroline street, on the north by Baltimore street ; 
 and for the public spring in Franklin square, bounded on the 
 north by Lexington street, on the west by Calhoun street, on 
 the south by Fayette street, and on the east by Care}' street ; 
 and for the public spring in Union square, bounded on the 
 north by Hollins street, on the west by Gilmor street, on the 
 south by Lombard street, on the east by Strieker street ; and 
 for the pump called the green tree pump, bounded on the 
 north by Gran by street, on the west by Albemarle street, on 
 the south by Stiles street, and on the east by Exeter street ; 
 and for the spring from which the Centre market is supplied, 
 bounded on the north by Monument street, on the west by 
 north Charles street, on the south by Centre street, and on 
 the east by north Calvert street — shall be built and floored vauits to be 
 
 •' I'll, ™*<Js imper- 
 
 with sound and well burnt brick, at least one foot thick at the vious to ^-ater. 
 
 bottom, and the walls not less than nine inches thick, with a 
 
 cement impervious to water, and shall not exceed six feet in 
 
 depth, and shall be puddled with clay, rammed compactly at 
 
 the bottom and on all sides of every such privy at least one 
 
 foot thick ; and it shall be the duty of every person, previous 
 
 to erecting or causing to be erected, any privy within the 
 
 limits aforesaid, to call on the Commissioner of Health, and 
 
 have the same erected agreeably to his directions, and to 
 
 obtain from him a certificate in writing, that such privy is 
 
 conformable to this section, before the same shall be used, and 
 
 such privy shall be kept at all times in the like complete 
 
 repair. 
 
410 Health. 
 
 Article XXIII. — Ordiuances. 
 
 Ibid, s. 52. 81. It shall be the duty of the Health Commissioner to give 
 
 Commissioner notico to the owoers OF occuuiers of the property within the 
 
 to notify own- 
 ers of property boundaries mentioned in the preceding section, upon which 
 
 to remove r r> ' r 
 
 privies. privies or dung vaults are now constructed in a manner diifer- 
 
 ent from that above provided for, to have them removed, alter- 
 ed or repaired, as may be judged necessary by said commis- 
 sioner; and any one who shall refuse or neglect, for sixty days 
 after the receipt of such notice, to cause them to be removed, 
 or shall offend against the provisions of the preceding section. 
 
 Penalty. shall forfeit and pay the sum of twenty dollars, and five dol- 
 
 lars per week thereafter until the provisions of said section be 
 complied with. 
 
 Ibid, s. 53. 82. If the commissioner aforesaid shall be of opinion that 
 
 Privies within the statc or Condition of any privy erected within the limits 
 
 certain limits to ti i . . 
 
 be repaired, &c. prescribed by scctiou 80, is such as to be likely to injure or 
 corrupt the waters of any of the said springs or pumps, in that 
 case he is hereby required to order and direct the owner or 
 owners of such privy to clean out and repair and otherwise 
 secure the same, within twenty days after such order has been 
 given, under the penalty of fifty dollars, and the further sura of 
 ten dollars for every week such refusal or neglect shall be 
 continued. 
 
 No. 63, May 26, 83. If any person or persons shall introduce a pipe or sewer 
 Pipes and iuto any of the wells belonging to the city, for the purpose of 
 
 sewers. o o 
 
 draining water closets, or for any other purpose whatever, each 
 and every person, for each and every such offence, shall forfeit 
 and pay a sum not exceeding twenty dollars. 
 
 No. 18, s. hi, 84. If any jjerson or persons shall erect, or cause to be 
 Privies not to crcctcd, any privy or other building over any wharf or wall 
 
 be erected on , 
 
 Jones' falls, &c. or ovcr the bed of Jones' Falls, or Harford, Schrceder s or 
 Chats worth runs, or suffer the contents of any privy to flow 
 into the aforesaid streams by means of a sewer or otherwise, 
 within the limits of the city, so that the filth therefrom be 
 
Health. 411 
 
 Article XXIII. — Ordinances. 
 
 discharged into the said falls, or either of said runs, such per- 
 sons or persons shall forfeit and pay, for each and every such Penalty. 
 offence, the sum of twenty dollars. 
 
 85. It shall not be lawful for any person or persons to sink no. ss, juiyir, 
 or cause to be sunk any vault or well to be used for a recep- vauits under 
 
 pavements. 
 
 tacle of a privy, under the bed of any street, lane or alley in 
 the city of Baltimore, or the sidewalks thereof. 
 
 86. If any person or persons shall sink or cause to be sunk ibid, s. 2. 
 under the pavement of any street, lane or alley, or the side- Penalty, 
 walks thereof, any vault or well, and use the same as a recep- 
 tacle for a privy, such person or persons so oifending shall 
 forfeit and pay the sum of one hundred dollars, to be recover- 
 ed as other fines and forfeitures are recoverable ; and if 
 
 the same be not filled up and properly secured after twenty Notice to ah up 
 
 days' notice from the Commissioner of Health, such person or 
 
 persons shall forfeit and pay for every week thereafter until 
 
 the said vault shall be filled up and secured to the satisfaction 
 
 of the said commissioner, the sum of twenty dollars, and it 
 
 shall be the duty of the Commissioner of Health to enforce Duty to enforce. 
 
 the provisions of this section. 
 
 87. No person shall drain any privy, but all privies shall no.^i8,s.48, 
 be thoroughly cleaned out ; and the Board of Health is hereby how privies to 
 authorized and directed to select, from time to time, such WfefdeTsuecT. 
 place or places as they may deem suitable for the deposit of 
 
 night manure; provided, permission shall first be obtained Provisos, 
 from the owner or occupier of the premises, and no objection 
 be made by the owners or occupiers of the ground within six 
 hundred feet of the place upon which it is intended to deposit 
 said night manure ; and provided further, that such place or 
 places shall first be deemed by the Board of Health not pre- 
 judical to the health of the surrounding inhabitants. 
 
 88. No night manure shall be deposited at any places except ibid, s. 49. 
 such as shall be selected by the Board of Health, and any per- Penalty. 
 
412 Health. 
 
 Article XXIII. — Ordinances. 
 
 son or persons offending against tlae provisions of this section 
 shall forfeit and pay a sum not exceeding twenty dollars.* 
 
 Ibid, 3. 50. 89. If such deposits shall prove prejudicial to the health of 
 
 Complaints, &c. the adjacent neighborhood, complaint shall be made by the 
 aggrieved parties to the Board of Health, who, with the ap- 
 probation of the Mayor, shall order said deposits to be forth- 
 with suspended. 
 
 Res. No. 304, 90. Night soil shall not be transferred from one vessel or 
 
 Sept. a, '76. ^ 
 
 Manure at City tank to any othor vessel or receptacle at the city pier in the 
 
 Pier in Back ... 
 
 Basin. back basiu, but said night-soil shall be removed in the vessel 
 
 or tank in which it is carried to the pier to the boat or lighter, 
 and so removed from the city ; any person violating the provis- 
 
 Penaity. ious of this scctiou shall pay a fine of ten dollars for each offence, 
 
 to be recovered as other penalties for violations of city ordi- 
 nances are recoverable. 
 
 *A licensed nightman, in the act of violating certain health regulations of 
 the city of Baltimore, by depositing night soil at a place not designated by 
 the Board of Health, was arrested by a policeman during the night, without 
 • warrant, under the directions of said board and confined in the station 
 house until the next morning, when he was released on his own recogniz- 
 ance. The nightman, at the time of his arrest, was aware of the order of 
 the Board of Health designating particular localities for the deposit of night 
 soil, but disregarded the order, because it cost him more to take the ordure 
 to those places than to the place where he was at the time depositing it. No 
 violence or unnecessary force was used in his arrest and detention. Held : 
 That an action of trespass and false imprisonment by the nightman against 
 the officer who arrested and detained him would not lie, the arrest having 
 been made by direction of the Board of Health, upon whom was imposed 
 the duty of executing all ordinances for the preservation of the health of 
 the city ; and the procurement of a warrant as a preliminary to such arrest 
 and detention, was not necessary. The Police Department of the City of 
 Baltimore being charged by law with the duty of enforcing the ordinances 
 of said city in regard to the public health, and the orders of the Board of 
 Health, in pursuance thereof, is justified in arresting, by direction of said 
 board, any one found violating the health regulations of the city. Mitdtdl 
 V. Lemon, 34 Md. 176. 
 
 By resolution April 14, 1874, the emptying and cleaning of the sinks 
 attached to the public schools, theretofore under the control of the Board of 
 Commissioners of Public Schools, was transferred to the Health Department. 
 
Health. 413 
 
 Article XXIII. — Ordinances. 
 
 REMOVAL OF GARBAGE, MANURE AND REFUSE. 
 
 91. It shall be the duty of the Superintendent of Streets no. 19, s. s, 
 with the Commissioner of Health, to employ a sufficient nuin- to employ a 
 
 sufticieDt num- 
 ber of drivers, horses and water-tight carts for each district, ^er of horses, 
 
 ' " ' carts and driv- 
 
 for the removal of ofi'al and coal or other ashes from the dwel- o"offia/c^r** 
 
 lings and other places within the several districts ; and it shall di/ierent'^dis" 
 
 be the duty of the men not only to act as drivers, but also to 
 
 collect all offal and coal and other ashes as herein provided ; 
 
 and said superintendents shall cause said horses, carts and nmy of drivers 
 
 ^ of garbage carts. 
 
 drivers to pass through all the streets, lanes and alleys within 
 
 their respective districts, in such manner as shall insure the 
 
 passage of one horse, cart and driver through each and every 
 
 street, lane and alley, not less than three times a week, on 
 
 alternate days, from the first day of November until the first 
 
 day of May, and daily (Sundays excepted) from the first day 
 
 of May until the first day of November, and they shall give 
 
 notice to housekeepers of their approach by sounding a trum- Trumpet to be 
 
 pet, blowing at the intersection of each street, that may be 
 
 heard at least one square ; and said superintendents shall in 
 
 no case, own or be interested in the ownership of said horses 
 
 or carts. 
 
 92. It shall be the duty of all housekeepers to have placed no. ]». s.^s^r. 
 in a vessel or vessels, not exceeding in capacity one bushel Oct. ys, '72. ' 
 each, near their premises or some convenient place of access, Duty^of house- 
 at such time as said carts may pass, all vegetable or kitchen "the- in rep^rd 
 offal, and separately in a similar vessel, all coal or other ashes, other ashes. 
 and to deliver or cause them to be delivered to the garbage 
 
 man so separated ; and it is hereby expressly ordained, that no 
 other substances than those mentioned in this section shall be 
 regarded as garbage, under a penalty of one dollar for each Penalty, 
 offence, and any person or persons neglecting or refusing so to NoUce^^-»^. 
 do, after having first been notified in writing by the Assistant -issioner. 
 Health Commissioner, shall forfeit and pay one dollar for each Penalty. 
 
414 Health. 
 
 Article XXIII. — Ordinances. 
 
 and every neglect or refusal ; and the Assistant Commissioner 
 
 of Health is further authorized to cause the owners of garbage 
 
 How garbage carts to liave tlicm so constructed with movable division boards 
 
 carts to be con- 
 structed, as will enable the coal and other ashes to be kept separate 
 
 from the vegetable or kitchen offal. 
 
 No. 19, s. 9, 93. The carts employed by the city for the collection of offal 
 
 Garbage carts and coal and other ashes, agreeably to the preceding section, 
 
 to have a sign, , ,, , , .11,1 . • 1 
 
 and beus at- suall cacJi havc a sign placed thereon at some conspicuous place, 
 
 tached to _ & r r r ' 
 
 horses. witli the words, " city garbage cart," painted in large letters 
 
 in black and white ground, and there shall also be a bell or 
 bells attached to the hames or collars of the harness, with 
 sufficient tone to be heard at the distance of a square. 
 
 Ibid, s. 10 94. It shall not be lawful for any person or persons engaged 
 
 Penalty. in the collcction of offal or coal and other ashes, not employed 
 
 by the city, to have a sign on his, her, or their cart or carts, nor 
 shall any bell or horns be used ; and any person or persons 
 violating this section shall be fined one dollar for each and 
 every offence. 
 
 Ibid, s. 11. 95. If any person or persons engaged in the collection of 
 
 Penalty for ne- offal or coal and othcr ashes, employed by the city, shall neglect 
 N or refuse to take and carry away any such offal or ashes set out 
 
 as required by this ordinance, within six hours after he or they 
 shall be informed, or be aware of the same being so set out, he 
 or they shall be subject to a penalty of one dollar for each and 
 every such neglect or refusal. 
 
 Res. No. 84, 96. The Commissioner of Health is authorized to have 
 
 May 19, '03. 
 
 How carts to be dead auimals lying in the streets removed, and to cause the 
 
 covered. 1 • i i 1 i /• 1 i • 
 
 vehicles used in their removal from the streets and station 
 houses to be so constructed as to have wooden covers and kept 
 locked, or to be covered with oil cloth, as they pass through 
 the streets, as in his judgment may be deemed most ad- 
 visable. 
 
Health. 415 
 
 Article XXIII. — Ordinances. 
 
 97. All carts employed by the city for the collection of no 4, Mar. 23, 
 
 'G9. 
 
 offal and coal and other ashes, shall be covered with heavy carts carrying 
 
 \ ^ • 1 • 1 1 oft'al, &c. 
 
 canvas or other substantial material, so as to prevent dnst or 
 affluvia from escaping from such carts while being driven along 
 the streets of the city. 
 
 98. The owner of every cart, wagon or other carriage em- no. 33, s. 12, 
 ployed in removing or carrying any sand, ashes, dirt, gravel, carts, &c. used 
 
 for certain pur- 
 
 loam, earth manure, filth, stone, brick or coal, over any of the poses to be 
 streets, lanes or alleys of the city, shall have and keep the 
 same in such tight and secure condition as that such ashes, 
 sand, dirt, gravel, loam, earth, manure, filth, stone, bricks or 
 coal shall not be scattered or suffered to fall on any of the 
 streets, lanes or alleys aforesaid, under the penalty of two 
 dollars. 
 
 99. It shall be the duty of the police olficers to report to no. 8, Mar. as, 
 
 •^ 61, 
 
 the Health Commissioner all cases of neglect or refusal on the Police officers to 
 
 report. 
 
 part of the driver of any garbage cart, to remove any gar- 
 bage from any premises, when the same shall be properly 
 placed on the footway, 
 
 100. No person whatsoever shall remove or carry away no^i9, s. 1, 
 any manure or dirt out of any paved street, lane or alley with- »f^'»j'^"^« ""j *" 
 in the city, unless by the authority of the Commissioner of 
 Health, except manure or dirt which they themselves may 
 
 have temporarily deposited thereon, and every person offend- 
 ing herein shall forfeit and pay the sum of three dollars for penalty, 
 each and every load of manure or dirt so removed or carried 
 away, and in proportion for any less quantity. 
 
 101. Every person who shall cast, place or lay any rubbish, iwd, s. 3. 
 oyster shells, filth, dirt, shavings, stable manure, or offals of Rubbish, &c. in 
 any trade, business or occupation, or any rubbish from build- incited, 
 ings, cellars or back yards, or any refuse or dirt from coal or 
 firewood, or any ashes, or any noxious or offensive matter, sub- 
 stance or thing whatsoever, into or in any public square, place, 
 
416 
 
 Health. 
 
 Article XXIII. — Ordinances. 
 
 street, lane or alley in the city, or cause the same to be done, 
 except when the same may have been removed from his, her 
 or their premises for immediate removal, the same to be re- 
 moved within twenty-four hours, shall forfeit and pay the sum 
 Penalty. of ouc dollar for every such offence, and the further sum of 
 
 one dollar for each and every day the same shall remain in such 
 place. 
 
 No. 19, s. 5, 102. The said superintendents and the Commissioner of 
 
 "■ ^ TT • 
 
 Superintendents Health arc authorlzod and empowered to sell, from time to 
 
 and Health . , t j3» i i i 
 
 Commissioner time, the mauurc, street dirt, oiial and o-arbao-e, on terms 
 
 to sell manure, ' _ Q » J 
 
 *c. the most advantageous to the city, and return the amount of 
 
 said sales, under oath, to the Register. 
 
 No 37, May 10, 103. Tlic Mayor and Commissioner of Health and City Comp- 
 
 Proposaisand trollcr are hereby authorized and directed to advertise for pro- 
 contract for re- , , . • i i i mi 
 
 movai oi gar- posals, and to contract with some suitable and responsible 
 
 bage, refuse 
 
 animal and persou or porsous for the removal of all garbaore, refuse ani- 
 
 vegetable mat- r r t> » ? 
 
 ""■• mal and vegetable matter, that may be gathered in the limits 
 
 of the city of Baltimore. 
 
 104. The said person or persons with whom the said Mayor 
 and Commissioner of Health and City Comptroller may so 
 contract for said removal, shall remove the same by rail or by 
 water only, and to a point or points not less than six miles 
 from the limits of the said city of Baltimore ; provided that 
 City Solicitor to the City Solicitor shall be conferred with in reference to the 
 
 certify to con- it/.,, 
 
 tracts, legality of all contracts made in reference to the matter. 
 
 Ibid, s. a. 
 
 Places of de- 
 posit. 
 
 Ibid, 8. 3. 
 Contract. 
 
 Notice to 
 terminate. 
 
 105. The Mayor and Commissioner of Health may, in their 
 discretion, enter into a contract for the work to be done under 
 the provisions of this ordinance, for a term of years not to 
 exceed three years, reserving, however, the right to terminate 
 the same by giving thirty days' notice to the contractor or con- 
 tractors for any violation by them of the provisions of this 
 ordinance. 
 
Health. 417 
 
 Article XXIII.— Ordinances. 
 
 contractor. 
 
 106. The person or persons with whom said contract shall ibid, 3.4. 
 be made, shall enter into a good and sufficient bond, in such Bond from 
 penalty as may be deemed sufficient by the Mayor, City Comp- 
 troller and City Register, for the faithful performance of said 
 contract, within ten days after notice of the acceptance of his 
 or their bid. 
 
 SUPERINTENDENTS OP STREETS. 
 
 107. In order more effectually to secure the keeping ofNo. ig.s. 1, 
 
 R. O. 
 
 the several streets, lanes and alleys properly cleaned, and to city divided 
 secure the health of the city, the Board of Health is hereby t"cts. 
 directed to divide the city into five districts, as equally as may 
 be, regarding the surface of the paved streets, lanes and alleys ; 
 and there shall be annually appointed, after the manner and 
 at the time of the appointment of other officers of the corpora- 
 tion, five persons, one for each of the said districts, who shall Appointment of 
 
 superintendsnts 
 
 reside in the districts for which they may be respectively ap- 
 pointed, and who shall be called the Superintendents of 
 Streets. 
 
 108. The districts laid off according to the preceding sec- iMd, s. 2. 
 tion, shall be under the control of the aforesaid superintend- superinten- 
 
 . - dents to act as 
 
 ents, who shall act as agents of the corporation, and shall, with agents of cor- 
 
 ' f^ I ' ' poration; their 
 
 the approval of the Mayor and the Board of Health, em- duties. 
 
 ploy an effective force sufficient at all times for the cleaning 
 
 and keeping clean the public streets, lanes and alleys of the 
 
 city, and the clearing away of the ice and snow* from the snow and ice. 
 
 gutters and crossings of the streets, lanes and alleys, and also 
 
 the snow and ice from the front of the public schools and of 
 
 all public buildings occupied and owned by the city, and the 
 
 footways of bridges, including the public wharves belonging 
 
 to and ill the occupancy of the corporation ; and also all the 
 
 footways of the city springs and public squares. 
 
 *See further provisions and notes of cases under Streets and City Com- 
 missioner, Art. XL VII. 
 
418 Health. 
 
 Article XXIII. — Ordinances. 
 
 Ibid, s. 3. 109. It shall be the duty of the said superintendents to 
 
 To superintend Superintend the working; and proper distribution of the men, 
 
 men, horses and oil 
 
 carts. horses and carts, to the best advantage for cleaning the streets, 
 
 lanes and alleys ; and also to keep the number of men, horses 
 and carts specified in the respective districts, diligently em- 
 ployed in removing street dirt and manure from the streets, 
 lanes and alleys, (unless otherwise employed by the direction 
 of the Board of Health,) at least eight hours in each 
 and every day, (Sundays excepted,) and it shall be the duty 
 of the said superintendents on Monday morning of each week 
 
 To make week- to make a full rcport in writing, under oath, to the Commis- 
 
 ly reports to i o 
 
 coinmis.sioner sioncr of Health, which report shall state the number of men, 
 
 of Health. ' r J 
 
 horses, carts and implements kept by them respectively at work 
 during the week previous, for the benefit of the city ; the 
 number of loads of street dirt and manure removed and sold, 
 and the amount of money received therefor ; and also the loca- 
 tions in their respective districts where the men, horses and 
 carts were engaged ; and they shall at no time employ more 
 men, horses and carts than are absolutely necessary for the 
 performance of the duties required of them ; and the Register 
 Register direct- is hereby dircctcd to pay to said superintendents, as provided 
 
 ed to pay super- i /. • i 
 
 tendents in the uext succeeding section, such sums oi money weekly 
 
 as may be necessary to pay for the labor of removing said 
 street dirt, manure and ofial. 
 
 No;«<Mar.28, HQ. The accouuts, with reports presented by each super- 
 
 '^^- intendent on Monday morning of each week to the Commis- 
 
 weekiy re- sioner of Health, with pay roll, shall be examined, audited 
 Examinnd by and marked correct by the Assistant Commissioner of Health, 
 
 Assistant Com- 
 missioner, before payment is made by the Register on warrant of the 
 
 Comptroller. 
 No. 19, 8. 4, 111. Said Superintendents of Streets shall execute all orders 
 
 R. 0. ^ 
 
 To notify the pertaining to their duties and office, which they may receive 
 
 Mayor of all ^ ° ' . 
 
 offences com- from the Board of Health, and shall ffive immediate notice to 
 
 mitted. ' » 
 
 the Mayor of all offences committed against the ordinances 
 and laws enacted for the preservation of the health and clean- 
 
Health. 419 
 
 Article XXIII.— Ordinances. 
 
 liness of the city, and under his direction shall cause the same 
 to be rigidly enforced, and shall perform all such duties as the 
 Mayor may require of them. 
 
 112. The superintendents appointed under this ordinance, ibid, s. r. 
 with the Board of Health, shall have power and authority, Power to em- 
 by and with the advice and consent of the Mayor, at FdrTe.''*''"'"''''' 
 any time when a necessity exists, to employ an additional 
 
 force ; and it shall also be the duty of the superintendents, 
 with the Board of Health, to cause said additional force 
 to be discharged as soon as the necessity for its employment 
 shall have ceased. 
 
 113. It shall be the duty of the said superintendents, every iwd, s. 15; No. 
 Sunday morning, at or before sunrise, to have the filth and MaS houlla 
 offal accumulated at the different market houses where market Sunday mom- 
 is held on Saturday evenings, removed ; and the regular 
 
 wages for one-half of a day shall be allowed for the compensation 
 of such men, horses and carts as may be employed to perform 
 the work. 
 
 114. It shall be the duty of the Mayor, at any time, to iwd, s. le. 
 discharge any of the said superintendents for the violation of power of Mayor 
 
 ,. , T • I' I ' T 1 p^^ 1 • ^ to discharge 
 
 any or the conditions 01 this ordinance, and to nlJ their places superinten- 
 
 •' ' "^ dents. 
 
 by the appointment of others. 
 
 115. The said superintendents shall each give bond to the iwd, s.'.e. 
 Mayor in the sum of two thousand dollars for the faithful per- Bonds from su- 
 
 ' , T> perintendcnts. 
 
 formance of his duties, and for the weekly return to the Ke- 
 gister of the City of all money received by him from any sales 
 of manure, dirt and offal made by him for and in the name of 
 the corporation.* 
 
 116. The Superintendents of Streets shall each receive from no. 25, Jtar. 25, 
 the Register, whose duty it shall be to pay the same, as a com- ^^f^^'^l^^^i 
 pensation for his services, one thousand dollars per annum, 
 
 * See section 102, p. 416, ante. 
 
420 Health. 
 
 Article XXIII. — Ordinances. 
 
 Compensation payable monthly ; and the hands engaged under him shall each 
 
 of auperinten- in i f» 
 
 dents. receive not more than one dollar and seventy-five cents per 
 
 Of hands, &o. day, payable weekly; and if any superintendent shall from 
 
 any cause be unable to attend to his duties for a period longer 
 Substitute. than two weeks at a time, a substitute shall be ap))ointed by 
 
 the Commissioner of Health, by and with the consent of the 
 
 Mayor, whose compensation for the time he shall be employed 
 Pay- shall be at the rate of one thousand dollars per annum, and to 
 
 be paid out of the salary of the said superintendent, and the 
 Horse, cart and (.ompensation for a horse and street cart and driver shall be 
 
 driver. '■ 
 
 not more than four dollars per day, which shall be paid weekly 
 
 to the parties furnishing the same, and the pay of the garbage 
 
 Pay of garbage carts shall bc not more than three dollars and fifty cents each 
 
 carts. '' 
 
 per day, ov j^ro i^ata for a portion of a day. 
 
 No. 92, May 26, 117. Tho Board of Health in employing labor and vehicles 
 for services in their department shall conform as nearly as 
 Scale of prices, practicable to the scale of prices adhered to by corporations, 
 firms and individuals for equivalent services ; and the Corn- 
 Report from missioner of Health shall report monthly the number of men 
 
 Commissioner 
 
 of Health. and horses and carts employed in the department, with salaries 
 ■ or wages paid, to the City Council, if in session ; otherwise 
 the same report shall be made to the Mayor. 
 
 No. 20, Feb. 28, 118. It shall bc the duty of the Assistant Commissioner of 
 
 '72. -^ _ 
 
 Supervision by Health, in addition to such other duties as are embraced in this 
 
 Assistant Com-. 
 
 missioner over articlc, to Superintend the department of Superintendents of 
 
 superintendents ' ■ r i 1- . 
 
 of streets. Strccts, in all matters that relate to the operations and efficiency 
 of the same, its economy in the employment of labor and the 
 disbursement of money for such service. In the discharge of 
 such special service he shall make a circuit of observation in 
 relation to the condition of the streets, lanes and alleys, at 
 least once in every week, to every part of the city, and give 
 
Health. 421 
 
 Article XXIII.— Ordinances. 
 
 sucli instructions to the Superintendents of Streets in relation 
 to their duties as the Board of Health may direct. 
 
 SMALL POX. 
 
 119. There shall be annually appointed, as other city ofR- no. is, s. 9,r. 
 cers are, a vaccine physician for every two contiguous wards, 9;''64°' n^Tb! 
 who shall be a resident of one of the wards for which he may Appointment of 
 be appointed, if practicable, who shall vaccinate in his ward cra^ns"** ^''^" 
 all such persons as may be pointed out to him by any member 
 
 of the Board of Health, as susceptible to small pox contagion, 
 and wiiose duty it shall be to visit each dwelling-house in the Duties preacri- 
 wards, and vaccinate every person who may be presented to 
 him for that purpose, and to be prepared at his office, at such 
 hours as may be designated by the Commissioner of Health, 
 to vaccinate all who may there call on him that are residents 
 of said wards, requiring that operation ; and said physician 
 shall enter upon the performance of the duties prescribed by 
 this section immediately after his appointment. And it shall 
 be the further duty of the several vaccine physicians to keep 
 a record of the names, age and residences of all whom they 
 may vaccinate or re-vaccinate, and report the same monthly, 
 under oath or affirmation, to the Board of Health, and to 
 preserve, at all times during their term of office, all pure vac- 
 cine crust which may come into their possession, and deposit 
 it at the health office once a month, carefully enveloped and 
 marked with the date at which it was taken from the arm ; 
 and it shall further be their duty to report monthly to the 
 Board of Health the names of all persons who shall refuse to 
 suffer themselves or members of their household to be vac- 
 cinated, when the same shall be necessary. 
 
 120. Before the vaccine physicians shall receive their first no. so, June 9, 
 quarter's salary, the Commissioner of Health shall be satisfied xocaUathouses 
 that they have called at one-fourth of the houses in their re- 
 
422 Health. 
 
 Article XXIII. — Ordinances. 
 
 Duty of Health spectivG wards, and the second quarter's salary shall not be 
 
 Commissioner. 
 
 paid until one-half of the houses have been visited, and so on 
 through the year, and a proper return of the same made ; their 
 salaries only to be paid on the endorsement of the Commis- 
 sioner of Health. 
 
 Ibid, 8.3. 121. The quarter's salary of the Commissioner of Health 
 
 Mayor's duty, shall not be payable until the Mayor sliall be fully satisfied 
 
 that the preceding two sections have been impartially carried 
 
 out. 
 
 Ibid, s. 4; No. 122. Said physicians shall be appointed for one year, and 
 
 18, s. 10; No. 5, , „ , , , , <> i . • t i 
 
 Feb. 28, '61. shall act as health wardens tor their respective wards, and 
 To act as health they shall Severally receive the annual salary of three hundred 
 
 wardens. 
 
 Salaries. dollars, payable quarterly. 
 
 No. 4, Dec. 9, '58. 123. It sliall also be the duty of the vaccine physician re- 
 vaccine physi- siding in the wards in which the several police stations are 
 
 cians to attend "^ i n i. /r» i i i i • 
 
 police officers located, to attend to all pohce otncers who may be wounded in 
 
 wounded in dis- ' " _ 
 
 charge of duty. ^\^q discharge of their duties, and to all cases which may re- 
 quire professional services at said station houses ; and the 
 Additional said phvsicians shall each receive one hundred dollars per 
 
 salary. . . . . 
 
 annum, in addition to their present compensation. 
 No. 12, Mar. 28, 124. It shall bc the duty of all the vaccine physicians ap- 
 
 '65. 
 
 Vaccine physi- poiutcd by the Mayor and City Council to sign, in their respec- 
 
 cians to grant , , ,. . ^ ft ^^ • n i 
 
 certificates. tivc vacciue distncts, irce 01 charge, all certincates that may 
 be required of them, to enable children to enter any of the 
 public schools of Baltimore, as required by tlie act of 1864, c. 
 269, s. 7, (sec. 26, statutes, of this article.) 
 
 Ibid, 8.2. 125. Any vaccine physician refusing to sign any certificate 
 
 Physician refus- that he may be required to sign in compliance with the pre- 
 tificate te be dis- ceding scctioH, shall forfeit his office ; and it shall be the duty 
 
 charged. » ' ' J 
 
 of the Mayor, upon satisfactory evidence of said refusal, to 
 discharge the vaccine physician or physicians so refusing, and 
 appoint another in his or their respective districts, and so on 
 ad inJinituTn^ said appointment to be confirmed by the Council. 
 
Health. 423 
 
 Article XXIII. — Ordinances. 
 
 126. As health wardens, it shall be the duty of the vaccine No. is, s. ii, r. 
 
 . . . o. 
 
 physicians to have a general supervision of the health of their Further duties 
 
 I T^ J, /. of vaccine phy- 
 
 respective wards, and examine and report to the xJoard oi sicians. 
 Health any nuisance which, in their opinion, is or niay become 
 a source of disease; and whenever any disease of a con- 
 tagious character shall manifest itself in any of their respec- 
 tive wards, it shall be their duty, under the direction of the 
 Board of Health, to proceed at once to use such means as the 
 nature of the case may demand, to arrest its progress, and if 
 they shall neglect to conform faithfully to the requirements 
 herein specified, it shall be the duty of the Mayor to remove 
 them at once ; and any one so removed shall forfeit such portion 
 of the salary as may be due him at the time of his removal. 
 
 127. It shall be the duty of the physicians of such dispen- ibid, 8.12. 
 sarins as receive donations from the Mayor and City Council, officers of dit- 
 to preserve at all times a full supply of vaccine virus, and Ferve vTrus'l^c^ 
 satisfactory evidence of a compliance with the terms of this 
 ordinance, to be filed with the Comptroller, shall be necessary 
 
 to entitle said dispensaries to the appropriations made for their iwd.s. 13. 
 use. In all cases where the trial of vaccination fails, it shall to repeat vacci- 
 be the duty of the vaccine physicians to repeat the operation 
 until they are satisfied that the subject will not receive the 
 vaccine infection. 
 
 128. No person shall communicate the infection of small no. is, a. 15, r. 
 pox by inoculation within the city of Baltimore, under a pen- inoculation pro- 
 alty of twenty dollars for each and every such ofience. 
 
 129. The Board of Health, with the approbation of the iwd, ». le. 
 Mayor, may cause all districts where malignant or yellow fever when Board of 
 
 f»T r. iiji. Health to fence 
 
 may have become fixed and confirmed beyond their control, to in infected dis- 
 be fenced in and guarded by sentinels. 
 
 130. The Mayor may, upon the Commissioner of Health ibid, s. 17. 
 reporting that he has good reason to believe that a contagious when Mayor to 
 
 . . . J • 1 convene City 
 
 or malignant disease prevails in the city, immediately convene councu. 
 
434 Health. 
 
 Article XXIII. — Ordinances. 
 
 the City Council, in order to communicate to them all the 
 information he may have received respecting the same, that 
 they may take such measures as may seem proper for the 
 occasion. 
 
 QUARANTINE AND MARINE HOSPITAL. 
 
 No. 17, s. 1, R. 131. The hospital on the southern shore of the Patapsco 
 
 O.; No. 43, June . "^ . , i 
 
 2, '62. river shall be known as the Marine Hospital; and a suitable 
 
 Marine Hospital. pcrsoH, to be known and designated as the Marine Hospital 
 Physician to be Physician, shall be annually appointed as other city officers 
 
 appointed. 
 
 are appointed, who shall be a legally authorized practising 
 General duties, pliysiciau, whose duty it shall be to reside permanently on 
 said hospital grounds, and generally to superintend the affairs 
 of the hospital and the grounds attached thereto, and under 
 the direction of the Board of Health to manage the whole 
 domestic economy of the premises ; to collect all moneys 
 which may become due from patients of every class, and from 
 all immigrants and others who may be received into said hospi 
 To pay over tal, and to pay over said money to the Kegister of the City on 
 
 moneys. • -nr /» 
 
 the first Monday of each and every month, and make a monthly 
 Monthly re- rcport on the same day to the Board of Health of the affairs 
 
 ports. 
 
 of the hospital, the number of inmates, by whose order received, 
 and at whose expense. It shall be the furtlier duty of the 
 Marine Hospital Physician, and he is hereby required, when 
 making his monthly returns to the City Register, to render a 
 Detail statement Statement in detail of all the several articles, with the quanti- 
 
 of articles pur- . . iii. ^ ■, • i. 
 
 chased. tics and prices attached, purchased by him or by his authority, 
 
 or in any other manner, for the use of the Marine Hospital 
 
 Patients. during the month just ended ; also the number of patients, 
 
 resident and under treatment at said hospital at the several 
 times of making said monthly returns. 
 
 No. 17, 8. 1, R. 132, He shall promptly attend to all messages or commu- 
 
 Further duties, nicatious scnt to Or left at the hospital which may in any way 
 
 concern his duties under this ordinance, at all seasons of the 
 
 year, and at any hour of the day, between sunrise and sunset ; 
 
Health. 425 
 
 Article XXIII. — Ordinances. 
 
 he or his assistant, as liereinafter provided for, shall also carry 
 into execution the quarantine laws and regulations provided 
 for by this ordinance. He may, in case of ill-health, or when 
 the Mayor and Board of Health may deem it absolutely neces- 
 sary, employ, with their consent, one assistant, who shall also Assistant may 
 
 •'''•'' _ ^ ^ .be employed. 
 
 be a lepjally authorized practising physician, and reside at said 
 hospital during the time he is so employed, for whose acts he 
 shall bo responsible, and whose compensation shall not exceed 
 the sum of five dollars per day during the time his services 
 may be required ; said Marine Hospital Physician shall, before 
 he enters upon the duties of his office, execute a bond to the Bond, 
 corporation, with such sureties as the Mayor and Comptroller 
 may approve, in the penal sum of five thousand dollars, and 
 with the condition that he will faithfully discharge the several 
 duties and trusts reposed in him, and pay over to the Register 
 all money collected by him or his assistant for the city. 
 
 133. All vessels* arriving from sea, between the thirtieth no. 17, s. a, k. 
 day of April and the first day of November, and at such Limits of quw- 
 other times as the Mayor and Board of Health may direct, 
 
 *Tlie corporation may impose penalties, or cause a vessel and all per- 
 sons on board to be taken possession of and controlled until their disinfection 
 is effected, and impose on the captain, owner, or consignee, reimbursement 
 of all expenses incurred, or they may adopt both remedies. If the health 
 officer of the city, on wliom the duty of disinfection is imposed by the ordi- 
 nances of the corporation, in causing expenses to be incurred, act bona Jide 
 within the limits of a sound discretion, and with reasonable skill and judg- 
 ment in this discharge of his official duties, the reasonable expenses thus 
 incurred by him must be paid by the captain, owner, or consignee of the 
 disinfected vessel, as declared by the ordinances of the city on such subjects. 
 The health officer, in his disposition of persons on board of an infected ship, 
 under the ordinances of the city, must send the person laboring under the 
 infectious disease to the hospital, and may also send those on board the same 
 vessel, liable to be affected by it, to the hospital, if in his opinion such course 
 be necessary to prevent the spread of the disease ; and in doing so, acting 
 witli reasonable skill and judgment, and with sound and honest discretion 
 in relation to persons not apparently afflicted with the disease, he renders 
 the owner, master, or consignee, also liable for tlie reasonable expenses in- 
 curred as in other cases. Harrison v. Mayor, &c., 1 Gill, 264. 
 
426 
 
 Health. 
 
 Article XXIII. — Ordinances. 
 
 How vessels 
 may come with 
 in limits. 
 
 Vessels to be 
 boarded. 
 
 Within what 
 periods. 
 
 shall not approach nearer to the city than the quarantine 
 ground, which shall be upon the southern or main branch of 
 the Patapsco river ; and it shall not be lawful for any vessel 
 that is subject to quarantine regulations to approach nearer to 
 the city than a line drawn from the point of Fort McHenry 
 to the hospital ground ; nor shall any such vessel come within 
 the Lazaretto light, upon the north side of Fort McHenry, 
 until she has received a written permit from the Marine Hos- 
 pital Physician, or his assistant, to that effect ; and said Marine 
 Hospital Physician, or assistant, shall board all vessels arriving 
 from sea (except vessels returning in distress, with outward 
 cargo on board,) after their arrival at quarantine ground, as 
 soon as practicable, and such ship or other vessel shall come to 
 anchor whenever required by the Marine Hospital Physician, 
 or his assistant, from the thirtieth day of April to the first day 
 of November in each and every year ; and it shall be the duty 
 of the said physician, or his assistant, carefully to examine 
 into the health of all the officers, crew and passengers of such 
 vessels, the condition of the cargo, the state of the vessel as 
 to cleanliness, and generally into- all such circumstances as 
 may in any way affect or concern the health of the city ; and 
 if he shall believe it to be unsafe to permit any vessel so ex- 
 amined to unlade her cargo or come to the wharf, he shall 
 order said vessel to the Lazaretto wharf, or to some other place 
 outside the city limits, there to perform the necessary purifica- 
 tion which shall be done in such manner as may be directed by 
 said physician, or assistant, to his entire satisfaction, or when- 
 ever the health of the city, in the opinion of the physician, or 
 his assistant, may be endangered, whether from the actual 
 presence of disease or from an unclean condition of the ship, 
 vessel or passengers, to require such ship or vessel to come to 
 anchor at the quarantine ground, and there remain until the 
 passengers have been removed, and the ship or vessel thoroughly 
 cleaned and purified ; and all expenses of purification and re- 
 moval, and all other expenses incurred by said physician, or 
 
 Physician's 
 special duties. 
 
 Cargo. 
 
 Passengers. 
 
Health. 427 
 
 Article XXIII. — Ordinances. 
 
 his assistant, to prevent the introduction or propagation of con- 
 tagious and infectious diseases, to be paid by the master, owner 
 or consignee of the ship or vessel for which the expense was 
 incurred. And it shall not be lawful for any person com- vesaei not to be 
 
 removed. 
 
 manding or having charge of such vessel to remove her from 
 the place assigned or designated by the said physician, or his 
 assistant, without his written permission, or to suffer such ves- 
 sel to be so removed by others. And any ship, vessel or person 
 violating any of the provisions of this section, or neglecting to 
 comply with any orders issued or given by said physician, or 
 his assistant, in comformity thereto, shall be liable to a penalty 
 of five hundred dollars, and a further penalty of fifty dollars Penalty. 
 for every hour the ship or vessel may remain in any position 
 in violation hereof; and an action for the recovery of all fines, 
 forfeitures or expenses incurred in carrying into eflect any of 
 the provisions of this ordinance may be laid against the ship 
 or vessel, the master, the owner or consignee of the ship or 
 vessel so violating, each or all of them, at the election of the 
 city. 
 
 134, All vessels, after their cargoes are discharged, shall, iwd.s. 3, 
 
 if deemed necessary by the Board 6f Health, be forth witk vessel to he pu- 
 removed to the stream, and to a proper distance from the 
 wharf, and thorouglily cleansed and ventilated, under the di- 
 rection of the said board ; and any person offending against 
 the provisions of this section, or who shall refuse or neglect to 
 comply with the order of the officer or ofiicers charged with its 
 execution, shall forfeit and pay the sum of one hundred dollars. Penalty, 
 and twenty dollars for every hour thereafter during which said 
 disobedience shall continue. 
 
 135. The commander, captain, pilot, or person having iwd, s. 4. 
 charge of anv vessel coming to the port of Baltimore, from sea Duties of com- 
 
 ^ J D I manders, cap- 
 
 or elsewhere, and on board of which there shall be any person |^";|^»"^;j p^'f^j 
 or persons affected with small pox, varioloid disease, or other 
 eruptive complaint, or infectious or contagious diseases, or 
 
 1 regar 
 fectious dis- 
 eases. 
 
428 Health. 
 
 Article XXIII. — Ordinances. 
 
 whose condition would authorize a suspicion that the malady 
 may be small pox or any modification thereof, or any other 
 infections or contagious diseases, or on board of which small 
 pox, varioloid, or any eruptive disease of a Idnd which would 
 authorize a suspicion that it had been any form or modification 
 of small pox, or any other infectious or contagious diseases, 
 shall have appeared at any time during the voyage from the 
 port or place at which the vessel had cleared, shall bring the 
 said vessel to at the quarantine ground, and there await the 
 arrival of the Marine Hospital PJiysician, or Ids assistant, and 
 not depart thence until a written permission from the Marine 
 Hospital Physician, or his assistant, shall be obtained for that 
 purpose; and it shall not be lawful for the said commander, 
 captain, pilot, or other person having charge of such vessel, to 
 Passengers not land or bring on shore, or suffer to be landed or brought on 
 
 to be landed. i 
 
 shore, any passenger or passengers, or any of the officers or 
 Nor baggage, crcw of sucli vcssel, or any part or parcel of the bagg-age, 
 
 goods or effects. •' ^ '^ to& fc> ' 
 
 goods or effects, or any other articles contained in said vessel, 
 until he has obtained a written permission from the Marine 
 Hospital Physician, or his assistant, so to do ; and it shall, 
 moreover, be the duty of the persons aforesaid having charge 
 of said ship or vessel to make a full disclosure of all such cir- 
 cumstances in relation to the health of the officers, crew and 
 passengers on board said vessel during the voyage, and at the 
 time of the inquiry, as may be necessary to enable the Marine 
 Hospital Physician, or his assistant, to determine on the mea- 
 sures necessary to be taken iu the premises, and particularly 
 interrtgatories to auswcr any interrogations which may be put to him by said 
 " officer in reference to the existence of small pox, varioloid or 
 other eruptive, infectious or contagious diseases among the 
 officers, crew or passengers on board the vessel at the time of 
 the inquiry, or at any previous time during the passage; and 
 any person neglecting or refusing to comply with any of the 
 requisitions or provisions contained in this section, or with any 
 order of the Marine Hospital Phj'sician, or his assistant, in 
 
Health. 429 
 
 Article XXIII. — Ordinances. 
 
 pursuance of and in conformity thereto, shall forfeit and pay 
 the sum of five hundred dollars; and if the said penalty shall Penalty, 
 have been incurred by the commander, captain, pilot or other 
 person having charge of such vessel, and he shall abscond or 
 evade the execution of this ordinance, then the said penalty 
 shall be paid by the owner or consignee of such ship or vessel, 
 unless he shall give such information as may lead to the appre- 
 hension of the delinquent. 
 
 136. Each member of the Board of Health shall have full No. i8, s. 58, r. 
 
 , o. 
 
 power and authority to give an order for the reception of any Power of Board 
 
 person affected with a contagious disease, dangerous to the ^^l'^^',"'^'' *"'"'*- 
 
 community, into the Marine Hospital. 
 
 137. It shall not be lawful for any person or persons, know- i»>«d, »• ss- 
 ingly, to bring, or cause to be brouirht into the city, any damaged Ccnain dam- 
 
 . . \ ^ Jf J fi a(,":d articles not 
 
 cotiee, hides, rice or any other article which, by its nature, is ^•?^'«' brought in 
 
 liable to produce disease, at any time between the first day of 
 
 May and the first day of November, in each and every year, 
 
 under a ])cnalty of one hundred dollars; and it shall be the 
 
 duly of the Mayor and each member of the Board of Health, 
 
 whenever any article shall have been brought into the city, to 
 
 cause a written notice to be served ot) the person or persons How to be re- 
 
 ^ moved. 
 
 having the same under his, her or their charge, to have the 
 same forthwith removed to such place as may be directed in 
 such notice, and shall likewise order that the vessel (if any) 
 bringing the same be removed within six hours after the de- Kemovaitoqua- 
 
 " " rantinc ground 
 
 livery at said place to the quarantine ground, there to remain "f'ye3s"ei''*''°" 
 until cleansed and ventilated to the satisfaction of the Marine 
 Hospital Physician, and any person or persons refusing or ne- 
 glecting to comply with the directions prescribed in the notice, 
 either of the Mayor or a member of the Board of Health, shall 
 forfeit and pay a fine of one hundred dollars for each and Penalty, 
 every oftencc, and twenty dollars for each and every hour such 
 neglect shall jcontinue. 
 
430 Health. 
 
 Article XXIII. — Ordinances. 
 
 No. 75, June 3, 138. The Major and Board of Heath may, in their discre- 
 Mayorand tion, cxompt from the quarantine regulations of the city of 
 
 Board of Health ,-, , . t^ i • 
 
 may exempt Isaltimore all steam vessels coming into the port of Baltimore 
 
 steam vessels. ° ' 
 
 from any port in the United States north of Cape Henry, which 
 Exception to be cxemptioH shall be certified to the physicians at the Marine Hos- 
 
 certihed to phy- . , , , . . " 
 
 sician at hospi- pital, and shall remain in force until countermanded by said 
 Proviso. Mayor and Board of Health, and no longer ; provided, how- 
 
 ever, that no exemption granted under the provisions of this 
 section shall be so construed as to exempt the commander, cap- 
 tain, pilot, or other person having charge of any vessel coming 
 into the port of Baltimore, or the owners or consignees of the 
 same, from the penalties and fines imposed by section 135 of 
 this article. 
 
 No. 75, June 20, 139. Vcssels arriving from ports north of Cape Henry free 
 Further exemp- from epidemic, or contagious disease, and with cargoes from 
 said ports, shall not be subject to the usual quarantine regula- 
 tions contained in section 133 of this article, unless in the judg- 
 ment of the Board of Health compliance with said regulations 
 shall be necessary to protect the health of the city. 
 
 No.i7,s.5,R.o. 140. The Marine Hospital Physician, or his assistant, shall 
 What persons to visit all ships or vessels that may come to at the quarantine 
 
 be sent to hospi- , ,. ,, i'-iok -ii 
 
 tai by Marine grouuds, as directed in section 135, as soon as practicable. 
 
 Hospital Physi- 
 cian, in daylight, after the knowledge of such fact shall have 
 
 been by any means obtained by him ; and said ofiicers are here- 
 by authorized and directed to send all persons afiected with 
 the small pox, varioloid, or other infectious or contagious dis- 
 eases, who may be found on board such vessels to the Marine 
 Hospital, to take or direct such measures in regard to the 
 officers, crew and passengers as in their opinion may be neces- 
 sary to disinfect them, and to prevent their propagating the 
 BaggftKe.&c, to disease, to direct all such articles on board the vessels to be 
 landed, in order to be purified from infection, as they may deem 
 proper, and to subject all such articles to such process of dis- 
 infection as they may think necessary for that purpose. And 
 
Health. 431 
 
 Article XXIII. — Ordinances. 
 
 the Marine Hospital Physician is moreover authorized and re- 
 quired to keep all such articles as he may deem necessary, to 
 subject to the disinfecting process aforesaid, under his own care 
 and supervision, until such purpose be accomplished. And it 
 shall be the duty of the Marine Hospital Physician, or his 
 assistant, with the approbation of the Mayor, to adopt all means 
 or measures consistent with the laws of the United States, the 
 State of Maryland, and of the city of Baltimore, to prevent communication 
 
 / _ " ^ ^ * with citiiKiis to 
 
 any communication between the citizens of Baltimore and be prevented, 
 those detained, until the necessary means are used to disinfect 
 them, their baggage and other property, to the satisfaction of 
 the Marine Hospital Physician, or his assistant. And any person 
 removing or attempting to remove any baggage or merchan- 
 dise detained in virtue of this section, or any of the health 
 ordinances of the city, shall forfeit and pay twenty dollars, and Penalty, 
 all expenses of removing said baggage or merchandise back to 
 the Hospital or Lazaretto grounds, as may be directed, and of 
 delivering the same into the charge of the Marine Hospital 
 Physician or his assistant. 
 
 141. The expenses which may be incurred in the disinfect- ibid, s. 6. 
 ing and purifying of vessels, persons, baggage, or other arti- Expenses of pu- 
 
 1 • !• • /» 11 T rification, &c.— 
 
 cles from the infection of small pox or other diseases, as pro- how to be paid, 
 vided for in the preceding section, shall be done at the proper 
 cost and charge of the commander, captain, owner or con- 
 signee of the infected vessel, and such part thereof as it may 
 be necessary for the Marine Hospital Physician, or his assist- 
 ant, to incur in the first instance, shall be charged to the com- 
 mander, captain, owner and consignee, or either of them, at 
 the discretion of the Marine Hospital Physician, or his assist- 
 ant, and collected by him ; but if it cannot be so collected, the 
 amount which said physician shall have necessarily expended 
 for the purpose aforesaid, shall be refunded or repaid by the 
 Register of the City, with the approbation of the Mayor. 
 
432 Health. 
 
 Article XXIII. — Ordinances. 
 
 Ibid, 8. 7. 142. All passengers placed under quarantine, whether 
 
 Expense of detained on shipboard, or removed on shore, as the Marine 
 
 maiutaining 
 
 passengers Rospital Phvsician or his assistant may direct, who shall fail 
 
 under qiiaran- i ./ j t 
 
 dedVor*^^"^"'*" ^^ maintain themselves, shall be provided for by the master of 
 the vessel in which they shall have arrived ; and if the master 
 shall omit to provide for them, as above directed, the expense 
 of their maintenance shall be charged to the vessel in which 
 they arrived. And snch vessel shall not be permitted to leave 
 the quarantine ground until such expense siiall have been 
 repaid, or secured to be paid in a manner satisfactory to the 
 Mayor. 
 
 Ibid, s. 8. 143. If the captain, commander, or other person having 
 
 Penalty on refu- chargc of anv vesscl which shall be detained at quarantine by 
 
 sal of captain to 
 
 comply with or- the Marine Hospital Physician, or his assistant, shall refuse or 
 
 der of hospital r J .' ' 
 
 physician. ncglcct to obcy or carry into effect any order or requisition of 
 the Marine Hospital Physician, or his assistant, made in pur- 
 suance of, and in conformity with, the provisions of sec- 
 tion 140 hereof, he shall • forfeit and pay the sum of twenty 
 dollars for every such refusal or neglect, and the further sum 
 of twenty dollars for every hour thereafter during which such 
 disobedience shall continue; and if any person on board such 
 
 Penalty upon vcsscl shall Icave it and come on shore without the permission 
 
 leaving vessel ... ,, .-, 
 
 without consent of the Marine Hospital Physician, or his assistant, he or she 
 
 of hospital phy- I J J ' 
 
 sician. shall forfeit and pay the sum of fifty dollars; and any person 
 
 who shall have been permitted to land, and directed to remain 
 at the Marine Hospital until permitted to go into the city, and 
 shall leave tlie hospital grounds without the permission of the 
 Marine Hospital Physician, or his assistant, shall forfeit and 
 
 Upon going ])ay the sum of fifty dollars ; and if any person shall go ou 
 
 aboatd vessel , , i • i 
 
 without consent board, or have communication in any manner otherwise than 
 
 of hospital phy- 
 
 sician. \^y spcakiug with the persons on board any vessel brought to 
 
 or detained under the provisions of this ordinance under quar- 
 antine, before he or she hath obtained permission from the 
 Marine Hospital Physician, or his assistant, in writing, he or 
 
Health. 433 
 
 Article XXIII. — Ordinances. 
 
 she sliall forfeit and pay for every ench offence the sum ofiwd.s. 9. 
 twenty dollars. If small pox, varioloid, or any infectious or Duty of Board 
 contagious disease shall appear upon any of the officers, erew cases or infec- 
 
 " * r r ./ ' tious di8ea.se, 
 
 or passengers of any vessel, at any of the wharves of the city, 
 or at anchor in the basin or harbor, at any season of the year, 
 and the fact shall come to the knowledge of the Board of 
 Health, it shall be the duty of the said board, or any one of 
 them, to order said vessel to the quarantine ground, to be sub- 
 ject to the regulations hereinbefore provided for in respect to 
 vessels detained at quarantine; and if the commander, cap- 
 tain, or other person having charge of such vessel shall refuse penalty upon 
 
 refusal to obey 
 
 or neglect to obey such order, he sliall forfeit and pay the sum orders in sucu 
 of one hundred dollars for such refusal or neglect, and the 
 further sum of twenty dollars for every hour thereafter during 
 which time such disobedience shall be persisted in ; and it 
 shall be the duty of the said Board of Health, or any member 
 thereof, to notify the Marine Hospital Physician, or his assist- 
 ant, of the fact, for his government in the case. 
 
 144. The Marine Hospital Physician, or his assistant, upon ibid, •. 10. 
 visiting any vessel iu compliance with the provisions of this Fees to be coi 
 
 ,. . 1111 1 le<'te'l for visit- 
 
 oruinance, wliether at quarantme or elsewhere, shall demand ing vessels, 
 and receive from the commander, captain, owner or consignee 
 of such vessel, the following sums of money, viz : From any 
 vessel not exceeding two hundred tons register measurement, 
 two dollars for each and every voyage, and for vessels over 
 and above two hundred tons, one cent a ton for each and every 
 voyage. And it shall be the duty of the Marine Hospital 
 Physician, or his assistant, to make monthly returns, on oath, 
 of all money collected by him, and pay over the same to the 
 Kegister of the City, without discount or deduction ; and also 
 to return the number of vessels boarded by him, and the ton- 
 nage of each. And if any commander, captain, owner or con- 
 signee of such vessel shall refuse or neglect to pay the sum 
 authorized to be demanded of him by this ordinance, it shall 
 
434 Health. 
 
 Article XXIII. — Ordinances. 
 
 Penalty upon be the dutv of the Marine Hospital Physician, or his assistant, 
 
 refusal to pay , . , 
 
 same. to issue and deliver, or cause to be delivered, to said commander, 
 
 captain, owner or consignee, a written order forbidding the land- 
 ing of any part of the cargo of such vessel until the demand is 
 paid ; and if any person, so notified, shall disobey such order, he 
 or she shall forfeit and pay the sum of twenty dollars, and the 
 further sura of twenty dollars for every hour thereafter during 
 which such disobedience shall continue. 
 
 No. 17, s. n, R. 145. In consideration of the duties to be performed as 
 
 O.; No. 43, June 
 
 17, w; No. 62, Marine Hospital Physician, and in order to secure the best 
 saiaryofhospi- professional services, said officer shall hereafter receive, in 
 
 tal physician. •,. -, . . i i <• 
 
 lieu of all commissions or perquisites, a salary at the rate oi 
 three thousand dollars per annum, payable monthly ; and 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. 
 
 No. 17, 8. 12, R. 146. The Marine Hospital Physician, with the consent and 
 
 O.; No. 68, May '^ 
 
 30, '66- No. 57, approbation of the Board of Health, shall be authorized, and 
 Boatmen, &c., to he is hereby empowered to employ such persons as maybe 
 required for boatmen, (whose wages shall be at the rate of 
 sixty dollars per month,) farm hands or nurses, at such prices 
 as may be agreed on by them ; such person or persons to be 
 discharged as soon as their services are not needed. 
 
 No. 17, s. 13, R. 147. The Marine Hospital Physician shall be authorized, 
 Charges to be and he is hereby directed and empowered to charge each 
 
 paid for board, , n ^ ^ i 
 
 &c., at hospital, patient, over niteen years oi age, who may be sent to the 
 Marine Hospital, fifty cents for each and every day they may 
 continue therein, and twenty-five cents for each and every 
 person under fifteen years of age, except infants, for whom no 
 
 How and of chargc shall be made. And should said patient or patients, 
 
 whom to be t,, (>mi • i- -j 
 
 collected. liable to pay such charges, lail to do so prior to leaving said 
 hospital, then the master, owner or consignee of the ship or 
 vessel, from which such patient was received, shall be auswer- 
 
Health. 435 
 
 Article XXIII. — Ordinances. 
 
 able for said charge, and it shall not be lawful for any person 
 commanding or having charge of such ship or vessel, to re- 
 move such ship or vessel from the quarantine grounds before 
 executing, in writing, an agreement to pay to the Mayor and 
 City Council of Baltimore, such sum or sums as shall be 
 chargeable to each and every patient sent to said hospital from 
 such ship or vessel. 
 
 148. Said Marine Hospital Physician, through the Board ibia, s. m. 
 
 of Health, and with the approbation of the Mayor, may ob- Hospital physi- 
 
 , i>/>i /»ii'ij *^'*'* ^° obtain 
 
 tain the necessary supplies tor tlie support oi the hospital, and supplies. 
 for carrying out the provisions of this ordinance, and all bills 
 for these purposes must be contracted by the Board of Health ; 
 and said physician may, with the approbation of the Mayor, xo draw on th« 
 draw on the Kegister for such sum or sums as may be required ^^^ *'' 
 for the purposes aforesaid ; provided, the same shall not ex- ptovIm. 
 ceed the amount deposited by him with the Register in the 
 current year. 
 
 149. Whenever the Marine Hospital Physician, or his as- iwd.s. is. 
 sistant, shall find it necessary to order the goods, baggage or Goods, &c., to 
 
 I J 1 ■ /» 111- 1 i> ii /• be disinfected. 
 
 bedding irora on board a ship or vessel tor the purpose oi 
 cleansing or disinfecting the same, he shall take care to have 
 them kept safe from injury or depredation, and cause them, 
 when disinfected, to be returned to the ship or vessel from to be returned 
 which they were taken, before such ship or vessel shall leave 
 the quarantine ground, unless the owner or owners thereof be 
 detained at the hospital, in which case the same shall be de- 
 livered to the respective owner or owners thereof, when they 
 shall be discharged from the hospital ; the captain, owner or Expense to be 
 consignee shall be answerable for all expenses incurred in 
 carrying out the provisions of this section. 
 
 150. It shall be the duty of the Marine Hospital Physician, ibid.s. lo. 
 or his assistant, to carefully inspect the condition of all pas- condition of 
 
 . , passengers to 
 
 seugers, and passenger ships or vessels arriving at this port be examined, 
 from any foreign country ; and whenever, in their opinion, the 
 
436 Health. 
 
 Article XXIII.— Ordinances. 
 
 health of the city maybe endangered, whether from the actual 
 presence of disease, or from an unclean condition of the ship 
 or passengers, to require such ship or vessel to come to anchor 
 at the quarantine ground, and there remain until all the pas- 
 sengers have been removed, and the ship or vessel thoroughly 
 cleansed and purified ; all expenses of purification and re- 
 moval, and all other expenses incurred by the Marine Hospital 
 Physician, or his assistant, to prevent the introduction or pro- 
 pagation of contagious or infectious diseases, to be paid by the 
 master, owner or consignee of the ship or vessel for which the 
 expense was incurred. 
 
 Ibid, s. 17. 151. The Marine Hospital Physician, or his assistant, may 
 
 Passengers and wlicu either of them deem it necessary, to prevent the propa- 
 cinrted. '^ gating of Small pox or varioloid disease among the crew and 
 passengers of a ship or vessel detained at the quarantine 
 ground, vaccinate any one or more of said crew and passen- 
 gers, and may charge twenty-five cents a person for per- 
 forming said duty, and in case one or more persons on board 
 a ship or vessel whom it would not be necessary to send to 
 the hospital, but who may desire the attendance of the Marine 
 Hospital Physician, or his assistant, during any part of the 
 time said ship or vessel may remain at the quarantine ground, 
 shall charge fifty cents per day for each and every person he 
 may so attend, and in case said person or persons shall fail 
 to pay said charges, then the ship or vessel, the master, the 
 owner or consignee of the ship or vessel shall be answerable 
 All moneys to be for the chargcs herein provided to be made ; the money, when 
 paw to Regis- ^.^Hgg^g^j^ ^^ ^^g p^jd to the City Register, to be placed by him 
 to the credit of the Marine Hospital. 
 
 Ibid, s. 18. 152. Whenever the harbor-masters, or any one of them. 
 
 Duty of harbor shall licar or know of any violation of any of tlie provisions of 
 ^ort'trBoard'of this Ordinance, it shall be his or their duty to report said vio- 
 lation to the Board of Health, who shall promptly enforce the 
 penalties of this ordinance ; and all money so collected shall 
 
Health. 437 
 
 Article XXITT. — Ordinances. 
 
 be paid to the City Register, who shall place the same to the • 
 credit of the Marine Hospital. 
 
 153. The Mayor of the City, the presidents of the two iwd, s. 19. 
 Branches of the City Council, the president of the German visiting com- 
 
 o • • ... . mittee. 
 
 Society, the president of the Hibernian Society, and the presi- 
 dent of the St. Andrew's Society, are a committee, ex-officio, 
 and are hereby empowered to visit said hospital, once during DuUea. 
 each mouth, or oftener, if necessary, and to examine the con- 
 dition of the patients, their food, bedding, clothing, cleanli- 
 ness and ventilation of the apartments, as well as into all 
 other things connected with the general or medical manage- 
 ment of the institution ; and said committee, through the 
 Mayor only, may make such suggestions to, or requisitions 
 upon, the Board of Health, as may be deemed expedient or 
 necessary in relation to the food, bedding, or other suitable 
 supplies for the comfort of said patients, with a due consid- 
 eration at the same time of an economical expenditure of such 
 moneys as from time to time may be appropriated for the use 
 of the said hospital. , 
 
 154. The officers, respectively, of the aforesaid visiting iwd.s. 90. 
 committee, shall be honorary, and without pecuniary remun- committee to be 
 
 . carried to and 
 
 oration ; provided, however, that the Board of Health is here- from hospital, 
 by authorized to supply, at all necessary times, suitable con- proviso, 
 veyance for said committee, to and from said hospital, the 
 vouchers for the expense of which conveyance shall be allowed 
 in the annual statement of said board, properly charged to 
 the account of the said hospital. 
 
 Note.— Decision by Brown, C. J., in City Court, Dec, 1873. 
 
 Frederick Myers v. tlie Mayor and (Jity Council of Baltimore : This case 
 comes before me on an appeal from Justice Hemmick, who gave judgment 
 against the City for $35, debt and costs. The claim of the plaintiff is for 
 his clothing destroyed by order of Dr. Conrad, Physician of the Marine 
 Hospital of the city, and this case, together with fourteen other cases of a 
 similar description, is submitted to the decision of this court, both on the 
 law and the facts. The question presented is one of much interest and im- 
 
438 Health. 
 
 Article XXIII. — Ordinances. 
 
 portance. The plaintiff was a seaman on board the David Stewart, which 
 arrived at this port on a voyage from Rio, in July last. When the vessel left 
 Rio yellow fever prevailed there. One of the crew was taken ill with the 
 fever shortly before she sailed, and the captain soon afterwards. Five others 
 of the crew were attacked by the same disease on the voyage, but all re- 
 covered except the captain, who died at sea, and his body was brought here 
 in the hold of the ship. On her arrival the Marine Physician ordered 
 her into quarantine. The clothing of the crew was burned after having 
 been appraised by the physician, with the assistance of the owners. 
 This was done, as Dr. Conrad testified, by his order, with the concur- 
 rence of the Board of Health, because it was considered necessary to 
 prevent the spread of the disease into the city. Some evidence was 
 given by Dr. Conrad, not, however, from his own knowledge, that in 
 1839 yellow fever had been introduced into the city from a chest of clothing 
 brought here from Rio. He testified that the germ tlieory of contagious dis- 
 eases is now generally accepted by the medical profession ; that is, that liv- 
 ing germs proceeding from diseased bodies lodge in the clothing, on furni- 
 ture, and other objects with which the patient comes in contact, and are 
 carried by the air to other places and persons, and may produce in other 
 persons on whom they fasten the same disease with which the patient is 
 infected. He further testified that these germs cannot be destroyed by boil- 
 ing, or by heat even to the amount of 800° or 900° Fahrenheit, without 
 actual flame, and for this opinion he relied exclusively on certain experi- 
 ments made by Professor Tyndall, and mentioned in a paper on Dust and 
 Disease contained in his Fragments of Science, published in 1871. The 
 experiments were made in one of the rooms of the Royal Institution, Lon- 
 don, in the air of which there were floating visible particles of matter of 
 organic origin, but it did not appear that among them were any germs of 
 disease. Dr. Conrad testified that he had no faith in the efficacy of any 
 disenfectants, although he would have tried them on the clothing if he had 
 a fumigating house for the purpose. 
 
 Dr. Wilhelm testified that he had known small-pox to be communicated 
 by infected clothing after it had been boiled for several hours. 
 
 It was contended on the part of the city, first : That the Marine Physician 
 had, under the ordinance, authority to burn the clothing, and that being 
 infected, it was wholly worthless and without value; and second: That if 
 this is not the case, he had authority to burn the clothing under the same 
 law of necessity which would authorize pulling down a house to arrest a 
 conflagration, or destroying a mad dog to prevent the spread of hydrophobia. 
 
 A careful examination of the ordinances has satisfied me that they do not 
 authorize destruction of property to prevent contagion, except in the case 
 of small-pox, which was for the time being provided for by a resolution of 
 the Mayor and City Council, approved on the 27th of January, 1873, 
 [No. 68,] which required the bed, clothing and furniture of the room of a 
 small-pox patient to be destroyed, and compensation to be made therefor. 
 
Health. 439 
 
 Article XXIII. — Ordinances. 
 
 In all other cases, the clothing, property and vessels infected with con- 
 tagion, are, in express terms, required to be dmnfected, but neither in express 
 terms nor by implication is their destruction authorized. If the Marine 
 Physician has, under the ordinances, the right to destroy infected clothing, 
 there is no reason why he could not have the same right to destoy the cargo, 
 and the vessel itself, if he thought that there was no efficient method of dis- 
 infecting them. Nor can the authority of the Marine Physician be sustained 
 on the ground of necessity. It would require very different and much 
 stronger proof than the experiments referred to, to establish the proposition 
 that the ship and cargo, or even wearing apparel infected with the germs of 
 yellow fever may be destroyed by the same right by which a mad dog may 
 be killed. Vessels from places where yellow fever prevailed having on board 
 persons suffering from the disease itself, have very often arrived at this port, 
 and after a brief quarantine the crews and passengers, with their clothing, 
 have been permitted to land, and yet, with the exception of a few rare cases, 
 the disease has for many years hardly been known among us. The danger 
 of the contagion of yellow fever in this latitude, at least, does not exist to 
 the extent supposed by the counsel for the city. 
 
 Commodore Hollins testified that he had been in the navy for more than 
 fifty years ; that he had had yellow fever on shipboard fifteen or twenty 
 times ; that it was the custom for the clothing of sailors who have died on 
 shipboard to be sold by auction among the crew, but that the disease always 
 diminished as tlie vessel approached no;"thern latitudes, and that if she re- 
 turned to an infected port it would break out again. It is worthy of note 
 also that the opinion that the germs of contagious diseases cannot be de- 
 stroyed by a degree of heat much less than that stated by Dr. Conrad, is not 
 implicitly received by scientific men, but is strongly controverted on evi- 
 dence furnished by more recent exjjeriments. Nor is it an established fact 
 in science that the germs cannot be destroyed by disinfectants, but the con- 
 trary doctrine is still maintained and believed. 
 
 It did not appear from the evidence that the destruction of clothing in- 
 fected with yellow fever has been practised in any port except Charleston. 
 Evidence was given of one or two cases where it had been burned in Boston. 
 The burning of the clothing of the plaintifl" cannot, therefore, be justified 
 on the ground of necessity. 
 
 In reference to the value of the clothing destroyed, it is sufficient to say 
 that although clothing so infected could not be said to have a market value 
 while it remained in that condition, yet, that even in that condition, it had 
 a substantial value to its owners, who had no longer anything to dread from 
 contagion. 
 
 But the question still remains whether the city is liable in damages for 
 the unauthorized acts of its officers. This question is conclusively settled in 
 the negative by the case of Horn v. t/ie Mayor and City Council of Baliimore, 
 30 Md. 218. The Mayor and City Council had illegally undertaken to grade 
 North avenue, and in so doing had injured the lot of Horn, who brought 
 
440 Health. 
 
 Article XXIII. — Ordinances. 
 
 suit to recover from tlic city tlie damages sustained. The Court of Appeals 
 held that the Mayor and City Council are the agents and representatives of 
 the inhabitants of the city, who are the corporators, and as such are en- 
 trusted with certain powers which are specially defined and limited, and 
 can be exercised by them in the manner and form only prescribed by law, 
 • that whenever they transcend their powers, their acts, although done colore 
 officii, and upon pretence of law, are no more binding upon the corporators 
 than the acts of an agent in any other case can bind his principal when done 
 beyond the scope of the authority conferred. See note, p. 8, ante. 
 
 As the acts of the Mayor and City Council are thus void, and not binding 
 wlicn they transcend their powers, it certainly follows that the acts of the 
 Marine Physician in this case are not binding on the city, because they 
 exceed the powers conferred on him, and the concurrence of the Board 
 of Health can give no validity to them, because they are equally 
 beyond the scope of the powers conferred on that department. This 
 is not, as was contended by the plaintiff, a case of taking private prop- 
 erty for public use, which he rightly insisted cannot be done without just 
 compensation. The property was not taken by the city for public use, but 
 was destroyed by an officer of the city under a mistaken idea of his right 
 and official duty, and for such an act, the city, as I have shown, is not 
 responsible. 
 
 The counsel for the plaintiff gave in evidence a communication from the 
 Marine Physician to the Mayor and City Council, dated May 23, 1873, in 
 which he comments on the "inadequacy" of the "Marine Hospital," 
 and on the fact of "no buildings or suitable place being furnished 
 necessary to the proper care of cargoes, nor for their disinfection ;"• and he 
 adds, " I have been compelled to burn infected clothing from two vessels in 
 the present month, in consequence of the want of a building in which to 
 fumigate and to protect the city from yellow fever." It is due to Dr. Con- 
 rad to add that he stated in his evidence that his opinion of the inadequacy of 
 disinfectants had been reformed since the date of his communication. 
 
 The counsel for the plaintiff contends that the default of the city in not 
 providing the necessary means to disinfect clothing, which it was its duty to 
 do, rendered it necessary to destroy it, and that the city is therefore liable. 
 
 The obvious reply to this is that it nowhere appears, except in the letter 
 of Dr. Conrad, that a separate building is absolutely necessary for the disin- 
 fection of clothing, and even if it were, he is, by the ordinance (p. 431, 
 ante,) " authorized and required to keep all such articles as he may deem 
 necessary to subject to the disinfecting process aforesaid under his own care 
 and supervision until such purpose be accomplished." 
 
 He is required to keep the articles, not to destroy them. I certainly cannot 
 find in this provision any such neglect of a clear duty on the part of the 
 Mayor and City Council as rendered the destruction of the clothing neces- 
 sary, or made the city liable for it. ^ 
 
Health. 44:1 
 
 Article XXIII. — Ordinances. 
 
 A case in Maine, on a question somewhat similar, which was for a long 
 time strenuously contested, sheds so much light on this that it should be 
 noticed. A vessel arrived at ll(jckland, in that State, with the small-pox on 
 board. There being no suitable hospital, the health officers of the town, 
 with the consent of the owners, took possession of the vessel, for the purpose 
 ui' nursing one of tlie crew who was ill with the disease, and who remained 
 on board. While in their custody the vessel took fire accidentally, and was 
 destroyed. The owners sued the town for negligence. The law of the State 
 required vessels U) perform quarantine at such place and under such regnla- 
 iium a» Vie Hdectiiicn might deem expedient. The Supreme Court of Maine 
 held that this did not authorize the health officers t<j convert the vessel into 
 a hospital ; that neitlicr the relation of master and servant, nor of principal 
 and agent, exists between a U^wn and its health or police officers, and that 
 the town was not liable for their unlawful or negligent acts. Mitchell v. 
 Rockkuut, 52 Maine, 118. Judgment for the Mayor and City Council of Bal- 
 timore. 
 
442 Holiday and "War of 1812. 
 
 Article XXIV. — Ordinances. 
 
 ARTICLE XXIV. 
 
 HOLIDAY AND WAR OF 1812. 
 
 ORDINANCES 
 
 1. Twelfth of September. 
 
 2. Defenders of Baltimore: annual 
 
 appropriation. 
 
 3. Commissioners: registry: returns 
 
 to Mayor, &c. 
 
 4. Mayor, &c. to till vacancies : no 
 
 compensation to commissioners. 
 
 ORDINANCES . 
 
 No. 79, Sept. n, 1. The Twelfth day of September is hereby recognized 
 
 '66. 
 
 Twelfth of Sep- and declared to be a municipal holiday, and upon its annual 
 
 tember. ..,, 
 
 recurrence the municipal departments shall be closed, and 
 the business of the corporation suspended, as a mark of re- 
 spect for the day. 
 
 No. 63, Api. 24, 2. The Register is hereby authorized and directed to pay 
 Annual appro- annually to the treasurer of the Association of Defenders of 
 
 priation to Asso- y-,,. /-w-i n-i 
 
 elation of De- Baltimore City in the war of eighteen hundred and twelve, 
 
 fenders of Bal- •' & ' 
 
 timorecity. ^jjg ^^^j^ Qf three hundred dollars, said sum to be by them 
 How to be ex- expended in payment of the expenses of the celebration, in 
 any manner they may see fit, of the anniversary of the bat- 
 tle of North Point. 
 
 No. 33, s. -3, May 3. Thcrc sliall be annually appointed, as other city 
 uommissioners. officcrs are a{)j)ointed, three citizens to act as a Board of 
 Commissioners, whose duty it shall be to determine who are 
 entitled to such pension or sum set apart by the in to meet 
 the necessities of each case, and give to such as are entitled 
 an order on the City Register for the same. It shall also be 
 
Holiday and Wae of 1812. 443 
 
 Article XXIV. — Ordinances. 
 
 the duty of the commissioners to keep a registry of all such Registry. 
 
 sokliers and widows, their residences, the character of their 
 
 conditions, and the amount of money appropriated to their 
 
 use, which sum shall not exceed one hundred dollars per 
 
 annum ; such registry and statement to be presented to the Returns to May- 
 
 -r-» • . • • *"^' '''• 
 
 Mayor, Comptroller and Register, for inspection quarterly, 
 and the same shall be submitted to the Council when in ses- 
 sion. 
 
 4. When a vacancy occurs in the Board of Commission- iwd, s. s 
 ers during a recess of the Council, by death, resignation or Mayor, &c, to 
 
 fill vacancy. 
 
 otherwise, the Mayor, Comptroller and Register, or any 
 
 two of thum, shall have power to fill such vacancy. The 
 
 commissioners are to receive no compensation for their ser- No compensa- 
 tion to commis- 
 
 vices, but they shall be allowed by the Comptroller for sta- ssoners. 
 tionery and other expenses, such as may be indispensably 
 necessary for the actual business under their charge.* 
 
 *Ord. No. 6, Feb. 10, '65, enacted that for every year during their lives, 
 the persons therein named, widows of soldiers of the war of 1813, were 
 allowed the sum of one hundred dollars each, to be paid by the City Regis- 
 ter, on the order of the commissioners appointed by the Mayor and City 
 Council. The acts of 1870, c. 477 ; 1872, c. 309 ; 1874, c. 305, c. 351 and 415, 
 and 1876, c. 320, granting pensions to soldiers of war of 1812 and their 
 widows, are repealed by act of 1878, c. 350. 
 
444 
 
 Hospitals. 
 
 Article XXV. 
 
 ARTICLE XXV. 
 
 HOSPITALS. 
 
 STATUTES. 
 
 1. Houses of Correction : hospitals 
 or pest-h(mses. 
 
 MARYLAND HOSPITAL. 
 
 3. Pauper lunatics. 
 3. Quota from city. 
 
 ORDINANCES. 
 
 1. Insane asylums not to be erected 
 
 within limits of direct taxation. 
 
 2. Buildings already erected. 
 
 3. Penalty. 
 
 4. When lawful to establish hos- 
 
 pital for sick within limits of 
 direct taxation : proviso : pub- 
 lic notice to be given. 
 
 5. Penalty for violating foregoing 
 
 section : notice from Mayor or 
 Board of Health. 
 
 MARYLAND HOSPITAL AND INSANE 
 
 ASYLUMS. 
 
 6. When indigent lunatics to be 
 
 sent from Bayview Asylum to 
 Maryland Hospital : proviso. 
 
 7. Permit to send indigent insane 
 
 citizen to Maryland Hospital 
 or other insane asylum in State: 
 liability of Mayor and City 
 Council : renewal of permit. 
 
 8. Treatment : list of persons sent : 
 
 report to Mayor and City Coun- 
 cil. 
 
 9. Disposition of the dead : when 
 
 buried by hospital. 
 
 10. Compensation to hospital. 
 
 HOSPITALS OF WASHINGTON UNIVER- 
 SITY AND UNIVERSITY OF MARY- 
 LAND AND DISPENSARIES. 
 
 11. What indigent sick, &c., to be 
 
 taken or sent to hospitals of 
 Washington University or Uni- 
 versity of Maryland : proviso. 
 
 12. Duties of professors, physicians 
 
 and surgeons : lists of persons 
 sent to hospitals: report to 
 trustees of poor. 
 
 13. Disposition of the dead : when 
 
 delivered to Health Commis- 
 sioner. 
 
 14. Payment by Register of account 
 
 approved by president of board 
 of trustees of poor. 
 
 15. Visitors of universities. 
 
 16. When universities excluded from 
 
 benefit of this ordinance. 
 
 17. Medicines from dispensaries to 
 
 indigent sick: provisos: 
 amounts in excess of appro- 
 priations. 
 
t 
 
 Hospitals. 445 
 
 Article XXV.— Statutes. 
 
 STATUTES . 
 
 1. The Mayor and City Council may erect or establish p. l. l., »rt. 4, 
 houses of correction, hospitals or pest houses, within or House, of cor- 
 
 '■ * rection, huspi- 
 
 without the city, if necessary, and pass all ordinances for Ji'^«'P^'*'»'°"^«« 
 the government of the same. 
 
 MARYLAND HOSPITAL FOR THE INSANE.* 
 
 2. The board of managers shall provide accommodation i876,c. ssi.s. 9. 
 for at least two hundred and fifty pauper lunatics of this Pauper lunatics. 
 State, who may be sent to the Maryland Hospital for the 
 
 Insane, for curative treatment, which number shall be from 
 
 * The Maryland Hospital was removed from Baltimore City to Spring 
 Grove, in Baltimore County, and built and established on its present site by 
 the authority and direction of the State under the acts of 1870, c. 208 ; 1872, c 
 236 ; 1876, c. 263, and 1878, c. 341. By the latter act the Board of Managers 
 of the Maryland Hospital for the Insane, as such corporation, is declared to 
 be a public agency of this State for the administration of one of tlie char- 
 ities thereof; and the hospital aforesaid, located as aforesaid, is declared to 
 be one of the means adopted by this State for the administration of one of 
 its public charities. 
 
 The Maryland Hospital agreed with F., in consideration of $1,200, to 
 support his sister, then a lunatic patient in the institution, for the remainder 
 of her life. The money was paid. F. also fully paid for the support of his 
 sister to July 1, 1863, and the sum paid in commutation relieved him from 
 that date from any further charge in the future for her support. The lunatic 
 died August 12, 1864. Subsequently F. sued the hospital to recover back 
 the sum he had paid under the contract, less the necessary expenses incurred 
 in the support of his sister from July 1, 1863, to August 12, 1864. Held : 1. 
 That the hospital had no power under its charter to make this contract with 
 F. : it was nltra vires, not binding on the corporation, and could not have 
 been enforced in favor of F. 2. That the contract was neither malum in se 
 nor malum prohibitum, and the parties to it were not in pari delicto and F. 
 was entitled to recover the sum paid by him, less the amount properly 
 chargeable as a fair and reasonable allowance for the care and keeping of 
 his sister during the period which intervened between June 30, 1863, and 
 August 12, 1864. Corporations are limited to the exercise of such powers 
 as are expressly granted by law, and such as are necessary and usual in the 
 course of their business, to enable them to attain the purposes of their crea- 
 tion. Maryland Hospital v. Foreman, 29 Md. 524. 
 
446 Hospitals. 
 
 Article XXV. — Ordinances. 
 
 time to time apportioned by them among the several counties, 
 and the city of Baltimore, according to their respective 
 populations, as ascertained by the last preceding census. 
 
 Ibid, 8. 11. 3. The judges of the Circuit Court of the several counties, 
 
 Quota from city, and the Criminal Court of Baltimore, in accordance 
 with the provisions of the Code, are hereby authorized to 
 send from time to time to the said hospital, pauper lunatics 
 of this State, to the number to which the respective counties 
 and city of Baltimore shall respectively be entitled under 
 the aforegoing section. 
 
 ORDINANCES. 
 
 No.7B,s.i,June 1. It shall uot bc lawful for any person or persons to 
 Insane asylums crcct Or build, Or causc to be erected or built, any lunatic or 
 
 not to be erected , •.i-.tt- n t 
 
 within limits of insane asylum within the limits oi direct taxation. 
 
 direct taxation. 
 
 Ibid, s. 2. 2. No building already erected, within the limits of direct 
 
 Buildings ai- taxatiou, shall be used as an insane asylum, or for the pur- 
 ready erected. f, . . . 
 
 pose 01 containing insane persons. 
 
 Ibid, 8.3. 3' Any person or persons offending against the provis- 
 
 penaity. ^^^^ ^f the two prcccdiug sections shall forfeit and pay the 
 
 sum of one hundred dollars for every such offence, and the 
 
 further sum of one hundred dollars a day for every day they 
 
 shall permit any building to be used for such purpose. 
 
 No. .% Feb. 21, 4. It shall not be lawful to establish any hospital for the 
 When lawful to sick, within the limits of direct taxation, unless by and with 
 taiforskk'wiFh- the asscut of the Mayor and City Council of Baltimore ; 
 
 in limits of di- • t i -i -i n -i ini • it 
 
 rect taxatioB. providcd, that bcforc such assent shall be given, public notice 
 
 Proviso. shall be given of an intention to apply to the City Council 
 
 for such grant, which public notice shall be given at least 
 
Hospitals. 447 
 
 Article XXV. — Ordinances. 
 
 thirty days before the City Council shall act upon the appli- PubHc notice to 
 
 be given. 
 
 cation, and published at least once a week for four weeks in 
 not less than two of the daily newspapers of the city.* 
 
 5. If any hospital for the sick, as aforesaid, shall be es- iwa, s. 2. 
 tablished in violation of the foregoing section, the party or Penalty f( 
 parties so establishing the same or who may be conducting ingsectioi 
 it shall be fined the sum of fifty dollars for each and every 
 
 *JoiiN8 Hopkins Hospital.— Tlie Act of 1872, c. 343, enacts : 
 Tiiat the ordinance [No 114] of the City Council of Baltimore, approved 
 on the twenty-fourth day of June, eighteen liundred and seventy-one, en- 
 titled " An ordinance to condemn and close McElderry street, between Reg- 
 ister and Wolfe streets, and Ann street, between Jefferson and Monument 
 streets, and all streets, lanes or alleys comprised within the whole grounds, 
 bounded on the north by Monument street, on the south by Jefferson street, 
 on the east by Wolfe street, and on the west by Register street," is hereby 
 approved and confirmed, and the said streets closed by said ordinance shall 
 remain closed so long as the property included in the said bounds shall be 
 used for the purpose of a hospital. 
 
 The Act of 1864, c. 291, enacts that : 
 
 The Johns Hopkins Hospital, a corporation incorporated by certificate 
 duly recorded in the office of the clerk of the Superior Court of Baltimore 
 City, is in accordance with the wishes of the late Johns Hopkins, of Balti- 
 more county, deceased, duly expressed in his last will and testament and in 
 his letter to the trustees of said hospital, hereby authorized to purchase and 
 hold such tract or tracts of land in this State, as it may require for the build- 
 ing of a house or houses for the reception and care of convalescent patients 
 from the said hospital, and to purchase and hold such tract or tracts of land, 
 as it may require lor the building of a house or houses for the reception, 
 education and care of orphaned colored children, not exceeding for both of 
 the said particular purposes three hundred acres of land, and to erect on 
 the same all buildings necessary for the said purposes, and to govern the said 
 respective establishments in such manner that the true intent of the founder 
 of said hospital may be carried into full effect. 
 
 By resolution No. 23, Jan. 27, 1874, the Commissioners of Finance were 
 authorized and requested to act as a committee, to contract and make the 
 necessary arrangements for a monumental statue of the late Johns Hopkins, 
 with suitable pedestal and inscription, to be erected in the public square on 
 Broadway, between McElderry and Monument streets, in view of the Johns 
 Hopkins Hospital, the cost of the same to be provided for in the tax levy, on 
 notice of its near completion. 
 
448 Hospitals. 
 
 Article XXV. — Ordinances. 
 
 day it is permitted to remain as such, after having received 
 Notice from notice of tcii davs from the Mayor or Board of Health to 
 
 Mayor or Board 
 
 of health. discontinue it. 
 
 MARYLAND HOSPITAL AND INSANE ASYLUMS. 
 
 No. 14, Mar. 22, 6, The trustces of Bay View Asylum shall cause monthly 
 When indigent cxamiuations of all insane patients in that institution to be 
 
 lunatics to be 
 
 sent from Bay- made by the physician in charsre, and shall from time to 
 
 view Asylum to ./ i. ./ o ^ 
 
 ^ra?'*""* "°^' *^°^® transfer to the Maryland Hospital such indigent luna- 
 tics as in the judgment of said physicians will most probably 
 
 Proviso. be benefited by curative treatment ; provided, the number 
 
 thus transferred shall not exceed the legal quota under the 
 Act of 1870, c. 351, s. 9, (section 2, statutes, of this 
 article.)* 
 
 No. 87, 8. 1, May 7. Thc Mayor of the City, the Commissioner of 
 Permit to send Health and the President of the Board of Trustees of the 
 
 indigent insane •!/-. i ii I'li 
 
 citieens to Mary- Foor, or cithcr 01 them, are hereby authorized and empow- 
 
 land Hospital or ' t j r 
 
 other insane ercd, upou a propcrly authenticated certificate of two com- 
 
 asylum in State. ^ r i t J 
 
 petent physicians, to issue a permit in behalf of any indigent 
 insane citizen of the city of Baltimore, suffering with an 
 acute or curable form of mania, under which permit such 
 person may be taken to the Maryland Hospital at Spring 
 Grove, in Baltimore county, or any other insane hospital in 
 the State of Maryland, that the said party's next friend may 
 determine ; and the officers of the said hospital, on receipt 
 of such permit, are hereby authorized to receive such person 
 on account of the Mayor and City Council of Baltimore : 
 
 * Tliis ordinance recites tliat : the General Assembly of Maryland at its 
 session of 1876, passed an act providing for the accommodation of two hun- 
 dred and fifty pauper lunatics of the State in the Maryland Hospital for the 
 Insane, to be apportioned among the several counties and the city of Balti- 
 more according to their respective populations, and that, in the apportion- 
 ment of the capacity of the hospital, the quota of indigent insane patients 
 allowed from the city of Baltimore is ninety-seven. 
 
Hospitals. 449 
 
 Article XXV. — Ordinances. 
 
 Provided, that the said Mayor and City Council shall not be Liability of 
 
 Til 1 1 •if 1 -11 Mayor and City 
 
 liable, under any such permit, tor a longer period than one council. 
 
 year from its date ; provided, further, that such permit may 
 
 be renewed from year to year, when, in the judgment of any Renewal of per- 
 
 one of the officers named in this section, such renewal would 
 
 be necessary and proper. 
 
 8. It shall be the duty of the officers of said hospital, or ibid.s. 2. 
 hospitals, to whicli said person may be sent, to properly Treatment, 
 maintain and treat the persons so sent to their institution, 
 
 on permit as aforesaid; and also to keep separate lists ofust of person* 
 
 sent. 
 
 all persons sent to said hospital under the provisions of this 
 ordinance ; and the said officers shall report in writing to ReporttoMayor 
 
 and City Coun- 
 
 the Mayor and City Council, at least quarterly, the number, <="• 
 name, age and sex of persons received and treated by them 
 as aforesaid, the form of mania, the' result of treatment in 
 each case, and any other information they may deem inter- 
 esting or important in connection therewith. 
 
 9. If any persons sent or taken to the said hospital under iwd, s. 3. 
 the provisions of this ordinance shall die while inmates Disposition of 
 
 dead bodies. 
 
 thereof, tlieir bodies shall be delivered to any relatives or 
 friends who may within twelve hours after their decease de- 
 mand the same for interment ; and if not claimed in that 
 time by relatives or friends the same shall be properly buried when buried 
 
 •^ , ^ . . byhospiul. 
 
 under the direction of the officers of said hospital, and the 
 City Register shall pay therefor a sum not exceeding eight 
 dollars for every body so interred, upon the certificate of the 
 president of the institution countersigned by the Commis- 
 sioner of Health. 
 
 10. The officers of said hospital shall receive compen- ibid,3.4. 
 sation at the rate of two hundred dollars per anmcfrij for compensi 
 
 to hospfta 
 
 each person so received, maintained and treated by them, 
 which shall be paid monthly on the warrant of the City 
 
450 Hospitals. 
 
 Article XXV. — Ordinances. 
 
 Comptroller, issued upon the certificate of the Health Com- 
 missioner. 
 
 HOSPITALS OF WASHINGTON UNIVERSITY AND UNIVERSITY 
 OF MARYLAND AND DISPENSARIES. 
 
 No 63,8. i,Api. 11. The President of the Board of Trustees of Bayview 
 
 28, '76. 
 
 What indigent Asjlum, or any member of said board, and the police mag- 
 
 fms^uaTs'^of" '° istrates of the several station houses, may, by order in writ- 
 
 unTversfty°and ^^S} dircct any indigent sick or disabled persons of the city 
 
 aiaryiaiidf " of Baltimore, who are not in condition to be sent to Bayview 
 
 Asylum, and who are entitled to relief under this ordinance, 
 
 to be sent or taken, with their consent, to the hospitals of 
 
 the Washington University and University of Maryland for 
 
 medical and surgical treatment by the professors of said 
 
 Proviso. universities at any'time during each year, provided not more 
 
 than twenty-five persons shall be in each hospital at any one 
 
 time. 
 
 Ibid, s. 2. 12. It shall be the duty of the professors of said univer- 
 
 Dutiesofprofes- sities and the physicians and surgeons of said hospitals re- 
 
 sors, physicians . , . . , ' 
 
 and surgeons, spcctivcly to reccivc and properly maintain and treat the 
 persons so sent to their hospitals by order in writing from 
 the persons authorized by this ordinance to send them, so 
 long as such persons in the opinion of the Board of Trustees 
 of Bayview Asylum, may be entitled to relief, and require 
 it ; said opinion of the Board of Trustees of Bayview 
 Asylum in regard to the dismissal or removal from said in- 
 stitution shall not be exercised without consulting with the 
 
 List of persons resident physicians of said hospitals, and they shall also keep 
 
 sent. . , . . 
 
 lists of all persons sent to said hospitals, under the provisions 
 
 of this ordinance, in which shall be stated the names of the 
 
 persons, their residences, and the diseases treated by them ; 
 
 Report toTrus-and they shall report in writing to the Trustees of the Poor, 
 
 tees of Poor. iii -in •iii 
 
 at least monthly, the number oi persons received by them as 
 aforesaid,' and for what diseases. 
 
Hospitals. 451 
 
 Article XXV. — Ordinances. 
 
 13. If any person sent or taken to either of the hospitals iwd.s.s. 
 named in this ordinance shall die under the charge of the Disposition of 
 
 the dead. 
 
 authorities thereof, the body shall be delivered to any re- 
 lative or friend of the deceased who may within twenty-four 
 hours after death demand the same for interment, and if not 
 claimed within that time by relatives or friends, the same when delivered 
 
 . . /> TT 1 1 1 • '° Health Com- 
 
 shall be delivered to the Commissioner of Health to be in- missioner. 
 terred according to the provisions of Article XXIII of this 
 Code. [p. 406 ante.] 
 
 14. The authorities of said hospitals shall receive asiwd, s. 4. 
 compensation three dollars and twenty-five cents per week compensation to 
 for each person so received, maintained and treated by them, 
 
 and the Comptroller shall issue his warrant to the Register 
 for the payment of such compensation, upon the presentation 
 to him of the account endorsed as correct by the President 
 of the Board of Trustees of the Poor. 
 
 15. It shall be the duty of the ji resident or some mem- ibid, s. 5. 
 ber of the Board of Trustees of the Poor to visit the said visitors of uni- 
 
 . . versities. 
 
 universities at least once a month, to inform themselves in 
 reference to the condition of those sent there under the au- 
 thority of this ordinance. 
 
 16. If at any time the authorities of either of said hospi- iwd, s. 6. 
 tals shall violate the provisions of this ordinance, they shall whenhospitau 
 
 excluded from 
 
 thenceforth bo excluded from the benefit of the same. benefit of this 
 
 law. 
 
 17. The Mayor of the City is hereby authorized and em- No.6B,s.ii,juno 
 powered, under the advice of the City Solicitor, to contract Medicines to in- 
 
 . -V, ., „ -P, , . digent sick from 
 
 for and on behalf of the Mayor and City Council of Balti- dispensaries, 
 more, with the Baltimore General Dispensary, the Baltimore 
 Special Dispensary, the North Eastern Dispensary, the 
 Eastern Dispensary, the Southern Dispensary, the North 
 Western Dispensary, the Central Free Dispensary and the 
 Dispensaries attached to the University of Maryland and 
 
452 Hospitals. 
 
 Article XXV. — Ordinances. 
 
 the Washington University, for supplying medicines to the 
 indigent sick of the city of Baltimore during any one 
 year, on such terms as may in his judgment be judicious ; 
 
 Provisos. provided, however, that the stipulations as to the hours and 
 
 rules of such service shall be made to apply alike to all of 
 said dispensaries with which such contracts shall be entered 
 into ; and provided further, that each contract shall contain 
 a stipulation that the Mayor and City Council shall incur no 
 
 Amounts in ex- obligation thcrefrom for any amount not provided for, or in 
 
 cess of appiopri- ... , . . 
 
 ations. exccss of the appropriation in any general appropriation 
 
 ordinance for any year made for carrying out the same. 
 
 Note of. Acts relating to Hospitals and Asylums. — 1868, c. 246, is 
 an act to aid in the establishment of a hospital in connection with the 
 Washington University of Baltimore. 
 
 The act of 1870, c. 16, repeals and re-enacts the third section of the act of 
 1868, c. 246 ; 1870, c. 126, and 1872, chs. 30 and 99, enlarge the corporate 
 powers of Washington University ; and 1874, c. 266, provides for the free 
 education in said university of one student from each legislative district of 
 the State. The act of 1874, c. 324, appropriates sums of money to enable 
 the Faculty of Physic of the University of Maryland to build a hospital, 
 and the College of Physicians and Surgeons of Baltimore to establish a 
 lying-in hospital for benefit of indigent women of the State and the city, 
 free of charge, and to educate one student for each legislative district of the 
 city, and one student from each county, free of charge. 
 
 By the act of 1878, c. 174, the Washington University of Baltimore and 
 the College of Physicians and Surgeons of Baltimore city were united and 
 merged, and shall henceforth constitute and form one body corporate, under 
 the name and style of " College of Physicians and Surgeons of Baltimore 
 city." 
 
 The Maryland Inebriate Asylum was incorporated by act of 1860, c. 386, 
 and forms Art. XL VI, of Code of Public General Laws of 1860. 
 
 The Maryland Insane Asylum was incorporated by acts of 1852, c. 302 : 
 1860, c. 264 ; 1862, c. 234 ; 1864, c. 213 and c. 248, and 1868, c. 117. 
 
 1868, c. 264, entitled an act to authorize the commissioners of the Insane 
 Hospital at Catonsvillc to receive inebriates as patients until the hospital for 
 inebriates proper shall be completed, enacts that the commissioners of the 
 Insane Hospital at Catonsville are authorized to receive inebriates as patients 
 in said hospital, subject to the same charges and conditions as other patients, 
 until the hospital tor inebriates proper shall be completed. 
 
Hospitals. 453 
 
 Article XXV. — Ordinances. 
 
 1868, c. 437, entitled an act to authorize and empower the president and 
 directors of the Maryland Insane Asylum to convey certain land to the 
 Maryland Inebriate Asylum for the uses of said institution, enacts that the 
 president and directors of the Maryland Insane Asylum are authorized and 
 empowered to grant and convey unto the Maryland Inebriate Asylum, for 
 the proper uses of said institution, and the erection thereon of a suitable 
 building or buildings, such portion of the farm now owned by the Maryland 
 Insane Asylum, not exceeding fifty acres, as may in their judgment be 
 spared witfiout injury to the interests of said asylum. 
 
 The Sheppard Asylum was incorporated by the acts of 1853, c. 274, and 
 1858, c. 41. 
 
454 
 
 Houses of Refuge and Reformation. 
 
 Article XXVI. 
 
 ARTICLE XXVI. 
 
 HOUSES OF REFUGE AND REFORMATION. 
 
 STATUTES. 
 
 HOUSE OF RKFUGE. 
 
 1. Managers: quorum. 
 
 2. Power to make by-laws, &c. 
 
 3. To report to General Assembly, 
 
 and what. 
 
 4. Managers to provide buildings: 
 
 regulations. 
 
 5. White male children. 
 
 6. Employment and instruction of 
 
 children. 
 
 7. Power to bind them as appren- 
 
 tices, and how. 
 
 8. Who to be committed to House 
 
 of Refuge, and how. 
 
 9. When vagrants committed, 
 
 names of witnesses, and sub- 
 stance of testimony to be an- 
 nexed to commitment. 
 
 10. White male minors convicted of 
 
 felony may be committed, and 
 when: proviso. 
 
 11. House of Refuge exclusively for 
 
 male minors. 
 
 12. Appropriations by Mayor and 
 
 City Council authorized to 
 House of Refuge, St. Mary's In- 
 dustrial School and Boys' Home 
 house of repokmation and in- 
 struction FOR COLORED 
 CHILDREN. 
 
 13. Managers: quorum. 
 
 14. By-laws: officers: duties. 
 
 15. Report to General Assembly. 
 
 16. Building: regulations. 
 
 17. What colored children to be in- 
 
 mates. 
 
 18. Employment and instruction of 
 
 children. 
 
 19. Power to bind out as apprenti- 
 
 ces, and how. 
 
 20. Manner of receiving inmates. 
 
 21. Duty of committing justice : of 
 
 clerk of court. 
 
 22. Commitment of colored minors 
 
 convicted of felony: proviso: 
 transfers from counties. 
 
 INDUSTRIAL SCHOOL FOR GIRLS. 
 
 23. Thirty directors: five to be ap- 
 
 pointed by Mayor : with con- 
 sent of Council : quorum. 
 
 24. Powers and duties. 
 
 INDUSTRIAL SCHOOL FOR BOYS. 
 
 25. Powers : white boys. 
 
 26. Baltimore city represented in 
 
 board of trustees. 
 
 27. By-laws, ordinances and regula- 
 
 tions. 
 
 HOUSE OP THE GOOD SHEPHERD. 
 
 28. Refuge for white females under 
 
 eighteen. 
 
 29. How to be committed. 
 
 30. When to be committed. 
 
 31. Power to bind out as apprentices 
 
Houses of Kefuge and Reformation. 
 
 455 
 
 Article XXVI.— Statutes. 
 
 33. Instruction of females com- 
 mitted : rules and regulations. 
 
 33. Females committed by Criminal 
 
 Court, &c. : term of commit- 
 ment: proviso: discharge of 
 reformed females. 
 
 34. Procedure: proviso: trial by 
 
 jury. 
 
 35. 
 
 36. 
 
 Report to Governor : appropria- 
 tions. 
 
 Visitation and inspection by 
 judge of the Criminal Court, 
 president of Board of Police 
 Commissioners and Marshal 
 of Police. 
 
 ORDINANCES 
 
 1. Police to aid in arrest of boys 
 
 escapng from the House of 
 Refuge. 
 
 2. Care and maintenance of Balti- 
 
 more boys in House of Refuge, 
 St. Mary's Industrial School 
 
 and House of Reformation and 
 Instruction for Colored Chil- 
 dren : provisos : amount in ex- 
 cess of appropriations: com- 
 mitments by courts. 
 
 STATUTES 
 
 HOUSE OF REFUGE. 
 
 1. The estate and concerns of the House of Refuge shall ws, c. m.s. 
 be managed and conducted by fifteen managers, of whom Managers, 
 five sliall be elected by members of the association, and five 
 appointed by the Mayor and City Council of Baltimore, and 
 
 five shall be appointed by the Governor, by and with the 
 consent of the Senate, in the month of February, annually ; 
 seven of which managers shall constitute a quorum, for 
 the transaction of business. 
 
 2. Said managers may from time to time make such by- p. o. l., art.78, 
 laws, ordinances and regulations, relative to the manage- Power to make 
 ment, government, instruction, discipline, employment and 
 disposition of the minors in the House of Refuge, not con- 
 trary to law, as they may deem proper, and may appoint 
 
 such officers, agents and servants, as they may deem neces- 
 sary to transact the business of the said corporation, and may 
 designate their duties. 
 
456 Houses of Refuge and Reformation. 
 
 Article XXVI.— Statutes, 
 
 Ibid, sec. 10. 3. They shall make a report to the General Assembly at 
 
 To report to Gen- cach reffular session thereof, of the number of minors re- 
 
 •ral Assembly, 
 
 and what. ceived by them into the House of Refuge, the disposition 
 which shall be made of such minors, by instructing or em- 
 ploying them therein, or by binding them out as apprenti- 
 ces ; the receipts and expenditures of said managers, and 
 generally all such facts and particulars as may tend to ex- 
 hibit the effects, whether beneficial or otherwise, of the said 
 association. 
 
 Ibid, sec. 12. 4. The Board of Managers shall provide a suitable build- 
 
 Managers to pro- in g in the city or county of Baltimore,* and establish such 
 
 vide buildings; , . . . 
 
 regulations. regulations respecting the religious and moral education, 
 training, employment, discipline and sa*'e keeping of its 
 inhabitants, as may be deemed expedient and proper. 
 
 1872, c. 218. 5. The Board of Managers shall have power in their dis- 
 
 whitemaie crction to take into said house all such white male children 
 
 children. i n i i i • i i 
 
 as shall be taken up and committed as street beggars or 
 vagrants, or shall be convicted of criminal offences, or as 
 hereinafter provided for in the case of application of parents 
 or guardians. 
 
 P.O. L., art. 78, 6. They shall have power to place the children commit- 
 Empioyment tcd to their carc, during the minority of such children, at 
 
 and instruction . . i • i 
 
 of children. such employments, and cause them to be instructed in such 
 branches of useful knowledge, as may be suited to their 
 years and capacities. 
 
 1872, c. 218, 7. The managers of the House of Refuge shall have 
 
 Power to bind powcr to bind out the white male children committed to 
 
 them out as ap- . • i i j p i i m i 
 
 prentices and their carc. With the consent ot such children, as appren- 
 
 how. ' . . . 
 
 tices during their minority, that is to say, until the age of 
 twenty-one years, to such persons and places, whether in or 
 
 * The comer stone of the House of Refuge was laid in 1851, in Baltimore 
 county, near the Frederick road, three miles from the city. 
 
Houses of Refuge and Reformation. 457 
 
 Article XXVI.— Statutes. 
 
 out of this State, and to learn such proper trades or employ- 
 ments as in the judgment of the said managers will be most 
 conducive to the reformation and the future benefit and ad- 
 vantage of such children, and the indentures by which said 
 children shall be bound shall contain the covenants, and 
 shall be recorded as prescribed by article sixth of P. G. L., 
 and all the provisions of the said article in relation to white 
 apprentices, shall apply to apprentices bound under this 
 section. 
 
 8. The manner of receiving inmates into the House of iHTa.ciis. 
 Refuge shall be in either of the following modes, namely: Manner of re- 
 
 . , • . . ceivlug inmates. 
 
 first, white male minors may be committed by a justice of jirst riass. 
 the peace for any of the counties or city of Baltimore, on 
 complaint and due proof made to him by the parent, guar- 
 dian or next friend of such minor, that by reason of incor- 
 rigible or vicious conduct, such minor has rendered his 
 control beyond the power of such parent, guardian or next 
 friend, 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 under the 
 guardianship of the House of Refuge. Second, white male second cUss. 
 minors may be committed by the authority aforesaid, when 
 complaint and due proof have been made that such minor 
 is a proper subject for the guardianship of the House of 
 Refuge, in consequence of vagrancy, or of incorrigible or 
 vicious conduct, and that from the moral depravity, or 
 otherwise of the parent, guardian or next friend, in whose 
 custody such minor may be, such parent, guardian or next 
 friend is incapable or unwilling to exercise the proper care 
 and discipline over such incorrigible or vicious minor. 
 Third, such white male children as their parents, guardians Third cuss. 
 or friends may desire to place therein for temporary restraint 
 and discipline, and where parents, guardians or friends shall 
 agree and contract with the managers for their support and 
 
468 Houses of Hefuqe and Reformation. 
 
 Article XXVI.— Statutes. 
 
 Fourth class, maintenance ; and fourth, white male minors committed by 
 the several courts in this State as provided in this article. 
 
 sec.'bo." ■ ' 9. It shall be the duty of the justice of the peace, when 
 When vagrants committiufiT a vaffraut or incorrigible or vicious minor under 
 
 committed, <-< ." c 
 
 SeSes tLlsnh. *^^^ article, in addition to the commitment, to annex the 
 
 raon^toVe an" namcs and residences of the different witnesses examined 
 
 mitment. " bcfore him, and the substance of the testimony given by 
 
 them respectively, on which the adjudication was founded, 
 
 and the same duty shall be performed by the clerk of any 
 
 court, the judge whereof shall make such commitment.* 
 
 * The Court of Appeals, in Eotli, v. Houne of Refuge, 31 Md. 330 held : that, 
 in regard to the power of a justice of the peace to c«ramit, and of the managers 
 of the House of Refuge to detain minors, charged as and proved to be per- 
 sons of incorrigible or vicious conduct, so that their control is beyond 
 the power of parent, guardian or next friend, they are clear in the 
 opinion that the power conferred upon the justice of the peace, as also that 
 conferred upon the managers of the House of Refuge, is in no wise in con- 
 flict with the Declaration of Rights, or the Constitution of this State : and 
 that they fully concur in the reason and judgment of the Supreme Court of 
 Pennsylvania in disposing of a similar question, in the case of Ex parte 
 Crouse, 4 Whart. 9. See Hinkley, exr. v. House of Refuge, 40 Md. 461, for 
 construction of a will leaving a legacy to this institution. 
 
 In re Juib. corp. Walker's case in City Court, Nov. 9, 1873, before Brown, 
 C. J. It was contended that the commitment of Walker was illegal, because 
 the justice had not complied with the sections relating to vagrants, being 
 Art. LII of this Code, but the Court held, that these sections did not apply to 
 the case of minors committed as vagrants to the House of Refuge, and that 
 the commitment was legal, if it complied with the law relating to the latter. 
 The commitment on its face set forth that the justice had been satisfied by 
 proof of the vagrancy of the boy, and in compliance with the law the justice 
 annexed to the commitment a statement of the substance of the testimony on 
 which the commitment was made, and names and residences of witnesses : this 
 testimony showed the viciousness of the boy, but did not fully establish his 
 vagrancy. Held : that while the justice was required to annex the sub- 
 stance of the testimony, his failure to insert proof establishing vagrancy 
 did not vitiate the commitment which on its face declared that sufficient 
 testimony on the subject had been produced, and that this provision about 
 substance of testimony was merely directory ; the important point being that 
 the justice was satisfied of the vagrancy and the propriety of committing to 
 the House of Refuge. 
 
Houses of Refuge and Rkfoemation. 459 
 
 Article XXVI.— Statutes. 
 
 10. Whenever any white male minors, under the age of i873,c. ais. 
 
 sixteen years, shall be convicted of felony in any court of white maie mi- 
 nors convicted 
 
 this State, the iudge of said court, in his discretion, and with °f '^'■'"."y I" ^. 
 
 ? J o 7 1 conimittetl aud 
 
 reference to the character of the House of Refuge as a place ^''*"- 
 of reform and not of piinishment, may order said minor so 
 convicted to be removed to, and confined in, the said House 
 of Refuge; provided, that in all cases no such transfer of Proviso, 
 any such minor from the counties shall be made until due Transfers from 
 
 . . , ^ counties. 
 
 notice has been given to the superintendent of said House 
 of Refuge, and an answer received from him that there is 
 room in the House of Refuge for the reception of such de- 
 linquent. 
 
 11. The House of Refnge shall be exclusively charged i87a,c. sis. 
 with the reformation and care of male minors. "XX'e^y^'io? 
 
 male minors. 
 
 12. The Mayor and City Council of Baltimore are au- 1878, c 207. 
 thprized and empowered to appropriate annually towards Appropriations 
 
 • _ by Mayor and 
 
 the current expenses of the House of Refuge and St. Mary's city council 
 
 ' o .< authorized to 
 
 Industrial Scliool, any sum or sums of money not exceeding u"p"''st'^M"rv's 
 twenty-five thousand dollars per annum, and to the Boys' schoou'and 
 Home Society of Baltimore City the sum of five thousand society."™* 
 dollars annually ; and the said Mayor and City Council are 
 further authorized and empowered to appropriate for repairs, 
 permanent improvements and additions to the buildings now 
 occupied and used by the House of Refuge, such additional 
 sum or sums of money as in their judgment shall, from time 
 to time, be required for these purposes. 
 
 HOUSE OF REFORMATION AND INSTRUCTION FOR COLORED 
 
 CHILDREN. 
 
 13. The estate and concerns of the House of Reforma- 1870,0.392,3.3. 
 tion and Instruction for Colored Children shall be managed Managers. 
 and conducted by sixteen managers, of whom twelve shall 
 
 be elected by members of the association, and two appoint- 
 
4.60 
 
 Houses of Refuge and Reformation. 
 
 Article XXVI.— Statutes. 
 
 Two to heap- ed Lv the Mayor and City Council of Baltimore, and two 
 
 pointed by *^ "^ •' ' 
 
 co^uncir"^ t^i'y shall be appointed by the Governor, in the month of Feb- 
 ibid, s. 7. ruary annually ; five of which managers shall constitute a 
 Quorum. quoFum for the transaction of business. 
 
 Ibid, s. 9. 14. They may from time to time make such by-laws, or- 
 
 By-iaws. dinauccs and regulations, relative to the management, gov- 
 
 ernment, instruction, discipline, employment and disposi- 
 tion of the minors in the House of Reformation and Instruc- 
 tion, not contrary to law, as they may deem proper, and 
 Officers. may appoint such officers, agents and servants, as they may 
 
 Duties. deem necessary to transact the business of the said corpora- 
 
 tion, and may designate their duties. 
 
 Ibid, s. 10 15. They shall make a report to the General Assembly 
 
 Report to Gen- at oach regular session thereof, of the number of minors re- 
 
 eral Assembly. • i i i • ^ rr i^ • t t 
 
 ceived by them into the House of Reformation and Instruc- 
 tion, the disposition which shall be made of such minors, 
 by instructing or employing them therein, or by binding them 
 out as apprentices ; the receipts and expenditures of said 
 managers, and generally, all such facts and particulars as 
 may tend to exhibit the effects, whether beneficial or other- 
 wise, of the said association. 
 
 Ibid, 8. 12. 
 
 Building. 
 
 Regulations. 
 
 Ibid, s. is. 
 
 What colored 
 children to be 
 inmates. 
 
 16. The board of managers shall provide a suitable 
 building in any part of the State of Maryland, and establish 
 such regulations respecting the religious and moral educa- 
 tion, training, employment, discipline and safe-keeping of 
 its inhabitants, as may be deemed expedient and proper. 
 
 17. The board of managers shall have power, in their 
 discretion, to take into said house all such colored children 
 as shall be taken up and committed as street beggars or 
 vagrants, or shall be convicted of criminal offences, or as 
 hereinafter provided for, in the case of application of parents 
 or guardians. 
 
Houses of Refuge and Reformation. 461 
 
 Article XXVI.— Statutes. 
 
 18. They shall have power to place the children commit- ibid,». i6. 
 ted to their care during the minority of such children at Employment 
 
 ^ and instruction 
 
 such employments and cause them to be instructed in such °' children, 
 branches of useful knowledge as may be suited to their years 
 and capacities. 
 
 19. Tlie managers of the House of Reformation and In- iwd, 8. i7. 
 struction shall have power to bind out the children commit- Power to bind 
 
 *■ out as appreiiti- 
 
 ted to their care, with the consent of such children, as ap- ces, and how. 
 prentices during their minority — that is to say, males until 
 the age of twenty-one years, and females until the age 
 of eighteen years, to such persons and places, whether in 
 or out of this State, and to learn such proper trades or em- 
 ployments as in the judgment of the said managers will be 
 most conducive to the reformation and the future benefit 
 and advantage of such children ; and the indentures by 
 which such children shall be bound shall contain the cov- 
 enants and shall be recorded as prescribed by article sixth 
 of the Code of P. G. L., and all the provisions of the said 
 article in relation to white apprentices shall apply to ap- 
 prentices bound under this section. 
 
 20. The manner of receiving inmates into the House ofiwd, b. is. 
 Reformation and Instruction shall be in either of the follow- Manner of re- 
 
 ceivtng inmates. 
 
 ing modes, namely : First, colored minors may be committed First class, 
 by a justice of the peace for any of the counties, or the city 
 of Baltimore, on complaint and due proof made to him by 
 the parent, guardian or next friend of such minor, that by. 
 reason of incorrigible or vicious conduct such minor has 
 rendered his or her control beyond the power of such parent, 
 guardian or next friend, and made it manifestly requisite 
 that from regard to the morals and future welfare of such 
 minor and the peace and order of society, he or she should 
 be placed under the guardianship of the House of Reforma- 
 tion and Instruction. Second, colored minors may be com- second class. 
 
462 
 
 Houses of Kefuge and Refokmation. 
 
 Article XXVI.— Statutes. 
 
 mitted by the authority aforesaid, when complaiut and due 
 proof have been made that such minor is a proper subject 
 for the guardianship of the House of Reformation and In- 
 struction in consequence of vagrancy or of incorrigible or 
 vicious conduct, and that from the moral depravity or other- 
 wise of the parent, guardian or next friend, in whose custody 
 such minor may be, such parent, guardian or next friend is 
 incapable or unwilling to exercise the proper care and dis- 
 
 Third class. cipline ovcr such incorrigible or vicious minor. Third, such 
 children as their parents, guardians or friends may desire 
 to place therein for temporary restraint and discipline, and 
 whose parents, guardians or friends shall agree and contract 
 with the managers for their support and maintenance ; and 
 
 Fonrth class, fourth, minors committed by the several courts in this State, 
 as provided in this article.* 
 
 Ibid, 8. 20. 21. It shall be the duty of the justice of the peace when 
 
 Duty of commit- Committing a vagrant or iucorrigible or vicious minor under 
 
 ting justice. .,.,,.. 
 
 this article, in addition to the commitment to annex the 
 names and residences of the different witnesses examined 
 before him, and the substance of the testimony given by 
 them respectively, on which the adjudication was founded, 
 Of clerk of court and the same duty shall be performed by the clerk of any 
 court, the judge whereof shall make such commitment. 
 
 * Inre hob. corp. A. Robinson, Jr., Brown, C J., City Court, Jan. 8, 1874: 
 petitioner (fifteen years of age,) had been committed by the Circuit Court 
 for Frederick County to the House of Reformation and Instruction for 
 Colored Children for two years, and delivered to the sheriff for that purpose. 
 He claimed that the Court had no power to commit for two years, or any 
 definite time, but that he should have been committed during his minority : 
 Held by the Court, that the Circuit Court was empowered to commit the 
 petitioner to the said House of Reformation, that such a commitment would 
 have authorized it to detain the petitioner until he arrived at twenty -one, 
 which would be several years longer than said term, that the commitment 
 for two years did not render the sentence void and that this court could not 
 interfere in the matter. 
 
Houses of Refuge and Refokmation. 463 
 
 Article XXVI.— Statutes. 
 
 22. Whenever any colored njinor, under the age of sixteen iMd.s. ai. 
 years, shall be convicted of any felony in any court of this commitment of 
 
 •' ./././ colored inmates 
 
 State, the judge of said court, in his discretion, and with re- c°°victedoffei- 
 
 ference to the character of the House of Reformation and 
 
 Instruction as a place of sojourn, and not of punishment, may 
 
 order said minors so convicted to be removed to and confined 
 
 in the said House of Reformation and Instruction ; provided, proviso. 
 
 that in all cases no trausfor of any such minor from the coun- Transfers ftom 
 
 ., -ii • 1 counties. 
 
 ties shall be made until due notice lias been given to the super- 
 intendent of said House of Reformation and Instruction, and 
 an answer received from him, that there is room in the House 
 of Reformation and Instruction for the reception of such de- 
 linquent. 
 
 MARYLAND INDUSTRIAL SCHOOL FOR GIRLS. 
 
 23. The affairs of the Maryland Industrial School for Girls isbb, c. ise; 
 shall be managed by thirty directors, fifteen of whom shall be Thirty directors 
 chosen annually by the members, on the first Tuesday in Jan- 
 uary, and five of whom shall be appointed annually in the Five to be ap- 
 
 1.x 1 1 »» /• 1 /■•»• i> T> 1 • pointed bv the 
 
 month ot January by the Mayor of the (Jity oi lialtimore. Mayor with con- 
 
 •I -> -> ... sent of Council. 
 
 with the advice and consent of the Council of said city, and 
 ten of whom to be severally resident of some county in this 
 State, shall be appointed bi-ennially in the month of January, 
 by the Governor of the State, with the advice and consent of 
 the Senate ; and in case of failure to appoint or elect at the times 
 hereinbefore mentioned, they shall be appointed or elected as 
 soon thereafter as possible, and a special meeting of the mem- 
 bers may be called by the directors at any time after such 
 failure, for the purpose of a special election by them, and in 
 all cases the directors shall hold office until their successors are 
 appointed or elected ; and seven of said directors shall con- Quorum, 
 stitute a quorum, but vacancies shall be filled by the concur- 
 rent vote of not less than a majority of the whole number 
 remaining. 
 
464 
 
 Houses of Refuge and Reformation. 
 
 Article XXVI.— Statutes. 
 
 Ibid, 8. 10. 24. The directors of said institution shall have all the 
 
 Powers and du- Dowers, and fulfil all the duties heretofore had and fulfilled bv 
 
 ties. _ "> 
 
 the directors of the House of Refuge, as to female juvenile 
 delinquents.* 
 
 1874, c. 288. 
 Powers. 
 
 White boys. 
 
 Proviso. 
 
 Ibid, s. 3. 
 
 Baltimore city 
 represented in 
 board of trus- 
 tees. 
 
 Ibid, s. 5. 
 
 By-laws, ordi- 
 nances and 
 regulations. 
 
 ST. MARY'S INDUSTRIAL SCHOOL FOR BOYS. 
 
 25. St. Mary's Industrial School for Boys, of the City of 
 Baltimore, is empowered to receive in charge such orphan and 
 other destitute boys as may be committed to the charge of said 
 body corporate, and to bind out such boys until they shall 
 attain the age of twenty-one years, and any court or magistrate 
 of this State shall have power and authority, in the discretion 
 of the judge of such court or such magistrate, to commit to 
 the charge of said institution any destitute white boy, or any 
 white boy convicted before such court or magistrate of any 
 offence against any law or laws of this State ; provided, that 
 the parent or other guardian of said boy or boys shall request 
 that they be committed to the St. Mary's Industrial School ; 
 that in all such cases the board of managers shall have power, 
 in their discretion, to take into said institution all such white 
 boys under sixteen years of age as shall be taken up and com- 
 mited as street beggars or vagrants, shall be convicted of 
 criminal offences. 
 
 26. The Governor of the State and Mayor of the City of 
 Baltimore shall each appoint, every two years, three persons 
 to represent said State and city, respectively, in the board of 
 trustees of said institution. 
 
 27. The board of trustees may, from time to time, make 
 such by-laws, ordinances and regulations relative to the 
 management, government, instruction, discipline, employment 
 
 * The Act of 1866, c. 156, provided, that the provisions of the vagrant act, 
 [see Art. LII of this Code,] shall be applicable throughout the State to this 
 institution so far as its special purposes admit. 
 
I 
 
 Houses of Kefdge and Reformation. 465 
 
 Article XXVL— Statutes. 
 
 and disposition of the minors in said institution not contrary 
 to law, and establish such r<;gulation8 respecting the religi- 
 ous and moral education, training, employment, discipline and 
 safe-keeping of its inhabitants, as may be deemed expedient 
 and proper. 
 
 HOUSE OF THE GOOD SHEPHERD. 
 
 28. The House of the Good Shepherd of the City of Balti- i878.c.<42. 
 more, a body corporate, incorporated under the General Laws Refuee for white 
 
 •^ ' ' _ ^ _ females under 
 
 of this State relating to incorporations, is authorized to receive eighteen, 
 all such white females under the age of eighteen years as may 
 be committed to the corporation by their parents or guardians, 
 and the same to be retained within the refuge conducted by 
 said corporation until they reach the age of eighteen years, or 
 to bind them out as apprentices until they reach the said age, 
 as the directors of the said corporation may elect. 
 
 29. White females under the age of eighteen years may ibid, s. 2. 
 
 be committed to the said House of the Good Shepherd by aHowtobecom- 
 
 '■ ^ '' mitted. 
 
 justice of the peace for any of the counties, or the city of 
 Baltimore, on complaint and due proof made to him by the 
 parents, guardians or next friend of such minor, that, by reason 
 of incorrigible or vicious conduct, such minor has rendered her 
 control beyond the powers of such parents or guardian or next 
 friend, and made it manifestly requisite that from regard to 
 the morals and future welfare of such minor, and the peace 
 and order of society, she should be placed under the guardian- 
 ship of the House of the Good Shepherd. 
 
 30. White females under the age of eighteen years may be ibid, s. 3. 
 committed to the said House of the Good Shepherd by the wi.o to be com- 
 
 mitted. 
 
 authority aforesaid, when complaint and due proof have been 
 made that such minor is a proper subject for the guardianship 
 of the said corporation, in consequence of vagrancy, or of in- 
 corrigible or vicious conduct, and that from the moral deprav- 
 ity or otherwise of the parent, guardian, or next friend, in 
 
466 
 
 Houses of Refuge and Rbfobmatiok. 
 
 Article XXVI.— Statutes. 
 
 whose custody such minor may be, such parent, guardian or 
 next friend is incapable or unwilling to exercise the proper 
 care and discipline over such incorrigible or vicious minor. 
 
 Ibid, s. 4. 
 
 Power to bind 
 out as appren- 
 tices. 
 
 Ibid, s. 5. 
 
 31. Such corporation may have the power to bind out all 
 minors committed to their care, with the consent of such 
 minors, as apprentices during their minority, to such persons 
 and places, within or out of this State, and to learn such proper 
 trades or employments as in the judgment of such managers 
 will be most conducive to the reformation and the future ben- 
 efit and advantage of such children, and the indentures by 
 which children shall be bound shall contain the covenants, and 
 shall be recorded as prescribed by Art. VI of the Code of Pub- 
 lic General Laws, entitled Apprentices, and all the provisions 
 of the said article in relation to white apprentices shall apply 
 to apprentices bound under this section. 
 
 32. The directors of the said House of the Good Shepherd 
 Instruction of shall havc powcr to place all the females committed to their 
 
 females com- , , . - 
 
 mitted. care at such employment, and cause them to be instructed 
 
 such branches of useful knowledge, as may be suited to their 
 years and capacities ; and they shall have powcr to classify 
 the inmates of the refuge conducted by them, and to make all 
 
 Rules and regu- such useful rulcs and regulations as in their experience they 
 shall from time to time find necessary for the regulation and 
 government of the same. 
 
 Ibid, s. 6. 33. The said corporation shall have power to receive within 
 
 Females corn- the rcfugc couductcd by it all such females as may be com- 
 hi'ai Court, &c^' mitted to it by the Criminal Court of Baltimore City, the Cir- 
 cuit Court of any county, or any justice of the peace in the 
 State of Maryland, under the provisions hereinafter contained, 
 and the same to retain within the refuge for their several 
 terms of commitment ; provided, however, that the directors 
 of the said corporation may, at any time prior to the expira- 
 tion of her term of commitment, discharge and release any 
 
 Term of com- 
 mitment. 
 Proviso. 
 
 Discharge of 
 
 reformed 
 
 females. 
 
HOU8B8 OF Rkfugk AND Eefokmation. 467 
 
 Article XXVI.— Statutes. 
 
 female so cotninitted to their care, on being satisfied of her 
 reformation. 
 
 34. The jndge of the Criminal Court of Baltimore City, or ibw, s. 7. 
 any judge of any circuit court for any county or the city of Procedure. 
 Baltimore, upon information that any female under the age of 
 eighteen years, in their several counties, or the city of Balti- 
 more, as the case may be, leads a disorderly and dissolute 
 course of life, may, upon application of the parent or next 
 friend of such female, issue a warrant or order directed to the 
 8herifl', or to any constable or police officer in such county or 
 
 city, commanding him to bring the person against whom the 
 information is so given before said court or said justice, on any 
 day to be named therein, not more than one week from the 
 day of the warrant, to answer said charge ; and the said court 
 or said justice, upon proof of said charge, may commit such 
 female to the said House of the Good Shepherd of the City of 
 Baltimore, for not less than one week nor more than two 
 months for the first occasion, and not less than one month nor 
 more than six months for the second or any subsequent occa- 
 sion ; provided, however, that in every case so brought before Proviio. 
 the Criminal Court of Baltimore City, or the circuit court for 
 any county, the trial shall be by jury, if demanded by the Trial by jury, 
 party charged ; and if in any case brought as aforesaid before 
 any justice of the peace, the party charged shall demand a 
 jury trial, the said justice shall certify said case to the crimi- 
 nal court or the circuit court for the county, as the case may 
 be, to be proceeded with and tried by said court in the same 
 manner as if the case had been originally brought before said 
 court, and such court or justice may commit said person, in the 
 absence of suitable bail, to the said House of the Good Shep- 
 herd, instead of the common jail, pending the said charge. 
 
 35. The directors of the said House of the Good Shepherd, iMd, s. s. 
 
 in the city of Baltimore, shall annually report to the Governor Report to Got- 
 of this State a full account of the operations of the said corpo- 
 
468 Houses of Refcjob and Hkformation. 
 
 Article XXVI.— Ordinances. 
 
 ration, and the Comptroller of the State shall semi-aim luilly, 
 on the first day of January and July, draw his warrant on the 
 Treasurer to the order of the president of the said corpora- 
 tion for an amount at the rate of twenty cents per diem lor 
 each of the average number of females committed by any jus- 
 tice of the peace, as hereinbefore provided, who shall have 
 been in the said institution during the preceding six months ; 
 Appropriations, and the sum of two thousand dollars, or as much thereof as 
 may be necessary, is hereby appropriated to pay the said 
 twenty cents per day, out of any money in the treasury not 
 otherwise appropriated. 
 
 Ibid, s. 9. 36. The judge of the Criminal Court of Baltimore, the 
 
 Visitation and president of the Board of Police Commissioners, and the Mar- 
 inspection by 
 Judge of crimi- shal of the Police of the city of Baltimore, shall, at such times 
 
 nal Court, &c. _ "^ J 3 
 
 as they think proper, visit and inspect the said institution.* 
 
 ORDINANCES. 
 
 No.so.s. i2,R. 1. It shall be the duty of the police of the city of Balti- 
 Poiicetoaid in morc to aid in the arrest of all boys escaping from the House 
 
 arrest of boys ,. t-, i o ■ 
 
 escaping from of Rcfugc, whcu the fact shall be duly established, and render 
 
 house of refuge. '^ ' j ■> 
 
 such Other aid as may tend to preserve the discipline of said 
 House of Eefuge, it being understood that the necessary 
 expense attendant upon the arrest and removal of such person 
 or persons shall be paid by the said House of Refuge. 
 
 No.66, s. 1, 2. The Mayor of the City of Baltimore is hereby author- 
 
 June30,'77. . 
 
 ized and empowered, under the advice of the City Soli- 
 citor, to contract for, and on behalf of the Mayor and City 
 
 * See Art. LII, Vagrants, for the Home of the Friendless, Children's Aid 
 Society, Boys' Home, Protestant Infant Asylum, &c. The Maryland House 
 of Correction was established by the acts of 1874, c. 233, and of IS'J'S, c. 415. 
 By tiie act of 1878, c. 232, the construction and maintenance of a line of 
 telegraph is authorized from the House of Correction to the police head- 
 quarters in Baltimore city, and from the State Penitentiary to the Police 
 headquarters ; and by the act of 1878, c. 358, the managers of the House of 
 Correction are authorized to hire convict labor to the Maryland Canal Co. 
 
Houses of Eefuge and Reformation. 469 
 
 Article XXVI. — Ordinances. 
 
 Council of Baltimore, with the House of Refuge, St. Mary's care and main- 
 Industrial School, and the House of Reformation and Instruc- "more boyg in 
 
 House of Bef- 
 
 tion for Colored Children, J9er capita, for the care and "lain- ifdJ.ftViai*''^'' 
 
 tenance, for any one year, of boys from the city of Baltimore, HouTeoTRe- 
 
 legally and properly committed to either of said institutions, or in8™uction*fo^r 
 
 who may hereafter be so committed ; provided, however, that dren. 
 
 each of said contracts shall contain a clear and express stipu- Provisos 
 
 lation that the Mayor and City Council of Baltimore shall 
 
 incur no obligation therefrom to pay any amount not provided 
 
 for or in excess of any appropriation in any general appro- Amounts in ex- 
 
 . J . J /» • 1 1 '^^*' °^ appro- 
 
 priation ordinance made tor carrying out the same; and pro- priauons. 
 
 vided further, that each of said contracts shall contain a stipu- 
 lation limiting the obligation of the city in the cases of future 
 commitments to said institutions, to those of boys who may be commitments 
 
 Ji !•! /•! n ^ , t . ^y courts. 
 
 committed thereto by either oi the courts of the city having 
 the power to make such commitments. 
 
 Decision as to Appropriations. — Tax-payers of a municipal corpora- 
 tion may invoke the restraining powers of a Court of Equity, and the court 
 will ejitertain jurisdiction of their suit against such corporation and its offi- 
 cers, whenever the latter are shown to be acting ultra vires, or are assuming 
 or exercising a power over the property of the citizen, or over corporate 
 property or funds, which the law does not confer upon them, and where 
 such unauthorized acts may affect injuriously the rights and property of the 
 parties complaining. St. Mary^s Industrial Scfiool for Boys v. Brown, et cU., 
 45 Md. 310. 
 
 The Mayor and City Council of Baltimore has no authority to make appro- 
 priations, by the exercise of the taxing power, to sustain or aid institutions, 
 however benevolent and charitable in their character, which do not owe 
 their creation to the municipal power conferred on the city of Balti- 
 more, and were not created for the city by the Legislature of the State, as 
 instruments of municipal administration, but which are separate and dis- 
 tinct corporations composed of private individuals, and managed and con- 
 trolled by officers and agents of their own, and over which the city has no 
 supervision or control, and for the management of which there is no accounta- 
 bility to the city whatever. Ibid. 
 
 The fact that the Governor of the State and the Mayor and City Council 
 of Baltimore each appoints, every two years, three persons to represent the 
 State and city in the Board of Trustees of St. Mary's Industrial School for 
 Boys, under the amendment of its charter by the act of 1874, c. 288, in no 
 
470 Houses of Refuge and Reformation. 
 
 Article XXVI. — Ordinances. 
 
 manner changes the nature of the institution, nor makes it a municipal 
 agency. Ibid. 
 
 The fact that the Governor of the State is empowered (act of 1870, c. 391,) 
 to appoint ten, and the Mayor of the city of Baltimore five, of the directors 
 of the Maryland Industrial School for Girls, the board being composed of 
 thirty, does not put the State nor the city in such relation to the corporation 
 as to make it either a public. State or municipal institution. Ildd. 
 
 The mere fact that the city of Baltimore may own the ground on which 
 the building is erected, or that the city, in its deed to the institution, has 
 reserved certain privileges in the use of the hall, as part of the consideration 
 for the grant, cannot constitute the Maryland Institute for the Promotion of 
 the Mechanic Arts a municipal agency. Ibid. 
 
 Municipal corporations can levy no taxes, general or special, on the in- 
 habitants, or their property, unless the power be plainly and unmistakably 
 conferred. The authority must be given either in express words, or by 
 necessary implication, and it cannot be collected by doubtful inferences 
 from other power or powers relating to other subjects, nor deduced from any 
 consideration of convenience or advantage. Ibid. 
 
 While the city of Baltimore has ample power delegated to it to provide 
 for the foundlings, the insane, the indigent, infirm and helpless, and for the 
 correction of the vicious and vagrant portions of its population, such pro- 
 vision, when made, must be under the control, and subject to the supervision 
 of municipal authoritJ^ Ibid. 
 
Immiqeants. 
 
 471 
 
 Article XXVII.— Statutes. 
 
 ARTICLE XXVIL 
 
 IMMIGRANTS. 
 
 STATUTES. 
 
 Commanders of vessels to report 
 age and occupation of aliens to 
 Mayor or Register : penalty for 
 neglect. 
 
 To give bond to indemnify city 
 from support of: penalty. 
 
 Amount and security of bond. 
 
 St<x;k may be pledged or money 
 deposited in lieu of bond. 
 
 Approval by Mayor. 
 
 Commander may commute for 
 bond. 
 
 7. Penalty for landing passengers out 
 
 of city. 
 
 8. Penalties and forfeitures : how re- 
 
 covered. 
 
 9. Mayor may compound for or 
 
 remit. 
 
 10. Commutation money: how dis- 
 
 tributed . 
 
 11. Fines : how distributed. 
 
 12. Compensation of Register. 
 
 13. Persons excepted. 
 
 STATUTES. 
 
 1 . The master or commander of any vessel arriving from p. l. l., art. 4, 
 a foreign country, or from any other of the United States, commander oi 
 
 . ■ . vessel to report 
 
 who shall enter said vessel at the custom house in the city age ana occupa- 
 tion of alienH to 
 
 of Baltimore, shall, within twenty-four hours after such |^*y°'" °'" *^8- 
 entry, make a report in writing on oath to the Mayor or 
 Register of said city, of the name, age and occupation of 
 every alien who shall have been brought or carried as pas- 
 senger in such vessel on that voyage, upon pain of forfeit- Penalty, 
 ure, for every neglect or omission to make such report of the 
 sum of twenty dollars for every such passenger neglected or 
 omitted to be so reported.* . 
 
 * The original act is 1832, c. 203. Its preamble recites that the frequent 
 arrivals of passengers at the port of Baltimore have introduced into that 
 
472 Immigrants. 
 
 Article XXVII.— Statutes. 
 
 Ibid, sec. 251. 2. The Major of the City of Baltimore, or other person 
 Bond to indem- discharffinff the duties of his office, shall require the owner 
 
 nify city from , , 
 
 support of pas- gr consiffnee of every vessel arriving from a foreisrn country, 
 
 seiigers. ^ " " r> >/ / 
 
 or from any other of the United States, which shall be enter- 
 ed in said custom house, upon pain of forfeiture to the Mayor 
 Penalty. and City Council of twenty dollars for every neglect or omis- 
 
 sion to give a several bond to the State of Maryland in the 
 penalty of three hundred dollars, for each passenger includ- 
 ed in the report of the master or commander of such vessel 
 directed to be made by the preceding section, and condition- 
 ed to indemnify and save harmless each and every city, town 
 and county in this State, from any cost which such city, town 
 or county shall incur, for the relief or support of the person 
 named in the bond, within five years from the date of the 
 bond, and also to indemnify and refund any charge or ex- 
 pense such city, town or county may necessarily incur for the 
 support or medical care of the person named therein, if re- 
 ceived into the alms-house or hospital, or any other institu- 
 tion under their care. 
 
 Ibid, sec. 25i!. 3. Evcry such bond shall be signed by two or more suf- 
 ficient securities, residents of the State of Maryland, each of 
 
 city a great number of paupers, who have become charges upon the city and 
 county, and upon tlie several associations in said city, incorporated by the 
 State for the relief of foreign emigrants to the United States; and that a 
 large proportion of the passengers in the various ships are paupers, and are , 
 as such paupers, embarked, it is believed, under tlie direction of public au- 
 thorities of foreign countries ; and that it is right that the evil in question 
 should be remedied or alleviated as far as practicable. Supplemental acts 
 are, 1833, c. 177; 1834, c. 84; 1841, c. 174; 1849, c. 46. 
 
 The associations for succor of immigrants are, for the Germans, the Ger- 
 man Society, formed in 1784, and incorporated by act of 1817, c. 100 ; for 
 the Irish., the Hibernian Society, formed in 1803, and incorporated by act of 
 1817, c. 168; for the Scotch, the St. .Andrew's Society, formed in 1806, and, 
 incorporated by act of 1816, c. 163 ; and for the English, the St. George's 
 Society, formed in 1800, and incorporated by act of 1867, c. 46; and for 
 the French, the French Society. Immigration is provided for by Const., 
 art. X, sec. 3, and 1868, c. 300. 
 
Immigrants. 473 
 
 ArW;le XXVII.— Statutes. 
 
 whom shall prove, by oath or otherwise, that he is owner of Amount and se- 
 
 .,,., -'-lo c t 1 f 1 1 11 curitv of bond. 
 
 a Treenold in the said btate oi tlie value oi three hundred 
 dollars over and above all claims or liens thereon or against 
 him, including any contingent claim which may accrue from 
 or upon any former bond given under the provisions of this 
 law. 
 
 4. If the principal in said bond choose, instead of the iwd, sec. 253. 
 security required in the preceding sections, he may secure stock may be 
 
 , pledged or 
 
 said bond by mortgage of real estate, or by the pledge and money depoH- 
 
 *' '^ ° 'J lb jtprt in lien of 
 
 transfer of public stock of the United States, or of the State ^°"^- 
 of Maryland, 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. 
 
 5. Any security, whether real or personal, offered by such iwd, 
 
 ■ec.954. 
 
 owner or consignee, shall first be approved by the Mayor of Approval by 
 
 _,. Mayor. 
 
 the City. 
 
 fi. The owner or consignee of any vessel may at any time iwd, sec. asa. 
 within three days after the landing of such passengers, com- communder 
 
 n ^ ^ 1 iii • i i> • t ^ • ""y commute 
 
 mute for the bond or bonds hereinbefore required, by paying for bond, 
 to the Register of the City the sum of one dollar and fifty 
 cents for each and every passenger reported as hereinbefore 
 required by this article, and the receipt of such sum by the 
 Register shall be deemed a full and sufficient discharge from 
 the requirement of giving such bond. 
 
 7. If any alien passenger in such vessel shall be sufiered ibid, sec. 256. 
 to land therefrom at any place within the distance of fifty penalty for 
 
 • in .-,. .,,. ,, landing passen- 
 
 miles from said city, with the intent to proceed thereto gers out of city, 
 otherwise than in said vessel, the master or commander there- 
 of shall forfeit and pay for every such person the sum of 
 one hundred dollars, unless within forty-eight hours after 
 the entry of the vessel the owner or consignee shall give the 
 bonds or pay the commutation money aforesaid. 
 
474 
 
 Immigrants. 
 
 Article XXVIL— Staples. 
 
 Ibid, sec. 257. 8. All Or any of the said penalties and forfeitures, as well 
 Penalties and RS the Said commiitation money, may be sued for in the name 
 
 Ibileitures; 
 
 how rerovered. of the Mayor and City Council of Baltimore, before any jus- 
 tice of the peace, in the same manner and subject to the same 
 rules and x>rocess, and the right of appeal as provided in 
 cases of small debts. 
 
 Ibid. sec. 258. 
 
 Mayor may 
 compound for, 
 or remit 
 
 Ibid, sec. a.'iO. 
 
 Commutation 
 money ; how 
 diatrib I ted. 
 
 Ibid, sec. 260. 
 
 Fines; hoir 
 distributed. 
 
 9. The Mayor may compound for or remit the said penal- 
 ties 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. 
 
 10. The Mayor and Register shall pay over to the Trustees 
 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 appropria- 
 ted by said trustess to the use of the city of Baltimore for 
 the purpose of supporting the foreign paupers of the said 
 city, and the remaining two-fifths shall be paid to the Hiber- 
 nian Society of Baltimore, and the German Society of Mary- 
 land, in the proportions mentioned in the next succeeding 
 section. 
 
 11. All money received by the Mayor or Register for pen- 
 alties and forfeitures imposed by this law shall by the Mayor 
 and City Council be distributed and paid as follows : two- 
 fifths thereof to the German Society of Maryland, and tlie 
 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 proportion to the 
 amount received from and on account of Irish passengers :. 
 and the remaining three-fifths to the Trustees of the Poor for 
 Baltimore City. 
 
Immigrants. 4Y5 
 
 Article XXVII.— Statutes. 
 
 12. The Register of the City shall be entitled to two per ibid.sec. aci. 
 centum upon the amount of money collected under this law. compensation 
 
 or ReKister. 
 
 13. Nothing herein contained shall be deemed to extend ibia, sec. asa. 
 to any ambassadors, ministers, consuls or agents of foreign Persons ex. 
 governments arriving as passengers in the port of Baltimore. 
 
476 
 
 Inspections, Weights and Measures. 
 
 Article XXVIII. 
 
 ARTICLE XXVIIL 
 
 INSPECTIONS, WEIGHTS AND MEASURES. 
 
 STATUTES 
 
 GAS METERS. 
 
 1. Apparatus for registering con- 
 
 sumption of gas. 
 
 2. Amount of gas registered. 
 
 3. Test by Inspector and Sealer of 
 
 Gas Meters : certificate : when 
 company to refund to consu- 
 mer. 
 
 GAUGERS OP CASKS AND LIQUORS. 
 
 4. Who entitled to receive a license 
 
 to act as gauger of casks and 
 liquors: oath. 
 
 5. Who not eligible as gaugers. 
 
 6. Who may sell, export, &c. : 
 
 when gauger to be called in. 
 
 7. Gaugers to procure and use cor- 
 
 rect instruments: capacity of 
 casks : marks : merchantable 
 casks : deficient casks : fraudu- 
 lent casks. 
 
 8. Baltimore standard of wine 
 
 measure : penalty on gauger. 
 
 9. Altering mark or number : false 
 
 mark or number : penalty. 
 
 10. Ganger's fees. 
 
 11. Persons not licensed or acting 
 
 beyond limits of city : fraud : 
 penalty. 
 
 HAY AND STRAW. 
 
 12. Governor to appoint two inspec- 
 
 tors of. 
 
 13. Each inspector to give bond. 
 
 14. Standard : to be weighed at State 
 
 scales. 
 
 15. Inspector's fees. 
 
 16. Inspector to sell portable scales. 
 
 17. To give certificate of every load 
 
 weighed : what certificate to 
 contain. 
 
 18. Neglect, &c., to have hay and 
 
 straw weighed : penalty. 
 
 19. Selling, &c., without inspection : 
 
 penalty. 
 
 20. May re-weigh wagons free of 
 
 charge: if required to do so, 
 entitled to pay. 
 
 21. Inspectors may weigh other arti- 
 
 cles. 
 
 22. Where scales to be placed. 
 
 23. Additional pay of inspector. 
 
 24. Weighing apparatus to be ad- 
 
 justed monthly. 
 
 25. Inspectors to account to treas- 
 
 urer quarterly. 
 
 26. Another inspector to be appoint- 
 
 ed : his duties, &c. : fees for 
 weighing. 
 
 27. Inspector's duties : charges. 
 
 28. Record of expenditures, &c. 
 
 29. May impound for charges : pro- 
 
 viso- 
 
 30. Inspector neglecting to weigh, 
 
 &c. : penalty. 
 
 31. Inspector's bond : tax on com- 
 
 mission. 
 
Inbpkotions, Weights and Measures. 
 
 477 
 
 Article XXVIII. 
 
 33. Appointment of additional in- 
 spector. 
 
 33. Inspector to conform to provis- 
 
 ions required of other inspec- 
 tors. 
 
 34. Penalties, how recovered. 
 
 LIVE STOCK. 
 
 35. Governor to appoint weighmas- 
 
 ter of. 
 
 36. Bond of weighmaster. 
 
 37. ^Wliat stock to be weiglied. 
 
 38. "Weighmaster to weigh all stock 
 
 presented : to give certificate 
 of weight to owner. 
 
 39. Charges for weighing. 
 
 40. To keep record of all weights : 
 
 to keep accounts of receipts 
 and expenses : books to belong 
 to the State. 
 
 41. To render quarterly account to 
 
 Comptroller. 
 
 42. To number pens, and the num- 
 
 ber they hold. 
 
 43. To put cattle in pens without 
 
 separating droves. 
 
 44. To make alterations in pens, 
 
 yards, «&c. : provisos : U. S. 
 stock to have priority. 
 
 45. May impound for weigliing fees ; 
 
 proviso. 
 
 46. Clerk or assistant: salary: pro- 
 
 viso. 
 
 47. Salary of weighmaster, and sala- 
 
 ries how and when paid. 
 
 48. Penalty for delaying to weigh. 
 
 49. Penalty for selling without be- 
 
 ing weighed. 
 
 50. Penalty for buying without being 
 
 weighed. 
 
 51. Police Commissioners to have 
 
 authority over premises. 
 
 53. Grounds may be enlarged : how 
 
 purchases shall be made. 
 
 53. Proceedings in cases of tort, 
 
 trespass, &c. 
 
 54. Jurisdiction of Crininal Court 
 
 extended over premises. 
 
 MANUUE. 
 
 55. Contents of load. 
 
 OYSTEUS. 
 
 56. In the shell : measurement ; 
 
 licensed measurer : penalty. 
 
 57. Measure to be inspected and 
 
 stamped: penalty: proviso. 
 
 STEAM BOILKU8. 
 
 58. Governor to appoint inspector of 
 
 steam boilers: duties: oath: 
 bond. 
 
 59. City divided into districts : Gov- 
 
 ernor to assign districts. 
 
 60. Office, «&c., of inspectors: notice. 
 
 61. Owner or renter using steam 
 
 boiler to report to inspector: 
 penalty. 
 63. Inspector to give notice of time 
 of inspection : penalty. 
 
 63. Duties of inspector: certificate 
 
 of inspection: pressure of 
 steam: penalty. 
 
 64. Further duties of inspector: cer- 
 
 tificate: notice: when boiler 
 to be discontinued : penalty. 
 
 65. Owner or renter aggrieved may 
 
 demand re-examination: en- 
 gineer, «&c.: oath: final decis- 
 ion: costs. 
 
 66. Using boiler without having it 
 
 inspected: penalty. 
 
 67. Inspector to examine engineers : 
 
 when certificate withdrawn. 
 
 68. Inspectors' fees. 
 
 69. Inspectoi's' record : report to 
 
 State Comptroller. 
 
 70. Inspectors' salaries: payments 
 
 into State treasury. 
 
 71. This act not to conflict with or- 
 
 d i n a n c e s : permission for 
 erecting steam boilers. 
 
 72. Insurance in steam boiler insur- 
 
 ance company : certificate of 
 inspection from company: 
 fees: exemption. 
 
 73. Neglect of duties. 
 
478 
 
 Inspections, Weights and Measukes. 
 
 Article XXVIII. 
 
 74. VacaQcies. 
 
 75. Fines and penalties: how re- 
 
 covered. 
 
 83. 
 
 83. 
 
 84. 
 85. 
 
 86. 
 
 87. 
 
 89. 
 
 90. 
 91. 
 
 92. 
 
 93. 
 94. 
 
 WEIGHERS OF GRAIN. 
 
 Weighers of grain appointed by 
 Governor : term of office. 
 
 Oath. 
 
 Weigher-general's bond. 
 
 Assistant weigher's bond. 
 
 Failure to perform duties. 
 
 What grain to be reported to 
 grain -weigher's office: weigh- 
 er-general's duties : proviso : 
 penalty. 
 
 Office of weigher-general : office 
 hours: duties: assistant. 
 
 Application to weigh. 
 
 Weights and scales. 
 
 Grain sold and delivered : not to 
 be interested : penalty. 
 
 Gratuity or reward : penalty. 
 
 Return to weigher-general : re- 
 cord: fees of weigher-general 
 and measurer. 
 
 Weigher-general's return to the 
 Comptroller: clerks' salaries: 
 payments to treasurer. 
 
 Allowance to weigher- general 
 and assistant : proviso : not to 
 exceed what sum. 
 
 Mode of weighing. 
 
 Meaning of term, grain : stand- 
 ard weight : contracts. 
 
 Amount paid not to exceed grain 
 weighing fund : deduction. 
 
 Failure to report, &c. : penalty. 
 False return : penalty. 
 
 95 
 
 Comptroller's duty, on failure to 
 return : bond to be put in suit. 
 
 Treasurer's account with grain 
 weighing fund : grain ware- 
 houses in Baltimore. 
 
 Assistants to weigher-general : 
 compensation: proviso: he- 
 glect of duty : oath. 
 98. No person to weigh grain except 
 those appointed: penalty. 
 
 To attend to duties in person: 
 penalty. % 
 
 Elevator receipts. 
 
 WOOD-CARTS. 
 
 Appointment of measurer of 
 vehicles hauling cord wood: 
 deputies: fees. 
 
 Oath. 
 
 Location of measurer : mark 
 on carts : standard of meas- 
 urement. 
 
 Refusing to have cart inspected; 
 or altering marks or measure- 
 ment: penalty. 
 
 Dispute between purchaser and 
 seller : measurer to arbitrate : 
 fee: certificate. 
 
 96. 
 
 97 
 
 99 
 
 100. 
 
 101. 
 
 102 
 103 
 
 104. 
 
 105 
 
 CITY INSPECTIONS. 
 
 106. Power to pass ordinances regu- 
 
 lating inspections in city. 
 
 WEIGHTS AND MEASURES. 
 
 107. Corporation to make standards 
 
 Conform to State standards. 
 
 108. To regulate assize of bread and 
 
 size of bricks. 
 
 ORDIN A NCES 
 
 INSPECTIONS. 
 FLOUR. 
 
 Appointment of reviewers of 
 flour : two millers, two bakers 
 and two merchants : reviewers 
 
 appointed on appeal : oath : 
 pay. 
 
 GAS METERS. 
 
 Inspector and sealer of -gas 
 meters appointed : bond : oath. 
 
Inspections, Weights and MEAgoREs. 
 
 479 
 
 Article XXVIII. 
 
 3. His duties. 
 
 4. Apparatus. 
 
 5. To inspect and prove gas meters : 
 
 fee to inspector: when fee to 
 be returned: gas company: 
 two per cent. : appeal : referee. 
 
 6. New meter to be inspected : pen- 
 
 alty against gas company : fine. 
 
 7. Meters to be sealed and stamped. 
 
 8. Used gas meters to be re-in- 
 
 spectcd and re-stamped : pen- 
 alty on gas aimpany : notice 
 from inspector. 
 
 9. Inspector to visit premises: in- 
 
 structions: fee. 
 
 10. Inspector's record : rejxjrt to 
 
 Mayor: fees. 
 
 11. Counterfeiting or defacing seal : 
 
 penalty. 
 
 ILLUMINATING OA8. 
 
 12. Inspector of illuminating gas 
 
 appointed: gas company: bond 
 of inspector: oath. 
 
 13. Duties of inspector: report. 
 
 14. Quality of gas: illuminating 
 
 power. 
 
 15. Defective gas : penalty: proviso. 
 
 16. Apparatus. 
 
 17. Salary. 
 
 HAY AND STRAW. 
 
 18. Sale of hay and straw regulated : 
 
 l^enalty. 
 
 REPOUTS OK INSPECTORS. 
 
 19. Inspectors to report quarterly to 
 
 Mayor. 
 
 STREETS. 
 
 20. Inspection of goods on streets 
 
 regulated : penalty. 
 
 WEIGHTS AND MEASURES. 
 
 21. Keepers of standards appointed : 
 
 bond : two keepers of weights 
 and liquid measures, and one 
 keeper of dry and long meas- 
 ures. 
 
 22. Offices. 
 
 23. Comptroller to procure sets of 
 
 weights and measures. 
 
 24. What the standard shall be. 
 
 25. Inspectors to adjust weights and 
 
 measures: penalty. 
 
 26. Dimensions of dry measures. 
 
 27. Weights, «&c., to be stamped: 
 
 penalty. 
 
 28. Stamp for dry measures: pen- 
 
 alty for counterfeiting. 
 
 29. Scale beams to be stamped: 
 
 penalty. 
 
 30. Patent balances, &c., to be 
 
 stamped and inspected once in 
 each year : penalty. 
 
 31. When found untrue, to be con- 
 
 demned : penalty for using 
 condemned balances, &c. 
 
 32. Penalty for using altered 
 
 weights, &c. 
 
 33. Fees of standard keepers. 
 
 34. To inspect once a year, and no 
 
 oftener. 
 
 35. Penalty. 
 
 36. To visit markets, stfjres, &c., to 
 
 inspect weights, &c. 
 
 37. Penalty for refusal to allow in- 
 
 spection : duties of inspectors 
 and clerks of markets. 
 
 38. Annual return Ut Register. 
 
 39. Additional compensation. 
 
 CHARCOAL. 
 
 40. Measurer of charcoal appointed : 
 
 deputies: oath. 
 
 41. Mayor to designate stands. 
 
 42. Charcoal to be measured. 
 
 43. Retailers of charcoal exempt. 
 
 44. Standard for measuring. 
 
 45. Measurer not to deal in charcoal. 
 
 46. Penalty for fraud. 
 
 47. Retailing charcoal license. 
 
 COAL. 
 
 48. How anthracite coal to be sold : 
 
 penalty. 
 
480 
 
 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 FIREWOOD. 
 
 49. Sale of firewood regulated : pen- 
 alty: proviso. 
 
 50. To be sold by weight. 
 
 51. Standard weight: penalty. 
 
 STATUTES 
 
 GAS METERS. 
 
 1876, c. 356, s. 1, 
 
 Apparatus for 
 registering con 
 
 1. It shall be the duty of every Gas Company manufactur- 
 ing, furnishing, and selling gas in the city of Baltimore, to 
 
 regisiering con- i ,1 • <? 
 
 sumption of gas. placo upou the prcinises 01 every consumer using gas, a correct 
 apparatus or meter for registering the consumption of the 
 same, and it shall be the duty of the company to see that said 
 apparatus or meter is kept in proper working order and con- 
 dition. 
 
 Ibid, s. 2. 2. It shall not be lawful for said company, under any cir- 
 
 Amountof gas cumstauccs, to chargc or collect for any greater amount of gas 
 regis ere . ^j^^^^ .^ registered by said apparatus or meter. 
 
 Ibid, s. 3. 3. Any consumer may, at any time, cause said apparatus or 
 
 Test by inspec- mctcr to bc testcd by the Inspector and Sealer of Gas Meters 
 
 tor and Sealer ^ ^-j , . ^-^. 1 i n i • i • 1 . 
 
 01 JJaltimore City, who shall make said test in the presence ot 
 consumer and of an agent of the Gas Company, by which the 
 gas may be supplied, if desired, and shall furnish to the con- 
 sumer, 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 
 When company upou the part of the consumer, the said company shall refund 
 
 to refund to , • i r> 1 i 1 
 
 consumer. to the cousumer an amount m lawiul money equal to the per 
 centage that the said apparatus or meter has been registering 
 too fast, upon the bills of said consumer, registered by said ap- 
 paratus or meter, for the four months next preceding the said 
 test, unless the said company can prove that such inspection 
 and certificate do not show the correct result ; and in case 
 such refunding does take place, the said company shall also 
 pay the expenses incurred in making said test. 
 
 of Gas Meters. 
 
 Certificate 
 
Inspections, Weights and Measures. 481 
 
 Article XXVIII.— Statutes. 
 
 GAUGBRS OF CASKS AND LIQUORS. 
 
 4. Any citizen of the State of Maryland, on application to I872, c.a64,s. i. 
 the Clerk of the Court of Common Pleas, in the city of Balti- who entitled to 
 
 receive a license 
 
 more, and on payinar one hundred dollars to the said clerk, to act as nuager 
 
 *^ •' " 'of casks and 
 
 shall be entitled to receive a license to act as ganger of casks '>i"""- 
 and liquors for the term of one year from the date thereof. 
 The person applying for said license shall, at the time of re- 
 ceiving the same, take and subscribe before said clerk an oath oath. 
 that he will honestly and faithfully discharge the duties of said 
 office. 
 
 5. No person engaged in vending or trading in or manu- ibij, «. 2. 
 facturing casks or liquors individually, or as a partner, or as who'not eiigi- 
 
 11 1 /. 1 1 P WeaBgaugers. 
 
 agent, clerk or employee 01 a trader, vender or manufacturer 
 of said article, or either of them, or any commissioned officer, 
 shall be licensed to act as gauger of casks and liquids. 
 
 6. Any person may sell, export or otherwise dispose of any iwd, s. a 
 foreign or domestic liqnors in casks without having the same whomayseii, 
 
 . export, &c 
 
 gauged by a licensed ganger, but in cases of difference be- when ganger 
 
 ,, -in 1 ..1 to be callea in. 
 
 tween the buyer and seller as to the quantity, either party may 
 call in a gauger, and his judgment shall bind the parties. 
 
 7. The gangers shall procnre and use a correct set of gang- lud, s. 4. 
 ing instruments, and as soon as they have ascertained the Gangers to pro- 
 capacity of any cask they shall distinctly mark, with marking correct instm- 
 
 ■ ments. 
 
 irons, the capacity on the bilge near the bung, and prefix the capacity of 
 letter M., for the State of Maryland, and the first letter of the Marks, 
 surname of the gauger who does gauging; and any cask con- 
 taining such liquor, to be merchantable, must be round at the Merchantable 
 bilge and heads, the staves thereof to be seasoned white oak, 
 free from any injurious portion of sapwood, 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 
 
482 
 
 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 iron, six ; and if of wood, not less than twelve ; and at least not 
 Deficient casks, 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 ganger, 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 found to be fraudu- 
 lently made, the owner or seller thereof, or his agent, shall 
 forfeit the cask to the use of the State. 
 
 Fraudulent 
 casks. 
 
 8. The said gangers, in order to ascertain the capacity of 
 casks, shall conform to the Baltimore standard of wine mea- 
 sure, and if any cask or vessel gauged or marked by said 
 ganger shall in its capacity be found lacking or exceeding one 
 or more gallons in any barrel, or two or more gallons in a cask 
 of a larger size, the ganger shall forfeit and pay two dollars 
 for each gallon so lacking or exceeding the number of gallons 
 marked by him on the cask. 
 
 9. If any person shall alter any mark, or number marked 
 or set down by any ganger, 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 numbers of the ganger, he shall 
 forfeit and pay twenty dollars for every ofience, one-half to 
 the informer, and the other half to the use of the State. 
 
 10. Every ganger so licensed shall be entitled to demand 
 and receive from the person at whose request he shall gauge 
 any cask or casks the following fees, to wit : for gauging casks 
 not exceeding forty gallons, ten cents per cask ; for casks of 
 larger size, fifteen cents. 
 
 11. Any person not beingproperly licensed, who shall act 
 as ganger, or being so licensed shall act as said gauger outside 
 
 beyoldTimTts"^ of the limits of the said city, shall forfeit and pay to the Sherift' 
 Penalty. of the City the sum of three hundred dollars ; said penalty to 
 
 Ibid, 8. 6. 
 
 Baltimore stan- 
 dard of wine 
 measure. 
 
 Penalty on 
 gauger. 
 
 Ibid, s. 6. 
 
 Altering mark 
 or number. 
 
 False mark or 
 number. 
 
 Penalty. 
 
 Ibid, s. 7. 
 Ganger's fees. 
 
 Ibid, s. 8. 
 Persons not li- 
 
Inspections, Weights and Measures. 483 
 
 Article XXVIII.— Statutes. 
 
 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 Slieriff to the treasury as other fines ; if any person so 
 licensed shall be guilty of a fraud by reason of collusion with Fraud, 
 any parties, he shall be deemed guilty of misdemeanor, and 
 shall on presentment and indictment therefor and conviction 
 thereof, forfeit and pay a fine of not less than five hundred penalty, 
 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 STRAW. 
 
 12. The Governor, bv and with the advice and consent of pl.l., art. <, 
 
 . . " . *«"=. 410. 
 
 the Senate, shall biennially appoint two Inspectors of Hay and Governor to 
 
 o /» 1 y-i • ^ T-. 1 • appoint two in- 
 
 btraw tor the City of Baltimore. spector.s. 
 
 13. Each of said inspectors shall give bond to the State ibid, sec. 4 u. 
 of Maryland, in the sum of two thousand dollars, for the true Each inspector 
 
 , to give bond, 
 
 and faithful performance of the duties of his office. 
 
 14. All hay and straw brought to the city of Baltimore mi, c. 35. 
 shall be weighed at the State hay scales, as provided in this to be weighed 
 
 „ . , *t State scales. 
 
 article, and by one of the inspectors, at the rate of one hun- standard, 
 dred pounds to the hundred weight, making a reasonable al- 
 lowance for the moisture thereof, as well as for the mud or 
 other substances attached to the wagon, cart or sled contain- 
 ing the same ; this section not to apply to hay or straw in Exception, 
 bales brought to the city by water, railroad, wagons, carts or 
 sleds. 
 
 15. The said inspector shall be entitled to demand and ises, c. les. 
 receive for each and every load of hay and straw inspected by inspector's fees, 
 him, of whatever weight, one cent and one-half of a cent per 
 
484 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 hundred pounds; and for weighing hemp, cable, anchors, dye- 
 woods, bark, etc., two cents per hundred pounds. 
 
 p. L. L., art. 4, 16. The inspector of hay and straw shall sell the portable 
 
 sec. 414. . 
 
 Inspector to seU scalcs, and pay the proceeds of said scales to the treasurer of 
 
 portable scales. 
 
 the State. 
 
 Ibid, sec. 415. 17. The inspcctor shall give a certificate of every load of 
 What certificate hay Or straw Weighed, statiujj; the gross and net M^eight of such 
 
 to contain. •' to ' & & .-5 
 
 straw or hay, and wagon, cart or sled ; and if any seller of 
 such hay and straw shall neglect or refuse to have the same 
 weighed on the day of the delivery thereof, he shall forfeit 
 Penalty. and pay for every such neglect or refusal the sum of five 
 
 dollars. 
 
 Ibid, sec. 416. 18. If any person bringing hay or straw to said city shall 
 Neglect, &c., to neglect to have the same weighed by the said inspectors, or 
 
 have hay and 
 
 straw weighed, shall be dotcctcd in having stones, rubbish, wood or any thing 
 else concealed in his load, or shall in any manner change the 
 condition of his cart, wagon, carriage or sled, with a fraudulent 
 
 Pen-aity. intention, he shall forfeit and pay for each and every such 
 
 ofienoe the sum of five dollars. 
 
 Ibid, sec. 417. ] 9. If an v pcrsou, after having his hay or straw weighed 
 Selling, &c., aud haviug obtained the inspector's certificate, specifying the 
 
 without inspec- 
 
 t'on- quantity thereof, shall dispose of any part thereof, or in any 
 
 manner diminish the same in quantity, thereby to defraud or 
 
 Penalty. deccivo tlic pui'chaser thereof, he shall forfeit and pay for every 
 
 such offence the sum of twenty dollars. 
 
 Ibid, sec. 418. 20. Tlic Said inspectors may re- weigh carts, wagons, car- 
 inspectors may riages or sleds as often as they may deem expedient, and if at 
 
 re-weigh wag- 
 ons free of any time either of them shall be required to do so by a pur- 
 charge. ■' -x J \ 
 
 chaser of hay or straw, and it shall be found that his report 
 
 of the weight of the cart, wagon, carriage or sled is correct. 
 
 If required to the pei'sou requiring the same shall pay twenty cents to said 
 
 do so, entitled ^ ^ a IT J J 
 
 top^y- inspector; in other cases the re-weighing shall be free of 
 
 charge. 
 
Inspections, Wkights and Measures. 485 
 
 Article XXVIII.— Statutes. 
 
 21. The said inspector shall at all times when required iwd, sec. ug. 
 weigh hemp, cables, anchors, dje- woods, bark, roots, etc. weigh other 
 
 22. One of the scales or apparatus for weighing shall be i864,c. 384. 
 placed in the western section of the city, and the other in the where scales to 
 
 be placed. 
 
 eastern, but the governor may upon petition change the loca- 
 tion of either, whenever and as often as he may deem proper, 
 at the expense of the State.* 
 
 23. In addition to the charge hereinbefore authorized for ie64, c 384. 
 the use of the State hay scales, the inspector shall be entitled Additional pay 
 
 •' ' ' of inspector. 
 
 to demand and receive fifteen cents for each and every load 
 of hay or straw which shall remain half an hour on the 
 premises after the weighing thereof, but shall be removed 
 before night, and thirty cents for each and every load which 
 shall be left on the premises until the next morning. 
 
 * This act of 1864, c. 384, further authorized the removal of the scales in 
 the western section of the city, and the sale by commissioners appointed by 
 the governor of the lot of ground and premises situate at the intersection of 
 Franklin street and Pennsylvania avenue, then occupied by the State's 
 scales, and the purchase of a lot of ground near the suburbs, for a hay 
 market, to which the scales should be transferred, and on which an office 
 sliould be erected for the inspector — said scales to be located at a place 
 within the city limits, convenient to the Reisterstown and Frederick roads. 
 
 The act of 1874, c. 309, authorized the sale or lease to the Mayor and City 
 Council of Baltimore, of a part of a lot in Baltimore city, belonging to the 
 State of Maryland, located at the intersection o f Fremont and Chatsworth 
 streets, and known as the State hay scales lot. 
 
 By the act of 1876, c. 1, the Governor was authorized to convey by deed, 
 to the Mayor and City Council of Baltimore, that portion of the State hay 
 scales lot situated at the intersection of Fremont and Chatsworth streets, 
 which he sold to them by virtue of the power and authority vested in him 
 by above act of 1874, c. 309. 
 
 By tlie act of 1878, c. 401, the Board of Public Works was authorized to 
 purchase for the use and the cenvenience of the Western hay scales, in the 
 city of Baltimore, a lot of ground adjoining thereto, or, in their discretion, 
 to procure the same by an exchange of a similar lot near to the said hay 
 scales, belonging to the State. 
 
486 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 fec^42i'"' 4» 24, The weighing apparatus shall be adjusted at least once 
 To be adjusted ID six months bv the standard of weights for the city of Bal- 
 
 moiithly. ^ "^ a J 
 
 timore, the expenses of which, together with all the expense 
 for repairs, shall be paid by the inspectors. 
 
 1B64, c. 384. 25. The inspectors shall severally account for, under oath, 
 
 Inspectors to and pay ovcr to the treasurer quarterly, all moneys received 
 treasurer bv them as inspcctors, after retaininsr for their services two- 
 
 quarterly, •' '^ ' " 
 
 thirds of all moneys received under section 15, and one-fifth 
 of all moneys received under section 28 of this article. 
 
 1867, c. 361. 26, The Governor shall appoint a proper person to act as 
 
 Another iiispe- inspcctor of hay and straw at the scales erected under the act 
 
 tor to be ap- ' 
 
 pointed. of 1867, c, 381 ;* and his duties, in all respects, shall be such 
 
 His duties, &c. as those by law required of the inspector of hay and straw 
 at the western scales, and he shall have like rights, except so 
 far as they are hereby changed, and such appointment shall 
 be made in all respects in like manner and subject to like 
 confirmation by the Senate, as is by law required in the 
 appointment of inspectors of hay and straw in the city of Bal- 
 timore; and said scales shall be used for the same purpose as 
 the scales established in the western section of said city 
 are used for, and shall be subject to the same regulations. 
 And the inspector hereby authorized to be appointed, and the 
 inspector of the western scales now in operation, shall, from 
 the time that the first named inspector shall enter upon the duties 
 of his ofiice, severally account for under oath, and pay over to 
 Fees for weigh- the treasurer quarterly, all money received by them as inspec- 
 tors, after receiving for their services three-fourths of all 
 
 * By this act of 1867, c. 381, commissioners were appointed and autlior- 
 ized to purchase or lease and fit up in a suitable manner, a convenient lot 
 of ground for erecting scales for weighing hay and straw, and the scales, fix- 
 tures and office necesssry for that purpose, not to be situate south of the Fred- 
 erick turnpike, west of Mount reestt, north of Pratt street, and east of the 
 junction of the Franklin and Frederick turnpike roads. 
 
Inspections, Weights and Measures. 487 
 
 Article XXVIII.— Statutes. 
 
 moneys received by them for weighing and inspecting hay and 
 straw, and one-fifth of all money received by them for weigh- 
 ing hemp, cable, anchors, dye-woods, bark, roots, etc. 
 
 27. It shall be the duty of the inspector of hay and straw i867,c.24i,8.3. 
 having charge of the eastern hay scales at Canton, in the city inspector's 
 
 duties. 
 
 of Baltimore, to weigh all cattle and hogs required by law to 
 be weighed, which may be brought to said scales for that pur- ^'^^^ »'°<=''- 
 pose, and the said inspector shall be entitled to demand and 
 receive for the use of the State, for the first time of weighing 
 any live stock, except sheep, required by law to be weighed, 
 two cents for every hundred weight, and one cent per head charges, 
 for every sheep, and for every second and subsequent weigh- 
 ing for cattle and hogs, two cents for every thousand weight, 
 and sheep, one cent for every thousand weight, and all live 
 stock not required to be weighed, the sum of six cents for 
 every thousand weight.* 
 
 28. He shall keep a full record of all weights as ascertain- ibid, a. 4. 
 
 ed and determined by him, of what, and for whom the same Record of ex- 
 may be ascertained and determined, and all money by hira re- 
 ceived 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 inspectioQ 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 receiv- 
 
 *By this act of 1867, c. 241, autliority was given for tlie rebuilding of the 
 hay scales and the buildings connected therewith, owned by the State and 
 situate in the eastern section of the city, near the intersection of O'Donnell 
 street, with the western line of Baltimore county, and to alter and adapt 
 said scales to the weighing of live stock, as well as hay and straw, and to 
 erect enclosures necessary for the safe keeping of live stock. 
 
488 
 
 Inspections, Wkighis and Measures. 
 
 Article XXVIII.— Statutes. 
 
 ed, and all disbursements by him made to the Comptroller ; 
 and if the balance in the hands of said inspector for weij^hiuii^ 
 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 w^eighing live 
 Compensation stock, the Said inspcctor shall retain the balance as compensa- 
 tion for his services for weighing such live stock. 
 
 Ibid, s. 5. 
 
 May impound 
 for charges. 
 
 Proviso. 
 
 Ibid, s. 6. 
 
 Inspector ne- 
 glecting to 
 weigh, &c. 
 
 Penalty. 
 
 1870, c. '256. 
 
 Inspector's 
 bond. 
 
 29. He may upon failure or refusal of any agent or owner 
 of live stock to pay for weighing the same, impound any num- 
 ber of live stock he may deem necessarry, or cause such fees 
 to be paid ; provided, no injury be done to said stock by con- 
 fining them as aforesaid, that they be delivered to the owner 
 or agent upon payment of all just and proper charges. 
 
 30. 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 sura of ten cents an hour upon each 
 and every head thereof for so many hours as he shall omit or 
 neglect to weigh the same over and above the term of twenty- 
 four hours, Sunday excepted, to be recovered in an action of 
 debt before a justice of the peace, with costs. 
 
 31. The said inspector of hay and straw shall execute a 
 bon(3 to the State in addition to the bond now provided by law 
 to be given by said inspector, to be approved by the Comp- 
 troller, in the penal sum of one thousand dollars, conditioned 
 for the full performance of all acts and things required by him 
 as weigher of live stock at said scales, and to pay all damages 
 that may be sustained by reason of wilful omission, refusal or 
 neglect to discharge said duties, which bond shall be filed with 
 the Comptroller of the treasury ; but said inspector or weigher 
 
Inbpkctionb, Weights and Measures. 489 
 
 Article XXVIII.— Statutes. 
 
 of hay and straw for the said eastern hay scales at Canton, in 
 the city of Baltimore, shall not be chargeable with the pay- 
 ment of a tax of fifty dollars for his cominission, as required Taxoncommis- 
 
 sion. 
 
 by the Act of Assembly of 1862, c. 282, s. 1, [now 1878, c. 23,] 
 but shall be chargeable with, and pay to the clerk from whom 
 he received his commission, the sum of ten dollars and no more. 
 
 32. The Governor, by and with the advice and consent of i864,c. 339, ».i, 
 the Senate, is authorized to appoint an additional inspector of Anuointment of 
 
 adaitional in- 
 
 hay and straw for the eastern section of the city of Balti- spector. 
 more* 
 
 33. The said inspector, as aforesaid, by virtue of this act ibid, g. 3. 
 appointed, in the execution of his said oflfice, shall conform to inspector to 
 
 * ' ^ conform to pro- 
 
 and be liable to all requirements, duties and provisions re- ^i'*""^ '^«i""'«'* 
 
 ^ ' » of other inspec- 
 
 quired of the existing inspectors, and enacted in reference '""• 
 thereto by any acts of assembly, now in force in relation to 
 the same. 
 
 34. All fines and forfeitures imposed may be recovered p. l. l., art. 4, 
 
 . . . . sec.4d3. 
 
 with costs in the name of the State, before a justice of the Penalties, how 
 
 recovered. 
 
 peace, in the manner that small debts are recovered, one-half 
 to the informer and the other half to the use of the State. 
 
 * By this act of 1864, c. 339, the said inspector was authorized under the 
 direction of the Governor to purchase a lot of ground in the eastern part of 
 the city, east of Harris' Creek, and south of Wilk street, and to erect thereon, 
 and to keep in repair, suitable hay scales or apparatus for weighing hay 
 brought to tlie city for sale. 
 
 By the act of 1876, c. 371, the Governor was authorized to appoint com- 
 missioners to lease or purchase a suitable and convenient lot, and have 
 erected thereon scales and fixtures necessary for weighing hay and straw, 
 and an office for the inspector ; the scales to be situate north of Madison 
 street, and south of Northern Boundary, and between Forrest Place, ex- 
 tended in a direct line to said Northern Boundary and Harford avenue ; on 
 the completion of the same, the inspector or weigher of hay, at and for the 
 eastern scales, located at the corner of Buren and Monument streets, to re- 
 move thither, and perform the duties required of the weigher, and to receive 
 tlie same for the inspection or weighing of hay and straw or other products 
 as were allowed at the time of the passage of this act ; and after such removal, 
 the scales, building and lot of the said Eastern Hay Scales to be sold. 
 
490 Inspections, Weights and Mkasukes. 
 
 Article XXVIII.— Statutes. 
 
 LIVE STOCK. 
 p L. L.,art. 4, 35. The Governor, by and with the advice and consent of 
 
 sec. 458. . 
 
 Governor to ap- the Senate, shall biennally appoint a suitable and proper per- 
 master. gon to be wcighmaster of live stock in the city of Baltimore. 
 
 ibid,sec.459. 36. The person so appointed shall execute a bond to the 
 Bond of weieh- State of Maryland, with two securities, to be approved by the 
 
 master. " . . . 
 
 Mayor or City Council of Baltimore, in the penal sum of five 
 thousand dollars, conditioned for the full performance of all 
 acts and things required of him as weighmaster, and to pay 
 all damages that may be sustained by reason of wilful omis- 
 sion, refusal or neglect to discharge the said duties ; which 
 bond shall be filed among the records of the Superior Court of 
 Baltimore City, and may be sued by any person injured or 
 damaged by such wilful omission, neglect or refusal. 
 
 Ibid, sec. 460. 37. All beef cattle and hogs brought for slaughter within 
 What stock to the corporate limits of the city of Baltimore, or within five 
 miles of said limits, which have not been raised or grazed 
 one year within said limits, or within five tniles of the same, 
 shall be weighed by said weighmaster before they shall be 
 sold or slaughtered. 
 
 Ibid, sec. 461. 38. The said weighmaster shall, upon any day in the week 
 
 Weighmaster oxccpt Suuday, Weigh all live stock that may be offered at the 
 
 to weigh all iini • ii -iiii 
 
 stock presented, live stock scalcs for that purpose, whether required by the last 
 To give certifi- preceding section to be weighed or not, and shall give a certi- 
 
 CEitc of wciKht 
 
 to owner. ficate Under his hand, setting forth the actual gross weight 
 
 of any number of cattle or hogs, or other livestock so weighed 
 by him, to their owner or his agent, making such allowance, 
 in the nature of tare on account of any dirt, mud, filth, or 
 other matter adhering to the same, as he may think just and 
 proper. 
 
 Ibid, sec. 462. 39. He shall charge and collect for the use of the State 
 for the first time of weighing any live stock, except sheep, 
 
Inspkotions, Weights and Measures. 491 
 
 Article XXVIII.— Statutes, 
 required by this article to be weighed, two cents for every charges for 
 
 weighing. 
 
 hundred weight, and one cent per head for every sheep ; for 
 every second and subsequent weighing, for cattle and hogs, 
 two cents for every thousand weight, and sheep, one cent for 
 every thousand weight; and all live stock not required to be 
 weighed, the sum of six cents for every thousand weight. 
 
 40. He shall keep a full record of all weights as contained i.ia.sec. 463. 
 and determined by him, of what and for whom the same may to keep record 
 
 •1J1 •Jj/»ii Ll- of all weights ; 
 
 be 80 ascertained and determined, and of all moneys by him to keep account* 
 
 •^ of receipts and 
 
 received as weighmaster, and of all expenditures and disburse- ^^j^','^"' to""''^ 
 nients, in books to bo provided by him for that purpose, which ^'*'*' 
 books shall belong to the State, and shall at all times be sub- 
 ject to the inspection and order of the Comptroller. 
 
 41. He shall, within the first five days of every quarter, 1864,0.328. 
 upon his oath, taken before a justice of the peace of said city, weighmaster 
 
 ' . . -1 'o render quar- 
 
 make a full statement of all receipts for weighing, and from teriy account to 
 
 ^ b &' UomptroUer. 
 
 whom received, and of all disbursements by him made to the 
 Comptroller, and shall pay over to said Comptroller all bal- 
 ances that may be in his hands. 
 
 42. He shall number the pens or yards under his care used p. l. l., art. 4, 
 
 n ••!• 1 1111 !• • 1 ''^'-- ^^^' 
 
 tor receiving live stock, and shall mark in conspicuous places to number 
 on the fences or gates thereof, in legible figures, the number of ca'uie. 
 of cattle, hogs, or sheep, the said pens or yards will respectively 
 contain. 
 
 43. He shall, when receiving any live stock for weighing ibid, sec.ise. 
 or exposure for sale, put the same into pens or yards, the to put cattle in 
 
 pens without 
 
 nearest in capacity to contain the respective droves ot the separating 
 
 * "^ "^ droves. 
 
 different owners thereof, and shall in no case divide and put 
 portions of the same drove into different pens or yards, unless 
 such division be actually necessary for the accommodation of 
 the same, or to effect a division of such droves among the 
 different owners thereof. 
 
492 
 
 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 1864, c. 328. 
 
 To make alter- 
 ations in pens, 
 yards, &c. 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 V. S. stock to 
 have priority in 
 weighing. 
 
 P. L. L., art. 4, 
 sec. 468. 
 May impound 
 for weighing 
 fees. 
 
 Proviso. 
 
 1874, c 328. 
 Clerk or assist- 
 ant. 
 
 44. He may from time to time, as experience may suggest, 
 and as the public accommodation and convenience may seem 
 to require, make changes and alterations in the arrangement 
 of the pens, yards, alleys and appurtenances thereof, and may, 
 if he shall deem it necessary for the public accommodation, 
 erect additional cattle scales ; and may make such reasonable 
 rules and regulations to be observed by the owners or other 
 persons presenting live stock to be weighed, in the use of said 
 pens, yards, alleys, scales, or appurtenances, as to him may 
 seem expedient ; provided, nevertheless, that no rules or regu- 
 lations shall be made or be valid which shall give any prefer- 
 ence or priority to any owner or other person in the use of said 
 pens, yards, alleys, scales, or appurtenances, or in the order 
 of weighing the stock, over any other owner or person whose 
 stock shall prevjously have been brought in to be weighed, 
 and shall have been duly reported as ready to be weighed ; 
 provided, however, that the designation of the pen or yard 
 into which stock shall be put shall not be considered as giving 
 any preference or priority ; and provided, also, that the live 
 stock of any kind, actually belonging to the government of 
 the United States, or brought in to be weighed for delivery 
 to the said Government under any then subsisting contract, 
 shall always be entitled to be weighed in preference and 
 priority to all other stock belonging to private parties, or which 
 are presented to be weighed for delivery under private contract. 
 
 45. He may, upon failure of any agent or owner of live 
 stock to pay for weighing the same, impound any number of 
 such live stock he may deem necessary to pay or 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 his agent upon payment of ail just and proper 
 charges. 
 
 46. He may, whenever in his judgment it becomes neces- 
 sary for the public accommodation, employ any clerk or assist- 
 
Inspections, Weights and Measures. 493 
 
 Article XXVIII.— Statutes. 
 
 ant weighmaster permanently or temporarily, and fix the salary. 
 
 compensation of the same; subject, however, to the approval 
 
 of the Comptroller ; provided, that the compensation of no Proviso. 
 
 employee shall exceed the sum of twelve hundred dollars per 
 
 annum. 
 
 47. He shall receive an annual salary of two thousand i864,c. 328. 
 dollars ; and all the salaries shall be payable monthly out salary of 
 
 . weighmaateT, 
 
 of any moneys received by the weighmaster for the use 01 &c. 
 the State. 
 
 48. If any weighmaster shall omit or delay to weigh, or p. l. l, art. 4, 
 cause to be weighed, any live stock, for a time exceeding penalty lorde- 
 
 j . , laying to weigh. 
 
 twenty-four hours alter 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 
 delay to weigh the same over and above the term of twenty- 
 four hours, Sundays excepted, to be recovered in an action of 
 debt before a justice of the peace, with costs. 
 
 49. If any grazier, drover, or other person, shall sell or ibid, sec. 47a. 
 barter any beef cattle or hogs brought for slaughter within penalty for 
 
 •' '^ - I • n selling without 
 
 the corporate limits of the city of Baltimore, or within live being weighed, 
 miles of said limits, which have not been raised or grazed one 
 year within said limits, or within five miles of the same, and 
 which have not been weighed by said weighmaster, upon proof 
 and conviction thereof before any judge or justice of the peace, 
 he shall forfeit and pay a sum of not less than one nor more 
 than ten dollars for each and every head of cattle or hogs so 
 sold or bartered, at the discretion of the judge or justice, and 
 to be recovered by action in the name of the State before a 
 justice of the peace or court having jurisdiction thereof, one- 
 half to the informer, and the other half to the clerk of said 
 court for the use of the State. 
 
494 Inspections, Weights and Measuees. 
 
 Article XXVIII.— Statutes. 
 
 Ibid, sec. 473. 50. If any butcher or other person shall purchase any beef 
 Penalty for Cattle or hoi^s brought for sale within the corporate limits of 
 
 buying without . , . ^ 
 
 being weighed, gaid city, Or witliin five miles thereof, which have not been 
 weighed by said weighmaster, he shall be subject to the penal- 
 ties and forfeitures imposed by the last preceding section, 
 
 i864,c. 328. 51. The Police Commissioners of Baltimore City shall have 
 
 Police commis- and cxcrcisc the like powers and authority over and within the 
 
 sioners have . . o 
 
 authority over promiscs composing State cattle scales, the pens, yards, alleys, 
 
 scales and appurtenances, as if the said premises were really 
 
 situate within the boundaries of Baltimore city. 
 
 18G4, c. 328. 52. The weighmaster of live stock may enlarge the grounds 
 
 Grounds may uow urovidcd for the Weighing live stock, and may for that 
 
 be enlarged. ^ » n t J 
 
 How purchases purposo, purchasc iu the name and on behalf of the State, 
 
 shall oe made. 
 
 such additional extent of grounds as the public wants may, in 
 his judgment, require ; and may, if he deems it expedient, 
 sell or exchange for the benefit of the State, such portions of 
 the ground now belonging to the State, and purchase for said 
 Proviso. purpose; provided, that no such sale or purchase shall be valid 
 
 or efifectual unless and until the same shall have been ap- 
 proved by the Governor and Comptroller, nor shall the pur- 
 chase money, in case of such purchase, or any part thereof, 
 be paid until the Governor and Comptroller shall be satisfied 
 as to the sufficiency of the title or titles of the vendor or ven- 
 dors, and shall sign a certificate to that efiect, to be filed in the 
 office of the Comptroller ; and in case of any such purchase, 
 the purchase money therefor shall be paid out of any money 
 in the treasury not otherwise appropriated, upon the execution 
 and delivery of a conveyance therefor ; and in case of such 
 sale the purchase money therefor shall be paid to the Comp- 
 troller; and upon such payment the Comptroller, on behalf of 
 tlie State, shall in the name of the State execute and deliver 
 a deed therefor to the purchaser or purchasers thereof. 
 
 1884, o. 328. 53. In case any tort, trespass, or other wrong, shall be done 
 
 by any person or persons whatever, to any of the property 
 
Inspections, Weights and Measures. 495 
 
 Article XXVIII.— Statutes. 
 
 belonging to the State, and composing parcel of, or appertain- Proceedings in 
 ing to said State cattle scales, it shall be the duty of the tr<?s pass. *»;.' 
 weighmaster to sae for the same in the name of the State, fi"^ 
 plaintiff, in the Superior Court of Baltimore City, in the Court 
 of Common Fleas or Baltimore City Court, or before any jup- 
 tice of the peace of Baltimore, as the case may be; and no 
 plea shall be received on behalf of any defendant to the juris- 
 diction of said court, either on the ground that the locality of 
 the tort, trespass, or other wrong was in Baltimore county, or 
 that the residence of said defendant was in some part of the 
 State, other than Baltimore city. 
 
 54. All assaults, riots, or other criminal acts which may i884, c. 328. 
 be done or committed on the premises aforesaid, shall be cog- Jurisdiction of 
 
 ., Criminal Court 
 
 nizable by the Criminal Court of Baltimore, in the same man- extended over 
 
 *' premises. 
 
 ner as if the same had been done or committed within the 
 limits of said city.* 
 
 MANURE. 
 
 55. A cart load of manure shall contain forty cubic feet.f iMd, sec. 489. 
 
 Contents of 
 load. 
 
 OYSTERS. 
 
 56. All oysters in the shell, disposed of in the city of Balti- 18>2. (■• is?; 
 
 -' ... 1874, c. 221, s. 1. 
 
 more, or in the port of Crisfield, or at any oyster packing estab- in the sheii. 
 lishment in this State, shall be measured in an iron circular Measurement, 
 tub, of any capacity from one half bushel to three bushels, as 
 may be agreed upon between the buyer and seller, said mea- 
 sure shall contain in quantity for each bushel thereof accord- 
 
 * The act of 1870, c. 262, authorized the State weigher of live stock to have 
 erected an additional live stock scale, with a house to be used as an office, 
 and to be attached thereto ; the said scale and house to be erected on the 
 property belonging to the State used as a live stock yard. The act of 1870, 
 c. 223, provided for improvements in vicinity of State live stock scales. 
 
 1 1862, c. 19, repealed sections 486, 487, 488, 490, 491, 492 and 493 of ar- 
 ticle 4 of Code P. L. L., relating to the Inspection and Measurement of 
 Manure. 
 
496 
 
 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 Licensed 
 measurer. 
 
 ing to the following dimension, that is to say, sixteen and one- 
 halt" inches across from inside to inside at the bottom, eighteen 
 inches across from inside to inside at the top, and twenty-one 
 inches diagonal from the inside chime to the top, and the same 
 shall be even or struck measure. 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 tlie Court of Common Pleas, paying therefor ten dol- 
 lars, and taking an oath before said clerk for the faithful per- 
 formance of his duty ; said license shall hold good for one 
 year. A measurer shall receive for his services one-half cent 
 per bushel, to be paid equally by the buyer and seller. Any 
 person or persons violating the provisions of this act shall be 
 deemed guilty of a misdemeanor, and on conviction shall be 
 fined not less than twenty nor more than fifty dollars for each 
 offence and imprisoned until the fine and costs are paid. 
 
 Penalty. 
 
 Ibid, s. 2. 
 
 Measure to be 
 inspected and 
 stamped. 
 
 Penalty. 
 Proviso. 
 
 57. The measure provided for in the preceding section shall 
 be inspected and stamped by the proper ofiicer in the city of 
 Baltimore, and it shall be unlawful to use any other measure. 
 Any person violating this section shall be deemed guilty of a 
 misdemeanor, and upon conviction shall be fined not more than 
 fifty dollars for each offence and imprisoned until fine and 
 costs are paid ; provided, however, that nothing in this act 
 shall be construed to apply to oysters shipped in the barrel on 
 any steamboat which are to be sold in the barrel. 
 
 STEAM BOILERS. 
 
 1879, c. 153, s. 1. 58. The Governor shall biennially appoint two suitable per- 
 Governor to ap- SOUS who are wcU skilled in the construction and use of steam 
 
 point inspectors 
 
 of steam boilers, engiucs and boilcrs and in application of steam thereto, whose 
 
 duty it shall be to inspect steam boilers in the city of Balti- 
 
 Duties. more, as hereinafter specified and directed ; said inspectors 
 
 Oath. before entering on their duties shall make oath, before a justice 
 
Inspections, Weights and Measures. 497 
 
 Article XXVIII.— Statutes. 
 
 of the peace, that they will faithfully perform the duties of 
 their office without fear, partiality or favor ; that 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 con- 
 sideration from any person or persons, and shall give bond, to Bond, 
 be approved by the Comptroller of the State, in the sum of 
 five thousand dollars each, for the faithful discharge of their 
 duties. 
 
 59. The city of Baltimore is hereby divided into two dis- iwds. 2. 
 tricts, which shall be known as the first and second steam citv divWeu 
 
 inio districts. 
 
 boiler inspection districts ; the first district shall embrace what 
 
 is now known as the eastern and southern police districts ; the 
 
 second shall embrace what is now known as the middle and 
 
 western police districts of said city, and the Governor in ap- Governor to as- 
 sign districts. 
 
 pointing the inspectors shall assign each to his respective dis- 
 trict. 
 
 60. The inspectors, before entering on the discharge of their iwd, s. 3. 
 duties, shall provide themselves with an office in a central omoe.&c, of 
 
 iniipector.s. 
 
 part of said city, also with the necessary apparatus and appli- 
 ances for the testing of steam boilers, and they shall give 
 notice for three successive days, through the two daily papers Notice, 
 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. 
 
 61. Every owner or renter using a steam boiler or boilers iwd, s. 4 
 
 in said city shall, within ten days after the publication of the owner or renter 
 
 •' ' using steam 
 
 aforesaid notice, report to the inspector of the district the loca- boiier to report 
 
 ' ^ r to inspector. 
 
 tion of such boiler or boilers, under a penalty of fifty dollars Penalty, 
 for each day a boiler is used and neglected to be reported. 
 
 62. The inspector of each district shall give six days' notice ibid, s. 5. 
 in writing to each owner or renter of a steam boiler or boilers, inspector to 
 
 " give notice of 
 
 or the engineer or person in charge, of the time when he will [j™'' "' inspec- 
 
498 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 inspect such boiler or boilers, and such owner or renter shall 
 have such boiler or boilers ready for inspection, in compliance 
 with the requirements of said notice, and shall furnish such 
 assistance as the inspector may require, under a penalty of 
 Penalty. fifty dollars for such failure or neglect, and a further penalty 
 
 of fifty dollars for each day any such boiler is used without a 
 certificate of inspection. 
 
 Ibid, s. 9. G3. It shall be the duty of each inspector, once at least in 
 
 Duties of in- cvcry year, to inspect all stationary steam boilers of three 
 horse power and upwards, used within the limits of his district, 
 subjecting them to a hydrostatic test of at least twenty-five 
 per cent, in excess of the steam pressure allowed, and satisfy 
 himself, by a thorough external and internal examination (if 
 possible) with a hammer, that the boilers are free from danger, 
 from corrosion or other defects, are well made of good mate- 
 rial, the openings for the passage of water and steam respec- 
 tively, and all pipes and tubes exposed to heat are of proper 
 dimensions and free from obstruction ; that the flues and tubes, 
 if any, are circular in form, the furnaces in proper shape, and 
 the fire line of the furnace is at least two inches below the 
 minimum water line of the boilers, and shall also satisfy him- 
 self 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 or 
 boilers than the amount prescribed in the certificate of inspec- 
 tion ; that there is a sufficient number of gauge-cocks, a steam 
 gauge, a coupling- cock in suitable position for attaching the 
 hydrostatic test, that means for blowing out are provided, so 
 as to thoroughly remove the mud and sediment from all parts 
 of the boilers, when they are under the pressure of steam, and 
 that fusible metals are properly inserted so as to fuse by the 
 heat of the furnaces when the water in the boilers shall fall 
 below the prescribed limits, and that adequate and certain pro- 
 
Inspections, Weights and Measures. 499 
 
 Article XXVITT.— Statutes. 
 
 rision is made for an ample supply of water at all times ; when 
 the inspection is completed and the inspector approves the 
 boiler, he shall make and subscribe a certificate of inspection, certificate or 
 
 inspection. 
 
 stating the condition of the boiler, the number of years or 
 months it has been in use, and the pressure of steam allowed ; Pressure of 
 
 , steam. 
 
 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 cer- 
 tificate of inspection shall be framed under glass, and kept in 
 sotne conspicuous place on the premises where said boiler or 
 boilers referred to are used ; and if the inspector shall deliver 
 or cause to be delivered to the owner or renter of any boiler or 
 boilers a certificate of inspection without having first subjected 
 the said boiler to the tests as herein provided, he shall forfeit Penalty, 
 his bond, and upon conviction shall be removed from oflSce by 
 the Governor. 
 
 Gi. In addition to the annual inspection, it shall be theihid,s.r, 
 duty of the inspector to examine all boilers within the limits Funherduties 
 
 of inspector. 
 
 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 deteriora- 
 tion in strength, he shall revoke the certificate and issue certificate, 
 another, assigning a lower rate of pressure; and if the defect 
 be of such character as to make the boiler dangerous, the in- 
 spector shall notify the owner or renter in writing, stating in Notice, 
 the notice what is required, and order the use of the boiler 
 discontinued until the necessary repairs are made; and if he when boiicrto 
 
 .1 ., 1 ., Ill 1 • 1 '!> ^ be discontinued. 
 
 considers it beyond repair, he shall condemn it; and it the 
 owner or renter shall refuse or neglect to comply with the 
 requirements of the inspector, and shall, contrary thereto, and 
 while the same remains unreversed, use the boiler, he or they 
 shall be liable to a penalty of not less than one hundred dollars Penalty, 
 for each day such boiler is used, and, in addition thereto, shall 
 
500 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 be liable for any damage to persons or property which shall 
 occur from any defects, as stated in the notice of the in- 
 spector. 
 
 Ibid, s. 8. 65. Any owner or renter of a boiler or boilers, who shall 
 
 Owner or renter considcr himsclf affffrieved by the action of the inspector, under 
 
 aggrieved may _ ^ 
 
 demand re- the provisious of the precedinff section, may, within ten 
 
 examination. * r o i j ^ 
 
 days after such inspection, notify the inspector of the fact, and 
 demand a re-exaraination of thesaid boiler or boilers, the owner 
 
 Engineer, &c. or renter shall select a practical engineer, who, with the in- 
 spector, shall select a third person, skilled in the manufacture 
 and use of steam boilers, which said two persons, after taking 
 
 Oath. an oath as reviewers, shall, together with the inspector, care- 
 
 Finai decision, fully examine the said boiler or boilers, and the decision of any 
 two of these shall be final ; should the decision of the inspector 
 
 Costs. be sustained, the said owner or renter shall pay the expense of 
 
 such review ; but if 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. 
 
 Ibid, 8.0. 66. Any person erecting or using a steam boiler or boilers 
 
 Using boiler without having the same inspected by the inspector of the dis- 
 
 without having .. i.ii .ii.i i-i . i iiii 
 
 it inspected. trict in which the said boiler or boilers is or are located, shall 
 pay a fine of one hundred dollars, and fifty dollars for each 
 day any such boiler is used without being inspected ; and any 
 person who shall alter or change a steam guage 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 inspec- 
 
 Penaity. tion, shall be liable to a fine of five hundred dollars ; and any 
 
 owner or renter of a steam boiler or boilers, who shall neglect 
 or refuse to place his certificate of inspection on the premises. 
 
 Penalty. as prescribed in section 63 hereof, shall pay a fine of five 
 
 dollars for each day's refusal or neglecc. 
 
Inspections, Weights and Measubes. 501 
 
 Article XXVIIL— Statutes. 
 
 67. The inspector shall have power to examine the engi- iwd, s. lo. 
 neers and assistants in charge of boilers, and if any engineer inspector toex- 
 
 ....« J. ., ,,. - . amine bngin- 
 
 or assistant is lound incompetent or addicted to intemperance, eers. 
 the inspector shall notify the owner or renter, and withdraw when cerua- 
 the certificate of inspection until such engineer or assistant is 
 displaced. 
 
 68. Before issuing any certificate of inspection, the inspec- iwd, s. ii. 
 tors shall demand and receive from the owner or renter of the inspectors' fees, 
 boiler or boilers as a compensation for the inspection, and the 
 examinations to be made during the year, as hereinbefore pro- 
 vided, the following sums : For every boiler of ten horse power 
 
 or loss, 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. 
 
 69. It shall be the duty of each inspector to keep a correct ibia.s. is. 
 
 record of the locations of all boilers in his district, when each inspector's re- 
 cord, 
 boiler was inspected, the condition of the same at the time of 
 
 inspection, the instructions given to the engineers in charge, 
 the certificates issued, and the amount of steam pressure al- 
 lowed in each certificate, and the boilers condemned or ordered 
 to be repaired ; also a correct account of all money received or 
 paid out, and shall report the same annually to the Com p- Report to state 
 
 ,, 1 , o Comptroller. 
 
 troller of the State. 
 
 70. The inspectors shall receive an annual salary of fifteen ibid. s. is. 
 
 . 1874, C. 9B. 
 
 hundred dollars each, and all moneys collected, after deducting inspectors' sai- 
 the necessary incidental expenses of the oflSce, shall be paid over payments into 
 
 State treasury. 
 
 to the Treasurer of the State. 
 
 71. Nothing in this act shall conflict with the ordinance of ibid, s. 14. 
 the Mayor and City Council of Baltimore which requires their Jonmct\Ath'or- 
 permission for the erection of steam boilers in that city.* permission for 
 
 erecting steam 
 — boilers. 
 
 * See p. 117, ante. 
 
502 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 1878,0.130,8.15. 72. Any owuer or renter of a steam boiler or boilers, who 
 Insurance in has the samo Insured in a boiler insurance company doing 
 
 boiler insurance , lo 
 
 company. busmcss in this State, in comphance with tlie laws thereof, and 
 having an established system of inspection, must immediately 
 after the first annual inspection in each year of such insurance 
 present to the State inspector of the district in which the said 
 
 Certificate of stcam boilcrs are located the certificate of inspection of the 
 
 inspection from ., ,, inii i i 
 
 company. said compauy, and the said company shall be charged and 
 Fees. chargeable with a fee of one dollar for each and every boiler so 
 
 inspected and insured, which shall be paid to the State inspec- 
 tor with such certificate, but 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. 
 Exemption. thcu the Said owner or renter shall thereupon be exempted 
 from the requirements of this section. 
 
 1872,0.157,3.16. 73. If either inspector neglect to discharge his duties as 
 Neglect of prescribed in this act, he shall forfeit his bond, and shall be 
 removed from office by the Governor. 
 
 ibid.s. 17. 74. The Governor shall fill all vacancies that may occur as 
 
 Vacancies. SOOn aS pOSSiblc. 
 
 Ibid, 8. 18 75. All fines and penalties herein imposed shall be recover- 
 
 Finesandpen- able by indictiiicnt before the Criminal Court of Baltimore, 
 How recovered, or before any justice of the peace of said city, in the name 
 of the inspector, for the benefit of the State. 
 
 WEIGHERS OF GRAIN. 
 
 1872, c. 244, s, 1. 76. The Governor, by and with the advice and consent of 
 Weighers of tlic Scuatc, shall biennially appoint one weiLcher- general and 
 
 grain appointed ^ . . . . , 
 
 by Governor, fjye assistaut wcighcrs of grain in and for the city of Baltimorej 
 
Inspections, Weights and Measures. 503 
 
 Article XXVIII.— Statutes. 
 
 who shall hold their office for the period of two years, from the Termor office, 
 first Monday in May next ensuing their appointment and 
 qualification, and until their successors be duly qualified. 
 
 77. Every weigher of grain appointed under the provisions ibid, s. 2. 
 of the preceding section, before he proceeds to act as such, oath. 
 shall, under a penalty of five hundred dollars, take and sub- 
 scribe the following oath, in addition to their oaths required 
 
 by the constitution and laws, to wit: "I, A. B., appointed 
 weigher of grain in the city of Baltimore, do swear that I will 
 diligently and carefully weigh all grain that I shall be called 
 upon to weigh, and that I will not receive, during the time I 
 hold the office of weigher-general, or weigher of grain, any 
 fee or reward from any one, directly or indirectly, for the dis- 
 charge of my duty, and that I will not buy or sell any grain, or 
 act as agent for any one, or assist in the buying, selling or con- 
 signing any grain for any one during the time I shall hold the 
 said office ; and in every other respect, fairly and honestly, 
 without prejudice or partiality, will discharge all the duties of 
 weigher general, or weigher of grain, to the best of my skill 
 and judgment, so help me God." 
 
 78. The weigher-general, before he enters upon the dis- ibid, s. 3. 
 charge of the duties of his office, shall give bond to the State weigher-gen- 
 
 , . Ill /"I oral's boiiu. 
 
 ot Maryland, with two securities, to be approved by the comp- 
 troller, in the penalty of ten thousand dollars, conditioned for 
 the faithful performance of the duties hereby imposed upon 
 him. 
 
 79. Each assistant weigher shall give bond to the State, ibid, s. 4. 
 with two securities, to be approved by the Comptroller, in the AssiBtant 
 
 ,,. , 1,1, •! I'l T" ii weigher's bonl. 
 
 penalty ot five thousand dollars, with a like condition as the 
 bond of the weigher-general. 
 
 80. In the event of failure to perform any duties assigned ibid, s. 5. 
 the said weighers by this article, the said bond or bonds may Failure to par- 
 be put in suiti, by order of the Comptroller, for the benefit of 
 
504 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 the State, and judgment rendered thereon as on other official 
 bonds. 
 
 Ibid, s. 6. 81. All grain arriving in the city of Baltimore must be re- 
 
 what Kiain to Dortcd to the grain weighers' office, whether by steamers, sail ves- 
 
 be reported to '^ & & > J J 
 
 office ''"^''^'^'^ S6ls of all descriptions, barges, or canal boats ; and it shall be the 
 weigher-ReH- dutv of the weigher-gcncral of grain to have weighed all grain 
 
 eral's duties. "'^ . ? . . 
 
 carried to said citj for sale, except grain carried to the city on 
 Proviso. wagons, carts, railroad cars, or through elevators ;* provided, 
 
 however, all grain sent to said city must be weighed by said 
 weigher-general, if the owners of said grain shall request it to 
 be weighed by him. It shall be the duty of the weigher-gen- 
 eral to proceed to weigh all grain within at least two hours 
 after the same is reported, and continue weighing until the 
 weighing is completed; and for every failure to comply with 
 this provision, the said weigher-general shall be liable to a 
 Penalty. penalty of twenty dollars, to be recovered before any justice of 
 
 the peace in Baltimore city, one-half of the fine to go to the 
 informer, and the other half to the State; the suit to be 
 brought in the name of the State. If any grain shall be 
 brought by water to Baltimore for sale in bags, the said 
 weighers shall weigh the said grain on board the vessel or 
 steamboat without removing it from the bags, if the buyer and 
 seller shall mutually agree. 
 
 Ibid, 8. 7. 82. The weigher-general shall keep an office in some sta- 
 
 office of weigh- tion in the city of Baltimore convenient to the wharves or 
 
 •er-general. 
 
 place where the trade in grain is chiefly carried on, and shall 
 
 be in said office, except when upon duty weighing grain, from 
 
 Office hours, eight o'clock, A. M., until five o'clock, P. M., ready to receive 
 
 * The Court of Appeals in QiU & Fisher v. (7a<jy, weigher-general, June 
 28, 1878, held : that the Legislature intended by this section to except from 
 the operations of this act all grain carried by water to Baltimore for sale, 
 and carried there througli the elevator. It must have been known to them 
 that when so carried through the elevator, the grain would be accurately 
 weighed by a fair and impartial person, standing between the buyer and 
 seller. The elevators at Locust Point and Canton are referred to. 
 
Inspections, Weights and Measures. 505 
 
 Article XXVIII.— Statutes. 
 
 all applications for weighing and tneasiiring, and to hear and Duties, 
 determine all controversies between the buyer and seller in 
 relation to grain bought or sold, as hereinafter provided, and 
 in case of sickness or inability to attend in said office at any 
 time, he shall appoint some one of the other weighers to at- 
 tend to his duties in his absence. . 
 
 83. The weigher-general, whenever application shall beibid.s. s. 
 made to him by any party interested in any grain to have the Application to 
 same weighed and measured, shall proceed in person, or direct 
 
 some one of the assistant weighers to proceed at once and 
 weigh the same. 
 
 84. The weigher shall carefully weigh and determine the ibi<i, s. 9. 
 weight of all grain, and for that purpose shall procure, at his weights and 
 own expense, suitable weights and scales for that purpose. 
 
 85. No weigher shall weigh any grain after it has been ibid, s. 10. 
 once sold and delivered on its arriving in said city, nor shall Grain sold and 
 
 delivered* 
 
 he during his continuance in office buy or sell, either directly Not to be inter- 
 or indirectly, or receive any grain by way of barter, loan or 
 exchange, or in any way intermeddle witii or busy himself in 
 procuring to be sold or consigned to any merchant, or in load- 
 ing any ship or vessel with grain, except the proper grain that 
 may have been grown by the said weigher, under the penalty of 
 two dollars for every bushel so bought or sold, and upon con- Penalty. 
 viction for the offence he shall be dismissed from his office. 
 
 86. If any weigher shall accept or receive, directly or in- ibid, s. 11. 
 directly, any grautuity or reward for anything done by him in Gratuity or re- 
 pursuance thereof, other than what is hereinafter allowed as 
 
 his compensation, he shall, upon conviction, forfeit the sum of 
 
 one thousand dollars, and ever after be incompetent to hold penalty. 
 
 the office of weigher under the laws of this State. 
 
 87. Each weigher shall make a daily return to the weigher- ibid, $. 12. 
 general of the number of bushels of grain weighed by him, petum to 
 
 " weii^her-gen- 
 
 and the weigher-general shall make, or cause to be made, an erai. 
 
506 Inspkctions, Wkights and Meabukes. 
 
 Article XXVIII.— Statutes. 
 
 Record. eiitrj of the same in a well-bound book, showing the number 
 
 of bushels weighed and measured for each person, and the said 
 Feesof weiKher- wcigher-genoral shall charge and receive one- fourth cent per 
 measurer. buslicl for Weighing, and shall charge one-fourth cent per 
 bushel for measuring ; said one-fourth cent per bushel for 
 measuring shall be paid by the seller to the measurer, and the 
 first named aforesaid one-fourth cent per bushel for weighing 
 shall be paid by the purchaser to the weigher-general. 
 
 ibid.s. 13. 88. The weigher general shall make a return on the first 
 
 Weigher gen- dav of cvcry month, or within ten days thereafter, to the Corap- 
 
 eral's return to " [ ^ 
 
 the comptroUer. trollcr, Verified by affidavit before some justice of the peace, 
 of the number of bushels of grain weighed and the amount of 
 money received therefor, and shall pay the amount thereof, 
 after deducting necessary office rent and the payment of the 
 
 Clerks. wagcs of uot morc than two clerks, at a salary of not more 
 
 Salaries. than six huudrcd dollars per annum for each, to the treasurer 
 
 treasurer. upou the Warrant of the Comptroller. 
 
 Ibid, 8. 14. 89. The treasurer, upon the warrant of the Comptroller, 
 
 Allowance to shall allow and pay over to the weigher-general and the other 
 
 weigher-gen- . /• i 
 
 erai and assist- wcighcrs oneiourtli ceut per bushel upon all grain weighed by 
 
 ants. 
 
 Proviso. them, provided, the same shall not amount to more than two 
 
 Not to exceed tliousaud doliars in the aggregate for any one year for the 
 
 what sum. . . 
 
 weigher-general, and the sum of sixteen hundred dollars for 
 each weigher, it being intended hereby not to pay said officers 
 in gross more than two thousand dollars to the weigher-gene- 
 ral and sixteen hundred dollars to each assistant. 
 
 /Did, sub-sec. 1. 90. Said weighers shall carefully weigh one bushel in every 
 Mode of weigh- sixty of whcat, and one bushel in every one hundred of corn, 
 
 ing, 
 
 rye and oats, for the purpose of ascertaining the average 
 weight of the cargo or parcel of grain, and that in weighing 
 grain sold, it shall not be necessary to measure sixty bushels 
 of wheat, or one hundred bushels of other grain, before taking 
 a draft for weighing; but it shall be the privilege of either 
 
Inspections, Weights and Measures. 607 
 
 Article XXVIII.— Statutes. 
 
 party, at any stage of the delivery of the grain, to require that 
 any intermediate draft shall be weighed, and if each party 
 shall have caused an intermediate draft to be weighed, the 
 average weight of the two drafts shall be taken as the accurate 
 weight of the said sixty, or one hundred bushels, as the case 
 may be, and in case only one of the parties shall require an 
 intermediate draft to be weighed, then the average of the said 
 intermediate draft and the weigher's draft shall be taken as 
 the weight of said sixty bushels, as the case may be. 
 
 91. The term grain used in this article shall be construed ibid.snb-sec 2. 
 to mean wheat, rye, oats, corn, buckwheat, and barley, and the Mpaningof 
 standard weight of wheat shall be sixty pounds to the bushel ; standard 
 
 rye and corn eaoh fifty-six pounds to the bushel, and oats 
 
 twenty-six pounds to the bushel ; buckwheat forty eight pounds 
 
 to the bushel, and barley forty-seven pounds to the bushel ; 
 
 and in all contracts hereafter made, a bushel of either of said contracts. 
 
 articles shall be determined by the said weights respectively, 
 
 unless the parties to any such contract shall otherwise expressly 
 
 stipulate. 
 
 92. The amount to be so paid under the warrant of the iwd, subsec 3. 
 Comptroller of the treasury to the weigher-general and weigh- Amount paid 
 
 ... I . 1 11- "°* '" exceed 
 
 ers, and tor any other expenses which may accrue under this prain weighing 
 act, shall not exceed the amount to the credit of the weighing 
 fund, as provided by law, and if there shall not be in the 
 treasury, to the credit of said grain weighing fund, a sufficient 
 sum, after paying the expenses incurred under this act, to pay 
 in full the said salaries of the said weigher general and 
 weighers, then ratable deduction shall be made between the Deduction, 
 said weigher-general and said weighers. 
 
 93. If either the weigher-general, or any assistant weigher, ibid, s. is. 
 shall fail or refuse to make the report and pay over the money Failure to re- 
 required of them by this article, or shall make a false report, 
 
 on complaint of the Comptroller to the (Tovernor (and it is 
 
508 
 
 Inspections, Wegihts and Measures. 
 
 Article XXVIII.— Statutes. 
 
 hereby made his duty to complain whenever either of said 
 officers shall fail to do their duty,) the governor shall forthwith 
 suspend him from office, and he shall remain suspended uutil 
 he complies with the provisions of this article ; and if the 
 weigher-general shall fail to comply for two weeks after the 
 time provided by this article, he shall be dismissed from office. 
 
 Penalty. 
 
 Ibid, s. 16. 
 False return. 
 Penalty. 
 
 Ibid, s. 17. 
 
 94. If the weigher-general, or any assistant weigher, shall 
 make a false return, either in amount of weights or money 
 received and paid over, he shall be liable on his bond, and be 
 ever afterwards incapable of holding any office under the 
 grain laws of this State. 
 
 95. The Comptroller shall, whenever the weigher-general 
 
 uomptroUer's shall fail to make the return to the treasurer herein before re- 
 duty on failure . , , ,. i • i i i <-, i » <• i 
 
 of return. qun'cd, sond a copy or his bond to the otate s Attorney tor the 
 Bond to be put City of Baltimore to put in suit ; whose duty it shall be to 
 
 proceed thereon for the speedy recovery of the penalty thereof, 
 
 as upon other official bonds. 
 
 Ibid, 8. 18. 96. The treasurer shall open an account with the grain 
 
 Treasurer's ac- Weighing fund, and Credit to said account or fund all money 
 
 count with .i-i ii • ■< iji i 
 
 grain weighing paid into the trcasury by the weigher general, and the surplus 
 of fees that may hereafter be received from any weigher hold- 
 ing office under the provisions of any other law, and pay the 
 amounts directed by law to be paid thereout, and charge them 
 to said fund, and shall invest the balance remaining in the 
 treasury to its account for the benefit of said fund, to be here- 
 after disposed of under the direction of the General Assembly 
 of Maryland, for buildidg a warehouse or warehouses in the 
 city of Baltimore for the accommodation of the grain trade 
 of this State. 
 
 Grain ware- 
 houses in Balti- 
 more. 
 
 Ibid, 8.19, 97. The weigher-general may appoint as many assistants, 
 
 Assistants to wcighcrs and measurers of grain as the demands of trade re- 
 weigher-gen- , • 1 1 • 1 11 
 erai. quirc, and fix their compensation ; provided it shall not be 
 
 Proviso. more than one fourth of a cent a bushel, one half to be paid 
 
Inspections, Weights and Measdres. 509 
 
 Article XXVIII.— Statutes. 
 
 by the buyer and the other half by the seller, and may dismiss Neglect of duty, 
 them for neglect of or improper discharge of duty, but before 
 said measurers shall perform any duty, each shall take an oath oath. 
 before some justice of the peace for the faithful and impartial 
 performance of the duties of the office. 
 
 98. No person except those appointed under this article iwd, s. 20. 
 shall weigh or measure any grain in the city of Baltimore Noi^rsnut.! 
 
 1 • p -iiii-i 11 weigh grain ex- 
 
 that may arrive for sale, as provided by this law, under the cept those ap- 
 penalty of twentj'-five dollars for every offence, to be recovered Penalty, 
 in the name of the State, for the use of the informer, before 
 any justice of the peace for the city of Baltimore. 
 
 99. The weigher-general and the assistant weighers to be ibid, a. si. 
 appointed by virtue of this act, unless prevented by sickness to attend to du- 
 
 ,,.,. Ill 1 1. . ... ties in per.son- 
 
 or inability, shall attend to their respective duties in person, 
 
 and not by deputy, under a penalty of five hundred dollars, penalty. 
 
 one-half to go to the informer, and the other to the State. 
 
 100. All receipts for grain deposited or stored in any ele- ia74, c. 303. 
 vator, or place of storage connected therewith, in this State, Kiev atorre- 
 aiid known in trade as elevator receipts, shall henceforth, for all *^*''' *' 
 purposes of sale or other disposition whatsoever, be held to 
 
 invest and imply title to such grain in the persons to whom, 
 or to whose order such receipts shall have been issued, and to 
 vest and imply absolute title in all subsequent holders to whom 
 such receipts shall have been passed by or under any contract 
 or transfer, valid and honafde as between the parties thereto. 
 
 WOOD CARTS. 
 
 101. The Governor shall biennially appoint, by and with i878,c. isa, s. 1. 
 the consent of the Senate, one competent person, whose duty Appointment of 
 
 measurer of 
 
 it shall be to measure and stamp all carts or vehicles engaged vehicles haui- 
 
 • 00 jng cord wood. 
 
 in hauling cord wood from wharf and yard within the cor- 
 porate limits of the city of Baltimore; and it shall further be 
 the duty of the said measurer to measure and stamp all carts 
 
510 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 or vehicles engaged in hauling sawed and split wood, for the 
 purpose of selling the same within the corporate limits of the 
 
 Deputies. citj of Baltimore ; the said measurer to have power to appoint 
 deputies if he should find it necessary to facilitate the work ; 
 the said measurer or his assistants to give certificate to the 
 owner or owners of said carts or vehicles, which shall hold 
 good for one year from date ; all such certificates to 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 re- 
 newal, unless some repairs or alteration be necessary to change 
 
 Fees. the same, for which services he shall receive the sum of one 
 
 dollar for each cart or vehicle so inspected and marked by him, 
 to be paid by the party at whose request the services were 
 performed ; the said measurer or his deputies to be in no way in- 
 terested as clerks, or otherwise engaged in the purchase or 
 sale of firewood, other than for his own use. 
 
 1876,0.46,3.2. 102. The said measurer or his deputies, before entering 
 o.th. upon their duties of oflice, 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 act, 
 so help me God." 
 
 1878, c. 183, s. 3. 103. Said measurer shall locate himself in some suitable 
 Location of scctiou of the city where he can be found, where the greatest 
 
 measurer. ./. -i • n ii • ^ i-i 
 
 quantity of wood is tor sale ; the said measurers to plainly 
 Mark on carts, mark, by a brand on the standards of each side of said carts 
 or vehicles, in such a manner as that the purchaser or con- 
 sumer of firewood may see the quantity contained in each 
 eighth, quarter, half or cord of wood so purchased by them, 
 
Inspections, Weights and Measures. 511 
 
 Article XXVIII.— Statutes, 
 the standard of measurement to be one hundred and twenty- standard of 
 
 , measurement. 
 
 eight cubic feet to the cord, oi well stowed and packed cord- 
 wood, or one hundred and eighty cubic feet of sawed and split 
 wood. 
 
 104. If any owner of a cart or vehicle to be used in haul- ibia, s. 4. 
 ing firewood in the city of Baltiniore shall neglect to have Rerusiiij; to 
 
 have cart in- 
 
 such cart or vehicle so inspected, and if any carter or person spt'cted; or 
 
 * *' * alterin;; marks 
 
 shall alter the marks of said carts or vehicles after the same ""^ ™''*'"""''" 
 
 mont. 
 
 has been so inspected, or shall alter the measurement of said 
 firewood by increasing or taking from the same, or neglect to 
 have said carts or vehicles stamped, as provided for in this act, 
 by the first day of June of each year, or any dealer selling the 
 aforesaid cord or sawed and split wood to any cart or vehicle 
 not properly stamped by the measurer or his deputies, provided 
 for by this act, he or they shall be subject to the penalty of 
 five dollars for each offence, to be recovered as small debts are Pentity. 
 now recovered, before some justice of the peace, for the use of 
 the city of Baltimore. 
 
 105. In case of dispute between the purchaser and seller ibid, s. 5. 
 of any lot of firewood the measurer or his deputy, appointed Dispute be- 
 
 , , . , , . , . , tween purchaser 
 
 under this act, may act as arbitrator between said parties, and and seller, 
 'his decision shall be final, for which service he shall receive Measurer to 
 
 4.1 i» • J f ^ 1 ' 1 arbitrate. 
 
 the sum ot six and a-quarter cents for each cord ot wood so Fee. 
 inspected and measured by him, to be paid by the party or 
 parties at whose request said service was performed, the said 
 measurer or deputy to give a certificate of the number of cords certificate. 
 contained in each lot.* 
 
 As to wood on wharves, see sees. 44-46, p. 326, ante. 
 
 * The acts of 1876, c. 46, and 1878, c. 183, are legislative enactments of 
 the ordinances Nos. 77, June 17, 1872, and 42, June 2, 1874, which ordi- 
 nances, Brown, C. J., decided in Deans v. Mayor^ &c., in City Court, Dec, 
 1874, were passed by the Mayor and City Council without authority, as 
 their power in the premises was abrogated by the act of 1870, c. 418. 
 
512 Inspections, Weights and Measures. 
 
 Article XXVIII.— Statutes. 
 
 CITY INSPECTIONS. 
 P. L. L., art. 4, 106. The Mavor and City Council may pass ordinances to 
 
 ssc. 28. II. • • 1 • 1 • 
 
 Power to pass cstablisli andregulatc inspections within the city, subject to 
 
 ordinances reg- c -i f j c\ 
 
 mating inspec- the prcscnt or any luture laws ot the btate. 
 
 tions in city. 
 
 WEIGHTS AND MEASURES. 
 
 P. L. L., art. 4, 107. The Mayor and City Council shall pass such ordi- 
 corporation to uanccs as will make the standard of weights and measures 
 coniorm to State tlic Same iu the city of Baltimore as in the rest of the State.* 
 
 standards. 
 
 * The following is Art 96 of the Public General Laws, regulating Weights 
 and Measures throughout the State : 
 
 1. The standards for weights and measures in this State, except as other- 
 wise provided in this article, shall be such as are used at the custom house 
 in the city of Baltimore. 
 
 2. The county commissioners of each county shall, except where other- 
 wise directed by the local law, on or before the first day of May in each 
 year, appoint some person as keeper of the standards of weights and mea- 
 sures, who shall safely keep and preserve the same, and when required, 
 deliver them to the county commissioners, or to such person as they may 
 appoint to receive the same, and who shall perform the several duties pre- 
 scribed by this article. 
 
 3. The person so appointed shall, before he enters upon the duties of his 
 office, give bond to the county commissioners, in the penal sum of five hun- 
 dred dollars, conditioned for the faithful discharge of all the duties apper- 
 taining to his office. 
 
 4. All weights and measures used in this State in the vending of articles 
 shall be inspected by the said standard keeper for the county, once in every 
 year, under a penalty not exceeding twenty dollars, to be paid by the per- 
 son owning or using the same, and when adjusted, shall be by the standard 
 keeper branded, marked or stamped with the letters M. S., meaning thereby 
 Maryland standard, in such manner, and on such parts of such weights and 
 measures as in his judgment will be most lasting and efi'ectual in preventing 
 fraudulent practices or impositions in the use thereof. 
 
 5. The weights and measures so examined, branded or stamped, and no 
 other, shall be used within this State in the vending of such articles as are 
 directed by law to be or are usually sold by weight or measure, under a 
 penalty of twenty dollars, and all articles sold within this State shall be sold 
 by said weights or measures under the like penalty. 
 
Inspections, Weights and Measuees. 513 
 
 Article XXVIII.— Statutes. 
 
 108. They may regulate and fix the assize of bread, and ibiu, sec. 943. 
 regulate and establish the size of bricks that are to be nsed in to regi.iate 
 the houses to be built in said city. and size of 
 
 bricks. 
 
 as. 
 bread 
 
 6. All scale-beams used in the vending of articles in this State shall be 
 inspected and stamped by the keeper of the standards of weights, as weights 
 are directed to be stamped, and any person using scale-beams in this State 
 not stamped, as herein directed, shall forfeit and pay a sum not exceeding 
 twenty dollars for each offence. 
 
 7. The keepers of standards of weights and measures shall attend at the 
 different markets, towns and villages, in the county for which they shall 
 respectively be appointed, at least once in each year, and at the diflfereut 
 public inspecting warehouses in the said counties at least twice in each year, 
 on some certain days to be appointed by the county commissioners, of which 
 days public notice shall be given by advertisements inserted in scnne one or 
 more newspapers in the counties in which there may be such paper printed, 
 and also by advertisements set up at some conspicuous place in the said 
 markets, warehouses, villages and towns, and shall inspect and adjust all 
 beams and scales, weights and measures, used or intended to be used in the 
 said county. 
 
 8. Each keeper of standards shall keep a book in which he shall register 
 the names of the pei-sons whose beams and scales, weights and measures, he 
 has adjusted, together with the day of the month and year, and the number 
 and description of the same so adjusted, which book he shall submit to the 
 inspection of the county commissioners once in each year, or oftener if re- 
 quired. 
 
 9. If any person shall neglect or refuse to have his beams and scales, 
 weights and measures, inspected and adjusted as herein directed, when re- 
 quired to do so by the proper officer, he shall forfeit and pay five dollars for 
 every day during such delinquency. 
 
 10. If any standard keeper shall be informed or have reason to suspect 
 that any person is using, or has in his possession with a fraudulent intention, 
 any false beams, scales or measures, he shall examine the same, and if he 
 find them, or any of them, to be false, he shall seize the same as a forfeiture, 
 and adjust and sell them at public auction, and shall annually return a 
 statement of the money received therefor under oath to the county commis- 
 sioners. 
 
 11. If any weight or measure which shall have been branded or stamped, 
 as herein required, shall be broken, injured, altered, or changed, or con- 
 demned by the standard keeper, and shall be found thereafter in the use of 
 any person within this State, such person shall forfeit and pay twenty dol- 
 lars for each offence. 
 
 12. Each standard keeper shall receive sucli compensation for the dis- 
 charge of his duties as the county commissioners shall think proper to allow. 
 
514 Inspections, Weights and Measures. 
 
 Article XXVIII. — Ordinances. 
 
 ORDIN A NCES . 
 
 1 . The sections 330 to 353 of Art. IV of the Public 
 Local Laws City of Baltimore, and the Act of 1864, c. 254, 
 
 which shall be levied on the assessable property of the county and collected 
 as other county charges. 
 
 13. Whenever any standard keeper shall be applied to, to adjust scales, 
 weights and measures, by adding to or diminishing the same, or to adjust 
 scale-beams, he shall be allowed an additional reasonable compensation 
 therefor, to be paid by the party so applying for his services. 
 
 14'. The one-half of all fines and forfeitures imposed by the preceding 
 sections of this article shall go to the informer, the other to the use of the 
 county, and in all suits therefor, the informer shall be a competent witness. 
 
 15. Nothing contained in the preceding sections of this article shall apply 
 to the city of Baltimore, or to any private house-keeper not in trade or 
 pursuing some kind of merchandise as a business. 
 
 16. All measures of dried fruit used in this State shall be fixed and uni- 
 form, and tried by the standards herein established, and the measure to be 
 filled even, without rise or heap, and the fruit not packed or pressed in the 
 measurement thereof, and every person violating the provisions of this 
 section shall be subject to a fine of five dollars, to be recovered before a 
 justice of the peace as other debts, one-half to the informer, and the other 
 half to the use of the State. 
 
 17. Act of 1872, c. 162. Oats shall be bought and sold in this State by 
 struck measure or by weight, at the rate of twenty-six pounds to the bushel. 
 
 18. Potatoes in this State shall be sold by weight, at the rate of fifty-six 
 pounds to the bushel, and any person offending against the provisions of this 
 section shall be subject to a fine of ten dollars, to be recovered before any 
 justice of the peace of the city or county where said offence may be com- 
 mitted. 
 
 1861, c 78, provides that the provisions of secti(m 18 shall not apply to 
 the sale of potatoes in the counties of Frederick, Washington, Allegany, 
 Anne Arundel, Carroll and Montgomery. 
 
 19. Hay and straw, which may be sold by weight in this State, shall be 
 sold by the nett hundred, and every twenty hundred pounds nett weight 
 shall be a ton. 
 
 20. Act of 1867, c. 317- The size and dimensions of the corn barrel 
 measure shall be as follows : twenty-one inches in diameter (clear of staves) 
 at the bottom, (and twenty-three inches in diameter clear of staves) and 
 shall hold five struck bushels of corn ; and all the lime sold in this State, or 
 
I 
 
 Inspections, Weights and Measures. 515 
 
 Article XXVIII. — Ordinances. 
 
 relating to the Inspection of Flour, having been repealed by 
 the Act of 1870, c. 418, Ordinance No. 54, May 28, 1861, 
 which provided for the appointment of Reviewers of Flour 
 
 delivered in this State, to any person or persons, shall be measured in a 
 bushel measure of the following dimensions, viz : tvirelve inches (clear of 
 staves) at the bottom, and fifteen inches in diameter (clear of staves) at the 
 top, and shall be fifteen high inside, perpendicular measure, and in all cases 
 where the lime has already slackened, it shall require two such bushels to 
 make one bushel of quick lime ; any person violating the provisions of this 
 section shall, on conviction in any court of this State, or before any justice 
 of the peace, be fined not less than fifty dollars nor more than five hundred 
 dollars, one-half to the informer, and the other half to go to the public 
 school fund of the State. 
 
 31. Quercitron and all other ground bark, sumac and all other articles 
 sold by weight, shall be sold by the one hundred pounds for one hundred 
 weight, and twenty hundred shall be considered and taken for a ton, and so 
 in proportion for any greater or smaller quantity. 
 
 22. The count of all staves and heading shall be by the short hundred, 
 so that one thousand pieces shall be computed as one thousand staves or 
 heading, as the case may be, and any inspector or dealer in staves or head- 
 ing, attempting to account or compute at any greater rate than one thousand 
 pieces to the thousand, and in that proportion for a greater or less number, 
 shall be deemed guilty of a misdemeanor, and be subject to indictment, and 
 upon conviction shall be fined not exceeding one hundred dollars, one-half 
 to the informer, and the other half to the State. 
 
 23. No person shall sell any package or parcel of cotton, woolen or 
 other dry goods, having any mark thereon or attached thereto, indicating or 
 stating a greater number of yards or larger quantity than is actually con- 
 tained in such package or parcel, and any auctioneer, commission merchant, 
 or other dealer, so selling, shall in each case forfeit and pay to the purchaser 
 of each package or parcel double the value of the quantity of goods which 
 on actual measurement it shall be found there is wanting in such package 
 or parcel to make up the number of yards or quantity marked thereon. 
 
 24. All sums not exceeding one hundred dollars, forfeited and payable 
 under the preceding section, shall be recoverable by the purchaser before 
 a justice of the peace as other debts, and all sums exceeding one hundred 
 dollars by action of debt in the court having jurisdiction thereof in the city 
 or county where such sales were made. 
 
 25. Act of 1868, c. 445. All charges for freight, measurement, weighing, 
 inspection, wharfage and commission on grain, shall be made on the num- 
 ber of bushels as ascertained by weight and not by the running measure, 
 and any one found guilty of a violation of this section shall on conviction 
 thereof before a justice of the peace, be fined not less than five nor more 
 
516 Inspections, Weigats and Measures. 
 
 Article XXVIII.— Ordinances. 
 
 to hear appeals from the Inspectors of Flour, is omitted, as 
 it is abrogated by the operation of the said Act of 1870, 
 c. 418.* 
 
 than fifty dollars, one-half to the informer, and the other half to the use of 
 the State ; provided that any one feeling himself aggrieved by any such 
 judgment, shall have the right of appeal to the Circuit Court of the county 
 or the Baltimore "City Court, as the case may be, on giving bond in the 
 usual form to prosecute such appeal, and for the payment of the judgment 
 and costs if such judgment should be affirmed. 
 
 *RErEALS. — All those sections of article 4, Public Local LavFS, City of 
 Baltimore, title Inspections, from section 272 to section 567, also the follow- 
 ing acts supplementary and amendatory thereto, to wit : the act of 1861, 
 chapter 35; the acts of 1862, chapters 116,199,254, and 283; the acts of 
 1864, chapters 189, 328, 339, 346, 369 and 384 ; the acts of 1865, chapters 6, 
 165, 192 and 194; the acts of 1867, chapters 148, 241, 368 and 381 ; and the 
 acts of 1868, chapters 128, 295 and 458, relating to inspections, except sec- 
 tions 410 to 423, inclusive, and sections 458 to 474, all inclusive, and sections 
 495 to 547, inclusive, relating to tobacco, were repealed by the act of 1870, 
 c 418. 
 
 All acts and parts of acts inconsistent with tlie provisions of the act of 
 1870, c. 418 were repealed, it being the intent and purpose of that act to re- 
 peal all acts or paits of acts in any manner authorizing or directing inspec- 
 tions in this State, except such as relate to the weighing of hay and straw, 
 to the weigher of live stock and the inspection of tobacco. 
 
 Blitz V. James et. al., 31 Md. 264, construed section 481, Art. 4, P. L. L., 
 repealed by act of 1870, c. 418. The act of 1870, c. 426, repealed the act of 
 1868, c. 295, and enacted and added an article to the Public General Laws, 
 entitled Manures and Fertilizers. 
 
 Inspection of Tobacco.— The act of 1872, c. 36, repealed by implication 
 the acts of 1864, c. 346, 1867, c. 368, and 1868, c. 458 relating to inspection of 
 tobacco, so far as the same conflicted with the act of 1872, c. 36, and enacted 
 in lieu thereof a new article regulating the inspection of tobacco, and trans- 
 ferred the same from Article 4, Public Local Laws City of Baltimore, to the 
 Public General Laws. The acts of 1873, c. 228, 1874, c. 394 and 1878, c. 386, 
 amended the act of 1872, c. 36. The act of 1876, c. 316, authorized the 
 building of a new tobacco warehouse in the city of Baltimore, and the acts 
 of 1876, c. 333 and 370, provided for settlement of claims of persons con- 
 nected with tobacco warehouses, or where property was destroyed by fire 
 while stored in same ; the act of 1878, c. 47, relates to burnt tobacco ware- 
 houses, Nos. 1 and 3. 
 
Inspections, Weights and Measures. 517 
 
 Article XXVIII. — Ordinances. 
 
 INSPECTIONS.— GAS METERS. 
 
 2. Annually in the month of February there shall be No. 47, s. 2, May 
 
 2-2, '61. 
 
 appointed, as other city officers are appointed, a suitable, inspector and 
 
 11 1 • Till sealer of gas 
 
 experienced and competent person, who is not a stockholder meters appoint- 
 in or an employee of any gas company, or interested in any 
 way in the manufacture of gas meters or illuminating gas, 
 as inspector and sealer of gas meters,* who, before he enters 
 upon tlic discharge of his duties, shall give bond and security Bond, 
 to the satisfaction of the Mayor in the penal sum of one 
 thousand dollars, conditioned for the faithful discharge of 
 the duties of his office, and take an oath or affirmation before oath, 
 some officer legally qualified to administer the same, to 
 faithfully, diligently and impartially discharge the duties of 
 his office. 
 
 3. It shall be the duty of the said inspector and sealer ibi<i, .s. 2. 
 of gas meters whenever required in writing, and, on the His duties, 
 pre-payment of a fee hereinafter specified, to inspectj exam- 
 ine, test, prove and ascertain the accuracy of the registra- 
 tion of any and all gas meters, used or intended to be used 
 
 for measuring or determining the quantity of carburetted 
 hydrogen or illuminating gas, consumed by any person or 
 persons in this city ; and when i>roved to be or made correct 
 witliin the meaning of this ordinance, to stamp, seal or stamp of in- 
 
 /•i -1 spector. 
 
 mark all such meters, and each one 01 them, with some ap- 
 propriate, distinct and intelligible device, to be approved 
 by the Mayor. 
 
 4. The said inspector and sealer of gas meters is author- ibid, s. 3. 
 ized to purchase for the use of the city such apjjaratus as Apparatus. 
 will be required by him for the proving, testing and accu- 
 rate registration of gas meters in use in the city of Balti- 
 more. 
 
 * See act of 1876, c. 356, p. 480, ante. 
 
518 
 
 Inspections, Weights and Measures. 
 
 Article XXVIII. — Ordinances. 
 
 Ibid, s. 4, No. 
 77, June 8, '64. 
 To inspect and 
 prove gas 
 meters. 
 
 Fee to inspec- 
 tor. 
 
 When fee to be 
 returned. 
 
 Gas company. 
 
 5. The inspector and sealer of gas meters shall, with 
 said apparatus, inspect and prove the gas meter of any con- 
 sumer at his written request, and in his presence if he so 
 desire, upon the payment in advance to the said inspector 
 and sealer of gas meters the sum of one dollar for each and 
 every meter removed from the premises, proved, tested, 
 sealed and replaced, and if any meter on being so tested 
 shall be found to register inaccurately as defined by this 
 section to the injury of the consumer, the fee paid by said 
 consumer shall be returned, and a like amount shall be paid 
 to the inspector and sealer by the gas company, person or 
 persons whose manufacture of gas has been consumed, as a 
 remuneration for the removal, testing, correcting, sealing 
 and replacing of such meters ; and every such meter shall 
 be considered correct, and sealed accordingly, which shall 
 register quantities varying from the true standard measure 
 of gas if not more than two per centum in favor of either 
 the company or the consumer ; the apparatus used by the 
 inspector and the mode of testing practised by him to be 
 approved by the Mayor, and in all cases in which an appeal 
 from the decision of the inspector and sealer of gas meters 
 as to the accuracy of any meter tested shall be made, such 
 case shall be referred to and adjudged by a suitable person 
 to be appointed by the Mayor, and whose decision shall be 
 final. 
 
 Two per cent. 
 
 Appeal. 
 
 Referee. 
 
 Ibid, s. 5, No. 
 54, Aug. 7, '67. 
 New meter toj 
 be inspected. 
 
 6. It shall not be lawful for any new meter to be 
 furnished or put in use in this city by any gas company 
 which shall not have been previously proved to be correct, 
 and sealed by the inspector and sealer authorized by this 
 ordinance, except during such time as from any cause the 
 office shall be vacant, or said insi^ector and sealer shall, after 
 request made, refuse or neglect to prove, and if correct, seal 
 the meters furnished at his office by any gas company for 
 that purpose, and for said proving and sealing the company 
 
Inspections, Weights and Measures. 519 
 
 Article XXVIII.— Ordinances. 
 
 shall pay said officer the sura of twenty-five cents for each Penalty ai-ainst 
 and every new meter so proved and sealed as aforesaid ; any 
 gas company convicted before a justice of the peace of vio- 
 lation of the provisions of this section, shall forfeit the sum 
 of ten dollars, and a further sum of five dollars for each and Fine, 
 every day that such meters are allowed to be continued in 
 use after a notice ordering its discontinuance has been served 
 u[)on such company by the inspector and sealer of meters. 
 
 7. No meter shall be set unless it be sealed and stamped iMd, s. c- 
 in the manner required by the preceding sections. seaictUnd" 
 
 stamped. 
 
 8. It shall not be lawful for any gas company to no. 47, juiy a, 
 put in use in the city of Baltimore, any gas meter which used gas meters 
 shall have been discontinued, or any meter that has been in spected and re- 
 
 " stamped. 
 
 the use of any other consumer, unless the same has been re- 
 inspected and re-stamped by the inspector and sealer of gas 
 meters ; any gas company convicted before a justice of the 
 peace, of the violation of the provisions of this section, shall 
 forfeit the sum of ten dollars, and the further sum of five Penalty on gas 
 
 . , company, 
 
 dollars for each and every day that each of said meters are 
 
 allowed to be continued in use, after a notice has been Notice from in- 
 
 _ si>ector. 
 
 served upon such gas company by the insjjectorand sealer of 
 gas meters. 
 
 9. It shall be the duty of the insi)ector and sealer of no. 47, s. 7, May 
 gas meters, whenever he receives a written request to do so, inspector to 
 to visit the meter on the premises of any consumer of gas, 
 
 and impart to such consumer such instructions relating to instructions. 
 the proper manner of regulating the meter, or filling it with 
 water or spirits, as desired, for which services the consumer 
 shall pay to the inspector the sum of twenty-five cents. Fee. 
 
 10. The inspector and sealer of gas meters hereby author- ibid, s. 8; no. 
 
 54 Aug. 7, '67; 
 
 ized shall enter in a book prepared for him for that purpose, no. 77,ju'ne, s, 
 the date of testing, number, size, name of manufacturer, and inspector's 
 
 record. 
 
 registration of any meter proved and sealed, or condemned 
 
520 Inspectioks, Weights and Measures. 
 
 Article XXVIII. — Ordinances. 
 
 as aforesaid, and the number of premises visited for giving 
 Report. instruction, and shall make a full report thereof annually to 
 
 the Mayor and City Council, and shall receive an annual 
 Salary. Salary of five hundred dollars, to be paid as the salaries of 
 
 other city officers are paid, in addition to the fees to be 
 Fees. charged as hereinbefore prescribed, but no fees to be charged 
 
 or allowed, however, in any case where the Mayor and 
 
 Council, in their corporate capacity, are concerned. 
 
 Ibid, s. 9. 11 . If any person or persons shall counterfeit, or wilfully 
 
 counterfeitinK dcfacc the scal placcd upon any gas meters by the inspector 
 
 or defacing seal. ^ ^ *' ® _ '' \ ^ 
 
 and sealer, the person or persons so offending, on conviction 
 Penalty. beforc a justice of the peace, shall forfeit and pay the sum of 
 
 ten dollars. 
 
 ILLUMINATING GAS. 
 
 No 53,8. 1, May 12. Anuually in the month of February there shall be 
 
 inspectorof appointed, as other city officers are appointed, a suitable, 
 
 gas appointed, experienced and competent person, known as a practical 
 
 chemist, who is not a stockholder in or an employee of any 
 
 gas company, or interested in any way in the manufacture 
 
 of illuminating gas in this city, as inspector of illuminating 
 
 Gas company, gas such as is uow fumishcd by any gas company of this 
 
 city or such as may be furnished hereafter by any company, 
 
 person or persons for the same jiurpose, who, before he en- 
 
 Boudof inspec- ters upou the discharge of his duties, shall give bond, with 
 
 tor. 
 
 ajjproved security to the satisfaction of the Mayor, in the 
 penal sum of one thousand dollars, conditioned for the 
 faithful discharge of the duties of the office, and take an 
 Oath. oath c^ affirmation before any officer legally qualified to 
 
 administer the same, to faithfully, diligently and impartially 
 discharge the duties of the office. 
 
 Ibid, s. 2. 13, It shall be the duty of the said gas inspector to 
 
 Duties of in- inspcct, tcst and determine the purity and illuminating 
 
 power of the carburetted hydrogen or illuminating gas fur- 
 
Inspections, Weights and Measures. 521 
 
 Article XXVIII. — Ordinances. 
 
 nished by any gas company, person or persons in Baltimore 
 to consumers, and to report to the Mayor at least once in Report, 
 each week, in writing, the condition of said gas as to purity 
 and illuminating power, said weekly report to be published 
 at the discretion of the Mayor, in any two of the city papers, 
 to be designated by him. 
 
 14. The quality of the illuminating gas supplied by any ibid, s. a. 
 gas company, person or persons in the city of Baltimore Quality of gas. 
 shall be determined at the place where the Mayor and gas 
 inspector shall place the necessary apparatus, and shall be 
 
 with respect to its illuminating T)ower such as to produce niuminatiiig 
 
 power. 
 
 from the English parliamentary standard burner, having 
 fifteen holes and a seven inch chimney, and consuming five 
 cubic feet of gas per hour, a light equal in intensity to that 
 produced by twelve standard sperm candles of six to the 
 pound, each consuming one hundred and twenty grains of 
 sperm per hour, and such gas shall not contain more than 
 twenty grains of sulphur in any form in one hundred cubic 
 feet of gas. 
 
 15. If the carburetted hydrogen or illuminating gas sup- ibid, s. 4. 
 plied by any gas company, person or persons in the city Defective gas. 
 of Baltimore, shall be at any one time of less illuminating 
 
 power or of less purity than according to the standard estab- 
 lished by the preceding section, it shall be so reported by the 
 gas inspector, the company, person or persons so supplying 
 the same shall be subject to a penalty of one hundred dol- Penalty, 
 lars, to be recovered before any justice of the peace for the use 
 of the city, for each and every day during which such vio- 
 lation shall continue ; provided, however, that if it shall ProviBo. 
 appear that such deviation from the above named standard 
 could not have been prevented by ordinary care and pru- 
 dence, but was occasioned by some unavoidable cause, then 
 the said penalty shall not be enforced. 
 
522 Inspections, Weights and Measdues. 
 
 Article XXVIII. — Ordinances. 
 
 Ibid, s. 5. 16. The said gas inspector shall purchase for the use of 
 
 Apparatus. the citj all neccssarj apparatus and materials required for 
 
 the proper discharge of his duties, and shall place them in 
 
 such location as the Mayor and gas inspector shall deem 
 
 proper. 
 
 Ibid, 8. 6. 17. The salary of the gas inspector shall be three hun- 
 
 saiary. dred and sixty-five dollars per annum, to he paid out of the 
 
 city treasury as the salaries of other city officers are paid.* 
 
 HAY AND STRAW. 
 
 No. 33, s. GO, R. 18. Any person bringing loose hay or straw to the city 
 Sale of hay and foT salc, in wagou, cart or other carriage, and having sold 
 
 straw regulated. - in i f 
 
 the same, shall, on delivery thereof, return to the State 
 scale, and have the empty vehicle weighed, and obtain from 
 the weigh-master a receipt of the nett weight thereof, and 
 
 * The above enactments as to gas meters and illuminating gas, were au- 
 thorized by 1858, c. 417, (see also p. 480, ante,) wliich provides: that the 
 Mayor and City Council of Baltimore be authorized to establish by an ordi- 
 nance or ordinances, and therein and thereby to enforce by proper penalties, 
 an inspection and measurement of carburetted hydrogen or illuminating 
 gas, and of meters for measuring the same in that city, and also to provide 
 for the appointment of one or more inspectors and measurers, not exceeding 
 four, for that purpose, whose duties and salary or compensation, by foot or 
 otherwise, may be provided for by the said ordinance or ordinances. 
 
 That in any case in which the said inspectors and measurers, or any one 
 of them, shall have adjudged the said gas to be below a proper standard, to 
 be settled by the said ordinance or ordinances, or any meter to be defective, 
 no recovery shall be had for any bill or account for the supply of gas during 
 such deficiency of meter or inferiority of gas; and if any person or persons 
 or any incorporated company shall shut off the gas supplied to the person 
 or persons who may refuse to pay for such inferior gas, or according to the 
 measurement of such defective meter, such person or persons, or incorporat- 
 ed company, shall be liable to damages, to be trebled by the court or justice 
 of the peace before whom any action relating to the refusal to supply the 
 said gas may be brought, and that after the expiration of thirty days after 
 the rendering of any such judgment, no former recovery shall be pleaded. 
 
 For law for inspection of Illuminating Oils from petroleum or its products 
 see p. 283, &c., ante. 
 
Inspections, Weights and Measures. , 523 
 
 Article XXVIII.— Ordinances. 
 
 give the same to the purchaser of his hay or straw ; and 
 any person delivering any parcel of hay or straw to a pur- 
 chaser, of less weight than charged for, shall be fined twenty Penalty, 
 dollars for each and every oflfence. 
 
 REPORTS OF INSPECTORS. 
 
 19. Every inspector holding his appointment under this no. ss, n. o. 
 corporation, (unless otherwise directed by the ordinance inspectors to 
 
 report qnarterljr 
 
 providing for his appointment and prescribing his duties,) »° Mayor, 
 shall on the last day of March, June, September and Decem- 
 ber, in each and every year, make on oath or affirmation, as 
 the case may be, a true statement to the Mayor of the City 
 of Baltimore, of all tlie articles inspected by him in pursu- 
 ance of the duties of his office. 
 
 STREETS. 
 
 20. Such articles as are to be inspected or gauged under N0.33, s. 7, r. 
 ordinances or statutes, may be placed on the footways of any inspection of 
 
 goods on streets 
 
 of the streets, lanes or alleys of the city, such articles, how- regulated, 
 ever, to be arranged so as not to obstruct the passage through 
 the streets or over the footways from the stone or other pave- 
 ment to any house, store, cellar, or back yard, or from any 
 house, store, cellar or back yard to the pavement, without 
 the consent of the owner or occupier ; every person so of- 
 fending shall forfeit and pay the sum of five dollars. Penalty. 
 
 WEIGHTS AND MEASURES. 
 
 21 . Three persons shall be annually appointed keepers of no. 49, s. 1, r. 
 the standards of weights and measures, whose duty it shall Keepers of 
 
 ■^ . standards ap- 
 
 be safely to keep and preserve the same, and when required, pointed, 
 to deliver them to the Mayor, or such other person as he may 
 appoint to receive the same, and to perform the several duties 
 prescribed by the ordinances respecting weights and ineas- 
 
524 Inspections, Weights and Measures. 
 
 Article XXVIII. — Ordinances. 
 
 ures ; and before they shall enter upon the duties of their 
 
 Bond. appointment, they shall each give bond to the Mayor and 
 
 City Council of Baltimore, in the penal sum of one thousand 
 
 dollars, conditioned for the faithful discharge of all the 
 
 Two keepers of duties appertaining to his office. Two of the said keepers 
 
 weights and x x o ± 
 
 one keeper o7^ shall bc the kccpcrs of the standard of weights and of liquid 
 mifasuiis""^ measures, and the other of dry and long measures. 
 
 No 1, Keb. 14, 22. Thc keeper of the standards of weights and measures 
 '01 , '^ . ... 
 
 Offices. shall each keep an office in a central location, in their re- 
 
 spective districts, where they shall attend daily between the 
 hours of eight and ten A. M. 
 
 No. 33, s. I. 23. It shall be the duty of the Comptroller to T)rocure 
 
 Mar. 21, '59. . "^ ^ . ^ . 
 
 Comptroller to ouc sct of wcights and measures for the use of the appropri- 
 
 ))ro<; ure sets of . i i c i 
 
 weights and atc inspcctors, and one standard set or the same, to be kept 
 
 mea.sures. 
 
 in his office as a guide to the inspectors, and by which the 
 weights and measures of the inspectors shall be regulated. 
 
 Ibid, s. 2. 24. The standard of weights and measures to be deposited 
 
 What standard in the Comptroller's office shall be the same as the standard 
 
 shall be. ^ ^ ^ 
 
 of weigiits and measures of the United States, and' the same 
 shall be the standard for the city of Baltimore. 
 
 Ibid, s. 3. 25. It shall be the duty of each inspector to compare and 
 
 Inspectors to adjust his wcights and measures, at least once a quarter 
 
 adjust weights . , i -, . i < /v> 
 
 and measures. With tlic Standard sct HI the Comptroller's office, and any 
 inspector failing so. to do shall forfeit and pay a sum of 
 
 Penalty. twcuty dollars, to be collected as other lines and forfeitures 
 
 are now collected. 
 
 No. 4'j, S.2, R. 2H. It shall not be lawful for any person, under a penalty 
 Dimensions of of two doUars for cacli offence, to use any bushel, half bushel, 
 
 dry measures. 
 
 peck or halt peck, or quarter peck measure, unless the same 
 be of the dimensions following, to be measured from inside 
 to inside, to wit : every bushel measure shall not be less than 
 fifteen and a quarter inches in diameter at the top, fourteen 
 
Inspections, Weigh rs and Measukes. 626 
 
 Article XXVIII.— Ordinances. 
 
 and a half inches in diameter at the bottoni; twelve inches and 
 three-eigliths of an inch deep, and tlie staves three-fonrths 
 of an inch in thickness ; every half bushel measure shall not 
 he less tlian twelve and one-half inches in diameter at the 
 top, eleven and one-half inches in diameter at the bottom, 
 nine and one-half inches deep, and the staves at least one 
 inch thick ; every peck measure shall not be less than ten 
 inches in diameter at the top, nine and one-quarter inches in 
 diameter at the bottom, seven inches and five-eighths of an 
 inch deep, and the staves three-quarters of an inch thick ; 
 every half peck measure, when joined to the peck, shall not 
 be less than eight inches and five-eighths in diameter at the 
 top, and nine inches and an eighth of an inch in diameter 
 at the bottom, four and one-half inches deep, and the staves 
 five-eighths of an inch thick ; and every half peck measure, 
 when made separate from the peck, shall not be less than 
 nine inches and one-eighth of an inch in diameter at the 
 top, eight inches and five-eighths of an inch in diameter at 
 the bottom, four and one-half inches deep, and the staves 
 five-eighths of an inch thick ; every quarter peck measure 
 shall not be less than six inches and an eighth of an inch in 
 diameter at the top, and five inches and seven-eighths of an 
 inch in diameter at the bottoni, four and three-'quarter inches 
 deep, and staves one-half of an inch thick. 
 
 27. All weights and measures used within the city ofibid, s.3. 
 Baltimore in the vending of articles, shall be inspected and weights, &r., 
 
 to be slamped. 
 
 stamped, or branded by said standard keepers, under a pen- 
 alty of not exceeding twenty dollars, to be paid by the per- 
 son or persons owning or using the same, and when adjusted, 
 shall be by the f^aid standard keepers, branded or stamped 
 with the letters B. S., meaning thereby Baltimore standard, 
 in such manner and on such parts of the said weights and 
 measures as in their judgment shall be most lasting and 
 effectual in preventing and detecting fraudulent practices or 
 
526 Inspections, Weights and Measures. 
 
 Article XXVIII. — Ordinances. 
 
 impositions in the use of such weights or measures, and the 
 like inspection shall be repeated once in every year, and the 
 branding or stamping renewed when necessary, and such 
 weights and measures, so examined and stamped, or branded 
 as aforesaid, and no other, shall be used in the city of Bal- 
 timore in the vending of such articles as are directed by law 
 to be or are usually sold by weight or measure, under a pen- 
 Penaity. alty uot exceeding twenty dollars. 
 
 Ibid, 8.4. 28. All dry measures shall be inspected and branded 
 
 stamp lor dry agreeably to the provisions of the preceding section, except 
 
 that, in lieu of the letters B. S., they shall be branded with 
 
 letters, Baltimore standard ; and any person or persons con- 
 
 Penaityfor victcd of Counterfeiting said brand, or of branding on any 
 
 counterfeiting. 
 
 measure any other letters for the purj^ose of deception, shall 
 forfeit and pay for every such oifence ten dollars. 
 
 Ibid, s. 5. 29. All scale beams used in the vending of articles in the 
 
 Scale beams to city of Baltimore shall be inspected and stamped by the 
 
 be stamped. ^ _ , . 
 
 keeper of the standard of weights, as weights are directed 
 to be stamped ; and any person offending herein shall forfeit 
 Penalty. and pay a sum not exceeding twenty dollars for each and 
 
 every offence. 
 
 Ibid, 9. 6. 30. All patent balances, platforms or scales used in the 
 
 Patent balances Said city for Weighing by venders of articles, shall be in- 
 
 &c., to be 1 1 p 1 1 
 
 stamped and sDcctcd and Stamped or branded by the keeper of the stand- 
 
 inspected once ^ '■ 
 
 in each year, ^rd of wcights and mcasurcs, as is provided for with regard 
 to weights and other scales or balances, and upon the weights 
 used in weighing therewith by having stamped upon them 
 the letters B. S., in such manner and on such part thereof 
 as in the judgment of the standard keeper of weights and 
 measures will be most lasting and effectual in preventing 
 and detecting fraudulent practices or impositions in the use 
 thereof, and the like inspection shall be repeated once in 
 every year, and the branding renewed when necessary ; and 
 
Inspections, Weights and Measures. 52t 
 
 Article XXVIII.— Ordinances. 
 
 every person using a patent balance, platform or scales in 
 
 the city not stamped as herein directed, sliall forfeit and pay 
 
 a sum not exceeding twenty dollars for each and every such Penalty. 
 
 offence. 
 
 31 . If, upon examination, the standard keeper of weights iwd, s. 7. 
 and measures shall find any ])atent balance, platform or when found 
 
 untrue to be 
 
 scales untrue, it shall be condemed by him, whereupon he couuemneu. 
 shall stamp or brand upon it the word " condemned ; " and 
 any person or persons who shall afterwards use such con- 
 demned patent balance, platform or scales until the same Penalty ror 
 
 usini; con- 
 
 shall have been re-adjusted, stamped and branded by the ^|™J^*'^'""»i""- 
 keeper of the standard of weights and measures, shall each 
 forfeit and pay for each offence, a sum not exceeding twenty 
 dollars * 
 
 32. If any weight or measure which shall have been iwd, s. 8. 
 branded or stamped, agreeably to the provisions of this ordi- Penalty for 
 
 * ' ° *' '■ usiUL' altered 
 
 nance shall be broken, injured, altered or changed, or con- weights, &c. 
 demned by the standard keeper, and found thereafter in the 
 use of any person within the city of Baltimore, every such 
 person shall forfeit and pay twenty dollars for every such 
 offence. 
 
 33. The standard keepers shall respectively have and re- iwd, s. 9. 
 ceive as a com])ensation for the discharge of the duties re- Fees of stand- 
 
 _ ard keepers. 
 
 quired of them, the folh)wing sums, to wit: — For every 
 bushel measure, eighteen cents ; for every half bushel, peck 
 and half peck measure, twelve cents ; for every five gallon 
 measure, twelve cents ; for every half gallon, quart, pint, 
 half pint, gill or half gill measure, six cents ; for ever fifty- 
 six pounds or fifty pounds weight, six cents ; for every 
 twenty-eight, twenty-five, fourteen or seven pounds weight, 
 five cents ; for every set of weights, from four pounds to half 
 
 * See case on p. 273, ante. 
 
528 Inspections, Weights and Measures. 
 
 Article XXVIII. — Ordinances. 
 
 an ounce, twenty-five cents ; for every single weight under 
 seven pounds, four cents ; for every yard measure, six cents ; 
 for stamping every scale beam not exceeding eighteen inclies, 
 twelve cents ; if above eighteen inches, twenty-five cents ; 
 for inspecting patent balances, platforms or scales, with 
 their weights, which weigh less than one hundred pounds, 
 fifty cents ; if over one hundred pounds and less than one 
 thousand pounds, seventy-five cents ; if above one thousand 
 pounds, one dollar ; and all patent balance platforms, or 
 other patent weighing apparatus^ shall be tested to the 
 amount of the capacity which they are calculated to weigh. 
 
 No. 38, 3. 1, 34. It shall be the duty of the inspector of long and drj^ 
 
 June li, ':.8. , . . . . 
 
 To inspect once mcasures, and the inspectors of weights and liquid measures, 
 
 a year and no . , ^ 
 
 oitener. to iuspcct all articlcs which are provided for to be inspected 
 
 by them, once a year, and no oftener ; the inspection year to 
 date from the first day of March in each and every year, and 
 end with the last day of February ensuing. 
 
 Ibid, s. 2. o5. For a violation of the provisions of the preceding 
 
 Penalty. scctiou, tlic iuspcctors SO violating shall, on conviction 
 
 thereof before any justice of the peace, forfeit and pay the 
 
 sura of twenty dollars for each and every violation, half of 
 
 the fine to go to the informer. 
 
 No, 49, 8. 10, R. 36. The keepers of the standards of weights and measures 
 
 o. , 
 
 To visit mar- shall attend at the different markets, warehouses, stores and 
 
 to inspect ' ■' shops witliiu the city, at least once in each and every year, 
 as provided in preceding two sections, and shall inspect and 
 adjust all beams and scales, weights and measures therein 
 used or intended to be used ; and each of them shall keep a 
 
 Books to be book in virhich he shall register the names of the persons 
 whose beams and scales, weights and measures he has so 
 adjusted, together with the day of the month and year, and 
 the number and description of the same so adjusted, which 
 
Inspections, Weights and Measures, 529 
 
 Article XXVIII.— Ordinances. 
 
 book he shall submit to the inspection of the Mayor once in 
 every year, or oftener, if the Mayor shall require it, 
 
 37. If any person or persons shall refuse or neglect toiwa.s. ii. 
 have his, her or their beams and scales, weights and patent Penalty for re- 
 
 ' . fusal to allow 
 
 balances, and measures, inspected and adjusted as aforesaid, inspection, 
 when required so to do by the proper officer, he, she or they 
 shall forfeit and pay five dollars for every day during such 
 delinquency ; and if any of the said inspectors, or any of the 
 clerks of the markets, are informed or have reason to suspect 
 that any person or persons are using or have in their posses- 
 sion, with a fraudulent intention, any false beams, scales, 
 weights, patent balances or measures, it shall be their duty. Duties of in- 
 
 . spectora and 
 
 and they are hereby autliorized to examine the same, and if j-Wksof m»r- 
 they find them, or either of them, false, to seize the same as a 
 forfeiture, and after having the same adjusted, to sell them 
 at public auction. 
 
 38. The standard keepers shall return upon oath or affir- iwd, s. 12. 
 mation to the Register, annually, a statement of the money Annual return 
 
 ' • 1 n nil' Ml*" Register. 
 
 they may receive in the performance of the duties prescribed 
 by this ordinance, and the Mayor shall divide the city into 
 two districts, to be called the eastern and western districts. 
 
 39. Whenever any one of the standard keepers aforesaid, ibid, s. 13. 
 
 shall be applied unto to adjust scales, weights and measures, Additional com- 
 pensation, 
 by adding to or diminishing the same, or to adjust scale 
 
 beams or patent balances, he shall be allowed a reasonable 
 
 compensation therefor, in addition to the fees of office he is 
 
 hereby authorized to receive, 
 
 CHARCOAL. 
 
 40. One person well skilled in the quality and measure no. 50,8. i,r. 
 of charcoal shall be annually appointed, as other city officers Measurer of 
 
 „ _, , . charcoal ap- 
 
 are, to measure all charcoal brought to the city 01 Jialti- pointed. 
 more for sale ; and the said measurer shall, with the appro- 
 
530 Inspections, Weights and Measukes. 
 
 Article XXVIII. — Ordinances. 
 
 Deputies. batioD of the Mayor, have power to appoint one or more 
 deputies ; the said measurer being responsible for the official 
 acts of said deputy or deputies ; and the said measurer and 
 each of his deputies, before entering upon the duties of his 
 
 Oath. office, shall make oath or affirmation before the Mayor that 
 
 he will faithfully execute the duties of his office according to 
 the best of his knowledge and ability. 
 
 Ibid, s. 2. 41. The Mayor shall designate stands for the measure- 
 
 Mayor todesig- ment of charcoal, and establish such and so many as in his 
 
 nate stands. . . 
 
 judgment the public convenience may require, 
 ibid.ss. 3, 4, 42. All charcoal brought to the city of Baltimore for 
 
 No. 19, Apl. 17, 11, .1 
 
 'CO. sale shall be measured by the person or persons appointed 
 
 Charcoal to be to mcasurc the same, who shall give to the seller a certificate 
 
 measured. t* t 
 
 of the quantity thereof; and for each certificate shall be 
 entitled to receive twenty-five cents, if the quantity do not 
 exceed twenty-five bushels ; thirty-seven and a half cents, if 
 more than twenty-five and less than fifty bushels ; and fifty 
 cents, if more than fifty bushels. It shall not be lawful ior 
 any person or jiersons, except as mentioned in the succeed 
 ing section, to sell or offer for sale any charcoal within 
 the limits of the city of Baltimore, without first having 
 the same inspected in accordance with the above provi- 
 Penaity. sious, uudcr a penalty of five dollars for each and every 
 
 offence, to be collected as other fines and forfeitures are 
 collected. 
 
 No. 43, May 7, 43. The rctailcrs of charcoal bringing the same into the 
 
 '61. . . . . 
 
 Retailers of city of Baltimore for the purpose of retailing it by the 
 
 charcoal 
 
 exempt. bushcl or the barrel, shall not be required to have the same 
 
 measured, under the provisions of the preceding section. 
 
 No. 48, May 22, 44. Tiic mcasurcr of charcoal shall estimate and allow 
 
 '61. 
 
 Standard for for cacli bushel of charcoal measured by him, twenty -seven 
 
 measuring. i i i i ,. 
 
 hundred and forty-seven seventy one-hundredths cubic 
 inches, making full allowance for a cone or heaped measure. 
 
Inspections, Weights and Measuees. 531 
 
 Article XXVIII— Ordinances. 
 
 45. No measurer of charcoal shall, either directly or in- no. so, s. 5,r. 
 directly, be concerned in the purchase or sale of charcoal. Measurer not 
 
 to deal in char- 
 
 under the penalty of twenty dollars for each and every coai. 
 offence. 
 
 46. If any person bringing charcoal to the city for sale, iwd, «. e. 
 in any wagon, cart, or other carriage, shall practice any de- Penalty for 
 
 . fraud. 
 
 Vice or iVaud to deceive in quantity, the driver of sucli wagon, . 
 cart, or other carriage, shall forfeit and pay ten dollars for 
 each and every oifence. 
 
 47. Any person may retail charcoal out of any wagon, ibid, ». 7. 
 cart, or other carriage, in any of the streets, lanes or alleys Retailing char- 
 in the city, by applying to the Comptroller for a license to License, 
 that effect, for which the person so applying shall pay two 
 
 dollars ; and if any person shall sell or offer for sale char- 
 coal, by retail, without first obtaining such license, he shall Penalty, 
 forfeit and pay for every such offence two dollars. 
 
 COAL. 
 
 48. It shall not be lawful for any person or persons tONo. 69,h.o. 
 sell anthracite or other coal, except bituminous, in any other Anthracite coai 
 
 , to be sold by 
 
 way than by the ton, half ton, quarter ton, or fraction of a the tonoia,24o 
 ton, as established by law, which is 2,240 pounds, under a 
 penalty of ten dollars for each and every offence ; and should Penalty, 
 it be deficient in weight at the time of delivery, an additional 
 penalty of ten dollars for each and every offence ; provided, 
 that nothing herein contained shall prevent the selling of a proviso, 
 single bushel, half bushel or peck of coal. 
 
 FIREWOOD. 
 
 49. It shall not be lawful for any person or persons to no. 33, s. 37, b. 
 sell, or offer for sale, in any of the streets, lanes, alleys or saie of firewood 
 
 regulated. 
 
 highways of the city, any firewood, otherwise than by the 
 
532 
 
 Inspections, Weights and Measures. 
 
 Article XXVIII. — Ordinances. 
 
 cord, half, quarter or eighth of a cord ; * and every person 
 oifending herein, or delivering any quantity or parcel of fire- 
 wood to a i^erson of less measurement than he has sold or 
 offered for sale, shall for each and every offence pay a fine of 
 five dollars for each load ; provided, nothing herein contained 
 shall be so construed as to prevent persons from selling 
 wood b}^ tbe armful, or loads of chips or brush. 
 
 Penalty. 
 Proviso. 
 
 ICE. 
 
 No. 6],s. 1, R. 50. All ice exposed for sale in the city shall he sold by 
 Ice to be sold Weight, cxcept in such cases where it mav he otherwise 
 
 by weight. o i . ^ 
 
 agreed upon between the buyer and seller ; and it shall be 
 the duty of all sellers of ice to be furnished, at the time of 
 delivery, with a suitable steelyard, balance, or other appa- 
 ratus for weighing, duly adjusted and stamped, as provided 
 by ordinance, with which to weigh the quantity of ice sold, 
 if required by the buyer. 
 
 Ibid, as. a, 3. 
 
 Standard 
 weight. 
 
 Penalty. 
 
 5 I . The standard weight of the bushel of ice shall be 
 held and taken at sixty pounds avoirdupois, and of smaller 
 measures in proportion. The penalty for each and every 
 violation of this and the preceding section shall be five dol- 
 lars. 
 
 * See sees. 101-105, p. 509, &c., ante. 
 
Jail. 
 
 533 
 
 Article XXIX. 
 
 ARTICLE XXIX. 
 
 JAIL. 
 
 STATUTES . 
 
 19, 
 
 Mayor and Council to appoint vis- I 20. 
 
 itors: their powers and duties: j 
 
 ordinance to be passed : effect 21. 
 
 of same: provisos. 22. 
 
 Title to property: powers and 23. 
 
 privileges. j 24. 
 
 Oath of visitors. I 
 
 Three to form a quorum. 
 Election of president and secre- 25. 
 
 tary. 
 Their duties.. 26. 
 
 Times of meeting. 
 Power to make by-laws and visit 27. 
 
 jail. 
 To provide for prisoners and re- ' 28. 
 
 pair jail. 
 To keep criminals separate from 29. 
 
 persons waiting trial : labor. 
 To require vagrants to work. 
 May employ and pay others by 
 
 consent. 30. 
 
 To keep accounts of expenses. 31. 
 Appointment and duties of war- 
 den. 32. 
 Pay and fees of warden : appeal. 33. 
 Bond of warden. 
 Oath. 
 Visitors to prescribe number of 
 
 assistants: warden to appoint | 34. 
 
 and remove. I 
 
 Commitments to be directed to 35. 
 
 warden. 
 
 To conduct prisoners to and from 
 court. 
 
 To account for all jail fees. 
 
 His compensation. 
 
 May be removed by visitors. 
 
 Visitors to report expenses annu- 
 ally to Mayor and City Coun- 
 cil. 
 
 Warden not to sell liquors, and 
 penalty for so doing. 
 
 No liquors to be brought into 
 jail. 
 
 No person except attorneys, «&c., 
 to visit prisoners. 
 
 Penalty against warden for 
 bringing liquor into jail. 
 
 Penalty against assistants, &c., 
 for bringing liquor into jail or 
 admitting unauthorized per- 
 sons. 
 
 Labor. 
 
 Prisoners to be kept on prison 
 fare. 
 
 Who to visit condemned persons. 
 
 Persons under sentence of death: 
 how to be treated. 
 
 CONVICTS. 
 
 Convicts to be kept at hard 
 
 labor. 
 To be kept separate from persons 
 
 awaiting trial, &c. 
 
534 
 
 Jail. 
 
 Article XXIX.— Statutes. 
 
 VAGRANTS, &C. 
 
 36. Warden to send list of vagrants 
 to criminal court: justices' 
 costs. 
 
 ORDINANCE. 
 
 Five visitors of the jail appointed : 
 their duties. 
 
 STATUTES 
 
 1868, c. 3. 
 
 Mayor and 
 Council to ap- 
 point visitors 
 or superintend- 
 ents. 
 
 Proviso. 
 
 Powers and 
 duties of visi- 
 tors. 
 
 Proviso. 
 
 Ordinance to be 
 passed. 
 
 Effect of same. 
 
 Ibid, g. 2. 
 
 Title to prop- 
 erty. 
 
 Powers and 
 privileges. 
 
 1. The Mayor and City Council have power to provide 
 by ordinance for the appointment, as other city officeis are 
 appointed, of Visitors or other Superintendents of the Jail 
 of said city, and to prescribe the powers and duties of such 
 visitors or superintendents ; provided, that until the Mayor 
 and City Council of Baltimore shall have acted in the pre- 
 mises, the powers and duties of the Visitors of the Jail of 
 Baltimore City shall be such as are prescribed by the sec- 
 tions of this article ; and provided further, that when the 
 said Mayor and City Council shall have by ordinance pre- 
 scribed the powers and duties of tlie Visitors of the Jail of 
 Baltimore City, then, and in that event, the operation of 
 the sections of this article, from section 4 to section 33, 
 inclusive, shall cease, and the said sections, from section 4 
 to section 33, inclusive, shall be ipso facto repealed. 
 
 2. All titles to property of any and every kind now held 
 by the Visitors of the Jail of Baltimore City, shall be and 
 they are hereby transferred to and vested in the Mayor and 
 City Council of Baltimore, to all intents and purposes, and 
 all powers and privileges heretofore conferred upon the said 
 Visitors of the Jail of Baltimore City, shall be and they are 
 hereby conferred upon the Mayor and City Council alore- 
 said. 
 
 Ibid, s. 3. 3. Each visitor so apj»ointed shall, before he proceeds to 
 
 vifitor'soath. act, take and subscribe before the Mayor the oatli of office 
 
Jail. 535 
 
 Article XXIX.— Statutes. 
 
 prescribed in the sixth section of the first article of the 
 iK_ constitution.* 
 
 4. Three Visitors shall at any time form a quorum for p. l. l., art. 4, 
 
 86C 571 
 
 the transaction of business. Quorum. 
 
 5. They shall choose annually, at their first meeting in ibid, sec. 572, 
 the month of April, or at some subsequent meeting, a President and 
 president and secretary from among the members of the 
 
 board. 
 
 6. The presiilerit shall preside at all meetings of the iwd, sec. 573. 
 board; the secretary slial I keep the minutes of their pro- Duties, 
 ceedings. 
 
 7. They shall meet on the first Tuesday of every month, iwd, sec 574. 
 
 or at such other times as they may direct ; special meetings Time of meet- 
 ing, 
 may be called at any time by the president or any two mem- 
 bers, on giving three days' notice in writing to the members. 
 
 8. They shall have full power and authority as often as iwd, sec. 575. 
 they may deem it necessary to visit the jail, and the prison- Power to make 
 
 •' "' •' J ' 1 ^ by-laws and 
 
 ers confined therein ; to make by-laws for the internal police visitjaii. 
 and good government thereof, and for the preservation of 
 the building.s and other property. 
 
 9. Tliey shall regulate and i)rovide the diet of the ibid, sec. 576. 
 prisoners, procure necessary bedding and clothing 'or their To provide for 
 
 _ _ prisoners and 
 
 use ; make such repairs, alterations aud improvements in repairjau. 
 
 * This act of 1868, c. 3, repealed sections 567, 568, 569, and 570, of Art. 4 
 of P. L. L., and substituted the above for sections 567, 568 and 569. The 
 oath of office referred to is as follows : 
 
 I, , do swear, (or affirm,) that I will support the constitution of the 
 
 United States, aud that I will be faithful and bear true allegiance to the 
 State of Maryland, and support the constitution and laws thereof; and that 
 I will, to the best of my skill and judgment, diligently and faithfully, with- 
 out partiality or prejudice, execute the office of according to the 
 
 constitution and laws of this State. 
 
536 
 
 Jail. 
 
 Article XXIX.— Statutes. 
 
 and about the jail as they may deem necessary, and provide 
 medicines and attendance for such of the prisoners as are 
 sick. 
 
 Ibid, sec. 577. 
 
 To keep crimi- 
 nals separate 
 from persons 
 awaiting trial. 
 
 Labor. 
 
 Ibid, sec. 578. 
 Vagrants to 
 worli. 
 
 Ibid, sec. 579. 
 
 May employ 
 and pay others 
 by consent. 
 
 Ibid, sec. 580. 
 
 To keep ac- 
 counts of ex- 
 penses. 
 
 Ibid, sec. 581. 
 Warden . 
 Duties. 
 
 Ibid, sec. 583. 
 
 Pay and fees of 
 warden. 
 
 10. They shall keep atl persons confined in said jail by 
 sentence of a court for offences punished by confinement 
 therein at hard labor in some useful employment, and 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. 
 
 11. They shall also require all vagrants confined in said 
 jail to w^ork ana labor about the premises. 
 
 12. They may, with their consent, employ other persons 
 confined therein in such work and labor in and about the 
 premises as may be consistent with their safe keeping, 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. 
 
 13. They 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. 
 
 14. They shall appoint a fit person as warden of the 
 jail of Baltimore city, who shall take charge of the prison 
 and prisoners therein, and exercise during his continuance 
 in office the same powers and be subject to the same penal- 
 ties and forfeitures, and be responsible for escapes, in the 
 same manner and to the same extent as tlie sheriff's of the 
 respective counties, and shall perform such other duties as 
 shall be required of him by said Visitors. 
 
 15. He shall be entitled to collect and leceive in his own 
 name, but for the use of the Visitors, all jail fees ; and in 
 case of dispute between the warden and any pri.soner, or the 
 master of any apprentice, in relation to the amount of fees 
 
Jail. 537 
 
 Article XXIX.— Statutes. 
 
 dem.aiided by the warden, which shall be the subject of con- 
 test before a justice of the peace for said city ; either party 
 against whom judgment shall be given, whatever may be 
 the amount in dispute, may ai)peal to the Baltimore City Appeal. 
 Court. 
 
 16. The said warden shall, before he enters upon the ibia, sec. ssa. 
 duties of his office, give bond to tlie State, with at least two Bond of warden, 
 securities, to be approved by the Visitors, in the penalty of 
 
 ten thousand dollars, conditioned for the laithful perform- 
 ance of his duty as warden, and for the safe keeping of all 
 such persons as shall be committed by legal authority to the 
 jail of Baltimore city ; which bond shall be filed and re- 
 corded in the Criminal Couit of Baltimore. 
 
 17. He shall also take and subscribe an oath that he will ibid, sec. 584. 
 duly and faithfully execute the duties and trusts, and exer- Hiscith. 
 cise the powers committed to and vested in him as warden 
 
 of the jail oi' Baltimore city, 
 
 18. The Visitors shall prescribe the number and duties iwd, sec. sss. 
 of the assistants who may be necessary to be employed by visitors to nre- 
 
 * "^ 1. » 8crib<: number 
 
 said warden, but the wa-den shall have the apl'<^intment ^f^'ssist^nts^^ 
 and removal of such assistants, subject to the approval of P|'o"e.'""^ '^*' 
 the Visitors. 
 
 19. All commitments of prisoners to the jail of Balti- ibid, sec. see. 
 more city shall be directed to the warden of said jail, whose commitments 
 
 •' to be directed 
 
 duty it shall be to receive the prisoners from the officers '"«'■''''">• 
 having them in charge. 
 
 so 
 
 20. He shall conduct all prisoners in his custody to and ibid, sec. ssr. 
 
 rrom court. 
 
 from the courts, when the said courts shall direct him to do To conduct 
 
 ' prisoners (o ana 
 
 ^See further under article XIV, Courts, p. 203, &c., ante. 
 
538 Jail. 
 
 Article XXIX.— Statutes. 
 
 Ibid, sec. 588. 21. He shall account with the Visit(»rs for all sums of 
 To account for monej wliicli he may collect as jail fees for prisoners con- 
 
 JAil lees. 
 
 fined in the jail, or from any other source connected with 
 the institution. 
 
 Ibid, sec. 589. 22. The Visitors shall allow such compensation to the 
 Hiscompensa- Warden and his assistants as they may think reasonable and 
 
 tiou. 
 
 proper. 
 Ibid, sec. 590. 23. They may, at their will and pleasure, remove said 
 
 May he removed i r m i • i • i ■ i 
 
 by visitors. wapcleu iroiii oiiice and appoint another in his stead. 
 
 Ibid, sec. 591. 24. They shall annually make out and lay beft)re the 
 Visitors to re- Mayor and City Council, a full statement of all the public 
 
 port annually 
 
 to Mayor and mouey reccivcd by them from the Register of the said city, 
 
 Council expeii- j j o ^ ' 
 
 sesof jail. Qj. fYotn any other source, and the manner in which it has 
 been expended, with an estimate of what will be necessary 
 for the following year, which estimate shall be levied on 
 the property in said city and paid to the Visitors. 
 
 Ibid, spc. 59J. 25. No warden, or any person by him employed, shall 
 Warden notto kccf) a tavcm for thc sale of spirituous liquors within the 
 
 sell liquor. 
 
 said jail, or within one-eighth of a mile of the limits there- 
 of; and if the warden, or any person by him employed, shall, 
 either by themselves or others, dispose of, sell or retail, or 
 be concerned with others in the disposal, sale or retailing 
 of any spirituous liquors of any kind to any [lerson or per- 
 sons coming to said jail on a visit, or to any prisoner or 
 prisoners confined therein, he shall forfeit and pay the sum 
 Penalty. of twenty dollars, to be recovered by indictment and ap- 
 
 plied to the use of the city. 
 
 Ibid. sec. 593. 20. No cldcr, beer, wine-, brandy, rum, whiskey, or other 
 No liquors to be spirituous liouor, shall be brought within the jail lot by any 
 
 brougut into 
 
 j"i- warden or othtr person having charge thereof, or by any 
 
 prisoner, visitor_, or any other person, except by order of 
 the attending physician or physicians thereof, and except 
 
Jail. 539 
 
 Article XXIX.— Statutes. 
 
 such small quantities as may be ab.solutely wanted to be 
 consumed by the warden and his family and a-ssistants. 
 
 27. No person except the attorney or attorneys of a pris- iMd, sec, 594, 
 oner shall be permitted to visit a prisoner or prisoners within No persons ex- 
 
 .,.., 1 . , , •!!• K t cept attorneys, 
 
 said jail or lot, unless by special license irom the warden, &c.. to visit 
 
 ' prlsoiierg. 
 
 or some judge or justice, or other person legally authorized 
 tu give the same. 
 
 28. If any warden shall introduce, or suffer to be intro- ibw, sec. 595. 
 diiced, within the jail lot knowing it to be done contrary to penalty aKainst 
 law, any such spirituous liquors, he shall forfeit and pay bringinB liquor 
 the sum of one hundred dollars for each and every offence, 
 
 to be recovered by indictment, one-half to the informer and 
 the other half to the use of said city. 
 
 29. If any assistant warden, or other person having iMd, sec. 596. 
 charge of said prison or prison lot, shall introduce any such penalty against 
 
 .. -,. /vi 1 • 111 • assistant war- 
 
 .suirituous liquors, or suffer them to be introduced, knowing <i.;n, ic, for 
 
 , 'CI brinKi"B liquor 
 
 it to be done contrary to law ; or sliall admit any person or jntojaiiorad- 
 
 •' ■ •> I mtttuiK iinau- 
 
 persons (with the exception of the attorney of a person con- so",s'^*'* ''^''" 
 fined iu said pri.son,) to enter said jail or lot without license 
 us aforesaid, each and every of them so offending shall be 
 suspended from his office, and be incapable of holding any 
 office or charge within said prison or lot lor the space of one 
 year thereafter. 
 
 30. All persons convicted of offences in the Criminal ibid, sec. 597. 
 Court of Baltimore, and who are sentenced to imprisonment Labor. 
 
 iu Baltimore city jail, shall be put to and required to labor 
 during such confinement. 
 
 31. All persons hereafter sentenced to be imj)risoned in ibid, sec. 59R. 
 in] jail for offences by the said court shall be kef 
 re, and not be allowed any other 'bod or drint 
 the written direction of the physician of" the jail. 
 
 said jail for offences by the said court shall be kept on prison prisoners to be 
 
 ^' kept on prison 
 
 fare, and not be allowed any other 'bod or drink, unless by fare. 
 
540 Jail. 
 
 Article XXIX.— Statutes. 
 
 Ibid, sec. 599. 32. No adtiiission of visitors shall be allowed to condemae( 
 Who to visit prisoners durinsr their confinement, except the official visitor 
 
 condemned 
 
 prisoners. of \]^q jajl^ ministers of the gospel, physicians and lega 
 
 counsel. 
 Ibid, sec. 600. 33. Nothing contained in the last three preceding sec 
 How prisoners tions shall apply to prisoners in the said jail who are unde 
 
 under sentence 
 
 of death to be scntcnce of death. 
 
 treated . 
 
 CONVICTS. 
 
 fec^isV.' "' ^' ^4- ^11 persons confined in the jail of Baltimore city fo 
 
 kept' af hard ''^ offcnces punished by confinement in said jail shall, afte 
 
 * *"^' conviction, be kept occupied at hard labor in some usefu 
 
 employment, and the Visitors of the said jail shall frami 
 
 Regulations, gu^h regulations as may be necessary to the industry, quie 
 
 and discipline of the persons confined in said jail who maj 
 
 have been convicted of any offences punishable as aforesaic 
 
 by confinement, and ordered to be confined therein. 
 
 Ibid, sec. 159. 35, All pcrsons confined in said jail under the provisions 
 To be kept of the preceding section shall be kept separate from suet 
 
 separate from . _ . . • i p i 
 
 persons await- persoHS as are in confinement awaiting trial, or tor other 
 
 ing trial, &c. '^ . 
 
 offences. 
 
 VAGRANTS, &c. 
 
 1862, c. 8. 36. The warden of the jail of the city of Baltimore 
 
 Warden to send shall prepare and send to the judge of the Criminal Court 
 to Criminal ' of Baltimore, on each and every Saturday, a full and com- 
 
 Court. 
 
 plete 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 commitment, and upon examination of the various 
 cases so reported to him by the warden of the jail as afore- 
 said, he shall discharge or recommit the said parties for a 
 term not to exceed six months, as in his discretion may bo 
 most conducive to the preservation of public peace and order. 
 
Jail. 541 
 
 Article XXIX. — Ordinance. 
 
 The justices of the peace of the city of Baltimore are hereby justices' costs- 
 prohibited from charging costs in the cases above named, 
 unless the parties are recommitted by order of the judge of 
 Hiiid court.* 
 
 ORDINANCE. 
 
 There shall be annually appointed, in the month of No. 45, May le, 
 February, as other city officers aie appointed, five discreet rive visitors of 
 
 . . 1 T -1 p the jail ap- 
 
 ])ersons, to be known as or called the Visitors oi the Jail of poi'>'ed. 
 I'.altiraore City, whose duties shall be such as are prescribed Their duties, 
 in sections. Statutes, of this article. f 
 
 * See art. LII, Vagrants. 
 
 tThe present jail was erected under the provisions of ordinances No. 42, 
 May 23, '51, No. 20, Apl. 20, '58, No. 28, May 31, '58 No. 13, Feb. 4, '59, No. 
 17, Feb. 18, '59, No. 7, Mar. 26, '61. See as to contract for building jail, 
 Mayoi\ d-c, v. Reynolds, 20 Md. 1. 
 
542 
 
 Jones' Falls. 
 
 Article XXX. 
 
 AllTICLE XXX. 
 
 JONES' FALLS. 
 
 STATUTES 
 
 IMPROVEMENT. 
 
 1. Jones' Falls to be improved. 
 
 2. Mayor, &c., may acquire neces- 
 
 sary property : may assess 
 damages and benefits: other 
 powers. 
 
 3. Limits of Jones' Falls to be de- 
 
 fined: title to land, wharves, 
 &c. 
 
 4. Mayor, &c., may change grades 
 
 of streets. 
 
 5. May provide for expenses. 
 
 6. What sections of public local 
 
 law not applicable : proviso. 
 
 7. Ordinance confirmed. 
 
 STOCK. 
 
 8. Authority to issue bonds: ordi- 
 
 nances: proviso. 
 
 9. Authority to issue additional 
 
 bonds. 
 
 10. Registered or coupon bonds. 
 
 WALLS. 
 
 11. Owners of property binding on 
 
 Jones' Falls to build walls : re- 
 building or repairing walls: 
 costs, lien. 
 
 ORDINANCES 
 
 IMPROVEMENT. 
 
 Regrading, &c., streets in flooded 
 district: grades. 
 
 Excavation, &c., of Jones' Falls : 
 authority of Mayor and City 
 Commissioner. 
 
 Purchase or condemnation : ap- 
 peal. 
 
 Sewer. 
 
 Appropriation. 
 
 Powers of Mayor and City Com- 
 missioner. 
 
 Preference to home work and 
 material. 
 
 Surrender of property by own- 
 
 ers : purchase or condemna- 
 tion : appeal. 
 9. Plans and proposals for bridges 
 over Jones' Falls : work to be 
 done by Baltimore mechanics 
 and workmen. 
 
 10. Overflow of falls : duty of City 
 
 Commissioner: Register to pay. 
 
 STOCK. 
 
 11. Issue to amount of 2,500,000. 
 
 12. How bonds to be issued. 
 
 WALLS. 
 
 13. Building, repairing, &c., walls. 
 
 14. Refusal or neglect : duty of City 
 
 Commissioner ; cost : a lien. 
 
Jones' Falls. 543 
 
 Article XXX.— Statutes. 
 
 STATUTES. 
 IMPROVEMENT. 
 
 1. The Mayor and City Council of Baltimore are hereby isto, c us. 
 authorized and empowered to make such improvements in eon- Jonea' Fails to 
 
 _ • ' be improved. 
 
 nection with Jones' Falls as in the judgment of the Mayor and 
 City Council of Baltimore are desirable ; and for this purpose 
 to change the course, lines and boundaries of the said stream, 
 in whole or in part; to widen and deepen the same; to lay 
 out and construct on the sides of and adjacent to the said 
 stream, streets, avenues and wharves: to construct all such 
 sewers and drains in said city as shall be deemed requisite in 
 connection with the said improvement; and generally to do 
 all sueli things and exercise all such powers as, in the judg- 
 ment of the said Mayor and City Council of Baltimore, shall 
 be necessary to be done and exercised for the accomplishment 
 of any plan or plans for the improvement of Jones' Falls, 
 which have been or may be adopted by the said Mayor and 
 City Council of Baltimore. 
 
 2. The Mayor and City Council of Baltimore shall have ibid, s. 2. 
 the power at any time to acquire all property of every kind Mayor, &c., 
 
 . , , , ' r I J ^ may acquire ne- 
 
 and description which it may be necessary or advisable, in the c^ssary prop- 
 judgment of the said Mayor and City Council of Baltimore, 
 to acquire for the accomplishment of the purposes mentioned 
 in the lirst section of this act, 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 also to ascertain whether any and what amount, 
 in value, of damages will be caused by the construction of the 
 aforesaid works of improvement in connection with Jones' 
 Falls, or any of them, to the owner or possessor of any prop- 
 erty, or rights of property, within the said city, for which said 
 owner or possessor ought to be compensated ; and also to 
 
544 
 
 Joneb' Falls. 
 
 Article XXX. — Statutes. 
 
 Alay ussess 
 damages and 
 beneiits. 
 
 Other powers. 
 
 ascertain what amount of benefits will be caused by the con- 
 struction of the aforesaid works of improvement, or any of 
 them, to the owner or possessor of any property, or rights of 
 property, within the said city, for which such owner or posses- 
 sor ought to pay a compensation ; and to provide for assessing 
 and levying, either generally on the whole assessable property 
 of said city, or specially on the property of persons benefitted 
 the whole or any part of the amount of damages and expenses 
 which shall be ascertained will be incurred in constructing 
 such works in connection with the improvement of Jones' 
 Falls as the said Mayor and City Council of Baltimore liave 
 determined or shall determine to make; to provide for grant- 
 ing appeals to the Baltimore City Court from the decisions of 
 any commissioners, or other persons appointed in 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 ac- 
 crue by the construction of the aforesaid works of improve- 
 ment ; and to secure to every owner or possessor of any prop- 
 erty, or right to property, which the said Mayor and City 
 Council thus purpose to acquire, or which may be thus de- 
 cided to be damaged or benefitted, the right, on application 
 within a time to be prescribed by any ordinance of said Mayor 
 and City Council, to have decided by a jury trial the true value 
 of the property proposed to be acquired for the purposes afore- 
 said, and whether any and what damage will be caused, or 
 any and what benefit will accrue to the owner or possessor of 
 the property so assessed for damages and benefits respectively ; 
 and further, to provide for collecting and paying over the 
 amount of compensation adjudged to each person entitled, or 
 investing it in stock of the said corporation, bearing not less 
 than five per cent, interest for the use of the person so adjudged 
 to be entitled to the same, and to provide for the collection by 
 sale of the property assessed or otherwise of all sums assessed 
 as benefits as aforesaid, and generally to enact and pass all 
 
Jones' Falls. 545 
 
 Article XXX.— Statutes. 
 
 ordinances, from time to time, which shall be deemed necessary 
 and proper to exercise the powers and eifect the objects for the 
 exercise and accomplishment of which this act is passed. 
 
 3. The Mayor and City Council are hereby authorized and iwd, s. 3. 
 empowered to define and locate the limits of Jones' Falls Limits of Jones' 
 
 _ *^ ^ Kalis to be de- 
 
 within the city of Baltimore, and to acquire by purchase or <*"»•*!• 
 condemnation, under proceedings for which provision is made 
 in the second section of this act, the absolute and exclusive 
 right and title to all the land and rights of property embraced Title to land, 
 within the said limits ; and in the ground covered by all streets 
 or avenues which the said Mayor and City Council shall lay 
 out and condemn on the sides of said stream, the said Mayor 
 and City Council of Baltimore shall have an estate in fee 
 simple; and the said Mayor and City Council of Baltimore 
 shall have power, and it is hereby authorized to construct 
 wharves or quays along the margin of said stream, or use the wharres, &c. 
 said streets and avenues for wharf or quay purposes, and col- 
 lect tolls and wharfage from all vessels or boats using the same. 
 
 4. The Mayor and City Council of Baltimore are authoriz ibid, 8.4. 
 ed and empowered to make such changes in the grades of the Mayor, ac, 
 
 may chaoge 
 
 streets in the city as shall, in the judgment of the said Mayor Kradesoi 
 
 •' ^ J o J streets. 
 
 and City Council, be necessary and requisite for the proper 
 construction of the works connected with the improvement of 
 Jones' Falls, which said Mayor and City Council may deter- 
 mine to construct ; and it shall not be necessary, in order to 
 make such changes in the grades of said streets, to obtain the 
 assent of any of the proprietors of the ground fronting on 
 said streets, or affected by such changes. 
 
 5. The Mayor and City Council of Baltimore are hereby iwd, >. 5. 
 authorized to make such provisions as to them shall seem best. May provide for 
 for defraying the cost of the grading and paving of any 
 
 streets or avenues which they may lay out and condemn along 
 the margin or sides of said Jones' Falls. 
 
546 Jones' Falls. 
 
 Article XXX.— Statutes. 
 
 Ibid, s. 6. 6. None of the provisions of Article lY. P. L. L., in re- 
 
 what sections ferenco to constructing sewers and opening; and paving; streets 
 
 not applicable ® r » r D 
 
 hereto. in tlic citj of Baltimore, [Art. XLIV, and XL VII,] 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 act, save in so far as the said provision may be 
 made applicable thereto by an ordinance or ordinances of the 
 Mayor and City Council of Baltimore passed for that purpose; 
 
 Proviso. and provided further, that no appeal shall lie from the deci- 
 
 sions of the Baltimore City Court in proceedings in said court 
 under this act. 
 
 Ibid, s. 7. 7. All of the provisions of an ordinance of the Mayor and 
 
 Ordinances con- City Council of Baltimore, entitled An ordinance to provide 
 for the improvement of Jones' Falls within the limits of the 
 city of Baltimore, approved January 31st, 1870, [No. 12,] 
 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 this act, or had been passed after the enact- 
 ment of a law by the General Assembly of Maryland authoriz- 
 ing and empowering the Mayor and City Council of Baltimore 
 to pass such an ordinance. 
 
 STOCK. 
 
 fimed. 
 
 1870, 0. 113. 8. The Mayor and City Council of Baltimore are authorized 
 
 Authority to to issuo bouds to an amount not exceeding two millions five 
 
 issue bonds. iiii iin„ . . i 
 
 hundred thousand dollars, irom time to time, as the same may 
 be required in the course of the construction of the works 
 connected with the improvement of Jones' Falls, for the con- 
 struction 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' 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 of six per 
 
Joneb' Falls. 547 
 
 Article XXX.— Statutes. 
 
 centum, per annum, payable quarterly, transferable as other 
 city bonds, as provided in sections one and two of an ordi- 
 nance of the Mayor and City Council of Baltimore, entitled An ordinances, 
 ordinance to authorize the issuing of the bonds of the city of 
 Baltimore for the purpose of providing means for the improve- 
 ment of Jones' Falls, approved January 31st, 1870, [No. 12,] 
 provided, that said bonds shall not be issued unless the said Proviso, 
 last mentioned ordinance shall be approved by the votes of a 
 majority of the legal voters of the said city, cast at the time 
 and places provided for in the said last mentioned ordinance. 
 [See p. 553, j>ost.] 
 
 9. The Mayor and City Council of Baltimore are hereby 1874, c. 179, s. i. 
 authorized to issue bonds to an amount not exceeding one mil- Authority to ig- 
 lion five hundred thousand dollars, in addition to the amount bonds. 
 
 of two million five hundred thousand dollars heretofore pro- 
 vided for; the issue of said additional bonds to be made on 
 the terms and conditions and in pursuance of the provisions of 
 an ordinance of the Mayor and City Council of Baltimore, ordinances, 
 entitled An ordinance supplementary to an ordinance entitled 
 an ordinance to authorize the issuing of the bonds of the city 
 of Baltimore for the purpose of providing means for the im- 
 provement of Jones' Falls, approved January 31, 1870, being 
 No 12, and to authorize an additional issue of one million 
 five hundred thousand dollars for the same purpose, approved 
 1874. 
 
 10. Such portion of the bonds of the two million five hun- ibid, g.a. 
 dred thousand dollars issue authorized by the Act of Assembly Registered or 
 to which this is a supplement, as have not already been issued, *^''"''°" 
 may be issued as registered or coupon bonds, on the terms and 
 conditions and in pursuance of the provisions of the above re- 
 cited ordinance, approved 1874, in relation thereto.* 
 
 * The above recited ordinance was submitted to the voters of the city, 
 April 21, 1874, and rejected. 
 
548 Jones' Falls. 
 
 Article XXX. — Ordinances. 
 
 WALLS. 
 
 1864, c. 163. 11. The Mayor and City Council of Baltimore may, when- 
 
 owners of prop- ever tliev deem it necessary, compel any individuals, compa- 
 
 erty binding on . -^ J ^ r j ' j 
 
 buud watis^ *° "''^^' ^^ bodies politic, owning property binding on Jones' 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 their 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 
 the said Mayor and City Council may, whenever they deem it 
 necessary, compel any individuals, companies, or bodies politic. 
 
 Rebuilding or to rebuild or repair, in a good and sufiicient manner, any stone 
 " wall owned by them and binding on Jones' Falls, within the 
 city limits; and should any individuals, companies, or bodies 
 politic, neglect or refuse to wall up Jones' Falls, rebuild or re- 
 pair any such wall within the limits of the City of Baltimore, 
 when required so to do by the Mayor and City Council, the 
 said Mayor and City Council may cause the same to be done ; 
 and they are hereby authorized and empowered to recover the 
 
 Costs. costs of such wall, rebuilding or repairing, by suit at law, from 
 
 the party or parties who may have refused or neglected to 
 build, rebuild or repair such wall, and the cost of such wall 
 
 Lien. shall be a lien on the property so walled up or repaired.* 
 
 ORDINANCES. 
 
 IMPROVEMENT. 
 
 No. 131, Nov. 9, 1. The City Commissioner is hereby authorized and required 
 Regrading, &c., to have regraded, rekerbed and repaved the following herein 
 
 streets in flood- . . n i , ^^ i , 
 
 ed district. named streets, comprising all the streets, lanes, alleys and pub- 
 
 * The act of 1821, c. 253, on same subject was declared unconstitutional 
 in Mayoi', &g., Baltimore v. Lefferman, 4 Gill, 425. See Lester v. Mayor, <&c., 
 29Md. 419; 38Md. 229. 
 
Jones' Falls. 549 
 
 Article XXX. — Ordinances. 
 
 lie throaghfares within the district flooded by the freshet of 
 Jones' Falls, July 14, 1868, or so much of the same as may be 
 necessary ; the grades of the same shall be changed so that the Grades, 
 lowest point on those streets shall not be below the heights 
 specified and mentioned on the following named streets, said 
 heights being the number of feet above mean tide, namely : 
 Centre street, between Calvert and Front streets, 21 feet; Frank- 
 lin street, between Calvert and Hoi lid ay streets, 21 feet; Bath 
 street, between Calvert and Front streets, 20^ feet ; Pleasant 
 and Hillen streets, between Courtland and High streets, 
 20 feet ; Saratoga street, between Courtland and Gay streets, 
 18 feet ; Lexington street, between Calvert and HoUiday streets, 
 16 feet ; Fayette street, between Gay and High streets, 14^ 
 feet; Baltimore street, between Gay and High streets, 13 feet; 
 Swan and Plowman streets, between Centre Market and High 
 street, 12 feet; Second street and Fish Market Space, between 
 Gay street and Jones' Falls, 11 feet; Lombard street, between 
 Commerce and Albemarle streets, 10 feet ; Pratt street, 7 feet 
 at Commerce street, 8 J feet at Centre Market Space, and thence 
 to Albemarle street, 9 feet ; and the grades of Calvert, Davis, 
 North, HoUiday, Gay, Frederick, Harrison and Front streets, 
 Centre Market Space, Mill and Concord streets, and East and 
 West Falls avenues, and all other streets, alleys or public 
 thoroughfares or highways intersecting with the before named 
 streets within the flooded district aforesaid, shall be rcgraded, 
 rekerbed and repaved as much as may be necessary, to conform 
 to the regraded streets before named. 
 
 2. The Mayor and City Commissioner are hereby authorized iwd, s. a. 
 
 o ^ ' oT 1T-I11J1 No. 4, Not. 21, 
 
 to take charge of the improvement of Jones JB alls, and to have '74. 
 
 the same excavated to its normal depth or original bed ; divest Excavation, &c. 
 
 . . , /^ i_ • J "^ Jones' Falls. 
 
 the stream ot its abrupt curvatures near Centre street bridge, 
 and between Bath and Gay street bridges, at their discretion ; 
 to raise the walls of the stream to such a height as they in their 
 judgment may deem essential ; to construct the bridges that 
 
550 
 
 Jones' Falls. 
 
 Article XXX. — Ordinances. 
 
 span the stream from Madison street, inclusive, to the Basin, 
 all in such manner as to offer no impediment to tbe passage of 
 the entire body of water that may be contained within the 
 walls of the stream ; the said improvement to be commenced 
 prior to the regrading and repaving of the streets, &c.; and the 
 Authority of Mavor and City Commissioner are hereby authorized and 
 
 Mayor and City '' '' . . , i • i 
 
 Commissioner, directed to procccd forthwith with all such work, in such man- 
 ner as in their opinion shall expedite the same, and, at the 
 least cost, fully protect the interests of the city. 
 
 Ibid, 8. 3. 
 
 Purchase or 
 condemnation. 
 
 Appeal. 
 
 3. The Mayor and Comptroller shall be empowered to pur- 
 chase such property or properties as may be required to 
 straighten, if at a reasonable price the same can be obtained ; 
 if not, to have the same condemned by the usual processes for 
 condemnation of property for public use, with the right of 
 appeal to the owner or owners to the Baltimore City Court.* 
 
 * By Ordinance No. 37, March 21, 1876, the Commissioners for Opening 
 Streets were autliorized and direclfed to condenm, for the purpose of improv- 
 ing Jones' Falls, as authorized by Ordinance No. 131, of 1874, such properties 
 as may be deemed necessary to straighten the bed of said falls, according to 
 the plan adopted by the commission under said ordinance. No. 131, and 
 shown on said plan, now in the City Commissioner's office, along the east 
 side of said falls, from a point south of Monument street, at the letter A to 
 B, to C to D, to E to F, south of Hillen street, all in yellow letters, and on 
 the west side of said falls to a point south of Monument street at the letter 
 G to H, to J to K, south of Centre street ; and from the point north of Bath 
 street at the letter L to M, south of Hillen street, shown also by yellow let- 
 ters on said plan; also to condemn such properties as may be deemed 
 necessary for the same purposes on the east side Of Jones' Falls, between Hillen 
 and Gay streets; and that they proceed to said condemnation according to 
 the laws for opening streets, so far as the same may be applicable, except 
 that no benefits are to be assessed upon the property holders ; and that any 
 person or persons, or body corporate, who may be dissatisfied with the 
 assessment of damages which shall be made by said commissioners, may 
 appeal to the Baltimore City Court, at the time, in the manner, and after 
 like notice by the Register, as provided for in the Baltimore City Code 
 in the condemning and opening streets; and the Register of the City 
 shall perform such duties in relation thereto as are required of him by the 
 ordinance relating to opening and widening streets; the amount of damages 
 as finally awarded to be paid out of the sum appropriated for the improve- 
 
Jones' Falls. 551 
 
 Article XXX. — Ordinances. 
 
 4. A sewer shall be constructed on the west side of the said ibid.s. 4. 
 falls of such dimensions as may be deemed necessary, in the sewer. 
 discretion of the City Commissioner. 
 
 5. The sum of eight hundred thousand dollars, or so much iwa, s. 5. 
 thereof as may be necessary for the accomplishment of the Appropriation, 
 work herein provided, is hereby appropriated out of the sales 
 
 of bonds provided for the improvement of Jones' Falls. 
 
 6. The Mayor and City Commissioner may, as to them may ibia.s. 6. 
 be deemed most conducive to the end, proceed in such order as Powers or 
 
 Mayor anU City 
 
 to them may be deemed most expedient to the proper comple- commissiouer. 
 tion of the whole work, so that there may be as little interfer- 
 ence as possible with the business operations of the citizens 
 engaged in trade or manufactures in the flooded district. 
 
 ment of Jones' Falls under the aforesaid ordinance, No. 131, of 1874, ap- 
 proved November 9th, 1874. 
 
 And by Ordinance No. 53, June 29, 1877, for the purpose of enabling the 
 Mayor and City Commissioner to carry out the propose<l plan of improve- 
 ment of Jones' Falls, in conformity with the Act of Assembly of 1870, c. 115, 
 sees. 1 and 7, (pp. 543 and 540, of this Article,) the Mayor and City Comp- 
 troller were authorized to purchase so much of the property lying between 
 East Falls avenue, Alicoanna, President and Lancaster streets necessary to 
 widen Jones' Falls, in accordance with the plan agreed upon by the said 
 Mayor and City Commissioner, if the same could be purchased at a price not 
 exceeding thirteen thousand dollars ; and provided further, that if the owner 
 or owners of said land would not agree to sell the same for a sum not exceed- 
 ing said amount of tiiirteen thousand dollars, then the Mayor and City 
 Comptroller were authorized to have the same condemned by the usual pro- 
 cesses for condemnation of property for public use, with the right of appeal 
 to the owner or owners to the City Court ; the purchase money for said 
 property to be taken out of the Jones' Falls Improvement Fund. 
 
 And by Ordinance No. 2, Dec. 5, 1877, the Mayor and City Council are 
 authorized to purchase all the residue of that lot or parcel of ground bounded 
 by President street on the east, East Falls avenue on the west, Aliceanna 
 street on the north, and Lancaster street on the south, being the remainder of 
 the lot of ground so bounded, the purchase of a portion of which for the Im- 
 provement of Jones' Falls was authorized and directed by Ordinance No. 53, 
 June 29, 1877 ; provided, however, that the remainder of the said lot can be 
 purchased for the sum of twelve thousand dollars cash ; the purchase money 
 for said property to be taken out of the Jones' Falls Improvement Fund. 
 
552 
 
 Jones' Falls. 
 
 Article XXX. — Ordinances. 
 
 Ibid, s. 7. 7. In the purchase of material needed in the improvement 
 
 Preference to and in the letting of work, preference shall be given to work- 
 home work and 
 material. nien and manufacturers of our own State, when the same can 
 
 be done on as favorable terms as by dealing with those without 
 
 the limits of our own State. 
 
 Ibid, s. 8. 
 
 Surrender of 
 property by 
 owners. 
 
 Purchase or 
 condemnation. 
 
 Appeal. 
 
 No. 43, Mar. 29, 
 '75. 
 
 Plans and pro- 
 posals for con- 
 construction of 
 bridges over 
 Jones' Falls. 
 
 Contract. 
 
 Proviso. 
 
 Work to be 
 done by Balti- 
 more mechanics 
 and workmen. 
 
 8. Any party or parties owning property or having rights 
 to property within what is termed the "flooded district" may 
 surrender the same if it shall be so affected by any change of 
 grade as to prevent its use for its present purposes, and it shall 
 be the duty of the Commissioners for Opening Streets to either 
 purchase the said property for the Mayor and City Council of 
 Baltimore, at an equitable price, or to condemn the same by 
 the usual processes for condemnation of property for public 
 use, with the right to appeal to the owner or owners to the 
 City Court in case of dissatisfaction with any award or awards. 
 
 9. The Mayor and the City Commissioner, in ^he improve- 
 ment of Jones' Falls, and the City Commissioner, when acting 
 otherwise than as a member of the board for the improvement 
 of Jones' Falls, in the construction of bridges over Jones' Falls, 
 are hereby directed to advertise for plans and proposals for the 
 construction of all bridges over Jones' Falls ; said plans to con- 
 form to such conditions and specifications as may be deemed 
 essential by said commissioners or commissioner, and set forth 
 in said advertisement, and the contract for building said bridge 
 or bridges shall be awarded to the lowest responsible bidder, in 
 the usual manner ; provided, however, that it shall be inserted 
 in the contract, and to be part thereof, to be secured by the 
 bond given, that the aforesaid bidder shall have the work for 
 said bridges done at the city of Baltimore, by mechanics and 
 workmen who at the time of said signing are citizens of Balti- 
 more city, and the work to be done, and all the material that 
 can be furnished, to be by Baltimore contractors.* 
 
 *As to bridge over Jones' Falls and tracks of Northern Central Railway 
 at Calvert street and bridge, between Monument street and the railway 
 
Jones' Falls. 553 
 
 Article XXX.— Ordinances. 
 
 10. Whenever there is a prospect of an extraordinary rise No. e, s. 22, 
 
 ' '^ *' Feb. 14, '63. 
 
 in the waters of Jones' Falls, so as to threaten an overflow overflow of 
 upon the adjacent property, it shall be the duty of the City nutyof cuy 
 
 , . . J J Commissioner. 
 
 Commissioner, upon receiving information to that effect from 
 
 any of the residents or property holders in that vicinity, to 
 
 take prompt and active measures, and employ a suflBcient force 
 
 to prevent the obstruction or damming up of the said waters, 
 
 and to draw on the Register, with the a])probation of the Register to pay. 
 
 Mayor, for the atnount of any expenses that may be incurred 
 
 in any such service. 
 
 STOCK. 
 
 , 11. By ordinance No. 12, Jan. 31, 1870, an issue of bonds issue to amount 
 to an amount not exceeding $2,500,000 was authorized 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' Falls, for the construction of which provision is made 
 by the ordinances of the Mayor and City Council of Baltimore, 
 the proceeds from the sale of which bonds shall be used for 
 the construction of the said works for the improvement of said 
 Jones' Falls, in the manner provided in the aforesaid ordi- 
 nances, and for no other purpose whatever.* 
 
 12. The said bonds shall be issued in sums of not less than ibid, s. 2. 
 one hundred dollars each, redeemable in thirty years, and bear- How bonds to 
 
 , , _ be issued. 
 
 ing interest at the rate of six per cent, per annum, payable 
 quarterly, and transferable as other city bonds. 
 
 bridge north of Madison street, sec Art. XL, Railroads, sub-title, Northern 
 Central Railway. 
 
 * This ordinance was duly submitted to the voters, and approved. 
 
 Repeals. — By ordinance No. 40, May 37, 1874, the ordinance entitled 
 An ordinance supplementary to an ordinance entitled an ordinance to pro- 
 vide for the improvement of Jones' Falls within the limits of the city of 
 Baltimore, and to open avenues and construct sewers on the borders thereof, 
 approved April 34, 1873, No. 51, together with all ordinances supplemen- 
 tary thereto, was repealed. 
 
 The ordinances enacted previously to and repealed by the passage of or- 
 
554 Jones' Falls. 
 
 Article XXX. — Ordinances. 
 
 WALLS. 
 No. 70, ss. 1 and 13. The Citv ConmiissioTier is hereby authorized and di- 
 
 2, May 18, '64. '' 
 
 Building, re- rocted, whenever he shall deem it necessary, to notify the 
 
 pairing, &c., , " 
 
 walls. owner or owners of property binding upon Jones' Falls, within 
 
 the limits of the city, to have the same walled upon the line 
 of said Jones' Falls, with a good and sufficient stone wall, to 
 
 dinance No. .51, approved April 24, 1872, entitled an ordinance sui)plemen- 
 tary to an ordinance entitled an ordinance to provide for the improvement 
 of Jones' Falls within the limits of the city of Baltimore, and to open 
 avenues and construct sewers on the borders thereof, repealed by this or- 
 dinance of May 27, 1874, are: ordinance No. 13, January 31, 1870, to provide 
 for the improvement of Jones' Falls within the limits of the city of Balti- 
 more, and to open avenues and construct sewers on the borders thereof; 
 ordinances No. 101, Nov. 19, 1870, supplementary and amendatory of ordin- 
 ance No. 13, January 31, 1870 ; No 33, March 27, 1871, making further pro- 
 vision for the improvement of Jones' Falls and repealing inconsistent 
 provisions of preceding ordinances ; No. 67, May 5, 1871, to pay for the 
 survey of Jones' Fails and discontinue the work; No. 105, June 19, 1871, to 
 make further provision for the improvement of Jones' Falls and authorizing 
 the examination of additional plans, and No. 3, Nov. 17, 1871, repealing a 
 section of No. 13, January 30, 1870. 
 
 The ordinances enacted siiice the passage of ordinance No. 51, April 
 24, 1872, and which were repealed by ordinance No. 40, May 27, 1874, are : 
 ordinances No. 118, October 25, 1872, amendatory of sections in ordinance 
 No. 51, April 24, 1872 ; No. 57, May 7, 1873, supplementary to ordinance 
 No. 51, April 24, 1872; No. 87, July 8, 1873, amendatory of ordinance No. 
 51, April 24,1872; No. 90, October 11, 1873, supplementary to ordinance 
 No. 87, July 8. 1873 ; and also ordinance No. 4, approved February 13, 1874, 
 to authorize the issue of bonds to amount of one million five hundred 
 thousand dollars, which was submitted to the voters and rejected. 
 
 Decision. — Leasehold property in the city of Baltimore belonging to the 
 eastatc of W. was condemned by the Board of Conmiissioners for the im- 
 provement of Jones' Falls, pursuant to ordinances of the Mayor and City 
 Council and Acts of Assembly authorizing the improvement. The Board 
 of Commissioners awarded only the sum of $6,666.67, and the administrator 
 of W. being dissatisfied with the award, ai)pealed to the City Court. Upon 
 a trial before a jury, the jury brought in and returned their inquisition and 
 awarded as damages for the property condenmcd the sum of $40,000. This 
 inquisition was filed in court on November 29, 1873. On December 1st fol- 
 
Jones' Falls. 555 
 
 Article XXX. — Ordinances. 
 
 such height as said conmiissioner may direct, and to have the 
 same backed up or filled with earth, so as to secure such prop- 
 erty from inundation by water, and when the same shall have 
 been walled up wholly or in part, to rebuild or repair in a 
 good and sufificient manner any such stone wall. 
 
 14. If any person or persons, or body politic, shall refuse ibid.s. 3. 
 or neglect to have any such wall built, rebuilt, or repaired, as Refusal or 
 above provided for, within two months after receiving notice 
 from said commissioner, as set forth in the preceding section, 
 it shall then be the duty of said commissioner, and he is here- Duty of c 
 
 Commissi! 
 
 by authorized and directed to cause such wall to be built, re- 
 built, or repaired, as specified in said notice, and the cost thereof 
 
 lowing, the Mayor and City Council of Baltimore filed a motion to set *side 
 the inquisition. This motion was overruled by the court on January 31, 
 1874, and on the same day "judgment on inquisition" was entered on the 
 docket. On May 16th following, an order for & fieri foetus on said judgment 
 was filed, but the clerk, under the instructions of the court, refused to issue 
 it. On May 9th a petition was filed praying the court to direct the clerk to 
 issue the ^n/aaV/.« as ordered; and on the same day the Mayor and City 
 Council of Baltimore filed a motion to strike out the docket entry of judg- 
 ment. Both of these motions were overruled. A demand was made by the 
 administrator of W. upon the Mayor, liegister and Comptroller of the City 
 to pay him the $40,000 so awarded him as administrator by the jury, or to 
 invest that amount in city five i)er cent, stock for his use and benefit, pur- 
 suant to the provisions of the ordinance for the improvement of Jones' Falls. 
 This demand was refused. Thereupon the administrator of W. filed his 
 petition asking that a writ oi inandiimus might issue, commanding the Mayor, 
 Comptroller and Register to take all necessary and legal means to pay him 
 the said sum of $40,000, or to invest the amount in city five per cent, stock. 
 The court dismissed the petition. 
 
 On appeal by the petitioner it was held : 
 
 1. That the judgment upon the inquisition of the jury having been en- 
 tered inadvertently by the clerk, without authority, ought to have been 
 stricken out. 
 
 3. That no authority was conferred upon the court to enter such judg- 
 ment by the Acts of Assembly or ordinances under which the proceedings 
 were had. 
 
 3. That the application for a mandamus was properly denied. 
 
 Merrick, adm. v. Mayor, &c., Baltimure, 43 Md. 219. 
 
556 Jones' Falls. 
 
 Article XXX. — Ordinances. 
 
 Cost, alien. shall be a lien upon the property so walled up, repaired, or re- 
 built, as aforesaid, to be recovered in due course of law from 
 the owner or owners or body politic, so refusing to build, re- 
 build, or repair, after notice as aforesaid.* 
 
 * By ordinance No. 13, Feb. 8, 1826, the improvement of Jones' Falls was 
 directed to l)e made agreeably to the lines established by the Commissioners 
 of the City and Wardens of the Port, acting as a board for that purpose, 
 under an ordinance i^assed July 23, 1818, and tlie several lines were there- 
 by confirmed for the purpose of giving free passage to the waters of Jones' 
 Falls, and in conformity with an Act of Assembly, passed December session, 
 1817, vesting in the Mayor and City Council the right to the bed over which 
 the said falls flows, the City Commissioner and Warden of the Port were by 
 said ordinance (No. 13, Feb. 8, 1826,) authorized and required to notify, in 
 writing, any person or bodies corporate, who had encroached on the bed of 
 Jones' Falls, as located in the year 1811, to have such obstructions removed ; 
 and if any person or persons, or body corporate, who had so encroached as 
 aforesaid, should not remove or cause to be removed such obstructions, 
 within the space of six months after they had been notified as directed, they 
 were severally made subject to a fine of fifty dollars, and a further sum of 
 1 wenty dollars for every month thereafter that they neglected to remove 
 such obstruction. The City Commissioner and Warden of the Port were 
 further directed to remove any piles or other obstructions placed in Jones' 
 Falls by any of the city authorities. The City Conmiissioner was authorized 
 and directed, with the approbation of the Mayor, to notify the owners of the 
 property binding on Jones' Falls, to have the same walled agreeably to the 
 lines afore referred to, with a good and sufficient stone wall, to such height 
 as in their judgment the public good required, and to have the same backed 
 up or filled with earth, so as to secure the adjacent property from danger of 
 being inundated with water, and every person or body corporate who re- 
 fused or neglected to have the same done within six months after receiving 
 notice from the Board of Commissioners, to forfeit and pay twenty dollars 
 for every week thereafter, until the same was completed. It was further pro- 
 vided by said ordinance, that the authority aforesaid sliould cause any of the 
 ' public propert}' binding on said falls to be walled up and filled in so as to 
 
 correspond with the private improvements by them directed to be made, 
 taking especial care to ascertain that such property belonged to the public 
 before they improved the same, and that it should be lawful for the City 
 Commissioner to cause private property to be secured by a stone wall, when 
 in his opinion an equivalent in ground was given for the same, subject, how- 
 ever, to the approbation of the Mayor. 
 
Jurors. 
 
 557 
 
 Article XXXI. 
 
 ARTICLE XXXI, 
 
 JURORS. 
 
 STATUTES. 
 
 1. Judges of Supreme Bench to 
 
 select list of jurors, and when : 
 number list to contain. 
 
 2. Collector to file with clerk of 
 
 Superior Court list of taxable 
 males: pay of collector for so 
 doing. 
 
 3. What clerks of courts to do after 
 
 list is prepared : sheritf or his 
 deputies to attend: their duties. 
 
 4. Penalty ior frauds relating to 
 
 drawing. 
 
 5. Sheriff to summon twenty-three 
 
 men as grand jurors. 
 
 6. Twenty-five first in order on list 
 
 to serve in Superior Court. 
 
 7. Baltimore City Court. 
 
 8. Court of Common Pleas and 
 
 Baltimore City Court. 
 
 9. Criminal Court. 
 
 10. Names drawn to be entered in 
 
 books : books to be certified by 
 judges, and called jury b(X>ks. 
 
 11. Where books to be deposited: 
 
 sheriff to summon juries drawn 
 for each court. 
 
 12. Duty of sheriff when juror 
 
 drawn disqualified. 
 
 13. Petit jurors, how long to serve: 
 
 how and for what to be ex- 
 cused : penalty for non-attend- 
 ance. 
 
 14. Summoning talesmen: duty of 
 
 sheriff. 
 
 15. 
 
 16. 
 
 17. 
 
 18. 
 19. 
 20. 
 
 21. 
 22. 
 
 Wlien talesmen to be summoned 
 from regular panels of other 
 courts : in sucli case, so many 
 regular panels to be exchang- 
 ed : how long exchange to 
 continue. 
 
 Jury lists, how revised and kept 
 up : juror exempt for two 
 j'cars after service. 
 
 Special juries to be summoned 
 from jury lists. 
 
 Penalty on sheriff. 
 
 Any two judges may act. 
 
 State's Attorney may challenge 
 five jurors ixjremptorily. 
 
 Grand Jury to visit jail. 
 
 Provisions construed : neglectful 
 ofl^cers : proviso : penalty. 
 
 PAY, &C. 
 
 23. Pay and mileage of jurors. 
 
 EXEMPTION. 
 
 24. Certificates of membership of 
 
 militia company : honorary 
 members : certificate : exemp- 
 tion from jury duty : proviso. 
 
 ORDINANCE. 
 
 1. Clerks of courts to furnish names 
 
 of jurors to Register. 
 
 2. Certificate to be presented to Reg- 
 
 ister : Register to pay amount. 
 
558 JuEOKS. 
 
 Article XXXI. — Statutes. 
 
 STATUTES . 
 
 P. L.L.,art. 4, 1. TliG iudfire of the Superior Court of Baltimore City, the 
 
 sec. 001 ; 1867, J » r . 
 
 c. 401,8.4. judge of the Court of Common Pleas, the judge of the Balti- 
 judges of su- more City Court, the iudge of the Circuit Court of Baltimore 
 
 preme Bench to "^ ' j o 
 
 select list of City, and the iudge of the Criminal Court of Baltimore, shall 
 
 jurors, and •/ ' j o ' 
 
 us't'to coVu^n.^"^ meet at such place in the city of Baltimore as the said judges 
 shall appoint, on such day in the month of March in each and 
 every year, as the said judges shall agree upon ; and it shall 
 be the duty of the said judges meeting as aforesaid, at such 
 meeting, or at such adjourned meeting, as they shall hold for 
 the purposes hereinafter mentioned, in the month of March of 
 each and every year as aforesaid, to select the names of seven 
 hundred and fifty persons, qualified under the law of this 
 State to serve as grand and petit jurors in said city.* 
 Ibid, sec. 60-2. 2. In Order to assist the said judges in making out the list 
 Collector to file of I'urors aforcsaid, the collector of taxes of the city of Bal- 
 
 v'ith Clerk of ' "^ 
 
 superioc Court tiuiore shall, before the first day of February in each and 
 
 list ot taxable ' •' ■' 
 
 males. evcry year, lodge with the clerk of the Superior Court of said 
 
 * Where there was no meeting of tlie judges, or a majority, or any two of 
 them, in March, 1866, or at any time afterwards, for the purpose of making 
 the selection required by the above law, but one of the deputy clerks of the 
 Superior Court formed the list from persons on the list of the former year, 
 who had not served as jurors, he making up the requisite number from a list 
 furnished by tlie city collector, and the list so made by him he presented, 
 seriatim and separately to the judges in their respective court rooms, and 
 without any very particular examination, it was approved and adopted by 
 them separately, and without consultation with each other ; and from such 
 list a grand jury vfas selected. 
 
 It was held a fatal defect, and that no body of men assembled as these were, 
 without, (as the requirements of the jury law had not been complied with,) 
 authority of law, have the right to act as a grand jury ; and in this case the 
 final judgment of conviction of the prisoner was reversed. To guard for the 
 future against the fatal consequences of neglect, from any cause, to pursue 
 the strict i-equirements of this jury law, the act of 1867, c. 269^(sec. 22 of this 
 article) was passed. This last law has qualified the construction of the 
 jury law by declaring that the provisions thereof shall be construed merely 
 as directory. Clare v. State, 30 Md. 163. 
 
Jurors. 55 9 
 
 Article XXXI.— Statutes. 
 
 city, tor the use of said judges, a certified list of all the taxa- 
 ble male inhabitants of the said city, setting ont their names 
 and places of residence, so far as the same may be ascertained ; 
 and the said collector shall receive for snch service, a compen- Pay of couector 
 
 lor so doing. 
 
 sation to be fixed by said judges, and shall be paid as jurors 
 are paid. 
 
 3. The said judges having prepared the said list, shall re-ises, c.44 
 quire the clerks of the several courts of Baltimore city, or a what clerks of 
 
 , courts to ilo 
 
 maiority of them, to meet in sucli one of the court rooms 01 »fter ust is pre- 
 
 the said city, at such time as they shall appoint, not less than 
 
 ten days before the beginning of the May term of the Superior 
 
 Court of Baltimore City, and the names selected b}' the said 
 
 judges shall be inscribed upon ballots, which shall be of equal 
 
 size, color and appearance, and shall be closely folded, and 
 
 shall be placed in a box prepared for that purpose by the 
 
 clerks themselves. And the Sheriflf of Baltimore City, or such sheriff orhu 
 
 deputie» to at- 
 
 of his deputies as he shall designate, shall attend before the tena. 
 said clerks, and it shall be the duty of the said Slieriff, or his Their duties, 
 deputy as aforesaid, in the presence of the said clerks and such 
 other persons as ma^' choose to attend court, to draw one by 
 one, all the ballots contained in the said box, and as the said 
 ballots are drawn, the names appearing thereon shall be duly 
 recorded in the order in which they shall be drawn by the said 
 clerks, or under their personal direction and inspection, by 
 some person to be appointed by the judges aforesaid. 
 
 4. Any officer, deputy, or person whatsoever, who shall isei, c.si, ss. 
 fraudulontlv mark, or dcsifirnatc, or open, or leave open, or Penalty for 
 
 ' » > I J I frauds relating 
 
 cause or knowingly permit to be marked or designated, or to drawing, 
 opened, or left open, any ballot or ballots for jurors, which 
 shall be prepared for the purpose of being drawn under this ^ 
 
 article, or who by any fraudulent contrivance, device, or col- 
 lusion whatsoever, shall prepare, or arrange, or cause or 
 knowingly permit to be prepared or arranged, any ballot or 
 ballots aforesaid, so that the same or any thereof may be 
 
560 Jurors. 
 
 Article XXXI.— Statutes. 
 
 known or recognized in the drawing thereof, or for the purpose 
 of their being so known or recognized ; and any person or 
 persons who shall in any way fraudulently or collusively deal, 
 or conspire, or contrive to deal with the ballots aforesaid, or 
 any of them, or the drawing thereof, or with the preparation 
 or folding of said ballot or ballots, or with the wheel aforesaid, 
 so that the fair operation and lawful and impartial execution 
 of the provisions of this article, in regard to the selection of 
 jurors in the city of Baltimore, shall be knowingly prevented 
 or interfered with, or with intent to interfere with or prevent 
 the same, or permit or allow the same to be interfered with or 
 prevented, shall be guilty of felony, and upon conviction 
 thereof shall be sentenced to be confined in the penitentiary 
 for a term of not less than one nor more than three years. 
 Nothing in this section shall be held to affect the liability of 
 any person or persons for any forfeiture imposed by section 
 18, hereinafter, of this article. 
 
 1864, c. 106. 5. The Sheriff" of Baltimore City shall, before each term of 
 
 Sheriff to sum- the Criminal Court of Baltimore, summon twenty-three per- 
 threemenas soHs fVom the Hst prepared by the iudges to serve as grand 
 
 grand jurors. , . r r j j o » 
 
 jurors for the ensuing term of said court. 
 
 1804, c. 106. 6. The twenty-five names first in order on the said list 
 
 Twenty five shall constituto the jurors for the Superior Court of Baltimore 
 
 first in order on /-,./.,,' , c i /• 
 
 list to serve in City lor the tJirco weeks to ensue alter the commencement oi 
 
 Superior Court. 
 
 the next term of the said court. 
 Const., art. 4,; 7. The twcntv-tive names next in order on the said list 
 
 s.aS; 1867, c. , "^ . 
 
 401,8.4. shall constitute and be the jurors for the Baltimore City Court 
 
 Baltimore City for thrcc wccks to cnsuc after tlic Commencement of the next 
 
 Court. 
 
 term of the said court, 
 p. L. L.,art4, 8. The twentv-fivc names next in order on the said list 
 
 sec. 606. -^ 
 
 Court of Com- sliall constitutc and be the iurors for the Court of Common 
 
 mon Pleas. 
 
 Pleas for the three weeks to ensue after the commencement 
 of the next term of the said court. 
 
Jurors. 561 
 
 Article XXXI.— Statutes. 
 
 9. The twenty-five names then next drawn on the said list p. l. l., art. 4. 
 
 sec. 607. 
 
 shall constitute and he the jurors for the Criminal Court of Criminal court. 
 Baltimore for the three weeks to ensue after the commence- 
 ment of the next term of the said court. 
 
 10. After all the names in the box are drawn, it shall be ibid.sec. 608. 
 the duty of the said judges to cause the names of the said several Names drawn 
 
 I II ' /• 1 1 1 r> .,'"'•<' entered 
 
 panels and the names or the other persons drawn as aforesaid, into books. 
 to be entered in six several books, in the order in which the said 
 panels and the names as aforesaid were drawn as aforesaid ; 
 and the said books shall be certified by the said several judges Books to be 
 to be true copies of each other, and shall be denominated .iudces and 
 
 1 /• -n 1 called jury 
 
 jury books for Baltimore city. ^oo''»- 
 
 11. When the said iury books are prepared and certified, iMd, sec. 609. 
 
 f ' ' . 1 n 1 J ' 1867,0.401,8.4. 
 
 as directed in the foregoing section, it shall be the duty of where books 
 
 ,1 ., . 1 • • /• I f ■\ to be deposited. 
 
 tue said judges, or a majority or them, to cause one 01 the 
 
 said books to be deposited in the custody of the clerk of the 
 
 Superior Court of Baltimore City ; one in the custody of the 
 
 clerk of the Court of Common Pleas ; one in the custody of 
 
 the clerk of the Baltimore City Court ; one in the custody of 
 
 the clerk of the Criminal Court of Baltimore; and one in the 
 
 custody of the Sheriff* of Baltimore City ; and one shall be 
 
 retained by the said judges, or by such one of their number 
 
 as they shall appoint, for the purpose of verifying the lists 
 
 of persons so delivered as aforesaid to the clerk as aforesaid, 
 
 or to the Sheriff of Baltimore City ; and when the said book 
 
 is delivered to him — the said Sheriff of Baltimore — he shall sherjir to sum- 
 
 immediately summon the several iurors drawn for the several drawn for each 
 
 '' *' court 
 
 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. 
 
 12. If any of the jurors so set down on the lists as afore- ibid, sec. eio. 
 said shall be legally disabled or excused from attending, the Duty of sheriff 
 
 wlien juror 
 
 sheriff", on being notified thereof, shall complete the said panel drawn disquaiu 
 
562 Jurors. 
 
 Article XXXI.— Statutes. 
 
 or panels in which jurors are needed, by summoning in the 
 stead of such juror or jurors, the persons whose names are 
 set down in the said jury book next after the regular panels 
 as aforesaid ; and he shall summon such person or persons in 
 the order in which they are thereupon set down, and not 
 otherwise. 
 
 Ibid, sec. 611. 13. Every petit juror sworn upon any special panel shall con- 
 Petit jurors, tinuc to servc thereon until discharged by the court, notwith- 
 
 howlongto _ ^ _ . . , 
 
 serve. standing the expiration of his term of three weeks, aforesaid ; 
 
 but no one summoned as a juror shall be excused from service 
 
 How and for exccpt in opou court, on good. cause shown to the satisfaction 
 
 what to be ex- ^ ^ . 
 
 cused. of the court ; and if any juror summoned, and not excused, 
 
 shall fail to attend the said court until duly discharged, he 
 
 PenaityfornoB- shall be fined, for the use of the said city, not less than twenty, 
 
 attendance. 
 
 nor more than two hundred dollars, to be recovered by attach- 
 ment, or such other appropriate process as the said court may 
 direct. 
 
 1868, c. 175. 14. If at any trial of any cause in any of the said several 
 
 Summoning courts as aforesaid, tales de oircumstantihus shall be ordered, 
 
 talesmen. 
 
 Duty of Sheriff, it shall be the duty of the sheriff to summon as such tales- 
 men those who are entered in said book, and who are not 
 upon the regular panels as aforesaid, and such talesmen shall 
 be summoned and called to be sworn or affirmed on their voir 
 dire , or otherwise, in the order in which their names are set 
 down on the said jury book, unless the said sheriff, or his 
 deputy in that behalf, shall swear that he has made true and 
 diligent search for such persons as do not appear, and that 
 they cannot be found ; or unless, being summoned, such per- 
 sons have failed to appear ; in that event, such of the tales- 
 men as have been properly summoned and have appeared, 
 shall be called to be sworn in the order in which their said 
 names are recorded in the jury book aforesaid, or whenever, 
 in the Superior Court of Baltimore City, the Court of Common 
 Pleas, or the Baltimore City Court, it shall be necessary to 
 
JUBOKB. 663 
 
 Article XXXI.— Statutes. 
 
 summon talesmen, the judges of the said courts respectively, 
 instead of or in addition to resorting to the foregoing pro- 
 visions of this section for the summoning of talesmen, may 
 order the sheriff to summon as such talesmen, any of the 
 jurymen in attendance upon either of the other of the said 
 courts who njay not then be engaged as part of any special 
 panel. 
 
 15. If it should so happen that the said lists of persons p. l. l., wt. 4, 
 
 ' ^ ^ sec. 613. 
 
 competent to act as jurors, otiier than the regular panels as when tainsmen 
 
 ' .11 to Resummoned 
 
 aforesaid, should at any time be exhausted as talesman, it shall from rejjuiar 
 
 " I>anel8 of other 
 
 also be competent for the sheriff to summon as talesmen any ™urt8. insuch 
 
 ■ •' case 80 many 
 
 of the regular panels in any of the other of said courts in Jo^e'exchanged 
 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 oi' the regular how long ex- 
 
 , ,. 1 11 1 1 1 I •«• i» -J • change to con- 
 
 panel 01 any court shall be by the sherm as aioresaid sum- tinue. 
 
 moned to attend in any other as talesmen, jurors of the regular 
 
 panel of the court in which talesmen are required, or so many 
 
 of them as shall be needed, shall be by the said sheriff notified 
 
 to attend in the courts from which regular jurors have been 
 
 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. 
 
 16.' It shall be the duty of the judges aforesaid to assemble ibia, sec.eu. 
 on the fourth Monday of the Maj' term of the Superior Court jury lists, how 
 
 revised and 
 
 of Baltimore as aforesaid, and thereafter from three weeks to kept up. 
 three weeks during the said term, and also ten days before 
 the commencement of each of the regular terms of the Supe- 
 rior Court as aforesaid during each year, and at such meetings 
 the said judges shall cause the said Sheriff of Baltimore City 
 to attend as in this law hereinbefore provided ; and the said 
 judges, or a majority of them, shall then cause the names of 
 those who have served on the regular panels of the courts afore- 
 
564 Jurors. 
 
 Article XXXI.— Statutes. 
 
 said to be stricken from the jury lists, and the said persons 
 Juror exempt shall Hot be liable to serve a^ain as jurors for the period of 
 
 for two years ^ . 
 
 after service, two joars, reckoning the said two years from the said preceding 
 second Monday in May as aforesaid ; and the said judges shall 
 then add to the said jury list such number of names as shall 
 make up the whole number of seven hundred and fifty names ; 
 the said additional names to be drawn by the sherifi", or his 
 deputy, from a list thereof to be made by the judges, as pro- 
 vided in section 2, and to be added to the prior list, and 
 recorded in the order in which they shall be drawn ; and then 
 from the said whole number the panels shall be taken for the 
 Superior Court, Court of Common Pleas, City Court, and 
 Criminal Court, in the manner heretofore provided in this law; 
 and all the regulations prescribed by this law for the govern- 
 ment of the said judges, and of the sheriff, or his deputy as 
 aforesaid, in reference to jurors, shall apply to all grand or 
 petit jurors to be thereafter selected and summoned for the said 
 city during the year aforesaid, and the jury books hereinbefore 
 directed to be prepared shall be corrected and certified by the 
 said judges as corrected, and be preserved as hereinbefore 
 directed. 
 
 Ibid, sec. 61.5. 17. All spccial jurics authorized bylaw to be summoned 
 Special .juries shall bc summoued by the Sheriff" of Baltimore City, from 
 
 to be summoned I'-ii-i'ii 
 
 those whose names may be inscribed in the jury book as then 
 revised. 
 
 Ibid, sec. 616. 18. If any Sheriff' of Baltimore City, or any deputy there- 
 Penaityon of, shall wilfully violatc the provisions of this article relating 
 
 Slierilf. 
 
 to juries, the said sheriff shall forfeit the sum of one thousand 
 dollars, which shall be recovered by civil action in the name 
 of the State against the sheriff and the sureties on his bond 
 ill that behalf, and one-half of the penalty shall be paid to the 
 informer, who shall be a competent witness. 
 
 Ibid, sec. 617. 19. Any two of the judges named in section 1 of this 
 may act" ■'"''^^^ article may constitute a quorum at any meeting held under 
 
JuBORS. 565 
 
 Article XXXI.— Statutes. 
 
 the provisions of this article, and may exercise all the powers 
 hereby reposed in the said judges. 
 
 20. In all criminal cases in which the person indicted has ibid.sec. eis. 
 or may liave the right of peremptory challenge, the State's state's Attorney 
 
 1 • > 11 "^'y challenge 
 
 Attorney shall have the right to challenge peremptorily any "^e persons 
 
 •^ o r> r r J J peremptorily. 
 
 number of jurors not exceeding five. 
 
 21. The grand jury shal) at each term of the court visit p. l. l., art. 6o, 
 the jail, and inquire into its condition, the manner in which it Grand jury to 
 is kept and the treatment of the prisoners, and report the same ■ 
 to the court. 
 
 22. All the provisions of this article relating to the mode of i867, c.269, s. 3. 
 drawing and summoning jurors shall be construed as directory provisions con- 
 merely, and no indictment or presentment for any felony or 
 misdemeanor shall be quashed, nor shall any judgment upon 
 any indictment or presentment, whether after verdict, by con- 
 fession or otherwise, be stayed or reversed, nor shall any chal- 
 lenge to the array of jurors be allowed because of any failure NcKiectfui 
 
 * officers. 
 
 by the judges, or the clerks, or the sherifi", to comply with the 
 provision of law relating to the drawing of jurors in the 
 city of Baltimore ; provided, nevertheless, that if any otficer proviso, 
 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 Criminal Court of Baltimore, and Penalty, 
 upon conviction shall be fined the sum of one thousand dollars.* 
 
 PAY OF JURORS. 
 
 23. Jurors shall receive two dollars and a-half per day for 1865, c 78. 
 each and every day they shall attend the several courts of this Pay and miie- 
 
 ■'*'"' n •! ^^^ of jurors. 
 
 State as jurors, and fifteen cents for each mile over five miles 
 for going to and returning from the court once in each term, 
 
 As to juries in the Circuit Court, see sec. 16, Art. XIV, Courts, p. 201, ante. 
 
566 JuROES. 
 
 Article XXXI.— Statutes. 
 
 to be paid by the counties or city respectively in whicli such 
 courts are held. 
 
 EXEMPTION. 
 
 i87o,c. 182,8. 22. 24. All Certificates of membership of any legally organized 
 Certificates of voluntecr Company of the militia shall be signed b}' the com- 
 
 membership of ' o ./ 
 
 militia com- maudiug otficcr thereof, which certificates shall be issued on or 
 
 pany. " 
 
 before the first day of April in each year to such persons as 
 msLY then compose the uniformed and active members of said 
 company ; every such company may receive and have as many 
 Honorarymem- liODorary mcmbcrs as it has active and uniformed members, 
 and no more, on payment in advance by each person desiring 
 to become such honorary member, of not less than ton dollars 
 per annum, which said money shall be received by the com- 
 manding 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 sliall, 
 on or before the first day of June and December of every year, 
 render to the Adjutant General an account of the money so re- 
 ceived and expended by him, and every such honorary mem- 
 certificate. ^cr shall be entitled to receive a certificate of honorary 
 membership of the company, co 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 
 Exemption honorary members, shall exempt the person therein named 
 romjurycuy. ^^.^^^ j^^^^ duty, for the period of one year from the date of 
 Proviso. his said certificate ; provided, he files his said certificate with 
 
 the clerk of the court before the drawing of the jury.* 
 
 *An honorary member of any legally organized volunteer company of 
 the militia of the State, is, by virtue of above sec. 22, of 1870, c. 182, entitled 
 to exemption from jury duty for the period of one year from the date of his 
 certiticate of membership, provided the same be filed with the clerk of the 
 court before the drawing of the jury. Sections ."584 and 585, [viz : 584. All 
 citizens of the United States residing in the city of Baltimore, and between 
 
Jurors. 667 
 
 Article XXXI.— Ordinance. 
 
 ORDINANCE. 
 
 1. The clerks of the several courts of this city are requested No. aa, Mar. 24, 
 to furnish to the Register of this city, as soon as they can cierks or courts 
 
 to furnish 
 
 conveniently do so, after the discharge of the iurors, who have names of juror* 
 
 •' ' o J J to Register. 
 
 the ages of 21 and C5, shall be bound when summoned to serve on juries in 
 the courts of said city, except those who are infirm in body or in mind, min- 
 isters of the gospel, practitioners of law, practitioners of medicine, teachers 
 of day schools, officers of the general government, civil officers of the State, 
 executive officers of the said city, and members of the General Assembly, 
 and of the City Council, when severally in session. 585. The court to 
 which any juror may be summoned, on application, may excuse such juror 
 if suffering under family affliction, or under a necessity of speedily going 
 abroad, but pressure of engagements, whether of business or of pleasure, is 
 not to be deemed a sufficient justification for being relieved from jury ser- 
 vice,] of the Code of Public Local Laws relating to the City of Baltimore, 
 as it was reported by the commissioners to the General Assembly, and 
 adopted by the act of 1860, c. 1, form no part of the existing laws of the 
 State ; they having been repealed by implication, by virtue of the act of 1860, 
 c. 308, [sec. 601, &c.,P. L. L., art. 4, p. 558, ante,] which provided for the 
 selection of jurors for Baltimore city. The words " qualified under the law 
 of this State," as used in sec. 1, of act of 1860, c. 308, [p. 558, ante,] refer to 
 the qualification of jurors, prescribed by Art. 50, of the Code of Public 
 General Laws of 1860. Albert, Sheriff, v. Wfdte, 33 Md. 297. 
 
 Decision of Brown, C. J., in City Court, May, 1874, in John I^ffler v. Jacob 
 Brandt, Jr. In this case one of the grounds of a motion for a new trial by 
 the defendant is tliat one of the jurors, although over twenty-one years of 
 age, had not arrived at the age of twenty-five, and that this fact, in proof of 
 which affidavits had been filed, was not known to the defendant or his 
 counsel until after the verdict was rendered. Article 50, section 1 of Code 
 P. G. L., provides that " no person shall be summoned and returned upon a 
 panel as a juror who may not have arrived at the age of 25 years." 
 Section 3 provides that "all persons over 70 years shall be exempt 
 from attendance as jurors." Section 6 enacts that " no sheriff shall summon 
 any person to serve as a juror in any court where he hath knowledge that 
 such person hath any matter of fact depending for trial at the same court, 
 and no person liaving such matter of fact depending for trial shall be ad- 
 mitted as a qualified juror ; and such disqualification shall be allowed as a 
 good cause of challenge ; but no verdict of a jury shall therefor be set aside 
 or judgment thereon stayed, arrested or reversed." 
 
 The provision as to the age of twenty-five years is taken from the Act of 
 Assembly of 1797, chapter 87, section 5, and that as to the age of seventy 
 
568 JuKOKS. 
 
 Article XXXI. — Ordinance. 
 
 served as such in any of, the said courts, a list of the names of 
 such jurors, showing the number of days each juror has at- 
 tended as a juror, the term in which said service was rendered, 
 and the amount due each juror. 
 
 years is taken from tlie act of 1858, chapter 139. The provision contained 
 in section 6 is taken from the act of 1715, chapter 37, section 9. 
 
 Tlie provision as to the age of seventy years is declared to be an exemp- 
 tion from attendance as a juror, and the disqualification mentioned in section 
 6 is only a cause of challenge, but not a ground for setting aside a verdict. 
 Is the prohibition contained in section 1 against summoning and returning 
 on a panel a juror who may not have arrived at the age of twenty -five years, 
 such a disqualification as would justify the coart in setting the verdict aside 
 on motion ? The section itself is not explicit on the point-. In Shane v- 
 Clarke, 3 H. & McH. 101, decided in 1792, the General Court of Maryland, 
 Chase, C. J., being absent, set aside a verdict because one of the jurors had 
 not taken the oath of fidelity to tlie State directed by the act entitled " An 
 act for the better security of the Government." (1777, c. 20.) No opinion 
 was given by the court and the brief entry is: " Let there be a new trial. A 
 non-juror is totally incapacitated to serve on a jury." But in the case of the 
 Tide-ioater Canal Company v. Arclier, 9 G. & J. 197, it was in 1839, decided 
 in an able opinion by Magruder and Purviance, J., sitting in Harford County 
 Court, that it is the policy of our statutes regulating the qualifications of jurors 
 to require an objection to a juror to be made by a challenger before he is 
 sworn, and that it can only be taken advantage of in that mode. I shall, 
 therefore, consider the question as an open one in this State, to be settled by 
 the weight of reason and authority. The objection is one of strict law. 
 There is no allegation against the suitableness of the juror in any respect, 
 except in the qualification of age. It was competent for the defendant to 
 have made the proper inquiries, and after having satisfied himself on the 
 subject, to have made the objection before the juror was sworn, but this he 
 neglected to do. He waited until he had lost his case- If a party to a suit 
 may omit to make such inquiries until after a verdict has been rendered 
 against him, and may then set it aside on tlie discovery and proof of the 
 existence of a good cause of challenge against any one of the jury, it would 
 introduce an additional element of uncertainty in the administration of 
 justice, and lead in many cases to great and unnecessary delay and expense. 
 These considerations are, in my judgment, conclusive, against allowing the 
 motion, unless I should be compelled to do so by a great preponderance of 
 the authorities. But I find on examination that the weight of tbe authorities, 
 and especially of those of more modern date, is decidedly in favor of sustaining 
 the verdicts of juries against all similar objections. In the People v. Jewitt, 
 6 Wend. 386, it was decided by the Supreme Court of the State of New 
 York that it is not a good plea to an indictment that one of the grand jurors 
 who found the same, is not a freeholder. The court say, " this, in a civil 
 
Jurors. 569 
 
 Article XXXI. — Ordinance. 
 
 2. On the presentation of a certificate from any of the ibid s. 2. 
 clerks of the several courts of this city by any juror, or liis CerUBfate to 
 
 _ ' bfi presented to 
 
 legal representative, to the Kegister of the City for payment Register. 
 
 after the said Kegister shall have received from the clerk of said 
 
 court the list of jurors as provided in the preceding section, 
 
 and it shall appear on examination of said list so received as 
 
 aforesaid, that the certificate presented for payment is correct, 
 
 the said Kegister is liereby autliorized and directed to pay Register to pay 
 
 1 . I . 1 1 • 1 1 ariKiunt due. 
 
 such juror, or his legal representative, the amount due as 
 shown by said certificate.*. 
 
 case, would not be sufficient ground per se for setting aside the verdict of a 
 jury, altliough the law expressly requires that petit jurors shall be free- 
 holders." 
 
 In the case in Massaachusetts of AmJierst v. Iladley, 1 Pick. 38, a juror was 
 drawn iiKire than twenty days before the sitting of tlie court, contrary to the 
 statuto, hut tlie fact did not come to tiic knowledge of the defendant until 
 after a verdict against him. The court held that this was no cause for set- 
 ting aside the verdict upon motion, and that it would not sustain a writ of 
 error. The court say : " The ancient cases are more strict in regard to irre- 
 gularities of this sort, and there is some conflict among the authorities, 
 which is a thing that often happens in matters of practice, as practice is 
 susceptible of continual improvement. The plaintiffs are not to lose all 
 their expense and trouble for an irregularity by which the defendants 
 have not been injured, and which was occasioned by an officer over 
 whom the plaintifl" had no control." In the case of Barnett v. Matthews, 
 40 Howard, Pr. Rep. 428, it was held in New York that the verdict of a jury 
 will not set aside as irregular because one of the jurors was en alien, an 
 unnaturalized citizen, where the ol)jection was not raised and proper chal- 
 lenge made when the jury was drawn. In such cases the parties are con- 
 cluded, although the act forming the objection may not have come to their 
 knowledge until after trial ; and in the case of the United States v- Baker, 3 
 Benedict, 68, it was decided by Blatchford, J., of the District Court of the 
 United States, that nothing that is a cause of challenge to a juror before 
 verdict can be used to set aside a verdict. Where one of the jurors in a 
 criminal trial was deaf, and the defendant was ignorant of the fact when the 
 jury was empanneled, it was held that it was no cause for setting aside the 
 verdict. 
 
 * The above ordinance recites the act of 1865, c. 78, sec. 33 of this Article. 
 
570 
 
 Librarian. 
 
 Article XXXII.— Ordinances. 
 
 ARTICLE XXXIL 
 
 LIBRARIAN. 
 
 ORDINANCES 
 
 1. Appointment. 
 
 2. Duties. 
 
 3. Salary : bond. 
 
 4. Schedule of stationery and 
 
 printed matter required for the 
 fiscal year by departments, to 
 be furnished librarian. 
 
 5. Librarian to advertise for pro- 
 
 p s a 1 s for stationery and 
 printed matter : contracts. 
 
 6. Account of stationery and print- 
 
 ed matter furnished depart- 
 
 9. 
 10. 
 11. 
 
 ments: report to Mayor and 
 City Council. 
 
 Not applicable to Commissioners 
 of Public Schools. 
 
 Appointment of Assistant Libra- 
 rian : bond : oath. 
 
 When Librarian ex-officio. 
 
 Salary. 
 
 Duties of Assistant Librarian : 
 books : contracts : annual 
 statement. 
 
 ORDINANCES 
 
 No. 129, Nov. 5, 1. A City Librarian shall be annually appointed when and 
 Appointment, as Other city officers are appointed. 
 
 Ibid, s. 2. 2. The said Librarian shall, under the supervision and di- 
 
 Duties. rectioo of the Register of the City, take under his charge and 
 
 keeping all the books and documents of e^ery description, and 
 the archives, records, papers and proceedings of the corporation 
 (except those relating to the titles of City property) now in 
 the possession of the city authorities, or which may hereafter 
 come into their possession, and also all the ordinances, resolu- 
 tions and proceedings of the City Council after each and every 
 session thereof; and the said Librarian shall arrange and class- 
 ify, so as easily to be found when needed, all the books, 
 
Librarian. 571 
 
 Article XXXII. — Ordinances. 
 
 documents, records, papers, ordinances and resolutions and 
 proceedings hereby placed and hereafter to come under his 
 charge and keeping ; and tlie said Librarian shall furthermore 
 carefully collect and arrange and safely keep a complete series 
 of ordinances and resolutions and proceedings of the Mayor and 
 City Council, and all other books, papers and memorials re- 
 lating to Baltimore, from its beginning as a town to the pres- 
 ent time, and shall continue the same annually ; 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 l)e taken from the City Library, except by city 
 officers, and then only on a written receipt from such city of- 
 ficer 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 
 tlie return of the book, document, record or paper so borrowed; 
 and the said Librarian shall see that no books, documents, re- 
 cords or papers of any sort be lost or mislaid by said city 
 officers; he shall also carefully index in a book, to be kept 
 for that purpose, all the books, documents, records and papers 
 of said library ; a room for which shall be provided in the City 
 Hall, and properly furnished for the reception and custody of 
 said library, under the direction of the City Register, City 
 Librarian, and the Superintendant of said City Hall. 
 
 3. The salary of the City Librarian shall be fifteen hun- ibid, a. 3. 
 dred dollars per annum ; and he shall give a good and suffi- saiary. 
 cient bond, to be approved by the Mayor and Register, in the Bond, 
 sum of five thousand dollars, for the faithful performance of 
 
 his duties in the premises. 
 
 4. Each of the departments of the city government shall, no. 74, s. 1, May 
 
 , . , n \ ,. I ^ , . J, . , 9, '7G J No. 67, 
 
 on or before the first day 01 December in every year, lurnisli June 29. '77. 
 to the City Librarian a schedule of all stationery and printed stationery and 
 
 printed matter 
 
 matter, which may be required for the use of such department required lor the 
 
 ' •' ^ ' Jjacal year te be 
 
 for the year commencing on the first day of January thereafter, [^"j'^'yarian. 
 
572 
 
 Librarian. 
 
 Article XXXII. — Ordinauces. 
 
 Ibid, s. 2. 5. It shall be the duty of the City Librarian, twenty days 
 
 Proposals for urior to the drst day of Januai'y in each year, to advertise for 
 
 stationery and 
 
 printed matter, proposals for fumishing all snch stationery and printed mat- 
 ter as may be required by the respective departments of the 
 city government for the ensuing fiscal year ; no proposals shall 
 be received from any but those actually engaged in the print- 
 ing and stationery business in Baltimore ; such proposals, when 
 received, shall be opened, and the contracts awarded in the man- 
 ner prescribed by sections 61 to 54 of Article I of this Code ; the 
 right to reject any bid that shall not be deemed for the best inter- 
 
 contracts. cst 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 
 of the city government, over and above the quantity specially 
 designated in said contracts, shall be furnished by the contrac- 
 tors at the same rate charged for articles which are specifically 
 mentioned in said contracts, and if any supplies are required 
 which are not mentioned in said contract they shall be furnished 
 at the lowest market rates. 
 
 Ibid, s. 3. 3. It shall be the further duty of the City Librarian to 
 
 Acfountof furnish to each of the departments of the city government, 
 
 stationery and ^ . , • " , 
 
 printed matter from time to time, upon the requisition of the heads of said 
 
 lurnisbed de- ' ' ^ 
 
 partments. departments, the stationery and printed matter which may be 
 necessary for the use of said departments, and to keep an ac- 
 curate account of all supplies which may be so furnished ; and 
 
 Report to Mayor he shall aunuallv rcDort to the Mavor and City Council the 
 
 and City Coun- . /. -^ • " .111^ 
 
 cii- quantity of stationery and printed matter which he shall fur- 
 
 nish to the respective departments during the preceding fiscal 
 year, and the expense of the same. 
 
 Ibid, 3. 4. 7. The provisions of this ordinance shall not be applicable 
 
 to° Com mission- to the Commissioners of Public Schools. 
 
 ers of Public 
 Schools. 
 
Librarian. 573 
 
 Article XXXII. — Ordinances. 
 
 8. The City Librarian, with the approval of the Mayor, is No. 112, June 
 hereby authorized and directed to appoint an assistant, who Appointment of 
 
 »i»/>irt» T Assistant Libra- 
 
 shall perform such duties of the office as the Librarian shall "an- 
 
 from time to time prescribe and direct, and for whose acts the 
 
 Librarian shall be held responsible ; the Librarian shall have 
 
 power to require from said assistant a bond approved by the Bond. 
 
 Mayor, with condition for the faithful performance of his 
 
 duties, with such penalty and such security as he may deem 
 
 proper; and before he enters upon the duties of his office, the 
 
 said assistant shall take the oath prescribed to the officers ofoath. 
 
 the corporation. 
 
 9. In the event of the necessary absence of the Librarian, iwd, s. 2. 
 from sickness or other cause, the assistant, with the approba- when Librarian 
 
 ex-officio. 
 
 tion of the Mayor, shall have full power and authority to 
 perform all the duties of the Librarian. 
 
 10. The salary of the Assistant Librarian of the City shall iwd.s.s; No. 
 
 ■^ •' 41, June 4, '77. 
 
 be nine hundred dollars per annum, payable monthly. salary. 
 
 11. The Assistant Librarian shall attend at the City Li- ibid, s. 4. 
 brary daily from 9 A. M. to 3 1*. M., and at such other hours Duties of assis- 
 as the City Librarian may require his services; he shall, under 
 
 the direction of the City Librarian, open a set of books in Books, 
 which shall be entered all requisitions made upon the City 
 Librarian from the different departments of the city govern- 
 ment from time to time, and shall charge to each department 
 all books, stationery and printed matter they may receive 
 from said Librarian ; he shall keep a correct list of all books, 
 stationery and printed matter in charge of said Librarian ; he 
 shall make a record of all bids received for books, stationery 
 and printed matter, and note all bids received and those 
 rejected ; he shall copy and file away all contracts made or contracts. 
 entered into between bidders and the City Librarian ; and 
 annually prepare a general statement of all the transactions Annual state- 
 of the City Librarian's office. 
 
574 
 
 LiCEJNSES. 
 
 Article XXXIII. 
 
 ARTICLE XXXIII. 
 
 LICENSES 
 
 STATUTES 
 
 BILLIARDS. 
 
 1. Licenses for billiard tables : pro- 
 
 visos- 
 
 2. Penalty. 
 
 3. Right of municipal corporations 
 
 to impose further tax. 
 
 WOOD. 
 
 4. Wood hucksters to be licensed : 
 
 costs. 
 
 5. One license not to include more 
 
 than two persons. 
 
 6. Penalty for retailing without li- 
 
 cense. 
 
 7. Masters and owners of vessels 
 
 excepted. 
 
 PEDDLERS. 
 
 8. Permit to peddle notions and 
 
 small wares : stock in trade : 
 revoking permit. 
 
 PAWNBROKERS. 
 
 9. Licensing and regulating pawn- 
 
 brokers. 
 
 THEATRICAL AND PUBLIC AMUSE- 
 MENTS. 
 
 10. Licensing, regulating, &c. the- 
 
 atrical, &c., amusements. 
 
 DUTY OF SHERIFF. 
 
 IL Alphabetical list to be made by 
 Sheriff of Baltimore : to be re- 
 turned to grand jury : notice 
 to be published : Sheriff's fees. 
 
 ORDINANCES 
 
 AMDSEMENTS. 
 
 Penalty for keeping unlicensed 
 billard tables, &c.: terms of li- 
 cense : tax. 
 
 Persons applying for license to 
 give bond : Mayor may trans- 
 fer license : proviso. 
 
 What games at billiards are law- 
 ful. 
 
 Minors not to be permitted to 
 play at billiards, &c. 
 
 Nine and ten-pin alleys to be li- 
 censed: cost of license: penalty. 
 
 10. 
 
 Assent for same required : pro- 
 viso. 
 
 Not to be used after 11^ o'clock 
 at night. 
 
 Minors not to be permitted to 
 play : penalty. 
 
 Shuffle boards to be licensed 
 tax: penalty. 
 
 Theatrical performances to be 
 licensed : penalty : tax for the- 
 atrical exhibitions: for circus : 
 lor rope dancing, &c.: for live 
 animals: for other exhibitions. 
 
LlC£N6£6. 
 
 575 
 
 Article XXXIII.— Statutes. 
 
 11. Penalty for performing without 
 
 license. 
 13. Payment in lieu of license. 
 
 13. Balls: penalties. 
 
 14. Licenses for balls. 
 
 15. Musical parties regulated : con- 
 
 certs for charitable purposes. 
 
 Penalty for defacing bills des- 
 criptive of performance. 
 
 Mayor authorized to refuse or 
 revoke license. 
 
 City Solicitor to institute pro- 
 ceedings. 
 
 DOGS. 
 
 Not to go at large without li- 
 censed number. 
 
 Amount of license. 
 
 Persons may be appointed to 
 destroy dogs : dngs destroyed, 
 how to be disposed of: com- 
 pensation. 
 
 Dogs running at large during 
 certain months : how disposed 
 of: provisos. 
 
 Licensed dogs to be muzzled : 
 penalty. 
 
 Penalty for removing a licensed 
 collar or muzzle. 
 25. Execution of ordinance. 
 
 16. 
 
 17. 
 
 18 
 
 19. 
 
 20. 
 21. 
 
 22 
 
 23 
 
 24 
 
 26. 
 
 27. 
 
 28. 
 
 29. 
 
 30. 
 
 31. 
 32. 
 33. 
 34. 
 35. 
 36. 
 
 37. 
 
 38. 
 
 39. 
 
 40. 
 
 41. 
 
 Powers of Mayor when com- 
 plaints are made against troub- 
 lesome dogs : penalty. 
 
 Poisoned meat, «&c., not to be 
 thrown in streets. 
 
 Appropriation. 
 
 PAWNBROKERS. 
 
 Mayor to grant license : license: 
 term. 
 
 Who may be pawnbrokers, and 
 where. 
 
 Bond. 
 
 Powers of pawnbrokers. 
 
 Deposits. 
 
 Charges: books. 
 
 Form of action on bond. 
 
 Duty of Register and city offi- 
 cers. 
 
 Not to sell spirituous liquors : 
 Mayor may revoke license. 
 
 Fines and penalties. 
 
 BELLING IN STREETS. 
 
 Mayor authorized to grant li- 
 censes to sell certain articles 
 on footways. 
 
 Oranges, &c., not to be sold with- 
 out license : penalty. 
 
 Extent of license : .penalty. 
 
 42. Notice to be given : proviso. 
 
 STATUTES 
 
 BILLIARDS. 
 
 1. A license may be granted to any person who may apply i87o, c. 250. 
 for permission to keep a billiard table, for which license there License for bu- 
 shall be paid the sura of fifty dollars, and for every additional 
 billiard table kept by the same person or persons, he, she or 
 they shall pay a license of twenty-five dollars; jyrevided, that Provisos. 
 all said additional tables shall be kept in the same apartment; 
 provided, that this act shall not apply to any billiard table 
 kept for private use.* 
 
 *An incorporated club, owning and keeping a billiard table, at which 
 members and stra ngers play at a charge of six and a quarter cents per game, 
 
576 LicKNSES. 
 
 Article XXXIII.— Statutes. 
 
 1865, c. 56. 2. Any person or persons keeping or exhibiting for use a 
 
 Penalty. billiard table or tables, without first obtaining a license there- 
 
 for, shall for each and every table so kept or exhibited, forfeit 
 and pay the sum of five hundred dollars, one-half to the in- 
 former and the other half to the State. 
 
 p. G. L., art. 56, 3* Nothing herein contained shall impair the rights of the 
 Right of muni- corporations of the cities of Baltimore, Annapolis, Frederick, 
 
 cipal corpora- , . . • i • o 
 
 tions to impose or the coinmissioncrs of any incorporated town in this otate, 
 
 further tax. _ ./ r 
 
 to impose a further tax on billiard tables. 
 
 WOOD. 
 
 186^0.173. 4. The clerk of the Court of Common Pleas may issue 
 
 Wood buck- licenses to retail and huckster wood on any of the wharves in 
 censed. the city of Baltimore, upon the payment of one hundred dol- 
 
 lars for the use of the State. 
 
 p. L L., art. 4, 5. Not morc than two persons shall be included in any one 
 
 sec. 948. 
 
 One license not licensc, and the names of both shall be expressed therein, and 
 
 to include more i ,. i ii l ii 
 
 than two per- such hceuse shall be annually renewed. 
 
 sons. 
 
 1862,0. 173. 6. No 'person shall retail or huckster wood on any wharf in 
 
 Penalty for re- the city of Baltimore under a common trader's license, or with- 
 
 tailing without 
 
 license. out having first obtained a license for said purpose, as provided 
 
 in the preceding two sections ; and any person so offending shall 
 be fined one hundred dollars, one-half for the use of the State 
 and the other half for the use of the person who shall prosecute 
 for the same. 
 
 to be paid by the members only, which charge, however, does not defray the 
 expense of keeping the table, is liable to the above tax. Tlie Germania v. 
 The State,! MA. 1. 
 
 A license required to be obtained by the payment of money is a tax. 
 Lucas v. Lottery Commissioners, 11 G. & J. 490; McEvoy v. Mayor, &c. Bait. 
 3 H. & J. 193. 
 
Licenses. 577 
 
 Article XXXIII.— Statutes. 
 
 7. Nothing contained in the preceding sections shall prevent p. l. l., art. 4, 
 
 sec 950 
 
 masters and owners of vessels from selling or retailing wood Masters and 
 
 ..I , T jt owners of ves- 
 
 WltnOUt a license. sels excepted. 
 
 PEDDLERS. 
 
 8. The Mayor of Baltimore may grant a permit to such i87«, c. 414. 
 number of poor persons as to him may seem proper to peddle, Permit to ped- 
 
 •ii • ii T •. i» T-> 1 • . ■ 1 n die notions and 
 
 Within the limits 01 xJaltimore city, notions and small wares smaii wares. 
 
 without a license; provided, that the stock in trade of any stock in trade. 
 
 such peddler shall not exceed twenty-five dollars in value, and 
 
 provided, that said Mayor may at anytime revoke any such Revoking per- 
 mit, 
 permit. 
 
 PAWNBROKERS. 
 
 9. The Mayor and City Council have power to pass all p. l. u.art. 4, 
 ordinances to provide for the licensing and regulating pawn- Licensing and 
 brokers within the city of Ba,ltimore.t pawnbrokers. 
 
 THEATRICAL AND PUBLIC AMUSEMENTS. 
 
 10. The Mayor and City Council have power to provide for p. l. l., art. 4, 
 licensing, regulating or restraining theatrical or other public Licensing and 
 
 . , . , . ,. Ti 1 . • regulating the- 
 
 amiisements within the city 01 lialtimore.l atricai, &c.. 
 
 " ' amusements. 
 
 * See p. 326, ante. 
 
 t The following is added to Article 56 of the Code of Public General Laws 
 by the act of 1874, c. 256 : 
 
 Any person applying for the same and paying the sum of one hundred 
 dollars may obtain a license to carry on the business of a pawnbroker. If 
 any individual, co-partnership or firm shall use or exercise the business or 
 occupation of a pawnbroker, without having procured a license as required 
 by this act, he shall be subject to a penalty of five hundred dollars for each 
 offence, one-half for the use of the State and tlie other half to the informer. 
 
 By act of 1874, c. 231, the Clerk of the Court of Common Pleas is allowed 
 two per centum commission for receiving and paying over public moneys re- 
 ceived for licenses, fines or otherwise ; the clerks of the other courts of the 
 State are allowed five per centum. 
 
 t See Theatrical Exhibitions, Art. LI. 
 
 Note.— The following decision of Supreme Court U. S. reverses the deci- 
 sion of the Court of Appeals of Md. in 31 Md. 279. 
 A statute of Maryland, required all traders resident within the State to 
 
578 
 
 Licenses. 
 
 Article XXXIII.— Statutes. 
 
 18R6, c. 151. 
 
 Alphabetical 
 list to be made 
 by Sheriff of 
 Baltimore. 
 
 DUTY OF SHERIFF. 
 
 11. It shall be the duty of the Sheriif of Baltimore City, an- 
 nually, in the month of April, to make, or cause to be made, 
 an alphabetical list of the names of all the persons, or bodies 
 corporate, or politic, in each ward of the city of Baltimore, who 
 shall be exercising or 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 Article 56 of the Code of Public General Laws, and to 
 To be returned rcturu such list to tlic fifrand iury of said city at as early a 
 
 to grand jury. o .J ./ J J 
 
 period as practicable after the first day of May then next ensu- 
 ing; and the said sheriff shall, within the first week of the 
 month of April, cause a notice to be inserted in the daily 
 papers of the city, cautioning all persons and bodies corporate 
 or politic whom it may concern to obtain a license or renew 
 the same on or before the first day of May then next ensuing; 
 Sheriff 's fees, and Said sheriff shall be entitled to and receive twenty -five 
 
 Notice to be 
 published. 
 
 take out licenses, and to pay therefor certain sums regulated by a sliding 
 scale of from twelve dollars to one hundred and fifty dollars, according as 
 their stock in trade might vary, from one thousand to more than forty thou- 
 sand dollars. The statute also made it a penal offence in any person not 
 being a permanent resident in the State [see 1868, c. 413] to sell, offer 
 for sale or expose for sale, within the limits of the city of Baltimore, any 
 goods, wares or merchandise whatever other than agricultural products 
 and articles manufactured in Maryland, either by card, sample or other 
 specimen, or by written or printed trade-list, or catalogue, whether such 
 person be the maker or manufacturer thereof or not, without first obtaining 
 a license so to do, for which license [to be renewed annually] a sum of three 
 hundred dollars was to be paid. Held, that the statute imposed a discrimi- 
 nating tax upon non-resident traders trading in the limits mentioned, and 
 that it was pt^o ianto repugnant to the Federal Constitution, and void. Ward 
 V. Maryland, 12 Wallace, 418. 
 
 In State v. McCarty, in Criminal Court, May 10, 1876, Gilmor, A. J., held 
 that : Since this decision of the Supreme Court, section 41 of Art. 56 of the 
 P. G. L. applied to the case of non-resident traders in this State, and that 
 under this section a non-resident was on the same footing as a resident 
 trader, and was required to take out license. 
 
Licenses. 579 
 
 Article XXXIII.— Ordinances. 
 
 cents for every license obtained by any person whose name 
 shall be contained in the list or lists 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. 
 
 ORDINANCES . 
 
 AMUSEMENTS. 
 
 1. No billiard table, rondo table, or bagatelle table, shall be no. 36, s. s, r. 
 erected, set up, kept, or in any respect whatever used for the y.'w; Nolav, ' 
 
 . ^ *^ •' ^ Apl. 5, '60; No. 
 
 purpose of either gaming or entertainment within the city, 46, July 2, '6o. 
 without a license for that purpose previously obtained from penalty for 
 the Mayor, under the seal of the corporation, under a penalty censed buiiard 
 not exceeding twenty dollars for each and every day that such 
 billiard table, rondo table, or bagatelle table, may have been 
 set up, kept, or erected, without license ; and every license 
 granted as aforesaid shall be expressed to be only for the term Terms or 
 of one year from the date thereof; and for every license for 
 the keeping of a billiard table, rondo table, or bagatelle table, 
 that shall or may be granted under this ordinance, the person 
 obtaining the same shall forthwith pay or secure to be paid to 
 the Comptroller, for the use of the corporation, the sum of 
 twenty-five dollars for each billiard table, twenty-five dollars 
 for each rondo table, and twenty-five dollars for each bagatelle 
 table, which shall be in lieu of every other tax imposed upon Tax. 
 such tables by the corporation. 
 
 2. Before any such license shall be granted, the person or no. 36, s. 6, r. 
 persons applying for the same shall give bond to the Mayor persons appiy- 
 
 /-i -r-» 1 /»iijj '"S f""" licenses 
 
 and City Council of Baltimore in the sum of three hundred to give bona, 
 dollars in the case of billiard tables, and one hundred dollars 
 in the case of bagatelle tables, with security to be approved 
 by the Mayor, conditioned for the allowing to be played upon 
 such table such game or games only as are or shall be permit- 
 
580 Licenses. 
 
 Article XXXIII. — Ordinances. 
 
 ted by the ordinances of the city, and also for the absolute 
 
 prohibition of every other game or games whatever ; and the 
 
 Mayor may Mayor shall, or may when thereto required, transfer or assign 
 
 transfer license. . . 
 
 such license for the residue of the term for which it may have 
 Proviso. been granted ; provided, he shall consider the proposed assignee 
 
 to be a fit person to have such license, who shall also give bond 
 as aforesaid ; and if the Mayor shall, by proper and competent 
 testimony, be satified that any billiard table or bagatelle table 
 license as aforesaid shall be used or employed contrary to the 
 ordinances of the city, he shall thereupon have the right and 
 authority to revoke such license ; and the person licensed to 
 keep such table shall, moreover, be liable to such fine or fines 
 as this or any other ordinance of this city imposes on such 
 offence. 
 
 Ibid, s. 7. 3. Every game or games played upon billiard tables shall 
 
 What games at be dccmcd and considered unlawful, and are hereby prohibited, 
 
 billiards are i i . i i n i i j 
 
 lawful. except only the game played with two balls, tlie game played 
 
 with three balls, the game played with four balls, and the 
 game commonly called pool, such being the usual games of 
 billiards. 
 
 No. 31, May 10, 4. It sliall not be lawful for any person or persons who 
 
 Minors not to may liavo a permit or license to erect or keep a billiard 
 
 pUya'^i billiards, saloon, or billiard table, as mentioned in the preceding sec- 
 Ac. 
 
 tions, to allow any minor to play at any game in said saloon, 
 
 or on any billiard table, under a penalty of ten dollars for 
 
 the first offence, and twenty dollars for every subsequent ofience. 
 
 No. 36, s. 8, R. 5. If any person or persons shall erect, set up, keep, main- 
 Nine ana ten tain, or in any respect whatever use for amusement or enter- 
 licenseY. taiument within the city, any bowling saloon, bowling alley, 
 
 nine or ten pin alley, or any other device or structure, in or 
 upon which one or more pins are set up, for the purpose of 
 casting, throwing, pushing or rolling against such pin or pins, 
 one or more balls, or other missiles, without having obtained 
 
LiCENBEB. 581 
 
 ^ I , 
 
 Article XXXIII.— Ordinances. 
 
 a license therefor, for which license there shall be annually cost of iioen«e. 
 paid, if said structure be located within the limits of direct 
 taxation, the sum of fifty dollars, and out of the limits of di- 
 rect taxation twenty-five dollars, such person or persons shall 
 forfeit and pay a penalty of twenty dollars for each and every Penalty, 
 day he, she or they may so offend. 
 
 6. No license shall be granted to any person or persons ibw, s. 9. 
 applying to open a saloon, alley, or structure, under the pro- Assent for same 
 
 ,. ,, ,. . , . , ,. reqaired. 
 
 Visions 01 tlie preceding section, unless said applicant or 
 applicants shall obtain the assent in writing of a majority 
 of the property holders in the immediate square where said 
 alley is to be located ; provided, that this section shall not Proviso 
 apply to any saloon, alley, or structure, which has been here- 
 tofore licensed and never discontinued. 
 
 7. If any proprietor or proprietors of any such bowline ibid, a. lo; No. 
 
 1 L 1 • VI J . , ,, «. ,1*. Mar. 5, '66. 
 
 saloon, bowling alley, device or structure, shall suffer or allow Not to be used 
 any person or persons to play upon or use, in any manner at night, 
 whatever, such alley, device, or structure, after half-past eleven 
 o'clock at night, and before sunrise in the morning, he, she, 
 or they, as the case may be, shall forfeit any pay two dollars 
 for each and every such offence. 
 
 8. It shall be unlawful for any person or persons, who may ibid, s. 11. 
 have a permit or license, to erect or keep any such saloon, Minors not to 
 
 , . J . be permitted to 
 
 alley, or other device or structure, as mentioned in section 5, pW- 
 to allow any minor to play at any game, under the penalty of 
 ten dollars for the first offence, and twenty dollars for every Penalty, 
 subsequent offence.* 
 
 9. It shall not be lawful for any person or persons to keep ibid, ». 12. 
 
 a shuttle board in the city, unless he, she or they shall first shuffle boards 
 
 , . to bo licensed. 
 
 obtain iroin the Mayor a license therefor, and for every such 
 
 * See further as to Licenses, under Auctions, Art VI ; Carriages, Horses, 
 Boats and Scows, Art. VIII ; Comptroller and Register, Art. XI ; Healthi, 
 Art. XXIII ; Inspections Weights and Measures, Art. XXVIII ; Markets, 
 Art. XXXV. 
 
582 Licenses. 
 
 Article XXXIII. — Ordinances. 
 
 Tax. license there shall be paid to the Comptroller the sum of 
 
 twenty dollars ; and if any person or persons shall keep a 
 shuffle board in violation of this section, he, she or they so 
 
 Penalty. offending shall forfeit and pay the sum of one dollar for each 
 
 and every day.* 
 
 No. 37, 8.1, R. 10. No person or persons, within the limits of the city, 
 Theatrical per- shall act, cxhibit, play, Or perform any play, farce, interlude, 
 
 formances to be ' 
 
 licensed. show, Opera Or other theatrical or dramatical performance, 
 
 entertainment or show, or public exhibition, for gain, without 
 a license for that purpose had and obtained from the Mayor, 
 
 Penalty. undcr the seal of the city, under the penalty of twenty dollars 
 
 for each and ever offence ; which said license shall express for 
 what it is granted and the time it is to continue ; and the fol- 
 
 Taxfor theatri- lowiug tax Or fine shall be imposed and laid upon each license 
 
 cal exhibitions. j r> • i i • i n 
 
 granted as aforesaid, which tax or fine shall be paid, or secured 
 to be paid, to the Comptroller of the City on the granting of 
 For circus. such liccnsc, as follows, to wit : for circus or feats of horseman- 
 ship in a building permanently erected for that purpose, three 
 dollars for each performance; for circus or feats of horseman- 
 ship performed under a covering of canvass or any otlier ma- 
 terial temporarily erected for that purpose, ten dollars for each 
 For rope danc- performance ; for rope or wire dancing, or puppet shows, fifteen 
 For live ani- dollai'S for cacli wcck ; for exhibitions of living animals, five 
 For other exhi- dollars for cach day or night of exhibition ; for all other public 
 
 bitions. 
 
 exhibitions for gain, five dollars per week. 
 
 Ibid, s. 2. 11. It shall be the duty of every proprietor of any theatre 
 
 Penalty for or museum, before they permit any person or persons whatso- 
 
 performing 
 
 without license, cvcr to usc such theatre or museum for the purpose of acting, 
 playing or performing any play, farce, interlude, opera or other 
 theatrical or dramatic performance, or any scene, selection or 
 portion of any play, farce or drama of any description, for gain, 
 to obtain from the Mayor the license required by this ordinance, 
 
 * See Gaming, Art XXI, and Sabbath-breaking, Art. XLII. 
 
Licenses. 583 
 
 Article XXXIII. — Ordinances. 
 
 either in their own names or in those of the managers of sucli 
 performance, under a penalty of twenty dollars. 
 
 12. Tile owner or lessee of any hall or theatre, on the pay- No. loi.June 
 merit to the Comptroller of fifty dollars, shall have the occu- Payment la lien 
 
 •' of license. 
 
 pants of his or their hall or theatre exempted from license for 
 one year. 
 
 13. It shall not be lawful for any person or persons to hold no. lo, Mar. lo, 
 
 '64 ; No. 10, 
 
 a ball where an admission fee is charged, without first obtain- Feb. 26, '64. 
 iug from the Comptroller of the City a license or permit so to Baiu. 
 do, under a penalty of not less than ten nor more than twenty Penalty, 
 dollars. 
 
 14. A tax or license for all balls shall be levied as follows : no. lo.Feb. 26, 
 
 '64 
 
 the tax or license for all balls shall be one dollar per day or Licenses for 
 night when the admission fee does not exceed twenty five 
 cents; three dollars per day or night when it exceeds twenty- 
 five cents, but is not over fifty cents ; five dollars per day or 
 night when it exceeds fifty cents, bnt is not over one dollar, 
 and ten dollars per day or night when it exceeds one dollar, 
 and on all fancy, masked, or rag balls, a tax of ten dollars per 
 day or night when an admission fee is charged. 
 
 15. The tax or license for musical parties shall be one No. 37. ». s, r. 
 dollar per night, when the admission fee does not exceed Musical parties 
 
 , ^ regulated. 
 
 twenty-five cents, and three dollars per night when it exceeds 
 twenty-five cents but not over fifty cents, and five dollars per 
 night when it exeeeds fifty cents. But the Mayor is authorized 
 to grant, free of expense, all applications for license for con- concerts, tc, 
 
 lor charitable 
 
 certs or performances of any kind, where the proceeds are purposes. 
 intended for charitable purposes. 
 
 16. It shall not be lawful for any person or persons toiwd, s. 4. 
 destroy, tear, or otherwise deface any bill (posted in such pg^^ity f„r Re- 
 places as may be permitted) descriptive of any performance scripuve ol' 
 
 ,,. .. iiiLU' per'oruiance. 
 
 paying a license to the city lor permission to hold such exhi- 
 bition ; and any person or persons violating the provisions of 
 
. 584 Licenses. 
 
 Article XXXIII. — Ordinances. 
 
 this section shall forfeit and pay for each and every offence 
 
 the sum of two dollars. 
 Ibid, s. 6. 17. The Mayor shall have full power and authority to re- 
 
 Mayor author- fuse to arrant licenses under this ordinance, and also have full 
 
 izej to refuse or " 
 
 revoke licenses, power and authority to revoke any license granted by virtue 
 
 of this ordinance, should he think proper so to do. 
 ^*'i<i'S-7. 18. Whenever the City Solicitor shall be notified of any 
 
 City Solicitor to violation of the provisions of this ordinance, it shall be his 
 
 institute pro- ^ 
 
 ceediugs. duty immediately to institute legal proceedings against the 
 
 offender or offenders, to recover from him, her, or them, the 
 penalty or penalties prescribed by this ordinance. 
 
 DOGS. 
 No. 64 s. 1, R. 19. Ko dog or bitch shall be permitted to run at large 
 Dogs not to go within the limits of the city of Baltimore, unless the said dog 
 
 at large without . J ^ o 
 
 licensed num- or bitcli shall have a collar about his or her neck, to which 
 
 ber. ' 
 
 shall be attached a licensed number, to be regularly furnished 
 by the Comptroller of the City, who is hereby required to have 
 the same prepared. 
 Ibid, s. 2. 20. All owners of dogs shall pay to the Comptroller of the 
 
 Amount of City, annually, the sura of two dollars and fifty cents for every 
 dog, and the sum of ten dollars for every bitch belonging to 
 them ; provided, they intend to let the same run at large ; and 
 the evidence of the payment of tlie said tax shall be a receipt 
 of the Register for the same, and the number attached to the 
 collar of the dog or bitch, which number shall be so arranged 
 as to designate which are dogs' or bitches' licenses ; and if any 
 dog or bitch be found to be improperly or falsely numbered, 
 Penalty on the owucr or owucrs of the said dog or bitch shall be liable to 
 a fine of ten dollars, to be recovered as are all fines under the 
 corporation. 
 
 Ibid, s. 3. 21. It shall be the duty of the Mayor specially to authorize, 
 
 Persons maybe by commission, a suitable person or persons to seize or kill all 
 
 appointed to , iti i -ij 
 
 destroy dogs, dogs Tunmng at large unless licensed so to do, as provided 
 
Licenses. 585 
 
 Article XXXIII. — Ordinances, 
 for by this ordinance; and such person or persons so author- Dogs dpstroyed, 
 
 • howtobedis- 
 
 ized shall convey all dogs so killed or seized to either ot the posed oi. 
 
 police stations — the officer in charge of either of which stations, 
 
 shall count the number of dogs so killed, cause the ears of the 
 
 same to be taken off, or the animal in some other way to be 
 
 marked, so as to prevent a return of the same by the person 
 
 or persons so authorized to kill said dogs, and thereupon, and 
 
 after being satisfied that said animals have !>een buried, or in 
 
 some other way conveyed beyond the city limits, so as not to 
 
 become a nuisance, shall give a certificate of the same, to be 
 
 sworn to before one of the police justices of the peace, by the 
 
 person so authorized as aforesaid, and such certificate so sworn 
 
 to shall entitle the person to whom such certificate shall be 
 
 given to the sum of fifty cents for every dog so killed, to be compensation. 
 
 paid by the Register. 
 
 22. If any dog or bitch be found running at large between ibid, s. <. 
 the first day of June and the first day of October, in each and dors running 
 
 • 1 11 -IT 1 1 1 11*' '*'^*''^ during 
 
 every year, with a collar with licensed number thereto attached, certain months. 
 
 ■^ •' ' how disposed 
 
 as required by the preceding sections 19 and 20, and having °'- 
 
 the name and residence of the owner marked upon it, it shall 
 
 be caught and removed to some suitable place to h)e provided 
 
 for the purpose, and kept there until called for ; provided, Proviso. 
 
 however, that if such dog or bitch shall not be claimed within 
 
 forty-eight hours after being confined, it shall be killed, as 
 
 provided for in the preceding section ; and provided further. Further proviso. 
 
 that the owner of such dog or bitch, claiming the same, shall 
 
 first pay to the Register, for the use of the city, a fine of five 
 
 dollars, and the sum of two dollars to the officer catching and 
 
 confining such dog or bitch, to cover the expense of keeping 
 
 the same. 
 
 28. Every animal of the dog kind, licensed under this ordi- ibid, s. 6. 
 nance, shall be muzzled when required by proclamation of Licensed d 
 the Mayor, when running at large ; and if any such licensed 
 dog or bitch shall be found running at large without a proper 
 
586 Licenses. 
 
 Article XXXIII. — Ordinances. 
 
 Penalty. miizzlc, tlic owner or owners thereof shall be fined the sura 
 
 of two dollars, to be collected as all other city fines are col- 
 lected, to be paid into the city treasury. 
 
 Ibid, s. 6. 24. If any person or persons, other than the owner of any 
 
 Penalty for re- dog or bitch, shall rcmovc therefrom the licensed collar or 
 
 moving a li- , 
 
 censed coUar or Dumbcr, or muzzle, as aforesaid, such person or persons shall 
 be liable to a fine of not less than two nor more than five 
 dollars, for every such offence; the same to be collected as all 
 other city fines are collected, and to be paid into the city 
 treasury. 
 
 Ibid, 8. 7. 25. Except when the duties of the Mayor and Comptroller 
 
 Execution of are herein particularly specified, the execution of this ordi- 
 
 ordinaiice. i ^ i ' 
 
 nance shall be put in especial charge of the Marshal of 
 Police. 
 
 Ibid, s. 8. 26. On complaint being made to the Mayor of any dog or 
 
 p..^vers of Mayor bitcli withiu the city, which shall by barking, biting, howling, 
 
 when com- 
 plaints ate or in any other way or manner, disturb the quiet of any per- 
 
 made as^ainst j ^ j ± .' i 
 
 doJs''^**""'® son or persons whomsoever, the Mayor, on being satisfied of 
 the truth of such complaint, shall direct a police officer to 
 give notice thereof to the person or persons keeping or per- 
 mitting such dog or bitch to be kept or to remain in his or her 
 house, or on his or her premises ; and in case such person or 
 persons shall, for the space of one day after such notice, ne- 
 glect to cause such dog or bitch to be destroyed or removed, so 
 as to prevent the disturbance, he shall forfeit and pay a sum 
 
 Penalty. not cxcceding five dollars for every day which shall elapse 
 
 until such dog or bitch be removed or destroyed as afore- 
 said. 
 
 Ibid, s. 9. 27. No poisoned meat or any poisonous substance shall be 
 
 Poisoned meat, cast iiito any of the streets, lanes or alleys of the city for the 
 
 Ac, not to be 
 
 thrown in purposc of destroying dogs; and any person or persons viola- 
 ting the provisions of this section shall, on conviction, be 
 subject to a fine of ten dollars. 
 
LlOENBEB. 587 
 
 Article XXXIII. — Ordinances. 
 
 28. The sum of five hundred dollars is hereby annually ihid.s. lo; Res. 
 
 .No 97, June 11, 
 
 placed at the disposal of the Mayor to carry out the provisions "58; no. i89, 
 
 ' of this ordinance, to be taken out of any money in the treasury J^.°: ^*^"'i"/j "» 
 
 not otherwise appropriated. No.^fos, juke 
 
 10, '63; No. 118, 
 June 28, '65; 
 No. a69, June 8, 
 
 PAWNBROKERS. '67 
 
 Appropriation. 
 
 29. The Mayor is hereby authorized to grant licenses, No. 38, a. i, r. 
 
 , , , ,'o.; No. 64,Oct. 
 
 under the corporate seal, to such person or persons as shall a, '67. 
 produce to him satisfactory evidence of his, her or their good Mayor to grant 
 character, to exercise or carry on the trade or business of 
 pawnbrokers, which license shall designate the house in which 
 such person or persons shall respectively be licensed to carry License. 
 on the said trade or business ; and each person receiving the 
 said license shall pay therefor tiie sum of two hundred dol- 
 lars, and the license granted, as aforesaid, shall continue for 
 the term of one year from the date thereof, and may be re- Term. 
 newed on application to the Mayor each and every year on 
 payment of the same sum. 
 
 30. No person shall use, exercise or carry on the trade or ^o^m, s i.oci. 
 business of a pawnbroker in the city, without having Buch'-^'^°- 
 license as aforesaid, nor in any other house than the one desig- who maybe 
 
 •' ^ pawnbrokers, 
 
 nated in the said license, unless in case of removal, the Comp- """i ^^ere. 
 troller shall, on application, endorse on said license the house 
 to which the party shall have removed. 
 
 31. Every person so licensed as aforesaid shall, at the time No. 38, s. a, r. 
 of receiving such license, enter into an obligation to the Mayor Bond. 
 and City Council of Baltimore, with good and sufiicient sure- 
 ties, to be approved by the Mayor and the presidents of both 
 branches of the City Council, or a majority of them, in the 
 penal sum of five hundred dollars, conditioned for the faithful 
 observance of this ordinance, and such other ordinances as may 
 be passed on this subject. 
 
 32. Each and everv pawnbroker licensed as aforesaid shall No.74,s.2,oct. 
 be capable of receiving from any person or persons, (except a Powers of 
 
 ' o J r r } \ L pawnbrokers. 
 
 minor or apprentice, knowing or having reason to believe him 
 
588 
 
 Licenses. 
 
 Article XXXIII. — Ordinances. 
 
 to be such,) bodies corporate, or politic, any deposit of mer- 
 chandise of every description, as collateral security for such 
 amounts thereon to be advanced by them, as they may deem 
 proper and judicious, and to hold and retain the same during 
 such time as may be agreed on between the party or parties 
 depositing the same and the said pawnbrokers, and to charge 
 for such advances, interest at the established legal rate, 
 and an additional charge as hereinafter specified, appropriate 
 to the nature of the deposit, and the proper storage, removal 
 and care of the same, and shall give to the party or parties so 
 depositing, a certificate specifying the sum advanced, the date 
 of deposit, the article or articles deposited, the amount of 
 charge, the time for which such deposit shall be kept, as well 
 as the name of the depositor, and his, her or their place of 
 business, and if none, of abode. 
 
 Certificate. 
 
 Ibid, s. 3. 
 Deposits. 
 
 Sale. 
 
 33. The article so deposited may, and if so agreed, shall 
 be held by said pawnbroker six months, to be computed from 
 the date of certificate as aforesaid, and if not then redeemed, or 
 by contract the certificate thereof be renewed, it shall and may 
 be lawful for the said pawnbroker then to proceed to have such 
 deposit sold, on first giving ten days' notice in a newspaper 
 published in said city, of the time, place and mode of sale for 
 cash and at public sale, which shall be effected by an agent by 
 said pawnbroker to be designated; whereat it shall and may 
 be lawful for the pawnbroker, when by him deemed essential 
 for self-protection, to be a competitor, and upon such sale being 
 made, an account thereof, sworn to by the agent efiecting the 
 same as in all respects fair and hona Jide, shall be rendered to 
 and kept by said pawnbroker, and a copy thereof shall be de- 
 livered on reasonable demand to the depositor of the matter 
 so sold, whereof the proceeds shall be applied : first, to the 
 payment of all expenses usual and incident to such sale, in- 
 clusive of any tax that thereon may be chargeable legally ; 
 secondly, to the legal interest and charges hereby authorized 
 
Licenses. 589 
 
 Article XXXIII.— Ordinances. 
 
 on advance and deposit as aforesaid and as lierein specified; 
 thirdly, to reimbursing to the pawnbroker the principal ad- 
 vanced, any deficiency wherein shall be a valid claim against 
 such depositor; and any surplus shall be payable and paid to 
 said depositor, or the party thereto legally entitled, if demanded 
 at any time within twelve months from the day of such sale. 
 
 34. It shall be lawful for the said pawnbroker, in view and ibid, 8.4. 
 by reason of the necessity of extensive storage, labor incident charges, 
 thereto, porterage, insurance and other expenses insej^arable 
 
 from the nature of the business hereby authorized, as aflbrding 
 a desirable and advantageous facility to the commercial and 
 other classes of society, to charge therefor in addition to in 
 terest, at a reasonable rate, in no case to exceed two cents on 
 the dollar each month, to be computed on the principal ad- 
 vanced as aforesaid, and shall cause to be kept in suitable 
 books tlverefor, to be provided by said pawnbroker, an accurate Books, 
 account of each transaction authorized by this ordinance, and 
 all the business and afiairs of said pawnbroker shall be subject 
 at all times to inspection of such agent or officer of Baltimore 
 city, or of such committee as for that purpose may be designa- 
 ted by the Mayor and City Council of Baltimore. 
 
 35. If any person or persons shall sustain any injury or no. as, s. 8,r. 
 damage from any act or default of a pawnbroker, contrary to Form of action 
 the tenor of his obligation as aforesaid, such person or persons 
 
 may institute an action in any court having jurisdiction, for 
 his, her, or their use, or benefit, in the name of the Mayor and 
 City Council of Baltimore, upon the obligation given as afore- 
 said, in which action he, she or they shall recover judgment 
 for the amount of the damages sustained. 
 
 36. It shall be the duty of the Register of the City to ad- iso. as, s. lo, r. 
 vertise, quarter yearly, in one or more of the public papers, Duty of Regis- 
 tlie names or the several persons witlnn the city who have officers. 
 been duly licensed as pawnbrokers; and it shall be the duty 
 
590 Licenses. 
 
 Article XXXIII. — Ordinances. 
 
 of the officers of the city to inform against all persons offend- 
 ing against this ordinance. 
 
 No. 38, s. 11, K. 37. No license as a pawnbroker shall be granted to any 
 Not to sell person who has an ordinary license, or license for the retailing 
 
 spirituous ^ . . ,. ,. , , 
 
 liquors. or spirituous liquors; and any license to any pawnbroker, 
 
 Mayor may re- granted as aforcsaid, may be revoked or annulled by the 
 
 yoke lic>inse. . . i 
 
 Mayor, if there should appear to him sufficient cause for so 
 doing. 
 
 Ibid, s. 9. 38. Any person offending against any or either of the 
 
 Fines and pen- aforegoing provisious shall forfeit a sum not exceeding fifty 
 dollars for each and every offence ; and any person who shall 
 receive any pledge on which he shall advance money and take 
 a receipt for a larger sum than he actually advances, shall for- 
 feit a sum not less than two hundred nor more than three hun- 
 dred dollars for each and every offence. 
 
 SELLING IN STREETS. 
 
 No. 33, .s. 23, R. 39. The Mayor is hereby authorized and empowered to 
 
 Mayor author- grant liccnscs to as many poor persons as to him may appear 
 
 licenses to sell propcr, to permit them to keep tables or baskets on the foot- 
 certain articles 
 on footways. ways across the gutters of the streets of the city, with the 
 
 consent of the occupiers of the houses before which such 
 tables or baskets may be placed, for the purpose of exposing 
 for sale, fruits, cakes, nuts, and other articles that it has here- 
 tofore been customary for persons of that description to sell, 
 and any person keeping such table without license shall forfeit 
 and pay one dollar for every day the table may be so kept. 
 
 Ibid, 8. 41. 40. It shall not be lawful for any person or persons to sell 
 
 Oranges, &c.. Or offcr for salc in any of the streets, lanes, alleys or highways 
 
 not to be sold ,. , . ' J ./ to ./ 
 
 without license, oi the city, any oranges, lemons or limes, without having pre- 
 viously obtained from the Comptroller of the City a license, 
 for which each person shall pay annually the sum of two 
 
Licenses. 591 
 
 Article XXXIII. — Ordinances. 
 
 dollars, and every offender against the provisions of this sec- 
 tion shall forfeit and pay a sum not exceeding two dollars for Penalty, 
 each and every offence. 
 
 41. No license granted under the preceding section shall iwd.s. 4a. 
 authorize the sale of oranges, lemons or limes by more than Extent of u- 
 one individual ; and all sales under such license shall be made 
 
 by the person named therein, and not by any agent or other 
 person, and no person so licensed shall sell or offer for sale 
 any fruit without having his or her license about his or her 
 l)erson, and every offender against any of the provisions of Penalty, 
 this section shall forfeit and pay the sum of ten dollars. 
 
 42. But the person or persons aforesaid shall not be liable No. 36, May 2, 
 for the fines and penalties imposed by the preceding two sec- Notice to be 
 lions, unless a notice has been given to the person or persons 
 
 so offending, and the necessary time has been allowed for a 
 compliance with the requirements of said sections ; provided, Proviso, 
 however, that the provisions of this section shall not be appli- 
 cable to any one who may commit the same offence a second 
 time, or fail to comply with the requirements after the said 
 notice has been given, or where the oftence was knowingly or 
 wilfully committed.* 
 
 * See the act of 1878, c. 414, p. 577, ante, and Art. LII, Vagrants. 
 
592 
 
 MoDoNOGH Educational Fund and Institute. 
 
 Article XXXIV.— Ordinances. 
 
 ARTICLE XXXIV. 
 
 McDONOGH EDUCATIONAL FUND AND INSTITUTE. 
 
 OEDIN ANCES . 
 
 BOARD OP TRUSTEES. 
 
 Trustees appointed. 
 
 Property. 
 
 Number of trustees: vacancies, 
 how filled. 
 
 Powers of trustees : by-laws, rules 
 and regulations : president, sec- 
 retary and agent: salaries: bond. 
 
 Sale and purchase of real estate : 
 school farm : interest on invest- 
 ment: proviso. 
 
 Support and maintenance of school 
 
 farm : instruction and education 
 of youth. 
 
 7. Annual report to Mayor and 
 
 Council : account of receipts 
 and expenditures. 
 
 8. Inspection of records, accounts, 
 
 grounds and buildings of insti- 
 tute by Mayor : committees of 
 Council. 
 
 m'donogh bequest. 
 
 9. Ordinances, &c- relating to. 
 
 ORDINANCES. 
 
 MANAGEMENT OF THE McDONOGH EDUCATIONAL FUND 
 AND INSTITUTE. 
 
 No. 68, July 10, 1. By Ordinance No. 68, July 10, 1808, Lawrence Sang- 
 Boardoi trus- ston, Joshua Vansant, Albert Schumacher, Robert T. Bald- 
 win, John Donnell Smith, James B. George, H. Clay Dal- 
 lam, William A. Stewart and William Keyser, of the city of 
 Baltimore, were constituted the Board otTrustees of the 
 McDonogh Educational Fund and Institute. 
 
 Ibid, 8.2. 2. All the money, stock, securities, investments, property 
 
 Property. and cstatc of every kind and description, with the increment 
 
 thereon, which has heretofore come into the possession of the 
 
 city of Baltimore, or which hereafter may come into its pos- 
 
McDoNOGH Educational Fund and Institute. 598 
 
 Article XXXIV.— Ordinances. 
 
 session, or which is now hekl by any agent, trustees or board 
 of trustees, heretofore created by any ordinance, and which 
 has been or may hereafter be received under the bequests 
 and devises contained in the will of John McDonogh, by the 
 city of Baltimore, shall pass to and be invested in said board 
 of trustees, 
 
 3, The number of trustees shall not be less than seven, ibid.s. 3. 
 nor more than nine, and if at any time they shall be reduc- Number of 
 ed to a less number than seven, by death, resignation, or re- 
 moval out of Baltimore city, or otherwise, it shall be the 
 
 duty of the remaining trustees to fill each vacancy within vacancies, how 
 thirty days after its occurrence, and if tliey do not fill such 
 vacancy within said period, it shall be the duty of the presi- 
 dent of the board to notify the Mayor of the City of Balti- 
 more of the fact of said vacancy, and thereupon it shall 
 be the duty of the Mayor to appoint some person to fill such 
 vacancy or vacancies as often as they may occur in manner 
 aforesaid, and the person so ap{)ointed shall be and become 
 one of tlie trustees to all intents and purposes. 
 
 4. A majority of trustees shall have power, from time to ibid, s. 4. 
 time, to enact and make by-laws and rules and regulations Powers of 
 for the management and government of said Fund and In- By laws, rules 
 
 , . ami regulations. 
 
 stitute ; they shall also have power to remove any one 01 tlieir 
 own number who in the opinion of the majority of said trus- 
 tees may be negligent of his duty, or otherwise conduct him- 
 self improperly ; to elect annually a president, secretary and president, sec 
 
 retary and 
 
 agent, fix their salaries and prescribe their respective duties, agent. 
 and to remove them at pleasure ; to appoint such other salaries, 
 officers and servants as they may deem necessary and proper, 
 according to such rules and by-laws as may be prescribed by 
 them ; and any officer or officers, or agent, who shall be ap- 
 pointed to receive and disburse the money of said Fund and 
 Institute, shall, before he proceeds to act as such, enter into 
 
594 
 
 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 Bond. 
 
 Ibid, 8. 5. 
 
 Sale and pur- 
 chase of real 
 estate. 
 
 School farm. 
 
 Interest on in- 
 vestment. 
 
 bond with such penalty and conditions as may be prescribed 
 by said trustees. 
 
 5. The said trustees may sell all the real estate situate in 
 the city of Baltimore, heretofore purchased by the trustees 
 of the McDonogh Educational Fund and Institute, and in- 
 vest the proceeds in real estate in the vicinity of Baltimore, 
 of such dimensions and at such distance from said city as to 
 them may seem most judicious for the purpose of establish- 
 ing a School Farm, as directed under the will of the said 
 John McDonogh, which real estate shall be in fee simple and 
 adapted to agricultural purposes ; in addition to the pro- 
 ceeds arising from the sale of the real estate aforesaid, the 
 said trustees are authorized to use all the interest which may 
 accrue from the investment of the sum of five hundred thou- 
 sand dollars, in the purchase of said real estate and erection 
 of such buildings and improvements thereon as may be 
 necessary for such school farm, until the purchase money of 
 the land and the erection of said buildings shall have been 
 fully paid ; provided, nevertheless, that the principal sum 
 of said fund shall at no time be less than five hundred thou- 
 sand dollars, which the said trustees are required to have 
 well secured at all times. 
 
 6. So soon as the purchase of the real estate and the 
 Support and crcction thercou of the buiklings mentioned in the preceding 
 
 maintenance of , ini n ii •if 
 
 school farm, scctiou shall havc bceii completed and paid for, the said trus- 
 tees shall apply the interest issuing from said funds, as well 
 as the interest which may be derived from all other property 
 devised to the city of Baltimore by the said John McUonogh, 
 to the support and maintenance of said school farm, and the 
 Instruction and expcuscs incident to the proper instruction and education of 
 youth. the youth directed by said will of said John McDonogh. 
 
 Ibid, s. 6. 
 
 Ibidj s. 7. 
 
 7. It shall be the duty of the board of trustees to exhibit 
 to the Mayor and City Council of Baltimore, annually, a 
 
MoDoNOGH Educational Fund and Institute. 595 
 
 Article XXXIV.— Ordinances. 
 full report in writing of their proceedings during the year, Annual report 
 
 to Mayor and 
 
 and of the state of the Institute, showing the number and councu. 
 condition of the scholars and all matters necessary to the 
 full understanding of the affairs and situation of the Insti- 
 tute, which shall be certified by oath or affirmation of the 
 president, secretary and agent, and at least one of the trus- 
 tees ; it shall be accompanied by an account or statement, Account of re- 
 ceipts and ex- 
 certified in like manner, showing the receipts and expendi- penuitures. 
 
 tures for the year, and the assets and pecuniary condition of 
 the Institute, and said reports shall be addressed to the 
 Mayor at least ten days before the annual meeting of the 
 City Council in each and every year. 
 
 8. The records, books, accounts, papers, grounds andiwd.s. s. 
 buildings of the said Institute shall at all times be open to inspection of 
 
 records, ac- 
 
 the inspection and examination of the Mayor ; and the City counts, grounds 
 Council shall always have power, by resolution or otherwi e. Mayor!""* 
 to appoint committees of their body to inquire into the committees of 
 affairs of said Institute. 
 
 McDONOQH BEQUEST. 
 9. The ordinances and resolutions enacted before ordi- Res. no. lo, 
 
 Jan. », '61. 
 
 nance No. 68, July 10, 1868, on this subject, are as follows : Preamble. 
 Resolution No. 10, approved January 9, 1851, recited : that 
 whereas, John McDonogh, late of the city of New Orleans 
 and the State of Louisiana, deceased, by his last will and 
 testament, bequeathed unto the cities of Baltimore, in Mary- 
 land, and New Orleans, in Louisiana, legacies, to a large 
 amount; and whereas, the said John McDonogh, by said 
 last will and testament, declares and says : '' and it is further- 
 more my wish and desire, and I hereby will, that in case 
 there should be a lapse of both the legacies, to the cities of 
 New Orleans, in the State of Louisiana, and Baltimore, in 
 the State of Maryland, or either of them, wholly or in part, 
 
 Ilk 
 
596 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 by refusal to accept, or any other cause or means whatsoever, 
 then both or either of said legacies, wholly or partially so 
 lapsed, shall inure, as far as it relates to the city of New 
 Orleans, to the State of Louisiana, and as far as it relates to 
 the city of Baltimore, to the State of Maryland ; that the 
 Legislatures of those States, respectively, may carry my in- 
 tentions as expressed and set forth in this my last will and 
 testament into efiect, as far and in the manner which will 
 Ibid, s. 2. appear to them the most proper ;"^ therefore, it was resolved. 
 Trust accepted, that the city of Baltimore docs hereby accept the interest and 
 property in the estate of John McDonogh, late of the city of 
 New Orleans, and State of Louisiana, deceased, devised and 
 bequeathed to the city of Baltimore, by the last will and 
 Ibid, s. 3. testament of the said John McDonogh. And tlie city of 
 Faith of city Baltimore pledges her faith, that she will abide by and com- 
 ply with the wishes and directions of the said John Mc- 
 Donogh, as expressed in his said last will and testament. 
 
 No.2,s.i,Dec. Ordinance No, 2, approved December 28, 1854, enacted, 
 
 Three agents to that immediately after the passage of said ordinance, there 
 shall be appointed, as city officers are appointed, three per- 
 
 Residence. SOUS of integrity and ability, one of whom shall be a citizen 
 and resident of New Orleans, who shall originally have been 
 a citizen of Baltimore, and two citizens of Baltimore, who 
 shall be styled "Agents of the city of Baltimore for the 
 McDonogh Bequest," who, (after having given bond, as pro- 
 vided for in the succeeding section of this ordinance,) shall, 
 
 Duties. with as little delay as possible, proceed to the city of New 
 
 Orleans, and there represent the interests of the Mayor and 
 City Council of Baltimore in all things that appertain to 
 the general estate of the late John McDonogh, wherein the 
 
 *By act of 1852, c. 6, the General Assembly of Maryland, enacted that it 
 is the declared intention of the State to assent to, and to accept the bequest 
 and devise made to it by the said will. 
 
MoDoNOGH Educational Fund and Institute. 597 
 
 Article XXXIV.— Ordinances. 
 
 cities of Baltimore and New Orleans are devisees. They 
 shall act for and manage, conduct and administer, the affairs 
 of said estate jointly, with the three commissioners or agents 
 appointed for the same purpose by the city of New Orleans. 
 The said agents shall continue in office at the pleasure of the Term of office. 
 Mayor and City Council of Baltimore, and until the ap- 
 pointment and qualification of their successors, and they 
 must reside in the city of New Orleans ; and at no time shall two only may 
 
 ^ _ be absent. 
 
 more than two of the agents be absent from said city at the 
 same time, under a penalty of forfeiture of their office. 
 
 That each of the said agents, before entering upon their ibid, s. a. 
 duties or acting as agents, shall give bond in the sum of Bond, 
 twenty-five thousand dollars to the Mayor and City Council 
 of Baltimore, (which bond shall be approved by the Mayor 
 and presidents of the two branches of the City Council,) for 
 the faithful performance of their duties as agents under the 
 will of the late John McDonogh ; and that each of the par- 
 ties signing said bond, as securities, shall make oath before conditions, 
 a justice of the peace that he possesses and holds in his own 
 right, real estate in the State in which he resides, clear of 
 all incumbrance, assessed for a sum equal to double the 
 amount for which he shall propose to bind himself under the 
 aforesaid bond ; provided, that the joint sums for which the proviso, 
 several securities shall thus be bound shall not be less than 
 twenty -five thousand dollars ; and it is hereby further pro- 
 vided, that a certificate from the magistrate by whom the 
 aforesaid oath has been administered, properly authenticated, 
 shall be deposited with the Register of the City of Baltimore, 
 before the approval of said bonds ; the semi-annual account 
 to be transmitted to the commissioners to be appointed by 
 the city of Baltimore, as mentioned in the said will, to be 
 signed and sworn to by all the said agents, before a com- 
 missioner of deeds for the State of Maryland, or before a 
 notary or judge, or magistrate, who shall affix thereto his 
 
598 
 
 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 Certificate. IsignatuFG, With the Seal of his office, together with a certifi- 
 cate from the proper officer of the State of Louisiana, or city 
 of New Orleans, authorized to give such certificates, sealed 
 with the officer's proper seal, that said notary, judge, or 
 magistrate, is the officer such as his signature and seal de- 
 scribe him to be. 
 
 Ibid, s. 3, xo. That the compensation of said agents shall respectively 
 Compensation, begin with the date upon which they take charge of the 
 trust and shall be two thousand five hundred dollars per an- 
 num, for each of the agents selected from Baltimore, and the 
 same for the agent selected from New Orleans ; payable 
 How to be paid, quarterly out of the funds devised by the commissioners ap- 
 pointed under the will of the late John McDonogh, the 
 Mayor and City Council of Baltimore, from the proceeds of 
 the McDonogh bequest, and may be deducted by the said 
 agents from the monies coming into their hands on said ac- 
 count, to be noted as such in their semi-annual account. 
 
 That in case of the death, resignation or failure to bond 
 in time, (say within thirty days after the appointment hav- 
 ing been made,) of either or all of the agents, then the 
 v^acancy.how Mayor shall, immediately thereafter, nominate a successor 
 or successors, as provided for in the first section of this or- 
 dinance, if the Council be in regular or special session, and 
 if it be during the recess of the Council, then the Mayor 
 shall immediately convene the Council, and said Mayor and 
 City Council shall proceed to fill such vacancy or vacancies 
 in the manner providing for the appoin'ment of said agents 
 in the first section of this ordinance. 
 
 Ibid, s. 4. 
 
 Failure to give 
 bond. 
 
 Ibid, .s. 5. 
 
 Joint standing 
 cnmmittee of 
 Mayor and 
 Council. 
 
 That there shall hereafter be annually appointed, by reso- 
 lution of the Mayor and City Council of Baltimore, a joint 
 committee of three members of each branch, which commit- 
 tee shall be named the "joint standing committee on the 
 McDonogh bequest." This committee shall audit the 
 
McDoNOGH Educational Fund and Institute. 699 
 
 Article XXXIV.— Ordinances. 
 
 agents* accounts, and examine the proceedings of the com- Duties, 
 missioners and directors of the McDonogh bequest ; and to 
 this committee shall be referred all memorials and subjects 
 appertaining to the McDonogh estates, connected with the 
 city of Baltimore ; and the committee will report from time 
 to time, as may be useful, the state of the funds of the be- 
 quest, and the value and condition of the real estate, to the 
 Mayor and City Council of Baltimore. 
 
 That the Mayor and City Council of Baltimore shall in ibid,.. 6. 
 no wise be responsible for the acts or omissions of the agents Mayor and cuy 
 
 r • ^ f 1 ^ i • i • /«i Council not re- 
 
 aforesaid, of whom they are the supervisors by virtue of the si«nsibie. 
 power vested in them by said will, nor for the salaries of 
 said officers, nor for any expenses by them incurred in the 
 prosecution of their trust. 
 
 That the agents appointed as aforesaid shall not be ibid, ». 7. 
 changed or removed, except only by an ordinance of the Agent*, how to 
 
 , be changed or 
 
 Mayor and City Council of Baltimore ; and should it be ne- removed, 
 cessary, at any time in the recess of the Council, in the opin- 
 ion of the Mayor, that any one or all of said agents should 
 be changed, then, and in that case, it shall be the duty of 
 the Mayor forthwith to summon the members of the City 
 Council, to take into consideration the propriety of such 
 change ; the reason for which he shall report to the Council. 
 And it is further enacted, that no a])pointment of agents Appointment 
 
 by concutTence 
 
 under the will of the late John McUonogh shall be made?' the two 
 
 " branches of the 
 
 without the concurrence of a convention of the City Council t-'^y t^ou^cn. 
 of Baltimore. * 
 
 Ordinance No. 26, approved May 28, 1858, entitled "An no. 26, May,28, 
 ordinance for the appointment of agents to represent the Agents ap- 
 
 n -n ^ • • i • i • • • ^ t PO'^ted. 
 
 City of Baltimore in the receipt, adminisi ration, sale and 
 
 * Ord. approved Sept. 18, '54, entitled An ordinance for the appointment 
 of agents to represent the city of Baltimore in the execution of the will of 
 John McDonogh, late of the city of New Orleans, was repealed by above 
 ordinance. 
 
600 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 liquidation of Baltimore's interest in the estate of the late 
 John McDonogh, of Louisiana, deceased ; and for the ap- 
 pointment of a Board of Trustees of the McDonogh Educa- 
 tioaal Fund and Institute," enacted, that Brantz Mayer, 
 William S. Peterkin and Thomas L. Emory be appointed 
 agents of the city of Baltimore for the receijit, administra- 
 tion, sale and liquidation of the portion of the estate of the 
 late John McDonogh, of Louisiana, deceased, to which Bal- 
 timore is entitled by virtue of said McDonogh's will, and by 
 virtue of the decree for partition of said McDonough's estate 
 between the cities of New Orleans and Baltimore, rendered 
 by the Fifth District Court of New Orleans, and confirmed 
 by the Supreme Court of Louisiana ; but before entering 
 upon the duties of their office, each of the said agents shall 
 To give bond, givc boud, with sccurity in the sum of twenty-five thousand 
 dollars, to the Mayor and City Council of Baltimore, for the 
 faithful discharge of the duties hereinafter described and 
 defined — said bonds to be approved by the Mayor, Comp- 
 troller and the Presidents of the two branches of the City 
 Council, to be deposited with the Comptroller of the City of 
 Baltimore. 
 
 Ibid, s. 2. That the powers and duties of said agents shall be the 
 
 Powers and du- r. ■,■, . 
 
 ties of agents. lollOWing, tO Wit." 
 
 To receive 1, The Said agcuts are hereby directed and empowered 
 
 city's propor- _ 
 
 tion of estate, to receivc from the agents and commissioners of the cities of 
 New Orleans and Baltimore, now jointly administering the 
 estate of the said McDonogh, deceased, by virtue of ordinan- 
 ces passed by said cities, all the portion or portions of said 
 John McDonogh's estate, real and personal, movable and 
 immovable, to which the said city of Baltimore is entitled 
 under said McDonogh's will, and by virtue of the decree for 
 partition heretofore referred to. They are authorized and 
 empowered to give receipts and acquittances for the same to 
 
McDoNOGH Educational Fund and Institute. 601 
 
 Article XXXIV.— Ordinances. 
 
 the said board of agents and commis.sioners, and if neces- 
 sary, to the city of New Orleans ; and to make all settle- 
 ments in liquidation of accounts with said city of New 
 Orleans, for taxes, expropriated property and their several 
 interests in said McDonogh's estate. 
 
 2. The said agents are hereby further directed and em To have care 
 powered, a ter the receipt by them of the city of Baltimore's mentnf city's 
 
 . X ^ J share of estate. 
 
 share of said McDonogh's estate as aforesaid, together with 
 all the books, papers, plats and evidences of title requisite 
 for the separate administration of the property, to do and 
 perform all necessary acts for the care and management of 
 the same, as fully and entirely as if the property were under 
 the immediate control, in this city, of the Mayor and City 
 Council of Baltimore ; they are directed to lease and repair 
 proi)erty, collect rents, pay taxes, claims, judgments, costs 
 of administration, and to settle with and make payment or 
 satisfaction to the American Colonization Society, and the 
 Society for the Relief of Destitute Orphan Boys, (beneficia- 
 ries under said McDonogh's will,) according to the princi- 
 ples settled by the Supreme Court of Louisiana in its con- 
 firmation of the decree for the partition of the McDonogh 
 estate ; and to perform such other administrative acts as 
 shall be needful for the guardianship and economical man- 
 agement of the property until it is sold. 
 
 3. The said agents are hereby further directed and em- to adrertise 
 powered to advertise for sale, and to sell at public sale if ad- crty.^^ ^'"'^ 
 visable, and if not deemed by them advisable, then to sell at 
 private sale, at the earliest favorable period, and on such 
 
 terms as to credit and purchase money as in their judgment 
 shall be most advantageous for the interests of the city of 
 Baltimore, all and every part of the real and personal estate, 
 movable and immovable property, belonging to said city of 
 Baltimore, under and by virtue of the will of the said John 
 
602 MoDoNOGH Educational Fond and Institute. 
 
 Article XXXIV.— Ordinances. 
 
 McDonogh, and of the decree of partition aforesaid, recently 
 Kx press and Confirmed by the Su])reme Court of said State. Express and 
 
 special powers 
 
 of agents. spccial powcrs arc hereby given to and vested in said agents, 
 appointed by this ordinance, to effect such sales of said real 
 and personal, movable and immovable, property, and, in the 
 name of and for the city of Baltimore, to give full and com- 
 plete titles to the purchaser or purchasers, according to, and 
 in compliance with, the terms of sale, so as, under the laws 
 of Louisiana, to convey to said purchaser or purchasers the 
 title of said city of Baltimore in each and every part of said 
 property sold by the said agents. All obligations, bonds, 
 mortgages, notes, guaranties or securities from said purchaser 
 or purchasers, in said sales, shall be given to the agents and 
 received by them in their capacity as agents for t he city of 
 Baltimore under this ordinance. 
 
 Proceeds of 4. The Said Rgcuts are hereby directed, and it shall be 
 
 sales to he paid ,., . it-> iprn f ^ -nir T\ i 
 
 t.. board of their duty, to remit to the Board oi Trustees ot the McUonogh 
 
 trustees _ ' _ . 
 
 Educational Fund and Institute, created by the fourth section 
 of this ordinance, all proceeds of said sales, in cash, 
 notes, bonds, mortgages or other securities, and all moneys 
 collected by them, as soon as received, and to take receipts 
 Agents to re- thercfor from said board of trustees; and semi-annually, 
 
 port semi-annu- ... • fn i- 
 
 ally- during their continuance in omce, to send a sworn report ot 
 
 their action undc this ordinance, and of their financial ac- 
 counts, to the Mayor and City Council of Baltimore ; and, 
 as soon as practicable, to liquidate the whole of said city's 
 interest in said McDonogh's estate. 
 
 Agents to pro- 5. Thc Said agcuts are hereby directed and empowered, 
 
 vide for the . . • i i • c -»t /-^ i • ^ ^ 
 
 slaves belong- m connectiou With the city oi ISew Orleans, or, with such 
 
 ing to th« '' ^ ' ' ^ 
 
 estate. agcuts as Said city may authorize to act for it, to provide for 
 
 the slaves belonging to said John McDonogh's estate, accord- 
 ing to the designs of his will, either by transporting them, 
 or a portion of them, as soon as practicable, to one of the 
 
1^ UWiV 
 
 McDoNOGH Educational Fund and IimT»o¥i5r 603 
 
 Article XXXIV.— Ordinances. 
 
 colonies of free negroes in Africa, or by their liberation, or 
 the liberation of portions of them, from servitude. For tliis 
 purpose, the agents are hereby authorized to apply such 
 sums of money as will be sufficient, with similar co-operation 
 by the city of New Orleans, to fulfil in spirit the humane 
 purposes of the late John McDonogh, in regard to his slaves. 
 
 That the agents of the city of Baltimore, in compensation iinu.s 3. 
 for their services, travelling expenses, salary of a clerk, and compensation 
 
 of agents. 
 
 all other extras in discharge of their trust and duties 
 under this ordinance, are hereby authorized to receive 
 a compensation «.»f four per cent, on the amount received from 
 the sales of the city of Baltimore's share in the estate of 
 John McDonogh ; the said four per cent, to be divided as 
 follows : One and one-half of one per cent, to Brantz Mayer, 
 one and one-half of one per cent, to William S. Peterkin, 
 and one per cent, to Thomas L. Emory. 
 
 That, whereas it is considered an object of primary obli- iwd, s.4. 
 
 gation to keep the legacy of the late John McDonogh sepa- Board of tms- 
 10 ^ ..11 '^^''* '" *** *P' 
 
 rate and distinct from the general funds of tlie city of Bal- pointed. 
 
 timore, so that, while it accom])lishes the leading object of 
 the testator, it may stand as a monument of his liberality 
 and public spirit, a board of trustees, consisting of twenty 
 persons, of goad standing, who shall be citizens of Balti- 
 timore, shall be appointed by the Mayor and City Council of 
 Baltimore, as other city officers are appointed — one to be 
 taken from each ward of the city — who shall annually ap- 
 point a president from their own body, and who are hereby 
 constituted a board for the receipt, safe keeping and invest- 
 ment of the funds and proceeds of sale which shall be re- 
 ceived from the agents of the city of Baltimore, according 
 to the fourth clause of the second section of this ordinance. 
 The said board shall be styled "The Board of Trustees of 
 the McDonogh Educational Fund and Institute/' the income 
 
604 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 of which fund shall be forever sacredly devoted to the pur- 
 poses of education. 
 
 Ibid, 8. 5. That the members of this board shall be appointed to serve 
 
 Board of trus- for six vcars ; provided, however, that of the members of the 
 
 tfps, term of 
 
 office. board first appointed under the provisions of this ordinance, 
 
 one-half, to be designated by the Mayor, shall be appointed 
 for but three years, so that the term of one-half of the mem- 
 bers of the board shall expire alternately every three years ; 
 but the members of the board of trustees may be removed at 
 any time by the Maynr and City Council of Baltimore for 
 inal-administration of their official duties; and on such re- 
 moval, or on the death, resignation or removal from the city 
 
 vacancie.s, how of Baltimore of said trustees, or of any of them, the Mayor 
 shall proceed at once to the appointment of the successor or 
 successors to such removed, deceased or resigned trustee or 
 trustees. 
 
 tilled. 
 
 Ibid, s. 6. That it shall be the duty of the trustees of the McDonogh 
 
 Institute to be Educational Fund and Institute to establish within the cot- 
 
 established. t • r- i • /• t-. i • 
 
 porate limits of the city oi Baltimore, or adjacent thereto, 
 an institution for the maintenance and education of poor boys, 
 to be styled the ' McDonogh Institute," said institute to be 
 under the control and direction of said board of trustees. 
 
 Ibid, s. 7. No. That the proceeds of all sales of property, or rents of prop- 
 
 38, May 16, '60. ., , , ,i i t ^ r ■ . n 
 
 Funds, how erty, until the same shall be disposed ot, growing out oi, or 
 
 invested. . .. . iir«jiiTi 
 
 in any way appertaining to the estate ot the late John 
 McDonogh, shall be invested in the public securities of the 
 city of Baltimore, for the purposes of this trust, and on no 
 condition shall any part of the principal of the same be dis- 
 posed of or alienated for any purpose whatever. 
 
 Ibid, s. 8. That said institute shall be free from all sectarian in- 
 
 Institute to be ^ 
 
 free from sec- nUCnCe. 
 
 tarian influence 
 
McDoNOGH Educational Fund and Institute. 606 
 
 Article XXXIV.— Ordinances. 
 
 That wlienever the funds arising from the proceeds of the iwd, s. 9. 
 sales of the property now held by the city of Baltimore in Trustees to pro- 
 
 1-iiTTA 1 iii'i'-i /• cure a site lor 
 
 the McDouogh estate shall, in the mdgment 01 the trustees the erection oi 
 
 ° ^ ' JO the buildings. 
 
 of the McDonogh Educational Fund and Institute, be suffi- 
 cient, they shall proceed to procure a site for the erection of 
 buildings suitable to the objects and purposes of said trust, 
 making such provision as shall accord with the character 
 and probable magnitude of the bequest. 
 
 That tlie intention of the Mayor and City Council being toibid, s. 10. 
 preserve intact the principal of the legacy of tiie said John Trustees not 
 
 ' r. limited as to 
 
 McDonogh to an extent of five hundred thousand dollars, ?'">'*»'! '"^'^"»•- 
 
 '^ ' lag a site. 
 
 should ao much be realized, in order that the same may stand 
 aa a perpetual memorial of the noble legacy beqneathed to the 
 city of Baltimore, said board of trustees shall not be limited 
 as to time in the securing of a site and erection of suitable 
 buildings, but shall ap])ropriate only the accruing interest upon 
 said fund, unless the same shall exceed five hundred thou- 
 sand dollars, when the surplus, or such part thereof as may be 
 necessary, may be appropriated towards said object. 
 
 That the architectural design of said buildings shall be plain ibid, s. 11. 
 arid substantial, and constructed with the strictest eye to use siyioor buiid- 
 
 ii.fjs. 
 
 and economy. 
 
 That said institute, in its educational plan, shall comprise aibid.s. li. 
 preparatory and collegiate department, and no boy sliall be re- Educational 
 
 1 • . 1 . . 11 0.1 plan. 
 
 ceived in said institute under the age of eight years. 
 
 That all appointments to said institute shall be made by the iwd, s. 13. 
 board of trustees, and that every ward of the city of Baltimore Appointments 
 
 .to Institute to 
 
 shall be entitled to an equal share in the benefits of said insti- be made by 
 
 ■* trustees. 
 
 tute ; provided, that should the quota of pupils to which any proviso. 
 ward is entitled not be filled, by want of suitable applicants 
 from said ward, for the space of three months, then the board 
 of trustees may fill the said vacancy or vacancies by the ap- 
 pointment of applicants from the city at large. . 
 
606 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV.— Ordinances. 
 
 ibid.s. u TImt all boys received into said institute shall, from and 
 
 Boys to be after the period of entrance, be supported and maintained at 
 
 maintained at ' 
 
 cost of the In- the cxclusive cost of said institute. 
 
 stiiute. 
 
 Ibid, s. 15. That said trustees shall have power to adopt and establish 
 
 Trustees to all uccdful plaus and regulations connected with the establish- 
 
 establish regu- 
 
 lations. ment and working of said institute for the maintenance and 
 
 education of poor boys, not inconsistent with the general pro- 
 visions of this ordinance, and to do such other acts as may be 
 necessary to bring the same into practical operation, at such 
 time as may be found convenient and advantageous to the 
 interests of the city. 
 
 Ibid, s. 16, No. That no trustee appointed under this ordinance shall be in 
 
 55, July 14, 'GO. rl 
 
 Trustees not to any manner connected with or concerned in any contract for 
 
 be concerned in 
 
 contract lor the buildiug or maintenance of said institute: nor shall any 
 
 building, &c, " ' *' 
 
 member of the board, either directly or indirectly, receive any 
 compensation for his services. 
 
 No. 65, July 23, Ordinance No. 65, approved July 23, 1860, enacted, that the 
 McDonogh reports, documents, financial accounts and other effects of the 
 agents of the city of Baltimore for the receipt, administration, 
 sale and liquidation of Baltimore city's interest in the estate of 
 the late John McDonogh, of Louisiana, deceased, be referred 
 to the Mayor of the City of Baltimore, the two presidents of 
 the City Qouncil of Baltimore, and the president of the board 
 of trustees of the McDonogh Educational Fund and Institute, 
 created by virtue of an ordinance approved May 28, 1868, 
 being ordinance No. 26; the said Mayor, presidents of the 
 City Council, and president of the board of trustees of the 
 McDonogh Educational Fund and Institute, being hereby fully 
 empowered to examine the same, and if found reasonable, cor- 
 rect and proper, to allow the same, and to give full and final 
 receipts for the Mayor and City Council of Baltimore to said 
 agents in liquidation of their accounts, in conformity with the 
 aforesaid ordinance No. 26, of the session of 1858. 
 
 Fund. 
 
McDoNOGH Educational Fund and Institute. 607 
 
 Article XXXIV.— Ordinances. 
 Ordinance No. 1, approved Nov. 30, 1860, enacted, that the no.i, Nov. so, 
 
 '60. 
 
 agents of the city of Baltimore for the receipt, administration, contract with 
 
 counsel. 
 
 sale and liquidation of the estate of the late John McDonogh, 
 are hcrehy authorized to enter into a contract with coun- 
 sel, learned in the law, for the prosecution of the city of 
 Baltimore's right and claims under the will of said McDonogh 
 in 227,853 acres of lan^ in the Florida parishes of Louisiana ; Land in Fioria* 
 
 •1 ,. , . . i> • 1 • 1 11. 1 1 parishes of 
 
 and after the recognition ot said right and claims, by actual Louisiana, 
 confirmation, or satisfaction for said right and claims in such 
 other form or manner as Congress may enact, the said agents 
 are hereby authorized to sell the said confirmed lands, or to 
 dispose of whatever may be received as satisfaction of said 
 rights and claims, and to pay one-half of the proceeds, after one-hair of 
 such sale or disposition, to the counsel employed to prosecute comfsei' 
 said rights and claims to a final decision ; provided always. Proviso, 
 that said counsel shall, in his agreement with said agents, bind 
 himself to hold and save the city of Baltimore, as well as said 
 agents and the interest of the city of Baltimore, in any of the 
 property and estate of the late John McDonogh, free from all 
 demands, costs, charges, expenses and outlay for the prosecu- 
 tion of said rights and claims incurred either in prosecuting the 
 same before the Congress of the United States or any depart- 
 ment or officer of the government, or in any court, or in any 
 manner, place or form whatsoever, except the one-half of the 
 ultimate proceeds aforesaid, as full contingent compensation, it 
 being the distinct understanding that no compensation shall be 
 paid except on ultimate success, and that in no event, whether 
 successful or not, shall the city of Baltimore be liable for any city not Uabie 
 
 for costs. 
 
 expenses, costs, charges or outlay, nor shall any expenses, costs, 
 charges or outlay be deducted from the proceeds of said lands, 
 or what may be recovered in satisfaction of said claims, but 
 the said counsel shall pay the same. 
 
 Ordinance No. 94, approved October 2^, 1864, entitled "An no. 94, oct. 2-2, 
 ordinance to appoint an agent for the McDonogh bequest," 
 
608 
 
 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV.— Ordinances. 
 
 Bond fifty thou 
 sand dollars. 
 
 Agent of enacted that Jolm W, Randolph is appointed aerent of the city 
 
 McDouogh , , r rr & j 
 
 Fund. of Baltimore for the liquidation of the estate of John Mc- 
 
 Donogh, to which said city is entitled, and which remains as 
 yet unliquidated and unadministered, and all vacancies to be 
 filled by the Mayor and City Council as other city officers are 
 appointed, but before entering upon his duties the said agent 
 shall execute to the Mayor and City Council of Baltimore a 
 good and sufficient bond, with sureties to be approved by the 
 Mayor, Register and Comptroller, in the penal sum of fifty 
 thousand dollars, conditioned for the faithful discharge of the 
 trust hereby reposed in him, and for the prompt payment and 
 delivery over to the board of trustees of the McDonogh Edu- 
 cational Fund and Institute as soon as the funds may be re- 
 ceived by him; and the said agenthereby appointed is directed 
 and fully empowered to receive from the late agents of the city 
 of Baltimore, Messrs. Brantz Mayer and William S. Peterkin, 
 whatever funds, securities, books, accounts, papers and other 
 efiects may be in their hands belonging to the city of Baltimore. 
 To give the said agents a sufficient receipt and acquittance. 
 The said agent shall proceed to liquidate and settle, receive 
 and collect, and pay over as aforesaid, all that remains unsettled 
 and uncollected of the portion of said McDonogh's estate be- 
 longing to the city of Baltimore, and shall have power to sell 
 personal and real estate, bring suits, or institute and prosecute 
 all such proceedings as may be deemed expedient for the pur- 
 pose of executing the trust hereby reposed in him. 
 
 Receipt of 
 funds, securi- 
 ties, &c. 
 
 Acquittance. 
 
 Suits and pro- 
 ceedings. 
 
 Ibid, s. 2. That the said agent shall provide suitable books of accounts. 
 
 Statement. and make a written statement in January and July in each 
 year to the Comptroller of the City and to the board of trustees 
 of the McDonogh Educational Fund and Institute, and annu- 
 ally, in the month of January, to the Mayor and City Council 
 of Baltimore, showing the condition of the McDonogh fund in 
 Compensation, every particular. And the said agent shall receive as a com- 
 pensation for his services the sum of fifteen hundred dollars 
 
McDoNOGH Educational Fund and Institute. 609 
 
 Article XXXIV.— Ordinances. 
 
 per animra, incluiling all charges or expenses incurred by him 
 in executing the duties of this agency ; provided, that in case Proviso, 
 of actual expense incurred by a trip to New Orleans, the board 
 of trustees of the McDonogh Educational Fund and Institute 
 may, in their discretion, allow him a sum sufficient to defray 
 the expense actually incurred, provided the same shall not at 
 any time exceed the sum of four hundred dollars. 
 
 That the powers vested in Brantz Mayer, Wm. S. Peterkin ibid, s. 3. 
 and Thomas L. Emory by the ordinance of 1858, No. 26, May powers to 
 28, are hereby revoked and annulled, and that all unsettled revoked, 
 business still remaining in their hands as agents in the premises 
 shall pass to and be vested in said agent, under and by virtue 
 of the powers hereby conferred upon him. 
 
 By resolution No. 13, approved February 13, 1855, the Res. no. 13, 
 agents of the McDonogh estate appointed on the part of the Fifth District 
 
 .,-,,. . .1 -11 • 1 1 T 1 Court, New 
 
 city ot Baltimore in pursuance 01 the will ot the late John orieaus. 
 McDonogh, were authorized, if in their judgment it should 
 appear advisable, to apply to the fifth district court of New 
 Orleans, as representatives of the city of Baltimore and its 
 authorities, under the provisions of said will, and to do ail 
 things that might be necessary under the laws of Louisiana; 
 to appear for and represent this city and its authorities in any 
 action or actions, petition or petitions, that might then or there- 
 after be pending before said fifth district court, or any other 
 tribunal of said State. 
 
 By resolution No. 59, approved May 11, 1858, the Mayor Res no, 59, 
 
 , , 1 . . May 11, '68. 
 
 was authorr/ed and directed to enter into such arrangements claims ot 
 as had already been made by the city authorities of New Or- 
 leans for the prosecution of the claims of the estate of the late 
 John McDonogh, founded upon Spanish, French and other 
 grants, which had been declared invalid by the Supreme Court 
 of the United States, and which required a special act of Con- 
 y-ress for confirmation. 
 
610 McDoNOGp Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 ges. No. 155, By resolution No. 155, approved October 15, 1858, the agents 
 Heirs of Ham- of the citv of Baltimore for the administration and sale of the 
 
 mett. '' 
 
 late John McDonogh's estate belonging to the city of Balti- 
 more, were authorized and directed to pay out of the city of 
 Baltimore's share of the McDonogh's estate, to the City Re- 
 gister for the use of the heirs of Jane Hammett, or their law- 
 ful representatives, the sum of three thousand dollars, being 
 one-half of the amount bequeathed to the said Jane Hammett 
 by the will of the said John McDonogh, deceased, and which 
 became lapsed to the city of Baltimore. And that the Re- 
 gister of the City, upon the receipt by him of the said sum 
 of three thousand dollars from the agents aforesaid, should pay 
 the said sum to the heirs and representatives only of the said 
 Jane Hammett, in proportion to their respective representa- 
 tive interests as children or grand children of the late Jane 
 Hammett, and no other person or persons. 
 
 Res. No. II, By resolution No. 11, approved February 7, 1868, it was 
 
 Heirs of Daniel, resolved that the comnmuication of the City Counselor upon 
 the matter of the letter of Semmes and Mott, in relation to 
 the claim of the heirs of Daniel, for one-half of the interest 
 of the city of Baltimore in the tract of land in or near the 
 city of New Orleans, be communicated to the agent of the 
 McDonogh bequest, requesting him to inform Messrs. Semmes 
 and Mott that the city of Baltimore contest the claim of said 
 heirs, and requesting the counsel of the city of Baltimore in 
 New Orleans to resist said claim. 
 
 Resolutions enacted since ordinance No. 68, July 10, 1868, 
 are as follows : — Resolution No. 118, approved March 18, 
 1874, recited, that the cities of New Orleans and Baltimore 
 had obtained in the Supreme Court of the United States a 
 judgment for 104,146 acres of land, to be provided in certifi- 
 cates of location, as per section 6, of Act of June 22, 1860, 
 and further decreeing that said cities receive patents from the 
 United States for 9,187 acres, described in said judgment; and 
 
McDoNOGH Educational Fund and Institute. 611 
 
 Article XXXIV.— Ordinances. 
 
 that the General Land OflSce proposes to make the scrip not 
 assignable, and to issue only one patent for the whole claim, 
 and that in the name of the original patentee, and that the 
 scrip thus issued would be of little or no value, and would 
 frustrate the intention of the law ; and that the Trustees of 
 the McDonogh Institute of Baltimore, had organized the school 
 farm near the city of Baltimore, agreeably to the purpose and 
 intent of the late John McDonogh, and had received within 
 the same 50 poor boys of the city of Baltimore, who are now 
 being educated, clothed and maintained, absolutely free of 
 cost through this liberal bequest ; and that it was highly de- 
 sirable that the blessings of this charity should be extended to 
 the largest number of the poor boys of the city of Baltimore, 
 and to tins end it was eminently proper, just and right, that 
 all properties belonging to the said McDonogh fund should be 
 made available, and especially so where the right to the same 
 has been determined by decision of the Supreme Court of the 
 United States; it then enacted that the Senators and Re- 
 presentatives in Congress from Maryland be requested to urge 
 the passage by Congress of an Act known as House Bill No. 
 829, directing the scrip to be issued in the name of the claim- 
 ants in 80 acre lots, and to pass by delivery, and that a patent 
 be issued to each locator, in his own name ; and that the 
 Mayor be requested to transmit to each of said Senators and 
 Representatives a duly certified copy of the above preamble 
 find resolution. 
 
 Resolution No. 377, June 26, 1875, recited, that at the 
 October term, 1873, a decree was rendered by the United 
 States Supreme Court, awarding to the cities of Baltimore and 
 New Orleans jointly, United States certificates of location or 
 scrip for 104,146 acres of public land ; and that the United 
 States General Land Oflice issued to said parties on April 14, 
 1875, 625 certificates of location for the amount called for by 
 the aforesaid decree, in sub-divisions of 643, 2,160, 80 and 
 
 I 
 
612 McDonogh^Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 40 acres, and one of OG acres; therefore, H. Clay Dallam, of 
 tiie city of Baltimore, was appointed tlie agent of said city 
 to assign, transfer and sell all of the interest of said city, in 
 and to the above described certificates of location ; and the 
 said Dallam, was further authorized to execute and deliver in 
 the name and on behalf of the city of Baltimore, any instru- 
 ment that might be deemed necessary or ])roper, to give any 
 purchaser of said certificates of location a full and complete 
 title to the lands that might be located therewith, and to the 
 patents that might be issued for said lands by the United 
 States (Tovernment. 
 
 Will. — By the will of John McDonogh, the bulk of his estate was devised 
 and bequeathed to the Mayor, aldermen and inhabitants of New Orleans, his 
 adopted city, and the Mayor, akhirmen and inhabitants of Baltimore, 
 his native city, and their successors forever, in equal proportions of one-lialf 
 to each of said cities, for purposes of public utility specified in said will, and 
 especially for the establishment and support of free schools in said cities and 
 their suburbs, wherein the poor and the poor alone, of both sexes, of all 
 classes and colors, shall have admittance free of expense, for the purpose of 
 being instructed in the knowledge of the Lord, and in reading, writing, 
 arithmetic, history, geography, singing, &c. This is the principal object of 
 the testator's bounty. He also provided especially for a School Farm near the 
 city of Baltimore. See McDonogh'st Ex rs. v. Murdoch et. al. 15 How. U. S. 
 Supreme Court Reports, 368- 
 
 Litigation op the McDonogii estate. — John McDonogh died 27th 
 October, 1850. His will, which was entirely in his own handwriting, was 
 opened and proved in the 5th District Court of New Orleans, La., October 
 29th, 1850. 
 
 Of his numerous testamentary executors. Christian Roselius, A. D. Cross- 
 man, Wm. E. Leverich and F. B. D'Aquin, of New Orleans ; Benjamin C. 
 Howard, John Spear Smith, Brantz Mayer and William Gibson, of Balti- 
 more; and R. R. Gurley, of Washington, qualified in December 1850, ac- 
 cording to the laws of Louisiana. Messrs. Howard, Mayer, Gibson and 
 Gurley, however, after qualifying, did not remain in Louisiana, and the 
 point being raised by some of the other executors, — (though they had not 
 notified these gentlemen of their intention,) — it was decided by the court 
 that they were excluded and could not act. The administration of the will, 
 accordingly, fell on Messrs. Roselius, Crossman, Leverich, D'Aquin and 
 Smith, until they handed the estate over to the representatives of New Or- 
 leans and Baltimore, in 1855, after the preliminary litigation whs finally 
 concluded as to the validity of the will and the title of the property. 
 
MoDoNOGH Educational Fund and. Institute. 613 
 
 Article XXXIV.— Ordinances. 
 
 Tliis litigiition bogan alnu^st instantly after the death of the testator, and 
 it may be briefly summed up as follows : , 
 
 1. The objection of a creditor. 
 
 2. A sequestration of the whole estate in the hands of the Sheriff of 
 
 New Orleans, to await the decision of the suit of the States of Louis- 
 iana and Maryland against the succession of McDonogh, — by wliich 
 it was alleged that the legacies to New Orleans and Baltimore were 
 null and void, and that the States were entitled to the property, in 
 conformity to law and the intentions of the testator. This suit was 
 decided aydinnt the claim of the States. 
 
 3. A suit brought hy Mary Murdock and others, heirs of John McDonogh, 
 
 in Equity, in the Circuit Court of the U. S. for the Eastern District of 
 Lfjuisiana, against tlie Executors of John McDonogh and others, 
 alleging tlie nullity of the will and claiming the estate of the deceased 
 rt» ludrs. This case was finally decided by the Supreme Court of the 
 U. S. on appeal, at December term, 1853, — and the bequests to the 
 cities of New Orleans and Baltimore, &c. sustained. See 15 How. 
 U. S. Supreme Court Reports, 367. 
 
 4. A suit of the heirs of Spencer against the succession, for a claim against 
 
 Mr. McDonogh, which resulted adversely to the estate in a judgment 
 t&c, amounting \f) $17,961.31, which was paid in full. 
 
 5. A suit of. Sarah Greenwood and others, for a claim against Mr. McDon- 
 
 ogh ; decided in favor of the estate by the Supreme Court of Louisiana, 
 on an appeal. 
 
 6. A suit of F. J. Durant in favor of absent heirs, of which he had been 
 
 appointed curator, and which, it is believed, was not prosecuted to 
 any result. 
 
 7. A suit of Messrs. Howard and Mayer for a share of the commissions 
 
 as executors, claimed by them, which resulted in their favor, and was 
 paid by the city's representatives. See Res. Sept. 29, '54. 
 
 8. A suit of New Orleans, the American Colonization Society, and the 
 
 Society for the Relief of Destitute Orphans, against Baltimore for the 
 partition of the Estate of John McDonogh. Partition between the 
 cities granted, ordered, made and confirmed. 
 
 9. A suit of the American Colonization Society and the Society for the 
 
 Relief of Destitute Orphan Boys, against the estate, for their dis- 
 tributive share and ascertainment of its money value. The court 
 awarded to each society $84,330.27 ; and by another award of arbi- 
 trators in 1859, each society also received $3,273.90 for annuities due 
 to it until the time of actual payment of the judgment. 
 
 10. A suit of Francis Pena against New Orleans and Baltimore, for a claim 
 of $100,000 on a will of Mr. McDonogh in his favor for that sum, 
 written on a small slip of paper, and produced, for the first time. 
 
614 McDoKOGH Edccaxioital Fujtd AST) IirsTrruTE. 
 
 Article X.\.\l\ . — Ordinances. 
 
 seyeral years after the probate of the original will derising his estate 
 to the cities This singular and last produced will was sustained bj 
 the Supreme Court of Timrisiana ; and the 10O/X)O, with the interest 
 allowed, paid in fall in 1859- 
 
 11. A suit of New Orleans t*. Baltimore, for |dO,000 as an equal diaie of 
 
 the fees paid by New Orleans to counsel employed by that city on its 
 own terms, to defend the interests of the cities under the will, soon 
 after its probate, and immediately on the commencement of litigatioQ. 
 This was decided against Baltimore ; the judgment being for #37,500- 
 
 12. A suit of Moees Foi against New Orleans and Baltimore, claiming 
 
 $300,000, under another alleged will of Mr. McDonogfa, in his fevor. 
 This suit was finally decided by the Supreme CJourt of Loo^iana in 
 favor of the City of Baltimore in 1872. 
 
 AD3fI>ISTRATI05 OP THE McDoSOGH EsTATE, C^TDEK THE WeLL, BY 
 
 IHK Agkhts of Baltimore before pabtttios — asd st:"bsequest s»t.f. 
 
 A5D UqUIDATIOS BY THEM OF BALTIMORE'S SHARE. — The aCCOUntS and 
 
 returns of the agents appointed under the ordinances of 1854, ( p. 596, &c-, 
 ante,) and of 1858, ( p. 599, &C-, ante,) which latter ordinance was drawn by 
 Mr. Brantz Mayer, will be found among the Reports of the Mayor and City 
 Council of the following dates: 
 
 9th May, 1855. 24th Jannary, 1856. 2d February, 18ff7. 33d May, 1857- 
 Mardi 30, 1858. May 30, 1859. 24th April, 1860. May 7, 1860. 4th Fefa- 
 niary 1861. 12th April, 1861, and 22d April, 1861. 
 
 These documents show the cotnplete administration of the estate, so ^ as 
 the interest and share of Baltimore were concerned, by Messrs." Brantz 
 Mayer, William 3. Peterkin and Thomas L. Emory, until the oatbreak of 
 tbe war. From 1850 to 1855 — the testamentary executors managed the 
 property. In the spring of 18S5 they handed over to a joint administration, 
 constituted by city oniinances of New Orleans and Baltimore, to agents of 
 Baltimoce and commissioners of New Orteans, Yiz: in property, (real 
 dtate fUJBMfnAM, in cash $59,112.53; in chattel property $16,762, ex- 
 duaht ef ilaiee», wftieA are not eaiued a* property, and of whom there were 
 81 in all ; inasmuch as all Mr. McDonogh's slaves were to be freed and sent 
 to AMca in 15 years from his death. In nfperate ddilB and biBs leoetvable 
 I6SJ961.83. Making the total valuatu^n of the fttate bdbug^ to New 
 Orleans and Baltiaiore, and then transferred as foUows : 
 
 Inrealotate $2J086^74 58 
 
 Incash - 5©412 53 
 
 In chattel property 16,762 00 
 
 In speratd debts and bills receivable 66,951 83 
 
 $2,239,700 »i 
 These valuations were made'generally aeeontiitg t» tke MighuU vnentcry of 
 Mr. McDonoch's estate at his death, 1850-'51. 
 
McDoNOGH Educational Fund and Institute. 615 
 
 Article XXXIV.— Ordinances. 
 
 This resume, it will be seen, gives a larger amount than that stated by the 
 agents of Baltimore in their first report from New Orleans of May 9, 1855 ; 
 for the properties in St. James' Parish, valued at $303,000, and in St. Charles' 
 Parish, valued at $500, had not been appraised during the administration, 
 hy tlie executors, or returned in the inventory from the court of what was 
 transferred by these executors t(j the agents and commissioners of the two 
 cities. The allowance for sperate debts is also increased, and the charge in 
 favor of tlic estate of $20,000 thrown otf as the ten years' value of tlie ser- 
 vices of 81 negroes until tlicy were freed. In the estate's inventory, 1850- 
 '51, at McDonogh's death, the slave property of the succession was valued 
 at $42,960. 
 
 After the partition of the estate, and its sale in 1859, the representatives 
 of the cities, in fullfillment of McDonogh's wishes, and without awaiting the 
 expiration of the 15 years, sent all his slaves to Africa, abundantly provided 
 with the necessaries and comforts of life in their new home, as well as with 
 the implements of their trades and of agriculture. A vessel was chartered 
 to take them out. A pliysician was sent to take care of them. They were 
 put for six months after arrival under the care of the agents in Africa of the 
 American Colonization Society, (which had received a legacy of nearly 
 $90,000;) and finally found their resting place at Carysburg, in Liberia. 
 Here, it is understood, they have been thoroughly established, and have done 
 well and are doing well in 1878, twenty years afterwards. 
 
 On the re-appraiscment of tlie real estate bdonging to tliis succession at the 
 period of the partition of it between Baltimore and New Orleans by the 
 experts, Messrs. B. Mayer and T. G. Hunt, in May, 1857, it was found that 
 the estimated value affixed to this Real Estate when the original inventory 
 was made, immediately after Mr. McDonogh's death, 1850-51, viz: of 
 $2,086,874.58, was greater than the valuation then made by experienced 
 men in 1857. The gross valuation in the three districts of New Orleans, the 
 town of McDonoghville, and in twelve parishes of the State of Louisiana, 
 was $1,408,880, of which Baltimore's half, as apportioned, was $704,440. 
 But there was also some real estate not then capable of apportionment be- 
 tween the cities, but which had to be sold jointly and the proceeds divided. 
 This joint and luulimded property was valued at $56,800, which, added to 
 the $1,408,880 of di»MZe(f property, gave a total of $1,465,680 o/ rea/ estofe. 
 This demonstrated either a decline of values in landed property in Louis- 
 iana, or an overestimate of $621,194.58, in 1850-51. When Messrs. Mayer, 
 Peterkin and Emory closed their liquidation of Baltimore's share two years 
 afterwards, in May, 1860, the then gross sales on the four years' credit 
 allowed, exhibited a total of $918,715.06. The appraised value of our 
 divided share was $704,440, and of our undivided share, $28,400, making a 
 sum of $733,840, which, if deducted from $918,715.06, left a-balahceof 
 $185,875.06 towards paying all the liabilities of Baltimore on account of this 
 estate. 
 
616 McDoNOGii Educational Fund and Institute. 
 
 Article XXXIV.— Ordinances. 
 
 After this partition and sale the war intervened, and the change in the 
 character and value of property in Louisiana, es pecially affected the unsold 
 country, or plantation property in the parishes of Iberville, St. James, 
 &c. To January 4th, 1869, the finance committee of the trustees of the 
 McDonogh Educational Fund and Institute, reported their investments and 
 cash from the entire realized funds in their hands to be $523,740.96. And 
 by their report in January, 1878, they state the productive investments of 
 the McDonogh Fund to be $709,815.58, besides the Foxleigh farm and im- 
 provements, stock, furniture and implements, &c., certificates of location of 
 public lands, (amounting to 26,040 acres, being the net amount received by 
 the trustees under resolution No. 377, June 26, 1875, p. 611, ante, according 
 to the contract M^ith counsel under ordinance No. 1, Nov. 80, 1860, p. 607, 
 ante^ and a good deal of real estate in Louisiana still unsold. This result 
 has been reached through the Trustees' faithful devotion to the purposes of 
 their trust, and especially to the efforts here and in Louisiana of Mr. 
 H. Clay Dallam, who has been the secretary and agent of the board since 
 1868. 
 
 In 1872, the trustees, finding themselves for the first time, after the 
 decision of the Fox suit in favor of the city, free from serious litigation and 
 in possession of some $650,000, purchased the place in Baltimore county 
 known as Foxleigh, for the location of the School Farm. This farm contains 
 about 835 acres, well watered and wooded, lying on the Western Maryland 
 llailroad, 12 miles from Baltimore, in a region remarkable for its healthful- 
 ness. 
 
 The principal and other officers were duly appointed, and the School was 
 opened November 21st, 1873, by the admission of 21 pupils. This number 
 was gradually increased, as the accommodations were made ready, to 50, by 
 February 1st, 1874. Want of room has prevented any further increase of 
 numbers since that date. Applications have steadily increased from the be- 
 ginning, and there are at present a large number on the list. As soon as the 
 proposed buildings and apparatus are all provided the School will be filled 
 to its capacity of about 150 pupils. The boys are received into the School 
 between the ages of 10 and 14 years, and are allowed to remain until they 
 are 16; and if they obtain a "prize scholarship," they are entitled to an 
 additional year. They are clothed, supported, and educated absolutely free 
 of all expense. Poor boys, of good character, bona fide residents of the city 
 of Baltimore, are alone eligible to the School. 
 
 Monument to McDonogh. — John McDonogh was born in Baltimore, 
 Dec. 29, 1779. He died in the town of McDonoghville, a small settlement 
 on property belonging to him immediately opposite the city of New Orleans, 
 and directly on the river, on the 27th of October, 1850. [On his tomb in 
 Greenmount Cemetery, Baltimore, the date of his death is erroneously re- 
 corded as the 26th October, 1850.] He was buried in a cemetery belonging 
 to himself in the rear of McDonoghville, in a substantial marble burial 
 
MoDoNOGH Educational Fund and iNfeTiTUXE. 617 
 
 Article XXXIV.— Ordinances. 
 
 vault, and there his remains rested until 1860, in the spring of which year 
 they were scut to Baltimore for final interment, as he had requested in his 
 will, and temporarily deposited in the family vault of Mr. Brantz Mayer, 
 June 5th, 18G0, until a suitable tomb could be prepared in accordance with 
 the resolutions of tlie cities of New Orleans and Baltimore. 
 
 A resolution of the Mayor and City Council of Baltimore, No. 89, ap- 
 l)roved .June 5, 1858, recites that, " in the memoranda of instructions left 
 with his will by the latc.Jolin McDonoi^h, he desired that his remains might 
 be deposited in a burial place of the city of Baltimore, together with the re- 
 mains of his parents, and that a suitable vault be erected for their reception: 
 and that the wishes of the deceased in tliis respect, have not yet been com- 
 plied with, &c;" — and then it enacts, that "the agents of said city are 
 authorized to unite with the authorities or agents of the city of New Or- 
 leans, in removing the remains of said John McDonogh to Baltimore, and 
 in fulfilling, as far as practicable, the wishes m earnestly expressed by him 
 in the memoranda aforesaid ; and that should the city of New Orleans de- 
 cline uniting in the costs of removal and erection of a tomb, but should not 
 object to the accomplishment of Mr. McDonogh's desires l)y the city of 
 Baltimore, then the agents of Baltimore areemixjwered to perform the duty, 
 alone, in behalf of the city they represent; and are authorized to expend 
 all necessary sums of money — not to exceed two thousand dollars — out of 
 the city of Baltimore's share of the McDonogh estate, for said removal of 
 remains, and for the erection of a suitable tomb and memorial of the de- 
 ceased. 
 
 Under ordinance No. 56, July 14, 1860, and res<jlutions No. 140, Sept. 24, 
 '63; No. 190, Oct. 9, '63, and No. 26, Feb. 7, '67, a lot in Greenmount Ceme- 
 tery was donated for the erciction of a tomb and monument. Mr. McDon- 
 ogh's remains were deposited, on the 1st of July, 1864, in the substantial 
 vault built on this lot for their reception, and the stones above them laid 
 and cemented under the personal supervision of Mr. Mayer. It was not, 
 however, until 1866, that the monument above this vault was completed, 
 the statue erected, and the commemorative services performed. 
 
 On the sides of the monument are the following inscriptions : " Sacred to 
 the memory of John McDonogh, born in this city on the 29th of Dec, 1779 ; 
 died in the State of Louisiana, on the 26th of Oct., 1850. Written by liim- 
 self:— Here lies the body of John McDonogh, of the city of New Orleans, in 
 the State of Louisiana, one of the United States of America, the son of John 
 and Elizabeth McDonogh, of Baltimore, in the State of Maryland, and also 
 one of the United States of America, awaiting in firm and full faitli the 
 resurrection and coming of his glorious Lord, Redeemer and Master to judge 
 the world." 
 
 " Rules for my guidance in life, in 1804 : Remember always that labor is 
 one of the conditions of our existence. Time is gold, throw not one minute 
 away, but place each one to account. Do unto all men as you would be 
 done by. Never put off till to-morrow what you can do to-day. Never bid 
 
618 McDoNOGH Educational Fund and Institute. 
 
 Article XXXIV. — Ordinances. 
 
 another do what you can do 5'-ourself. Never covet what is not your own. 
 Never think any matter so trivial as not to deserve notice. Never give out 
 that which does not first come in. Never spend but to produce. Let the 
 greatest order regulate the transactions of your life. Study in your course 
 of life to do the greatest possible amount of good. Deprive yourself of 
 nothing necessary to your comfort, but live in an honorable simplicity and 
 frugality. Labor then to the last moment of your existence. Pursue 
 strictly the above rules, and the Divine blessing and riches of every kind 
 will flow upon you to your heart's content. Ikit first of all, remember that 
 the chief and great study of our life should be to tend by all means in our 
 power to the honor and glory of our Divine Creator. John McDonogh, 
 New Orleans, March 2d, 1804. The conclusion to which I have arrived is, 
 that without temperance there is no health; without virtue no order ; with- 
 out religion no happiness : and that the sum of our being is to live wisely, 
 soberly and righteously." 
 
 " Erected by the constituted authorities of the cities of Baltimore and 
 New Orleans, in memory of John McDonogh, and as a testimonial of theiT 
 appreciation of his character and his munificent liberality for the promotion 
 of a great public enterprise — the education of orphans. Here repose his 
 remains." 
 
Markets. 
 
 619 
 
 Article XXXV. 
 
 ARTICLE XXXV. 
 
 MARKETS. 
 
 STATUTES. 
 
 1. Corporation to erect and regulate 
 
 markets. 
 
 2. Penalty for buying to sell again 
 
 in market : proviso. 
 
 3. How penalty enforced : fines and 
 
 forfeitures. 
 
 4. Weight of butter: forfeited for 
 
 light weight. 
 
 5. Clerks of markets may distrain 
 
 meat for rent : to collect fines 
 and forfeitures. 
 
 6. No charge for selling in market 
 
 unless in stalls : proviso. 
 
 7. Penalty for collecting. 
 
 8. Corporation may sell or lease 
 
 stalls. 
 
 9. Corporation may buy or lease 
 
 land for purpose of extending 
 markets. 
 
 10. Power to condemn lands, «&c.: 
 proceedings. 
 
 Infants, lunatics and femes co- 
 verts. 
 
 Notice against non-residents. 
 
 List of jurors. 
 
 Oath to jurors. 
 
 15. Duty of jury. 
 
 16. Inquisition to be returned to 
 
 clerk of court : confirmation. 
 
 Another incjuisition. 
 
 Description of property : in- 
 terest: title in city: valuation. 
 
 Summoning jurors. 
 
 Pay to jurors and sheriff: costs. 
 
 Corporation to levy and collect 
 costs, damages, &c. 
 
 17. 
 18. 
 
 19. 
 
 20. 
 21. 
 
 ORDINANCES 
 
 CLEUKS. 
 
 1. Clerks to be appointed : duties. 
 
 2. Further duties. 
 
 3. Markets to be swept, &c. 
 
 4. Clerks to give bond: penalties 
 
 and conditions : to render ac- 
 counts . 
 
 5. Clerk to cause necessary repairs 
 
 to be made : proviso. 
 
 9. 
 10. 
 
 To distrain for rent. 
 
 Police officers to attend markets 
 and aid clerks. 
 
 Clerks to prevent idle or disor- 
 derly persons from frequenting 
 market houses : penalty. 
 
 Duties of assistant clerks. 
 
 Penalty for resisting clerks. 
 
620 
 
 Markets. 
 
 Articlo XXXV. 
 
 STALLS AND STANDS. 
 
 11. Notice on unrentcd stalls. 
 13. Clerks to fix rent of stalls not 
 enumerated. 
 
 13. Moveable stalls, &c. to be erected : 
 
 penalty for injuring stalls, &c. 
 
 14. Clerks to collect ten cents for 
 
 numbers of stalls. 
 
 15. Mt)de of renting stalls, &c.: re- 
 
 cord to be kept by Comptroller: 
 licenses for stalls transferable : 
 rates of licenses. 
 
 16. Clerks to make monthly reports 
 
 to Comptroller : duty of Comp- 
 troller. 
 
 17. Renewals of licenses regulated. 
 
 18. Public sale of stalls. 
 
 19. Clerks forbidden to rent places 
 
 to offenders against ordinance: 
 persons having licenses not to 
 rent stalls : duty of clerks. 
 
 20. Vacant benches may be occu- 
 
 pied : proviso. 
 
 21. The erection of certain structures 
 
 prohibited: duly of clerks: 
 proviso. 
 
 22. Butchers' closets regulated. 
 
 23. Limits of benches regulated, 
 
 24. Regulations for occui)iers of 
 
 benches, &c. 
 
 25. Fruit and vegetable stands. 
 
 SALES, &C. 
 
 26. Meat not to be sold except on 
 
 butchers' stalls: proviso. 
 
 27. Sale of unsound meat prohibited. 
 
 28. Mode of v^^eighing. 
 
 29. Animals, &c. not to be driven on 
 
 brick pavements : killing, &c. 
 in markets prohibited. 
 
 30. Cows not to be brought in mar- 
 
 ket during market hours. 
 
 31. Sale of merchandise, &c. pro- 
 
 hibited. 
 
 32. What females may sell merchan- 
 
 dise in markets: amount of 
 stock in trade : proviso. 
 
 33. Hucksters to occupy only certain 
 
 parts of markets. 
 
 34. Dealers in certain articles Irom 
 
 carts, &c. to obtain licenses: 
 proviso. 
 
 35. Sausages, &c. not to be sold in 
 
 markets without license: pen- 
 alty : duty of clerks of mar- 
 kets : proviso. 
 
 36. Dealers in meal and Hour to ob- 
 
 tain licenses: proviso. 
 
 37. Sale of fresh meat regulated. 
 
 38. Sale of wine, &c. prohibited. 
 
 39. Cows, &c. not to be sold in 
 
 streets. 
 
 40. Taxonsaleof cows, Ac: proviso. 
 
 41. Unlawful to slaughter calves 
 
 under four weeks old. 
 
 42. Auctions prohil^ited in markets 
 
 during market hours. 
 
 43. Goods not to be placed on foot- 
 
 ways. 
 
 44. Public scales and weights to be 
 
 taken care of: rent of scales. 
 
 WAGONS, &C. 
 
 45. Wagons, &c., how to be placed 
 
 in markets : proviso. 
 
 46. Vehicles, horses, &c. in markets 
 
 regulated : penalty. 
 
 47. Streets not to be obstructed : 
 
 proviso : bacon carts prohibited 
 from passing through streets 
 on Sabbath : penalty. 
 
 48. Location of horses, vehicles, &c- 
 
 at certain hours : penalty. 
 
 49. Penalty for bringing carts, &c. 
 
 into markets. 
 
 50. Avenues, &c. to be kept open. 
 
 LIMITS, &c. 
 
 51. Plats of markets to be made. 
 
 52. Water not to be drawn from 
 
 Fell's Point reservoir for ship- 
 ping purposes. 
 
 53. Penalty for defacing market 
 
 houses, &c. 
 
 54. Rights of property owners. 
 
 55. Cooking in markets prohibited. 
 
Markets. 
 
 G21 
 
 Article XXXV. 
 
 MAKKET DAYS AND HOURS. 
 
 5G. Market days. 
 
 57. Market hours. 
 
 SAI.AniES. 
 
 58. Salaries of officers of markets. 
 
 BKL-Arn MARKET. 
 
 59. Limits of Bel -Air market. 
 
 60. Bond of clerk. 
 
 61. Kent of stalls and benches. 
 
 nUOADWAY MARKET. 
 
 62. Keeper of hall over Broadway 
 
 market: his duty. 
 6.3. Bond of clerk. 
 
 64. Penalty. 
 
 65. Defa(;ing, «fec. hall : penalty. 
 
 66. Position of waj^onsaod vehicles. 
 
 CANTON MARKET. 
 
 67. Kents and licenses of stalls. 
 
 68. Bond of clerk. 
 
 CENTRE MARKET. 
 
 (!'.). Limits of Centre market. 
 
 70. Market on Fish Market Space. 
 
 71 . Fresh fish : vegiitahles and fruits. 
 73. Licenses to conform. 
 
 73. Encumbran('es : fresh fish. 
 
 74. Stalls in Centre market for sale 
 
 of cheese, &c. 
 
 75. Bond of clerk. 
 
 76. Assistant clerk. 
 
 77. Clerk to have streets near Fish 
 
 market washed : penalty. 
 
 78. Rent of stalls and benches. 
 
 79. Location for sale of cheese, salted, 
 
 cured and dried fish under di- 
 rection of clerks. 
 
 80. Meats and cooked provisions. 
 8L Time and place for the sale of 
 
 horses, &c. designated : where 
 
 horses not to be sold. 
 83. Driving across Centre Market 
 
 Space at Lombard and Pratt 
 
 streets. 
 83. What limits hucksters to keep. 
 
 INSTITUTE MARKET. 
 
 84. Wagons outside Institute market 
 
 house. 
 
 85. Keeper of market house under 
 
 Maryland Institute: his duties. 
 
 86. Penalty IVir violating provisions 
 
 of f)rdinance. 
 
 87. Market doors : proviso. 
 
 88. Defacing, itc. Maryland Institute 
 
 building; penalty. 
 
 CROSS STREET MARKET. 
 
 89. Limits of Cross street market. 
 
 90. Additional duties of clerk. 
 
 91. Bond of clerk. 
 
 92. Stalls. 
 
 FEI,l/8 POINT MARKET. 
 
 93. Limits of Fell's Point market. 
 
 94. Stalls to be occupied every day 
 
 of week. 
 
 95. Regulations. 
 
 96. Bond of clerk. 
 
 97. Rent of stalls and benches. 
 
 HANOVER MARKET. 
 
 98. Limits of Ilanover market. 
 
 99. Bond of clerk. 
 
 100. Rent of stalls and benches. 
 
 101. What limits hucksttsrs to keep. 
 
 HOLLTNS STREET MARKET. 
 
 103. Limits of Ilollins street market. 
 
 103. Bond of clerk. 
 
 104. Stalls. 
 
 LAFAYETTE MARKET. 
 
 105. Bond of clerk. 
 
 106. Powers and duties of clerk. 
 
 107. Market ordinances and regula- 
 
 tions. 
 
 108. 
 
 109. 
 110. 
 111. 
 113. 
 
 LEXINGTON MARKET. 
 
 Limits of Lexington market : 
 proviso: wagons, &c.: pen- 
 alty. 
 
 Bond of clerk. 
 
 Assistant clerk. 
 
 Rent of stalls and benches. 
 
 What limits hucksters to keep : 
 meats and cooked provisions. 
 
622 
 
 Markets. 
 
 Article XXXV.— Statutes. 
 
 PHOVISIONS APPLICABLE TO BEL-AIU, 
 CENTRE, pell's POINT, HANOVER 
 AND LEXINGTON MARKETS. 
 
 113. Limits for butchers' stalls be- 
 
 yond which impediments not 
 to be placed. 
 
 114. Limits for other stalls. 
 
 115. Dealers in cheese, salted, cured 
 
 or dried fish to occupy certain 
 parts of markets. 
 
 RICHMOND MARKET. 
 
 116. Limits of Richmond market. 
 
 117. Bond of clerk. 
 
 118. Rent of stalls. 
 
 119. Rent of unoccupied stalls. 
 
 SALE OP STALLS IN BEL-AIR, CANTON, 
 CENTRE, CROSS STREET, P E L L ' S 
 POINT, HANOVER, LAFAYETTE, LEX- 
 INGTON AND RICHMOND MARKETS. 
 
 120. Ratified and confirmed: pro- 
 
 viso : promises and agreements. 
 
 STATUTES . 
 
 1. The Mayor and City Council have power to erect and 
 regulate markets. * 
 
 2. If any person shall buy, or cause to be bought, any 
 Penalty for kind of Vegetables, dead meat, poultry, butter, cheese, tal- 
 again in market, low, cggs or fisli 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. 
 
 p. L. L., art. 4, 
 see 631. 
 Corporation 
 may erect and 
 regulate mar- 
 kets. 
 Ibid, eec. 632. 
 
 * As early as 1751, when there were but twenty -five houses, four of brick, 
 in Baltimore-town, a subscription was taken up to erect a market house. 
 But a lot was not selected till 1763, (see 1765, c. 34,) when the corner lot on 
 the north of Baltimore street and west of Gay street was leased for a market 
 at about fifty dollars per annum. In 1784 the market house, erected on 
 above lot, was sold, and a space intended originally for a canal or dock, on 
 Harrison street, was appropriated for the purpose of a market. About the 
 same time, another market house was erected on the northwest corner of 
 Hanover and Camden streets, and another on Fell's Point, (see 1784, c. 62, 
 and 1785, c. 33, Bugan v. Mayor, &c., 5 G. <fe J. 357.) The Lexington 
 market was erected by the Western precincts in 1803, (see 1803, c. 76,) and 
 another was provided for the Eastern precincts in 1807, and erected in 1819, 
 (see 1807, c. 160, and 1817, c. 148.) 
 
 The city of Baltimore has authority " to erect and regulate markets," and 
 " to prevent and remove nuisances." Ordinances were passed in 1853, (No. 
 16, March 4, 1853, and resolution No. 246, September 10, 1853,) to re-build 
 one of the old Belair market houses, and to erect a temporary one for the 
 use of the public till the new one was completed. After the old building 
 had been taken down and the temporary one put up, a hole was dug within 
 the limits of the market b}' persons who had no business there, into which 
 
Maekets. 623 
 
 Article XXXV.— Statutes. 
 
 he shall for the first offence forfeit the article, or the value 
 thereof; for the second offence he shall forfeit the article 
 and be fined four dollars, and for every other offence forfeit 
 fifteen dollars, to be recovered in a summary way before a 
 justice of the peace ; provided that the purchasing of pork. Proviso, 
 beef and fish, by the barrel or other package, butter in firk- 
 ins, or other packages not less than fifty pounds, bacon or 
 
 the plaintiff fell during market hours and was injured. The hole was about 
 twenty feet from a flat outside the old market house, but within the limits 
 taken for the new one, where hucksters were accustomed to sell, and, at the 
 time were selling vegetables against the orders of the market master, who 
 had warned them off"— the limits of the new market were indicated by a furrow, 
 along which granite stones were placed for the work, which with the timber 
 placed at one end was intended as obstructions to keep people off. The 
 plaintiff sued the city to recover damages for injuries sustained by falling 
 into this hole. Held : 
 
 1st. That the action could not be maintained on the ground of negli- 
 gence in the city or its agents, in removing the old house; the owner or 
 person in charge of property undergoing repairs or being built, is not re- 
 sponsible for damages to one who voluntarily goes amid the ruins, having 
 no business there. 
 
 2d. The charter places the city, in this respect, on the same footing as 
 individuals and private corporations, and it assumes the duty and the con- 
 sequence of negligence in its performance of keeping the established 
 markets free from nuisances. 
 
 3d. But this liability cannot be enforced when the party injured has not 
 observed ordinary care and diligence, nor when he met his accident at a 
 place which, at the time, was not an authorized market place, or where buy- 
 ing and selling were carried on against public authority. 
 
 4th. When the old house was taken down it ceased to be a market place, 
 and the fact that hucksters were selling on the flat as formerly, does not 
 affect the question, because the plaintiff cannot protect himself against the 
 consequences of his own act under cover of the unauthorized acts of 
 others. 
 
 5th. If the ground when the hole was dug was the only way by which 
 the plaintiff could reach the temporary market, or if the city authorities 
 had set apart or indicated it as a way thereto, (of which, however, there was 
 no proof,) the city would be liable for negligence, if any, in permitting the 
 way to be obstructed by such nuisance; but the fact that others used the 
 same route does not make the city responsible to the plaintiff. Mayor &c., 
 V- Brannan, 14 Md. 227. 
 
624 
 
 Markicts. 
 
 Article XXXV.— Statutes. 
 
 cheese by llie quantity, by any merchant or shop keeper, and 
 selling the same again in his store or shop, shall not be 
 deemed or taken as an offence against this section. 
 
 Ibid, sec. 683. 
 
 How penalty 
 enforced. 
 
 Fines and for- 
 feitures. 
 
 Ibid, sec. 631. 
 
 Weight of 
 butter. 
 
 Forfeited for 
 light weight. 
 
 Ibid, sec. 635. 
 
 Clerks may dis- 
 train meat for 
 rent of stalls. 
 
 To collect fines 
 and forfeitures. 
 
 3. Whenever any person shall be found exposing for sale 
 any of the articles enumerated in the last preceding section, 
 otherwise than in his store or shop, and there shall be good 
 cause to suspect they hav6 been purchased contrary to the 
 provisions of the said last preceding section, it shall be 
 lawful for any person to apply to a justice of the peace lor a 
 warrant to apprehend the person so suspected, and the jus- 
 tice shall have power to inquire into the offence, and if the per- 
 son suspected be convicted thereof on the oath of one or more 
 credible witnesses, or if he cannot make it appear to the satis- 
 faction of the justice that he raised or made the articles by 
 him offered for sale, or is disposing of them on account of the 
 ]ierson 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 })rovisions of the said 
 last preceding section, and the fines and forfeitures shall be 
 recovered in a summary way before the said justice. 
 
 4. All butter sold by the pound in the said market shall 
 Aveigh 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 forfeit the same, and it shall be seized and taken by the 
 clerk of the market and sold for the use of the city. 
 
 5. The clerks of the market shall have full power and 
 authority to seize by distress any meat upon any stall in the 
 market houses of said city, if the butcher owning such stall 
 shall not pay the rent due thereon ; and he shall also collect 
 all fines and forfeitures imposed in the preceding three sec- 
 tions, and account for the same to the Mayor and Citj^ Coun- 
 cil. 
 
Markets. 625 
 
 Article XXXV.— Statutes. 
 
 6. No charge, tax, or fees, shall be set, rated, or levied, iwd, sec. ese. 
 upon any person, or the property of any person, who shall No charge for 
 
 -1 « .', . . , . , selling in mar- 
 
 attend any oi the markets oi said city, with any articles or ket unless in 
 
 produce from the country to vend in said markets, of their 
 
 own growth, produce or manufacture, or as the agent of the 
 
 grower, producer or manufacturer of the same, unless such 
 
 person or persons shall occupy some place or stand in some 
 
 of said market houses ; provided, such person or agent be Proviso. 
 
 not a resident of the said city. 
 
 7. If any clerk of the market, or any other person or of- ibid, sec. C27. 
 ficer appointed by or under the authority of the Mayor and penalty tor 
 City Council, shall demand, receive or collect any tax or 
 
 other charges from any person or persons attending the 
 markets of said city as provided in the last preceding section, 
 who shall be standing in the open streets, and who do not 
 0(!cupy any place or stand in the market, he shall he liable 
 to a fine of twenty dollars fur each offence, to be recovered 
 before any justice of the peace as small debts, one-half to the 
 informer and the other half to the State. 
 
 8. The Mayor and City Council may lease, sell or dispose ibid, sec. ess. 
 of the stalls and stands in any market, in any manner and corporation 
 
 mav sell or 
 
 for any term they may think proper. i^ase sta»s- 
 
 9. The Mayor and City Council may cimtract for, pur- ibij, sec. 639. 
 chase, lease and hold, to them and their successors, in fee corporation 
 
 muy buy or 
 
 simple, or for a term of years, renewable from time to time 'eas« und for 
 
 I- ' J } purpose ol ex- 
 
 forever, any lands, tenaments and their appurtenances in IfJIg'"^"*"' 
 the vicinity of any market, or for the purpose of extending 
 the same. 
 
 10. They may agree with the owners of any land, or ibid, sec. 64o. 
 
 other property which they may deem it expedient to pur- power to con- 
 demn lands, & 
 chase and hold, for the purpose of extending any market, 
 
 and if they cannot agree, or if there be any incapacity in 
 
626 
 
 Markets. 
 
 Article XXXV.— Statutes. 
 
 Proceedings, the ownGi's 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 to the Mayor and City Council, may 
 issue his warrant to the Sheriff of said city, commanding 
 him to summon from the said city a jury of twenty freehold- 
 ers, 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 
 to every owner or person interested, and left at his place of 
 abode. 
 
 Ibid, sec. 641. 11. If any infant or lunatic or feme covert be the owner 
 Infants, luna- in wholc Or iu part of the property subject to be condemned, 
 
 tics and femes . t. ^l ^ ^ v 
 
 coverts. the uotice shall be given to his or her guardian, trustee, 
 
 committee or husband, as directed in the preceding section. 
 
 Ibid, sec. 643. 12. If such owucr, guardiau, trustee, committee or hus- 
 Notice against band, rcsidc out of the State, or is unknown, such no ice 
 
 non-residents. ,,,, itii i • -i ^ -i- 
 
 shall be published not less than eight weeks successively in 
 some one or more of the daily newspapers of said city. 
 
 Ibid, sec. 643. 13. The owucr of such property, or the guardian, trus- 
 Listof jurors. tcG, cominittce or husband, of the owner may, from the list 
 of jurors returned by the Sheriff, strike four, and the Mayor 
 and City Council four, so that the number of jurors may be 
 reduced to twelve, and if either party neglect or fail to strike 
 off the names of jurors, the Sheriff or his deputy shall strike 
 for the party so failing or refusing. 
 
 Ibid, sec. 644. 14. The Sheriff or his deputy shall, before the said jury 
 
 Oath to jurors, procccd to act, administer to each of them an oath justly 
 
 and impartially to value the damages which the owners or 
 
 parties holding an interest in the property to be condemned 
 
Markets. 627 
 
 Article XXXV.— Statutes. 
 
 will sustain, by the use and occupation thereof by the Mayor 
 and City Council of Baltimore. 
 
 15. The jury 80 qualified shall inquire into, assess and iwd, sec. 645. 
 ascertain the sura or sums of money to be paid by the Mayor Duty of jury, 
 and City Council for the land or other property to be con- 
 demned, baving regard to all the circumstances of damage 
 
 or benefit to result to such owner or party interested therein. 
 
 16. The jury shall reduce their inquisition to writing, iwa, sec 646. 
 and shall sign and seal the same, and it shall then be re- inquisition to 
 
 be returned to 
 
 turned by the Sheriff to the clerk of the Superior Court* of ciorit of court. 
 
 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 conUrmation. 
 
 cause to the contrary be shown, and when confirmed shall be 
 
 recorded by the said clerk at the expense of the Mayor and 
 
 City Council. 
 
 17. If said inquisition be set aside by the court, the said iwd, sec, 647. 
 court shall direct another inquisition to be taken in the man Another inqui- 
 
 . . sition. 
 
 ner hereinafter directed. 
 
 18. Every such inquisition shall describe the property ibw, sec. 468. 
 taken or the bounds of the land condemned, and the quanti- Description of 
 
 property. 
 
 ty or duration of the interest in the same valued to the Mayor interest 
 and City Council, and such valuation, when paid or tendered 
 to the owner or owners of said property, or his or their legal 
 representatives, shall entitle the Mayor and City Council to xitieinoity. 
 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 valuation, 
 same; and the valuation, if not received when tendered, 
 may at any time thereafter be received without interest by 
 the said owners, or his or their legal representatives. 
 
 * See Const., Art. IV, sec. 28, p. 183, ante. 
 
628 
 
 Markets. 
 
 Article XXXV. — Ordinances. 
 
 19. If the twenty jurors summoned as hereinbefore direct- 
 ed shall not appear at the time and place appointed, the 
 Sheriff or his deputy shall forthwith summon other freehol- 
 ders of the city, qualified as before directed, to make up the 
 said jury to the number of twelve. 
 
 20. The jurors summoned and attending shall be allow- 
 ed one dollar per day for their services ; the Sheriff shall be 
 allowed the same fees as for summoning jurors to the upe- 
 rior 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, except incases 
 of objection to the confirmation of the inquisition, when the 
 costs in said court may be awarded in the discretion of the 
 court. 
 
 Ibid, sec. 651. 2 1 . The Mayor and City Council may levy and collect all 
 
 Corporation to , i j. j i i i f- ■ • i 
 
 levy and collect the costs, dauiagcs and expenses awarded as aforesaid. 
 
 costs, damages, 
 &c. 
 
 ORDINANCES . 
 
 Ibid, sec. 649. 
 
 Summoning 
 jurors. 
 
 Ibid, sec. 650. 
 
 Pay to jurors. 
 Sheriff. 
 
 Costs. 
 
 No. 27, s. 7, 
 R.O. 
 
 CLERKS. 
 
 1 . There shall be appointed for each of the markets one 
 Clerks to lie clei'k. Thc clerks appointed to the several markets shall 
 
 appointed. /• n 
 
 have lull power and authority to take possession, care and 
 Duty oi clerks, cliargc of the markets to which they are res2)ectively appoint- 
 ed, during their term of office ; and they shall attend, unless 
 prevented by sickness or other unavoidable accident or neces- 
 sity, the markets to which they are respectively appointed, 
 during the market hours hereinafter prescribed, and at such 
 other hours as shall be necessary in order to enforce obedience 
 to all and every the rules directed to be observed concerning 
 such markets. 
 
 Ibid, s. 11. 2. It shall be the duty of the clerks of the several 
 
 Further duties, markets to prevent all blown, stuifed, unsound or unwhole- 
 some provisions from being sold, or exposed for sale within 
 
Markets. 
 
 629 
 
 Article XXXV. — Ordinances. 
 
 the same, and to weigh and examine all butter, lard and 
 other articles of provisions sold at a given weight, to see that 
 the same are of due weight for which the same are offered 
 for sale, and the same, when false, to seize and dispose of to 
 the highest bidder, for the use of the city, after having been 
 made in roll form ; to decide all differences and disputes 
 which may arise in the said markets, to which they are sev- 
 erally appointed, between buyers and sellers, touching the 
 weight and measure of the things there bought and sold, 
 and to try all scales, weights and measures by which any 
 provisions offered for sale in the said markets, are to be 
 weighed or measured, as often as practicable ; and all such 
 scales, weights and measures, as are found incorrect, shall 
 be seized by the clerk or his assissant and destroyed, and the 
 owners thereof, or the person using them, shall forfeit and 
 pay a fine of ten dollars, for each and every offence, one-half 
 for the use of the clerk of the market and the other half to 
 be paid into the city treasury, and to collect all rents of the 
 stalls and shambles in the markets to which they may belong, 
 for tlio use of tlio city. 
 
 3. The said clerks shall cause the markets to which they no. a?, s. 13, 
 
 K. o. 
 are res|iectively aj)pointed, to be swept at least twice in every Markets to be 
 
 swept, &c. 
 
 week, on the duys next preceding market days, and have 
 their respective markets cleaned before eight o'clock on Sun- 
 day mornings, and on such other days as the Mayor may 
 direct, and to remove all dirt, filth and snow from the same 
 as often as may be necessary ; and it shall be the duty of 
 the said clerks, when fish are sold, to scrape and wash the 
 beuches and scrub and wash off all filth from the i)avements 
 and gutters, so as to make the said fish market as clean as 
 practicable, or cause the same to be done, before five o'clock 
 in the afternooti of each and every day the fish are sold 
 
630 
 
 Markets. 
 
 Article XXXV.— Ordinances. 
 
 therein, under a penalty of five dollars for every neglect or 
 omission.* 
 
 Ibid, s. 15. 
 
 Clerks to give 
 bond. 
 
 Penalties. 
 
 Conditio 7.S. 
 
 To render 
 accounts. 
 
 Ibid, s. 62. 
 
 Clerk to cause 
 necessary re- 
 pairs to be 
 made. 
 
 Ibid, s. 58. 
 
 Clerks to dis- 
 train lor rent. 
 
 Ibid, s. 59. 
 
 Police officers 
 to attend mar- 
 kets and aid 
 clerks. 
 
 4. Before the clerks of the several markets shall take 
 upon themselves the execution of the trust reposed in them 
 by this ordinance, they shall each give bond, with sufficient 
 security to be approved by the Mayor, to the Mayor and 
 City Council of Baltimore, in such penalties as may be pre- 
 scribed in this article, for the clerks of the several markets, 
 with conditions thereto annexed, that they will well and faith- 
 fully discharge the several duties required by this or any other 
 ordinance, and that they will render to the Mayor on the 
 first Monday in every mouth, a just and true account of all 
 moneys they may from time to time receive in virtue of their 
 offices, and that they will pay the same to the Register, for 
 the use of the city. 
 
 5. Whenever any repairs may be required at any of the 
 market houses, it shall be the duty of the clerk of the 
 market, with the approbation of the Mayor, to have such 
 repairs made, and the expenses thereof shall be paid out of 
 the proceeds of said market ; provided, that the same shall 
 not exceed fifty dollars for each market in any one year. 
 
 6. The clerks of the several markets shall have full power 
 and authority to distrain and sell any meat, provisions or 
 other articles upon any stall, stand, shamble, bench or place, 
 if the person renting the same or in the occupation thereof 
 shall not pay the rent due thereon. 
 
 7. It shall be the duty of the police officers to attend at 
 the several markets ot the city, in such order of rotation and 
 subject to such rules and regulations as may be prescribed, 
 and during the prescribed time of such attendance to aid 
 
 * See sec. 113, p. 419, ante, as to duty of Street Superintendents to have 
 filth, &c., removed from market houses on Sunday morning. 
 
Markets. 631 
 
 Article XXXV. — Ordinances. 
 
 and assist tlie clerks of the said markets respectively in pre- 
 serving order therein and enforcing the provisions of this 
 ordinance. 
 
 8. It shall be the special duty of the clerks of the markets, ibid, s. 49. 
 at all times, to prevent idle or disorderly persons from fre- cierks to pre- 
 
 , - , . , vent idle or dis- 
 
 qucnting the market houses, and any person or persons who orderly persons 
 may be found sitting, sleeping or behaving in a disorderly j,"'^™,"''®' 
 manner, within either of the market houses, or upon the 
 shambles, stalls or benches thereof, shall each forfeit and Penalty, 
 pay a fine of one dollar for each offence. 
 
 9. It shall be the duty of the assistant clerk of the res- iMd.s. le. 
 pective markets to aid and assist the principal clerk in the Duties of as- 
 discharge of the duties imposed on him by law, and preserve 
 
 order within tlie limits of the market of which he is an as- 
 sistant ; to collect all the per diem rents from persons occu- 
 pying unlicensed stalls, stands, benches or places in the 
 market of which he is an assistant clerk, and return a true 
 and just account thereof, on oath, and pay over the same to 
 the Register of the City on the first Monday in each and 
 every month. 
 
 10. If any person shall resist or obstruct any clerk oriwd, s. n. 
 assistant clerk of a market in the execution of his duty, he penalty for re- 
 
 iiiipp- 1 Tii sisting clerks. 
 
 or she shall lorieit and pay a sum not exceeding twenty 
 dollars. 
 
 STALLS AND STANDS. 
 
 11. It shall be the duty of the clerks of the several mar- iwd, s.is. 
 ket houses in the city, to affix on each stall, stand, shamble Notice on un- 
 and bench in each of said market houses not rented and 
 licensed, a written or printed notice, offering the same for 
 
 rent, and stating the amount of rent and license which will 
 be charged for the same. 
 
632 Markets. 
 
 Article XXXV. — Ordinauces. 
 
 Ibid, S.20. 12. The clerks of the several markets, with the consent 
 
 Clerks to fix of the Mavor, shall have power to fix the rent of all 
 
 rent of stalls ' ^3 r 
 
 notenumeiated. gtalls, stands and bcnchcs not enumerated in this article; 
 provided, that said rents shall not at any time he fixed at a 
 lower rate than is now paid for the same. 
 
 Ibid, s. 41. 13. Tne Mayor is hereby empowered to cause, from time 
 
 Moveable to time, as may he found most expedient and necessary, a 
 
 stalls, &c. to be t J t . .; : 
 
 erected. numher of movable stalls and permanent fixed benches to 
 
 be made and erected at the expense of the corporation, and 
 placed on such parts o" the limits of the markets as may by 
 him be found most convenient and suitable, and to cause the 
 same to be numbered and rented out to the venders of mar- 
 ket articles, by the clerks of said markets, on the terms 
 heretofore established, or which may hereafter be established, 
 for such stalls and benches in such respective markets ; and 
 
 Penalty for if any person shall wilfullv or maliciously break or other- 
 
 injuiing stalls, 
 
 *c. wise injure any permanent fixed bench, movable or other 
 
 stall, any person so offending, and every person aiding or 
 concerned in such offence, shall forfeit and pay a sum not 
 exceeding twenty dollars for each offence. 
 
 No. 24, Api. 24, 14. The clerks or assistant clerks of the several markets 
 
 '6-1. 
 
 Clerks to col- shall collcct from all dealers, except butchers and bacon 
 fornumbers of dcalcrs, tcu ccuts for cach and every number of the stall or 
 
 stalls. . "^ 
 
 stalls occupied by them, on each and every market day or 
 part of a market day. 
 
 No. 27, s. 42, 15. Whenever the cleik of any market shall rent or hire 
 
 R O 
 
 Mode of renting out any stall, Stand, shamble or bench, he shall give to the 
 
 stalls, ic. , , . , ..J-, ,1 p 
 
 person or persons obtaining the same a certificate tnereot, 
 which shall specify the terms of the tenure, and the number 
 and other description of the stall, stand, shamble or bench ; 
 and in case the Mayor shall approve of the terms of said cer- 
 tificate, he shall forthwith grant to the person holding the 
 same, a license under the corporation for the stall, stand, 
 
Markets. 633 
 
 Article XXXV. — Ordinances. 
 
 shamble or bench described in such certificate for one year 
 and no longer ; in which license shall be distinctly ex|)rn8Ked 
 the number or other description of the stall, stand, shamble 
 or bench, the market wherein it is situated, and the terms 
 of the tenure; and the Comptroller shall keep a record ofKecordtobe 
 
 ' kept by Corap- 
 
 the name of the person to whom sucli license shall be 'rouer. 
 granted ; and the terms and tenure thereof, in a book to be 
 kept by him for that and similar purposes ; and every such 
 license shall, with the api)robation of the Mayor, be trans- Licenses for 
 
 stalls traiisfera- 
 
 ferable, and shall be evidence of title in the grantee or ^le. 
 assignee to the stall, stand, shamble or bench therein men- 
 tioned ; and the person applying for said license, shall pay Rates of 
 
 licenses. 
 
 therefor to the Comptroller five dollars for the use of the 
 city.* 
 
 16. It shall be the duty of the clerks of the several mar- ibid, 8.44. 
 kets of the city to report monthly to the Comptroller th e cierks to make 
 
 . monthly reiiortg 
 
 names of the several persons to whom he may grant certin- to comptroller, 
 cates ; and if any of the persons to whom certificates shall be 
 granted, shall not apply to the Comptroller, within ten days 
 after the date of such certificate, such person or persons 
 
 * Under No. 26 of R O. 1850, sees. 41, 42 and 44, which sections are iden- 
 tical (except that " Comptroller" is put for " lieglster " in sees. 15 and 16 of 
 above,) with above sections 15, 16 and 19, it was held, in Hatch v. Penderyast, 
 15 Md. 252 : 1st. That the payment of the license fee confers on the party 
 the right to use the stand or stall whether a license be obtained or not, but 
 mere payment of rent for a stand, without reference to the license fee, does 
 not vest title to the stand. 2d. A paper in the form of a receipt, signed by 
 the market clerk, stating that he had received five dollars for a specific 
 stand, is to be construed as a certificate of payment of the required license 
 fee for the use of the stand. Title to market stands cannot be acquired by 
 possession ; every seller must be considered as holding his stand by contract 
 with the city, subject to the market regulations and not adversely to its au- 
 thority. If difficulty arise between the holders of certificates of contiguous 
 stands, the limits of which are not defined on the pavement, it is the duty 
 of the market clerk to interpose and determine their respective rights, and if 
 necessaiy, to call the police to his aid in preserving order and peace in the 
 market. 
 
634 
 
 Markets. 
 
 Article XXXV. — Ordinances. 
 
 Duty of 
 UomptroUer. 
 
 Ibid, 8. 44. 
 
 Renewals of 
 licenses regu- 
 lated 
 
 shall be liable to a fine of five dollars ; and it shall be the 
 duty of the CDinptroUer on the first Tuesday in each month, 
 to furnish the clerks of the several markets, a list of the 
 persons to whom certificates have been granted, and who 
 have not taken out licenses, and it shall be the duty of the 
 said clerks to collect forthwith the amount of the license 
 money due by the granting of said certificates, and to pay 
 the same over to the Comptroller. 
 
 17. If any person or persons, to whom any stand, stall, 
 or bench shall have been rented in any of the markets, shall 
 continue to occupy the same^ and shall neglect to renew his, 
 her or their license and certificate, or refuse or neglect to pay 
 the rent due on such stand, stall or bench, such person or 
 persons shall be liable to a fine of two dollars ; and it shall 
 be the duty of the clerk of the market in which such delin- 
 quent stand, stall or bench shall be situated, to take pos- 
 session of the same, within ten days from the expiration of 
 such license, in the name of the Mayor and City Council, 
 and proceed as provided in the succeeding section. 
 
 18. When any stall shall become vacant by the failure of 
 the tenant to renew his, her or their certificate or license, or 
 rent due on such stand or stall for ten days, the same shall 
 be disposed of on the succeeding market day at eleven 
 o'clock, A. M., at public sale ; the clerk having posted at 
 least twenty-four hours' notice before such sale within the 
 limits of said market, by an advertisement setting forth the 
 same ; and the proceeds of such sale shall be paid over to 
 the Register of the City. 
 
 19. The clerks of the respective markets are hereby prohi- 
 bited from letting or hiring any pari of the said markets, or 
 any stall, stand or bench therein, to anj'' person or persons 
 whom they have good reason to suspect of ofi^ending against 
 the provisions of this ordinance ; and they shall not rent any 
 
 No. 55, Sept. 30, 
 
 '58, 
 
 Public sale of 
 
 stalls. 
 
 No. 27, 8. 45, R. 
 O. 
 
 Clerks forbid- 
 den to rent 
 places to 
 offenders 
 against ordi- 
 nances. 
 
Markets. 635 
 
 Article XXXV. — Ordinances. 
 
 stall, stand, bench or place, in any market within the city, to 
 any person or persons who shall not intend to occupy the 
 same during the terra of the said renting; and no more than 
 one stall, stand, bench or place, shall be rented to any one 
 person, unless said person shall satisfy the clerk of his or her 
 intention to occupy the same as a place of business in the said 
 market; and no person shall assign any license for any stall, Persons having 
 
 ' ' , a J J ^ licenses not to 
 
 stand, bench or place, without the consent of the clerk of the rent stalls, 
 market in which it is situate; and the said clerk shall not as- 
 sign any license when the person or persons to whom it is 
 proposed to assign, shail be required to pay a greater rent than 
 was paid by the person to whom the license was first granted ; 
 provided, that nothing herein contained shall be made to ap- 
 ply to any stall which is owned by any person or persons in 
 the said market; and it shall be the duty of the said clerks, Duty of clerks, 
 respectively, to remove and drive off any person using or oc- 
 cupying any stall, bench or stand in any of the said markets 
 contrary to the true intent and meaning of this ordinance. 
 
 20. Any person bringing provisions or articles of any ibw, s. 46. 
 description not prohibited, to the several markets for sale on vacant benches 
 
 1 1 ^ • 11 1111 I'j """y ^^ OCCU- 
 
 market days, durmg market hours, shall be authorized to p«ed.; 
 occupy any vacant permanent bench, movable stall, or any 
 other stand or place, (except butcher's stalls,) on paying for 
 the use of the city, to the clerk or his assistant, the sum of 
 twelve and a-half cents for each day, or part of a day, he, she 
 or they shall occupy the same. 
 
 21. It shall not be lawful for any person or persons to erect ibid, s. 48. 
 
 or cause to be erected any permanent wooden frame or struc- The erection of 
 ture upon the outside stalls of the market houses, or to use tares prohib- 
 
 '^ ' ited. 
 
 the same, under a penalty of five dollars for each offence ; and 
 
 the clerks of the several markets are hereby directed to give Duty of cicrks. 
 
 notice to the owners of such frames or structures as are now 
 
 erected, to remove the same, and if said notice is not complied 
 
 with within ten days thereafter, the said owner or occupant 
 
636 
 
 Markets. 
 
 Article XXXV. — Ordinances. 
 
 shall pay the penalty of five dollars, and the further sum of 
 five dollars for each day the same shall be permitted to remain 
 after the expiration of said notice ; provided, that this section 
 shall not be constrncd to aflect any regular market bench ; and 
 provided further, that nothing contained in this section shall 
 apply to any frame structure now erected on the outside stalls 
 ol' the several fish markets, and used by venders of cheese and 
 confectionery. 
 
 Butchers' 
 closets regu- 
 lated. 
 
 Ibid, s. 53. 
 
 Limits of 
 benohes regu- 
 lated. 
 
 Ibid, s. 55. 
 
 Regulations 
 occupiers of 
 benches, &c. 
 
 22. No butcher or butchers shall erect or cause to be erect- 
 ed, under his or their respective shambles, any box or closet, 
 unless the same be raised four inches above the pavement, 
 under a penalty of five dollars for each and every week such 
 box or closet may remain under said shambles. 
 
 23. The division line between the butchers and the occu- 
 piers of benches behind the shambles, shall be drawn six in- 
 ches from the inner edge of one pillar, to six inches from the 
 inner edge of another; and no butcher shall hang any meat 
 or other thing, or place any fixture on the outside of said 
 line, nor shall any occupier of any of said benches hang any 
 meat or thing, or place any fixture on the inside of said line, 
 and every person oftending herein, shall forfeit and pay a sum 
 not exceeding five dollars for each and every offence. 
 
 24. All blocks, benches, tubs or other things used in the 
 for markets for the accommodation of butchers, whilst occupying 
 
 the shambles, shall be placed and kept within the limits of the 
 shambles by thein severally occupied, and in such manner as 
 not to extend into the market house further than four feet 
 beyond the inner edge of their respective shambles ; and every 
 butcher, to ])revent nuisances, shall collect, secure and carry 
 away, or cause to be removed from the limits of the market, 
 all heads, feet, pluck or other offal, that are or may be within 
 the limits of his shamble or bench, under a penalty of five 
 dollars for each offence ; and all meat, roots, herbs and vege- 
 
Mabkbts. 637 
 
 Article XXXV. — Ordinances. 
 
 table provisions offered for sale under the extended sheds of 
 said markets, and all tubs, baskets, and other things used in 
 said market for the accommodation of the sellers, shall be placed 
 by the several and respective owners thereof, so as not to ex- 
 tend beyond the edge of the benches on the one side, nor 
 within the range of posts on the other side, to the interruption 
 of the purchasers passing and repassing under the said extend- 
 ed sheds ; and if any person having charge of any tub, bench, 
 meat, roots, herbs, or vegetable provisions, or other things, as 
 aforesaid, shall cause or suffer the same to be placed or remain 
 otherwise than is hereinbefore mentioned and directed, every 
 person so offending shall forfeit and pay for every offence two 
 dollars ; nor shall any person occupying any eave bench, under 
 the like penalty for every offence, extend or enlarge the same 
 by any permanent or temporary fixture beyond the kerb stone. 
 
 25. Permission is hereby given to dealers in fruit and vege- no. 404, sept. 
 tables occupying stands in the different markets of the city, to Fmitand vege- 
 continue in use their stands during the day, (Sundays except- 
 ed,) during the fruit season. 
 
 SALES, LICENSES, &c. 
 
 20. No person shall sell any meat in any part of or about no. 27, 3. 33, r. 
 any of tlie market houses in the city within the limits of any Meat not to be 
 of the markets, other than the regularly licensed butchers' butchers'''staii8. 
 stalls inside of the markets, under a penalt}' of ten dollars for 
 each and every offence; provided, that nothing herein con- Proviso, 
 tained shall prevent any farmer from selling in any market 
 meats which are exclusively products of his own farm, nor to 
 prevent bacon sellers from making such sales as shall be au- 
 thorized by license. 
 
 27. No person shall sell or expose to sale, in any of the ibid, s. as, 
 markets aforesaid, or elsewhere within the limits of the city, saie of unsound 
 
 meatB piohlb- 
 
 any blown, stuffed, unsound or unwholesome meat, or articles ited. 
 of provision, or measly pork, or stale or unsound flesh, under 
 
638 Markets. 
 
 Article XXXV. — Ordinances. 
 
 the penalty of twenty dollars for each and every offence ; the 
 said penalty to be paid into the city treasury. 
 
 Ibid, s. 24. 28. All flesh, flour and other provisions sold by weight 
 
 Mode of weigh, shall be Weighed by scales and weights, or patent balances, 
 *°^" duly stamped, regulated by the officers appointed for that 
 
 purpose — such scales and weights or patent balances to be 
 provided by the seller ; and if any person shall be guilty of 
 selling by steelyards, or by unjust weights, false measures, or 
 scales falsely balanced, he or she shall pay a flne of five dol- 
 lais for each and every offence. 
 
 Ibid, 8 25. 29. No person shall lead, ride, drive or bring into any of 
 
 Animals, &c., the market houses, or on the brick pavement of the same, any 
 
 on brick pave- horso or othcr beast, wagon, cart, wheelbarrow, or any other 
 
 Killing, &c., in carriage whatsoever, or kill or slaughter within the limits of 
 
 hibited. '"^" any of the markets, any beast, or gut or cleanse any fish, or 
 
 lay, throw or deposit any dirt, filth, dung, garbage or offal 
 
 therein, under the penalty of two dollars for each and every 
 
 offence. 
 
 ibid.s. 26. 30. If any person shall lead, drive or place any cow within 
 
 Cows not to be the limits of any of the markets during market hours, every 
 market during pcrsou SO oifendiiig sliall forfeit and pay the sum of two dol- 
 
 market hours. 
 
 lars for every such offence. 
 
 Ibid, s. 27. 31. Any person who shall sell or offer for sale, within the 
 
 saieofmer- limits of any of tlie markets aforesaid, any merchandise or 
 
 pro*hiVited. ^'' clothing of any description whatever, or any other article 
 
 except eatables, or shall during market hours, ofler for sale 
 
 any china, glass or earthenwares within the limits of any of 
 
 said markets, or on the sidewalk, or bed of any street or alley 
 
 within one square of the limits of said market, shall, for each 
 
 and every offence, pay a fine of not less than five dollars, or 
 
 Proviso. more than ten dollars; provided, that this section shall not 
 
 affect any gardener or farmer bringing any articles of his or 
 
Markets. 639 
 
 Article XXXV. — Ordinances. 
 
 her household manufacture to sell on his or her stand, stall or 
 place. 
 
 32. Nothing in this article contained, forbidding the sale ibid, s. as. 
 
 of any manufactured goods, wares and merchandise within the Fem-iies whose 
 
 stock in trndc 
 
 limits of the markets, shall be construed to extend or apply to does not exceed 
 
 ' ' ^ ^ lorty doUars 
 
 any female bona fide engaged in the business of selling on her ^YnjiJe'Ja'"" 
 own account, whose stock in trade offered for sale within the "»"''ets. 
 limits aforesaid, shall at no time exceed the sum of forty dol- 
 lars in value; provided such female shall have procured a Proviso, 
 license therefor from the City Comptroller, and shall have License, 
 paid for the same the sum of five dollars as the annual rate 
 thereof.* 
 
 33. It shall not be lawful for any huckster or any person ibid, s.ao. 
 living in the city and dealing in the articles of butter, eggs or Hucksters to 
 
 ' ' ^ occupy only 
 
 poultry, or either of them, to dispose of or offer for sale, certain parts oi 
 either as principal or agent, any article except within those 
 parts of the limits of the several markets which may be desig- 
 nated for that purpose by the Mayor. 
 
 34. It shall not be lawful for any person to sell or offer for iwa, ». si. 
 
 sale from any cart, wagon or other vchiftle, within the limits Dealers in cer- 
 tain articles 
 of any market within the city, any cheese, or salted or cured fiom carts Ac, 
 
 •' .' 1 J ^ tj, obtain licen- 
 
 meat, without having obtained from the Comptroller, who is ''•''• 
 hereby authorized to grant the same, a license, for which 
 dealers in salted or cured meat shall pay fifty dollars to sell in 
 the several markets of the city; provided, that said license Proviso, 
 shall not confer the right to sell in any more than one market 
 at the same time, nor out of more than one cart, under a 
 penalty of ten dollars for each and every offence; and dealers 
 in cheese or salted codfish or salmon, or any cut or broken 
 pieces thereof, to pay ten dollars for a license to sell in the 
 market therein named ; and any person or persons selling or 
 causing to be sold any cheese within the limits of any market 
 
 * See sec. 8, being Act of 1878, c. 414, on p. 577, ante- 
 
640 Markets. 
 
 Article XXXV. — Ordinances. 
 
 whatever in the city, without having first obtained a license 
 so to do, shall forfeit and pay the sura of three dollars for each 
 Proviso. ■ and every such offence ; and provided further, that nothing 
 contained in this section shall be construed as extending to 
 farmers selling the produce of their farms. ' 
 
 Ibid, s. 33. 35. It shall not be lawful for any person to sell or offer for 
 
 Sausages, &c.. Sale, within the limits of any of the markets in the city, any 
 
 not to be sold i . /. i . i /. 
 
 in markets puddiugs or sausagcs, without having first obtained from the 
 
 without license. * <=> o / o 
 
 Comptroller a license, to expire on the first day of May in 
 every year ; for which he shall receive the sum of five dollars 
 for each and every market ; and every person offending against 
 
 Penalty the provisious of this section, shall forfeit and pay a penalty 
 
 of five dollars for each market day he or she may attend ; and 
 
 Duty of clerks it shall be the duty of the clerks of the markets at the several 
 
 of markets, , ^ , i • i i . • /• i • 
 
 markets or the city, to see that tlie provisions oi this section are 
 Proviso. complied with and enforced ; provided, that the provisions of this 
 
 section shall not apply to butchers selling under a license in the 
 inside of the market house ; and provided, also, that it shall not 
 apply to farmers selling such articles, the produce of their farms. 
 
 Ibid, s. 34. 36. It shall not be lawful for any person to sell or ofier for 
 
 Dealers in meal Ba-lCj froiTi any cart, wagou Or other vehicle, within the limits 
 
 tain licenses, of auy market within the city, any meal or flour of any kind, 
 
 without first obtaining from the Comptroller a license, for 
 
 which said dealers in meal or flour of any kind shall pay ten 
 
 Proviso. dollars to sell in the several markets of the city ; provided, 
 
 that said license shall not confer the right to sell in any more 
 
 than one market at the same time, nor out of more than one 
 
 cart, under a penalty of twenty dollars for each and every 
 
 ofl'once ; provided further, that nothing herein contained shall 
 
 be construed as extending to farmers selling the produce of 
 
 their farms, or to the manufacturers of meal or flour. 
 
 Ibid, 8. 60. 37. It shall not be lawful for any person to sell or offer for 
 
 Sale of fresh Sale, witliin thc limits of any of the markets of the city, ex- 
 meat regulated. i i i < n #• i , • • ^ a.\ 
 
 cept on the butchers stalls, anj' iresh meat, in pieces Jess tnan 
 
Markets. 641 
 
 Article XXXV. — Ordinances. 
 
 a quarter, under a penalty of ten dollars for each and every 
 offence. 
 
 38. No person or persons shall, at any time, sell, or expose ibid, s. 51. 
 for sale, within the limits of either of the markets, any wine saie of wine, 
 or spirituous liquors of any kind, under a penalty of five dol- 
 lars for each and every offence. 
 
 39. It shall not be lawful for any person to expose, or offer no. 37, ». es, r. 
 for sale, in any of the streets, lanes or alleys of the city, any cows. &c., not 
 
 rt. ■, . I . to bo sold in 
 
 COW or other neat cattle ; and any person offending therem streets, 
 shall forfeit and pay a sum not exceeding two dollars nor less 
 than fifty cents for each and every offence. 
 
 40. The owner or owners of any cow or cows, with or with- ibid, s. 67. 
 out calves, or any other neat cattle, shall pay to such persons Tax on sale of 
 
 • 1 •! 1 ^1- COWS, &c. 
 
 as shall be appointed to receive the same the sum 01 thirteen 
 cents on each and every head of cattle so exposed or offered 
 for sale, or which may be taken to the lot enclosed for that 
 purpose; provided, that no charge shall be made for a calf proviso, 
 when accompanied with a cow. 
 
 41. It shall not be lawful for any person or persons to no. 53, May 10, 
 slaughter any calf, and expose said slaughtered calf for sale unlawful to 
 at any of the markets, or elsewhere, within the limits of the cawL under 
 
 1 /» 1 J £• 1 • 1 1 '^°"'" weeks' old. 
 
 City, at a less age than tour weeks, and or less weight than 
 fifty pounds net weight, under a penalty of twenty dollars. 
 
 42. No person or persons shall place or expose for sale, by no. 27, », eo, r. 
 auction, any goods, wares or merchandise, or furniture of any Auctions pro- 
 kind, within the limits of the several markets of the city, on market during 
 
 market hours. 
 
 market days during market hours, under a penalty not ex- 
 ceeding twenty dollars for every such offence. 
 
 43. It shall not be lawful for any person to offer at public ibid,s. ei. 
 sale, or place on the footway or brick pavement, goods of any Goods not t 
 
 .. , • t p 1 • 1 • ' ^ placed on f( 
 
 description, at either side 01 any market in the city, without ways. 
 permission first had and obtained from the Mayor, under the 
 
642 
 
 Markets. 
 
 Article XXXV.— Ordinances. 
 
 penalty of not less than five nor more than fifteen dollars for 
 each and every offence. 
 
 Public scales 
 and weights to 
 be taken care 
 of. 
 
 Ibid, 8. 57. 44. The Mayor is hereby authorized to contract with and 
 
 employ some suitable person, under such security and upon 
 such terms as he may think proper, to take charge of the 
 public scales and weights, who shall receive for the use of the 
 corporation, for every draught weighed by him, from the per 
 son applying therefor, such sum as the Mayor shall fix, and 
 pay over the same to the Register once in every week ; but the 
 
 Rent of scales. Mayor is hereby authorized to rent from year to year, upon 
 the best terms he can procure, the said scales, if he shall think 
 proper so to do.* 
 
 WAGONS, &c. 
 
 Ibid, s 86, 45. All wagons, carts and other carriages attending the 
 
 Wagons, &c., market on market days, shall be placed within the limits of 
 
 how to be 1 1 • 
 
 placed in mar- the market during market hours, and shall be arranged in such 
 Proviso. manner as the clerk of the market shall direct ; provided, that 
 
 in case all such wagons, carts and other carriages cannot be so 
 arranged in one row, the residue may be placed in such parts 
 of the adjoining streets, and in such manner as the clerk of 
 the market shall deem right and proper ; and any person 
 offending herein shall forfeit and pay one dollar for each and 
 every offence. 
 
 Ibid, 8. 36. 
 
 Vehicles, 
 horses, tic, in 
 markets regu- 
 lated. 
 
 46. No more than two horses or other beasts of draught 
 shall remain fixed to any wagon or sled, nor more than one 
 horse or beast of draught to any cart or other carriage, and 
 no wagon, cart or other carriage, loaded with wood, stone, 
 brick, hay, dirt, lime or lumber, or merchandise of any kind, 
 no empty wagon, cart, or other carriage, and no hackney car- 
 riage shall be drawn or placed in the limits of either of the 
 markets during market hours on market days ; and no horses 
 
 * See sec. 36, p. 528, ante. 
 
Markets. 643 
 
 Article XXXV. — Ordinances. 
 
 or other beasts of draught, not fixed to a wagon or other car- 
 riage, and no unloaded horse shall be permitted to enter or 
 remain within the said limits during the hours and days afore- 
 said, except those living within the said limits going to or from 
 their premises ; but this shall not apply to any farmer who, 
 having disposed of his produce, may wish to leave the market ; 
 and any person herein offending shall forfeit and pay one dol- penauy. 
 lar for each and every offfence, and any person or persons 
 obstructing tiie streets within the limits of the several tnarkets, 
 at any tiuie not designated by law as the market hours of such 
 market, shall forfeit and pay a fine of five dollars. 
 
 47. It shall not be lawful for any person or persons to ibid, s. 37. 
 place on the streets of the market houses of this city, any streots near 
 wagon, cart, or other carriage, or any barrel or barrels, box or b"e"obstructed. 
 boxes, or other articles, upon any day (Saturday excepted,) 
 
 after four o'clock in the afternoon, between the first day of 
 October and the first day of April, and after six o'clock in the 
 afternoon between the first day of April and the first day of 
 October, of the day previous to the regular market days, the 
 same to be removed before three o'clock in the afternoon of 
 such market day, under a penalty of ten dollars for each and 
 every offfence; provided, tliat nothing in this section shall be Proviso, 
 so construed or applied to bacon sellers, as to prevent them 
 from driving directly from one market to another, and occu- 
 pying their respective stands in such market; and that noth- 
 ing herein contained shall be so construed as to allow the uaeon carta pro- 
 bacon carts or others to occupy their stands, or to remain on jmssing thi'mi-h 
 
 sti-.-pts on Sub- 
 
 any ot tlie streets, lanes or alleys, or to pass through any or t>.'th. 
 the streets, lanes or alleys of the city on the Sabbath day, Penalty. 
 under a penalty of five dollars for each offence 
 
 48. No person shall place any horse or beast of burden ibid,s. 40. 
 
 within five feet of any wagon, cart, or other vehicle, or within Location of 
 
 two feet of any of the flag-stones within the limits of any of oips.ic.,. it cer- 
 tain hours. 
 the markets, after five o'clock in the afternoon of the day pre- 
 
644 Markets. 
 
 Article XXXV. — Ordinances. 
 
 Penalty. Ceding market days, or during market hours, under a penalty 
 
 of two dollars for each offence. 
 
 Ibid, s. 56. 49. If any butcher or person employed in vending meat or 
 
 Penalty for Vegetable provisious shall bring, or cause to be brought, on 
 
 bringing carts, ,.■,■,.. r, • ■> 
 
 &c, into the market days, within the limits of said markets, any cart or 
 
 market. / ^ . 
 
 other carriage within market hours, every person so offending 
 shall forfeit and pay a fine not exceeding two dollars. 
 
 Ibid, s. 54. 50. The avenues or footways for the passing of all persons 
 
 Avenues, &c., froiu tlic slicd parts of the market houses to the places assigned 
 
 to be kept open. 
 
 for the stations of the wagons shall be kept open, so that the 
 same may be severally opposite to the several avenues of the 
 brick buildings; the said avenues, and all other avenues or 
 footways of said market houses, shall be kept free and clear 
 of and from all obstructions whatsoever, under a penalty of 
 one dollar for each and every offence. 
 
 LIMITS, &c. 
 
 Ibid, 8. 63. 51. A plat embracing the entire limits of each market 
 
 Plats of markets shall be providcd by the Mayor, distinguishing the numbers 
 of the respective stalls, shambles, benches, stands and places, 
 and a copy thereof shall be kept by the Register and another 
 by the clerk of the market, and the expenses of providing the 
 same shall be defrayed out of the incidental fund. 
 
 Ibid, 8. 70, 52. It shall not be lawful for any person to fill or cause to 
 
 Water not to be be filled with watcr, drawn from the reservoir situate between 
 Fell's Point the market houses on Fell's Point, any barrel, hogshead, or 
 
 reservoir for ./ o 7 
 
 shipping pur- other Water cask, whatsoever, for shipping purposes, under a 
 penalty not exceeding twenty dollars for each and every 
 offence. 
 
 Ibid, s. 71. 53. If any person shall deface any portion of any market 
 
 Penalty for de- housc, or any appendage thereto, or shall cast or throw any 
 
 facing market 1 • i 1 • • 1 
 
 houses, &c. Stone, brick or any other missile, or place any trestle or other 
 lumber on the roof of any market house, or any shed or other 
 
Makkets. 645 
 
 Article XXXV. — Ordinances. 
 
 appcndaf^e thereto, or clinib on or walk upon the roof of the 
 same, each and every person, for each and every such offence, 
 shall forfeit and pay a sum not exceeding five dollars. 
 
 54. Nothing in this article shall be so construed as to aft'ect iwd, s. 72. 
 the rights of property holders or tenants within three feet of Rights of prop. 
 
 , , , . , 1 . 1 • *'''y holders. 
 
 the building line. 
 
 56. It shall not be lawful for any person or persons to cook ibiu.s. 47. 
 any meat or other victuals within the limits of any of the cooking 
 market honses, under a penalty of five dollars for each ofience. * *'"^°' 
 
 in mar> 
 ibited. 
 
 MARKET DAYS AND HOURS. 
 
 56. The market days shall be Monday and Thursday at No.43,Aprii2i, 
 the Hanover and Richmond markets; Tuesday and Friday at Market days, 
 the Fell's Point, Belair, Cross Street and Lexington markets ; 
 Monday, Wednesday and Saturday at the Centre market; 
 Wednesday and Saturday at the Eollins market, and also 
 Saturday evenings at each of said markets. Monday, Thurs- no. i.nov. 14, 
 day and Saturday are hereby designated as the regular market iviarket days at 
 days of the Lafayette market house.* ket.''^* * " 
 
 57. The market hours at the Centre, Lexington, Belair, No. 27, 8.9, r. 
 
 ° , O.; No. 44, June 
 
 Hollins street and Hanover markets shall begin at daylight 2. '62 ; No. 47, 
 
 _*=> -^ » July 2, '60. 
 
 and end at eleven o'clock in the forenoon, during the months Market hours, 
 of October, November, December, January, February and 
 March, and begin at six o'clock A. M. and end at half-past 
 ten o'clock in the forenoon during the remainder of the year; 
 the market hours at Fell's Point market shall begin at day- 
 light and end at twelve o'clock noon, during the months of 
 October, November, December, January, February and March, 
 
 * The market days for the Centre, Hanover and Fell's Point markets were 
 established in 1784. See Acts of 1784, c. 62, and 1785, c. 33. 
 
6i6 Markets. 
 
 Article XXXV. — Ordinances. 
 
 and end at eleven o'clock in the forenoon during the remain- 
 der of the year ; the market hours at the Richmond market 
 shall begin at two o'clock and end at six o'clock in the after- 
 noon ; the market hours at Cross street market shall begin at 
 daylight and end at eleven o'clock in the forenoon during the 
 months of October, November, December, January, February 
 and March, and end at ten o'clock in the forenoon during the 
 remainder of the year ; and for the Saturday evening market, 
 the market hours at all the markets hereinbefore named shall 
 begin at sunset, and end at eleven o'clock in the evening, 
 except the Fell's Point and Belair markets, which shall begin 
 at three o'clock and end at eleven o'clock ; the Hollins street 
 market, which shall begin at two o'clock and end at ten 
 o'clock, and the Cross street market, which shall begin at three 
 No. 5, s.^Nov. o'clock and end at ten o'clock. Market hours at the Lafayette 
 
 18, '71. _ _ -^ 
 
 Market hours at market shall begin at daybreak during the months of October, 
 
 Lafayette mar-5 
 
 I'et. November, December, January February and March, and end 
 
 at eleven o'clock A. M., and during the remainder of the year 
 shall begin at the same time and end at ten o'clock, and those 
 for Saturday shall commence at three o'clock P. M., and end 
 at eleven o'clock P. M. 
 
 SALARIES OF OFFICERS OF MARKETS. 
 
 No. 19, Mar. 34, 58. The Several officers mentioned in this section shall re- 
 
 '66 ; No. 12, 
 
 Ma 
 
 37, 
 
 No. 26,Ai)l. 1, 
 
 '64. 
 
 7*juneT4' '65"' y^i'^cas compensation the annual salaries herein allowed them : 
 
 Salaries. 
 
 BELAIR MARKET. 
 
 No. 11, Mar 18, Clerk, sovcu hundred dollars: cleaner, three hundred dol- 
 
 '73. ' ' ' 
 
 lars. 
 
 BROADWAY MARKET. 
 
 No. 30, s. a. Keeper of hall, four hundred dollars: and the Register is 
 
 May6, 'G.1. ' ' ' & 
 
 Expenses. licrcby dircctcd to pay to the keeper the sum of one hundred 
 dollars per annum, or so much thereof as may be necessary, for 
 brooms, soap and other articles to be used in cleaning said hall. 
 
Markets. 647 
 
 Article XXXV. — Ordinances. 
 
 CENTRE MARKET. 
 Clerk, tour liundred and fifty dollars; assistant clerk, three No. si. Junesr 
 
 ' , . ' '70 ; No. 34, 
 
 hundred and fifty dollars ; cleaner, six hundred dollars; keeper api. 7, '64. 
 to Institute market, five hundred dollars ; and the Register is Expenses, 
 hereby directed to pay to the said keeper twenty -five dollars 
 per annum for brooms, soap and other articles to be used in 
 cleaning said market house. 
 
 CROSS STREET MARKET. 
 
 Clerk and keeper of Cross street market hall, eight hundred no. ii.mm. is, 
 dollars; cleaner, fifty dollars. 
 
 FELL'S POINT MARKET. 
 
 Clerk, four hundred and fifty dollars; cleaner, three hun- 
 dred and sixty dollars; provided that it shall be the duty of 
 said cleaner to clean both the old and new market-houses, and 
 to take charge of and keep in a cleanly condition the lamps in 
 and around said market, and light the same. 
 
 HANOVER MARKET. 
 
 Clerk, four hundred and fifty dollars; cleaner, three hun- 
 dred dollars. 
 
 HOLLINS STREET MARKET. 
 
 Clerk, five hundred dollars; provided, that it shall be the 
 duty of said clerk, in addition to the duties now performed by 
 him, to take full charge of the hall over said market, to keep 
 said hall in a cleanly condition, and to light np said hall when 
 necessary ; cleaner, one hundred and twenty dollars. 
 
 LAFAYETTE MARKET. 
 Clerk, three hundred dollars. No. 5, May is, 
 
 ' '71. 
 
648 Markets. 
 
 Article XXXV.— Ordinances. 
 
 LEXINGTON MARKET. 
 
 Clerk, four hundred and fifty dollars ; assistant clerk, three 
 hundred and fifty dollars ; cleaner, four hundred and eighty 
 dollars. 
 
 RICHMOND MARKET. 
 
 No. 11, Mar. 18, Clerk, four hundred and fifty dollars ; cleaner, two hundred 
 Ibid, 8. 2. and forty dollars. 
 
 BEL-AIR MARKET. 
 
 No. 27, s. 5, R. 59. The limits of the Belair market shall include the mar- 
 Limits of ket house and the space on each side thereof, and Forrest 
 
 Belair market. '■ 
 
 street from the market space eastwardly to Douglass street, 
 and from the market space westwardly to Hillen street, and 
 the width of Hillen street northwardly to Monument street ; 
 the limits of the said market to be subject to the provisions 
 regarding footways prescribed by section 69, ordinances of this 
 article.* 
 
 *By the Act of 1843, c. 309, the Belair market space was extended in the 
 following manner, that is to say : beginning for one side of the said exten- 
 sion on the northeast side of nortli Gay street, where the southwesternmost 
 side of the then Belair market space, if continued, would intersect the 
 northeast side of Gay street, and running thence northerly with the same 
 range of the Belair market space, until it intersects the southwesternmost 
 side of Forrest street ; and beginning for the other side of the said extension 
 on the northeast side of north Gay street, at the distance of Forrest street, 
 northerly from where the northeast line of the said Belair market space, if 
 extended, would intersect the said northeast side of Gay street, and running 
 thence northeasterly parallel with the first described line, until it intersects 
 the west side of Forrest street, and all the grounds contained within the said 
 lines of Gay street, and forty feet, and Ensor street are added to and in- 
 cluded in the Belair market space. 
 
 By 1844, c. 224, the Mayor and City Council were authorized to proceed 
 to condemn and appropriate, for the purpose of extending the Belair market 
 space, the property embraced within the following description, viz : begin- 
 ning for the southwesternmost side of said contemplated exten sion, at a 
 point on the northwest side of North Gay street, where the southwest side 
 of the then Belair market space, if extended, would intersect the north- 
 
Markets. 649 
 
 Article XXXV. — Ordinances. 
 
 60. The clerk of the Belair market shall give bond as no. 27, s. 15, r. 
 
 o. 
 
 prescribed by section 4, ordinances, of this article, in the Bondof cierk. 
 penalty of one thousand dollars. 
 
 61. In the Belair market houses, the butchers' stalls shall no. 27, s. 19, r. 
 
 o. 
 
 be at a rent of twenty dollars; the permanent benches, three Rent of stalls 
 
 and benches. 
 
 dollars ; and the eave benches, two dollars ; in the fish market 
 houses, the two middle rows of benches shall be at a rent of 
 four dollars, and the two outer rows at a rent of two dollars.* 
 
 west side of North Gay street, and running northwesterly with the same 
 range of the said market space, until it intersects the southwest side of For- 
 rest street, and thence with tlie southwest side of Forrest street to the south- 
 ernmost intersection of Forrest and Hillen streets ; and beginning for the 
 northeastern most side of said contemplated extension, at a point forty feet 
 northeasterly, on the northwest side of north Gay street, from where the 
 northeasternmost side of the present market space would intersect the said 
 northwest side of north Gay street, if extended, and running thence north- 
 westerly until it intersects the southeasterly side of Ilillen street, at a point 
 one hundred and sixty feet from the southeasternmost corner of Forrest and 
 Hillen streets. 
 
 No. 32, May 19, 1865, authorized the building of an additional market 
 house at the Belair market. It further provided, that the Comptroller 
 should, on the completion of the market house, proceed to sell in perpetuity 
 all the permanent stalls in the same at public sale to the highest bidder; 
 provided that he might in his discretion, withdraw any stall or stalls should 
 the bid be less than he deemed to be the value of the same, and that the rent 
 of the said stalls should be regulated and fixed by him, at such prices as in 
 his judgment were fair and equitable; and that the said market house shall 
 in all respects be governed by the ordinances of the Mayor and City Council 
 of Baltimore. 
 
 By Res. No. 332, June 26, 1868, the Comptroller was authorized and di- 
 rected to contract with and purchase from the owners the lot of ground and 
 improvements now erected thereon, (beginning for the same at the corner of 
 Forrest and Low streets, binding on the south side of Low street forty -one 
 feet, and running thence parallel with Forrest until it intersects Friendship 
 street ; thence along Friendship street to Forrest ; thence along Forrest 
 street to the place of beginning,) for the purpose of the further extension of 
 the Belair market ; and by No. 188, June 22, 1870, the City Commissioner 
 was authorized and directed to have erected an additional market house on 
 the lot described in aforegoing resolution on the plan submitted to the Council. 
 
 * For sale of stall in this market, see Musgrave v. Stuyhr, adm. 36 Md. 
 124. 
 
650 
 
 Maukets. 
 
 Article XXXV. — Ordinances. 
 
 BROADWAY MARKET. 
 
 No. 30, May 6, 
 
 '65. 
 
 Keeper of hall 
 
 over Broadway 
 
 market. 
 
 His duty. 
 
 No. 27, i. 15, R, 
 
 O. 
 
 Bond of clerk. 
 
 No. 30, s. 3, 
 May 6, '65. 
 Penalty. 
 
 Ibid, 8. 4. 
 
 Defacing, &c., 
 hall. 
 
 Penalty. 
 
 62. It shall bu the duty of the Mayor, with the approba- 
 tion of the City Council, to appoint a keeper for the hall 
 erected over the Broadway market, whose duty it shall be to 
 have charge of said hall, subject to such ordinances, rules 
 and regulations as may be prescribed by the Mayor and 
 City Council; and whose further duty it shall be to assist 
 the clerk of the Broadway market in the performance of his 
 duties in said market on market days. 
 
 63. The clerk of Broadway market shall give bond as pre- 
 scribed by section 4, ordinances, of this article, in the pen- 
 alty of five hundred dollars. 
 
 64. For all violations of the provisions of section 62, or inter- 
 ference with the keeper in the execution of his duty, the penalty 
 shall be the same as is prescribed in this article for the regula- 
 tion of markets. 
 
 65. It shall bo the duty of the clerk of the Broadway 
 market, and the keeper of the hall, to prevent the defacing, 
 mutilating or injuring the walls or any portion of the hall 
 erected over the Broadway market in any manner whatever; 
 and any person or persons wilfully defacing, mutilating or in- 
 juring the walls, or any portion of said hall, shall be subject 
 to a fine of five dollars for each and every offence.* 
 
 *The Broadway market house was erected under ordinances Nos. 30, 
 April 7, '64, and 79, June 9, '64, on the vacant space of ground on Broad- 
 way, between Canton avenue and Aliceanna street. No. 30 autliorized the 
 Comptroller to rent the public liall in the upper story, and to sell in perpet- 
 uity all the permanent and movable stalls in the same, at public sale, to 
 the highest bidder, for cash ; provided he might, in his discretion, withdraw 
 any stall or stalls, should the bid be less than he deemed the value of the 
 same, and that the rent of the said stalls should be regulated and fixed by 
 him, at such prices as in his judgment would best promote the interests of 
 the city and the prosperity of the market. 
 
 No. 30 further provided that the said market house shall in all respects be 
 
Makkets. 651 
 
 Article XXXV. — Ordinances. 
 60 All wafirous and other vehicles which may occupy stands Res. No. 251, 
 
 " •' ^•' July 2, '72. 
 
 on the t)ed of the street, on each side of the Broadway Wagous and 
 
 , vehicles to re- 
 
 market, trom Canton avenue to Lancaster street, shall be ^^se position. 
 
 reversed in such a manner as to expose their products for sale 
 
 on the side of the street nearest the sidewalk, and the clerk of 
 
 the market shall see that this section is conformed to. 
 
 CANTON MARKET. 
 67. The rent of the butcher stalls shall be fixed at ten dol- No. 4, Dec. 6, 
 
 '59, 
 
 lars ])er annum, payable quarterly in advance ; the eave stalls Rents and u- 
 
 , , , J 1 1 censes of stalls. 
 
 at one dollar and the bench stalls at two dollars per annum, 
 payable in advance, as also the usual license; subject to all 
 ordinances, resolutions, rules and regulations which now arc 
 or may hereafter be passed, regulating markets.* 
 
 governed by tlie ordinances of the Mayor and City Council in relation to 
 markets. 
 
 By resolution No. 309, Oct. 14, 1872, permission was granted Captain R. 
 A. Cashmyer, commanding Co. A, 1st Cavalry, M. N. G., to have the use 
 of the hall over Broadway market as a drill room, for company A, 1st 
 Cavalry, M. N. G., on each first and third Friday night in every month from 
 7 o'clock until 11 o'clock; the expense of the gas light aud cleaning of said 
 hall to be borne by said command, for the nights on which the hall is so 
 used ; and the further condition being, that the rank and file of said com- 
 pany shall at no time be less than one hundred active members, the permission 
 hereby granted to be revoked upon six months' notice to that effect from 
 the Mayor. 
 
 * The. Comptroller was authorized by this ordinance to sell in perpetuity 
 all the stalls in the Canton market house, at either public or private sale, to 
 the highest bidder. 
 
 The Canton market house was erected under ordinance No. 99, July 14, 
 '59, which provides that on the execution of a deed to the Mayor and City 
 Council of Baltimore by the Canton Company of Baltimore, of all that piece 
 or parcel of ground in the city of Baltimore, lying in the centre of O'Don- 
 nell street, and seventy-five feet in width, and extending from Patuxent 
 street a distance of about three hundred and forty feet easlwardly to Poto- 
 mac street, to be used forever as a public market, the City Commissioner is 
 authorized and directed to have constructed on the east an'} of the lot, a 
 market liouse (similar to the market house on the of the Lexington 
 
652 Markets. 
 
 Article XXXV. — Ordinances. 
 
 No. 27, s. 15, R. 68. The clerk of Canton market shall give bond as prc- 
 Bond of clerk, scribcd by section 4, ordinances, of this article, in the penalty 
 of five hundred dollars. 
 
 CENTRE MARKET. 
 No.27,s.i, R. (39, The limits of the Centre market shall be as follows : 
 Limits of befifiniiino; with the kerb stone on the south side of Baltimore 
 
 Centre market. " ^ 
 
 street and running southerly the whole width of market space 
 to Pratt street, and from the east line of the space east with 
 the Fish market space and the width thereof to Jones' Falls; 
 also, from the west line of the first named space west on 
 Second street, within the kerb stones, to Frederick street, and 
 north from Baltimore street, on Harrison street, and within the 
 Proviso. kerb stones, to the bend in said street ; provided, however, that 
 
 nothing herein contained shall be construed to interfere with 
 the rights and privileges of the occupier or occupiers of any 
 of the houses on the spaces above mentioned, or with the free 
 
 market,) to be sixty feet wide and one hundred and fifty feet long ; said 
 market house te be built of the best materials, and in a good and workman- 
 like manner — the contract to be awarded to the lowest responsible bidder, 
 after advertising in two of the daily papers for the space of two weeks, ac- 
 cording to the ordinances of the city. It further provides that said Canton 
 market shall in all respects be governed by the ordinances of the Mayor and 
 City Council in relation to markets. The Canton Company engages that it 
 will not, at any time, rent or lease any part of its property to be used as a 
 market house. 
 
 By ordinance No. 106, June 19, 1871, the Comptroller Was authorized and 
 directed to lease to the Canton Company the property known as the Canton 
 market, situated on O'Donnell street, with all the rights, privileges, and 
 powers of said Mayor and City Council to rent and collect the rents from 
 the stalls and stands in and around said market, and to do all things neces- 
 sary for holding market thereat, and to exercise absolute control thereof 
 under such regulations as are established for the government of other 
 markets in the city of Baltimore not inapplicable to said Canton market, as 
 prescribed by ordinance, for the term of five years, subject, however, to 
 such sales or leases of stalls as may have been made by said Mayor and 
 City Council, or the agent thereof; provided, that said Canton Company of 
 Baltimore shall thoroughly repair said market, and maintain it in good 
 order during the said term of five years. 
 
Markets. 653 
 
 Article XXXV. — Ordinances. 
 
 passage of the footways ; and provided, also, that nothing in Proviso, 
 this ordinance contained shall be construed to authorize the Footways, 
 placing of stalls, stands or benches on any footway. 
 
 70. The dividing line in the market, on Fish market space, no. 13, Api. 11, 
 shall be run at rigiit angles from the kerbstone to the kerb Market on osh 
 stone striking the centre of tlie open space l)ctween stalls num- '^' * ''''"^^' 
 bered 17 and 18, and those numbered 19 and 20. 
 
 71. Tlie whole of the market house on Fisli market space iwd, 11.9. 
 is declared a market exclusivel}' for the sale of all varieties of '73. 
 fresh fish, whether scaled or not, and all that part of street presh Ash. 
 space on north and south side of said market, to be for the 
 
 sale of fresh fish ; two stalls west of the dividing line, under 
 
 cover, and all that part of street space west of dividing line last vegetables »nd 
 
 named, to be set apart for vegetables and fruits of various kinds. 
 
 72. All licenses issued by the Comptroller for stalls shall ibia.s. 3. 
 conform, by expression, to the privileges granted in the pre- License to con- 
 ceding section. 
 
 73. The stalls in the market liouse, on Fish market space, ibid, s. 4. 
 cast of the dividing line, shall be kept cleared of all boxes or Boxes removed, 
 (uimbrous articles, and the clerk is directed to rent no stall or 
 
 stalls, to any person or persons, unless they intend to occupy 
 them for the sale of fresh fish. 
 
 74. The several stalls erected on the former site of the No. 17, Api. .% 
 
 '60. 
 
 ofiice of the clerk of Centre market are hereby set apart for stalls in centre 
 
 r» 1 1 f 1 ^ market for sale 
 
 the sale of cheese and salt fish, and the clerk of said market of cheese and 
 
 salted iisb. 
 
 is hereby directed to remove or transfer to the aforesaid new 
 stalls, those persons engaged in vending cheese and salt fish 
 on the several stalls immediately in the rear of the same ; and 
 he is directed to set apart the several rear stalls vacated by 
 such removal to the exclusive purpose of vending cheese and 
 salt fish.* 
 
 * Res. No. 161, May 13, '59, and No. 113, Sept. 24, '59, autliorized the erec- 
 tion of a new market 'house at the Centre market, between Second and 
 
654 Markets. 
 
 Article XXXV. — Ordinances. 
 
 No. 27, s. 15, R. 75. The clerk of the Centre market shall srive bond as pre- 
 
 0. ... 1 
 
 Bond of clerk, scribcd by scction 4, ordinances of this article, in the penalty 
 of fifteen hundred dollars. 
 
 No. 37,s. 7,R. 76. There shall be appointed one assistant clerk for Centre 
 
 Assistant clerk, market. 
 
 Ibid, s. 14. 77. The clerk of the Centre market shall have the street 
 
 Clerk te have on cach sidc of tlic Centre fish market washed on the after- 
 noons of Wednesday and Saturday, during the herring and 
 Penalty. shad scasons of each and every year, under a penalty of ten 
 
 dollars for each and every neglect. 
 
 No. 96, Api. 10. 78. The following annual rem shall be imposed and ro- 
 
 '73; No. 27, s. , . 1 .• X 11 
 
 14, R. o. quired to be paid in quarterly payments m advance tor stalls 
 
 Rent for stalls iu the Ccutrc market, that is to say: in the upper Centre 
 market the butchers' stalls shall be at a rent of twenty dollars, 
 the permanent benches on the east and west sides four dollars, 
 and the eave benches two dollars ; in the middle and lower 
 market houses the butchers' stalls shall be at a rent of sixteen 
 dollars, the permanent benches on the east and west sides to 
 be four dollars, and the eave benches two dollars, in the fish 
 market house, the two middle rows of stalls shall be at a rent 
 of seven dollars; and the two outer rows at a rent of three 
 dollars. 
 
 No. 10. Mar. 15, 79. The locatiou to be allotted to dealers for the sale of 
 
 '73 
 
 Location for clicese, saltcd, curcd and dried fish in the Centre market, is 
 istc. under di-' placcd undcr the supervision and direction of the clerk of 
 
 rection of clerk. '^ 
 
 Lombard streets. Ord. No. 113 authorized the City Commissioner to have 
 the clerk's office removed from the fish market to second story of the new- 
 building, and to lay out as many new stalls as could be placcd on the space 
 occupied by the clerk's office of the Centre market, and to place as many 
 new stalls in the centre of the market as the increase of length would allow. 
 This ordinance further directed the Comptroller to dispose of such new 
 stalls as might be made under this ordinance, in accordance witli the ordi- 
 nances of the city. 
 
Markets, 655 
 
 _^ rf , . 
 
 Article XXXV. — Ordinances. 
 
 Centre market, with the privilege of locating them on any of 
 the eave or permanent stalls in said market, as he may deem 
 best for the interest of the city. 
 
 80. The permission granted by section 20, ordinances of No. J7,s.46, r 
 this article, shall not be construed to allow any meats or other Meats and 
 cooked provisions of any kind whatever to be sold or exposed >"»». 
 
 for sale, on any permanent or eave bench in Centre market, 
 unless such permanent or eave bench be located as prescribed 
 by ordinance. 
 
 81. Swan street, running from the east side of Centre no. 27, s. 64, r. 
 market to the Falls, is hereby appropriated for the purpose of3,'w. ' 
 
 the public sale of horses, mares and geldings, and vehicles to Time and place 
 
 I'll 11 -TTT 1 l » f^ -1 ''"' ""^ ^*'* °' 
 
 which they may be attached, on Wednesday and Saturday horses. &c,, aes- 
 
 of each week, from eleven o'clock in the morning until three 
 
 o'clock in the afternoon ; and it shall not be lawful for any 
 
 person or persons to use said street for the purpose of a horse where horseB, 
 
 market on any day in the week except the days herein named, soid. 
 
 under a penalty of ten dollars for each and every offence ; and 
 
 if any person or persons expose for public sale in any other of 
 
 the streets, lanes or alleys of the city, any horse, mare or 
 
 gelding, he, she or they so offending, shall forfeit and pay a 
 
 sum not exceeding five dollars for each and every offence. 
 
 82. Nothing contained in section 46, ordinances of this no. 27. ?. 36, r. 
 article, shall be so construed as to prevent any person or per- Driving across 
 
 . . ' ' Centre market 
 
 sons ridmg or driving any horse or horses, fixed or not fixed spare at Lom- 
 
 " " •' ' bard or Pratt 
 
 to a wagon or other carriage, across the Centre market space, streets, 
 at the intersection of Lombard street and market space, or 
 Pratt street and market space, which intersection shall be kept 
 open for the said purpose. 
 
 83. The limits within which hucksters or persons living in No. 27, s. 30, r. 
 the city and dealing in the articles of butter, eggs or poultry, whatumits 
 
 Inirksters to 
 
 or either or any of them may dispose of or oner the same lor keep, 
 sale, to be designated by the Mayor shall be follows: south of 
 
656 Markets. 
 
 Article XXXV. — Ordinances. 
 
 a line commencing at Jones' Falls, and running westwardly, 
 bounding on the south side of Fish market space, until it inter" 
 sects the west side of Centre market space. 
 
 INSTITUTE MARKET. 
 
 Res No. 36, 84. The clcrk of the Centre market is hereby authorized 
 
 Wagons outside and dircctod to place the country wagons, and the vehicles 
 ket house. of Other dealers who sell outside the Institute market house, 
 in such manner as to equalize them as near as can possibly 
 be done upon the east and west sides of said market house, 
 and he shall prohibit all wagons from occupying any of 
 the adjacent streets while there is room left for their accom- 
 modation upon the sides of the market houses. 
 
 Res. No. 337, 85. It shall be the duty of the Mayor, with the approba- 
 
 Jimel7,'74; •' "^ , 
 
 No.28, s. i.R. tion of tlie City Council, to appoint a keeper to the market 
 Keeper to mar- housc uudcr the Maryland Institute; who is hereby authorized 
 Maryland insti- and directed to keep open day and night, all the doors of the 
 
 tute. 
 
 His duties. market house under his charge, until otherwise ordered; and 
 any keeper offending against the provisions of this section, shall 
 be fined for each offence a sum not less than one dollar, nor more 
 than five dollars, to be collected as other fines are collected ; and 
 it shall also be tlie duty of said keeper to clean and keep clean 
 the said market house, and the pavements on the outside of 
 said market, with the windows. 
 
 Ibid, 8. a. 86. For all violations of the provisions of section 84, 
 
 Penalty for vio- Or interference with the keeper in the execution of his duty, 
 ionTof^ord^ the penalty shall be the same as is prescribed in this article for 
 the regulation of markets. 
 
 nance. 
 
 No. 28, s. 4, R. 87. It shall be lawful for the managers of the Maryland 
 
 o 
 
 Market doors. Institute to opcn the market house door leading to the entrance 
 of the hall on Second street, whenever they may require it, 
 Proviso. after night ; provided, said managers shall be held responsible 
 
Markets. 657 
 
 Article XXXV. — Ordinances. 
 
 to the Mayor and City Council of Baltimore, for any injury 
 that may be sustained thereby. 
 
 88. It shall be the duty of the clerk of the Centre market ibia, s. 5. 
 and his assistant, and the keeper of the market house under DefacinR, &c., 
 
 ,,-,,-,-. .- Maryland Insti- 
 
 tne Maryland institute, and also of the police omcers, to pre- tut«-' i>ui'Jing- 
 
 vent the defacing, mutilating or injuring the walls of said 
 
 Maryland Institute building in any manner whatever; and 
 
 every person wilfully defacing, mutilating or injuring the walls 
 
 of said Maryland Institute building, shall be subject to a fine Penalty. 
 
 of five dollars for each and every offence. 
 
 CROSS STREET MARKET. 
 
 89. The limits of Cross street market shall include the no. .t, s. 6, b. 
 whole of the lot belonging to the city on which it stands and Mmits. 
 
 so much of the adjacent streets as may be in front of the said 
 lot subject to the provisions regulating footways prescribed in 
 section 69.* 
 
 * Ordinance No. 39, April 14, 1873, recited that, by the erection of the 
 Cross street market hall, several butchers and others having been deprived 
 of their stalls formerly owned and used by them previously to the erection 
 of said hall, and the Mayor and City Council, having made ample provis- 
 ions for the accommodation of the large and increasing population of that 
 portion of the city by erecting a new market house for the accommodation 
 of butchers and others, it was proper to make said market conform to the 
 others in the city, thereby making provisions for a suitable fish market : 
 
 The City Comptroller was then authorized and directed to proAnde an 
 equal number of butchers' and other stalls in the new market house on 
 Cross street, for the accommodation of butchers and others owning and 
 occupying stalls under the Cross street hall, or any that might have previ- 
 ously owned or held stalls therein prior to the erection of said hall, to 
 hold such stall or stalls in the new market house as might be assigned them 
 by the City Comptroller, free of any extra charge. And by section 2 of said 
 ordinance it was provided that the owner or owners of stalls held by him or 
 them under the Cross street hall, should, as soon as the Comptroller had 
 complied with the first section of this ordinance, surrender and deliver to 
 the said CJomptroller, for the use of the Mayor and City Council, such stall 
 or stalls owned or occupied by him or them under said hall in lieu of such 
 stall or stalls as the Comptroller might designate for them respectively 
 
658 Markets. 
 
 Article XXXV. — Ordinauces. 
 
 No. 18, Feb. 28, 90. It sliall be the duty of the clerk of Cross street market, 
 
 '71. •' ' 
 
 Additional in addition to the duties hereinbefore prescribed for clerks of 
 
 duties of clerk. 
 
 markets generally, to take full charge of the hall over the mar- 
 ket, to keep the hall in a cleanly condition, and to light it up 
 when necessary. 
 
 No.27,s. 15, R. 91. The clerk of the Cross street market shall give bond 
 
 o. ... 
 
 Bond. as prescribed by section 4, ordinance of this article, in the 
 
 penalty of five hundred dollars. 
 
 No. 27, s. 19, R. 92. In the Cross street market, the butchers' stalls shall be 
 stalls. at a rent of five dollars. 
 
 FELL'S POINT MARKET. 
 
 No. 27, s. 4, R. 93. The limits of the Fell's Point market shall be as fol- 
 Limits of Fell's lows : beginning for the same at the intersection of Thames 
 street and Broadway, and running northwardly on a line with 
 the houses on the east and west side of the market to Canton ave- 
 nue, subject to the provisions regarding footways, in section 69. 
 
 No. 97, Oct. 16, 94r. Thc clcrk of Fell's Point market is directed and em- 
 staiis to be oc- powcrcd to allow the owners, proprietors or occupiers of the 
 dayo^fthr'^ several stalls or stands occupying the space between the two 
 market houses, and formed by the intersection of Lancaster 
 street with Broadway at the Fell's Point market, to occupy, 
 use and sell from the same, on every day of the week, except 
 Sunday. 
 
 Week. 
 
 in the new market. And the City Comptroller was authorized to sell such 
 stall or stalls under said hall to the best advantage, under the law regulating 
 the sale of stalls in the different markets ; the new market to be designated 
 and known as the Cross street fish market. 
 
 The new market house was erected under Ordinance No. 54, July 23, 
 1869 ; Resolutions Nos. 107, March 28, 1872, May 27, 1872, and 356, October 
 26, 1872. 
 
 No 33, April 7, '64, authorized the erection of a new market house, and 
 an office for the accommodation of the clerk, on Cross street market space, 
 fronting on Light street, and directed the Comptroller to dispose of the stalls 
 in the new market, in accordance with existing ordinances. 
 
Markets. 659 
 
 Article XXXV. — Ordinances. 
 
 95. The better to promote the convenience of the comniu- No. 97, oct. le, 
 nitj, the clerk of said tnarket is further authorized and em- Regulations. 
 powered to establish such regulations for the proper arrange- 
 ment of the stalls or stands occupying said market, as may in 
 
 his judgment seem best. 
 
 96. The clerk of the Fell's Point market shall give bond no 27,8. 15, r. 
 
 . o. 
 
 as prescribed by section 4, ordinances of this article, in the Bond of cierk. 
 
 penalty of one thousand dollars. 
 
 97. In the Fell's Point market houses, the butchers' stalls no. 27,8. 19. r. 
 
 o. 
 
 shall be at a rent of twenty dollars; the permanent single Rent of stalls 
 benches, three dollars ; and the single eave benches, two dollars; 
 the double benches shall be at a rent of six dollars for per- 
 manent benches, and four dollars for eave benches; in the fish 
 market house, the stalls shall be at a rent of four dollars. 
 
 HANOVER MARKET. 
 
 98. The Hanover market shall include the market house, no. 27, 8.3, r. 
 with the grounds in the centre thereof, the alleys to the north- Limits of Han- 
 ward and westward thereof, and also the whole width of 
 Hanover street, from Conway street to Lombard street, 
 
 and also the whole width of Camden street, from Charles 
 street to Howard street, and also the whole width of Sharp 
 street, from Conway street to Pratt street, and the whole 
 width of Dover street, from Hanover street to Sharp street, 
 subject to the provisions regarding footways, prescribed in 
 section 69.* 
 
 99. The clerk of the Hanover market shall give bond as no. 27, s. 15, r. 
 prescribed by section 4, ordinances, of this article, in the Boni of cierk. 
 penalty of one thousand dollars. 
 
 *As to the re-building and improvement of the Hanover market by- 
 means of a lottery in 1838, see 1838, c. 323, and 1839, c. 52, and Lucas et al. 
 V. Lottery Commissioners, 11 G. & J. 515. 
 
660 Markets. 
 
 Article XXXV. — Ordinances. 
 
 No. 27,8. 19, R. 100. In the Hanover market house, the butchers' stalls 
 Rent of stalls shall be at a rent of eighteen dollars; the permanent benches, 
 
 and benches. " ' 
 
 three dollars ; and the eave benches two dollars ; in the nsh 
 market, the stalls shall be at a rent of four dollars. 
 
 No. 27, s. 30, R. 101. The limits within which hucksters or persons living 
 What limits in the city and dealing in the articles of butter, eggs or poul- 
 
 huckstersto i . . ,? 
 
 keep. try, or either or any ot them, may dispose ot or oner the same 
 
 for sale, to be designated by the Mayor, siiall be at the Hanover 
 market, out of Hanover street and that part of the market 
 house fronting thereon. 
 
 HOLLINS STREET MARKET. 
 
 No. 27,8. 6, R. 102. The limits of the HoUins street market, shall in- 
 o. ' , , 
 
 Limits of Hoi- elude the whole of the lot belonging to the city on which it 
 
 lins street o o 
 
 market. stauds, and SO much of the adjacent streets as may be in front 
 
 of the said lot, subject to the provisions regarding footways, 
 prescribed in section 69.* 
 
 No. 27, 8. 15, R. 103. The clerk of the Hollins street market, shall give 
 Bond of clerk, bond as prescribed by scction 4, ordinances of this article, 
 in the penalty of five hundred dollars. 
 
 * For the beginning of Hollins street market, see Res. No. 63, Apl. 16, 1835. 
 Res. No. 3, 1839 ; No. 60, Aug. 27, '63 ; No. 5, Feb. 5, '64, and No. 36, Apl. 11, 
 '64, provided for the erection of an additional market house at the Hollins 
 street market. The first and last named ordinances authorized the Comp- 
 troller to rent the public hall in the upper story, and to sell, in perpetuity, 
 all the permanent and movable stalls in the market house at public sale, to 
 the highest bidder; provided, he might, in his discretion, withdraw any stall 
 or stalls should the bid be less than what lie deemed the value of the same ; 
 the rent of the said stalls to be regulated and fixed by him, at such prices as 
 in his judgment best promote the interests of the city and the prosperity of 
 the market. This ordinance further provided that the said market house 
 shall, in all respects, be governed by the ordinances of the Mayor and City 
 Council in relation to markets. 
 
 No. 80, June 9, '64, provided for the erection of an extra story and end gal- 
 lery to above. 
 
 By resolution No. 203, June 29, 1877, the Hollins street market building 
 was extended from its west gable end to the east gable end of Hollins mar- 
 ket hall building. 
 
Makkets. 661 
 
 Article XXXV. — Ordinances. 
 
 104. In the Hollins street market, the butchers' stalls no. 27, s. 19, r. 
 
 o. 
 shall be at a rent of ei^ht dollars. ' stalls. 
 
 LAFAYETTE MARKET. 
 
 105. The clerk of Lafayette market, before entering upon no 5, May is, 
 his duties, shall execute a bond to the corporation, with such Bond of cierk. 
 .security as the Mayor may approve, in the penal sum of one 
 tliousand dollars, and with the conditions therein, as pre- 
 scribed by section 4, ordinances of this article. 
 
 lOB. The clerk of said market, shall have full power and iwd.s.a. 
 authority to take possession, care and charge of the market, powers and 
 and shall attend, during his term of office, unless prevented ^ 
 
 by sickness or other unavoidable accident or necessity, the 
 market to which he is appointed during the market hours 
 prescribed in section 57, ordinances of this article, and at 
 sucli other hours as may be necessary, in order to enforce 
 obedience to all and every rule directed to be observed con- 
 cerning markets. 
 
 107. All the ordinances and regulations passed with re- iwd, 8.4. 
 ference to the several markets of the city are hereby enacted Market ordi- 
 
 T • 1 • n i ' ^• "•""C and 
 
 to apply to the Lafayette market, the same as 11 this ordi- regulations, 
 nance was passed at the same time with the general ordinan- 
 ces, and the clerk of the aforesaid market is hereby directed 
 to consult the said general ordinances, with reference to his 
 duties.* 
 
 * Lafayette market house was erected under resolutions No. 101, April 
 9, 1870; 179, June 22, 1870, and 49, March 16, 1871. Resolution No. 
 280, May 15, 1873, provided for erection of building for keeper of the mar- 
 ket house. The lot on which the market house is erected was purchased 
 under resolution No. 79, March 15, 1870. This lot of ground is bounded on 
 the east, north and west by Pennsylvania avenue, Patterson avenue and 
 Fremont street. 
 
G62 
 
 Markets. 
 
 Article XXXV.— Ordinances. 
 
 LEXINGTON MARKET. 
 
 No. 27, s. 2. R. 108. The limits of the Lexington market shall be as fol- 
 
 0. ... 
 
 Limits of Lex- lows I beflfinninsT with the kerb stone on the east side of 
 
 ington market. . 
 
 Eutaw street, and running westwardly the whole width of 
 Lexington m rket space, to the west side of Pearl street, and 
 on Lexington street from the east side of Eutaw street, and 
 the west side of Pearl street east to Howard street, and west 
 to Pine street, and all streets crossing or intersecting said 
 space south to Fayette street and north to Saratoga street, 
 subject to the provisions regarding footways, prescribed by 
 
 Proviso. section 69, hereinbefore; provided, however, that nothing 
 
 herein contained shall give the right to any person or per- 
 sons to place any wagon, cart, or other carriage upon Paca, 
 Eutaw, Green or Pearl streets on market days, except the 
 same shall be placed on a line in the centre of said streets ; 
 and if any person or persons shall violate the provisions of 
 
 Wagons, &c. this scctiou, by placing any wagon, cart, or other carriage, 
 (so as to prevent the access of any other wagon, cart, or 
 other carriage,) to the kerb stone opposite any building, 
 without the consent of the owner or occupier of such build- 
 
 Penaity. ing, such pcrsou or persons so offending, shall forfeit and 
 
 pay a fine of five dollars * 
 
 No.27, B. 19, K. 
 
 o. 
 
 109. The clerk of the Lexington market shall give bond 
 Bond of clerk, as prescribed by section 4, ordinances, of this article, in the 
 penalty of fifteen hundred dollars. 
 
 * Under resolution No. 198, June 37, 1870, the City Commissioner was 
 authorized and directed to have erected a new market house, on the site of 
 the old one, standing on Lexington street (known as Lexington market,) 
 between Eutaw and Paca streets ; the plan of said building to be the same 
 as the one adopted for the Lafayette market, drawings of which liad been 
 submitted to the City Council by said commissioner ; the work was contin- 
 ued by resolutions No. 78, March 31, 1871 ; 81, April 7, 1871 ; May 11, 1871. 
 Ventilators were supplied under resolution No. 249, May 1, 1875. 
 
Markets. 668' 
 
 Article XXXV. — Ordinances. 
 
 110. There shall be appointed one assistant clerk for No. 27, s 7, r. 
 
 Lexington market. Assistant clerk. 
 
 111. In Lexington market house, the butchers' stalls shall No. 27, s. 19, r. 
 bo at a rent of twenty dollars; the permanent benches, four Bent of staiis 
 
 jn ji 111 "ini 1 ""'^ benches. 
 
 dollars; and the eave benches, two dollars; in the nsh market, 
 the two middle rows of stalls shall be at a rent of four dol- 
 lars ; and the two outer rows at two dollars. 
 
 112. The limits within which hucksters or persons living no. 27, s. ao.B, 
 in the citj and dealing in the articles of butter, eggs or poultry, what limits 
 or either or any of them, may dispose of or offer the same for keep. 
 
 sale, to be designated by the Mayor, shall be at the Lexington 
 market, west of the west side of Paca street; and the permis- 
 sion granted by section 20, ordinances of this article, shall not N0.27, s. 46, r. 
 be construed to allow any meats or other cooked provisions of Meats and 
 
 , , , , 111 1 /» 1 cooked provis- 
 
 any kind whatever, to be sold or exposed tor sale on any per- ions, 
 inanent or eave bench in the Lexington market, unless such 
 permanent or eave bench be located as prescribed by ordinance. 
 
 PROVISIONS APPLICABLE TO BEL-AIR, CENTRE, FELL'S 
 POINT, HANOVER AND LEXINGTON MARKETS. 
 
 113. Two rows of bricks, on edge, along the entire line of no. 27, s. 38, r. 
 the inside of Centre, Lexington, Hanover, Fell's Point and Limits for 
 Belair market houses, at the distance of six feet from the beyond which 
 
 impediments 
 
 inner side of the stands occupied by the butchers, shall be not to be 
 
 1: -J ■" placed. 
 
 designated as a line beyond which no person shall be allowed 
 to place any impediment, under a penalty of ten dollars for 
 each offence. 
 
 114. Two rows of bricks, on edge, along the entire line of ibid.s.sa. 
 the sheds attached to the Centre, Lexington, Fell's Point, Limits for 
 Belair and Hanover market houses, at the distance of two • 
 feet from the benches, so as to form an avenue in the centre, 
 between the inner and outer benches, for the accommodation 
 
 of persons visiting the several markets, shall be designated 
 
664 Markets. 
 
 Article XXXV. — Ordinances. 
 
 as a line beyond which no person shall place any impediraent, 
 under a penalty of two dollars for each offence. 
 
 No. 27, 8.32, R. 115, ]s^o dcaler in cheese, or in salted, cured or dried fish, 
 Dealers in shall OCCUPY any Stand or stands in the Lexinsfton, Hanover 
 
 cheese, <fec., to vjj d ' 
 
 paiw ma?-" ^^ Fcll's Point markcts, other than such as shall be designated 
 ^®'^" for such use by the clerks of said several markets, with the 
 
 approbation of the Mayor, which stand or stands so designated 
 by the said clerks, shall be confined to the following limits; 
 that is to say — in the Lexington market, to the north side of 
 the market house, and west of Paca street ; in the Hanover 
 market, within the interior space on either side of the fish 
 market ; and in the Fell's Point market, to the eavc stalls or 
 permanent benches in the lower part of the southern market 
 house. 
 
 RICHMOND MARKET. 
 
 o. 
 
 No. 27, s. B, R. 116, The limits of the Richmond market shall include the 
 whole of the lot belonging to the city on which it stands, and 
 so much of the adjacent streets as may be in front of the said 
 lot, snbject to the provisions regarding footways prescribed by 
 section 69, hereinbefore.* 
 
 * The Richmond market was established under the acts of 1833, c. 35, and 
 1852, c. 30. By the act of 1853, c. 360, the Mayor and City Council were 
 authorized to condemn and acquire property in the vicinity of the Richmond 
 market, for the purposes of the extension of the said market. 
 
 By Res. 158, May 4, '68, the law officers of the city were instructed to 
 take the steps necessary for the condemnation of all that ground described 
 as follows: the northern line of said property or ground, being the south 
 side of the Richmond market space, from Howard to Garden streets, and 
 running southerly with a rectangular depth one hundred and nii>ety-five 
 feet— the said ground to be used for the purpose of extending the Richmond 
 market. And by Ord. No. 78, Oct. 20, '68, the City Solicitor was authorized 
 to institute and carry on to completion all necessary proceedings for the 
 condemnation, for the purpose above expressed, of a lot of ground bounded 
 as follows : on the north by the southernmost side of Richmond market 
 space ; on the east by Howard street ; on the west by Garden street, and on 
 the south by a straight line drawn from a point on the east side of Garden 
 street, distant one hundred and eighty -eight feet and nine inches southerly 
 
Markets. 665 
 
 Article XXXV. — Ordinances. 
 
 117. Tlie clerk of the Riclimoml market sliall ij;ive bond us no. 27, s. 15, r. 
 
 o 
 
 prescribed by section 4, ordinances of this article, in the pen- Bond of clerk, 
 alty of five hundred dollars. 
 
 118. In the Richmond market the butchers' stalls shall be No. 27, s. 19, r. 
 
 o. 
 at a rent of ten dollars. staUs. 
 
 from the southermost side of Richmond market space to a point on the west 
 side of Howard street, distant one hundred and ninety-eight feet and three 
 inches southerly from tho southernmost side of Richmond market space. 
 
 Under resolution No. 201, June 27, 1870, the City Commissioner was au- 
 thorized and directed to have erected a market house on the lot purchased 
 by the city for the extension of Richmond market, on the plan marked 
 number three, as submitted, witli the exception that instead of double mar- 
 kets running parallel on Garden street and Howard street, respectively, that 
 a single market house be erected on said plan, on either Garden or Howard 
 street, as the City Commissioner might elect, with open space on the other 
 side; the section of roof and elevation to be the same as indicated by plan 
 D submitted. 
 
 Under No. 235, October 25, 1870, the City Commissioner was authorized 
 and directed to change the plans for the erection of the new Richmond street 
 market house, so as to include tlic construction of a hall upon the lot pur- 
 chased for an additional market house, to be used as an Armory for the Filth 
 Regiment, Maryland National Guard. 
 
 Under No. 305, October 14, 1872, the City Comptroller was authorized to 
 lease the hall and rooms over the Richmond market house to the proper 
 officers of the Fifth Regiment, M. N. G., for a period of five years, (all im- 
 provements, permanent fixtures and heating apparatus to be the property of 
 the city of Baltimore,) free of rent, but under an agreement stipulating that 
 said regiment shall always consist of three hundred active members, and that 
 the regiment shall at its own expense suppl.y the necessary heating apparatus, 
 gas fixtures, gas, and keep said liall and rooms in thorough repair; the said 
 gas fixtures and heating apparatus to be introduced into said building 
 under the supervision of the Inspector of Buildings; and in the event 
 of the said regiment disbanding, then the said gas fixtures and heating 
 apparatus to remain in said building, without cost to the city. The lease 
 was extended another five years after expiration of above, by Resolution No. 
 233, Oct. 23, 1877. 
 
 Under resolution No. 448, November 6, 1873, the Inspector of Public 
 Buildings tore down and erected a new market house on the site of the old 
 Richmond market house, bounded by Richmond, Garden, Howard and Bid- 
 die streets, the plan of construction conforming with the designs accompanj'-- 
 iug the resolution. 
 
666 
 
 Markets. 
 
 Article XXXV. — Ordinances. 
 
 No. 27, s. 21, R. 119. Whenever the purchaser of any butcher's stall in the 
 Rent of unoccu- Richmond market shall not occupy tiie same, the clerk of the 
 
 l»ied stalls. _ ' -^ ' 
 
 market-shall have the right of renting such stall to any person 
 
 who may apply for its use. 
 
 SALES OF STALLS IN BEL-AIR, CANTON, CENTRE, CROSS 
 STREET, FELL'S POINT, HANOVER, LAFAYETTE, LEX- 
 INGTON AND RICHMOND MARKETS. 
 
 No. 45, June 5, 120. The salcs of market stalls, heretofore made by the 
 '77. , , ' f 
 
 Sales of market Comptroller of the City of Baltimore, Register of the City, or 
 
 stalls ratified i rr' 
 
 and confinned. any otlicr oflScer Or agent of the city, in the following markets, 
 or in any extensions or improvements of said markets, to wit : 
 Centre market, Lexington market, Fell's Point market, Bel 
 Air market, Hollins market, Hanover market, Richmond mar- 
 ket, Lafayette market, Cross Street market and Canton market, 
 are hereby fully ratified and confirmed, with the intent to vest 
 in the purchasers of the said stalls, or their legal representa- 
 tives or assigns, as good and sufficient title, upon the payment 
 of the purchase money for said stalls, and upon compliance 
 with the ordinances of the city regulating markets and prescrib- 
 ing the terms and tenure upon which market stalls are held, 
 as if the said sales had in the first instance been made in 
 pursuance of an authority vested in the said Comptroller, Reg- 
 ister or other officer or agent of the city by an ordinance of 
 the Mayor and City Council of Baltimore duly passed for the 
 purpose ; provided, that nothing herein shall be construed as 
 ratifying or confirming any statement or promise or agreement 
 of said officers or agents, or either of them, made in connec- 
 tion with said sales, for which an express authority cannot be 
 shewn in the charter or the ordinances and resolutions of the 
 Mayor and City Council of Baltimore. 
 
 Proviso. 
 
 Promises and 
 agreements. 
 
MOBTGAOEB. 
 
 66T 
 
 Article XXXVI.— Statutes. 
 
 ARTICLE XXXVI. 
 
 MORTGAGES. 
 
 STATUTES. 
 
 1. Consent to decree: when con- 
 veyances recorded, decree may 
 be passed : trustee to be ap- 
 pointed: bond. 
 
 3. Trustee may sell on forfeiture: 
 mortgagee to file statement of 
 claim under oath. 
 
 3. Affidavit, before whom made. 
 
 4. Sale, when confirmed, to have 
 
 same efi'ect as sales under de- 
 crees on bills. 
 
 5. Trustee to report sale. 
 
 6. Allegations and proofs may be 
 
 made and taken. 
 
 7. Court may set aside s»le : when 
 
 set aside mortgaged premises 
 not to pay costs: costs, by 
 whom payable. 
 
 8. Clerk to record deed : to docket 
 
 case : file and record mortgage. 
 
 10. 
 
 11. 
 13. 
 
 13. 
 
 14, 
 
 Entry on docket to operate as 
 assignment: to have prece- 
 dence in the order made : not 
 to be made but on order writ- 
 ten and acknowledged. 
 
 Entry of satisfaction to operate 
 as discharge and conveyance : 
 not to be made but on order 
 written and acknowledged : 
 orders to be recorded with de- 
 crees. 
 
 Court may appoint new trustee. 
 
 Mortgagee with power to sell, 
 may proceed under general 
 law: notice. 
 
 Proceedings where default of 
 mortgagors has taken place 
 before mortgages have been 
 submitted to court : statement 
 under oath. 
 
 What sections applicable. 
 
 STATUTES 
 
 1. In all cases of conveyances of lands or hereditaments, or p. l. l., art. 4, 
 of chattels real situate in the said city, wherein the mortgagor consent to de- 
 shall declare his assent to the passing of a decree for the sale 
 of the mortgaged premises, it shall be lawful for the mort- whenconvey- 
 
 ^ ' ances recorded 
 
 gagees or their assigns, at any time after filing the same to be n^"4,^™*^^° 
 recorded, to submit to the Circuit Court of Baltimore City the 
 
6G8 Mortgages. 
 
 Article XXXVI.— Statutes. 
 
 said conveyances or copies under seal of said court thereof, 
 and the said court 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 mort- 
 gages, or limited for a default of the mortgagors, and on such 
 terms of sale as to the said court shall seem proper ; and shall 
 appoint by said decree, a trustee or trustees for making such 
 Bond. sale, and shall require bond and security for the performance 
 
 of the trust, as is usual in cases of sales of mortgaged premises. 
 
 Ibid, sec. 783. 2. Tiic trustcc or trustccs so appointed, after giving bond 
 Trustee may with sccurity, may, after the arrival of the period limited by 
 
 sell on forfeit- ' ' c • ^ ^ 
 
 ure. the decree tor a sale, sell, agreeably to the terms or said de- 
 
 cree, the mortgaged property or any part thereof; the raort- 
 MortKaBee to gagccs, tlicir cxccutors or administrators or assigns, if the 
 
 file stateinoiit , , i n i i . i i c i i 
 
 of claim under mortgage claim shall have been assigned betore such sale, 
 and after tlie arrival of the period aforesaid, verifying by their 
 oath, as provided in the succeeding section, a statement of the 
 amount of such mortgage claims remaining due, and filing 
 such statement in said court. 
 
 1861,0.76. 3. The affidavit required by the preceding section may be 
 
 Affidavit before made bcforc the judge of the said court, or before any justice 
 
 whom made. ,. i ^ • i i 
 
 ot the peace tor the county or city where the mortgagees, 
 their executors, administrators or. assigns may be at the time 
 of the making of said affidavit, if within this State ; the 
 official character of the justice being certified by the clerk of 
 the Circuit or Superior Court of such county or city, under 
 his official seal, and if without this State before any person 
 authorized by the laws of Maryland, to take the acknowledg- 
 ment of deeds acknowledged without this State. 
 
 p. L. L., art. 4, 4. Such salcs and the conveyances thereupon shall have the 
 
 sec. 784. 
 
 Sale, when con- samc cffcct, if finally ratified by said court, as if the same had 
 
 firmed, to have i i i i i . . , 
 
 same effect as bccu made undcr decrees between the proper parties in rela- 
 
 sales under de- * 
 
 crees on bills, ^jq^j ^q tjjg mortgagcs, and in the usual course of said court. 
 
Mortgages. 669 
 
 Article XXXVI.— Statutes. 
 
 5. The trustee or trustees shall report the sales to the court iwd.sGc. 785. 
 for its consideration and ratification, or rejection, and such Trustee to re 
 orders shall pass therein touching such ratification, as are 
 usual on sales of mortgaged property in said court. 
 
 G. Any allegations may be made, and proof under the ibid, sec. 786. 
 orders of the said court exhibited, and a trial of the allega- Aiiepation-sand 
 
 ,. ij .1 111 .1 I 1 1 1 proofs may be 
 
 tions had as the court shall prescribe, to show tliat the sales matie anu taken, 
 ought not to have been made. 
 
 7. The said court, upon being satisfied of the truth of said ibi.i,sec. 78/. 
 allegations, shall reject and set aside the sale, and in such coun may set 
 case no part of the costs or expenses or trustee's commission, 
 
 if any such commission be claimable, in relation to the said when set aside 
 sales, shall be chargeable upon said property, or the mort- misc-snottopay 
 gagors, their heirs, executors, administrators, or assigns; but 
 shall be wholly chargeable against the persons at whose in- costs, by whom 
 stance or for whose benefit the said sales shall have been pro- 
 posed to be made. 
 
 8. The clerk of said court shall file and record the said de- iwd, sec. 788. 
 crees, and docket the cases of the application therefor, and in cieik to record 
 
 deciee, to dock- 
 
 the said decree, and to be recorded therewith, shall file a copy et case, to me 
 
 ^ i J and record 
 
 of the mortgage upon which the same was rendered ; and "'""K^e^- 
 shall be entitled to the usual fees for such services. 
 
 9. Any entry on the docket of said court, by the person ibid, sec 78y. 
 entitled to assign the said mortgage claim of the use and bene- Entry on dock- 
 
 r; ... J J 1111 1 /Y» • e\. \.a opi-rate as 
 
 nt 01 said decrees, shall liave the same enect as assignments assignment. 
 
 and conveyances of the said mortgage interests, to have effect To have prece- 
 dence in the or- 
 and precedence from the time of their respective entries; and <iermade. 
 
 the said entries shall not be made without an order, or direc- Not to be made 
 
 1111. i-i />.i *'"' "" "'■'i^'" 
 tion in writing, to be acknowledged before the luda-e of said written and ac 
 
 , \ ^ . knowledged. 
 
 court, or a justice of the peace, by the persons purporting to 
 sign the same, and filed and recorded by said clerk. 
 
 10. The duly authorized entries upon the docket of said ibid, sec. 790. 
 court of the satisfaction of said decrees, and the discharge of 
 
670 MoETOAGES. 
 
 Article XXXVI.— Statutes. 
 
 Entry of satis- Said mortgage claims, made by the persons entitled to receive 
 
 faction to oper- . 
 
 ate as disch .rge said claims, sliall liave the same efi'ect to discharge the mort- 
 
 anu conveyance. ' '=' 
 
 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 
 Not to be made entries shall not be made without an order or direction in 
 
 but on order 
 
 written and ac- writing, acknowlcdgcd by the person or persons purporting to 
 have signed the same, before the judge of said court, or a jus- 
 tice of the peace, and filed by the clerk of said court ; and the 
 
 Orders to be re- rctums shall refer to such orders or directions, and the names 
 
 corded with de- _ j j • 
 
 crees. of the pcrsou or persons aforesaid, and said order and direc- 
 
 tions shall be recorded in said court with said decrees. 
 
 Ibid, sec. 791. 11. The Said couit may at discretion from time to time 
 Court may ap- appoint any other trustee or trustees in place of those appointed 
 
 point new trus- 
 tee, by the decree ; and the proceeds of such sales shall be accoun- 
 ted for and to, and distributed by, said court, in the manner 
 usual in cases of sales under decrees of said court. 
 
 Ibid, sec. 792, 12. Any mortgagee of property in the city of Baltimore, 
 Mortgagee with liis assigucc, or cxccutor, whcrc a power to sell is contained 
 
 power to sell . i i i . 
 
 mav proceed in the mortgage, may proceed under the general law relating 
 '''w. to mortgages, but notices of sale under such power shall be 
 
 Notice. published in two daily newspapers in said city, for the period 
 
 required by law, 
 
 1864, c. 124, s.i. 13. Where a default of the mortgagors has taken place 
 Proceedings beforc tlic Said convcyanccs have been submitted to the Cir- 
 
 where default 
 
 of mortgaKors cuit Court of Baltimore City, it shall nevertheless be the duty 
 
 has tal£en place •' ' *' 
 
 gel°hav™*beln' ^^ ^^^^ court, upon tlic submissiou of the said conveyances to 
 submitted to gygj^ 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 de- 
 cree a trustee or trustees, to make such sale requiring bond 
 and security for the performance of the trust, as is usual in 
 
MOETGAGES. 671 
 
 Article XXXVI.— Statutes. 
 
 the case of the sale of mort;j;aged premises; and the &aid trus- 
 tee or trustees may sell the same agreeably to the terms of the 
 said decree; but before each sale the mortgagee or mortgagees, 
 or some of the mortagees, or the executor or administrator 
 of a deceased mortgagee, or the assignee or assignees of the 
 mortgage, or one of such assignees, or the executor or admin- 
 istrator of a deceased assignee, shall file in the court in which 
 the said proceedings are pending, a statement of the amount of sutement under 
 the said mortgage claim remaining due, verifying the same by 
 the oath or aflBrmation of the party filing the same ; and the 
 said affidavit or affirmation may be made before any of the per- 
 sons mentioned in section three of this article, and the same 
 shall be authenticated as provided for in section three hereof. 
 
 14. The provisions of sections four to eleven, inclusive, of iwd, s. a. 
 this article, shall apply to all the proceedings under the pre what sections 
 
 ,. . ^^ "^ ^ ° ^ applicable to 
 
 Cedmg section. these proceed- 
 
 ings. 
 
 Decisions on Mortgage Law op Baltimoue City.— This article is 
 composed of the Acts of Assembly of 1833, c. 181 ; 1836, c. 249 ; 1839, c. 9 ; 
 1853, c. 148, s. 9 ; 1852, c. 198 ; 1861, c. 76, and 1864, c. 124. The decisions 
 are as follows : 
 
 The agreement for a decree in a mortgage executed under the mortgage 
 law relating to Baltimore city is to be regarded only as a consent to dis- 
 pense with the intermediate proceedings of subpoena and answer, in order to 
 facilitate a decree, and not that the decree shall be binding at all hazards. 
 Williams v. Williams, 7 Gill, 302. 
 
 The court is only restricted in fixing a time for the sale to " one of the 
 periods limited " in the mortgage for the forfeiture thereof, and it may pre- 
 scribe such terms of sale as shall seem proper ; it may direct the property to 
 be sold for cash. Ing v. CromioeU, 4 Md. 31. 
 
 The mortgage itself fixes the time for the payment of the money, and the 
 mortgagor cannot complain that further notice was not given to him. Ing 
 V. Cromwell, 4 Md. 31. 
 
 A mortgage was executed to the mortgagee in trust for the benefit of the 
 payees of certain promissory notes secured by it ; he, upon default to make 
 sale and apply the proceeds to the payment of the debt and interest. Held, 
 that the mortgagee was the proper party to make the statement and afii- 
 davit, and that the payees in the notes, the cestuis que trust in the mortgage, 
 need not be made parties to the proceedings under the law. The affidavit 
 and statement of the amount due on the mortgage need not be made before 
 
672 Mortgages. 
 
 Article XXXVI.— Statutes. 
 
 the decroG, but only before the sale. Hays v. Dorsey, 5 Md. 99 ; Brooks, 
 trustee v. Hays, 24 Md. 507. 
 
 The proceedings, so ftir as the obtention of the decree is concerned, are ex 
 parte. Want of notice to the mortgagor or to a party claiming iinder him, 
 of the application for a decree upon a mortgage, is no objection to such 
 decree. The rights of third persons are to be inquired into on the ratifica- 
 tion of the sale, and not before. Eiclielhenjer v. Harrison, 3 Md. Ch. Dec. 39 ; 
 Kaufman v. Walker, 9 Md. 239; Cronise v. Clark, et al., 4 Md. Ch. Dec. 408. 
 
 An objection to a sale, that the affidavit as to the amount due upon the 
 mortgage, was not filed by the mortgagee, or his assignee, before the sale 
 was made, may be taken by the purchaser before the final ratification, and 
 is fatal, even though the affidavit may be filed before the final action of the 
 court upon the sale, and the mortgagor may consent to its ratification, but 
 such an objection is too late after the final ratification has been duly made. 
 The statement of mortgagee's claim on oath is not conclusive, and the 
 amount actually due is open to examination on proof, either before the sale 
 or after the order of ratification nisi. Oatcliell v. Presstman, et al, 5 Md. 161. 
 
 A sworn statement of the amount due filed by the mortgagee, with his 
 petition after the forleiture and before the time of sale, is sufficient. The 
 trustee may give bond at any time before sale, even on the day on which 
 he advertises the sale to take place. Brooks, trustee v. Hays, 24 Md. 507. 
 
 If the sworn statement of the mortgage claim, required by sees. 8 and 18 
 of this article, (Acts of 1861, c. 76, and 1864, c. 124,) is erroneous in not 
 showing the true balance due upon the mortgage, it is open to correction 
 when the account may be stated by the auditor, but furnishes no reason for 
 setting aside the sale. Md. Perm. Land and Build. Society of Balto. v. 
 Smith & Carroll, 41 Md. 516. 
 
 The objection that the terms of the mortgage are usurious can only arise 
 upon the statement of the final account by the auditor, and cannot be urged 
 as an objection to the sale. Ibid. 
 
 A mortgage, to come within the provisions of the mortgage law, must con- 
 tain such assent of the mortgagor to the passing of a decree in conformity to 
 the provisions of the law, as to authorize the court, before default, forthwith 
 to decree a sale of the mortgaged premises. A clause that, " in case of 
 default being made in the premises," it shall be lawful for the mortgagee, 
 his executors, &c., " to procure by a decree of any court of competent juris- 
 diction, a sale" of the mortgaged property, does not bring the mortgage 
 within the special jurisdiction of the mortgage law. Kenly v. Wierman^s 
 ExW, 18 Md. 302. 
 
 Proceedings under this article are contemplated to be ex parte, until after 
 the decree and the sale under the decree, and the propriety of the decree, 
 and the validity of the sale made thereunder are to be inquired into and 
 contested after tlio passage of the order of ratification niM, and before the 
 final order of confirmation is passed. The objection to a decree obtained 
 
Mortgages. 673 
 
 Article XXXVI.— Statutes. 
 
 under and in accordance with the above article and section of the Code, that 
 it was entered after default, is not supported either by the words of the Code 
 or by any decided case. The meaning of these provisions is, that where the 
 decree is entered before default, no sale shall be made till something is due 
 upon the mortgage. Tlie proceeding is authorized to be taken at any time 
 . after the recording of the mortgage, without regard to the time limited 
 therein for a default of the mortgagor. He is protected against a sale until 
 he makes default. Bktck v. Carroll, 24 Md. 351 ; Franz v. Teutonia Build. 
 Amo., Ibid, 2G9 ; Brooks, trustee v. Ilavs, Ibid, 518 ; Seebold v. Lockner and 
 Wife, 29 Md. — . 
 
 The advertisement of a trustee appointed to sell mortgaged property, 
 described the house and lot in the city of Baltimore, oflfered for sale under 
 the decree, as situate on " the soutli side of Lombard street, at the distance 
 of 391 feet or thereabouts from the southwest corner or intersection of Lom- 
 bard and Canal streets, fronting ou Lombard street about 24 feet, and 
 extending back about 100 feet to the midway between Lombard and Granby 
 streets, and is improved liy a good and substantia! three story brick dwell- 
 ing house, with a brick back building." Held, that this was an insufflcieut 
 description of the prf)perty, and, in connection with the fact that it sold for 
 much less than it.s value, will avoid the sale. The advertisement is designed 
 not only to let the public know what property is thus brought into market, 
 but also tf) afford the owner an opportunity to redeem it from sale, or t(3 pre- 
 vent its being sacriliced. Judicial sales will not be set aside for causes that 
 the parties in interest might, with reasonable diligence, liave obviated; every 
 intendment will be made to support them. IJut where the court can see 
 that injustice will be iuUicted by the ratificaticm of a sale, upon a party no. 
 iu default by reason of the carelessness or omission of the trustee, the salg 
 should not be ratilied. In such sales the court acts for all parties, through 
 its officer, the trustee, and all parties look to the court for protection against 
 the consequences of his acts or omissions. Kaufni%n, v. Walker, 9 Md. 229. 
 
 Where a trustee under a decree for foreclosure inadvertently describes one 
 of the lots advertised to be sold as subject to a ground rent of $65, instead of 
 $65.50, the true amount, held, that this furnished no adequate ground for 
 interfering with the sale. A mistake in the year in one of the advertise- 
 ments of sale not calculated to mislead — the advertisement of the same in 
 another newspaper being without exception — is an irregularity which the 
 court may overlook in the*ratification of the sale. Brooks, trustee v. Uays, 
 24 Md. 507. 
 
 Held that where a decree for the sale of mortgaged property had been 
 passed, and after the trustee had advertised the property for sale, the mort- 
 gagor applied for the benefit of the insolvent laws, and his trustee in insol- 
 vency was appointed and gave bond, the latter, and not the trustee under the 
 decree, was entitled to make the sale. The fact that the trustee in insolvency 
 filed his petition in the mortgage case, denying the right of the trustee under 
 the decree to sell, and asking that the sale might be stopped, on the ground 
 
674 Mortgages. 
 
 Article XXXVI.— Statutes. 
 
 that he alone had the right to sell, is not a submission to the jurisdiction of 
 the court passing the degree, to such an extent as to stop him from success- 
 fully resisting the sale. Zeigler v. King, 9 Md. 330. See 'White v. Malcolm, 
 15 Md. 529. 
 
 On an appeal from a decree under this mortgage law, the Court of Appeals 
 will examine the terms and conditions of the mortgage, and determine 
 whether the decree is in conformity therewith. In proceedings under the 
 mortgage law the court below has no power to pass any decree not in con- 
 formity with the conditions of the mortgage, and embraced in the terms of 
 assent to the decree contained in the mortgage itself. The court below is 
 not authorized to determine judicially by its decree the amount due on the 
 mortgage, and a decree for a sale, "unless a certain sum. is paid," when, on 
 the face of the mortgage, no such sum could be due at the time of the decree, 
 and there was no covenant or engagement in the mortgage to pay any 
 such sum, is erroneous. Robinson v. The Am. Homestead Asso., 10 Md. 397. 
 
 The objection to a decree passed after default that it does not appear by 
 averment of proof that the plaintiff was incorporated as a building associa- 
 tion pursuant to law, cannot be taken advantage of by a defendant who has 
 recognized its existence and right to sue according to the general incorpora- 
 tion law, by executing to it a mortgage. Franz v. Teutonia Build. Asso. 24 
 Md. 359. 
 
 A mortgage was executed and a decree obtained thereon on the equity 
 side of Baltimore County Court. Afterwards a bill was filed in chancery 
 by the creditors of the mortgagor to set the mortgage aside as fraudulent as 
 against them. Held, that the decree in equity was sufflcent to protect the 
 mortgagee against inquiry in this case into the question of fraud in obtain- 
 ing the mortgage. McDonnell et al. v. Goldsmith, 6 Md. 319. 2 Md. Ch. Dec- 
 370. 
 
 The summary proceedings prescribed by the mortgage law of Baltimore 
 city, are not applicable to mortgages of money securities and bank stock. 
 Cronise v. Clark et al., 4 Md. Ch. Dec. 403. 
 
 Upon the final ratification of a sale of mortgaged property, made under 
 a decree, to the passing of which, in pursuance of the law relating to mort- 
 gages in the city of Baltimore, the mortgagor had given his assent, the same 
 legal intendment and construction are to be appligd thereto, as if the same 
 had been made by virtue of an ordinary decree, and it can no more be call- 
 ed in question, in any collateral proceeding, than a sale under any other 
 decree of the court. Morrill and Wife v. Gelston's Lessee, 34 Md. 418. 
 
 Under a mortgage executed in pursuance of the sections of this Article, 
 a decree had been obtained for the sale, and the property advertised for sale, 
 when the mortgagor filed his petition alleging that he was not in default, 
 and praying that the sale might be suspended and the case referred to the 
 auditor to state an account between the parties, &c. After hearing the 
 case on the bill and answer, which denied the statements of the petition, the 
 
MOBTOAGES. 675 
 
 Article XXXVI.— Statutes. 
 
 court passed an order temporarily suspending the sale, and referring the 
 papers to the auditor, &c. It being contended that said court could not pass 
 such an order, inasmuch as the proceedings under the above mentioned sec- 
 tions were ex parte, until the sale be made and reported, and that objections 
 to the sale could not be entertained until then, in view of the provisions of 
 sections 6 and 7 of this article and the previous decisions of the Court of Ap- 
 peals. Held that while section 6 prescribes that allegations may be made 
 against sales which take place after such sales are reported, and section 
 7 provides for the action to be taken thereupon by the court, yet in none 
 of the sections of this article, is there any prohibitions against the mort- 
 gagor's taking proceeding to stop the sale, or against the court's granting an 
 order suspending the sale, or even granting an injunction; and that the 
 Court had authority to pass said order suspending the sale and referring 
 the papers to the auditor to state an account. Equitable Mutual Land Imp. 
 Ass'n! v. Becker, 45 Md. 633. 
 
 There were three mortgages, one to A. B. and C. each, on certain leasehold 
 property ; a decree for the sale of the said property was obtained by B., 
 under sees. 782-793 inclusive, of Article 4 Public Local Laws, of sees. 1-13 
 of this Article. A. was appointed trustee to make the sale, and at the sale 
 announced that the property would be sold clear of encumbrances. The 
 sale was made and finally ratified by the court. The auditor stated an 
 account, applying the proceeds of sale to the payment of A's mortgage, and 
 the residue to B's, leaving a balance unpaid. On objections by C, Held, that 
 A., as mortgagee, was no party to the proceedings. As trustee he had no au- 
 thority to sell, except under the decree in B's case, and could only sell sub- 
 ject to his own prior mortgage. He had, therefore, no right to participate in 
 the proceeds of the sale. They should have been applied to the payment 
 of B's mortgage, and the balance to the payment of C's. Hardy v. Smith, 
 et al., 41 Md. 1. 
 
67^ 
 
 Paeks. 
 
 Article XXXVII. 
 
 ARTICLE XXXVII. 
 
 PARKS. 
 
 STATUTES . 
 
 Resolution a ii d ordinance of 
 Mayor and City Council rela- 
 ting to parks confirmed. 
 Powers of park commission: rules 
 and regulations: fines, how 
 recoverable. 
 Speed of vehicles and equestrians 
 on approaches f r o m North 
 avenue. 
 Conservators of the peace- 
 Park commission may make re- 
 quisition for police : powers of 
 police. 
 Condemnation of laud by park 
 commission. 
 
 7. Park commission may enlkrge 
 
 streets, &c., leading to parks. 
 
 STOCK. 
 
 8. Improvement of parks : issue of 
 
 bonds authorized. 
 
 ZOOLOGY. 
 
 9. Park commission to form a zoo- 
 
 logical collection. 
 
 10. Subscriptions : stock : seal. 
 
 11. Tickets. 
 
 12. Charges. 
 
 13. Accounts: report to Mayor and 
 
 City Council. 
 
 14. Employees. 
 
 ORDINANCES 
 
 FATTEKSON PARK AND STOCK. 
 
 1. Superintendent: compensation. 
 
 2. Park commission to purchase or 
 
 condemn land for extension of 
 park: description. 
 
 3. Register to issue bonds of city : 
 
 proceeds to be used for pur- 
 chase of property: proviso: 
 when to go into cfiFect. 
 
 4. Bonds redeemable in twenty years 
 
 5. Investment : sinking fund. 
 
 6. Surplus of revenue of city pas- 
 
 senger railway company to be 
 applied to interest on bonds. 
 
 10. 
 
 11. 
 
 KIVERSIDE PARK. 
 
 Mayor authorized to lease ground 
 for enlargement of Battery 
 Square : rent to be paid semi- 
 annually. 
 
 Name. 
 
 Parcel of land lying within lines 
 of Riverside Park taken for 
 public square. 
 
 Riverside Park in charge of 
 park commission : powers. 
 
 Appropriations. 
 
Parks. 677 
 
 Article XXXVII.— Statutes. 
 
 STATUTES. 
 
 1. The resolution of the Mayor and City Council of Bal- i8C2,c.29. 
 tiraore, appointing a commission in relation to the proposed Resolution and 
 
 ' i ^ O ' i ordinance of 
 
 public parks, approved June the fourth, eighteen hundred and ^„*u'„"/ji'"g'jgtjn 
 sixty, and an ordinance of the said Mayor and Council, to fi° ^ed!' ''°'" 
 provide for a public park or parks, approved July the twen- 
 ty-first, eighteen hundred and sixty,* are hereby confirmed. 
 
 *The act of 1863, c. 29, repealed 1861, c 41, on same subject. The reso- 
 lution and ordinance referred to above, are as follows : (For the provisions of 
 the ordinances and acts of assembly relating to the Tax on the Passenger Re- 
 ceipts of the Kailvpay Companies, see Railroads, Art. XL.) 
 
 The resolution is Res. No. 227, June 4, '60 : it recited that, as one-fifth of 
 the revenue from the Passenger Railway Company w^as to be devoted to the 
 purchase of a park or parks for the city of Baltimore ; and that, a considera- 
 ble portion of "the funds was already in the hands of the Register, and 
 more accruing every day ; and that it was fitting that some action looking 
 to a proper selection of the park or parks, and the purchase of the same 
 should be taken by that Council, therefore, it was resolved that the Mayor 
 be authorized and empowered to appoint four discreet persons, who, with 
 the Mayor, should constitute a commission to select and purchase, in the 
 name of the Mayor and City Council, a site or sites, the number of acres, 
 &c., for the proposed park or parks, said commission to serve without pay 
 or emolument. 
 
 The ordinance is Ord. No. 60, July 21, '60: it enacted that, 
 1. Whenever the commissioners appointed under a resolution of the Mayor 
 and City Council of Baltimore, entitled resolution appointing a commission 
 in relation to the proposed public parks, should certify to the Register, under 
 their respective hands, that they had purchased the site or sites for a park 
 or parks, describing the same in their said certificate, and stating the price 
 agreed to be paid therefor and the terms of sale, it should be the duty of thg 
 said Register to issue and deliver to the said commission, certificates of stock 
 of the Mayor and City Council of Baltimore, in the usual form, redeemable 
 at the end of thirty years from the date thereof, and designated on the face 
 of the certificate as "Public Park Stock," for the amount of said purchase 
 money, and in accordance with the terms of sale ; which certificates of 
 stock should be delivered to the vender or venders of such site or sites, by 
 the said commissioners upon the conveyance to the Mayor and City Council 
 of Baltimore of the property so purchased, and after the Counselor of the 
 City should have certified to the sufficiency of the title or titles thereof; and 
 should the said commission not be able to complete the purchase of said site 
 
678 Paeks. 
 
 Article XXXVII.— Statutes. 
 
 and all acts done or which maybe hereafter done by the said 
 Mayor and City Council, or other officer of said city, or by 
 the Park Commission acting under the provisions of said 
 resolution and ordinance, shall have the same effect as if the 
 
 or sites at one time, so as to be obliged to make several certificates to the 
 Register, the same proceedings as those just mentioned should be had in each 
 and every case. 
 
 3. That the revenue derived and to be derived by the Mayor and City 
 Council of Baltimore from the City Passenger Railways, was thereby pledg- 
 ed and set apart for the payment of the interest on the certificates of stock 
 to be issued under this ordinance. 
 
 3. That one-fifth of the revenue aforesaid, remaining after the payment of 
 the interest aforesaid, should be invested by the Register in the stock of 
 the city of Baltimore, as a sinking fund for the redemption of the stock 
 created by this ordinance. 
 
 4. That the four-fifths of said remaining revenue should be paid by the 
 Register, on the order of the said commission, as the said revenue should be 
 received, for the improvement and maintenance of the pari? or parks afore- 
 said. 
 
 5. That said commission should make annually to the Mayor and City 
 Council of Baltimore, in season to be referred to in the annual message of the 
 Mayor to the Council, a full and detailed report of their proceedings in the 
 execution of the trust reposed in them, showing the character and quantity 
 of work done and the moneys paid therefor, the persons in their employ- 
 ment, their duties and compensation, together with the plan proposed for 
 their operations during the coming year. 
 
 6. That the present commission were authorized to take charge of the said 
 park or parks, and the improvement and maintenance, including the preser- 
 vation thereof; and to that end they were clothed with all power necessary 
 for that purpose, and might appoint and compensate such ofiicer or ofHcers, 
 engineer or engineers, gardener or gardeners, and employ such laborers as 
 they might deem proper and necessary, and with power also to appoint and 
 compensate guardians of the said property for the preservation of order 
 within the limits thereof. 
 
 7. That the Mayor of the City, for the time being, should always be a 
 member of the commission ex-offlcio. 
 
 8. That the said commission should have power and authority to dispose 
 of, by sale or otherwise, any portion of said site or sites originally purchased, 
 which might not be necessary for the purposes of said park or parks, as well 
 as any crop, wood, trees, or other property, that might be severable from 
 the freehold, should it become necessary, in the improvement and mainte- 
 nance of said park or parks, so to do, in their judgment, and to make use of 
 the avails thereof for the use of said park or parks. Ancl the Mayor was 
 
Parks. 679 
 
 Article XXXVII.— Statutes. 
 
 said Mayor and City Council, prior to the passage of the 
 said resolution and ordinance, had been expressly empower- 
 ed by an act of the General Assembly of Maryland, to enact 
 a resolution and ordinance in the precise terms of the said 
 resolution and ordinance, and to provide for carrying the 
 same into effect ; but nothing herein is to aflFect any right 
 whatsoever of the Green Spring Avenue Company.* 
 
 authorized to execute any conveyances, certified by tlie City Counselor, 
 that might be required therefor; provided, however, that the joint expenses 
 of said improvement and maintenance should not exceed in any year the net 
 revenue that might be received under the provisions of this 8th section, 
 together with the said four fifths of remaining revenue, as set apart for this 
 purpose in the 4th section of this ordinance. 
 
 9. That the said commission should have full power to make all agreements 
 with proprietors in regard to division lines and enclosures, the adjusting 
 thereof, and the exchanging of property for that purpose; and in lilce man- 
 ner, the said commission should have full power to agree for the closing of 
 public roads, should any be found to run through said site or sites, or to 
 make such arrangement thereof as should enable them to have entire con- 
 trol of the said park or parks, the exclusion of improper parties, and the 
 general police thereof. 
 
 10. That in addition to the commission, Thomas Swann, then a mem- 
 ber thereof as Mayor of the city ex-offlcio, was appointed a commissioner 
 in his individual capacity. 
 
 11. That nothing herein contained should be taken to authorize the pay- 
 ment of either salary or emolument of any kind to the said commissioners, 
 or any of them. 
 
 12. That should any vacancy occur in said commission from death, resig- 
 nation, or failure to serve, the same should be filled by the said commission 
 itself, and be by them reported to the Council, for and subject to its approval, 
 at the first session thereafter. 
 
 See other ordinances, &c. as to park police, under Police, Art. XXXVIII; 
 as to park stock, under Stocks, Art. XL VI; as to avenues around park, see 
 Streets, Art. XL VII; as to railways into park, under Railroads, Art. XL; as 
 to lakes and reservoirs, under Water, LIII. 
 
 * 1864, c. 141, entitled an Act to amend the Act to incorporate the Green 
 Spring Avenue Company, passed at January session, 1858, c. 216, and the 
 act amendatory thereof, passed at January session, 1860, c. 164, and to 
 carry out the provisions of an agreement made between the said company 
 and the Mayor and City Council of Baltimore, recites that, an agreement 
 has been made between the said Company and the Mayor and City Council 
 
680 
 
 Parks. 
 
 Article XXXVIL— Statutes. 
 
 1862, c. 29. 2. The Park Commission, for the time being, appointed 
 
 Powers of park Under the provisions of said resolution and ordinance, or any 
 resolution or ordinance supplementary thereto, shall have 
 
 commissioners. 
 
 Rules and regu- power, from time to time, to make such rules and regulations 
 
 lations. '• •' " 
 
 for the government and the preservation of order within the 
 
 said parks as they may deem expedient, declaring what fines, 
 
 Fine?, howre- not excecdinoT in anv one case one hundred dollars, shall be 
 
 coveiable. . ^ 
 
 imposed for breaches of said rules and regulations, to be re- 
 coverable in the name of the Mayor ami City Council of Bal- 
 timore, as small debts are recoverable before a justice of the 
 peace of the said city, and appropriated to the purposes of 
 said park. 
 
 i87e, C.40. 3. The Park Commission is authorized and empowered 
 
 Speed of to rcgulatc the speed of vehicles and equestrians on the ap- 
 
 vehiclos and or l l 
 
 equestrians on proachcs to Druid Hill Park from North Avenue, as they 
 
 approaches ^ •' 
 
 avenue!"^"' ^^'^ empowered to do within the limits o ' said park, and to 
 impose the same penalties for the violation of any regulation 
 they may establish in this connection. 
 
 1802, c. 29. 4. The several members of the said Park Commission shall 
 
 Conservators of liavc the powcr of couscrvators of the peace within the limits 
 
 the peace. . 
 
 01 the said parks. 
 
 of Baltimore, whereby a road has been provided thnjugh Druid Hill Park, 
 from the southern entrance thereof to an entrance already agreed upon on 
 Woodberry lane, which road is to be at all times hereafter kept open and in 
 repair by the Park Commissioner^, for use at all hours of the day and night, 
 for such travel as is permitted by the general regulations of the park within 
 its limits; it then enacts, that the Green Spring Avenue Company are 
 hereby released from the obligation of constructing their said avenue south 
 of the northern boundary of said park ; and that the said Druid Hill Park 
 is hereby declared to be forever exempt from the passage through it, or the 
 construction within it of any public highway, turnpike or railroad. And 
 that this act shall be of non-effect until accepted by the Green Spring 
 Avenue Company. 
 
 This act was duly accepted by the company. 
 
Parks. 681 
 
 Article XXXVII.— Statutes. 
 
 5. The board of police of the said city are authorized, on isea, c. ag. 
 the requisition of the Park Commission to detail, from time Paikcommis. 
 
 .,, , , !•/• n • ^ ' 1 3ion may make 
 
 to time, such or the refjular police lorce oi said city, as the requisition lor 
 
 ' o I . police. 
 
 said board may deem necessary for the preservation of order 
 
 within the said parks, according to the regulations aforesaid, 
 
 and under the direction of said board ; whicli detailed force 
 
 shall have the same power in the premises, that tlie police of powers of po- 
 
 city have as conservators of the peace. 
 
 6. If the said Park Commissioners should find that they i87o, c.es. 
 cannot agree with the owner of any land, or of any interest condemnation 
 in land, which may be found necessary to be added to Druid com'missionMs. 
 Hill Park or to Patterson Park, or if the owner thereof, or 
 
 any of the owners thereof, at the time of the application be 
 feme covert, under age, non compos mentis, or residing out of 
 Baltimore county, or in the case of Patterson Park, out of 
 Baltimore city, application may be made by the said com- 
 missioners to any justice of the peace of Baltimore county, 
 or in the case of Patterson Park, to any justice of the peace 
 of Baltimore city, who shall thei-eupon issue his warrant 
 under hand and seal, directed to the Sheriff of the county, or 
 in the case of Patterson Park, to the Sheriff of Baltimore 
 city, directing him to summon a jury of twenty inhabit- 
 ants of said county, or in the case of Patterson Park, of 
 said city, not relating to the parties, nor in any wise inter- 
 ested, to meet on the land, to be valued on a day named in 
 said warrant, not less than ten nor more then twenty days 
 after issuing the same ; and if at said time and place any of 
 said jurors summoned do not attend, the said Sheriff shall 
 immediately summon as many jurors as may be necessary, 
 with the jurors in attendance, to furnish a panel of twenty 
 jurors in attendance, and from them each party or his agent, 
 or if either be not present in person or by agent, the Sheriff 
 for him, may strike off four jurors, and the remaining twelve 
 may act as a jury of inquest ; and before they act as such 
 
Parks. 
 
 Article XXXVII.— Statutes. 
 
 the Sheriff shall administer to each of them an oath or affir- 
 mation, as the case may he, that he will justly and impar- 
 tially value the land required hy said Mayor and City Coun- 
 cil for the park aforesaid ; and the said jury shall reduce 
 their inquisition to writing, and shall sign and seal the 
 same, and it shall then be returned by the said Sheriff to the 
 clerk of the Circuit Court for Baltimore county, or in the case of 
 Patterson Park, to the Circuit Court of Baltimore City, to 
 be filed in his court for confirmation by said court at its 
 next term, if no sufficient cause to the contrary be shown, 
 and when returned shall be recorded by said clerk at the 
 expense of said Mayor and City Council ; but if set aside, 
 the court may direct another inquisition to be taken in the 
 manner above prescribed, and such inquisition shall describe 
 the land taken and the quantity or duration of the interest 
 in the same, valued for Mayor and City Council, and such 
 valuation when paid, or tendered to the owner of said land, 
 or his or her legal representatives, shall entitle the said 
 Mayor and City Council to the estate or interest so valued, 
 as fully as if it had been conveyed by the owner thereof; and 
 the valuation, if not received when tendered, may at any 
 time thereafter be received from the said Mayor and City 
 Council by the said owner. 
 
 May enlarge 7. The Said Park Commissioners are authorized to enlarge 
 
 streets <&c 
 
 leading to" the strccts and avenues around and leading to said parks, 
 
 parks. ^ _ ° ^ 
 
 and in the event of failing to agree with the owner of any 
 property required for that purpose, or of any interest there- 
 in for the purchase thereof, or if the owner be ?ife,me covert, 
 under age, non compos mentis, or be residing out of the 
 county at the time, or in the case of Patterson Park, out of 
 Baltimore city, the said commissioners are authorized to 
 condemn the same in the manner specified in the foregoing 
 section, the oath to each juror being that he will justly and 
 impartially value the damages which the owner will sustain 
 
Parks. 
 
 Article XXXVII.— Statutes. 
 
 by the enlarging of the particular street or avenue, as the 
 case may be. 
 
 STOCK. 
 
 8. The Mayor and City Council of Baltimore are hereby iges.c. 36. 
 authorized to issue, from time to time, as they may deem pro- ig»ue of bonds 
 
 authorized. 
 
 per, the bonds of said Mayor and City Council, payable at 
 such time and for such sums as they may deem proper, not 
 exceeding the sum of fifty thousand dollars in any one year, 
 and in the whole not exceeding the sum of one hundred 
 thousand dollars, for the improvement of the public parks improvtment 
 of the said city, the authority now given being that required 
 by the seventh section of article eleven of the Constitution 
 of this State, to enable the said Mayor and City Council to 
 make appropriation at their discretion within the above 
 limits for the purpose aforesaid.* 
 
 *The Park Commission, in their report to Mayor, «&c., Jan. 1, 1869, give 
 the following estimate of number of acres and cost of Druid Hill Park: 
 
 The purchase from Mr. Rogers of the Druid A. R. p. 
 
 Hill Estate, was 453, 0, 28, @ |1,000 per acre. 
 
 Additional purchase of Mr. Rogers 8, 1, 17, " " " 
 
 11, 3, 36, " 
 
 One-fourth of the Mount Vernon Cemetery,. . 16, 0. 00, " " " 
 
 Bought of Kraft's heirs, 4, 3, 15, for $6,000. 
 
 " John Clark and others, 11, 2, 23, @ $1,000 per acre. 
 
 " Hugh Gelston, 7,3,00," 700 " 
 
 " Miles White, 5,1, 5," 800 " 
 
 Making in all 518, 3, 4, 
 
 In addition to the above, the land adjacent to Druid Lake is also included in 
 he p ark, making the area of this park nearly 700 acres. 
 
 By Ord. No. 117, June 29, 1875, the Mayor and City Council of Baltimore 
 were authorized and directed to condemn or purchase the four-sevenths 
 of the lot of ground purchased from the late Hugh Gelston, lying within 
 the limits of Druid Hill Park, the title to which had been declared invalid. 
 
 The 37 acres originally comprising Patterson.Park, were conveyed by deed 
 of gift to the city by William Patterson about 1827. 
 
684 
 
 Parks. 
 
 Article XXXVII.— Statutes. 
 
 1876, c. 344. 
 s. 2. 
 
 Park Commis- 
 sion to form a 
 zoological col- 
 lection. 
 
 Ibid, s. 3. 
 Subscriptions. 
 
 Seal. 
 
 Ibid, 8. 4. 
 
 Tickets. 
 
 Ibid, s. 5. 
 Charges. 
 
 Ibid, s. 6. 
 Accounts. 
 
 ZOOLOGY. 
 
 9. In addition to the powers heretofore conferred upon 
 the Public Park Conamission of the City of Baltimore, it is 
 hereby authorized to fi)rm a zoological collection within the 
 limits of Druid Hill Park, by the purchase and collection 
 of living, wild, and 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 of holding and at pleasure disposing of 
 gifts, devises and other property for the use of said collection. 
 
 10. The said commission is hereby 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 commission appointed by them for the pur- 
 pose, and the secretary thereof, and have attached thereto a 
 seal, which the said commission are hereby authorized to 
 adopt for the purpose. 
 
 11. 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 commission may deem proper. 
 
 12. The said commission shall be authorized to charge 
 and receive from each visitor to said collection, for the use 
 thereof, such reasonable fee as the said commission may fix. 
 
 13. The said commission is hereby required to cause 
 to be kept separate accounts, showing the receipts and expen- 
 ditures of said collection, which shall accompany the annual 
 
Parks. 685 
 
 Article XXXVII.— Ordinances. 
 
 report that said commission are required to make to the Report to Mayor 
 Mayor and City Council of Baltimore. cii, 
 
 14. The said commission shall have full power to employ iwd, s. r. 
 and compensate all persons, whom, in their judgment, it may Employee*. 
 be proper to employ in obtaining and supporting and man- 
 aging the collection aforesaid. 
 
 ORDINANCES . 
 PATTERSON PARK AND STOCK. 
 
 1. The Park Commission is authorized to appoint a super- superintendent, 
 intendant of Patterson Park, with knowledge and skill to 
 
 carry on the work of improving said park, under the direction 
 
 and control of the commission, tlie compensation of the said compensation. 
 
 superintendent to be regulated by the commission, and to be 
 
 paid out of the fund applicable to said park. 
 
 2. The Park Commissioners are hereby authorized and di- no. iie, June 
 
 23 '71 
 
 rected to purchase or condemn the following described land for park commis- 
 the extension of Patterson Park, that is to say : commencing at ch°a"e"r co"-'" 
 the southwest corner of the said park at Gough street, and extei.8ion of 
 running thence southerly, binding on the east side of Patterson Description. 
 Park avenue to Eastern avenue, thence easterly, binding on 
 the north side of said Eastern avenue to Potomac street, 
 thence on the west side of Potomac street northerly to Balti- 
 more street, and thence westerly and binding on the south side 
 of Baltimore street to the northeast corner of the said park at 
 Luzerne street. 
 
 3. The Register of the City is hereby authorized and di- ibid, s. 2. 
 rected to issue the bonds of the city to an amount not exceed- Register to 
 
 1111 1111 /» • • issue bonds of 
 
 ing two hundred thousand dollars, irom time to time, as the cuy. 
 same may be required for the purchase or condemnation and 
 improvement of said lands, the proceeds from the sale of which 
 bonds shall be used for the purchase of the property to be 
 
686 
 
 Parks. 
 
 Article XXXVII.— Ordinances. 
 
 Proceeds to be embraced in the extension hereby contemplated, and for the 
 
 used for pur- 
 
 improvement of the same, and for no other purpose whatever; 
 
 chase of prop' 
 erty. 
 
 Proviso. 
 
 When to go 
 into effect. 
 
 and provided further, that this ordinance shall not go into 
 effect until the issue of the said bonds shall be authorized by 
 an act of the General Assembly of Maryland, nor until this 
 ordinance shall be approved by the votes of a majority of the 
 legal voters of the city of Baltimore, cast at the time and 
 places hereinafter designated.* 
 
 Ibid, 8. 3. 4. The said bonds shall be issued in sums of not less than 
 
 Bonds redeem- ouc hundred dollars each, redeemable in twenty years, and 
 
 able in twenty , . 
 
 years. bearing interest ot six per cent, per annum, payable quarterly, 
 
 and transferable as other city bonds. 
 
 Ibid, 8. 8. 5. One-tenth of the par value of said bonds shall be in- 
 
 investment. vestcd by the Commissioners of Finance in the bonds of the 
 
 city of Baltimore, or in bonds for which the city is liable, by 
 Sinking fund, endorsement, as a sinking fund for the redemption of the 
 
 bonds issued under the provisions of this ordinance. 
 
 Ibid, 8. 9. 6. After deducting from the revenue derived from the city 
 
 Surplus of passenger railways, the interest on the present issue of the 
 
 revenue of City .in , •,. , 
 
 Passenger Kail- park stock uudcr the ordinance to provide tor a public park 
 
 way to be ap- ' i i i 
 
 onljonds"'^'^^' ^^ parks, and the interest on the stock herein authorized to be 
 issued, and the sinking fund therein and herein provided for, 
 and the further sum of ten thousand dollars annually, for the 
 maintenance of the parks, the surplus of said revenue shall be 
 applied, as far as necessary, to reimburse the city the interest 
 upon the bonds heretofore and hereby authorized to be issued; 
 provided, that not less than one-fifth of the said ten thousand 
 dollars and of th6 excess of annual receipts from the passen- 
 ger railway over the amount necessary to provide for the 
 interest on the bonds, heretofore and hereby authorized to be 
 
 Proviso. 
 
 * This ordinance was duly approved ; it contained the provisions usual in 
 such cases, authorizing its submission to the voters and publication, &c. 
 
Parks. 687 
 
 Article XXXVII.— Ordinances. 
 
 issued, shall be expended in the improvement and preservation 
 of Patterson Park.* 
 
 RIVERSIDE PARK. 
 
 7. The Mayor is hereby authorized and requested, in the no. es, June ii, 
 
 name of the corporation of Baltimore, to lease fourteen acres, Mayor author- 
 ized to leaae 
 
 more or loss, of ground for the enlargement of Battery Square, pound foren- 
 
 ' ry O ./ T. ' lareement of 
 
 upon the south side of said square, from the estate of the late battery square. 
 Alexander Gould, at a capitalized rate not to exceed five 
 thousand dollars per acre, for ninety-nine years, renewable 
 forever, the rent to be paid semi-annually, at six per cent., Bent to he paid 
 and to be redeemable at the pleasure of the Mayor and City 
 Council, at any time within twenty-five years from the appro- 
 val of this ordinance.f 
 
 8. The name of the property shall be Kiverside Park. iMds. 2. 
 
 9. The Commissioners for Opening Streets are authorized No. 103, s. 1, 
 
 r D June 1, '76. 
 
 and directed to condemn and take for a public square, all that 
 
 * By the act of 1872, c. 7, tlie Mayor and City Council of Baltimore were 
 authorized and empowered to issue the bonds of the said city to the amount 
 of two hundred thousand dollars, for the purpose of providing for the ex- 
 tension of Patterson Park, in said city, and the above ordinance of the 
 Mayor and City Council, June 23, 1872, was ratified and confirmed. See Art. 
 XL, Railroads, Reduction of Tax and Stocks, Art. XL VI, Park Stock. By 
 resolution No. 330, May 15, 1875, the Park Commission of Druid Hill and 
 I'atterson Parks, are requested to have no laborers employed in said parks 
 but those who are resident citizens of Baltimore city. 
 
 t By resolution No. 418, October 22, 1873, the Mayor, for and in behalf of 
 the corporate authorities of Baltimore city, was authorized and directed to 
 execute a lease of the land belonging to the estate of the late Alexander 
 Gould, Sr., deceased, embraced in the ordinance for the enlargement of Bat- 
 tery Square, upon condition that the trustees of the said Gould estate give 
 a good and sufficient bond, to be approved by the City Solicitor, to indem- 
 nify the city for any greater sum of money that a jury of inquisition may 
 assess over and above the amount already agreed upon with the trustees of 
 the Gould estate, for the acre of ground, more or less, owned by John S. Git- 
 tings. See resolution No. 329, May 15, 1875, as to improving park ; ordi- 
 nance No. 16, April 13, 1878, provides for introducing gas into park. See 
 article XLV, Squares. 
 
688 Parks. 
 
 Article XXXVII.— Ordinances. 
 A parcel of land parcel OP Dortion of land in the city of Baltimore, on the west 
 
 lying within . 
 
 River^de'park ^^^^ ^^ Covington strcct, bctwecn Battery Square and Wells 
 squt^e!*"^ ''"^^'^ street or Ohio avenue, and lying within the lines of Riverside 
 Park, and described as follows, to wit : Beginning for the 
 same in the centre of Covington street, where it is intersected 
 by the division line between John S. Gittings' and Alexander 
 Gould's estate, being north of Barney street, and running 
 thence binding on said division line south forty- eight and one- 
 half degrees, west three hundred and seven feet eight inches ; 
 thence still on the division line between the land of John S. 
 Gittings, and the ground formerly belonging to Alexander 
 Gould's estate, south forty-two degrees, east three hundred and 
 twenty-nine feet ten inches to the centre line of Covington 
 street, and thence northerly binding on the centre line of Cov- 
 ington street about four hundred and fifty-five feet to the 
 beginning, containing one and one-sixth acres of land more or 
 less. 
 
 No. 7, Feb. 2, 10. The Park Commission, created by ordinance No. 60, 
 Riverside Park of the Ordinances of the city, approved July 2l8t, 1860, (p. 677 
 
 in charge of ./ ' rr .7 J J vr 
 
 ParkCommis- ante,) are hereby authorized and directed to take charge of 
 Riverside Park and the improvement and preservation thereof. 
 
 Powers. and to that end shall have all the power which is vested in 
 
 them by the ordinance aforesaid in ngard to Druid Hill and 
 Patterson Parks. 
 
 Ibid, 8.2. 11. All moneys appropriated for the maintenance and ini- 
 
 Appropriations. provemcnt of Riverside Park shall be expended under the 
 direction of said Park Commission. 
 
Police. 
 
 689 
 
 Article XXXVIU. 
 
 AIITICLE XXXVIIL 
 
 POLICE. 
 
 STATUTE 8 
 
 1. Power to pass ordinances to pre- 
 
 serve order, secure property, 
 (fee: not to interfere witli pow- 
 ers of board of police. 
 
 BOARD OF POLICE COMMISSIONEIIS. 
 
 2. Election of police commissioners: 
 
 removal, &c. : salary: bond: 
 oath. 
 
 3. President and treasurer of board : 
 
 vacancy : removal of commis- 
 sioner for misconduct, &c. 
 
 4. Clerk of board: his duties: bond: 
 
 salary. 
 
 5. Duties and powers of board: pro- 
 
 viso. 
 G. Board to enroll, &c. police force: 
 what police to consist of: pay : 
 term : commission : proviso : 
 dismissal : proviso : qualifica- 
 tions : pay : absence from duty : 
 dismissal. 
 
 7. Clerk to marshal : salary: bond. 
 
 8. Board to estimate sum necessary 
 
 for discharge of duties : police 
 tax: provisos: certificates of 
 indebtedness. 
 
 9. Sheriifs duty. 
 
 10. Vacancies among officers: pro- 
 
 viso. 
 
 11. No gratuity to be received: 
 
 penalty. 
 13. Proceedings: receipts and dis- 
 
 bursements : inspection by 
 
 General Assembly : report to 
 
 General Assembly: inspection 
 
 by Mayor and City Council : 
 
 duty of Comptroller. 
 Treasurer t<i give luind : account 
 
 to be rendered. 
 14. Board may close bar rooms, &c.: 
 
 penalty. 
 Powers of board as to property, 
 
 police districts, «&c. 
 Disposition of property seized, 
 
 &c. 
 Duty of marshal : rep<jrt. 
 Release of persons committed, 
 
 &c. 
 Park police. 
 Responsibilities, &c., of Mayor, 
 
 &c. 
 21. Examination of persons arrested. 
 
 13 
 
 CARUYING CONCEALED WEAPONS. 
 
 22. Carrying concealed weapons: 
 
 penalty : proviso : persons ar- 
 rested in daytime : penalty on 
 officer. 
 
 MILITIA. 
 
 23. When called out by Board of 
 
 Police or Sheriff, subject to 
 their orders. 
 
 REGISTRATION. 
 
 24. Order. 
 
690 - Police. 
 
 Article XXXVIII.— Statutes. 
 
 RACES. 
 
 25. Maryland Jockey Club. ■ 
 
 THIEVES AND PICKPOCKETS. 
 
 26. Duty of police : punishment of j ^^ P*^^'^^ 
 
 common thieves or pickpockets \ 
 
 ORDINANCES. 
 
 in Baltimore city : indictment 
 and evidence. 
 
 27. Thieves, &c., on railroads : duty 
 
 Mayor authorized to offer reward 
 for persons charged with mur- 
 der, arson, injuring fire engine 
 or hose carriage. 
 
 2. Retail liquor shops. 
 
 FORTUNE-TELLING. 
 
 3. Fortune-telling prohibited: 
 
 penalty. 
 
 STATUTES. 
 
 P. L. L., art. 4, 1. The Major and City Council may pass ordinances for 
 Power to pass preserving order, securing property and persons from violence , 
 
 ordinances to , ,,,.,. 
 
 preserve order, danger Or dcstruction, protecting the public and city proper- 
 secure property *^ ' ^ oi ^ l x 
 
 **• ty, rights and privileges from waste or encroachment, and for 
 
 promoting the great interests and insuring the good govern- 
 ment of the city ; but no ordinance heretofore passed, or that 
 shall hereafter be passed by the Mayor and City Council of 
 
 Not to interfere Baltimore, shall hereafter conflict or interfere with the powers 
 
 with powers of . , n t -rt i n -rt -i • v t 
 
 Board of Police, or the cxcrcise 01 the powers of the Board oi rolice oi the 
 City of Baltimore hereinafter created, nor shall the said city, 
 or any officer or agent of the corporation of said 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. 
 
 BOARD OF POLICE COMMISSIONERS. 
 1874, c. 2, Feb. 2. There shall be elected by the ioint meeting of the two 
 
 3,1874. J J to 
 
 Election of houscs of the General Assembly of Maryland, by ballot, 
 
 Police Commis- , 
 
 sioners. three sober and discreet persons, who shall have been resi- 
 
 dents in the city of Baltimore for three consecutive years 
 next preceding the day of their election, who shall be known 
 
PoLtOl!. 
 
 691 
 
 Article XXXVIII.— Statutes. 
 
 as the Board of Police Commissioners for the City of Balti- 
 more ; said commissioners shall be subject to removal as pro- Removals, &c. 
 vided in this article ; one of said commissioners shall 
 be elected and appointed for two years, one four years, and 
 one for six years, who shall hold office until their respective 
 successors are elected, or appointed and qualified; each of 
 said commissioners shall receive a salary of twenty-five hun- salary, 
 dred dollars per annum, payable quarterly ; as the terms of 
 office shall expire as designated above, they shall be filled 
 or appointed for six years each ; before entering upon the 
 duties of their office of commissioner, each member thereof 
 shall enter into bond to the State of Maryland, with one or Bond, 
 more sureties, in the penalty of ten thousand dollars, condi- 
 tioned for the faithful discharge of his duties as such com- 
 missioner ; 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 tlie certificate of appointment as aforesaid, and 
 shall also take and subscribe before the said judge of the 
 Superior Court, or the clerk thereof, the oath or affirmation oath. 
 prescribed by the seventh 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 i'roni 
 the police force, created and to be organized by them under 
 this act, they will in no case, and under no pretext, appoint 
 or remove any policeman or officer of police, or detective, or 
 any other person under them, for or on account of the politi- 
 
 * Sec. 7, relerred to above, is as follows : Every person hereafter elected 
 or appointed to office in this State who shall refuse or neglect to take the 
 oath or affirmation of office provided for in the sixth section of this article, 
 shall be considered as having refused to accept the said office, and a new 
 election or appointment shall be made, as in case of refusal to accept or re- 
 signation of an office ; and any person violating said oath shall, on conviction 
 thereof in a court of law, in addition to the penalties now or hereafter to be 
 imposed by law, be thereafter incapable of holding any office of profit or 
 trust in this State. See Oath on p. 22, ante. 
 
692 
 
 Police. 
 
 Article XXXVIII.— Statutes. 
 
 cal 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 com- 
 missioners, for the place to which he shall be appointed, or 
 from which he shall be moved, and the said oath or affirma- 
 tion shall be recorded and preserved among the records of 
 said coutt. 
 
 1867, c. 367. 3. The Board of Police Commissioners, on entering upon 
 
 President and their dutlcs as sucli, shall select one of their number who 
 
 treasurer of . . 
 
 board. sliall be thc 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 
 
 Vacancy. shall be filled by the Governor of the State, which appoint- 
 
 ment 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 election to be had at the regular session 
 of the General Assembly immediately preceding such expi- 
 ration, and neither of said commissioners shall be eligible 
 to an elective or appointed office during the term for which 
 he has been elected, except under the militia laws of the 
 
 Removal of State, and for any official misconduct on the part of said 
 
 commissioners .. ,t r-i i* ii t • • in 
 
 for misconduct, commissioners, the General Assembly, it in session, shall 
 
 &c. 
 
 have power of removal, and during the recess of the same 
 the Governor shall remove any of said Commissioners on 
 conviction for any felony before any court of law, and shall 
 appoint a successor or successors to such delinquent or delin- 
 quents, commissioner or commissioners so removed, to serve 
 until the next meeting of the General Assembly.* 
 
 *Like other corporations, the Board of Police must act through some 
 authorized agent having the authority of a majority of the board. Mayor, 
 &c. v. PouUmy & Trimble, 25 Md. 19. 
 
Police. 693 
 
 Article XXXVni.— Statutes. 
 
 4 . The Board of Police Commissioners, immediately after ise?, c. 367. 
 organizing as aforesaid, shall select some suitable person to cierk of board, 
 act as clerk to the board, whose duty it shall be to keep His duties, 
 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 property 
 duties required of him by the said board ; said clerk shall 
 enter into bond to the State of Maryland in the same man- Bond, 
 ner as hereinbefore prescribed for the commissioners in the 
 sum of five thousand dollars, conditioned for the faithful 
 discharge of his duty as clerk and the safe keeping of all 
 property placed in his hands as aforesaid, and shall receive 
 a salary of fifteen hundred dollars per annum, payable sai»ry. 
 quarterly, and be subject to removal at the pleasure of the 
 board. 
 
 5. The duty of the Board of Police Commissioners hereby i867,c. 367. 
 
 created shall be as follows : they shall at all times of the Duties and pow- 
 ers of boara . 
 day and night, within the boundaries of the city of Balti- 
 more, as well on the water as on the land, preserve the public 
 peace, prevent crime and arrest offenders, protect the rights 
 of persons and property, guard the public health, preserve 
 order at primary meetings and elections, and at all public 
 meetings and conventions, and on all public occasions and 
 places prevent and remove nuisances, in all the streets and 
 highways, waters, water-courses, and all other places, pro- 
 vide 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, va- 
 grants, 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 
 
694 Police. 
 
 Article XXXVIII.— Statutes. 
 
 of this act, or of any law of the State, which may be properly 
 enforceable by a police force ; in case the said Board of Police 
 Commissioners shall have reason to believe that any person 
 or persons within the limits of the city of Baltimore intend 
 leaving the city for the purpose of committing any breach of 
 tbe 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 other place on land or water 
 within the State of Maryland, it shall be the duty of the said 
 Board of Police Commissioners to cause such person or per- 
 sons to be followed, and to take the most efficient means for 
 the suppression and prevention of such outrage, when any 
 such shall be attempted, and to cause the arrest of all such 
 Proviso. offenders ; provided, however, that if any crime be actually 
 
 committed by such person or persons, the offenders shall be 
 delivered to the proper jurisdiction for trial and punishment ; 
 any person charged with the commission of crime in the city 
 of Baltimore, and against whom criminal process shall have 
 issued, may be arrested upon the same in any part of the 
 State by the police force created under this act, under such 
 rules arid regulations as the Board of Police Commissioners 
 may adopt ; and the said board shall have power to admin- 
 ister oaths or affirmations in the premises to any person or 
 persons appearing or called before them, and shall also have 
 the power of administering oaths or affirmations and sum- 
 moning witnesses before them whenever it may be necessary 
 for the more effectual discharge of their duties. 
 
 1874, c. 146. 6. The said Board of Police Commissioners are authorized 
 
 Board to entou, and required immediately on entering upon the duties of their 
 
 Ac, police fr» , . 11 1 1 T /• 
 
 force. oince, to appoint, enroll and employ a permanent ponce torce 
 
 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, officer of police, or 
 
Police. 696 
 
 Article XXXVIIL— Statutes. 
 
 detective, for the violation of any rule or regulation which 
 ihej injiy make and promulgate to said police force, officers of 
 police and detectives; said force shall consist of one marshal what police 
 
 J ji^ ii/«i'/.t. • '^"^'^^ *" consist 
 
 and one deputy marshal or police for the city, one captain, two of- 
 lieutenants, tvvo turnkeys, and such number of sergeants as said 
 board of police, in their judgment, may deem necessary, for 
 each police district in the city, and five hundred men, which 
 force may be increased at any time, if in the opinion of the 
 board the public peace shall require, to any number, and for 
 such period of time as they may think proper by the employ- 
 ment of special policemen, who shall receive the sum of two Pay. 
 dollars and fifty cents per day for their services; the period of ap- 
 pointment in the regular police force shall be four years, unless Term, 
 sooner discharged for official misconduct, and whenever any 
 officer of police, policeman or detective shall be appointed, he 
 shall receive a commission, which shall date from the time of cominiiiion, 
 his appointment, and shall hold good for four years, unless 
 sooner annulled by his dismissal from the force ; provided, proviso, 
 however, ^that if any officer of police, policeman or detective 
 shall be incapacitated from performing duty by reason of sick- 
 ness or disability incurred in the line of his duty for ^x con- 
 secutive months, he may at the expiration of that time be dis- Dismissal, 
 missed from the force ; provided further, however, that the proviso. 
 said board shall have the power to dismiss said officer of police, 
 policeman or detective before that time, if in their judgment 
 tbey may deem it proper; the qualifications for the position of Quauacations. 
 officer of police, policeman or detective shall be good moral 
 character, sobriety, citizenship of the State of Maryland, abil- 
 ity to read and write, physical strength and courage. No per- 
 son who has been convicted of any felony shall be eligible 
 to the position of officer of police, policeman, detective or 
 special policeman. The pay of a policeman shall be eighteen Pay, 
 dollars per week, payable semi-monthly, and in case the board 
 shall appoint detective policemen, they are hereby authorized 
 and empowered to do so if they think tit, to the number of ten ; 
 
696 
 
 Police. 
 
 Article XXXVIII.— Statutes. 
 
 said detectives shall receive each the sum of twenty dollars 
 per week, payable semi-monthly, and they shall not be allowed 
 to follow any other business or profession, but shall devote 
 their whole time to the discharge of their duty as detectives. 
 The officers of police shall be paid serai-monthly, and their 
 pay shall be as follows: The marshal shall receive twenty five 
 hundred dollars per annum ; the deputy marshal receive two 
 thousand dollars per annum ; each captain twenty-two dollars 
 per week; each lieutenant twenty dollars per week; each 
 sergeant nineteen dollars per week ; each turnkey fifteen 
 dollars per week. The salary herein provided for the officers 
 of police, policemen and detectives shall continue as long as 
 they hold a commission, or until a change shall be made by 
 Act of the General Assembly ; and it shall be part of the 
 duty of the captains, lieutenants and sergeants, whenever a 
 policeman, officer of police or detective is absent from duty, to 
 report such absence to the board, and the cause of the same, 
 and if said reports show that said absence is on account of 
 sickness, such report shall be lyrima facie evidence of such 
 sickness ; and if any officer of police, policeman or detective 
 shall absent himself from duty under plea of sickness, when 
 he is not sick, such a plea or absence shall be official miscon- 
 duct, for which said officer shall be discharged by the said 
 Board of Police Commissioners, if they shall deem it proper 
 80 to do.* 
 
 Absence from 
 duty. 
 
 Dismissal. 
 
 1874, c. 458. 
 
 Clerk to Mar- 
 shal of Police. 
 
 Salary. 
 
 7. The Board of Police Commissioners for the City of Bal- 
 timore are hereby 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, paya- 
 ble semi-monthly ; and the said clerk, before entering upon the 
 
 * The Act of 1874, c. 75, also repealed and re-enacted sec. 810 of Act of 
 1870, c. 287, (sec 6 above.) This Act was approved March 12, 1874, and the 
 Act of 1874, c. 146, was approved March 30, 1874. The Act of 1874, c. 75, 
 was thus impliedly repealed by Act of 1874, c. 146. 
 
Police. 697 
 
 Article XXXVIII.— Statutes. 
 
 duties of his office, shall enter into bond to the State of Mary- Bond, 
 land in the penalty of two thousand dollars, conditioned for 
 the faithful discharge of his duties as such clerk, the said bond 
 to be approved by the said Board of Police Commissioners. 
 
 8. It shall be the duty of the Board of Police Commission- ibgt.c. 367. 
 ers aforesaid immediately to estimate, and annually thereafter. Board to e»ti- 
 
 .<i I • I f% t niate sum 
 
 what sum of money will be necessary for each current fiscal nccesnaryfor 
 
 •^ discharge of 
 
 year to enable them to discharge the duty hereby imposed on duties 
 them, and they shall forthwith certify the same to the Mayor 
 and City Council of Baltimore, who are hereby required, 
 without delay, specifically to assess and levy such amount aspouceux. 
 shall be sufficient to raise the same clear of all expenses and 
 discounts, upon all the assessable property in the city of Bal- 
 timore, and to cause the same to be collected as all other 
 city taxes ; and it is hereby made the duty of the Collector of 
 the City of Baltimore, and he is hereby requested to collect 
 said tax, to be denominated the police tax, and the said Board 
 of Police Commissioners, upon and after qualifying as such, 
 are hereby authorized to make requisitions from time to time, 
 upon the Comptroller of the City of Baltimore, or other proper 
 disbursing officer or officers 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 
 act ; provided, the same shall not exceed in any one year the provisos 
 amount so as aforesaid, certified, or which may thereafter be 
 certified for that year, to the Mayor and City Council aforesaid, 
 and in case the said disbursing officer or officers shall not forth- 
 with pay over the amount of each requisition as made, it shall 
 be the duty of the said board, and they are hereby authorized 
 and required, to issue certificates of indebtedness, in the name certificates of 
 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, pay- 
 able at Dot more than twelve months after date, and signed by 
 
698 
 
 Police. 
 
 Article XXXVIII.— Statutes. 
 
 a majority of said board, and to raise the money on said cer- 
 tificates by pledginjy or disposing of the same ; which certifi- 
 cates 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 them- 
 selves issued the same, and the Mayor and City Council of 
 Baltimore shall have no power or authority to levy or collect 
 any tax, or appropriate any money for the payment of any 
 police force other than to be organized and employed under 
 this act; and no officer or other employee of the said Mayor 
 and City Council 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, to be organized and employed under this act, 
 shall be exercised as herein directed, and not otherwise; and 
 in case the amount so as aforesaid to be estimated by the said 
 board shall from any cause prove insufficient for the necessary 
 expenses for tlie current year, the said board are hereby author- 
 ized and empowered to issue certificates, and raise money there- 
 from, as hereinbefore provided, to meet the said exigency ; pro- 
 ProYisos. vided, however, that no additional issue shall exceed the sum 
 
 of fifty thousand dollars in any one year, and that the amount 
 thereof shall be added to the estimate assessment and levy for 
 the year next ensuing, and that said certificates shall not be 
 made payable at an earlier day than twelve months from the 
 date of their issue, but may be receivable in payment of city 
 taxes at any time they may be so presented.* 
 
 i8tj7,c.367. 9. It shall be the duty of the Sheriff" of Baltimore City, 
 
 Sheriff 's duty, whenever called on for that purpose by said board, to act 
 
 under their control for the preservation of the public peace 
 
 * The Board of Police have no power to have charged to the Mayor and 
 Citj'' Council any claim not embraced in their estimate for each current 
 fiscal year contemplated by above section. Mayor, &c. v. Poultney & 'Irim- 
 ble, 25 Md. 18. 
 
Police. 699 
 
 Article XXXVm.— Statutes. 
 
 and quiet, and if ordered by them so to do, he shall summon 
 the jjosse comiiaius for that purpose, and hold and employ such 
 2)osse, 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 insurrectiouj riot or disorder on 
 election days, and at all other times, and it shall be the duty 
 of said military force so called out to obey such orders as may 
 be given them by said board ; whenever the exigency or cir- 
 cumstances may in their judgment warrant it, the said board 
 shall have the power to assume the control and command of 
 all conservators of tiie peace in the city of Baltimore, whether 
 sheriffs, constables, police or others, and they shall act under 
 the orders of the said board, and not otherwise ; and in case 
 of the refusal of the said sheriff, or any policeman, constable, or 
 other peace ofiicer, or persons, to obey any lawful command of 
 said board under the provisions of this section, they shall re- 
 spectively be guilty of a misdemeanor, and punishable as in 
 such cases made and provided ; and any officer of any njilitary 
 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 su- 
 perior officer in such behalf, shall be guilty of a misdemeanor, 
 and punishable as in such cases made and provided. 
 
 10. Whenever a vacancy shall take place in any grade of 1 867, c. 367. 
 officers (except the marshal and deputy marshal) it shall be vacancies 
 filled from the next lowest grade, if competent men can be 
 found therein ; the Board of Police Commissioners are hereby 
 
700 Police. 
 
 Article XXXVIII.— Statutes. 
 
 authorized to make all such rules and regulations, not incon- 
 sistent with this act, as they may judge necessary for the ap- 
 pointment and employment, uniforming, discipline, trial and 
 government of the police and detectives, and for the relief 
 and compensation of the metnbers 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 performance ; pro- 
 Proviso vided, that the allowance in any one instance shall not exceed 
 
 twelve mouths' pay ; the said board shall have power to re- 
 quire of any policeman, officer of police or detective, bond 
 with sureties, when they may consider it demanded by the 
 public interest; all lawful rules and regulations of the board 
 shall be obeyed by the policemen, officers of police and detec- 
 tives, on pain of dismissal or such lighter punishment as may 
 be prescribed by the said board, and the said board shall have 
 power to suspend from duty, fine or forfeit the pay of any rule 
 or regulation by them made and adopted. 
 
 1867, c. 367. 11. No officer of police, policeman or detective shall be 
 
 No gratuity to allowcd to rcccive any money as a gratuity or extra compen- 
 
 be received. . „ . , 1*11 
 
 sation for any services he may render without the consent of 
 the said board ; and all suich moneys as any officer of police, 
 policeman and detective may be so permitted to receive shall 
 be paid over to the said board, and together with the pro- 
 ceeds of all fines, forfeitures, penalties and unclaimed prop- 
 erty which may come into the possession of the said board, or 
 be recovered by them under the provisions of this act or any 
 other law, shall form a fund which the board may apply to- 
 wards the allowances of officers of police, policemen and de- 
 tectives 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 moneys as a gratuity or extra compensation, and shall 
 
POLICB. 701 
 
 Article XXXVIII.— Statutes. 
 
 fail to deliver the same to the board for the purposes herein- 
 before provided, and shall apply the same to his own use, shall 
 be forthwith dismissed, and forever after ineligible to any posi- Penalty, 
 tion in the force. 
 
 12. The Board of Police Commissioners shall cause to be i874,c. mb. 
 kept by their clerk aforesaid, a full report of their proceedings, proceedinga. 
 and also cause all their receipts and disbursements of money Receipts. 
 
 to be faithfully entered in books, to be provided for that pur- Disbursements. 
 
 pose, and said books, journals and all other documents in the 
 
 possession of said board, shall always be open to inspection by inspections by 
 
 the General Assembly of Maryland, or any committee appoint- sembiy. 
 
 ed by it for that purpose; and it shall be tiie duty of the said 
 
 board to report to the General Assembly at eacii regular session, Report to oen- 
 
 or as may hereafter be directed by said General Assembly, 
 
 the number and expense of the police force employed by them 
 
 under this act, and all such other matters as may be of public 
 
 interest in connection with the duties assigned to them, and 
 
 said books, journals and other documents, and the vouchers 
 
 for all payments by said Board of Police Commissioners shall 
 
 at all times be open to the inspection of the Mayor and Re- inspection by 
 
 gister of the City of Baltimore, and either of them, and it councu. 
 
 shall be the duty of the Comptroller of the City of Baltimore outyof comp- 
 
 to examine all bills and accounts presented by said Board of 
 
 Police Commissioners and the vouchers therefor. 
 
 13. The Treasurer of the Board of Police Commissioners 1867, c. 367. 
 hereinbefore selected before entering upon the duties of his Treasurer to 
 office as such treasurer, shall in addition to the bond given as 
 commissioner, enter into bond to the State of Maryland, as 
 hereinbefore directed, with one or more sureties in the penalty 
 
 of ten thousand dollars, conditioned for the faithful discharge 
 of the duties imposed npon 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, 
 
702 Police. 
 
 Article XXXVIII.— Statutes. 
 
 on the first day of January and July, in each and every year, 
 
 during his continuance in office, render to his associates in 
 
 Account to be Said board, a true and faithful account of the receipts and 
 
 rendered. - 
 
 disbursements of all moneys received and disbursed by him, 
 by order of the said board, with the vouchers tliereof during 
 said period, which account shall be verified by the affidavit 
 of the said treasurer ; and the said board shall thereupon 
 examine said account, and if they find the same to be correct, 
 they shall certify said account, and forward the same to the 
 Governor of the State, to be filed in the office of the Secretary 
 of State ; the said board shall retain a copy thereof, with their 
 certificate attached, to be filed among the papers of their office. 
 
 1867, c. 367. 14. The said Board of Police Commissioners are authorized 
 
 Board may close and empowcrcd, whenever in their judgment the public peace 
 
 bar rooms, &c. , .,. . iii- •^ 
 
 and tranquihty may require, to order the closing temporarily 
 of any and all bar rooms, bars, drinking houses and liquor 
 shops, and all other places where liquor is usually sold in the 
 city of 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 
 Penalty. be forthwith dismissed from his position, and shall be forever 
 
 after ineligible to any position in the police. 
 
Police. 703 
 
 Article XXXVIII.— Statutes. 
 
 15. The said Board of Police Commissioners are hereby lae?, c. 367. 
 authorized and empowered to take possession of all property powers of hoard 
 heretofore by law assigned to the former Board of Police, and pouco district's, 
 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, whicli they 
 are hereby authorized and empowered to take possession of, 
 and use, they may provide additional station houses, with all 
 necessary appurtenances, as may be found needful and neces- 
 sary, and such accommodations as may be requisite for the 
 police force ; said board shall also have the use of the fire Fire alarm and 
 alarm and police telegraph in the city of Baltimore, and of graph, 
 all station houses, watch boxes, arms, accoutrements and 
 other accommodations and property provided by the city of 
 Baltimore for the use and service of the police heretofore 
 created by an act of the corporation of said city, as fully and 
 to the same extent, as if the same had been provided for the 
 use of the board created by this act. 
 
 16. It shall be the duty of every officer of police, and every igev.c. 367. 
 policeman and detective to report to the board, and deliver Disposition of 
 to them all property seized or found by said officers of police, ^c^^" * 
 policeman or detective, immediately after the same shall have 
 
 come into their possession, which property, with the date of 
 delivery and description of the same, and the name of the 
 officer, policeman or detective depositing the same, shall be 
 entered in a book by the clerk, to be provided for that purpose ; 
 said clerk 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, po- 
 liceman 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 offi- 
 
704 POLIOE. 
 
 Article XXXVIII.— Statutes. 
 
 cer, policeman or detective, who shall wilfully refuse to return 
 all such property as aforesaid, or shall return the same to any 
 claimant, shall be forthwith dismissed from office. 
 
 1867, c. 367. 17. It shall bc the duty of the Marshal of Police of the city 
 
 Duty of mar- to make to the Board of Police Commissioners, to be by them 
 shal. _ , ^ » J 
 
 certified to the clerk of the Criminal Court of Baltimore, on 
 Report. the morning of each day, (except Sunday,) a report showing 
 
 the number of persons confined in the several station houses 
 of said city, for any ofience indictable under the common law, 
 or the Code of Public General Laws of Maryland, with the 
 cause of their commitment, and how many, if any were re- 
 leased, and by whom ; and if any trial was had, and before 
 whom ; and the names of the witnesses, if any, examined or 
 present at the trial, and the place of their residence, and if 
 any fine and costs were imposed ; if so, how much and to 
 whom paid. 
 
 1867, c. 367. 18. No marshal of police, or any of the captains of any of 
 
 Release of per- tlic dlstricts Or statiou liouses, or anyone acting for or under 
 
 .sons committed, , /. i i n i . -, 
 
 &c. them, or any oi them, shall release any persons committed or 
 
 confined in any of the station houses* for any felony, or mis- 
 demeanor, but all such persons shall be released only on the 
 order of the committing magistrate, the judge of the Crimi- 
 nal Court, or one of the members of the board, or other law- 
 ful process. 
 
 1867, c. 367. 19. The said Board of Police Commissioners are required, 
 
 Park police. ou the requisition of the Druid Hill 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 the said park, which detailed force 
 shall have the same power in the premises that the police force of 
 the city have, as conservators of the peace within the city limts. 
 
 * As to justices of the peace at the Station Houses, see sees. 84, &c., p. 222, 
 &c., ante. 
 
Police. 705 
 
 Article XXXVIII.— Statutes. 
 
 20. Nothing in this act contained shall be so construed as imi, c. ser. 
 to destroy or diminish the liability or responsibility of the Responsibility, 
 Mayor and City Council of Baltimore for any failure to dis- &<=.' 
 charge the duties and obligations of said Mayor and City 
 Council, or any of them, or give the said Mayor and Council 
 
 any control over said board, or any officer of police, police- 
 man or detective appointed thereby. 
 
 21. All persons arrested in the daytime under the pro- leer.c.sev. 
 visions of this act shall be taken by the officer or officers Examination of 
 making the arrest, immediately before the nearest magistrate in day time, 
 for examination, previous to their incarceration in either of the 
 
 watch houses or jail of the city of Baltimore. 
 
 CARRYING CONCEALED WEAPONS. 
 
 22. Whenever any person shall bo arrested, charged with X874, c. i78. 
 any crime or misdemeanor, and carried to any of the justices carrying con- 
 of the peace of the city of Baltimore, upon whose person *^^'' * "**?*"''• 
 shall be found any pistol, dirk knife, bowie knife, sling shot, 
 
 billy, brass, iron or any otlier metal knuckles, razor, or any other 
 
 deadly weapon whatsoever, such person shall be subject to a 
 
 fine of not less than three nor more than ten dollars, in the penalty. 
 
 discretion of tlie justice of the peace to which such person may 
 
 be carried, which said fine shall be collected as other fines are 
 
 now collected ; provided, however, that the provisions of this Proviso. 
 
 section shall not afiect those persons who as conservators of 
 
 the peace, are required to carry a pistol or other weapon as 
 
 part of their equipments ; and provided further, that it shall 
 
 be the duty of all officers to take all persons arrested in the persons arrested 
 
 day time under this act immediately before the justice of the 
 
 peace nearest the place of arrest for examination, except for 
 
 drunk and disorderly conduct, or theft, and any officer failing 
 
 so to do shall be deemed guilty of a misdemeanor, and upon penalty on 
 
 conviction shall be fined not less than five nor more than ten 
 
 dollars. 
 
706 Police. 
 
 Article XXXVIII.— Statutes. 
 
 MILITIA. 
 
 i87o,c.i82,s.25. 23. Whenever the Board of Police Commissioners for the 
 Militia, when Citv of Baltimore, or the Sheriff of any county shall call out 
 
 called out by J ■) J J 
 
 OT Sheriff ^^uv ^^y portion of the militia to aid in preventing threatened dis- 
 orders.'^*^"^ Order or opposition to the laws, or in suppressing riot or 
 disorder on election days, or at any other times, as provided 
 in section eight hundred and thirteen, of article four. Code of 
 Public Local Laws, as amended by Act of Assembly of eighteen 
 hundred and sixty-seven, chapter three hundred and sixly- 
 seven, [sec. 9, p. 699, ante] 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. 
 
 REGISTRATION*. 
 1874, c. 490, s. 24. The Board of Police Commissioners for Baltimore City, 
 
 19; 1876, c. 249, . i n j -i 
 
 »• 17. upon the written request of the registers of voters, shall detail 
 
 Order. polico officcrs Sufficient to preserve order at the place where 
 
 the officers of registration in Baltimore city are discharging the 
 
 duties of their office.* 
 
 RACES. 
 
 1872, c. 65, s. 6. 25. For the purpose of preserving order and protecting 
 
 Order. property, the Police Commissioners of the City of Baltimore 
 
 are hereby authorized, upon the request of the president of the 
 
 * As to furnishing lists of voters, see 1876, c. 249, sec. 6. By the act of 
 1874, c. 310, the Board of Police Commissioners were authorized and empow- 
 ered to purchase or lease ground in the city of Baltimore, suitable in their 
 judgment, for the erection of station houses thereon, and to have erected 
 thereon suitable station houses, and the title to said ground and improvements 
 to vest in the Mayor and City Council of Baltimore, the purchase money for 
 said ground and the cost of erecting the station houses to be paid by Board 
 of Police Commissioners out of their special fund. 
 
Police. 707 
 
 Article XXXVUI.— Statutes. 
 
 Maryland Jockey Club, to detail such force as they may deem 
 sufficient 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.* 
 
 THIEVES AND PICKPOCKETS. 
 
 26. It shall be the duty of all police officers in Baltimore i864, c.ss.s. i. 
 city to arrest and take before some one of the station house punishment 
 iustices in Baltimore city, all persons whom they shall find in thieves or pick- 
 
 *• ./ ' r J ^ pockets in Bal- 
 
 any passenger railway car, or in or about any railway depot »'™o'ecity. 
 
 in Baltimore city, or in any place of public amusement, or in 
 
 any street of the city, whom they shall know or have good 
 
 reason to believe are common thieves or pickpockets, and said 
 
 justices shall commit or bail such persons for trial before the 
 
 Criminal Court; and if any person in Baltimore city shall be 
 
 charged on oath before any 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 him commit or 
 
 bail 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 or indicted a second time, 
 
 or more, for such ofience, 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 indictment and 
 
 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 establishing the 
 
 * The Maryland Jockey Club, for the improvement of the breed of horses, 
 was incorporated by Act of 1872, c. 55. 
 
708 
 
 Police. 
 
 Article XXXVIII.— Statutes. 
 
 fact to the court or jury by whom he is tried, and there shall 
 be no discretion in any police officer or justice of the peace to 
 discharge or release any person who is by such proof before 
 them, or knowledge on their part, shown to be a thief or pick- 
 pocket as aforesaid ; but such person shall be bailed or com- 
 mitted 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. 
 
 Thieves, &c 
 ou railroads. 
 
 Ibid, s. 2. 27. 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 persons may be taken before any jus- 
 tice 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. 
 
 Ferry boats. or OU any ferry boat, before any justice of the peaceof the nearest 
 convenient county or of the city of Baltimore, and such justice 
 shall on proof, as provided in the preceding section, commit or 
 bail such person for trial before the Circuit Court of the county, 
 or the Criminal Court of Baltimore, as the case may be : and all 
 police officers of Baltimore city, and all conductors of trains 
 and police employed by any of said railway companies, and 
 all constables and bailiffs of any county or city on the lines of 
 
 Duty of police, 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, with being a common 
 
 Penalty. pickpockct, shall be punished by a fine or imprisonment in the 
 
I 
 
 Police. 709 
 
 Article XXXVIII.— Ordinances. 
 
 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. 
 
 ORDINANCES. 
 
 1. The Mayor is hereby authorized and directed to issue j^"- ^^^ ^°*- '5, 
 his proclamation, offering a reward of such an amount as he may ?i»y'"" author- 
 deem proper, for the discovery, arrest and conviction, in any ^"sVhargld 
 of the courts, of any person wlio may be suspected or charged rrso*lirin|urmg 
 with the crime of murder, manslaughter, assault with intent hose carriage, 
 to kill, or arson, committed within the city, with setting fire 
 
 to any building, lumber yard or ship yard in the city, or with 
 having destroyed, injured or defaced any engine, hose, hose 
 carriage or other apparatus or property belonging to the fire 
 department of the city, whenever he shall have knowledge of 
 the commission of any of said crimes or receive information 
 thereof from any respectable person or persons. 
 
 2. The Board of Police Commissioners are hereby re- No. 33, s. 55, r. 
 quested to ascertain the situation, number, character, and con- RetaiUiquor 
 dition of the shops for retailing spiritous liquors in each ward 
 
 of the city, and of the owners or keepers of the same, and 
 report quarterly to the Mayor, in order that he, in concert 
 with the judge of the Criminal Court of Baltimore, may adopt 
 such measures as may be deemed requisite in order to reduce 
 the number and regulate the order of such shops. 
 
 FORTUNE TELLING. 
 
 3. Any person who shall engage in the practice of fortune no. 83, May 1, 
 
 '75. 
 
 telling, or any similar device, in the city of Baltimore, shall Fortune teiang 
 upon conviction, for the first offence, be fined not less than 
 twenty-five dollars, and for every subsequent offence not less 
 than fifty nor more than one hundred dollars, said fines to be Penalty. 
 collected as other fines are now collected. 
 
no Police. 
 
 Article XXXVIII.— Ordinances. 
 
 Powers op Board. — 186] , c. 46, relating to closing bar-rooms, unrepealed 
 by the act of 1867, c. 267, is incorporated in said act, with modification, as 
 section 14 of this Article. 1861, c. 6, relating to the constabulary and justi- 
 ciary power of the board over negroes and mulattoes is also unrepealed by 
 1867, c. 367, but was repealed by implication, by 1865, c. 166, relating to 
 negroes. 
 
 1867, c. 117, provided for the liquidation and settlement of arrearages of 
 pay due to the ofiicers and men of the police force appointed and organized 
 under act of 1860, c. 7. See Res. No. 10, Nov. 25, '67. 
 
 In City Court, April, 1876, MarioWs administrators v. Mayor, &g. The 
 plaintiff's intestate was in 1861 a member of the police force during Mayor 
 Brown's administration. During that year the police force was disbanded 
 by the military order of General Dix. Several months afterwards the force 
 was disbanded by the State. In 1867 an act was passed by the Legislature 
 under which nearly all the members of the force were paid, but Mariott died 
 without availing himself of the act. Letters of administration were taken 
 out, but not until after the expiration of the time as provided by the act, in 
 which claim was to be made. Suit was then brought against the city, the 
 amount of claim being $387. The City in 1868-69 and '70 had paid out to 
 the members of the old police force $185,101.61 as pay between the 27th of 
 June, 1861, and 18th of February, 1862, under this act of 1867, chapter 117, 
 which in its preamble recited that the officers and men of the police force 
 which had been disbanded by military authority, had the same right to be 
 paid during the interval mentioned as the members of the Police Board, and 
 as authority cited the case of the Mayor <&c., v. Howard et. al., 20 Md. 335. It 
 was claimed by the counsel for Mariott's administrators that they were en- 
 titled to recover under this decision, irrespective of the act of 1867. Brown, 
 C. J., held, that the decision in 20 Md., did not cover the plaintiffs case ; 
 that nothing more was decided by it than that the Treasurer of the old Police 
 Board had a right, under the law of the State creating the Board, to draw 
 his check on the Farmers' and Planters' Bank for a portion of an unexpend- 
 ed balance on deposit to the credit of the Board, and that that right continued 
 until the Board was abolished by Act of Assembly. The Court of Appeals 
 did not decide that the members of the old Police Board had a right of 
 action against the city for the balance of salary due them from the date of 
 their forcible displacement by the military, from the 27th of June, 1861, 
 down to the time of their lawful abolishment by the act of Assembly, 18th 
 February, 1862, and that as the police were appointed and paid by the State, 
 no suit for pay claimed by them could lie against the city. The case was 
 therefore decided in favor of the defendant. 
 
 It was held under the acts of 1860, c. 7; 1862, c. Ill, and 1862, c. 131, re- 
 lating to the former Board of Police that, as a board of State officers, possess- 
 ing the power, among others, to make disbursements, they could not be 
 disturbed or their power suspended except by the legislature ; and the dis- 
 bursement of a portion of the fund for the payment of a salary of one of 
 
Police. 711 
 
 Article XXXVIII.— Ordinances. 
 
 the board, was a legal exercise of their official duty. A check given to one 
 of the board, and accepted by him in payment of his salary, must be held 
 to be a legal appropriation and disbursement, excluding to that extent the 
 board from any further control over the amount thus appropriated. Though 
 displaced by a force to which they yielded and could not resist, their powers 
 and rights under their organization were still preserved, and they were 
 amenable for any dereliction of official duty, except in so far as they were 
 excused by uncontrollable events. They were a board of State officers, 
 strictly within the jurisdiction of the State authorities, and the courts in de- 
 terming their rights and obligations, have no other guide than the statute 
 law of the State applicable to the case and the parties presenting the appeal. 
 Mayor &c. of Bolt. v. Howa/rd et. al. 20 Md. 335. The validity and constitu- 
 tionality of the act of 1860, c. 7, by which the Board of Police was created, 
 was determined in Mayor, &c. Bait. v. State ex. ret. of the Board of Police of 
 Bait. 15 Md. 376. Res. No. 22, Feb. 8, '60; 23, Feb. 11, '60. See Haheas 
 Corpus case of Young, Valiant and Thomson, in report of Police Commis- 
 sioners, Jan. 1867, and Res. Nos. 23, Nov. 13, '66; l.Jan. 22, '67; 3, Jan. 
 28, '67, and 249; May 25, '67. 
 
 Held before the establishment of the Police Board, that the corporation of 
 the city of Baltimore having, by its charter, power to prevent nuisances, was 
 liable in damages to the owner of a horse for an injury done the horse, oc- 
 casioned by the digging of a trench or hole in a street of the city, into 
 which the horse fell, the driver having used reasonable and proper care and 
 diligence to avoid the danger ; and Vuit the fact that the trench was dug by 
 the owner of a house fronting on the street, for the purpose of conducting 
 water on his premises from the water-pipes of the city, and that by the city 
 ordinances on the subject, the necessary excavation, filling up and paving 
 was to be'done by such owner, did not relieve the corporation from the obli- 
 gation under its charter, to keep the public highways free from nuisances 
 and in a condition to be safely traveled. 
 
 Mayor dec., Balto. v. Pennington & Harlan, 15 Md. 12. But see note, under 
 Art. XL VII, Streets, and following cases : 
 
 The Board of Police Commissioners are not made authorities of the City 
 of Baltimore as such by any provision of law. Although they exercise 
 authority within the city for public purposes and objects, and to aid in 
 maintaining good order therein, they have not derived their power from th© 
 corporation, nor have they been made amenable to the City for the faithful 
 discharge of their duties. Among their other duties they are specially 
 required to prevent and remove nuisances within the city. A person while 
 passing along one of the streets of Baltimore, was thrown down and injured 
 by being run against by a sled going along the street at a rapid rate of 
 speed. In an action against the City to recover damages for the injury, 
 Held : that the City was not responsible, inasmuch as it had no control over 
 the Board of Police Commissioners, who had exclusive charge of the re- 
 moval of the nuisance complained of. AUmter v. Mayor, dtc., 31 Md. 462. 
 See Flynn v. Canton Company, 40 Md. 312. 
 
712 Police. 
 
 Article XXXVIII.— Ordinances. 
 
 The Board of Police Commissioners and the police officers appointed by 
 the board are State officers, but they exercise the police power of tlie City 
 of Baltimore^ and it is their duty to enforce all the laws and ordinances of 
 the city, which can be enforced by the police. They have the power tc^ 
 prevent the commission of crime, and to arrest and detain offenders for a 
 hearing without warrant, wherever other police officers can do so by the 
 common law, that is, where the offence, whether by common law, by 
 statute, ordinances of the city or police regulations, is committed within 
 their view. Roddy v. Finnexjan, 43 Md. 492. 
 
 If a party not concerned in the violation of the law obstructs a police 
 officer while the latter is inquiring into circumstances, for the purpose of 
 enabling him to ascertain the offending party, such conduct is unlawful and 
 justifies the officer in arresting him. Ibid. 
 
 Police officers, like otlier officers of the law, are not to be maltreated in 
 the faithful discharge of their duty, free from malice, ill will, oppression or 
 the use of any unnecessary force, but are entitled to aid and assistance. If 
 they fail in the performance of duty, or their conduct proceeds from a spirit 
 of oppression or annoyance, they place themselves beyond the immunity 
 afforded by the law, and become offenders themselves and are liable to the 
 severest penalties. Ibid. 
 
 An ordinance [sec. 3, p. 183, ante,'] prohibited all persons from driving or 
 placing any horse attached to a wagon upon any of the footways of the 
 city. A. having purchased a load of hay from B., ordered tlie latter to de- 
 liver the hay at the window of his stable loft, and while it was being so de- 
 livered A. was arrested for a violation of the ordinance. In an action for an. 
 illegal arrest brought by A. against the officer making, it was held :■ 
 
 1. That if A. gave the order for the delivery of the hay at the window 
 and it could not be delivered without driving over the pavement, or if he 
 intended the wagon to be driven over the pavement, and B. so understood 
 the order; or if A. stood by and made no objection thereto, but acquiesced 
 in the act as done in pursuance of his direction, he was guilty of a violation 
 of the ordinance, and the officer was justifiable in making the arrest, if he 
 used no more force than was necessary to make the arrest and detention for 
 hearing effectual. 
 
 3. That finding the parties in the act of violating the ordinance the 
 officer was not only justified in making the arrest and detaining the offender 
 for a hearing, but his duty required him to do so upon his responsibility 
 as a police officer, without obtaining a warrant from any other quarter. 
 
 3. That the fact that A. had, prior to the unloading of the hay, and had 
 since, unloaded other hay into his stable loft while the horses and wagon 
 containing the same were placed upon the footway of the street for that 
 purpose, could not be used to show his intention in the matter in questitm. 
 
 im. 
 
 An indictment in the Criminal Court of Baltimore charged the defendant 
 with disobedience of an order of the Board of Police Commissioners of 
 
Police. 713 
 
 Article XXXVIII.— Ordinances. 
 
 Baltimore, issued on 23d July, 1877, (the time of the Baltimore riots), whereby 
 the said board, judging that the public peace and tranquility required the 
 same, and having lawful authority so to do, and in pursuance of the laws 
 of said State in that behalf, ordered any and all " bar-rooms, drinking- 
 houses, and all other places where liquor is usually sold in the city of 
 Baltimore, to be temporarily closed, tliat is to say, to be closed until further 
 notice." Held by the Court of Appeals, June 28, 1878, that: wlien the 
 board issues such orders it must be for a definite period, and if the danger, 
 at its close has not been averted, the time can be lengthened l>y another 
 order. For its indefiniteness the order was illegal, and the judgment of the 
 court below sustaining a demurrer to the indictment and discharging the 
 accused was alflrmed. State v. Strauss. 
 
 Just before the Fourth of July, 1873, the marshal of police issued an order 
 instructing the police to enforce the ordinance of the city against firing 
 crackers or other explosive combustibles within the city limits, [sec. 45, p. 299, 
 anteJ] The captain read the order to his men, one of whom very early on 
 the morning of the Fourth saw a boy standing in a cart or wagon in a 
 yard firing off crackers, one of which exploded in the air, and another fell 
 in the street. There was proof that the gate was open, and the officer en- 
 tered by it into the yard, and arresting the boy, took him to the station house, 
 about 7 o'clock, and he (tlie boy) was taken back and put in one of the cells 
 until the arrival of the justice, when he was fined and discharged. The 
 friends of tlie boy claimed that the police officer had no right without a 
 warrant to enter private premises to make an arrest for violation of a cor- 
 poration ordinance. Suit was brought against the officer before a justice of 
 the peace, and he fined the officer one cent. From this the police took an 
 appeal, for the purpose of having their rights authoritatively determined. 
 Brown, C. J., in City Court, December, 1872, reversed the decision of 
 the justice, and held that when a police officer saw a violation of law he 
 had a right to enter private premises and make an arrest without waiting 
 for a warrant. See MitcluU v. Lemon, note p. 412, ante. 
 
714 
 
 Pkinteb. 
 
 Article XXXIX. — Ordinances. 
 
 ARTICLE XXXIX. 
 
 PKINTER. 
 
 ORDINANCES 
 
 1. City Printer to be appointed an- 
 nually by convention of City 
 Council : duties : bond to be 
 approved by Mayor and Comp- 
 troller. 
 
 2. Joint Standing Committee o n 
 
 Printing and Stationery. 
 
 3. Prices to be paid printer. 
 
 No. 6, s, 2, Nov, 
 21, '71. 
 
 City Printer to 
 be appointed 
 annually by 
 convention of 
 City Council. 
 
 Duties. 
 
 To give bond 
 approved by 
 Mayor and 
 Comptroller. 
 
 No. 138 s. 5, 
 Oct. 21, '71. 
 
 ORDINANCES . 
 
 1. There shall be appointed on the second Tuesday of 
 November, and annually thereafter, by a convention of both 
 branches of the City Council, a person or firm of integrity, 
 who shall be bona fide engaged in the printing business in 
 the city of Baltimore, to execute the printing required by 
 both branches of the City Council, who shall perform the 
 duties required of him or them by this or any other ordi-r 
 nance, and who shall, before he or they shall enter upon the 
 discharge of his or their duties as such, execute a bond to 
 the corporation, with such security as the Mayor and Comp- 
 troller may approve, in the penal sum of five thousand 
 dollars, with the condition that he or they will faithfully 
 discharge the several duties incumbent upon him or them ; 
 which bond shall be deposited in such place as the Mayor 
 may select for depositing papers of that kind, and be de- 
 livered by him to his successor in office. 
 
 2. There shall be appointed, as other joint standing com- 
 mittees are appointed, three members of the Council from 
 
I 
 
 Printeb. 715 
 
 Article XXXIX. — Ordinances, 
 each branch, to constitute the joint standing committee on Joint standing 
 
 Committee on 
 
 printing and stationery, who shall order all printing or |[^{'.'^°|j*'*'* 
 other articles required by the Council, and examine and ap- 
 prove all bills for the execution of the same before they are 
 presented to the Comptroller for settlement. 
 
 3. For the work performed by the City Printer he may no. 6, s. i, Nov. 
 be allowed by the joint standing committee on printing and prices to be 
 stationery, for the work specified, if performed, and approved ^^ 
 by them, the following prices, to wit — For : 
 
 200 copies of the journals of first and second branches of journals First 
 
 the City Council, say 100 copies for daily use during Branciie*. 
 
 the session and 100 copies to be printed close work, and 
 bound as usual, including index, at for printing per 
 page $1 10 
 
 Binding 100 copies each of first and second branch Binding, 
 journals in the usual style, 200 books, at for bind- 
 ing per copy 50 
 
 1 copy of proceedings of each branch to be printed on proceedings, 
 
 writing paper, with space at the end of each day's pro- 
 ceedings for the signatures of the president and clerk 
 of the branch, including index, at for printing per page. 01 
 
 200 copies ordinances and resolutions of the Mayor and ordinances and 
 City Council of Baltimore, printed on 24x38, 50 lb. 
 S. S. & C. book paper, including index, at for print- 
 ing per page 1 10 
 
 Binding said 200 copies, as usual, per copy 25 
 
 200 copies of the reports of the several departments, ^*^'"ents' '^^' 
 
 rule and figure work included, including index, 
 printed on 24x38, 50 lb. S. S. & C. book paper, at 
 for printing per page 1 25 
 
 To binding 200 copies of the same, as usual, per copy.. 50 
 
 To printing 150 copies ditto, including covers and rule 
 and figure work, printed on 24x38, 60 lb. tinted 
 paper, 100 copies for first and 50 copies for second 
 branch City Council, at for printing per page 50 
 
716 Fkinteb. 
 
 Article XXXIX. — Ordinances. 
 
 Bills of each 70 copies of the bills of each branch on cap paper, 300 
 pages, at for printing per page, (no allowance to be 
 made for blank pages.) 1 00 
 
 Tablet cards. 100 copies tablet cards, containing lists of members of 
 City Council, 4 pages, on bristol board, at for print- 
 ing per page 1 50 
 
 Yeasand nays. 1000 ycas and najs, at for printing per 1000 2 50 
 
 1000 yeas and nays, in convention, at for printing per 
 1000 3 00 
 
 Rules and regu- 100 rulcs and regulations for government of both 
 
 lations. ° ^ 
 
 branches City Council, printed on 24x38, 60 lb. 
 
 tinted book paper, at for printing per page 80 
 
 To binding the same in full English cloth, with side 
 lettering iu gilt, at per copy 01 
 
 Committees. 100 cards, list of committecs of City Council, printed 
 
 on best bristol board, at for printing per 100 8 00 
 
 Mayor's mes- 1000 copics Mayor's mcssagc, or any other report or- 
 dered by special resolution of the City Council, 
 printed on 24x38, 50 lb. tinted or S. S. & C. book 
 paper, including covers, and rule and figure work, at 
 
 for printing per page .1 75 
 
 1000 copies, more or less, Mayor's message translated 
 into the German language, printed on 24x38, 50 lb. 
 S. S. & C. book paper, including covers and rule 
 and figure work (24 pages, more or less,) ordered by 
 special resolution, at per printing and translating 
 per page 2 25 
 
 Work not enu- And for all work not enumerated herein, or any additional 
 
 merated. 
 
 quantities, such prices as may be determined upon by the 
 joint standing committee on printing and stationery.* 
 
 * See sees. 15, &c. p. 19, ante, and Librarian, Art. XXXII. 
 
Kailboads. 
 
 717 
 
 Article XL. 
 
 ARTICLE XL. 
 
 RAILROADS. 
 
 STATUTE. 
 Power to Mayor and City Council to construct railways on streets. 
 
 ORDINANCES . 
 
 11. 
 12. 
 
 CAE8. 
 
 Railway cars not to stand on 
 streets unless chained : mode 
 of chaining: penalty: not to re- 
 main on streets on Sunday : 
 proviso. 
 
 Penalty for removing cars, &c. 
 
 Where cars may be loaded and 
 unloaded : penalty : 
 
 Cars, &c. not to be placed across 
 flagstones: penalty. 
 
 Streets between railroads and 
 footways not to be obstructed : 
 penalty. 
 
 Railroad cars regulated : penalty. 
 
 Rate at which railroad cars may 
 move: penalty. 
 
 Vehicles in passing railways to 
 take the right. 
 
 Not more than two cars in con- 
 nection to be moved on track : 
 
 Minors not to jump on or off 
 railroad cars : exception : pen- 
 alty. 
 
 TRACKS AND SWITCHES. 
 
 Railway tracks regulated. 
 To be kept in good condition: 
 penalty. 
 
 LOCOMOTIVE ENGINES. 
 
 Permission to use locomotive en- 
 gines on certain streets. 
 
 Locomotive engines regulated : 
 bell to be rung : penalty. 
 15. Penalty for using steam engines 
 in city : exception : penalty. 
 
 Permission to use wood as well 
 as coal or coke. 
 
 Speed regulated. 
 
 Application of ordinance. 
 
 13. 
 
 14 
 
 RAILWAYS. 
 
 19. Railways to be examined : ordi- 
 
 nance to be enforced. 
 
 20. When obstruction to be removed. 
 
 21. Obstructions of gutters to be re- 
 
 moved . 
 
 22. Penalty for obstruction. 
 
 RAILWAY TRACKS ACROSS BRIDGES. 
 
 23. How tracks over bridges shall be 
 
 laid: penalty. 
 
 RIGHT OF WAY. 
 
 24. Who entitled. 
 
 25. City passenger railway cars. 
 
 26. Penalty. 
 
718 
 
 Railkoads. 
 
 Article XL. 
 
 BALTIMORE CITY PASSENGER RAIL- 
 WAY. 
 
 27. Empowered to lay tracks on 
 
 streets-: single tracks: double 
 tracks. 
 
 28. Su pervision of the building of the 
 
 road : rails : time for completing 
 the tracks : in case of failure. 
 
 29. The gauge. 
 
 30. Conditions for laying down said 
 
 tracks. 
 
 31. Kegulations for running cars: 
 
 fare. 
 
 32. Length of time the cars to run : 
 
 speed. 
 
 33. Stock subscription books to be 
 
 opened: notice to be given: 
 excess of stock. 
 
 34. Required to purchase property of 
 
 omnibus lines : in case of disa- 
 greement: proviso. 
 
 35. In case of becoming incor- 
 
 porated. 
 
 36. Materials, how and where ob- 
 
 tained : labor, how performed. 
 
 37. How the streets shall be kept 
 
 and at whose expense : penalty 
 for non-compliance. 
 
 38. Abandonment of any route. 
 
 39. Privilege to purchase the stock 
 
 of city railway : in case of dis- 
 agreement as to value of said 
 stock. 
 
 40. What part of gross receipts to be 
 
 paid to City Register : how it 
 shall be applied : power to re- 
 duce fare. 
 
 41. Grantees to give bond. 
 42-43. Additional tracks. 
 
 44. Speed during market hours along 
 Hanover market: obstructing 
 cars: penalty. 
 
 45-58. Additional tracks. 
 
 citizens' railway company. 
 
 59. Authority to lay railway on cer- 
 tain streets. 
 
 60. How to be built. 
 
 61. Grades of streets. 
 
 62. Cars not to remain standing • 
 
 fare. 
 
 63. Opening of stock books. 
 
 64. If incorporated. 
 
 65. Streets to be kept repaired. 
 
 66. What part of receipts to park 
 
 fund. 
 
 67. To give bond. 
 •68. Streets. 
 
 69. Double or single tracks. 
 70-77. Additional tracks. 
 
 BALTIMORE, PEABODY HEIGHTS AND 
 WAVERLY RAILROAD. 
 
 78. Tracks. 
 
 79. To be laid subject to inspection 
 
 and approval of City Commis- 
 missioner : proviso : penalty 
 for non-compliance. 
 
 80. Tracks to conform to grades of 
 
 streets: streets to be kept in 
 proper repair : free from snow, 
 &c. 
 
 81. Tracks not to be used by street 
 
 vehicles: fine. 
 
 82. Quarterly statement to City Reg- 
 
 ister: tax: license. 
 
 83. Completion of work : proviso. 
 
 84. Intervals of time at which cars 
 
 shall be run : penalty. 
 
 85. Bond. 
 
 86. Privilege to use track on Charles 
 
 street, between Fayette and 
 German streets : consideration. 
 
 87. Books of subscription : notice in 
 
 daily papers. 
 
 88. Assignment: additional tracks. 
 
 89. Right of way to other roads to 
 
 run cars on track : considera- 
 tion. 
 
 90. Requirements: bond to Balto., 
 
 Peabody Heights and Waverly 
 Railroad. 
 
 91. Double track on Howard street. 
 
Kailboads. 
 
 719 
 
 Article XL. 
 
 BALTIMORK AND YORKTOWN TURN- 
 PIKE. 
 
 92. Authorized to lay tracks on 
 
 North avenue, &c. 
 
 93. Superintendence of work: 
 
 grades : water courses : pas- 
 sengers for pay. 
 
 94. Cars not to remain standing on 
 
 streets: police regulations: 
 fare. 
 
 95. Streets to be repaired at expense 
 
 of company : snow and other 
 obstructions : penalty, 
 
 96. What part of gross receipts to 
 
 City Register: penalty: city 
 boundary avenue. 
 
 97. Right to change price of fare. 
 
 98. Forfeiture of right. 
 99-102. Additional tracks. 
 
 REDUCTION OF TAX. 
 
 103. Twelve per centum of gross re- 
 
 ceipts to be paid to city. 
 
 104. Agreement: Slawson fare 
 
 boxes : children's fare. 
 
 105. Penalty for non-payment of 
 
 tax. 
 
 106. Slawson boxes on B., P. H. & 
 
 W. P. R.: proviso : amounts 
 I due by companies. 
 
 107. License on cars. 
 people's passenger railway. 
 
 108. On what streets tracks to be 
 laid. 
 
 109. Rails : inspection of City Com- 
 missioner: penalty. 
 
 110. Repaving: obstructions: pen- 
 alty. 
 
 111. Vacating track for cars: pen- 
 alty. 
 
 112. Fare: tax: license. 
 
 113. Time within which work to be 
 begun and done. 
 
 114. Intervals of running cars. 
 
 115. Bond. 
 
 116. Board of directors: majority 
 residents of Baltimore city. 
 
 DRUID HILL PARK RAILWAY. 
 
 117. Park Commission to lay down 
 
 railway tracks on North ave- 
 nue, &c. 
 
 118. Route: fare. 
 
 BALTIMORE AND HALL'S BFRINOS 
 RAILWAY. 
 
 119. Tracks. 
 
 120. Manner in which tracks shall 
 
 be laid. 
 
 121. Tracks to conform to grades of 
 
 streets. 
 
 122. Tracks not to be used by ve- 
 
 hicles: penalty. 
 
 123. Fare: quarterly statement to 
 
 City.Register: tax: license. 
 
 124. Completion of work. 
 
 125. Turnouts or sidings. 
 
 126. Bond. 
 
 127. Turnout or siding. 
 
 128. IIow constructed. 
 
 129. Indebtedness to city : tax after 
 
 January 1st, 1876. 
 
 130. Switches on Harford, Central 
 
 avenue, Aisquith street, «&c. 
 
 BALTIMORE AND HERRING BUN 
 RAILROAD. 
 
 131. Tracks. 
 
 132. Manner in which tracks shall 
 
 be laid : proviso : penalty. 
 
 133. Tracks to conform to grades of 
 
 streets. 
 
 134. Tracks not to be used by vehi- 
 
 cles: penalty. 
 
 135. Fare: quarterly statement to 
 
 City Register : tax : license. 
 
 136. Completion of work. 
 
 137. Bond. 
 
 BALTO. AND RANDALL6T0WN R. R. 
 
 138. Tracks. 
 
 139. Tracks to be laid subject to ap- 
 
 proval of City Commissioner. 
 
 140. To correspond to the grade of 
 
 the streets : streets to be kept 
 paved and in proper repair: 
 free of snow, «&c. 
 
720 
 
 Railroads. 
 
 Article XL. 
 
 141. Street vehicles prohibited from 
 using track: Police regula- 
 
 166. 
 
 
 tions. 
 
 167 
 168. 
 
 BALTIMOKE AND OHIO RAILROAD. 
 
 
 142. 
 
 Authorized to introduce railroad 
 
 
 
 into city. 
 
 169. 
 
 143. 
 
 From depot to city property, 
 east of Jones' Falls. 
 
 170. 
 
 144. 
 
 On Camden street: Pratt and 
 Camden streets connected. 
 
 
 145. 
 
 On Green to Franklin street 
 &c. 
 
 171. 
 
 146. 
 
 The company not complying. 
 
 
 147. 
 
 On Howard and Liberty to Bal- 
 timore street: on Baltimore 
 
 172. 
 
 
 street to city property, east of 
 
 173. 
 
 
 Jones' Falls: track com- 
 
 
 
 pleted. 
 
 
 148. 
 
 On High, Hillen and Exeter 
 
 
 
 streets. 
 
 174. 
 
 149. 
 
 Turn-outs. 
 
 
 150. 
 
 Cars drawn by animal power : 
 
 
 
 speed regulated : penalty. 
 
 175. 
 
 151. 
 
 Passenger cars speed. 
 
 
 152. 
 
 AVhen rails and obstructions 
 
 176. 
 
 
 may be removed. 
 
 177. 
 
 153. 
 
 To construct railways within 
 the city, reserved : collecting 
 
 
 
 toll. 
 
 178. 
 
 154. 
 
 Railway to be kept in repair. 
 
 179. 
 
 155. 
 
 To lay rails in certain streets. 
 
 
 156. 
 
 How governed. 
 
 180. 
 
 157. 
 
 City Commissioners duty in re- 
 spect to railways connected 
 
 
 
 with main stem of B. & 0, 
 
 181. 
 
 
 RR. 
 
 
 158. 
 
 Mode of assessing expense of 
 railway. 
 
 182. 
 
 159. 
 
 Of collecting such assessment. 
 
 183. 
 
 160. 
 
 Grades of streets, how altered. 
 
 
 161. 
 
 Private railway authorized. 
 
 184. 
 
 163. 
 
 Gutters not to be obstructed. 
 
 185. 
 
 163. 
 
 Private railway authorized. 
 
 186. 
 
 164. 
 
 What railways may be con- 
 
 187. 
 
 
 structed. 
 
 188. 
 
 165. 
 
 Mayor may sign application. 
 
 189. 
 
 Railway may be laid otherwise 
 than on a street. 
 
 Restrictions. 
 
 B. & O. R. R. Co. authorized to 
 construct railway on Alice 
 Anna and other streets. 
 
 How governed. 
 
 B. &. O. R. R. Co. permitted to 
 construct a branch on their 
 road to south side of basin : 
 proviso. 
 
 What articles to be transported 
 on said road : exempt from 
 wharfage. 
 
 Company may construct 
 wharves. 
 
 Company authorized to con- 
 struct a branch road from 
 Pratt street to any part of 
 Fell's Point. 
 
 What articles exempt from 
 wharfage: articles of trans- 
 portation, &c. 
 
 Privileges granted to said com- 
 pany : proviso : steam engine. 
 
 Damages to property, life, &c. 
 
 B. & O. R. R. Co. authorized to 
 lay single track on certain 
 streets: proviso. 
 
 Street grades not to be altered. 
 
 Track on Concord street: pro- 
 viso. 
 
 Autliorized to change curves at 
 President and Howard streets: 
 proviso. 
 
 Railroad track on South Paca 
 street. 
 
 Not to occupy more than 
 twenty-four feet width. 
 
 Railroad track on south Charles 
 street: proviso: notice. 
 
 Branch road. 
 
 Restrictions. 
 
 Grades of streets. 
 
 Reservations to city. 
 
 Additional track. 
 
 Switch, &c. 
 
Kailboads. 
 
 721 
 
 Article XL. 
 
 194. 
 
 195. 
 196. 
 
 197. 
 198. 
 199. 
 200. 
 
 201. 
 
 202. 
 203. 
 
 190. Authorized to change grade of 
 
 Fort avenue : expense. 
 
 BALTIMORE AND POTOMAC RAILROAD. 
 
 191. Authority to construct railway 
 
 in city : in what streets. 
 
 192. Tunnels: grades: proviso. 
 
 193. Construction of tunnels : penal- 
 ty- 
 Conditions : Western Maryland 
 
 Railroad: Union Railroad. 
 Depot. 
 Construction of road across 
 
 turnpikes and avenues. 
 Ventilation to tunnel. 
 Railroad along streets, &c. 
 How governed. 
 Time limited: completion of 
 
 tunnel : proviso. 
 Water and gas mains. 
 Signals. 
 Offices and president. 
 
 NORTHERN CENTRAL RAILROAD. 
 
 204. Track of railway agreeably to 
 plat in Register's office : 
 Mayor, &c., to lay off ground 
 for depots : to revert to city. 
 
 Railways to be removed when 
 required. 
 
 Turn-outs. 
 
 Cars drawn by animal power: 
 speed. 
 
 208. Railways kept in repair. 
 
 209. Right reserved to come in with 
 
 the main stem. 
 Extending railroad along 
 
 streets. 
 Time limited for laying rails. 
 Mayor authorized to remove. 
 Location of railroad on Wilk 
 
 and Exeter streets. 
 Railroad extended to tide water. 
 
 215. Where tracks may be laid : tun- 
 
 nels. 
 
 216. Locomotives may be used. 
 
 217. Connection with main stem. 
 
 218. Reservation to city. 
 
 205. 
 
 20(5. 
 207. 
 
 210. 
 
 211. 
 212. 
 213. 
 
 214. 
 
 219. 
 220. 
 221. 
 222. 
 223. 
 224. 
 
 225. 
 226. 
 
 227. 
 
 228. 
 229. 
 
 230. 
 231. 
 232. 
 
 233. 
 
 234. 
 
 235. 
 236. 
 237. 
 238. 
 
 239. 
 
 240. 
 241. 
 
 242. 
 243. 
 
 244. 
 245. 
 
 Grades to be established. 
 
 City to have supervision. 
 
 Terminus. 
 
 Rates of tonnage. 
 
 Wharves and coal shutes. 
 
 Tracks through Central avenue, 
 &c. 
 
 Conditions. 
 
 Powers and privileges to N. C. 
 R. R. Co. 
 
 Permission to lay down track 
 on Belair avenue. 
 
 Conditions, &c. 
 
 Engines not to pass except be- 
 tween certain hours : penalty. 
 
 To give bond. 
 
 Damages, how recovered. 
 
 Streets to be placed in good 
 condition. 
 
 Company not to be released 
 from obligations, &c. 
 
 To lay two tracks on said ave- 
 nue. 
 
 Powers reserved. 
 
 lioute on Canton extension. 
 
 Penalty. 
 
 Change of route, plan and pro- 
 file. 
 
 Offices to be located in Balti- 
 more : bridges and streets to 
 be kept in order. 
 
 Plats to be deposited. 
 
 Domain in streets. 
 
 Assent to ordinance. 
 
 Track on Eastern avenue : pro- 
 viso. 
 
 Powers reserved. 
 
 Red lights: bells on horses: 
 penalty. 
 
 PHILADELPHIA, WILMINGTON AND 
 BALTIMORE RAILROAD. 
 
 246. Tracks laid along Fleet street, 
 
 &c.: proviso: assent of 
 Mayor. 
 
 247. Railroad not to obstruct streets : 
 
 remedy : duty of Mayor. 
 
T22 
 
 Railroads. 
 
 Article XL.— Statute. 
 
 248. Canton Company to construct a 
 track on Chester and Alice 
 Anna streets : proviso : tracks, 
 how coustrucfed : when P. 
 W. & B. R. R. to use locomo- 
 tive engines on tracks. 
 
 UNION RAILROAD. 
 
 349. To lower bed of Belair avenue : 
 bridge: proviso. 
 
 250. To occupy beds of John and 
 
 Wolfe streets : proviso : how 
 changes made. 
 
 251. Authorized to construct its rail- 
 
 road under Belvidere street : 
 provisos. 
 
 WESTERN MARYLAND RAILROAD. 
 
 253. Tram railway : how laid. 
 
 BALTIMORE, CALVERTON AND POW- 
 HATAN RAILROAD. 
 
 Incorporation, &c. 
 
 BALTIMORE, CANTONSVILLE, AND EL- 
 LICOTT'S MILLS PASS. RAILWAY. 
 
 Incorporation, &c. 
 
 BALTIMORE AND DELTA RAILWAY. 
 
 Incorporation, &c. 
 
 BALTIMORE, HAMPDEN AND LAKE 
 ROLAND RAILROAD. 
 
 Incorporation, &c. 
 
 BALTIMORE, HIGHLANDTOWN AND 
 BIVERVIEW RAILROAD. 
 
 Incorporation, &c. 
 
 BALTIMORE AND PIKESVILLE RAIL- 
 ROAD. 
 
 Incorporation, &c. 
 
 CARROLLTON AVENUE RAILROAD. 
 
 Incorporation, &c. 
 
 STATUTE. 
 
 P. L. L., art. 4, The Major and City Council may, on the application or as- 
 c. 252. ' ' sent in writing of the owners of the major part in extent of 
 
 Power to con- 
 struct railways 
 on streets. 
 
 Sidelings. 
 
 front feet of the lots fronting on each side of any street, or 
 part of a street, pass such ordinances as shall be necessary for 
 the construction of any track or tracks of railway on and 
 along any such street; and may permit and cause such altera- 
 tion in the grade of such street as may be necessary for the 
 more convenient and useful construction of such railway, and 
 may levy and assess on all the lots fronting on the street, or 
 part of a street, or on the owners of such lots, their just pro- 
 portion of expense of such construction, and enforce the pay- 
 ment thereof; and the proprietor of any lot in front of which 
 any railway shall be so constructed, and the just proportion 
 of constructing which shall be paid by him, shall be entitled 
 at his own expense to have a convenient sideling or turnout 
 made to enable him to have the beneficial use of said railway. 
 
Kailkoads. 723 
 
 Article XL. — Ordinances. 
 
 ORDINANCES. 
 CARS. 
 
 1. It shall not be lawful for any railroad company, or any No. 34,8. i, r. 
 other person or persons or company, owning any car or cars^ Railroad cars 
 to permit such car or cars, when not in actual service, to re- streets unies* 
 main in any paved street for a longer period than one hour, 
 
 unless there be some chain or other fastening affixed to the 
 wheels of every such car, except when several cars may be 
 connected together, in which case the said chain or fastening 
 shall be attached to one of the said cars, so as to prevent the Mode of chain- 
 car or cars from being moved by any person or persons, with- 
 out violently breaking or removing the said chain or other 
 fastening, and keep the said chain or fastening affixed as 
 aforesaid, until the same may be regularly removed by the 
 agent or person in the actual service of the said person or 
 persons or company, owner or owners of any such car; and 
 for every violation of the provisions of this section, the per- 
 son or persons or company, owner or owners of the car or 
 cars so remaining, and nOt chained or fastened as aforesaid, 
 shall forfeit and pay, for each and every violation thereof, not 
 less than one nor more than twenty dollars ; and any person penalty, 
 or persons, company, owner or owners, as aforesaid, who shall 
 permit any car to remain in any paved street on Sunday, shall Not to remain 
 forfeit and pay five dollars for every car so remaining ; pro- Sunday. 
 vided, this section shall not be extended to cars engaged in the proviso, 
 operation of making or repairing any railways or pavements 
 within the city. 
 
 2. It shall not be lawful for any person, other than an agent iwd, a. 2. 
 or person in the actual service or employ of the railroad com- penalty for 
 
 moving cara, 
 
 pany, or other person or persons, or company, owning any car &c. 
 or other carriage on any railway within the city, without the 
 consent or permission of the person rightfully having charge 
 of the particular car, to put or attempt to assist to put any 
 
724 Kailkoads. 
 
 Article XL. — Ordinances. 
 
 car in motion on any railway within the city, or to go on or 
 into, or attempt, or assist any other person to get on or into 
 any such car, or to" remove, unfasten or break, or attempt or 
 assist to remove, or unfasten or break any chain, lock or other 
 fastening by which any such car or carriage shall be fastened 
 or restrained from motion, or from being put in motion ; and 
 any person offending in the premises, shall forfeit and pay a 
 sum not less than one nor more than twenty dollars. 
 
 Ibid, 6.3. 3. It shall not be lawful for any person or persons to load 
 
 Where cars may or unload any railroad car in any of the streets, lanes or 
 
 be loaded and 
 
 unloaded. allcys of the city, within the limits of direct taxation, except 
 at the several depots, or by the consent of occupiers of houses 
 or lots immediately opposite their respective premises, or load or 
 unload coal, on or from any railroad car or cars, on any of the 
 streets, lanes or alleys of the city, unless by the consent of the 
 occupants of houses or lots opposite to the point where said 
 persons may wish to load or unload said car or cars, under a 
 
 Penalty. penalty of five dollars for each and every offence. 
 
 Ibid, s. 4. 4. It shall not be lawful for any railroad company, or any 
 
 Cars, &c., not to othcr pcrsou or persons, or company, owning any car or cars, 
 
 be placed across ^ i i i i j 
 
 flagstones. to placc or causc to be placed any passenger car, burden car, 
 
 wagon or other vehicle on any railroad within the limits of 
 
 direct taxation, in such manner as to obstruct the passage of 
 
 foot passengers on any of the flag-stones at any of the cross 
 
 streets within said limits, under a penalty of five dollars for 
 
 each and every offence, and a further penalty of five dollars 
 
 for any car which may remain for an hour after notice given to 
 
 remove the same. 
 
 Ibid, 8. 5. 5. It shall not be lawful for any company, person or per- 
 
 streets between sons, to placc any railroad cars of any description, on any 
 
 footways^not to tum-out or pHvatc switch, within the limits of direct taxation, 
 
 in such manner as to obstruct the free passage along the line 
 
 of the street between the railroad and the footway, under a 
 
 Penalty. penalty of five dollars for each and every offence. 
 
Railboads. 725 
 
 Article XL. — Ordinances. 
 
 6. It shall not be lawful for any company, person or per- ibw, s. 6. 
 sons, to place any railroad cars of any description, along the Railroad cars 
 
 . , regulated. 
 
 line of any street, in such manner as to prevent the passage 
 of foot passengers, carts or drays, from one side of the street 
 to the other, on any one square occupied by railroad cars ; but 
 in all cases, the company, person or persons, so occupying 
 the street with railroad cars, shall leave an opening or space 
 of not less than twenty feet, at or near the centre of the 
 square, or at equal distances from the two nearest cross streets, 
 under a penalty of not less than ten dollars for each and every Penalty, 
 offence. 
 
 7. No passenger or burden car shall be driven on any of iwd, a. 7. 
 the railways within the limits of direct taxation, (except in Rate at which 
 
 •,. , , in 1 • 1 • railroad cars 
 
 ascending the heavy grades oi streets, which may require a may move, 
 greater speed, when the rate shall not exceed six miles an 
 hour,) at any faster gait than a walk, and at no time move 
 without a brakesman, in addition to the driver, under the pen- Penalty, 
 alty for each and every oftence of twenty dollars. 
 
 8. It shall be the duty of every person having charge of iwd, ». s. 
 or driving any cart, dray, wagon or other carriage, which shall vehicle* in 
 be passing on or along any street in which any railway is or way3"t^ take 
 shall be laid within the city, to travel or pass only on the 
 
 right hand side, between the curb stone and the track of the 
 railway, except when prevented by some obstruction in the 
 street, or when it shall be necessary, for any sufficient cause, 
 to cross or pass over such railway to the opposite side. 
 
 9. It shall not be lawful for any person or persons, corpo- ibid, s. 9. 
 ration or company, to move or cause to be moved, more than Not more than 
 
 two cars In con 
 
 two railroad cars in connection, upon any railroad track lead- necuontobe 
 
 ' ^ •' moved on track. 
 
 ing through any of the streets of the city, where the descent 
 of said road does not require the aid of propelling power, 
 under the penalty of twenty dollars for each and every penalty, 
 offence. 
 
726 
 
 Railkoads. 
 
 Article XL. — Ordinances. 
 
 No. 11, Mar. 3, 10. It shall Dot be lawful for any minor not in the employ 
 of the railroad company, to jump on or from any railroad car, 
 except the city passenger railway, whilst such car is in mo- 
 tion, under a penalty of one dollar for every such offence, to be 
 collected as other fines and penalties are now recoverable. 
 
 Minors not to 
 jump on or off 
 railroad cars. 
 Exception. 
 Penalty. 
 
 TRACKS AND SWITCHES. 
 
 No. 54,8.1,1854. 11. All railroad tracks and switches now laid, and those 
 Railway tracks that may bc hereafter laid in any of the streets, lanes or 
 
 regulated. 
 
 alleys in the city of Baltimore, shall be filled up between the 
 rails thereof within one and a half inches of the top of the 
 iron rails, and raised with a convex form in the centre even 
 with the top of said rails, with good even stone pavements, or 
 by planking the same with two inch oak plank. 
 
 Ibid, 8.2. 12. The owners and occupiers of all railroads and switches 
 
 To be kept in above referred to shall at all times keep them in good condi- 
 
 good condition. . .iiii.t 
 
 tion, as prescribed by this ordinance, under a penalty oi ten 
 Penalty. dollars for every day (after notice shall have been given) that 
 
 any part thereof shall, in the opinion of the City Commis- 
 sioner, require repairing ; and in case of the neglect or refusal 
 to do the same within the time specified in said notice, then 
 said commissioner shall have the same done in a good and 
 sufficient manner, at the expense of said owner or occnpier. 
 
 LOCOMOTIVE ENGINES. 
 
 No. 67, s. 1, R. 13. The Northern Central Kailway Company are hereby 
 Permission to authorized to usc locomotivc engines, adapted to a low speed, 
 
 use locomotive , -t i i tvt i i /» /-t i 
 
 engines on car- on the railroad track on JNorth street, to and irom Calvert 
 
 tain streets. 
 
 station : the Baltimore and Ohio Railroad Company are 
 authorized to use locomotive steam power upon their tracks 
 between the city limits and Camden station, and along Pratt 
 street, upon their track, from Howard street to the Mount 
 Clare station ; and the Philadelphia, Wilmington and Balti- 
 
Kailboads. 
 
 727 
 
 Article XL. — Ordinances. 
 
 more Railroad Company are authorized to use locomotive 
 engines on their railway track, between the eastern boundary 
 line of the city and depot at the intersection of Canton avenue 
 and President street. 
 
 14. When a locomotive engine is used within the limits iwd, s. 2. 
 of the city, a man shall be required to ride on the front of the Locomotive 
 
 •' ^ ^ engines regu- 
 
 locomotive engine when going forward, and when going back- !**«''• 
 ward on the tender, not more than twelve inches from the 
 bed of the road, nor shall any locomotive engine be propelled 
 at a greater rate of speed than live miles per hour, except 
 when there are grades requiring a greater speed, and then it 
 shall not exceed the rate of six miles per hour ; and the per- 
 son or persons having charge of such locomotive engine shall 
 ring a bell when approaching any and every cross street, and Beii to be rung, 
 no steam whistle attached to any locomotive engine shall be 
 used within the limits of the city, except at the Mount Clare 
 and Camden stations, and between said stations and the city 
 limits ; for any violation of the conditions herein set forth, the 
 company so violating shall forfeit and pay the sum of ten Penalty, 
 dollars for each and every offence. 
 
 15. If any railroad company shall use or cause to be used iwd, s. 3. 
 any locomotive engine or engines propelled by steam on any Penalty for 
 railway track within the city of Baltimore, other than those pnes in city 
 where authorized by ordinances of the city, the company Exception, 
 shall forfeit and pay for every such offence the sum of twenty Penalty, 
 dollars, to be collected as other fines and penalties of the city. 
 
 16. Privilege is granted the several railroad companies to ibia, 8.4. 
 use wood as well as coal or coke as a fuel for steam within the Permission to 
 
 use wood as 
 
 limits of the city of Baltimore ; provided, however, that "^^^^^^ '^""^ °' 
 nothing herein contained shall be so construed as to prevent Proviso. 
 the Mayor and City Council of Baltimore from repealing all 
 or any part of this ordinance, whenever they may deem it 
 expedient. 
 
728 Kailroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, 8. 6. 17. No cars with or without horse power, shall, under the 
 
 Speed regH- Same penalty imposed by section fourteen hereof, be propelled 
 
 at a greater speed than four miles an hour, within the city of 
 
 Baltimore, unless attached to engines as provided for in said 
 
 section fourteen. 
 
 Ibid, 8. 6. 18. This ordinance is intended to apply to all locomotive 
 
 Application of engines that now are or may hereafter be used within the 
 
 ordinance. 
 
 limits of the city of Baltimore.* 
 
 RAILWAYS. 
 
 No.6,Api.3,'5o. 19. It shall be the duty of the City Commissioner from 
 
 Railroad tracks time to time to cxamine the construction of the several rail- 
 to be examined , i-ni t i t • i • ^ • i 
 
 way tracks authorized by ordinances to be Jaid within the 
 limits of the city, and to report to the Mayor any obstruction 
 or impediment to the ordinary use of any street or streets, 
 caused by the said tracks being improperly laid and not being 
 in conformity with the provisions of the ordinances author- 
 izing their construction ; and it shall be the duty of the Mayor 
 Ordinance to be to cnforcc the Ordinance relating to the removal of said tracks, 
 unless in his judgment the remedy shall be furnished by the 
 enactment contained in the succeeding section. 
 
 * In running its engines and cars, in the thronged streets of a populous 
 city, a railroad company is required to use a higher degree of caution than 
 •would be necessary when moving in the open country. A railroad com- 
 pany is bound to use precaution and vigilance corresponding with the dan- 
 gerous results which may be occasioned by the negligent use of its machinerj^ 
 A railroad company, in the lawful pursuit of its business, is bound to use 
 such reasona ble care and diligence as prudence would suggest and require 
 in the passage of its locomotives throiigh the thoroughfares of a city. Where 
 a railroad company does not conform to the city ordinances, it is responsible 
 for any accident occasioned by it, unless the injured party was also in fault. 
 If the company failed with regard to such requirements, it is then not in the 
 lawful pursuit of its business, and not entitled to the consideration of the 
 law whose injunctions it has disregarded. Under such circumstances the 
 highest possible vigilance could not protect it from the consequence of its 
 lawless act. B. & 0. R. B. Co. v. State, use of Miller, 29 Md. 253. See B. & 
 0. B. B. Co. V. Bahrs, 28 Md. 647. 
 
Railroads. 729 
 
 Article XL. — Ordinances. 
 
 20. It shall and may be lawfal for the Mayor of the City ibid, s. 2. 
 
 to exercise his discretion in all cases where an obstruction or when obstruc- 
 tion to be re- 
 impediment is caused by the mode of construction of any rail- moved. 
 
 way within the city, to the ordinary use of said street, to have 
 
 the said track entirely removed, or to have the said track so 
 
 altered or arranged as to abate the evil complained of, by 
 
 giving notice to said companies or owners of said railway 
 
 track, who shall be allowed a reasonable time to make said 
 
 alteration under the direction of the City Commissioner; and 
 
 upon a failure on the part of said companies or owners to 
 
 comply with the said notice, it shall be the duty of the City 
 
 Commissioner to have the said work done, and the bills shall 
 
 be collected from the owners of said railway tracks by legal 
 
 proceedings, if the same shall be disputed or remain unpaid 
 
 for the space of thirty days. 
 
 21. It shall be the duty of the City Commissioner toiwd, 8.3. 
 examine the constiuction of said railways, and enforce strictly obstruction or 
 
 11 1 .. /»j. !• It . .gutters to be 
 
 all the provisions of ordinances relating to the obstruction ot removed, 
 the gutters caused by the laying of said railway tracks ; and 
 in all cases of obstruction and impediments of any kind 
 arising from the improper construction of railway tracks, in 
 which no other remedy is now provided by ordinance, it shall 
 be the duty of the City Commissioner to give notice to the 
 owners of said railway tracks that unless the said obstructions 
 be removed or altered so as to remedy the evil complained of 
 within a reasonable time, that the City Commissioner shall 
 proceed to have the said railway reconstructed at the cost of 
 the owners aforesaid. 
 
 22. If at any time hereafter any railway shall be con- iwd, s. 4. 
 structed within the limits of the city, in the mode or manner penalty for ob- 
 so as to obstruct the ordinary use of the street or streets in 
 
 which the said railway shall be laid down, the owners of said 
 railway shall be subject to a penalty of one hundred dollars, 
 and be liable to a line of five dollars for each and every day 
 
730 Railroads. 
 
 Article XL. — Ordinances. 
 
 such obstructions shall be permitted to remain after notice of 
 the City Commissioner to remove the same. 
 
 RAILWAY TRACKS ACROSS BRIDGES. 
 
 No. 12, Feb. 20, 23. It shall not be lawful for any passenger railway com- 
 How tracks pauy to coustruct any railway track over any of the bridges 
 
 oxer bridges ^ •' J J J b 
 
 shall be laid, belonging to the city of Baltimore in any other manner than 
 by notching the regular form of rail, or by laying a bar three 
 fourths to one inch in thickness on the top of the floor of the 
 bridge ; and any person or persons or body corporate who shall 
 violate the provisions of this section, shall forfeit and pay a 
 
 Penalty. penalty of twenty dollars, and a further penalty of ten dollars 
 
 for every day such violation shall be continued, to be recovered 
 in the same manner as other fines and penalties are now re- 
 coverable. 
 
 RIGHT OF WAY. 
 
 No. 98, Oct. 19, 24. All vehicles going in the same direction, and upon the 
 Who entitled to track with a passenger railway car, shall be entitled to the 
 right of way of such track, and not compelled to leave the 
 same for vehicles travelling in an opposite direction. 
 
 Ibid, s. 2. 25. This ordinance shall not in any way conflict with the 
 
 City Passenger right of Way already granted the several city passenger rail- 
 way companies for the use of their tracks. 
 
 Ibid, s. 3. 26. Each and every person violating the provisions of this 
 
 Penalty. Ordinance shall be liable to a penalty of two dollars, the same to 
 
 be collected as all other fines imposed by ordinances of the 
 
 city. 
 
 BALTIMORE CITY PASSENGER RAILWAY. 
 
 No. 44, Mar. 38, 27. By Ordinance No. 44, March 28, 1859, the persons 
 Empowered to therein named and others were authorized and empowered to 
 streets. ' lay a double track of city passenger iron railways on"^ Balti- 
 
 more street, from the western limits of the city to Broadway ; 
 
Railroads. 731 
 
 Article XL. — Ordinances. 
 
 thence along Broadway, diverging at Canton avenue, on each 
 side of the market house, to Thames street — the tracks along 
 the market not to be used during market hours — thence along 
 Thames street east to Ann or Wolfe streets ; thence north to 
 Aliceanna street or Gough street, for the purpose of running 
 thereon passenger cars to be drawn by horse power ; and they 
 are also authorized to lay down a single track on Lombard or single tracks. 
 Fayette streets, or both, as far as said streets may be graded 
 and paved ; and they are hereby further authorized and em- 
 powered, for the same purpose, to construct and lay down 
 double tracks of railways upon Charles street, from the northern Double tracks, 
 limits of the city to Read street, thence along Read street to 
 Calvert street, thence along Calvert street to Lexington street, 
 thence along Lexington street to North street* thence along 
 North and South streets to Exchange Place, thence along Ex- 
 change Place and Lombard street to Exeter street, thence 
 along Exeter street to Bank street, thence along Bank street 
 to Ann street, thence along Ann street to Aliceanna street, 
 thence along Aliceanna street to Windsor street,t thence along 
 Windsor street to Essex street, thence along Essex and Burke 
 streets to Lancaster street, thence along Lancaster street to 
 Chesapeake street, thence along Chesapeake street to Elliott 
 street, and thence along Elliott street to the eastern limits of 
 the city, at Canton ; also upon Hanover street or Sharp street, 
 from Baltimore street to Hill street, thence along Hill street 
 to Hanover street, thence along Hanover street to Montgom- 
 ery street, thence along Montgomery street to Light street, 
 and thence along Light street to Fort street, to be continued 
 by way of Fort and Marshall streets to Ferry Bar, when said 
 Fort street shall have been graded and paved from Fort street 
 
 *By Ordinance No. 21, May 11, '69, the company was authorized to re- 
 move its tracks from Lexington and North streets. 
 
 t By Ordinance No. 88, July 5, '72, the company was authorized to remove 
 its tracks from Aliceanna and Windsor streets. 
 
732 Railroads. 
 
 Article XL. — Ordinances. 
 
 to Ferry Bar ; also upon Eutaw street, from Baltimore street 
 to Madison street, and thence northwestwardly along Madison 
 street to the city limits, or as far on said street as the same 
 shall have been graded and paved ; also upon Green street, 
 from Baltimore street to Pennsylvania avenue, and thence 
 along Pennsylvania avenue to North avenue, or as far on said 
 Pennsylvania avenue as the same may be graded and paved ; 
 also a double track upon Gay street, from Baltimore street to 
 Baltimore Cemetery.* 
 
 Ibid, s. 2. 28. The said railway shall be built under the supervision 
 
 Supervision of ^f the City Commissioner and joint standing committee on 
 the roTd!""^ "' highways, and the rails shall be of the most approved pattern, 
 and be so constructed and laid down as not to obstruct or 
 impede the free flow of water across the streets, or down the 
 gutters thereof; and further, the track upon Baltimore street 
 and Green street, Pennsylvania avenue and Gay street, also 
 the track to the eastern boundary of the city at Canton, and 
 Hanover street, or Sharp street, to the southern section of the 
 Time for com- city as far as paved, shall be laid down and completed within 
 tracks?^ "^ twclvc mouths from the passage of this ordinance, and the re- 
 maining, mentioned in the preceding section, shall be com- 
 pleted as far as the streets therein designated may be graded 
 
 *By Ordinance No. 3, Nov. 25, '59, the company was authorized to lay down 
 single track upon such portion of Gay street as lies between Chesnut street 
 and Chew street ; and they were also authorized and empowered to lay down 
 a single track upon Ensor street, from Chesnut street to Chew street, and 
 along Chew street to intersect the double track at Gay street ; and all the 
 provisions, conditions and restrictions contained in Ordinance No. 44, 
 March 28, '59, in relation to the construction and use of the tracks of rail- 
 way therein mentioned, shall apply to the said tracks of railway upon 
 Ensor street and Chew street ; provided the written consent of the owners 
 of property representing the majority of front feet on the line of said rail- 
 way tracks on Ensor and Chew streets be first obtained, as provided for by law. 
 And by Ordinance No. 56, Sept. 22, '65, the company was authorized and em- 
 powered to lay a single track of railway on Gay street, from the bridge over 
 Jones' Falls to Chesnut street, in place of the two tracks ; the said single 
 track to be laid in the centre of the street. 
 
Railroads. 733 
 
 Article XL. — Ordinances. 
 
 and paved within such time thereafter as may be determined 
 upon by the Mayor and City Comptroller, and not to exceed 
 two years after the passage of this ordinance ; and in case of 
 failure of the company to comply with this section, they shall in case or faii- 
 
 ure. 
 
 forfeit and pay five hundred dollars per month for every month 
 until this section be complied with. 
 
 29. The gauge of said railway tracks shall be the same as tbid.s. 3. 
 that of ordinary street carriages in use in the city of Balti- The gauge, 
 more, in order to admit of the passage of such carriages upon 
 
 the tram plate of the said railway ; but no vehicles shall be 
 permitted to use said railways for the purpose of carrying 
 passengers for pay or hire.* 
 
 30. Inlaying down said railways the proprietors thereof ibid, s. 4. 
 shall conform to the grades of the several streets used by them, conditions for 
 as the same are now or may hereafter be established by law. «»»* tracts. 
 
 31. The cars running upon said railways shall not remain iwd.s. 5. 
 standing on the line of their routes for passengers, but shall ueRuiations for 
 
 1 1 • n 1 1. 1 • 1.1 running cars. 
 
 be subject to all the police regulations which are now or may 
 
 hereafter be contained in the ordinances of the city, in regard 
 
 to railway cars or other vehicles, so far as said regulations may 
 
 be applicable thereto ; and further, the price for transporting 
 
 passengers from any one part of the city to any other on the 
 
 line of these railways, shall not exceed the sum of five centsf Price per pas- 
 senger. 
 
 *This section further provided that, in no case should it be lawful to use 
 said railroad cars for tlie accommodation of passengers on the Sabbatli 
 untfer a penalty of fifty dollars for each car so run on the Sabbath, to be 
 collected as other fines ; but by the act of 1867, c. 344, the Baltimore City 
 Passenger Railway Company were authorized to run tlieir cars on Sunday 
 to the several termini of their routes , and to provide a suflicient number for 
 the accommodation of tlie people of the city ; provided, the provisions of 
 the act should be submitted to the people of Baltimore for ratification, at 
 tlie first election to l)e held in said city after its passage. The citizens of 
 Baltimore accordingly voted on the question, and declared by a majority of 
 votes for the running of the cars on Sunday ; and this act was adopted. 
 
 t Changed to six cents, &c. See note of Acts of Assembly, post. 
 
734 Railroads. 
 
 Article XL. — Ordinances. 
 
 License. per passcnger, and the sum of twenty dollars* shall be 
 
 paid annually upon each car running regularly on said rail- 
 way, as license mon6y therefor, to the City Register. 
 
 Ibid, s. 6. .32. It shall be the duty of said company to run cars at 
 
 Length of time intervals of not over ten minutes to the extent of their tracks, 
 
 that the cars . ■, , , ^ a •^ r^ /^ i n 
 
 shaurun. from 6 A. M. to midnight, from April nrst to October first; 
 from 7 A. M. to midnight, from October first to April first, 
 under a penalty of five dollars for each car that does not run 
 to the extent of tracks as embraced in this ordinance, collect- 
 able as other city fines are collectable ; and further, the run- 
 ning speed upon said roads shall not at any time be at a greater 
 
 Speed. rate than six miles an hour in the built up portions of the 
 
 city. 
 
 Ibid, s. 7. 33. The said company shall cause a book to be opened in 
 
 stock subscrip- tliis city, for the purpose of receivirip; subscriptions to the 
 
 lion book to be .,.„.,. ., , , , . • 
 
 opened. Capital stocK 01 Said City railways, and the subscriptions to the 
 
 same from such persons as may wish in their own right to be- 
 come stockholders therein ; and said book shall be opened for 
 the purpose within ninety days from the passage of this or- 
 dinance, and its approval by the Mayor, and shall be kept open 
 
 Notice to be for fivo days ; and the said company shall give notice of the 
 
 given of time. 
 
 time and place of opening said book in all the daily news- 
 papers of this city ten days previous thereto, and in the event 
 Excess of stock, of more stock being subscribed for than said company are au- 
 thorized to issue, the same shall be divided pro rata to each 
 subscriber. 
 
 Ibid, 8. 8. 34. The parties hereby authorized to construct the railways 
 
 Required to aforcsaid, are hereby required to agree with James Mitchell, 
 
 purchase prop- itt • t 
 
 erty of omnibus Oolcmau & Bailey, and William Robertson, owners of exist- 
 ing omnibus lines in the city of Baltimore, for the purchase of 
 their horses, harness, carriages and stabling, to be paid for in 
 
 * Reduced to $5, see sec. 107 of this Article. 
 
Railroads. 735 
 
 Article XL. — Ordinances. 
 
 cash before the streets shall be broken for the construction of 
 any part of said railway ; and for the purpose of ascertaining 
 the true value or amount to be paid for said property, if the 
 price demanded by said omnibus proprietors be deemed ex- 
 cessive, the parties to this giant shall appoint one referee, and 
 the said omnibus proprietors another referee, who, in the event 
 of disagreement, shall appoint an umpire — the decision of in case of dis- 
 whom shall be final as to the price to be paid as aforesaid ; **^''^"°®" • 
 provided, however, that if said omnibus proprietors shall refuse Proviso, 
 to sell out as provided for in this section, then the said parties 
 authorized to construct passenger railways, shall be authorized 
 to proceed without reference to said purchase from the omni- 
 bus proprietors. 
 
 35. If the aforesaid parties, their associates, successors or ibw, g. 9. 
 assigns, shall hereafter become incorporated, the rights and in case of be- 
 privileges granted to them by virtue of this ordinance shall Mt°d!' ''"^°'*^ 
 extend to such corporation upon the conditions herein pre- 
 scribed, and until such acts of incorporation shall have been 
 obtained, such association shall have all the rights and privi- 
 leges hereby granted, or the successors of said parties, without 
 
 further action of the Mayor and City Council of Baltimore. 
 
 36. All the cars, iron rail, and other material used and ibid.s.io. 
 employed in and upon or about the construction and use of Material, how 
 said city railways, and all the labor necessary to the building, tained. 
 
 use and occupation of the same, shall be made, manufactured, Labor, how per. 
 
 formed. 
 
 employed and obtained in the city of Baltimore, and not else- 
 where unless it shall appear, after due eftbrt by advertisement, 
 that any part thereof cannot be had or obtained within the 
 prescribed limits, in a reasonable time, so as to enable said 
 company to complete said railways within the time limited in 
 this ordinance for the completion of the same, when after due 
 effort as aforesaid, such part as cannot be had within the limits 
 aforesaid may be had and obtained elsewhere. 
 
736 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 11. 37. The owners and proprietors of said railways shall 
 
 How the streets keep the stroots covered by said track, and extending; two feet 
 
 shall be kept, ^ ./ ' t? 
 
 and at whose on the outcr limits of either side of said tracks in thorough 
 
 expense. o 
 
 repair, at their own expense, and shall free the same from 
 snow or other obstructions, in doing which they shall not cause 
 to be obstructed the other portions of the street on either side 
 of the railway tracks authorized by this ordinance to be con- 
 Penaityfornon- structed, and for nou-compliancc, the Mavor and City Council 
 
 compliance. , i i r- " -,. 
 
 may impose such reasonable tines, not exceeding twenty dol- 
 lars per square, to be collected as other fines are now collected. 
 
 Ibid, 8. la, 38. No route or routes of railway authorized to be con- 
 
 Abandonment structed by the provisions of this ordinance shall be aban- 
 o any roue, ^^j^^g^j^ qj. ^^^ ^gg ^^ them discontinued, unless a majority of 
 the property holders upon said route or routes shall first assent 
 thereto ; in the event of said assent being obtained, said route 
 or routes shall not be again used without the consent of the 
 Mayor and City Council of Baltimore. 
 
 Ibid, s. 13. 39. The Mayor and City Council of Baltimore shall have 
 
 Privilege to the privilege, within two years after the expiration of fifteen 
 
 stock of city years from the passage of this ordinance, to purchase a;nd buy 
 
 out the stock and interest of said association or company, 
 
 together with such appurtenances belonging to said railways 
 
 as the said Mayor and City Council may deem proper, for and 
 
 at a fair and equitable consideration or value, and in case of 
 
 incaseofdis- a disagreement as to said value and consideration, the Mayor 
 
 to value of said and City Council aforesaid shall appoint one referee, and the 
 
 said parties to this grant, or their assigns, shall appoint another 
 
 referee, who, in the event of disagreement, shall appoint an 
 
 umpire, the decision of whom shall be final as to the price to 
 
 be paid aforesaid ; and provided further, that if the said Mayor 
 
 and City Council shall decline or neglect to give notice to said 
 
 company of their intention to make said purchase within the 
 
 aforesaid two years, then the grants and privileges herein given 
 
 to said company shall continue to them or to their assigns, for 
 
Raileoads. T37 
 
 Article XL. — Ordinances. 
 
 fifteen years longer, subject to all the conditions and terms 
 contained in this ordinance, and renewable thereafter every 
 fifteen years under the aforesaid terms and conditions. 
 
 40. The said company shall, by their treasurer, under oath, iwd, n. u. 
 pay into the hands of the City Register, quarterly, one-fifth what pan of 
 
 gross receipts 
 
 [now twelve per centuml of the gross receipts accruing from to be paid to 
 
 ^ ^ . City Register. 
 
 the passenger travel upon said roads located within the city 
 limits under this ordinance, or any extension of said limits >' 
 
 which may be determined upon hereafter, the same to be ap- 
 plied to the establishment and improvement of the City How it shaii be 
 Boundary avenue, and to the location, purchase and improve- 
 ment of such park or parks as may be determined upon here- 
 after by the Mayor and City Council of Baltimore, for the 
 benefit of the people of said city ; said park or parks to com- 
 prise an area of not loss than fifty acres each ; and the said 
 Mayor and City Council shall have the power on the comple- 
 tion of said improvements, to reduce the rate of fare on pas* power to reduce 
 senger travel to such limit within the range of one-fifth of tlie 
 gross receipts of said road as they may deem expedient and 
 advisable, the city at the same time relinquishing its interest 
 in the receipts from said road to the extent of said reduction 
 on said fare. 
 
 41. The parties hereby empowered to construct a passen- ibia, s. is. 
 ger railway aforesaid, shall give bond and security to the Guarantees to 
 Mayor and City Comptroller, in the sum of one hundred ^""^ 
 thousand dollars, for the faithful performance of all the ob- 
 ligations and liabilities contained in this ordinance, and to 
 commence the road within sixty days after the passage of 
 
 this ordinance. 
 
 42. Permission is granted to the City Passenger Railway no. 44, June 28, 
 Company to lay down, construct and use for the space of to lay single 
 
 track on Green- 
 
 two years, a single track of railway and the necessary wiiiow street, 
 switches on Greenwillow street, connecting the tracks on 
 
738 
 
 Raileoads. 
 
 Article XL. — Ordinances. 
 
 Pennsylvania avenue with the stables of said company; said 
 track to be laid under the supervision of the City Commis- 
 sioner, and when said track is removed the pavement to be 
 replaced and put in same condition as before ; the expense 
 of the same to be paid by the said railway company. 
 
 No. 70, Aug. 1, 
 
 '60. 
 
 Single tracks 
 
 on Sharp, Hill 
 
 and' Hanover 
 
 streets. 
 
 Centre of 
 streets. 
 
 Ibid, S.2. 
 
 Speed during 
 market hours 
 along- Hanover 
 Market. 
 
 Obstructing 
 cars. 
 
 Penalty. 
 
 No. 54, Sept. II, 
 '65. 
 
 Changing the 
 route on Gay, 
 Sharp and 
 Green streets. 
 
 Transfer 
 tickets. 
 
 43. The said company is hereby authorized to construct 
 a single track of tram railway on Sharp street, commencing 
 on the south side of Baltimore street track to Hill street, 
 and a single track along Hill street to Hanover street ; also 
 to construct a single track on Hanover street, commencing 
 on the south side of the Baltimore street track to Hill street. 
 From the intersection of Hill and Hanover streets south, the 
 track to be laid agreeably to the provisions of Ordinance 
 No. 44, approved March 28th, 1859 ; said tracks to be con- 
 structed in the centre of all the above named streets, at an 
 equal distance from the kerb on either side. 
 
 44. The said company shall be allowed to run their cars 
 along Hanover street at the market during market hours, 
 at a speed not faster than a walk ; and also it shall not be 
 lawful at the Hanover market for any person or persons to 
 obstruct wilfully the passage of cars, by allowing their 
 vehicles to remain on or about the track. Any person or 
 persons violating the last clause of this section shall be sub- 
 ject to a fine of not less than one or more than five dollars 
 for each and every ofience, to be recovered as other fines and 
 forfeitures are now recovered. 
 
 45. The said company is hereby authorized to construct a 
 track or tracks of railway, connecting with their tracks at the 
 intersection of Baltimore and south Gay streets, and extend- 
 ing along south Gay street to its intersection with Second 
 street, and to run thereon the cars of the Green street route 
 and those of the Sharp street route, as two separate and dis- 
 tinct lines— these lines to give and receive transfer tickets as 
 
Railroads. 739 
 
 Article XL. — Ordinances. 
 
 provided for in the act of incorporation of the said company, 
 and they shall place a suflBcient number of cais upon the two 
 routes to enable one to be started every ten minutes from each 
 terminus of said routes. 
 
 46. The track or tracks authorized to be constructed by ibid, s. 2. 
 this ordinance, shall in all respects be governed by and subject subject to rules, 
 to the same rules and regulations as are prescribed by the 
 ordinances of the city for the government of other tracks of 
 
 the said company. 
 
 47. The said company is hereby authorized and empowered No. 9, Feb. 23, 
 to construct a double track of railway on North avenue, be- Double track 
 
 on North 
 
 tween Madison and Pennsylvania avenues, to connect the two avenue and 
 
 •' ' Holliday street. 
 
 lines on said avenues together, and also to construct a double 
 track on Holliday street, between Baltimore and Fayette 
 streets, to be the terminus and starting point for a new line, 
 to run between Holliday street and North avenue ; provided, proviso, 
 that whenever Holliday street shall be opened south of Balti- 
 more street, the terminus or starting point shall be removed 
 to and made in Holliday street, between Baltimore and Second 
 streets. 
 
 48. The said company is requested and hereby authorized no. 21. s.i. 
 and empowered to lay tracks of their railways on High and no. a?, kar! 3", 
 Albemarle streets, connecting with their tracks on Baltimore Tracts on 
 
 J, 1 a ., p ^ -rt i« High and Alb«- 
 
 street, lor the purpose of running the cars of the rennsylvania marie streets, 
 avenue line from its present terminus at North avenue to the 
 President street station of the Philadelphia, Wilmington and President street 
 
 . . station. 
 
 Baltimore railroad ; and the said company is further authorized 
 and empowered to extend their tracks from the intersection 
 of Calvert and Lexington streets, alonsr Calvert street to con- caivert and 
 
 '^ ^ Lexington 
 
 nect with their tracks on Baltimore street, and to run over the streets. 
 
 tracks thus connected, a line of cars from the terminus on 
 
 north Charles street to the terminus on Light street, thereby b. &o. r. r. 
 
 ° , station. 
 
 enabling passengers to reach either the Baltimore and Ohio or n. c. r. w. 
 
 ^ *^ ^ . station, 
 
 the Northern Central railw^ay stations by the city cars. 
 
740 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 2. 49, The said company are hereby authorized and empow- 
 
 Trackson ered to lay a line of railway tracks from the intersection of 
 street to Lafay- Townscnd strcot and Pennsylvania avenue, on Townsend street 
 
 ette square. •' ' 
 
 and Lafayette square, and to run a portion of the cars of the 
 Pennsylvania avenue line, not exceeding one-half, over said 
 track to Lafayette Square. 
 
 Ibid, s. 4. 50. The said company is hereby authorized and empowered 
 
 Tracks on Bai- to lay a line of railway tracks from the intersection of Balti- 
 more street with Broadway, along Baltimore street to Gist, 
 Patterson Park, and aloug Gist strcot to Pattcrsou Park, and to run a portion 
 of the cars of the Madison avenue and Broadway line to said 
 park. 
 
 No. 27, Mar. 30, 51. The Said company is hereby authorized and empowered 
 Authorized to to lay tracks of their railways on High and Albemarle streets, 
 
 lay tracks on . o -»-» • 
 
 certain streets and ou south Frout and Plowmau streets, between Baltimore 
 
 to the Phila. ' 
 
 depot. g^jj(j Albemarle streets, connecting with their track on Balti- 
 
 more street and on Eastern avenue, between Albemarle and 
 High streets, for the purpose of running the cars of the Penn- 
 sylvania avenae line from its terminus at Nortli avenue to the 
 President street station of the Philadelphia and Wilmington 
 and Baltimore railroad. 
 
 Ibid, s. 4. 52. Whenever any company incorporated with the authority 
 
 Citizens' Rail- to build the passcngcr railway mentioned in section 59 of 
 this article, shall have constructed the railway therein men- 
 tioned, from Patterson Park to Lafayette Square, they shall be 
 Authority to authorized to construct a double track on Exeter street, be- 
 track on Exeter twccu Pratt and Lombard streets, and thence along Lombard 
 
 street. ' ° 
 
 street to and beyond Albemarle street. 
 
 Ibid, 8. 5. 53. The privileges by this ordinance extended to the Balti- 
 
 conditions on morc City Passenger Railway Company, are extended upon 
 
 Hallway co.^^ coudition that said company shall first abandon, in such form 
 
 as shall be prescribed by the Mayor, all right which they now 
 
 have, under their charter or existing ordinances, to lay down 
 
Kailboads. 741 
 
 Article XL. — Ordinances. 
 
 tracks on Lombard street, between Exeter and South streets, 
 and upon Exeter street, between Pratt and Lombard streets ; 
 and upon the further condition that said Baltimore City Pas- 
 senger Railway Company shall, whenever the railroad men- 
 tioned in the preceding section shall be constructed, issue to 
 passengers riding on the cars of said Baltimore City Passenger 
 Railway Company, running from the depot of the Philadel- 
 phia, Wilmington and Baltimore Railroad, transfer tickets to Trauifer tickets 
 the cars of said Patterson Park and Lafayette Square railroad, 
 [now called Citizens' Railway Company,] at the corner of 
 Albemarle and Lombard streets, and shall also receive into 
 their cars, at the same point, passengers from the cars of said 
 Patterson Park and Lafayette Square railway ; and the terms 
 upon which such transfer tickets shall be issued shall be de- 
 termined by the Mayor and City Council of Baltimore, in case 
 said terms cannot be arranged satisfactorily between the pro- 
 prietors of said two railway companies. 
 
 54. The said company is hereby authorized and empowered No. 3, Nov. 29, 
 to lay a double track of their railways on Eutaw and Camden Tracks to cam- 
 
 , J -n '^^'^ station. 
 
 streets, from the corner of Baltimore and Eutaw streets to 
 Camden station. 
 
 55. The said company is hereby authorized and directed to No. 4, Nov. is, 
 place a railway switch on Eutaw street, between Fayette and Railway switch 
 
 , . ■ o^ Eutaw street 
 
 Baltimore streets, the work to be done under the supervision 
 and with the approval of the City Commissioner. 
 
 56. The said company is hereby authorized and empowered No. 88, July 5, 
 to lay tracks of their railways on Bank street, from its inter- Additional 
 
 tracks. 
 
 section with Ann street to Chester street, and on Chester 
 street,* Canton avenue and Essex streets, so as to join the 
 Madison avenue and Broadway line, directly with the Canton 
 
 * By Ordinance No. 147, Oct. 9, 1875, the company was authorized to 
 remove its tracks from Chester street and Canton avenue, and from Essex 
 street, between Canton avenue and Gist street. 
 
742 Eatlboads. 
 
 Article XL. — Ordinances. 
 
 line, and enable the company to run a line of cars, giving 
 direct connection between the central and the extreme s >ith- 
 eastern portion of the city. 
 
 No. 147, Oct. 9, ^fj^ The said company is hereby authorized and em- 
 canfon'^^^^' '° powcred to lay tracks of their railways on Bank street to 
 Gist street at Patterson Park, and down Grist street to Essex 
 Ibid, s. 2. street, connecting at Essex street with its lines to Canton; 
 Proviso. provided the said company will offer no obstruction to the 
 
 nfintf'^ ^*^*" spaces between the railway tracks on Baltimore street being 
 ~ paved with Belgian pavement. 
 
 Subject to rules, 53 The Said company in the construction of the tracks 
 authorized by the ordinances hereinbefore contained, and 
 the running of its passenger cars thereon, shall in all re- 
 spects be governed by, and subject to, the rules and regula- 
 tions prescribed by the ordinances of the Mayor and City 
 Council of Baltimore, and especially Ordinance No. 44, March 
 28, 1859, under which the said company was empowered to lay 
 down and operate their lines of railways. 
 
 Incokporation op Baltimore Passenger Railway Company. — 
 1861-62, c. 71, enacted inter alia, that: 1. Henry Tyson, John W. Walker. 
 William Chesnut, John W. Randolph, Conrad S. Grove, Jonathan Brock, 
 and Albert W. Markley, and others, their associates, assignees of all the 
 rights, powers and privileges granted to William H. Travers, William S. 
 Browning, William D'Goey, Robert Cathcart and Joshua B. Sumwalt, and 
 their associates and assigns, by an ordinance of the Mayor and City Council 
 of Baltimore, approved on or about the twenty-eighth of March, eighteen 
 hundred and fifty-nine, are incorporated by the name and style of the Balti- 
 more City Passenger Railway Company, and by that name shall have per- 
 petual succession, and be capable to sue and be sued, to make and use a 
 common seal, to make and pass by-laws, to acquire and hold all necessary 
 real estate, and in general to have and exercise all such other corporate 
 powers and faculties as may be necessary and proper to effectuate the pur- 
 pose of this Act. 
 
 2. That the corporation by this Act created is hereby vested with all the 
 rights, powers and privileges given and granted by the ordinance before 
 mentioned, to be by the said corporation held, enjoyed and exercised in 
 manner and form, and upon the terms and conditions, and subject to the 
 
Kailboads. 743 
 
 Article XL. — Ordinances. 
 
 CITIZENS' RAILWAY COMPANY. 
 
 59. By ordinance No. 70, July 9, 1868, the persons named No. ro, s. i, 
 therein and others were authorized and empowered to lay a Authority to 
 
 , lay railway on 
 
 double track of city passenger iron railways, commencing on certain streets. 
 
 restrictions and limitations therein contained, except where the provisions 
 of said ordinance may be inconsistent with this Act or any part thereof; 
 and upon the acceptance of this Act by the said Henry Tyson, John W- 
 "Walker, William Chesnut, .John W. Randolph, Conrad S. Grove, Jonathan 
 Brock and Albert W. Markley, and others, their associates, all railways, 
 railway cars, horses, and other property of every description, real, personal 
 and mixed, acquired and held by them for the purposes mentioned in, and 
 to carry out the provisions of the aforesaid ordinance, shall be, and they are 
 hereby, vested in said corporation. 
 
 3. That the corporation hereby created is also vested with all necessary 
 power and authority to lay down and construct, and to use and operate 
 passenger railways in any street or streets in the city of Baltimore, other 
 than those named in the said ordinance, with the consent of the Mayor and 
 City Council of Baltimore, and with the restrictions and limitations, and 
 upon the terms and conditions in the said ordinance mentioned ; provided, 
 that the said Mayor and City Council shall have the privilege, within two 
 years after the expiration of fifteen years from the date of the passage of said 
 ordinance, to purchase and buy out the said corporation, and all its property 
 and franchises, whether originally conceded by the ordinance aforesaid, or 
 granted by this Act, for and at a fair and equitable consideration or value 
 and in case of a disagreement as to the said value and consideration, the 
 Mayor and City Council aforesaid shall appoint one referee, and the corpo- 
 ration hereby ci'cated shall appoint another referee, who, in event of dis- 
 agreement, shall appoint an umpire, the decision of whom shall be final as 
 to the price to be paid as aforesaid ; and provided further, that if tlie said 
 Mayor and City Council of Baltimore shall decline or neglect to give notice 
 to the said corporation of their intention to make said purchase within the 
 aforesaid two years, then the grants and privileges held and enjoyed by said 
 corporation shall continue to belong to it for fifteen years longer from the 
 expiration of said original fifteen years, subject to all the terms and con- 
 ditions imposed and recognized by this Act, and continuable thereafter in 
 like manner from time to time as aforesaid, upon the said terms and con- 
 ditions. 
 
 4. That the corporation hereby created is hereby required to pay over to 
 the Register of the City of Baltimore the one-fifth portion (see.Reduction of 
 Tax, ordinances, sees. 103-106,) of the whole passenger receipts of this corpo- 
 ration, at or before the stated periods named in the aforesaid recited ordi- 
 nance of the city of Baltimore ; in default of which payments, on or before 
 
744 Railroads. 
 
 Article XL. — Ordinances. 
 
 Gough street at Patterson Park, and running thence westerly on 
 Gough street to Ann street; thence northerly along Ann street 
 to Pratt street ; thence westerly along Pratt street to Albe- 
 marle street ; thence northerly along Albemarle street to 
 Lombard street; thence westerly along Lombard street to 
 
 the days appointed therefor, this corporation shall be liable to the penalty of 
 one hundred dollars for each day of the continuance of such default, after 
 ten days after the expiration of each quarter, to be recovered by the said 
 city of Baltimore according to law ; provided further, that the said corpo- 
 ration shall be subject to such police regulations as the Mayor and City 
 Council of Baltimore may hereafter, from time to time, enact by ordinance 
 for the government of their conduct in the performance of their duties under 
 this law ; and provided also, that said corporation hereby created shall pro- 
 vide books, in which shall be entered by a treasurer, under oath, the weekly 
 receipts of said company, and that said books shall be open to the inspec- 
 tion of the Mayor and City Council of Baltimore. 
 
 9. That this Act shall go into operation immediately after the passage 
 thereof, (Feb. 13, 1862,) and after the said Henry Tyson, John W. Walker, 
 William Chesnut, John W. Randolph, Conrad S. Grove, Jonathan Brock 
 and Albert W. Markley, and others, their associates, or their attorneys or 
 agents, shall declare their acceptance thereof by writing under their hands 
 or the hands of their attorneys or agents, to be executed in duplicate, and 
 shall file one of the said duplicates with the clerk of the Superior Court of 
 Baltimore City, for enrolment among the land records of said city, and 
 deliver the other to the Eegister of the City of Baltimore. 
 
 11. That the said company shall forfeit and lose all the rights and fran- 
 chises granted by this Act, unless the said company shall build, equip and 
 stock, and run their cars upon, in accordance with the ordinance aforesaid, 
 the track to be laid from the intersection of Baltimore street and North 
 street, out North to Lexington, along Lexington to Calvert, along Calvert to 
 Read, along Read to Charles, and out Charles street to the city limits — the 
 same to be continued and in full running order on or before January 1, 1863. 
 
 13. That the General Assembly hereby expressly reserves the power at all 
 times to repeal, alter or amend this charter. 
 
 The Act of 1864, c. 170, recites that: the Act of 1861-62, c. 71, granted to 
 the Baltimore City Passenger Railway Company, under the provisions of an 
 ordinance of the Mayor and City Council of Baltimore, the right to receive the 
 sum of five cents for transporting each passenger from any one part of the 
 city of Baltimore to any other part on the line of their railways; the said 
 ordinance further providing that one-fifth (see Reduction of Tax, ordinances, 
 sees. 103-106,) of the receipts of the said company from passengers shall bo 
 paid to the Register of the City of Baltimore, t<.) be applied to the purchase, 
 location and improvement of such parks as may be determined upon, for the 
 
Railboads. 745 
 
 Article XL. — Ordinances. 
 
 Exchange Place ; thence a single track westerly along Lombard 
 street to Charles street ; thence still on LotMbard street a double 
 track to Fremont street; thence northwesterly on Fremont 
 street to Lexington street ; thence westerly along Lexington 
 street to Republican street ; thence northerly on Republican 
 
 benefit of tiie people of said city; and that it has been shown by the 
 president and directors of the Baltimore City Passenger liailway Con)i)any 
 that Willi the utmost economy they have been able to introduce into their 
 management, tlie present rate of fare is inadequate t<j pay the cost of work- 
 ing their railways, and for keeping tlie track and equipment thereof in 
 proper condition ; and that the said company, after complying with the 
 requirements of the act of incorporation, and having paid one-fifth of their 
 receipts from passengers to the Register of the City of Baltimore, and after 
 an entirely unremunerative service of over four years, find themselves 
 further embarrassed by the unprecedented advance in the price of labor and 
 material ; therefore it enacts that the Baltimore City Passenger Railway 
 Company is authorized and empowered to charge and collect six cents fare 
 from each passenger passing from any one part of the city of Baltimore to 
 any other part on the line of their railways, without charge for transfer 
 tickets, and one-fifth of the gross receipts from passengers to be paid to the 
 Register of tlie City of Baltimore, as provided for by the ordinance of the 
 Mayor and City Council of said city. 
 
 1865, c. 100, recites that: in consequence of the further and extraordinary 
 increase in the cost of labor and materials, it has become necessary that the 
 Baltimore City Passenger Railway Company siiouid have more eff"ectual 
 relief than was sought to be provided by the Act of 1864, c. 170 ; and that 
 it is not deemed expedient, having due regard either for the interest and 
 convenience of the public, or the welfare of the said company, that the rate 
 of I'are for a single passenger in the same car should be increased beyond six 
 cents ; it then enacts : 
 
 1. That the Baltimore City Passenger Railway Company is authorized 
 and empowered to charge and collect six cents from each passenger passing 
 from any part of the city of Baltimore to any other part, in any line of their 
 railways, with a charge for transfer tickets of four cents ; and one-fifth of 
 the gross receipts from passengers to be paid to the Register of the City of 
 Baltimore, as provided for by the ordinance of the Mayor and City Council 
 of said city. 
 
 2. That the said Act of 1864, c. 170, and so much of the Act of 1861-63, c. 
 71, to which this is a supplement, as are inconsistent with the provisions of 
 this Act, arc hereby repealed. 
 
 3. That the said railroad company shall be and is compelled to run not 
 
746 Kailboads. 
 
 Article XL. — Ordinances. 
 
 street to Mosher street ; thence easterly along Mosher street to 
 Oregon street ; thence northerly along Oregon street to Fremont 
 street; thence northwesterly along Fremont street to Presstman 
 street; thence easterly along Presstman street to Division street; 
 thence northwesterly along Division street to Northern Boun- 
 
 less than four cars from the end of the line on Thames street, to the end of 
 the line at Canton. 
 
 4. That the General Assembly hereby expressly reserves the power at all 
 times to repeal, alter or amend this Act. 
 
 As to Sunday cars, see Twte, p. 733, ante. 
 
 Note. — The assignees of certain street railway franchises entered into 
 articles of association, in contemplation of incorporation, wherein it was pro- 
 vided, inte7' alia, that the beneficial interest in the properties, rights and fran- 
 chises of the association should be divided into a fixed number of shares, at 
 a certain par value, transferable only on the books of the association. By 
 the terms of the act of incorporation the associates became entitled to the 
 stock of the company so formed, in proportion to their respective interests in 
 the association, to be ascertained at the time of acceptance of the charter. 
 One of the associates assigned certain of his shares before the incorporation, 
 and his assignees having brought suit against the corporation for its refusal 
 to issue to them certificates of stock in lieu of their shares, it was held : 
 
 1st. That the right of an associate or his assignee to sue for such refusal 
 does not diflS'er in principle from that of an ordinary assignee of stock. 
 
 2d. That the transfer from the assignor, although not made on the books 
 of the association, passed his title and interest in the shares to the assignees, 
 and they became thereby entitled to the stock of the corporation. 
 
 3d. That the shares thus assigned were personal property, the title to 
 which would pass by transfer and delivery. 
 
 4th. That the assignees could, in their own names, maintain an action for 
 the refusal to deliver the stock. 
 
 5th. That where the declaration avers an assignment under seal, accom- 
 panied by a delivery of the certificates of stock, the court will , on motion in 
 arrest of judgment, presume that the assignment was made for a bona fide 
 consideration, and that the jury so found. 
 
 6th. That a failure to ascertain the interest of the associate or his transferee 
 at the time of the acceptance of the charter could not aff"ect the right of 
 either to the stock of the company in lieu of their shares. 
 
 7th. That defences based on the ground of issual of stock to the assignor 
 prior to notice and demand by his assignee, or of indebtedness of the assignor 
 to the association, should have been made at the trial below. 
 
 In an action at law against a corporation for refusing to issue or transfer 
 
I 
 
 Railroads. 747 
 
 Article XL. — Ordinances. 
 
 darj avenue. And they are further hereby authorized and em- 
 powered to construct and lay down asinfyle track or iron railway, 
 commencing where the aforesaid double track on Pratt street 
 connects with the aforesaid double track on Albemarle street, 
 to a point on said Albemarle street opposite to where the depot 
 
 stock, the plaintiff may claim in the same suit the value of the stock, to- 
 gether with the dividends due thereon, and in such a case the measure of 
 damages is the value of the stock at the time of the demand, together with 
 the dividends accrued thereon at that time, with interest, to the day of trial. 
 Baltimore City Passenger Railway Company v. SeiceU, 35 Md. 238 ; 37 Md. 
 443. 
 
 Where the plaintiff was injured by one of the Baltimore City Passenger 
 Railway cars, which at the time was running at a greater speed than was al- 
 lowable under a city ordinance, (see sec. 82, p. 734,) it was held : that the 
 passenger railway was guilty of negligence, if the accident could have been 
 avoided had the car not been running at a prohibited rate of speed. BaUi- 
 rrwre City Passenger Railway v. McDonnell, 43 Md. 535. 
 
 In a large, populous city, where all descriptions of vehicles are constantly 
 passing and repassing, as well as persons on foot, including the aged and 
 infirm, and children, who are young, and wanting in prudence and dis- 
 cretion, it is the duty of drivers of cars, not only to see that the railway 
 track is clear, but also to exercise a constant watchfulness for persons who 
 may be apj)roaching the track. IMd. 
 
 The plaintiff who was returning from market, accompanied by his wife, 
 ran forward with his market basket on his arm and called to the driver of a 
 street car, who stopped the car; the plaintiff got upon the front platform, 
 placed his basket thereon, and asked the driver to be so kind as to take it, to 
 which the driver assented ; the car started immediately, and the plaintiff 
 was thrown off, (or fell in the act of descending,) and was injured. The 
 plaintiff himself never meant to be a passenger, but evidence was given 
 that his wife did intend to ride in the car; this intention, however, on her 
 part was not manifested in any manner to the driver, nor did the plaintiff 
 communicate his own purpose not to ride. Held : a regulation of the City 
 Passenger Railway Company, prohibiting passengers from getting on or off 
 at the front end of any car, and requiring them to enter and descend by the 
 rear platform only, is a reasonable regulation, and knowingly to violate it, 
 without the compulsion of some existing necessity, is conclusive evidence of 
 negligence on the part of the passenger; so that, should he sustain an injury 
 in consequence thereof, he will have no right of action against the company, 
 notwithstanding the driver may also have been negligent. 
 
 The circumstance that a driver or conductor may have given permission 
 thus to use the front platform, is immaterial ; for the company cannot be 
 
748 Railroads. 
 
 Article XL. — Ordinances. 
 
 buildings of the Philadelphia, Wilrniugton and Baltimore 
 Railroad Company now stand, for the purpose of running on 
 said single and double track or railways, passenger cars to be 
 drawn by horse power.* 
 
 bound by the act of their servant in attempting to dispense with a known 
 and positive regulation. 
 
 The obligation of a railway company for the safe carriage of passengers, 
 rests upon contract, and while the law casts certain duties upon the com- 
 pany, there is a co-relative obligation upon the passenger to observe the 
 reasonable regulations of the company in entering and leaving the cars, and 
 for the consequences of a breach thereof, the company is not responsible. 
 In such case, the question of negligence on the part of the passenger is a 
 legal question for the court to decide — unlike the case where the facts from 
 negligence is to be inferred are controverted, or are numerous and compli- 
 cated, and where no certain legal rule or standard can be laid down, and 
 where, therefore, the question of negligence is necessarily to be submitted to 
 the jury; and where there is thus evidence of a breach of legal duty on the 
 part of the lilaintiflf causing the accident, and constituting negligence in 
 law on his part, it is error to refuse specific instructions on the subject, even 
 although the jury are correctly instructed in general terms as to the doctrine 
 of contributory negligence. And here, the legal duty imposed upon the 
 plaintiff was clear and well defined, and the failure on his part to perform 
 it, if found by the jury, would constitute negligence in law, which would 
 debar him from the right to recover. 
 
 The fact that a legible notice of such regulation was put up inside of all 
 the cars, and the fact that the plaintifi" had often previously ridden in the 
 cars, are competent evidence that he had knowledge of its existence. 
 
 There being no evidence in the cause that the driver had any knowledge 
 of the purpose of the plaintifl''s wife to get on the car as passenger, nor any 
 evidence to charge the defendant by reason of such purpose or intention on 
 his part, a prayer that there was no evidence from which the defendant 
 could be charged with any responsibilty, on the ground that the plaintiflPs 
 wife was to become a passenger on the car in question, ought to have been 
 granted. 
 
 If an accident occur in consequence of violating a regulation of the com- 
 pany, which prohibits the conveyance of baskets or parcels unaccompanied 
 by a passenger, the person participating in such violation, and so sustaining 
 injury, will be debarred from recovering therefor, if it be shown that he had 
 knowledge of such regulation. B. C P. R. Co. v. Wilkinson, 30 Md. 224. 
 
 * So much of the above section as conflicts with Ordinance No. 27, Mar. 30, 
 '70, on p. 740, ante, is repealed by said ordinance. 
 
Raileoads. 749 
 
 Article XL. — Ordinances. 
 
 60. The said railway shall be built under the supervision iwa, s. 2. 
 of the City Commissioner, and the rails shall be of the most How to be 
 
 •^ built. 
 
 improved pattern, and the said tracks in their gauge to be the 
 same as that of the Baltimore City Passenger Railway, and 
 to be so constructed and laid down as not to obstruct or im- 
 pede the free flow of water across the streets or down the 
 gutters thereof. 
 
 61. In laying down said railways, the proprietors thereof ibid, s. 3. 
 shall conform to the grades of the several streets used by Grades or 
 
 . " streets. 
 
 them, as the same are now or may hereafter be established by 
 law ; and further, that no street vehicle shall be permitted to 
 use said railways for the purpose of carrying passengers for 
 pay or hire. 
 
 62. The cars running upon said railways shall not remain ibid,8.4. 
 standing on the line of their routes for passengers, but shall be cars not to re- 
 
 1 • 11 1 T 1 • 1 • 1 •"*'" standing. 
 
 subject to all the police regulations which are now or may Poiice reguia- 
 hereafter be contained in the ordinances of the city in regard 
 to railway cars or other vehicles, so far as the said regulations 
 may be applicable thereto ; and further, the price for transport- 
 ing passengers from any one part of the city to any other, on 
 the line of these railways, shall not exceed the sum of seven Fare not to ex- 
 
 ceed seven 
 
 cents per passenger, and the sum of twenty dollars [now five] cents, 
 shall be paid annually upon each car running regularly on said License, 
 railways, as license money therefor to the City Comptroller. 
 
 63. The grantees aforesaid, their associates or assigns, shall, iwd, s. 5. 
 after the passage of this ordinance, cause a book to be opened opening of 
 
 '^ ^ ' *^ stock books. 
 
 in this city for the purpose of receiving subscriptions to the 
 capital stock of said city railways, and the subscriptions to the 
 same, from such persons as may wish in their own right to be- 
 come stockholders therein ; and the said books shall be opened 
 for this purpose within ninety days from the passage of this 
 ordinance and its approval by the Mayor, and shall be kept 
 open for five days, and said grantees shall give notice of the 
 
750 Kailroads. 
 
 Article XL. — Ordinances. 
 
 time and place of opening said books, in at least three of the 
 daily newspapers of this city, ten days previous thereto. 
 
 Ibid, s. 6. 64. If the aforesaid grantees, their associates or assigns, 
 
 If incorporated, shall hereafter become incorporated, the rights and privileges 
 granted to them by virtue of this ordinance shall extend to 
 such corporation upon the conditions herein prescribed. 
 
 Ibid, s 7. 65. The owners and proprietors of said railways shall keep 
 
 streets to be the strccts covcrcd by said tracks, and extending two feet on 
 
 kept in repair. t. c • ^ • i n • ^ i-i 
 
 the out limits oi either side ot said tracks, in thorough repair, 
 Snow, &c. at their own expense, and shall free the same from snow or 
 other obstructions, and in doing which they shall not cause 
 to be obstructed the other portions of the streets on other side 
 of the said railway track, and for the non-compliance here- 
 with, the Mayor and City Council may impose such reasonable 
 fines, not exceeding twenty dollars per square, to be collected 
 as other fines are now collected. 
 
 Ibid, s. 8. QQ, The aforesaid grantees, by their treasurer, under oath. 
 
 What part of re- shall pay iuto the hands of the City Register, quarterly, one- 
 
 C6iptS to irtirK 
 
 fund. fifth of the gross receipts [now twelve per centum] accruing 
 
 from the passenger travel upon said roads, dr any extension 
 thereof, which may be determined upon hereafter, the same to 
 be used and applied to the park fund, as is now paid by other 
 passenger railway companies. 
 
 Ibid, s. 9. 67. The parties hereby empowered to construct the passen- 
 
 To give bond, ger railways aforesaid, shall give bond and security to the 
 Mayor and City Comptroller in the sum of fifty thousand dol- 
 lars, for the faithful performance of all the obligations and 
 liabilities contained in this ordinance. 
 
 Ibid, s. 10. 68. The parties herein named shall not be required to lay 
 
 streets. dowu tlic railways aforesaid upon any of the streets herein- 
 
 before named, until the same shall have been graded and 
 paved. 
 
Railroads. 751 
 
 Article XL. — Ordinances. 
 
 69. If the grantees shall deem it expedient, in consequence iMd.s. n. 
 of the narrowness of any street or streets upon which double Double or sm- 
 
 •^ ' _ gle tracks. 
 
 tracks of railways are authorized to be laid, to dispense with 
 the use of one track, then it shall and may be lawful for them 
 to do so ; provided, the City Commissioner shall approve such Proriso. 
 change. 
 
 70. The Citizens' Railway Company of Baltimore is here- ^°;^'^^^^^ 
 by authorized to lay city passenger iron railway tracks in Addinonai 
 the following streets, in addition to those mentioned in the or- 
 dinance to which this a supplement, that is to say : in South 
 
 street, from Lombard street to Baltimore street, and in North 
 street, from Baltimore to Fayette streets, along Fayette street* 
 from North street to Carey street, along Carey street from 
 Fayette street to Lafayette avenue, along Lafayette avenue 
 from Republican street to Gilmor street,t along Gilmor street 
 from Lafayette avenue to Cumberland street, and along Cum- 
 perland street to the Northern avenue, along Republican street 
 from Fayette street to Lexington street, along Paca street from 
 Fayette street to Camden street, and along Camden street 
 from Paca street to Eutaw street, and along Eutaw street to 
 Lombard street ; provided, however, that only a single track Proviso, 
 shall be laid in the following of the above enumerated streets, 
 that is to say: in Fayette street, between North and Fremont 
 streets, and in North street. 
 
 * By resolution No. 307, Sept. 26, 1876, the City Commissioner was directed 
 to liave the switch-track on Fayette street, near Eutaw street, removed, at 
 the expense of the Citizens' Railway Company, and that permission be 
 granted to said Company to lay down a switch-track at the point above 
 mentioned, provided it be constructed of steel groove rails, laid in such 
 manner as not to interfere with the grade of the street. 
 
 t By ordinance No. 2, Nov. 17, '74, the company was authorized to re- 
 move one of its tracks on Lafayette avenue between Republican and Gilmor 
 streets, so that there shall be only a single track on the bed of said avenue 
 between the streets aforesaid. 
 
m 
 
 llAItKOAlJS. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 2. 
 Ordinances. 
 
 71. The said track shall in all respects be laid on the streets 
 mentioned in the preceding section, and the cars run on said 
 streets subject to all the provisions and regulations prescribed 
 in the ordinance to which this is a supplement. 
 
 Ibid, s. 3. 72. The tracks shall be laid down and completed before 
 
 Completion of September, 1871, in all the streets enumerated in this ordi- 
 nance, and the ordinance to which this is a supplement, [p. 743, 
 &c., ante,] except where such streets may not be graded and 
 paved by such date, otherwise the privileges so granted shall be 
 Proviso. revoked and cease ; provided, however, that this forfeiture shall 
 
 apply only to those streets where the company shall have failed 
 to lay their tracks before the ti^ne above limited. 
 
 No. 109, June 
 19, '71. 
 Additional 
 tracks. 
 
 No. 7, Nov. 20, 
 '71. 
 
 Additional 
 tracks. 
 
 73. The said company is hereby authorized to lay city pas- 
 senger iron railway tracks in the following streets, in addition 
 to those mentioned in the ordinance to which this is a supple- 
 ment, [p. 743, &c., ante,] that is to say : beginning for the same at 
 the corner of Gist and Gough streets, thence running northerly 
 along Gist street to Baltimore street, thence westerly on Balti- 
 more street to Ann street, thence southerly on Ann street to 
 Pratt street, thence easterly on Pratt street to Gist street, and 
 on Exeter street from Lombard street to Fayette street, on 
 Fayette street from Exeter to South streets, on Carey street 
 from Townsend street to Mosher street, on Mosher street from 
 Park to Strieker streets, and on Strieker street to Calhoun 
 street, and on Calhoun street to the city limits ; on Baker 
 street from Gilmor to Division streets, and on Division street 
 to the city limits, and the requirements of the original 
 ordinance, in relation to the payment of the one-fifth [now 
 twelve per centum] of the passenger receipts to the park fund, 
 shall be applicable to the receipts in the routes named in this 
 supplement. 
 
 74. The said company is hereby authorized to lay city pas- 
 senger iron railway tracks in the following streets, in addition 
 to those mentioned in the ordinance to which this is a supple- 
 
Kailroads. 753 
 
 Article XL. — Ordinances. 
 
 meDt, [p. 743 ante,'] that is to say : on Howard street, from 
 Lombard street to Fayette street, said tracks to be double 
 along the line of said street, after the present railroad track 
 is removed from the bed of the street ; provided, that in the 
 event of the privilege being hereafter granted to any other 
 company to run a railroad along Howard street, from Fayette 
 street north, the said company shall, if so expressed in the 
 ordinance giving it such privilege, pass its cars to and fro over 
 the line of the Citizens' Railway Company on Howard street, 
 between Fayette and Lombard streets, upon paying a proper 
 sum to said Citizens' Railway Company, to be determined on 
 by the City Commissioner. 
 
 75. The said company is further authorized to lay a double ibid.a. 2. 
 city passenger iron railway track on Fayette street, from oouWe track. 
 Fremont to Howard streets, and the said tracks shall in all re- 
 spects be laid on the streets mentioned in this ordinance, and 
 
 the cars run on said streets, subject to all the provisions and 
 regulations prescribed in the ordinance to which this is a sup- ordinance*, 
 plement ; and provided, that the privileges in this section Proviso, 
 granted shall in no manner release the said company from its 
 obligation to run its cars on Lombard street, between said 
 Howard and Fremont streets; and provided further, that the 
 cars so to be run on said Lombard street shall be run at inter- interval* of 
 vals of not more than ten minutes. 
 
 76. The said company is hereby authorized at any time to No. 2. Nov. 17, 
 lay down and construct for use and travel thereon a single a single track 
 
 . 1 « ., ,. . ... . , onMosheraud 
 
 track ot railway 01 iron, such as it is now using on other Republican 
 
 ... . . streets, &c. 
 
 Streets in the city of Baltimore, on Mosher street, beginning 
 at the intersection of that street with Gilmor street and con- 
 tinuing on Mosher street to Republican street, and thence on 
 Republican street to connect with the track of said company 
 now on said last named street, where it is intersected by 
 Lafayette avenue. 
 
754 
 
 Eailkoads. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 3. 
 
 Track to be 
 built under su- 
 pervision of 
 City Comn&is- 
 sioner. 
 
 77. Said track shall be built under the supervision of the 
 City Commissioner, and in laying it down the said company 
 shall conform to the grades of said streets on which the same 
 is to be laid, as the same are now or may hereafter be con- 
 structed, and when laid and ready for use, it shall be subject 
 to the same uses by said company as its other tracks now are, 
 and subject to the same conditions, limitations and reserva- 
 tions as contained in the ordinance to which this is a supple- 
 ment. [P. 743 ante.] 
 
 Incorporation op Citizens' Railway Company.— The Act of 1870, c. 
 438, enacted, inter alia, that : 
 
 1. Samuel Snowden, Jacob Rice, Matthew B. Sellers, John Richardson, 
 Capt. Geo. A. Coleman, James S. Ilagerty, Doctor J. J. Moran, Wm. J. 
 Hooper, John W. Munson, Andrew J. Myers, Alfred P. Burt and others, 
 their associates, by an ordinance of the Mayor and City Council of Balti- 
 more, numbered seventy, approved July ninth, eighteen hundred and sixty- 
 eight, are hereby incorporated by the name and style of the Citizens' Rail- 
 way Company, and by that name shall have perpetual succession and be 
 capable to sue and be sued, to make and use a common seal, make and pass 
 by-laws, to acquire all necessary real estate, and to hold the same, and in 
 general to have and exercise all such other corporate powers which may be 
 necessary and proper to effectuate the objects and purposes of this act. 
 
 2. The corporation by this act created, is vested with all the rights, 
 powers and privileges given and granted by the ordinance before mentioned, 
 to be by the said corporation held, enjoyed and exercised, in manner and 
 form, and upon the terms and conditions, and subject to the restrictions and 
 limitations therein contained, except where the provisions of said ordinance 
 may be inconsistent with this act or any part thereof. 
 
 3. The corporation hereby created is also vested with all necessary 
 power and authority to lay down and construct, to use and operate passen- 
 ger railways in any street or streets in the city of Baltimore, other than 
 those named in the ordinance aforesaid, with the consent of the Mayor and 
 City Council of Baltimore, under the restrictions and limitations in said 
 ordinance contained ; provided, nevertheless, that this act shall not be con- 
 strued to grant to the corporation hereby created, the right or privilege to 
 lay down, use or operate in any street or streets of the city of Baltimore, in 
 which the Mayor and City Council of Baltimore have already authorized 
 the construction of passenger railways by other companies, except with the 
 consent of such companies; and provided also, that the said Mayor and City . 
 Council shall have the privilege within two years after the expiration of 
 fifteen years from the date of the passage of said ordinance, to purchase 
 
Raileoads. 755 
 
 Article XL. — Ordinances. 
 
 BALTIMORE, PEABODY HEIGHTS AND WAVERLY RAILROAD. 
 
 78. By Ordinance No. 27, March 28, 1872, the ])cr6ons therein No. sr. Mar. as, 
 named and others were authorized and empowered to lay down Tracka. 
 and construct iron railway tracks, single or double, with turn- 
 
 and buy out tlie said corporation, and all its property and franchises, whether 
 originally conceded by the ordinance aforesaid or granted by this act, for and 
 at a fair and equitable consideration or value, and in case of a disagreement 
 as to said value and consideration, the Mayor and City Council aforesaid 
 shall appoint one referee, and the corporation hereby created shall appoint 
 another referee, veho in event of disagreement shall appoint an umpire, the 
 decision of whom shall be final as to the price to be paid, as aforesaid ; and 
 provided further, that if the said Mayor ajid City Council shall decline or 
 neglect to make such purchase within the aforesaid two years, then tlie 
 grants and privileges held and enjoyed by said corporation shall continue to 
 belong to it for fifteen years longer from the expiration of said original fifteen 
 years, subject to all the terms and conditions imposed and recognized by 
 this act, and continuable thereafter in like manner from time to time as 
 aforesaid, upon the said terms and conditions. 
 
 7. This act shall take effect on and after the date of its passage ; provided, 
 that the parties herein named, or a majority of them, shall, within sixty 
 days, signify their acceptance thereof in writing, said acceptance to be ac- 
 knowledged before some justice of the peace of the State of Maryland in 
 and for the city of Baltimore, and recorded in the office of the clerk of the 
 Superior Court of Baltimore City. 
 
 By the Act of 1876, c. 118, this company was authorized to increase its 
 capital stock from three hundred thousand to a sum not exceeding five 
 hundred thousand dollars ; provided, the said company shall from and after 
 the passage of this act [March 33, 1876,] run all its cars through from one 
 terminus of the road to the other. 
 
 Note. — A bill alleged the incorporation of certain persons by the name 
 of the Citizens' Railway Company, and that by a section of the act of in- 
 corporation it was provided that the parties named in the act should choose 
 from their number a president ; and the remaining incorporators, or a ma- 
 jority of them, should act as a board of directors for the management of the 
 affairs of the company until the first general meeting of the stockholders ; it 
 further alleged that a majority of the parties named in the act accepted the 
 same as required, and books of subscription to the capital stock were for- 
 mally opened, which contained an agreement by which it was agreed that 
 the parties subscribing would take the number of shares opposite their re- 
 spective names; that the capital stock of the company should not be more 
 than $300,000, and it shojild be divided into shares of $20 each; that as 
 
756 Railroads. 
 
 Article XL. — Ordinances. 
 
 tables at either end, as hereinafter specified, and of the gauge 
 of other passenger railways now in use in the city of Balti- 
 more, and to run passenger cars thereon, to be drawn by horses 
 through and on the following named streets: That is to say, com- 
 mencing on German street at the west line of South street, and 
 with a double track on German street to Charles street ; and 
 on Charles street to Saratoga street ; and with a single track on 
 Saratoga street, to and on Park street, to and on Franklin street 
 to Howard street, and on Howard street, running north from 
 Franklin street with a double track to and on Park avenue, to 
 and on Dolphin street, to and on Bolton street, to and on Mc- 
 Mechen street to the northern limits of the city ; also with a 
 single track on Howard street from Franklin street, running 
 south to Lexington street, and on Lexington street to Charles, 
 to connect with the double track on Charles street ; also with 
 a double or single track on Townsend street, from Bolton street 
 to John street, and thence on John street, to the northern lim- 
 its of the city, under the name and style of the Park Railway 
 Company. 
 
 soon as two thousand shares sliould be subscribed, eacli subscriber would 
 pay $5 per share, at the office of the treasurer. The bill further charged 
 that the complainants subscribed collectively for eight thousand and fifteen 
 shares, and had been ready and willing at all times to comply with their 
 legal undertakings when lawfully required; that certain corporators de- 
 clined to act as such, and only four remained ; that one of the four refused 
 to unite with the remaining persons, who, being but three in number, did 
 not constitute a majority of the incorporators after the election of a presi- 
 dent, and were therefore incompetent to perform the duties required of 
 them : that notwithstanding such incompetency, they issued a call for the 
 payment of $5 per share, and at the same time published a notice for the 
 election of officers on a day. named ; and that the defendants pretending to 
 be stockholders in the corporation proceeded to elect officers thereof ; that 
 said defendants had taken possession of seal, books, &c., of the corporation 
 and kept them concealed; that by their agents they had begun to dig up 
 the streets, and put down rails in accordance with the privileges granted by 
 the act of incorporation to the complainants and others having a majority 
 of the stock. The complainants further charged that they did not make 
 any payment on account of the shares subscribed by them, because the per- 
 son named as treasurer had not been legally elected, and because the parties 
 
Kaileoads. 757 
 
 Article XL. — Ordinances. 
 
 79. The said railway track shall be laid down and construct- iwd, i. 2. 
 ed subject to the inspection of the City Commissioner, and in a To beuid sub- 
 
 . . , . , ject to inspec- 
 
 rnanner receivini; his approval, so as not to impede or obstruct tionanUap- 
 
 o I r 1 f proval of City 
 
 the free flow of water in the street or gutters, and the crossings tommigsioner. 
 of the gutters by the said railway tracks shall be covered with 
 iron plates, and to such extent as the City Commissioner may 
 direct ; provided, that iu the event of the non-compliance on proviso, 
 the part of the said railroad company with the provisions of 
 this section, then the said railroad company shall forfeit and pay 
 a fine of not less than ten dollars, nor more than twenty dollars, 
 for every gutter not covered as herein provided, or for the ob- 
 struction of the free flow of water in every gutter so covered ; 
 and to forfeit and pay an additional fine of not less than five penalty fer non- 
 dollars nor more than ten dollars for each and every day such ""*'"""^''" 
 non-compliance may continue to exist, the said fines to be re- 
 covered as other fines are recoverable. 
 
 who issued the call had no right to do so. The bill charged fraud and con- 
 spiracy, and prayed for an injunction, a discovery, and the appointment of 
 a receiver. Held : 
 
 1. That the complainants, upon their own showing, were mere sub- 
 scribers who refused to comply with the terms of their own subscription. 
 
 2. That the complainants by subscribing to the shares of stock, promised 
 not only to take the shares, but to pay for them in accordance with the terms . 
 and conditions of the subscription. 
 
 3. That the complainants having failed to comply with the conditions 
 and terms of their subscription to the capital stock of the railway company, 
 without any default on the part of the corporation or its ofBcers, had no 
 
 such rights or interests in the stock as to entitle them to an injunction. • 
 
 Where a corporation has gone into operation, and rights have been ac- 
 quired under its charter, every presumption should be made in favor of its 
 legal existence. 
 
 Where an act of incorporation is accepted, and the company organized 
 provisionally thereunder, no subsequent withdrawal of any of the corpora- 
 tors will affect its vitality. 
 
 The mere subscribing to the stock of an incorporated company does not 
 constitute the subscriber a stockholder, but puts it in his power to become 
 such by compelling the corporation to give him the legal evidence of his 
 being a stockholder, upon his complying with the terms of the subscription. 
 Busy ei. al., v. Hooper et. al, 35 Md. 15. 
 
758 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, 8. 8. 80. The said railway tracks shall be made to conform to the 
 
 Tracks to con- Prades of the several streets occupied by them, and in case the 
 
 form to grades t j i 
 
 of streets. said grades or any of them- shall hereafter be changed, the pro- 
 prietors of the said railway shall, at their own expense, make 
 streets to be Corresponding alterations of the said tracks: and the streets 
 
 kept in proper . 
 
 repair. aforesaid along and through which the said tracks may be laid, 
 
 Free from snow, shall at all timcs be kept in proper repair and free from snow and 
 other obstructions, at the expense of the proprietors of said rail- 
 way, not only between the tracks, but for two feet beyond the 
 outsides thereof. 
 
 Ibid, s. 4, 81. No person shall be allowed to use street vehicles on the 
 
 Track not to be aforcsaid tracks of railway to the hindrance and delay of the 
 
 used by street '' '' 
 
 vehicles. cars, and all persons who shall upon the call or signal of any 
 
 driver, conductor, or other persons in charge of a car passing 
 on its route, wilfully neglect or refuse to vacate said tracks, shall 
 
 Penalty. be subjcct to a fine of no more than ten nor less than five dol- 
 
 lars, to be collected according to the provisions of Article XIX, 
 relating to Fines. 
 
 Ibid, s. 6. 82. The fare for the transportation of a single passenger, 
 
 Fare. from torminus to terminus, within the city limits, on the line 
 
 of railway by this ordinance authorized to be constructed, shall 
 not exceed the sum of six cents ; and it shall be the duty of the 
 proprietors of the said railway hereinbefore named, their asso- 
 ciates, successors, or assigns, through their treasurer or other 
 Quarterly state- proper officor or employee, to present quarterly to the City Keg- 
 .Register. ister a statement of the gross earnings from the passenger travel 
 
 on the line of said railway, and to accompany said statement 
 with the affidavit of the person making the same as to its cor- 
 rectness, and to pay at the same time to the City Register, for the 
 use of the park fund, one fifth [now twelve j^er centum^ of the 
 said gross receipts ; and for each car in daily use on the route 
 of said railway, the proprietors shall pay annually to the City 
 Comptroller a license of twenty dollars, [now five,] and the cars 
 of the said railway, and the running of the same, shall be sub- 
 
Kailkoads. 759 
 
 Article XL. — Ordinances. 
 
 ject to all the police regulatioDS of the city of Baltimore, made 
 and provided in such cases. 
 
 83. The persons hereinbefore named, their associates, sue- iMd, s. 6. 
 cessors or assigns, shall commence the work of laying clown and completion of 
 constructing the railway tracks aforesaid within ninety days, 
 
 and shall complete the said work, and commence the regular 
 running of cars within one year after the approval of this or- 
 dinance, otherwise the rights and privileges herein granted shall 
 be null and void ; provided, however, the provisions of this proviso, 
 section shall not apply in the case of any one of the streets here- 
 inbefore named which may not be paved and graded at the 
 time of the approval of this ordinance. 
 
 84. It shall be the duty of the proprietors of said railway iwd.s.?. 
 to run the cars on their routes from terminus to terminus, at intervals of 
 
 1 -,. . « ' k tr ' ^ ' 1 time at which 
 
 intervals not exceeding ten minutes, trom six A. M. to midnight, cars shaii be 
 between April Ist and October 1st, and from seven A. M. to 
 midnight, from October 1st to April 1st, under a penalty of five penalty, 
 dollars for each car that does not run to the extent of tracks as 
 embraced in this ordinance. 
 
 85. The persons herein named and referred to, or their sue- ibid, s. s. 
 cessors or assigns, shall, before commencing the work of con- Bond, 
 structing railway tracks as aforesaid, 'file with the City 
 Comptroller a bond to the Mayor and City Council of Baltimore, 
 
 to be approved by him, in the sum of thirty thousand dollars, 
 as a consideration for the faithful performance of all the ob- 
 ligations and liabilities contained in this ordinance. 
 
 86. In the event of the privilege being hereafter granted ibid.s. 9. 
 
 to any other company to run passenger railway cars along Privilege to use 
 
 1 /-N track on Charles 
 
 Charles street, from Fayette street south to German street, street, between 
 
 ' •' ... Fayette and 
 
 said company shall, if it is expressed in the ordinance giving German street*, 
 it such privilege, have the right to pass its cars to and fro over 
 the track of said Park Railway Company on Charles street, 
 between Fayette street and German street, on paying such a 
 
760 Railroads. 
 
 Article XL. — Ordinances. 
 
 Consideration. suTn to Said railway as may be determined by the Mayor, 
 City Commissioner and President of said Park Railway Com- 
 pany, or a majority of them. 
 
 No. 74, June?, 87. The pcrsons named in the first section of the Act of 
 Books of sub- Assembly of 1872, c. 3G9,* shall, on or before the twentieth 
 day of June, 1872, procure books wherein shall be written or 
 printed the following words : " We whose names are hereto 
 subscribed, do respectively and severally promise to pay to 
 the Baltimore, Peabody Heights and Waverly Railroad, the 
 sum of twenty-five dollars for each share of capital stock of 
 said company set opposite our names respectively in such 
 manner and proportions, and at such times, as shall be de- 
 termined by the president and directors of said company or 
 
 a majority of them. Witness our hands and seals this 
 
 Notice in daily day 1872," and shall thereupon give notice in one or 
 
 more of the daily papers published in the city of Baltimore 
 for one week at least, of the time and place, when and where 
 the said books shall be opened for subscription, which place 
 shall be at the office of the Peabody Heights and Waverly 
 Railroad Company of Baltimore county in the city of Balti- 
 more, and said book or books shall be there opened on the 
 day to be named at ten o'clock A. M., and kept open until 
 at least three thousand shares shall have been subscribed 
 for and taken. 
 
 * The Baltimore, Peabody Heights and Waverly Passenger Railroad was 
 incorporated by act of 1873, c. 369. It authorizes the company to lay down 
 and construct, maintain, use and operate passenger railways in the city of 
 Baltimore, on all such streets or parts of streets as may be designated in any 
 ordinance or ordinances which may be passed on the subject by the Mayor 
 and City Council of Baltimore, and upon such terms and subject to such con- 
 ditions as may be made by such ordinance or ordinances, and to receive and 
 to take such tolls and fares as may be designated by such ordinance or ordi- 
 nances, and as to all other matters not therein mentioned and provided 
 for, the rights and powers of said company shall be the same as those of the 
 Baltimore City Passenger Railway Company. The persons named in ordi- 
 nance No. 27, March 28, '72, p. 755 ante, assigned their right to B. P. H. & 
 W. P. R. Co. 
 
Railroads. 761 
 
 Article XL. — Ordinances. 
 
 88. In addition to the powers which the said company ma, s. a. 
 has now or may hereafter acquire hy assignment from the Assignment, 
 persons named in the ordinance, approved March 28, 1872, (p. 
 
 755 ante,) and which assignment is hereby ratified, it is here- 
 by further authorized and empowered to lay down a single Additional 
 or double track of passenger railway on North avenue, from 
 John street to the terminus of the Peabody Heights and 
 Waverly Railroad of Baltimore county, at the intersection 
 of North avenue and north Charles street, and connect with 
 the same ; and it is further authorized and empowered to 
 run passenger cars thereon, to be drawn by horses and with 
 all the privileges and under all the restrictions imposed by 
 the ordinance before mentioned. 
 
 89. If at any time hereafter the Mayor and City Coun- iwd, «.3. 
 
 cil of Baltimore shall grant to any other road the right to lay Right or way to 
 
 ., , , . -kT 1 o'h*' roads to 
 
 railway tiacks and run thereon city passenger cars on North run cars on 
 
 avenue west from John street, they shall then have tl^© JJ^*^^^^k- 
 
 power to grant to such other road the right to run their cars **"""'*• 
 
 upon the tracks of the Baltimore, Peabody Heights and 
 
 Waverly Railroad on North avenue, between Charles and 
 
 John streets, under such regulations and upon the payment 
 
 of such sum or sums of money to said Peabody Heights and consideration. 
 
 Waverly Railroad as shall be agreed upon and fixed by the 
 
 Mayor, City Commissioner and President of said Baltimore, 
 
 Peabody Heights and Waverly Railroad, or a majority of 
 
 them. 
 
 90. The Mayor and City Council of Baltimore, in here- iwa, s. 4. 
 after granting to other parties the right to run cars upon the Requirements 
 
 , , of others using 
 
 tracks oi the Baltmiore, Peabody Heights and Waverly tracita. 
 Railroad, either on Charles street south from Fayette to Ger- 
 man street, as provided for in section 86, ante, or on North 
 avenue between Charles and John streets as provided in the 
 preceding section, shall require in either case of such party 
 
762 Raileoads. 
 
 Article XL. — Ordinances. 
 
 or parties before exercising such rights a good and sufficient 
 Bond to B. p bond to be given to the Baltimore, Peabody Heights and 
 
 H & W. K. R. ° ' JO 
 
 Waverly Railroad, as security for the faithful performance of 
 all the requirements of any agreement made and fixed by 
 the Mayor, City Commissioner and President of said P. H. 
 & W. R. R., by whom also said bond shall be fixed and ap- 
 proved. 
 
 No. 106, June 8, 91. The Said company is hereby authorized and em- 
 
 '75. 
 
 Doiibietrack on powered to lay down and keep in repair a double track on 
 
 Howard street. 
 
 Howard street, to extend one hundred and fifty feet south of 
 the south side of Franklin street, and to connect the same 
 with its track on Franklin street. 
 
 BALTIMORE AND YORKTOWN TURNPIKE ROAD. 
 
 No. 7, S.I.Feb. 92. The president, managers and company of the Balti- 
 Authorized to morc and Yorktown Turnpike Road are hereby authorized 
 
 lay tracks on 
 
 North avenue, and empowered to lay down a double track of the City Pas- 
 senger Railways on North avenue, from G-reenmount avenue 
 to north Charles street, and on Greenmount avenue from the 
 city limits to Forrest street, and on Forrest, Hillen and East 
 streets to Gay street, so as to connect with the city passen- 
 ger railways at those points.* 
 
 Ibid, 8. 2. 93. The said railways shall be built under the super in- 
 
 city commis- tcudence of the City Commissioner ; the rails to be similar 
 
 sioner to super- . ,, , . p ., . 
 
 inteni. m all respccts to those now m use tor passenger railways in 
 
 * This ordinance recited that, by the Act of 1860, c. 259, the president, 
 managers and company of the Baltimore and Yorktown Turnpike Road were 
 authorized to extend the railways authorized to be built under that Act, into 
 the city of Baltimore, to such point or points, through such streets or ways, 
 and to connect, or cause the same to be connected, with such of the railway 
 tracks in said city, or which may be constructed therein, as the Mayor and 
 City Council of Baltimore shall permit, direct and ordain, and subject to 
 such restrictions, terms and conditions as said Mayor and City Council may 
 prescribe and impose. 
 
Bailboads. 763 
 
 Article XL. — Ordinances. 
 
 this city ; to be so laid down as to conform to the grades of conform to 
 the several streets as they are now, or may hereafter, be es- 
 tablished, through which they puss, and so as not to impede 
 or obstruct the free flow of water in the streets or gutters Not to obstruct 
 
 water courses. 
 
 thereof. The gauge of said railways also to be the same as 
 that of the passenger railways now in use in this city, so as 
 to allow vehicles to run upon the tram plate of the rail ; but 
 no vehicle shall be permitted to use said railways for the Passengers for 
 
 pay or nire. 
 
 purpose of carrying passengers for pay or hire.* 
 
 94. The cars running upon said railways ^shall not re- iwd.s. 4. 
 main standing on the line of these routes for passengers, and cars not tore- 
 
 ini ^ • 111 T !• 1 1 I"*'** standing 
 
 shall be subject to all the police regulations as to speed and on street, 
 otherwise, that are now, or may hereafter be prescribed by subject to po- 
 
 ,. ,. , . . ; ., , lice regulationi. 
 
 ordinances 01 the city in regard to railway cars or other ve- 
 hicles, so far as said regulations may be applicable thereto ; 
 and further, the price of transporting passengers on the 
 track of railways hereby authorized to be laid down on 
 Greenraount avenue, Forrest, Hillen and East streets, for 
 any distance, shall be five cents for each person over ten Fare, 
 years of age, and for children ten years old and under, a 
 sum not exceeding three cents each, and over the track on 
 North avenue, two cents for each person over ten years of 
 age, and for children ten years old and under, one cent 
 each.f 
 
 * Section 3 provided tliat the cars should not run on Sunday, but, by act 
 of 1868, c. 308, the company was authorized to run its cars on that day. 
 
 t By above section the rate of fare is fixed at five cents for each passenger 
 for all distances within the city limits. The act of 1865, c. 115, authorized 
 the company to collect from each passenger over the road not more than 
 thirty cents for the distance between the city limits and Towsontown ; and 
 not more than six cents for each mile or fraction of a mile for way passen- 
 gers on any portion of its railway. In the case of a passenger to the city 
 from a place on the road distant less than a mile from the city, it was held : 
 
 1. That the company had no right to claim from him more than eleven 
 
764 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid s. 5. 95. The president, managers and company of the Balti- 
 
 streetstobe morc and Yorktown Turnpike Road shall keep the streets 
 
 repaired at ex- ^ ■•■ 
 
 penseof com- coverod by said tracks, and extending two feet over the outer 
 limits of either side of said tracks, inclusive, in thorough re- 
 pair, at their own expense, and shall free the same from 
 
 Snow and other snow and othcr ohstructious, in doing which they shall not 
 
 obstructions. ^ o j 
 
 cause to be obstructed the other portion of the streets, and 
 for every non-compliance with this provision, the said com- 
 penaity. pauy shall forfeit and pay a fine of twenty dollars per square, 
 
 to be collected as other fines are now collected. 
 
 Ibid, s. 6. 96. The president, managers and company of the Baltimore 
 
 What part of and Yorktowu Turnpike Road shall, by their treasurer, under 
 
 gross receipts to , iii t /-^ -n 
 
 City Register, oath, pay luto the hands of the City Register during the first 
 ten days of January, April, July and October, in each and 
 every year, commencing for the first of said payments in Octo- 
 ber, 1863, one-fifth [now twelve per centum?^ of the gross receipts 
 accruing from passenger travel upon said railways within the 
 limits of the city, as hereby authorized ; and in default of the 
 payment being made within the ten days appointed, the said 
 Baltimore and Yorktown Turnpike Road Company shall be 
 
 Penalty. liable to the penalty of fifty dollars for each and every day dur- 
 
 ing the continuance of such default, to be recovered as other 
 fines and forfeitures are now recoverable ; said receipts to be 
 
 City Boundary applied to the establishment and improvement of the City 
 
 avenue. 
 
 Boundary avenue, as reported upon at the annual session of the 
 Mayor and City Council of Baltimore in 1853, by commision- 
 ers appointed at the annual session of 1851,(Res. Nos, 124 and 
 
 cents, that is to say, six cents for tlie fraction of a mile beyond the city 
 limits, and five cents for the route over its road in the city. 
 
 2. That while the company might provide for any reasonable " drawback " 
 for its own security, it must not be in the face of the law, which gave it no 
 authority to receive more than eleven cents. Below that limit, as a maximum, 
 it could exercise its own discretion as to the amount of fare, or any discount 
 on the same. Balto. & Ym'ktown Turnpike v. Booiie, 45 Md. 344. 
 
Railroads. 765 
 
 Article XL. — Ordinauces. 
 
 138,) and to the improvement of Druid Hill and Patterson 
 Parks, and such others as may be determine upon hereafter. 
 
 97. And it is hereby made a condition precedent to the ac- ibid, s. 7. 
 ceptance of the provisions of this ordinance by the said Balti- Right to change 
 more and Yorktown Turnpike Road Company, that the Mayor 
 
 and City Council of Baltimore shall have the right and privil- 
 ege to alter and modify the price for carrying passengers, 
 within the limits of the city, at any time hereafter when they 
 may deem it expedient for the public good. 
 
 98. Should the Baltimore and Yorktown Turnpike Road ibid, s. 8. 
 Company fail to commence the construction of the railways Forfeiture of 
 hereby authorized to be laid down, before May 1, 1863, and'* 
 complete them before November 1, next ensuing, or should 
 
 it fail to run it cars daily on the two routes hereinbefore de- 
 signated, according to the true intent and meaning of this ordi- 
 nance, for the space of one year after having commenced the 
 same, then, and in either case, the said company shall forfeit 
 all rights and privileges granted under and by authority of this 
 ordinance. 
 
 99. The president, managers and company of the Baltimore No, i6, Mar. 21, 
 and Yorktown Turnpike Road are hereby authorized to con- Tracks on 
 
 XT 1 Northern Boun- 
 
 struct temporary tracks 01 passenger railways on JNorthern dary avenue, 
 Boundary avenue from Greenmount avenue to Charles street ; 
 the work to be done under the supervision and subject to the 
 approval of the City Commissioner; provided, however, and it Proviso, 
 is hereby made a condition precedent to the acceptance of this 
 ordinance by the said president, managers and company, that 
 when that portion of Northern Boundary avenue as aforesaid 
 has been paved and graded, they, the said president, managers 
 and company will without delay remove the tracks herein au- 
 thorized to be temporarily constructed, and put down tracks of 
 railway similar to those now in use by the Baltimore City Pas- 
 sengers Railway Company. 
 
766 Railroads. 
 
 Article XL. — Ordinances. 
 
 No. 40, June 20, IQO. The president, managers and company of the Bal- 
 construct timorc and Yorktown Turnpike Road are hereby authorized 
 
 tracks on Hil- "^ *' 
 
 day^stMe"""'' ^^d empowered to construct a track of passenger railways 
 upon Hillen and Holliday streets, joining with their tracks 
 at the corner of East and Hillen streets, and terminating at 
 the intersection of Holliday street and Lexington street ; pro- 
 vided, however, and it is hereby made a condition precedent 
 to the acceptance of this ordinance by said president, mana- 
 
 At six months' gers and company, that said track shall be removed at any 
 
 notice to re- ^ r J . j 
 
 moTc trades, time after six months' notice to that effect by the Mayor and 
 City Council. 
 
 No. 130, Oct. 14, 101. The president, managers and company of the Bal- 
 R'ii^ay on timore and Yorktown Turnpike Road are hereby authorized 
 
 Holliday street. ^ •' 
 
 and empowered to extend their lines of railway on Holliday 
 street from the present terminus, at the intersection of Hol- 
 liday and Lexington streets, to its intersection with Balti- 
 more street. 
 
 Ordinances. 102. The president, managers and company of the Bal- 
 
 timore and Yorktown Turnpike Road shall, in laying down 
 and working the extension authorized to be made by the 
 preceding section, be governed by and subject to all the pro- 
 visions of the ordinance approved February 17, 1863, No. 7, 
 and of ordinance No. 40, of 18H5, under which they are em- 
 powered to lay down railway tracks within the limits of the 
 city of Baltimore. 
 
 Note. — The legislature has the power to authorize the construction of a 
 railway on the bed of a turnpike road, with the consent of the turnpike com- 
 pany, and the construction of such railway does not effect the right of the 
 turnpike company to collect tolls under its charter. Under the provisions of 
 the Act of 1804, c. 51, [amended by Acts of 1878, c. 261, and 1878, c 470,] and 
 its supplements, and of the Act of 1824, c. 105, the Baltimore and Yorktown 
 Turnpike Company have the right to charge and collect tolls on such por- 
 tion of their road as lies within the limits of the city of Baltimore. Hooper 
 V. President, &c. Baltimore and Yorktown Turnpike Road, 34 Md. 521. 
 
 The Act of 1872, c. 337, authorized the president, managers and company 
 
Railroads. 767 
 
 Article XL. — Ordinances. 
 
 REDUCTION OF TAX. 
 
 103. The Baltimore City Passenger Railway Company, no. 48, June 9, 
 Citizens' Railway Company, Baltimore, Peabody Heights Twelve per 
 and Waverly Passenger Railway Company, and Baltimore receipts to bo 
 and Yoiktown Turnpike Road Company, from and after the 
 
 first day of July, 1874, are eacli and separately required 
 to pay to the City Register twelve per centum, of their gross 
 receipts in lieu of the one-fifth, as now required under their 
 respective grants. 
 
 104. On or before this act shall take efiect it shall be ibid, 8.2. 
 agreed upon by the various railway comi)anies named in this Agreement, 
 ordinance, with the Mayor of Baltimore City, that those 
 companies which have the Slawson fare boxes in use on their siaw»on fare 
 
 boxes. 
 
 cars shall discard and remove the same, and each and all of 
 them, and any other company that may hereafter be incor- 
 porated, shall covenant and agree with the Mayor that they 
 or any similar contrivance shall not be placed therein, and 
 
 of the Baltimore and Yorktown Turnpike Road to sell, grant and convey, 
 unto any body corporate of this State, all the rights and franchises conferred 
 upon the president, managers and company of the Baltimore and Yorktown 
 Turnpike Road aforesaid, in and by the Act of 1860, c. 259, entitled a further 
 supplement to an act entitled on act to incorporate companies to make 
 several turnpike roads through Baltimore county, and for other purposes ; 
 to authorize the laying down and equipment of a railway on the Baltimore 
 and Yorktown turnpike road, between Baltimore and Towsontown, and 
 the collection of tolls thereon ; and also the railway and railway tracks 
 made and constructed and laid down thereunder, and the right to use, man- 
 age and enjoy the same iu perpetuity, in the manner and under the terms 
 and conditions, and with the privileges in the said last mentioned act pro- 
 vided, and all the cars, horses and other equipments and furniture to said 
 railway appertaining, and to receive payment therefor in money, or in capi- 
 tal stock of the corporation so purchasing the same, or otherwise, as may be 
 agreed upon by and between the said parties, and that the act shall take 
 effect when accepted by a majority in value of the stockholders of the 
 president and managers and company of the Baltimore and Yorktown 
 Turnpike Road, aforesaid, at a general meeting. 
 
768 Railroads. 
 
 Article XL. — Ordinances. 
 
 Children's fare, that children Under twelve years of age shall pay not more 
 than four cents fare. 
 
 Ibid, i. 3. 105. In default of the payment of the tax hereinhefore 
 
 Penalty for non- provided for, OH or before the davs or time appointed for 
 
 payment of tax. -^ " . . 
 
 making such payment, the corporations or railroad compa- 
 nies shall be liable to the penalty of one hundred dollars for 
 each day of the continuance of such default after ten days 
 after the expiration of each quarter, to be recovered by the 
 Mayor and City Council according to law. 
 
 Ibid, S.5. 106. Nothing herein contained shall be so construed as to 
 
 siawson box on prevent the use of the Slawson box by the Baltimore, Pea- 
 
 B. p. H. W. R. ^ "^ . ' 
 
 ^- body Heights and Waverly Passenger Railroad Company ; 
 
 Proviso. provided the said company shall continue to use cars of the 
 
 same dimensions as are now running upon their railway ; 
 provided, further, that no company shall have the benefit of 
 the reduction of tax aforesaid unless they shall, within ten 
 days after the first day of July, 1874, have settled up or made 
 payment for the amount that may be respectively due on the 
 
 Amounts due by first day of July, 1874. 
 
 companies. "^ 
 
 No. 65, Apr. 30, 107- The liccuse of city passeugcr railway cars shall be 
 License on cars, fivc doUars per auuum upon each car. 
 
 THE PEOPLE'S PASSENGER RAILWAY.* 
 
 No. 74, June as, 108. William Frederick, Jacob Tome, Michael P. O'Hern 
 
 On what streets and Gcorgc W. P. Ooatcs, of the city of Baltimore, in 
 
 the State of Maryland, or a majority of them, and those who 
 
 *By the Act of 1878, c. 230, the People's Passenger Railway Company of 
 Baltimore city, incorporated under the Act of 1876, c. 242, providing for the 
 creation and regulation of incorporated companies, is empowered to accept 
 subscriptions to its capital stock in personal property or real estate, or in 
 both personal property and real estate, at such valuation as may be agreed 
 upon between said company and those subscribing at the time of said sub- 
 scription, instead of pursuing the provisions of the seventh section of said 
 act. 
 
Kailroads. 769 
 
 Article XL. — Ordinances. 
 
 are now or may hereafter become associated with them, and 
 their successors and assigns, are hereby authorized and 
 empowered to lay down and construct iron railway tracks, 
 as hereinafter specified, and of the gauge of other passenger 
 railways now in use in the city of Baltimore, and to run there- 
 on passenger cars, to be drawn by horses, through, along and 
 on the following named avenues and streets, that is to say : 
 commencing on Druid Hill avenue, at the southeastern most 
 line of North avenue, and with a double track on Druid Hill 
 avenue to Paca street; thence by a double track on Paca 
 street to a point sixty feet south of the south side of Saratoga 
 street ; thence by a single track on Paca street to a point sixty 
 feet to the north of the north side of Fayette street ; thence 
 with a double track on Paca street to South Paca street, on 
 South Paca street to Warner street, on Warner street to Hen- 
 rietta street, on Henrietta street to Charles street, on Charles 
 street to Randall street, on Randall street to Webster street, 
 on Webster street to Fort avenue, on Fort avenue to Benjamin 
 street, with branch on Hull street to Nicholson street, on Hull 
 street to Nicholson street, thence to the southwest branch of 
 the Patapsco river, with a lateral branch beginning at the 
 intersection of Randall and Charles streets, on Charles street 
 to the water's edge. 
 
 1C9. The said railway track shall be laid down and con- ibid, s. 2. 
 structed with a rail five inches wide, equal to any now in Rails, 
 use by other railway companies, subject to the inspection of inspection or 
 the City Commissioner, and in a manner to receive his appro- sioner""""'^ 
 val, and so as not to impede or obstruct the full flow of water 
 in the streets or gutters, and all crossings of the gutters by the 
 railway tracks aforesaid shall be covered with iron plates, and 
 to such extent as the City Commissioner may direct ; provided, 
 that in case of non-compliance on the part of the railway com- 
 pany aforesaid with the provisions of this section, then the said 
 railway company shall forfeit and pay a fine of not less than 
 
 I 
 
770 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 Penalty, ten nor more than twenty dollars for every gutter not covered 
 
 as herein provided, or for the obstruction of the free flow of 
 water in every gutter so to be covered, and shall forfeit and 
 pay an additional fine of not less than five nor more than ten 
 dollars for each and every day such non-compliance may con- 
 tinue to exist after due notification thereof, said fines to be 
 recovered as other fines are recoverable. 
 
 Ibid, s. 3. 110. The said railway tracks shall be so made as to con- 
 
 Repaving. form to the grades of the several streets to be occupied by 
 them, and in case the several streets to be occupied by them 
 shall in future be repaved with any improved pavement, Bel- 
 gian or otherwise, the proprietors of said railway shall repave the 
 spaces between the tracks, and two feet on either side of said rail- 
 way, with said improved pavement, Belgian or otherwise, at 
 their own exclusive expense, under a penalty of twenty dollars 
 per square for each week that said spaces between the said 
 railway tracks, and two feet on either side remain un paved 
 with such improved pavement, Belgian or otherwise, after due 
 notice to the proprietors of said railway, the said fine to be 
 collected as other city fines are now collected ; and in case the 
 said grades or any of them shall be changed hereafter, the 
 proprietors of the railway aforesaid, at their own expense, 
 shall make corresponding alterations of the said tracks, and 
 the owners and proprietors of said railways shall keep the 
 streets covered b^' said tracks, and extending two feet on the 
 outer limits of either side of said tracks, in thorough repair at 
 their own expense, and shall free the same from snow or other 
 
 Obstructions, obstructious ; in doing which they shall not cause to be ob- 
 structed the other portions of the street on either side of the 
 railway tracks authorized by this ordinance to be constructed, 
 and for non-compliance the Mayor and City Council may ira- 
 
 Penaity. posc such reasonable fines, not exceeding twenty dollars per 
 
 square for every day each square is obstructed, to be collected 
 as other city fines are now collected. 
 
Railroads. 771 
 
 Article XL. — Ordinances. 
 
 111. No one shall be allowed to run or use street oriwd, a. 4. 
 other vehicles on the said railway tracks, to the hindrance and vacating track 
 
 for cars. 
 
 delay of tiie cars thereon, and all persons who upon the call or 
 signal of any driver, conductor, or other party in charge of a 
 car passing on its route, shall neglect wilfully or refuse to 
 vacate said track, shall be subject to a fine of not less than two Penalty, 
 or more than five dollars for eacli and every such offence, to 
 bo collected conformably with the provisions of Article XIX, 
 relating to Fines. 
 
 112. The fare for the transportation of a single passen- iwd, s. 6. 
 ger from terminus to terminus, (or less distance, at such Fare, 
 passenger's option,) within the city limits on the line of rail- 
 way by this ordinance authorized to be constructed, shall not 
 exceed the sum of six cents, and it shall be the duty of the 
 proprietors of the said railway, their associates, successors or 
 assigns, through their treasurer or other proper officer or em- 
 ployee, quarterly to present to the City Register, for the use 
 
 of the park fund, twelve per centum of the said gross receipts, Tax. 
 and the Mayor and City Council of Baltimore hereby reserve 
 the right and power to increase the said per centum &t Any 
 time hereafter, and for each car in daily use on the route of 
 said railway the then proprietors shall pay yearly to the City 
 Comptroller a license tax of five dollars, and the cars of the License, 
 said railway and the running of the same shall be subject to 
 all the police regulations of the city of Baltimore in such cases 
 made and provided. 
 
 113. The persons named hereinbefore, their associates, sue- ibw, s. 6. 
 cessors or assigns, shall commence the work of laying down Time within 
 
 which work to 
 
 and constructmg the railway tracks aforesaid within two be begun and 
 months from the approval of this ordinance, and shall com- 
 plete the said work and commence the regular running of cars 
 within nine months after the approval hereof; otherwise 
 the rights and privileges herein granted shall be null and void ; 
 provided, however, that the provision|^of this section shall not 
 
 wm 
 
772 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 apply in case any one of the streets hereinbefore named may 
 not have been paved and graded at the time of the approval 
 of this ordinance, or should any of said streets be undergoing 
 repair by the city authorities in such manner as to interfere 
 with the laying and constructing of the railway tracks afore- 
 said, said provision not to apply until such repairs shall have 
 been conipleted, the tracks of said road, however, to be laid 
 on such streets or parts of streets as far as opened, paved and 
 graded. 
 
 Ibid, s. 7, 
 
 Intervals of 
 running cars. 
 
 Ibid, s. 8. 
 Bond. 
 
 114. It shall be the duty of the proprietors of said rail- 
 waj' to run the cars on their routes from terminus to termi- 
 nus within the city limits at intervals not exceeding ten 
 minutes from six o'clock A. M. till eleven o'clock P. M. every 
 day, under a penalty of five dollars for each car that shall not 
 run to the extent of tracks as embraced in this ordinance ; 
 provided, they shall employ a conductor and driver on 
 each car. 
 
 115. The persons herein named and referred to, or their 
 successors or assigns, before commencing the work of con- 
 structing railway tracks as aforesaid, shall file with the City 
 Comptroller a bond to the Mayor and City Council of 
 Baltimore, to be approved by the Mayor, in the sum of ten 
 thousand dollars, as a security for the faithful performance 
 of all the obligations and liabilities contained in this ordi- 
 nance. 
 
 bid, ss. 9, 10. 116. The railway privileges conferred by this ordinance 
 Board of direc- are granted upon the condition tiiat the same siiall be at 
 all times under the control and management of a board of 
 directors, a majority of whom shall be bona fide residents of 
 the city of Baltimore, and if at any time the said railway shall 
 cease to be controlled by a board of directors, a majority of 
 whom shall be residents of said city of Baltimore, the privi- 
 leges hereby granted shaU be revoked, and this ordinance shall 
 
 Majority resi- 
 dents ot Biilti- 
 more city. 
 
Railroads. 773 
 
 Article XL. — Ordinances. 
 
 be nu]l and void. Nothing herein shall be so construed as to Revocable, 
 prevent the city from withdrawing the privileges herein con- 
 ferred. 
 
 DRUID HILL PARK RAILWAY. 
 
 117. Should the Park Commission deem it expedient, they No. 37,». 4, 
 
 . ' May 2, '63. 
 
 may, under tlie direction of the City Commissioner, lay down parkcommis- 
 
 "1 1 1 -KT t 1 -»«•!• sion to lay rail- 
 
 railway tracks on the North avenue, between Madison avenue way tracks on 
 
 Ndrth avenue, 
 
 extended and the Reisterstown road, with a view of facilitating ^'^■ 
 the railway access to Druid Hill Park, subject to the same con- 
 ditions as those established in the similar grant hereinbefore 
 made to the president, managers and company of the Baltimore 
 and Yorktown Turnpike Road, and the said commission may 
 delegate this power for a period not exceeding five years to any 
 party with whom they may agree for the construction of a rail- 
 way track or tracks to or within the park. 
 
 118. It shall be lawful for the persons* with whom the Park No. 39, June 14, 
 Commission may contract to run the cars upon the route built Route. 
 
 by them, and commencing at the intersection of Nortii avenue 
 and Madison avenue extended, and ending at a point near the 
 ]>?ivilion in Druid Hill Park, to charge the following rates of 
 tare, viz : five cents for each person each way, and three cents Fare, 
 for each child under twelve years of age each way. 
 
 Note.— By 1861-'62, c. 258, John W. Randolph, William Chesnut, Wil- 
 liam H. Catlicart, Jonatlian Brock and Ephraim Hoffman, and their asso- 
 ciates, successors and assigns, Avere created a corporation and body politic, 
 by the name and style of the City Park Railway Company, and by that 
 name to have perpetual succession, and be able and capable in law to sue 
 and be sued, to make and use a common seal, to ordain and pass by-laws 
 and regulations necessary for conducting the affairs of the corporation, to 
 acquire and hold all necessary real estate, and in general to have and exer. 
 cise all such other corporate powers and faculties proper to effectuate' the 
 purpose of this act. 
 
 2. The object of the said corporation is to be the building, construction 
 and working of a passenger railway in Baltimore county, from Druid Hill. 
 Pajk, to connect with the Baltimore City Passenger Railway Company at 
 
774 Eailroads. 
 
 Article XL. — Ordinances. 
 
 BALTIMORE AND HALL SPRINGS RAILWAY. V 
 
 No. 911, July 16, 119. The Baltimore and- Hall Springs Railway Company* 
 
 Tracks. IS hereby authorized and empowered to lay down and construct 
 
 single iron railway tracks, (with sidings at the points hereinafter 
 
 specified, of the gauge of other passengers railways now in use in 
 
 any or all of the different termini of said company's roads on the Northern 
 avenue of said city. 
 
 3. The corporation hereby created is vested with all necessary power 
 and authority to lay down, construct and to use and operate passenger 
 railways, with double or single tracks, over the roads known as Madison 
 avenue extended, Pennsylvania avenue, or any other road, made or to be 
 made, between said Druid Hill Park and the Northern boundary of Balti- 
 more city. 
 
 4. The capital stock of this corporation shall consist of three thousand 
 shares of the par value of twenty dollars per share. 
 
 5. The said company shall for running the cars on said route, be entitled 
 to charge no more than three cents a passenger for the trip between the said 
 park and Northern avenue, and five cents for the round trip. 
 
 6. The City Park Railway Company, hereby incorporated, shall not be 
 authorized by anything contained in this act to exercise banking privileges, 
 or to issue any note, token, device, scrip, or other evidence of debt, to be 
 used as a currency. 
 
 Under this act the railway tracks of the Baltimore City Passenger Rail- 
 way Company were extended in the spring of 1878, from North avenue to 
 the entrance of Druid Hill Park on Madison avenue extended. 
 
 *The Baltimore and Hall Springs Railway Company was incorporated by 
 the Act of 1870, c. 444. The fifth section thereof authorized the company 
 to make and construct a railway, with single or double track and sidings, as 
 they may deem expedient for the transportation of passengers, by horse pow- 
 er, from Baltimore city to Hall Springs, in Baltimore county, to connect 
 with the Baltimore City Passenger Railway at the corner of Chew street and 
 Central avenue, or such other place or places as may be deemed most advan- 
 tageous to the interest of the company, and in like manner with the terminus 
 of the said Baltimore City Passenger Railway on the Belair road, at or near 
 the Baltimore Cemetery, by a road to be laid from said terminus to Hall 
 Springs, on the Belair road or adjacent thereto, and crossing from the Belair 
 road to the Baltimore and Harford turnpike, at a point near to Herring run. 
 The act of 1872, c. 199, extended the time for completion of this road to April 
 13, 1875. 
 
Railboads. 775 
 
 Article XL. — Ordinances. 
 
 the city of Baltimore, and to rnn passenger cars thereon,) to 
 be drawn by horses through and on the following named streets : 
 commencing on the north boundary line on Harford avenue to 
 Central avenue, thence southwardly on Central avenue to Mad- 
 ison street, thence on Madison street westwardly to Aisquith 
 street, thence on Aisquith street southwardly to Fayette street, 
 thence on Fayette street westwardly to North street, to connect 
 with the Citizens' Passenger Railway at that point. 
 
 120. The said railway tracks shall be laid down and con- ibid, a. 3. 
 structed subject to the inspection of the City Commissioner, Manner in 
 
 ** . ^. •' ' which tracks 
 
 and in a manner receiving his approval, and so as not to impede «*>»'i ^^ '»'"^- 
 or obstruct the free flow of water in the streets or gutters, and 
 the crossings of the gutters by the said railway tracks shall bo 
 covered in such manner .and to such extent as the City Com- 
 missioner may direct. 
 
 121. The said railway tracks shall be made to conform toiwa.s.s. 
 
 the grades of the several streets occupied by them, and in case Tracks to con- 
 form to grades 
 
 the said grades of any of them shall hereafter be changed, the °' streeu. 
 said company shall, at its own expense, make corresponding 
 alterations of the said tracks, and the streets aforesaid, and 
 through which the said tracks may be laid down, shall at all Free or snow, 
 times be kept in proper repair, and free from snow and other 
 ubstructions at the expense of the said company, not only be- 
 tween the tracks but for two feet beyond the outer edge thereof. 
 
 122. No person shall be allowed to use street vehicles on iwd, s.4. 
 
 the aforesaid tracks of railway to the hindrance and delay of Tracts not to be 
 
 used by ve- 
 
 tlie cars, and all persons who shall upon ^le call or signal of hi-ies. 
 any driver, conductor, or other persons in charge of a car pas- 
 sing on its route, wilfully neglect or refuse to vacate said track 
 shall be subject to a fine of not more than ten, nor less than Penalty. 
 iive dollars, to be collected according to the provisions of 
 Article XIX relating to Fines. 
 
 123. The fare for the transporation of a single passenger ibid, s. 5. 
 from terminus to terminus within the city limits on the line of Fare. 
 
 Ilk 
 
776 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 Register. 
 
 the railway by this ordinance authorized to be constructed, shall 
 not exceed the sum of six cents ; and it shall be the duty of 
 the president or other proper oflScer of the said Baltimore and 
 Quarterly state- Hall Springs Railway Company to present quarterly to the 
 City Register a statement of the gross receipts accruing on the 
 passenger travel on the line of said railway from terminus to 
 terminus within the limits of the said city, and to accompany said 
 statement with the affidavit of the person making the same as 
 to its correctness, and to pay at the same time to the City Reg- 
 ister, for the use of the park fund, one-fifth [now twelve 
 jper centum^ of the said gross receipts, and for each car in 
 daily use on the route of the said railway, the said company 
 shall pay annually to the City Comptroller a license of twenty 
 dollars, [now five,] and the cars of said railway, and the 
 running of the same, shall be subject to all the police 
 regulations of the city of Baltimore made and provided in 
 such cases. 
 
 Tax 
 
 Ibid, s. 6. 124. The said company shall commence the work of laying 
 
 Completion of dowu and Constructing the railway tracks aforesaid within 
 ninety days, and shall complete the said work and commence the 
 regular running of cars within one year from and after the ap- 
 proval of this ordinance, otherwise the rights and privileges 
 herein granted shall be null and void. 
 
 Ibid, 8. 7. 
 
 Turn-outs or 
 sidings. 
 
 Ibid, s. 8. 
 Bond. 
 
 125. The said company is authorized and empowered to 
 construct two turn-outs or sidings upon the line of said route, 
 the one to be located upon Aisquith street, at a point between 
 Fayette and Madison sireets, and the other upon Central ave- 
 nue, between Madison street and Harford avenue. 
 
 126. The said company shall, before commencing the work 
 of constructing the railway tracks as aforesaid, file with the City 
 Comptroller a bond to the Mayor and City Council of Baltimore, 
 to be approved by him, in the sum of twenty thousand dollars, 
 conditioned for the faithful performance of all the obligations 
 and liabilities contained in this ordinance. 
 
Kaileoads. 777 
 
 Article XL. — Ordinances. 
 
 127. The company is hereby authorized and empowered to no. lov.oct. is, 
 construct a turn-out or siding upon the line of the route, auth- Turn-outs or 
 
 . . . sidings. 
 
 orized by the preceding ordinance, to wit. at the junction of Cen- 
 tral avenue with Harford avenue and upon Fayette street be- 
 tween Holliday and North streets. 
 
 128. The said sidings sliall be constructed subject to theibid,8.2. 
 provisions as to drainage, repairs, and construction, to the ap- how constmct- 
 proval of the City Commissioner, as embodied in the preceding 
 ordinance. 
 
 129. The Baltimore and Hall Springs Railway Company no. 4?, June 9, 
 is relieved from its accrued indebteness to the city of Baltimore indebtedness to 
 
 city. 
 
 upon transfering $6,243 jVjt to the City Register for account of 
 the city of Baltimore, tlie amount of said indebtedness to De- 
 cember 31, 1873, in the shares of the capital stock of said com- 
 pany ; and from the first of January, 1874, until the first of park t«x after 
 January, 1876, the said company is relieved entirely from the 
 payment of the park tax, and thereafter the said company is 
 required to pay to the City Register out of its gross receipts, 
 on its city line, such proportion of park tax as may then be 
 required by existing laws. (See p. 767, ante.) 
 
 130. The said company is hereby authorized and empower- No.ioi.Mayas, 
 ed to put down four additional switches, in connection with «wit«hes on 
 
 Harlord avenue, 
 
 their track, at such points on Harford avenue, Canal street or <^entrai avenue, 
 
 ' r 7 Aisquitn street, 
 
 Central avenue, Aisquith street and Fayette street, as shall be *"^" 
 designated by the City Commissioner, said tracks or switches 
 to be laid down under the supervision of the City Commis- 
 sioner, provided that no additional switch shall be laid down 
 on Fayette street, between Gay and North streets. 
 
 BALTIMORE AND HERRING RUN RAILROAD. 
 
 131. By ordinance No. 99, Nov. 1, 1873, the persons named no. 99, Nov. 1, 
 therein and others were authorized and empowered to lay down Tracks, 
 and construct iron railway tracks, single or double, with turn- 
 tables at either end, as hereinafter specified, and of the gauge 
 
 Ilk 
 
778 
 
 Railkoads, 
 
 Article XL. — Ordinances. 
 
 of other passenger railways now in use in the city of Balti- 
 more, and to run passenger cars thereon, to be drawn by horses, 
 through and on the following named streets. That is to say, 
 commencing at the eastern limits of the city, at Baltimore 
 street, and running thence westerly on Baltimore street to 
 Gist street, thence northerly on Gist street to Orleans street, 
 thence westerly on Orleans street to Forrest street, thence 
 southerly on Forrest street to Douglas street, thence westerly 
 on Douglas street to Chesnut street. 
 
 Ibid, s. 2. 
 
 Manner in 
 which tracks 
 shall be laid 
 
 Proviso. 
 
 Penalty. 
 
 Ibid, s. 3. 
 
 Tracks to con- 
 form to grades 
 of streets. 
 
 Free of snow, 
 tie. 
 
 132. The said railway track shall be laid down and con- 
 structed subject to the inspection of the City Commissioner, 
 and in a manner receiving his approval, and so as not to im- 
 pede or obstruct the free flow of water in the streets or gutters, 
 and the crossings of the gutters by the said railway tracks 
 shall be covered in such manner and to such extent as the 
 City Commissioner may direct; provided, that in the event of 
 the non-compliance on the part of the said railroad company with 
 the provisions of this section, the said railroad company shall 
 forfeit and pay a fine of not less than ten dollars nor more 
 than twenty dollars, for every gutter not covered as herein 
 provided, or for the obstruction of the free flow of water in 
 every gutter so covered, and to forfeit and pay an additional 
 fine of not less than five nor more than ten dollars for each 
 and every day such non-compliance may continue to exist, the 
 said fines to be recovered as other fines are recoverable. 
 
 133. The said railway tracks shall be made to conform to 
 the grades of the several streets occupied by them, and in case 
 the said grades or any of them shall hereafter be changed, the 
 said company shall, at its own expense, make corresponding 
 alterations of the said tracks, and the streets aforesaid, and 
 through which the said tracks may be laid down, shall at all 
 times be kept in proper repair, and free from snow and other 
 obstructions, at the expense of the said company, not only be- 
 tween the tracks, but for two feet beyond the outer edge thereof. 
 
Railroads. 779 
 
 Article XL. — Ordinances. 
 
 134. No person sliall be allowed to use street vehicles on ibid.s. 4. 
 
 the aforesaid tracks of railway to the hindrance and delay of Tracks not to be 
 
 used by ve- 
 
 the cars, and all persons who shall upon the call or signal of »"1m. 
 any driver, conductor, or other person in charge of a car pas- 
 sing on its route, wilfully neglect or refuse to vacate said 
 tracks, shall be subject to a fine of not more than ten nor less penalty, 
 than five dollars, to be collected according to the provisions 
 of Article XIX, relating to Fines. 
 
 135. The fare for transportation of a single passenger from ibid, s. s. 
 terminus to terminus, within the city limits, on the line of the Fare, 
 railway by this ordinance authorized to be constructed, shall 
 
 not exceed the sum of six cents, and it shall be the duty of 
 the president or other proper officer of the said Baltimore and 
 Ilerrinff Run Railroad Company to present quarterly to the Quarterly state - 
 City Register a statement of the gross receipts accruing on the Kegistor. 
 passenger travel on the line of said railway from terminus to 
 ' terminus, within the limits of said city, and to accompany said 
 statement with the aflidavit of the person making the same 
 as to its correctness, and to pay at the same time to the City 
 Register for the use of tiie park fund, one-fifth [now twelve Tax. 
 per centum, see p. 767 ante] of said gross receipts, and for each 
 car in daily use on the route of said railway, the said company 
 shall pay annually to the City Comptroller a license of twenty License, 
 dollars [now five, see p. 768 ante] and the cars of said 
 railway and the running of the same shall be subject to all 
 the police regulations of the city of Baltimore, made and pro. 
 vided in such cases. ^ 
 
 136. The said company shall commence the work of lay- iwd, s. c. 
 ing down and constructing the railway tracks aforesaid within completion of 
 ninety days, and shall complete the said work and commence 
 
 the regular running of cars within one year from and after 
 the approval of this ordinance, otherwise the rights and privi- 
 leges herein erranted shall be null and void. 
 
780 Kait.roads. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 7. 137. The said company shall, before commencing the work 
 
 Bond. of constructing the railway tracks as aforesaid, file with the 
 
 City Comptroller a bond to the Mayor and City Council of 
 Baltimore, to be approved by him, in the sum of twenty 
 thousand dollars as a consideration for the faithful performance 
 of all obligations and liabilities contained in this ordinance. 
 
 BALTIMORE AND RANDALLSTOWN RAILROAD. 
 
 No. 68, May 24, leS8. The Baltimore and Kandallstown Railroad Company* 
 Tracks. is hereby authorized and empowered to lay down and construct 
 
 a single iron railway track with necessary sidings, and to run 
 passenger cars thereon drawn by horses through and on the 
 following avenues and streets ; commencing at a point on Ful- 
 ton avenue where the Baltimore and Liberty Turnpike Com- 
 pany crosses the same, and running thence northwardly on 
 Fulton avenue to its intersection with Baker street, and thence 
 eastwardly on Baker street to Pennsylvania avenue. 
 
 Ibid, s. 2. 139. The said railway track shall be laid down and con- 
 
 Tracic to he laid structed subjcct to the inspection of the City Commissioner 
 
 subject to ap- ' '' 
 
 provai of ciiy and iu a manner receiving his approval, and so as not to im- 
 pede or obstruct the freeflow of water in the streets or gutters, 
 and the crossings of the gutters by the said railway track shall 
 be covered in such manner and to such extent as the City Com- 
 missioner may direct. 
 
 * Tlie subscription book of this railroad incorporated as the " Baltimore 
 and Randallstown Railroad," was headed as follows: "Baltimore and 
 Randallstown Railroad." We, the undersigned, whose names are hereto 
 affixed do hereby agree to subscribe to the amount of stock set opposite our 
 names in the capital stock of the Baltimore and Randallstown Horse Rail- 
 road, &c. Held: that the introduction of the additional word in the name 
 could not mislead a subscriber, and that the subscription would have been 
 valid, even if the true name had been omitted from the commencement of 
 the heading. Oler v. B. & B. R., 41 Md. 583. See this case as to incor- 
 porating horse railways under act of 1870, c. 476, amended by 1876, c. 342, 
 authorizing construction of railroads. 
 
r 
 
 Railroads. 781 
 
 Article XL. — Ordinances. 
 
 140. The said railway tracks shall be made to conform toiwd.s. 3. 
 thesrrade of the several streets occupied by them, and in case to correspond 
 
 _ " r ./ J to the grade of 
 
 said grades or any of them shall hereafter be changed, the said «'««"• 
 company shall at its own expense make corresponding altera- 
 tions of the said tracks: and the streets aforesaid through streets to be 
 
 " kept paved and 
 
 which the said tracks shall be laid down shall at all times \)q in proper rep&u 
 kept paved and in proper repair and free from snow and other JVee from snow, 
 obstruction, at the expense of the said company, between the 
 tracks and for tw^o feet beyond the outer edge thereof. 
 
 141. No person shall be allowed to use street vehicles on iwd, ss. 4, 5. 
 the aforesaid tracks of railway to the hindrance and delay of street vehicle* 
 
 prohibitetl from 
 
 the cars, and all persons who shall, upon the call or sign of "»'"' '"<=''• 
 any driver, conductor or other person in charge of a car pas- 
 sing upon its route, wilfully neglect or refuse to vacate said 
 tracks, shall be subject to a fine of not more than ten nor less Penalty, 
 than five dollars. Said railway shall be subject to the police 
 regulations of the city of Baltimore, made and provided for in Police reguu- 
 such cases, and shall be subject to removal by receiving six 
 months' notice from the Mayor. 
 
 BALTIMORE AND OHIO RAILROAD. 
 
 142. Ordinance No. 28, March 28, 1829, enacted the fol- No. 28, Mar. as, 
 
 '09. 
 
 lowing: the president and directors of the Baltimore and Authorized to 
 
 introduce rail- 
 
 Ohio Railroad Company are hereby authorized to introduce 'o»'i''»'">city. 
 and construct said road from the first stone, at the western 
 l)oundary of the city, to Baltimore street, along or near to the 
 line as laid down by the board of engineers, in their report, 
 dated January 31, 1829, a copy of which report, with the seal 
 of the said company, and the plats and documents accompany- 
 ing the same, shall be tiled in the Register's office; provided, 
 the president and directors in the construction of said road 
 shall not deviate from the elevation of sixty-six feet, as desig- 
 nated by said report.* 
 
 ' This ordinance recites that the president and directors of the Baltimore 
 
782 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 No. 18, 3. 1, 
 Apr. 4, "SI. 
 From depot to 
 city property 
 east of Jones' 
 falls. 
 
 Ibid 8. 3. 
 
 On Camden 
 street. 
 
 143. The Baltimore and Ohio Railroad Company are 
 hereby authorized to introduce, construct and lay down a 
 single track of railroad or railway, of stone or iron, or of both, 
 from the depot [removed] on Pratt street, and thence along the 
 centre of Pratt street to President street to the property of the 
 city on the east side of Jones' Falls ; provided, that said track 
 or railway be completed before October 1, 1832.* 
 
 144. The Baltimore and Ohio Railroad Company are here- 
 by also authorized to introduce, construct and lay down a 
 single track of railroad or railway, of stone or iron, or both, 
 
 and Ohio Railroad Company, have, by a communication dated February 
 3d, and a resolution of February 7th, 1829, requested permission of this 
 corporation to introduce the main stem of the said road within the limits of 
 the city, and the said president and directors having also furnished a copy 
 of the report of the board of engineers of said company to the president 
 and directors, dated January 31st, 1829, in which the route of the said road 
 is laid down from the first stone to the Belair road. 
 
 1827, c. 209, enacted that it shall and may be lawful for the president and 
 directors of the said company to begin the said railroad at any point within 
 the said city of Baltimore, which they may think proper, and to make and 
 extend the said road from such point to the outer limits of the said city,- and 
 that the same powers, rights and privileges shall be and are hereby granted 
 to the aforesaid company, within the limits of the city of Baltimore, in 
 relation to, and in connection with, the said railroad within the said city, as 
 are granted to them in relation to, and in connection with, the said railroad 
 in any other part of the State ; and the said company shall, within the said 
 city, be subject to the same obligations that are imposed on them in other 
 parts of the State, by the original act to which this is a supplement, (1826, c. 
 123 ;) provided, always, that the said road to be constructed within the said 
 city, shall be so constructed and made as not to tnterfere with the free use 
 and traveling on said streets; and provided, also, that the said railroad shall 
 not pass through any of the streets, lanes or alleys of said city, without the 
 consent of the Mayor and City Council of Baltimore being first had and 
 obtained. 
 
 *By ordinance No. 57, June 11th, 1847, the Baltimore and Ohio Railroad 
 Company was released from the obligation in the above section, to continue 
 the use of stone in the repairs or reconstruction of the company's tracks 
 within the city — and permission was given to use timber in the repairs or re- 
 construction of said tracks ; provided that the said tracks be graded accord- 
 ing to resolution No. 122, approved April 22d, 1846. 
 
Kailboads. 783 
 
 Article XL. — Ordinances. 
 
 along the centre of Caniden street, from the west of Light 
 street to the centre of Paca street, or along any part of it 
 which they may deem necessary ;_ and to continue such track, 
 if they shall find it convenient and practicable so to do, from 
 the centre of l^aca street westwardly along the centre of or 
 across any street or streets, or other ground on or over which 
 the Mayor and City Council may lawfully grant such permis- 
 sion, to either of the depots of the said company, near Pratt 
 street. And the said company may also by similar tracks 
 along the centre of Charles street, Howard street and Paca 
 street, or any of them, connect the tracks on Pratt street and Pratt and cam- 
 
 den streets cou- 
 
 Camden street, at any one or more places as they may nnd it nected. 
 to be necessary.* 
 
 145. The said Baltimore and Ohio Railroad Company areibid, s. s. 
 hereby further authorized to introduce, construct and lay down on Green to 
 
 1 1 n •! 1 -1 I' ' LI '"'ranklin street, 
 
 a Single track of railroad or railway, oi stone or iron, or both, &c. 
 from-the intersection of Pratt and Green streets, along the cen- 
 tre of Green street to Franklin street, thence along Franklin to 
 Eutaw street, thence southwardly along Eutaw to Camden street. 
 
 446, Should the said Baltimore and Ohio Railroad Com- iwd.s. 4. 
 pany fail to construct the track down Pratt street to the city The comnaoy 
 
 n 1 • ' • -1 not complying. 
 
 property, at the time specified in section 143, then all the 
 rights and privileges granted by this ordinance to the Baltimore 
 and Ohio Railroad Company shall cease and be of no avail.f 
 
 * No. 6, April 3, 1850, repealed so much of the second section of the or- 
 dinance as authorized a track in Camden street ; provided, however, that 
 should a majority of the property owners on said street desire a track, the 
 same to be constructed by the said Baltimore and Ohio Railroad Company. 
 
 For other streets than above mentioned, see 1831, ord. No. 34; 1832, res. 
 No. 33 ; 1832, ord. No. 41, ord. No. 42 ; 1833, ord. No. 26 ; 1836, ord. No. 42 ; 
 1737, ord. No. 36, No. 41 ; 1838, ord. No. 1, No. 7; 1843, ord. No. 9; 1845, 
 ord. No. 21, No. 37. 
 
 t By Res. No. 33, Mar. 31, '32, it was provided that the track of railway 
 authorized to be laid down and constructed, by virtue of the provisions of 
 this ordinance, might be made of wood from Stiles street to the city property, 
 
784 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, 8. 5. 
 
 On Howard and 
 Liberty to Bal- 
 timore street. 
 
 On Baltimore 
 street to city 
 property east 
 of Jones' falls. 
 
 Proviso. 
 
 Track com- 
 pleted. 
 
 Ibid, s. 6. 
 
 On High, Hil- 
 len and Exeter 
 
 streets. 
 
 Ibid, s. 7 
 Turnouts. 
 
 Ibid, s. 8. 
 
 Cars drawn by 
 animal power. 
 
 147. The Baltimore and Ohio Railroad Company are here- 
 by authorized to construct and lay down a single track of rail- 
 way, of iron or stone, or both^ commencing with the same at 
 the intersection of Pratt and Howard streets, north on How- 
 ard street to Liberty street, and along on Liberty street to 
 the centre of Baltimore street, and east along the centre of 
 Baltimore street to Exeter street, and by said street to the city 
 property on the east of Jones' Falls : or the railroad may, at 
 their option, commence a track of railway at the intersection 
 of Eutaw and Baltimore streets, thence down the centre of 
 Baltimore street to Exeter, and by said street to the city 
 property on the east of Jones' Falls ; provided, that whenever 
 the said company shall commence the said track, either from 
 Pratt or Eutaw street, they shall complete the same through- 
 out its whole extent, as described in this section, within three 
 years from said commencement. 
 
 148. The Baltimore and Ohio Railroad Company are here- 
 by authorized to construct and lay down a single track of 
 railway, of iron or stone, or of both, commencing at the in- 
 tersection of Baltimore and High streets, thence along the 
 centre of High street to the centre of Hillen street, thence 
 to the centre of Exeter street, and down the centre of said 
 street till it unites with the railway at the intersection of 
 Baltimore and Exeter streets. 
 
 149. The Baltimore and Ohio Railroad Company shall 
 construct as many turn-outs at the intersections of such streets, 
 and also along the line of the railway hereby authorized, as 
 this corporation may at any time require or authorize. 
 
 150. All and every car, wagon or other vehicle, which may 
 pass on any of the railways authorized to be constructed by 
 
 on the east side of Jones' Falls, and the time limited by the said ordinance 
 for completing the said track to the said property, was extended to three 
 months after President street should be graded from Stiles street to the said 
 property. 
 
Eailboads. 786 
 
 Article XL. — Ordinances. 
 
 this ordinance, shall be drawn by animal power, and not 
 drawn or propelled by steam ; and shall be at a rate not ex- 
 ceeding three miles per hour, for wagons or other vehicles of speed reguia- 
 burden ; and for passenger cars, at such rate as may be ap- 
 proved of from time to time by the Mayor and City Council, 
 under a penalty of five dollars for each offence, to be sued for penalty, 
 and recovered as other fines and forfeitures are recovered. 
 
 151. The rate at which passenger cars may pass on any iwd, s. 9, 
 track or railways shall not, until otherwise permitted, exceed passenger cars 
 six miles per hour, under the penalty imposed by the preced- 
 ing section. 
 
 152. If at any time after the construction of the aforesaid iwd, b. 10. 
 railways, by the president and directors of the Baltimore and Rails and ob- 
 Ohio Railroad Company, it shall appear to the Mayor and 
 
 City Council of Baltimore, that the said railways, or any part 
 thereof, shall constitute an obstruction or impediment to the 
 ordinary use of any street or streets, of which the said Mayor 
 and City Council shall be the sole judges, the directors afore- 
 said shall, on the requisition of the Mayor, either forthwith 
 provide a remedy for the same satisfactory to the said Mayor 
 and City Council ; or if they fail to find such remedy, they 
 shall, within one month after receiving snch requisition, pro- when may bo 
 
 ,,..,. J 1 removed. 
 
 ceed lo remove such obstruction or impediment, and to replace 
 the street or streets in the same condition in which they were 
 before the railway was laid down ; and should the said presi- 
 dent and directors decline or neglect to obey the requisition 
 of the Mayor, the Mayor, after having given one month's Notice. 
 notice, shall cause the obstructions or impediments to be re- 
 moved, and the original condition of the street or streets 
 restored at the expense of the said president and directors. 
 
 153. The right to connect tracks of railways within the ibid, s.n. 
 city with the main stem of the Baltimore and Ohio railroad, to construct 
 
 , , railways within 
 
 or on any of its branches, as may be deemed expedient, is city reserved, 
 hereby reserved to and by the Mayor and City Council of 
 
786 Raileoads. 
 
 Article XL. — Ordinances. 
 
 Baltimore ; and this corporation shall also have the right of 
 Collecting toll, charging and collecting a toll upon all cars, wagons and ve- 
 hicles, which may pass upon any track or tracks so constructed. 
 
 Ibid, s. 13. 154. The right to pass and enforce all such ordinances as 
 
 Railway to be may bc uccessarv for. the purpose of having all and every 
 
 kept in repair. ' . 
 
 track or tracks of railway hereafter to be made within the 
 city by the Baltimore and Ohio Railroad Company, maintain- 
 ed and kept in good order and repair, at the cost and charge 
 of the said company, is hereby reserved to the Mayor and City 
 Council of Baltimore.* 
 
 No. 34, Apr. 25, 155, The president and directors of the Baltimore and 
 
 '31. . , ^ 
 
 To lay rails in Oliio Railroad Company are hereby authorized to introduce, 
 
 certain streets. 
 
 construct and lay down a single track of railroad or railway, 
 of stone or iron, or wood, or of all or either of them, from the 
 railroad or railway of the Baltimore and Ohio Railroad Com- 
 pany, at the intersection of Pratt and Cove streets, or at the 
 intersection of Cove and Portland streets; thence northerly 
 along the centre of Cove street to Saratoga street ; thence 
 eastward ly along the centre of Saratoga street to Chats worth 
 street; thence northerly along the centre of Chatsworth street 
 to its intersection with George and Biddle streets; thence 
 easterly along the centre of Biddle street to the property of 
 the city known by the name of the old Almshouse lot ; and 
 with the consent of the Baltimore and Susquehanna Railroad 
 Company first had and obtained, to unite the same with the 
 Baltimore and Susquehanna Railroad. 
 
 Ibid, s. 2. 156. All limitations, reservations, stipulations, restrictions 
 
 How governed, and regulations contained in ordinance No. 18, April 4, 1831, 
 
 [Sec. 143, &c.,] and applicable to any of the permissions 
 
 *By Res. No. 231, May 9, '67, the City Commissioner was directed to 
 notify the proper officers of the Baltimore and Ohio Railroad Company to 
 have the track formed by stone on south Paca street, between Baltimore 
 and Pratt streets, removed in accordance with this ordinance, sec. 152. 
 
Kailroads. 787 
 
 Article XL. — Ordinances. 
 
 granted thereby, or to any of the railways mentioned therein, 
 or to the use of or travel upon the same, shall extend and apply 
 to the permission given and the railway authorized by this 
 ordinance, and to the use of and travel on the same, as fully 
 as if they were here at large repeated and set out, except that 
 the railway hereby authorized may be of wood, and that there 
 shall be no time limited for the completion thereof. 
 
 157. Whenever the City Commissioner shall receive an no. 41, Apr. e, 
 
 '32. 
 
 application, in writing, to that effect from the owner or owners city commis- 
 of the major part in extent of front feet of the lots fronting re°pecuo"raH-'* 
 
 1 • 1 /» 1 /» 11 • 1 Ml • T-» ways connecU 
 
 on each side of the folio wmg described streets, to wit : Paca '"« wuh main 
 street, north of Pratt street ; Howard* street, north of Pratt 
 street; in Green street, from Pratt street to Franklin street; 
 along said street to Eutaw, and in Green street, south, to Co- 
 lumbia street; Franklin streat, between Howard and Eutaw 
 
 * By ordinance No. 89, June 10, 1864, it was provided that : Wlienever a 
 majority of the property holders, proprietors of the railway track on Howard 
 street, between Pratt and Franklin streets, should convey to the Mayor and 
 City Council of Baltimore all right and title they held or ever possessed in 
 said railway track, constructed under an ordinance approved April 6th, 
 1832, No. 41, (sees. 157-1G3,) and when such conveyance, properly authenti- 
 cated and approved by the City Counselor, have been deposited with 
 tlie Register of the City, then the Baltimore and Ohio Railroad Company 
 were authorized and empowered, with the authority of the Mayor, to 
 take possession of the railway track, as aforesaid, to hold and enjoy the 
 same as their property as fully as should any portion of their road, entitled 
 to all the privileges and subject to all the penalties conferred and imposed 
 on said company by its charter and the supplements thereto, and to any 
 ordinances of the city of Baltimore, relating to railway tracks within 
 the city limits; provided the said company reconstructed the railway 
 track as aforesaid within six months from their acceptance of the same ; the 
 work of reconstruction to be done under the direction and supervision of 
 the City Commissioner; and that in the event of the conveyance of the 
 railway track as aforesaid, then and in that case said company should 
 deliver tonnage to all persons doing business on the line of said track, 
 coming from the road of said company, as was the custom; and to continue 
 to deliver tonnage as aforesaid, on the same terms, and as long as said com- 
 pany should deliver tonnage in other parts of the city. 
 
 And by ordinance No. 12, April 4, 1862, the Baltimore and Ohio Railroad 
 
788 Eailkoads. 
 
 Article XL. — Ordinances. 
 
 streets ; Baltimore street, between Faca and Eutaw streets ; 
 Eutaw street, between Franklin and Pratt streets ; Patterson 
 street ; Cheapside street; Mill- street; Cable street, from Pat- 
 terson to Commerce street ; Commerce street, soutli of Pratt 
 street, or South street, south of Pratt street ; or the owners of 
 the major part in extent of front feet of the lots on the western 
 and southern fronts of Bowly's wharf, he is hereby authorized 
 and directed to contract with the Baltimore and Ohio Kail- 
 road Company, to slope down and construct a single track of 
 branch railway of iron, or of stone, or of both, in any and 
 every of the aforesaid streets, or parts of them, to which any 
 such application may refer, in the same manner in which the 
 main stem of the said railroad in Pratt street is now laid down 
 and constructed ; or if the said company should refuse to enter 
 
 Company was authorized, under the superintendence of the City Commis- 
 sioner, to remove tlie railroad track on Howard street, south of Franklin 
 street, and to construct a new and substantial track in place thereof, of wood 
 and iron, and to connect the Howard street track, south of Lee street, with 
 the track of the said company in Ohio avenue, with the consent of the owner 
 or owners of the property over which it might be necessary to pass in making 
 such connection. 
 
 The said company was thereby authorized to use locomotive engines, pro- 
 pelled by steam, for the transmission, when absolutely necessary, of govern- 
 ment freight, upon the railroad track between Bolton Depot and Camden 
 Station, and upon the connection with the track in Ohio avenue, at a speed 
 not exceeding four miles an hour; provided that the bell of the engine was 
 rung during the passage thereof between the said points ; and further, the 
 use of steam, except for army purposes, was thereby restricted to the hours 
 between eleven o'clock P. M. and sunrise, during which time the ringing of 
 the bell of the engine should be dispensed with, and a man employed, 
 whenever the train was in motion, during the day or at night, to precede it on 
 horseback, for the purpose of keeping the track clear. 
 
 For every violation of any of the provisions of the preceding two sections^ 
 the said company to forfeit and pay twenty dollars, to be recovered before a 
 justice of the peace of said city; and further, the owners and occupiers of 
 property connected with the railway track on Howard street, not to be 
 deprived of any rights or privileges existing and enjoyed at the time of the 
 passage of this ordinance. 
 
 The railroad on Howard street, north of Baltimore street, was removed 
 under a resolution of May, 1869. 
 
Kailboads. 789 
 
 Article XL. — Ordinances. 
 
 into such contract, or the applicant should prefer it, the said 
 commissioner may contract with any other person or persons, 
 or company, to lay down and construct the said railways so 
 applied for, provided they be constructed in the same manner 
 as the said main stem is now constructed, and he is hereby 
 authorized, in either case, under the superintendence of the 
 Baltimore and Ohio Railroad Company, to fix and construct 
 as many turn-outs or turn-abouts on the said main stem as 
 may be necessary to connect the said main stem with the said 
 branch railways, or from Pratt street along Light street wharf 
 to Lee street.* 
 
 158. Whenever the City Commissioner shall have entered iwd, 8.2, 
 into any contract as aforesaid, it shall be his duty to assess the Mode of assess- 
 
 ing expense of 
 
 entire cost of any such track, and all the expenses incident to railway, 
 its construction, upon all the property fronting upon that part 
 of either of the said streets in which it may be constructed, 
 together with the commission of the City Collector, for collect- 
 
 * Tliis ordinance recites that it has always been the intention of the corpo- 
 ration to provide for the (distribution of the trade coming upon the railroads, 
 tliroughout the whole of the city, as improved, so far as it may be practi- 
 cable ; and that the Legislature have authorized and directed the Mayor 
 and Oity Council to provide for the construction of railways throughout the 
 city; and that the Baltimore and Ohio Railroad Company have, through 
 their president, expressed their disposition to give every reasonable facility 
 in their power to the extension of the trade of the Baltimore and Ohio Rail- 
 road along any line of branch railway which the city may authorize to be 
 connected with their main stem ; provided, that such railways be so con- 
 structed as to afford the same economy and facility for traveling as the main 
 line of the road, and in such manner as not to occasion additional cost or 
 inconvenience to the company. 
 
 Ordinance No. 25, April 9, 1832, provided : That whenever the City Com- 
 missioner should receive an application in writing to that effect, from the 
 owner or owners of the major part in extent of front feet of the lots fronting 
 on each side of the intersection of Green and Franklin streets, up Franklin 
 street to Eutaw street, he was authorized and directed to contract with 
 the Baltimore and Ohio Railroad Company to lay down and construct a 
 single track of branch railway of iron, or of stone, or of both, in the same 
 manner and on the same terms and conditions as is contained in the above 
 ordinance. 
 
790 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 ing the same ; but in no case shall the said owners be charged 
 for taking up the stone pavement and repairing the same to 
 a greater extent in width than eleven feet. 
 
 Ihi(l,s. 3. 
 
 Of coUecting 
 such assess- 
 meDt. 
 
 159. The said commissioner shall first make out a correct 
 list of the names of all the owners of said property fronting on 
 each side of the said street or streets, or part of it, or them, 
 and the amount to be assessed to every such owner or owners 
 shall be in proportion to the number of front feet owned by 
 him, her, or them, on the said street or part of a street ; and 
 the said list of names, together with the amount assessed to 
 each, shall, without delay, be handed by him to the City Col- 
 lector, who shall, as soon as practicable thereafter, collect the 
 same, in the same manner in all respects as the city taxes are 
 collected, and when collected pay the same to ihe Register of 
 the City ; and the said commissioner is hereby authorized, 
 with the approbation of the Mayor, from time to time, to draw 
 upon the Register for the amount of the said funds. 
 
 160. Whenever it may be necessary or proper, in the 
 opinion of the City Commissioner, to alter the grade of any of 
 the said streets, or of any part or parts of any of them, he is 
 hereby authorized and empowered to make the said alteration 
 or alterations, provided an instrument or instruments of writ- 
 ing, to be approved by the City Solicitor, shall be first exe- 
 cuted and filed in the Register's office, containing the assent 
 of the owner or owners of .a majority of front feet of the prop- 
 erty to be affected by such alteration, and binding the said 
 owners, or one or more of them, or any other person who may 
 assume the responsibility, and whose solvency shall be approved 
 by the Mayor, to pay the whole damages and cost of such alter- 
 ation. 
 
 161. The owners of the property on the north side of Pratt 
 Private railway strcct, south of Carpcutcr's alley, between Paca street and 
 
 authorized. i i i • i 
 
 Green street, are hereby authorized to construct a track of 
 
 Ibid, s. 4. 
 
 Grade of 
 streets, how 
 altered. 
 
 Ibid, s. 5. 
 
Railroads. 791 
 
 Article XL. — Ordinances. 
 
 railway, subject in all respects, as far as may be, to the provi- 
 sions of this ordinance, from the main stem of the Baltimore 
 and Ohio railroad, opposite the said property, to the centre of 
 a street forty feet wide, which they have proposed to lay out 
 in said property, running, as designated on the accompanying 
 plat, from the letter A to the letter B, provided the said new 
 street be paved under the direction of the City Commissioner, 
 conformably to the ordinances of the city, simultaneously with 
 the construction of the said railway thereupon, and flagstones 
 be placed across the said new street, where it will intersect 
 Pratt street, at the sole expense of the said owners ; and the 
 said track of railway shall be connected with the said main 
 stem, at a point immediately opposite the centre of said new 
 street, by a turn-about ; and for the purpose of designating the 
 course and situation of the said new street, the accompanying 
 plat shall be filed in the Register's oflSce, and be deemed and 
 considered a part of this ordinance. 
 
 162. All the railways authorized to be made by this ordi- ibid, s. 6 
 nance siiall be so laid down and constructed as not to inter- Gutters not to 
 
 , . i« 1 • 1 ''^ obstructed. 
 
 rupt the tree passage ot the water m any gutters ut the said, 
 streets, or of any other street ; and the Mayor and City Coun- 
 cil may remove any railway made in violation of 'this ordi- 
 nance at the expense of the holders of the same property 
 which was assessed for its construction. 
 
 163. The owners of the lumber yard in Pratt street, occu- iwd, s. ?. 
 pied by A. G. Cole, Coates & Co., are hereby authorized to Private railway 
 
 i J ' ' _ -^ authorized. 
 
 construct a railway from the said main stem, to and into the 
 said lumber yard, subject, as far as may be, to all the general 
 provisions of this ordinance. The tracks of the railway in 
 Ellicott street and Hollingsworth street shall be hereafter con- 
 sidered and treated in the same manner, to all intents and pur- 
 poses, as if they had been laid down and constructed under the 
 provisions of this ordinance. 
 
 I 
 
792 Railkoads. 
 
 Article XL. — Ordinances. 
 
 No. 48, si, 164. Whenever the City Commissioner shall receive an 
 
 May 24, '63 ... 
 
 What railways application in writint' to that effect, from the owner or owners 
 
 may be con- . 
 
 structed. of the major part in extent of front feet of the lots fronting on 
 
 each side of Clement, River, Jackson, Belt, Great Hughes, 
 Light, Hill and Lee streets, and any streets lying between 
 either of them, or from the major part in extent of front feet of 
 the lots fronting on each side of such part or parts of either of 
 the said streets or intermediate streets through which it may 
 be intended to make a branch railway from the Baltimore and 
 Ohio Railroad, they are hereby authorized and directed to 
 contract with the Baltimore and Ohio Railroad Company to 
 lay down and construct a single track of branch railway, of 
 iron and wood, in the same manner and on the same terms 
 and conditions as are contained in the preceding ordinance; 
 and if the said company shall refuse so to contract, the said 
 Commissioner may contract with other persons, as is provided 
 in said ordinance. 
 
 Ibid, s. 2. 165. The Mayor is hereby authorized and directed to sign 
 
 Mayor may sign for the city, in rcspcct of any city property which may front 
 
 application. 
 
 on said streets or any of them, or any part of either of them, 
 designed for the said branch railroad ; provided the Mayor 
 shall think the interest of the city will be promoted 
 thereby. 
 
 Ibid, 8.3. 166. In case the said commissioner shall deem it expedient 
 
 Railway may to locatc any such branch railroad, otherwise than on a street 
 
 be laid other- 
 wise than on a or strcets, he shall be and is hereby authorized and directed 
 
 street. ' •' 
 
 SO to do; provided he shall have previously obtained the con- 
 sent of the holders of the property on which the same may be 
 located, which consent may be given in perpetuity or for a 
 term of years ; and the Mayor is hereby authorized to agree 
 for the city, in respect of any property belonging to the city, 
 on which it may be proposed to locate any such branch of the 
 line of any street. 
 
Kailroads. 793 
 
 Article XL. — Ordinances. 
 
 167. No such branch railroad provided for in this Act shall ibid, ■. 4. 
 be carried through any part of any street which may pass Restrictions, 
 through any portion of a ship-yard or manufacturing establish- 
 ment, actually and necessarily in use, without tlie consent of 
 
 the owner or owners, or lessee or lessees thereof; and pro- 
 vided further, that nothing herein contained shall withhold 
 from the city the right to take up the same, whenever it may 
 deem it necessary or for its interest to do so. 
 
 168. The Baltimore and Ohio Railroad Company is here- No. 41, Apr. 7, 
 by authorized to introduce, construct and lay down a single Baltimore and 
 
 •' ' ^ . . Ohio Railrond 
 
 track of railroad, of wood and iron, from the intersection of H°'".P*';y *"■ 
 
 ' ' thonzed to con- 
 
 President and Aliceanna streets, eastwardly along Allceanna fn'J^^ikeanna' 
 street to Canal street, thence southwardly along Canal street stl-eets.""^ 
 to Lancaster street, thence westwardly along Lancaster street 
 to Exeter street, thence northwardly along Exeter street to 
 unite with the said rail track in Aliceanna street. 
 
 169. Section 10 of ordinance No. 18, of 1831, (sec. 152 ibid, s. 2. 
 ante^ shall apply in every respect to the tracks of railroad How governed, 
 hereby authorized to be constructed and laid down. Removal. 
 
 170. The Baltimore and Ohio Railroad Company is here- no. 21, Apr. 19, 
 by authorized to construct and lay down and keep in repair a Baltimore and 
 
 . . Ohio Railroad 
 
 branch of their road, with one or two tracks, to some point on company per- 
 ' • ' mitted to con- 
 
 navigable water on the south side of the basin, within the ^y^='^.»'J.^J'^'J,'=^^ 
 
 limits of the city, between Hughes' quay and Fort McHenry ; o^^thrbasin^^ 
 and in the location and construction of the same the said com- 
 pany shall be permitted to adopt such grades and curves as 
 may enable them advantageously to use locomotive engines 
 thereon ; provided, that no grade of any street, already graded proviso, 
 and paved, shall be altered or interfered with, except under 
 the direction of the City Commissioner, so far as may be neces- 
 sary in the laying of the rails on the same ; and provided, that 
 the whole be under such salutary regulations as the city 
 authorities may, from time to time, prescribe ; and provided 
 
794 
 
 Kailroads. 
 
 Article XL. — Ordinances. 
 
 also, that the moving power on said branch road does not 
 exceed four miles per honr. 
 
 The articles to be transported upon said branch road, 
 
 Ibid, 8. 3. 
 
 171. 
 
 on said road. 
 
 Exempt from 
 wharfage. 
 
 What articles to shall be confiflcd to coal, iron, iron ore, stone, plaster, lime, 
 
 be transported \ ^ 
 
 and other earths and minerals; and all of the above des- 
 cribed articles shall be exempted from wharfage, dockage, or 
 any other charges on the part of the city, or on the part of the 
 Baltimore and Ohio Railroad Company, except the port ton- 
 nage established by the law of Congress, for the term of twenty 
 years, and for so much longer term as the Mayor and City 
 Council shall at any time hereafter deem it proper to grant. 
 
 Ibid, s. 3. 
 
 Company may 
 
 construct 
 
 wharves. 
 
 Ibid, s. 4. 
 
 172. The said company shall have power to construct, at 
 the termination of said branch of their road on tide- water, such 
 wharves as they may require for their own use ; provided, the 
 wharf property used belonging to the city does not exceed in 
 extent two hundred front feet ; and the said company shall 
 have power to extend their said railroad upon said wharves 
 out to such depth of water as may be required ; provided, it 
 shall not be extended to any point beyond the Port Warden's 
 line, as now established. 
 
 173. The Baltimore and Ohio Railroad Company is here- 
 companyau- by authorized to construct and lay down, and keep in repair 
 
 thorized to con- 1/.1. j-i i/>t-» 
 
 struct a branch a brauch 01 their road, with one track, from Pratt street down 
 
 road from Pratt 
 
 street to any Coucord strcct, or from Pratt street down the Falls avenue, or 
 
 part 01 r ell's ' ' 
 
 Point. ^^^ other more practicable route, to the city block, or to the 
 
 present Baltimore and Ohio Railroad Company's depot, by 
 crossing the falls at or between Aliceanna and Pratt streets, 
 and from thence, with the privilege of continuing east along 
 Aliceanna street and Wilk street to Canton, or to any private 
 wharf or wharves on Feirs Point, by the consent of the pro- 
 prietors thereof. 
 
 Ibid, 9. 6. 174. The following articles that may be transported upon 
 
 the said branch road, granted by the preceding section on any 
 
Railroads. 795 
 
 Article XL. — Ordinances. 
 
 road now laid down in that direction, when used by the Balti- what articles 
 more and Ohio Railroad Company, viz : coal, iron, iron ore, wharuge. 
 stone, plaster, lime and other earths, and all other minerals, 
 shall 1)0 exempted from wharfage, dockage, or any other 
 charges on the part of the city, except the port tonnage es- 
 tablished by the law of Congress, and on the part of the 
 Baltimore and Ohio Railroad Company, except the charges 
 paid to other companies, for the term of twenty years, and for 
 so much longer term as the Mayor and City Council shall, at 
 any time thereafter, deem it proper to grant. The Baltimore No. 37 May 2, 
 and Ohio Railroad Company is authorized to transport over Articles of 
 the tracks herein named all articles of trade and merchandise «tc. 
 whatsoever, and such articles only as are herein specified, are 
 allowed to be shipped free from charge, as specified in this 
 ordinance. 
 
 175. All the powers and privileges granted by sections rjo. 21, s. 6, M.'i. 
 170 and 171 shall be extended to the Baltimore and Ohio privileges 
 
 ,,,,,_, , 1 -1 J granted to said 
 
 Railroad Company on any track now laid down, or on any company sub- 
 
 t^ -^ -^ _ ■/ ject to salutary 
 
 branch road that may be hereafter laid down by this act, regulation*. 
 or on any road now laid down in that direction, when used by 
 the Baltimore and Ohio Railroad Company, east of Mount 
 Clare depot ; subject, however, to the same salutary regula- 
 tions by the city authorities, as prescribed by section 170; pro- 
 vided, that the company does not occupy any greater space of Proviso, 
 the city wharf at the city block than may be equal in width 
 or front to the lots now occupied by the company under deed 
 from the city, on Lancaster street, free of wharfage, on the 
 articles specified by the preceding section ; provided, also, that 
 the steam power over the railway tracks down Pratt street to 
 the city block be used between the hours of nine at night and 
 five in the morning, from the first of November till the first of 
 April, and between the hours of nine at night and four in the 
 morning, from the first of April to the first of November, and 
 a man shall be required to walk in advance of the steam en- steam engine, 
 gine in passing through the streets on all occasions. 
 
796 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 7, 176. The Baltimore and Ohio Railroad Company shall be 
 
 Damages to held responsible for all damao;es done to property in the layiner 
 
 property, life, "^ ° tr f J . 
 
 '^'^- down of the rails contemplated to be laid down by virtue of this 
 
 ordinance ; and they shall also be responsible for all damages 
 done to the life or limbs or property of others, caused by the 
 passage of their locomotive or locomotives through the streets 
 of the city, when resulting from the negligence of their agents. 
 
 No. 38,3.1, May 177. Thc Baltimore and Ohio Railroad Company is here- 
 B. &o. R. R. by authorized and empowered to lay down and keep in repair 
 
 authorized to "^ , ^ •' r r 
 
 lay single track a siuglc track of railway from the Harford run along the bed 
 
 on certain o ./ o 
 
 streets. ^f Aliccanua strcct to Caroline street; thence along the bed 
 
 of Caroline street to Thames street; thence westwardly to 
 Philpot street ; thence to Point street, and from the intersec- 
 tion of Caroline and Thames streets eastwardly along Thames 
 street to Fell street, thence to the water, and from the inter- 
 section of Fell and Wolf streets, along the bed of Wolf street 
 
 Proviso. to Canton avenue; provided the consent of a majority of 
 
 property holders along the lines of said streets shall have been 
 first obtained. 
 
 Ibid, s. 2. 178. In the laying down of the tracks provided for in the 
 
 Street grades abovc scctiou, no grade of any street, alreadv ijraded and 
 
 not to be al- ^ .. •' ' - ^ 
 
 tered. pavcd, shall be altered or interfered with, except under the 
 
 direction of the City Commissioner, so far as may be necessary 
 in the laying of the rails of the same, and the whole be under 
 such salutary regulations as the city authorities may from 
 time to time prescribe. 
 
 No. 101, Oct. 18, 179. The Baltimore and Ohio Railroad Company is here- 
 TrackonCon- by authoi'ized to introduce, construct and lay down a single 
 
 cord street. -i •! i /• i 
 
 track or railroad of wood and iron from the intersection of 
 Pratt and Concord streets, through Concord street to the south 
 side of the Fish Market space ; the work to be done to the 
 satisfaction of and under the superintendence of the City 
 
Railroads. 797 
 
 Article XL. — Ordinances. 
 
 Commissioner; provided, that the consent of the owners or a Proviso, 
 major part in extent of front feet of the lots fronting on each 
 side of any street through which said track is proposed to be 
 extended shall be first obtained in writing and deposited with 
 the City Register. 
 
 180. The Baltimore and Ohio Railroad Company is here- No. 72, May is, 
 by authorized to change the location of the curves at Presi- Authorized to 
 
 chanRe curves 
 
 dent street and Howard street, in the track connecting the at President 
 
 '^ and Howard 
 
 station of the Philadelphia, Wihnington atjd Baltimore Rail- s'feets. 
 road with the Camden station of the Baltimore and Ohio rail- 
 road, so as to enlarge the radii of curviture thereof, by laying 
 down a continuous curve of the largest radii which can be 
 obtained, without encroaching on the building line of other 
 property than that which may be owned by the company ; Proviso, 
 provided, that in crossing the foot- ways in front of or on either 
 side of the company's property, the inside rail of the track 
 shall not be laid nearer than ten feet to the building line of 
 other than the company's property. 
 
 181. The consent of the Mayor and City Council is hereby No. e, Mar. 20, 
 given to the Baltimore and Ohio Railroad Company to lay Railroad track 
 
 ^ ' •' •' on S. Paca St. 
 
 the road which they are authorized to construct under the act 
 of 1866, c. 154, along the length of south Paca street extended ; 
 commencing for the same at the end of the tangent at Clare 
 street, and ending at the boundary of the city at Gwynn's falls ; 
 said railway track to be laid under the supervision and direc- 
 tion of the City Commissioner, in such manner as not to 
 obstruct the drainage of adjacent land, or interfere with the 
 proper grade of South Paca street when extended. 
 
 182. The consent given by this ordinance shall not be con- ibid, 3.2. 
 strued to authorize or permit the Baltimore and Ohio Rail- Not to occupy 
 
 , more than 24 
 
 road Company to occupy more than 24 feet in width of the f>;et width, 
 bed of said street, excepting so much of said street as will be 
 required for placing a bridge over Gwynn's falls. 
 
798 Kailroads. 
 
 Article XL. — Ordinances. 
 
 No. 22, Api. 10, 183. The president and directors of the Baltimore and 
 'G8. _ ^ ^ 
 
 Railroad track Ohio Railroad Oompanv are hereby authorized and permitted 
 
 on S. Charles . . , 
 
 street. to connect, continue, construct and lay down a railroad track 
 
 on south Charles street, from Camden street to Conway street, 
 and from Charles street down Conway street to Light street ; 
 
 Proviso. provided said railroad track shall be removed when required 
 
 by the Mayor and City Council of Baltimore, upon giving six 
 months' notice of said intention.* 
 
 No. .52,8.1, July 184. The same authority to lay down and keep in repair 
 Branch of road, a branch of their road on the south side of the basin that is given 
 to the Baltimore and Ohio Railroad Company, in an ordinance 
 passed at the annual session of 1845, and a supplement to the 
 same passed at the session of 1845, [sec. 170, &c., ante,'] is 
 hereby granted to the Baltimore and Ohio Railroad Company, 
 with reference to a branch with one or two tracks from a point 
 on the centre line of Wells street, where the Locust Point 
 branch of said road diverges from the centre line of said street, 
 thence easterly on the line of Wells street to Claggett street, 
 connecting said Wells and Claggett streets by a suitable curve? 
 thence southeasterly on Claggett street to the northwest side of 
 Stuart street, and thence easterly and northerly by a curved 
 street, as in process of condemnation [by ordinance No. 
 53, June 17, 1869,] to the centre of Neal street, and thence 
 northeasterly on the line of Neal street, as laid down on Pop- 
 pleton's plat, to the northeast side of Fort avenue to a con- 
 
 * By act of 1868, c. 284, the Baltimore and Ohio Railroad Company was 
 authorized, with the consent of the Mayor and City Council of Baltimore 
 first had and obtained, to lay a single track connecting with the track at the 
 corner of Charles and Camden streets, in the city of Baltimore, and thence 
 down Charles street to Conway street, and thence along Conway street to 
 Light street ; said track to be subject as to its location, construction and use, 
 to the same authority and control as other tracks or branches of said rail- 
 road laid on the streets of said city ; provided, that all cars bringing 
 tobacco to the city of Baltimore on any line of railroad, connecting through 
 any streets of said city with the track of the Baltimore and Ohio railroad 
 should be allowed the free use of the track authorized by this act. 
 
Railroads. 799 
 
 Article XL. — Ordinances. 
 
 nection with the tracks of the Baltimore and Ohio Railroad 
 Company as there situate, and to the tide water on the north- 
 west branch of the Patapsco river, with a view to a connection 
 by water with the Philadelphia, Wilmington and Baltimore 
 Railroad. 
 
 185. All restrictions contained in the ordinance to which iwd, g.s. 
 this is a supplement upon the privileges therein granted shall Restrictions, 
 be held to apply to the privileges hereby granted. 
 
 1 86. Whenever, in the opinion of the Mayor and City ibid, s. 3. 
 Council, it shall be necessary or proper to change the grade of r.radesof 
 any street or streets through which the track of the Baltimore 
 
 and Ohio Railroad Company may run by virtue of the pro- 
 visions of this ordinance, the same shall bo done at the cost 
 and expense of the said company. 
 
 187. The right to pass and enforce all such ordinances as ibid, s 4. 
 may be necessary for the purpose of having all and every track Reservations to 
 hereafter to be made within the city by the Baltimore and Ohio 
 Railroad Company kept in good order and repair, or removed 
 
 at the cost and charge of the said company, is hereby reserved 
 to the Mayor and City Council of Baltimore. 
 
 188. Tlie Baltimore and Ohio Railroad Company is hereby no. 4.5, June s, 
 
 '74, 
 authorized to lay down and keep in repair a single track of Additional 
 
 railway, from a point on the line of its track on Wells 
 
 street, between Henry and Johnson streets, and running 
 
 thence by a curved line over the property of said company to 
 
 Johnson street, and thence along the bed of Johnson street to 
 
 Donaldson street, or to a point near thereto on the eastern side 
 
 of Johnson street. 
 
 189. Permission is hereby granted to the Baltimore and Resolution No. 
 Ohio Railroad Company to place a switch on Marriott street, Per'mission'to 
 near Cookse street, and to lay down sidings across the Balti- 
 more and Ohio Railroad Company's property and Towson 
 
800 
 
 Kaileoads. 
 
 Article XL. — Ordinances. 
 
 street, and running into the property of the Baltimore and 
 Ohio Railroad Company east of Towson street and adjacent 
 to the European wharves, the same to be done at the com- 
 pany's expense. 
 
 Authorized to 
 change the 
 grade of Fort 
 avenue. 
 
 Expense. 
 
 190. The Baltimore and Ohio Railroad Company is 
 hereby authorized to change the grade of Fort avenue, from 
 that authorized by existing ordinances, by extending the 
 level of said avenue from a point fifty feet west of Neal 
 street to a point on the west side of Armstrong alley, thence 
 by a uniform grade to a point fifty-one feet nine inches 
 westerly from the west side of Harper street, being a point 
 one hundred and three feet three inches to the eastward of 
 David alley, the said avenue being bounded for the entire 
 distance by the property of tlie Baltimore and Ohio Railroad 
 Company, provided the expense of said change of grade shall 
 be borne exclusively by the said railroad company. 
 
 Note. — To entitle the plaintiff in an action against a railroad company to 
 recover damages for injuries sustained by him in being caught between two 
 cars of the defendant, while he was attempting to cross a street, it must be 
 shown that such injuries were directly caused by the want of ordinary care 
 and prudence on the part of the defendant, and that they could not have 
 been avoided by the exercise of reasonable care and caution on the part of 
 the plaintiff. If the plaintiff exercised reasonable care, though he may have 
 been guilty of some negligence or want of caution, he is still entitled to 
 recover for any injury sustained in consequence of the defendant's negli- 
 gence. Baltimore and Ohio Railroad Company v. Fitzpatrick, 35 Md. 32, and 
 36 Md. 619. 
 
 The ow^ner of a lot of ground fronting on a public street suffered a railroad 
 company, which had constructed one track on said street, to lay down and 
 complete, at considerable expense, two additional tracks thereon, and made 
 no complaint and interposed no objection during the pi'ogress and construc- 
 tion of the work, but acquiesced therein. Ten years after the completion of 
 the two additional tracks, the owner of the lot filed a bill in equity, asking 
 that the railroad company might be restrained from using or maintaining 
 more than two tracks, upon the ground that the use of the three tracks was 
 an obstruction of his right of way over said street, and had done and was 
 doing him an irreparable injury, for which he had no adequate remedy at 
 law. Held : that the complainant had not used due diligence in making his 
 
Railroads. 801 
 
 Article XL. — Ordinances. 
 
 BALTIMORE AND POTOMAC RAILROAD C0:MPANY. 
 
 191, The Baltimore and Potomac Railroad Company is No.ae.s.i.May 
 hereby authorized, in the construction within the limits of" Authority to 
 
 construct rail- 
 
 the city of Baltimore of the railroad, which under its charter ^^y '" «"y- 
 it is authorized to make and maintain, to locate and con- 
 struct the same along or across such parts of such streets of 
 said city of Baltimore as are hereinafter named, that is to 
 say: from some point on the line of the Northern Central in what streets. 
 Railway as newly located, and running thence in a westerly 
 direction across Cathedral street to a point on North avenue 
 east of the Northern Central Railway, as first located, and 
 thence, under the centre of North avenue, to a point hetween 
 McMechen and John streets, and thence by a curved line 
 
 application, and was, therefore, not entitled to an injunction. Balthmrre and 
 Ohio Railroad Company v. Stratcss, 37 Md. 237. 
 
 Between six and seven o'clock in the evening, in the mouth of January, 
 1871, the Baltimore and Ohio Railroad Company, by its agents, was engaged 
 in making up a train of freight cars on the line of Howard street, north and 
 south of Camden street, preparatory to its leaving the city of Baltimore. Tlie 
 engine was attached to the south end of the train, some distance below Cam- 
 den street, and was backing the cars up Howard street, to couple with the 
 cars north of Camden street. A person being at Camden station started to 
 go to the Fountain Hotel, on the north side of Camden street, a short dis- 
 tance from the corner of Howai-d street. On reaching the corner of Howard 
 and Camden streets he found the crossing blocked up by the cars as above 
 described; but instead of waiting until the train had moved, or walking up 
 to Pratt street, a distance of a square, when he could have crossed without 
 risk, he attempted, although it was dark, and without looking or inquiring 
 whether an engine was attached to the train, to climb over the platform of 
 the car, and thus cross to the opposite side of the street. While in the act 
 of pulling himself up by the handle attached to the car, with one foot on 
 the platform and the other hanging down, the train suddenly moved, and 
 his leg was caught and crushed between the two cars. In an action by the 
 injured party against the railroad company to recover damages, it was held 
 that the attempt of the plaintiff to get on the platform of the car under the 
 circumstances, was such an act of carelessness as amounted in law to con- 
 tributory negligence, and disentitled him to recover. Lewis v. Baltimore and 
 OJiio Railroad Company, 38 Md. 588, 
 
802 Railroads. 
 
 Article XL. — Ordinances. 
 
 through and under the intervening property, to the intersec- 
 tion of John and Wilson streets ; thence, under John street, 
 at said intersection and along the centre of Wilson street, 
 from the northeast side of John street to the termination of 
 said Wilson street, at Pennsylvania avenue ; across Penn- 
 sylvania avenue, at its intersection with Wilson street ; 
 across Fremont street, at or near its intersection with Win- 
 chester street; along Winchester street, as at present located, 
 from Fremont street to Gilmor street, and also along any 
 extension of Winchester street, westwardly of Grilmor street, 
 in case Winchester street should be extended westwardly of 
 Gilmor street, on a line with said Winchester street, as it is 
 now located, east of Grilmor street ; and also across Gilmor, 
 Mount, Fulton, Monroe, Payson and Pulaski streets, and all 
 the intervening alleys running parallel therewith at some 
 point on said streets and alleys between Cook street on the 
 north and Townsend street on the south ; and also across 
 Winchester, Tenant and Mosher streets, and all intervening 
 alleys running parallel therewith, at some point on said 
 streets, between Fulton street and the western boundary line 
 of the city ; and the said company is also authorized to con- 
 struct its road under North avenue, from a point between 
 John street and McMechen, and thence under the intervening 
 property in Baltimore county around the Mount Eoyal Reser- 
 voir, to a point on the Northern Central Railway, as newly 
 located north of North avenue in Baltimore county, so as to 
 make a northern connection with said Northern Central Rail- 
 way ; said last mentioned connection to be made through a 
 continuous and covered tunnel from North avenue north- 
 westerly to the said Northern Central Railway. 
 
 Ibid, s. 2. 192. The said Baltimore and Potomac Railroad Company 
 
 Tunnels. in Constructing the railroad along or across the said North 
 
 avenue, John street, Wilson street, Pennsylvania avenue, 
 
 Fremont street and Winchester street, from Fremont street 
 
Eaileoad8. 803 
 
 Article XL. — Ordinances. 
 
 to Fulton street, and also across Gilmor, Mount* and Fulton 
 streets, and all intervening alleys, shall construct the same 
 in a tunnel to he carried under the said streets ; and shall, 
 moreover, in constructing the said railroad along or across 
 any of the other streets or alleys mentioned in the preceding 
 section, construct the same in a tunnel ; provided, the grade proviso, 
 of said streets and alleys shall be estahlished high enough in Grades, 
 reference to the grade of said railroad as to enable the said 
 railroad to be carried nnder them ; and the said Baltimore 
 and Potomac Railroad Company, in constrncting its road 
 through the ground lying between North avenue and John 
 street, and the ground lying between Gilmor and Monroe 
 streets, shall so construct, enclose and surround the same as 
 that the said railroad, and all engines or cars passing over the 
 same, shall be entirely concealed from the view of persons 
 using the streets or avenues of the city and binding on said 
 property or adjacent thereto; and the said railroad company 
 shall construct its railroad through said tunnel with a double 
 track, when said road is finished and in running order. 
 
 193. The tunnel or tunnels mentioned and provided for in iwd, s. a 
 the preceding section, shall be so constructed and arched as to construction of 
 
 tunnels. 
 
 leave uninjured and secure the streets under which said tunnels 
 shall be made ; and if in constructing the said railroad across 
 or under any of the streets or alleys mentioned in this ordi- 
 nance it shall become necessary to take up any pavement on 
 said streets, or excavate the same, then and in that event the 
 said Baltimore and Potomac Railroad Company shall restore 
 the surface of said streets to the same condition in which they 
 
 *By Resolution, No. 458, July 23, 1875, on passage of ordinance for 
 the grading, paving and kerbing of Mount street, between Cook street and 
 Townsend street, the City Commissioner was directed to notify the Baltimore 
 and Potomac Flail road Company to construct a tunnel under the bed of 
 Mount street, at the point where their railroad tracks cross said Mount street, 
 the City Commissioner to see that the above ordinance, No. 26, approved 
 May 29th, 1869, were complied with in this matter. 
 
804 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 were before being interfered with by said company, which 
 streets shall be so restored to their former condition by the 
 said Baltimore and Potomac Railroad Company within such 
 period of time and in such manner as shall be prescribed by 
 the Mayor and City Commissioner; and the said Baltimore and 
 Potomac Railroad Company in constructing the said railroad 
 under or across any of the aforesaid streets, shall take all 
 such precautions to prevent accidents and injuries to persons 
 or vehicles using said streets, as shall be prescribed by the 
 City Commissioner, and for every violation of any of the pro- 
 visions of this section the said company shall be subject to a 
 Penalty. fine of not less than ten nor more than fifty dollars for each 
 
 day that the said company shall fail to comply with the regu- 
 lations of the said Mayor and City Commissioner ; to be recov- 
 ered for the use of the Mayor and City council of Baltimore, 
 as other fines and penalties for the violation of ordinances of 
 the city are recovered. 
 
 Ibid, 8. 4. 
 Conditions. 
 
 194. When the railroad which the said Baltimore and 
 Potomac Railroad Company is hereby authorized to construct 
 and maintain through the streets of the city shall have been 
 constructed, it shall be the duty of the said Baltimore and 
 Potomac Railroad Company, and they are hereby required to 
 Western Mary- afibrd facility to the Western Maryland Railroad Company 
 Union Railroad, and the Uuion Railroad Company for the passage of passen- 
 gers and freight over that portion of the Baltimore and Poto- 
 mac Railroad hereby authorized to be made within the city 
 limits, under such rules and regulations as shall be determined 
 Provisos. by the Baltimore and Potomac Railroad Company ; provided, 
 
 that the amount to be paid within any one year by the said 
 Western Maryland and Union Railroad Companies, respec- 
 tively, to the said Baltimore and Potomac Railroad Company, 
 for the said passage of passengers and freight over said portion 
 of said railroad, shall not exceed such proportion of the in- 
 terest on the original cost of said portion of said railroad, and 
 
Railroads. 805 
 
 Article XL. — Ordinances. 
 
 of the cost of maintenance of the same, as the amount of the 
 aggregate of business carried over said portion of said Balti- 
 more and Potomac railroad for each of said companies respec- 
 tively, bears to the whole amount of business carried over said 
 portion ot said railroad for the said three companies ; pro- 
 vided, that the said work shall be subject to the inspection of 
 the City Commissioner, who shall have the power of compel- 
 ling the said company to do its work so as to protect the in- 
 terests of the city. 
 
 195. The said Baltimore and Potomac Railroad Company iwd, s. 5. 
 shall establish at least one general depot for passengers and Depot, 
 freight, and one or more way stations between Pennsylvania 
 avenue and the point where said railroad shall cross the Balti- 
 more and Frederick Turnpike. 
 
 196. The said Baltimore and Potomac Railroad Company, iwd, s. e. 
 
 in constructing its road across the Baltimore and Frederick- construction of 
 town Turnpike, the old Frederick road or turnpike, and Lafay- turnpikes and 
 
 avenues. 
 
 ette avenue as extended into Baltimore county, and other 
 avenues adjacent to and leading into the city of Baltimore, 
 shall carry the said railroad by tunnel under said turnpike 
 and avenues, or by bridges over the same, and in such man- 
 ner as not to interfere with the travel over the same ; provided, Proviso, 
 the corporation or persons having control of the said turnpikes 
 and avenues shall so arrange and adopt the grades of the same 
 as to enable said railroad to be carried over or under said 
 turnpikes and avenues, and whenever it shall be necessary to 
 alter the grade of said turnpike or of any of said avenues 
 which at the time of said construction of said railroad shall 
 have been actually graded ; the expense of said alteration shall 
 be borne by said Baltimore and Potomac Railroad Company. 
 
 197. No opening or holes for the purpose of ventilation iwa, s. 7. 
 shall be made in any of the streets or avenues of said city J^^JJ^'j,'j*"°° *° 
 under which said tunnel shall be made, but said Baltimore 
 
806 Kailroads. 
 
 Article XL. — Ordinances. 
 
 and Potomac Railroad Company shall, if any ventilation of 
 such tunnel additional to that afforded by the mouths is re- 
 quired, supply the same by means of chimneys, shafts or flues, 
 erected at proper points, on property belonging to said com- 
 pany, and of such height and construction as shall ventilate 
 said tunnel without annoyance to persons or property in 
 proximity thereto. 
 
 Ibid, 8. 8. 198. The said Baltimore and Potomac Railroad Company 
 
 Railroad along in coustructing its Said railroad alone; or across any of the 
 
 streets, &c. , ° b J 
 
 streets mentioned in section 191, under which there are any 
 sewers, shall construct the same in reference to such sewers, 
 in such manner as shall be directed by the City Commissioner, 
 and so that the sewerage through said streets shall not be in- 
 jured or disturbed, and all the expense of the alteration of 
 any existing sewers along any of said streets which the City 
 . Commissioner shall determine to be necessary in consequence 
 of the construction of said railroad, shall be borne by said 
 Baltimore aud Potomac Railroad Company, and if in the 
 judgment of the City Commissioner the construction of said 
 railroad along or across any of said streets shall render neces- 
 rary the making of any new sewers which would not other- 
 wise have been required, then all such sewers shall be made 
 under the direction of the City Commissioner, and the expense 
 thereof shall be borne by said Baltimore and Potomac Rail- 
 road Company. 
 
 Ibid, s. 9. 199. The exercise of all the powers of locating, construct- 
 
 How governed, ing, maintaining and using said railroad track through the 
 city of Baltimore conferred by this ordinance, or that may be 
 conferred by any amendment or supplement thereto, or by 
 any future ordinance, shall be and remain at all times and in 
 all respects, so far as the safe, free and unobstructed enjoyment 
 and use of the streets, ways, avenues and alleys of the city of 
 Baltimore are concerned, and subject to and under the control 
 of the Mayor and City Council of Baltimore. 
 
Railroads. 807 
 
 Article XL. — Ordinances. 
 
 200 The said Baltimore and Potomac Railroad Company iwa, s. lo. 
 shall complete the tunnel entirely within two years from the Time limited, 
 time after it is commenced in the city, otherwise this ordinance 
 to be void and of no effect ; provided, that the work is not 
 interfered with in the meantime by proceedings in the courts 
 against said railroad company. But said company may com- no. 49, Apr. 25, 
 
 '70. 
 
 mence that portion of said tunnel lying between the west abut- sec. 10 of ordi- 
 ment of the bridge to be built over Jones' Falls at North isegTamended. ' 
 avenue, and the track of the Northern Central Railway as at 
 present located, without the same being considered a com- comjietion of 
 mencement of said tunnel within the meaning of this section ; 
 provided, that the work on said portion of said tunnel shall be proviso, 
 commenced on or before May Ist, 1870, and completed within 
 live months from that time.* 
 
 * The Act of 1870, c. 80, s. 7, recites the ordinance May 29, 1869, [Sec. 191, 
 &c., ante,'] and provides for charging toll on road where it crosses the western 
 boundary of the city, &c. ; provided, however, the fourth section of the 
 ordinance [sec. 194, p. 804,] be complied with. 
 
 The constitutionality of this Act of 1870, c. 80, providing for taking pri- 
 vate property for the construction and repair of railroad is maintained in 
 Shipley v. Bcdto. & Potomac R. B. Co., 34 Md. 336. 
 
 Authority by the legislature to a railroad company to tunnel the streets of 
 a city may be granted by implication. Balto. & Potomac R. R. Co. v. Reaney< 
 42 Md. 118. 
 
 Damage done to the house of a party by reason of the excavation ot a street 
 by a railroad company made under lawful authority, is not damnum absque 
 injuria, and he may recover therefor without showing that the power dele- 
 gated to the company has been illegally or negligently exercised. Ibid. 
 
 As against a municipal government in the careful exercise of its right and 
 power to grade, change and improve a street, there can be no right of action 
 for an unavoidable injury done; but as against a private corporation in no 
 wise connected with the municipal government, obtaining authority to use 
 the streets in an extraordinary manner for its own private purposes and 
 profit, the case is different. As against such party, the owner of a lot of 
 ground with a building thereon, bounding on a street, is entitled to the natu- 
 ral support which the bed of the street may afford to the foundation of his 
 house. And notwithstanding authority may have been obtained both from 
 the city and the State Legislature, to make the extraordinary use of the 
 street, yet that authority must be exercised at the peril of the party to whom 
 
808 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 No.26, sii, 201. In the construction of said tunnel under the bed of 
 
 May '29, '69. 
 
 Water and gas the strccts herein named, ample provision shall be furnished 
 
 mains. '■ '■ 
 
 to the water and gas mains ; and in the event of its being 
 necessary to change or disturb them, the same must meet 
 with the concurrence of the Water Board or City Commission- 
 er, and all cost of said change^must be borne by the Baltimore 
 and Potomac Railroad Company. 
 
 202. The said company in giving signals within the limits 
 of the city shall give such signals, unless in cases of especial 
 danger, by the ringing of bells instead of blowing steam whistles. 
 
 Ibid, s. 12. 
 Signals. 
 
 Ibid.s. 13. 
 
 Offices. 
 
 President. 
 
 No. 33, s. 1, 
 Aprii 25, '31 . 
 
 203. The'principal offices of said Baltimore and Potomac 
 Railroad Company shall always be located within the corpor- 
 ate limits of the city, and the president of said company shall 
 be a resident citizen of the State of Maryland. 
 
 204. 
 
 NORTHERN CENTRAL RAILWAY.* 
 The Baltimore and Susquehanna Railroad Company 
 
 are hereby authorized to construct and lay down a track of 
 
 it is delegated; and if any injury accrues to private property in tlxe exercise 
 of this power, the party producing it must be held liable ; and such liability 
 arises, even though the injury is the natural or inevitable result or conse- 
 quence of the act authorized to be done. The owner of the corner house 
 binding on the street excavated, being entitled to such such support to the 
 foundation of his building as the bed of the street afforded before it was 
 excavated, if the adjoining house was bound to the corner house, and was 
 lawfully dependent upon it for its stability, the disturbance of the natural 
 support of the corner house by the act of the party making the excavation, 
 whereby injury is done to the adjoining house, furnishes the owner of the 
 latter a cause of action that entitled him to recover for such injury. The 
 measure of damages in such case would be a sum that would compensate' 
 the plaintiff for the injuries done to his particular interest in the premises. 
 Ibid. 
 
 * By 1854, c. 250, the Baltimore and Susquehanna Railroad Company, the 
 York and Maryland Line Railroad Company, the York and Cumberland 
 Railroad Company and the Susquehanna Railroad Company were consoli- 
 dated by the name of the Northern Central Railway Company, subject to- 
 all laws and ordinances, contracts and liabilities applicable oj relating to 
 said companies, &c. 
 
Kailboads. 809 
 
 Article XL. — Ordinances. 
 
 railroad or railway, of stone or iron, or of both, from the Track of rau- 
 
 . , way agreeably 
 
 mam stem of said road, from or near a point marked A on to piatin Regis- 
 
 ' -t ttr's office. 
 
 a plat filed by said company in the Register's office, along or 
 near the route marked by a red line, to or near a point 
 marked B on the old Almshouse lot west of Eutaw street, 
 and also, from or near said point A, along or near a red line 
 marked A, C, D, to or near a point marked D, on the city 
 property on the east side of Jones' Falls ; the said last men- 
 tioned route to be continued along the west side of Harford 
 Run, after the said branch shall intersect Canal street.* 
 
 * By Ordinance No. 23, March 30, '53, the Baltimore and Susquehanna 
 Railroad Company was directed to remove that portion of their road between 
 Monument and Wilk streets, from the west side of Central avenue to the 
 middle of said avenue, over the bed of Harford run, and so to elevate said 
 road as to make it the highest part of the avenue ; and also to repair all that 
 part of the road east of Jones' Falls, so as not to prevent or interfere with 
 travel on the streets through which it passes. It repealed the portion of above 
 section relating to the railway track on the west side of Harford run. 
 
 1849, c. 532, enacted : that the southern terminus of the Baltimore and 
 Susquehanna Railroad shall be at the depot erected on Calvert street, 
 in the city of Baltimore, including the said depot, and so much of the lot on 
 which it stands as may be necessary for the convenient use of said depot, 
 and that the president and directors of the Baltimore and Susquehanna Rail- 
 road Company shall be, and they are hereby, invested with all the rights and 
 powers necessary for the construction, repair and use of a line of railroad, in 
 and from said Calvert street depot, along their present line of railroad tracks 
 on the bed of North street, and through Bolton depot to the city limits, as 
 fully in every respect as said company now possesses the right and power 
 to construct, repair and use its railroad beyond the limits of the city of Bal- 
 timore. 
 
 2. That the president and directors of said company shall be, and they are 
 hereby, authorized to construct, repair and use a second track of railroad, 
 parallel to their present track, from said Calvert street depot to the city 
 limits, and if in their judgment necessary, to alter the location of their pre- 
 sent track; provided, that before said company shall be authorized to con- 
 struct a second track, it shall widen the streets through which its road 
 passes, in the manner hereinafter provided, for which purposes the said com- 
 pany is hereby authorized to widen the streets through which said tracks are 
 or may be located to the further width of twenty feet, and may acquire the 
 necessary ground and materials by gift or purchase, or by condemnation, in 
 the manner prescribed and authorized by the original act to which this is 
 
810 Kailroads. 
 
 Article XL. — Ordinances. 
 
 Mayor_and City And the Major and City Council do hereby agree to lay off 
 dfp^o'ts'^'"* ^"^ ^* *^® ol^ Almshouse and the city property on the east side 
 of Jones' Fallsj a lot of ground of one acre at each place, to 
 be used by the company as a depot for the erection of build- 
 ings necessary for the operation of the company ; provided, 
 however, that if the said company should at any time here- 
 after cease to use the said depots, or either of them, for twelve 
 
 a further supplement; and for the purposes of such condemnation, the 
 sheriff and justices of the peace of Baltimore city and Baltimore County 
 Court, are hereby invested respectively vpith all the powers, authority and 
 duties within the limits of the city of Baltimore, as the sheriff and justices of 
 the peace of Baltimore county and Baltimore County Court are respectively 
 charged and invested with by the said original act, beyond the limits of the 
 city of Baltimore ; provided, that nothing in this act contained shall deprive 
 the Mayor and City Council of Baltimore of the right and power to fix and 
 prescribe the rate of speed at which the said railroad company may run their 
 cars and locomotives within the city limits; and provided, that the Legisla- 
 ture reserves to itself the right to repeal this act whenever in its discretion 
 it may deem it expedient. 
 
 3. The opening of certain proposed streets located upon the map of Balti- 
 more city, through the Bolton depot of said company, would seriously injure 
 the operations of said company, and would be of no benefit to any consider- 
 able portion of any of the citizens : therefore, be it enacted, that the, follow" 
 ing streets, or such parts of them as run through the said Bolton depot lot, 
 shall be, and they are hereby, forever closed, namely : all that pait of Hoff- 
 man street lying between Foster alley and Cathedral street ; all that part of 
 John street lying between Dolphin and Cathedral streets, and all that part 
 of West Oliver street lying between Dolphin and Cathedral streets, and no 
 other street, lane or alley shall be opened through the said lot without the 
 assent of the president and directors of said company ; provided, the said 
 company, on being so notified and required by the Mayor and City Council 
 of Baltimore, or by their duly authorized agents, shall open Dolphin street 
 of a width of sixty feet in a straight line to Cathedral street, and shall give, 
 for the purposes of a street, a strip of ground along the east side of Foster 
 alley, forty feet in depth, and extending from Dolphin to Preston streets> 
 thereby making Foster alley, now twenty feet wide, a sixty feet street ; and 
 further, shall open Preston street, from Foster alley to Cathedral street, and 
 shall deed to the city of Baltimore the ground so to be given for the beds of 
 streets. (See p. 825, post.) 
 
 4. That the president and directors of said company be, and they are hereby , 
 authorized to refuse to transport the cars, goods and merchandise of any 
 individuals or company, after he, they or it shall have violated the pub- 
 
Railkoads. 811 
 
 Article XL. — Ordinances. 
 
 months, that then, and in such case, they shall revert to the To revert to the 
 
 city . 
 
 Mayor and City Council of Baltimore, in as full and absolute 
 a manner as if this ordinance had never been passed; provi- 
 ded, however, that the said company may remove any and 
 all buildings or improvements erected on said depot or depots. 
 
 I 
 
 lished rules and regulations of said company, until full satisfaction shall 
 be made for such violation ; and that any individuals or company trans- 
 porting upon said railroad without the knowledge of said company, any 
 gunpowder or friction matches, shall be subject to a fine of one hundred 
 dollars for each offence, to be recovered in tlie name of the State, before any 
 jurftice of the peace as other fines — one-half for the use of the informer, and 
 one-half for the use of the State ; provided, a copy of this section be pub- 
 lished with the rules and regulations of the company. 
 
 5. Tliat the president and directors of said company may allow individuals 
 (ir companies to use their own cars in tlie transportation of goods or mer- 
 cliandise on its road at rates of toll to be fixed by said company; provided, 
 and it is hereby declared, that said company shall not be liable for any 
 damage done through accident to said cars, or any loading therein, unless 
 tlie same was occasioned by the wilful misconduct or gross negligence of 
 said company or its agents ; provided, that all the expenses incurred by the 
 rity authorities by the proceeding heretofore had under the Act of 1838, c. 
 226, and the ordinances of the city of Baltimore regulating the manner of 
 opening the streets, and so forth, for opening the streets, or any of them, 
 mentioned in this section, through Bolton depot lot, shall be paid by the 
 Baltimore and Susquehanna Railroad Company. 
 
 6. That the president and directors of said company be, and they arc 
 hereby, invested with all the rights, powers and privileges granted under the 
 original act of incorporation, and which may be necessary to carry into 
 effect the provisions of this act. 
 
 7. That the president and directors of said company shall be, and they are 
 hereby, authorized to run any of the locomotives or cars belonging to said 
 company, on any railroad connecting with that of said company, or with 
 the York and Maryland Line Railroad, whenever in their judgment the 
 interest of the Baltimore and Susquehanna Railroad Company will be pro- 
 moted by such arrangements. 
 
 8. That all Acts of Assembly inconsistent with the provisions of this act, 
 in so far as they are so inconsistent, be, and the same are hereby, repealed. 
 
 9. That this act shall be of no force and effect until a majority in value of 
 the stockholders of said company, including the State of Maryland, whose 
 iisscnt is hereby given, in general meeting assembled, shall have assented to 
 the same, and shall have deposited with the Treasurer of Maryland the 
 written evidence of such assent. 
 
812 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, 8.2. 205. Nothing herein contained shall be so construed as to 
 
 Railways to be prevent the Mayor and Citv Council of Baltimore, at any 
 
 removed when .< » i ^ 
 
 required. time hereafter, to cause the whole or any part of the said 
 
 branches authorized by this ordinance, which may be laid on 
 the bed of any street, lane or alley, to be taken up and removed 
 at the expense of said Baltimore and Susquehanna Kailroad 
 Company, whenever so required by the Mayor and City 
 Council of Baltimore. 
 Ibid, s. 3. 206. The Baltimore and Susquehanna Railroad Company 
 
 Turn-outs. shall coustruct as many turn-outs at the intersection of such 
 streets, and also along the line of the railway hereby author- 
 ized, as the Mayor and City Council of Baltimore may at any 
 time require or authorize. 
 Ibid, s. 4. 207. All and every car, wagon, or other vehicle, which 
 
 anYmai^pTwer^ ^^^1 P*^^ ^'^ ^^^ ^^ *^^ railways authorized to be constructed 
 by this ordinance, shall be drawn by animal power, and not 
 drawn or propelled by steam ; and shall be at a rate not ex- 
 ceeding three miles per hour for wagons of burden, and for 
 passengers cars at such rate as may be approved from time 
 to time by the Mayor and City Council, under a penalty of 
 five dollars for each oifence, to be sued for and recovered as 
 other fines and forfeitures are recovered ; and until the rate at 
 which passengers cars may travel shall be regulated, they 
 Speed. shall bc allowed to travel at a rate not exceeding six miles 
 
 per hour.* 
 Ibid, s. 5. 208. The right to pass and enforce all such ordinances as 
 
 ^"epair^ ''''^' Hiay be necessary for the purpose of having all and every 
 track or tracks of railway hereafter to be made within the 
 city by the Baltimore and Susquehanna Railroad Company 
 maintained and kept in good order and repaired at the cost 
 and charge of the said company, is hereby reserved to the 
 Mayor and City Council of Baltimore. 
 
 * See sees. 7, 14 and 17, ante. 
 
Raileoads. 813 
 
 Article XL. — Ordinances. 
 
 I 
 
 209. The right to connect by tracks of railway within iwd.s.e. 
 the city with the main stem of the Baltimore and Susque- RiKht reserved 
 
 . , , ^ . ^ come in with 
 
 hanna railroad, or its branches, as may be deemed expedient, the main stem. 
 is hereby reserved to and by the Mayor and City Council of 
 Baltimore, and the Mayor and City Council of Baltimore 
 .shall also have the right of charging and collecting a toll 
 upon all cars, wagons and vehicles which may pass upon 
 any track or racks so constructed. 
 
 210. The president and directors of the Baltimore andNo. 31, si, 
 
 April 10, '37, 
 
 Susquehanna Railroad Company are hereby authorized and Extending raii- 
 empowered to extend their railroad and branches therefrom streets, 
 through and along any of the streets of the city which they may 
 select, and which may be approved by the Mayor, for the 
 purpose of forming rail communications from the main stem 
 of said road to the following points, to wit : — to the track 
 laid in Howard street at its intersection with Franklin 
 street, to the city block, passing through old town, and 
 to any depot which may be established on Calvert street, or 
 between the same and Jones' Falls north of Saratoga street. 
 
 211. No railroad track shall be laid down in any street, ibia.s. 2. 
 under the provisions of this ordinance, until the said railroad rime umited 
 shall be completed to the borough of York ; provided, how- ° *^ ""^ 
 ever, that this section shall not be so construed as to pro- 
 hibit the railroad company from selecting the route through 
 
 the different streets, as provided for in the preceding section, 
 and to purchase such depots as they may deem proper and ex- 
 pedient ; and furthermore, when the rails are located in any of 
 the streets of the city, they must be done so as to meet the 
 approbation of the City Commissioner. 
 
 212. The power and authority are hereby reserved to the iMd, s. 3. 
 
 Mayor and City Council of Baltimore to require the said Bal- Mayor author- 
 ized to remove. 
 
 Iimore and Susquehannna Railroad Company, at any time 
 lereafter, to take up and remove any track of railway which 
 
814 
 
 IwAILROADS. 
 
 Article XL. — Ordinances. 
 
 may be laid down in any street under the provisions of this 
 ordinance, if the same shall he found injurious to the city ; 
 and if the said company shall not remove any such track 
 Notice. within six months after receving notice to that effect, the 
 
 Mayor and City Council shall be authorized to have the 
 same removed at the expense of said company.* 
 
 No. 36, April 213. The president and directors of the Baltimore and 
 
 19, '39. ^ _ 
 
 Locationof rail- Susquehanna Railway Company are hereby authorized, with 
 
 road on Wilk 
 
 the approbation of the Mayor, to locate the Baltimore and 
 
 and Exeter 
 streets. 
 
 Susquehanna Railroad so as to run from its intersection with 
 Canal and Wilk streets, westwardly along the centre of 
 Wilk street to Exeter, thence along the centre of Exeter street 
 Proviso. southerly to the city property on the city block ; provided, 
 
 the construction of the said road be done under the super- 
 vision of the City Commissioner. 
 
 No. 55, s. 1, 214. Permission is hereby ffiven the Baltimore and Sus- 
 
 June20, '54. -^ ° 
 
 Railroad ex- quohauna Railroad Company to extend their road to tide- 
 tended to tide- ^ • 1 
 
 water. Water, as authorized under the Act of Assemby of 1853, c. 
 
 191.t 
 
 *By Ordinance No 59, May 11, '63, the Mayor was authorized and direct- 
 ed to give notice to the president and directors of the Northern Central 
 Railway Company to take up and remove their track in the centre of 
 the bed of Central avenue, in accordance with the provisions of the above 
 section. 
 
 t Sec. 4 of this act provided that the Mayor and City Council of Balti- 
 more are authorized and empowered to construct branches, or to authorize 
 individuals to do the same, from the tracks outside the city proposed by the 
 act, through or along any street in said city that may be deemed necessary, 
 subject to the same rules and regulations as are required for private switches 
 on the main line of said road. 
 
 Held, that the Act of*1853, and the assent of the Mayor and City Council 
 given in section 214, above, do not give the railroad company the right to 
 locate its lateral road through the city over such route, and with such grade 
 or grades as the company in the exercise of its discretion might deem ex- 
 pedient. The Act of 1853, c 191, did not design to take away from the 
 municipal legislature the jurisdiction and control over its streets and high- 
 
Kailboads. 815 
 
 Article XL. — Ordinances. 
 
 215. The Baltimore and Susquehanna Railroad Company ibid, s. 2. 
 are hereby authorized to construct and lay down and keep in where tracks 
 
 may be laid. 
 
 repair a branch of their road, either with one or two tracks, 
 beginning at the North avenue, east of the present track, 
 to some point on navigable water on the northwest branch 
 of the Patapsco river, cast of Jones' Falls ; and in the location 
 and construction of the same the said company shall be per- 
 mitted, under the direction and with the consent of the Mayor 
 and City Commissioner, to adopt such grades and curves as 
 may enable them advantageously to use locomotive engines 
 thereon ; provided, that no grade of any street already graded 
 and paved shall be altered or interfered with, except under 
 the direction of the Mayor and City Commissioner ; and pro- 
 vided, that the whole may be under such salutary regulations 
 as the city authorities may from time to time prescribe ; pro- 
 vided, further, that the branch road, as aforesaid, in its con- 
 struction, shall be carried under the North avenue. Decker, Tunnels. 
 Charles, St. Paul, North and Belvidere streets, and York 
 avenue, and all avenues intervening between said North 
 avenue and the streets as aforesaid, and by a tunnel commenc- 
 ing at the York avenue and running under Hoffman street ; 
 • said tunnel terminating near the intersection of Ann and 
 I Hoffman streets, crossing Belair avenue on the level of the 
 I grade of said avenue, near Greenwood gardens, and crossing 
 the Havre-de-Grace turnpike, near the intersection of Fay- 
 
 ways given the city by its charter, with power to fix and determine their 
 grades witli a view to the public convenience. The power reserved by Act 
 of 1853, c. 191, to Mayor and City Council over the subject, is complete and 
 unimpaired. The right to give or withhold their -assent to the construction 
 of the road necessarily involves the right of prescribing the terms and con- 
 ditions upon which their assent is given. The provisions of above ordi- 
 nance are valid and binding upon the company, as conditions upon which 
 the assent of the city was granted. All the above sections must be construed 
 together. It was proper for the Mayor and City Council to require the rail- 
 road to be made under the supervision of the Mayor and City Commissioner. 
 ]S\ C. R. W. Co. V. Mayor, &c., 23 Md. 93. 
 
 IlK 
 
816 Kailroads. 
 
 Article XL. — Ordinances. 
 
 ette and Luzerne streets, and then by the most practicable 
 route to the eastern limits of the city towards its terminus at 
 tide-water, on the northwest branch of the Patapsco river, 
 within the present corporate liinits of the city of Baltimore. 
 
 I bid, s. 3. 216 The said Baltimore and Susquehanna Kailroad Com- 
 
 Locomouves pany are hereby authorized to use locomotive engines, adapted 
 
 may be used. r J J o » • 
 
 to a slow speed, in said extension ; provided, this ordinance 
 shall not be so construed as to prevent the Mayor and City 
 Council of Baltimore at any time regulating the speed of said en- 
 gines through any or all the streets through which it may pass. 
 
 Ibid, 8.4. 217. The right to connect by tracks of railway within the 
 
 Connection city with the main stem of the Baltimore and Susquehanna 
 
 with main stem. •' ^ 
 
 railroad, or any of its branches, as may be expedient, is hereby 
 reserved to the Mayor and City Council of Baltimore. 
 
 Ibid, s. 5. 218. The right to pass and enforce all such ordinances as 
 
 Reservation to Qj^y bc ueccssary for the purpose of having all and every 
 track or tracks of railway hereafter to be made in the city by 
 the Baltimore and Susquehanna Railroad Company main- 
 tained and kept in good order and repair, at the cost and 
 charge of said company, is hereby reserved to the Mayor and 
 City Council of Baltimore. 
 
 Ibid, s. 6. 219. Before the Baltimore and Susquehanna Railroad 
 
 Grades to be es- Company shall proceed to lay all or any part of the road on 
 any of the streets authorized by this ordinance, the City Com- 
 missioner shall establish the grades of all the streets througli 
 which said road may pass, by the City Surveyor and engineer 
 of and at the cost of the said Baltimore and Susquehanna 
 Railroad Company. 
 
 Ibid, 8. 7. 220. It is expressly understood that the laying of the track. 
 
 City to iiave su- ^s providcd for in this ordinance, through any or all the streets 
 
 pervision. ^ > ^ i 
 
 above named, shall be under the supervision of the Mayor and 
 City Commissioner. 
 
Railroads. 817 
 
 Article XL. — Ordinances. 
 
 I 
 
 221. The terminus and all the improvements thereat ofiwd, s. 8. 
 said branch road shall be on the northwest branch of the Terminus. 
 Patapsco river, at or near the Lazaretto, within the present 
 corporate limits of the citj of Baltimore. 
 
 222. The said Baltimore and Susquehanna Railroad Com- iMd.s. g. 
 pany shall not enter into any arrangement with any individual Rates often- 
 or incorporated company for the transportation of tonnage or 
 passengers to and from the line of their road, to any point on 
 
 the seaboard, at a less rate per ton and per capita per mile than 
 the rate established by said company for the transportation of 
 the same to and from the city of Baltimore, except only by 
 the permission of the Mayor and City Council of Baltimore. 
 
 223. The said company shall have power to construct such iwd, s. lo. 
 wharves and coal shutes at the termination of said branch wharves and 
 
 coal shutes. 
 
 road, on the northwest branch of the Patapsco river, as may 
 be requisite to accommodate the business of the company ; 
 subject, however, to all ordinances now existing, or that may 
 hereafter be passed, regulating the business of the harbor of 
 the city of Baltimore. 
 
 224. The Baltimore and Susquehanna Railroad Company iwd, s. n. 
 are hereby authorized to construct a track along the bed of Track through 
 
 ~ 1 ,»., • /.AT , 1 Central arenue, 
 
 Central avenue to the intersection or Aiiceanna street, and 4o. 
 along said street to its intersection with Caroline street, and 
 along Caroline to its intersection with Thames street, and 
 along Thames street to connect with the tracks of said com- 
 pany, as provided in this ordinance, by such street as may be 
 designated by the Mayor and City Council of Baltimore ; 
 provided, the track authorized to be put down on the bed of 
 the streets as aforesaid shall be constructed under the super- 
 vision of the City Commissioner, and subject to all ordinances 
 regulating railroad tracks within the limits of this city, now 
 existing or which may hereafter be passed, and to be removed 
 at the discretion of the Mayor and City Council of Baltimore. 
 
818 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 12. 225. If the said Baltimore and Susquehanna Railroad 
 
 Conditions. Company shall refuse to comply with the provisions and con- 
 ditions contained in section 221, then the permission given 
 by said ordinance shall be null, void and of no effect. 
 
 Ibid, 8.13. 22(5. Should the Baltimore and Susquehanna Railroad 
 
 Northern cen- Company be Consolidated with the York and Maryland Line 
 
 tral Railway . 
 
 Company to Railroad Company, the York and Cumberland Railroad Com- 
 
 na^ e same pow- ' •' ' 
 
 ers and rights, pany, and the Susquehanna Railroad Company of the State 
 of Pennsylvania, by the name of the Northern Central Rail- 
 way Company, under the acts of the State of Maryland and 
 Pennsylvania, authorizing the consolidation of the same, then, 
 and in that case, the said Northern Central Railway Company 
 shall be entitled to all the privileges and subject to all the pro- 
 visions and penalties of this ordinance.* 
 
 No.5i,s.i,jun9 227. The Northern Central Railway Company is hereby 
 Permission to authorizcd to lay down a single track of the ordinary struc- 
 
 lay down track -ii, . i ... 
 
 onBeiairave. turc uscd by the said company in their road, upon the bed of 
 Belair avenue, from the present track on Monument street to 
 the intersection of said avenue with Eager street, and thence 
 upon the line of the bed of Eager street to its intersection 
 with the track of the said Northern Central Railway Com- 
 pany's road, being constructed and leading to tide-water at 
 Canton. 
 
 Ibid, s. 2, 228. The said company shall in the use of the said track 
 
 Conditions, &o. be subjcct to the conditions and limitations, and shall observe 
 
 all the regulations that are comprised and set forth in the first 
 
 section of the ordinance entitled an ordinance to authorize the 
 
 Baltimore and Susquehanna Railroad Company to use steam 
 
 *ByEes. No. 180, June 36,1856, the Northern Central Railway Com- 
 pany was authorized to change tlie route of the railroad track from Central 
 avenue to Thames street, authorized by above ordinance, from the bed <if 
 Aliceanna and Caroline streets to the bed of Eastern avenue and Bond 
 streets, to Thames, to Philpot, and to Fell streets. 
 
Railroads. 819 
 
 Article XL. — Ordinances. 
 
 engines within the limits of the city of Baltimore, May 2, 
 1845, No. 38.* 
 
 229. The said Northern Central Railway Company shall iwd, s. s. 
 not use within the limits of direct taxation any portion of the Engines not to 
 
 *' ^ pass except be- 
 
 track authorized to be laid by this ordinance for the passage of ^f®?"^^ °'^^'^'' 
 
 any engine or train of cars, excepting between the hours of *° """''''°*'' 
 
 nine o'clock at night and five in the morning ; and should the 
 
 said company violate the provisions of this ordinance, they 
 
 shall be liable to a fine or penalty of twenty dollars for each Penalty. 
 
 violation, to be recovered before any justice of the peace 
 
 in the city of Baltimore, to be sued for in the name of the 
 
 Mayor and City Council of Baltimore, upon the information 
 
 of any person or persons who may be cognizant of such 
 
 violation. 
 
 230. The said Northern Central Railway Company shall iwd.s. 4. 
 enter into bonds with the Mayor and City Council of Baltimore To give bond, 
 in the penal sum of fifty thousand dollars, to take up and remove 
 
 the temporary track, permission to lay down which is granted 
 in section 227, at the expiration of two years from the laying 
 down of the same ; and in the event of the said temporary 
 track not being taken up and removed within three months after 
 the expiration of the above named time, then the bond shall 
 be forfeited for the benefit of the Mayor and City Council of 
 Baltimore. 
 
 *The first section is as follows: that the Baltimore and Susquehanna 
 Railroad Company is authorized to use their steam engines on the rail 
 track, from the Bolton depot to the depot of said company, situate on city 
 block, for the transportation of coal, plaster, lime, limestone, iron, iron ore 
 and other minerals and earths ; provided, that the rate of travel of said en- 
 gines on said track shall not exceed four miles per hour; and provided, 
 further, that the steam power over the railway track hereby granted to be 
 used by the Baltimore and Susquehanna Railroad Company to their depot 
 on the city block, be used between the hours of nine at night and five in the 
 morning ; and that a man is required to walk in advance of the steam en- 
 gine with a lighted lantern, in passing through the streets, from the Belvi- 
 dere depot on North street to their depot on the city block. 
 
 i 
 
820 Railroads. 
 
 Article XL. — Ordinances. 
 
 Ibid, s. 5. 231. Any person or persons who may have suffered damages 
 
 Damages— how to their hoiises or other property, as the case may be, from the 
 
 to be recovered. r r ./ ' j ^ 
 
 laying down or operating of said road by said company, may 
 sue upon the said bond in the name of the Mayor and City 
 of Baltimore ; or should the Northern Central Railway Com- 
 pany omit, refuse or neglect to remove said track at the expir- 
 ation of the two years hereinbefore stated, it shall be lawful 
 for any person or persons who may conceive themselves to be 
 aggrieved by such omission, refusal or neglect to remove the 
 said track, to enter suit upon the said bond in the name of the 
 Mayor and City Council of Baltimore. 
 Ibid, s. 6. 232. The track hereby authorized to be laid down shall be 
 
 streets to be taken Up, and the streets on which the same shall have been 
 
 placed in good 
 
 condition after coustructed, whorc the same are paved or improved, shall be 
 
 removal of the i i ' 
 
 track. restored to the same condition in which they may be at the time 
 
 of laying down the track aforesaid, at the expense of the said 
 Northern Central Railway Company. 
 
 Ibid, 8.7. 233. Nothing herein contained shall be construed to release 
 
 Not to be re- ^aid compauy from the obligations imposed upon it by former 
 ligations im- Ordinances in reference to the establishment ofthe grades of the 
 
 posed by other i • i . i 
 
 ordinances. strccts upon which Said temporary track shall be laid, nor to 
 release the said company from the obligations imposed upon it 
 by Ordinance No. 57, entitled an ordinance to aid in the com- 
 pletion of a continuous line of railway from Sunbury in Penn- 
 sylvania, to tide water at Baltimore, passed at session of City 
 Council in 1854, and No. 77, passed the same session and year, 
 entitled supplement to an ordinance entitled an ordinance to 
 aid in the completion of a continuous line of railway from Sun- 
 bury in Pennsylvania, to tide- water at Baltimore, passed June, 
 1854, but all of the obligations of the said company shall con- 
 tinue and remain as though this ordinance had never passed. 
 
 No. .s9,s.2,May 234. The president and directors of the Northern Central 
 To lay two Railway Company are hereby authorized and empowered to 
 avenue. lay a track along the east and another along the west side of 
 
Railhoads. 821 
 
 Article XL. — Ordinances. 
 
 Central avenue, commencing at Orleans street on the north, 
 and extending to and connecting by turn-outs, with the single 
 track of their road on Eastern avenue. 
 
 235. Nothing in this ordinance shall be so construed as to ibid, s. 3. 
 annul in any particular the powers reserved to the Mayor and Not to annul 
 
 „., „ ., /. -r« , . . ^- ^ power reserved. 
 
 CJity Council of Baltimore in sec. 212. 
 
 236. The Canton extension of the railroad of the Northern No. 31,8. 4,May 
 
 , 18, '65. 
 
 Central Railway Company shall be constructed on tiie follow- Route on can- 
 
 J • 1 1 T» • 1 ikT 1 '"" extension. 
 
 ing described route, that is to say : Beginning at the North 
 avenue, east of the present track, to some point on navigable 
 water on the northeast branch of the Patapsco river, east of 
 Jones' Falls ; and in the location and construction of the same 
 the said company shall be permitted, under the direction and 
 with the consent of the said Mayor and City Commissipner, to 
 adopt such grades and curves as may enable them advan- 
 tageously to use locomotive engines thereon ; provided, that 
 no grade of any street already graded and paved shall be 
 altered or interfered with, except under the direction of the 
 Mayor and City Commissioner; and provided, that the whole 
 may be under such salutary regulations as the city authorities 
 may from time to time prescribe ; provided, further, that the 
 branch road as aforesaid, in its construction, shall be carried 
 under the North avenue, Decker, Charles, St. Paul, North 
 and Belvidere streets and York avenue, and all lands and 
 alloys intervening between said North avenue and the 
 streets as aforesaid, and by a tunnel commencing at York ave- 
 nue ; thence southeasterly to the northernmost corner of the 
 burial ground of the Second Presbyterian Church ; the centre 
 line of said branch road at said corner to be thirty-three feet 
 therefrom, measured at right angles to the direction of said 
 branch road ; thence continuing to its intersection with Biddle 
 street ; the tunnel terminating at a point west of Gay street, 
 crossing Gay street at its present level as now graded and 
 paved, and connecting said tunnel line as prolonged by a light 
 
822 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 curve with Biddle street ; thence easterly along the centre line 
 of Biddle street to a point five hundred and seventy-three feet 
 west of the central intersection of Biddle and Chesapeake 
 streets; thence connecting Biddle and Chesapeake streets by a 
 curve of five hundred and seventy-three feet radius to the right, 
 said curve terminating at a point in the centre line of Chesa- 
 peake street, five hundred and seventy-three feet south of the 
 central intersection of Chesapeake and Biddle streets ; thence 
 southerly along the centre line of Chesapeake street to its 
 intersection with the aforesaid branch road, as located under 
 the provisions of sec. 2, (sec. 215, ante,) of Ordinance No. 55, 
 entitled an ordinance to authorize the Baltimore and Susque- 
 hanna Railroad Company to extend their road to t de-water, 
 (sees. 214-226, ante,) and thence by the aforesaid location to its 
 terminus at tide-water, on the northwest branch of the Patapsco 
 river, within the present corporate limits of thecity of Baltimore; 
 provided, that so far as changes of any of the grades of the said 
 streets, lanes or alleys shall or may be rendered necessary by 
 the execution and completion of the said Canton extension, the 
 said Northern Central Railway Company shall, under the 
 direction of the said Mayor and City Commissioner, make the 
 said changes, and complete and finish the new grading and 
 paving of the said streets, lanes and alleys in a reasonable 
 time, and in a workmanlike manner. 
 
 To tide-water. 
 
 Changes 
 
 Grading and 
 paving. 
 
 Ibid,«. 5. 
 PeD»lly. 
 
 237. The Northern Central Railway Company shall com- 
 plete, fit for use, the Canton extension, upon the route and 
 plan above mentioned, on or before July 1, 1868 ; but in case 
 said Canton extension shall not be completed by that time, the 
 said Northern Central Railway Company shall pay to the Mayor 
 and City Council of Baltimore the sum of two thousand dollars 
 monthly for two years after the expiration of the said three 
 years, and three thousand dollars monthly thereafter, until the 
 said extension is completed ; the said payment so to be made to 
 be regarded as liquidated damages, and not by way of penalty. 
 
Eailboads. 823 
 
 Article XL. — Ordinances. 
 
 238. The Northern Central Railway Company is hereby ibid, s. 6. 
 expressly authorized to change their route to the Cal vert street to change 
 
 route. 
 
 station in the city of Baltimore, and is authorized to make, 
 
 construct and use the same, according to a second plan and pian »ni pro- 
 file, 
 profile now on file in the City Register's office, setting forth 
 
 the routes and grades thereof, and authenticated by the signa- 
 tures of the Register of said city and the president of tlie said 
 Northern Central Railway Company. 
 
 239. The said Northern Central Railway Company shall, iwd, 8. e. 
 and it is made a condition precedent to the grant mentioned offices to be 
 in this ordinance,* that it will forever hold its chief offices, to more, 
 wit: secretary, treasurer, superintendent, master of transpor- 
 tation, and master of machinery, in the city of Baltimore ; 
 
 that it will hold there its elections and the regular meetings 
 of its directors ; and also that said Northern Central Railway 
 Company shall, within the limits of the city of Baltimore, or 
 within two miles thereof, establish and forever maintain its 
 principal workshops for all the purposes for which workshops 
 are needed by the company, and be required to keep the Bridges and 
 bridges and streets in order on their line of road, within and kept in order, 
 two feet on the outer line of their track or tracks on either 
 side, in thorough repair. 
 
 240. The Northern Central Railway Company shall deposit ibid, s, 9. 
 in the office of the City Commissioner plats showing the loca- to depoiit 
 tion, with reference to the corners of the nearest streets, of the '' "'*' 
 beginning and ending of each and every curve, as located 
 within the limits of the city of Baltimore. 
 
 241. The city reserves the right of domain to all streets i^id s. 10. 
 occupied by the Northern Central Railway Company, whether Domain to 
 laid out according to the plat of the commissioners appointed ^'"*'*' 
 by the General Assembly in eighteen hundred and eighteen, 
 
 * See the rest of this ordinance under Stocks, Loans and Finance, Art. 
 XL VI, Northern Central RAiiiWAY. 
 
824 Railroads. 
 
 Article XL. — Ordinances. 
 
 or laid out by the railway company in pursuance of this ordi- 
 nance, or of Ordinance No. 55, entitled an ordinance to author- 
 ize the Baltimore and Susquehanna Railroad Company to 
 extend their road to tide-water, June 20, 1854, (sees. 214-226, 
 ante.) 
 
 Ibid, 8.11. 242. If the said Northern Central Railway Company shall. 
 
 Assent to ordi- On or bcforc the first day of July next, in a general meeting 
 of its stockholders, approve, assent and agree to the several 
 provisions of this ordinance, and shall communicate said ap- 
 proval, assent and agreement, under its corporate seal and the 
 signature of its president, to the Register of the City of Balti- 
 Not binding un- more, to be rccorded and preserved in his oflSce, then this ordi- 
 
 less company '^ 
 
 agree. naucc, and every provision and stipulation thereof, shall be 
 
 binding upon the said Mayor and City Council and the said 
 Northern Central Railway Company. 
 
 No. 76, June 20, 243. The Northcm Central Railway Company is hereby 
 Track on East- authorized to lay a single track of railway, with tram rail, 
 
 ern avenue, &c. . -n 
 
 from the intersection of its track on Eastern avenue and Eden 
 street, south on Eden street to Aliceanna street, and a track, 
 with tram rail, on Aliceanna street, from its intersection with 
 ProTisos. Bond street west to Albemarle street; provided, the track 
 
 extending from Central avenue on Eastern avenue, running 
 west to Exeter street, and thence on Exeter street to Aliceanna 
 street, be removed ; and provided, further, that the track on 
 Eastern avenue, from Eden street to Bond street, and thence 
 on Bond street to Aliceanna street, be also removed. 
 
 Powers re- 244. Nothing in the above section shall be construed as to 
 
 annul in any particular the powers reserved to the Mayor and 
 City Council in sec. 212. 
 
 No. 38, Mays, 245. The Northcm Central Railroad Company is hereby 
 Red lighis. required to place a red light upon each car passing along Mon- 
 ument street and Central avenue after dark, and said light 
 shall be so displayed as to be seen by vehicles coming from 
 
Railroads. 825 
 
 Article XL. — Ordinances. 
 
 either north or south, east or west ; and the said company is 
 
 also required to place bells upon all horses drawing said cars; Beiison horses. 
 
 and any violation of this ordinance shall subject the offending 
 
 party to a fine of fifty dollars, the same to be collected as all Penalty. 
 
 other city fines are collected, and to be paid into the city 
 
 treasury. 
 
 Note.— Ordinance No. 77, September 28, 1868, recites : that it is desirable 
 that railway tracks in the city should be so constructed as that they should 
 cross or pass along the streets below the grade thereof wherever practicable ; 
 and that the Northern Central Railway Company desires to remove the 
 tracks of its railway leading to Calvert Station, from their present location 
 to the northeastern side of Jones' Falls, and desires so to construct its new 
 tracks as that wherever they cross or pass along streets the said tracks shall 
 be constructed below the grade of said streets wherever such method of con- 
 struction is practicable ; and that the owners of a majority of the feet of 
 ground fronting and binding on the streets named in this ordinance have 
 presented to the Mayor and City Council their petition, asking the grades of 
 said streets may be changed between the points named in this ordinance ; 
 therefore it enacts : that the grade of Charles street, between Hoffman and 
 Lanvale streets, and the grade of Eager street, between North and Buren 
 streets, be raised and changed under the direction of the Mayor and City 
 Commissioner, so as to enable the Northern Central Railway Company to 
 construct its railway tracks under said streets, and all open cuts along Hoff- 
 man and other streets shall be tunneled by the said railway company ; that 
 the present track belonging to the said Northern Central Railway Company, 
 extending from Cathedral street to Eager street, shall be removed by said 
 company within three months after the new tracks are ready for operation, 
 under a penalty of fifty dollars for each day said present track shall remain 
 after the expiration of said three months; all expenses to be paid by com- 
 pany. This ordinance is construed in N. C. R. W. Co. v. Mayar, &e., 46 
 Md. 425. 
 
 By the Act of 1878, c. 410, the Mayor and City Council are authorized and 
 empowered to alter the grades of Madison, Buren and North streets so as to 
 give the bed of Madison street sufl5cient elevation to enable the tracks of the 
 Northern Central and Western Maryland Railroads to pass under the bed 
 of Madison street. 
 
 By Ordinance No. 20, April 7, 1873, the Northern Central Railway Com- 
 pany was notified and required to open Dolphin street of a width of sixty 
 feet in a straight line to Cathedral street, and to give for the purposes of a 
 street a strip of ground along the east side of Foster alley, forty feet in depth, 
 and extending from Dolphin to Preston streets, thereby making Foster alley, 
 now twenty feet wide, a sixty feet street, and further to open Preston street, 
 
826 Railroads. 
 
 Article XL. — Ordinances. 
 
 PHILADELPHIA, WILMINGTON AND BALTIMORE RAILROAD. 
 
 Aug. 2, '37. 246. The Baltimore and Port Deposit Railroad Company* 
 
 are authorized to continue and extend their track of railway 
 
 from Foster alley to Cathedral street, and to deed to the city of Baltimore 
 the ground so to be given for the beds of said streets, in conformity with the 
 Act of 1849, c. 533, sec. 3. (See p. 810, anU.) 
 
 By Ordinance No. 39, June 2, 1877, the City Commissioner was authorized 
 and directed to construct a bridge over Jones' Falls and the tracks of the 
 Northern Central Railway Company at Calvert street. (See Art. XXX, 
 Jones' Falls.) 
 
 By Ordinance No. 102, June 3, 1876, the Northern Central Railway Com- 
 pany was authorized to construct, under the supervision of the City Com- 
 missioner, a bridge over all that part of Jones' Falls lying between Monu- 
 ment street and the railway bridge of the company, situated about two hun- 
 dred and ten feet north of the northwest line of Madison street, the said 
 bridge to be of such design, materials and workmanship as that it shall not, 
 in the judgment of the Mayor and City Commissioner, reduce the present 
 area of the water flow of said stream, or from obstructions to boating mate- 
 rials thereon, the height of the abutments and of the sub-structure of the 
 said bridge to correspond to those of the bridge recently erected at Madison 
 street and the bridge about to be erected at Monument street, and the said 
 bridge shall be so constructed as that it will afford a sufficiently strong and 
 convenient wagon-way for vehicles engaged in delivering and receiving 
 freight from the cars and depots of the said company there situated, but in 
 no case shall said wagon -way be used for railroad tracks and cars. It was 
 further provided that the said bridge should be removed at any time after 
 twelve months' notice by the Mayor and City Council of Baltimore, the 
 expense of removal to be borne by the Northern Railway Company ; and 
 that the whole cost and expense of the construction of the bridge, as well as 
 of its future maintenance, and of the re-construction and repair of the walls of 
 the Falls along the line of the bridge, whenever the same may be necessary, 
 be borne by the Northern Central Railway Company; tliis ordinance to 
 take effect as soon as the railway company shall deliver to the Mayor an 
 ' agreement, under its corporate seal, abandoning the use as a water-way of 
 
 the mill-race known as Warfield's Race, and to fill up the same; and also 
 releasing all claims for damages against the city which might arise in con- 
 sequence of granting the permission hereby given, as well as all claims for 
 damages growing out of acts of omission or commission on the part of the 
 Mayor and City Council of Baltimore, in connection with the Warfield 
 property or mill-race. 
 
 * By 1881, c 288, s. 25, the directors of said Baltimore and Port Deposit 
 Railroad Company were autliorized to extend the said railroad to any point 
 
Railroads. 827 
 
 Article XL. — Ordinances. 
 
 alonff Fleet street, westwardly from its intersection with Car- Tracks laid 
 
 " ' •' along Fleet 
 
 loine street to the intersection with President, and to build a street, &c. 
 bridge over Harford run, on Fleet street, under the direction 
 of the City Commissioner ; provided, the said company agree to Proviso, 
 remove the railway from Wilk and Caroline streets, and re-place 
 the pavement in said streets ; and the Mayor is authorized to 
 give the assent of the city for the passage of and construction Assent ef 
 of said railroad track in front of and along any property be- 
 longing to the city. 
 
 247. If at any time after the introduction of railways into No. 70, June le, 
 the streets of the city by the president and directors of the Railroad com- 
 
 •' •' ' pany not to ob- 
 
 Baltimore and Port Deposit Railroad Company, formerly so «""<=t streets, 
 called but now known by the name of the Philadelphia, Wil- 
 mington and Baltimore Railroad Company,* it shall appear 
 that the said railways, or any part thereof, shall constitute an 
 obstruction or impediment to the ordinary use of any street 
 
 or points within the said city of Baltimore which they may think proper, 
 and to make and extend the said road from such point to the outer limits of 
 the said city ; and that the same powers, rights and privileges shall be, and 
 are hereby, granted to the aforesaid company, within the limits of the city of 
 Baltimore, in relation to and in connection with the said railroad within the 
 said city, as are granted to them in relation to and in connection with the 
 said Baltimore and Port Deposit Railroad Company in any other part of the 
 State ; and the said company shall within the said city be subject to the same 
 obligations that are imposed upon them in other parts of the State ; provided 
 always, that the railroad to be constructed within the said city shall be so con- 
 structed and made as not to interfere with the free use and travelling on the 
 streets of the said city ; and provided , also, that the said railroad shall not 
 pass through any of the streets, lanes or allej's of said city without the con- 
 sent of the Mayor and City Council of Baltimore being first had and obtained. 
 
 * The Philadelphia, Wilmington and Baltimore Railroad Company was 
 formed by the union of several railroad companies previously charted by Mary- 
 land, Delaware and Pennsylvania, two of which were the Baltimore and 
 Port Deposit Railroad Company, whose road extended from Baltimore to the 
 Susquehanna, lying altogether on the west side of the river, and the Delaware 
 and Maryland Railroad Company, whose road extended from the Delaware 
 line to the Susquehanna, and lying on the east side of the river. Phil., Wikn- 
 & Bait. R. R. Co. V. Md., 10 How. S. C. R. 376. 
 
828 
 
 Railroads. 
 
 Article XL. — Ordinances. 
 
 or streets of which the said Mayor and City Council shall be 
 the sole judges, the directors aforesaid shall, on the requisition 
 
 Remedy. of the Mayor, either forthwith provide a remedy for the same, 
 
 satisfactorily to the said Mayor and City Council ; or, if they 
 fail to find such remedy, they shall, within one month after 
 
 Duty of Mayor, receiving such requisition, proceed to remove such obstruction 
 or impediment, and to replace the street or streets in the same 
 condition in which they were before the railway was laid down ; 
 and should the said president and directors decline or neglect 
 to obey the requisition of the Mayor, the Mayor, after having 
 
 Notic«. given one month's notice, shall cause the obstructions or im- 
 
 pediments to be removed, and the original condition of the street 
 or streets restored, at the expense of the said president and 
 directors. 
 
 No. 14, April 18, 
 '6i. 
 
 Canton Com- 
 pany to con- 
 struct a track 
 on Chester and 
 Aliceanna 
 streets. 
 
 Proviso. 
 
 Track — how 
 constructed. 
 
 248. The Canton Company is hereby authorized to con- 
 struct a railway track on Chester and Aliceanna streets, be- 
 tween their warehouses, situate on the south side of Aliceanna 
 street, east of Chester street, and the track of the Philadelphia, 
 Wilmington and Baltimore Railroad Company on Boston 
 street; provided, the written consent of the owners of a ma- 
 jority of the front feet of property on the streets along which 
 said track is proposed to be laid be first obtained ; the work 
 to be done under the superintendence of the City Commissioner; 
 the track laid under the authority hereof shall be constructed 
 in conformity with the conditions of the ordinance in this ar- 
 ticle intended to prevent the obstruction of travel upon streets.* 
 
 > 
 
 * Ord. No. 42, June 2, '62, enacted : that upon the railway tracks authorized 
 to be constructed by the above ordinance, the Philadelphia, Wilmington & 
 Baltimore Railroad Company are authorized, with the consent of the Can- 
 ton Company, to use locomotive engines; subject, however, to the conditions 
 of the ordinance regulating the speed of locomotives within the city of Bal- 
 timore. (See sec 14, p. 727, arde.) 
 
 Note. — In an action against a railroad company the defendant proved 
 that a fire, for which damages were claimed, began on a lot owned by one 
 H., immediately adjoining the railroad and covered with broom-sedge and 
 
Railroads, 829 
 
 Article XL. — Ordinances. 
 
 UNION RAILROAD. 
 
 249. The Union Railroad Company of Baltimore is hereby No 2, Dec. 1, 
 authorized and empowered, in the construction of its railroad, to lower bed of 
 
 ^ _ _ Belair avenue. 
 
 to lower the bed of Belair avenue, at the point where it will 
 be crossed by the said railroad, not more, however, than five 
 and one-half feet below the present surface of the avenue at 
 said point, said railroad company to defsfty every expense at- 
 tending such change of grade, such as grading, paving, re-set- 
 ting railroad track, &c.; also any damage arising to the 
 property therefrom, and to construct a bridge over the said Bridge, 
 avenue, the bottom of which shall be not less than fifteen feet 
 above such new grade of said avenue, for the passage of loco- 
 motives and cars being used upon the said railroad ; provided, Proviso, 
 the signatures of two-thirds of the owners of the property on 
 Belair avenue adjoining the proposed change of grade be 
 obtained. 
 
 250. The said company is hereby authorized and empower- ibid.ss. a, 3. 
 ed, in the construction of its railroad, to occupy the beds of John to occupy bed 
 
 , of John and 
 
 and Wolfe streets, at their intersection, to such extent as may woife streets. 
 be necessary, and to construct its road upon the same, with 
 such grade as the convenience of the said company may re- 
 quire ; provided, however, that before the said company shall ProvUo, 
 
 dry grass; that the fire burned across this lot, about one hundred and fifty 
 yards to the land of the plaintiffs, where it encountered a fence and dry 
 grass, and, spreading from these, destroyed young timber, fences, and fence- 
 rails on said land. Held : 
 
 1. That the fact that the fire was first communicated to the material on 
 the land of the adjacent proprietor, H, did not effect the defendant's respon- 
 sibility to the plaintiffs. 
 
 2. That the fire injured the plaintiffs' property in its natural and direct 
 course, and by naturally and gradually spreading from the place where it 
 began .without any intervening force or power, and the injury was therefore 
 its proximate effect. PhUa. Wilm. & Bait. R. R. Co. v. Constable, 39 Md. 
 150. (See note of Bait. <& Potomac R. R. Co. v. Rmiwy, 42 Md. 118, on p. 807 
 ante.) 
 
88^ Kailroads. 
 
 Article XL. — Ordinances. 
 
 make use of the same for the passage of its locomotives or 
 
 Wagon ways, cars, it shall provide convenient wagon ways for travel on both 
 
 sides of its railway tracks, each not less than thirty-three feet 
 
 in width, calculated from the nearest rail of the road of said 
 
 How changes compauy: the changes aforesaid shall be under the super- 
 made. IT ./ 
 
 vision of the City Commissioner, and in a manner to be ap- 
 proved by him. 
 
 No. 77, June 21, 251. The Uniou Eailroad Company of Baltimore is here- 
 Authorized to by authorized to construct its railroad under the Belvidere 
 
 construct its -^ 
 
 Be'ividerrstre'et Street or road, at a point northeast of the Belvidere bridge; 
 
 Proviso. provided, however, that the said company shall construct over 
 
 the said railroad a bridge not less than twenty-five feet in 
 width, with sides of sufficient height in the opinion of the City 
 Commissioner, and that the grade of the said street or road 
 shall not be made higher than that provided for by an ordi- 
 nance of the Mayor and City Council of Baltimore, entitled 
 an ordinance to change the grade of Belvidere street or road, 
 at the northca t end of Belvidere bridge, [No. 75, June 21, 
 1873,] and that the inclines from each end of the bridge shall 
 not be steeper than those provided for in said ordinance, and 
 that the work shall be done to the satisfaction of the City 
 Commissioner; provided, further, that nothing herein contained 
 shall be construed to prevent the repeal of this ordinance at 
 any time hereafter. 
 
 Note.— As to right of Union Eailroad Company under legislative grant 
 of power to cross Baltimore and Havre-de-Grace Turnpike, see B. & H. T. 
 Co. v. U. R. B. Co., 45 Md. 224. 
 
 Ord. No. 75, Sept. 26, '68, enacted : that the Union Railroad Company is 
 authorized to raise the grade of Greenmount avenue at its intersection with 
 Hoffman street, from four to six feet from wliat it now is, and Charles street 
 at its intersection with the old Falls road, between Lanvale and Federal 
 streets, to an elevation of from eight to eleven feet, all of which shall be done 
 under the supervision of the City Commissioner, and be properly graded, 
 paved and bridged ; expenses to be paid by company. 
 
Railroads. 831 
 
 Article XL. — Ordinances. 
 
 WESTERN MARYLAND RAILROAD. 
 
 252. The Western Maryland Railroad Company and its No. 95, Oct. 22, 
 assigns are hereby authorized and empowered to lay down and Tram Railway, 
 maintain a line of tram railway track or tracks, with necessary 
 turn-outs and turn-tables, on Patterson avenue, Fremont, Cook 
 and Sewell streets, from the depot of the said company, west 
 of Fulton street, to Pennsylvania avenue, and to connect with 
 the double track of the City Passenger Railway Company at 
 Pennsylvania avenue, and with the tracks of the Citizens' 
 Railway Company at Strieker and Gilmor streets, and to run 
 cars by horse power upon the track or tracks so to be con- 
 structed ; the said track or tracks shall be laid under the iwd, s. 2. 
 supervision of the City Commissioner, and in a manner which howw*. 
 shall meet his approval. 
 
 Note. — The Circuit Court of Baltimore City has no jurisdiction to enjoin 
 proceedings in fieri under the charter of West. Md. R. R. Co., for objections 
 apparent upon their face or otherwise, the Superior Court having special and 
 complete authority to adjudge and determine them. West. Md. R. R. Go. 
 V. Patterson, 37 Md. 126. 
 
 Baltimore, Calverton and Powhatan Railroad.— The Baltimore, 
 Calverton and Powhatan Railroad Company was incorporated by Act of 
 1870, c. 469, to construct a railroad from some convenient point in the city 
 of Baltimore, at or near the terminus of the City Passenger Railway on 
 Baltimore street, or north of the Frederick road, thence by the Calverton 
 road, Baltimore turnpike and Liberty road, either or both, or such other 
 route or routes as they may select, lia the junction of the Baltimore and 
 Liberty turnpike road and Windsor Mill road to Wetheredsville, Franklin- 
 town, Powhatan, or to any one or all of said places. 
 
 The Act of 1872, c. 285, authorizes the Baltimore, Calverton and Powha- 
 tan Railroad Company to acquire, by purchase or otherwise, all the cor- 
 porate rights and franchises of the Hookstown and Pimlico branch, and the 
 Randallstown branch of the Baltimore, Calverton and Powhatan Railroad 
 Company, or either of them, so as to unite all the rights and franchises of 
 the said Baltimore, Calverton and Powhatan Railroad Company, and the 
 two branches above mentioned, into one road. 
 
 Baltimore, Catonsville and Ellicott's Mills Passenger Rail- 
 way.— The Baltimore, Catonsville and Ellicott's Mills Passenger Railwayi 
 
Eailboads. 
 
 Article XL. — Ordinances. 
 
 from the western limits of the city of Baltimore to the village of Catons- 
 ville, (and thence authorized to EUicott City and Clarksville,) was constructed 
 under 1860, c. 34, and 1865, c. 63. (See 1878, c. 39.) 
 
 The Act of 1874, c. 113, authorized this company to use steam instead of 
 horse power for the transportation of passengers ; provided, the Baltimore 
 and Fredericktown Turnpike Road Company consent to the use of steam 
 instead of horse power on said railway ; and that the locomotives used be 
 smokeless, fireless and noiseless, except ordinary noise and smoke from 
 running of cars. 
 
 The acts of incorporation of these companies are construed, in Peddicord 
 V. Baltimore, Catonsville and EllicoWs Mills Passenger Railway Co^npany, 34 
 Md. 465. By Resolution No. 345, May 26, 1875, the City Commissioner was 
 authorized to change the location of the track of this railroad from the side 
 to the centre of Frederick avenue, and to lay down tram rail. 
 
 Baltimore and Delta Railway. — The charter of the Baltimore and 
 Bwann Lake Passenger Railway Company, incorporated by Act of 1868, c. 
 314, was amended by Act of 1874, c. 272, and the name changed to the 
 Baltimore, Hampden and Towsontown Railway Company. This company 
 was consolidated with the Baltimore and Delta Railway Company (incor- 
 porated by Act of 1870, c 476,) by Act of 1878, c. 195, to be known by the 
 latter name. 
 
 Baltimore, Hampden and Lake Roland Railroad. — The Baltimore, 
 Hampden and Lake Roland Railroad Company was incorporated by Act of 
 1872, c. 284 ; the company is authorized to construct a railway, with one or 
 two tracks and the necessary sidelings, for the transportation of travellers or 
 freight by horse power, and have the exclusive use of any streets or county 
 roads over which they may wish to lay their track, between Boundary 
 avenue and Lake Roland ; provided , said track or tracks are constructed in 
 such a manner as not to interfere with the travel over said streets or roads. 
 
 Baltimore, Highlandtown and Riverview RaijiROAD — This com- 
 pany was incorporated by the Act of 1878, c. 298. 
 
 Baltimore and Pikesville Railroad. — The Act of 1870, c. 249, au- 
 thorized the laying of a railroad by the Baltimore and Reisterstown Turn- 
 pike Company, between Baltimore city and Pikesville, in Baltimore county. 
 The sixth section thereof authorizes the company to extend their railway to 
 such points iu the city of Baltimore and to connect with such of the rail- 
 ways in said city, or which may be constructed therein, as the Mayor and 
 City Council of Baltimore shall permit, direct and ordain, and subject to 
 such restrictions, terms and conditions as said Mayor and City Council may 
 prescribe and impose, and as the Baltimore City Passenger Railway Com- 
 Ijany shall consent and agree to. 
 
Eailroads. 833 
 
 Article XL. — Ordinances. 
 
 Caruollton Avenue RAiiiROAD. — The Carrollton Avenue Company, 
 incorporated by the Act of 1860, c. 113, was authorized by Act of 1870, c. 47i 
 to construct a passenger railway with one or more tracks along and upon the 
 road and route upon which by the original act and this supplement it was 
 authorized to construct a turnpike road ; viz : from some point within the city 
 limits, to run along or near the lands of Robert Fowler, deceased, and continue 
 thence to some point on the Patapsco river, near Orange Grove Mill, with lat- 
 eral branch to some point on the said river, near the Relay House Station on 
 Baltimore and Ohio Railroad, and to extend the avenue through Howard 
 county to a point on Columbia turnpike, at or near Pushpin bridge, on the 
 Patuxent river. It further provides, that the Carrolltfm Avenue Company 
 shall have the right, subject to such general regulations as the Mayor and City 
 Council of Baltimore shall, from time to time, establish and ordain for the gov- 
 ernment of passenger railways within the limits of said city of Baltimore, of 
 connecting with any other railways or roads which are now, or may l)e con. 
 structed. 
 
834 
 
 Registration of Births and Deaths. 
 
 Article XLI. — Ordinance. 
 
 ARTICLE XLI. 
 
 REGISTEATION OF BIRTHS AND DEATHS. 
 
 ORDINA NCE . 
 
 Duty of Health Commissioner: 
 books. 
 
 Duty of physician or coroner: 
 certificate of death: exception: 
 illegitimate children. 
 
 Duty of sexton, &c.: of under- 
 taker: proviso. 
 
 Return of certificate of death to 
 the Board of Health. 
 
 5. Penalty against physician or cor- 
 
 oner, undertaker, &c. 
 
 6. Midwives: registry of births: 
 
 duty of parents : exception. 
 
 7. Names of physicians, midwives, 
 
 undertakers and sextons. 
 
 8. Registries of births and deaths 
 
 accessible to public. 
 
 9. Form of books. 
 10. Blanks. 
 
 ORDINANCE . 
 
 No. 86, Oct. 6, 1. The Commissioner of Health shall provide suitable 
 
 '74. _ _ * . , 
 
 Duty of Health books in which he shall register, in the manner hereinafter 
 directed, the returns made to him of the births and deaths 
 which may occur within the city of Baltimore, together with 
 the reported causes of death in each case. 
 
 Ibid, 8. 2. 2. Whenever any person shall die in the said city, it shall 
 
 Duty of physi- be the duty of the physician who attended during his or her 
 last sickness, or of the coroner, when the case comes under his 
 notice, to furnish, within forty-eight hours after the death, to 
 the undertaker or other person or persons superintending the 
 burial, a certificate setting forth, as far as the same can be 
 ascertained, the full name, sex, age and condition, (whether 
 married or single,) of the person deceased, and the cause and 
 date of death, except in cases of the births and deaths of ille- 
 gitimate children. 
 
 cian or coroner. 
 
 Certificate of 
 death. 
 
 Exception. 
 
 Illegitimate 
 children. 
 
Registbation of Births and Deaths. 835 
 
 Article XLI. — Ordinance. 
 
 3. No person having the charge, as sexton or otherwise, of iMd.s. 3. 
 any vault, burying ground or cemetery, within the said city, Duty or sexton, 
 shall inter, or allow to be interred, or place, or allow to be 
 
 placed, in any vault, burying ground, or cemetery, the dead 
 body of any person ; nor shall any undertaker or other person 
 remove the dead body of any person who has died in the said 
 city and has not been buried, to any place beyond the limits 
 of the said city, without first procuring the certificate of the 
 attending physician or of the coroner, or a written order from 
 the Commissioner of Health. To said certificate the under- or undertaker, 
 taker, or other person having charge of the body, shall, as far 
 as can be ascertained, add the occupation of the deceased, the 
 place of birth, the ward, street and number of the house in 
 which the death occurred, the place and date of interment; 
 and where the deceased is a minor, the full name of the 
 parents. In case any person shall die without the attendance 
 of a physician, or if the physician who did attend at the time 
 of the death refuses or neglects to furnish a certificate as afore- 
 said, it shall be the duty of the undertaker, or of any other 
 person acquainted with the facts, to report the same to the 
 Commissioner of Health, who shall be authorized to give acer 
 titicate of death as aforesaid ; provided, it bo not a case requir- Proviso, 
 ing the attendance of the coroner. 
 
 4. Every sexton or other person having charge of any vault, ibid, s. i. 
 burying ground, or cemetery, within the city of Baltimore, and Return of certu 
 
 J , , 1 1 11 J 1 floate of deatli 
 
 every undertaker or other person who shall remove any dead to Board of 
 
 •' . ^ "^ Health. 
 
 body, which had not been buried from or out of the said city, 
 shall return the certificate of death to the Board of Health 
 before twelve o'clock, M., on the Saturday next succeeding the 
 date of burial, or removal of the body out of the city. 
 
 5. In case a physician or coroner shall refuse or neglect to ibid, s. 5. 
 furnish such certificate as aforesaid, he shall forfeit and pay penalty against 
 
 physician, or 
 
 the sum of ten dollars for each offence : and every undertaker, coroner, under- 
 
 ' •' ' taJcer, Ike. 
 
 sexton, or other person, removing the dead body of any person, 
 
836 
 
 Hegisteation of Births and Deaths. 
 
 Article XLI. — Ordinance. 
 
 or having charge of any vault, burying ground, or cemetery, 
 who refuses or neglects to perform any of the duties required 
 by this ordinance, shall forfeit and pay for every such offence 
 the sum of twenty dollars, which sum shall be recovered as 
 other fines and forfeitures are recoverable. 
 
 Registry of 
 birtba. 
 
 Ibid, 8. 6. 6. Every person practising midwifery in the city of Balti 
 
 Midwives. more, under whose charge or superintendence a birth shall 
 hereinafter take place, shall keep a true and exact register of 
 such birth, and shall enter the same on a blank schedule, to 
 be furnished by the Commissioner of Health ; this schedule 
 shall contain a list of the births which have occurred under 
 his or her care during the month, and shall set forth, as far as 
 the same can be ascertained, the full name of each child, (if 
 any name shall have been conferred,) its sex, color, the full 
 name and occupation of its parents, the day and place of its 
 birth, and the said schedule shall be delivered, duly signed by 
 the practitioner in the form of a certificate, between the first 
 and third day of each and every mouth, to the Board of 
 Health. In case the birth of any child shall have occurred 
 without the attendance of a physician, or of a practitioner of 
 midwifery, or should no other person be in attendance npon 
 the mother immediately thereafter, it shall then become the 
 
 Duty of parents, duty of the parent or parents of such child to report its birth 
 to the Board of Health in the manner and form, and within 
 
 Exception. the pcriod above required, except in cases of the births and 
 deaths of illegitimate children. 
 
 Ibid, s. 7. 7. Every practicing physician, and every person practicing 
 
 Names of phy- midwifery in the city of Baltimore, and every undertaker and 
 
 sicians, raid- i • j 
 
 wives, under- superintendent or sexton of any cemetery or burymg ground 
 
 sextons. jjj ^]^q g^ij city, who shall neglect or refuse to leave his or her 
 
 name and place of residence at the health office within sixty 
 
 days after the Commissioner of Health shall have given 
 
 notice of this ordinance, and who shall neglect or refuse to 
 
Registbation of Births and Deaths. 837 
 
 Article XLI. — Ordinance. 
 
 perforin any other of the duties required as aforesaid, shall 
 forfeit and pay for each oifence the sum often dollars, 
 
 8. The registry of births and deaths shall be kept in sepa- ibid, s. 8. 
 rate books, with general indexes to the respective records ; and Registries of 
 
 . , . , ,. births and 
 
 said registers shall at all times, be accessible to the public, deaths, acce«8i- 
 
 o ' *^ ble te public. 
 
 under such restrictions and regulations as may be imposed by 
 the Commissioner of Health. 
 
 9. In order to secure uniformity and dispatch in the regis- iwd, s. o, 
 tration herein provided for, the books shall contain on the Form of books, 
 margin of each page printed titles, with corresponding blanks 
 
 for suitable entries for births and deaths, in the following 
 order : Births — Full name of the child, sex, color ; full name 
 of the father ; full name of the mother ; day, month and year 
 of the birth ; street and number of the house where born ; 
 name of the physician or other person signing certificate ; his 
 residence, date of certificate; date of registration. Deaths — 
 Full name of the deceased, color, sex, age, married or single, 
 occupation, birth-place, date of death, cause of death, when a 
 minor, the name of the father and mother, ward, street and 
 number of house, date of burial, date of certificate, date of 
 registration. 
 
 10. The Commissioner of Health shall keep on hand at all iwd, a. lo. 
 times a supply of blanks for gratuitous distribution to all per- Blanks, 
 sons whose duty it shall be to make returns under this ordi- 
 nance ; the said blanks to be prepared in the form of books, 
 
 and the margin shall correspond with the printed titles in the 
 books of the Health Commissioner, as required by section 9 
 of this ordinance.* 
 
 *Ttiere is a Public Gteneral Law, similar to this ordinance, for the regis- 
 tration of births, marriages and deaths, in the counties and the city of Balti- 
 more, enacted by the Acts of 1865, c. 130, and 1866, c. 103. Hardesty y. Taft, 
 23 Md. 525. 
 
838 
 
 Sabbath. 
 
 Article XLII. — Statutes. 
 
 AUTICLE XLII. 
 
 SABBATH. 
 
 STATUTES 
 
 1. Observance of the Lord's day: 
 
 penalty. 
 
 2. Selling, giving away, &c., liquors, 
 
 cigars, &c.: penalty: license: 
 milk or ice dealers and apothe- 
 caries. 
 
 Keeping open dancing saloons, 
 opera houses, ten-pin alleys, bar- 
 ber shops, &c., on Sunday : pen- 
 alty. 
 
 RDIN A NOES 
 
 Penalty for driving cattle, &c., 
 through the streets on the Sab- 
 bath : exceptions. 
 
 Penalty for selling fruit, liquor, 
 &c., on the Sabbath. 
 
 Penalty for sporting and gaming 
 
 on the Sabbath. 
 Bands of music not to parade on 
 
 the Sabbath : penalty. 
 
 STATUTES . 
 
 P. G.I,., art. 30, 1. No pcrson shall work or do any bodily labor on the 
 Observance of Lord's day, commonly called Sunday ; and no person, having 
 
 the Lord's day. ,.,, in i .., mi-i 
 
 children or servants, shall command, or wittingly or willingly 
 suffer any of them to do any manner of work or labor on the 
 Lord's day, (works of necessity and charity always excepted,) 
 nor shall suffer or permit any children or servants to profane the 
 Lord's day by gaming, fishing, fowling, hunting, or unlawful pas- 
 time or recreation ; and every person transgressing this section, 
 and being thereof convicted before a justice of the peace, shall 
 Penalty. forfeit five dollars, to be applied to the use of the county or city.* 
 
 * This section is the Act of 1723, c. 16, sec. 10. The original Acts for ob- 
 servance of the Sabbath were 1723, c. 16; 1834, c 244; 1847, c. 193. For 
 decisions on these Acts see State v. Fearson, 2 Md. 311 ; PML, Wilm. & BaZto. 
 
Sabbath. 839 
 
 Article XLII. — Statutes. 
 
 2. No person in this State shall sell, dispose of, barter, orisee.c. ee. 
 if a dealer in any one or more of the articles of merchandise seiung, giving 
 
 away, &c., 
 
 m this section mentioned, shall give away on the Sabbath day, liquors, cigars, 
 
 ' o ^ ./ ' &c. on Sunday. 
 
 commonly called Sunday, any tobacco, cigars, candy, soda or 
 mineral waters, spirituous or fermented liquors, cordials, lager 
 beer, wine, cider, or any other goods, wares or merchandise 
 whatsoever; and any person violating any one of the provi- 
 sions of this section shall be liable to indictment in any court 
 in this State having criminal jurisdiction, and upon conviction 
 thereof shall be fined a sum not less than twenty nor more 
 than fifty dollars, in the discretion of the court, for the first 
 offence; and if convicted a second time for a violation of this 
 section, the person or persons so offending shall be fined a sum 
 not less than fifty nor more than five hundred dollars, and be Pen«ity. 
 imprisoned for not less than ten nor more than thirty days, in 
 the discretion of the court ; and his, her, or their license, if 
 any were issued, shall be declared null and void by the judge 
 of said court; and it shall not be lawful for such, person or 
 persons to obtain another license for the period of twelve 
 months from the time of such conviction ; nor shall a license License, 
 be obtained by any other person or persons to carry on said 
 business on the premises or elsewhere, if the person so as afore- 
 said convicted has any interest whatever therein, or shall divide 
 any profit whatever therefrom, and in case of being convicted 
 more than twice for a violation of this section, such person or 
 persons on each occasion shall be imprisoned for not less than 
 thirty nor more than sixty days, and fined a sum not less than 
 double that imposed on such person or persons on the last pre- 
 ceding conviction, and his, her, or their license, if any were 
 issued, shall be declared null and void by the court, and no 
 new license shall be issued to such person or persons for a 
 period of two years from the time of such conviction, nor to 
 
 R. B. Go. V. PMl. & H. 8. T. Co., 33 How. 217 ; Powliatan Steam Co. v. Ap- 
 pomatox B. B. Co., 24 How. 247; Bode v. State, 7 Gill, 324; Ca/pritz v. State, 
 IMd. 569; 2%<wia8 v. J3tt»ter, 29 Md. 406. 
 
840 Sabbath. 
 
 Article XLII. — Statutes. 
 
 any one else to carry on said business wherein he is in anywise 
 interested, as before provided for the second violation of the 
 provision of this section ; one-half of all the fines to be im- 
 posed under this section shall be paid to the State, and the 
 Milk or ice othcr half to the informer : this article is not to apply to milk 
 
 dealers and • j i . , . , . 
 
 apothecaries, or ice dealers in supplying their customers, or to apothecaries 
 when putting up honajide prescriptions.* 
 
 1874, c.ri. 3. It shall not be lawful to keep open or use any dancing 
 
 Keeping open saloou, opcra housc, tou pin alley, barber saloon, or ball alley, 
 
 dancing saloons, ^ n 
 
 opera houses, withiu this State on the Sabbath day, commonly called Sunday, 
 
 ten-pm alleys, *' *' '' ' 
 
 &c o"^sin*d"ay ^^^ ^^^ pcrsou Or persous, or body politic or corporate, who 
 shall violate any provisions of this section, or cause, or know- 
 ingly permit the same to be violated by any person or persons in 
 his, her or its employ, shall be liable to indictment in any 
 court of this State having criminal jurisdiction, and upon con- 
 
 Penaities. viction thereof, shall be fined a sum not less than fifty dollars 
 nor more than one hundred dollars, in the discretion of the 
 court, for the first ofience, and if convicted a second time for 
 a violation of this section, the person or persons, or body poli- 
 tic or corporate, shall be fined a sum not less than one hundred, 
 nor more than five hundred dollars, and if a natural person 
 shall be imprisoned not less than ten, nor more than tliirty 
 days, in the discretion of the court ; and in the case of any 
 conviction or convictions under this section subsequent to the 
 second, such person or persons, body politic or corporate, shall 
 be fined on each occasion a sum at least double that imposed 
 upon him, her or them, or it, on the last preceding conviction, 
 and if a natural person shall be imprisoned not less than thirty 
 nor more than sixty days, in the discretion of the court; all 
 fines to be imposed under this section shall be paid to the State. 
 
 * The limitation of one month to prosecutions for Sabbath-breaking, as 
 provided by sec. 11 of Art. 57 of the P. G. L., does not apply to the offence of 
 selling liquor or lager beer on Sunday, made punishable by above section ; 
 such oflFence not being Sabbath-breaking within the meaning of above section. 
 The ofiFence of selling lager beer on Sunday comes under the limitation of 
 one year, as provided by sec. 10 of said Art. 57. State y. Popp, 45 Md. 432. 
 
Sabbath. 841 
 
 Article XLII. — Ordinances. 
 
 ORDINANCES. 
 
 1. It shall not be lawful for any person or persons to drive no. 33,8.39, 
 
 11 /.I 11 1 1 1 R. 0.; No. 90, 
 
 any cattle, droves 01 horses, males, sheep or hogs through any sept. sb.'eo. 
 of the streets, lanes or alleys of the city, within the limits of Penalty for 
 direct taxation, on the Sabbath day, under a penalty of five &c. through the 
 
 .'ill streets on the 
 
 dollars per head for each and every oiience ; provided, that sabbath. 
 nothing herein contained shall apply to horses and mules Provisos, 
 brought to the city on the Sabbath day, being taken to the 
 nearest stables ; and provided further, that it shall be lawful Exceptions, 
 for all persons bringing live stock to the city by railroad ta 
 have the same conveyed to the cattle pens on the Sabbath day. 
 
 2. Every person who shall within the city, on the Sabbath no 33,8.53, 
 
 day, sell or offer to sell at any wharf or on board any boat, or Penalty for sell- 
 ing fruit, liquor, 
 
 in any market house, or carry through the streets for sale, any *c. on the sab- 
 watermelons or other fruit, cakes, ice cream or other confec- 
 tionery, or any kind of liquor or other article, shall for such 
 offence pay a fine of five dollars. 
 
 3. Every person who shall fish, hunt, pitch quoits or money, ibid, ■. 64. 
 fly a kite, play bandy or ball, or any other game or sport on the Penalty for 
 Sabbath day within the limits of the city, shall lor each offence l^^^'atV" "** 
 pay a fine of one dollar ; and every ordinary or public garden 
 
 keeper who shall suffer or allow in or upon his premises any 
 kind of gaming or sport on the Sabbath day, shall, for every 
 individual so permitted to offend, pay ten dollars. 
 
 4. It shall not be lawful for any band or number of musi- ibid, 8.59. 
 cians, exceptinar military companies when called out by the Bands of music 
 
 ^ r- o J r •' not to parade on 
 
 State or municipal authorities, to parade in any of the streets, thesabbath. 
 lanes or alleys of the city on the Sabbath day, with instrumen- 
 tal music, under a penalty of twenty dollars for each mem- Penalty, 
 ber of said band so parading for each and every offence.* 
 
 * See further as to observance of the Sabbath, pp. 136, 366, 419, 629, 643, 
 733, 733, 763, ante. 
 
842 
 
 Schools. 
 
 Article XLIII. 
 
 AUTTCLE XLIII. 
 
 SCHOOLS. 
 
 STATUTES 
 
 1. Mayor and Council to establish 
 
 schools : powers. 
 
 2. Powers of commissioners of pub- 
 
 lic schools : proviso : report to 
 State Board of Education. 
 
 3. Ordinances of Mayor and Council 
 
 4. Taxes. 
 
 5. State treasurer to pay school 
 
 fund to city. 
 
 orphans' court. 
 
 6. Estates undistributed for want of 
 
 representatives to go to schools: 
 Orphans' Court to order pay- 
 ment to public school commis- 
 sioners. 
 
 7. Court to give notice before so 
 
 ordering. 
 
 8. Release to be given to adminis- 
 
 trator. 
 
 9. What obligation, release to con- 
 
 tain : to be recorded. 
 
 10. If representatives appear, money 
 
 to be refunded. 
 
 11. Rights of Charitable Marine So- 
 
 ciety saved. 
 
 JOHNS HOPKINS UNIVERSITY. 
 
 12. Branches of University in Balti- 
 
 more : property: office.. 
 
 13. Degrees : certificates. 
 
 ORDINANCES . 
 
 COMMISSIONERS OF PUBLIC SCHOOLS. 
 
 1. How appointed : proviso. 
 
 2. Terms of office of the several 
 
 commissioners : president and 
 secretary. 
 
 3. Election of commissioners by 
 
 Council. 
 
 4. Expelling members of board. 
 
 5. President : secretary : salary of 
 
 secretary : quorum. 
 
 6. Vacancies. 
 
 7. Superintendent of public instruc- 
 
 tion: his duties: report. 
 
 8. Assistant superintendent of pub- 
 
 lic schools : term of office 
 
 9. Duties. 
 
 10. Examination of applicants for 
 positions as teachers : superin- 
 tendent's duty as to teachers. 
 Salary of Superintendent: re- 
 port to council. 
 
 12. Salary of assistant superintend- 
 
 ent. 
 
 13. Duty of City Register. 
 
 11 
 
Schools. 
 
 843 
 
 Article XLIII.— Statutes. 
 
 14. Powers and duties of commis- 
 
 sioners : teachers, books, «&c. : 
 by-laws and regulations : pro- 
 viso : report to council. 
 
 15. Board to have charge of public 
 
 school buildings : repairs : pro- 
 viso. 
 IC. Rent of public school halls : pro- 
 viso. 
 
 17. Ilcvcnue of halls to be paid to 
 
 Register. 
 
 18. Members of board not to be in- 
 
 terested in contracts, &c. 
 
 19. Salaries : Register. 
 
 20. No charge for tuition : books 
 
 and stationery : provisos. 
 
 31. Parents, &c., to be citizens of 
 
 Baltimore. 
 
 32. Children of non-residents : 
 
 charges : how paid. 
 
 23. Books, how admitted and discon- 
 tinued. 
 
 34. Bequests, &c., regulated. 
 
 25. Register's duty with regard to 
 public school fund. 
 
 36. Assessments for paving, &c.: how 
 
 paid. 
 
 37. Annual appropriations not to be 
 
 exceeded. 
 
 28. 
 
 Certificates, when to be con- 
 ferred. 
 
 To be paid out of school fund : 
 proviso. 
 
 Certificates in female high 
 schools. 
 
 Certificates, wlien Ui be given to 
 certain pupils. 
 
 FLOATING SCHOOL. 
 
 32. To be organized. 
 
 33. How controlled. 
 
 34. Studies: agreement with board 
 
 of trade as to ship, apparatus, 
 &c. 
 85. How to be designated. 
 
 36. Permission to board of trade to 
 
 select two commissioners. 
 
 37. City's rights to discontinue. 
 
 SCHOOLS FOR COLORED CHILDREN. 
 
 38. Organized. 
 
 39. Rules and regul ations . 
 Taxes paid by colored persons. 
 
 LIIJKARIES. 
 
 Established. 
 Selection of books. 
 
 29 
 
 30. 
 
 31 
 
 40 
 
 PEAKODY PRIZES. 
 
 43. Commissioners autliorized to re- 
 ceive : to distribute same. 
 
 STATUTES. 
 
 1. The Mayor and City Council of the City of Baltimore i872, c. sr?. 
 
 ' . ■ , . suh-c. xvi, 8. 1. 
 
 shall have full power and authority to establish in said city a Mayor and 
 
 1T11 1 11' 1 J Council to es- 
 
 system of free public schools, under such ordinances, rules and tabUsh schools, 
 regulations as they may deem fit and proper to enact and pre- 
 scribe ; they may delegate supervisory powers and control to a powers. 
 Board of School Commissioners ; may prescribe rules for build- 
 ing school houses, and locating, establishing and closing 
 schools, and may in general do every act that may be neces- 
 sary or proper in the premises. 
 
 r 
 
844 Schools. 
 
 Article XLIII.— Statutes. 
 
 Ibid, 8. 2. 2. The Board of Commissioners of Public Schools of Bal- 
 
 Powers of Com- timore City, or by whatever name the body may be known 
 
 missioners of 
 
 Public Schools, that has supervisory powers and control over the public schools 
 of Baltimore city, shall have power to examine, appoint and 
 remove teachers, prescribe the qualifications, fix the salaries 
 subject to the approval of the Mayor and City Council, and 
 
 Proviso. select text-books for the schools of said city ; provided, such 
 
 text- books shall contain nothing of a sectarian or partisan 
 character. The Board of Commissioners of Public Schools of 
 
 Report to state Said city sball annually make a report to the State Board of 
 
 tion. Education of the condition of the schools under their charge, 
 
 I to include a statement of expenditures, the number of children 
 
 taught, and such other statistical information as may be neces- 
 sary to exhibit the operation of the schools. 
 
 Ibid, s. 3. 3. The Mayor and City Council of Baltimore shall have 
 
 Ordinances by powcr and authority to make all ordinances for the protection 
 
 Mayor and 
 
 Council. of the school houses and property, and to punish any person 
 
 who may disturb the sessions of said public schools. 
 
 Ibid, 8. 4. 4. And the said Mayor and City Council are hereby au- 
 
 Taxes. thorizcd and empowered to levy and collect upon the assessable 
 
 property in said city, as other taxes are levied and collected, 
 such amount of taxes as may be necessary to defray all the 
 expenses incurred for educational purposes by said Mayor and 
 City Council. 
 1872, c. 377, 5. The Treasurer, on the warrant of the Comptroller, shall 
 
 sub-c. xix, 8. 2. 
 
 State Treasurer pay to the Mayor and City Council the proportion of the 
 
 to pay school 
 
 fund to city. free school fund to which said city is entitled.* 
 
 Note.— The Act of 1865, c. 160, (repealed by Act of 1868, c. 407, which 
 was repealed by 1870, c. 311, which was repealed by the afore cited Act of 
 1872, c. 377,) relating to public schools, and the State Constitution of 1864 
 construed, so far as the city of Baltimore was concerned, in Sclwol Commis- 
 sioners, Baltimore City v. State Board of Education, 26 Md., 505. The Act of 
 1874, c. 463, amends the Act of 1872, c. 377, in matters not especially affect- 
 ing the city of Baltimore. 
 
 * The Act of 1878, c. 91, prescribes and defines the duties of the Comp- 
 troller of the Treasury, relative to the apportionment and distribution of the 
 
Schools. 845 
 
 Article XLIII.— Statutes. 
 
 ORPHANS' COURT. 
 
 6. The Orphans' Court of said city shall order and direct p- l. l., art. 4, 
 
 ' _ •' sec. 8-.J9. 
 
 the funds arising from intestales' estates that may be admin- Kstates undis- 
 tributed for 
 istered upon in said court, and which remain undistributed *»"'°*^ "■•'i""«- 
 
 • sentatives to go 
 
 for want of lesjal representatives of the intestates to claim the '»»<=''"''•' 
 
 ' Orphans' Court 
 
 same, to be paid to the Board of Com iriissi oners of Public ^° "'f" t,^l\, 
 
 ' r menl to Hunlic 
 
 Qnlirtrkla * School Commis- 
 
 OCUOOI8. gioners. 
 
 7. The court shall not make such order until they shall be iwd, sec sao. 
 satisfied that the intestate left no legal representatives living court to give 
 
 1 . /• 1 • 111 notice bei'ure so 
 
 at the time of his or her death, and they shall cause the ad- ordering 
 
 revenue derived from the annual tax levied for the support of Free Public 
 Scliools, and confirms the apportionments and distributions thereof hereto- 
 fore made by that officer. 
 
 By Act of 1878, c. 138, the regents of the University of Maryland were 
 authorized to sell, &c., property on Mulberry street, belonging to the Uni- 
 versity, and apply the proceeds to the purix)3es of the University. 
 
 ♦Public General Laws, Art. 93, sees. 136, [amended by 1876, c. 295,] and 
 137, [amended by 1878, c. 316,] are as follows : 
 
 If there be no widow or relations of the intestate within the fifth degree, 
 which shall be reckoned by counting down from the common ancestor tfj 
 the more remote, the whole surplus shall belong to the State, and shall be 
 paid to the Board of County School Commissioners of the county wherein 
 letters of administration shall be granted upon the estate of the deceased, for 
 the use of the public schools of said county. 
 
 If any legal representative shall appear, after payment has been made, 
 under the preceding section, the Board of County School Commissioners re- 
 ceiving such payment, shall pay the same to such representative, but no 
 collateral more remote than brothers' and sisters' children shall claim under 
 this section. 
 
 The mode of ascertaining the degree of kindred between two individuals, 
 since the Act of 1798, c. 101, is to reckon by counting down from the com- 
 mon ancestor to the more remote of the two, and there is not a different 
 mode of computing relationship, where the schools are to have the surplus, 
 from that prescribed, where it is to be distributed among the kindred of the 
 deceased. C. H. School v. Grmiwell, 4 G. & J. 407. See TJmnas, adm'r v. 
 Fred. Co. Scliool, 7. G. & J. 369. The dying without relations within the 
 fifth degree may be established by circumstantial or presumptive evidence. 
 Tliomas, adm'r. v. Fred. Co. Scliool, 7 G. & J. 369. 
 
846 Schools. 
 
 Article XLIII. — Statutes. 
 
 ministrator of such intestates to give notice, by advertisement 
 to be inserted for such periods of time and in newspapers pub- 
 lished in such places as they may deem necessary, that upon 
 default of the appearance of any legal representative of the 
 intestate, by a certain day to be fixed by the court, and named 
 iu said advertisement, the estate of said intestate will be paid 
 to the Commissioners of Public Schools. 
 Ibid, sec, 831. 8. They shall, upon passing an order directing such pay- 
 Reieasetebe mcut, rcQuire from the treasurer of the Board of Commis- 
 
 given to admin- 
 istrator, sioners of Public Schools, or any other officer who may be 
 
 appointed by the said Board of Commissioners, or the Mayor 
 
 and City Council of said city, to receive such funds, a receipt 
 
 and release to the administrator for the same. 
 
 Ibid, .sec. 83J. 9. The release shall contain an obligation that the said 
 whatobiiga- funds shall, by the Board of Commissioners of Public Schools, 
 contain; to be bc applied to tlic usc and support of the public schools of the 
 
 recorded. ^"^ ^'^ ^ . -j 
 
 city of Baltimore, and shall be recorded and preserved in said 
 
 court as other records are. 
 Ibid, sec. 833. 10. If the cstatc of an intestate shall be paid to the Board 
 If representa- of Comiiiissioners of Public Schools under this law, and any 
 
 tives appear, 
 
 money to be legal representatives of the intestate of no remoter degrees 
 among collaterals than brothers' or sisters' children shall at 
 any time appear and prove him, her or themselves to be 
 such legal representatives, the Board of Commissioners of 
 Public Schools 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 representative or representatives out of the school fund 
 under their direction. 
 
 Ibid, sec. 834. 11. Nothing Contained in this law shall be construed to in- 
 Rights of chari- tcrferc with or aifect the rights vested in the Charitable Ma- 
 
 table Marine . ci • /» t-» u. 
 
 Society. rinc Socicty of Baltimore.* 
 
 See sec. 47, p. 208, ante. 
 
Schools. 847 
 
 Article XLIII. — Ordinances. 
 
 JOHNS HOPKINS UNIVERSITY. 
 
 12. The Johns Hopkins University, a corporation duly in- isre, c. 84 
 corporated by certificate, recorded in the oflSce of the Clerk of Branches of 
 
 •' University in 
 
 the Circuit Court for Baltimore County, shall have power to B^'i'm'^e- 
 establish branches of the said university in the city of Balti- 
 more, to hold, or to purchase and hold, all property in said Property, 
 city, needed for the successful conducting of the brandies of 
 the said university in said city, and to keep and maintain a 
 principal ofiice in said city for the conduct of the business of o^ce. 
 the said university. 
 
 13. The said The Johns Hopkins University shall have iwd.s. a. 
 power to admit students of the said university, who shall Degrees, 
 merit the distinction to the office and profession of surgeon, or 
 
 to the degree of doctor of medicine, or of doctor of laws, or 
 of bachelor, or master of arts; to grant to students in such 
 university, such certificates of proficiency and attainments in certificates, 
 any special study, as the said university may see proper to con- 
 fer ; and to grant the honorary degrees of doctor of laws, doc- 
 tor of medicine, and master of arts, or such other degrees 
 as may be proper, to any person who may merit such distiuc- 
 tion, whether such person be a student of such university or 
 not. 
 
 ORDINANCES. 
 COMMISSIONERS OF PUBLIC SCHOOLS. 
 1. There shall be appointed by the two branches of the no. 74, ,. i, 
 
 r\' r\ ^^ • • June 20, 65. 
 
 Uity L«ouncil, in convention assembled, at the times and in the How aptointed. 
 manner prescribed in sections 2 and 3 hereof, twenty persons, 
 to be called Commissionei-sof Public Schools, one commissioner 
 to be selected from each of the several wards of the city ; and 
 said commissioners shall continue in office for the terms as 
 prescribed in sections 2 and 3 hereof, provided that if any com- Proviso, 
 missioner shall remove from the ward from which he was 
 
848 Schools. 
 
 Article XLIII. — Ordinances. 
 
 appointed before the expiration of his term of office, then his 
 place in the board shall be declared vacant, and the board may 
 declare vacant the place of any commissioner who shall absent 
 himself from three successive stated meetings of the board, 
 without showing satisfactory cause for his non-attendance, after 
 having been duly notified of the same. 
 
 No. 164,3.1, 2. The Commissioners of Public Schools, who shall be ap- 
 
 Oct. 30, '70. ^ ^ "^ 
 
 Terms of office poiutcd in the mouth of February, 1877, shall be appointed 
 
 of the several 
 
 Commissioners, for ouc, two, thrco aud four years, which several terms of ser- 
 vice shall be determined by lot at their first meeting and im- 
 
 President and mediately after their organization by the election of a President 
 and Secretary as provided by sec. 5 hereof; the members 
 severally appointed for the First, Second, Third and Fourth 
 wards shall draw lots for their terms of service, which terms 
 shall be one, two, three and four years respectively, as fixed 
 by the lot then drawn ; and the several members for each 
 succeeding four wards, the wards being taken in numerical 
 order, shall determine their terms of service in the same man- 
 ner as aforesaid. 
 
 Ibid, s. 2. 3. In the month of February in each succeeding year, the 
 
 Election of First and Second Branches of the City Council in convention 
 
 Commissioners •' 
 
 by Council. assembled, shall elect School Commissioners in place of those 
 only whose term of office shall at that time expire, and the 
 commissioners elected, as prescribed by this section, shall con- 
 tinue in office for four years. 
 
 Ibid, 8. 3. 4. The First and Second Branches of the City Council, in 
 
 Expelling mem- couventiou assembled, shall have power to expel a member of 
 
 ber of Scliool ^ '^ 
 
 Board. the Board of Commissioners of Public Schools, either for per- 
 
 sistent neglect of duty or for conduct unbecoming a School Com- 
 missioner. Should any vacancy occur in the board by removal, 
 resignation, death or otherwise, the unexpired term shall be 
 filled in the same manner as provided by the preceding sections 
 hereof. 
 
Schools. 849 
 
 Article XLIII. — Ordinances. 
 
 5. Said commissioners shall meet within ten days after No. 44,9.2, June 
 
 •' 20, 'B6. 
 
 their election, and at their first meeting they shall proceed to Presiueat. 
 
 the election of president from their own board, to be chosen by 
 
 a majority of the whole body ; also, a person to act as secre- secreury. 
 
 tary, who shall serve for one year, unless sooner removed by 
 
 the board, and who shall have charge of the rooms, books, 
 
 papers and documents of the board, and shall perform such 
 
 clerical duties as may be required of him by its members or 
 
 committees; the board shall assign the duties to be performed 
 
 by him, and shall fix his salary, subject to the approval of the saUry of secre- 
 
 two branches of the City Council. If a vacancy should occur 
 
 in tlie ofiice of secretary, from any cause whatever, it shall be 
 
 the duty of the board to elect a person to fill said vacancy as 
 
 soon as it can conveniently be done ; and in all cases a ma- Quorum. 
 
 jority of the commissioners shall constitute a quorum for the 
 
 transaction of business. 
 
 6. Whenever a vacancy or vacancies shall occur in theibid, «. s. 
 Board of Commissioners of Public Schools during the session Vacancies, 
 of the City Council, it shall be the duty of the president of 
 
 the board to inform the Mayor of such vacancy or vacancies, 
 who shall communicate the same to the first and second 
 branches of the City Council, who shall proceed in convention, 
 according to their respective rales, to fill said vacancy or va- 
 cancies. If a vacancy or vacancies shall occur during the 
 recess of the City Council, by death, resignation or otherwise, 
 it shall be the duty of the board to fill the same as soon as may 
 be convenient; the person or persons so elected to serve until 
 the next session of the City Council. 
 
 7. There shall be appointed by the board a suitable person ibid, s, 4. 
 
 to be the Superintendent of Public Instruction for the City of superinten<ient 
 Baltimore, who shall be a resident of the city of Baltimore, of strucuon. 
 literary and scientific acquirements, and of skill and experi- 
 ence in the art of teaching, and who shall serve for the term 
 of four years, unless sooner removed by the board. It shall 
 
850 Schools. 
 
 Article XLIII. — Ordinances. 
 
 ms duties. be the duty of the superintendent to devote his time and at- 
 tention entirely to the general supervision of the public schools 
 of the city, subject to such rules and regulations as the Board 
 of School Commissioners may establish. It shall especially be 
 the duty of the superintendent to visit every school under the 
 charge of the Board of Commissioners of Public Schools as often 
 as once in each quarterly session, or four times during the 
 academic year; to examine into its respective studies, and to 
 inquire into all matters relating to the government of the 
 schools, such as its curriculum of studies, discipline and course 
 of instruction pursued therein, the text books that are used, 
 
 Report. the condition of the school houses, and to make a monthly re- 
 
 port of the matters thus specified to the Board of Commis- 
 sioners of Public Schools. 
 
 No. 50, April 8. There shall be appointed by the said board a suitable per- 
 As'sistant Super. SOU to be the assistaut Superintendent of public schools, who shall 
 Public Schools, be a resident of the city of Baltimore, of skill and experience 
 Term of office, in the art of teaching, and whose term of office shall be con- 
 current with that of the superintendent. 
 
 Ibid, s. 2. 9. It shall be the duty of such assistant superintendent of 
 
 Duties. the public schools to aid the superintendent in the supervision 
 
 of the public schools of the city ; he shall visit the primary 
 schools as often as his duties will permit, and make a report of 
 such visits to the superintendent ; he shall assist in the exami- 
 nation of the quarterly reports of teachers in the preparation 
 of the questions for the semi-annual examination of the classes 
 of the primary and grammar schools, and be subject to such 
 rules and regulations as the Board of Commissioners of Public 
 Schools may establish. 
 
 No. 74,8. 6, June 10. In Order to advance the interests of the schools com- 
 
 ao, '66. 
 
 Examination of mittcd to his charge, the superintendent, in conjunction with a 
 
 applicants for /. i i ii 'iin- 
 
 positions as committee of three members ot the school board, shall, m the 
 
 teachers. 
 
 forms prescribed by the board, examine into and ascertain the 
 
SOHOOLB. 851 
 
 Article XTjTTT. — Ordinances. 
 
 qualifications of applicants for the situation of teachers, and 
 re-examine, if necessary, any of the teachers employed in 
 the schools under the charge of the board ; and, in order 
 further to promote the cause of sound education, and to ele- 
 vate the character and qualifications of the teachers, the 
 superiutendfiut shall, by all the means in his power, counsel superintend- 
 
 11. .11 1 . 1 . 1 • J . 1 ent's duty as to 
 
 and advise with the teachers in relation to their duties, the teachers, 
 proper classification of studies, the best methods of imparting 
 instruction, and, in general, as to the proper discipline and man- 
 agement of the schools under their charge. 
 
 11. The salary of the superintendent shall be fixed by theiwd, ». 6. 
 Board of Commissioners of Public Schools, subject to the ap- saUryof su- 
 
 perintendent. 
 
 proval of the two branches of the City Council ; and he shall 
 
 make annually a report in writing to the Mayor and City Report to eoun- 
 
 cil* 
 
 Council of all matters of interest or importance in connection 
 with the schools ; and shall also, when requested, furnish to 
 the Board of Commissioners of Public Schools of the city a 
 written statement, showing the number of schools in the city, the 
 number of pupils under instruction, and the teachers employed 
 therein, with such additional information in respect to the mat- 
 ters above specified as may be deemed advisable and necessary. 
 
 12. The salary of the assistant superintendent shall bcNo. so, Apru 
 fixed by the Board of Commissioners of Public Schools, subject salary. 
 
 to the approval of the Mayor and City Council. 
 
 13. The Register is authorized to receive, through the no. 74, s. 7, 
 
 June 20, »66. 
 
 secretary of the board, all moneys from the teachers, and all Duty of city 
 other funds due the school board, and pay out of the funds 
 standing in the treasury of the city to the credit of the public 
 schools, any orders that are provided for in the levy for school 
 purposes, after having been examined by the committee on 
 accounts and passed by the board, signed by the president and 
 countersigned by the secretary of the Board of Commissioners 
 of Public Schools. 
 
852 Schools. 
 
 Article XLIII. — Ordinances. 
 
 Ibid, s. 8. 14, The said Board of Commissioners of Public Schools 
 
 Powers and shall have charge of the public schools in operation in the city 
 
 duties of com- o i 
 
 missioners. of Baltimore, and of all such as may be in operation during 
 their continuance in office ; and it shall be their duty to era- 
 Teachers, ploy teachers and determine their salaries ; to prescribe the 
 Books, &c. courses of study and the books to be used ; to make all such 
 By-laws and bv-laws for their own government, and all such rules and 
 
 regulations. *^ 
 
 regulations for the management of the schools as they may 
 deem expedient, and to modify and repeal the same at their 
 
 Proviso. pleasure; provided, that such by-laws, rules and regulations, 
 
 so made or modified, be not inconsistent with the laws of the 
 State, or the ordinances of the city. And it shall further be 
 the duty of said board, at such time as other city officers are 
 
 Report to coun- required to report, to report to the Mayor and City Council 
 a statement of its transactions, with an account of their re- 
 ceipts and expenditures during the year last past, and their 
 resources for the year then commenced. 
 
 Ibid, 8. 9. 15. The Commissioners of Public Schools shall have charge 
 
 Board to have of all the buildiugs* used for school purposes, and they are 
 lie sciiooi build- hereby authorized to make all necessary repairs in the school 
 
 ings. 
 
 Repairs. houscs of the city ; provided, the same shall not exceed the 
 
 sum of three hundred dollars. 
 
 No. 78,s. 1, 16. The said board is authorized and directed to rent out, 
 
 Nov. 5, '69. ^ , . . , /.I . 1 
 
 Rent of public cxccpt for political purposcs, for such compensation as to them 
 
 school hEills •-* 
 
 may seem just and reasonable, the main halls in the Eastern 
 
 and Western Female High School buildings, for public purposes, 
 
 at such times and under such regulations as to them may appear 
 
 Proviso. right and proper ; provided, the same shall not be rented 
 
 * Resolutions No. 384, July 8, 1873, No. 425, October 29, 1873, and No. 
 445, November 3, 1873, relate to the erection of the Baltimore Citj'^ College 
 on Howard street, and the sale of the City College property on the corner of 
 HoUiday and Fayette streets. The Act of 1874, c. 469, provided for the pur- 
 chase of suitable grounds, and for the erection thereon of suitable buildings 
 for the State Normal School. 
 
Schools. 853 
 
 Article XLIII. — Ordinances. 
 
 SO as to interfere with or interrupt the regular exercises of the 
 schools, 
 
 17. The revenue derived therefrom, as provided in the pre- iwds. 2. 
 ceding: section, shall be accounted for by the said board and Revenue to be 
 
 ° ' / _ paid to Register. 
 
 paid over by them to the Register, who is directed to place the 
 same to the credit of the public school fund. 
 
 18. The said board shall not employ in building, repairing No. 74, 9. 10, 
 or improving, or in furnishing stationery or any other kind of Members or 
 
 f^ ^' ^ ,1, 1 Board not to be 
 
 supplies, any member of said board : nor shall any member of interested in 
 
 rr T J J J contracts, ic. 
 
 said board be interested, directly or indirectly, in any contract 
 whatever for the use of the public schools. 
 
 19. The salaries of the superintendent, assistant superin- iwds. ii, No. 
 
 ' '51, Apl. 16, 'ij'j. 
 
 tendent and secretary of the board, and of the teachers and salaries, 
 all other persons permanently employed by the Commissioners 
 of Public Schools, shall be paid monthly, on the last day of 
 each month, by the City Register; and he is hereby authorized, Regiiter. 
 in case of any deficiency in the collection of the school fund, 
 or in anticipation of the levy for the same, to advance, from 
 time to time, to said fund, such sums as shall be required for 
 the payment of said salaries at the time when they shall be due. 
 
 20. There shall be no charge for tnition in any of the pub- no. 74, 9. 12, 
 
 !• Ill -iiii 11 ,•! •• June UO, 'f)6. 
 
 lie schools, but it sliall be the duty or the commissioners to no charge for 
 
 furnish all the necessary books and stationery for the several 
 
 schools, and in general whatever fuel or other supplies the Books and sta- 
 tionery, 
 schools may require — the same to be paid for from the public 
 
 school fund ; and each pupil shall pay, in advance, one dollar 
 
 per quarter for the books used by them, which shall go to the 
 
 school fund ; provided, that nothing in this section .shall be so Provisos. 
 
 construed as to prevent the board from furnishing the use of 
 
 books to the children of parents in indigent circumstances ; 
 
 provided, further, that pupils may furnish their own books, if 
 
 they so prefer. 
 
854 Schools. 
 
 Article XLIII. — Ordinances. 
 
 No. 40, s. 11, R. 21 . The public schools of Baltimore are designed exclusively 
 Parents are to for the cducation of thosc pupils whose parents, or in the case 
 
 be citizens of 
 
 Baltimore. of orphaus, whosc guardiaus are citizens of Baltimore, or re- 
 sidents of Baltimore with a hona fide intention to become 
 citizens.* 
 
 No. 53, June 9, 22. The Board of Commissioners of Public Schools are here- 
 Children of non- bv directed, bcforc admitting the children of non-resident pa- 
 
 residents. <> i • /> -r> i • 
 
 rents or guardians into the public schools of the city of Balti- 
 more, to charge such parents or guardians the following 
 
 Charge?. amouuts, to wit I For admission to the Baltimore City College, 
 
 per capita, twelve dollars and fifty cents per quarter ; for admis- 
 sion to the female high schools, per capita, eight dollars per 
 quarter ; for admission to grammar schools, per capita, four dol- 
 lars per quarter ; for admission to primary schools, per capita. 
 
 How paid. three dollars per quarter ; the said amount to be paid invariably 
 in advance, and to be paid by the School Commissioners to the 
 Register of the City for account of the school fund. 
 
 No.4o,s. 12, R. 23. The Commissioners of Public Schools shall not admit 
 
 o. 
 
 Books, how ad- any book or books into use in the public schools, or discontinue 
 
 mitted and dis- i i • j 
 
 continued. the usc of the samc after having been admitted, unless said 
 admission or discontinuance be approved by a vote of a ma- 
 jority of the entire board in session assembled at a regular 
 meeting of said board. 
 
 Ibid, s. 14. 24. The said Commissioners of Public Schools are hereby 
 
 Bequests, &c, authorizcd to rcccive all devises, bequests and donations which 
 may be made for the benefit of said public schools, and all 
 devises, bequests and donations received by said commissioners, 
 by virtue either of this section or of any act or acts of the 
 General Assembly of Maryland, shall be paid over by them 
 to the Register of the City, who shall place the same to the 
 Conditions. Credit of the school fund ; and if any condition or conditions 
 
 *By Resolution No. 50, March 2, 1874, the commissioners are required to 
 enforce this section. 
 
SCHOOLB. 855 
 
 Article XLIII. — Ordinances. 
 
 be prescribed in any such devise, bequest or donation, the same 
 shall be applied under the direction of said commissioners, 
 with the sanction of the Mayor and City Council, agreeably 
 to the intention of the testator or donor ; and if no condition 
 be prescribed in any such devise, bequest or donation, it shall 
 not be lawful for said commissioners to draw all or any part of 
 the amount thereof out of the city treasury during the year 
 in which it was received, unless the collections from the re. 
 sources and levy of the school fund for said year should fall 
 short of the estimated expenditures forming the basis of said 
 levy ; or unless it shall have been already allowed in the esti- 
 mated resources of the fund for said year, otherwise the same 
 shall be included in the estimate of the ensuing year. 
 
 25. The Register of the City shall demand and receive, iwd, •. is. 
 from time to time, from the Treasurer of Maryland, from the Rpgister'. duty 
 Orphans' Court of Baltimore City, from the Commissioners of the pub!" 
 Finance, and from the Collector of the City, all such sum or 
 
 sums of money as may be in their hands for the support and 
 benefit of the public schools of the city, and he shall place the 
 same to the credit of the public school fund. 
 
 26. All assessments for paving or repaving in front of any iwd, s. le. 
 of the public schools, or lots of ground attached thereto, and Assessments 
 also all assessments of benefits for opening or widening any ii*ow pVid!' "'' 
 street or streets, so far as the public schools may be interested, 
 
 shall be paid by the Register out of any unappropriated money 
 in the treasury. 
 
 27. It shall not be lawful for said Board of Commissioners ibid, s. is. 
 of Public Schools to exceed in their expenditures the amount Annual appro- 
 annually appropriated therefor by the City Council ; and it Se'exceldedV 
 shall be their duty to apply the same exclusively to the several 
 purposes, and as far as practicable, in the proportion specified 
 
 in the statement of estimated expenses, on which said City 
 Council shall have based the school fund levy for the year. 
 
856 Schools. 
 
 Article XLIII. — Ordinances. 
 
 Ibid, s. 19, 28. The Male Public High School of Baltimore shall be 
 
 certiBcates, stvlod the Baltimore City College :* and whenever any of the 
 
 when to be ton- '' ^ J n i ^ J 
 
 lerred. pupils of Said scliool shall have satisfactorily completed the 
 prescribed term and course of instruction, the Commissioners 
 of Public Schools shall have power to confer on them testi- 
 monials, in form as follows, viz : This certificate is given to 
 , a pupil of the Baltimore City College, in testi- 
 mony that he has pursued and satisfactorily completed the 
 
 studies of the course of years; and said testimonials 
 
 shall be signed by the president of the board, by the Mayor of 
 the City, with the seal of the city attached, by the committee 
 on the Baltimore City College, and by the principal, vice prin- 
 cipal and professors of said college. 
 
 Ibid, 8. 20. 29. Said Commissioners of Public Schools are authorized 
 
 To be paid for to causc Said testimonials to be engraved on copper, or litho- 
 fund. graphed, with a suitable vignette, the expenses necessarily 
 
 connected with the preparation of said testimonials to be paid 
 Proviso. from the school fund ; provided, that no commissioner or 
 
 teacher shall ever charge or receive any fee or compensation 
 
 for so signing said testimonials. 
 
 Ibid, s. ai. 30. Said Commissioners of Public Schools shall have power 
 
 Certificates In to coufer testimonials on pupils of the Eastern and Western 
 schooi^s. '^ Female High Schools, in conformity with the requisitions and 
 provisions of the preceding two sections. 
 
 Ibid, s. 23. 31. Whenever any pupil shall leave any of the high schools 
 
 Certificates, without having completed the prescribed term and course of in- 
 
 when to be giv- . , ,, , ,, .. in 
 
 en to certain structiou, then, and m such cases, said commissioners shall 
 
 pupils. 
 
 have power to confer such testimonials on said pupils as said 
 commissioners may deem to be proper and appropriate to the 
 occasion. 
 
 * By Ord. No. 84, Oct. 9, '66, the name of the Male Central High School 
 was changed to that of Baltimore City College. 
 
Schools. 857 
 
 Article XLIII. — Ordinances. 
 
 FLOATING SCHOOL. 
 
 32. The Commissioners of Public Sciiools are hereby an- iwa, s.aa. 
 thorized and empowered, whenever in their jndo;ment they Tobeorgan- 
 shall deem it expedient, to organize and put in operation a public 
 
 school of such grade as to the said commissioners may seem 
 advisable, on board of any ship or other vessel that may for 
 the time being be used by the Board of Trade of Baltimore as 
 a nautical school. 
 
 33. The school so organized and put in operation shall be iwd.s. 24. 
 subject (so far as they are applicable) to all the rules and re- How contmUed. 
 gulations governing the other public schools of Baltimore ; 
 
 and the Commissioners of Public Schools shall have full power 
 and authority, from time to time, to adopt and enforce in and 
 about and concerning the said school, all necessary and proper 
 regulations calculated to insure the literary education of the 
 pupils. 
 
 3-t. All that part of the studies of the aforesaid school to iwd, s. 25. 
 which the preceding two sections shall be deemed to apply, studies. 
 and with which the Commissioners of Public Schools shall 
 have any connection, shall be the literary branches, such as 
 shall be taught in the public schools of the city; and the basis 
 of the relations of the Commissioners of Public Schools to the 
 said school shall be taken to be defined by the following 
 memorandum, made between a committee of the Board of 
 Trade and the Board of Commissioners of Public Schools : — 
 " It was agreed, that in the establishment of the proposed school, Agreement with 
 
 ^ ' r r ' BoATd of Trade 
 
 the School Commissioners should furnish teachers, and the same as to ship, appa- 
 
 ' ratus, &c. 
 
 course of instruction, so far as would be applicable, as are now 
 employed in our schools — with desks, seats and all necessary 
 books and stationery, and should devote themselves to the same 
 care and supervision that they now give to the public schools ; 
 and on the part of the Board of Trade, and the citizens gener- 
 
85S Schools. 
 
 Article XLIII. — Ordinances. 
 
 ally whose assistance it will invoke, it was proposed that the 
 vessel to be used for the purpose of the school should be pro- 
 vided with the person to take charge of the same, and all 
 necessary rigging, tackle, &c. ; also, whatever nautical appara- 
 tus might be required, and adequate teachers to instruct the 
 boys in all that relates to seamanship," 
 
 Ibid, 8. 26. 35. The school herein provided for shall be designated and 
 
 Howtobedesig- known as the Floating Public School of Baltimore, and the 
 Commissioners of Public Schools shall have authority to pre- 
 sent to the deserving pupils of the same, any diploma or other 
 suitable reward of merit that may to the said commissioners 
 appear just and proper. 
 
 Ibid, 8. 27. 36. The Board of Trade, if they deem it necessary, are 
 
 Permission to hereby permitted, annually in the month of February in each 
 to select two and every year, to select from their own body, two persons, to 
 
 commissioners. 
 
 be known as commissioners of the floating school, who shall 
 have authority to participate with the Commissioners of the 
 Public Schools in the management of the nautical department 
 of said floating school. 
 
 Ibid, 8. 28. 37. Nothing herein contained, nor any act of the Board of 
 
 "City's right to Commissioners of Public Schools in the premises, shall be 
 
 taken or construed to divest the Mayor and City Council of 
 
 the right to discontinue the said Floating Public School at 
 
 their option. 
 
 SCHOOLS FOR COLORED CHILDREN. 
 
 No. 36,s. i,May 38. It is hereby. made the duty of the Board of Commis- 
 
 5, '68. , 
 
 Organized. sioucrs of Public Schools of the City of Baltimore to organize 
 separate schools for colored children,* and to establish as many 
 schools for the education of the colored children of Baltimore 
 city as may in the judgment of said board be necessary. 
 
 * Separate schools for the education of colored children were authorized 
 to be established by the Board of School Commissioners, under Ordinance 
 No. 45, July 10, 1867. See Acts of 1872, c. 377, sub-c. XVHI, 1874, c. 463, 
 and 1878, c. 91. 
 
Schools. 859 
 
 Article XLIII. — Ordinances. 
 
 39. The schools to be established in accordance with the iwd, 8.2. 
 provisions of this ordinance shall be subject to such rules and Rules and reg- 
 
 . .... ulations. 
 
 regulations as may be prescribed by the said board in its dis- 
 cretion. 
 
 40. All taxes paid by colored persons in the city of Balti- ibia.s.s. 
 more for educational purposes, shall be placed to the credit of Taxes paid by 
 
 ' ' ' ^ colored persons. 
 
 the schools for colored children in the accounts of the City 
 Register.* 
 
 LIBRARIES. 
 
 41. There shall be established at the Baltimore City Col- No. 40,8. 1, May 
 
 •^ 15, '63. 
 
 lege, and at each of the two Female High Schools, a library for Libraries to be 
 their use, without charge, under such regulations as may be 
 adopted by the Board of Commissioners of Public Schools. 
 
 42. The selection .of the books, which shall be only of an ibid.s. 2. 
 instructive and moral character, shall be made by the said seiectian of 
 
 ' •' books. 
 
 commissioners, or a committee appointed by them for the pur- 
 pose, and no book deemed by them to be injurious to the 
 morals of the pupils, or of a sectarian character, whether ob- 
 tained by purchase or donation, shall be admitted in said 
 libraries; and all books purchased under any future ordinance 
 or resolution of the City Council or otherwise, for this purpose, 
 shall be subject to the restrictions herein contained. 
 
 PEABODY PRIZES. 
 
 43. The Commissioners of Public Schools of the City No. 24, May 2«, 
 
 -r, , . '58; No. 84, 
 
 of Baltimore are hereby authorized to accept and receive oct. 9, '66. 
 the premiums given by the Trustees of the Peabody Insti- commissioners 
 
 " . authoriieri to 
 
 tute to the Baltimore City College and the Female High receive Peabody 
 
 •' " <=> premium*. 
 
 * 1872, c. 377, sub-c. XVIII, s. 4, is as follows: The total amount of taxes 
 paid for school purposes by the colored people of any county, or in the city 
 of Baltimore, together with any donations that may be made lor the purpose, 
 shall be devoted to the maintenance of the schools for colored children. 
 
860 Schools. 
 
 Article XLIII.— Ordinances. 
 
 Schools, as specified in Mr. Peabody's letter to his Trustees ; 
 To distribute and to have the same distributed from time to time in such a 
 
 the same, 
 
 manner as they shall deem most conducive to the benefit of 
 the schools and the objects of the donor.* 
 
 * Mr. Peabody, in his first letter to his trustees, dated Baltimore, Feb . 12, 
 1857, (as set forth in the Act of 1858, c. 209, incorporating the Peabody In- 
 stitute,) says : " I desire that the trustees, in order to encourage and reward 
 merit, should adopt a regulation by which a number of the graduates of the 
 public high schools of the city, not exceeding fifty of each sex in each year, 
 [who shall have obtained by their proficiency in their studies and their good 
 behavior certificates of merit from the commissioners or superintending au- 
 thorities of the schools to which they may be attached,] may, by virtue of 
 said certificates, be entitled as an honorary mark of distinction to free ad- 
 mission to the lectures [at Peabody Institute] for one term or season after 
 obtaining the certificates. I also desire, that for the same purpose of en- 
 couraging merit, the trustees shall make suitable provision for an annual 
 grant of twelve hundred dollars ; of which five hundi;ed shall be distributed 
 every year in money prizes, graduated according, to merit, of sums of not 
 less than fifty dollars nor more than one hundred for each prize, to be given 
 to such graduates of the public male high school now existing or which may 
 hereafter be established, as shall in each year, upon examination and certifi- 
 cate of the school commissioners or other persons having the chief superin- 
 tendence of the same, be adjudged most worthy from their fidelity to their 
 studies, their attainments, their moral deportment, their personal habits of 
 cleanliness, and propriety of manners ; the sum of two hundred dollars to 
 be appropriated to the purchase, in every year, of gold medals of two de- 
 grees, of which ten shall be of the value of ten dollars each, and twenty of 
 the value of five dollars each, to be annually distributed to the most meri- 
 torious of the graduating classes of the public female high schools ; these 
 prizes to be adjudged for the same merit, and under the like regulations, as 
 the prizes to be given to the graduates of the male high school ; the remain- 
 ing five hundred dollars to be in like manner distributed in money prizes, as 
 provided above for the graduates of the male high school in the same 
 amounts respectively, to the yearly graduates in the school of design at- 
 tached to the Mechanics' Institute of this city. To render this annual dis- 
 tribution of prizes effective to the end I have in view, I desire that the 
 trustees shall digest, propose and adopt all such rules and provisions, and 
 procure such correspondent regulations on the part of the public institutions 
 referred to, as they may deem necessary to accomplish the object." 
 
Sewers. 
 
 861 
 
 Article XLIV. 
 
 ARTICLE XLIV. 
 
 SEWERS. 
 
 STATUTES 
 
 1. Mayor, &c., to pave and keep in 
 
 repair. 
 
 2. Penalty for obstructing. 
 
 3. Constructing, enlarging, &c., 
 
 sewers : powers of Mayor and 
 Council. 
 
 4. Benefits assessed : a lien. 
 
 5. Passage of ordinance : notice to 
 
 be given. 
 
 6. Commissioners: notice to be 
 
 given of object of ordinance. 
 
 7. Tax : sinking fund. 
 
 ORDINANCES 
 
 1. Commissioners for Opening 
 
 Streets and City Commission- 
 er, board. 
 
 2. Oath of commissioners. 
 
 3. Oath to be recorded and certified 
 
 to. 
 
 4. Clerk : proceedings to be record- 
 
 ed : City Solicitor : City Sur- 
 veyor : compensation : oath of 
 clerk, &c. 
 
 5. Benefits derived : injuries sus- 
 
 tained : assignment to Register 
 or Collector. 
 
 6. Constructing, opening, &c., sew- 
 
 ers : notice : meeting of com- 
 missioners : damages : award : 
 assessment of ground. 
 
 7. What part of house or lot taken, 
 
 &c. : five per cent, stock : no- 
 tice: public auction: bond of 
 purchaser : when commission- 
 ers to re -sell. 
 
 8. Statement of damages : descrip- 
 
 tion : notice : commissioners to 
 review: to make corrections: 
 Register to notify. 
 9. Right of appeal to Baltimore 
 City Court: aubpetiia du4xs 
 tecum to Itegister : record of 
 proceedings of board : exami- 
 nation of witnesses: jury: de- 
 cisions to be entered on record 
 of proceedings : evidence: 
 costs. 
 
 10. Duty of Collector. 
 
 11. When Collector to sell property: 
 
 12. Under what conditions property 
 
 sold : when Collector to re-sell. 
 
 13. Deed from Collector: purchase 
 
 money. 
 
 14. Assessments, liens: consent in 
 
 writing: damages paid or in- 
 vested. 
 
 15. Persons not claiming title may 
 
 pay amount assessed : certifi- 
 cate. 
 
862 
 
 Sewees. 
 
 Article XLIV.— Statutes. 
 
 16. 
 
 17. 
 
 18. 
 19. 
 20. 
 21. 
 
 When commissioners interested, 
 
 temporary appointment by 
 
 Mayor. 
 Time limited : proviso : report 
 
 to Mayor and Council. 
 When work to be closed. 
 Unexpired term of years in lot. 
 Obstructions : suit for expenses. 
 Per diem to commissioners and 
 
 clerks. 
 
 22. Papers and books to be deposited 
 
 with Register. 
 
 23. Survey of route of sewer. 
 
 24. Advertisement for proposals. 
 
 25. Contractors to give bond. 
 
 26. Penalty for obstructing sewers. 
 
 27. Sewers not to be tapped or open- 
 
 ed: penalty. 
 
 28. Private sewers : permission to 
 
 construct: penalty. 
 
 29. Payment: penalty. 
 
 STATUTES. 
 
 P. L. L., Art. 4, 1. The Mayor and City Council have full power to pave 
 Mayor, &c., to and keep in repair all necessary drains and sewers, to pass all 
 
 have and keep i • <» 
 
 in repair. regulations ncccssary for the preservation of the same, and to 
 authorize any person by them appointed for that purpose to 
 enter upon the lots, grounds, and possessions of any person or 
 body politic, through which the common sewers run, or ought 
 to run, to regulate, make or repair the same. 
 
 Ibid, sec. 836. 2. If any person shall wilfully stop up or obstruct the pas- 
 Penaity for Ob- sagc of the watcrs of any of the common sewers, he shall for- 
 
 structing. n • -i ^ 
 
 feit and pay the sum of one hundred dollars. 
 
 1868, c. 181, s. 1. 3. The Mayor and City Council of Baltimore shall have full 
 Constructing, power to providc for constructing, opening, enlarging or straight- 
 sewers. ' ' ening any sewer through any street, lane or alley, or through 
 Powers of May- any private property, upon giving thirty days' notice in writing 
 
 or and Council. ,, . , . 
 
 to the owners or agents oi said private property within the 
 bounds of the city, when in their opinion the convenience or 
 welfare of the city may require it, to provide for ascertaining 
 whether any and what amount of actual damage will accrue 
 thereby, and what amount of actual benefit will thereby accrue 
 to the owner or possessor of any ground or improvements with- 
 in or adjoining to 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 
 
Sewers. 863 
 
 Article XLIV.— Statutes. 
 
 property of the said city, or by a loan for the special purpose 
 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 benefitted, the whole or any 
 part of the damages and expenses which they shall ascertain 
 will be incurred in constructing, opening, enlarging or straight- 
 ening any sewer in any street, lane or alley, or through any 
 private property in said city, to provide for granting appeals to 
 the court or courts 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 tpossessors of any ground or improvements for con- 
 structing, opening, enlarging or straightening in any street, lane 
 or alley, or through any private property, any sewer which in 
 their opinion the public welfare or convenience may require, 
 and for securing to every such owner or possessor the right on 
 application within a reasonable time, to have decided by a jury 
 trial, whether any damage and what amount of damage has 
 been caused, or whether any benefit, and what amount of ben- 
 efit 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 cor- 
 poration 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 eficct 
 the objects herein specified. 
 
 4. The amount of benefits assessed on any property for con- iMd.s. 2. 
 structing, opening, enlarging or straightening any sewer in any Benefits asstss 
 street, lane or alley, or through any private property construct- 
 
864 Sewers. 
 
 Article XLIV. — Ordinances. 
 
 ed, 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. 
 
 Ibid, 8. 3. 5. Before the Mayor and City Council of Baltimore shall 
 
 Passa8;e of ordi- pass any ordinance under section three, notice shall be given of 
 
 nance. 
 
 Notice to be an application for the passage of such an ordinance in at least 
 two of the daily newspapers of said city, twice a week for sixty 
 days. 
 
 Ibid, 8.4. g^ Before any commissioners appointed by any ordinance 
 
 Commissioners, of Said Corporation under the preceding sections hereof shall 
 
 proceed to the performance of their duty, they shall give daily 
 
 Notice to be noticc in at least two newspapers in the city of Baltimore of 
 
 given of objcc'. ' ' ./ » 
 
 of ordinance, ^.he objcct of thc Ordinance under which they propose to act, 
 at least thirty days before the time of the first meeting to ex- 
 cute the same. 
 
 Ibid, 8. 5. 7. Should the commissioners appointed by the Mayor and 
 
 Tax. City Council of Baltimore levy any part of the expense and 
 
 damage incurred in the construction, opening, enlarging or 
 straightening any sewer in the city, the said Mayor and City 
 Council may levy a tax on the assessable property of the city 
 for the amount of such assessment, or they may raise the neces- 
 sary amount by a loan, for the payment of which they may create 
 Sinking fund, a sinking fund to meet the liabilities incurred, and may also 
 levy on the assessable property of the city of Baltimore from 
 time to time such sums as may be necessary to provide 
 therefor, and for the principal and interest of the liabilities in- 
 curred, and may pass all ordinances necessary to carry out the 
 provisions of the same. 
 
 ORDINANCES. 
 
 No^55,f.. i.M&y 1. The Commissiouers for Opening Strccts, together with tlic 
 Commissioners City Commissiouer, are hereby constituted a board to carry into 
 
 for Opening ^ t J d 
 
 comm^'siwi^r''^ effcct the provisious of this ordinance. 
 
 board. 
 
Sewers. 865 
 
 Article XLIV. — Ordinances. 
 
 2. In each and every case, before the commissioners shall ibia, s. 2. 
 proceed to act as a board in the exercise of the powers confi- oathof com-' 
 
 »^ r mi88ioner(. 
 
 ded to them by this or any future ordinance, they shall sever- 
 ally take and subscribe the following oath or affirmation before 
 a justice of the peace : " I. A. B., do swear, or solemnly, 
 sincerely and truly declare and affirm, that I will to the best 
 of my judgment, knowledge and ability, faithfully, impartially 
 and diligently execute the duties of a commissioner for the 
 construction of sewers in the city of Baltimore, according to 
 the ordinance to provide for exercising certain powers vested 
 in this corporation in relation to the construction of sewers in 
 the city of Baltimore." 
 
 3. The said oath or affirmation shall be recorded in a book ibid, s. 3. 
 
 to be provided by the said commissioners for the recording of Oathto be re- 
 
 , corded and cer- 
 
 their proceedings, and the justice in whose presence the said "fied '<>• 
 oath or affirmaton shall be made and subscribed, shall certify 
 thereto under his hand in the same book. 
 
 4. The clerk to the Commissioners for Opening Streets shall ibid, ■. 4. 
 keep a full and true record of all their proceedings in a book cierk. 
 provided as aforesaid, under the direction and supervision of Proceedings to 
 
 be recorded. 
 
 the City Solicitor, and in such form as he may prescribe ; and city solicitor, 
 the said clerk shall record all orders made by the said coin- Duties of clerk, 
 missioners in regard to the performance of their duties, and 
 make true copies of all notices by them directed to be pub- 
 lished, and the certificate of the publication thereof; and shall 
 perform such other necessary duties as the said commissioners 
 shall require ; and the said commissioners shall also have the 
 power to obtain the services of the City Surveyor, and such city Surreyor. 
 other assistants and agents as they may deem necessary, in 
 the exercise of their powers and allow to the clerk, and each 
 of the persons so employed by them, such compensation as compensation. 
 may be fixed by ordinance, and if not so fixed, as the said 
 commissioners may deem reasonable, and assess the said 
 
866 
 
 Sewers. 
 
 Article XLIV. — Ordinances. 
 
 compensation and all other necessary charges ; and the clerk 
 and other persons to be so employed, shall severally take and 
 subscribe an oath or affirmation similar in substance to that 
 required to be taken and subscribed by the commissioners, 
 which shall be in like manner entered in the record of the 
 proceedings of the said commissioners. 
 
 Oath of clerk, 
 ftc. 
 
 Ibid, s. 5; No. 5. When the said commissioners shall assess a sum of 
 
 114, June 21, '75. 
 
 Benefits de- mouev to bc paid by any person or persons for benefits 
 
 rived. 1 . ' 1 1 , 1 
 
 derived by such person or persons, by constructing, opening, 
 enlarging or straightening any sewer, and shall assess a sum 
 of money to be paid to the same persons for injury sustained 
 by constructing, opening, enlarging or straightening any 
 sewer, it shall and may be lawful, upon a certificate and 
 Assignments to abstract of title from the Examiner of Titles, for the Register 
 
 ReRister or Col- /-• n , • <• i 
 
 lector. or (JoJ lector to receive irom such person or persons an assign- 
 
 ment for the sum or sums so assessed as damages as aforesaid. 
 
 Injuries sus- 
 tained. 
 
 Ibid, 8. 6. 
 
 Constructing, 
 opening, &c.,, 
 sewers. 
 
 Xotice. 
 
 Meeting of 
 commissioners. 
 
 Damages. 
 
 6. Whenever the Mayor and City Council of Baltimore 
 shall hereafter by ordinance direct the Commissioners for Open- 
 ing Streets and Sewers to construct, open, enlarge or straighten 
 any sewer within the bounds of this city, the said commis- 
 sioners shall give at least thirty days' notice in at least two 
 of the daily newspapers of the city, and also thirty days' 
 notice, in writing, to the owners or agents of any private pro- 
 perty through which any sewer may be intended to pass, of 
 the object of the ordinance under which they are about to 
 act, and of the day, hour and place of their first meeting 
 under the said ordinance ; and the said commissioners shall 
 meet at the time and place mentioned in the notice given by 
 them, and proceed to exercise the power and perform the duty 
 assigned to and required of them, under and by virtue of this 
 ordinance, and ascertain whether any and what amount in 
 value of damage will thereby be caused to the owner of any 
 right or interest claimed in anj' ground or improvements 
 
I 
 
 Sewers. 867 
 
 Article XLIV. — Ordinances. 
 
 within or adjacent to the said city, over and above the amount 
 in value of benefit which will thereby accrue to such owner, 
 for which, taking into consideration all advantages and dis- 
 advantages, such owner ought to be compensated; and in 
 addition thereto, shall award to the occupant or occupants of Award, 
 any lot of ground, or of any improvement that may be re- 
 moved, such damages, if any, as the commissioners, or a 
 majority of them, may believe such party or parties have sus- 
 tained by such removal; and the said commissioners, after 
 having ascertained the whole amount of damages as aforesaid, 
 and after having added thereto an estimate made by them of 
 the probable amount of expenses which will be incurred in 
 the performance of the duties required of them as aforesaid, 
 and also the expense incurred by the Register under the pro- 
 visions of this ordinance, shall proceed to assess all the ground ABse»smentof 
 
 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 benefitted by accomplishing the object au- 
 thorized in the ordinance aforesaid, being governed as far as 
 practicable by the number of superficial feet drained ; and 
 should the direct benefits assessed as aforesaid not be equal to 
 the damage and expenses incurred, the balance of said expen- 
 ses and damages shall be paid by the City Register, and be 
 taken out of the general levy — subject, nevertheless, to all 
 such restrictions exempting certain descriptions of property 
 from assessment, as are contained in any law of the State, or 
 in this ordinance, or in any other ordinance of the city. 
 
 7. In every case where it shall be necessary in order to ibid, s, 7. 
 efiect the object proposed that a part only of a house and lot, when part of 
 or of a lot, shall be taken and used or destroyed, and the taken, &c. 
 owner or owners thereof shall claim to be compensated for 
 the whole, the said commissioners shall ascertain the full value 
 thereof, and if the whole lot and improvement were necessary 
 to be taken and used for such proposed object, and the whole 
 
868 
 
 Sewers. 
 
 Article XLIV. — Ordinances. 
 
 Fire per cent. 
 ■tock' 
 
 NoUce. 
 
 amount of such valuation, when finally decided on, shall be 
 paid or tendered to the owner or owners thereof, or vested in 
 city five per cent, stock for his, her, or their use, before any 
 part thereof shall be destroyed, removed, or used, unless such 
 owner or owners shall assent thereto in writing, as provided 
 in the fourteenth section of this ordinance ; and the said com- 
 missioners, 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 the materials of any house which it 
 shall be necessary to remove in whole or in part, and the resi- 
 due of any lot of which a part shall be taken and used as 
 necessary to efiect the object confided to the commissioners, 
 and for which the owners shall claim to be fully compensated, 
 
 Public auction, at public auction, to the highest bidder for cash, to be paid on 
 the day when full possession shall be given of the property or 
 materials so sold, and the said commissioners, or a majority of 
 them, on receiving the price or sum of money so bid shall by 
 a good and sufficient deed, to be executed and acknowledged 
 by them in the form and manner required by law for convey- 
 ing the title of lands in this State, convey any ground by them 
 so sold to the purchaser thereof; and such sale shall be made 
 before the commissioners shall proceed to assess the amount of 
 damages and expenses to be assessed as directed by tliis ordi- 
 nance, and the said commissioners are duly empowered to take 
 and receive a bond of the purchaser of the property or ma- 
 terials aforesaid, with a penalty to the Mayor and City Council 
 of Baltimore, that the price for which the same was sold shall 
 be duly paid at such time as they, the said commissioners, are 
 prepared to deliver possession of said property and materials, 
 and that the said purchaser shall remove within sixty days 
 thereafter such materials so sold, and all rubbish or other ob- 
 structions occasioned thereby ; and in the event of the pur- 
 chasers failing forthwith to comply with the terms of said sale, 
 
 When commis- the commissiouers shall re-sell the said property or materials 
 
 sioners to resell. 
 
 at the risk of the former purchaser or purchasers, giving not 
 
 Bond of pur 
 chaser. 
 
Sewers. 869 
 
 Article XLIV. — Ordinances. 
 
 less than five days' notice of said sale in two of the daily news- 
 papers of the city aforesaid. 
 
 8. As soon as the commissioners aforesaid shall have com- ibid, s. 8. 
 pleted the valuation of damages ascertained by them, as statement of 
 
 damages 
 
 directed by the sixth section of this ordinance, they shall cause 
 a statement thereof to be made out and placed in the office of 
 the City Register for the inspection of all persons desiring in- 
 formation of its contents, and such statement, together with 
 an explanatory map or maps, shall contain a correct descrip- Description, 
 tion of each separate lot or parcel of ground deemed to have 
 sustained damages, its length and breadth, the name of any 
 street, square, lane or alley on which it bounds; the names of 
 all persons who shall claim any estate or interest in it, and 
 the amount of damages as valued by the commissioners ; and 
 if there be any house or other improvement on it necessary to 
 be removed in whole or part, a description of the size and 
 such other particulars as the commissioners shall deem proper, 
 and in like manner a description of each parcel of ground 
 deemed by the commissioners to be benefitted, the name or 
 names of such person or persons as shall claim any estate or 
 interest therein and the amount assessed thereon for benefits; 
 and the commissioners shall cause a notice to be published four Notic*. 
 successive days, in three daily newspapers of the city, stating 
 the extent of the ground covered by the assessment, and that 
 such statement and map or maps have been so deposited with 
 the Register for examination, and that the commissioners will 
 meet at the office of the Commissioners for Opening Streets 
 and Sewers on a day in such notice to be named, which shall 
 be within ten days' after the first publication of such notice, to 
 review any of the several matters set forth in the said state- commissioners 
 mentjto which any person claiming to be interested therein shall, 
 on that day so appointed, make objection ; and the commission- 
 ers shall meet at the time and place so appointed, and consider 
 all such representations and testimony on oath or affirmation. 
 
870 
 
 Sewerb. 
 
 Article XLIV. — Ordinances. 
 
 To make cor- 
 rections. 
 
 verbal or in writing, in relation to any matter in said statement 
 which shall be offered to them on behalf of any person claim- 
 ing 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 oppor- 
 tunity to be heard, not exceeding in the whole ten days ; and 
 
 after closing such review the commissioners shall make all 
 such corrections in their statement and explanatory map or 
 maps as they shall deem proper, and cause such statement and 
 map or maps so corrected and certified under the hands and 
 seals of said commissioners and their clerk, to be deposited in 
 the oflBce of the Register as one of the records of the city ; 
 Kegister to no- and it shall be the duty of the Register within five davs after 
 
 tify. , " 
 
 said proceedings shall have been deposited in his ofiice, to 
 notify all persons interested by an advertisement to be inserted 
 once a week for four successive weeks in three of the daily 
 newspapers of the city, that the said assessment and maps 
 have been so placed in his office, and that the parties interested 
 therein are entitled to appeal therefrom by petition in writing 
 to the Baltimore City Court. 
 
 Ibid, s. 9. 9. Any person or persons, or corporations, who may be dis- 
 
 jiight of appeal Satisfied with the assessment of damages or benefits as herein- 
 
 to City Court. . 
 
 before provided, may, within thirty days aftef the return of 
 corrected statement and map or maps to the Register, as pro- 
 vided in the eighth section of this ordinance, and the first 
 publication of the notice thereof by the Register, appeal there- 
 from, by petition in writing, to the Baltimore City Court, pray- 
 ing 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 nor more than thirty days 
 
Sewers. 871 
 
 Article XLIV. — Ordinances. 
 
 after the expiration of the thirty days limited for taking ap- 
 peals as aforesaid, and shall direct the clerk of the said court, 
 to issue a subpoena dttces tecum to the Register of the City, subpcena duces 
 
 . . , . , Til- .1 1 J tecum to Regis- 
 
 requinng him to produce and deliver to said court the record ter. 
 
 of the proceedings of the Board of Commissioners in the case, Record of pro. 
 
 ceedingsof 
 
 and all maps, plats, documents and papers, connected with Board. 
 
 such record ; and the said Baltimore City Court shall have full 
 
 power to hear and fully examine the suhject and decide on the Kxaminauon or 
 
 witnesses. 
 
 said appeal, and for that purpose is herehy authorized and em- 
 powered to adjourn from time to time, and may cause all such 
 appeals to be consolidated, or may hear and decide them separ- 
 ately, and may require the said commissioners, their clerks, 
 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 aflBrmation, and may permit and 
 require all such explanations, amendments and 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 jury, 
 be jurors, and shall empannel any twelve disinterested persons 
 80 summoned or attending the court, to try any question of 
 facts, and if necessary, to view any property in the city or ad- 
 jacent thereto, to ascertain and decide on the amount of 
 damages or benefits under the direction of the court; and the 
 said court shall not reject or set aside the record of the pro- 
 ceedings 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 pro- Decisions to be 
 
 ,. 11-- •! 1 11 entered in re- 
 
 ceedings and decisions on said returns and appeals to be en- cordofproceed- 
 
 . ings. 
 
 tered in the book containing the record of the proceedings of 
 
872 Seweks. 
 
 Article XLIV. — Ordinances. 
 
 the commissiouers, certified by the clerk, under the seal of the 
 court, and the book to be transmitted to the Register of the 
 City, which shall be final and conclusive in every respect, un- 
 less an appeal be taken to the Court of Appeals, and such 
 records, book or copy of the proceedings therein, or any part 
 of such proceedings, whether in court or out of court, certified 
 by the Register of the City, under the corporate seal of the 
 Evidence. city, shall be evidence in any court in this State ; and the 
 judge of the Baltimore City Court shall have full power, in 
 his discretion, to add the reasonable costs of any appeal, to 
 be taxed by him, or any part thereof, to the damages to be 
 collected for constructing, opening, enlarging or straightening 
 any sewer, 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. 
 
 Ibid, s. 10. 10. If no appeal shall have been prayed within ten days 
 
 Duty of coDec- after the time hereinbefore limited therefor, or after the return 
 of the decision upon any appeal shall have been made to the 
 Register, the said Register shall transfer the said commission- 
 ers' return to the Collector, who shall proceed forthwith to 
 notify the parties assessed for benefits, by means of bills speci- 
 fying the several sums so assessed, and warning them that if 
 the same be not paid within six months from the date of such 
 transfer of said commissioners' return, he will proceed to sell 
 the specific piece 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 the eleventh 
 section of this ordinance. 
 
 tor. 
 
 Ibid. g. 11. 11. If the sums assessed upon the property benefitted shall 
 
 When Collector Hot bc paid withiu the time above limited, the Collector is 
 
 property. jjgj.g^y authorized and directed to sell the property, or any 
 
 part thereof, on which such assessment has been laid, giving 
 Notice. not less than thirty day's' nor more than sixty days' notice of 
 
 said sale, in two of the daily newspapers published in the city 
 
Sewers. 873 
 
 Article XLIV. — Ordinances. 
 
 of Baltimore ; said notice to be published within ten days 
 after the expiration of the time limited in the tenth section 
 for the payments of said benefits, and the moneys so collected 
 by the Collector shall be paid over by him to the Mayor and 
 City Council of Baltimore, as other moneys are directed to be 
 paid over, and by them to the persons entitled to receive the 
 same. 
 
 12. In all cases in which the City Collector shall sell any ibia, •.!.}. 
 property on account of the non-payment of assessments made under what 
 for the constructing, opening, enlarging or straightening of pertysoht.''"' 
 any sewer, it shall be his duty to sell said property to the ex- 
 tent and subject to the same conditions which are provided by 
 ordinance for the sale of real estate in the city of Baltimore, 
 charged with the payment of other taxes imposed by this cor- 
 poration ; and in the event of the purchaser or purchasers 
 
 failing forthwith to comply with the terms of said sale, the 
 Collector shall re-sell the same at the risk of the former pur- when coUector 
 chaser, giving not less than ten days' notice in two of the daily 
 newspapers of the city aforesaid ; and after collecting the bene- 
 fit assessments he shall forthwith return the said commis- 
 sioners' proceedings to the City Comptroller. 
 
 13. The Collector on receiving the full amount of the ibid, •. is. 
 purchase money on such sale shall execute a deed of convey- Deed from coi- 
 ance in favor of the purchaser or purchasers, or their assigns 
 
 or assignees, 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 purchase mo- 
 the Mayor and City Council of Baltimore, who 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. 
 
 14. All sums of money assessed by the commissioners ibid,s.i4. 
 aforesaid, upon property deemed by them to be benefitted, shall 
 
874 Sewers. 
 
 Article XLIV. — Ordinances. 
 
 Assessments, be and contiDue 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 sewer shall be con- 
 structed, opened, enlarged or straightened on or under the 
 ground of any person or persons, or corporations adjudged by 
 the commissioners to be entitled to damages for said opening 
 
 Consent in writ- and SO forth, without the consent in writing of the person or 
 corporation so entitled, until such damages shall be paid, or 
 
 Damages paid the amouut thcrcof invested in the city five per cent, stock, for 
 
 or invested. , • i i i> 
 
 the use of each person or corporation entitled to any part oi 
 the compensation for such damages to the amount of his, her 
 or their respective right and interest therein, of which invest- 
 ment the Register's certificate under the corporate seal of 
 the city shall be competent proof. 
 
 Ibid, 3. 15. 15. Any person or persons not claiming title to any lot or 
 
 Persons not picce of property upon which any sums shall be assessed as 
 
 claiming title n i /» i • u • 
 
 may pay the aforcsaid, may pay the amount of the sum so assessed within 
 
 amount assess- ./ i ./ 
 
 ^'^- the time limited to the Register of the City, and obtain his cer- 
 
 certificate. tificatc of baviug paid such sum, without claiming title to the 
 property, and such payments shall vest in the person or per- 
 sons paying, his, her or their lieirs, the lien on such lot or property 
 mentioned in the fourteenth section of this ordinance. 
 
 Ibid, s. 16. 16. If it should so happen that any one or more of said 
 
 When commis- commissiouers should be interested in anv particular case, the 
 
 sioners inter- " 
 
 ested. Mayor shall make a temporary appointment of a commissioner 
 
 Temporary ap- or comiiiissioners to act in the place and stead of such in- 
 
 pointment by 
 
 Mayor. tcrcstcd Commissioner or commissioners, who shall take the 
 
 oath or afiirmation, as the case may be, and in all respects con- 
 duct himself as the commissioners who are annually appointed. 
 
 Ibid, 8. 17. 17. In case the said commissioners shall commence any 
 
 Time limited, proceedings by virtue of this or any future ordinance, they 
 
 shall be allowed not exceeding ninety days to complete the 
 
 Proviso, same ; provided, should said commissioners ascertain it to be 
 
Seweks. 875 
 
 Article XLIV. — Ordinances. 
 
 impracticable so to complete the said proceedings they shall 
 
 make to the Mayor or City Council a full and explicit report Report to Mayor 
 
 _ , and Council. 
 
 01 the cause or causes of such inability, together with all 
 such other matters connected therewith as the Mayor or City 
 Council may from time to time require, and shall suspend all 
 further proceedings until otherwise directed. 
 
 18. The said Commissioners for Opening Streets and Sewers iwd, s. is, 
 shall proceed to close all their work, notwithstanding they may when work to 
 
 . , , . , be closed. 
 
 not be re-appointed, within six months from and after the ex- 
 piration of the time for which they were appointed by virtue 
 of the first section of this ordinance. 
 
 19. Whenever any lot or part of a lot, or parcel of ground, iwd, s. i9. 
 may be taken for the purpose of constructing, opening, en- unexpired tertn 
 
 1 . ... , , of years in lot. 
 
 iarging or straightening any sewer, and damages assessed 
 therefor, and there shall be an outstanding unexpired term of 
 years therein, the said commissioners shall discriminate in 
 their proceedings between the value of fee simple or ground 
 rent interest and the leasehold interest. 
 
 20. Whenever any obstruction shall have remained in the iwd, «. ao. 
 way of any sewer so to be opened, enlarged or straightened, obstructions, 
 for the space of sixty days after the proceedings of the said 
 commissioners shall have been returned to the Register of the 
 
 City, it shall be the duty of said commissioners to cause the 
 same to be removed, and to draw on the Register for the ex- 
 penses so incurred, which shall be paid by him ; and the Mayor 
 shall forthwith cause a suit for the recovery of said expenses, suit for expen- 
 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. 
 
 21. In each case of constructing, enlarging or straighten- ibid, s. 21. 
 ing any sewer, under the provisions of this ordinance, the said perdiem to 
 
 . . 1 11 P 1 1 1 . 1 . , , commissioners 
 
 commissioners shall, tor each and every day in which they and clerks. 
 
876 Sewers. 
 
 Article XLIV. — Ordinances. 
 
 and their clerk shall be actually engaged in the performance 
 of their duties, assess as part of the expenses of tlieir proceed- 
 ings, a per diem as to each of said commissioners and their 
 clerks, of four dollars, to be collected as other expenses are, 
 and to be paid to the Register for the use of the city. 
 
 Ibid, s. 22. 22. The Commissioners for Opening Streets and Sewers, so 
 
 Papers and soon as they sliall have completed their work on each sewer, 
 
 books to be de- 
 
 ^osited with shall deposit all papers and books relating thereto in the office 
 of the City Register. 
 
 Ibid, s. 23. 23. When the Mayor and City Council shall pass an ordi- 
 
 Survey of route nancc for the opening, constructing, enlarging or straightening 
 
 of sewer. i o. a i=i i^ a 
 
 of any sewer within the limits of the city, the City Commis- 
 sioner is hereby authorized and required to have surveyed the 
 route of said sewer, and to determine the size the same shall 
 be, and to take charge of and superintend the work of such 
 opening, constructing, enlarging or straightening. 
 
 Ibid, s. 24. 24. When it shall have been determined to open, construct, 
 
 Advertisement enlarge Or Straighten any sewer, under the provisions of this 
 
 for proposals. . ^ ^ '' ' ^ 
 
 ordinance, and when the assessments and survey aforesaid shall 
 have been made, the said City Commissioner shall advertise 
 for thirty days in at least two of the daily newspapers of the 
 city for proposals for the opening, constructing, etc., of such 
 sewer, according to plans and specifications to be prepared by 
 said City Commissioner ; and the said City Commissioner shall 
 award the contract for such opening, constructing, etc., to the 
 lowest responsible bidder. 
 
 Ibid, s. 25. 25. Before any contract shall be executed under the pro- 
 
 contractors to visious of the preceding section, the contractor or contractors 
 
 give bond. i i /v> . 
 
 shall enter into bonds with good and sufficient security, to be 
 approved by the Mayor and Comptroller, in double the amount 
 of the contract price, conditioned for the faithful and efficient 
 performance of the work contracted for. 
 
Skwkbs. 877 
 
 Article XLIV. — Ordinances. 
 
 26. If any person shall wilfully stop or obstruct the pas- no. is, s. 36, r. 
 sage of the water of any sewer, made or which may hereafter Penalty for ob- 
 
 _ structing sew- 
 
 be made, he, she or they so offending shall forfeit and pay the "»• 
 sum of one hundred dollars for each and every such offence. 
 
 27. If any person or persons, owner or owners, occupier or iwu, s. 37. 
 occupiers, of any lot within the city of Baltimore shall tap or sewersnotto 
 
 •^ ' •' '' . ' be tapped or 
 
 open, or cause to be tapped or opened, any of the public sew- opened, 
 ers in the city, without first obtaining the permission of the 
 City Commissioner and the approval of the Mayor, said person 
 or persons, owner or owners, occupier or occupiers, shall for- 
 feit and pay the sum of twenty dollars for each and every such Penmity. 
 offence; and it shall be the duty of the City Commissioner Duty of city 
 
 Commissioner. 
 
 to cause a notice to be served upon such person or persons, 
 owner or owners, occupier or occupiers, directing any of said 
 sewers to be closed when they have been tapped or opened, in 
 the manner prescribed by said notice, and if such person or 
 persons, owner or owners, occupier or occupiers, shall refuse or 
 neglect to comply therewith, he, she or they, so refusing or 
 neglecting, shall forfeit and pay the further sum of five dollars 
 for each and every day he, she or they shall continue to refuse 
 or neglect to comply therewith, and shall moreover pay the 
 expenses incurred in case such sewer shall be closed under the 
 direction of the City Commissioner, which said commissioner 
 is hereby authorized to have done in case of such neglect or 
 refusal. 
 
 28. It shall not be lawful for any person or persons to con- no. 52, April 22, 
 
 '64. 
 
 struct within the limits of direct taxation a private sewer, private sewers, 
 under the streets, lanes or alleys that are paved, without hav- 
 ing had and obtained the written permission of the City Com permission to 
 
 , , , _, 1 c construct. 
 
 missioner, approved by the Mayor, under a penalty 01 twenty Penalty, 
 dollars, and ten dollars for each and every day the same shall 
 remain, and every application for such permission to erect such 
 sewer shall be in writing, signed by the person or persons 
 making the same, and shall name the length desired. 
 
878 
 
 Sewers. 
 
 Article XLIV. — Ordinances. 
 
 Ibid, s. 2, 
 Payment. 
 
 Penalty. 
 
 29. After obtaining permission to construct or make such 
 sewer, and previous to tlie commencement thereof, the person 
 or persons so applying shall therewith pay to the Register of 
 the City the sum of twenty cents for each lineal foot of ground 
 mentioned as required for such sewer, under a penalty of 
 twenty dollars for each and every commencement of such 
 sewer without the payment of the sum herein required.* 
 
 * The Canton Company, incorporated by Act of 1828, c. 159, and con- 
 tinued by Act of 1867, c. 91, until February 1, 1887, and thereafter until 
 repealed at discretion of the Legislature, was authorized by Ordinance No. 
 12, March 17, 1836, to construct sewers and reservoirs under conditions 
 therein set forth. 
 
Squaees, Spuings and Monuments. 
 
 879 
 
 Article XLV. 
 
 ARTICLE XLV. 
 
 SQUARES, SPRINGS AND MONUMENTS. 
 
 ORDINANCES 
 
 MONUMENTS. 
 
 1. Penalty for defacing monuments. 
 
 2. Keeper of Washington Monu- 
 
 ment : and keeper of City 
 Spring, on Calvert street. 
 
 COMMrSSIONERS AND KEEPEIIS OF 
 SQUARES AND SPKINGS. 
 
 3. Commissioners to public squares: 
 
 powers and duties. 
 
 4. Powers of Commissit)ners of 
 
 Squares. 
 
 5. Rules for springs and squares. 
 
 6. Statement of receipts and expen- 
 
 ditures. 
 
 7. Juriodictioii of commissioners 
 
 over contiguous pavements. 
 
 ASHLAND SQUARE. 
 
 8. Keeper: salary. 
 
 BAKER CIRCLE. 
 
 9. Commissioner. 
 
 BATTERY SQUARE. 
 
 10. Commissioners : their duties. 
 
 BROADWAY SQUARES. 
 
 11. Commissioners: duties. 
 13. Keeper: salary. 
 
 EASTERN CITY SPRING. 
 
 13. Commissioners: duties. 
 
 EUTAW SQUARES. 
 
 14. Additional commissioners. 
 
 15. I'reamble. 
 
 16. 
 17. 
 
 18. 
 19. 
 20. 
 
 21. 
 
 36. 
 
 Deed. 
 
 Name : iron railing : grading 
 
 and paving of streets. 
 Houses on squares. 
 Deeds of beds of streets. 
 Closing streets : wid ih of square : 
 
 plat. 
 
 FEDERAL HILL. 
 
 Boundaries. 
 
 PRAKLIN SQUARE. 
 
 22. Preamble : public square. 
 
 28. Deed : terms and conditions : de- 
 scription : footways : buildings 
 to be erected. 
 
 24. Provisions for paving. 
 
 25. Charge for paving. 
 Time limited for improving : or- 
 dinance may be repealed. 
 
 Called Franklin square. 
 
 Woodyear alley and Vine street 
 closed. 
 
 Contract. 
 
 Terms of sale of property sub- 
 mitted to Mayor. 
 
 Certain streets closed. 
 
 Preamble. 
 
 Performance of contract. 
 
 Deed. 
 
 Description of buildings : houses 
 on north side of Lexington st. 
 
 HARLEM ^UARE. 
 
 Keeper: compensation. 
 
880 
 
 Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 
 JACKSON SQUAKE. 
 
 37. Commissioners. 
 
 38. Keeper. 
 
 JOHNSTON SQUARE. 
 
 39. Boundaries. 
 
 LAFAYETTE SQUARE. 
 
 40. Salary of keeper. 
 
 MADISON SQUARE. 
 
 41. Location of square. 
 
 42. Condemned for public use. 
 
 MOUNT VERNON PLACE. 
 
 43. Porticos, steps, &c., regulated. 
 
 SQUARES AROUND WASHINGTON 
 MONUMENT. 
 
 44. Commissioners: powers: rules. 
 
 PARK PLACE. 
 
 45. Commissioners. 
 
 PERKINS' SPRING SQUARE. 
 
 46. Commissioners : powers and du- 
 
 ties. 
 
 47. Keeper: salary. 
 
 PUBLIC WALK. 
 
 48. On Oliver street. 
 
 PROSPECT SQUARE. 
 
 49. Boundaries : name : railing. 
 
 UNION SQUARE. 
 
 50. Preamble. 
 
 51. Deed : conditions : fountain ; 
 
 streets. 
 
 52. Name: fountain. 
 
 No. 60, R. o. 
 
 Penalty for de- 
 facing monu- 
 ments, 
 
 ORDINANCES. 
 MONUMENTS. 
 1. If any person shall injure or deface the Washington or 
 Battle monuments, their ornamental figures or sculpture, or 
 the enclosure or railing around either of them, such person 
 shall, for every such oflTence, forfeit and pay a sum not exceed- 
 ing twenty dollars, and shall, moreover, be liable to. pay all 
 expenses in repairing the said injury or injuries.* 
 
 * The corner stone of the Washington monument was laid July 4, 1815, 
 and the statue of Washington placed on the summit 28th Nov., 1829. Wash- 
 ington monument was erected by the State, under the Acts of 1809, c. 113 ; 
 1815, c. 102; 1816, c 77; 1818, c. 212; 1826, c. 165, and 1829, c 165— the 
 keeper was formerly appointed by commissioners under the Act of 1809. 
 The foundation stone of the Battle monument was laid Sept. 12, 1815, under 
 Act of 1815, c. 102, in memory of those who fell in defence of the city the 
 year before. 
 
 There is also a monument on Broadway, erected in 1865, to the memory 
 of Thomas Wildey, who founded in the city of Baltimore, on April 26, 1816, 
 the first society of the Independent Order of Odd Fellows on this continent. 
 
 The corner-stone of the monument in Ashland square to Daniel Wells, 
 aged 19 years, and Henry G. McComas, aged 18 years, killed at the battle of 
 North Point, 12th September, 1814, was laid in 1850 ; there is also a monu- 
 ment on the field ^t North Point, erected in 1839, to commemorate the battle 
 of September 12, 1814. 
 
Squares, Springs and Monuments. 881 
 
 Article XLV. — Ordinances. 
 
 2. There shall be annually appointed, as other city officers no. 40, s. 4, Apr. 
 are appointed, one keeper of the Washington Monument : and Keeper of 
 
 rt^ f r & 5 Washington 
 
 one keeper of the City Spring* on Calvert street, the latter to ^ee°e™of cu"^ 
 receive as compensation the sum of three hundred dollars per vert street.*^ 
 annum. 
 
 COMMISSIONERS AND KEEPERS OF SQUARES AND SPRINGS. 
 
 3 The Mayor shall have power to appoint at his discre- no.is, ifar, 5, 
 
 '66. 
 
 tion, and removable at his pleasure, three commissioners for commissioners 
 each of the public squares of the city, unless otherwise here- squares. 
 in after specially provided, to be selected from among the re- 
 sidents in the vicinity of the respective squares, and to serve 
 without compensation. The said commissioners shall have Powers and du- 
 general supervision of the squares for which they are respec- 
 tively appointed ; they shall see that the keeper attends faith- 
 fully to his duties ; that the grounds are kept in good condition, 
 and that order and propriety of deportment are maintained 
 therein ; and in case of any dereliction of duty on the part of 
 the keeper, they shall report the same to the Mayor. All ap- 
 propriations for the preservation and adornment of the squares 
 under their charges, shall be expended under their direction, 
 and paid by the Register on vouchers verified by them. 
 
 4. The Commissioners of Squares are authorized, except in No. 40,3. 5, Apr. 
 cases otherwise hereinafter specially provided, to employ suit- powers of com- 
 
 ,1 iiii <>ii. -i, missioners of 
 
 able persons to take charge or and keep m proper order the squares. 
 squares under their respective control, and to allow to such per- 
 sons such compensation as in the judgment of the commission- 
 ers, with the approbation of the Mayor, shall be deemed proper. 
 
 * By Resolution No. 123, April 21, '77, the Water Board was directed to 
 make such improvements and alterations in the Calvert Street City Spring as 
 might be necessary to substitute the water from the City Water Works, for 
 the water flowing from the fountain of said spring ; which was declared by 
 Resolution No. 85, March 29, 1877, unhealthy and unfit for drinking or 
 cooking purposes. 
 
882 Squares, Spkings and Monuments. 
 
 Article XLV. — Ordinances. 
 
 Ibid, 8. 6. 5. The said commissioners are authorized, with the appro- 
 
 Ruies for bation of the Mayor, to make rules aud regulations for the 
 
 springs and n i • i i i j» 
 
 squares. protectioH of the springs and squares, and the government oi 
 
 the persons who shall frequent the same; and any person 
 oftending against such rules and regulations shall be liable to 
 
 Penalty. a penalty not exceeding twenty dollars for each oifence. 
 
 Ibid, 8.7. 6. The Commissioners of Squares shall furnish to the 
 
 statement of re- Mayor twicc in cach year a statement in detail of the receipts 
 
 ceipts and ex- . , . 
 
 penditures. and cxpcnditures in their respective squares. 
 
 No. 113, Oct. 24, 7. The Commissioners of Squares within the limits of the 
 
 '74. ^ 
 
 Jurisdiction of city ftrc authoHzed to extend their jurisdiction over the pave- 
 
 commissioners t i ■ ' j i • i 
 
 over pavements, mouts surrouudiug the rcspectivc squares under their care, and 
 to improve them in any proper manner that will not interfere 
 with their proper use as footways. 
 
 ASHLAND SQUARE. 
 Ne. 107, Oct. 24, 8. There shall be annually appointed, as other city officers 
 
 '74. 
 
 Keeper. are appointed, a keeper of Ashland Square, on Gay street, at 
 
 the intersection of Monument and Aisquith streets, whose duty 
 shall be to keep said square in proper order, and keep the 
 
 Salary. Mouumeut clcau, and he shall receive for such services an an- 
 
 nual salary of fifty dollars. 
 
 BAKER CIRCLE. 
 
 No. 126, Nov. 5, 9. The Mayor is authorized to appoint in the usual man- 
 commissioner. ucr a citizcu of proper character and discretion as a commis- 
 sioner, who shall have authority to protect and care for the 
 public circle at the intersection of Baker street and Fulton 
 avenue, who shall serve without compensation.* 
 
 * By Resolution No. 241, Sept. 14, '69, and Ordinance No. 108, June 7, 
 1875, the city accepted from the executors of the late William Baker, a deed 
 in fee of a circle of ground at the intersection of Fulton and Baker streets, 
 of two hundred and forty feet in diameter, and in consideration thereof the 
 
Squares, Springs and Monuments. 883 
 
 Article XLV.— Ordinances. 
 
 BATTERY SQUARE. 
 
 10. Ordinance No. 82, Sept. 19, 1864, recited that applica- 
 tion had been made for the condemnation of a piece or parcel 
 of ground for a public square, bounded on the north by Ran- 
 dall street, on the east by Covington street, on the south by 
 Heath street, and on the west by Johnson street, and author- 
 ized and required the Commissioners for Opening Streets to 
 condemn the afore described piece or parcel of ground, to be 
 used forever thereafter as a public square, to be called the 
 Battery. (See sections 7 to 11, Article XXXVII, pp 687- 
 688, ante, Riverside Park, in which is included the ground 
 formerly known as Battery Square.) By Ordinance No. 98> 
 Sept, 23, 1872, the Mayor was authorized to appoint Commis- 
 sioners for Battery Square ; who are now superseded by the 
 Park Commissioners. (See sec. 10, p. 688, ante.) 
 
 BROADWAY SQUARES. 
 
 , June 17, 
 
 11. The Mayor shall annually appoint three suitable per- N;j-8o. 
 sons to act as commissioners for the Broadway Squares, whose commissioners' 
 
 . duties. 
 
 duties shall be such as are provided in sections 3 to 7 of this 
 article, and who shall serve without pay. 
 
 12. There shall be annually appointed, as other city officers No. 33, Apr. 3, 
 are appointed, a keeper of the public squares on Broadway, Keeper, 
 between Belair avenue and Baltimore street, whose duties shall 
 
 be similar to those of other keepers of public squares, and who saiary. 
 shall receive an annual salary of three hundred dollars. 
 
 said Mayor and Council agreed to lay out within said circle another circle 
 of one hundred and twenty feet in diameter, to be bounded by a fifty feet 
 street, with a fountain in the centre. 
 
884 , Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 
 EASTERN CITY SPRING. 
 
 No. 76, June 11, 13, The Mayor shall annually appoint three commissioners 
 Commissioners, for the Eastem City Spring, as other city officers are appointed, 
 to be selected from the residents in the vicinity of said spring, 
 and who shall serve without compensation. It shall be the 
 Duties. duty of said commissioners to supervise the management of 
 
 said Eastern City Spring ; to see that the keeper thereof attends 
 faithfully to his duties, and in the event of any appropriations 
 for the use of said spring, the same shall be expended under 
 the direction and control of said commissioners. 
 
 EUTAW SQUARES. 
 
 Res. 94, Mar. as, 14. The Mayor is authorized to appoint two additional 
 Additional com- commissiouers for Eutaw Square, as other Commissioners of 
 Squares are appointed. 
 
 missioners. 
 
 No. 18, Mar. 19, 15. Ordinance No, 18, March 19, 1853, cnactod the follow- 
 
 '53. ' ' ' 
 
 Preambi*. iug: Whoreas, Henry Tiffany has offered to convey to the 
 Mayor and City Council of Baltimore, for public squares, and 
 as such by this corporation to be forever kept, all that piece of 
 ground within the limits of the city, now in the bed of Eutaw 
 street, and extending from Dolphin street to the north line of 
 said Henry Tiffany's property ; therefore, 
 
 Ibid, 8.1. 16. The Mayor is hereby authorized to accept from Henry 
 
 Deed. Tiffany a deed in fee of the square of ground lying in the bed 
 
 of Entaw street, and between Dolphin street and the north 
 
 line of said Henry Tiffany's property ; said deed to be approved 
 
 in title and form by the City Counselor. 
 
 Ibid, s 2. 17. The said square shall be called Eutaw Square, and the 
 
 Name. said piccc of grouud shall be forever kept as public squares ; 
 
 and as soon as said deed shall have been executed and delivered, 
 
 the Mayor is authorized and required to cause a suitable iron 
 
Squares, Springs and Monuments. 885 
 
 Article XLV. — Ordinances. 
 
 railing, of the height of not less than six feet, resting upon a ironraiiiag. 
 dressed granite base, to be erected around said squares; pro- 
 vided, that all the necessary grading and paving of the streets Grading and 
 around said squares, and the necessary grading of said squares, streeca. 
 shall be made at the sole cost of the owners of the ground 
 binding upon said squares, and under the supervision of the 
 City Commissioner. 
 
 18. The iron railing* to be erected around said squares asibid.s. 3. 
 hereinbefore provided, shall not be so erected until said Henry Houses on 
 
 m* /vY • squares, 
 
 Tiiiany shall cause to be built upon each side of the square 
 not less than seven houses of not less than twenty-five feet 
 front and three stories high ; and as soon as said Dfimber of 
 houses are erected on either square, the Mayor is hereby au- 
 thorized and required to have erected around said square or 
 squares, on which are built and completed the required num- 
 ber of houses, a suitable iron railing, as provided in sec- 
 tion 17. 
 
 19. The said Henry Tiffany shall give to the Mayor and niid, s. 4. 
 City Council a good and sufficient deed of all the beds of the Deed of beds of 
 streets, alleys and squares, frotn Townsend street north to the 
 
 line of his property, on the same terms as are provided for in 
 the preceding section ; and should the streets, alleys and 
 squares north of said TiflTany's property fail to be opened in 
 eighteen months from March 1, 1853, then the said deed shall 
 be null and void, so far as it refers to the property north of 
 Townsend street. 
 
 * By Ordinance No. 35, July 8, 1856, an iron railing was authorized to. be 
 erected around Eutaw Square, similar to the railing arouml Mount Vernon 
 Place, under the supervision of the City Commissioner. 
 
 Resolution No. 133, May 10, 1870, provided for erecting the iron railings, 
 &c., around two squares on Eutaw Place. 
 
 All the railings were removed under Resolutions No. 28, June 8, 1876, 
 and Resolution No. 95, March 25, '78. 
 
886 Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 
 Ibid, 8. 6. 20. Ordinance No. 76, July 15, 1853, enacted the follow- 
 
 ciosing streets, ing ; The Commissioners for Opening Streets are hereby 
 authorized and required to close Gibson (now Eutaw) street, 
 and Morris and Jordan alleys, as laid down upon the plat 
 of the city as returned by the extension commissioners under 
 the Act of Assembly of December session, 1817, from the 
 north side of Henry Tiffany's property to Laurens street, 
 and to condemn and open and continue said Gibson (now 
 Eutaw) street, and said Morris and Jordan alleys, from the 
 north line of said Henry Tiffany's property to Laurens 
 street, agreeably to a plat filed in the Register's office ; pro- 
 vided, that before said commissioners proceed to exercise the 
 duties required of them by this ordinance, the said applicants, 
 or some of them, shall execute and deliver, or cause to be 
 executed and delivered, clear of expense, to the Mayor and 
 City Council of Baltimore, a good and sufficient deed, in fee 
 simple, for a strip or parcel of ground extending from the 
 north line of said Henry Tiffany's property to Laurens street, 
 Width of Eutaw as aforcsaid, of the width of about sixty nine feet in the 
 
 Square. . . - 
 
 centre of said contemplated opening in Eutaw street, agree- 
 Piat ably to said plat so filed in the Register's office — to be kept 
 
 open forever hereafter as public squares, to be called Eutaw 
 Square.* 
 
 FEDERAL HILL. 
 
 No. 162, Oct. 25, 21. Ordinance No. 152, October 25, 1875, enacted the 
 
 '75. . . , ' . 
 
 Boundaries. following: The Commissioners for Opening Streets are 
 
 authorized and directed to condemn the vacant ground lying 
 
 between Johnson, Hughes, Covington and Warren streets, 
 
 known as Federal Hill, and the Observatory buildings located 
 
 thereon, for the purpose of a public square or park.f 
 
 * Eutaw Place or Square was extended from Laurens street to North ave- 
 nue under Ordinance No. 90, May 23, 1876. 
 
 t The Act of 1878, c. 143, repeals the Act of 1876, c. 30, and provides that 
 all acts done, or proceedings had or begun before its passage, for the con- 
 
Squares, Spbinos and Monuments. 887 
 
 Article XLV. — Ordinances. 
 
 FRANKLIN SQUARE. 
 
 22. Ordinance No. 47, April 23, 1839, enacted the follow- No 47, Apr. 23, 
 ing : Whereas, in consideration of the sum often thousand Preamble, 
 dollars, payable in account of paving as hereinafter specified, 
 
 and subject to the terms and conditions hereinafter mentioned, 
 
 James Canby and Samuel Canby have offered to convey to 
 
 the Mayor and City Council of Baltimore for a public square, puwic »quar«. 
 
 and as such by this corporation to be laid out, embellished, 
 
 and forever kept, all that piece of ground within the limits of 
 
 the city of Baltimore, bounded by Fayette and Lexington, 
 
 and Carey and Calhoun streets ; and whereas, said offer has 
 
 been accepted by this corporation ; therefore, 
 
 23. This corporation hereby, in consideration that said ibu.s. 1. 
 James Canby and Samuel Canby shall convey to said corpor- Deed, 
 ation the piece of ground aforesaid for the intent and uses 
 aforesaid, binds itself to said James and Samuel to satisfy 
 
 and allow to said James and Samuel, their heirs or assigns, 
 in paving and work as hereinafter particularized, the sum of 
 ten thousand dollars ; subject, however, to the terms and 
 conditions following, that is to say :* 
 
 damnation of land or ground for a public square or park, under any ordi- 
 nance of the Mayor and City Council of Baltimore, authorized by the law 
 in force before the passage of the Act of 1876, c. 20, are saved and 
 excepted from the effect of said act, and hereby declared valid ; and especially 
 the acts done and proceedings had and begun by the Commissioners for 
 Opening Streets under the above ordinance ; and the said Mayor and City 
 Council are empowered and directed forthwith to proceed to acquire by con 
 demnation any land or ground for a public square or park, in all cases where 
 in proceedings that were had or begun before the passage of this present act, 
 and especially proceedings had and begun under the ordinance mentioned 
 and to conduct all such proceedings to final completion as if the Act of 1876 
 c. 20, had never been enacted. 
 
 * So much of sec. 23 hereof as bound the corporation to satisfy and allow 
 to said James and Samuel Canby, their heirs or assigns, in paving and work 
 as thereinafter particularized, the sum of ten thousand dollars, and also the 
 
888 Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 Terms and con- 1st. The Said James and Samuel, their heirs or assigns, 
 
 ditiou. , 
 
 shall^ by a good and effectual deed, to be approved as to the 
 title and form by the Counselor of the City, convey to this 
 corporation, for the sole intent and purpose, and on the trust 
 that the same be forever kept and improved and embellished 
 as a public square, the piece of ground aforesaid, including 
 the portion of Vine street and the portion of Woodyear alley 
 projected and running through said piece of ground ; the 
 said James and Samuel, their heirs or assigns, in said deed 
 directing and assenting that said portions of Vine street and 
 Woodyear alley shall -be forever closed. 
 
 Description. 2d, To the cud that Lexington street, so far as it bounds 
 
 the square aforesaid, Fayette street in its whole length from 
 Gilmor street to Kepublican street, [now Carrollton avenue,] 
 Carey street from Lexington street to Baltimore street, and 
 Calhoun street from Lexington street to Baltimore street, shall 
 be severally widened fourteen feet ; the deed aforesaid shall 
 convey, cede and assure to the corporation, for the streets and 
 highways as aforesaid respectively, and so to be forever used, 
 seven feet in width of the ground along and bounding the north 
 side and the southern side of Lexington street, between Carey 
 street and Calhoun street, seven feet in width of the ground 
 along and bounding the northern side of Fayette street, be- 
 tween Gilmor street and Republican street, and like seven 
 feet in width of the same length of Fayette street of the 
 ground bounded by the southern side of Fayette street, seven 
 feet in width of the ground along and bounded by the eastern 
 side, and the same width of ground along and bounded by 
 the western side of Carey street, for the distance between 
 Lexington street and Baltimore street, and seven feet in width 
 
 24tli, 25th, 26th and 30th sections hereof were repealed by Ordinance No. 32, 
 April 13, '44 ; said repeal, however, not to affect any other part of the Ordi- 
 nance No. 47, April 23, 1839, which are declared to he in force. 
 
Squares, Springs and Monuments. 889 
 
 Article XLV. — Ordinances. 
 
 of the ground along and bounded by the eastern side of Cal- 
 houn street, and the same width of the ground along and 
 bounded by the western side of Calhoun street, for the dis- 
 tance between Lexington street and Baltimore street. 
 
 3d. That the said additions to said streets respectively, of Footways, 
 saicf pieces of ground of seven feet in width, shall be forever 
 kept as foot pavements of said streets respectively, and shall 
 be so conveyed by said deed ; and that by said deed the said 
 streets shall be ceded to this corporation, for the streets and 
 highways respectively. 
 
 4th. That the buildings to be erected on the eastern side Buiwings to be 
 of Carey street, and on the western side of Calhoun street, 
 between Lexington street and Fayette street respectively, 
 and on the northern side of Lexington street, between Carey 
 street and Calhoun street, and on the southern side of Fay- 
 ette street, between Carey street and Calhoun street, shall be 
 erected on a line distant from those streets respectively not 
 less than fifteen feet. 
 
 24. So soon as by the terms of any sale or sales, lease, ibid, §.8, 
 leases, or contract or contracts of lease, and other circum- provision for , 
 stances, that the Mayor shall be satisfied that the erection is '**^"'^' 
 insured of at least four dwelling houses of brick, each of at 
 least twenty-four feet front and three stories high, on each of 
 the pieces of ground of said James Canby and Samuel Canby, 
 opposite to each side of the square aforesaid, and fronting on 
 Fayette, Carey, Lexington and Calhoun streets respectively, 
 the said Mayor shall cause to be forthwith graduated and 
 paved the portion of streets bounding each side of the said 
 square, one-half the cost thereof to be at the expense of the 
 said James and Samuel Canby, their heirs or assigns, and to 
 be deducted from the purchase money aforesaid ; and also 
 Lexington and Fayette streets, from Republican to Carey 
 streets, should the amount of purchase money not be ex- 
 
890 Squares, Spring? and Monuments. 
 
 Article XLV. — Ordinances. 
 
 pended by the aforesaid grading and paving, and immediately 
 after sncli grading shall have been made, cause to be gradu- 
 ated and paved, such other streets on the property of the said 
 James and Samuel Canby, lying between Gilmor and Repub- 
 lican streets, as will amount to the balance, if any, of the 
 consideration to be given for the public square. 
 ibia,8. 4. 25. So far as the charge of said graduation and paving 
 
 charg'e for pav- shall cxtcud aud be claimable of said James and Samuel 
 
 ing- 
 
 Canby, their heirs or assigns, as owners of ground which 
 might be chargeable therewith, the same shall be allowed to 
 said James and Samuel, their heirs and assigns, in account of 
 the purchase money aforesaid, of ten thousand dollars, 
 ibiu.s 5 26. If within two years from the date of this ordinance 
 
 Time limited for there sliall uot havo been erected on the grounds bounding 
 
 improving. , - -i t /» 
 
 said square, at least sixteen dwelling houses of brick, each or 
 
 at least twenty-four feet front and three stories high, then 
 
 this ordinance may, at any time within six months from tlie 
 
 Ordinance may cxpiration of Said two ycars, be by this corporation declared 
 
 be repealed. 
 
 and ordered to be null and void, and thereupon shall so be- 
 come ; and then and in that event, any graduation and pav- 
 ing as aforesaid that shall have been made shall be paid and 
 be enforced as charges generally for paving maybe enforced ; 
 and the deed aforsaid of said James Canby and Samuel Can- 
 by shall have reference to the provisions of this section, so as 
 to declare the resulting liability aforesaid for such paving ; 
 and on this ordinance "being annulled as aforesaid, this cor- 
 poration shall re-convey and re-lease to said James and Sam- 
 uel, their heirs or assigns, the ground aforesaid that shall 
 have been conveyed by them to the corporation, exce])ting 
 only the pieces of ground of seven feet in width to be ceded 
 as aforesaid, and which it is hereby declared shall in any 
 event forever remain parts of the streets respectively afore- 
 said, which they shall be meant to widen ; the annulling of 
 this ordinance in other respects nowithstanding. 
 
Squares, Springs and Monuments. 891 
 
 Article XLV. — Ordinances, 
 
 I . . — - — ■ ■ — ■ 
 
 27. The said square shall be called Franklin Square, and iwa, s. e. 
 said piece of ground shall be forever kept as a public square ; To be caued 
 and as such be always kept by this corporation in good order, square. 
 and suitably improved and embellished, and the Mayor is 
 authorized to have the ground of said square properly levelled 
 
 and graduated, in reference to the streets leading thereto, ac- 
 cording to their grades as now established, or as he may have 
 the same established, as he is hereby authorized to do. 
 
 28. Fo soon as said deed from said James and Samuel ibid, s. 7. 
 Canby shall have been executed and delivered, the portions woodyear aiuy 
 
 and Vine street 
 
 aforesaid of Vine street and Woodyear alley, extending closed, 
 through the ground of said square, shall be and remain for- 
 ever closed, and never liable to be opened as parts of said 
 street and alley respectively. 
 
 29. The deed to be executed as aforesaid shall have refer- ibid, s. s. 
 ence to each and every provision of this ordinance, in general contract, 
 terms or specially, so that each provision hereof shall appear 
 
 to be adopted as part of the contract between the corporation 
 and said James and Samuel Canby, for and in re8})ect of the 
 acquisition and convenience of said ground as a public square 
 aforesaid. 
 
 .30. If at any time hereafter, on the application of said ibid, a. 9. 
 James and Samuel Canby, or either of them, or the heirs or Terms of sale 
 
 J- 1 ' /• 1 ■ 1 •»«• 1 • • "' property to 
 
 assigns 01 them, or any 01 them, to the Mayor, gnbmitting h« submitted to 
 fur his consideration any sale or sales, lease or leases, or con- 
 tract or contracts therefor, within the terms and for the pur- 
 poses of section 24 of this ordinance, the Mayor shall certify 
 to the parties so submitting his being satisfied, as provided 
 by said section 24, in reference to the object there mentioned ; 
 and il within six months after such favorable certificate of 
 the Mayor, the acts required of this corporation by section 
 27 shall not have been performed by said corporation, then 
 this ordinance shall be null and void, and likewise the deed 
 
892 Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 
 to be executed as aforesaid by said James and Samuel Canby^ 
 and the ground thereby conveyed to the corporation shall by 
 it be re-conveyed and returned to said James and Samuel, 
 their heirs and assigns ; and the said James and Samuel, 
 their executors, administrators and assigns, shall then be 
 bound to repay to said corporation all sums of money that 
 shall have been expended by it, or for which it shall have be- 
 come liable, in relation to said square, under section 27. 
 
 Ibid, s. io. 31 . Woodyear alley, from Fayette street to Park land, and 
 
 Certain streets ft'om Lcxiugtou strcct uortli to tlic outUne of the land of 
 James and Samuel Canby, and Vine street, from Carey street 
 to Stockton alley, and from Calhoun street to Norris alley, 
 shall be and forever remain closed, so as to allow a uniform 
 and unbroken front opposite each front of the public square. 
 
 No. 32, Apr. 13, 32. Ordinance No. 32, April 13, 1844, enacted the follow- 
 Preambie. ing : Whcrcas, Franklin Square has been laid out under the 
 provisions of the ordinance to which this is a supplement ; 
 and whereas, from lapse of time and other causes it has be- 
 come impracticable fully to carry out the provisions of the 
 original ordinance, and it has therefore been agreed by and 
 between James and Samuel Canby on the one part, and the 
 Mayor and City Council of Baltimore on the other, to sub- 
 stitute the terms and conditions hereinafter set forth for those 
 in the said original ordinance, so far as the same are incon- 
 sistent with or supplied by the provisions of this supplement. 
 
 Ibid, s. 1. 33. As soon as the Mayor of the City of Baltimore shall 
 
 Performance of be Satisfied that James and Samuel Canby have at their own 
 expense well and sufficiently paved the whole of the streets 
 left open around Franklin Square, including the corners 
 thereof, and that four three-story houses of brick, not less 
 than twenty-three feet front and forty feet deep, have been 
 erected either on Lexington or Fayette streets, between Re- 
 publican street and Franklin Square, or on Calhoun or Carey 
 
Squares, Springs and Monuments. 893 
 
 Article XLV. — Ordinances. 
 
 streets, between Baltimore street and Franklin Square ; and 
 the said James and Samuel Can by shall have executed and 
 delivered to the Mayor the deed hereinafter provided for, it 
 shall and may be lawful for the said Mayor to direct the 
 Register of the City to pay over to the said James and Samuel 
 Canby the sum of two thousand five hundred dollars, out of 
 any money in the treasury not otherwise appropriated ; and 
 as soon as four other similar houses, making in all eight, 
 shall have been in like manner erected on any of the said 
 parts of either of the said' streets, it shall and may be lawful 
 for the Mayor to direct the Register of the City to pay over 
 to the said James and Samuel Canby another sum of two 
 thousand five hundred dollars, out of any money in the trea- 
 sury not otherwise appropriated ; and as soon as four other 
 similar houses, making in all twelve, shall have been in like 
 manner erected on any of the said parts of either of the said 
 streets, it shall and may be lawful for the Mayor to direct 
 the Register of the City to pay over to the said James and 
 Samuel Canby a third sum of two thousand five hundred 
 dollars, out of any money in the treasury not otherwise ap- 
 propriated ; and as soon as four other similar houses, making 
 in all sixteen, shall have heen in like manner erected on any 
 of the said parts of either of the said streets, it shall and 
 may be lawful for the said Mayor to direct the Register to 
 pay ovet to the said James and Samuel Canby a fourth sum 
 of two thousand five hundred dollars— making in all the 
 gross sum of ten thousand dollars ; and it shall be the duty 
 of the Register, whenever directed by the Mayor so to do, to 
 pay over to the said James and Samuel Canby the said several 
 sums of money. 
 
 34. Before any part of said sums of money shall be paid ibid, ». 2. 
 to the said James and Samuel Canby, they shall execute, Deed, 
 acknowledge and deliver a deed to the Mayor and City Coun- 
 cil of Baltimore, in a form to be approved by the Counselor of 
 
894 
 
 Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 
 the City of Baltimore, whereby they shall convey Franklin 
 Square aforesaid to the Mayor and City Council of Baltimore, 
 by a good and sufficient title in fee simple, freed from all in- 
 cumbrances, and also to the ten thousand dollars in paving, 
 stipulated for in the ordinance to which this is a supplement, 
 and to all claims of expenses or damages for opening the 
 streets bounding or leading to the said square on which houses 
 are to be erected according to the provisions of this supple- 
 ment, or for paving in front of the said square, and shall 
 signify their full assent and consent to this supplement, and 
 every provision therein contained, and to the ordinance to 
 which this is a supplement, except so far as it is repealed or 
 modified by this supplement. 
 
 Ibid, s. 3; No. 35. No house of a less front than twenty four feet, and 
 
 29, June 7, '69. • l, • u 
 
 Description of depth uot less than forty feet, or less than three stories high, 
 shall ever be erected in any of the streets binding Franklin 
 Square, opposite to any of the four sides of said square ; pro- 
 vided, that the said provision shall not apply to the north side 
 of Lexington street opposite said square. No house shall be 
 erected on the said north side of Lexington street, opposite 
 Franklin square, with a front of less than twenty-one feet six 
 inches, or depth of less than forty feet, or less than three stories 
 high.* 
 
 Houses on 
 north side of 
 Lexington 
 street. 
 
 * Ordinance No. 17, April 18, 1861, recited that the front of ground lying 
 on the north side of Lexington street, between Carey street and Calhoun 
 street, opposite to Franklin Square, is 334 feet, which, if improved with 
 houses of 24 feet front, would leave a vacant lot of 22 feet, which could not 
 be improved under the provisions of the ordinance to which this is a supple- 
 ment ; therefore it enacted that the owners of the ground on the north side 
 of Lexington street, between Carey and Calhoun streets, are hereby per- 
 mitted to improve the said ground with houses of a front not less than 28 
 feet 10 inches each ; provided, that before making the said improvement, 
 the written consent thereto shall be given by James Oanby and Samuel 
 Canby, their heirs and assigns, and of all persons claiming under them, or 
 either of them, and that said written consent shall be approved by the City 
 Counselor, and filed with the Register of the City, the consent hereby 
 
Squares, Springs and Monuments. . 895 
 
 Article XLV.— Ordinances. 
 
 HARLEM SQUARE* 
 
 36. There shall be annually appointed, as other city oflBcers No. es, May so, 
 are appointed, a keeper for Harlem Square, who shall possess Keeper, 
 some knowledge of gardening. The compensation of the 
 keeper of said square shall be three hundred and fifty dollars compeMation. 
 per annum, payable monthly. 
 
 given being so given only to the extent the Mayor and City Council may 
 lawfully give without interfering with their rights in Franklin Square. 
 
 The railways around Franklin Square were removed under Resolutions 
 No. 360, Oct. 3, 1874, and No. 22, Jan. 2, 1875, and No. 387, June 30, 1875. 
 
 * By Ordinance No. 21, March 4, 1876, the name Harlem Square was 
 changed to Harlem Park. 
 
 By Ordinance No. 9, Feb. 29, 1868, the Mayor was authorized to accept 
 from the estate of the late Dr. Thomas Edmondson, a deed in fee of a square 
 of ground in the city of Baltimore, bounded on the west by Gilmor street, 
 on the east by Calhoun street, on tlie south by Thompson street, and on the 
 north by Adams street, the location of Adams street being changed as here- 
 inafter provided, between Gilmor and Carey streets ; and when the square 
 should be accepted as aforesaid, it shall b* and is hereby declared to be a 
 public square forever, to be known as Harlem Square, and as such subject 
 to the ordinances and regulations of the iSIayor and City Council of Balti- 
 more. 
 
 In order that the above mentioned square may be properly proportioned, 
 tmd made capable of the most judicious improvement, the location of Adams 
 street, as the same is laid down in Poppleton's plat of the city of Baltimore, 
 is hereby changed through the property belonging to the estate of the late 
 Dr. Thomas Edmondson, between Gilmor street and Carey street, so that 
 the south line of Adams street shall be four hundred and fifty feet nine 
 inches from the northern side of Thompson street. 
 
 In order that the area included within the boundaries of the said square 
 may be preserved entire in the most advantageous manner for the use of 
 the public, Strieker street, between Thompson street and Adams street, ac- 
 cording to the changed location of the later, is hereby declared to be closed, 
 so that the bed thereof may be included within the square aforesaid. 
 
 And by Ordinance No. 20, April 4, 1868, the Mayor was authorized to ac- 
 cept from the estate of the late Dr. Thomas Edmondson, a deed in fee of the 
 beds of the following streets, lying within the limits of the property owned 
 by the said estate within the limits of said city, that is to say : Thonipson 
 street, from Dorsey's lane to the eastern boundary of said Edmoudson's 
 
896 Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 
 JACKSON SQUARE. 
 No. 109, June 9, 37. The Major is authorized to appoint iu the usual man- 
 commissioners, ner, three citizens, of proper character and discretion, as Com- 
 missioners for Jackson Square, who shall have authority to 
 protect and care for said Jackson Square, and who shall serve 
 without compensation. 
 No. 96, May 20, 38, There shall be annually appointed, as other city 
 Keeper. officcrs are appointed, a keeper of Jackson Square, bounded 
 
 by Jackson Square avenue and Fayette street and east Broad- 
 way, whose duty it shall be to keep said square iu proper 
 order, and he shall receive for such services an annual salary 
 Salary. of three hundred and fifty dollars. 
 
 JOHNSTON SQUARE.* 
 No. 38, Mays, 39. By Ordinance No. 38, May 3, 1878, the Comptroller is 
 Boundaries. directed and empowered to purchase the lot of ground bounded 
 by McKim, Valley, Biddle and Chase streets, to be used as a 
 public square. « 
 
 LAFAYETTE SQUARE. 
 
 No. 78, May 19, 40. The Salary of the keeper of Lafayette Square is hereby 
 Salary. fixcd at the sum of three hundred and fifty dollars per annum. f 
 
 property, near Carey street; Adams street, from Dorsey's lane and accord- 
 ing to its clianged location to said last named boundary ; Lanvalc street, 
 from Dorsey's lane to said last named boundary ; Carey street, from Frank- 
 lin street to the northern boundary of said Edmondson's property, between 
 Lanvale and Townsend streets ; Calhoun street, between the limits last afore- 
 said ; Strieker street, between Franklin and Thompson streets, and between 
 Adams street, according to its changed location, and the northern boundary 
 of the Edmondson property aforesaid ; and Mount street, between the land 
 belonging to the heirs of the late John I. Donaldson and the last named 
 northern boundary ; and also all the beds of all the alleys laid down within 
 the limits of the Edmondson property aforesaid, upon a map thereof, tiled 
 with the Register of the City. 
 
 * Called Johnston Square by Ordinance No. 77, June 38, 1878. 
 
 t By Ordinance No. 34, April 28, 1857, the Commissioners of Finance were 
 duly authorized to purchase from Aaron Hoffman and others, the square of 
 
Squares, Springs and Monuments. 897 
 
 Article XLV. — Ordinances. 
 
 MADISON SQUARE. 
 
 41. By Ordinance No. 27, April 6, 1853, the CominiBsioners No. vr, s. i, 
 
 '' > r 5 J Apr. 6, '53. 
 
 of Finance were duly autiiorized to purchase from Archibald Location of 
 
 square. 
 
 Stirling the square of ground bounded by Chase, Caroline, 
 Eager and Eden streets, for the sum of thirty thousand dol- 
 lars. 
 
 42. The square of ground in section 41 hereof directed to ibid.s. s. 
 
 be purchased, is from this time forth and ever afterwards here- condemned for 
 by condemned and appropriated for a public square. 
 
 MOUNT VERNON PLACE. 
 
 43. It shall not be lawful for any person to erect or set up no.59, r.o. 
 any portico, steps, or any other ornamental structure whatever. Porticoes. steps, 
 on Mount Vernon Place, a greater distance into the place than °'' '^^" * ^ ' 
 nine feet, measuring from the building line thereof.* 
 
 ground bounded by Townsend, Lanvale, Republican [now Carrol Iton ave- 
 nue.] and Oregon streets, for a public square, called Lafayette Square. 
 
 The Commissioners of Finance were directed by said ordinance to accept 
 said square of ground, with the agreement to expend fifteen thousand dollars, 
 or so much thereof as might be necessary, to grade the square, and grade and 
 pave all the streets which bind on said square, and also the streets adjacent 
 to the square; the grading and paving to be done under the super- 
 vision of the City Commissioner. 
 
 The square of ground described in the first section hereof, and directed 
 to be purchased, is from and ever after the approval of this ordinance con- 
 demned and appropriated for a public square. 
 
 When there should be six houses of not less than twenty feet front each, 
 built on that part of each of the streets fronting on Lafayette Square, then 
 the Mayor was authorized to have said Lafayette Square railed in 
 with a good and substantial fence, and also to have the necessary grading 
 done. 
 
 The iron railings around Lafayette Square were removed under Resolution 
 No. 256, May 8, 1873. 
 
 * The above ordinance recited the Act of 1833, c. 180, which provided : 
 that the Mayor and City Council of Baltimore are hereby empowered to 
 
898 Squares, Springs and Monuments. 
 
 Article XLV. — Ordinances. 
 
 SQUAEES AROUND WASHINaTON MONUMENT. 
 
 No. 135, S.I, 44. The Mayor shall annually appoint, subject to confir- 
 Commissioners. matioD by the City Council, three commissioners, who shall 
 Powers. serve without pay, and who shall have all necessary power to 
 
 design, adopt and carry out any measures they may deem ad- 
 visable for the improvement of the public squares around 
 Rules. Washington Monument, and to establish such rules and regula- 
 
 tions as may in their judgment be necessary for the proper 
 preservation of said squares.* 
 
 PARK PLACE. 
 No. 100, May 45. The Mayor is hereby authorized to appoint in the usual 
 
 31 '75 J • » 
 
 Commissioners, manner, annually, three citizens of proper character and dis- 
 cretion, as commissioners, who shall have authority to protect 
 and care for the public square in the northern section of the 
 city, known as Park Place, and who shall serve without cora- 
 pensation.f 
 
 pass ordinances regulating the limits within which it shall be lawful to erect 
 steps, porticoes or porches, or other architectural ornaments to houses front- 
 ing on Mount Vernon or Washington Place, in the city of Baltimore. 
 
 * By this ordinance the commissioners were authorized to cause the iron 
 railings enclosing said squares, and the brick sidewalks around the 
 same to be removed, and the several squares to be extended in area to the 
 kerbstone ; and to take such measures to lay off walks through said squares, 
 and make such other adornments and improvements in and about the same 
 as they might deem advisable ; and the City Commissioner and the Inspec- 
 tor of Buildings were directed to reu'^er such assistance to the commissioners 
 as they might from time to time require of them. 
 
 t By Ordinance No. 66, July 33, 1860, the Commissioners for Opening 
 Streets were directed to close Grundy street (now Park avenue,) between 
 McMechen and Laurens streets, and Foster alley, from McMechen to 
 Wilson street, and Jenkins alley, from McMechen to Laurens street, 
 provided, that before the said commissioners proceeded to exercise the 
 duties hereby required of them, the applicants to close said street, or some 
 of them, should execute and deliver clear of exi)ense, or cause to be executed 
 and delivered clear of expense, to the Mayor and City Council a deed in fee, 
 for the following pieces or parcels of ground, viz : All that strip or parcel 
 
Squares, Springs and Monuments. 899 
 
 Article XLV. — Ordinances. 
 
 PERKINS' SPRING SQUARE. 
 
 46. The Mayor shall appoint, at his discretion, and remov- No. w, April 3, 
 able at his pleasure, three commissioners for Perkins' Spring commisgionera. 
 Square, located at the junction of George street and Chatsworth 
 
 street, [now Myrtle avenue] to be selected from among the 
 residents of the vicinity of said square, who shall serve without 
 compensation. Said commissioners shall have all the powers Powers and 
 
 , , duties. 
 
 conferred by and perform all the duties required of commission- 
 ers of squares under sections 3 to 7 of this article. 
 
 47. There shall be appointed annually, as other city oflSoers no. 20, Feb. 15, 
 are appointed, a keeper for Perkins' Spring Square, who shall Keeper, 
 receive as compensation the sum of three hundred and fifty 
 
 dollars per annum, monthly.* 
 
 PUBLIC WALK ON OLIVER STREET. 
 
 49. The centre part of Oliver street, to the width of thirty No. se, June 29, 
 feet, between Dolphin street and North avenue, is hereby centre part of 
 
 J , ••111.,. Oliver street r&. 
 
 reserved, to be maintained by the city tor an almeda or pub- served for an 
 
 •> •/ "^ almeda or pub- 
 
 lic walk, leaving a public way or street bed on each side of i»<=waik. 
 
 said almeda of thirty-five feet in width, and a foot way on each 
 
 of ground as laid down on an accompanying plat, (made a part of the or- 
 dinance,) between McMechen and Laurens streets, one hundred and fifty 
 feet wide, to be called Park Place, and to be kept and preserved as a public 
 square forever ; and two several pieces and parcels of land, eighteen feet 
 wide, and distant from each side of said park one hundred and thirty feet — 
 the one to be called Jenkins alley, running from McMechen to Laurens 
 street ; the other to be called Foster alley, and running from McMechen to 
 Wilson street, as laid down on the said plat. 
 
 * By Ordinance No. 300, October 1, 1872, the City Comptroller was au- 
 thorized to lease for public use that portion of the Perkins' Spring property 
 located within the following bounds, not 'leased : on the west by Ogston 
 street, on the south by George street, and on the northeast by Myrtle avenue, 
 at a rate not to exceed four dollars and a-half per front foot for the building 
 lots contained within said bounds, and with the right reserved to purchase 
 at six per cent, capitalized at the convenience of the city. 
 
900 
 
 Squares, Springs and Monuments. 
 
 Article XLY. — Ordinances. 
 
 Proviso. side of said public way of twelve and a half feet ; provided, 
 
 that said improvement shall be made when eight houses of not 
 less than eighteen feet front shall have been erected on each 
 square. 
 
 PROSPECT SQUARE. 
 
 No. 27, Feb. 28. 49. Bv Ordinance No. 27, Feb. 28, 1859, the City Oommis- 
 
 »59 ; No. 85, Mav 
 20, '69. 
 
 Boundaries. 
 Name. 
 
 No. 22, April 9, 
 '47. 
 
 Preamble. 
 
 Ibid, s. 1. 
 Deed. 
 
 Conditions. 
 
 Fountain. 
 
 sioner was authorized to lay out a square of ground, octagon 
 form, twenty-two feet in diameter, at the intersection of Har- 
 ford avenue, Britton and Ensor streets, to be known as Pros- 
 pect Square, and to have the same enclosed with a suitable iron 
 railing. 
 
 UNION SQUARE. 
 
 50. Ordinance No. 22, April 9, 1847, enacted inter alia 
 the following: Whereas, the proprietors of a piece of ground 
 bounded by Grilmor and Strieker streets, and Hollins and Lom- 
 bard streets, have offered to convey the same to the Mayor and 
 City Council of Baltimore, for a public square, in considera- 
 tion of and subject to the terms and conditions hereinafter 
 mentioned ; and whereas, said offer has been accepted by this 
 corporation; therefore, 
 
 51. So soon as said proprietors shall by a deed, to be ap- 
 proved by the City Counselor, convey to this corporation, for 
 the sole intent and purpose, and on the trust that the same be 
 forever kept and improved and embellished as a public square, 
 the piece of ground aforesaid, together with all their right, 
 title and interest in and to the waters proceeding from the 
 springs which have their sources in said piece of ground ; it 
 being understood and conditioned, however, that said waters 
 shall be collected and discharged in the first instance, without 
 limitation, from an ornamental fountain, to be erected within 
 the square, and thence conducted off, under the beds of the 
 streets ; and shall further, for the purpose of enlarging to 
 eighty feet the width of the following named streets leading to 
 
Squares, Springs and Monuments. 901 
 
 Article XLV. — Ordinances. 
 
 the square, namely: Hollins and Lombard streets, between streets. 
 Calhoun and Gilmor streets, and Strieker and Gilmor streets, 
 between Baltimore and Pratt streets, convey, cede and assure 
 to this corporation, in addition to the beds of said streets as 
 laid down on the city plat, seven feet on each side of the same, 
 to be added to and forever kept as a part of the foot pavements 
 of said ptreets respectively ; the Mayor is authorized to have 
 the same enclosed with a suitable iron railing, and to have the ironraUing. 
 ground of said 'square properly levelled and graduated in re- 
 ference to the streets leading thereto, according to their grades 
 as established, or as hereafter may be established, and to have 
 the said ground planted with trees and shrubs. 
 
 52. The said square shall be called Union Square, and the ibid, a. 2. 
 said piece of ground shall be forever kept as a public square, N«me. 
 and as such be always kept by this corporation in good order, 
 and suitably improved and embellished ; and the Mayor is 
 hereby authorized and required, in conjunction with the City 
 Commissioner, to cause an ornamental structure of a suitable 
 character, considered with reference to the general style of 
 the improvements herein provided for, to be erected over the 
 fountain from which the waters of the spring shall be die- Founuin. 
 charged.* 
 
 * By Ordinance No. 38, April 18, 1849, the Mayor and Register were au- 
 thorized to sell the right to all surplus water arising from the public fountain 
 in Union Square, to the president and directors of the Baltimore and Ohio 
 Railroad Company. 
 
902 
 
 Stocks, Loans and Finance. 
 
 Article XL VI. 
 
 ARTICLE XL VI. 
 
 STOCKS, LOANS AND FINANCE. 
 
 statutes 
 
 1. Corporation may issue certifi- 
 
 cates of stock : amount. 
 
 2. Levy. 
 
 3. Corporation may increase public 
 
 debt, issue bonds, &c. : to 
 create sinking fund : levy. 
 
 4. Investments by Commissioners 
 of Finance of sinking fund in 
 ground rents payable by 
 Mayor and City Council : mer- 
 ger. 
 
 ORDINANCES 
 
 CERTIFICATES OF STOCK. 
 
 1. City certificates : form. 
 
 2. Amounts: fractional parts. 
 
 3. Duty of Register: City Coun- 
 
 selor. 
 
 4. Stock lists : transfer books, when 
 
 closed. 
 
 5. Renewal of certificates: to be 
 
 advertised. 
 
 6. Applicant for to make oath be- 
 
 fore Mayor. 
 
 7. Identity of applicant. 
 
 DEPAKTMENT OF FINANCE. 
 
 8. How constituted. 
 
 9. Vacancy filled by Mayor. 
 
 10. Pledge for redemption. 
 
 11. Interest to be included in appro- 
 
 priation bill. 
 
 12. City debt, how to be discharged. 
 
 13. Certain moneys to be invested in 
 
 city stocks, or deposited in 
 bank : sinking fund : report 
 to Council. 
 
 14. Commissioners to lease city pro- 
 
 perty pledged for redemption 
 of public debt : provisos. 
 
 15. Nature of debt of corporation : 
 
 real estate, &c., set apart for 
 payment of public debt and 
 interest. 
 
 16. Commissioners of Finance to 
 
 open books of account : report 
 to Council : duties of Deputy 
 Register. 
 
 SINKING FUNDS AND FUNDING 
 FLOATING DEBTS. 
 
 17. Investments by Commissioners 
 
 of Finance. 
 
 18. Certificates of what loans can- 
 
 celled. 
 
 19. Consolidation of city stock. 
 
 20. Accounts for sinking funds. 
 
 21. Consolidation: exchange of 
 
 stock : sinking fund. 
 
 22. Issue of city stock. 
 
 23. $1,700,000 funded. 
 
Stocks, Loans and Finance. 
 
 903 
 
 Article XL VI.— Statutes. 
 
 24. $300,000 funded. 
 
 25. $800,000 funded. 
 
 26. Consolidation of sinking funds. 
 
 27. $2,000,000 funded : how proceeds 
 
 from sale applied. 
 
 28. Bonds : State taxes. 
 
 STOCKS. 
 
 29. Almshouse. 
 
 30. City Hall. 
 
 31. Court-house and Division. 
 
 32. Defence and Bounty. 
 
 33. Harbor. 
 
 34. Jail. 
 
 35. Jones' Falls. 
 
 36. Park. 
 
 37. Water and Gunpowder River. 
 
 LOANS, ENDORSEMENTS, &C. 
 
 38. Baltimore and Ohio Railroad. 
 
 39. Northern Central Railway, &c. 
 
 40. Northwestern Virginia Railroad. 
 
 41. Pittsburg & Connellsville Rail- 
 
 road, 
 
 42. Union Railroad. 
 
 43. Virginia Valley Railroad. 
 
 44. "Western Maryland Railroad, 
 
 45. Hillen Station, 
 
 SUBSCRIPTIONS AUTHORIZED BY 
 ACTS OF ASSEMBLY. 
 
 Maryland and Delaware Ship Canal. 
 Baltimore, Chesapeake and Delaware 
 Bay Railroad. 
 
 STATUTES. 
 
 1. The Mayor and City Council may, for the purpose of p. l. l., art. 4, 
 
 sec, 866 . 
 
 promoting or effecting any great or permanent improvement, corporation 
 
 issue stock in certmcates oi an amount not less than one nun- tificates of stock 
 
 dred dollars each, transferable only in person or by letter of 
 
 attorney, in books to be kept for that purpose in the oflBce of 
 
 the Register of the City ; or may borrow money on the credit 
 
 of the corporation ; provided, the amount of stock so created 
 
 and issued, or money borrowed, shall at no one time exceed 
 
 one million of dollars, exclusive of all debts created under Amount. 
 
 special Acts of Assembly for the purposes in the said acts 
 
 specified.* 
 
 2. They may levy upon the assessable property within the iMd, sec. ser. 
 city, and collect by tax any sum which may be necessary to Levy. 
 
 pay and discharge the principal and interest of any loan which 
 may heretofore have been obtained, or which may hereafter be 
 obtained, by said corporation according to law. 
 
 * See Const., Art. 11, sec. 7, p. 6, ante. 
 
904 Stocks, Loans and Finance. 
 
 Article XL VI.— Statutes. 
 
 1861, c. 75. 3. The Mayor and City Council of Baltimore are hereby 
 
 Corporation authorized and empowered to increase, in case they shall deem 
 
 may Increase 
 
 sue bonds'' &!f" ^^ necessary so to do, the public debt of said city, to the extent 
 of not more than one million five hundred thousand dollars 
 beyond the amount above authorized ; and to issue for said in- 
 creased debt the bonds or notes or other evidences of debt of 
 
 To create sink- Said city. The Mayor and City Council of Baltimore shall 
 
 ing fund, 
 
 create a sinking fund to meet the liabilities to be incurred 
 May levy. uodcr this law, and may also levy upon the assessable pro- 
 perty of the city of Baltimore, from time to time, such sum 
 or 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 neces- 
 sary to carry out the purposes of the same. 
 
 1876, c. 167. 4. Whenever the Commissioners of Finance of the City of 
 
 Investments by Baltimore shall be authorized by the Mayor and City Council 
 
 Commisxioners ^tii- • ^ i • i-i-^j 
 
 of Finance of 01 Baltimore to invest moneys belonginfir to the sinking lund 
 
 sinking fund in ^ ./ o d o 
 
 pavTwe'^r'* of said city, in annuities or ground rents, reserved out of the 
 SncT*^ ^''^ lands leased to the Mayor and City Council of Baltimore, and 
 payable by the said corporation, the said commissioners may 
 purchase such rents or annuities and the reversions of such 
 lands, and the conveyances thereof taken may be made to the 
 Mayor and City Council of Baltimore, in trust for the benefit 
 and purposes of the said sinking fund, and in every such case 
 Merger. such convcyanco shall not work a merger of the lease or term, 
 
 but, until otherwise provided by law, the rent or rents shall 
 continue to be payable by the Mayor and City Council of Bal- 
 timore 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 ap 
 plied. 
 
I 
 
 Stocks, Loans and Finance. 905 
 
 Article XL VI. — Ordinances. 
 
 ORDINANCES. 
 
 CERTIFICATES OP STOCK. 
 
 1. Certificates of city stock shall be issued in the following No.6,8.3, r. 
 
 form, viz : per cent, stock of the city of Baltimore, No. citycertmcateB. 
 
 , dollars, Baltimore. Tjiis is to certify, that Form. 
 
 the corporation of the city of Baltimore is indebted to , 
 
 in the sum , redeemable , and until so redeemed, 
 
 bearing interest at the rate of per centum per annum, 
 
 payable yearly on the first days of and . 
 
 This certificate is only transferable at the Mayor's office, in 
 person or by attorney, and the delivery of the certificate to the 
 transferee. In testimony whereof, and in virtue of an ordi- 
 nance of the city of Baltimore, I, the Mayor, have hereto set 
 
 my hand and affixed the seal of the corporation, this day 
 
 of , 18 — , , Mayor. Countersigned and recorded 
 
 by , Register. 
 
 2. All certificates of stock shall be issued in sums of one i^id, s. 4; No. 
 
 42. June 17, '67. 
 
 hundred dollars and equal multiples thereof, and they shall Amounts, 
 ouly be transferable at the Mayor's office, in the presence of 
 the Mayor or Register, by the proprietor or proprietors there- 
 of, or his, her, or their legal representatives. In case of the 
 presentation for transfer of certificates of stock calling for 
 fractional parts of one hundred dollars, the Commissioners of Fractional 
 Finance may purchase the said fractional parts for the use of 
 the sinking funds ; or if the holder or holders prefer, they 
 may upon his, her or their paying the difi'erence to the Com- 
 missioners of Finance, issue a certificate or certificates in the 
 manner and form as herein provided. 
 
 3. Before the Register shall issue any certificate of stock. No. 6,8.6, r.o. 
 he shall receive the money for which the same mav be issued, outyof aegis- 
 
 " ter. • 
 
 and shall proceed to apply the said money to the purposes for 
 which the issue of certificates was authorized, unless otherwise 
 
906 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 provided for bv any special ordinance, in which case it shall be 
 the duty of the Register to obtain the written opinion of the 
 City Counselor. City Counselor to that eflfect previous to issuing any certifi- 
 cate of stock required by such special ordinance. 
 
 Ibid, s, 6. 4. It shall be the duty of the Register to open and keep 
 
 stock lists. regular and correct loan books for the registry and transfer of 
 
 city stock, and under the direction of the Commissioners of 
 
 Finance, to make up lists of its proprietors in time for the 
 
 punctual payment of the interest, and to pay and take receipts 
 
 Transfer books, thercfor, and for these purposes the transfer books shall be 
 
 when closed. 
 
 closed twenty days previous to each day on which the interest 
 is made payable. 
 
 Ibid, 8. 7. 5. In all cases of application for renewal of certificates of 
 
 Renewal of cer- the stock debt of the city of Baltimore, where said certificates 
 may have been lost or destroyed, the person making such ap- 
 Tobeadver- plicatiou shall givc at least sixty days' notice by publication 
 once a week, in two of the daily newspapers published in the 
 city of Baltimore, describing such certificate or certificates, 
 and at the same time declaring his or her intention to make 
 such application. 
 
 Ibid, s. 8. 6. The Register shall, before he issues such duplicate cer- 
 
 Appiicantto tificatc OT Certificates, rcQuire the person makino^ such appli- 
 
 makeoathbe- . . 
 
 fore Mayor. catiou to make oath before the Mayor of the City of Baltimore, 
 that such certificate or certificates were lost or destroyed ; the 
 "N circumstances, if any, under which said certificate or certifi- 
 
 cates were lost or destroyed, and shall also be satisfied that he 
 or she is the owner, agent or representative of the owner of 
 said certificate or certificates. 
 
 Ibid, s. 9. 7. If the Register shall not, from the evidence before him 
 
 Identity of ap- as Contained in section six of this ordinance, be satisfied of the 
 
 plicant. 
 
 identity of the person, or from the circumstances that such 
 certificates are actually lost or destroyed, then he shall require 
 the person making such application to enter into a bond, with 
 
I 
 
 Stocks, Loans and Finance. 907 
 
 Article XL VI. — Ordinances. 
 
 security to be approved by him, in double the amount of such 
 certificate, or at the option of said person to refer the subject, 
 together with the evidence in his possession, to the next ses- 
 sion of the City Council. 
 
 DEPARTMENT OF FINANCE. 
 
 8. There shall be annually elected, by a convention of both no. b. 8, i, r. 
 
 '' ' •' O ; No. 2(i, Mar. 
 
 )ranches of the City Council, two persons of experience and 27, '7a. 
 intesrrity, to be known as Commissioners of Finance, who in how consti- 
 
 ^ *" _ tuted. 
 
 conjunction with the Mayor shall constitute the Department 
 of Finance. 
 
 9. In case of vacancy by death or resignation, it shall beiwd, s.a. 
 the duty of the Mayor to supply such vacancy, and the person vacancy aiied 
 or persons thus appointed by tiie Mayor shall remain in office 
 
 until an election by a convention as aforesaid shall have taken 
 place. 
 
 10. The faith of the corporation and its corporate property No. e, s. 10, r. 
 are hereby pledged for the redemption of its stock and payment piedge for re- 
 
 c • 1 1 •i' J • L demption Of 
 
 of interest thereon, at such times as may be specified in the stock, 
 ordinances authorizing the same. 
 
 11. Such sum as may be necessary for the payment of the iwd, a 12. 
 interest on the public debt shall be included in the appropri- interest to be 
 
 included in ap- 
 
 ation bill of each and every year. propriationbiii. 
 
 12. All such payments as may be necessary to enable the ibid, s. 13 
 said commissioners to discharge or reimburse any demands city debt, how 
 
 ,1 •, /. , . . T . n I to be dis- 
 
 against the city on account ot the principal or interest 01 the charged, 
 debt, which shall be actually due in conformity to the engage- 
 ments of the city, shall be made at such times in each year 
 as will enable the commissioners faithfully and punctually to 
 comply with such engagements. 
 
 13. The Commissioners of Finance shall invest in city iwd, s. u. 
 stock all moneys in their hands, or to their credit in bank, re- 
 ceived for the sale or rent of city property, pledged for the 
 
908 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Certain moneys redemption of the public debt ; and shall also invest all 
 
 to be invested /> i • , /. 
 
 in city stocks monevs that may hereafter be received from the above men- 
 
 or deposited in '■' "^ 
 
 bank. tioned sources, as well as all interest accruing thereon from 
 
 time to time, and have the transfers made in the name of the 
 Commissioners of Finance, and also have stamped on the face 
 of each and every certificate by them purchased the words 
 Sinking Fund. "Sinking fuud uot to be re-issued," and report to the City 
 ReporttoCoun- Council in the first week of its annual session the amount 
 purchased, and the dates and prices at which they were pur- 
 chased, and exhibit their books and the certificates of stock 
 by them purchased during the preceding year, to the commit- 
 tee appointed on their accounts, which committee shall endorse 
 all certificates of stock, if correct, and report to the City 
 Council. \ 
 
 Ibid, s. 17. 14. The Department of Finance shall, whenever in their 
 
 Commissioners opiuiou it is cousistcnt with the interest of the city, lease any 
 property piedg- part or parccl of the public property belonging to the city, which 
 
 ed for redemp- p i i i i /» i 
 
 tion of public is now or may hereafter be pledged for the rederaplion or the 
 public debt, and apply the proceeds of such leases exclusively 
 
 Provisos. towards the object of the sinking fund ; provided, that in no 
 
 case shall any lease be made without the approbation and con- 
 sent of the Mayor, who is hereby authorized to execute the 
 necessary conveyances to the lessees; provided, also, that the 
 same shall be ofi*ered at public aution, after ten days' notice 
 previously given in two or more of the daily papers of the 
 time and place of such sale, and leased to the highest bidder 
 for ninety-nine years renewable forever, or for a shorter period, 
 should such bids, in the opinion of said board, be for the in- 
 terest of the city to accept; and provided, further, that one- 
 fourth of the principal that would accrue at six per cent, upon 
 the bids agreed upon, be first paid in cash, or satisfactorily 
 secured, and the balance, three-fourths, be placed on lease for 
 the time and agreeably to conditions named in said advertise- 
 ment or promulgated at the place of sale ; and provided 
 
Stocks, Loans and Finance. 909 
 
 Article XL VI. — Ordinances. 
 
 further, that nothing in this section shall be construed to relate wharves, 
 to the public wharves of the city. 
 
 15. The greater portion of the existing debt of the cor- No. 28, March 
 poration was created for and represents investments in real Nature of debt 
 
 of corporation. 
 
 estate, and in the stocks, bonds and other obligations of in- 
 ternal improvement companies, yielding a large income ; and 
 it is proper that such investments and the income derived 
 therefrom, shall be set apart and applied to the payment of 
 the interest and the redemption of the debt so created, as the 
 same may become due and payable; and that by reason of the 
 amount, nature and purpose of the debt, it is expedient and 
 desirable and promotive of public convenience and security, 
 that all transactions proceeding from or connected with the 
 funded obligations of the corporation and the interest there- 
 upon, be kept separate and apart from the ordinary and current 
 receipts and expenditures of the city government; and for the 
 purpose of accomplishing more eflfectnally the several objects 
 herein set forth, the following two sections are enacted : All 
 th^ real estate from which income is derived, and all the Real estate, *c., 
 stocks, bonds, and obligations of any improvement company payment of 
 now held or claimed as the property of the corporation, or as interest, 
 due to it, as well as all taxes which may hereafter be levied 
 and collected for this purpose, are appropriated and set apart, 
 to be held by the Commissioners of Finance .exclusively for 
 the payment as aforesaid of the public debt of the corporation, 
 and the interest thereupon as the same, or any part thereof, 
 may become due and payable. 
 
 16. The Commissioners of Finance are hereby directed and iwa s. 2 
 required to open books of account in the name of the corpora- cemmissioners 
 tion, in which books they shall cause to be succinctly and accu- open books of 
 
 1 i" 1 1 1 •! 1 account. 
 
 rately set torth and described all the property herein referred to, 
 
 the receipts from or on account thereof, and the payments there- Report to coun- 
 
 upon, and annually they shall report the same to the Council. "' 
 
910 Stocks, Loans and Finance. 
 
 Article XLVI. — Ordinances. 
 Duties of Depu- The Deputv Register, with such clerical assistance as may be 
 
 ty Register. r J to ' ^ i/ 
 
 necessary, shall under the direction of the Commissioners of 
 Finance, keep the books, accounts and records of the office, 
 and perform such other duties as may be required. 
 
 SINKING FUNDS AND FQNDING FLOATING DEBTS. 
 No. 58, June 4, 17. The Commissioners of Finance, in connection with the 
 
 '68. 
 
 Investments by City Register, are hereby authorized and empowered to invest 
 
 Commissioners „ , , . i . r. i • , i ^ n j-i 
 
 of Finance. for the various smking funds, in the guarantees as well as the 
 stock of the city. 
 
 No 42, June 17, 18. The Commissiouers of Finance are hereby authorized 
 
 '67. 
 
 Certificates of and directed to cancel all certificates of the following loans 
 celled. which may be presented to the Register for transfer, viz : 
 
 Almshouse loan, floating debt and defence loan, jail stock, 
 Susquehanna canal loan, and Baltimore and Susquehanna 
 railroad loan ; and to issue in lieu thereof to the respective 
 holders of the same, certificates of the six per cent, stock of 
 the city of Baltimore, redeemable after July 1st, 1890 ; the 
 interest to be payable quarterly on the first days of January, 
 April, July and October in each and every year. 
 
 No 'J9, Apr. a?, 19. The Commissioners of Finance are hereby authorized 
 
 Consolidation of and empowered to consolidate the several certificates of city 
 
 city s oc . gtoc]^ held by thfem, for any and every sinking fund under 
 
 their care, and annually hereafter to consolidate all certificates 
 
 of city stock as aforesaid, when examined and approved by 
 
 the committee on accounts of the Commissioners of Finance. 
 
 No. 88, Oct. 15, 20. The Register, as clerk to the Commissioners of Finance, 
 
 Accounts for is hereby directed and required to open accounts upon the 
 
 sinking funds. ^^^^^ ^^. ^j^^ Commissioners of Finance for all sinking funds, 
 
 except the Five Million Loan, wherein shall be entered full 
 
 and detailed accounts of each sinking fund, the amount, how 
 
 invested, the acts of the commissioners in relation thereto, and 
 
Stocks, Loans and Finance. 911 
 
 Article XL VI. — Ordinances. 
 
 all other facts necessary to a full and succinct history of each 
 fund ; to hold or invest the same, or the interest accruing from 
 time to time, as said Commissioners of Finance may direct. 
 
 21. The Commissioners of Finance are hereby authorized no. 92, oct 22. 
 
 . '6''. 
 
 and empowered to consolidate the city six per cent, bonds, in coDsoiidation. 
 such way and manner as they may deem best, keeping in view 
 the rights and privileges of the holders thereof; and they are 
 further empowered to issue one million, or so much thereof 
 as may be necessary, of five per cent, city bonds, interest pay- 
 able quarterly, and redeemable in 1885, and exchange the Exchange of 
 
 stock. 
 
 same with the holders of the old five per cent, bonds, dollar 
 
 for dollar, and to issue six per cent, bonds not exceeding otic 
 
 million of dollars in amount, to provide for any deficiency in 
 
 the means of meeting existing appropriations; and for the 
 
 purpose of increasing the sinking fund to an amount required sinking fund. 
 
 by this increased issue, a tax of five cents on each hundred 
 
 dollars of assessable property, shall be levied in the year 1873, 
 
 and annually thereafter, until said bonds are paid or provided 
 
 for. 
 
 22. The Commissioners of Finance are hereby authorized no. ir, Apr. 19, 
 and directed to issue city bonds, redeemable in twenty years, issue of city 
 
 « • • I /• • Stock. 
 
 bearmg mterest at the rate of e,\xper centum per annum, pay- 
 able quarterly, not to exceed two hundred thousand dollars, 
 and dispose of the same at their discretion, and hand the pro- 
 ceeds to tlie Register, who shall apply the same to the pay- rioating debt, 
 ment of the floating debt. 
 
 23. The Register is authorized to fund seventeen hundred No. i.Feb. 7. 
 thousand dollars of the floating debt of the city of Baltimore $1,700,000 
 
 in stock of the said city, payable at the pleasure of the Mayor 
 and City Council after July 1st, 1890, and bearing interest at 
 the rate of &\xper centwmper annum, payable quarter yearly 
 on the first days of January, April, July and October in each 
 year, until redeemed. 
 
912 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 ' No- 3. Nov. 13, 24. The City Register is authorized to fund three hundred 
 $300,000 fund- thousand dollars of the floating or unfunded debts or obliga- 
 tions of the city of Baltimore existing at the time of the 
 adoption of the Constitution of Maryland, [1867,] the same 
 to be funded in stock of the said city, paj^able at the pleasure 
 of the Mayor and City Council of Baltimore, after July Ist, 
 1890, and bearing interest at the rate of six per cent, per 
 annum, payable quarterly on the first days of January, April, 
 July and October in each year, until redeemed. 
 
 No. 14, January 25. The Citv Register is authorized to fund ^ight hundred 
 
 31,1870. . , . 
 
 $800,000 fund- thousaud dollars of the floating debt of the city of Baltimore,- 
 
 ed. 
 
 which shall be existing at the time this ordinance shall go into 
 effect, in bonds of the city of Baltimore, payable at the pleas- 
 ure of the city of Baltimore after July 1st, 1900, and bearing 
 interest at the rate of six per cent, per annum, payable 
 quarterly on the flrst dajs of January, April, July and 
 October in each year, until redeemed.* 
 
 No. 19, Feb. 28, 26. The Commissioners of Finance are authorized to add to 
 
 '7-J. 
 
 Consolidation and cousolidatc with the general sinking fund any of the funds 
 funds. held by them for the redemption of the public debt, or any 
 
 part thereof, which within their judgment are not required to 
 
 be kept distinct and separate. 
 
 No. 6,8. 1, Feb. 27. The Register of the City, upon notice from the Com- 
 
 12, '74. ... 
 
 $2,000,600 fund- missioncrs of Finance, and from time to time, is hereby au- 
 thorized and directed to issue the bonds of the city to an 
 amount not exceeding two millions of dollars, and the said 
 bonds shall be sold or disposed of by the said Commissioners 
 
 * Tliia Ordinance contains the usual provisions for its submission to the 
 voters and its authorization by Act of Assembly; and in accordance there- 
 with, by the Act of 1870, c. 143, the Mayor and City Council were authorized 
 to fund tlie floating debt to the amount mentioned in section 25 above, and 
 to issue the bonds of the city for the amount of the debt so funded, payable 
 at the times and at the rates therein mentioned. This ordinance was duly 
 submitted to the voters and approved April 21, 1870. 
 
Stocks, Loans and Finance. 913 
 
 Article XLVI. — Ordinances, 
 of Finance, and the proceeds therefrom applied to the payment How proceeds 
 
 ' ^ ^^ . , from sale ap- 
 
 of the loan of seven hundred thousand dollars, authorized by pi'ed. 
 ordinance approved December 23, 1872, No. 3, being an or- 
 dinance to provide for the speedy introduction of an additional 
 supply of water into the city of Baltimore ; [see Art. LIII, 
 Water,] and the loan of two hundred thousand dollars, au- 
 thorized by ordinance approved May 30, 1872, No. 66, being 
 an ordinance to provide for the speedy improvement of the 
 ship channel leading into the Patapsco river, and from its 
 mouth to Fort McHenry ; [see p. 334, ante] and of the loan 
 of two hundred thousand dollars, authorized by ordinance ap 
 proved March 25, 1873, No. 13, being an ordinance making a 
 further appropriation for the ship channel leading into the 
 Fatapsco river, and from its mouth to Fort McHenry ; [see p. 
 337, ante] and of the loan of two hundred thousand dollars, 
 authorized by ordinance approved April 24, 1873, No. 44, 
 being an ordinance to authorize the Water Board to borrow 
 such sums of money as may be needed to complete the high 
 service supply ; [see Art. LIII, Water,] and further, to the 
 payment of all such other floating debt of the city of Balti- 
 more as may have existed on the 31st day of October, 1873, 
 and remains unpaid. 
 
 28. The said bonds shall be issued in suras of not less than ibid8.a. 
 one hundred dollars each, redeemable at the pleasure of the Bonds. 
 Mayor and City Council of Baltimore after February Ist, 
 1894, bearing interest at the rate of six per cent, per annum, 
 payable semi-annually on the 1st day of July and the 1st day 
 of January, and on condition that the city of Baltimore shall 
 pay all State tax for which the holders of said bonds may state taxes, 
 thereon be legally liable, and the said bonds, or such part 
 thereof as the said commissioners may deem it best so to issue, 
 shall by their direction be issued as registered bonds, transfer- 
 able, as other city bonds, or the same or such part thereof as 
 the said commissioners may deem it best so to issue, shall by 
 
914 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 their direction be issued, with coupons attached, transferable 
 
 by delivery, and with interest and principal payable in gold, 
 
 or to make them principal and interest payable in London in 
 
 sterling money.* 
 
 STOCKS. 
 
 ALMSHOUSE. 
 29. This stock was authorized by Ordinances No. 40, s. 8, 
 May 20, '62 ; No. 25, March 26, '64, to an amount not ex- 
 ceeding $100,000; by Ordinance No. 35, June 7, '65, an 
 
 * Submitted to voters and approved April 31, 1874. 
 
 By the Act of 1874, c. 185, the Mayor and City Council of Baltimore were 
 authorized to fund the loans provided for by an ordinance approved Decem- 
 ber 23, 1873, (No. 3); by an ordinance approved May 30, 1872, (No. 66); 
 also by an ordinance approved March 25, 1873, (No. 13); also by an ordi- 
 nance approved April 34, 1873, (No. 34); and also to fund such other float- 
 ing debt of the city of Baltimore as may have existed on October 31, 1878, 
 and remained unpaid, and for that purpose to issue the bonds of the city to 
 an amount not exceeding the sum of tvs^o million dollars, as provided for in 
 an ordinance of the said Mayor and City Council, entitled an ordinance to 
 provide for funding the floating debt of the city as authorized or existing on 
 October 31, 1873, approved February 13, 1874, (No. 6); and accordingto the 
 terms, conditions and provisions of said ordinance. 
 
 By the Act of 1878, c. 328, the Mayor and City Council of Baltimore are 
 authorized to Fund the Floating Debt of said city to an amount not exceed- 
 ing one million five hundred thousand dollars, and to issue the bonds of the 
 city for the amount so funded, payable at such time, and bearing such rate 
 of interest, not exceeding six per centum per annum, as the said Mayor and 
 City Council shall provide by ordinance to be adopted at the present session 
 of the City Council, provided, that the said bonds shall not be issued unless 
 the ordinance which the Mayor and City Council is hereby authorized to 
 enact shall be approved by the votes of a majority of the legal voters of the 
 said city cast at the time and places to be appointed by said ordinance, in 
 the provision for submitting the same to the legal voters of the city, as re- 
 quired by section seven, article eleven of the Constitution ; provided, how- 
 ever, that said bonds shall not be sold at less than par. An ordinance to 
 carry out the provisions of this act to fund the floating debt existing on the 
 81st Dec, 1877, was passed Oct. 8, 1878 ; approved by voters Oct. 23, 1878. 
 
 By Ord. No. 91, Oct. 4, 1878, the Commissioners of Finance are authorized 
 and directed to cancel or destroy all the bonds and certificates of the loan 
 known as the Patterson Park Extension Loan, issued under Ord. No. 116, 
 June 23, 1871, and also all the bonds and certificates of the loan known as 
 the Funding Loan, 1894, issued under Ord. No. 6, Feb. 12, 1874. 
 
Stocks, Loans and Finance. 915 
 
 Article XL VI. — Ordinances. 
 
 issue was authorized to an amount not exceeding $300,000, 
 bearing interest at six per cent, per annum, payable quarterly, 
 and to become due on July 1, 1890 ; and by ordinance No. 3, 
 Feb. 16, ^66, another issue of $50,000, at same rate of interest 
 and to become due on same date was authorized.* 
 
 CITY HALL. 
 
 30. This stock was authorized by Ordinance No. 62, June 
 24, '68, to an amount not exceeding $1,000,000, redeemable in 
 fifteen years, bearing interest at six per cent, per annum, pay- 
 able quarterly .f 
 
 By Ordinance No. 37, April 15, '70, another issue of this 
 stock was authorized to an" amount not exceeding $1,000,000, 
 redeemable in thirty years, and bearing the same rate of in- 
 terest, payable quarterly.;}: 
 
 * See note, p. 74, ante, for the ordinances under which Bayview Asylum 
 
 was built. 
 
 1 1868, c. 391, authorized the Mayor and City Council of Baltimore to 
 issue the bonds of the said city to an amount not exceeding the sura of one 
 million of dollars, the proceeds from the sale of said bonds to be used in the 
 construction of a city hall in the city of Baltimore; provided, that before 
 the issue of said bonds the said loan be authorized by an ordinance of the 
 Mayor and City Council of Baltimore, and approved by a majority of the 
 votes of the legal voters of the said city, cast at such time and places as may 
 be fixed by said ordinance as prescribed in the seventh section of article 
 eleven of the Constitution. This ordinance was submitted to the vote of 
 the citizens and adopted, 
 
 t This ordinance contains the usual provisions for submission to the ap- 
 proval of voters and authorization by Act of Assembly. 
 
 By Act of 1870, c. 303, the Mayor and City Council of Baltimore were 
 authorized to issue bonds to an amount not exceeding the sum of one mil- 
 lion of dollars, in addition to the one million of dollars which it was au- 
 thorized to issue by the Act of Assembly of 1868, c. 391, the proceeds of the 
 sales of said bonds thereby authorized to be issued to be used in the con- 
 struction of the city hall, being erected in said city of Baltimore, which 
 bonds so to be issued, together with interest thereon, to be made pay- 
 able at such times as shall be determined by the said Mayor and City 
 
916 Stocks, Loans and Finance. 
 
 Article XL VI.— Ordinances. 
 
 By Ordinance No. 15, Feb. 8, '72, another issue was author- 
 ized, to an amount not exceeding $500,000, redeemable in 
 thirty years, at the same rate of interest, payable quarterly.* 
 
 Council of Baltimore, which was further thereby authorized to make such pro- 
 vision for the ultimate redemption of the principal of said bonds, and for 
 the payment of the interest thereon, as to it shall seem best ; and it further 
 provided that before any of the bonds mentioned be issued, the ordinance 
 of the Mayor and City Council of Baltimore authorizing the same be sub- 
 mitted to and approved by the legal voters of the said city, in accordance 
 with the provisions of the seventh section of article eleven of the Constitu- 
 tion : and that all Acts or parts of Acts of Assembly inconsistent herewith, 
 and especially the Act of 1866, c 1, were repealed. This ordinance was 
 duly submitted and approved. This Act of 1866, c. 1, is construed in State 
 ex-rdat. v. Kirkley et. al, 29 Md. 85, as follows : 
 
 Ordinance No. 58, of the Mayor and City Council of Baltimore, approved 
 September 25, '65, entitled an ordinance to provide for the building of a new 
 city hall was, by its own provision, wholly inoperative until its ninth sec- 
 tion was confirmed and ratified by the General Assembly. On January, 
 29th, 1866, the General Assembly passed an act entitled, an act authorizing 
 the Mayor, &c., to build a new city hall, in which there was neither, 
 in the title nor the body of the law, any reference to Ordinance No. 58, 
 and an entire absence of any words of confirmation or ratification, but the 
 provisions of the law in every material respect differed from those of the 
 ninth section of the ordinance. At the January session of the City Council 
 in 1867, certain persons were nominated by the Mayor and confirmed by 
 the Council as commissioners to constitute the building committee of the 
 new city hall. They accepted the appointment, and entered upon their 
 duties accordingly, with the Mayor as president of the committee. Held : 
 1. That the Act of Assembly was not a confirmation and ratification of 
 the ninth section of the ordinance, but an independent grant of power, to be 
 exercised by future conformable legislation on the part of the city corpora- 
 tion. 2. That the ninth section of the ordinance, not having been ratified 
 by the General Assembly, as required by the eleventh section, the appoint- 
 ment of commissioners by the Mayor to constitute the building committee 
 of the new city hall was unauthorized and nugatory, and conferred upon 
 the appointees no authority whatever. 3. That mandamus was the proper 
 remedy to restrain the commissioners, who had assumed to act without law- 
 ful authority, in discharge of the duties of their supposed office. 
 
 Ordinance No. 73, August 5, 1868, passed by virtue of the Act of 1866, c. 
 1, authorized an issue of bonds to an amount of $600,000. 
 
 * Ordinance duly approved by the voters. 
 
 By Act of 1872, c. 37, the Mayor and City Council of Baltimore were 
 authorized and empowered to issue the bonds of said city to the amount of 
 
Stocks, Loans and Finance. 917 
 
 Article XL VI. — Ordinances. 
 
 COURT HOUSE AND DIVISION. 
 
 31. The stock for repairing the Court House was authorized 
 under the Act passed at December session of the General 
 Assembly of 1834, by Ordinances No. 19, April 14, 1835, No. 
 33, May 12, '60, and No. 10, March 3, '63, to an amount not 
 exceeding $80,000, irredeemable before July 1, 1860, at five 
 per cent, per annum, payable quarterly.* 
 
 DEFENCE AND BOUNTY. 
 
 32. The ordinances which authorized these stocks are as 
 follows : 
 
 No. 22, April 20th, 1861, authorized an issue of city bonds, 
 redeemable in twenty years, bearing interest at the rate of 
 
 five hundred thousand dollars, for the purpose of providing funds for the 
 building of the city hall ; and the above ordinance was thereby rati- 
 fied and confirmed. 
 
 * By the Act of 1876, c. 240, the Mayor and City Council of Baltimore 
 are authorized to issue bonds to an amount not exceeding seven hundred 
 and fifty thousand dollars, for the purpose of providing means for the ex- 
 tension and improving, and erection of a new Court House in the city of 
 Baltimore, in pursuance of such plan as may hereafter be provided by 
 ordinance, the said bonds to be for the sum of one hundred dollars each, 
 payable at such time and in such manner, and on such terms and conditions 
 as may be prescribed by ordinance, and to be issued from time to time as the 
 same may be required in the course of the work of said improvement and 
 erection ; provided that none of said bonds shall be issued until such ordi- 
 nance as the Mayor and City Council may or shall pass in the premises, 
 shall have been approved by a majority of the legal voters of the city ; and 
 provided that the said bonds shall be redeemable in not less than thirty years 
 after their date and be transferable as other city bonds. 
 
 The Division Stock was authorized by Ordinance No. 117, Oct. 5, 1853, 
 under the Act of 1853, c. 353, whereby the Mayor and City Council of Bal- 
 timore were authorized and required to issue certificates of stock bearing 
 five per cent, interest and payable at the pleasure of the corporation within 
 thirty years from the passage of the act, to the amount of $68,500, to dis- 
 charge the indebtedness of the corporation as agreed on, at the time of the 
 division of the property of Baltimore city and county. 
 
918 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 six per cent, per annum, payable quarterly, to the amount of 
 |80,000.* By ordinance No. 56, sec. 6, August 11, '62, 
 another issue of $30,000 was authorized, interest at the rate 
 of six per cent, per annum, payable half yearly, and re- 
 deemable in thirty years. By ordinance No. 52, sec. 7, Au- 
 gust 9, '62, another issue to an amount of $350,000 was au- 
 thorized, interest at the rate of six per centum per annum, 
 interest payable half yearly, and redeemable in thirty years. 
 By ordinance No. 60, sec. 7, August 18, '62, and No. 66, 
 September 27, '62, another issue to an amount of $350,000 was 
 authorized, interest at the rate of six per centum per an- 
 num, interest payable half yearly, and redeemable in thirty 
 years. By ordinance No. 61, May 4, '64, another issue of 
 $100,000 was authorized at same rate, and principal and 
 interest payable at same time. By ordinance No. 62, sec. 7, 
 Sept 9, ' 62, t another issue of $350,000 was authorized, inter- 
 est at the rate of six per centum per annum, interest paya- 
 ble half yearly, and redeemable ia thirty years. By 
 ordinance No. 50, sec. 7, June 18, '63,:j: another issue of 
 $400,000 was authorized, interest at the rate of six per 
 centum per annum, interest payable half yearly, and re- 
 
 * 1861, c. 1, authorized the Mayor and City Council to raise and appropri- 
 ate at their discretion, and in the modes and at the times which they may 
 judge best, all moneys whatever, which they may deem necessary and pro- 
 per for the defence and protection of the city, and provide for the payment 
 of the same by taxation or otherwise, as they may deem most advisable. 
 
 1861, c. 2, confirmed and ratified the ordinance of the Mayor and City 
 Council appropriating $500,000 for the defence of the city, approved April 
 20, 1861, No. 22. See Mayor, &c. v. PouUney, 25 Md. 19. This ordinance 
 was repealed by No. 19, April 24, '62. 
 
 t This ordinance was repealed by ord. No. 66, Sept. 27, 1862. 
 
 X This ordinance and the supplements thereto were confirmed by act of 
 1864, c. 151. The act of 1864, c. 132, authorized the Mayor and City Coun- 
 cil to raise and appropriate an amount of money not to exceed $300,000 in 
 any one year, for the relief of the families of those who enlisted or were 
 drafted into the military service of the United States as a part of the quota 
 of the city of Baltimore. 
 
Stocks, Loans and Finance. 91^ 
 
 Article XL VI. — Ordinances. 
 
 deemable in thirty years. By ordinance No. 8, sec. 6, 
 Feb. 16, '64,* another issue of $600,000 was authorized, 
 interest at the rate of six per cent, per annum, interest 
 payable half yearly and redeemable at the pleasure of the 
 Mayor and City Council, at any time after July 1, 1893. 
 
 By ordinance No. 63, section 3, May 10, 1864, another 
 issue was authorized to an amount not exceeding $400,000, 
 interest at rate of six per cent, per annum, payable half 
 yearly, and redeemable in thirty years. 
 
 By ordinance No. 76, June 6th, 1864, another issue was 
 authorized of $100,000, at same rate, and principal and inter- 
 est payable at same time as the last mentioned. 
 
 By ordinance No. 1, section 7, January 17th, 1865, anoth- 
 er issue of $750,000, interest at the rate of six per cent, per 
 annum, payable half yearly, and redeemable at the pleasure 
 of the Mayor and City Council of Baltimore after September 
 1, 1893, was authorized. 
 
 HARBOR 
 
 33. The Act of 1876, c. 176, authorizing the issue of 
 stock for cleansing, &c. the Harbor, is on p. 332, &c., ante. 
 And for ordinance authorizing issue of stock for construct- 
 ing Ice Boat, under Act of 1867, c. 248, see p. 330, ante, 
 and p. 340, anie. 
 
 JAIL. 
 
 34. This stock is authorized by ordinances No. 42, s. 1, 
 May 23, 1854, No. 20, April 20, 1858, and No. 28, s. 9^ 
 May 31, 1858, under the Act of 1858, c. 294,t whereby an 
 
 * This ordinance was construed in Clark v. Mayor, <6e., 29 Md. 277. 
 
 1 1858, c. 294, authorized the' Mayor and City Council of Baltimore to is- 
 sue bonds or inscribed stock of the said city, to an amount not exceeding 
 two hundred and fifty thousand dollars, for the purpose of paying the in- 
 debtedness and completing the new jail for said city, said bonds or stock to 
 
920' Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 issue of $52,645.72, was authorized, interest at six per cent, 
 per annum, payable half yearly. 
 
 JONES' FALLS. * 
 
 35. Stock for improvement of, see Article XXX, Jones' 
 Falls, suh-title Stock. 
 
 PARK. 
 
 36. By ordinance No. 18, April 7, 1858, the Commis- 
 sioners of Finance were authorized to receive from the Keg- 
 ister the one-fifth (now twelve per centum) of the gross rev- 
 enue of the Passenger Railway Company, as provided for in 
 the ordinance approved March 28, 1859, (p. 730, ante,) and 
 invest the same from time to time in Baltimore city six per 
 cent, stock, as well as the accruing interest, as a park fund, 
 said fund not to be devoted to any other purpose than the 
 one originally designed, and to be subject only to the Mayor 
 and City Council. 
 
 By ordinance No. 80, section 1, May 26, 1866. the Regis- 
 ter was authorized, in accounting with the Public Park 
 Commission, to pay to them the revenue derived from the 
 passenger railways without other deduction than the interest 
 on the bonds issued for the purchase of said parks and the 
 sinking fund ; and the Register was authorized to pay to 
 the public park commission, in such sums as might from time 
 to time be required, $50,000, of which sum $10,000 shall be 
 
 bear interest at the rate of six per cent, per annum, payable on the first day 
 of January and July, and be redeemed in fifteen years from date of issue ; 
 the Mayor and City Council to establish a sinking fund for the redemption 
 of said bonds or stock, by levying an annual tax of two cents on every 
 hundred dollars of assessable property w^ithin the limits of said city, until 
 said bonds or stock hereby authorized to be issued shall be redeemed. The 
 jail was built under ordinances No. 72, approved May 23. '54 ; No. 20, April 
 20, '58; No. 28, May 31, '58; No. 13, Feb. 4, '59; No. 17, Feb. 18, '59; No. 
 7, March 28, '61. See Mayor, &c. v. Reynolds, 20 Md. 1. 
 
Stocks, Loans and Finance. 931 
 
 Article XL VI. — Ordinances. 
 
 for the use exclnsively of Patterson Park, and the remainder 
 for Druid Hill Park. 
 
 By ordinance No. 37, section 1, May 2, 1863, whenever 
 the park commission shall certify to the Register, under 
 their respective hands, that they require a sum of money 
 for an object connected with the said parks, said object to be 
 at the same time designated, an issue of stock is authorized, 
 redeemable on January 1, 1895, interest at the annual rate 
 of six per centum, payable quarterly, and designated as 
 park improvement stock, for an amount sufficient to meet 
 such requisition after retaining one-tenth of the par value 
 for the purposes of a sinking fund ; provided that the whole 
 amount of bonds, so issued, shall not exceed the sum of 
 $150,000 for Druid Hill Park, and $20,000 for Patterson 
 Park. 
 
 By ordinance No. 75^, June 8, 1870, after deducting from 
 the revenue derived from the city passenger railways the in- 
 terest on the issue of park stock, under the ordinance to 
 provide for a public park or parks, and the sinking i'und 
 therein provided for, and the further sum of $10,000 annu- 
 ally for the maintenance of the parks, the surplus of said rev- 
 enue, and the rent of the pavilion, and the net receipts from 
 any passenger railway which may be laid within Druid Hill 
 Park shall be applied as far as necessary to reimburse the city 
 the interest upon the bonds hereby authorized to be issued ; 
 provided that not less than one-fifth of the sum reserved in 
 this section for the annual maintenance of the parks, and of the 
 excess of annual receipts from the city passenger railway over 
 the amount necessary to provide for the interest on the bonds 
 issued under the provisions of this ordinance, shall be expended 
 in the improvement and preservation of Patterson Park.* 
 
 * See further as to stock under Parks, Art. XXXVII, Statutes, Park, sec- 
 tion 8, and under sub-title, Patterson Park, and note p. 914, ante. 
 
922 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 By ordinance No. 37, s. 3, May 2, '63, it is provided that 
 one tenth of the par value of said bonds retained by the Reg- 
 ister, as hereinbefore directed, shall be invested by the Com- 
 missioners of Finance in the bonds of the City of Baltimore, 
 or in bonds for which the city is liable by endorsement, as a 
 sinking fund for the redemption of the bonds issued under its 
 provisions, and the proceeds of all sales or rents of any land 
 south of Newington lane, which may be sold or leased by the 
 Park Commission, shall be paid to the Register of the City, to 
 be invested by the Commissioners of Finance in the sinking 
 fund herein provided for, until the said fund shall in the 
 opinion of the said commissioners, be adequate to the redemp- 
 tion of the bonds hereby authorized, at their maturity, and the 
 Register shall be the trustee thereof. 
 
 By ordinance No. 52, June 28, '65, another issue was au- 
 thorized for Druid Hill Park of $27,000. 
 
 WATER AND GUNPOWDER RIVER. 
 
 37. For Water Stock of 1916 and Gunpowder River Stock 
 of 1894, and note as to Water Stock of 1875, redeemed under 
 the Act of 1876, c. 237, and ordinance No. 65, June 30, 1877, 
 see Stock, under Water, Article LIII. 
 
 LOANS, ENDORSEMENTS, GUARANTIES, &c. 
 
 BALTIMORE AND OHIO RAILROAD. 
 
 No. 37, 8.1, 38. Whenever the president and directors of the Baltimore 
 
 subLription to and Ohio Railroad Company, at any time previous to the first 
 
 Bammore*'anci* day of Octobcr, 1836, shall have shown to the satisfaction of 
 
 Company. the Mayor and Presidents of the First and Second Branches 
 
 of the City Council, that it is in the power of said company to 
 
 comply with the condition on which the city of Baltimore has 
 
 lately proposed to make a subscripton of three millions of dol- 
 
Stocks, Loans and Finance. 938 
 
 Article XL VI. — Ordinances. 
 
 lars to the stock of said company ;* and the said Mayor and 
 Presidents shall have filed with the Register a certificate there- 
 of, under their siernatures, in the words following, viz : We do cenificateB of 
 
 , , ^ , the Mayor and 
 
 hereby certify, that in our opinion there no longer exists any Presidents to be 
 
 •' •' ' ^ c> J returned to the 
 
 legal obstacles which can prevent the Baltimore and Ohio ^'^e'ster. 
 Railroad Company from completing their railroad in an un- 
 broken line, from the city of Baltimore to the western waters; 
 and the said president and directors shall by authentic act have 
 signified to the Mayor, whether it is their intention to receive 
 a subscription on the part of the city for all, and if not for all, 
 for what proportion of the said three millions of dollars the said 
 subscription for all of the said three millions, or for such part 
 as the said president and directors may elect to receive a sub- 
 scription for, to be paid in instalments of not more than one 
 million of dollars in any one year, that then the Mayor is 
 hereby authorized and directed to subscribe in the name of the 
 Mayor and City Council of Baltimore to the capital stock of 
 the Baltimore and Ohio Railroad Company the said three rail- 
 lions of dollars, or such part thereof as the said president and 
 directors may have elected to take. 
 
 The Commissioners of Finance are hereby authorized and ibid, s. 12. 
 directed to borrow on the credit of the city of Baltimore, the sum su per cent, 
 of money necessary to meet the payments of the instalments ted. redeemable 
 aforesaid, for which purpose a city stock shall be created not 
 
 * Under the act of 1826, c. 123, the city had subscribed for five thousand 
 shares of this stock. Res. No. 40, March 17, '36, authorized and directed the 
 Mayor to subscribe to the capital stock of the Baltimore and Ohio Railroad 
 Company, the sum of three millions of dollars, in the name of the Mayor 
 and City Council of Baltimore ; provided, that the whole sum shall be ex- 
 clusively applied to the prosecution of the work in an unbroken line from 
 Harper's Ferry, or such point near that place as shall be selected, from which 
 the extension shall be made. This subscription was authorized by the act 
 of 1835, c. 127. See B. and 0. R. B. Co. v. Sta/e, 36 Md, 579 and 45 Md. 596, 
 for the construction of the various acts authorizing subscriptions by the State 
 and City to the stock of Balto. and Ohio R. R. Co. See the Acts of 1878, c. 155 
 and c. 238. 
 
9M 
 
 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Ibid, 8. 4. 
 
 Directors ap- 
 pointed. 
 
 exceeding three millious of dollars, bearing an interest of six 
 per cent, payable quarterly, and irredeemable before the first 
 day of July, in the year 1890. 
 
 Ibid, s. 3. There shall annually hereafter be levied upon the assessable 
 
 Tax for pay- property within the limits of the city of Baltimore, a sum of 
 ' money which, with the profits of the said railroad, shall be suffi- 
 cient to pay the interest upon the debt hereby authorized. 
 
 At the first meeting of the City Council after the annual 
 election of the president and directors of the Baltimore and 
 Ohio Railroad Company, which shall succeed the said subscrip- 
 tion by the Mayor, there shall be appointed by the joint ballot 
 of both branches of the City Council, in convention assembled, 
 one director in said company for every five thousand shares 
 which may have been so subscribed. And there shall annually 
 thereafter in the month of January in each and every year be 
 appointed by a convention as aforesaid, the same number of 
 directors, who shall continue in ofiice until a new appointment 
 be made.* 
 
 In case of death or resignation of the said directors, or either 
 of them, in the recess of the Council, the Mayor is hereby 
 authorized to appoint a director or directors, as the case may 
 be, who shall serve until a new appointment be made. 
 
 The directors on the part of the city for the time being, in 
 the Baltimore and Ohio Railroad, are hereby authorized and 
 directed, to represent the interests and vote the stock of the 
 
 *By ord. No. 59, Sept. 13, '67, seventy -five hundred shares of the capital 
 stock of the Baltimore and Ohio Railroad Company, held by the Mayor and 
 City Council of Baltimore, were placed at the disposal of the Commissioners 
 of Finance, to be used at their discretion, by sale or hypothecation, for the 
 purpose of providing for any deficiency in the revenues of the city to meet 
 its liabilities during that year; not more than twenty-five hundred shares of 
 said stock to be sold. Res. No. 61, April 1, '64, authorized the sale of 5,500 
 shares. Ord. No. 15, April 28, '65, authorized the sale of 5,000 shares. Mayor y 
 &c. V. B. <& 0. R. R. Co., 21 Md. 52. 
 
 Ibid, s. 5. 
 Vacancies. 
 
 No. 25, Feb. 28 
 '38. 
 
 City railroad 
 directors to re- 
 present city 
 stock. 
 
P Stocks, Loans and Finance. 925 
 
 Article XL VI. — Ordinances. 
 
 city of Baltimore, at all general meetings* of the stockholders 
 of said railroad company which may hereafter be held. 
 
 The Kegister and Commissioners of Finance are hereby em- Res. no. m7, 
 powered and directed to vote the shares held by the city, when- Dividend stock, 
 ever a vote is taken by shares by the Baltimore and Ohio 
 Kailroad Company, whatsoever way they may deem it to the 
 interest of the city.f 
 
 Whenever the Baltimore and Ohio Railroad Company, by No. .\s. i.Dec. 
 their officers legally authorized to act on their behalf in such stock isMied to 
 
 1 11 . ./. . . . 1 , . 1 1 . aid tlie Balto. fc 
 
 matters, snail signiiy in writmg, sealed with their corporate ohio railroad, 
 seal, their acceptance of the terms and provisions of this 
 ordinance, and shall, at the same time, deposit with the Regis- 
 ter of the City a mortgage (to be previously approved by the Mortgage. 
 City Counselor,) wherein said company shall pledge all their 
 real and personal estate, road or roads, the tolls and revenues, 
 as security to the Mayor and City Council of Baltimore, for 
 the payment, as hereinafter provided, of the principal and of 
 the interest of the loan hereby made, it shall be the duty of 
 the Commissioners of Finance of the City of Baltimore, and 
 they are hereby authorized to issue certificates of stock of the 
 Mayor and City Council of Baltimore, with coupons or other- 
 wise, in their discretion, to the amount of five million of dol- issue or 
 lars, redeemable on the first day of January, 1890 ; the interest ' "'"*'* 
 payable quarterly on the first days of January, April, July 
 and October in each year; the said commissioners likewise to 
 
 * 1858, c. 313, provided that the directors of the Baltimore and Ohio Rail- 
 road Company shall be chosen annually on the third Monday of November 
 in every year, in the city of Baltimore ; and that the general meeting of the 
 stockholders of said company to be held annually, shall be held at the time 
 and place herein appointed for the election of the said directors. 
 
 t This resolution recites that heretofore the stock held by the city in the 
 Baltimore and Ohio Railroad, known as " dividend stock," has been unrepre- 
 sented in the selection of stockholders' directors ; and also, that circum- 
 stances may arise to make it necessarj^ and proper to vote said stock for the 
 acceptance or rejection of amendmerits to the charter of said road, &c. 
 
926 
 
 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 sterling bonds usG their discretion, whether to issue five per cent, sterling 
 
 currency. 
 
 bonds, payable in London, or six percent currency, payable in 
 the city of Baltimore, and shall proceed to sell the said bonds 
 or certificates on the best terms which they can obtain there- 
 for, not less than par, and in such sums as may be required by 
 said railroad company, and pay over the proceeds thereof to 
 the Register of the City ; and it is hereby understood and pro- 
 vided, that if the Commissioners of Finance shall, at any time, 
 elect to issue five per cent, sterling bonds, as aforesaid, the cost 
 of exchange, commission to agent in London, and all other ex- 
 penses incidental to such payment shall be chargeable to and 
 
 Bonds to be 
 sold at not less 
 than par. 
 
 Ibid, s. 2. 
 
 Register to 
 over proceeds, 
 
 How expenses paid by the president and directors of the Baltimore and Ohio 
 Railroad Company aforesaid ; and it is hereby further provided, 
 that any and all expenses incident to the issue of any of the 
 bonds, whether currency or sterling, as aforesaid, shall in like 
 manner be chargeable to and paid by the said railroad com- 
 pany. 
 
 The City Register is hereby authorized to pay to the Balti- 
 ay more and Ohio Railroad Company the amount of money he 
 may receive from time to time from the Commissioners of 
 Finance, on account of the sale of said certificates, reserving 
 ten per cent, thereof to be used as a sinking fund to pay the 
 principal of said loan at maturity. 
 
 The said reservation of ten per cent., amounting to five 
 hundred thousand dollars, shall, by the Register of the City of 
 Baltimore, with the quarterly interest thereon, be invested in 
 the public debt of the city of Baltimore, and so from time to 
 time, until the maturity of the bonds, when so much thereof 
 as may be necessarj^ shall be applied to the payment of the 
 principal sum of said bonds, and to release the said company 
 from all responsibility for the mortgage herein created, in so 
 far as said sinking fund may be capable of paying the same ; 
 and said mortgage as mentioned to be given by the said Balti- 
 more and Ohio Railroad Company, in section first of this 
 
 Ibid, s. 3. 
 Sinking fund. 
 
Stocks, Loans and Finance. 927 
 
 Article XLVI. — Ordinances, 
 ordinance shall be recorded under direction of the City Re- Mortgage to be 
 
 recoraed. 
 
 gister, and at the expense of the said company, in the proper 
 offices of record, where such instruments are recorded, in all 
 counties, districts, cities or towns, whether in the State of 
 Maryland or out of it, wherein said company have any real 
 or personal estate, road or roads, tolls or revenues, as men- 
 tioned in the first section of this ordinance. 
 
 If at the maturity of said bonds the said sinking fund shall ibid, 8.4. 
 have accumulated to an amount exceeding the principal sum of surpin»of«ink- 
 
 • /? -ii' i? J 11 iliK fuiirt, how 
 
 the loan authorized in this ordinance ot five miUions or dollars, appropriated, 
 the said excess shall be paid into the City Treasury for the use 
 of the city, and be applied to extinguishing the internal 
 improvement debt. 
 
 The premium (if any) that may be received on account of ibid, 8.5. 
 the sale of the said certificates or bonds shall be converted premium, h»w 
 into a sinking fund and invested in the public debt of the city "'' 
 of Baltimore, and so from time to time, with the interest quar- 
 terly accruing, to be applied to the payment of the original 
 internal improvement debt of the city. 
 
 The acceptance of this ordinance by the said company, and ibid, s. e. 
 the mortgage required to be given by said company, shall be principal, how 
 construed and understood as obligating the said company to pay ft" 
 to the said Register the principal sum of five million dollars, 
 issued under the provisions of this ordinance, less the amount 
 of the sinking fund, and its accumulations, mentioned in the 
 third section of this ordinance, at least one month before the 
 day on which the certificates or bonds hereby directed to be 
 issued shall become redeemable, and shall also pay to the 
 said Register interest at the rate of six per cent, per annum, interest, how to 
 on the whole amount of said certificates or bonds so issued, when.^ 
 quarterly and in advance, at least ten days previous to the first 
 day of the several months aforesaid on currency bonds, and 
 thirty days previous to aforesaid first day on sterling bonds, 
 
928 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 which said payments shall commence to be made in advance 
 of the first payments of interest, which shall be required to be 
 made by the Mayor and City Council of Baltimore on said 
 certificates or bonds, and shall continue to be made as afore- 
 said until the repayment by the said company to the Mayor 
 and City Council of Baltimore, of the principal sums of money 
 which shall or may be issued as aforesaid. 
 
 Ibid, 8. 7 The said Register shall procure a stamp, with the words 
 
 Duty of Reg- "safety fund stock — not to be re-issued," legibly cut thereon, 
 and shall cause the same to be fairly impressed across the face 
 of each certificate of Baltimore city stock invested as aforesaid, 
 and cause an entry of the said certificates to be made in the 
 books of his ofiice from time to time, as the same may come 
 into his possession, and shall make an exhibit of the said en- 
 tries and certificates to the committee annually appointed to 
 examine the books and accounts of his office, which committee 
 shall make such examination a part of their report to the City 
 Council, stating the amount of said certificates, and general 
 condition of said safety fund. 
 
 Ibid, s. 8. In order to meet the present exigencies of the Baltimore 
 
 Register may and Ohio Railroad Company, when the Legislature of Mary- 
 borrow money. , 
 
 land shall have confirmed this ordinance, the Register is hereby 
 
 authorized to borrow upon the faith of tiie Mayor and City 
 Council of Baltimore the sum of one million of dollars, re- 
 deemable at pleasure, bearing interest at the rate of six per 
 cent, per annum, payable quarterly, and pay the same to the 
 said company. And upon his receiving the amount of sales 
 of the certificates as provided for in this ordinance, he shall 
 repay the city, with the interest accrued thereon, from said 
 amount of sales, in lieu of paying them over to said company.* 
 
 * 1854, c. 34, confirmed the above ordinance and conferred full power 
 upon the Mayor and City Council and upon the Commissioners of Finance 
 and the Register of the City to carry into effect all the provisions of the said 
 ordinance, in the name manner, to all intents and purposes, as if the said 
 
Stocks, Loans and Finance. 929 
 
 Article XLVI. — Ordinances. 
 
 In the performance of the duties imposed upon the Register no. 4^ 8.^i, 
 of the said city by the third section of the ordinance to which Register to in- 
 
 •' '' vest interest on 
 
 this is a supplement, (Ord. No. 5, Dec. 27, 1853,) the said ^^^'V;,"'^"^*''''" 
 Register shall, within thirty days after the receipt by him of 
 any interest on account of the sinking fund provided for in 
 the said ordinance, invest the same as therein directed in the 
 public debt of the city aforesaid. 
 
 It shall not be lawful for the said Register to use any por- iwd, «.2. 
 tion of said interest so received by him for any other purpose Register not to 
 
 use interest ex- 
 
 than the purchase of the public debt aforesaid, during the eep'Jof P«wic 
 period that said interest may remain in his possession. 
 
 To prevent as far as practicable, even the accidental employ- iwd, s. 3. 
 ment of any portion of said interest otherwise than as here interest money 
 
 to be deposited 
 
 directed, the said Register is hereby required to deposit the j^^pawte 
 same in a separate bank book, to be opened by him on ac- 
 count of the said sinking fund alone. 
 
 The said Register is hereby directed to furnish quarterly, iwd, s. 4. 
 on the first days of February, May, August and November, Register to fur- 
 
 11 I /-^ • • /• TT nish Statement 
 
 in each and every year, to the Commissioners of J^inance ot of investments* 
 the City of Baltimore, and to the Baltimore and Ohio Rail- 
 road Company, a statement of the investments made by him 
 on account of said fund, so that the said commissioners and 
 the said company may be advised of the operation of the said 
 sinking fund, in the extinction of the debt of said company 
 of five millions of dollars aforesaid. 
 
 Mayor and City Council had been previously to the passage of said ordi- 
 nance, authorized and empowered by an Act of the General Assembly to 
 enact an ordinance in the precise terms of the above ordinance, and to pro- 
 vide for carrying the same into effect. And further provided, that nothing 
 in this act or in the said ordinance containe d, shall be taken or construed 
 to impair or lessen in any manner the liens or securities which the State of 
 Maryland has in the revenue of the said Baltimore and Ohio Railroad Com- 
 pany, for loans heretofore made by the said State to the said company or for 
 the interest now due or that may become due thereon, to the said State 
 The above ordinance repealed ordinance approved Dec. 14, 1853. 
 
930 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Ma" '/''m'' ^^^ Register is hereby authorized and required to demand 
 
 Register to de. from the Baltimore and Ohio Railroad Company the sum of 
 
 mand three 
 
 annuaif frim" *^^^^ hundred dollars annually, from and after the first day 
 ci* °" ^" ^' of January, 1855, and hereafter to collect semi-annually, from 
 said company, the sum of one hundred and fifty dollars as com- 
 pensation for services rendered in the transfer department, until 
 by the operation of the sinking fund said loan shall be absorbed. 
 
 ibid,8. 2. The sum received from said railroad company shall be paid 
 
 To be paid into iuto the city treasury to reimburse the city for expenses inci- 
 
 city treasury. ,n •!• i »>»• 
 
 dent to the aforesaid issues and transfers.* 
 No. 88, Oct. 15, Whereas, by ordinance of the Mayor and City Council, a 
 
 '66. 
 
 Baiiroad notes, sinking fuud v^as Created for the redemption of the Baltimore 
 and Ohio Railroad notes ; and whereas, for some years past 
 there have been but few, if any, of said notes presented for 
 redemption, and it is very probable that no more will be pre- 
 sented for that purpose, therefore, 
 
 To cancel cer- The Commissioners of Finance, in conjunction with the City 
 stock. Register, are hereby, authorized and directed to meet together 
 
 and to cancel the certificates of stock constituting the said 
 sinking fund, and the Register is hereby authorized and 
 directed to pay any of the aforesaid notes that may hereafter 
 be presented, and to charge the sa ne to direct tax.f 
 
 * This ordinance recites that the numerous issues and transfers of the five 
 million loan devolve a great amount of labor on the transfer department, 
 and frequently require the employment of extra services ; and that section 
 1 of Ordinance No. 5, May, 4, 1853, provides that any and all expenses inci- 
 dent to the issue of any of the bonds of the five million loan, whether cur- 
 rency or sterling as aforesaid, shall in like manner be chargeable and paid 
 by the Baltimore and Ohio Railroad Company. 
 
 1 1841, c. 304, authorized the Mayor and City Council, for the purpose of 
 retiring the stock orders of the Baltimore and Ohio Railroad Company, to 
 issue certificates of stock of a less denomination than one hundred dollars, 
 bearing an interest of six percent, per annum, said certificates of stock to be 
 received by the city corporation at any time when presented in payment of 
 taxes and debt due said corporation ; no certificate of stock thus issued to 
 be of a less denomination than ten dollars. 
 
Stocks, Loans and Finance. 931 
 
 Article XL VI. — Ordinances. 
 
 NORTHERN CENTRAL RAILWAY. 
 
 39. The Northern Central Railway Company shall, on or No. 31, s. 1, 
 before the first day of July, 1865, pay and deliver to the compromise 
 
 •' J J J L J ^jjjj settlement 
 
 Mayor and City Council of Baltimore, in full compromise cJ^^'iJJ'R^n. 
 and settlement of all claims and demands of the city against ^*^" 
 the company, the sum of twenty-six thousand dollars in cash Amount.: 
 and three hundred coupon bonds for one thousand dollars 
 each, made by the said railway company, with interest at 
 six per cent, per annum, payable quarterly, from and after 
 the first day of January, 1865 ; the principal })ayable 
 at the end of twenty years from the said first day of 
 January, 1865, redeemable, nevertheless, in whole or in part 
 within the said period, upon thirty days' notice to the hold- 
 ers thereof. The said bonds to be secured by a mortgage 
 upon said railway. 
 
 Upon the receipt of said cash and bonds, and the payment iwd.s. 2. 
 of the bonds, the Mayor of said city shall execute and de- Release of aii 
 liver to the said railway company, and to the Baltimore and R- w. co.,b. * 
 
 J r J i S. R. R Co. and 
 
 Susquehanna Railroad Company, and the York and Mary- ^- *nd m. l. r. 
 land Line Riiilroad Company, a release of all claims and 
 demands of every nature and description whatsoever, except 
 such liabilities as may remain by virtue thereof; and shall 
 further enter satisfaction on all and every mortgage or other 
 instrument of writing by which any claim of the city of 
 Baltimore is evidenced or secured, and from all claims as 
 stockholders of the said company, except so far as relates to Exceptions, 
 the stock hereinafter mentioned, and except also the bonds 
 of the York and Cumberland Railroad Company for five y. & c. r. r. 
 hundred thousand dollars, guaranteed by the city of Balti- 
 more under ordinance No. 44, approved June 17, 1852, and 
 ordinance No. 76, approved July 22, 1852. 
 
932 Stocks, Loans and Finance. 
 
 Article XL VI.— Ordinances. 
 
 ibid,i. 3. The title and ownership of the Mayor and City Council of 
 
 shMes^of N.c. Baltimore to four thousand shares of the capital stock of the 
 said Northern Central Kailway Company, and to all divi- 
 dends that may hereafter he declared thereon, is herehy 
 ratified and confirmed.* 
 
 No. 44, s. 1, Whenever the Register of the City shall be satisfied by 
 
 June 17, '63. ... . . . 
 
 Guarantee of the exhibition of tlic list of subscriptions, verified by the 
 
 bonds of Y. A _ . . 
 
 c. R. R. Co. oath or affirmation of the president or chief officer of the 
 Susquehanna Railroad Company, that the sum of two hun- 
 dred and fifty thousand dollars has been honafide subscribed 
 to the capital stock of said company, for the purpose of 
 constructing a railroad from the borough of Sunbury, in 
 Northumberland county, to the town of Bridgeport, in Cum- 
 berland county, in the State of Pennsylvania, there to 
 connect with the York and Cumberland Railroad, (the said 
 subscription of two hundred and fifty thousand dollars to be 
 independent of the subscription to be made as hereinaiter 
 stated, by the York and Cumberland Railroad Company,) 
 
 k and upon the presentation to the said Register, either at one 
 
 time or from time to time, after the bonds or certificates of 
 loan of the said York and Cumberland Railroad Company, 
 with a certificate of the president and treasurer of said 
 Susquehanna Railroad Company, of the amounts and dates 
 of the installments as called in, of the capital stock of said 
 company, for a sum not exceeding in the aggregate five 
 hundred thousand dollars, sub-divided as it may suit the 
 convenience of the said York and Cumberland Railroad 
 Company, payable on the first day of January, in the year 
 1877, with interest at the rate of six per cent, per annum, 
 
 Pledge of prop- payable half yearly — in the meanwhile the principal and 
 
 erty. 
 
 interest being secured by a pledge of the property of the 
 
 *By Res. No. 132, July 1, '65, the Commissioners of Finance were autho- 
 ized and directed to sell the city's entire interest in the Northern Central 
 Railway Company for not less than eight hundred thousand dollars. 
 
Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 said York and Cumberland Railroad Company, and of the 
 stock to be subscribed, as hereinafter directed by said com- 
 pany, to the capital stock of the said Susquehanna Railroad 
 Company, then the said Register shall endorse, either in 
 writing or by causing the same to be printed or engraved 
 upon the said bonds or certificates of loan of the said York 
 and Cumberland Railroad Company aforesaid — the guarantee 
 of the Mayor and City Council of Baltimore, to be signed by 
 the Mayor of the said city for the time being, with the cor- 
 porate seal of said city thereto affixed, in the following 
 words: For value received the Mayor and City Council of Form of gu»N 
 Baltimore do hereby guarantee the payment of the within 
 
 bond, (or certificate of loan,) for | , with the 
 
 interest thereon, according to its tenor, under the authority 
 of an Act of the General Assembly of Maryland, passed at 
 January session, 1852,* entitled an act giving certain pow- 
 ers to the Mayor and City Council of Baltimore in regard to 
 the York and Cumberland Railroad Company, and in pur- 
 
 *1852, c. 141, authorized the Mayor and City Council of Baltimore to 
 give such aid towards the construction of the Susquehanna Railroad, from 
 Bridgeport towards Sunbury and Williamsport, on the Susquehanna river, 
 as they might deem expedient, either by lending to the said Susquehanna 
 Railroad Company, or to the York and Cumberland Railroad Company, the 
 stock or bonds of the said city, on condition that tlxe said railroad companies 
 paid the interest on such stock or bonds until the time when the said Sus- 
 quehanna Railroad should be completed and opened from its southern termi- 
 nus to Williamsport, or by a guaranty of the bonds of the said Susquehanna 
 or York and Cumberland Railroad Company, for the purpose aforesaid ; 
 and the said Mayor and City Council were authorized to receive from said 
 York and Cumberland or Susquehanna Railroad Company, such security as 
 might seem most advisable, to idemnify the corporation of Baltimore against 
 any loss, either of the interest or principal of the liability which might be 
 incurred by said corporation for the construction of said Susquehanna Rail- 
 road ; the amount of said guaranty or loan not to exceed the sum of five 
 hundred thousand dollars. 
 
 1854, c 260, entitled an act to provide for the sale of the interest of the 
 State of Maryland in the Baltimore and Susquehanna Railroad Company, 
 and for the completion of the Northern Central Railway, from tide-water in 
 
934 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 suance of an ordinance of the said Mayor and City Council 
 passed on the I'Tth day of June, in the year 1852, entitled 
 an ordinance to guarantee the bonds of the York and Cum- 
 berland Railroad Company. In testimony whereof, , 
 
 Mayor of the said City, hath hereto subscribed his name 
 and caused the corporate seal of the Mayor and City Council 
 
 of Baltimore to be hereto aiSxed, on this day of 
 
 in the year eighteen hundred and fifty 
 
 [seal.] , Mayor. 
 
 the city of Baltimore, to Sunbury, in the State of Pennsylvania, and for 
 vesting certain powers to that end in the Mayor and City Council of Balti- 
 more, enacts : 
 
 4. That the Mayor and City Council are hereby authorized and empow- 
 ered to transfer all the interest of the said Mayor and City Council, whether 
 in the form of bond, mortgage, stock or other interest in the Baltimore and 
 Susquehanna Railroad Company, to the York and Cumberland Railroad 
 Company, whenever the said York and Cumberland Railroad Company 
 duly authorized thereto shall have, under the corporate seal of the said 
 company, assented to and accepted the provisions of an Act entitled an Act 
 to authorize the consolidation of the Baltimore and Susquehanna Railroad 
 Company with the York and Maryland Line Railroad Company, the York 
 and Cumberland Railroad Compan}'-, and the Susquehanna Railroad Com- 
 pany, by the name of the Northern Central Railway Company, it being 
 expressly understood that the said transfer is upon the sole condition that 
 the said Baltimore and Susquehanna Railroad Company, and the several 
 companies herein mentioned, shall fully agree upon the consolidation of the 
 said companies aforesaid, upon terms to be by them agreed upon, otherwise 
 to be of no force and effect ; and the said Mayor and City Council of Balti- 
 more are further authorized and empowered to make any subscription they 
 may think expedient or proper to the stock of said consolidated company, 
 not exceeding the amount of five hundred thousand dollars, or to make any 
 loan to that amount to said company, and to issue the bonds of the corpora- 
 tion therefor, with interest, payable at any time after the year 1880, and to 
 deliver said bonds to said company at par, in payment of said stock or loan, 
 the amount thereof to be appropriated by said company in such manner as 
 the said Mayor and City Council of the city of Baltimore may direct ; or 
 instead of such loan, the said Mayor and City Council are hereby authorized 
 to make such disposition of the stock heretofore subscribed by the corpora- 
 tion of the city of Baltimore in the Baltimore and Susquehanna Railroad 
 Company, and also of the debt heretofore contracted by the said company 
 to the city of Baltimore, as the said Mayor and City Council may judge 
 conducive to the public interest, and also to give their assent to any pro- 
 
Stocks, Loans and Finance. 935 
 
 Article XL VI. — Ordinances. 
 
 Before the said Register shall deliver to the said York and iwd, 8.2. 
 Cumberland Hailroad Company the bonds or certificates of Register, 
 loan so guaranteed by the Mayor and City Council of Balti- 
 more, he shall be satisfied by the delivery to him of a certifi- 
 cate of the president and treasurer of the said Susquehanna 
 Railroad Company, of the subscription to the capital stock of 
 the said company of ten thousand shares, amounting when 
 fully paid, to five hundred thousand dollars, by the said York 
 and Cumberland Railroad Company, and also the delivery by 
 said, York and Cumberland Railroad Company of a good and 
 suflBcient deed, pledging the property of said company and 
 the capital stock subscribed by said company to the said Sus- 
 quehanna Railroad Company, for the payment of said bonds 
 or certificates of loan, and the interest thereon, according to 
 their tenor, in which deed there shall be a proviso that the 
 Mayor and City Council of Baltimore, having first obtained 
 authority from the Legislature of Maryland so to do, may, at 
 any time prior to the payment of the principal of said bonds, 
 elect to take stock at par in the said Susquehanna Railroad 
 Company to the amount' of bonds or certificates of loan so 
 guaranteed, or any part thereof; the Mayor and City Council 
 of Baltimore in that event releasing the said York and Cum- Release, 
 berland Railroad Company from all liability, and guar&ntee- 
 
 ceedings that may be considered advisable for making said stock and debt, 
 or any part thereof, available for the completion of the road of the said 
 consolidated company to Sunbury or to tide-water. 
 
 Ordinance No. 57, June 21, 1854, provides, that the Northern Central 
 Railway Company, (formed by the consolidation of the Baltimore and 
 Susquehanna Railroad Company with the York and Maryland Line Rail- 
 road Company, the York and Cumberland Railroad Company, and the 
 Susquehanna Railroad Company, under the Act of 1854, c. 250,) shall con- 
 form and make good to the Mayor and City Council, all the security 
 stipulated for by the provisions of ordinance No. 44, approved June 17, 1852, 
 and No. 76, approved July 22d, 1852, relative to the guarantee of the bonds 
 of the York and Cumberland Railroad Company, and that notliing herein 
 contained shall be construed to release or impair the security which the city 
 of Baltimore now holds as indemnity for the guarantee of the said bonds. 
 
936 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 ing said company from all loss on account of the said bonds, 
 or such amount thereof as corresponds to the amount of stock 
 80 elected to be taken, assuming the payment of the same in 
 the hands of third parties, without recourse thereafter for 
 principal or interest to the said York and Cumberland Rail- 
 road Company. 
 
 Ibid, 8. 3, The non-payment by the said York and Cumberland Rail- 
 
 Faith of city road Company of the interest, or any part thereof, on the said 
 
 pledged. 
 
 bonds or certificates of loan, or any of them, is hereby recog- 
 nized as giving an instant claim for the payment thereof by 
 the Mayor and City Council of Baltimore, and the faith of the 
 said Mayor and City Council is hereby solemnly pledged to 
 take all such steps as may be necessary to enable them to meet 
 without delay the liabilities incurred by them by the guaran-, 
 tee hereby authorized, under the power given to them by the 
 Act of Assembly of Maryland aforesaid, and for that purpose, 
 should the Council not be in session, the Mayor shall convene 
 the same forthwith, to the end that the holders of the said 
 bonds or certificates of loan may be subjected to no avoidable 
 delay in the punctual payment of the principal and interest 
 thereof, according to their tenor. 
 
 No. 76, July 22, Beforc thc Register, as required by the second section of the 
 Register. abovc Ordinance to which this is a supplement, shall deliver 
 
 to the York and Cumberland Railroad Company the bonds or 
 certificates of loan, as required by the said ordinance to be 
 guarantied by the Mayor and City Council of Baltimore, he 
 shall receive from the said York and Cumberland Railroad 
 York & c. R. Company a good and sufficient deed or deeds, pledging the pro- 
 deed.' perty of the said company for the payment of the said bonds 
 or certificates of loan and the interest thereon, according to 
 Covenant. their tcnor, in which deed or deeds there shall also be a cove- 
 nant on the part of the said York and Cumberland Railroad 
 Company, to hold for the use of the city of Baltimore, as 
 further security to the city of Baltimore for the guarantee of 
 
Stocks, Loans and Finance. 937 
 
 Article XL VI.— Ordinances. 
 
 the said bonds or certificates of loan, any securities which the 
 said York and Cumberland Railroad may or shall obtainjfrom 
 the Susquehanna Railroad Company, for the loan of the said 
 bonds or certificates of loan, or the proceeds thereof, to the 
 said Susquehanna Railroad Company ; and in like manner to 
 hold, for the use of the city of Baltimore, as security as afore- 
 said, any stock in the said Susquehanna Railroad Company, 
 which the said York and Cumberland Railroad Company may 
 at any time receive, upon a subscription or transfer founded 
 upon the bonds or certificates guarantied by the city, or the 
 proceeds thereof, whether said stock shall have been originally 
 subscribed by said York and Cumberland Railroad Company, 
 or obtained in commutation of any loan made by said York 
 and Cumberland Railroad Company, to the said Susquehanna 
 Railroad Company ; it being the intent and purpose of this 
 ordinance to recognize the right and power of the York and 
 Cumberland Railroad Company to appropriate, at their pleas- 
 use, the said bonds or certificates of loan guarantied by the 
 city, or the proceeds thereof, either in loaning the same to the 
 said Susquehanna Railroad Company on such terms and con- 
 ditions as the said York and Cumberland Railroad Company 
 may think fit, taking good security for such loan, and reserv- 
 ing the right to convert the same into stock ; or in making a 
 subscription to the stock of the said Susquehanna Railroad 
 Company, or in purchasing such stock whenever they may 
 think it expedient to do so ; the said securities for the loan, 
 and the said stock when acquired, being, as herein above di- 
 rected, to be held by the said York and Cumberland Railroad 
 Company as further or additional security to the city of Balti- 
 more, for the guarantee of the bonds or certificates of loan as 
 aforesaid. 
 
 As a condition precedent to the guarantee of the said bonds iwd, s. 2. 
 or certificates of loan of the said York and Cumberland Rail- condition of 
 road Company in the manner prescribed in the first section Qf *"""* 
 
938 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 the ordinance to which this is a supplement, the said Susque- 
 hanna Railroad Company shall enter into a permanent con- 
 tract, in writing, with the said York and Cumberland Railroad 
 Company, a duplicate copy of which contract shall be lodged 
 with the Register before the said bonds or certificates of loan, 
 or any part thereof, shall be guarantied by the city, under the 
 corporate seal of the said Susquehanna Railroad Company, 
 that no discrimination in tolls, the rates of transportation or 
 passenger fare, or in the management or working of said Sus- 
 quehanna Railroad Company, shall or will be made of a char- 
 acter to prejudice or impair the interest of the said York and 
 Cumberland Railroad Company, or to divert trade or travel 
 from the city of Baltimore. 
 
 Ibid, s. 3. The bonds or certificates of loans as provided (by the first 
 
 Condition of scction of Ordinance No. 44, June 17, '52, to which this is 
 
 bonds. 7 7 7 
 
 a supplement) to be issued by the said York and Cumberland 
 Railroad Company, for a sum not exceeding in the aggregate 
 five hundred thousand dollars, and to be guarantied by the 
 Mayor and City Council of Baltimore, shall be issued in sums 
 of five hundred or one thousand dollars, (interest payable 
 half yearly on the first day of January and July,) and also 
 upon condition that said bonds or certificates of loan shall 
 not be sold or disposed of by said York and Cumberland Rail- 
 road Company, or said Susquehanna Railroad Company, at 
 less than par ; and said Register shall open upon his stock book 
 a separate account of the bonds or certificates aforesaid, and 
 make a report of the same to the Mayor and City Council 
 aforesaid at their regular annual sessions ; and so much of 
 the second section, and all such part or parts of the said ordi- 
 nance to which this is a supplement as are inconsistent with 
 the provisions of this supplement are hereby repealed. 
 
 NORTHWESTERN VIRGINIA RAILROAD. 
 No. 21, Mar. 14, 40. The Commissioners of Finance are hereby authorized 
 and empowered, in their discretion, to exchange any of the 
 
Stocks, Loans and Finance. 939 
 
 Article XL VI. — Ordinances, 
 stocks held in the Northwestern Virginia sinking fund, to commissioners 
 
 ° ° of Finance to 
 
 Wit — the consolidated loan of 1890 and the City Hall stock of "ch»nfes'?cks 
 
 •' for bonds of Co. 
 
 1900, for bonds of the Northwestern Virginia Railroad Com- 
 pany, endorsed and guarantied by the Mayor and City Council 
 of Baltimore, to mature on the first day of January, 1873, as 
 the same may be presented to them: and to sell any and so To sen stocks 
 
 ■' ^ ' ... to provide for 
 
 much of said stocks as may be required to provide funds for j^ae^pt'on of 
 
 J T. r bonds outstand- 
 
 the redemption of the whole amount of said bonds which may '"*• 
 be outstanding on said first day of January, 1873.* 
 
 * By Resolution No. 75, April 23, '64, the Commissioners of Finance were 
 authorized to sell the entire claim of the city of Baltimore against the North- 
 western Virginia Railroad Company, for a sum not less than $1,100,000 — 
 $100,000 to be paid cash ; the balance to be paid at a period not later than 
 December 1, 1872, with interest to commence January 1, 1864, and to be paid 
 semi-annually on or before the first day of January and July in each year, 
 and with all necessary stipulations to secure an early completion of said 
 road, and of a bridge to connect it with the Marietta and Cincitmati Railroad. 
 The city's interest was sold July 22, '64, to Baltimore and Ohio Railroad Com- 
 pany, for $1,200,000, under propositions and agreements, in report of Com- 
 missioners of Finance, August 25, '64. 
 
 1852, c. 146, authorized the Mayor and City Council to give such aid to 
 the Northwestern Railroad Company of Virginia, as they may deem expedient, 
 either by lending to the said railroad company the stock or bonds of said 
 city, on condition that the said railroad company shall pay the interest on 
 such stock or bonds, until the time when the said rkilroad shall be completed 
 and opened to tlie Ohio river, or by a guaranty of the bonds of the said 
 railroad company ; provided, however, tbat the amount for which the said 
 city shall be responsible shall not exceed the sum of one million five hun- 
 dred thousand dollars; and that to enable the said Mayor and City Council 
 to meet the liability to be incurred by them for principal or interest, under 
 the authority hereby conferred on them, they are emjxiwered hereby, over 
 and above any existing privilege to raise money heretofore imposed upon 
 them, to borrow any amount of money not exceeding one million and a-half 
 of dollars from such persons, on such terms and for such length of time as 
 they, the said Mayor and City Council, from time to time, may find conve- 
 nient and expedient for the accomplishment of the purposes contemplated 
 by this act; and that the said Mayor and City Council are hereby authorized 
 and empowered, in addition to any power of taxation heretofore vested in 
 them, to levy upon the assessable property within the limits of the city, or 
 collect by tax, according to the usual mode of raising money by taxation in 
 the city, any sum or sums of money which may be necessary to pay and 
 discharge the principal and interest of any loan or loans which may be ob- 
 
940 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 PITTSBURG AND CONNELLSVILLE RAILROAD. 
 No. 47, Apr. 16, 41. Whenever the Baltimore and Ohio Railroad Company 
 
 '75. • • • 
 
 Agreement of shall Stipulate and agree by a proper instrument in writmg, 
 ohioR. R Co. signed and executed by its president or president jpro tempore^ 
 
 to pay to Mayor . i n i j 
 
 and City coun and Under its corporate seal, in such form as shall be approved 
 
 cil on or before ^ ' ' * 
 
 onlmniion*'of ^J *^® ^^^^ Counsclor or City Solicitor, to pay to the Mayor and 
 dollars. Q-^^ Council of Baltimore, on or before July 1, 1900, one mil- 
 
 lion of dollars in current money of the United States, in man- 
 Amount of ner follovs^ing, that is to say : forty thousand dollars in current 
 wheTtobe" moucy of the United States on the first day of July in each 
 
 made. _ 
 
 and every year after the year eighteen hundred and seventy-five, 
 until the first day of July in the year eighteen hundred and 
 ninety-nine, inclusive of said year ; and then upon the first 
 day of July, in the year nineteen hundred, so much of said 
 one million of dollars as may then remain unpaid, in current 
 Interest to be money as aforesaid, and in the meantime to pay interest on so 
 
 paid semi-au- ^ {> • 3 •ii-iii • 'j 
 
 nuaUyinde- much 01 Said ouc million dollars as may remain unpaid, semi- 
 
 ferred pay- 
 
 ments. annually, on the first days of July and January in each and 
 
 every year during said period of time, and to make payment 
 
 of the first semi-annual instalment of said interest on the first 
 
 day of July, eighteen hundred and seventy-five, and shall exe- 
 
 To execute a cutc a mortgage approved by the said City Counselor or City 
 
 cure payment SoHcitor of all its real and personal estate, tolls and revenues, 
 
 of principal 
 
 sums and inter- to sccurc the payment of the principal sum so agreed to be 
 paid, and of the interest thereon, and the payment of the said 
 annual sums hereinbefore provided to be paid at the times when 
 the said principal sum, and the interest thereon, and said an- 
 nual sums are respectively due and payable, and when meetings 
 
 tained by the said Mayor and City Council in pursuance of this act. Ordi- 
 nance No. 40, June S, 1852, was passed in conformity with this enabling 
 act. 
 
 By 1852, c. 307, the B. & O. R. R. Co. was authorized, under certain con- 
 ditions, to lend their aid or credit to the N. W. V. R. R. Co. See Mayor, t&c 
 V. B. & 0. R. B. Co., 21 Md. 53. 
 
Stocks, Loans and Finance. 941 
 
 Article XL VI. — Ordinances. 
 
 of the stockholders of the said Baltimore and Ohio Railroad 
 Company, and of the said Pittsburg and Connellsvile Railroad 
 Company,* shall have been called by the respective directors 
 thereof, at such times and places, and in such manner as said 
 respective directors shall designate ; and when the holders of 
 at least two-thirds of the atock of said respective companies, 
 represented at such respective meetings, in person or by proxy, 
 and voting thereat, shall have assented to such agreement and 
 mortgage, then the Mayor of the City of Baltimore shall be, when the May 
 and he is hereby, authorized and directed, upon receiving the council, author- 
 
 ■^ ' ' ^ " ited to make 
 
 said agreement and mortgage, executed and assented to as co°g*,°si*\;.^ 
 aforesaid, to execute, acknovledge and deliver, in the name ^*"ciaiin"»cl, 
 and on behalf of the Mayor and City Council of Baltimore, to city dmi^cli in 
 the said Baltimore and Ohio Railroad Company, a conveyance Pitwburgand 
 
 ^ ] '' CounellsviUe 
 
 and assignment of all the estate, interest and claims of the said ^' ^ t^o- 
 Mayor and City Council of Baltimore, as bondholder, creditor 
 or otherwise, in, to or against the said Pittsburg and Connells- 
 ville Railroad Company, and in, to or against the property of 
 said railroad company ; and shall assign and deliver up to the 
 said Baltimore and Ohio Railroad Company all the evidences 
 of debt, interest in, or claims against the said Pittsburg and 
 Connellsville Railroad Company by the Mayor and City Coun- 
 cil of Baltimore, owned or held ; provided, however, that the 
 said agreement in writing, hereinbefore provided to be made 
 by the said Baltimore and Ohio Railroad Company, and the 
 said mortgage hereinbefore provided to be executed by the said 
 company, shall not be executed or received, and the conveyance 
 
 * This ordinance recites, that it is necessary that further aid should be 
 extended in order to complete the construction of tlie Pittsburg and Con- 
 nellsville Railroad, and that the Baltimore and Ohio Railroad Company is 
 willing to extend such aid, provided it can, before so doing, be protected 
 against the claims of the Mayor and City Council of Baltimore, upon and 
 against the said Pittsburg and Connellsville Railroad Company. 
 
 The Act of 1872, c. 400, changed the name of this corporation, (incorpor- 
 ated by Act of 1853, c. 88,) to the Pittsburg, "Washington and Baltimore 
 Railroad Company. 
 
942 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 and assignment hereinbefore provided for to be made by the 
 
 Mayor of the City of Baltimore, on behalf of the Mayor and 
 
 Public notice of Citv Council thereof, shall not be executed until public notice 
 
 sale to be given. ' 
 
 shall have been first given of such proposed sale by the publi- 
 cation of this ordinance in one or more of the public news- 
 papers of the city of Baltimore, at least once a week for three 
 successive weeks, before the execution of the agreement and 
 mortgage hereinbefore provided to be made by the said Balti- 
 more and Ohio Railroad Company. 
 
 Ibid, 3. 2. The interest on the said one million of dollars, and the said 
 
 Interest on the Several annual payments so provided to be paid under the said 
 
 one million 
 
 dollars and the agreement and mortgage, shall, if the said affreeraent and 
 
 several annual " 00^7 o 
 
 Fnve"fe'd!n°the ^lortgagc are executed and accepted as hereinbefore provided, 
 the^cuy.^*""* be invested, as the same are paid, in the public debt of the 
 city of Baltimore; and the balance of said one million of 
 dollars therein and thereby stipulated to be paid shall also be 
 invested, when the same is paid, in the public debt of the city 
 of Baltimore. 
 
 Ibid, 8. 3. The right is hereby reserved to the said Baltimore and Ohio 
 
 Right reserved Railroad Compauy to pay and discharge said mortgage debt of 
 
 to B. & O. R. R. 
 
 Co. to discharge ouc milHou of dollars, or so much thereof as may remain un- 
 
 wanrtgAge debt ' •' 
 
 upo°n giving"'^ P^^^' ^^ ^^y ^^"^^ before the maturity thereof, upon its giving 
 nou'ce'in^writ- sixty days' prior noticc in writing of its intention so to do; 
 °^' and upon payment of the remainder of the principal of said 
 
 mortgage debt, and of all arrears of interest, and of a propor- 
 tion of the interest accruing upon said mortgage debt to the 
 date of the full payment thereof, it shall be the duty of the 
 Mayor of the City of Baltimore, for the time being, in the 
 name and on behalf of the Mayor and City Council of Baltimore, 
 to execute and deliver to the said Baltimore and Ohio Railroad 
 Company a release of the mortgage hereinbefere provided for, 
 and to cancel and deliver up the agreement secured thereby. 
 
 Note. — 1853, c. 269, authorized the Mayor and City Council to give such 
 aid to the Pittsburg and Connellsville Railroad Company as they may deem 
 
Stocks, Loans and Finance. 943 
 
 Article XL VI. — Ordinances. 
 
 UNION RAILROAD. 
 
 42. Whenever the Comptroller of the City shall be satis- No. n, June u, 
 fied that the sum of one hundred and fifty thousand dollars Amount stock 
 
 subscribed. 
 
 has been bona fide subscribed, and the instalments thereon 
 duly paid as part of the capital stock of the Union Railroad 
 Company, as provided in the Act of Assembly, passed at 
 January session of 186fi, and amended at January session of 
 1867, for the purpose of constructing a railroad from a' point 
 near Owings' Mills, on the line of the Western Maryland 
 Railroad, to tide-water at Canton, together with a lateral 
 road to the city of Baltimore connecting therewith, and 
 whenever the Mayor, Comptroller and Register shall be sat- 
 
 expedient, either by lending to the said railroad company the stock or bonds 
 of the said city, on condition that the said railroad company shall pay 
 the interest on such stock or bonds until the time when the said railroad 
 shall be completed and opened from Pittsburg, in Pennsylvania, to Cumber- 
 land, in Maryland, or by a guarantee of the bonds of the said railroad com- 
 pany ; provided, however, that the amount for which the said city shall be 
 responsible, shall not exceed the sum of one million dollars ; and that to 
 enable the said Mayor and City Council to meet the liability to be incurred 
 by them for principal or interest, under the authority hereby conferred on 
 them, they are empowered hereby, over and above any existing privilege to 
 raise money heretofore imposed upon them, to borrow any amount of money 
 not exceeding one million dollars, from such persons, on such terms, and for 
 such length of time, as they, the said Mayor and City Council, from time to 
 time, may find convenient and expedient for the accomplishment of the 
 purposes contemplated by this act ; and that the said Mayor and City Coun- 
 cil are hereby authorized and empowered, in addition to any power of taxa- 
 tion heretofore invested in them, to levy upon the assessable property within 
 the limits of the city of Baltimore, or collect by tax, according to the usual 
 mode of raising money by taxation in said city, any sum or sums of money 
 which may be necessary to pay and discharge the principal and interest of 
 any loan or loans which may be obtained by the said Mayor and City 
 Council of Baltimore in pursuance of this act. 
 
 Ordinance No. 74, June 24, 1853, was passed in conformity with this 
 enabling act. The subsequent ordinances relating to this subject are No. 29, 
 June 10, 1856; No. 22, April 21,1858; No. 7, February 18, 1865 ; No. 16, 
 March 13, 1868; No. 32, May 5, 1868; No. 107, June 19, 1871, and No. 48, 
 April 13, 1873. 
 
944 
 
 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 isfied that the president and directors of said Union Eailroad 
 Company have entered into a contract with responsible 
 parties, and the work of constructing said railroad has 
 actually been commenced in conformity with the ninth 
 When to guar- scction, as amended, of said Act of Assembly,* then the 
 
 antee bonds of ■• n ^ -»/r 
 
 Eegister of the City with the approval oi the Mayor, shall 
 
 company. 
 
 Ibid, 8. 2. 
 Mortgage. 
 
 guarantee the bonds of the Union Railroad Company of 
 Baltimore, as provided and stipulated by this ordinance in 
 the name of the Mayor and City Council of Baltimore, to an 
 amount not exceeding in the whole five hundred thousand 
 dollars. 
 
 Before any bonds are guarantied by the Register as herein 
 provided, the Union Railroad Company of Baltimore shall 
 execute a good and sufficient mortgage to the Mayor and City 
 Council of Baltimore, covering all the present and hereafter 
 to be acquired estate, p-operty and effects of the said com- 
 pany, together with its present and prospective tolls and rev- 
 
 * 1866, c. 119, sec. 9, as amended by the Act of 1867, c 74, is as follows : 
 The president and directors of said company shall be invested with all the 
 rights and powers necessary to the construction and repair of a railroad 
 from some point on the Western Maryland Railroad at or near O wings' Mills, 
 by way of Powhatan and Wetheredville, to the city of Baltimore, west of 
 Charles street, and also from some point on said Union railroad to tide-water 
 at Canton, in Baltimore city, or county, or either, with power to cross over, 
 upon or under any other railroad, street or highway of any character what- 
 ever, together with any lateral railroad to the city of Baltimore, connecting 
 therewith, with as many sets ot tracks as may be deemed necessary, not ex- 
 ceeding sixty-six feet wide for the graded surface of said road or roads, and the 
 said president and directors, or a majority of them, may make any contract, or 
 contracts, to be made between said company and any person or persons for the 
 construction of the whole or any parts of such works, and said company or 
 agents may enter upon and use any lands required for the construction of 
 such road or roads and their necessary and convenient buildings and equip- 
 ments, and may take and use such materials as may be required for the 
 construction and repair thereof, according to the provisions of the Act of 
 1852, c. 336, sec. 14, entitled, an Act to incorporate the Philadelphia, Wil- 
 mington and Baltimore Railroad Company. This Act of 1867, c. 74, was re- 
 pealed by Act of 1870, c. 413. 
 
Stocks, Loans and Finance. 945 
 
 Article XL VI. — Ordinances. 
 
 enues to secure the payment of the principal and interest, in 
 priority, of any bonds guarantied by the said Mayor and 
 City Council, and to indemnify and save harmless the Mayor 
 and City Council such guarantee as herein provided, said 
 mortgage to be approved by the Mayor, Comptroller and 
 Kegister, or a majority of them, and deliver to the Register. 
 
 The bonds to be issued under the provisions of this ordi- ibid,«. 3. 
 nance shall be of five hundred dollars or one thousand dol- DenomintUon 
 
 . of bonds. 
 
 lars each, payable on the first day of January, 1895, with 
 interest, meanwhile, at the rate of six per cent, per annum, interest, 
 payable semi-anually on the first day of January and July 
 in the city of Baltimore. 
 
 The construction of said railroad shall commence on or ibid, a. 4. 
 before the first day of August, 1867, and such route as to commencem'nt 
 
 . , . , •"'1 completion 
 
 alignment and gradients, shall be secured as will be, in the »« "-"'J- 
 
 judgment of the Mayor, Register and Comptroller, the most 
 
 direct that can be obtained between the termini and the 
 
 whole road, with a freight and passenger depot, west of 
 
 Pennsylvania avenue, and depot at Canton, in the city of 
 
 Baltimore, shall be completed within three years thereafter ; 
 
 and the said bonds shall be guarantied, as the work pro- when bond* to 
 
 , . be guarantied. 
 
 greases, in such proportion as a majority of the finance 
 committee shall from time to time determine. 
 
 When the conditions and provisions of the foregoing sec- ibid, s. 5. 
 tions are complied with, the Register of the City, with the conditions, 
 approval of the Mayor, shall endorse, either in writing, or 
 by causing the same to be printed or engraved upon the said 
 bonds, the guarantee of the Mayor and City Council of Bal- The guarantee, 
 timore, to be signed by the Mayor and countersigned by said 
 Register, with the corporate seal of the city thereto affixed, 
 in the following words : 
 
 For value received, the Mayor and City Council of Balti- Description of 
 more do hereby guarantee the payment of the within bond 
 
94t6 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 of dollars, with the interest thereon according to its 
 
 tenor, under the authority of an Act of the General Asseni- 
 hly of Maryland, passed at January session of 1866, entitled 
 an Act to incorporate the Union Eailroad Company of Balti- 
 more, and to authorize the Mayor and City Council of 
 Baltimore to endorse the honds of said company, and in 
 pursuance of an ordinance of the said Mayor and City 
 Couucil, passed on the 11th day of June, 186'7, entitled an 
 ordinance to endorse and guarantee the first mortgage bonds 
 of the Union Eailroad Company of Baltimore. 
 
 In testimony whereof, ■, Mayor of said city, 
 
 hereto subscribes his name, and causes the corporate seal to 
 be hereto affixed on this day of in the year eigh- 
 teen hundred and — . , Mayor. 
 
 No. 71, May 31, Whcreas, by reason of the obligations about to be incurred 
 
 '70. . . 
 
 Construct line by the Mayor and City Council of Baltimore in the loan of 
 
 of railway. 
 
 its credit to the Western Maryland Eailroad Company for 
 the construction of a line of railroad from wings' Mills to 
 the city of Baltimore, it has become inexpedient that the 
 Union Eailroad Company of Baltimore should construct its 
 line of railway between' the same points ; and whereas, the 
 said Union Eailroad Company of Baltimore is willing to re- 
 linquish its right to construct all that part of its road lying 
 west of a point on the line of the Western Maryland Eail- 
 road at or near the northwest boundary of the city of Balti- 
 more, and hath been authorized so to do by an Act passed 
 by the General Assembly at its last session,* and in view of 
 the obligation on the part of the Mayor and City Council of 
 Baltimore to endorse the bonds of the said company, and of 
 the endorsement- already made by it on the bonds of the said 
 company, it is important that the construction of the road 
 
 *Act of 1870, c. 413, which repealed the Act of 1867, c. 74, and amended 
 the charter (1866, c. 119) of the company. 
 
Stocks, Loans and Finance. 947 
 
 Article XL VI. — Ordinances, 
 of the said comr'any should be completed as soon as possible, constmction to 
 
 ^ "^ *• ^ *• be completed as 
 
 and the company be placed in condition to pay its interest ; soonagposaiwe. 
 therefore, this ordinance enacts and ordains as follows : 
 
 The said Union Railroad Company of Baltimore is hereby iwd, g.i. 
 relieved from the obligation to expend any of the proceeds Relief to union 
 
 ° ^ ^ •' . f. . Railroad Co. 
 
 of the bonds so to be endorsed in the construction of its line 
 of railway west of the western limits of the city of Balti- 
 more, and to provide a depot elsewhere than at Canton ; and 
 the bonds yet to be endorsed on behalf of the Mayor and 
 City Council of Baltimore shall be guarantied at such time 
 and in such amounts as the Commissioners of Finance shall 
 deem best, and the bonds shall be sold under the direction Bonds to be sold 
 
 (%■,,,. by Commls- 
 
 of the Commissioners of Finance, and the proceeds thereof sioners of fi- 
 
 ' '■ nance. 
 
 furnished to the company as the work progresses, pari passu Pr»ce«ds. 
 with an equal amount of money furnished by said company, 
 to be used in the construction of the said Union Kailroad, 
 between tide-water at Canton, as the eastern terminus, and Termini, 
 some point on the line of the Western Maryland Railroad, 
 at or near the northwestern boundary of the city of Balti- 
 more, as the western terminus of the said Union Railroad. 
 
 The mortgage heretofore executed by the Union Railroad ibid, s.a. 
 Company of Baltimore to the Mayor and City Council of Mortgage. 
 Baltimore, shall be and continue a lien only upon that por- 
 tion of the line of said Union Railroad which shall lie east 
 of Belvidere bridge, and the officers of the city shall cause 
 to be prepared and executed a proper and sufficient release Release in part, 
 of said mortgage, in so far as the same may cover or affect 
 that portion of the line of said Union Railroad which may 
 lie west of said Belvidere bridge. 
 
 Before the endorsement or guarantee of any of the bonds iwd, s. a. 
 mentioned in the first section, and before the release of mort- conditions, 
 gage authorized by the second section of this ordinance shall 
 be made, all the Commissioners of Finance shall be satisfied 
 
948 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Precedent. that the said Union Kailroad Company of Baltimore has en- 
 tered into a valid contract, or valid contracts, to build said 
 railroad from its eastern terminus at Canton to its western 
 terminus at or near the northwestern limits of the city of 
 Baltimore, and that said company has by stock subscriptions, 
 by bonded debt, or otherwise, secured the command of an 
 amount of money sufficient, together with the proceeds of 
 
 Endorsement of the bouds SO to be cndorscd, to carry out said contract or 
 contracts, and to complete said railroad between the said 
 termini. And as a further condition of the endorsement of 
 said bonds, and of the disbursement of the proceeds thereof, 
 the said Commissioners of Finance shall require that the 
 
 Commencement Said compauy shall commcnce the work of building said 
 railroad simultaneously, and shall conduct it at the same 
 time and rateably on the line on the west and on the line on 
 the east side of said Belvidere bridge. 
 
 Ibid, 9. 4. The time limited for the completion of the road and the 
 
 Time extended, dcpot at Cauton , is hereby extended to the first day of Jan- 
 uary, eighteen hundred and seventy-three, and work on the 
 construction of the road shall, be resumed within nine 
 months from the passage of this ordinance ; such parts of 
 the said ordinance number forty-one, approved June eleventh, 
 eighteen hundred and sixty-seven, as are inconsistent here- 
 with are hereby repealed. 
 
 No. 24, March Whercas, by an ordinance approved on the eleventh day 
 
 21 '72. ' 'I i J- 
 
 Preamble. of Junc, 1867, [p. 943, anifg,] provisiou was made for the en- 
 dorsement by the Mayor and City Council of Baltimore, of 
 the first mortgaged bonds of the said company, to the ex- 
 tent of five hundred thousand dollars, and under such 
 authority endorsements were obtained on bonds to the 
 amount of one hundred and seventeen thousand dollars, 
 when, it having been ascertained that sufficient funds to 
 complete the road had not been obtained, further endorse- 
 
Stocks, Loans and Finance. 949 
 
 Article XL VI. — Ordinances. 
 
 merits were refused, and the Mayor and City Council re- 
 mained without security of any practical value, and were 
 compelled to make provision for the payment of the interest 
 upon the bonds so endorsed, until the year eighteen hundred 
 and seventy ; and whereas, during the year eighteen hun- 
 dred and seventy, the control of the said company passed 
 into the hands of the present corporators, by whom the in- 
 terest has been promptly met, and during the said year 
 application was made for an endorsement of the residue of 
 said five hundred thousand dollars, under modified terms, 
 and provision was made therefor by an ordinance approved 
 May 31st, 1870; and whereas, also, under the anticipation 
 that the road of said company would be mainly constructed 
 from the means so to be obtained, the said company applied 
 to the G-eneral Assembly of Maryland at the January ses- 
 sion of 1870, and caused to be passed an amendment to the 
 charter of the company, under which the Mayor and City 
 Council of Baltimore became entitled to the appointment of 
 such number of directors as would give to the Mayor and City 
 Council of Baltimore a majority of one in the board of 
 directors, and became also entitled to a controlling vote at 
 all corporate meetings ; but after the passage of the last 
 named ordinance and act of assembly, it became apparent 
 that the means to be derived from said endorsement would 
 be so far inadequate that the company was unable to act un- 
 der the ordinance, and has not obtained any further endorse- 
 ment, but has by means of stock subscription, and an en- 
 dorsement of bonds by the Canton Company of Baltimore, 
 obtained the sum of about one million three hundred and 
 eighty-three thousand dollars, much of which has been and 
 is being expended ; and whereas, although the construction 
 of the road has reached an advanced stage, it is yet neces- 
 sary to raise a large additional sura by mortgage, which 
 will be the third in order, the first mortgage being only for 
 
950 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 said one hundred and seventeen thousand dollars, thus 
 rendered amply secure ; and whereas, by reason of the terms 
 of the charter of the company, and as a result from the un- 
 anticipated endorsement hy a corporation other than the 
 Mayor and City Council, the board of directors has been 
 rendered so large that the affairs of the company cannot be 
 conducted without a change, and, as all companies can use 
 the road on equal terms, and as the city is now so amply 
 secured, it is deemed just that the powers of the city should 
 be reduced and the company be restored to the control of its 
 own affairs, and this ordinance enacts and ordains as follows : 
 
 No. 24, March The Mayor and City Council hereby assents to the passage 
 Actof Assem- of an act by the General Assembly of Maryland* whereby 
 Power of Mayor the powcp of the Mayor and City Council of Baltimore, in 
 
 and City Coun- '^ *' ,., xT--r.-ii^ 
 
 ciitobecon- reference to the management of the Union Railroad Com- 
 
 fined to two di- ° 
 
 rectors. pauy of Baltimore, shall be confined to the choice of two 
 
 directors in a board to be composed of not less than nine nor 
 more than thirteen members, the other members to be 
 
 Right to vote at selected as the said company may deem best, and all right 
 
 meetings of , pt iiii»iit 
 
 stockholders re- to voto at the meetings of the stockholders is hereby relin- 
 
 linquished. ° -^ 
 
 Proviso. quished ; provided, however, that before this section shall 
 
 Company to ex- be Operative, the said company shall execute and deliver to 
 liver a full re- the Mayor and City Council of Baltimore a full release of 
 
 lease. 
 
 all further claim to endorsements by the Mayor and City 
 Council of Baltimore, the form of such release to be approved 
 by the City Solicitor. 
 
 VIRGINIA VALLEY RAILROAD. 
 No. 59, Sept. 14, 43. The Commissioners of Finance of said city are hereby 
 
 8. 1, 1869. . . . . T> • 
 
 Subscription to authorized and required, in the name of the city of Baltimore, 
 pany. to subscribe for one million of dollars of the stock of the Val- 
 
 ley Railroad Company, in the State of Virginia ; and from time 
 
 *TheActof 1872, c. 119. 
 
Stooes, Loans and Finance. 051 
 
 Article XLVI. — Ordinances. 
 
 to time, as may be required for the purpose of paying such 
 subscription, the Register of the City is hereby authorized and 
 directed to issue the bonds of the city of Baltimore; the pro- Bonds of city, 
 ceeds of the sale of such bonds to be used to pay the quotas of 
 the said city's subscription to said stock, as the same may be 
 called for by the said company ; said bonds to be issued in sums 
 of not less than one hundred dollars each, redeemable in fifteen 
 years, and bearing interest at the rate of six per cent, per annum, 
 payable quarterly, and transferable as other city bonds are 
 transferred ; provided,, however, that such subscription shall Proviso, 
 not be made until the further sum of two million two hundred conditions, 
 thousand dollars shall have been validly subscribed to the stock 
 of said Valley Railroad Company, either by the counties and 
 towns in the Valley of Virginia, or by persons or corporations 
 solvent and able to pay the amounts of their respective sub- 
 scriptions ; nor until at least thirty per cent, of the amount of 
 every subscription which shall be made to said stock by in- 
 dividuals or corporations, other than said counties, shall have 
 been paid in cash to said company ; nor unless at least one 
 million of dollars of the aforesaid two million two hundred 
 thousand dollars shall have been subscribed by the said counties 
 and towns in the Valley of Virginia, or by a corporation or 
 persons resident therein, and solvent, and able to pay the 
 amount of their respective subscriptions ; and provided further, Proviso, 
 that no payment on such subscription shall be made until pro- 
 vision, satisfactory to the said Commissioners of Finance, has 
 been made by said Valley Railroad Company, by additional 
 subscriptions of stock or otherwise, for the means to construct 
 and complete said railroad throughout its entire length, from 
 Harrisonburg, in the county of Rockingham, to Salem, in the 
 county of Roanoke, in the State of Virginia ; and provided proviso, 
 further, that the city of Baltimore, as a stockholder in said 
 Valley Railroad Company, shall be entitled to all the rights 
 and privileges of other persons and corporations holding stock 
 in the same, and that no preference shall be given or allowed Preference. 
 
953 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 by said company to any other stockholders over said city of 
 Baltimore ; and provided further, that said subscription shall 
 not be made, nor said debt contracted, until the same be au- 
 ActofAssem- thorizcd by an act of the General Assembly of Maryland, 
 nor until this ordinance be approved by the votes of a majority 
 of the legal voters of the city of Baltimore.* 
 
 WESTERN MARYLAND RAILROAD. 
 No. 68, s. 1, 44. After the Mayor, Regrister and Comptroller of the 
 
 July 23, '60. , . , ./ ' » I 
 
 Mortgage bonds City, or a majority of them, shall be satisfied that a first mort- 
 
 of company. ' , 
 
 gage has been duly executed, covering all the property, effects 
 and revenues of the Western Maryland Railroad Company, 
 novsr built, or to be built, for the sole purpose of securing the 
 principal and interest of certain bonds or certificates of stock 
 issued by the Western Maryland Railroad Company, to an 
 Amount. extent not greater than six hundred thousand dollars, and also 
 
 upon the oath or affirmation of the president, together with a 
 majority of the directors of said Western Maryland Railroad 
 Company, that such is the case, the Register is hereby author- 
 ized and required, upon the presentation to him, by the trea- 
 surer of the said company, either at one time, or from time to 
 
 * The Act of 1870, c. 90, made it lawful for the Mayor and City Council of 
 Baltimore to subscribe to one million of dollars of the capital stock of the 
 Valley Railroad Company, incorporated by the State of Virginia, upon the 
 terms and conditions, and in the manner specified and provided for in and 
 by the above ordinance, entitled "An ordinance to authorize a subscription 
 of one million of dollars to the stock of the Valley Railroad Company, in 
 the State of Virginia, and a loan to pay such subscription, or upon such 
 other terms and conditions, and in such manner as the said Mayor and City 
 Council may hereafter by ordinance prescribe, but such subscription, if 
 made as herein authorized to the said capital stock, shall not exceed the 
 said amount of one million of dollars ; and the said subscription shall not 
 be made until the ordinance authorizing or directing the same to be made 
 shall be submitted to the legal voters of the city of Baltimore, at such time 
 and places as are or may be fixed by such ordinance, and be approved by a 
 majority of the votes cast at such time and places." The ordinance was 
 submitted and duly approved. 
 
Stocks, Loans and Finance. 953 
 
 Article XL VI. — Ordinances. 
 
 time, of the said bonds or certificates of loan of said railroad 
 company, to endorse or guarantee the same for a sum not ex- Guarantee 
 ceeding seventy-five thousand dollars, as may suit the con- 
 venience of said railroad company, in sums of five hundred Amountofeach 
 
 '^ •" ^ bond. 
 
 dollars and one thousand dollars each — said bonds or certifi- 
 cates of stock being payable on the first day of January, 1890, wbenpayaWe. 
 with interest at the rate of six per cent, per annum, payable 
 half yearly in the city of Baltimore, on the first day of Jan- 
 uary and the first day of July, successively, in each and every 
 intervening year; in the meanwhile the principal and interest 
 being secured by a pledge of the property and revenues of Property piedg- 
 the said Western Maryland Railroad Company ; and also a 
 condition that the said bonds, or certificates of loan, shall not 
 be sold or disposed of by said company at less than par. 
 
 Upon the completion of five additional miles of track to iwd, ». 2. 
 that now laid of said railroad by said Western Maryland Rail- Additional, 
 road Company from Baltimore, in the direction of Emraetts- 
 burg, satisfactory to the Mayor, Register and Comptroller, or 
 a majority of them, then in that case the Register of the City 
 shall, in the same manner and upon the same conditions as 
 named in the foregoing section of this ordinance, endorse Amount, 
 twenty-five thousand dollars more of the said bonds or certifi- 
 cates of loan of said Western Maryland Railroad Company. 
 
 When five additional miles between Baltimore and Eramette- iwd.s.a. 
 burg shall have been completed and in operation, to the satis- Additional, 
 faction of the Mayor, Register and Comptroller, or a majority 
 of them, the Register of the City shall, in the same manner 
 and upon the same conditions hereinbefore named, and under 
 aforesaid restrictions contained in section one of this ordi- 
 nance, endorse twenty five thousand dollars additional of the Amount, 
 said bonds or certificates of loan. 
 
 When five additional miles of track of said railroad belaid ibid,8.4. 
 between Baltimore and Emmettsburg by said Western Mary- Additional, 
 land Railroad Company, as shall be satisfactory to the Mayor, 
 
954 
 
 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Register and Comptroller, or a majority of them, then in that 
 case the Register of the City shall, in the same manner and 
 upon the same conditions as named in the first section of this 
 ordinance, endorse twenty-five thousand dollars additional of 
 the said bonds or certificates of loan of said Western Mary- 
 land Railroad Company. 
 
 Amount. 
 
 Ibid, s. 5. 
 Additional. 
 
 Amount. 
 
 Ibid, 8. 0. 
 Additional. 
 
 Amount. 
 
 Ibid, 8. 11. 
 Par value. 
 
 Sinking fund. 
 
 When five additional miles between Baltimore and Em- 
 mettsburg shall have been completed and in operation, to the 
 satisfaction of the Mayor, Register and Comptroller, or a ma- 
 jority of them, the Register of the City shall, in the same 
 manner and upon the same conditions hereinbefore named, and 
 under aforesaid restrictions as contained in section one, en- 
 dorse twenty-five thousand dollars additional of the said bonds 
 or certificates of loan. 
 
 When five additional miles of track of said railroad be laid 
 between Baltimore and Emmettsburg by said Western Mary- 
 land Railroad Company, as shall be satisfactory to the Mayor, 
 Register and Comptroller, or a majority of them, then in that 
 case the Register of the City shall, in the same manner and 
 upon the same conditions as named in the first section of this 
 ordinance, endorse twenty-five thousand dollars more of the 
 said bonds or certificates of loan of said Western Maryland 
 Railroad Company. 
 
 The proceeds of the sale of said bonds, both those secured 
 by the first and second mortgages, in the stock market, or else- 
 where, which shall not be disposed of at less than par, as 
 provided in section one of this ordinance, in excess of eighty 
 per cent., shall be placed in the hands of the Register of the 
 City, on account of the Mayor and City Council of Baltimore, 
 to be by him held and invested in said endorsed bonds, or 
 other securities of the city of Baltimore, as a sinking fund 
 for the security of the payment of the principal and interest 
 of said bonds. 
 
Stocks, Loans and Finance. &65 
 
 Article XL VI. — Ordinances. 
 
 ■ The Register's endorsement of the bonds named and de- iwd, 8.12. 
 scribed in previous sections of this act, shall either be in Register's en- 
 
 ^ ^ dorsement. 
 
 writing or by causing said endorsement to be printed or en- 
 graved upon the same — said bonds or certificates of loan of 
 the Western Maryland Railroad Company, the guarantee of 
 the Mayor and City Council of Baltimore, to be signed by corporate seal, 
 the Mayor of said city for the time being, with the corporate 
 seal of said city thereto affixed, in the following words: For 
 value received, the Mayor and City Council of Baltimore do 
 hereby guarantee the payment of the within bond or certifi- 
 cate of loan, for $ , with interest thereon, according to its 
 
 tenor, in pursuance of the provisions of an ordinance of the 
 Mayor and City Council, approved the 23d day of July, in the 
 year 1860, entitled an ordinance to endorse and guarantee a 
 portion of the first mortgage bonds of the Western Maryland 
 Railroad Company, and by the act of the General Assembly 
 of Maryland approving the aforesaid ordinance.* 
 
 In testimony whereof, , Mayor of the said Attest. 
 
 City of Baltimore, hath hereto subscribed his name and caused 
 the corporate seal of tlie said city of Baltimore to be hereto 
 aflixed on this day of , in the year eighteen hun- 
 dred and . 
 
 , Mayor. 
 
 The coupons attached to said bonds or certificates of loan iwd, ». 13. 
 named and described in the previous section, shall be guaran- Guarantied, 
 tied by endorsing in writing, printing or engraving thereon 
 the words : Guarantied by the Mayor and City Council of 
 Baltimore. , Megister. 
 
 * 1860, c. 20, enacted : that the Mayor and City Council of Baltimore are 
 authorized to endorse or guarantee the payment of the principal and interest 
 on the first mortgage bonds of the Western Maryland Railroad Company 
 to an amount not exceeding in the aggregate two hundred and fifty thou- 
 sand dollars, in such manner and form as they, the said Mayor and City 
 Council, may deem best ; and the Mayor and City Council may exercise the 
 authority hereby granted at any time hereafter, as they may deem proper. 
 
956 
 
 Stocks, Loans and Finance. 
 
 Article XLVI. — Ordinances. 
 
 Faith of city 
 pledged. 
 
 Proviso. 
 
 The Register being authorized to use a stamp with a fac 
 simile of his signature, in lieu of his own proper signature on 
 such coupons. 
 
 Ibid, s. 14. The non-payment by the Western Maryland Railroad Com- 
 
 Non-payment, pauy of the interest, or any part thereof, on the said bonds oi 
 certificates of loan, or any of thoin, thus endorsed, shall be 
 hereby recognized as giving an instant claim for the payment 
 thereof by the Mayor and City Council of Baltimore, and the 
 faith of the said Mayor and City Council of Baltimore is 
 hereby solemnly pledged to take all such steps as are usual in 
 such cases, and as may be necessary to enable them to meet 
 without delay the liabilities incurred by them by the guaran- 
 tee hereinbefore authorized and confirmed by the act of the 
 General Assembly of Maryland ; provided, however, that 
 should the Register have proof laid before him that any of the 
 funds raised under the provisions of this ordinance are being. 
 or have been applied towards paying any indebtedness oi 
 liabilities of the said Western Maryland Railroad Company, 
 incurred previous to the passage of this ordinance, (or of othei 
 violation of any provision herein contained,) all further en- 
 dorsement of the said bonds shall be withheld ; it being here- 
 Agreement. by fully Understood and agreed upon, between the Mayor and 
 City Council of Baltimore and the Western Maryland Rail- 
 road Company, (on the acceptance by the said company of anj; 
 of the provisions of this ordinance,) that the money raised bj 
 the negotiation and sale of any and all of the said bonds, shall 
 be solely applied towards the extension of the said railroad 
 from its present terminus at Reisterstown to Hagerstown, 
 Further proviso Maryland; and provided further, that the said Western Mary 
 land Railroad Company shall have taken the necessary steps 
 by which the city of Baltimore has become entitled to have a 
 Two ciiy direc- permanent representation of two members in the board ol 
 *""' directors of said railroad company ; and should the ratio o] 
 
 directors be increased at any time hereafter, on the part of the 
 
Stocks, Loans and Finance. 957 
 
 Article XL VI. — Ordinances. 
 
 stockholders, those of the city of Baltimore shall be increased 
 in like proportion ; and provided further, that all the neces- Further proriio 
 sary expenses that may be incurred in carrying out the several 
 provisions of this ordinance shall be promptly paid by the 
 Western Maryland Railroad Company.* 
 
 Upon the completion of each mile of track, additional to No. 73, May is, 
 that now laid, of said railroad from Union bridge in the direc- completion .r 
 tion of Hagerstown, Washington county, satisfactory to the 
 Mayor, Register and Comptroller of the City, or a majority of 
 them, the Register of the City shall, in the same manner pro- 
 vided in the ordinance No. 68, July 23, 1860, of which this is 
 an amendment, for the endorsement of the first mortgage Register to en- 
 
 ii/>»-i'ii 1 J dorse the aec- 
 
 bonds of said railroad company, endorse the second mortgage ond mortgage 
 bonds of said railroad company, to such an amount that the 
 sum of three hundred thousand dollars, the whole amount of 
 such second mortgage bonds to be endorsed under the pro- 
 visions of this section, shall be distributed rateably over the 
 whole numbers of miles lying on the route adopted, between 
 Union bridge and the border of Washington county, the said 
 liegister being hereby directed to endorse the said sum of Endorsement 
 tiiree hundred thousand dollars of said second mortgage bonds mi\e. 
 in sums equal to the quotient of said three hundred thousand 
 dollars, divided by the number of miles between Unionbridge 
 and the line of Washington county, on the route selected ; 
 provided, that the Western Maryland Railroad Company shall 
 have first executed and delivered to the Register of the City, 
 a good and satisfactory mortgage, covering all the property Mortgage to be 
 and efiects of the said company that now belong or may here- 
 after belong to it, as well as all the present and future net 
 revenue of said company, in the name of the Mayor and City 
 Council of Baltimore, in trust to secure the payment of the 
 principal and interest of the bonds to be endorsed in accord- 
 
 * Sec. 15 of above ordinance was repealed by Ordinance No. 16, April 
 28, '65. 
 
958 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 b"comTisdon- ^"^^ ^^^^ *^^ provisions of this section, and those so to be en- 
 
 ton coSnty^*"^" ^oFsed bj the County Commissioners of Washington county ; 
 said mortgage to take precedence over all other mortgages or 
 other incumbrances upon the property and revenues of the 
 Western Maryland Kailroad Company, except the first mort- 
 
 Proriso. gage already executed ; provided further, that before making 
 
 the endorsement of the second mortgage bonds aforesaid, the 
 Register, together with the Mayor and Comptroller, shall be 
 
 City officers to satisfied that the Commissioners of Washington County have 
 
 be satisfied of o ./ 
 
 n^iiTZ'i^^i^'^ bound themselves to endorse similar bonds to the amount of 
 
 coiJ^ty!'"'^"'" three hundred thousand dollars, upon conditions which will make 
 
 them available for construction of the road within the limits of 
 
 Washington county, and that additional stock subscriptions 
 
 are obtained to the extent of two hundred thousand dollars.* 
 
 *This ordinance recites that the General Assembly of Maryland, at the 
 session of 1864, passed an act empowering the County Commissioners of 
 Washington County to endorse or guarantee, on behalf of said county, the 
 principal and interest upon the second mortgage bonds of the Western 
 Maryland Eailroad Company, to an amount not exceeding the sum of three 
 hundred thousand dollars; and that the said County Commissioners of 
 Washington County, in the exercise of the authority conferred upon them 
 by that Act of Assembly, on the 12th day of April, 1864, passed ah order 
 for the endorsement of three hundred thousand dollars of the second mort- 
 gage bonds of said company ; and that the said order provided that the 
 whole amount obtained from the proceeds of the bonds, so to be endorsed, 
 should be expended in the cost and construction of the said road within the 
 limits of Washington county ; and it is, therefore, expedient that the assist- 
 ance to be rendered such road by the Mayor and City Council of Baltimore 
 should be given in such manner that it may be available for such part of 
 said road as will lie between Unionbridge, Carroll county, and the border 
 of Washington county. This ordinance repeals sees. 7, 8, 9 and 10 of Ord. 
 No. 68, July 23, 1860, and substitutes the above section in lieu thereof. 
 
 1864, c. 314, provided : that the County Commissioners of Washington 
 County are hereby authorized and empowered to endorse or guarantee, on 
 behalf of said county, the principal and interest upon the second mortgage 
 bonds of the Western Maryland Railroad Comi)any, to an amount not ex- 
 ceeding three hundred thousand dollars, in such manner and form as they, 
 the said County Commissioners, may deem best, and at any time hereafter 
 as they may deem proper. That if it shall become necessary at any time after 
 said commissioners shall have exercised the authority granted them by the pre- 
 
Stocks, Loans and Finance. 959 
 
 Article XLVI. — Ordinances. 
 
 Ordinance No. 68, approved July 23, 1860, and Ordinance n°-58, Aug. 9. 
 No. 73, approved May 18, 1864, are so amended as that the sinking fund, 
 sinking fund to be held and invested by the Register of the 
 City, for the security of the payment of the principal and 
 interest of the second mortgage bonds of said Western Mary- 
 land Railroad Company, shall be the same as the sinking fund 
 on the five million loan to the Baltimore and Ohio Railroad 
 Company, namely, ten per cent, of the proceeds of the sale of 
 said bonds in the stock market or elsewhere, and not twenty 
 per cent., as provided for the first mortgage bonds of said com- 
 pany. 
 
 ceding section, to provide for the payment of the principal and interest upon 
 the bonds so endorsed, the said commissioners shall provide for the same by 
 levy upon the assessable property in the said county. 
 
 1864, c. 298, enacted : that the Mayor and City Council of Baltimore are 
 authorized to endorse or guarantee the payment of the principal and interest 
 upon the second mortgage bonds of the Western Maryland Railroad Com- 
 pany, to an amount not exceeding in the aggregate the sum of three hundred 
 thousand dollars, in such manner and form as they, the said Mayor and City 
 Council, may deem best; and declares valid any ordinance heretofore passed 
 by the Mayor and City Council of Baltimore for such purpose ; and pro- 
 vides that the said Mayor and City Council may at any time hereafter exer- 
 cise the remainder of their authority, so as to endorse or guarantee such 
 second mortgage bonds as they may deem proper. 
 
 1865, c. 177, enacted that : whereas, by a compact between the city of 
 Baltimore and the Western Maryland Railroad Company, the said city, in 
 consideration of its loan to the said company, became entitled to a perma- 
 nent representation of two members of the board of directors of the said 
 company, but the mode in which the said directors are to be appointed 
 remains to be provided for by an amendment of the charter of the said com- 
 pany, that therefore the Mayor and City Council of Baltimore shall in the 
 month of October, eighteen hundred and sixty-five, and annually thereafter, 
 nominate, and by and with the advice and consent of a convention of the 
 two branches of the city council, appoint two of the five members of the 
 board of directors of the said company, and that the charter of the said 
 company is hereby altered and amended conformably to the change hereby 
 made in the same. That should the number of directors constituting the said 
 board of directors be at any time hereafter increased on the part of the stock- 
 holders, those of the city of Baltimore shall be increased in like proportion. 
 
960 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Ibid, 8. 2. Section first of said Ordinance N"o. 73, approved May 18, 
 
 How to endorse 1864, is SO amended as to authorize tlie Register of the City to 
 
 bonds. 
 
 endorse said second mortgage bonds, to the amount and in the 
 mode and manner specified in said ordinance, as each mile of 
 said road progresses from Unionbridge in the direction of 
 Hagerstown, and not when completed, as named in first section 
 of said ordinance. 
 
 No. 16, s. 1, The Mayor of the City of Baltimore is hereby directed to 
 
 Mar. 15, '66. _ -^ '' •' _ 
 
 Mayor to sub- subscribc iu the name and behalf of the Mayor and City Coun- 
 
 scribe lor shares ■, n t\ \ • c ii c ^ -i 
 
 of stock of com- cil 01 Baltmiorc, to four thousand shares of the capital stock 
 
 pany. ^ 
 
 of the Western Maryland Railroad Company, of the par value 
 Proviso. of fifty dollars each ; provided, however, that it shall be speci- 
 
 fied in and as a part of such subscription, that the money shall 
 not be payable until the County Commissioners of Washington 
 
 And that this act shall take effect from and on its acceptance by the stock- 
 holders representing a majority of said stock. 
 
 1866, c. 13, enacted: that the Mayor and City Council of Baltimore are 
 y authorized to subscribe to the capital stock of the Western Maryland Rail- 
 road Company, to an amount not exceeding two hundred thousand dollars. 
 And it further enacts, that the said Mayor and City Council may provide, 
 by ordinance or ordinances, for the mode and terms upon which subscription 
 shall be made, and the money provided to meet it. 
 
 And 1866, c. 71, enacted: that the Mayor and City Council of Baltimore 
 are authorized to contribute towards the construction of the Western Mary- 
 land Railroad, between Hagerstown and Cumberland, the sum of fifteen 
 hundred thousand dollars, either by a subscription to that amount to the 
 capital stock of the said company, or by the endorsement of the said com- 
 pany's bonds, or by the issue of the city's own bonds, as may be most 
 expedient in the judgment of the said Mayor and City Council. And it 
 further provides that the said Western Maryland Railroad Company, in the 
 event of the said sum being furnished to the company for the construction 
 of the road as aforesaid, by the said Mayor and City Council, in either of 
 the modes aforesaid, other than by a subscription to its capital stock, shall 
 be authorized to secure the said city for the amount so advanced or endorsed 
 by a mortgage on its road, property, tolls and revenues, the said mortgage 
 not to have priority over, but to stand upon an equality with other mortga- 
 ges, to be executed by the said company to the coal and iron companies of 
 Allegany county and the commissioners of said county for similar advances 
 in aid of the said enterprise. 
 
Stocks, Loans and Finance. 961 
 
 Article XL VI. — Ordinances, 
 county* shall have subscribed for three thousand shares of commissioners 
 
 '' 1 "'' Washington 
 
 said capital stock, and that the money arising from the sub- county, 
 scription hereby directed shall be expended in the construction 
 of the road of said company, from its present terminus at 
 Unionbridge to the line of division between the counties of 
 Frederick and Washington. 
 
 The said subscription shall be paid in city stock at par, in ibid.i.a. 
 such instalments and at such times as the same shall be called How subscrip- 
 
 _^ tion paid. 
 
 for by the president and directors of the Western Maryland 
 Railroad Company ; provided, said company shall not have Proviso, 
 power to call for more than the sum of fifteen thousand dol- 
 lars in any one month, or in greater proportions than are called 
 
 * 1866, c. 19, recites tliat the County Commissioners of Wasliington 
 County did, on tlie 26th September, 1865, pass an order that three thousand 
 shares of the capital stock of the Western Maryland Railroad Company, 
 being of the par value of one hundred and fifty thousand dollars, be, and 
 the same are hereby, subscribed by and in the name of and for Washington 
 county, upon the condition, nevertheless, that the city of Baltimore, by its 
 corporate authorities, duly subscribe four thousand shares of said stock, 
 being of the par value of two hundred thousand dollars, and upon the con- 
 dition further, that such stock so as aforesaid subscribed by said county, or 
 the money paid in for the same, shall be first solely and exclusively applied 
 to the construction and completion of said road within the limits of Wash- 
 ington county aforesaid, so far as the same may be required in such con- 
 struction and completion, and the balance, if any, after such construction 
 and completion, wherever otherwise it may be required in its construction 
 and completion, and upon the condition further, that said subscription be 
 duly authorized and made lawful by the Legislature of Maryland ; and that 
 the president of said County Commissioners be, and he is hereby, authorized 
 empowered, directed and required forthwith to make said subscription to 
 said stock for and in the name of Washington county, and upon the con- 
 ditions and limitations aforesaid ; and the said subscription is made upon the 
 further condition that the directors of the said company be increased, and 
 that two of the said directors be taken from Washington county. And said 
 Act of 1866, c. 19, then provides that the said order of the said County 
 Commissioners of Washington County is declared valid, and that the County 
 Commissioners of Washington County are authorized and empowered to 
 subscribe to the capital stock of the Western Maryland Railroad Company, 
 at the time hereinafter mentioned, a sum not exceeding the amount of one 
 hundred and fifty thousand dollars, on the terms and conditions of said 
 order and this act. The said subscription shall not be made until the said 
 
962 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 for from individual stockholders, and as each call shall be made 
 
 upon the Mayor, he shall immediately notify such call to the 
 
 Commissioners of Finance, who shall within one week after 
 
 Certificates of such notification, issue certificates of stock to said company for 
 stock. . '^ "^ 
 
 the amount of such call, bearing an interest of six j)er centum, 
 
 per annum^ payable quarterly, and redeemable at the pleasure 
 
 of the Mayor and City Council of Baltimore at any time after 
 
 the first day of July, 1890. 
 
 Ibid, 8. f. The certificates of stock to be issued by virtue of this ordi- 
 
 Form of certifl- nancc shall be in the same form as is provided for in the ordi- 
 
 cate. 
 
 nance relative to the public debt of the city of Baltimore, 
 approved April 3, 1826, [p. 905, ante.'] 
 
 railroad shall have been completed and paid for, or until said County Com- 
 missioners are satisfied that the said road will be made and paid for, to the 
 line dividing Frederick from Washington county, and in the direction of 
 Hagertown ; and for the purpose of raising the said sum of money, so to be 
 subscribed by the said County Commissioners, they are hereby empowered 
 annually to levy the same on the taxable property of Washington county, 
 whenever the same shall be called for, and in such sums and proportions as 
 the progress of the work through said Washington county shall require ; 
 or the said County Commissioners shall borrow the said sum from time to 
 time as it may be required as aforesaid, upon the credit of the said county, 
 and to issue bonds, duly executed, for the payment of the same ; the said 
 bonds not to be sold under their par value, to bear interest not exceeding 
 six per cent., payable semi-annually, and not to run for a period longer 
 than twenty years, and said bonds shall be exempt from county and muni- 
 cipal taxation, and for the purpose of paying the interest thereon, and to 
 retire the principal, the said County Commissioners are hereby empowered 
 and required to levy an annual sum adequate for said purposes. And that 
 said bonds shall not be transferred to said railroad company in payment of 
 said subscription, or any part thereof, but the same shall be sold by the 
 County Commissioners of Washington County, and the proceeds paid to 
 said railroad company in payment of the game. 1866, c. 48, provided that 
 the directors in said company be increased by two new members, and two 
 of such directors shall be citizens of Washington county ; provided, how- 
 ever, that this act shall take effect only when a subscription to the capital 
 stock of said company, binding upon said county, shall have been made to 
 an amount of not less than one hundred and fifty thousand dollars, and 
 when this act shall have been accepted by the stockholders of said com- 
 pany representing a majority of its stock. 
 
Stocks, Loans and Finance. 963 
 
 Article XL VI. — Ordinances. 
 
 The City of Baltimore shall be entitled, upon payment ofibid,i.4. 
 the first instalment of the stock hereby subscribed, to all the city entitled to 
 
 rights aud pri?- 
 
 rights and privileges of a stockholder in said company. 'leges. 
 
 The subscription hereby made, together with the snbscrip- iwd, ■. s. 
 tion of Washington county, shall be applied to the construe- Howsubscrip- 
 
 tioii to be ap* 
 
 tion of the said road from Hagerstown and Unionbridge piied. 
 simultaneously and reciprocally, in fair proportions, that is to 
 say, the work from Hagerstown and from Unionbridge shall 
 be commenced at the same time, and shall progress equally 
 and rateably each in the direction of each other, it being the 
 meaning and intention of this ordinance that for every five 
 thousand dollars expended under this subscription, the sum 
 of five thousand dollars shall be expended on the road, com- 
 mencing at Hagerstown and progressing eastwardly until said 
 road shall be completed, and that the application of the 
 money hereby subscribed shall be subject to the conditions 
 contained in this section, and shall be applied as hereby pro- 
 vided, subject to the supervision of the Mayor, Kegister and pmtIsos. 
 Comptroller of the City — furthermore, this subscription to the 
 stock of said company shall not be binding on the city unless 
 the location of said road shall be approved by the said offi- 
 cers ; and provided further, that a produce and passenger Depot, 
 depot of the Western Maryland Railroad shall be established 
 west of Jones' Falls. 
 
 The Mayor of the City of Baltimore is hereby authorized no. 2, Feh.ai, 
 and empowered to vote the stock held bv the City of Baltimore Mayor to vote 
 
 " stock of W M 
 
 in the Western Maryland Railroad Company, either in person k. k. co. 
 or by proxy, at all general or special elections and in all meet- 
 ings held by the stockholders of said company ; provided. Proviso, 
 that the said city shall not be in arrears in the payment of any 
 instalment as the same is called for by the said company.* 
 
 * By Res. No. 64, March 16, '68, the Mayor was directed to comply with 
 the application of the president and directors of the Western Maryland 
 Railroad Company, by the endorsement of an additional fifty thousand del- 
 
964 
 
 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 No. 57, s. 1, 
 June 2, '68, 
 Lien 
 favor 
 gage. 
 
 The lien of the Mayor and City Council under the mort- 
 waived in gage heretofore executed to it by the Western Maryland Rail- 
 road Company, is hereby waived in favor of a mortgage or 
 mortgages, to be executed by said company, to an amount 
 not exceeding the sum of six hundred thousand dollars ; pro- 
 vided, the County Commissioners of Washington County shall 
 waive the lien of said county under the said mortgage.* 
 
 Said company shall not change the present location of its 
 road, between Westminster in Carroll county and the city o^ 
 Baltimore, without the consent of the Mayor and City Council 
 of Baltimore being first had and obtained.f 
 
 Proviso, 
 
 Ibid, s. 6. 
 
 Location of 
 road. 
 
 lars of the bonds of said road, in accordance with the ordinance relating 
 thereto. 
 
 * 1868, c. 344, provided : that the Mayor and City Council of Baltimore 
 and the County Commissioners of Washington County are authorized and 
 empowered, if in their discretion good policy require it, to waive their liens 
 and the mortgage heretofore executed to the Mayor and City Council of 
 Baltimore by the Western Maryland Railroad Company, in favor of a mort- 
 gage or mortgages to be executed by said company to such amounts not 
 exceeding the sum of one million dollars, as may be determined by the 
 Mayor and City Council of Baltimore and the County Commissioners of 
 Washington County. 
 
 By the Act of 1878, c. 240, the County Commissioners of Washington 
 County are authorized and empowered to acquire or purchase the bonds 
 and coupons of the Western Maryland Railroad Company, endorsed and 
 guaranteed by the County Commissioners of Washington County, if at any 
 time they deem it expedient so to do, in the manner therein set forth. 
 
 t This ordinance, under the provisions of its 2d, 3d, 4th and 5th sections, 
 was submitted to the voters of the city of Baltimore and adopted. 
 
 Note.— Ordinance No. 42, June 12, 1869, of the Mayor and City Council, 
 entitled An ordinance to provide for raising the sum of one million of dol- 
 lars, by the Mayor and City Council of Baltimore, by means of the hypo- 
 thecation of such number of shares of the capital stock of the Baltimore 
 and Ohio Railroad Company, owned by* the Mayor and City Council of 
 Baltimore, as may be necessary for that purpose, and for investment of said 
 sum of money in the bonds of the Western Maryland Railroad Company, 
 to be secured by a mortgage next in priority after the mortgages already 
 executed by said company, is within the scope and purview of the provision 
 contained iu section 7, of Article XI, of the Constitution of 1867, which de- 
 
Stocks, Loans and Finance. 965 
 
 Article XLVI. — Ordinances. 
 
 The City Register is hereby authorized and directed to pay No. s^nov. 13, 
 the interest upon the bonds of the Western Maryland Rail- city Register to 
 
 •^ •' pay interest on 
 
 road Company, which fell due on the first of July, eighteen ''°'»d8. 
 hundred and sixty-nine, and which were guarantied by the 
 city of Baltimore, and also to pay the interest which may 
 hereafter accrue and fall due on said bonds, in case pro- 
 vision be not made for the payment of the said hereafter 
 accruing interest by the said Western Maryland Railroad 
 Company.* 
 
 The said Register is hereby authorized and empowered toiwd, ».2. 
 borrow upon the credit of the city, and upon the best terms city Register to 
 
 Iwrrow money. 
 
 possible, such sum of money as may be necessary to pay the 
 said interest which fell due on the first day of July, eighteen 
 hundred and sixty-nine. 
 
 The sum or sums of money, so borrowed, shall be repaid iwci.s. 3. 
 out of the levy for eighteen hundred and seventy. "aid.'*''""" 
 
 Clares that " no debt shall be created by the Mayor and City Council of 
 Baltimore, unless it be authorized by an Act of the General Assembly and 
 by an ordinance of the Mayor and City Council of Baltimore, submitted to 
 the legal voters of the city, and approved by a majority of the votes cast," 
 and the same not having been so authorized and approved is null and void. 
 The ordinance being unconstitutional, citizens of Baltimore, owners of 
 property therein, and tax payers were entitled to ask the interposition of a 
 court of equity to restrain its execution by injunction, and such suit need 
 not be instituted by the Attorney General, nor is it necessary that he should 
 be a party thereto. Mayor, &c., v. OiU,et. ai. 31, Md. 375. 8t. Mary's Indus- 
 trial School V. Brown, 45 Md. 326. 
 
 * This ordinance recites, that the city of Baltimore by various ordinances 
 passed by the City Council, and approved by the Mayor, has guarantied 
 the bonds of the "Western Maryland Railroad Company to the extent of 
 seven hundred aud fifty thousand dollars, pledging the faith of the city for 
 the prompt payment of the interest thereon, as also the ultimate payment 
 of said bonds ; and the said Western Maryland Railroad Company, has 
 failed to provide for the payment of the interest which became due on the 
 first day of July, eighteen hundred and sixty -nine, upon the said guaran- 
 teed bonds ; and it is required that immediate provision be made by the city of 
 Baltimore for the payment of the interest upon said guarantied bonds. 
 
966 
 
 Stookb, Loans and Finance. 
 
 Article XLVI.— Ordinances. 
 
 No. 11, Jan. 21, The Register of the City, upon presentation to hiui of the 
 
 Register to bonds of the Western Maryland Railroad Company, amount- 
 guarantee 1111 J 
 Western Mary, ing; in the asfficreoiate to the sum of fourteen hundred thousand 
 
 land Railroad & to» o 
 
 bonds. dollars, payable on the first day of January, nineteen hun- 
 
 dred, with interest at the rate of six per centum per annum, 
 payable half yearly in the city of Baltimore on the first day 
 of January and July in each and every year, is hereby author- 
 ized and directed to cause the same to be endorsed with the 
 guarantee of the Mayor and City Council of Baltimore, which 
 * endorsement shall be made in the manner, at the times and 
 
 after compliance with the provisions hereinafter mentioned. 
 
 Ibid, 8. 2. The endorsement of the bonds provided for in the next 
 
 Endorsement, preceding scction of this ordinance shall either be made in 
 writing, or by causing the same to be printed or engraven on 
 the said bonds, and the said endorsement shall be signed by 
 the Mayor and countersigned by the Register of the City for 
 the time being, and shall have affixed thereto the corporate 
 seal of the city, and shall be in form following : 
 
 For value received 
 the Mayor and City Council of Baltimore hereby guarantees 
 the payment of the principal and interest of the within bond, 
 in accordance with an ordinance entitled an ordinance to 
 authorize the endorsement or guarantee by the Mayor and 
 City Council of Baltimore of the mortgage bonds of the 
 Western Maryland Railroad Company, and to provide a sink- 
 ing fund in connection therewith — approved • ' 
 
 1870 ; which ordinance 
 was subsequently submitted to and ratified by the people of 
 Baltimore. Witness the signature of the Mayor and Register 
 of the City of Baltimore and its corporate seal ; and the blank 
 left in the above form for the date of the approval of this 
 ordinance shall be filled with the date of said approval. The 
 Coupons. coupons attached to said bonds shall also contain the endorse- 
 
 ment of the guarantee of the said Mayor and City Council of 
 
Stocks, Loans and Finance. 967 
 
 Article XL VI. — Ordinances. 
 
 Baltimore by having written, printed or engraven thereon the 
 words " guaranteed by the Mayor and City Council of Balti- 
 more" to which shall be attached the name of the Register, for 
 which purpose a fac simile of his signature may be employed. 
 
 The endorsement of said bonds shall not be made unless ibid, s. a. 
 and until an act shall be passed by the General Assembly of Act of Assem- 
 
 -._,,,.,, -jj 1 J bly authorizing 
 
 Maryland, authonzmg the said endorsement, nor unless and endoriements. 
 until this ordinance shall have been submitted to the legal submission to 
 voters of the city of Baltimore in the manner hereinafter men- 
 tioned, and a majority of the votes cast at the said election 
 shall be in favor of the said ordinance ; and before any en- 
 dorsement of said bonds shall be made, the said Western 
 Maryland Railroad Company shall deliver to the Register 
 of the City a deed of mortgage duly executed and acknow- Mortgage from 
 lodged, and in such form and with such covenants and condi- ^" 
 
 tions as shall be approved by the City Counselor, wherein and 
 whereby there shall be conveyed to the said Mayor and City 
 Council of Baltimore all the road and railway of the said 
 company as now, or hereafter to be constructed, and all its 
 franchises, right, tolls and revenues, rolling stock, machinery, 
 and all its other estate, real, personal and mixed, of every 
 kind and description, by way of mortgage to secure and in- 
 demnify the said Mayor and City Council of Baltimore for 
 and in its endorsement and guarantee of the said bonds, and 
 for all charges and expenses connected therewith ; which 
 mortgage shall be next in priority to those now already exe- priority of 
 cuted by said company, and shall contain proper covenants for '"'"^^*^*' 
 the payment by said Western Maryland Railroad Company of 
 the principal and interest of the bonds hereinbefore mentioned, 
 as and when the same shall respectively become due and pay- 
 able; and the said bonds shall be applied only to the purposes how bonds to 
 mentioned in this ordinance; and all the expenses of the ""PP'®- 
 execution and recording of said mortgage shall be paid by said 
 company at the time of said execution and recording. 
 
968 
 
 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Ibid, 8. 4. The endorsement of the said bonds hereinbefore authorized 
 
 Charter of com- shall not be made, unless and until such an amendment to the 
 
 pany to be ^^ 
 
 amended. charter of the said Western Maryland Railroad Company 
 shall be made by an Act of the General Assembly of Mary- 
 land, and accepted by said company, as will give to the Mayor 
 and City Council of Baltimore such an additional number of 
 directors as will secure to the said city a majority of three 
 members in the board of directors.* 
 
 Ibid, s. 10. 
 Sinking fnnd. 
 
 Interest 
 
 Of the fourteen hundred thousand dollars of bonds for 
 whose endorsement provision is hereinbefore made by section 
 one of this ordinance, two hundred thousand dollars of said 
 bonds shall be retained by the Register toward a sinking fund; 
 and the interest derived from the bonds so retained shall be 
 from time to time invested by the Commissioners of Finance; 
 and if, at or prior to the maturity of said fourteen hundred 
 thousand dollars of said bonds, the same, together with all 
 others upon which the city may be liable as endorser or guar- 
 antor of said company, shall in principal and interest have 
 been redeemed by the said company, then the said two hun- 
 dred thousand dollars of bonds so deposited with the Register 
 shall be cancelled, and the accumulated income derived from 
 said bonds shall be returned to said company ; and whenever 
 the accumulated income in the hands of the said Commis- 
 sioners of Finance shall reach an amount sufficient to redeem 
 the whole amount of bonds to be endorsed under the provis- 
 ions of this ordinance, and delivered to said company, then 
 
 * Section 2 of the Act of 1870, c. 110, enacts that the number of directors 
 of the Western Maryland Railroad Company shall be increased to thirteen, 
 and that the Mayor and City Council of Baltimore are authorized to ap- 
 point six directors in addition to the directors already to be appointed by 
 the said Mayor and City Council of Baltimore, and that such additional 
 directors shall be appointed in the mode heretofore provided by law for the 
 appointment of directors in said company by said Mayor and City Council 
 of Baltimore. 
 
 The fifth, sixth, seventh, eighth and ninth sections of this ordinance are 
 repealed by Ordinance No. 10, January 17, 1872, (p. 970 post.) 
 
Stocks, Loans and Finance. 969 
 
 Article XL VI.— Ordinances. 
 
 the Commissioners of Finance may give notice throngh the 
 daily papers of the city of Baltimore of the time and place 
 for the redemption of said bonds, and redeem the same out of Redemption of 
 the said sinking fund so derived from said accumulated income; 
 and when the said outstanding bonds shall have been so re- 
 deemed, the said bonds so retained by the Register shall 
 be cancelled ; and before the Register shall endorse any part 
 of the twelve hundred thousand dollars of said bonds which are 
 designed by this ordinance to be delivered to the said Western 
 Maryland Railroad, there shall have been delivered to him by 
 said company, the two hundred thousand dollars of said bonds 
 mentioned in this section.* 
 
 The City Register is directed to pay the interest upon any of No. los, June 
 the bonds endorsed or guarantied, or hereafter to be endorsed when city Reg- 
 or guarantied under the provisions oi ordinance, JNo. 11, J an- terest upon 
 Tiary 21, 1870, [pp 966, &c., an^.] incase provision be not 
 made by the said company for payment of such interest cou- 
 pons at their maturity .f 
 
 *By the Actof 1870. c. 48, the Mayor and City Council of Baltimore 
 were authorized and empowered to endorse or guarantee the mortgage bonds 
 of the Western Maryland Railroad Company, to the amount of fourteen 
 hundred thousand dollars, and the ordinance of the said Mayor and City 
 Council of Baltimore, approved on the twenty -sixth day of January, eigh- 
 teen hundred and seventy, and entitled an ordinance to authorize the en- 
 dorsement or guarantee by the Mayor and City Council of Baltimore of the 
 mortgage bonds of the Western Maryland Railroad Company, and to pro- 
 vide a sinking fund in connection therewith, was ratified and confirmed. 
 This ordinance was duly approved under the provisions contained therein 
 providing for its submission to the voters. 
 
 t This ordinance recites that the Mayor and City Council by an ordinance, 
 January 21, 1870, and entitled an ordinance to authorize the endorsement 
 or guarantee by the Mayor and City Council of Baltimore of the mortgage 
 bonds of the Western Maryland Railroad Company, and to provide a sink- 
 ing fund in connection therewith, has come under obligation to endorse the 
 mortgage bonds of the said company to the amount of fourteen hundred 
 thousand dollars, payable January 1, 1900, and also the coupons for interest 
 attached to the said bonds ; and that the credit of the city requires that 
 provision be made for the prompt payment of the interest thereon, in the 
 event that the said company may make default in payment of any of the 
 coupons attached to said bonds. 
 
970 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 No. 10, Jan. 17, Whenever the president and directors of the "Western Mary- 
 
 surrender of laud Railroad Company shall have surrendered to the Mayor 
 
 pany. and Commissioners of Finance of the City of Baltimore bonds 
 
 of the said company, amounting in the aggregate to the sum 
 
 of two hundred and seventy-five thousand dollars, endorsed 
 
 with the guarantee of the Mayor and City Council of Baltimore, 
 
 as provided by the original ordinance, [No. 11,* Jan. 21,'70, p. 
 
 96G ante,'] to which this is a supplement, and issued to said com- 
 
 Reiease of all pauy, and shall also have released and surrendered to the Mayor 
 
 of Mayor and and Citv Council of Baltimore by release under the hand of 
 
 Commissioners . , n • i <> 
 
 of Finance. gaid compauy and sealed with its corporate seal, all rights of 
 the said company in two hundred and fifty thousand additional 
 of said bonds, endorsed with the said guarantee under said 
 ordinance, but yet remaining in the hands of the Mayor and 
 Commissioners of Finance, and shall have deposited with the 
 Obligation to be City Ecgistor, to be filed in his ofiice, the obligation of the 
 City" ReVsTer. Said Wcstem Maryland Railroad Company, under the corporate 
 seal thereof and the signatures of the president and directors 
 
 * This ordinance recites that it has been represented to the Mayor and 
 City Council, by the president and directors of the Western Maryland 
 Railroad Company, that the funds at the disposal of said company are al- 
 together insufficient for the completion of said railroad, as an independent 
 road from the city of Baltimore to Williamsport, and for its eqnipment, as 
 designed by the original ordinance [No. 11, January 21, 1870, ] to which this 
 is a supplement; and that in the opinion of the Mayor and City Council of 
 Baltimore, the true interests of the city demand the early completion as afore- 
 said of the said Western Maryland Railroad, as affording the only hope of 
 securing to the city some return on the large sums heretofore invested in 
 said railroad ; and whereas, it has been found impossble to dispose of the 
 bonds of the said railroad conpauy, although endorsed with the guarantees 
 of the Mayor and City Council of Baltimore, as provided in the original 
 ordinance, to which this is a supplement, except at rates far below the price 
 of city stock, to which, so far as the city's liabilities are concerned, they are 
 in all respects equivalent ; and that it is manifest that the various provisions 
 contained in the fifth, sixth, seventh, eighth and ninth sections of the original 
 ordinance, to which this is a supplement, regulating the issue and application 
 of the bonds so as aforesaid endorsed by the city, can now only serve to 
 delay and prevent the early completion of the said railroad ; it thereupon 
 repeals said sections and enacts as above. 
 
Stocks, Loans and Finance. 971 
 
 Article XL VI. — Ordinances, 
 thereof, iu such forms as shall be approved by the City Counselor to be approred 
 
 , by the City 
 
 pledging the whole of the property and revenue oi said com- counselor, 
 pany for the purpose hereinafter mentioned ; the Mayor and 
 Commissioners of Finance aforesaid are hereby authorized and 
 directed immediately, upon application being made to them 
 for that purpose by the president and directors of said railroad 
 company, or as soon thereafter as conveniently may be, to issue Mayo? and 
 
 . /. ^1 1 • 1 • Commissioners 
 
 and deliver to said company certificates of the stock of the city «>' Finance to 
 
 r "Z •' issue to com- 
 
 to the amount of one million of dollars, bearing interest at the fionVo^raM^'f 
 rate of six per cent, per annum, from the first day of January, "°'^''' 
 eighteen hundred and seventy-two, payable semi-annually,which 
 certificates shall be redeemable on the first day of January, 
 1902. 
 
 The condition of the obligation as hereinbefore provided ibia.s.a. 
 shall be for the payment of the principal and interest that condition of 
 shall accrue upon said stock as, and when, the same shall re- 
 spectively become due and payable. 
 
 The said certificates of city stock shall be deli|ered to the ibid, s. 4. 
 said president and directors of the said railroad company, upon conditions upon 
 the express trust to keep the said stock or the proceeds thereof be delivered to 
 
 company. 
 
 segregated from the assets of the said company and to apply 
 the same exclusively to the completion of the construction of 
 the said Western Maryland Railroad as an independent road 
 from Baltimore to Williamsport, and the equipment for the 
 same, and to the payment of any indebtedness contracted for 
 such purposes only since the first day of September, 1870.* 
 
 * Ordinance No. 108, October 18, 1872, provides that: nothing contained 
 in above 4tli section shall be constructed as restricting the president and 
 directors of said company from applying, if they find it necessary to do so, 
 any part of the funds derived from the stock of the Mayor and City Council 
 of Baltimore, issued'to said company under the said ordinance, to the repair 
 and reconstruction of any part of the road heretofore constructed between 
 the city of Baltimore arid Hagerstown. 
 
972 Stocks, Loans and Finance. 
 
 Article XL VI. — Ordinances. 
 
 Ibid, 8. 5. ' The Mayor and Commissioners of Finance shall, at the time 
 
 Mayor and of the issuo of the citv stock hereinbefore authorized, cancel 
 
 Commissioners 
 
 of Finance to and dcstrov the bonds of the said Western Maryland Railroad 
 
 cancel and de- "^ •' 
 
 dw°ed brands of Company, endorsed with the guarantee of the Mayor and City 
 
 company. Couucil of Baltimore, amounting in the aggregate to the sum 
 
 of five hundred and twenty-five thousand dollars, which shall 
 
 have been surrendered by the president and directors of said 
 
 company as hereinbefore provided. 
 
 Ibid, 8. 6. Section ten (p. 968, ante^ of the original ordinance to which 
 
 Amendment of this is a Supplement, is hereby so amended as that the sinking 
 
 sec 10, of No. rr T J o 
 
 11, Jan. 21, '70. fund therein created and required to be held and invested by 
 the Register of the City, for the security of the payment of 
 the principal and interest of the bonds of the said Western 
 Maryland Railroad Company so by said ordinance authorized 
 to be endorsed with the guarantee of the city, shall be in all 
 respects applicable to the payment of the principal and interest 
 of the one million of dollars of city stock authorized by this 
 ordinance, as well as to the payment of the principal and in- 
 terest of 80^ much of the aforesaid endorsed bonds of said 
 company as shall remain after the cancellation and destruction 
 hereinbefore provided. 
 
 Ibid, 3. 7. The issue of the city stock hereinbefore authorized shall not 
 
 Issue of stock be made unless and until an Act of the General Assembly of 
 
 not to be made 
 
 until Act of As- Maryland authorizing the same shall be passed, nor unless 
 
 passed. qjj(J until this ordinance shall have been submitted to the legal 
 
 submisisonto votcrs of the city of Baltimore, and a majority of the votes 
 
 cast at the said election shall be in favor of the said ordinance.* 
 
 * This ordinance contains the usual provisions for its submission to the 
 voters. 
 
 By the Act of 1872, c. 3, the Mayor and City Council of Baltimore, were 
 authorized and empowered to issue and lend to the Western Maryland Rail- 
 road Company, the stock of the Mayor and City Council of Baltimore, to 
 the amount of one million dollars, redeemable on the first day of January, 
 in the year nineteen hundred and two, and bearing interest at the rate of 
 six per centum per annum, from the first day of January, in the year eigh- 
 
Stocks, Loans and Finance. 973 
 
 Article XLVI. — Ordinances. 
 The Commissioners of Finance of the City of Baltimore are no. 23, Aprii lo, 
 
 '73. 
 
 hereby authorized and directed to inVest the sura of three commisBioners 
 
 of Finance au- 
 
 hnndred and twenty thousand dollars, out of any moneys now '*'°'"'i*j^J^*o"i 
 in their hands or which may hereafter come to their hands, in ^rn Ma°ryUnd' 
 the purchase of one hundred and seventy-eight thousand five ^»''""«*c°- 
 hundred dollars of the bonds of the Western Maryland Rail- 
 road Company, of the series known as the second preferred 
 mortgage bonds, and also of the right, title and interest of the 
 said company to two hundred thousand dollars of other mort- 
 gage bonds of the said company now in the possession of the 
 Register of the City of Baltimore, under and by virtue of the 
 provisions of the tenth section [p. 968 ante] of an ordinance of 
 the Mayor and City Council of Baltimore, approved January 
 2l8t, 1870, entitled an ordinance to authorize the endorsement 
 or guarantee by the Mayor and City Council of Baltimore, of 
 the mortgage bonds of the Western Maryland Railroad Com- 
 
 teen hundred and seventy -two, to aid in the construction of the railroad of 
 the said company. 
 
 The Act of 1872, c. 61, recites that: whereas, at the present session of the 
 General Assembly of Maryland, an act was passed entitled an Act to au- 
 thorize the Mayor and City Council of Baltimore to issue and lend to the 
 Western Maryland Railroad Company, the stock of the Mayor and City 
 Council of Baltimore, to the amount of one million dollars, redeemable on 
 the first day of January, nineteen hundred and two, and bearing interest at 
 the rate of six per centum per annum, from the first day of January, eigh- 
 teen hundred and seventy-two, to aid in the construction of the railroad of 
 said company ; and wliereas, the said Act of Assembly was intended to au- 
 thorize the issue of the said stock as provided for by an ordinance of the 
 Mayor and City Council, approved January 17, No. 10, 1872, and entitled an 
 ordinance to amend an ordinance entitled an ordinance to authorize the 
 endorsement or guarantee, by the Mayor and City Council of Baltimore, of 
 the mortgage bonds of the Western Maryland Railroad Company, and to 
 provide a sinking fund in connction therewith, approved January 21, 1870, 
 and for greater certainty, it is deemed better to declare and provide that the 
 said Act of Assembly shall have the same eflFect, as though it had, in specific 
 terms, referred to the said ordinance, therefore, said Act of Assembly enacts 
 that the said ordinance is ratified and confirmed, and the aforesaid Act of 
 Assembly shall be construed as authorizing the issue and lending of the 
 said stock of the Mayor and City Council of Baltimore, in the mode pro- 
 vided in the said ordinance. 
 
sinking fund. 
 
 974 Stocks, Loans and Finance. 
 
 Article XLVI. — Ordinances. 
 
 pany, and to provide a sinking fund in connection therewith, 
 Condition upon and upon delivery to them by said company of the said one 
 
 which money ii*if« iijii j 
 
 to be paid. hundred and seventy-eight thousand five hundred dollars, and 
 an assignment in writing of all the right, title and interest of 
 the said company in and to the said two hundred thousand 
 dollars of bonds in possession of the Register, the said Com- 
 missioners of Finance shall pay the said sum of three hundred 
 and twenty thousand dollars to the said company, at such 
 times and in such payments as may be arranged between the 
 said Commissioners of Finance and said company. 
 
 Ibid, 8.2. Nothing contained in this ordinance shall alter or change 
 
 Not to alter or the provision madc by the tenth section of the ordinance here- 
 v^slorfort^"^"" inbefore mentioned for a sinking fund, except so far as to ex- 
 tinguish the right, title and interest of said company in the 
 said two hundred thousand dollars of bonds and its right to 
 require a cancellation of the same, and to enable the said com- 
 pany to assign all its interest in the same to the said Commis- 
 sioners of Finance. 
 
 The Commissioners of Finance are authorized, in their dis- 
 cretion, to purchase matured coupons detached from unendorsed 
 bonds of the Western Maryland Railroad Company, and to 
 hold the same among the investments of the redemption funds ; 
 provided, that such authority shall not extend beyond July, 
 1875. 
 
 HILLEN STATION. 
 
 45, The Commissioners of Finance of the City of Balti- 
 
 No. 97, May 24, 
 
 '75. more, are hereby authorized to invest any moneys now in 
 
 Commissioners , . , i /. .» • i j 
 
 of Finance to their hands, or which may hereaiter come to their lianas, 
 
 inrest a sum ' •' 
 
 KoSo^nplr-to an amount not exceeding two hundred thousand dollars, 
 
 ertyfor!and^i"bein ^^^ purchasc of such real and leasehold property in 
 
 depo"°° °'' " the city of Baltimore, not west of North street, not east of 
 
 Exeter street, not south of Hillen street, as they may deem 
 
 proper for the purpose, and in the erection upon the same of a 
 
 plain substantial passenger and freight depot, engine house 
 
 No. 41, June 3, 
 
 '74. 
 
Stocks, Loans and Finance. 975 
 
 Article XL VI. — Ordinances. 
 
 and the necessary appurtenances to the same, together with 
 the tracks not exceeding two on such highway or highways as 
 may be necessary to connect the same with the tracks of the 
 Northern Central Railway. Provided, however, that no such Proviso, 
 purchase or improvement shall he made until the Western 
 Maryland Railroad Company shall have covenanted in a form 
 to be acceptable to the Commissioners of Finance, and ap- 
 proved by the City Counselor, that it will accept from the 
 Mayor and City Council of Baltimore a lease of such lots, 
 and the improvements so to be erected and made, for a term 
 of ninety nine years renewable forever, subject to an annual 
 rent equal to 8 per cent, per annum upon the amount invested Annual rental, 
 by the city in said lot and improvement, payable in equal 
 monthly instalments.* 
 
 When the buildings and improvements shall have been iw«i,»-2. 
 completed, the Mayor shall execute to the Western Maryland ^'e a'leaseto 
 Railroad Company, its successors and assigns, a lease of the ^*c^; ^'^ih^* 
 same in manner and form as hereinbefore mentioned, re- buuJings°&c. 
 serving the right hereinbefore mentioned, payable to the 
 
 said Commissioners of Finance, and containing covenants p°r\"'^ Md 
 on the part of the said company to pay said rent in man- " ^' ^°' 
 ner aforesaid, and to maintain and keep the improvements in 
 complete- repair, and to insure the buildings for the benefit of 
 the lessors, or so that they shall be replaced by the insurers to 
 an amount equal to the value of the same, and containing also 
 
 * This ordinance recites that it has been represented to the Mayor and 
 City Council of Baltimore, that an advantageous purchase can be made by 
 the Commissioners of Finance of the City of Baltimore, of certain parcels 
 of real and leasehold property in the city of Baltimore, and that such prop- 
 erty can be improved by the erection of a railway depot and other build- 
 ings at moderate cost, and permanently leased to the Western Maryland 
 Railroad Company ; and that it is believed that such will be a safe invest- 
 ment of any funds in the hands of said Commissioners of Finance, and at 
 the same time, the large interest of the Mayor and City Council of Balti- 
 more in said company will be greatly benefited by enabling the said com- 
 pany to obtain a depot within the central portion of the city, and by the 
 large increase of the revenue of said company which will thence result. 
 
 I 
 
976 Stocks, Loans and Finance. 
 
 Article XLVI. — Ordinances. 
 Covenants by covenants bv the Mayor and City Council of Baltimore that 
 
 the Mayor and J J J 
 
 City Council. \i yf^\}^ convej to Said company, its successors and assigns, the 
 reversion in said premises, so to be demised, at any time upon 
 payment to the said Commissioners of Finance of the sum of 
 two hundred thousand dollars, or so much thereof as may by 
 them have been invested in said property and improvements, 
 together with all the accrued rent and a due proportion of the 
 
 commissionerg accruing rent ; and also that said commissioners will set apart 
 
 to set apart one- 
 
 ejg^tof the as the same shall be received, one eighth part of the said rent 
 and hold the same together with interest at the rate of six per 
 centum, to be allowed to said company upon the same from 
 the times when the same shall be paid, as a fund for the pur- 
 chase by said company of said reversion, and that when the 
 same shall have accumulated to said sum of two hundred 
 thousand dollars, or so much thereof as may have been in- 
 vested for the purposes above mentioned, and all rent shall 
 have paid, the Mayor and City Council will convey said rever- 
 sion to said company, its successors and assigns ; and that if 
 the said company, its successors or assigns, shall wish to pur- 
 chase the reversion at any time, the amount of the said accu- 
 mulated fund then in the hands of the said Commissioners of 
 Finance shall be treated as apart of and credit upon the sum 
 to be paid. 
 
 Ibid, s. 3. Before such lease shall be made, notice shall be given thereof, 
 
 Public notice to by publication in the manner provided by Sec. 2, of Article 
 
 be given. jy^ p. L, ^ * 
 
 * Sec. 2, Article I, p. 10, ante. 
 
 Note. — The Act of 1874, c. 477, enacted that : In the contingency of the 
 foreclosing of the mortgages of the Western Maryland Railroad Company, 
 it shall be lawful for the city of Baltimore, in virtue of its large interest and 
 investments in said company, to purchase all the properties and assets of 
 said company, including the right of way, railroad track, rolling stock, sta- 
 tions, <£c., &c., at such time as the Mayor and City Council of Baltimore 
 3hall pass an ordinance declaring it expedient and proper to make such pur- 
 chase ; provided, that the ordinance shall in all respects conform to the re- 
 
Stocks, Loans and Finance. 977 
 
 Article XL VI. — Ordinances. 
 
 quirements of the seventh section of article eleven of the Constitution, [p. 6, 
 ante.} In order to provide the means for the purchase aforesaid, the Mayor 
 and City Council of Baltimore may issue the bonds of the city for an 
 amount not exceeding two million dollars, upon each terms and conditions, 
 and in such manner as the Mayor and City Council of Baltimore may here- 
 after by ordinance prescribe ; provided, that the said bonds shall not be issued 
 nor the purchase be made until the ordinance authorizing or directing the 
 same shall be submitted to the le^l voters of the city of Baltimore, at such 
 time and places as may be fixed by such ordinance, and be approved by a 
 majority of the votes cast at such time and places. 
 
 By Act of 1878, c. 808, the Mayor and City Council of Baltimore are 
 authorized and empowered to purchase the whole or any part of the bonds 
 of the Western Maryland Railroad Company, issued under the mortgage of 
 said company, known as the " Second Preferred Mortgage," and also the 
 coupons issued with said bonds, whether detached or not detached, and the 
 funding certificates issued for such couj^ns, at such price as may be agreed 
 upon between the said company and the Finance Commissioners of the said 
 city. 
 
 2. In order to enable the Mayor and City Council of Baltimore to pur- 
 chase the said bonds, coupons and certificates, it is hereby authorized to 
 issue its certificates of indebtedness, commonly known as city stock to an 
 amount not exceeding the sum of four hundred thousand dollars, upon such 
 terms and conditions, and in such manner as the Mayor and City Council of 
 Baltimore may hereafter provide by ordinance, but no part thereof shall be 
 issued, nor shall any such purchase be made until the ordinance directing or 
 authorizing such purchase, and the issue of such certificates of indebtedness or 
 city stock, shall have been submitted to the legal voters of the city of Balti. 
 more, at such time and places as may be fixed by said ordinance, and ap- 
 proved by a majority of the votes cast at such time and places. 
 
 By the Act of 1878, c. 265, the Mayor and City Council of Baltimore are au . 
 thorized and empowered to convert any bonded or other indebtedness of the 
 Western Maryland Railroad Company, now held or hereafter to be held by the 
 Mayor and City Council of Baltimore, into the preferred stock ol said company 
 and also to purchase or pay any or all of the bonds and coupons of said com- 
 pany which have been endorsed or guaranteed by the said Mayoi ana City 
 Council of Baltimore, and to convert the same into the preferred stock of said 
 company, the said stock to be of such series and issued in such manner as 
 may be agreed upon by the said company and the Mayor and City Council 
 of Baltimore. 
 
 2. That in order to enable the Mayor and City Council of Baltimore to 
 purchase or pay for the bonds mentioned in the preceding section, it is here- 
 by authorized and empowered to issue its certificates of indebtedness, com- 
 monly known as city stock, to an amount not exceeding the sum of six 
 hundred thousand dollars, u'pon such terms and conditions and in such 
 manner as the said Mayor and City Council of Baltimore may hereafter 
 
978 Stocks, Loans and Finance. 
 
 Article XLVI. — Ordinances. 
 
 provide by ordinance, but no part thereof shall be issued until the ordinance 
 directing or authorizing the issue of the same shall have been submitted to 
 the legal voters of the city of Baltimore, at such time and places as may be 
 fixed by said ordinance, and approved by a majority of the votes cast at 
 such time and places. 
 
 3. That if holders of the bonds and coupons of the Western Maryland 
 Railroad Company, issued under its mortgage, commonly known as the 
 " Second Preferred Mortgage," and of the overdue coupons on the same, 
 and of funding certificates issued for the said overdue coupons, will accept 
 from said company its preferred stock for amounts equal to or not exceeding 
 the face value of such bonds, coupons or funding certificates, and will sell, 
 transfer and deliver to the Mayor and City Council of Baltimore such bonds, 
 coupons and funding certificates, in consideration of the guarantee by the 
 Mayor and City Council of Baltimore of dividends upon said stock, to the 
 extent in this section mentioned, then the said Mayor and City Council of 
 Baltimore shall be authorized to purchase and become the owner of said 
 bonds, coupons and funding certificates, and to give as the consideration to 
 support such purchase the guarantee of the Mayor and City Council of 
 Baltimore of the payment of dividends to the holders of such stock, not 
 exceeding three and a-third per centum per annum upon the par value of 
 the same. And the said Mayor and City Council of Baltimore are hereby 
 authorized to provide by ordinance the mode in which such guarantee shall 
 be given, and for any other details which may be necessary to carry out the 
 objects of this section, and for fixing the terms upon which the said com- 
 pany may pay and extinguish the bonds, coupons and funding certificates 
 so to be purchased by the said Mayor and City Council of Baltimore. 
 
 4. That if holders of the bonds, coupons or funding certificates in the 
 preceding section mentioned will reduce the amounts thereon to such sum 
 that the interest thereon at the rate of six per centum per annum will be 
 equal to interest not exceeding three and one-third per centum per an- 
 num, upon the original amounts thereof, then the Mayor and City Council 
 of Baltimore is hereby authorized and empowered to guarantee, in any ap- 
 propriate manner, the payment by said company of the principal and 
 interest, or the interest only, of such reduced amounts, and to provide by 
 ordinance for the manner of making such guarantee, and the terms and 
 conditions upon which the same will be made. 
 
 5. That neither the guarantee of the dividends, or of the payment of 
 principal and interest, or any part thereof, in the last preceding two sections 
 mentioned, shall be made by the Mayor and City Council of Baltimore 
 until the ordinance authorizing or directing the same shall have been sub- 
 mitted to the legal voters of the city of Baltimore, at such time and places 
 as may be fixed by said ordinance, and approved by a majority of the votes 
 cast at such time and places. 
 
Stocks, Loans and Finance. 979 
 
 Article XL VI. 
 
 SUBSCRIPTIONS AUTHORIZED BY ACTS OF ASSEMBLY. 
 
 Maryland and Delaware Ship Canal.— By Act of 1878, c. 338, the 
 Mayor and City Council of Baltimore are authorized and empowered 
 to subscribe to the capital stock of the Maryland and Delaware Ship Canal 
 Company, or to endorse the first mortgage bonds of the said company, to an 
 amount not exceeding five hundred thousand dollars, upon such terms and 
 conditions as the said Mayor and City Council may by ordinance prescribe ; 
 provided, that the ordinance authorizing such subscription for said endorse- 
 ment shall have been submitted to the legal voters of the city of Baltiipore, 
 at such time and places as may be fixed by said ordinance, and approved by 
 a majority of the votes cast at such time and places. That the said five 
 hundred thousand dollars, or any part thereof, shall not be paid until the 
 said Maryland and Delaware Ship Canal is completed. See Resolution No. 
 10, Acts of 1878. 
 
 Baltimore, Chesapeake and Delaware Bat Railroad.— By the Act 
 of 1876, c. 391, the Mayor and City Council of Baltimore are authorized 
 and empowered to subscribe to the capital stock of the Baltimore, Chesa- 
 peake and Delaware Bay Railroad Company, or to endorse the first mort- 
 gage bonds of the said company, to an amount not exceeding six hundred 
 thousand dollars, upon such terms and conditions as the said Mayor and 
 City Council may by ordinance prescribe. 
 
980 
 
 Streets and Citt Commissioner. 
 
 Article XLVII. 
 
 ARTICLE XLVII. 
 
 STKEETS AND CITY COMMISSIONER. 
 
 STATUTES 
 
 1. Power to open, widen, close, &c. 
 
 streets, squares, lanes or alleys : 
 damages ; appeals : jury trial : 
 compensation. 
 
 2. Notice of application. 
 
 3. Notice by Commissioners. 
 
 4. Mayor and City Council author- 
 
 ized to provide by general or- 
 dinance for establishing and 
 changing grade lines. 
 
 5. To provide for grading, paving, 
 
 kerbing, &c. 
 
 6. When special ordinance not re- 
 
 quired. 
 
 7. Who deemed owners. 
 
 8. Where real estate has been divi- 
 
 ded in reference to streets to be 
 opened, streets maybe opened: 
 proviso : notice. 
 
 9. Streets so opened, public high- 
 
 ways. 
 
 10. Paving, cleaning out, &c., pri- 
 
 vate wharf, dock or street : ex- 
 penses. 
 
 11. Grading, regulating, paving, 
 
 &c., footways : tax : fine. 
 
 12. Altering grade on account o f 
 
 health : duty of Mayor and 
 City Commissioner: persons to 
 assess damages : award. 
 
 13. Turnpike roads running into 
 
 city. 
 
 14. Removal of dirt and filth from 
 
 streets: pavements: lamps. 
 
 NORTH AVENUE. 
 
 15. Subject to same conditions, &c., 
 
 as other streets : grading, pav- 
 ing, kerbing, &c.: liability of 
 owners: laws and ordinances 
 applicable. 
 
 BRIDGES AND HIGHWAYS. 
 
 16. Authority to Mayor and City 
 
 Council to purchase bridges 
 and turnpike roads . 
 
 ORDINANCES. 
 
 OPENING, WIDENING, CLOSING, &C., 
 STREETS. 
 
 1. Three Commissioners. 
 
 2. Oath or afiirmation of Commis- 
 
 sioners. 
 
 3. Oath or affirmation to be record- 
 
 ed. 
 
 4. Record of proceedings : recorded 
 
 orders: City Surveyor: com- 
 pensation : oath of clerk, &c. 
 
 5. Assessment for benefits : assign- 
 
 ment to be received by Regis- 
 ter or Collector. 
 
Steeets and City Commissioner. 
 
 981 
 
 Article XLVn. 
 
 6. Notice to be given : award of 
 
 damages : assessment of tiiose 
 benefited : expenses and dam- 
 ages: Register. 
 
 7. When Commissioners to ascer- 
 
 tain full value of lot and im- 
 provement: when to sell 
 materials of house necessary 
 to remove and residue of lot : 
 notice : deed from Mayor and 
 City Council : bond from pur- 
 chaser : removal of materials, 
 &c.: when Commissioners to 
 re-sell : notice : proviso : con- 
 demnation of part of lot : pro- 
 viso: notice. 
 
 8. Statement to be placed in Regis- 
 
 ter's office : maps : represen- 
 tations and testimony to be 
 considered : duty of Register : 
 right of appeal to City Court. 
 
 9. Duty of clerk to Commissioners 
 
 for Opening Streets. 
 
 10. Appeal to City Court: court to 
 
 appoint day : right of jury 
 trial : judge to have power to 
 add reasonable costs. 
 
 11. When ordinance for opening, 
 
 &c., street declared void or re- 
 pealed, how parties reimburs- 
 ed : payment of expenses. 
 
 12. Collector to notify parties assess- 
 
 ed : sale : notice. 
 
 13. Collector authorized to sell 
 
 property : notice. 
 
 14. Mode of sale : Collector to re- 
 
 sell. 
 
 15. Collector to execute deed of con- 
 
 veyance : purchase-money. 
 
 16. Liens : when to invest in city 
 
 five per cent, stock. 
 
 17. Persons not claiming title may 
 
 pay amount of assessment: 
 certificate. 
 
 18. Temporary commissioners. 
 
 19. Limit of time. 
 
 20. Term of years. 
 
 21 
 
 Obstructions to be removed : 
 suit for expenses. 
 
 22. Per diem to be assessed. 
 
 23. Salaries of Commissioners and 
 
 clerk: expenses. 
 
 24. Books and papers to be deposit- 
 
 ed with Register. 
 
 25. Deeds from owners of property: 
 
 duty of Examiner of Titles : 
 square: plat. 
 
 Public highways. 
 
 When petitions or remon- 
 strances not entertained : loca- 
 tion of property. 
 
 26. 
 27. 
 
 GRADES, GRADING, PAVING, AC. 
 
 28. Permanent grade lines : chan- 
 
 ges : record and return. 
 
 29. Notice of application, &c. 
 
 30. Grading, paving, &c. 
 
 31. Notice of application, «S5C. 
 
 32. Notice for proposals 
 
 33. Who deemed owners. 
 
 34. Tax on owners : lien. 
 List of persons liable to pay. 
 Interest. 
 
 Flag and stepping-stones. 
 When alleys, &c., paved virith- 
 
 out kerbstones : proviso. 
 
 When streets, &c., paved with 
 rubble stone, &c.: gutter 
 stones : kerbstones : proviso : 
 security from contractor. 
 
 City Commissioner and assis- 
 tants to examine kerb, flag, 
 &c., stones, paving, &c.: penal- 
 ty on contractor. 
 
 Petition by Mayor for grading, 
 &c. 
 
 Expenses of cross streets. 
 
 Regrading, &c. 
 
 Private contracts of owners for 
 grading, &c.: proviso: bond: 
 penalty. 
 
 Bond from parties to whom 
 contracts are awarded. 
 
 40, 
 
 41. 
 
 42. 
 43. 
 44. 
 
 45 
 
982 
 
 Streets and City Commissioner. 
 
 Article XLVII. 
 
 46. When contractor to forfeit all 
 
 claim to contract : new award. 
 
 47. What per centage to be withheld 
 
 from contractors, and for how 
 long: guaranty. 
 
 48. Contracts, how awarded. 
 
 49. General regulations for grading 
 
 and paving footways. 
 
 50. Notice to owners of property: 
 
 when to be published: collector. 
 
 51. Notice to be given to proprie- 
 
 tors. 
 
 52. Proceedings in case of neglect 
 
 or refusal. 
 
 53. Footway tax, how collected : lien 
 
 54. May be collected by distress. 
 
 55. Register to pay in anticipation. 
 
 56. Penalty for refusal. 
 
 57. Footways, &c., to be inspected 
 
 biennially. 
 
 58. Footways, how to be paved 
 
 with stone. 
 
 59. Paving bonds to be extended 
 
 by Mayor. 
 
 60. Notice to owners : footways : 
 
 pavements of brick : fine. 
 
 61. Nicholson or improved pave- 
 
 ment : proviso. 
 
 REPAIRING, MENDING, &C., STREETS 
 AND BRIDGES. 
 
 62. Appointment of City Commis- 
 
 sioner: to attend office daily: 
 Assistant City Commissioner : 
 not to be engaged in or con- 
 nected with other business. 
 
 63. Bond of Commissioner : of as- 
 
 sistant : salary. 
 
 64. Duty of Assistant City Commis- 
 
 sioner: work to be correctly 
 measured: record. 
 
 65. Two additional assistants : sala- 
 
 ries. 
 
 66. Duty of last named assistants. 
 
 67. Clerk : salary : duties : journal: 
 
 return to Register : bids for 
 work : papers. 
 
 68. Leveling, grading, mending, 
 &c., streets, &c.: contracts, 
 how approved. 
 
 69 Money expended, how paid. 
 
 70. Report to Council. 
 
 71. Statement of streets, &c. paved 
 
 or repaved : contractors. 
 
 72. Heading of documents. 
 
 73. City Commissioner to fix lines 
 
 of streets, &c., boundaries of 
 lots : land marks. 
 
 74. Lines of streets in laying foun- 
 
 dations of houses : duty of City 
 Commissioner : City Surveyor: 
 penalty. 
 
 75. Appeal to Mayor from deter- 
 
 mination of City Commission- 
 er: commission to disinterested 
 persons : compensation: return 
 of award to Register : oath. 
 
 76. Duty of Mayor : bond for ex- 
 
 penses. 
 77. , How expenses ascertained. 
 
 78. Power to enter lots or posses- 
 
 sions. 
 
 79. Bridges. 
 
 80. Injuring or destroying abut- 
 
 ment, mound, &c. : penalty. 
 
 81. Placing flag and stepping- 
 
 stones. 
 
 82. Repairing and cleaning private 
 
 wharves, docks, &c. 
 
 83. Trenches made by gas com- 
 
 panies. 
 
 LAMPS AND GAS. 
 
 84. Construction, &c., of lamps and 
 
 lamp pillars. 
 
 85. Register to pay. 
 
 86. Name of street on lamp. 
 
 87. New lamps to have names on. 
 
 88. Destroying lamps, &c.: pen- 
 
 alty. 
 
 89. Private lamps regulated: pro- 
 
 visos: penalty. 
 
 90. Lighting or extinguishing pub- 
 
 lic lamps : penalty. 
 
Streets and City Commissioner. 
 
 983 
 
 Article XLVII. 
 
 91. 
 93. 
 93. 
 
 94. 
 
 BUPERINTENDENT8 OP LAMPS AND 
 LAMPLIOIITBUS. 
 
 Appointed by Mayor : duties. 
 Light on Sunday night. 
 Compensation of superintend- 
 ents and lamplighters. 
 
 PERMITS. 
 
 Earth not to be removed from 
 unpavcd streets witliout per- 
 mission. 
 
 95. Ditches not to be dug in lanes 
 
 or alleys without pennission. 
 
 VAULTS, AREAS AND CELLARS. 
 
 96. City Commissioner to give per- 
 
 mission to construct: proviso. 
 
 97. Penalty for constructing with- 
 
 out written permission. 
 
 98. How application to be made. 
 
 99. Payment to Register. 
 
 100. Penalty when the number of ft. 
 exceeds the number paid for. 
 
 To be completed within three 
 
 weeks: proviso. 
 
 Extent of areas. 
 
 Areas to be enclosed : proviso. 
 
 What constitutes vaults and 
 areas. 
 
 Entrances to cellars to be cover- 
 ed when not in use : penalty. 
 
 Cellar doors, how to be con- 
 structed. 
 
 Duty of police. 
 
 Vaults, how to be covered : 
 penalty. 
 
 Apertures of vaults, how to be 
 covered: penalty: proviso. 
 
 Precautions while constructing, 
 penalty. 
 
 101. 
 
 108. 
 103. 
 104. 
 
 105. 
 
 106. 
 
 107. 
 108. 
 
 109. 
 
 110. 
 
 111. Removal of covering 
 
 REGULATIONS. 
 
 112. Penalty for firing guns, &c. : 
 
 exception : firing from aboard 
 vessels. 
 
 113. Coal and troughs in streets pro- 
 
 hibited. 
 
 114. Firewood in streets legulated: 
 
 penalty. 
 
 115. Barrels, hogsheads, boxes, &c. : 
 
 penalty : not more than one- 
 half of footway to be used. 
 
 116. When streets may be obstruct- 
 
 ed : goods liable to inspection 
 regulated. 
 
 117. Goods, &c., not to project more 
 
 than three feet : penalty. 
 
 118. Wheelbarrows, &c., on foot- 
 
 ways prohibited : proviso. 
 
 119. Lumber, &c., regulated : notice 
 
 from City Commissioner or 
 police: penalty. 
 
 120. Horses not to be shod or fires 
 
 made in streets : penalty : pro- 
 viso : when fires allowed. 
 
 121. Hitching posts. 
 
 122. Penalty for injuring trees in 
 
 streets, &c. : proviso. 
 
 123. Sparrows, robins, wrens, &c., 
 
 protected: bird boxes : pen- 
 alty. 
 
 124. Water from gutters not to be 
 
 thrown on streets. 
 
 125. Snow to be removed from foot- 
 
 ways : exception : penalty. 
 
 126. No salt to be used to melt ice or 
 
 snow: penalty. 
 
 127. Duty of police with respect to 
 
 snow, ice, &c. 
 
 128. Bulky articles not to be thrown 
 
 from windows: sliding 
 boards, skids, &c., regulated : 
 penalty: proviso. 
 
 129. Penalty for playing bandy, fly- 
 
 ing kite, throwing stones, «&c. 
 
 130. Political organizations not to 
 
 parade after dark : penalty. 
 
 DRIVING CATTLE, SHEEP OR SWTNK 
 THROUGH STREETS. 
 
 131. Hours when cattle, &c., may 
 
 be driven through certain 
 streets. 
 
 132. Streets. 
 
 133. Streets. 
 
 134. Streets. 
 
 135. Penalty. 
 
 K 
 
984 
 
 Stkeets and City Commissioner. 
 
 Article XL VII.— Statutes. 
 
 136. Swine not permitted to lie down 
 
 in streets : penalty. 
 
 137. Driving cattle, sheep and hogs 
 
 through streets prohibited, ex- 
 cept to slaughter houses or 
 shipping points : exception : 
 proviso. 
 
 CATTLE, SWINE AND GOATS AT LARGE. 
 
 138. Cattle and swine not permitted 
 
 to go at large: when taken'up, 
 how disposed of: penalty. 
 
 139. Appropriation. 
 
 1 40. Goats going at large may be kill- 
 
 ed or seized : appropriation. 
 
 141. Penalty on owners of goats. 
 
 STATUTES. 
 
 P. L. L.,art. 4, 1, The MavoF and City Council of Baltimore shall have 
 
 sec. 837, 1878, c. J J 
 
 1^3. fill] poorer to provide for laying out, opening, extending, widen- 
 
 Powertoopen, ing, Straightening or closing up in whole or in part, any street, 
 
 widen, close, ^' ^ ^ ^ ^ . . i • i • 
 
 Ac, streets, sQuare, lauc or alley within the bounds of said city, which in 
 
 squares, lanes t. ' t/ -i 
 
 or alleys. their opiuion 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 such owner or possessor ought to be compensated, or 
 ought to pay a compensation, and to provide for assessing and 
 levying, either generally on the whole assessable property of 
 said city, or specially on the property of persons benefited, 
 
 Damages. the wholo or any part of the amount of damages and expenses 
 which they shall ascertain will be incurred in locating, opening, 
 extending, widening, straightening or closing up the whole or 
 any part of any street, square, lane or alley in said city ; to 
 provide for granting appeals* to the Baltimore City Court, 
 
 *The jurisdiction over these appeals is now vested by Const., 1867, Art. 4^ 
 sec. 28, in the Baltimore City Court. The jurisdiction of the Criminal Court in 
 this matter ceased with Const., 1864, Art. 4, sec. 36, and Art. 4, sec. 33, and 
 that of the Superior Court with Const., 1867 . See Mayor, &c. v. Clunet, 23 Md . 
 449. p. G. L., Art. 29, sees. 51-53, provided that the Superior Court, [now Bal- 
 timore City Court,] shall have and exercise jurisdiction in appeals from the 
 decisions of any commissioners or other persons appointed in virtue of any 
 ordinance to ascertain the damage which will be caused, or the benefit which 
 will accrue to the owners or possessors of grounds or improvements by lo- 
 
Streets and City Oommissioneb. 985 
 
 Article XL VII.— Statutes. 
 
 from the decisions of any commissioners, or other persons ap- 
 pointed in virtue of any ordinance, to ascertain the damage 
 which will be caused or the benefit which will accrue to the 
 owners or possessors of ground or improvements by locating, 
 opening, extending, widening, straightening or closing up, in 
 whole or in part, any street, square, lane or alley within said 
 city, and for securing to every such owner and possessor the 
 right, on application within a reasonable time, to have decided 
 by a jury trial whether any damage has been caused, or any Jury trui. 
 benefit has accrued to them, and to what amount; to provide for 
 collecting and paying over the amount of compensation ad- compensation, 
 judged to each person entitled, or investing it in stock of the said 
 corporation, bearing an interest of&veper centum per annum, 
 for the use of any such persons who because of their infancy, ab- 
 sence from the city, or any other cause, may be prevented from 
 receiving it, before any street, square, lane or alley, in whole or 
 in any 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. 
 
 2. Before the Mayor and City Council shall pass any or- p. l. l. art. 4, s. 
 dinance uuder the preceding section, at least sixty days' notice Notice of appii- 
 shall be given of any application for the passage of such ordi- ''*"*"'■ 
 nance, in at least two of the daily newspapers in the said city.* 
 
 eating, opening, extending, widening, straightening or closing up, in whole 
 or in part, any street, square, lane or alley within the city of Baltimore. 
 
 The appeal from the assessment of the commissioners shall betaken within 
 thirty days after the expiration of the notice of such assessment required to 
 be given by the city. 
 
 1870, c. 263, provided that all appeals from decisions on matters of law 
 made by the courts of Baltimore city in relation to streets in said City, shall 
 stand for hearing in the Court of Appeals, at the first term after the trans- 
 mission of the record. See Const., 1867, Art. 4, sec. 15. 
 
 * Held in Mat/or, &c. v. Grand Lodge of I. 0. 0. F., 44 Md. 436, that the 
 notice of sixty days was a condition precedent to the valid exercise of the 
 
986 Streets and City Commissioner. 
 
 Article XL VII.— Statutes. 
 
 Ibid, s. 839. 3, Before any coimnissioners appointed by any ordinance 
 
 Notice by com- of Said Corporation under the precedino' two sections shall 
 
 proceed to the performance of their duty, they shall give notice 
 
 in at least two of the daily newspapers in the city of Balti- 
 
 power in any given case, and that any ordinance wliich did not substantially 
 conform to the notice, would be inoperative and void. 
 
 A notice as required by the above section was as follows : "Notice is here- 
 by given that application will be made to the Mayor and City Council of 
 Baltimore to open and condemn Lexington street, from Holliday to 
 Douglas street." The ordinance purporting to have been passed in pursuance 
 of this notice was entitled an ordinance to condemn and open Lexington 
 street eastward from Gay street, so as to make it intersect the present west- 
 ern terminus of Douglas street, and to change the name of Douglas to 
 Lexington street ; and its first section directed the Street Commissioners "to 
 condemn and open Lexington street, eastwardly from Gay street, so as to 
 make it intersect the present western terminus of Douglas street, as laid 
 down and delineated on a plat of said opening recently made by" the City 
 Surveyor as follows : and then the limits and bounds of this opening and ex- 
 tension were described. 
 
 In another section the name of Douglas street was changed to Lexington 
 street. The opening and extension contemplated by the notice was to be 
 from Holliday street, and to continue Lexington street from that point to 
 Douglas street. The ordinance provided that the condemnation and opening 
 should begin at Gay street and extend to Douglas street; and nothing more. 
 Held : 1. That the difference between what the notice stated, was contem- 
 plated and would be applied for, and what the ordinance actually authorized 
 and directed to be done, was material and essential. 2. That the ordinance 
 not being in substantial conformity with the notice, was inoperative and void. 
 Mapoi; &c. v. Orand Lodge, I. 0. 0. F., 44 Md. 436. 
 
 Held in Dashiell v. Mayor, &c. 45 Md. 616, that although this section made 
 the notice of sixty days essential to the validity of a condemnation ordinance, 
 the proceedings to open and condemn a street were entirely different from 
 the proceedings to pave it ; and if in an action by the city to recover from 
 a party a paving tax assessed on lots belonging to him, the validity of the 
 condemnation ordinance could be assailed at all for any matter delwrs the 
 ordinance itself, the onus of proof was on the party raising the objection. 
 An objection that the commissioners gave by publication twenty-nine in- 
 stead of thirtj' days' previous notice of meeting to execute their powers 
 under the condemnation ordinance, was held an irregularity that might 
 have been availed of on an appeal from the proceedings under the ordi- 
 nance, but could not be relied on in the action of the city to recover the 
 paving tax. 
 
Streets and City Commissionbe. 987 
 
 Article XL VII.— Statutes. 
 
 more of the object of the ordinance under which they propose 
 to act, at least thirty days before the time of tlieir first meeting 
 to execute the same. 
 
 4. The Mayor and City Council of Baltimore are hereby i874, c. 218, «. i. 
 authorized and empowered to provide by general ordinance Mayor and city 
 
 '■ ^ *' O Council author- 
 
 for the establishment of the permanent grade lines of any b*geni'rXor^-'^ 
 street, lane or alley, or part thereof, now or hereafter to be uuiaWngand 
 marked, located or laid out upon the plan of said city, on un'sf °* *' 
 application of the owner of any property binding thereon, 
 and, from time to time, for a change in any such grade lines 
 which may have been previously so established ; and for the 
 assessment and collection of the cost of said work, either 
 through the general tax levy or by special assessment upon 
 the party making the application.* 
 
 5. The said Mayor and City Council shall have, and are iwd, s. 2. 
 hereby vested with full power and authority to provide by To provide for 
 ordinance for the grading, shelling, graveling, paving, and W kerbmg, 
 keibing, or for the re-grading, re-shelling, re-graveling, 
 re-paving and re-kerbing of any street, lane or alley in said 
 
 city, or part thereof, now condemned, ceded or 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, pro 
 rata, upon the i)roperty binding on such street, lane or 
 alley, or part thereof, and for collecting such assessments 
 as other city taxes are collected. 
 
 *Tliis act repealed sections 840, 841, 844, 845, 846, 847, 848, 849, 
 850, 855 and 861 of P. L. L., Art. 4, (being sections 4, 5, 8, 9, 10, 11, 13, 13, 
 14, 18 and 19, of Art. 43, of City Code of 1869,) and Acts of 1870, chs. 282 
 and 322. As to the effect of the repeal of sec. 861, (sec. 19, of Art. 43 of City- 
 Code, of 1869,) by Act of 1870, c. 282, and the repeal of that act by the Act of 
 1874, c. 218, see Dashiell v. Mayor, &c. 45 Md. 616. 
 
988 
 
 Streets and City Commissioner. 
 
 Article XL VII.— Statutes. 
 
 Ibid, 8. 3. 6. The said Mayor and City Council shall also have, and 
 
 When special are hereby vested vrith power and authority to provide by 
 
 ordinance not 
 
 required. general Ordinance for the grading, graveling, shelling, 
 
 paving or kerbing, or for the re-grading, re-graveling^ re- 
 shelling, re paving, or re-kerbing of any street, lane or 
 alley, or part thereof, in said city, without the passage of a 
 special ordinance in the particular case, whenever the owners 
 of a majority of the front feet of property binding on such 
 street, lane or alley, or part thereof, shall apply for the 
 same, upon terms and under conditions to be prescribed in 
 said general ordinance ; and for the asses'^ment in any such 
 case, of the cost of such work, in whole or part, ]pTO rata, 
 upon all the property binding upon such street, lane or 
 alley, or part thereof, and for the collection of such assess- 
 ment, as other city taxes are collected. 
 
 Ibid, s. 4. 
 
 Who deemed 
 owners. 
 
 7. A tenant for ninety-nine years, or for ninety-nine 
 years renewable forever, or the executor or administrator of 
 such tenant, or the guardian of an infant owner, or a mort- 
 gagee in possession, shall be deemed and taken as an owner, 
 for the purposes of any application to the Mayor and City 
 Council, authorized by this act, and the application of any 
 such person shall bind the property so represented for any 
 assessment or tax made under an ordinance passed in pur- 
 suance of the provisions of this act. 
 
 p. L. L. art. 4, 8. Whcrc real estate within the said city has been or 
 
 Where real es- may be divided according to law, among heirs, legatees, 
 
 dividend in^ re- joint tenants or tenants in common, entitled to the same, 
 
 streets to be and such divlsiou calls for any of the streets, lanes or alleys, 
 
 opened, streets 
 
 maybe opened, q^ j^^y p^j.^ qj, parts thcrcof, survcyed and laid off under the 
 law of 1817, [eh. 148,] or reserves any of the said streets, 
 lanes or alleys, or any part or parts thereof, as open, and 
 divides such estate with reference thereto, the Mayor and 
 City Council may on application of one or more persons in- 
 
Streets and City Commissioner. 989 
 
 Article XL VII.— Statutes. 
 
 terested in the ground to be taken on such application, adopt 
 and sanction by ordinance the principal 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 news- Proviso, 
 papers of said city (the cost of the advertisement to be paid Notice, 
 by the applicants) be given of such application before any 
 such ordinance shall pass. 
 
 9. All the streets, lanes or alleys opened in the manner n,id,gec_e43, 
 directed in the last preceding section shall be public high- streeu so open- 
 ways, and be subject to the laws, regulations and ordinances ways" '" ^ 
 applicable to public streets, lanes or alleys, or parts thereof, 
 
 in said city 
 
 10. They may on the application of a majority of feet in ibjd, gee. ssi. 
 front of any private wharf, dock, street, lane or alley, cause Paving cie.n- 
 the same to be paved, cleaned out, mended, or otherwise re- p"fv»te'wharf, 
 
 ... , , . . . . dock or street. 
 
 paved 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 suflScient in amount to 
 defray the expenses thereof, which shall be assessed upon the Expenses, 
 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 as taxes levied for paving public 
 streets. 
 
 11. They may pass all ordinances necessary for grading, i^id, sec. 852. 
 regulating, paving and repairing the footways in the streets, Grading, regu- 
 lanes and alleys of the city, and impose a tax on any lot or &c!°foo'twayf! 
 lots fronting on any paved street, lane or alley for the pur- xax. 
 
 pose of grading, regulating, paving or repairing footways 
 in front thereof, or compel by fine or otherwise, the owner or Fine, 
 proprietor of any lot or lots to pave or repair the footways 
 in front thereof, agreeably to the ordinances to be passed by 
 them. 
 
990 
 
 Streets and City Commissioner. 
 
 Article XL VII.— Statutes. 
 
 Ibid, sec. 854. 12. Whenever the Board of Health shall certify in writ- 
 Aitering grade ing to the Mavor that it is necessary for the health of the 
 
 on account of , 
 
 health. city to alter the grade of any street, lane or alley on low or 
 
 Duty of Mayor made ground, the Mator shall issue his order to the City 
 
 auU City Com- O ' .7 J 
 
 missioner. Commissioner, who shall thereupon call upon the several 
 property holders on such street, lane or alley, and procure 
 from them their assent in writing to such alteration ; and if 
 any property holder shall refuse to permit the same to be 
 graded, and shall require damages therefor, and cannot 
 agree with the commissioners as to the amount of damages, 
 or should there he 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 dam- 
 ages, who shall return on oath their award to said court, and 
 the same shall be confirmed by the court unless cause to the 
 contrary be shown ; in which case the court shall at the first 
 term thereafter decide finally thereon ; and when the dama- 
 ges so assessed or agreed upon shall be paid by the corpora- 
 tion of the city to the persons so assessed and legally entitled 
 to receive the same, the corporation may proceed to re-grade 
 and pave the said street, lane or alley. 
 
 Persons to as- 
 sess damages. 
 
 Award. 
 
 Ibid, sec. 857. 13. The president, directors and companies of the different 
 
 Turnpike roads turupike Companies owning roads running into the city of 
 
 city. Baltimore, may cede to said city such parts of said roads as 
 
 lie within the corporate limits of said city, and the same when 
 
 ceded shall be in all respects subject to the same regulations 
 
 as anpaved public streets.* 
 
 * As to Railroads see p. 762, ante, and case of Hooper v. B. & Y. Co. 34 Md. 
 521, p. 766, anU. 
 
 In the City Court, Frusli v. Mayor, <6c ,Oct. 15, 1874 : appeal from closing 
 Windsor Mill road : On motion to dismiss the appeal on the ground, that the 
 road being at urnpike, belonging to a chartered company, the city had no right 
 to close it, it was held by Brown, 0. J., that : the authority given the city under 
 
Streets and Citt Commissioneb. 991 
 
 Article XL VII.— Statutes. 
 
 14. The Mayor and City Council of Baltimore shall have ibid, sec. sea. 
 power to clean the streets and remove the dirt and filth there- Remoraiof dirt 
 
 ^ and filth from 
 
 from, and to prohibit and punish by ordinance the placing of •Greets, 
 any dirt, filth or other matter therein, and may protect any 
 pavement by prohibiting the travel thereon ; and the said Pavements. 
 Mayor and City Council may also erect lamps in any of the Lamps. 
 streets, lanes or alleys of said city, and cause the same to be 
 lighted at the expense of the city. 
 
 NORTH AVENUE. 
 
 15. The bed of North avenue throughout its entire length ists.c. 59. 
 shall in all respects be hereafter held as the bed of any other subject to same 
 
 conditioDS, &c., 
 
 street or avenue in Baltimore city, so far as the same be laid mother »treeu. 
 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, 
 
 section 1 of this article, was broad enough to include this case, and should be 
 liberally construed; that it embraced private as well as public streets, &c., 
 and streets owned by corporations ; that a turnpike road is a street under 
 the police powers of the city, and liable to be closed, &c., as a street under 
 section 1 of this article. 
 
 It was objected, that this proceeding virtually deprived the company of 
 its charter ; but it was held : that it only deprived the company of that part 
 of its road which lay in the city, which the testimony showed was left by 
 the company almost without repair and in such a condition that it was a 
 nuisance, and that for some years nearly all the repairs on the road had been 
 made by the city ; that the company had all its toll gates, which were not 
 interfered with ; and its road from the city to its terminus ; that there was 
 no absolute right given by the charter to the company to a particular line 
 of road inside the city and free from the right of the city to condemn it as 
 property. Condemnation could not have a different effect from a transfer 
 by the company of the part of the road within the city limits under the above 
 section 13. See Union E. R. Co. v. Havre-de- Grace Turnpike Co. 35 Md. 224; 
 Hooper y. Bait. <fe Torktown Turnpike Co. 34 Md. 521. It was further held, 
 that : the appellant, whose boundary lines were described as bounding on 
 the north and south sides of the road condemned, was the owner of the fee 
 in the bed of the road ; that the condemnation only freed his property from 
 the easement of the turnpike company, and that this was a benefit for 
 which he was bound to pay the true value. 
 
992 
 
 Streets and City Commissioner. 
 
 Article XL VII.— Statutes. 
 
 Grading, pav- 
 ing, kerbing, 
 be. 
 
 whether in Baltimore city or county, shall in the event of 
 said avenue or any part thereof being graded, kerbed, paved, 
 shelled, graveled, or any like improvement, be subject to the 
 same assessment for the cost of said grading, kerbing, 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 
 
 Liability of 
 owners. 
 
 Laws and ordi- to all the acts of assembly and ordinances of the Mayor and 
 
 nances applica- i i /• 
 
 We. City Council of Baltimore, which are now or may be hereafter 
 
 in force and applicable for the grading, kerbing, paving, gravel- 
 ing, shelling, or any like improvements of streets or avenues 
 in Baltimore city.* 
 
 BRIDGES AND HIGHWAYS. 
 
 1878,0.114. 16. The Mayor and City Council of Baltimore are hereby 
 
 Authority to authorizcd, witb the County Commissioners of any adjoining 
 
 Mayor and City . , , . 
 
 Council to pur- or neighboring county or counties thereof, to purchase all 
 
 chase bridges o o ./ ' r 
 
 roiuis"'^"'^'^* bridges and turnpike roads, or any portions thereof leading to- 
 wards said city, as such times and upon such terms as said 
 Mayor and City Council and said County Commissioners on 
 the one part, and the owners of such bridges and highways on 
 the other may mutually agree, and when so purchased, all or 
 
 * 1864, c. 188, provided for paying the costs and expenses of grading 
 North avenue, from Pennsylvania avenue to the Northern Central Railroad, 
 by the Mayor and City Council. 18C4, c. 344, empowered the Mayor and 
 City Council to collect and receive from the property holders on both sides 
 of North avenue, as well in Baltimore county as in the city, the sums sever- 
 ally assessed to them for the grading of said avenue. As to authority to 
 grade, see Mayor, &c. v. Porter, 18. Md. 284. These acts were declared in- 
 operative and void by the Court of Appeals, in Mayor, &c. v. JFei-n, 26 Md- 
 194. See also Lest^ v. Mayor, &c. 29 Md. 419 ; 38 Md. 229. 
 
 With regard to a proposed Boundary avenue or Boulevard, see Res. No. 
 124, June 12, 1851 ; No. 138, June 21, 1851, and No. 114, May 28, 1852, and 
 report of Park Commission, Jan. 1, 1869. 
 
Steeets and City Commissionek. 993 
 
 Article XL VII. — Ordinances. 
 
 any of them shall thereafter be free public highways, and as 
 such, under the care and management of said Mayor and City 
 Council and said County Commissioners, as they may respec- 
 tively provide and stipulate as between them.* 
 
 ORDINANCES. 
 
 OPENING, WIDENING, CLOSING, &c., STREETS. 
 
 1. There shall be appointed in the month of February, no.ioo, May 31, 
 1877, as other city oflScers are appointed, three Commissioners Fixing term of 
 
 ,• r\ • o • 1 • /• n 1 • 1 111 office for Com- 
 
 lor (Jpening btreets in the city 01 Jialtimore, who shall sever- missioners for 
 
 , . Opening Streets 
 
 ally hold their offices as follows : — The Mayor shall designate 
 one commissioner to hold office for the term of one year, one 
 for the terra of two years, and one for the term of three years, 
 so that one commissioner, after the appointment of the three 
 
 *As to Harman's Bridge, Light Street Bridge, &c., see p- 363, &c., ante, and 
 the Act of 1876, c. 230, s. 7, and Pumph/rey v. Mayvr, «fec., 47 Md. 146. 
 
 By the Act of 1878, c. 487, the president, managers and company of the 
 Baltimore and Reisterstown Turnpike Road are authorized and empowered 
 to cede and transfer, or sell to the Mayor and City Council of Baltimore, or 
 to the County Commissioners of Carroll, or to the Mayor and City Council 
 of Westminster, or any municipal corporation, upon such terms and condi- 
 tions and with such reservations as may be mutually agreed upon between 
 the parties, any portion or portions of its turnpike road for use as a public 
 highway, and that this act shall take effect when the same shall be accepted 
 by a majority in value of the stockholders, of the president, managers and 
 company of the Baltimore and Reisterstown Turnpike Road at any general 
 meeting. 
 
 The Act of 1876, c. 399, provided for laying off streets in Baltimore 
 county adjoining the city. The Act of 1872, c. 3, authorized the Western 
 Avenue Company to construct a road from the western terminus of any 
 street to Catonsville. 
 
 The Acts of 1870, c. 309, and 1874, c. 274, relating to Wilkins avenue in 
 Baltimore county, construed in Wade v. 8t. Mary's Industrial School, 43 Md. 
 178 ; Dashiell v. May(^, &c. 45 Md. 624. The Act of 1878, c. 125, provides 
 for grading Wilkins avenue. The Act of 1872, c. 363, provided for open- 
 ing and extending North street in Baltimore county, from North avenue to 
 Denmead street. 
 
994 Streets and City Commissioneb. 
 
 Article XL VII. — Ordinances. 
 
 commissioners in February, 1877, shall be appointed annually 
 for the terra of three years. 
 
 No 28,8. 2, 2. In each and every case, before the commissioners shall 
 
 Aprils, '66. . 
 
 ouh or affirma- proceed to act as a board, in the exercise of the powers con- 
 
 tion of commis- i i . r ^- i in 
 
 Bioners. tided to them by this or any lutnre ordmance, they shall sever- 
 
 ally tate and subscribe the follovsring oath or affirmation before 
 a justice of the peace: I, A. B., do swear, or solemnly, 
 sincerely and truly declare and affirm, that I will, to the best 
 of my judgment, knowledge and ability, faithfully, impar- 
 tially and diligently execute the duty of a Commissioner for 
 Opening Streets in the city of Baltimore, according to an or- 
 dinance entitled An ordinance to provide for exercising cer- 
 tain powers vested in this corporation, in relation to streets in 
 the city of Baltimore, or any ordinance supplemental thereto. 
 
 Ibid, s. 3. 3. The said oath or affirmation shall be recorded in a book 
 
 Oath or affirma- to bc provided by the said commissioners for the recording of 
 
 corded and cer- their procccdings ; and the justice in whose presence the said 
 
 , oath or affirmation shall be made and subscribed shall certify 
 
 thereto under his hand and in the same book. 
 
 ibid, s. 4; No. 4. The said commissioner shall employ a clerk in each 
 Record of pro- case, who shall keep a full and true record of all their pro- 
 cee ings. cccdings, in a book provided as aforesaid, under the direction 
 
 and supervision of the City Solicitor, and in such form as he 
 Recorded or- may prescribe. And the clerk so employed shall record all 
 orders made by the said commissioners in regard to the perform- 
 ance of their duties, and make true copies of all notices by 
 them directed to be published, and the certificate of the publi- 
 cation thereof ; and shall perform such other necessary duties 
 as the said commissioners shall require. And the said commis- 
 sioners shall also have the power to obtain the services of the 
 City Surveyor. City Surveyor, and such other assistants and agents as they 
 may deem necessary, in the exercise of their powers, and allow 
 to each of the persons so employed by them such compensation 
 
Stkeets and City Commissioner. 995 
 
 Article XLVII. — Ordinances. 
 
 as may be fixed by ordinance, and if not so fixed, as the said compensation, 
 commissioners may deem reasonable, and asssess the said com- 
 pensation and all other necessary charges ; and the clerk and 
 other persons to be so employed, shall severally take and sub- 
 scribe an oath or affirmation similar in snbstance to that re- oath of clerk, 
 quired to be taken and subscribed by the commissioners, which 
 shall be in like manner entered in the record of proceedings 
 of the said commissioners. 
 
 5. When the said commissioner shall assess a sum ofibia,8.5. 
 money to be paid by any person or persons for benefits derived Assessment for 
 by such person or persons by opening, widening 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 injury sus- 
 tained by said opening, widening or closing, it shall and may 
 be lawful, upon a certificate of title from the Solicitor of the 
 City, for the Register or Collector to receive from suoli person Assignment to 
 
 be received by 
 
 or persons an assignment for tl)e sum or sums so assessed, as Register orcoi- 
 
 ^ ^^ ' lector. 
 
 damages as aforesaid. 
 
 6. Whenever the Mayor and City Council shall hereafter, md, s. e. 
 by ordinance, direct the Commissioners for Opening Streets to Notice to he 
 lay out, open, extend, widen, straighten or close up, in whole ^^*°' 
 
 or in part, any street, sqnare, lane or alley, within the bounds 
 of this city, the said commissioners shall give at least thirty 
 days' notice, in at least two of the daily newspapers of the 
 city, of the object of the ordinance under which they are 
 about to act, and of the day, hour and place of their first 
 meeting under the said ordinance ; and the said commissioners 
 shall meet at the time and place mentioned in the notice given 
 by them, and proceed to exercise the power and perform the 
 duty assigned to and required of them, under and by virtue 
 of this ordinance, and ascertain whether any and what amount 
 in value of damage will thereby be caused to the owner of 
 any right or interest claimed in any ground or improvements 
 within or adjacent to the said city, over and above the amount 
 
996 Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 in value of benefit which will thereby accrue to such owner, 
 for which, taking into consideration all advantages and disad- 
 vantages, such owner ought to be compensated ; and in addi- 
 Awardof dam- tiou thereto shall award to the occupant or occupants of any 
 
 ages. 
 
 lot of ground, or of any improvement that may be removed, 
 such damages, if any, as the commissioners, or a majority of 
 them, may believe such party or parties have sustained by such 
 removal ; and the said commissioners, after having ascertained 
 the whole amount of damages as aforesaid, and after having 
 added thereto an estimate, made by them, of the probable 
 amount of expenses which will be incurred in the performance 
 of the duties required of them as aforesaid, and also the expense 
 incurred by the Register under the provisions of this ordinance. 
 Assessment of shall proccod to asscss all the ground and improvements with- 
 
 those benefited , , , ,. .1 • , 1 <^ 1 • i 1 - 1 
 
 in and adjacent to the city, the owners oi which, as sucn, tne 
 said commissioners shall decide and deem to be directly bene- 
 fited by accomplishing the object authorized in the ordinance 
 
 Expenses and aforcsaid ; and should the direct benefits, assessed as aforesaid, 
 not be equal to the damages and expenses incurred, the balance 
 
 Register. of Said cxpeuscs and damages shall be paid by the City Regis- 
 
 ter and be taken out of the general levy, subject, nevertheless, 
 to all such restrictions exempting certain descriptions of prop- 
 erty from assessment as are contained in any law of the State, 
 or in this ordinance or in any other ordinance of the city. 
 
 No. 25, April 5, 7. lu cvcry casc where it shall be necessary in order to 
 6, '70; No.'?", ^ efiect the obiect proposed, that a part only of a house and lot, 
 
 June 10, '70. jrr^ r j 
 
 When commis- or of a lot, shall be taken and used, or destroyed, and the 
 tain fuu raiur' owucr Or owucrs thereof shall claim to be compensated for the 
 
 of lot and im- . . • 1 x^ 1 1 n 
 
 provement. wholc, the Said commissioncrs may ascertain the luli value 
 thereof, as if the whole lot and improvement were necessary 
 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 owner or owners thereof, or vested in 
 city five per cent, stock for his, her or their use, before any 
 
Stbe£T6 and City Commissioner. 997 
 
 Article XL VII. — Ordinances. 
 
 part thereof shall be destroyed, removed or used, unless such 
 
 owner or owners shall assent thereto, in writing, as provided 
 
 in section 16 hereof; and the said commissioners, after 
 
 giving ten days' notice in two of the daily newspapers of the Notice. 
 
 city of the time and place, manner and terms of sale, shall sell 
 
 the materials of any house which it shall be necessary to re- To seii mate- 
 
 rials of house 
 
 move, in whole or in part, and the residue of any lot of which neceshiry to re- 
 
 ' r ^ J move and resi- 
 
 a part shall be taken and used as necessary to effect the object ^"®°' '"'• 
 confided to the commissioners, and for which the owners shall 
 claim to be fully compensated, at public auction, to the highest 
 bidder for cash, to be paid on the day when full possession shall 
 be given of the property or materials so sold, and the said 
 commissioners, or a majority of them, on receiving the price or 
 sum of money so bid, shall convey to the purchaser or pur- 
 chasers the property, ground, or materials, sold by them as 
 aforesaid, by a good and sufficient deed, to be executed and Deed from 
 
 . , Commissioners. 
 
 acknowledged by tnem in the lorm and manner required 
 by law for conveying the title to land in this State. Such 
 sale shall be made before the commissioners shall proceed 
 to assess the amount of damages and expenses to be assessed 
 as directed by this ordinance ; and the said commissioners are 
 duly empowered to take and receive a bond of the purchaser Bond from pur- 
 of the property or materials aforesaid, with a penalty to the 
 Mayor and City Council of Baltimore, that the price for which 
 the same was sold shall be duly paid at such time as they, the 
 said commissioners, are prepared to deliver possession of said 
 property and materials, and that the said purchaser shall re- Removal of ma- 
 move, within sixty days thereafter, 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 pur- 
 chaser or purchasers of property or materials failing forthwith 
 to comply with the terms of sale, the Commissioners for Open- 
 ing Streets in office at the time of such failure shall re-sell the when commis- 
 said property or materials at the risk of the former purchaser seii. 
 
998 Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 Notice. or purchasers, giving not less than five days' notice of said sale 
 
 in two of the daily newspapers of the city aforesaid, the ex- 
 penses of said sale and notice to be paid by the original pur- 
 chaser, and the deed to be executed and acknowledged as here- 
 
 ProTiso. inbefore provided; provided, however, that when in the 
 
 opinion of said commissioners the part of a lot necessary to 
 effect the object proposed can be taken without destroying the 
 whole lot for the purposes for which it is used or for building 
 
 Condemnation purposGS, then Said Commissioners shall condemn such part 
 
 of part of lot. i/>ii, . n l^ 1 1 • t 
 
 only ot such lot as is necessary tor the proposed object, and 
 shall award to the owner or owners of the part of the lot so 
 taken such damages, and assess ihe remainder thereof such 
 benefits as in their judgement shall be just and proper ; pro- 
 Proviao. vidcd, further, that when a lot is destroyed for the purposes 
 
 for which it is used or for building purposes, then the said corn- 
 Notice, missioners shall give a notice in writingto the owner or owners 
 thereof, or their agent or agents, of the damage about to be 
 sustained, and that such owner or owners, or their agent or 
 agents as aforesaid, shall have the space of thirty days to 
 determine whether they will or not surrender the lot so 
 damaged. 
 
 No. 26, s. 8, Apr. 8. As soon Es the commissioners aforesaid shall have 
 
 3, '66; No. 29, , i , -, • ,. n .•tit 
 
 Apr. 28, '68; complcted the valuation ot damages ascertained by them, 
 
 No. 75, June 28, ^ . . . J } 
 
 '78. as directed by section 6 of this ordinance, they shall cause a 
 
 statement to be statement tlicreot to be made out and placed in the office of 
 
 placed in Regis- . „ , . 
 
 ter's office. the Eegister of the City for the inspection of all peisons 
 desiring information of its contents, and such statement, 
 
 Maps. together with an explanatory map or maps, shall contain a 
 
 correct description of each separate lot or parcel of ground 
 deemed to have sustained damages, its length and breadth, 
 the name of any street, square, lane or alley on which it 
 bounds, the names of all persona who shall claim any estate 
 or interest in it, and the amount of damages as valued by 
 
"Streets and City Commissioner. 999 
 
 Article XL VII. — Ordinances. 
 
 the commissioners, and if there be any house or other im- 
 provement on it necessary to be removed, in whole or in 
 part, a description of the size and such other particulars as 
 the commissioners shall deem proper ; and in like manner a 
 description of each parcel of ground deemed by the commis- 
 sioners to be benefited, the name or names of such person or 
 persons as shall claim any estate or interest therein, and the 
 amount assessed thereon for benefits and the commissioners 
 shall cause a notice to be published four successive days in Notice, 
 two daily newspapers of the city, stating the extent of the 
 ground covered by the assessment, and that such statement 
 and map or maps have been so deposited with the Register 
 for examination, and that the commissioners will meet at 
 the office of the Commissioners for Opening Streets on a day 
 in such notice to be named ; which shall be within ten days 
 affer the first publication of such notice to review any of the 
 several matters set forth in the said statement, to which any 
 person claiming to be interested therein shall, on that day, 
 so appointed make objection, and the commissioners shall 
 meet at the time and place so appointed and consider all Hepresentations 
 
 and testimony 
 
 such representations and testimony on oath or affirmation, to b« considered, 
 verbal or in writing, in relation to any matter in said state- 
 ment which shall be ofiered 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 valu- 
 ations, assessments and estimates, and all other matters con- 
 tained in the said statements and expl inatory 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 leview an opportunity to be heard, not exceeding 
 iu the whole ten days ; and after closing such review the 
 commissioners shall make all such corrections in their state- 
 ment and explanatory map or maps as they shall deem pro- 
 
1000 Streets and City Commissioner.- 
 
 Article XL VII. — Ordinances. 
 
 statements and per, and cause sucli statement and map or maps so corrected 
 and certified under the hands and seal of said commissioners 
 and their clerk to be de}iosited in the office of the Eegister 
 
 Duty of Regis- as onc of the records of the city ; and it shall be th.e duty of 
 
 ter. 
 
 the Register, within five days after said proceedings shall 
 have been deposited in his office, to notify all persons inter- 
 ested 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 interested therein are entitled to 
 Right of appeal, appeal therefrom, by petition, in writing, to the Baltimore 
 City Court. 
 
 No. 76, June 21, 9. It shall bc the duty of the Clerk of the Commissioners 
 
 '73. 
 
 Duty of clerk to for Opening Streets to serve written or printed notice upon 
 
 Commissioners • -i n i ^ 
 
 for Opening each and every party or parties assessed lor damages, caused 
 
 otrcBts. 
 
 Notice. by the condemnation and opening of any public highway ; 
 
 Proviso. provided, however, that the service of such notice shall not 
 
 be so construed as to be one of the prerequisites to the con- 
 demnation and opening of any street under any ordinance 
 heretofore passed, or hereafter to be passed, by the Mayor and 
 City Council of Baltimore. 
 
 No.26,s. 9, 10. Any person or persons, or corporations, who may be 
 
 29,Ap'r.28,''68. dissatisficd with the assessment of damages or benefits, as 
 Appeal to City hereinbefore provided, may, within thirty days after the re- 
 
 Court. 
 
 turn of the corrected statement and map or maps to the 
 Register, as provided in section 8 of, this ordinance, 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 
 Court to appoint 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 
 
I 
 
 Stbeets and City Commissioner. 1001 
 
 Article XLVII. — Ordinances. 
 
 said court to issue a suhpo&na duces tecum to the Register of Duty of court, 
 the City, requiring him to produce and deliver to said court 
 the record of the proceedings of the Board of 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 commissioners, 
 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, amend- 
 ments and 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 afore- 
 said, shall be secured in the right of a jury trial, and the Right of jwy 
 said court shall direct the Sheriff of Baltimore city to sum- 
 mon twelve or more persons qualified to be jurors, and shall 
 erapannel any twelve disinterested persons so summoned, or 
 attending the court, to try any question of facts, and if neces- 
 sary to view any property in the city, or adjacent thereto, to 
 ascertain and decide on the amount of damages or benefit, 
 under the direction of the court ; and the said court shall not 
 reject or set aside the record of the proceedings of the said 
 commissioners for any delect or omission in either form or 
 substance, but shall amend or supply all such defects and 
 omissions, and increase or reduce tbe amount of damages and 
 benefits assessed, and alter, modify and correct the said re- 
 turn of proceedings, in all or any of its parts, as the said 
 court shall deem just and proper, and shall cause the pro- 
 ceedings and decisions on said returns and appeals to be 
 entered in the book containing the record of the proceedings 
 
1002 
 
 Streets and Citt Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 of the commissioners, certified by the clerk, under the seal of 
 the court, and the book to be transmitted to the Register of 
 the City, which shall be final and conclusive in every respect, 
 unless an appeal be taken to the Court of Appeals, and such 
 record book, or a copy of the proceedings therein, or any 
 part of such proceedings, whether in court or out of court, 
 certified by the Register of the City, under the corporate seal 
 of the city, shall be evidence in any court in this State, and 
 the judge of the Baltimore City Court shall have full power, 
 in his discretion to add the reasonable costs of any appeal, 
 to be taxed by him, or any part thereof, to the damages to be 
 collected tor opening or closing said street, or to require 
 such cost, or any part thereof, to be paid by all or by either 
 ofthe appellants as the circumstances of each appeal, in his 
 opinion, shall justify. 
 
 Judge to have 
 power to add 
 reasonable 
 costs. 
 
 11. Whenever any ordinance passed by the Mayor and 
 City Council of Baltimore, providing for the condemnation 
 
 No. 8, Feb. 
 23, '77. 
 When ordi- 
 nance for open- 
 
 d"lia*ed voidT ^'^^ opening, widening or closing of any street, lane or alley 
 PMtiel^re-'im^ in Said city, shall be set aside, or declared null and void* by 
 a Court of competent jurisdiction, to wit : the Baltimore 
 City Court or the Court of Appeals, in the event of an ap- 
 peal to that tribunal, or the same shall be repealed by the 
 Mayor and City Council of Baltimore, it shall be the duty 
 of the Compt' oiler immediately thereafter to draw his war- 
 rant on the Register 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 treas- 
 ury not otherwise appropriated. The Comptroller shall 
 
 *Wlien the City Collector of Baltimore is about to advertise and sell 
 property assessed under a void ordinance for benefits for the opening of a 
 street, a Court of Equity lias jurisdiction, upon the application of the prop- 
 erty holder, to restrain by injunction the enforcement of the ordinance. 
 Mayor dc, v. Grand Lodye of I. 0. 0. F., 44 Md. 437. 
 
Streets and City Commissioner. 1003 
 
 Article XL VII. — Ordinances, 
 likewise draw his warrant on the Register for the payment Payment of ex- 
 
 " '^ '' pensea. 
 
 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. 
 
 12. If no appeal shall have been praN'^ed, then within ten no. ae. «. lo, 
 
 . . . . Apr. 3, '66. 
 
 days* after the time hereinbefore limited therefor, or after the collector to no 
 
 . , 1111 "'y parties as- 
 
 return of the decision upon any appeal shall have been made »e»sed. 
 to the Register, the said Register shall transfer the said 
 commissioners' return to the 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 six months from 
 the date of such transfer of said commissioners' returns, he 
 will proceed to sell the specific pieces or parts of property saie. 
 on which such unpaid sura or sums of money shall have 
 been assessed, in the manner, and after having given the Notice, 
 notice directed by section 13 of this ordinance. 
 
 13. If the sums assessed upon the property certified, ibid.i.u. 
 
 shall not be i)aid within the time above limited, the Collector collector au- 
 thorized to sell 
 shall be, and he is hereby, authorized and directed to sell property. 
 
 the property or any part thereof on which such assessment 
 
 has been laid, giving not less than thirty days' nor more Notice. 
 
 than sixty days' notice of said sale in two of the daily 
 
 newspapers published in the city of Baltimore ; said notice 
 
 *In City Court, Webster v. Mayor, &c., Oct. 16, 1874. In this case — appeal 
 from assessment of damages for opening a street — on 25th June the corrected 
 statement and maps were returned to the Register in conformity with section 
 10, and appellant appealed on 5th August. 'Held by Brown, C. J., that the 
 appeal should have been taken within 30 days after such return had been 
 made to Register ; and that section 12 of this article did not enlarge the time 
 ten days ; that section 12 should be read as if the word "then" was inserted 
 after the word "prayed" in first line. Held also, that the question waj 
 jurisdictional, and that the city had a right to make the objection after this 
 case had been consolidated with others, and after the premises had been 
 viewed by the jury. Appeal dismissed. 
 
1004: Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 to be published within ten daj'^s after the expiration of the 
 time limited in section 12, for the payments of said 
 benefits, and the moneys so collected by the Collector shall 
 be paid over by him to the Mayor and City Council of Bal- 
 timore, as other moneys are directed to be paid over, and by 
 them to the persons entitled to receive the same. 
 
 Ibid, s 12. 14. In all cases in which the City Collector shall sell 
 
 Mode of sale, any property on account of the non-payment of assessments 
 made for the-opening, closing, widening or extension of any 
 street, lane or alley, it shall be his duty to sell said property 
 to the extent, and subject to the same conditions which are 
 provided by ordinance for the sale of real estate in the city 
 of Baltimore, charged with the payment of other taxes im- 
 posed by this corporation ; and in the event of the purchaser 
 or purchasers failing forthwith to comply with the terms of 
 Collector to re- Said salc, the Collector shall re-sell the same at the risk of 
 
 sell. 
 
 the former purchaser, giving not less than ten days' notice 
 
 in two of the daily newspapers of the city aforesaid ; and 
 
 ttetuinte after collecting the benefit assessments he shall forthwith re- 
 
 ComptroUer. i • i • • 
 
 turn the said commissioners' proceedings to the Comptroller. 
 
 Ibid, 8. 13. 15. The Collector, on receiving the full amount of the 
 
 Collector to ex- purcliasc moncy on such sale, shall execute a deed of con- 
 
 ecute deed of • n n ^ ^ 
 
 conveyance. vejancc lu 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 
 
 Purchase ncccssary expenses, he shall pay the balance of such pur- 
 
 chase money to the Mayor and City Council of Baltimore, 
 who 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. 
 
 Ibid, s. 14. 16. All sums of money assessed by the commissioners 
 
 Liens. aforesaid, upon property deemed by them to be benefited, 
 
 shall be and continue liens on each several piece of property^ 
 
Streets and City Commissioner. 1005 
 
 Article XLVII. — Ordinances. 
 
 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 
 commissioners to be entitled to damages for said opening, 
 without the consent, in writing, of the person or corporation 
 so entitled, until such damages shall be paid, or the amount 
 thereof invested in the city five per cent, stock, for the use when to invest 
 of each person or corporation entitled to any part of the cent, stock.''" 
 compensation for such damages, to the amount of his, her 
 or their respective right and interest therein, of which in- 
 vestment the Register's certificate, under the corporate seal 
 of the city, shall be competent proof. 
 
 17. Any person or persons not claiming title to any lot or jbid, .. 15. 
 piece of property upon which any sums shall be assessed, as Persons not 
 aforesaid, may pay the amount of the sum so assessed, within may"a°/amo"ant 
 
 - , _ , . of aasessment. 
 
 the time limited, to the Register of the City, and obtain his 
 certificate of having paid such sum without claiming title ceruacate. 
 to the property; and such payment shall vest in the person 
 or persons paying, his, her or their heirs, the lien on such 
 lot or property mentioned in section 16 of this ordinance. 
 
 18. If it should so happen that any one or more of said xbid, «. lo. 
 commissioners should be interested in any particular case, the Temporary 
 Mayor shall make a temporary appointment of a commissioner *^°'"""*'°"*"" 
 or commissioners, to act in the place and stead of such in- 
 terested commissioner or commissioners, who shall take the 
 
 oath or ajffirmatiou, as the case may be, and in all respects con- 
 duct himself as the commissioners who are annually appointed. 
 
 19. The said Commissioners for Opening Streets shall pro- ibid, s. is. 
 ceed to close all their work, notwithstanding they may not be Limit of time, 
 re-appointed, within six months from and after the expiration 
 
 of the time for which they were appointed by virtue of the 
 first section of this ordinance. 
 
1006 
 
 Streets and City Commissioneh. 
 
 Article XL VII. — Ordinances. 
 
 ibid.s. 19. 20. Whenever any lot, or part of a lot, or parcel of ground 
 
 Term of years, may be taken and included within the lines of any street, lane 
 or alley, or part thereof, and damages assessed therefor, and 
 there shall be an outstanding unexpired term of years therein, 
 the said commissioners shall discriminate in their proceedings 
 between the value of fee simple or ground rent interest, and 
 the leasehold interest. 
 
 No. 57, May 17, 
 '70. 
 
 Removals of 
 obstructions. 
 
 21. 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 Register of the City, it shall be the 
 duty of said commissioners, if then in office, and if not in 
 office, then it shall be the duty of the commissioners in office 
 at the time of such failure, 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 expen- suit for the recovery of said expenses to be instituted against 
 the person or persons by whose default the said obstruction 
 has been suifered to remain, and the same, when recovered, 
 shall be paid to the Register for the use of the city, and if 
 such removal be made by the commissioners in office for the 
 time being, it shall not be necessary for such commissioners, 
 prior to making such removal, to take any other oath than 
 that which they may have taken upon their appointment to 
 office. 
 
 No. 26, s. 21, 
 Apr. 3, '66. 
 Per diem to 
 be assessed. 
 
 22. In each case of laying out, opening, extending, widen- 
 ing, straightening or closing up, in whole or in part, any street, 
 square, lane or alley, under the provisions of this ordinance, 
 the said commissioners shall, for each and every day in which 
 they and their clerk shall be actually engaged in the perform- 
 ance of their duties, assess, as part of the expenses of their 
 proceedings, a per diem as to each of said commissioners and 
 their clerk, of four dollars, to be collected as other expenses 
 are, and to be paid to the Register for the use of the city. 
 
Steeets and City Commissionee. 1007 
 
 Article XLVIL — Ordinances. 
 
 23. The salary of each of said commissioners shall be iwa, s. 23 -, No. 
 
 ■^ _ 53, Aug. 7, '67. 
 
 twelve hundred dollars per annum, and that of their clerk saUries of com- 
 
 missioners and 
 
 twelve hundred dollars per annum, to be paid as other city ^lerk. 
 officers are paid ; the said payment to be in full satisfaction of 
 all compensation for the duties required of them. When tlie 
 proceedings in any case arising under this ordinance are trans- 
 ferred by the Register to the Collector, the Register is author- 
 ized and required to pay all the expenses incurred by the Expenses, 
 commissioners under the said proceedings. 
 
 24. The Commissioners for Opening Streets, so soon as they iwd, s. 23. 
 shall have completed their work on each street, shall deposit Booki and pa- 
 all papers and books relating thereto in the office of the Re- ppsited with 
 
 *^ ^ " Register 
 
 gister. 
 
 25. Whenever the owner or owners of the bed of any of iwd.s. 24; No. 
 
 ii X X 1 11 /. 1 • , .1 T^ 1 92, June 18, '59. 
 
 the streets, lanes or alleys or the city, as laid out on ropple- Deeds from 
 
 ton's plat, shall offer to convey the same to the corporation, my.' ° '*"'''' 
 
 it shall be the duty of the Mayor to obtain the opinion of the 
 
 Examiner of Titles in relation to the title to the property and Duty ofExami- 
 
 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 authorized 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 proviso. 
 
 for less than one whole square, and that the city shall not in- square. 
 
 cur any expense in receiving the same ; and that a plat setting put. 
 
 forth the location, together with the surrounding property, 
 
 to the extent of two hundred feet, shall accompany said 
 
 deed. 
 
 26. Whenever any street, lane or alley, or part thereof, iMd, s. 25. 
 shall be conveyed to the city, as provided in the preceding pubuc high- 
 section, the same shall be a public highway, subject to all or- ^"^ * 
 dinances and resolutions of the Mayor and City Council re- 
 luting to streets, lanes and alleys in the city of Baltimore. 
 
1008 
 
 Streets and City Commissioneb. 
 
 Article XLVII. — Ordinances. 
 
 Ibid, ». 26. 27. The Mayor and City Council of Baltimore will not 
 
 When petitions entertain any petition for or remonstrance against the open- 
 ing, widening, straightening or closing of any street, lane or 
 alley in the city of Baltimore, unless the signers of such poti- 
 
 or remonstran' 
 ces not enter 
 tained. 
 
 Location of pro- tioH Or remoustrance shall state the location of the property 
 
 perty. r r ./ 
 
 they represent, together with the number of front feet of the 
 
 same. 
 
 No. 44,s. 2, June 
 4, '74. 
 Permanent 
 grade lines. 
 
 Changes, 
 
 Record and re- 
 turn. 
 
 GRADES, GRADING, PAVING, ETC. 
 
 28. The City Commissioner may, on application in writing 
 of the owner of any property binding thereon, proceed to es- 
 tablish the permanent grade line or lines of any street, lane or 
 alley, or part thereof, now or hereafter to be marked, located, 
 widened or straightened or laid out upon the plan of the city, 
 and may also, from time to time, upon similar application, 
 make such changes in the grades of any unpaved streets, lanes 
 or alleys, or parts thereof, as he may deem advisable. He 
 shall keep in his office a record of such establishments or 
 changes, and shall also make a written return of the same to 
 the Register of the City, who shall record the same and preserve 
 the original in the files of his office, and shall also collect the cost 
 of such establishments or changes ef grade from the person or 
 persons making the application for the same.* 
 
 *This ordinance repealed Ordinance No. 74, June 3, 1870, entitled An 
 ordinance to add additional sections to Article 43, of City Code of '69, title 
 Streets, and Ordinance No. 78, June 14, 1870, entitled An ordinance to re- 
 peal sections 30, 31 and 39, of Article 43, of the City Code of '69, and re- 
 enact the same with amendments, and sections 27 to 49 inclusive, and 
 sections 61, 62, 63, 64 and 66 of Article 43, of the City Code of '69. 
 
 Certain paving was done in the city of Baltimore, and a tax therefor 
 assessed on the owners of adjacent lots in the years 1870 and 1871, after the 
 Act of 1870, c. 282, [repealed by 1874, c. 218,] and the city ordinance, No. 78, 
 June 14, 1870, [repealed by No. 44, June 4, 1874,] had been passed. A suit 
 to recover this tax was brought by the Mayor and City Council for the use of 
 C. H. and Son, contractors for the paving, on October 7, 1874, after the pas- 
 sage of the Act of 1874, c. 218, and the ordinance No. 44 of that year, which 
 ordinance unconditionally repealed section 35, of Article 43, of the City 
 Code of 1869. This section 35 made it the duty of the City Collector when 
 
Streets and City Commissioneb. 1009 
 
 Article XL VII. — Ordinances. 
 
 29. Before establishing such grade, or altering or changing ibid, s. s. 
 any grade heretofore, or that may be hereafter, established, the Notice of appii- 
 City Commissioner shall give five days' notice in three daily 
 
 papers of the application made, and that he will appear on the 
 premises, on the date to be named in said notice, for the pur- 
 pose of determining on such application. 
 
 30. The City Commissioner, with the approbation of the iwd, •. *. 
 Mayor, shall have full authority to grade, gravel, shell, pave Grading, pav- 
 or kerb any street, lane or alley, or part thereof, in the city of 
 Baltimore, whenever the owners of a majority of the feet of 
 ground binding on such street, lane, or alley, or part thereof, 
 
 shall apply for the same. 
 
 31. When the City Commissioner shall receive an appli- iwd, s. 6. 
 cation in writing to grade, gravel, shell, pave or kerb any Notice of appu- 
 
 j cation, tc. 
 
 street, lane or alley, or part thereof, as provided in the afore- 
 going section, it shall be his duty to give ten days' public 
 notice, by advertisement in three newspapers, of the fact of 
 such application, as also of the time and place when he in- 
 tends to act, for the purpose of determining on such applica- 
 tion. 
 
 32. After such application has been made, and the public iwd, s. c. 
 notice has been given, and the City Commissioner has deter- Notice for 
 mined to grade, gravel, shell, pave or kerb any street, lane or 
 alley, or part thereof, he shall give ten days' notice in three 
 
 required by any contractor having a claim for paving done by him, to com- 
 mence a suit on behalf of such contractor in the name of the Mayor and 
 City Council against any person liable to the tax assessed on his property 
 for such paving, Held : 
 
 1. That the said action did not depend upon said section 35, of Article 43. 
 
 2. That the Mayor and City Council had the right to maintain the action. 
 DashieU v. Mayor, (fee., 45 Md. 615. See this case as to discrepancies between 
 Ordinance No. 13, June 5, 1858, and Ordinance No. 78, June 14, 1870^ 
 which modified it, and the eflFect on the validity of the tax, of a bond given 
 by the contractors, under the ordinance of 1858 instead of that of 1870. 
 
1010 Stkeets and City Commissionee. 
 
 Article XL VII. — Ordinances. 
 
 newspapers, that proposals will be received for doing the same ; 
 the said proposals shall be opened in the Mayor's office, and 
 the contract shall be awarded to the lowest responsible bidder. 
 
 Ibid, s, 7. 33. A tenant for ninety-nine years, or for ninety-nine years 
 
 Who deemed renewable forever, or the executor or administrator of such 
 
 owners. i t <» • ,> 
 
 tenant, or the guardian oi an iniant owner, or a mortgagee m 
 possession, shall be deemed and taken as an owner for the pur- 
 poses of any application authorized by this ordinance, and the 
 application of any such person shall bind the property so re- 
 presented for any assessment or tax made under it. 
 
 Ibid, s. 8. 34. After the contract has been awarded, as provided in 
 
 Tax on owners, scction 32, the City Commissioner shall impose a tax upon the 
 owner or owners of property binding upon such street, lane or 
 alley, or part thereof, equal in amount to the whole expense 
 of the work, and for collecting the same, being three per 
 centum on the whole cost, except for cross streets ; and he 
 shall assess and lay the tax upon the owner or owners of prop- 
 erty on each side of said street, lane or alley, or part thereof, 
 of one-half of so much of said street, lane or alley, as may be 
 in front of such property, except for paving the portion re- 
 served for sidewalks, being one-fifth of the whole width on 
 Lien. ©ach sidc thereof; and the said tax shall be a lien upon such 
 
 property. 
 
 Ibid, 8. 9. 35. After the contract has been awarded to grade, gravel. 
 
 List of persons shcll, pavo Or kerb any street, lane or alley, or part thereof, 
 the City Commissioner shall make a correct list of the names 
 of the persons liable to pay the tax for the same, and the 
 amount to be paid by each person ; and he shall deliver to the 
 Duty of City City Collcctor a duplicate list of such, under his hand and seal. 
 Register. with directious for collecting the said tax, which shall be due 
 
 in sixty days after the completion of the work and its accept- 
 ance by the City Commissioner ; and the City Register, sixty 
 days after the acceptance of the work by the City Commis- 
 sioner, shall deliver to the contractor the city's note for the 
 
Streets and City Commissioner. 1011 
 
 Article XLVn. — Ordinances. 
 
 : M 
 
 amount, payable in twelve months after date, bearing interest 
 at six per centum per annum. The City Commissioner shall 
 correct any mistake in the warrant whenever he may be satis- 
 fied that any mistake has been made. 
 
 36. The City Collector is hereby directed to charge interest iMd, s. lo. 
 at the rate of six per centum per annum on all bills not paid interest, 
 when due, and is also directed to collect all such bills as other 
 
 city taxes are collected. 
 
 37. In all contracts for paving streets a provision shall be ibid.s. ii; No. 
 
 . , n 29, Apr. 22, '76. 
 
 incorporated for putting down nag or stepping stones across FUg and step- 
 all streets, lanes or alleys at their intersections with each other, 
 and all flag-stones to be hereafter used, shall consist of two 
 rows of gneiss, granite or other hard stone, two feet in width, 
 and not less than five inches in thickness, and shall be so laid 
 as that there shall be a space of one foot between said two 
 rows of flag-stones, which shall be paved with Belgian blocks, 
 and the City Commissioner shall conform to the requirements 
 of this section in all cases where flag-stones shall hereafter be 
 laid. 
 
 38. Streets, lanes or alleys, not more than twenty feet in no. 44. s. 12, 
 
 Juno 4 ^4 
 
 width, hereafter to be paved, may be paved without kerbstones, when streets, 
 provided the owners of a maioritv of the front feet binding pafed'wuilout 
 
 1 1 11 1 , ^ /-. kerbstones. 
 
 thereon shall assent to the same, and the City Commissioner proviso, 
 shall deem it advisable so to pave such street, lane or alley. 
 
 39. All streets, lanes or alleys, to be paved, shall be paved iwd, a. 13. 
 with rubble stone, or such other stone as the City Commissioner when streets, 
 shall consider suflBciently durable ; the stone to be not less than rab\)?e stone, 
 
 Stc. 
 
 sixteen square inches on the surface (except that part between 
 the kerb and gutter, which may be of such smaller size as di- 
 rected by the City Commissioner) and at least six inches in depth, 
 to be placed upright'in a bed of sharp sand or gravel, at least one 
 foot in depth ; and the interstices shall be fitted up with stone 
 of a size and quality to be prescribed by the City Commissioner ; 
 
1012 
 
 Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 Gutter stones. 
 
 Kerbstones. 
 
 all paving to be rammed twice with rammers weighing fully 
 eighty pounds ; gutter stones to be of good hard stone, not less 
 than ten inches in breadth, one foot long, and six inches in depth ; 
 the kerbstone to be not less than four and a half inches in 
 thickness, eighteen inches in depth and four feet in length, and 
 the edge, which is to be fitted to the sidewalk, shall be straight, 
 and leveled to the pitch of the footways, and the two ends shall 
 be made straight the whole depth, and the upper edge shall be 
 of equal thickness throughout ; provided that in paving streets, 
 lanes or alleys, not over twenty feet in width, the City Com- 
 missioner may, in his discretion, put the gutter in the centre 
 thereof, in which case the kerbstones to be used may be not less 
 than fifteen inches in depth ; and all kerbstones shall be set in 
 a bed of sharp sand or gravel as hereinbefore provided for the 
 paving ; and the contractor for paving any street, lane or alley, 
 shall give satisfactory security, to be approved by the Mayor, 
 to keep the said pavement in repair for two years after its 
 completion. 
 
 Proviso. 
 
 Security from 
 contractor. 
 
 Ibid, s. 14. 
 
 40. The City Commissioner, or his assistants, shall examine 
 City commis- all kerb, flag, and gutter stones intended to be used, previously 
 
 sioner and assis- 
 
 tantstoexam- to their being laid : and all such stone not conforming to the 
 
 me kerb, flag, » ' ° 
 
 paving, &c. provisious of this ordinance shall be condemned and rejected ; 
 and he shall also examine all paving before any sand has been 
 thrown on it, and if the same be not laid in a good and substan- 
 tial manner, and in accordance with the aforegoing provisions, 
 he shall cause the same to be taken up and repaved at the cost 
 of the contractor therefor ; and if any contractor shall set any 
 kerb, flag, or gutter stones, or cover any paving with sand previ- 
 ously to inspection by the commissioner or his assistant, he shall 
 
 Penalty sn con- forfeit and pay a fine of twenty dollars for each and every ofience. 
 
 Ibid, 8. 16. 41. The Mayor shall have full power, whenever he may 
 
 Petition by dccm it advisablc, to sign, on behalf of the city corporation, 
 
 Mayor for grad- j a j 
 
 ing, &c. any petition for the paving, grading, or kerbing of streets, lanes 
 
 or alleys, on which may front any property belonging to the city. 
 
Streets and City Commissioner. 1013 
 
 Article XLVIL — Ordinances. 
 
 42. Whenever any street, lane or alley, has been graded, ibid.s. le. 
 graveled, shelled, kerbed or paved, in pursuance of this ordi- Expense of 
 
 cross streets. 
 
 nance, the City Register shall pay the expense of the cross 
 streets, on the order of the City Commissioner. 
 
 43. The City Commissioner, with the approbation of the iwd, s. n. 
 Mayor, shall have full authority to re-grade, re-gravel, re- Regrading. *o. 
 shell, re-pave or re-kerb any street, lane or alley, or part 
 thereof, whenever the owners of a majority of the feet of 
 ground binding on such 8treet,lane or alley, or part thereof, 
 
 shall apply for the same, and the same modes of procedure, 
 notices, &c., shall be adopted as are hereinbefore prescribed 
 for grading, graveling, shelling, paving or kerbing streets, 
 lanes or alleys, except that one-third of the whole cost shall 
 be defrayed by the city, and two-thirds of the whole cost 
 shall be paid by the owners of the property binding thereon ; 
 and the proportion to be paid by the property holders shall 
 be a lien on their respective properties ; the whole expense of 
 the work on the cross streets to be defrayed by the city, on 
 the order of the City Commissioner. 
 
 44. The City Commissioner is hereby authorized to per- iwd, s. is. 
 mit any street, lane or alley, or part thereof, to be graded, private contract 
 graveled, shelled, paved or kerbed, under the private con- grading, io. 
 tract of the owners, whenever all the owners of property 
 binding thereon shall unite in an application in writing to 
 
 him for such permission; provided, that the contractor or pm-iso. 
 owners shall give bond, approved by the Mayor, that the Bond, 
 work shall be done in strict accordance with the terms of 
 this ordinance, and that he or they will keep it in repair for 
 two years after its completion. Any person or persons who 
 shall proceed to grade, gravel, shell, pave or kerb any street, 
 lane or alley, or part thereof, without first complying with 
 the terms of this section, shall be liable to a fine of one penalty, 
 hundred dollars for each and every day that he or they may 
 
1014 Streets and City Commissioner. 
 
 Article XLVIL — Ordinances. 
 
 be engaged in such work, the said fine to be collected as 
 other fines are collected. 
 
 No. 95, May 27, 45, All parties to whom contracts maybe awarded for 
 Bond from par- grading, korbing or paving streets, lanes or alleys in the 
 •contracts are q{Ij q{' Baltimore, shall be required to file, within ten days 
 from the date of such award, a satisfactory bond conditioned 
 for the commencement of the work within fifteen days there- 
 after, and for its continuous and faithful prosecution, except 
 when unavoidably interrupted by weather. 
 
 Ibid, s. 2. 46. Any contractor who shall fail to comply with the 
 
 whencontrac- tcrms of the preceding section of this ordinance, within 
 
 tor to forfeit all . • n t t tj r r ' -n t • ^ 
 
 claim to con- the time specified, shall lorieit all claim to the contract 
 
 tract. ^ ' 
 
 awarded him, and the proper officers of the city may at 
 once either award a contract for the same work to the next 
 lowest bidder therefor, or may re-advertise for proposals, 
 New award. and procecd as if no award had been made, as in their judg- 
 ment may be best for the interests of the city. 
 
 No.21, Apr. 5, 47. It shall be the duty of the Comptroller of the City, 
 What percent- and thc Register of the City, in settling bills against the 
 held from con- MayoT and City Council of Baltimore, on all contracts made 
 
 tractors, and for •' •' 
 
 how long. and entered into for the grading, paving and kerbing of 
 streets, lanes and alleys, to withhold from the contractors 
 for said work, ten per centum of the amount of their bills ; 
 said amount to be retained for the space of two years from 
 the date of settlement, in order to protect the corporation 
 against loss, by reason of the negligent performance of any 
 
 Guaranty. contract, and as a guaranty that the contractors will keep 
 the work performed by them in proper condition and repair 
 during the space of two years. 
 
 No. 13, s.39,R. 48. The City Commissioner, with the approbation of the 
 
 Contracts how Mayor, shall consummate all contracts with such person or 
 
 awarded. persous as shall have public work awarded them, pursuant 
 
 to Art. I, sub-title, City Contracts, [p. 62, &c., ante,'] when- 
 
Stbeets and City Commissionbb. 1015 
 
 Article XLVII. — Ordinances. 
 
 ever such awards have been made under advertisement issued 
 by him for proposals for such public work. 
 
 49. The City Commissioner shall have full power to grade ibid.s. 24. 
 and regulate the footways in all paved streets, lanes and alleys General regnia- 
 in the city of Baltimore, and all streets, lanes and alleys here- ing and paring 
 
 •' footways. 
 
 after to be paved, repaved or repaired, to the grade of five-eighths 
 of an inch ascent for every foot in width of such footways, from 
 the top of the curb stone to the line of the street, lane or alley 
 in which such footway may be paved, repaved or repaired, and 
 to regulate all gutters across said footways, which unless cover- 
 ed with wood, stone or brick, on a level with the surface of the 
 footways, shall not be deeper than three inches. 
 
 60. The City Commissioner is hereby authorized and direct- ibia, s. 25 
 ed, in all cases where the owner or owners of ground fronting Notice to own- 
 on any of the paved streets, lanes or alleys of the city, cannot whentobepub^ 
 be found at the time said footways are out of order, to cause to 
 be published in three or more of the daily papers having the 
 largest circulation published in the city of Baltimore, at least 
 five times, the locality and number of feet of such lot or lots 
 of ground, and notice of his intention to have the footways of 
 such lot or lots paved, repaved or repaired, as the case may be, 
 and in case said lot or lots shall not be paved, repaved or re- 
 paired within the time specified in said notice, said commissioner 
 shall have the footways of such lot or lots paved, repaved or 
 repaired, and shall hand over to the Collector his warrant, to be collector. 
 by him collected as herein provided. 
 
 51. The said City Commissioner shall cause notice of said ibia, s. 25. 
 order to be given to the proprietor or proprietors of the lot or Notice of order 
 lots in front of which a footway is required to be filled up, dug proprietors, 
 down, paved or repaved, in manner following, that is to say: 
 the said order, or a copy thereof, may be left at any house on 
 such lot, or served personally on the proprietor or proprietors, 
 or his, her or their tenant, agent or guardian, or left at his, her 
 
1016 Stbeets and City Commissioner. 
 
 Article XLIVI. — Ordinances. 
 
 or their residence, or a copy of such order may be published in 
 one or more of the newspapers of the city, not less than five 
 times, notice in any of which modes shall be deemed suf- 
 ficient. 
 
 Ibid, 8. 27. 52. If the proprietor or proprietors of any lot or lots front- 
 
 Proceedings in ing on any pavcd street, lane or alley, shall neglect or refuse to 
 or refusal. fiH up, dig dowu, pave or repair the footways in front of such lot 
 or lots, for the space of ten days after service of a printed or 
 written order, or copy thereof, in manner as aforesaid, to be 
 reckoned in case of publication in a newspaper from the first 
 publication, then the said City Commissioner shall be and he 
 is hereby authorized and directed to have the said footways 
 filled up, dug down, paved or repaved with brick, in a sufiicient 
 and substantial manner, or repaired in such manner as he, the 
 said City Commissioner, shall think proper, and a tax shall be 
 and he is hereby imposed upon each respective lot in front of 
 which the footways shall have been so filled up, dug down, 
 paved or repaired, equal to the expense of such filling up, dig- 
 ging down, paving or repairing, with an addition thereto of 
 three per cent, for the expense of collecting. 
 
 Ibid, s. 28. 53. The City Commissioner shall issue his warrant to the 
 
 Footway tax, collcctor, approved by the Mayor, for the collection of said tax, 
 
 how collected. ... /. , i 
 
 containing the names oi the person or persons who are to pay 
 such tax, and the amount to be paid by each, nevertheless cor- 
 recting any mistake in the said list as often as he may be sat- 
 isfied of the same, and the said tax shall be due immediately 
 on making out said warrant, which the said City Commissioner 
 may do as soon as he can ascertain the expense incurred, or 
 Lien. to bc incurrcd, and such tax shall be a lien upon all such 
 
 lots. 
 
 Ibid, 8. 29. 54. The said collector shall immediately collect the same by 
 
 May be collect- distress Or otherwise, giving sixty days' notice previously to 
 distress, and pay over the same to the Register. 
 
Streets and City Commissionee. 1017 
 
 Article XLVII. — Ordinances. 
 
 55. The City Commissioner is hereby anthorized, with the iwd.s. 30. 
 approbation of the Mayor, to draw on the Register of the City, Register to pay 
 
 ^^ » , , "^ inlnticlpation. 
 
 in anticipation of such tax, tor such sum or sums of money as 
 may be necessary to fill up, dig down, pave or repair any such 
 
 footways. 
 
 56. If any person or persons shall neglect or refuse to fill iMd.s. si. 
 up, dig down, pave or repave any footway in front of his, penalty for re- 
 her or their lot or lots, when required so to do by the City 
 Commissioner, in the manner hereinbefore provided, such 
 
 person or persons shall forfeit and pay twenty-five cents per 
 front foot every day such person or persons shall refuse or 
 neglect to fill up, dig down, pave or repave as aforesaid, as 
 a fine for such neglect or refusal ; and it shall be the duty 
 of the City Commissioner, when he issues his warrant for 
 the said tax, to take the necessary steps for enforcing the 
 said fine. 
 
 57. It shall be the duty of the City Commissioner, iniMd.s.ai 
 conjunction with the Marshal of Police, biennially to inspect Footways, *c., 
 all the footways, flag and stepping stones within the cor- biennially, 
 porate limits of the city, and cause the same (where requir- 
 ed) to be immediately repaved or repaired, in conformity to 
 
 the provisions of sections 49, 50, 52, 56 and 60, of this ordi- 
 nance. 
 
 58. It shall not be lawful for any person or persons to iwa, s. ss. 
 pave any of the footways binding on any of the streets. Footways, how 
 
 to be paved 
 
 lanes or alleys of the city of Baltimore with stone, unless with stone, 
 the same shall be put down with good and sufficient flag 
 stones, parallel with the kerbstone on said street, lane or 
 alley, under a penalty of one dollar for every front foot. 
 
 59. The Mayor is hereby authorized to extend the time iwd, s. 34. 
 of bonds for paving or repaving the streets, lanes or alleys, Paving bonds 
 upon his being assured by the City Commissioner that the «'^ ^^ Mayor. 
 
1018 
 
 Streets and City Commissionbe. 
 
 Article XL VII. — Ordinances. 
 
 work cannot be completed consistently with the public in- 
 terests within the time limited in the bonds. 
 
 Footways. 
 
 Pavements of 
 brick. 
 
 No. 71, July 13, 60. The City Commissioner is authorized to direct and 
 
 '68. ... 
 
 Notice to own- rcquirc by Written or printed order, the proprietor or pro- 
 
 ers . 
 
 prietors of any lot or lots fronting on any of the paved 
 streets, lanes or alleys of the city, to fill up, or dig down to 
 the proper grade, or to pave or repair the footways in front 
 of such lot or lots, with a good and sufficient brick pave- 
 ment, on a bed of good sharp sand, not less than six inches 
 deep, within ten days after notice of such order ; the said 
 footways in front of unimproved lots to be paved with good 
 and substantial brick four feet from the kerbstone, and all 
 the thoroughfares or business streets of the city shall be 
 paved to the building line, if thought requisite by the City 
 Commissioner, and in case of refusal or neglect by the pro- 
 prietor or proprietors of any lot or lots of ground to comply 
 with the requirements of the said commissioner, the owner 
 or owners of said lot or lots of ground shall be subject to a 
 fine of ten dollars for each and every day such notice or 
 order shall remain uncomplied with, to be recovered as other 
 fines and forfeitures are recoverable. 
 
 Fine. 
 
 No. 66, Oct. 19, 61. Whenever application shall be made to the City 
 Nicholson or Commissioner to have paved or repaved any street, lane or 
 ment. alley of the city of Baltimore, or whenever said paving or 
 
 repaving shall be done by virtue of an ordinance of the 
 Mayor and City Council of Baltimore, it shall be optional 
 with the owners of a majority of the front feet of ground 
 binding upon said street, lane or alley, whether the said 
 paving or repaving shall be with stone, or what is known as 
 the Nicholson, or any other improved pavement; and pro- 
 vided further, that when any paving or repaving is to be 
 done in front of any property owned by the corporation of 
 the city of Baltimore, the Mayor, Comptroller and City 
 
 Owners to 
 choose their 
 paving. 
 
 Prorito. 
 
Streets and Oitt Commissioner. 1019 
 
 Article XLVII. — Ordinances. 
 
 Commissioner shall decide whether it shall he paved with 
 stone or any improved pavement. 
 
 REPAIRING, MENDING, &c., STREETS AND BRIDGES. 
 
 62. There shall he appointed, annually, as other city no. «, a. i, Feb. 
 officers are now appointed, one City Commissioner, who Appointment of 
 shall attend daily at his office, and there shall also he ap- sionerand as- 
 
 . . . . sistant. 
 
 pointed annually one Assistant City Commissioner, who shall to atte«d office 
 be under the direction of the said City Commissioner, and Assistant city 
 
 1 .. /'IT •• I'j 1111. Commissioner. 
 
 the entire time oi both commissioner and assistant shall be 
 devoted personally to the interests of the corporation, and Not to b« en- 
 should it be ascertained that either of the aforesaid officers nected with 
 
 other business. 
 
 is engaged or connected with any business or pursuit other 
 than that appertaining to his official duties, it shall be 
 deemed good and sufficient cause for his or their removal by Removal, 
 the Mayor. 
 
 63. Said commissioner and assistant commissioner, be- iwd.s, 6; no. 
 fore entering upon the duties of their several offices, shall no. 4. Feb.' s, 
 
 , , . . ' . '65; No. 37, May 
 
 severally give bond with security for the faithful perform- 6, '68. 
 ance of their duties, the commissioner in the penal sum of Bond of com- 
 ten thousand dollars, and the assistant in the sum of five of assistant, 
 thousand dollars, and there shall be appropriated, annually, 
 the sum of three thousand dollars for the salary of the City salary. 
 Commissioner, payable monthly, and for the salary of the 
 Assistant Commissioner, fifteen hundred dollars, payable 
 monthly. 
 
 64. Itshallbethedutyof the Assistant City Commissioner ibid,s.4. 
 
 to attend to all duties that may be required of him by the Duties of assIs- 
 City Commissioner, and before any repairs of paved streets missioner. 
 are proceeded with, the said City Commissioner shall have 
 correctly measured the work to be done, and the clerk to the wort to be cor- 
 City Commissioner shall keep a record of such measurement. Record, 
 and the payments shall be made in accordance therewith. 
 
1020 Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 No. 112, June 65. There shall be annually appointed by the Mayor, to be 
 Two additional Confirmed by the City Council, two additional assistants to the 
 
 assistants. _ . 
 
 Salaries, City Commissioner, at a salary of fifteen hundred dollars each 
 
 per annum. 
 
 Ibid, 8. 2. Q6. It shall be the duty of said assistants to inspect daily, 
 
 Duty of last uudor the direction of the City Commissioner, all grading, 
 
 named assist- . i i i • /. i n • ^ i 
 
 ants. paving and kerbing of streets, lanes or alleys, or repairs oi the 
 
 same that may be in progress, and to measure all repairs that 
 may be made to the same, and to superintend and inspect any 
 other work that the City Commissioner may direct. 
 
 No. 6, s. 9, Feb. 67. Thcro shall be ap)pointed by the Citv Commissioner a 
 
 14, '63; ^o. 23, . . " . , n , ,.p 
 
 Mar. 19, '64; No. clerk to said commissioner, whose compensation shall be nf- 
 
 53, Aug. 7, '67; ^ 
 
 No- 37, May^e, tecD hundrcd dollars a year, payable monthly, and who shall 
 ^' '^' keep a fair journal of all proceedings in the office, as far as 
 
 Salary. they may relate to the condemnation, grading or leveling of 
 
 Journal. the strects, lanes and alleys, and the establishment of boun- 
 
 daries or the making and repairing of sewers, and the build- 
 Return to Reg- iug and repairing of bridges, and shall return them, under the 
 hand and seal of the commissioner, at least once in every 
 three months, to the Register of the City, to be by him record- 
 Bids for work, ed and filed in his ofiice ; and he shall carefully preserve all 
 Papers. bids for work to be done, and all papers belonging to persons 
 
 having business with the City Commissioner's office. 
 
 Ibid, 8, 2; No. 68. The department of the City Commissioner shall include 
 
 52, May 7, '68. ,,,,-,, , , ,. 
 
 Leveling, grad- the leveling, grading, makmg, mending or repairing the 
 
 ing, mending, i i . i i • • i 
 
 &c., streets, &c. streets, lanes, alJeys and bridges, and contracting with any 
 Contracts. how pcrsou for materials for the purpose aforesaid, said contracts 
 having been approved by the Mayor, Register and Comptroller 
 of the City, and with as many workmen as he may judge neces- 
 sary to be employed from time to time in and about the same. 
 
 Ibid, 8. 3. 69. All moneys appropriated for the department of the 
 
 Money expend- City Commissioner shall be expended under his direction, and ; 
 
 paid by the Register to his order, when approved by the Mayor, ' 
 
 on the certificate of the Comptroller. 
 
Streets and Citt Commissioner. 1021 
 
 Article XL VII. — Ordinances. 
 
 70. It shall be the duty of the City Commissioner, annually, ibid, s. 6. 
 
 to lay before the City Council, in the first week of the annual Report to city 
 
 1. • 1 /.I Council. 
 
 session, a report of his proceedings, with an abstract of the 
 expenditures of the office, signed by him. 
 
 71. It shall be the duty of the City Commissioner, in mak- iwd, s. 7. 
 ing his annual report to the Mayor and City Council, to fur- statement of 
 nish a statement of the several streets, lanes and alleys, or paved irrepar- 
 
 ' * ' ed. 
 
 parts thereof, that haye been payed or repaved during the year, ^ 
 
 together with the names of the contractors, the number of contractors, 
 square feet and the sum per square foot paid for paving or 
 repaving, as the case may be, and to state explicitly whether 
 all the provisions of the ordinances relating to paving and 
 repaving, and the duties required of the City Commissioner, 
 have been complied with. 
 
 72. All warrants and other documents issued by the City ibid, s. s. 
 Commissioner, or connected with his department, shall be Heading of doc- 
 headed : " City Commissioner's office." 
 
 73. The City Commissioner shall have full power and au- No.e.s. lo.Feb. 
 thority, and he is hereby authorized and required, when ap- city commis- 
 
 ,. J , ... • J _e sioner to fix 
 
 plied to by any person requiring the same, to ascertain and iix lines or streets, 
 the lines of any of the streets, lanes and alleys, or any boun- Boundaries of 
 dary of any of the lots within said city, and having so fixed 
 and established the same, to put up stones or landmarks, to be Landmarks, 
 provided for that purpose by the person or persons requiring 
 the same to be done at any pljice or spot so established by him, 
 and to make return, in writing, of snch establishment, with Return to Ke 
 the proper description thereof, under his hand and seal, to the 
 Register, who shall immediately record the same in a book to 
 be provided for that purpose, and shall file and keep the origi- 
 nal record or paper, so returned as aforesaid, in his office. 
 
 74. No owner or owners of any lot in the city shall dig or ibid, s. ii. 
 lay the foundation of any house in front of any street, lane or Lines of streeu 
 
 " in laying foun- 
 
 alley, or erect any wall or fence fronting thereon, before he, Nations of 
 
1022 Streets and City Commissioner. 
 
 Article XLVII. — Ordinances. 
 
 she or they shall have applied to the City Commissioner to 
 make out the true line of such street, lane or alley, unless the 
 corners of the square upon which such improvement is to be 
 made have been duly established, and said commissioner, so 
 Duty of City applied to, is hereby authorized and required to see that such 
 
 Commissioner. ... 
 
 foundation, building, house or wall does not and shall not en- 
 croach upon the highway, and said commissioner shall have a 
 right to employ, if he deems it necessary, on every such occa- 
 
 city Surveyor, siou, the City Surveyor, at the cost of such owner or owners. 
 Every person so neglecting to apply, as aforesaid, shall forfeit 
 
 Penalty. and pay five dollars, and a like sum for each and every day 
 
 such directions are not complied with.* 
 
 Ibid, s. 13. 75. If any person or persons shall think him, her or them- 
 
 Appeai to May. sclvcs aggrieved by the determination of the said commis- 
 mination of sioucr, lu fixing the lines of any street, lane or alley, or the 
 
 CityCommis- ' ° ^ 
 
 sioner. bouudary of any lot, or in fixing the grade of streets, lanes, 
 
 and alleys, in such case every such person or persons may, 
 within five days next after such determination, appeal from the 
 Commission to samc to the Mayor, who shall thereupon issue a warrant sum- 
 persons, moning five disinterested persons of known ability and discre- 
 compensation. tiou, whosc compensation shall be two dollars per day each, 
 (the determination of whom, or a majority of whom, shall be 
 final,) to settle all matters of dispute within ten days there- 
 Return of award after, and return their award, in writing, to the Register, to be 
 eg 8 er. ^^ j^.^ rccordcd ; and before the persons appointed under 
 such warrant shall proceed to the execution of their duties, 
 Oath. they shall make oath or affirmation that they will impartially 
 examine the proceedings of the said commissioner from which 
 an appeal is prayed, and confirm or alter the same as in their 
 opinion is just, without favor or partiality ; and the said per- 
 sons shall receive from the said commissioner all documents 
 and information which influenced and directed him in said 
 determination, from which the appeal is made. 
 
 * For party walls and partition fences, see p. 123, ante. 
 
Streets and City Commissioner. 1023 
 
 Article XL VII. — Ordinances. 
 
 76. When any person or persons shall appeal from the de- ibid, s. 14. 
 termination of the City Commissioner, it shall not be lawful Duty of Mayor. 
 for the Mayor to grant the said appeal and issue the warrant 
 
 herein mentioned, unless the person or persons so appealing 
 
 shall enter into an obligation to the Mayor and City Council Bond for expen. 
 
 of Baltimore, and file the same with the Register, binding 
 
 him, her or themselves to pay to the Mayor and City Council 
 
 of Baltimore all the expenses which may be incurred in the 
 
 said appeal, should the same be not sustained. 
 
 77. The City Commissioner, with the approbation of the iwd, a. is. 
 Mayor, shall fix and ascertain the said expenses, which shall be how expenses 
 
 ascertained • 
 
 paid to the Register, and by him to the person or persons em- 
 ployed to decide the appeal. 
 
 78. The City Commissioner shall have full power and au- iwd, «. le. 
 
 thority to enter upon the lots of ground or possessions of any power to enter 
 
 , 11.11 i°'* "^ posses- 
 
 person or persons, or bodies corporate, through which the com- sions. 
 
 mon sewers now or may hereafter run, to regulate or repair the sewers. 
 
 same.* 
 
 79. The City Commissioner is hereby directed whenever ibid, s. ir. 
 any of the bridges within the city stand in need of repairs, to Bridges, 
 mend and repair the same as he, with the approbation of the 
 Mayor, may think fit. 
 
 80- If any person or persons shall cut, break, dig down, in- ibid,t.i9. 
 jure or destroy any abutment, bank, mound or other public injuring or de- 
 
 stroying abut- 
 
 work erected or constructed by or under the orders of the City ment, mound, 
 Commissioner, every person so ofiending shall forfeit and pay 
 a sum not exceeding two hundred dollars, and moreover, shall Penalty, 
 be liable to pay the expenses of repairing the injury. 
 
 81. The City Commissioner is authorized to place flag and iwd, s. ai. 
 stepping stones whenever and wherever the convenience and Placing flag and 
 
 •j. jy 1.1, uv • .1 stepping stones. 
 
 necessity 01 the public may require the same, upon proper ap- 
 plication being made to him. 
 
 See Art. XLIV, Sewers. 
 
1024 Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 No. 83, Nov. 7, 82. The City Commissioner is hereby authorized, upon the 
 
 '68. ^ 
 
 Repairing and application of the owners of a majority of the front feet on 
 
 cleaning private . i /» i i n ^ j.1. 
 
 wharires, doci£s, any private whari, dock, street, lane or alley, to cause tne same 
 to be thoroughly repaired and cleaned, and to assess and collect 
 from the owners of the property a tax sufficient to defray the 
 expense of the same in the manner prescribed by law. 
 
 No.97, Oct. 8, 83. The City Commissioner, when engaged in repairing 
 Trenches made strects, laucs and alleys, shall repair the same over the trenches 
 
 by gas compan- tii i . in i j. i? j.\ 
 
 ie». made by the several gas companies, and collect the cost oi the 
 
 work from the companies over whose pipes the repairs shall 
 have been made. 
 
 LAMPS AND GAS. 
 
 No. 100, Oct. 23, 84. The General Superintendent of Lamps and Inspec- 
 
 1878; No. 8, s. . 
 
 2, Feb. 29, '68; toT and Scalcr of Meters, with the approbation of the Mayor, 
 Feb. 14, '63. shall make all contracts for the construction, erection, re- 
 Lamps and pii-pair or removal of all street lamps and lamp pillars. The 
 No. 104, Oct. 14, said Superintendent of Lamps is directed to have pillars and 
 
 '72. . . 
 
 Pillars and gas gas lamps placcd at two corners of every intersection of 
 
 corners of inter- streets, and midway in the squares between streets, at a dis- 
 section of 
 streets, and tauco of not ovcr One hundred and seventy-five feet : provi- 
 
 midway in ./ > i 
 
 tweSreets. dcd the gas maius are laid and the streets paved or contract- 
 Proviso. g(j ^Q ]3e paved. 
 
 Ibid, 8. 3. 85. The Register of the City is hereby authorized and 
 
 Register to pay. directed to pay upon the order of the said superintendent, 
 
 approved by the Mayor, for any work done by virtue of the 
 
 preceding two sections. 
 
 No. 66, May, 13, 86. The Said superintendent is hereby authorized and di- 
 The name of rcctcd to havc the namcs of the streets painted on frosted 
 lamps. glass, set in a tin frame, and placed inside of all the lamps 
 
 at the corners of streets throughout the city. 
 
 ibid.s. 3. 87. When a new lamp shall be erected on the corner of 
 
 New lamps. any strccts, the said superintendent shall have the names of 
 
 names of streets i i • n • i -l 
 
 on- the streets placed inside the lamp, m accordance with the 
 
Streets and Cttt Commissioner. 1025 
 
 Article XL VII. — Ordinances. 
 
 above section ; the cost of the same to be taken out of the 
 annual appropriation for pillars and lamps. 
 
 88. If any person or persons shall injure or destroy any no. 84, Sept. is, 
 lamp post, pillar or lamp, or any other public property of Destroying 
 
 lamp posts, 
 
 any kind, he or they shall forfeit and pay a sum not exceed- iamps,&c., city 
 
 *' *' ^ '' property. 
 
 ing ten nor less than five dollars, and also pay the expense Penalty, 
 of renewing or repairing the same. 
 
 89. It shall and may be lawful for any person to erect a no. 83,8.84, 
 lamp or lamps opposite his or her house, with such lettering Private lamps 
 and device as such person may think proper, in a line with 
 
 those erected by the city, near the kerbstones ; provided, ProTiaos. 
 said lamps shall not be less in size than those erected by the 
 city, and shall be erected in the same manner and of the same 
 materials as those now used by the corporation for burning 
 gas ; and provided, also, that the glass of said lamps shall 
 not be colored or darkened more than is necessary to place 
 therein the lettering or device aforesaid ; and any person 
 erecting a lamp, except in conformity to the provisions herein 
 contained, shall be subject to a fine not exceeding two dollars, penalty, 
 and a further sum of two dollars for every day the same shall 
 be permitted to remain. 
 
 90. It shall not be lawful for any person, other than such no, e, Feb, 21, 
 persons as are legally authorized for that purpose^ to light LiKhting or ex- 
 or extinguish any of the public lamps of the city of Balti- public lamps, 
 more ; and every person violating the provisions of this or- 
 dinance shall forfeit and pay the sum of five dollars for each Penalty. 
 and every ofience ; to be recovered as other penalties for vio- 
 lating city ordinances are recoverable. 
 
 SUPERINTENDENTS OF LAMPS AND LAMPLIGHTERS. 
 
 91. There shall be appointed annually, prior to the first no. 100, oct. 23, 
 
 '78; No. 21,8.1, 
 
 of March, by the Mayor, four superintendents of lamps, one sept is, '|i; no. 
 of whom shall be assigned by the Mayor for the eastern, mid- 
 
1026 
 
 Streets and City Commissionek. 
 
 Article XL VII. — Ordinances. 
 
 No. 4, Feb. 16, 
 '66 ; No. 66, May 
 30, '66; No. 30, 
 '66 ; No. 1, Dec. 
 17, '62; Res. No. 
 121, Apr. 13, '69; 
 Res. No. 208, Ju- 
 ly 9, '69; No. 17, 
 Mar. 6, '70 ; No. 
 64, May 2, '71 ; 
 No. 22, Apr. 8, 
 '73 ; No. 7, Keb. 
 19, '74 ; No. 43, 
 June 14, '74; No. 
 
 14, Mar. 1, '71; 
 No. 42, Apr. 21, 
 '73; No. 59, June 
 
 15, '74 ; No. 34, 
 Mar. 23, '71; No. 
 
 16, Apr. 4, '73; 
 No. 27, Feb. 10, 
 '70; No. 1, Dec. 
 16, '72; No. 10, 
 Jan. 23, '75; No. 
 19, Feb. 15, '75. 
 Appointment by 
 Mayor. 
 Duties. 
 Mayor to ap- 
 point lamp- 
 lighters. 
 
 die, western and southern districts respectively, and who 
 shall superintend the lighting and cleaning of the city 
 lamps, and keeping the same in repair, under the supervis- 
 ion and direction of the G-eneral Superintendent of Lamps 
 and Inspector and Sealer of Gas Meters ;* and the Mayor 
 shall annually, prior to the first of March, appoint 97 lamp- 
 lighters, who shall be assigned by the superintendents to 
 their respective beats, and they shall light, extinguish, 
 attend to, and clean the city lamps when required, and it 
 shall be the duty of the Greneral Superintendent of Lamps 
 to prepare and have printed on cards, by the twentieth of 
 each month, the hours when the city lamps shall be lighted 
 and extinguished for the ensuing month, one of which cards 
 shall be furnished to each captain, lieutenant and sergeant of 
 police, and to the superintendents of lamps, and it shall be the 
 duty of said superintendents to instruct the lamp-lighters as 
 to the hours when they shall light and extinguish the lamps ; 
 the captains, lieutenants and sergeants of police shall report 
 
 * Gas. — See Ordinance No. 100, Oct. 23, 1878, entitled An ordinance to 
 change the title of the Inspector and Sealer of Gas Meters, prescribing addi- 
 tional duties, and fixing his compensation. This ordinance imposes on the 
 General Superintendent of Lamps and Inspector and Sealer of Gas Meters 
 the duties of the oflQce of Inspector and Sealer of Gas Meters, prescribed by 
 Article XVIII, p. 517, &c., ante, in addition to other duties in that 
 connection. The Gas Light Company of Baltimore was incorporated 
 by Act of 1816, c. 251, and the first contract made with the company for 
 lighting the city was by ordinance of June 17, 1816. The Act of incorpo- 
 ration was amended by Act of 1860, c. 195. The People's Gas Light Com- 
 pany of Baltimore City was incorporated by 1860, c. 291, and 1870, c. 52, and 
 the Consumers' Gas Light Company by 1876, c. 30, also under the general 
 incorporation law. As to obligation of Gas Company to supply gas to indi- 
 viduals, see Gas Co. v. Colliday, 25 Md. 1. 
 
 In City Court, Nov. 27, 1874, held by Brown, C. J., — where a man had gas 
 brought to his stall in the market and paid the gas company for all the gas 
 that came through the pipes ; and he allowed another for a monthly sum to 
 tap the pipes and use the gas at an adjoining stall ; and when the gas was not 
 paid for he shut it off and was sued by the renter — that, as the contract for 
 payment was not fulfilled by the renter, the first party had a right to shut 
 oflT the gas. 
 
I 
 
 Stbeets and City Commissioneb. 1027 
 
 Article XL VII. — Ordinances. 
 
 to the Mayor all failures to light and extinguish the lamps at 
 the proper time in their respective beats, and in all cases 
 where the lamps shall be broken, and not promptly repaired, 
 the Mayor shall have power to suspend or remove for neglect 
 of duty, as in his judgment the case may require ; and the 
 said superintendents of lamps shall report to the said General 
 Superintendent at such times as he may require, the condi- 
 tion of the lamps and the transactions of the lamplighters. 
 
 92. The General Superintendent of Lamps is authorized Res. no. 212, 
 
 . Oct. 22, »64. 
 
 to have the street or public lamps lighted each and every ught on sun- 
 Sunday night for such number of hours as he may deem 
 necessary to light the city. 
 
 93. The salary of the superintendents of lamps shall be no. 13, Mar. 10, 
 
 •/•IT '64; No.ei.May 
 
 ten dollars per week, and the compensation 01 the lamp- 26, »?; no. 16, 
 
 I ' r r Feb. 28, '71; No. 
 
 lighters shall be eight dollars per week. ^' ^*'"- ^^' '"• 
 
 ° o ^ Lamplighters' 
 
 salary. 
 
 PERMITS. 
 
 94. No carter or other person shall dig, remove or carry no. 33,8. 21, r. 
 away from or out of any of the unpaved streets, lanes or Earth, stc. not 
 alleys of the city, any dirt, earth, sand or gravel, without a from unpaved 
 
 •IT i! 11 11- i/» Streets without 
 
 special license first had and obtained from the City Commis- permission, 
 sioner, with the approbation of the Mayor, for that purpose, 
 specifying the time when and place from which the same is 
 to be removed, under the penalty of one dollar for every load penalty. 
 of dirt, earth, sand or gravel so removed. 
 
 95. No person or persons shall make, dig or throw up ibid, 8.22. 
 any drain, trench, gully, gutter or canal, in, through, along Ditches, &c.. 
 or across any of the streets, lanes or alleys of the city, with- Tn'ia^es or^ai^- 
 
 , . , , . . leys without 
 
 out a special license or permission in writing for that pur- permission, 
 pose first had and obtained from the City Commissioner, 
 specifying the time when and place where the same is to be 
 done, and such conditions as he mav think necessary, under 
 
1028 Stkebts and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 Penalty. a penalty of ten dollars, if the same shall not he done in 
 
 strict accordance with said permission, and the street, lane 
 or alley kept in good repair as therein required, and the like 
 sum weekly until the same he removed, or permission re- 
 ceived and complied with as ahove required. 
 
 VAULTS, AREAS AND CELLARS. 
 
 No. 14, s. i,R. 96. The City Commissioner shall have power, with the 
 cityCommis- approbation of the Mayor, to give permission to construct 
 permission to any vault or area in the streets ; provided, in his opinion no 
 
 construct. ... ? r 7 r 
 
 Proviso. injury will be done to the public thereby. 
 
 ibid.s. 2. . 97. No person shall cause or procure any vault or area to 
 penaityforcon.be constructed or made in any of the streets, lanes or alleys 
 
 structing with- „ . . . . 
 
 out written per- of the City, without the Written permission of the City Com- 
 mission. •' ' r •/ 
 
 missioner, approved by the Mayor, under the penalty of 
 twenty dollars, and ten dollars for each and every day the 
 same shall remain. 
 
 Ibid, s. 3. 98. Every application for permission to erect such vault 
 
 Application, or area shall be in writing, signed by the person making 
 
 bow to be made 
 
 the same, and shall state the number of square feet of ground 
 which is required for the same, and the intended width and 
 length of the same. 
 
 Ibid, 8. 4. 99. After obtaining permission to construct or make such 
 
 Payment to vault or area, and previous to the commencement thereof, 
 
 egiB er. ^^^ person so applying shall forthwith pay to the Kegister of 
 
 the City the sum of twenty cents for each square foot of 
 
 ground mentioned as required for such vault or area, under 
 
 a penalty of twenty dollars. 
 
 Ibid, 8. 5, too. If it shall appear, by such certificate or otherwise, that 
 
 Penalty when such vault Or area occupies a greater number of square feet 
 feet exceeds the than shall have been paid for as aforesaid, the owner of such 
 
 numberpaidfor _ 
 
 vault or area, and the master builder by whom or under whose 
 
StBBBTS AMD CiTT COMMISSIONER. 1029 
 
 Article XLVII. — Ordinances. 
 
 direction such vault or area shall be constructed, shall, in ad- 
 dition to the penalty imposed by section 97, severally and 
 respectively forfeit and pay the sura of fifty cents for each square 
 foot of ground occupied by said vault or area over and above 
 the number of square feet paid for as aforesaid. 
 
 101. All vaults and areas shall be completed and theiwd.s. 6. 
 ground closed over them within three weeks after they are com- to be compie- 
 
 ° •' ted within three 
 
 raenced, under the penalty of five dollars for every day there- weeks, 
 after during which the same shall remain unclosed, to be 
 recovered from the owner or builder of the same, severally and 
 respectively, unless the Mayor extends the time for the com- proviso, 
 pletion of the same, which he is hereby authorized to do in cases 
 where he may deem the same necessary and expedient. 
 
 102.- No area in front of any building in the city shall ex- ibid,8.7. 
 tend more than one-fifteenth part of the width of any street, Extent of areav 
 nor in any case more than four feet and four inches, measuring 
 from the inner wall of such area to the building ; nor shall the 
 railing of such area be placed more than six inches from the 
 inside of the coping on the wall of such area, and no vault 
 shall extend to a greater distance than two-fifths of the width 
 of any street, measuring from the building line, under the 
 penalty of twenty dollars, to be recovered from the owner and 
 builder thereof, severally and respectively. 
 
 103. Every area shall be enclosed with a railing, the gates iwd, s. 8. 
 of which shall be so constructed as to open inwardly, under Areas to be en- 
 
 closed. 
 
 the penalty of twenty dollars for each oflence, to be recovered 
 from the owner and builder thereof, severally and respectively ; 
 provided, however, that nothing in this ordinance shall be so proviso, 
 construed as to prevent any person or persons from using the 
 footways for ingress and egress by means of an area into the 
 basement of any building.* 
 
 * An area intended to furnish light to the basement of a house, opened in 
 the pavement of a public street in a populous city, is a. public nuisance of a 
 
1030 
 
 Streets and Oitt Commissionee. 
 
 Article XL VII. — Ordinances. 
 
 Ibid, 8. 9. 104. Every description of opening below the surface of the 
 
 What consti- street, in front of any shop, store, house or other building, 
 
 tutes vaults and 
 
 areas. whether covered or open, except cellar doorways and cellar steps, 
 
 shall be considered and held to be a vault or area within the 
 meaning of this ordinance. 
 
 Ibid, B. 10. 
 
 Entrances to 
 cellars to be 
 covered when 
 not in use. 
 
 Penalty. 
 
 105. All entrances to the cellars or basements of any store 
 or dwelling house, in any street, lane or alley of the city, which 
 have steps descending below the level of the sidewalk, shall be 
 covered when not in actual use with good and sufficient iron 
 or wooden doors or grates, on or above the level of the sidewalk, 
 or be surrounded with good and sufficient wood or iron railings, 
 of a height sufficient to prevent danger to the lives or limbs of 
 persons who may be passing along said street, lane or alley, and 
 any person violating this section shall pay a fine of ten dol- 
 lars for each and every offence, and a further fine of five 
 dollars for every ten days such entrance shall remain with- 
 out such door or railing, after the first conviction. 
 
 106. All cellar doors shall have the cheeks thereof re- 
 gulated, so that they shall not have a greater descent of 
 grade than one inch and a half for each foot in length, ex- 
 tending from the house or building ; and if any person shall 
 refuse or neglect to conform thereto, he shall forfeit and pay 
 the sum of five dollars, and one dollar for every day there- 
 after, until the aforesaid regulation is conformed to. 
 
 Ibid, s. 12. 107. It shall be the duty of the police officers to give in- 
 
 Duty of police, formation to the Mayor and City Commissioner, whenever 
 any vault or area is being constructed in any of the streets 
 of the city, within their respective districts. 
 
 Ibid. 8. 11. 
 
 Cellar doors, 
 how to be con- 
 structed. 
 
 dangerous character, which the owner of the house when it was erected, and 
 all subsequent purchasers, are bound to render secure. Irwin v. Sprigg, 6 Gill, 
 200. 
 
Stbeets and City Commissioner. 1031 
 
 Article XLVn. — Ordinances. 
 
 1 08. All such vaults shall be constructed of stone or brick, iwa, ». 13. 
 agreeably to the directions of the City Commissioner, under vaults, how to 
 
 be covered . 
 
 the penalty of twenty dollars for each and every offence, and 
 the i'urther penalty of twenty dollars during each and every Penalty, 
 month, until the same shall be constructed according to the 
 provisions of this ordinance, to be paid by the person or per- 
 sons who may cause or direct the same to be constructed. 
 
 109. The iron grates which shall be used to cover the iwd, s. u. 
 apertures of vaults which are placed on the footways in the Apertures of 
 
 . vaults, how to 
 
 several streets, lanes or alleys of the city, shall be sunk not be covered, 
 less than three inches below the surface of said foot pave- 
 ments, and the same shall be securely covered by a wooden 
 or stone frame, which shall be level with the surface of the 
 said foot pavement, so as not to create any obstruction to 
 walking or other proper use of said footways ; and the said 
 grates, so covered with wood or stone as aforesaid, shall be 
 so constructed as to be fastened inwardly, and the wooden or 
 stone frame or covering securely fastened to the iron grates, 
 so that the same may not come apart ; and if any owner or 
 occupier of property shall hereafter cause or permit any grate 
 to be placed upon the foot pavement attached to his or her 
 premises not constructed conformably to the provisions of this 
 section, he, she or they shall incur a penalty often dollars. Penalty, 
 and one dollar for each day it shall remain after notice given 
 by the City Commissioner to alter, change or remove the 
 same ; provided, that the provisions of this section shall only Proviso, 
 apply to openings to vaults which project or are placed more 
 than three feet from the building line of any street. 
 
 110. The owner or occupant of any house or lot before ibid, s. 15. 
 which any vault or opening for cellar doors^ areas or steps precautions 
 
 while con- 
 
 is being constructed, shall fence off the pavement on the stracting. 
 right and left of the improvement, and during the whole of 
 every night whilst such vault or opening is uncovered or un- 
 
1032 
 
 Stbeets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 Lighted lamp. 
 
 Ibid, s. 16. 
 
 Removal of cov- 
 ering. 
 
 Penalty. 
 
 No. 33, s. 3, R. 
 O. 
 
 Penalty for 
 firing guns, &c. 
 
 Exception. 
 
 Ibid, 8. 4. 
 
 Coal and 
 troughs in 
 streets prohib- 
 ited. 
 
 Penalty. 
 
 Ibid, s. 5. 
 
 Firewood in 
 streets, &c,, 
 regulated. 
 
 enclosed, cause a lighted lamp or lantern to be placed at 
 some convenient spot, so as to cast its light upon such vault 
 or openings under the penalty of five dollars for each and 
 every night, or part of a night, during which such lamp or 
 lantern shall be neglected to be placed, kept or lighted as 
 aforesaid, 
 
 111. No person shall remove or cause to be removed any 
 grate or covering to the opening or aperture of any vault in 
 any of the streets of the city, without enclosing such aper- 
 ture during the time such grate or covering is removed with 
 a strong box or kerb, at least twelve inches high, and firmly 
 securing the same, under a penalty of ten dollars for each 
 
 and every offence. 
 
 REGULATIONS. 
 
 112. If any person shall fire or discharge any gun, pistol 
 or firearms within the city, unless it be on some occasion of 
 military parade, and then by order of some officer having 
 the command, every such person for every such ofience shall 
 forfeit and pay a sum not exceeding five dollars ; and if any 
 gun, pistol or firearms shall be discharged Irom oh board 
 any vessel within the harbor of Baltimore, the captain of 
 the vessel, as well as the ofiender, shall be liable to the said 
 penalty. 
 
 113. Every person who shall put or place any coals, or 
 any trough for watering or feeding horses, cattle or other 
 animals, or cause the same to be done in any public square, 
 place, street, lane or alley of the city, and shall not remove 
 the same on the same day before sunset, shall forfeit and 
 pay the sum of one dollar for each offence, and the further 
 sum of one dollar for each and every subsequent day the 
 same shall remain therein. 
 
 114. Firewood may remain in any public square, street, 
 lane or alley in the city for the space of forty-eight hours 
 next ensuing the putting or placing the same therein, and 
 
 J 
 
Stbeets and City Commissioneb. 1033 
 
 Article XLVII. — Ordinances. 
 
 no longer, and every person who shall put and place any 
 firewood in any such public square, place, street, lane or 
 alley, or cause the same to be done, or sufier the same to re- 
 main therein for a longer space of time than is above speci- 
 fied in this section, shall forfeit and pay the sum of one 
 dollar for such ofiience, and a further sum of one dollar for 
 each and every day the same shall remain therein beyond 
 said space of forty-eight hours, 
 
 115. If any person or persons shall place or cause to be iwd.s. e. 
 placed in any street, lane or alley in the city any barrel, Barrels, hogs- 
 
 , heads, be. 
 
 hogshead, box, crate or other package, and shall sufier the 
 same to remain for a longer time than twelve hours, or in 
 any instance after nine o'clock in the evening, every person 
 so offending shall forfeit and pay one dollar, and the further 
 sum of one dollar for every day the same shall be suiFered 
 to remain, and in no case shall any person be permitted to 
 use more space than one-half of the foot pavement by plac- Not more than 
 
 1/' ons-half of foot- 
 ing the above named articles thereupon, under a penalty of ^ay to be used. 
 
 one dollar for each and every offence. 
 
 116. No person or persons shall in any manner obstruct iwd, s. 7. 
 any of the streets, lanes or alleys of the city, or the gutters when streets 
 
 1 /. . , . 1 . /. . . may be ob- 
 
 thereoi, except in the immediate act oi moving or removing stmcted. 
 some article in the way of their trade or business, or for the 
 use of their families ; provided, that such articles as are to be 
 inspected or gauged under ordinances or statutes may be placed Goods aabie to 
 on the footways ; such articles, however, to be arranged so as uiated. 
 not to obstruct the passage through the streets or over the 
 footways from the stone pavement 1o any house, store, cellar or 
 backyard, or from any house, store, cellar or backyard to the 
 stone pavement, without the consent of the owner or occu- 
 pier ; every person so offending shall forfeit and pay the sum 
 of one dollar. 
 
 117. Any person or persons who shall place or set any no. es.oct. 12, 
 goods, wares, merchandise, or vegetables or fruit, by way of 
 
1034 Streets and City Commissionee. 
 
 Article XL VII. — Ordinances. 
 Goods, fcc, not exposing the same to sale, so as to project a distance of more 
 
 to project more /• <» i 
 
 than three feet, than three fcet from his or her house or store, shall forfeit and 
 
 Penalty. pay a fine of five dollars for each and every such ofience, to be 
 
 recovered as other corporation fines and penalties are recovered. 
 
 No. 33, 3.8, R. 118. No person shall wheel any wheelbarrow, or draw or 
 Wheelbarrows, push a hand cart along any of the footways of the streets, 
 
 &c, on footways 
 
 prohibited. lanes Or alleys of the city, or place one on the satue, under the 
 Proviso. penalty of one dollar ; provided, that nothing in this clause 
 
 shall be construed to prevent any person from using a wheel- 
 barrow or hand cart in removing any articles of merchandise, 
 or materials necessary for building or family use, across the 
 said footways. 
 
 Ibid, 8. 35. 119. If any person or persons shall place or cause to be 
 
 Lumber, &c., in placcd within the streets, lanes or alleys of the city, any dirt, 
 ted. lumber or other obstructions to the free egress or ingress 
 
 through such street, lane or alley, and shall permit the same 
 Notice from to remain more than twenty-four hours after being notified by 
 
 CityCommis- , ,^. . . 
 
 sioner or police the City Commissioner or any of the police officers to remove 
 penalty. the Same, he, she or they shall be subject to a fine of five 
 
 dollars for each day it shall so remain ; and the City Commis- 
 sioner is hereby authorized and empowered to remove, or 
 cause to be removed, all manner of obstructions to the pas- 
 sage through the streets, lanes or alleys which he shall find 
 remaining in the same an unnecessary length of time'; and all 
 expenses incurred shall be chargeable to the person or persons 
 who shall violate the provisions of this section. 
 
 Ibid, B. 15. 120. If any person shall cause any horse, mare or gelding 
 
 Horses not to to Stand in any of the streets, lanes or alleys within the limits 
 
 beshod, or fires . "^ '' 
 
 made in streets, of direct taxation, whilst he is shoeing or preparing to shoe 
 
 such horse, mare or gelding, or shall make any fire iu any 
 
 Penalty. Street, lane or alley, every such person shall forfeit and pay a 
 
 Proviso. sum not exceeding five dollars ; provided, that it shall and 
 
 may be lawful for any person to kindle and use a fire made of 
 
Streets and City Commissioneb. 1035 
 
 Article XLVII. — Ordinances. 
 charcoal or coke on any street, lane or alley in the city, for when fires ai- 
 
 f • 1 1 ' ' 1 lowed. 
 
 the purpose of preparing any article to be used in the con- 
 strnction of any house, cellar or pavement, if not more than 
 one-fourth of the width of the street, lane or alley in front of 
 the property to be improved be occupied, and for no longer 
 time than six days at any one place ; and provided further, 
 that the consent of the persons occupying all the property on 
 the square on which the improvement is to be made, be first 
 filed in the office of the City Commissioner. 
 
 121. Permission is hereby granted to all persons in the no. si.Jmneo, 
 city of Baltimore to erect hitching posts in front of their Hitcwnc post*, 
 dwellings or places of business, except on Baltimore street, 
 
 said posts to be removed after sixty days' notice from the 
 Mayor. 
 
 122. If any person or persons shall wilfully break, pull no. u, •. 19, r. 
 down, hurt or destroy any tree or trees, or enclosure around Penalty for la- 
 the same, which are now or may hereafter be planted near streets, &c. 
 the kerb or gutter of any of the streets, lanes or alleys of the 
 
 city, or in any other public grounds within the city, such 
 person or persons so offending shall forfeit and pay five dol- 
 lars for every such offence ; provided always, that nothing proviso, 
 herein contained shall be so construed as to prevent the City 
 Commissioner from removing any tree or trees, or part Removal of 
 thereof, which he may deem so situated as to obstruct the commissioner, 
 carriage or footways, or injure any of the public pumps, or 
 any proprietor of a lot or lots from cutting down any tree or 
 trees near the gutter in front of his or her lot or lots. 
 
 123. If any person or persons shall kill, or attempt to kill, N0.16, Apr. 14, 
 or in any manner injure or molest any sparrows, robins, wrens, sparrows, rob- 
 or other small insectivorous birds, on any of the streets, protected.* 
 lanes or alleys or public squares or parks in the city of Balti- 
 more, or shall destroy or remove, or attempt to destroy or Bird boxes, 
 remove, any box or boxes placed in any tree or other suit- 
 
1036 
 
 Stkeets and City Commissioner. 
 
 Article XLVII.— Ordinances. 
 
 able place in the city of Baltimore for the use of such birds, 
 such person or persons, and any person or persons aiding or 
 abetting them, shall severally forfeit and pay for each and 
 every oifence the sum of five dollars. 
 
 Penalty. 
 
 No. 33, s. II, R 
 
 O. 
 
 Water from 
 
 gutters not to 
 
 be thrown on 
 
 streets. 
 
 Ibid, s. 31. 
 
 Snow to be re- 
 moyed from 
 footwayi. 
 
 Exception. 
 
 Penalty. 
 
 124 No person or persons shall cast water contained in 
 the gutter or gutters of any street, avenue, lane or alley, 
 upon the bed or paved portion of such street, avenue, lane 
 or alley, by means of a scoop, shovel, watering-pot, or by 
 any other means or contrivance whatsoever, and any person 
 or persons who shall violate the provisions of this section 
 shall forfeit and pay the sum of five dollars for each and 
 every offence ; provided, that no portion of this section shall 
 in any way impair the privileges accorded to builders in 
 sections 14 and 15 of Article VII, [p. 113, &c., ante.] 
 
 125. It shall be the duty of each and every person, in- 
 corporated society or public institution using or occupying 
 in any manner, or for any purpose whatsoever, any house, 
 store, shop, stable or tenement of any kind, and of persons 
 having charge of churches and public buildings of every 
 description, and of owners of unoccupied houses and unim- 
 proved lots, situate on any paved street, lane or alley in the 
 city, within three hours after the fall of any snow, (except 
 the snow shall have ceased to fall between the hours of three 
 o'clock in the afternoon and six in the morning, in which 
 case it shall be removed before eleven o'clock in the morn- 
 ing,) to remove and clear awa)^ or cause to be removed and 
 cleared away, the same from the foot pavements fronting the 
 respective houses, stores, shops, stables, churches, buildings 
 or lots, so used, occupied or owned by them, or under their 
 charge, in such manner as not to obstruct the passage of the 
 water in the gutters, under a penalty of two dollars for every 
 neglect, beside the expense of cleaning the same away, 
 under the dijpection of the police officers in the mode pro- 
 
Streets and City Commissioner. 1037 
 
 Article XLYTI. — Ordinances. 
 
 vided in section 127. And it shall further he the duty 
 of the said persons and agents to keep the gutter or gut- 
 ters leading to and the pavements or sidewalks situate in 
 front, rear, or sides of such tenements above enumerated, 
 free from ice and every obstruction of whatever nature ; and ice. 
 every such owner, tenant or person having in charge, who 
 shall fail to remove any such obstruction by ice or any other 
 cause, for three hours after notification duly served on him, Notice, 
 her or them by any police officer of the district, shall forfeit 
 and pay two dollars for such failure, and one dollar addi- penalty, 
 tional for each and every day the obstruction may continue, 
 such fines and forfeitures to be recoverable as is usual in 
 similar cases.* 
 
 * See sec. 108, p. 417, ante. Nuisances : Held, before the estaUisIiinerU of 
 the Board of Police, that the effect of the provision requiring tiie city " to 
 prevent and remove nuisances," (sec. 1, p. 376, ante,) is to make the city, 
 like individuals and private corporations at common law, responsible for 
 causing or not removing nuisances, to any person who has received special 
 damages therefrom ; and tliat the passage of ordinances providing for the 
 removal of snow and ice from the streets, so as to prevent their accumula- 
 tion from being a nuisance, was not a discharge of the obligation imposed 
 by the charter ; that the city was bound to make vigorous efforts to enforce 
 such ordinances, in order to bring itself within the saving of having used 
 reasonable care and diligence, and where a party sustained an inconvenience 
 or injury, experienced in common with all citizens, then the source of com- 
 plaint is a common nuisance, and the remedy must be by indictment. An 
 accumulation of ice on the footway of a city is a common nuisance. Mayor, 
 &C: V. Mariott, 9 Md. 160. (hoings v. Jones, Ibid, 108* See notes, pp. 622, 
 711, ante, and under Water, Art. LIII. 
 
 Mrs. Flynn, while walking with ordinary care, slipped and fell upon the 
 ice covering the pavement of a public street in the city of Baltimore, in 
 front of the premises occupied by the Canton Company. Snow having 
 been allowed to accumulate on the pavement, was melted by the sun, and 
 the water thus formed was frozen the night before the accident. Mrs. F. 
 could not see the ice because of a slight covering of snow, which had fallen 
 during the night. Suit was brought to recover damages for the injuries 
 sustained in consequence of the fall. The action was brought on the neg- 
 lect of the Canton Co. to comply with the ordinance of the city with regard 
 to clearing pavements of ice and snow, (being sec. 125 above.) Held : That 
 the action would not lie ; that the neglect of the Canton Co. to perform the 
 
1038 StEEETS AND CiTY COMMISSIONER. 
 
 Article XL VII. — Ordinances. 
 
 No. 10, Feb. 27, 126. No person or persons, or corporations, shall cast, 
 No salt to be throw, Sprinkle or place salt or any other saline substance 
 
 used to melt ice 
 
 or snow. upon any pavement, street, lane, alley or car track whatever 
 
 within the corporate limits of the city of Baltimore, for the 
 purpose of removing or melting ice or suow, under a penalty 
 
 Penalty. of not Icss than fifty dollars, nor more than one hundred dol- 
 
 lars, for each square or part of square upon which salt or any 
 other saline substance may be cast, thrown, sprinkled or placed, 
 said fine or fines to be collected as other corporation fines and 
 penalties are collected. 
 
 Ibid, «. 32. 127- It shall be the duty of the police officers to cause the 
 
 Duty of police SUOW and ico to be removed by the persons employed for the 
 
 with respect to /.i.i '/» ^ i- • ^ ^ • t 
 
 snow, ice, &c. purposc of cleaning the streets, irom the footways oi the bridges 
 within the city, and from the flagstones placed at the several 
 intersections of the streets, as also to remove the ice and 
 other obstructions to the free passage of the water at the 
 intersections of the several streets of the city, and to cause 
 the snow and ice to be removed from the foot pavements 
 fronting the houses, stores, stables, churches, public buildings, 
 lots or tenements of such persons as shall neglect or refuse 
 to remove the same, at the expense of the city in the first 
 instance, to be afterwards recovered from the person or per- 
 sons so neglecting or refusing. 
 
 duty or service imposed on them by the ordinance did not render them 
 liable to a private action ; that the only liability resting on them was that 
 imposed by the ordinance itself, namely, the prescribed fine or penalty for 
 each ofi'ence, and the cost of removal, in every instance of their refusal or 
 neglect, Flynn v. Canton Co., 40 Md. 312. 
 
 While recognizing the well settled principle that whenever a party causes, 
 constructs or creates a nuisance or obstruction in a public street or highway, 
 he is responsible in damages to any one who has received special injury in 
 consequence thereof, the Court considered that in this case the nuisance, if 
 such it were, was not caused or created by the act of the party sued. The 
 ice, the occasion of the injury, was not on the property of the Canton Co., 
 nor was it placed on the pavement through the slightest instrumentality or 
 agency on their part; it was formed solely and exclusively by the action of 
 the elements. Ibid. 
 
Stbeets and City Commissioner. 1039 
 
 Article XL VII. — Ordinances. 
 
 128. It shall not be lawful for any person to throw any N"- 2a, mm. 7, 
 bale or bulky article from the second or higher story door Bales or bulky 
 
 •^ O J articles riot to 
 
 or window into the street, or to use, or cause to be used, in ^^in^^o^"^"* ^"^"^ 
 
 or upon any street, lane or alley, wharf or place of public 
 
 resort, any sliding board, skid, or other device or contrivance, suding boards, 
 
 skids, &c. 
 
 for the purpose of receiving or delivering merchandise, with- 
 out having the same well secured, so as to prevent the same 
 from slipping ; and every person who shall offend in man- 
 ner aforesaid shall pay for every such offence the sum of penalty, 
 twenty dollars ; provided, that this section shall not be con- proviso, 
 strued to extend to the removing of any merchandise or 
 other article in case of danger by fire or other casualty. 
 
 129. It shall not be lawful for any person to play at No.as.s. si.a. 
 bandy or ball, to fly a kite, or throw a stone or any other pinaity for 
 
 . . . playing bandy, 
 
 missile in that part of the city comprehended within the flying Sites, &c. 
 limits of direct taxation, or any street, lane or alley opened 
 for public use within the limits of the city, under a penalty 
 of one dollar for each offence. 
 
 130. It shall not be lawful for any political organization No. 86, M»y. 12, 
 to parade through the streets of the city of Baltimore after political organ- 
 dark. Any person or persons violating the provisions ot this parade after 
 section shall be guilty of misdemeanor, and liable to a pen- 
 alty of not less than five nor more than twenty-five dollars, penalty. 
 
 DRIVING CATTLE, SHEEP OR SWINE THROUGH STREETS. 
 
 131. It shall not be lawful for any person to drive any no. 25, Apr. at, 
 cattle, hogs or sheep through Saratoga, Mulberry or Frank- Hours when 
 
 ' ^ r & & ' J pottle may be 
 
 lin streets, from Poppleton street to Charles street, except driyen through 
 
 ' rr ' r certain streets. 
 
 between the hours of 9 P. M. and 5 A. M. 
 
 132. Nor eastwardly or westwardly in Baltimore street, no. 33, s. se, r. 
 between Fremont and Eden streets. streets. 
 
1040 Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 No. 49, Apr 22, 133. Nor eastwardly or west wardly along Lexington street, 
 streets. between Eutaw and Charles, or eastwardly or westwardly on 
 
 Fayette, between Green and Gay streets, except between the 
 
 hours of 9 P. M. and 5 A. M. 
 
 No. 122, Nov. 5, 134. Nor alone; Madison avenue or Madison street, ex- 
 
 '74. 
 
 streets. copt between the hours of 9 P. M. and 5 A. M. 
 
 No. 25, Apr. 21, 135. Any person who shall violate any of the provisions 
 Penalty. of the preceding four sections shall be subject to a penalty of 
 
 twenty dollars for each and every offence. 
 
 No. 64, Oct. e, 136. It shall not be lawful for any person or persons own- 
 swinenotper- ing or driving any hogs through or in any of the streets, 
 
 mitted to lie « i • • •m> 
 
 down in streets, lancs or alleys of this City, wilfully to permit the same to 
 stop or lie down therein ; and any person or persons, or 
 their agent or agents, who shall violate this section, shall be 
 
 Penalty. subjcct to a fine of five dollars for each and every offence. 
 
 No. 73, June 137. It shall uot bc lawful for any person or persons to 
 Driving cattle, drivo any cattle, sheep or hogs in any street, lane or alley 
 ^rowfitedllT-" ^^ Baltimore, except to slaughter-houses and shipping points 
 tl?ho°ulero^r''' within the limits of the city, under a penalty of five dollars 
 shipping points pg^ head for each and every offence ; provided, that nothing 
 Exception. in this scction shall be so construed as to prohibit the use 
 of the streets, lanes or alleys of the city necessary to the 
 passage of animals from the cattle pens of the Baltimore 
 and Ohio Railroad to the cattle scales and pens of the State 
 of Maryland ; provided, moreover, that it shall not be lawful 
 for any one to drive any cattle, swine or sheep through any 
 Exception. Street or parts of streets, except as permitted by the pre- 
 ceding sections 131, 133 and 134. 
 
 CATTLE, SWINE AND GOATS AT LARGE. 
 
 No.63,s.i, R. 138. It shall not be lawful for any cattle or swine to go 
 
 Cattle and at larffo at any time within the limits of the city : and the 
 
 swine not per- o ./ 
 
 mitted to go at May Or is hereby authorized to employ persons to take up all 
 
Streets and City Commissioner. 1041 
 
 Article XL VII. — Ordinances. 
 
 swine found going at large in any of the streets, lanes or 
 alleys of the city ; and he is also authorized to enter into 
 such arrangemets with the Trustees of the Poor for the City whenukenup, 
 
 " how disposed of. 
 
 of Baltimore, as will induce them to receive all swine taken 
 
 up according to the provisions hereof; and the owner or no. §4, May 87, 
 
 owners of any swine or cattle found going at large within penalty. 
 
 said limits shall be fined for each and every offence the sum 
 
 of five dollars, to be recovered as other fines are recovered. 
 
 139. The sum of five hundred dollars is annually placed No. 63, «. a, r. 
 at the disposal of the Mayor to be expended as he shall Appropruuon. 
 deem most advisable in executing this ordinance relative to 
 
 cattle and swine, to be paid out of any money in the treasury 
 not otherwise appropriated. 
 
 140. It shall and may be lawful for all persons to kill or no,62,r.o. 
 cause to be killed, or to seize and take and dispose of to his coats going at 
 
 . . 1 1 rt • large may be 
 
 or their own use and benefit, any goat or goats running at kuied or seized. 
 
 large in any public street, lane or alley, or found within any 
 
 of the enclosures of the springs or public squares of the 
 
 city. The sum of fifty dollars is hereby annually placed at Apppopriation. 
 
 the disposal of the Mayor to carry out the provisions of 
 
 this section, to be taken out of any unappropriated money 
 
 in the treasury. 
 
 141. Should any goat be found running at large, asibid,«.2. 
 
 aforesaid, the owner or owners thereof shall forfeit and pay Penalty on own- 
 ers of goats. 
 
 the sum of two dollars. 
 
 Decisions as to Streets. — The two systems for opening and condemn- 
 ing, and for grading and paving streets in the city of Baltimore, are entirely 
 different — they are provided for by different laws and ordinances, executed 
 by different oflScers, and governed by different rules and regulations. Mayor, 
 <&c., V. Porter, 18 Md. 284. 
 
 OPENma, &c. Stkeets. — It is not essential to a complete dedication of 
 land to public use, that the legal title should pass from the owner, nor that 
 there should be any grantee of the easement in esse to take the fee ; nor is it 
 necessary that there should be a deed or writing in order to evidence the 
 
1042 Streets and City Commissionee. 
 
 Article XLVII. — Ordinances. 
 
 dedication ; but if the owner of the land has done such acts in pais as 
 amount to a dedication, he is thereby estopped from denying that the public 
 have a right to enjoy what is thus dedicated to their use, or from revoking 
 what he has declared by his acts. McCormick v. Mayor, dc, 45 Md. 512. 
 
 In the case of a clear act of dedication, as for a street, it is not essential to 
 the validity of such act, that the space thus dedicated should at once be 
 • used by the public for that purpose, or that it should be so used within any 
 limited time, in the absence of any condition to that efifect. An intent on 
 the, part of the owner to dedicate his land to the particular use alleged, is 
 absolutely essential; and unless such intention is clearly proved by the 
 facts and circumstances of the particular case, no dedication exists. The 
 evidence of such intention is furnished in various ways ; but as dedication 
 will be presumed where the facts and circumstances of the case clearly war- 
 rant it, so that presumption may be rebutted, and altogether prevent it from 
 arising by circumstances incompatible with the supposition that any dedi- 
 cation was intended. If a street be designated on a plat made by authority 
 or by the party himself, as passing over certain lands, and the owner subse- 
 quently conveys lots fronting or binding on such street, he remaining the 
 owner of the fee in the bed of the street, this is held a dedication of the land 
 over which the street passes, to the public use ; and on opening the street, 
 the owner of the fee will be entitled to nominal damages only as compensa- 
 tion, and will be estopped from making further claim for such use as against 
 the public. Ibid. 
 
 A lot of ground in the city of Baltimore was surrendered by the owners 
 to the Commissioners for Opening Streets, and compensation claimed for the 
 whole lot. The lot was valued by the commissioners and damages assessed 
 therefor. From their assessment an appeal was taken to the City Court, and 
 upon trial the jury, on January 22d, 1874, found an inquisition, ascertaining 
 the amount of damages to which the owners were entitled. This inquisition 
 was confirmed by an order of court and judgment entered thereon. The 
 amount found by the inquisition was paid by the city to the owners on 
 December 4, 1874. At the time of the payment the owners claimed interest 
 from January 22d, 1474, to the date of the payment, which the city refused 
 to pay. On a Tnandamus filed by the owners to compel the city to pay the 
 interest so claimed, it was held : 
 
 1. That the amount found by the inquisition did not bear interest. 
 
 2. That section 10, p. 1000, ante, under which alone the City Court was au- 
 thorized to act in taking the inquisition , gave no power to pass an order of 
 confirmation, or to enter up a judgment upon the inquisition of the jury, 
 and such entries were therefore unauthorized and inoperative. 
 
 3. That the Act of 1870, c. 371, providing for the rendition of judgments 
 upon the return and ratification of inquisitions in cases of condemnations 
 of lands, has no application to these proceedings. 
 
 4. That the owners were not entitled to a mandarmis to recover the in- 
 
Streets and City Commissioner. 1043 
 
 Article XL VII. — Ordinances. 
 
 terest, either as forming part of the just compensation secured by the Con- 
 stitution, or as in the nature of interest on a judgment. 
 
 5. That the city is not responsible for losses occasioned by necessary 
 delays in taking possession of property for a proposed improvement, but 
 when the assessments have all been finally settled, the city can fairly exer- 
 cise its election to abandon the enterprise, or pay the assessments and pro- 
 ceed with the work. 
 
 6. That for losses to owners occasioned by delay, subsequently occurring 
 through failure of the city authorities thus to abandon or pay, it is just and 
 right the city should be held liable in an action for damages. 
 
 7. That as to what the measure of damages should be, no general rule 
 applicable to all cases could be laid down. But where the property, as in 
 this case, consisted of a vacant and unimproved lot, from which the owners 
 derived neither rents nor profits, the standard of damages should be the in- 
 terest upon the market value of the property ascertained by the inquisition 
 for the time the delay was without justifiable cause. 
 
 8. But that a mandamut would not lie to enforce its payment until in 
 such an action the jury had ascertained the amount by their verdict, and a 
 judgment thereon had been rendered tigainst the city. Norris, et al. v. Mayor, 
 &c , Balto. 44 Md. 598. 
 
 The owner of certain lands, lying between Madison and Druid Hill ave- 
 nues, in the city of Baltimore, offered at public auction certain portions of 
 them marked in lots upon a map or plat. Upon this map lots and streets 
 were laid down, and among others there was one designated as Mosher 
 street ; it ran from Madison avenue, across McCulloh street, to Druid Hill 
 avenue. The lots advertised for sale and described as being on Mosher 
 street, were all between Madison avenue and McCulloh street. There was 
 no sale at auction. Subsequently, four of the lots, calling to bind on Mosher 
 street, were disposed of at private sale. Afterwards, Mosher street, lying 
 between Madison and Druid Hill avenues, was condemned by authority of 
 the city. Held : 1, That the right of way or easement in Mosher street ac- 
 quired by the purchasers of the lots binding thereon, extended from Madison 
 avenue only to McCulloh street, their lots lying between these streets, and 
 to that extent only was there a dedication of Mosher street to public use by 
 their vendor. 3. That the vendor of the lots was entitled to substantial 
 damages for that part of Mosher street, lying between McCulloh street and 
 Druid Hill avenue, there having been no dedication of the same to public 
 use. The purchaser of a lot calling to bind on a street not yet opened by 
 the public authorities, is entitled to a right of way over it ; if it be of the 
 lands of his vendor, to its full extent and dimensions only, until it reaches 
 some other street or public way. Under Ordinance No. 26, April 3, '66, (p. 
 1000, ante,) a person assessed for benefits arising from the opening of a street, 
 who appeals from the return of the commissioners, can only question the pro- 
 priety of his own assessment, and cannot disturb or question the return of 
 
1044 Streets and City Commissioner. 
 
 Article XLYII. — Ordinances. 
 
 the commissioners, in reference to any other person who is assessed for bene- 
 fits or allowed for damages. Hawley, et al. v. Mayor, <&e., 33 Md. 270. 
 
 An appeal will lie to the Court of Appeals from a decision of the Balti- 
 more City Court in proceedings on an appeal to that court from the Commis- 
 sioners for Opening Streets. The Baltimore City Court, upon an appeal to 
 it from the Commissioners for Opening Streets, has authority to review any 
 irregularity in the proceedings of the commissioners. In the absence of 
 proof showing that legal notice was not given of an application for the pas- 
 sage of an ordinance for widening a street, the court will presume that the 
 requirements of the law were complied with, and that the Mayor and City 
 Council of Baltimore acted within their authority in passing the ordinance. 
 The Street Commissioners have authority to give the notice required by s. 6, 
 (p. 995, ante,) before taking the oath required by s. 2, (p. 994, ante,) Page v. 
 Mayor, &c., 34 Md. 558. 
 
 The notice under the Act of 1838, c. 226 [sec. 2, p. 985, ante,] given in two 
 or more daily papers, was : " that application will be made to the Mayor and 
 City Council to widen Bel air avenue, or north Gay street, as laid down on 
 Poppleton's plat, from Point lane to the North avenue." Held : That the 
 powers granted by above act, are such as are essential to the existence and 
 expansion of a great municipality, and are confided to a local legislature 
 selected by its citizens, for the government of its concerns. That it would be 
 fatal to the objects for which these powers are delegated by the General 
 Assembly of the State, to require all notices of applications for ordinances 
 to carry into eflFect these powers, to specify, with technical precision, the ob- 
 jects for which the application would be made; such particulars would 
 embarrass all the subsequent proceedings dependent on the notices, and 
 render the rights acquired under them so precarious as to destroy all con- 
 fidence in the local ■ legislation of the city. That the notice, in this case, 
 was a suflBcient compliance with the provision of the act above cited, in ac- 
 cordance with which Ordinance No. 61, of 1851, was passed. That the 
 authority conferred by this ordinance on the commissioners, " to widen 
 and condemn north Gay street, or Belair avenue, to the width as it is laid 
 down on Poppleton's map," was a legitimate exercise of the power conferred 
 by the act. Mayor, &c., v. Bouldin, et. al. 23 Md. 328. 
 
 An ordinance of May 5, 1864, to open a street in continuation of Holli- 
 day street, required the judges of the Appeal Tax Court in the condemna- 
 tion and opening of the proposed street to proceed in accordance with the 
 provisions of Ordinance No. 15, of R. O. 1858. Section 7 of said ordinance 
 (sec 7, p. 996, ante,) provided : that in every case where it shall be necessary to 
 eflFect the object proposed, that a part only of a house and lot, or of a lot, 
 shall be taken and used or destroyed, and the owner thereof shall claim to 
 be compensated for the whole, the commissioners shall ascertain the full 
 value thereof as if the whole lot and improvements were necessary to be 
 taken and used for such propotsed object. It then provided for the payment 
 to the owners of the whole of such valuation, and for the sale of the residue 
 of the lot not necessary to be taken and used for the street ; and the amount 
 
Streets and CiTr Commissioner. 1045 
 
 Article XL VII. — Ordinances. 
 
 which is derived from such sale is appropriated to the payment of the ex- 
 pense of the improvement, thereby diminishing to that extent the cost of the 
 work assessed upon the parties benefited. On a bill filed for an injunction 
 to prevent the opening of the street — held : that this provision of the ordi- 
 nance is not obnoxious to the objection that it authorizes the taking of the 
 property of a citizen, when it is not required for public use. Mayer ^ &c. v. 
 aunet, 23 Md. 449. 
 
 The Mayor and City Council having provided by ordinance for the open- 
 ing of a street to pass through the lands of A. and B., B. filed a bill for and 
 obtained an injunction to prevent the opening of said street ; one of the con- 
 ditions of his injunction bond being for the payment of " all damages oc- 
 casioned by the granting of the injunction." The injunction was finally 
 dissolved and the appeal dismissed by the Court of Appeals. A. afterwards 
 sued B. upon the injunction bond claiming damages to the amount of an 
 alleged depreciation in the value of his land between the issuing of the in- 
 junction and its final dissolution, on the ground that the injunction pre- 
 vented the sale of his land for building lots at the price that could have been 
 obtained for them at the time of the granting of the injunction, if the street 
 had been then opened. Held : 1. That the claim of A. could only be sus- 
 tained on the ground that the injunction operated to infringe or deprive him 
 of some vested legal right, which the bond was intended to protect. 2. 
 That under the ordinance for opening said street, passed by authority of 
 1838, c. 266, neither the public nor any private citizen could acquire any 
 privilege or right to its use until the actual opening and surrender of the 
 street to the public. 3. Limiting the liability of the appellant B. to such 
 damages as might have arisen from the suspension or invasion of vested 
 legal rights by the injunction, the appellee A. sustained no injury for which 
 he could claim redress by an action on said bond. Steuart v. State, 20 Md. 97. 
 
 The modes in which the power of opening, widening and closing streets 
 is exerted, vary according to circumstances. Sometimes it is initiated by 
 summoning a jury upon warrant, in the nature of an inquest, ad quod dam- 
 num ; at others, boards of assessors are appointed to appraise dues and 
 benefits, with the right of appeal to a court of record and of review, by a 
 jury ; yet all are subject to the constitutional inhibition, " that the legisla- 
 ture shall enact no law authorizing private property to be taken for public 
 use, without just compensation, (as agreed upon between the parties or 
 awarded by a jury,) being first paid or tendered to the party entitled to such 
 compensation." The Commissioners for Opening and Widening Streets 
 having a special public duty and jurisdiction assigned them, to be executed 
 in a prescribed form, their proceedings are of a legal character, and must be 
 regarded as subject to all the incidents of proceedings in the nature of a 
 writ of inquisition ad quod damnum, being but means to the same end. Re- 
 garded in their legal character, the proceedings of the commissioners, under 
 the ordinance, are a substitute for the inquisition of a jury, to ascertain the 
 actual cost of any projected improvement, and have no further effect. State, 
 ex rd., McOleUan v. Graves et. ai., 19 Md. 351. 
 
1046 Streets and City Commissioner. 
 
 Article XLVII.— Ordinances. 
 
 A square, designated as such on Poppleton's plat of the city of Baltimore^ 
 and marked by two boundary stones, but which has never been used by the 
 public for any purpose, but constantly held by the owners of the land, and 
 never purchased by the city authorities, or conveyed to them, is not a square 
 for public purposes, contemplated by the Act of 1817, c 148, s. 13. The 
 owner has the same right to improve the land in this square as any other 
 portion of his property in the city limits, and the city authorities have the 
 right to open a street through it in the same manner as through any other 
 property; there is no necessity for them to close this square, because i* 
 never was in legal contemplation a public square. Notice, that application 
 will be made to the city authorities " to open and condemn Baltimore street, 
 ^rom the east side of Fulton street, to the city limits," describes with suffi- 
 cient accuracy the street designed to be opened, and is not defective in this 
 particular. Steuart v. Mayor, dx., 7 Md. 500. 
 
 The owner of a lot lying on the bed of a street in the city of Baltimore, 
 which is taken for public use, is entitled to compensation precisely as if no 
 gUch street was opened over it, and to ascertain this the value of neighbor- 
 ing and contiguous lots may be looked to, but they do not furnish an un- 
 erring standard by which to measure the value of the lot condemned. A 
 law providing for the opening of a street or road, and imposing all the costs 
 on those who are the more immediately benefited, instead of the community 
 at large, is constitutional. Where a party sells property within the limits of 
 a city, and in the deed bounds it by streets, designated as such in the deed» 
 or on a map made by the city, or the owner, it is a dedication of the street 
 for public use, and a subsequent purchaser from the same vendor of the 
 lot upon the bed of such street, can claim only nominal damages for its con- 
 demnation upon the opening of the street, because he only acquired the 
 naked fee, subject to an easement, or right of way in the public. Moale v. 
 Mayor, &c., 5 Md. 314. 
 
 Where the legislature conferred certain powers upon the corporate au- 
 thorities of the city of Baltimore, in relation to the opening and widening 
 of streets in said city, it is not essential to the validity of an ordinance o 
 said corporation, executing the powers thus conferred, that it should state or 
 indicate the Act of Assembly, in execution of which it was passed. If no 
 power be stated as its basis, the ordinance will be regarde d as emanating 
 from that which would have warranted its passage ; and if two such powers 
 exist, it may be imputed to either, in conformity to which its provisions 
 show it to have been adapted. The power to determine whether or not the 
 public welfare and convenience require the widening of any particular street, 
 is by the Act of 1888, c. 226, [sec. 1, &c. p. 984, &c. ante^ vested exclusively 
 in the Mayor and City Council, and whether their judgment be right or 
 wrong, is no subject for revision or correction in a court of equity 
 Where notice to all persons interested in the opening or widening of any 
 street, has been duly given by publication, as required by law, ignorance 
 thereof, in any party, can afl"ord him no ground for relief, either in equity 
 
Steeets and City Commission be. 1047 
 
 Article XL VII. — Ordinances. 
 
 or by appeal to Baltimore City Court. The law imputes notice, and will 
 not admit testimony to disprove it. M. P. Church v. Mayor, <Ske., 6 Gill, 391. 
 
 Proprietors of land in a city frequently divide it, so as to establish streets 
 at points where there are none under the authority of the corporation, and 
 lots conveyed by deeds which bound them on such streets, give the pur- 
 chasers, by virtue of an implied covenant, an easement or right of way over 
 the streets , which right is unafiFected by the circumstance that at the time of 
 sale the streets were unopened. White v. Flannigan, 1 JId. 540. 
 
 Where a deed describes city lots as bounding on certain streets, the grant- 
 or and his heirs are estopped from denying that there are such streets to the 
 extent of the lots bounded by them. Such a description is not merely a des- 
 cription, but an implied covenant that there are such streets. The several 
 Acts of Assembly authorizing the municipal authorities of Baltimore city to 
 lay out, open, extend, widen, «&c., any street, &c,, considered in White v. 
 Flannigan, 1 Md. 549. 
 
 The ordinance of the city of Baltimore, March 9, 1841, in relation to the 
 opening, &c., of streets, directing the commissioners, after ascertaining the 
 amount of damages and expenses to be incurred in any one case, to assess 
 the same on all the ground and improvements within the city, the owners of 
 which would, in the judgment of the commissioners, be benefited by accom- 
 plishing the object authorized in the ordinance; apportioning them in just 
 proportion according to the value of the benefit, which, in the estimation of 
 the commissioners, would accrue to each owner of any right or interest 
 claimed in any such ground or improvements, does not subject the indivi- 
 duals embraced by it to an unequal and partial tax, for the prosecution of an 
 improvement in which the whole community is interested. No burden is 
 imposed by such an ordinance on the person on whom it operates. It is a 
 mere requisition that the owners of property, the value of which is en- 
 hanced by the opening of the street, shall pay for the improvement in a ratio 
 to the benefit derived from it. Alexander <fc Wilson v. Mayor, <&c., 5 Gill, 383. 
 
 Held, that the Act of 1838, c. 226, [sec. l,&c., p. 984 &c. ante,] and the ordi- 
 nances passed in pursuance thereof, were a constitutional exercise of legisla- 
 tive power, and that all proceedings of the city in conformity to it were validi 
 and that a court of equity had no jurisdiction to supervise or re-examine 
 the proceedings and judgment of the court, to which an appeal was taken. 
 Alexander & Wilson v. Mayor, &c., 5 Gill, 383; M. P. Church v. Mayor, (fee, 
 6 Gill, 391 ; Richa/rdson v. Mayor, &g., 8 Gill, 433 ; Mayor, dso., v. Bouidin, 23 
 1 Md. 330 ; State v. Graves, 19 Md. 361. 
 
 I Upon a bill to enjoin the defendants from collecting a tax imposed by the 
 
 ^' Street Commissioners of Baltimore City, upon the property of the complain- 
 H ants, for widening a street, the Acts of Assembly and ordinances of the city 
 H having given to all persons considering themselves aggrieved by the proceed - 
 H ings of said commissioners, the right of appeal to court, which remedy the 
 ^B, complainants failed to take, it was held, that a court of equity had no 
 
 I 
 
1048 Streets and City Commissioner. 
 
 Article XL VII. — Ordinances. 
 
 jurisdiction, and the injunction was dissolved. M. P. Church v. The Mayor, 
 &c. of Balto., 2 Md. Oh. Dec. 78, 6 Gill, 391. See Mayor, &c. of Balto. v. 
 Porter, 18 Md. 301. 
 
 Upon a bill filed by the appellants, alleging that the damages for opening 
 and extending streets in the city of Baltimore, secured to them by the above 
 statutes, had not been assessed to them by the street commissioners of said 
 city, in their proceeding for the extension of said streets, and that upon ap- 
 peal to court, the jury had, also, in their assessment of damages, made no 
 assessment of damages to the complainants, who were thereby absolutely 
 denied the rights vested in them by said act, the chancellor granted an in- 
 junction restraining the appellee from collecting the assessments made by 
 the jury. The answer of the appellee averred that the provisions of the 
 said act of assembly were especially brought to the attention of the jury 
 and fully discussed, and deliberately considered by them. The chancellor 
 thereupon ordered the injunction to be dissolved, which order was affirmed 
 upon appeal. Riclmrdson v. Mayor, &c. of Balto. 8 Gill, 433. 
 
 If the owner of private property taken for public uses under the Act of 
 1838, c. 226, [sec. 1, &c., p. 984, &c.,ante,'\ does not appeal within the prescribed 
 time, and the compensation assessed be paid or tendered, the property may 
 be taken for public use : the neglect or refusal to appeal is considered a 
 waiver, or abandonment of the right to have the damages awarded by a 
 jury, and as an agreement to take the compensation determined by the as- 
 sessment. Steuart v. Mayor, &c., 7 Md. 500. See MoaU v. Mayor, dc, 5 Md. 
 314. Stewart v. State, 20 Md. 97. State v. Graves, 19 Md. 369. 
 
 Paving, Grading, &c., Stkeets. — Decisions before the Act op 
 1874, c. 218. — The system of grading and paving streets established by the 
 ordinances of the city of Baltimore, is authorized by law, and no constitu- 
 tional objection exists to the power conferred on the owners of a majority of 
 front feet, of imposing a tax for such purposes, on the property of the other 
 owners, against their wills . But the intention of the law is, that the applica- 
 tion by the majority of owners shall be made in good faith, and any ar- 
 rangement or combination among parties applying, whereby a few, who 
 wish the work to be done, procure the signatures of others, by paying them 
 therefor, either directly or indirectly, is a fraud upon the law and contrary 
 to public policy. Howard v. First Independent 'Church, 18 Md. 451. 
 
 The powers and duties of the Oity Commissioner are specially defined and 
 limited by ordinances having the force and character of public laws, igno- 
 rance of which can be presumed in favor of no one dealing with him as to 
 matters thus conditionally within his official discretion. Under the ordi- 
 nances of the city the Oity Commissioner may make contracts for grading 
 and paving, and assess taxes therefor in two classes of cases, viz : 1. Upon 
 application of the proprietors of a majority of front feet where the street has 
 been condemned ; and 2, upon the like application of all the proprietors of 
 ground fronting on the street where it has not been formally condemned. 
 "Without such application he is entirely destitute of the official character and 
 
Steeets and City Commissioner. 1049 
 
 Article XL VII. — Ordinances. 
 
 power in and by which alone he can take any lawful proceedings, or make 
 any valid contract for such work, and the power of the Mayor to approve 
 of his determination to grade and pave, and of his contracts for the same, is 
 limited to the same classes of cases and controlled by the same conditions. 
 A contract made by the City Commissioner for grading and paving, upon 
 the application of the owners of a majority of feet fronting on a street not 
 formally condemned, is invalid and not obligatory on the city, and the con- 
 tractor can maintain no action against the city on the contract, nor for dam- 
 ages for violating or disregarding its provisions. Mayor, &e. v. Eschbach, 18 
 Md. 276. 
 
 The lessee for ninety-nine years, or for ninety-nine years renewable for- 
 ever, and not the owner of the fee, is the owner or proprietor to assent to 
 the paving of unpaved streets in the city of Baltimore, under the Acts of 
 1797, c. 54, s. 2, and 1817, c. 148, s. 18, and 1833, c. 40, s. 3, (see sec. 7, p. 
 988 and sec. 33, p. 1010) Holland v. Mayor, &c., 11 Md. 186. Mayor, <Stc. v- 
 jR)t*Mm, 23 Md. 328. 
 
 Unless the owners of a majority of the feet binding on the street to be 
 paved, assent in writing to the paving, the proceedings of the city authori- 
 ties, directing the paving to be done, are null and void, and a court of equity 
 has, upon application of the non-assenting owners, jurisdiction to prevent, 
 by injunction, the sale of their property to pay for such paving. Bouldin v. 
 Mayor, &c. 15 Md. 18. Mayor &c. v. Porter, 18 Md. 284. Letter v. Mayor, 
 dx., 29 Md. 419. Mayor, &c. v. Horn, 26 Md. 195. 
 
 The ordinances of the city of Baltimore in relation to the paving of streets, 
 confer on property owners not only the right to have their own lots im- 
 proved by paving in front of them, but also the power to compel others to 
 submit to and pay for such supposed improvements. The paving tax is due 
 immediately after the commissioner makes out the list of persons assessed, 
 and its payment may be enforced before any portion of the paving is com- 
 menced. The assent, in writing, of the proprietors of a majority of feet 
 fronting on the street to be paved, must appear to have been given before 
 the paving is ordered, and the want of such assent may be shown as a de- 
 fence to an action to enforce collection of the tax. The certificate of the 
 commissioner, stating that a requisite number of proprietors had assented 
 to the paving, is not conclusive on the question of assent ; it has but a prima 
 facie effect as the warrant or authority to have the paving done, and those 
 who act under it c'o so at their peril. The authority of the commissioner 
 as to the paving of streets, is specified and limited, both as to its scope and 
 efi"ect, and when made the foundation of an action, it must appear to have 
 been exercised according to law. Henderson v. Mayor, dbc., 8 Md. 352. 
 
 The taxes for paving streets in the city of Baltimore are imposed on the 
 property, and not on the owner, and though a personal action for them may 
 be maintained by the city against the owner, this does not afiect the specific 
 liability of the property. Escfibach v. Pitts, 6 Md. 71. 
 
 The charter of a cemetery company within the limits of the city of Balti- 
 more provided that a certain number of acres " shall be forever appropriated 
 
1050 Stbebts and City Commissionee. 
 
 Article XLVII. — Ordinances. 
 
 and set apart as a cemetery, which so long as used as such, shall not be 
 liable to any tax or public imposition whatever." Held, that a paving tax 
 for paving a street in front of this property is not embraced in this exemp- 
 tion. The intent of the Legislature was to exempt the property from all 
 taxes or impositions imposed for the purpose of revenue, but not to relieve 
 it from such charges as are inseparably incident to its location in regard to 
 other property. Mayor, &c. v. Greenmount Cemetery, 7 Md. 517. 
 
 Under the Act of 1797, c. 54, s. 2, the power given to the Mayor and City 
 Council of Baltimore, to tax any particular part, or district of the city, for 
 paving the streets, lanes or alleys therein, or for sinking wells, or erecting 
 pumps, which may appear for the benefit of such particular part or district, 
 is not confined to any particular description of benefit, such as the ordinary 
 benefit and advantage of paved streets. The preservation of the health of 
 8uch particular part of the city, is a benefit within the meaning and scope 
 of the act. The legality of laying such tax does not depend upon whether 
 the paving does, or does not in fact benefit the particular district paved ; but 
 upon the object, the motive, of the corporation in causing the paving to be 
 done. In an ordinance providing for such paving, and the imposition of 
 such a special tax, it is not necessary that it should be expressly stated to be 
 for the benefit of the particular district ; if nothing appeared to the contrary, 
 such an exercise of the special taxing power will be taken to have been in 
 pursuance of the authority given by the charter. But where an ordinance 
 provides for the paving of a street, &c., in a particular district, and the im- 
 position of a special tax for that purpose, on such district, which paving ap- 
 pears from the ordinance to be for the general benefit of the city, and not 
 for the benefit of the particular district, it is not in pursuance of the author" 
 ity conferred by the charter, and is void. Mayor, &c. v. Hughes' Adni'r, 1 G. 
 & J. 480. Mayor, &c. v. Moore^ 6 H. & J. 375. 
 
SUBVEYOK. 
 
 1061 
 
 Article XLVIII. — Constitution. 
 
 ARTICLE XLVIII. 
 
 SURVEYOK. 
 
 CONSTITUTION. 
 How elected : duties and compensation : vacancy. 
 
 STATUTES. 
 1. Duties and compensation. | 3. Plat of the city, evidence. 
 
 ORDINANCES. 
 
 1. Oath of office. 
 
 2. Duties required of him by City 
 
 Commissioner. 
 
 3. Duties required of him by Com- 
 
 missioners for Opening Streets. 
 
 4. Duties prescribed by Mayor and 
 
 Council. 
 
 5. Fees. 
 
 6. To keep a record: to preserve 
 
 field-notes, plats, «fec.: to re- 
 port semi-annually to Mayor. 
 
 7. Records subject to examination 
 
 by Mayor, members of Council, 
 City Commissioner and other 
 city officers : charge for exam- 
 nation. 
 
 8. Bond: return of plats, &c. to 
 
 Comptroller. 
 
 CONSTITUTION. 
 
 The qualified voters of the city of Baltimore shall, on the Art. 7.8ec.2. 
 Tuesday next after the first Monday in the month of Novem- EiecUon. 
 ber, in the year eighteen hundred and sixty-seven, and on 
 the same day in every second year thereafter, elect a Sur- 
 veyor for the city of Baltimore, whose term of office shall 
 commence on the first Monday of January next ensuing his 
 election, and whose duties and compensation shall be the Duties and 
 
 cozupeiisfttion • 
 
 same as are now, or may hereafter be, prescribed by law. 
 
1052 SURTETOB. 
 
 Article XL VIII. — Statute. — Ordinances. 
 
 Vacancy. And any vacancy in the office of Surveyor shall be filled by 
 the Mayor and City Council of Baltimore, for the residue of 
 the term. 
 
 STATUTE. 
 
 p. L.L.,art. 4, ]. Thc Mayor and City Council shall prescribe by ordi- 
 
 SBC. 865 j 1852j 
 
 c-59. nance the duties and compensation of the Surveyor, 
 
 Duties, &c. ^ "^ 
 
 P. G. L. Art. 37, 2. A copy of the plat of the city of Baltimore, from the 
 
 sec. 48 ; 1852, c. ^"^ ^ •' ' 
 
 *8- record thereof in the Mayor's office, or from the record 
 
 Plat of the city, thereof in the office of the clerk of the Superior Court of 
 
 evidence.j •■ 
 
 Baltimore City, duly certified under seal by the keeper of 
 such records, respectively, shall be evidence.* 
 
 ORDINANCES. 
 
 No. 16, s. 1, R. 1, Before entering upon the duties prescribed by this 
 
 Oath of office. Ordinance, the City Surveyor shall take the following oath 
 
 or affirmation, before the Mayor of the City of Baltimore : 
 
 I, , do solemnly swear or affirm, that I will to the 
 
 utmost of my ability, faithfully and impartially discharge 
 the duties of City Surveyor, whenever called thereto, agree- 
 ably to the ordinance to i egulate the office of City Surveyor. 
 
 Ibid, a. 2. 2. Whenever the City Commissioner shall, in pursuance 
 
 Duties required of the scvcral dutics required to be performed by him, under 
 
 of him by City , . ^ . ^ . , . 
 
 Commissioner, the provisioDS of the scvcral ordinances of the city of Balti- 
 more, contained in Art. XL VII, Streets and City Commission- 
 er, or of any other ordinance which may hereafter be passed, 
 regulating the duties of said City Commissioner, require the 
 services of a surveyor, it shall be the duty of the said City 
 
 *For the City Boundaries, see note p. 9, ante. The limits, as laid down 
 by the commissioners under the Act of 1816, c. 209, contain about 10,000 
 acres surface in land and water, and form a parallelogram of about three and 
 a half miles from north to south, and four and a half miles from east to 
 west. 
 
SURVETOB. 1053 
 
 Article XLVIIL — Ordinances. 
 
 Surveyor, to do and perform all such acts appertaining to 
 the business of a surveyor, as may be reasonably required of 
 him by the said City Commissioner, for which services he 
 shall be entitled to and shall receive compensation as fixed 
 in the table of rates contained in the fifth section hereof, 
 and which compensation shall be collected in the manner 
 now provided for in the several ordinances hereinbefore re- 
 ferred to, or which may hereafter be passed by the Mayor 
 and City Council of Baltimore. 
 
 3. Whenever the Commissioners for Opening Streets shall iMd, «. 3. 
 proceed to perform the several duties imposed upon them by Duties required 
 virtue of the ordinance of the Mayor and City Council of Bal- missioners for 
 
 , . Opeoing Streets 
 
 timore, contained in Article XL VII, Streets and City Commis- 
 sioner, which may require the services of a surveyor, it shall 
 be their duty and they are hereby required to notify the City 
 Surveyor thereof, and it shall be the duty of the City Sur- 
 veyor to do and perform all such work as may be required 
 by the said Commissioners for Opening Streets in the dis- 
 charge of their several duties, and for such work or services 
 so performed he shall be entitled to and shall receive com- 
 pensation agreeably to the rates established by the table 
 hereinbefore mentioned to be assessed and collected in the 
 manner prescribed by ordinance of the Mayor and City 
 Council of Baltimore. 
 
 4. It shall be the duty of the City Surveyor to do and iwd,*. <. 
 perform all other acts and things appertaining to the busi- Duties pre- 
 
 - . , , . „ scribed ny May- 
 
 ness 01 a surveyor, which may be required by virtue of any or and counciL 
 ordinance or resolution of the Mayor and City Council of 
 Baltimore requiring the services of a surveyor, which are 
 now in force or which may be hereafter passed, upon due 
 notice to be given to him whenever said services are needed, 
 and shall receive compensation agreeably to the rates in the 
 table herein mentioned, or which may hereafter be specially 
 prescribed by the Mayor and City Council of Baltimore. 
 
1054 SURVEYOE. 
 
 Article XL VIII. — Ordinances. 
 
 No. 69, May 80, 5. The Compensation for the duties performed by the City 
 Fees. Purveyor under this ordinance shall be as fixed by the fol- 
 
 lowing table, viz : 
 
 For surveying and establishing the lines of a lot, eight 
 dollars. 
 
 For a plat of the same, three dollars. 
 
 For surveying and establishing from two to ten adjoining 
 lots, each five dollars. 
 
 For a plat of the same, each two dollars. 
 
 For giving the line of a street in front of a building, five 
 dollars. 
 
 For establishing the grade of any street, one square, five 
 dollars. 
 
 For all over one square, each three dollars. 
 
 For profile of same, for each square, five dollars. 
 
 For paving plat, each square, five dollars. 
 
 For condemnation and benefit plats furnished to the Com- 
 missioners for Opening Streets, the rates shall be as fol- 
 lows: 
 
 For a distance as shown on the benefit plat not exceeding 
 two squares, for every front foot ordered, five cents. 
 
 For a distance, as above, more than two and not exceed- 
 ing four squares, for every front foot ordered, three cents. 
 
 For a distance as above, exceeding four squares, for every 
 front foot ordered, two cents. 
 
 For the damage plat he shall be allowed for his own servi- 
 ces ten dollars per day while engaged on it, and also an 
 additional allowance of two dollars and fifty cents per day 
 
StlBVETOE. 1055 
 
 Article XLVIII. — Ordinances. 
 
 for each assistant ; provided, that in opening any street desig- Provi«>. 
 nated on Poppleton's plat, there shall not he allowed (on 
 said damage plat) more than one day to each square to the 
 surveyor and his assistants, unless the bed of the street to 
 be opened be obstructed by improvements. 
 
 6. There shall be provided for the use of the City Sur- no. ie,8. 6,b. 
 veyor, an office, which shall be known and designated as the to keep a re- 
 
 cord, to pre- 
 
 ** City Surveyor's Office ;" and the said City Surveyor shall serve field notes 
 be required to have all memoranda, field notes and plats 
 taken and made by virtue of this ordinance, and such as 
 may be committed to his charge by any of the city officers, 
 carefully filed and preserved in said office for the use of the 
 city, whose property they are hereby declared to be ; and 
 it shall be the duty of the City Surveyor to report semi- to re^oH semi- 
 annually (in January and July,) to the Mayor what field M»yor. 
 notes (so termed) and plats are in his possession belonging 
 to the city. He shall also keep in his office a record oT all 
 the establishments made by him under the direction of the 
 City Commissioner. 
 
 7. All records, memoranda, plats and field notes herein iwa,*. ?. 
 mentioned shall at all times be subject to the inspection and Records subject 
 examination of the Mayor, the members of the City Council, byM.yor, 
 
 " ' ^ I members of 
 
 the City Commissioner, the Commissioners for Opening commlssSner 
 
 Streets, the Counselor, Solicitor and Examiner of Titles, the officer" *"'^' 
 
 Comptroller and the Register of the City ; but every other 
 
 person, after the expiration of twelve months from the time 
 
 of the deposit of any record, memoranda, or plats in said 
 
 office for such inspection, shall pay to the City Surveyor, for 
 
 the use of the city, the sum of twelve and a half cents ; and charge for ex- 
 
 *' ' ' amination. 
 
 it shall be the duty of the City Surveyor to furnish a copy of 
 any record in his office to any person requiring the same, on 
 the payment of ten cents for every one hundred words em- 
 braced in such copy. 
 
1056 SUEVEYOK. 
 
 Article XL VIII. — Ordinances. 
 
 Ibid, s. 8. 8. Before entering upon the duties of his office, the City 
 
 Bond. Surveyor shall give bond with securities, in the sum of five 
 
 thousand dollars, conditioned for the faithful performance of 
 
 Return of plats, hls duty as City Surveyor, and for the return to the Comp- 
 
 &c., to Comp- 
 troller. troUer of the City of all memoranda, field notes, plats, 
 
 copies of plats and records, made by him as City Surveyor, 
 
 or which may have been committed to his charge, whenever 
 
 the same shall be required of him by the Mayor of the City 
 
 or by the Comptroller, under the orders of the Mayor. 
 
Taxbb. 
 
 1057 
 
 Article XLIX. 
 
 ARTICLE XLIX. 
 
 TAXES. 
 
 STATUTES . 
 
 1. Corporation authorized to lay a 
 
 direct tax. 
 
 2. Powers to levy taxes defined : 
 
 provisos : exemptions. 
 
 3. Limits of direct taxation : pro- 
 
 viso. 
 
 4. Collection of taxes : enforcement 
 
 of payment. 
 
 SALE Am) REDHMPnON. 
 
 5. Sale : notice : plat. 
 
 6. Purchase money : credit. 
 
 7. Redemption : deed to purchaser: 
 
 payment to Register. 
 
 8. Owner of property : investment 
 
 in city stock, &c. 
 
 9. Redemption within a year and a 
 
 day. 
 
 10. Collector to report to judge of 
 
 Circuit Court sales of lands 
 for taxes: notice to show 
 cause : new sale : proceedings 
 in court : burden of proof. 
 
 11. Within what time taxes to be 
 
 collected, &c. 
 
 12. Penalty for collecting taxes after 
 
 four years. 
 
 13. 
 14. 
 
 15. 
 16. 
 17. 
 18. 
 
 19. 
 20. 
 21. 
 
 22. 
 
 23 
 
 24. 
 25. 
 
 26. 
 27. 
 
 28. 
 
 BRIDGES AND HIQHWATS. 
 
 Tax by Mayor and City Council. 
 How to be applied. 
 
 APPEAL TAX COURT. 
 
 Appointment of : duties. 
 
 Vacancies : compensation. 
 
 Oath. 
 
 Register to make list of holders 
 
 city stock for Appeal Tax Court 
 Duty of Appeal Tax Court. 
 Duty of Register. 
 Failure of Register to make list : 
 
 duty of Appeal Tax Court: 
 
 certificate. 
 Compensation. 
 
 COLLECTOR OF STATE TAXES. 
 
 Appointment: compensation: per- 
 centage. 
 
 Collector's bond. 
 
 Deposits to credit of treasurer : in 
 what bank: removal and suit. 
 
 Examination of books. 
 
 When Governor to appoint col- 
 lector: bond. 
 
 Levy for commissions : per cent- 
 age. 
 
 ORDINANCES 
 
 APPEAL TAX COURT AND ASSESSORS. 
 
 1. Appeal Tax Court: duties and 
 powers : bond : clerks : duties : 
 
 assessor: salaries. 
 
 2. Assessors' duties : powers. 
 
 3. Office hours ofAppeal Tax Court. 
 
1068 
 
 Taxes. 
 
 Article XLIX. 
 
 4. Notice that they will receive lists 
 
 of property of those liable to 
 taxation : time allowed for ap- 
 pealing: alterations, additions 
 or deductions : when the valu- 
 ation shall be final. 
 
 5. Statement to Comptroller o f 
 
 amount of assessable property: 
 report to Mayor. 
 
 6. To fix value of stock of corpo- 
 
 rations. 
 
 7. Clerk of Superior Court to fur- 
 
 nish list of alienations of prop- 
 erty and mortages entered on 
 record: releases of mortgages. 
 
 8. When to abate assessments: 
 
 when to close accounts : when 
 to charge to suspended ac- 
 counts. 
 
 9. When to refund taxes paid in 
 
 error : limitation: list of claims: 
 statement : alleged payment. 
 
 10. To correct errors: to make trans- 
 
 fers. 
 
 11. Persons removing into city re- 
 
 quired to give account of per- 
 sonal property liable to be as- 
 sessed: penalties. 
 
 12. Appeal Tax Court to find out 
 
 value of all property liable to 
 taxation: proviso. 
 
 13. List of rates allowed to bailiffs. 
 
 14. Bailiffs to act as assessors: salary. 
 
 15. Judges of Appeal Tax Court con- 
 
 stituted a board of arbitration: 
 clerk: record: 
 
 16. Decisions not to conflict with ex- 
 
 isting laws, &c. 
 
 17. To investigate cases of dispute 
 
 and report to Mayor. 
 
 18. Cases in which decisions of board 
 
 shall be final : bond. 
 
 19. Board empowered to investigate 
 
 cases of grievance by any offi- 
 cer of city. 
 30. Mayor authorized to fill vacan- 
 cies. 
 
 21. Faith of city pledged to exemp- 
 
 tion of city stock from taxa- 
 tion. 
 
 PERMITS TO KBECT BUILDINGS. 
 
 22. Permit for each house. 
 
 23. Penalty : duty of bailiffs. 
 
 24. Plats of ground to be improved. 
 
 25. No charge : record to be kept. 
 
 26. Refusing to show permit to offi- 
 
 cer: penalty. 
 
 27. Police to see that permits are ap- 
 
 plied for. 
 
 COLLECTOB. 
 
 28. Appointment : bond : conditions : 
 
 payment to Register: state- 
 ment under oath. 
 
 29. Term of office. 
 
 30. Removal from office : delivery of 
 
 money, books, &c., to Register : 
 when Register to act as Col- 
 lector. 
 
 31. Charges against Collector: sus- 
 
 pension: answering. 
 
 32. When Mayor to convene Coun- 
 
 cil. 
 
 33. Books for ensuing year. 
 
 34. Accounts for collection: pay- 
 
 ments, insolvencies, abate- 
 ments and transfers : accounts 
 of tax payers. 
 
 35. Deposits in bank: when Register 
 
 to draw money. 
 
 36. Notice : publication : tax bills. 
 
 37. Taxes on real estate, personal 
 chattels, &c.: discounts. 
 
 38. Enforcement of payment. 
 
 39. Discounts : when interest added 
 
 40. When bills to be delivered : no- 
 
 tice on bills: bailiffs: memo- 
 randum : notice to be pub- 
 lished. 
 
 41. To draw on Register for ex- 
 
 penses, &c.: duty of Register. 
 
 42. Distress, &c., for State taxes. 
 
 43. Jurors' orders, how received. 
 
 44. Distraining : post office. 
 
Taxes. 
 
 1059 
 
 Article XLIX.— Statutes. 
 
 45. Surveyor's fees: proviso: fees 
 
 and commissions. 
 
 46. Charge, pro rata. 
 
 47. Lots of ground: when to sell 
 
 leasehold interest : proviso : 
 when to sell fee simple: pro- 
 viso : notice of lease. 
 
 48. Auction fees, &c.: credit of year 
 
 and day: deed : balance of pur- 
 chase money: investment in 
 city stock: Register to take 
 charge of certificates. 
 
 49. Redemption within a year and a 
 
 day: interest: refunding to 
 purchaser. 
 
 50. Paving tax : enforcing payment. 
 
 51. Paving contractors: commis- 
 
 sions. 
 
 52. Paving tax : plat : lien : how tax 
 
 collected. 
 
 53. When Collector to notily parties 
 
 assessed for benefits: six 
 months : enforcement of pay- 
 ment. 
 
 54. Opening streets : deeds : balance 
 
 of purchase money to Register. 
 
 55. City Commissioner to issue war- 
 
 rant: paving, &c., footways: 
 lien : list of persons assessed : 
 bills : thirty days. 
 
 56. Lists of property sold for taxes: 
 
 book in Collector's office open 
 to inspection. 
 
 57. Title to property: examination: 
 
 certificate: Examiner of Titles. 
 
 58. State taxes. 
 
 59. Salaries and officers: salaries: 
 
 compliance with ordinances : 
 Collector responsible. 
 
 60. Collector of State Taxes: com- 
 
 missions. 
 
 COMPTROLLER. 
 
 61. Duty of Comptroller: certificate 
 
 from Collector. 
 
 62. Description of lots condemned 
 
 for opening streets, «&c., to be 
 furnished Appeal Tax Court: 
 lots bought or sold by city. 
 
 LIMITS OF DIRECT TAXATION. 
 
 63. Direct tax line. 
 
 STATUTES. 
 
 1. The Ma_yor and City Council of Baltimore are hereby i874,c.i8o. 
 authorized and empowered to levy annually upon the asses- Authority to 
 
 « , . , ,. . 1 i. ,1 lerya direct 
 
 sable property of the city, by direct tax, with lull power to tax, 
 provide by ordinance for the collection of the same, such sum 
 of money as may be necessary, in the judgment of the said 
 Mayor and City Council, for the purpose of defraying the ex- 
 penses of said corporation over and exclusive of all expenses, 
 charges and sums of money which tlio said Mayor and City 
 Council are, or shall be, required by inw to collect for other 
 purposes.* 
 
 I 
 
 * Const. Art. 3, sec. 51, provides that: the personal property of residents 
 of this State shall be subject to taxation in the county or city where the re- 
 sident bona fide resides for the greater part of the year, for which the tax 
 
1060 Taxes. 
 
 Article XLIX. — Statutes. 
 
 1866, c. 119. 2. The Mayor and City Council of Baltimore are hereby 
 
 Powers to levy empowered to levy and collect taxes upon every description 
 
 taxes defined. '^ •' i • \. , . 
 
 of property found within the corporate limits of said city, 
 which they are now authorized by law to levy taxes upon for 
 the purpose of defraying the expenses of the municipal gov- 
 ernment, whether the owners thereof reside within or without 
 
 Proviso. the limits of said corporation ; provided, that no 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 such 
 limits, shall be subject to taxation for the purpose above set 
 
 Proviso. forth ; and provided further, that no authority is given by this 
 
 act to impose taxes on any property which is now or may 
 
 Exemptions, 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 Bal- 
 timore for temporary purposes. 
 
 1874. c. 39. 3. They may extend the limits of direct taxation within 
 
 Limits of direct the Said city from time to time, as they shall deem it ex- 
 
 taxation. "^ •' 
 
 pedient. 
 p. L. L. art. 4, 4. The Mayor and City Council have power to provide by 
 
 8GC. o7o. 
 
 Collection of Ordinance or otherwise for the prompt collection of taxes due 
 Enforcement of the city, and havc power to sell real estate, as well as personal 
 property, for the payment of taxes.* 
 
 may, or shall be levied, and not elsewhere, except goods and chattels per- 
 manently located, which shall be taxed in the city or county where they are so 
 located. 1863, c. 251, explained by 1865, c. 119. (sec. 2 above,) was intended 
 to subject to city taxation every species of property actually situate within 
 the city, notwithstanding the residence of the owner might be elsewhere. 
 Ins. Co. V. Mayor, <&c., 23 Md. 296. 
 
 * Taxes levied for the city of Baltimore on real estate, prior to 1840, c. 63 
 [sec. 4, above,] were not liens on the land where there was a sufficiency of, 
 personal property on the premises taxed to pay the same. Dallam et. al. v. 
 Oliver's ex'rs. 3 Gill, 445. Mayor, &c., v. Clum, 2Q.&J. 376. 
 
 The ordinance of the city of Baltimore authorizing the sale of real estate 
 
Taxes. 1061 
 
 Article XLIX.— Statutes. 
 
 SALE AND REDEMPTION. 
 
 5. Whenever it shall become necessary to sell any part or 1 878,0,227 -, 
 
 *' . '*»*2, c. 148. 
 
 parcel of ground in the city of Baltimore, improved or unim- saie. 
 proved, for the payment of any taxes or assessment of any 
 nature or kind whatever, levied or charged, the Collector shall 
 first give notice by advertisement published once a week for Notice. 
 four successive weeks in two of the daily newspapers published 
 in said city, one of which shall be in the German language, 
 that he will sell at public auction on the day in the said ad- 
 vertisement mentioned ; said notice shall state the name of 
 the person or persons, when known, to whom such parcel of 
 ground is assessed, the amount of taxes due on the same, and 
 what improvements, if any, are on said parcel of ground, and 
 in any such notice it shall be sufficient to describe the parcel 
 of ground as located upon whatever official plat of the city p^t 
 the said Mayor and City Council of Baltimore shall from time 
 to time adopt and designate for the purpose. 
 
 6. The Collector shall require the purchaser of such prop- pl. L..art. 4, 
 erty on the day of sale, or the day next succeeding, to pay on i48*. 
 account of said purchase the amount assessed or taxed on the purchase 
 
 lot so sold, together with all costs and charges, and no more, """"'' 
 and the residue of the purchase money shall remain on a credit, 
 credit of one year and a day. 
 
 7. If the pr9perty so sold shall not be redeemed at the ex- ibia, s. ere, 
 piration of a year and a day from the day of sale, the Collector Redemptiok. 
 shall, when required, and on payment of the full amount of 
 
 to pay taxes due the city is a legitimate exercise of the power conferred by 
 the Act of 1840, c. 63, [sec. 4, above,] and makes the taxes a lien on the 
 realty as much as a judgment at law. Eschbach v. Pitts, 6 Md. 71. 
 
 * The office of auditor, created by Ord. No. 58, June 18, 1853, and supple- 
 ments thereto, and 1858, c. 369, was finally abolished by Ord. No. 6, Feb. 
 28, 1861, and Res. No. 16, Mar. 1, 1862, and its duties confided by the Act of 
 1862, c. 148, to the collector or other officer on whom they may be conferred 
 by ordinance of the Mayor and City Council. 
 
1062 
 
 Taxes. 
 
 Article XLIX.— Statutes. 
 
 Deed to pur- the purchase money, execute a deed for the same to the pur- 
 
 CQ&sor* 
 
 Payment to Re- chaser, and the balance of the purchase money so received 
 by him shall be paid to the City Register. 
 
 Ibid, 8. 87T, 8. If it shall appear that the owner of the said lot or par- 
 
 1862, c. 148. *^r r 
 
 Owner of prop- ccl of ground, prior to the execution of the deed for the same 
 by the Collector, cannot after reasonable effort be found, or 
 
 Investment in 
 cit/ stock, &c. 
 
 Ibid, 8. 878. 
 1862, c. 148. 
 Redemption 
 witbin a year 
 and a day. 
 
 shall refuse to receive said balance of money, then in either 
 case the City Register shall invest the same in any public debt 
 of the State of Maryland or city of Baltimore, and shall safely 
 keep the same, and from time to time collect the interest due 
 thereon, and invest the interest from time to time in the said 
 stock. 
 
 9. 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 pay- 
 ing or tendering in payment to the Collector the whole amount 
 of money received by such Collector from the sale of the lot 
 or parcel of ground required to be released, 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 Collector delivered or tendered to the purchaser, whose 
 right in the property so purchased shall thenceforth cease and 
 determine. 
 
 1874, c. 483, S 
 61 
 
 gort to judge of 
 ircuit Court 
 sales of lands 
 for taxes. 
 
 10. In all cases where lands held in fee simple or by lease 
 Collector to re- have been sold, or shall be sold, for pavment of taxes in arrears, 
 according to the provisions of existing laws, it shall be the 
 duty of the Collector of Taxes to report the said sale, together 
 with all the proceedings had in relation thereto, to the Circuit 
 Court of the county where said lands are situate, or when said 
 lands are situate in the city of Baltimore, to the Circuit Court 
 of said city. The court to which such report shall be made 
 
Taxes. 1063 
 
 Article XLIX.— Statutes. 
 
 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 adver- iVotice to show 
 
 cauM. 
 
 tisement 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 R»aficationef 
 be shown against the said ratification, the said sale shall, by ohwer't utio. 
 order of said court, be ratified and confirmed, and the pur- 
 chaser shall, on payment of the purchase money, have a good 
 title to the property 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 Collector shall proceed to Newiaie. 
 a new sale of the property and bring the proceeds into court, Proceodings in 
 
 court. 
 
 out of which the purchaser shall bo repaid the purchase money 
 paid by him to the 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 cost of the 
 proceedings; but such sale shall not be set aside if the pro- 
 visions of law shall appear to have been substantially complied 
 with, and the burden of proof shall be on the exceptant, to Burden of proof, 
 show the same to be invalid under the law.* 
 
 *This section is a re-enactment of section 63 of the Act of 1872, c. 384, 
 which repealed and re-enacted the Act of 1870, c. 312, on the same subject. 
 
 The order required by the Act of 1870, c. 312, to be given by the court 
 upon the report of a sale of land for taxes in arrears, warning all persons 
 interested in the property sold to appear by a day certain and show cause, 
 if any they have, against its ratification, is not final and conclusive. Irre- 
 
1064 Taxes. 
 
 Article XLIX.— Statutes. 
 
 1861, c. 94,8. 1. 11. AH taxes now levied, or which hereafter may be 
 Within what levied in the city of Baltimore, shall be collected within four 
 
 time taxes to be n • /. 
 
 collected, &o. years from the levying of the same ; and the collection or 
 taxes shall not be enforced by law after the lapse of said 
 four years, and the party from whom said taxes may be de- 
 manded may plead this section in bar of any recovery of the 
 same. 
 ibid,8.2. 12. Any person enforcing or attempting to enforce the 
 
 Penalty for col- collcction of any tax after the lapse of four years, as provi- 
 
 lecting taxes , , 
 
 after four years, ded in the preceding section, 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. 
 
 gularities upon the face of the proceedings in relation to such sale are open 
 to examination at the final hearing for ratification. Co. CorrnnWs. P. Qeo^s. 
 Co.<&c., V. Clarke et al, 36 Md. 207. 
 
 Sections 874, [now 1878, c. 237,] 875, 876 and 878, of Article IV, of the 
 Public Local Laws, [sections 5, 6, 7 and 9 of this article,] relating to taxes in 
 the city of Baltimore, are not repealed by the Act of 1872, c. 384, nor by the 
 Act of 1874, c. 483, entitled an Act to repeal art. 81 of the Code of Public 
 General Laws, entitled Revenue and Taxes, and to re-enact the same with 
 amendments. Although it may be well, always in the notice of sales for 
 taxes, to state the time within which the debtor may redeem, there is noth- 
 ing in the law which requires it, and the omission to insert it, or if inserted 
 a mis-statement of the time would not aff'ect the validity of the sale. 
 
 The Local Law applicable to the city of Baltimore does not direct where 
 sales for taxes shall take place. A notice which states that the sale will 
 take place at the Courthouse door " or at such otiier place as may Iwreafter be 
 designated" is fatally defective. In the notice of sale both time and place 
 of sale should be certain and fixed. 
 
 Section 63 of the Act of 1872, c. 384, requiring reports of sales to be 
 made to the court by the Collector of Taxes, provides, that the judge shall 
 examine the proceedings, and if they appear to be regular shall order notice 
 to be given by advertisement, &c., and if no cause be shown against the 
 ratification, the sale shall be ratified and confirmed, " but if good cause, in 
 the judgment of said court, be shown in the premises the said sale shall be 
 set aside. Held: that the judge may set aside such sale without said notice 
 by advertisement, if he find, upon the preliminary examination, that the 
 proceedings are not regular and in conformity with law. Exparte in the 
 matter of the Tax Sale of Lot 172, &c., 42 Md. 196. 
 
Taxes. i 1065 
 
 Article XLIX.— Statutes. 
 
 BRIDGES AND HIGHWAYS. 
 
 13. The Mayor and City Council may lay and collect a p.|l. l. art. 4, 
 direct tax, not exceeding fifty cents in the hundred dollars, xax'.by Mayor;; 
 
 and Council. 
 
 on the assessed value of all lands and houses in said city, 
 lying without the limits of direct taxation and within the 
 exterior limits of said city, and may enforce the payment 
 thereof as other direct taxes, and the tenants in possession 
 shall be liable to the payment of said tax imposed upon the 
 premises occupied by them, without its operating, however, to 
 alter the nature of contracts between landlords and tenants. 
 
 14. The taxes thus levied, after deducting the expenses iwd, 8.137. 
 of collection, shall be annually applied in making and re- how to be>p. 
 
 plied. 
 
 pairing such of the public highways and bridges within the 
 limits whereon the same is levied as they may deem most 
 important, and they may provide by ordinance for the col- 
 lection and expenditure thereof. 
 
 APPEAL TAX COURT. 
 
 15. The Mayor and City Council of Baltimore shall an- 1874, c. i83, s. 
 nually appoint a board to consist of at least three persons, Appointment of 
 to be styled the Appeal Tax Court, who shall meet from 
 
 time to time, for the purpose of hearing appeals and making Duties, 
 transfers and correcting the accounts of assessable property 
 charged to tax payers, and the assessment thereof; the said 
 Mayor and City Council may also appoint such number of 
 assessors as they may deem necessary in investigating and 
 ascertaining all omitted property, and assessing and return- 
 ing the same to the Appeal Tax Court. 
 
 16. The Mayor and City Council shall fill all vacancies ibid, s. u. 
 in said Appeal Tax Court, as soon as practicable after any may vacancies, 
 happen therein, in the manner provided for in such cases of 
 vacancies of other city officers ; and the members of said 
 
1066 Taxes. 
 
 Article XLIX.— Statutes. 
 
 Compensation, board shall receivc such compensation as the Mayor and City- 
 Council shall provide, to be paid by the city. 
 
 Ibid, ■.15. 17. The persons appointed to compose said Appeal Tax 
 
 Oath. Court, and the said assessors, shall, before they enter upon 
 
 the performance of their duties, take an oath before the 
 Mayor of Baltimore City that they will well and faithfully 
 perform the duties required by law, without favor, affection 
 or partiality. 
 
 Ibid, 8. 00. 18. The Kegister of the City of Baltimore shall, within 
 
 Register to onc mouth after the first day of April, annually, make out 
 
 make out list of 
 
 holders of city and dclivcr to the Appeal Tax Court for the city of Balti- 
 more, a full and accurate list of the holders of the stock 
 loans of said city, on the first day of April in the year for 
 which said list is made, showing the several amounts held 
 by the said stock-holders respectively. 
 
 Ibid, 8. 01. 19. The said Appeal Tax Court shall in each year care- 
 
 Duty of Appeal fully examine the said list, and correct the same, by striking 
 
 Tax Court. 
 
 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 June, annually, deliver one copy of the said list, as 
 corrected by them, to the said Register, and one copy thereof 
 to the Comptroller, setting forth distinctly in said copies the 
 assessed value of the stock mentioned therein. 
 
 Ibid, 8. 93. 20. The Register of the City of Baltimore shall, on the 
 
 Duty of Regis- first day of July in each year, set apart and pay over to the 
 Treasurer of this State, out of the funds in his hands for the 
 payment of the interest becoming annually due and payable 
 on the first day of July, the State tax imposed by article 81 
 of Public Greneral Laws, on all that part of said stock loan 
 included in the said corrected list returned to him by the 
 Appeal Tax Court, and shall deduct from the interest due 
 and payable thereon, to each holder of said stock, his pro- 
 portion of the amount so retained and paid to the Treasurer. 
 
Taxes. 1067 
 
 Article XLLX.— Statutes. 
 
 21. If the said Register shall at any time fail to make iMd, •. «. 
 out and deliver to the Appeal Tax Court the list of holders FaUure of Re- 
 of the said stock loan, as herein required, it shall be the i»8t. 
 duty of the Appeal Tax Court to ascertain in such manner Duty of Appeal 
 
 Tax Court. 
 
 as they may deem most accurate, the amount of said stock 
 loans of the city of Baltimore, outstanding on the first day 
 of April in the year in which such failure or refusal shall 
 take place, and on or before the first day of June 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 said Begister, and one 
 copy thereof to the Comptroller of the State ; and the Reg- 
 ister shall thereupon set apart and pay the tax aforesaid, 
 and deduct the same from the interest as aforesaid ; but the 
 said Register shall not be required to set apart and pay over the 
 said tax on any part of said stock loans which he may satisfy 
 the Comptroller by a certificate to that effect signed by the certiacato. 
 Appeal Tax Court, or by other satisfactory evidence, was 
 held on the first day of April in the year for which the tax 
 may become due, by any person entitled under the laws of 
 this State to hold the same free from taxation. 
 
 22 Each member of the Appeal Tax Court shall receive ibid, ■. 94. 
 fifty dollars, annually, for the service required in the preced- compensation, 
 ing sections; and the Register of the City of Baltimore the 
 sum of three hundred dollars for the services therein required 
 of him ; the said sums to be paid by the Treasurer on the 
 warrant of the Comptroller.* 
 
 * For additional duties of Appeal Tax Court and County Commiasioners 
 see the Act of 1874, c. 483, see also the Act of 1878, c. 178, as to duties of 
 State Tax Commissioner and Appeal Tax Court in re-assessing property, and 
 valuing the stock and real estate of corporations. 
 
1068 Taxes. 
 
 Article XLIX. — Statutes. 
 
 COLLECTOR OF STATE TAXES. 
 
 1874. c. 483, 23. The Mayor and City Council shall, on or before the 
 
 Appointment, third Tuesday in April in each year, or as soon as thereafter 
 may be, appoint one collector for Baltimore city, for the col- 
 lection of all State taxes levied or to be levied for the current 
 year ; and it shall not be lawful for the municipal authori- 
 ties of said city to provide any fixed annual or other stated 
 compensation for the collection of the State taxes, or a salary 
 of any kind, to the said Collector for his services in collect- 
 ing the State taxes, otherwise than by a per centum on the 
 amount of his collections, as contemplated in section 28 
 hereof. 
 
 Ibid, 8. 32. 24. Every collector of State taxes in the city of Balti- 
 
 Bond. more, before he acts as such, shall give a bond to the State 
 
 of Maryland in a 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 
 
 ofl&ce, and shall account with the 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 obliga- 
 tion to be void, otherwise to remain in fall force and virtue 
 in law. The said Collector's bond, when approved by the 
 Eecord of bond, 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 Comptroller of the treasury. 
 
 Ibid, 8. S3. 25. Every collector of State taxes in the city of Balti- 
 
 Deposits to more shall make daily deposits of such sums of money as he 
 
 credit of treas- . 
 
 «»«• 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 
 
Taxes. 1069 
 
 Article XLIX.— Statutes. 
 
 some bank in said city which pays to the State the bonus or in what bank. 
 
 school tax, as provided by law, to be designated by the said 
 
 treasurer, and shall send to the treasurer a statement of the sutements. 
 
 amount so deposited within the first ten days of each month, 
 
 with a certificate of the bank that the same is so deposited, 
 
 and on failure to make such daily deposits and to send such 
 
 certificate, he shall, on proof thereof to the satisfaction of 
 
 the Governor, be liable to removal from office by the Gover- Remoraiand 
 
 nor, and the Comptroller shall immediately enter suit upon 
 
 his bond. 
 
 26. The Treasurer of the State may make weekly exami- ibid,8.3i 
 nation of the books of the collector of State taxes in Balti- Examination of 
 more city, whose books shall always be open to such inspec- 
 tion. 
 
 27. If there be no collector of State taxes qualified andiwd.s.as. 
 compensated in conformity with the foregoing provisions in when oover- 
 said city by the fifteenth day of May in any year, the Gov- coUectS'.'^ ° 
 ernor shall appoint from any part of the State a collector for 
 
 the said city, who shall give bond, with sureties to be ap- Bond, 
 proved by the Governor, and be in all respects on a footing 
 with other State Collectors' bonds, as provided in Article 81, 
 P. G. L., and the said Collector shall have all the powers of 
 other Collectors. 
 
 28. The Mayor a^d City Council of Baltimore shall levy ibid.a. «r. 
 upon the city of Baltimore such commission as will in its Levy for com 
 judgment insure a speedy collection of said taxes, not exceed- 
 ing two per centum on the amount, to be placed in the hands percentage. 
 of said Collector for the city of Baltimore, said commission 
 
 to be levied for the use of said Collector, and to be collected 
 as other charges are collected.* 
 
 *Thi3 act of 1874, c. 483, repeals article 81, Revenue and Taxes, Public 
 General Laws, and all acts or parts of acts inconsistent witli its provisions, 
 and revises and codifies the Revenue Law of the State. See this Act for 
 
1070 
 
 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 ORDINANCES. 
 
 No. iB, Feb. SI, 
 »5»:No. 27, Apl. 
 1, '64; No. 65, 
 Oct. 33, '65; No. 
 85, July 1, '68; 
 No. 20, Feb. 28, 
 11; No. 30, Mar. 
 17, '71; No. 6, 
 Jan. 13, '71 : No. 
 21, Apr. 4, '73. 
 Appeal Tax 
 Court. 
 Duties and 
 powers. 
 
 Bond. 
 
 Clerks. 
 
 Duties. 
 
 Salaries. 
 
 APPEAL TAX COURT AND ASSESSORS. 
 
 1. Annually, in the month of February, there shall be 
 appointed as other city officers are appointed, three sensible 
 and discreet persons to constitute and be styled the Appea,l 
 Tax Court, upon whom shall devolve all the duties and 
 powers provided by the several Acts of Assembly and the 
 ordinances relating to the valuation and assessment of taxable 
 property ; which said persons shall be appointed and com- 
 missioned, and shall give bond for the faithful discharge of 
 their duties, as other officers of the city, in such amount as 
 the Mayor may approve. There shall also be appointed at 
 the same time, and in the same manner, a clerk of the Ap- 
 peal Tax Court, who shall, by virtue of his appointment, be 
 one of the assessors of tax, and shall perform such other 
 duties as the Appeal Tax Court may require. There shall 
 also be appointed one assessor, besides the one who shall be 
 appointed clerk. There shall also be appointed an assistant 
 clerk to the Appeal Tax Court, whose duties shall be such 
 as may from time to time be prescribed by the judges of 
 said court. The salary of said judges shall be each eighteen 
 hundred dollars per annum. The salarv of their clerk as 
 such, as assessor and as clerk of the board of arbitration, 
 shall be sixteen hundred dollars ; the salary of the assessor 
 shall be fourteen hundred dollars per annum ; and the salary 
 of the assistant clerk shall be twelve hundred dollars ; and 
 in consideration of the sums named, each of said officers 
 shall be required to perform all the duties imposed on them 
 
 general provisions applicable as well to counties as to the city of Baltimore ; 
 see also the Act of 1876, c. 340, (which amends this Act of 1874, c. 483,) and 
 the Act of 1876, c. 260, which provides for the general valuation and assess- 
 ment of property in the State, and the Act of 1878, c. 413, which amends the 
 preceding acts. The Act of 1878, c. 380, prescribes the rate of levy of State 
 taxes. 
 
Taxes. 1071 
 
 Article XLIX. — Ordinances. 
 
 by the provisions of this ordinance, or any duties hereafter 
 required of them by the Mayor and City Council. 
 
 2. The assessors of tax shall, under the direction of the ibid, 1.2. 
 Appeal Tax Court, assess all the property in the city of Bal- Assessor*' du- 
 timore, or so much thereof as the said court may deem ne- 
 cessary, at its cash value, in conformity with the provisions 
 of the several Acts of Assembly and ordinances in relation 
 thereto. The said assessors shall have and exercise all the Powers, 
 powers granted to assessors under said Acts of Assembly and 
 ordinances. 
 
 3. The judges of the Appeal Tax Court shall, with their no. m, Apr. 24, 
 clerks, meet at their office daily at 9 o'clock A. M., and re- omce hours of 
 main until 3 o'clock P. M., to attend to the duties re- c^im' 
 quired of them by the ordinances of the Mayor and City 
 
 Council of Baltimore. 
 
 4. The judges of the Appeal Tax Court shall give public no. 22, s. 3. 
 notice at least two weeks previous to the first Monday in Notice that th«y 
 March, annually, in all the daily papers of the city, that iist« of prop- 
 they will receive from all persons liable to taxation, true [[^oio «»»•«»- 
 and correct lists of all their property, both real and personal, 
 
 except such as may be exempt from taxation, until the first 
 Monday in June, and at the expiration of said term the 
 assessors shall ascertain, value and assess, agreeably to their 
 best judgment, the property liable to taxation of all such 
 persons as have failed to render a list of the same, and the 
 property so assessed is that which shall be held by, or in the 
 possession of, the person or persons to whom it may be 
 assessed on the first day of March in each and every year. 
 After the assessors shall have completed the valuation as Time .iiowed 
 aforesaid, and on or before the first day of November, the *"" "pp"' "'«'• 
 Appeal Tax Court shall give at least two weeks notice of 
 the same in all the daily papers of the city of Baltimore, 
 and require all persons who may feel themselves aggrieved 
 
1072 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 by the valuation and assessment aforesaid to appeal ; and 
 
 any aggrieved person or persons may, on or before tbe first 
 
 Alterations, »d- Mondav in December, appeal to said court ; and alterations, 
 
 ductions. additions, or deductions may be made, although there be no 
 
 appeal, if the Appeal Tax Court shall deem such alterations 
 
 When the vai- requisite : and the valuation of the property as it shall ap- 
 
 nation shall be ^ ' f f J f 
 
 *'»'• pear upon the assessors' books on the first Monday in March, 
 
 shall be final and conclusive, and constitute the basis upon 
 which the taxes for the ensuing year shall be assessed and 
 levied. 
 
 ibid,i.4. 5. On the first Monday in March in each and every year, 
 
 statement of it shall be the duty of the Appeal Tax Court to render to 
 
 amount of as- 
 
 'err^o^om Comptroller, in writing, a statement of the whole 
 
 troiier. amouut of asscssablo property on which taxes may be levied, 
 
 and a detailed written statement showing the amounts of 
 the additional assessments made on which taxes have not 
 been levied for the preceding year ; it shall also be the duty 
 Kepwtto of the Appeal Tax Court to make a written report, in detail, 
 to the Mayor, on or before the first Monday in March, an- 
 nually, showing the amount of assessable property abated 
 during the preceding year, and the amount which is to be 
 placed to the credit of the collector for said abatements, to- 
 gether with the amounts ordered to be charged to suspended 
 accounts ; and on the same day make up a statement of the 
 assessable property of the city, and sign and enclose the 
 same to the Comptroller of the Treasury of the State of 
 Maryland. 
 
 Ibid, 8. 5, 6. Upon the application of any bank, insurance company, 
 
 JuytkJt'^^tpl ^^ ^*^^^ private corporation, the Appeal Tax Court may 
 lations. make such arrangements with said banks, insurance com- 
 
 panies or private corporations, in an equitable manner, so as 
 to fix the value of the stocks of each corporation on the first 
 day of March annually, on which the taxes may be paid by 
 the corporation without resort to individual stockholders. 
 
Taxes. 1073 
 
 Article XLIX. — Ordinances. 
 
 1. The clerk of the Superior Court of Baltimore City iwa, s. 6. 
 
 shall annually, between the first day of January and the cierk of supe- 
 rior Court to 
 
 first day of February, make out for and deliver to the Ap- '""ish iist of 
 
 •' *' ' ^ alienations of 
 
 peal Tax Court a list of alienations of real, leasehold, house- Srortg'age8"en. 
 hold and other property in said city entered on record dur- ^^^^"^ °° '^*'^°' ' 
 ing the past year from incorporated institutions to individ- 
 uals, and all mortgages given in favor of residents of the 
 city of Baltimore, and a list of releases of such mortgages Releases of 
 
 mortgages ■ 
 
 as had previously been reported to the Appeal Tax Court. 
 
 8. The Appeal Tax Court are authorized to abate assess- iwd, «. ?. 
 ments on the books whenever the Collector shall on his affi- when to abate 
 
 . ... . . assessments. 
 
 davit declare that in his judgment and opinion the taxes so 
 reported cannot be collected, or upon other satisfactory evi- 
 dence, the Appeal Tax Court shall direct the Collector to when to close 
 
 accounts. 
 
 close up said accounts on his books. And the said Collector 
 may present to the Appeal Tax Court any account on his 
 books, the collection of which, in his opinion, is deemed 
 doubtful, and upon the declaration of the Collector that dili- 
 gent inquiry has been made in reference to such account, 
 then the amount shall be charged to suspended accounts for whentocharge 
 
 .,.,, , iii ■irn**' suspended ac- 
 
 the year m which the taxes were due ; and the Appeal Tax counts. 
 Court may give such directions as may be deemed best cal- 
 culated to secure the payment of any or all such accounts, 
 and so much thereof as may be collected shall be credited on 
 the suspended accounts. 
 
 9. It shall be the duty of the Appeal Tax Court to ex- no. ss, June n, 
 amine into all claims for a return of taxes alleged to have Refunding taxes 
 been paid in error, and it upon examination by the Appeal 
 
 Tax Court it shall clearly appear that such claim or claims 
 are well founded, and that such taxes have been paid errone- 
 ously, the court may direct the Register by order or orders 
 in writing to refund or repay the same, and shall reject all 
 such claims as may be considered doubtful or not well 
 
1074 
 
 Tajceb. 
 
 Article XLIX. — Ordinances. 
 
 Statement. 
 
 Alleged pay- 
 ment. 
 
 Limitation. founded, provided not more than four years have elapsed from 
 the first day of May in the year in which the levy was made 
 for said taxes to the time application is made for the refund- 
 ing of the same. And the Appeal Tax Court shall keep a 
 
 List of claims, corrcct list or account of all claims for taxes presented to or 
 examined hy said court, which shall contain the name or 
 names of the person or persons presenting such claims, and 
 the amount of each, including those rejected, and transmit 
 a copy thereof annually in February, setting forth those al- 
 lowed as well as those rejected, with the reason for rejecting 
 the same, and upon the representation of any taxpayer that 
 he or she has paid the taxes for which the Collector has de- 
 manded payment, the Appeal Tax Court are hereby author- 
 ized to investigate the case, if the party shall declare his or 
 her receipt has been destroyed or lost, and if undoubted 
 proof or satisfactory evidence is given that the said bill has 
 been paid, the claim shall be abated. 
 
 No 23,8. 9, Feb. 10. The Appeal Tax Court may correct errors discovered 
 
 21, '59. . . 
 
 To correct ou the asscssmcnt books in the description of property, in 
 
 errors. 
 
 the ownership of property, and errors in calculations, may 
 make deductions in whole or in part, in cases of loss by fire, 
 or of perishable property, where satisfactory evidence of 
 To make trans- such loss is givcu. Said Appeal Tax Court may make trans- 
 fers of property if the taxes are paid up to and including 
 the year in which the transfer is proposed to be made. In 
 case of sale or transfer it shall be the duty of the Appeal 
 Tax Court to interrogate the person or persons, on oath, in 
 reference to acquisitions or investments made by persons ap- 
 plying for transfers or abatements, and the amount of such 
 acquisitions in any description of security shall be added to 
 the assessable property of the person so applying, and if the 
 party making application refuse to answer, no allowance 
 whatever shall be made. 
 
 fers. 
 
 i 
 
Taxes. 1075 
 
 Article XLIX. — Ordinances. 
 
 11. Every person who shall remove to the city from the iMd.s. lo. 
 county, district or city in which his or her property is or Persons remov- 
 may have been valued, or from any other place without the quired to give 
 
 •' } >i k account of per- 
 
 State, and where personal property shall not have been val- ifa^/e ^"ErM 
 ued in said city, shall give, and he, she or they are hereby *****'' 
 directed and required to give to the Appeal Tax Court a 
 full account of his, her, or their personal property in said 
 city liable to be assessed in said city, and the name of the 
 person to whom any property owned by them, or under their 
 control, or management belongs ; and any person refusing 
 to give such account after ten days' notice shall be subject 
 to the penalties imposed on persons refusing or neglecting to Penalties, 
 account to assessors as herein provided. And the Appeal 
 Tax Court shall direct the assessors to proceed to value the 
 property for such sum as they may believe the same to be 
 worth, and record the same on the assessors' books. 
 
 12. It shall be the duty of the Appeal Tax Court and the iMd, ». n. 
 assessors of tax to inform themselves by all lawful ways and Appeal Tax 
 
 *' ^ • Court to find out 
 
 means, in such manner as they may deem best, in reference pe^y uaSu to"* 
 to all property in the city liable to taxation, and which may ***"**'°- 
 have escaped, or which may have been omitted in the regular 
 course of valuation, and the assessors shall value such pro- 
 perty, and record the same on the assessment books ; pro- Proviso, 
 vided no person shall be assessed unless they own or possess Limit, 
 property to the value of fifty dollars. 
 
 13. The Appeal Tax Court shall prepare a list of the iwd, s. 12. 
 rates allowed by law to bailiffs in the Collector's office, and List of rates ai- 
 
 '' ' lowed to bailiffs. 
 
 specify the ciises wherein bailiffs are allowed by law to make 
 an additional charge on the tax bills as made out by the Col- 
 lector. The rates and other regulations for bailiffs shall be Bailiffs' rates to 
 printed, and placed in the office of the Appeal Tax Court, 
 and in conspicuous places in the Collector's office. 
 
 14. The bailiffs appointed by the Collector shall have and No. 34, May 31, 
 
 ^^ •' '65; No. no, Oct. 
 
 exercise, under the direction of the Appeal Tax Court, all 26, '73 ; no. 31, 
 
 ' ^^ ^ Mar. 29, '76, 
 
1076 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 Collector's bail- the powers of assessors, as provided in this ordinance, and 
 
 iffs to act as as- . . in ^ • i 
 
 sessors, for their services as assessors they shall each receive the sum 
 
 Salary. of two hundred and twenty-seven dollars and twenty-seven 
 
 cents per annum, payahle monthly ; provided, not more 
 than twenty-two bailiffs shall be so employed. 
 
 No. 22,8. 13, 15. The judges of the Appeal Tax Court, as provided in 
 Judges of Ap- the first section of this ordinance, are hereby constituted and 
 
 peal Tax Court 
 
 constituted a established a board of arbitration, for the purpose of adiust- 
 
 board of arbi- ' *■ •■■ "^ 
 
 tration. j^g a,nd Correcting matters at issue or in dispute, wherein 
 
 the city is one of the parties, in such cases as are or may 
 
 Clerk. hereafter be provided. The clerk of the Appeal Tax Court 
 
 shall also be clerk of the board of arbitrators ; the said clerk 
 
 Record. shall keep a fair and full record of their proceedings, and 
 
 perform all other duties the board may direct. No member 
 of the board nor the clerk shall make any charge whatever 
 for their services as arbitrators or clerk to the board. The 
 said board of arbitrators shall hold their sessions in the 
 office of the Appeal Tax Court, at such a day and hour as 
 the Appeal Tax Court may designate, and at such time as 
 their services may be required as arbitrators. 
 
 Ibid, s. 14. 16. The action and decisions of said board shall in no 
 
 Decisions not to case couflict with existing laws, ordinances or other estab- 
 
 conflict with tit ■, • 
 
 |xisting laws, lished regulations of the city government, and said board 
 shall not interrupt, interfere with or prevent any officer of 
 the city in the prosecution or performance of his legitimate 
 duty. 
 
 Ibid, s. 15. 17. In case any account, bill, claim or demand, for or 
 
 To investigate agaiust the city, shall be rejected or disputed, the party de- 
 cases of dispute . 1 • 1 IT f r J 
 
 5^nd report to murriQg may submit the case to said board for correction or 
 adjustment, and if either party in the case fail to appear 
 they shall proceed to investigate the case on the best evi- 
 dence that can be obtained, and if both parties appear, the 
 board shall hear the case stated by the party demurring and 
 
 
Taxes. 1077 
 
 Article XLIX. — Ordinances. 
 
 then by the defendant, and examine such evidence as may 
 be produced, and report their proceedings to the Mayor for 
 his approval or rejection. 
 
 18. Whenever any officer of the corporation, with the iwd.s. le. 
 approval of the Mayor, and the concurrence of all the par- cases in which 
 ties concerned, shall agree to submit any case in controversy board sbaii be 
 to the board for arbitration or correction, on giving bond Bond, 
 when required, to abide by the decision, the board shall ex- 
 amine the case submitted, in all its bearings, and give their 
 decision or award, which shall be final as far as the city is 
 concerned. 
 
 19. On the representation of two or more responsible per- ibid, g. n. 
 sons, made in writing to the board of arbitration, declaring Board empow- 
 themselves aggrieved by any officer of the city in an unlaw- gate caseYoi 
 
 ... I 1 . . grievance by 
 
 ful manner, the board may inquire into the case, and if it any officer or 
 be of such nature as to require investigation, the board may 
 call before them the officer against whom complaint has 
 been made, and examine the charge, and if necessary, hear 
 testimony or evidence, on oath or otherwise, and submit their 
 decision to the Mayor. 
 
 20. In case of death, dismissal, or removal from office, iwd.s. w; No 
 
 21 Apr. 4 '73. 
 
 the Mayor is hereby authorized to fill any vacancy that may tL MaVe'rau- 
 occur for the unexpired term of the judges of the Appeal vacancies. 
 Tax Court and the clerks or the assessors. 
 
 21. The faith of the city is pledged, that no tax shall be junei.'aa. 
 levied or collected by the corporate authorities thereof on Faith of city 
 any stock debt of said city. emption of city 
 
 •' stoclc from tax- 
 
 ation. 
 
 PERMITS TO ERECT BUILDINGS. 
 
 22. It shall not be lawful for any person, without a permit No.87,8.i,Api. 
 from the Appeal Tax Court, to erect within the limits of thes.'a, oct. a7','74! 
 city any building upon a new foundation, whether in connee- permits, 
 tion with an existing building or not, or to pull down any old 
 
1078 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 building or part of a building to the ground, and build upon 
 the old foundation, or to put an additional story upon any 
 building or part of a building by increasing the height of the 
 walls; and any party or parties who may build within the 
 Permit for each citv of Baltimore shall be required to take out a permit for 
 
 house. '' Mr 
 
 each and every house he or they may purpose to build. 
 
 No. U6,s. 3, 23. Any party or parties offending against the preceding 
 
 3J^s. 2,5Apr. a, section shall be subject to a penalty of not more than twenty 
 Penalty. dollars and not less than five dollars, and it shall be the duty 
 
 Duty of bailiffs, of the bailiffs employed in the Collector's office to attend to the 
 collection of such fines. 
 
 No. 89, Oct. 13, 24. Whenever application is made to the judges of the Ap- 
 
 piataof ground pcal Tax Court for a permit or permits to erect any new build- 
 to be improved. .,.,,., 
 
 mg or buildings, the party or parties making such application 
 
 shall be required, before such permit or permits are granted, to 
 file with the said Appeal Tax Court a plat accurately describ- 
 ing the piece or parcel of ground to be improved, giving the 
 front and depth thereof, its distance from the nearest estab- 
 lished corner of a street, lane or alley, and the number of im- 
 provements (if more than one) proposed to be erected thereon. 
 
 u^'-M-^No'^^''' ^^' ^^ ®^^^^ ^^ *^® ^"^-^ ^^ *^^® j"<3ges of the Appeal Tax 
 Mar. 9, '76. Court to grant such permits on application without charge, and 
 
 Record to be -^ ' ' " ' 
 
 kept. to keep a record of all permits issued. 
 
 }J5; ^''' -^P""- ^°' 26. Any person who has received a permit from the Ap- 
 fhow'pemuto P^^^ "^^^ Court, as herein provided, and who shall refuse to 
 goiice officer, exhibit Said permit when thereto required by any police officer 
 Penalty. or officcr of the city, shall forfeit and pay a fine of five 
 
 dollars. 
 
 jitf."27°'7^4!' ^'^* ^^^ Board of Police Commissioners are requested to 
 
 fh°a"permTtsare^°^*^"^* *^®^^ officcrs to make diligent inquiry of all parties 
 applied for. building withiu the limits of the city if they have procured 
 the proper permits as herein required. 
 
Taxes. 1079 
 
 Article XLIX. — Ordinances. 
 
 COLLECTOR. 
 
 28. There shall be appointed annually, in the month ofNo. 46, ■. i, 
 
 T^ , , . «. . , 1, -June 2, '62; No. 
 
 i^ebrnary, as other city oincers are appointed, a collector of 68, Nov. it, 'es. 
 taxes, to be styled the City Collector, whose duty it shall be Appointment, 
 to collect all taxes of every description levied or assessed by 
 the Mayor and City Council of Baltimore, or by the General 
 Assembly of Maryland ; who, before entering on the duties of 
 his office, shall give bond to the corporation," with security to Bond, 
 be approved by the Mayor and the Presidents of the two 
 Branches of the City Council, or any two of them, the Mayor 
 being one,* in the penal sum of seventy-five thousand dollars, 
 conditioned for the true and faithful performance of the trust conditions, 
 confided to him, and of the duties required of him by the Acts 
 of Assembly and ordinances of the city of Baltimore, now 
 existing or that may hereafter be passed, and also for the pay- 
 ment, on or before the fifth day of each and every month, to Payment to 
 
 ' . "^ J ■> Register. 
 
 the Register of the City, or such other officer or officers, person 
 or persons, as may be authorized to receive the same, of all 
 such sum or suras of money as he may have received since the 
 previous payment, with a detailed statement, to be rendered statement un- 
 
 ^ *^ *'. ' deroath. 
 
 under oath, showing the particular sources from which the 
 money was received. 
 
 29. The Collector shall enter upon the discharge of the iwd, s. a. 
 duties of his office on the first Monday in March in each and Termor office, 
 every year, and his term of office shall expire, and all his 
 authority as Collector shall cease on the day next preceding 
 
 the first Monday in March following, unless he shall have 
 been re-appointed as provided in the preceding section. 
 
 * The Act of 1874, c 483, prescribes the following as the condition of such 
 
 bond; If the above bound shall well and faithfully execute his office, 
 
 and shall account for and pay to the Mayor and City Council of Baltimore 
 the several sums of money which he shall receive for the city, or be answer- 
 able for by law, at such times as the law shall direct, then the said obliga- 
 tion shall be void ; otherwise, &c. 
 
1080 
 
 Taxes. 
 
 Article XLIX.— Ordinances. 
 
 Ibid, 8. 3. 
 
 Remoral from 
 office. 
 
 30. Any City Collector appointed by virtue of this ordi- 
 nance may be removed or suspended for cause by the Mayor, 
 with the concurrence of a majority of both branches of the 
 City Council, or he may be removed by a vote of two-thirJs 
 of each branch of the said council without the concurrence 
 of the Mayor ; and it shall be the duty of the Collector, when 
 so removed or suspended from office, as herein provided, 
 forthwith to deliver to the Register all the money, books 
 and papers that may be in his possession at the time of such 
 removal or suspension ; and in case of the suspension, re- 
 moval, resignation or death of the Collector, the Register is 
 hereby authorized and required to perform all the duties of 
 Collector, until he, the said Collector, is reinstated, or his 
 successor has been appointed, and shall have duly qualified, 
 as the case may be. 
 
 31. As soon as charges are preferred against said Collec- 
 tor by the Mayor or either branch of the City Council, which 
 affect his official character, it shall be the duty of the Mayor 
 immediately to suspend him from office, and at the same 
 time furnish him with a copy of the charges against him ; 
 and the said Collector shall have the privilege of.answering 
 the same before the City Council in convention, by attorney 
 or otherwise. 
 
 32. It shall be the duty of the Mayor, in case of resig- 
 when Mayor to nation, suspeusion from office, or death of the Collector, 
 
 convene Coun- 
 cil- during a recess of the City Council, to convene said council 
 
 within three days thereafter, for the purpose of examining 
 
 the charges preferred against him, and of filling the vacancy 
 
 in case of removal, resignation or death of said Collector. 
 
 33. It shall be the duty of the Collector to cause to have 
 prepared annually, in the month of December, all the books 
 req^uired for conducting the business of his office during the 
 ensuing year.* 
 
 Delivery of 
 money, hoolcs, 
 &c. to Register. 
 
 When Register 
 to act as Collec- 
 tor. 
 
 Ibid, 8. i. 
 
 Charges against 
 Collector. 
 
 Suspension. 
 
 Answering. 
 
 Ibid, 3. S 
 
 Ibid, s. 6. 
 
 Books for en- 
 suing year. 
 
 • See p. 571, &c. 
 
Taxes. 1081 
 
 Article XLIX. — Ordinances. 
 
 34 It shall be the duty of the Collector to enter in the iwd, 8.7. 
 books of his office all accounts of taxes and money to be Accounts for 
 
 . collection. 
 
 by him collected ; and also to enter in said books the names 
 of all the owners of property taken from the assessment lists, 
 with a particular description of the same, an 1 all other tax- 
 able articles, with the rate and amount of taxes charged to 
 
 each of said owners ; and he shall also enter the payments Payments, in- 
 solvencies, 
 received, insolvencies and abatements allowed, and transfers abatements and 
 
 ' translers. 
 
 made ; and it shall be the further duty of said Collector to 
 enter on his ledgers, alphabetically, the entire account of each Accounts of ux 
 tax-payer, in one place, so that the whole may be seen and ^^^^"' 
 examined by the several persons to whom the taxes are 
 
 35. It shall be the duty of the Collector daily to deposit iwd.s. 8. 
 to his credit, as Collector of the City, in the bank designated oeposiuin 
 by ordinance for the keeping of the account of the Register, 
 
 all monies collected by him ; and in case of the death, resig- 
 nation, removal or suspension from office of the said Collector, when Register 
 the amount of money so deposited shall be drawn by the 
 Register, upon an order countersigned by the Mayor and 
 Comptroller. 
 
 36. It shall be the duty of the Collector, within one week ibid, 8.9. 
 after the final passage of each annual levy for city taxes, Notice, 
 and the reception of the same by him, to give notice by ad- 
 vertisement in all of the regular daily papers published in Publication, 
 the city, including those published in the German language, 
 
 for at least one week, that the tax bills on such levy arexaxbiUs. 
 ready for delivery, and requesting all persons liable to taxa- 
 tion to call at his ofiice and receive the same. 
 
 37. It shall be the duty of the Collector, as soon as each iwd.s. i«. 
 annual levy is made, to separate the tax on real estate and Taxes on re 
 
 estate, pers 
 
 chattels real, from the tax on personal chattels, stocks of in- chattels, &c 
 corporated institutions and other like securities, in all bills 
 
1082 Taibs. 
 
 Article XLIX. — Ordinances. 
 
 or charges issued by him for the collectioa of city taxes, and 
 he shall require the latter tax to be paid within five months 
 from the first day of May in each and every year ; and the 
 said Collector is hereby authorized and directed to allow on 
 Discounts on the respcctive bills so made or charged, on personal chattels, 
 
 personalty. . . n • i ^• 
 
 stocks and other like securieties, as aioresaid, a discount of 
 eight per cent, if paid on or before the first day of May, in 
 the year for which said taxes are imposed ; if paid on or be- 
 fore the first day of June, six per cent. ; if paid on or before 
 the first day of July, four per cent.; if paid on or before the 
 first day of August, two per cent. ; and if paid on or before 
 the first day of September, one per cent. 
 
 Ibid, 8. 11. 38. If said taxes levied on personal chattels, stocks and 
 
 Enforcement of sccurieties as aforcsaid, be not paid on or before the first day 
 of October, in the year for which the levy is made, payment 
 of the same shall be enforced under any enactment existing 
 for the collection by distress, sale or otherwise, of real or 
 personal property for the non-payment of taxes. 
 
 Ibid, 8. 12. 39. If the said taxes levied on real estate and chattels 
 
 Discount on real, bc paid on or before the first day of May,* in the year 
 
 realty. o ^ • ^ • t 
 
 for which said taxes are imposed, the Collector is hereby au- 
 
 thorized and directed to allow on the respective bills so made 
 and charged, a discount of five per cent.; if paid on or before 
 the first day of June, four and one-half per cent. ; if paid on 
 or before the first day of July, four per cent., if paid on or 
 before the first day of August, three and one-half per cent.; 
 if paid on or before the first day of September, three per 
 cent.; if paid on or before the first day of October, two an^i 
 one- half per cent.; if paid on or before the first day of Nov- 
 ember, two per cent.; if paid on or before the first day of 
 December, one per cent.; and if paid on or before the thirty- 
 first day of December, one-half of one per cent. On all of 
 
 * For discount on State taxes, see 1874, c. 483, sec. 45. 
 
Taxes. 1083 
 
 Article XLIX. — Ordinances. 
 
 said bills not paid on or before the first day of January next when interest 
 
 added. 
 
 succeeding the year for which said taxes are imposed, interest 
 at the rate of six per cent, per annum shall be added, com- 
 puting from said first day of January until paid. 
 
 40. It shall be the duty of said Collector to cause to have iwd.s. 13. 
 made out and delivered, a bill, on or before the first day of when bins to 
 November, in each year, to each person assessed for city or 
 
 State taxes on real estate and chattels real, as aforesaid, or 
 to his, her or their agent, or left at the place of abode of 
 such person or agent of the property so charged, and not 
 calling for a copy of his, her or their bill of taxes for the 
 current year ; and further giving notice at the same time on Notice on wub. 
 the back or face of said bills, that unless the taxes shall be 
 paid on or oefore the first day of January next ensuing, the 
 said bills will be placed in the hands of bailifis, who shall Bailiffs, 
 at once proceed to collect the same as provided for by exist- 
 ing laws ; and further, the agent or agents of said Collector, 
 delivering the bills as aforesaid, shall keep a memorandum Memorandum 
 book, in which he or they shall accurately note the names of 
 persons so notified, with the place and time of delivery of 
 said bills ; and in order that all due information may be given 
 to the taxpayer, in reference especially to the various rates of 
 discount allowed for prompt payment of the several kinds of 
 taxes, as well as the condition of interest for non-payment, 
 the Collector is hereby authorized and directed, towards the 
 close of each month, to give a short notice in all of the regu- Notice to be 
 lar daily papers published in the city, including those in the 
 German language, at least twice, in which the said rates of 
 discount allowed or interest chargeable, as the case may be, 
 shall be distinctly stated. 
 
 41. The said Collector is hereby authorized to draw on iwd, s. u. 
 the Register for all expenses incurred by him for books, sta-Todrawon 
 
 nj • Register for ex- 
 
 tionery, printing of notices and bills, also lor all advertise- penses, &c. 
 ments necessary to cftrry out the several provisions of this 
 
1084 Taxjdb. 
 
 Article XLIX. — Ordinances. 
 
 Duty of Regis- Ordinance, to be charged on the books of said Kegister as a 
 
 ter. 
 
 part of the general expenses of the city government. 
 
 ibid.a. 16. 42. All the provisions of this ordinance in relation to 
 
 Distress, Ac, enforcing payment bv distress, sale or otherwise, of city taxes, 
 
 for state taxes. b f J J > J J , 
 
 shall be made to apply, in all respects, to the collection 
 of State taxes. 
 
 Ibid, 8. 16. 43. The Collector shall receive as cash in payment of 
 
 Jurors' orders, taxcs duc the city all orders drawn in favor of jurors upon 
 
 how received. 
 
 and accepted by the Kegister, and for such amounts as shall 
 have been allowed upon the returns made by the clerk of the 
 court in which said jurors may have served.* 
 
 Ibid, s. 18. 44. The Collector shall not order distress for any arrear- 
 
 Notice before Hges of taxcs Until be has first given to the person or persons 
 BO in arrears, or has left at his, her or their residence, or last 
 known residence, or if neither can be found, on the premises, 
 a statement of his, her or their indebtedness, and not less than 
 thirty days' notice of his (the said Collector's) intention, if the 
 bill is not paid within the time named, to enforce payment 
 thereof; and in case the aforesaid person or persons reside out 
 of the city, said statement and notice shall be forwarded through 
 Post office. the postoffiee to his, her or their place of residence, if known. 
 
 Ibid, 8. 19. 45. Whenever it may, in the opinion of the Collector, be 
 
 Plats. necessary to have a plat made of the property to be offered for 
 
 sale for State or city taxes, the said Collector is hereby author- 
 
 surreyor's fees, ized to allow tlic City Surveyor five dollars for each plat consist- 
 ing of not more than two pieces or parcels of adjoining ground 
 to be offered for sale ; if said plat shall exceed two adjoining lots 
 
 Proviso. or parcels of ground, two and a half dollars for each ; provided 
 
 that for no one plat shall he be allowed more than ten dollars, 
 and in no case shall the Surveyor be allowed more than the sums 
 named in this section for any plat made by him by direction of 
 
 * See p. 567, ante. 
 
Taxes. 1085 
 
 Article XLIX. — Ordinances. 
 
 the Collector ; and in no case shall the said Collector charge or Fees and com- 
 
 missions. 
 
 exact any fees or commissions from the parties whose property 
 may have been advertised, offered for sale, or sold, other than 
 those provided by law or ordinance. 
 
 46. The Collector is hereby authorized and directed to make ibia, s. 20. 
 
 a charge on such unpaid tax bills, pro rata, for the space oc- charge pro rata, 
 cupied by each, for the actual cost incurred by said advertise- 
 ment, and the actual cost of the plat when made, in addition 
 to the interest due. 
 
 47. When any lot or lots of ground, improved or unim- iwd s. ai. 
 proved, may be chargeable with the payment of taxes, and Lots of ground, 
 such lot or lots are subject to ground rent or lease for a term 
 
 of years, renewable forever, it shall be the duty of the CoUec- whento»eu 
 
 leasehold Inter- 
 
 tor, m the saje of such lots for the non payment of taxes, toes'- 
 sell the leasehold interest only, with the improvements erected 
 thereon, if any ; provided, however, that in case the said lease- Proviso. 
 hold interest and improvements shall not sell for the amount 
 necessary to pay the taxes due on said lots, together with the law- 
 ful costs, charges and interest as aforesaid, then the said Collec- whentoseii 
 
 fee simple. 
 
 tor shall sell the whole fee simple of such lots ; and provided 
 further, that the provisions of this section shall not apply in Proviso, 
 cases where the books of the city do not disclose the fact that 
 the lot or lots are on lease as aforesaid, or unless the Collector Notice of lease, 
 shall have actual notice of such lease prior to the sale thereof. 
 
 48. Whenever it shall become necessary to sell any part or iwd, ». 22, 
 parcel of ground for the payment of any tax or assessment purchaser to 
 due, of any kind whatever, levied or charged, the Collector fees, expenses, 
 shall require the purchaser at the time of sale to pay on ac- 
 count of said purchase the sum of two dollars as auction fees, 
 
 also the expenses of advertising, and other costs accruing, to- 
 gether with the amount assessed or taxed on the lot or parcel 
 of ground so sold, and no more; the residue or balance of the creduofyear 
 
 and day. 
 
 purchase money shall remain on a credit of one year and a 
 
1086 
 
 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 day; and if the property so sold be not redeemed within the 
 time, and as provided for in this ordinance, the said Collector, 
 on receiving the balance of the purchase money, shall execute 
 
 Deed. a good and sufficient deed of the same in favor of the purcha- 
 
 ser or purchasers^ subject to any ground rent reserved thereon; 
 
 Balance of pur- the balance of said purchase money so received shall be paid , 
 
 chase money. 
 
 or tendered in payment, to the owner or owners of the lot or 
 parcel of ground sold as aforesaid ; and if it shall so happen 
 that said owner or owners, after reasonable efforts, cannot be 
 found, or he, she or they, or their agents, shall refuse to re- 
 ceive said balance, then, in either case, the Collector shall in- 
 vest the same in any public debt of the city of Baltimore, 
 bearing interest at the rate of six per cent, per annum, for the 
 benefit of such owner or owners, and deliver the certificates to 
 
 Investment in 
 city stock. 
 
 Register to take the Register of the City, who shall keep and take an account 
 
 charge of certifi- i /» • 
 
 cates. of the same, and from time to time collect the interest due 
 
 Ibid, s. 23. 
 
 Redemption 
 within a year 
 and a day. 
 
 Interest. 
 
 Refunding to 
 purchaaer. 
 
 thereon, and invest the amount so received in like securities. 
 
 49. When any lot or parcel of ground, improved or unim- 
 proved, shall have been sold under any law or ordinance, by 
 reason of the non-payment of any tax or assessment due there- 
 on, the owner or owners, or other persons having an estate or 
 interest therein, and they only, shall have the right and privi- 
 lege to redeem the same, at any time within one year and a 
 day from the day of sale, on his, her or their paying, or ten- 
 dering in payment to the Collector, the whole amount received 
 from the purchaser or purchasers of said lot or parcel of 
 ground, and the further sum of one-half of one per cent, per 
 month, as damages, estimating from the day of sale to the 
 time of such tender; and the sum thus received by the Collec- 
 tor shall be by him paid or tendered in payment to the said 
 purchaser or purchasers, whose right in and to the property 
 purchased as aforesaid, shall at once cease ; and the said Col- 
 lector is hereby authorized and directed to refund to the said 
 purchaser or purchasers the purchase money received for any 
 
Taxes. 1087 
 
 Article XLIX. — Ordinances. 
 
 sales made bj him as aforesaid, or by any previous Collector of 
 taxes for the city of Baltimore, for arrearages of taxes, when, 
 in the opinion of the City Counselor, such sale wae not law- counselor, 
 fully made from any cause whatever. 
 
 50. Whenever any tax that has been assessed by the City iwa, •. 34. 
 Commissioner for paving any street, lane or alley, or any part Paving tax. 
 thereof, in the city of Baltimore, shall have remained unpaid 
 
 for the space of four months after said paving has been com- 
 pleted, for which the assessment was made, the Collector is 
 hereby authorized and required to proceed to enforce payment Enforcing pay- 
 thereof, as herein provided for the collection of taxes in arrears 
 on real estate. 
 
 51. When any contractor or contractors for paving or re- iwa, s. 25. 
 paving any street, lane or alley in the city of Baltimore, shall paving contrac- 
 withdraw from the Collector any bill or bills for said paving 
 
 or repaving, as the case may be, which he or they are hereby 
 authorized to do, on paying, or securing to be paid to the city, 
 the commission of three per cent, on all such bill or bills, and commission of 
 
 three per cent. 
 
 after the same has been withdrawn, the said Collector and his 
 sureties shall cease to be liable in any way for the collection 
 of said bill or bills, and the amount shall be charged to the 
 account of said contractor or contractors, as if collected by 
 the City Collector and paid over to him or them in cash. 
 
 52. In all cases where a tax shall be assessed for paving or iwd, s. 26. 
 repaving any street, lane or alley as aforesaid, which is hereby paving. 
 made the duty of the Collector to collect, the City Commis- 
 sioner is hereby authorized to have a plat made out of the piat. 
 property, giving the width of the front, depth and full descrip- 
 tion of each lot of ground on which said tax has been assessed, 
 which tax shall be a lien on the property, taking precedence Lien. 
 
 of all other liens, except for other taxes previously assessed, 
 and binding upon each and all interests in said property ; which 
 taxes the said Collector is hereby directed to collect, as herein Howtaxcoi- 
 
 . •' lected. 
 
 provided for the collection of taxes in arrears on real estate. 
 
1088 
 
 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 Ibid, 8. 27. 
 
 When collector 
 to notify parties 
 assessed for 
 benefits. 
 
 Six months. 
 
 Enforcing pay- 
 ment. 
 
 Ibid, s. 28. 
 Opening streets. 
 Deed. 
 
 53. After the expiration of the time allowed by law or or- 
 dinance for making appeals from assessments made by the 
 Commissioners for Opening Streets, when required to open any 
 street, lane or alley, and no appeal has been made, or after 
 the return of an appeal has been made to the Register, said 
 return, together with the return made by the said commis- 
 sioners, shall be handed over to the Collector, who shall at 
 once proceed to notify the several parties assessed for benefits, 
 by means of bills specifying the sums so assessed to each, with 
 a deduction for damages allowed, if any ; and if the same be 
 not paid within six months from the time said return or re- 
 turns were received by the Collector, he shall proceed to en- 
 force the collection of said bills in same manner as herein 
 provided for the collection of taxes in arrears on real estate. 
 
 54. The Collector, on receiving the full amount of purchase 
 money for sales of property made in consequence of opening 
 streets, lanes or alleys as aforesaid, shall execute a deed of 
 conveyance in favor of the purchaser or purchasers, 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 sale, advertising and other necessary expenses, he 
 shall pay the balance of the purchase money to the Register 
 of the City, who shall pay over the same to the person or per- 
 sons entitled thereto, first deducting the sum, if any, assessed 
 as benefits to said person or persons ; the payment to be made 
 on demand, without interest. 
 
 55. After the City Commissioner shall have issued his war- 
 rant, approved by the Mayor, to the Collector, for the collec- 
 tion of any tax or assessment for the paving or repairing of 
 footways, which tax shall be a lien on the lot or lots in front of 
 which said paving or repairs have been made, and shall have 
 
 List of persons also delivered to the Collector a list of the names of the person 
 or persons by whom the taxes or assessments are due, with 
 the amount due by each, it shall be the duty of said Collector, 
 
 Balance of pur- 
 chase money to 
 Begister. 
 
 Ibid, s. 29. 
 
 City Commis- 
 sioner to issue 
 warrant. 
 
 Paving, <Sc., 
 
 footways. 
 
 Lien. 
 
Taxes. 1089 
 
 Article XLIX. — Ordinances. 
 
 and he is hereby required to deliver bills of the same to said buis. 
 person or persons, with a notice that if not paid within thirty Thirty days, 
 days thereafter, he will proceed to collect the same in like 
 manner as herein provided for taxes in arrears on real estate. 
 
 56. In order to afford every facility to tax payers in aecer- iwd.s. 
 
 30. 
 
 taining when any of their property has been sold to pay taxes Lists of pro- 
 in arrears as aforesaid, and that they may have the opportunity taxes, 
 to redeem the same within the time allowed by law, the Col- 
 lector is hereby required to have lists made out within sixty 
 days from the day on which any property may be thus sold, 
 with the date of sale, name of party to whom assessed, loca- 
 tion of property, amount of taxes and costs, year or years for 
 which due, amount sold for and name of purchasers, clearly 
 stated; said lists to be entered in a book kept for the purpose 
 in the Collector's office, each entry embraced in a single line 
 when practicable, and open to the inspection of parties inter- Book in couec- 
 
 ■^ '^ r r j^j^g jjggg jjpgjj 
 
 ested, to whom all explanations shall be made by said Collector, to inspection, 
 when so requested, to enable them to identify their property. 
 
 57. Whenever any money is in the care or custody of the No. 20, Apriin, 
 
 •' •' ^ '63; 114, June 
 
 Register or City Collector to be paid to any person or persons 21. '75- 
 whomsoever, for or on account of the balance of the purchase Titioto proper- 
 money in the sale of any property for the non-payment of 
 taxes or money due to any person or persons for damages as- 
 sessed for the opening of any street, lane or alley, or money 
 claimed by any person or persons as owners of any property 
 whatsoever, or where an examination of title shall be neces- Examination, 
 sary before the payment of any money by the Register or 
 Collector, the Examiner of Titles shall first be satisfied, as pre- Examiner of 
 
 ' r. Titles. 
 
 scribed in Article XIII, that the person or persons applying for 
 or claiming the payment of any money by the Register or 
 Collector are the owners of the property so sold as aforesaid, 
 or upon which damages are awarded as aforesaid, or upon 
 which any money shall ,be so asked or demanded as aforesaid, 
 and the Collector or Register shall not be authorized to pay 
 
1090 
 
 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 Certificate. 
 
 Ibid, 8. 31. 
 State taxes. 
 
 Ibid, s. 32 ; No. 
 54, May 27, '68 ; 
 No. 36, June 9, 
 '65; No. 21, 
 Mar. 24. '66 ; 
 No. 14, Mar. 10, 
 '64; No. 91, Oct. 
 11, '73; No. 8, 
 Feb. 27, '74 ; 
 No. 124, Nov. 
 5, '74 ; No. 2, 
 Dec. 16, '72 ; 
 No. 31, Mar. 29, 
 '76 ; No. 32, 
 Mar. 29, '76. 
 
 Collector and 
 
 officers. 
 
 Salaries. 
 
 To comply with 
 ordinances. 
 
 Collector re- 
 Bpousible. 
 
 out any such money, until he shall have received the certificate 
 of the Examiner of Titles as aforesaid, together with an ab- 
 stract of title. 
 
 58. The said Collector shall collect from the State of Mary- 
 land the State's proportion of the expenses incurred in the col- 
 lection of the State taxes, as is now or may hereafter be fixed 
 by law, and pay the same into the city treasury. 
 
 59. The Collector shall receive as full compensation for the 
 duties that are now or hereafter may be required to be per- 
 formed by him, by the laws of the State and ordinances of the 
 city, the yearly salary of two thousand dollars ; and he shall 
 have authority to appoint and remove one deputy collector, 
 whose duty it shall be to take charge of all arrears of taxes, 
 and assist the Collector, and whose salary shall be eighteen 
 hundred dollars per annum ; one cashier, whose salary shall be 
 sixteen hundred dollars per annum ; one assisiant cashier, 
 whose salary shall be fourteen hundred dollars per annum ; 
 one book-keeper, whose salary shall be sixteen hundred dollars 
 per annum ; and one general cash book-keeper, whose salary 
 shall be sixteen hundred dollars per annum; ten ledger clerks 
 and one transfer clerk, who shall each receive a salary of thirteen 
 hundred dollars per annum, and twenty-two bailiffs. All of 
 said appointees being hereby required to comply with all ordi- 
 nances of the city in the same manner as if appointed by the 
 Mayor and City Council ; and for all of their acts the Collector 
 shall be held responsible under his bond. 
 
 No.,^,Apru 60. The Collector of State taxes in the city of Baltimore 
 Collector of shall rcccivc as a compensation for his services, one per centum 
 
 state taxes. ••^ ' r 
 
 Commissions, ou the amount of State taxes collected by him, to be collected 
 as provided for in the Acts of Assembly.* 
 
 ■ See sec. 28, p. 1069, ante. 
 
I 
 
 Taxes. 1091 
 
 Article XLIX. — Ordinances. 
 
 COMPTROLLER. 
 
 61. It shall be the duty of the Comptroller, before issuing No. 12, Mar. is, 
 a warrant for the payment of damages awarded for property Dutv of comp- 
 condemned for the opening of streets, lanes or alleys, or other 
 
 public purposes, to require the claimant or claimants to present certificate from 
 a certificate from the Collector of Taxes that all taxes due 
 thereon have been paid. 
 
 62. It shall be the duty of the Comptroller to furnish to iwd, a. 9. 
 the Appeal Tax Court a description of all lots of ground and Dwcripuonof 
 
 lots condemned 
 
 premises condemned for the opening of streets or other pur- f°r opening 
 
 •^ r o r streets, kc, to 
 
 poses, and for which damages have been awarded and paid, Appeifxa?* 
 also of all lots or parcels of ground and improvements pur- ^*'"'** 
 chased or sold by the city, to enable said Appeal Tax Court to Leu bought or 
 
 sold by city» 
 
 abate the property purchased, or assess that which has been 
 sold to the purchaser or purchasers thereof. 
 
 LIMITS OF DIRECT TAXATION. 
 63. The lines of direct taxation shall be extended to the No. 55, June », 
 
 '74. 
 
 following bounds, and embrace the district herein described ; Direct ux Hne. 
 that is to say, beginning for the same at the southeastern limits 
 of the city and East avenue, northwardly along East avenue 
 until it intersects North avenue, westwardly along North ave- 
 nue until it intersects the western boundary of the city, thence 
 southwardly along the western boundary of the city to the 
 centre of Gwynn's falls, thence eastwardly along the centre 
 of Grwynn's falls, and the centre of the Patapsco river to the 
 place of beginning.* 
 
 * This ordinance was enacted to conform to sec. 3, p. 1060, ante. The pre- 
 vious ordinances extending the limits of direct taxation, are as follows : No. 
 83, May 13, '59 ; No. 34, June 11, '58 ; No. 36, May 9, '53 ; No. 48, June 10, 
 '50; No. 5, March 14, 50 ; March 25, '46; Act of 1830, c. 139, and report of 
 commissioners thereunder, of Nov. 5, 1831. No. 65, June 28, '68 ; No. 109, 
 Oct. 24, '72, and No. 9, March 15, '73. 
 
1092 Taxes. 
 
 Article XLIX. — Ordinances. 
 
 Decisions. — The power of a tax collector to make sale of real estate for 
 the payment of taxes so as to convey a valid title to the purchaser is one 
 which is specially delegated and must be strictly pursued. A series of acts, 
 preliminary in their character, are required by law to precede the execution 
 of the power ; each and every one of which is separate, independent and 
 essential, and if any one of them be wanting, the whole proceeding is de- 
 fective for want of sufficient authority to support it. Polk v. Rose et cU., 25 
 Md. 153. Alexander v. Walter, 8 Gill, 239. Held in Im. Co. v. Mayor <&c., 23 
 Md. 296, that the Firemen's Insurance Co., a joint stock company, was 
 bound by the terms of the revenue laws, to furnish to the Appeal Tax Court 
 the list of stockholders, with their places of residence and amount of stock 
 held by each, and having failed or refused to do so, the appropriate mode of 
 enforcing compliance was by the writ of mandamus. The corporation how- 
 ever, might agree with the Appeal Tax Court to pay an ascertained amount 
 of money as a tax on the stock liable to city taxation, in lieu of an assess- 
 ment on the individual shares. The shares of stock of joint stock compa- 
 nies are liable to be assessed at their cash value, at the time of the assessment. 
 Ins. Co. V. Mayor, dc, 23 Md. 296. See Donavin v. Firemen's Ins. Co., 30 Md. 
 155; Gordon's Ex. v. Mayor, <&c., 5 Gill, 231, 
 
 The revenue laws treat the stockholder as the owner of so much property, 
 to be estimated at the actual value of his stock, and subject to be taxed 
 thereon for local purposes. Ibid. See Emory v. State, 41 Md. 55. 
 
 In an action for the recovery of taxes upon mortgages of real estate lying 
 in the city of Baltimore, assessed to the trustee of said property, residing at 
 the time of the assessment and of the institution of the suit in Howard 
 county, the cestuis que trust residing at the same lime in said city ; held : that 
 taxes assessed upon a trust estate constitute a legal cause of action against 
 the holder of the legal estate ; that L. was the holder of the legal estate 
 upon the valuation of which the taxes sought to be recovered was impos- 
 ed ; and upon the construction given to the Bill of Rights, as well as upon 
 the general rule above stated, he was the proper person to be assessed for 
 their payment; and the assessment of the tax to the holder of the real 
 estate, through him, reaches and fastens upon the beneficial owner. That 
 a like construction should be given to the acts requiring " all property 
 owned by persons residents of the State, and not permanently located 
 elsewhere within the State, to be valued to the owner in the county, 
 district or city wherein he or she may reside," that these provisions con- 
 template the holding of the legal estate. Upon the principle that the 
 possession of personalty follows the person owning the legal title, the 
 mortgages on the valuation of the amount of which the assessment of 
 the taxes was made, so far as they could be made the basis of an assessment, 
 were beyond the jurisdiction of the city of Baltimore. The recording of a 
 mortgage in another county or district than that of the creditor's resi- 
 dence, cannot have the effect of locating the debt where the mortgage is 
 recorc'ed. Latrobe, Trustee, v. Ma/yor, <Sx., 19 Md. 12. Where property held 
 in trust by trustees who reside, one in Baltimore city and the other in 
 
Taxes. 1093 
 
 Article XLIX. — Ordinances. 
 
 Baltimore county, is taxable, the same should be taxed in equal^propor- 
 tion as of the place of residence of each trustee. Mayor, dkc. v. Sterling et 
 ai., 29 Md. 48. 
 
 Scott, C. J., held in 1869, CHU v. Mayor, dc., that where a party sells pro. 
 perty, gives a deed, and takes a mortgage to secure the pajrment of the bal- 
 ance of the purchase money, that the city has no right to tax said mortgage 
 given for purchase money ; that the property being taxed to the owner, a 
 tax on a mortgage of this kind would be a double tax, and cannot be recov- 
 ered. 
 
 As to the Act of 1870, c. 394, exempting mortgages from taxation. See 
 Bmory v. State, 41 Md. 38 ; see 1878, c. 413. 
 
 A purchaser of a house and lot in the city of Baltimore, sold by the City 
 Collector in 1858 for non-payment of an assessment levied thereon for open- 
 ing the street upon which it was located, paid the purchase money, received 
 from the Collector a deed for the property, and entered into possession. 
 Subsequently he was ejected by the owners upon the ground that the Col- 
 lector had omitted to give the notice, as required by ordinance, of such sales, 
 and was obliged to pay costs and mesne profits. He thereupon brought an 
 action to recover damages from the City Collector. Held : That the pur- 
 chaser was bound to inquire whether the City Collector, in selling the 
 property, acted in conformity with the law authorizing the sale ; and coming 
 strictly and rigidly within the rule of caveat emptor, he is not entitled to re- 
 cover. Hamilton v. Valiant, 30 Md. 139. 
 
 As to voluntary payment of taxes when the right to impose, «fec., is denied, 
 see Lettm- v. Mayor, <tc., 29 Md. 418 ; 34 Md. 435 ; 38 Md. 228. 
 
 As to tax titles, see Polk v. Rose, 25 Md. 153 ; Polk y. PendUUm, 31 Md. 125. 
 Co. UommWs P.'Oeo.^s Co., dhc., v. Clarke et ai., 36 Md. 207; Exparte in the 
 matter of the Tax Sale of Lot No. 172, &c., 42 Md. 196. 
 
1094 
 
 Tbnants fob Ybaes ok at Will. 
 
 Article L. — Statutes. 
 
 ARTICLE L. 
 
 TENANTS FOR YEARS OR AT WILL. 
 
 STATUTES 
 
 1. Ninety days' notice to terminate 
 tenancy from year to year. 
 
 3. Thirty days' notice to terminate 
 tenancy for less time. 
 
 3. Thirty days' notice to terminate 
 
 tenancy at will, suflFerance, or 
 pvr autre vie. 
 
 4. Tenant may terminate either by 
 
 thirty days' notice. 
 
 5. Notice to be in -writing : on whom 
 
 and how to be served. 
 
 6. What sufficient notice. 
 No other notice necessary. 
 Notice may be fixed by agree- 
 ment. 
 
 One justice to have jurisdiction. 
 
 Upon non est, second summons 
 to issue for tenant : if not found , 
 copy to be left with occupant : 
 if vacant, copy to be left on 
 premises. 
 
 Landlord may file interrogato- 
 ries : copy to be served. 
 
 7. 
 8. 
 
 9. 
 10. 
 
 11 
 
 13. 
 
 13. 
 14. 
 
 15. 
 16. 
 
 17. 
 
 18. 
 
 19. 
 
 30. 
 
 31. 
 
 33. 
 38. 
 
 34. 
 
 Interrogatories to be answered , or 
 taken as confessed. 
 
 Manner of serving copy. 
 
 Jury to assess damages and ex- 
 penses for landlord. 
 
 When for tenant. 
 
 On failure to assess, jury to be 
 re-summoned. 
 
 Notice of second meeting : other 
 jurors to be summoned if any 
 have died or are absent. 
 
 Tenant may be made to pay 
 double rent. 
 
 Appeal given. 
 
 Not removable except by ap- 
 peal. 
 
 Proceedings not to be reversed 
 for form. 
 
 Appeal to be tried at first term. 
 
 Heirs, executors and assigns to 
 have benefit of. 
 
 Jurors not attending may be 
 attached. 
 
 STATUTES 
 
 P. L. L. art. 4, 
 sec. 882. 
 Ninety days' 
 notice to termi- 
 nate tenancy 
 from year to 
 year. 
 
 1. Where any lands or tenements in the city of Baltimore 
 are held from year to year, the tenancy shall be terminated 
 if the lessor give to the tenant ninety days' notice before the 
 end of the year. 
 
Tenants fob Years ob at Will. 1095 
 
 Article L. — Statutes. 
 
 2. If land be held in said city under a lease for a month, iwd, sec. ssa. 
 or any less period than a year, and the tenant continues to Thirty days' 
 
 „ . . notice ta termi- 
 
 occupy under such lease after its expiration, he shall be "a^'e^'ejjancy for 
 deemed a tenant for such period as the premises were origi- 
 nally leased to him, and so from such period to such period, 
 and if his landlord give hira thirty days' notice before the 
 termination of any period of his tenancy, it shall terminate 
 such tenancy. 
 
 3. If lands or tenements be held in said city by tenancy lud, sec. sm. 
 at will, at sufferance, or pur autre vie, thirty days' notice by Thirty days' 
 
 • 1 in no''o« '° terml- 
 
 the landlord or reversioner to the tenant or occupant shall nate tenancy at 
 
 * will, sufferance, 
 
 terminate such tenancy at the expiration of thirty days. *<=• 
 
 4. Any of the tenancies mentioned in the preceding three iwd. »ec. ess. 
 sections may be terminated by the tenants giving notice to Tenantmayter- 
 
 . 1/. I minate either 
 
 the landlord thirty days previous to the end oi the year, or by thirty days' 
 other period for which he holds the same. 
 
 5. The notice required by the preceding sections shall be iMdjsec. 886. 
 in writing, and served on the tenant or left at his place of Notice to b« in 
 abode or business, or served on his agent or servant, or served 
 
 on any occupant of the premises, and if there be no person on whom and 
 
 how to b« 
 
 living on the premises, the same may be served by being set served, 
 up on a conspicuous part of the premises. 
 
 6. Such notice shall be sufficient in form if it contain a iMd, sec. 887. 
 request by the landlord to the tenant to leave the premises, what sufficient 
 
 • /»• T« •/»"! t 1 notico. 
 
 or II 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. 
 
 7. Such notice without any additional notice, shall en- iwd, sec. sss. 
 tie the landlord 
 leedy recovery ( 
 over by tenants. 
 
 title the landlord to the benefit of the law providing for the No other notice 
 speedy recovery of the possession of lands or tenements held 
 
1096 
 
 Tenants fok Years or at Will. 
 
 Article L. — Statutes. 
 
 Ibid, sec. 889. 8. If by agreement of the parties the time and manner 
 Notice may be of notice is Specified, such notice shall be given as the agree- 
 
 fixed by agree- . . 
 
 ment. ment provides, and when given by the landlord, shall entitle 
 
 him to all the benefits of the preceding sections without any 
 other notice. 
 
 1861, c. 96. 9. One justice of the peace of said city shall have all 
 
 One justice to the powers conferred upon two justices and a iury by the 
 
 have powers. \ . . J J J 
 
 Public General Laws in relation to landlords and tenants, 
 Appeal. subject to appeals as in other cases of judgments by justices 
 
 of the peace in said city. 
 
 p. L. L.,art. 4, 10. If the summous issued for the tenant in a proceeding 
 
 sec. 891. 
 
 Upon none**, to dispossess him be returned nun est, a second summons, 
 
 second summon ii. ^ -, n -t iiii» t i • f 
 
 to issue for ten- returnable in not less than five days, shall be issued, and ii 
 
 ant. If not J ■) i 
 
 bTieftwFthM- *^® tenant shall not be found, a copy of the second summons 
 p^emlseT."^ shall bc left with the occupant of the premises, or if they be 
 vacant, affixed to some principal building, or if no building, 
 then set up on the premises, and on the day assigned in the 
 summons for the appearance of the party the justice shall 
 proceed as if he had appeared. 
 
 Ibid, sec. 892 11. The landlord or reversioner may file with the justice 
 Landlord may iutcrrogatories to be answered by the tenant touchinff the 
 
 file interrogato ° jo 
 
 Sirved"^^'"^^ tenancy or notice, or for any other matter of evidence in 
 support of the pretensions of said landlord or reversioner, in 
 and about such proceeding. 
 
 Ibid, sec. 893. 12. If a copy of such interrogatories be served on the 
 Interrogatories tenant, hc shall answer the same before the third dav, ex- 
 
 to be answered . ' ' 
 
 fessed^"**' •='"'• elusive of the day of service ; and upon his failure to answer 
 the matters inquired of by such interrogatories, they shall 
 be taken as confiessed by him, but on cause shown the justice 
 may give further time for answering, not exceeding eight 
 days in the whole, from and exclusive of the day of 
 service. 
 
Tenants fob Yeaub ob at Will. 1097 
 
 Article L. — Statutes. 
 
 13. The copies of the interrogatories herein directed to iMd.'sec. 894. 
 be served may be served in the same manner that notices to Manner of serv- 
 quit are herein directed to be served. 
 
 14. If in any proceeding by a landlord to dispossess a ibw, sec. 895. 
 tenant the inquisition or verdict shall be found in his favor, when mry to 
 
 assess damages 
 
 the jury shall assess against the tenant holding over the f^^^l^^^^^^^ 
 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 verdict for the 
 amount of said damages and expenses, for which amount, as 
 well as the costs, the justice shall render judgment in favor 
 of the lessor or reversioner, to be enforced by execution. 
 
 15. But if the jury shall find against the landlord oribid, sec. 896. 
 reversioner, they shall assess such damages as they shall when for ten- 
 deem just to be paid by him to the tenant, for which, and 
 
 costs, judgment shall be rendered and enforced as afore- 
 said. 
 
 16. If the jury shall omit to assess damages, the said ibid, sec. 897. 
 justice may, at any time before the eleventh day after and on failure to 
 exclusive of the day of rendering the verdict, by warrant to be re-summon- 
 the Sheriff of the city, order said jury to be re-summoned to 
 
 make said assessment and render a verdict thereon, which 
 verdict shall have the same effect as if rendered immediately 
 on rendering said principal verdict. 
 
 17. Such reasonable notice shall be given to the tenant iwd, sec. 898. 
 
 as the justice shall deem proper, of the time of the second Notice of sec- 
 ond meeting. 
 
 meeting of said jury, and the said justice may summon other 
 jurors in place of any of said jury who shall have died or other jurors, 
 who shall be returned by the Sheriff as sick or not to be 
 found. 
 
1098 Tenants foe Years or at Will. 
 
 Article L. — Statutes. 
 
 Ibid, lec. 899. jg. In all cases of tenancy mentioned in this law, if the 
 When tenant tenant, after notice, fail to quit at the end of the term, or at 
 
 may be made to 
 
 ^ent*^*"^^'* the period when he shall begin as aforesaid to he holding 
 over, such tenant, his executors or administrators, may, at 
 the election of the lessor, his heirs, executors or administra- 
 tors or assigns, be held as a tenant and bound to pay double 
 the rent to which the said tenancy was subject, and payable 
 and recoverable in all respects and to every effect as if, by the 
 original agreement or the understanding as to such tenancy, 
 said double rent were the reserved rent of the demised pre- 
 mises, according to the terms and conditions of payment of 
 such originally reserved rent. 
 
 Ibid, sec. 900. 19. An appeal may be prosecuted from any judgment of 
 Right of appeal, a justicc of the pcaco rendered under the provisions of this 
 law, 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 ad- 
 ministrators, in order to stay any execution of the judgment 
 against them, giving on such appeals, bond, with security, 
 with condition to prosecute the appeal with effect, and to 
 answer to the landlord, his executors and administrators, all 
 costs and damages mentioned in the judgment, and such as 
 shall be further incurred and sustained by reason of said 
 appeal and the delay thence arising. 
 
 Ibid, 860.901. 20. Such cases shall not be removable to the Baltimore 
 Not removable City Court, at any stage thereof, save by and upon appeal 
 
 except by ap- 
 peal, as aforesaid. 
 
 Ibid, aec. 902. 21. No proceedings to dispossess a tenant holding over 
 Proceedings not had bcfore auv iusticc of the peace and removed by appeal 
 
 to be reversed . . •> rr 
 
 for form. 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 
 
Tenants fob Ybaes oe at Will. 1099 
 
 Article L. — Statutes. 
 
 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 compe- 
 tent to said justice of the peace to have proceeded therewith. 
 
 22. Every such appeal shall be tried and finally deter iwd, sec. bos . 
 mined and proceeded with at the first term to which such Appeal to be 
 
 tried at fir«t 
 
 case shall be removed to the said court, unless for cause ^f^- 
 shown upon affidavit the court shall otherwise order. 
 
 23. The provisions of the preceding sections of this ibid, sec 904. 
 article, relating to tenants holding over, shall extend to the Heirs, executors 
 
 . , . and assigns to 
 
 heirs, executors and assigns of lessors, and reversioners, and have benefit of. 
 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 sections. 
 
 24. The justice has full power to enforce the attendance by iMd, sec. 905. 
 attachment of the jurors who may be summoned in any pro- jurors not at- 
 
 tending may I 
 
 ceeding under the general law in relation to tenants holding atuched. 
 over, or under the preceding sections relating thereto. 
 
 Decisions. — Bill for injunction, filed by M. to restrain D. from enforcing 
 by execution a judgment against him, rendered by the Court of Common 
 Pleas, (before Constitution of 1867,) on appeal from a justice's judgment, in 
 a proceeding by M., under this article, to oust D. as a tenant holding over. 
 Held : that the appellate powers in such cases being then vested in the Court 
 of Common Pleas, (now Baltimore City Court,) a court of Equity is neces- 
 sarily excluded from the exercise of that power, by inj unction or otherwise. 
 MUler v. DuvaM, 36 Md. 47. 
 
 The bill of complaint of O. alleged that O. having been for many years 
 the tenant of S. and being in possession of the premises under a lease 
 from February 1, 1864, for one year, at a rent of $1,100, towards the close of 
 that year it was verbally agreed between them that if O. would pay the in- 
 creased rent of $1,500, S. would execute to him a lease for one year with 
 the privilege of two or three, in O's discretion ; that O. remained in posses- 
 sion after the termination of the lease of 1864, and paid the increased rent 
 of $1,500, " as part and parcel of the agreement aforesaid, in performance 
 and consideration thereof," that S. having failed to execute the lease accord- 
 
1100 Tenants for Years or at "Will. 
 
 Article L. — Statutes. 
 
 ing to the agreements, O. notified him that he would enforce its specific per- 
 formance, at the same time making his election to take the property for the 
 whole three years ; and that S. replied by instituting summary proceedings 
 before a justice to eject O. from the premises. Whereupon O. filed a bill for 
 the specific performance of the agreement, and for an injunction as incident 
 thereto pending the proceedings. Held : that if S. had executed the lease, 
 O. would have been bound to pay the rent ; on the other hand, if the tenant 
 paid the rent " on the foot of the agreement," S. was bound to execute the 
 lease according to the terms agreed on : that the bill of complaint presented 
 a case entitling prima facie the complainant to an injunction until the com- 
 ing in of the answer or further order. Spear v. Orendorf, 26 Md. 37. 
 
 Where the relation o/ landlord and tenant exists, and through failure of 
 the landlord to take the necessary steps, as provided by law, to terminate 
 the tenancy at its expiration and summarily eject the tenant holding over, 
 the tenant has acquired the right to continue the tenancy at sufferance or 
 for another year, a court of equity will not intervene, and oust him because 
 he is a bad manager, or is vicious and disagreeable to his landlord, or is in- 
 solvent. Blain v. Everitt et al, 36 Md. 73. 
 
 An agreement by A. to let B. retain possession of certain property from 
 1st July, 1866, to 1st July, 1867, upon his giving the same rent that A. 
 " might be able to obtain from other parties," is not such an agreement as a 
 court of equity will enforce, as it lacks certainty and mutuality. Odston & 
 Meyeriberg v. Sigmund, 27 Md. 334, 353. 
 
 In a summary proceeding by a landlord to eject his tenant, the latter is 
 entitled to avail himself by way of defence, before the justice of the peace 
 and in the court on appeal from the justice, of whatever equitable right or 
 claim he may possess under a contract for the renewal or extension of his 
 leg,se ; and if the matter be decided against him in that tribunal, he is not 
 entitled to resort to a court of equity for relief. Ibid. 
 
 To summary proceedings instituted by A. against B. his tenant for a term 
 which ended 30th June, 1866, to obtain possession of premises, it would be 
 no answer or legal defence to show, that A. had made a contract of lease of 
 the same to C. to begin 1st July, 1866; such a lease to begin after the ter- 
 mination of B's term, was executory merely and would furnish no legal 
 ground for asserting that there was an outstanding adversary title in C. as 
 against A., such as is mentioned in sec. 5, of Art. 53, P. G. L. And B. would 
 not be entitled upon the allegation of such adversary title in C. to a pro- 
 duction of the evidences of A's title to the premises, and to an injunction to 
 restrain him from proceeding to enforce his judgment, recovered in a proper 
 tribunal for a restitution of the same. Odston v. 8igmund, 27 Md. 345. 
 
 H. leased certain premises to B. , the tenancy to continue until 1st July, 
 1860. Pending this tenancy, H. leased the same premises to S., whose ten- 
 ancy was to begin on that day. B. refused to surrender the premises on the 
 expiration of his tenancy, and S. was unable to enter; held : that S. having 
 the legal right of entry under his lease, and failing to obtain possession of 
 
Tenants for Years or at Will. 1101 
 
 Article L. — Statutes. 
 
 the premises through the wrongful act of B. has his right of action against 
 B., as a wrongdoer, but is not entitled to maintain an action against H. his 
 lessor. Sigmund v. Howard Bank, 29 Md. 324. 
 
 In a proceeding instituted by a landlord against a tenant for years, wrong- 
 fully holding over after the expiration of his term, judgment was rendered 
 by the justice of the peace for the tenant. The landlord appealed to the 
 Baltimore City Court, and a summons was issued for the tenant and re- 
 turned non e»t. Thereupon, a petition was filed by the landlord, alleging 
 that, although the summons was returned rum eat, it had been in fact served 
 by being made known to the family of the tenant, and also by service upon 
 his attorney ; the petition asked that the SherifiF might be directed to amend 
 his return by stating the facts specially in regard to the service of the writ. 
 Without notice to the tenant, an order was passed by the court directing the 
 Sheriff so to amend his return, which he did ; and the court proceeded to 
 try the case ex parte, and rendered judgment of restitution, together with 
 damages and costs. From this judgment the tenant appealed. Held : that 
 the tenant, not having been returned summoned, and only one return of Tion 
 est having been made, the Baltimore City Court had no jurisdiction of the 
 case, and its judgment therein unwarrantably pronounced, may be reviewed 
 on appeal and should be reversed. Mean v. Remare, 33 Md. 246. 
 
 Afterwards, on the application of the tenant, in the above case, a writ of 
 restitution was issued by the clerk of the Court of Appeals. On the peti- 
 tion of the landlord this writ was quashed. On the motion by the tenant to 
 rescind the order quashing the writ it was held : that the writ of restitution 
 was not only irregularly issued, but it was void for want of a judgment in 
 the Court of Appeals, upon which it could be founded ; that the effect of the 
 judgment of reversal of the Court of Appeals, was to leave the case stand- 
 ing in the City Court precisely as if no trial had occurred in that court, and 
 it was competent for the appellant in that court to proceed to give the legal 
 notice to the adverse party, and thereupon proceed to trial in the usual way. 
 A writ of restitution can only be issued upon the special award of the 
 court. Hears v. Remare, 34 Md. 333. 
 
 An action was instituted by a landlord to recover a year's rent from his 
 tenant upon the theory that he rented the house for one year, held over for 
 a second year, and left without legal notice, thereby becoming liable for a 
 third year. The suit was brought to recover the rent for the third year : the 
 defence was, that the lease was for a two years' term certain. A memoran- 
 dum made by the landlord's agent, stated, that he had rented the house to 
 the defendant " for $700 per year, rent to commence July 1st, 1867." Held : 
 that the memorandum not specifying any term of renting, was not contra- 
 dictory of testimony, which showed that it was limited to one year, and the 
 party offering it as evidence to the jury, would not be estopped thereby 
 from showing that the renting was for two years : where an agent was au- 
 thorized by his principal to rent certain premises for one year only, and he 
 rented them for two years, and the tenant retained them for that period, and 
 the principal received the rent originally agreed upon, for the second year, the 
 
1102 Tenants foe Years oe at Will. 
 
 Article L. — Statutes. 
 
 jury would be at liberty to infer that the principal ratified the contract for 
 the two years. Eeynolda <& Sauerwein v. Davison, 34 Md. 6C2. 
 
 M. made a lease of certain premises to S. and K. for three years, begin- 
 ning on the 1st October, 1869, at $35 a month, with the privilege of renewal 
 for two years, at $40 a month. S. and K. went into possession of the prem- 
 ises and occupied them for about two years and a half, when S. went out, 
 and K. continued the occupation together with H. who was his partner in 
 the busmess, carried on upon the premises, paying rent for the residue of the 
 original term of three years at the rate of $35 a month, and after that time 
 $40 a month, until the 1st October, 1873, when, without giving any notice 
 in writing to M. they left the premises, and H. tendered the key to M. which 
 he refused to accept. M. did not take possession of the premises until about 
 1st March, 1874, (other proceedings having been instituted to recover rent 
 for the months of October and November, 1873,) it was held : 
 
 1st. That the removal of S. from the premises and the occupancy by H. 
 with K. as his partner, and the recognition by M. of K. and H. as her ten- 
 ants by accepting rent from them, was evidence of the surrender by S. of 
 his tenancy and the acceptance by M. of H. as tenant in the place of S. 
 
 2d. That K. and H. having continued in possession as tenants after the 
 expiration of the original term of three years, and continuing to pay rent 
 thereafter at the rate of $40 a month, were liable to M. for the amount 
 claimed, by reason of their failure to terminate the tenancy by giving writ- 
 ten notice as required by sections 4 and 5 of this article. Kinsey & Haslup 
 V. Minnick, 43 Md. 113. 
 
 E. A. Frick v. S. M. Bona/parUy in City Court, March 24, 1874 : Premises 
 on North Street were leased by Bonaparte to Frick at $116.66 per month, 
 to be vacated by tenant on receiving thirty days' notice. Notice was duly 
 given by landlord, and proceedings to obtain summary possession instituted 
 before Myers, J. P. : the notice was to appear on the premises on 26th Sep- 
 tember; but there was no appearance by the landlord and justice on 
 that day, although the tenant and his counsel were there. 
 
 On 29th September the justice and sherifi" appeared on the premises: and 
 the justice thereupon gave judgment in favor of the landlord for restitution 
 of the premises, and also for $66.56 damages and $19.65 costs : the tenant 
 entered a protest and appealed. 
 
 It was contended by tenant on appeal that : the justice should have pro- 
 ceeded on the special day named in the summons as directed by section 10 of 
 this article, (see also sees. 2 and 3, of Art. 53, P. G. L.) The landlord con- 
 tended: that by sec. 21 of this article, the defective proceedings of the justice 
 were of no material importance, and that the decision must be on the merits. 
 
 Brown, C. J., held : that this latter view was correct. By sec. 14, of this arti- 
 cle, the jury is authorized and required to assess against tenant damage's not 
 exceeding double the rate of rent, and also for expenses of landlord over 
 and above legal costs ; and by section 9 of this article one justice has all the 
 
Tenants for Yeaes oe at "Will. 1103 
 
 Article L. — Statutes. 
 
 powers of two justices and jury. Judgment was accordingly rendered 
 against tenant for restitution of property and $950 damages and costs, (t. e. 
 rent $700, and damages and costs $250.) The court also held that: a notice 
 of thirty days "from date," excludes day of date. 1 Pickering's R. 485 ; 
 Taylor on Landlord and Tenant, p. 350. 
 
 Kearney v. Smith, in City Court, January 8, 1876. — In this case Edward 
 Kearney rented a room to Manson Smith for three months, to be used by a 
 glee club (of which Smith was treasurer) for two nights in each week ; the 
 room to be lighted and heated by Kearney. The room was occupied for 
 about one month, but was so inadequately heated that the club did not have 
 the beneficial use of the room : Smith then abandoned the room without notice 
 to Kearney. The latter before the end of the three months, but exactly when 
 did not appear, put a large stove in the room quite suflBcient to heat it. 
 Smith offered to pay Kearney for the nights he had used the room, but 
 Kearney demanded the three months' rent. Brown, C. J., held, that: the 
 failure to heat the room properly did not amount to an eviction; that there 
 was a failure on the part of Kearney to comply with his contract of heating, 
 to such an extent as to deprive the defendant of a beneficial use of the room, 
 that this court silting on an appeal from a judgment of a justice of the 
 peace is required to decide " according to law and equity and right of the 
 matter," and there should, therefore, be an abatement of the rent ; and in 
 making the abatement the court took into consideration the saving of coal 
 and gas by Kearney for the time after the club had abandoned the room. 
 
1104 Theatrical Exhibitions. 
 
 Article LI. — Statutes. 
 
 ARTICLE LI. 
 
 THEATRICAL EXHIBITIONS. 
 
 STATUTES . 
 
 Women and girls not to be em- I places of amusement, 
 
 ployed as waiters in theatres or I 3. Penalty for non-compliance. 
 
 ORDINANCES . 
 
 1. Penalty for indecent exhibitions. 
 
 2. Penalty for sparring exhibitions. 
 
 3. Acrobatic feats; net work to be 
 
 provided. 
 
 4. Penalty. 
 
 STATUTES. 
 1864, c, 399, s. 5. 1. It shall Dot be lawful for aiiy proprietor, lessee or man- 
 woinenand agcr of any theatre, museum or other place of amusement, to 
 fmpioyed°as * cmploj womcn or girls as waiters, or to permit them to act in 
 tres or places of such theatre or place of amusement, or among the audience 
 
 amusement. 
 
 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 liquors, 
 wines, lager beer, or any other refreshments or merchandise.* 
 ibidjB. 3. 2. Any person violating the provisions of the preceding sec- 
 
 Penaity for non- tiou shall be dccmcd guilty of a misdemeanor, and on convic- 
 compiiance. ^.^^ thcrcof in the Criminal Court of Baltimore, shall be sen- 
 tenced to pay a fine of not less than one hundred nor more 
 than one thousand dollars, or to imprisonment in jail not less 
 than one month nor more than six months, or to both fine and 
 imprisonment, at the discretion of the court, and to forfeiture 
 of license ; one-half the fine to be paid to the informer and 
 the other half to the State. 
 
 * See sec. 16, &c., of Art. LII, Vagrants. 
 
Theateioal ExHIBinONB. 1105 
 
 Article LI. — Ordinances. 
 
 ORDINANCES. 
 
 1. Every person who shall within the city of Baltimore act, No. 37, ■. 8, 
 exhibit, show or perform in, or cause to be acted, exhibited. Penalty for in- 
 
 , . 1 • 1 decent exhibi- 
 
 shown or performed, or be in any manner concerned in the 'ions, 
 acting, exhibition, showing or performance of any indecent or 
 blasphemous play, farce, opera, public exhibition, show or en- 
 tertainment or performance whatsoever, or of any indecent or 
 blasphemous part of any play, farce, opera, public exhibition, 
 show, entertainment or performance whatsoever, shall forfeit 
 and pay for every such offence the sum of twenty dollars.* 
 
 2. Every person who shall within the city of Baltimore no. 36, s.ie.R. 
 give or perform in, or be in any manner concerned in any pub- penalty for 
 lie sparring exhibition, shall forfeit and pay for every such buions. 
 offence the sum of twenty dollars. 
 
 3. No agent, owner or lessee of any house of public amuse- no. 104, Mar. 
 ment, or any agent, owner or lessee of any show, circus or Acrobatic feats, 
 public exhibition of any kind whatsoever, shall suffer or permit 
 
 any person whomsoever to do or perform those acts in which 
 feats of strength and skill are exhibited by the performer from 
 apparatus suspended at an extraordinary elevation above the 
 stage, without first providing a network of such character and Net work to be 
 
 provided. 
 
 materials as in the event of any miscalculation on the part of 
 the performer will be the means of saving him, her or them 
 from accident or injury. 
 
 4. Any agent, owner or lessee of any house of public amuse- iwa, s.2. 
 ment, or any agent, owner or lessee of any show, circus or pub- penalty, 
 lie exhibition of any kind whatsoever, offending against the 
 provisions of the preceding section, shall forfeit and pay a fine 
 
 of fifty dollars for every time such offence may be committed 
 in his, her or their house or place of public amusement, to be 
 recovered as other fines are recoverable. 
 
 * The city is authorized by sec. 10, Art. XXXIII, Licenses, (p. 577, ante,) 
 to regulate or restrain theatrical or other public amusements. 
 
1106 
 
 Vagrants. 
 
 Article LII. 
 
 ARTICLE LII. 
 
 VAGRANTS. 
 
 STATUTES . 
 
 1. Warrant to arrest, by whom is- 
 
 sued : when returnable. 
 
 2. Who deemed vagrants. 
 
 3. Upon proof of vagrancy to be 
 
 sent to almshouse, &c. 
 
 4. May be sent to House of Refuge, 
 
 House of Correction, &c. 
 
 5. Officers to detain. 
 
 6. To compel work. 
 
 7. Terms of confinement. 
 
 8. Officers to make rules and regu- 
 
 lations. 
 
 9. Guardian of minor to be sum- 
 
 moned. 
 
 10. Minor may be bound by judge or 
 
 justice. 
 
 11. Who deemed minors. 
 
 12. Orphans' Court to have jurisdic- 
 
 tion in case of minors. 
 
 13. When cases to be tried in Crim- 
 
 inal Court. 
 
 14. If jury trial demanded, justice 
 
 may certify case to Criminal 
 Court: case to be there tried. 
 
 15. Costs, what and how paid. 
 
 VAGRANT CHILDREN. 
 
 16. Children excluded from dance- 
 
 houses, concert saloons, &c.: 
 exception: penalty. 
 
 17. Habitual begging : care of child. 
 
 18. What children to be arrested : to 
 
 what institutions such children 
 
 to be committed : news-boys 
 excepted. 
 
 19. Persons representing themselves 
 
 as parents or guardians of such 
 children: penalty. 
 
 HOME OF THE FRIENDLESS. 
 
 20. What children may be sent to 
 
 Home : by whom to be sent. 
 
 21. To remain in care of home. 
 
 22. Managers may bind. 
 
 23. Indentures, how executed ana 
 
 recorded. 
 
 24. Powers of managers over chil- 
 
 dren. 
 
 25. Powers of constables, police, &c. 
 
 HENRY WATSON CHILDREN'S AID 
 SOCIETY. 
 
 26. How vagrant minors may be 
 
 taken care of, and who author- 
 ized to commit, &c.: powers of 
 society: regulations. 
 boys' home. 
 
 27. Objects. 
 
 28. Commitment to House of Refuge, 
 
 &c. 
 
 29. Powers. 
 
 DOLAN children's AID SOCIETY. 
 
 30. Objects and powers 
 
 HEBREW ORPHAN ASYLUM. 
 
 31. Objects and powers. 
 
 32. Children, how subject. 
 
Yaqrants. 
 
 1107 
 
 Article LII. — Statutes. 
 
 PROTESTANT INFANT ASYLtTM. 
 
 . Care of foundlings, orphans and 
 destitute children: powers of 
 Orphans' Court and justices of 
 the peace : when children to be 
 
 34. 
 
 bound out as apprentices : evi- 
 dence : records of children re- 
 ceived, &c. 
 Powers of asylum over children 
 committed. 
 
 STATUTES. 
 
 1. The judge of the Criminal Court of Baltimore, or any p. l. l., art. 4, 
 justice of the peace of the city of Baltimore, upon informa- warrant to ar- 
 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 sheriflF or any By whom is- 
 constable or police officer of said city, commanding him to 
 bring the person against whom the information is given, 
 before said court or said justice on a day to be named therein, when return- 
 not more than one week from the date of the warrant, to 
 answer to the said charge. 
 
 2. Every person who has no visible means of mainte- iMd, sec. 908. 
 nance from property or personal labor, or is not permanently who deemed 
 supported by 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 words or 
 gestures, shall be deemed an habitual beggar ; and every 
 person who wanders about and lodges in out-houses, 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 per- 
 son who leads a dissolute and disorderly course of life, and 
 cannot give an account of the means by which he procures 
 a livelihood, and every fortune teller or common gambler, Fortune teuers 
 shall be deemed a vagabond or disorderly person. *° ^*'° 
 
 3. The said court or said justice, upon proof that any ibid, sec. 909. 
 person is a pauper, an habitual beggar, a vagrant, a vaga- 
 
1108 
 
 Vagrants. 
 
 Article LII. — Statutes. 
 
 Upon proof of bond or disorderly person as aforesaid, shall send such per- 
 
 ragrancy, to be ' 
 
 house" lo"** son to the almshouse for said city, or to such other suitable 
 place as may be provided lor such purpose by the Mayor 
 and City Council of Baltimore. 
 
 ibid.sec.gu. 4. Whenever any house of refuge, house of correction, 
 
 May be sent to work-housc or othcr house, building or place shall be pro- 
 House of Ref- . / . . . 
 
 uge, House of yidcd by the Mayor and City Council of Baltimore, to which 
 
 Correction, fcc. '' •' •' ' 
 
 persons convicted under this law may be sent, the sa^'d 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 alms- 
 house.* 
 
 5. The trustees of the almshouse, and the officers of the 
 other places to which persons convicted under the preceding 
 two sections may be sent, shall keep them during the time 
 for which they are to be kept, so that they cannot escape 
 from said place. 
 
 6. The said trustees and other officers shall put such of 
 said persons so convicted as are able to work, to the work 
 which they are respectively best able to do. 
 
 7. The time for which any person shall be sent to the 
 almshouse or other place as aforesaid shall not be less than 
 one week nor more than two months, for the first occasion ; 
 and not less than one month nor more than six months for 
 the second or any subsequent occasion. 
 
 Ibid, sec. 914. 8. The trustccs of the almshouse and managers of the 
 Officers to make house of rcfugc, and officers of the other places to which 
 
 rules and regu- • •iini i-i 
 
 lations. persons may be sent as aforesaid, shall have the right to 
 
 make all proper rules and regulations for the purpose of 
 carrying out the aforesaid provisions. 
 
 Ibid, sec. 911. 
 
 Officers to de- 
 tain. 
 
 Ibid, sec. 912. 
 
 To compel to 
 work. 
 
 Ibid, sec. 913. 
 
 Terms of con- 
 finement. 
 
 * See Article XXVI, Houses of Refuge and Reformation. 
 
Vagrants. 1109 
 
 Article LII. — Statutes. 
 
 9. Whenever any minor shall be brought before the judge iMd. sec. 915. 
 or justice as aforesaid, the parents or guardians of such Guardian of mi- 
 rainor, 11 they be resident within the city 01 Baltimore, and moned. 
 their names and place of residence be made known to such 
 
 judge or justice, shall be summoned to show cause, if any 
 they have, why such minor should not be sent to the alms- 
 house or other suitable place, or be otherwise punished ac- 
 cording to law. 
 
 10. The said judge or justice shall, if a suitable master ibid.sec. 910. 
 or mistress can be found, and he judges it best for the minor, Minor may be 
 bind such minor an apprentice to some useful art, trade or or justice, 
 occupation, in the same manner and on the same conditions 
 
 as apprentices may now be bound by the laws of this State. 
 
 11. Every unmarried male under twenty-one years of iwd, sec. 917. 
 age, and unmarried female under eighteen years of age, who deemed 
 shall be considered minors within the meaning of the pre- 
 ceding section. 
 
 1 2. The Orphans' Court of Baltimore City shall have con- iwd, sec. 918. 
 current jurisdiction over all cases of minors under the pre- orphans' court 
 ceding sections, and exercise all the powers in relation to d^cuonVncwe 
 
 of minors. 
 
 them which are hereinbefore granted to the Criminal Court 
 and to justices of the peace of said city. 
 
 13. The Criminal Court of Baltimore shall try all cases ibid.sec. 919. 
 which may be brought before it in relation to vagrants and when cases to 
 beggars, in the same manner and at the same time as cases criminal court, 
 for assault and battery are now tried by said court ; provided, Prtyim. 
 that the trial shall be by jury, if demanded by the party 
 charged. 
 
 14. If in any case which may be brought before a justice of iwd, sec. 920. 
 the peace, or before the Orphans' Court, the party charged if jury trial de- 
 shall demand a jury trial, the said justice or said court shall phans- court or 
 
 justice mAjr cer- 
 
 certify said case to the Criminal Court of Baltimore, to be «fy case to 
 
 *' Criminal Court; 
 
1110 Vagrants. 
 
 Article LIE. — Statutes. 
 
 caseto be there proceeded with and" tried by said court, in the same man- 
 ner as if the case had been originally brought before said 
 court. 
 
 Ibid, sec. 921. 15. The justicc of the peace, and the clerk of the Crimi- 
 costg, what and ual Court, and Register of Wills of the Orphans' Court afore- 
 
 how paid. 
 
 said, respectively, shall receive the sum of twenty-five cents 
 for issuing every warrant, and fifty cents for making out 
 every commitment or indenture of apprenticeship of such 
 vagrants or beggars, and the constable, sherifi" or police 
 officer for serving said warrant, and bringing the person 
 charged before either of said courts, or before said justice, 
 shall receive the sum of fifty cents, and for carrying any 
 person committed to the place of commitment, the sum of 
 fifty cents, which several sums shall be paid as other costs 
 in criminal cases are now paid, but either of said courts, or 
 said justice, may at discretion adjudge that the said costs 
 shall be paid by the informer, in cases where the person 
 charged is acquitted. 
 
 VAGRANT CHILDREN. 
 
 1878, C.473. 16. No minor, if a girl under the age of sixteen years, 
 
 Children ex- and if a boy under the age of fourteen years, shall be ad- 
 dance-houses, mittcd to or permitted to remain in any saloon, place of 
 
 concert saloons, 
 
 *«• entertainment or amusement known as dance-houses, con- 
 
 cert saloon, theatre or varieties, where immoral, indecent, 
 obscene or vulgar language, display or performance is per- 
 mitted, allowed or carried on, or where any spirituous 
 liquors, wines, intoxicating or malt liquors are sold, ex- 
 
 Exception. changed or given away, unless accompanied by parents or 
 guardian. Any proprietor, keeper or manager of any such 
 place, who shall admit such minor to or permit him or her 
 to remain in such place, unless accompanied by parent or 
 guardian, shall be guilty of a misdemeanor, and shall, upon 
 
Yageants. 1111 
 
 Article LII. — Statutes. 
 
 conviction by any court of competent jurisdiction, be fined Penalty, 
 ten dollars and costs for each and every ofience.* 
 
 17. Every person having the custody of any girl under wtb, c. 473. 
 the age of sixteen years, and of any boy under the age of Hawtuai beg. 
 fourteen years, shall restrain such child from habitually 
 begging, whether actually begging or under the pretence of 
 peddling. Any person oflfending under this section shall be 
 considered and deemed as incapable of taking care of and ctr« of child, 
 providing for such child, and such child shall, by reason 
 thereof, be deemed as coming within the conditions of the 
 
 next succeeding section. 
 
 18. Any girl apparently under the age of sixteen years, i878,c.478. 
 and any boy apparently under the age of fourteen years, what children 
 that comes within any of the following descriptions named : 
 
 that is known to be habitually begging or receiving or 
 gathering alms, whether actually begging or under the pre- 
 tence of peddling or offering for sale anything, or being in 
 any street, road or public place for the purpose of so begging, 
 
 * As to mendicant and vagrant children, the Act of 1876, c. 392, provides, 
 that : any person whether as parent, relative, guardian, employer or other- 
 wise having in his care, custody or control any child under the age of six- 
 teen years, who shall sell, apprentice, give away, let out or otherwise dispose 
 of any such child to any person, under any name, title or pretence what- 
 ever, and any person who shall take, receive, hire, employ, use, or have in 
 custody any such child for the vocation, use, occupation, calling, service, or 
 purpose of singing, playing on musical instruments, rope walking, dancing, 
 begging, peddling or any mendicant or wandering business whatsoever, 
 shall be deemed guilty of a misdemeanor, and upon conviction thereof be- 
 fore any justice of the peace or other competent tribunal shall be fined in a 
 sum not less than fifty nor more than two hundred and fifty dollars, or suffer 
 imprisonment in a county jail for a period not less than thirty days nor more 
 than one year, or both such fine and imprisonment, in the discretion of the 
 court. And if on any examination before any magistrate, it shall be proved 
 that any child was engaged in any business or vocation designated, and in 
 the manner mentioned in this act, he shall be deemed a vagrant and shall be 
 committed to the custody of the poor or almshouse authorities to be dealt 
 with according to law. 
 
1112 
 
 Vagrants. 
 
 Article LII. — Statutes. 
 
 gathering or receiving alms ; that is found wandering and 
 not having any home or settled place of ahode 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 
 saloons, varieties, or places specified in section 16 hereof, 
 without parent or guardian, shall be arrested and brought 
 before a court or magistrate. When, upon examination before 
 a court or magistrate, 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 magistrate, when it 
 shall deem it expedient for the welfare of the child, shall com- 
 mit such child to an orphan asylum,charitableor other insti- 
 tute, or make such other disposition thereof as now is or may 
 hereafter be provided by la.w in case of vagrants, truant, dis- 
 orderly, pauper or destitute children ; provided, however, that 
 none of the provisions of this act shall be construed so as to 
 prevent children from selling or offering for sale newspapers. 
 
 19. Any person or persons representing himself, herself 
 or themselves to be, or passing himself, herself or themselves 
 off as, the parent or guardian of a child, or children, re- 
 ferred to in any of the aforesaid sections of this act, and it 
 shall appear that such person is not either the parent or 
 guardian of said child, such person or persons 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. 
 
 To what insti> 
 tutions such 
 children to be 
 committed. 
 
 Newsboys ex- 
 cepted. 
 
 1878, c. 473. 
 
 Persons repre- 
 senting them- 
 selves as pa- 
 rents or guard- 
 ians of such 
 children. 
 
 Penalty. 
 
 HOME OF THE FRIENDLESS. 
 
 20. The justices of the peace for Baltimore city, the trus- 
 tees of the poor for said city, and the ward managers of the 
 poor in said city, may commit to the care and charge of the 
 
Vagrants. 1113 
 
 Article LIL — Statutes. 
 
 Home of the Friendless, instead of sending to the almshouse, vagrant chil- 
 dren may be 
 
 all children, whether male or female, who are destitute or •ent to Home or 
 
 ' the Friendless. 
 
 suffering for want of support, or who may he found begging 
 about the streets of the city, or who are children of beggars. 
 
 21. The children thus committed to the care of said cor- p. l. L.art. 4, 
 
 , . sec, 9-2"2. 
 
 poration, shall remain under the care of the corporation, and to remain in 
 
 c&re of Home 
 
 of the managers thereof, and shall be obedient to the rules, 
 regulations and discipline as apprentices, and be subject to 
 all laws concerning the duties and liabilities of apprentices. 
 
 22. The Home of the Friendless, and the managers thereof, isro, e. 225. 
 may retain the said children under their care until they shall Managers may 
 be eighteen years, or 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 house wifery, or may un- 
 der terms proper in view of the said managers and to be by 
 them stipulated, place them for adoption, or as inmates with 
 any families or persons ; and the said corporation in the exer- 
 cise of any of the powers vested in them by this section, of 
 binding or placing out said minors, shall not be limited to 
 places within the State. 
 
 23. All instruments binding or placing out said children, p. l. l., art. 4, 
 shall be in writing, signed by the president and at least two indentures- 
 
 . Til 1 • I. ^^'^ executed 
 
 managers of said corporation, and by the persons taking the and recorded. 
 children as apprentices or otherwise, and shall be acknowledged 
 by the persons 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. 
 
 24. If any parent or guardian or any judge of the Orphans' 1370, c. 225, 
 Court of Baltimore city, or any justice of the peace for said city Power of man- 
 shall place under the care and control of the Home of the Friend- dfl" "^"^ *^ 
 less any child whether male or female under the age of eighteen 
 
1114 Vagrants. 
 
 Article LII. — Statutes. 
 
 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. 
 
 1870, c. 225. 25. Any constable or police officer of said city, upon ap- 
 
 constabies, &c., plicatiou of any manager of the Home of the Friendless, or of 
 
 may take chil- t n • r\ ^ 
 
 dren before his own accord, mav carry before anv ludge of the Orphans 
 
 Orphans' Court, t J J ^ J b f 
 
 mitment*^"™" ^lourt 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. 
 
 HENRY WATSON CHILDREN'S AID SOCIETY. 
 
 1864,0.296. 26. The judges of the Orphans' Court of Baltimore City, 
 
 How vagrant the judgc of the Criminal Court, any justice of the peace, the 
 
 minors may be ni-n ii i n i -t 
 
 taken care of, irustecs ot the roor and the ward managers oi the poor and 
 
 and who au- ° * 
 
 commu* &c ^"^ poHcc officcr or constable of said city, are hereby author- 
 ized and empowered to deal with and commit to the president 
 and board of managers of the Children's Aid Society of Bal- 
 timore,* any minor, whether male or female, in the same man- 
 ner and under the same circumstances, as they are authorized 
 to deal with and commit minors to the care and charge 
 of the Home of the Friendless, under this article ; and the 
 
 * By the Act of 1873, e. 14, the name of the Children's Aid Society of 
 Baltimore was changed to the Henry Watson Children's Aid Society 
 of Baltimore. This act declares, that the object of the society shall be to 
 improve the condition of poor and destitute children of the city of Balti- 
 more, and especially by procuring them homes in the country, and that all 
 legacies given by persons dying, after the date of the act [Feb. 12, 1873,] 
 and intended for this society, but given by its former name of The Children's 
 Aid Society of Baltimore, instead of its name as fixed by this act, shall re- 
 main and inure to the benefit of The Henry Watson Children's Aid Society 
 of Baltimore. This act was further amended by the Act of 1876, c. 81. 
 
Yageants. 1115 
 
 Article LII. — Statutes. 
 
 president and board of managers of said Children's Aid Socie- Powers of chn- 
 
 /.-I-,,. 11 t , 1 11 • dren's Aid So- 
 
 ty of isaltiraore are hereby vested in regard to all minors, ciety. 
 male or female, with all the rights, powers and authority which 
 the Home of the Friendless, or the president and managers 
 thereof by this article are vested with ; and are to observe the 
 same forms and regulations in regard to the binding out, adopt- Regulations, 
 ing or otherwise disposing of minors, male and female, com- 
 mitted to them by virtue of this section. 
 
 BOYS' HOME. 
 
 27. The special objects and purposes of the Boys' Home i874,c.68,«. i. 
 Society shall be to shelter and protect destitute and homeless objects, 
 boys, to furnish them with food, raiment and lodging, to stimu- 
 late them to honest efforts to earn a livelihood, to instruct them 
 
 after working hours in moral and religious truths, and in the 
 rudiments of education, to aid and encourage them out of va- 
 grancy and ignorance to rise up into a better life of virtue, 
 industry and usefulness, and generally to stand in the relation 
 of parent to such homeless boys. 
 
 28. The Boys' Home shall have authority to procure the iwd, s. 6. 
 commitment of any minor in the home, either to the House of commitment to 
 Refuge or to any other reformatory institution, in all cases Refuge, be 
 where, by reason of incorrigible or vicious conduct, such minor 
 
 has rendered his control beyond the power of the superin- 
 tendent 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 in 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. 
 
 29. The said society shall have power to place the boys ibid, s. 8. 
 committed to their care, during the minority of such boys, at powers, 
 such employments, and cause them to be instructed in such 
 
1116 Yagrantb. 
 
 Article LII. — Statutes. 
 
 powers. 
 
 branches of useful knowledge, as may be suited to their years 
 and capacities.* 
 
 DOLAN CHILDREN'S AID SOCIETY. 
 1872. c. 205, s. 8. 30. The Dolan Children's Aid Society, under the charge 
 Objects and of the Touug Oatholics' Friend Society, may exercise all the 
 
 powers conferred by law upon any other children's aid society 
 
 in the city of Baltimorcf 
 
 HEBREW ORPHAN ASYLUM. 
 1874, c. 340, s. 2. 31. Thc Hcbrcw Orphan Asylum of Baltimore City, and 
 Objects and the oflSccrs and board of directors thereof, shall have the exclu- 
 sive 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 corpo 
 ration ; 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 profes- 
 sion, trade, business, or useful occupation ; or may under terms 
 proper in the view of the said officers and board of directors, 
 and to be by them stipulated, 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 
 
 * See Act of 1878, c. 267, p. 459, sec, 12, ante. 
 
 t The Act of 1872, c, 21, recites that the Rev. James Dolan, late of the city 
 of Baltimore, deceased, by his last will and testament, duly probated, &c., 
 did bequeath the one-third part of his estate, real, personal and mixed, to the 
 Young Catholics' Friend Society of the City of Baltimore, for the purpose of 
 establishing a Children's Aid Society ; and that as doubts may exist as to 
 the vesting of said estate in said society, that in order to give validity to said 
 bequest, and to carry out the charitable design of said Dolan, it enacts that 
 the said devise and bequest, as also the specific devise of a house and lot on 
 Gough street, to the Young Catholics' Friend Society, for the purpose ex- 
 pressed in his last will and testament, is hereby confirmed, and the said 
 society is hereby authorized to hold the same for the said purposes. The 
 Act of 1872, c. 205, incorporated this society. 
 
Vagbantb. 1117 
 
 Article LII. — Statutes. 
 
 being limited to places within this State, and all such acts of 
 binding or placing out being required to be in writing, signed 
 by the president or vice president of said corporation, and by 
 the persons taking the children as apprentices as aforesaid, 
 and by said signers acknowledged 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 Eegister of Wills of Baltimore City. 
 
 32. The children received under the care and charge ibw, s, 4. 
 aforesaid shall be subject to all the rules, regulations and chiidren-how 
 discipline of said corporation to every effect as apprentices 
 
 are bound in respect to their masters and mistresses, and sub- 
 ject to all the laws concerning the duties, liabilities and pro- 
 bation of apprentices. 
 
 PROTESTANT INFANT ASYLUM, 
 
 33. The Protestant Infant Asylum of Baltimore City, a igyg, c. 297. 
 corporation duly incorporated under the laws of this State, care of round- 
 is hereby authorized and empowered to receive into its cus- and destftute" 
 tody, 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 committing to its keeping, by the parents, guar- 
 dians or others having the right of disposition, or by any 
 Orphans' Court or justice of the peace of this State, (if of powers of or- 
 
 the class of children whom such court or justice could law- and justices of 
 
 . the peace. 
 
 fully 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 re- 
 tain under its care, charge and restraint each of such found- 
 lings and infant children so committed to its keeping until 
 he or she shall have attained the full age of fourteen years, when children 
 or for any shorter period, and at or before said age to bind as apprentices, 
 out any and every one of said foundlings and infants for a 
 
1118 
 
 Yageants. 
 
 Article LII. — Statutes. 
 
 term of time not exceeding the age of twenty -one years if 
 the child be a male, or of eighteen years if the child be a 
 female, as an apprentice to learn any trade or business suit- 
 able to the sex of the child, or to learn to be useful in 
 housewifery, or to place them for adoption or as inmates 
 with any families or persons, or transfer them to the cus- 
 tody, charge, care and training of any corporate or other 
 home, asylum or other association authorized by law to re- 
 ceive 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 corporation taking 
 such child as apprentice, or for adoption, or for subsequent 
 custody, care and rearing, and by such signers acknowledged 
 before a justice of the peace of this State, and within one 
 month from the date thereof recorded in the office of the 
 Register of Wills of Baltimore City, at the expense of the 
 party so taking, receiving or adopting ; and provided, also, 
 that the said Protestant Infant Asylum of Baltimore City 
 shall keep a fair record in a suitable book of the admission 
 
 Evidence. 
 
 Where instru- 
 ments to be re- 
 corded. 
 
 Records efchii- of all children SO received into its custody and care, in which 
 
 dren received, rni jij j, ■, . . 
 
 &c- 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 corpo- 
 ration or its officer charged with the admission of inmates. 
 
 Ibid, •.a 34. The foundlings and infant orphan and other destitute 
 
 Powers of Asy- children under the care and charge of the said corporation, 
 dren committed shall be and remain under its control and restraint and under 
 its charge, and of the officers and managers and agents thereof, 
 and bound to obedience to its rules, regulations and discipline, 
 to every effect as apprentices are bound in respect of their 
 masters and mistresses, and subject to all laws concerning the 
 duties, liabilities, privileges and rights of apprentices. 
 
Water. 
 
 1119 
 
 Article LIU. 
 
 ARTICLE LIII. 
 
 WATER. 
 
 STATUTES. 
 
 ACQUISITION OF LANDS, WATEB8 AND 
 WATER-COURSES. 
 
 1. Power to corporation to pur- 
 
 chase, &c., land, &c., to intro- 
 duce water into city. 
 
 2. Agreement with owners of lands, 
 
 water, &c. 
 
 3. Power to condemn: warrant 
 
 from justice of the peace to 
 Sheriff: jury: notice. 
 
 4. Jury. 
 
 5. Power of jury. 
 
 6. Oath of jurors. 
 
 7. Inquisition. 
 
 8. Another inquisition : appeal to 
 
 the Court of Appeals: time 
 within which to be taken: 
 costs. 
 
 9. What inquisition to contain : ef- 
 
 fect of same. 
 
 10. Jury. 
 
 11. Compensation to jurors, Sheriff, 
 
 j&c: how paid. 
 
 WATER BATES, 40, 
 
 12. Corporation to issue certificates 
 
 of stock: water rates: how 
 collected : watchmen and po- 
 lice force : fines and penalties. 
 
 BALTIMORE WATER COMPANY. 
 
 13. Power to purchase right of com- 
 
 panies : water tax. 
 
 LAKE ROLAND, RESERVOIRS, DAMS. 
 
 14. Polluting the water in lakes, 
 
 dams, &c.: penalty. 
 
 15. Erecting privies, hog pens, &c.: 
 
 penalty. 
 
 16. Injuring dam : penalty. 
 
 PINES AND FORFEITURES. 
 
 17. Fines and forfeitures, how re- 
 
 coverable. 
 
 18. Action of damages. 
 
 PUMPS. 
 
 19. Power to erect and regulate. 
 
 ORDINANCES 
 
 WATER BOARD. 
 
 Six commissioners : president : 
 secretary : quorum : vacancies : 
 rules and regulations, &c.: ap- 
 pointment of police and watch- 
 men. 
 
 Meetings. 
 
 Title papers: books: monthly 
 statement : report to Council : 
 receipts and disbursements. 
 
 Officers not to be interested in 
 contracts, &c.: when contracts 
 void. 
 
1120 
 
 "Water. 
 
 Article LIII. 
 
 5. Water department : oflScers : sal- 
 
 aries: bonds. 
 
 WATER BEGISTBAR. 
 
 6. The Water Registrar : duties : 
 
 water rates : books : collectors : 
 depositing funds. 
 
 7. Daily payments to City Register : 
 
 8. Register to open account in bank: 
 
 payment of interest on water 
 stock. 
 
 9. How funds drawn from Register. 
 
 10. Monthly payments by Board. 
 
 11. Accounts with Registrar : abate- 
 
 ments. 
 
 12. Registrar to make monthly state- 
 
 ment: water takers: receipts 
 and expenditures. 
 
 WATER ENGINEER. 
 
 13. Duties: record of water takers, 
 
 &c. 
 
 14. To make out bills: to employ 
 
 labor: monthly and annual 
 statements: to hold no other 
 office. 
 
 WATER RATES. 
 
 15. When payable : discounts : how 
 
 bills collected. 
 
 16. Water rates : steam boilers used 
 
 for generating steam for en- 
 gines. 
 
 17. No charge for water used for 
 
 building purposes. 
 
 18. Completion of building to be 
 
 certified to Water Registrar: 
 penalty 
 
 19. Water meters for railroads, 
 
 hotels, &c.: charges : when 
 supply cut ofiF. 
 
 20. When abatements made in Reg- 
 
 istrar's office. 
 
 21. When water may be stopped : 
 
 fine for permitting others to 
 use water: for tapping pipe, 
 &c.: proviso. 
 
 22. Officers to report to Registrar. 
 
 23. Rates printed on bills. 
 
 26. 
 
 27. 
 
 28. 
 
 24. Free use of water by municipal- 
 
 ity: proviso: to what not ap- 
 plicable. 
 
 WORKS. — LAYING PIPES IN STREETS. 
 
 25. Permission to lay pipes: streets 
 
 to be restored to their former 
 condition. 
 
 Streets when dug up, how to be 
 repaired: rubbish, &c.: when 
 to be removed. 
 
 Defective pipes to be repaired. 
 
 What pipes : notice : duty of 
 Water Board relative to defect- 
 ive pipes: penalty for refusing 
 to allow Board to repair de- 
 fective pipes. 
 
 PAVEMENTS. 
 
 Pavements taken up, when to be 
 
 repaved. 
 Pavements not to be broken up 
 
 without permission. 
 Repaving regulated. 
 Paving, &c., streets: bricks to 
 
 mark water stops : penalty. 
 Water stops : penalty. 
 
 HYDRANTS AND FIRE PLUGS. 
 
 Unlawful to erect hydrants that 
 waste in the earth : penalty. 
 
 Hydrants regulated : penalty. 
 
 Penalty for allowing water to 
 flow from hydrants. 
 
 Penalty for injuring fire plugs or 
 opening the same. 
 
 INJURING WATER WORKS. 
 
 38. Penalty for inj uring water works. 
 
 NEW HYDRANTS AND FIRE PLUGS. 
 
 39. New hydrants, principle to be 
 
 approved by Board: penalty. 
 
 Board to erect fire plugs: pro- 
 viso. 
 
 Appropriation. 
 
 CONTROL OP OTIGISTRAR. 
 
 Connection not to be made or 
 water turned on without con- 
 sent of Registrar. 
 
 29. 
 
 30. 
 
 31. 
 32. 
 
 33. 
 
 34. 
 
 35. 
 36. 
 
 37. 
 
 40 
 
 41. 
 
 42 
 
Water. 
 
 1121 
 
 Article LIII. 
 
 43. Penalty for refusing to allow 
 
 Registrar to visit premises. 
 
 FINES AND PENALTIES, AND POLICE. 
 
 44. Fines and penalties, how recov- 
 
 ered. 
 
 45. Police to report violations of or- 
 
 dinance. 
 
 FOUNTAINS. 
 
 46. Public fountains. 
 
 PRIVATE PTTMPS. 
 
 47. Private wells : use of water. 
 
 48. Care of private pumps: when 
 
 ceded to city. 
 
 49. Penalty. 
 
 PUMPS. 
 
 50. Application for erection of 
 
 pumps : duty of Water Engi- 
 neer: apportionment: duty of 
 Water Registrar. 
 
 51. Water Registrar to furnish each 
 
 person assessed for pumps, bills 
 for same: enforcing payment. 
 
 52. Pumps out of limits of direct 
 
 taxation. 
 
 53. Appeal to Water Board: referees. 
 
 ARTESIAN WELLS. 
 
 54. Artesian wells : proviso. 
 
 CARE OF PUMPS AND FIRE PLUGS. 
 
 55. Repairs of wells and pumps : 
 
 proviso: report to Water 
 Board. 
 
 56. Water Engineer to examine 
 
 pumps. 
 
 57. Persons breaking, defacing, &c.: 
 
 penalty. 
 
 58. Water Board to receive pumps 
 
 erected by individuals : pro- 
 viso. 
 
 A88E8SMEMT FOR SINKING WELL OR 
 ERECTING PUMP. 
 
 59 Water Engineer to make assess- 
 ment, and return same to Reg- 
 
 istrar, &c.: provisos: appro- 
 priation. 
 
 REMOVAL OF PUMPS. 
 
 60. Removal of pumps. 
 
 61. Wells to be covered. 
 63. Places to be marked. 
 
 63. Penalty for removing marks. 
 
 PIPES OR SEWERS. 
 
 64. Not to be introduced into wells : 
 
 penalty. 
 
 OBSTRUCTION OP PUMPS, HYDRANTS 
 OR FOUNTAINS. 
 
 66. Pumps and hydrants not to be 
 obstructed: penalty. 
 
 66. Pumps, fountains, &c., protected 
 
 from nuisances : penalty. 
 
 LAKES AND RESERVOIRS IN DRUID 
 HILL PARE. 
 
 67. Lakes, &c., in Druid mil Park: 
 
 storage of water. 
 
 68. Power of Water Board: pro- 
 
 viso. 
 
 GUNPOWDER RIVER. 
 
 69. Water Board authorized to in- 
 
 troduce water of Gunpowder 
 river. 
 
 70. Contract for construction of 
 
 works. 
 
 71. Basis and substance of contract : 
 
 10,000,000 gallons per diem: 
 pumping engine: pipes: esti- 
 mate of work: certificate. 
 
 72. Sum to be paid not to exceed 
 
 what amount : bond from con- 
 tracting party. 
 
 73. Rights of way, &c. 
 
 WATER STOCK OF 1916. 
 
 74. Authority to issue. 
 
 75. $5,000,000. 
 
 GUNPOWDER RIVER STOCK OF 1894. 
 
 76. Authority to issue. 
 
1122 Wateb. 
 
 Article LIII. — Statutes. 
 
 STATUTES. 
 ACQUISITION OF LAND, WATER AND WATER COURSES. 
 P. L. L. art.4, 1. The Mavor and City Council of Baltimore may, from 
 
 sec. 938, 1853, c. . . "" 
 
 376. time to time, contract for, purchase, lease and hold to them 
 
 Power to Mayor and' their successors, in fee simple, or for a term of years, any 
 
 and City Coun- , , , . i i t J i J 
 
 cii to purchase, land, real estate, spriner, brook, water and water-course, and 
 
 &c., land ' r D 7 j 
 
 iltroduce'Water ^^^^ ^^^ right to usc and occupj, forcvcr or for a terra of years, 
 into city. ^jjy land, real estate, spring, brook, water or water-course 
 
 which they may conceive expedient and necessary for the pur- 
 pose of conveying water into the said city, for the use of the 
 said 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 they may deem it neces- 
 sary to convey the said water, and they are hereby invested 
 with all the rights and powers necessary for the introduction 
 Topassordi- of watcr into Said city, and to enact and pass all ordinances 
 fectuating the from time to time which shall be deemed necessary and proper 
 
 introduction of . i /y« i , • . ,. , 
 
 water into city, to cxercisc the powcrs and enect the objects above specmed. 
 
 Ibid, sec. 929. 2. The Mayor and City Council of Baltimore, or any agent 
 Agreement by them authorized, may agree with the owner or owners of 
 
 with owners of i -i i l • ^ i 
 
 land, &c. any land, real estate, spring, brook, water or water-course as 
 
 aforesaid, earth, timber, stone or other materials which the 
 said Mayor and City Council may conceive expedient or neces- 
 sary to purchase and hold, for the purpose of introducing water 
 into the said city. 
 
 Ibid, sec. 930. 3. If they cannot agree, or if there be any incapacity or 
 Power to con- disability to contract with the owner or owners of such land 
 or real estate, spring, brook, water, or water-course as aforesaid, 
 earth, timber, stone or other materials, or with the owner or 
 owners of such lands through which the said Mayor and City 
 Council may find it necessary to have a right of entry and 
 passage, for the purpose of conveying the said water into the 
 
 demn. 
 
"Water. 1123 
 
 Article LIII. — Statutes. 
 
 said city, or if such owner or owners shall be absent, out of 
 the State, or unknown, it shall be lawful, on the application of 
 the Mayor and City Council, for any justice of the peace of the 
 county in which such lands, earth or other property or materials 
 as aforesaid are situate, to issue his warrant to the sheriff of said |JfsUcroVth^ 
 county, commanding him to summon from the said county a jury ^***^* *' sheriff, 
 of twenty freeholders, inhabitants of said county, not related to Jury, 
 the owner or owners or persons interested, as aforesaid, in the 
 said real estate or other property, to meet on the premises which 
 is 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 NoHoe. 
 day by the Mayor and City Council to every owner or person in- 
 terested 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 un- 
 known, such notice shall be published not less than eight weeks 
 successively in some one or more of the daily newspapers of Bal- 
 timore city, and in one or more of the newspapers of the county 
 in which such property may be located, if any newspaper be 
 published in such county. 
 
 4. From the list of jurors so returned and attending, the ibia, sec. 931. 
 person, the condemnation of whose property may be desired, jury, 
 may strike four, and the said Mayor and City Council 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 hereinafter directed, to strike off 
 jurors for the party so refusing or neglecting, so that the num- 
 ber of jurors be reduced to twelve, as aforesaid. 
 
 5. The jurors so remaining shall inquire into, assess and ma, sec 932. 
 ascertain the sum or suras of money to be paid by the said Power of jury. 
 Mayor and City Council of Baltimore, for the land, spring, 
 
 brook, water-rights or other property which they may deem 
 necessary to purchase and hold or use for the purpose aforesaid. 
 
1124 Water. 
 
 Article LIII. — Statutes. 
 
 Ibid, a. 733. 6. Before the said jury act as such, the said sheriff or his 
 
 Oath of Jurors, deputy shall administer to each of thetn 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 Mayor and City Council 
 of Baltimore, 
 
 Ibid, s. 934. 7. The Said jury shall reduce their inquisition to writing, 
 
 Inquisition. and shall sign and seal the same, and it shall then be returned 
 by the said sheriff to the clerk of the Circuit Court of said 
 county, and be by such clerk filed in his ofiice, and shall be 
 confirmed by said court at its next session, if no sufiicient 
 cause to the contrary be shown ; and when confirmed shall be 
 recorded by the said clerk at the expense of the Mayor and 
 City Council of Baltimore. 
 
 1876, c. 19. 8. If not confirmed, the said court may direct another in- 
 
 New inquisi- quisition in the manner above described From any decision 
 Appeal to Court OH matter of law made by said court on a hearing for confirma- 
 Time within tiou, an appeal maybe taken to the Court of Appeals, pro- 
 taken, vided such appeal be taken within ten days after such decision 
 
 shall be made, and the Court of Appeals may award costs to 
 
 either party in its discretion 
 
 p. L. L. art. 4, 9. The iuquisition shall describe the property taken or the 
 What inquisi- 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 ten- 
 dered to the owner or owners of said property, or his or their 
 Effect of same, legal representatives, shall entitle the said Mayor and City 
 Title. Council of Baltimore to the use, estate and interest in the 
 
 same thus valued, as fully as if it had been conveyed by the 
 Valuation. owucr or owucrs of the same; and the valuation, if not re- 
 ceived when tendered, may at any time thereafter be received 
 from the Mayor and City Council of Baltimore, without in- 
 
"Water. 1125 
 
 Article LIII. — Statutes. 
 
 terest, bj the said owner or owners, or his or their legal repre- 
 sentative or representatives. 
 
 10. If the twenty jurors summoned as aforesaid shall not iwa, s. 937. 
 appear at the time and place appointed as aforesaid, the sheriff J>"y- 
 
 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. 
 
 11. The jurors so summoned and attending shall be allowed iwd, «.9S8. 
 the same compensation as is allowed to the jurors in the Cir- compen«ation 
 
 to jurors, 
 
 cuit Court of the county ; and the sheriff shall be allowed sheriff, «tc. 
 similar fees as are by law allowed for the summoning jurors to 
 attend the Circuit Court of the county, and also a per diem of 
 two dollars for every day he or his deputy shall be in attend- 
 ance upon an inquisition ; and such expenses shall be paid by How paid, 
 the said Mayor and City Council of Baltimore, except in cases 
 of objections to the confirmation of inquisitions before the 
 Circuit Court, when the costs in said court may be awarded 
 in the discretion of the court. 
 
 WATER RATES, &c. 
 
 12. For the purpose of defraying all the expenses and costs ises. c. 467; 1870, 
 of said lands, waters and water-rights as shall have been taken corporaUonto 
 
 issue certifi- 
 
 for the purposes aforesaid, and of constructing all works neces- cates of stock, 
 sary to the accomplishment of said purposes, and all expenses 
 incident thereto, the said Mayor and City Council of Balti- 
 more shall have authority in the name of the city to issue cer- 
 tificates of debt to be denominated 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, 
 
 * As to Redemption of Stock of 1875, and acts and ordinances, see Stock, 
 in this article. 
 
1126 Water. 
 
 Article LIII. — Statutes. 
 
 and under such provisions as the Mayor and City Council may 
 deem expedient and proper; the said Mayor and City Council 
 
 Water rates, are hereby authorized and empowered to assess rates for the 
 supply and use of water at any point in Baltimore city and 
 county,* and the Mayor and City Council are hereby author- 
 ized to enforce payment for the use of water, and other expen- 
 ses incurred in the introduction of water from the water mains, 
 according to the rates established by the said Mayor and City 
 
 How collected. Council, Said payments to be enforced by the same process that 
 city or State taxes are collected, or they may be collected by 
 process before a justice of the peace, or in any of the courts of 
 the city of Baltimore having jurisdiction in such cases ; and 
 the said Mayor and City Council are hereby authorized and 
 
 ■Watchmen and empowered to appoint watchmen or such police force as may 
 
 police force. r. i • /> i • i • i • 
 
 be necessary for the protection of their water- works in the city 
 and county of Baltimore, and to impose fines and penalties for 
 interference with or injury to the works or their appendages, 
 to prevent the water from being obstructed or contaminated, 
 and to prohibit all meddling or tampering with the water- 
 Fines and pen. works aud their appurtenances ; said fines and penalties shall 
 be enforced as provided in Art. XIX, Fines and Forfeitures. 
 
 BALTIMORE WATER COMPANY. 
 
 p. L, L.,art. 4, 13. The Mayor and City Council of Baltimore are hereby 
 Power to pur- authorizcd to purchase all the property, estates, rights and 
 RigWof com- privileges of any chartered company authorized to introduce, 
 ^"^ * or which may hereafter be authorized to introduce water into 
 
 * Watbk Tax.— The Act of 1868, c. 467, repealed 1866, c. 38, and is identi- 
 cal therewith, except that after the words " at any point in Baltimore city 
 and county," the clause, (in the Act of 1866, c. 38, and also in the Act of 
 1862, c. 83, which the Act of 1866 repealed,) viz : "to assess a water-tax on 
 Twmes and other buildings in said city within three hundred feet of tlie line of 
 water-pipes ; provided, they shaU not assess a water-tax on any building wJtere 
 the water is not taken on the premises, for a sum greater than ffoe doUars, nor 
 less than one doUar per annum" is omitted and repealed. 
 
Watee. 1127 
 
 Article LIII. — Statutes. 
 
 said city, upon such terms as may be agreed upon by the 
 Mayor and City Council of Baltimore 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 Mayor and City Council of Baltimore 
 and sucli corporation or corporations, and such corporation is 
 hereby authorized to execute a conveyance or conveyances to Title, 
 the Mayor and City Council of Baltimore, of all the franchi- 
 ses 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 Mayor and City Council of Baltimore, as fully 
 in every respect as might or could have been done by any 
 such corporation or corporations under their respective char- 
 ters. 
 
 LAKE ROLAND, RESERVOIRS, DAMS. 
 
 14. If any person shall wilfully pollute the water in any i87o,c.a». 
 lake, dam, reservoir, line of conduit, water-pipe, gate-house, Polluting water 
 
 \ ' , -. , : ° . ' in lakes, dams, 
 
 or other work constructed or used for supplying the city oi &c. 
 Baltimore with water, by swimming, bathing or washing 
 therein, or by washing, or causing to be washed therein, or 
 so near thereto as to pollute the water therein, any clothes, 
 the skin of any dead animal, or any impure, fetid or nox- 
 ious animal or vegetable 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 or persons so offending shall forfeit and 
 pay a sum not less than five nor more than fifty dollars for penalty. 
 each offence. 
 
 15. If any person shall erect, or cause to be erected, any ibw, ». a. 
 privy, hog pen, bleaching or dyeing establishment, or other Erecting prir- 
 thing, over any lake, dam, reservoir, line of conduit, water- |'{j "Z^' ^*''"' 
 pipe, gate house or other work constructed or used for sup- 
 
1128 Wateb. 
 
 Article LIII.— Statutes. 
 
 plying the city of Baltimore with water, or so near thereto 
 as to pollute or discolor the water therein, the person or per- 
 Penaity. sons 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 the 
 same shall have been given. 
 
 1861, C.240, 8.3. 16. If any person shall injure, or cause to be injured, de- 
 injuring dam, faced 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 
 Penalty. shall forfeit and pay a sum of not less than five nor more than 
 
 fifty dollars for each offence. 
 
 1861, c. 240 s. 4. 17. All fines and forfeitures imposed by the last preceding 
 Fines and for- scctiou shall be recoverable by warrant before any justice of 
 
 feltures, how 
 
 recoverable. the pcacc in and for the city of Baltimore, or in and for 
 Baltimore 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. 
 
 Ibid, s. 6. 18. The preceding two sections shall not be construed to 
 
 Action of dam- cxcmpt any pcrsoD or persons 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 destruc- 
 tion of any part of the works used in supplying the city of 
 Baltimore with water, in any suit for damages on account of 
 said injury, brought by the Mayor and City Council oT Bal- 
 timore. 
 
 PUMPS. 
 
 p. L. L., art. 4, 19. The Mayor and City Council have power to erect and 
 Pumps. regulate pumps in the streets, lanes and alleys. 
 
 Note. — Section 941 of Article 4, Public Local Laws, section 14 of City 
 Code of '69, relating to dams at Raven's Rocks, was repealed by the Act of 
 1876, 0. 17. 
 
Water. 1129 
 
 Article LIU. — Ordinances. 
 
 ORDINANCES. 
 
 WATER BOARD. 
 
 1. There shall be appointed biennially, in the month ofNo. lo. s. i, 
 March, as other city oflBcers are appointed, a board of six com- no/ss, bet. s, 
 missioners, who shall be residents of the city of Baltimore, who, six commis- 
 with the Mayor, shall be styled the Water Board of the City 
 of Baltimore ; said commissioners to be men of undoubted 
 character, and selected with a view to skill and efficiency. The 
 Mayor shall be the president of said Board, and preside at all preBident. 
 meetings which may be held to deliberate upon the affairs of 
 the Water Department. Any fonr members of said Board Quorum, 
 shall constitute a quorum for the transaction of business. The 
 Board shall have authority to appoint a secretary, whose duty secretory, 
 it shall be to keep a record of the proceedings, and perform 
 such duties as may be assigned to him by the Board. They 
 shall have authority to fill any vacancy or vacancies that may vacancies, 
 occur in their body, by reason of the death, resignation or re- 
 moval from the city of any of its members during the recess of 
 the City Council, and in the absence of the Mayor, to appoint 
 a president pro tempore; to make and pass all rules and regu- Rules and regu- 
 lations for the government of the Board, the laying and tap- 
 ping of pipes, or for the protection and preservation of the said 
 pipes, or other property and appurtenances of the water-works ; 
 and to affix penalties, and to enforce the same for any viola- 
 tion of their rules and regulations : to appoint or secure the Appointment of 
 
 ' police & watch- 
 
 appointment of such police force and watchmen as may be men. 
 
 necessary for the protection, care and preservation of, and to pre- 
 vent obstruction or injury to the water-works and their append- 
 ages, and to adopt all necessary regulations to preserve the 
 purity of the water, and to enact and enforce such rules, regu- 
 lations and penalties as they may deem necessary, in accord- 
 ance with section 12, statutes, of this article. 
 
1130 Water. 
 
 Article LIII. — Ordinances. 
 
 Ibid, g. 1. 2. It shall be the duty of said Board to meet once in every 
 
 Meetings. month, and ofteuer if required, to mature and decide upon all 
 plans in reference to the general policy, details and manage- 
 ment of all other matters touching the city's interest in said 
 Water Department, consistent with existing laws. 
 
 Ibid, s. 3. 3. The said Water Board shall arrange and keep all the 
 
 Title papers, title papers, and copy the same in a book to be kept in the 
 Books. office. The Board shall provide suitable books in which the 
 
 general accounts shall be regularly posted, showing an aggre- 
 gate of all the transactions of the department ; and a state- 
 Monthly state- ment of said general accounts shall be made at each monthly 
 meeting of the Board. And on or before the twenty-fifth day 
 of January, annually, the Board shall present to the City 
 Report to Coun- Council a report containing a full statement of the condition of 
 the water-works, and of the lands and other property con- 
 nected therewith, with a statement of the general accounts, 
 Receipts and and of all recciptsand expenditures for the precediug year, 
 
 disbursements. , . . 
 
 together with any information or suggestions the commission- 
 Report of engi- ers may deem important. And they shall at the same time 
 
 neer and regis- /. i -n • 
 
 trar. transmit to the City Council the annual report of the iiUgineer 
 
 and Registrar. 
 
 Ibid, s. 3. 4. No member of the Water Board, and no person appointed 
 
 Officers not to to officc uudcr this Ordinance, shall be interested, directly or 
 
 be interested in., -i • ^ -i 
 
 contracts, &c. mdircctly, in any contract, bargain, sale or agreement in rela- 
 tion to the water- works, or any matter or thing connected there- 
 with, wherein the city is interested, without an express vote of 
 
 When contracts the City Council ; and any and all contracts, bargains, sales or 
 agreements made in violation of this section, shall be utterly 
 void as to the city, and said office to be vacated. 
 
 No. 64, May 21, 6. The Said Water Board shall have authority to appoint a 
 
 Officers of Water Engineer, a Civil Engineer, a Water Registrar, four 
 
 ment. clerks and two collectors in the Registrars Department, and one 
 
 clerk in the Engineer'sDepartment, and such gate-keepers,super- 
 
Wateb. 1131 
 
 Article LIIL — Ordinances. 
 
 intendents and watchmen or police as may be necessary ; and 
 
 the salaries and duties of all such appointees shall be deter- salaries. 
 
 mined upon by the Water Board, and they may be dismissed 
 
 at any time by the Board ; provided, however, that no salary Proviso. 
 
 of any employee of said Water Board shall exceed that now 
 
 paid the Water Engineer. The Board shall take bonds from Bonds from em- 
 
 " ployees. 
 
 any or all employees, to be approved by the Mayor, in such 
 
 penal sum as may be required. 
 
 WATER REGISTRAR. 
 
 6. There shall be appointed annually in the month of De- no. 83, oct.a, 
 cember, by the said Water Board, a Water Registrar, who shall The water Re- 
 hold oflSce until his successor is appointed. He shall, under Duties. 
 
 the direction of the Board, with the assistance of the collectors, 
 assess the water-rates on all buildings where the rates are estab- Water r»tes. 
 lished by law ; and with the assistance of the clerks in his 
 department, shall keep suitable books, in which shall be entered B»ok8, 
 all transactions of his department, the names of all persons 
 who take the water, the kind of building, the name and num- 
 ber of the street, the number of taps, and the amount charged, 
 the names of the owners of all buildings, with the street and 
 number of the building, and the front feet. He shall in due 
 time prepare bills for rents and other accounts due the Water Biiis. 
 Board, and require the collectors to deliver said bills and ac- collectors, 
 counts promptly ; and he shall supervise all books and accounts 
 the Board may direct to be kept in his oflBce. All funds re- 
 ceived from every source on account of the Water Board shall 
 be paid to the Water Registrar, and the same shall be deposited Depositing 
 daily as the ordinances of the city may direct. 
 
 7. It shall be the duty of the Water Registrar to pay over no. lo s. 12, 
 
 •' CI f ^ March 27, '62. 
 
 daily to the City Register each and every sum of money re- Daii^ payments 
 ceived by him on account of rents or other dues of the said ter. 
 Water Department. 
 
1132 Water. 
 
 Article LIII. — Ordinances. 
 
 Ibid, s. 11. 8. And the Register is hereby authorized and directed to 
 
 Register to open ODcn an account iu such bank as the Commissioners of Finance 
 
 account in bank • -i i ii -rrr i -r\ l 
 
 may direct, where all moneys received by the Water Depart- 
 ment shall be deposited ; the fund so deposited to be withdrawn 
 from said bank as may be required to pay the expenses incurred 
 by the Water Board ; and on or before the first day of May 
 Payment of in- and November in each year, a sum sufiicient to pay the interest 
 
 terest on water , in • ■, 
 
 stock. on the water stock debt of the city ; and after said expenses 
 
 and the interest on the water stock shall have been paid, the 
 
 Sinking fund, surplus shall be applied on the first day of May and Novem- 
 ber in each year to the sinking fund of the water stock. 
 
 Ibid, s. 12. 9. And no funds shall at any time be drawn from the Re- 
 
 How funds gister, unless duly authorized by the Water Board, and recorded 
 gister. on the journal ; all checks, drafts or orders on the Register, so 
 
 ordered by the Water Board, shall be signed by the president 
 
 and secretary of the Board. 
 
 Ibid, s. 12. 10. All claims upon the Board shall be paid monthly, and 
 
 Monthly pay- no payments shall be made unless the bill or claim be certified 
 
 ments by Board. , , ~, i i i • t i 
 
 by the onicer or other person duly authorized to make an agree- 
 ment or contract for the Water Board, and all payments shall 
 be ordered by the Board, and the order recorded on its jour- 
 nals. 
 
 No. 85, Oct 3, 11. The Water Board shall keep an account with the Water 
 
 '66 8. 6. 
 
 Account with Registrar, in which he shall be charged with the water-rents 
 and other indebtedness due, the number of water-takers, and 
 the amount paid. All money collected and paid over by the 
 Registrar shall be credited on said account, and all abatements 
 or deductions proposed shall be submitted to the Board, and if 
 
 Abatements, approved by the Board, the abatements may be made, and the 
 Registrar's account credited with the amount. 
 
 Ibid, s. 7. 12. The Water Registrar shall, on or before the first Mon- 
 
 Registrarto day iu cach and every month, make a detailed statement for 
 
 make state- in-, . c ^ • -\ 
 
 ment monthly the previous mouth, 01 the operations of his department, to 
 
Water. 1133 
 
 Article LIII. — Ordinances. 
 
 the Board, and on or before the lirst Monday of January, an- 
 nually, shall present to the Water Board a report, containing 
 a statement of water-takers, the number of cases where the water-tokere. 
 water has been cut off, tiie number and amount of abatements, 
 the. new supplies made, the receipts and expenditures of the Receipts and 
 
 • expenditures. 
 
 Water Board, and such other matters as he may deem ex- 
 pedient. 
 
 WATER ENGINEER. 
 
 13. The Water Board shall appoint, annually, in the month ibia.s. s. 
 of December, a Water Engineer, who shall hold his office until Duties, 
 a successor is appointed. He shall take charge of all the 
 works connected with or in any way appertaining to the Water 
 Department, and have the general out-door arrangement of all 
 matters relating to the water-works, and the appurtenances 
 thereto, as the Water Board may from time to time direct. He 
 shall make all connections of service pipe extending from the 
 water-mains to the outside of any building where the water is 
 taken ; and no lead pipe shall be laid connecting with the 
 main pipe less than thirty-six inches beneath the surface ; and 
 the quality and size of all service pipe used by the engineer 
 must be approved by the Water Board. He shall keep a re- 
 cord in his office, showing the number of water-takers, their Recerd of water, 
 location, and the prices charged to each, and a record showing 
 the streets, lanes, alleys, &c., wherever the water pipes are or 
 may hereafter be laid, the size of the pipes, the openings in 
 the mains, the number and position of fire plugs, and of all 
 new supplies, and all cases where the supply has been stopped 
 off, and the reasons for stopping off the water. And no pipe pipeg, &c. 
 or main shall be tapped, opened or re-opened for a supply of 
 water, unless it be done under the direction of the Water En- 
 gineer exclusively. 
 
 14. He shall make out bills as soon as the work is done for iMd, s. 8. 
 tapping, laying service pipe and other charges for new sup- to make out 
 plies, and all bills for materials sold by order of the Board, 
 
1134 Watbr. 
 
 Article LIII. — Ordinances. 
 
 and deliver said bills to the Registrar for collection. And it 
 shall be the duty of the said Engineer, with the sanction of the 
 
 To employ la- Water Board, to employ such labor, and conduct such opera- 
 tions as may be needed from time to time ; to report to the 
 
 Monthly and board at its monthly meeting, a detailed statement, showing 
 
 annual state- , ' <=> . ^ o 
 
 ments. the Operations of his department for the preceding month, and 
 
 annually, on the first Monday in January, a full statement of 
 the work under his charge; the amount expended during the 
 year, for what purpose, the quantity and value of materials on 
 hand, and all such other information as may be required by 
 the board. He shall be responsible to the Board for the good 
 condition of the works, and for the faithful performance of the 
 duties of all persons employed on the water-works, or in ex- 
 tending, repairing or removing water-mains, and all other 
 
 Tohoid no other work in his department I and during the period for which he 
 
 public office. . ^ , 
 
 is appointed, he shall hold no other public office whatever. 
 
 WATER RATES. 
 
 Ibid, s. 10; No. 15. All charges for water-rates shall be made for the cur- 
 es, May 9, »64. ° 
 
 When payable, rent Calendar year, and shall be due and payable yearly in 
 advance, on the first day of January, in each and every year ; 
 and all bills for water-rates charged by the year, if paid at the 
 office of the Water Registrar on or before the first day of 
 
 Discounts. March, shall be entitled to a deduction of ten per cent.; if 
 paid on or before the first day of April, eight per cent.; if 
 paid on or before the first day of May, six per cent.; if paid 
 on or before the first day of July, four per cent.; if paid on or 
 before the first day of September, two per cent. No discount 
 shall be made after the first day of September, and all bills 
 not paid by the first day of October shall be placed in the 
 
 How bills col- hands of collectors, and shall then be collected in the same 
 
 lected, , 
 
 manner and subject to the same costs as the City Collector is 
 or may be authorized to demand in collecting taxes overdue to 
 the city, or they may be collected as other small debts are col- 
 lected, before a justice of the peace. 
 
Water. 1135 
 
 Article LIII. — Ordinances. 
 16. The followiner charsres or rateafor the use of hydrant iwd.s. ii ; no. 
 
 o o -^ 41, May 23, '62. 
 
 water shall be for one year as follow3, viz : water rate*. 
 
 For stores and warehouses not occupied as dwellings, 
 
 22 feet front and over $10 00 
 
 For stores and warehouses not 'occupied as dwellings, 
 
 17 feet and less than 22 feet front 8 00 
 
 For stores and warehouses not occupied as dwellings, 
 
 under 17 feet front 6 00 
 
 For a private family in a house over 22 feet front 14 00 
 
 For a private family in a house over 17 feet front and 
 not over 22 feet front 12 00 
 
 For a private family in a house over 14 feet front and 
 not over 17 feet front 9 00 
 
 For a private family in a house over 12 feet front and 
 
 not over 14 feet front 7 50 
 
 For a private family in a house 12 feet front and under 5 00 
 
 For a Louse occupied by more than two familie8,|^for 
 each additional family, $2 extra. 
 
 For bath tubs for each house occupied by a private 
 
 family 2 00 
 
 For attachments to hydrants for washing pavements, 
 
 &c 3 00 
 
 For bathing tubs for public hire or use, each 10 00 
 
 For water closets in private families, each house 2 00 
 
 For horses, each 1 50 
 
 For carriages, each 1 50 
 
 For cows, when stabled, each 1 00 
 
 For taverns, refectories, livery stables, lager beer houses, 
 boarding houses, barber shops, daguerreotype saloons 
 and offices, and for the use of water in any form (un- 
 less otherwise herein expressly provided) the charges 
 or rates may be prescribed by the Water Board, as 
 they deem proper, and in the assessment of water- 
 rates on buildings of large front and comparatively 
 
1136 Wateb. 
 
 Article LIII. — Ordinances. 
 
 small depth, not exceeding twenty-four feet, the 
 Water Board is authorized to modify the assess- 
 ment of water-rates. 
 
 No. 65, Api. 28. The charge per annum for all steam boilers used for gener- 
 steam boilers atiug stcam for engines only, when using the water supplied 
 
 used for gener- 
 ating steam for bv the citv, sball be fixed at the rate of five dollars per horse- 
 engines. ^ .1 > I 
 
 power, but in case other excessive uses are required for the 
 water, a meter may be substituted, by which the usual rates 
 will be charged. 
 
 No. 66. April 17. No charge shall be made for the use of water for build- 
 
 29, '76. " 
 
 No charge for iug purposcs, and all persons using water for building purposes 
 
 M^fttcr usBd for 
 
 building pur- shall havc the use of it under such restrictions as may be pre- 
 
 poses. "" *■ 
 
 scribed by the Water Department. 
 
 No. 66,Api. 29, 18. Parties using water for building purposes, shall, within 
 Completion of One wcck after the completion of the building or buildings, 
 
 building, to be •/»!/. i . ., x-» • i i /» 
 
 certified to Certify the fact to the Water Kegistrar, under a penalty oi ten 
 
 Water Regis- '' & ' r J 
 
 trar. dollars failure or neglect so to do, the fine to be collected as 
 
 Penalty. . 
 
 other fines and penalties are collected. 
 
 No. 7, Dec. 92, 19. Where large quantities of water are required, as in the 
 Water Meters casc of railroads, hotels, manufacturing and other establish- 
 hoteis,&c. ' ments, whether for steam engines or otherwise, the Water 
 Board shall have power to ascertain by meters the amount of 
 water used, and the proprietors or occupants of hotels, taverns, 
 boarding houses or any other establishments using large quan- 
 tities of water shall also have authority to place within their 
 premises, at their own expense, a sufficient water-meter, to be 
 approved by the Water Registrar, for the purpose of measuring 
 the quantity of water by them respectively used ; the charge 
 Charges. for the usc of Water by meter shall be two cents for one hun- 
 
 dred gallons, to be collected quarterly by the Water Registrar ; 
 When supply and all such bills shall be paid within ten days thereafter, or 
 the Water Registrar shall cut off the supply. 
 
Water. 1137 
 
 Article LEI. — Ordinances. 
 
 20. No abatement from the above charges will be made No. 41,8 ii, 
 
 ^ May 23, '62. 
 
 unless the property be reported at the office as vacant, and when abate- 
 
 ments made at 
 
 the supply having been stopped off for three months ; all Registrar's 
 abatements must be made at the office of the Water Begistrar ; 
 where parties have paid their bills in advance, the Water 
 Board may direct the amount of the abatement to be returned, 
 and no abatement will be made unless the parties show that they 
 have applied at the Registrar's office to have the water shut off. 
 
 21. All bills in arrears may be deemed a sufficient reason ibw.s. n-. No. 
 
 *' ^ 83, Oct. 3, '66. 
 
 for stopping the water until all arrears are paid ; whenever when water 
 
 , ~, „ - may be stopped. 
 
 the water is stopped off for non-payment of water-rents, one 
 dollar shall be paid to the Water Registrar before the supply 
 is turned on again ; the owners of property will in all cases be owners respon- 
 held responsible for the payment of water-rates ; all persons 
 using the hydrant water without the knowledge of the Engi- 
 neer or Registrar, and all persons permitting their neighbors 
 not entitled to use the water without a written permit, will be 
 subject to a fine of not less than one dollar nor more than Fine for permit- 
 three dollars for each offence; and, in such cases, the Regis- use water, 
 trar shall shut off the water from the premises of all such 
 persons ; and no person or persons will be permitted to intro- 
 duce the hydrant water on his, her or their prenyses, without 
 the authority of the Water Board, and in case of discovery, 
 the water shall be stopped off; provided that nothing herein proviso, 
 contained shall be so construed as to prevent any citizen 
 from furnishing water, in necessitous cases, in quantities not 
 exceeding two gallons. Any person tapping, or causing to Fine for tap- 
 
 , piog pipes, (&c. 
 
 be tapped, any pipe belonging to the city, or any private pipe 
 connecting with the city pipe, will be subject to a fine of twenty 
 dollars ; all fines to be collected as other fines and forfeitures 
 are now collectable. 
 
 22. And all the officers and employees of the Water Board iMd.s. ii. 
 are hereby directed to report at the Water Registrar's office officers to re- 
 ail cases coming to their knowledge of persons using the trar. 
 
1138 Water. 
 
 Article LIII. — Ordinances. 
 
 hydrant water without authority, as provided in the preceding 
 section. 
 
 Ibid, A H. 23. The Water Board is hereby authorized and required 
 
 Rates printed to have printed on the back of each bill distributed to the 
 
 on bills. ' 
 
 water consumers, the tarifi' of rates upon which water is served 
 to them, together with the terms, discounts, fines and penalties 
 prescribed by this ordinance. 
 
 No. 55, May 14, 24. It shall uot be lawful for the Water Board to charge the 
 
 '78. ° 
 
 Free use of wa- Mavor and Citv Council for the use of water in any of the de- 
 ter by munlci- J J J 
 
 paiity. partments of the city government, embracing the City Hall, 
 
 City Jail, Bayview Asylum, market houses, market halls, pub- 
 lic schools, engine houses, public parks or squares, court 
 
 Proviso. houses, and Harbor Board department; provided, that this 
 
 section shall not be construed so as to require the Water Board 
 
 To what not ap- to lay dowu free of charge pipes for conducting water to or 
 distributing water in any of the public squares or parks, or any 
 of the public buildings of the city of Baltimore, or to erect 
 any fountain or other water fixture or ornament therein or 
 thereat ; it being the true intent and meaning of this section 
 that it shall apply only to the use of Water. 
 
 WORKS. 
 
 LAYING PIPES IN STREETS. 
 
 No. 43, B. 1, R. 25. The Water Board of the City of Baltimore shall have 
 Permission to full powor and authority to convey water under and along any 
 
 lay pipes. t-> i • j 
 
 of the streets, lanes and alleys of the city of Baltimore, and 
 to lay a pipe or pipes in any of the said streets, lanes and al- 
 leys, for the purpose of conveying and distributing the said 
 water; and the said pipes from time to time to renew and re- 
 pair, and for that purpose to dig, break up and open all or any 
 part of such street, lane or alley, and of the pavement or foot- 
 ways thereof, leaving at all times a suflicient passage-way for 
 carriages, horses and foot passengers, if the same will admit 
 
Water. 1139 
 
 Article LIII, — Ordinances. 
 
 thereof, and restoring forthwith to their former condition all streets to be re 
 
 1,1 J n in stored to their 
 
 such streets, lanes and alleys, pavements and rootways, as shall former condi- 
 from time to time and at any time be so dug, opened and taken 
 up, and mending and repairing all injuries to said streets, lanes 
 and alleys, pavements and footways, arising from their so dig- 
 ging, opening and taking up the same as aforesaid. 
 
 26. Whenever the Water Board, or any of their agents or iwd, s. 2. 
 workmen, shall take up any part of the pavement or dig up streets when 
 
 /. , 1, /. 1 • i> Tt ^ • ^^^ up, how to 
 
 any part 01 the streets, lanes or alleys 01 the city 01 xJaitimore, be repaired, 
 for the purpose of laying or repairing the pipes for conducting 
 the water through the city, or into the houses or lots of the cit- 
 izens, they shall proceed without delay to putting down or re- 
 pairing the pipes, as the case may be, and immediately there 
 after fill in the earth or otherwise secure the place so dug up 
 from becoming a nuisance or endangering the persons riding 
 or driving through the same, and shall also when the same is 
 repaved, as hereinafter provided, remove without delay the RnbWsh.&c, 
 
 , , . , .... 1 I • when to be re- 
 
 stone, earth, sand or rubbish remaining irom the laying or re- moved, 
 pairing such pipes. 
 
 27. As often as any of the said pipes shall prove defective, ibia, s. 3. 
 
 so as to cause the water to flow on the surface of the ground or Defective pipes 
 pavement, it shall be the duty of the said Board to have the 
 same immediately repaired. 
 
 28. The pipes mentioned and referred to in the preceding ibid,s.4. 
 section are hereby declared to mean and be any pipes laid by what pipes, 
 the said Board or in connection with the works under their 
 
 care, under or along any street, lane or alley of the city, 
 whether the same be under or along the space covered or de- 
 signed to be covered with the foot pavement or not, and a 
 notice of the fact, by any person whatsoever, left at the office Notice, 
 of said Board, shall be a sufficient notification. And it shall Duty of water 
 
 be the duty of the said Water Board, whenever they shall be to defective 
 
 . . pipes, 
 
 notified that any pipe or pipes laid by them or m connection 
 
1140 Water. 
 
 Article LIII. — Ordinances. 
 
 with the works under their charge, within the limits of any 
 private property in the said city, are defective, so as to prevent 
 or cause the water to flow upon the surface of the ground or 
 pavement, to make immediate application to the owners or oc- 
 cupants of said property, should the occupant not be the owner 
 thereof, for permission to send their workmen upon the prem- 
 ises to repair the same, and if any owner or occupant of any 
 property, or agent of such owner, shall, upon such application, 
 refuse permission to said Board thus to repair defective pipes 
 as aforesaid, or refusing the said permission, shall not imme- 
 Penaity for re- diatcly repair the same themselves, they shall be subject to a 
 board to repair penalty of ten dollars for every day after such application until 
 
 defective pipes. ^ -^ J J rr 
 
 such repair is made and such pipes secured. 
 
 PAVEMENTS. 
 
 ibid.fs. 5. 29. In all cases where the said Board or any of their agents 
 
 Pavements Or workmcu shall take up the pavement for the purpose afore- 
 
 when to be re- said, and shall not repave the same in a reasonable time, at the 
 p*v^<i> . . . . . . ^ 
 
 City commis- discretion of the City Commissioner, the said commissioner 
 
 sioti6r> 
 
 shall give notice to the said Board to have the same immediately 
 repaired ; and if the Board refuse or neglect to have it done the 
 City Commissioner shall proceed to have it repaired at the ex- 
 pense of said Water Board. 
 
 Ibid, 3.6. 30. It shall not be lawful for any person or persons, com- 
 
 pavements not pany or Corporation, to remove any of the stone or brick pave- 
 without permis- ments of the city for the introduction of water-pipes without 
 
 sion. " 1 . /. 
 
 permission from the Water Board, and the replacing of said 
 pavement to be under the superintendence of the City Com- 
 missioner, at the expense of the party removing the same ; and 
 any person or persons, company or corporation, who shall vio- 
 Penaity. late this scction, shall forfeit and pay a fine of twenty dollars, 
 
 to be applied as provided in section 44 hereof 
 Ibid, 8. 7. 31. In all instances where the pavement of any street, lane 
 
 Kepaving regu- Or alley which may have been heretofore or may hereafter be 
 opened or dug up by said Water Board, has not, in the judg- 
 
Wateb. 1141 
 
 Article LEU. — Ordinances. 
 
 raent of the City Commissioner, been well and effectually re- 
 paved, the said Water Board, being informed thereof in writing 
 by the said Commissioner, shall forthwith proceed well and 
 effectually to repave the same, and the expenses thereof shall 
 be chargeable to and paid by the said Board. 
 
 32. Whenever it becomes necessary to pave, repave or re- no. 3, Feb, 5, 
 pair any street, lane or alley in the city of Baltimore, it shall Paving, ic, 
 be the duty of the paver or contractors to distinctly mark by 
 
 three bricks on edge, or iron box, all water-stops of private Bricks to mark 
 
 . r r water stops. 
 
 water-pipes leading from the city's main pipes to the property 
 opposite to which the stop may be found. He or they so 
 offending shall forfeit and pay for each and every neglect the 
 sum of ten dollars, to be paid to the Register for the use of Penalty, 
 the Water Department. 
 
 33. It shall be the duty of the owners of property, plumbers, ibid, s. 2. 
 bricklayers or other person or persons, in paving or repaving water stops, 
 the side-walks, yards or alleys, to distinctly mark by three bricks 
 
 on edge, or iron box, the water-stops that may be covered by 
 said paving or repaving, under a penalty of ten dollars for each Penalty, 
 and every neglect of the same, to be paid to the Register for 
 the use of the Water Department. 
 
 HYDRANTS AND FIRE PLUGS.* 
 
 34. It shall not be lawful for any person or persons to No. 50, April 5, 
 erect any hydrant which wastes in the earth, or from which unlawful to 
 
 erect hydrants 
 
 the water in the pipe, between the valve and the nozzle, runs which waste m 
 
 ^ ^ ' th« earth . 
 
 back into the ground when the lever is let down, nor any fix- 
 ture of any kind by which the waste-water from the pipes is 
 discharged below the surface of the pavement ; any person or 
 persons who shall violate this section, upon conviction thereof 
 before any justice of the peace of the city, shall forfeit and 
 
 * See p. 291, ante. 
 
1142 Water. 
 
 Article LIII. — Ordinances. 
 
 Penalty. pay the sum of twenty dollars, to be paid as provided in the 
 
 preceding section. 
 
 No. 43, 8. 8, B. 35. All persons who may use the water from the hydrants 
 Hydrants regu- Under the charge of the Water Board, or any water company 
 within this city, shall conveyor cause to be conveyed all the 
 surplus water from their respective hydrants by means of gut- 
 ters, trunks or pipes, into the public streets or otherwise, in 
 such manner as not to injure the public footways or the pro- 
 perty of their neighbors, under the penalty of five dollars for 
 each and every offence. 
 
 Ibid, s. 9. 36. If any owner or owners, occupier or occupiers of any 
 
 Penalty for ai- housc or tenement, shall let, permit or suffer any hydrant or 
 
 lowing water to 
 
 flow from hy- hvdrants attached to such house or tenement, to discharge 
 
 drants. '' , 
 
 more water than may be necessary for the use of such owner 
 or occupiers; if such discharge shall, by the freezing of the 
 water in any street, lane, alley or yard in this city, or from any 
 other cause, occasion any injury or inconvenience to the public 
 or to individuals, such owner or occupier shall forfeit and pay 
 a sum not exceeding ten dollars. 
 
 Ibid, s. 10. 37. If any person shall break, injure, carry away or des- 
 
 Penaity for in- troy any of the fire plugs or instruments belonging thereto; 
 
 juring fire plugs 
 
 or opening the or if auj persou Or pcrsous not authorized by ordinance, or 
 otherwise, shall open and sufier any tire plug to discharge 
 water therefrom, such person shall, for every such offence, 
 
 Proviso. forfeit and pay the sum of twenty dollars ; provided that this 
 
 section shall not extend in any case to any person performing 
 the necessary cleaning of apparatus of the Fire Department, 
 or attending to any duties required by the corporation. 
 
 INJUEING WATER WORKS. 
 
 Ibid, s. 11. 38. If any person or persons shall do or cause to be done 
 
 Penalty for in- any act whatsocvcr whereby the water-works belonging to the 
 
 juring water ■ /. t-> i <=><=> 
 
 works. city of Baltimore, or any pipe, plug, cock or any engine or 
 
Watee. 1143 
 
 Article LIIl. — Ordinances. 
 
 machine appertaining to the same shall be stopped, obstructed, 
 impaired or injured, the person or persons so offending shall 
 forfeit and pay a sum not exceeding twenty dollars. 
 
 NEW HYDRANTS. 
 
 39. No new hydrant shall be used unless the principle of ibtd,s. 13. 
 said hydrant be first approved by the Water Board : and any New hydrants, 
 
 •' . . ^'^ '' ' *' principle to be 
 
 person violating this section shall forfeit and pay a fine of ten approved by 
 dollars, to be paid to the Register for the use of the Water 
 Department. 
 
 NEW FIRE PLUGS. 
 
 40. The Water Board is hereby directed to have at least ibw, a. u; No. 
 
 58, Oct. 1, '58. 
 
 thirty fire plugs erected annually hereafter, and placed at Board to erect 
 
 fire plugs. 
 
 such points or places as in their judgment will best serve for 
 the extinguishment of fires ; provided the Water Board shall Proviso, 
 place at least one fire plug to the front or face of each square 
 of ground or buildings where water-pipes may be laid down. 
 
 41. The sum of five thousand dollars is hereby appro- ibia, s. 15. 
 priated annually, to pay the expenses of erecting fire plugs ; Annual appro- 
 and the Register is hereby directed, with the approbation of plugs. 
 
 the Mayor, to pay such sum or sums to the order of the 
 Water Board, not exceeding the annual appropriation for that 
 purpose. 
 
 CONTROL OF WATER REGISTRAR. 
 
 42. Should any person or persons, occupant or occupants, iwd, s. n. 
 make the connection or turn or let on the water, without the connection not 
 
 . to be made or 
 
 written consent of the Registrar, to his, her or their pre- water turned on 
 
 o ■•• without consent 
 
 mises, he, she or they shall forfeit and pay a sum of not less °^ Registrar, 
 than one dollar nor more than ten dollars. 
 
 43. Should any person or persons, occupant or occupants, ibid.s. is. 
 refuse to permit the Registrar or his agent to visit his, her penalty for re- 
 
 1 n 1 • 1 fusing to allow 
 
 or their premises, when in the official discharge of his duty. Registrar to 
 
 ■•^ ' o 1 ' yjg,t premises. 
 
 he, she or they shall forfeit and pay a sum of not less than 
 one dollar nor more than ten dollars. 
 
1144 "Water. 
 
 Article LIII. — Ordinances. 
 
 FINES AND PENALTIES AND POLICE. 
 Ibid, s. 19 ; No. 44. All fines and penalties imposed by this ordinance 
 
 36, Mar. 24, '71. ^ , 
 
 Fines and pen- shall be recovered as other fines and penalties are, and shall 
 
 allies— how re- ■, -n, • /• i r- ^ ttt -r\ 
 
 covered. be paid to the Eegister for the use of the Water Depart- 
 
 ment. 
 
 Ibid, s. 20. 45. It shall be the duty of the police to report all viola- 
 
 Poiiceto report tious of Water Ordinances, all new buildings using the water 
 
 violations or or- , . „ 
 
 dinance, &c. from hydrauts or fire plugs for building purposes, wasting of 
 water from hydrants, fire plugs out of order, bursted pipes, 
 and person or persons who are using the water from the fire 
 plugs, or causing the water to flow from them contrary to 
 the provisions of any city ordinance. 
 
 FOUNTAINS. 
 
 No. 107, June 8, 46. The Water Board of the City of Baltimore is hereby 
 Public foun- authorized and empowered, wherever in their judgment it 
 
 tains for human 
 
 beings and shall bc neccssary, to erect or cause to be erected, under the 
 
 dumb animals. "^ ' 
 
 supervision of the Water Engineer, public fountains for the 
 use of human beings and dumb animals, in such localities 
 throughout the corporate limits of the city of Baltimore as 
 will best subserve the public interests ; the expense of the 
 same to be taken out of the annual appropriation for plugs, . 
 
 pumps and fountains. 
 
 PRIVATE PUMPS. 
 No. 108, Junes, 4*7. Whenever permission shall be granted to any person 
 
 '76. 
 
 Private wells, or pcrsous to siuk a well and erect a pump therein on the 
 highways of the city of Baltimore, the person or persons to 
 whom such permission shall be granted shall comply in full 
 with the instructions given by the Water Engineer, under 
 whose supervision all private wells shall be sunk and private 
 pumps erected! No permission shall be granted to any per- 
 
Water. 1145 
 
 Article LIII. — Ordinances. 
 
 son or persons to sink a well and erect a pump therein on use of water, 
 any of the highways of the city of Baltimore, unless the 
 water thereof shall be subject to the free use of the public. 
 
 48. All pumps known as private pumps, erected by per- iwa.s.s. 
 mission of the Mayor and City Council of Baltimore, shall care of private 
 
 pumps. 
 
 be taken care of by the owner of the property in whose in- 
 terest the permission to erect the same may be granted, and 
 any change in the ownership of said property shall transfer 
 the obligation to take care of such pumps, unless the same 
 shall have been ceded to the corporation, as provided in sec- ceded tocity. 
 tion 58 of this article. 
 
 49. Any person or persons violating any of the provisions ibid, *. 4. 
 of the preceding two sections shall be liable to a penalty of Penalty, 
 five dollars, and a further penalty of one dollar for every day 
 
 the violation shall be permitted to exist, to be recovered as 
 other fines for violating city ordinances are recoverable. 
 
 PUMPS. 
 60. Whenever the owners of property in any locality which no. eo, s. 1, 
 
 May 12 '59. 
 
 may be so situate that it cannot be supplied with hydrant Application for 
 water, desire a well to be sunk or pump to be erected, within pumps, 
 the limits of direct taxation, sixteen or more of them, and if 
 outside the limits of direct taxation, and within the limits of 
 the city, eight or more of them shall make application to the 
 Water Board in writing, describing the place where the new 
 well or pump is required, the Water Engineer shall examine Duty of water 
 the location and report to the Water Board the situation of 
 the property surrounding, together with the distance the 
 water-pipes are from the said location ; if, in the judgment 
 of the Water Board, the well and pump are requisite to the 
 public good, the Water Engineer shall forthwith cause the 
 work to be done by contract to be given to the lowest re- 
 sponsible bidder, after due notice for proposals shall have 
 
1146 Water. 
 
 Article LIII. — Ordinances. 
 
 been published in two of the daily papers of the city, and 
 Apportionment, when Completed he shall apportion the expense on all the 
 assessable property which, in his judgment, will be bene- 
 fited by the erection of said pump or sinking said well. The 
 Water Engineer shall make or cause to be made a correct 
 list of the persons who are liable to pay said apportionment, 
 Proviso. and the amount to be paid by each person ; provided that 
 
 all property which may be supplied with hydrant water 
 shall be exempt from any such assessment ; and the said 
 Water Engineer shall not assess any person having a pri- 
 vate pump in good order more than one-half the cost for 
 which said person would otherwise have been liable ; he is 
 also hereby directed to deliver to the Water Registrar a du- 
 plicate of such list under his hand and seal, with directions 
 for collecting the same, neverthless correcting any mistakes ; 
 Duty of Water the Registrar shall collect the same, through the agency of 
 
 Registrar. o ./ 
 
 the collectors of water-rents for the use of the city, under 
 the direction of the Water Board, adding ten per cent, as 
 Distress. commission for said collection, by distress or otherwise, and 
 
 pay the amount to the City Register. 
 
 Ibid, s. 2. 51. It shall be the duty of the Water Registrar, immedi- 
 
 water Regis- atcly upou recciviug from the Water Engineer any assess- 
 
 Irar to furnish -i c ' -i • n • p • i 
 
 each person as- ment made for sinking wells or erecting pumps, to furnish 
 
 f^me.^' ^"^ °^ ®^^^ ^^ *^® persons assessed with a bill of his, her or their 
 
 proportion of the expense assessed as aforesaid ; and if the 
 
 person or persons so charged shall not pay the same within 
 
 sixty days after the bills have been delivered, it shall be the 
 
 Enforcing pay- duty of the Water Registrar forthwith to proceed to enforce 
 
 ment. 
 
 payment according to law. 
 
 Ibid, 8. 3. 52. Whenever any public pump or well without the 
 
 Pumps out of limits of direct taxation, and within the limits of the city, 
 
 limits of direct . ., , i-iniii 
 
 taxation. shall requu'c to be repaired or deepened, it shall be the duty 
 
 of the Water Engineer, upon the application in writing of 
 
Water. 1147 
 
 Article LIII. — Ordinances. 
 
 any seven proprietors of houses or lots, who may be liable 
 to be assessed for such repairs or deepening of such wells, to 
 cause the same to be done, and to assess the expenses thereof 
 on the property benefited thereby, and the Water Engineer 
 shall also issue his warrant to the Water Registrar, who 
 shall collect the same, in the manner provided for collecting 
 the expense of new pumps and wells. 
 
 53. If any person shall think himself or herself aggriev- ibid,8.4. 
 ed by the pump-tax herein directed to be levied, he or she Appeal to water 
 
 board. 
 
 may, within ten days after being furnished with his or her Tax. 
 account, appeal in writing to the Water Board, which is 
 hereby authorized and directed to nominate and appoint 
 three persons of integrity and ability, not interested or re- Referees, 
 lated to the parties, to examine the assessment or tax, and 
 either alter or confirm the same, as they, or any two of them, 
 may determine, and shall return the same to the Water 
 Board, with their decision in writing, which shall be final 
 and conclusive, and each of the persons so appointed shall 
 be entitled to one dollar for his service as aforesaid, to be 
 paid by the person or persons appealing, in case the first 
 assessment should be confirmed, otherwise it shall be charged 
 in the expenses of erecting the pump, and levied and col-, 
 lected in the same manner as other charges thereof. 
 
 ARTESIAN WELLS. 
 
 64. The provisions of the preceding sections, 50 to 53, are ibid,s. 5. 
 hereby made applicable to the construction of artesian wells Artesian weiu. 
 as fully as to the ordinary wells and pumps; provided that the Proviso, 
 petitioners shall be responsible for all expenses that may ac- 
 crue from sinking such artesian well, if a failure should taka 
 place in the attempt to procure water.* 
 
 *In case of a failure to procure water, the petitioners who have applied 
 for the sinking of the artesian well, are to be responsible for the expenses 
 
1148 Watee. 
 
 Article LIII. — Ordinances. 
 
 CAKE OF PUMPS AND FIRE PLUGS. 
 
 Ibid, s. 6. 55. The Water Registrar is hereby authorized to draw on the 
 
 Repairine wells Register of the City for such sums as may be necessary to keep 
 
 such wells and pumps in repair as may subserve the public 
 Proviso. good ; provided that no greater sum shall be expended in any 
 
 one year than that which shall be appropriated for repairs ; 
 
 the expense whereof shall be borne by the corporation ; and 
 Reportto Water the Water Registrar shall, once in every three months, render 
 
 to the Water Board a just and true account of all money by 
 
 him expended in repairing or deepening pumps and wells, 
 
 with vouchers for the same. 
 
 Ibid. 8.7. 56. It shall be the duty of the Water Engineer to examine 
 
 Water Engineer evcry pump bcforc it is put iuto the well, and ascertain 
 pumps. whether the work and material be of good quality, and also 
 
 Dimensions of 866 that all wclls, whcu Completed, are of at least five feet in 
 diameter, clear of the walls ; in all public pumps hereafter 
 repaired or constructed, the platforms shall be of stone, and 
 Nozzles. .all new pumps shall have metal nozzles with screws corres- 
 
 ponding with those on the hose used by the Fire Department. 
 
 Ibid s. 8. 57. If any person or persons shall wilfully break, defile, 
 
 Persons break- Tcmove, dcfacc, or Carry away the handle, or ladle, or cover, 
 
 &c.' pumps, fire or obstruct any pump standing in the streets, lanes or alleys 
 
 of the city, or otherwise damage or injure the same, or injure 
 
 or deface any fire plugs, every person so ofiending, or aiding, 
 
 Penalty. or assisting in such ofifence, shall forfeit and pay a sum not 
 
 exceeding twenty dollars. 
 
 Ibid, S.9. 58. The Water Board is hereby authorized and empowered 
 
 Water Board to to reccivc all such wclls and pumps within the limits of direct 
 erected by in- taxation, as havc becu erected by individuals who are willing 
 
 divlduals. •' ° 
 
 Proviso. to cede the same to the corporation ; provided, such wells and 
 
 whicli may be incurred in the attempt to sink tlie said well, and not the 
 Mayor and City Council. Ruppert vs. May(yr, &c., 23 Md. 184. 
 
Water. 1149 
 
 Article LIII. — Ordinances. 
 
 pumps be so situate that at the time of receiving them they 
 are of public utility, and in good order. 
 
 ASSESSMENT FOR SINKING WELL OR ERECTING PUMP. 
 
 69. Whenever a new well shall be sunk, or pump erected, ibid.s. lo. 
 which may require an assessment on property, to defray the water Engineer 
 expense thereof, and the Water Engineer shall have made the ment and return 
 
 -ITT -r. • same to Regis- 
 
 assessraent, and returned the same to the Water Registrar, 'rw. &c. 
 and a copy thereof to the Water Board, said Registrar is hereby 
 authorized to pay to the person or persons employed to do the 
 work, or furnish materials for new wells or pumps sunk or 
 erected, the amount of his or their respective bills, in ninety 
 days after he shall have received the certificate of the Water 
 Engineer that the work has been performed in accordance with 
 the contract made, and that the materials furnished were duly 
 delivered and approved ; provided, that nothing herein con- Proriso. 
 tained shall be so constructed as to allow any expense for 
 repairs of wells and pumps to be incurred, which shall cause an 
 excess of expenditure beyond the amount of the annual ap- Appropriation, 
 propriation for the repairs of wells and pumps. 
 
 REMOVAL OP PUMPS. 
 
 60. The Water Engineer is authorized to remove all pumps Re"- ^ V^' 
 which upon examination may be found to be of no practical Removal of 
 
 i- •/ 1 pumps. 
 
 use within the limits of the city ; provided, two-thirds of the 
 owners of property and residents within the distance of one 
 square of the pump proposed to be removed, shall first give 
 their written consent to said removal. 
 
 61. When the Water Engineer shall remove any pumps, he N"- h, Mar. zt, 
 shall have the wells securely covered with stone platforms, not weiistobecov- 
 less than two feet below the kerb, filled with dirt and repaved ; 
 
 the expense thereof to be taken from the appropriation for the 
 repairs of pumps. 
 
1150 Water. 
 
 Article LIU. — Ordinances. 
 
 Na63,8. i,May Q2. The Water Engineer is authorized and directed to have 
 
 Places to be a piece of granite or marble, not less than twelve inches square, 
 
 placed in the pavement near or about the centre of the wells 
 
 where pumps have been, or may hereafter be removed from the 
 
 public streets, lanes or alleys in the city. 
 
 ibid.s. 2. 63. If any person or persons shall remove said stone or mark 
 
 Penalty for re- for the purposo of repairing the pavement, or for any other 
 
 moTing marks. , . . , 
 
 purpose, and refuse or neglect to replace it, said person or per- 
 sons shall be subject to a fine of five dollars for each and every 
 ofience. 
 
 PIPES OR SEWERS NOT TO BE INTRODUCED INTO WELLS. 
 
 Ibid, s. 3. 64. If any person or persons shall introduce a pipe or sewer 
 
 Pipes, Ac, not iuto any of the wells belonging to the city, for the purpose of 
 
 toDeintro- ■, . . , „ > 
 
 ducedinto draining water closets, or for any other purpose whatever, 
 each and every person for each and every such ofi'ence shall 
 
 Penalty. forfeit and pay a sum not exceeding twenty dollars, to 
 
 be paid to the Register for the use of the Water Depart- 
 ment. 
 
 OBSTRUCTION OF PUMPS, HYDRANTS OR FOUNTAINS. 
 
 No. 33, s. 13, R. 65. It shall not be lawful for any person or persons to place 
 Pumps and hy- any hogshcad, barrel or cask, for the purpose of filling the same, 
 
 drants not to be i i. • i. 
 
 obstructed. SO near any public pump or hydrant as to be an obstruction to 
 citizens going to and from the same, or by any other method 
 obstruct the free use of the water in any pump or hydrant; but all 
 hogshead, barrels and casks shall be placed at a distance of at 
 
 Penalty. Icast ten feet from any pump or hydrant, under a penalty of not 
 
 more than five dollars or less than one dollar. 
 
 Ibid, s. 14, 66. If any person shall clean, scale or wash any fish, meat, 
 
 Pumps, foun- clothcs, or any other thing which may be liable to create a 
 
 tains, &c., pro- . , ^^ ^ ^ ^ 
 
 tected fromnui- nuisancc, or render the street, lane or alley loul or unclean, near 
 any of the public pumps, springs or foumtains in the city, every 
 
Water. 1151 
 
 Article LIII. — Ordinances. 
 
 person so offending shall forfeit and pay a sura not exceeding Penalty, 
 five dollars. 
 
 LAKES AND RESERVOIRS IN DRUID HILL PARK. 
 
 67» With a view of increasing the storage of water for No.37,8. 5, 
 the supply of the city by the construction of lakes and re- Lakes, &c.. in 
 servoirs in Druid Hill Park and the land adjoining thereto, Paric. 
 the Park Commission, under the direction of the Water 
 Board, is authorized to lay a pipe from Hampden Reservoir 
 or from the conduit to a reservoir or reservoirs within the 
 park, (to be constructed by the Park Commission,) and to 
 keep the latter supplied with water from the former, under 
 the control of the Water Board, having regard to the exi- 
 gencies of the city, it being understood that the Park Com- 
 mission will appropriate to the use of said Board for a still 
 further storage of water, any land under the control of the storage of wa- 
 Park Commission outside of the limits of the park, not 
 affected by any existing agreements, and the Park Commis- 
 sion is hereby authorized to make such appropriation. 
 
 68. For the purpose of supplying such portions of the iMd, s. e. 
 city as cannot be supplied from the present reservoirs, the Power of water 
 Water Board shall have power, at their discretion, to use 
 any of the reservoirs or lakes in Druid Hill Park, and to 
 open the ground and lay down pipes in the said park, as 
 they are now authorized to do within the limits of the city ; 
 provided, that the Park Commission shall be consulted in the Proviso, 
 location of said pipes, and that the same shall be agreed 
 upon by the two commissions.* 
 
 * The large lake, covering 50 acres, constructed in Druid Hill Park, was 
 called Lake Chapman by Res. No. 87, May 19, '65 ; but the name was changed 
 to Druid Lake by Res. No. Ill, Mar. 30. '68. See p. 683, anU. 
 
1152 Water. 
 
 Article LIII.— Ordinances. 
 
 GUNPOWDER RIVER. 
 No. 115, Oct. 25, 69. The Water Board of the City of Baltimore is hereby 
 
 '72. 
 
 Water Board authorized and directed, for and ia behalf of the Mayor and 
 
 authorized to 
 
 introduce water City Council of Baltimore, to commence and prosecute to 
 
 of Gunpowder •' ' '■ 
 
 '''^^'■•' completion the work of introducing the water of the Gun- 
 
 powder river into the city, upon such plan as may be deter- 
 mined upon by the said Water Board as best and most 
 effectual, and to exercise, in the name of the said Mayor and 
 City Council, all the powers granted by the Legislature for 
 the purpose herein named. 
 
 No. 3, Dec. 2C, 70. The Water Board of the City of Baltimore is hereby 
 Contract for authorized and directed to proceed without delay to enter 
 
 construction of pit 
 
 works. into contract with some one or more of the persons who 
 
 have heretofore submitted proposals to the City Council or 
 to the Water Board, for the construction of works capable 
 of and properly incident to furnishing a supply of water of 
 not less than ten millions of gallons from the Gunpowder 
 river into the city reservoir, known as Lake Roland.* 
 
 Ibid, s. 2. 71. The basis and substance of the said contract so to be 
 
 Basis and s«b- entered into shall be, that the city of Baltimore shall secure 
 
 stance of con- 
 tract, and furnish at its own cost all the water-rights, rights-of- 
 way and the right to use and occupy ground necessary for 
 the purpose ; and the other contracting party or parties 
 
 *By No. 1, Feb. 1, 1866, and No. 38, April 5, 1866, the Water Board was 
 authorized to purchase water rights, lands and other property in the Great 
 Falls of the Gunpowder river from the Pattersons, Georges and from the 
 Gunpowder Copper Works, and by Ordinance No. 5, February 23, 1867, the 
 Water Board' was authorized to purchase lands, water rights and parts of the 
 property known as Glen Ellen, Summerfield and Rockwood. 
 
 By Ordinance No. 40, July 17, 1856 ; No. 3, Jan. 30, 1857 ; No. 53, July 
 11, 1857 ; No. 43, May 7, 1861 ; No. 59, August 27, 1863, and No. 7, Feb. 12, 
 1864, the Water Board was authorized to carry into effect the plan of in- 
 troducing the water from Jones' Falls, &c., into the city and for constructing 
 necessary works, making contracts and selling property, &c. 
 
Water. 1158 
 
 Article LIII. — Ordinances. 
 
 shall, on his or their part, agree and bind and oblige him- 
 self or themselves to supply the city of Baltimore, within 
 seven months from the date of the execution of said contract, 
 with at least ten millions of gallons of water in ea6h twenty- 10,000,000 gai- 
 
 ,. 1 .,,.. . I'ipii ^°^^ P®'' diem. 
 
 tour hours in addition to its present supply, in the lollow- 
 
 ing manner, viz : by the erection of a dam and steam pump- Basis and sub- 
 stance of con- 
 ing machinery at or near Meredith's Ford, on the Gunpowder tract. 
 
 river, and laying thence a line of cast iron pipe of thirty- 
 six inch diameter, connecting with the pumping machinery 
 crossing the ridge at the point of greatest depression, near 
 Lutherville, and extending to the north branch of Roland's 
 run, at a point on said run at or near the Northern Central 
 Railway crossing, which said pipe-line between the points 
 indicated shall be definitely determined and laid down by 
 the said Water Board, undef the advice of their engineer ; 
 and by doing all other matters and things necessary to ac- 
 complish the purpose aforesaid, of pumping not less than 
 ten millions of gallons of water in each twenty-four hours 
 from the Gunpowder river into the north branch of Roland's 
 run, near Lutherville. The pumping engine shall be of the Pumping en- 
 
 gine. 
 
 character known as Duplex, and of the best quality, and so 
 arranged that either pump can be worked independently of 
 the other, and to be operated by condensing steam, machin- 
 ery supplied with ample steam generating capacity to permit 
 the cleaning or repairing of a portion of the boilers without 
 stopping the engine. A stipulation shall be made that all 
 cast iron pipes are to be inspected and laid under the direc- pipes, 
 tion of the engineer appointed by the Water Board, and each 
 section of the pipe shall be tested with three times the pres- 
 sure due to the elevation or head of water which it is required 
 to sustain. Suitable and appropriate buildings shall be 
 erected to enclose the boilers and pumping machinery. All 
 the pipes are to be laid in an excavated trench and covered 
 with not less than eighteen inches of earth, except where 
 
1154 Watbb. 
 
 Article LIII. — Ordinances. 
 
 rock is encountered, when they shall he laid upon the sur- 
 face and covered with not less than three feet of earth. An 
 Estimate of approximate estimate by the engineer appointed by the 
 Water Board of the value' of the work done and materials 
 furnished upon the line of its construction shall be made 
 monthly, and payments pf ninety per cent, thereon shall be 
 made by the city of Baltimore to the contractor or contract- 
 certificates, ors, upon proper certificate of the Water Board ; ten per 
 cent., however, of the entire sum named in the contract shall 
 Ten per cent, re- be retained by the city until the completion and acceptance 
 
 tained by city. J ■ J ir r 
 
 of the work by the Water Board and their certificate of the 
 facts, which they shall immediately file with the Register of 
 the City, when the money shall be paid to the contractor or 
 
 contractors. 
 
 « 
 
 Ibid, s. 8. 72. The sum agreed upon in the aforesaid contract to be 
 
 What amount paid for the work done and materials furnished in and about 
 
 to be paid. 
 
 the premises shall not exceed seven hundred thousand dollars, 
 
 and the said contracting party or parties shall give a good and 
 
 Bond from con- suflBcient boud to the city of Baltimore, to be accepted and 
 
 tracting party. 
 
 approved by the Water Board before the execution of said 
 contract, in the penalty of one-half of the contract price of 
 said entire work and materials to be done and furnished and 
 contracted for, with at least two sureties, residents of the city 
 of Baltimore, conditioned for the faithful performance of the 
 said contract in the manner and within the time therein set 
 forth and specified. 
 
 Ibid, s. 6. 73. The Water Board of the City of Baltimore is hereby 
 
 Rights of way, invcstcd with all the authority of law, for and in the name of 
 the Mayor and City Council of Baltimore, to secure all rights 
 of way and to do all other matters and things necessary to the 
 carrying out of the provisions of this ordinance as fully as the 
 said authority is given to the said Mayor and City Council in 
 
Watee. 1155 
 
 Article LIIL — Ordinances. 
 
 the Code of Public Local Laws of the State relating to the 
 subject matter.* 
 
 WATER STOCK OF 1916. 
 
 74. By Ordinance No. 65, June 30, 1877, the Department No. 65, June ao, 
 of Finance was directed to advertise for the period of thirty Authority to 
 days in four of the daily newspapers of the city of Baltimore, 
 
 (one of them in the German language,) asking proposals to be 
 made for the purchase of the whole or any part of the stock or 
 bonds by this ordinance authorized to be issued ; the proceeds 
 of all sales of said stock or bonds to be applied to the pay- 
 ment or redemption of the various loans of the city, known as 
 the Baltimore Water Stock, redeemable at the pleasure of the 
 city after May, 1875.t 
 
 75. The said ordinance authorized an issue ot stock to an fs.ooo.tou. 
 amount not exceeding $5,000,000, redeemable at the pleasure 
 
 of the Mayor and City Council of Baltimore, on and after 
 July 1, 1916, bearing interest at the rate of five per centum 
 per annum, payable semi-annually, on the first day of May 
 and the first day of November ; and it is made a condition 
 that the city shall pay all taxes which may be imposed 
 upon said stock or bonds by the State of Maryland. By the 
 
 * Note.— As to Ordinance No. 44, April 34, 1873, and Ordinance No. 6, 
 February 12, 1874, [p. 913, &c. ante,] see in Appendix, p. 1171, post, Ordinance 
 No. 91, October 4, 1878. 
 
 t This ordinance is entitled an ordinance authorizing the issue of Stocks 
 or Bonds of the city of Baltimore, to the amount of five million dollars, for 
 the purpose of redeeming the various loans, known as the Water Stock of 
 1875 ; and also providing for the issue of Stocks or Bonds for the redemption 
 or negotiation of other loans already created or authorized. The other ordi- 
 nances on this subject are No. 89, May 33, 1876, repealed by No. 125, June 
 19, 1876. Ordinance No. 136, June 19, 1876, was submitted to the voters 
 and duly approved, in October, 1876. It is, however, superseded by this 
 Ordinance, No. 65, June 20, 1877, which is a re-enactment of Ordinance No. 
 136, June 19, 1876, omitting (and substituting other provisions for) provisions 
 relating to taxes and other matters. 
 
1156 Watee. 
 
 Article LIII. — Ordinances. 
 
 fourth section of this ordinance it is provided that when- 
 ever and as often as any of the existing loans of the city 
 of Baltimore shall mature and become payable, or whenever 
 any loan or loans heretofore authorized by law are to be nego. 
 tiated, the Department of Finance is empowered in its discre- 
 tion, to issue for such loan or loans, certificates of stock or 
 bonds of the city, bearing the same rate of interest, subject to 
 the same conditions and restrictions, and with the same privi- 
 leges to the holders and purchasers thereof as are prescribed 
 and granted in the preceding section ; provided, that the sum 
 thus applied shall not exceed the sum of $5,000,000, as afore- 
 said.* 
 
 *By the Act of 1876, c 237, the Mayor and City Council of Baltimore 
 were authorized to issue stock or bonds of said city to an amount not ex- 
 ceeding five millons of dollars, and to make provision for the redemption of 
 the said stock, and for the payment of the interest thereon, at such time and 
 in such manner as to it shall seem best ; provided, however, that the rate of 
 interest to be paid on the same shall not exceed five per centum per annum; 
 and it further provided, that the proceeds of the sale of said stock or bonds 
 shall be applied to the payment and satisfaction of that portion of the in- 
 debtedness of the city of Baltimore, commonly known as the water stock of 
 1875, which said loan was made payable at the pleasure of the said city, on 
 and after May, 1875, and in consideration of the reduced rate of interest 
 which the said stock is to bear, the said Mayor and City Council were au- 
 thorized to provide for the payment of all taxes. State, Federal or otherwise, 
 which may be imposed upon the said stock, or to which it may be liable at 
 the time of its issue, or upon the interest or income to be derived from the 
 same ; further, that no stock shall be issued under the provision of this Act, 
 until the ordinance of the said Mayor and City Council, authorizing the 
 same, shall have been submitted to and approved by the legal voters of the 
 City of Baltimore, in accordance with the provisions of the seventh section 
 of Article eleven of the Constitution, and that whenever, and as often as it 
 may be necessary hereafter to issue certificates of indebtedness of the said 
 city, either for loans of the city already created and authorized by law, or 
 for the purpose of redeeming loans of the city which shall have matured, 
 provision may be made in the discretion (Jf the said Mayor and City Council 
 for the payment of all taxes, to which the holders of the said certificates 
 shall or may be legally liable, provided, however, that the rate of interest . 
 payable on said loans shall not exceed the rate of five per centum pei' 
 annum. 
 
 Note.— Baltimore Water Stock of '75. — The Acts of Assembly, 
 
Water. 1157 
 
 Article LUI. — Ordinances. 
 
 issue. 
 
 GUNPOWDER RIVER STOCK OF 1894. 
 76. By Ordinance No. 5, Feb. 12, '74, an issue of stock to no. s, Feb. la, 
 
 •^ . >74, 8. 1. 
 
 an amount not exceeding $4,000,000 was authorized, the pro- Authority to 
 ceeds to be applied to the prosecution of the work of intro- 
 ducing the waters of the Gunpowder river into the city of Bal- 
 timore, as provided for by an ordinance approved Oct. 25, '72, 
 No. 115, and any supplement or amendment made thereto.* 
 Said stock, redeemable at the pleasure of the Mayor and City 
 Council, after July 1, 1894, interest at the rate of six per 
 centum per annum, payable semi-annually, on the first day of 
 May and the first day of November, and on condition that the 
 city of Baltimore shall pay all State tax for which the holders 
 of said bonds may thereon be legally liable.f 
 
 authorizing the issue of what was known as Baltimore Water Stock of 1875, 
 paying six per cent, interest, are as follows: 
 
 The Act of 1853, c. 376, s. 3, authorized the issue of $3,000,000 ; Act of 1858, 
 0. 38, authorized the issue of $1,000,000 ; the Act of 1861, c. 20, authorized the 
 issue of $500,000 ; the Act of 1866, c. 38, increased tlie amount of the issue 
 to $4,500,000, and by the Act of 1870, c. 24, the amount of issue was limited 
 to $5,000,000. There were also several issues (before the Constitution of 
 1867,) by virtue of sec. 866, of Art. 4, P. L. L., being sec. 1, p. 903, ante. 
 
 The ordinances under which this stock was issued, (redeemed in 1877 by 
 virtue of the Act of 1876, c. 237, and Ordinance No. 65, June 30, 1877,) are 
 as follows : 
 
 No. 80, July 29, 1854; No. 68, Oct. 19, 1855; No. 20, May 13, 1856; No. 
 32, June 25, 1856; No. 40, July 17, 1856; No. 33, April 27, 1857; No. 52, 
 July 7, 1857 ; No. 53, July 17, 1857 ; No. 65, Oct. 21, 1857; No. 20, April 25, 
 1860; No. 63, July 23, 1860; No. 42, May 7, 1861; No. 63, August 1, 1861; 
 No. 59, August 27, 1863 ; No. 7, Feb. 12, 1864 ; No. 51, June 28, 1865 ; No. 1, 
 Feb. 1, 1866; No. 33, April 19, 1866; No. 83, Oct. 3, 1866; No. 5, Feb. 23, 
 1867 ; No. 31, May 4, 1867 ; No. 37, May 15, 1867, and No. 32, April 15, 1870. 
 
 * See p. 1152, ante. 
 
 fThis ordinance contains the usual clauses for its submission to the ap- 
 proval of the voters and its authorization by Act of Assembly. It was duly 
 submitted and approved November 3, 1874. By the Act of 1874, c. 209, the 
 Mayor and City Council were authorized to issue bonds, in addition to any 
 water stock heretofore authorized, to an amount not exceeding the sum of 
 four millions of dollars, as provided in this ordinance. 
 
1158 Watbb. 
 
 Article LIII. — Ordinances. 
 
 Decisions. — How far city liable in case of inquisition and judgment of con- 
 demnation of Land wJien no payment or tender of the Valuation. — The Act of 
 1853, chapter 376, (see p. 1122, &c. ante,) for supplying the city with pure 
 water, authorized, in order to the condemnation of land for that purpose, a 
 jury to be summoned and sworn " to inquire into, assess and ascertain the 
 sum or sums of money to be paid by " the city authorities, for the property, 
 " which they may deem necessary to purchase and hold or use for the purpose," 
 whose inquisition shall be returned to the clerk of the Circuit Court of the 
 county where the property is situate, and " sTmll be confirmed by said court at 
 its next session, if no suificient cause to the contrary be shown, and such in- 
 quisition shall describe the property taken, or the bounds of the land con- 
 demned, and the quantity or duration of the interest in the same valued to 
 the city" — " and such valuation wJien paid or tendered to the owner or owners of 
 the property " sImU 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 or 
 owners." 
 
 Under this act an inquisition was taken and duly confirmed by the proper 
 court, valuing the damages to George U. Graff, for the taking and use of his 
 property at $30,000, but the city before payment or ten^r of this sum, aban- 
 doned the design to use the property, and refused to pay the amount so 
 awarded, and upon appeal to the Court of Appeals from an order refusing a 
 mandamus to compel such payment, it was held by the Court of Appeals, 
 that: 
 
 1st. The judgment of condemnation decides the valu^ of the land, from 
 which there is no appeal directly to the Court of Appeals ; and consequently 
 its propriety cannot be inquired into in this collateral way. 
 
 2d. The city is not bound by the mere inquisition and judgment of con- 
 demnation thereon, and could rightfully abandon the location in question : 
 •payment or tender of the valuation is necessary to give the city title to the 
 property. 
 
 3d. The city may be made liable, in another form of proceeding, to 
 George U. Graff, for any loss or damage he may have sustained by reason 
 of the conduct of the city authorities in the premises. Oraff v. Mayor, <&e., 
 Balto., 10 Md. 544. 
 
 Condemnation of Waters-Course and Use of Water.— "The Act of 1853, c. 376, 
 (p. 1122, &c. ante,) authorized the city of Baltimore to purchase or acquire 
 title to property by condemnation, not for aU purposes, but " for the purpose 
 of conveying water into said city for the use of said city, and for the health 
 and convenience of the inhabitants thereof." 
 
 Under this law the city may acquire, by condemnation of the bed of a 
 stream or water-course, a right to the use of the water in perpetuity, but the use 
 must be tlie one specified in tlie act. 
 
 Such a condemnation confers on the city the use and occupation of the 
 stream for tlie purposes mentioned in tlie act, but leaves in the owner all such 
 use of it as does not injuriously interfere therewith. 
 
Water. 1159 
 
 Article LIII. — Ordinances. 
 
 The owner has the right to use the water in the manner it has been cus- 
 tomary to use it at his mill, built on the stream so condemned, so far as tliat 
 use may not interfere- with tTieuse of the same by the city autftorities far supplying 
 the city with pure water. Kane v. Mayor, dkc., Baito., 15 Md. 240. 
 
 Condemnation of Lands and Assessment of Damages in case of Tunnel : and 
 Use of Surface of the Land. — In pursuance of the power conferred upon the 
 Corporation by the statutes, the Mayor and City Council of Baltimore in 
 the course of the work for introducing into the city a supply of water from 
 the Gunpowder river, undertook to lay a tunnel through land belonging 
 to Elijah G. Taylor, in Baltimore county, 79 to 120 feet below the surface. 
 
 Upon the return of the inquisition by the jury, Taylor objected to its con- 
 firmation and asked the Circuit Court for Baltimore County to determine, as 
 a matter of law, that the measure of damages could not be less than the 
 market value of the land, estimated according to the vaiue at the turfaae. 
 
 On appeal to the Court of Appeals it was held by that Court : that power 
 is conferred by the law, to subject such land as it may be necessary to take 
 to precisely the use and occupation that may be necessary to acwm^ish the 
 purpose and end designed ; that is, to introduce water into the city limits. 
 
 The construction of the tunnel at the depth of seventy feet does not pre- 
 vent the occupants of the land on the surface from using and cultivating 
 the land, and as the city does not need and cannot use the surface, it should not 
 be required to pay for it. 
 
 The Act of 1876, chapter 19, (see p. 1124, ante,) gives the right of appeal in 
 these cases, but it limits it expressly to " matters of law." Taylor et. aZ. v. 
 Mayor, &c., Baito., 45 Md. 576. 
 
 Rights of Riparian Proprietors — Case of the Introduction of Water from 
 Chinpowder River into Roland's Run. — The city had nearly completed the 
 works necessary for the introduction of an additional supply of water into 
 its corporate limits to be used as the exigencies of the season might require, 
 when an injunction was granted against the city, prohibiting it from bring- 
 ing the water from the Gunpowder River through the pipes laid by it, into 
 the stream called Roland's Run, which flowed through the land of the ap- 
 plicant for the injunction. 
 
 The plan of the city was to bring the water from the Gunpowder River 
 through pipes to a point on Roland's Run above the land of the complain- 
 ant, at which point it was to empty into the stream, and thence flow with the 
 stream to Lake Roland, the main water reservoir of the city. 
 
 The water was to be forced into the pipes by engines capable of furnish- 
 ing a supply of ten millions of gallons in every twenty -four hours. (See Ordi- 
 nance No. 3, Dec. 3, 1872, p. 1153, ante.) 
 
 The Mayor and City Council, of Baltimore appealed from the order of the 
 Circuit Court for Baltimore County granting the injunction, and the Court 
 of Appeals, in afltaning the order of the court below, held that : 
 
1160 Water. 
 
 Article LIII. — Ordinances. 
 
 The right of every riparian owner to the enjoyment of a stream of run- 
 ning water in its natural state, in flow, quantity and quality, is incident and 
 appurtenant to the ownership of the land itself, and being a common right, 
 it follows that every proprietor is bound so to use the common right as not 
 to interfere with an equally beneficial enjoyment of it by others. 
 
 As such owner, he has a right to insist that the stream shall continue to 
 run as it was accustomed to run ; that it shall continue to flow through his 
 land in its usual quantity, at its natural plape, and at its usual height. 
 
 But there must be allowed to all a reasonable use of that which is com- 
 mon ; and such a use, although it may to some extent diminish the quantity, 
 or effect in a measure the flow of the stream, is consistent with the common 
 right. 
 
 It is impossible to lay down a precise rule, defining the limits which 
 separate the lawful from the unlawful use of a stream, to cover all cases ; 
 and the question must be determined in each case by taking into considera- 
 tion the size of the stream, the velocity of the current, the nature of the 
 banks, the character of the soil, and a variety of other facts : the true test 
 being whether the use is of such a character as to effect materially the 
 equally beneficial use of the stream by others. 
 
 An attempt to carry into a stream an artificial supply of water to the ex- 
 tent of ten millions of gallons in every twenty-four hours, is a user incon- 
 sistent with the common enjoyment of the stream by all other riparian 
 owners. 
 
 And being an unreasonable and unauthorized use of the stream, an action 
 will lie by the party whose rights are so invaded, even though he may not 
 have suffered any actual damage. 
 
 The jurisdiction of courts of equity, in cases affecting the rights of ripar- 
 ian proprietors, is well established, and rests on the necessity of granting 
 relief to prevent permanent and lasting injury; or where full and adequate 
 relief cannot be had at law ; or where it is necessary to prevent a multi- 
 plicity of suits and vexatious litigation. 
 
 Appold's bill for an injunction to prevent the introduction of an artificial 
 supply of water into Roland's Run, flowing through his land, as before 
 stated, alleged that he was credibly informed and verily believed, that the 
 introduction of the proposed additional quantity of water would cause the 
 stream to overflow its banks, render valueless his land, and cause great, 
 continual and irreparable damages, &c. Held by the Court of Appeals, 
 that: 
 
 1st. The averment that he was " credibly informed and verily believed," 
 together with the statement of facts on which his belief was founded, was 
 sufficient. 
 
 2d. He was not obliged to wait till actual damage was sustained, nor was 
 he bound to obtain the opinion of scientific persons as to the probable con- 
 sequence resulting from this artificial addition of water. 
 
Water. 1161 
 
 Article LIII. — Ordinances. 
 
 3d. It would not be enough that the injunction should merely enjoin the 
 introduction of the proposed additional supply in such a way, or to such an 
 extent, as would cause the stream to overflow its banks, or would interfere 
 with the ordinary use of the stream by Appold. Mayor, &e., Balto. v. Ap- 
 pold, 42 Md. 442. 
 
 Negligence in Laying Mains and tlvareby Obstructing the Street. — In July, 
 1872, the city of Baltimore, through its Water Department, was engaged in 
 laying water mains along a portion of the west side of Charles street, the 
 whole work, including excavating and re-paving, being done in five days. 
 
 The plaintiff (Holmes) was employed to haul material from a house 
 on the west side of Charles street, above Saratoga street, and coming to 
 the house on July 4th, for a load, found a ridge of stones, occasioned by 
 the work referred to, along the west side of the street in front of and be- 
 yond the house. At this time he made no attempt to cross over the stones, 
 but stopping his horse on the east side of the street, carried the materials 
 with the assistance of persons working in the house to the cart. 
 
 On 8th July, the street being obstructed as before, he made his first load in 
 the same manner, but on his return for a second load, not finding any one 
 to help him and the materials being heavy, he attempted to lead his horse 
 over the stones : while so doing the horse stumbled and in falling struck the 
 plaintiff (Holmes) on the leg and broke it. The horse was sound and steady, 
 and Holmes was leading him carefully. 
 
 The plaintiff having brought suit against the city for damages, the de- 
 fendant offered evidence that Holmes had been cautioned by the owner of 
 the materials to be careful in crossing the ridge, because he thought it was 
 dangerous ; and that the work which caused the obstruction had been care- 
 fully and promptly done by experienced and competent workmen. 
 
 At the trial, the court submitted the question of negligence, both on the 
 part of the plaintiff, (Holmes,) and of the defendant, (the Mayor and City 
 Council of Baltimore,) to the jury. 
 
 Verdict and judgment being for Holmes, on appeal by the city to the 
 Court of Appeals, it was held by that court: That this instruction of the 
 court below was proper; the act of Holmes not bdn^ contributory negligence 
 in law. 
 
 Negligence is the want of such care as men of ordinary prudence would 
 use under similar circumstances ; and the question as to whether the act of 
 a party amounts in law to negligence, depends upon the danger which might 
 reasonably be expected to result therefrom. Mayor, &c., Balto. v. Holmes, 
 39 Md. 243. 
 
 As to obligation on city to keep the streets free from obstructions, see notes 
 of cases on pp. 711, 1037, ante. 
 
APPENDIX 
 
 OF ORDINANCES OP THE SESSION I8//-78, 
 
 APPROVED 8IN0E THE AETI0LE8 OF THIS CODE TO WHICH 
 THEY RELATE WERE PRINTED. 
 
 ARTICLE I. 
 
 MAYOR AND CITY COUNCIL. 
 
 MAYOR'S DETECTIVE. 
 
 The Mayor of the City is hereby authorized and empower- No. 85,0ct. i, 
 ed to appoint annually, as other city officers are appointed, Appointment, 
 one efficient and discreet person, to be known as and called 
 the Mayor's Detective, who shall have all the power and au- Powers, 
 thority exercised by the detective police force in relation to 
 the observance of the city ordinances, and for that purpose to 
 arrest offenders, and whose duty it shall be to lodge informa- 
 tion from time to time as to the observance of the city ordi- 
 nances. Before entering upon the discharge of his duties the 
 aforesaid detective shall give good and satisfactory security to Bond, 
 the Mayor in the sum of twenty-five hundred dollars, and he 
 shall be paid a salary of one thousand dollars per annum, salary. 
 payable monthly. 
 
1164 
 
 Appendix. 
 
 Articles VIII and XXVIII. 
 
 ARTICLE VIII. 
 
 CAERIAGES. 
 
 No. 94, Oct. 8, It shall not be lawful for any unauthorized person or per- 
 unauthorized sons to ride On Street cars, stages, omnibuses, hacks, or any 
 
 persons not '<> , . , „ 
 
 ride on vehicles hcenscd Conveyance for passengers or merchandise, on any 
 
 Penalty. 
 
 NeTfsboys ex- 
 cepted. 
 
 street, lane or alley opened for public use within the limits of 
 the city of Baltimore, under a penalty of one dollar for each 
 offence, to be enforced under the ordinances and regulations of 
 the Mayor and City Council of Baltimore, and to be recovered 
 as other fines and penalties are recoverable ; provided, however, 
 that the provisons of this section shall not apply to newsboys 
 pursuing their avocation. 
 
 ARTICLE XXVIII. 
 
 INSPECTIONS. 
 
 GAS METERS. 
 
 See p. 517, ante. 
 
 No. 100, Oct. 23, The title of the Inspector and Sealer of Gas Meters is 
 General Super- hereby changed, and the official title of the person who per- 
 
 intendent of „ , , . . /-i -nr 
 
 Lamps and In- forms tlic dutics of luspector and Sealer of Gas Meters, with 
 
 spector and -^ ' 
 
 Meters?^ ^*^ the additional duties herein prescribed, shall be General 
 Superintendent of Lamps and Inspector and Sealer of Gas 
 Meters. 
 
 Ibid, s. 2. There shall be appointed in the month of February, and 
 
 Appointment, annually thereafter, as other city officers are appointed, a Gen- 
 eral Superintendent of Lamps and Inspector and Sealer of 
 
Appendix. 1165 
 
 Article XXVIII. 
 
 Ga8 Meters ; he shall execute a bond to the Mayor and City Bond. 
 Council of Baltimore in the penal sum of five thousand dol- 
 lars for the faithful discharge of the duties of his office ; he 
 shall perform all such duties as are defined by Article XXVIII, Duties, 
 of the Baltimore City Code, sub-title Ordinances, sections 2 to 
 11 inclusive, and in addition thereto, shall also discharge such 
 duties as are devolved upon him by this ordinance. 
 
 The said General Superintendent of Lamps and Inspect- ibia, s. a. 
 or and Sealer of Gas Meters shall, with the approbation of the Powers and 
 
 . duties. 
 
 Mayor of the City, make all contracts for furnishing lamps and 
 lamp pillars, and for erecting and repairing the same ; he 
 shall regulate the lighting and cleaning of the city lamps, and 
 see that they are kept in proper repair ; he shall have super- 
 vision of the Superintendents of Lamps, and shall require 
 them to report to him at such times as he may designate, the 
 condition of the lamps and the transactions of the lamplight- 
 ers ; he shall erect new lamp pillars and lamps for lighting the 
 streets, lanes and alleys of the city, and remove any lamp pil- 
 lar and lamp as may from time to time be ordered by the 
 Mayor and City Council of Baltimore. 
 
 The said General Superintendent of Lamps and Inspect- ibid.s. 4. 
 or and Sealer of Gas Meters shall order the gaslight company Additional 
 
 powers and 
 
 or companies to lay mains as directed by the Mayor and City du^es. 
 Council of Baltimore, and keep a correct account of the 
 length and size of the same ; he shall require, and it shall be 
 the duty of the said gaslight company or companies, to fur- 
 nish him monthly a correct account of the number of feet of 
 gas mains laid by order of the Mayor and City Council, with 
 the cost price of the same ; and said General Superintendent 
 of Lamps and Inspector and Sealer of Gas Meters shall re- 
 port annually to the City Council the number of feet of gas 
 mains laid by said company or companies, by order of the 
 Mayor and City Council ; or if said company or companies 
 shall have neglected or refused to lay the gas mains ordered by 
 
1166 Appendix. 
 
 Article XX. 
 
 the Mayor and City Council, the said General Superintendent 
 of Lamps and Inspector and Sealer of Gas Meters shall report 
 such neglect or omission to the City Council ; he shall take 
 monthly statements of the meters in all public buildings oc- 
 cupied by the city, and of the market-house meters, and shall 
 also take monthly statements of the street lamps, and ascer- 
 tain the correct average, and no bill for g&s furnished to the 
 city shall be paid by any department of the city unless the 
 same shall have been certified to as correct by said General 
 Superintendent of Lamps and Inspector and Sealer of Gas 
 Meters; and he shall have general supervision of the meters 
 and gas apparatus in the different departments of the city. 
 
 iMd, 8. 6. The said General Superintendent of Lamps and Inspect 
 
 Gasoline lamps. Or and Sealer of Gas Meters shall have power to change gaso- 
 line lamps to gas lamps when in his judgment the same may 
 be deemed necessary.. 
 
 Ibid, s. 6. The General Superintendent of Lamps and Inspector 
 
 Salary. and Sealer of Gas Meters shall receive an annual salary of 
 
 two thousand dollars, which shall be in full of all compensa- 
 tion paid him for services rendered the Mayor and City Coun- 
 Fees. cil of Baltimore, and all fees collected by the General Super- 
 
 intendent of Lamps and Inspector and Sealer of Gas Meters 
 shall be paid into the city treasury. 
 
 ABIICLE XX. 
 
 FIRE. 
 
 FIRE DEPARTMENT. 
 See p. 285, ante. 
 
 No. 87, Oct. 4, There shall be appointed by the Mayor, subject to the 
 
 Additional approval of the City Council, in convention assembled, in the 
 
 ' month of October, 1878, one discreet person, who shall be a 
 
Appendix. . 1167 
 
 Articles XXIII and XXX. 
 
 citizen of Baltimore, to serve as an additional member of the 
 Board of Fire Commissioners of Baltimore until the month of 
 March, 1880, and in the month of February, 1880, and every 
 second year thereafter in the month of February, there shall Three members, 
 
 lerm. 
 
 be appointed in the same manner three persons, who shall 
 serve for the term of four years. 
 
 ARTICLE XXIII. 
 
 HEALTH. 
 
 MARINE HOSPITAL. 
 This ordinance repeals and re-enacts sec. 113, p. 435, ante, as follows: 
 
 113. Said Marine Hospital Physician, through the Board of no. loi.oct.aa, 
 Health, and with the approbation of the Mayor, may obtain supplies for 
 
 1.., /.iTT'iji' support of Hos- 
 
 the necessary supplies tor the support of the Hospital, and for pitai, how fur- 
 
 carrying out the provisions of this ordinance, and all bills for 
 
 these purposes must be contracted by the Board of Health . 
 
 and said physician may, with the approbation of the Mayor, 
 
 draw on the Comptroller for such sums as may be required for 
 
 the purposes aforesaid ; provided the same shall not exceed the 
 
 sum appropriated for the current year by the Mayor and City Appropriation. 
 
 Council for the support of the Marine Hospital Department. 
 
 ARTICLE XXX. 
 
 JONES' FALLS. 
 
 IMPROVEMENT. 
 
 Ordinance No. 86, October 4, 1878, repeals sec. 8, of ordinance No. 131, 
 November 9, 1874, being sec. 8 on page 553, ante. 
 
1168 . Appendix. 
 
 Article XL. 
 
 Ordinance No. 99, October 11, 1878, repeals sec. 2, of ordinance No. 131, 
 November 9, 1874, and also ordinance No. 4, November 21, 1874, being sec. 
 2, on page 549, ante, and all ordinances inconsistent herewith, and re-enacts 
 the same as follows : 
 
 No, 89, Oct. 11, 2. The Mayor and City Commissioner are authorized to 
 Exc»Tation, take charge of the improvement of Jones' Falls, and to have 
 
 Ac, of Jones' i -i j • 
 
 FaUa. the same excavated to its normal depth or original bed ; to di- 
 
 vest the stream of its abrupt curvatures near Centre street 
 bridge, and between Hillen street and Low street, and near 
 and above the outlet of the Falls into the basin, at their dis- 
 cretion ; to raise the walls of the stream to such a height as 
 they in their judgment may deem essential, to construct the 
 bridges that span the stream from Charles street to the basin, 
 all in such a manner as to offer no impediment to the passage 
 of the entire body of water that may be contained within the 
 walls of the stream ; the said improvement to be commenced 
 prior to the re-grading and re-paving of the streets, &c.; and 
 Authority of the Mayor and City Commissioner are authorized and directed 
 Commissioner, to cmploy a Sufficient force by the day to complete the work, 
 and no work shall be given out by contract except the con- 
 struction of the bridges, which shall be done in such a manner 
 as the Mayor and City Commissioner shall deem best for the 
 interest of the city. 
 
 ARTICLE XL. 
 
 KAILROADS. 
 CITIZENS' RAILWAY. 
 
 See p. 143, ante. 
 
 No. 88, Oct. 4- The Citizens' Railway Company, in order to enable it to run 
 Tracks. a line of cars giving a direct communication between the north- 
 
 west and eastern sections of the city, is hereby authorized and 
 empowered to construct a double or single track of their rail- 
 
Appendix. 1169 
 
 Article XL. 
 
 way, commencing at and connecting with their track at Gil- 
 mor street with the corner of Mosher street, and to run along 
 Gilmor street to Fayette street, thence along Fayette street, 
 connecting with their track at that point with Carrollton av- 
 enue, connecting again with their track at the corner of Frank- 
 lin and Carey streets, and thence along Franklin street to Cal- 
 houn street, thence along Calhoun street to Harlem avenue, 
 and thence along Harlem avenue to Strieker street, thence 
 along Strieker street, and connecting again with their track 
 at the corner of Strieker and Townsend streets. 
 
 The said company shall have the right to run over their iwd, s. 2. 
 line cars carrying either sixteen or twenty-two passengers, as cars, 
 the exigencies of their business may require ; provided, how- 
 ever, that if said company shall elect to run their smaller class of 
 cars, they shall be run subject to the same restrictions, exemp- 
 tions, privileges and liabilities as the cars of the Baltimore, 
 Peabody Heights and Waverly qars are now run. 
 
 The tracks authorized to be laid by this ordinance shall be iwd, s. 3. 
 commenced within thirty days from the date of its passage, and Time limited, 
 shall be finished and completed within four months from the com- 
 mencement thereof, otherwise the privileges hereby granted 
 shall be revoked and cease. 
 
 PEOPLE'S PASSENGER RAILWAY. 
 
 This ordinance repeals and re-enacts sec. 108, p. 765, ante, as follows : 
 
 108. Wm. Frederick, Jacob Tome, Michael P. O Hern and nj- 'os, oct. 23, 
 George W. *P. Coates, of the city of Baltimore, in the state of Tracks. 
 Maryland, or a majority of them, and those who now or may 
 hereafter become associated with them, and their successors 
 and assigns, are hereby authorized and empowered to lay down 
 and construct iron railway tracks, as hereinafter specified, and 
 of the gauge of other passenger railways now in use in the city 
 of Baltimore, and to run thereon passenger cars, to be drawn 
 
1170 Appendix. 
 
 Article XL, 
 
 by horses, through, along, and on the following named avenues 
 and streets, that is to say : commencing on Druid Hill avenue 
 at the southeasternmost line of North avenue, and with a 
 double track on Druid Hill avenue to Paca street ; thence by 
 a double track on Paca street to a point sixty feet south of the 
 south side of Saratoga street ; thence by a single track to a 
 point sixty feet south of the south side of Fayette street; 
 thence with a double track on Paca street to south Paca street, 
 on south Paca street to Warner street, on Warner street to 
 Henrietta street, on Henrietta street to Charles street, on 
 Charles street to Randall street, on Randall street to Johnson 
 street, on Johnson street to Fort street, on Fort street to Fort 
 avenue, oa Fort avenue across Webster street, connecting with 
 the tracks on Fort avenue ; thence on Fort avenue to Benja- 
 min street ; also on Hull street to Nicholson street ; thence to 
 the southwest branch of the Patapsco river, with a lateral 
 branch beginning at the intersection of Randall and Charles 
 streets, on Charles street to the water's edge. 
 
 Not to release Provided that this ordinance shall not operate to release 
 said People's Passenger Railway Company from any of the 
 obligations or requirements of ordinance No. 74, approved 
 June 28th, 1878, entitled An ordinance to authorize the con- 
 struction of city passenger railway tracks on Druid Hill av- 
 enue, Paca, South Paca, Warner, Henrietta, Charles, and 
 other streets in the city of Baltimore, known as the People's 
 Passenger Railway Company, [see p. 765, &c., ante,'} to which 
 this ordinance is a suppplement, from any contract heretofore 
 entered into with the Mayor and City Council of Baltimore 
 by said People's Passenger Railway Company, further than is 
 herein provided; and provided further, that before availing 
 themselves of any of the privileges given by this ordinance, or 
 commencing any of the work by this ordinance authorized to 
 be done, said People's Passenger Railway Company shall 
 either execute a new bond to the Mayor and City Council of 
 
Appendix. 1171 
 
 Article XL VI. 
 
 Baltimore, for the like sum and similar conditions, as required Bond, 
 by said original ordinance, and with sureties, to be approved 
 by the Mayor, or shall furnish to the Mayor the written evi- 
 dence of assent of the sureties in their former bond to the 
 change of route authorized by this ordinance. 
 
 ARTICLE XL VI. 
 
 STOCKS. 
 
 PATTERSON PARK EXTENSION STOCK. 
 
 The following ordinance cancels the stock authorized by ordinance on p. 
 684, &c., ante, and also the stock authorized by ordinance on p. 912, &c., ante : 
 
 The Commissioners of Finance are hereby authorized no. 9 1, oct. 4, 
 and directed, in the presence of the Mayor and of the Joint what bonds, 
 Standing Committee on Ways and Means of the City Council, ceVied. 
 to cancel and destroy all the bonds or certificates of the loan 
 of the city of Baltimore, known as the Patterson Park exten- 
 sion loan, issued under and by virtue of the ordinance No. 
 116, of 1871, approved June 23d, 1871, entitled An ordinance 
 for the extension of Patterson Park, and which said bonds or 
 certificates are held by said Commissioners of Finance as part 
 of the general sinking fund in their hands, said Patterson 
 Park extension loan being part of the public debt of said city, 
 for the redemption and extinction of which said general sink- 
 ing fund is provided ; and also in like manner to cancel and 
 destroy all bonds or certificates of the loan of the city of Bal- 
 timore, known as the Funding Loan, 1894, and which said 
 bonds or certificates were issued under and by virtue of the 
 ordinance of the -Mayor and City Council of Baltimore, No. 
 6, of 1874, approved February 12, 1874, entitled "An ordi- 
 nance to provide for funding the floating debt of the city, as 
 authorized or existing on the Slst day of October, 1873," and 
 
1172 
 
 Appendix. 
 
 Article XL VI. 
 
 which bonds or certificates may be held by said Commissioners 
 of Finance, as part of any sinking fund held by them for the 
 redemption of the public debt of the city ; and said Commis- 
 sioners of Finance are hereby further authorized and directed, 
 in^case any of said bonds or certificates of said Funding 
 Loan, 1894, are held by them as part of any sinking fund 
 other than the general sinking fund, to exchange and substi- 
 tute for said bonds or certificates so held by them as part 
 of any sinking fund other than the general sinking fund 
 aforesaid, any other of the securities of the city of Baltimore, 
 now held by them as part of the general sinking fund, so that 
 no sinking fund other than the general sinking fund or funds 
 specially provided for the redemption of said Patterson Park 
 extension loan, and said funding loan, redeemable after 1894, 
 shall be diminished by the operation of this ordinance, and by the 
 cancellation of said certificates and the extinguishment of said 
 loans as are herein direeted. 
 
 Ibid, 8,2. The Commissioners of Finance shall, as soon as conve- 
 
 Report. nient after complying with the requirements of this ordinance, 
 
 make a written report of their proceedings thereunder to the 
 
 Mayor and City Council. 
 
 No. 93, Oct. 1 
 '78. 
 
 Issue of 
 $1,000,000. 
 
 Proceeds of 
 sale. 
 
 FUNDING FLOATING DEBT. 
 This ordinance is authorized by the Act of 1878, c. 328 on p. 914, ante : 
 
 The Commissioners of Finance are authorized and di- 
 rected, from time to time, to issue the bonds of the city to an 
 amount not exceeding one million of dollars, and the said 
 bonds shall be sold or disposed of by the Commissioners of 
 Finance, with the approbation of the Mayor, provided that 
 said bonds shall not be sold or disposed of at less than par, 
 and the proceeds therefrom applied to the payment of the 
 floating debt of the city, as authorized or existing on tae 31st 
 day of December, 1877, and remaining unpaid. 
 
Appendix. 1173 
 
 Article XLVH. 
 
 The said bonds shall be issned in sums of not lees than ibia, s. 2. 
 one hundred dollars each, redeemable at the pleasure of the How issued. 
 Mayor and City Council of Baltimore, after the 1st day of when redeem- 
 July, A. D. 1916, bearing interest at the rate of five per cen- interest, 
 turn per annum, payable semi-annually on the first day of 
 May and the first day of November in each and every year, 
 and on condition that the city of Baltimore shall pay all taxes Taxes, 
 imposed by the State of Maryland for which the holders of 
 said bonds may thereon be legally liable. 
 
 ARTICLE XL VII. 
 
 STREETS. 
 
 REGULATIONS. 
 
 The several gas companies, railroad companies, as well no. loe, Nov. 
 as other corporations and individuals, (including all ofiicers Digging up, 
 and employees of the city,) who may now have, or who may *=•'*' ^ • 
 hereafter receive permission to dig up or disturb any of the 
 streets, lanes or alleys of the city, for the purpose of laying or 
 re-laying railroad tracks, or repairing the same, or constructing 
 wells, ditches, drains, sewers, tunnels, laying pipes of any kind, 
 or repairing the same, shall be, and they are hereby, required 
 to take the proper measures to insure the safety of passing how safety of 
 vehicles and pedestrians from loss of life or injury to person or hides and pe- 
 
 , , ■, . destrlans In- 
 
 property, by the erection of a fence or barrier by day, and in sured. 
 addition thereto, by displaying one or more lanterns at night, 
 at the portion or portions left open, and also at every street 
 crossing on the line of the work where the same may be left 
 open, and upon a failure so to do, such corporations, compa- 
 nies or individuals, (including all oflicers and employees of the 
 city,) shall sufl'er a fine or penalty of not less than twenty 
 
1174 Appendix. 
 
 Article XL VII. 
 
 Penalty. dollars, nor more than fifty dollars for each and every ofience, 
 
 to be collected as other fines and penalties are now collected 
 in the city of Baltimore. 
 
 Ibid, s. 2. Whenever any piles of bricks, stones, lumber or other 
 
 Lamps to be building material shall be left in any of the streets, lanes or 
 
 of bricks, lum- alleys of the city, they shall during the night be designated by 
 
 displaying a lighted lamp or lantern at such part of the same 
 
 as to be easily observed by persons passing along the street ; 
 
 and any person or persons, or body corporate, who may violate 
 
 the provisions of this section, shall forfeit and pay a fine of 
 
 Penalty. not Icss than five nor more than ten dollars for each and every 
 
 offence, to be recovered as other fines and penalties are 
 
 recoverable. 
 
o o 
 
IISTD EX. 
 
 ACCOUNTS— 8EC. AET. 
 
 of departments. 84-87 1 
 
 of comptroller 2, 4 11 
 
 of register 22 11 
 
 system of keeping, in departments 80-81 11 
 
 ACROBATS— 
 
 safety of. 3 61 
 
 ACTIONS IN LAW COURTS— 
 
 act of '64, c. 6 : decisions, 7to^e» 1-13 14 
 
 jurisdiction 1 14 
 
 motions for new trial 1 14 
 
 paper books and briefs 2 14 
 
 terms 3 14 
 
 return days 4 14 
 
 writ may be made returnable to next return 
 
 day 6 14 
 
 writ may be renewed 6 14 
 
 same proceedings when returned at return 
 
 day as at term 7 14 
 
 judgment by default, when to be given : when 
 
 to be struck out : writ of inquiry 8 14 
 
 trial term, when 9 14 
 
 plaintiff, how and when entitled to judgment. 10 14 
 
 piaintifiTs affidavit, &c 11 14 
 
 assessment of damages by court 12 14 
 
 writs returnable at election of plaintiff. 18 14 
 
 when execution may issue on judgments 14 14 
 
 ACTIONS— 
 
 for fines and penalties 1 19 
 
 against city in cases of paving to remove nuis- 
 ances ; 6 23 
 
 PAGE 
 
 24 
 158, 169 
 165-166 
 168-169 
 
 1106 
 
 198-200 
 198 
 198 
 198 
 198 
 198 
 
 194 
 196 
 
 196 
 
 197 
 198 
 199 
 200 
 200 
 200 
 201 
 
 270 
 377 
 
ART. 
 
 PAGE 
 
 1 
 
 20,62 
 
 1 
 
 62 
 
 1 
 
 62 
 
 32 
 
 572 
 
 23 
 
 398 
 
 23 
 
 381 
 
 11 
 
 160 
 
 19 
 
 199, 200 
 
 14 
 
 196-200 
 
 1180 Index. 
 
 ADVERTISEMENTS— sec. 
 
 publications, &c., newspapers , 22, 51 
 
 in Gernoan newspaper 50 
 
 for proposals for public work or contract 51 
 
 for proposals for stationery, &c 5 
 
 ADULTERATION— 
 
 ofmilk 48 
 
 of officinal medicioes 19 
 
 AFFIDAVIT— 
 
 to pay-rolls 4 
 
 inactions 10, 11 
 
 under act of 1864, c. 6, decisions, note 
 
 ALIEN PASSENGERS— 
 
 see Immigrants 27 
 
 ALMS-HOUSE— 
 
 see Bayview Asylum 2 
 
 ALUM— 
 
 manufacture of 63 23 403 
 
 AMMONIA— 
 crude, manufacture of. 63 23 403 
 
 AMUSEMENTS— 
 
 licensing, regulating, &c., theatrical, &c 10 
 
 penalty for keeping unlicensed billiard, bag- 
 atelle or rondo tables: terms of license: tax. 1 
 
 persons applying for license to give bond : 
 
 mayor may transfer license 2 
 
 what games at billiards lawful 3 
 
 minors not permitted to play at billiards, &c. 4 
 
 nine and ten-pin alleys licensed : cost of li- 
 cense 5 
 
 assent for same from property holders 6 
 
 not to be used after 11 J o'clock at night, &c.., 7 
 
 minors not permitted to play 8 
 
 shuffle boardb to be licensed : tax 9 
 
 theatrical performances to be licensed : tax 
 for theatrical exhibitions : for circus : for 
 rope dancing, &c.: for live animals: for 
 
 other exhibitions 10 
 
 penalty for performing without license 11 
 
 payment in lieu of licentie 12 
 
 balls 13 
 
 33 
 
 577 
 
 33 
 
 579 
 
 33 
 
 579 
 
 33 
 
 680 
 
 33 
 
 680 
 
 33 
 
 880 
 
 33 
 
 681 
 
 33 
 
 681 
 
 83 
 
 681 
 
 38 
 
 681 
 
 33 
 
 682 
 
 33 
 
 582 
 
 83 
 
 683 
 
 33 
 
 583 
 
Index. 
 
 1181 
 
 AMUSEMENTS— Cbnfinuerf. bec. art. faob 
 
 licenses for balls 14 33 gg3 
 
 musical parties regulated: concerts' for char- 
 itable purposes I5 33 533 
 
 penalty for defacing bills descriptive of per- 
 formance 16 33 588 
 
 destroying bills posted for advertisement 18-19 7 116 
 
 mayor authorized to refuse or revoke license. 17 33 534 
 
 city solicitor to in titute proceedings 18 88 684 
 
 prohibited i_4 51 1104-1105 
 
 ANIMALS— 
 
 cruelty to 1-5,1-4 15 240-242 
 
 removal of IO3 23 416 
 
 carts for removal of 96 23 414 
 
 APPEALS— 
 
 bonds, executed by mayor 3 1 16 
 
 under law regulating hackney coaches 11-12 8 181 
 
 approbation of mayor aud law officers of... . 8 13 176 
 from justices of the peace, under ordinances, 
 
 &c 2, 10. 16 14 185, 18G, 189 
 
 costs in, from justices , 103 14 281 
 
 from circuit court: decision, no^e 14 201 
 
 inaction under act of '64, c. 6: decision, notes. 14 199 
 
 in actions for fines and penalties 2,3,2 19 271,272,274 
 
 to health commissioner 4 23 886 
 
 frem inspector, &c., of gas meters 6 28 618 
 
 in case of sewers 3,9 44 863,870 
 
 from street commissioners to city court 1, 8, 10 47 984, 1000 
 
 decisions as to, in matters of streets, note 47 984. 1008, 1043 
 
 to mayor from city commissioner 76 47 1022 
 
 in proceedings to dispossess tenants 19-22 50 1098,1099 
 
 to water board 53 52 1147 
 
 APPEAL TAX COURT— 
 
 appointment, &e., of 15-22 1,49 1065,1067,1070 
 
 powers and duties of 1-21 49 1070,1077 
 
 permits from, to erect building 22-27 49 1077-1078 
 
 APPROPRIATIONS— 
 
 not to be exceeded 36 1 24 
 
 duty as to, of comptroller and register 35,37 1 24 
 
 deepening and improving channel and harbor. 43, 1, 2 6, 22 105, 106, 333 
 
 harbor and river relief board, note 22 329 
 
 for court house and record office 3,7 14 237,238 
 
 for benefit of deaf, dumb and blind 2,5,1-4 16 244,245,246 
 
1182 
 
 Index. 
 
 APPROPRIATIONS— Cbn/inMcd. sec. abt. page 
 
 annual, for old defenders , 2 24 442 
 
 hospitals 10 26 449 
 
 hospitals of Washington University and Uni- 
 versity of Maryland 14 25 451 
 
 dispensaries 17 25 452 
 
 House of Refuge, House of Reformation, St, 
 
 Mary's Industrial School, Boys' Home, &c. 12, 2 26 459, 469 
 
 decision, note 26 469 
 
 dogs 28 33 687 
 
 for schools not to be exceeded 27 43 855 
 
 for cattle, swine and goats 139,140 47 1041 
 
 forfire plugs 41 53 1148 
 
 AQUA FORTIS— 
 
 manufacture of 63 23 408 
 
 ARBITRATION— 
 
 court of 1-3 3 75-80 
 
 ARBITRATION COMMITTEE— 
 
 of corn and flour exchange 4-6 8 80-82 
 
 AREAS— 
 
 vaults, cellars and 96, 111 47 1028-1032 
 
 ARKS AND LUMBER— 
 
 arks, lumber, &c., not to drift in harbor 87 22 861 
 
 duty of harbor masters 88 22 .862 
 
 penalty, &c., how recovered 89 22 862 
 
 setting arks, &c., adrift 90 22 863 
 
 spars, lumber, &c., afloat, regulated 46 23 898 
 
 ARTESIAN WELLS— 
 
 construction of, decision, note 54 53 1147 
 
 ASHES— 
 
 where not to be kept : notice 48, 59 20 299 
 
 garbage, &c., not to be thrown in harbor 50 23 848 
 
 removal of 91 23 418 
 
 coal and offal 92 23 418 
 
 in streets prohibited 101 23 415 
 
 ASHLAND SQUARE— 
 
 keeper of 8 45 882 
 
 monument in, note 46 880 
 
 ASSAYER— 
 
 of silver ware 1-14 5 86-89 
 
Index. 1183 
 
 ASSESSMENl'S— sec. art. page 
 
 for paving in front of schools 26 48 866 
 
 for opening, &c., sewers 4, 14 44 868,874 
 
 see Streets and City Commissioner 47 
 
 see Taxes 49 
 
 ASSESSORS— 
 
 oftaxes 1,2, 14 49 1070,1071,1076 
 
 ASSAULT AND BATTERY— 
 in streets, public places of resort or amuse- 
 ment 1-3 4 88-84 
 
 ASYLUMS— 
 
 insane, not to be erected within limits of city. 1-8 26 446 
 
 see Hospitals 26 
 
 ATTACHMENT— 
 salaries, &c., due city officers not attachable, 
 
 decisions, 710^0 1 62 
 
 for contempt in criminal court, decision, note, 14 207 
 
 AUCTIONS— 
 
 rates of duties 1-8 6 91-98 
 
 property struck off to highest bidder 8 6 98 
 
 auctioneers 9-42 6 98-106 
 
 what duties appropriated to deepening har- 
 bor 48-46, 1, 2 6, 22 106, 106, 883 
 
 sale of leather, iron or tobacco 47 6 106 
 
 in streets 2 6 106 
 
 decisions, note 6 107 
 
 by board of health 24 28 891 
 
 prohibited in market during certain hours.... 42 36 641 
 
 sewers 7 44 868 
 
 by city collector 48 49 1085 
 
 time and place for sale of horses, &c., in cen- 
 tre market 81 35 666 
 
 AUDITOR— 
 
 office of city, abolished, no/« 49 1061 
 
 AWNINGS— 
 
 permit to erect 26 7 117 
 
 regulated 85 7 121 
 
 flaps and lettered flaps on awnings, permits 
 
 for 34 7 121 
 
 gutters and spouting to 82 7 121 
 
1184 Indbx. 
 
 BAGATELLE— ' sec. art. page 
 
 license for tables 1-2 33 576-580 
 
 BAILIFFS— 
 tax department 13-14,59 49 1075, 1090 
 
 BALES— 
 
 not to be thrown from windows 128 47 1039 
 
 BALL— 
 playing prohibited 3, 129 42,47 841,1039 
 
 BALLS— 
 
 licenses for 18-14 33 683 
 
 BALL ALLEYS— 
 not to be open on Sunday 8 42 840 
 
 BALTIMORE COUNTY— 
 
 when formed, note 1 10 
 
 separation of from city, no/« 1 10 
 
 almshouse, note 1 73,74 
 
 division stock 31 46 917 
 
 BALT. CALVERTON & POWHATAN R. R.— 
 
 incorporation, &c., note 40 881 
 
 BALT. CATONSVILLE & ELLICOTT'S MILLS 
 MILLS PASSENGER RA.ILWAY— 
 
 incorporation, &c.,note 40 831 
 
 decision asto,note 40 832 
 
 BALT. CHESAPEAKE & DELAWARE BAY 
 RAILROAD— 
 subscription to, authorized by act 46 979 
 
 BALT. & DELTA R. R.— 
 
 incorporation, &c., noie 40 832 
 
 BALT. & HALL'S SPRINGS RAILWAY— 
 
 traeks, &c 119-130 40 774-777 
 
 act of incorporation, note 40 774 
 
 park tax 129 40 777 
 
 BALT. HAMPDEN & LAKE ROLAND R. R.— 
 incorporation, &c.,nate 40 832 
 
 BALT. HIGHLANDTOWN & RIVERVIEW 
 RAILROAD— 
 incorporation, &c., note 40 882 
 
Index. 1185 
 
 BALT. & HERRING RUN R. R.— sec. art. page 
 
 tracks, &c 181-187 40 777-780 
 
 BALTIMORE AND OHIO RAILROAD— 
 
 tracks into city 1J2-190 40 781-800 
 
 decisions as to, notes 40, 46 
 
 800-801, 923, 924 
 surplus water from fountain in union square 
 
 soldto,no<c 45 901 
 
 loans, &c., by city to 38 46 922-930 
 
 cattle pens of 137 47 1040 
 
 BALT. PEABODY HEIGHTS & WAVERLY 
 RAILROAD— 
 
 tracks, &c 78-91 40 755-762 
 
 act of incorporation, no^e 40 760 
 
 BALT. & PIKESVILLE R. R.— 
 
 inborporation, &c,, note 40 832 
 
 BALT. & POTOMAC R. R.— 
 
 tracks, &c 191-203 40 801-808 
 
 decisions as to, no^e • 40 807 
 
 BALTIMORE & RANDALLSTOWN R. R.— 
 
 tracks, &c 138-141 40 780-781 
 
 decision as to, no<« 40 780 
 
 BALTIMORE & YORKTOWN TURNPIKE 
 ROAD— 
 
 tracks 92-102 40 762-766 
 
 fare of railway, decision, note 94 40 763 
 
 tolls of, in city limits, decision, no<e 40 766 
 
 acts of incorporation, no^e 40 762,766 
 
 BANDY— 
 
 penalty for playing 3, 129 42,47 841,1039 
 
 BANKS— 
 
 property, money, &c., deposited in, by cor- 
 oner 4,3 12 171,172 
 
 deposits, &c., by register in 22 11 166 
 
 when register to obtainadvances from 23 11 166 
 
 moneys deposited in 13 46 907 
 
 in what, collector of state taxes to deposit 25 49 1068 
 
 deposits in, by city collector 85 49 1081 
 
1186 
 
 Index. 
 
 BAR ROOMS— SEC. art. 
 
 on election days 16 17 
 
 when police to close 14 38 
 
 decisions as to, no^e 38 
 
 retail liquor shops 2 38 
 
 BARBER SALOONS— 
 
 not to be open on sunday 3 42 
 
 BARRELS— 
 
 in streets regulated 115 47 
 
 not to be placed so as to obstruct use of 
 
 hydrants or pumps 65 53 
 
 BASIN— 
 
 cleansing authorized by act , 22 
 
 BATHING— 
 
 construction of bath houses 6 7 
 
 in certain limits regulated 96 22 
 
 on sabbath 96 22 
 
 BAYVTEW ASYLUM— 
 appointment of trustees of the poor: ordi- 
 
 nance-i to be passed: effect of same 1 2 
 
 title to property : powers and privileges 2 2 
 
 oath of trustees : when qualified 3 2 
 
 what sections in force 4 2 
 
 book of minutes 6 2 
 
 appointment of officers, clerks, &c 6 2 
 
 their duties: compensation 7 2 
 
 mode of admitting inmates 8 2 
 
 support and employment of inmates 9 2 
 
 machinery and implements 10 2 
 
 by-laws 11 2 
 
 purveyor of provisions 12 2 
 
 his bond 13 2 
 
 salary 14 2 
 
 overseer 15 2 
 
 his bond 16 2 
 
 list of inmates: accounts of expenditures and 
 
 receipts 17 2 
 
 inmates to work 18 2 
 
 accounts with inmates: inmates to be retain- 
 ed till accounts balanced : leaving without 
 
 permission: certificate, evidence 19 2 
 
 dismissal of inmates 20 2 
 
 PAGE 
 
 266 
 
 702 
 
 712-713 
 
 709 
 
 840 
 
 1033 
 1160 
 
 331-333 
 
 110 
 866 
 
 66 
 67 
 67 
 68 
 68 
 68 
 68 
 68 
 68 
 69 
 69 
 69 
 69 
 69 
 69 
 69 
 
 60 
 70 
 
 70 
 71 
 
Index. 
 
 1187 
 
 BAYVIEW ASYLUM— Ctintinued. sec. art. page 
 
 admission 21 2 71 
 
 times of meeting of trustees 22 2 71 
 
 punishment of paupers 23 2 71 
 
 per diem of trustees 24 2 71 
 
 selling liquor, &c 25 2 72 
 
 badges to be worn by inmates: refusing to 
 
 wear 26 2 72 
 
 penalties and forfeitures: how recoverable 27 2 72 
 
 what officers to assist trustees 28 2 72 
 
 suits: costs 29 2 72 
 
 ward managers of the poor 30 2 72 
 
 term of office 81 2 73 
 
 powers and duties of managers 32 2 73 
 
 persons sent to almshouse by ward managers 33 2 73 
 
 how payments made to trustees of poor 2 73 
 
 property, no<e 2 78-74 
 
 building of, &c., no^e 2 74 
 
 stock 29 46 914 
 
 see Vagrants 62 
 
 BAY WINDOWS— 
 
 permits to erect 26,28,80 7 117,119 
 
 BEAR BAITING— 
 
 prohibited 6 15 241 
 
 BELAIR MARKET— 
 
 limits, &c., of 59 35 648 
 
 bond of clerk 60 85 649 
 
 rent of stalls and benches 61 85 649 
 
 extensioD, &c., notes 86 648-649 
 
 BEQUESTS— 
 
 McDonogh and note 9 84 695-618 
 
 to schools 24 43 854 
 
 BILLIARDS— 
 
 license for tables 1-3, 1-4 33 
 
 675, 576, 679-580 
 
 decision, no^ 83 676 
 
 BILLS— 
 
 of performances, defacing 16 33 683 
 
 destroying, posted for advertisement 18 7 115 
 
 consent of owners of property, bills to be 
 
 dated 19 7 115 
 
1188 
 
 Index. 
 
 BIRDS— 
 
 insectivorous, protected, 
 boxes for 
 
 SEC. ART. 
 
 PAGE 
 
 123 47 
 
 1085 
 
 123 47 
 
 1035 
 
 BIRTHS— 
 
 and deaths, registration of 1-10 
 
 BLEACHING ESTABLISHMENTS— 
 
 over lakes, dams, &c 
 
 41 
 
 BLEACHING SALTS— 
 manufacture of,.... 
 
 BLIND— 
 
 education, &c., of. 
 
 15 53 
 
 63 23 
 
 3-6 K 
 
 BLOOD— 
 
 not to be thrown into streets, 
 burning 
 
 BOARD OP TRADE— 
 court of arbitration of.. 
 
 32 
 63 
 
 1-3 
 
 33 
 
 23 
 
 BOARDS— 
 
 sliding regulated...., 128 47 
 
 BOATS AND SCOWS— 
 
 licenses for 1, 30, 32-33 8 
 
 at wharves. 
 
 67 22 
 
 BOILERS— 
 
 permits for steam 26, 30 
 
 inspection of steam 58-75 
 
 BONDS— 
 
 appeal and injunction 3 
 
 what city officers to give 44 
 
 when not 45-46 
 
 from contractors 54 
 
 of purveyor at Bayview 18 
 
 of overseer at Bayview 16 
 
 of assayer of silver plate 3 
 
 of auctioneers 10-14, 17-20,24, 87 
 
 7 
 28 
 
 in name of State, decisions, »o<e 
 
 of superintendents of chimney sweepers. 
 
 of superintendent of city hall 
 
 of comptroller 
 
 of clerks to comptroller 
 
 1 
 1 
 1 
 1 
 2 
 2 
 5 
 6 
 
 93-95, 
 
 6 
 
 2 9 
 
 1 10 
 
 1 11 
 
 15 11 
 
 834-837 
 
 1127 
 
 ,408 
 
 245 
 
 894 
 403 
 
 75-80 
 
 1039 
 
 127, 140, 141 
 855 
 
 117,119 
 496-502 
 
 16 
 60 
 61 
 63 
 69 
 69 
 86 
 
 96-97, 97, 103 
 94 
 148 
 155 
 158 
 168 
 
Indbx. 1189 
 
 BONDS— Continued. pec. 
 
 of register ; 17 
 
 of deputy register 18 
 
 of coroner 1 
 
 solicitor's duty as to 4 
 
 of clerks of courts 13 
 
 of sheriff 18 
 
 of State's attorney 24 
 
 of register of wills 48-50 
 
 of clerks of law courts 61-55 
 
 of clerk of criminal court 57-58 
 
 of clerk of circuit court 59 
 
 of superintendent of court-house and record 
 
 oflBce 5 
 
 of watchman of court-house and record office, 5 
 
 of wharfingers 28 
 
 of vaccine agent to State 28 
 
 of persons permitted to clean privies in day 
 
 time 78 
 
 of superintendent of fire alarm telegraph 86 
 
 of telegraph operators 37 
 
 of linemen 38 
 
 of nightmen 76 
 
 of marine hospital physician 132 
 
 of street superintendents 115 
 
 of masters, &c., of vessels bringing emi- 
 grants 2-6 
 
 of inspectors of hay and straw 13, 31 
 
 of weighmaster of live stock 36 
 
 of inspectors of steam boilers 58 
 
 of weighers of grain 78, 79 
 
 of general superintendent of lamps and in- 
 spector of gas meters 2 
 
 of inspector of illuminating gas 12 
 
 of keepers of standards of weights and mea- 
 
 measures 21 
 
 of warden of jail 16 
 
 of pawnbrokers 31, 35 
 
 from persons obtaining license for billiards, 
 
 rondo or bagatelle tables 2 
 
 of clerks of markets 4 
 
 of city librarian 3 
 
 of police commissioners 2 
 
 of clerk of police commissioners 4 
 
 of clerk to marshal of police 7 
 
 ABT. 
 
 
 PAGE 
 
 11 
 
 
 163 
 
 11 
 
 
 164 
 
 12 
 
 
 171 
 
 13 
 
 
 175 
 
 14 
 
 
 188 
 
 14 
 
 
 190 
 
 14 
 
 
 192 
 
 14 
 
 208-209 
 
 14 
 
 209-210 
 
 14 
 
 
 211 
 
 14 
 
 
 211 
 
 14 
 
 
 287 
 
 14 
 
 
 287 
 
 22 
 
 
 821 
 
 23 
 
 
 884 
 
 28 
 
 
 408 
 
 20 
 
 
 295 
 
 20 
 
 
 296 
 
 20 
 
 
 296 
 
 28 
 
 
 407 
 
 28 
 
 
 426 
 
 28 
 
 
 419 
 
 27 
 
 472,478 
 
 28 
 
 483 
 
 :,488 
 
 28 
 
 
 490 
 
 28 
 
 
 497 
 
 28 
 
 
 608 
 
 28 
 
 517, 
 
 1166 
 
 28 
 
 
 520 
 
 28 
 
 
 624 
 
 29 
 
 
 535 
 
 33 
 
 587 
 
 ,689 
 
 33 
 
 
 679 
 
 35 
 
 
 680 
 
 32 
 
 
 671 
 
 38 
 
 
 691 
 
 38 
 
 
 698 
 
 38 
 
 
 697 
 
1190 
 
 Tjstdex. 
 
 BONDS — Ckmtintied. sbc. abt. page 
 
 of treasurer to police commissioners 18 38 701 
 
 from contractors for sewers 25 44 876 
 
 of private contractors to grade, &o 44 47 1018 
 
 of purchaser of material, &c., sold by com- 
 missioners to open streets 7 47 997 
 
 of city commissioner and assistant 63 47 1019 
 
 of surveyor 8 48 1056 
 
 of collector of state taxes 24 49 1068 
 
 of collector appointed by governor 27 49 1069 
 
 of collector of city taxes 28 49 1079 
 
 of water oflScers 5 58 1181 
 
 see Stscks , 46 
 
 BONES— 
 
 purchase of, by dealers 39 23 896 
 
 boiling and grinding 56 23 401 
 
 burning 63 23 408 
 
 BOOTHS— 
 
 on wharves 83 22 860 
 
 BOUNDARIES— 
 
 of the city, »o/e „ 1,48 9,1052 
 
 BOXES— 
 
 in streets regulated 115 47 1083 
 
 for sparrows, wrens, &c., protected 123 47 1086 
 
 BOYS' HOME— 
 
 purposes, &c., of 27-29 52 1116 
 
 BREAD— 
 
 assize of 108 28 618 
 
 BRICKS— 
 
 size of 4 7 109 
 
 buildings of 8-10 7 111-112 
 
 BRICK KILNS— 
 
 regulated 66 23 408 
 
 BRIDGES— 
 
 duty of city commissioner 79 47 1028 
 
 Harman's bridge, light street, &c., note 92 22, 47 363, 864, 998 
 
 BRIDGES AND HIGHWAYS— 
 
 purchase of, and turnpike roads 13, 16 47 990,993 
 
 tax for 13-14 49 1065,992 
 
Ikdbz. 
 
 1191 
 
 BROADWAY MARKET— sec. abt. pagk 
 
 keeper of hall over 62,64 35 650 
 
 bond of clerk 63 85 650 
 
 defacing hall, &c 65 85 650 
 
 wagons, &c 66 85 651 
 
 note 35 650 
 
 BUILDINGS— 
 
 inspector of 20-45 7 115-125 
 
 spouting and gutters on 32 7 120 
 
 lightaing rods in city 40 7 128 
 
 fire in 6 20 281 
 
 permits frona inspector of 26-31 7 217-120 
 
 permits to erect, from Appeal Tax Court 2VJ-27 49 1077-1078 
 
 of wood 1-7 7 no-Ill 
 
 of brick and stone 8-10 7 111-112 
 
 lamps attached to 11 7 112 
 
 penalty for injuring houses, &c 12, 18 7 112 
 
 builder's privileges on streets 14 7 118 
 
 may enclose front of houses 15 7 114 
 
 Blate and other roofs 16 7 114 
 
 party walls and partition fences 41, 45 7 123-124 
 
 for livery, hiring or sale stables 38 8 148 
 
 chimneys in new 11 9 151 
 
 smoking meat in : 15 9 152 
 
 fire places in 16 9 162' 
 
 reports to mayor of, erected 17 9 158 
 
 unoccupied 42 20 298 
 
 ashes in 48 20 299 
 
 hay and cut straw in 49 20 299 
 
 gunpowder in 56-56 20 303 
 
 when of frame, to be raised up 29 28 398 
 
 of city 28 7 116 
 
 BULK WINDOWS— 
 
 fronting on streets 8 7 109 
 
 BULL BAITING— 
 
 prohibited 1 16 240 
 
 CALVES— 
 
 muzzling 8 15 242 
 
 confining mouths of 4 15 242 
 
 CANDLES— 
 
 when lighted not to be taken into stables: notice, 44, 69 20 298, 299 
 
 manufacturing 1, 69 23 876,402 
 
1192 Index. 
 
 CANTON COMPANY— sec. art. page 
 
 incorporation of, no^e 44 878 
 
 CANTON MARKET— 
 
 rents and licenses of stalls in 67 36 661 
 
 bond of clerk 68 35 652 
 
 note 35 661 
 
 CARION— 
 to be buried 34 23 395 
 
 CARS— 
 
 railway cars not to stand on streets unless 
 
 chained : mode of chaining : not to remain 
 
 on streets on Sunday 1 40 723 
 
 removing cars, &c 2 40 723 
 
 where cars may be loaded and unloaded 3 40 724 
 
 cars, &c., not to be placed across flagstones, 4 40 724 
 streets between railroads and footways not 
 
 to be obstructed 5 40 724 
 
 railroad cars regulated 6 40 725 
 
 rate at which railroad cars may move 7 40 725 
 
 vehicles in passing railways to take the right, 8 40 725 
 not more than two cars in connection to be 
 
 moved on track 9 40 725 
 
 minors not to jump on or off railroad cars : 
 
 exception 10 40 726 
 
 right of way 24-26 40 730 
 
 decision as to engines and, no<e 40 728 
 
 see Railroads 40 
 
 CARRIAGES AND HORSES— 
 
 sale of, at auction 14,27, 28 6 95,98 
 
 lien of livery stable keepers 14-16 8 132 
 
 buildings for livery, hiring and sale stables.. 38-40 8 142-143 
 
 what, a hackney carriage 2 8 128 
 
 rates of fare for hacks regulated 3, 4, 6, 7 8 128 129 
 
 number to be placed on carriage 5 8 129 
 
 driver refusing number : refusing to give cor- 
 rect rates : misconveying or insulting pas- 
 sengers 7 8 129 
 
 carriages to keep to the right 1 8 132 
 
 not to enter narrow streets when occupied.,.. 2 8 133 
 
 drivers to hold reins : immoderate gait pro- 
 hibited : horses, &c., not to be turned loose : 
 drivers to hold, or be within reach of bridle : 
 not to drive over footways 3 8 138-134 
 
5 
 
 8 
 
 134 
 
 6 
 
 8 
 
 134 
 
 7 
 
 8 
 
 134 
 
 8 
 
 8 
 
 184 
 
 9 
 
 8 
 
 134 
 
 10 
 
 8 
 
 134 
 
 11 
 
 8 
 
 135 
 
 12 
 
 8 
 
 135 
 
 13 
 
 8 
 
 135 
 
 Index. X, 1193 
 
 CARRIAGES AND EOESES— Continued. sec. art. page 
 
 carriages of burden not to go faster than a 
 
 walk • 4 8 134 
 
 no person to ride or drive over bridges faster 
 than a walk 
 
 omnibuses 
 
 racing 
 
 express riding regulated 
 
 riding and driving regulated...'. 
 
 sleighs and railroad cars to have bells 
 
 - drays regulated 
 
 mayor to regulate cart stands 
 
 carriages of pleasure regulated 
 
 duty of drivers occupying stands : not to seek 
 
 employment on Sunday 14 8 135 
 
 vehicles remaining in street* over night 
 Sunday 
 
 wagons not to stand on streets oo Sunday 
 
 passenger railway cars not to be obstructed : 
 fioe 
 
 cracking of whips prohibited 
 
 wagons, &c., not to stand across streets 
 
 nor stand acro.ss flagstones, &c. 
 
 nor to obstruct approach to any place, ex- 
 cept at market on market days 21 8 137 
 
 wagons, carts, &c., not to remain longer than 
 two hours, when not in actual use: ex- 
 ception 22 8 138 
 
 distance between vehicles in driving; fu- 
 nerals 
 
 riding or driving across the line of funerals... 
 
 taking or removing vehicles, &c., without 
 permission of owners, &c 
 
 when mayor shall withdraw licenses 
 
 comptroUor's powers as to licensing 
 
 hacks, &c., to be numbered : owner to take 
 out licenses 
 
 licenses when to terminate and be renewed... 
 
 register to provide numbers, &c.: where num- 
 bers to be placed 
 
 numbers of any design may be used 
 
 rate of license 
 
 false entry or change of numbers 
 
 carriages not to be used for hire without be- 
 ing licensed and numbered 84 8 142 
 
 15 
 
 8 
 
 136 
 
 16 
 
 8 
 
 180 
 
 17 
 
 8 
 
 186 
 
 18 
 
 8 
 
 136 
 
 19 
 
 8 
 
 130 
 
 20 
 
 8 
 
 137 
 
 23 
 
 8 
 
 138 
 
 24 
 
 8 
 
 138 
 
 25 
 
 8 
 
 138 
 
 26 
 
 8 
 
 139 
 
 27 
 
 8 
 
 139 
 
 28 
 
 8 
 
 139 
 
 29 
 
 8 
 
 140 
 
 30 
 
 8 
 
 140 
 
 31 
 
 8 
 
 140 
 
 32 
 
 8 
 
 141 
 
 33 
 
 8 
 
 141 
 
1194 Index. 
 
 CARRIAGES AND KOB^SES— Continued. sec. abt. page 
 number corresponding with license only to be 
 
 used 35 8 142 
 
 register to give uotice 36 8 142 
 
 violating rules of mayor relating to carriages, 
 
 &c 37 8 142 
 
 standsfor 41-50 8 143-146 
 
 unauthorized persons not to ride in vehicles... 8 1164 
 
 CARROLLTON AVENUE R. R.— 
 
 incorporation, &c., nofe 40 .833 
 
 CARTS— 
 
 on wharves 82-83 22 359-360 
 
 slop 49 23 398 
 
 night 76 23 407 
 
 of street superintendents 109, 116 23 418,420 
 
 garbage 91-92 23 413 
 
 garbage, to have sign and bells 93 23 414 
 
 how to be covered 96 23 414 
 
 carrying ofifal, &c 97 23 415 
 
 used for certain purposes to be tight 98 23 415 
 
 hauling cordwood: measurement of 101-105 28 511 
 
 drivers of charcoal wagons and 46 28 531 
 
 license to retail charcoal from wagons and... 47 28 531 
 
 wagons, &c. at markets 34,45,50 35 639, 642, fi44 
 
 wagons outside Institute market house 84 35 656 
 
 at Lexington market 108 35 062 
 
 passing railroad cars , 8 40 725 
 
 wagons and drays, breadth of wheels of 3 8 128 
 
 in streets 41-50 8 143-146 
 
 CASKS AND LIQUORS— 
 
 gaugers of ' 4-11 28 481-483 
 
 CATTLE— 
 
 driving sheep, swine or, in streets 131-137 47 1039-1040 
 
 swine, goats and, not to run at large 138-141 47 1040-1041 
 
 CELLARS— 
 
 vaults, areas and 96-111 47 1028-1032 
 
 CENTRE MARKET— 
 
 limits 69 36 652 
 
 footways around 69 26 653 
 
 market on fish market space 70 35 653 
 
 fresh fish : vegetables and fruits 71 35 653 
 
 licenses to conform 72 35 658 
 
Index. II95 
 
 CENTRE MARKET— Chntinued. sec. art. page 
 
 boxes, fish, &c 73 35 653 
 
 stalls for tfale of cheese and salted fish 74, 79 36 663, 654 
 
 bond of clerk 75 86 '654 
 
 assistant clerk 76 35 664 
 
 clerks to have streets washed 77 35 664 
 
 rent for stalls and benches 78 86 664 
 
 meats and cooked provisions 80 35 655 
 
 time and place for the sale of horses desig- 
 nated : where horses not to be sold 81 35 666 
 
 driving across Centre market space at Lom- 
 bard and Pratt streets 82 35 656 
 
 what limits hucksters to keep 83 86 665 
 
 CERTIFICATE— 
 
 of stock, form of, «fcc 1-4 46 905-906 
 
 renewal of 6-7 46 906-907 
 
 CHANNEL— 
 
 deepening and improving 48,1,2-3,6 22 105-108,333 
 
 (jHARCOAL— 
 
 mills for pulverizing 61 23 402 
 
 measure of: deputies: oath 40 28 629 
 
 mayor to designate stands '. 41 28 580 
 
 to be measured 42 28 630 
 
 retailers of exempt 43 28 630 
 
 standard for measuring 44 28 530 
 
 measurer not to deal in 46 28 631 
 
 fraud in quantity 46 28 631 
 
 retailing, license 47 28 531 
 
 CHARITABLE MARINE SOCIETY— 
 
 rights of, protected 47,11 14,43 208,846 
 
 CHARITABLE PURPOSES— 
 
 deed, devise, &c., of property to city for 2 1 9 
 
 McDonogh bequest, &c 1-9 34 592-618 
 
 concerts for 16 38 583 
 
 CHEMICAL— 
 
 preparations for roofing, &c., prohibited in 
 
 city 54 23 400 
 
 CHEMICAL LABORATORIES— 
 
 how erected 8 23 378 
 
 what preparations allowed in 63 23 403 
 
1196 Index. 
 
 CHILDREN— SEC. art. page 
 
 houses of refuge and reformation for 1-36 26 455-470 
 
 of non-residents attending public schools: 
 
 charges 22 43 854 
 
 registration of births 1-10 41 834-837 
 
 vagrant and mendicant children 16-19 52 1110-1112 
 
 CHILDREN'S AID SOCIETIES— 
 
 powers over vagrant, &c.: minors 26-30 52 1114-1116 
 
 CHIMNEYS— 
 
 power to license and regulate, and sweeping, 19 147 
 superintendents of sweepers to be appointed 
 
 andlicensed 1 9 148 
 
 togivebond 2 9 148 
 
 duty of superintendents: persons refusing 
 
 to allow, to be swept 3 9 148 
 
 neglect of duty by superintendents 4 9 149 
 
 fees 5 9 149 
 
 afire 6 9 150 
 
 flues of, in which anthracite coal is used, 
 
 regulated 7 9 150 
 
 width of funnels regulated: notice 8 9 160 
 
 timber resting on, regulated 9 9 150 
 
 superintendents to enforce regulations 10 9 151 
 
 their duty in relation to new houses : liability 
 
 of owners : charge for scraping 11 9 151 
 
 chimneys annoying neighbors or endangering 
 
 property prohibited 12 9 151 
 
 spark catchers 13 9 151 
 
 pipes through sides of wooden houses or 
 
 ceilings 14 9 152 
 
 smoking meat prohibited 15 9 152 
 
 superintendents to examine fire-places, &c.: 
 
 notice to fire inspector 16 9 152 
 
 annual report of superintendents of houses 
 
 erected 17 9 153 
 
 hours for sweeping 18 9 153 
 
 when fire inspector to have smoke stacks, 
 
 flues, &c., altered 12 9 151 
 
 CHLORIDE OF LIME— 
 
 manufacture of 63 23 403 
 
 CHURCHES— 
 penalty for injuring, noie 13 7 113 
 
Index. 
 
 1197 
 
 CIRCUIT COURT— 
 
 jurisdiction 
 
 habeas corpus, note 
 
 terms of 
 
 clerk of 1 1 
 
 appeal from decision, no<« 
 
 jury in, decision, note 
 
 jurisdiction of 
 
 opinions of judge of 
 
 night watchman of office of clerk of. 64-65 
 
 janitor to 
 
 watchman to 
 
 sale and redemption of property sold for 
 
 taxes 10 
 
 SEC. 
 
 AET. 
 
 PAGE 
 
 8 
 
 14 
 
 184 
 
 
 14 
 
 184 
 
 15 
 
 14 
 
 201 
 
 13,59 
 
 14 
 
 186, 188, 211 
 
 
 14 
 
 201 
 
 
 14 
 
 201 
 
 
 14 
 
 202 
 
 17 
 
 14 
 
 202 
 
 64-65 
 
 14 
 
 218 
 
 9 
 
 14 
 
 288 
 
 9 
 
 14 
 
 289 
 
 49 
 
 CITY OF BALTIMORE— 
 
 Constitution as to 
 
 a creature of the Legislature, powers of, note, 
 
 incorporated as a city 
 
 corporate powers of 
 
 origin and boundaries of, note 
 
 separation of, from Baltimore county, note... 
 
 power to take and hold property 2 
 
 charitable bequests to 2 
 
 leases and sales 2 
 
 wards and precincts in 8, 38 
 
 mayor, his secretary and clerk .• 1, 5, 6, 4-11 
 
 1-9 
 
 1 
 1 
 
 city council 2-5, 13-26, 7-27 
 
 city officers 27-28, 40-50 
 
 oath 28 
 
 claims before council 29-81 
 
 iiscal year 32-37 
 
 legislative and congressional districts 89 
 
 city contracts 51-54 
 
 records 56-67 
 
 seal 58-59 
 
 faith of, pledged that city stock shall not be 
 
 taxed 21 
 
 see Corporation 
 
 CITY COMMISSIONER— 
 
 appointment of, and assistants 62-67 
 
 to place lightning rods on city buildings 40 
 
 refuse material 11-12 
 
 duty as to railroads in streets 19-22 
 
 4,5 
 
 49 
 
 1062 
 
 4-7 
 7 
 8 
 8 
 9 
 
 10 
 9 
 9 
 
 10 
 10,25 
 
 10-12, 16-17 
 
 12-14, 17-22 
 
 15, 59-62 
 
 22 
 
 23 
 
 23-24 
 
 58-59 
 
 62-64 
 
 64-66 
 
 66 
 
 1077 
 
 47 
 
 1019-1020 
 
 7 
 
 128 
 
 7 
 
 162 
 
 40 
 
 728-780 
 
1198 IliTDBX. 
 
 CITY COMMISSIONER— Cbnfo"nM«rf. sec. art. page 
 
 sewers 1-29, 78 44, 47 864, 878,1023 
 
 paving, grading, &c., streets 28-Gl 47 1008-1019 
 
 repairing, mending, &c., streets and bridges, 62-83 47 1019-1024 
 repairing and cleaning private wharves, 
 
 docks, &c 82 47 1024 
 
 trenches made bj gas companies 83 47 1024 
 
 permits from 94-95 47 1027-1028 
 
 vaults, areas and cellars 96-111 47 1028-1032 
 
 street regulations 112-130 47 1032-1039 
 
 decisions as to paving, grading, &c., streets, 
 
 noU 47 1048-1050 
 
 notice from, as to lumber in streets 119 47 1034 
 
 duty as to street trees 122 47 1035 
 
 duty of city surveyor as to 2,7 48 1052,1055 
 
 see Jones' Palls 80 
 
 see Streets and 47 
 
 CITY COUNCIL— 
 see Council 
 
 CITY COURT— 
 
 jurisdiction 2, 10, 13 14 183, 186, 188 
 
 appeal to, under law regulating hacks 11-12 8 131 
 
 appeal from justices under ordinances 2, 10, 16 14 186, 186, 189 
 
 costs in, on appeals from justices 103-104 14 231 
 
 decision as to costs, nofe 14 . 232 
 
 decision as to jurisdiction, nofe 14 234 
 
 clerk of 11, 13, 51 14 186, 188, 209 
 
 terms of 3 14 193 
 
 return days of 4 14 193 
 
 officers of 25,61,63 14 192,212,213 
 
 janitor to 9 14 239 
 
 watchman to 9 14 239 
 
 appeal to, in case of sewers 8,9 44 870 
 
 appeal to, from street commissioners.. 1, 10 47 984, 1000 
 
 appeal to, in proceedings to dispossess 
 
 tenants 19-22 50 1098 
 
 decision as to tenants by, note 50 1102-1108 
 
 CITY HALL— 
 
 superintendent of 1 10 154 
 
 city messenger 2 10 155 
 
 watchman 3-5 10 155 
 
 engineers and firemen 6 10 156 
 
 absence from duty 7 10 156 
 
Index. 
 
 1199 
 
 CITY aALlr—Omiinued. bec. art. 
 
 building, &c., note 10 
 
 stock 46 
 
 CITY OFFICERS— 
 
 see Officers of the Corporation 
 
 CITY PASSENGER RAILWAY— 
 
 tracks, &c 27-58 40 
 
 decisions as to,note 40 
 
 right of way on tracks 24-26 40 
 
 CITIZENS' RAILWAY— 
 
 tracks, &c 59-77 40 
 
 decisions as to, note 40 
 
 right of way on tracks of 24-26 40 
 
 CLAIMS— 
 
 limitations on 29 1 
 
 for expenses of council 80 1 
 
 joint standing committee of council on 31 1 
 
 for property destroyed by Marine Hospital 
 
 physician, decision, »o<c 23 
 
 soldiers and seamen , 21 11 
 
 against city 25 11 
 
 for return of taxes 9 49 
 
 CLEANERS OF MARKETS— 
 
 salariesof 58 35 
 
 CLERK— 
 
 to mayor 5,6 1 
 
 to comptroller 14 11 
 
 of courts 11 14 
 
 bonds of clerks of courts ^....13, 51-59 14 
 
 to harbor board : 9 22 
 
 of markets 1,58 35 
 
 to register 28 11 
 
 in tax department 1,5-9 49 
 
 see Officers of the Corporation 
 
 COAL AND ASHES— 
 
 removal of 91 23 
 
 duty of housekeepers 92 23 
 
 COAL— 
 flues of chimneys in which anthracite, is used, 
 
 regulated 7 9 
 
 anthracite, &C.5 how to be sold 48 28 
 
 prohibited in streets 113 47 
 
 PAOK 
 
 156 
 915 
 
 730-748 
 
 746-748 
 
 730 
 
 743-754 
 
 755-757 
 
 780 
 
 23 
 23 
 23 
 
 437-441 
 
 165 
 
 166 
 
 1037 
 
 646 
 
 17 
 
 162 
 
 187,212 
 
 188, 209-211 
 
 336 
 
 628,646 
 
 167 
 
 1070, 1090 
 
 413 
 413 
 
 150 
 
 531 
 
 1032 
 
1200 
 
 Index. 
 
 COCK FIGHTING— 
 prohibited 
 
 SEC. ART. 
 
 1 15 
 
 COFFEE— 
 
 damaged, not to be brought into the city. 
 
 137 23 
 
 COLLECTOR— 
 
 annual levy 
 
 public sale of property for taxes 
 
 payments to, from property sold by conip- 
 
 troller 
 
 to furnish to clerk of court list of taxable 
 
 males 2 
 
 school fund 25 
 
 sewers 10-13 
 
 of taxes 2-3,28 
 
 clerks 59 
 
 decisions, note 
 
 of water department 5 
 
 see Streets and City Commissioner 
 
 11 
 11 
 
 10 11 
 
 COLORED CHILUREN- 
 s<ihools for 
 
 31 
 43 
 44 
 49 
 49 
 49 
 49 
 47 
 
 38-40 43 
 
 COMMISSIONERS OF FINANCE— 
 
 school fund 26 43 
 
 appointment of 8 46 
 
 vacancy 9 46 
 
 certificates of stock 1-7 43 
 
 department of finance 8-28 46 
 
 sinking funds and funding Hoating debts 17-28 46 
 
 stocks 29-37 46 
 
 see Stocks. ; 46 
 
 COMMISSIONERS FOR OPENING STREETS— 
 
 sewers 1 44 
 
 powers and duties 1 47 
 
 duties of surveyor as to 3,7 48 
 
 COMPTROLLER— 
 
 as to city contracts 51-54 
 
 keeper of title deeds, &c 57 
 
 system of keeping accounts 30-31 
 
 expenses of council 30-81 
 
 fiscal year, and reports to council 32-35 
 
 when to withold warrant from city officers... 37 
 
 to report indebtedness over appropriations... 36 
 
 auction duties for deepening harbor, &c 43 
 
 PAGE 
 
 240, 242 
 
 429 
 
 159 
 161 
 
 161 
 
 658 
 
 854 
 
 872-873 
 
 1068, 1079 
 
 1090 
 
 1092-1093 
 
 1080 
 
 858 
 
 865 
 
 907 
 907 
 905-907 
 907-914 
 910-914 
 914-922 
 
 864 
 
 993 
 
 1053, 1055 
 
 62-64 
 
 65 
 
 168-169 
 
 23 
 
 23-24 
 
 24 
 
 24 
 
 105 
 
Index. 
 
 1201 
 
 COMPTROL LER— Continued. 
 
 when to grant special licenses to hackmen... 
 
 to issue licenses for carriages, wagons and ve 
 
 hides: rates 27,32 
 
 for boats and scows: rates 27,32 
 
 numbers for carriages, &c 28,30, 
 
 appointment of : salary : terra of office : bond. 
 
 duties of as to fiscal concerns, accounts, &c... 
 
 to examine contracts, issue licenses, &c : open 
 accounts with all the departments : certify 
 to correctness of claims : report all con- 
 tracts to council : report when appropria- 
 tions are exhausted : examine and certify 
 to correctness of pay rolls 
 
 public improvements 
 
 to represent city when property insured is 
 destroyed by fire 
 
 insurance of city property 
 
 to bid at public sale for property sold for 
 taxes 
 
 to sell for cash property purchased 
 
 to pay to collector and register 
 
 to take charge of refuse material: to sell 
 same, and old metal 
 
 refuse material, «&c., to be handed over to 
 
 separate account for refuse material 
 
 clerks: salaries: extra assistance 
 
 bonds of clerks 
 
 when chief clerk to act 
 
 licenses from, for cleaning privies 75-76 
 
 returns to, from commissioners of pensions, 
 war of 1812 
 
 to procure sets of weights and measures 
 
 standards to be deposited m office of. 
 
 license to retailers of charcoal 
 
 licenses 
 
 licenses and renting of stalls in markets 16-19 
 
 what dealers at markets to obtain licenses 
 
 from 84-36 
 
 Belair market, note , 
 
 Broadway market, note 
 
 Canton market, note 
 
 Centre market, note 
 
 Hullins street market, note 
 
 Richmond market, noit 
 
 SEO 
 
 . AST. 
 
 PAGE 
 
 8 
 
 8 
 
 130 
 
 ,32 
 
 8 
 
 189,141 
 
 ,32 
 
 8 
 
 139, 141 
 
 ,81 
 
 8 
 
 139, 140 
 
 1 
 
 11 
 
 158 
 
 2-3 
 
 11 
 
 158 
 
 4 11 
 
 169 
 
 5 11 
 
 160 
 
 6 11 
 
 160 
 
 7 11 
 
 161 
 
 8 11 
 
 161 
 
 9 11 
 
 161 
 
 10 11 
 
 161 
 
 11 11 
 
 162 
 
 12 11 
 
 162 
 
 13 11 
 
 162 
 
 14 11 
 
 162 
 
 15 11 
 
 168 
 
 16 11 
 
 168 
 
 .-76 23 
 
 407 
 
 8 24 
 
 448 
 
 23 28 
 
 624 
 
 24 28 
 
 624 
 
 47 28 
 
 531 
 
 -42 33 
 
 57^-591 
 
 ^19 35 
 
 633-635 
 
 1-36 36 
 
 639-640 
 
 86 
 
 640 
 
 85 
 
 660 
 
 85 
 
 661 
 
 86 
 
 653 
 
 86 
 
 660 
 
 86 
 
 666 
 
1202 
 
 Index. 
 
 COMPTROLLER— (7onfmMe(f. 
 
 fewers 
 
 return by surveyor of plats to 
 
 statement to, from appeal tsx court 
 
 certificate to, from collector before payment 
 
 of damages for property condemned 
 
 description of lots coudemned for opening 
 
 streets, &c 
 
 see Streets and City Commissioaer 
 
 CONCEALED WEAPONS— 
 carrying... 
 
 CONGRESSIONAL DISTRICTS— 
 third, fourth and fifth, note 
 
 SEC. 
 
 ART. 
 
 PAQB 
 
 25 
 
 44 
 
 876 
 
 8 
 
 49 
 
 1056 
 
 5 
 
 49 
 
 1072 
 
 61 49 
 
 62 49 
 47 
 
 22 38 
 
 CONSTABLES— 
 
 mayor and city council to appoint 16, 96 
 
 number of. 
 
 when to be removed : no deputy in serving 
 
 writ 
 
 fees of 
 
 CONSTITUTION OP MARYLAND— 
 
 as to city 1-9, 1-25 1, 
 
 term of-office of mayor 
 
 election for mayor, when held 
 
 city council 
 
 debts created by city 
 
 oath prescribed by, noie 
 
 legislative and congressional districts, note... 
 
 courts in city 
 
 surveyor 
 
 as to taxation, note 
 
 CONTAGIOUS DISEASES— 
 
 prevention of, in city , 
 
 persons with, sent to marine hospital , 
 
 infected districts to be fenced in., 
 
 when mayor to convene council 
 
 see Quarantine 
 
 1091 
 
 1091 
 
 706 
 
 59 
 
 6,96 
 
 14 
 
 189, 227 
 
 96 
 
 14 
 
 227 
 
 97 
 
 14 
 
 228 
 
 101 
 
 14 
 
 230 
 
 1-25] 
 
 1,14 
 
 4-7, 182-192 
 
 1 
 
 
 4 
 
 1 
 
 
 4 
 
 2-4 
 
 
 5 
 
 7 
 
 
 6 
 
 28 
 
 
 22 
 
 39 
 
 
 58-59 
 
 1-25 
 
 14 
 
 182-192 
 
 
 48 
 
 1061 
 
 
 49 
 
 1059 
 
 1 
 
 23 
 
 376 
 
 136 
 
 23 
 
 429 
 
 129 
 
 23 
 
 423 
 
 130 
 
 23 
 
 423 
 
 CORPORATION OP BALTIMORE CITY— 
 
 incorporated 11 8 
 
 municipal powers of, decisions, notes 1 7 
 
 origin and boundaries, no<e 1 9 
 
 claims against 29-31, 26 1, 11 28, 166 
 
Index. 
 
 1203 
 
 1,25 
 
 CORPORATION, &a.~-Oontinued. beo. abt. 
 
 fiscal year of. 82 
 
 advertisements of 50 
 
 contracts of. 51-54 
 
 records 55-57 
 
 seal 58 
 
 as to auction duties 48-46 
 
 constructing or repairing buildings of 23-25 
 
 lightning rods on buildings of 40 
 
 insurance of property of 4,7 
 
 see City of Baltimore 
 
 see Officers of the Corporation 
 
 CORPORATIONS— 
 powers of, decisions, notes 
 
 CONTRACTS— 
 
 members of the city council not to be interest- 
 ed in city 
 
 mayor not to be interested in city 
 
 city officers not to be concerned in city 
 
 extra compensation to city officers, contract- 
 ors, &c , 47-48 
 
 proposals to be laid before mayor 
 
 mayor, comptroller and register to award 
 
 time and place of opening proposals 
 
 bonds from contractors 
 
 for constructing or repairing city buildings... 
 
 comptroller to examine and report to council 
 
 decision, note 
 
 harbor board not to be interested in 
 
 for removing garbage, &c 108-106 
 
 members of school board not to be interested 
 
 record kept by inspector of buildings of pro- 
 posals for city 
 
 private, of owners for grading, &c 
 
 officers of water board not to be interested in. 
 
 18 48 
 
 25 
 
 44 
 
 4 
 
 7 
 47 
 68 
 
 COPAL VARNISH— 
 manufacture of. 
 
 CORN AND FLOUR EXCHANGE— 
 
 . arbitration, committee of, 
 
 CORONER— 
 
 four for Baltimore: term of office: salary: 
 oath and bond 
 
 66 28 
 
 4-6 3 
 
 1 12 
 
 PAGE 
 
 23 
 
 62 
 
 62-64 
 
 64-65 
 
 65 
 
 105-106 
 
 116-117 
 
 123 
 
 169, 161 
 
 8, 16, 445 
 
 5 1 
 
 5 
 
 6 1 
 
 5 
 
 43 1 
 
 60 
 
 47-48 1 
 
 61 
 
 61 1 
 
 68 
 
 51 1 
 
 63 
 
 62 1 
 
 63 
 
 63 1 
 
 63 
 
 23-25 7 
 
 116-117 
 
 64,4 1,11 
 
 63, 169 
 
 1 
 
 64 
 
 8 22 
 
 886 
 
 18-106 23 
 
 416-417 
 
 863 
 
 117 
 1013 
 1130 
 
 401 
 80-82 
 
 170 
 
1204 
 
 Ikdbz. 
 
 CORONER— Continued. 
 
 assigned to districts: deputies 
 
 duties: jury: expenses ■. 
 
 report to police commissioners 
 
 property and money deposited in bank to or- 
 der of orphans' court 
 
 duties as to registration of deaths 
 
 COSTS— 
 
 security for, when given by mayor 
 
 in criminal cases 25, 28, 30, 34, 35, 39, 42 
 
 SEC. 
 
 ART, 
 
 PAGE 
 
 2 
 
 12 
 
 171 
 
 8 
 
 12 
 
 171 
 
 4 
 
 12 
 
 171 
 
 4,3 
 
 12 
 
 171,172 
 
 2 
 
 41 
 
 834 
 
 3 
 
 1 
 
 16 
 
 ,42 
 
 14 
 
 
 to justices of the peace 100, 103, 104 
 
 for warrant, commitment, &c., for vagrants, 
 
 &o., note 36,15 29,52 
 
 decisions as to justices' 
 
 in inquisitions for land for water department, 8 
 
 in actions for wrongs 203 
 
 in appeals from justices 104 
 
 in actions for fines and penalties 3, 6, 10 
 
 see Fees 
 
 204, 205, 206, 207 
 14 228,231 
 
 9,52 
 
 540,1110 
 
 14 
 
 232 
 
 53 
 
 1124 
 
 14 
 
 231 
 
 14 
 
 231 
 
 19 
 
 274, 275 
 
 COTTON WADDING— 
 laps and bats, manufacture of. 
 
 64 23 
 
 403 
 
 COUNCIL— 
 
 two branches 
 
 election of members of. 3, 
 
 what first branch to consist of. 
 
 what second branch 
 
 sessions of. 
 
 members not to hold any other office : city 
 
 contracts 
 
 action of mayor on ordinances of 
 
 when, may pass ordinances over mayor's veto 
 effects of non-return of ordinance by mayor 
 
 ordinances and resolutions of, evidence 
 
 qualifications of electors , 
 
 vacancies 
 
 duty of judges of election 
 
 time of meeting 
 
 absent members 
 
 presidents of branches 
 
 when president of branch, mayor ex-officio... 
 
 qualification of memberf 
 
 expelliag members 
 
 2,13 
 
 I 5,12 
 
 16.17 
 
 I 5, 13 
 
 14 
 
 I 12 
 
 15 
 
 1 13 
 
 4 
 
 1 5 
 
 5,15 
 
 I 5,18 
 
 9-11 ] 
 
 I 12 
 
 10 ] 
 
 [ 12 
 
 11 ] 
 
 12 
 
 12 ] 
 
 I 12 
 
 18 
 
 I 13 
 
 19 
 
 I 13 
 
 20, 26 1, ] 
 
 7 13,263,259 
 
 21 
 
 I 13 
 
 22,9 
 
 I 14, 17 
 
 22 
 
 I 14 
 
 6 ■ 
 
 L 11 
 
 23 
 
 I 14 
 
 23 
 
 L 14 
 
Index. 
 
 1205 
 
 COUNCIL — Continued. sec. art, 
 
 rules 24 
 
 officers 24 
 
 fees 24 
 
 journal . 24 
 
 deliberations public 24 
 
 compensation to members 25,11 
 
 what ordinances noayor and council empow- 
 ered to pass 26 
 
 may pass ordinances as to appointments te 
 
 office 27 
 
 when mayor to appoint officers with consent of 27 
 
 appointment of register by 27 
 
 vacancies in office, how filled 27 
 
 salary of mayor ex-officio 2 
 
 penalty for absence from 7 
 
 ines, how collected 8 
 
 absence during session 9 
 
 adjournment 10 
 
 not to hold any other office 12 
 
 duty of clerks to 13 
 
 journal of 13 
 
 when clerks to be paid 13 
 
 clerks to endorse papers 14 
 
 to furnish proceedings to city printer 15 
 
 on what paper copy of journal to be printed 16 
 copy of journal to be signed by clerk and 
 
 president of each branch 17 
 
 to be delivered to register 17 
 
 journals, evidence of proceedings 17 
 
 clerks to engross ordinances and resolutions.. 18 
 register to have engrossed ordinances and res- 
 olutions bound and indexed 19 1 
 
 register t'> send copies of ordinances, &c., to 
 
 heads of city departments 20 
 
 to furnish ordinances and journals to State 
 Library, Baltimore Bar Library, and Pea- 
 body Institute 21 
 
 publication of ordinances, &c., in newspapers: 
 register to examine proofs of ordinances, 
 
 &c: index 22 
 
 when newspapers paid 23 
 
 duty of assistant clerk of the first branch 24 
 
 per diem sheet « 25 
 
 clerk of two branches la convention 26 
 
 RT. 
 
 PAOE 
 
 
 14 
 
 
 14 
 
 
 14 
 
 
 14 
 
 
 14 
 
 
 14,18 
 
 14 
 
 
 15 
 
 
 15 
 
 
 15 
 
 
 15 
 
 
 16 
 
 
 17 
 
 
 17 
 
 
 17 
 
 
 18 
 
 
 18 
 
 
 18 
 
 
 18 
 
 
 18 
 
 
 18 
 
 
 19 
 
 
 19 
 
 
 19 
 
 
 19 
 
 
 19 
 
 
 19 
 
 
 19 
 
 
 20 
 
 20 
 
 
 20 
 
 
 20 
 
 
 21 
 
 
 21 
 
 
 22 
 
1206 
 
 IlTOEI. 
 
 COUNCIL— Con/inwed!. sec. 
 
 weekly statements of appropriations 27 
 
 oath of members of 28 
 
 limitation on claims before 29 
 
 payments by register 30 
 
 joint standing committee on claims 31 
 
 fiscal year of corporation 32 
 
 when officers to make reports and returns to 33 
 
 expenditures and appropriations 34-37 
 
 confirmation of appointments 42 
 
 election for 21,26, 1-3 
 
 reports from comptroller to 2,4 
 
 reports from solicitor to 3 
 
 counselor and solicitor's duties to 1-9 
 
 when to sanction manufacture of composition 
 
 roofing in city: application to be published 55 
 
 soap and candle factories: application 59-60 
 
 mills for pulverizing charcoal 61 
 
 statement of expenses of health commissioner 
 
 to 10 
 
 to be convened when contagious disease in 
 
 city 130 
 
 visiting committee to marine hospital 153-154 
 
 to fill vacancies in ofiice of register 20 
 
 report to, from register 22, 25 
 
 to fill vacancies in school board 4, 6 
 
 report to, from superintendent of public in- 
 struction 11 
 
 report to, from school commissioners 14 
 
 report to, from sewer commissioners 17 
 
 report to, from finance commissioners 13 
 
 to be convened on death, &c. of city collector 32 
 
 report from Water Board to 3 
 
 see Reports 
 
 COUNSELOR— 
 
 appointment of. 1 
 
 duties of 2 
 
 solicitor to advise with 2 
 
 substitute 5 
 
 extra counsel 6 
 
 salary of 7 
 
 appeals 8 
 
 how writs to be endorsed 9 
 
 test of writs 8 
 
 actions for fines 1-10 
 
 opinion as to issuing stock 8 
 
 1 
 1 
 
 13 
 13 
 
 23 
 23 
 23 
 
 23 
 
 PAGB 
 
 22 
 
 22 
 
 23 
 
 23 
 
 23 
 
 23 
 
 23 
 
 24 
 
 60 
 
 259, 263, 264 
 
 158, 159 
 
 175 
 
 174-177 
 
 401 
 402 
 402 
 
 387 
 
 23 
 
 423 
 
 23 
 
 437 
 
 11 
 
 164 
 
 11 
 
 166 
 
 43 
 
 848, 849 
 
 43 
 
 851 
 
 43 
 
 852 
 
 44 
 
 874 
 
 46 
 
 908 
 
 49 
 
 1080 
 
 53 
 
 1130 
 
 13 
 
 174 
 
 13 
 
 174 
 
 13 
 
 175 
 
 13 
 
 176 
 
 13 
 
 176 
 
 13 
 
 176 
 
 13 
 
 176 
 
 13 
 
 177 
 
 14 
 
 186 
 
 19 
 
 270-275 
 
 46 
 
 905 
 
Index. 1207 
 
 COUNTY— SEC. ABT. PiQB 
 
 when Baltimore, formed, no^e 1 10 
 
 separation of Baltimore city from Baltimore, 
 
 note 1 9,10 
 
 wharf, decision, Tio^e 18 266 
 
 streets in Baltimore, no^e 47 993 
 
 COURTS— 
 
 assault and battery 14 88 
 
 Appeal Tax 1 49 1070 
 
 appeal under law regulating hacks 11-12 8 181 
 
 property, &c., deposited by coroner to order 
 
 of orphans' court 4,3 12 171,172 
 
 counselor and solicitor 1-9 13 174-177 
 
 Supreme Bench. 1-18 14 182-188 
 
 Orphans' Court 14-15 14 188-189 
 
 jurisdiction of 1 14 193 
 
 terms and rule days of. 3-18 14 193-200 
 
 court officers 61-67 14 212-214 
 
 pay of witnesses in 76 14 218 
 
 jurors in 1-24, 1-2 31 667-669 
 
 decisions as to jurors, no^ex 81 666-669 
 
 when dockets, &c. of justices, delivered to 
 
 clerk of City Court 99 14 228 
 
 salary of judges of 1 14 283 
 
 decisions on rule day law, no<e» 14 194-200 
 
 persons committed by, for fines, decision, no<e 14 207 
 
 decisions by City Court as to justices, &c. note 14 
 
 219-222,232-235 
 jurisdiction of City Court, in cases ot tenants 
 
 holding over, decisions, rto^e* 60 1099 
 
 equity judges' opinions 17 14 202 
 
 sheriff's attendance in 72 14 217 
 
 see Appeals 
 
 COURT OF COMMON PLEAS— 
 
 jurisdiction... 1-2 14 182-183 
 
 clerk of 11,12,61 14 186, 187,209 
 
 terms and return days of 3-4 14 193 
 
 officers of 26,61 14 192,212 
 
 night watchman of office of clerk of 66-67 14 213,214 
 
 stenographer to 68 14 214 
 
 commissions on licenses, &c., to clerk of, one 
 
 par cent, under 1876, c. 368, note 83 577 
 
 CRACKERS— 
 
 fire 10,46-47 19 282,299 
 
1208 
 
 Ikdez. 
 
 CRIMINAL COURT— 
 
 juris'iictioD 
 
 clerk of. 11, 1* 
 
 State's attorney 
 
 officers of 
 
 terms' 
 
 cases 
 
 commitmeuts and recognizances 
 
 witnesses to be recognized to 
 
 warden's duty 
 
 warden to bring prisoners before court 
 
 original commitment 
 
 costs 
 
 when capias to be re-ifsued : time within 
 which to be returned 
 
 fees 
 
 subpoenas for witnesses 
 
 fees 
 
 renewal of subpoenas 
 
 penalty on sberiflf. 
 
 Saturday court: no jury 
 
 when prosecutor to pay costs 
 
 bow costs recovered 
 
 prosecutor's name on indictment for misde- 
 meanor 
 
 judge or court to accept surrender by bail.... 
 
 children of convicts 
 
 fine on witnesses 
 
 when bail liable to attachment for contempt 
 
 to be commiitt,d till payment 
 
 fees to Slate's attorney in removed cases 
 
 assistant counsel 
 
 action of debt for fines in 
 
 jurisdiction over premises of State cattle scales 
 
 bond of warden to be recorded in 
 
 duty of warden as to prisoners: commitments 
 
 list of vagrants to be sent to, by warden 
 
 see Jail 
 
 see Vagrants 
 
 CROSS STREET MARKET— 
 
 limits of 
 
 clerk 
 
 bond 
 
 stalls 
 
 SEC. ART. 
 
 1,4,20 14 
 
 1, 67-58 14 
 
 19-24 14 
 
 25, 61 14 
 
 18 14 
 
 19 14 
 
 21 14 
 
 22 14 
 
 23 14 
 
 24 14 
 
 25 14 
 
 26 14 
 
 27 14 
 
 28 14 
 
 29 14 
 80 14 
 
 31 14 
 
 32 14 
 
 33 14 
 84 14 
 
 35 14 
 
 36 14 
 
 37 14 
 
 38 14 
 
 39 14 
 
 40 14 
 
 41 14 
 
 42 14 
 43,44 14 
 1, 3-6 19 
 
 54 28 
 
 16 29 . 
 
 19-20 29 
 
 36 29 
 
 29 
 
 62 
 
 90 
 91 
 92 
 
 35 
 36 
 35 
 36 
 
 PAQE 
 
 182.184,203 
 
 186,187,211 
 
 190-192 
 
 192, 212 
 
 202 
 
 203 
 
 203 
 
 203 
 
 203 
 
 204 
 
 204 
 
 204 
 
 204 
 204 
 205 
 205 
 206 
 205 
 206 
 206 
 206 
 
 206 
 206 
 206 
 206 
 206 
 207 
 207 
 207 
 270, 273 
 495 
 537 
 537 
 540 
 
 657 
 658 
 668 
 668 
 
Index. 
 
 1209 
 
 CURBSTONES— sec. abt. 
 
 see Streets and City Commissiouer 47 
 
 DANCING SALOONS— 
 
 Dot to be opened on Sunday 8 42 
 
 DEAD— 
 
 coroner's duty as to the 3 12 
 
 disposal of unrecognised bodies 74 28 
 
 morgue or dead house 1-4 12 
 
 DEAF AND DUMB— 
 education, &c. of 1-2,1-4 16 
 
 DEATHS— 
 
 and births, registration of 1-10 41 
 
 DEBT— 
 not to be created or credit given without au- 
 thority of legislature and approval of vo- 
 ters 7 1 
 
 as to police 7 1 
 
 renewal and extension of, created before con- 
 stitution 7 1 
 
 comptroller's duties as tc city 2-5 11 
 
 term "debt" in constitution, no<e» 14,19 
 
 DEEDS— 
 
 comptroller, keeper of title 67 1 
 
 recording of, by comptroller 67 1 
 
 examiner's duties as to 11-12 13 
 
 lecording of, by clerk of Superior Court 12 14 
 
 list of, furnished to Appeal Tax Court 7 49 
 
 DEFENDERS— 
 
 of city in 1814: annual appropriation, &c.... 1-4 24 
 
 DIRECTORS OF CITY— 
 
 in House of Refuge 1 26 
 
 in House of Reformation, &c., for colored 
 
 children 13 26 
 
 in Maryland Industrial School for girls 23 26 
 
 in St. Mary's Industrial School for boys 26 26 
 
 in Union Railroad Company 42 46 
 
 in Western Maryland Railroad Company 44 46 
 
 DISABLED— 
 
 firemen 25-26 20 
 
 840 
 
 
 171 
 
 
 406 
 
 172- 
 
 -173 
 
 243- 
 
 -246 
 
 834- 
 
 -837 
 
 6 
 6 
 
 7 
 158-160 
 220, 271 
 
 65 
 
 65 
 
 177-178 
 
 187 
 
 1073 
 
 442-448 
 
 455 
 
 459 
 463 
 464 
 950 
 
 968 
 
 291-292 
 
1210 Index. 
 
 DISPENSAKIES- sec. aet. .page 
 
 fines and penalties appropriated to 18,5 8,19 131,272 
 
 appropriations for furnishing medicine to 
 
 sick 17 25 451 
 
 to preserve virus, &c 127 23 423 
 
 DISTILLERIES— 
 
 erection of. 58 23 401 
 
 of spirits of turpentine or varnish, decision, 
 
 note 58 23 401 
 
 DISTRAINT— 
 
 by clerks of markets, for rent of stalls 6, 6 35 624, 630 
 
 for taxes 4, 38, 42 49 1060,1082,1084 
 
 DISTRICTS— 
 
 legislative 89 1 58 
 
 congressional, note 1 59 
 
 coroners' 2 12 171 
 
 of superintendents of chimney sweepers 1 9 148 
 
 of inspectors of steam boilers 59 28 497 
 
 of lamplighters 91 47 1025 
 
 fire 18 20 290 
 
 infected with yellow fever, &c 129 23 423 
 
 mayor to divide city into, for standard keepers 38 28 529 
 
 of street superintendents,. 107 23 417 
 
 DOCKS— 
 
 fire aboard vessels in 51 20 300 
 
 corporation lo have control of. 15 22 319 
 
 entitled to land made by improvements 16 22 320 
 
 obstructing passage in Smith's, &c 17 22 320 
 
 what term vessel to include 18 22 320 
 
 vacantplace 19 22 320 
 
 vessel obstructing passage, to make room 20 22 821 
 
 penalties, how recovered 21 22 821 
 
 duty of health commissioner as to 18 23 389 
 
 see Harbor, Docks and Wharves 22 
 
 DOGS— 
 
 cruelty to 1,6 15 240,241 
 
 not to go at large without licensed number... 19 83 684 
 
 amouut of license 20 33 684 
 
 persons may be appointed to destroy : de- 
 stroyed, how to be disposed of : compen- 
 sation 21 33 684 
 
Index. 
 
 1211 
 
 DOGS — Continued. sec. abt. 
 running at large during certain months: bow 
 
 disposed of 22 83 
 
 licensed; to be muzzled 28 83 
 
 penalty for removing a licensed collar or 
 
 muzzle 24 83 
 
 execution of ordinance 26 83 
 
 powers of mayor wben complaints are made 
 
 against troublesome 26 88 
 
 poisoned meat, &c., not to be thrown in 
 
 streets 27 88 
 
 appropriation 28 88 
 
 DOLAN CHILDREN'S AID SOCIETY— 
 incorporated, &c 80 52 
 
 DRAWBRIDGE— 
 
 keeper of 93 22 
 
 his duties 93 22 
 
 salary 94 22 
 
 penalty for opening, without consent of 
 
 keeper 95 22 
 
 DRAYS— 
 
 see Carriages, Horses, Boats and Scows 8 
 
 tjee Carts 
 
 DRUID HILL PARK— 
 see Parks 87 
 
 DRUID HILL PARK RAILWAY— 
 
 on North avenue, &c 117-118 40 
 
 on Madison avenue extended, note 40 
 
 DYEING ESTABLISHMENTS— 
 
 over lakes, dams, &c 15 53 
 
 DYNAMITE— 
 regulations as to 67-69 20 
 
 EARTHENWARE— 
 
 manufacture of.....'. 58 23 
 
 EASTERN CITY SPRING— 
 commissioners of 13 45 
 
 EDUCATION— 
 
 deed, devise, &c., of property to city for pur- 
 poses of 2 1 
 
 of deaf, dumb and blind 1-6 16 
 
 585 
 685 
 
 586 
 586 
 
 586 
 
 586 
 587 
 
 1116 
 
 365 
 366 
 366 
 
 366 
 
 773 
 773 
 
 1127 
 
 806-307 
 
 401 
 
 884 
 
 9 
 243-246 
 
ABT, 
 
 PAGE 
 
 84 
 
 692-618 
 
 43 
 
 859 
 
 43 
 
 
 
 4,10 
 
 17 
 
 265 
 
 
 6 
 
 
 13 
 
 
 18 
 
 
 13 
 
 
 13 
 
 
 184 
 
 
 186 
 
 
 188 
 
 
 189 
 
 
 190 
 
 
 191 
 
 
 248 
 
 
 248 
 
 1B12 Index. 
 
 EDU GATlOl^— Gontinued. sec. 
 
 McDonogh fund for 1-9 
 
 Peabody prizes, no^e 43 
 
 see Schools 
 
 ELECTIONS— 
 
 of mayor 1,4 
 
 decisions, note 
 
 of city council 3 
 
 for first branch 16 
 
 for second branch 17 
 
 qualificationsofelectorsof members of council 18 
 
 duties of judges of 20 
 
 of judges of supreme bench 5 
 
 of clerks of courts 11 
 
 of judges of orphan's court 14 
 
 of register of wills 15 
 
 of sheriff 18 
 
 of State's attorney ^ 19 
 
 redivision of wards into election precincts.... 1 
 precincts to be as nearly equal as practicable 1 
 numbered : numbers to be recorded and pub- 
 lished 2 17 248 
 
 votes to be received only in precinct where 
 
 voter resides 3 
 
 board of supervisors of elections 4 
 
 judges of election, noic 4 
 
 names of judges to be published 4 
 
 complaints to board 4 
 
 vacancies among judges 6 
 
 judges conservators of the peace 6 
 
 to preserve order and suppress riot 6 
 
 places of voting : barriers 7 
 
 power of judges to commit 8 
 
 power of sheriff and posse 8 
 
 penalty for refusing to obey summons of 
 
 judge 9 
 
 for refusing use of jail 10 
 
 reservation of powers to board of police 10 
 
 clerks 11 
 
 per diem of judges and clerks 11 
 
 what expenses paid by mayor and city coun- 
 cil 11 
 
 oath of judges and clerks 12 
 
 notice of places of election 13 
 
 17 
 
 249 
 
 17 
 
 249 
 
 17 
 
 249 
 
 17 
 
 250 
 
 17 
 
 251 
 
 17 
 
 251 
 
 17 
 
 251 
 
 17 
 
 251 
 
 17 
 
 251 
 
 17 
 
 252 
 
 17 
 
 252 
 
 17 
 
 253 
 
 17 
 
 253 
 
 17 
 
 263 
 
 17 
 
 254 
 
 17 
 
 254 
 
 17 
 
 254 
 
 17 
 
 254 
 
 17 
 
 256 
 
Index. 
 
 1213 
 
 ELECTIONS— Goniinued. sec. abt. 
 
 hours of voting 14 17 
 
 ballots 16 17 
 
 when drluking houses closed 16 17 
 
 judges to go before grand jury 17 17 
 
 grand jury, presentment, &c 18,19 17 
 
 penalty on judges failing to preserve peace... 20 17 
 
 sherifif to give notice of election 21 17 
 
 special elections, no^c 21 17 
 
 places of election : judges refusing legal or 
 
 allowing illegal votes : imprisonment 21 17 
 
 penalty for preventing legal or procuring 
 illegal voting: for voting illegally: repeat- 
 ing 22 17 
 
 penalty for conspiring to prevent legal or 
 procure illegal voting : for assaulting or 
 intimidating voters : for destroying ballots 
 or ballot-boxes : for violence to judges or 
 clerks: for resisting officers: for destroy- 
 ing naturalization papers 23 17 
 
 power to seize arms 24 17 
 
 powers of board of police saved 26 17 
 
 how provisions to apply to elections in Balti- 
 more: federal. State and municipal elec- 
 tions: board of police 26 17 
 
 want of notice not to invalidate election 27 17 
 
 returns by judges 1 17 
 
 penalty for illegal voting 2 17 
 
 vacancy in city council 8 17 
 
 fines and forfeitures 4 17 
 
 ELEVATOR RECEIPTS— 
 legal import of 100 28 
 
 EMIGRANTS— 
 
 see Immigrants 27 
 
 ENGINEERS— 
 
 and firemen of city hall 6 10 
 
 water 13 53 
 
 ENGINEMEN— 
 of fire department 5 20 
 
 EVIDENCE— 
 
 of ordinances and resolutions 12 1 
 
 commissions to city officers 28 1 
 
 PAGE 
 
 266 • 
 266 
 26(5 
 266 
 267, 258 
 258 
 268 
 269 
 
 269 
 
 260 
 
 261 
 262 
 262 
 
 263 
 263 
 
 264 
 264 
 264 
 265 
 
 599 
 
 156 
 1133 
 
 286 
 
 12 
 16 
 
1214 
 
 Index. 
 
 EVIDENCE— Continued. sec. art. 
 
 • of proceedings of council 17 1 
 
 seal of city 59 1 
 
 EXAMINER OF TITLES— 
 
 appointment, duties, salary 10-13 13 
 
 EXPENDITURES— 
 
 by city officers 34-37 1 
 
 FEES— 
 
 of superintendents of chimney sweeps 5 1 
 
 of register for seal 21 11 
 
 of State's attorney 21,42 14 
 
 collection of officers' 72-75 14 
 
 and nosts of justices and constables 100-104 14 
 
 decision, note 14 
 
 when justices not paid 88 14 
 
 costs at station-houses 95 14 
 
 of surveyor 5 48 
 
 see Inspections '. 28 
 
 see Salaries 
 
 see Costs 
 
 FELL'S POINT MARKET— 
 
 water not to be drawn from reservoir for 
 
 shipping purposes 52 35 
 
 limits of 93 35 
 
 stalls to be occupied every day of the week... 94 35 
 
 regulations 95 35 
 
 bond of clerk 96 35 
 
 rent of stalls and benches 97 35 
 
 FERRY— 
 
 Broadway and Locust Point steam 1-7 18 
 
 rights of, in county wharf, decision, note 18 
 
 FIFTH REGIMENT, M. N. G.— 
 
 to occupy hall over Richmond market, note... 35 
 
 exemption from jury service 24 31 
 
 decision, note 31 
 
 FILTH— 
 
 in basin 50-54 22 
 
 in stables 33 23 
 
 to be buried 84 23 
 
 not to be deposited on premises 36-87 23 
 
 not to be brought into city 38 23 
 
 PAGE 
 
 19 
 65 
 
 177-178 
 
 24 
 
 149 
 
 165 
 
 191,207 
 
 217 
 
 228-232 
 
 232-234 
 
 226 
 
 227 
 
 1054 
 
 644 
 658 
 ' 658 
 659 
 659 
 659 
 
 266-269 
 266 
 
 665 
 566 
 666 
 
 348-350 
 894 
 395 
 
 395-396 
 396 
 
Index. 
 
 1215 
 
 FILTH — Continued. beo, akt. 
 
 ■bone (dealers 39 23 
 
 in streets prohibited 101 23 
 
 removal of, from street?, &c 90-109 23 
 
 in market-houses 113,3 23,35 
 
 see Privies 28 
 
 FINANCE— 
 
 comptroller's duty as to accounts 2, 4, 13 11 
 
 fiscal concerns 8-5 11 
 
 fiscal year 82-35 1 
 
 commissioners of 8 46 
 
 department of 8-16 46 
 
 funding floating debt, &c 17-28 46 
 
 stocks 29-37 46 
 
 loans, endorsements, &c., by city 38-45 46 
 
 subscriptions authorized 46 
 
 see Appendix 46 
 
 FINES— 
 
 on members of council, and how collected... 7-10 1 
 
 on superintendents of chimney-sweepers 4 9 
 
 accoun ted for by j us tices of the peace 78,92,93 14 
 
 how collected under ordinances 1 19 
 
 rightofappeal 2 19 
 
 when suits in court to be tried 3 19 
 
 to whom payable 4 19 
 
 dispensaries 6 19 
 
 no security to bo taken for payment of, and 
 
 costs: person to be committed 6 19 
 
 city oflScers to commence suits before justices 1 19 
 
 suits: what officers to report to mayor 2 19 
 
 register to pay costs 8 19 
 
 mayor to make compensation : register to 
 
 pay: statement 4 19 
 
 mayor to take measures to recover money 
 
 from justices, &c 5 19 
 
 when informer to pay costs 6 19 
 
 informer not entitled to part of 7 19 
 
 superseded judgments of justices : copies to 
 
 be filed with register 8 19 
 
 when mayor may remit : list of remitted for 
 
 register 9 19 
 
 when to pay costs and jail charges 10 19 
 
 when persons committed for, to be dis- 
 charged 19 
 
 Page 
 
 896 
 
 415 
 
 413-418 
 
 419, 629 
 
 158, 159 
 
 158-160 
 
 23-24 
 
 907 
 907-910 
 910-914 
 914-922 
 922-978 
 
 979 
 1171 
 
 17-18 
 149 
 218, 226, 227 
 270 
 271 
 272 
 272 
 272 
 
 273 
 274 
 274 
 274 
 
 274 
 
 274 
 276 
 275 
 
 275 
 
 275 
 275 
 
 271 
 
1216 
 
 Index. 
 
 FINES — Continued. sec. ARr, page 
 
 public general laws as to 19 270-272 
 
 decisions, note 19 271-272 
 
 FIRE— 
 
 lamps attached to wooden buildings regulated 11 7 112 
 
 chimneys 1,6 9 147,149 
 
 forsmoking meat 15 9 152 
 
 places 16 9 152 
 
 city property destroyed by 4,6,7 11 159,160,161 
 
 men with apparatus, &c., to pass free over 
 
 ferry 7 18 269 
 
 department 1,1-28 20 278,285-293 
 
 see Appendix 20 1166 
 
 alarm telegraph 31-40 20 279-'82, 297-'8 
 
 inspector 2-9, 41-43 
 
 crackers, squibs, rockets, torpedoes, &c 10. 45-47 20 282, 299 
 
 lights in stables 44 20 298 
 
 ashes 48 20 299 
 
 hay and cut straw 49 20 299 
 
 aboard vessels 51 20 300 
 
 salvage corps 29-30 20 293 
 
 relief of disabled members of department 25 20 291 
 
 life insurance of firemen, &c 27-28 20 292-293 
 
 gunpowder and combustibles 11-12,52-58 20 282,300-304 
 
 inflammable oils 13-22 20 282-284 
 
 manufacture of oils 59 20 304 
 
 storage of oils, (fee 60-66 20 805-306 
 
 dynamite, nitro-glycerine, &c 67-69 20 306-307 
 
 shavings 70 20 307 
 
 alarm telegraph, use of by police 15 38 703 
 
 department, reward for arrest of persons in- 
 juring apparatus, «&c., of 1 38 709 
 
 when not to be made in streets 120 47 1034 
 
 FIREARMS— 
 
 firing prohibited 112 47 1032 
 
 carrying concealed 22 38 705 
 
 FIREMEN— 
 
 disabled 25-26 20 291-292 
 
 life insurance 27-28 20 292-293 
 
 FIRE CRACKERS— 
 
 prohibited 10, 45-47 20 282, 299 
 
 decision as to, 7»o<c 88 713 
 
\ 
 
 Index. 1217 
 
 FIRE PLUGS — SEC. art. page 
 
 obstructing 23 20 291 
 
 control, &c., of 20-22 20 291 
 
 see Water 58 
 
 FIREWOOD— 
 
 on wharves 44-46,64 22 326-327 354 
 
 on Bowly's wharf, 65 22 354 
 
 on Light street wharf. 69-72 22 856-357 
 
 measurer 101-105 28 509-511 
 
 wharfage on 21,23,57 22 341,842,351 
 
 notice from harbor-master to remove 22 22 341 
 
 landing 24 22 842 
 
 harbor-masters not to deal in 25 22 342 
 
 sales of, regulated 49 22 531 
 
 in streets, regulated 114 57 1032 
 
 FISCAL YEAR— 
 
 of the municipality 32-35 1 23-24 
 
 FISH— 
 
 to be placed under roof 50 23 398 
 
 FISHERMEN— 
 
 of what wharf to have exclusive use 78 22 869 
 
 FLAGSTONES— 
 
 and stepping-stones 37,81 47 1011,1023 
 
 see Streets and City Commissioner 47 
 
 FLYING-HORSE— 
 
 whirligigs, &c., prohibited 61 23 399 
 
 FOOTWAYS— 
 
 removal of ice and snow from 108,126-127 23,47 417, 1036-'38 
 
 decisions, note 47 1036 
 
 FOREIGN PASSENGERS— 
 
 see Immigrants 27 
 
 FORTUNE-TELLERS— 
 
 penalty against 8 88 709 
 
 when deemed vagabonds 2 52 1107 
 
 FOUNTAINS— 
 
 public 46 53 1144 
 
 FOWLS— 
 
 cruelty to • 2 16 242 
 
1218 
 
 Index. 
 
 FRAME SHEDS— sec. art. 
 
 permits for 26 7 
 
 privies and bath-houses 5 7 
 
 buildings 6 7 
 
 FUNERALS— 
 
 distance between vehicles. 23 8 
 
 riding or driving across 24 8 
 
 to pass free over ferry 7 18 
 
 GAMING— 
 
 statutes and decisions, note 21 
 
 penalty for fraudulent, and betting 1 21 
 
 penalty for, in ordinaries : liability of keepers 
 
 of ordinaries 2 41 
 
 penalty for keeping faro bank, ganaing tables, 
 
 &c 3 21 
 
 police to give information and suppress: 
 
 mode of proceeding : penalty for refusing 
 
 to open rooms to police 4 21 
 
 horse-racing prohibited 5 21 
 
 long bullets prohibited 6 21 
 
 on Sunday 3 42 
 
 GARBAGE— 
 
 removal of 91-106 23 
 
 carts and drivers 91-98 23 
 
 not to be thrown in harbor 50-64 22 
 
 GAS— 
 
 light companies not to discharge tar or dregs 
 
 into harbor 54 22 
 
 companies digging up streets 62 23 
 
 trenches made in streets by gas-light com- 
 panies 83 47 
 
 lamps and , 84-93 47 
 
 companies, decision, note 47 
 
 general superintendent of Inmps and inspector 
 
 and sealer of gas raeters,see Appendix 28 
 
 GAS, ILLUMINATING— 
 
 inspectorof appointed by city : gas company: 
 
 bond: oath 12 28 
 
 duties : report to mayor 13 28 
 
 quality of gas : illuminating power 14 28 
 
 defective gas... 15 28 
 
 apparatus 16 28 
 
 salary 17 28 
 
 PAGE 
 
 117 
 110 
 111 
 
 138 
 138 
 
 269 
 
 308-311 
 308 
 
 309 
 
 310 
 
 311 
 312 
 312 
 
 841 
 
 413-417 
 413-415 
 348, 350 
 
 350 
 
 1024 
 
 1024-1027 
 
 1026 
 
 1164-1166 
 
 530 
 520 
 521 
 521 
 522 
 622 
 
Index. 1219 
 
 GAS METERS- 
 apparatus for registering consumption of 
 
 S*s 1 28 480 
 
 amount of gas registered 2 28 480 
 
 certificate : wheu company to refund to con- 
 
 «"™er 3 28 480 
 
 test by inspector and sealer of 3 28 480 
 
 general superintendent of lamps and inspector 
 
 and sealer of, appointed by city : bond : 
 
 ^^^^ 2 28 617,1164-1)66 
 
 h'8 duties 3 28 517 
 
 apparatus 4 28 617 
 
 to inspect and prove: fee to inspector: 
 when fee to be returned: gas company: 
 
 two per cent.: appeal : referee 5 28 518 
 
 new meter to be inspected : penalty on gas 
 
 company: fine 6 28 618 
 
 to be sealed and stamped 7 28 619 
 
 used gas meters to be reinspected and stamped: 
 penalty on gas company ; notice from in- 
 spector 8 28 619 
 
 inspector to visit premises : instructions : fee 9 28 619 
 
 inspector's record : report to mayor : fees 10 28 519 
 
 counterfeiting or defocing eeal 11 28 520 
 
 GAUGER OF CASKS AND LIQUORS— 
 
 powers and duties 4-11 28 481-483 
 
 to conform to Baltimore standard 8 28 482 
 
 GERMAN NEWSPAPER— 
 city advertisements to be published in 22, 60, 97 1 22 20, 62, 307 
 
 GERMAN SOCIETY— 
 
 for help of immigrant*, Mo<e 27 472 
 
 GOATS— 
 cattle and swine going at large 138-141 47 1040-1041 
 
 GOODS, WARES, &c. 
 
 on streets, inspection of 116 47 1033 
 
 how far not to project : not to obstruct streets 116 47 1033 
 
 for sale in streets 117 47 1033 
 
 GOVERNOR— 
 
 to appoint auctioneers 9,39 6 93,104 
 
 coroner 1 12 170 
 
 justices of the peace 16, 17,77 14 189,190,218 
 
1220 
 
 Index. 
 
 GOYER:>!OTi— Continued. sec. art. page 
 
 duty as to deaf, dumb and blind 1-6 16 243-245 
 
 to appoint State wharfingers 22 22 321 
 
 vaccine agent 21 23 382 
 
 vaccine agent to report to 29 23 384 
 
 to appoint State inspectors of hay and strawl2, 26, 32 28 483, 486, 489 
 
 to appoint State inspectors of live stock 35 28 490 
 
 when, to appoint police commissioners 3 38 692 
 
 to appoint State inspectors of steam boilers, 58 28 496 
 
 to appoint weighers of grain 76 28 502 
 
 to appoint measurer of wood carts 101 28 509 
 
 when, to appoint collector of State taxes 27 49 1069 
 
 GRADES— 
 
 grading, paving, &c., streets 4-8, 28-61 47 987-988, 1008- 
 
 1019 
 
 GRAIN— 
 
 weighers of 76-99 28 502-509 
 
 elevator receipts for 100 28 509 
 
 GRAVES— 
 
 penalty for injuring 13 7 113 
 
 GUNS— 
 
 firing prohibited 112 47 1032 
 
 GUNPOWDER— 
 
 storage, &c., of 52-58 20 300-304 
 
 lauding from vessels : quantity, &c,, in city 
 
 regulated 53-55 20 302-303 
 
 GUNPOWDER RIVER— 
 
 supply of water from 69-73 53 1162-1154 
 
 stock., , 76 53 1157 
 
 GUTTERS— 
 
 to buildings 32 7 120 
 
 to be kept clean 31 23 394 
 
 not to be dug without permit from city com- 
 missioner 96 47 1027 
 
 water from, not to be thrown on streets 124 47 1036 
 
 see Streets and City Commissioner 47 
 
 HABEAS CORPUS— 
 
 jurisdiction in 3 14 184 
 
 HACKS— 
 
 hackney coaches, draymen, &c., to be li- 
 censed and regulated 1 8 127 
 
Index. 
 
 1221 
 
 HACKS — Continued. 8EC. art. 
 
 what a hackney coach 2 8 
 
 rates of fare 4 8 
 
 number to be placed on carriage : rates of fare 
 
 to be placed inside 5 8 
 
 charging higher rates, &c 6 8 
 
 refusing number : refusing to give correct 
 rates : misconveying or insulting passen- 
 gers 7 8 
 
 special licenses 8,10 8 
 
 fines, penalties, how recovered, &c 9, 11, 13 8 
 
 right of appeal 12 8 
 
 licenses, numbers and regulations 1-87 8 
 
 lien of livery stable keepers 14-16 8 
 
 buildings for livery, hiring or sale stables... 38-40 8 
 
 stands for 41-60 8 
 
 HANOVER MARKET— 
 
 limits of 98 35 
 
 bond of clerk 99 85 
 
 rent of stalls and benches in 100 36 
 
 what limits hucksters to keep 101 35 
 
 HARBOR— 
 
 deepening channel and 43-46,1,2 6,22 
 
 corporation to provide for preservation of 
 
 navigation in basin and Patapsco 1 32 
 
 throwing obstructions iu river, &c 2,3, 22 
 
 power to regulate mooring of vessels 4 22 
 
 power to survey, and river, and erect buoys. 5 22 
 
 to remove obstructions from : to levy tonnage 6 22 
 
 ordinances to protect wharves and 7 22 
 
 fines 8 22 
 
 limits of wharves 9,10 22 
 
 pay of harbor master from vessels 11-12 22 
 
 tonnage duty on lumber 13 22 
 
 harbor masters, &c. 14 22 
 
 harbor masters: their duties 19 22 
 
 return from sixth harbor master 20 22 
 
 rates of wharfage : lumber and fire wood 21 22 
 
 notice to remove lumber, &c 22 22 
 
 rates to be charged when lumber sixteen feet 
 
 from wharf front 23 22 
 
 persons landing lumber, &c 24 22 
 
 harbor master or deputy not to deal in wood 26 22 
 
 PAGE 
 
 128 
 128 
 
 129 
 129 
 
 129 
 130, 181 
 130, 181 
 
 181 
 132, 142 
 
 132 
 142-143 
 143-146 
 
 G59 
 659 
 660 
 660 
 
 105-106,333 
 
 317 
 317 
 817 
 317 
 818 
 818 
 318 
 318,319 
 319 
 819 
 819 
 840 
 840 
 841 
 841 
 
 842 
 842 
 842 
 
1222 Indbx. 
 
 HARBOR — Continued. sec. art. page 
 
 tonnageduty 26 22 342 
 
 penalty for refusing to exhibit license of ves- 
 sel 27 22 342 
 
 penalty for obstructing ingress or egress of 
 
 vessels 28 22 342 
 
 penalty for neglecting to pay wharfage 29 22 348 
 
 propellers, barges and canal boats to pay 
 
 tonnage 30 22 343 
 
 monthly returns to register : compensation.., 31 22 343 
 
 vessels lying at the public wharves 32 22 343 
 
 yards, &c., regulated 33 22 344 
 
 wharfage, how collected 34 22 344 
 
 harbor masters' books 35 22 844 
 
 fires on board vessels regulated ' 36 22 344 
 
 limits in which vessels may not remain at 
 
 anchor. '. 37 22 345 
 
 vessels not to enter public docks without per- 
 mission 38 22 345 
 
 public wharf on Pratt street 39 22 345 
 
 retailing goods prohibited on said wharf 40 22 346 
 
 retailing goods at public wharves regulated.. 41 22 34fi 
 what vessels not to enter dock without per- 
 mission 42 22 346 
 
 vessels not to lie in second tier without per- 
 mission 43 22 346 
 
 vessels to be pumped out once a week 44 22 346 
 
 notice of regulations to be served on masters 
 
 of vessels 45 22 347 
 
 vessels not to be hove down, nor wharves 
 
 obstructed, without permission 46 22 347 
 
 ballast not to be put on board without per- 
 mission 47 22 347 
 
 nor landed without permission 48 22 347 
 
 vessels in ballast to haul to a wharf 49 22 348 
 
 vessels in quarantine 49 22 348 
 
 ashes, shells, &c., not to be thrown in 50 22 348 
 
 duty of harbor masters and police 51 22 348 
 
 logs at private wharves, no/e 22 848 
 
 ballast, dirt, oyster shells thrown in harbor : 52 22 349 
 
 fish, crabs, gas tar, offal, &c 53 22 349 
 
 gas light companies not to discharge gas tar 
 
 or dregs 54 22 350 
 
 anchorage buoy : where vessels to anchor 65 22 360 
 
SEC. ART. 
 
 PAGE 
 
 56 22 
 
 360-351 
 
 22 
 
 329, 340 
 
 96 22 
 
 366 
 
 22 
 
 331-338 
 
 Index. 1223 
 
 RAHBOR— Continued. 
 vessels not to anchor in channels of harbor, 
 
 between Fort McHenry and Light street 
 
 wharf 
 
 ice boat, note 
 
 bathing in 
 
 basin nuisance and cleansing, note 
 
 see Docks, Wharves, Wharfage, Wharfinger, 
 
 Arks and Lumber. 
 
 HARBOR BOARD— 
 appointment of : of whom to consist: terms 
 
 of oflBce : president and quorum 1 22 332 
 
 moneys received from auction duties 2 22 833 
 
 work in harbor aud channel 3,5 22 334,335 
 
 obstructions to vessels 4 22 334 
 
 meetings of board 6 22 335 
 
 report from 7 22 335 
 
 not to be interested in contracts 8 22 336 
 
 appointment of engineer, clerk and super- 
 visors of dredges, &c 9,10 22 836,837 
 
 property of late port warden's department... 11 22 337 
 
 vessels sunk in harbor 12 22 337 
 
 encroachments on harbor 13 22 338 
 
 building or repairing wharves : private 
 
 wharves 14 22 338 
 
 repairing below high water mark 16 22 339 
 
 dirt, stones, &c., thrown in basin, &c 16 22 339 
 
 exclusive control of 17 22 839 
 
 appropriations 17 22 339 
 
 sediment at mouths of sewers 18 22 339 
 
 HARBOR MASTERS— 
 
 pay to, from vessels 11-12 22 319 
 
 how appointed 14 22 819 
 
 their duties 19-20 22 341-342 
 
 see Harbor 
 
 HARBOR AND RIVER RELIEF BOARD— 
 
 incorporated 47 22 327 
 
 duty of board: vessel to keep harbor free 
 
 from ice 48 22 327 
 
 superintendent and officers, &c., of vessel: 
 
 how vessel to be employed 49 22 327 
 
1224 
 
 Index. 
 
 HARBOR AND RIVER RELIEF BOARD -Continued. 
 
 SBC. ART. PAGE 
 
 annual statemeuts of receipts and expendi- 
 tures : reports to legislature and mayor 
 and council: what to be paid into treasury, 
 
 &c 50 22 328 
 
 requisitions for money upon State comptrol- 
 ler and register : use of city wharf prop- 
 erty 61 22 328-329 
 
 powers of board 52 22 330 
 
 members to receive no salary, &c : oath 53 22 331 
 
 ice boat, note ... 22 329, 340 
 
 HARMAN'S BRIDGE— 92,22,47 363,993 
 
 HAY— 
 
 where to be kept.. 49-50 20 299 
 
 HAY AND STRAW— 
 
 inspection of. 12-34 28 483-489 
 
 sale of, regulated 18 28 622 
 
 weight of 14,19 28 483,514 
 
 HEALTH— 
 
 corporation to pass ordinances to preserve 
 
 health of city, remove nuisances, &c 1 23 376 
 
 nuisances 2-7 23 376-378 
 
 chemical laboratories 8 23 378 
 
 pharmacists 9-19 23 378-382 
 
 small pox 20-29,119-130 23 382-384,421- 
 
 424 
 
 altering grade of streets for 30 23 385 
 
 dirt and filth in streets 31 23 385 
 
 board of health 1-13 23 385-388 
 
 commissioners to inspect streets, &c 14 23 388 
 
 to examine lots, &c.: notice to owners to re- 
 move nuisance : neglect, &c 15 23 888 
 
 nuisances, when to be removed at expense of 
 
 city 16 23 889 
 
 when commissioner may enter on premises... 17 28 889 
 
 his duty as to docks, &c. : notice to be given 18 28 889 
 
 draining low grounds 19 28 890 
 
 power to enter on lots causing nuisances: 
 
 neglect to remove nuisances 20 23 890 
 
 notice when no owner can be found 21 23 890 
 
 public notice to be given when owner does 
 
 not reside iu city 22 23 891 
 
Index. 1225 
 
 UEALTE— Continued. sec. akt. page 
 
 expenses and penalty to become a lien on 
 
 property 23 23 391 
 
 proceedings when property belongs to per- 
 sons residing out of State 
 
 persons in possession to be deemed owners... 
 
 powers as to hydrants, &c 
 
 persons refusing to obey shall pay expenses.. 
 
 cellars, &c., to be filled 
 
 frame buildings to be raised up ;. 
 
 lumber and wood yards regulated 
 
 gutters to be kept clean 
 
 nauseus liquors not to be thrown in streets, 
 
 decision, note , 
 
 filthy stables 
 
 carion,&c,, to be buried 
 
 manure not to be deposited within certain 
 
 limits 
 
 persons not to deposit filth on premises 
 
 removal 
 
 filth outside city limits .* 
 
 bone dealers , 
 
 when oyster shells dumpable within city 
 
 limits 
 
 removal of oyster shells within city limits.... 
 
 when hawking oysters prohibited 
 
 unlawful to erect lime kilns 
 
 ground within city limits not to be used for 
 
 ice ponds or skating rinks 44 23 897 
 
 horses not to be driven or ridden into Jones' 
 
 Falls 47 23 898 
 
 adulterating milk 48 23 398 
 
 milk from diseased cows 48 23 398 
 
 slop carts across streets 49 23 898 
 
 fish to be placed under roof. 50 23 398 
 
 flying horses, &c., prohibited 51 23 399 
 
 digging up streets by gas companies, railroad 
 
 companies, &c 52 23 399 
 
 unpaved private alleys 53 28 399 
 
 chemical preparations for roofing, or other 
 
 purposes, prohibited within city limits 54 23 400 
 
 composition roofing: sanction of mayor and 
 
 city council : application to be published.. 55 23 400 
 
 manufacture of copal varnish prohibited : 
 
 boiling, &c., bones ..,., 56-57 23 401 
 
 24 
 
 23 
 
 391 
 
 25 
 
 28 
 
 892 
 
 26 
 
 28 
 
 892 
 
 27 
 
 28 
 
 ■ 392 
 
 28 
 
 23 • 
 
 398 
 
 29 
 
 23 
 
 893 
 
 30 
 
 23 
 
 893 
 
 31 
 
 23 
 
 394 
 
 32 
 
 23 
 
 894 
 
 33 
 
 23 
 
 894 
 
 84 
 
 23 
 
 896 
 
 35 
 
 28 
 
 896 
 
 86 
 
 88 
 
 896 
 
 87 
 
 38 
 
 895 
 
 38 
 
 28 
 
 896 
 
 39 
 
 23 
 
 896 
 
 40 
 
 23 
 
 896 
 
 41 
 
 23 
 
 396 
 
 42 
 
 28 
 
 897 
 
 48 
 
 23 
 
 897 
 
1226 Index. 
 
 HEALTH — Continued. 8ec. art. faok 
 
 erecting or rebuilding distilleries, &c., within 
 
 limits of city, decision, «oie 58 23 401 
 
 using buildings as soap or candle factories 
 
 within city limits without permission 59 23 402 
 
 . applications for same to be published 60 23 402 
 
 mills used for pulverizing charcoal not to be 
 
 erected without permission 61 23 402 
 
 erecting paint factories without certain writ- 
 ten consent 62 23 402 
 
 manufacturing oil of vitriol, &c 63 23 408 
 
 cotton wadding, &c., not to be made within 
 
 direct taxation 64 23 408 
 
 brick kilns, &c., regulated 65 23 408 
 
 daughter-house nuisance: health commis- 
 sioner to report to mayor 66 23 404 
 
 duty of mayor : notice .' 67 23 404 
 
 slaughter-houses and hide-houses within city 
 
 limits 68 23 404 
 
 penalty for keeping hogs in stys, yards, &c.; 
 
 pork butchers or packers 69 23 405 
 
 victuallers to keep hogs: permit 70 23 406 
 
 health commissioner to visit premises: permit 71 23 406 
 
 penalty for keeping hogs without permit 72 23 * 406 
 
 Potter's fields regulated : penalty, decision, 
 
 note 73 23 406 
 
 dead bodies not recognized : how disposed of 74 23 406 
 
 privies 75-90 23 407-412 
 
 removal of garbage, manure and refuse 91-106 28 413-417 
 
 superintendents of streets 107-118 28 417-421 
 
 quarantine and marine hospital... 131-154 23 424-441 
 
 duty of health commissioner as to registration 
 
 of births and deaths 1-10 41 834-837 
 
 HEALTH COMMISSIONER— 
 
 board of health appointed : duties prescribed 1 23 885 
 
 salaries 2 23 385 
 
 meetings of board : record of proceedings 3 23 285 
 
 cojnmissioner of health to enforce ordinances: 
 
 to decide appeals 4 23 886 
 
 duties of commissioner 5 23 886 
 
 assistant commissioner 6 23 886 
 
 marine hospital physician to attend meetings 
 
 ofboard ^ 7 23 386 
 
 police officers to execute orders 8 23 887 
 
Indbx. 1327 
 
 HEALTH COMMISSIONER— Cbn^inwgrf. bkc. art. page 
 preservation of the public health: informa- 
 tion as to health of city 9 23 887 
 
 expenses of the board, how defrayed : annual 
 
 statement 10 23 » 387 
 
 penalty for obstructing the board 11 23 387 
 
 penalty for refusing to obey orders of board 12 28 888 
 
 contracts, how made 13 28 388 
 
 see Health, Streets, Quarantine. 
 
 HEBREW ORPHAN ASYLUM— 
 
 objects and powers 31-32 62 1116-1117 
 
 HENRY WATSON CHILDREN'S AID SOCIETY— 
 
 objects and powers 26 52 1114 
 
 HIDES— 
 
 damaged, not to be brought into city 137 28 429 
 
 HIDE-HOUSES— 
 
 not to be erected within city limits 68 23 404 
 
 HIGHWAYS AND BRIDGES— 
 
 tax for 18-14 49 1065 
 
 HITCHING-POSTS— 
 on streets 121 47 1035 
 
 HOGS— 
 
 cattle or sheep, driving through streets 131-137 47 1039-1040 
 
 cattle and goats not to run at large 188-141 49 1041 
 
 pens, over lakes, &c 15 49 1127 
 
 keeping 69-72 23 404-406 
 
 see Swine. 
 
 HOGSHEADS— 
 in streets regulated 115 47 1038 
 
 HOISTWAYS— 
 
 protection of lives of firemen from 37-39 7 122 
 
 HOLIDAY— 
 municipal 1 24 442 
 
 HOLLINS STREET MARKET— 
 
 limits of. 102 36 660 
 
 bond of clerk 103 35 660 
 
 stalls in , 104 35 661 
 
 HOME OF THE FRIENDLESS— 
 powers^ &c., of. 20-25 52 1112-1114 
 
12^8 Index. 
 
 HORSES — SEC. ART. PAGE 
 
 cruelty to 2-4 15 240-241 
 
 of street superintendents..., 91,93, 109 23 413,414,418 
 
 when racing prohibited 6 31 312 
 
 sale of, at auction 14,27 6 95,98 
 
 sale of, at Centre Market * 81 35 655 
 
 in markets regulated 46,48 85 642,643 
 
 driven through streets on Sunday 1 42 841 
 
 not to be shod in streets 120 47 1034 
 
 not to be driven or ridden into Jones' Falls... 47 23 398 
 horses, carti?, &c., not to occupy certain 
 
 streets 44 8 144 
 
 what carts, &c., excepted. 45 8 144 
 
 conditions 46 8 145 
 
 carts, &c., not used to sell from, to be re- 
 moved 47 8 145 
 
 stands 41-50 8 143-146 
 
 see Carriages and Horses. 
 
 HOSPITALS— 
 
 city may erect, or pest-houses 1 25 445 
 
 marine 131 23 424 
 
 persons with contagious diseases sent to ma- 
 rine 136 23 429 
 
 Maryland 2-3,6 25 445-446,448 
 
 insane asylums 1-3, 6-10 25 446, 448-450 
 
 Johns Hopkins, no<e, act of 1874, c. 291 25 447 
 
 within limits of direct taxation , 4-5 25 446-447 
 
 of Washington University and University of 
 
 Maryland 11-16 25 450-451 
 
 what indigent sick sent to 11 25 460 
 
 appropriations for 17 26 451-462 
 
 acts relating to hospitals and asylums, note.. 25 462-453 
 
 decision, note 25 445 
 
 see Vagrants 62 
 
 HOUSES— 
 
 seeBuildings 7 108-125 
 
 numbering 22 7 116 
 
 permits for bay windows, &c 26 7 117 
 
 spouting and gutters to 32 7 120 
 
 awnings to 84-35 7 121 
 
 party walls and partition fences 41-45 7 123-126 
 
 chimneys to and fire-places in 1-18 9 147-163 
 
 prevention of ire in 44,49 20 298,299 
 
Index. 
 
 1229 
 
 HOUSES — Continued. sec. art, 
 part of, taken by commissioners for opening 
 
 streets 7 47 
 
 permits from Appeal Tax Court to erect 22-27 49 
 
 vacant, to be properly secured 42 20 
 
 notice to owners of, from fire inspector 42 20 
 
 reward for arrest of person setting fire to 43 20 
 
 gunpowder in '. 55 20 
 
 use of streets by builders of. 14-15 7 
 
 slate and other roofs 16 7 
 
 steps, porches and porticos to 17 7 
 
 decisions, note .• 7 
 
 HOUSEKEEPERS— 
 
 duties of, as to offal, coal and ashes 92 23 
 
 notice from assistant health commissioner.... 92 28 
 
 ..HOUSE OF THE GOOD SHEPHERD— 
 
 powers 28-36 26 
 
 see Vagrants .• 52 
 
 lOUSE OF REFORMATION— 
 
 and instruction for colored children 13-22 26 
 
 see Vagrants 52 
 
 lOUSE OF REFUGE— 
 
 white male children 1-12 26 
 
 see Vagrants 52 
 
 ^HYDRANTS— 
 
 power of board of health as to 26 23 
 
 see Water 58 
 
 ICE— 
 
 ponds and skating rinks prohibited.. 44 28 
 
 what, and snow to be cleared away by street 
 
 superintendents 108 23 
 
 to be sold by weight ^ 50 28 
 
 standard weight 51 28 
 
 from roofs 16 7 
 
 removal of, from footways, &c 108,125-127 23,47 
 
 and snow in streets, salt not to be used to 
 
 melt 126 47 
 
 decisions as to liability of city, note 47 
 
 ICE-BOATS— 
 
 authorized , 22 
 
 PAGE 
 
 996-998 
 1077-1078 
 298 
 298 
 298 
 303 
 
 113-114 
 114 
 114 
 125 
 
 413 
 413 
 
 465-468 
 
 459-468 
 
 456-459 
 
 392 
 
 397 
 
 417 
 532 
 532 
 114 
 
 417, 1036- 
 1037 
 
 1038 
 1036 
 
 327, 340 
 
1230 Index. 
 
 ILLUMINATING OILS— sec. art. 
 
 inspection of oils or fluids fronn petroleum... 13-14 20 
 
 manufacture of 69 20 
 
 storageof 60-66 20 
 
 fire test 15 20 
 
 barrels to bear name, &c., of manufacturer : 
 
 warrant 16-17 20 
 
 when purcliaser may recover 18 20 
 
 accident from explosion: prosecution of 
 
 seller 19 20 
 
 when inspectorto decide as to quality of oil, 
 
 &c 20 20 
 
 false report by inspector of fire test of oil : 
 
 penalty 21 20 
 
 to what, law not applicable 22 20 
 
 IMMIGRANTS— 
 
 commanders of vessels to report age and oc- 
 cupation of immigrants to mayor or register 1 27 
 to give bond to indemnify city, from support 
 
 of 2 27 
 
 amount and security of bond. 3 27 
 
 stock may be pledged or money deposited 
 
 in lieu of bond 4 27 
 
 approval by mayor 5 27 
 
 commander may commute for bond 6 27 
 
 landing passenger out of city 7 27 
 
 penalties and forfeitures, how recovered 8 27 
 
 mayor may compound for or remit 9 27 
 
 commutation money : how distributed 10 27 
 
 fines : how distributed 11 27 
 
 compensation of register 12 27 
 
 persons excepted 18 27 
 
 societies for aid of, note 27 
 
 presidents of societies, visitors to marine hos- 
 pital 163 28 
 
 INDECENT EXHIBITIONS— 
 
 penalty for 1 51 
 
 INDUSTRIAL SCHOOL— 
 
 for girls, 23-24 26 
 
 INFECTED DISTRICTS— 
 
 to be fenced in, &c 129 23 
 
 mayor to convene couacil 180 23 
 
Index. 
 
 1231 
 
 INFORMER— SEC. art. 
 not entitled to part of fine or penalty under 
 
 ordinances 7 19 
 
 when liable for costs 6 I9 
 
 rights of. 4 19 
 
 one-half of fines to, under Public General 
 
 Law. 19 
 
 INJUNCTION— 
 
 bonds executed by mayor 3 1 
 
 INNOCULATION— 
 
 prohibited 128 23 
 
 INQUESTS— 
 
 coroner's 3 12 
 
 INSOLVENTS— 
 
 jurisdiction over, decision, note 2 14 
 
 when released from fines, note 19 
 
 INSPECTIONS— 
 
 ofbuildings 20-45 7 
 
 fire 2-9, 41-43 20 
 
 oils 13-22 23 
 
 what acts relating to, repealed 28 
 
 gas meters 1-3 28 
 
 casks and liquors 4-11 28 
 
 hay and straw 12-34 28 
 
 livestock 35-54 28 
 
 manure 55 28 
 
 oysters 56-57 28 
 
 steam boilers 58-75 28 
 
 weighers of grain 76-100 28 
 
 measurement of wood carts 101-105 28 
 
 city 106 28 
 
 gas meters 2-11 28 
 
 illuminating gas 12-17 28 
 
 hay and straw 18 28 
 
 reports of city inspectors 19 28 
 
 of goods on streets 20,116 28,47 
 
 see Weights and Measures. 
 
 INSTITUTE MARKET— 
 
 wagons outside 84 25 
 
 keeper to market-house under Institute: 
 
 duties,&c 85-86 25 
 
 market doors 87 35 
 
 tlefacing, ice, Maryland Institute building : 88 85 
 
 279-: 
 
 PAOE 
 
 276 
 276 
 275 
 
 271 
 
 16 
 
 423 
 
 171 
 
 182, 183 
 272 
 
 115-126 
 282, 297- 
 
 298 
 282-284 
 
 616 
 
 480 
 481-483 
 483-489 
 490-495 
 
 495 
 495-498 
 496-502 
 502-509 
 509-511 
 
 512 
 517-520 
 520-522 
 
 522 
 
 523 
 523, 1033 
 
 666 
 
 656 
 
 656-667 
 
 667 
 
1232 
 
 Index. 
 
 INSURANCE— SEC. art. 
 
 of city property 4,6,7 11 
 
 of lives of firemen, &c., of fire department... 27-28 20 
 
 companies to appoint fire inspector 41 20 
 
 INTERNAL IMPROVEMENTS— 
 
 how, may be authorized 7 1 
 
 see Stocks, Loans and Finance 46 
 
 IRON— 
 
 sale of manufactured 47 6 
 
 IVORY BLACK— 
 
 manufacture of. 68 23 
 
 JAIL— 
 
 warden's duties as to commitments 23-26 14 
 
 charges, when paid by register 10 19 
 
 mayor and council to appoint visitors : their 
 powers and duties: ordinance to be passed: 
 
 efiect of same 1 29 
 
 title to property : powers and privileges 2 29 
 
 oath of visitors 3 29 
 
 quorum 4 29 
 
 president and secretary 5 29 
 
 duties 6 29 
 
 times of meeting 7 29 
 
 power to make by-laws and visit jail 8 29 
 
 to provide for prisoners and repair jail.. 9 29 
 
 to keep convicts separate from persons await- 
 ing trial : labor 10 29 
 
 to require vagrants to work 11 29 
 
 may employ and pay others by consent 12 29 
 
 to keep accounts of expenses 13 29 
 
 warden 14 29 
 
 pay and fees of warden : appeal 15 29 
 
 bond of warden 16 29 
 
 oath 17 29 
 
 visitors to prescribe number of assistants: 
 
 warden to appoint and remove 18 29 
 
 commitments to be directed to warden 19 29 
 
 to conduct prisoners to and from court 20 29 
 
 to account for all jail fees 21 29 
 
 his compensation 22 29 
 
 may be removed by visitors 23 29 
 
 visitors to report annually to mayor and 
 
 city council expenses of. 24 29 
 
 PAGE 
 
 159, 160, 161 
 
 292-293 
 
 297 
 
 6 
 
 106 
 
 408 
 
 203-204 
 275: 
 
 534, 541 
 534 
 534 
 535 
 535 
 535 
 535 
 635 
 535 
 
 636 
 536 
 536 
 536 
 536 
 636 
 537 
 537 
 
 537 
 637 
 537 
 638 
 538 
 538 
 
 538 
 
Indbz. 
 
 1233 
 
 JAIL — Continued. sec. art. page 
 warden not to sell liquors, and penalty for 
 
 so doing 25 29 538 
 
 no liquors to be brought into jail 26 29 638 
 
 no persons except attorneys, &c., to visit 
 
 prisoners 27 29 539 
 
 penalty against warden for bringing liquor 
 
 into jail 28 29 639 
 
 penalty against assistants, &c., for bringing 
 
 liquor into jail, or admitting unauthorized 
 
 persons 29 29 539 
 
 labor 30 29 539 
 
 prisoners to be kept on prison fare 81 29 539 
 
 who to visit condemned persons 32 29 540 
 
 persons under sentence of death, how not to 
 
 betreated 38 29 640 
 
 convicts to be kept at hard labor 84 29 540 
 
 to be kept separate from persons awaiting 
 
 trial, &c 35 29 640 
 
 warden to send list of vagrants to Criminal 
 
 Court : justices' costs ", 36 29 540 
 
 stock 34 46 919 
 
 building, &c., no/« 29 541 
 
 persons committed to, for fines, when dis- 
 charged, no^e 29 271 
 
 JANITOR— 
 
 of Orphans' Court 8 14 238 
 
 of offices in Masonic hall 9 14 238 
 
 JOHNS HOPKINS HOSPITAL— 
 
 act of 1874, c. 291 25 447 
 
 statue to be erected, no^e 26 447 
 
 Johns Hopkins University, act, &c 43 847 
 
 JONES' FALLS— 
 
 landing lumber on 24 22 342 
 
 bathing in 96 22 366 
 
 driving or riding horses, (fee, into 47 23 398 
 
 privies not to be erected on 84 23 410 
 
 improvement, &c., of. 1-7, 1-10 30 543-546,548- 
 
 553 
 
 decision, nofe 80 554 
 
 stock 8-10,11-12 30 546-547,553 
 
 ordinances repealed, no<e 30 553 
 
 owners of property on 11 30 548 
 
1234 Index. 
 
 JONES' FALLS — Continued. sec. art. page 
 
 building, repairing, &c., walls 13 30 554 
 
 refusal or neglect: duty of city commissioner; 
 
 cost, a lien 14 30 555-556 
 
 overflow of : duty of city commissiorier : 
 
 register to pay 10 30 653 
 
 see Appendix 30 11G7-1168 
 
 JUDGMENTS— 
 
 supersedeas of, when not taken by justices... 98 14 228 
 
 under act of '64, c. 6, decisions, notes 14 194-200 
 
 JURIES— 
 
 coroner's 3 12 171 
 
 in Circuit Court, decision, noie 16 14 201 
 
 grand 26, 36, 21 14. 81 204, 206, 565 
 
 decision, note 31 558 
 
 when none on Saturday in Criminal Court... 38 14 205 
 
 grand, in matter of elections 17-19 17 256-268 
 
 judges of Supreme Bench to select list of 
 
 jurors, and when : number list to contain.. 1 31 558 
 
 collector to file with clerk of Superior Court 
 list of taxable males : pay of collector for 
 
 so doing 2 31 558 
 
 what clerks of ceurts to do after list is pre- 
 pared : sheriff or his deputies to attend : 
 
 their duties 3 31 559 
 
 penalty for frauds relating to drawing 4 31 559 
 
 sheriff to summon twenty-three men as grand 
 
 jurors 5 81 560 
 
 twenty-five first in order on list to serve in 
 
 Superior Court 6 31 560 
 
 CityCourt 7 31 560 
 
 Court of Common Pleas 8 31 560 
 
 Criminal Court 9 31 561 
 
 names drawn to be entered into books: books 
 to be certified, by judges, and called jury 
 
 books 10 31 561 
 
 where books to be deposited : sheriff to sum- 
 mon juries drawn for each court 11 31 561 
 
 duty of sheriff when juror drawn disc[ualified 12 31 561 
 petit jurors, how long to serve : how and for 
 what to be excused: penalty for non- 
 attendance 13 31 562 
 
 summoning talesmen : duty of sherifif 14 31 562 
 
Index. I235 
 
 JURIES — Continued. sec. art. page 
 
 when talesmen to be summoned from regular 
 
 panels of other courts : in such case, so 
 
 noauy regular panels to be exchanged : how 
 
 long exchange to continue 15 31 563 
 
 jury lists, how revised and kept up: juror 
 
 exempt for two years after service 
 
 special juries to be summoned from jury lists 
 
 penalty on sheriff. 
 
 any two judges may act 
 
 State's attorn «y may challenge any five 
 
 jurors peremptorily 
 
 grand jury to visit jail 
 
 provisions construed as directory : neglectful 
 
 officers 
 
 pay of jurors 
 
 when members of militia companies exempt 
 
 from jury service 
 
 decision as to, note ^ 
 
 decision on motion for new trial, on account 
 
 of juror being under 26, note 
 
 clerks of courts to furnish names of jurors to 
 
 register 
 
 certificate to be presented to register : regis- 
 ter to pay amount 
 
 list of licenses returned by sheriff to grand 
 
 jury 
 
 orders received in payment of taxes 
 
 see Tenants for Years 
 
 JURISDICTION— 
 
 of justices, decisions, no<c« 
 
 of courts, decisions, notes 
 
 JUSTICES OF THE PEACE — 
 
 mayor may act as , 8 1 11 
 
 to issue subpoenas, &c., for arbitration com- 
 mittee of Baltimore Corn and Flour Ex- 
 change 
 
 proceeding in liens of livery stable keepers... 
 
 affidavit before, to pay rolls 
 
 governor to appoint 16, 17, 
 
 term of office • 
 
 mandamus against, for removal of case, &c., 
 decisions, notes 14 220-222 
 
 16 
 
 81 
 
 563 
 
 17 
 
 31 
 
 664 
 
 18 
 
 31 
 
 664 
 
 19 
 
 31 
 
 564 
 
 20 
 
 31 
 
 565 
 
 21 
 
 31 
 
 565 
 
 22 
 
 81 
 
 666 
 
 23 
 
 31 
 
 565 
 
 24 
 
 31 
 
 566 
 
 
 31 
 
 566 
 
 
 31 
 
 567 
 
 1 
 
 31 
 
 567 
 
 2 
 
 31 
 
 568 
 
 11 
 
 33 
 
 678 
 
 43 
 
 49 
 60 
 
 1084 
 
 
 14 
 
 219, 234 
 
 
 14 
 
 182, 186 
 
 6 
 
 3 
 
 81 
 
 16 
 
 8 
 
 132 
 
 4 
 
 11 
 
 160 
 
 77 
 
 14 
 
 189, 190, 218 
 
 16 
 
 14 
 
 189 
 
1236 . Inpex. 
 
 JUSTICES OF THE VE ACE— Continued. sec. art. page 
 
 appointment and removal of. 16, 17, 77 14 189, 190, 218 
 
 jurisdiction, decisions, «oies • 16 11 189,219,234 
 
 vacancies 17 14 190 
 
 number of. 77 14 218 
 
 bonds 78 14 218 
 
 office hours of 79 14 219 
 
 not to issue writ but on application of plain- 
 tiff or attorney 80 14 219 
 
 before whom summons may be made return- 
 able and case tried 81 14 219 
 
 pay when called from office 82 14 221 
 
 where to keep his office 83 14 222 
 
 station-houses : hours of service 84 14 222 
 
 change of station-houses 85 14 223 
 
 salary of station-house justic^s 86 14 223 
 
 certificate of police commissioners : fees, &c., 86 14 224 
 when station-house justices appointed tempo- 
 rarily by police commissioners : per diem, 87 14 224 
 
 not to be paid fees by city = 88 14 226 
 
 writs, how served 89 14 225 
 
 State writs or summons, how made returna- 
 ble 90 14 225 
 
 before whom persons arrested on criminal 
 
 charges, &c., taken 91 14 226 
 
 statement of accounts of State and city fines, 92-93 14 226 
 
 affidavit of justice as to accounts 94 14 227 
 
 how costs accounted for 95 14 227 
 
 when justice to be removed : no deputy in 
 
 serving writ 97 14 228 
 
 supersedeas, when not taken by justices 98 14 228 
 
 papers, &c., of deceased justice 99 14 228 
 
 fees of 100 14 228-230 
 
 costs 103-104 14 231-232 
 
 appeals from 2,8,10,16 14 183,186,189 
 
 in criminal cases 21-22 14 203 
 
 when persons committed for fines by, to be 
 
 discharged, noie 19 271 
 
 recovery of fines, penalties and forfeitures... 1,1-8 19 270,274-276 
 
 appeal 2 19 271 
 
 disputes as to property saved from fire 7 20 281 
 
 costs for warrant, commitment, &c., for va- 
 grant 16 62 1110 
 
 warrant from, for police to enter gambling 
 
 houses 4 21 811 
 
Index. 
 
 1237 
 
 JUSTICES OF THE ?E AGE— Continued. sec. art. page 
 
 warrant from, to search for gunpowder 67 20 305 
 
 returns to State treasurer from, of fines for 
 landing wood and lumber on Pratt street 
 
 wharf, &c 41 22 325 
 
 ejection of tenants, decisions, no<M 50 1099-1103 
 
 Bee Tenants for Years 50 
 
 see Vagrants 52 
 
 KITCHEN— 
 
 oflfal, &c 92 23 413 
 
 KITES— 
 
 flyiug prohibited 129 47 1039 
 
 LAND— 
 
 lien of auction duties 6 6 93 
 
 made by improvements of city dock 10 22 320 
 
 riparian rights, decisions, nofe 22 370 
 
 LANDLORD AND TENANT— 
 
 see Tenants for Years 50 
 
 LAMPS— 
 
 attached to wooden buildings 11 7 112 
 
 when lighted, not to be carried into stables: 
 
 notice 44,48 20 298,299 
 
 to be lighted in front of fire engine houses... 24 20 291 
 
 power to erect, &c 14,84 47 991,1024 
 
 and pillars 84 47 1024 
 
 register to pay 85 47 1024 
 
 name of streets on 86 47 1024 
 
 new to have names on 87 47 1024 
 
 destroying, &o 88 47 1025 
 
 private regulated 89 47 1025 
 
 lighting or extinguishing public 90 47 1025 
 
 superintendents of lamplighters, and 91-93 47 1025-1027 
 
 general superintendent of 91 47 1026^1164 
 
 lighted near vaults, openings, &c 110 47 1031 
 
 LARCENY— 
 
 jurisdiction of Criminal Court, no<c 14 203 
 
 LEAD— 
 
 pigments of 63 23 403 
 
 LEGISLATURE— 
 
 to authorize debt or credit 7 1 6 
 
 how far, may change constitution as to city, 9 1 7 
 
1238 
 
 Index. 
 
 LEGISLATURE— Coni!mMcd sec. art. 
 corporation of Baltimore, creature of, deci- 
 
 BionSftiote 1 
 
 LEGISLATIVE— 
 
 districts, three 39 1 
 
 justices of the peace to keep office in 83 14 
 
 LEASES— 
 
 of city property 2,14 1,47 
 
 LEATHER— 
 
 sale of manufactured 47 6 
 
 LEXINGTON MARKET— 
 
 limits of: wagons 108 36 
 
 bond of clerk 109 35 
 
 assistant clerk 110 35 
 
 rent of stalls Ill 35 
 
 what limits hucksters to keep 112 35 
 
 meats and cooked provisions 112 35 
 
 LIBRARIAN— 
 
 duties, &c , 1-7 32 
 
 keeper of records 56 1 
 
 assistant 8-11 32 
 
 LIBRARIES— 
 
 for public schools.: 41-42 43 
 
 Peabody : ordinances, &c., sent to 21 1 
 
 ofcity 2 32 
 
 LICENSES— 
 
 comptroller to issue 4 11 
 
 to auctioneers 10-42 6 
 
 manufacturers of iron, leather or tobacco 47 6 
 
 for hackney coaches, carriages and vehicles 1-13, 26-37 8 127- 
 
 for draymen, wagoners, carters, porters and 
 
 watermen 1,32 8- 
 
 boats and scows 32 8 
 
 numbers, for carriages, &c 28-37 8 
 
 when to terminate and be renewed 29 8 
 
 rate of, for carriages, &c 32 8 
 
 false entry and change of number of car- 
 riages, &c.,. . 33 8 
 
 carriages not to be used for hire without be- 
 ing licensed and numbered 34 8 
 
 notice from register 36 8 
 
 
 58 
 
 
 222 
 
 10 
 
 ,908 
 
 
 106 
 
 
 662 
 
 
 662 
 
 
 663 
 
 
 663 
 
 
 663 
 
 
 663 
 
 570 
 
 -572 
 
 
 64 
 
 
 573 
 
 
 589 
 
 
 20 
 
 
 570 
 
 
 159 
 
 93 
 
 -105 
 
 
 106 
 
 131, 
 
 138- 
 
 
 142 
 
 127 
 
 141 
 
 
 141 
 
 189- 
 
 -142 
 
 
 140 
 
 
 141 
 
 141 
 
 141 
 142 
 
Index. 1239 
 
 LICENSES — Continued, bec. abt. page 
 
 violating rules as to carriages, &c 37 8 142 
 
 whatjClerkof Court of CommoD Pleas to issue 12 14 187 
 commissions of one percent, to clerk of Court 
 
 of Common Pleas, under act of 1876, c. 363 33 577 
 
 penalty for refusing to show, of vessel 27 22 342 
 
 to empty privies or vaults 75-76 23 407 
 
 arrest of licensed nightman violating health 
 
 ordinance, decision, no^e 28 412 
 
 to sell charcoal 47 28 531 
 
 for billiard tables 1-3,1-4 33 575-576,579- 
 
 580 
 
 wood 4-6 33 576 
 
 non-resident traders, decisions, note 88 577 
 
 permits to peddlers of small wares 8 33 577 
 
 pawnbrokers 9,29-38 33 577,587-590 
 
 theatrical and public amusements 10, 1-18 83 577,679-584 
 
 duty of sheriff 11 88 578 
 
 dogs 19-28 33 584-587 
 
 selling in streets 39-42 33 590-591 
 
 renting stalls, &c., in markets, decision, note, 154 35 032-634 
 
 stalls, &c., in markets 26,32,34-36 35 637,639,640 
 
 selling on Sunday 2 42 839 
 
 on cars of city railroads 107 40 768 
 
 see Inspections 28 
 
 seo Markets 36 
 
 LIEN— 
 
 of auction duties 6 6 93 
 
 of livery stable keepers 14-16 8 132 
 
 of costs for paving 4 23 377 
 
 in removal of nuisances 23 23 391 
 
 of taxes, decision?, Tiofe 4 49 1060 
 
 LIFE INSURANCE— 
 
 of members of fire department 27-28 20 292-293 
 
 LIGHTNING RODS— 
 
 on city buildings 40 7 123 
 
 LIGHT STREET WHARF— 
 
 encroaching on 68 22 355 
 
 fire or cord wood on 69-72 22 356-357 
 
 decisions as to, nofe 22 355-356 
 
 LIGHT STREET BRIDGE— 
 
 act, &c 22, 47 364, 993 
 
1240 
 
 Index. 
 
 LIME — SEC. ART. PAGE 
 
 chloride of 63 23 403 
 
 LIME KILNS— 
 
 where unlawful to erect 43 23 397 
 
 LIMITATIONS- 
 CD claims against city 29 1 23 
 
 under act of '64, c. C, decision, note 14 196 
 
 on collection of taxes 11-12 49 1064 
 
 on claims for return of taxes 9 49 1074 
 
 LIVERY STABLES— 
 
 lien of keepers of. 14-16 8 132 
 
 buildings for hiring, sale or, not to be erected 
 
 without permit from mayor or council 38-40 8 142-143 
 
 LIVE STOCK— 
 
 inspection of 35-54 28 490-495 
 
 brought to city on Sunday 1 42 841 
 
 LOANS, aUARANTIES, &c.— 
 
 Baltimore and Ohio R. R. Co 38 46 922-930 
 
 Northern Central Railway Co 39 46 931-988 
 
 Northwestern Va, Railroad Co 40 46 938-939 
 
 Pittsburg and Connellsville Railroad Co 41 46 940-942 
 
 Union Railroad Co 42 46 943-950 
 
 Virginia Valley Railroad Co 43 36 960-952 
 
 Western Maryland Railroad Co 44 46 952-974 
 
 Hillen station 45 46 974-976 
 
 acts relating to Western Md. R. R. Co., note, 46 976-978 
 
 subscriptions authorized by acts, note 46 979 
 
 LOCOMOTIVE ENGINES— 
 
 permission to use engines on certain streets, 13 40 726 
 
 engines regulated : bell to be rung 14 40 727 
 
 penalty for use beyond limits prescribed 15 40 727 
 
 permission to use wood, &c 16 40 727 
 
 speed regulated 17 40 728 
 
 application of ordinances 18 40 728 
 
 through streets, decision, noifc 40 728 
 
 see Kailroads 40 
 
 LOGS— 
 
 in front of wharves, nofc 22 848 
 
 LONG BULLETS— 
 
 prohibited 6 21 812 
 
Index. 
 
 1241 
 
 LUMBER— sKc. ABT. 
 
 tonnage on 13 22 
 
 where not to be landed 38-41 22 
 
 wharfageon 21-24 22 
 
 notice from harbor master to remove 22 21 
 
 landing 24 22 
 
 projecting from aides of vessels 42 22 
 
 on wharves 64 22 
 
 on Bowly's wharf 65 22 
 
 rates of wharfage on 66 22 
 
 on McElderry's or Dugan's wharves 78-75 22 
 
 on Light street wharf 69 22 
 
 drifting of, in harbor 87-90 22 
 
 yards 30 23 
 
 in streets regulated 119 47 
 
 McDONOGH EDUCATIONAL FUND— 
 
 board of trustees 1-8 34 
 
 bequest, &c., no^e 9 84 
 
 MANUFACTURES— 
 
 prohibited 54-66 23 
 
 of silver plate 1-14 6 
 
 of iron, leather and tobacco. 47 6 
 
 of oils 59 20 
 
 of soap and candles 1,69 23 
 
 of chemicals for roofing 64 23 
 
 composition roofing 56 23 
 
 copal varnish 66 23 
 
 boiling bones 66 23 
 
 distilleries 68 23 
 
 pulverized charcoal 61 23 
 
 paiats 62 23 
 
 oil of vitriol or sulphuric acid, nitric acid or 
 aqua fortis, muriatic acid, crude ammonia, 
 ivory black, alum, chloride of lime or 
 bleaching salts, pigments of lead : burning 
 
 horns, blood or bones 63 23 
 
 cotton wadding, caps or bats 64 38 
 
 brick kilns 66 23 
 
 limekilns 43 23 
 
 MANURE— 
 
 not to be deposited in city 36 23 
 
 removal of 91-106 23 
 
 carts for removal of. 91-98 28 
 
 FAQE 
 
 319 
 326 
 
 341-342 
 341 
 642 
 346 
 354 
 864 
 354 
 
 357-868 
 366 
 
 361-363 
 
 393 
 
 1034 
 
 692-595 
 695-618 
 
 400-404 
 
 85-89 
 
 106 
 
 304 
 
 376, 402 
 400 
 400 
 401 
 401 
 401 
 401 
 401 
 
 403 
 403 
 403 
 
 397 
 
 895 
 413,417 
 418-415 
 
1242 Index. 
 
 MANURE — Continued. sec. art. page 
 what, not to be removed without authority 
 
 of health commissioner 100 23 415 
 
 contents of load of 56 ' 28 495 
 
 MARINE HOSPITAL— 
 
 and quarantine 131-154 23 424-437 
 
 powers of physician, decision, no^e 23 437-441 
 
 telegraph to, «oic 20 294 
 
 see Appendix 113 23 1167 
 
 MARINERS— 
 
 dying intestate, decision, no^e 14 208 
 
 MARKETS— 
 
 carts, wagons, &c., at 21-22 8 137-138 
 
 houses to be cleaned on Sunday morning 113 23 419 
 
 keepers of standards of weights and measures 
 
 to visit 36 28 528 
 
 duty of clerks of, as to standards 37 28 529 
 
 scales 44 35 642 
 
 corporation may erect and regulate 1 35 622 
 
 decision, &c.,no<e 35 622-623 
 
 penalty for buying to sell again in- 2-3 35 623 
 
 weight of butter: forfeited for light weight, 4 35 624 
 clerks may distrain meat for rent of stalls, 
 
 fines, &c 5,6 35 624,630 
 
 no charge for selling in, unless in stalls 6 35 625 
 
 penalty for collecting 7 35 625 
 
 corporation may sell or lease stalls 8 35 625 
 
 may buy or lease land for extending markets 9 35 625 
 
 power to condemn land, &c., proceedings 10-21 35 625-628 
 
 duties and powers of clerks of 5,1-55 35 628-645 
 
 tobe swept, &c 3 35 629 
 
 bonds of clerks 4 35 630 
 
 clerks to cause necessary repairs to be made, 5 35 630 
 
 police ofScers to attend, and aid clerks 7 35 630 
 
 clerks to prevent idle or disorderly persons 
 
 from frequenting market-houses 8 35 631 
 
 duties of assistant clerks 9 35 (531 
 
 penalty for resisting clerks 10 35 631 
 
 notice on unrented stalls 11 35 631 
 
 clerks to fix rent of stalls not enumerated.... 12 36 632 
 movable stalls, &c., to be erected : penalty 
 
 for injuring stalls, &c 13 35 6S2 
 
 clerks to collect ten cents for numbers of 
 
 stalls 14 35 632 
 
Index. 1243 
 
 MARKETS — Continued. sec. art. page 
 mode of renting stalls, &c.: record to be kept 
 by comptroller : licenses for stalls transfer- 
 able : rates of licenses 16 35 633 
 
 clerks to make monthly reports to comp- 
 troller: duty of comptroller 16 35 633 
 
 renewal of licenses regulated 17 35 634 
 
 public sale of stalls 18 35 634 
 
 clerks forbidden to rent places to offenders 
 against ordinance : persons having licenses 
 
 not to rent stalls: duty of clerks 19 35 634 
 
 vacant benches may be occupied 20 36 685 
 
 the erection of certain structures prohibited : 
 
 duty of clerks 21 35 635 
 
 butchers' closets regulated 22 34 6S6 
 
 limits of benches regulated 23 35 636 
 
 regulatiops for occupiers of benches, &c 24 36 636 
 
 fruit and vegetable stands 25 35 637 
 
 meat not to be sold except on butchers' stalls 26 35 637 
 
 sale of unsound meat prohibited 27 35 638 
 
 mode of weighing 28 35 638 
 
 animals, &c., not to be driven on brick pave- 
 ments : killing, &c,, in, prohibited 29 35 638 
 
 cows not to be brought in, during market 
 
 hours 30 35 638 
 
 sale of merchandise, &c., prohibited 31 35 638 
 
 females whose stock In trade does not exceed 
 
 forty dollars may sell merchandise in 32 34 639 
 
 hucksters to occupy only certain parts of..... 83 35 639 
 dealers in certain articles from carts, &c., to 
 
 obtain licenses 34 35 639 
 
 sausages, &c , not to be sold in markets with- 
 out license : duty of clerks of. 35 35 640 
 
 dealers in meal and flour to obtain licenses... 86 85 640 
 
 sale of fresh meat regulated 37 35 640 
 
 sale of wine, &c., prohibited 38 85 641 
 
 cows, &c., not to be sold in streets 89 35 641 
 
 tax on sale of cows, &c 40 35 641 
 
 unlawful to slaughter calves under four weeks 
 
 old 41 35 641 
 
 auctions prohibited in, during market hours, 42 45 641 
 
 goods not to be placed on footways 43 35 641 
 
 public scales and weights to be taken care of : 
 
 rent of scales 44 85 642 
 
 wagons, &c,, how to be placed in markets... 46 35 642 
 
1244 Indbx. 
 
 MARKETS — Continued. 2 sec. art. page 
 
 vehicles, horses, &c., in, regulated 46 35 642 
 
 streets not to be obstructed : bacon carts pro- 
 hibited from passing through 'streets on 
 
 Sunday 47 35 643 
 
 location of horses, vehicles, &c., at certain 
 
 hours 48 35 643 
 
 penalty for bringing carts, &c., into 49 35 644 
 
 avenues, &c., to be kept open 50 35 644 
 
 platof 51 35 .644 
 
 water not to be drawn from Fell's Point reser- 
 voir for shipping purposes 52 35 644 
 
 penalty for defacing, &c 53 35 644 
 
 rights of property holders 54 35 645 
 
 cooking in, prohibited 55 36 645 
 
 market days and hours 66-57 36 645-646 
 
 salaries of clerks, assistants, keepers and 
 
 cleaners 58 35 646-648 
 
 provisions applicable to certain markets 113-115 35 663,664 
 
 sale of stalls in certain markets ratified and 
 
 confirmed 120 35 666 
 
 selling in, on Sunday 2 42 841 
 
 Belair 69-61 36 648-649 
 
 Broadway 62-66 35 649-661 
 
 Canton 67-68 35 661-662 
 
 Centre 69-83 35 652-656 
 
 Institute 84-88 35 656-667 
 
 Cross street 89-92 35 657-658 
 
 Fell's Point 93-97 35 658-659 
 
 Hanover 98-101 35 659-660 
 
 Holli us street 102-104 35 660-661 
 
 Lafayette 105-107 35 661-662 
 
 Lexington 108-112 35 662-663 
 
 Richmond 116-119 35 664-666 
 
 MARYLAND AND DELAWARE SHIP CANAL— 
 
 eubscription to, authorized by act 46 979 
 
 MARYLAND HOSPITAL— 
 
 see Hospitals 25 
 
 MARYLAND INDUSTRIAL SCHOOL— 
 
 for girls 23-24 26 463 
 
 MAYOR— 
 
 election of 1,4 1 4,10 
 
 list of the mayors, noie 1 4 
 
 qualifications 1,4 1 4,10 
 
Indbx. 
 
 1245 
 
 MAYOR — Continued. sec. abt 
 
 term of office ; 1, 7 
 
 not to hold any other office 5 
 
 not to be interested in city contracts 5 
 
 when he may be removed and by whom 6 
 
 vacancy in office of, how filled 5 
 
 who to act io case of sickness or absence of... 6 
 
 ex-officio 6,2 
 
 salary of 7,1 
 
 may act as justice of the peace 8 
 
 may call on officers to account 8 
 
 to see ordinances executed 9 
 
 his message 9 
 
 ordinances to be approved by 10 
 
 may return ordinances with reasons for not 
 
 approving 10 
 
 effect of non-return of ordinance by 11 
 
 what ordinances, and council empowered to 
 
 pass 26 
 
 ordinances as to appointments to office...'..... 27 
 when, to appoint city officers with consent of 
 
 council 27 
 
 register, commission of 27 
 
 vacancies, how filled 27 
 
 what officers to hold at pleasure of 28, 41 
 
 commissions 28 
 
 compensation of 1 
 
 of mayor ex-officio 2 
 
 authority to execute appeal bonds, &c 3 
 
 secretary 4, 6 
 
 clerk 5-6 
 
 power of removal of city officers by 41 
 
 new appointments by, when may require 
 
 bond of city officers 42, 44-4P 
 
 as to city contracts 51-54 
 
 oath of trustees of poor, before 3 2 
 
 to designate where horses and carriages may 
 
 be sold 27 6 
 
 to grant permits for street auctions 2 6 
 
 contracts for city buildings 23 7 
 
 permits 26 7 
 
 permission from, to builders 14 7 
 
 notice from, for the removal of sheds, boilers, 
 
 signs, &c 30 7 
 
 to regulate cart stands 12 8 
 
 PAGE 
 
 4,11 
 
 6 
 
 6 
 
 6 
 
 11 
 
 11 
 
 11,16 
 
 11,16 
 
 11 
 
 11 
 
 12 
 
 12 
 
 12 
 
 12 
 12 
 
 14 
 
 16 
 
 15 
 16 
 
 15 
 16,59 
 15 
 16 
 16 
 16 
 16,17 
 17 
 69 
 
 60,61 
 
 62-64 
 
 67 
 
 98 
 107 
 116 
 117 
 113 
 
 119 
 136 
 
1246 Index. 
 
 MAYOR — Continued, sec. art. page 
 
 to designate stands tor hacks, &c ....\... 43 8 144 
 
 when, to withdraw carriage license 26 8 138 
 
 penalty for violating rules ef, as to horses 
 
 and carriages 37 8 142 
 
 to license and assign superintendents of 
 
 chimney sweepers 1 9 148 
 
 reports of houses erected from superintendents 
 
 of chimney sweepers to 17 9 153 
 
 powers of, over superintendent of City Hall, 
 messengers, watchmen, engineers and fire- 
 men , 1-7 10 154-156 
 
 report of accounts from comptroller to coun- 
 cil through 2 11 158 
 
 report from comptroller to, as to appropria- 
 tions 4 11 159 
 
 repair of city property destroyed by fire 6 11 160 
 
 to summon council to fill vacancy in office of 
 
 register 20 11 164 
 
 substitute for law officer i . 6 13 176 
 
 approbation of appeals 8 13 176 
 
 as to deaf mutes 1_3 le 246 
 
 report to, from officers of judgments for de- 
 fendants in suits for fines 2 19 274 
 
 allowance to city officers from, for enforcing 
 
 ordinances 4 19 274 
 
 to have money recovered from justices, &c... 5 19 274 
 
 when, may remit fines 9 19 275 
 
 to give register list of fines remitted 9 19 276 
 
 when, to pay costs and jail charges 10 19 276 
 
 fire inspector commissioned by 2,41 20 279 297 
 
 member of board of fire commissioners 1 20 285 
 
 to fill vacancy among fire commissioners 2 20 285 
 
 reward offered by chief engineer of fire de- 
 partment with approval of...... H 20 289 
 
 report of keeper of gunpowder to 52 20 301 
 
 to issue search warrant for gunpowder 57 20 304 
 
 president of harbor board 1 22 332 
 
 power of, as to wharfage " 62 22 353 
 
 as to slaughter-houses 66-67 23 404 
 
 as to board of health 3-10,132 23 385-387,426 
 
 contracts for removal of garbage, &c 103-106 23 416-417 
 
 to visit marine hospital 153,154 23 437 
 
 street superintendents to notify, of offences 
 
 against health ordinances Ill 23 419 
 
Index. 1247 
 
 MAYOR — Continued. sec. art. page 
 
 when to discharge street superintendentB 114 23 419 
 
 duty as to vaccine physicians 121 23 422 
 
 to convene council when malignant disease 
 
 in city 130 23 423 
 
 returns from commissioners of pensions, war 
 
 1812., 3 24 443 
 
 to fill vacancy in board 4 24 443 
 
 powers and duties as to immigrants 1-13 27 471-475 
 
 report from general superintendent of lamps 
 
 and inspector and sealer of gas meters to.. 2, 10 28 517, 520 
 to appoint referee on appeal from inspector 
 
 •fee, of gas meters 5 28 518 
 
 to approve apparatus of inspector, &c., of 
 
 gas meters 3,6 28 517,518 
 
 report of inspector of illuminating gas to 13 28 521 
 
 reports to, from city inspectors 19 28 523 
 
 to designate stands for measurement of char- 
 coal 41 28 530 
 
 todividecityintodistricts for standard keepers 38 28 529 
 
 members of Jones' Falls commission 2 30 549 
 
 to grant license to pawnbrokers 29,87 38 587,590 
 
 as to licenses for billiards, (fee 1,18 33 579,584 
 
 as to dogs 21-28 33 584-587 
 
 accounts rendered to, by clerks of markets... 4 35 630 
 
 permission from, to place goods on footways, 43 35 641 
 to appoint custodian of public scales and 
 
 weights 44 36 642 
 
 member of park commission 7 37 078 
 
 to ofifer reward for arrest of murderers, &c... 1 38 709 
 
 report to, from police as to grog-shops 2 38 709 
 
 power as to railways 20 40 729 
 
 sewers 16 44 874 
 
 squares and fountains 3-6 46 881-882 
 
 oath before, for renewal of stock certificate... 6 46 906 
 
 leases of city property 14 46 908 
 
 appeal to, from city commissioner 75 46 1022 
 
 report from surveyor to 6 48 1055 
 
 report to, from Appeal Tax Court 5 49 1072 
 
 to fill vacancies in Appeal Tax Court, &c.... 20 41 1077 
 
 report to, from board of arbitration 17 49 1076 
 
 . power as to collector 32 49 1080 
 
 see Streets and City Commissioner 47 
 
 MEASURES— 
 
 see Weights and Measures 107-108 21-89 28 512, 528-529 
 
1248 
 
 Index. 
 
 MEAT — SKO. ABT. 
 
 bacon, &c , smoking 15 9 
 
 poisoned, not to be thrown in streets 27 33 
 
 MENDICANTS— 
 children 16-19 62 
 
 MESSENGER— 
 
 city 2 10 
 
 MID WIVES- 
 
 duties of, as to registration of births 6 41 
 
 MII-K— 
 
 adulteration of 48 23 
 
 of diseased cows 48 23 
 
 MILITIA— 
 
 when members of, exempt from jury duty... 24 31 
 
 wheu subject to board of police or sheriff 9, 23 38 
 
 MINORS— 
 
 not to play at billiards, &c 4 33 
 
 pawnbrokers not to take deposits from 32 33 
 
 not to jump on or off railroad cars 10 40 
 
 see Houses of Refuge and Reformation 26 
 
 see Vagrants 62 
 
 MONEY— 
 
 deposit of city. 22,13 11,46 
 
 coroner's duty as to, belonging to unknown 
 
 dead 4 12 
 
 MONUMENTS— 
 
 Washington, note 1 45 
 
 keeper of 2 45 
 
 Battle, noie 1 45 
 
 Battle, represented on city seal 58 1 
 
 hacks around 60 8 
 
 squares around Washington 44 45 
 
 Wildey, note 45 
 
 to Wells and McComas, noie 45 
 
 at North Point, no^e 45 
 
 MORTGAGES— 
 
 consent to decree : when conveyances re- 
 corded, decree may be passed : trustee to 
 
 be appointed : bond 1 36 
 
 trustee may sell on forfeiture : mortgage to 
 
 file statement of claim under oath 2 36 
 
 PAGE 
 
 152 
 
 686 
 
 1110-1112 
 155 
 
 398 
 398 
 
 566 
 
 699, 706 
 
 580 
 
 587 
 726 
 
 165,907 
 171 
 
 880 
 881 
 880 
 65 
 146 
 898 
 880 
 880 
 880 
 
 667 
 668 
 
Indbz. 
 
 1249 
 
 MORTGAGES — Continued. sec. art. page 
 
 aflSdavit, before whom made 3 35 668 
 
 sale, when confirmed, to have same effect as 
 
 sales under decrees on bills 4 36 668 
 
 trustee to report sale 5 86 669 
 
 allegations and proofs may be made and 
 
 taken 6 36 669 
 
 court may set aside sale: when set aside, 
 
 mortgaged premises not to pay costs : 
 
 costs, by whom payable 7 36 669 
 
 clerk to record deed : to docket case : file and 
 
 record mortgage 8 36 669 
 
 entry on docket to operate as assignment : to 
 
 have precedence in the order made : not to 
 
 be made but on order written and acknow- 
 ledged 9 36 669 
 
 entry of satisfaction to operate as discharge 
 
 and conveyance :• not to be made but on 
 
 order written and acknowledged: orders 
 
 to be recorded with decrees 10 36 670 
 
 court may appoint new trustees 11 36 670 
 
 mortgagee with power to sell, may proceed 
 
 under general law : notice 12 36 670 
 
 proceedings where default of mortgagors has 
 
 taken place before mortgages have been 
 
 submitted to court : statement under oath, 13 36 670 
 
 what sections applicable 14 36 671 
 
 decisions, note 86 671-675 
 
 list of, furnished Appeal Tax Court by clerk 
 
 of Superior Court • 7 49 1073 
 
 MORGUE— 
 ordead house 1-4,74 12,23 172,406 
 
 MOSHER STREET— 
 right of way, &c., decision, noie 47 1043 
 
 MULES— 
 cruelty to 3 16 241 
 
 MURIATIC ACID— 
 manufacture of 63 33 403 
 
 NAUSEOUS LIQUORS— 
 not to be thrown into streets 32 23 894 
 
 NAVAL STORES— 
 
 storage of 12 20 282 
 
1250 Index. 
 
 NEWSBOYS— SEC. art. page 
 
 excepted from vagrant act 18 62 1112 
 
 on vehicles 8 1164 
 
 NIGHT CARTS AND MEN— 
 
 see Privies, Carts 
 
 NIGHTMAN— 
 
 arrest of, for violating health ordinance, de- 
 cision, note 23 412 
 
 NITRIC ACID— 
 
 manufacture of 63 23 408 
 
 NITRO-GLYCERINE— 
 
 regulations as to 67-69 20 306-807 
 
 NON-RESIDENT TRADERS— 
 
 decisions as to licenses, no^e 38 577-578 
 
 NORTH AVENUE— 
 
 grading, paving, &c.: Boundary avenue, »o<e 15 47 991-992 
 
 decisions, no^e 47 992 
 
 NORTH STREET— 
 extended into Baltimore county, note 47 993 
 
 NORTHERN CENTRAL RAILWAY— 
 
 red lights on cars and bells on horses 245 40 825 
 
 tracks into city.. 204-245 4a 808-825 
 
 endorsements, &c., by city for 39 46 931,938 
 
 NORTHWESTERN VIRGINIA R. R.— 
 
 bonds of, endorsed by city 40 46 939 
 
 NOTICE— 
 
 of sale by livery stable keeper, under lien 15 8 182 
 
 from register of carriage license law 36 8 142 
 
 of application to council for permit to erect 
 
 livery, &c., stable 38 8 142 
 
 from fire inspector, as to width of funnels.... 8 9 150 
 to fire inspector, of defective fire-places, 
 
 chimneys, &c 16 9 152 
 
 of elections 13,21,27,3 17 255,259,263, 
 
 264 
 from fire inspector, to owner of unoccupied 
 
 house 42 20 298 
 
 for carrying liglits into stables 50 20 299 
 
 for keeping ashts iu improper places 60 20 299 
 
 for keeping hay and cut straw in improper 
 
 places 50 20 299 
 
Index. 1251 
 
 NOTICE — Continued. sec art. page 
 from harbor master to remove lumber, fire- 
 wood, &c 22 22 341 
 
 of port regulations 46 22 347 
 
 of sale of goods on wharves 80 22 359 
 
 in cases of paving, to remove nuisances 6,6 22 377 
 
 to owners to remove nuisances 16 23 389 
 
 on owners, &c, of wharves, from health com- 
 missioner 18 23 890 
 
 when no owner on lot 21 28 390 
 
 when owner not residing in city 22 23 391 
 
 of sale by board of health 24 23 391 
 
 to person in possession, for removal of nuis- 
 ances 26 23 392 
 
 as to frame buildings 29 23 393 
 
 from health commissioner to remove privies, 81 23 410 
 from health commissioner to fill vault of 
 
 privy under pavement 86 23 411 
 
 when oyster shells deposited in city 41 23 396 
 
 in application to council for permission to 
 
 erect composition roofing manufactory 64' 23 400 
 
 as to soap, candle, &c., manufactories 60 23 402 
 
 as to slaughter-houses... 67 23 404 
 
 to persons requiring licenses 11 33 578 
 
 of sale of stalls in markets 18 35 634 
 
 from Orphans' Court as to representatives.... 7 43 846 
 
 of ordinance to open, &c., sewers 6 44 864 
 
 from commissioners of sewers 6,7,8 44 864,868,869 
 
 in leases of city property 14 46 908 
 
 of application for permit to inspector of 
 
 buildings 27 7 118 
 
 from mayor for removal of frame sheds, posts, 
 
 signs, steam boilers, &c., decision, no^e 30 7 119 
 
 from city commissioner or police, as to lum- 
 ber in streets 119 47 1034 
 
 oftaxi-ale 5 49 1061 
 
 to show cause in tax sale 10 49 1063 
 
 as to taxes 36,40,44,47 49 1081,1083 
 
 from landlord to tenant, or tenant to landlord 1-8 50 1094-1090 
 
 as to opening, &c., streets, see Streets 47 
 
 NUISANCES— 
 
 when privies 79 23 408 
 
 when unpaved private alleys 63 23 399 
 
 liability of police commissioners for, decisions, 
 
 note \ 88 711, 1087 
 
1252 Index. 
 
 NUISANCES — Continued. skc. akt. page 
 
 00 wharves 81,18 22 359,389 
 
 corporation to pass ordinances to preserve 
 
 health of city, remove, &c 1 23 376 
 
 cost of paving for removal of: byvs-hompaid 2 23 376 
 
 defence of owners 3 23 376 
 
 costs, lien on property 4 23 377 
 
 how costs collected from non-residents 5 23 377 
 
 action against city by non-residents 6 23 377 
 
 on vacant lots, how removed, and costs paid, 7 23 377 
 
 notice to owners to remove 16 23 389 
 
 when to be removed at city's expense 16 23 389 
 
 when health commissioners may enter on 
 
 premises 17 23 389 
 
 notice 18,22 23 390-391 
 
 expenses and penalty, lien on property 23 23 391 
 
 proceedings, when property owned by per- 
 sons out of State 24 23 891 
 
 who deemed owners of property as to removal 
 
 of: notice 25 23 392 
 
 liability of city for, decisions, notes 47, 53 1037, 1161 
 
 see Health 23 
 
 NUMBERING- 
 
 of houses 22 7 116 
 
 OATH— 
 
 of members of council and corporation officers 28 1 22 
 
 of trustees of poor.. 3 2 67 
 
 of assayer of silver plate 2 5 85 
 
 of auctioneers 36 6 101 
 
 of deputy register 18 11 164 
 
 ofcoroner 1 12 170 
 
 of judges and clerks of election 12 17 254 
 
 of members of harbor and river relief board.. 63 22 331 
 
 of commissioners of pharmacy 12 23 380 
 
 of ganger of casks and liquors 4 28 481 
 
 of inspectors of steam boilers 68 28 496 
 
 of weighers of grain 77 28 603 
 
 of measurer of carts 102 28 510 
 
 of inspector of gas-meters 2 28 617 
 
 of inspector of illuminating gas 12 28 620 
 
 of measurer of charcoal 40 28 530 
 
 of visitors of jail 3 29 535 
 
 of warden of jail 17 29 637 
 
 of police commissioners 2 38 691 
 
Index. 
 
 1253 
 
 OATE— Continued. 
 
 of sewer commissioners , 
 
 of clerk, &c., to sewer commissioners 
 
 before mayor for renewal of stock certificate, 
 
 of commissioners for opening streets 
 
 of their clerk, &c 
 
 of surveyor 
 
 of referees on appeal from city commissioner 
 of judges of Appeal Tax Court and assessors 
 
 OATS— 
 
 measure or weight of 
 
 OFFAL, GOAL AND ASHES— 
 
 kitchen 
 
 OFFICERS OF THE CORPORATION— 
 
 mayor's term and salary 
 
 powers of, notes 
 
 secretary to mayor 
 
 clerk to mayor 
 
 city messenger 
 
 mayor's detective 
 
 superintendent of City Hail 
 
 watchmen to City Hall 
 
 engineers and firemen of City Hall 
 
 reports from 
 
 register to notify, as to expenditures 
 
 when comptroller to withhold his warrant 
 
 from 
 
 advertisements of. 
 
 city contracts 
 
 mayor may call on to account 
 
 appointment of, regulated by ordinances 
 
 when mayor to appoint with consent of city 
 
 council 
 
 register 
 
 clerks 
 
 vacancies, how filled 
 
 what officers to hold at pleasure of mayor..., 
 
 commissions of.... 
 
 president of branch mayor ex-officio 
 
 to be appointed annually 
 
 power of removal' by mayor 
 
 new appointments by mayor 
 
 not to be interested in contracts 
 
 not to exceed appropriation 
 
 SEC. ABT, 
 
 PAGE 
 
 2 44 
 
 865 
 
 4 44 
 
 866 
 
 6 46 
 
 906 
 
 2 47 
 
 994 
 
 4 47 
 
 996 
 
 1 48 
 
 1052 
 
 76 47 
 
 1022 
 
 17 49 
 
 1066 
 
 17 28 
 
 92 23 
 
 514 
 
 413 
 
 1,7 
 
 1 
 
 4,11, 16 
 
 7 
 
 1,23 
 
 7,437 
 
 4 
 
 1 
 
 16 
 
 5 
 
 1 
 
 17 
 
 2 
 
 10 
 
 155 
 
 
 1 
 
 1163 
 
 1 
 
 10 
 
 154 
 
 3-5 
 
 10 
 
 155 
 
 6 
 
 10 
 
 167 
 
 33,34 
 
 
 23-24 
 
 37 
 
 
 24 
 
 37 
 
 
 24 
 
 50 
 
 
 62 
 
 61-64 
 
 
 62-64 
 
 8 
 
 
 11 
 
 27 
 
 
 15 
 
 27 
 
 
 16 
 
 27 
 
 
 16 
 
 27 
 
 
 16 
 
 27 
 
 
 16 
 
 28 
 
 
 16 
 
 28 
 
 
 15 
 
 6,2 
 
 
 11,16 
 
 40 
 
 
 59 
 
 41 
 
 
 59 
 
 42 
 
 
 60 
 
 43 
 
 
 60 
 
 36 
 
 
 24 
 
1254 Index. 
 
 OFFICERS OF THE COHTOHATION—Gontinued. 
 
 8EC, 
 
 when to give bond 44 
 
 when not to give bond 45-46 
 
 extra compensation not to be allowed 47 
 
 salary, &c., nob to be increased or diminished 
 
 during term of office 47 
 
 extra compensation to contractors 47, 48 
 
 when salaries of, paid 49 
 
 salaries, &c., due, not attachable, note 
 
 trustees of poor, Bayview Asylum 1-29 
 
 ward managers of poor 30-3S 
 
 assayerof silver plate 1-14 
 
 inspector of buildings • 20-45 
 
 superintendents of chimney sweepers 1-18 
 
 comptroller 1-16 
 
 register and deputy register 17-31 
 
 superintendent and watchmen of court house 
 
 and record office 2-7 
 
 janitor of Orphans' Court 8 
 
 janitor of Masonic Hall 9 
 
 watchman of Masonic Hall 10 
 
 counselor 1-9 
 
 solicitor 1-9 
 
 examiner of titles 10-13 
 
 agent for deaf and dumb 3 
 
 to bring suits befure justices for fines 1-6 
 
 fire inspector 2-9, 41-43 
 
 fire commissioners 1 
 
 officers of fire department 6 
 
 superintendent of the police and fire alarm 
 
 telegraph 32 
 
 officers of alarm telegraph 33-38 
 
 harbor board 1 
 
 harbor masters 19 
 
 keeper of Harman's bridge 92 
 
 keeper of drawbridge 93 
 
 commissioner of health and assistant 1 
 
 vaccine physicians 119 
 
 marine hospital physician and assistant 131, 132 
 
 boatmen, &c., at marine hospital 146 
 
 superintendents of streets 107 
 
 commissioners of pensions for soldiers, &c., 
 
 war 1812 3 24 442 
 
 AHT 
 
 PAGE 
 
 1 
 
 60 
 
 1 
 
 61 
 
 1 
 
 61 
 
 1 
 
 61 
 
 1 
 
 • 61 
 
 1 
 
 62 
 
 1 
 
 62 
 
 2 
 
 66-72, 73 
 
 2 
 
 72-73 
 
 3 
 
 85-89 
 
 7 
 
 115-125 
 
 9 
 
 147-153 
 
 11 
 
 157-163, 169 
 
 11 
 
 163-169 
 
 14 
 
 237-238 
 
 14 
 
 288 
 
 14 
 
 288 
 
 14 
 
 239 
 
 13 
 
 174-177 
 
 13 
 
 174-177 
 
 13 
 
 177-178 
 
 16 
 
 246 
 
 19 
 
 274-275 
 
 20 
 
 279-282, 297- 
 
 
 298 
 
 19 
 
 285,1166 
 
 19 
 
 286 
 
 19 
 
 294 
 
 19 
 
 294-296 
 
 22 
 
 332 
 
 22 
 
 340 
 
 22 
 
 363 
 
 22 
 
 865 
 
 28 
 
 385 
 
 23 
 
 421 
 
 23 
 
 424, 425 
 
 23 
 
 434 
 
 23 
 
 417 
 
Index. 
 
 1255 
 
 OFFICERS OF THE CORPORATION— ConimMcrf. 
 
 SEC. ART. PAGE 
 
 city managers of House of Refuge 1 26 455 
 
 of House of Reformation, &c., for colored 
 
 children 13 26 469 
 
 of Maryland Industrial School for girls 23 26 4fi3 
 
 of St. Mary's Industrial School for boys 26 26 464 
 
 general superintendent of lamps and inspector 
 
 and sealer of gas meters 2 28 617,1164 
 
 referee from inspector, &c., of gas meters 5 28 618 
 
 inspector of illuminating gas 12 28 520 
 
 keepers of standard of weights and measures 21 28 523 
 
 measurer of charcoal : and deputies 40 28 529 
 
 visitors of jail 1 29 534 
 
 warden of jail 14 29 536 
 
 Jones' Falls commission 2 30 649 
 
 librarian and assistant 1,8 32 670,673 
 
 trustees of McDonogh educational fund and 
 
 institute 1,3 34 592,693 
 
 clerks, keepers, &c., of markets 1,68 35 628,646-648 
 
 park commission, no<« 37 677-679 
 
 printer 1 39 714 
 
 commissioners of public schools 1 43 847 
 
 officers of board of school commissioners 5 43 849 
 
 superintendent of public instruction 7 43 849 
 
 assistant superintendent of public schools.... 8 43 850 
 
 commissioners for sewers 1 44 864 
 
 clerk to sewer commissioners 4 44 865 
 
 commissioners of squares 3 45 881 
 
 keepers of squares and springs 4 45 881 
 
 keeper of Washington monument 2 46 881 
 
 commissioners of squares around Washington 
 
 monument 44 45 898 
 
 keeper of Ashland square 8 45 882 
 
 commissioner of Baker circle 9 46 882 
 
 commissioners of Broadway squares 11 46 883 
 
 keeper of Broadway squares 12 46 883 
 
 commissioners of Eastern city spring 13 46 884 
 
 commissioners of Eutaw square 14 45 884 
 
 keeper of Harlem square 36 45 895 
 
 commissioners of Jackson square 37 45 896 
 
 keeper of Jackson square 38 45 896 
 
 keeper of Lafayette square 40 45 896 
 
 commissioners of Perkins' spring square 46 45 899 
 
 department of finance c 8 46 907 
 
1266 
 
 Index. 
 
 OFFICERS OF THE CORPORATION— Con<m«e(Z. 
 
 SEC. ART. PAGE 
 
 directors of city in B. & 0. R. R. Co 38 40 924 
 
 directors of city in Union R. R. Co 42 46 950 
 
 directorsofcity in West. Md. R. R. Co 44 46 968 
 
 commissioners for opening streets 1 47 993 
 
 clerk, &c. to 4 47 994 
 
 city commissioner and assistant and clerks... 62-67 48 1019-1020 
 referees on appeal from city commissioner to 
 
 mayor 76 47 1022 
 
 superintendents of lamps and lamplighters... 91 47 1028 
 
 surveyor 1 48 1051 
 
 Appeal Tax Court 15 49 1065 
 
 collector of State taxes 23 49 1068 
 
 clerks to Appeal Tax Court. 1 49 1070 
 
 assessors 1 49 1070 
 
 board of arbitration 15 49 1076 
 
 collector of city taxes 28 49 107i» 
 
 commissioners of water board 1 53 1029 
 
 mayor, president of board 1 53 1029 
 
 water registrar 6 53 1131 
 
 water engineer 13 53 1133 
 
 clerks to water board 5 53 1130 
 
 collectors to same 5 53 1130 
 
 police, watchmen, gate-keepers, &c., to same 12, 1, 5 63 1126, 1129, 
 
 1130 
 OILS— 
 
 inspection of, from petroleum 13-14 20 282-283 
 
 illuminating 15-22 20 283-284 
 
 manufacture of coal, camphine, ethereal, kero- 
 sene and other inflammable 59 20 304 
 
 storage of 60-66 20 305-306 
 
 distillers of 62 20 305 
 
 of vitriol 63 23 403 
 
 OPERA HOUSES— 
 
 not to be opened on Sunday 3 42 840 
 
 OPINIONS— 
 
 of judge of equity court 17 14 202 
 
 ORANGES, LEMONS AND LIMES— 
 
 not to be sold on street without license 40-41 33 590-691 
 
 ORDINANCES— 
 
 of mayor and city council, decisions, no^c*... 1 7-8 
 to be sent to State Library, Baltimore Bar 
 
 Library and Peabody Institute 21 1 20 
 
Index. 
 
 1257 
 
 7 
 8-9 
 
 OBDlNAliJOES— Continued. sec. abt. 
 
 what laws and, continued by constitution 8 
 
 mayor to see, executed 9 
 
 to be approved by mayor 10 
 
 mayor may return, with reasons for not ap- 
 proving 10 
 
 how passed by council over mayor's veto 10 
 
 eflFect ef non-return of, by mayor 11 
 
 how, and resolutions made evidence 12 
 
 what, mayor and council empowered to pass 26 
 
 as to appointments to office 27 
 
 engrossing, &c 18 
 
 duty of register as to 19 
 
 publication, printing, &c., of 22 
 
 as to trustees of poor 1 
 
 when solicitor to prepare 4 
 
 appeals under 2 
 
 fines and penalties for violation of 1-10 
 
 ORPHANS' COURT— 
 when money, &c., deposited in bank by coro- 
 ners to order of. 4 
 
 jurisdiction 14 
 
 register of wills 15,48-60 
 
 pay of judges 45 
 
 pay of bailiff. 46 
 
 stenographer in 70 
 
 decision, note 
 
 janitor of , 8 
 
 estates undistributed from want of representa- 
 tives, to go to schools : payment to school 
 
 commissioners by 6 
 
 degrees of kindred, note 
 
 to give notice 
 
 releases to administrator 
 
 if representatives appear, money to be re- 
 funded 
 
 rights of charitable marine society 
 
 OXEN— 
 cruelty to 
 
 OYSTERS— 
 
 measurement, «fcc., of 66-57 
 
 when hawking, prohibited , 
 
 fines for depositing, &c., shells within city, 
 shells in streets prohibited 
 
 2 
 18 
 14 
 19 
 
 12 
 14 
 
 14 
 14 
 14 
 14 
 14 
 14 
 
 43 
 43 
 43 
 43 
 
 43 
 14 
 
 2 15 
 
 PAGE 
 
 7 
 12 
 
 12 
 
 12 
 
 12 
 
 12 
 
 12 
 
 14 
 
 16 
 
 19 
 
 19 
 
 20 
 
 66 
 
 176 
 
 183 
 
 274-275 
 
 171 
 188 
 
 189, 208-209 
 208 
 208 
 216 
 216 
 288 
 
 846 
 845 
 845 
 846 
 
 208 
 
 241 
 
 66-57 
 
 28 
 
 495-496 
 
 42 
 
 23 
 
 397 
 
 40-41 
 
 23 
 
 396 
 
 101 
 
 23 
 
 415 
 
1^58 Indbx. 
 
 paints— sko. art. page 
 
 manufactories of. 62 23 402 
 
 PARENTS— 
 
 to have births of children registered 6 41 886 
 
 to have children vaccinated 26 23 888 
 
 PARKS— 
 
 resolution and ordinance of mayor and coun- 
 cil relating to, confirmed, noie 1 37 677-679 
 
 powers of, commissioners : rules and regula- 
 tions: fines, how recoverable 2 37 680 
 
 speed of vehicles and equestrians on ap- 
 proaches from North avenue 3 37 680 
 
 conservators of the peace 4 37 680 
 
 commission may make requisition for police : 
 
 powers of police 5 37 681 
 
 commissson may condemn land 6 37 681 
 
 commission may enlarge streets and avenues 
 
 around and leading to, may condemn 7 37 682 
 
 stock for improvement of 8 37 688 
 
 zoological collection authorized 9-14 27 681-685 
 
 superintendent of Patterson 1 37 686 
 
 extension of Patterson 2 37 686 
 
 Riverside 7-11 27 687-688 
 
 reduction of tax on city railways. 103-107 40 767-768 
 
 railways to Druid Hill 117-118 40 773 
 
 park stock 8-6,36 37,46 685,920-922 
 
 see Appendix 46 1171 
 
 Druid Lake 67-68 53 1161 
 
 PARTY WALLS AND PARTITION FENCES— 
 
 regulated 41-45 7 123-125 
 
 decisions, note 7 126 
 
 PATAPSCO RIVER— 
 
 see Harbor Board 22 887 
 
 PASSENGER RAILWAYS— 
 
 carriages, &c., not to obstruct cars of. 17 8 186 
 
 revenue for parks 103 40 767 
 
 pickpockets, &c., on 26 38 707 
 
 see Railroads 40 
 
 see Appendix 40 1168-1171 
 
 PATENTS— 
 
 for land in harbor, decisions, noie 22 870 
 
 PAUPERS— 
 
 see Bayview Asylum 2 
 
Indbz. 
 
 1269 
 
 PAVEMENTS- skc. abt. paok 
 
 vault of privy under : notice 86 23 411 
 
 travel on 14 47 991 
 
 see Streets and City Commissioner 47 
 
 jurisdiction of square commisuionera over 7 45 882 
 
 PAVING— 
 
 for removal of nuisances 2 23 376 
 
 assessments for, in front of schools 26 43 856 
 
 see Streets and City Commissioner 47 
 
 PAWNBROKERS— 
 
 licensing and regulating 9 23 577 
 
 mayor to grant license : license: term 29 23 687 
 
 who may be, and where 80 38 687 
 
 bond 31 38 587 
 
 powers of. 32 33 587 
 
 deposits 33 33 688 
 
 charges: books 34 33 589 
 
 form of action on bond 35 33 589 
 
 duty of register and city ofiBcers 86 33 589 
 
 not to sell spirituous liquors : mayor may 
 
 revoke license 37 33 590 
 
 fines and penalties 38 33 590 
 
 PAY-DAYS— 
 
 Tuesdays and Fridays 31 11 168 
 
 PAY-ROLLS— 
 comptroller to examine and certify to correct- 
 ness of 4 11 160 
 
 PEABODY INSTITUTE— 
 
 ordinances, &c., to be sent to 21 1 20 
 
 PEABODY PRIZES— 
 
 for public schools 43 43 869 
 
 PENSIONS— 
 
 widows of soldiers of war of 1812, note 24 448 
 
 PENT HOUSES— 
 
 regulated 35 7 121 
 
 PERMITS— 
 
 for steam boilers or engines 26 7 117 
 
 frame sheds 26 7 117 
 
 bay window 26, 28-29 7 117, 119 
 
 telegraph or other poles 26 7 117 
 
 signs, sign posts.. 26 7 117 
 
1260 Index. 
 
 FERMITS— Continued. sec. art. page 
 
 awning flaps, (fee... 27 7 119 
 
 lettered flaps on awnings, lettered posts or 
 
 tree boxes 34 7 121 
 
 to extend port warden's line 97 22 867 
 
 to clean privies in day time 77-78 23 408 
 
 to erect livery stables 38-40 8 142-143 
 
 to keep hogs 70-72 23 405-406 
 
 to erect hitching posts 121 47 1035 
 
 earth, &c., not to be removed from unpaved 
 
 streets without 94 47 1027 
 
 ditches, &c., not to be dug in streets, &c., 
 
 without 95 47 1028 
 
 to construct vaults, areas and cellars 96 47 1028 
 
 to erect buildings , 22-27 49 1077-1078 
 
 see Council 
 
 see Mayor 
 
 PETROLEUM— 
 
 oils and fluids from 13-22 20 282-284 
 
 PHARMACISTS— 
 
 meaning of term 9 23 378 
 
 to comply with act : exception 10 23 378-379 
 
 suit in name of commissioners of pharmacy 
 
 and practical chemistry 10 23 378-379 
 
 commissioners: duties, &c,: certificate 11 23 379 
 
 title of board : term of office: oath : vacancies 12 23 380 
 
 pharmacists to be registered , 13 23 380 
 
 who deemed registered 14 23 380 
 
 who competent and entitled to be registered.. 15 23 380 
 
 fees for certificate and registration 16 23 381 
 
 business of, after death 17 23 381 
 
 who permitted to compound and dispense 
 
 prescriptions 18 23 381 
 
 adulterating or weakening officinal medicines 
 
 or selling such 19 23 881 
 
 PHILA., WILM. & BALTO. R. R.— 
 
 tracks in city 246-248 40 826-828 
 
 PHYSICIAN— 
 
 of Marine Hospital 131 23 424 
 
 powers of, decision, no<e 28 437-441 
 
 physicians' duties as to registration of births 
 
 anddeaths 1-10 41 834-837 
 
Index. 1261 
 
 PICKPOCKETS— SEC. art. page 
 
 on cars, &c 26 38 707 
 
 PIPES— 
 
 see Water 68 
 
 PJTTSBURG AND CONNELLSVILLE R. R. 
 
 contract, &c., with city 41 46 940-942 
 
 PISTOLS— 
 
 firing prohibited 112 47 1082 
 
 carrying concealed 22 38 705 
 
 PLATS— 
 
 of markets 61 35 644 
 
 ofcity 2 48 1052 
 
 to be returned by surveyor to comptroller... 8 48 1056 
 
 PLUGS— 
 
 fire, obstructing 28 20 291 
 
 see Water 58 
 
 POIilCE— 
 
 maintaining 7 1 6 
 
 to pass free over ferry 7 18 269 
 
 and fire alarm telegraph 8-9,81-40,15 20,88 288,298-297, 
 
 708 
 
 summons from fire inspector to 4 20 280 
 
 to inform fire inspector of unoccupied houses 42 20 298 
 
 fires aboard ships 51 20 300 
 
 to suppress gaming 4 21 311 
 
 to execute orders of board of health 8 23 887 
 
 unrecognized dead bodies 74 23 406 
 
 vaccine physicians to attend wounded 123 23 422 
 
 reports of, as to garbage 99 23 415 
 
 to arrest boys escaped from House of Refuge 1 26 468 
 
 to attend markets and aid clerks 7 36 630 
 
 to prevent injury to Institute building 88 35 657 
 
 inspection of privies by 79 23 408 
 
 arrest by, of nightman violating health ordi- 
 nance, decision, no^c 28 412 
 
 powers of board, decisions, «o<c* 38 710-713 
 
 duty as to harbor 61 22 848 
 
 in parks 5,19 37,38 681,704 
 
 power of corporation to pass ordinances to 
 preserve order, secure property, &c.: not 
 
 to interfere with powers of board of 1 38 690 
 
 responsibilities, &c., of mayor, &c 20 38 705 
 
 examination of persons arrested 21 88 705 
 
1262 Index. 
 
 POLICE— Goniinued. 
 
 carrying concealed weapons 
 
 militia 
 
 registration 
 
 races 
 
 thieves and pickpockets 26-27 
 
 mayor authorized to offer reward for persons 
 
 charged with murder, arson, &c 
 
 duty of police in relation to retail liquor shops 
 
 fortune-telling 
 
 water , 12,1,5 
 
 duty as to water ordinances 
 
 notice from, as to lumber in streets 
 
 duty of, as to removal of ice and snow from 
 footways, note 
 
 POLICE COMMISSIONERS— 
 
 to fix rates of fare for hackney carriages 
 
 rates of fare, note 
 
 report of coroner to 
 
 as to election precincts 
 
 powers at elections..,. 10, 16-27 
 
 jurisdiction over premises of State cattle scales 
 
 power of corporation to pass ordinances: not 
 to interfere with 
 
 election of, removal, &c.: salary: bond: oath 
 
 president and treasurer of board : vacancy : 
 removal 
 
 clerk of, his duties : bond: salary 
 
 duties and powers of board 
 
 board to enroll, &c., police force : what police 
 to consist of: pay : term : commission : 
 dismissal : qualifications : absence from 
 duty 
 
 clerk to marshal, salary: bond 
 
 to estimate sum necessary for discharge of 
 duties : police tax : certificates of indebted- 
 ness : estimates of expenses, decision, note, 
 
 sheriff's duty 
 
 vacancies among officers 
 
 no gratuity to be received 
 
 proceedings : receipts and disbursements : re- 
 ports ; 12 38 701 
 
 treasurer to give bond: account to be ren- 
 dered « , 18 38 701 
 
 SEC. ART. 
 
 PAQB 
 
 22 
 
 38 
 
 706 
 
 23 
 
 38 
 
 706 
 
 24 
 
 38 
 
 706 
 
 25 
 
 38 
 
 706 
 
 6-27 
 
 38 
 
 707-708 
 
 1 
 
 38 
 
 709 
 
 2 
 
 38 
 
 709 
 
 3 
 
 38 
 
 709 
 
 1,5 
 
 53 
 
 1126,1129, 
 1131 
 
 45 
 
 53 
 
 1144 
 
 119 
 
 47 
 
 1034 
 
 127 
 
 47 
 
 1037-1038 
 
 4 
 
 8 
 
 128 
 
 
 8 
 
 128 
 
 4 
 
 12 
 
 171 
 
 1-3 
 
 17 
 
 248 
 
 )-27 
 
 17 
 
 253, 255, 264 
 
 51 
 
 28 
 
 494 
 
 1 
 
 38 
 
 690 
 
 2 
 
 38 
 
 691 
 
 3 
 
 38 
 
 692 
 
 4 
 
 38 
 
 698 
 
 5 
 
 38 
 
 698 
 
 6 38 
 
 694 
 
 7 88 
 
 696 
 
 8 38 
 
 698 
 
 9 38 
 
 698 
 
 10 38 
 
 699 
 
 11 38 
 
 100 
 
Index. 1263 
 
 POLICE — Continued. seo. art. paob 
 
 board may close bar-rooms, &c 14 38 702 
 
 powers of, as to property, police districts, &c. 15 88 708 
 
 disposition of property seized, &c 16 38 703 
 
 duty of marshal : report 17 88 704 
 
 release of persons committed, &c 18 88 704 
 
 park police 5,19 37,38 • 681,704 
 
 POLITICAL— 
 
 parades after dark 130 47 1089 
 
 POOR— 
 
 powers and duties of trustees of 1-29 2 66-72 
 
 payments to trustees of 2 73 
 
 see Bay view Asylum 2 
 
 PORCHES— 
 
 porticos, &c,, on streets 8, 17 7 109, 114 
 
 PORT WARDEN'S LINE— 
 
 regulations fjr wharves, extensions, piers, &c. 97 22 867 
 
 act of 1876, and report thereunder, note 22 867-869 
 
 PORTICOS— 
 steps, &c., at Mount Vernon or Washington 
 
 Place 48 45 897 
 
 fronting on streets 3,17 7 109,114 
 
 POSTS— 
 
 lettered, permitted 34 7 121 
 
 POTATOES— 
 
 how sold 18 28 614 
 
 POTTER'S FIELD— 
 
 control of interments in, &c 4, 73,74 12,23 172,406 
 
 PRECINCTS— 
 
 and wards 38,1 1,17 25-58,248 
 
 PREVENTION— 
 
 of cruelty to animals, society for. 4 15 241 
 
 of fires 44-61 20 298-800 
 
 PRINTER— 
 clerks' duty to furnish proceedings, &c., to 
 
 city 15 1 19 
 
 how journal, &c., to be printed 16 1 19 
 
 to deliver journals, &c., to clerks of council.. 17 1 19 
 
 printing of ordinances, &c 22 1 20 
 
 city 1-3 39 714-716 
 
1264 Index. 
 
 peiyies— 8b0. abt. fa»e 
 
 construction of frame 5 7 110 
 
 removing contents of, without license : when 
 license revoked : subject to board of health: 
 
 statistics: places of deposit 75 23 407 
 
 licenses for emptying : cost: bond 76 23 407 
 
 when ta be cleaned in daytime 77 23 408 
 
 permit from board of health : bond 78 23 408 
 
 when privies to be cleaned 79 23 408 
 
 notice from board of health 79 23 408 
 
 inspection of, by police ; when nuisance 79 23 408 
 
 arrest of nightman for violating ordinance as 
 
 to places of deposit, decision, note 23 412 
 
 of public schools, noie 23 412 
 
 over lakes, dams, &c 15 53 ii27 
 
 public springs protected from.,... ... 80 23 409 
 
 vaults of, to be made impervious to water... 80 23 409 
 when health commissioner to notify owners 
 
 of property to remove 81 23 410 
 
 to be repaired, &c 82 33 418 
 
 pipes and sewers to drain 83 23 410 
 
 not to be erected on Jones' Falls, Harford run, 
 
 &c. 84 23 410 
 
 vaults of, under pavements : notice 85 23 411 
 
 notice to fill up vault under pavement, &c... 86 23 411 
 how privies to be cleaned : where manure to 
 
 be deposited 87-88 23 411-412 
 
 complaints 89 23 412 
 
 manure at city pier in back basin 90 23 412 
 
 removal of manure, &c 91-106 23 413-417 
 
 PROPERTY— 
 
 insurance of city 4^7 n 169,161 
 
 city, destroyed by fire 6 11 160 
 
 savedfromfire 6 20 281 
 
 of city 2 1 9 
 
 sale or lease of city.. 2,14 1,46 10,908 
 
 devise, deed, &c,, of, to city for charitable, 
 
 &c., purposes 2 1 H 
 
 comptroller's duty as to city 4 n 159 
 
 purchased, sold for taxes 8-10 11 161-162 
 
 money, &c., deposited by coroner 4 12 171 
 
 examiner to examine title to 10-12 13 177-178 
 
 who deemed owners of, under health ordi- 
 nances 25 23 392 
 
 contracts for construction, &c., of city 23-25 7 116-117 
 
Index. 1265 
 
 proposals bec. aet. page 
 
 for city contracts 51-62 1 63 
 
 for coDstructing or repairing city buildings. .. 26 7 117 
 
 Bee Streets 47 
 
 PUMPS— 
 
 power to erect, &c 19 53 1128 
 
 control of water board over, &c 50-66 63 1146-1151 
 
 private 47-49 63 1144-1145 
 
 QUARANTINE AND MARINE HOSPITAL— 
 
 vetisels in quarantine 49 22 848 
 
 contracts by physician 18 28 888 
 
 physician: duties 181-132 23 424-425 
 
 assistant to 132 28 425 
 
 limits of 133 23 426 
 
 how vessels to come within limits : to be 
 boarded : within what period : passengers : 
 cargo : vessel not to be removed 133 23 426 
 
 vessels to be purified 134 23 427 
 
 duties of commanders, captains and pilots in 
 regard to infectious diseases : when passen- 
 gers not to be landed, nor baggage, &c., 
 interrogatories to be answered 135 23 427 
 
 power of board of health to send sick to 
 hospital 136 23 429 
 
 certain damaged articles not to be brought 
 into city : removal to quarantine and ven- 
 tilation 137 23 429 
 
 steam vessels exempt : exception 138 23 480 
 
 vessels free from epidemic or contagious dis- 
 ease 139 23 480 
 
 what persons to be sent to hospital 140 23 480 
 
 baggage, &c., to be purified : communication 
 
 with citizens to be prevented 140 23 480 
 
 expenses of purification, &c., how to be paid. 141 23 481 
 
 expense of maintaining passengers, how pro- 
 vided for 142 23 482 
 
 penalty on refusal of captain to comply with 
 order of hospital physician : penalty upon 
 leaving vessel without consent of hospital 
 physician : upon going aboard vessel with- 
 out consent of hospital physician : duty of 
 board of health in cases of infectious dis- 
 ease : penalty on refusal to obey orders in 
 such cases. .........••....•••»..•••«..••••••« 1^3 23 432 
 
1266 Index. 
 
 QUARANTINE AND MARINE HOSPITAL— Continued. 
 
 SEC. ART. PAGE 
 
 fees to be collected for visiting vessels : pen- 
 alty on refusal to pay same 144 23 433 
 
 salary of hospital physician 146 23 484 
 
 boatmen, &c., to be employed 146 23 434 
 
 charges to be paid for board, &c., at hospital : 
 
 how and of whom to be collected 147 23 434 
 
 hospital physician to obtain supplies: to draw 
 
 on comptroller : see Appendix 148 23 435,1167 
 
 goods, &c., to be disinfected; to be returned 
 
 in good order: expenses to be paid 149 23 485 
 
 condition of passengers to be examined 150 23 435 
 
 passengers and crew to be vaccinated: all 
 
 moneys to be paid to register 151 23 436 
 
 duty of harbor masters to report to board of 
 
 health 152 23 436 
 
 visiting committee : duties 153 23 437 
 
 committee to be carried to and from hospital 154 23 437 
 
 powers of physician at Marine Hospital, de- 
 cision, note , 23 437-441 
 
 RACES— 
 
 police at 25 38 706 
 
 Maryland jockey club 25 38 707 
 
 horse, prohibited in city 6 21 312 
 
 RAILROADS— 
 
 cars to have bells 10 8 134 
 
 carriages, &c., not to obstruct passenger cars. 17 8 136 
 
 thieves on 26-27 38 707-708 
 
 power of mayor and council to construct, on 
 
 streets 1 40 722 
 
 cars 1-10 40 723-726 
 
 tracks and switches 11-12 40 726 
 
 locomotive engines 13-18 40 726-728 
 
 speed through streets, decision, note 40 728 
 
 how constructed on streets 19-22 40 728-730 
 
 tracks across bridges 23 40 730 
 
 right of way 24-26 40 730 
 
 city passenger railway 27-58 40 730-742 
 
 acts of assembly, no^c 40 742-746 
 
 decisions, note 40 746-748 
 
 citizens' railway 59-77 40 743-754 
 
 acts of assembly, TWfe ,..,., 40 754-755 
 
 decision, nofe., 40 766-766 
 
Index. 
 
 1267 
 
 RAILROADS — Continued. sec. abt. 
 
 Baltimore, Peabody Heights & Waverly 78-91 40 
 
 act of assembly, note 40 
 
 Baltimore and Yorktown turnpike road 92-102 40 
 
 acts of assembly, notes 40 
 
 decisions, notes 40 
 
 reduction of tax, &c 103-107 40 
 
 people's passenger railway 108-116 40 
 
 act of assembly, note 40 
 
 Druid Hill Park railway 117-118 40 
 
 on Madison avenue extended, nofe 40 
 
 Baltimore and Hall's Springs Railway 119-130 40 
 
 acts of assembly, noie 40 
 
 Baltimore aad Herring Run 131-137 40 
 
 Baltimore and Randallstown Horse 138-141 40 
 
 decision, note 40 
 
 Baltimore and Ohio 142-190 40 
 
 decisions, note 40 
 
 Baltimore and Potomac 191-208 40 
 
 decisions, note 40 
 
 Northern Central 204-245 40 
 
 decisions, twtes 40 
 
 Philadelphia, Wilmington and Baltimore 246-248 40 
 
 decisions, note 40 
 
 Union 249-251 40 
 
 decision, note 40 
 
 Western Maryland 252 40 
 
 decision, note 40 
 
 Baltimore Calverton and Powhatan, note 40 
 
 Baltimore, Catonsville and EUicott's Mills 
 
 Passenger, note 40 
 
 decision, note 40 
 
 Baltimore and Delta, note 40 
 
 Baltimore, Hampden and Lake Roland, note.. 40 
 
 Baltimore, Highlandtown and Riverside, note 40 
 
 Baltimore and Pikesville, note 40 
 
 C-irrollton avenue, note 40 
 
 live stock brought to city by, on Sunday 1 42 
 
 see Stocks, Loans and Finance 46 
 
 RATES— 
 
 water 12,15-24 53 
 
 of fare for hacks 4 8 
 
 PAGE 
 
 755-762 
 
 760 
 
 762-766 
 
 762, 763, 766 
 
 763-776 
 
 767-768 
 
 768-773 
 
 768 
 
 773 
 
 773-774 
 
 774-777 
 
 774 
 
 777-780 
 
 780-781 
 
 780 
 
 780-781 
 
 800-801 
 
 801-808 
 
 807 
 
 808-825 
 
 814. 825 
 
 826-828 
 
 828-829 
 
 829-830 
 
 830 
 
 831 
 
 831 
 
 881 
 
 831-832 
 832 
 832 
 832 
 832 
 832 
 833 
 841 
 
 1125,1134- 
 
 1138 
 
 128 
 
1268 
 
 Index, 
 
 EECOEDS— 
 
 public papers to be filed and recorded 
 
 when to be taken out of oflBce 
 
 copies of: fees for same 
 
 librarian keeper of 
 
 comptroller keeper of deeds to city 
 
 of deeds by clerk of Superior Court 
 
 of inspector, &c., of gas meters 
 
 of keepers of standards of weights and mea- 
 sures 
 
 of surveyor 
 
 of water engineer 
 
 see Librarian 
 
 EEDEMPTION— 
 
 and sale of property by collector of taxes., 
 decisions as to proceedings, note 
 
 EEFUSE MATERIAL— 
 comptroller to take charge of, &o. 
 
 EEGISTEE— 
 
 how appointed 27,40, 17 
 
 how commissioned , 
 
 how removable 
 
 journals, &c., of council to be delivered to, 
 
 when clerks of council to be paid by 
 
 journals of council to be delivered to 
 
 to have engrossed ordinances bound 
 
 to send copies of ordinances to heads of de- 
 partments 20 
 
 to examine proof sheets of ordinances and. 
 
 make index 22 
 
 to pay newspaper publishers 23 
 
 payments by 30, 26, 1 
 
 annual report of 33 
 
 ; to notify city officers as to expenditures 37 
 
 city contracts 51-54 
 
 as to city buildings 
 
 system of keeping accounts 
 
 Tuesdays and Fridays disbursing days... 
 
 appointed : bond 
 
 deputy: his bond : oath 
 
 when deputy may officiate , 
 
 council to fill vacancy : mayor to summon 
 
 the council to fill vacancy.,,,,, , 20 H 
 
 SEC. 
 
 ART. 
 
 PAGE 
 
 55 
 
 
 64 
 
 55 
 
 
 64 
 
 65 
 
 
 64 
 
 56 
 
 
 64 
 
 57 
 
 
 65 
 
 12 
 
 14 
 
 187 
 
 10 
 
 28 
 
 519 
 
 86 
 
 28 
 
 528 
 
 6-8 
 
 48 
 
 1055-1056 
 
 13 
 
 53 
 82 
 
 1133 
 
 5-10 
 
 49 
 
 1061-1063 
 
 
 49 
 
 1063-1064 
 
 11-13 
 
 11 
 
 162 
 
 40,17 
 
 
 15,59,168 
 
 27 
 
 
 15 
 
 27 
 
 
 15 
 
 18 
 
 
 18 
 
 13 
 
 
 18 
 
 17 
 
 
 19 
 
 19 
 
 
 19 
 
 24 
 
 
 30 
 
 1 
 
 31 
 
 
 17 
 
 
 18 
 
 
 19 
 
 
 20 
 
 20 
 20 
 
 23, 167 
 
 23 
 
 24 
 
 62-64 
 
 117 
 
 168-169 
 
 168 
 
 168 
 
 164 
 
 164 
 
 164 
 
Index. 1269 
 
 BEQISTEE.— Continued. pec. abt. pagb 
 
 further duties : how to dispose of and draw 
 
 for money : accounts : to report to council 22 11 166 
 
 when authorized to obtain advances from 
 
 bank 23 11 166 
 
 when he may borrow 24 11 166 
 
 duty as to claims against the city 25 11 166 
 
 payments 30,26 1,11 28,167 
 
 office hours 27 11 167 
 
 clerk and assistant clerks : compensation : 
 
 extra assistance 28 11 167 
 
 compensation of, and deputy : fees, how dis- 
 posed of 29 11 167 
 
 payment to, from State treasurer 29 11 167 
 
 keeper of seal 59 1 65 
 
 fees for seal 21 11 165 
 
 powers and duties of, as to foreign passengers 1-13 27 471-475 
 
 payments by, to trustees of the poor 12 78 
 
 disbursements by, for deepening, &c., harbor 
 
 and channel 1 6 106 
 
 to provide numbers for carriages, &c 30 8 140 
 
 to give notice of carriage, &c., license law 36 8 142 
 
 comptroller to account to, for licenses 4 11 159 
 
 repair of city property destroyed by fire 6 11 160 
 
 when payment to, of balance from property 
 
 sold for taxes 10 11 161 
 
 proceeds from sale of refuse material 11 11 162 
 
 interment of dead after coroner's inquest, ex- 
 penses of, when paid by 3 12 171 
 
 statements from justices to city register of 
 
 accounts of city fines 93 14 227 
 
 report from superintendent of court house 
 
 and record office to 3 14 286 
 
 payment of expenses about court house, by.. 37 14 237, 238 
 
 returns of judges of election for municipal 
 
 officers, to 1 17 264 
 
 to pay costs, &c., in actions for fines 3, 4, 10 19 274, 275 
 
 copies of superseded judgments to be filed 
 
 with 8 19 275 
 
 list of fines remitted to 9 19 276 
 
 requisitions for money from harbor and river 
 
 relief board on State comptroller and city.. 61 22 329 
 
 monthly returns from harbor masters to.20, 31, 60, 83 22 341, 343, 353, 
 
 360 
 
 to fornisb harbor mastesrs' books „ 85 2Z 844 
 
1270 Index. 
 
 UEGlSTEBr-Continued. sec. aet. page 
 proceeds from sale of goods on wharves to be 
 
 paid to 80 22 859 
 
 payr&ents to harbor board 17 22 339 
 
 to approve bond of nightmen "76 23 407 
 
 to pay health commissioner 10 23 387 
 
 payments by marine hospital physician to... 
 
 181,144,147,151 23 424,438,435, 
 
 436 
 when marine hospital physician may draw 
 
 on register, see Appendix 148 23 435,1167 
 
 to pay superintendents weekly 109-110 23 418 
 
 appropriation for association of defenders 2 24 442 
 
 return of commissioners of pensions war 1812 3 24 443 
 
 payments to hospitals, &c 10, 14, 17 25 449, 451 
 
 return from standard keepers to 38 28 529 
 
 clerks of courts to furnish names of jurors to, 1 31 567 
 
 certificate from juror to 2 31 569 
 
 duty as to pawnbrokers 36 83 589 
 
 accounts from clerks of markets to 4 85 630 
 
 duty of, as to schools 13,17 43 851,853 
 
 payment of salaries of school teachers, &c.... 19 43 853 
 
 duty as to public school fund 25 43 855 
 
 assessments for paving, &c.,ia front of schools 
 
 paidby 26 43 855 
 
 duty as to sewers 5,8,9,22 44 866,869,871, 
 
 .876 
 
 as to squares and springs 3 45 881 
 
 certificates of stock 1-7 46 905-907 
 
 stock lists: transfers 4 46 906 
 
 payment to, for permit to construct vault or 
 
 area 99 47 1028 
 
 payment to, of purchase money of property 
 
 sold for taxes 7 49 1062 
 
 duty of, as to Appeal Tax Court 18,20-21 49 1066,1067 
 
 compensation of 22 49 1067 
 
 payments to, by water registrar 7-9 58 1181-1132 
 
 see Stocks, Loans and Finance 46 
 
 see Streets and City Commissioner 47 
 
 see Taxes 49 
 
 see Water 53 
 
 REGISTER OF WILLS— 
 
 term of office, &c 15,48-50 14 189,208-209 
 
 REGISTRAR— 
 
 water 6-12 63 1131-1133 
 
Index. 
 
 1271 
 
 REGISTRATION— beo. 
 
 of voters, note 24 
 
 police at offices of 24 
 
 of births and deaths 1_10 
 
 REMOVAL— 
 
 of justices' cases, decisions, note 
 
 REPORTS— 
 
 from city officers 33-34 
 
 of superintendents of chimney sweepers 17 
 
 from comptroller as to accounts 2 
 
 from comptroller as to contracts, appropria- 
 tions, &c 4 
 
 from register to council : 22,25 
 
 from solicitor to council 3 
 
 from superintendent of court bouse and record 
 
 office to register 3 
 
 of judgments for defendants in actions for 
 
 fines, to mayor 2 
 
 from fire commissioners to mayor and council 3 
 
 from chief engineer to fire commissioners 16 
 
 from superintendent of alarm telegraph to 
 
 fire commissioners 36 
 
 of fire inspector 4i 
 
 from harbor and river relief board to legisla- 
 ture and mayor and city council 50 
 
 from harbor board 7 
 
 of vaccine agent to governor 29 
 
 from health commissioner 10 
 
 from health commissioner as to slaughter- 
 houses 66 
 
 from marine hospital physician 131 
 
 from harbor masters to board of health. 152 
 
 from street superintendents 109-110 
 
 from police as to garbage 99 
 
 from pension commissioners war 1812 3 
 
 from corporation to State comptroller as to 
 
 auction duties 44 
 
 from register as to 1 
 
 from inspector of buildings 21 
 
 from coroners to police commissioners 4 
 
 from fire inspector to State's attorney 4 
 
 false,from inspector of oils 21 
 
 from Houses of Refuge and Reformation to 
 
 General Assembly ., 3,15 
 
 , ABT. 
 
 PAGE 
 
 17,38 
 
 263, 706 
 
 38 
 
 706 
 
 41 
 
 834-837 
 
 14 
 
 14 
 
 220-222 
 
 1 
 
 23-24 
 
 9 
 
 163 
 
 11 
 
 158 
 
 11 
 
 159 
 
 11 
 
 166 
 
 13 
 
 176 
 
 286 
 
 19 
 
 - 274 
 
 20 
 
 286 
 
 20 
 
 290 
 
 20 
 
 295 
 
 20 
 
 297 
 
 22 
 
 328 
 
 22 
 
 885 
 
 23 
 
 887 
 
 23 
 
 887 
 
 23 
 
 404 
 
 23 
 
 424, 433 
 
 23 
 
 436 
 
 23 
 
 418 
 
 23 
 
 415 
 
 24 
 
 443 
 
 6 
 
 105 
 
 6 
 
 106 
 
 7 
 
 116 
 
 12 
 
 171 
 
 20 
 
 280 
 
 20 
 
 284 
 
 26 
 
 456, 460 
 
1272 
 
 Index. 
 
 REPORTS— Confo'nucd, sec. art. 
 
 from House of Good Shepherd to governor... 35 26 
 
 from collector of taxes to Circuit Court 10 49 
 
 from inspector and sealer of gas meters to 
 
 mayor 10 28 
 
 from inspector of illuminating gas to mayor, 13 28 
 
 of city inspectors 19 28 
 
 from standard keepers to register 38 28 
 
 from visitors of jail 24 29 
 
 from trustees of McDonogh fund 7 84 
 
 from clerks of markets to mayor 4 35 
 
 from park commissioners 5 37 
 
 from trustee to court under mortgage pro- 
 ceeding 5 36 
 
 from marshal of police to board.. 17 38 
 
 from school commissioners to State board 2 43 
 
 from superintendent of public instruction to 
 
 council 11 43 
 
 to school commissioners 7 43 
 
 from school commissioners to council 14 43 
 
 from sewer commissioners 17 44 
 
 from commissioners of finance 13 46 
 
 from surveyor to mayor 6 48 
 
 to mayor, from Appeal Tax Court 6, 17 49 
 
 from water board to city council 3 63 
 
 of water engineer and registrar 8, 12, 14 53 
 
 of water oflBcers 22 53 
 
 RESOLUTIONS— 
 
 how made evidence 12 1 
 
 to employ extra counsel 6 13 
 
 see Ordinances..... 
 
 REWARD— 
 
 offered by chief engineer of fire department... 11 20 
 
 by fire inspector 43 20 
 
 by mayor for arrest of murderers, &c 1 38 
 
 RICE— 
 
 damaged, not to be brought into city 137 23 
 
 RICHMOND MARKET— 
 
 rent of unoccupied stalls 119 36 
 
 limits of. 116 36 
 
 bond of clerk 117 35 
 
 stalls „ 118 86 
 
 PAGE 
 
 467 
 1062 
 
 520 
 621 
 623 
 529 
 638 
 696 
 630 
 678 
 
 669 
 704 
 844 
 
 861 
 850 
 862 
 875 
 908 
 
 1055 
 1072, 1077 
 
 1030 
 1180, 1132. 
 
 1184 
 
 1137 
 
 12 
 
 177 
 
 28d 
 
 298 
 709 
 
 429 
 
 664 
 666 
 666 
 666 
 
iNDKi. 
 
 1273 
 
 RIGHT OF WAY— sec. art. 
 
 on tracks of city railways 24-29 40 
 
 ROBIXS- 
 
 aparrows, wrens, &c., protected 123 47 
 
 ROCKETS— 
 
 prohibited 45_47 20 
 
 RONDO TABLE— 
 
 license for 1_2 33 
 
 ROOFING— 
 
 ciiemical preparation for, prohibited in city, 54 23 
 
 slate and other 16 7 
 
 RUBBISH— 
 
 in streets prohibited 101 23 
 
 RULE DAYS— 
 
 decisions on law of, notes 14 
 
 SABBATH— 
 
 drivers of carriages, &c., not to seek employ- 
 ment on 14 8 
 
 wagons, &c,, not to stand in streets on 15 g 
 
 bathing on 96 22 
 
 market houses to be cleaned on 113.3 26,35 
 
 cars not to remain on streets on 1 40 
 
 passenger cars to run, note 29 40 
 
 York road cars to run on, note 40 
 
 observance of. I 42 
 
 decisions, notes 42 
 
 selling, giving away, &c., liquors, cigars, &c.: 
 
 license: exceptions 2 42 
 
 keeping open dancing saloons, opera houses, 
 
 ten-pin al'eys, barber shops, &c., on 8 42 
 
 driving cattle, &c., through the streets on: 
 
 exceptions 1 42 
 
 selling fruit, liquor, &c., on 2 42 
 
 sporting and gaming on 3 42 
 
 bands of music not to parade on 4 42 
 
 light on Sunday night 92 47 
 
 SAINT MARY'S INDUSTRIAL SCHOOL— 
 
 forboys 26-27 26 
 
 SALARIES— 
 
 of mayor 1 1 
 
 of mayor ex-officio 2 1 
 
 of secretary to the mayoralty 4 1 
 
 PAOE 
 
 780 
 
 1035 
 
 299 
 
 679 
 
 400 
 114 
 
 416 
 
 194-200 
 
 186 
 186 
 
 366 
 419. 628 
 728 
 732 
 768 
 &88 
 838, 840 
 
 839-840 
 
 840 
 
 841 
 841 
 841 
 841 
 
 1027 
 
 464-466 
 
 16 
 
 16 
 
 • 16 
 
1274 
 
 Index. 
 
 8 ALARlFiS— Continued. sec 
 
 of clerk to mayor 5 
 
 of city messenger 2 
 
 of watchmen at city hall... 'V4 
 
 engineers and firemen 6 
 
 pay of members of council 11 
 
 what salaried officials to give bind 46 
 
 not to be increased or diminished during term 
 
 of office 47 
 
 extra compensation 48 
 
 when paid ,... 49 
 
 of almshouse officers 7,14 
 
 of inspector of buildings and clerk 20 
 
 feesof superintendents of chimneysweepers.. 5. 11 
 
 of comptroller 1 
 
 of superintendent of city hall 1 
 
 of clerks to comptroller 14 
 
 comptroller's duty as to 4 
 
 of register 29, 22 
 
 of deputy register 29 
 
 of register's clerks 28 
 
 of coroner 1 
 
 of counselor .*. 7 
 
 of solicitor 7 
 
 of examiner of titles 13 
 
 of judges of Supreme Bench 5, 1 
 
 of clerks of courts 11, 60 
 
 of judges of Orphans' Court 14, 45 
 
 of States' attorney... 21 
 
 of officers of thg courts 25, 61-67 
 
 of biiiliff of Orphans' Court 46 
 
 of stenographers 69 
 
 of sheriff 72 
 
 of justices at station houses 86,87, 88 
 
 fees, &c., of justices and constables 100-104 
 
 of superintendent of court house and record 
 
 office 6 
 
 of watchman of court house and record office.. 6 
 
 of janitor of the Orphans's court 8 
 
 of janitor of masonic hall 9 
 
 of watchmen of masonic hall 10 
 
 of officers of fire department, 6 
 
 of officers of police and alarm telegraph 32, 34 
 
 of*fire inspector paid by insurance compa- 
 nies 41 
 
 ABT. 
 
 PAGE 
 
 1 
 
 17 
 
 10 
 
 155 
 
 10 
 
 155-156 
 
 10 
 
 156 
 
 
 18 
 
 
 61 
 
 
 61 
 
 
 01 
 
 
 62 
 
 2 
 
 68,69 
 
 
 115 
 
 9 
 
 149,151 
 
 11 
 
 158 
 
 10 
 
 154 
 
 11 
 
 162 
 
 11 
 
 160 
 
 11,49 
 
 167, 1067 
 
 11 
 
 167 
 
 11 
 
 167 
 
 12 
 
 170 
 
 13 
 
 176 
 
 13 
 
 176 
 
 13 
 
 178 
 
 14 
 
 184,233 
 
 14 
 
 187,212 
 
 14 
 
 188,208 
 
 14 
 
 191 
 
 14 
 
 192,212-214 
 
 14 
 
 208 
 
 14 
 
 214 
 
 14 
 
 217 
 
 14 
 
 223-225 
 
 14 
 
 228-232 
 
 14 
 
 237 
 
 14 
 
 237 
 
 14 
 
 238 
 
 14 
 
 238 
 
 14 
 
 239 
 
 20 
 
 287 
 
 20 
 
 294-295 
 
 20 
 
 287 
 
Index. 
 
 1275 
 
 SALARIES — Continued. sec. / 
 
 of harbor masters 11-12,20,31 
 
 of wharfingers 27, 33 
 
 of engineer, clerks, &c., of harbor board.... 9 
 
 keeper of Barman's bridge 92 
 
 keeper of draw bridge 94 
 
 of vaccine agent 21 
 
 of health commiBsiouer and assistant 2 
 
 of vaccine physicians 122-123 
 
 of marine hospital physician and assistant .. 145, 132 
 
 of boatmen, &c., at marine hospital 146 
 
 of superiutendent of streets, laborers, Sec... 
 
 109,113,116,117 
 of general superintendent of lamps and in- 
 spector, &c., of gas meters.. 5, 9, 10 
 
 of inspector of illuminating gas 17 
 
 of keepers of standards of weights and mea- 
 sures 88, 89 
 
 pay and fees of warden of jail 15 
 
 of warden and assistants 22 
 
 pay of jurors 28.2 
 
 of librarian and assistant 3, 10 
 
 of clerks of markets, assistant keepers and 
 
 cleaners 58 
 
 fees of gauger of casks and liquors 10 
 
 inspectors of hay and straw 15, 20, 23, 2G, 28 
 
 weigher and clerk of live stock 46, 47 
 
 inspectors of steam boilers 70 
 
 weighers of grain 88 
 
 measurer of wood carts 101 
 
 superintendent of Putterson Park 1 
 
 of police comcnissioners 2 
 
 of clerk to police com m issioners 4 
 
 of police force 6 
 
 clerk to marshal of police 7 
 
 city printer 3 
 
 of teachers in public schools 2,14 
 
 of secretary to school commissioners 6 
 
 of superintendent of public instruction 11 
 
 ©f assistant superintendent 12 
 
 of school teachers, &c., paid by register 19 
 
 of clerk, &c., to commissioners for sewers 4 
 
 of keepers of squares and springs 4 
 
 aT. 
 
 PAGE 
 
 22 
 
 319,341,343 
 
 22 
 
 322, 323 
 
 22 
 
 336 
 
 22 
 
 363 
 
 22 
 
 365 
 
 23 
 
 882 
 
 23 
 
 385 
 
 28 
 
 422 
 
 23 
 
 484, 425 
 
 23 
 
 484 
 
 23 
 
 418,419,420 
 
 28 
 
 618,519-520, 
 
 
 1166 
 
 28 
 
 522 
 
 28 
 
 527, 529 
 
 29 
 
 536 
 
 29 
 
 538 
 
 31 
 
 565, 569 
 
 32 
 
 671,573 
 
 85 
 
 646-648 
 
 28 
 
 482 
 
 28 
 
 483,484,485 
 
 
 486,487 
 
 28 
 
 492, 493 
 
 28 
 
 501 
 
 28 
 
 506 
 
 28 
 
 510 
 
 37 
 
 685 
 
 38 
 
 691 
 
 38 
 
 698 
 
 38 
 
 695 
 
 38 
 
 696 
 
 39 
 
 715 
 
 43 
 
 844, 852 
 
 48 
 
 849 
 
 43 
 
 851 
 
 43 
 
 861 
 
 43 
 
 858 
 
 44 
 
 866 
 
 45 
 
 881 
 
1276 Index. 
 
 SALARIES — Continued. pec. abt. page 
 of commissioners for opening streets and 
 
 clerk, &c 23 47 1007 
 
 of city commissioner and assistant and clerk.. 63 47 1019 
 
 of superintendents of lamps and lamplighters 93 47 1027 
 
 of surveyor 5 48 1054 
 
 of judges of Appeal Tax Court 16,22,1 49 1066,1067, 
 
 1070 
 
 of collector of State taxes 23,28 49 1068,1069 
 
 of clerks and assessor to Appeal Tax Court.. 1 49 1071 
 
 of collector's bailiffs 14 49 1075 
 
 of city collector and officers ...... 59 49 1090 
 
 of officers of water department 5 53 1030 
 
 SALES— 
 
 or leases of city property 2,14 1,46 10,908 
 
 and redemption of property for taxes 5-10 49 1061, 1063 
 
 decisions as to, note 49 1063-1064 
 
 by city collector, decisions, no/c* 49 1092-1093 
 
 SALT— 
 
 not to be used to melt ice or snow 126 47 1038 
 
 SALVAGE CORPS— 
 
 right of way to 29 20 293 
 
 not to be interfered with going, &c., to fires.. 30 20 293 
 
 SCALES— 
 
 for hay and straw '. 14 28 483 
 
 for live stock 37 28 490 
 
 keeper of standard 21-39 28 523-529 
 
 in markets 44 35 642 
 
 SCHOOLS— 
 
 pupils to be vaccinated 26 23 384 
 
 vaccine physicians to grant certificates for 
 
 children to enter..... 124-125 23 422 
 
 mayor and council to establish : powers 1 43 843 
 
 powers of commissioners of public report to 
 
 State board 2 43 844 
 
 ordinances by mayor and council 8 43 844 
 
 taxes 4 43 844 
 
 State treasurer to pay schoolfund to city.... 5 43 844 
 
 acts of assembly, nofe , 43 844-845 
 
 decisions, noie 43 844,845 
 
 estates undistributed for want of representa- 
 tives to go to : Orphans' Court to order 
 
 payment to commissioners 6 43 845 
 
Index. 
 
 1277 
 
 SCHOOLS — Continued. bec. art. page 
 
 court to give notice before so onlering 7 43 845 
 
 release to be given to administrator 8 43 846 
 
 what obligation, release to contain : to be 
 
 recorded 9 43 846 
 
 if representatives appear, money 10 be re- 
 funded '10 43 846 
 
 rights of charitable marine societj' 11 43 846 
 
 how and when commissioners of public 
 
 schools appointed 1 43 847 
 
 terms of office of the several commissioners, 
 
 president and secretary 2 43 848 
 
 election of commissioners by council 3 43 848 
 
 expelling members of school board : vacan- 
 cies, how filled 4,6 43 848,849 
 
 president : secretary : salary of secretary : 
 
 quorum 6 43 8J9 
 
 superintendent of public instruction : his 
 
 duties: report 7 48 849 
 
 assistant superintendent of public schools: 
 
 term 8 48 850 
 
 duties 9 43 850 
 
 examination of applicants for positions as 
 teachers : superintendent's duty as to 
 
 teachers 10 43 850 
 
 salary of superintendent: report to council... 11 48 851 
 
 salary of assistant superintendent 12 43 851 
 
 duty of city register 13 43 851 
 
 powers and duties of commissioners: teachers, 
 books, &c.: by-laws and regulations: re- 
 port to council 14 43 852 
 
 board to have charge of public school build- 
 ings : repairs 15 43 852 
 
 rent of public school halls 16 43 852 
 
 revenue to be paid register.-. 17 43 853 
 
 members of board not to be interested in con- 
 tracts, &c 18 43 853 
 
 salaries: register 19 43 858 
 
 no charge for tuition : books and stationery.. 20 43 853 
 
 parents, &c., to be citizens of Baltimore 21 43 854 
 
 children of noD-tesidents : charges, how paid 22 43 854 
 
 books, how admitted and discontinued 23 43 854 
 
 bequests, &c., regulated : conditions 24 43 854 
 
 register's duty with regard to school fund 25 43 855 
 
 assessments for paving, &c.: how paid 26 48 855 
 
1278 Index. 
 
 SCEOOTjS— Continued. sec, art. page 
 
 annual apprip I iriations not to be exceeded 27 43 855 
 
 certificates, when to be conferred 28 43 856 
 
 to be paid out of school fund 29 43 856 
 
 certificates in female high schools 80 43 856 
 
 certificates, when to be given to certain pupils 31 43 856 
 
 floating school 32-37 43 857-858 
 
 schools for colored children 38-40 43 858-859 
 
 libraries 41-42 43 859 
 
 Peabody prizes, MOile 43 43 869 
 
 Johns Hopkins University 12-13 43 847 
 
 scows- 
 licenses, &c., for 1,28,80, 32,35 8 127,139, 140. 
 
 141,142 
 
 at wharves 67 22 355 
 
 SEAL— 
 
 of city 11 9 
 
 what to consist of. 58 1 65 
 
 register keeper of 59 1 65 
 
 fees of register for 59,21 1 65,165 
 
 of inspector and sealer of gas meters 8 28 517,1164 
 
 SECEETARY— 
 
 mayor's. 4,6 1 16,17 
 
 SEPTEMBER— 
 
 twelfth of 1 24 . 442 
 
 SEWERS— 
 
 to drain water closets 83 23 410 
 
 corporation to pave and keep in repair 1 44 862 
 
 obstructing 2 44 862 
 
 constructing, enlarging, &c.: powers of mayor 
 
 and council 3 44 862 
 
 benefits assessed : a lien 4 44 863 
 
 passage of ordinance : notice to be given 6 44 864 
 
 commissioners : notice to be given of object 
 
 ofordinance 6 44 864 
 
 tax: sinking fund 7 44 864 
 
 commissioners for opening streets and city 
 
 commissioner, board 1 44 864 
 
 oath of commissioners 2 44 865 
 
 oath to be recorded and certified to 3 44 865 
 
 clerk: proceedings to be recorded ; city solici- 
 tor : city surveyor : compensation : oath of 
 
 clerk, &c 4 44 865 
 
Index. 
 
 1279 
 
 SEWERS— Continued. sec. art 
 
 benefits derived : injuries sustiiined : assign- 
 ment to register or collector 5 44 
 
 constructing, opening, &c., notice : meeting 
 of commissioners : damages : award ; as- 
 sessment of ground. 6 44 
 
 when part of house or lot tajjea, &c.: five per 
 cent, stock ; notice ; public auction ; bond 
 of purchaser: when commissioners tore-sell 7 44 
 
 statement of damages: description: notice: 
 commissioners to review : to make correc- 
 tions: register to notify 8 44 
 
 right of appeal to City Court: subpoena duces 
 tecum to register: record of proceedings of 
 board : examination of witnesses : jury : 
 decisions to be entered on record of pro- 
 ceedings: evidence: costs 
 
 duty of collector 
 
 when collector to sell property : notice 
 
 under what conditions property sold : when 
 collector to re-sell 
 
 deed from collector ; purchase money 
 
 assessments, liens: consent in writing : dam- 
 ages, paid or invested 
 
 persons not claiming title may pay amount 
 assessed : certificate 
 
 when commissioners interested, temporary 
 appointment by mayor 
 
 time limited: report to mayor and council... 
 
 when work to be closed 
 
 unexpired term of years in lot 
 
 obstructions: suit for expenses 
 
 per diem to commissioners and clerk 
 
 papers and books to be deposited with register 
 
 survey of route.. 
 
 advertisement for proposals 
 
 contractors to give bond 
 
 penalty for obstructing 
 
 not to be tapped or opened 
 
 private: permission to construct 
 
 payment 
 
 powers of city commissioner 
 
 SEXTONS— 
 duties of, as to registration of deaths 8, 7 41 
 
 866 
 
 866 
 
 867 
 
 869 
 
 9 
 
 44 
 
 870 
 
 10 
 
 44 
 
 872 
 
 11 
 
 44 
 
 872 
 
 12 
 
 44 
 
 873 
 
 13 
 
 44 
 
 873 
 
 14 
 
 44 
 
 873 
 
 15 
 
 44 
 
 874 
 
 16 
 
 44 
 
 874 
 
 17 
 
 44 
 
 874 
 
 18 
 
 44 
 
 875 
 
 19 
 
 44 
 
 876 
 
 20 
 
 44 
 
 875 
 
 21 
 
 44 
 
 875 
 
 22 
 
 44 
 
 876 
 
 23 
 
 44 
 
 876 
 
 24 
 
 44 
 
 876 
 
 25 
 
 44 
 
 876 
 
 26 
 
 44 
 
 877 
 
 27 
 
 44 
 
 877 
 
 28 
 
 44 
 
 877 
 
 29 
 
 44 
 
 878 
 
 78 
 
 47 
 
 1023 
 
 885, 836 
 
1280 Index. 
 
 SHAVINGS— 8E0. ART. ]?AGfe 
 
 where to be deposited and burnt ,. 70 20 807 
 
 in streets prohibited 101 28 415 
 
 SHEEP— 
 
 cattle, swine, &c., driving through streets,. .,131-137 47 1039-1040 
 
 SHERIFF— 
 
 election of. 18 14 190 
 
 qualification: term of office: bond: vacancy 18 14 190 
 
 in criminal cases 27-32 14 204-206 
 
 pay of. 72 14 217 
 
 collection of officers ' fees by 73-75 14 217 
 
 election notices 21,3 17 258,264 
 
 subpoena to, from fire inspector 4 20 280 
 
 alphabetical list of licenses to be made by : 
 
 to be returned to grand jury : notice to be 
 
 published: fees 11 14 578 
 
 when to act under board of police 9 88 698,706 
 
 SHIPS— 
 
 fireaboard 61 20 300 
 
 landing gunpowder 63,58 20 302,804 
 
 see Harbor, Docks and Wharves 22 
 
 SIGNS— 
 
 and sign posts, permits for 2'* 7 117 
 
 posts, &c., regulated 36 7 121 
 
 of innkeepers 36 7 122 
 
 SILVER WARE— 
 
 mayor and council to appoint assayer of 16 85 
 
 oath of office 2 5 86 
 
 bond 3 5 86 
 
 not to be concerned in sale or manufacture of 
 
 silver 4 5 86 
 
 stamp prescribed 5 5 86 
 
 mayor and council to approve stamp : fine.,. 6 5 86 
 forging or counterfeiting stamp or marks, &c, 7 5 86 
 when manufacturer may sell without stamp.. 8 5 87 
 name of manufacturer to be stamped : pur- 
 chaser may have ware assayed 9 6 88 
 
 false mark or stamp 10 5 88 
 
 when purchaser to pay costs to assayer 11 6 88 
 
 when seller to pay 12 6 89 
 
 how fines and penalties recoverable 13 5 89 
 
 not to extend to any but traders 14 5 89 
 
Index. 1281 
 
 SKATING RINKS— sec. art. page 
 
 and ice ponds prohibited 44 23 397 
 
 SKIDS— 
 
 regulated. 128 47 1039 
 
 SLAUGHTER HOUSES— 
 
 erection of within city limits 1 28 876 
 
 nuisance: notice 66-67 23 404 
 
 not to be erected in city 68 28 404 
 
 pork butchers and packers 69 28 405 
 
 victuallers may keep hogs : permits 70-71 23 406 
 
 SLEIGHS— 
 
 to have bells 10 8 184 
 
 SLIDING BOARDS— 
 
 regulated 128 47 1089 
 
 SLOP— 
 
 carts 49 23 398 
 
 SMALL-POX— 
 
 State vaccine agency established 20 23 882 
 
 physician in Baltimore appointed agent : his 
 
 duties and salary 21 23 382 
 
 how physicians paid 22 23 883 
 
 who to be vaccinated 23 23 888 
 
 penalty for wilful use of defective virus, &c. 24 23 388 
 
 duties of parents and guardians 25 23 383 
 
 admitting to schools unvaccinated pupils 26 23 384 
 
 how fines recoverable 27 23 384 
 
 vaccine agent to give bond 28 23 884 
 
 true vaccine virus : to report to governor 29 23 884 
 
 vaccine physicians : duties 119 23 421 
 
 to call at houses : duty of health commissioner 120 23 421 
 
 mayor's duty 121 23 422 
 
 vaccine physicians to act as health wardens : 
 
 salaries 122 23 422 
 
 to attend wounded police oflScers: addition- 
 
 alsalary 123 23 422 
 
 to grant certificates for schools 124, 126 23 422 
 
 vaccine physicians to act as supervisors of 
 
 health in their wards 126 28 423 
 
 dispensaries to preserve virus, &c 127 23 423 
 
 vaccination 127 23 423 
 
 SMOKING— 
 
 bmldings for, meat 15 9 162 
 
1282 
 
 Index. 
 
 SNOW — SEO. AET. PAGE 
 
 in markets 3 86 629 
 
 from roofs 16 7 114 
 
 duty of street superintendents 108 28 417 
 
 duty of police witli respect to snow, &c 127 47 1038 
 
 to be removed from footways 125-127 47 1086-1038 
 
 decisions as to, noi« 47 1087 
 
 and ice in streets, salt not to be used in 
 
 melting 126 47 1038 
 
 SOAP— 
 
 manufacture of. 1,69 23 376,402 
 
 SOLICITOR— 
 
 appointment of. 1 18 174 
 
 counselor to advise with 2 13 175 
 
 duties of. 3 13 175 
 
 report to council 3 13 176 
 
 opinions on bonds, &c 4 13 175 
 
 substitute 6 13 176 
 
 extra counsel 6 13 176 
 
 salary of. 7 13 176 
 
 appeals 8 13 176 
 
 how writs to be endorsed 9 18 177 
 
 as to contracts of Harbor Board 5 22 885 
 
 of health commissioner, &c 104 28 416 
 
 proceedings as to licenses 18 88 584 
 
 sewers 4 44 865 
 
 SPARRING— 
 
 exhibitions, penalty for 2 51 1105 
 
 SPARROWS— 
 
 robins, wrens, &c., protected 128 47 1036 
 
 SPIRITS OF TURPENTINE— 
 
 manufacture of. 68 23 401 
 
 SPOUTING— 
 
 to houses, &c 82 7 120 
 
 SPRINGS— 
 
 city, on Calvert street 2 44 881 
 
 Eastern City 13 44 884 
 
 protected from privies 80 28 409 
 
 protected from nuisances 66 58 1150 
 
 SQUARES— 
 
 commissioners of public : powers and duties.. 8-4 45 881 
 
 rules for springs and 5 45 882 
 
Index. 
 
 1283 
 
 SQUARES — Continued. . sec. art. 
 
 Htutetnent of receipts and expenditures 6 45 
 
 jurisdiction of commissioners over pavements. 7 45 
 
 Ashland 8 46 
 
 Baker Circle 9 45 
 
 Broadway 11-12 45 
 
 Eutaw 14-20 45 
 
 Federal Hill 21 45 
 
 Franklin 22-35 45 
 
 Harlem Park 86 85 
 
 Jackson 87-38 45 
 
 Johnston 89 45 
 
 Lafayette 40 45 
 
 Madison 41-42 45 
 
 Mount Vernon 48 45' 
 
 around Washington Monument 44 45 
 
 Park Place 45 45 
 
 Perkins' Spring „ 46-47 46 
 
 public walk on Oliver street 48 46 
 
 Prospect 49 45 
 
 Union 50-52 46 
 
 SQUIBS— 
 
 selling, firing, &c 45-47 20 
 
 STABLES— 
 
 carrying lights into : notice 44,60 20 
 
 filthy 33 28 
 
 STALLS— 
 
 on wharves 83 22 
 
 clerk of market may distrain meat for rent 
 
 of. 6 85 
 
 corporation may sell or lease 8 86 
 
 and stands in markets 11-120 85 
 
 STANDARDS— 
 
 of weights and measures 107,21-89 28 
 
 see Inspections, Weights and Measures 28 
 
 STATE'S ATTORNEY— 
 
 election of. 19 14 
 
 term of office : removal 19 14 
 
 returns to be made to judge of Criminal 
 
 court: case of tie 20 14 
 
 duties: fees: deputy 21,4 14,19 
 
 qualifications 22 14 
 
 vacancy 28 24 
 
 PAGE 
 ■ 882 
 882 
 882 
 882 
 883 
 
 884-886 
 886 
 
 887-894 
 895 
 896 
 896 
 896 
 897 
 897 
 898 
 898 
 899 
 899 
 900 
 
 900-901 
 
 299 
 
 298, 299 
 394 
 
 360 
 
 624 
 
 625 
 
 631-666 
 
 512, 628-529 
 
 190 
 190 
 
 191 
 
 191,272 
 
 192 
 
 192 
 
1284 Index. 
 
 STATE'S ATTORNEY— Cbnitnuct?., sec, art. page 
 
 to collect, &c., money for State 24 14 192 
 
 bond 24 14 192 
 
 fees to, in removed cases 42 14 207 
 
 report to, from fire inspector 4 20 280 
 
 STATION HOUSES— 
 
 justices for 84-87 14 222-224 
 
 STATIONERY— 
 
 of departments 4-7 32 571-572 
 
 STEAM BOILERS— 
 
 and engines, permit to erect 26 7 117 
 
 inspection of. 58-75 28 496-502 
 
 STEAMBOATS— 
 
 speed regulated 91 22 363 
 
 STENOGRAPHERS— 
 
 fund for payment of. 68 14 214 
 
 for courts: salaries : duties : reports of cases.. 69 14 214 
 
 for Orphans' Court: duties: compensation... 70 14 215 
 
 assistants 71 14 217 
 
 depositions taken down by, decision, note.... 14 216 
 
 STEPS— 
 
 fronting on or projecting over streets 3,17 7 109,114 
 
 STOCKS— 
 
 ice boat, no^c ' 51 22 329 
 
 for cleansing harbor, noie 23 333 
 
 park stock, no<e 1,8,3,6 37 677,683,685 
 
 687,1171 
 improvement of parks: issue of bonds au- 
 thorized 8 37 683 
 
 corporation may issue certificates of stock : 
 
 amount 1 46 903 
 
 levy 2 46 903 
 
 corporation and public debt, issue of bonds, 
 
 &c.: to create sinking fund : levy 3 46 904 
 
 investments of sinking fund in ground rents. 4 46 804 
 
 certificates ],7 46 905,907 
 
 department of finance 8-16 46 907-910 
 
 sinking fund and funding debts 17-28 46 910-913,1172 
 
 almshouse 29 46 914-915 
 
 city hall 30 46 915-916 
 
 court house and division 31 46 917 
 
 defence and bounty 32 46 917-919 
 
LVDBZ. 
 
 1285 
 
 STOCKS — Continued. skc. abt. 
 
 harbor 33 45 
 
 jail • 84 46 
 
 Jones' falls 86 46 
 
 park 86 46 
 
 see Appendix 46 
 
 water and Gunpowder river 37,74-76 46,53 
 
 list of holders of, for Appeal Tax Court 18-21 49 
 
 faith of city pledged that city, shall not be 
 
 taxed 21 49 
 
 see Loans and Finance 46 
 
 STONE— 
 
 buildings of 8-10 7 
 
 throwing stones prohibited 129 47 
 
 STONE WARE- 
 
 manufacture of. ; 68 28 
 
 STOVES— 
 
 stacks and pipes : flues and funaels 6-16 9 
 
 STRAW— 
 
 out, where to be kept: notice 49 20 
 
 inspection of. 12-34 28 
 
 sale of, regulated 18 28 
 
 STREETS— 
 
 assault and battery in 1-8 4 
 
 auctions in 2 6 
 
 horses and carriages in 1-37 8 
 
 stands for carriages, &c 41-50 8 
 
 fire crackers in 10,46 20 
 
 squibs, rockets, torpedoes, &c 45-47 20 
 
 paving to remove nuisances 1-7 23 
 
 altering grade of, for health of city 30 23 
 
 dirt and filth in 31 23 
 
 gutters to be kept clean 81 23 
 
 nauseous liquors not to be thrown in 32 23 
 
 vaults of privies under pavements : notice... 85-86 23 
 
 inspection of goods in 20 28 
 
 mayor authorized to grant licenses to sell 
 
 certain articles on footways 39 33 
 
 oranges, &c., not to be sold in, without li- 
 cense 40 33 
 
 extent of license 41 33 
 
 notice to be given 42 33 
 
 PAGE 
 
 919 
 
 919-920 
 
 920 
 
 920-922 
 
 1171 
 
 922, 1155- 
 
 1157 
 
 1066-1067 
 1077 
 
 111-112 
 1089 
 
 401 
 
 149-152 
 
 299 
 
 483-489 
 
 622 
 
 83-84 
 
 106 
 
 127-142 
 
 148-146 
 
 282, 299 
 
 299 
 
 376 
 
 385 
 
 385 
 
 394 
 
 394 
 
 411 
 
 523 
 
 590 
 
 590 
 591 
 591 
 
1286 
 
 Index. 
 
 STREETS— Continued. sec. abt. page 
 
 dogsin 19-28 33 584-687 
 
 supervision of assistant commissioner of 
 
 health over superintendents of 118 23 420 
 
 superintendents of 107-118 23 417-420 
 
 unpaved private alleys 63 23 399 
 
 digging up by gas, railroad companies, &c.. 52 23 399,1173 
 
 decisions as to streets, note 47 984, 1041-1060 
 
 in Baltimore county, noie 47 993 
 
 goods not to be placed on footways at mar- 
 kets 43 35 641 
 
 f footways at markets 69 86 662 
 
 approaches to park from North avenue 3 38 680 
 
 around and leading to park 7 37 682 
 
 driving horses, cattle, &c., through, on Sun- 
 day 1 42 841 
 
 opening, &c., in front of schools 26 43 865 
 
 earth not to be removed from unpaved, with- 
 out permission of city commissioner 94 47 1027 
 
 ditches, &c,, not to be dug in alleys, &c., with- 
 out permission 95 47 1027 
 
 regulations for 112-130 47 1032-1039 
 
 cattle, sheep, swine and goats in 131-141 47 . 1039-1041 
 
 see Appendix 47 1173-1174 
 
 see Railroads 40 
 
 STREETS— OPENING, fee- 
 power to open, widen, close, &c., squares, lanes 
 or alleys : damages : appeals : jury trial : 
 
 compensation : no<e of decisions, &c 1 47 984-986 
 
 notice of application 2 47 985 
 
 notice by commissioners 3 47 986 
 
 fixing grades : expenses 4 47 987 
 
 to provide for grading, paving, kerbing, &c.. 6 47 987 
 
 when special ordinance not required 6 47 988 
 
 who deemed owners 7 47 gss 
 
 where real estate has been divided in refer- 
 ence to, to be opened, may be opened : no- 
 tice 8 47 988 
 
 so opened, public highways 9 47 989 
 
 commissioners for opening, &c 1-27 47 993-1008 
 
 decisions as to opening streets, nofe 47 1041-1048 
 
 assessments for benefits, collector's duty as to 53-54 49 1088 
 
 STREETS— PAVING, GRADING, Ac- 
 grades, grading, paving, &c 28-61 47 1008-1019 
 
Ikdez. 
 
 1287 
 
 STREETS— PAVING, GRADING, &G.—C(mtinued. 
 
 SEC. ABT. PAGE 
 
 paving, cleaning out, &c., private wiiarf, dock 
 
 or street : expenses 10 47 ggg 
 
 grading, regulating, paving, &c., footways: 
 
 tax: fine H 47 ggg 
 
 altering grade on account of health : duty 
 
 of mayor and city commissioner : persons 
 
 to assess damages : award 12 47 990 
 
 decisions as to paving, &c., streets, note 47 1048-1050 
 
 taxes for 50,52,66 49 1087,1088 
 
 pipe of water works in 25 58 1138 
 
 see Superintendents of Streets 
 
 STREETS, REPAIRING, MENDING, Ac- 
 powers and duties of city commissioner 68-83 47 1019-1024 
 
 SUBSCRIPTIONS— 
 
 by city: see Loans, Endorsements, &c 
 
 SUITS— 
 
 for fines and penalties 1-10 19 270-276 
 
 SULPHURIC ACID— 
 
 manufacture of 63 23 403 
 
 SUPERINTENDENTS— 
 
 of chimney sweepers 1-18 9 147-163 
 
 of court house and record oflBce 2-3, 6-6 14 236-238 
 
 of public instruction 7,8 43 849,860 
 
 SUPERINTENDENTS OP LAMPS AND LAMPLIGHTERS— 
 
 general superintendent, see Appendix 1164-1166 
 
 appointed by mayor : duties 91 47 1026 
 
 light on Sunday night 92 47 1027 
 
 compensation of superintendents and lamp- 
 lighters 93 47 1027 
 
 SUPERINTENDENTS OF STREETS— 
 
 cleaning streets 31 23 885 
 
 city divided into five districts : appointment 
 
 of. 107 23 417 
 
 to act as agents of corporation : their duties : 
 
 ice and snow 108 23 417 
 
 to superintend men, horses and carts : to 
 
 make weekly reports to commissioner of 
 
 health: register to pay superintendents 
 
 weekly ,, 109 23 418 
 
1288 
 
 InTDBX. 
 
 SUPERINTENDENTS OF STREETS— Cbniinwec?. 
 
 SEC. ART. 
 
 weekly reports : examined by assistant com- 
 missioner 110 23 
 
 to notify the mayor of all offences committed. Ill 23 
 
 power to employ additional force 112 23 
 
 market houses to be cleaned on Sunday 113 23 
 
 power of mayor to discharge 114 23 
 
 bonds of 116 28 
 
 compensation of, of hands, &c.: substitute : 
 pay : horse, cart and driver : pay of gar- 
 
 bagecarts 116 23 
 
 scale of prices: report from commissioner 
 
 of health 117 22 
 
 supervision of assistant commissioner over 
 
 superintendents 118 23 
 
 removal of garbage, manure and refuse 91-106 23 
 
 SUPERIOR COURT— 
 
 jurisdiction 1-2 14 
 
 clerk of. 11-12,18,51-60 14 
 
 officers of. 25,61-63 14 
 
 terms of. 3 14 
 
 return days of. 4 14 
 
 act for dispatch of business in , 3-13 14 
 
 stenographers to 68 14 
 
 superintendent of record office 2 14 
 
 clerk of, to keep index of judgments and 
 
 decrees 56 14 
 
 watchman of record office 2 14 
 
 clerk of to furnish Appeal Tax Court lists of 
 
 deeds and mortgages, &c 7 49 
 
 SUPERSEDEAS— 
 
 in what cases not taken by justices of peace, 
 
 but by clerks of courts 98 14 
 
 superseded judgments of justices 8 19 
 
 SUPERVISORS— 
 
 of elections 4 17 
 
 SUPREME BENCH— 
 
 six courts 1 14 
 
 jurisdiction of Superior Court, Court of Com- 
 mon Pleas and City Court 2 14 
 
 jurisdiction of Circuit Court : habeas corpus. 3 14 
 
 jurisdiction of Criminal Court 4 14 
 
 PAGE 
 
 418 
 418 
 419 
 419 
 419 
 419 
 
 420 
 
 420 
 
 420 
 413-417 
 
 182-183 
 
 186-188, 209 
 
 212 
 
 192, 212-213 
 
 193 
 
 193 
 
 198-201 
 
 214 
 
 236 
 
 210 
 236 
 
 1073 
 
 228 
 275 
 
 249 
 
 182 
 
 183 
 184 
 184 
 
Index. 1289 
 
 SUPREME BENCE—Cmtinued. sec. art. page 
 
 judges' term of office : salary 5,1 14 184,288 
 
 assignment of judges : may be changed from 
 time to time : jurisdiction : sickness, ab- 
 sence or disability 6 14 185 
 
 jurisdiction of, decisions, no^M 14 182,183,185, 
 
 ' 201 
 
 general terms : rules of court : jurisdiction : 
 
 right of appeal 7 14 186 
 
 no appeal to, from Gty Court on appeals 
 
 from justices of the peace: test of writ 8 14 186 
 
 quorum 9 14 186 
 
 cases pending in old courts to be proceeded 
 
 with : City Court 10 14 186 
 
 clerks of courts: term of office: salaries: per- 
 quisites not allowed : vacancy 11 14 187 
 
 authority of clerks of Common Pleas and Su- 
 perior Courts: licenses : deeds, &c.: Balti- 
 more County Court records : clerk to 12 14 187 
 
 another court in Baltimore city : reappor- 
 tionment of jurisdiction of Baltimore courts: 
 clerks' bonds 13 14 187 
 
 SURVEYOR— 
 
 duty as to sewers 4,23 44 865,876 
 
 duties, &c., of 1-8 48 1051-1056 
 
 fees on sale of property for taxes 45 49 1084 
 
 see Commissioners for Opening Streets 47 
 
 see Streets and City Commissioner 47 
 
 SWINE— 
 
 keeping 69-72 23 404-406 
 
 sheep, cattle, goats, &c., in streets 181-141 47 1039-1041 
 
 TAVERNS— 
 
 signs and sign-posts of 36 7 122 
 
 TAXES— 
 
 for poor 12 73 
 
 annual levy 3 11 159 
 
 property sold for 8-10 11 161 
 
 redemption of property sold for 8,6-10 11,49 161,1061- 
 
 1063 
 
 police 8 38 697 
 
 payment to register, &c., by State treasurer. 29, 22 11, 49 167, 1067 
 
 school 4,25,29 43 844,855,856 
 
 State treasurer to pay school fund to city 5 43 844 
 
1290 
 
 Index. 
 
 TAXES — Continued, sec. art. 
 
 paid by colored persons, note 40 43 
 
 forsewers 7 49 
 
 direct 1 49 
 
 power to levy, defined, exemptions, decisions, 
 
 notes 2 49 
 
 limits of direct taxation 3,63 49 
 
 on officers' commissions 31 28 
 
 collection of taxes: enforcement of payment, 
 
 decision, no^c 4 49 
 
 sale of property : notice 5 49 
 
 purchase money : credit 6 49 
 
 redemption : deed to purchaser : payment to 
 
 register 7 49 
 
 owner of property ; investment in city stock, 
 
 &c 8 49 
 
 redemption within a year and a day 9 49 
 
 collector to report to Circuit Court sales of 
 
 lands for taxes: procedure 10 49 
 
 decisions, riote 49 
 
 within what time, to be collected, (fee 11-12 49 
 
 bridges and highways 13-14 49 
 
 Appeal Tax Court 15-22 49 
 
 collector of State 23-28 49 
 
 Appeal Tax Court and assessors 1-20 49 
 
 permits to erect buildings 22-27 49 
 
 city stocks exempt from 21 49 
 
 collector of city 28-60 49 
 
 decisions on,noie 49 
 
 TELEGRAPH— 
 
 police and fire alarm 31-40 20 
 
 origin, reconstruction and connections of po- 
 lice and fire alarm, notes. 20 
 
 to salvage corps, Marine Hospital, &c., notes 20 
 
 TELEGRAPH POLES— 
 
 permits for erecting 26-30 7 
 
 TENANTS— 
 
 see Tenants for Years, or at will 50 
 
 holding over, proceedings before justice, not 
 
 removable, decisions, noie* 14 
 
 decisions as to landlords and, notes 50 
 
 a^ENPIN ALLEYS— 
 
 not to be open on Sunday 3 42 
 
 PAGE 
 
 859 
 
 864 
 
 1059 
 
 1060 
 
 1060, 1091 
 
 489 
 
 1060 
 1061 
 1061 
 
 1061 
 
 1062 
 1062 
 
 1062 
 1063-1064 
 1064 
 1066 
 1067 
 1069 
 1077 
 1078 
 1077 
 1090 
 1093 
 
 1065- 
 1068- 
 1070- 
 1077- 
 
 1079- 
 1092- 
 
 293-297 
 
 293-294 
 293-294 
 
 117-119 
 
 220-22] 
 1099-1103 
 
 840 
 
Index. 1291 
 
 THEATRICAL EXHIBITIONS— skc. abt. paob 
 women and girls not to be employed as wait- 
 ers in places of amusement 12 61 1104 
 
 indecent or blasphemous 1 gi 1105 
 
 acrobatic feats : net work to be provided 3-4 61 1105 
 
 see Amusements, Licenses g8 
 
 THIEVES AND PICKPOCKETS— 
 
 duty of police : punishment of in city : in- 
 dictment and evridence 26 88 707 
 
 on railroads: duty of police 27 88 708 
 
 TIMBER— 
 
 on wharves 64 22 354 
 
 see Lumber 
 
 TITLES— 
 examiner of 10-13 13 177-178 
 
 TOBACCO— 
 
 sale of manufactured 47 6 106 
 
 landing, at wharves 36-37 22 324-825 
 
 warehouses 36,77 22,28 324.358,616 
 
 pier at warehouse wharf, no^« 22 324 
 
 wood on wharves not to interfere with 45 22 326 
 
 wharfage to tobacco inspector 4fi 22 327 
 
 inspection acts relating to, noie 28 516 
 
 TOLLS— 
 
 of Baltimore and Yorktown Turnpike Road 
 
 in city, decisions, no^c* 40,47 766,990 
 
 TOMBSTONES— 
 
 penalty for injuring , 18 7 113 
 
 TONNAGE— 
 
 power to levy 6,13 22 318,319 
 
 on vessels 26 22 342 
 
 propellers, barges and canal boats to pay 30 22 343 
 
 account to be kept of 36 22 344 
 
 see Harbor, Docks and Wharves 22 
 
 TORPEDOES— 
 prohibited 45-47 20 299 
 
 TORTS— 
 
 costs in actions for 103 14 231 
 
 TRACKS AND SWITCHES— 
 
 railway, regula';ed 11 40 726 
 
 to be kept in good condition 12 40 726 
 
 see Railroads ^0 
 
1292 
 
 Indbx. 
 
 TEEES — 8EC. ART. PAGE 
 
 penalty for inju.ing in streets, &c.: removal 
 
 of by city commissioner 122 47 1035 
 
 TKEE BOXES— 
 
 lettered, permitted * 84 7 121 
 
 TROUGHS— 
 
 in streets prohibited 113 48 1032 
 
 TRUSTEES OF THE POOR— 
 
 see Bayview Asylum 2 
 
 TURNPIKES— 
 
 running into city 13 47 990 
 
 decisions, notes 40,47 766,990 
 
 purchase of, by city 16 47 992 
 
 TURPENTINE— 
 
 spirits of. 58 23 401 
 
 UNDERTAKERS— 
 
 duties of, as to registration of deaths 3-7 41 835-836 
 
 UNION RAILROAD— 
 
 construction, &c 249-251 40 829-880 
 
 right to cross turnpike, decision, note 40 830 
 
 guarantee, &c., for, by city 42 46 943-960 
 
 UNIVERSITY OF MARYLAND— 
 
 hospital of. 11 25 450 
 
 property of, on Mulberry street, note 48 845 
 
 VACCINATION— 
 
 see Small Pox 28 
 
 VAGRANTS— 
 
 in jail, to work 11 29 536 
 
 list of sent to Criminal Court by warden 36 29 540 
 
 warrant to arrest by whom issued : when re- 
 turnable 1 52 1107 
 
 who deemed 2 62 1107 
 
 on proof of vagrancy, where sent 3-4 52 1107. 1108 
 
 ofBcers to detain... 5 52 1108 
 
 to compel to work 6 52 1108 
 
 terms of confinement 7 52 1108 
 
 rules and regulations 8 52 1108 
 
 guardian of minor to be summoned 9 52 1109 
 
 minor may be bound by judge or justice 10 52 1109 
 
 who deemed minors 11 52 1109 
 
 jurisdiction ia case of minors 12 52 1109 
 
Index. 1293 
 
 VAGRANTS — Continued. sec. art. pagk 
 
 cases in Criminal Coart 13-14 52 1109 
 
 costs 15 52 1110 
 
 children excluded from dance houses, concert 
 
 saloons, &c.: exception 16 52 1110 
 
 habitual begging : care of child 17 52 1111 
 
 what children to be arrested 18 52 1111 
 
 to what institutions committed 18 52 1112 
 
 persons representing themselves as parents, 
 
 &c 19 52 1112 
 
 mendicant children, no^e 52 1111 
 
 Home of the Friendless 20-25 52 1112-1114 
 
 Henry Watson's Children Aid Society 2(] 52 1114 
 
 Boys'Home 27-29 52 1115 
 
 Dolan Children's Aid Society 30 62 1116 
 
 Hebrew Orphan Asylum 31-32 52 . 1116 
 
 Protestant Infant Asylum 33-34 52 1117 
 
 see Bay view Asylum 2 
 
 Houses of Refuge and Reformation 26 
 
 VARNISH— 
 
 manufacture of. 56,58 23 401 
 
 VAULTS, AREAS AND CELLARS— 
 
 city commissioner to give permit to construct. 9G 47 1028 
 
 penalty for constructing without permit 97 47 1028 
 
 application for permit 98 47 1028 
 
 payment to Regioter 99 47 1028 
 
 penalty when number of feet exceeds num- 
 ber paid for 100 47 1028 
 
 to be completed within what time 101 47 1029 
 
 extent of areas 102 47 1029 
 
 areas to be enclosed, decision, noic 103 47 1029 
 
 what constitutes vaults and areas 104 47 1030 
 
 entrances to. cellars to be covered when not 
 
 in use 105 47 1030 
 
 cellar doors, how to be constructed 106 47 1030 
 
 duty of police 107 47 1030 
 
 vaults, how to be covered 108 47 1030 
 
 apertures of vaults, how to be covered 109 47 1031 
 
 precautions while constructing: lighted 
 
 lamp 110 47 1081 
 
 removal of covering to Ill 47 1082 
 
 VESSELS— 
 
 fire aboard 51 20 300 
 
 landing gunpowder from 53,58 20 302,304 
 
1294 Index. 
 
 VESSELS — Continued. seo. art. page 
 
 masters, &c., selling wood without license ... 7 38 577 
 
 see Harbor, Docks and Wharves 22 
 
 VICTUALLERS— 
 
 when, may keep hogs 70-71 23 406 
 
 VIRGINIA. VALLEY RAILROAD— 
 
 subscription to stock of, by city 43 46 950-952 
 
 WAGONS— 
 
 on wharves , 83 22 360 
 
 see Carts, Carriages and Horses 
 
 WAIiLS— 
 
 dangerous to be taken down 21 7 116 
 
 party or partition, decisions, noie 41-45 7 128-126 
 
 WAR 1^12— 
 
 appropriation for soldiers, &c., of 2 24 442 
 
 WARDEN- 
 
 of jail 14-36 29 636-641 
 
 WARDS— 
 
 and precincts 38, 1-3 1, 17 25-58, 248 
 
 city divided into 3 1 10 
 
 duty of corporation 3 1 10 
 
 managers of the poor 30-33 2 72-73 
 
 justices of the peace for 16,77 14 189,218 
 
 constables for 16,96 14 189,227 
 
 election precincts of. 1-3,2 17 248-249,264 
 
 fire 1,18 20 278,290 
 
 vaccine physicians for 119 23 421 
 
 removal of justices' cases, decisions, nofc 14 220-222 
 
 WARRANT- 
 
 police arresting without a, decisions, notes... 38 712-713 
 
 WASHINGTON MONUMENT— 
 
 squares around 44 46 898 
 
 note 45 880 
 
 WASHINGTON UNIVERSITY— 
 
 hospital of, 11 26 460 
 
 WATCHMEN— 
 
 ofatyHall 3-5 10 156-156 
 
 of office of Court of Common Pleas 66-67 14 213-214 
 
 of court house and record office 4-5 14 237 
 
 of masonic building 10 14 239 
 
 of water works 12,1 53 1126,1129 
 
Index. 1295 
 
 WATEE — 8EC. ART. PAGE 
 
 screws of fire plugs 20-21 20 291 
 
 use of fire plugs by fire department 22 20 291 
 
 obstructing fire plugs 23 20 291 
 
 vaults of privies to be made imperyious to... 80 23 409 
 not to be drawn from Fell's Point reservoir 
 
 for shipping purposes 62 36 644 
 
 from fountain in Union square, no^c 46 901 
 
 from gutters not to be thrown on streets 124 47 1086 
 
 power to mayor and city council to purchase, 
 
 &c., lauds, water, &c., to. introduce water 
 
 intocity 1-2 63 1122 
 
 proceedings to condemn, «&c 3-11 63 1122-1126 
 
 rates, abatements, &c 12, 16-24 63 1125, 1134-1188 
 
 watchmen and police 12,1 63 1126,1129 
 
 power to purchase rights of companies 18 62 1126 
 
 Lake Roland, reservoir dams 14-18 53 1127-1128 
 
 pumps and wells 19,60-66 63 1128-1160 
 
 water board 1 63 1129 
 
 officers of water department 6 68 1130 
 
 registrar 6-12 63 1131-1183 
 
 engineer 13-14 63 1133,1134 
 
 works 25-66 68 1188-1151 
 
 Druid lake 67-68 68 1161 
 
 Gunpowder river 69-78 53 
 
 stock of 1916 74-76 53 
 
 stock of 1876, note 68 
 
 Gunpowder river stock of 1894 76 63 
 
 WAT— 
 
 right of, on city railway tracks 24-26 40 780 
 
 vehicles in passing railways to take the right 8 40 725 
 
 WEAPONS— 
 
 carrying concealed 22 38 760 
 
 WEIGHTS AND MEASURES— 
 corporation to make standards conform to 
 
 State standards 107 28 612 
 
 public general law 28 512-516 
 
 assize of bread and size of bricks 108 28 613 
 
 keepers of standards appointed : bond : two 
 
 keepers of weights and liquid measures, 
 
 and one keeper of dry and long measures.. 21 28 528 
 
 offices 22 28 624 
 
 comptroller to procure sets of weights and 
 
 measures 23 28 524 
 
1296 
 
 Index. 
 
 WEIGHTS AND MEASVKES— Continued. sec. abt. 
 
 what the standmn shall be 24 28 
 
 inspectors to adjust weights acd measures,... 26 28 
 
 dimensions of dry measures 26 28 
 
 weights, &c., to be stamped 27 28 
 
 stamp for dry measures : counterfeiting 28 28 
 
 scale beams to be stamped 29 28 
 
 patent balances, &c,, to be stamped and in- 
 spected once in each year 30 28 
 
 when found untrue, to be condemned : using 
 
 condemned balances, &c 31 28 
 
 using altered weights, &c 32 28 
 
 fees of standard keepers 33 28 
 
 to inspect once a year, and no oftener 34-35 28 
 
 to visit markets, stores, &c., to inspect 
 
 weights, &c 36 28 
 
 refusal to allow inspection ; duties of inspect- 
 ors and clerks of markets 37 28 
 
 annual return to register : districts 38 28 
 
 additional compensation 39 28 
 
 charcoal 40-47 28 
 
 coal 48 28 
 
 firewood 49 28 
 
 ice 50-61 28 
 
 weight of butter 4. 35 
 
 when forfeited for light weight 4 35 
 
 mode of weighing in markets 28 35 
 
 care of public scales and weights at markets 44 36 
 
 rent of scales 44 36 
 
 WESTERN AVENUE— 
 
 in Baltimore county, note 47 
 
 WESTERN MARYLAND R. R.— 
 
 construction of, «&c 252 40 
 
 jurisdiction over, decision, Tiofe 40 
 
 guaranties, &c., for, by city 44 46 
 
 acts asto,note 46 
 
 decision as to hypothecating stock of B. & O. 
 
 R. R. Co. for benefit of, note 40 
 
 Hillen station 45 46 
 
 WHARFAGE— 
 
 on articles, for less than a day 46 6 
 
 regulated..,. 25, 30-43 22 
 
 rates of, on lumber and firewood 21,57 22 
 
 neglecting to pay 29 22 
 
 PAGE 
 
 524 
 524 
 524 
 525 
 626 
 526 
 
 526 
 
 527 
 527 
 527 
 628 
 
 628 
 
 529 
 629 
 629 
 529-531 
 681 
 682 
 682 
 624 
 624 
 688 
 642 
 642 
 
 988 
 
 881 
 881 
 
 952-978 
 976-978 
 
 964-965 
 974-976 
 
 106 
 
 322, 323-326 
 
 841, 351 
 
 843 
 
Index. 
 
 1297 
 
 WB.ABFAG'E— Continued. sv.c. abt. 
 
 how collected 34 22 
 
 onvessels 57 22 
 
 further rates of 68 22 
 
 two or more vessels belonging to same per- 
 son 68 22 
 
 on goods landed on or shipped from public 
 
 wharves 69 22 
 
 harbor masters to make returns to register... 81, 60 22 
 
 vessels chargeable with 61 22 
 
 master or owner responsible 61 22 
 
 power of mayor 62 22 
 
 rates of, on lumber 66 22 
 
 when paid by fishermen 78 22 
 
 on goods in transitu 84 22 
 
 on wood 44-46 22 
 
 see Harbor, Docks and Wharves 22 
 
 WHARFINGERS— 
 
 appointment and duties of 22-43 22 
 
 WHARVES— 
 
 used by ferry, decision, note 18 
 
 fire aboard vessels 61 2% 
 
 powers of wharfingers over 22-43 22 
 
 Pratt street 84,89 22 
 
 retailing goods prohibited on Pratt street.... 40 22 
 
 retailing goods at public, regulated 41 22 
 
 when goods pla«ed on, to be removed 63 22 
 
 firewood, lumber, &c., regulated 64 22 
 
 on Bowly's wharf 65 22 
 
 space vessels may occupy : scows 67 22 
 
 Pratt and Light street 68-72 22 
 
 decision as to Light street, note 22 
 
 wood or lumber not to be landed on McEl- 
 
 derry's or Dugan's 73 22 
 
 not more than one-third of said wharves to 
 
 be occupied 74 22 
 
 vessels not to remain more than four days... 75 22 
 
 goods on, regulated 76 22 
 
 in front of tobacco warehouses 77 22 
 
 what, fishermen to have exclusive use of 78 22 
 
 goods belonging to unknown persons to be 
 
 removed 79 22 
 
 when and ho^ said goods may be sold 80 22 
 
 nuisances , SI 22 
 
 PAGE 
 
 844 
 851 
 351 
 
 352 
 
 352 
 843, 353 
 353 
 358 
 858 
 854 
 359 
 360 
 826-327 
 
 821-826 
 
 266 
 
 300 
 
 321-326 
 
 823, 345 
 
 346 
 
 346 
 
 354 
 
 354 
 
 354 
 
 355 
 
 355-357 
 
 355-356 
 
 357 
 
 357 
 358 
 358 
 858 
 359 
 
 359 
 359 
 859 
 
1298 
 
 Index. 
 
 WHARVES — Continued. sec. art. 
 
 carts, &c., on 82 22 
 
 harbor masters to collect penalties, &c 83 22 
 
 to account monthly and pay to register 83 22 
 
 booths, &c., prohibited 83 22 
 
 duty of health commissioner as to 14,18 23 
 
 how, not to be filled up 45 23 
 
 wood on 44-46 22 
 
 duty of city commissioner as to 82 47 
 
 see Harbor, Docks and Wharves 22 
 
 WHEELBARROWS— 
 
 on footways 118 47 
 
 WHIRLIGIGS— 
 
 prohibited 61 23 
 
 WILKINS AVENUE— 
 
 in Baltimore county, noie 47 
 
 WINDOWS— 
 
 bay 26-29 7 
 
 bulky articles not to be thrown from : sliding 
 
 boards, &c., regulated 128 47 
 
 WITNESSES— 
 
 in criminal cases .♦. 22,28,29, 39 14 
 
 paying of, in courts 76 14 
 
 depositions of, decision, Twte 14 
 
 WOOD— 
 
 buildings of, regulated 1-7 7 
 
 on wharves 44-46 22 
 
 where not to be landed 88-40 22 
 
 firewood, &c 21-23 22 
 
 not to be landed on McElderry's or Dugan's 
 
 wharves 78-75 22 
 
 on Light street wharf 69-72 22 
 
 yards 30 23 
 
 cord: measurement, &c., of carts hauling... 101-105 28 
 
 sale of fire 49 28 
 
 hucksters to be licensed : costs 4 33 
 
 one license not to include more than two per- 
 sons 5 28 
 
 penalty for retailing without license 6 28, 
 
 masters and owners of vessels excepted. 7 28 
 
 PAGE 
 
 859 
 860 
 360 
 360 
 
 388, 389 
 897 
 
 826-327 
 1024 
 
 1034 
 
 399 
 
 993 
 
 117-119 
 1039 
 
 203, 205, 206 
 218 
 216 
 
 109-111 
 
 326-827 
 
 325 
 
 341-342 
 
 357-358 
 356-357 
 
 393 
 509-512 
 531-532 
 
 676 
 
 576 
 576 
 «77 
 
IlTDEX. 
 
 WRITS— BBC. ABT. 
 
 how to be endorsed 9 13 
 
 test of. 8 14 
 
 return, renewal, &c., of 4-7, 13 14 
 
 ofenquiry 8 14 
 
 from justices of the peace 80-81 14 
 
 WRENS— 
 
 sparrows, robins, &c., protected 123 47 
 
 YELLOW FEVERr- 
 
 Quarantine, Sec, decision, note 23 
 
 1290 
 
 PAQB 
 
 177 
 186 
 193-196, 200 
 197 
 219 
 
 1085 
 
 437-441 
 
 V 
 
 , . ■ I ixirTTXlTY 
 
L 
 
N 
 
'::^-. 'JS^ia^SMsri 
 
 U DAY USE 
 
 RETURN TO DESK FROM WHICH BORROWED 
 
 LOAN DEPT. 
 
 This book is due on the last date stamped below, or 
 
 on the date to which renewed. 
 
 Renewed books are subjea to immediate recall. 
 
 !Oad'63!V?F 
 
 '^-CD t. D 
 
 ''^^^6-63-3 
 
 m 
 
 SE N T ON I LL 
 
 AUG •} k 199 3 
 
 U. a BERKELEY 
 
 LD 21A-40jn-4.'63 
 (D647l8l0)476B 
 
 General Library 
 
 University of California 
 
 Berkeley 
 
^D 0(77 
 
 
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1/ 
 
 '^Ft- 
 
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