•C / f Cr^ 
 
 L^l 
 
 THE NEW CHARTER 
 
 OF 
 
 BALTIMORE CITY 
 
 Enacted by the Acts of 1898, Ch. 123 
 
 With all amendments and additions thereto down to and including the Acts 
 of 1914; and with an Appendix containing the Acts establishing 
 the City's boundaries, the General Condemnation Law and 
 the Agreement between Baltimore City and Balti- 
 more County, as to the use of the Out-Fdl 
 Sewer by Baltimore County, and with 
 references to. and annotations 
 of, decided cases. 
 
 » o , a *a 
 
 COMPILED UNDER THE DIRECTION OF 
 
 S. S. FIELD, CITY SOLICITOR. 
 
 BY 
 
 HENRY W. WEEKS. 
 
 FOR FIFTEEN YEARS CLERK OF THE LAW DEPARTMENT 
 OF BALTIMORE, CITY. 
 
 MAR '^ 4 19^^
 
 .< 
 
 BALTIMOEE CITY 
 
 PBIXTING AND BINDING 
 
 COMPANY. 
 
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 V 
 
 REPORT OF COMMISSION 
 
 Baltimore, January 27, 1898. 
 
 To the Honorable General Assembly of Maryland: 
 
 The Commission appointed pursuant to the ordinance of the 
 Mayor and City Council of Baltimore, approved iSTovember 24, 
 1897, to draft a new Charter for the City of Baltimore, here- 
 with, as directed by said ordinance, respectfully submit the 
 result of their labors. 
 
 After mature deliberation the Commission decided at the 
 beginning of their work of preparing a new organic Act for 
 the City of Baltimore, to be governed by certain well-defined 
 and recognized principles relating to municipal government, 
 which had been found in other cities to be beneficial and which 
 it was thought were fundamental and necessary, if there were 
 (C to be an improvement on the present law relating to the City 
 of Baltimore. Some of these controlling principles were : 
 
 1. To locate responsibility upon public ofiieials in such a 
 
 . manner that it could not be evaded. 
 
 ^ O^ 2. To give representation to the minority party in all dc- 
 
 ^j;^ partments, when composed of more than one person, so that an 
 
 opportunity might be given to the minority to scrutinize the 
 
 actions of the party in power. 
 
 3. To hold municipal elections at a dillerciit time from the 
 State and Federal elections, in order to separate municipal 
 affairs from the influence of the political issues wliich are neces- 
 sarily involved in State and Federal elections. 
 
 4. To require the appointment of experts in all departments 
 where professional knowledge and skill are required. 
 
 5. To grant the use of the streets and other public property 
 for limited terms, and to the highest bidder, subject to the 
 control and i-cgiilatioii of the city during tlie })eriod of the grant. 
 
 0. To check hasty legishxtion, especially in matters relating 
 to expenditure of tlie jniblic moneys, and to prohibit the creation 
 of floating debts. 
 
 7. To remove tlic public school system from all possible 
 political iiilhicnce. 
 
 8. To pla«-e the indigent sick and poor, when their treat- 
 ment, care or support is paid for by the city, under the supervi- 
 sion ot' city officials. 
 
 210357
 
 IV 
 
 The most advanced and improved forms of municipal govern- 
 ment, as far as the Commission have been able to ascertain, have 
 had incorporated in them the j)]acing of the power of appoint- 
 ment in one person. It might well be urged that this is con- 
 ferring too much power upon one man, that the appointing 
 power in city government should be distributed ; but experience 
 has shown that by centralizing the appointing power the respon- 
 sibilitv for ofHcial conduct can at once be delinitely fixed. The 
 Charter submitted places the power of appointing the heads of 
 all departments and their respective sub-departments in the 
 Chief Executive of the city, the ]\Iayor, where it properly be- 
 lo]igs. The Commission have not taken the extreme position 
 of making the Mayor absolute in regard to this pow-er of appoint- 
 ment. His appointments must be confirmed by the Second 
 Branch of the City Council. The power of appointing all 
 subordinates and employees in the several departments and sub- 
 departments is in each case lodged in the head of the depart- 
 ment. The Commission have to this extent endeavored to carry 
 out the single-executive-head system, which has been tried in 
 other cities with good results. It is hoped with this system, 
 as now recommended, the Mayor will be more careful in ap- 
 pointing heads of departments or sub-departments, and the 
 various heads so appointed will also be more careful in selecting 
 competent subordinates. 
 
 The principle of representation from the minority party in 
 all departments, boards or commissions, where composed of 
 more than one person, is carried out in the proposed Charter. 
 This will not prevent the successful party at the municipal elec- 
 tion from adopting and carrying out any policy or reforms 
 which, in its judgment, might be right and proper, and will 
 in no way interfere with the administration of public affairs 
 by the successful party ; but it will afi'ord to the minority at all 
 times a right of representation in the city government, and will 
 give it an opportunity of scrutinizing the actions of the party 
 in power. 
 
 The feature of the spring elections is designed for the distinct 
 purpose of separating the municipal elections from those of the 
 State and Xation. It must be conceded that in order to make 
 a good Mayor of a large and prosperous business centre like Bal- 
 timore there is no inherent necessity for his belief in one rather 
 than another of the principles which separate the leading politi- 
 cal parties. The State and National questions are invariably 
 discussed and made issues at all the ]S[ovember elections, and 
 it is difiicult to remove from the influence of these discussions
 
 municipal ali'airs when the elections are held at the same time. 
 The spring elections, it is hoped, will enable the citizens of 
 Baltimore to eliminate everything from their municipal cam- 
 paigns except that which pertains to the best business adminis- 
 tration of the city, and will present to the voters an opportunity 
 of electing such of the nmnicipal candidates as are most likely 
 to ensure good municipal govermnent. 
 
 The provisions of the Charter placing experts at the head of 
 the various departments and sub-departments where profes- 
 sional knowledge is recpiired, are expected to secure to the city 
 the best service of men of competent knowledge and experience 
 in the departments placed under their charge. The Commission 
 have adopted the following general provision wherever expert 
 knowledge is required : "He must have had at least five years' 
 experience in, the active practice of his profession and have 
 had responsible charge of work for at least that length of time." 
 Exjjerts are required in the following offices: City Engineer, 
 Water Engineer, Harbor Engineer, Inspector of Buildings, and 
 Commissioner of Health. ]t was deemed advisable for tlie best 
 interests of the city to put the entire subject of public improve- 
 ments under the direct control and supervision of a lioard of 
 experts, styled the Board of Public Improvements. On this 
 Board the Charter submitted, places three civil engineers and 
 an architect, and all matters are referred to them when involv- 
 ing questions of new public buildings, additional harbor facili- 
 ties, a sewei-age system, extension or improvement of streets, 
 the erection of l)ri(]ges and other similar work. 
 
 The proposed Charter requires that the grant ol' i'ranchises 
 or rights in, over or under the streets or in othei- ])ublic property 
 shall be made fm- (Hily limited periods ( twenty-tive years), and 
 also provides that in all ordinances granting sucli franchises or 
 rights provision can be made for the reverting to tlic city at 
 the expiration of tli(> grant, of the plant and its appurtenances, 
 and gives power to the city to operate and control the same, if it 
 should prove desirable. All franchises or rights in the liigiiways 
 of the city are to Ik^ sold under the supervision of the Board of 
 Estimates. Under no circumstances can the city divest itscit 
 f the right or ])owci- to regnlate tln^ ex(>rcise of the fi-ancliisc 
 
 o 
 
 <ii" right granted 
 
 The Connnissioiicrs haxc also endeavored t(» pi'otect the pnblu* 
 
 interests In relation to the linances of the city hy the provision 
 
 ot' the proposed Charter in regard to the P)oard of Estimates. 
 
 Ihls Board is composed of the highest officials of the city govern- 
 
 irif nt, that is to sav. the Mavor, who is tlie chief execntiv<' officer
 
 VI 
 
 of the city Jiiid elected by the people ; the City Solicitor, who is 
 appointed by the Mayor and is the head of the Law Department, 
 and who will always be a prominent member of the bar; the 
 Comptroller, who is also elected by the people and responsible 
 to them, and who is the head of the Finance Department ; the 
 President of the Second Branch of the City Conncil, a represen- 
 tative member from the legislative branch of the city govern- 
 ment, and, finally, the President of the Board of Public Im- 
 provements, who is the City Engineer, and wall be an expert in 
 engineering. It is believed that by this strong combination of 
 leading city officials, representing every branch of the municipal 
 government, the financial interests of the city will be carefully 
 guarded and that the welfare of the citizens will always be the 
 controlling motive in the deliberations and actions of the Board. 
 The duties of this Board are comprehensive in their nature 
 and include the general control of the financial policy of the 
 city. In the preparation of the lists of ''Departmental Esti- 
 mates," "Estimates for New Improvements" and "Estimates 
 for Annual Appropriations," called for by the proposed Char- 
 ter, the entire appropriations of public funds are embraced. 
 It may, therefore, be expected that the composition of this Board 
 of the highest municipal officers and representatives of the city 
 government will furnish a guarantee in the future against ex- 
 travagance and the reckless expenditure of public moneys. The 
 provisions of the Charter submitted relating to the Board of 
 Estimates are sufficiently comprehensive to furnish to the 
 municipality opportunities for a safe and conseiwative financial 
 policy and to prevent the public debt from advancing beyond a 
 safe per centum of the taxable basis. Ample provisions are 
 made for conducting the city government, and no floating debt 
 can be created. The Board of Estimates, in the ordinance they 
 annually submit, providing for the expenditures by the city 
 for the ensuing year, take into consideration all the disburse- 
 ments, and if the income is insufficient to meet these expendi- 
 tures there must be a pro rata reduction in all departments. If 
 there is a surplus it must be paid over to the Finance Commis- 
 sioners to be credited to the general sinking fund. By this 
 provision it is hoped that the sinking fund will be greatly bene- 
 fited. When any ordinance for public improvements exceeding 
 in cost the sum of $2,000 has passed its first reading in either 
 Branch of the City Council it shall be referred to the Board of 
 Public Improvements for their opinion as to whether or not the 
 wants of the city require the improvement mentioned in the 
 ordinance submitted, and when this Board give their report
 
 vu 
 
 on this ordinance it is then referred to the Board of Estimates 
 for their opinion as to whether or not there is or will be sufficient 
 money in hand to pay for the contemplated improvement. Until 
 both of these Boards report upon the ordinance it cannot become 
 valid. It will be readily seen that in this manner hasty legisla- 
 tion will be checked, and it is probable that only such ordinances 
 for public improvements will be passed for which there is suffi- 
 cient cash on hand to pay and which the requirements of the 
 city demand. By these provisions it is believed a step will be 
 taken in the direction of a regular and systematic reduction 
 of the enormous debt which now hangs over the Citv of Balti- 
 more and a check placed upon the expenditure of its money, so 
 as to keep the expenses and appropriations of the city govern- 
 ment entirely within its means. 
 
 The provisions of the proposed Charter relating to the public 
 school system have been framed after careful consideration and 
 research respecting the systems in force in various cities of im- 
 portance. It provides for the appointment of the School Com- 
 missioners, nine in number, by the Mayor, subject to confirma- 
 tion by the Second Branch, for a term of six years each, three of 
 them to retire at the end of everv two vears. It is submitted 
 that a long term, together with the other provisions which have 
 been inserted, will cause the affairs of the schools of Baltimore 
 to be administered by competent men, independent of partisan 
 and ecclesiastical ties. The endeavor has been made to secure 
 three things : First, oversight of the schools by a Board of Com- 
 raipsioners so selected as to ensure conservative administration 
 and full responsibility; second, attention to the details of school 
 management by a body of qualified superintendents, and, third, 
 the maintenance of popular interest in the public schools by 
 means of a large number of local school visitors, one or more of 
 them from the immediate neighborhood of each school-house. 
 
 The Charter submitted gives to the city a supervision over 
 all persons who come under the class of indigent sick and poor. 
 All money appropriated by the city for the care of its poor 
 shall be by contract with the various institutions which care and 
 provide for the poor of Baltimore. No money is to be appro- 
 priated except under contract, and the Supervisors of City 
 Charities are to have supervision over all persons who are sub- 
 jects of municipal aid. 
 
 The Legislative Department remains substantially as at pres- 
 ent, except that the Second Branch is smaller, and that one-half 
 are always old and experienced members. The legislative func- 
 tions of the City Council are in no wise impaired. Not ono cent
 
 Vlll 
 
 of the public money can be spent until the City Council, by ordi- 
 nance, makes an appropriation. 
 
 The Commission have had before them the great need of 
 increased revenue to meet the constantly growing wants of the 
 city. To this question the members of the Commission have 
 given their most serious thought. Taxes today are burdensome 
 on the owners of land and houses, and to meet the wants of the 
 city this burden must be largely increased unless the revenue 
 of the city can be increased from other sources. The Connnis- 
 sion have proposed to so modify the law as to give to the city all 
 the fees collected by it from liquor licenses. A Supplementary 
 Act accompanies the Charter, providing that the counties shall 
 retain the fees collected by them from the same source. The 
 Commission feel that they would not be performing their full 
 duty if they did not urge upon the Legislature the necessity for 
 this change and the adoption of the provisions as to these fees 
 contained in the proposed Charter. 
 
 Another Supplementary Act provides for certain limitations 
 on the power of the city as to contracting debts. This provision 
 is a proper one and should be adopted. 
 
 The Commission believe that the Charter herewith submitted 
 will, if adopted, remedy many of the faults of the old law, and 
 provide such a law as will materially contribute to the future 
 development and prosperity of the great metropolis of Mary- 
 land. 
 
 William Pi?s'kxe\' Why'/e^ ('Jii(inn(i)i . 
 
 Feedixand C. Latkobe, 
 
 Daniel C. Gilman, 
 
 Samuel D. Schmucker, 
 
 Geoege R. Gaither, Jr., 
 
 Thomas Irelakd Ellk^tp, 
 
 Thomas G. Hayes, 
 
 Lewis Putzel, 
 
 Neiu Charter (JommisHion, 
 
 Frederick T. Dorton, Secretary.
 
 CONTENTS. 
 
 I. CHARTER. 
 
 sections 
 
 1. Mayok axd City Council of Baltimore 1-15 
 
 (a) Corporate Name. Power to Hold rropcrty. Annex. 1-5 
 
 (b) General Powers 6-6B 
 
 (c) Franchises 7-13 
 
 (d ) Contracts with the City 14-15 
 
 2. Mayor 1(J .iO 
 
 3. Executive Department 31 
 
 (a) Department of Finance 3U 
 
 1. Comptroller 33-34 
 
 2. City Register 35-35a 
 
 3. Board of Estimate!. 3(5-40 
 
 4. Commissioners of Finance 41 
 
 5. City Collector 42-5SB 
 
 6. Collector of ^Yater Rents and Licenses 59 
 
 ( h ) Department of Law UO 
 
 City Solicitor 61-07 
 
 (c) Department of Public Safety ()8 
 
 1. Board of Fire Commissioners (59-70 
 
 2. Commissioner of Health 71-78 
 
 3. Inspector of Buildings 79-82 
 
 4. Coniniissiciner of Street Cleaning S3 
 
 {d) Deiiaitment of Public Iniiirovenients 84-85 
 
 1. Highways Engineer 86-86D 
 
 2. Water Board 87-87A 
 
 :',. narl)()r Board 8S 
 
 4. Inspector of Buildings .S9 
 
 (e) Department of Public Paiks and Sijuares 90 
 
 Board of Park Commissioners 90-!<8b 
 
 (/) Department of Education 99 
 
 P>oard of School Commissioners 99-102S 
 
 ( y I 1 »(|)artment of Charities and Corrections 103 
 
 1. SujK'ivisors of City Charities 104-1 17 
 
 2. Visitors to the Jail 118-144 
 
 (/'I Department of Review and Assessment 145 
 
 1. Ajipeal Tax Court MO-Hl 
 
 2. Commissioners for Opening Streets 172-iyi)a
 
 X 
 
 SECTIONS 
 
 ( i) Division Embraciug Municipal Officers Not Included 
 
 in Any Department 196 
 
 1. City Librarian 19(5-200 
 
 2. Commission on City Plan 200A 
 
 3. Art Commission 201-203 
 
 4. Superintendent of Lamps and Lighting 204 
 
 5. Surveyor 205 
 
 G. Constables 206 
 
 7. Superintendent of Public Buildings 207 
 
 S. Public Printer 208 
 
 9. Department of Legislative Reference 208A-208C 
 
 4. Legislative Department 209-222 
 
 n. MISCELLANEOUS LOCAL LAWS. 
 
 1. Advertisements 222a-208b 
 
 2. Arbitration — Court of 223-225 
 
 3. Arbitration Committee of the Corn and Fi.our Exchange 226-22S 
 
 4. Assault and Battery 229-231 
 
 5. Auctions 232-278 
 
 6. Bail 278a-278k 
 
 7. Bills of Exchange and Promissory Notes 279-279c 
 
 S. Buildings 280-280a 
 
 9. Carriages, Horses and Automobiles 281-293 
 
 10. Coroners, Inquests and Dead Bodies 294-299 
 
 11. Courts 300 
 
 (a) Superior Court, Court of Common Pleas, and Bal- 
 timore City Court 300-322 
 
 ( & ) Circuit Court of Baltimore City 323-324 
 
 (c) Circuit Court No. 2 of Baltimore City 325-327 
 
 (d) Criminal Court of Baltimore 328-351 
 
 (e) Orphans' Court 352-353A 
 
 (/) Register of Wills 354-356 
 
 (g) Clerks of Law Courts of Baltimore City 357-366 
 
 (h) Clerk of the Criminal Court of Baltimore 367-368 
 
 (i) Clerk of the Circuit Court of Baltimore City, and 
 
 of the Circuit Court No. 2 of Baltimore City... 369 
 
 {)) Salaries of Clerks of Courts 370-371 
 
 (fc) Criers, Bailiffs, Watchmen and Stenographers... 372-382 
 
 H) Sheriff 383-386 
 
 (m) Witnesses, Docket Entries and Records 387-388 
 
 (n) Costs 389
 
 SECTIONS 
 
 V2. Deaf, Dumb axd Blind 395-400 
 
 13. Destroying Property Maliciously 401 
 
 14. Examining Engineers 426-430 
 
 15. Perries 431-437 
 
 IG. Fines and Forkeituues 438-444 
 
 17. Fire 455 
 
 (a) Fire Department 445-448a 
 
 (b) Oil and Illuminating Fluids 449-456 
 
 IS. Fish 457 
 
 19. Gas Companies 458-462c 
 
 20. Harbor, Docks and Wharves 463 
 
 (a) Harbor 463-466 
 
 (&) Docks 467-469 
 
 (c) Wharfinger and Wharves 470-479 
 
 {d) Harbor Board 480-485 
 
 21. HEAJ.TH 486 
 
 (a) Nuisances 486-492 
 
 (b) Athletic Fields, etc 492a 
 
 (c) Chemical Laboratories 493 
 
 id) Children's Playgrounds 493a-493c 
 
 (e) Hospitals for Infectious Diseases 493d-493g 
 
 (/) Infants in Improper Homes or Care 493h-4931 
 
 ig) Seats for Female Employes in Stores or Factories. 505-506 
 
 (h) Tenement and Lodging Houses 507-508 
 
 (t) State Board of Commissioners of Practical Plumb- 
 ing 509-515 
 
 22. Horseshoeing 515a 
 
 (a) Board of Examiners of Horseshoers 515b-515f 
 
 23. Hours of Labor 516-516c 
 
 24. Houses of Refuge and Reformation 517-518 
 
 25. l.M .MIGRANTS 519-531 
 
 26. Inspections, Weights and Measi-res 532 
 
 (a) Barrels 532-584 
 
 (?>) Coal 535-540 
 
 (c) Gas Meters 541-543 
 
 (d) Gangers of Casks and Liquors 544-551 
 
 (e) Hay and Straw 552-570 
 
 (/) Manure 571 
 
 (g) Stoani Boilers 572-589 
 
 (//) Wood Carts 590-599 
 
 27. .Jo.NKs" Palls 600-601
 
 Xll 
 
 SECTIONS 
 
 28. JuKOKS 602-620 
 
 (« ) Pay of Jurors 621 
 
 (b) Volunteer Militia Exempt from Jury Duty 6'22 
 
 29. Justices of the Peace axd Constables 623-649 
 
 30. Landlord and Tenant 650-656* 
 
 31. Larceny 656a-656c 
 
 32. Legislative Districts 656d-657 
 
 33. Boundaries of Legislative Districts 657A 
 
 34. Councilmanic Districts 657B 
 
 35. Licenses 658 
 
 (a) Billiards 65S-660d 
 
 (&) Horse Dealers 661-663 
 
 (c) Installation of Electrical Apparatus and Wiring. 663a-663q 
 ■ (d) Liquors and Intoxicating Drinks 664-691 
 
 (e) Moving Picture Machine Operators 691a-691i 
 
 (/) Pavpnbrokers 692-693 
 
 ig) Merchandise Brokers 694 
 
 (h) Real Estate Brokers 695-700 
 
 (i) Stevedores 700a 
 
 (./) Duty of Sheriff and Clerk of Court 701-702 
 
 36. Mariners and CHARrrABLE Marine Society of Balti- 
 
 more 703 
 
 37. Markets 704-719 
 
 38. Mortgages 720-732A 
 
 39. Municipal Liens 732A 
 
 40. Notaries Public 733-734 
 
 41. Oysters 735 
 
 42. Parks and Squares 736-739a 
 
 43. Park Improvement Loan 739b-739f 
 
 44. Police Commissioners 740 
 
 (a) Organization of Force 740-764 
 
 (b) Matrons at Station Houses 765-768A 
 
 (c) Militia 769 
 
 (d) Patrol Wagons 770 
 
 (e) Physicians to the Police Force 771-773C 
 
 (/) Races 774 
 
 (g) Registration of Voters 775 
 
 ( /( ) Special Fund 776-780 
 
 (i) Long Bridge 781 
 
 (j) Telegrapli to House of Correction 782 
 
 (k) Thiexes and Pickpockets 783-784
 
 Xlll 
 
 SECTIONS 
 
 (7) Personating' I'olieemeu 785 
 
 (w) New Station Houses 7S6-7SS 
 
 45. I'KATT Free Library 789-790 
 
 46. Railroads 791 
 
 (« ) Safety Gates 791-70;i 
 
 {b) Hours of Labor 793-705 
 
 (c) Street Railway Fares 79(5 
 
 (d) I'ark Tax 797-S0<) 
 
 (e) Railway Easements in Annex 800a-800b 
 
 (/) Railway Area Paving 800c-800d 
 
 (g) Prohibiting Tracks on Certain Streets 801-801d 
 
 47. Records 802-805 
 
 48. Sabbath 806-807 
 
 49. Schools 80S 
 
 (a) Intestates' r:states 808-813 
 
 (ft) Johns Hopkins University 814-815 
 
 (c) McDonogh Educational Fund and Institute 816 
 
 50. Tkxt Book Upon Civil Government 816a 
 
 51. Sewers 817-824 
 
 52. New SEWKKAcrn System S24a-824n 
 
 53. Sheriff's Fees 825 
 
 54. Stocks, Loans and Finance 826 
 
 55. Civic Centre and Parks 826a-826f 
 
 56. Contagious Diseases Hospitai 826g 
 
 57. Electrical Commission 826h-826i 
 
 58. Harbor, Docks and Wharves 826j-826o 
 
 59. Jones Falls Imi'Hovkmknt — Fallsway 826p-826t 
 
 60. Municipal Lighting Plant 826u 
 
 61 . PoLic E Station Houses 826v 
 
 62. Schools 826w 
 
 63. Sinking Fund Bonds 826x-826y 
 
 64. Water Sm-iv I.mi'Rovk.mi.ni 826z-826oo 
 
 65. Strep:ts, Bridges and Hlghwavs N27 
 
 (a) OiK'iiint,' Streets 827-833 
 
 (h) .\(.itli Avenue 838 
 
 (c) Bridges and ni>,'hways 839-841 
 
 66. GitAiics oi Strii.is 833a-837a 
 
 67. Yoi:i< RoAK 838a 
 
 68. .New Boundaic^ Avenue 838b
 
 XIV 
 
 SECTIONS 
 
 69. Annex Improvement Loan and Commission 841a-841t 
 
 70. Paving Commission, etc 841u-S41dd 
 
 71. Street Dirt, Sweepings and Garbage 841ee 
 
 72. Special Paving Tax 841fE-841ii 
 
 73. Surveyor 842 
 
 74. Taxes 843 
 
 75. Tenants for Years or Less, or at Will 844-864 
 
 76. Vagrants, Paupers, Beggars, Vagabonds and Disorderly 
 
 Persons 865-880 
 
 77. Vagrant Children 881-884 
 
 (o) Boys' Home 885 
 
 (b) St. Martha's Episcopal House 885a 
 
 (c) Dolan Children's Aid Society, etc 886 
 
 ((f) Hebrew Orphan Asylum 889 
 
 (c) Home of the Friendless 890-894 
 
 (/) Protestant Infant Asylum 895 
 
 (g) Probation Officers 886A-886F 
 
 78. Waitresses in Places of Public Amusement 900-901 
 
 79. Water 902-906 
 
 {a) Lake Roland, Reservoirs aad Dams 902-906
 
 ACT OF 1898, 
 
 CHAPTER 123. 
 
 AN ACT TO Repeal Article 4, entitled "City of Balti- 
 
 MOKE," OF THE CoDE OF PuBLIC LoCAL LaWS OF MARY- 
 LAND, AND THE Several Acts and Parts of Acts 
 Amendatory Thereof, and to Re-Enact said Article 
 4, with Amendments, Under Two Sub-Titles, to be 
 Known as "Charter" and "Miscellaneous Local 
 Laws." 
 
 Section 1. Be it enacted hy the General Assembly of Mary- 
 land, That Article 4, entitled "Citv of Baltimore," of the Code 
 of Public Local Laws of Maryland, and the several Acts and 
 parts of Acts amendatory thereof, be and the same are hereby 
 repealed, and the said Article 4 is hereby re-enacted, with 
 amendments, under two sub-titles to be known as "Charter" 
 and "Miscellaneous Local Laws," so as to read as follows : 
 
 ARTICLE IV. 
 
 CITY OF BALTIMORE 
 
 CHARTER 
 
 MAYOR AND CITY COUNCIL OF BALTIMORE. 
 
 Corporate Name, Power to Hold Property, Annex. 
 P. L. L., (1860) Art. 4, sec. 1. P. L. L., (1888) Art. 4, sec. 1. 
 
 1. The inliabitants of the City of Baltimore are a corpora- 
 tion, by the name of the "Mayor and City Council of Balti- 
 more," and by that name shall have perpetual succession, may^ 
 sue and be sued, may purchase and hold real, personal and 
 mixed property and dispose of the same for the benefit of said 
 city, as herein provided, and may have and use a common seal, 
 which may be altered at pleasure. 
 
 Mayor & C. C. of P.alto. v. State, 15 Md. 376. State v. Graves. 10 Md. 
 351. Horn v. Mayor & C. C. of Balto., 30 Md. 21S. Pimipluey v. 
 Mayor, &c., of Balto., 47 Md. 145. Ireton v. Mayor, &c., of Balto., 61 
 Md. 432. DuRan v. Mayor, &c., of Balto., 70 Md. 1. Balto. City v. 
 Merryman, 86 Md. 591. Balto. City v. Gorter, 93 Md. 6. Davidson v. 
 Balto. City, 96 Md. 511. Balto. City v. Beck, 96 Md. 190. 
 
 As to powers of the municipal corporation generally, see M. & C. 
 C. of Balto, V. Howard, 20 Md. 335. Mayor, &c., of Balto. v. Poultney, 
 25 Md. 107. Mayor, &c., of Balto. v. Groshon, 30 Md. 436. Hagerstown 
 V. Seliner, .'57 Md. ISO. (JrcfT v. Mayor, 44 Md. 67. Mayor, &('., of Balto. 
 V. Reitz, 50 Md. 574. Ileiykell v. Mayor, 65 Md. 148. Stati; v. Rowe, 72
 
 Md. 548. Lake Rol. Elv. R. R. Co. v. Balto., 77 Md. 352. Revell v. 
 Annapolis, 81 Md. 1. M. & C. C. of Balto. v. Keeley Inst., 81 Md. 106. 
 Mealey v. Hagerstown, 92 Md. 741. Packard v. Hayes, 94 Md. 233. Mur- 
 doch V. Strange, 99 Md. 104. Cambridge v. Water Co., 99 Md. 502. 
 -See note to sec. 1, Art. 1 (Statutes) City Code (1879). 
 City may be sued in the County for trespass to real estate. 
 
 Baltimore v. Turnpike Company, 104 Md. 351. 
 Southern boundary of city extends to limit of any pier built from city 
 side into river. 
 
 West. Md. Co. V. City, 106 Md. 561. 
 But jurisdiction does not extend over floating piers or vessels, moored 
 to shore. 
 
 Treuth v. State, 120 Md. 257. 
 In transitory actions city must be sued in its own Courts. 
 Phillips v. M. & C. C, 110 Md. 431. 
 
 P. L. L., (1860) Art. 4, sec. 2. P. L. L., (1888) Art. 4, sec. 1. 
 
 1888, ch. 111. 
 
 2. All the property and franchises of every kind belonging 
 to, or in possession of the Mayor and City Council of Balti- 
 more are vested in said corporation. The said corporation may 
 receive in trust, and may control for the purposes of such trust 
 all moneys and assets which may have been or shall be bestowed 
 upon it by will, deed or any other form of gift or conveyance in 
 trust for any general corporate purpose, or in aid of the 
 indigent poor, or for the general purposes of education or for 
 charitable purposes of any description within the said city, 
 and the said corporation may' dispose of, in the manner and 
 upon the terms in this Article provided, any property belong- 
 ing to it. 
 
 Itlxrs. of McDonough v. Murdoch, 15 Howard 413. Darlington v. 
 Mayor & C. C. of Balto., 51 Md. 1. Gregg v. Mayor & C. C. of Balto., 
 56 Md. 256. Barnum v. Mayor & C. C. of Balto.. 62 Md. 275. David- 
 son V. Balto. City, 96 Md. 511. Cf., Johnson v. Frisbie, 29 Md. 76. Kil- 
 patrick v. Mayor, 81 Md. 179. 
 
 The legislature possesses wide powers of control and legislation over 
 the City of Baltimore, but its power is not absolute and unlimited. 
 
 Thrift v. Laird, 125 Md. 55. 
 
 P. L. L., (1888 )Art. 4, sec. 4. 1888, ch. 98. 
 
 3. All the provisions of the Constitution of the State and 
 of this Article shall be applicable to the portions of Baltimore 
 County, which, under the terms and provisions of the Act of 
 1888, Chapter 98, have been annexed to the City of Baltimore. 
 All streets, avenues or alleys lying in any portion of Baltimore 
 County, which, under the provisions of said Act of 1888, 
 Cliapter 98, became a part of Baltimore City, and which shall 
 have been legally condemned as streets under the provisions
 
 3 
 
 of the Acts of Assembly of Maryland relating to streets in 
 Baltimore County, shall be held to be validly constituted streets 
 of Baltimore City in all respects as if the same had been legally 
 condemned as such by the Mayor and City Council of Balti- 
 more ; and all proceedings for the laying off, opening, grading 
 and construction of streets, avenues or alleys, which shall hsLve 
 been begun under Article 3, of the Public Local Laws, title 
 "Baltimore County," sub-title ''Streets," shall be proceeded 
 with and completed under said Article and sub-title. 
 
 Daly V. Morgan, 69 Md. 460. Chilton v. Brooks, 71 Md. 452. Mur- 
 giondo V. Hoover, 72 Md. 12. 
 
 As to effect of Annexation Act on rights of turnpike companies In 
 bed of streets in annexed territory and powers of the Mayor and Citj 
 Council of Baltimore in relation to streets occupied by such companies, 
 see, 
 
 Baltimore & Jerusalem Turnpike Co. v. Mayor & C. C. of Balto., Daily 
 Record, April 24, 1890. Roberts v. Loyola Perm. Bldg. Asso., 74 Md. 1. 
 Murphy v. McEney. 77 Md. SO. Mayor & C. C. of Balto. v. Turnpike 
 Co., 80 Md. 541. Ulmau v. Charles St. Ave. Co., 83 Md. 138. Park 
 Tax Case, 84 Md. 1. Baltimore City v. Broumel, 86 Md. 155. U. Rys. 
 Co. V. Hayes, 92 Md. 490. Upshur v. Baltimore, 94 Md. 754. Balta 
 City V. Balto. Co. Water & Elec. Co., 95 Md. 241. 
 
 1908, ch. 286. 1888, eh. 98. P. L. L. (1888) Art. 4, sec. 5. 
 4. All personal property situated or held in the territory 
 annexed to Baltimore City by the Act of 1888, Chapter 98^ 
 shall be subject to levy, taxation and assessment in the same 
 manner and form, and at the same rate of taxation as property 
 of similar character or description within the old limits of said 
 city may be subject. It shall be the duty of the Appeal Tax 
 Court of said city, as soon as possible after this section of this 
 article takes effect, to divide all the real and leasehold property 
 in said territory into three separate classes, to be known as 
 urban, suburban and rural property, for the purposes of city 
 taxation for the year 1909, and to revise said classification 
 annually thereafter for city taxation on or before October 1st 
 of each and every year for succeeding years in accordance with 
 the following classification, said three classes to be defined and 
 subject to city taxation as follows: (1) All real and lease- 
 hold property in said territory which is now legally liable; to 
 full city taxation, and all real and leasehold property situated 
 in said annexed territory, located in a block of ground not 
 exceeding 200,000 superficial square feet, formed and houndc*! 
 on all sides by inters(;('ting streets, avenues or alleys, opened, 
 graded, curbed and otherwise improved froTU curb to curb by 
 pavement, macadam, gravel or other substantial material, sliall 
 be cla.ssified as urban property, and shall be subject to the same
 
 rate of city, taxation as real and leasehold property within the 
 old limits of said city may be subject. (2) Every lot, or piece 
 of real and leasehold property to a depth not exceeding 200 
 feet, situate in said territory, which fronts, binds or abuts on 
 any public street, avenue or highway, lighted at public expense, 
 and completely paved from curb line to curb line, including 
 gutters, with bitulithic, asphalt, asphalt blocks, belgian blocks, 
 vitrified bricks, macadam in good condition as heretofore laid 
 before this section of this article took effect, or if laid subse- 
 quent thereto, laid without direct assessment for the cost thereof, 
 in whole or in part, upon the abutting property owners, unless 
 the owners of a majority of front feet of property binding upon 
 said street, avenue or highway, or the part thereof to be paved, 
 expressly assent to said direct assessment, and laid in accordance 
 with existing standards of proper macadam construction as 
 laid under the supervision of the City Engineer, or other 
 improved pavement (or with cobblestones laid before this sec- 
 tion of this article took effect, or laid subsequent thereto upon 
 the assent of the owners of the majority of the front feet of 
 property binding upon said street, avenue or highway, or the 
 part thereof to be paved), as distinguished from earth or gravel, 
 which streets, avenues or highways are continuously connected 
 by public or private streets, roads, avenues or highways (other 
 than turnpikes upon which tolls are charged within the limits 
 of said city) paved from curb line to curb line, including gut- 
 ters, with bitulithic, asphalt, asphalt blocks, belgian blocks, 
 vitrified bricks, macadam or other improved pavement or cobble 
 stones, as distinguished from earth or gravel, with the territory 
 embraced within the old city limits, shall be classified as subur- 
 ban property, and shall be subject, for the purposes of city 
 taxation to a rate equal to two-thirds of the rate to which urban 
 property may be liable, but in no year shall the rate for subur- 
 ban property exceed that of one dollar and thirty cents f $1.?>0) 
 on the one hundred dollars ($100) of the assessed value of such 
 suburban property. (3) All real and leasehold property in 
 said annexed territory which does not come under either the 
 classification of urban or suburban property, as hereinbefore 
 defined, shall be classified as rural property, and shall be sub- 
 ject, for the purposes of city taxation, to a rate equal to one- 
 third of the rate to which urban property may be liable, but in 
 no year shall said rate be less than the rate of sixty-five cents 
 on the one hundred dollars ($100) of the assessed value of 
 such rural property; provided, that all taxes levied or assessed 
 in said annexed territorv prior to the lew and assessment to
 
 be made for the year 1909 shall be subject to the provisions of 
 the Act of the General Assembly of Maryland, Chapter I.'IO, 
 Acts 1902, and all other laws in force relating to the levying 
 and assessment of taxes in said annex prior to the passage of 
 this Act. All the easements and rights of way of railroads and 
 the tracks or other structures erected thereon, and all easements 
 or other property located in, on, under or over the streets, roads, 
 avenues, alleys, highways, or ways in said annexed territory, 
 shall be and hereafter remain subject to taxation as now or 
 hereafter provided by law. 
 
 Daly V. Morgan, 69 Md. 460. Sindall v. Mayor & C. C. of Balto., 93 
 Md. 526. U. Rys. & Elec. Co. v. Balto. City, 93 Md. 630. Balto. Belt 
 R. R. Co. V. Baltimore, 93 Md. 638. Goebel's Case, 93 Md. 749. Kuenzel's 
 Case, 93 Md. 750. Gittings v. Baltimore, 95 Md. 420. Baltimore City v. 
 Poole, 97 Md. 71, 72. Joesting v. Balto. City, 97 Md. 590. 0/., Groif v. 
 Mayor, 44 Md. 67. Baltimore v. Rosenthal, 102 Md. 298. United Rail- 
 ways, etc. Co. V. Baltimore City 93 Md. 630. Joesting v. Baltimore City, 
 97 Md. 591. Storck v. Baltimore City, 101 Md. 476. M. & C. C. of Balto. 
 V. Rosenthal, 102 Md. 298. Hiss v. M. & C. C. of Balto.. 103 Md. 621. 
 
 For classification at full rate streets must be public. Rubblestone 
 gutters are sufficient curbing within the meaning of the Act. 
 Smith V. Baltimore, 120 Md. 143. 
 
 Passes upon size of block in Annex, and condition of the paving, to 
 bring block under full city rate of taxation. 
 
 M. & C. C. V. Harris, 113 Md. 227. 
 
 Defines a block for taxation in the Annex. 
 
 M. & C. C. V. Knell, 111 Md. 583. 
 
 4A. Kepealed by Act of 1908, Chapter 286. 
 
 p. L. L., (1888) Art. 4, sec. 0. 18S8, ch. 98. 1890, ch. 468. 
 
 5. The annexation to the City of Baltimore of the territory 
 described in the Act of 1888, Chapter 98, shall not aifect the 
 right of any turnpike or toll-road company heretofore char- 
 tered by this State from collecting tolls upon such parts of 
 their said roads as lie within .said territory, nor shall any provi- 
 sion in the charter of said companies which prohibits the erec- 
 tion of a toll gate within one mile of Baltimore City, operate to 
 require the removal of any toll-gates now located within said 
 territory. But the Mayor and City Council of Baltimore shall 
 have the power to purchase or condemn from said coni])anios 
 such portions of their several turnpike roads as lio with in the 
 city, or to arrange with the said companies for tlic iciuoval of 
 their turnpike gates beyond the city limits, and to appropriate 
 such sums of money as may be necessary to carry ont these 
 
 objects. 
 
 M. & C. C. of BiiUimoro v. Turnpike Co., 80 Md. 541. Ilhnan v. 
 Charles St. Ave. Co., 83 Md. 138.
 
 6 
 
 ge:n^eral powers. 
 
 6. The Mayor and City Council of Baltimore shall have 
 
 full power and authority: 
 
 Baltimore City v. Gorter, 93 Md. 1. 
 The legislature possesses wide powers of control and legislation over 
 the City of Baltimore, but its power is not absolute and unlimited. 
 
 Thrift V. Laird, 125 Md. 55. 
 
 (1) BUILDINGS. 
 
 P. L. L., (ISOO) Art. 4, sees. 29, S23, 8G4, 943. P. L. L., (1888) Art. 4, 
 
 sees. 121-124. 1892, eh. 10. 1904, ch. 616. 1906, 
 
 ch. 797. 1910, ch. 704. 
 
 To direct in what part of Baltimore City buildings of wood 
 shall not be erected ; to regulate and establish the size of bricks 
 that are to be used in the houses to be built in the City of 
 Baltimore ; to provide for the entry into and examination of all 
 dwellings, lots, yards, inclosures and buildings, cars, boats and 
 vehicles of every description; to ascertain their condition for 
 health, cleanliness and safety; to regulate the building and 
 maintenance of party walls, partition fences, parapet and lire 
 w^alls, smoke flues, fire places, hot-air flues, boilers, kettles, 
 smokestacks and stovepipes. To provide for and regulate the 
 safe construction, inspection and repairs of all private and 
 public buildings within the city; and to compel the consump- 
 tion of smoke and make such regulations as may be deemed 
 necessary to prevent the same from becoming deleterious or 
 offensive to health. To take down and remove, or make safe 
 and secure, any and all buildings, walls, structures or super- 
 structures, at the expense of the o^vners thereof, that are or 
 may become dangerous, or to require their owners or agents to 
 take dovni and remove them, or put them in a safe and sound 
 condition at their o\\ai expense ; to make any and all costs and 
 expenses incurred in, about the taking down and removal, of 
 making safe and secure of all buildings, walls, structures or 
 superstructures, as aforesaid, a lien upon the interests of the 
 owners in the land or improvements, or both, and to provide 
 for the enforcement of such liens by sale of the property, 
 whether real or personal ; to regulate, restrain or prohibit the 
 erection of wooden or frame buildings within the present limits 
 of the city, and to remove the same at tlie o^vner's expense when 
 erected or suffered to remain contrary to law or ordinance ; to 
 regulate the height, construction and inspection of all new 
 buildings hereafter erected in said city ; and the alteration and 
 repairs of any buildings already erected, or hereafter to be 
 erected in said city ; and the ordinance regulating the construe-
 
 tion and inspection of buildings in said city passed by the City 
 Council and approved by the Mayor October 23, 1891, is hereby 
 authorized and legalized in the same manner as if full authority 
 had been given by the General Assembly for the passage of 
 the same prior to its enactment ; to regulate the limits within 
 which it shall be lawful to erect any steps, porticos, bay win- 
 dows, bow windows, show windows, awnings, signs, columns, 
 piers or other projections or structural ornaments of any charac- 
 ter for the houses fronting on any of the streets, lanes or alleys of 
 said city ; provided, however, that within that part of Baltimore 
 City actually consumed by the great fire of February 7 and 8, 
 1904, it shall be unlawful to erect upon the streets, lanes and 
 alleys of the city, between the grade of the sidewalks and a 
 point ten feet above such grade, any such awning, step, portico, 
 bay window, bow window, show window, sign, except signs 
 placed against buildings and not extending more than two inches 
 therefrom, column, pier or other projection or structural orna- 
 ment of any character, except the stone bases of pilasters for 
 ornamental and architectural effect, not exceeding more than 
 eight inches from the building line. 
 
 Mayor v. Radecke. 49 Md. 217. Garrett v. Janes. 65 Md. 260. Town- 
 send. Grace & Co. V. Epstein, 93 Md. 537. Bostock v. Sams, 95 Md. 400. 
 Storck V. Mayor, etc. Baltimore, 101 Md. 476. 
 
 In the Storck case, above cited, the Act of 1904, ch. 616, was declared 
 inoperative as to that part of the city outside of the "Burnt District." 
 The first proviso in section 6 of the City Charter, title "General Powers," 
 sub-title "Buildings," as re-enacted by said Act, was declared void for 
 luicertainty, and the second proviso thereof void as beins arbitrary 
 and unreasonable. The object of the Act 1906, ch. 797, was to modify 
 the paragraph relating to buildings so as to conform lo the decision of 
 the Court of Appeals in the Storck case. 
 
 For furthei- cases relating to building matters, covered by the para- 
 graph of section 6 in relation to buildings, see, — 
 
 Barry v. Edlavitch, 49 Md. 217. Dorsey v. ITabersack. .S4 Md. 117. 
 Serio v. Murphy, 99 Md. 545. 
 
 (2) CARKTAGES. 
 
 p. L. L., (1S60) Art. 4. sees. 13S, 1.39, 86.3. ISSO, ch. 69. P. T>. L., 
 (ISSS) Art. 4. sees. 1.32-1.34. 
 
 To license and regulate all carriages and other vehicles owned 
 or used for the pui'pose of business or pleasure, and also all 
 hackney coaches, carriages, carts, drays, omnibuses, wagons and 
 other vehicles, kept for liiie or hired in said city, and also to 
 license and regulate the (■iiij)loyment of all hackmen, draymen, 
 wagoners, carters, porters and wat(!rmen, plying for hire within 
 the limits, and to pass all necessary and projx'r regnlations re- 
 specting the same; provided, however, llial all revenue arising
 
 8 
 
 from said licenses shall be applied to the paving or repaying of 
 the public highways of the city. Every carriage, coach or other 
 vehicle moved by horses or other animal power, which shall 
 be used for the conveyance of persons within the city of Balti- 
 more for hire or compensation, shall be deemed a hackney 
 carriage. To regulate the breadth of the wheels of wagons, 
 carts and drays to be used for hauling burdens on the streets 
 of said city, but such regiTlations shall not affect persons hauling 
 produce to said city. 
 
 ' Vansant v. Harlem Stage Co., 59 Md. 330. State v. Rowe, 72 Md. 
 552. Mason v. Cumberland, 92 Md. 451. 
 
 (3) CHIMNEYS, 
 
 p. L. L., (1860) Art. 4, sec. 150. P. L. L., (1888) Art. 4, sec. 148. 
 
 To license and regulate the sweeping of chimneys and fix 
 the rates thereof, and to regulate the sweeping of any chim- 
 ney by the neglect of which the city may be endangered, and 
 to ascertain and regulate the width of those to be built in the 
 city. 
 
 (4) COI^DEMNATIO:^ OF PKOPEKTY. 
 
 1892, ch. 307. P. L. L.. (1888) Art. 4. sec. 14Sa. 1906, cli. 397. 1906. ch. 
 
 402. 1908, ch. 166. 
 
 To acquire by purchase or condemnation any land or any 
 interest therein which it may require for school-houses, engine- 
 houses, court-houses, markets, streets, bridges and their ap- 
 proaches, the establishment or enlargement of parks, squares, 
 gardens or other public places, the establishment of esplanades, 
 boulevards, parkways, park grounds or public reservations, 
 around, adjacent, opposite, or in proximity or leading to any 
 public building or buildings, or which it may require for any 
 other public or municipal purpose ; and also any and all land 
 and property or interest in land and property adjoining and 
 extending such distance as may- be adjudged necessary from 
 any property in use or about to be acquired for such esplanade, 
 boulevard, parkway, park grounds or public reservation, as 
 aforesaid, the use of which said adjacent property it may be 
 deemed necessary or beneficial to subject to lawful restrictions 
 or control, in order to better protect or enhance the usefulness 
 of such public building or buildings, or in any manner to pro- 
 mote the interests of the public therein, or to more fully 
 effectuate the purposes ol the establishment of such esplanade, 
 boulevard, parkway, park grounds or public reservations ; and 
 to sell thereafter such adjacent lands or property, subject to 
 such reservations or restrictions as to the subsequent use thereof,
 
 9 
 
 as may appear advisable for the protection of such public build- 
 ing or buildings, or for enhancing the usefulness thereof, or 
 in any manner to promote the interests of the public therein, 
 or for better insuring the protection or usefulness of such 
 esplanade, boulevard, parkway, park grounds or public reserva- 
 tions, or in any manner to better accomplish the purposes and 
 serve the public interests for which they shall have been or 
 shall be established. The Mayor and City Council of Baltimore 
 may prescribe the procedure for condemnation of any land 
 or property situated wholly within the City of Baltimore, which 
 under the foregoing provisions it is authorized to condemn, 
 but such procedure as the said Mayor and City Council of 
 Baltimore may adopt shall include provision for reasonable 
 notice to the owner or owners, and for appeals to the Balti- 
 more City Court by any person interested, including the Mayor 
 and City Council of Baltimore, from the decision of any com- 
 missioners or other persons appointed to value any such land or 
 property, or interest therein, Nothing herein contained shall 
 be construed as depriving the city of any power of condemnation 
 for any purpose already vested in it. The Mayor and City 
 Council of Baltimore shall have full power and authority to 
 provide by ordinance for ascertaining whether any and what 
 amount of benefits will accrue to the owner or possessor of any 
 ground or improvements within the City of Baltimore by reason 
 of the establishment or enlargement of any parks, squares, gar- 
 dens, esplanades, boulevards, parkways, park grounds, public 
 reservations or other public places, for which said owner or 
 possessor ought to pay compensation, and to provide by ordi- 
 nance for assessing or levying the amount of such benefits on 
 the property of persons so benefited ; provided, that provision 
 is made therein for reasonable notice to the person or persons 
 against whom sucli benefits are to be assessed, and provided 
 that provision be made for appeals to the Baltimore City Court 
 by any person or persons interested, including the Mayor and 
 City Council of Baltimore, from the decision of any board, 
 commissioners or other persons appointed or authorized to assess 
 such benefits. 
 
 f)'I{rioii V. P.altiiiKirc licit U. K. Co.. 74 .Md. :',"}. (Uurk v. M.iyor, 
 Vic. T'.iilto.. SI M(l. :>,-[-,. 
 
 W'hdrcc.t (1)1(1 IJocLh: ("oiKk'iiiiiat ioii ol' wliiirt'iif,'!' mid (l(ickii;;i' rij,'lits. 
 \'!i I nation of franchise riplit of wharfafje, rif^^lit of appcllanls to dock 
 its own vessels at its wliarf an<l the iif,'ht of aceess to sueh wliarf over 
 njiviyahle water. Ileltl tliat it is impossible to sef^reyate these elements 
 for jtnrposos of valuation separately in the condemnation of same for 
 Iiulilif inijirovements. 
 
 Mayor iV C. ('. of i'.alto. v. IJalto. A: I'hila. Steanihoal Co., 101 Md. ISG.
 
 10 
 
 Condemnation of Property: In this connection, see also Baltimore v. 
 Rice, 73 Md. 307; Van Witzen v. Gutman, 79 Md. 411; Shanfelter v. 
 Mayor, etc., SO Md. 483. 
 
 For recent cases relative to parties entitled to compensation when 
 land is condemned for municipal purposes, see, 
 
 Mayor, etc. Hagerstown v. Groh, 101 Md. 560. Baltimore City v. 
 Latrobe, 101 Md. 625. 
 
 Mere inconvenience of access, or mere diminution of light and air to 
 propei'ty does not constitute a "taking" within the meaning of the 
 Constitution. Such injury to come within the constitutional provision 
 must be such as to amount to their substantial destruction. 
 Baltimore v. Bregenzer, 125 Md. 78. 
 
 Condemnation proceedings for water supply. 
 
 Brack v. Baltimore, 125 Md. — . 
 
 A dedication of land to public use may be revoked before acceptance 
 by an exclusive and adverse possession thereof by the owner. 
 Canton Co. v. M. & C. C, 106 Md. 69. 
 
 In condemnation proceedings under the Annex Improvement Act of 
 1904, property liable for benefit assessment in street openings, even 
 though the Act provides a loan out of which expenses of condemnation 
 may be defrayed. 
 
 Lauer v. M. & C. C, 110 Md. 447. 
 
 In street condemnation proceedings the preliminary plat showing 
 property to be taken need not show a portable building. 
 Whiteley v. M. & C. C, 113 Md. 541. 
 Street held not to be dedicated to public use. 
 
 Bloede v. M. & C. C, 115 Md. 594. 
 
 Merely because parties may receive from the closing of a street more 
 direct benefits than the public at large, it does not follow that the 
 closing of the street is for private and not for public benefit. 
 M. & C. C. V. Brengle, 116 Md. 342. 
 
 The principle that damages are not ordinarily recoverable for an 
 injury to adjacent land caused by a lawful change in the grade of a 
 public highway is confined to cases in which no part of the abutting 
 property is taken and where any land is taken in a street condemnation, 
 the "just compensation" required to be paid under the Constitution 
 must include not only the value of the land condemned, but also a due 
 allowance of damages for injury to the remainder. 
 
 M. & C. C. V. Garrett, 120 Md. 60S. 
 
 When the erection of a structure in a public street cuts off the light 
 and air, and the ingress and egress to and from a building abutting on 
 said street, it amounts to a taking of property even though there has 
 been no actual physical invasion. 
 
 Walters v. M. & C. C, 120 Md. 644. 
 
 Where a deed merely describes the land conveyed as abutting on a 
 street which was only referred to once, and whose width is not given, 
 and where there was no evidence of any dedication, it was held that no 
 dedication could be presumed from the deed. 
 
 M. & C. C. V. Yost, 121 Md. 366. 
 
 The fact that Chapter 110 of the Acts of 1910, authorizing the con- 
 struction of the Fallsway, provided a fund to meet the cost and expenses
 
 11 
 
 of the improvement, had no effect on the po^A•er of the city and the 
 Commissioners for Opening Streets to assess benefits. 
 
 P. B. & W. R. R. Co. V. M. & C. C, 121 Md. 504. 
 
 The Fallsway having been constructed under the special authority of 
 Chapter 110 of the Acts of 1910, there was no legal necessity of giving 
 the notice required by Section 828 of the Charter, in order to render 
 benefit assessments valid. 
 
 Safe Deposit & Trust Co. v. M. & C. C, 121 Md. 522. 
 
 The "just compensation" required by the Constitution to be paid when 
 private property is taken for public use, includes not only the value of 
 the part of the lot condemned, but also a due allowance for damages for 
 any injury done to the remainder. 
 
 M. & C. C. V. Megary, 122 Md. 20. 
 
 In condemnation proceedings to close a street, damages cannot be 
 legally demanded for consequential injuries to property that is several 
 squares distant from the street closed and which has means of ingress 
 and egress independent of the street closed. 
 
 German Lutheran Church v. M. & C. C, 123 Md. 142. 
 
 In condemnation proceedings to open a public street, the question of 
 whether the permanent grade should not be established before the 
 assessment of benefits is one within tl'e iurisdiction of the Baltimore 
 City Court, with the right of an appeal from its decision to the Court 
 of Appeals. 
 
 M. & C. C. V. Johnson, 123 Md. 320. 
 
 When an assessment for benefits for the opening of a street has been 
 made before the fixing of the grade, on appeal to the Baltimore City 
 Court, a prayer instructing the jury that there is no evidence in the 
 case legally sufficient to justify an asses.sment of benefits against the 
 property is proper. 
 
 Patterson, et al. v. M. & C. C. 124 Md. 153. 
 
 When a street is dedicated to the public merely by deeds and plats of 
 the grantee and has never been expressly or by implication accepted by 
 the public authorities or ever used as a street for over sixty years after 
 such deeds were recorded, and where the ground so dedicated had never 
 been paved or lighted but had been enclosed by a fence and leased out 
 and used by private parties, and for over tliirty yenrs flio inihlic authori- 
 ties had assessed and collected taxes on the property, it was held that the 
 city was estopped from asserting any rights over the property or from 
 accepting the dedication. 
 
 M. & C. C. v. Canton Co., 124 Md. 020. 
 
 Where in a conveyance of land the description is by reference to 
 streets designated as sucli in the conveyance or on a map made by the 
 city or by the owner of the property, there is an implied covenant that 
 the purchaser shall have the use of such streets, and such conveyance 
 is evidence tending to establish a dedication of the streets so referred 
 to, if at the time of the deed the title in the beds of the streets was in 
 the grantor. 
 
 P. B. & W. R. R. Co. v. M. & C. C, 124 Md. G35. 
 
 The city has no power to assess benefits which materially amount to 
 more than the aggregate of damages and expenses, and It Is the duty 
 of the Commissioners for Opening Streets to (li'iluct ilic excess, if ilicy 
 find such, pro rata. 
 
 Md. Trust Co. v. M. & C. ('.. ILT) M-l. Id.
 
 12 
 (5) FIRE. 
 
 p. L. L., (1860) Art. 4, sees, 29, 30, 236-238, 249. 1878, cli. 120. 
 1884, ch. 312. 1886, eh. 463. 1888, ch. 393. P. L. L., (1888) - 
 Art. 4, sees. 312-315C, 324, 328. 1894, ch. 190. 
 
 To establish and regulate fire wards and fire companies, and 
 all matters pertaining to the prevention and extinguishment of 
 fires. To appropriate a sum of money annually for the relief 
 of disabled and superannuated firemen, for the relief of the 
 widows and children of firemen who have been killed in the 
 discharge of duty, and to provide by general ordinance for 
 giving pensions to employees of the Baltimore Fire Department 
 who may become unable to perform further service, by reason 
 of age, or other physical or mental disabilities. To retire from 
 office in the Fire Department any permanent or called member 
 thereof who has become permanently disabled while in the actual 
 performance of duty, or has performed faithful service in the 
 department for a period of not less than twenty consecutive 
 years, and placing the member so retired upon a pension roll, 
 the amount of annual pension to each pensioner to be an amount 
 equal to one-half the yearly amount then being received by 
 him, for service in said department at the time of such retire- 
 ment, per annum, payable in monthly installments. To appro- 
 priate annually such sums of money as shall be sufficient to 
 pension all such members of the Fire Department as shall be 
 upon the pension roll. To regulate the evil and pernicious prac- 
 tice of firing or discharging crackers within the limits of said 
 city, either by prohibiting sale of the crackers or otherwise. To 
 erect and provide magazines for the storage of gunpowder 
 brought to the city and to compel the storage of same therein, 
 and to regulate the price of said storage. To regulate the 
 storage of naval stores and other combustible matter in such 
 quantities or in such places in the city as may be deemed dan- 
 gerous. To provide for the inspection of oils or fluids made 
 from petroleum or its products, to be used for illuminating 
 purposes, offered for sale in the City of Baltimore, and for the 
 appointment of inspectors for that purpose, and to impose such 
 fines and penalties as it may deem necessary and proper in the 
 premises. To fix by ordinance the standard or flashing point of 
 oils, or fluids made from petroleum or its products, used for 
 illuminating purposes, and offered for sale in said city, and to 
 provide for the inspection of the same, and for the appointment 
 of inspectors for that purpose. 
 
 Where a municipality furnishes water gratuitously to be xised in 
 extinguishing fires it acts in a governmental capacity and is not liable 
 for negligence in connection with its water works. 
 
 Wallace v. Baltimore, 123 Md. 638.
 
 13 
 
 (6) FISH. 
 
 To regulate the sale or disposition of fish within the limits 
 of the City of Baltimore; to impose fines or penalties for the 
 violation of any regulation it may establish. 
 
 (7) FRUITS, MEATS, VEGETABLES AND OTHER 
 
 ARTICLES. 
 
 p. L. L., (1S8S) Art. 4, sec. 646A. 1890, ch. 100. 
 
 To license and regulate the sale of fresh fruits, meats, vege- 
 table and all other perishable articles in the City of Baltimore. 
 
 (8) HARBOR, DOCKS Al^D WHARVES. 
 
 p. L. L., (1860) Art. 4, sees. 263, 264, 265, 266, 271, 272, 793, 794, 796, 
 
 944, 945. 1880, ch. 418. 1884, ch. 230. 1884, ch. 309. 
 
 1888, ch. 261. P. L. L., (1888) Art. 4, sees. 343, 
 
 344, 346-350, 355-357, 367-368. 1908, 
 
 ch. 148. 1912, ch. 32. 
 
 1914, ch. 144. 
 
 To provide for the preservation of the navigation of the 
 Patapsco River and tributaries, including the establishment 
 of lines throughout the entire length of said Patapsco River 
 and tributaries, beyond which lines no piers, bulkheads, wharf, 
 pilings, structures, obstructions or extensions of any character 
 may be built, erected, constructed, made or extended ; to provide 
 for improving, cleaning and deepening said river and tribu- 
 taries, and the removal therefrom of anything detrimental to 
 navigation or health ; to provide for and regulate the stationing, 
 anchoring and moving of vessels or other water craft, and to 
 prevent any material, refuse or matter of any kind from being 
 thrown into, deposited in or placed where the same may fall, 
 or be washed, into said river or tributaries ; to make surveys or 
 charts of the Patapsco River and tributaries, and to ascertain 
 the depth and course of the channels of the same; and when 
 necessary in its judgment, to affix buoys or water marks for 
 facilitating and rendering more safe the navigation thereof ; to 
 erect and maintain and to authorize the erection and main- 
 tenance of, and to make such regulations as it may deem proper, 
 respecting wharves, bulkheads, piers and piling, and the keep- 
 ing of the same in repair, so as to prevent injury to navigation 
 or health; to regulate the use of public wharves, docks, piers, 
 bulkheads or pilings, and to lease or rent the same, and to 
 impose and collect dockage from all vessels and water craft lying 
 at or using the same, and to collect wharfage and other charges 
 upon all goods, wares, merchandise or other articles landed at.
 
 14 
 
 shipped from, stored on or passed over the same ; to provide 
 for the appointment of such officers aud employees as may be 
 necessary to execute the aforegoing powers and to impose lines 
 or penalties for a breach of any ordinance passed in conformity 
 herewith, said fine not to exceed two hundred dollars ($200) 
 for any one offence. Provided, however, that, except in regard 
 to docks or wharves owned by the Mayor and City Council of 
 Baltimore, nothing contained in this Act shall be construed to 
 impose any duty upon the Mayor and City Council of JJalti- 
 more to any person or corporation using said river, or any of 
 its tributaries, in regard to the safety thereof, or to render the 
 said Mayor and City Council of Baltimore liable for any loss 
 of life, or injury or damage to person or property, by reason 
 of any obstruction in, or unsafe condition of, any part of said 
 river, or of said tributaries or branches, or either of them. 
 Nothing contained in this Act shall be so construed as to render 
 the City of Baltimore, or any of its officers, liable in damage 
 or otherwise to any person or persons, or corporations, for any 
 omissions to pass any ordinance, regulation or resolution pur- 
 suant to the provisions hereof, or for a failure to enforce the 
 same. 
 
 Classen v. Chesapeake, SI Md. 258. M. & C. C. of Balto. v. St. Agnes 
 Hospital, 48 Md. 419. Harrison v. Sterrett, 4 H. & McH. 540. Girauds' 
 r.essee v. Hughes, 1 G. & .T. 249. Dugan v. Mayor, 5 G. & J. 357. Ber- 
 nard V. Torrence, 5 G. & J. 394. Wilson v. Inloes, 11 G. & J. 351. Casey's 
 Lessee v. Inloes, 1 Gill 430. Mayor, etc. v. White, 2 Gill 444. The wharf 
 case, 3 Bland 361. Baltimore v. McKim, 3 Bland 453. Hammond's 
 Les.see v. Inloes, 4 Md. 138. Patterson v. Gelston, 23 Md. 443. Broad- 
 way, etc. Co. V. Hankey, 31 Md. 346. Page v. Mayor, .34 Md. 558. Gar- 
 rittee v. Mayor, 53 Md. 422. McMurray v. Mayor, 54 Md. 103. 
 
 Actional negligence cannot be injputed to the city for mistake of 
 judgment, or even negligence, of its officers in performing govern- 
 mental function of selecting a place for the loading of explosives, from 
 which it derives no profit. 
 
 Foard Co. et al. v. State of Md. etc., 219 Fed. Kept. 827. 
 
 The one subject of an act being the charter powers and obligations of 
 the city, an act repealing and re-enacting several sections of the City 
 Charter is not invalid under Section 29 of Article 3 of the State 
 Constitution. 
 
 Foard Co. et al. v. State of Md. etc.. 219 Fed. Rept. 827. 
 
 (9) HEALTH. 
 
 p. L. L., (1860) Art. 4, sec. 797. 1886, ch. 396. 1890, ch. 509. 
 P. L. L., (1888) Art. 4, sees. 378 and 400. 
 
 To preserve the health of the city. To prevent and remove 
 nuisances. To prevent the introduction of contagious diseases 
 within the city, and within three miles of the same upon land.
 
 15 
 
 and within fifteen miles thereof upon the navigable waters lead- 
 ing thereto. To regulate the places of manufacturing soap and 
 candies, the erecting of slaughter houses and distilleries, and 
 where every other oifensive trade may be carried on. To regu- 
 late the construction, care, use and management of tenement 
 houses, lodging houses and cellars in the City of Baltimore, for 
 the better protection of the lives and health of the inmates dwell- 
 ing therein. 
 
 Harrison v. Mayor, &c., 1 Gill 264. Mayor v. Brannan, 14 Md. 227. 
 N. C. Ry. Co. V. Baltimore, 21 Md. 105. Altvater v. Baltimore, 31 Md. 
 466. Mayor, &c., v. Radecke, 49 Md. 217. Boelim v. Mayor, &c., 61 
 Md. 259. State v. Mott, 61 Md. 297. Deems v. Mayor & C. C. of Balto., 
 SO Md. 170. Cochrane v. Frostburg. 81 Md. 54. Hagerstown v. Witmer, 
 86 Md. 293. Balto. v. Fairfield Improvement Company, 87 Md. 352. 
 
 Decisions Defining the Powers of a Municipal Corporation in Relation to 
 Public Health, Safety and Similar Police Powers. 
 
 HEALTH ORDINANCES. 
 
 Poiver of Municipal Corporation to pass same. It is not for Courts of 
 Justice to say that a given enactment passed by the Legislature in virtue 
 of the police power, and having a direct relation to it is void for unrea- 
 sonableness; but whenever power has been delegated by the Legislature 
 to a municipal corporation to adopt and promulgate ordinances for the 
 protection of the public health, morals or safety, the reasonableness of 
 the measures enacted by the municipality is a feature to which the 
 courts look to see whether the measure is within the power granted. 
 
 State v. Hyman, 98 Md. 618. 
 
 INFECTIOUS AND CONTAGIOUS DISEASES. 
 Small Pox. Expenses of Disinfection. 
 
 See, Harrison v. Mayor, 1 Gill 264. 
 
 NUISANCES GENERALLY. 
 There is no prescriptive right to maintain a public nuisance. 
 P. W. & B. R. R. Co. v. State, 20 Md. 1.57. N. C. Ry. Co. v. Balti 
 more, 21 Md. 105. 
 As to duty of City to prevent public nuisances, see, 
 
 Mayor v. Brannan, 14 Md. 227. 
 A private individual cannot maintain an action for damages resulting 
 from a public nuisance unless he suffers some special injury. The remedy 
 is by indictment. 
 
 Harrison v. Sterrett, 4 H. & McH. 550. 
 A municipal corporation, without any general laws, either of the City 
 or of the State, within wliicli a given structure can be sliown to bo a 
 nuisance, cannot by a mere declaration that it is one, subject it to 
 removal by any person supposed to be aggrieved, or even by the city 
 itself. 
 
 New Windsor v. Stocksdale, 95 Md. 215. 
 The municipality cannot. l)y merely declaring a structure over n 
 (iedi>ale(l alley not yet occupied liy it. a nuisance, remove fbe smiiic. but 
 the fact that it was a nuisance should have been lirst establislied lieroie 
 a court of competent jurisdiction. 
 
 Frostburg v. Ilitchlns, 99 Md. 617.
 
 16 
 
 Particular Nuisances. 
 Batvdy House. A bawdy house is a public nuisance which may be 
 eiijomeci if a continuing nuisance and in addition a suit for damages will 
 lie for the depreciation of property resulting from its maintenance. 
 Hamilton v. Whitridge, 11 Md. 143. 
 nridffe. When a defective bridge may be a nuisance, — 
 
 -See, P. W. & B. R. R. Co. v. State, 20 Md. 157. 
 liuildings. A dilapidated building or wall, menacing the users of the 
 street, is a nuisance. 
 
 Murray v. McShane, 52 Md. 217. 
 Cattle running at Large, See, 
 
 Cochrane v. Frosthurg, SI Md. 54. 
 Cess-pools in Toicns. See, 
 
 Sprigg V. Garrett Park, 89 Md. 410. 
 Coasting in Streets or on Sidewalks. When a nuisance which city is 
 bound to prevent; see, 
 
 Altvater v. Mayor, 31 Md. 466. Taylor v. Cumberland, 64 Md. 6S. 
 Dogs Running at Large. Validity of ordinances providing for killing 
 of same sustained. 
 
 City of Hagerstown v. Witmer, 86 Md. 293. 
 Drains. Overflow from drains flooding lands, see, 
 
 Guest V. Commissioners of Church Hill, 90 Md. 689. 
 Elevated Structures. Not necessarily a public nuisance, see, 
 Garrett v. Lake Roland Elv. R. R. Co., 79 Md. 286. 
 Fertilizer Factory. When a nuisance. Prescriptive right where plain- 
 tiff "came to the nuisance," discussed. 
 
 Susquehanna Fertilizer Co. v. Malone, 73 Md. 268. 
 Ice on Footways. Duty and liability of municipality arising therefrom 
 discussed. Baltimore v. Marriott, 9 Md. 174. 
 
 Lime Kilns. A particular use of property declared a nuisance by an 
 ordinance of a municipal corporation, did not make such use a nuisance, 
 unless it be so in fact, according to the common law or statutory defini- 
 tion of a nuisance. 
 
 State V. Mott, 61 Md. 259. 
 Livery Stable. Declared not to be a nuisance per se, but may become 
 so by its construction or use. 
 
 Commissioners of Easton v. Covey, 74 Md. 262. Metropolitan Savings 
 Bank v. Manion, 87 Md. 68. Gallegher v. Flury, 99 Md. 187. 
 
 A stable for horses is not a nuisance per se, and the erection of one 
 will not be enjoined merely because it may become one from the way it 
 may be managed. 
 
 King v. Hamill, 97 Md. 107. 
 Markets. Duty of City to prevent nuisances in markets. Hole in 
 market place. Mayor v. Brannan, 14 Md. 227. 
 
 Navigable Waters. Obstruction of navigable waters of Patapsco by 
 deposits of mud and sediments. 
 
 Garrittee v. M. & C. C. of Baltimore, 53 Md. 422. 
 Noxious Gases from Fertilizer Factories, see. 
 
 Fertilizer Co. v. Spangler, 86 Md. 562. 
 Obstructions in Public Streets, constitute a public nuisance and the 
 remedy is by indictment. 
 
 Fort V. Graves, 29 Md. 188. Houck v. Wachter, 34 Md. 265.
 
 17 
 
 Offensive Trades. Rules for determiuing when they .constitute a 
 nuisance. 
 
 Horner v. State, 49 Md. 277. 
 As to whether noises, smell and the like physical discomforts arising 
 from the prosecution of a commendable and necessary trade or business 
 will be treated as constituting a nuisance, see, 
 
 Gibbons v. Becker, Daily Record, February 21, 1893. Cf., Berge v. 
 Baltimore Cemetery Co., Daily Record, October 26, 1889. 
 Pest Houses. Leprosy, when a nuisance, see, 
 
 Baltimore City v. Fairfield Imp. Co., 87 Md. 352. 
 Privies. When a nuisance, see, 
 
 Boehm v. Baltimore, 61 Md. 259. 
 Authority of State Board of Health to compel installation of sewers 
 in various counties of State and in Baltimore City. 
 
 Welch, et al. v. Coglan. et al.. Daily Record, April 21, 1915. 
 Shade Trees. Not removable by a municipal corporation unless they 
 constitute a nuisance. 
 
 Frostburg v. Wineland. 98 Md. 239. 
 Slaughter Houses. Blood, ofCal and refuse from slaughter houses let 
 hito a mill race rendering water offensive and impure constitute a public 
 nuisance. Woodyear v. Henry Schaefer, 57 Md. 1. 
 
 Smoke, Noxious Vapor, etc. Smoke, noxious vapor, noise and vibra- 
 tion in-oductive of active physical discomfort and rendering one's habi- 
 tation unfit and unsafe is a nuisance, though the business may be lawful. 
 
 Dittman v. Repp, 50 Md. 516. 
 Smoke, Noise, Tihration. Smoke, steam and cinders from a chimney; 
 when a nuisance, see, 
 
 Lurssen v. Lloyd. 76 Md. 360. Euler v. Sullivan, 75 Md. 616. 
 Steam Boiler. Not a nuisance per se. An ordinance committing to an 
 official the power to declare a steam boiler a nuisance and to demand its 
 removal without a provision to determine whether it is a nuisance in 
 fact, is void. Baltimore v. Radecke, 49 Md. 217. 
 
 Toll Gate. A toll gate upon a highway unauthorized is a public 
 nuisance. Schall v. Nusbaum, 56 Md. 512. 
 
 (10) HOSPITALS. 
 
 p. L. L., (1860) Art. 4, sec. 31. P. L. L., (1888) Art. 4, sec. 409. 
 To erect or establish houses of correction, ahiishonses, refor- 
 matories, hospitals or pest-houses, within or without the city, 
 if necessary, and make all regulations for the government of 
 
 the same. 
 
 Baltimore City v. Fairfield Imp. Co., 87 Md. 352. 
 
 (11) INSPECTIONS. 
 
 I'. L. L., (1S60) Art. 4. sees. 28, 942. 943. P. L. L., (1888) Art. 4, sees. 
 425-427. 1894, ch. 53. 1896, ch. 273. 
 
 To establish and regulate inspections within the city. To 
 
 make the standard of weights and measures the same iu the 
 
 City of Baltimore as in the rest of the State, and rufm-c tlio
 
 18 
 
 same by inspection. To regulate and fix the assizing of bread. 
 To provide by ordinance for the proper inspection of milk or 
 any and all other food products oifered for sale in the City of 
 Baltimore or intended for consumption therein ; to make and 
 from time to time to alter such regulations in regard to the 
 sale of milk or any or all other food products as to it may seem 
 necessary to protect the public health ; and to provide by fine of 
 not more than one hundred dollars for each ofTense for the 
 punishment of violations against such regulations and ordi- 
 nances ; to provide for such number of inspectors or analysts 
 as it may deem necessary, and to fix their duties and compen- 
 sation, and from time to time change the number, duties and 
 compensation of said inspectors and analysts. To provide by 
 ordinance for the proper inspection of all bakeries, bake shops, 
 candy factories, confectioneries, or other places for the manu- 
 facture of bread, cakes, confectionery and similar food products, 
 for the purpose, more especially, of ascertaining their sanitary 
 condition and cleanliness, and for the purpose of ascertaining 
 the purity, healthfulness and wholesomeness of the flour, sugar, 
 butter, lard and other ingredients used in making such 
 bread, cakes, confectionery and other articles of food offered 
 for sale in the City of Baltimore, or intended for consumption 
 therein; to make and from time to time alter such regulations 
 or ordinances in regard to the sale of said food products as to it 
 may seem necessary to protect the public health, and to provide 
 by fine of not less than twenty dollars nor more than one hun- 
 dred dollars for each offense for the punishment of violations 
 against such regulations and ordinances; to provide for such 
 number of inspectors and analysts as it may deem necessary, 
 and to fix their duties, qualifications and compensation. 
 State V. Broadbelt, 89 Md. 565. 
 As to power to regulate inspection of millv, see^ 
 
 Deems v. Mayor & C. C. of Balto., SO Md. 164. 
 
 (12) JAIL. 
 
 1S6S, ch. 3. P. L. L., (1888) Art. 4, sec. 536. 
 To own, regiilate and control the Jail of Baltimore City. 
 
 (13) JO^TES' FALLS. 
 
 1864, ch. 163. 1870, ch. 115. 1870, ch. 113. P. L. L.. (1888) Art. 4, 
 
 sees. 574-578, 581, 582. 
 
 To make such improvements in connection with Jones' Falls 
 as in its judgment are desirable, and for this purpose to change 
 the course, lines and boundaries of said stream, in whole or
 
 19 
 
 part ; to widen and deepen the same ; to lay out and construct 
 on the sides and adjacent to said stream, streets, avenues and 
 wharves.; to construct all such sewers and drains in said city as 
 shall be deemed requisite in connection with said improvement ; 
 and generally to do all such things, and exercise all such powers, 
 as, in its judgment, shall be necessary to be done and exercised 
 for the accomplishment of any plans for the improvement of 
 Jones' Falls which have been or may be adopted by it. To have 
 power at any time to acquire all property of every kind and 
 description which may be necessary or advisable, in its judg- 
 ment, to acquire, for the accomplishment of the purposes men- 
 tioned, and shall moreover have full power to provide for the 
 ascertainment of the value of all property and rights of prop- 
 erty which it is thus authorized to acquire, and to ascertain 
 whether any and wiiat amount, in value, of damages will be 
 caused by the construction of the aforesaid works of improve- 
 ment in connection with Jones' Falls, or any of them, to the 
 owner or possessor of any property, or rights of property, within 
 the said city, for which the owner or possessor ought to be com- 
 pensated, and to ascertain what amount of benefits will be caused 
 by the construction of the aforesaid works of improvement, or 
 any of them, to the owner or possessor of any property or rights 
 of property, for which said owner or possessor ought to pay a 
 compensation, and to provide for assessing or levying, either 
 generally on the whole assessable property of the city, or especi- 
 ally on the property of persons benefited, the whole or any 
 part of the damages and expenses which it sliall be ascertained 
 will be incurred in constructing such works in connection with 
 the improvement of Jones' Falls, as it has determined or shall 
 determi]ie to make. To provide for granting appeals to Balti- 
 more City Court from the decision of any Commissioners, or 
 other persons appointed by virtue of any ordinance, to ascertain 
 the value of the property which the city may wish to acquire foi- 
 the purposes aforesaid, or the damages which will be caused, 
 or the benefits which will accrue, by the construction of the 
 aforesaid works of improvement, and to secure to every owner 
 or possessor of any property, or right of property, which it may 
 thus purpose to acquire, or which may thus be decided to be 
 damaged or benefited, the right on application within a time to 
 be prescribed by ordinance, to have decided by a jury trial, the 
 true value of the property proposed to be acquired for the ])ur- 
 poses aforesaid, and whether any and what damage will be 
 caused, or any and what benefits will accrue to the owner ni- 
 possessor of the property so assessed for damages or bcnclils
 
 20 
 
 respectively, and to provide for collecting and paying over the 
 amount of compensation adjudged to each person entitled, or 
 invest it in the stock of the said city, for the use of the person 
 so adjudged to be entitled to the same, and to provide for col- 
 lection, by the sale of the property assessed, or otherwise, of all 
 sums assessed as benefits aforesaid, and generally to enact and 
 pass all ordinances, from time to time, which shall be deemed 
 necessary and proper to exercise the powers and effect the objects 
 for the exercise and accomplishment of which this paragraph of 
 this section is passed. To define and locate the limits of J ones' 
 Falls within the City of Baltimore, and to acquire by purchase 
 or condemnation, under proceedings for which provision is made 
 in this Article, the absolute and exclusive right and title to 
 all the land and rights of property embraced within the said 
 limits, and in the ground covered by all streets or avenues which 
 it may lay out and condemn on the sides of the stream, and it 
 shall have an estate in fee simple in the same. It shall have 
 power and is authorized to construct wharves or quays along 
 the margin of said stream, or use the said streets or avenues for 
 wharf or quay purposes, and collect tolls or wharfage from all 
 vessels or boats using the same. To make such changes in the 
 grades of the streets in the City of Baltimore as shall, in its 
 judgment, be necessary for the proper construction of works 
 connected with the improvement of Jones' Falls, which it may 
 determine to construct, and it shall not be necessary, in order to 
 make such changes in the grades of streets, to obtain the consent 
 of any of the proprietors of the ground fronting on said streets, 
 or affected by such changes. To make such provisions as it 
 shall deem best for defraying the cost of grading and paving 
 of any streets or avenues which it may lay out and condemn 
 along the margin or side of Jones' Falls. To issue bonds to an 
 amount not exceeding two million five hundred thousand dollars, 
 from time to time, as the same may be required in the course of 
 the construction of the works connected with the improvement 
 of Jones' Falls, for the construction of which provision is made 
 by the ordinance of the Mayor and City Council of Baltimore, 
 entitled ''An ordinance to provide for the improvement of 
 Jones' Falls within the limits of the City of Baltimore, and to 
 open avenues and construct sewers on the borders thereof," the 
 said bonds to be issued in sums of not less than one hundred 
 dollars each, redeemable in thirty years, and bearing interest 
 at 6 per cent, per annum, payable quarterly, transferable as 
 other city bonds, as provided in sections one and two of an 
 ordinance of the Mayor and City Council of Baltimore, entitled
 
 21 
 
 "An ordinance to authorize the issuing of bonds of the City of 
 Baltimore, for the purpose of providing means for the improve- 
 ment of Jones' Falls," approved January 31, 1870; provided 
 that said bonds shall not be issued unless the last mentioned 
 ordinance shall be approved by the votes of a majority of the 
 legal voters of the said city, cast at the time and places provided 
 for in the last mentioned ordinance. To compel any indi- 
 viduals, companies or 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 its judgment the 
 public good may require, and to have the same backed up or 
 filled in with earth, so as to secure the same and the adjacent 
 property from danger of being inundated with water ; and when- 
 ever it may deem necessary, to compel individuals, companies 
 or bodies politic, to rebuild or repair, in a good and sufficient 
 manner, any stone wall owned by them and binding on Jones' 
 Falls within the limits of the City of Baltimore; and should 
 any individuals, companies or bodies politic neglect or refuse 
 to wall up Jones' Falls, rebuild or repair any such wall within 
 the limits of the City of Baltimore, when required so to do, the 
 said city may cause the same to be done, and it is authorized and 
 empowered to recover the cost of such wall, rebuilding or repair- 
 ing, by suit at law, from the party who may have refused or 
 neglected to build, rebuild or repair such wall ; and the cost of 
 such wall shall be a lien on the property so walled up or re- 
 paired. 
 
 M. & C. C. of Baltimore v. Lefferraan, 4 Hill 425. Merrick v. Mayor, 
 4.S M(l. 219. Mayor, etc., v. MusRrave, 48 Md. 272. GresK v. Mayor, 
 56 Md. 256. f^ee Norwood v. Balder, 172 U. S. 83. 
 
 In Lefferman's case above cited, it was held that Act 1S21, ch. 2.52 on 
 same subject was unconstitutional, because it imposed the whole ex- 
 pense of a public improvement on the individual immediately benefited. 
 
 But all the expense of constructing sidewalks may be imposed on 
 abutting property. 
 
 Hyattsville v. Smith. 105 Md. 318. Bassett v. Ocean City, 118 Md. 114. 
 Chicago V. Janesville, 28 L. R. A. (New Series), 1125 and notes. 
 
 See Act 1910, ch. 110, quoted in sees. 826p., S26q., 826r., S2(;s. and 
 826t. 
 
 (14) LICENSES. 
 
 p. L. L., (1860) Art. 4, sec. 27. 1878, ch. 414. 1888, ch. 495. 
 P. L. L., (1888) Art. 4, sees. 654, 657, 658, 664. 
 To license, tax and regulate all businesses, trades, axocal ions 
 or professions. To license, regulate, ta.x or suppress hawkers, 
 peddlers, brokers, pawnbrokers, intelligence offices, street exhibi- 
 tions or fortune-tellers.
 
 22 
 
 state V. Applegarth, 81 Md. 293. Salfner v. State, S4 Md. ".01. Gain- 
 bridge V. AVater Co., 99 Md. .501. 
 See cases under "Markets." 
 
 (14a) LIBRAEIES. 
 
 1908, ch. 144. 
 
 The Mayor and City Council of Baltimore is authorized and 
 empowered to appropriate and pay over such sum or sums, as 
 it shall from time to time deem proper, for the equipment, main- 
 tenance or support of the Enoch Pratt Free Library of Balti- 
 more City, or of any other free public library in Baltimore City, 
 or of the branches of the Enoch Pratt Library of Baltimore 
 City, or of any other free public library in Baltimore City, pro- 
 vided, that the title or ownership of the property of every such 
 library or branch is vested in the said Mayor and City Council 
 of Baltimore. 
 
 (15) MARKETS. 
 
 P. L. L., (1860) Art. 4, sees. 631, 635, 638, 639, 640, 651. P. L. L., (ISSS) 
 Art. 4, sees. 671, 675, 678, 679, 680, 691. 
 
 To erect, regulate, control and maintain markets and stalls 
 within the City of Baltimore, and to regulate and control the 
 sale of all goods, wares, merchandise and other articles therein. 
 To lease, sell or dispose of any stalls or stands in any market, 
 in such manner and upon such terms as it may think proper. 
 To contract for, purchase, lease and hold to it and its successors, 
 in fee simple, or for a term of years, renewable from time to 
 time forever, any lands, tenements, and their appurtenances in 
 the vicinity of any market for the purpose of extending same. 
 To condemn any land or other property or any interest in land 
 or other property for market purposes in the mode provided in 
 this Article. To levy and collect all costs, damages and expenses 
 incurred by the condemnation proceedings aforesaid. The clerks 
 of the markets shall have full power and authority to seize by 
 distress any meats, vegetables or other articles upon any stall 
 or stand in the market-houses of the City of Baltimore, if the 
 person or persons owning such stall or stand shall not pay 
 the rent due thereon, and they shall also collect all fines and for- 
 feitures imposed by this Article or ordinances relating to mar- 
 kets, and account for the same to the Mayor and City Council 
 of Baltimore. To levy and collect all the costs, damages and 
 expenses awarded in any condemnation proceedings provided for 
 in this Article, for the extension or construction of any market 
 or markets in the City of Baltimore.
 
 23 
 
 State V. Rowe, 72 Md. 548. 
 
 Mayor v. Brannan, 14 Md. 227. Hatch v. Prendergast, 15 Md. 251. 
 Musgrave v. Staylor, 36 Md. 124. Rose v. Mayor, 51 Md. 256. Border 
 State Savings Bank v. Wilcox, 63 Md. 525. Green v. Western Nat. Bank, 
 86 Md. 290. Pfeflferling v. Balto. City, 88 Md. 475. Cambridge v. Water 
 Co., 99 Md. 503. -See Baltimore City Code (1879), page 622, note. 
 
 Market Stalls. The right to lease the stalls and stands in any market 
 in any manner, and for any term they may think proper is an exercise 
 of municipal powers not in express terms, nor by fair or reasonable in- 
 tendment, conferred upon the Mayor and City Coimcil of Baltimore by 
 sections 671 and 678 of Article 4, Code Public Local Laws (now 
 sec. 6. title "General Powers," sub-title "Markets," of the City Charter). 
 
 M. & C. C. of Balto. V. Grieves, Daily Record, September 14, 1892. 
 
 Since new Charter giving right to license, tax and regulate no objec- 
 tion to license or tax that it produces more money than needed for regu- 
 lation. 
 
 Meushaw v. State. 109 Md. 84. City v. Wollman. 123 Md. 310. 
 
 City may permit part of the street to be used for market stalls. 
 State V. Burkett, 119 Md. 609. 
 
 Right to use and occupy a market stall is an easement which may be 
 transferred by Bill of Sale. 
 
 Goldberg v. Novichow, 113 Md. 29. 
 
 City has power to regulate the charges for market stalls. Is an ad- 
 ministrative and not a legislative function. The regulation must not 
 impair the obligations fixed by contract. 
 
 Baltimore v. Wollman, 123 Md. 310. 
 
 (15A) MUNICIPAL FERKT. 
 
 1912, ch. 32. 
 
 To establish, own and operate a municipal ferry across the 
 northwest branch of the Patapsco River from some point or 
 points on the north side thereof to some point or points on the 
 sonth side thereof, and to acquire for that purpose, by purchase, 
 condemnation or otherwise any boats or ships, landings or other 
 property that may be necessary for that purpose, and to fix the 
 ferry rates or charges thereof. 
 
 (IG) PARKS. 
 
 1862, ch. 29. P. L. L., (1888) Art. 4, sec. 705. 1896, ch. 366. 
 
 To establish, maintain, control and regulate parks or squares 
 in the City of Baltimore, for the recreation and benefit of its 
 citizens. The resolution of the Mayor and City Council of Bal- 
 timore, appointing a commission in relation to the proposed 
 public parks, approved June 4, 1800, and the ordinance of the 
 Mayor and City Council of Baltimore, to provide; for a public 
 park or parks, approved June 21, 18G0, are confirmed; and all 
 acts done, or which may hereafter be done, by the said Mayor 
 and City Council of Baltimore, or the ofiicers of said city, or the
 
 24 
 
 Park Commission acting under the provisions of the said resolu- 
 tion and ordinance, shall have the same effect as if the said 
 jMayor and City Council of Baltimore, prior to the passage of 
 said resolution and ordinance, had been expressly empowered, 
 by Act of the General Assembly, to enact a resolution and ordi- 
 nance in the precise terms of said resolution and ordinance, and 
 to provide for carrying the same into effect. All the rights, 
 privileges and authority heretofore granted by ordinance, to 
 the Park Commission, are hereby transferred to the Board of 
 Park Commissioners as constituted in this Article. The Board 
 of Park Commissioners be and hereby is authorized and em- 
 powered, upon and immediately after the execution and de- 
 livery, by the owners thereof, of the deed hereinafter referred 
 to, to the Mayor and City Council of Baltimore, to assimie 
 exclusive jurisdiction and control over the public highway known 
 as Green Spring Avenue Road, extending from the north en- 
 trance of Druid Hill Park, through parts of Baltimore City and 
 parts of Baltimore County, to the Western Run bridge in Balti- 
 more County, with full power in said Board of Park Commis- 
 sioners to regulate the use of the said Green Spring Avenue 
 Road as a highway, and to prescribe the hours when and the 
 manner in which manure carts, hay wagons and all or any other 
 description of vehicles may use the same, and to prescribe fines 
 and penalties for the violation of such regulations, in the same 
 manner as it prescribes fines and penalties for violations of the 
 public park regulations. The owners of said Green Spring Ave- 
 nue Road are hereby authorized to grant, and the Mayor and 
 City Council of Baltimore are hereby authorized to accept from 
 said owners, a good and sufficient deed for the bed of said road, 
 subject to the rights of the adjacent property-holders to use the 
 same as a highway. Prom and immediately after the acceptance 
 by the Mayor and City Council of Baltimore, of the deeds men- 
 tioned above, all obligation and duty upon the part of either the 
 owners of said Green Spring Avenue Road or of the public 
 authorities of Baltimore County, to keep or maintain said road 
 in repair, shall cease, and from and immediately after said time, 
 the sole obligation to keep and maintain said road-bed in repair, 
 shall rest upon the Mayor and City Council of Baltimore. The 
 Board of Park Commissioners, as herein provided for, sliall 
 have all the rights, powers and authority as are specifically set 
 forth in this paragraph of this section and elsewhere in this 
 Article, and all rights, powers and authority are hereby granted 
 to the Mayor and City Council of Baltimore to make such other 
 and further rules and regulations as it may deem proper for
 
 25 
 
 the maintenance of all parks and squares within the City of 
 Baltimore not inconsistent with this Article. 
 
 Mayor & C. C. of Baltimore, v. Reitz, 50 Md. 574. Upshur v. Balti- 
 more City. 94 Md. 778. See notes, Baltimore City Code, (1879 pp. 677- 
 678 and 683). 
 
 The park fuud under existing laws is to be applied to park purposes 
 only and to be expended and distributed for such purposes by the Board 
 of Park Commissioners. 
 
 Baltimore v. Williams, 124 Md. 502. 
 
 (17) POLICE. 
 
 To appropriate a sum of money annually for the relief of 
 disabled and superannuated members of the police force of 
 Baltimore City, and for the relief of widows and children of 
 policemen who may be killed in the discharge of duty. 
 
 (18) POLICE POWER. 
 
 P. L. L., (1860) Art. 4, sec. 32. P. L. L., (1888) Art. 4, sec. 721. 
 To pass ordinances for preserving order, and securing prop- 
 erty and persons from violence, danger and destruction, protect- 
 ing the public and city property, rights and privileges from 
 waste or encroachment, and for promoting the great interest and 
 insuring the good government of the city. To have and exercise 
 within the limits of the City of Baltimore all the power com- 
 monly known as the Police Power to the same extent as the 
 State has or could exercise said power within said limits. But 
 no ordinance heretofore passed, or that shall hereafter be passed 
 by the Mayor and City Council of Baltimore, shall hereafter 
 conflict or interfere with the powers or exercise of the powers 
 of the Board of Police of the City of Baltimore, heretofore 
 created, nor shall the said city, or any officer or agent of the 
 city, or of the Mayor thereof, in any manner impede, obstruct, 
 hinder or interfere with the said Board of Police, or any officer, 
 agent or servant thereof or thereunder. 
 
 Mayor cr rcl. v. Police Board. 15 Md. 4.55. Shafer v. Muniina. 17 
 Md. :5:;i. I'.oehm v. Baltiiuorc, 61 Md. 2.59. State v. Mott. 61 Md. 297. 
 Singer v. State. 72 Md. 467. State v. Ro\v(\ 72 Md. 551. Trag(>s(>r \-. 
 Cray. 73 Md. 2.50. L:ikf Kolimd. etc. R. R. Co. v. Balto., 77 Md. 352. 
 Deems v. Mayor & ('. (". of Halt iiiiorc, SO Md. 17.3. M. & C. C. of Balto. 
 V. Turni»ike Co.. 80 Md. .530, 545. Cochrane v. Frostburg, 81 Md. 54, 05. 
 Hagcrstown v. Wittmer. 86 Md. 293. B.-ar Creek Co. v. Balto. City. 87 
 Md. 94. Balto. City v. Cowen. 88 Md. 447. I'oole v. Falls Road. (^U: 
 Co., 88 Md. .5.33. Upshur v. T'.alto., 94 Md. 751. Bostock v. Saius. 95 Mil. 
 414. 415. Frostlmrg v. Ilitcliiiis, 99 Md. 627. 
 
 City may regulate height of buildings. 
 
 Cochran v. Preston, 108 Md. 221. Martin v. District, 205 U. S. 1.39. 
 
 Moving pif'ttire iii;icliii)es may be regulated. 
 
 State V. Loden, 117 Md. .373.
 
 26 
 
 City must pass ordinance to prevent nuisances or obstructions in the 
 street, but is not responsible for tlie failure of the Police Department 
 to enforce them. 
 
 Taxi Cab Company v. Baltimore, 118 Md. 359. 
 
 Reasonable segregation Ordinance not interfering with vested rights 
 is within the police power. 
 
 State V. Gurry, 121 Md. 535. 47 L. R. A. New Series, 1087. 
 
 Statute may regulate hours of labor for laborers employed by con- 
 tractors on city work. 
 
 Sweeten v. State, 122 Md. 635. Elkan v. State, 122 Md. 642. 
 
 Regulations concerning removal of garbage and oflfal are valid exercise 
 of the police power. 
 
 Wm. R. Schultz v. State of Maryland, 112 Md. 211. 
 
 Power to pass ordinance providing additional penalty for offense 
 punishable under State law. Validity of ordinance imposing a different 
 penalty for sale of cocaine. Invalidity of a provision for forfeiture of 
 license not affecting remainder of ordinance. 
 
 Rossberg v. State, 111 Md. 394. 
 
 Whatever police power can be exercised by a municipal corporation 
 over the rights and property of its citizens must be derived from the 
 legislature; it must be expressed by grant or fair and reasonable 
 intendment. 
 
 United Railways Co. v. State Roads Commission, 123 Md. 561. 
 
 (19) PEDDLERS. 
 
 1878, ch. 414. P. L. L., (1888) Art. 4, sec. 657. 1892, ch. 90. 
 
 The Mayor may grant permits, upon the payment of the snm 
 of seven dollars to the Comptroller, to such number of poor per- 
 sons as to him may seem proper, to peddle within the limits of 
 the City of Baltimore, notions, and small wares without a 
 license; provided, that the stock in trade of such peddler shall 
 not exceed twenty-five dollars in value, and the said Mayor at 
 any time may revoke any such permit. 
 
 Banks v. McCosker, 82 Md. 519. 
 
 (20) PUMPS, FOUIsTTAINS AND SPRI:NGS. 
 
 p. L. L., (1860) Art. 4, sec. 823. P. L. L., (1888) Art. 4, sec. 936. 
 
 To erect and regulate pumps, fountains and springs, in the 
 streets, lanes and alleys of the City of Baltimore. 
 
 (21) RAILROADS. 
 
 P. L. L., (1860) Art. 4, sec. 856. P. L. L., (1888) Art. 4, sec. 762. 
 
 1894, ch. 210. 
 
 On application or assent, in writing, of the owners of the 
 major part in extent of the front feet of the lots fronting on each 
 side of any street, or part of street, to pass, subject to the pro- 
 visions and requirements of sections 37 and 85 of this Article,
 
 27 
 
 such ordinances as shall be necessary for the construction of any 
 track or railway of a steam railroad on and along such street; 
 to permit and cause such alteration in the grade of such street 
 as may be necessary for the more convenient and viseful con- 
 struction of such railway ; and may levy and assess on all lots 
 fronting on such street, or part of street, or on the owners of 
 such lots, their just proportion of the expense of such construc- 
 tion, and enforce payment thereof ; provided, notice be given to 
 such owners before said assessment is made, with the right to a 
 hearing as to the propriety of the same, and the further right of 
 a jury trial by appeal to the Baltimore City Court, and the 
 proprietor of any lot in front of which any such railway shall be 
 so constructed, and the just proportion of which shall be paid 
 by him, shall be entitled, at his own expense, to have a con- 
 venient siding or turn-out made, to enable him to have the bene- 
 ficial use of such railway. The city may, whenever the public 
 interests require, revoke the privilege granted to such railroad 
 to use said street or part of a street, upon the payment to such 
 railroad of the actual cost of construction of said railway tracks, 
 and upon such revocation and pa^Tiient aforesaid, the said rail- 
 road shall remove all its tracks from said street. To require 
 street passenger railways to provide proper fenders to their cars 
 for the protection of human life and to lessen the danger thereto 
 arising from collisions with such cars, and to enforce said re- 
 quirements by such fines and penalties as may be prescribed by 
 ordinance. To regulate the use of the streets by street railways. 
 
 N. C. R. R. Co. V. Mayor, 21 Md. 93. N. C. Ry. Co. v. M. & C. C. of 
 Balto., 46 Md. 425. Hodges v. Balto. P. Ry. Co., 5S Md. 603. N. Balto. 
 R. R. Co. V. N. Avenue R. R. Co., 75 Md. 233. N. Balto. Pass. R. R. Co. v. 
 Baltimore, 75 Md. 247. Pake Rol. El. R. R. Co. v. Baltimore, 77 Md. ,352, 
 384. Lake Roland, etc. Co. v. Webster, SI Md. 529. Park Tax Case. 
 84 Md. 1. Poole v. Falls Itoad Ry. Co., 88 Md. 536, 538. United Rys. & 
 Elec. Co. V. Hayes, 92 Md. 490. 
 
 As to general law limitation to right of railroads to pass through the 
 City of Baltimore. 
 
 W. M. Tidewater R. R. Co. v. Leonard, Daily Record, June 15, 1903. 
 
 A street railway-has no paramount right to own Its own (racks and a 
 grant of the right to lay such tracks is subject to the paramount right 
 of the city to interfere with the same. 
 
 City & Suburban Ry. Co. v. Brush Elec. Co., Daily Record, De- 
 cember 20, 1895. 
 
 In coiiiipctions with powers under this sul)-title, sec aluo, 
 
 O'Brien v. Balto. BcU R. R., 74 Md. .374. (!hes. & I'ol. Tel. Co. v. 
 McKenzie, 74 Md. 48. Koch v. N. Av. R. R. Co.. 75 M<1. 222. Balto. 
 City V. P,'alt(». Trust & Cnar. Co.. 16(i U. S. 67::. Crccii v. City & Su- 
 burinm Ry. Co., 7S Md. 294. (ianctt v. Lake Hoi. El. K. R. Co.. 79 
 Md. 277. Birch v. Lake Rol. El. R. R. Co., S3 Md. 3(;9. I>ake Uol. K\.
 
 28 
 
 R. R. Co. V. Hibernian Society, S3 Md. 420. Hooper v. Balto. City 
 Pass. Ry. Co., 85 Md. 509. Baltimore v. Cowen, 88 Md. 454. Central 
 Ry. Co. V. P. W. & B. R. R., 95 Md. 439. 
 
 (22) SCHOOLS. 
 
 1S72, ch. 377. 1884, ch. 2. P. L. L., (1888) Art. 4, sees. 776, 778, 779. 
 To establish in the City of Baltimore, in conformity with 
 the provisions of this Article, a system of free public schools, 
 which shall include a school or schools for manual or industrial 
 training. To pass all ordinances for the protection of school 
 houses and property, and to punish any person that may disturb 
 the sessions of the public schools. To levy and collect, upon 
 the assessable property in the City of Baltimore as other taxes 
 are levied and collected, such amount of taxes as may be neces- 
 sary to defray all expenses incurred for educational purposes. 
 
 School Commissioners v. Board of Education, 26 Md. 505. St. Mary's 
 Industrial School v. Brown, 45 Md. 310. M. & C. C. of Balto. v. Weath- 
 erby, 52 Md. 442. Hooper v. New, 85 Md. 565. Clark v. Md. Institute, 
 87 Md. 643. Baltimore City v. Lyman, 92 Md. 591. 
 
 Compare with provisions of Code P. G. L., Art. 77, sections 116-119. 
 
 (23) SEWERS. 
 
 P. L. L., (1860) Art. 4, sec. 835. 1868, ch. 181. P. L. L., (ISSS) Art. 4, 
 sees. 792 and 794. 1906, ch. 144. 
 
 To provide for construction, opening, enlarging or straighten- 
 ing, subject to the provisions herein contained as to the Board 
 of Public Improvements and Board of Estimates, any sewer or 
 drain, public or private, through any private property. To pave 
 and keep in repair, subject to the provisions herein contained 
 as to the Board of Public Improvements and Board of Estimates, 
 all necessary sewers and drains and to pass all regulations neces- 
 sary for the preservation of the same, and to authorize any per- 
 son appointed by it or by the Commissioner of Health or by the 
 City Engineer, as hereinafter provided, for that purpose, to 
 enter upon the lands, grounds or possessions of any person or 
 body politic, through which the common sewers or private sewers 
 or drains run or may run, to examine, inspect, regulate, make 
 or repair the same, such person, when not otherwise appointed 
 by it to be appointed by the Commissioner of Health, if the 
 sewer or drain be a private sewer or drain, though connected 
 with a public sewer, so far as said private sewer or drain shall 
 be upon private property, and to be appointed by the City Engi- 
 neer for all other sewers or drains; and in the case of private 
 sewers or drains, the regulations, making or repairino; of the 
 same to be at the expense of the owners of the property, real
 
 29 
 
 or leasehold, served by said sewers or drains, and with power 
 also to make any and all costs and expenses incurred in or about 
 the regulation, making or repairing of private sewers or drains 
 a lien upon the interests of the owners in the real or leasehold 
 property served by said sewers or drains, with power also to pro- 
 vide for the enforcement of such liens by sale of the property 
 whether real or leasehold ; to condemn any land or interest in 
 land in the mode provided in this Article for the use of the 
 Mayor and City Council of Baltimore in the construction of any 
 sewers or sewerage system ; to inspect and regulate house drain- 
 age and sewerage connections, and to prescribe the kind and 
 quality of material to be used for such purposes. But all work 
 done in making, repairing or altering within private property, 
 that is, not in any public street, public lane, public alley or public 
 property, any private sewer or drain or waste or ventilating pipe 
 connecting with a sewer, either public or private, shall be done 
 under the supervision of the Inspector of Plumbing of said city 
 under the direction of the Commissioner of Health and under a 
 permit fi-om the Commissioner of Health or his authorized 
 assistant, to be issued only to any person duly qualified to do 
 such work under said Article 4 of the Public Local Laws of 
 Maryland, said permit to be issued in accordance with any 
 ordinances now existing or which may hereafter be passed by 
 the Mayor and City Council of Baltimore not in conflict here- 
 with, or in accordance with any rules which may be adopted by 
 said Commissioner of Health not in conflict herewith or with 
 such ordinances. No other permit from any other officer what- 
 ever shall be required for said work and no charge shall be 
 made by the Commissioner of Health for said permit or for in- 
 specting the work done thereunder. ISTo charge shall be made 
 by the City Engineer or any other officer for inspecting any 
 work in the public streets, public lanes or public alleys of said 
 city done in connection with private sewers or house drains. 
 
 Kirhy v. Citizens Ry. Co., 48 Md. 1G8. Kranz v. Mayor, G4 Md. 491. 
 Ilitoliiiis V. FrostbuPK, G8 Md. 108. Chesapeake & rotomac Tel. Co. v. 
 MoKenzie, 74 Md. 48. Baltimore City v. Schnitker, 84 Md. 4.3. Balti- 
 more City V. Covven, 88 Md. 447. Cahill v. Baltimore City, 93 Md. 233. 
 
 See aluo, Short v. B. P. C. Ry. Co., 00 Md. 73. P., W. & B. R. R. Co. 
 V. Davis. 08 Md. 281. Frostburg v. Duffy, 70 Md. 47. Ilitchiiis v. 
 FrosthnrK, 70 Md. .'^7. Lion v. B. C. P. Ry. Co.. 90 Md. 20(;. Guest v. 
 ('onuiiissionors Cliurfli Hill. 00 Md. 089. 
 
 City not liable for failure to make improvements rcconuiieiided by 
 its officers. Evidence admissible to prove whether a sewer is of 
 siiflicH'iit capacity to carry ofT water in seasons of ordinary rainfall. 
 City not compelled to grade, pave and place gutters so as to prevent 
 property being flooded by water when private i)artles change the 
 configuration of adjacent land not lielonging to the city. 
 Kurrle v. M. & C. C. 113 Md. 0.3.
 
 30 
 
 A plaintiff cannot recover otherwise than according to the allegations 
 of his declaration, and a prayer based on other facts is improper. Negli- 
 gence. Recovery cannot be had upon testimony as to conditions appear- 
 ing sixteen months later, In the absence of all testimony as to how 
 the work had been done. 
 
 Baltimore v. Stalfort, 123 Md. 269. 
 
 (24) SQUAKES, SPKIN'GS AiND MONUMEITTS. 
 
 1892, ch. 349. 
 P. L. L., (1888) Art. 4, sees. 799D, 799E, 799F. 
 
 To establish, regulate and control all squares, springs and 
 monuments erected or constructed within the City of Baltimore, 
 and to provide for the maintenance of same. To provide by 
 ordinance for the purchase or condemnation of all that land 
 lying in the City of Baltimore between the lines of Dolphin 
 street on the north, Biddle street on the south, Jordan Alley on 
 the east, and Morris Alley on the west, or so much thereof as 
 may be necessary, upon a proper survey, to extend the line of 
 parking known as Eutaw Square from Dolphin street to Biddle 
 street, and the driveways on each side thereof; and to provide 
 for the assessing and levying on the whole assessable property of 
 the said city, or on the property of persons thereby benefited, 
 the whole or any part of the damages and expenses which may 
 be incurred in acquiring said land, and in locating and laying 
 out the said line of square ; and to provide for the granting 
 of appeals to the Baltimore City Court, from the decisions of 
 the Commissioners for Opening Streets or any Commissioners, 
 or other persons, appointed by authority of any ordinance to 
 ascertain the damages which will be caused or the benefits which 
 will accrue to the owners or possessors of ground, or improve- 
 ments in acquiring said land, and in locating, laying out and 
 extending said square from Dolphin street to Biddle street, and 
 for securing to every_ such owner and possessor the right, on 
 application within a reasonable time, to have decided by a 
 Jury trial, whether any damage has been caused, or any benefit 
 has accrued to them and to what amount ; and to provide for col- 
 lecting and paying over the amount of compensation adjudged 
 to each person entitled, or investing it in stock of said city, for 
 the use of any such persons who, because of their infancy, 
 absence from the city, or any other cause, may be prevented 
 from receiving it, before any part of the land lying within tlie 
 said lines shall be taken. Before the said city shall pass any 
 ordinance under the above provisions, at least sixty days' notice 
 shall be given of any application for the passage of such ordi- 
 nance, in at least two daily papers in said city ; and before the
 
 31 
 
 Commissioners for Opening Streets or any Commissioner or 
 Commissioners appointed by any ordinance under the above 
 provisions shall proceed to the performance of his or their dnty, 
 he or they shall give notice in at least two of the daily news- 
 papers in the City of Baltimore, of the object of the ordinance 
 under which he or they propose to act, at least thirty days before 
 the time of their first meeting to execute the same. 
 
 (25) STOCKS, LOAXS AIS^D FIISTANCE. 
 
 p. L. L., (1860) Art. 4, sec. 867. 1861, ch. 75. 1876, ch. 167. 18S0. ch. 94. 
 P. L. L., (1888) Art. 4, sees. 801, 804. 
 
 To levy upon the assessable property within the city, and 
 collect by tax any sum which may be necessary to pay and dis- 
 charge the principal and interest of any loan which may hereto- 
 fore have been obtained, or which may hereafter be obtained by 
 said city according to law. It shall create a sinking fund to meet 
 the liabilities thus incurred, and may also levy upon the assessa- 
 ble property of the City of Baltimore, from time to time, 
 such sums as may be necessary to provide therefor, and for the 
 payment of the principal and interest of the liabilities to be 
 incurred under this section, and may pass all ordinances neces- 
 sary to carry out the purpose of the same. Whenever the Com- 
 missioners of Finance shall be authorized by the city to invest 
 moneys belonging to the sinking fund of said city, in annuities 
 or ground rents, reserved out of the lands leased to the city and 
 payable by the said city, the said Commissioners may purchase 
 such rents or annuities and reversions of such lands; and the 
 conveyances thereof taken may be made to the Mayor and City 
 Council of Baltimore, in trust for the benefit and purpose of 
 the said sinking fund ; and in every such case, such conveyances 
 shall not work a merger of the lease or term, but, until otherwise 
 provided by law, the rent shall continue to be payable to the 
 city as if such purchase had not been made, but shall be re- 
 ceived and applied by the Commissioners of Finance as the 
 income of other investments of the sinlcing fund may be applied. 
 Whenever and as often as it may be necessary hereafter to issue 
 cfrtificates of indebt(>dness or city stock or bonds of the City of 
 Baltimore, either for loans of the said city, already created 
 and authorized by law, but not yet negotiated and issued, 
 or for loans which may be hereafter created and authorized 
 to ])e issued as aforesaid, provision may be made, in the dis- 
 cretion of the city for the payment of any taxes wliich 
 the holders of said certificates or bonds may be legaliv li;iMe; 
 provided, however, that the rate of interest payable on said loan
 
 32 
 
 shall not exceed the rate of five pei* cent, per annum ; and pro- 
 vided, further, that nothing herein contained shall prevent the 
 said city from negotiating said loans, or any part thereof, 
 already authorized by law, but not yet actually issued, or which 
 may be hereafter created and authorized by law, at a lower rate 
 of interest than five per cent, per annum, whenever it may 
 appear to the said city practicable and advisable to do so. 
 
 Baltimore v. Gill, 31 Md. 375. 
 
 (26) STREETS, BRIDGES AND HIGHWAYS. 
 
 (a) Opening, Extending, Widening, Straightening or clos- 
 ing up Streets. 
 
 1817, ch. 148. 1832, ch. 57. 1833, ch. 182. 1838, ch. 226. P. L. L., (1860^ 
 Art. 4, sec. 837. 187S, ch. 143. P. L. L.. (1888) Art. 
 4, sees. 806, 8061/2. 1894, ch. 312. 
 
 To provide for laying out, opening, extending, widening, 
 straightening or closing up, in whole or in part, any street, 
 square, lane or alley within the bounds of said city, which in 
 its opinion the public welfare or convenience may require. To 
 provide for ascertaining whether any, and what amount in 
 value, of damage will be caused thereby, and what amount of 
 benefit will thereby accrue to the owner or possessor of any 
 ground or improvements within or adjacent to said city, for 
 which said owner or possessor ought to be compensated, or ought 
 to pay a compensation, and to provide for assessing or levying, 
 either generally on the whole assessable property of said city, 
 or specially on the property of persons benefited, the whole 
 or any part of the damages and expenses which it shall ascertain 
 will be incurred in locating, opening, extending, widening, 
 straightening or closing up the whole or any part of any street, 
 square, lane or alley in said city. To provide for granting 
 appeals to the Baltimore City Court, from the decisions of the 
 Commissioners for Opening Streets or any Commissioner or 
 Commissioners, or other persons appointed by virtue of any 
 ordinance, to ascertain the damage which will be caused or the 
 benefit which will accrue to the owners or possessors of ground 
 or improvements by locating, opening, extending, widening, 
 straightening or closing up, in whole or in part, any street. 
 square, lane or alley within the said city, and for- securing to 
 every such owner or possessor the right, on application within a 
 reasonable time, to have decided by a jury trial whether any 
 damage has been caused, or any benefit has accrued to them, and 
 to what amount. To provide for collecting and paying over the 
 amount of compensation adjudged to each person entitled, or
 
 33 
 
 investing it in stock of the said city, for the use of any such 
 person who, because of infancy, absence from the city or any 
 other cause, may be prevented from receiving it, before any 
 street, square, lane or alley, in whole or in part, shall be so 
 opened, extended, widened, straightened or closed up, and to 
 enact and pass all ordinances, from time to time, which shall 
 be deemed necessary and proper to exercise the powers and 
 effect the objects above specified. To acquire the fee simple 
 interest in any land for the purpose of opening, extending, 
 widening or straightening, in whole or in part, any street, square, 
 lane or alley in Baltimore City. To provide by ordinance for the 
 collection of rent or revenue, which may or can be derived or 
 collected from the occupiers, tenants, or by whatever term they 
 may be called, for the use and occupation by them, of all build- 
 ing or buildings, or other property which the city pays for, to 
 the o-s\Tiers thereof, in all cases of street openings, straightenings, 
 closings or widenings, or in any case of condemnation for any 
 piirpose whatever, said rent to be paid by said tenants or occu- 
 piers of said building or buildings, or other property, to the city 
 authorities, from the date of payment for the same by the city 
 to the o^vners thereof, or from the date of the tender of such 
 payment, if for any cause said owners refuse or cannot lawfully 
 accept the same, until said building or buildings are removed, 
 and until said property shall be required by the city for its 
 purposes, under the condemnation proceedings. 
 
 Alexander v. Mayor. &c., 5 Gill 3S3. Methodist Prot Ch. v. Mayor, 
 &e., 6 Gill 391. Ricbardson v. Mayor, 8 Gill 433. White v. Flannigan, 
 1 Md. .542. Moale v. Mayor, &c.. 5 Md. 321. Steuart v. :\Iayor, &c., 
 7 Md. 500. Mayor v. Porter, 18 Md. 284. State v. Graves, 10 Md. 351. 
 Steuart v. State, 20 Md. 97. Douglass v. Boonsboro Turup. Co.. 22 Md. 
 219. Mayor, &c. v. P.ouldiu, 23 Md. 328. Mayor, &c. v. Clunet, 23 
 Md. 449. ' Hawley v. Mayor, &c., 33 Md. 280. Page v. Mayor. &c., 34 
 Md. 558. Hazelhurst v. Mayor, 37 Md. 199. Mayor v. Grand Lodge, 
 44 Md. 436. Norris v. Mayor, &c., 44 Md. 598. McCormick v. Mayor, 
 &c., 45 Md. 527. Dashiell v. Mayor, 45 Md. 016, 625, 620. Northern 
 Central R. R. Co. v. Mayor, &c., 46 Md. 425. Brooks v. Mayor. &c., 
 48 Md. 265. Mayor, &c. v. St. Agnes Hospital of Balto., 48 Md. 419. 
 Mayor, &c. v. Reitz, 50 Md. 574. Hall v. Mayor. &('., 56 Md. 194. 
 Mayor, &c. v. Black, 50 Md. .333. State ex rel. Henderson v. Taylor, 59 
 Md. .341. Mayor. &r'. v. nof)k. 02 Md. 371. Central Savings Bank v. 
 Mayor, &c., 71 Md. 515. Zion Church v. Mayor, 71 Md. 524. Frioden- 
 wald V. Baltimore. 74 Md. 123. Van Witzen v. Gutman, 79 Md. 412, 
 Balto. V. Ulman, 79 Md. 480. M. & C C. of Balto. v. Smith. 80 Md. 
 400. M. & C. C. of Balto. v. Frick. 82 Md. 80. I'.altiiiiore v. Coates. 85 
 Md. .531. Balto. City v. Bronrael, 80 Md. 159. Baltimore City v. Cowen. 
 88 Md. 4.50. Bemhe v. Anno Arundel Co., 94 Md. 220. Riggs v. Win- 
 terode, 100 Md. 447. 
 
 The city is not compelled to accept any dedicated street. Until ac- 
 cepted such streets remain private property. 
 
 (3)
 
 34 
 
 Brady v. Balto. Belt R. R., Daily Record, November 26, 1894. 
 
 The doctrine of adverse possession applies to the case of property 
 dedicated to public use for a highway vs^ithin the territorial limits of a 
 municipal corporation. A municipal corporation may be held to be es- 
 topped from setting up a claim to a public highway. 
 
 Bing V. Mayor & C. C. of Baltimore, Daily Record, April 3, 1889. 
 
 In relation to opening, widening, straightening, etc., streets, see, 
 
 Binney's Case, 2 Bland, 129. Graff v. Mayor & C. C. of Baltimore, 
 10 Md. 544. Merrick v. Mayor, 43 Md. 219. Black v. Mayor, &c., 50 
 Md. 235. Tinges v. Mayor, &c., 51 Md. 600. Hiss v. Balto. & Hampden 
 Pass. Railway Co., 52 Md. 242. McMurray v. Mayor, &c., 54 Md. 103. 
 Hodges V. Balto. Union Pass. Railway Co., 58 Md. 603. Co. Commrs. 
 of Balto Co. V. Md. Hospital, 62 Md. 127. Mayor, &c., v. White, 62 Md. 
 362. Glenn v. Mayor, 67 Md. 390. Hitchins v. Frostburg, 68 Md. 100. 
 P., W. & B. R. R. V. Shipley, 72 Md. 93. Pitts v. Baltimore, 73 Md. 326. 
 Friedenwald v. Shipley, 74 Md. 220. Heaver v. Lanahan, 74 Md. 498. 
 Burk V. Mayor & C. C. of Balto., 77 Md. 471. Gluck v. Baltimore, 81 
 Md. 315. Baltimore City v. Fear, 82 Md. 246. Baldwin v. Trimble. 85 
 Md. 397. Flersheim v. Mayor, 85 Md. 493. Valentine v. Hagerstown, 
 86 Md. 488. Clendenin v. Md. Construction Co., 86 Md. 80. Baltimore 
 City V. N. C. Ry. Co., 88 Md. 427. Ogle v. Cumberland, 90 Md. 62. 
 Gardiner v. Baltimore City, 96 Md. 361. Jenkins v. Riggs, 100 Md. 438. 
 
 Widening of Light Street. — Rights to build out in the Harbor. 
 Baltimore City v. Steamboat Company, 104 Md. 485. 
 
 Chester Street dedicated. 
 
 Canton Company v. City, 104 Md. 582. 
 
 Private alleys not exempt from taxation. 
 
 Hill V. Williams, 104 Md. 595. 
 
 Bridges over Falls and Railroads are parts of streets. 
 
 Northern Central Railway v. United Railways and Electric Company, 
 105 Md. 340. 
 
 Dedication may be nullified by non-user by public coupled with adverse 
 occupation. 
 
 Canton Co. v. City, 106 Md. 69. 
 
 As to evidence of dedication. 
 
 Baltimore v. Yost, 121 Md. 366. 
 
 Reference in deed held for purpose of location, and not dedication, 
 under facts of case. 
 
 Bloede v. Baltimore, 115 Md. 594. 
 
 Improvements of the highways within Baltimore City by the State 
 Roads Commission and the right to compel railway company to remove 
 its tracks at its own cost. 
 
 United Railways Company v. State Roads Commission, 123 Md. 561. 
 
 A dedication of a street to become irrevocable must be accepted. 
 Baltimore v. Canton Co., 124 Md. 620. 
 
 (b) Grade Lines of Streets. 
 1874, ch. 218. P. L. L., (1888) Art. 4, see. 809. 1888, ch. 285. 
 To provide by general or special ordinance for the establish- 
 ment, and change from time to time, of the grade lines of any 
 street, lane or alley, or part thereof, located or laid out upon 
 the plan of said city.
 
 35 
 
 Dashiell v. Mayor, &c.. 45 Md. 616. Cumberland v. Willson, 50 Md. 
 147. 148. Kelley v. Mayor, &c., 65 Md. 175. O'Brien v. Balto. Belt R. 
 R., 74 Md. 373. Baltimore City v. Cowen, 88 Md. 447, 458. Guest v. 
 Church Hill, 90 Md. 693. 
 
 (c) Grading, Paving, Cuebing, Etc., Steeets. 
 
 (Special Ordinance.) 
 
 1874, ch. 218. P. L. L., (1888) Art. 4, sec. 810. 1892, ch. 219. 
 To provide hj ordinance for grading, shelling, graveling, pav- 
 ing and curbing, or for the regrading, reshelling, regraveling, 
 repaving and recurbing of any street, lane or alley in said city, 
 or part thereof, now condemned, ceded, opened as a public high- 
 way, or which may hereafter be condemned, ceded, opened, 
 widened, straightened or altered according to the laws and 
 ordinances regulating the same, and also for assessing the cost 
 of any such work, in whole or in part, upon the property binding 
 upon such street, lane or alley, or part thereof, according to 
 such rule or basis as it may determine, and for collecting said 
 assessments as other city taxes are collected or in such manner 
 as it may prescribe, either before or after the work shall have 
 been done, provided that before the passage by either Branch 
 of the City Council of any ordinance requiring the whole or any 
 portion of the costs to be assessed upon the property ten days' 
 notice shall be given in at least two of the daily newspapers in 
 said city, and an opportunity shall be afforded to all persons 
 interested therein to appear and be heard before some appro- 
 priate committee of the Council, and it may also provide for 
 appeals to the Baltimore City Court from the decisions of the 
 Commissioners for Opening Streets or any Commissioner or 
 Commissioners, or other person or persons appointed to deter- 
 mine the amount of assessment to be made upon any property 
 under any such ordinance; and in the trial of such appeal the 
 practice shall conform as near as may be to the practice in the 
 trials of street appeals, including the right of appeal to the 
 Court of Appeals. 
 
 Mayor, &e., v. Moore. 6 H. & J. 375. Mayor, &c. v. Hushes. 1 G. & .7. 
 480. Esehbach v. Pitts, 6 Md. 71. Mayor. &c. v. Groenmount Coniotery, 
 7 Md. 517. Henderson v. Mayor, 8 Md. 3.52. Mayor, &o. v. Porter, IS Md. 
 284. N. C. Ry. Co. v. Baltimore. 21 Md. 105. Mayor, &c. v. Horn. 20 
 Md. 194. Baito. & Pot. R. R. Co. v. Reany, 42 Md. 118. Dashiell v. 
 Mayor, 45 Md. 610. Burns v. Mayor. 48 Md. 198. Mayor, &c. v. Scharf, 
 54 Md. 499. Mayor, &(•. v. .Tohns Hopkins. 50 Md. 1. Gould v. Mayor, 
 58 Md. 40. Gould v. M. & C. C. of Baltimore. .59 Md. 378. Moale v. Mayor, 
 &c., 01 Md. 224. Mayor, &o. v. Hanson, 01 Md. 402. Mayor. &c. v. .John- 
 son. 02 Md. 225. Mayor. &<: v. Hook. 02 Md. 371. All)(>rf,'or v. Mayor, 
 64 Md. 1. Kelley v. Mayor. 05 Md. 171. Baltimore v. Raymo, OS Md.
 
 36 
 
 569. Ulman v. Mayor, 72 Md. 591, 609. Baltimore v. Ulman, 165 U. S. 
 719. O'Brien v. Balto. Belt R. R., 74 Md. 273. Baltimore v. Ulman, 79 
 Md. 469. Balto. v. Cowen, 88 Md. 457. Guest v. Church Hill, 90 Md. 693. 
 Balto. City v. Stewart, 92 Md. 535, 551. Cahill v. Baltimore City, 93 Md. 
 233. Kent County v. Godwin, 98 Md. 84. Frostburg v. Wineland, 98 Md. 
 243. 
 
 For further decisions relating to grading, paving and curbing, see, — 
 
 Clements v. Mayor, &c. of Baltimore, 16 Md. 208. Mayor, &c. v. 
 Harwood, 32 Md. 471. Peddicord v. Balto., Catonsville, &c., Co., 34 Md. 
 463. Cumberland v. Willson, 50 Md. 138. Hitchins v. Frostburg, 68 
 Md. 100. C. & P. Tel. Co. v. McKenzie, 74 Md. 48. M. & C. C. of Balto. 
 V. Turnpike Co., 80 Md. 536. Smyrk v. Sharp, 82 Md. 97. Hagerstown 
 V. Startzman, 93 Md. 609. DeLawder v. Balto. County, 94 Md. 1. Offutt 
 V. Montgomery Co., 94 Md. 115. 
 
 The ten days' notice of the passage of an ordinance authorizing paving 
 prescribed by Act of 1892, ch. 219 (now sec. 6 of Charter) must be 
 given or a Court of Equity will intervene. 
 
 Bond v. Malster, Daily Record, July 6, 1899. 
 
 As to degree of care city must exercise in keeping the streets in repair, 
 see, 
 
 Baltimore City v. Lobe, 90 Md. 314. 
 
 Liability of municipal corporations for defects in streets — Negligence 
 — ^Notice — Defects not apparent on surface. 
 
 Sweeten v. Baltimore, 123 Md. 88. 
 
 A plaintiff cannot recover otherwise than according to the allega- 
 tions of his Declaration, and a prayer based on other facts is improper — 
 Negligence — Recovery cannot be had upon testimony as to conditions 
 appearing sixteen mouths later, in the absence of all testimony as to 
 how the work had been done. 
 
 Baltimore v. Stalfort, 123 Md. 269. 
 
 ■ 
 
 (d) Grading, Paving, Curbing, Etc., Streets. 
 
 (General Ordinance, Application of Owners.) 
 
 1874, ch. 218. P. L. L., (1888) Art. 4, sec. 811. 
 
 To provide by general ordinance, subject to provisions and 
 requirements of section 85 of this Article, for the grading, grav- 
 eling, shelling, paving or curbing, or for the regrading, regravel- 
 ing, reshelling, repaving or recurbing of any street, lane or 
 alley, or part thereof, in said city, without the passage of a spe- 
 cial ordinance in the particular case, whenever the owners of a 
 majority of the front feet of property binding on such street, 
 lane or alley, or part thereof, shall apply for the same, upon 
 terms and under conditions to be prescribed in the same general 
 ordinance, and for the assessment in any such case of the cost 
 of such work, in whole or in part, pro rata, upon all the property 
 binding upon such street, lane or alley, or part thereof, and for 
 the collection of such assessment as other city taxes are collected.
 
 37 
 
 Henderson v. Mayor, 8 Md. 352. Holland v. Mayor, 11 Md. 186. 
 Bouldin v. Mayor, 15 Md. IS. Mayor, &e. v. Eschbach, 18 Md. 270. 
 Mayor v. Porter, 18 Md. 284. Howard v. First Ind. Church, 18 Md. 451. 
 Mayor, &c. v. Bouldin. 23 Md. 328. Mayor, &c. v. Horn, 26 Md. 195. 
 Lester v. Mayor, 29 Md. 419. Dashiell v. Mayor, 45 Md. 624. Burns 
 V. Mayor, 48 Md. 200. Wolff v. M. & C. C. of Baltimore, 49 Md. 446. 
 Mayor, &c. v. Johns Hopkins Hospital, 56 Md. 1. Moale v. Baltimore, 
 61 Md. 237. Mayor, &c. v. Boyd, 64 Md. 10. 
 
 (e) Levy of Tax to Pay Unpaid Assessments for 
 
 Grading, Paving, etc. 
 
 1892, ch. 284. P. L. L., (1888) Art. 4, sec. 811 A. 
 
 In any and all cases where any street, lane or alley, or any 
 part thereof, in the city, has been graded, paved or curbed, or 
 regraded, repaved or recurbed, under any ordinance which pro- 
 vided for assessing the whole or any portion of the cost of such 
 improvement upon the property binding upon such street, lane 
 or alley, or part thereof, and such assessments, or any part 
 thereof, remain unpaid, it shall be lawful for the city to provide 
 by ordinance for the levy and collection in such manner as it 
 may deem proper, of a tax upon all the property binding on any 
 street, lane or alley, or part thereof, which may have been so 
 improved, to the extent that such property shall have been spe- 
 cially benefited by such improvement, provided, that no property 
 upon w^hich the assessment originally made for its share of the 
 cost of such improvement shall have been paid, shall be again 
 assessed, and that reasonable notice and an opportunity to be 
 heard shall be given to all persons interested before the final 
 ascertainment of the amount of tax to be paid by any such prop- 
 erty, and the said city shall provide for appeals to the Baltimore 
 City Court by any person or persons interested, inchuling the 
 city itself from the decision of the Commissioners for Opening 
 Streets, or any Commissioner or Commissioners or other per- 
 sons appointed to determine the amount or amounts of such spe- 
 cial taxes or assessments; and in the trial of such appeals the 
 practice shall conform as near as may be to the practice in the 
 trial of street appeals, including the right of appeal to the Court 
 of Appeals. 
 
 Baltimore v. Ulman, 79 Md. 480. Ulman v. Baltimore, 165 U. S. 719. 
 Balto. V. Stewart, 92 Md. 535. Leser v. Wagner, 119 Md. 671. 
 
 (f) Footways. 
 P. L. L., (1860) Art. 4, sec. 852. P. L. L., (1888) Art. 4, sec. 816. 
 To pass all ordinances necessary for grading, regulating, pav- 
 ing and repairing the footways in the streets, lanes and alloys 
 
 210657
 
 38 
 
 of the city, and impose a tax on any lot fronting on any paved 
 street, lane or alley, for the purpose of grading, regulating, pav- 
 ing or repairing footways in front thereof, or compel by fine or 
 otherwise the owner or proprietor of any lot to pave or repair the 
 footways in front thereof, agreeable to the ordinances to be 
 passed by it. 
 
 Bassett v. Ocean City, 118 Md. 114. State v. Kent County, 83 Md. 379. 
 
 (g) Regulating use of Street, 
 obstructions and encroachments. 
 
 To regulate the use of streets, highways, roads, public places 
 and sidewalks by foot passengers, animals, vehicles, cars, motors 
 and locomotives, and prevent encroachment thereon and obstruc- 
 tion of the same. 
 
 C. & P. Tel. Co. V. Baltimore City, 89 Md. 705. Hagerstown v. Klotz, 
 93 Md. 440. Townsend. Grace & Co. v. Epstein, 93 Md. 537. Baltimore 
 City V. Beck, 96 Md. 190. B. & O. R. R. Co. v. Balto. City, 98 Md. 536. 
 Knight V. Balto. City, 97 Md. 649. Balto. City v. Walker, 98 Md. 640. 
 Brauer v. Refrigerator Co., 99 Md. 376. 
 
 As to widening of sidewalks by city, see, Klein v. U. Rys. & Elec. Co., 
 Daily Record, January 4, 1906. 
 
 For decisions arising out of the exercise and construction of powers 
 under paragraph (G), see. 
 
 Mayor & C. C. of Balto. v. Marriott, 9 Md. 160. Roman v. Strauss, 
 10 Md. 89. Mayor, &c., Balto. v. Pennington, 15 Md. 12. Altvater v. 
 Mayor, 31 Md. 462. Houck v. Wachter, 34 Md. 265. Peddicord's Case, 
 34 Md. 463. Mayor, &e. v. Holmes, 39 Md. 243. Flynn v. Canton Co., 
 40 Md. 312. Mayor, &c., Balto. v. O'Donnell, 53 Md. 110. Turner v. 
 Holman, 54 Md. 148. Gore v. Brubaker, 55 Md. 87. Canal Co. v. County 
 Commrs., 57 Md. 201. Textor v. B. & O. R. R. Co., 59 Md. 63 Sinclair 
 Y. Baltimore, 59 Md. 598. Crook v. Pitcher, 61 Md. 510. 
 
 Thomas v. Ford, 63 Md. 346. Taylor v. Cumberland, 64 Md. 68. 
 Garrett v. Janes, 65 Md. 260. Kennedy v. Cumberland, 65 Md. 514. 
 C. & P. Tel. Co. V. McKenzie, 74 Md. 49. 50. Koch v. N. Ave. Ry. Co., 
 75 Md. 229. N. Balto. R. R. Co. v. N. Ave. R. R. Co., 75 Md. 233. N. 
 Balto. R. R. Co. v. Baltimore, 75 Md. 247. Twilley v. Perkins, 77 Md. 
 262. Lake Rol. El. R. R. Co. v. Balto., 77 Md. 372-381. Green v. City 
 & Sub. Ry. Co., 78 Md. 307. Condon v. Sprigg, 78 Md. 337. Garrett 
 V. Lake Rol. Elv. R. R. Co., 79 Md. 277. Postal Telg. Cable Co. v. 
 Baltimore, 79 Md. 512. Cochrane v. Frostburg, 81 Md. 54. Ulman v. 
 Charles St. Ave. Co., 83 Md. 145. Baldwin v. Trimble, 85 Md. 396. 
 Gunther v. Dranbauer, 86 Md. 1. Reidel v. P., W. & B. R. R. Co.. 87 
 Md. 158. Worcester Co. v. Ryckman, 91 Md. 37. Mason v. Cumber- 
 land, 92 Md. 462. Keen v. Havre de Grace, 93 Md. 34. Magaha v. 
 Hagerstown, 95 Md. 69. New Windsor v. Stocksdale, 95 Md. 215. 
 
 Turnpike road partly in Baltimore City owned by private corpora- 
 tion and streets owned by individuals but used by the public as high- 
 ways are streets and highways of Baltimore City within the meaning 
 of this Section. 
 
 The Patapsco Electric Co. v. M. & C. C, 110 Md. 310.
 
 39 
 
 City liable for negligence of its contractor digging sewer under its 
 supervision, evidence showing negligence — pleading. 
 Hanrahan v. City, 114 Md. 517. 
 Regulating use of streets — liability — obstruction — defect, street — city 
 liable — obstruction on sidewalk left by its contractor over whom it re- 
 tains supervision— contributory negligence, plaintiff — not guilty — lights. 
 McCarthy v. Clark, 115 Md. 454. 
 Obstruction — railroad track- — public sti'eet — cutting off access— abutt- 
 ing owner — proof extent of injury ; dimunition in market value. 
 Webb v. B. & O. R. R. Co., 114 Md. 216. 
 
 (h) Opening of Street Surface. 
 
 To regulate the opening of street surface, for the purposes 
 authorized by law or ordinance. 
 
 In relation to opening street surface, see, State v. Latrobe, 81 Md. 
 233. Edison Co. v. Hooper, 85 Md. 111. C. & P. Telephone Co. v. 
 Balto. City, 89 Md. 689. Balto. City v. Balto. Co. W. & E. Co., 95 
 Md. 239. 
 
 (i) ITuMBERiNG Houses. 
 
 To regulate the numbering of houses, lots, streets and avenues, 
 and the naming of streets, avenues and public places. 
 
 (j) Regulating Use of Sidewalks and Streets 
 BY Signs, Poles, Wires, Trees, etc. 
 
 1912, ch. 32. 
 
 To regulate the use of streets and sidewalks for use of tele- 
 graph posts, trolley poles, electric light poles, telegraph wires, 
 electric light wires and for any and all other purposes, and to 
 prohibit the erection of any posts, poles or wires and to compel 
 the removal of any posts, poles or wires in, over or above any 
 street, sidewalk or highway ; and to regulate the planting, trim- 
 ming or destroying of trees in or upon any street, sidewalk or 
 public highway. 
 
 Ches. & Pot. Tel Co. v. McKenzio, 74 Md. 47. Postal Telg. Cable Co. v. 
 Baltimore, 79 Md. 512. Balto. City v. Walker, 98 Md. 637. Brauer v. 
 Refrigerating Co., 99 Md. 512. 
 
 'J'lio Act 1900, chapter 152 and the Act 1904, chapter 016. ro-onncting 
 section 8 of the Charter, l)y their terms necessarily modify the general 
 power of the Mayor and City Council of Baltimore in relation to signs, 
 sign posts, awnings, awning posts and horse troughs where construction 
 or erection of same obstructs sidewalk. Sub-division "J" of section 6, 
 supra, has been modified accordingly. 
 
 City may not arbitrarily or unreasonably destro.v shade trees, but 
 where their destruction is necessary to a street improvement, no liability. 
 Easton v. Turner, 117 Md. 111.
 
 40 
 
 A provision similar to above held to be a reasonable grant of power. 
 A prohibition of awning poles, obstructions, &c., on certain streets or in 
 a certain district, although permitted in other sections of the city, is 
 not invalid on the ground that it discriminates or is arbitrary. 
 Etchison v. Frederick City, 123 Md. 283. 
 
 (k) Cleaning and Lighting Streets. 
 
 p. L. L., (I860) Art. 4, sec. 862. P. L. L., (1888) Art. 4, sec. 819. 
 
 To clean the streets and remove the dirt and filth therefrom, 
 and to prohibit and punish by ordinance, the placing of any 
 dirt, filth or other matter therein, and to protect any pavement 
 by prohibiting the travel thereon. To erect lamps in any of the 
 streets, lanes or alleys of said city, and cause the same to be 
 lighted at the expense of the city. 
 
 Baltimore City v. Beck, 96 Md. 183. See, also. Am. Lighting Co. v. 
 McCuen, 92 Md. 705. 
 
 (l) Use of Streets by Tracks, Poles and Wires. 
 p. L. L., (1888) Art. 4, sec. 819a. 1890, ch. 370. 1914, ch. 859. 
 
 To regulate the use of streets, lanes or alleys in said city, by 
 railway or other tracks, gas or other pipes, telegraph, telephone, 
 electric light or other wires and poles, in, under, over or upon 
 the same, and to require all such wires to be placed under 
 ground after such reasonable notice as it may prescribe. To 
 determine the character of the foundation to be used under and 
 around the railway ties, and, in any case where a street is being 
 paved by the Paving Commission or other public agency and 
 the character of the foundation is not determined by ordinance, 
 the same shall be determined by the Paving Commission "or other 
 public agency doing such paving, and full power to do so is 
 hereby given. It shall be the duty of every railroad or street 
 railway corporation occupying with its tracks any portion of 
 the public highways of Baltimore City to put in the character 
 of foundation determined upon in pursuance of this provision. 
 
 Ches. & Pot. Tel. Co. v. McKenzie, 74 Md. 47-48. Koch v. North Ave. 
 Ry. Co., 75 Md. 222-229. N. Balto. Pass. Ry. Co. v. N. Ave. Ry Co., 75 
 Md. 233. N. Balto. Pass. Ry. Co. v. Mayor, &c, Balto., 75 Md. 247. Lake 
 Rol. R. R. Co. v. Baltimore, 77 Md. 380-381. Garrett v. Lake Rol. El. 
 R. R. Co., 79 Md 286. Postal Tel. Cable Co. v. Balto., 79 Md. 511. Edi- 
 son Co. V. Hooper, 85 Md. 111. Hooper v. Balto. City Pass. Ry. Co., 85 
 Md. 509. Poole v. Falls Rd. Ry. Co., 88 Md. 533. C. & P. Tel. Co. v. 
 Balto. City, 89 Md. 705. C. & P. Tel. Co. v. Balto. City, 90 Md. 638. 
 Baltimore v. C. & P. Tel. Co., 92 Md. 692. Balto. v. Balto. Co. W. & Elec. 
 Co., 95 Md. 239. Purnell v. McLane, 98 Md, 594. Simon's Sons v. Md. 
 Tel. & Telg. Co., 99 Md. 173. 
 
 Rule laid down as to extent of city's right to regulate erection of 
 poles in the streets. City & Suburban Railway Company v. Brush Elec- 
 tric Co., Daily Record, December 20, 1895.
 
 41 
 
 When action at law is only remedy for injuries to abutting property 
 by the erection of a pole. Polenk v. Md. Telephone Company, Daily 
 Record, June 13, 1901. 
 
 For further decisions relating to use of streets by tracks, poles and 
 wires, see, 
 
 N. C. Ry. Co. V. M. & C. C. of Balto., 46 Md. 423. Kirby v. Citizens 
 Ry. Co., 48 Md. 168. Hiss v. Balto. & H. Ry. Co., 52 Md. 242. Hodges 
 V. B. C. P. Ry. Co., 58 Md. 603. Canton Co. v. B. & O. R. R. Co., 79 
 Md. 432, State ex rel v. Latrobe, 81 Md. 222. Birch v. Lake Rol. El. 
 R. R. Co., 83 Md. 369. United Rys. Co. v. Hayes, 92 Md. 490. Lona- 
 coning v. Consol. Coal Co., 95 Md. 635. B. & O. R. R. Co. v. Baltimore, 
 
 98 Md. 536. Consol. Gas Co. v. Balto. Co., 98 Md. 696. 
 
 (m) Conduits, Electrical Commission and Kentals 
 
 OF Conduits. 
 
 1892, ch. 200. P. L. L., (1888) Ai't. 4, sec. S19B. 
 
 To provide a series of conduits under the streets, lanes and 
 alleys of said city, or any part or parts thereof, for the use of tel- 
 ephone, telegraph, electric light and other wires, either by con- 
 structing said conduits itself or authorizing their construction 
 by such person or corporation, upon such terms as may be 
 agreed upon. To appoint an Electrical Commission, with such 
 powers and duties as it may deem proper or appropriate for 
 carrying out the aforesaid provisions of this section relating 
 to conduits. To require all such wires, or any part or parts 
 thereof, and the poles carrying the same, to be removed from the 
 surface of the streets, lanes or alleys of said city, or any part 
 or parts thereof, and to require such wires to be placed in such 
 conduits, all under such penalty as it may prescribe. To pre- 
 scribe and establish reasonable rentals to be paid by any com- 
 pany or person using any of said conduits, by whomsoever the 
 same may be constructed, for the use thereof, and to provide 
 for the collection of such rentals, in addition to the ordinary 
 processes by such summary methods as it may deem appropriate ; 
 provided, however, that nothing contained in this Article shall be 
 deemed or taken to modify or change, in any manner, the provi- 
 sions of Ordinance Xumber Forty-one, of the Mayor and (.^ity 
 Council of Baltimore, approved May 9, 1889, or the rights and 
 privileges granted thereby to the companies therein named or 
 either of them. 
 
 Hor)i)or v. City I'ass. Ry. Co., 85 Md. 110. C. & P. Tel. Co. v. Balti- 
 
 rnore, S9 Md. 689. C. & 1'. Tel. Co. v. Baltimore, 90 Md. 038. C. & P. 
 
 ^Tel. Co. V. Baltimore, 92 Md. 692. Purnell v. McLane, 98 Md. 590. 
 
 Of., Edison Co. v. Hooper, 85 Md. 110. Simon's Sons v. Md. Tel. Co., 
 
 99 Md. 173.
 
 42 
 
 (n) Bkidges and Turnpike Koads. 
 
 1824, ch. 105. P. L. L., (1860) Art. 4, sec. 857. P. L. L., (1888) Art. 4, 
 
 sec. 818. 
 
 To purchase, with the County Commissioners of any adjoin- 
 ing or neighboring counties of said city, all bridges and turn- 
 pikes roads, or any portions thereof, leading toward said city, 
 at such times and upon such terms as it and said County Com- 
 missioners on the one part, and the owner of such bridges and 
 highways on the other, may mutually agree, and when so pur- 
 chased all or any of them shall thereafter be free public high- 
 ways, and as such under the care and management of said city 
 and said County Commissioners, as they may respectively 
 provide and stipulate as between them. 
 
 Hooper v. President, B. & Y. Turnpike Road, 34 Md. 521. Balto. & 
 Havre de Grace Turnpike Co. v. Union Ry. Co., 35 Md. 224. Peddi- 
 cord V. B. C. & E. M. R. R. Co., 34 Md. 463. M. & C. C. of Baltimore 
 V. Turnpike Co., 80 Md. 541. See Frusli v. Mayor, City Court, Oct. 15, 
 1874, decision of Brown, C. J. 
 
 (o) Cathedral Cemetery. 
 Kepealed by Act of 1912, chapter 429. 
 
 (p) Light Street Bridge. 
 1886, ch. 24. P. L. L., (1888) Art. 4, sec. 823. 
 
 With the County Commissioners of Anne Arundel County, 
 to cause to be erected and maintained at their joint expense 
 lamps along and on Light Street Bridge, not more than seventy- 
 five yards apart ; provided, that there shall be at least one lamp 
 at each end of the draw of said bridge, and the said lamps shall 
 be attended to, cleaned, lighted at night and extinguished in 
 the morning by the keeper of said bridge. 
 
 Pumplirey v. Mayor, 47 Md. 145. Mayor, &c. v. Stoll, 52 Md. 435. 
 
 See note pages 364-365 City Code (1879). 
 
 See Act 1914, ch. 267. 
 
 (q) Distributing Poles and Other Similar Structures. 
 
 1908, ch. 168. 
 
 To erect and construct through the Electrical Commission, 
 in connection with the underground conduits now in course of 
 construction by said Commission, distributing poles or other 
 similar structures ; and to compel and regulate the use of said 
 poles or other similar structures by individuals and corporations 
 to the same extent as the Mayor and City Council of Baltimore
 
 43 
 
 can now compel and regulate the use of underground conduits 
 by individuals or corporations. 
 
 (27) SUKVEYOR. 
 
 p. L. L., (1860) Art. 4, sec. 865. P. L. L., (1888) Art. 4, sec. 825. 
 
 To prescribe by ordinance the duties and compensation of 
 the City Surveyor. 
 
 (28) TAXES. 
 
 (a) Annual Levy. 
 
 1874 eh. 180. P. L. L., (1888) Art. 4, sec. 827. 
 
 To levy annually upon the assessable property of the city, by 
 direct tax, with full power to provide by ordinance for collection 
 .of the same, such sum of money as may be necessary, in its 
 judgment, for the j^^^i'pose of defraying the expenses of said 
 city over and exclusive of all expenses, charges and sums of 
 money which it is, or shall be required bv law to collect for other 
 purposes subject to the provisions and limitations herein con- 
 tained. 
 
 St. Mary's Industrial School v. Brown, 45 Md. 329-333. Hopkins v. 
 Van Wyck, 80 Md. 17. Casualty Ins. Co.'s Case, 82 Md. 561-564. Cf., 
 Insurance Co. v. Mayor, &c., 23 Md. 296. Watts v. Port Deposit, 46 
 Md. 500-505. Mayor, &c. v. Johnson, 62 Md. 225. Hebb v. Moore, 66 
 Md. 167. B. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 124. Water Co. 
 V. Westminster, 98 Md. 551. 
 
 (b) Peoperty Taxable. 
 
 1865, ch, 119. P. L. L., (1888) Art. 4, sec. 828. 
 
 To lev}^ and collect taxes upon every description of property 
 found within the corporate limits of said city, which it is now 
 authorized by law to levy taxes upon, for the purpose of defray- 
 ing the expenses of the municipal government, whether the 
 owners thereof reside within or without the limits of said 
 corporation; provided that no stocks, bonds, mortgages, certifi- 
 cates or other evidences of indebtedness of any bank or other 
 corporation situate within the limits of said city, which are 
 OAvned or liold by persons residing witbout said limits, shall be 
 subject to taxation for the purpose above set forth ; and provided 
 further than no authority is given by this section to impose taxes 
 on any property which is now or may hereafter be exempted from 
 taxation by any general or special Act of the General Assembly 
 of ^Marvlaiul, nor upon any ])V()pcM-ty wliicli may bo stored or 
 deposited in the City of Baltimore for temporary purposes.
 
 44 
 
 M. & C. C. of Balto. V. B. & O. R. R. Co., 6 Gill 294. Latrobe v. 
 Mayor, 19 Md. 13. Mayor v. Sterling, 29 Md. 48. The Appeal Tax 
 Court Cases in 50 Md. Gunther v. Baltimore, 45 Md. 457. Union, &e., 
 Co. V. Mayor, 71 Md. 405. Hopkins v. Baker, 78 Md. 363. Postal Tel. 
 Cable Co. v. Balto,, 79 Md. 502. Park Tax Case. 84 Md. 1. Textor v. 
 Shipley, 86 Md. 442. Corry v. Baltimore, 96 Md. 322. Balto. City v. 
 Johnson. 96 Md. 738. Dry Dock Co. v. Baltimore, 97 Md. 103. Con- 
 solidated Gas Co. V. Baltimore, 101 Md. 541. 
 
 For additional decisions bearing upon the construction of this sec- 
 tion, see, 
 
 Mayor, &c. v. Chase, 2 G. & J. 376. Dallam et al. v. Oliver's Exrs., 
 3 Gill 445. Mayor v. State, 15 Md. 376. Mayor, &c. v. Grand Lodge, 
 60 Md. 280. Mayor, &c. v. Canton Co.. 63 Md. 218. Bonaparte v. State, 
 63 Md. 446. Mayor, &c., Balto. v. Hussey, 67 Md. 112. Degner v. 
 Mayor, &c., 74 Md. 144. Wells v. Hyattsville, 77 Md. 133. County 
 Commr's v. Winand, 77 Md. 522. U. S. Elec. Light Co. v. State, 79 
 Md. 63. Simpson v. Hopkins, 82 Md. 478. Myers v. Baltimore County, 
 83 MQ. 386. Fredk. County v. Fredk. City. 88 Md. 658. Salisbury v, 
 Jackson, 89 Md. 521. Kinehart v. Howard, 90 Md. 1. Monticello v. 
 Baltimore City, 90 Md. 426. Balto. City v. Safe Deposit & Trust Co., 
 97 Md. 659. Balto City v. Allegheny Co., 99 Md. 1. Cambridge v. 
 Water Co., 99 Md. 501. 
 
 For other cases relating to taxes and taxation, see under sections 
 4, 36, 40, 42 to 58 inclusive, 145 to 171 inclusive, and 843 of the Charter. 
 
 Taxation of Easements by Appeal Tax Court: In Article 81, sections 
 2, 4, 138 and 141, the Legislature did not intend that such an easement 
 as the Baltimore and Fredericktown Turnpike Company possesses in its 
 road-bed in Baltimore City should be assessable by the Appeal Tax Court. 
 
 Balto. & Fredk. Turnpike Co. v. Mayor & C. C. of Baltimore, Daily 
 Record, May 7, 1903, 
 
 Arbitrary exemption from taxation void. 
 
 Baltimore v. Star Church, 106 Md. 281. 
 
 Foreign corporation doing business in State not exempt. 
 Hannis Dis. Co. v. Balto., 114 Md. 678. 
 
 City can increase assessment on land decreed to be sold in Equity. 
 M. & C. C. V. John S. Gittings, Trustee, 113 Md. 120. 
 
 Notice addressed to plaintiff personally, and not as Trustee, is suffi- 
 cient to inform him of the increase proposed to be made in the assess- 
 ment and his remedy is by appeal to City Court and not to apply to a 
 Court of Equity. 
 
 M. & C. C. V. Gittings, 113 Md. 120. 
 
 (c) Abatements to Encourage Manufactures. 
 
 1880, ch. 187. P. L. L., (1888) Art. 4, sec. 829. 1912, ch. 32. 
 
 To provide by general ordinance, whenever it shall seem 
 expedient for the encouragement of the growth and develop- 
 ment of manufactures and manufacturing industry in the said 
 city, for the abatement of any or all taxes levied by authority 
 of the said Mayor and City Council of Baltimore, or by ordi- 
 nance thereof, for any of the corporate uses thereof, upon any or
 
 45 
 
 all personal property of every description ov/ned by any indi- 
 vidual, lirm or corporation in said city, and property subject to 
 valuation and taxation therein, including mechanical tools or 
 implements, whether worked by hand or steam or other motive 
 power, machinery, manufacturing apparatus or engines, raw 
 materials on hand, stock in trade, bills receivable, and business 
 credits of every kind, which said personal property shall be 
 actually employed or used in the business of manufacturing in 
 said city; provided that such abatement shall be extended to 
 all persons, firms and corporations engaged in the branches of 
 manufacturing industry proposed to be benefited by any ordi- 
 nance passed imder the provisions of this paragraph of this 
 section. Any taxes so abated shall be deducted from the taxes 
 payable upon the capital stock, taxable in said city, of manufac- 
 turing corporations, incorporated under the laws of the State 
 of Maryland and located in said city; but nothing herein con- 
 tained shall affect in any way the taxes that are now or may 
 hereafter be payable by law to the State of Maryland or any 
 of the counties or municipalities of the State on the capital 
 stock of manufacturing corporations, incorporated under the 
 laws of this State and located in Baltimore City. It shall be 
 the duty of the Appeal Tax Court to make such abatement of 
 taxes, levied as aforesaid, as may be authorized and directed 
 by ordinance, as aforesaid; provided that application for such 
 abatement as aforesaid shall be made by the party applying for 
 the same before the annual revision and correction of the tax 
 lists for the year in which said applicant desires such abatement, 
 but it shall not be necessary for the applicant to renew his 
 application from year to year. Said application shall be verified 
 to the satisfaction of said court by the oath of the party applying 
 for the same or other satisfactory evidence. Said court shall 
 further keep a record of all abatements made by it as aforesaid 
 and report in writing the aggregate amount thereof to the "Mayor 
 and City Council of P>altiniore on or before the fifteenth day of 
 October in each year. 
 
 Consol. Gas Co. v. Mayor & C. C. of Balto., 62 Md. 5SS. r/.. Wells v. 
 Hyattsville. 77 Md. 125. Electric Light Co. v. Frederick City, 84 Md. 5fl0. 
 
 (ll) COT.T-KCTION OF TaXKS. 
 
 ISIO, cii. (>'.i. 1S74. eh. :;'.). r. L. L., (1800) Art. 4. s(>c. S7:{. P. L. 1- 
 
 (1S8S) Art. 4, sees. 830, 831. 
 
 To extend the limits of direct taxation within the said city, 
 from time to time, as it sli:ill deem oxpcdicnt. To liiivc power 
 to provide bv ordiiiaiifo or otherwise for tlio pmmpt colloction
 
 46 
 
 of taxes due the city, and have power to sell real estate, as well 
 as personal property, for the payment of taxes. 
 
 Mayor, &c. v. Howard, G H. & J. 383. Dugaii v. Mayor, 1 G. & J. 499. 
 Mayor, &c. v. Chase, 2 G. & J. 376. Dallam et al. v. Oliver's Exrs., 3 
 Gill 445. Eschbach v. Pitts, 6 Md. 71. Latrobe v. Mayor, 19 Md. 13. 
 Appeal Tax Court v. W. M. R. K. Co.. 50 Md. 274. Appeal Tax Court 
 V. Patterson. 50 Md. 354. Baltimore v. Hussey, 67 Md. 112. Union, 
 &c., Co. V. Mayor. 71 Md. 23S. Degner v. Mayor, 74 Md. 144. Parlett v. 
 Dugan, 85 Md. 407. Textor v. Shipley, 86 Md. 442. 
 
 In relation to collection of taxes generally, sec, 
 
 Tuck V. Calvert, 33 Md. 209. Dashiell v. Mayor, 45 Md. 613. Wheeler 
 V. Addison. 54 Md. 41. County Commissioners v. Union IVIining Co.. 61 
 Md. 545. Hebb v. Moore, 66 Md. 167. Condon v. Mayuard. 71 Md. 601. 
 Faust v. Building Ass'n., 84 Md. 186. Fowble v. Kemp, 92 Md. 628. 
 
 (29) THEATRICAL AITD OTHER PUBLIC AMUSE- 
 MENTS. 
 
 p. L. L., (1860) Art. 4, sec. 906. P. L. L., (1888) Art. 4, sec. 665. 
 
 To provide for licensing, regulating and restraining theatrical 
 or other public amusements within the City of Baltimore. 
 
 (30) WATER. 
 
 (a) AcQuisiTiOiV OF Land and Watercourses. 
 
 1853, ch. 376. P. L. L., (1860) Art. 4. sec. 928. P. L. L., (1888) Art. 4, 
 
 sec. 915. 
 
 To establish, operate, maintain and control a system of water 
 supply for Baltimore City, and to pass all ordinances necessary 
 in the premises. From time to time to contract for, purchase, 
 lease, and hold, in fee simple, or for a term of years, any land, 
 real estate, spring, brook, water, watercourse, and also the right 
 to use and occupy, forever or for a term of years, any land, 
 real estate, spring, brook, water or watercourse which it ma,y 
 conceive expedient and necessary for the purpose of conveying 
 water into the said city for the use of the said city and for the 
 health and convenience of the inhabitants thereof, and also the 
 right to enter and pass through, from time to time, as occasion 
 may require, and to use and occupy the said lands, through which 
 it may deem necessary to convey the said water ; and it is hereby 
 invested with all the rights and powers necessary for the intro- 
 duction of water into said city, and to enact and pass all ordi- 
 nances from time to time, which shall be deemed necessary and 
 proper to exercise the powers and effect the objects above 
 specified. 
 
 Mayor. &c. v. Appold, 42 Md. 442. Mayor, &c. v. Warren Mfg. Co., 
 59 Md. 96. Baltimore City v. Merryman, 86 Md. 591. Of., Baltimore
 
 47 
 
 V. Ritchie, 51 Md. 232. Consolidated Gas Co. v. Balto. County, 98 Md. 
 695. Callaway v. Baltimore City, 99 Md. 316. 
 
 Where a municipality furnished water gratuitously to be used in 
 extinguishing fires it acts in a governmental capacitj' and is not liable 
 for negligence in connection with its water works. 
 
 Wallace v. Baltimore City, 123 Md. 638. 
 
 See Act of 1908. ch. 214, quoted in sees. 826z, to 826pp., both inclusive. 
 
 Condemnation Proceedings to Acquire Land, etc., for Water Supply. 
 — Measure of Damages and how to be Estimated. 
 Brack v. Baltimore, 125 Md. — . 
 
 (b) Sale of Water. 
 
 1882, ch. 225. P. L. L., (1888) Art. 4, sec. 916. 
 
 To contract with individuals, firms or corporations for the 
 
 use of the water of said city, on such terms and for such time 
 
 as it may deem proper and expedient. 
 
 Baltimore City v. Day, 89 Md. 555. 
 
 (c) Acquisition of Property and Materials by Agree- 
 
 ment. 
 
 P. L. L., (1860) Art. 4, sec. 929. P. L. L., (1888) Art. 4, sec. 917. 
 
 The Mayor and City Council of Baltimore, or any agent 
 
 authorized by it, may agree with the o\\Tier of any land, real 
 
 estate, spring, brook, water or watercourse, as aforesaid, earth, 
 
 timber, stone or other materials which it may conceive expedient 
 
 or necessary to purchase and hold, for the purpose of introducing 
 
 water into the City of Baltimore. 
 
 Baltimore City v. Day, 89 Md. 551. 
 
 (d) Or, May Acquire Same by Condemnation Proceedings. 
 
 1853, ch. 376. P. L. L., (1860) Art. 4, sec. 930. P. L. L., (1888) Art. 4. 
 
 sec. 918. 
 
 If they cannot agree, or if there be any incapacity or disability 
 to contract with the owner of such land or real estate, spring, 
 brook, water or watercourse as aforesaid, earth, timber, stone, or 
 other materials, or with the owner of such lands through which 
 the said city may find it necessary to have a right of entry and 
 passage, for the purpose of conveying the said water into the said 
 city, or if such owner should be absent, out of the State, or 
 unknown, it shall be lawful, on application of the city, for any 
 Justice of the Peace of the county in which said lands, eartli 
 or other property or materials as aforesaid are situate, to issue 
 his warrant to tlie SlierilV, of said county, commanding him to 
 summon from the said county a jury of twenty freeliolders, 
 inhabitants of said county, not related to the owner or persons
 
 48 
 
 interested, as aforesaid, in the said real estate, or other property, 
 to meet on the premises which are to be valued, on some certain 
 day to be named in said warrant, of which said warrant and 
 the day therein named for the meeting of the jury, twenty days' 
 notice shall be given previous to such day by the city to every 
 owner or person interested, as aforesaid, or if any owner be an 
 infant or lunatic, or feme covert, to his or her guardian or her 
 husband, or in either case left at his or her place of abode, or 
 if out of the State or unknown, such notice shall be published 
 not less than eight weeks successively in some one or more of 
 the daily newspapers of Baltimore City, and in some one or 
 more of the newspapers of the county in which said property 
 may be located, if any newspapers be published in such county. 
 Graff V. Mayor, 10 Md. 544. Kane v. Mayor, 15 Md. 240. Taylor v. 
 Mayor, 45 Md. 576. Mayor, &c. v. Warren Mfg. Co., 59 Md. 96. Balto. 
 City V. Merryman, 86 Md. 591. C/., Baltimore v. Ritchie, 51 Md. 233. 
 Helfrich v. Catonsville W. Co., 74 Md. 269. 
 
 (e) Selection of Jury. 
 
 P. L. L., (I860) Art. 4, sec. 931. P. L. L., (1888) Art. 4, sec. 919. 
 
 From the list of jurors so returned and attending, the person, 
 the condemnation of whose property may be desired, may strike 
 four, and the said city may strike four, so that the number of 
 jurors be reduced to twelve, and in case either party shall neglect 
 or refuse to strike off the names of jurors, then it shall be the 
 duty of the Sheriff or his deputy, who shall attend as herein- 
 before directed, to strike off jurors for the party so refusing or 
 neglecting, so that the number of jurors be reduced to twelve as 
 aforesaid. 
 
 (f) Duty of Jury. 
 
 P. L. L., (I860) Art. 4, sec. 932. P. L. L., (1888) Art. 4, see. 920. 
 
 The jurors so remaining shall inquire into, assess and 
 ascertain the sum of money to be paid by the said city for land, 
 spring, brook, water rights or other property which it may deem 
 necessary to purchase and hold or use for the purpose aforesaid. 
 
 (g) Oath. 
 
 P. L. L., (1860) Art. 4, sec. 933. P. L. L., (1888) Art. 4, sec. 921. 
 
 Before the said jury act as such the said Sheriff or his 
 deputy shall administer to each of them an oath that he will 
 justly and impartially value the damages which the owners or 
 parties holding an interest therein will sustain by the use and 
 occupation of said property by the city.
 
 49 
 
 (h) Inquisition. 
 P. L. L., (I860) Art 4, sec. 934. P. L. L., (18SS) Ai-t. 4, sec. 922. 
 The said jury shall reduce their inquisition to writing and 
 shall sign and seal the same, and it shall then be returned by 
 said Sheriff to the Clerk of the Circuit Court for said county, 
 and be filed by such clerk in his office, and shall be confirmed by 
 said court at its next session, if no sufficient cause to the con- 
 trary be shown ; and when confirmed shall be recorded by the 
 said clerk at the expense of the city. 
 
 (i) Duty of Court, 
 
 p. L. L.. (I860) Art. 4, sec. 935. 1876, ch. 19. P. L. L., (1888) Art. 4, 
 
 sec. 923. 1912, ch. 32. 
 
 Within ten days after the return of said inquisition to said 
 court, exceptions may be filed, in writing, by any party inter- 
 ested, showing cause why said inquisition should not be con- 
 firmed. If said exceptions be filed, the court shall cause the 
 whole matter to be tried de novo before a jury to be selected 
 and impaneled as juries in ordinary cases at law, and the trial 
 shall be governed by the same rules as to the admission of 
 evidence and instructions to the jury as apply in ordinary law 
 cases. Upon request of any party to the proceedings, or any 
 juror, the jury may be sent to view the premises, under such 
 regulations as the court may, by general rule or special order, 
 provide. From any decision on matter of law made by said 
 court, during such trial, an appeal may be taken to the Court 
 of Appeals, provided, that such appeal be taken within ten days 
 after such decision shall be made, and the Court of Appeals 
 may award costs to either party in its discretion. 
 
 Taylor v. Mayor, 45 Md. 576. 
 
 (j) Property Condemned. 
 P. L. L., (I860) Art. 4, sec. 936. P. L. L., (1888) Art. 4, sec. 924. 
 The inquisition shall describe the property taken or the 
 bounds of the land condemned, and the quantity or duration of 
 the interest in the same, valued to the city ; and such valuation, 
 when paid or tendered to the o\vner of said property, or his 
 legal representative, shall entitle the city to the use, estate and 
 interest in the same thus valued, as fully as if it had been 
 conveyed by tlie owner of the same; and the valuation, if not 
 received when tendei-ed, may at any time thereafter be received 
 from the city, without interest, by the said owner or liis legal 
 
 representative. 
 
 Mayor, &c. v. Warren Mfg. Co., 59 Md. 96.
 
 50 
 
 (k) Selection of Jury. 
 
 p. L. L., (1860) Art. 4, sec. 937. P. L. L., (1888) Art. 4, sec. 925. 
 
 If the twenty jurors summoned as aforesaid shall not appear 
 at the time and place as aforesaid the Sheriff or his deputy, as 
 the case may be, shall forthwith summon other freeholders of 
 the county, from the bystanders or others qualified as aforesaid, 
 to make up the said jury to the number of twelve. 
 
 (l) Compensation of Juroks and Sheriff. 
 P. L. L., (1860) Art. 4, sec. 938. P. L. L., (1888) Art. 4, sec. 926. 
 
 The jurors so summoned and attending shall be allowed the 
 same compensation as is allowed to the jurors in the Circuit 
 Court for the county, and the Sheriff shall be allowed similar 
 fees as are allowed by law for the summoning jurors to attend 
 Circuit Court for the county, and also a per diem of two dollars 
 for every day he or his deputy shall be in attendance upon an 
 inquisition ; and such expenses shall be paid by the city, except 
 in cases of objection to the confirmation of inquisitions before 
 the Circuit Court, when the costs in said Court may be awarded 
 in the discretion of the Court. 
 
 Paragraphs D to L, both inclusive, superseded by Act of 1914, ch. 463. 
 quoted in Appendix. 
 
 (m) Water Stock. 
 
 1870, ch. 24. P. L. L., (1888) Art. 4, sec. 927. 
 
 For the purpose of defraying all the expenses and costs of 
 lands, waters and water rights as have been taken for the 
 purposes aforesaid, and of constructing all works necessary to 
 the accomplishment of said piirposes, and all expenses incident 
 thereto, the said city shall have authority, in the name of the 
 city, to issue certificates of debt, to be denominated on the face 
 Baltimore Water Stock to an amount not 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, under such provisions as the city may deem 
 expedient and proper. The said city is authorized and empow- 
 ered to assess rates for the supply and use of water at any point 
 in Baltimore City or County, and also to enforce payment for 
 the use of water, and other expenses incurred in the introduction 
 of water from the water mains, according to the rates established 
 by the said city, said payments to be enforced by the same 
 process that city or State taxes are collected, or that may be 
 collected by process before a Justice of the Peace, or in any of
 
 51 
 
 the Courts of the Citv of Baltimore havinc' iurisdiction in such 
 cases. The said city is authorized and empowered to appoint 
 watchmen or such police force as may be necessary for the 
 protection of its water works iu the City and County of Balti- 
 more, and to impose fines and penalties for interference with 
 or injui'v to the works or their appendages. To prevent the 
 water from being obstructed or contaminated, and to prohibit 
 all meddling or tampering with the water works and their 
 appurtenances ; said fines and penalties shall be enforced and 
 collected as other fines and penalties are enforced and collected 
 by law. 
 
 No authority to issue loan under. 
 
 Baltimore v. Bond, 104 Md. 590. 
 
 (n) Water Bonds. 
 1886, ch. 121. p. L. L., (1888) Art. 4, sec. 928. 
 
 To issue bonds or certificates of indebtedness to an amount 
 not exceeding one million dollars, from time to time, as the same 
 nuiy be required, payable at such time and bearing such rate of 
 interest not exceeding five per cent, per annum as the said city 
 shall provide by ordinance, the proceeds of the said bonds or 
 certificates of indebtedness to be applied to the purpose of con- 
 structing and completing Lake Clifton, as proposed to be con- 
 structed on the line of the work of the inti-oduction of the water 
 of the Gunpowder Falls to the City of Baltimore, and for the 
 acquisition of the necessary land in Baltimore County, whereon 
 to locate one or more reser\'oirs, and for the construction of said 
 reservoir or reservoirs, and for obtaining such ])iiiiii)ing 
 machinery as may be necessary in connection therewith, and for 
 procuring and laying of iron pipes or mains for the purpose of 
 distributing said water to the inhabitants of said city; ])rovidcd, 
 however, that the said bonds or certificates of indel)tedness shall 
 not be issued until the ordinance which the city is authorized 
 to enact for such issue shall be approved by a majority of the 
 legal voters of Baltimore City, at the time and place to be 
 appointed by said ordinance in the provisions for submitting the 
 same to the legal voters of said city, as required by section 7 
 of Article XI of the Constitution of tlie State. 
 
 fo) Watki; System in Annex and Sihik-bs. 
 
 I'. [.. I... (IstiOi Art. 4, sec. 940. V. L. T>.. (188S| Art. I. s<-<-. OI'.O. 1888, 
 
 ch. 98, .sec. 2.^. 
 
 Before the city shall lay any water j)ij)es along any street, 
 road, lane or avenue in the territory annexed to the City of
 
 52 
 
 Baltimore under the provisions of the Act of 1888, Chapter 98, 
 upon which the Catonsville Water Company has laid its pipes 
 and other water appliances, the said city shall, if said company 
 desires to surrender said pipes and water appliances in such 
 street, road, lane or avenue, to the city, pay to the said company 
 the fair value of its water pipes and other water appliances con- 
 structed in said street, lane, road or avenue, and such actual 
 damages to the said company as shall be caused by the acquisition 
 of said pipes and appliances by the city ; and the amount so to 
 be paid, if the said company and the said city cannot agree in 
 reference, thereto, shall be ascertained by a majority of a board 
 of three arbitrators, one to be appointed by the city, and one by 
 said company, and the two arbitrators thus appointed shall 
 appoint the third arbitrator ; and if they cannot agree upon such 
 third arbitrator the latter shall be appointed by the Governor of 
 the State; provided, whenever the Mayor and City Council of 
 Baltimore shall extend its water mains for the purpose of 
 supplying water therein into the territory of Baltimore County 
 previously occupied by some other w^ater company then supply- 
 ing water to residents of such locality, said Mayor and City 
 Council of Baltimore, before it shall supply water to users in 
 said territory, shall purchase or condemn the water pipes and 
 rights of said local water company. To purchase all the 
 property, rights, estates and privileges of any chartered company 
 authorized to introduce, or which may hereafter be authorized to 
 introduce, water into said city, upon such terms as may be 
 agreed upon by the city and such corporation or corporations, 
 in the manner prescribed in their respective charters, or in the 
 absence of such provisions, as shall be agreed upon by the said 
 city and such corporation or corporations ; and such corporation 
 is authorized to execute a conveyance to the city of all the 
 franchises and property of said corporation ; and all such rights, 
 privileges and franchises shall be vested in the Mayor and City 
 Council of Baltimore, to be held, exercised and enjoyed by the 
 said city as fully in every respect as might or could have been 
 done by any such corporation or corporations under their re- 
 spective charters. 
 
 Balto. City v. Balto. Co. Water & Electric Co., 95 Aid. 242. 
 
 (31) Welfare and Other Powers. 
 
 The foregoing or other enumeration of powers in this Article 
 shall not be held to limit the power of the Mayor and City 
 Council of Baltimore, in addition thereto to pass all ordinances 
 not inconsistent with the provisions of this Article or the laws of
 
 53 
 
 tlie State as may be proper in executing any of the powers, either 
 express or implied, enumerated in this section and elsewhere in 
 this Article, as well as such ordinances as it may deem expedient 
 in maintaining the peace, good government, health and welfare 
 of the City of Baltimore ; and it may provide for the enforce- 
 ment of all such ordinances by such penalties and imprisonments 
 as may be prescribed by ordinance ; but no fine shall exceed five 
 hundred dollars, nor imprisonment exceed twelve months for 
 any offense. 
 
 Bostock V. Sams. 95 Md. 415. C/., Commrs. of Easton v. Covey, 74 
 Md. 262. Deems v. Mayor & C. C. of Balto., SO Md. 164. 
 
 Regulations conceruing the removal of garbage and offal are valid 
 exercise of the police power. 
 
 Wm. R. Schultz v. State of Maryland, 112 Md. 211. 
 Ordinance passed in pursuance of provision of Charter has same effect 
 as Act of Legislature, and supersedes within city limits provision of 
 State Law. 
 
 Gould V. Baltimore, 119 Md. 534. 
 
 1908, ch. 54. 
 
 6A. Whenever the Mayor and City Council of Baltimore 
 shall condemn any land for a street, square, lane, alley, bridge or 
 its approaches, or reservoir, or for an esplanade, boulevard, 
 parkway, parkgrounds or public reservation around, adjacent, 
 opposite or in proximity, or leading to a public building or 
 buildings, or land adjoining such esplanade, boulevard, parkway, 
 park grounds, or public reservation as authorized by the next 
 preceding section, or for a schoolhouse, engine house, courthouse 
 or market, or shall condemn any land for the purpose of erecting 
 thereon any building, structure or improvement of any descrip- 
 tion, intended for a public or municipal use or uses, in all such 
 cases the absolute and unqualified fee simple title to such land, 
 or, when the proceeding is in personam, all the right, title and 
 interest of the owner or owners who are made parties to the 
 proceeding, if they should not be the owners of the entire fee 
 simple title, shall be condemned and acquired, so that neither the 
 said land nor any interest therein, sliall under any circumstances 
 revert to the person or persons who shall be the owner or owners 
 thereof at the time of the condemnation, or who shall be parties 
 to such proceeding in personam, nor to any person or per-sons 
 claiming under him, her or them ; provided, however, tlint wlien 
 the condemnation slmll l)f' provided for by ordinance, tlic Mayor 
 and City Council of Baltimore may determine, and in (lie ordi- 
 nance providing for the condemnation declare, that an interest 
 for a fixed and liiiiit<'d pi ridd (»f time \\ill sullico for the purpose
 
 54 
 
 or purposes for which the property is to be acquired, and under 
 such circumstances, only such interest shall be condemned and 
 acquired. 
 
 1910, ch. 571. 
 
 6B. The jMayor and City Council of Baltimore shall have 
 full power and authority to establish or maintain, directly or 
 by contract, reasonable facilities for the public recreation. 
 
 FKANCHISES. 
 
 7. The title of the Mayor and City Council of Baltimore, 
 
 in and to its water front, wharf property, land under water, 
 
 public landings, wharves and docks, highways, avenues, streets, 
 
 lanes, alleys and parks, is hereby declared to be inalienable. 
 
 Townsend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane, 
 98 Md. 591. Brauer v. Refrigerating Co., 99 Md. 380. C/., Westmins- 
 ter Water Co. v. Westminster, 98 Md. 551. 
 
 1904, ch. 616. 1906, ch. 152. 
 
 8. The Mayor and City Council of Baltimore may grant for 
 a limited time and subject to the limitations and conditions con- 
 tained in this Article, specific franchises or rights in or relating 
 to any of the public property or places mentioned in the preced- 
 ing section; provided that such grant is in compliance with the 
 requirements of this Article, and that the terms and conditions 
 of the grant shall have first been authorized and set forth in an 
 ordinance duly passed by the city. Every such grant shall 
 specifically set forth, define the nature, extent and duration of 
 the franchise or right thereby granted, and no franchise or right 
 shall pass by implication under any such grant ; and, notAvith- 
 standing any such grant the Mayor and City Council of Balti- 
 more shall at all times have and retain the power and right to 
 reasonably regulate in the public interest the exercise of the 
 franchise or right so granted ; and the said Mayor and City 
 Council of Baltimore shall not have the power by grant or 
 ordinance to divest itself of the right or power to so regulate the 
 the exercise of such franchise or right. But no franchise shall 
 be gi'anted for the erection on any of the streets, lanes, or alleys 
 of the said city of any awning poles, posts, hitching posts, barber 
 poles, railings, stepping stones, sign posts, horse troughs, clocks, 
 stands of any character, or cellar doors or coal holes, unless the 
 same be flush with the pavement ; nor shall any franchise be 
 granted for an open area, unless the same is used as a means of 
 entrance to buildings used primarily for purposes of residence,
 
 55 
 
 and only in such case when the same does not extend more than 
 three and one-half feet from the building line. 
 
 Towusend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane, 
 
 98 Md. 589. Simon's Sons v. Md. Telephone Co., 99 Md. 141. Brauer 
 V. Refrigerating Co., 99 Md. 380. Storck v. Baltimore City, 101 Md. 476, 
 
 In relation generallj' to franchises granted by the municipality, see: 
 
 Baltimore v. Clunet, 24 Md. 469. N. Balto. Pass. R. R. Co. v. N. Ave. 
 
 Ry. Co., 74 Md. 243. N. Balto. Pass. R. R. Co. v. Baltimore, 74 Md. 250. 
 
 Bonaparte v. Lake Rol. Elv. R. R. Co., 75 Md. 340. Lake Rol. Elv. 
 
 R. R. Co. V. Balto., 77 Md. 372-379. State ex rel. v. Latrobe, 81 Md. 222. 
 
 Park Tax Case, 84 Md. 1. Hooper v. Balto. City Pass. Ry. Co., 85 Md. 
 
 509. Bear Creek Co. v. Baltimore City, 87 Md. 84. Baltimore City v. 
 
 N. C. Ry. Co., 88 Md. 691. Ches. & Pot. Telephone Co. v. Baltimore City, 
 
 S9 Md. 689. Mealey v. Mayor of Hagerstown, 92 Md. 752. Balto. County 
 
 Water Co. v. Baltimore, 95 Md. 242. Consolidated Gas Co. v. Schreiber, 
 
 99 Md. 403. Referred to in The Patapsco Electric Co. v. M. & C. C, 
 110 Md. 310. 
 
 Terms and CoNDiTiOoSrs of Grants and Franchises. 
 
 9. ]^o franchise or right in relation to any highway, avenue, 
 street, lane or alley, either on, above or below the surface of the 
 same, shall be granted by the Mayor and City Council of Balti- 
 more to any person or corporation for a longer period than 
 twenty-five years, but such grant may, at the option of the city, 
 provide for giving to the grantee the right, on fair re-valuation, 
 including in such re-valuation the value derived from the said 
 franchise or right, to renewals not exceeding in the aggregate 
 twenty-five years. Such grant may provide that upon the 
 tei-mination of the said franchise or right granted by the City, 
 the plant, as well as the property of the grantee situated in, 
 above or under the highways, avenues, streets, lanes or alleys 
 aforesaid, with its appurtenances, shall thereupon be and become 
 the property of the city, without further or other compensation 
 to the grantee ; or such grant may provide that upon such deter- 
 mination, there shall be a fair valuation of the plant and 
 property, which shall be and become the property of the city 
 at its election, on paying the grantee said valuation. If, by 
 virtue of the grant, the plant and property are to become the 
 property of the city, without money payment therefor, the city 
 shall have the option, either to take and operate the said 
 property on its own account, or to renew the said grant for not 
 exceeding twenty-five years on a re-valuation, or sell the same 
 to the higliest l)iclc]or at public sale. If the originnl grant shall 
 prescrilK! that the Mayor and City Conncnl of iialtiiiioro shall 
 at its C'loctir)!! make payment for such plant and property, sucli 
 payment shall ]»• at a fair valuation of the same as property,
 
 56 
 
 excluding any value derived from the franchise or right and if 
 the city shall make payment for such plant and property, it may, 
 in that event, operate the plant and property on its own account 
 for five years, after which it may determine either to continue 
 such operation on its own account or to lease the said plant and 
 property and the said franchise or right to use the highways, 
 avenues, streets, lanes and alleys or other public property in 
 connection therewith, for limited periods, under such rules and 
 regulations as it may prescribe, or to sell the plant and property 
 to the highest bidder at public sale. Every grant of any such 
 franchise or right shall make provision, by way of forfeiture or 
 otherwise, of the grant for the purpose of compelling compliance 
 with the terms of the grant, and to secure efficiency of public 
 service at reasonable rates, and the maintenance of the property 
 in good condition, throughout the full term of the grant. The 
 grant shall also specify the mode of determining the valuations 
 and re-valuations which may be provided for therein. 
 
 Purnell v. McLane, 98 Md. 589. Brauer v. Refrigerating Co., 99 Md. 
 380. Consolidated Gas Co. v. Sclireiber, 99 Md. 403. Cf., Mealy v. 
 Mayor of Hagerstown, 92 Md. 741. 
 
 1900, cli. 109. 
 
 10. Before any grant of the franchises or right to use any 
 highway, avenue, street, lane or alley, or other public property, 
 either on, above or below the surface of the same shall be made, 
 the proposed specific grant, except as provided in the proviso to 
 section 37 of this Article, embodied in the form of a brief adver- 
 tisement, prepared by the Board of Estimates, at the expense 
 of the applicant, shall be published by the Comptroller for at 
 least three days in one daily newspaper published in Baltimore 
 City to be designated by the Board of Estimates, and all the 
 provisions of section 37 of this Article shall be complied with. 
 
 Purnell v. McLane, 98 Md. 591. Brauer v. Refrigerator Co., 99 Md. 380. 
 
 Turnpikes and private streets are held to come under this Section 
 when used for the purpose of supplying electric current by means of 
 wires and poles. 
 
 The Patapsco Electric Co. v. M. & C. C, 110 Md. 310. 
 
 11. When the grant of a franchise or right is made in com- 
 pliance with the aforegoing sections, the Mayor and City Council 
 of Baltimore shall not part with, but shall expressly reserve the 
 right and duty, at all times, to exercise, in the interest of the 
 public, full municipal superintendence, regulation and control, 
 in respect to all matters connected with said grant and not incon- 
 sistent with the terms thereof.
 
 57 
 
 Purnell v. McLaue, 98 Md. 591. Brauer v. Refrigeiatiug Co., 99 Md. 
 380. Cf., N. C. Ry. Co. v. Baltimore, 21 Md. 104. 
 
 12. Sections 8, 9, 10 and 11 of this Article shall apply to 
 any renewal or extension of the grant or leasing of the property 
 to the same grantee or to others. 
 
 1910, ch. 593. 1912, ch. 32. 
 
 13. l^othing contained in this Article shall prevent the 
 Mayor and City Council of Baltimore, from, in any manner, 
 disposing of any building or parcel of land no longer needed for 
 public use; provided, that such disposition shall be authorized 
 and provided for by ordinance, and shall be approved by the 
 Commissioners of Finance by their uniting in the conveyance 
 thereof, and shall be made at public sale, unless a private sale be 
 expressly authorized by the Board of Estimates and so entered 
 on their minutes ; nor from renting for fixed and limited terms 
 any of its property not needed for public purposes, on approval 
 of the Commissioners of Finance. 
 
 For decisions in relation to disposition of its lands and property by 
 the municipality, see, 
 
 Rittenhouse v. Mayor, 25 Md. 336. Newbold v. Glenn. 67 Md. -489. 
 Kilpatricli v. M. & C. C. of Balto., 81 Md. 195. Davidson v. Balto. City, 
 96 Md. 509. 
 
 City may rent city property for entertainments at times when not 
 needed for public purposes. 
 
 Gottleib Knabe Co. v. Macklin, 109 Md. 429. 
 
 1912, ch. 429. 
 
 14. Hereafter, in contracting for any public work, or the 
 purchase of any supplies or materials, involving an expenditure 
 of five hundred dollars or more for the citv, or bv any of the 
 city departments, sub-departments, or municipal officers not cm- 
 braced in a department, or special commissions or boards, unless 
 otherwise provided for in this article, advertisements for pro- 
 posals for the same, shall be first published in two or more daily 
 newspapers published in Baltimore City, twice or of toner, the 
 first publication to be made not less than ten nor more tlian 
 twenty days prior to the day set for opening the bids ; and the 
 contract for doing said work or furnishing said supplies or 
 materials, shall be awarded by the board provided for in the 
 next section of this article, and in the mode and manner as 
 therein prescribed. 
 
 American I>iKhtin>c Co. v. McCuen, 92 Md. 702. Packard v. Hayes, 04 
 Md. 2'.',?,. Smith v. Hayes, 98 Md. 4^5. ]5iiil(llii;,' Siii)|)ly ("o. v. Baltimore 
 City, 100 Mil. i!)2. Flack v. M. & C, C. of iialto.. 104 Md. 130.
 
 58 
 
 As to cases arising out of contracts witli city prior to the enactment 
 of the New City Charter, see the following: 
 
 Baltimore v. Eschbach, 18 Md. 276. Mayor &c. v. Reynolds, 20 Md. 
 1. Mayor v. B. & O. R. R. Co., 21 Md. 52. Rittenhouse v. M. & C. C. 
 of Balto., 25 Md. 336. Mayor v. Musgrave, 48 Md. 272. Mayor, &c. v. 
 Weatherby, 52 Md. 442. Kelly v. Mayor, 53 Md, 134. Morgan v. M. & 
 C. C. of Balto., 58 Md. 509. Baltimore v. Raymo, 68 Md. 569. Wilson 
 V. Balto. City, 83 Md. 203. See further. Mealy v. M. & C. C. of Hagers- 
 town, 92 Md. 741. See also cases under Section 15, post. 
 Alternative system of bidding. 
 
 Baltimore City v. Flack, 104 Md. 130. 
 Selection of material for paving. — Discretion to choose between several 
 kinds may be delegated. 
 
 Baltimore v. Gahan, 104 Md. 157. 
 Notice must be published in English language, unless notice published 
 as required, award of contract will be enjoined. 
 
 Bennett v. City, 106 Md. 485. 
 When the lowest bid is not in conformity with the specifications as 
 advertised, the contract may be awarded to the next lowest bidder. 
 Maryland Pavement Co. v. Mahool, 110 Md. 397. 
 The purchases by the Board of Police Commissioners included in their 
 estimate of expenses are not subject to the provisions of this Section 
 and Section 36B construed in connection with Section 747. 
 Thrift V. Ammidon, 125 Md. — . 
 
 1908, ch. 163. 
 
 15. All bids made to the Major and City Council of Balti- 
 more for supplies or work for any purpose whatever, unless 
 otherwise provided in this article, shall be opened by a board, or 
 a majority of them, consisting of the Mayor, who shall be presi- 
 dent of the same, the Comptroller, City Register, City Solicitor, 
 and the President of the Second Branch, which board, or 
 majority of them, shall, after opening said bids, award the 
 contract to the lowest responsible bidder, provided, however, 
 that whenever alternative bids are invited for two or more 
 different things, then the said board shall have power and 
 authority, in its discretion, after all bids have been opened, to 
 select the particular thing which shall be adopted, and thereupon 
 the said board shall award the contract to the lowest responsible 
 bidder for and upon the particular thing so selected, and any 
 recommendations which may be made by any department, sub- 
 department, municipal officers not embraced in a department, spe- 
 cial commission or board as to the particular thing to be selected 
 by said board, shall be advisory only, and not binding upon said 
 board ; provided, however, that nothing in this Act relative to 
 alternative bidding shall apply to the Annex Improvement Com- 
 mission created by chapter 274 of the Acts of 1904, providing 
 for the Annex loan subsequently approved by the people of 
 Baltimore City. Bids when filed shall be irrevocable. The
 
 59 
 
 successful bidder shall promptly execute a formal contract to be 
 approved as to its form, terms and conditions by the City 
 Solicitor, and he shall also execute and deliver to the Maj^or a 
 good and sufficient bond to be approved by the Ma^^or in the 
 amount of the contract price. To all such bids there shall be 
 attached a certified check of the bidder upon some clearing 
 house bank, and the bidder who has had the contract awarded 
 to him, and who fails to promptly and properly execute the 
 required contract and bond shall forfeit said check. The said 
 check shall be taken and considered as liquidated damages, and 
 not a penalty, for failure of said bidder to execute said contract 
 and bond. Upon the execution of said contract and bond by 
 the successful bidder, the said check shall be returned to him. 
 The amount of said check shall be five hundred dollars, unless 
 otherwise provided by ordinance, or an order or regulation of 
 the department for whose use the bids are made and contract 
 entered into. The checks of the unsuccessful bidders shall be 
 returned to them after opening the bids and awarding the con- 
 tract to the successful bidder. 
 
 American Lighting Co. v. McCuen, 92 Md. 705. Packard v. Hayes. 94 
 Md. 233. Smith v. Hayes, 98 Md. 485. Callaway v. Baltimore, 99 Md. 
 315. Building Supply Co. v. Baltimore City, 100 Md. 192. Flack v. 
 Mayor, etc., Baltimore, 104 Md. 130. 
 
 When the lowest bid is not in conformity with the specifications a9 
 advertised, the contract may be awarded to the next lowest bidder. 
 Maryland Pavement Co. v. Mahool, 130 Md. 397. 
 
 In the absence of fraud or collusion, decision of Board of Awards on 
 responsibility of "bidder conclusive. 
 
 Knight v. M. & C. C, Daily Record, July 1, 1913. 
 
 The bid is irrevocable and cannot be withdrawn or altered after filing. 
 Baltimore v. Robinson, 123 Md. 660. 
 
 The certified check deposited at the time of filing a bid is forfeited 
 if the bidder fails to execute the contract and furnish the requisite bond. 
 Baltimore v. Robinson, 123 Md. 660. 
 
 P. L. L., (1888) Art. 4, sec. 7. 1914, ch. 512. 
 
 16. The inhabitants of the City of Baltimore qualified to 
 vote for members of the House of Delegates shall, on the 
 Tuesday next after the first Monday in May, eighteen hinidrod 
 and ninety-nine, and on the same day and month in every fourth 
 year thereafter, elect by ballot a person of known iutegrity, 
 experience and sound judgment, over twenty-five years of age, 
 a citizen of the United States, and ten years a resident of said 
 City next preceding the election, and either assesscvl with 
 property in said city to the amount of two thousand dollars, 
 and who has paid tsixcs thereon for two years preceding his 
 election, or who has hitherto held elective, e.\ecutivo or legisla-
 
 60 
 
 tive office under the Government of the United States or the 
 State of Maryland, or the City of Baltimore, to be Mayor of 
 the City of Baltimore ; but the Mayor chosen at the first election 
 under this section shall not enter upon the discharge of the 
 duties of the office until the expiration of the term of which the 
 present Mayor was elected, unless the said office of Mayor shall 
 become vacant by death, resignation, removal from the State or 
 other disqualification of the present Mayor. 
 
 17. Prior to every municipal election, as provided for in 
 this Article, there shall be, on the first and second Mondays of 
 April, a supplementary registration of voters of Baltimore City, 
 which registration shall be under the supervision of the Super- 
 visors of Election, and conducted in conformity with the pro- 
 visions of the law then in force relating to the registration of 
 voters. On each day of said registration the registers shall 
 revise the list of registered voters made at their last regular 
 sitting, by adding the names of those persons who are entitled 
 to registration at that time, and striking from said registration 
 lists the names of those persons who have died or become dis- 
 qualified since the said last sitting^ and the registration lists 
 used at the preceding November election, after being revised as 
 herein directed, shall be used at the municipal election in May. 
 
 18. In case of vacancy in the office of Mayor by death, resig- 
 nation or permanent disqualification, the President of the 
 Second Branch of the City Council shall be Mayor for the 
 residue of the term for which the said Mayor was elected. 
 
 19. In case of sickness or necessary absence of the Mayor, 
 the President of the Second Branch of the City Council shall 
 be ex ojficio Mayor of the City during the continuance of said 
 sickness or necessary absence. 
 
 20. The term of Mayor shall commence on the Tuesday next 
 after the third Monday of May succeeding his election, and 
 continue for four years, and until his successor shall be elected 
 and qualified, and he shall receive a salary of six thousand 
 dollars per annum, payable monthly. He may appoint such 
 persons to aid him in the discharge of his duties as may be 
 prescribed by ordinance. 
 
 1906, ch. 420. 
 
 20A. Hereafter, all checks of the Mayor and City Council 
 of Baltimore shall be signed by the City Register and counter-
 
 61 
 
 signed by either the Mayor or the City Comptroller and all 
 bonds executed in favor of the Mayor and City Council of Balti- 
 more shall be approved either by the Mayor or by the City Comp- 
 troller, and all contracts relative to the respective departments of 
 the City Government, sub-departments, municipal officers not 
 embraced in a department, special commissions or boards, sliall 
 be executed on behalf of the Mayor and City Council of Balti- 
 more by either the Mayor or the respective heads of said depart- 
 ments, sub-departments, municipal officers not embraced in a 
 department, special commissions or boards, or the chairman or 
 President as the case may be, of said special commissions or 
 boards. 
 
 P. L. L., (I860) Art. 4, sec. 8. P. L. L., (1888) Art. 4, sec. 11. 
 
 21. The Mayor, by virtue of his office, shall have all the 
 jurisdiction and power, as a conservator of the peace, of a 
 Justice of the Peace, and may call upon any officer of the city 
 entrusted with the receipt or expenditure of public money, for 
 a statement of his account as often as he may think necessary, 
 and may at any time by expert accountants and bookkeepers, 
 examine the books and accounts of any department, sub-depart- 
 ment, municipal board, officer, assistant, clerk, subordinate or 
 employe. 
 
 Mayor, &c. v. Dechert, 32 Md. 369. 
 
 P. L. L., (1860) Art. 4, sec. 9. P. L. L., (1888) Art. 4, sec. 12. 
 
 22. The Mayor shall see that the ordinances and resolutions 
 are duly and faithfully executed, and shall report to the City 
 Council as soon as practicable after the first day of January in 
 each year, the general state of the city, with an accurate account 
 of the money received and expended, to be published for the 
 information of the citizens. He shall have general supervision 
 over all departments, sub-departments, municipal officers, not 
 embraced in a department and special commissioners or boards. 
 
 Baltimore v. Radecke, 49 Md. 217. Cumberland v. Wilson, .W Md. 138. 
 
 P. L. L.. (1860) Art. 4, sees. 10, 11. P. L. L., (1888) Art. 4, sees. 13, 14. 
 
 23. All ordinances or resolutions duly passed by the City 
 Council, after being properly certified by the Presidents of the 
 First and Second Branches of the City Council as having been 
 so passed, shall be delivered by the Clerk of the ]>rancli in 
 which the same originated, to the ]\layor for his approval, and 
 there shall be noted on said ordinances or resolutions the dat(^ of 
 said delivery; and, when approved ])y him, they sliall become
 
 62 
 
 ordinances or resolutions of the Mayor and City Council of 
 Baltimore. If the Mayor shall not approve of any ordinance 
 or resolution so passed by the City Council he shall return the 
 same with his objections in writing to the Branch in which the 
 said ordinance or resolution originated, within five days of 
 actual regular sittings of said Branch, excluding special sittings 
 called by the Mayor, occurring after such delivery of said 
 ordinance or resolution to him, which objections, upon receipt of 
 the same by said Branch, shall be forthwith read to such Branch 
 and entered at large on its Journal ; and such Branch shall, after 
 five days and within ten days after such ordinance or resolution 
 shall have been returned to it by the Mayor, proceed to recon- 
 sider and vote upon the same. If such ordinance or resolution 
 shall, after reconsideration, be again passed by three-fourths of 
 all the members elected to said Branch it shall be forthwith sent, 
 with the objections of the Mayor, to the other Branch, and after 
 five days and within ten days, after it is so sent, it shall likewise 
 be reconsidered and voted upon also by said other Branch, and 
 if passed by a vote of three-fourths of all the members elected 
 to said other Branch it shall be and become, to all intents and 
 purposes, an ordinance or resolution of the Mayor and City 
 Council of Baltimore. In such cases, after said reconsideration, 
 the votes on the question of the passage of such ordinance or 
 resolution over the veto of the Mayor shall be determined by 
 yeas and nays, and the names of the persons voting for and 
 against the passage of said ordinance or resolution over the veto 
 of the Mayor shall be entered on the respective Journals of each 
 Branch of the City Council. If any ordinance or resolution 
 duly passed by the City Council shall not be returned by the 
 Mayor to the Branch of the City Council in which the same 
 originated within five days of its actual regular sittings, exclud- 
 ing special sittings called by the Mayor, after it shall have 
 been delivered to him, the same shall become an ordinance or 
 resolution of the Mayor and City Council of Baltimore in the 
 same manner as if the Mayor had approved it, unless the City 
 Council by an adjournment sine die, or for a period exceeding 
 one month, shall prevent its return. In case an ordinance or 
 resolution duly passed by the City Council shall embrace 
 different items of appropriation the Mayor may approve the 
 provisions thereof relating to one or more items of appropriation 
 and disapprove the others, and in such case those he shall 
 approve shall become effective and those which he shall not 
 approve shall be reconsidered in manner and form as herein- 
 before prescribed in this section, by both Branches of the City
 
 63 
 
 Council, and shall become effective if again passed over the 
 veto of the Mayor by the vote as above prescribed for the passage 
 over the veto of the Mayor of entire ordinances or resolutions. 
 The mode and manner of procedure of both Branches of the City 
 Council and of the JMayor in the matter of the veto of one or more 
 distinct items of appropriation in any ordinance or resolution 
 shall be the same as the mode and manner of procedure pre- 
 scribed in this section for the passage of an entire ordinance or 
 resolution over the veto of the Mayor. 
 
 Baltimore City v. Gorter, 93 Md. 1. See note to Hooper v. Creager, 84 
 Md. 197. Heiskell v. Mayor, 65 Md. 149. Also, Murdocli v. Strange, 99 
 Md. 89. 
 
 24. The Mayor shall summon all the heads of departments 
 to a conference on municipal matters at least once in each fiscal 
 year, and oftener, if he thinks the public interests will be 
 promoted thereby, and every head of department shall report to 
 him, orally or in writing, as he may prefer, once in every month. 
 
 P. L. L., (1860) Art. 4, sec. 26. 1880, ch. 101. P. L. L., (1888) Art. 4, 
 
 sec. 31. 
 
 25. The Mayor shall have the sole power of appointment 
 of all heads of departments, heads of sub-departments, municipal 
 ofiicers not embraced in a department and all special commis- 
 sioners or boards, except as otherwise provided in this Article, 
 subject to confirmation by a majority vote of all the members 
 elected to the Second Branch of the City Council ; provided said 
 Second Branch shall take action on such nomination within 
 the first three regular succeeding sittings of said Brnnch after 
 said nominations are sent to it by the Mayor. If the Branch 
 fails to take such action within said time, then the person or 
 persons so nominated shall be to all intents and purposes such 
 officer or officers as if they had been confirmed by said Second 
 Branch. If said Second Branch shall, by the required vote and 
 in the prescribed time, refuse to confirm such nominations^ the 
 Mayor shall, within the next three regular succeeding sittings 
 of said Branch, send to it other name or names for such office or 
 offices, and the duties of said Second Branch and the Mayor 
 shall continue to be as above prescribed until a confirmation is 
 liad or a failure to act for three regnlar succeeding sittings by 
 the said Second Branch occnrs. "^rhe flavor shall have the 
 power to remove at pleasure, dnring the first six monlJis of their 
 respective terms, the heads of nil departments or members 
 thereof, heads of sub-departments or members thereof, municipal 
 officers not embraced in a department and special commissions
 
 64 
 
 or boards, or members thereof, appointed by him, but after six 
 months the Mayor shall only remove said officials for cause, after 
 charges preferred against them, notice given and trial had before 
 the Mayor. The terms of all municipal officials appointed by 
 the Mayor shall be four years, unless otherwise provided for in 
 this Article. All municipal officials who are appointed by the 
 Mayor shall be appointed in the month of September succeeding 
 his election, and enter into their respective offices on the first 
 Monday in October, immediately following their respective 
 appointments, or as soon thereafter as their appointments have 
 been confirmed, as above provided, if appointed or confirmed 
 subsequent thereto ; but the Mayor first chosen under this 
 Article shall appoint said officials in the month of February 
 succeeding his election, subject to confirmation by the Second 
 Branch of the City Council, and they shall enter upon their 
 duties on the succeeding first of March, and shall hold office until 
 their successors under the provisions of this Article, are ap- 
 pointed and qualified unless sooner removed under the provisions 
 of this Article. All municipal officials, boards and commis- 
 sioners in office under the Mayor and City Council of Baltimore, 
 upon the date of the passage of this Article, unless otherwise pro- 
 vided in this Article, shall hold their respective offices under 
 existing laws and ordinances, the same as if this Article had not 
 been passed, until their successors are appointed, as provided 
 in this section, in February nineteen hundred; they shall be 
 subject to removal, as provided in said laws and ordinances, and 
 all vacancies occurring in said offices shall be filled as now 
 provided for in said existing laws and ordinances ; said munici- 
 pal officials, boards and commissioners shall perform the duties 
 respectively now prescribed by existing laws and ordinances 
 which are not inconsistent with the provisions of this Article, and 
 they shall also perform such additional duties as may be 
 required to be performed by such officers in this Article. The 
 Mayor first elected under the provisions of this Article, shall 
 organize the municipal government of Baltimore City, as 
 provided for in said Article, and appoint the heads of depart- 
 ments, sub-departments, municipal officers, boards and commis- 
 sions provided for therein, in the month of February, nineteen 
 hundred. All persons appointed by the Mayor, as well as those 
 municipal officials elected by the people or by the joint conven- 
 tion of the City Council, shall, before entering upon the dis- 
 charge of their respective duties, qualify by taking before the 
 Mayor an oath to faithfully perform the duties of their re- 
 spective offices, and that they will support the Laws and Consti- 
 tutions of the United States and of the State of Maryland. A
 
 65 
 
 test book shall be kept by the Mayor, which shall be signed at 
 the time of taking the oath aforesaid by said officials, and after 
 the qualifications aforesaid, the Mayor shall issue to the said 
 officials a commission signed by himself with the corporate seal 
 attached. All vacancies occurring in any of the offices which 
 the Mayor is empowered to fill, during the recess of the Second 
 Branch, unless otherwise provided in this Article, shall be filled 
 by the Mayor until the next reg-ular meeting of the Second 
 Branch, at which meeting the Mayor shall present the name of a 
 person for confirmation to fill said vacancy, and the mode and 
 manner of procedure in such a case shall be the same as provided 
 for in this section for other appointments by the Mayor and 
 confirmation by the Second Branch. 
 
 On construction of section 25, see Robinson v. Baltimore City, 93 Md. 
 212. McClellan v. Marine, 98 Md. 54. Baltimore City v. Lyman, 92 Md. 
 591. 
 
 As to oath of office and its legal significance, see Thomas v Owens, 
 4 Md. 189. Harwood v. Marshall, 9 Md. 83. Jump v. Spence, 28 Md. 1. 
 Archer v. State, 74 Md. 447; Creager v. Hooper, 83 Md. 501. Davidson 
 V. Brice, 91 Md. 691. 
 
 As to term of and title to office, see Thomas v. Owens, 4 Md. 189, 15 
 Md. 465. Jump v. Spence, 28 Md. 1. Robb v. Carter, 65 Md. 334. Archer 
 V. State, 74 Md. 453. County Commissioners v. School Commrs., 77 Md. 
 283. Miles v. Stevenson, 80 Md. 366. Creager v. Hooper, 83 Md. 490. 
 Ash V. McVey, 85 Md. 130. Wells v. Monroe, 86 Md. 445. Duer v. Daniell, 
 91 Md. 660. Keyser v. Upshur, 92 Md. 778. Hagerstown v. Williams, 
 96 Md. 237. 
 
 As to power of appointment and removal, see Townsend v. Kurtz, 83 
 Md. 340. Hooper v. Creager, 84 Md. 241. Hooper v. New, 85 Md. 565. 
 Hooper v. Farnen, 85 Md. 587. Field v. Malster, 88 Md. 691. School 
 Commrs. v. Goldsborough, 90 Md. 193. Street Commrs. v. Williams, 96 
 Md. 237. 
 
 1880, ch. 101. P. L. L., (1888) Art. 4, see. 31. 
 
 26. ISTo person shall at any time hold more than one office 
 yielding pecuniary compensation under the Mayor and City 
 Council of Baltimore. All municipal officials, except females, 
 shall be registered voters of the City of Baltimore. 
 
 Baltimore City v. Lyman, 92 Md. 591. 
 
 27. All heads of departments, heads of sub-departments, 
 municipal officers not embraced in a department, or special 
 commissions or boards, provided for in this Article, slinll bold 
 their offices until their successors are appointed or elected and 
 qualified. 
 
 28. The heads of departments, heads of sub-dopartnients, 
 municipal officers not embraced in a department, and all special 
 
 (4)
 
 66 
 
 commissions or boards shall have the sole power of appointment 
 and removal at pleasure of all deputies, assistants, clerks and 
 subordinate employees employed by them, unless otherwise pro- 
 vided in this Article. 
 
 Baltimore City v. Lyman, 92 Md. 611. American Lighting Co. v. 
 McCuen, 92 Md. 705. As to appointment of subordinates prior to new 
 etiarter, see Hooper v. New, 85 Md. 565. 
 
 29. All heads of departments, shall have the privilege of the 
 floor in the First Branch of the City Council at its sittings, and 
 shall be entitled to participate in the discussion of matters relat- 
 ing to their respective departments, but shall have no vote. 
 When the head of a department is a Board, or composed of more 
 than one person, the President thereof shall be entitled to the 
 privilege provided for in this section. 
 
 30. The Mayor, in appointing all heads of departments, sub- 
 departments, boards and commissions or members of any such, 
 composed of more than one person, shall appoint a minority of 
 the members of each of such bodies of persons from a different 
 political party from those forming the majority of said depart- 
 ments, sub-departments, boards and commissions or members of 
 any such, and in ascertaining the political party from which 
 such minority representatives shall be taken, he shall select from 
 that party which cast the next highest vote at the preceding 
 election. 
 
 EXECUTIVE DEPAETMENT. 
 
 31. The executive power of the Mayor and City Council of 
 Baltimore shall be vested in the Mayor, the departments, sub- 
 departments, municipal officers not embraced in a department 
 herein provided for, and such special commissioners or boards 
 as may hereafter be provided for by laws, or ordinances not 
 inconsistent with this Article. All municipal officials, unless 
 otherwise provided for by laws or ordinances, shall give bond to 
 the city for the faithful discharge of their duties, to be approved 
 by the Mayor, and in such penalties as may be prescribed by laws 
 or ordinances. The Mayor shall be the chief executive officer of 
 the city, and in addition to the following administrative depart- 
 ments, sub-departments, and municipal officers not embraced in 
 a department, there shall be such assistants, clerks and employees 
 to said departments, sub-departments and municipal officers as 
 may be prescribed by ordinances not inconsistent with this 
 Article not herein otherwise provided for. The several heads of
 
 67 
 
 « 
 
 departments, heads of sub-departments, municipal officers not 
 embraced in a department, and special commissions or boards, 
 shall have the power to pass such rules and regulations, not 
 inconsistent with the laws or ordinances, for the government of 
 their respective departments as they may deem right and proper. 
 All heads of departments composed of Boards shall hold at least 
 one meeting every month for the purpose of consultation and 
 advice, and in order to become familiar with the business and 
 the mode of conducting the same, of the sub-departments of 
 their respective departments, A record of all the proceedings 
 and official acts of heads of departments and sub-departments, 
 municipal officials and commissioners shall be kept in a well- 
 bound book, and a certified copy of said record or any part 
 thereof under the corporate seal of the city shall be admissible in 
 evidence in any Court of this State as proof of such record or 
 part thereof. 
 
 The said executive departments shall be as follows : 
 
 (I) Department of Finance, 
 With the following sub-departments: 
 
 1. Comptroller. 
 
 2. City Register. 
 
 3. Board of Estimates. 
 
 4. Commissioners of Finance. 
 
 5. City Collector. 
 
 6. Collector of Water Rents and Licenses. 
 
 (II) Department of Law. 
 Composed of 
 
 City Solicitor. 
 
 (III) Department of Public Safety, 
 With the following sub-departments: 
 
 1. Board of Fire Commissioners. 
 
 2. Commissioner of Health. 
 
 3. Inspector of Buildings. 
 
 4. Commissioner of Street Cleaning. 
 
 (IV) Department of Public Improvements, 
 With the following sub-departments: 
 
 1. City Engineer. 
 
 2. Water Board. 
 
 3. Harbor Board. 
 
 4. Inspector of Buildings. 
 
 (V) Department of Parks and Squares. 
 Composed of 
 
 Board of Park Commissioners.
 
 68 
 
 » 
 
 (VI) Department of Education. 
 Composed of 
 
 Board of School Commissioners. 
 
 (VII) Department of Charities and Corrections, 
 With the following sub-departments : 
 
 1. Supervisors of City Charities. 
 
 2. Visitors to the Jail. 
 
 (VIII) Department of Review and Assessment, 
 With the following sub-departments : 
 
 1. Appeal Tax Court. 
 
 2. Commissioners for Opening Streets. 
 
 (IX) Division Embracing Municipal Officers, not Included 
 in any Department : 
 
 1. City Librarian. 
 
 2. Art Commission. 
 
 3. Superintendent of Lamps and Lighting. 
 
 4. Surveyor. 
 
 5. Constables. 
 
 6. Superintendent of Public Buildings. 
 
 7. Public Printer. 
 
 Baltimore City v. Lyman, 92 Md. 600. 
 
 As to bonds of municipal officials, see Hecht v. Coale, 93 Md. 692. 
 Vansant v. State, 96 Md. 110. Murdoch v. Strange, 99 Md. 89. 
 
 As to breach, penalty and damages recoverable generally in relation 
 to bonds, see Mutual Life Insurance Company v. Hantske, Daily Record, 
 December 15, 1900. 
 
 DEPAETMENT OF FIE'ANCE. 
 
 32. There shall be a Department of Finance of the Mayor 
 and City Council of Baltimore which shall consist of the 
 Comptroller, City Eegister, Board of Estimates, Commissioners 
 of Finance, City Collector and Collector of Water Eents and 
 Licenses. The head of said Department shall consist of a 
 Board of Finance composed of the Comptroller, City Eegister, 
 President of the Board of Estimates, President ol the Com- 
 missioners of Finance, City Collector and Collector of Water 
 Eents and Licenses. This Board shall be for consultation and 
 advice, and it shall have no power to direct or control the duties 
 or the work of any sub-department. It shall perform such 
 other duties as may be prescribed by ordinances not incon- 
 sistent with this Article. The Comptroller shall be the Presi- 
 dent of said Board. The fiscal year of the Mayor and City 
 Council of Baltimore shall begin on the first day of January 
 and end on the thirty-first day of December in every year.
 
 69 
 
 1906, ch. 459. 
 
 33. The Comptroller shall be elected bj the inhabitants of 
 the City of Baltimore qualified to vote for Mayor on the 'J'ues- 
 day next after the first Monday in May, in the year eighteen 
 hundred and ninety-nine, and on the same day and month in 
 every fourth year thereafter. He shall be a person possessing 
 the same qualifications as herein prescribed for Mayor. The 
 term of the Comptroller shall commence on the Tuesday next 
 after the third Monday in May in the year eighteen hundred 
 and ninety-nine, and continue for four years, and until his 
 successor is elected and qualified, and he shall receive a salary of 
 four thousand dollars per annum, payable monthly. 
 
 Baltimore City v. Lyman, 92 Md. 610. 
 
 34. The Comptroller shall be the head of the first sub-de- 
 partment of Finance, and he shall appoint a Deputy Comp- 
 troller and such clerks as may be provided for by ordinance, 
 including one to be known as the Audit Clerk, and another for 
 the collection of harbor and wharf rents, to be known as Har- 
 bor Master, with such assistants to him as may be provided for 
 by ordinance, and another for the collection of fees for the in^ 
 spection of weights and measures, to be known as the Inspector 
 of Weights and Measures, with such assistants to him as may 
 be provided for by ordinance, and another to be known as ]\Iar- 
 ket Master, with such assistants to him as may be provided by 
 ordinance. The salary of such Deputy, assistants and clerks 
 shall be fixed by ordinances. All of such appointees shall be 
 subject to the written approval of the Mayor. The Comptroller 
 shall have general supervision over the financial matters of the 
 city, and shall have oversight of all sub-departments in this 
 department. No claim, account or demand against the city of 
 any kind whatsoever shall be paid unless first audited and ap- 
 proved by the Comptroller. All moneys collected for the use 
 of the city by any municipal official, unless otherwise provided 
 in this Article, shall be turned over to the Comptroller and by 
 him deposited with the City Register. He shall perform such 
 other duties as may be prescribed by ordinances, not incon- 
 sistent with this Article. In case of temporary absence or dis- 
 qualification of the Comptroller, or a vacancy occurring in said 
 office from any cause, tlic Deputy Comy)lr«)llor shall, during 
 such absence or disqualification or vacancy from any cansc, a(^t 
 as Comptroller. The Second Branch of the City Council by 
 a majority vote of all the members elected to said Brancli, may 
 remove the Comptroller from office for incompetency, wilful
 
 70 
 
 ueglect of duty or misdemeanor in office, upon charges pre- 
 ferred by the Mayor, and after notice of such charges is given 
 to the Comptroller and an opportunity aiforded him to be heard 
 by said Branch. 
 
 1908, ch. 131. 
 
 35. The City Kegister shall be the head of the second sub- 
 department of hnance, and he shall be the register of the public 
 debt and also the custodian of all moneys belonging to the 
 Mayor and City Council of Baltimore. He shall be appointed 
 by a joint convention of the two Branches of the City Council 
 on the Tuesday next after the fourth Monday of May in the 
 year eighteen hundred and ninety-nine, and on the same day 
 and month in every fourth year thereafter. His salary shall 
 be three thousand and three hundred dollars per annum, paya- 
 ble monthly, in addition to three hundred dollars for services 
 rendered the State, as provided for in section 108 of Article 81, 
 Code of Public General Laws. The Second Branch of the City 
 Council, by a majority vote of all the members elected to said 
 Branch, may remove the City Register from office for in- 
 competency, wilful neglect of duty or misdemeanor in office, 
 upon charges preferred by the Mayor, and after notice of such 
 charges is given to the City Register, and an opportunity 
 aiforded him to be heard by said Branch. The City Register 
 shall take under his charge and keeping the corporate seal of 
 the city, and use it in all cases which are now or may be here- 
 after required by Federal or State laws, ordinances, or the 
 uses and customs of nations, and shall charge a fee of two 
 dollars for each impression of the seal, except such as shall be 
 affixed to or impressed upon documents for the Mayor and City 
 Council, or used in connection with the affairs of the city. He 
 shall pay to the Comptroller, for the use of the Mayor and 
 City Council of Baltimore, all fees so received by him. He 
 shall have power to appoint a deputy register, with a salary 
 of two thousand dollars per annum, payable monthly, and such 
 other clerical assistants as may be prescribed by ordinance not 
 inconsistent with this Article. In case of a vacancy occurring 
 in the office of City Register by removal or otherwise, the joint 
 convention of the two Branches of the City Council shall forth- 
 with fill said vacancy. He shall perform such other duties as 
 may be prescribed by ordinance not inconsistent with this 
 Article; provided, the present incumbent of the office of the 
 City Register shall hold his office until the expiration of his 
 term, as now provided under existing laws and ordinances, and
 
 71 
 
 should a vacancy occur in said office a successor shall be ap- 
 pointed by a joint convention of the City Council for the balance 
 of said term. 
 
 State V. Mayor, &c., 52 Md. 398. Robb v. Carter, 65 Md. 321. Baltimore 
 City V. Lyman, 92 Md. 610. 
 
 1910, ch. 512. 
 
 35a. That the Mayor and City Council of Baltimore be and 
 it is hereby directed to pay all monthly salaries to all officials 
 or employees whose salaries are paid by or through the Mayor 
 and City Council of Baltimore, one-half on the first and one- 
 half on the fifteenth day of each month, unless otherwise pro- 
 vided by ordinance. 
 
 BOAKD OF ESTIMATES. 
 
 OIlDi:^ANCE OF ESTIMATES. 
 
 1904, ch. 677. 
 
 36. The Board of Estimates shall be the head of the third 
 Sub-Department of Finance, and shall consist of the Mayor, 
 City Solicitor, Comptroller, President of the Second Branch 
 City Council and President of the Board of Public Improve- 
 ments. The first meeting of said Board in every year shall be 
 called by notice from the Mayor or President of the Second 
 Branch City Council personally served upon members of the 
 said Board. Subsequent meetings shall be called as the said 
 Board may direct. The President of the Second Branch sliall 
 be President of said Board, and one of the number shall act as 
 secretary, and said Board may employ such clerks as may be 
 necessary to discharge its duties; their number and compensa- 
 tion shall be fixed by ordinance. The said Board shall have 
 power at any time to summon before it the heads of the depart- 
 ments and sub-departments and all municipal officers niid spe- 
 cial commissions or boards. The said Board shall annually, 
 between the first day of October and the first day of November, 
 meet, and by an affirmative vote of a majority of all the mem- 
 bers make out the following three lists of moneys to be appro- 
 priated by the City Council for the next ensuing fiscal vonr: 
 
 FIRST, a list 'to be known as the "DEPAKTM KNTAL 
 ESTIMATES" of the amounts estimated to be required to p:iy 
 the expenses of conducting the public business for the next 
 ensuing fiscal year, including the expenditures for the City 
 Council for the salaries of its members, officers, mikI expenses;
 
 72 
 
 said list shall be prepared in such detail as to the aggregate 
 sum and the items thereof allowed to the two Branches of the 
 City Council, each department, sub-department, municipal offi- 
 cers not embraced in a department and special commissioners 
 and boards as the said Board shall deem advisable. In order 
 to enable said Board to make such list, the Presidents of the 
 two Branches of the City Council, the heads of the departm.ents, 
 heads of sub-departments, municipal officers not embraced in 
 a department, and special commissioners or boards shall, at 
 least thirty days before the said list is hereby required to be 
 made, send to the said Board in writing, estimates of the 
 amounts needed for the conduct, respectively, of the City Coun- 
 cil, departments, sub-departments, municipal officers not em- 
 braced in a department, commissioners or boards for the next 
 ensuing fiscal year. Such estimates shall be verified by the 
 oath or affirmation of persons making them, and a wilfully false 
 statement made in a material matter contained in said esti- 
 mates so made to said Board shall be perjury. The said esti- 
 mates shall specify, in detail, the objects thereof, and tlie items 
 required for the expenses of the City Council and the respec- 
 tive departments, sub-departments, municipal officers not em- 
 braced in a department and special commissioners or boards, as 
 aforesaid, including a statement of each of the salaries of the 
 members of the City Council and its officers and clerks, and the 
 salaries of the deputies, assistants, clerks, employees and sub- 
 ordinates in each department, sub-department, municipal office 
 or special commission or board. 
 
 SECOND, a list containing all amounts to be appropriated 
 by the City Council for NEW IMPROVEMENTS to be con- 
 structed by any department of the city during the next ensuing 
 fiscal year; said list to be known as the "ESTIMATES FOR 
 NEW IMPROVEMENTS." Heads of departments, heads of 
 sub-departments, municipal officers not embraced in a depart- 
 ment, and special commissioners or boards shall in writing, 
 thirty days before the time required to make such list by said 
 Board, file with said Board their recommendations as to the 
 amounts which they may consider will be needed in their re- 
 spective departments for new improvements during the next 
 ensuing fiscal year. 
 
 THIRD, a list containing all amounts which by previous 
 laws, ordinances or contracts are required to be ANNUALLY 
 APPROPRIATED to charities, educational, benevolent or 
 reformatory institutions by the city, as well as all other sums, 
 if any, which may be required by laws or ordinances to be
 
 io 
 
 appropriated for other purposes not embraced in the preceding 
 lists. This list shall be known as the ''ESTIMATES FOK 
 AXNUAL APPEOPRIATIOXS." The purpose and object 
 of this provision is that said three lists shall embrace all 
 moneys to be expended for the next ensuing fiscal year for all 
 purposes by the city. After said three lists have been prepared, 
 the Board of Estimates, shall cause to be prepared a draft of an 
 ordinance to be submitted to the City Council providing appro- 
 priations sufficient to meet the amounts called for by said three 
 lists, and the said Board shall cause a copy of said proposed 
 ordinance, certified by the signatures of a majority of them, to 
 be forthwith published in two daily newspapers in Baltimore 
 City, for two successive days, and shall, immediately after said 
 publication, transmit a copy of the draft of the said proposed 
 ordinance to the President of each Branch of the City Council, 
 whereupon a special meeting of the City Council shall be forth- 
 with called by the ^layor to consider such proposed ordinance. 
 It shall be the duty of the two Branches of the City Council, 
 when so assembled, to consider and investigate the estimates 
 contained in said proposed ordinance, and to hold daily ses- 
 sions for its consideration until said ordinance is passed. The 
 two Branches of the City Council, by a majority vote of all the 
 members elected to each Branch, may reduce the said amounts 
 fixed by the said Board in said proposed ordinance, except such 
 items thereof as are now or may hereafter be fixed by law, 
 and except such items as may be inserted by said Board to pay 
 State taxes, and to pay the interest and principal of the nnuiici- 
 pal debt. The City Council shall not have the power to increase 
 the amounts fixed by the Board nor insert new items in the 
 proposed ordinance. When said proposed ordinance, embracing 
 said estimates, shall have been duly passed by both Branches of 
 the City Council and approved by the Mayor, it shall be known 
 
 as the "Ordinance of Estimates for the year ," and 
 
 said several sums shall be and become appropriated, after the 
 beginning of the next ensuing fiscal year, for the several pur- 
 poses therein named, to be used by the City Council, depart- 
 ments, sub-departments, municipal officers not emliraced in a 
 department, and special commissions or boards therein named, 
 and for no other purposes or uses whatever. The City Council 
 sliiill not have the power, by any other or subsc(|n(Mit iii'iliii;iiic<' 
 or resolution, to enlarge :iii\' item contained in snid onlliKHicc 
 after the same is dnly passed, noi- shall thv City Conncil, hy any 
 subse(|uent ordinanfo or othei-wise, aj)pr()j)riat(' any sums ot 
 money to be used I'oi- the next ensning fiscal year, for any of 
 the j)nrposes embraced in said Ordinance of Kstiniates. Xo
 
 74 
 
 appropriation provided for in said ordinance shall be diverted 
 or used nnder any circumstances for any purpose than that 
 named in said ordinance, nor shall the Comptroller draw any 
 warrant for any of the items in said Ordinance of Estimates 
 unless he has received said amounts and they are actually to the 
 credit of the City Council and such department, sub-depart- 
 ment, officers, commissioners or boards. ISTo temporary loan 
 shall be authorized or made to pay any deficiency arising from 
 a failure to realize sufficient income from revenue and taxation 
 to meet the amounts provided in said Ordinance of Estimates 
 but the City Council may temporarily borrow money for its 
 use in anticipation of the receipts of taxes levied for any year. 
 In case of any such deficiency there shall be a pro rata abate- 
 ment of all appropriations, except those for the payment of 
 State taxes and the principal and interest of the city debt, 
 and such amounts as are fixed by law and contained in said 
 ordinance ; and in case of any surplus arising in any fiscal year 
 by reason of an excess of income received from the estimated 
 revenue over the expenditures for such year, the said surplus 
 shall become a part of the annual revenue of the city, and shall 
 be available for the general expenditures of the city for the 
 next ensuing fiscal year. Until the organization of the said 
 Board of Estimates by the Mayor first elected under the pro- 
 visions of this Article, as provided in section 25 of said Article, 
 the Mayor, Comptroller, City Register and City Solicitor shall 
 compose a Board to perform all the duties required of the Board 
 of Estimates by the provisions of this Article. 
 
 Baltimore City v. Gorter, 93 Md. 1. Skinner Dry Dock Co. v. Balti- 
 more. 96 Md. 37. Callaway v. Baltimore City, 99 Md. 315. Brauer v. 
 Refrigerating Co., 99 Md. 369. 
 
 Party obtaining judgment against tlie city cannot have mandamus to 
 levy a special tax. Must wait until provision is made in the next Ordi- 
 nance of Estimates. 
 
 Kinlein v. Baltimore, 118 Md. 576. 
 
 The park fund under existing laws is to be applied to park purposes 
 only, and to be expended and distributed for such purposes by the Board 
 of Park Commissioners ; and the fact that they had svibmitted estimates 
 to the Board of Estimates, and spent no moneys not so approved by the 
 Board of Estimates does not estop the Park Commissioners from claim- 
 ing the right to an injunction to restrain the diversion of the park fund 
 to other purposes. 
 
 Baltimore v. Williams, 124 Md. 502. 
 
 The legislature has the right by law to impose upon the city a portion 
 of the expense of supporting the Public Service Commission. The Act 
 involved in this case provided for a salary of $3,000.00 to be paid by the 
 State and an additional $3,000.00 to be paid by the City of Baltimore. 
 
 Thrift v. Laird, 125 Md. 55. 
 
 Right of the Board of Estimates to reduce the amount of the estimate
 
 75 
 
 of the Board of Police Commissioners. Mandamus lield to be imneces- 
 sary in tliis case to compel the city to assess and levy the amount re- 
 quired by the Police Department, as the Police Board has the authority 
 to make requests from time to time upon the City Comptroller for their 
 needs. (Construed in connection with Section 747). 
 McEvoy V. Baltimore, 125 Md. — . 
 
 1906, ch. 459. 1914, ch. 80. 
 
 36A. The Board of Estimates shall have power to increase 
 or decrease the salaries of all miniicipal officials, and other per- 
 sons whose salaries are named in this Article or Acts relatino- 
 to the City of Baltimore, except the salaries of the members 
 of the Board of Estimates, provided the amount of such increase 
 or decrease shall be inserted as an item or items in the Ordi- 
 nance of Estimates for any year and be subject to the same con- 
 trol by the City Council as it now has under this Article of 
 the general items inserted in said ordinance. Provided, how- 
 ever, that when the salary of any municipal official or other 
 person, whose salary is so named, shall be so increased or de- 
 creased it shall not again be so increased or decreased during 
 the term of office of said municipal officer or other person. The 
 increase in the salary of the Chairman of the Paving Commis- 
 sion, provided in the Ordinance of Estimates for 1914, is 
 hereby ratified and given the same effect as if it had been made 
 after the passage of this Act. 
 
 Does not apply to members of Police Force. 
 
 McEvoy V. Baltimore, 125 Md. — . Thrift v. Ammidon, 125 Md. — . 
 
 1912, ch. 429. 
 
 36B. The Board of Estimates shall have power to appoiut, 
 upon nomination of the Mayor, a consulting engineer, who 
 shall be paid a salary to be fixed by said Board, not exceeding 
 $4,000 per year. The duty of the consulting engineer shall 
 be to advise and assist in the work of the various engineering 
 departments of the city when called upon so to do. He shall 
 decide all questions, controversies and conflicts between the 
 engineers of the various departments, all engineering (]iu'stions 
 which come before the Board of Estimates may be referred to 
 him for consideration and advice, and he shall exercise stu*h 
 othr-r duties as he may be called upon to exercise by the Mnyor 
 or the Board of Estimates. The consulting engineer shall not 
 be regarded as a mnniei|)al f)ffieial within the meaning ot 
 section 20. 
 
 1914. di. .''.:'.9. 
 3611. All piirehases of [ti-opei-ty, and olliec coiif raets in-
 
 76 
 
 volving an expenditure of more than five hundred dollars, ex- 
 cept those awarded by the Board of Awards under section 15 
 of the Charter, made by any department, sub-department, 
 municipal officer, special commission or board, in addition to 
 compliance with the other provisions of the Charter, shall be 
 submitted to the Board of Estimates for its approval and shall 
 be binding upon the city only when so approved. 
 
 The Board of Police Commissioners are not subject to the provisions 
 of Section 14 and Section 36B of the City Charter. 
 
 Thrift V. Ammidon, 125 Md. — . McEvoy v. Baltimore, 125 Md. — . 
 
 GRANTS OF FRA:NCHISES. 
 
 p. L. L., (1898) Art. 4, see. 37. 1900, ch. 109. 1906, oh. 357. 
 
 37. Before any grant shall be made by the Mayor and City 
 Council of Baltimore, of the franchise or right to use any street, 
 avenue, alley or highway, or the grant of the franchise or right 
 for the use of any public property mentioned in Section 7 of 
 this Article, the proposed specific grant, with the exceptions 
 hereafter in this Section made, shall be embodied in the form 
 of an ordinance, with all the terms and conditions required by 
 the provisions of this Article, and snch others as may be 
 right and proper, including a provision as to the rates, fares 
 and charges, if the grant provides for the charging of 
 rates, fares and charges, and a provision that the franchise or 
 right shall be executed and enjoyed six months after the grant. 
 The said ordinance shall, after having been introduced in either 
 Branch of the City Council, and after the first reading, be 
 referred forthwith by the Branch in which the same is ofl^ered 
 to the Board of Estimates. The said Board shall make diligent 
 inquiry as to the money value of said franchise or right pro- 
 posed to be granted, and the adequacy of the proposed compen- 
 sation to be paid therefor to the city as offered in the ordinance 
 already introduced, and the propriety of the terms and condi- 
 tions of said ordinance, and said Board is empowered to increase 
 the compensation to be paid therefor to the city, and alter the 
 terms and conditions of said ordinance, provided such altera- 
 tions are not inconsistent with the requirements and provisions 
 of this Article, and it shall be the duty of said Board to fix in 
 said ordinance the said compensation at the largest amount it 
 may be able by advertisement or otherwise to obtain for said 
 franchise or riffht, and no e;rant thereof bv the Citv Council 
 shall be made except for the compensation and on the terms 
 approved by a vote or resolution of the said Board, entered on 
 the minutes or records of such Board and attached to said ordi-
 
 77 
 
 nauce, with the signatures of a majority of said Board signed 
 to the same. The provisions of this section shall apply to the 
 renewal or extension of any franchise or right relating to the 
 use of any of the public property mentioned in section 7 of 
 this Article now existing, or which may hereafter be gi-anted 
 to any person or body corporate. Provided, that the right to use 
 the streets, avenues, alleys or public property, by any person or 
 body corporate for steps, porticoes, bay windows, bow windows, 
 show windows, signs, columns, piers or other projections or 
 structural ornaments of any character except so far as the same 
 may be prohibited by law, and covered vaults, covered areaways, 
 drains, drain-pipes, or any other private purpose not prohibited 
 by laws and not being a franchise or right requiring a formal 
 grant by ordinance under the terms of this section, may be 
 granted by the Board of Estimates for such an amount of money 
 and upon such terms as the said Board may consider right and 
 proper. Before said Board shall grant any such right the per- 
 son or body corporate seeking the same shall file before said 
 Board in writing an application for such use and in said appli- 
 cation the use desired shall be stated and what the applicant is 
 willing to pay for the same must be given and such person or 
 body corporate shall only enjoy such use on the payment of the 
 amount of money named by said Board and on the terms and 
 conditions said Board shall prescribe in writing, and no ordi- 
 nance or advertisement shall be necessary or made in such cases 
 as are named in the proviso of this section. Provided, however, 
 that copies of said application be served upon the adjoining 
 property owners by said applicant before filing application be- 
 fore said Board. 
 
 Baltimore City v. Gorter, 93 Md. 12. Purnell v. McLane, 98 Md. 591- 
 595. Brauer v. Refrigerating Co., 99 Md. 3G7. 
 
 See, section 8, as re-enacted by Act 1906, ch. 152, ante, P. 54. 
 
 In connection with the provisions of Section 37, of the Charter, see, 
 Simon's Sons v. Maryland Tel. & Telegraph Co., 99 Md. 17.3. Md. Tel. 
 Co. V. Simon's Sons, 103 Md. 136. Preston v. Likes, Berwanger & Co.. 
 103 Md. 191. 
 
 Franchises in city streets may he granted hy the Legislature. 
 Dulaney v. United Railways Company. 104 Md. 440-441. 
 
 Street lighting — liability of contractor, supplying city — injury by 
 escape of gas. 
 
 Consolidated Gas Co. v. Connor, 114 Md. 140. 
 
 Grant of minor privilege without notice to adjoining property void. 
 Fralingor v. Cooke, 108 Md. 6S:?. 
 
 Referred to in The Patapsco Electric Co. v. M. & C. C, 110 Md. 310. 
 
 A municipality may be estopped by the acts of its officers, &c., from 
 a.ssertlng the invalidity of a grant of franchise. 
 
 Hagcrstown v. Ilagerstown Rvvy., 123 Md. 1S3.
 
 78 
 
 A municipal corporation may set up a plea of ultra vires to enter into 
 a given contract, or do a given act, even though the other party to the 
 contract has expended money on the faith of said- contract. 
 Hagerstown v. Hagerstown Rwy., 123 Md. 183. 
 
 190S, ch. 151. 
 37A. Anything in the preceding sections of this Article, 
 to the contrary notwithstanding, where ordinances now stand 
 referred, or shall hereafter stand referred, to the Board of Esti- 
 mates of the Mayor and City Council of Baltimore, in the man- 
 ner provided for in the preceding section of this Article, grant- 
 ing franchises or rights in the water front, wharf property, 
 land under the water, public landings, wharves or docks, of 
 the Mayor and City Council of Baltimore, or in any portion or 
 portions thereof, the said Board shall be empowered to fix the 
 compensation for the franchise or right in their discretion at 
 such sum as they shall deem reasonable and adequate, and in 
 addition to the power of fixing said compensation as aforesaid, 
 and of prescribing the terms and conditions of the grant in 
 the manner provided for in the preceding section of this arti- 
 cle, shall be empowered, where there are two or more appli- 
 cants for the franchise or right who are prepared to pay said 
 compensation, fixed as aforesaid, to grant said franchise or 
 right to either one of said applicants, to the exclusion of the 
 other, or of the rest of said applicants, as it may deem best for 
 the interests of the City of Baltimore; and it is also the pur- 
 pose of this Act that where there are one or more of such ap- 
 plications for the franchise or right in space, included in, but 
 less in dimensions than the space embraced in another or other 
 of such applications, the said board shall, in addition to the 
 power of fixing said compensation as aforesaid, and of pre- 
 scribing the terms and conditions of the grant as aforesaid, 
 be also empowered to determine, in its discretion, whether the 
 grant shall be made to the applicant, or to one of the appli- 
 cants, applying at said compensation fixed as aforesaid for the 
 franchise or right in the greater space, or to the applicant 
 or one of the applicants, applying at said compensation, fixed 
 as aforesaid, for the franchise or right in the lesser space ac- 
 cordingly, as the said Board may deem best for the interests of 
 the people of Baltimore. 'No grant of the franchise or right in 
 any of the public property mentioned in this section of this 
 Article, or in any portion or portions thereof, shall be made 
 by the City Council, except for the compensation, and upon 
 the terms and conditions, and to the grantee or grantees ap- 
 proved by a vote or resolution of the said Board, entered on the
 
 79 
 
 minutes or records of the said Board, and attached to the ordi- 
 nance granting the franchise or right to the gi'antee or grantees, 
 approved by the said Board, with the signatures of a majority 
 of the said Board signed to the same. 
 
 38. There shall be included annually in the ordinance of 
 estimates the sum of fifty thousand dollars to be used as a 
 contingent fund by the Board of Estimates, in case of an 
 emergency or necessity for the expenditure of money above the 
 appropriations regularly passed for any department, sub-de- 
 partment, municipal ofiicer not embraced in a department, or 
 special commission or board, in the interval between the annual 
 appropriations as herein provided for. As soon as practicable 
 after the expenditure of any part of said contingent fund, the 
 said Board shall report to the City Council all the circumstances 
 attending said expenditure, and the necessity for the same, and 
 the reasons assigned by the department, sub-department, munic- 
 ipal officer not embraced in a department, or special commis- 
 sion or board, applying for and receiving the same. The City 
 Council shall not have the power to increase or decrease, or 
 strike out, said amount from the said ordinance of estimates. 
 
 Baltimore City v. Gorter, 93 Md. 12. 
 
 39. The ]\Iayor and City Council of Baltimore shall appro- 
 priate no money out of the Treasury of the City for the pay- 
 ment of any private claim against the city, unless such claim 
 shall have first been presented to the Board of Estimates, 
 together with the proofs upon which the same is founded, and 
 reported favorably by said Board. 
 
 BaUimore City v. Gorter, 93 Md. 12. 
 
 TAX BATE AJ^D ANNUAL LEVY. 
 
 1914, ch. .532. 
 
 40. The Board of Estimates shall, on the first day of Octo- 
 ber, or as soon thereafter as practicable, in the year eighteen 
 hundred and ninety-eight, and in each succeeding year, pro- 
 cure from the proper municipal department and shall send, 
 with the said ordinance of estimates, to both Branches of the 
 City Council, a report showing the taxable basis for the next 
 ensuing fi-scal year, and the amount which can reasonably be 
 expected to be realized by taxation for said year. The report 
 shall fontain an aggregate statement of all the moneys to be 
 expended during the next ensuing fiscal year by the city, as
 
 80 
 
 set forth in said ordinance of estimates, as well as of any 
 other sums, if such there he, which the city may be required 
 to expend during the said year for any purpose or purposes 
 not included in the ordinance of estimates, and it shall also 
 state the total income which can reasonably be expected to be 
 received by the city for the next ensuing fiscal year from 
 licenses, fees, rents and all other charges, including the amount 
 believed to be collectible from taxes in arrears. The report 
 shall show the difference between such anticipated expendi- 
 tures and receipts of the city, and shall state a rate for the levy 
 of taxes sufiicient to realize the amount required to meet the 
 said difference. In the ordinance making the annual levy of 
 taxes, which ordinance shall be passed by the Mayor and City 
 Council of Baltimore in the month of ISTovember in each year, 
 and as soon as practicable after the passage of the ordinance 
 of estimates, the Mayor and City Council of Baltimore shall 
 fix a rate of taxation not less than the rate stated in the afore- 
 said report, so that it shall not be necessary at any time for 
 the city, its officers or agents, to create a floating debt to meet 
 any deficiency, and it shall not be lawful for the city, its officers 
 or agents, to create a floating debt for any such purpose. The 
 taxes levied under said ordinance in the month of ISTovember 
 in each year shall be the taxes to be collected for the fiscal 
 year next ensuing after the said month of l^ovember, and 
 shall be due and may be paid to the Citv Collector on or after 
 the first day of January next ensuing. The taxes included in 
 said levy on real estate or chattels real, and on all forms of 
 personal property, including shares of stock and other property, 
 valued or subject to valuation by the State Tax Commissioner, 
 shall be in arrears on the first day of July next ensuing the 
 date of their levy, and the taxes on all forms of property after 
 they become in arrears as aforesaid shall bear interest at the 
 rate of six per centum per annum. 
 
 Baltimore City v. Gorter, 93 Md. 1. Skinner, etc. Dry Dock Co. v. Bal- 
 timore City, 96 Md. 37. Baltimore City v. Poole, 97 Md. 71. Baltimore 
 City V. Chester River S. S. Co., 103 Md. 400. 
 
 Taxes on stock liens from the time of their levy. 
 
 Union Trust Company y. Belvedere, 105 Md. 508. 
 
 COMMISSIOI^ERS OF FI^AiN'CE. 
 
 1908, ch. 515. 
 
 41. The Commissioners of Finance shall be the head of the 
 fourth sub-department of finance, and shall be a board composed 
 of the Mayor, Comptroller, Register and two persons appointed
 
 81 
 
 by tlie ]\Iayor in the mode prescribed in section 25 of this Arti- 
 cle, and who shall hold their offices as therein provided. Both 
 of said two last named persons shall serve without pay. The 
 Mayor and Register shall sign all obligations of the city and 
 all city stock. One of the persons appointed by the Mayor as 
 aforesaid and so designated, shall be president of said Board. 
 The Deputy Register shall act as clerk to said Board and keep 
 the accounts and a record of proceedings of said Board, and for 
 such service, in addition to the salary of said Deputy Register, 
 herein provided, he shall be paid a salary of five hundred dol- 
 lars per annum, payable monthly. This Board, from the insti- 
 tutions chartered by the United States or the State of Mary- 
 land, having authority under their charters to receive and hold 
 money on deposit, shall select, from time to time, such deposi- 
 tory or depositories for the funds of the city as to it may seem 
 proper. It shall authorize all temporary loans to be made not 
 inconsistent with this Article. It shall have charge, control 
 and custody of all sinking funds of the Mayor and City Coun- 
 cil of Baltimore, and shall perform such other duties as shall 
 be prescribed by ordinances not inconsistent with this Article. 
 
 CITY COLLECTOR. 
 
 42. The City Collector shall be the head of the fifth sub- 
 department of Finance, and shall be appointed by the IMayor 
 in the mode prescribed in section 25 of this Article, and hold 
 his office as therein provided. He shall be paid for his services 
 in collecting city taxes the salary of two thousand dollars per 
 annum, payable monthly. He shall be the collector of all taxes 
 and assessments on real property levied or made by the city. 
 He shall in October in the year eighteen hundred and ninety- 
 eight and in each year thereafter, immediately upon the receipt 
 of the statement form the Appeal Tax Court, showing the 
 taxable basis for the next ensuing fiscal year, as provided for in 
 section 171 of this Article, begin the preparation of the tax bills 
 on said basis, and after the levy of taxes has been made he 
 shall complete said bills and have them ready for payment by 
 the taxpayers on the first day of January next ensuing said levy, 
 or as soon' thereafter as practicable. He shall liave such assist- 
 ants, clerks and bailiffs as may be fixed by ordinaiu-es, and who 
 shall perfoiin such duties as shall be prescri1)cd by ordinances 
 not inconsistent witli tliis Article. 
 
 For (U'C'isioiis of iiilcrcst in projtorly coiistniiriK the provisions of soc- 
 tlon 42, see 
 
 SforliiiK V. ATflMjisfcr. X2 Md. KM. T<'xfor v. Sliiplcy, W: Md. I'-'l. 
 Skiinicr, etc.. Drv lUx-k Co. v. P.iilliniorc City, DC Md. .'{S.
 
 82 
 
 1844, ch. 236, sec. 4. P. G. L., (1860) Art. 81, sec. 49. 1872, ch. 384. 1874, 
 
 ch. 383, sec. 48. P. G. L., (1888) Art. 81, sec. 49. 1888, ch. 
 
 515. 1900, ch. 229. 1914, ch. 532. 
 
 43. Whenever it shall become necessary to sell any part or 
 parcel of ground in the City of Baltimore, improved or unim- 
 proved, for the payment of any taxes or assessment, of any 
 nature or kind whatever, levied or charged, the City Collector 
 shall first give notice by advertisement published once a week 
 for four successive weeks in two of the daily newspapers pub- 
 lished in said city, one of which shall be in the German lan- 
 guage, and in every issue of the Municipal Journal during said 
 four weeks, that he will sell said property at public auction on 
 the day in said advertisement mentioned. Said notice shall 
 state the name of the person, when known, to whom such a 
 parcel of ground is assessed, the amount of taxes due on the 
 same, and what improvements, if any, are on said parcel of 
 ground, and to properly describe said property the City Col- 
 lector shall procure a description from the Land Records and 
 no survey shall be made unless a proper description cannot be 
 obtained from the Land Records, and no charge for survey shall 
 be made unless a survey is actually made. If a proper descrip- 
 tion cannot be obtained from the Land Records, the City Sur- 
 veyor shall, upon direction of the City Collector, make a proper 
 survey and furnish a description and plat to the City Collector, 
 and the sum of three dollars for the cost of such survey shall 
 be added to the tax bill and collected in the same manner as 
 the bill itself, and paid over to the City Register for the use 
 of the city. The City Collector shall, before advertising said 
 property for sale, give to the person or persons so in arrears, 
 or to one of them, if more than one, or leave at his or her or 
 their residence, or last known residence of one of them, and * 
 if no such residence be knovm, there shall be left upon the 
 premises so to be sold for taxes, a statement of his or her or 
 their indebtedness, and not less than thirty days' notice of his 
 (said Collector's) intention, if the bill is not paid, to enforce 
 the pa_\Taent thereof by distraint or execution. Provided, how- 
 ever, that this paragraph shall not apply to or affect the present 
 City Surveyor. 
 
 Mayor, &c. v. Howard, 6 H. & J. 383. Alexander v. Walter, 8 Gill, 239. 
 Polk V. Rose. 25 Md. 153. Co. Commr's. of Pr. Geo. Co. v. Clarke, .36 
 Md. 207. Tax Sale of Lot 172, 42 Md. 196. County Commr's. v. Union 
 Mining Co., 61 Md. 548. Cooper v. Holmes, 71 Md. 20. County Commr's. 
 of Balto. Co. V. Winand. 77 Md. 522. Duvall v. Perkins, 77 Md. 582. 
 Textor v. Shipley, 86 Md. 424. Benzinger v. Gies, 87 Md. 704. 
 
 As to collection of taxes and tax sales generally, see. Mayor v. Chase, 
 2 G. & J. 376. Polk V. Pendleton, 31 Md. 125. Dyer v. Boswell, 39 Md.
 
 83 
 
 465. Guisebert v. Etchison, 51 Md. 478. Steuart v. Meyer, 54 Md. 466. 
 Margaff v. Cunningham, 57 Md. 585. Gould v. Mayor, 58 Md. 46. Hebb 
 V. Moore, 66 Md. 167. Perkins v. Dyer, 71 Md. 421. Georgetown Col- 
 lege V. Perkins, 74 Md. 72. Degner v. M. & C. C. of Balto., 74 Md. 144. 
 Bader v. Perkins, 77 Md. 468. Baltimore v. Ulman, 79 Md. 486. Shaw 
 V. Devecmon, 81 Md. 217, Richardson v. Simpson, 82 Md. 157. Baum- 
 gardner v. Fowler, 82 Md. 637. Young v. Ward, 88 Md. 413. 
 Land cannot be sold for taxes, unless taxes due and in arrear. 
 Mullan V. Brydon, 117 Md. 559. 
 
 P. L. L., (1860) Art. 4, sec. 875. P. L. L., (1888) Art. 4, sec. 833. 
 
 44, The City Collector shall require the purchaser of such 
 property on the day of sale, or the day next succeeding, to 
 pay on account of said purchase the amount assessed or taxed 
 on the lot so sold, together with all costs and charges, and no 
 more, and the residue of the purchase money shall remain on a 
 credit of one year and a day, 
 
 P, L, L., (1860) Art. 4, sec. 876. P. L. L., (1888) Art. 4, sec. 834. 
 
 45. If the property so sold shall not be redeemed at the ex- 
 piration of a year and a day from the day of sale, the City Col- 
 lector shall, when required, and on payment of the full amount 
 of the purchase money, execute a deed for the same to the pur- 
 chaser, and the balance of the purchase money so received by 
 him shall be paid to the City Register. 
 
 Polk V. Rose, 25 Md. 153. Hamilton v. Valiant, 30 Md. 139. Tax 
 Sale of Lot 172, 42 Md. 196. Taylor v. Forrest, 96 Md. 529. 
 
 1904, eh. 281. 
 45a. Whenever property in the City of Baltimore has been 
 sold for taxes pursuant to law, by one City Collector, and such 
 sale has been reported and the deed executed by the successor 
 in office of the City Collector who made the sale as aforesaid, 
 such report and such conveyance shall be as valid to all intents 
 and purposes as they would have been if made by the City 
 Collector who made the sale. 
 
 1904, ch. 281. 
 
 45b. Whenever property in the City of Baltimore has been 
 sold for taxes, pursuant to law, by one City Collector, and such 
 sale has been reported by the City Collector who made the 
 same, but the deed for such property has been oxc^cutod and 
 delivered by the successor in office of the City Collector who 
 made such sale and report as aforesaid, such coTivcyance shall 
 be as valid to all intents and purposes as it would have been if 
 made by the City Collector who made and reported the sale. 
 
 /?ee, Duvall v. Perkins. 77 Md. 588. Taylor v. Forrest, 96 Md. 5.'{3. 
 McM.'ilion V. Crean, IW) Md. n.'">2.
 
 84 
 
 P. L. L., (1860) Art. 4, sec. 877. P. L. L., (1888) Art. 4, sec. 835. 
 
 46. If it shall appear that the owner of the said lot or parcel 
 of gi'ound prior to the execution of the deed for the same by the 
 City Collector, cannot, after reasonable effort, be found, or if 
 said owner shall refuse to receive said balance of money, then 
 in either case the City Register shall invest the same for the 
 benefit of such owner in any public debt of the State of Mary- 
 land or Mayor and City Council of Baltimore, and shall safely 
 keep the same, and from time to time collect the interest due 
 thereon, and invest for the benefit of such owner the interest 
 from time to time in the said stock. 
 
 P. L. L., (1860) Art. 4, sec. 878. P. L. L., (1888) Art. 4, sec. 836. 
 
 47. When any lot or parcel of ground in the said City shall 
 be sold by reason of non-payment of the tax or assessment due 
 thereon, the owner or other persons having an estate or interest 
 therein shall have power to redeem the same at any time within 
 one year and a day from the day of sale, on paying or tendering 
 in payment to the City Collector the whole amount of money 
 received by such City Collector from the sale of the lot or parcel 
 of ground to be redeemed, and a further sum of one-half per 
 cent, per month interest from the time of sale to the time of 
 such tender ; and the sums so paid shall be by the City Collector 
 delivered or tendered to the purchaser, whose right in the 
 property so purchased shall thenceforth cease and determine. 
 
 1900, ch. 663. 
 
 47a. In all cases where lands held by lease have been sold 
 for the non-payment of taxes or assessments due thereon, the 
 owner of the reversionary interest therein shall have the right 
 at any time within one year and a day from the day of such 
 sale, on paying or tendering in payment to the collector the 
 whole amount of the money received by such collector from the 
 sale of the lot or parcel of ground, together with the further 
 sum of one-half per cent, per month interest from the time of 
 sale to the time of such tender, to be substituted in the place of 
 said purchaser of said lot or parcel of ground so sold, and the 
 sum so paid shall be by the collector delivered or tendered to 
 the purchaser whose rights in the property shall thenceforth 
 cease and determine. 
 
 This section was intended to supplement section 836 of P. L. L., (1888) 
 Art. 4, now codified as section 47 of the New Charter.
 
 85 
 
 P. G. L., (1S60) Art. 81, sees. 61, 63. 1867, ch. 186. 1S70, ch. 312. 
 
 1872, ch. 384. 1874, ch. 483, sec. 51. P. G. L., (1888) Art. 81. sec. 52. 
 
 P. L. L., (1888) Art. 4, sec. 837. 1888, ch. 515. 1902, ch. 490. 
 
 48. In all cases where lands held in fee simple or by lease 
 have been sold, or shall be sold for pa^nnent of taxes in arrears, 
 according to the provisions of existing laws, it shall be the duty 
 of the City Collector to report the said sale, together with all the 
 proceedings had in relation thereto to the Circuit Court of said 
 city. The Court to which such report shall be made shall 
 examine the said proceedings, and if the same appear to be reg- 
 ular, and the provisions of law in relation thereto have been 
 complied with, shall order notice to be given by advertisement 
 published in such newspapers as the Court shall direct, warning 
 all persons interested in the property sold to be and appear by 
 a certain dav in the said notice to be named, to show cause, if 
 any they have, why said sale should not be ratified and con- 
 firmed ; and if no cause or an insufficient cause be shown against 
 the said ratification, the said sale shall, by order of said court, 
 be ratified and confirmed, and the purchaser shall, on payment 
 of the purchase money, have a good title to the property sold ; 
 but if good cause, in the judgment of said court, be shown in 
 the premises, the said sale shall be set aside ; in which case the 
 said City Collector shall proceed to a new sale of the property 
 and bring the proceeds into court, out of which the purchaser 
 shall be repaid the purchase money paid by him to the City 
 Collector on said rejected sale, and all taxes assessed on said 
 real estate and paid by said purchaser since said sale, and all 
 costs and expenses properly incurred in said court, with interest 
 on all such sums from the time of pa"yTnent ; and if the pur- 
 chaser has not paid the purchase money or the subsequent taxes, 
 to apply said proceeds to the payment of the taxes for wliich 
 said real property may have been sold, and all subsequent taxes 
 thereon then in arrears, with interest on the same, according 
 to law, and the costs of the proceedings ; but such sales shall not 
 be set aside if the provisions of the law shall appear to have been 
 substantially complied with ; and the l)urdon of proof shall 
 be on the exceptant to show the same to be invalid nndor the 
 law. 
 
 Co. rVminir's. Pr. Geo. Go. v. Glark, ?,C, Mtl. 200. E.r parte in the 
 matter of the Tax Sale of Lot 172, -12 yU\. 190. Meyer v. Stciuirt. 48 
 Md. 423. Guisehert v. Etchlson. 51 Md. 488. Steuart v. Meyer. .'")l yh\. 
 4.~1. f'ooper v. ITolines. 71 Ma. 20. Textor v. Sliii)l('y. 77 Mil. 170. 
 Shaw V. Devecnioii, SI Md. 217. lUehanlson v. Siiiiiisoii. S'J Md. 1."). 
 Iiaum«ardner v. Fowler, 82 Md. O-'H. Keys v. Forrest. !K» M.I. 136. 
 Taylor v. Forrest. 96 Md. 531. Cf., Mar^'afT v. Giiiiidiii,diam's Heirs, 
 .57 Md. 58.5. Vouiik v. Ward. 88 Md. 119. ILMI. OppciiiM-iiiicr v. L<'vi, 
 96 Md. .304. Hewitt v. Parsley. 101 Md. 207.
 
 86 
 
 1880, ch. 230. P. L. L., (1888) Art. 4, sec. 838, 
 
 49. Whenever the City Collector shall have distrained or 
 levied upon any goods or chattels in said city for non-payment 
 of any taxes, State or mnnicipal, due by the owner thereof, 
 before making sale of property so distrained or levied upon, 
 said City Collector shall give notice by advertisement published 
 twice a week for one week prior to the day of sale, and also 
 on the day of sale, in three of the daily newspapers published 
 in said city, one of which shall be in the German language, that 
 he will sell for cash, at public auction, to the highest bidder, on 
 the day and at the time and place mentioned in said advertise- 
 ment, the propei'ty therein specified, unless on or before the day 
 of sale the entire amount of taxes for which such distraint or 
 levv shall have been made, with the interest thereon, and costs 
 of making said levy and advertisement, shall be paid. 
 
 1880, ch. 230. P. L. L., (1888) Art. 4. sec. 839. 
 
 50. Every City Collector who shall sell any goods or chat- 
 tels levied or distrained upon for taxes. State or municipal, in 
 Baltimore City, after due advertisement, as required in the 
 preceding section, shall retain out of the proceeds of sale the 
 amount of taxes due from the delinquent, for which such levy 
 or distraint shall have been made, with the interest thereon, 
 and all costs incurred in making said sale, and shall pay over 
 the surplus, if any, to the owner of the property so levied upon 
 and sold. 
 
 1890, ch. 205. P. L. L.. (1888) Art. 4, sec. 841 A. 1900, ch. 229. 
 
 1914, ch. 532. 
 
 51. The City Collector shall at least two weeks before the 
 taxes become in arrear give notice, by advertisement in two 
 daily papers published in Baltimore City and in the Municipal 
 Journal, of the day on which all taxes for the current fiscal 
 year become in arrear; and shall, on the application, in person 
 or by agent or by mail, of any person to whom property is 
 assessed, deliver or send by mail a bill showing the amount 
 of taxes due by such person. Two weeks before the day on 
 which such taxes shall by law be in arrear, he shall give notice 
 by advertisement in the same way that all taxes not paid on or 
 before that date will be in arrears, and that the property on 
 which said taxes are levied will then be subject to be sold for 
 taxes. And said notice shall further state that unless the taxes 
 are paid before they become so in arrear, an amount equal to 
 one per centum per annum of the gross amount thereof, ac-
 
 87 
 
 counting from the date when said taxes become in arrear shall 
 be added to each bill for taxes in arrear; and if the same be 
 not paid before they so become in arrear an amount eqnal to 
 one per centum per annum of the gross amount of each bill, 
 accounting from the time said taxes became in arrear to the time 
 of the pa^^nent thereof, shall be added thereto as a penalty, and 
 collected in the same manner as the bill itself, said penalty to be 
 paid to the City Collector and by him to the City Register to the 
 credit of the Mayor and City Council. In the case of escaped 
 or omitted property the penalty herein provided, and also in- 
 terest, shall be added to the tax bills for the current and back 
 years in the same manner as if such propert_y had not escaped 
 or been omitted. 
 
 Benzinger v. Gies, 87 Md. 704. 
 
 1904. ch. 386. 
 
 51 A. In all cases where the City Collector shall commence 
 and carry on proceedings for the enforcement and collection of 
 taxes under the provisions of this Article, whether by notice, 
 distraint, levy, advertisement, sale, report of sale or otherwise, 
 and the term of office of such City Collector shall expire or shall 
 cease bv death, resieiiation, removal or otherwise, before such 
 proceedings are completed, and, in case of sale, before the said 
 sale has been fully ratified and confirmed and a deed to the 
 purchaser executed and delivered as provided in this Article, the 
 successor in office of such Citv Collector whose term of office 
 shall thus cease or expire is hereby authorized, empowered 
 and required to continue and complete all said proceedings com- 
 menced and carried on as aforesaid, during the term of office of 
 his said predecessor, in the same manner and with like effect 
 as his said predecessor would have been authorized and em- 
 powered to do had his term of office not ceased and expired as 
 aforesaid ; and the successor in office of such City Collector 
 whose term of office shall thus cease or expire, shall have full 
 power and authority to report any and all sales made by liis said 
 predecessor in office, to execute and deliver any and all deeds to 
 property sold or reported by his said predecessor, and generally 
 to do any and all acts and things necessary or proper to be done 
 in order to continue and finally complete the enforcement and 
 collection of taxes, and the sale and conveyance of property 
 therefor comnienoefl and carried on by his said predecessor in 
 office. 
 
 Duvall V. Perkins, 77 !\I<1. .WS. Taylor v. Forrest. !)(> .Md. 520. 
 
 Interest and penalties may be collected from property In the hands of
 
 88 
 
 a Receiver, but the right to them may he lost by delay in applying to 
 the Court. 
 
 Blakistoiie v. State. 117 Md. 238. 
 Taxes pui<l under a mistake of law cannot he recovered. City Col- 
 lector cannot refund taxes paid under a law. after it was declared 
 invalid. 
 
 Baltimore v. Harvey, 118 Md. 276. Amos v. Al)romaitis, 122 Md. 257. 
 This act invalidates tax sale deed given before act was passed. 
 McMahon v. Crean, 109 Md. 669. 
 
 COLLECTOE OF STATE TAXES. 
 
 1874. ch. 483. P. L. L.. (1888) Art. 4. sec. 851. P. G. I... (1904) Art. 
 
 81, sec. 31. 
 
 52. The Mayor shall appoint iu the mode prescribed in sec- 
 tion 2.5 of this Article, and he shall hold his office as therein 
 provided, one Collector for Baltimore City, for the collection 
 of all State taxes levied or to be levied for any year; and it 
 shall not be lawful for the municipal authorities of said city to 
 provide any fixed annual or other stated compensation for 
 collection of the State taxes, or a salary of any kind, to the 
 said Collector for his services in collecting- the State taxes, 
 otherwise than by a per centum on the amount of his collections, 
 as prescribed by this Article. 
 
 Crane v. State. 1 Md. 27. Humphrey v. State. 17 Md. 57. McCauley v. 
 State. 21 Md. 573. Allen v. State, 98 Md. 697. Cf., Seidenstricker v. 
 State, 2 Gill 374. 
 
 1888, Art. 81, sec. 33. 1860, Art. 81, sec. 35. 1865. ch. 155. 1868. ch. 366. 
 1874, ch. 483, sec. 32. P. L. L., (1888) Art. 4. sec. 852. 
 
 53. The Collector of State taxes in the City of Baltimore, 
 before he acts as such, shall 2;ive a bond to the State of Marv- 
 land in the penalty of seventy-five thousand dollars, to be ap- 
 proved by the Governor, w^ith the condition that "if the above 
 
 bound shall well and faithfully execute his office, and 
 
 shall account to the State Comptroller for, and pay to the 
 Treasurer of the State, the several sums of money which he shall 
 receive for the State, or be answerable for by law, at such 
 times as the law shall direct, then such obligation to be void, 
 otherwise to remain in full force and virtue in law." The 
 said Collector's bond, when approved by the proper authorities 
 in the City of Baltimore, shall be recorded in the office of the 
 Clerk of the* Superior Court of Baltimore City, and when 
 approved by the Governor shall be filed in the office of the State 
 Comptroller. 
 
 Baden v. State, 1 Gill 165. State v. Carleton, 1 Gill 249. Waters v.
 
 89 
 
 state, 1 Gill 302. Lawrenson v. State, 7 H. «& J. 339. Milburn v. State, 
 1 Md. 14. Billingslea v. State, 14 Md. 369. McCauley v. State, 21 Md. 
 573. State v. Horner, 34 Md. 569. Frownfelter v. State, 66 Md. 80. 
 
 1888, Art. 81, sec. 34. 1868, ch. 366. 1874, ch. 383, sec. 33. 1904, Art. 
 81, sec. 34. P. L. L., (1888) Art. 4, sec. 853. 
 
 54. The Collector of State Taxes in the Citv of Baltimore 
 shall make daily deposits of such sum.s of money as he shall 
 receive for State taxes collected by him, less the amount of 
 commission allowed him for the collection of the same, to the 
 credit of the Treasurer of the State of Maryland, in some 
 bank in said city which pays to the State the bonus or school 
 tax, as provided by law, to be designated by the said Treasurer, 
 and shall send to the Treasurer a statement of the amount so 
 deposited within the first ten days of each month, with a 
 certificate of the bank that the same is so deposited; and on 
 the failure to make such daily deposits and to send such certifi- 
 cate, he shall, on proof thereof to the satisfaction of the Gover- 
 nor, be liable to removal from ofiice by the Governor, and the 
 State Comptroller shall immediately enter suit upon his bond. 
 
 Allen V. State, 98 Md. 697. See Seidenstricker v. State, 2 Gill 374. 
 
 1874, ch. 483. "P. L. L., (1888) Art. 4, sec. 854. 1888, Art. 81, sec. 35. 
 1868, ch. 366. 1874, ch. 483, sec. 34. 
 
 55. The Treasurer of the State may make weekly examina- 
 tion of the books of the Collector of State Taxes in Baltimore 
 City, whose books shall always be open to such inspection. 
 
 1874, ch. 483. P. L. L., (1888) Art. 4, sec. 855. 1888, Art. 81, sec. 
 39. 1860, Art. 81. sec. 39. 1844, ch. 236, sec. 1. 1865, ch. 155. 
 1868, ch. 366. 1874, ch. 483, sec. 38. 
 
 56. If there be no Collector of State Taxes qualified and 
 compensated in conformity with the provisions of this Article 
 in said city by the fifteenth day of October in any year, the 
 Governor shall appoint from any part of the State a Collector 
 for the said city, who shall give bond, with sureties to be 
 approved by the Governor, and be in all respects on a footing 
 with other State Collectors' bonds as provided in the Public 
 General Laws, Article 81, title "Revenue and Taxes," and the 
 said Collector shall have all the power of other Collectors. 
 
 1874, ch. 483. P. L. L., (1888) Art. 4, Sec. 856. 
 
 57. The Mayor and City Council of Baltimore shall levy 
 upon the assessable property in the City of Baltimore such 
 commission as will in its judgment insure a speedy collection
 
 90 
 
 of said State taxes, not exceeding two per centum on the amount 
 to be placed in the hands of said Collector of State Taxes for 
 Baltimore City ; said commission to be levied for the use of said 
 Collector, and to be collected as other charges are collected. 
 
 Allen V. State, 98 Md. 697. 
 
 58. The City Collector shall be the Collector of State Taxes, 
 and perform the duties as herein provided, unless otherwise 
 provided by ordinance of the Mayor and City Council of Balti- 
 more. 
 
 1906, ch. 101. 
 58A. At the trial or hearing of any suit or proceedings of 
 any kind, whether at law or in equity, or before any Justice of 
 the Peace, brought for the recovery of any tax, or taxes, and 
 for any interest or penalties that may be due and owing on 
 account of the non-payment of such tax or taxes, against any 
 corporation, firm or individual, and in the case of an individual 
 whether such suit or proceedings be against him or her in a 
 representative or fiduciary capacity, or in his or her own right, 
 the certificate of the City Collector or of the Collector of State 
 Taxes in the City of Baltimore, as the case may be, as to the 
 amount of such tax or taxes due, and as to' the amount 
 of any interest or penalties or both, due for non-pa^Tiient 
 of the same shall be prima facie evidence to entitle either 
 the Mayor and City Council of Baltimore or the State of Mary- 
 land as the case may be, to a verdict and judgment, or to an 
 order or decree as the proceedings may warrant, against such 
 corporation, firm or individual, and in the case of an individual, 
 whether the individual be sued or proceeded against in a repre- 
 sentative or fiduciary capacity or in his or her own right for 
 the full amount of such tax or taxes, together with any interest 
 or penalties, or both, which said certificate shall so state to be 
 due and owing. 
 
 1912, ch. 429. 
 58B. It shall not be necessary to bring separate suits or 
 file separate claims for State and city taxes, but State and city 
 taxes may be claimed, sued for, and recovered in one claim, suit 
 or other proceeding in the name of the Mayor and City Council 
 of Baltimore. 
 
 COLLECTOE OF WATEK KENTS AND LICENSES. 
 
 1898, ch. 123. 1900, ch. 109. 
 
 59. The Collector of Water Rents and Licenses shall be
 
 91 
 
 the head of the sixth sub-department of Finance, and shall be 
 appointed by the Mayor in the mode prescribed in section 25 
 of this Article, and hold his office as therein provided. He 
 shall be paid the salary of two thousand five hundred dollars 
 ($2,500) per annum, payable monthly. He shall collect all 
 water rents and license fees, and all other dues, or revenues to 
 which the Mayor and City Council of Baltimore is or may 
 be entitled except otherwise provided in this article, and he 
 shall have such assistants and clerks and perform such other 
 duties as shall be prescribed by ordinances not inconsistent with 
 this Article. All licenses imposed by ordinances shall be due 
 and collectible in the first week of January in each year, and 
 it shall be the duty of said Collector of Water Rents and 
 Licenses to see that said Licenses are paid at that time; pro- 
 vided, that the Mayor and City Council of Baltimore may, if 
 the public service permits, assign the duties to be performed 
 by this section to be performed by the Collector of Water 
 Rents and Licenses, to some other municipal official, and when 
 so done by ordinance this office may be abolished. 
 
 Does not apply to market licenses. 
 
 Meushaw v. State, 109 Md. 84. City v. WoUman, 123 Md. 310. 
 
 DEPARTMENT OF LAW. 
 
 60. There shall be a Department of Law of the Mayor and 
 City Council of Baltimore; the head of said department shall 
 be the City Solicitor. 
 
 1906, ch. 459. 
 
 61. The City Solicitor shall be appointed by the Mayor in 
 the mode prescribed in section 25 of this Article, and hold his 
 office as therein provided. He shall be a member of the Balti- 
 more Bar, who has practiced his profession for not less than 
 ten years in Baltimore City, and he shall receive a salary of 
 forty-five hundred dollars per annum, payable monthly. 
 
 1898, ch. 123. 1904, ch. 112. 190G, ch. 206. 
 
 62. The City Solicitor shall be the legal adviser of the 
 Mayor and City Council of Baltimore, and its several depart- 
 ments, and special commissions or boards, and shall have general 
 supervision and direction of all legal business of the city, lie 
 shall have charge and direction of the preparation and trial 
 of all suits, actions and proceedings of every kind to wliicli the 
 city, or any municipal official, department, special commission 
 or board, shall be a party in any Court, local, State or Federal,
 
 92 
 
 or before any Justice of tlie Peace, and when practicable, with- 
 out conflict with his other duties, he shall personally participate 
 in the trial of all such suits in any of the Federal Courts and 
 in the Court of Appeals of Maryland and of all such suits in 
 other Courts which the Mayor may request him in writing to 
 try, and shall discharge such other duties as may from time to 
 time be prescribed by ordinances not inconsistent with this 
 Article. He shall appoint in writing four assistants, to be 
 known respectively, as the Deputy City Solicitor and Assistant 
 City Solicitor, all of whom shall be members of the Baltimore 
 Bar, and shall hold their respective positions at salaries payable 
 monthly of $3,000 per annum for the Deputy City Solicitor and 
 $2,500 per annum for each of the said Assistant Cit3^ Solici- 
 tors, during the pleasure of the City Solicitor, who is hereby 
 authorized to assign to them the performance, subject to his 
 direction and control, of any of the duties required of him by 
 this Article, whether expressed to be personal to himself or 
 not, excepting only such duties as pertain to his character as a 
 member of the Board of Estimates or the Board of Awards. 
 In case any vacancy shall occur in the office of the City Solicitor 
 whether by death, resignation or otherwise, the Deputy City 
 Solicitor shall perform all the duties appertaining to said office 
 until the appointment and qualification of the new City Solici- 
 tor, and during the absence, sickness or other disability of 
 the City Solicitor, the Deputy City Solicitor shall perform all 
 the duties appertaining to the office of City Solicitor, including 
 his duties as a member of the Board of Estimates and of the 
 Board of Awards. In addition to such other duties as the City 
 Solicitor may assign to him, one of the Assistant City Solicitors 
 shall have charge, subject to the direction and control of the 
 City Solicitor, of the examination of all titles on behalf of the 
 city, and in doing such work shall be aided by such persons as 
 the City Solicitor shall employ for the purpose out of the funds 
 appropriated by the annual ordinance of estimates to his de- 
 partment for general expenses, or out of the proceeds of loans 
 or other sums appropriated by the Mayor and City Council of 
 Baltimore to defray the cost of public improvements or work 
 involving the examination of titles on behalf of the city. 
 
 In relation to the powers and duties of the City Solicitor and his 
 authority in representing the city in suits prior to the enactment of 
 the new City Charter, see, 
 
 Balto. V. Ritchie, 51 Md. 233. Ireton v. Baltimore, 61 Md. 432. Dugan 
 V. Mayor, 70 Md. 7, 8. M. & C. C. of Balto. v. Turnpike Co., 80 Md. 546. 
 
 City Solicitor not a ministerial officer, 
 
 Gross V. M. & C. C, 111 Md. 543.
 
 93 
 
 63. The City Solicitor shall give advice and opinions in 
 writing upon any legal questions aft'ecting the interest of the 
 city, which may be submitted to him in writing by the Mayor 
 or either Branch of the City Council, or any Committee there- 
 of, or the head of any department, or a special commission or 
 board. All deeds, bonds, contracts and other legal instruments 
 involving the interest of the city or to be executed by or passed 
 to the Mayor or other officer of the city shall, before they are 
 executed or accepted, be submitted to the City Solicitor and 
 have endorsed upon them his opinion as to their sufficiency and 
 their compliance in terms and conditions with the laws or ordi- 
 nances under which they are executed. It shall be the duty of 
 all officers and departments of the city to submit all such bonds, 
 contracts or other written instruments to the City Solicitor for 
 his approval before executing or accepting the same. 
 
 64. The Law Department shall have its offices and head- 
 quarters in such rooms in the City Hall, or elsewhere, as the 
 Mayor may designate, to be provided and furnished at the 
 expense of the city, and which shall be open on all business 
 days between the hours of 9 A. M. and 3 P. M. All papers and 
 documents relating to the legal business of the city shall be 
 permanently filed in said office. 
 
 1898, eh. 123. 1904, ch. 112. 1906, ch. 206. 
 
 65. The City Solicitor is authorized to employ, in addition 
 to the assistants to one of the Assistant City Solicitors men- 
 tioned in section 62 of this Article, at a total cost not exceeding 
 the aggregate amount therefor fixed by the annual ordinance of 
 estimates, a clerk, stenographer and typewriter, and such other 
 assistants of every kind as he may require, who shall at all times 
 be subject to his orders. The said clerk shall, subject to the 
 direction of the City Solicitor, have charge and custody of the 
 office and papers of the Law Department, which shall be ar- 
 ranged and indexed by him in such convenient and orderly 
 manner as to be at all times readily accessible. He shall also 
 keep in said office a complete docket and duplicate pleadings 
 of all suits, actions, or proceedings in which the city, or any 
 department or official thereof, is interested, pending in any 
 Court or tribunal, upon which docket such appropriate entries 
 shall be made as to show at all times the coiiditi(jii of each one 
 of such cases. He shall also keep and record in a book to be 
 provided for that purpose the original or duplicate copies of all 
 written opinions furnished by the Law Department to the city,
 
 94 
 
 or to any department or official thereof, and also of all abstracts 
 of title furnished to the city by the Law Department. He shall 
 also procure as far as possible all legal opinions and abstracts 
 of title which have heretofore been furnished to the city, or 
 any department or official thereof, and shall file and arrange 
 such opinions and abstracts in such manner and order as to be 
 at all times readily accessible, and shall make and preserve an 
 index thereof. He shall also procure all law books heretofore 
 purchased by the city and in possession of any law officer or ex- 
 law officer of the city, and arrange them in a proper bookcase. 
 
 66. The City Solicitor shall have authority, with the written 
 approval of the Mayor, to institute on behalf of the Mayor and 
 City Council of Baltimore, any suit, action or proceeding in 
 any court or tribunal, local. State or Federal. All appeals on 
 behalf of the city to the Court of Appeals, the Supreme Court 
 of the United States, the United States Circuit Court of Ap- 
 peals or to any other Court shall be taken upon the written 
 order of the City Solicitor, approved by the Mayor. 
 
 M. & C. C. of Baltimore v. Turnpike Co., 80 Md. 536. 
 
 67. The City Solicitor and his Assistants shall be allowed 
 reasonable traveling expenses outside of the city, to be audited 
 by the Comptroller, when on business connected with the Law 
 Department. 
 
 DEPAETMENT OF PUBLIC SAFETY. 
 
 68. There shall be a Department of Public Safety of the 
 Mayor and City Council of Baltimore, which shall consist of 
 the Board of Fire Commissioners, Commissioner of Health, 
 Inspector of Buildings and Commissioner of Street Cleaning, 
 and ex officio the President of the Board of Police Commis- 
 sioners. The head of said department shall consist of a Board 
 of Public Safety, composed of the President of the Board of 
 Fire Commissioners, who shall be President of said Board, 
 Commissioner of Health, Inspector of Buildings, Commissioner 
 of Street Cleaning, and the President of the Board of Police 
 Commissioners. This Board shall be for consultation and ad- 
 vice, and it shall have no power to direct or control the duties 
 or the work of any sub-department. It shall perform such other 
 duties as may be required of it by ordinances not inconsistent 
 with this Article.
 
 95 
 
 BOARD OF FIRE COMMISSIONERS. 
 
 69. The Board of Fire Commissioners shall be the head 
 of the first sub-departmeut of Public Safety, and shall consist 
 of a Board of three persons appointed by the Mayor in the man- 
 ner prescribed in section 25 of this Article, and hold their 
 offices as therein provided, and they shall have control, regula- 
 tion and supervision of the Fire Department and matters re- 
 lating to the same, and shall perform such other duties as may 
 be required by ordinances not inconsistent with this Article. 
 One of said three persons shall be designated by the Mayor as 
 the President of said Board. Each member of said Board 
 shall be paid a salary of one thousand dollars per annum, paya- 
 ble monthly. They shall have power to appoint ajl subordi- 
 nates in their sub-department, and fix their compensation, not, 
 however, to exceed in number of employees or aggregate amount 
 of compensation the limits fixed by ordinance. 
 
 1884, ch. 312. 1886, ch. 463. 1888, ch. 393. P. L. L., (1888) Art. 4, 
 
 sees. 315 and 315A. 
 
 70. The Board of Fire Commissioners of the City of Balti- 
 more may retire from office in the Fire Department any per- 
 manent or call member thereof who has become permanently 
 disabled while in the actual performance of duty, or who has 
 performed faithful service in the department for a period of 
 not less than twenty consecutive years, or who may become una- 
 ble to perform further service by reason of age or other physi- 
 cal or mental disabilities, and place the member so retired upon 
 a pension roll. And said Board may also provide for the re- 
 lief of the widows and children of firemen who may be killed 
 in the discharge of dutv. The amount of such annual pension 
 to be allowed by said Board of Fire Commissioners to each 
 pensioner shall be equal to one-half the yearly amount then 
 being received by him, for service in said department at the 
 time of such retirement, per annum, payable in monthly in- 
 stallments. 
 
 COMMISSIONER OF HEALTH. 
 
 71. The Commissioner of Health shall be the head of the 
 second sub-department of Public Safety. He shall be appointed 
 by the Mayor, in the mode prescribed in section 2.5 of tliis Arti- 
 cle, and hold his office as therein provided. It shall be liis duty 
 to cause all ordinances now in existence or wliich may here- 
 after be enacted for the preservation of the health of tlie City 
 of Baltimore, not inconsistent with this Article, to be faitlifully
 
 96 
 
 Qsecuted and strictly observed; and all power and authority 
 now lodged in the Board of Health in said city shall be and 
 the same is hereby transferred to the Commissioner of Health. 
 His salary shall be three thousand five hundred dollars per 
 annum, payable monthly, and he shall be a physician of five 
 years' experience and active practice at the time of his appoint- 
 ment. He shall perform such duties in this department as are 
 now required or may hereafter be prescribed by ordinance not 
 inconsistent with this Article. The Commissioner of Health 
 may appoint two Assistant Commissioners of Health, a Medical 
 Examiner and an Assistant Medical Examiner, and a reasona- 
 ble number of clerks and subordinates, and fix their compensa- 
 tion, but no greater number of persons shall be appointed by or 
 employed under said Commissioner of Health than the public 
 interests demand and the appropriation by the Mayor and City 
 Council of Baltimore shall justify. 
 
 J"'or origin of provisions of cliarter under ttiis title, see City Code 
 (1893), Art. 23. 
 
 72. There may be appointed by the Commissioner of Health, 
 a reasonable number of Sanitary Inspectors for said city, not 
 exceeding fifteen, of whom two may be physicians, and one, at 
 least, shall be a person skilled in the matters of drainage and 
 ventilation; and the Commissioner of Health from time to 
 time may prescribe the duties of each, consistent with the ordi- 
 nances now existing or hereafter enacted, and not inconsistent 
 with this Article. 
 
 1894, ch. 53. 
 
 73. The Commissioner of Health shall appoint all inspectors 
 and analysts of bakeries, bake shops, candy factories, confec- 
 tioners or other places for the manufacture of bread, cakes, 
 confectionery and similar food products, for the purpose more 
 especially of ascertaining their sanitary condition and cleanli- 
 ness, and for the purpose of ascertaining the purity, healthful- 
 ness and wholesomeness of the flour, sugar, butter, lard or other 
 ingredients used in making such bread, cakes, confectionery 
 and other articles of food offered for sale in the City of Balti- 
 more, or intended for consumption therein, as by ordinance may 
 be prescribed. 
 
 Deems v. M. & C. C. of Baltimore, 80 Md. 170. 
 
 1894, ch. 53. 
 
 74. The Commissioner of Health shall appoint all inspectors 
 and analysts for the proper inspection of milk or any and all
 
 97 
 
 other food products offered for sale in the City of Baltimore, 
 or intended for consumption therein, as by ordinance may be 
 prescribed. 
 
 Deems v. M. & C. C. of Baltimore, 80 Md. 170. 
 
 75. One of the Assistant Commissioners of Health, who 
 shall be a legally authorized practicing physician in good 
 standing, shall be assigned to the performance of the duties 
 of Quarantine Hospital Physician. He shall reside perma- 
 nently on the grounds attached to the Hospital on the southern 
 shore of the Patapsco River, and known as the Quarantine Hos- 
 pital of the port of Baltimore, and shall superintend all the 
 affairs of the hospital and the adjacent grounds, under the direc- 
 tion of the Commissioner of Health. Whatever powers have 
 been heretofore granted by the Mayor and City Council of 
 Baltimore, in regard to quarantine regulations, to the Board of 
 Health, are hereby transferred to the Commissioner of Health, 
 subject to alteration, amendment or repeal by ordinances not 
 inconsistent with this Article. 
 
 76. In consideration of the duties to be performed by one 
 of the Assistant Commissioners of Health as Quarantine Hos- 
 pital Physician, said officer shall hereafter receive, in lieu of all 
 commissions and fees, a salary of three thousand dollars per 
 annum, payable monthly, and he may occupy the dwelling on 
 the hospital grounds free of charge, but all expenses incurred 
 for his support, or that of his family, shall be defrayed out of 
 his salary. The other Assistant Commissioner of Health shall 
 be allowed a salary of two thousand dollars per annum, payable 
 monthly. 
 
 1898, ch. 123. 1900, ch. 109. 
 
 77. The Commissioner of Health shall annually appoint a 
 Vaccine Physician for every ward of the City of lialtimore, 
 who shall be a resident of the ward for which he may be ap- 
 pointed, who shall vaccinate in his ward all such persons as may 
 be designated by the Commissioner or Assistant Commissioner 
 of Health as susceptible to small-pox contagion, nnd whose duty 
 it shall be to visit each dwelling house in the ward for which 
 he is appointed and vaccinate every person who may bo pre- 
 sented to him for that purpose, and to be prepared at his olllce 
 at such hours as may be designated by the Commissioner of 
 Health to vaccinate all who may there call on liim llial arc 
 residents of said ward requiring vaccination, lie shall keep a 
 record of the names, ages and residences of nil wlioin lie slnili 
 
 (5)
 
 98 
 
 vaccinate or re-vaccinate, and report the same monthly under 
 oath or affirmation to the Commissioner of Health, and shall 
 also report to said Commissioner of Health monthly the names 
 of all persons who shall refuse to suffer themselves or the mem- 
 bers of their household to he vaccinated when the same shall 
 be necessary. He shall discharge all other duties which may 
 be required of him as such Vaccine Physician by ordinances 
 not inconsistent with this Article, and shall also discharge the 
 duties of Sanitary Inspector for his ward. Each Vaccine 
 Physician shall be paid a salary of not more than nine hundred 
 dollars ($900) per annum, to be fixed by the Health Commis- 
 sioner, payable monthly. 
 
 78. Each of the said Vaccine Physicians shall act as 
 health warden of his respective wards, and shall sign, without 
 charge, all certificates that may be required of him to enable 
 children from the respective vaccine districts to enter any of 
 the public schools of Baltimore; and he shall have a general 
 supervision of the health of his respective wards, and report to 
 the Commissioner of Health any nuisance which in his opinion 
 is or may become a source of disease, and in case of the mani- 
 festation of any contagious disease, he shall at once, under the 
 direction of the Commissioner of Health, proceed to use such 
 means as the nature of the case may demand, to arrest its 
 progress. 
 
 INSPECTOK OF BUILDINGS. 
 
 79. The Inspector of Buildings shall be the head of the 
 third sub-department of Public Safety. He shall be an archi- 
 tect or builder of ten years' experience in the active practice of 
 his profession and have had responsible charge of work for 
 at least that length of time. He shall be appointed by the 
 Mayor in the mode prescribed in section 25 of this Article, 
 and hold his office as therein provided, and under this depart- 
 ment he shall have the supervision of the construction of all 
 buildings erected in the said city, and shall see that the 
 building laws relating to the construction of said buildings 
 shall be complied with, and he shall perform such other duties 
 as may be prescribed by ordinances not inconsistent with this 
 Article. He shall be paid a salary of three thousand dollars 
 per annum, payable monthly. 
 
 1882, ch. 74. P. L. L., (1888) Art. 4, sec. 129. 
 
 80. It shall be the duty of the Inspector of Buildings to
 
 99 
 
 visit and inspect all theatres, hotels, public halls, churches, 
 school-houses and buildings used for public assemblages, and 
 all manufactories employing twenty-five or more persons, now 
 erected or that mav hereafter be erected in the Citv of Balti- 
 more for the purpose of ascertaining if said buildings have the 
 proper means of exit in case of fire or panic; and if, on 
 examination, the said Inspector of Buildings, shall determine 
 that said buildings, as herein enumerated, have not the proper 
 means of exit for the purposes herein prescribed, then it shall 
 be the duty of the said Inspector of Buildings to notify in 
 writing, the owners, trustees or lessees of said buildings that 
 the proper means of exit do not exist, and direct the said 
 owners, trustees or lessees of said buildings, as herein enumer- 
 ated, to so improve the same as to provide the proper means 
 of exit, in case of fire or panic, as in the judgment of the said 
 Inspector of Buildings he may deem proper and necessary, 
 
 1882, ch. 74. P. L. L., (1888) Art. 4, sec. 130. 
 
 81. If any person having been notified, as provided in the 
 preceding section, shall fail to comply with said notice, he shall, 
 after the expiration of thirty days from the date of said notice, 
 forfeit and pay a fine of one hundred dollars for non-com- 
 pliance therewith, and twenty-five dollars per day for each 
 and every day thereafter that he shall refuse to make such 
 improvements as prescribed in the notice so given, as provided 
 in the preceding section ; said fines to be collected as other 
 fines are collected by law. 
 
 82. It shall be the duty of the Inspector of Buildings to 
 enforce the execution of all existing or hereafter enacted build- 
 ing regulations and ordinances relating to the construction, 
 alteration and removal of buildings, or other structures, walls 
 or parts of buildings or other structures. The Inspector of 
 Buildings shall have power to appoint such assistants and 
 subordinates, clerks and employees as are or may hereafter be 
 prescribed by ordinance, and fix their compensation, not to 
 exceed in the aggregate the amount allowed by ordinance. 
 
 COMMISSIONER OF STREET CLEANING. 
 
 83. The Commissioner of Street Cleaning shall be the head 
 of the fourth sub-department of Public; Safety. He shall bo 
 appointed by the Mayor in the mode prescribed in section Sf) of 
 this Article, and hold his office as therein provided. lie shall be 
 charged with the duty of cleuTiing tli(^ streets, as well as the
 
 100 
 
 cleaning of the sewers, subject as to the latter to the direction 
 and orders of the City Engineer ; and shall perform such other 
 duties as may be prescribed by ordinances not inconsistent with 
 this Article. He shall be paid a salary of two thousand five 
 hundred dollars per annum, payable monthly. The Commis- 
 sioner may appoint such subordinates as his department shall 
 require, and fix their compensation, not to exceed in the 
 aggregate the amount appropriated by ordinance. 
 
 DEPAKTMENT OF PUBLIC IMPROVEMENTS. 
 
 1914, ch. 852. 
 
 84. There shall be a Department of Public Improvements 
 of the Mayor and City Council of Baltimore, the head of which 
 department shall be the Chief Engineer of Baltimore, who 
 shall be appointed by the Mayor in' the mode prescribed in 
 section 25 of this Article, and hold his office as therein pro- 
 vided, except that the first Chief Engineer who shall be ap- 
 pointed in pursuance of this Act may be appointed by the 
 Mayor as soon after the passage of this Act as to him may seem 
 proper, to hold office until the first Monday in October, 1915. 
 The said Chief Engineer of Baltimore shall be a civil engineer 
 of standing in his profession and shall have been in active 
 practice and have had responsible charge of work for at least 
 five years; he shall have supervision of all engineering ques- 
 tions and matters connected with any and every public improve- 
 ment in Baltimore City or elsewhere, made by the Mayor and 
 City Council of Baltimore, or any department, board or 
 agency thereof, and all plans and specifications for all such 
 public improvements involving any engineering question or 
 questions shall be submitted to him and be subject to his ap- 
 proval. He shall take the place of the City Engineer as Chief 
 Engineer of the Paving Commission and shall advise the Board 
 of Estimates on all engineering matters ; he shall perform such 
 other duties as may be imposed upon him by ordinances of the 
 Mayor and City Council of Baltimore or by the Board of 
 Estimates not inconsistent with those herein specified ; he shall 
 receive a salary of $4,500.00 per annum, payable as the 
 salaries of other city officials, subject, however, to the pro- 
 visions of section 36A of the City Charter; he shall give his 
 whole time and attention to the duties of his position, and shall 
 not accept or engage in any other employment during the time of 
 holding said position, except by the previous consent of the 
 Board of Estimates entered upon their minutes. The organi- 
 zation of the Department of Public Improvements shall con-
 
 101 
 
 sist of the Chief Engineer of Baltimore, as president, and of 
 the following sub-departments : 
 
 Highwaj^s Engineer, 
 
 Commission on City Plan, 
 
 Topographical Survey Commission, 
 
 Sewerage Commission, 
 
 Paving Commission, 
 
 Annex Improvement Commission, 
 
 Electrical Commission, 
 
 Water Board, 
 
 Harbor Board, 
 
 Inspector of Buildings, 
 
 City Surveyor. 
 
 The City Surveyor, under the direction of the Chief Engi- 
 neer, shall perform such duties as may be imposed upon him 
 by ordinance ; he shall receive as compensation for the discharge 
 of his duties the sum of three thousand dollars ($3,000.00) per 
 annum, payable as the salaries of other city officials are pay- 
 able, which shall be in lieu of all fees or emoluments received 
 by him which have been heretofore chargeable to the city, and 
 all fees and emoluments which he may receive from any*^ party 
 other than the city shall be collected by him and turned over to 
 the Comptroller and credited to the general revenue of the city. 
 
 The Highways Engineer, under the direction of the Chief 
 Engineer of Baltimore, shall perform all the duties heretofore 
 performed, or required by any law to be performed, by the 
 City Engineer, except the duties of the Chief Engineer of the 
 Paving Commission, which shall be performed by the Chief 
 Engineer of Baltimore. 
 
 The other sub-departments above mentioned shall continue 
 to perform the duties imposed upon them by law as heretofore, 
 excepting only that they shall be subject to the supervision and 
 direction of the Chief Engineer of Baltimore as lierein pro- 
 vided. He shall be the arbiter of all questions and controversies 
 that may arise between any of the said sub-departments or be- 
 tween the engineers of said sub-departments, and his decision 
 shall be final. He shall have power to call togetlier for consulta- 
 tion, whenever he deems it advisable, the Highways Engineer, 
 the Water Engineer, the Harbor Engineer, tlie City Surveyor, 
 and the Engineer of each of the other sub-departments above 
 mentioned, or the chief engineer of any of said snb-dopartmonts 
 having more than one engineer. Upon re(inest of any sub- 
 department, or the head or engineer thereof, or any other party 
 in interest, he shall call together the engineers above mentioned
 
 102 
 
 to discuss and give their opinions upon any engineering ques- 
 tion that may arise or be presented for his determination ; and, 
 in the event of any controversy between any of the sub-depart- 
 ments or the engineers thereof, he shall give opportunity to 
 both sides to be heard before said board of engineers ; but after 
 such hearing, and after hearing the opinions of said engineers, 
 the decision of the matter shall be made by the said Chief Engi- 
 neer. Whenever, because of sickness, temporary absence from 
 the city, or other disability, or under the stress of conflicting 
 engagements or other reasonable necessity, the Chief Engineer 
 of Baltimore shall be unable to discharge any duties or exercise 
 any power imposed or conferred upon him in person in his 
 primary capacity as Chief Engineer of Baltimore, by law or 
 ordinance, he shall be and is hereby authorized to delegate in 
 writing, subject to the approval of the Mayor, the discharge of 
 such duty or the exercise of such power to such one or more of 
 his chief subordinates as he may select. 
 
 There shall be connected with said Department of Public 
 Improvements a Board of Public Improvements, composed of 
 the Chief Engineer of Baltimore, the Highways Engineer, the 
 Water Engineer, the Harbor Engineer, and the Inspector of 
 Buildings. This Board shall be for consultation and advice. It 
 shall have no power to direct or control the duties or the work 
 of any sub-department under this Department, It shall per- 
 form such other duties as may be required of it by ordinances 
 not inconsistent with this Article. 
 
 85. When any ordinance for a public improvement, not 
 included in the ordinance of estimates furnished by the Board 
 of Estimates under the provisions of this Article, exceeding 
 in cost the sum of two thousand dollars has passed its first 
 reading in the Branch of the City Council in which it origi- 
 nates, it shall be referred to the Board of Public Improvements 
 for an opinion, in writing, as to its advisability and whether 
 the wants of the city actually require such an improvement, and 
 by the last-named Board with such opinion attached to said 
 ordinance it shall be sent to the Board of Estimates for its 
 opinion, in writing, as to the probable cost of the same and 
 whether the financial condition of the city will justify such an 
 expenditure. "No further action with regard to said ordinance 
 shall be taken by the City Council until such reports have been 
 made and submitted to both Branches of the City Council and 
 read and entered on the respective journals of said Branches. 
 It shall be the duty of both of the said Boards to promptly make
 
 103 
 
 the said reports and the Board of Estimates shall return the 
 same attached to said ordinance to the City Council. 
 Baltimore City v. Gorter, 93 Md. 13. 
 
 HIGHWAYS El^GINEER. 
 
 1906, ch. 459. 1914, ch. 852. 
 
 86. The Highways Engineer, who shall be the head of the 
 first sub-department of Public Improvements, shall be ap- 
 pointed by the Mayor in the mode prescribed in section 25 of 
 this Article, and hold his office as therein provided. He shall 
 have control and supervision of the streets, highways, lanes and 
 alleys of the City of Baltimore, both as to their construction, 
 paving and curbing. He shall construct all sewers, unless 
 otherwise provided by ordinance of the City Council or Act of 
 the Legislature. He shall be a civil engineer in the active 
 practice of his profession for five years, and one who has had 
 responsible charge of work for at least that length of time. He 
 shall perform all the duties heretofore performed by the City 
 Engineer, unless otherwise provided in this Article. He shaU 
 receive a salary of forty-five hundred dollars ($4,500.00) per 
 annum, payable monthly, and perform such other duties as may 
 be prescribed by ordinances not inconsistent with this Article. 
 He shall have power to appoint such subordinates as he may 
 require, and fix their compensation, not, however, to exceed in 
 number or compensation the limits fixed by ordinance (pro- 
 vided, however, that nothing in this Act contained shall be con- 
 strued to in any wise impair or modify the powers conferred 
 upon the Sewerage Commission created under the provisions of 
 Chapter 349 of the Acts of 1004). 
 
 86A. Ptcpealed by Act of 1914, ch. 852. 
 PKOTECTION OF IMPEOVED PAVEMENTS. 
 
 1906, ch. 798. 
 
 86B. Whenever any of the streets, lanes or alleys of the 
 City of Baltimore are to be paved or repaved with any new or 
 improved pavements, the City Engineer before said paving or 
 repaving is proceeded with shall cause a notice to be inserted 
 in two daily newspapers published in the City of Baltimore, 
 once a week for four successive weeks, notifying all persons and 
 corporations that upon the expiration of a day to be named in 
 said notice, said day not to be less than six weeks from the date 
 of the first insertion of said notice, he will proceed witli said 
 paving or repaving and warning said persons and corporations to
 
 104 
 
 obtain permits for and to complete all work that might in any 
 way necessitate the digging or tearing up of the said street, 
 lane or alley, or any part thereof when so paved or repaved, 
 before said day, and written or printed notices of like tenor 
 and effect shall likewise at least four weeks before the expira- 
 tion of said day, be served by the City Engineer, or on his be- 
 half, upon all persons or corporations that he may suppose to 
 be interested in receiving such notices ; provided, however, that 
 the service of such last mentioned notices shall not be so con- 
 strued as to be one of the prerequisites to the validity of the 
 proceedings by the city under this and the succeeding section 
 of this Article. 
 
 1906, ch. 798. 
 
 86C. The said pavement or repavement when thereafter 
 laid shall in no event be dug or torn up in whole or in part at 
 the instance of or by any person or corporation, unless in the 
 case of some special emergency that could not under the cir- 
 cumstances be reasonably expected to have been foreseen by said 
 person or corporation, except upon a permit obtained therefor, 
 signed and issued by the Mayor and City Engineer, jointly, 
 which said permit said Mayor and City Engineer are expressly 
 empowered in their absolute discretion to issue or withhold as 
 the circumstances may appear to them to warrant. In case the 
 said Mayor and City Engineer determine to issue said permit, 
 they may attach such conditions and terms thereto as they may 
 deem right and proper. 
 
 1912, ch. 429. 
 
 86D. The City Engineer shall be the Chief Engineer, and 
 after the Sewerage Commission shall have completed the sewer- 
 age system, under all Acts of the General Assembly of Mary- 
 land, and shall have turned the same over to the Mayor and 
 City Council of Baltimore, as therein provided, the City Engi- 
 neer shall have charge of the maintenance and extension of the 
 sewerage system. 
 
 WATER BOARD. 
 
 87. The Water Board shall be the head of the second sub- 
 department of Public Improvements, and shall have chai-ge of 
 the water supply to the inhabitants of the City of Baltimore, 
 and shall consist of five persons appointed by the Mayor in the 
 manner prescribed in section 25 of this Article, and hold their 
 offices as therein provided. One of said five persons, who shall
 
 105 
 
 be the President of said Board and knoA\Ti as the Water Engi- 
 neer, and so named by the Mayor, shall be a civil engineer in the 
 active practice of his profession for five years, and who has had 
 responsible charge of work for at least that period of time. The 
 Water Engineer shall receive a- salary of four thousand dollars 
 per annum, payable monthly, and the other members of said 
 Board shall serve without pay. All subordinates employed in 
 said sub-department shall be appointed by the Water Engineer, 
 subject to the approval of said Board ; he shall fix their compen- 
 sation not to exceed in the aggregate the amount appropriated by 
 ordinance. The Water Engineer and Water Board shall per- 
 form such other duties as now or may hereafter be prescribed 
 by ordinances not inconsistent with this Article. 
 
 1904, ch. 364. 
 
 87A. The Water Board shall have such power and authority 
 with reference to the assessing and establishing of rates either 
 by meter, fixed charge or otherwise, for the supply and use of 
 water for any purpose and at any point in Baltimore City and 
 County, as may be delegated by said Board by ordinance of the 
 Mayor and City Council of Baltimore; payments of said rates 
 to be enforced as now provided by law ; and the said Water 
 Board shall also have such power and authority with reference 
 to the abatement of water rates as may be delegated to them by 
 ordinance of the Mayor and City Council of Baltimore. 
 
 IIAEBOR BOARD. 
 
 1908, ch. 170. 
 
 38. The Harbor Board shall be the head of the third sub- 
 department of Public Improvements, which shall have charge of 
 the harbor, wharves and navigable waters, including bridges 
 over same, in and adjacent to the City of Baltimore. It shall 
 consist of five persons appointed by the Mayor in the manner 
 prescribed in section 25 of this Article, who shall hold tlieir 
 offices as therein provided. One of said five persons, who shall 
 be the president of said board, and known as the Harbor Engi- 
 neer, and so named by the Mayor, shall be a civil engineer in 
 the active practice of his profession for five years, and who has 
 had responsible charge of work for at least tliat period of time. 
 Tlio Harbor Engineer shall receive a siilnry of four tlioiisnnd 
 dollars per annum, payable monthly, and the other members of 
 said board shall serve without pay. All subordinates employed 
 in said sub-department shall be appointed by the Harbor Engi- 
 neer, subject to the approval of said board; he shall fix their
 
 106 
 
 compensation, not to exceed in the aggregate the amount appro- 
 priated by ordinance. The Harbor Engineer and Harbor Board 
 shall perform such other duties as may hereafter be prescribed 
 by ordinances not inconsistent with this Article. 
 
 INSPECTOE OF BUILDINGS. 
 
 89. The Inspector of Buildings shall be the head of the 
 fourth sub-department of Public Improvements, and shall be 
 the same officer whose appointment is provided for herein in 
 the Department of Public Safety. The duties he shall perform 
 in this department and sub-department shall be the superin- 
 tendence of the construction and repairing of all buildings built 
 by the city, unless otherwise provided by ordinances. He shall 
 receive no additional pay for his services rendered in this de- 
 partmtot. Pie shall perform such other duties in this depart- 
 ment as may be required of him by ordinances not inconsistent 
 with this Article. 
 
 DEPARTMENT OF PUBLIC PARKS AND SQUARES. 
 
 1906, ch. 416. 
 
 90. There shall be a Department of Public Parks and 
 Squares of the Mayor and City Council of Baltimore, the head 
 of said department shall consist of a Board of Park Commis- 
 sioners composed of five members to serve without pay, ap- 
 pointed by the Mayor in the manner prescribed in section 25 of 
 this Article, one of whom shall be the President thereof, and 
 shall be so designated by the Mayor. Their term of office shall 
 be five years, one of them to retire at the end of every year at 
 which time his successor shall be appointed. The present Board 
 shall determine by lots their terms of office so as to provide for 
 the retirement of one of its members on the first Monday in 
 October in the vear 1906, and one at the end of each vear 
 thereafter succeeding; provided, however, that none of the 
 present Board shall serve for a longer term than five years, 
 unless reappointed ; said Board shall elect a secretary, who shall 
 be paid a salary of one thousand five hundred dollars ($1,500) 
 per annum, payable monthly, and he shall be the clerk of said 
 Board, and shall perform such duties as may be prescribed by 
 said Board. The said Board shall perform such other duties as 
 may be prescribed by ordinances not inconsistent with this 
 Article. 
 
 1906, ch. 416. 
 
 91. The Board of Park Commissioners shall have charge
 
 107 
 
 and control of all public parks, squares, boulevards leading to 
 parks, springs and monuments belonging to and controlled by 
 or in the custody of the Mayor and City Council of Baltimore ; 
 and it shall have power and authority to rent or lease property, 
 which it may acquire on behalf of the city, whether by purchase, 
 condemnation or otherwise, at such reasonable rentals, and for 
 such terms as to the said Board may seem proper. 
 
 1862, ch. 29. P. L. L., (188S) Art. 4, sec. 706. 
 
 92. The Board of Park Commissioners shall have power 
 from time to time to make such rules and regulations for the 
 government and preservation of order within the parks, squares, 
 springs and monuments belonging to, controlled by, or in tlie 
 custody of the Mayor and City Council of Baltimore, as it may 
 deem expedient. To carry out such regulations, lines not 
 exceeding in any one case one hundred dollars shall be imposed 
 for breaches of said rules and regulations, which fines shall be 
 recoverable as other fines are in the name of the city, and said 
 amounts so recovered shall be used and appropriated to the 
 purposes of the Board of Park Commissioners. 
 
 1876, ch. 40. P. L. L., (1888) Art. 4, sec. 707. 1902, ch. 92. 1906, ch. 416. 
 
 93. The Board of Park Commissioners is authorized and 
 empowered to regulate the speed of vehicles and equestrians 
 within one mile of the approach and within the limits of said 
 parks and squares, and to impose the fines provided for in the 
 preceding section for the violation of any regulations it may 
 establish in this connection, to be recovered as therein provided; 
 but the said Board of Park Commissioners shall have no author- 
 ity to pass any rule or regulation excluding private automobiles 
 from the free use of the parks, squares and roadways under its 
 control, nor shall the said Board of Park Commissioners have 
 authority to pass any rvde or regulation requiring vehicles, 
 equestrians or automobiles to travel at a slower rate of speed 
 tlian six miles per hour. The said Board shall also have power 
 and authority to admit into the parks, squares and boulevards 
 under its control, public conveyances, whether automobiles, 
 wagons, or any other kind of vehicles, upon such terms and 
 conditions as to charges and otherwise, as to the said Board may 
 seem proper. 
 
 1908, ch. 106. 
 
 93A. The Board of Park Commissioners is authorized and 
 empowered to establish athletic fields and plnygrounds in the 
 public parks of Baltimore City for the use of the students of
 
 108 
 
 the public schools of said city, and to designate the grades and 
 classes of students who shall use the different playgrounds 
 which may be so established, and to prescribe rules and regula- 
 tions for the use thereof, and for the exclusion under reason- 
 able conditions of other persons therefrom. 
 
 1862, ch. 29. P. L. L., (1888) Art. 4, sec. 708. 
 
 94. The several members of the said Board of Park Com- 
 missioners shall have the power of conservators of the peace 
 within the limits of said parks and squares. 
 
 1862, ch. 29. P. L. L., (1888) Art. 4, sec. 709. 
 
 95. The Board of Police Commissioners of Baltimore City 
 is directed at the request of the Board of Park Commissioners 
 to detail from time to time such of the regular police force of 
 said city as the said Board of Park Commissioners may deem 
 necessary for the preservation of order within said parks and 
 squares, according to the regulations aforesaid, which policemen 
 shall be under the direction of said Board of Park Commis- 
 sioners, and shall have the same power in said parks and squares 
 that the Police of the City of Baltimore have as conservators of 
 the peace in Baltimore City or elsewhere. 
 
 Upshur V. Baltimore City, 94 Md. 743. 
 
 1876, ch. 344. P. L. L., (1888) Art. 4, sec. 712. 
 
 96. In addition to the powers now or hereafter conferred 
 upon the Board of Park Commissioners, it is authorized to form 
 zoological collections within the limits of said parks or squares 
 by the purchase and collection of live, wild or other animals, 
 for the purpose of public exhibition. 
 
 1876, ch. 344. P. L. L., (1888) Art. 4, sec. 717. 
 
 97. The said Board of Park Commissioners shall have full 
 power to employ and compensate all persons whom, in its judg- 
 ment, it may deem proper, in maintaining and supporting such 
 parks, squares, springs and monuments, or any other building, 
 collection, garden or reservation provided for in this Article. 
 The distribution of the park fund for the maintenance of the 
 different parks and squares shall be made by the Park Com- 
 missioners. 
 
 Addition made by Act of 1900, ch. 109, omitted in pursuance of M. & 
 C. C. V. Williams, 124 Md. 502.
 
 109 
 
 1SS6, cb. 354. P. L. L., (1888) Art. 4, sec. 719. 
 
 98. The night watchmen employed by the Board of Park 
 Commissioners shall have, while on duty, the same power that 
 police in said city have as conservators of the peace. 
 
 1908, ch. 147. 
 
 98a. That the jurisdiction of the Board of Park Conmiis- 
 sioners of the City of Baltimore be and the same is hereby ex- 
 tended over the sidewalks which -border on Harlem Park, in 
 said city, on all sides of said park to the curb lines of said side- 
 walks, as now established. 
 
 1910, ch. 142. 
 
 98b. That the jurisdiction of the Board of Park Commis- 
 sioners of the City of Baltimore be, and the same is hereby, ex- 
 tended over the sidewalks which border on Collington Square, 
 or Park, in said city, on all sides of said square, or park, to 
 the curb lines of said sidewalks, as now established. 
 
 DEPAKTME:t^T OF EDUCATIOT^T. 
 
 1906, ch. 107. 
 
 99. There shall be a Department of Education of the Mayor 
 and City Council of Baltimore. The head of said department 
 shall consist of a Board of School Commissioners composed of 
 nine persons, who shall serve without pay, and who shall be 
 appointed by the ]\[ayor in the mode prescribed in section 25 of 
 this Article, and removable as therein provided. One of said 
 Commissioners shall be President of said Board and so desig- 
 nated by the Mayor when appointed. Their term of office shall 
 be six years, three of them to retire at the end of every two 
 years. The Board first appointed shall determine by lot their 
 term of office, so as to provide for the retirement in tlu^ suc- 
 ceeding two and four years of three of their number. The 
 members of said Board shall be residents of the City of Balti- 
 more for at least one year, citizens of the State of Maryland 
 for at least five years prior to their appointment. The members 
 of said Board shall be chosen by the Mayor from among those 
 he deems most capable of promoting the interest of public 
 education by reason of their intelligence, character, education or 
 business habits. In the selection of members of said Board and 
 in their action in the administration of the public schools, 
 ecclesiastical and party ties shall not be regarded, so that tlie 
 public schools may be entirely out of the field of political and
 
 110 
 
 religious differences and controversies. The said Board shall 
 confirm or reject all nominations of teachers made to it, as 
 hereinafter provided by the Superintendent of Public Instruc- 
 tion and his assistants. It shall not confirm the appointment of 
 any teacher whose name does not appear upon the graded list, 
 hereinafter provided for. All oificers, secretaries, clerks and 
 employees shall be appointed by said Board, and may be re- 
 moved by it at pleasure, and any teacher may be removed by 
 said Board on the recommendation of the Superintendent of 
 Public Instruction after charges preferred and trial had. The 
 salary of all officers, teachers, secretaries, clerks and employees 
 shall be fixed by said Board, not to exceed in the aggregate the 
 amount appropriated by ordinance. Whenever the construction 
 of a new schoolhouse or the enlargement and repairs of an old 
 schoolhouse is authorized, the instructions of the Board of 
 School Commissioners shall be regarded by the Inspector of 
 Buildings in the preparation of his plans, and no plans shall be 
 finally adopted without the concurrence of said Board. All 
 text-books, stationery and furniture required for the public 
 schools shall be purchased by the said Board; subject to the 
 provisions of sections 14 and 15 of this Article. 
 
 In reference to powers of Board of School Commissioners, see: School 
 Commrs. of Balto. v. State Board of Education, 26 Md. 512. Weddle v. 
 Board School Commrs., 94 Md. 334. 
 
 Power, School Commissioners — appointment teachers. 
 Semmes, et al. v. Rowland, 114 Md. 260. 
 
 Members of the School Board are not liable for their official acts, 
 unless they "do wrong wilfully, fraudulently and corruptly." 
 Roschen v. School Commissioners, 116 Md. 42, 49. 
 
 Trial must be upon sufficient charges— it seems teacher on trial en- 
 titled to be represented by counsel. 
 
 Riggs V. Green, 118 Md. 219. 
 
 100. The said Board shall appoint the principal, professors, 
 tutors and instructors of the City College, the principals, tutors 
 and instructors of the Polytechnic Institutes, and of the High 
 Schools. It shall also appoint a Superintendent of Public 
 Instruction and one or more Assistant Superintendents of 
 Public Instruction, one of whom shall be the First Assistant, 
 and shall act as Superintendent of Public Instruction if that 
 officer is disabled. The said Superintendents shall all be per- 
 sons of education and experience in the management of schools, 
 and they shall not be less than twenty-five years of age, at the 
 time of their appointment, and shall discharge the duties herein 
 prescribed and such other duties as the said Bcfard may direct. 
 In order to secure the continuance of local interest in and
 
 Ill 
 
 oversight of the public schools, there shall be appointed an- 
 nually by said Board such number of unpaid School Visitors 
 as may be found requisite. One or more of these visitors shall 
 be assigned to every school, and every visitor so assig-ned shall 
 be a resident or engaged in business within half mile of the 
 school to which he or she is assigned, so that the parents and 
 inhabitants of every neighborhood may have easy access to an 
 official of the public schools. The said visitors shall perform 
 the duties hereinafter prescribed, and such other duties as the 
 said Board may direct. The said Board may also appoint a 
 supervisor of the heating, plumbing and ventilation of school 
 buildings, to be known as Supervisor of School Buildings, who 
 shall, in addition to the supervision of school buildings in re- 
 spect to their heating, plumbing and ventilating, perform such 
 
 other duties as the Board may direct. 
 
 Baltimore City v. Lyman, 92 Md. 611. 
 
 SUPERINTENDENT AND ASSISTANT SUPERIN- 
 TENDENTS OF PUBLIC INSTRUCTION. 
 
 101. The duties of the Superintendent of Public Instruc- 
 tion and Assistant Superintendents of Public Instruction shall 
 include the examination of teachers and their nomination to the 
 Board of School Commissioners for appointment or promotion, 
 and the supervision of schools, and the study and suggestion of 
 methods by which the public school system of the City of Balti- 
 more may be maintained and improved. They shall hold regu- 
 lar meetings as a Board of Superintendents of Public Instruc- 
 tion and keep a record of the same, which shall be submitted to 
 the Board of School Commissioners. For the work of super- 
 vision and examination, standing committees shall be desig- 
 nated by the Superintendent of Public Instruction annually. 
 Of every such committee, the Superintendent of Public Instruc- 
 tion or the First Assistant Superintendent of Public Instruc- 
 iton, or both, shall be members ex officio, and the number of 
 additional members shall be determined from time to time, as 
 circumstances may require. Every school shall be visited at 
 frequent intervals by the Superintendent of Public Instruction 
 or one of the Assistant Superintendents of Public Instruction, 
 and written reports on its condition shall be filed in the office 
 of the Superintendent of Public Instruction, with such recom- 
 mendations as circumstances may call for. It shall be the duty 
 of the Superintendent of Public Instruction and his Assistants, 
 to devote their services exclusively to the public schools under 
 such regulations as the Board of School Commissioners nia_\
 
 112 
 
 prescribe. It shall be the duty of the said Superintendent of 
 Public Instruction, with the aid of the Supervisor of School 
 Buildings, to ascertain the sanitary condition of every school, 
 and to report to the proper authorities what repairs or improve- 
 ments are necessary. It shall be the duty of the Superin- 
 tendent of Public Instruction and his Assistants, as examiners, 
 to ascertain, by appropriate committees, appointed as herein- 
 before provided, the training, knowledge, aptness for teaching, 
 and character of every future candidate for the place of a 
 teacher, and to report to the Board of School Commissioners 
 graded lists of those whom they deem qualified for appointment, 
 from which graded lists all nominations of teachers shall be 
 made by the Superintendent of Public Instruction and his 
 Assistants to the Board of School Commissioners. All such 
 nominations of teachers shall be made in the order in which the 
 names of the nominees appear upon such graded lists. In the 
 preparation of these graded lists, the Superintendent of Public 
 Instruction and his Assistants shall ascertain by competitive 
 examinations the relative qualifications of those candidates who 
 desire appointment, and shall place the names of the accepted 
 candidates upon said graded Jists in the order of their relative 
 qualifications, so ascertained by such competitive examination. 
 It shall be their duty to advise the Board of School Commis- 
 sioners whenever called upon, or whenever they think it impor- 
 tant, in respect to the course of studies, text-books or methods 
 of instruction. Wlienever the Superintendent of Public Instruc- 
 tion and his Assistants are in doubt what course to pursue, tbey 
 shall ask instructions from the Board of School Commissioners, 
 to whom they may present a majority and minority report, and 
 the decision of the Board of School Commissioners shall be 
 final. The Superintendent of Public Instruction and his 
 Assistants shall perform such other duties as may be prescribed 
 by order of the Board of School Commissioners not inconsistent 
 with this Article. 
 
 Baltimore City v. Lyman, 92 Md. 591. 
 
 102, It shall be the duty of the School Visitors, hereinbefore 
 provided for, to visit the schools to which they are assigned, and 
 to report upon their condition at least once in every quarter, 
 and oftener if they think it desirable. In case of an emergency 
 requiring attention, they shall immediately notify the Superin- 
 tendent of Public Instruction. The said School Visitors may 
 be called together by the Board of School Commissioners or the 
 Superintendent of Public Instruction whenever the interests of 
 the schools require it, or whenever it is thought important for
 
 113 
 
 the office of a visitor to be defined, the organization of the school 
 system to be considered and the characteristics of a good school 
 to be clearly, stated to them. They shall perform such other 
 duties as the Board of School Commissioners may prescribe, 
 not inconsistent with this Article. 
 
 190S, ch. TS. 
 
 102A. There shall be a board to be known as the board of 
 trustees of the Teachers' Retirement Fund of Baltimore City, 
 to be composed of seven persons, who shall serve without com- 
 pensation for their duties as members of said board. The said 
 board of trustees shall be composed of the City Comptroller, the 
 Superintendent of Public Instruction, two members of the 
 Board of School Commissioners, to be elected by said Board of 
 School Commissioners annually in the month of November, be- 
 ginning in the year 1909, and the members so elected shall be- 
 come members of said board of trustees on the fifteenth day of 
 January next following the date of their election, provided that 
 as soon as practicable after the passage of this Act, the Board 
 of School Commissioners shall elect two of its members to serve 
 as members of the said board of trustees until the members 
 elected in November, 1909, shall become members of said board 
 of trustees ; aud three members of the teaching force of Balti- 
 more city, who shall be elected in the following manner: On 
 the third IMonday of November in each year, beginning in the 
 year 1909, the members of the teaching force of Baltimore City 
 shall deposit with the said Board of Trustees a sealed ballot 
 containing the names of three teachers representing his or lier 
 choice for membership of the said board of trustees. The 
 Board of Trustees shall examine said ballots and ffive to each 
 teacher receiving a vote credit therefor, and the three teachers 
 receiving the highest number of votes under the said ballots 
 shall become members of the said Board of Trustees on the 
 fifteenth day of January next following the date of their elec- 
 tion. The Board of Trustees shall publicly announce the result 
 of said election not later than the fifteenth day of December 
 next following the date said ballots were deposited ; provided, 
 however, that on the third Monday of May, 1908, three mem- 
 bers of the teachiug force of Baltimore City shall be elected in 
 the manner provided, except the said ballots shnll bo deposited 
 with the Board of School Commissioners, which Board shall 
 examine such ballots and give to each voter receiving a vote 
 credit Iherefor, and the three teachers receiving the highest 
 number of votes under said ballots shall be members of said 
 Board of Triistcos until tlic nicinbers elected in the year 1909
 
 114 
 
 shall become members of said Board of Trustees. The Board 
 of School Commissioners shall publicly announce the result of 
 said election not later than June 15, 1908. As soon as practi- 
 cable after the passage of this Act the City Comptroller shall 
 call a meeting of said Board of Trustees. 
 
 1908, ch. 78. 
 
 102B. The members of the said Board of Trustees shall 
 hold office until their successors are elected and become mem- 
 bers as provided by the preceding section. In case of a vacancy 
 in said Board of Trustees by reason of death, resignation, or 
 through any other cause, of a member of the teaching force, the 
 Board of Trustees shall elect a member of said teaching force 
 as a member of said Board of Trustees for the unexpired term 
 of the person who has caused to be such ; in case of a vacancy 
 on said Board of Trustees by reason of death, resignation or 
 through any other cause, of a member of the Board of School 
 Commissioners, the said Board of School Commissioners shall 
 forthwith elect one of its members as a member of said Board 
 of Trustees for the unexpired term of the person who has 
 ceased to be such. 
 
 1908, ch. 78. 
 
 102C. A majority of said Board of Trustees shall consti- 
 tute a quorum for the transaction of all business, and the said 
 Board shall have full power to make and enforce all by-laws, 
 rules and orders that it may deem necessary or appropriate to 
 carry out the purposes of this Act, and said Board of Trustees 
 may take by gift, grant, devise or bequest, any money, personal 
 property, real estate or any interest therein, and any such gift, 
 grant, devise or bequest may be absolute, or upon the condition 
 that only the rents, profits and income arising from the same 
 shall be applied to the uses and purposes of the Teachers' Re- 
 tirement Fund, hereinafter mentioned, and said Board shall be 
 authorized to take such gift, devise or bequest under and by the 
 style of the Board of Trustees of the Teachers' Ketirement 
 Fund of Baltimore City, and to hold the same, or assign, trans- 
 fer or sell the same, whenever proper and necessary, under and 
 by such name. 
 
 • 
 
 1908, ch. 78. 
 
 102D, Said Board of Trustees shall elect from its members 
 a president, and shall appoint a secretary and a treasurer, both 
 of which offices may be held by the same person, and the said
 
 115 
 
 Board of Trustees shall have power to appoint such other em- 
 ■Dlovees as it mav from time to time deem necessary to carry out 
 the purposes of this Act, and the said board shall pay to the 
 secretary, treasurer and employees such salaries as may be 
 fixed by the board ; provided, that the salaries paid to the secre- 
 tary, treasurer and such other employees, and the number of 
 such other employees shall be subjected to the approval of the 
 Board of Estimates. It shall be the duty of the secretary to 
 keep a true and accurate account of the proceedings of said 
 Board of Trustees when acting upon matters relating to said 
 Teachers' Retirement Fund, and he shall perform such other 
 duties as the Board of Trustees shall direct. The secretary of 
 the Board of School Commissioners of said city shall act as 
 assistant secretary of the Board of Trustees with such additional 
 compensation therefor as may be fixed and paid by the Board of 
 Trustees, with the approval of the Board of Estimates, and it 
 shall be his duty to keep a true and correct statement of the 
 account of each member with the Teachers' Retirement Fund, 
 and to render to the Board of Trustees a monthly account of his 
 doings. The treasurer of said Board of Tmstees shall receive, 
 hold and keep account of all moneys belonging to the Teachers' 
 Retirement Fund ; he shall have the custody of all notes, bonds 
 and other securities belonging to said Teachers' Retirement 
 Fund, and shall collect the principal and interest of the same, 
 but before assuming to act as such treasurer, he shall furnish 
 bond in such penalty and with such surety or sureties as the 
 Board of Trustees may require, conditioned for the faithful per- 
 formance of the duties imnosed upon him by this Act, or that 
 may be assigned to him by the Board of Trustees, and for the 
 faithful accounting of all moneys and securities, including both 
 principal and interest, which may come into his hands and 
 which belong to the Teachers' Retirement Fund. Said treas- 
 urer, upon the expiration of his term of office, shall account to 
 said board for all moneys, notes, bonds and other securities 
 coming into his hands, and for the interest, income, profits, 
 rentals and proceeds of and from the same, and he shall turn 
 over to his successor all moneys, notes, bonds, and other securi- 
 ties belonging to said fund. The secretary, assistant secretary 
 and treasurer shall make a full, true and accurate account of 
 their offices whenever required so to do by the Board of Trustees. 
 
 1908, cli. 7S. 
 
 1021'^. Every teacher who is such at the time of the pas- 
 sage of this Act, shall, as soon as practicable thereafter, notify
 
 116 
 
 the said Board of Trustees, in wi-iting, whether he or she desires 
 to accept the advantages of this Act, or any amendments thereto, 
 and every such acceptance, when given, shall be irrevocable, and 
 no such teacher who does not so accept shall be eligible for 
 election to said Board of Trustees nor shall he or she have the 
 right to vote for members thereof, and every such teacher who 
 shall fail so to accept before January 1, 1909, shall not be 
 entitled to any benefits or advantages under this Act, until he 
 or she shall have first paid into the Teachers' Retirement Fund 
 an amount equal to the assessments he or she would have paid 
 into said fund had such acceptance been given on December 31, 
 3 908, together with twenty per centum of such amount. 
 
 1908. ch. 78. 
 
 102F. Hereafter the Board of School Commissioners shall 
 require all applicants for appointment as teachers to agree, as 
 a condition of appointment, to accept and abide by the pro- 
 visions of this Act or any amendments thereto, and to pay the 
 assessments provided for herein or that may be provided for 
 hereafter. 
 
 1908, ch. 78. 
 
 102G. All money, property of any kind or securities that 
 may come into the hands of the said Board of Trustees under 
 the provisions of this Act, or any amendments thereto, shall be 
 known as the Teachers' Retirement Fund, and the said Board 
 of Trustees is hereby clothed with full and complete power and 
 exclusive control over said fund, and is hereby empowered to 
 have, demand, receive, hold, invest and re-invest the same for 
 the promotion of the purposes of said fund, which shall consist 
 of the following: First, assessments upon the salary of every 
 teacher who shall notify the Board of Trustees of his or her 
 acceptance of the provisions of this Act and amendments 
 thereto, under section 102E, and assessments upon the salary 
 of each and every teacher who may be appointed after the date 
 of the passage of this Act, as follows: one per centum per 
 annum (but not more than $14.40) upon the salary of every 
 teacher who shall not have been engaged in excess of ten years 
 in the public schools of Baltimore City; one and one-half per 
 centum per annum (but not more than $21.60) upon the 
 salary of every teacher who shall have been engaged in excess of 
 ten years but not more than twenty years in said public schools ; 
 and two per centum per annum (but not more than $28.80) 
 upon the salary of every teacher who shall have been engaged
 
 117 
 
 longer than twenty years in said public schools, and the secre- 
 tary of the Board of School Commissioners shall prepare 
 monthly a roll of assessments and place opposite the name of 
 each and every teacher liable thereto one-twelfth of the amount 
 of the annual assessment payable by him or her, and shall 
 furnish forthwith a copy of such roll to the City Register, and 
 the said City Register shall deduct and retain out of the 
 monthly salary due to such teacher the amount of such monthly 
 assessment, and the sum of such monthly assessments shall be 
 immediately paid by the City Register to the said Board of 
 Trustees. Second : Sums received from the Mayor and Council 
 as follows: In case the Board of Trustees shall deem it ex- 
 pedient to have an additional sum to defray its expenses, to pay 
 the salaries provided for herein or to add to the Teachers' 
 Retirement Fund, the said Board of Trustees shall each year, in 
 due time, prepare a full and detailed statement of the assets 
 of said Teachers' Retirement Fund, and the additional sum 
 which is required to defray said expenses, to pay said salaries 
 or to add to the Teachers' Retirement Fund, and send the same 
 to the Board of Estimates, as other estimates are sent to it in 
 connection with the annual ordinance of estimates, and the 
 Board of Estimates is hereby empowered, in its discretion, to 
 insert such an appropriation in said ordinance for said pur- 
 poses as it may deem proper, and when said appropriation has 
 been received the same shall be paid over to the Board of 
 Trustees, and the unexpended balance remaining at the end of 
 each fiscal year shall be added to the permanent fund in 
 accordance with section 102M of this Act. Third : All money, 
 property of any kind or securities that may come into the hands 
 of said Board of Trustees for the purposes of said Teachers' 
 Retirement Fund by gift, grant, devise, bequest or otherwise. 
 
 1908, ch. 78. 
 
 102H. Tbe Board of School Commissioners may retire from 
 rcgulai" duty, upon its motion, and shall retire from regular 
 duty, upon his or her own motion, in either case the approval 
 of the Board of Trustees to be first obtained, any teacher who 
 has been such for a period of forty years at the time suc)i appli- 
 cation is made, and the teacher so retired, provided he or she 
 shall be entitled to the advantages of this Act under section 
 102E or 102F hereof, shall receive for life the salary provided 
 for by section 102O. Every teacher who is such at the time of 
 the passage of this Act, for the purposes of retirement uud'M- 
 this section or the next succeeding section, after service of
 
 118 
 
 twenty years as a member of the teaching force of Baltimore 
 City, shall be entitled to full credit for his or her years of 
 service as a public school teacher elesewhere. 
 
 190S, ch. 78. 
 
 1021. The Board of School Commissioners shall retire from 
 regular duty, upon his or her own application, any teacher wiio 
 has been such for a period of twenty years at the time such 
 application is made, and who is disabled or incapacitated from 
 performing regular duty, provided the Board of Trustees shall 
 find such teacher so disabled or incapacitated after an exami- 
 nation made by a physician appointed by said Board of 
 Trustees, the examination fee or charge to be paid by the 
 teacher examined, and the teacher so retired, provided he or 
 she shall be entitled to the advantages of this Act under sections 
 102E and 102F hereof, shall receive for life a salary of as 
 many fortieths of that provided for by section 102O, as he or 
 she may have served years at the time of such retiremont, and 
 if the Board of School Commissioners shall deem any teacher 
 who has been such for a period of twenty years at the time the 
 notices herein provided for are given, to be disabled or inca- 
 pacitated from performing regular duty, the said Board of 
 School Commissioners shall serve written notice to that effect 
 upon the said teacher, and the president or secretary of the 
 Board of Trustees, and proceedings shall then be had, after the 
 notice provided for in section 102K, in accordance with the 
 provisions of said section. If the Board of Trustees after such 
 proceedings are had, shall find the said teacher to be in;'apaci- 
 tated from performing regular duty, the Board of School Com- 
 missioners may retire such teacher from regular duty, and such 
 teacher, if so retired, shall be entitled to a salary in th'^ ■^nme 
 manner and amount as if he or she had been retired upon his 
 or her own application under this section. 
 
 1908, ch. 78. 
 
 102J. Unless teachers who may be retired under the two 
 preceding sections, shall have paid into said Teachers' Retire- 
 ment Fund, by way of assessment or otherwise, an amount 
 equal at least to that which he or she shall be entitled to vecr-ive 
 as a salary for the first year of retirement, the said Board of 
 Trustees shall deduct one-fifth of the deficiency thereof from the 
 amount of said salary for each of the first five years that the 
 same may be payable.
 
 119 
 
 1908, ch. 78. 
 
 102K. After any teacher shall have been retired under 
 section 1021, the Board of Trustees shall have the right at any 
 time to cause such teacher again to be brought before it and 
 examined by its physician, and also to examine other witnesses 
 for the purpose of ascertaining whether such teacher shall re- 
 main on the retired roll. The fee or charge of the examining 
 physician shall be paid by the Board of Trustees. Such teacher 
 shall be entitled to at least thirty days' notice, and to be present 
 at the hearing of any such evidence, shall be permitted to pro- 
 pound any question pertinent or relative to such matter, and 
 shall have the right to introduce evidence upon his or her own 
 behalf. Such teacher and all witnesses shall be examined under 
 oath, and any member of said Board of Trustees is hereby 
 authorized and empowered to administer such oath. If the 
 Board of Trustees shall find such teacher qualified for regiilar 
 duty, he or she shall report to the Superintendent of Public 
 Instruction of said city whenever required so to do by the Board 
 of Trustees, and said Superintendent shall assign such teacher 
 to such service or employment as may be within his or her 
 power to perform, in the judgment of such Superintendent and 
 of the examining physician employed by said Board of Trustees. 
 During the time of such employment such teacher shall receive 
 the regular salary therefor, and shall cease to be entitled to 
 any pa^Tnent out of said fund because of the disability or inca- 
 pacity, on account of which such teacher was originally retired. 
 Any teacher who may be retired under section 1021 and re- 
 assigned for active duty under this section, for the purposes of 
 later retirement under this Act, shall be considered as having 
 been in active service during the period of the former retire- 
 ment. 
 
 1908, ch. 78. 
 
 102 L Every teacher retired under the provisions of this 
 Act shall continue as an employee of the Mayor and City 
 Council, but shall be compensated from the Teachers' Retire- 
 ment Fund, as provided for in this Act, and it shall be the duty 
 of any teacher so retired to render, without extra compensation, 
 such teaching services and at such times as the Board of School 
 Commissioners shall direct, provided the Board of School Com- 
 missioners shall not direct any such retired teacher to perform 
 any teaching sei-vices except such as the Board of Trustees may 
 certify to the Ijoard of School Commissioners to l)e within the 
 reasonable physical power of such retired teacher, and provided
 
 120 
 
 further, that no such retired teacher shall be required to render 
 teaching service for a longer period than 15 days in any school 
 year. 
 
 1908, ch. 78. 
 
 102M. The Board of Trustees shall establish a permanent 
 fund to the credit of which shall be put and deposited all gifts, 
 grants, devises and bequests, all other receipts for the first two 
 years during which this Act shall have become operative, except 
 so much of such receipts as the Board of Trustees may require 
 during said two years to defray its expenses, and the unex- 
 pended balance remaining at the end of each fiscal year there- 
 after. And no part thereof shall be expended except the inter- 
 est and income thereof and therefrom ; provided, however, that 
 one-half of the amount added to such permanent fund during 
 any year may be used, if necessary, during the year imme- 
 diately following. 
 
 1908, ch. 78. 
 
 102]Sr. This Act shall not affect in anv wav the power of 
 the Board of School Commissioners to remove teachers from 
 service under the laws now in force. 
 
 1908, ch. 78. 
 
 102O. Upon the retirement of any teacher under section 
 102H, the person so retired shall be entitled to receive a salary 
 for life out of the Teachers' Retirement Fund equal to one-half 
 of his or her average annual salary for the five years imme- 
 diately preceding retirement, but no salary of any teacher .shall 
 be less than $360, nor greater than $600 per annum, and the 
 Board of Trustees, subject to such reasonable rules or regula- 
 tions as the board may adopt, shall pay the salaries to the 
 persons entitled thereto under this section and sections 102H 
 and 1021. 
 
 1908, ch. 78. 
 
 102P. Any teacher who shall cease to be such before receiv- 
 ing any benefits from said Teachers' Retirement Fund shall be 
 entitled to the return o:^ one-half of the amount without interest, 
 which shall have been paid into said Teachers' Retirement 
 Fund by such teacher; provided, however, should such teacliei 
 thereafter again teach in the public schools of said city, such 
 teacher shall repay to said Teachers' Retirement Fund the 
 amount so returned to such teachers, wathin one year from the
 
 121 
 
 date of his or her return to service in the schools, and upon such 
 repayment being made he or she shall be entitled to credit the 
 length of time of the former service. And should any teacher 
 die before receiving any of the benefits by this Act provided, the 
 Board of Trustees shall pay to such teacher's estate one-half the 
 amount, without interest, which shall have been paid into said 
 Teachers' Retirement Fund by said teacher. 
 
 1908, ch. 78. 
 
 102Q. No salary of any kind whatsoever provided for in 
 this Act shall be payable or paid during the first two years 
 during which said Act shall become operative; provided fur- 
 ther, should any contributors to said Teachers' Retirement 
 Fund make application for retirement under the provisions of 
 this Act during said two years, his or her name shall be placed 
 upon a waiting list, and he or she shall be retired in the order 
 of his or her application when said two years shall have expired, 
 but no teacher shall be retired by the Board of School Commis- 
 sioners under this Act until after the expiration of said two 
 years. 
 
 1908, ch. 78. 
 
 102R. The said Teachers' Retirement Fund and all salaries 
 granted and payable out of the same shall be and are exempt 
 from seizure or levy under attachment, execution, supplemental 
 process and all other process ; and such salaries or any payment 
 of the same shall not be subject to sale, assignment or transfer 
 by any beneficiary, and any such sale, assignment or transfer 
 of the same shall be absolutely void. 
 
 1908, ch. 78. 
 
 102S. The terms "teachers" and "members of the teaching 
 force of Baltimore City," as used in this Act, shall mean and 
 include any superintendent, principal, vice-principal, assistant 
 superintendent, supervisor, assistant supervisor, person in 
 charge of any special department of instruction and any teacher 
 or instructor regularly employed as such by the Board of 
 School Commissioners of said city. 
 
 DEPARTMENT OF CHARITIES AND CORRECTIONS. 
 
 103. There shall be a Department of Charities and Correc- 
 tions of the Mayor and City Council of Baltimore, which shall 
 consist of the Supervisors of City Charities and the Visitors to 
 the City Jail. The head of the Department of Charities aiid
 
 122 
 
 Corrections shall be a Board of Charities and Corrections 
 composed of the President and one other of the Supervisors of 
 City Charities, the President and one other of the Visitors to 
 the City Jail, and the Mayor ex officio. The Supervisors of 
 City Charities and the Visitors to the City Jail shall each desig- 
 nate their representative member. The President of the Super- 
 visors of City Charities shall be President of the Board of 
 Charities and Corrections. This Board shall be for consulta- 
 tion and advice, but it shall have no power to direct or control 
 the duties or work of any sub-department under this depart- 
 ment. It shall perform such other duties as may be required 
 of it by ordinances not inconsistent with this Article. 
 
 SUPEKVISORS OF CITY CHARITIES. 
 
 104. The Supervisors of City Charities shall be the first sub- 
 department of Charities and Corrections, and the head of this 
 sub-department shall be a board composed of nine persons, 
 appointed by the Mayor as provided in section 25 of this 
 Article, who shall be removable as therein provided. Their 
 term of office shall be for six years, three of them to retire at 
 the end of every two years; except that the Supervisors first 
 appointed shall determine by lot their terms of office, so as to 
 provide for the termination of the term of three Supervisors 
 each at the end of the first two and four years. The said 
 Supervisors shall have been citizens of Maryland for at least 
 five years, and residents of the City of Baltimore for at least one 
 year prior to their nomination. The Mayor, in the appoint- 
 ment of said Supervisors, shall designate one of their number as 
 President, and the Supervisors shall elect a Secretary, who shall 
 be paid a salary of one thousand five hundred dollars per 
 annum, payable monthly, and shall discharge such duties as the 
 Supervisors shall prescribe. The said Supervisors shall serve 
 without pay. They shall be appointed by the Mayor from 
 among those whom he deems, by reason of their intelligence, 
 experience and character, to be most capable of caring for the 
 poor, economically, intelligently and humanely. In the selec- 
 tion of said Supervisors and in their action, in matters relating 
 to the duties imposed upon them by law or ordinance, ecclesi- 
 astical or party ties shall not be regarded, so that the care of the 
 poor may be entirely out of the field of political or religious 
 differences and controversies. The duty of said Supervisors 
 shall be to determine what sick, insane or other destitute persons 
 are proper charges on the city, and to provide for the proper 
 care of such persons, in so far as money may be appropriated
 
 123 
 
 for that purpose bj the city. The Supervisors shall have the 
 power to appoint and fix the compensation of such officials and 
 subordinate employees as they may deem necessary for the 
 proper conduct of the business entrusted to them, not to exceed 
 in number of employees or aggregate amount in compensation 
 the limit fixed by ordinance. The Supervisors shall report 
 annually to the city upon all departments of their work, includ- 
 ing the work of those institutions with which the city has con- 
 tracted for the care of any poor persons, and they shall perform 
 all the duties heretofore performed by the Trustees of the Poor 
 unless otherwise provided in this Article. 
 
 1914, ch. 343. 
 
 104A. The Supervisors of City Charities shall also have 
 super\'ision over those persons committed to the criminal, penal 
 and reformatory institutions with which the Mayor and City 
 Council of Baltimore have contracts, and shall perform such 
 other duties as may be prescribed by ordinance, not inconsistent 
 with this Article. 
 
 105. All appropriations by the Mayor and City Council of 
 Baltimore for the treatment, care or support of the indigent 
 poor in institutions not owned by the city, or for dispensary 
 treatment shall be by contract, in which the city shall agree to 
 pay so much per capita for persons placed, treated or prescribed 
 for in such institutions or dispensaries so contracting with the 
 city, and in no case shall a gross sum be paid to any such insti- 
 tution or dispensary. Every such contract shall contain a stipu- 
 lation that the city shall incur no obligation therefrom for any 
 amount not provided for or in excess of the appropriation made 
 for the fiscal year in carrying out such contract. No public 
 moneys shall be paid to any institution or dispensary for the 
 treatment, care or support of any person until the said Super- 
 visors have determined and certified in writing that such person 
 is a proper subject of municipal aid. 
 
 In connection with appropriations by the Mayor and City Council 
 of Baltimore for treatment, care or support of indigent poor, in institu- 
 tions not owned by the city, see, 
 
 St. Mary's Indus. School v. Brown, 45 Md. 334. 
 
 106. ISTo appropriation shall be made or money expended for 
 the maintenance, outside of the Almshouse or other city home, 
 of any adult poor person or persons, except the sick, insane or 
 other special classes requiring special treatment, or homeless 
 perisons requiring temporary care only; provided, the city has 
 adequate accommodations at the Almshouse or other city home.
 
 124 
 
 All poor persons who, in the judgment of said Supervisors, 
 require special care or treatment outside of a city institution, 
 maj be placed by said Supervisors in any institution or institu- 
 tions with w^hich the city has contracted for such care or treat- 
 ment, which they, in the exercise of their judgment, after care- 
 ful inspection and inquiry, shall deem best fitted to give the 
 necessary care and treatment. 
 
 In connection with section 106, see provisions of Act. 1906, chapter 
 32 which re-enacts Article 4 of the Public General Laws of Maryland. 
 
 107. The Mayor and City Council of Baltimore, through 
 the said Supervisors, shall have care and supervision over such 
 children as shall be committed to or placed in those institutions 
 with which the city may have contracted and as shall have been 
 duly accepted by said Supervisors as proper charges on the city. 
 Said Supervisors shall have power to remove any child from 
 any such institution to which he or she has been committed or 
 placed, and to place said child in any other such institution, 
 when it is apparent to the Supervisors that from improper 
 treatment or for other good cause, the welfare of the child 
 requires such removal. No such child shall be discharged from 
 the institution to which he or she shall have been committed or 
 placed (unless by direction of a court of competent jurisdic- 
 tion), or be transferred to any other institutioji, or to the care 
 of any individual, without the approval and consent of the said 
 Supervisors. It shall be the duty of the Supervisors, as far as 
 is practicable, to place all destitute or neglected children who 
 are under their care or in their charge, in some institution or 
 home for children, or, without payment of board in some re- 
 spectable family in the State of Maryland, and to have the 
 children visited, and their circumstances carefully examined at 
 least once in every six months by one of the Supervisors or by a 
 skilled agent or agents appointed by them for the purpose. On 
 the preliminary question of the commitment of any destitute or 
 neglected child, said Supervisors, or their agent, shall be sum- 
 moned by the committing officer and heard as to whether the 
 parent or guardian of the child to be committed is entitled to 
 the aid of the city, and if on return of the summons of the said 
 Supervisors, or their agent, further time is required by them, 
 or him, to make inquiry as to the pecuniary ability of said 
 parent or guardian further time, not exceeding twenty-four 
 hours, shall be given. The wish and request of the parent or 
 guardian as to the place of commitment shall be respected, 
 unless good cause to the contrary be shoMru by the Supervisors.
 
 125 
 
 The Supervisors of City Charities shall have power to place 
 foundlings in any proper institution with which the city has a 
 contract. 
 
 P. L. L., (1860) Art. 4, sec. 42. P. L. L., (1888) Art. 4, sec. 39. 
 
 108. The Supervisors may admit into the Almshouse and 
 receive under their care, in addition to those paupers v/hich the 
 laws of this State authorize and require, such indigent or dis- 
 tressed persons as in their opinion the dictates of humanity or 
 particular circumstances render proper or necessary. In cases 
 of emergency any Supervisor may direct the admission of any 
 destitute, indigent or distressed person to the Almshouse. 
 
 P. L. L., (1860) Art. 4, sec. 43. P. L. L., (1888) Art. 4, see. 40. 
 
 109. The Supervisors shall prescribe, provide for, and direct 
 all matters relating to the support, treatment and employment 
 of all paupers, vagrants and other persons in the Almshouse, 
 or any other place under their care and charge. 
 
 P. L. L., (1860) Art. 4, see. 44. P. L. L., (1888) Art. 4, sec. 41. 
 
 110. The Supervisors shall procure, or erect and use all 
 such machinery, materials and implements as they shall think 
 proper or necessary for any purpose connected with their duties 
 or the exercise of the powers vested in them. 
 
 P. L. L., (I860) Art. 4, sec. 57. P. L. L., (1888) Art. 4, sec. 53. 
 
 111. The Supervisors shall meet at the Almshouse five times 
 in the year, to wit : in the first week of February, April, June, 
 October and December, or oftener, if they shall deem it neces- 
 sary; and shall make by a majority of votes of such as may be 
 present, all such good and wholesome rules and by-laws as they 
 may think necessary and convenient for the maintenance and 
 employment of the inmates of said Almshouse. 
 
 P. L. L., (I860) Art. 4, sec. 58. 1862, ch. 279. P. L. L., (1888) 
 
 Art, 4, sec. 54. 
 
 112. Upon complaint made to the Supervisors by the Super- 
 intendent of said Almshouse, and due proof thereof, that any 
 pauper in said Almshouse has behaved in a disorderly manner, 
 or has neglected to obey and keep any of the rules and by-laws, 
 the Supervisors may order and direct such moderate and proper 
 correction for any such oifence as the nature of the case may 
 require.
 
 126 
 SUPERINTENDENT OF ALMSHOUSE. 
 
 p. L. L., (1860) Art. 4, sees. 49, 51. P. L. L., (1888) Art. 4, sees. 46, 47. 
 
 113. The Supei'visors shall meet at the Almshouse on the 
 first Monday of April, yearly, and appoint a Superintendent of 
 said Almshouse, who shall receive a salary of one thousand six 
 hundred dollars per annum, payable monthly. They shall require 
 such Superintendent to enter into bond with sufficient security, 
 payable to the Mayor and City Council of Baltimore, in the 
 penalty of five hundred dollars, for the faithful performance of 
 the duties of his office. 
 
 P. L. L., (I860) Art. 4, see. 52. P. L. L., (1888) Art. 4, sec. 48. 
 
 114. In addition to such other duties as the Supervisors 
 may prescribe, the Superintendent shall keep a regular list of 
 all poor, beggars, vagrants, vagabonds and offenders who shall 
 be committed to said Almshouse, and also regulate accounts, 
 in writing, of all materials and other things which may come 
 to his hands, and of all expenses and charges attending their 
 maintenance and support, and of all moneys received by him 
 for the sale of the produce of their labor, and otherwise, as 
 Superintendent, and shall lay the same before the Supervisors 
 annually and whenever required. 
 
 PURVEYOR OF PROVISIONS. 
 
 p. L. L., (1860) Art. 4, sec. 46. P. L. L., (1888) Art. 4, sec. 43. 
 
 115. The Supervisors may appoint a Purveyor of Provi- 
 sions to said Almshouse, and fix his salary at a sum not to ex- 
 ceed fifteen hundred dollars per annum. It shall be the duty 
 of said Purveyor to provide and furnish provisions to said 
 Almshouse under the directions of said Supervisors, to whom he 
 shall annually return a statement or account of his receipts and 
 expenditures, to be examined and passed at their discretion. 
 
 P. L. L., (1860) Art. 4, sec. 47. P. L. L., (1888) Art. 4, sec. 44. 
 
 116. The Supervisors shall require the said Purveyor to 
 give bond and security to be approved by them, and in such 
 penalty as they shall direct, conditioned for the faithful per- 
 formance of the trusts reposed in him, and upon failure to com- 
 ply with the conditions thereof, they may direct said bonds to 
 be put in suit, and any sum of money recovered in such suits 
 shall be applied to the use of said Almshouse. 
 
 117. None of the foregoing provisions in sections 104 to 
 116 inclusive, shall apply to offenders, juvenile or adult.
 
 127 
 VISITORS OF THE JAIL. 
 
 1826, ch. 224. 1831, ch. 58. 1868, ch. 3. P. L. L., (1888) Art. 4, sec. 535. 
 
 1914, ch. 343. 
 
 118. The Visitors of the Jail shall be the second sub-de- 
 partment of Charities and Corrections, and the head of this 
 sub-department shall be a board consisting of nine persons, ap- 
 pointed by the Mayor in the manner prescribed in section 25 
 of this Article, who shall hold their offices as therein provided. 
 They shall serve without pay. One of their number shall be 
 designated by the Mayor, who shall be President of said Visi- 
 tors, and the said Visitors shall elect from their number a Sec- 
 retary. The Visitors to the Jail shall have charge and con- 
 trol, supervision and regulation of the Baltimore City Jail and 
 all reformatory, criminal and penal institutions belonging to 
 the city. The Visitors to the Jail shall have the power to pass 
 rules and regulations for their own government and for the gov- 
 ernment of the Baltimore City Jail and the aforesaid institu- 
 tions belonging to the city, not inconsistent with this Article, 
 and shall perform such other duties as may be required of them 
 by ordinances not inconsistent with this Article. 
 
 Field V. Malster, 88 Md. 691. Beasley v. Ridout, 94 Md. 675. (This 
 case construes Acts of Assembly relating to Visitors of the Jail.) 
 
 P. L. L., (1860) Art. 4, sec. 574. P. L. L., (1888) Art. 4, sec. 541. 
 
 119. The said Visitors shall meet on the first Tuesday of 
 every month or at such other times as they may direct ; special 
 meetings may be called at any time by the President, or any 
 two members, on giving three days' notice in writing to the 
 members. 
 
 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 575. P. L. L., (188S) 
 
 Art. 4, sec. 542. 
 
 120. The said Visitors shall have full power and authority, 
 as often as they may deem it necessary, to visit the jail and 
 the prisoners confined therein ; to make by-laws for the internal 
 police and good government thereof, and for the preservation 
 of the buildings and other property. 
 
 1898, ch. 412. 
 
 120a. Whenever the Board of Visitors of the Baltimore 
 City Jail may deem it necessary, they shall have full power to 
 summon the State Lunacy Commission to examine and pass 
 upon the mental condition of the convicts, and if the; convict or 
 convicts so exaniiufd be adjudged insane or luiuitic by said
 
 128 
 
 commission, or a majority thereof, and removal be deemed ad- 
 visible, said commission shall make a complaint to the judge 
 of the Criminal Court of the City of Baltimore, who shall have 
 the power to order the removal of such insane or lunatic con- 
 vict or convicts to the Bay View Asylum for treatment. 
 
 P. L. L., (1860) Art. 4, sec. 576. P. L. L., (1888) Art. 4, sec. 543. 
 
 121. The said Visitors shall regulate and provide the diet 
 of the prisoners, procure necessary bedding and clothing for 
 their use; make such repairs, alterations and improvements 
 in and about the jail as they may deem necessary, and provide 
 medicine and attendance for such of the prisoners as are sick. 
 
 1884, ch. 368. P. L. L., (1888) Art 4, sec. 544. 
 
 122. All persons confined in Baltimore City Jail, under sen- 
 tence of the Criminal Court of Baltimore, for offences punisha- 
 ble by confinement therein, or committed by any Judge, Court, 
 Justice of the Peace, or other lawful authority having jurisdic- 
 tion to commit such person to said jail, either as a punishment 
 for the violation of any law or ordinance, or under or by virture 
 of any law or ordinance, or for failure to pay any fine or costs 
 imposed upon such person by any such Judge, Court, Justice 
 of the Peace or other lawful authority, shall be kept by tlie 
 Visitors to the Jail at hard labor in some useful employment. 
 The said Visitors to the Jail shall frame such regulations as 
 shall be necessary to the industry, quiet and discipline of such 
 persons, and shall have them kept separate from persons in 
 confinement awaiting trial, or for other causes. 
 
 P. L. L., (1860) Art. 4, sec. 578. P. L. L., (1888) Art. 4, sec. 545. 
 
 123. The said Visitors shall also reciuire all vagrants con- 
 fined in said jail to work and labor about the premises. 
 
 P. L. L., (I860) Art. 4, sec. 579. P. L. L., (1888) Art. 4, sec. 516. 
 
 124. The said Visitors mtiy, 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. 
 
 Section 1 of the Act of 1906, ch. 71, reads as follows : 
 
 "Be it enacted by the General Assembly of Maryland that the Visitors 
 
 of the Jail in Baltimore City, be and they are hereby unconditionally 
 
 authorized and empowered to contract, upon such terms as to price or 
 
 otherwise as they may deem expedient or proper, with any person or
 
 129 
 
 corporation, in their discretion, for the erection at the Baltimore City 
 Jail of a workshop for its uses; provided that the cost of erecting said 
 workshop shall be paid for by the hire to the contractor, as now author- 
 ized by law, and as fixed in amount or otherwise by the said visitors, in 
 their discretion, of inmates of said Jail." 
 
 P. L. L., (1860) Art. 4, sec. 5S0. P. L. L., (1888) Art. 4, sec. 547. 
 
 125. The said Visitors shall keep regular books of accounts, 
 iu which the whole expenses of the jail, whether for supplies, 
 salaries of officers, repairs or incidentals, shall be distinctly 
 stated. 
 
 WARDEN OF JAIL. 
 
 1826, eh. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 581. 
 P. L. L., (1888) Art. 4, sec. 548. 
 
 126. The said Visitors shall appoint a fit person as Warden 
 of the Baltimore City Jail. They shall allow the said Warden 
 and his assistants and other employees and servants such com- 
 pensation as in their judgment is proper, not to exceed in the 
 aggregate the amount appropriated by ordinance. The said 
 Visitors shall at their will and pleasure remove the said War- 
 den. 
 
 P. L. L., (1860) Art. 4, sec. 581. P. L. L., (1888) Art. 4, sec. 548. 
 
 127. It shall be the duty of the Warden of the Baltimore 
 City Jail to take charge of the prison and prisoners therein, 
 and exercise, during his continuance in office, the same powers, 
 and be subject to the same forfeitures, and be responsible for 
 escapes in the same manner, and to the same extent, as sheriffs 
 of the respective counties, and he shall perform such other 
 duties as shall be required of him by said Visitors. 
 
 1826, ch. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 583, 
 P. L. L., (1888) Art. 4, sec. 550. 
 
 128. The said Warden, before he enters upon the duties 
 of his office shall give bond to the State with good security to 
 be approved by the Visitors, in the penalty of ten thousand dol- 
 lars, conditioned for the faithful performance of his duty as 
 Warden, and for the safe-keeping of all such persons as shall be 
 committed by legal authority to the Baltimore City Jail, which 
 bond shall be filed with the Comptroller. 
 
 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 584. P. L. lu, (18SS) 
 
 Art. 4, sec. 551. 
 
 129. The said Warden shall also take and subscribe; an (tath 
 0)
 
 130 
 
 that he will duly and faithfully execute the duties aud trusts, 
 and exercise the powers committed to and vested in him as 
 Warden of the Baltimore City Jail. 
 
 1826, ch. 224. P. L. L., (1860) Art. 4, sec. 585. P. L. L., (1888) 
 
 Art. 4, sec. 552. 
 
 130. The Visitors shall prescribe the number and duties of 
 the assistants who may be necessary to be employed by said 
 Warden, but the Warden shall have the appointment and re- 
 moval of such assistants, subject to the approval of the Visitors, 
 and shall fix their compensation, not to exceed in the aggregate 
 the amount appropriated by ordinance. 
 
 1826, ch. 224. P. L. L., (1860) Art. 4, sec. 586. P. L. L., (1888) 
 
 Art. 4, sec. 553. 
 
 131. All commitments of prisoners to the Baltimore City 
 Jail shall be directed to the Warden of said jail, whose duty it 
 shall be to receive the prisoners from the officers having them 
 in charge. 
 
 1826, ch. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 587. 
 P. L. L., (1888) Art. 4, sec. 554. 
 
 132. The Warden shall conduct all prisoners in his custody 
 to and from the courts, when the said courts shall direct him 
 to do so. 
 
 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 588. P. L. L., (1888) 
 
 Art. 4, sec. 555. 
 
 133. The Warden shall account with the Visitors for all 
 sums of money which he may collect from any source connected 
 with the institution. 
 
 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 591. P. L. L., (1888) 
 
 Art. 4, sec. 558. 
 
 134. The Visitors shall annually, during the month of Jan- 
 uary, make out and lay before the Mayor and City Council 
 of Baltimore a full statement of all the public money received 
 by them from the City Register or from any other source, and 
 the manner in which it has been expended. 
 
 P. L. L., (1860) Art. 4, sees. 592, 593. P. L. L., (1888) Art. 4, sees. 559, 560. 
 
 135. No spirituous or malt liquors shall be disposed of, sold 
 or given away within said jail, and any employee or servant of 
 said jail disposing of, selling or giving away, or being con- 
 cerned with others in the disposal, selling or giving away of
 
 131 
 
 anv spirituous or malt liquors as aforesaid to any person com- 
 ing to said jail on a visit, or to any prisoner confined therein, 
 or to any other person, except by order of the attending physi- 
 cian, shall forfeit and pay the sum of one hundred dollars, to be 
 recovered by indictment, one-half to go to the informer, and 
 the other half to be applied to the use of the city. 
 
 P. L. L., (1860) Art. 4, sees. 595, 596. P. L. L., (1888) Art. 4, 
 
 sees. 561. 562. 
 
 136. If the Warden or his Assistants, or any employee or 
 servant of said jail, shall introduce any such spirituous or malt 
 liquors, or suffer them to be introduced as aforesaid, knowing 
 it to be contrary to law; or shall permit any person (with the 
 exception of the attorney of a person confined in said prison) 
 to enter said jail without license, as herein provided, each and 
 every one of them so offending shall be suspended from his 
 office and be incapable of holding any office or charge within 
 said prison for the space of one year thereafter. 
 
 P. L. L., (1860) Art. 4, sec. 594. P. L. L., (1888) Art. 4, sec. 563. 
 
 137. 1^0 person, except the attorney of a prisoner, shall be 
 permitted to visit a prisoner within said jail or lot, unless by 
 special license from the Warden, or some Judge, or other person 
 legally authorized to give the same. 
 
 P. L. L., (1860) Art. 4, sec. 598. P. L. L., (1888) Art. 4, sees. 564, 565. 
 
 138. All persons hereafter sentenced to be imprisoned in 
 said jail for offences by the Criminal Court of Baltimore shall 
 be kept on prison fare, and not be allowed any other food or 
 drink, unless by the written direction of the physician of the 
 iail. 
 
 CONVICTS. 
 
 1880, ch. 4. P. L. L., (1888) Art. 4, sec. 568. 
 
 139. All persons who shall hereafter be convicted of any 
 offense punishable by confinement in said Baltimore City Jail, 
 and confined in said jail under a sentence for a longer period 
 than two calendar months, shall each have a deduction from 
 their several terms of sentence of five days for each and every 
 calendar month during which no charge of misconduct shall 
 have been sustained against them, and they sliall be discharged 
 at tlie expiration of their respective terms of senten(!e, less the 
 time so deducted, and a certificate of the Warden of said Jail 
 of such deduction shall be entered on the warrant of com-
 
 132 
 
 mitment ; provided, that if, during the term of imprisonment, 
 the prisoner shall commit any act of insubordination or other 
 violation of discipline, the Visitors to the Jail may, at their 
 discretion, reduce and annul entirely such deductions. 
 
 P. L. L., (1860) Art. 4, sec. 159. P. L. L., (1888) Art. 4,. sec. 569. 
 
 140. All persons confined in said jail under the provisions 
 of the preceding section shall be kept separate from such per- 
 sons as are in confinement for offenses other than those re- 
 ferred to in the preceding section, or who may be awaiting trial. 
 
 VAGEAl^TS. 
 
 1862, ch. 8. P. L. L., (1888) Art. 4. sec. 570. 
 
 141. The Warden of the Baltimore City Jail shall prepare 
 and send to the Judge of the Criminal Court of Baltimore, on 
 each and every Saturday, a full and complete list of the 
 names of all persons who are committed to his custody by the 
 Justices of the Peace of said city, either as vagrants or in 
 default of security to keep the peace ; and the Judge of the said 
 Court shall have full power to review the said commitments; 
 and upon examination of the various cases so reported to him 
 by the Warden of the Jail as aforesaid, he shall discharge or 
 recommit the said parties for a term not to exceed six months, 
 as in his discretion may be most conducive to the preservation of 
 public peace and order. The Justices of the Peace of the City 
 of Baltimore are prohibited from charging costs in the cases 
 above named, unless the parties are recommitted by order of the 
 Judge of said Court. 
 
 1880, ch. 51. P. L. L., (1888) Art. 4, sec. 571. 
 
 142. When any person arrested in the City of Baltimore 
 shall be held in custody until such person can give security to 
 keep the peace, or shall be committed to jail or the House of 
 Correction in default of such security, such person shall be 
 chargeable with and shall pay all costs prescribed by the laws 
 of this State for such arrest, commitment, or giving security to 
 keep the peace, and in default of the payment thereof shall 
 be committed to jail until such costs and the costs of his release 
 shall be paid, or until thence discharged by due course of law: 
 and said costs shall be accounted for and paid over by said 
 respective Justices of the Peace so sitting at the respective sta- 
 tion houses in the manner in which all costs paid to such Justices 
 of the Peace so respectively sitting at such station houses in the
 
 133 
 
 City of Baltimore, are now or may hereafter be required by law 
 to be accounted for and paid over. 
 
 1886, ch. 373. P. L. L., (1888) Art. 4, sec. 572. 
 
 143. Whenever any person has been committed to the Bal- 
 timore City Jail on the charge of drunkenness or disorderly 
 conduct, and he is deemed by the physician in charge of said 
 jail a proper subject for the Almshouse, the Visitors to the Jail 
 shall have power to transfer said person to said Almshouse. 
 
 1886, ch. 373. P. L. L., (1888) Art. 4, sec. 573. 
 
 144. Whenever any person has been committed to the Bal- 
 timore City Jail on the charge of drunkenness or disorderly 
 conduct who is affected with any form of disease that in the 
 judgment of the physician of said jail would require a longer 
 time than the term of sentence to cure, or in any .case where the 
 accommodation, comfort, care and nursing cannot be furnished 
 by the said jail, or in case of any person who may be insane 
 at the time of committal, or become insane during the term for 
 which committed, the said Visitors to the Jail shall have the 
 power to release and send such person to his or her home, or to 
 some infirmary, hospital or to the Almshouse^, where provision 
 has been made by the City of Baltimore for the reception of 
 such cases. 
 
 M. & C. C. of Baltimore v. Keeley Institute, 81 Md. 106. 
 
 DEPARTMENT OF REVIEW AND ASSESSMENT. 
 
 145. There shall be a Department of Review and Assess- 
 ment of the Mayor and City Council of Baltimore, composed 
 of the x^ppeal Tax Court and the Commissioners for Opening- 
 Streets. The head of this department shall be the Board of 
 Review and Assessment, to consist of the President of the Ap- 
 peal Tax Court, the President of the Commissioners for Open- 
 ing Streets, and the Mayor ex officio. The President of the said 
 Court shall be the President of the Board of Review and As- 
 sessment. This Board shall be for consultation and advice, but 
 it shall have no power to direct or control either sub-department. 
 It shall perform such duties as may be prescribed by ordinances 
 not inconsistent with this Article. 
 
 APPEAL TAX COURT. 
 
 1H74, oh. 483. 1888, ch. 98, sec. 22. P. L. L.. (1888) Art. 4, Sec. 842. 
 
 146. The Appeal Tax Court shall be the first sub-depart-
 
 134 
 
 ment of Review and Assessment, and its head shall be a bench 
 composed of three members, appointed by the Mayor in the man- 
 ner prescribed in section 25 of this Article, and removable as 
 therein provided. One of their number shall be President, and 
 shall be so designated when appointed by the Mayor. Their 
 term of office shall be for three years, one member to retire every 
 year ; except that the members of the Court first appointed shall 
 determine by lot their terms of office, so as to provide for the 
 termination of the term of one member each at the end of the 
 first and second years. Each member of said Court shall receive 
 a salary of two thousand dollars per annum, payable monthly. 
 The said Court shall appoint a Clerk, who shall receive a salary 
 of one thousand six hundred dollars per annum, payable 
 monthly, and shall perform such duties as the Court may pre- 
 scribe. The said Court may also appoint such other employees 
 as the city by ordinance may direct. 
 
 Baltimore City v. Johnson, 96 Md. 742. Joesting v. Baltimore City, 
 97 Md. 596. 
 
 1874, ch. 483. 1888, ch. 98, sec. 22. P. L. L., (1888) Art. 4, see. 842. 
 
 147. The said Court shall meet from time to time for the 
 purpose of hearing appeals and making transfers and correcting 
 the accounts of assessable property charged to taxpayers, and 
 the assessment thereof. The said Court may also appoint such 
 number of assessors as they may deem necessary in investigating 
 and ascertaining all omitted and taxable property, and assessing 
 and returning the same to the said Court, not to exceed such 
 number as by ordinance may be authorized. 
 
 Robinson v. Baltimore, 93 Md. 208. 
 The Appeal Tax Court cannot be required to sit as a Court of review. 
 
 Consol. Gas Co. v. Baltimore, 101 Md. 541. 
 Many of the provisions of this Article relating to assessments have 
 been embodied from Art. 50, City Code (1893). 
 
 1841, ch. 23, sec. 43. 1841, ch. 116. 1847, ch. 266, sec. 16. P. G. L., 
 
 (1860) Art. 81, sec. 7. 1874, ch. 483, sec. 5. P. G. L., (1888) 
 
 Art. 81, sec. 6. 1894, ch. 165. P. G. L., (1904) 
 
 Art. 81, sec. 7. 
 
 148. Every assessor provided for in this sub-division of this 
 Article shall annually inform himself, by all lawful means, 
 of all property, real and personal, and stocks or investments 
 in the city, liable to taxation or assessment, and which may 
 have been omitted in the assessment, and all buildings and im- 
 provements, and all property created or acquired since the last 
 assessment, and shall value the same at the full cash value there- 
 of, and shall make return thereof to said Court, and for the pur-
 
 135 
 
 poses of this section the said assessors are hereby clothed with 
 the powers of general assessors, and their valuation shall be 
 subject to revision and correction by said Court. 
 
 O'Neal V. Va. & Md. Bridge Co., IS Md. 24. Co. Commr's v. Union 
 Mining Co., 61 Md. 547. Hopkins v. Baker, 78 Md. 363. Hopkins v. 
 Van Wyck. SO Md. 7. Skinner Dry Dock Co. v. Balto. City, 96 Md. 40. 
 Consol. Gas Co. v. Baltimore City, 101 Md. 541. 
 
 The life tenant is responsible for taxes, Stansbury v. Nicholl, Daily 
 Record, Aug. 2, 1901. 
 
 1841, ch. 266, sec. 16. P. G. L., (1860) Art. 81, sec. 8. 1874, ch. 483, 
 
 sec. 6. P. G. L., (1888) Art. 81, sec. 7. 
 
 P. G. L., (1904) Art. 81, sec. 8. 
 
 149. The assessors shall be allowed such compensation for 
 the performance of their duties as the citv may by ordinance 
 direct. 
 
 1880, cli. 230. P. L. L., (1888) Art. 4, sec. 843. 
 
 150. Before increasing the assessment of any property which 
 has been theretofore asssessed, or adding any new property not 
 valued and returned to them by the proper assessor, it shall be 
 the duty of the said Court, as the case may be, to notify the 
 owner of such property by written or printed summons, con- 
 taining such interrogatories in regard to the property as they 
 may require to be answered on oath, and appointing a certain 
 day for such owner to answer such interrogatories, either orally 
 or in writing, and to make such statement, or present such proof 
 as he may desire in the premises; and such notice shall be 
 served on such owner or left at his place of abode at least five 
 days before the day of hearing appointed in such summons. 
 Such owner may answer the interrogatories contained in such 
 summons, and may appear on such return day and answer the 
 same under oath, orally, before said Court, and may present 
 such testimony as he may desire and said Court may think 
 necessary and proper to be heard. In case such owner, after 
 being summoned, shall fail to answer in writing on oath, or to 
 appear and answer orally such interrogatories, such Court, after 
 such return day has passed, may proceed to re-value and re- 
 assess said property, or add such new property, according to its 
 best judgment and information in the premises; but no such 
 re-valuation and re-assessment shall be made by such Court 
 without giving such notice ; provided, that nothing in this section 
 shall be construed to apcly to the valuation and assessment of 
 now improvements or new property discovered and assessed 
 and returned to the said Court by the proper assessor whose duty 
 it is to assess and return the same.
 
 136 
 
 Co. Comm'rs v. Union Mining Co., 61 Md. 546. Allegliany Co. v. N. 
 Y. Mining Co., 76 Md. 556. Baltimore Co. v. Winand, 77 Md. 524. 
 Hopkins v. Van Wyck, SO Md. 15, 17. Myers v. Baltimore Co., 83 Md. 
 393. Balto. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 113. Gittings 
 V. Mayor, 95 Md, 419. Skinner Dry Dock Co. v. Baltimore, 96 Md. 40. 
 Baltimore City v. Poole, 97 Md. 70. 
 
 1844, ch. 234, sec. 2. P. G. L., (1860) Art. 81, sec. 98. 1874, ch. 483. 
 
 P. G. L., (1888) Art. 81, sec. 89. P. L. L., (1888) Art. 4, sec. 
 
 486. P. G. L., (1904) Art. 81, sec. 104. 1908, ch. 164. 
 
 151. The Citj Register shall, on the first dav of each and 
 every month in which the interest on city stock is payable, make 
 out and deliver to the said court a full and accurate list of the 
 holders of all public stock, the interest on which is payable in 
 said respective month. 
 
 Sec. 160 of Art. 81, Public General Laws, Code 1904, as re-enacted 
 by Act 1906, ch. 467, reads as follows : 
 
 160. Any corporation having a capital stock divided into shares and 
 owning as an investment of part of its capital any of the stock debt of 
 this State upon which the State Tax has been deducted by the Treasurer, 
 or of the stock debt of the City of Baltimore on which the State Taxes 
 have been paid or are payable by said City, or shares in any bank or 
 other corporation of this State upon which the State and County or City 
 taxes are levied and paid, or are payable by such bank or other corpora- 
 tion, may report the same in detail under the oath of the President, 
 Cashier, Treasurer or other proper officer to the State Tax Commissioner, 
 and the amount of such stock debt or debts, or the assessed value of 
 such capital stock so owned, and upon which such taxes are paid or 
 payable as aforesaid, shall be allowed as a credit in the settlement of 
 the taxes on the shares of capital stock of such corporation so owning 
 the same ; and any corporation not having capital stock divided into 
 shares, and owning as an investment of part of its assets any of the 
 stock debt of this State upon which the State tax has been deducted 
 by the Treasurer, or of the stock debt of the City of Baltimore on which 
 the State taxes have been paid or are payable by said City, or shares 
 of the capital stock of any bank or other corporation of this State, upon 
 which the State and County or City taxes are levied and paid, or are 
 payable by such bank or other corporation, may report the same in 
 detail, under the oath of its President. Cashier, Treasurer or other 
 proper officer to the State Tax Commissioner, and the amount of such 
 stock debt or debts, or the assessed value of such shares of capital stock 
 so owned, and upon which such taxes have been paid or are payable as 
 aforesaid, shall be allowed as a credit in the settlement of the taxes on 
 the assets of such corporation so owning the same ; but no credit shall 
 be allowed to any sueh corporations by reason of any investments on 
 which the taxes are not paid or payable as aforesaid, nor by reason of 
 the ownership by said corporation or corporations of the stock debt of 
 the City of Baltimore that shall be hereafter issued under the loans 
 authorized by Chapters 274. 338 and 349 of the Acts of the General 
 Assembly of Maryland for 1904, known as the Annex. Park Extensions 
 and Sewer Loans, respectively, or under any other loans that may be
 
 137 
 
 hereafter authorized by the General Assembly of Maryland, provided, 
 however, that a credit shall be allowed to any such corporation by reason 
 of its ownership of Baltimore City Burnt District Loan Stock, issued 
 under Chapter 468 of the Acts of 1904, the Water Loan issued under 
 Chapter 333 of the Acts 1902, and the Conduit Loan issued under Chap- 
 ter 246 of the Acts of 1902, whether heretofore or hereafter issued ; nor 
 shall such credits be allowed in any case where the officer making such 
 return for such corporation shall fail to state in such return that said 
 investments are owned by the corporation of which he is such officer, 
 and are not held by such corporation as security for any loan, or as a 
 collateral security for any payment, or other purpose. 
 
 1844, ch. 234, sec. 3. P. G. L., (1860) Art. 81, see. 99. 1874, ch. 483. 
 
 P. G. L., (1888) Art. 81, sec. 90. P. L. L., (1888) Art. 4, 
 
 sec. 847. P. G. L., (1904) Art. 81. sec. 105. 
 
 152. The said Court shall in each year carefully examine 
 the said lists and correct the same by striking therefrom all 
 the holders of said stock who may be exempt from taxation on 
 said stock, and shall, on or before the first day of September, 
 annually deliver one copy of the said list, as corrected by them, 
 to the City Register, and one copy thereof to the State Comp- 
 troller, setting forth distinctly in said copies the assessed value 
 of the stock mentioned therein. 
 
 1844, ch. 234, sec. 4. P. G. L., (1860) Art. 81, sec. 100. 1874, ch. 483, 
 
 sec. 92. P. G. L., (1888) Art. 81, sec. 91. P. L. L., (1888) 
 
 Art. 4, sec. 848. P. G. L., (1904) Art. 81, sec. 
 
 106. 1908, ch. 164. 
 
 153. The City Register shall retain from the interest paid 
 
 oil the several city loans to the holders thereof, included in tbe 
 
 said corrected list returned to him by the said Court, the State 
 
 tax imposed for the current year on such loans by the Code of 
 
 Public General Laws. He shall make such deductions from the 
 
 installments of interest payable from time to time on said city 
 
 stock, and he shall, as soon as practicable after the first day of 
 
 September in each year, pay over such State taxes to the State 
 
 Comptroller. 
 
 The provisions of this section arc rendered obsolete by Act of 1914, 
 Chapter 43. 
 
 1844, ch. 234, sec. 5. P. G. L., (1860) Art. 81, sec. 101. 1874, ch. 483, 
 
 sec. 93. P. G. L., (18&8) Art. 81, sec. 92. P. L. L.. (1888) 
 
 Art. 4, sec. 849. I'. G. L., (1904) Art. 81, sec. 
 
 107. 1908, ch. 164. 
 
 154. If the City Register-, shall, at any time, fail to make 
 out and deliver to the said Court the list of holders of said stock 
 loans, as herein required, it shall be the duty of the said Court 
 
 \
 
 138 
 
 to ascertain in such manner as they may deem most accurate, 
 the amount of said stock loans of the City of Baltimore out- 
 standing on the first day of each and every month in which 
 the interest on said city stock is payable in the year in which 
 such failure, or refusal, shall take place, and on or before the 
 first day of September in said year, make and deliver one copy 
 of a statement certified by them, showing the amount of said 
 stock so ascertained by them, and its assessed value to the City 
 Register, and one copy thereof to the State Comptroller; and 
 the City Register shall thereupon pay the tax aforesaid, which 
 he is in section 153 of this Article directed to deduct from the 
 interest payable on said loans, but the City Register shall not 
 be required to set apart and pay over the said tax on any part 
 of said stock loans which he may satisfy the State Comptroller 
 by a certificate to that effect, signed by the said Court, or by 
 other satisfactory evidence was held on the first day of the 
 month in which the interest on said city stock was payable 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. 
 Under Sections 151 to 154, city liable for State tax on its stock. 
 Baltimore v. State, 105 Md. 2. 
 (City stock exempted by Act of 1914, Chapter 43). 
 
 1844, ch. 234, sec. 6. P. G. L., (1860) Art. 81, sec. 102. 1874, ch. 483, 
 
 sec. 94. P. G. L., (1888) Art 81, sec. 93. P. L. L., (1888) 
 
 Art. 4, sec. 850. 1892, ch. 567. P. G. L., 1904, 
 
 Art. 81, sec. 108. 
 
 155. Each member of the said Court shall receive fifty dol- 
 lars, annually, for the services required in the three preceding 
 sections ; and the City Register, the sum of three hundred dol- 
 lars for the services therein required of him; the said sums 
 to be paid by the Treasurer on the warrant of the State Comp- 
 troller in pursuance of Article 81, section 108, of the Code 
 of Public General Laws. 
 
 1906, ch. 84. P. G. L., ,(1904) Art. 81, sec. 138. 
 
 155a. The president or other proper officer of the banks, 
 State and National, and other incorporated institutions in the 
 several counties, the City of Baltimore and other incorporated 
 towns of Maryland, shall annually on or before the first day 
 of March, furnish to the County Commissioners of each County 
 or the Appeal Tax Court of Baltimore City and the City Clerk 
 of each city, town or village incorporated in the State of IMary- 
 land, in which any of its stockholders may reside, a list of the 
 said stockholders, so far as their place of residence may be
 
 139 
 
 known to such officer, together with the number of shares of 
 stock held by each. Said list shall show the stockholders of 
 such banks and other incorporated institutions as they stand 
 on the hrst day of January preceding, together with their resi- 
 dences and the number of shares held by each on said date, and 
 the taxable value of such respective shares of stock, ascertained 
 as hereinafter provided, shall for county and municipal pur- 
 poses be valued to the owners thereof in the manner hereinafter 
 as of the preceding first day of January of each year, and taxes 
 thereon shall be collected for such banks and other incorporated 
 institutions in the manner hereinafter provided as of said first 
 day of January. In case the president or other proper officer of 
 said bank or other corporation fail or refuse to furnish a state- 
 ment as herein required to the County Commissioners or Appeal 
 Tax Court or City Clerk aforesaid, on or before the day herein- 
 before specified for that purpose, then for each day that. shall 
 thereafter elapse until the said statement shall be furnished, 
 the said bank or other corporation shall pay to the County Com- 
 missioners, or Mayor and City Council of Baltimore, or other 
 municipal corporation, as the case may be, the sum of one hun- 
 dred dollars, and for the valuation and effectual collection of 
 taxes assessed on the stock of banks or other incorporated insti- 
 tutions, held by non-residents, the president or other proper 
 officer of the corporation shall annually on or before the first day ' 
 of March make out and deliver to the County Commissioners 
 of the County or the Appeal Tax Court or City Clerk of the 
 municipal corporation where said corporation is situate, an 
 account of the number of shares of stock in such corporation 
 held by persons not residents of this State as of the first day 
 of January preceding, and the same shall be valued at its actual 
 cash value, to and in the name of such stockholders respectively 
 as of said first day of January preceding ; but the tax assessed on 
 such stock shall be levied and collected from said corporation, 
 and may be charged to the account of such non-resident stock- 
 holders in the said corporation, and shall be a lien on the stocks 
 therein held by such stockholders, respectively, until paid, and 
 in no case shall the stock of any corporation, in the aggregate, 
 be valued at less than the full value of the real estate aud chat- 
 tels, real or personal, held by or belonging to such corporation 
 in the several counties and City of Baltimore, whether the 
 shares of said stock are quoted on the market or not; in case 
 of faihu'e or refusal to comply with this requii-cnient, the said 
 bank or other incorporated institution slnill be liable to the 
 peiudty hereinbefore prescribed, and the president and cashier 
 or treasurer of any such bank or other incorporated institution
 
 140 
 
 failing to comply in every respect with the provisions of this 
 section shall be liable to indictment therefor, and on conviction 
 shall be fined not less than five hundred dollars nor more than 
 five thousand dollars, in the discretion of the Court, and shall 
 stand committed until such fine is paid. 
 
 1843, ch. 208, sec. 17. 1847, ch. 266, sec. 15. P. G. L., (1860) Art. 81, 
 
 sec. 18. 1874, ch. 483, sec. 16. P. G. L., (1888) Art. 81, 
 
 sec. 17. P. G. L., (1904) Art. 81, sec. 15. 
 
 156. Whenever any person shall make application for an 
 allowance or deduction on account of the sale, transfer, aliena- 
 tion, loss or removal of any property, or the collection or pay- 
 ment of any public or private security for money, the said 
 Court shall interrogate him on oath in reference thereto, 
 and the disposal of the same, and especially inquire of him to 
 whom the same has been sold or transferred, and the amount of 
 the purchase money or the money collected, and how the same 
 has been invested. 
 
 Skinner & Sons Co. v. Baltimore City, 96 Md. 32. 
 
 1847, ch. 266, sec. 15. P. G. L., (1860) Art. 81, sec. 19. 1874, ch. 483, 
 
 sec. 17. P. G. L., (1888) Art. 81, sec. 18. 
 
 P. G. L., (1904) Art. 81. sec. 16. 
 
 157. The said Court shall also interrogate the said person 
 on oath in reference to any acquisitions or investments made 
 by him, and not already assessed, and the amount of all such 
 acquisitions and investments shall be added to his assessable 
 property, and if he refuses to answer, no allowance or deduction 
 shall be made; they shall also have power to summon before 
 them any person whom they may know or be credibly informed 
 has acquired new property, or whose account of taxable property 
 may, in their judgment, require revision and correction, and 
 examine such person on oath touching the same ; and any person 
 so summoned, and refusing to appear, and any person refusing 
 to be sworn, or to answer touching said amount or touching his 
 or her property, shall be liable to prosecution therefor, and, 
 upon conviction, shall be fined not exceeding fifty dollars for 
 each offence, to be collected as other fines are collected. 
 
 Co. Comm'rs v. Winand, 77 Md. 524. Hopkins v. Van Wyck, 80 Md. 
 15, 17. Skinner & Sons Co. v. Baltimore, 96 Md. .32. 
 
 Appeal Tax Court has power to change classification in annex, when 
 physicial condition justifies change. 
 
 Sams V. Fisher, 106 Md. 155, 162. 
 
 But Equity can set aside classification if physical facts do not justify. 
 
 City V. Gail. 106 Md. 684. Baltimore v. Schaefer. 107 Md. 40. Coulston 
 V. City, 109 Md. 271.
 
 141 
 
 1841, ch. 23. sec. 41. P. G. L., (1860) Art. 81, sec. 20. 1874, ch. 483, 
 
 sec. 18. P. G. L., (1888) Art. 81, sec. 19. 
 
 P. G. L., (1904) Art. 81, sec. 19. 
 
 158. Any person who shall remove to the City of Baltimore 
 
 from any County or City in which his property has been as- 
 sessed, and whose personal property has not been assessed in the 
 City of Baltimore, or any person whose property or some part 
 thereof, has not been assessed, shall, when required by said 
 Court, give to said Court a full and particular account of his 
 personal property in the County or City from which h,e has 
 removed and of all the personal property in his possession or 
 under his care and management, liable to be assessed, and 
 which before that time shall not have been assessed in the City 
 of Baltimore, and the name of the person to whom it belongs. 
 Hopkins v. Van Wyck, 80 Md. 15, 17. 
 
 1841, ch. 23. sees. 14, 41, 42. P. G. L., (1860) Art. 81, sec. 21. 1874, ch. 
 
 483, sec. 19. P. G. L., (1888) Art. 81, sec. 20. 
 
 P. G. L.. (1904) Art. 81, sec. 20. 
 
 159. If any person shall, when required by said Court, after 
 ten days' notice, neglect to render the account required in the 
 last preceding section, he shall be fined a sum not exceeding fifty 
 dollars, to be collected as other fines are collected ; and the 
 said Court shall, on its own knowledge and on the best informa- 
 tion they can obtain value the property of such person to the ut- 
 most sum they believe the same to be worth in cash, and on 
 the return of said valuation they shall certify the said refusal 
 or neglect, and the said Court shall assess such person according 
 to the sum so returned, and the same shall be collected as the 
 assessment. 
 
 1843. ch. 208, sec 18. P. G. L., (1860) Art. 81, sec. 22. 1874, ch. 483, 
 
 sec. 20. P. G. L., (1888) Art. 81, sec. 21. P. G. L., 
 
 (1904) Art. 81, sec. 21. 
 
 160. Whenever any person shajl apply to the said Court 
 for allowance or reduction on account of the removal of property 
 from the City of Baltimore to a County or City, the said Court 
 shall ascertain of the party applying to what place within tlie 
 State the property has been removed, and sliall inform the 
 proper authorities of the place to which the property is removed 
 of the fact of such removal. 
 
 1841, ch. 23, sec. 27. P. G. L., (1800) Art. 81, sec. 24. 1S74, 
 
 ch. 483, sec. 22. P. G. L., (1888) Art 81, sec. 23. 
 
 P. G. L.. (1904) Art. 81. sec. 23. 
 
 161. The said Court shall direct their clerk to enter and
 
 142 
 
 record in a book or books, to be provided for the purpose, an 
 
 accurate and fair account of all property of every sort V7itliin 
 
 the City of Baltimore, subject to taxation, and the valuation 
 
 and assessment thereof, and an alphabetical list of the owners 
 
 thereof, properly arranged, according to the several wards of 
 
 the City of Baltimore and a correct description and location 
 
 of the said property so valued and assessed. Any owner of 
 
 property shall at all times be permitted to inspect the record 
 
 of his own property contained in said book. 
 
 O'Neal V. Virginia & Md. Bridge Co., 18 Md. 24. Tasker v. Garrett 
 Co., 82 Md. 154. 
 
 1844, ch. 236, sec. 19. P. G. L., (1860) Art. 81, sec. 25. 1874, 
 
 ch. 483, sec. 23. P. G. L., (1888) Art. 81, sec. 24. 
 
 P. G. L., (1904) Art. 81, sec. 24. 
 
 162. The Clerk of said Court shall transmit to the State 
 Comptroller annually, within thirty days after the annual levy 
 of taxes for the State, a return of the assessments of property 
 in the City of Baltimore, showing the amount thereof; and 
 for neglecting or refusing to perform this duty the clerk so neg- 
 lecting or refusing shall be subject to presentment, and upon 
 conviction thereof in the Criminal Court of Baltimore City, to 
 a penalty of one hundred dollars, for the use of the State. 
 
 1844, ch. 236, sec. 20. P. G. L., (1860) Art. 81, sec. 26. 1874 
 
 ch. 483, sec. 24. P. G. L., (1888) Art. 81, sec. 25. 
 
 P. G. L., (1904) Art. 81, sec. 25. 
 
 163. The State's Attorney of the City of Baltimore shall 
 give information of such neglect or refusal to discharge the 
 duties prescribed in the preceding section to the Grand Jury 
 of the city, upon being advised thereof by the State Comp- 
 troller. 
 
 164. Kepealed by Act 1900, ch. 4. 
 
 1900. ch. 347. 1914, ch. 532. 
 
 164A. The Appeal Tax Court of Baltimore City shall have 
 the power at any time to value and assess all personal property 
 and to revise such valuations and assessments, and to value and 
 assess and to revise all valuations and assessments of real prop- 
 erty in said city, and to lower or increase said assessment of real 
 or personal property, and to take steps for the discovery and 
 assessment of all unassessed property of every kind. And it 
 shall be the duty of said Court, at least once in every five years, 
 to carefully make such general revision of all of the assessable
 
 143 
 
 property in said city. Wlienever said Court shall propose to 
 alter or change any assessment, or make any new assessment, 
 they shall, before such assessment is made, give at least ten 
 days' notice thereof, in writing, served upon the owner of the 
 property to be assessed or re-assessed, or upon the person in pos- 
 session of the property to be assessed, or in whose custody the 
 same may be, or, if it be land and one be in apparent occu- 
 pancy thereof, then by a notice posted on said land. Said notice 
 shall contain such interrogatories as may be reasonably neces- 
 sary to enable said Court to correctly assess the property. Said 
 interrogatories shall be answered, signed and sworn to by the 
 owner of the property, or by the authorized agent of such owner, 
 having knowledge of the facts inquired for in said interroga- 
 tories. Such affidavit may be made before any Judge of the 
 Appeal Tax Court, or any assessor thereof, who is hereby auth- 
 orized to take the same, and who shall take the same without 
 charge; or such affidavit may be made before any officer auth- 
 orized by law to take affidavits. If any person upon wdiom such 
 interrogatories are served shall neglect or refuse to answer, sign 
 and make oath to the same, personally or by authorized agent as 
 aforesaid, within ten days after service of the same, the Appeal 
 Tax Court shall proceed to assess the property therein referred 
 to, according to law, upon their best information and judgment 
 in the premises, and shall add thereto an additional assessment 
 of 20% of the amount of such assessment so ascertained, as a 
 penalty for such failure or refusal to answer said interrogatories. 
 Said additional assessment may be abated, in whole or in part, 
 by the Appeal Tax Court, at any time before October first iu 
 any year, to take effect for the ensuing year, upon the filing of 
 said interrogatories answered, signed and sworn to as above 
 provided, and the Court shall thereupon fix the assessment at 
 such figure as will represent the proper valuation of such prop- 
 erty. Nothing herein, or done in pursuance hereof, shall be 
 construed to relieve any escaped or omitted property from being- 
 assessed when discovered, as may be provided by law. The said 
 Court, in order to make any valuation, assessment, revaluation or 
 reassessment, shall have power to summon before it any person, 
 and to interrogate him or her in reference to the existence, situ- 
 ation, ownership or value of any property liable to assessment 
 by said Court, or in reference to the taxable residence of any 
 person, and any person so summoned and refusing to appear, 
 and any person refusing to be sworn, or to answer touching 
 said value, revaluation or assessment, or toucliing his or hrr 
 property, or tou(;hing any other fact relevant to any inquiry
 
 144 
 
 before said Court, shall be liable to prosecution therefor, and, 
 upon conviction, shall be fined not exceeding one hundred dol- 
 lars, to be collected as other fines are collected. 
 
 As to construction of provisions of Sec. 164A, see, Gittings v. Balti- 
 more City, 95 Md. 425, 427. Baltimore City v. Johnson, 96 Md. 737. 
 Baltimore City v. Poole, 97 Md. 69. Joesting v. Baltimore City, 97 Md. 
 596. 
 
 As to rule laid down in construing similar provisions, see: Hopkins v. 
 Baker, 78 Md. 363. Hopkins v. Van Wyck, 80 Md. 7. Clark Distilling 
 Co. V. Cumberland, 95 Md. 468. 
 
 1900, ch. 347. 
 
 164B. If any clerk, assessor or employee appointed by the 
 Appeal Tax Court shall neglect to perform the duties required 
 of him by law or by said Court, he shall be liable to be dis- 
 charged by said Court in its discretion ; and if any such clei;k, 
 assessor or employee shall receive any consideration or payment 
 designed or intended to influence his conduct or act in the per- 
 formance or omission of his duties as prescribed by law or by 
 said Court as such clerk, assessor or employee, or shall corruptly 
 do or permit to be done or omit to do any act in discharge of 
 his said duties he shall be liable to immediate dismissal by said 
 Appeal Tax Court, and shall be also liable to indictment there- 
 for, and upon conviction shall be fined not exceeding five hun- 
 dred dollars for each offense and also to imprisonment in jail 
 or penitentiary for not more than one year, in the discretion 
 of the Court. 
 
 P. G. L.. (1904) Art. 81. sec. 9. 
 
 165. The Clerks of the several courts in the City of Balti- 
 more shall annually, on or before the first day of October, 
 transmit to the said Court a list of all the alienations of prop- 
 erty, chancery sales made by trustees and finally ratified, and 
 of all judgments and decrees recorded in their respective offices 
 or rendered in their respective courts since they last furnished 
 a list of the same, which list shall show the property alienated, 
 and the amount due on the judgments or decrees, so as to enable 
 the said Court to assess the parties to whom the property is 
 conveyed or the money due. 
 
 Richardson v. Simpson, 82 Md. 162. 
 
 For decisions relating to taxes on property in custodia legis, and in 
 cases of sales of property under decrees, see, Fulton v. Nicholson, 7 
 Md. 107. Mayor, etc. v. Sterling, 29 Md. 48. Tuck v. Calvert, 33 Md. 
 224. Gould V. Baltimore, 58 Md. 52. Hebb v. Moore, 66 Md. 170. Degner 
 V. Baltimore, 74 Md. 144. Casualty Insurance Go's, case, 82 Md. 565. 
 Cherbonnier v. Bussey, 92 Md. 420 et seq.
 
 145 
 
 1S41, ch. 23, sec. 38. P. G. L., (1860) Art. 81, sec. 13. 1874, ch. 483, 
 
 sec. 11. P. G. L., (1888) Art. 81, sec. 12. P. G. L., 
 
 (1904) Art. 81, sec. 13. 
 
 166. Xo person shall be chargeable with the assessment of 
 property which he may have alienated, but the same shall be 
 chargeable to the alienee ; and the said Court shall, from time 
 to time, correct the account of any person who may have parted 
 with the possession of any property, and the same so taken off 
 shall be charged to the person who may have acquired posses- 
 sion of the property, unless the same shall have been removed 
 from the city. 
 
 Co. Commrs. v. Clagett, 31 Md. 210. Parlett v. Dugau, 85 Md. 413. 
 
 1841, ch. 23, sec. 37. P. G. L., (1860) Art. 81, sec. 14. 1874, ch. 483, 
 
 sec. 12. P. G. L., (18SS) Art. 81, sec. 13. P. G. L., 
 
 (1904) Art. 81. sec, 14. 1914, ch. 532. 
 
 167. The said Court is directed to alter and correct the 
 account of any person who may have disposed of or acquired 
 any property since the last assessment, or whose property, or 
 any part thereof, may have been omitted, if the report of such 
 disposition, acquisition or omission be supplied by satisfactory 
 evidence; and if real estate or other property shall, from any 
 cause, have increased or decreased in value since the last as- 
 sessment, the said Court shall correct and alter the assessment 
 of the same, so as to conform to its present value, provided that 
 any party desiring to apply to the Appeal Tax Court for a re- 
 valuation of any real or personal property, shall make such 
 application before the first day of September, in order to be 
 acted on so as to take effect for the ensuing year. The Appeal 
 Tax Court shall not receive or act upon any such application 
 made after the first day of September in any year, so as to 
 affect the assessment for the ensuing year. 
 
 Alleghany Co. v. N. Y. Mining Co., 76 Md. 549. Hopkins v. Van Wyck, 
 80 Md. 7. B. C. & A. Ry. Co. v. Wicomico Co., 93 Md. 113. 
 
 1847, ch. 266, sec. 13. P. G. L., (1860) Art. 81, sec. 10. 1874, ch. 483, 
 
 sec. 8. P. G. L., (1888) Art. 81, sec. 9. P. G. L., 
 
 (1904) Art. 81, sec. 10. 
 
 168. The Register of Wills of Baltimore City shall iiiiimally, 
 on or before the first day of October, return to the said Court 
 a summary account of all property that shall appear by the 
 records of the Orphans' Court of Baltimore City to be in the 
 hands of each executor, administrator, or guardian as such; 
 and all such property, if not before assessed, shall then be as- 
 sessed, and every executor, administrator or guardian shall be
 
 146 
 
 liable to pay the taxes levied thereon, and shall be allowed there- 
 for by the Orphans' Court in his accounts, and the said Regis- 
 ter of Wills, for the duties imposed by this section, shall be 
 allowed such compensation as the said Anpeal Tax Court may 
 deem proper. Should the clerk or Register fail to perform the 
 duties imposed by this section, he shall be guilty of a misde- 
 meanor, and shall be liable to indictment, and on conviction 
 shall be fined not exceeding one hundred dollars. 
 
 Bonaparte v. State, 63 Md. 473. Hopkins v. Van Wyck, 80 Md. 14. 
 Baldwin v. Washington Co., 85 Md. 156. Baldwin v. State use of Hull, 
 
 89 Md. 590. Nicodemus v. Hall, 93 Md. 367. 
 
 Liability of executors does not extend to payment of taxes becoming 
 due after the settlement and distribution of the estate, although the 
 annual valuation and assessment upon such property, as well as the 
 levy thereon, may have been made prior to such settlement and distri- 
 bution of the estate. 
 
 Bamberger v. Baltimore, 125 Md. * 
 
 1847, ch. 266, sec. 14. P. G. L., (1860) Art. 81, sec. 11. 1874, ch. 483, 
 
 sec. 9. P. G. L., (1888) Art. 81, sec. 10. P. G. L., 
 
 (1904) Art. 81, sec. 11. 
 
 169. In all cases where discoveries of assessable property 
 are made by the said Appeal Tax Court, either from the re- 
 turns of clerks, registers or assessors, or in any other way, the 
 said Court shall assess the same, and add the same to the amount 
 on which taxes are to be levied. 
 
 Hopkins v. Van Wyck, 80 Md. 14. Tasker v. Garrett Co., 82 Md. 153. 
 Baldwin v. Wash. Co., 85 Md. 156. Monticello, etc., v. Baltimore City, 
 
 90 Md. 429. B., C. & A. R. R. v. Wicomico Co., 93 Md. 123. 
 
 1896, ch. 322. P. G. L., (1888) Art. 81, sec. 18a. P. G. L., (1904) 
 
 Art. 81, sec. 17. 1908, ch. 167. 
 
 170. Any person or persons, or corporation, assessed for 
 real or personal property in the City of Baltimore and claiming 
 to be aggrieved because of any assessment, or classification made 
 by the said Court, or because of its failure to reduce or abate, 
 modify, change or alter any existing assessnient or classifica- 
 tion may, by petition, appeal to the Baltimore City Court to 
 review the assessment or classification. The ]\Iayor and City 
 Council of Baltimore may also appeal from any decision of said 
 Court to the Baltimore City Court if it deem the public interests 
 require that the decision of said Court should be reviewed. The 
 petition in such appeal, other than the petition of the city, 
 shall set forth that the assessment or classification is illegal, 
 specifying the grounds of the alleged illegality, or is erroneous 
 by reason of overvaluation, or other error; or that the assess-
 
 147 
 
 ment is unequal in that the said assessment has been made by 
 a higher proportion of valuation than other real or personal 
 property on the same tax roll, by the same officers ; and that 
 the petitioner is, or will be injured by such alleged illegality, 
 inequality or erroneous assessment or classification. The peti- 
 tion of the Mayor and City Council of Baltimore shall set forth 
 wherein the decision of said Court is erroneous and such other 
 facts as may be necessary to inform the Baltimore City Court 
 of the claim of the city. A summons shall issue for the re- 
 spondent or respondents named in the petition of the city 
 returnable on such a day as the Baltimore City Court may 
 appoint for a hearing of the matter averred in such petition. 
 All such appeals shall be taken within thirty days after an 
 assessment, or classification, has been made as aforesaid, or 
 within thirty days after the refusal to reduce or abate, modify, 
 alter or change an existing assessment, or classification, or 
 within thirty days after the action of said Court complained of 
 by the city. On such appeals the Baltimore City Court shall 
 appoint a day for hearing said appeals, which shall not be less 
 than five nor more than thirty days after the expiration of the 
 thirty days' limit for taking appeals as aforesaid ; and shall 
 direct the clerk of the said Baltimore City Court to issue a 
 subpoena duces tecum to the judges of said Appeal Tax Court, 
 requiring them to produce and deliver to said Baltimore City 
 Court the record of the proceedings of the said Appeal Tax 
 Court, and all maps, plats, documents and other papers con- 
 nected with the said record ; the said Baltimore City Court 
 shall have full power to hear and fully examine the subject 
 and decide on said appeals, and for that purpose it is hereby 
 authorized and empowered to adjourn from time to time, and 
 may cause all or any of such appeals to be consolidated, or may 
 hear and decide them separately, and may require the said 
 judges of the Appeal Tax Court, their clerks, surveyors or other 
 agents and servants, or any of them, and all such other persons 
 as the Baltimore City Court may deem necessary to attend, 
 and examine tliem on oath or affirmation; and may permit and 
 require all such explanation, amendments and additions to be 
 made to and of the proceedings as the Court shall deem requi- 
 site. The person or the city appealing to the said Baltimore 
 City Court shall have a trial before the Court without the 
 intervention of a jury, and the Court, sitting without a jury, 
 shall hoar the case do novo, and shall iisccrtain and dccich^ on 
 the j)ropor assessment, or classification, of the property for the 
 year involved in the appeal ; and neither the action, nor the
 
 148 
 
 record of the proceedings, of the judges of the Appeal Tax 
 Court in the premises shall be held to be, or declared void for 
 any reason whatsoever; provided due notice of the proceedings 
 shall have been given to the parties entitled by said judges of 
 the said Appeal Tax Court ; and the said Baltimore City Court 
 shall assess anew, or classify anew, as the case may be, the 
 property forming the subject of the appeal ; provided, however, 
 that in the absence of any affirmative evidence to the contrary, 
 the assessment or classification apealed from shall be affirmed. 
 The said City Court shall cause the proceedings and decisions 
 on said appeals to be entered in the book containing the record 
 of proceedings of the said Baltimore City Court, certilied by the 
 clerk under the seal of the Baltimore City Court, and the 
 book to be transmitted to the judges of the said Appeal Tax 
 Court, which shall be final and conclusive in every respect, un- 
 less an appeal be taken to the Court of Appeals. Such record 
 book or Copy of the proceedings therein, or any part of such 
 proceedings, whether in or out of court, certified by the judges 
 of the said Appeal Tax Court, under seal of said city, shall 
 be evidence in any court in this State, and the judge of said 
 Baltimore City Court shall have full power, in his discretion, 
 to require the cost of any appeal or any part thereof to be 
 paid by all or any of the appellants or by the city, as the cir- 
 cumstances of each appeal, in his opinion, shall justify. In no 
 case shall any such appeal stay or suspend the power or duty 
 of the city to levy or collect taxes upon the property involved 
 in said appeal, but such levy and collection shall proceed in all 
 respects as if no appeal had been taken. If a final judgment 
 shall not be given in time to enable the assessors, judges of the 
 Appeal Tax Court, or other officers to make a new or correct 
 statement of the assessment, or classification, for the use of 
 the proper authorities in levying taxes, and if it shall appear 
 from such judgment that said assessment was unequal or said 
 assessment or classification was illegal or erroneous, then there 
 shall be audited, allowed and paid to the petitioner by the 
 Comptroller the amount, with interest thereon from the date of 
 the pa;)anent, in excess of what the tax should have been, as de- 
 termined by said judgment, or order of the Baltimore City 
 Court, and if on appeal by the city, the Baltimore City Court 
 should decide that the valuation and assessment was lowei- 
 than it should have been, or that the classification was erroneous 
 and at a lower rate than it should have been, or that the property 
 should be assessed or classified, the Baltimore City Court shall 
 ascertain and fix the valuation and assessment, or classification,
 
 149 
 
 of said property, then the Comptroller shall audit and charge 
 the respondent or respondents with the difference in said valua- 
 tion, assessment or classification, as fixed by the Baltimore City 
 Court and that fixed by the iVppeal Tax Court, which amount 
 of difference shall be a lien on the property involved in the pro- 
 ceedings. An appeal may be taken to the Court of Appeals by 
 either the petitioner or petitioners, or the city, within ten days 
 after the rendition of said judgTaent or order by the Baltimore 
 City Court, and the record shall be immediately transmitted 
 to the Court of Appeals, which Court shall immediately hear 
 and determine the questions involved in said appeal. 
 
 Monticello Co. v. Mayor, 90 Md. 416, 432. Fowble v. Kemp, 92 Md. 
 633. Baltimore City v. Bonaparte, 93 Md. 156. United Rys. & Elec. 
 Co. V. Baltimore City. 93 Md. 631. Baltimore City v. Austin, 95 Md. 
 90. Gittings v. Baltimore, 95 Md. 419. Baltimore City v. Poole & Son, 
 97 Md. 69. Joesting v. Baltimore City, 97 Md. 595. Consol. Gas Co. v. 
 Balto. City., 101 Md. 541. Wilkens Co. v. M. & C. C, 103 Md. 293. 
 
 Ahatement of Taxes. The remedy for refusal to abate an assessment 
 of taxes is an appeal to the Baltimore City Court under section 170 of 
 the City Charter and mandamus will not lie to compel abatement by 
 the Appeal Tax Court. Hoffman v. Sams, Daily Record, January 10, 
 1905. 
 
 Easements of Public Service Corporations in streets assessable for 
 taxation. ^^^ Company v. City, 105 Md., 43. 
 
 Taxation — classification and assessment of property — notice — remedial 
 statute liberally construed ; "due notice if notice left at house taxed." 
 Wannenwetsch v. Baltimore, 115 Md. 446. 
 
 Upon appeal to Court of Appeals under this section, only questions of 
 law can be passed on by the Court of Appeals. Hamburger v. City, 106 
 Md. 481. 
 
 But where classification void Equity may enjoin. 
 
 City V. Gail, 106 Md. 684. Le.ser v. Wagner, 119 Md. 671. Balto. v. 
 Schaefer, 107 Md. 40. 
 
 On appeal to City Court from assessment made of property for tax- 
 ation, the pi'osumption is that the a.ssessment is correct, and the duty of 
 opening the case on appeal rests on the property owner. Evidence 
 admissible to prove assessment. 
 
 M. & C. C. V. Clarence H. Hurlock, Executor, 113 Md. 674. 
 
 1900, ch. 399. 
 
 170a. If the Mayor and City Council of Baltimore claim 
 to be aggrieved by any decision of the State Tax Commissioner 
 upon any valuation and assessment, the said Mayor and City 
 Council of Baltimore may appeal from said decision to the 
 Comptroller of the Treasury and State Treasurer. If no 
 such appeal be taken within thirty days from any decision of 
 the Tax Commissioner, the said valuation and assessment shall 
 be final; ])nt if sn<'h appeal sliiill be taken witliin tliirty dnys
 
 150 
 
 from any decision, there shall be stated in such appeal the rea- 
 sons and grounds of such appeal; and said Comptroller and 
 Treasurer shall consider the same, and if the Comptroller and 
 Treasurer shall both be of the opinion that such valuation and 
 assessment so made by the State Tax Commissioner is erroneous, 
 and ought to be changed, they shall change the same accordingly, 
 and the valuation and assessment so agreed upon by the Comp- 
 troller and Treasurer shall be final ; but if either the Comptroller 
 or Treasurer shall agree with the State Tax Commissioner as 
 to the correctness of the valuation so made by him, then such 
 appeal shall be dismissed, and the original valuation shall be 
 and remain as the true valuation. 
 
 Monticello v. Baltimore, 90 Md. 416. Fowble v. Kemp, 92 Md. 633. 
 
 1914, ch. 532. 
 
 171. In the year eighteen hundred and ninety-eight, and 
 in all succeeding years thereafter, the valuation of the property 
 subject to taxation in the City of Baltimore, as it shall appear 
 upon the assessment books of said Court on the first day of 
 October in each and every year, shall be final and conclusive, 
 and constitute the basis upon which taxes for the next ensuing 
 fiscal year shall be assessed and levied; provided that the 
 foregoing provision shall not apply to property in the city 
 liable to taxation, and which may have escaped or which may 
 have been omitted in the regular course of valuation, but such 
 property shall be valued and assessed and the owner or owners 
 thereof charged with current taxes and back taxes, not exceeding 
 four years, justly due thereon, whenever the same may be dis- 
 covered and placed upon the assessment books ; and the annual 
 levy for each and every year shall be deemed and taken to have 
 covered and embraced all property which was not assessed, but 
 which ought to have been assessed, for the year for which 
 any such levy was made. The said Court shall, on the first day 
 of October, or as soon thereafter as practicable, in the year 
 nineteen hundred and fourteen, and in all succeeding years 
 thereafter, make out and deliver to the City Collector a state- 
 ment showing the valuation and assessment of all the property 
 subject to taxation in said city, as it shall appear upon the 
 assessment books of said Court on said first day of October; 
 such statement shall contain a full list of all the real estate 
 as the same has been valued and assessed by blocks, correspond- 
 ing so far as may be practicable with the block numbers used 
 in the Record Ofiice of the Superior Court of Baltimore City, 
 with the location and description of such piece or parcel of 
 ground so assessed and valued, and also shall contain an
 
 151 
 
 alphabetical list of all persons to whom personal property has 
 been assessed. The said statement shall be known as the taxable 
 basis for the next ensuing tiscal year, and after the levy of taxes 
 it shall be designated as the tax roll for said year. Further, the 
 said Appeal Tax Court shall submit to the Board of Estimates 
 on the first day of October, or as soon thereafter as practicable, 
 a statement of the total valuation of the respective classes of 
 property as shown on the annual roll submitted by the Appeal 
 Tax Court of Baltimore to the City Collector. The said Court 
 shall perform such other duties as may be prescribed by law or 
 ordinances not inconsistent with this Article. 
 
 Skinner Dry Dock Co. v. Baltimore, 96 Mel. 37-41. Cochran v. Car- 
 stairs, 95 Md. 509. Baltimore City v. Jenkins, 96 Md. 193. 
 
 Sha7-es of Stock in domestic corporations are not "property" under 
 ttie terms of section 171 of the City Charter, "which when discovered 
 is to be valued and assessed by the Appeal Tax Court and the owner or 
 owners thereof charged with back and current taxes." Balto. Chrome 
 Works V. Mayor & C. C. of Balto., Daily Record, April 19. 1904. 
 
 Compare this section with sec. 5, Art. 50, City Code (1893) ; See dicta 
 in Hopkins v. Van Wyck, SO Md. 15, construing same. 
 
 Liability of executors does not extend to payment of taxes becoming 
 due after the settlement and distribution of the estate, although the 
 annual valuation and assessment upon such property, as well as the 
 levy thereon, may have been made prior to such settlement and distri- 
 bution of the estate. 
 
 Bamberger v. Baltimore, 125 Md. 
 
 COMMISSIONERS FOR OPENING STREETS. 
 
 1912, ch. 32. 
 
 172. The Commissioners for Opening Streets shall be the 
 second sub-department of review and assessment, and the head of 
 this sub-department shall be a board composed of three; persons, 
 appointed by the Mayor in the manner prescribed in section 
 25 of this Article, and removable as therein provided. One of 
 their number shall be president, and shall be so designated 
 when appointed by the Mayor. Their term of office shall be 
 for three years, one commissioner to retire every year; except 
 that the commissioners first appointed shall determine by lot 
 their terms of ofi^ice, so as to provide for the termination of 
 the term of one commissioner each at the end of the first and 
 second years. The said commissioners sliall receive a salary 
 of one thousand, ciglit Iiiiiidrod dollars each per annum, paya- 
 ble monthly. The said commissioners shall be charged with 
 tlif dnty of o|)(']iing, extending, widening, straightening, and 
 if the ordinance so provides, grading or rlosing any street, lane, 
 alley or part thereof, situated in lialtiinore City whenever
 
 152 
 
 the same shall have been directed by ordinance to be done, and 
 shall perform such other duties as the Mayor and City Council 
 of Baltimore, may, by ordinance prescribe. The said Com- 
 missioners shall appoint a clerk, who shall be paid a salary of 
 one thousand, five hundred dollars per annum, payable monthly, 
 and shall perform such duties as the Commissioners may pre- 
 scribe. The said Commissioners may also appoint such other 
 employees as the Mayor and City Council of Baltimore by ordi- 
 nance may direct, and fix their compensation, not to exceed 
 in the aggregate the amount appropriated by ordinance. 
 McClellan v. Marine, 98 Md. 53. 
 Sections 172 to 195, inclusive, under this sub-title, are embodied from 
 the City Code of 1893, Art. 48, sees. 1 to 27, inclusive, with slight modi- 
 fications. 
 
 173. The Clerk of said Commissioners shall keep a record 
 of their proceedings in a book provided for the purpose, and in 
 such form as the City Solicitor may prescribe; and the said 
 Clerk shall record in said book all orders made by the Com- 
 missioners in regard to the performance of their duties, and 
 make true copies of all notices by them directed to be pub- 
 lished, and of the certificate of the publication thereof, and shall 
 perform such other clerical duties as the said Commissioners 
 shall require. 
 
 1912, eh. 32. 
 
 174. When the said Commissioners shall assess a sum of 
 
 money to be paid by any person or persons, for benefits derived 
 
 by such person or persons from opening, extending, widening, 
 
 straightening, grading, curbing or closing any street, lane or 
 
 alley, or part thereof, and shall assess a sum of money to be 
 
 paid to the same person or persons for damages sustained by 
 
 said opening, extending, widening, straightening or closing, it 
 
 shall and may be lawful upon a certificate of title from the 
 
 City Solicitor, for the City Register or City Collector to receive 
 
 from such person or persons an assignment for the sum or sums 
 
 so assessed as damages aforesaid. 
 
 As to rule in assessing damages and benefits, see, M. & C. C. of Ballo. 
 V. Smith, 80 Md. 458. 
 
 1912, eh. 32. 
 
 175. Whenever the Mayor and City Council shall hereafter 
 by ordinance direct the Commissioners for Opening Streets 
 to lay out, open, extend, widen, straighten, grade or close up, 
 in whole or in part, any street, square, lane, or alley, within
 
 153 
 
 the bounds of this city, the said Commissioners, having given 
 the notice required by law of their first meeting to execute the 
 same, shall meet at the time and place mentioned in said notice, 
 and from time to time thereafter, as may be necessary, to ex- 
 ercise the powers and perform the duties required of them by 
 said ordinance, and shall ascertain whether any and what 
 amount of value in damages will be caused to the owner of any 
 right or interest in any ground or improvements within or 
 adjacent to the City of Baltimore by such opening, extending, 
 widening, straightening or closing for which, taking into con- 
 sideration all advantages and disadvantages, such o\vner ought 
 to be compensated; and the said Commissioners having ascer- 
 tained the whole amount of damages for which compensation 
 ought to be awarded, as aforesaid, and having added thereto an 
 estimate of the probable amount of expenses which will be in- 
 curred by them in the performance of the duties required of 
 them as aforesaid, in which they may include a sum sufficient 
 in their judgment to cover the expenses and contingencies of 
 litigation, and administration expenses , shall proceed to assess 
 all the ground and improvements within and adjacent to the 
 city, the o^\Tiers of which, as such, the said commissioners shall 
 decide and deem to be directly benefited by accomplishing the 
 object authorized in the ordinance aforesaid ; and should the 
 direct benefits, assessed as aforesaid, not be equal to the damages 
 and expenses incurred, the balance of said expenses and damages 
 shall be paid by the City Register, and provided for in the gen- 
 eral levy, or out of funds derived from loans, if properly appli- 
 cable thereto. 
 
 Alexander v. Mayor, 5 Gill 383. Moale v. Mayor, 5 Md. 314, Hawley 
 V. Mayor, 33 Md, 270. Page v. Mayor, 34 Md. 558, N, C, Ry. Co. v. 
 Mayor, 46 Md. 428, Brooks v. Mayor, 48 Md, 265, Central Savings 
 Bank v, Baltimore, 71 Md. 520-522. Baltimore v. Rice, 73 Md, 307, 
 Pitts V, Baltimore, 73 Md, 338, Friedenwald v. Baltimore, 74 Md, 116, 
 Burke v. Baltimore, 77 Md, 469, M. & C, C, of Baltimore v. Smith. SO 
 Md. 458. Shanfelter v, M, & C. C, of Baltimore, SO Md, 491, Gluck v, 
 M. & C. C, of Baltimore, 81 Md, 315. Baltimore City v. Fear, 82 Md, 
 2.')4. Baltimore v. Coates, 85 Md. 531. Gardiner v, Baltimore City, 96 
 Md, 361, B,.& O, R, R, Co, v, Baltimore City, 98 Md, 535, 
 
 Damages from change of grade may be considered when part of lot 
 is being taken, 
 
 Baltimore v, Garrett, 120 Md, 608, 
 
 Destruction of access amounts to a taking. 
 
 Walters v. B. & O., 120 Md. 644. 
 
 But merely making the access inconvenient does not amount to a 
 taking. 
 
 P.. & O. V. Kane, 124 Md. 231. P.. & O. v. Kabl. 124 Md. 200. Balti- 
 more V. Bregenzer, 125 Md. 7S. 
 
 Rule as to damagos and benefits.
 
 154 
 
 Baltimore v. Megary, 122 Md. 20. (See Section 175A). 
 
 City not liable for consequential damages to property not abutting on 
 the part of the street closed. Certain rules for determining damages. 
 Ger. Luth. Church v. Baltimore, 123 Md. 142. 
 
 The words "such owner ought to be compensated" construed to mean 
 "such as he ought to be compensated for under the established rules of 
 law and practice." 
 
 Ger. Luth. Church v. Baltimore, 12.S Md. 149. 
 
 When land is condemned for the bed of a public street, the grade 
 thereof should be first established. 
 
 Baltimore v. Johnson, 123 Md. 320. 
 
 Benefits cannot lawfully be assessed against abutting property until 
 the grade of the proposed street has been first established. 
 Patterson v. Baltimore, 124 Md. 153. 
 
 The rule that damages are not ordinarily recoverable for injury to 
 adjacent lands caused by a lawfiil change in the grade of a public 
 highway is confined to cases in which no part of the abutting property 
 is taken for that purpose. Where the grade is established for the first 
 time on opening the street, the cost and expense of making the abutting 
 land conform to the use of the street should be considered in deter- 
 mining the extent that such abutting lands are benefited by the opening. 
 Baltimore v. Johnson. 123 Md. 320. 
 
 The measure of damages is the market value of the land actually to 
 be taken, and a due allowance of damages for injury to the remaining 
 land. 
 
 Patterson v. Baltimore, 124 Md. 153. 
 
 In determining whether property will be benefited by a street which 
 is to be opened, account must be had of the cost of putting the property 
 in condition to render it useful after the street is actually opened. 
 
 P. B. & W. Railroad v. M. & C. O. of Balto., 124 Md. 635. See. also, 
 Balto. V. Canton Co., 124 Md. 620. 
 
 The City has no power to assess benefits which materially amount 
 to more than the aggregate of damages and expenses. The Commis- 
 sioners for Opening Streets may make a proportionate reduction, or 
 the City Court can do so on appeal. 
 
 Maryland Trust Co. v. Baltimore, 125 Md. 40. 
 
 Mere inconvenience of access, or mere dimunition of light and air to 
 property does not constitute a "taking" within the meaning of the 
 Constitution. Such injury to come within the constitutional provision 
 must be such as to amount to their substantial destruction. 
 Baltimore v. Bregenzer, 125 Md. 78. 
 
 Condemnation of Land for Water Supply. — Adaptability of Land for 
 Reservoir Purposes.^ — Just Compensation Includes the Value of the 
 Ground and Due Allowance for Consequential Damages.---The Market 
 Value of Land is to be Estimated in Reference to the Uses and Pur- 
 poses to which it is Adapted. 
 
 Brack v. Baltimore, 125 Md. — . 
 
 1914, ch. 125. 
 
 175A. In any ordinance providing for opening, widening, 
 extending, straightening or closing any public highway, the 
 Mayor and City Council may provide that the Commissioners
 
 155 
 
 for Opening Streets shall assess upon the property benefited 
 thereby the entire cost of such opening, widening, extending, 
 straightening or closing, including the damages paid for any 
 property taken therefor and the expenses of the said Com- 
 missioners and Court expenses, if any ; the property so benefited 
 may be specified in the ordinance or left to be determined by the 
 Commissioners. In the event of the passage of such ordinance, 
 the Commissioners for Opening Streets in carrying out the 
 same shall apportion the entire expense of such opening, widen- 
 ing, extending, straightening or closing among the various 
 properties benefited thereby. !Nothing herein shall prevent any 
 property owner from showing on appeal the amount he is 
 actually benefited. 
 
 1914, ch. 125. 
 
 175B. The first meeting of the Commissioners to execute 
 any ordinance to open, extend, widen, straighten or close, in 
 whole or in part, any street, square, lane or alley shall be 
 held within four months after the passage of this Act, as to all 
 such ordinances heretofore passed and remaining wholly un- 
 executed, and as to any ordinance hereafter passed within three 
 months after the passage of such ordinance, unless within that 
 time an ordinance shall be introduced to repeal the same. It 
 shall be the duty of said Commissioners to proceed diligently 
 thereafter in the further execution of such ordinance. On or 
 about the first of January, in every year, the said Commis- 
 sioners shall make a report to the Mayor, and transmit a copy 
 thereof to the City Council, showing the status of their proceed- 
 ings under every such ordinance which shall have been passed 
 and shall not have been fully executed. Instead of waiting 
 until the benefits are collected, before paying the damages 
 and proceeding with said opening, extending, widening, 
 straightening or closing, the Mayor and City Council of Balti- 
 more may, in its discretion, in the annual Ordinance of Esti- 
 mates, set aside a sum from the general levy or from any 
 other funds properly applicable thereto, to be used, in the dis- 
 cretion of the said Commissioners, with the approval of the 
 Board of Estimates, in paying the damages awarded in any 
 such proceeding in advance of the collection of the benefits 
 assessed in said proceeding. In the event of such advance pay- 
 ments, the benefits when collected shall be credited to the fund 
 from which such payments shall have been made. No such 
 advance payment shall be made until after the expiration of 
 the time for taking appeals from the actions of the said Com-
 
 156 
 
 missioners, and the final termination of any appeal or other 
 proceeding in which the validity of the ordinance, or of the 
 entire proceedings thereunder, shall be assailed. 
 
 1914, ch. 125. 
 
 175C. Upon any appeal from the action of the Commis- 
 sioners for Opening Streets in awarding damages or assessing 
 benefits in the matter of opening, widening, extending, straight- 
 ening or closing any public highway, the return of the Com- 
 missioners for Opening Streets shall be prima facie evidence of 
 the correctness of the amounts of damages awarded and bene- 
 fits assessed, and the burden of proof shall be upon the party 
 asserting that any such award or assessment ought to be less 
 or more than the amount so fixed by the Commissioners for 
 Opening Streets ; this provision, so far as it relates to the burden 
 of proof, shall not apply to an appeal from benefits where no 
 question of damages is involved. 
 
 Act 1S98, ch. 123. 1900, ch. 109. 
 
 176. In every case where it shall be necessary in order to 
 efiect the object proposed under any of the ordinances providing 
 for the laying out, opening, widening or straightening in whole 
 or in part any street, square, lane or alley, that a portion only 
 of a lot or of a lot and improvements shall be taken and used 
 or destroyed, and the owner or owners thereof shall claim to 
 be compensated for the whole, the said Commissioners in such 
 cases may, if they deem it best and not otherwise, accept a sur- 
 render in writing of the whole of said lot and improvements, 
 or the whole of said improvements, from said owner or owners, 
 in which event the said Commissioners shall ascertain the full 
 value thereof, as if the whole lot or lots and improvement or im- 
 provements, as the case may be, 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 said owner or owners before any part thereof shall be de- 
 stroyed, removed or used, unless such o^vner or owners shall 
 assent thereto in writing, as now provided for by law ; and the 
 said Commissioners, after giving ten days' notice in two of 
 the daily newspapers of the city of the time and place, manner 
 and terms of sale, shall sell by public auction to the highest bid- 
 der the materials of any house or houses which it shall be neces- 
 sary to remove, in whole or in part, and also the residue of any 
 lot of which a part shall be taken and used to effect the object 
 confided to the Commissioners, and which residue shall have
 
 157 
 
 been, with the consent of the Commissioners aforesaid, sur- 
 rendered by the owners thereof as aforesaid ; the purchase money 
 to be paid when full possession shall be given of the property or 
 material so sold, and the said Commissioners or a majority of 
 them on receiving the purchase money aforesaid, and not be- 
 fore, shall by a good and sufficient deed convey the lot or lots 
 of ground by them so sold to the purchaser; but no such sales 
 shall be made until after the Commissioners have assessed the 
 entire amount of damages and expenses as are now directed to 
 be assessed by existing ordinances relating to the condemna- 
 tion of streets, nor until all damages for taking said property 
 shall have been paid or tendered to the proper party or parties 
 or invested or paid into Court as by law required, nor until 
 the said Commissioners are ready and able to give possession 
 to the said purchaser or purchasers of property and materials 
 aforesaid, and the said Commissioners are duly empowered to 
 take and receive a good and sufficient bond from the purchaser 
 or purchasers aforesaid, with a penalty to the Mayor and City 
 Council of Baltimore, conditioned that the purchase money be 
 duly paid at such time as the said Commissioners shall demand 
 the same, and conditioned further that said purchaser or pur- 
 chasers shall remove within sixty days after notice from the 
 said Commissioners, from the bed of the street all such mate- 
 rials so sold, and all rubbish or other obstructions in said street 
 occasioned thereby ; and in the event of the purchaser or pur- 
 chasers not complying with the terms of said sale, the Commis- 
 sioners shall re-sell the said lot or lots, and improvement or 
 improvements, as the case may be, at the risk of the former 
 purchaser, or purchasers, giving not less than five days' notice 
 of said re-sale in two of the daily newspapers of the city afore- 
 said ; provided, however, that where, in the judgment of said 
 Commissioners, a part only of the whole of a lot or a part of the 
 whole of the improvements of any lot can be taken without 
 destroying the whole of said lot or said improvements, for the 
 purpose for which lot or improvements are used, or for building 
 purposes, the said Commissioners shall only condemn such part 
 of said whole lot or improvements as is necessary for the 
 proposed object, and shall award to the owner or o\\mers of the 
 part of the lot or improvements so taken such damages and 
 assess upon the remainder thereof such benefits as in their 
 judgment shall be right and proper; and provided, further, that 
 in all cases where there are sheds or other obstructions lying and 
 being in beds of streets, lanes, roads or alleys, in process of 
 opening or widening, where the same will not, in the judgment
 
 158 
 
 of the Commissioners for Opening Streets, sell by public auc- 
 tion for the amount of the expenses of said sale, then the said 
 Commissioners for Opening Streets may, and they are hereby 
 authorized, to sell the same at private sale. 
 
 M. & C. C. of Baltimore v, Merryman, 23 Md. 449. Mayor v. Clunet, 
 23 M(l. 464. Xorris v. Balto., 44 Md. 603. Bernei v. Mayor, 56 Md. 351. 
 
 As to right of the city to institute condemnation proceedings before 
 street grades are established, see, Balto. Belt R. R. Co. v. Turner, Daily 
 Record, January 12, 1893. 
 
 As to rule for valuation of property in awards in condemnation pro- 
 ceedings, see, Park Board v. White, Daily Record, May 25, 1893. 
 
 The inchoate right of dower in fee simple property to be considered 
 in condemning property. B. & O. R. R. Co. v. Textor, Daily Record, 
 December 25, 1893. 
 
 1914, ch. 125. 
 
 176A. In any case where a part of a lot, or part of a lot and 
 improvements is taken for opening, widening, extending, 
 straightening or closing a public highway, the Commissioners 
 for Opening Streets in making their award, and in the event of 
 an appeal, the Court or Jury in making its or their award shall 
 not award damages and assess benefits separately, but shall 
 ascertain and find separately: First — the present value of the 
 entire lot, or the entire lot and improvements of which a part 
 is to be taken, as if the proposed opening, widening, extending, 
 straightening or closing were not to be made; and secondly — 
 what will be the value of the portion of the lot or of the lot 
 and improvements which will remain after the opening, widen- 
 ing, extending, straightening or closing of said highway shall 
 have been made, and the grading thereof shall have been done. 
 If the value so found of the whole, exceeds the value so found 
 of the portion which will remain, the owner of said lot, or of 
 said lot and improvements shall be allowed the difference as net 
 damages. If the value so found of the part which will remain 
 shall exceed the value so found of the whole, then the owner of 
 the said lot, or said lot and improvements shall be charged the 
 difference as net benefits, but nothing herein shall prevent the 
 surrender of the whole lot, as provided in section 176. 
 
 1912, ch. 32. 
 
 177. As soon as the Commissioners aforesaid shall have 
 completed the valuation of damages to be ascertained by them 
 as directed by this Article, they shall cause a statement thereof 
 to be made out for the inspection of all persons desiring infor- 
 mation of its contents, and such statement, together with an 
 explanatory map or maps, shall contain a description of each
 
 159 
 
 separate lot or parcel of gTound deemed to have sustained 
 damages, its dimensions, the name of the street, lane or alley on 
 which it bomids, the names of all persons supposed to have any 
 estate or interest in it, and the amount of damages as valued 
 by the Commissioners; and if there be anv house or other im- 
 provements on it, necessary to be removed, in whole or in part, 
 such description thereof as the Commissioners shall deem neces- 
 sary ; and in like manner a description of each parcel of ground 
 deemed by the Commissioners to be benefited, the name or 
 names of such person or persons as may be supposed to ha\e 
 any estate or interest therein, and the amount assessed thereon 
 for benefits ; and the said Commissioners shall cause a notice to 
 be published for four successive days in two daily newspapers 
 of the city stating the extent of the ground covered by the assess- 
 ment, and that such statement and maps are ready for the 
 inspection of all persons interested therein and that the Com- 
 missioners will meet at their ofiice on a day to be named in said 
 notice, which shall be not less than five nor more than ten days 
 after the first publication of such notice, for the purpose of 
 reviewing any of the matters contained in such statement to 
 which any person claiming to be interested shall make objec- 
 tion; and the Commissioners shall meet at the time and place 
 so appointed, and shall hear and consider all such representa- 
 tions or testimony on oath or afiirmation, verbal or in writing, 
 in relation to any matter in said statement which shall be offered 
 to them on behalf of any person claiming to be interested 
 therein, and the said Commissioners shall make all such correc- 
 tions and alterations in the valuations, assessments and esti- 
 mates, and all other matters contained in the said statements 
 and explanatory map or maps aforesaid, as in their judgment 
 shall appear to them, or a majority of them, to be just and 
 proper; and they may adjourn, from day to day, if necessary, 
 to give all parties claiming a review an opportunity to be heard, 
 not exceeding in the whole ten days; and after closing such 
 review the Commissioners shall make all such corrections in 
 their statement and explanatory map or maps as they shall deem 
 proper, and cause such statement as corrected to be recorded in 
 their book of proceedings, and certified under the hands and 
 seals of said Commissioners and their clerk, and notify all per- 
 sons interested by an advertisement, to be inserted once a week 
 for four successive weeks, in two of the daily newspapers of 
 the city that the said assessments have been completed, and that 
 the parties affected thereby are entitled to appeal therefrom by
 
 IGO 
 
 petition in writing to the Baltimore City Court within thirty 
 days after the first publication of said notice. 
 
 Central Savings Bank v. Baltimore, 71 Md. 520. M. & C. C. of Balti- 
 more V. Smith, SO Md. 467. Zion Church v. Baltimore, 71 Md. 524. 
 
 1914, ch. 494. 
 
 177A. In any ordinance for opening, extending, widening, 
 straightening, closing or grading any street, lane or alley in the 
 City of Baltimore, the Mayor and City Council of Baltimore 
 may provide that the assessments of benefits may be made pay- 
 able in annual installments, not exceeding five, with interest at 
 six per cent, on the deferred installments from the time such 
 proceedings are concluded. If any such ordinance does not 
 provide otherwise as to the time of payment of benefits, then 
 all benefits assessed thereunder shall be payable, at the option of 
 the person assessed, either at once or in five equal installments, 
 one of which shall be due when the proceedings under said 
 ordinance are concluded and the other installments shall be due 
 and payable, respectively, one, two, three and four years there- 
 after, with interest on each installment from the date when the 
 proceedings were finally concluded ; provided, however, that 
 where the same party is assessed in any such proceedings for 
 benefits and also awarded damages, the damages shall be de- 
 ducted from the benefits to the extent of the damages, and the 
 provision of this section as to paying the benefits in installments 
 shall apply only to the excess of the benefits over the damages. 
 The Commissioners, in their final return, shall state whether or 
 not benefits are to be payable in installments, and if so in what 
 installments. 
 
 1912, ch. 32. 
 
 178. It shall be the duty of the Clerk of the Commissioners 
 for Opening Streets to serve written or printed notice upon 
 each and every party or parties assessed for damages, caused by 
 the condemnation and opening of any public highway; pro- 
 vided, however, that the service of such notice shall not be so 
 construed as to be one of the pre-requisites to the condemnation 
 and opening of any street under any ordinance heretofore 
 passed, or hereafter to be passed. 
 
 1912, ch. 32. 
 
 179. The Mayor and City Council of Baltimore or any 
 person or persons, or corporations, who may be dissatisfied with 
 the assessment of damages or benefits, as hereinbefore provided,
 
 161 
 
 may, within thirty days after the first publication of the notice 
 provided in section 177, appeal by petition, in writing, to the 
 Baltimore City Court, praying the said Court to review the 
 same, and on any such appeal the Court shall appoint a day for 
 hearing said appeal, which shall not be less than five or more 
 than thirty days after expiration of the thirty days limited 
 for taking appeals as aforesaid, and shall direct the clerk of 
 the said Court to issue a subpoena duces tecum to the clerk of 
 the Commissioners for Opening Streets, requiring him to pro- 
 duce and deliver to said Court the record of the proceedings of 
 the said Commissioners in the case, and all maps, plats, docu- 
 ments and papers connected with such record, and the 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 Conunis- 
 sioners, 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 aflirmation, 
 and may permit and require all such explanations, amendments 
 and additions to be made to and of the said record of the pro- 
 ceedings as the said Court. shall deem requisite; and the persons 
 appealing to the Baltimore City Court, as aforesaid, shall be 
 secured in the right of a jury trial, and the said Court shall 
 direct the Sheriff of Baltimore City to summon twelve or more 
 persons qualified to be jurors, and shall impanel any twelve 
 disinterested persons so summoned, or attending the Court, to 
 try any question of facts, and if necessary to view any property 
 in the city, or adjacent thereto, to ascertain and decide on the 
 amount of damages or benefits, under the 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 
 defect or omission in either form or substance, but shall amend 
 or supply all such defects and omissions and increase or reduce 
 the amount of damages and benefits assessed, and alter, modify 
 and correct the said return of proceedings, in all or any of its 
 parts, as the said Court shall deem just and proper, and shall 
 cause the proceedings and decisions on said returns and appeals 
 to be entered in the book containing the record of the proceed- 
 ings of the Commissioners certified by the clerk, under the seal 
 of the Court, and the book to be transmitted to the said Commis- 
 sioners, which shall be final and conclusive in every respect, 
 unless an appeal be taken to the Court of Appeals, and such 
 
 (7) ,
 
 162 
 
 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 said Commissioners under their hands, shall be evidence in 
 any Court in this State, and the judge of the Baltimore City 
 Court shall have full power, in his discretion, to add the reason- 
 able costs of any appeal, to be taxed by him, or any part thereof, 
 to the damages to be collected for opening or closing said street 
 or to require such cost, or any part thereof, to be paid by all or 
 by either of the appellants, as the circumstances of such appeal, 
 in his opinion, shall justify. Upon every appeal to the Balti- 
 more City Court from any action of the Commissioners for 
 Opening Streets both the damages and benefits assessed by thp 
 Commissioners to the appellant shall be open for review and 
 correction by the said City Court. 
 
 Trustees v. Mayor of Baltimore, 2 Md. Cli. 78. Alexander v. Mayor, 
 5 Gill, 383. Meth. Prot. Church v. Mayor, 6 Gill, 391. Page v. Mayor, 
 34 Md. 558. Hazelhurst v. Baltimore, 37 Md. 200. Norris v. Mayor, 
 44 Md. 598. Brooks v. Mayor of Baltimore, 48 Md. 265. Friedenwald 
 V. Shipley, 74 Md. 116. Farrel v. Baltimore, 75 Md. 493. Baltimore 
 V. Coates, 85 Md. 531. Baltimore City v. Bonaparte, 93 Md. 161. 
 
 The rislit of appeal is given by the above section to the Baltimore 
 City Court. A court of equity has no jurisdiction to enjoin the con- 
 demnation proceedings in the Baltimore City Court on the ground that 
 the condemnation is undertaken before the establishment of the grade 
 of the street. This question is within the jurisdiction of the Baltimore 
 City Court. 
 
 Baltimore v. Johnson, 123 Md. 321. 
 
 As to effect of inspection by jury of premises, see, 
 
 Patterson v. Baltimore, 124 Md. 153. 
 
 On appeal the Street Commissioners, clerks and other agents are com- 
 petent witnesses, and may be summoned and examined as to the prin- 
 ciples upon which their awards and assessments wei*e made. 
 Patterson v. Baltimore, 124 Md. 153. 
 
 1912, ch. 32. 
 
 180. Wlienever any ordinance passed by the Mayor and City 
 Council of Baltimore, providing for the condemnation and 
 opening, extending, widening, grading or closing of any street, 
 lane or alley, in said city, shall be set aside, or declared null 
 and void by a Court of competent jurisdiction, to wit: The 
 Baltimore City Court or the Court of Appeals, in the event of 
 an appeal to that tribunal, or the same shall be repealed by the 
 city, it shall be the duty of the Comptroller immediately there- 
 after to draw his warrant on the Citv 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 
 treasury not otherwise appropriated. The Comptroller shall
 
 163 
 
 likewise draw his warrant on the City Register for the pa}Tnent 
 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. 
 
 1912, ch. 32. 1914, cli. 494. 
 
 181. If no appeal shall have been prayed, then, within ten 
 days after the time hereinbefore limited therefor, or after the 
 return of the decision upon any appeal shall have been made to 
 the said Commissioners, their return shall be transferred to the 
 City Collector, who shall proceed forthwith to notify the parties 
 assessed for benefits by means of bills specifying the several 
 sums so assessed and the installments thereof due and payable, 
 and warning them that if the same be not paid within two 
 months from the date of such transfer of said Commissioners' 
 returns, he will proceed to sell the specific pieces or parts of 
 property on which said unpaid sum or sums of money shall have 
 been assessed, in the manner and after having given the notice 
 directed by this Article. Thereafter, as each installment be- 
 comes due, the Collector shall give the same notice; if any 
 installment be not paid, and the Collector shall proceed to sell, 
 under section 182 of this Article, the right of the party assessed, 
 to pay the remainder of said assessment in installments, shall be 
 forfeited, and the Collector shall collect from the proceeds of 
 said sale the entire amount of the assessment not theretofore 
 paid, with interest at six per cent, to the date of such collection. 
 
 State ex rel Henderson v. Taylor, 59 Md. 338. See, decision of Brown 
 C. J. City Court in re Webster v. Mayor, October 16, 1874. 
 
 1912, cb. 32. 
 
 182. If the sums assessed upon the property specified shall 
 not be paid within the time above limited, the City Collector is 
 hereby directed to sell the property, or any part thereof, on 
 which such assessment has been laid, giving thirty days' notice of 
 said sale in two of the daily newspapers published in the City of 
 Baltimore, the first insertion of said notice to be made in said 
 newspapers promptly after the expiration of the time limited 
 in this article for the payment of said benefits; and the moneys 
 so collected by the City Collector shall be paid over by him to 
 the city as other moneys are directed to be paid over. 
 
 M. & C. C. of Baltimor(! v. (Jrand Lodge, 44 Md. 437. Zion Church v. 
 Mayor, 71 Md. 524. I'. W. & B. R, R. Co. v. Shipley, 72 Md. 88. 
 
 1912, ch. 32. 
 
 183. In all cases in which the City Collector shall sell any
 
 164 
 
 property on account of the non-payment of assessments made 
 for the opening, closing, widening, grading or extension of any 
 street, Lane or aHoy, it shall be his duty to sell said pro])erty to 
 the extent and subject to the same conditions which are provided 
 by ordinance for the sale of real estate in the City of Balti- 
 more, charged with the payment of other taxes imposed by this 
 corporation; and in the event of the purchaser or purchasers 
 failing forthwith to comply with the terms of said sale, the City 
 Collector shall re-sell the same at the risk of the former pur- 
 chaser, ffiviiiff not less than ten days' notice in two of the dailv 
 newspapers of the city aforesaid ; and after collecting the benefit 
 assessments he shall forthwith return the said Commissioners' 
 proceedings to the Comptroller. 
 
 184. The City Collector, on receiving the full amount of the 
 purchase money on such sale, shall execute a deed of conveyance 
 in favor of the purchaser or purchasers, or their assign or 
 assigns, which deed shall convey a fee simple or leasehold estate, 
 as the case may be, in and to such property, and after deducting 
 the costs of sales, advertising and other necessary expenses, he 
 shall pay the balance of such purchase money to the city, which 
 shall pay over the said balance, after deducting the amount 
 assessed on said property, to the person or persons entitled 
 thereto, on demand without interest. 
 
 Carter v. Woolfork, 71 Md. 283. 
 
 185. All sums of money assessed by the Commissioners 
 aforesaid, upon property deemed by them to be benefited, shall 
 be and continue liens on each several piece of property so 
 assessed, to the amount of its particular assessment, until the 
 same shall be paid to the city ; but no part of any street, square, 
 lane or alley shall be opened on or over the ground of any person 
 or persons, or corporation, adjudged by the 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 stock, for the use of each person or corporation entitled to 
 any part of the compensation for such damages, to the amount 
 of his, her or their respective right and interest therein, of 
 which investment the City Register's certificate, under the cor- 
 porate seal of the city, shall be competent proof. 
 
 Gould V. Mayor, 59 Md. .378. Central Savings Bank v. Baltimore, 71 
 Md. 517. Zion Church v. Baltimore City, 71 Md. 524. 
 
 186. Any person or persons not claiming title to any lot or
 
 165 
 
 piece of property upon which any sums shall be assessed, as 
 aforesaid, may pay the amount of the sum so assessed, within 
 the time limited, to the City Register, and obtain his certificate 
 of having paid such sum without claiming title to the property ; 
 and such payment shall vest in the person or persons paying his, 
 her of their heirs, the lien on such lot or property mentioned in 
 this Article. 
 
 State ex rel, Henderson v. Taylor, 59 Md. 338. 
 
 187. If it should so happen that any one or more of said 
 Commissioners should be interested in any particular case, the 
 Mayor shall make a temporary appointment of a Commissioner 
 or Commissioners, to act in the place and stead of such inter- 
 ested Commissioner or Commissioners, who shall take the oath 
 or affirmation, as the case may be, and in all respects conduct 
 himself and have all the powers as the other Commissioners 
 who are appointed by the Mayor. 
 
 188. Whenever any lot, or part of a lot, or parcel of ground 
 may be taken and included within the lines of any street, lane 
 or alley, or part thereof, and damages assessed therefor, and 
 there shall be an outstanding unexpired term of years therein, 
 the said Commissioners shall discriminate in their proceedings 
 between the value of fee simple or ground rent interest, and the 
 leasehold interest. 
 
 Mayor, etc. v. Rice, 73 Md. 307. Gluck v. Mayor, 81 Md. 315. 
 
 1912, ch. 32. 
 
 189. Wlienever 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 completed, it shall be the duty of said Commissioners 
 to cause the same to be removed and to draw on the Register for 
 the expense so incurred, which shall be paid by him, and the 
 Mayor shall forthwith cause a suit for the recovery of said 
 expenses to be instituted against the person or persons by whoso 
 default the said obstruction has been suffered to remain, and the 
 same, when recovered, shall be paid to the Register for the use 
 of the city. 
 
 190. Repealed by Act of 1912, ch. 32. 
 
 1912, ch. 32. 
 
 191. When the proceedings of the Commissioners for Open-
 
 166 
 
 ing Streets iu any case are transferred to the City Collector, the 
 City Eegister is authorized and required to pay all the expenses 
 incurred by the Commissioners under the said proceedings. But 
 such expenses shall not remain unpaid more than six months 
 after the completion of any services performed under said ordi- 
 nance; and the Comptroller and Register are directed to pay, 
 within six months after the services have been completed, any 
 such expenses upon presentation of the proper vouchers or cer- 
 tilicates from the Commissioners for Opening Streets. 
 
 192. Repealed by Act of 1912, ch. 32. 
 
 193. "\Mienever the owner or owners of the bed of any of the 
 streets, lanes or alleys of the city, as laid out on Poppleton's 
 plat, or on such plat as the city may adopt, for the territory 
 annexed under the Act of 1888, Chapter 98, shall offer to 
 convey the same to the city, it shall be the duty of the ]\Iayor to 
 obtain the opinion of the Citv Solicitor in relation to the title 
 to the property and the legality of the deed or deeds, and, if in 
 the opinion of the Mayor, it will be right and proper, and the 
 public good will result therefrom, he is hereby authorized to 
 receive, in the name of the Mayor and City Council of Balti- 
 more, any deed or deeds so offered to the city ; provided, that no 
 deed shall be for less than one whole square, and that the city 
 shall not incur any expense in receiving the same ; and that a 
 plat setting forth the location, together with the surrounding 
 property, to the extent of two hundred feet, shall accompany 
 said deed. 
 
 194. Whenever any street, lane or alley, or part thereof, 
 shall bo conveyed to the city, as provided in the preceding sec- 
 tion, the same shall be a public highway, subject to all ordi- 
 nances and resolutions relating to streets, lanes and alleys in 
 the City of Baltimore, 
 
 195. The Mayor and City Council of Baltimore will not 
 entertain any petition for or remonstrance against the opening, 
 widening, straightening or closing of any street, lane, or alley 
 in the City of Baltimore, unless the signers of such petition or 
 remonstrance shall state the location of the property they repre- 
 sent, together with the number of front feet of the same. 
 
 1908, ch. 150. 
 195a. In any and all cases where a street, lane or alley, or 
 part thereof, situated in the City of Baltimore, has been opened,
 
 167 
 
 widened, straightened or closed by the Mayor and City Council 
 of Baltimore, or by any Commissioner or Commissioners, or 
 other person or persons, acting either nnder the provisions of 
 an Act of the General Assembly of Maryland, or of an ordinance 
 •of the Mayor and City Council of Baltimore, or both, whereby 
 authority was granted to assess the whole or any portion of the 
 costs of such improvement upon property benefited thereby, and 
 such assessments, or any part thereof remain unpaid, it sluiU 
 be lawful for the ^^Fayor and City Council of Baltimore to pro- 
 vide by ordinance for levy and collection, in such manner as it 
 may deem proper, of a 'tax to the extent of such special benefit 
 upon all the property, which the said Mayor and City Council 
 of Baltimore, or the said Commissioner or Commissioners, or 
 other person or persons above mentioned, have designated in 
 their return, as property benefited by such improvement, and 
 liable to assessment therefor ; provided, that no property, upon 
 which the assessment originally made for its share of the cost 
 of such improvement shall have been paid, shall be again 
 assessed, and that reasonable notice and an opportunity to be 
 heard shall be given to all persons interested before final ascer- 
 tainment of the amount of tax to be paid by any such property, 
 and the said city shall provide for appeals to the Baltimore City 
 Court by any person or persons interested, including the city 
 itself, from the decision of the Commissioners for Opening- 
 Streets, or any Commissioner or Commissioners, or other per- 
 sons appointed to determine the amount or amounts of such 
 special taxes or assessments, and in the trial of such appeals the 
 practice shall conform as near as may be to the practice in the 
 trial of street appeals, including the right of appeal to the 
 Court of Appeals. 
 
 MUNICIPAL OFFICERS 
 NOT INCLUDED IN ANY DEPARTMENT. 
 
 CITY LIBRARIAN. 
 
 196. There shall be an official of the Mayor and City Coun- 
 cil of Baltimore, to be known as the City Librarian. He shall 
 be appointed by the Mayor in the manner prescribed in section 
 25 of this Article and hold his office as therein provided. The 
 said Librarian shall, under the supervision and direction of the 
 City Register, take under his charge and keeping all the books 
 and documents of every dosci-iption, and the archives, records, 
 papers and proceedings of the Mayor and City Council of 
 Baltimore, except as is otlicrwisc hoi'oin provided, now in the
 
 168 
 
 possession of other mimicipal officers, entrusted with them by 
 the city, or which may hereafter come into the possession of the 
 city, and also all the ordinances, resolutions and proceedings of 
 the City Council after each and every session thereof; and he 
 shall arrange and classify, so as to be easily found when needed, 
 all the books, documents, records, papers, ordinances and resolu-" 
 tions, and proceedings hereby placed and hereafter to come 
 under his charge and keeping; and he shall furthermore care- 
 fully collect and arrange and safely keep a complete series of 
 ordinances and resolutions and proceedings of the Mayor and 
 City Council of Baltimore, and all other books, papers and 
 memorials relating to Baltimore, from its beginning as a town 
 to the present time, and this shall continue to be one of his 
 regular duties, and he shall not permit any book or books, or 
 documents of said series to be taken or removed by any one from 
 the City Library, and he shall permit no other book, document, 
 record or paper of any sort to be taken from the City Library, 
 except by city officers, and then only on a written receipt from 
 such city officer or officers for the same, which receipt shall be 
 written in a book to be kept for that purpose, and shall be duly 
 cancelled on the return of the book, documents, records or papers 
 so borrowed ; and he shall see that no books, documents, records 
 or papers of any sort be lost or mislaid by said city officers ; he 
 shall also carefully prepare and keep an index for that purpose 
 of all the books, documents, records and papers of said library. 
 Room shall be provided in the City Hall, and properly furnished 
 for the reception and custody of said library. The salary of the 
 City Librarian shall be one thousand five hundred dollars per 
 annum, payable monthly ; and he shall give a good and sufficient 
 bond, to be approved as authorized by this Article, in the sum of 
 live thousand dollars, for the faithful performance of his duties 
 in the premises. 
 
 The provisions of the Charter in relation to the City Librarian and 
 his duties were largely embodied from Art. xxxii of the Baltimore City 
 Local Code (1893). 
 
 1906, ch. 111. 
 
 197. Each of the departments, sub-departments, municipal 
 officers not embraced in a department and special commissions 
 or boards of the ]\layor and City Council of Baltimore shall, on 
 or before the first day of December in every year, furnish to the 
 City Librarian a schedule of all stationery and printed matter, 
 which may be required for the use of such departments, sub- 
 departments, municipal officers and commissions or boards for 
 the year commencing on the first day of January thereafter. It
 
 169 
 
 shall be the duty of the City Librarian, twenty days prior to the 
 first day of January in each year, to advertise for proposals for 
 furnishing all such stationery and printed matter as may be 
 required by the respective departments, sub-departments, 
 municipal officers and commissions or boards of the city, for the 
 ensuing fiscal year, subject to the provisions of sections 14 and 
 15 of this Article. All contracts which may be awarded in pur- 
 suance of the provisions of this section shall contain a clause 
 stipulating that any stationery or printed matter which may be 
 required for the use of any department, municipal officers and 
 commissions or boards aforesaid of the city, over and above the 
 quantity specially designated in said contracts, shall be fur- 
 nished by the contractors at the same rate charged for articles 
 which are specially mentioned in said contracts, and if any 
 supplies are required which are not mentioned in said contract 
 they shall be furnished at the low^est market rates. It shall be 
 the further duty of the City Librarian to furnish to each of the 
 departments of the city, sub-departments, municipal officers not 
 embraced in a department and special commissions or boards, 
 from time to time, upon the requisition of the heads of said 
 departments, sub-departments, municipal officers and commis- 
 sions or boards, the stationery and printed matter which may be 
 necessary for the use of said departments, sub-departments, 
 municipal officers not embraced in a department and special 
 commissions or boards and to keep an accurate account of all 
 supplies which may be furnished ; and he shall annually report 
 to the City Council of Baltimore the quantity of stationery and 
 printed matter which he shall have furnished to the respective 
 departments, sub-departments, nmnicipal officers and commis- 
 sions or boards during the preceding fiscal year and the expense 
 of the same. 
 
 As to powers of Mayor and City Council of Baltimore in relation to 
 contracts for stationery prior to Act 1906. cli. Ill, see, Baltimore v. 
 Weatherby, 52 Md. 442. and cases cited under sections 14 and 15 of 
 the Charter, ante, pages 57, 58, 59. 
 
 198. The City librarian is hereby authorized and directed 
 to appoint two assistants, to be known as First Assistant Libra- 
 rian and Second Assistant Librarian, who shall perform such 
 duties as the Librarian shall from time to time prescribe and 
 direct, and for whose acts the Librarian shall be held responsi- 
 ble. The First Assistant shall give such bond as provided by 
 ordinance and approved by the ]\hiyor. In the event of the 
 necessary ab.sence of the Li})rarian, from sickness or other cause, 
 the First Assistant, with the approbation of the Mayor, shall
 
 170 
 
 have full power and authority to perform all the duties of the 
 Librarian. The salary of the First Assistant Librarian shall be 
 nine hundred dollars per annum, payable monthly, and the 
 salary of the Second Assistant shall be seven hundred and fifty 
 dollars per annum, payable monthly. 
 
 199. There shall be opened, under the direction of the City 
 Librarian, a set of books in which shall be entered all requisi- 
 tions made upon the City Librarian from the difterent depart- 
 ments, sub-departments, municipal officers and connnissions or 
 boards of the Mayor and City Council of Baltimore, from time 
 to time, and each department, sub-department, municipal officer 
 and commission or board shall be charged with all books, 
 stationery and printed matter it may receive from said Libra- 
 rian ; there shall be kept a record of all bids received for books, 
 stationery and printed matter and of the acceptance or rejection 
 thereof. The City Librarian shall permit no bid once filed in 
 his office to be withdrawn therefrom. There shall be copied and 
 filed away all contracts made or entered into between bidders 
 and the Cit}' Librarian ; and there shall be annually prepared a 
 general statement of all the transactions of the City Librarian's 
 office, and presented to the City Council. 
 
 200. The City Library shall be kept open daily from 9 A. M. 
 to 4 P. j\I., and during the sessions of the City Council and at 
 such other times as may be necessary or may be prescribed by 
 ordinance, with the Librarian or his Assistants in attendance. 
 
 COMMISSION" 01^ CITY PLAK 
 
 1910, ch. 114. 
 
 200A. There shall be a Commission on Citv Plan, to consist 
 of the Mayor of the City of Baltimore and eight other members 
 who shall be appointed by the ]\layor in the manner prescribed 
 in section 25 of this Article, who shall hold their offices as in 
 said section provided, and shall serve without pay; one of the 
 said Commissioners shall be president of said Commission, and 
 shall be so designated by the Mayor ; the said Commission may 
 elect a secretary, who shall be paid such salary as may be pro- 
 vided for by ordinance and who shall perform such duties as 
 may be from time to time prescribed by said Commission. The 
 said Commission shall investigate all plans proposed for the 
 construction or extension of public highways in the City of 
 Baltimore and the establishment of a civic center or other public 
 improvements in connection therewith, and shall report the
 
 171 
 
 results of such investigations from time to time to the Mayor 
 and City Council, and shall perform such other duties and 
 exercise such other powers as may be delegated to it or as may 
 be prescribed by ordinance not inconsistent with this Article. 
 
 ART COMMISSION. 
 
 201. There shall be an Art Commission, to consist of the 
 Mayor of the City of Baltimore and seven others, to be named 
 by the following institutions, and appointed by the Mayor in the 
 manner prescribed by section 25 of this Article, and hold their 
 offices as therein provided : One shall be named by the Mary- 
 land Historical Society, one by the Johns Hopkins University, 
 one by the Peabody Institute, one by the Maryland Institute for 
 the Promotion of the Mechanic Arts, one by the Architectural 
 Club of Baltimore, one by the Board of Park Commissioners, 
 and one by the Charcoal Club ; the members of the Commission 
 shall serve without pay. If any of said institutions shall fail to 
 name a Commissioner for thirty days after having been re- 
 quested in writing by the Mayor so to do, the Mayor shall name 
 such Commissioner. 
 
 202. No statue, ornamental fountain, arch or gateway, 
 monument or memorial of any kind shall be erected, nor any 
 change made in those already erected in any public street, 
 avenue, square, place, park or municipal building in the City of 
 Baltimore unless the design and site or proposed change for the 
 same shall have been submitted to the Commission and approved 
 by a majority thereof, and its report shall have been made to the 
 
 ' City Council ; said report shall be made within thirty days from 
 the time when the design and site or proposed change as above 
 specified shall have been submitted to the Commission for its 
 approval. 
 
 203. The Commission shalJ, at the request of the Mayor, or 
 the City Council, give its advice as to the suitability of the 
 design for any public l)ui]ding, ])ridge or other structure, and 
 shall report thercnm in writing to the City Council. All vacan- 
 cies in said Commission shall be filed by the INhiyor from those 
 named by the institutions as herein provided ; and in case any of 
 said institutions fail for thirty days, after receiving the request 
 of the Mayor, to name a person to till \\\c said vacancy, the 
 Mayor sliall fill it witli a person of liis own selection.
 
 172 
 
 SUPEEIXTENDENT OF LAMPS AND LIGHTI:NG. 
 
 204. There shall be a Superintendent of Lamps and Light- 
 ing, who shall be appointed by the Mayor in the manner pre- 
 scribed in section 25 of this Article, and hold his office as therein 
 provided. He shall have under his charge and supervision the 
 lighting of the City of Baltimore, and shall perform the duties 
 now performed by the General Superintendent of Lamps and 
 Inspector and Sealer of Gas Meters, and such other duties as 
 may be prescribed by ordinances, not inconsistent with this 
 Article. He shall have power to appoint an assistant, who shall 
 perform all the duties now performed by the Inspector of 
 Illuminating Gas and Oils. The Superintendent of Lamps and 
 Jjighting shall have the power to appoint such number of district 
 superintendents of lamplighters as the requirements of the city 
 may demand and as are necessary to properly care for the lamps 
 and lighting of the city, and iix their compensation, not to 
 exceed in the aggregate the amount appropriated by ordinance. 
 He shall have power to appoint such clerks and employees as 
 may be necessary to properly conduct his office, and as the 
 annual appropriations of the city for his use in the discharge of 
 his duties may warrant. The compensation of the Superin- 
 tendent of Lamps and Lighting shall be two thousand dollars 
 per annum, payable monthly, and his assistants and the clerks 
 and employees under him shall be paid such fixed salaries as 
 may be prescribed by ordinance, and not in fees ; all fines and 
 inspection fees shall be paid to the Comptroller. 
 
 American Lighting Co. v. McCuen, 92 Md. 705. 
 
 SURVEYOR. 
 
 p. L. L., (1860) Art. 4, sec. 865. P. L. L., (1888) Art. 4, sec. 825. 
 
 205. There shall be a Surveyor, to be elected on the Tuesday 
 next after the first Monday in I^ovember in the year eighteen 
 hundred and ninety-nine, and on the same day in every second 
 year thereafter, and whose term of office shall commence on the 
 first Monday in January next ensuing after his election; his 
 duties and compensation shall be prescribed by the ordinances 
 of the Mayor and City Council of Baltimore. Any vacancy in 
 the office of Surveyor shall be filled by the Mayor and City 
 Council of Baltimore for the residue of the term. 
 
 Baltimore City v. Lyman, 92 Md. 610. 
 
 CONSTABLES. 
 
 1912, ch. 823. 
 
 206. There shall be two Constables for every ward of the
 
 173 
 
 City of Baltimore, who shall be appointed by the Mayor aud 
 City Council of Baltimore and hold their offices for two years. 
 Their duties and compensation shall be the same as are now, 
 or may hereafter be prescribed by law or ordinances. 
 
 Constable failing to qualify within thirty days after his appointment, 
 forfeits his position. 
 
 Little V. Schul, 118 Md. 4.55. {Sec notes to section 623). 
 
 Ordinance passed in pursuance of Charter has same force as Act of 
 the Legislature. 
 
 Gould V. Baltimore, 119 Md. 534. 
 
 SUPEEINTEISTDENT OF PUBLIC BUILDINGS. 
 
 207. There shall be a Superintendent of Public Buildings, 
 who shall be appointed by the Mayor in the manner prescribed 
 in section 25 of this Article, and hold his office as therein pro- 
 vided. The said Superintendent of Public Buildings shall 
 provide for the watching, cleaning and heating, and shall have 
 charge of, the City Hall and the buildings and offices in which 
 the different Courts of the city may be held and in which their 
 records may be kept. He shall receive a salary of one thousand, 
 five hundred dollars per annum, payable monthly, and perform 
 such other duties as may be provided by ordinances, not incon- 
 sistent with this Article. He shall employ such assistants and 
 employees, and at such compensation as may be fixed by ordi- 
 nance. 
 
 PUBLIC PRINTER. 
 
 208. There shall be a Public Printer, who shall be elected on 
 the second Monday of June, in the year eighteen hundred and 
 ninety-nine, and on the same day and month in every second 
 year thereafter, by a convention of both Branches of the City 
 Council. The Public Printer shall be a reputable person, firm 
 or corporation, who shall be bona fide engaged in the printing- 
 business in the City of Baltimore, to execute the printing re- 
 quired by both Branches of the City Council, who shall perform 
 the duties required of him, them or it by ordinances not incon- 
 sistent with this Article, and who shall, before he, they or it 
 enter upon the discharge of his, their or its duties as such, 
 execute a bond to the Mayor and City Council of Baltimore, in 
 the penal sum of five thousand dollars, with the condition that 
 he, they or it will faithfully discharge the several duties incum- 
 bent upon him, them or it, which l)ond shall be deposited in such 
 place as the Mayor may select for depositing papers of this kind, 
 and be delivered by him to his successor in office. 
 
 Baltimore City v. Lyman, 92 Md. .610.
 
 174 
 
 1906, ch. 565. 
 208A. There shall be a Department of Legislative Refer- 
 euce of the Mayor and City Council of Baltimore. The head of 
 said Department shall consist of a Board composed of the Mayor 
 of Baltimore, the City Solicitor, the President of the Johns 
 Hopkins University, the President of the Municipal Art 
 Society, and the President of the ^Merchants and Manufacturers' 
 Association of Baltimore City, and the members of the said 
 Board shall serve without pay. The said Board shall employ 
 a competent statistician as its executive officer to organize and 
 conduct the said Department, and the said executive officer shall 
 hold office from the first day of January, 1907, during good 
 behavior, and shall be subject to removal by the said Board or a 
 majority thereof, for incompetence or neglect of duty. 
 
 1906, ch. 565. 
 
 208B. It shall be the duty of said executive officer to investi- 
 gate and report upon the laws of this and other States and cities 
 relating to any subject upon which he may be requested to so 
 report by the Mayor of Baltimore, any Committee of the City 
 Council or the head of any City Department ; to accumulate all 
 data obtainable in relation to the practical operation and effect 
 of such laws ; to investigate and collect all available information 
 relating to any matter which is the subject of proposed legisla- 
 tion by the General Assembly of Maryland, or the City Council 
 of Baltimore ; to examine acts, ordinances and records of any 
 State or city, and report the result thereof to the jMayor of 
 Baltimore, any Committee of the City Council or the head of 
 any City Department requesting the same ; to prepare or advise 
 in the preparation of any bill, ordinance or resolution when 
 requested so to do by any member of the City Council ; to pre- 
 serve and collect all information obtained, carefully indexed 
 and arranged so as to be at all times easily accessible to city 
 officials and open to the inspection of the general public; to 
 perform such other duties as the said Board may prescribe; and 
 to make a full and complete report thereof on or before the first 
 dav of February of each and everv vear to cover the work 
 for the previous fiscal year ending December thirty-first. 
 
 1906, ch. 565. 
 
 208C. The Board of Estimates shall provide in the ordi- 
 nance of estimates for the year 1907, and annually thereafter, 
 for the pa\anent of the salary of said Executive Officer, which 
 shall not be less than $2,000 per annum, and also a sum suffi-
 
 175 
 
 cieut to pay all other expenses of the said Department of Legis- 
 lative Reference. 
 
 LEGISLATIVE DEPARTMENT. 
 CITY COUI^CIL. 
 
 p. L. L., (1860) Art. 4, sec. 12. P. L. L., (1888) Art. 4, sec. 16. 
 209. The Legislative Department of the Mayor and City 
 Conncil of Baltimore shall be vested in the City Council, which 
 shall consist of two Branches, one of which shall be the First 
 Branch and the other the Second Branch. 
 
 Baltimore City v. Gorter, 93 Md. 1, 8. 
 In connection witli this section, see, Smyrk v. Sharp, 82 Md. 97. 
 
 P. L. L., (1860) Art. 4, sees. 13, 24. P. L. L., (1888) Art. 4, sees. 17, 28. 
 
 210. The First Branch shall consist of one member from 
 each ward of the city, who shall be a citizen of the United 
 States, above the age of twenty-one years, a resident of the city 
 three years preceding his election, and for the same time a resi- 
 dent of the w^ard for which he is elected, and assessed with 
 property to the amount of three hundred dollars, who has paid 
 taxes on the same one year prior to his election, and shall hold 
 his office for two years. Each member of the First Branch shall 
 be paid a salary of one thousand dollars per annum, payable 
 
 monthly. 
 
 Baltimore City v. Gorter, 93 Md. 8. 
 In connection with section 210, see, Kean v. Rizer, 90 Md. 507. Yan- 
 neman y. Pusey, 93 Md. 686, 690. 
 
 P. L. L., (1860) Art. 4, sees. 14, 24. P. L. L., (1888) Art. 4, sees. 18, 28. 
 
 1898, ch. 123. 1901, ch. 8. 
 
 211. The Second Branch shall consist of nine members, one 
 of whom shall be the President thereof, and shall possess the 
 qualifications and bo elected as hereinafter provided. The other 
 eight members shall be elected from four Councilmanic Dis- 
 tricts, two from each district; said district to be established and 
 fixed as herein defined by this Act. The members of the Second 
 Branch, excepting the President thereof, shall be citizens of the 
 United States above the age of twenty-five years, residents of the 
 City of Baltimore four years prior to their election, each of 
 whom -has been assessed with property in the said city in the 
 sum of five hundred dollars, and who has paid taxes on the same 
 for two years prior to his election ; and the said members of the 
 Second Bi-iincli slmll liold thcii- offices for four years, except as
 
 176 
 
 provided iu section 213 of this Article, aud each of them shall 
 
 be paid a salary of one thousand dollars per annum, payable 
 
 monthh'. 
 
 Baltimore City v. Gorter, 93 Md. 8. 
 
 For diet (I of the Court of Appeals in connection with provisions simi- 
 lar to those of section 211, sec, Kean v. Rizer, 90 Md. 507. Vanneman v. 
 Piisey, 93 Md. 686, 690. 
 
 See proviso of Act 1901, ch. 8. relating to present imcumbents. 
 
 P. L. L., (1860) Art. 4, sec 15. 1888. ch. 397. P. L. L., (1888) Art. 4, 
 
 sec. 19. 1908, ch. 157. 
 
 212. The election for members of the First Branch shall be 
 held on the Tuesday next after the first Monday in May in the 
 year nineteen hundred and eleven, and upon every fourth year 
 thereafter. Their terms of office shall be for four years. Said 
 election shall be held by wards, and no person shall be entitled 
 to vote for any member of the First Branch except for the 
 member for the ward of which the voter is a resident. The 
 members of said Branch now in office shall hold office until their 
 successors have been elected under the provisions of this Article, 
 and have duly qualified. 
 
 Baltimore City v. Gorter, 93 Md. 8. 
 
 r. L. L., (1860) Art. 4, sec. 16. P. L. L., (1888) Art. 4, sec. 20. 
 1888, ch. 397. 1890, ch. 10. 1908, ch. 157. 
 
 213. The election for the said eight members of the Second 
 Branch shall be held on the Tuesdav next after the first Mondav 
 in May, in the year nineteen hundred and eleven, and upon every 
 fourth year thereafter. Their terms of office shall be for four 
 years. The members of the Second Branch now in office shall 
 hold office until their successors have been elected under the pro- 
 visions of this Article, and have duly qualified. 
 
 Baltimore City v. Gorter, 93 Md. 8. 
 
 214. There shall be elected on the Tuesday next after the 
 first ]\Ionday iu May, in the year eighteen hundred and ninety- 
 nine, and upon every fourth year thereafter, from the city at 
 large, a person to be the President of the Second Branch of the 
 City Council, who shall possess the qualifications required and 
 hereinbefore defined, of the Mayor of the City of Baltimore. 
 His duty shall be to preside over the Second Branch of the City 
 Qouncih and vote on all questions, and perform such other 
 duties as may be prescribed by ordinances not inconsistent with 
 this Article. He shall be paid a salary of three thousand dollars 
 per annum, payable monthly. A joint convention of the two
 
 177 
 
 Branches of the City Council, by a majority vote of all the 
 members elected to the City Council, may remove from office 
 the President of the Second Branch for incompetency, wilful 
 neglect of duty or misdemeanor in office, upon charges preferred 
 by the Mayor, and after notice of such charges is given to the 
 President of the Second Branch, and an opportunity afforded 
 him to be heard. 
 
 Baltimore City v. Gorter, 93 Md. 8. 
 
 P. L. L.. (1860) Art. 4, sees. 17, 18. P. L. L., (ISSS) Art. 4, sees. 21, 22. 
 
 215. The qualifications of electors of members of the City 
 Council shall be the same as those of electors of the Mayor, All 
 vacancies in the First Branch shall be filled without delav bv 
 the First Branch from the ward in which the said vacancy 
 occurs, by an election of a person possessing the qualifications 
 hereinbefore prescribed, to fill the unexpired term of the former 
 incumbent. If a vacancy occurs in the Second Branch, then 
 said Branch shall forthwith fill said vacancy by the election of a 
 person possessing the qualifications hereinbefore prescribed 
 from the city at large or from the proper Councilmanic District, 
 if there be such District at that time. 
 
 Baltimore City v. Gorter, 93 Md. 8. 
 
 P. L. L.. (1860) Art. 4, sec. 20. 1868, ch. 451. 1888, eh. 397. P. L. L., 
 
 (1888) Art. 4, sec. 24. 
 
 216. The City Council shall meet on the Thursday next after 
 
 the third Monday in May, in the year eighteen hundred and 
 
 ninety-nine, and upon the same day in each year thereafter, and 
 
 may continue in session for one hundred and twenty days, and 
 
 no longer, in each year ; provided, that they may, by ordinance 
 
 or resolution, so arrange their sittings that the same may be 
 
 held continuously or otherwise, and provided further, that the 
 
 Mayor may convene the City Council in extra session, as he may 
 
 now do by the fourth section of the eleventh Article of the State 
 
 Constitution. 
 
 Baltimore City v. Gorter, 93 Md. 8. 
 Ordinances introduced during first legislative year may he passed 
 during second legislative year.. 
 
 Bond V. M. & C. C, 111 Md. 364. 
 
 P. L. L., (1860) Art. 4, sees. 21, 22, 23. P. L. L., (1888) Art. 4, 
 
 sees. 25, 26, 27. 
 
 217. Each Branch of the City (Council may compel the at- 
 tendance of absent members, in such manner and under such 
 penalties as it may 1)V oi'dinance provide. The First Branch
 
 178 
 
 shall appoint its o^^^l President, who shall preside at all its 
 sessions, and shall vote on all questions, and in case of the 
 absence, sickness or other disqualification of the Mayor and the 
 President of the Second Branch, shall perform all the duties of 
 the office of Mayor during the period in which the sickness, ab- 
 sence or disqualification of said officer shall continue. Each 
 Branch of the City Council shall judge of the election and 
 qualifications of its ovra members, subject to appeal by petition 
 of the partv ac'S'rieved to the Baltimore Citv Court. With the 
 concurrence of three-fourths of the whole members of either 
 Branch, it may expel any member for disorderly behavior or 
 misconduct in office, but not a second time for the same offense. 
 Each Branch shall adopt its own rules of procedure, not incon- 
 sistent with this Article, appoint its own officers, regulate their 
 respective compensation not to exceed in the aggregate the 
 amount appropriated by the ordinance of estimates, and remove 
 them at pleasure. Each Branch shall keep a journal of its pro- 
 ceedings, and enter yeas and nays on any question, resolution 
 or ordinance, at the request of any member, and the delibera- 
 tions of both Branches shall be public. 
 
 Heiskell v. M. & C. C. of Baltimore, 65 Md. 125. Zeiler v. Central 
 Ry. Co., 84 Md. 304. Balto. City v. Gorter, 93 Md. 8. Cf., Murdoch v. 
 Strange, 99 Md. 89. 
 
 Potvers of Second Branch City Council. The Charter having clothed 
 the Second Branch with plenary jurisdiction over an election contest, 
 all the powers necessary to make the jurisdiction effective are not 
 implied as incidentally granted. Rules of procedure are binding only 
 upon members and upon others coming within their sphere. Venable v. 
 Upshur, Daily Record, October 11, 1901. 
 
 P. L. L.. (1860) Art. 4, sec. 33. P. L. L., (1888) Art. 4, sec. 29. 
 
 218. The Ma.yor and City Council of Baltimore shall have 
 power to pass all ordinances necessary to give effect and opera- 
 tion to all j)owers vested in the corporation of the City of 
 Baltimore. 
 
 AGENTS OF THE MUNICIPAL CORPORATION. 
 
 Adoption of Unauthorised Acts of Agents. The municipal corporation, 
 in the absence of any required legislative formality, may ratify and 
 adopt a contract made by its agents unauthorized, if the subject-matter 
 thereof be within its power and control and the contract could have been 
 previously authorized by ordinance. 
 
 Baltimore v. Weatherby, 52 Md. 442. ^ 
 
 Implied Anthoriti/ of Agents. From considerations of public policy, 
 public corporations such as states or municipalities, are exempt in a 
 greater degree from responsibility for implied authority founded on the 
 conduct of those whom they employ. 
 
 Tome V. Parkersburg, 39 Md. 75.
 
 179 
 
 Unauthorised Acts of Agents. A municipal corporation cannot be held 
 liable for the unauthorized acts of its agents. 
 
 Mayor & C. C. of Baltimore v. Eschbach, 18 Md. 276. 
 
 No Presumption of Ratification. Cities and other purely municipal 
 corporations ****** have neither property or power for purposes 
 of personal aggrandizement ********* They are themselves 
 agents * * * * and are not to be presumed to recognize and incidentally 
 ratify and confirm acts of their officers beyond the scope of their authority. 
 Mayor, etc. v. Reynolds, 20 Md. 1. 
 
 APPROPRIATIONS. 
 
 Appropriations to aid institutions of a benevolent and charitable char- 
 acter not created by municipal power conferred on the 'Mayor and City 
 Council of Baltimore, are unauthorized. 
 
 St. Mary's Industrial School v. Bi'own, 45 Md. 310. 
 
 Color Line. The state or a municipality may lawfully grant aid to a 
 private educational institution from which colored people are excluded. 
 Clark V. Maryland Institute, 87 Md. 64.3. 
 
 BALLOTS. 
 
 Appointment of Officers. When a municipality is. empowered by 
 charter to provide for the appointment of certain officers, and an ordi- 
 nance provides that these officers shall be chosen by ballot, then, accord- 
 ing to the principles of the common law, a blank ballot cannot be counted 
 in estimating the total number of votes cast ; and the municipality has 
 no power, to declare by resolution, or adopt by usage, as a rule of pro- 
 cedure, that in the election of officers, a blank ballot shall be counted 
 as a vote. 
 
 Murdoch v. Strange, 99 Md. 104. 
 
 BUILDINGS. 
 Refusal of Permits. A municipal ordinance authorizing a permit for 
 a new building to be refused at the discretion of a municipal agency 
 because a building to be erected does not conform in general chai'acter 
 to the other buildings in the neighborhood of proposed building is void. 
 The Charter power to regulate buildings in Baltimore City is limited to 
 regulations guarding against dangers arising from unsafe construction 
 or from the use of inflammable materials, or some similar exercise of 
 the police power. 
 
 Bostock V. Saras, 95 Md. 400. 
 
 CITY COUNCIL. 
 
 City Council Committees. Rule laid down as to when the investigation 
 of a City Council Committee will not be interfered with. 
 
 Williams v. Smyrk, Daily Record, February 18, 1895. 
 Province of the City Council in rclatioii to power to pass ordinances. 
 Smyrk v. Sharp. S2 Md. 97. 
 
 Tax Rate. The City Council is not authorized to fix the tax rate 
 before the report of the Board of Estimates. Right of the City Council 
 to change appropriation proposed in the Ordinance of Estimates, 
 Baltimore City v. Gorter, 93 Md. 8.
 
 180 
 
 CONTRACTS. 
 
 Contracts with the Municiixtlity. The rights, powers and liabilities 
 of a municipality mii.st be considered with reference to the subject-matter 
 to which such contracts relate, and the character in which the municipal 
 body acts in making them. But in respect to contracts made by them in 
 the exercise of powers intrusted to them in their municipal character, 
 exclusively for public purposes, courts have no power to review or 
 control their acts, unless tliey transcend the limits of their delegated 
 powers. 
 
 Rittenhouse v. Mayor, 25 Md. 336. 
 
 Modification of Contracts. Power of the municipal corporation to 
 modify a contract authorized by the Legislature, discussed in — 
 Cumberland v. Wilson, 50 Md. 138. 
 
 JJltra Vires Contracts. When the contract is one which a municipal 
 cori)oration has no authority to make, and is one which will increase the 
 burden of taxation, then an injunction to prevent its execution may 
 issue at the instance of any taxpayer. 
 
 Where a special power is conferred upon officers of a municipal cor- 
 poration to make a contract, and the terms and conditions upon which 
 the authority is to be exercised are prescribed, there must be at least a 
 substantial compliance with such terms and conditions, or tlie contract 
 will be invalid. Baltimore v. Keyser, 72 Md. 109. 
 
 Same. When an Ultra Vires Contract of Municipal Corporation may 
 hecome valid. When a contract by a municipal corporation is ultra vires 
 it becomes valid when subsequently confirmed by the Legislature, if the 
 contract is one which the Legislature might have originally authorized. 
 An injunction will be granted to protect and secure rights acquired 
 under a lawful municipal ordinance. 
 
 C. & P. Telephone Co. v. Baltimore, 89 Md. 689. 
 
 Same. Not an Impairment of a contract. A municipal corporation 
 cannot make a contract which deprives subsequent municipal authorities 
 of their legislative power. The ultra vires contract of a municipal cor- 
 poration is not within the provision of the Federal Constitution for- 
 bidding the impairment of contracts, because where no valid contract 
 exists, there can be no impairment of its obligation. 
 
 Westminster Water Co. v. Westminster, 98 Md. 551. 
 
 ESTOPPEL. 
 
 Application of the Doctrine to a Municipal Corporation. The doctrine 
 of estoppel applied against the city in a case where the act done, was 
 strictly within the powers of the Mayor and City Council of Baltimore, 
 but the corporation failed to comply with some formality or regulation 
 which it should not have neglected. 
 
 Rose v. Mayor, 51 Md. 256. 
 
 FRANCHISES. 
 
 Franchises granted by the Legislature cannot be annulled by ordinance 
 of the Mayor and City Council of Baltimore. 
 
 Lake Roland Elv. R. R. Co. v. Baltimore, 77 Md. 352.
 
 181 
 
 IMrROVEMENTS. 
 
 Abandonment of same by City. A municipal corporatiou lias the right 
 to abandon any contemplated improvement and repeal at its pleasure 
 any ordinance providing for the same, and after such abandonment 
 property owners cannot compel the corporation to take and pay for 
 property condemned for such purposes ; nor does any action lie for an 
 abandonment merely. But where the owner of property suffered loss 
 or damage by the acts or delay of the corporation in any such case, he 
 is entitled to redress for the same. 
 
 Mayor v. Musgrave, 48 Md. 272. Lake Roland Blv. R. R. Co. v. Balti- 
 more, 77 Md. 352. 
 
 LEGISLATURE. 
 
 Power to make Valid Defective Municipal Proceedings. The Legis- 
 latui'e in an act conferring powers upon a municipal corporation, may 
 make valid previous defective proceedings. 
 
 M. & C. C. of Baltimore v. Reitz, 50 Md. 574. 
 
 Poicer to make Valid Ultra Vires Contract. The principle that the 
 Legislature may render valid a contract made by a municipal corpora- 
 tion, though ultra vires at the time it was made, if the contract is one 
 which the Legislature might originally have authorized, applies with 
 peculiar force to the case of a contract relating to work in which the 
 public is interested and which is for the public benefit after it has been 
 executed. 
 
 O'Brian v. Baltimore County, 51 Md. 15. 
 
 LICENSES. 
 
 Poiver to Impose License Fees. A municipal corporation is not author- 
 ized to impose license fees or taxes upon particular trades or industries, 
 unless the power to do so has been conferred upon the municipality by 
 the State. 
 
 Cambridge v. Water Co., 99 Md. 503. 
 
 MARKETS. 
 
 Police Power. The right to regulate markets is a police power. 
 
 State v. Rowe, 72 Md. 548. 
 
 MAYOR AND CITY COUNCIL OF BALTIMORE. 
 
 Nature of the Corporation. The Mayor and City Council of Baltimore 
 are but trustees of the public; the tenure of their office impresses their 
 ordinances with liability to change. They could not, if they would, 
 pass an irrevocable ordinance. The corporation cannot abridge its 
 legislative powers. 
 
 State v. Graves, 19 Md. 351. Lake Roland Elv. R. R. Co. v. Balto.. 77 
 Md. 352. 
 
 Public Convenience and Welfare. When the power is conferred upon 
 the Mayor and City Council of lialtimore to do certain acts when, in its 
 opinion, "the public convenience and welfare require it," its .iudgment 
 upon the question is final. 
 
 Mayor, &c., of Balto. v. Clunet, 23 Md. 450.
 
 182 
 
 ORDINANCES. 
 
 Compihitiini of Onlindtwes. It is competent for a municipal legisla- 
 ture by a single ordinance to declare any compilation of ordinances or 
 proposed ordinances to be in force, in the absence of a statutory pro- 
 hibition. 
 
 Garrett v. Janes, 65 Md. 260. 
 
 Construction of Ordinances. 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 germane to 
 its subject-matter. 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. 
 
 Mayor v. Hughes, 1 G. & J. 480. State ex. rel. Mayor v. Kirkley et al. 
 29 Md. 85. 
 
 General Ordinances. Rights of a citizen under general ordinances — ■ 
 When a citizen is entitled to certain rights under a general municipal 
 ordinance, he cannot be deprived of them by a resolution of the City 
 Council which excepts him from the operation of the ordinance, but 
 leaves it in force. 
 
 Gallagher v. Flury, 99 Md. 181. 
 
 Neto Charter. — Its effect upon existing ordinances. 
 
 Bostock V. Sams. 95 Md. 400. 
 Ordinance of Estimates. Powers of City Council and Board of Esti- 
 mates in relation thereto under the New City Charter. 
 Baltimore City v. Gorter, 93 Md. 8. 
 
 Ordinances. — An ordinance has all the force of statute law upon the 
 City itself and all its citizens, and it can no more be ignored by the 
 municipal corporation or any of its branches of government, than it 
 could be by the humblest citizen. 
 
 Bond v. Malster, Daily Record, July 6, 1899. 
 
 Preamhle of Ordinance or statute, may be a key to its proper construc- 
 tion and interpretation. 
 
 Mayor v. Moore, 6 H. & J. 381. 
 
 Recitals in Ordinances of Basis of Power Unnecessary. Where the 
 power actually exists to pass an ordinance, no power need be stated 
 therein as its basis. 
 
 Methodist Protestant Church v. Mayor, &c., 6 Gill 391. Baltimore v. 
 Ulman. 79 Md. 384. 
 
 Repealing Ordinances. A repealing ordinance cannot affect or destroy 
 any right which was acquired under the first ordinance before its repeal. 
 McMechin v. Mayor. 2 H. & J. 41 : 3 H. & J. .534. 
 Same. Priority Bettccen Ordinances. Repeal of ordinances by impli- 
 cation. Smyrk v. Sharp, 82 Md. 97. 
 
 Validity of Ordinances. An ordinance is not invalid and void simply 
 because in its passage the rules of procedure of the City Council have 
 been violated, and the Court cannot inquire into such violation. 
 Zeiler v. Hooper, Daily Record, Sentemher 23, 1896.
 
 183 
 
 Violation of Municipal Ordinances. When restrained. The violation 
 of a municipal ordinance will not be restrained by injunction at the 
 instance of a party who does not show tliat such violation will work 
 some special or irreparable injury to him. 
 
 King V. Hamill, 97 Md. 103. 
 
 Void Ordinances. Where a municipal corporation is seeking to enforce 
 a void ordinance, a court of equity has jurisdiction, at the suit of any 
 person injuriously affected thereby, to stay its execution by injunction. 
 
 Baltimore v. Radecke, 49 Md. 217. Baltimore v. Scharf, 54 Md. 526. 
 Deems v. Mayor & C. C. of Balto., SO Md. 172. 
 
 POWERS OF MUNICIPALITY. 
 
 Definition and Discussion of the Various Municipal Powers. Control 
 of the Legislature over corporate powers. 
 
 M. & C. C. of Baltimore v. State, 15 Md. 376. Glenn v. Mayor, 5 
 G. & J. 424. 
 
 A Municipal Corporation cannot abridge, diminish or enlarge its own 
 powers by a rule made by itself. 
 
 Heiskell v. M. & C. C. of Baltimore, 65 Md. 125. 
 
 Construction of Powers. The powers of a public corporation are to be 
 strictly construed. 
 
 Baltimore v. Gill, 31 Md. 375. 
 
 Delegated Powers. 
 
 Mayor, &c. v. Hughes, 1 G. & J. 480. 
 
 Exercise of Powers. Ordinances passed in exercise of particular 
 powers. The exercise of a power delegated to the municipality for the 
 l>ublic good, is imperative and not discretionary. What constitutes a 
 valid exercise of a power delegated to the Mayor and City Council of 
 Baltimore. 
 
 Glenn v. Mayor, 5 G. & J. 424. Mayor, &c. v. Marriott, 9 Md. 160. 
 Deems v. M. & C. C. of Baltimore, 80 Md. 172. 
 
 Same. Power to Provide for Exercise of a Delegated Power. The 
 possession of a power by a corporation to do an act, is of itself the pos- 
 session of the right to provide for the doing of the act by agents. But 
 the giving of a power to a corporation, and the authority to provide for 
 the exercise of the power, are different. The authority to provide for 
 the exercise of a power not being the possession of the power itself, but 
 a right only to confer it, or to authorize the exercise of it by others. 
 Mayor, &c., Balto. v. Howard, 6 H. & J. 389. 
 
 Legislature. When the Mayor and City Council of Baltimore are 
 liresuuied to have all the power of the Legislature in a particular case. 
 
 Harrison v. Mayor, 1 Gill. 264. 
 
 Limitation on Exercise of Munivipal Powers. The corporate authori- 
 ties of the city can exercise no power which is not, in express tei'ms, or 
 hy f;iir and reasonable implication, conferred \\\)o\\ th»> corporation. 
 St. Mary's Industrial School v. Brown, 45 Md. 310.
 
 184 
 
 Police Power. Tlie power of the municipality in relation to streets is 
 classed as belonj^inj: to the police power; it is the duty of the city to 
 preserve them ft)r lejiitiniate purposes. 
 
 Lake Rol. Elv. K. K. Co. v. Balto., 77 Md. 352. Deems v. M. & C. C. 
 of Balto., SO Md. 172. 
 
 Power to Regulate does not include Power to Prohibit. The power 
 given to a municipality to regulate the manner of doing a thing, does 
 not include the power to prohibit altogether the doing of the thing. The 
 power given by statute to the Mayor and City Council of Baltimore to 
 regulate the manner of appointing persons to office under the corpor- 
 ation does not embrace a power to destroy the right of the Mayor to 
 nominate such officers, subject to confirmation by the City Council, when 
 such right is expressly conferred by statute upon the Mayor. 
 
 Hooper v. Creager, 84 Md. 256. 
 
 QUORUM. 
 A Majority of a legislative body is in all cases a quorum, entitled to 
 act for the whole, except when the power that created it has otherwise 
 directed. A majority of the members of each Branch of the City Council 
 of Baltimore is a quorum. 
 
 Zeiler v. Central Ry. Co., 84 Md. 304. 
 
 TAXING POWER. 
 
 Belongs to Legislature. The taxing power belongs to the Legislature 
 and it will not be held as conferred upon a municipal corporation unless 
 it be by express and unequivocal language or necessary implication. 
 
 State V. Rowe. 72 Md. 548. 
 
 ULTRA VIRES ACTS. 
 Incapable of Ratification. Where the Mayor and City Council of 
 Baltimore has no power to authorize an a*ct to be done, it being ultra 
 vires, it has no power to adopt it after it is done. 
 
 Horn V. Mayor, 30 Md. 218. 
 
 The necessity and reasonableness of the passage of an ordinance is 
 primarily committed to the Council, and unless the ordinance is purely 
 arbitrary, oppressive and capricious, the Courts will not interfere to 
 prevent its enforcement. 
 
 Baltimore v. WoUman, 123 Md. 310. 
 
 P. a. L., (1860) Art. 37, sec. 48. P. L. L..- (1888) Art. 4, sec. 15. 
 
 219. Ordinances and resolutions of the Mayor and City 
 Council of Baltimore may be read in evidence from the printed 
 volumes thereof published by authority of said corporation. 
 
 Garrett v. Janes, 65 Md. 265. Central Savings Bank v. Baltimore, 71 
 Md. 523. 
 
 In relation to construction of sec. 219. see also. Shanfelter v. Mayor, 
 etc., 80 Md. 487. Field v. Malster, 88 Md. 704. 
 
 220. The style of all ordinances shall be : ''Be it ordained 
 by the Mayor and Citv Council of Baltimore."
 
 185 
 
 221. Every legislative act of the Mayor and City Council of 
 Baltimore shall be by ordinance or resolution. No ordinance or 
 resolution shall be passed except by a vote of a majority of all 
 the members elected to each Branch, and on its final passage the 
 vote shall be taken by yeas and nays, the names of members 
 voting for and against the same being entered on the journal. 
 Every ordinance enacted by the city shall embrace but one 
 subject, which shall be described in its title, and no ordinance 
 shall be revived, amended or re-enacted by mere reference to its 
 title, but the same shall be set forth at length, as in the original 
 ordinance. And no ordinance shall become effective until it be 
 read on three different days of the session in each Branch, unless 
 all the members elected to the Branch where such ordinance is 
 pending shall so determine by yeas and nays, to be recorded on 
 the Journal, and no ordinance shall be read a third time until 
 it shall have been actually engrossed for a third reading. 
 
 Glenn v. M. & C. C. of Baltimore, 5 G. & J. 424, 429. Central Savings 
 Bank V. Balto., 71 Md. 523. Baltimore City v. Gorter, 93 Md. 8. C/., 
 Dreunen v. Bank, 80 Md. 316. Whitman v. Stoll, SO Md. 417. Baltimore 
 City V. Stewart, 92 Md. 547. Sindall v. Baltimore City, 93 Md. 526. 
 Hagerstown v. Startzman, 93 Md. 612. Ordinances inti-oduced during 
 first legislative year may be passed during second legislative year. 
 Bond V. M. & C. C, 111 Md. 364. 
 As to sufficiency of title, see, 
 
 Baltimore v. Wollman, 123 Md. 310. 
 
 222. In case it becomes necessary for the President of the 
 Second Branch to fill the unexpired term of the Mayor, as herein 
 provided, the Second Branch shall thereupon elect a new Presi- 
 dent for the unexpired term, but they shall not elect as such 
 President one of their own number. 
 
 MISCELLANEOUS LOCAL LAWS. 
 
 ADVERTISEMENTS. 
 
 1908, ch. 142. 
 
 222a. That whenever the Mayor and City Council of Balti- 
 more or any official, ofiicer, employee, agent or agency thereof, 
 shall be required or authorized under the provisions of any 
 general or local law, or ordinance, now in force or hereafter to 
 be enacted or adopted, to publish a notice of any description 
 what.soever in more than one newspaper, one of siu^h news- 
 papers, in the discretion of the said municipal corporation, or of 
 the said official, officer, employee, agent or agency thereof, may 
 be a newspaper published in the German language, and such
 
 186 
 
 publication shall under such circumstances have the same 
 validity in all respects as if such newspaper was published in 
 the English language, but nothing in this Act shall be taken as 
 affecting the provisions of section 49 of Article 4, title "City of 
 Baltimore,'' of the Code of Public Local Laws of Maryland. 
 
 1914, ch. 477. 
 
 222b. That any notice or advertisement required by any 
 law or ordinance to be published once in a daily newspaper by 
 any department, sub-department, municipal officer not embraced 
 in a department, or special commission or board of the Mayor 
 and City Council of Baltimore, or by any other party, may here- 
 after be published in the Municipal Journal, issued by the 
 Mayor and City Council of Baltimore, instead of in a daily 
 newspaper. Any such advertisement or notice required by any 
 law or ordinance to be inserted once or more than once in two 
 01" more daily newspapers published in the City of Baltimore 
 may hereafter be inserted in one daily newspaper published in 
 said city, the number of times required by such law or ordi- 
 nance, and in every issue of the Municipal Journal published 
 during the time said advertisement or notice is running. Any 
 advertisement or notice which is hereafter published, as herein- 
 above directed, shall have the same legal effect as if it had been 
 published in strict conformity to the law or ordinance requir- 
 ing such publication, as such law or ordinance existed prior to 
 the passage of this Act. And all laws and parts of laws, and 
 all ordinances and parts of ordinances inconsistent with this 
 Act are hereby repealed to the extent of such inconsistency, 
 provided that nothing contained herein shall affect the provision 
 of any law requiring any advertisement to be inserted in a paper 
 published in the German langiiage, and nothing herein shall 
 prevent the Mayor and City Council of Baltimore, or any de- 
 partment, sub-department, municipal officer not embraced in a 
 department, or special commission or board from inserting any 
 advertisement or notice in one or more than one daily news- 
 paper published in the City of Baltimore, in addition to the 
 advertisement herein provided for in the Municipal Journal, 
 whenever in its or their judgment such additional advertisement 
 should be made. 
 
 ARBITPtATION— COURT OF. 
 
 1878, ch. 383. P. L. L., (1888) Art. 4, sec. 65. 
 
 223. The Board of Trade shall have power and authority to 
 create and organize within itself a Court of Arbitration for the
 
 187 
 
 adjudication and settlement, according to the principles of law, 
 equity and commercial usage, or of either, applicable thereto, of 
 any and all controversies concerning or growing out of contracts 
 of sale, manufacturing or letting on rent ; of the making or 
 negotiating or transfer of bills of exchange, promissory notes, 
 bills of lading, railroad, warehouse or similar receipts, and other 
 such commercial paper; of guaranties, of agency, of bailment, 
 of partnership, of insurance, of affreightment, or of any other 
 transaction, of whatever specific class, pertaining to trade, com- 
 merce, navigation, manufactures or mechanical arts, or business 
 connected with any of these, or contracts for personal work, 
 labor and service done or rendered, or to be done or rendered, in 
 and about the pursuit and transactions of trade, commerce, 
 navigation, manufactures or mechanical arts, one or more of the 
 parties to which controversies is or are members of the said 
 corporation, in all cases wherein such controversy is by the con- 
 sent of all the parties thereto, signified by a submission in writ- 
 ing, referred for adjudication and settlement to said court. 
 
 As to rule when Public Local and Public General laws conflict, see, 
 Everett \. Avery, 19 Md. 143. Mayor v. Groshon, 30 Md. 436. Cooper 
 V. Holmes, 71 Md. 20. McCraeken v. State, 71 Md. 54. State v. Falken- 
 ham, 73 Md. 466, 467. Hooper v. Creager, 84 Md. 259. Herbert v. Co. 
 Com'rs, Balto. Co., 97 Md. 639. 
 
 1878. ch. 383. P. L. L., (1888) Art. 4, sec. 66. 
 
 224. In order to the due and effective execution of the power 
 in the next preceding section granted, the said corporation 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 dele- 
 gation, in such meeting, by rule or otherwise, made through the 
 officers and directors, constituting the Board of Directors or 
 management of said corporation, in either case by the con- 
 curring votes of a majority of the members of said corporation 
 or Board of Directors, as the case shall be, present at such meet- 
 ing of the one or the other for the purpose — pro^'ided there be 
 then and there a quorum present, as constituted by the Constitu- 
 tion, Articles of Association or By-Laws of the said corporation 
 or Board of Directors — from time to time to elect from among 
 those persons who have been, or before any such election shall 
 have been, admitted to practice law in this State, one learned in 
 the law and possessing such other qualifications as the said cor- 
 poration sli;ill, by rule or regulation, as hereinafter empowered.
 
 188 
 
 prescribe, whether such person be a member of said corporation 
 or not, unless otherwise provided by such rule or regulation, as 
 Judge of the said Court of Arbitration, and also to elect in like 
 manner, or to provide for the election or appointment of a Clerk 
 of the said Court; and shall have power also, by rules and regu- 
 lations duly adopted by the said corporation in such corporate 
 meeting as aforesaid, or by the delegation of said corporation in 
 such meetings made by its said Board of Directors to define the 
 duties, powers and functions of the said Judge and of the said 
 Clerk, and of any other members or officers of the said Court of 
 Arbitration provided for as hereinafter is authorized, and to 
 determine the jurisdiction of the said Judge, original and ap- 
 pellate, whether sitting alone or with laymen, members of the 
 said corporation associated 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 
 the currency of the 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 prompt 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 or them, to appeal to the said Judge, or as assessors 
 associated with the said Judge when parties so choose, and to 
 define, in such cases, the powers, duties and authority of such 
 lay arbitrators or assessors; and also prescribe the forms and 
 modes of application, procedure, pleading, practice, trial and 
 process in the said court, in all the necessary details thereof, and 
 the effect of the awards and judgments or decisions of the said 
 court, as to the finality or conclusiveness or otherwise thereof, 
 and the methods and means of securing compliance therewith by 
 the parties; and also to regulate the costs and fees to be paid by 
 the parties to any such controversy, so submitted, and the 
 amount and time and manner of payment thereof, and the dis- 
 position 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 
 to be intended to provide for enforcing payment or other per- 
 formance of the award, judgment or decision of the said Court 
 or Board of Arbitration by any final process of execution other- 
 wise than is directed in the succeeding section.
 
 189 
 
 187S, ch. 383. P. L. L., (1888) Art. 4, see. 67. 
 
 225. When, in any such case so submitted as is hereinbefore 
 provided, an award, judgment or decision shall have been ren- 
 dered by the said Court or Board of Arbitration, that is, accord- 
 ing to the rules and regulations hereinbefore authorized, final 
 and conclusive upon the parties, and shall have been recorded by 
 the Clerk of the said Court in a book to be provided and kept for 
 the purpose within a time limited therefor in the said 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, judg- 
 ment or decision, under his hand and seal of the corporation; 
 and if the said award, judgment or decision, shall be for the 
 recovery by the one party and pajmient to him by the other, of a 
 certain sum of money, the said successful party shall, upon his 
 filing the said award, judgment or decision so certified, with the 
 Clerk of the Superior Court of Baltimore City, or at his option 
 with the Clerk of the Court of Common Pleas of said city, have 
 the right to have the same entered by its proper style, in the 
 name of such successful party as plaintiff, against the losing 
 party as defendant, in its order of time, upon the court calendar 
 or docket of causes to be called at the next succeeding term or 
 rule day of said court, whichever shall first occur, and upon the 
 call thereof in its course, to have judgment at once ordered and 
 entered up, as upon a verdict for the recovery of the same 
 amount, according to the practice of said court, and to have 
 process of execution for its enforcement and satisfaction in all 
 respects as if the said amount had been recovered by a judg- 
 ment of the said court in a regular suit between the same parties 
 in the same relative position on the record, there instituted and 
 prosecuted in the ordinary modes of proceeding therein ; but if 
 the said award, judg-ment or decision shall be for the recovery 
 by the one party, and the surrender or delivery by the other to 
 him of the possession of specific property, the said successful 
 party, upon filing such award, judgment or decision, so certified 
 as aforesaid, with the Clerk of the Circuit Court of Baltimore 
 City, or such other court therein as shall at the time have juris- 
 diction there of causes in equity, shall have the right, on or at 
 any time after the first day of the next succeeding term, or on 
 or at any time after the next succeeding rule day of the said 
 court, whichever shall first occur, to have, upon motion therefor, 
 an order made by the said court, affirming the said award, judg- 
 ment or decision, and making the same a decree of the said
 
 190 
 
 court, aud to have the same enforced, if the recovery be of the 
 possession of hmd, freehold or leasehold, by a writ in the nature 
 of a writ of habere facias possessionem, such as the said Court 
 is authorized to issue for the purpose of putting a purchaser 
 under its decree in possession of the land purchased by him, and 
 to be executed in the same manner and by the same officer 
 against such losing party to such award, judgment or decision, 
 and any and all and every other person in possession of said 
 land, claiming the same bv virtue of a title derived from, 
 through or under such losing party, and acquired subsequently 
 to the date of such award, judgment or decision, which said 
 writ the said court is authorized and empowered to issue for this 
 purpose upon application in writing of such successful party to 
 the said award, judgment or decision, in person or by attorney, 
 verified by the affidavit of himself or his attorney, unless good 
 cause to the contrary shall be shown by such party in possession 
 within not less than fifteen or more than thirty days after notice 
 in writing of such application served upon such party in pos- 
 session 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 OF THE CORN" AND 
 
 FLOUR EXCHANGE. 
 
 1870, ch. 136. P. L. L., (1888) Art. 4, sec. 68. 
 
 226. The Board of Directors of the Corn and Flour Ex- 
 change shall annually elect by ballot, five members of the asso- 
 ciation, who are not members of the Board, as a committee, to 
 be known as the Arbitration Committee of the Baltimore Corn 
 and Flour Exchange. The Board of Directors may, at any 
 time, fill any vacancy in said conmaittee for the remainder of 
 the term in which such vacancy may happen. The duty of the 
 Arbitration Committee shall be to hear and decide any contro- 
 versies which may arise in business between the members of 
 said organization or said members and other persons as may be 
 voluntarily submitted to the said 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 controversy 
 so arising as might be the subject of an action at law or in 
 equity, except claims of title to real estate.
 
 191 
 
 1870, ch. 136. P. L. L., (1888) Art. 4, sec. 69. 
 
 227. The mode of proceeding of said Arbitration Com- 
 mittee, shall be regulated by the by-laws of the corporation, 
 which shall be substantially complied with in all cases, without 
 prejudice, however, to any award from merely formal irregu- 
 larity. The said committee shall have power to apply to any 
 Justice of the Peace for the City of Baltimore to issue subpoenas 
 and other compulsory process to procure the attendance of 
 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 collectible from the 
 parties on whose behalf the said witnesses shall be summoned 
 and attend, in the same manner and by the same means, as if 
 adjudged to be paid by a judgment of the justice who shall act 
 in the premises in a civil suit between the same parties depend- 
 ing before him. A majority of said committee may act in all 
 cases, and a majority of such majority shall have power to 
 render an award in the name of and as an act of the committee. 
 No dissenting award or opinions shall be rendered or placed 
 among the proceedings, or upon the records of the committee or 
 the corporation ; the award of the committee rendered in con- 
 formit}- 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 tiled among the proceedings of the commit- 
 tee, but copies shall be given by the secretary, with his attesta- 
 tion and the seal of the corporation attached, to the respective 
 parties, as soon as may be after said award shall have been 
 rendered. 
 
 As to setting aside an award under arbitration, see, Mitcliell v. Price, 
 Daily Kecord, February 10, 1894. In relation to arbitration and award, 
 see also, Koberts v. Consumers' Can Co., 102 Md. 302. 
 
 1870, ch. i;;('). P. L. L., (1888) Art. 4, sec. 70. 
 
 228. If the parties to any submission shall agree to do so 
 they may stipulate as part of said submission, in writing, that 
 the award of the committee rendered in conformity herewith 
 and with the by-laws, shall stand and avail as against them to 
 the same effect as a judgment or decree of a court of competent 
 jurisdiction, in which case either party desiring and entitled to 
 the enforcement of said award, may file a copy of the same and 
 of the submission, attested under seal by the secretary of the
 
 192 
 
 corporation, for record with the clerk of any court of tliis State 
 having jurisdiction of the subject-matter, and the person against 
 whom said enforcement is sought ; and thereupon it shall be the 
 duty of said court, on motion or application, ex parte, at any 
 time after ten days from the filing of the award, to enter judg- 
 ment or decree thereupon, as upon a final award made by 
 referees under rule of court ; upon which judgment or decree, 
 execution shall issue without stay. No matter afi^ecting the title 
 of real estate, however, shall be submitted to or arbitrated by 
 the said committee under this or the preceding section, but the 
 committee may direct in its award the payment of the costs and 
 expenses of the arbitration, and the amount thereof shall be 
 embraced as a principal sum in the judgment or decree to be 
 rendered; if awarded, to be paid by the party against whom, 
 such judgment or decree is sought. No judgment or decree 
 rendered on any such award shall be liable to be stayed, except 
 upon allegation, under oath of the defendant, of manifest fraud 
 in the procurement or rendition of the award, or of a material 
 and substantial failure of the committee specifically alleged and 
 set fortli, to comply with the by-laws or sections 226 or 227, in 
 the hearing and determination of the matters submitted ; nor 
 shall any such judgment or decree be quashed, modified or 
 stricken out, except upon satisfactory proof of the matters so 
 required to be so alleged ; neither shall there be any appeal in 
 any case from the original judgment, order or decree, whereby, 
 after a hearing of the allegations and proofs as aforesaid, the 
 said original judgment or decree shall be maintained. 
 
 ASSAULT AND BATTERY. 
 
 p. L. L., (1860) Art. 4, sec. 155. P. L. L., (1888) Art. 4, sec. 71. 
 
 229. Any person who shall, without any provocation, assault 
 and beat any person in any of the streets, lanes, alleys or 
 highways of the City of Baltimore, or at any place of public 
 resort or amusement, between the hours of six o'clock in the 
 evening and six o'clock the following morning, or who shall 
 counsel, aid or abet in such assault and battery, shall be fined in 
 a sum not less than twenty-five dollars and be imprisoned not 
 less than one month, or the Judge of the Criminal Court of 
 Baltimore City, or the judge having jurisdiction of the ofi^ense, 
 may, in hiS discretion, sentence the person convicted of such 
 offense to confinement in the penitentiary for a period not less 
 than six months nor more than two years. 
 
 P. L. L., (1860) Art. 4, sec. 156. P. L. L., (1888) Art. 4, sec. 72. 
 
 230. It shall not be necessary to state with more particu-
 
 193 
 
 larity than is now necessary in proceedings for assaults and 
 batteries, the time or phice of such assault and battery in the 
 recognizance or commitment on which the said person is tried, 
 but the said person may be tried on a recognizance or commit- 
 ment for a common assault and battery, and shall be sentenced 
 by the court according to the facts proved at the trial. 
 
 P. L. L., (1860) Art. 4, sec. 157. P. L. L., (1S88) Art. 4, sec. 73. 
 
 231. In case the said person is tried upon a presentment or 
 indictment, it shall only be necessary to allege in the present- 
 ment or indictment that the offense was committed between the 
 hours aforesaid, and that it was committed on a highway in 
 the City of Baltimore, or at a place of public resort or amuse- 
 ment, without setting forth said highway or place of public 
 resort or amusement by name. 
 
 AUCTIOISrS. 
 
 ' 232. Repealed by Act of 1900, Chapter 208. 
 
 233. Repealed by Act of 1900, Chapter 208. 
 
 234. Repealed by Act of 1900, Chapter 208. 
 
 P. L. L., (I860) Art. 4, sec. 88. P. L. L., (1888) Art. 4, sec. 77. 
 
 235. The duties shall be calculated on the sums for which 
 
 the property or goods so exposed to sale shall be respectively 
 
 struck off, and shall in all cases be paid by the person making 
 
 the sale. 
 
 State V. Hoboken Bank, 84 Md. 325. 
 
 P. L. L., (1860) Art. 4, sec. 89. P. L. L., (1888) Art 4. sec. 78. 
 
 236. E'o duties shall be chargeable upon any goods, wares, 
 merchandise or other property sold by any auctioneer at pri- 
 vate sale on the days of his public auction, or unless the same 
 be part of what was offered for sale at said public auction or 
 was advertised to be sold thereat. 
 
 P. L. L., (1860) Art. 4, sec. 90. P. L. L., (18S8) Art. 4, sec. 79. 
 
 237. The duty imposed on all sales of lands, tenements and 
 hereditaments, or of any interest therein, at public auction in 
 the City of Baltimore, shall be a lien on the said property 
 when sold as aforesaid. 
 
 State V. Hoboken Bank, 84 Md. 325. 
 (8)
 
 194 
 
 P. L. L., (1860) Art. 4, sec. 91. P. L. L., (1888) Art. 4, sec. 80. 
 
 238. Every purchaser of lands, tenements or hereditaments, 
 or of any interest therein, purchased at public auction in the 
 City of Baltimore, shall be bound to pay the auction duty on 
 such sale and be entitled to claim the said payment as a credit 
 on his purchase as aforesaid. 
 
 State V. Hobokeu Bank, 84 Md. 325. 
 
 P. L. L., (18G0) Art. 4, sec. 92. P. L. L., (1888) Art. 4, sec. 81. 
 
 239. All goods and property, of what kind soever, shall in 
 all cases be struck off to the highest bidder ; and where the auc- 
 tioneer or owner, or any person employed by them or either of 
 them, shall be such bidder, the goods or property shall be subject 
 to the same duties as if struck off to any other person ; but this 
 section shall not be construed to render valid any sale that would 
 otherwise be deemed fraudulent and void. 
 
 Warehime v. Graf, 83 Md. 98. 
 
 P. L. L., (1860) Art. 4, sec. 93. P. L. L., (1888) Art. 4, 
 sec. 82. 1894, ch. 350. 
 
 240. The Governor, by and with the advice and consent of 
 the Senate, shall biennially appoint as many auctioneers in the 
 City of Baltimore as he may think proper, not to exceed thirty. 
 
 P. L. L., (1860) Art. 4, sec. 94. P. L. L., (1888) Art. 4, sec. 83. 
 
 241. Each person so appointed, the amount of whose sales 
 of goods, wares, merchandise and personal property of every 
 kind, exclusive of his real estate sales and sales of houses, shall 
 not exceed the sum of one hundred and fifty thousand dollars, 
 shall, before entering upon the duties of his office, enter into a 
 recognizance to the State, with two sufiicient securities, in the 
 sum of five thousand dollars, conditioned for the payment of 
 the duties hereinbefore mentioned to the Treasurer of Marvland, 
 and that he shall in all things well, truly and faithfully behave 
 and conform himself according to the true intent and meaning 
 of this law; and shall also pay to the Treasurer of Maryland 
 the sum of four hundred and fifty dollars, as a license. 
 
 McMechin v. Mayor, 2 H. & J. 41. McMechin v. Mayor, 3 H. & J. 534. 
 
 P. L. L., (1860) Art. 4, sec. 95. 1872. ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 84. 
 
 242. Any auctioneer paying the license fee, and executing 
 the bond prescribed in the preceding section, may make sales 
 of every description of goods, wares and merchandise of every
 
 195 
 
 kind, and real estate, and may exercise all the rights and privi- 
 leges of a general auctioneer to the extent and amount of the 
 sum prescribed in said section ; and he shall make, under oath, 
 quarterly returns to the Comptroller of the City of Baltimore, 
 showing the full amount of his sales of every kind, distinguish- 
 ing his sales of goods, wares and merchandise, and personal 
 effects of every kind, from his sales of real estate and houses ; 
 and if any auctioneer under said license shall sell any amount 
 exceeding the sum named in the last preceding section, he shall 
 be subject to all the penalties hereinafter imposed upon auc- 
 tioneers who shall sell without license. 
 
 This section has been modified to conform to the changes in the law 
 made necessary by the repeal of section 233 of this Article, by Act 
 1900, ch. 208. 
 
 P. L. L., (1860) Art. 4, sec. 96. P. L. L., (1888) Art. 4, sec. 85. 
 
 243. Each auctioneer so appointed whose sales of goods, 
 wares and merchandise, and personal effects of every kind, 
 exclusive of his real estate sales and sales of houses, shall exceed 
 the sum of one hundred and fifty thousand dollars, shall, before 
 he enters upon the duties of his office, enter into a recognizance 
 to the State, with two sufficient securities in the sum of ten 
 thousand dollars, conditioned as hereinbefore prescribed, and 
 shall pay to the State Treasurer the sum of seven hundred and 
 fifty dollars as a license fee. 
 
 P. L. L., (1860) Art. 4, sec. 97. P. L. L., (1888) Art. 4, sec. 86. 
 
 244. If any person so appointed shall desire to pursue the 
 business of an auctioneer for the sole purpose of selling books, 
 maps or prints, by day or by night, he shall be entitled to do 
 so by first entering into a recognizance to the State, with two 
 sufficient securities in the penalty of five thousand dollars, con- 
 ditioned as hereinbefore prescribed, and by paying to the State 
 Treasurer the sum of one hundred and fifty dollars. 
 
 P. L. L., (1860) Art. 4, sec. 98. P. T>. L., (1888) Art. 4, sec. 87. 
 
 245. If any person so appointed shall desire to pursue the 
 business of an auctioneer for the sole purpose of vending horses 
 and carriages, he shall be entitled to do so by first entering into 
 a recognizance to the State, with two sufficient securities in the 
 sum of one thousand dollars, and paying to the State Treasurer 
 the sum of fifty dollars as a license fee. 
 
 p. L. L., (I860) Art. 4, sec. 99. P. L. L., (1888) Art. 4, sec. 88. 
 
 246. A license may, on the request and with the consent of
 
 196 
 
 the party, be issued by the State Treasurer, nunc jiro tunc, so 
 as to avail him for a year from the day on which his license 
 expired, or in such manner as to avail him for any part of the 
 interval the applicant may desire ; but no license issued under 
 this section shall acquit the party obtaining it of any penalty 
 hereby imposed for selling without license, if prosecution there- 
 for shall have been commenced before such license was obtained. 
 
 P. L. L., (1860) Art. 4, sec. 100. P. L. L., (1888) Art. 4, sec. 89. 
 
 247. In case of the death of any auctioneer before the time 
 limited in his license has expired, his co-partner or co-partners, 
 if he has any, or his personal representative, may continue to 
 act under the license for the unexpired term. 
 
 P. L. L., (1860) Art. 4, sec. 101. P. L. L., (1888) Art. 4, sec. 90. 
 
 248. All recognizances directed to be taken by this sub- 
 division of this Article shall be taken by the Clerk of the 
 Court of Common Pleas, and duplicates shall be made of the 
 record of every such recognizance by said clerk, one whereof 
 shall be delivered or be caused to be delivered by such auc- 
 tioneer to the State Treasurer, within ten days after the date 
 of such record, and the other shall be retained by said clerk, 
 who shall be entitled to demand for the same from the auc- 
 tioneer the sum of one dollar. 
 
 P. L. L., (I860) Art. 4, sec. 102. P. L. L., (1888) Art. 4, sec. 91. 
 
 249. The State Treasurer, on his being satisfied that the 
 recognizance herein required has been entered into by any of 
 the persons appointed auctioneers by the Governor, and upon 
 his receiving the license fee required from such person, shall 
 issue a general or special license to such person as the person 
 may be entitled to, for the term of one year from the date of 
 such license. 
 
 P. L. L., (I860) Art. 4, sec. 103. 1872, ch. 249. P. L. L., 
 (1888) Art. 4, sec. 92. 
 
 250. If any person not appointed and authorized in the 
 manner herein directed, nor by nor under some official authority 
 under the laws of the United States, shall sell or attempt to 
 sell any goods, wares, merchandise or efl^ects of any kind, real 
 estate or vessels, in the City of Baltimore, by public auction, 
 he shall be considered guilty of a misdemeanor, and shall be 
 subject to presentment and indictment in the Criminal Court 
 of Baltimore, and shall on conviction, be fined in a sum not
 
 197 
 
 exceeding five hundred dollars nor less than one hundred 
 dollars, or be imprisoned for a term not exceeding three months, 
 or both, at the discretion of the court. 
 
 P. L. L., (1860) Art. 4, sec. 104. 1872, ch. 249. P. L. L., 
 (1888) Art. 4. sec. 93. 
 
 251. If any auctioneer shall sell any goods, wares, mer- 
 chandise or effects or vessels, by way of public auction, with- 
 out having entered into the recognizance and paid the license 
 fee hereinbefore required, he shall be deemed guilty of a mis- 
 demeanor, and shall be subject to presentment and indictment in 
 the Criminal Court of Baltimore, and on conviction thereof 
 shall be fined in a sum not exceeding one hundred dollars nor 
 less than fifty dollars for each and every article so exposed for 
 sale. 
 
 P. L. L., (1860) Art. 4, sec. 105. P. L. L., (1888) Art. 4, sec. 94. 
 
 252. If any auctioneer shall sell any goods or property other 
 than such as he is authorized to sell by the terms of his license, 
 he shall be deemed guilty of a misdemeanor, and shall be sub- 
 ject to presentment and indictment in the Criminal Court of 
 Baltimore, and on conviction thereof shall be fined in a sum 
 not exceeding one hundred dollars, nor less than fifty dollars 
 for each and every article so sold. 
 
 P. L. L., (1860) Art. 4, sec. 106. P. L. L., (1888) Art. 4, see. 95. 
 
 253. If any person commissioned as auctioneer shall neg- 
 lect to take out a license within twenty days after his commis- 
 sion shall have been forwarded to him by the Governor, such 
 commission shall be deemed null and void, and the Governor 
 shall appoint some other person to supply the vacancy in the 
 number of auctioneers caused by such neglect. 
 
 P. L. L., (1860) Art. 4, sec. 107. P. L. L., (ISSS) Art. 4, sec. 96. 
 
 254. The recognizance herein required shall be annually 
 renewed. 
 
 P. L. L., (1860) Art. 4, sec. 108. P. L. L., (1888) Art 4, sec. 97. 
 
 255. If any surety of any auctioneer shall remove from this 
 State or become insolvent the State Treasurer shall demand 
 other surety in his place; and if the auctioneer shall neglect 
 or refuse to give other security within three days after such 
 demand is made his license shall thenceforth be null and void to 
 all intents and purposes as if the same had never been granted,
 
 198 
 
 and the State Treasurer shall immediately give public notice 
 thereof in two or more public newspapers published in said 
 citv. 
 
 P. L. L., (1860) Art. 4, sec. 109. P. L. L., (1888) Art. 4, sec. 98. 
 
 256. If any auctioneer appointed under this sub-division of 
 this Article sliall accept at any time during the continuance of 
 his appointment, an appointment as auctioneer from any other 
 State he shall be deemed to have forfeited his appointment 
 under this sub-division of this Article. 
 
 P. L. L., (1860) Art. 4, sec. 110. P. L. L., (1888) Art. 4, sec. 99. 
 
 257. Every auctioneer in said city shall designate in writing 
 his partner or partners, if any are engaged with him in his said 
 business, and the houses or stores occupied by him for the trans- 
 action of auction business, and shall deposit such writing with 
 the State Treasurer; and if any auctioneer in said city shall 
 enter upon the duties of his office before so doing he shall be 
 deemed guilty of a misdemeanor, and on conviction shall be 
 fined in a sum not exceeding five hundred dollars ; and it shall 
 be the duty of the court before whom such conviction is had, 
 to transmit forthwith a particular report thereof to the Gover- 
 nor, who may in his discretion, inhibit, during his pleasure, the 
 person convicted from acting as auctioneer. 
 
 P. L. L., (1860) Art. 4, sec. 111. P. L. L., (1888) Art. 4, sec. 100. 
 
 258. The Mayor of the city may designate the place or 
 places for the sale of horses and carriages and make such regu- 
 lations in respect to the time and manner of selling horses and 
 carriages at auction, and the riding and driving of such horses 
 and carriages, as he shall deem best calculated to promote public 
 convenience and protect the persons of individuals from danger. 
 
 P. L. L., (I860) Art. 4, sec. 112. P. L. L., (1888) Art. 4, sec. 101. 
 
 259. Every auctioneer appointed and licensed for the sale 
 of horses shall keep a registry of all horses sold by him, speci- 
 fying a description of the horse sold, the sum for which he sold, 
 and the name and residence of the seller and buyer, and shall 
 deposit such registry, with an oath of the truth thereof, at the 
 end of each year with the Clerk of the Court of Common Pleas. 
 
 P. L. L., (1800) Art. 4, sec. 113. P. L. L., (1888) Art. 4, sec. 102. 
 
 260. 1^0 auctioneer specially licensed for selling books, maps 
 or prints shall be entitled to demand or receive, without a pre-
 
 199 
 
 vious agreement to the contrary, from any person, directly or 
 indirectly, a commission exceeding seven dollars and fifty cents 
 for every hundred dollars of the purchase money arising from 
 such sales, exclusive of all duties. 
 
 P. L. L., (1860) Art. 4, sec. 114. P. L. L., (1888) Art. 4, sec. 103. 
 
 261. ]^o auctioneer licensed to sell to the amount of one 
 hundred and fifty thousand dollars, without a previous agree- 
 ment to the contrary, shall be entitled to demand or receive for 
 his services, directly or indirectly, a commission exceeding four 
 dollars clear of all duties, for every hundred dollars of the pur- 
 chase money arising from such sales. 
 
 See decisions of Brown, C. J., in the City Court, March, 1874, in cases, 
 Henry Linker v. Woodville and Norman, and Grotjan and Mitchell v. 
 Emerick. 
 
 P. L. L., (1860) Art. 4, sec. 115. P. L. L., (1888) Art. 4, sec. 104. 
 
 262. No auctioneer, licensed generally for the sale of goods, 
 wares and merchandise, exceeding one hundred and fifty thous- 
 and dollars, without a previous agreement to the contrary, shall 
 be entitled to demand or receive for his services, directly or 
 indirectly, a commission exceeding two dollars, clear of all 
 duties, for every hundred dollars of the purchase money arising 
 from such sales, except upon sales of furniture and wearing 
 apparel, upon which they shall be entitled to receive four 
 dollars, clear of duties, for every hundred dollars arising from 
 such sales; and except also upon the sales of books, stationery, 
 maps and prints, upon which they shall be entitled to receive 
 seven dollars and fifty cents, clear of duties, for every hundred 
 dollars arising from such sales ; and upon these articles the auc- 
 tioneer mentioned in the preceding section may charge a similar 
 amount. 
 
 P. L. L., (1860) Art. 4, sec. 116. P. L. L., (1888) Art. 4, sec. 105. 
 
 263. Any auctioneer who shall receive or accept any greater 
 or higher reward for his services than is authorized by this 
 sub-division of this Article, shall forfeit the sum of five hun- 
 dred dollars for every offense, 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. 
 
 P. L. L., (ISGO) Art. 4, sec. 117. 1872, ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 106. 
 
 264. No auctioneer shall authorize or permit any person
 
 200 
 
 whatever to sell any property of any description whatever, nnder 
 and by virtue of his license, unless the person so authorized 
 or permitted is actually and ho7ia fide in the employment of such 
 auctioneer, and is actually and bona fide a resident of Baltimore 
 City at the time of such employment, and the 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 regular establishment, but an 
 auctioneer may sell public stocks, houses, lots and furniture, or 
 ships or vessels, on the premises where the same may be, or at 
 the exchange, or goods in the original form and packages as 
 imported, and bulky articles, such as have been usually sold 
 in warehouses or in the public streets or on the wharves, at such 
 other places within the city as shall be desired by the owner or 
 importer of such bulky articles or imported goods. 
 
 P. L. L., (1860) Art. 4, sec. 118. 1872. ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 107. 
 
 265. If any auctioneer shall violate any of the provisions 
 of the last preceding section he shall be deemed guilty of a mis- 
 demeanor for every such violation, and shall be subject to pre- 
 sentment and indictment in the Criminal Court of Baltimore 
 and on conviction thereof shall be fined in a sum not exceeding 
 two hundred dollars, nor less than one hundred dollars. 
 
 P. L. L.. (1860) Art. 4, sec. 119. P. L. L., (1888) Art. 4, sec. 108. 
 
 266. Every auctioneer within thirty days after the first 
 days of January, April, July and October of the year for which 
 he shall have been appointed, and in each and every year that 
 he shall hold and continue in the office and duty of such auc- 
 tioneer, shall render to the Comptroller of the City of Balti- 
 more a true and particular account in writing of the money 
 or sums of money for which any goods, wares or merchandise, or 
 other property of every kind, shall have been sold at every sale 
 since entering on the duties of his office, or since the last account 
 was rendered, of the amount of each day's sales and the days 
 when sold, distinguishing the sales made by him personally 
 or in his presence, and those made by his 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 sale, and 
 by him or them sold at auction, and the days on which the 
 same were sold, and particularizing the amount of the several 
 duties chargeable on said sales, duplicate copies of which said 
 accounts, properly sworn to as required in section 267, shall be
 
 201 
 
 transmitted to the Comptroller of the State, by every such 
 auctioneer, within the said thirty days after the said first days 
 of January, April, July and October of the year or years as 
 aforesaid; and every auctioneer shall, within thirty days after 
 rendering such account, pay over to the said Comptroller of 
 Baltimore City, for the use of the State, subject to provisions 
 hereinafter contained, all such sum or sums of money as appear 
 to be due from him to tlie State for duties, according to law. 
 
 r. L. L., (1860) Art, 4, sec. 120. 1872, ch. 249. P. L. L., (1888) 
 
 Art. 4, sec 109. 
 
 267. The auctioneer making such returns, at the time of 
 making the same shall take before some Justice of the Peace, 
 
 or Judge of a court of record the following oath ; "I , 
 
 do solemnly and sincerely swear that the account now exhibited 
 by me, and to which I have subscribed my name, contains a 
 just and true account of all the goods, wares and merchandise, 
 and property of every kind, sold or struck off by me at public 
 sale, or sold at private sale, on the days of my public auctions, 
 or sold or struck off as aforesaid by my co-partner or co-partners 
 (if any there be), or by others in my name, or under my direc- 
 tion, and in my actual and bona fide employment (as the case 
 may be), and the days upon which the same were respectively 
 sold ; that I have examined the entries of all sales mentioned in 
 said account in the books 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 Baltimore City, ac- 
 cording to the best of my knowledge and belief, so help me God." 
 And he shall cause a certificate of the fact that he has taken such 
 oath, duly signed by said Justice or said Judge, and a certificate 
 of the Clerk of the Superior Court of Baltimore City, of the 
 official character of said Justice when signed by him, to be an- 
 nexed to said return ; and no account or return of sales, as pro- 
 vided to be made and rendered in the preceding section shall 
 be deemed or held to be ''a true and particular account," within 
 the meaning of said preceding section, unless the oath herein 
 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.
 
 202 
 
 p. L. L., (1860) Art. 4, sec. 121. 1S72, ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 110. 
 
 268. If any auctioneer shall refuse or neglect to transmit 
 to the State Treasurer a duplicate of the record of his recog- 
 nizance as before required, or shall neglect or refuse to render 
 an account of sales to the Comptroller of the City of Balti- 
 more quarter-yearly, or shall refuse or neglect to transmit a 
 duplicate copy of such account to the Comptroller of the State 
 within the time or times limited for rendering such account 
 or transmitting such duplicates as provided in section 266, or 
 shall refuse or neglect to pay over to the Comptroller of the 
 city the money or moneys due from him to the State for duties, 
 according to law, within thirty days after rendering such ac- 
 count, he shall, in and for each and every such case of refusal 
 or neglect, be deemed guilty of a misdemeanor, and shall be 
 subject to presentment and indictment in the Criminal Court 
 of Baltimore, and on conviction thereof shall be fined in a 
 sum not exceeding seven hundred dollars, nor less than one 
 hundred dollars, and on conviction shall further be deemed to 
 have forfeited his appointment as auctioneer, and shall be dis- 
 qualified from acting as auctioneer under the same; provided, 
 it shall be competent for such auctioneer at the trial of such suit 
 to give in evidence every matter or thing going to show a satis- 
 factory excuse on his part for such neglect or refusal; and if 
 the jury before which such suit shall be tried shall think such 
 excuse satisfactory, they shall return a verdict for the defen- 
 dant; the defendant, however, in such case to pay the costs of 
 the prosecution and provided further, that no suit or indict- 
 ment, or conviction, under this section, for the penalties herein 
 contained, shall be held to bar or prevent the State from bring- 
 ing such civil action or actions in any of the courts of this State 
 against any auctioneer, or on his bond, for the recovery of 
 money that may be due the State, or for the non-performance 
 or mis-performance of any duty imposed upon him by this sub- 
 division of this Article, and for which a civil action would lie 
 against him or on his bond. 
 
 P. L. L., (1860) Art. 4, sec. 122. P. L. L., (1888) Art. 4, sec. 111. 
 
 269. Every auctioneer who, within the period limited for 
 liis accounting shall have made no sales of goods or property 
 of any kind liable to auction duties, shall make and subscribe 
 an afiidavit of those facts before the Judge of the Court of 
 Common Pleas, and shall transmit a copy of the said affidavit, 
 certified by said Judge, to the State Treasurer, within the
 
 203 
 
 same time that an accoimt is required to be rendered, under the 
 penalty prescribed in the last preceding section. 
 
 P. L. L., (1S60) Art. 4, sec. 123. P. L. L., (1888) Art. 4, sec. 112. 
 
 270. It shall not be lawful for the Governor to nominate to 
 the Senate as auctioneer any person who shall not have settled 
 in full at the Treasury office for all amounts due from him 
 on account of auction duties. 
 
 P. L. L., (1860) Art. 4, sec. 124. 1872, ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 113. 
 
 271. If any auctioneer shall be guilty of any fraud or deceit 
 in the discharge of the duties of his office, or shall elude or de- 
 feat any provisions of this sub-division of this Article, for a 
 violation of which no penalties are therein specially prescribed, 
 he shall be guilty of a misdemeanor and subject to presentment 
 and indictment in the Criminal Court of Baltimore, and on 
 conviction thereof shall be fined in a sum not exceeding one 
 thousand dollars, nor less than one hundred dollars for every 
 such offence ; and if any auctioneer shall pay or cause to be paid 
 directly 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 portion 
 of the fee or commission received or receivable by him, and 
 charged by him in his account for making any sale of such real 
 estate or property for such trustee, attorney, executor or ad- 
 ministrator, he shall be deemed guilty of a misdemeanor, and 
 on conviction thereof in the Criminal Court of Baltimore shall 
 be fined in a sum not exceeding two hundred dollars, nor less 
 than fifty dollars, for every such offence, and such trustee, 
 attorney, executor or administrator receiving or retaining such 
 portion of such fee or commissions, and not accounting for it 
 to the proper parties, shall be liable in a suit on his bond for 
 double the amount so received or retained by him, to the cestui 
 que trust, the principal, or to any person interested in the estate 
 which he represents. 
 
 P. L. L., (1860) Art. 4, sec. 125. P. L. L., (1888) Art. 4, sec. 114. 
 
 272. If any person shall, within seven days after any such 
 oiVence shall be committed, prosecute for the penalties imposed 
 by this sub-division of this Article, the State Treasurer, upon 
 information thereof having come to his knowledge, shall direct 
 the State's Attorney for the City of Baltimore to prosecute for 
 the same; and the penalties when recovered shall be paid into 
 
 •the treasury for the use of the State.
 
 204 
 
 p. L. L., (ISCO) Art. 4, sec. 12G. P. L. L., (1888) Art. 4, sec. 115. 
 
 273. If any person shall wilfully swear falsely touching 
 any matter hereinbefore required in this sub-division of this 
 Article to be verified by oath, he shall suffer the pains and 
 penalties which by law are prescribed for wilful and corrupt 
 perjury; and if an auctioneer, shall also forfeit his office. 
 
 P. L. L., (1860) Art. 4, sec. 127. 1872, ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 116. 
 
 274. The proceeds of such auction duties to the amount of 
 twenty thousand dollars shall be paid over by the Comptroller 
 of the city, as the same shall be received by him, to the Mayor 
 and City Council of Baltimore, to be by said Mayor and City 
 Council of Baltimore annually appropriated to the purpose of 
 deepening and improving a channel in the Chesapeake Bay 
 and Patapsco River and the harbor of the City of Baltimore. 
 
 P. L. L., (1860) Art. 4, sec. 128. 1872, ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 117. 
 
 275. It shall be the duty of the Mayor and City Council 
 of Baltimore, on or before the fifteenth day of September in 
 each year, to report to the Comptroller of the State a fair and 
 strict account of their disbursement of the fund arising from 
 said auction duties, as to the amount the same are appropriated 
 in the preceding section, in relation to the deepening and im- 
 proving said channel, Patapsco River and Baltimore City har- 
 bor; and the said Comptroller shall report the same to the 
 General Assembly. 
 
 P. L. L., (1860) Art. 4, sec. 129. 1872, ch. 249. P. L. L., (1888) 
 
 Art. 4, sec. 118. 
 
 276. If the net proceeds of said auction duties shall exceed 
 the sum of twenty thousand dollars, the excess of said duties 
 above that sum shall, for each and every year that they shall 
 exceed that sum, be paid over by the Comptroller of the City 
 of Baltimore to the Treasurer of the State ; and in case of such 
 excess as aforesaid, the Comptroller of the city shall also 
 render to the Comptroller of the State a brief statement or 
 account, showing the amounts received by him on account of 
 auction duties, the amount paid the Mayor and City Council of 
 Baltimore, under Section 274, and the balance due the State 
 and payable to the State Treasurer — which said 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.
 
 205 
 
 p. L. L., (1860) Art. 4, sec. 130. P. L. L., (ISSS) Art. 4, see. 119. 
 
 227. The provisions of the three preceding sections shall 
 not have any effect if the City of Baltimore, by ordinance or 
 otherwise, shall make any charge on articles passing over or 
 deposited on the wharves of said city for a less time than one 
 day, for the purpose of delivery only, from or on board of any 
 vessel trading within the limits of this State, other than the 
 regular wharfage chargeable on such vessel. 
 
 P. L. L., (1860) Art. 4, sec. 131. P. L. L., (1888) Art. 4, sec. 120. 
 
 278. J^othing contained in this sub-division of this Article 
 shall prohibit the sale of leather, iron or tobacco, by the person 
 who manufactured the same, without the license herein re- 
 quired. 
 
 BAIL. 
 
 1898, ch. 138, sec. 207A. 
 
 278a. The Clerk of the Criminal Court of Baltimore shall 
 
 have power at any time to take bail when authorized by the 
 
 court, whether the court is in session or not, and although the 
 
 defendant is not present or does not join in the recognizance, 
 
 but in all cases, before bail is taken by the Clerk, the court shall 
 
 fix the amount thereof. 
 
 lu relatkiu to bail, see, Smith v. Fowler & Thomas, Daily Record, 
 March 11, 1903. 
 
 1898, ch. 138, sec. 207B. 
 
 278b. Whenever any person charged with a criminal offence 
 desires to be admitted to bail, his recognizor, except as provided 
 for in the next succeeding section, shall sign and make oath to 
 an application in which shall be stated the location of his prop- 
 erty, his interest therein, its value, ground rent, mortgages, 
 and other recognizances and incumbrances, if any, to which 
 it may be subject, and such other matters as may be inquired 
 of, and required to be inserted in the application by the clerk 
 to whom such application is made, to enable such clerk to 
 determine the value of the security offered. 
 
 1898, ch. 138, sec. 207C. 
 
 278c. The Clerk of the Criminal Court of Baltimore may, 
 when so ordered by the court, admit any person to bail on his 
 own recognizance, or may accept a recognizor without stated 
 property qualifications.
 
 206 
 
 1898, ch. 138, sec. 207D. 
 
 278d. It shall be sufficient for recognizances taken in the 
 
 Criminal Court of Baltimore, when signed by the judge or the 
 
 clerk thereof, to conform to the following formula : "You and 
 
 each of you acknowledge yourselves to owe and stand indebted 
 
 to the State of Maryland in the sum of dollars for 
 
 the appearance of at this court on the . .^ day of 
 
 18. . ., to answer the charge alleged against him, and 
 
 to attend this court thenceforth from day to day until dis- 
 charged therefrom in due course of law." 
 
 1898, ch. 138, sec. 207E. 
 278e. Every recognizance taken in any criminal proceeding 
 in Baltimore City shall be a iien upon the property of the 
 recognizor mentioned in his application from the date of the 
 acknowledgment of such recognizance, unless such recognizance 
 shall have been acknowledged before a police justice or before 
 a court upon writ of habeas corpus^ in which it shall be a lien 
 from the time it is filed with the clerk of the Criminal Court 
 of Baltimore. When any recognizance is forfeited it shall 
 become a judgment, and shall have all the effects of judgments 
 rendered in civil causes, and may be enforced by execution by 
 order of the State's Attorney at any time within six years 
 from the date of the forfeiture, and not afterwards. 
 
 1898, ch. 138, sec. 207F. 
 
 278f . It shall be the duty of the clerk of the Criminal Court 
 of Baltimore immediately to record, in a properly indexed 
 book to be provided for that purpose, the names of the persons 
 who have entered into recognizances, the date of the filing 
 of the recognizance with the clerk of the Criminal Court, if such 
 recognizance has been acknowledged before a police justice, or 
 before some other court upon writ of habeas corpus, the amount 
 thereof, and the date of the acknowledgment of the same ; the 
 location of the property mentioned in the application, and when 
 any recognizance shall be forfeited; and when any forfeiture 
 shall be stricken out or discharged, it shall be the duty of the 
 said clerk to make an appropriate entry in said book, showing 
 such disposition of the recognizance or the forfeiture, together 
 with the date thereof. 
 
 1898, ch. 138, sec. 207G. 
 
 278g. Any officer having power to admit to bail may accept 
 as recognizor any bonding, guarantee or trust company incor-
 
 207 
 
 porated under the laws of the State of Maryland, or under the 
 laws of any State in the United States, and doing business 
 in the Citv of Baltimore, which is authorized bv its charter to 
 become surety on official bonds. 
 
 1898, ch. 138, see. 207H. 
 
 278h. ^0 police justice of the City of Baltimore shall ac- 
 cept bail for persons charged wnth manslaughter, murder or any 
 offense the punishment for which may be death; any such 
 justice may, in his discretion, accept the bail for any person 
 charged with the commission of any felony other than those 
 above mentioned, and any misdemeanor the punishment for 
 which may be confinement in the penitentiary; and whenever 
 bail is offered for any person charged with the commission of 
 any misdemeanor other than those already set forth, such jus- 
 tice shall accept the same; provided he is satisfied with the 
 security offered. 
 
 1898, ch. 138, sec. 2071. 
 278i. Whenever a person charged with a bailable, criminal 
 offense before a police justice desires to be admitted to bail, his 
 recognizor shall sign and make oath to an application in which 
 shall be stated such matters as may be required of, and required 
 to be inserted in such application by the police justice to enable 
 him to determine the value of the security offered. Any 
 recognizance acknowledged before such justice shall be good, 
 although the defendant does not join in the same. 
 
 1898, ch. 138, sec. 207J. 
 
 278 j. Whenever any person charged wdth the commission of 
 a criminal offense is admitted to bail by a police justice for 
 appearance in the Criminal Court of Baltimore, such justice 
 shall forthwith deliver the recognizance to the clerk of said 
 court, such recognizance shall then become a record of said 
 court, and may be forfeited, and the forfeiture may be enforced 
 in the same manner as if the recognizance has been taken by the 
 court. 
 
 1898, ch. 138, sec. 207K. 
 
 278k. Whenever any person charged with a criminal offense 
 before a police justice is admitted to bail for further hearing, 
 if such person does not appear at such hearing according to 
 the tenor of his recognizance, it may be forfeited. If forfeited, 
 the justice shall note the forfeiture on the recognizance, and
 
 208 
 
 deliver it to the clerk of the Criminal Court of Baltimore, the 
 said forfeited recognizance shall then become a record of said 
 court, and shall have the same effect and may be enforced in 
 the same manner as if it had been taken and forfeited by the 
 court. 
 
 BILLS OF EXCHANGE AND PKOMISSORY NOTES. 
 
 When protest by notary, unnecessary to hold endorser, see, Kirk v. 
 Belts, Daily Record, March 26, 1891. 
 
 279. Repugnant to provisions of Act 1898, Chapter 198. 
 See proviso, section 3, Act 1898, Chapter 123, post. 
 
 1892, ch. 462. 1898. eh. 198, (sec. 120A). 
 279a. Any bill of exchange, bank check, draft or promis- 
 sory note presentable for payment or acceptance in the City 
 of Baltimore on the first day of the week commonly called 
 Sunday, shall be deemed to be presentable for payment or 
 acceptance on the next succeeding secular or business day. 
 
 1892, ch. 462. 1898, ch. 198, (sec. 120B). 
 
 279b. It shall be lawful for banks and bankers in the City 
 of Baltimore to close their doors for business at twelve o'clock 
 noon on each and every Saturday in the year, and every Saturday 
 in the year after twelve o'clock noon, shall for all purposes 
 whatever, so far as regards the presenting for payment or ac- 
 ceptance and the protesting and giving notice of the dishonor 
 of bills of exchange, bank checks, drafts, promissory notes and 
 other negotiable paper, be a legal half-holiday, and shall be 
 treated and considered as the first day of the week, commonly 
 called Sunday, and all such bills, checks, drafts and notes, 
 which, on their face, or under any existing law or by the provi- 
 sion of this Act shall be payable or presentable for acceptance 
 or payment on any half -holiday Saturday shall be deemed to 
 be payable or presentable for acceptance or payment, and notice 
 of protest and dishonor thereof may be given on the next suc- 
 ceeding secular or business day; provided, that checks and 
 paper payable at sight, or on demand, presentable for payment 
 on half-holiday Saturday may, at the option of the holder there- 
 of, be payable and presentable for acceptance or payment on 
 such half -holiday Saturday before twelve o'clock noon ; provided 
 further, that for the purpose of protesting or otherwise hold- 
 ing liable any party to any such check or paper payable at sight, 
 or on demand, presentable for payment on any half-holiday
 
 209 
 
 Saturday, and which shall have been presented and dishonored 
 on such half-holiday Saturday, notice of protest and dishonor 
 thereof may be given on the next succeeding secular or business 
 day; and provided further, that whenever any person shall 
 receive for collection in said City of Baltimore, any bill of ex- 
 change, bank check, draft or promissory note due and pre- 
 sentable for acceptance or payment on any half-holiday Satur- 
 day, such person shall not be deemed guilty of any neglect or 
 omission of duty, or incur any liability in not presenting for 
 payment or acceptance, or collecting such bill of exchange, bank 
 check, draft or promissory note on that day; and provided 
 further, that in construing this section, every half-holiday Satur- 
 day shall, until twelve o'clock noon, be deemed as a secular or 
 business day. 
 
 1892, ch. 462. 1898, ch. 198, (sec. 120C). 
 
 279c. Whenever any bill of exchange, bank check, draft ,or 
 promissory note shall be presentable for payment in the City 
 of Baltimore on the secular or business day next succeeding the 
 day on which it would otherwise have been presentable for 
 payment, interest on the same shall be computed down to and 
 including such secular or business day. 
 
 BUILDIKGS. 
 
 1880, ch. 133. P. L. L., (1888) Art. 4, sees. 125-128, 131A, 131B. 
 
 1896, ch. 363. 
 
 280. It shall not be lawful for the owners or lessees of any 
 public hall, church, school or place of amusement, in the Cities 
 of Baltimore, Annapolis, Cumberland, Frederick, Hagerstown 
 or Frostburg, to obstruct, or allow to be obstructed by others, 
 any of the aisles or passage-ways in the auditorium of said halls, 
 churches, schools or places of amusement, by placing therein 
 any benches, chairs or stools, or other articles that may prevent 
 free ingress or egress during the hours that said places may be 
 open to the public. Said owners or lessees, or their agents, are 
 required to keep open at all hours during the time said halls, 
 churches, schools or places of amusement are opeti to the pub- 
 lic, all doors giving ingress or egress, unless said doors open 
 outward from said places ; then the same may be closed, but 
 no hindrances, such as locks or catches of any kind, sluill be 
 allowed to obstruct or prevent instant and easy egress through 
 the same; and when said doors open inwards, it is required of 
 said owners, lessees or their agents, that said doors shall be 
 fastened securely and firmly open. Owners or lessees, or any
 
 210 
 
 person holding nnder them, or their agents, violating any of the 
 provisions aforesaid, shall, on conviction thereof, be fined by the 
 court before which such conviction is had for any violation, a 
 sum not exceeding five hundred dollars, to be recovered as other 
 fines in this State, one-half of which shall go to the State and 
 the other half to the cities where such violations occur and con- 
 victions thereof are had. It is made the special duty of the 
 Judge or Judges of the courts having criminal jurisdiction in 
 said Cities of Baltimore, Annapolis, Cumberland, Frederick, 
 Hagerstown and Frostburg, to especially charge the Grand 
 Juries of said courts upon the execution of the foregoing pro- 
 visions; and the police authorities of said cities are especially 
 charged with the execution thereof, and to that end shall direct 
 nightly examinations by some of their officers, of all such places. 
 It shall not be lawful for any person, agent, owner or proprie- 
 tor of any sweat-shop or factory where four or more persons 
 are employed, to use any coal oil, gasoline, or any other explo- 
 sive or inflammable compound for the purpose of lighting or 
 heating in any form ; and any person, agent, owner or proprie- 
 tor violating this provision shall be guilty of a misdemeanor, 
 and on conviction thereof, be fined by the court before which 
 such conviction is had, for every violation, the sum of one hun- 
 dred dollars and costs, and stand committed until such fine and 
 costs be paid. The owner or owners of any such house or build- 
 ing used as a sweat-shop or factory where four or more persons 
 are employed as garment workers, on other than the first floor 
 of such house or building, shall provide fire-escapes for the 
 same; and if any owner or owners of any house or building 
 so used, fail to make or provide a fire-escape, such owner or 
 owners shall pay a fine of two hundred dollars, to be recovered 
 as other fines in this State, or imprisonment in the City Jail 
 for sixty days, or both fine and imprisonment, in the discretion 
 of the court. 
 
 In relation to the provisions in section 280 regulating sweat shops, it 
 may be of interest to note that the Act of 1902, ch. 101, known as the 
 "Sweat Shop Law" was held invalid, in that it was not a just and reason- 
 able police regulation, and that it interfered with the right of the citizen 
 to enjoy the free and profitable use of his property and also with his 
 right of personal liberty, without due process of law. 
 
 State V. Legum, Daily Record, November 18, 1902. 
 
 1900, ch. 274. 
 
 280a. Before the Appeal Tax Court of Baltimore City 
 grants any permit for the erection of new buildings it shall 
 be shown to the said Court to its satisfaction that all taxes
 
 211 
 
 due aud unpaid are fully paid upon the land on which said 
 new buildings are proposed to be erected, and no permit, as 
 aforesaid, shall be issued until the court is so satisfied, and an 
 appeal is allowed from this as in other cases before said court, 
 as is allowed by law. 
 
 CARRIAGES, HORSES AND AUTOMOBILES. 
 HACKI^EY CARRIAGES. 
 
 p. L. I>., (1S60) Art. 4, sec. 140. 1865, ch. 90. P. L. L., (1888) Art. 4, 
 sec. 135. 1892, cli. 631. 1910, ch. 109. 
 
 281. The Board of Police Commissioners of the City of 
 Baltimore shall determine and fix rates of fare and amounts to 
 be charged by the owners, drivers, chauffeurs or persons hav- 
 ing in charge of hackney carriages in the said city, and every 
 owner, driver, chauffeur of or person having charge of any 
 hackney carriage for which a license has been obtained as re- 
 quired by law shall be authorized and entitled to ask, charge 
 and receive as a compensation from every person using the 
 same the rates of fare and compensation prescribed and estab- 
 lished by the said Board of Police Commissioners, and no 
 more. Every vehicle, whether dra^vn by horses or other animal 
 power, or propelled by mechanical motor, except a street car, 
 used or to be used for the conveyance of persons for hire from 
 place to place within the City of Baltimore, shall be deemed to 
 be a hackney carriage within the meaning of this sub-division 
 of this Article. 
 
 P. L. L., (1860) Art. 4, sees. 143, 144. 1865, ch. 90. P. L. L., (1888) 
 Art. 4, sees. 136, 137. 1910, ch. 109. 
 
 282. Every hackney carriage, drawn by horse or other ani- 
 mal power, licensed as required by law, shall be provided with 
 a lamp on each side, and said lamps shall be kept lighted when 
 such vehicle is in use in the night time, and the number of the 
 owner's license of not less than two inches in length shall be 
 placed on each side of such carriage both within and without, 
 in such a position as to be distinctly seen and read, and the 
 owner, driver or person having charge of a hackney carriage, 
 whether drawn by horse or other animal power or propelled by 
 mechanical motor, shall keep in a conspicuous place in the in- 
 terior of such carriage at all times the rates of fare and the 
 charges prescribed and furnished by the said Board of Police 
 Commissioners. Any owner, driver, chauffeur or person having 
 in charge any hackney carriage as aforesaid, who shall omit.
 
 212 
 
 neglect or refuse to comply with the directions herein con- 
 tained shall, upon conviction, be punished by a fine of ten 
 dollars. 
 
 F. L. L., (ISGO) Art. 4, sec. 145. P. L. L., (1888) Art. 4, sec. 138. 
 
 1910, ch. 109. 
 
 283. Every driver, chauffeur of or person having in charge 
 any hackney carriage, licensed as required by law, whether 
 drawn by horse or other animal power or propelled by mechani- 
 cal motor, who shall refuse or omit when required to inform 
 any person using such carriage or applying for the use of it, 
 the true number thereof or the correct amount of the rate of 
 fare or charge authorized to be asked for the use of it, or shall 
 wilfully mislead, misconvey or insult by abusive or indecent 
 and opprobrious language any passenger whom he shall have 
 in his care for conveyance in the carriage of which he is 
 driver, chauffeur or person having charge thereof, shall, upon 
 conviction, be punished by a fine not exceeding twenty dollars. 
 
 1892, cli. 631. p. L. L., (1888) Art. 4, sec. 138A. 1910, ch. 109. 
 
 284. Any driver, chauffeur of or person having in charge 
 any hackney carriage who shall ask, charge, demand or receive 
 more than the rates of fare or charges as established by the 
 Board of Police Commissioners in the City of Baltimore from 
 time to time from any passenger or passengers shall, upon con- 
 viction, be punished by a fine not exceeding fifty dollars, or 
 imprisonment in jail for a period not exceeding six months 
 nor less than thirty days, or both such fine and imprisonment ; 
 and any passenger or passengers who shall refuse to pay or at- 
 tempt to avoid payment of the rates of fare or charges so as 
 aforesaid established by the Board of Police Commissioners 
 shall be guilty of a misdemeanor, and shall, upon conviction, 
 forfeit and pay a fine of not exceeding fifty dollars. 
 
 1865, ch. 90. P. L. L., (1888) Art. 4, sec. 139. 1910, ch. 109. 
 
 285. 'No driver, chauffeur of or person having charge of any 
 hackney carriage, except omnibus, park phaeton or sightseeing 
 vehicle, shall take up or carry any j)assengers after the car- 
 riage has been occupied, engaged or hired by any prior pas-, 
 senger until such prior passenger shall have discharged said 
 carriage, without tlie consent of such prior passenger, and such 
 prior passenger shall not be obliged or asked to pay any extra 
 fare or fee for refusing such consent, and every person having 
 charge of a hackney carriage shall, immediately after deliver-
 
 213 
 
 ing any passenger, search said carriage for any property which 
 may have- been left therein, and any property found therein by 
 any person having charge of any hackney carriage, and not 
 restored to the owner thereof within twenty-four hours, shall 
 be delivered by the finder thereof to the Board of Police Com- 
 missioners, to be by them held and disposed of as required by 
 law in the case of lost and stolen property. Any person 
 violating the provision of this section shall be guilty of a mis- 
 demeanor, and shall, upon conviction, be punished by a fine not 
 exceeding ten dollars. 
 
 1865, ch. 90. p. L. L., (1888) Art. 4, sec. 140. 1910. ch. 109. 
 
 286. The said Board of Police Commissioners are authorized 
 and empowered to set aside and designate certain places in 
 the City of Baltimore to be occupied and used as public or 
 private stands for hackney carriages, and to stipulate the num- 
 ber of such carriages which may occupy or use each of such 
 stands, and to make regulations for the occupation and use of 
 such stands. Any person violating any of the provisions of this 
 section or any regulation made by the said Board of Police 
 Commissioners under the authority in this section conferred 
 shall be giiilty of a misdemeanor, and shall, upon conviction, 
 forfeit and pay a fine of not exceeding twenty dollars. 
 
 1865, ch. 90. P. L. L., (1888) Art. 4, sec. 141. 
 
 287. Each and every proprietor of hackney carriages shall, 
 at the time when he applies for a special license, or any re- 
 newal thereof, furnish the Comptroller or other proper officer 
 of the City of Baltimore with a correct statement of the number 
 of hackney carriages used by him; and such owner, whenever 
 he shall increase the number of such hackney carriages, shall 
 report such increase to the Comptroller or other proper officer 
 of said city; and every person violating any of tlie provisions 
 of this section shall forfeit his license, and be liable to a penalty 
 of ten dollars. 
 
 288 and 289. Kepealed by Act of 1910, Chapter 100. 
 
 P. L. L., (1800) Art. 4, sec. 148. P. L. L., (1888) Art. 4, sec. 144. 
 
 290. All penalties which shall be recovered for the breach 
 of any of the provisions of this sub-division of this Article, 
 shall be appropriated one-half to the use of the dispensaries 
 in the City of Baltimore, to be equally divided between them, 
 and the other half to the use of the informer, whose name shall 
 be endorsed on the warrant issued for the recovery of each 
 respective penalty. 
 
 ;
 
 214 
 HORSES, ETC. LIVERY STABLE CHARGES. 
 
 1865, ch. 163. P. L. L., (1888) Art. 4, sec. 145. 
 
 291. It shall be lawful for any livery stable keeper to 
 retain in his custody any horse, mare or gelding placed under 
 his care for livery, and also any vehicle, until all charges for 
 so keeping shall be paid by the owner thereof. 
 
 1865, ch. 163. P. L. L., (1888) Art. 4, sec. 146. 
 
 292. It shall and may be lawful for such livery stable 
 keeper to sell any such horse, mare or gelding, or vehicle, at 
 public auction in the City of Baltimore, after giving at least 
 twenty days' notice in two of the daily newspapers, published in 
 the City of Baltimore, of the time, place and manner of sale ; 
 and after deducting the amount due for keeping, together with 
 all expenses of said sale, to return the surplus, if any, to the 
 owner of such horse, mare or gelding, or vehicle. 
 
 1865, ch. 163. P. L. L., (1888) Art. 4, sec. 147. 
 
 293. Before proceeding as above, it shall be necessary for 
 such livery stable keeper to state an account for keeping of 
 such horse, mare or gelding, or vehicle, and prove the same 
 before a Justice of the Peace for the City of Baltimore, who, 
 upon being satisfied by proof of demand and refusal or neglect 
 to pay on the part of the owner, shall thereupon issue his war- 
 rant authorizing such sale as aforesaid ; provided, that the pro- 
 prietors of such livery stables shall set up on their premises, in 
 some conspicuous place, a copy of the aforegoing two sections, 
 printed in large type, and their rates of livery. 
 
 CORONERS, INQUESTS AND DEAD BODIES. 
 
 1878, ch. 347. 1S90, ch. 207. P. L. L., (1888) Art. 4, sec. 149. 1892, 
 
 ch. 15. 1894, ch. 84. 
 
 294. The Governor, by and with the advice and consent 
 of the Senate, shall appoint and commission seven competent 
 physicians to act as coroners for the City of Baltimore, to 
 hold office during the period of two years, at an annual salary 
 of one thousand dollars each, payable quarterly by the City 
 Register; and said coroners shall be assigned to duty by the 
 Governor, and to each of the police districts of the City of Bal- 
 timore; and it is further provided, that whenever the police 
 districts of the City of Baltimore shall be increased in number 
 by the order of the Board of Police Commissioners of Balti- 
 more City, the Governor shall appoint an additional coroner for
 
 216 
 
 each of the police districts so created; provided, that before 
 entering upon the duties of their oifice, the persons appointed 
 shall take the oath of office prescribed by the Constitution of 
 the State of Maryland, for office-holders ; and further, they shall 
 give bond to the said State of Maryland, with security to be 
 approved by the Judge of the Superior Court of Baltimore 
 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. 
 Young V. College, etc., 81 Md. 358. 
 
 1872, ch. 45. P. L L., (1888) Art. 4, sec. 150. 1898, ch. 123. 
 
 1902, ch. 317. 
 
 295. In addition to the coroners provided for in the pre- 
 ceding section the Governor shall appoint one more coroner 
 for the ''City of Baltimore," to be known as the "Coroner at 
 Large" for said city, whose duty it shall be to act in the place 
 of j.ny of the coroners who shall have been assigned to the 
 valgus police districts of said city who may have been pre- 
 vented by illness or enforced absence from attending to his 
 duties ; the said coroner at large shall receive the same com- 
 pensation as is prescribed in the preceding section for other 
 coroners for said city. The coroners provided for in the pre- 
 ceding section shall be assigned to such sub-division or district 
 of the City of Baltimore as the Governor may direct. 
 
 P. L. L., (1860) Art. 4, sec. 153, 154. 1872, ch. 45. P. L. L., (1888) 
 
 Art. 4, sec. 151. 
 
 296. The Coroner shall hold an inquest over every person 
 found dead in his district in said city when the manner and 
 cause of death shall not be already knowTi as accidental, or in 
 the course of nature. No Coroner's jury in said city shall 
 receive any fee or compensation for services as such ; and said 
 Coroners are authorized and empowered to issue their certifi- 
 cates to the City Register for the payment of such expenses 
 as may be necessary for the interment of any person over whom 
 they, or either of them, has held an inquest, and whose body is 
 not claimed by friends or relatives ; provided, the amount of 
 such expenses shall not in any case exceed the sum of seven 
 dollars. 
 
 P.laney v. State, 74 Md. 1.53. Young v. College of Physicians, etc., 81 
 Md. ;i58. 
 
 1872, ch. 4.5. P. L. L., (1888) Art. 4, sec. 152. 
 
 297. Each of said Coroners shall make a monthly report to
 
 216 
 
 the Police Commissioners of Baltimore City, of the mimbcr 
 of inquests held by him during the month last past before 
 said report, with a full description, as far as may be, of the 
 persons who were the subjects of such inquests, their sex, age, 
 color and nationality, the cause and mode of their death, and 
 such other particulars as may be necessary for their identifica- 
 tion, in case of strangers and unlcnown persons ; and each of 
 said Coroners shall also, immediately after holding an inquest, 
 deposit in some bank of Baltimore City, subject to the order 
 of the Judges of the Orphans' Court of said city, all property, 
 money and other effects found upon the person of those over 
 whom he shall hold inquest, as hereinbefore provided. 
 
 1882, ch. 163. 1890, cli. 166. P. L. L., (1888) Art. 4, sec. 153. 
 
 298. Any public officer of Baltimore City or Baltimore 
 County having charge of or control over the bodies of deceased 
 persons required to be buried at the public expense or at the 
 expense of any institution supported by said City or County, 
 shall notify the chairman of the Anatomy Board, said board 
 being composed of a demonstrator of anatomy from each medi- 
 cal school in the State, of the existence and possession of such 
 bodies, and shall give permission to said Anatomy Board, 
 through its chairman, or to any physician or surgeon of the 
 State of Maryland upon his request made therefor, to take 
 such bodies within forty-eight hours after death, to be by him 
 used within the State for the advancement of medical science, 
 preference being given to medical schools, public and private ; 
 and said bodies shall be distributed to and among the same 
 equitably, the number assigned to each being proportioned to 
 that of its students; provided, however, that if any person 
 claiming to be and satisfying the proper authorities that he is, 
 of kindred to the deceased, or that he was a friend to de- 
 ceased during his life, shall ask to have the body for burial, 
 it shall be surrendered for interment ; or if such deceased per- 
 son was a stranger or traveler who died suddenly, the body 
 shall be buried and not handed over as aforesaid. Any public 
 officer of Baltimore City or County having charge of or control 
 over the bodies of the deceased persons required to be buried 
 at the public expense or at the expense of any institution sup- 
 ported by said city or county, who shall neglect or refuse 
 to comply with the requirements of this section, shall be guilty 
 of a misdemeanor, and shall upon conviction be fined not less 
 than fifty nor more than one hundred dollars for each and 
 every offence.
 
 217 
 
 1882, ch. 113. P. L. L., (1888) Art. 4, sec. 154. 
 
 299. Every physician or surgeon, before receiving any such 
 dead body shall give to the proper authorities a sufficient bond 
 that such body shall be used only for the promotion of medi- 
 cal science within the State; and whosoever shall use such 
 body for any other purpose, or shall remove the same beyond 
 the limits of this State, and whosoever shall sell or buy such 
 body, or in any way traffic in the same, shall be deemed guilty 
 of a misdemeanor, and shall, on conviction, be imprisoned for a 
 term not exceeding five years at hard labor in the City Jail. 
 
 COURTS. 
 
 Superior Court, Court of Common Pleas and Baltimore 
 
 City Court. 
 ^ 1870, ch. 177. p. L. L., (1888) Art. 4. sec. 155. 
 
 300. The Judge before whom any case may be tried in 
 either the Baltimore City Court, the Superior Court of Balti- 
 more City, or in the Court of Common Pleas, shall have ex- 
 clusive jurisdiction to hear and determine, and the said judge 
 shall hear and determine, all motions for a new trial where 
 such motions arise, either on questions of fact or for misdirec- 
 tion upon any matters of law, and all motions in arrest of 
 judgment, or upon any matters of law, determined by the said 
 judge; and all such motions shall be heard and determined 
 within thirty days after they are made. 
 
 1870, ch. 177. p. L. L., (1888) Art. 4, sec. 156. 
 
 301. In no case shall either the plaintiff or defendant be 
 required to file a "paper book" of evidence or brief, in either 
 of the courts of the City of Baltimore. 
 
 1876, ch. 96. P. L. L., (1888) Art. 4, sec. 157. 
 
 302. The stated terms of the Superior Court of Baltimore 
 City, the Court of Common Pleas and the Baltimore City 
 Court, shall commence on the second Monday in January, the 
 second ]\[onday in May, and the second Monday in September, 
 in each year. 
 
 Preston v. McCann, 77 Md. 30. 
 
 Powers of f^upcrior Court. Tho Superior Coiu't has no power, under 
 section 107 of Art. 2.'i, Code I'ublic General Laws, to confirm or set aside 
 an inquisition of a Sheriff's Jury. W. M. Tidewater R. R. Co. v. Leon- 
 ard, Daily Record, .Tune 15, 1903.
 
 218 
 
 1864, ch. 6, sec. 1. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 158. 
 
 303. In addition to the first day of each term of the 
 Superior Court of Baltimore City, the Court of Common Pleas 
 of the City of Baltimore, and the Baltimore City Court, the 
 second Monday in February, March, April, June, July, August, 
 October, November and December, in each year, shall be re- 
 turn days, and the words "return day," wherever used in this 
 sub-division of this Article shall apply as well to the first day 
 of each term as to the other return davs herein enumerated. 
 
 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 159. 
 
 304. All original writs, writs of execution, attachment, re- 
 plevin, ejectment, scire facias and habere facias, as well as all 
 other writs and process issued from or returnable to any of 
 said courts, which under the practice heretofore existing would 
 have been returnable to the first day of the term, or to a re- 
 turn day, shall hereafter be made returnable to the first 
 return day after the issue of the same, or may be made return- 
 able to the second return day thereafter, if the party by whose 
 direction the same was issued, or his attorney, shall so request 
 in writing. 
 
 1864, ch. 6, sec. 3. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 160. 
 
 1894, ch. 180. 
 
 305. On the return of an original writ, not executed in 
 either of said courts, the same may be renewed, returnable to 
 the next return day thereafter, and after two returns of any 
 original writ not executed at the two succeeding return days 
 after the writ is first issued, the same shall be permitted to lie 
 dormant, renewable only on the written order of the plaintiff 
 or his attorney of record to such future return day as the said 
 plaintiff or his attorney may elect, and upon a further return 
 if not executed, said writ shall be again permitted to lie, re- 
 newable only as aforesaid, the said plaintiff or his attorney 
 having the right to renew said writ to as many subsequent 
 return days, under the same mode of procedure as may be 
 deemed proper, until the same is executed. 
 
 1864, ch. 6, sec. 4. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 161. 
 
 306. After the execution of any writ or other process made 
 returnable to a return day in either of said courts, the same 
 proceedings may be had thereupon as if the same had been 
 made returnable, and had been returned to a term of said 
 court under the practice heretofore existing, except as herein- 
 after otherwise provided.
 
 219 
 
 Exemption from service of process in civil actions: A non-resident 
 here for the sole purpose of attending upon the trial of a case to which 
 he is a party, is exempted from the service of process in a civil action. 
 But such privilege may be waived or lost by laches, and must be availed 
 of at proper time by plea or motion. 
 
 Foss V. Carnell, Daily Record, January 23, 1894. 
 
 1864. ch. 6, sec. 5. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 162. 
 
 307. If a defendant be returned "summoned," and shall 
 fail to appear, the clerk of the court on the day following the 
 return day to which the writ or process served on him is re- 
 turnable, shall enter the appearance of any defendant so sum- 
 moned and failing to appear, and the action shall proceed in 
 the same manner as if the party had appeared in person. 
 
 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 163. 
 
 SOSlk When a declaration in any action shall be filed in 
 court, and a copy thereof delivered to the defendant before 
 the day of the return of the writ, and the defendant shall be 
 summoned before the said day of the return of the w^-it, he 
 shall plead before the next succeeding return day, or judgTiient 
 by default for want of a plea shall be entered by the court or 
 clerk thereof, upon motion in writing made by the plaintiff, or 
 his attorney, then, or at any time thereafter, before the filing 
 of a plea by the defendant, unless the court for good reasons 
 shall have granted said defendant further time to plead; and 
 upon such entry of judgment, the plaintiff may forthwith sue 
 out his writ of inquiry, or otherwise enter up final judgment 
 according to the course of the court. 
 
 Cooper V. Roche, 36 Md. 563. Cf., Condon v. Gore, 89 Md. 230. 
 
 The clerk has no authority to enter up a judgment for want of a plea 
 except on motion therefor by the plaintiff or his attorney. 
 Griffith V. Graham, Daily Record, July 15, 1891. 
 
 Practice — time, election jury trial — rule, Supreme Bench, effect of — 
 mode presenting rule, Court of Appeals. 
 
 Baltimore v. Thomas, 115 Md. 212. 
 
 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 164. 
 
 309. "When any action shall be brought upon a titling and 
 the defendant shall have been summoned, the plaintiff shall file 
 his declaration within fifteen days after the return day to 
 which said defendant had been summoned, or judgment of non 
 pros, may be entered by the court or the clerk thereof against 
 him for want of a declaration, upon motion in writing made by 
 the defendant at any time thereafter, unless the court for good 
 cause shown shall grant further time; but if the plaintiff shall
 
 220 
 
 have filed liis declaration in any such action, at any time he- 
 fore the entry of a judgment of non pros, against him, the 
 defendant shall be required to plead to such declaration within 
 the time and upon the terms prescribed by the rules of the 
 court, or judgment by default may be entered against him as 
 provided by said rules. 
 
 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 165. 
 
 310. Every suit in which any defendant shall be returned 
 summoned, shall stand for trial or judgment (as against such 
 defendant) at the return day next succeeding the day to which 
 he has been summoned; provided, the declaration shall have 
 been filed in court, and a copy thereof shall have been served on 
 the defendant, or his attorney, at least fifteen days before said 
 return day; and all such suits in which final judgment is not 
 entered on that day, shall then be put at the end of the trial 
 calendar of the court in which they are brought, in the order 
 in which they were instituted in said court, and shall- be finally 
 disposed of as far as possible when reached in their regular 
 course. 
 
 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 166. 
 
 311. In all cases in which a party by law would be entitled 
 to a continuance, the court may, instead of continuing the 
 cause to the next term, postpone the same for thirty days, or 
 such other period as will best subserve the interests of justice. 
 
 Smithson v. U. S. Telegraph Co., 29 Md. 165. 
 
 SPEEDY JUDGMENT ACT. 
 
 1858, ch. 323. 1864, ch. 6, sec. 7. 1886, ch. 184, sec. 170. P. L. L., 
 (1888) Art. 4, sec. 167. 1894, ch. 173. 
 
 312. In any suit, when the cause of action is a contract, 
 whether in writing or not, or whether expressed or implied, the 
 plaintift", if afiidavit or affirmation be made, as hereinafter stated, 
 shall be entitled to judgment to be entered by the Court or the 
 clerk thereof, on motion, in writing, at any time after fifteen 
 days from the return day to which the defendant shall have 
 been summoned, although the defendant may have pleaded, 
 unless such plea contains a good defence and unless the de- 
 fendant or some one in his behalf shall, under oath or affirma- 
 tion, state every plea so pleaded by the defendant is true; 
 and shall further state the amount of plaintift's demand, 
 if anything, admitted to be due or owing, and the amount dis- 
 puted, and further, that the affiant verily believes the defendant
 
 221 
 
 will be able at the trial of the cause to produce sufficient evi- 
 dence to support the plea as to the portion disputed, and that 
 he is advised by counsel to file the said plea; and such plea 
 shall be accompanied by a certificate of counsel that he so ad- 
 vised the party making such oath or affirmation, and if the co- 
 partnership or incorporation of any of the parties to the suit 
 shall be alleged in the declaration and the affidavit to be filed 
 therewith, as hereinafter provided ; or if there shall be filed 
 with the declaration in said cause, any paper purporting to 
 be signed by any defendant therein, the fact of such alleged 
 copartnership or incorporation, and the genuineness of such 
 signature shall be deemed to be admitted for the purposes of 
 said cause, unless the said affidavit shall further state that the 
 affiant knows, or has good reason to believe, such allegation of 
 copartnership or incorporation to be untrue, or that such sig- 
 nature was not written by or by the authority of the person 
 whose signature it purports to be. In case any part of the 
 debt or damages claimed to be admitted to be due, the plaintiif 
 shall be entitled forthwith to an entry of judgment there- 
 for, with costs in the discretion of the court, to the time of 
 entry of such judgment, and if the amount so admitted to be due 
 shall not be below the jurisdiction of the court, the plaintiff 
 may at once have execution therefor, and upon such entry of 
 judgTaent the plaintiff may join issue or reply to the pleas as 
 to the disputed portion, and the case shall be proceeded with 
 as to such disputed portion in the same manner as if the suit 
 had been originally instituted for the recovery of the same ; 
 and the court shall have jurisdiction as to such disputed portion 
 in all cases where the amount originally claimed shall be within 
 the jurisdiction of the court, but if either judgment in the case 
 be below the jurisdiction of the court, no execution shall issue 
 from that court on the same, and the provisions of section 17 
 of Article 26 of the Code of Public General Laws shall apply 
 thereto; yet if the sum of the two judgments shall eqiial such 
 jurisdiction they may then be included in an execution issued 
 from that court ; provided, that the court for good cause shown, 
 may, by its order in writing, passed at any time before judg- 
 ment, extend the time for filing such pleas and affidavits, which 
 extension shall suspend, until the expiration thereof, the plain- 
 tiff's right to enter judgment under this section. 
 
 Smithson v. U. S. Telg. Co., 29 Md. 162. Jones v. Freeman, 29 Md. 
 27.3^ State u.se of Bouldin v. Steibel, 31 Md. 34. Knickerbocker Ice 
 Co. V. Iloeske, .32 Md. 317. King v. Hicks, 32 Md. 400. Jones v. Burnett, 
 3.5 Md. 258. Keen v. Wliittin«fon, 40 Md. 489. Baltimore v. Ideson, 47 
 Md. 542. Traber v. Traber, 50 Md. 1. Thorne v. Fox, G7 Md. 67. Adler
 
 222 
 
 V. Crook. 68 Md. 404. Hntton v. Marx, 69 Md. 252. May v. Wolvington. 
 69 Md. 117. Thilluian v. Sliadrick. 69 Md. 528. Gemmill v. Davis, 71 
 Md. 458. Huntington v. Emery, 74 Md. 67. Baltimore Pub. Co. v. Hooper, 
 76 Md. 115. Sanborn v. Mullen, 77 Md. 480. Laubheimer v. Nail, 88 Md. 
 174. Griffith v. Adams, 95 Md. 175. Singer v. Fidelity & Dept. Co., 96 
 Md. 224. Farmers, etc. Bank v. Hunter, 97 Md. 148. Horner v. Plumley, 
 97 Md. 277. Codd Co. v. Parker, 97 Md. 323-325. Smith v. Hallwood 
 Cash Reg. Co., 97 Md. 354. Nicholson v. Snyder, 97 Md. 419. Deved v. 
 Carrington. 98 Md. 378. Abbott v. Bowers, 98 Md. 525. Steuart v. Chap- 
 pell. 98 Md. 530. Colbourn Bros. v. Boulton, 100 Md. 353. 354. Miller 
 V. Michaels, 101 Md. 188. Commonwealth Bank v. Kirkland, 102 Md. 662. 
 See note, page 219, Baltimore City Code (1879). 
 
 NOTES OF DECISIONS OF BALTIMORE CITY COURTS. 
 
 (1) The affidavit required of defendants, does not apply to those 
 cases in which the defendants are executors. 
 
 (2) The Baltimore City Court has jurisdiction over a suit to recover 
 the even sum of $100.00, when interest thereon is recoverable as of right. 
 Mutual Life Ins. Co. v. Hantske, Daily Record, December 15, 1900. 
 
 (3) Pi-actice Act of Baltimore City: A special count which states 
 no express contract to pay money, or any facts from which such a con- 
 tract can be implied, cannot be filed with the common counts under the 
 Practice Act of Baltimore City. Murray v. Revel, Daily Record, Jan- 
 uary 10, 1899. 
 
 (5) Declaration: A declaration filed under Act 1886, ch. 184, made 
 before a Justice of Peace in another state and not having attached to it 
 a certificate of the Judge of the Court according to the Act of Congress, 
 is defective and a judgment of nan pros, will be allowed on motion. 
 Downs V. Appold. Daily Record. October 19, 1892. 
 
 (6) The declaration and affidavit must agree, otherwise a motion to 
 strike out the judgment will prevail. Griffith v. Graham, Daily Record, 
 July 15, 1891. 
 
 Upon demand for Bill of Particulars, defendant entitled to have order 
 extending time to plead. 
 
 Newbold v. Green. 122 Md. 649. {See Act 1914, ch. 378). 
 
 Pleas were withdrawn and new pleas substituted by permission of 
 Court, to which plaintiff filed replication and proceeded to trial. Held, 
 that the replication and the proceeding with the trial amounted to a 
 waiver by the plaintiff of the right to raise on appeal the question of 
 the correctness of the ruling. The proper course would have been for 
 the plaintiff to decline to file the replication, and to suffer judgment 
 by default, from which judgment an appeal can be taken. 
 Shoop V. F. & D. Co., 124 Md. 130. 
 
 1864, ch. 6, sec. 8. 1886, ch. 184, sec. 171. P. L. L., (1888) Art. 4, 
 
 sec. 168. 
 
 313. The plaintiff shall not be entitled to judgment under 
 the preceding section, unless at the time of bringing his action 
 he shall file with his declaration an affidavit or affirmation, if 
 the affiant is conscientiously scrupulous as to taking an oath, stat- 
 ing the true amount the defendant is indebted to him, over and 
 above all discounts, and shall also file the bond, bill of exchange, 
 
 I
 
 223 
 
 promissory note or other writing or account by which the de- 
 fendant is so indebted; or if the action be founded upon a 
 verbal or implied contract, shall file a statement of the particu- 
 lars of the defendant's indebtedness thereunder. If there are 
 two or more plaintiffs, the said affidavit or affirmation, may 
 be made by any one of them, or if all the plaintiffs be absent 
 from the State at the time of the bringing of said suit, or if 
 the plaintiff be a corporation, the said affidavit or affirmation 
 may be made by an agent of plaintiff or plaintiffs, or any of 
 them, who will make further oath or affirmation that he has 
 personal knowledge of the matters therein stated ; and the said 
 affirmation or affidavit may be made before any of the persons 
 who may take an affidavit or affirmation to authorize the issuing 
 of a foreign attachment, and may be certified in the same man- 
 ner. 
 
 Mailhouse v. Inloes, IS Md. 332. Griffin v. Leslie, 20 Md. 15. Smith- 
 son V. Tlie United States Telegrapli Co., 29 Md. 165. Jones v. Freeman, 
 29 Md. 276. Greff v, Fickey, 30 Md. 79. State v. Steibel, 31 Md. 37. 
 Kniclcerbocker Life Ins. Co. of New York v. Hoeske, 32 Md. 318. McAl- 
 lister V. Eichengreen. 34 Md. 56. Norris v. Wrenschall, 34 Md. 499. 
 Canton Nat. Bldg. Ass'n v. Weber, 34 Md. 671. Jones v. Barnett, 35 
 Md. 260. Ingalls v. Crouch, 35 Md. 296. Keene v. Whittington & Co., 
 40 Md. 497. Loney v. Bailey, 43 Md. 10. McSherry v. Brooks, 46 Md. 
 122. Mayor v. Ideson, 47 Md. 542. De Atley v. Senior, 55 Md. 479. 
 Parkhurt v. Citizens Nat. Bank, 61 Md. 254. The Orient Mutual Insur- 
 ance Co. V. Andrews, 66 Md. 371. Thorne v. Fox, 67 Md. 67. Thillman 
 V. Shadrick, 69 Md. 528. Gemmill v. Davis, 71 Md. 458. Balto. Pub. Co. 
 v. Hooper, 76 Md. 165. Laubheimer v. Nail, 88 Md. 174. Singer v. 
 Fidelity & Deposit Co., 96 Md. 224. Smith v. Hallwood Cash Reg. Co., 
 97 Md. 354. Nicholson v. Snyder, 97 Md. 419. Deved v. Carrington, 98 
 Md. 378. Abbott v. Bowers, 98 Md. 525. Colbourn v. Boulton, 100 Md. 
 357. 
 
 In connection with the provisions of section 313, see further: Wilson 
 v. Wilson, 8 Gill 192. Cumberland Coal & Iron Co. v. Hoffman Steam 
 Coal Co., 22 Md. 499. Warwick v. Chase, 23 Md. 154. Evesson v. Selby, 
 32 Md. 345. The Universal Life Ins. Co. v. Bachiis, 51 Md. 31. Horner 
 V. Plumley, 97 Md. 271. 
 
 1864, ch. 6, sec. 9. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 169. 
 
 1894, ch. 184. 
 
 314. Wlien any judgment by default shall be entered under 
 any of the preceding sections, the court may assess the damages 
 on proof thereof without empanelling a jury to do so, unless 
 the defendant shall have filed a motion in writing before the 
 entry of such default for a jury trial, and shall have stated in 
 such motion how much of the plaintiff's demand is disputed, 
 and how much thereof, if any, is admitted by such defendant 
 to be due, and in such case the plaintiff may forthwith have
 
 224 
 
 judgment entered up for the amount so admitted, as provided 
 in the preceding section. 
 
 Mailhouse v. Inloes, IS Md. 332, 333. Knickerbocker Ice Co. v. Hoeske, 
 32 Md. 317. Norris v. Wrenschall, 34 Md. 492. Laubheimer v. Nail, 8S 
 Md. 174. Singer v. Fidelity & Deposit Co., 96 Md. 224. Colbourn v. 
 Boulton, 100 Md. 358. 
 
 Judgment by Default: Joint liability after judgment by default. In 
 assumpsit against two or more persons sued jointly, the defendants on 
 inquisition, after judgment by default, cannot deny their joint liability. 
 Santa Clara Mining Co. v. Williams, Daily Record, March 8, 1894. 
 
 1890, ch. 433. P. L. L., (1888) Art. 4, sec. 169 A. 
 
 315. If the defendant shall dispute the whole or any part 
 of the plaintiff's demand in any action brought under the pro- 
 visions of the three foregoing sections, and upon trial of the case 
 the plaintiff shall recover a judgment for any portion of his 
 demand so disputed, then the plaintiff shall be allowed in addi- 
 tion to the costs of the suit, reasonable counsel fees, to be fixed 
 by the court, said fees not to be less than twenty-five dollars nor 
 more than one hundred dollars. 
 
 As to provisions of Section 315 relating to counsel fees, see, Singer 
 V. Fidelity and Deposit Co., 96 Md. 224. 
 
 1908, ch. 644. 
 
 315A. In all cases brought under the provisions of section 
 312 of said Article 4 of the Code of Public Local Laws of Mary- 
 land, as repealed and re-enacted by Act of Assembly of 1898, 
 chapter 123, where the verdict of the jury or the court, sitting 
 as a jury shall be for the defendant, the defendant shall be 
 allowed, in addition to his costs of suit, reasonable counsel fees, 
 not to be less than twenty-five dollars, nor more than one hun- 
 dred dollars. 
 
 1914, ch. 107. 
 
 315 A. If judgment be entered against any defendant for 
 failure to appear and plead, or failure to file a sufficient plea, 
 afiidavit or certificate of counsel, under the four preceding sec- 
 tions, the court in which such judgment has been rendered may, 
 upon motion filed by the defendant within thirty days after 
 entry thereof, strike out the same and reinstate such case with 
 leave to such defendant to file pleas, affidavit and certificate of 
 counsel, or amend his pleas, affidavit and certificate of coun- 
 sel already filed, within not exceeding ten days thereafter, 
 whenever the court shall be of the opinion that the interests of 
 justice will be promoted by striking out such judgment and so 
 reinstating such case, although sufficient grounds for striking
 
 225 
 
 out such judgment for fraud, deceit, irregularity or such other 
 grounds as would have sufficed before the enactment of this sec- 
 tion may not be present; provided, however, that the court 
 granting such order may require as a condition thereto, that the 
 defendant give bond with approved security for the payment 
 of any judgment finally recovered against him in such case in 
 such penalty as may be prescribed by the court, and that the 
 defendant pay the costs so far incurred in said case, or any other 
 conditions which the court may deem proper; and if any de- 
 fendant who has been given leave to file pleas, affidavit or certifi- 
 cate, or to amend those already filed, under this section, shall 
 fail to file a sufficient plea, affidavit or certificate of counsel, or 
 to amend those already filed so as to be sufficient within the time 
 so limited, then the plaintiff shall be entitled to final entry of 
 judgment on motion therefor, in the same manner as for failure 
 to file a sufficient plea, affidavit or certificate within the time 
 originally limited under the preceding sections. 
 
 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 170. 
 
 316. Bills of exception may be signed in any cause pending 
 in any of said courts at any time within thirty days from the 
 rendition of the verdict of the jury or the findings of the court 
 upon the issues of fact in said cause, but not thereafter, unless 
 the time for signing said bill of exception shall have been pre- 
 viously extended by order of court or by consent of parties ; but 
 nothing herein shall prevent either party from requiring the 
 bills of exception to be signed before verdict. 
 
 Gottlieb V. Fred. W. Wolff Co., 75 Md. 126. Preston v. McCann, 77 
 Md. 30. Edelhoff v. Horuer-Miller Co., 86 Md. 595-605. Am. Tobacco 
 Co. V. Strickling, 88 Md. 500. 
 
 In relation to bills of exception generally, see: Briscoe v. Ward, 1 
 H. & J. 165. Dakin v. Pomeroy, 9 Gill 1. Marsh v. Hand, 35 Md. 123. 
 Balto. Bldg. Ass'n v. Grant, 41 Md. 560. Carey v. Merryman, 46 Md. 
 89. Donohue v. Sliadrick, 46 Md. 226. Horn v. Buck, 48 Md. 358. Rup- 
 pertsburger v. Clark, 53 Md. 402. Weiskittel v. State, 61 Md. 48. Thomas 
 V. Ford, 63 Md. 346. Mayor, &c., Westminster v. Shipley, 68 Md. 610. 
 Bowling V. Turner, 78 Md. 595. Central Ry. Co. v. Coleman, 80 Md. 335. 
 
 1886, eh. 184. P. L. L., (1888) Art. 4, sec. 171. 
 
 317. Any action taken or order passed by any of said courts 
 in relation to any judgment rendered by it, if taken or passed 
 within thirty days after the entry of such judgment, or upon a 
 motion or application made to it within said thirty days, shall 
 have the same effect and force as it would have had under the 
 practice heretofore existing in said court if taken or passed 
 during the term, or upon a motion or application made during 
 
 (9)
 
 226 
 
 the term at which said judgment was entered, and no more ; but 
 any such action taken or order passed after the expiration of 
 thirty days from the entry of any judgment, (unless upon a 
 motion or application made within that time), shall have the 
 same effect and force as it would have had under such previous 
 practice, if taken or passed after the expiration of said term, 
 and no more ; and the said courts shall respectively have, for a 
 period of thirty days after the doing of any act or thing in any 
 cause before them, the same revisory power and control over 
 such act or thing which, under the practice heretofore existing, 
 they would have had over the same during the term at which it 
 was done, and no more ; and after thirty days from the doing of 
 any such act or thing, the said courts shall have the same re- 
 visor}^ power and control thereover, which, under such previous 
 practice they would have had after the expiration of the term at 
 which said act or thing was done, and no more. 
 
 Preston v. McCauu, 77 Md. 33. Laubheimer v. Johnson, 98 Md. 685. 
 
 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 172. 
 
 318. In all cases where the pre-existing laws direct or re- 
 quire that any act or thing shall be done in or by any of said 
 courts during the same term at which some other act or thing 
 may be done or happen, such first mentioned act or 'thing shall 
 hereafter be done within thirty days after the doing or happen- 
 ing of said last mentioned act or thing. 
 
 1867, ch. 164. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 173. 
 
 319. All appeals from Justices of the Peace to the Baltimore 
 City Court shall stand for trial on the day following the return 
 day to which the appellee shall be returned summoned, or the 
 second return day to which the summons issued for the appellee 
 shall be returned non est. But before the Baltimore City Court 
 shall proceed to try any such appeal, the court shall first be 
 satisfied that all costs incurred on the judgment and proceedings 
 before the justice have been paid by the appellant. 
 
 Appeals from Justices of the Peace. Where a Justice of the Peace 
 refuses to send papers to the Baltimore City Court on appeal, on writ 
 of mandamus, said court will compel him to do so, and the court will 
 decide whether an appeal will lie. 
 
 Stewart v. Duvall, Daily Record. March 7, 1897. 
 Equity has no jurisdiction over magistrate's appeals. 
 
 Mankowitz v. Pruzan, Daily Record, April 20, 1898. 
 
 1892, ch. 186. P. L. L., (1888) Art. 4, sec. 173A. 
 
 320. In all cases in which appeals are or may be allowed to 
 the Baltimore City Court from the decisions of any commis-
 
 227 
 
 sioners, or other persons appointed in any manner to determine 
 any benefits or damages in any form of condemnation proceed- 
 ings, for the nse of the Mayor and City Council of Baltimore, it 
 shall be lawful for the city to enter appeals in the same manner 
 and within the same time or times allowed for their entry by 
 other persons ; and all such appeals by whomsoever prayed 
 within the time or times limited therefor, shall be heard and 
 determined by the Baltimore City Court as speedily as may be, 
 each person interested being secured in his, her or its rights to a 
 jury trial ; and in case there should be more than one appeal in 
 reference to the same piece of property, they may all be heard 
 together, in the discretion of the court, before one jury; pro- 
 vided, a sufficient panel of jurors be furnished, so that the city 
 and the owners or representatives of each separate interest or 
 estate in such property may strike four names from such panel ; 
 the practice, including the right of appeal to the Court of 
 Appeals in all such cases, shall conform as near as may be to the 
 practice now prevailing in said court in the trial of appeals from 
 the decisions of the Commissioners for Opening Streets. 
 
 1892. ch. 634. P. L. L.. (1SS8) Art. 4, sec. 173B. 
 
 321. The Supreme Bench of Baltimore City shall annually 
 designate two members of the said bench to sit in their respective 
 courts, attended by their clerks, during the annual sittings of 
 the Registers of Voters, and also on the four Saturdays imme- 
 diately preceding the September session of the Registers of 
 Voters of the City of Baltimore, for the purpose of hearing and 
 determining applications for naturalization, and such applica- 
 tions shall have precedence over all other business. 
 
 1900. ch. 705. 
 321A. The Supreme Bench is authorized to adopt rules and 
 regulations governing the subject of naturalization of aliens in 
 the Courts of Baltimore City, and imposing a uniform scale of 
 charges to be collected from the persons applying for naturaliza- 
 tion to defray the expenses incident to the operation of said 
 rules and regulations. 
 
 P. L. L.. (1S8,S) Art. 4, sec. 173A. 1894, ch. 392. 
 
 322. Wlienever the record of proceedings in any suit, action 
 or issue pending in one of the courts of common law in the City 
 of Baltimore .shall bo directed to be transmitted for trial to some 
 other such court of the said city, in accordance witli Article 4, 
 section 8, of the Constitution, it .shall be the duty of the clerk of 
 the court from whicli tlic said record of proceedings is so
 
 228 
 
 directed to be removed, to immediately deliver to the clerk of 
 the court to which the same is so directed to be removed, all the 
 original papers in the said cause, together with a certified copy 
 of all docket entries relating to the same, which original papers 
 and copy of docket entries shall constitute such record of pro- 
 ceedings for the purposes of such trial ; and it shall thereupon 
 become the duty of the judge of the court to which the said suit, 
 action or issue shall be removed immediately by special order 
 to assign the same for trial to such day, or in sequence to such 
 other causes, as he shall consider just and proper. 
 
 Weiskittel v. State, 58 Md. 155. De Murgiondo v. Frazier, 63 Md, 94. 
 
 CIRCUIT COURT OF BALTIMORE CITY. 
 
 p. G. L., (1860) Art. 29, sec. 58. P. L. L., (1888) Art. 4, sec. 174. 
 
 323. Whenever in any case instituted in the Circuit Court a 
 jury is asked for and allowed, or is desired by the Judge thereof, 
 the Judge shall issue an order to the Sheriff of Baltimore 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. 
 
 As to jurisdiction of this Court, see, Bartli v. Rosenfeld, 36 Md. 604, 
 and Orriclj v. Boelime, 49 Md. 72. 
 
 Commissions of Trustees. Rule of tlie Circuit Courts of Baltimore 
 City as to commissions to trustees for mailing investments of trust 
 funds pending litigation and general management of trust funds, con- 
 strued, in re Trust Estate Hiss, Daily Record, March IS, 1891. 
 
 Costs in Equity. The stenographer's per diem and one copy of testi- 
 mony are taxable as costs in equity vmder the 35th equity rule. Beecher 
 V. Baltimore Sterling Silver Co., Daily Record, January 11, 1896. 
 
 Striking out Decrees. The striking out of a decree before enrollment 
 is subject to the control of the Court during the term at which a decree 
 is passed ; during such term a decree is subject to the control of the 
 Court and liable, upon proper grounds shown by petition, to be altered 
 or reversed. Whitelock v. Bank of Commerce, Daily Record, May 15, 
 1897. 
 
 As to non-jury trials and removals of cases from one court in Balti- 
 more City to another, see, Chappell Chemical etc. Co. v. Sulphur Co., 85 
 Md. 684. 
 
 1874, ch. 312. P. L. L., (1888) Art. 4, sec. 175. 1888, ch. 194. 
 
 324. The Judge of the Circuit Court is not required to file 
 opinions for or in respect of any final decree or decretal order, 
 whenever such decree or order shall have passed upon argu- 
 ment, oral or in writing, on the part of any of the parties to a 
 cause. This section shall apply also to the Judge of the Circuit 
 Court I^umber Two of Baltimore City.
 
 229 
 
 CIKCUIT COUET I^UMBER TWO OF BALTIMORE 
 
 CITY. 
 
 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 176. 
 
 325. Another court is established in and for the City of 
 Baltimore, to be styled the Circuit Court JSTumber Two of Balti- 
 more City. The powers and jurisdiction of said court shall be 
 concurrent with those now held and exercised by the Circuit 
 Court of Baltimore City, and both of said courts shall have the 
 same terms and return days ; subject, however, to such rules 
 and regulations for a proper distribution and apportionment of 
 business between them as the Supreme Bench of Baltimore 
 City shall from time to time prescribe. 
 
 Ridgely v. Ridgely, 79 Md. 208. 
 
 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 177. 
 
 326. There shall be elected another Judge of the Supreme 
 
 Bench of Baltimore City, by the legal and qualified voters of 
 
 said city at the election to be held in said city on the Tuesday 
 
 next after the first Monday of ISTovember, eighteen hundred and 
 
 eighty-eight; the said Judge, when elected, to be subject to all 
 
 the provisions of the Constitution relating to the Supreme 
 
 Bench in Baltimore City and the several judges thereof. 
 
 For Legislative authority providing for the election of additional 
 judges authorized by the Constitution, see, Act 1894, ch. 284 and Act 
 1896, ch. 95. And see also, Act 1906, ch. 234, 
 
 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 178. 
 
 327. There shall be elected at the same election by the legal 
 and qualified voters of Baltimore City, a clerk for said Circuit 
 Court JSTumber Two of Baltimore City, who shall be subject to 
 all the provisions of the Constitution relating to the Clerk of the 
 Circuit Court of Baltimore City. 
 
 327A. Repealed by Act of 1908, ch. 460. 
 
 CRIMIN"AL COURT OF BALTIMORE. 
 
 p. L. L., (1860) Art. 4, sec. 175. P. L. L., (1888) Art. 4, sec. 179. 
 
 328. The Criminal Court of Baltimore shall hold three 
 regular sessions yearly, to commence on the second Monday of 
 January, second Monday of IMay, and second l\r()iiday of Sep- 
 tember; and such sessions shall continue until all the business 
 before it shall be finished. 
 
 In relation to the assignment of judges of the Criminal Court to sit
 
 230 
 
 separately with a separate jury for the trial of cases, see Jackson v. 
 State, 87 Md. 191. 
 
 P. L. L., (18G0) Art. 4, sec. 176. P. L. L., (1888) Art. 4, sec. 180. 
 
 329. At special sessions of said court, all cases may be tried 
 and disposed of as at the regular terms thereof. 
 
 P. G. L., (1860) Art. 29, sec. 59. P. L. L., (1888) Art. 4, sec. 181. 
 
 330. The Criminal Court of Baltimore shall have jurisdic- 
 tion in all cases of felony, and other crimes, offenses and misde- 
 meanors within the City of Baltimore. 
 
 1864, ch. 50. p. L. L., (1888) Art. 4, sec. 182. 
 
 331. Any person convicted in the Criminal Court of Balti- 
 more of larceny committed in Baltimore City to an amount 
 under five dollars, may in the discretion of the judge of the said 
 court, be sentenced to hard labor in the jail of Baltimore City 
 for not less than six months nor more than two years, instead 
 of the penitentiary. 
 
 p. G. L., (I860) Art. 29, sec. 62. P. L. L., (1860) Art. 4, sec. 177. 
 p. L. L., (1888) Art. 4, sec. 183. 
 
 332. All commitments and recognizances for all felonies, 
 crimes, offenses and misdemeanors committed within said city, 
 shall be returned from time to time by any Justice of tiie Peace 
 taking the same before said court, and shall be lodged witli the 
 clerk of said court on the day next preceding the day appointed 
 for holding the said court. 
 
 Commitments. As to defective commitments, see, in re Flanigan, 
 Daily Record, December 19, 1904, and iu re Livingstone, Daily Record, 
 December 30, 1889; also, Cornish v. Warden City Jail, Daily Record, 
 December 20, 1892. As to commitments generally, see Adams v. Supt. 
 Maryland House of Refuge, Daily Record, December 3, 1903. 
 
 P. L. L., (1860) Art. 4, sec. 184. P. L. L., (1888) Art. 4, sec. 189. 
 
 333. It shall be the duty of the Sheriff to make return of 
 each capias upon presentment or indictment from said court 
 within 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 dis- 
 cretion of the State's Attorney of Baltimore City, order said 
 capias to be re-issued, and the same capias shall again be deliv- 
 ered to the Sheriff" ; and the date of the first return thereof shall 
 be endorsed thereon ; and the second return shall be made within 
 the time above specified ; and in case the said capias is returned 
 the second time non est, the same shall be again so endorsed and 
 delivered to the Sheriff,
 
 231 
 
 p. L. L., (1860) Art. 4, see. 185. P. L. L., (1888) Art. 4, sec. 190. 
 
 334. The clerk of said court and the Sheriff of said city shall 
 be allowed only the fees for the issue of one capias, or for tlie 
 service of one capias in each term, however often the same may 
 be issued or returned. 
 
 P. L. L., (I860) Art. 4, sec. 186. P. L. L., (1888) Art. 4, sec. 101. 
 
 335. All subpoenas for witnesses from said court shall Ije 
 returned by the Sheriff within six days after the same are issued 
 by the clerk, or within six days after the day of the renewal of 
 such subpoenas, unless the same are ordered to be returned imme- 
 diately, in which case they shall be so returned, if practicable. 
 
 P. L. L.. (1860) Art. 4. sec. 187. P. L. L., (1888) Art. 4. sec. 192. 
 
 336. The said Sheriff shall be allowed for the service of one 
 suhpwtuL only, against any witness that may be returned nan est, 
 and for whom the said subpoena may be renewed, whether once 
 or oftener in one term. 
 
 P. L. L.. (I860) Art. 4, sec. 188. P. L. L., (1888) Art. 4, sec. 193. 
 
 337. The clerk of said court, if a subpoena is renewed by 
 order of the State's Attorney, or by the counsel of the prisoner 
 or traverser, shall endorse the renewal, on the subpa'na, and tlie 
 same shall have all the legal effect of a new subpoena issued in 
 the term of said court during which said subpoena was tirst 
 issued. 
 
 P. L. L., (1860) Art. 4. sec. 189. P. L. L., (1888) Art. 4, sec. 194. 
 
 338. The Sheriff" of said city shall be subject to a penalty of 
 five dollars in each case in which returns are not made witb.iii 
 the time prescribed in this sub-division of this Article. 
 
 1890, ch. 250. P. L. L., (1888) Art. 4, sec. 194A. 
 
 339. Witnesses appearing before the Grand Jury shall be 
 sworn in the presence of the Grand Jury by the foreman or by 
 some other member appointed by the foreman for that purpose. 
 
 P. G. L., (1860) Art. 29, sec. 64. P. L. L., (1888) Art. 4, sec. 196. 
 
 340. In all cases of misdemeanor which may be prosecuted 
 in said court at the instance of any person, if the party so 
 prosecuted shall be acquitted, all the legal costs and expenses 
 attending the prosecution shall be paid by the person at wliose 
 instance such prosecution was commenced, unless the couii; 
 shall certify that there was probable cause for the prosecution.
 
 232 
 
 p. G. L., (1S60) Art. 29, sec. 65. P. L. L., (1888) Art. 4, sec. 197. 
 
 341. The same process may be issued for the recovery of the 
 costs and expenses of such prosecution against the person who 
 may become liable therefor under the last preceding section, as 
 could be issued against the party prosecuted, if he had been 
 convicted. 
 
 1886, ch. 46. p. L. L., (1888) Art. 4, sec. 198. 
 
 342. The Mayor and City Council of Baltimore shall not be 
 liable in any criminal cases tried in the Criminal Court of 
 Baltimore for the appearance fees allowed by law to the attorney 
 of the traverser. 
 
 P. G. L., (ISGO) Art. 29, sec. 66. P. L. L., (1888) Art. 4, sec. 199. 
 
 343. Whenever the Grand Jury shall find any presentment 
 against any person for misdemeanor they shall endorse on the 
 presentment the name of the person at whose instance such pre- 
 sentment is made, who shall be deemed and taken to be the per- 
 son at whose instance such prosecution was commenced. 
 
 P. G. L., (1860) Art. 29, sec. 67. P. L. L., (1888) Art. 4, sec. 200. 
 
 344. If any security in any recognizance shall request to 
 deliver up the principal, said court, or the judge thereof in the 
 recess, may accept such surrender, and may require and take 
 other recognizance, or commit the principal to jail until he gives 
 such security as the law requires. 
 
 P. G. L., (1860) Art. 29, sec. 68. P. L. L., (1888) Art. 4, sec. 201. 
 
 345. If any person convicted in said court shall have a child 
 or children under the age of twenty-one years, and shall not have 
 property sufficient to maintain such child or children, the said 
 court may bind such child or children to any trade or handi- 
 craft ; females until the age of sixteen, and males to the age of 
 twenty-one years. 
 
 P. G. L., (I860) Art. 29, sec. 69. P. L. L., (1888) Art. 4, sec. 202. 
 
 346. If any person who shall be summoned as a witness to 
 said court shall fail to attend as required in said summons, he 
 shall be fined by said court in its discretion, not exceeding one 
 hundred and fifty dollars. 
 
 P. G. L., (I860) Art. 29, sec. 70. P. L. L., (1860) Art. 4, sec. 132. 
 P. L. L., (1888) Art. 4, sec. 203. 
 
 347. In all criminal cases in the said court in which bail
 
 233 
 
 shall be forfeited, the person who shall have entered into such 
 recognizance for the appearance of any traverser or prisoner 
 shall be liable forthwith to an attachment for contempt for the 
 non-appearance of said party, which attachment shall be issued 
 by the court in which an indictment against said traverser or 
 prisoner is pending, at the instance of the attorney prosecuting 
 therein. 
 
 P. G. L., (1860) Art. 29, sec. 71. P. L. L., (1860) Art. 4, sec. 133. 
 P. L. L., (1888) Art. 4, sec. 204. 
 
 348. In all cases in which bail as aforesaid is forfeited, the 
 court may, on the return of said attachment, order the person 
 attached to stand committed until the amount of said recogni- 
 zance is fully paid and satisfied, or may order said person to be 
 discharged upon the payment of such lesser sum as it shall, in 
 its discretion, deem proper ; provided, such sum be not less than 
 the amount of the costs which may have accrued in the case up 
 to the time of passing such order. 
 
 See note page 207, City Code (1879). 
 
 1865, eh. 187. P. L. L., (1888) Art. 4, sec. 205. 
 
 349. In all criminal cases removed from the Circuit Court 
 
 for Baltimore County to the Criminal Court of Baltimore and 
 
 tried, the Judge of the Criminal Court may allow to the State's 
 
 Attorney for Baltimore City in addition to the sum now allowed 
 
 by law, a compensation not exceeding forty dollars in any one 
 
 case, to be paid by Baltimore County to the City Register, for 
 
 the benefit of the State's Attorney. 
 
 As to costs and counsel fees In removed cases see: Mayor, etc. v. Co. 
 Commrs., Balto. Co., 19 Md. 554. Co. Commrs., How. Co. v. Co. Commrs., 
 Fred. Co., 30 Md. 432. M. & C. C. of Balto. v. Co. Commrs., How. Co., 
 61 Md. 326. Cf., note to Wright v. Hanmer, 5 Md. 370. 
 
 P. G. L., (1860) Art. 29. sec. 7. P. L. L., (1888) Art. 4, sec. 206. 
 
 350. The Criminal Court of Baltimore may appoint assist- 
 ant counsel for the State to aid in the trial of criminal or other 
 State cases in said court whenever in the judgment of the court 
 the public interest requires it. 
 
 P. G. L., (1800) Art. 29, sec. 8. P. L. L., (1888) Art. 4, sec. 207. 
 
 351. The Mayor and City Council of Baltimore shall levy 
 and pay such sum as in their judgment will be an adequate 
 compensation for the services rendered by such assistant coun- 
 sel; provided, the sum levied and paid in any single case shall 
 not exceed one hundred dollars.
 
 234 
 ORPHANS' COURT. 
 
 1865, ch. IW). P. I.. L., (1888) Art. 4, sec. 208. 1898, ch. 256. 
 
 1900, ch. 182. 
 
 352. The Judges of the Orphans' Court of Baltimore City 
 shall receive nine dollars for every day's attendance upon the 
 sessions of said Court, to be paid by the City of Baltimore 
 monthly, and the sessions of said Court shall continue from 11 
 A. M. until 3 P. M., if necessary for the transaction of business 
 of the Court. 
 
 1868. ch. 20. P. L. L.. (18S8) Art. 4, sec. 209. 1900, ch. 182. 
 
 353. The Bailiff of said Orphans' Court shall receive five 
 dollars a day for each day's attendance upon said Court. 
 
 1912, ch. 167. 
 353A. Every executor or administrator within ninety days 
 after the grant of letters, shall pay, out of the lirst moneys re- 
 ceived by him, after the first cost of letters of administration, 
 and after all taxes due from his decedent shall have been paid 
 or determined, the funeral expenses of his decedent, to be 
 allowed in the discretion of the Orphans' Court according to the 
 condition and circumstances of the deceased, in no event to 
 exceed $300.00, and the same shall be preferred to all debts 
 and claims against the deceased, except for taxes due and in 
 arrear from the decedent. If the said funeral expenses be not 
 paid within ninety days after the grant of letters testamentary 
 or of administration, the person or corporation having a claim 
 for such funeral expenses may present to the Orphans' Court a 
 petition verified by oath praying that the executor or adminis- 
 trator may be cited to show cause why he should not be required 
 to make such payment, and a citation shall be issued accord- 
 ingly. If upon the return of said citation it shall appear that 
 the executor or administrator has received moneys belonging to 
 the estate, which are applicable to the payment of the claims for 
 funeral expenses, the Orphans' Court shall, unless the validity 
 of the claim admitted by such executor or administrator, take 
 proof as to the amount and validity of the claim, and if satisfied 
 that such claim is valid, shall fix and determine the amount due 
 thereon, and sliall make an order directing the payment within 
 ten days after the date of such order and service of a copy 
 thereof upon such executor or administrator of such claim or 
 such proportion thereof as the money in the hands of the 
 executor or administrator applicable thereto may be sufiicient to 
 satisfy. If it shall appear that no money has come into the
 
 235 
 
 hands of the executor or administrator, the proceeding shall be 
 dismissed without costs in the discretion of the Court and with- 
 out prejudice to a further application or applications showing 
 that since such dismissal the executor or administrator has re- 
 ceived money belonging to the estate. Such application shall Ije 
 made upon a petition verified by oath stating the facts iipon 
 which the belief of the petitioner, that there are moneys in the 
 hands of such executor or administrator applicable to the pay- 
 ment of his claim, is based. Upon such further application the 
 issuance of the citation shall be in the discretion of the Orphans' 
 Court, and no such application shall be made less than three 
 months after the denial of any previous application. If upon 
 any accounting it shall appear that an executor or administra- 
 tor has failed to pay a claim for funeral expenses, the amount of 
 which has been fixed and determined by the Orphans' Court as 
 above set forth or upon such accounting he shall not be allowed 
 for the payment of any debt or claim against the decedent until 
 said claim for funeral expenses has been discharged in full : 
 and upon failure of any executor or administrator to pay any 
 claim for funeral expenses, after an order so to do, he may, upon 
 application, be removed. 
 
 EEGISTEE OF WILLS. 
 
 p. L. L., (1S60) Art. 4. sec. 824. P. L. L., (1888) Art. 4, sec. 210. 
 
 354. The Register of Wills of Baltimore City, upon his 
 election or appointment, and at and before the expiration of 
 every two years thereafter, shall give bond to the State of 
 Maryland in the sum of thirty thousand dollars, conditioned for 
 the faithful performance of all the duties now or which may 
 hereafter be required of him by law, with securities, the sufii- 
 ciency of which shall be certified by the Judges of the Orphans' 
 Court for said city, the same to be approved by the Comptroller 
 of the State, and when approved, to be filed in his office. 
 As to commissions, see, Banlis v. State, 60 Md. 305. 
 
 1908, cli. 118. 
 
 354A. The Register of Wills of Baltimore City shall imme- 
 diately after the enactment of this bill into law appoint two 
 general appraisers, to appraise the goods, chattels and personal 
 estate of all estates under administi-ation in the Orphans' Court 
 of Baltimore City, who shall serve the entire term of the present 
 Regi.ster of Wills, unless their places shall become vacant by 
 removal from cause, death, resignation or otherwise ; and there- 
 after when any other Register shall be elected or appointed, he
 
 236 
 
 shall in like manner appoint four appraisers for his full term of 
 office. The said appraisers shall appraise the goods, chattels and 
 personal estates of all decedents under administration in the 
 Orphans' Court of Baltimore City ; and shall in each case make 
 the charges therefor now allowed by law and certify the same to 
 the Kegister of Wills; they shall receive an annual salary of 
 sixteen hundred dollars each, to be paid by said Register out of 
 the fees of the office returned by said appraisers. The said 
 Register shall keep an accurate account of all moneys received 
 for such appraisements, and shall account for and pay the same 
 except the amount required to pay the salaries of said ap- 
 praisers into the State Treasury, as he is now required by law 
 to account for and pay other moneys for which he is account- 
 able to the State. 
 
 r. L. L., (I860) Art. 4, sec. 825. P. L. L., (1888) Art. 4, sec. 211. 
 
 355. When said bond is inspected by the judges of said 
 court, and is deemed good and sufficient, and is so certified, the 
 same shall be forthwith entered among the proceedings of said 
 court, and sent to the Comptroller for his approval; and when 
 said bond shall be approved by the Comptroller, he shall 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. 
 
 P. L. L., (18G0) Art. 4, sec. 826. P. L. L., (1888) Art. 4, sec. 212. 
 
 356. A refusal or neglect on the part of said Register to give 
 bond, to be approved and recorded as aforesaid, within the time 
 prescribed, shall be deemed a disqualification within the mean- 
 ing of the Constitution, and thereupon his place shall be filled 
 according to the provisions of the 25th and 41st sections of the 
 4th Article of the Constitution, and subject to the term and 
 service therein prescribed. 
 
 CLERKS OF THE LAW COURTS OF BALTIMORE 
 
 CITY. 
 
 p. G. L., (1860) Art. 18, sees. 66, 71. 1867, ch. 401. P. L. L., (1888) 
 
 Art. 4, sec. 213. 
 
 357. The Clerk of the Superior Court of Baltimore City 
 shall give bond to the State of Maryland in the sum of thirty 
 thousand dollars ; the Clerk of the Court of Common Pleas in 
 the sum of fifty thousand dollars, and the Clerk of the Baltimore 
 City Court in the sum of twenty thousand dollars, each of said 
 bonds conditioned for the faithful performance of all the duties
 
 237 
 
 now required of each of said clerks by law, with sufficient 
 securities; the sufficiency of which securities shall be certified 
 to by the Judge of each of said courts, and approved by the 
 Comptroller of the State as herein directed. 
 
 Vansant v. State, 96 Md. 110. Amer. Bondiug Co. v. Mechanics Bank, 
 97 Md. 604. 
 
 Bond of Clerk of Court is liable for salaries of his deputies. State 
 use of Smith v. Turner, 101 Md. 584. 
 
 Powers of Clerks of Law Courts of Baltimore City. Sections 11 and 
 15 of Article IV of the Constitution of 1851 confer the powers of the- 
 Clerk of the Baltimore County Court on the Clerks of the Court of 
 Common Pleas and the Superior Court; all doubts on this point are 
 removed by Acts of 1886, ch. 154 and 1884, ch. 233. B. & O. R. R. Co. 
 V. Smith, Daily Record, March 27, 1890. 
 
 P. G. L., (1860) Art. IS, sec. 67. P. L. L., (1888) Art. 4, sec. 214. 
 
 358. When the sufficiency of the securities in each of said 
 bonds is certified to by the judges of the several courts, the bonds 
 shall be immediately recorded among the proceedings of the 
 court to which the said clerk belongs, and then sent to the Comp- 
 troller for his approval ; and if the Comptroller shall approve 
 said bonds and securities he shall certify the same to the judges 
 of said several courts, and such certificates shall be recorded in 
 such respective courts. 
 
 P. G. L., (1860) Art. IS, sec. 68. P. L. L., (1888) Art. 4, sec. 215. 
 
 359. Each of said clerks shall every second year renew his 
 said bond in the same penalty, and with securities to be certified 
 and approved as hereinbefore directed. 
 
 P. G. L., (I860) Art. 18, sec. 69. P. L. L., (1888) Art. 4, sec. 216. 
 
 360. If any one of the clerks of said courts shall fail to give 
 bond as hereinbefore directed, within thirty days after he has 
 received his commission, or shall fail to give a new bond within 
 thirty days after the expiration of two years from the date of 
 the bond previously given, it shall be regarded as a misdemeanor 
 in office, and upon conviction thereof he shall be removed. 
 
 Dowling V. Smith, 9 Md. 242. 
 .S'ee note to sec. 54, Art. XIV, page 210, Baltimore City Local Code 
 (1879). 
 
 P. G. L., (1860) Art. 18, sec. 70. P. L. L., (1888) Art. 4, sec. 217. 
 
 361. No deputy or assistant of a clerk sliall become a surety 
 oil liis official bond.
 
 238 
 
 1864, ch. 74. 1864, ch. 385. P. L. L., (1888) Art. 4, sec. 218. 
 
 362. The Clerks of the Superior Court of Baltimore City, 
 of the Common Pleas, and Baltimore City Court are each 
 authorized and required to prepare an index of all judgments 
 rendered in the courts aforesaid; and they shall severally, on 
 each day after the adjournment of court, enter in a book to be 
 provided for that purpose, an index of each judgment rendered 
 in the court whereof he is clerk ; and 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. 
 
 P. a. L., (1860) Art. 18, sec. 73. P. L. L.. (1888) Art. 4, sec. 218. 
 
 363. All the provisions of sections 61-66 inclusive of Article 
 17 of the Code of Public General Laws, title ''Clerks of Courts," 
 sub-title ''Clerks of the Circuit Courts," relating' to the obtain- 
 ing of blank licenses, granting the same and returning an 
 account thereof to the Comptroller by the clerks of the circuit 
 courts for the counties, shall apply to the Clerk of the Court of 
 Common PleaSj and it shall be his duty to comply with such 
 provisions. 
 
 1800. ch. 630. P. L. L., (1888) Art. 4, sec. 218A. 1896, ch. 435. 
 
 364. The Clerk of the Superior Court of Baltimore City is 
 authorized and empowered to have fair and legible copies made 
 of such land record books in his custody of the classes and de- 
 scription hereinafter named, as have become worn, mutilated 
 or illegible, that is to say, lifty-six volumes of the said land 
 record books, of a date prior to the year eighteen hundred ; five 
 volumes of the series of land record books known as ''W. G." 
 and eight volumes of the said land record books, of the series 
 kno\\Ti as "E. D." 
 
 1898, ch. 146. 
 364a. It shall be the duty of the Clerk of the Superior Court 
 of Baltimore City, as soon as practicable after the passage of 
 this Act, to make and prepare for use in his office new indexes 
 of all land records and conveyances in his keeping between the 
 years 1864 and 1886, and rearrange them in accordance with 
 the modern system, as now used in his office for the current 
 work. 
 
 1902, ch. 189. 
 3641). The Clerk of the Superior Court of Baltimore City is
 
 239 
 
 hereby authorized to prepare a set of indexes, upon the block 
 system, or general index plan, now in use in his office, as may 
 appear to be most practicable, for the land records covering the 
 period between the years 1851 and 1888. 
 
 1890, ch. 630. P. L. L., (1888) Art. 4, sec. 218B. 
 
 365. A copy made in pursuance of the provisions of the pre- 
 ceding sections, and compared and certified under oath by the 
 said Clerk of the Superior Court of Baltimore City, to be a 
 true copy, shall have the same force and effect when deposited 
 among the said land records of said city, as if it were an original 
 record. 
 
 1890, ch. 630. P. L. L., (1888) Art. 4. sec. 218C. 
 
 366. After the aforesaid copies shall have been duly made as 
 above provided, the original land record books so replaced shall 
 be removed to some place of safe keeping by the said Clerk of 
 the Superior Court of Baltimore City, and carefully preserved, 
 and only exliibited or allowed to be inspected upon an order of 
 court, or in the discretion of the said Clerk of the Superior 
 Court of Baltimore City. 
 
 CLERK OF THE CRIMINAL COURT OF BALTIMORE. 
 
 p. G. L., (1860) Art. 18, sec. 74. P. L. L., (1888) Art. 4, sec. 219. 
 
 367. The Clerk of the Criminal Court of Baltimore shall 
 give bond to the State of Maryland in the penalty of fourteen 
 thousand dollars, with sufficient securitv, to be approved by the 
 Judge of said court ; and conditioned for the faithful perform- 
 ance of all the duties now required, or which may hereafter be 
 required of him by law, and to be recorded in the office of said 
 clerk. 
 
 P. G. L., (1860) Art. 18, sec. 75. P. L. L., (1888) Art. 4, sec. 220. 
 
 368. The said clerk shall renew said bond at the same time 
 and under the same penalty as are prescribed for the clerks of 
 the Circuit Courts. 
 
 CLERK OF THE CIRCUIT COURT OF BALTIMORE 
 
 CITY, AND OF THE CIRCUIT COURT NUMBER 
 
 TWO OF BALTIMORE CITY. 
 
 P. G. L., (1860) Art. 18, sec. 76. 1888, ch. 194. P. L. L., (1888) 
 
 Art. 4, sec. 221. 
 
 369. IIk' ("Icrk of the Cir<-uit Court of Baltimore Citv, aiid
 
 240 
 
 of the Circuit Court Number Two of Baltimore City, shall 
 respectively enter into bond to the State in the penalty of 
 twenty thousand dollars, conditioned for the faithful discharge 
 of his duties, with security to be approved by the Judge of said 
 courts. 
 
 SALAKIES OF CLERKS OF COURTS. 
 
 1868, ch. 54. P. L. L., (1888) Art. 4, sec. 222. 
 
 370. Wlienever the fees or other compensation of any of the 
 clerks of the courts of Baltimore City shall, after the payment 
 of all necessary expenses, fail to pay such officers the salary 
 provided for by the Constitution, and any of said clerks ghall, 
 imder section 1st, Article 15, of the Constitution, have paid to 
 the State any sum of money as excess, after retaining his salary, 
 such excess is appropriated to the payment of the salary so in 
 arrear until each of said clerks shall have received the full 
 amount thereof; and it shall be the duty of the Comptroller of 
 the State to draw a warrant upon the State Treasurer for the 
 payment of said arrears out of the said excess, not to exceed the 
 whole amount so in arrears, and not to exceed the whole amount 
 of said excess paid into the treasury of the State. 
 
 1896, ch. 438. 1912, ch. 343. 
 
 371. The Comptroller of the State of Maryland be and he is 
 hereby directed to draw a warrant upon the State Treasurer 
 for the payment of the sum of twenty-five hundred dollars per 
 annum in each and every year, in quarterly installments of six 
 hundred and twenty-five dollars at the end of each and every 
 quarter, for the compensation of the trust clerk designated by 
 the Supreme Bench of Baltimore City in the offices of the 
 Circuit Court of Baltimore City and Circuit Court 'No. 2 of 
 Baltimore City, for the supervision of the trust estates in said 
 courts, payment of said salaries to be made out of any money 
 paid by the clerks of the several courts of Baltimore City into 
 the State Treasury, and on the certificate of some one of the 
 judges of the Supreme Bench of Baltimore City that such trust 
 clerk has performed his duties for the time so certified by said 
 judge ; the clerk of the Circuit Court of Baltimore and of the 
 Circuit Court ISTo. 2 of Baltimore City be and they are hereby 
 authorized and directed to appoint a chief clerk for each of their 
 respective Courts, said appointment to be subject to confirma- 
 tion by the Supreme Bench of Baltimore City ; and when said 
 appointments have been so made and confirmed the Comptroller 
 of the State of Maryland be and he is hereby directed to draw
 
 241 
 
 two warrants upon the State Treasurer, each for the payment 
 of the sum of two thousand five hundred dollars per annum in 
 each and every year in quarterly installments of six hundred 
 and twenty-five dollars at the end of each and every quarter, for 
 the compensation of each of the two chief clerks so appointed 
 and confirmed. 
 
 CRIERS, BAILIFFS, WATCHMEN" A:N'D STENOGRA- 
 PHERS. 
 
 p. L. L., (1860) Art. 4, sec. 134. 1888, ch. 194. P. L. L., (1888) 
 
 Art. 4, sec. 223. 
 
 372. The Clerks of the Circuit Court, Circuit Court Num- 
 ber Two, the Criminal Court, the Court of Common Pleas, the 
 City Court and the Superior Court of Baltimore City shall sever- 
 ally, at the end of every month, certify to the Mayor and Regis- 
 ter of the city the amount due the several bailift's and criers of 
 their respective courts, and the Mayor and Register shall pay 
 them accordingly. 
 
 1864, ch. 113. P. L. L., (1888) Art. 4, sec. 224. 
 
 373. The City Register shall pay to the crier of the Superior 
 Court of Baltimore City, the crier of the Baltimore City Court, 
 and the crier of the Court of Common Pleas of Baltimore City 
 the sum of fifteen hundred dollars per annum, in monthly in- 
 stallments of one hundred and twenty-five dollars at the end of 
 each and every month, as and for their respective salaries, on 
 the certificates of said clerks of the said courts that said criers 
 have performed their several duties as criers of said courts for 
 the time so certified by said clerks. 
 
 1870, ch. 94. 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 225. 
 
 374. The City Register shall pay to the bailiffs, respectively, 
 of the Superior Court of Baltimore City, of the Court of Com- 
 mon Pleas of Baltimore City, of the Baltimore City Court, of 
 the Circuit Court of Baltimore City, of the Circuit Court 
 Number Two of Baltimore Citv and of the Criminal Court of 
 Baltimore City the sum of fifteen hundred dollars per annum, 
 as and for their respective salaries, at the same time and in the 
 same manner as is provided in the preceding section for the 
 payment of the salaries of the crier of the Superior Court, the 
 crier of the Baltimore City Court and the crier of the Court of 
 Common Pleas of Baltimore City.
 
 242 
 
 1872, ch. 87. 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 226. 
 
 375. The Clerk of the Circuit Court of Baltimore City and 
 the Clerk of the Circuit Court Number Two of Baltimore City 
 are respectively authorized and empowered to appoint a night- 
 watchman, whose duty shall be to strictly and vigilantly guard 
 throughout the year, between the hours of six P. M. and seven 
 A. M., the records and papers deposited in their respective 
 offices, and who shall be removed in the discretion of the said 
 clerks, respectively, for neglect or carelessness in the discharge 
 of his duties, or for other good and sufficient cause. 
 
 1872, ch. 87. 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 227. 
 
 376. The City Register shall pay to the said watchman the 
 sum of nine hundred dollars per annum, as and for their re- 
 spective salaries, in the same manner as is provided for the pay- 
 ment of the salaries of the bailiffs of the Courts. 
 
 1878, ch. 479. P. L. L., (1888) Art. 4, sec. 228. 
 
 377. The Clerk of the Court of Common Pleas in Baltimore 
 City is authorized and empowered to appoint a night watchman, 
 whose duty it shall be to strictly and vigilantly guard, through- 
 out the year, the records and papers deposited in the office of 
 the Clerk of the Court of Common Pleas, and who shall be 
 removed, in the discretion of the said clerk, for neglect or care- 
 lessness in the discharge of his duties, or for other good and 
 sufficient cause. 
 
 1878, ch. 479. P. L. L., (1888) Art. 4, sec. 229. 
 
 378. The City Register shall pay to the said watchman the 
 sum of eighty-three dollars and thirty-three cents per month, as 
 and for his salary, in the same manner as is provided for the 
 payment of the salaries of the bailiffs of the courts. 
 
 1867, ch. 373. 1892. ch. 122. P. L. L., (1888) Art. 4, sec. 230. 
 
 1908, ch. 476. 
 
 379- The judges of the Supreme Bench of Baltimore City 
 are authorized and directed to appoint from time to time as 
 many court stenographers, not exceeding in number altogether 
 the number of said judges, as shall in their discretion be re- 
 quired for the services of the several courts of Baltimore City, 
 who shall be sworn officers of the court, and shall each be paid 
 a salary of eighteen hundred dollars per annum when such sten- 
 ographers shall be required to attend the courts regularly, or ten 
 dollars per diem for each day of actual employment when he 
 
 t < I
 
 243 
 
 sliall be appointed to attend only when his services shall be 
 specially required by the judges ; the said salaries to be paid in 
 like manner as the salaries of the other officers of the courts are 
 now paid, as prescribed in section 372. 
 
 1867, ch. 373. P. L. L., (1888) Art. 4, sec. 231. 1892, ch. 122. 
 
 380. Each of the stenographers so appointed shall be skilled 
 in the practice of his art, and shall hold his position during the 
 pleasure of the Supreme Bench. It shall be his duty, under the 
 direction of the judge of the court to which he may be assigned 
 for the time being, to take full stenographic notes of all oral 
 testimony and judicial opinions orally delivered in every judi- 
 cial proceeding ; and it shall be his duty to furnish to any party 
 to such proceeding, upon request, a typewritten copy of the 
 notes of testimony and judicial opinions so taken by him, or of 
 such part thereof as may be required, on payment by such party 
 of the expenses of such copy, at such rates as shall be fixed by 
 rule of court at the time. Whenever any judge shall be satisfied 
 that a copy of all or any part of the stenographic notes of testi- 
 mony or judicial opinions, taken during any judicial proceeding 
 at which he presided, is necessary for the purpose of justice, he 
 shall under such rules as shall be prescribed by the Supreme 
 Bench, pass an order that the expense of making a copy of such 
 part of said stenographic notes as he shall specify in said order 
 shall be deemed a necessary disbursement of the proceeding, and 
 allowed as such to the prevailing party, and it shall be so taxed 
 in the bill of cost, but shall be paid in the first instance as shall 
 be directed in said order. 
 
 1867, ch. 373. P. I.. L.. (1888) Art. 4, sec. 232. 
 
 381. The Judges of the Orphans' Court of the City of Balti- 
 more are authorized and directed to appoint a stenographer for 
 that court, who shall be a sworn oflicer of the court, but shall be 
 required to attend the sessions of such court only when specially 
 summoned by the presiding judge thereof. The stenographer so 
 appointed sliall be skilled in the practice of his art, and shall 
 hold his position so long as he efiicicntly 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 stenographer, whose duty it shall 
 be in .sucli proceedings to take full stenographic notes of all oral 
 proofs anfl jiuliciiil opiiiions orally delivered ; and in case ap])eal
 
 244 
 
 shall be taken from the decision of the court, such notes shall 
 be transcribed, and after being signed by the witnesses, depo- 
 nents or affiants, shall become 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 proceedings in which 
 such proofs shall be taken, and of the judges of said court, the 
 signing of such record of proof by the witness, deponent or 
 affiant, may be waived ; in which case such record, after being 
 authenticated by the certificate of said stenographer, or of the 
 presiding judge of the court, shall be deemed to be the record 
 of any proofs or proceedings so taken. The stenographer shall 
 receive as compensation for his services the sum of eight dollars 
 for each day of actual attendance at the court, by direction of 
 the presiding judge thereof, which sum the presiding judge 
 shall cause to be paid equally by the respective parties to the 
 proceeding in which the notes shall be taken, and shall enforce 
 payment thereof ; and if the notes so taken shall be transcribed, 
 as hereinbefore provided, the expense of such transcriptions, at 
 the rate of ten cents for each one hundred words so transcribed, 
 shall be taxed in the bill of costs of the proceeding to the party 
 appellant, and shall thereafter be awarded as costs by the Court 
 of Appeals, in accordance with the provisions of the Code of 
 Public General Laws. 
 
 Cannon v. Crook, 32 Md. 483. Denison v. Denison, 35 Md, 370. 
 
 1867, ch. 373. P. L. L., (1888) Art. 4, sec. 233. 
 
 382. The stenographer in each of the courts hereinbefore 
 named may appoint an assistant stenographer, who shall also be 
 a sworn officer of the court, to assist him in the discharge of his 
 duties ; provided that no additional compensation shall be paid 
 or expense incurred by reason of such appointment. 
 
 SHERIFF. 
 
 383. Repealed by Act of 1912, ch. 202. 
 
 1861, ch. 55. P. L. L., (1888) Art. 4, sec. 235. 
 
 384. Any officer may send out his fees on execution at any 
 time during the year. 
 
 1861, ch. 53. p. L. L., (1888) Art. 4, sec. 236. 
 
 385. The Sheriff shall collect the fees due to the following 
 officers, which may be placed in his hands for collection, namely : 
 attorneys, clerks of all the courts, commissioner of the land 
 office, coroners, criers, registers of wills, surveyors and sheriffs.
 
 245 
 
 1861, ch. 53. P. L. L., (ISSS) Art. 4, sec. 237. 
 
 386. The Sheriff may distrain or execute the goods and 
 chattels of any person against whom any fees are phiced in his 
 hands for collection; provided, he has sixty days previously de- 
 livered to such person, or left at his place of abode, an account 
 of such fees. 
 
 WITNESSES, DOCKET ENTRIES, RECORDS. 
 
 187S, ch. 28. P. L. L., (1888) Art. 4, sec. 288. 1898, ch. 123. 
 
 1900, ch. 279. 
 
 387. Witnesses attending any of the Courts of Baltimore 
 City, except the Criminal Court of Baltimore, shall be entitled 
 to fifty cents a day, and in the Criminal Court shall not be 
 entitled to said allowance, except by the express order of the 
 Court, and only in such cases as the Court in its discretion may 
 deem proper. But any of the Courts of Baltimore City may, in 
 its discretion, allow itinerant charges to out-of-town witnesses. 
 
 1884, ch. 23. P. L. L., (1888) Art. 4, sec. 239. 
 
 388. In any suit now pending, or hereafter to depend, in any 
 court in the City of Baltimore, wherein a transcript of the 
 record of any cause in any other court in the City of Baltimore 
 might be offered in evidence, it shall be sufficient to produce the 
 docket entries and original papers and proceedings in said last- 
 mentioned cause, or the record book in which the same have been 
 recorded, and if required by law to be recorded, and actually 
 recorded, and offer the same in evidence ; and the same, when so 
 produced and offered in evidence, shall have the same effect, to 
 all intents and purposes, as a transcript of the record thereof, 
 under the seal of the court wherein the same are ; and such pro- 
 duction may be had by any party to a suit upon a suhpwna duces 
 tecum issued to the clerk of the court wherein such docket 
 entries, original papers and proceedings may be. 
 
 Kilbourn v. Goldsmith, 46 Md. 289. 
 
 COSTS. 
 
 1882, ch. 354. P. L. L., (1860) Art. 4, sec. 1591/2- 
 P. L. L., (1888) Art. 4, sec. 240. 
 
 389. In all actions at law for wrongs, independent of con- 
 tracts, in any of the courts of Baltimore City, where the verdict 
 or iixjuisition of damages after default made shall be for a sum 
 less than fifty dollars, the costs shall be adjudged to the de- 
 fpiirlaiit, unlf'Ks the Court shal] otherwise determine; but the
 
 246 
 
 Court, before allowing costs to the plaintiff in such case, shall 
 be satisfied that he had good reason for not bringing suit before 
 a Justice of the Peace; and in all cases of appeals whatsoever 
 from judgments of Justices of the Peace in Baltimore City, 
 costs shall be allowed to plaintiff or defendant, in the discretion 
 of the Court; provided, that in all cases involving the title to 
 real estate, wherein the verdict or judgment is for the plaintiff", 
 he shall be allowed his costs. 
 
 Repp V. Berger, 60 Md. 1. 
 
 Costs. As to allowance for costs of depositions rendered unnecessary 
 by the appearance of party at trial, see, 
 
 Dorsey v. Heinzerling, Daily Record, October 18, 1897. 
 
 A rule sevuHty for costs will not be laid against a non-resident legal 
 defendant when there is a resident equitable defendant liable for such 
 costs under the statute. 
 
 Kellog V. Bokee, Daily Record, December 7, 1898. 
 
 As to attachment for costs, see, Matthews v. Davidson, Daily Record, 
 June 17, 1891. 
 
 390. Kepealed by Act 1902, eh. 496. 
 
 391. Repealed by Act 1902, ch. 496. 
 
 392. Repealed by Act 1902, ch. 496. 
 
 393. Repealed by Act 1902, ch. 496. 
 
 394. Repealed by Act 1902, ch. 496. 
 
 DEAF, DUMB AND BLIND. 
 
 p. G. L., (1860) Art. 33, sec. 1. P. L. L., (1888) Art. 4, sec. 246. 
 
 395. It shall be the duty of the Mayor and City Council of 
 Baltimore, on the application of any parent, guardian or next 
 friend (provided such parent, guardian or next friend has been 
 a bona ffde citizen of this State for at least two years previous 
 to such application) of any deaf and dumb person of teachable 
 age and capacity, not exceeding the age of twenty-one years, to 
 inquire into the age and capacity of said deaf and dumb person, 
 and also into the ability of such person, his or her parent or 
 guardian, to pay the expense of his or her education: and if 
 satisfied by evidence produced that such person is of teachable 
 age, and is endowed with capacity to receive instruction, and 
 that neither person, or his or her parents or guardian is pos- 
 sessed of means to pay for such instruction, then it shall be the 
 further duty of the Mayor and City Council of Baltimore afore- 
 said to certify the same to the Governor of this State.
 
 247 
 
 P. G. L., (1S60) Art. 33, sec. 2. 1865, ch. 68. 1870, ch. 478. 
 P. L. L., (1888) Art. 4, sec. 247. 
 
 396. On receiving the certificate of the Mayor and City 
 Council of Baltimore as aforesaid, it shall be the duty of the 
 Governor to authorize the instruction of said deaf and duml) 
 person in the Maryland Institute for the Education of the Deaf 
 and Dumb, located at Frederick, for a term not exceeding seven 
 years ; and it shall be the further duty of the Governor, on the 
 certificate of the President of said institution that such deaf 
 and dumb person has been taught at said institution, to order 
 the Comptroller of the Treasury to draw his warrant on the 
 Treasurer of the State for two hundred dollars per annum for 
 each deaf and dumb person taught in pursuance of his authority 
 at said institution, payable to the president thereof, in quarterly 
 payments, on the first days of January, April, July and October 
 in each year ; and the Governor shall also order the Comptroller 
 of the Treasury to draw on the State Treasurer his warrant, 
 payable to the proper party, for the expenses necessarily in- 
 curred in transporting and returning said deaf and dumb per- 
 son ; provided, that the whole amount drawn from the treasury 
 for the purposes aforesaid shall not exceed seven thousand five 
 hundred dollars in any one year ; provided, further that the 
 Governor shall dispose of applications in behalf of deaf and 
 dumb persons, under the provisons of this sub-division of this 
 Article, in the order in which they may be made ; and if the 
 applications be more than sufiicient to absorb the aforegoing 
 appropriation, he shall suspend the action upon the excess until 
 vacancies occur, or further provision be made by the General 
 Assembly. 
 
 P. Cr. L.. (I860) Art. 33, sec. 3. 1808, ch. 205. 1886, ch. 278. 
 P. L. L., (1888) Art. 4, sec. 248. 
 
 397. A sum not exceeding twenty-one thousand dollars shall 
 be and is hereby annually appropriated, to be applied, under 
 the direction of the Governor, in placing for instruction in tlie 
 Maryland Institute for the Instruction of the Blind, such indi- 
 gent blind persons of the age of nine years and upwards, in- 
 hal)itants of this State and the county or city from whicli they 
 are recommended, to the Governor by the county connnissioners 
 of each county, or the judges of the Orphans' Court of Balti- 
 more City'. 
 
 I'. <;. L., (I860) Art. 33, sec. 4. P. L. L., (1888) Art. 4, see. 249. 
 
 398. Tho recommendation shall state that such blind persons
 
 248 
 
 are in such indigent circumstances as to be unable from their 
 own resources, or those of their parents, to obtain instruction, 
 and are of good natural capacity. 
 
 1865, cli. 75. 1886, ch. 278. P. L. L., (1888) Art. 4, sec. 250. 
 
 399. The amount per annum paid for any one individual 
 shall not exceed the sum of three hundred dollars, nor the term 
 of instruction eight years. 
 
 p. G. L., (1860) Art. 33, sec. 6. P. L. L. (1888) Art. 4, sec. 251. 
 
 400. The Governor shall report to the General Assembly at 
 each regular session thereof the amount of money expended by 
 him in pursuance of the provisions of this sub-division of this 
 Article and the names, ages and places of residence of the dif- 
 ferent applicants. 
 
 1912, ch. 71. 
 
 400a. That the Mayor and City Council of Baltimore be and 
 it is hereby authorized and empowered to appropriate for the 
 Maryland Workshop for the Blind a sum not exceeding five 
 thousand dollars ($5,000.00) annually, to aid in the mainte- 
 nance of the work of that institution. 
 
 DESTROYING PROPERTY MALICIOUSLY. 
 
 p. L. L., (1888) Art. 4, sec. 251 A. 1896. ch. 270. 
 
 401. If any person shall maliciously cut, disfigure, mutilate, 
 damage, destroy or otherwise injure any goods, wares, materials 
 or merchandise intended to be manufactured, made up or con- 
 verted into garments, wearing apparel or other articles of mer- 
 chandise, and belonging to any other person, or shall maliciously 
 cut, disfigure or otherwise injure any garments, wearing apparel 
 or other articles of merchandise belonging to any other person, 
 or shall cause the same to be done, or shall by any means cause 
 or incite any person to do the same, upon conviction thereof, 
 before any tribunal of competent jurisdiction, he shall be fined 
 not more than fifty dollars, or to be sentenced to imprisonment 
 in the House of Correction for not more than six months, or both 
 fined and imprisoned in the discretion of the court. 
 
 402-425. Sections 402 to 425 both inclusive, repealed by 
 Act 1902, ch. 296. 
 
 This act (1902, ch. 296) repeals the Local Law upon the subject of 
 Elections, and by supplementing Art. 33 of the Public General Laws 
 provides for elections in Baltimore City.
 
 249 
 EXAMINING ENGINEERS. 
 
 1892, cli. 448. P. L. L., (1888) Art. 4, sec. 297 A. 
 
 426. The Governor shall bieuuially appoint, in and for the 
 City of Baltimore, two engineers who have had not less than ten 
 years practical experience in running steam engines, boilers and 
 appliances pertaining to stationary or portable engines, and 
 who have been residents of this State for not less than five years 
 next preceding the date of their appointment, who shall consti- 
 tute and be known as the ''Board of Examining Engineers." 
 The parties so appointed, before entering on their duties, shall 
 make oath before a, Justice of the Peace that they will faith- 
 fully perform the duties of their office without fear, partiality 
 or favor; and that they will not, during their term of office, 
 accept any money, gift, gratuity or consideration from any per- 
 son, and shall give bond to be approved by the Comptroller of 
 the State, in the sum of three thousand dollars each, for the 
 faithful discharge of their duties; and before entering on said 
 discharge of their said duties, the said inspectors shall provide 
 themselves with an office in a proper location in the City of 
 Baltimore, and shall give notice by publication for at least five 
 days through the two daily papers having the largest circulation 
 in said city, of the time and manner in which they will make the 
 examinations hereinafter provided for. 
 
 1892, ch. 448. P. L. L., (1888) Art. 4, sec. 297B. 1910, ch. 662. 
 
 427. The said board shall have general supervision of all 
 stationary engineers within the State of Maryland, except as 
 hereinafter provided ; it shall be their duty to examine all engi- 
 neers of the age of twenty-one years or upwards, who shall apply 
 to them for examination, and to give all parties so examined a 
 certificate of proficiency if found proficient, and to refuse to 
 give such certificate if not found proficient, and the parties so 
 receiving such certificate shall pay to the said board the sum of 
 three dollars ($3) for each certificate so issued and from all 
 renewals of all grades the sum of one dollar and fifty cents 
 ($1.50) ; said certificate shall be of four grades; a certificate of 
 the first grade will permit the holder thereof to take charge of 
 any plant of machinery ; the second grade to take charge of any 
 plant of machinery from one to five hundred horse-power, and 
 the third grade to take charge of any plant of machinery from 
 one to thirty horse-power, and the fourth grade to take chai'ge 
 of any hoisting or portable plant of machinery; and the said 
 certificate shall run for the term of one year, and shall be re- 
 newed annually, the term of beginning of said certificate to be
 
 250 
 
 from the date of the examination of the respective applicant ; 
 provided, that no engineer having such certificate shall have 
 charge of more than one plant of machinery at the same time 
 unless said plant be of the same company and at one and the 
 same place ; and no substitute who has not been examined and 
 received a certificate, aforesaid, shall be placed in charge of 
 machinery by any engineer who has. 
 
 1892, ch. 448. P. L. L., (1888) Art. 4, sec. 297C. 
 428. All persons of twenty-one years of age or upward who, 
 after the adoption of this Article, shall desire to fill a position 
 as a stationary engineer, must make application to the "Board 
 of Examining Engineers" for examination and certificate of 
 proficiency, before he can pursue his avocation as such engineer ; 
 provided, that any engineer employed as stationary engineer at 
 the works of any steam railway, or any engineer employed as 
 such with any stationary engine, who at the time of the adop- 
 tion of this Article shall have been employed at the same place 
 for the term of six months or more, shall not be required to 
 apply for such examination and certificate ; but whenever such 
 engineers shall remove from the place where so employed they 
 shall be, and are hereby required to make application for exami- 
 nation and certificate to said Board of Examining Engineers as 
 hereinbefore provided ; and provided further, that the provisions 
 of this section shall not apply to persons running engines and 
 boilers in sparsely settled country places, where not more than 
 twenty persons are engaged in work about such engines and 
 boilers, nor to engineers running country saw and grist mills, 
 threshing machines and other machinery of a similar character, 
 nor to marine engineers engaged in steamboats, ships and other 
 vessels run by steam, nor to those engaged as locomotive engi- 
 neers of any steam railway company. And in the event of any 
 charge being made to said board, of any engineer who may hold 
 a certificate from them, of being intoxicated, while in charge 
 of an engine or boiler, or of the neglect of duty on the part of 
 such engineer or engineers, it shall be the duty of said board to 
 immediately hear such charge, and if sustained, annul such cer- 
 tificate. The certificate granted to the respective applicants 
 must be framed and kept in a conspicuous place at such place as 
 such persons may be respectively at work. Any person violating 
 the provisions of this sub-division of this Article shall be deemed 
 guilty of a misdemeanor, and upon trial and conviction before 
 a Justice of the Peace, shall be fined not less than twenty-five 
 dollars nor more than fifty dollars, one-half of which shall be 
 paid the informer and the balance to the State.
 
 251 
 
 1892, eh. 448. P. L. L.. (1SS8) Art. 4, sec. 297D. 
 
 429. Said Board of Examining Engineers shall meet at 
 their office in the City of Baltimore for the pnrpose of examin- 
 ing applicants at least once in every week, and at a specified 
 hour and day, and shall sit until all applicants shall be examined, 
 and in the event of inability to examine all the applicants on 
 the regular day of meeting, they shall continue their sessions 
 for each successive day until the same shall be completed. They 
 shall visit and inspect the running and management of all 
 steam plants wherein the engineers are required to be examined 
 as hereinbefore provided, not less than once every six months, 
 and in the event of their finding on such examination that the 
 engineer or engineers in charge of such plant or machinery are 
 not running and managing the same with proper skill and care, 
 they shall report the same to the State Board of Boiler Inspec- 
 tors for their action ; and said Board of Examining Engineers 
 are hereby invested with power and authority to enter all such 
 premises and make the examination herein provided for; and 
 any owner of any such premises who shall refuse to allow them 
 to enter and make such examination shall be deemed guilty of a 
 misdemeanor and be punishable upon trial and conviction, as 
 provided in the preceding section. 
 
 1892, ch. 448. P. L. L., (1SS8) Art. 4, sec. 297E. 
 
 430. The said Board of Examining Engineers shall receive 
 an annual salary of fifteen hundred dollars each, and shall have 
 power to employ a clerk or secretary at a salary not exceeding 
 the sum of one thousand dollars per annum, and such expense 
 shall be allowed said board as shall be incurred in traveling- 
 expense, office rent, stationery and printing, and for which they 
 shall produce to the Comptroller of the State Treasury, proper 
 vouchers ; provided, however, that no appropriation shall be 
 made and no moneys paid by the State Treasurer to said board 
 for or on account of said salaries and expenses, but that the 
 same shall be paid to them by and from the fees received for the 
 examination and certificates hereinbefore provided for; and 
 provided further, that the said board shall keep a strict account 
 of all fees received for such purposes, and quarterly, under oath 
 or affirmation, return such statement to the Comptroller of the 
 State I'reasurv; and whenever the amount is in excess of the 
 salaries and expenses hereinbefore provided foi" they shall for- 
 ward such excess to said Comptroller, and they shall keep a 
 certificate book with the certificates therein duly iinml)ered and 
 of which to each certificate there is a corresponding stub to be
 
 252 
 
 filled in to correspond in all respects to the certificate issued, and 
 subject to the inspection of the Comptroller, when he may deem 
 the same necessary. 
 
 FEKRIES. 
 
 1868, ch.l87. P. L. L., (1888) Art. 4, sec. 298. 
 
 43i. The Broadway and Locust Point Steam Ferry Com- 
 pany of Maryland is created to establish a steam ferry, suitable 
 to transport passengers, aoods, wagons, carriages, live-stock or 
 any other transportable article, across, over and within the 
 harbor of Baltimore ; and the said corporation is made capable 
 of erecting wharves, buildings, or any other contrivances neces- 
 sary or convenient for the conduct of the business of the ferry, 
 for which purpose the said corporation is authorized to pur- 
 chase, hold, sell, rent or lease land. And the said company is 
 authorized and empowered to hold and use as a wharf or land- 
 ing, for the use of said ferry, the end of the wharf commonly 
 known as the County wharf, together with a right of way in 
 common with others, through the centre of said wharf, of the 
 width of ten feet, as a thoroughfare for travel to and from the 
 end of said wharf; and all the remainder of the border sides 
 and surface of the said wharf, except the end and right of way 
 granted, is reserved exclusively for the landing of such fruits, 
 vegetables and other agricultural products as may be brought 
 from the counties to the City of Baltimore, for sale or otherwise. 
 Broadway and Locust Point Ferry Co. v. Hankey, 31 Md. 346. 
 
 1870, ch. 436. P. L. L., (1860) Art. 4, sec. 299. 
 
 432. The said corporation is authorized and empowered to 
 occupy and use the wharf at the foot of Haubert Street, in the 
 City of Baltimore, as a wharf or landing place for the ferry 
 boats of said company, in exclusion of all other steam ferry 
 boats plying in the harbor of said city. 
 
 1870, eh. 436. P. L. L., (1888) Art. 4, sec. 300. 
 
 433. It shall not be lawful for any steam ferry boat, other 
 than one of those belonging to the said Broadway and Locust 
 Point Steam Perry Company of Maryland, to land at or use 
 either of the sides or the end of said wharf at the foot of Hau- 
 bert street, nor the end or either of the sides of the wharf at the 
 foot of Broadway, mentioned in section 431 of this Article ; and 
 any and every person in charge, control or command of any 
 steam ferry company, other than a boat belonging to the said 
 company, who shall use or attempt to use the ends or either of
 
 253 
 
 the sides or any part of the wharves mentioned, for a landing 
 place or wharf for the steam ferry boat so in his charge, control 
 or command, shall each he subject to, and shall pay a line of 
 twenty-five dollars for each and every time the said steam ferry 
 boat so in his charge, control or command of such person shall 
 touch at either of the wharves aforesaid, which fines shall be 
 enforceable and collectible according to law. 
 
 Broadway, etc. Co. v. Hankey, 31 Md. 346. 
 
 1870, ch. 436. P. L. L., (1888) Art. 4, sec. 301. 
 
 434. The said company is authorized to erect gates and 
 ticket houses on the wharves at the foot of Broadway and 
 Haubert street in said City of Baltimore. 
 
 1868, ch. 187. 1870, ch. 436. P. L. L., (1888) Art. 4, sec. 302. 
 
 1902, ch. 351. 
 
 435. The said corporation shall keep and run on their ferry 
 routes two good and substantial steam ferry boats, staunch and 
 seaworthy, and supplied according to the law in such cases made 
 and provided ; and the said corporation shall so manage the said 
 ferry as that one of their ferry boats shall leave each end of said 
 ferry at least every ten minutes between the hours of six o'clock 
 A. M. and eight o'clock P. M., and at intervals of twenty-five 
 minutes between the hours of eight o'clock P. M and twelve 
 o'clock midnight ; provided, that the requirements of this section 
 shall be directory only and not mandatory upon said corporation 
 when the weather, public convenience or traffic justify said 
 corporation in altering said requirements. 
 
 1868, ch. 187. P. L. L., (1888) Art. 4, sec. 303. 
 
 436. The said corporation shall not charge any greater sums 
 than are contained in the following scale of prices, to wit : For 
 one passenger, five cents ; for one horse, mule or ass, and rider 
 or driver, ten cents; for one cow and driver, ten cents; for 
 every swine, three cents ; for every sheep, two cents ; for every 
 calf, two cents ; for every heifer, three cents ; for one horse, cart 
 and driver, fifteen cents; for two horses, cart and driver, 
 eighteen cents ; for one horse, wagon and driver, fifteen cents ; 
 for two horses, wagon and driver, eighteen cents ; for every addi- 
 tional horse to those above enumerated, harnessed to a wagon or 
 cart, three cents ; for every two-seated carriage and two horses, 
 fifteen cents ; for every four-seated carriage and one horse, twelve 
 cents; for every four-seated carriage and two horses, twenty 
 cents ; for every additional horse to those above enumerated, har-
 
 254 
 
 nessed to a carriage, five cents ; for one lumber wagon and one 
 horse or two horses, twenty-five cents. 
 
 1868, ch. 187. P. L. L., (1888) Art. 4, sec. 304. 
 
 437. Firemen in actual discharge of their duties, together 
 with their apparatus, accoutrements and horses, police officers 
 in the actual discharge of their duties, and all funerals, shall 
 pass free. 
 
 FINES AND FORFEITURES. 
 
 p. L. L., (1860) Art. 4, sec. 232. P. L. L., (1888) Art. 4, sec. 305. 
 
 1892, ch. 411. 
 
 438. One-half of all fines adjudged by and accruing in the 
 Criminal Court of Baltimore, when secured by the Sheriff of 
 Baltimore City, shall be paid to the ]\Iayor and City Council of 
 Baltimore, and out of said fines the judge of said court may 
 order and direct to be paid to the State's Attorney of said city 
 such additional fees in cases of extraordinary duration and 
 trouble, as he may deem just and reasonable, but this section 
 shall not have any effect upon the rights of informers. 
 
 Rawlings v. State, 2 Md. 20. 
 
 1884, ch. 119. P. L. L., (1888) Art. 4, sec. 306. 1894, ch. 519. 
 
 439. The Sheriff of Baltimore City shall, on or before 
 the first day of December in each year, divide equally all 
 fines imposed by the Criminal Court of Baltimore City on 
 persons convicted for keeping houses of ill-fame, among such 
 incorporated dispensaries of said city as shall comply with the 
 provisions of the succeeding section. 
 
 Snowden v. Baltimore Dispensary, 60 Md. 85. 
 
 1884, ch. 119. P. L. L., (1888) Art. 4, sec. 307. 
 
 440. Such fines shall be divided equally among those incor- 
 porated dispensaries which shall, within ten days after the 
 tenth day of November in each year file in the ofiice of the 
 Sheriff of Baltimore City separate reports, the truth of each of 
 which shall be sworn to by one of the officers of the dispensary 
 filing the same, before any officer of the State of Maryland 
 authorized bv law to administer oaths, showing: that in the vear 
 preceding such tenth day of November, the said dispensary had 
 under its charge more than two thousand separate persons as 
 patients, and that its said dispensary was open for the treat- 
 ment of disease two hours daily, and for the free distribution of
 
 255 
 
 medicine to the poor six hours daily on each week day and two 
 continuous hours on each Sunday in said year. 
 
 1884, ch. 119. P. L. L., (ISSS) Art. 4, sec. 308. 
 
 441. In case said fines shall not be claimed by any such 
 dispensary in the manner specified in the two preceding sec- 
 tions, then said fines shall be paid by the Sherift" to the Mayor 
 and Citv Council of Baltimore. 
 
 1884, ch. 119. P. L. L., (1888) Art. 4, sec. 309. 
 
 442. The said Sheriff's official bond shall be responsible for 
 the faithful payment of said money as hereinbefore provided, 
 and shall be liable for any default in any duty herein required 
 to be performed by him. 
 
 P. L. L., (1860) Art. 4, sec. 234. P. L. L., (1888) Art. 4, sec. 310. 
 
 1908, ch. 18. 
 
 443. No person shall hereafter be allowed to give security 
 for the payment of any fine and costs imposed by the Criminal 
 Court of Baltimore, but any person who shall be sentenced by 
 the court to the payment of any fine and costs shall stand com- 
 mitted until they are paid. And in default of the payment of 
 said fine and costs shall serve one day in jail for each dollar or 
 fractional part thereof of said fine and costs ; provided, however, 
 that in no case shall the term of such imprisonment in default 
 of the payment of any fine and costs exceed six months. 
 
 In connection with fines, see, Day v. State, 7 Gill 322. State v. Mace, 
 5 Md. 337. 
 
 1908, ch. 314. 
 
 443A. The provisions of the aforegoing section shall also 
 apply to the term of imprisonment to be served in default of 
 fines and forfeitures imposed by the several police magistrates 
 of Baltimore City when exercising criminal jurisdiction. 
 
 1880, ch. 211. P. L. L., (1888) Art. 4, sec. 311. 
 
 444. When any fine or penalty is imposed by any Act of 
 Assembly of this State, or by any ordinance of any incorporated 
 city or town in this State, enacted in pursuance of snfticiont 
 authority, for the doing of any act forbidden to be done by such 
 Act of Assembly or ordinance, or for omitting to do any act 
 required to be done by such Act of Assembly or ordinance, the 
 doing of such act, or the omission to do such act, shall be doomed 
 to bo a f-riminnl offence; such offence, in the City of l>alti-
 
 256 
 
 more, shall be prosecuted by the arrest of the offender for such 
 offence, and by holding him to appear in or committing him for 
 trial in the Criminal Court of Baltimore, at the Saturday ses- 
 sions of said court, which said court shall have jurisdiction in 
 the said cases, and shall proceed to try or dispose of the same 
 in the same manner as other criminal cases triable at the Satur- 
 day sessions of said court may be tried or proceeded with, or dis- 
 posed of, or such offence may be prosecuted by indictment in 
 such court; such offences in any county of this State shall be 
 prosecuted by the arrest of the offender for such offence, and by 
 holding him to bail to appear in or committing him for trial in 
 the Circuit Court for the county in which such offence was com- 
 mitted, or by indictment in the Circuit Court for such county 
 for such offence. If any person shall be adjudged guilty of any 
 such oft'ence by any court having jurisdiction in the premises, 
 he shall be sentenced to the fine or penalty prescribed by such 
 Act of Assembly or ordinance, and to the costs of his prosecu- 
 tion, and in default of payment thereof he shall be committed 
 to jail until thence discharged by due course of law; any indict- 
 ment for the violation of any ordinance of any incorporated 
 city or towm of this State may conclude "against the form of 
 the ordinance in such case made and provided, and against the 
 peace, government and dignity of the State." 
 
 McCracken v. State, 71 Md. 155. Dean v. State, 98 Md. 80. 
 
 FIEE. 
 
 Fire Department. 
 1888, ch. 393. P. L. L., (1888) Art. 4, sees. 315, 3150. 
 
 445. The Ma^-or and City Council of Baltimore is hereby 
 directed to appropriate annually such sums of money as shall 
 be sufficient to pay the pensions of such members of the Fire 
 Department as shall heretofore have been put upon the pen- 
 sion roll, and as shall thereafter be put upon said pension 
 roll, in accordance with the provisions of this Article ; and also 
 to appropriate such sums of money as may be sufficient to afford 
 relief to the widows and children of firemen killed in the dis- 
 charge of duty. 
 
 MISCELLANEOUS LOCAL LAWS. 
 ' P. L. L., (1860) Art. 4, sec. 237. P. L. L., (1888) Art. 4, sec. 313. 
 
 446. Any person who shall wilfully destroy or injure any 
 engine, hose, reel or other apparatus whatever for the extin-
 
 257 
 
 giiishment 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. 
 
 P. L. L., (1860) Art. 4, sec. 238. P. L. L., (1888) Art. 4, sec. 314. 
 
 447. Any person who shall assault, beat or otherwise in- 
 tentionally hurt or injure any fireman of the City of Balti- 
 more, whilst in the discharge of his duties as fireman (except 
 in self-defence), shall, upon conviction thereof, be sentenced 
 to imprisonment in Baltimore City Jail for a period not less 
 than one month, and the payment of a fine of not less than 
 ten nor more than one hundred dollars. 
 
 Fire Gongs in Hotels. 
 1906, ch. ISO, sec. 1. 
 
 447a. Any building or buildings now used as hotels or 
 apartment houses, or that shall hereafter be used as such shall 
 have installed in said building or buildings large fire gongs, 
 which shall be rung only in case of fire or danger of fire, 
 so as to notify and warn the occupants thereof. 
 
 1906, cli. ISO, sec. 2. 
 
 447b. The gongs provided for in the preceding section shall 
 be of such size as shall be designated by the Inspector of 
 Buildings of Baltimore City, and shall be placed one at each 
 stair landing and one at each end of every corridor or hall, and 
 so put up, arranged and connected that each gong can be 
 sounded from the main office. 
 
 1906, ch. 180, sec. 3. 
 
 447c. Any owner, agent, lessee or manager of any building 
 or buildings used or occupied as a hotel or apartment house, 
 that shall neglect or refuse to comply with the provisions of this 
 Act shall be deemed guilty of a misdemeanor, and upon indict- 
 ment and conviction thereof shall be fined not less than $250 
 nor more than $1,000, for each offense. 
 
 1906, ch. 180, sec. 4. 
 
 447fl. The provisions of this Act shall not apply to build- 
 ings of twelve rooms or less. 
 riO)
 
 258 
 
 P. L. L., (1888) Art. 4, sec. 315D. 1892, ch. 345. 1900, ch. 708. 
 
 448. The Mayor and City Council of Baltimore is hereby 
 authorized and empowered to appropriate annually the sum 
 of one thousand dollars, payable to the Veteran Volunteer 
 Firemen's Association of Baltimore City, for the rental of a 
 suitable building for the keeping of its apparatus, holding 
 meetings, paying janitor, and for fuel and other necessary ex- 
 penses incident to said association. 
 
 1910, ch. 568. 
 
 448a. That no building or structure of any kind whatever 
 shall be erected, constructed or altered, or used as a garage^ 
 livery or hiring stable, or any other stable having accommoda- 
 tions for over ten horses, housing of vehicles of any kind, 
 storage house, houses or structures for keeping of inllammable 
 goods or explosives of any kind whatever within six hundred 
 feet (600) of any building or structure used as a public hos- 
 pital in the City of Baltimore; nothing in this Act shall be 
 construed to apply to garage, livery or hiring stables or any 
 other stable in use at the time of the passage of this Act. 
 
 Illuminating Oils and Fluids. 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 329. 
 
 449. All oils or fluids manufactured from petroleum or 
 its products, used for illuminating purposes in this State, which 
 shall be manufactured or kept for sale therein, shall be re- 
 quired to stand a fire test of one hundred and ten degrees 
 Fahrenheit before it shall burn, to be ascertained bv Tagliabue's 
 coal oil tester, or some other instrument constructed upon the 
 same principle. 
 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 330. 
 
 450. Every person manufacturing or selling illuminating 
 oils or fluids, manufactured from petroleum or its products, 
 by the barrel, shall be required to have stamped upon the head 
 of the barrel the name of the manufacturer thereof and his 
 place of business, together with the words "warranted to stand 
 a fire test of one hundred and ten degrees Fahrenheit before 
 it shall burn." 
 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 831. 
 
 451. Whoever manufactures for illuminating purposes, or 
 sells in quantities not less than a barrel, oils or fluids made 
 from petroleum or its products, which does not sustain the
 
 259 
 
 fire test as provided in section 449, shall be deemed guilty of 
 a misdemeanor, and on conviction thereof, shall be fined not 
 more than one thousand dollars, or imprisoned in the jail or 
 penitentiary not more than two years, in the discretion of the 
 court. Whoever sells in quantities less than a barrel, for il- 
 luminating purposes, oils or fluids made from petroleum or its 
 products, which does not sustain the fire test provided for in 
 section 449, shall forfeit said oil, and be fined not less than 
 five dollars nor more than twenty dollars; said fine to be col- 
 lected as other fines are now collected, one-half to go to the 
 informer, the other to be paid into the treasury of the State. 
 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 332. 
 
 452. Any purchaser of oils or fluids made of petroleum or 
 its products, for illuminating purposes, bearing the stamp 
 required in section 450, and which does not stand the fire 
 test required in section 449, may recover from the seller in 
 an action for debt an amount equal to double the purchase 
 money of said oil. 
 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 333. 
 
 453. Any accident by reason of explosion, occurring with 
 any oil or fluid manufactured from petroleum or its products, 
 shall subject the seller thereof to prosecution for a misde- 
 meanor, and upon conviction thereof in a court of competent 
 jurisdiction, to a fine not exceeding one thousand dollars, nor 
 less than five hundred dollars ; one-half of said fine to be paid 
 to the informer and the other half to the State. 
 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 334. 
 
 454. In case of seizure or confiscation of oils or fluids man- 
 ufactured from petroleum or its products, as provided in sec- 
 tion 451, the party who has sold such oils or fluids shall have 
 the privilege of referring the same to some commissioned in- 
 spector recognized by the oil trade of Baltimore, whose decisions 
 shall be prima facie evidence of the quality of said oil or fluid. 
 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 335. 
 
 455. If any inspector of oils shall be convicted in a court 
 of competent jurisdiction of furnishing a false report of the 
 fire-test of any oil submitted to his inspection, he shall be liable 
 to a fine of not less than five hundred dollars nor more than 
 two thousand dollars, at the discretion of the court; said fine 
 to be paid into the treasury of the State.
 
 260 
 
 1874, ch. 504. P. L. L., (1888) Art. 4, sec. 336. 
 
 456. The provisions of the seven preceding sections shall 
 not apply to oils or fluids manufactured from petroleum or its 
 products for the purpose of exportation or for use in street 
 lamps. 
 
 FISH. 
 1886, ch. 450. P. L. L., (1888) Art. 4, sec. 337. 
 
 457. No person shall expose for sale, or have in his posses- 
 sion, offering for sale, any striped bass or rock M^eighing less 
 than one-half pound each, or any v^hite perch weighing less 
 than one-quarter of a pound each ; any person violating any of 
 the provisions of this section shall be deemed guilty of a mis- 
 demeanor, and upon conviction by a court of competent juris- 
 diction shall be fined not more than twenty dollars or be con- 
 fined in jail not more than thirty days, or both, in the judg- 
 ment of the court. 
 
 GAS COMPANIES. 
 
 458. 459 and 460. Kepealed by Act of 1910, Chapter 56. 
 
 1888, ch. 322. P. L. L., (1888) Art. 4, sec. 341. 1900, ch. 180. 
 
 461. No corporation or person shall charge for illuminating 
 gas in Baltimore City a sum to exceed one dollar and ten 
 cents per thousand cubic feet. 
 
 1888, ch. 322. P. L. L., (1888) Art. 4, sec. 342. 
 
 462. The illuminating gas furnished by any such corpora- 
 tion or person shall have an illuminating power not less than 
 twenty sperm candles of six to the pound, and burning at the 
 rate of one hundred and twenty grains of spermaceti per hour, 
 tested at a distance of not less than one mile from the place of 
 manufacture by a burner consuming, five cubic feet of gas 
 per hour, and shall as regards purity, comply with the standard 
 now or hereafter established by law. 
 
 1912, ch. 853. 
 
 462a. That if and when a proposition for the -introduction of 
 natural gas into the City of Baltimore and for the supply of 
 the same to the consumers for a term not exceeding twenty-five 
 years shall be submitted to the Board of Estimates for the 
 City of Baltimore, the same shall be by it fully considered. If 
 and when the said Board of Estimates shall have approved
 
 261 
 
 such proposition or any modification thereof and shall have 
 entered into an agreement with any corporation either upon 
 the proposition submitted or otherwise, which it is hereby 
 authorized to do, the agreement thus reached shall be reduced 
 to writing and shall thereupon be submitted to the Public Ser- 
 vice Commission of the State of Maryland for its approval as 
 to the rates therein prescribed ; and as to each and all the terms, 
 conditions and provisions thereof, and upon such approval by 
 the said Public Service Commission, and not before the said 
 agreement shall become binding upon the City of Baltimore 
 and upon the corporation named in said agreement on the 
 further approval of such agreement by ordinance of the City 
 Council of Baltimore and the approval of such ordinance by 
 the Mayor ; and the officials of the City of Baltimore are there- 
 upon required to duly execute such contract with the corpora- 
 tion therein named for the term of years and in accordance with 
 the rates, terms and conditions therein set forth. 
 
 1912, ch. 853. 
 462b. That any such agreement may contain such provi- 
 sions and conditions with respect to the rates and conditions to 
 consumers for the supply of artificial gas, as shall be approved 
 as above provided. 
 
 1912, ch. 853. 
 462c. That nothing contained in this Act shall limit or 
 authorize any contract that may limit in any manner the 
 powers of the Public Service Commission of Maryland. 
 
 HARBOR, DOCKS A:^D WHARVES. 
 HARBOR. 
 
 p. L. T... (1860) Art. 4, sec. 267. 18S4, ch. 309. P. L. L.. (1888) Art. 
 
 4, sec. 351. 1908, ch. 170. 
 
 463. ISTo alteration, extension or removal of wharves, piers, 
 bulkheads or pilings shall be made in the Patapsco River or 
 tributaries without consent of the Harbor Board. 
 
 Page V. Mayor, 34 Md. 558. Hazlehurst v. Mayor, 37 Md. 399. Wil- 
 liams V. Baker, 41 Md. 523. B. & O. R. R. Co. v. Chase, 43 Md. 24. 
 Horner v. Pleasants, 66 Md. 477. CImssoii v. Chesapeake Co., 81 Md. 
 258. 
 
 -See, Res. 185, April 22, 1876. 
 
 P. L. L., (1860) Art. 4, sec. 268. P. L. L.. (1888) Art. 4, sec. 352. 
 
 1908, ch. 170. 
 
 464. If any person shall violate the provisions of the pre-
 
 262 
 
 ceding section he shall be deemed guilty of a misdemeanor and 
 upon conviction shall be subject to a fine not exceeding two 
 hundred and fifty dollars, and the Harbor Board is hereby 
 empowered to remove forthwith, at the expense of the persons 
 erecting the same, the structure, obstruction or extension com- 
 plained of. 
 
 465 and 466. Repealed by Act of 1908, Chapter 170. 
 
 Doclcs. 
 
 p. L. L., (1860) Art. 4, sec. 193. P. L. L., (1888) Art. 4. sec. 3587" 
 
 467. The Mayor and City Council are vested with the right 
 and title to any land made or to be made by them out of the 
 water in making and completing the improvements of the city 
 dock, according to the plan heretofore adopted by them; pro- 
 vided, that nothing contained in this section shall be con- 
 strued to interfere with the vested rights of individuals. 
 
 P. L. L., (1860) Art. 4, see. 194. 1880. ch. 418. P. L. L., (1888) Art. 4, 
 
 sec. 359. 1908, ch. 170. 
 
 468. !No vessel shall lie at any wharf, pier or dock, or ad- 
 joining same, in such manner as to obstruct or prevent the 
 free passage of any vessel to or from some other berth in 
 the same or another wharf, pier or dock. The master of any 
 vessel refusing to comply with the provisions of this section 
 within one hour from the time notice to move his said vessel 
 shall have been served upon him by the harbor master or a 
 police oSicer of Baltimore City, shall be guilty of a misde- 
 meanor, and shall be subject to a fine of not more than twenty 
 dollars for every hour thereafter said obstruction continues. 
 
 P. L. L., (1860) Art. 4, sees. 196, 197. 1880, ch. 418. P. L. L., (1888) 
 Art. 4, sec. 360. 1908, ch. 170. 1912, ch. 32. 
 
 469. Provided, however, that, except in regard to docks and 
 wharves owned by the Mayor and City Council of Baltimore, 
 nothing contained in any section or provision of this Article 
 shall be constructed to impose any duty upon the Mayor and 
 City Council of Baltimore to any person or corporation using 
 the Patapsco River, or any branch or tributary thereof, in 
 regard to the safety thereof, or to render the said Mayor and 
 City Council of Baltimore liable for any loss of life or injury 
 or damage to person or property, by reason of any obstruction 
 in, or unsafe condition of, any part of said river or of said 
 branches or tributaries, or either of them.
 
 263 
 
 470 to 477, both inclusive. Kepealed by Act of 1908, Chap- 
 ter 170. 
 
 P. L. L., (1860) Art. 4, sec. 952. P. L. L., (1SS8) Art. 4, sec. 370. 
 
 478. Any person carrying wood to Baltimore for sale may 
 land the same upon the State wharves whenever permitted 
 to do so by any Tobacco Inspector in the warehouse to which 
 the wharf is attached; but such permission shall not interfere 
 with that portion of the public wharves set apart for the use 
 of boats laden with tobacco. 
 
 P. L. L., (I860) Art. 4, sec. 953. P. L. L., (1888) Art. 4, sec. 371. 
 
 479. The person landing wood upon the public wharves 
 under the preceding section shall pay the Tobacco Inspector 
 the sum of six and a quarter cents a cord, to be by the said 
 inspector paid into the State Treasury, and the inspector shall 
 be allowed twenty per cent, upon the money so received and 
 paid into the State Treasury. 
 
 Harbor Board. 
 P. L. L., (1888) Art. 4, sec. 372. 1894, cli. 423. 
 
 480. The Harbor Board shall have full control and manage- 
 ment of the iceboat Annapolis, belonging jointly to the State 
 of Maryland and the City of Baltimore, subject to the orders 
 of the Governor of the State, for the use of said boat for the 
 public service. 
 
 See p. L. L., (1888) Art. 4, sees. 372 to 377, inclusive, relating to ice 
 boat and harbor relief. 
 
 P. L. L., (1888) Art. 4, sec. 373. 1894, ch. 423. 
 
 481. The said Board is hereby authorized to appoint, in 
 conformity with the provisions of section 88 of this Article, at 
 such reasonable rates of pay as it may determine, and at its 
 pleasure to discharge, such officers and crew as ma}' in its 
 judgment be deemed necessary for the proper operation and 
 maintenance of said boat at all times. 
 
 P. L. L., (1888) Art. 4, sec. 374. 1S94, ch. 423. 
 
 482. The said Board shall employ the said boat, primarily, 
 for the purpose of preventing obstruction by ice to the naviga- 
 tion of Baltimore harbor, and the ship channels loading thereto, 
 and for the relief of vessels in distress, bound to or from the 
 port of Baltimore.
 
 264 
 
 p. L. L., (1SS8) Art. 4, sec. 375. 1894, ch. 423. 
 
 483. The Board is further authorized to use the said boat 
 (or at its discretion the ice boat Latrobe) in the relief from 
 obstruction by ice of any of the harbors or channels of the 
 Chesapeake Bay or its tributaries, when such service can be 
 rendered without detriment to the commerce of the port of 
 Baltimore, and for any other service which the said Board may 
 deem advantageous to commerce and the public interest ; the 
 Board may charge such reasonable rates for towage, or relief 
 of vessels, as it may deem proper, having in view the public 
 and private interests and facilities of commerce, and the sum 
 received for same shall be applied to the expense of the boat. 
 
 P. L. L., (1888) Art. 4, sec. 376. 1894, cli. 423. 
 
 484. The annual expenses of maintaining and operating 
 said iceboat shall be paid by the Mayor and City Council of 
 Baltimore. 
 
 P. L. L., (1888) Art. 4. sec. 377. 1894, ch. 423. 
 
 485. The said Board shall in its annual report to the ]\layor 
 and City Council of Baltimore embody statements of the opera- 
 tions of, and the receipts and disbursements for the said ice- 
 boat, and shall send copies of the same to the Governor nnd 
 Comptroller of the Treasury of the State. 
 
 HEALTH. 
 
 NUISAIS^CES. 
 
 p. L. L., (1860) Art. 4, sec. 798. P. L. L., (1888) Art. 4, sec. 379. 
 
 1910, ch. 288. 
 
 486. Whenever any nuisance dangerous to the health of 
 the city shall exist in any street, lane or alley of the city, 
 either public or private, and it shall be found necessary in 
 order to remove the same to have such street, lane or alley 
 paved, the said city may order the same to be paved and may 
 recover the amount expended in paving the same, and the 
 expenses of collection, from the owner or owners of the prop- 
 erty fronting thereon, in equal portions, by suit against the 
 owner. 
 
 City can assess against abutting owner for paving private alley to 
 abate nuisance. 
 
 Owners Realty Co. v. M. & C. C, 112 Md. 477. 
 
 P. L. L., (1860) Art. 4, sec. 799. P. L. L., (1888) Art. 4, sec. 380. 
 
 487. The said owner mav in such action defend himself
 
 265 
 
 against any such claim for expenses of paving and the collec- 
 tion thereof by proof that no such nuisances existed, or that 
 the paving of the said street, lane or alley was not necessary 
 to the removal or abatement thereof, or that such nuisance 
 was caused by an act or ordinance of said city, or its officers 
 in the execution of their duty. 
 
 I'. L. L., (1S60) Art. 4, sec. 800. P. L. L., (1888) Art. 4, sec. 381. 
 
 488. The expenses of such paving, and the expenses inci- 
 dent to the collection thereof, shall be a lien upon the property 
 chargeable therewith ; and when the right of the city to recover 
 the same has been determined, the city may levy such expenses 
 upon said property. 
 
 P. L. L., (1860) Art. 4, sec. 801. P. L. L., (1888) Art. 4, sec. 382. 
 
 489. If any of the said property shall be owned by persons 
 not resident within the limits of said city, then, after public 
 notice given at least three times a week for three successive 
 weeks in two newspapers of the city, by advertisement, de- 
 scribing the property chargeable, the amount of expense with 
 which it is chargeable and if known, the name of the owner 
 thereof, the City may proceed to levy said expenses upon the 
 interest of such non-resident in said property, without any pre- 
 vious suit to determine their right to the same. 
 
 P. L. L., (1860) Art. 4, sec. 802. P. L. L., (1888) Art. 4, sec. 383. 
 
 490. Such non-resident may, at any time within three 
 mouths after said expenses have been levied and collected, in- 
 stitute an action against the city for the recovery of the same ; 
 and if it shall appear in such action that public, notice was not 
 given as hereinbefore directed, or that no such nuisance ex- 
 isted, or that the paving of said street, lane or alley was 
 not necessary to the removal or abatement thereof, or tluit the 
 same was caused by an act or ordinance of the city, or by its 
 officers in the execution of their duty, such non-resident shall 
 recover the expenses of paving and collection so levied upon 
 his property. 
 
 P. L. L., (I860) Art. 4, sec. 803. P. 1,. L.. (1SS8) Art. 4, sec. 384. 
 
 491. Whenever any nuisance dangerous to the hoaltli of 
 the city shall be found upon any vacant lot within the city, tlie 
 city may remove or abate the same, and shall have the same 
 remedy against the owner of such lot, for the expenses of so 
 doing, as is given in the five preceding sections against tlie
 
 266 
 
 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. 
 
 p. L. L., (I860) Art, 4, sec. 854. P. L. L., (1888) Art. 4, sec. 385. 
 
 492. Wlienever the Commissioner of Health shall certify 
 
 in writing to the Mayor tliat it is necessary for the Health of 
 
 the City to alter the grade of any street, lane or alley on low 
 
 or made ground the Mayor shall proceed to act in the mauner 
 
 specified in this Article relating to streets. 
 
 City has right to grade a street, lane or alley to abate a nuisance. 
 Owners Realty Co. v. M. & C. C, 112 Md. 477. 
 
 ATHLETIC FIELDS, ETC. 
 
 1910, ch. 203. 
 
 492a. That the Mayor and City Council of Baltimore City 
 be and the same is hereby authorized and empowered to enter 
 into agreements or contracts with the Public Athletic League, 
 incorporated, for the purpose of establishing, maintaining and 
 conducting gymnasia, athletic fields and recreation centers for 
 the benefit of the people of Baltimore City, for such length of 
 time and upon such terms as the Mayor and City Council of 
 Baltimore City may deem advantageous. 
 
 Chemical Laboratories. 
 P. L. L., (1860) Ai't. 4, sec. 149. P. L. L., (1888) Art. 4, sec. 387. 
 
 493. No person shall erect or assist in the erecting any 
 chemical laboratory within the limits of said city without the 
 consent of the city, and the city may provide by ordinance for 
 preventing the erection of any such laboratory, and for re- 
 moving or preventing the use of any that shall be erected. 
 
 Children's Playgrounds. 
 
 1906, ch. 201. 
 
 493a. The Mayor and City Council of Baltimore is auth- 
 orized and empowered to enter into an agreement with the 
 duly constituted officers of the Children's Playground Associa- 
 tion (Division Eight United Women of Maryland) for the 
 maintenance of Children's Playgrounds in the City of Balti- 
 more, for such length of time and upon such terms as the 
 Mayor and City Council of Baltimore may deem advantageous.
 
 267 
 
 1908, ch. 511. 
 
 4931). That the Mayor and City Council of Baltimore be 
 and it is hereby authorized and empowered to enter into an 
 agreement with the Children's Playground Association of Bal- 
 timore City, a body corporate, for the maintenance of children's 
 playgrounds in the City of Baltimore, for such length of time 
 and upon such terms as the Mayor and City Council of Balti- 
 more may deem advantageous. 
 
 1908, ch. 511. 
 
 493c. That any contract or appropriation heretofore made 
 or provided for by the Mayor and City Council of Baltimore in 
 pursuance of the provisions of Chapter 201 of the Acts of the 
 General Assembly of Maryland, session of 1906, with the duly 
 constituted officers of the Children's Playground Association 
 (Division Eight, United Women of Maryland) may, with the 
 written consent of the said officers, be transferred to and con- 
 tinued in the Children's Playground Association of Baltimore 
 City, a body corporate. 
 
 Hospitals for Infectious Diseases. 
 1902, ch. 36. 
 493d. 'No hospital for the treatment of infectious or con- 
 tagious diseases shall be erected or maintained in the City 
 of Baltimore, nor shall any money be appropriated or used by 
 the Mayor and City Council of Baltimore for the erection and 
 maintenance of any such hospital until the site upon which said 
 hospital is to be located shall first be approved and authorized 
 by an ordinance of the Mayor and City Council of said munici- 
 pality, which said ordinance shall be approved by a vote in each 
 branch of said City Council of not less than two-thirds of all 
 the members elected thereto. 
 
 1902, ch. 36. 
 
 493e. The ordinance providing for the selection of any site 
 shall specify fully and clearly the character of the diseases to 
 be treated in the hospital to be erected thereon, and when said 
 hospital is erected, no other diseases except those specified shall 
 be treated therein unless authorized by an additional ordinance 
 approved in the manner as set forth in section 1 of this Act. 
 
 Sections 493d and 493e, are sections 1 and 2 of Act 1902, ch. 36. 
 
 1902, ch. 348. 
 493f. Whenever in the interest of the public health, the
 
 268 
 
 • 
 
 erection or maintenance of temporary buildings, hospitals or 
 places of detention for the treatment of infectious or con- 
 tagious diseases shall become necessary, such buildings, hos- 
 pitals or places of detention for temporary purposes shall be 
 authorized by an ordinance of the Mayor and City Council 
 of Baltimore, and such ordinance shall name the diseases to be 
 treated and describe the location of said building or buildings, 
 hospital or hospitals, or such places of detention ; provided that 
 nothing in this Act shall be construed to prevent the detention 
 by the health officers of said City of Baltimore of any person 
 or persons that may be suspected of being infected with or 
 having an infectious or contagious disease. 
 
 1898, ch. 362. 
 
 493g. The Mayor and City Council of Baltimore be and 
 they are authorized and empowered hereafter to appropriate, 
 annually, and to give for the use and benefit of the Hospital 
 for Consumptives of Maryland of Baltimore City, any sum 
 or sums of money which they may deem proper; provided the 
 sum shall not exceed four thousand dollars per annum for 
 any one year. 
 
 Infants in Improper Homes or Care. 
 1906, ch. 334. 
 
 493h. No midwife, institution, corporation or home not 
 duly incorporated for such purpose shall receive infants or 
 young children for the purpose of caring for them with a view 
 to compensation without first securing a license from the Board 
 of Health. 
 
 1906, ch. 334, see. 2. 
 
 493i. Before the granting of such a license the Board of 
 Health shall require each application to be endorsed by four 
 reputable citizens and as far as possible thereafter a record 
 shall be kept by the Commissioner of Health containing the 
 full name and address of each infant or child received, the 
 date of its birth, the date of its reception, and in case of a 
 change in address, the date and place of its removal. 
 
 1906, ch. 334, see. 3. 
 
 493j. Before issuing said license the home or institution 
 of each applicant shall be visited by an agent or inspector of 
 the Board of Health, and a full investigation made as to the
 
 269 
 
 sanitary conditions, accommodations, the ability and fitness of 
 the applicant to take charge of such infant or child, and such 
 other information bearing on the subject as may be of value, 
 and that the agent's report and recommendation may be a 
 basis upon which the Board of Health may base its action for 
 granting or rejecting the application for such license. 
 
 1906, ch. 334, sec. 4. 
 
 493k. Any midwife or institution, corporation or person 
 which shall receive or board an infant or small child under 
 three years of age with a view to compensation without first 
 securing such license, shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof shall be fined $25.00 and costs 
 for each and every offence, one-half of the said fine to be paid 
 to the informer, and upon failure to pay the fine imposed and 
 the cost of the proceedings, the person or persons so convicted 
 shall be committed by the Court or Justice who imposed such 
 fine, to the City Jail for a period not less than ten days, nor 
 more than thirty days. 
 
 1906, ch. 334, sec. 5. 
 
 4931. The provisions of this Act shall in no way be regarded 
 as applying to such persons or homes as may be recommended 
 by the Supervisors of City Charities of Baltimore City. 
 
 Act 1906, ch. 334, codified as sections 493h to 4931, inclusive, of the 
 Charter. 
 
 494 — 504. Sections 494 to 504, inclusive, of the Charter 
 were repealed by Act 1902, Chapter 179. 
 
 Seats for Female Employes in Stores or Factories. 
 18S2, ch. 35. P. L. L., (1888) Art. 4, see. 398. 1900, ch. 589. 
 
 505. Every employer of females in any mercantile or man- 
 ufacturing establishment in the City of Baltimore nmst provide 
 and maintain suitable seats for the use of such employes. A 
 person is deemed not to maintain suitable seats for the use of 
 female employes unless he pennits the use thereof by such 
 employes to such extent as may be reasonable for the preserva- 
 tion of health and proper rest ; and the question of what is thus 
 reasonable is one for determination by the jury or the court 
 acting as a jury in any prosecution hereunder. 
 
 1882, ch. 35. P. L. L., (1888) Art. 4, sec. 399. 
 
 506. Any violnti^ni of tlu' ]u-ooo(ling section by any em-
 
 270 
 
 ployer shall be deemed a misdemeanor, and shall be punishable 
 by a fine of one hnndred and fifty dollars, to be collected as 
 other fines are collected. 
 
 Tenement and Lodging Houses. 
 
 1886, ch. 396. P. L. L., (1888) Art. 4, sec. 400. 
 
 507. The Mayor and City Council of Baltimore are auth- 
 orized and directed to enact ordinances regulating the con- 
 struction, care, use and management of tenement houses, lodg- 
 ing houses and cellars in the City of Baltimore, for the better 
 protection of the lives and health of the inmates dwelling 
 
 therein. 
 
 State V. Hymen, 98 Md. 596. 
 
 1886, ch. 396. P. L. L., (1888) Art. 4, sec. 401. 1900, ch. 557. 
 
 1908, ch. 190. 
 
 508. A tenement house shall be taken to mean and include 
 every house, building or portion thereof which is rented, leased, 
 let or hired out to be occupied or is occupied as the house or 
 residence of three or more families, living independently of 
 one another, and doing their own cooking upon the premises, 
 or by more than two families upon a floor so living or cooking, 
 but having a common right in the halls, stairways, yards, 
 water closets or privies, or some of them; a lodging house shall 
 be taken to mean and include any house or building, or portion 
 thereof, in which persons are harbored, or received, or lodged 
 for hire for a single night, or for less than a week at one time, 
 or any part of which is let for any person to sleep in for any 
 time less than a week ; a cellar shall be taken to mean and in- 
 clude every basement or lower story of any building or house 
 of which one-half or more of the height from the floor -to the 
 ceiling is below the level of the street adjoining. 
 
 State Board of Commissioners of Practical Plumbing. 
 1886. ch. 439. P. L. L., (1888) Art. 4, sec. 402. 1894, ch. 609. 
 
 509. It shall not be lawful for any person, firm or corpora- 
 tion engaged in the plumbing business in the City of Baltimore 
 to employ as workmen in said business any persons, except 
 those qualified to work at the plumbing business, as provided 
 in section 511 of this Article; and no person shall be qualified 
 to work at the plumbing business unless he has made applica- 
 tion to and received from the State Board of Commissioners 
 of Practical Plumbing the certificate of competence provided
 
 271 
 
 for in section 511 of this Article, and is otherwise qualified, 
 as required by this sub-division of this Article. Any person 
 or firm engaged in the plumbing business in the City of Balti- 
 more, and the superintendent, manager, agent or other officer 
 of any corporation, engaged in the plumbing business in the 
 City of Baltimore, who shall employ any person to work at 
 the plumbing business not qualified as required by this sub- 
 division of this Article shall be guilty of a misdemeanor, and 
 upon conviction thereof shall be fined not less than ten dollars 
 nor more than fifty dollars for every day or part of every day 
 that such employer shall employ such workman. 
 
 Singer v. State, 72 Md. 464. Davidson v. State, 77 Md. 388. State v. 
 Knowles, 90 Md. 657. 
 
 1886, ch. 439. P. L. L., (1888) Art. 4, sec. 403. 1894, ch. 609. 
 
 510. If any person shall w^ork at the plumbing business in 
 the City of Baltimore without being qualified as required by 
 this sub-division of this Article he shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall be fined not 
 less than five dollars nor more than fifty for every day or part 
 of every day that such workman shall work at the plumbing 
 business. 
 
 Singer v. State, 72 Md. 464. Davidson v. State, 77 Md. 388. 
 
 1886, ch. 439. P. L. L., (1888) Art. 4, sec. 404. 
 
 511. The Governor shall appoint biennially five persons, who 
 shall constitute a Board of Commissioners, which shall be 
 known and designated as "The State Board of Commissioners 
 of Practical Plumbing," and who shall be selected as follows: 
 Three persons who are practical and skilled plumbers from 
 the City of Baltimore, the Commissioner of Health of Balti- 
 more City, and a member of the State Board of Health, from 
 the State at large, whose duty it shall be to faithfully and im- 
 partially execute, or cause to be executed, all the provisions 
 and requirements of this and the two preceding sections ; upon 
 application and in such manner and at such place as they may 
 determine, provided said place of examination shall be within 
 the limits of the City of Baltimore, they shall examine each and 
 every person who shall desire to work at the phiiiihnig business, 
 touching his competency and qualifications ; and upon being 
 satisfied that the person so examined is competent and quali- 
 fied to work at said business, they, or any three of them, shall 
 grant such person a certificate of competency, and register him 
 in their books as a practical plimibcr, which shall operate as
 
 272 
 
 full authority to him to conduct and engage in the said business 
 
 of plumbing. 
 
 Davidson v. State, 77 Md. 388. 
 
 1886, ch. 439. P. L. L., (1888) Art. 4, sec. 405. 
 
 512. The said Board of Commissioners shall demand and 
 receive from each applicant for a certificate of competency 
 whom they examine and pass the sum of three dollars at the 
 time of the issuance of said certificate, and the sum of one dollar 
 for the renewal thereof each and every year thereafter, on or 
 before the first day of May. 
 
 Davidson v. State, 77 Md. 388. 
 
 1886, ch. 439. P. L. L., (1888) Art. 4, sec. 406. 
 
 513. The money received under the provisions of the fore- 
 going section shall be used and applied by said Commissioners 
 to defray their expenses, and all surplus over and above their 
 necessary expenses shall be returned to the State Treasurer 
 for the use of the State. 
 
 Davidson v. State, 77 Md. 388. 
 
 1886, ch. 439. P. L. L., (1888) Art. 4, sec. 407. 1894, ch. 609. 
 
 1904, ch. 636. 
 
 514. Said Commissioners shall hold their several offices for 
 the period of two years, commencing from the first day of May 
 in the year 1886, and thereafter until their successors have been 
 appointed and qualified; each Commissioner, within thirty 
 days after notification of his appointment, shall take and sub- 
 scribe an oath or affirmation before the Clerk of the Superior 
 Court of Baltimore City to impartially and faithfully discharge 
 his duties as Commissioner; every person appointed Commis- 
 sioner who shall refuse or neglect to take the oath or affirma- 
 tion provided for in this section, within the period named, shall 
 be deemed to have refused said office, and the Governor shall 
 immediately appoint some person qualified, as provided in 
 section 511 of this Article, to fill the vacancy thus created; 
 each of said Commissioners shall receive the sum of five dollars 
 for every day that he shall be present at a meeting of said 
 Board for the transaction of business, provided, however, that 
 in each year he shall not receive compensation for more than 
 thirty days; and provided also, that said compensation shall 
 be paid out of the fees or other sums received by said Board. 
 
 Davidson v. State, 77 Md. 388.
 
 273 
 
 • 1886, ch. 439. P. L, L., (1888) Art. 4, sec. 408. 
 
 515. The said Board of Commissioners are empowered to 
 make such rules and regulations from time to time as in their 
 judgment they may deem necessary and requisite; and they 
 shall make a report of the condition of the Board to the Gover- 
 nor biennially, on or before the first day of February, with a 
 full statement of their receipts and expenditures. 
 
 HORSESHOEING. 
 
 1898, ch. 491. 
 
 515a. It shall be unlawful for any person to practice horse- 
 shoeing in the City of Baltimore or in the twelfth district of 
 Baltimore County, unless such person has obtained a certificate 
 and has been duly registered as hereinafter provided. 
 
 Board of Examiners of Tlorseshoers. 
 
 1898, ch. 491. 
 
 515b. A ''Board of Examiners for Horseshoers" is created, 
 which shall consist of five members, one of whom shall be doing 
 business as veterinarian only, two master horseshoers and two 
 journeymen horseshoers, all doing business in Baltimore City, 
 whose duty it shall be to carry out the purposes and enforce 
 the provisions of this Act. The members of said Board shall 
 be appointed by the Governor, and the term for which they shall 
 hold office shall be for four years, except that the members of 
 said Board to be first appointed under this Act shall be desig- 
 nated by the Governor to serve one for two years, two for three 
 years and two for four years, and unless removed by the Gov- 
 ernor, until their successors are duly appointed. Any vacancy 
 in said Board, for any cause, shall be filled by the Governor, 
 
 1898, ch. 491. 
 
 515c. Said Board shall meet in the month of May next after 
 the passage of this Act, and organize by the election of a presi- 
 dent and secretary, and thereafter shall hold regular meetings 
 in the months of May and November in every year, and such 
 special meetings for the examinations of persons desiring to 
 practice horseshoeing, as occasion may require ; that they shall 
 pass such by-laws and prescribe such rules and regulations as 
 may be necessary to carry into effect the provisions of this Act ; 
 and said Board shall at its first meeting, prescribe and clearly 
 define the qualifications and tests necessary to obtain a certifi- 
 cate as master or journeyman horseshoer. Printed copies of
 
 274 
 
 such requirements shall be furnished to all persons desiring to 
 pass an examination for said certificate, and any person who 
 shall, on examination be found by a majority of said Board to 
 possess the said requirements so prescribed, shall be granted a 
 certificate to that effect on the pa^nnent to said Board of a 
 fee of two dollars ; and all proceedings of said Board shall be 
 open to public inspection. 
 
 1898, ch. 491. 
 
 515d. Any person who has practiced as a master or journey- 
 man horseshoer in the City of Baltimore or the twelfth dis- 
 trict of Baltimore County, for three years prior to the passage 
 of this Act, who will file an afiidavit to that effect with said 
 Board, shall be entitled to a certificate without examination, on 
 the payment of a fee of twenty-five cents to said Board ; or any- 
 one who has a certificate from any duly constituted examining 
 board of the State of Maryland, or of any other State, that he is 
 a competent master or journeyman horseshoer, on filing and 
 registering said certificate or a copy thereof with said Board, 
 shall be entitled to a certificate from said Board without an 
 examination, on payment of a fee of two dollars, but, that after 
 the passage of this Act, no person who has not served an ap- 
 prenticeship at horseshoeing for a period of three years shall 
 be entitled to an examination for said certificate. 
 
 1898, ch. 491. 
 
 515e. All 'certificates issued by said Board shall be signed 
 by its officers and bear its seal, and the secretary of said Board 
 shall keep a book in which all certificates so issued and the 
 names of the persons to whom the same shall have been issued 
 shall be duly registered, and a transcript from said book of 
 registration, certified by the secretary, with the seal of the 
 Board, shall be evidence in any court in the State, and said 
 secretary shall furnish to any one a copy of his certificate on pay- 
 ment of the sum of one dollar. 
 
 1898, ch. 491. 
 
 515f. Any person w^ho shall violate any of the provisions 
 of this Act shall be guilty of a misdemeanor, and upon the 
 conviction thereof in any court having criminal jurisdiction, 
 shall be fined not more than twenty-five dollars or be confined 
 in the Baltimore City jail or Baltimore County jail, not more 
 than one month, in the discretion of the court. All fines re- 
 ceived under this Act shall be paid into the common school
 
 275 
 
 fund of the City of Baltimore, or of Baltimore County, if the 
 offence shall have been committed in said county. The pro- 
 visions of this Act shall not interfere with the right of the 
 owners of horses to have them shod at their own shops. 
 
 HOUKS OF LABOK AND WAGES. 
 
 p. L. L., (1888) Art. 4, sec. 31A. 1898, cli. 458. 1908, ch. 85. 1910, ch. 
 
 94, sec. 2. 
 
 516. That eight hours shall constitute a day's work for all 
 laborers, workmen or mechanics who may be employed by or on 
 behalf of the Mayor and City Council of Baltimore, except in 
 cases of extraordinary emergency, which may arise in time of 
 war or in cases where it may be necessary to work more than 
 eight hours per calendar day for the protection of property or 
 human life ; provided, that in all such cases the laborer, work- 
 man or mechanic so employed and working to exceed eight hours 
 per calendar day shall be paid on the basis of eight hours con- 
 stituting a day's work; provided further, that the rate of per 
 diem wages paid to laborers, workmen or mechanics employed 
 directly by the Mayor and City Council of Baltimore shall not 
 be less than two dollars per diem; provided further, that not 
 less than the current rate of per diem wages in the locality 
 where the work is performed shall be paid to laborers, work- 
 men or mechanics employed by contractors or sub-contractors in 
 the execution of any contract or contracts, in any public work 
 within the City of Baltimore. 
 
 1910, ch. 94, sec. 3. 
 
 516a. That all contracts hereafter made by or on behalf 
 of the Mayor and City Council of Baltimore with any person 
 or persons or corporation, for the performance of any work with 
 the City of Baltimore, shall be deemed and considered as 
 made upon the basis of eight hours constituting a day's work, 
 and it shall be unlawful for any such person or persons or cor- 
 poration to require or permit any laborer, workman or me- 
 chanic to work more than eight hours per calendar day in 
 doing such work, except in the cases and upon the conditions 
 provided in section 2 of this Act. 
 
 1910, ch. 94, sec. 4. 
 
 516b. That any officer of the Mayor and City Council of 
 Baltimore, or any person acting under or for such officer, or 
 any contractor or sub-contractor or other person acting for thein, 
 violating any of the provisions of this Act, shall for each and
 
 276 
 
 every offense be fined not less than ten dollars nor more than 
 fifty dollars for each and every offense, one-half of such fine 
 to go to the informer ; said fines to be collected as other fines are 
 collected by lavr. 
 
 1910, ch. 94, sec. 5. 
 516c. That the provisions of this Act should not apply to 
 the employees of the Fire Department, Bay View Asylum or 
 the Baltimore City Jail. 
 
 HOUSES OF KEFUGE AND REFORMATION. 
 
 1878, ch. 267. 1880, cli. 111. 1880, ch. 323. 1890, ch. 61. 1890, ch. 392. 
 
 P. L. L., (1888) Art. 4, sec. 410. 1902, ch. 391. 1906, ch. 
 
 469. 1908, ch. 246. 1910, ch. 271. 1912, ch. 332. 
 
 517. The Mayor and City Council of Baltimore may an- 
 nually appropriate a sufiicient sum of money to pay for the sup- 
 port and maintenance of each minor committed from the City 
 of Baltimore by legal process, not exceeding $120.00 per an- 
 num for each minor so committed to the following reforma- 
 tories : Maryland School for Boys, St. Mary's Industrial 
 School, Colored House of Reformation, House of Good Shep- 
 herd for Colored Girls, Industrial Home for Colored Girls, 
 and to any other reformatories to which such minors may be 
 so committed; and may appropriate in conformity with the 
 requirements of sections 105-107 of this Article annually, a 
 sum of money not exceeding five thousand dollars ($5,000) 
 to the Boys' Home Society of Baltimore City, and annually 
 a sum of money not exceeding ten thousand dollars ($10,000) 
 to the Female House of Refuge; and St. Vincent's Male Or- 
 phan Asylum of Baltimore City any sum now due said institu- 
 tion for care of destitute or other minors committed by the 
 Court or other police magistrates to its care, or who may here- 
 after be committed, not exceeding the sum of ten thousand dol- 
 lars per year, and the said Mayor and City Council of Balti- 
 more are further authorized and empowered to appropriate 
 for repairs, permanent improvements and additions to the 
 buildings and grounds now used or hereafter to be used by the 
 Maryland School for Boys and its successors, an additional sum 
 or sums of money as in their judgment shall from time to time 
 be required for those purposes. 
 
 The Female House of Refuge stands in loco parentis to the inmates 
 thereof. As to rights of such inmates, see. 
 
 Cole V. Female House of Refuge, Daily Record, December 20, 1895. 
 
 Funds of CharitaUe Institutions: Are not liable to the payment of 
 damages, being regarded as trust funds, and as such not liable in an 
 action for damages.
 
 277 
 
 Turner v. Baltimore Huiuaue aud Impartial Society, Daily Record, 
 December 17, 1901. 
 
 The Act 1906, ch. 146, appropriated $50,000 for the improvement of 
 a tract of laud near Loch Kaveu, Baltimore County, by the erection of 
 additional buildings for the House of Refuge and the equipment of 
 same. The Act 1906, ch. 522, appropriated a similar sum for a like 
 pui'pose to St. Mary's Industrial School. 
 
 1908, ch. 132. 
 
 517A. The Major and City Council of Baltimore are further 
 authorized and empowered to appropriate for repairs, perma- 
 nent improvements and additions to the buildings and grounds 
 now used or hereafter to be used by the Female House of 
 Refuge and its successor such additional sum or sums of money 
 as in their judgment shall from time to time be required for 
 those purposes. 
 
 1908, ch. 499. 
 
 517B. The Mayor and City Council of Baltimore are further 
 authorized and empowered to appropriate for repairs, perma- 
 nent improvements and additions to the buildings and grounds 
 now used or hereafter to be used by the Saint Mary's Industrial 
 School for Boys of the City of Baltimore and its successors, such 
 additional sum or sums of money as in their judgment shall 
 from time to time be required for those purposes. 
 
 1910, ch. 169. 
 
 517C. The Mayor and City Council of Baltimore are further 
 authorized and empowered to appropriate for the furtherance 
 and support of the prison reform and relief work of the Pris- 
 oners' Aid Association of Maryland such sum or suras ot money 
 not exceeding the sum of live thousand dollars per annum, as 
 in their judgxaent shall from time to time be required for those 
 purposes. 
 
 1914, ch. 520. 
 
 517C. The Mayor and City Council of Baltimore are 
 further authorized and empowered to appropriate for repairs, 
 permanent improvements and additions to the buildings and 
 grounds now used or hereafter to be used by the IsTational Junior 
 Republic, and its successors, such additional sum or sums of 
 money as in their judgment shall from time to time be re(iuircd 
 for those purposes; and the Mayor and City Council of Balti- 
 more are further authorized and empowered to pay to tlie iVa- 
 tional Junior Republic the sum of $500, carried forward on the 
 books of the Comptroller of Baltimore City to the credit of tlio 
 National Junior Republic from the appropriation in the Ordi-
 
 278 
 
 nance of Estimates for the .year 1912 and a like sum of $500, 
 carried forward on the books of the Comptroller of Baltimore 
 City from the appropriation to the N^ational Junior Republic 
 in the Ordinance of Estimates for the year 1913, making a 
 total of $1,000, the said $1,000 being carried forward to be paid 
 to the National Junior Republic for repairs, permanent im- 
 provements and additions to its buildings and grounds, subject 
 to ratification by the General Assembly of Maryland. 
 
 190S, ch. 458. 
 517d. That the Mayor and City Council of Baltimore City 
 are hereby authorized and empowered to appropriate annually 
 towards the current expenses of "The Home for Fallen Women 
 of Baltimore City," any sum or sums of money, not exceeding 
 fifteen hundred dollars per annum, 
 
 1908, ch. 474. 
 517e. That the Mayor and City Council of Baltimore City 
 are hereby authorized and empowered to appropriate annually 
 towards the current expenses of "The Florence Crittenden 
 Mission of Baltimore City" any sum or sums of money not 
 exceeding fifteen hundred dollars per annum. 
 
 1912, ch. 356. 
 517f. That all legacies now existing or hereafter given by 
 persons dying, after the date of this act, and all appropriations 
 made or hereafter to be made by the General Assembly of Mary- 
 land, or by the Mayor and City Council of Baltimore, and 
 intended for The Exeter Street Rescue Home for Women, but 
 given or made by its former name of The Home for Fallen 
 Women of Baltimore City instead of its present name, shall 
 remain and inure to the benefit of The Exeter Street Rescue 
 Home for Women. 
 
 1878, ch. 442. P. L. L., (1888) Art. 4, sec. 411. 
 
 518. The Judge of the Criminal Court of Baltimore, the 
 President of the Board of Police Commissioners, and the 
 Marshal of the Police of the City of Baltimore, shall, at such 
 times as they may think proper, visit and inspect the House 
 of Good Shepherd. 
 
 IMMIGRANTS. 
 
 1832, ch. 203. 1833, ch. 177. 1834, ch. 34. 1841, ch. 174. 1839, ch. 46. 
 P. L. L., (1860) Art. 4, sec. 250. P. L. L., (1888) Art. 4, sec. 412. 
 
 519. The master or commander of any vessel arriving from 
 a foreign country or from any other of the United States, who 
 
 I I
 
 279 
 
 shall enter said vessel at the custom house in the City of Balti- 
 more, shall within twenty-four hours after such entry, make a 
 report in writing on oath to the Mayor of said city, of the 
 name, age and occupation of every alien who shall have been 
 brought or carried as passenger in such vessel on that voyage, 
 upon pain of forfeiture, for every neglect or omission to make 
 such report, of the sum of twenty dollars for every such passen- 
 ger neglected or omitted to be so reported. 
 See note, Baltimore City Code (1879), page 471. 
 
 P. L. L., (18G0) Art. 4, sec. 251. P. L. L., (1888) Art. 4, sec. 413. 
 
 520. The Mayor, or other person discharging the duties of 
 his office, shall require the owner or consignee of every vessel 
 arriving from a foreign country, or from any other of the United 
 States, which shall be entered in said custom-house, upon pain 
 of forfeiture to the Mayor and City Council of Baltimore, of 
 twenty dollars for every neglect or omission to give a several 
 bond to the State of Maryland in the penalty of three hundred 
 dollars, for each passenger included in the report of the master 
 or commander of such vessel directed to be made by the pre- 
 ceding section, and conditioned to indemnify and save harm- 
 less each and every city, town and county in this State, from any 
 cost which such city, town or county shall incur, for the relief or 
 support of the person named in the bond, within five years from 
 the date of the bond, and also to indemnify and refund any 
 charge or expense such city, town or county may necessarily 
 incur for the support or medical care of the person named 
 therein, if received into the almshouse or hospital or any other 
 institution under their care. 
 
 P. L. L., (I860) Art. 4, sec. 252. P. L. L., (1888) Art. 4, sec. 414. 
 
 521. Every such bond shall be signed by two or more suffi- 
 cient .securities, residents of the State of Maryland, each of 
 whom shall prove, by oath or otherwise, that he is owner of a 
 freehold in said State of the value of three hundred dollars 
 over and above all claims or liens thereon or against him, in- 
 cluding any contingent claim which may accrue from or upon 
 any former bond given under the provisions of this sub-division 
 of this Article. 
 
 p. L. L., (1860) Art. 4, sec. 258. P. L. L., (IRSS) Art. 4, sec. 415. 
 
 522. If the principal in said bond choose, instead of tlie 
 sc(;ui-ity required in the preceding sections, ho may secure said 
 b(jnd by mortgage of real estate, or by the pledge and transfer of
 
 280 
 
 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. 
 
 P. L. L., (I860) Art. 4, sec. 254. P. L. L., (1888) Art. 4, sec. 416. 
 
 523. Any security, whether real or personal, offered by such 
 owner or consignee, shall first be approved by the Mayor of 
 the city. 
 
 P. L. L., (1860) Art. 4, sec. 255. P. L. L., (1888) Art. 4, sec. 417. 
 
 524. The owner or consignee of any vessel may at any 
 time within three days after the landing of such passengers, 
 commute for the bond hereinbefore required, by paying to the 
 City Register the sum of one dollar and fifty cents for each 
 and every passenger reported as hereinbefore required by this 
 sub-division of this Article, and the receipt of such sum by the 
 City Register shall be deemed a full and sufficient discharge 
 from the requirement of giving such bond. 
 
 P. L. L., (1860) Art. 4, sec. 256. P. L. L., (1888) Art. 4, sec. 418. 
 
 525. If any alien passenger in such vessel shall be suffered 
 to land therefrom at any place within the distance of fifty miles 
 from said city, with the intent to proceed thereto otherwise 
 than in said vessel, the master or commander thereof shall for- 
 feit and pay for every such person the sum of one hundred dol- 
 lars, unless within forty-eight hours after the entry of the vessel, 
 the owner or consignee shall give bonds or pay the commutation 
 money aforesaid. 
 
 P. L. L., (1860) Art. 4, sec. 257. P. L. L., (1888) Art. 4, sec. 419. 
 
 526. All or any of the said penalties and forfeitures, as well 
 as the said commutation money, may be sued for in the name 
 of the Mayor and City Council of Baltimore, before any Justice 
 of the Peace, in the same manner and subject to the same rules 
 and process, and the right of appeal as provided in cases of 
 small debts. 
 
 P. L. L., (1860) Art. 4, sec. 258. P. L. L., (1888) Art. 4, sec. 420. 
 
 527. ' 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.
 
 281 
 
 P. L. L., (1860) Art. 4, sec. 259. P. L. L., (1888) Art. 4, sec. 421. 
 
 528. The Mayor and Register shall pay over to the Super- 
 visors of City Charities, semi-annually, three-fifths of all sums 
 of money arising from commutation by owners or consignees 
 of vessels as aforesaid, which shall be appropriated by said trus- 
 tees to the use of the City of Baltimore, for the purpose of 
 supporting the foreign paupers of the said city, and the re- 
 maining two-fifths shall be paid to the Hibernian Society of 
 Baltimore, and the German Society of Maryland, in the pro- 
 portions mentioned in the next succeeding section. 
 
 P. L. L., (1860) Art. 4, sec. 260. P. L. L., (1888) Art. 4, sec. 422. 
 
 529. All money received by the Mayor or Register for penal- 
 ties and forfeitures imposed by this sub-division of this Article 
 shall be distributed and paid by the Mayor and City Council 
 as follows : two-fifths thereof to the German Society of Mary- 
 land, and the Hibernian Society of Baltimore to be divided 
 between them as follows: to the German Society in propor- 
 tion to the amount received from and on account of German 
 and Swiss passengers, and to the Hibernian Society in propor- 
 tion to the amount received from and on account of Irish pas- 
 sengers ; and the remaining three-fifths to the Supervisors of 
 City Charities. 
 
 P. L. L., (1860) Art. 4, sec. 261. P. L. L., (1888) Art. 4, sec. 423. 
 
 530. The City Register shall be entitled to two per centum 
 upon the amount of money collected under this sub-division 
 of this Article. 
 
 P. L. L., (1860) Art. 4, sec. 262. P. L. L., (1888) Art. 4, sec. 424. 
 
 531. Nothing contained in the twelve next preceding sections 
 shall be deemed to extend to any ambassadors, ministers, consuls 
 or agents of foreign governments arriving as passengers in the 
 port of Baltimore. 
 
 INSPECTIONS, WEIGHTS AND MEASURES. 
 
 Barrels. 
 
 1890, ch. .",32, sec. 1. P. G. L., (1904) Art. 97, sec. 27. 1906, cli. 331. 
 
 532. The standard barrel for the measurement of all green 
 peas or beans in the hull, which are sold by the bushel, shall be 
 of the following dimensions, namely: diameter of said barrel 
 at the top shall be eighteen and three-fourths inches inside the 
 staves; the diameter at the bottom inside the staves sliall be six- 
 teen and oiio-fonrtli inclics; and the deptli of said barrel shall
 
 282 
 
 be twenty-six inches inside; and to contain in all six thousand 
 two hundred and fifty-three and three-fourths cubic inches, meas- 
 urement by said barrel to be struck measure. 
 
 1890, ch. 332, sec. 2. 1892, ch. 486. P. G. L., (1904) Art. 97, sec. 27. 
 
 1906, ch. 331. 
 
 533. The dimensions of any barrel so used shall be stamped 
 by the inspector of weights and dry measures of the City of 
 Baltimore upon the same, in three conspicuous places, and any 
 person using a barrel for the measurement of peas, beans and 
 like farm products when sold by the bushel, without being so 
 stamped, shall be fined not less than one hundred dollars, or 
 more than five hundred dollars ; said fine to be collected as other 
 fines are now collected. 
 
 Note provisions of Act, 1906, ch. 331. 
 
 1892, ch. 486. 
 
 534. It shall be the duty of said Inspector of Weights and 
 Measures and any measurer of the City of Baltimore, from time 
 to time to inspect the barrels used for the measurement of said 
 peas, beans and other farm products, and to see that the pro- 
 visions of this sub-division of this Article are complied with ; 
 and upon the conviction of any person or corporation under the 
 provisions of this sub-division of this Article, one-half of the 
 fine imposed shall be paid to said Inspector of Weights and 
 Measures of the City of Baltimore. 
 
 COAL. 
 
 1880, ch. 382. P. L. L., (1888) Art. 4, sec. 428. 1912, ch. 838. 
 
 535. Every person, firm or corporation dealing in or selling 
 mineral coal or coke within the City of Baltimore, and every 
 person, firm or corporation owning, occupying, leasing or main- 
 taining yards or wharves used for the sale, storage or handling of 
 coal or coke in said city, shall maintain scales of suitable 
 capacity within or adjacent to said yards or wharves. Any 
 violation of the provisions of this section shall be a misdemeanor 
 and shall be punishable by a fine of not more than $10.00 for 
 each and every day that said violation shall continue. 
 
 1880, ch. 382. P. L. L., (1888) Art. 4, sec. 429. 1912, ch. 838. 
 
 536. Every person, firm or corporation dealing in or selling 
 mineral coal or coke within the City of Baltimore shall cause all 
 coal or coke so sold to be weighed upon the scales maintained in 
 accordance with the provisions of the preceding section. Any
 
 283 
 
 violation of the provisions of this section shall be a misdemeanor 
 and shall be punishable by a fine not exceeding $25.00 for each 
 and every cart, wagon or other load of said coal or coke sold 
 without such weighing. 
 
 ISSO, ch. 382. p. L. L., (1888) Art. 4, sec. 430. 1912, ch. 838. 
 
 537. It shall be the duty of any police officer of Baltimore 
 City on demand of the purchaser made prior to the unloading 
 of the cart, wagon or other vehicle in which coal or coke is de- 
 livered to said purchaser, or whenever such police officer has 
 reason to believe that any cart, wagon or other vehicle containing 
 coal or coke contains a less weight than that stated upon the 
 card or ticket hereinafter in the next succeeding section pro- 
 vided for, to take such cart, wagon or other vehicle to the 
 nearest or most convenient State, city or available private scale 
 and have it weighed ; and it shall be the duty of the party so 
 weighing to give a written certificate of the weight. No addi- 
 tional charge shall be made for hauling coal or coke to any scales 
 to be weighed. Any violation of the provisions of this section 
 and any refusal of any driver or owner of any cart, wagon or 
 other vehicle to take such cart or other vehicle to such scales to 
 be weighed as aforesaid, and any delivery or attempt to deliver 
 a weight of coal or coke less than that indicated upon the face of 
 the card or ticket hereinafter in the next succeeding section 
 provided for shall be a misdemeanor, and shall be punishable by 
 a fine not exceeding the sum of $50.00 for each and every 
 offense; provided, however, that in all weighings made under 
 the provisions of this section, three per centum of the net weight 
 shall be allowed for variation of scales, and provided further 
 that whenever such weighing is made upon a private scale, and 
 said load is found to be under weight, the seller of such coal or 
 coke shall be notified before said load is dumped, and shall have 
 the right to demand that said coal or coke shall be reweighed 
 upon a State or city scale. 
 
 1880, ch. 382. P. L. L., (1888) Art. 4, sec. 431. 1900, ch. 524. 
 
 1912, ch. 838. 
 
 538. It shall be the duty of every seller of coal or coke to 
 send with each and every load of coal or coke sold by him a card 
 or ticket which shall indicate on its face in plain characters the 
 seller's name, the date, the weight of coal or coke contained in 
 the cart, wagon or other vehicle in which it is beiug transported, 
 and any violation of the provisions of this section on the part of 
 any seller of coal or coke shall be a misdemeanor and punishable 
 by a fine of not more than $10,00 for each and every offense.
 
 284 
 
 1880, ch. 382. 1912, ch. 838. 
 
 539. A compensation of twenty-five cents shall be paid per 
 ton to the parties weighing the coal or coke under the foregoing 
 sections, said sum for weighing to he paid by the seller if the 
 coal or coke is deficient in weight, otherwise to be paid by the 
 purchaser ; if said coal is ordered weighed by a policeman, and 
 there be found no deficiency, the cost of weighing shall be paid 
 by the Comptroller of Baltimore City. 
 
 1900, ch. 650. 1912, ch. 838. 
 
 539A. The Board of Police Commissioners shall from time 
 to time detail police ofiicers for such time and in such number, 
 not exceeding one for each of the eight districts of the City of 
 Baltimore, as the marshal of police shall deem necessary. Such 
 policemen shall be charged with the duty of enforcing the pro- 
 visions of this sub-division for the benefit of the public, and 
 specially watching the delivery of mineral coal or coke by carts, 
 wagons or other vehicles, and shall be empowered with authority 
 to weigh any cart, wagon or other vehicle loaded with coal or 
 coke at any time he may elect to do so. 
 
 1880, ch. 382. P. L. L., (1888) Art. 4, see. 433. 1912, ch. 838. 
 
 540. The provisions of this sub-division of this Article shall 
 not apply to the sale of coal or coke by the single bushel, half- 
 bushel or peck, nor to sales of coal or coke by manifest weight 
 in car or cargo lots. All penalties provided for in this sub- 
 division of this Article when recovered shall be paid to the 
 Comptroller of Baltimore City. 
 
 GAS METEKS. 
 
 1876, ch. 356. P. L. L., (1888) Art. 4, sec. 434. 
 
 541. It shall be the duty of every gas company manufactur- 
 ing, furnishing and selling gas in the City of Baltimore, to place 
 upon the premises of every consumer using gas, a correct appa- 
 ratus or meter for registering the consumption of the same, and 
 it shall be the duty of the company to see that said apparatus or 
 meter is kept in proper working order and condition. 
 
 Blondell v. Consold. Gas Co., 89 Md. 744. 
 
 1876, ch. 356. P. L. L., (1888) Art. 4, sec. 435. 
 
 542. It shall not be lawful for said company, under any 
 circumstances, to charge or collect for any greater amount of gas 
 than is registered by said apparatus or meter.
 
 285 
 
 1876, ch. 356. P. L. L., (1SS8) Art. 4, sec. 4.36. 
 
 543. Any consumer may, at any time, cause said apparatus 
 or meter to be tested by tlie Superintendent of Lamps and Light- 
 ing or one of his assistants, who shall make said test in the 
 presence of the consumer and of an agent of the gas company, 
 by which the gas may be supplied, if desired, and shall furnish 
 to the consimier a certificate under oath of the true condition and 
 working of said apparatus or meter; and if it shall be found, 
 upon any such test, that said apparatus or meter is registering 
 gas in favor of said company, then, in the absence of any fraud 
 upon the part of the consumer, the said company shall refund to 
 the consumer an amount in lawful money equal to the percentage 
 that the said apparatus or meter has been registering too fast, 
 upon the bills of said consumer, registered by said apparatus or 
 meter, for the four months next preceding the said test, unless 
 the said company can prove that such inspection and certificate 
 do not show the correct result ; and in case such refunding does 
 take place, the said company shall also pay the expenses incurred 
 in making said test. 
 
 GAUGEKS OF CASKS AISTD LIQUOKS. 
 
 1872, ch. 264, sec. 1. P. L. L., (1888) Art. 4, sec. 437. 
 
 544. Any citizen of the State of Maryland, on application to 
 the Clerk of the Court of Common Pleas in the City of Balti- 
 more, and on paying one hundred dollars to the said clerk, shall 
 be entitled to receive a license to act as ganger of casks and 
 liquors, for the term of one year from the date thereof. The 
 person applying for said license shall, at the time of receiving 
 the same, take and subscribe before said clerk, an oath that he 
 will honestly and faithfully discharge the duties of said office. 
 
 1872, ch. 264, sec. 2. P. L. L., (1888) Art. 4, sec. 438. 
 
 545. No person engaged in vending or trading in or manu- 
 facturing casks or liquors individually, or as a partner, or as 
 agent, clerk or employee of a trader, vender or manufacturer of 
 said articles, or either of them, or any commissioned officer, shall 
 be licensed to act as ganger of casks and liquids. 
 
 1872, ch. 264, sec. 3. P. L. L., (1S8S) Art. 4, sec. 439. 
 
 546. Any person may sell, export or otherwise dispose of any 
 foreign or domestic liquors in casks, without having the same 
 gauged by a licensed gauger, but in cases of difference between 
 the buyer and scllor iis to the quantity, either party may call in a 
 gauger, and his judgment shall bind the parties.
 
 286 
 
 1872, ch. 264, sec. 4. P. L. L., (1888) Art. 4, sec. 440. 
 
 547. The gangers shall procure and use a correct set of 
 gauging instruments, and as soon as they have ascertained the 
 capacity of any cask they shall distinctly mark with marking 
 irons the capacity on the bilge near the bung, and prefix the 
 letter M., for the State of Maryland, and the first letter of the 
 surname of the ganger who does the gauging; and any cask 
 containing such liquor, to be merchantable, must be round at 
 the bilge and heads, the staves thereof to be seasoned white oak, 
 free from any injurious portion of sap-wood, and not less than 
 half an inch thick at the thinest part, and not more than 
 three-quarters of an inch at the thickest part, and to be tight and 
 secured with a sufiicient number of good hoops ; if of iron, six ; 
 and if of wood, not less than twelve ; and at least not less than 
 twelve on all double barrels and hogsheads ; and if any cask con- 
 taining 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 fraudulently made, the owner or 
 seller thereof, or his agent, shall forfeit the cask to the use of 
 the State. 
 
 1872, ch. 264, sec. 5. P. L. L., (1888) Art. 4, sec. 441. 
 
 548. The said gangers, in order to ascertain the capacity of 
 casks, shall conform to the Baltimore standard of wine measure ; 
 and if any cask or vessel gauged or marked by said ganger shall 
 in its capacity be found lacking or exceeding one or more gallons 
 in a cask of a larger size, the gauger shall forfeit and pay two 
 dollars for each gallon so lacking or exceeding the number of 
 gallons marked by him on the cask. 
 
 1872, eh. 264, sec. 6. P. L. L., (1888) Art. 4, sec. 442. 
 
 549. If any person shall alter any mark, or number marked 
 or set down by any gauger, thereby to deceive and defraud the 
 purchaser of distilled spirits, wine, molasses or other liquid 
 merchandise so gauged and marked, or shall put any false mark 
 or number on said cask, or upon any certificate intended to coun- 
 terfeit the mark or number of the gauger, he shall forfeit and 
 pay twenty dollars for every offence, one-half to the informer 
 and the other half to the use of the State. 
 
 1872, ch. 264, sec. 7. P. L. L., (1888) Art. 4, sec. 443. 
 
 550. Every gauger so licensed shall be entitled to demand 
 and receive from the person at whose request he shall gauge any
 
 287 
 
 cask, the following fees, to wit : For gauging casks not exceeding 
 forty gallons, ten cents per cask ; for casks of larger size, fifteen 
 cents. 
 
 1872, ch. 264, sec. 8. P. L. L., (1888) Art. 4, sec. 444. 
 
 551. Any person not being properly licensed, who shall act 
 as ganger, or being so licensed shall act as said ganger outside 
 the limits of the said city, shall forfeit and pay to the Sheriff of 
 the city the sum of three hundred dollars ; said penalty to be 
 imposed as a fine by the Criminal Court, on presentment and 
 indictment by the Grand Jury and conviction in due course of 
 law, and one-third of the penalty shall be paid by the Sheriff to 
 the informer, and the residue shall be accounted for by the 
 Sheriff to the treasury as other fines ; if any person so licensed 
 shall be guilty of a fraud by reason of collusion with any parties, 
 he shall be deemed guilty of misdemeanor, and shall, on present- 
 ment and indictment therefor, and conviction thereof, forfeit 
 and pay a fine of not less than five hundred dollars or more than 
 one thousand dollars for every such offence, or be imprisoned, in 
 the discretion of the court, for a time not exceeding three years, 
 or both, and shall also be liable in damages at the suit of the 
 party aggrieved. 
 
 HAY AN^D STKAW. 
 
 p. L. L., (1860) Art. 4, sec. 410. 1864, ch. 339. 1867, ch. 381. 
 P. L. L., (1888) Art. 4, sec. 470. 
 
 552. The Governor, by and with the advice and consent of 
 the Senate, shall biennially appoint four inspectors of hay and 
 straw for the City of Baltimore. 
 
 P. L. L., (1860) Art. 4, sec. 411. P. L. L., (1888) Art. 4, sec. 471. 
 
 553. Each of said inspectors shall give bond to the State of 
 Maryland, in the sum of two thousand dollars, for the true and 
 faithful performance of the duties of his office. 
 
 P. L. L., (1860) Art. 4, sec. 412. 1861, ch. 35. 1867, ch. 381. 
 P. L. L., (1888) Art. 4, sec. 472. 1896, ch. 375. 
 
 554. All hay and straw brought to the City of Baltimore 
 may be weighed at the State hay scales as now established by 
 law, by one of the inspectors, at the rate of one hundred pounds 
 to the hundredweight, making a reasonable allowance for the 
 moisture thereof, as well as the mud or other substance attached 
 to the wagon, cart or sled containing the same.
 
 288 
 
 P. L. L., (1860) Art. 4, sec. 415. P. L. L., (18SS) Art. 4, sec. 474. 
 
 1896, ch. 375. 
 
 555. The inspector shall give a certificate of every load of 
 hay or straw weighed by him, stating the gross and net weight 
 of such straw or hay, and wagon, cart or sled. 
 
 P. L. L., (1860) Art. 4, sec. 413. 1882, ch. 130. 
 P. L. L., (1888) Art. 4, sec. 473. 
 
 556. The said inspector shall be entitled to demand and re- 
 ceive for each and every load of hay and straw inspected by him, 
 of whatever weight, one cent per hundredweight ; and for weigh- 
 ing hemps, cable, anchors, dye-woods, barks, etc., two cents per 
 hundred pounds; and for inspecting and weighing corn in the 
 ear and corn husks, one cent per hundred pounds. 
 
 P. L. L., (1860) Art. 4, sec. 416. P. L. L., (1888) Art. 4, sec. 475. 
 1894, ch. 105. 1896, ch. 375. 
 
 557. If any person bringing hay or straw to said city shall 
 neglect to have the same weighed by the said inspector, or shall 
 be detected in having stones, rubbish, wood or anything else con- 
 cealed in his load, or shall in any manner change the condition 
 of his cart, wagon, carriage or sled, with fraudulent intention, 
 he shall forfeit and pay for each and every such offense the sum 
 of five dollars; provided, however, any person bringing hay or 
 straw to market, who shall sell and deliver the same for con- 
 sumption west of Gwynn's Falls, shall not be subject to the pen- 
 alty herein recited as to not having said load of hay or straw 
 weighed by the weighmaster at the western hay scales, provided 
 he shall tender to the weigher of hay and straw, at the western 
 hay scales, on the day of delivery of said hay or straw, such fee 
 as is prescribed by law, said fee to be ascertained by the certifi- 
 cate of the person weighing said hay or straw ; and when said 
 certificate of private weigher is presented to the weighmaster of 
 hay and straw at the western hay scales, the said weighmaster 
 shall retain the certificate of the private weigher, and issue to 
 the person presenting the certificate from the private weigher, 
 a certificate from the book of the weighmaster at the western hay 
 scales corresponding with the certificate of the private weigher, 
 for which the weighmaster at the western hay scale shall collect 
 the fee prescribed by law ; any seller of hay or straw failing to 
 comply with the provisions of this section or failing to present 
 the certificate of the private weigher to the weighmaster at the 
 
 "western hay scales, shall be subject to a fine of five dollars for 
 each and everv such offence.
 
 289 
 
 1894, ch. 105. 
 
 558. Any private weigher, who shall under a false certificate, 
 and any seller of hay or straw who shall present a false certifi- 
 cate to the weigher of hay and straw at the western hay scales, 
 shall be subject to a fine of five dollars and costs for each and 
 every such offence. 
 
 P. L. L., (1860) Art. 4, sec. 417. P. L. L.. (1888) Art. 4, sec. 476. 
 
 559. If any person, after having his hay or straw weighed, 
 and having obtained the inspector's certificate, specifying the 
 quantity thereof, shall dispose of any part thereof, or in any 
 manner diminish the same in quantity, thereby to defraud or 
 deceive the purchaser thereof, he shall forfeit and pay for 
 every such offence the sum of twenty dollars. 
 
 P. L. L., (1860) Art. 4, sec. 418. P. L. L., (1888) Art. 4, sec. 477. 
 
 560. The said inspectors may re-weigh carts, wagons, car- 
 riages or sleds, as often as they may deem expedient ; and if at 
 any time either of them shall be required to do so by a pur- 
 chaser of hay or straw, and it shall be found that his report of 
 the weight of the cart, wagon, carriage or sled is correct, the 
 person requiring the same shall pay twenty cents to said in- 
 spector ; in other cases the reweighing shall be free of charge. 
 
 P. L. L., (1860) Art. 4, sec. 419. P. L. L., (1888) Art. 4. see. 478. 
 
 561. The said inspector shall, at all times when required, 
 weigh hemps, cables, anchors, dye-woods, barks, roots, etc. 
 
 1864, ch. 384. P. L. L., (1888) Art. 4, sec. 479. 
 
 562. In addition to the charge hereinbefore authorized for 
 the use of the State hay scales, the inspector shall be entitled to 
 demand and receive fifteen cents for each and every load of hay 
 or straw which shall remain half an hour on the premises after 
 the weighing thereof, but shall be removed before night, and 
 thirty cents for each and every load which shall be left on the 
 premises until the next morning. 
 
 P. L. L., (1860) Art. 4, sec. 421. P. L. L., (1888) Art. 4, sec. 480. 
 
 563. The weighing apparatus shall be adjusted at least once 
 in six months by the standard of weights for the City of Balti- 
 more, the expenses of which, together with all the expense for 
 repairs, shall be paid by the inspectors. 
 
 1864, ch. 384. P. L. L., (1888) Art. 4, sec. 481. 
 
 564. The inspectors shall severally accovmt for, under oath, 
 and pay over to the Treasurer, quarterly, all moneys received 
 
 (11)
 
 290 
 
 by them as inspectors, after retaining for their services three- 
 fourths of all moneys received under sections 556 and 560, and 
 one-fifth of all moneys received imder section 562 of tliis 
 Article. 
 
 1867, cb. 241. p. L. L., (1888) Art, 4, sec. 482. 
 
 565. It shall be the duty of the inspector of hay and straw- 
 having charge of the eastern hay scales at Canton, in the City of 
 Baltimore, to weigh all cattle and hogs required by law to be 
 weighed, which may be brought to said scales for that purpose ; 
 and the said inspector shall be entitled to demand and receive for 
 the use of the State, for the first time of weighing any live- 
 stock, except sheep, required by law to be weighed, two cents for 
 every hundredweight, and one cent per head for every sheep; 
 and for every second and subsequent weighing, for cattle and 
 hogs, two cents for every thousand weight, and sheep, one cent 
 for every thousand weight, and all live-stock not required to be 
 weighed, the sum of six cents for every thousand weight. 
 
 1867, ch. 241. P. L. L., (1888) Art. 4, sec. 483. 
 
 566. He shall keep a full record of all weights as ascertained 
 and determined by him, of what, and for whom the same may be 
 ascertained and determined, and all money received by him for 
 weighing live-stock, and all expenditures and disbursements, in 
 books to be provided for him for that purpose, which books shall 
 belong to the State, and shall at all times be subject to the 
 inspection and order of the Comptroller; and he shall, at the 
 expiration of every six months, or within five days thereafter, 
 upon his oath, taken before a Justice of the Peace for said city, 
 make a full statement of all receipts for weighing all live-stock 
 weighed by him for the six months immediately preceding said 
 statement, and from whom received, and all disbursements by 
 him made to the Comptroller ; and if the balance in the hands of 
 said inspector for weighing live-stock for said six months shall 
 exceed the sum of two hundred dollars, he shall pay the excess 
 into the Treasury ; but if there be no excess over and above two 
 hundred dollars, after deducting all necessary expenses for 
 receipts for weighing live-stock, the said inspector shall retain 
 the balance as compensation for his services for weighing such 
 live-stock. 
 
 1867, ch. 241. P. L. L., (1888) Art. 4, sec. 484. 
 
 567. Upon failure and refusal of any agent or owner of live- 
 stock to pay for weighing the same he may impound any number 
 of live-stock he may deem necessary to cause such fees to be 
 paid ; -provided, no injury be done to said stock by confining them
 
 291 
 
 as aforesaid, and that they be delivered to the owner or agent 
 upon payment of all jnst and proper charges. 
 
 1S67, ch. 241. P. L. L., (1888) Art. 4, sec. 485. 
 
 568. If the inspector shall neglect or delay to weigh or cause 
 to be weighed any live-stock brought to said scales for the pur- 
 ■pose of being weighed, for a time not exceeding twenty-four 
 hours after he shall have been requested to w^eigh the same, he 
 shall forfeit and pay to the owner of such live-stock or his agent 
 the sum of ten cents an hour upon each and every head thereof 
 for so many hours as he shall omit or neglect to weigh the same, 
 over and above the term of twenty-four hours, Sunday excepted, 
 to be recovered in an action of debt before a Justice of the 
 Peace, with costs. 
 
 1870, ch. 256. P. L. L., (1888) Art. 4, sec. 486. 
 
 569. The said inspector of hay and straw shall execute a 
 bond to the State in addition to the bond now provided by law 
 to be given by said inspector, to be approved by the Comptroller, 
 in the penal sum of one thousand dollars, conditioned for the 
 full performance of all acts and things required by him as 
 weigher of live-stock at said scales, and to pay all damages that 
 may be sustained by reason of wilful omission, refusal or neglect 
 to discharge said duties ; which bond shall be filed with the State 
 Comptroller; but said inspector or weigher of hay and straw 
 shall be chargeable with the payment of a tax of ten dollars, 
 and no more, for his commission. 
 
 P. L. L., (I860) Art. 4, sec. 423. P. L. L., (1888) Art. 4, sec. 487. 
 
 570. All fines and forfeitures imposed under sections 55 Y to 
 559 may be recovered with costs in the name of the State, before 
 a Justice of the Peace in the manner that small debts are re- 
 covered ; one-half to the informer and the other half to the use of 
 the State. 
 
 MANURE. 
 
 P. L. L., (1860) Art. 4, sec, 489. P. L. L., (1.888) Art. 4, sec. 507. 
 
 571. A cart load of manure shall contain forty cubic feet. 
 
 STEAM BOILERS. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 509. 
 
 572. The Governor shall biennially appoint two suitable per- 
 sons who are well skilled in the construction and use of steam 
 engines and boilers, and in application of steam thereto, whose
 
 292 
 
 duty it shall be to inspect steam boilers in the City of Baltimore, 
 as hereinafter specified and directed; said inspectors before 
 entering on their duties, shall make oath before a Justice 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 inter- 
 ested 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 consideration from 
 any person, and shall give bond, to be approved by the State 
 Comptroller, in the sum of five thousand dollars each, for the 
 faithful discharge of their duties, 
 
 1S72, ch. 153. P. L. L., (1888) Art. 4, sec. 510. 
 
 573. The City of Baltimore is divided into two districts, 
 which shall be known as the first and second steam boiler inspec- 
 tion districts ; the first district shall embrace what is now known 
 as the Eastern, Northeastern and Southern Police Districts ; the 
 second shall embrace what is now known as the Central, West- 
 ern, N^orthwestern and Southwestern Police Districts of said 
 city ; and the Governor in appointing the inspectors shall assign 
 each to his respective district. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 511. 
 
 574. The inspectors, before entering on the discharge of 
 their duties, shall provide themselves with an office in a central 
 part of said city, also with the necessary apparatus and ap- 
 pliances for the testing of steam boilers; and they shall give 
 notice for three successive days, through the two daily papers 
 having the largest circulation in said city, of the time and 
 manner in which they shall receive the reports of the locations 
 of steam boilers. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 512. 
 
 575. Every owner or renter using a steam boiler in said city, 
 shall, within ten days after the publication of the aforesaid 
 notice, report to the inspector of the district the location of such 
 boiler, under a penalty of fifty dollars for each day a boiler is 
 used and neglected to be reported. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 513. 
 
 576. The inspector of each district shall give six days' notice 
 in writing to each owner or renter of a steam boiler, or the engi- 
 neer or person in charge, of the time when he will inspect such 
 boiler ; and such owner or renter shall have such boiler ready for
 
 293 
 
 inspection, in compliance with the requirements of said notice, 
 and shall furnish such assistance as the inspector may require, 
 under a penalty of fifty dollars for such failure or neglect, and 
 a further penalty of fifty dollars for each day any such boiler is 
 used without a certificate of inspection. 
 
 1S72, ch. 153. P. L. L., (18SS) Art. 4, sec. 514. 
 577. It shall be the duty of each inspector, once at least in 
 every year, to inspect all stationary steam boilers of three horse 
 power and upwards, used within the limits of his district, sub- 
 jecting them to a hydrostatic test of at least twenty-five per cent, 
 in excess of the steam pressure allowed, and satisfy 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 material, the openings 
 for the passage of water and steam, respectively, and all pipes 
 and tubes exposed to heat are of proper dimensions, and free 
 from obstruction ; that the flues and tubes if any are circular in 
 form, the furnaces in proper shape, and the fire line of the 
 furnaces is at least two inches below the minimum water line of 
 the boilers ; and shall also satisfy himself that the safety valves 
 are of suitable dimensions, sufiicient in number and well ar- 
 ranged, and that the weights are properly adjusted so as to allow 
 no greater pressure in the boiler than the amount prescribed in 
 the certificate of inspection ; that there is a sufiicient 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 provision is made for an ample supply of water at all 
 times; when the inspection is completed and the inspector ap- 
 proves the boiler, he shall make and subscribe a certificate of 
 inspection, stating the condition of the boiler, the number of 
 years or months it has been in use, and the pressure of steam 
 allowed ; and no greater pressure than that allowed by the certifi- 
 cate shall be applied to such boiler. In limiting pressure, when- 
 ever the boiler under test will, with safety, bear the same, the 
 limit desired by the owner shall be the one certified ; and such 
 certificate of inspection shall be framed under glass, and kept in 
 some conspicuous place on the premises where said boiler re- 
 ferred to is used; and if the inspector shall deliver or cause to 
 be delivered to tlie owner or renter of any boiler a certificate of
 
 294 
 
 inspection without having first subjected the said boiler to the 
 tests as herein provided, he shall forfeit his bond, and upon con- 
 viction shall be removed from office by the Governor. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 515. 
 
 578. In addition to the annual inspection, it shall be the duty 
 of the inspector to examine all boilers within the limits of their 
 respective districts once at least in every three months and if 
 deemed necessary, apply the hydrostatic test; and if on such 
 examination the inspector shall find evidence of deterioration in 
 strength, he shall revoke the certificate and issue another, assign- 
 ing a lower rate of pressure ; and if the defect be of such char- 
 acter as to make the boiler dangerous, the inspector shall notify 
 the owner or renter in writing, stating in the notice what is 
 required, and order the use of the boiler discontinued until the 
 necessary repairs are made ; and if he considers it beyond repair, 
 he shall condemn it ; and if 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 shall be liable to a penalty of not less than one 
 hundred dollars for each day such boiler is used, and in addition 
 thereto shall be liable for any damage to persons or property 
 which shall occur from any defects, as stated in the notice of the 
 inspector. 
 
 1872. ch. 153. P. L. L., (1888) Art. 4, sec. 516. 
 
 579. Any owner or renter of a boiler, who shall consider 
 himself aggrieved by the action of the inspector, under the pro- 
 visions of the preceding section, may, within ten days after such 
 inspection, notify the inspector of the fact, and demand a re- 
 examination of the said boiler ; the owner or renter shall select a 
 practical engineer, who, with the inspector, shall select a third 
 person, skilled in the manufacture and use of steam boilers, 
 which said two persons, after taking an oath as reviewers, shall, 
 together wath the inspector, carefully examine the said boiler, 
 and the decision of any two of these shall be final; should the 
 decision of the inspector be sustained, the said owner or renter 
 shall pay the expense of such review ; but should it be reversed, 
 the inspector shall restore the certificate, and the expense of the 
 review shall be paid by the State ; such reviewers shall receive 
 five dollars for each day or part of a day they are engaged in 
 making such review. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 517. 
 
 580. Any person erecting or using a steam boiler without 
 having the same inspected by the inspector of the district in
 
 295 
 
 which the said boiler is located, shall pay a fine of one hundred 
 dollars, and fifty dollars for each day any such boiler is used 
 without being inspected; and any person who shall alter or 
 change a steam gauge or weight on a safety valve for the purpose 
 of carrying a greater pressure of steam on a boiler than that 
 allowed by the certificate of inspection, shall be liable to a fine 
 of five hundred dollars ; and any owner or renter of a steam 
 boiler who shall neglect or refuse to place his certificate of in- 
 spection on the premises, as prescribed in section 577 hereof, 
 shall pay a fine of five dollars for each day's refusal or neglect. 
 
 1872, ch. 153. P. L. L., (1SS8) Art. 4, sec. 518. 
 
 581. The inspector shall have power to examine the engi- 
 neers and assistants in charge of boilers, and if any engineer or 
 assistant is found incompetent or addicted to intemperance, the 
 inspector shall notify the owner or renter, and withdraw the 
 certificate of inspection until such engineer or assistant is dis- 
 placed. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 519. 
 
 582. Before issuing any certificate of inspection, the in- 
 spector shall demand and receive from the owner or renter of 
 the boiler, as a compensation for the inspection, and the exami- 
 nations to be made during the year as hereinbefore provided, 
 the following sums : For every boiler of ten horse-power or less, 
 five dollars ; when the boiler is above ten horse-power, five dollars 
 for the first ten, and twenty-five cents additional for each horse- 
 power in excess of that number. 
 
 1872, ch. 153. P. L. L., (1888) Art. 4, sec. 520. 
 
 583. In shall be the duty of each inspector to keep a correct 
 record of the locations of all boilers in his district, when each 
 boiler was inspected, the condition of the same at the time of 
 inspection, the instructions given to the engineers in charge, the 
 certificates issued, the amount of steam pressure allowed in each 
 certificate, and the boilers condemned or ordered to be repaired; 
 also a correct account of all money received or paid out ; and they 
 shall report the same annually to the State Comptroller. 
 
 1874, ch. 96. P. L. L., (1888) Art. 4, sec. 521. 
 
 584. The inspectors shall receive an annual salary of fifteen 
 Iniiidrcd dollai's each; and all moneys collected, after deducting 
 the necessary incidental expenses of the office, shall be paid over 
 to the Treasurer of the State.
 
 296 
 
 1S72, ch. 153. P. L. L.. USSS) Art. 4, sec. 522. 
 
 585. Xothing in this sub-division of this Article shall conflict 
 with the ordinance of the Mayor and City Council of Baltimore 
 which requires their permission for the erection of steam boilers 
 in that city. 
 
 1SS6, cJi. 503. P. L. L., USSS) Art. 4, seo. 523. 
 
 586. Every steam boiler insurance company doing business 
 in this State shall have a resident inspector, whose duty it shall 
 be to make inspections of steam boilers submitted for insurance 
 to such steam boiler insurance company; and any owner or 
 renter of a steam boiler who has the same insured in a steam 
 boiler insurance company doing business in this State, in com- 
 pliance with the laws thereof, and having a resident inspector 
 and an established system of inspection, must immediately after 
 the first annual inspection in each year by such resident inspector 
 of such steam boiler insurance company, present to the State 
 inspector of the district in which the said steam boilers are 
 located, the certificate of inspection of the said company: and 
 the said companv shall be charsjed and chargeable with a fee of 
 one dollar for each and every boiler so inspected and insured, 
 which shall be paid to the State Inspector with such certificate ; 
 provided, that when there is more than one steam boiler belong- 
 ing to the same owner or renter so insured, then the fee so 
 chargeable to the insurance company shall be one dollar per 
 boiler for the first five, and one dollar for each additional five or 
 fraction thereof over and above the first five; and upon the 
 acceptance of the provisions of this section by the owner or renter 
 of said steam boiler, the said owner or renter shall be exempted 
 from the requirements of this sub-division of this Article. 
 
 1S72. ch. 151. P. L. L., (1SS8) Art. 4, sec. 524. 
 
 587. If either inspector neglects to discharge his duties as 
 prescribed in this sub-division of this Article, he shall forfeit his 
 bond, and shall be removed from office by the Governor. 
 
 1872, ell. 151. P. L. L., (1888) Art. 4, sec. 525. 
 
 588. The Governor shall fill all vacancies that may occur as 
 soon as possible. 
 
 1872, ch. 151. P. L. L., (1.S88) Art. 4, sec. 526. 
 
 589. All fines and penalties imposed in this sub-division of 
 this Article shall be recoverable by indictment before the Crimi- 
 nal Court of Baltimore, or before anv Justice of the Peace of 
 said city, in the name of the inspector, for the benefit of the 
 State.
 
 297 
 
 WOOD CARTS. 
 
 1878. ch. 183. P. L. L., (1S8S) Art. 4, sec. 527. 1894, ch. 313. 
 
 590. The Governor shall biennially appoint, by and with 
 the consent of the Senate, one competent person, whose duty it 
 shall be to measure and stamp all carts or vehicles engaged in 
 hauling wood from wharf and yard within the corporate limits 
 of the Citv of Baltimore ; and it shall further be the dutv of the 
 said measurer to measure and stamp all carts or vehicles engaged 
 in hauling sawed and split wood for the purpose of selling the 
 same within the corporate limits of the City of Baltimore; the 
 said measurer shall have power to appoint deputies if he shall 
 find it necessary to facilitate the work ; and he or his assistants 
 shall give certificates to the owners of said carts or vehicles, 
 which shall hold good for one 3'ear from date; all such certifi- 
 cates shall terminate on the first dav of Mav. annuallv. 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 neces- 
 sary, to be dated and paid for from the first day of May, as in 
 case of renewal, unless some repairs or alteration be necessary to 
 change the same, for which services he shall receive the sum of 
 one dollar for each cart or vehicle so inspected and marked by 
 him, to be paid by the party at whose request the services were 
 performed ; the said measurer or his deputies shall be in no way 
 interested as clerks, or otherwise engaged in the purchase or sale 
 of fire-wood, other than for their own use. 
 
 1894, ch. 313. 
 
 591. It shall be unlawful for any person, in either purchas- 
 ing or selling seasoned cord wood in quantities of not less than 
 one-half cord at any one time, to measure and settle for the same, 
 except on the basis of one hundred and twenty-eight cubic feet 
 to each cord of wood ; and the said contents of a cord of wood 
 shall be ascertained by lineal or outside measurement, as fol- 
 lows: It shall be eight feet long, four feet high and four feet 
 wide. 
 
 1894, ch. 313. 
 
 592. Any person violating the provisions of the preceding 
 section, shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be subject to a fine of not less than fifty nor 
 more than one hundred dollars, one-half to go to the informer.
 
 298 
 
 1876, ch. 46. P. L. L., (1888) Art. 4, sec. 528. 
 
 593. The said measurer and his deputies, before entering 
 upon their duties of office, shall take the following oath or affir- 
 mation, as the case ma}^ be, before some Justice of the Peace : 
 "I do solemnly swear (or affirm) that I will faithfully, truly and 
 impartially, according to the best of my skill and judgment, 
 execute and perform the office and duty of measurer of carts 
 according to the true intent and meaning of this sub-division of 
 this Article, so help me God." 
 
 1878, ch. 183. P. L. L., (1888) Art. 4, sec. 529. 1894, ch. 313. 
 
 594. Said measurer shall locate himseK in some suitable 
 section of the city, where he can be found, where the greatest 
 quantity of wood is for sale ; he shall plainly mark, by a brand 
 on the standards of each side of said carts or vehicles, in such a 
 manner as that the purchaser or consumer of fire-wood may see 
 the quantity contained in each eighth, quarter, half or cord of 
 wood so purchased by him, the standard of measurement to be 
 one hundred and twenty-eight cubic feet to the cord of well stored 
 and packed cord wood, or one hundred and sixty cubic feet of 
 sawed and split wood. 
 
 1886, ch. 315. P. L. L., (1888) Art. 4, sec. 530. 1894, ch. 313. 
 
 595. All stick wood sold by retail in the City of Baltimore, 
 shall be measured in a solid frame made of wood or iron ; a 
 frame to measure one-eighth of a cord shall be two feet wide and 
 two feet high ; a frame to measure one-fourth of a cord shall be 
 three feet wide and two feet eight inches high ; a frame to 
 measure three-eighths of a cord shall be four feet wide and three 
 feet high ; and a frame to measure one-half a cord shall be four 
 feet wide and four feet high, these various dimensions being all 
 intended to import inside measurement; all frames shall be 
 measured and stamped every year by the inspector just as carts 
 are measured and stamped. 
 
 1886, ch. 315. P. L. L., (1888) Art. 4, sec. 531. 
 
 596. If any wood dealer shall sell stick wood by retail in the 
 City of Baltimore, measured otherwise than in a frame, he shall 
 be subject to the penalty of five dollars for each offence ; one-half 
 of the penalty to go to the informer ; said penalty to be recovered 
 before some Justice of the Peace. 
 
 1886, ch. 315. P. L. L., (1888) Art. 4, sec. 532. _ 
 
 597. The two preceding sections shall not apply to the 
 measurement of sawed and split wood.
 
 299 
 
 1878, eh. 183, sec. 4. P. L. L., (1888) Art. 4, sec. 533. 
 
 598. If any owner of a cart or vehicle to be used in hauling 
 fire-wood in the Citv of Baltimore shall neclect to have such 
 cart or vehicle so inspected, and if any carter or person shall 
 alter the marks of said carts or vehicles after the same have been 
 so inspected, or shall alter the measurement of said fire-wood by 
 increasing or taking from the same, or neglect to have said carts 
 or vehicles stamped, as provided for in this sub-division of this 
 Article, by the first day of June of each year, or if any dealer 
 shall sell the aforesaid cord or sawed and split wood to any cart 
 or vehicle not properly stamped by the measurer or his deputies, 
 provided for by this sub-division of this Article, he shall be 
 subject to the penalty of five dollars for each offence, to be 
 recovered as small debts are now recovered, before some Justice 
 of the Peace, for the use of the City of Baltimore. 
 
 1878, ch. 183, sec. 5. P. L. L., (1888) Art. 4, sec. 534. 
 
 599. In case of dispute between the purchaser and seller of 
 any lot of fire-wood, the measurer or his deputy, appointed under 
 this sub-division of this Article, may act as arbitrator between 
 said parties, and his decision shall be final ; for which services he 
 shall receive the sum of six and one-quarter cents for each cord 
 of wood so inspected and measured by him, to be paid by the 
 party at whose request said service was performed; the said 
 measurer or deputy to give a certificate of the number of cords 
 contained in each lot. 
 
 JON^ES' FALLS. 
 
 1870, ch. 115. P. L. L., (1888) Art. 4, sec. 579. 
 
 600. None of the provisions of this Article in reference to 
 constructing sewers and opening and paving streets in the City 
 of Baltimore shall apply to the construction of the sewers, and to 
 the opening and paving of the streets and avenues for which 
 provision is made in this Article relating to Jones' Falls, save 
 in so far as the said provision may be made applicable thereto by 
 an ordinance of the Mayor and City Council of Baltimore, 
 passed for the purpose ; and provided further, that no appeal 
 shall lie from the decisions of the Baltimore City Court in pro- 
 ceedings in said Court under the provisions of this Article 
 relating to Jones' Falls. 
 
 1870, ch. 115. p. L. L., (1888) Art. 4, sec. 580. 
 
 601. All of the provisions of an ordinance of the Mayor and 
 City Council of Baltimore, entitled an ordinance to provide for
 
 300 
 
 the improvement of Jones' Falls within the limits of the Citv of 
 Baltimore, approved January 31, 1870, shall have the same 
 force, effect and operation, and be in all respects as valid as if 
 the said ordinance had been passed after the approval of the Act 
 of 1870, chapter 115, or had been passed after the enactment of 
 a law by the General Assembly of Maryland authorizing and em- 
 powering the Mayor and City Council of Baltimore to pass such 
 an ordinance. 
 
 JURORS. 
 
 P. L. L., (1860) Art. 4, sec. 601. 1860, ch. 308. 1867, ch. 401, sec. 4. 
 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 583. 
 
 602. The Judges of the Supreme Bench of Baltimore City, 
 or a majority of them, shall meet in some one of the courtrooms 
 of the City of Baltimore on such days as the said Judges, or a 
 majority of them, shall appoint, in the month of April in each 
 year, and shall on such days of meeting, select fairly and impar- 
 tially, and by the exercise of their best judgment, the names of 
 seven hundred and fifty persons, or thereabout, qualified under 
 the laws of this State to be grand and petit jurors in the City of 
 Baltimore. They shall cause the names of the persons so selected 
 to be entered in a proper book, and shall verify the list so made 
 up by their certificate and signatures. The said book containing 
 the said list shall be placed in the custody of the Clerk of the 
 Superior Court of Baltimore City. 
 
 Clare v. State. 30 Md. 163. Avirett v. State, 76 Md. 535. State v. 
 Keating, 85 Md. 188. 
 
 P. L. L., (1860) Art. 4, sec. 602. 1860, ch. 308. 1882, ch. 67. 
 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 584. 
 
 603. In order to assist the said Judges in making out the list 
 of jurors aforesaid, the City Collector of the City of Baltimore, 
 shall, before the first day of February in each and every year, 
 lodge with the Clerk of the Superior Court of Baltimore City, 
 for the use of said Judges, a certified list of so many of the 
 taxable male inhabitants, resident in the said city, as he may 
 have been directed to furnish by the order of said Judges, or a 
 majority of them, setting out their names and places of resi- 
 dence, so far as the same may be ascertained; and the said 
 Collector shall receive for such service a compensation to be fixed 
 by said Judges, and he shall be paid as jurors are paid. 
 
 1860, ch. 308. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) 
 
 Art. 4, sec. 585. 
 
 604. The said list of persons, qualified under the laws of this 
 State to be grand and petit jurors in the City of Baltimore,
 
 301 
 
 having been prepared as aforesaid, it shall be the duty of the 
 said Judges of the Supreme Bench of Baltimore City, or a 
 majority of them, to meet in each and every year in some one of 
 the courtrooms of the City of Baltimore, on one or more days 
 to be appointed by them, before the beginning of each regular 
 term of the Criminal Court of Baltimore, which said meeting, 
 or the last of which said appointed meetings shall be at least ten 
 days before the beginning of each of said terms, and to select 
 from said list the names of twenty-three persons, who shall con- 
 stitute and be the grand jurors for the City of Baltimore for the 
 ensuing term of said Criminal Court of Baltimore ; the list of 
 grand jurors so selected shall be attested by the signatures of the 
 Judges selecting the same, and be given forthwith to the Sheriff 
 of Baltimore City, who shall immediately summon the persons 
 so selected, to serve as grand jurors for the City of Baltimore at 
 the ensuing term of the Criminal Court of Baltimore. If any 
 of the grand jurors so selected and summoned shall be shown to 
 be disqualified, or be from any sufficient cause excused from 
 serving, it shall be the duty of the said Judges of the Supreme 
 Bench of Baltimore City, or a majority of them, to re-assemble 
 as soon as they are notified thereof by the Judge of the Criminal 
 Court of Baltimore, and to assemble again, from time to time, if 
 the same be necessary, to correct and complete, in the manner 
 hereinbefore provided for, the said Grand Jury for the City of 
 Baltimore, by the selection of proper persons as aforesaid from 
 the list of qualified jurors made as aforesaid, omitting in said 
 selection the names of persons on said lists who may have been 
 drawn to serve as petit jurors in other Courts of said City at 
 said term. The Judges shall, after so correcting and completing 
 the list of grand jurors for the City of Baltimore, so before made 
 out by them, attest the said list of grand jurors as so corrected, 
 by their certificate and signatures thereto. The Judge of the 
 Criminal Court of Baltimore shall, at the beginning of each 
 term of the said court, designate the foreman of the Grand Jury 
 for the City of Baltimore for the said ensuing term, from among 
 the number of grand jurors selected as aforesaid for said city; 
 and in case of the disfpialification, sickness, absence or death of 
 said foreman, or of anv foi-eman of said Grand Jurv, may desie;- 
 nate another from among the number of said Grand Jury, who 
 shall act as such foreman. 
 
 Stiitc V. KontiiiK, 85 Mfl. ISS. 
 
 1900, ch. 164. 1908, ch. 162. 
 604A. Upon the organization of each gi-and jury, as pro- 
 vided for in the preceding section, and npon tlicii- nnpu^st tluM-e-
 
 302 
 
 for, signified to the judge or judges for the time being especially 
 assigned to and sitting in the Criminal Court of the said city, 
 the said judge or judges may and they are hereby authorized 
 and empowered to appoint a clerk, who shall be a competent 
 stenographer, at a compensation not exceeding the rate of fifteen 
 hundred dollars per annum, to be paid by the Mayor and City 
 Council of Baltimore, which said clerk shall have authority to 
 take and transcribe the testimony given before any grand jury 
 in said City of Baltimore, and whenever required by the State's 
 Attorney shall attend upon and take and transcribe the testi- 
 mony given at coroner's inquests, and all of the said testimony 
 so taken and transcribed shall be for the exclusive use and benefit 
 of the grand jury and the State's Attorney of said city, unless 
 otherwise ordered by the Court. In addition to the compensation 
 aforesaid to be paid to said clerk by the Mayor and City Council 
 of Baltimore, the said Mayor and City Council of Baltimore 
 shall make compensation to said stenographer for all testimony 
 taken and transcribed by him at any coroner's inquest or in- 
 quests, and when requested by the State's Attorney for the use 
 of his ofiice, at a rate not exceeding fifteen cents per hundred 
 words of such testimony. 
 
 1900, ch. 164. 
 
 604B. Any clerk appointed under the provisions of the pre- 
 ceding section shall before he enters upon the duties of his ofiice 
 take and subscribe before the Clerk of the Criminal Court of 
 Baltimore City an oath that he will keep secret all matters and 
 things occurring before such Grand Jiiries. 
 
 1900, ch. 164. 
 
 604O. It shall be lawful for any stenographer, duly ap- 
 pointed and qualified as herein provided, to attend and be present 
 at the sessions of every Grand Jury empaneled in the said city, 
 and it shall be his duty to take in shorthand the testimony intro- 
 duced before such Grand Juries and to furnish to the Grand 
 Jury and the State's Attorney of said city a full copy of all such 
 testimony as such Grand Jury or State's Attorney shall require, 
 and he shall not permit any other person to take a copy of the 
 same nor of any portion thereof, nor to read the same nor any 
 portion thereof, nor shall he disclose the character or any of 
 the contents of the same to any person or persons other than the 
 Grand Jury or State's Attorney for said city, except upon the 
 written order of the Court duly made after hearing the State's 
 Attorney. All of the said original minutes shall be kept in the 
 custody of said State's Attorney, and neither the same nor a
 
 303 
 
 copy of the same shall be taken from the office of said State's 
 Attorney excepting for the use of a Grand Jury for said city or 
 for production in Court, without an order of Court first had and 
 obtained, as above provided. 
 
 1900, ch. 164. 
 604D. Any stenographer appointed as aforesaid who shall 
 violate any of the provisions of the three preceding sections with 
 regard to secrecy shall be deemed guilty of a misdemeanor, and 
 on conviction thereof shall be fined not exceeding one thousand 
 dollars or imprisoned in jail not exceeding one year, or be both 
 fined and imprisoned in the discretion of the Court. 
 
 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 586. 
 
 605. The said Judges of the Supreme Bench of Baltimore 
 City, or one or more of them, shall, at one or more of the meet- 
 ings provided for in the last preceding section of this sub-division 
 of this Article, after the selection of the grand juries for the City 
 of Baltimore, as provided in the last preceding section, cause 
 all the names selected by the Judges as aforesaid, remaining 
 upon said list of qualified jurors, to be inscribed upon ballots, 
 which shall be of equal size, color and appearance, and shall be 
 closely folded and shall be placed by one of such Judges, with 
 his own hands, on the day of said meeting and immediately 
 before the drawing herein provided for, in a drawing wheel to be 
 provided for that purpose by the Sheriii" of Baltimore City, 
 under the direction of said Judges; the said Judge shall then 
 cause the said Sheriff, or such one of his deputies as he shall 
 designate, to appear before him ; and it shall be the duty of the 
 said Sheriff or his said deputy, in the presence and in the imme- 
 diate view of the said Judge or Judges, and of such other per- 
 sons as may choose to attend, to draw one by one from said 
 wheel the ballots contained therein until four hundred of said 
 ballots have been drawn therefrom; and thesaid Judge or Judges 
 shall cause the said wheel to be turned upon its axis before the 
 conunencement of said drawing, and after the ballots have been 
 deposited therein, and after the drawing of each ballot, and 
 before the drawing of the next, until four hundred of said ballots 
 shall have been drawn ; and said Judge or Judges shall forthwith 
 cause the names appearing upon said ballot as drawn, together 
 with the names selected as grand jurors, to be duly re(*(U-ded in 
 a proper book in the order in which they shall have l)cen chosen, 
 and in which said Judge or Judges shall have seen them drawn 
 as aforesaid, which said Judge or Judges so attending s;ii<! 
 drawing shall certify at the foot of said list to have been done
 
 304 
 
 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 591. 
 
 606. After four hundred of the names in the box shall have 
 
 been drawn, as provided by section 605, it shall be the duty of 
 
 said Judge or Judges who shall have attended said drawing to 
 
 cause the names of the said several panels, and the names of the 
 
 other persons drawn as aforesaid, to be entered in two books, in 
 
 addition to the book provided in section 605, in the order in 
 
 which the said panels and the names aforesaid were drawn ; and 
 
 the said books shall be certified by the Judge or Judges who 
 
 shall have attended said drawing, to be true copies of the book 
 
 prescribed in section 605, and said books shall be denominated 
 
 jury books for Baltimore City. 
 
 Condemnation Juries. — Such juries need not be summoned from the 
 jury book. 
 
 Balto. Belt R. R. Co. v. Turner, Daily Record, January 12, 1893. 
 
 1896, ch. 20. r. L. L., (ISSS) Art. 4, sec. 591 A. 
 
 607. In addition to the four hundred names to be drawn as 
 provided by section 605 of this Article, it shall be the duty of 
 said Judge or Judges who shall attend said drawing to cause to 
 be drawn in the mode pointed out in said section 605, or in such 
 other mode as shall be prescribed by the Supreme Bench of 
 Baltimore City, one hundred additional jurors, or such other 
 number as shall be deemed necessary to be drawn by the 
 Supreme Bench of Baltimore City which said jurors so drawn, 
 together with the said four hundred jurors, shall, under such 
 regulations as shall be prescribed by the Supreme Bench of 
 Baltimore City, serve from time to time as jurors in the common 
 law courts of Baltimore City, and for such length of time as said 
 courts shall prescribe, and power is hereby conferred upon said 
 Supreme Bench of Baltimore City to prescribe by rule for the 
 mode, time and place for the drawing of jurors, for the organi- 
 zation thereof, and for the distribution among the said several 
 common law courts of Baltimore City, of the jurors whose 
 drawing is provided for by the several sections of this sub- 
 division of this Article, and to regulate the length of time for 
 which the jurors drawn as aforesaid shall serve. 
 
 P. L. L., (1860) Art. 4, sec. 609. 1860, ch. 308. 1882. ch. 67. 1884, ch. 
 450. P. L. L., (1888) Art. 4, sec. 592. 
 
 608. When the jury books shall have been prepared and 
 certified as directed in the foregoing section, it shall be the duty 
 of the said Judge or Judges by whom the same shall have been 
 so certified, to cause one of the said books to be deposited in the 
 custody of the Clerk of the Superior Court of Baltimore City,
 
 305 
 
 and one in the custody of the Sheriff of Baltimore City, and one 
 shall be retained by the said Judges of the Supreme Bench of 
 Baltimore City, or by such one of their number as they shall 
 appoint for the purpose of verifying the list of persons so de- 
 livered as aforesaid to the Clerks or the Sheriff of Baltimore 
 City. And when the said books shall have been delivered to the 
 said Sheriff, he shall immediately summon the several jurors 
 drawn for the several panels named in the said book, to serve in 
 the court for which they have been respectively drawn, at such 
 time as shall be designated by the court. And in addition to 
 summoning the said jurors for the said several panels, the said 
 Sheriff shall also summon such additional number of persons, 
 whose names are set down in said book, and as nearly as may be 
 in the order in which their names are so set down, as the said 
 Judges of the Supreme Bench, or a majority of them, shall 
 direct, to appear in the room of the Superior Court of Baltimore 
 City at the same time with the panel for said court. And the 
 said additional number of jurors shall constitute a reserve, from 
 which without further summons, jurors may be selected to serve 
 in lieu of any persons drawn for the regular panels of said court 
 aforesaid, w^io may not be found, fail to appear, are legally dis- 
 abled, or are excused or excluded from attending, so that the 
 panels may be completed by selecting from said reserve, in the 
 following order: First, for the Superior Court of Baltimore 
 City ; second, the Criminal Court of Baltimore ; third, the Balti- 
 more City Court ; and fourth, the Court of Common Pleas. And 
 until said panels have been completed, said reserves shall be 
 required, upon the order of the several courts, to proceed from 
 one to the other in the order above mentioned ; and when all 
 said panels have been completed, those persons summoned for 
 such reserve, and not empaneled, shall be discharged, but shall 
 not thereby be excused from service when resummoned; and in 
 empaneling juries for said reserve their names shall be called in 
 the order in which they appear in said book ; and the names of 
 said reserves shall first be called in the Superior Court of Balti- 
 more City, the Judge of which Court shall determine upon their 
 qualifications as jurors, and the right or claim of any members 
 of said reserve to be excused or exempted from service. 
 
 Clare v. State, 30 Md. 166. 
 
 1882, ch. 07. 18S4, cli. 450. 1'. L. L., (1888) Art. 4, sec. 593. 
 
 609. If the full panels of jurors for the said several courts 
 shall not be obtained from the jurors so drawn for the several 
 panels of the said courts, as herein provided, or from said 
 reserve, by reason of some of said jurors or reserve being legally
 
 306 
 
 disabled or excused from attending, or not being found, or from 
 other causes, the Sheriff, upon being notified by any of said 
 Judges what additional number of jurors is required for the 
 court in which he presides, shall proceed to complete the said 
 panel in which jurors are needed, by summoning in the stead of 
 such jurors such number of persons as said Judge may direct, of 
 the persons whose names are set down in the said jury book next 
 after the regular panels, and after those persons who have been 
 summoned as the reserve hereinbefore provided for ; and he 
 shall summon such persons, as near as he can reasonably do so, 
 in the order in which they are set down in said book, and their 
 names shall be called for empaneling in the order in which they 
 appear in said book. 
 
 1860, cli. 308. 1882, cli. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, 
 
 sec. 594. 
 
 610. If at any trial of any cause in any of the several courts 
 as aforesaid, tales de circumstantibus, shall be ordered, it shall be 
 the duty of the Sheriff to summon such talesmen, those who are 
 entered in said book and are not upon the regular panels as afore- 
 said ; and such talesmen shall be summoned and called to be 
 sworn or affirmed upon the voir dire, or otherwise, in the order 
 in which their names are set do\Am in said jury book, unless the 
 Sheriff" or his deputy in that behalf shall swear that he has made 
 true and diligent search for such nersons as do not appear, and 
 that they cannot be found, or unless being summoned such per- 
 sons have failed to appear, or unless the State's Attorney or his 
 deputy, and counsel for the traverser, or the counsel for the 
 parties litigant, with the consent of the court, shall waive said 
 order for summoning and swearing or affirming such talesmen ; 
 but if said affidavit shall have been made by said Sheriff or his 
 deputy, or if such persons shall fail to appear after having been 
 summoned as aforesaid, or the said waiver shall be made with 
 the consent of the court, then such of the talesmen as have been 
 properly summoned and have appeared shall be called to be 
 sworn in the order in which their said names are recorded in the 
 jury book aforesaid ; or whenever in either of said courts it shall 
 be necessary to summon talesmen, the Judges of the said courts, 
 respectively, instead of, or in addition to, resorting to the fore- 
 going provisions of this section for the summoning of talesmen 
 may order the Sheriff to summon as sucli talesmen, any of the 
 jur^Tnen in attendance upon either of the said courts, except said 
 Criminal Court of Baltimore, who may not then be engaged as a 
 part of any special panel ; and if it should happen at any time 
 in summoning talesmen for any of the said courts, the Sheriff
 
 307 
 
 shall exhaust the whole list of the names drawn from the said 
 wheel, as provided in this sub-division of this Article, it shall be 
 his duty immediately to make report thereof, verified by his 
 affidavit or affirmation, to the Supreme Bench of Baltimore 
 City, and thereupon the said Judges, or one of them, shall 
 immediately cause the Sheriif, or his deputy to be designated by 
 him, to appear before such Judge, in some one of the court- 
 rooms ill said city, and cause such additional number of names 
 as shall be designated by the Judge of the Court for which such 
 talesmen are needed, to be drawn from the names selected by 
 said Judges as aforesaid, and still remaining upon said list of 
 qualified jurors, and from such further names, if any, as the 
 Judges of the Supreme Bench, or a majority of them, shall select 
 and cause to be added to said list ; and the said drawing shall be 
 made, and the names drawn shall be recorded in the manner 
 provided in sections 605 and 606 ; and the talesmen shall be 
 summoned from such additional number of persons so drawn in 
 the manner hereinbefore directed, 
 
 P. L. L., (1860) Art. 4, sec. 611. P. L. L., (1888) Art. 4, sec. 595. 
 
 611. Every petit juror sworn upon any special panel shall 
 continue to serve thereon until discharged by the court, notwith- 
 standing the expiration of his term of three weeks, aforesaid; 
 but no one summoned as a juror shall be excused from service 
 except in open court, on good cause shown to the satisfaction of 
 the court; and if any juror summoned, and not excused, shall 
 fail to attend the said court until duly discharged, he shall be 
 fined, for the use of the said city, not less than twenty nor more 
 than two hundred dollars, to be recovered by attachment, or such 
 other appropriate process as the said court may direct. 
 
 Mills V. State, 76 Md. 280. See, City Code (1879), pages 566-569. 
 
 1882, ch. 67. 1884, ch. 450. P." L. L., (1888) Art. 4, sec. 596. 
 
 612. It shall be the duty of said Judges, or a majority of 
 them, to assemble as hereinbefore in this sub-division of this 
 Article provided, on the Thursday preceding the fourth Monday 
 of each term, and thereafter so long as a jury may be required 
 for any of said courts, from three weeks to three weeks during 
 each term of each of the said courts which may require the at- 
 tendance of a jury ; at such meetings the said Judges, or a ma- 
 jority of them, shall cause the names of those who have served on 
 any of the regular panels of the aforesaid courts since the mak- 
 ing of the list of qualified jurors as aforesaid to bo stricken from 
 said list; and the persons whose names are so stricken from
 
 308 
 
 said list shall not be liable to serve again as jurors for two years, 
 accounting from the beginning of the term for which their 
 names were so entered on the list of qualified jurors; the said 
 Judges, or a majority of them, shall then add to said list of 
 qualified jurors such qualified persons as shall suffice to make 
 up the number of seven hundred and fifty qualified persons, or 
 thereabouts. From the said whole number the jurors to serve 
 for three weeks from the ensuing Monday shall then be drawn 
 for the said courts, and their names be recorded in the said 
 jury books in the manner hereinbefore provided by this sub- 
 division of this Article, under the superintendence of one or 
 more of said Judges. And if, at the time of any drawing, juries 
 shall not be required for all of said courts, then it shall not be 
 necessary to draw panels for the court not requiring them, but 
 jurors shall be drawn for such courts only as may need them, 
 in the manner hereinbefore provided in this Article relating to 
 jurors, so far as concerns the courts requiring such juries ; and 
 besides summoning said panels for the said courts, the Sheriff 
 shall also summon at the same time such number of reserves as 
 he may be required by the Judges, or a majority of them, as 
 provided by section 608 ; and said reserves shall also be liable 
 to service as in said section mentioned. 
 
 18G0, ch. 308. P. L. L., (1860) Art. 4, sec. 613. P. L. L., (1888) Art. 
 
 4, sec. 597. 
 
 613. If it should happen that the said lists of persons com- 
 petent to act as jurors, other than the regular panels as afore- 
 said, should at any time be exhausted as talesmen, it shall also 
 be competent for the Sheriff to summon as talesmen any of the 
 regular panels in any of the other of said courts in Baltimore 
 City who may be at the time of such summons not engaged as 
 part of any special panel in any of the said courts ; but it is 
 herein provided that whenever any part of the regular panel of 
 any court, shall be by the Sheriff as aforesaid summoned to 
 attend in another, as talesman, jurors of the regular panel of the 
 court in which talesmen are required, or so 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 regTilar jurors of said court are discharged from the 
 court in which they shall be required to serve as talesmen as 
 aforesaid. 
 
 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 598. 
 
 614. Any person who shall fraudulently mark or desigiiate 
 or open or leave open, or cause or knowingly permit to be
 
 309 
 
 marked or designated, or to be opened or left open any ballot 
 for jurors which shall be prepared for the purpose of being 
 dra^^'n under this sub-division of this Article, or who, by any 
 fraudulent contrivance, device, or collusion whatever, shall pre- 
 pare or arrange, or cause, or knowingly permit to be prepared 
 or arranged any ballot aforesaid, so that the same or any thereof 
 may be known or recognized in the drawing thereof, or may be 
 drawn in preference to others, or for the purpose of their being 
 so known or recognized, or being so drawn or omitted to be so 
 dra^^^l; and any person who shall in any way fraudulently or 
 collusively deal with the ballots aforesaid, or any of them, or 
 with the drawing thereof, or with the preparation or folding of 
 said ballots, or with the wheel aforesaid, so that the fair opera- 
 tion and lawful and impartial execution of the provisions of this 
 sub-division of this Article in relation to the selection of jurors 
 in the City of Baltimore shall be knowingly prevented or inter- 
 fered with, or with intent to interfere with or prevent the same, 
 or to permit or allow the same to be interfered with or pre- 
 vented, shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be sentenced to be confined, in the discretion of the 
 Court, in the Penitentiary or Maryland House of Correction for 
 a term of not less than one nor more than three years. 
 
 1860, ch. 308. P. L. L., (1860) Art. 4, sec. 615. P. L. L., (1888) Art. 
 
 4, sec. 599. 
 
 615. All special juries authorized by law to be summoned 
 shall be summoned by the Sheriff of Baltimore City from those 
 whose names may be inscribed in the jury book as then revised. 
 
 1860, ch. 308. P. L. L., (1860) Art. 4, sec. 616. P. L. L., (1888) Art. 
 
 4, sec. 600. 
 
 616. If any Sheriff of Baltimore City, or any deputy there- 
 of, shall wilfully violate the provisions of this sub-division of 
 this Article relating to juries, the said Sheriff shall forfeit the 
 sum of one thousand dollars, which sliall be recovered by civil 
 action in the name of the State against the Sheriff and the sure- 
 ties on his bond in that behalf, and one-half of the penalty shall 
 be paid to the informer. 
 
 1860, ch. 308. P. L. L., (1800) Art. 4, sec. 617. P. L. T.., (1888) Art. 
 
 4, sec. 601. 
 
 617. Any two of the Judges of the Supreme Bench of Balti- 
 more City may constitute a quorum at any meeting held under 
 the provisions of this sub-division of this Article, nnd ni:iy 
 exercise all the powers reposed in the said Judges,
 
 310 
 
 18G0, ch. 308. P. L. L., (1860) Art. 4, sec. 618. P. L. L., (1888) Art. 
 
 4, sec. 602. 
 
 618. In all criminal cases in which the person indicted has 
 or may have the right of peremptory challenge, the State's At- 
 torney shall have the right to challenge peremptorily any num- 
 ber of jurors not exceeding five. 
 
 P. G. L., (1860) Art. 50, sec. 18. P. L. L., (1888) Art. 4, sec. 603. 
 
 619. The Grand Jury shall at each term of the court visit 
 the jail, and inquire into its condition, the manner in which 
 it is kept and the treatment of the prisoners, and report the 
 same to the court. 
 
 1867, ch. 269. P. L. L., (1888) Art. 4, sec. 604. 
 
 620. All the provisions of this sub-division of this Article 
 relating to the mode of drawing and summoning jurors shall 
 be construed as directory merely, and no indictment or present- 
 ment for any felony or misdemeanor shall be quashed, nor shall 
 any judgment upon any indictment or presentment, whether 
 after verdict, by confession or otherwise, be stayed or reversed, 
 nor shall any challenge to the array of jurors be allowed because 
 of any failure by the Judges, or the clerks, or the Sheriff, to 
 comply with the provisions of law relating to the drawing of 
 jurors in the City of Baltimore; provided, nevertheless, that if 
 any officer concerned in the drawing of said jurors shall wil- 
 fully neglect to perform any duty imposed upon him by law, he 
 shall be liable to indictment in the Criminal Court of Balti- 
 more, and upon conviction shall be fined the sum of one thous- 
 and dollars. 
 
 Pay of Jurors. 
 1880, ch. 441. P. L. L., (1888) Art. 4, sec. 605. 
 
 621. Jurors in any of the courts of the City of Baltimore 
 shall receive one dollar and a-half per day for each and every 
 day they shall attend the several courts of this State in said city 
 as jurors; and it shall be the duty of the clerk of the court to 
 which the jurors shall be summoned, to furnish on the day 
 their services shall terminate, to each juror, a certificate, show- 
 ing the days he has been in attendance on the court, and the 
 amount payable to him for such service ; and the City Register 
 shall pay the jurors the sums payable for such service in cash, 
 and immediately upon the presentation and surrender of such 
 certificate, with the receipt of the juror, and said payment shall 
 not be demanded save upon the surrender of said certificates, 
 and the said certificates shall not be the subject of assignment.
 
 311 
 
 Volunteer Militia Exempt from Petit Jury Duty. 
 1870, ch. 182. p. L. L., (1888) Art. 4, sec. 606. 1906, ch. 61. 
 622. All certificates of membership of any legally organized 
 volunteer company of the militia shall be signed by the com- 
 manding officer thereof, which certificates shall be issued on or 
 before the first day of April in each year to such persons as 
 may then compose the uniformed and active members of said 
 company; every such company may receive and have as many 
 honorary members as it has active and uniformed members, and 
 no more, on payment, in advance, by each person desiring to 
 become such honorary member, of not less than ten dollars per 
 annum ; which said money shall be received by the commanding 
 officer of the company, and be by him applied to the payment of 
 armory rent or the purchase of uniforms for the rank and file 
 of the active members of his company, or to such purposes as 
 may be authorized by the by-laws of said company ; and the 
 commanding officer of every company shall on or before the first 
 day of June and December of every year render to the Adjutant 
 General an account of the money so received and expended by 
 him, and every such honorary member shall be entitled to receive 
 a certificate of honorary membership of the company, to be 
 signed as aforesaid, and bearing date at the time of its issue; 
 which certificates of membership, whether of uniformed and 
 active members or of honorary members, shall exempt the per- 
 son therein named from petit jury duty for the period of one 
 year from the date of his said certificate; provided, he files his 
 said certificate with the clerk of the court before the drawing 
 of the jury. 
 
 Albert, Sheriff, v. White, 33 Md. 297. 
 
 JUSTICES OF THE PEACE AND CONSTABLES. 
 
 1886, ch. 66. 1888, ch. 98, sec. 16. 1886, ch. 314. P. L. L., (1888) Art. 
 4, sec. 607. 1890, ch. 125. 1896, ch. 117. 1904, ch. 16. 
 
 1912. ch. 823. 
 
 623. The Governor, by and with the advice and consent of 
 the Senate, shall appoint twelve Justices of the Peace for each 
 of the legislative districts of lialtirnorc City, to be selected as 
 follows: One from each of the wards comprising each of said 
 districts, and six Justices of the Peace at large from each 
 of said districts, and shall further appoint fifty-three Justices 
 of the Peace, and no more, from Baltimore City at largo, who 
 shall be appointed from such wiuvl oi' wnrds as tlic (lovci-nor 
 may elect or determine. 
 
 .Tiistices of the Peace and Constal)los do not liol<l over, excciit ;is ilc 
 fdcfo oflif-ers. Their term expires two years from llicir ;iiii>oiiitiiMiit. 
 Claude v. Waysoii, 318 Md. 447.
 
 312 
 
 1902, ch. 611. 1904, cli. 521. 1910, ch. 41. 
 
 623A. In addition to the Justices of the Peace mentioned 
 in section 623 of this Article, there shall be appointed by the 
 Governor, by and with the advice and consent of the Senate, 
 and if the Senate shall not be in session, by the Governor, from 
 the City of Baltimore, at large, an additional Justice of the 
 Peace, to be known as the magistrate for juvenile causes, who 
 shall be a member of the bar of the Supreme Bench of Balti- 
 more City and shall receive from the Mayor and City Council 
 of Baltimore a salary of three thousand dollars per annum, pay- 
 able monthly, and the jurisdiction and powers of such justice 
 shall be as follows : ( 1 ) He shall possess the general powers of 
 police justice of the peace or justice of the peace selected to sit at 
 a station-house in the City of Baltimore, as the same are now 
 or may hereafter be defined by law. (2) He shall have exclusive 
 jurisdiction where jurisdiction is given by law to any justice 
 of the peace in Baltimore City, in all cases of trial or commit- 
 ment for trial, or commitment to any juvenile institution of 
 any minor under the age of sixteen years, and such magistrate 
 shall sit at such times as may be necessary for the proper dis- 
 charge of his duties at such proper place in the Courthouse in 
 Baltimore City as may be provided by the Superintendent of 
 Public Buildings. (3) He is empowered to appoint a suitable 
 person to act as his clerk, who shall receive from the Mayor and 
 City Council of Baltimore City a salary of one thousand dollars 
 per annum, payable monthly, and shall attend at such times and 
 places and perform such duties as may be directed by said justice, 
 and shall be removable by him at his discretion. Wlienever 
 any minor is arrested, he may be taken to such place other than 
 a station-house as may be designated by said justice and pro- 
 vided by the Superintendent of Public Buildings or the Mayor 
 and City Council of Baltimore; but, in the absence of such desig- 
 nation, such minor may be held at a station-house as hereto- 
 fore until brought before the justice ; and when such justice 
 shall commit any minor for trial or for hearing, he may commit 
 such minor to a suitable juvenile institution or other suitable 
 prison, instead of the Baltimore City Jail. The Board of 
 Police Commissioners for the City of Baltimore shall designate 
 two or more members of the police force to attend said justi(;e 
 and execute his powers and directions. The Governor shall 
 also appoint, by and with the advice and consent of the Senate, 
 and if the Senate shall not be in session, by the Governor, from 
 the City of Baltimore at large, an additional Justice of the 
 Peace who shall be a member of the bar of the Supreme Bench
 
 313 
 
 of Baltimore City, or the Governor may select from among 
 the present Justices of the Peace of Baltimore City, who shall 
 likewise be a member of the bar of said Supreme Bench, who 
 shall receive from the Mayor and City Council of Baltimore 
 City a salary of one thousand dollars per annum, payable month- 
 ly, and whose jurisdiction and powers shall be the same as 
 those conferred upon the Magistrate for Juvenile Causes and 
 who shall be designated by the Governor to sit in said court 
 in the absence by illness or otherwise and at other times upon the 
 request of and in the place of the said Magistrate for Juvenile 
 Causes. 
 
 1912, ch. 482. 
 
 623AA. The Magistrate for Juvenile Causes shall have, in 
 addition to the powers and the authority vested in him by 
 other sections of this article, the power and authority to enforce 
 obedience to his orders and judgments by attachment and to 
 inflict summary punishment for contempt of court by a fine not 
 exceeding in any one case the sum of twenty dollars ($20) ; 
 and said Magistrate for Juvenile Causes may make such rules 
 and orders from time to time for the well-governing and regu- 
 lating his Court and the officers and suitors thereof and under 
 such fines and forfeitures as he shall think fit, not exceeding 
 twenty dollars ($20) for any one offense; all of which fines 
 shall go to the State; provided, however, that the power afore- 
 said to punish for contempt shall not be construed to extend 
 to any cases arising in the Court of said Magistrate for Juvenile 
 Causes except the cases specifically set forth and provided for in 
 section 4 of Article 26, of the Code of Public General Laws 
 of Maryland as within the power of the several courts of the 
 State to inflict summary punishments for contempt of Court, 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 608. 1912, ch. 823. 
 
 624. Each of said Justices of the Peace, before entering 
 upon the duties of his office, shall give to the State of Maryland a 
 good and sufficient bond, with a surety or sureties to be approved 
 by the judge of the Superior Court of Baltimore City, in the 
 penalty of five thousand dollars ($5,000), with conditions that 
 he will truly and faithfully discharge, execute and perform all 
 and singular the duties and obligations of the office of Justice of 
 the Peace, and that he will acctouut for and pay over to the Clerk 
 of the Court of Common Pleas and to the Register of the City of 
 Baltimore, respectively, all fines, penalties and forfeitures and 
 all fees or the portion thereof, which he is bound to account for 
 and pay over to said respective officers; and that he will faith-
 
 314 
 
 fully and truly account for and pay over to the person or cor- 
 poration entitled to receive the same, all money belonging to 
 such person or corporation which may come into his hands as 
 Justice of the Peace. 
 
 As to liability of Justices of the Peace for official acts, see, Roth v. 
 Shupp, 94 Md. 57. 
 
 P. L. L., (1860) Art. 4, sec. 621. P. L. L., (1888) Art. 4, sec. 609. 
 
 1912, ch. 823. 
 
 625. It shall be the duty of the Governor, after the appoint- 
 ment of the Justices of the Peace provided for in section 623, 
 to select from the Justices of the Peace so appointed one Justice 
 of the Peace who shall be known as "Presiding Justice of the 
 Peace of the People's Court," and four other Justices of the 
 Peace who shall be known as "Associate Justices of the Peace of 
 the People's Court." Said Presiding Justice of the Peace of 
 the People's Court shall receive from the Mayor and City Coun- 
 cil of Baltimore a salary of $2,500 per annum, payable monthly, 
 and each of said Associate Justices of the Peace of the People's 
 Court shall receive from the Mayor and City Council of Balti- 
 more a salary of $2,100 per annum, payable monthly, and said 
 Justices shall receive no other compensation or fees whatever for 
 the performance of any duties as justices of the peace. And 
 said Justices shall sit for trial of cases on each day (except Sun- 
 days and legal holidays) from the hour of 1 o'clock P. M., at 
 such proper place in or near the Court House in Baltimore 
 City as may be provided by the Mayor and City Council of 
 Baltimore ; and one or more of said Justices, to be assigned by 
 said Presiding Justice, shall be on duty from 9 :30 o'clock A. M. 
 until 12 :30 o'clock P. M., for the purpose of issuing summons 
 and performing any other duties, except the trial of cases. Cases 
 may, however, be tried at any hour upon the joint consent of 
 all the parties and of the Justice. 
 
 For notes ou decisions relating to Justices of the Peace and powers 
 conferred by sections 626 and 627, see, notes, pages 219 to 222 inclusive, 
 Baltimore City Code (1879). 
 
 This Act valid as to Justices. Provision as to Constables void. 
 Levin v. Hewes, 118 Md. 624. 
 
 But city may provide for the Constables by ordinance. 
 Gould V. Baltimore, 119 Md. 534. 
 
 1912, ch. 823. 
 
 625A. It shall be the duty of said Presiding Justice of the 
 
 Peace to assign for trial to himself or to one of said Associate 
 
 Justices of the Peace, all cases removed to him as said Presiding 
 
 Justice of the Peace under the provisions of section 627 of this
 
 315 
 
 Article, or returnable before any Justice of the Peace of tlie 
 People's Court, and generally to supervise the work of the said 
 Associate Justices of the Peace and of the constables herein- 
 before provided for. 
 
 1912, ch. 823, 
 625B. Each of the Justices of the Peace provided for in sec- 
 tion 623 hereof, other than those specially provided for in sec- 
 tions 623A, 625 and 630 to 638, inclusive, of this Article, shall 
 receive from the Mayor and City Council of Baltimore a salary 
 of $10.00 per annum, as full compensation for the performance 
 by them of all duties of a civil, judicial nature ; but said Justices 
 of the Peace shall have the right to charge and retain all fees 
 arising from the taking of acknowledgments and affidavits. 
 
 625C. Void. Levin v. Hewes, 118 Md, 624 
 
 r. L. L., (1860) Art. 4, sec. 622. P. L. L., (1888) Art. 4, sec. 610. 
 1894, ch. 132. 1914. ch. 332. 
 
 626. ISTo Justice of the Peace, in any case of debt or dam- 
 ages whatever, shall issue a summons except on application for 
 the same, in writing, by the plaintiff or his attorney, accom- 
 panied with the bond, bill of exchange, promissory note or other 
 writing or account, or by a copy of such bond, bill of exchange, 
 promissory note, or other writing or account, by which the de- 
 fendant is so indebted ; or if the action be brought upon a verbal 
 or implied contract, or for damages arising in any manner 
 whatsoever, a statement of the particulars of the plaintift''s claim 
 thereunder shall accompany the said written application ; and 
 no Justice of the Peace shall issue an execution of any kind, 
 except on application for the same, in writing, by the party 
 entitled thereto or his attorney. 
 
 State V. Carrick, 70 Md. 589. 
 
 1868, ch. 375. P. L. L., (1888) Art. 4. sec. 611. 1894, ch. 132. 
 1912, ch. 823. 1914, ch. 354. 
 
 627. Every writ, warrant, summons or other process issued 
 by any Justice of the Peace shall be made returnable before the 
 Presiding Justice of the Peace of the People's Court, which 
 said Presiding Justice of the Peace of the People's Court shall 
 have the right to try any such case or to assign the same for 
 trial to any other Justice of the Peace of the People's Court. 
 
 P. L. L., (ISOO) Art. 4, sec. 624. P. L. L., (1888) Art. 4, sec. 612. 
 
 1912, ch. 823. 
 
 628. The said Justices of the Peace, other than the five 
 Justices of the People's Court, when called out of their offices
 
 316 
 
 for the purpose of taking acknowledgments and affidavits, may 
 receive such compensation for their services, in addition to the 
 fees prescribed by law, as the party requiring their services may 
 allow them. 
 
 629. Eepealed by Act of 1912, Chapter 823. 
 
 1882, ch. 219. 1890, ch. 230. P. L. L., (1888) Art. 4, sec. 614. 1892, ch. 
 
 651. 1894, ch. 197. 1896, ch. 131. 1898, ch. 123, sec. 630. 
 
 1898, ch. 429. 1912, ch. 777. 
 
 630. It shall be the duty of the Governor, after the appoint- 
 ment of the Justices of the Peace provided for in section 623 
 of this said Article 4, to select from the Jl^stices of the Peace 
 so appointed a Justice of the Peace to sit at each station-house 
 in the City of Baltimore, and in addition, two justices, or such 
 other number of justices as may be by law hereafter provided 
 for, of peace, to act at such times and places as is hereinafter 
 provided for. Each justice so selected shall keep his office at 
 the station-house for which he was appointed, and shall attend 
 at such station-house from 8 o'clock A. M. until 10 o'clock A. M. 
 on every day of the year except Sundays and legal holidays, 
 and from 3 o'clock P. M. until 5 P. M. on every day except 
 Sundays and legal holidays ; and upon every Sunday and legal 
 holiday shall attend at the station-house for which he was ap- 
 pointed from 9 o'clock A. M. until 11 o'clock A. M. (and for 
 the purpose of this section Saturday afternoons shall not be 
 considered legal holidays unless the whole of said Saturday may 
 be a legal holiday), and at each of said respective sittings shall 
 sit to hear, try and determine cases, and to perform all the 
 duties which he is required by law to perform. The said re- 
 spective Justices of the Peace, so selected to sit at any station- 
 house in the City of Baltimore, shall transact no other business 
 at such station-house except the business required of them, by 
 the several sections of this sub-title of this Article, to be by 
 them, respectively, performed at such station-house. The at- 
 tendance at any such station-house of an additional Justice of 
 the Peace shall be regulated and controlled by the Board 
 of Police Commissioners for the City of Baltimore; but the 
 Board of Police Commissioners in regulating the attendance of 
 an additional Justice of the Peace at a station-house shall not as- 
 sign any Justice of the Peace to said station-house, under this 
 section or section 63Y of this said Article 4, other than a Justice 
 of the Peace selected by the Governor to sit at a station-house 
 in said city, as long as one of the said Justices of the Peace so 
 assigned by the Governor shall be available for said purpose.
 
 317 
 
 1892, ch. 651. P. L. L., (1S88) Art. 4, sec. 614A. 
 
 631. When there is an arrest by an officer of the Police 
 Department in the City of Baltimore of any person for viola- 
 tion of an ordinance of the Mayor and City Council of Balti- 
 more or a statute of the General Assembly of the State of JMary- 
 land, punishable by fine and not by imprisonment, during the 
 hours when the Police Magistrates are not at their respective 
 station-houses, the police captain, lieutenant or other officer on 
 duty and in charge of such station is hereby authorized and 
 empowered to release for the next hearing before the Police 
 Magistrate any person so arrested upon a deposit of an amount 
 equal to the fine or costs or penalty imposed if found guilty, as 
 surety for such appearance, and after the hearing the deposit is 
 to be returned to the depositor if the complaint is dismissed, if 
 otherwise it is to be appropriated as designated by law. 
 
 Brish V. Carter, 98 Md. 452. 
 
 18S2, ch. 615. 1894, ch. 281. P. L. L., (1888) Art. 4, sec. 615. 1890, ch. 
 369. P. G. L., (1904) Art. 27, sees. 67A and 68. 1912, ch. 777. 
 
 632. Each of said Justices of the Peace shall have power 
 to hear, try and determine the case of every person who may 
 be arrested and brought before him in the said City of Balti- 
 more, charged with the violation of section 275 of Article 27 
 of the Code of Public General Laws of 1888, title "Crimes and 
 Punishments," and to hear, try and determine the cases of all 
 persons arrested and brought before him, charged with any 
 offense specified in sections 865 to 868, inclusive, of this said 
 Article 4, or in sections 881 to 884, inclusive, of this said Arti- 
 cle 4 ; and to hear, try and determine the cases of all persons 
 brought before him charged with the violation of Chapter 351 
 of the xVcts of 1898, or charged with any disturbance of the 
 public peace; and to hear, try and determine the cases of all per- 
 sons brought before him charged with assault or with assault 
 and battery ; provided that no justice of the peace shall impose 
 any fine exceeding $100 or any term of imprisonment exceeding 
 one year, in any case of assault, or assault and battery, and to 
 hear, try and determine all charges of carrying concealed 
 weapons and all violations of section 4 of this act ; and to hear, 
 try and determine all prosecutions or criminal proceedings for 
 an act done or omitted to be done in the City of Baltimore, the 
 doing of which act, or the omission to do which act, is or may be 
 punishable under any act of assembly of this State or under any 
 ordinance of the Mayor or City Council of Baltimore, by pecu- 
 niary fine only, not exceeding one hundred dollars; to hear, try 
 and determine the cases of all persons brought before him
 
 318 
 
 charged with the violation of laws relating to hawkers and 
 peddlers, and to hear, try and determine the cases of all persons 
 brought before him charged with the offense of indecent expo- 
 sure ; to hear, try and determine the cases of all persons brought 
 before him for Sunday gaming, Sunday work, Sunday sales 
 or Sabbath-breaking; and to hear, try and determine the cases 
 of all persons brought before him charged with being a vagrant 
 or with being an habitually disorderly person (not insane). 
 But it shall be the duty of the said justice before proceeding to 
 hear, try and determine any of the charges aforesaid, to inform 
 the party or parties charged therewith of his or their respective 
 rights to a jury trial ; and if a jury trial be prayed by the party 
 or parties charged, or if the State's Attorney for said city shall 
 before trial for the alleged offense pray a jury trial on the part 
 of the State, the justice shall forthwith commit or hold the 
 said party or parties to bail for trial in the Criminal Court of 
 Baltimore, and endorse on the commitment or recognizance the 
 fact of a jury trial having been prayed. It is hereby expressly 
 provided that the said justice shall not have power to try and 
 determine any violation of the Pul)lic General Laws of this 
 State relating to licenses (except violations of laws relating 
 to hawkers and peddlers heretofore mentioned), and shall not 
 have power to try and determine any violation of section 682 
 of this said Article 4, but shall cause all such offenders against 
 the Public General or Local Laws to be committed or held to 
 bail for trial in the Criminal Court of Baltimore. 
 
 Lancaster v. State, 90 Md. 211. 
 
 Trials before Justices of the Peace. 
 
 As to waiver of a jury trial before a Justice of the Peace and construc- 
 tion of Acts 1890, ch. 369 and 1894, ch. 281, see, State ex rel. Lancaster 
 V. Hall, Daily Record, June 28, 1899. 
 
 As to discretion of a Justice of the Peace concerning punishment in 
 cases of assault, see, State v. Hebron, Daily Record, September 3, 1903. 
 
 A commitment by a Justice of the Peace imposing an excessive pen- 
 alty where accused was committed to House of Correction was held void 
 only as to excessive part of penalty, Adams v. Superintendent of House 
 of Correction, Daily Record, April 3, 1903. 
 
 The Act 1898, ch. 167, was held to be constitutional in re, Loane v. 
 Affelder, Daily Record, July 2, 1898. 
 
 As to appeals from magistrates' judgments and trial of same, see, 
 Messick v. State, 82 Md. 583. Judefind v. State, 78 Md. 510. As to 
 right of jury trial in appeals from magistrates' decisions, see, Danner v. 
 State, 89 Md. 220. As to jurisdiction of magistrates, see. Roth v. State, 
 89 Md. 524. 
 
 What constitutes a waiver of Jury trial. 
 
 Baum V. Warden of City Jail, 110 Md. 579.
 
 319 
 
 1912, ch. 777. 
 632A. In all cases in wliicli any person is tried and com- 
 mitted before any Jnstice of the Peace assigned to any of tlie 
 police stations in the City of Baltimore, and sentenced by him to 
 any imprisonment (other than imprisonment in default of pay- 
 ment of fines) or to any fine of over $50 (exclusive of costs), 
 he may within ten days after sentence, exclusive of the day 
 of sentence, pray an appeal to the Criminal Court of Baltimore 
 upon waiving his right to plead on the trial of said appeal in 
 said Criminal Court, his former jeopardy resulting from his 
 said trial and conviction before said justice, no formal waiver 
 of said right to plead said former jeopardy shall be necessary; 
 and a prayer for an appeal under this section to said Criminal 
 Court shall be construed as a waiver of said right to plead said 
 former jeopardy, and in the event of such appeal being so 
 prayed, the said justice shall forthwith endorse on the com- 
 mitment the fact of an appeal being prayed, together with a list 
 of the names and addresses of the witnesses for the State, and 
 forthwith transmit the papers, together with a copy of the com- 
 mitment, with the names and addresses of the witnesses for the 
 prosecution endorsed thereon, to the office of the Clerk of the 
 Criminal Court of Baltimore, and the said person shall there- 
 afterward be tried de novo in the Criminal Court of Baltimore, 
 in the same manner as if the said case had been originally 
 brought before the said court without the necessity of present- 
 ment or indictment by the grand jury; and the said court, upon 
 said trial de novo, may impose any sentence avithorized by law 
 to be imposed as punishment for the offense charged irrespective 
 of the sentence imposed by the Justice of the Peace below, pro- 
 vided, however, that the trial in the Criminal Court of Balti- 
 more shall be by jury, if demanded by the party charged ; pro- 
 vided further that upon the trial in the Criminal Court of Balti- 
 more of such appeals under this section, the same fees and costs 
 shall be taxed in said cases on appeal as would obtain in like 
 cases where trial is had upon presentment and indictment by 
 the grand jury ; provided, further, that no appeal shall be prose- 
 cuted under this section after payment of the fine or after 
 expiration of the sentence imposed by the justice. And, in case 
 of appeal prosecuted under this section, the convicted party shall 
 be entitled to be admitted to bail for his appearance in the 
 Criminal Court of Baltimore, pending the hearing of such ap- 
 peal, upon furnishing surety to be fixed by the said justice for 
 his appearance in the Criminal Court of Baltimore, or upon 
 furnishing such surety for his said appearance as the Criminal 
 Court of Baltimore may require.
 
 320 
 
 1912, ch. 777. 
 
 632B. In all cases in which the convicted person shall have 
 the right of appeal to the Criminal Court of Baltimore, under 
 said section 632A, said convicted person personally or by his 
 agent or attorney may, if committed to jail, notify in writing 
 warden of the Baltimore City Jail, or if committed to the House 
 of Correction, the superintendent of the Maryland House of 
 Correction, of his desire to pray an appeal to the Criminal 
 Court of Baltimore from the judgment of said Justice of the 
 Peace (and no formal prayer for appeal shall he required beyond 
 a statement in writing indicating an intention on the part of 
 the said convicted person to appeal from sentence imposed upon 
 him) ; and upon receipt of said notice or prayer for appeal by 
 the said warden of the Baltimore City Jail or said superinten- 
 dent of the Maryland House of Correction, the person so re- 
 ceiving the same shall endorse thereon the time of such receipt 
 by him, forthwith transmit by mail or otherwise said order of 
 appeal, together with a copy of the commitment in said case, to 
 the said Justice who has sentenced the said person ; and said 
 Justice, upon receipt of said order or prayer for appeal, shall 
 endorse thereon the date of its receipt by him and transmit to 
 the Criminal Court of Baltimore a copy of the commitment 
 of the said Justice in said case, with a list of the names and 
 addresses of the witnesses for the prosecution endorsed thereon, 
 together with said order or prayer for appeal. 
 
 1912, ch. 777. 
 
 632C. In all cases in which the convicted person is entitled 
 to an appeal under said section 63 2 A, and fails to prosecute 
 his appeal within the time provided in said section, it shall there- 
 inafterward conclusively presumed that the said Justice in- 
 formed the said party charged of his right to a jury trial in 
 said case, and that the said party waived the same. 
 
 1912, ch. 777. 
 
 632D. In all cases in which any said Justice of the Peace 
 assigned to any station-house in Baltimore City may impose 
 as a penalty for the crime any sentence of imprisonment, the 
 said Justice may in his discretion, impose imprisonment either 
 in the Baltimore City Jail or in the Maryland House of Cor- 
 rection ; but in all cases in which the said imprisonment is im- 
 posed only in default of the payment of fine or costs, the said 
 imprisonment shall be only in the Baltimore City Jail.
 
 321 
 
 1912, ch. 777. 
 632E. Wlienever application is made iTpon oatli before any 
 Justice of the Peace, assigned to any of the station-houses in the 
 City of Baltimore for the issuance of a warrant for the arrest 
 of any person or persons charged with the violation of any ordi- 
 nance of the Mayor and City Council of Baltimore, the viola- 
 tion of which ordinance is punishable by a pecuniary line only 
 of not more than $100, the said Justice of the Peace may, in his 
 discretion, instead of then issuing said warrant, issue a summons 
 to the person for whom the said warrant is asked, to show 
 cause before him on the day when said summons is made return- 
 able why the said warrant should not be issued. 
 
 1912, ch. 777. 
 
 632F. In all cases where application is made to any Justice 
 of the Peace assigned to any station-house in the City of Balti- 
 more, for a warrant for the arrest of any person charged with 
 the commission of a bailable offense, it shall be the duty of the 
 said Justice of the Peace before issuing said warrant to deter- 
 mine the amount of bail to be required in the case of the person 
 so charged ; and the said Justice of the Peace before issuing said 
 warrant shall also endorse upon said warrant the amount of bail 
 so determined as aforesaid. Wlien any person shall be arrested 
 and brought to any station-house in the City of Baltimore, under 
 a warrant so endorsed as aforesaid, during the absence of the 
 Justice of the Peace assigned thereto, the police captain, lieu- 
 tenant or other police officers, in charge of said station-house, 
 shall release for the next hearing before said Justice of the 
 Peace, such person so arrested as aforesaid, upon his furnishing 
 security for his appearance at said hearing in double the amount 
 endorsed upon said warrant. The Justice of the Peace aforesaid 
 may at any time change the amount of required bail, so deter- 
 mined and endorsed as aforesaid and shall in such case endorse 
 such change upon said warrant if then accessible to said Justice, 
 and if not, then endorse the same upon said warrant upon the 
 return of said warrant, but in no case where the offense charged 
 is punishable by fine alone and not by imprisonment shall the 
 Justice at any time determine and endorse upon the warrant an 
 amount of required bail greater than the maximum fine im- 
 posed by law for the commission of the offense charged. .Noth- 
 ing in this section shall be construed as inconsistent with sec- 
 tion 631 of Article 4 of the Public Local Laws of Maryland, 
 entitled "City of Baltimore," sub-title "Justices of -the Peace 
 and Constables," as repealed and re-enacted with auicndmenta 
 by Chapter 123 of the Acts of 1898. 
 
 (12)
 
 322 
 
 1912, cli. 777. 
 
 632Ct. Any police justice of the City of Baltimore shall have 
 the right to issue a summons for the attendance of any witness 
 in any case under consideration by said justice, pursuant to the 
 provisions of section 632, and upon the failure of any person 
 to attend said station-house in response to said summons at the 
 time and place mentioned in said summons, he shall be liable, 
 in the discretion of the said police justice, to a fine not exceed- 
 ing $5.00 for his non-attendance in response to the said sum- 
 mons, which fine shall be collected as other fines are collected, 
 provided, however, the proof shows that a written or printed 
 notice of said summons was duly delivered to the said witness 
 in person 'by some one duly authorized under the law to summon 
 witness in such case. 
 
 1912, ch. 777. 
 
 632H. The said several Justices of the Peace, assigned to the 
 station-houses in Baltimore City, shall have the right to pre- 
 serve order and decorum when sitting at the said station-houses 
 in the discharge of their duties as such police justices, and shall 
 have the right to punish any breach of order or decorum com- 
 mitted in their presence, by a fine not exceeding $10.00, to be 
 collected as other fines are collected. Provided, that in all cases 
 where fine is imposed under this section the party on whom the 
 said fine is imposed, if he feels aggrieved thereby, may within 
 three days (exclusive of the date of the imposition of said 
 fine) appeal to the Criminal Court of Baltimore from the action 
 of the said police justice in such case ; and pending the hearing 
 of said appeal, shall give surety for his appearance in the 
 Criminal Court of Baltimore in a sum to be fixed by the said 
 justice, which sum shall not be in excess of twice the amount of 
 said fine imposed ; and the person, on whom such fine is imposed 
 under this section, shall at his option, instead of furnishing 
 surety for his appearance, have the right, pending his appeal, 
 to deposit with the justice a sum in cash double the amount 
 of the fine imposed, as collateral security for his appearance 
 in the Criminal Court of Baltimore on said appeal. Provided, 
 no appeal shall be allowed under this section after payment of 
 the fine, but deposit of cash, as such collateral security in double 
 the amount of the fine shall not be construed to be a payment 
 of the said fine, 
 
 1882, ch. 219. P. L. L., (1888) Art. 4, sec. 616. 
 
 633. In all criminal prosecutions or proceedings which, 
 under the provisions of the preceding section, may be heard,
 
 323 
 
 tried and determined before a Justice of the Peace sitting at a 
 station-house in the City of Baltimore, it shall be the duty of 
 such Justice of the Peace before whom such case is tried, in the 
 event of the conviction of the accused at the said trial, to impose 
 upon the said accused so convicted, the fine, or the fine and 
 punishment prescribed in case of such conviction by the Act of 
 Assembly of this State, or by the ordinance of the Mayor and 
 City Council of Baltimore, for the violation of which the 
 accused was so tried. Any person sentenced to the payment of 
 any fine, and to the payment of the costs of his prosecution, who 
 shall not forthwith pay the said fine and the costs of said 
 prosecutio]!, shall be committed by such Justice of the Peace to 
 the jail of Baltimore City until such fine and costs are paid, or 
 until the said person shall be discharged from such jail by the 
 due course of law. 
 
 1882, ch. 219. P. L. L., (1888) Art. 4, sec. 617. 
 
 634. When a person charged with any oft'ence referred to in 
 this sub-division of this Article, or the State's Attorney, shall 
 pray a jury trial, the Justice of the Peace shall, in addition to 
 his duties prescribed in section 632, endorse upon said commit- 
 ment or recognizance the names and residences of the witnesses 
 for the prosecution; and such commitment or recognizance so 
 endorsed shall be returned forthwith to the Clerk of the said 
 Criminal Court of Baltimore. 
 
 1876, ch. 28. P. L. L.. (1888) Art. 4, sec. 618. 
 
 635. The Justice of the Peace, so selected to sit at any sta- 
 tion-house, may be changed from time to time by the Governor, 
 at his discretion, and any other Justice of the Peace may be 
 selected by the Governor to perform the said duties at said 
 station-house. ■ 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 619. 
 
 636. Each Justice of the Peace selected to sit at a station- 
 house in the City of Baltimore shall receive the sum of one 
 hundred and seventy-five dollars per month, or a proportionable 
 part thereof, so long as he shall continue to act at a station- 
 house in said city, under the selection of the Governor; which 
 sum of money shall be paid to him by the City Tiogistcr at the 
 end of each month of his said service, or a proportionable part 
 thei-eof, at the end of any portion of a month at which the ser 
 vice of such Justice of the Peace at said station-house may ter- 
 minate, upon the certificate of the Board of Police Commis- 
 sioners of Baltimore City, that such service has been rendered
 
 324 
 
 under the appointment of the Governor as aforesaid; and no 
 Justice of the Peace selected for a station-house shall be per- 
 mitted to charge any fee, or receive any gratuity for granting 
 any release, or for the performance of any duty required by 
 law. 
 
 1880, eh. 461. P. L. L., (1888) Art. 4, sec. 620. 
 
 637. If any Justice of the Peace who has been selected as 
 aforesaid to sit at any station-house in the City of Baltimore is 
 unable, by reason of sickness or other unavoidable cause, to 
 attend to his duty at said station-house, or fails to attend at said 
 station-house, at any time, when his presence is there required, 
 it shall be the duty of the Board of Police Commissioners of 
 Baltimore City to require another Justice of the Peace to per- 
 form the duties at said station-house, of the said Justice of 
 the Peace so sick or absent ; and it shall be the duty of the 
 Justice of the Peace so required to perform said duties at said 
 station-house, to perform the same so long as may be necessary, 
 or until the Governor shall select another Justice to perform 
 said duties ; the Justice of the Peace so required to perform 
 said duties at said station-house, by the said Board of Police 
 Commissioners, in place of the Justice selected by the Gover- 
 nor, shall receive six dollars per day for every day he shall 
 actually serve at such station-house ; which pay shall be deducted 
 from the pay provided to be paid to the Justice selected to sit 
 at such station-house and failing to attend ; provided, that said 
 pay of the said Justice who may sit in the absence of the Justice 
 so selected to sit at any station-house, shall not be deducted 
 from the pay of the said last-named Justice, if the said Board 
 of Police Commissioners shall certify that such absence was by 
 reason of his necessary attendance upon any court or Justice 
 of the Peace of said State, under its process, nor when such 
 absence shall not exceed fifteen days in the course of any one 
 year, and when the said Board of Police Commissioners shall 
 certify that such last-named absence, not exceeding fifteen days, 
 as aforesaid, was occasioned by sickness or other unavoidable 
 cause. 
 
 1888, ch. 336. P. L. L., (1888) Art. 4, sec. 621. 
 
 638. The said station-house Justices are granted a leave 
 of absence, with pay, for fifteen days during each and every 
 year; and the Board of Police Commissioners are authorized 
 to designate one of the civil magistrates to act in their place 
 during said absence, who shall be paid the same as the station- 
 house Justices receive.
 
 325 
 
 18TG, ch. 2S. P. L. L., (ISSS) Art. 4, sec. 622. 
 
 639. Xo Justice of the Peace appointed under the provi- 
 sions of section 623 shall be paid by the City of Baltimore any 
 fee for issuing any State writ, or for any search warrant, or 
 for taking the recognizance of any witness, or for taking any 
 recognizance in any case reported to court, or for any commit- 
 ment or release, or for issuing any subpoena in any criminal 
 case, or in any case instituted to recover any fine, penalty or 
 forfeiture claimed by the State of JMaryland, or by the Mayor 
 and City Council of Baltimore ; and no police otficer or con- 
 stable shall be paid by the ]\Iayor and City Council of Balti- 
 more any fee for the service of any subpoena or process in any 
 criminal case, before any Justice of the Peace, or for service 
 of any subpoena or process in any case pending before any Jus- 
 tice 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. 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 623. 
 
 640. It shall be the duty of the officers of police, police- 
 men and detectives appointed by the Board of Police Commis- 
 sioners of Baltimore City, to serve and execute any and all 
 writs, warrants, subpoenas and commitments, which may be is- 
 sued by any Justice of the Peace selected to sit at the station 
 houses in the City of Baltimore as hereinbefore provided. 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 624. 
 
 641. Whenever any Justice of the Peace appointed under 
 the provisions of this sub-division of this Article other than 
 one of the Justices selected as aforesaid to sit at a station- 
 house as aforesaid, shall issue a State writ for the a^'rest of 
 any person, or shall issue any writ or summons against any 
 person or corporation to recover any fine, penalty, or forfeiture, 
 under any law of this State, or under any ordinance of the 
 Mayor and City Council of Baltimore, such writ or summon? 
 shall be made returnable before one of the Justices of the 
 Peace selected by the Governor to sit at a station-house in the 
 City of Baltimore, and shall not be made returnable before the 
 Justice of the Peace issuing the same, unless he be one of the 
 Justices of the Peace selected to sit at a station-house as afore- 
 said. 
 
 1876, ch. 28. p. L. L.. (1S88) Art. 4, sec. 62.5. 
 
 642. Whenever any person shall be ai-i-cstcd ii])()ii any ci'iiiii- 
 nal charge, or for the violation of any hiw (if tliis State, or of 
 any ordinance of the Mayor and ('ity ('oiiiicil of Halt inioi-c, it
 
 326 
 
 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. 
 
 Police Justice has no jurisdiction to try violations of the motor vehicle 
 A<?t. Ruggles V. State, 120 Md. 556. 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 626. 
 
 643(. Every Justice of the Peace appointed under the pro- 
 visions of this sub-division of this Article, shall file with the 
 Clerk of the Court of Common Pleas, on the first day of April, 
 July, October and January, in each and every year, an account 
 verified by his oath or affirmation, of all fines, forfeitures and 
 penalties imposed by him under the laws of this State, during 
 the three preceding months ; which said account shall show the 
 names of the respective defendants, the Acts of Assembly under 
 which said fines, forfeitures and penalties were respectively 
 imposed, and the amounts paid in each case by the said re- 
 spective defendants ; and the said Justice of the Peace, at the 
 time of filing said account shall pay over to the said clerk the 
 amount of said fines, penalties and forfeitures so received, or 
 the portion thereof to which the State of Maryland is entitled, 
 to be accounted for by said clerk as other moneys of the State 
 are accounted for by him. 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 627. 
 
 644. Every Justice of the Peace appointed under the pro- 
 visions of this sub-division of this Article shall file witli the 
 City Register, on the first day of April, July, October and 
 January in each and every year, an account verified by his oath 
 or affirmation, of all fines, forfeitures and penalties imposed by 
 him under the ordinances of the Mayor and City Council of 
 Baltimore during the three preceding months ; which said 
 accounts shall show the names of the respective defendants, the 
 ordinances under which said fines, penalties or forfeitures were, 
 respectively, imposed, and the amounts paid in each case by
 
 327 
 
 said respective defendants ; and the said Justice of the Peace at 
 the time of filing said account shall pay over to the said Register 
 the amount of said fines, penalties and forfeitures so received, 
 or the portion thereof to which the ]\Iayor and City Council of 
 Baltimore is entitled, to be accounted for by said Register as 
 other moneys of the said citv are accounted for bv him. 
 
 187G, ch. 28. P. L. L., (1888) Art. 4, sec. 628. 
 
 645. If any Justice of the Peace shall not have imposed or 
 received any such lines, forfeitures or penalties, or any portion 
 thereof, as are mentioned and described in the said two preced- 
 ing sections, in the said three months preceding the time herein- 
 before prescribed for filing said accounts, he shall file an affi- 
 davit or affirmation to that effect at the time prescribed for 
 filing said accounts. 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 629. 
 
 646. All costs paid to any Justice of the Peace sitting at any 
 station house shall be accounted for and paid by said Justice to 
 the Board of Police Commissioners of Baltimore City, to be by 
 them applied as directed by section 750 of this sub-division of 
 this Article. 
 
 P. G. L., (1860) Art. 18, sec. 25. P. L. L., (1888) Art. 4, sec. 630. 
 
 647. It shall not be lawful for the Justices of the Peace of 
 the City of Baltimore to take supersedeas of any judgment 
 recovered in the Court of Common Pleas, the Superior Court 
 of Baltimore City, or Baltimore City Court, or any decree of the 
 Circuit Court or Circuit Court Number Two of Baltimore City, 
 but such supersedeas shall be taken by the clerks of said courts 
 respectively. 
 
 1864, ch. 179. 1870, ch. 39. P. L. L., (1888) Art. 4, sec. 31. 1912, 
 
 ch. 823. 1914, ch. 242. 
 
 648. if any -Justice of the Peace in Baltimore City dies, 
 resigns or is removed, or upon the expiration of his official 
 term, his docket and papers shall be delivered to the Clerk of 
 the City Court within thirty days thereafter; provided, how- 
 ever, that this section shall not apply to any of the five Justices 
 of the Peace assigned to the Peoples' Court, whose dockets and 
 papers shall be retained in the custody of the Chief (Vmstable. 
 Any Justice of the Peace of tlie Peoples' ("oui't iiuiy issue 
 process upon any docket of any -Justice of the Peace in the 
 ciistoflv of the said Chic^f (V)iistiibie that he might issue if the 
 docket had been kept by liimscU', and shall have fnll power and
 
 328 
 
 authority to complete any process that has been begun any time 
 by any other Justice of the Peace of the Peoples' Court, and 
 this power shall include the power of certifying to the records 
 of any Justice of the Peace of the Peoples' Court by any of the 
 other Justices of the Peace of said Court. 
 
 1876, ch. 28. P. L. L., (1888) Art. 4, sec. 633. 
 
 649. If any Justice of the Peace or constable appointed 
 under the provisions of this sub-division of this Article be con- 
 victed in a court of law, of any misdemeanor in office, his re- 
 moval from said office shall be part of the sentence or judgment 
 pronounced upon him by the said Court. No constable shall 
 deputize any person to act in the service of any writ whatever 
 for or i^ his behalf. 
 
 LANDLORD AND TENANT. 
 
 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 634. 
 
 650. Ill all cases of any demise or agreement for rental, 
 express or implied, verbal or written, hereafter to be made of 
 lands or tenements, whether real estate or chattels real, within 
 the limits of the Cit}^ of Baltimore, for less term than three 
 calendar months, the remedy of distress for rent due be and the 
 same is hereby taken away and altogether superseded. 
 
 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 635. 
 
 651. Whenever the tenant under any such demise or agree- 
 ment of rental, express or implied, verbal or written, of lands or 
 tenements, whether real estate or chattels real within the limits 
 of the City of Baltimore, shall fail to pay the rent, thereunder 
 when due and payable, it shall be lawful for the lessor to have 
 again and re-possess the premises so rented. 
 
 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 636. 
 
 652. Whenever any lessor shall desire to have again and re- 
 possess any premises to which he is entitled under the provisions 
 of the preceding section, he, or his duly qualified agent or attor- 
 ney, shall make his written complaint under oath or affirmation, 
 before any Justice of the Peace of the City of Baltimore, and 
 describing therein in general terms the property sought to be 
 had again and re-possessed as aforesaid, and also setting forth 
 the name of the tenant to whom the same is rented, or his 
 assignee or under tenant or tenants, with the amount of rent 
 thereon due and unpaid ; and praying by warrant to have again 
 and re-possess the premises, together with judgTiient for the
 
 329 
 
 amount of rent dne and costs; and it shall therenpon be the 
 duty of said Justice of the Peace forthwith to issue his sum- 
 mons, directed to any constable of the City of Baltimore, and 
 ordering him to notify said tenant, assignee or under tenant 
 forthwith to appear before the said Justice of the Peace, at the 
 trial to be held on the second day after the filing of said com- 
 plaint, to show cause why the prayer of said lessor should not 
 be granted as aforesaid, and the said constable shall forthwith 
 proceed to serve said summons upon said tenant, assignee or 
 under tenant in said premises, or upon his or their known or 
 authorized agent, but if for any reason, neither said tenant, 
 assignee or under tenant, nor his or their agent can be found, then 
 said constable shall affix an attested copy of said summons con- 
 spicuously upon said premises, and such affixing of said sum- 
 mons shall, for the purposes of this sub-division of this Article, 
 be deemed and construed a sufficient service upon all persons 
 whomsoever. 
 
 ISSS, ch. 4S7. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 637. 
 
 653. If at the trial on the second day aforesaid, the Justice 
 of the Peace shall be satisfied the interest of justice will be 
 better served by an adjournment to enable either party to pro- 
 cure his necessary witnesses, he may adjourn the trial for a 
 period not exceeding one day, except by consent of all parties, 
 and if at said trial or due adjournment thereof as aforesaid, it 
 shall appear to the satisfaction of the Justice of the Peace be- 
 fore whom said complaint has been made and tried as aforesaid, 
 that the rent or any part of the rent for said premises is actually 
 due and unpaid, then the said Justice of the Peace shall give 
 judgment in favor of said lessor for the amount of rent found 
 due, with costs of suit, and shall order that said tenant and all 
 persons claiming or holding by or under said tenant shall yield 
 and render up possession of said premises unto said lessor, or 
 imto his duly qualified agent or attorney within two days there- 
 after ; 'provided, however that if the said tenant, or some one for 
 him, shall at said trial or due adjournment thereof as afore- 
 said, tender the rent found to be due and unpaid, too'ether with 
 the costs of said suit, the said complaint shall be entered satis- 
 fied and no further proceedings sliall be had thereunder. 
 
 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 638. 
 
 654. in case judgment shall be given in favor of said lessor 
 ill rlic iiKiiiiicr aforesaid, and the tenant shall fail to comply 
 with tlie r('(|uii'('nients of tli(! said order within two days afore- 
 said, the said -Justice of the Peace shall, on or at any time after 
 the expiration of said two days, issue his warrant, directed to
 
 330 
 
 any constable of the City of Baltimore, that the lessor may 
 elect, ordering him to cause said lessor to have again and re- 
 possess said premises by putting him (or his duly qualified 
 agent or attorney for his benefit) in possession thereof, and for 
 that purpose to remove from said premises, by force if neces- 
 sary, all the furniture, implements, tools, goods, effects or other 
 chattels of every description whatsoever belong^ing to said 
 tenant, or to any person claiming or holding by or under said 
 tenant. 
 
 18SS, cb. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 639. 
 
 655. The tenant may appeal from the judgment of the 
 Justice of the Peace to the Baltimore City Court, at any time 
 within two days from the rendition of such judgment; the 
 tenant in order to stay any execution of the judgment, shall 
 give a bond to the landlord with one or more securities, who are 
 owners of sufficient leasehold or real estate in Baltimore City, 
 with condition to prosecute the appeal with effect, and answer 
 to the landlord, his executors, administrators, in all costs and 
 damages mentioned in the judgment, and such other damages 
 as shall be incurred and sustained by reason of said appeal ; the 
 aforesaid bond shall not affect in any manner the right of the 
 lessor to proceed against said tenant, assignee or under tenant 
 for any and all rents that may become due and payable to the 
 lessor after the rendition of said judgment. 
 
 Appeals from Judgments of Justices of the Peace. From a judgment 
 rendered under the Act 1888, ch. 487, an appeal will lie to the Baltimore 
 City Court. 
 
 Stewart v. Duvall, Daily Record, March 7, 1889. 
 
 In connection with section 655, sec, Knell v. Briscoe, 49 Md. 420. 
 
 1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 640. 
 
 656. The fee and charges of the Justice of the Peace and 
 constables under this Article shall be the followino; and no 
 other: "First costs," to the Justice of the Peace for preparing 
 the written complaint and taking the affidavit of the plaintiff 
 thereto, twenty-five cents, and for issuing the summons to the 
 tenant and preparing attested copy, twenty-five cents ; "second 
 costs," for every judgment rendered where there is no trial, 
 twenty-five cents; for every judgment rendered on trial, fifty 
 cents, and ten cents additional for every witness sworn or ex- 
 amined; "third costs," for preparing and taking the bond of 
 tenant in case of appeal, twenty-five cents ; for the warrant for 
 re-entry (in case it be issued), twenty-five cents; "first costs," 
 to the constable for serving the summons, forty cents ; "second
 
 331 
 
 costs/' for executing the warrant for re-entry, one dollar; and 
 any Justice of the Peace or constable who shall charge or receive 
 more than the actual fees prescribed for each specific act per- 
 formed as the case proceeds, shall be deemed guilty of a misde- 
 meanor, and on conviction thereof shall be subject to and pay a 
 fine or penalty of not less than one hundred dollars or more tban 
 three hundred dollars for each offence, one-half thereof for the 
 use of the State, and the other half thereof to the person that 
 shall first prefer the charge against such offender. 
 
 15)14, ch. 331. 
 
 656V2, In all cases of any demise or agreement for rental, 
 express or implied, verbal or written, whether real estate or 
 chattels real, within the City of Baltimore, except as provided 
 in section 650 of this sub-title, distraint for rent shall be made 
 only by the Sheriff or a constable of Baltimore City, and all 
 warrants for such distraint shall be directed onlv to the Sheriff 
 or a constable of Baltimore City. 
 
 LAKCEK'Y. 
 
 1900, ch. 739. 
 
 656a. ^N"© person in the City of Baltimore shall purchase 
 from a child or minor under the age of sixteen years any hard- 
 ware, plumbing, gas or electric fixtures, tools, household uten- 
 sils, books, ornaments, jewelry, poultry, or animals of any kind, 
 unless the said child or minor under the age of sixteen vears is 
 accompanied by his or her parent or guardian, or by some adult 
 person known to the purchaser, who shall certify that the said 
 child or minor under the age of sixteen years has come by the 
 goods honestly, and has a right to sell the same. 
 
 1900, ch. 739. 
 656b. Any person offending against the preceding s(H'tions, 
 and any person falsely certifying that he knows the child or 
 minor under the age of sixteen, years has obtained the goods 
 honestly, and has a right to sell the same, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall be 
 fined not more than two hundred dollars, or connnitted to jail 
 for not more than six months, or fined and imprisoned as afore- 
 said. 
 
 1900, cli. 739. 
 
 656c. Xothing in this Act shall in any way affect section 
 371, Article 27, of the Maryland Code of rublic Ceiieriil haws, 
 entitled "iieceiving Stolen Goods, Money or Securities."
 
 332 
 
 LEGISLATIVE DISTKICTS. 
 WAKDS. 
 
 1898, ch. 10. 
 656d. It shall be the duty of the Board of Svipervisors of 
 Elections of Baltimore City to proceed forthwith to divide and 
 lay off the City of Baltimore into twenty-four wards, to be each 
 as regular and compact in form as may be practicable, and 
 having according to the police census taken in December, 18U7, 
 as nearly as may reasonably be practicable, equal population, 
 and in such manner that no ward shall exceed or fall short by 
 more than fifteen per cent, of the number of inhabitants ^ it 
 would contain if it was so laid off as to include within its 
 boundaries precisely one-twenty-fourth of the aggregate popu- 
 lation of the city, and the said Board of Supervisors shall 
 number the said wards from one to twenty-four consecutively. 
 
 1898, ch. 10. . 
 656e. When the said twenty-four wards are so laid out by the 
 said Board of Supervisors of Elections of the City of Baltimore, 
 as hereinbefore directed, it shall be the duty of the said board 
 to make or cause to be made in a proper book, a careful descrip- 
 tion of the boundaries of each of the said wards, so numbered 
 as aforesaid, under its proper number, and after making a care- 
 ful and exact copy of the same in another proper book, and 
 after verifying the said original book and the said copy by their 
 signatures, to deposit the original book in the clerk's office of 
 the Superior Court of Baltimore City, and it shall be the duty 
 of the said clerk of the said court, to record the same anions the 
 Land Records of his office, and a copy of the description or de- 
 scriptions contained in the said record of the boundaries of any 
 one or more wards therein mentioned and described, shall be 
 evidence of the boundaries of such ward or wards so laid out as 
 aforesaid, and the copy of said original book so made and so 
 verified, as aforesaid, by the said Board of Supervisors of Elec- 
 tions of Baltimore City shall .alwavs be retained in the office of 
 the said board among the records of the said board. 
 
 1898, ch. 10. 
 656f. When said book containing the said descriptions of 
 the said wards of the City of Baltimore so laid out as aforesaid, 
 has been deposited for record in the clerk's office of the Superior 
 Court of Baltimore Cit.y, then the said wards, as in said book 
 described, and laid, shall thereafter be deemed to be the several 
 wards of Baltimore City.
 
 333 
 
 1898, ch. 10. 
 
 656i:'. It shall be the duty of the said Board of Supervisors 
 of Elections to complete the said work of dividing the said City 
 of Baltimore into wards, as provided by this Act, and of pre- 
 paring the books showing such division as aforesaid and of de- 
 positing for record the book showing such division as herein- 
 before directed within thirty days after the passage of this Act. 
 
 1898, ch. 10. 
 
 656h. The said Board of Supervisors of Elections shall, after 
 the said wards shall be laid oft" as aforesaid, proceed to divide 
 each of said wards into a suitable number of election precincts, 
 in the manner prescribed in section 124 of Article 33 of the 
 Code of Public General Laws, as the same was amended and 
 re-enacted by the Act of 1896, chapter 202, and by the Act of 
 1904, ch. 254, provided, however, that the said Board of Super- 
 visors of Elections shall not be required to have published more 
 than one insertion of the advertisement of such precinct, or of 
 the boundaries of such precinct, required by said section 124 of 
 said Article 33 to be made. 
 
 1898, ch. 10. 
 
 656i. The said Board of Supervisors of Elections in the 
 City of Baltimore shall cause maps to be made of the said new 
 wards and precincts in the manner required by section 126 of 
 Article 33 of the Code of Public General Laws, as amended and 
 re-enacted by the Act of 1896, chapter 202. 
 
 1898, ch. 123, sec. 0.57. 1901. ch. 8. 
 
 657. The twenty-four wards, into which the City of Balti- 
 more is now divided, shall be numbered as follows: The present 
 first ward shall in future be known and numbered twenty-second 
 ward ; the present second ward shall in future be known and 
 numbered fourth wai'd; the present third ward shall in future 
 be known and numbered fifth ward ; the present fourth ward 
 shall in future be known and numbered third ward ; the present 
 fifth ward shall in future be known and numbered second ward : 
 the present sixth ward shall in future be known and numbered 
 first ward; the present seventh ward shall in futui'c be known 
 and numbered sixth ward; the present eiiilith ward shall in 
 future be known imd nnnibered seventh ward ; the present ninth 
 ward shall in future be known and numbered eighth ward; the 
 j)resent tenth ward shall in future be known and nund)ered 
 tenth ward; the ])resent eleventh ward slndl in future be known
 
 334 
 
 and numbered ninth ward; the present twelfth ward shall in 
 future be known and numbered twelfth ward ; the present thir- 
 teenth ward shall in future be known and numbered eleventh 
 ward; the present fourteenth ward shall in future be known and 
 numbered seventeenth ward ; the present fifteenth ward shall in 
 future be kno\\ai and numbered fourteenth ward ; the present 
 sixteenth ward shall in future be known and numbered thir- 
 teenth ward ; the present seventeenth ward shall in future be 
 known and numbered fifteenth ward ; the present eighteenth 
 ward shall in future be known and numbered sixteenth ward; 
 the present nineteenth ward shall in future be known and num- 
 bered twentieth ward ; the present twentieth ward shall in 
 future be known and numbered nineteenth ward ; the present 
 twenty-first ward shall in future be known and numbered eigh- 
 teenth ward ; the present twenty-second ward shall in future be 
 known and numbered twenty-first ward; the present twenty- 
 third ward shall in future be known and numbered twenty-third 
 ward ; and the present twenty-fourth ward shall in future be 
 known and numbered twenty-fourth. 
 
 BOUXDATilES OF LEGISLATIVE DISTRICTS. 
 
 1894, ch. 435. 1901, ch. 8. 1902, ch. 602. 
 
 657A. The first legislative district of Baltimore City shall 
 be and consist of the wards as newly numbered by the Act of 
 1901, chapter 8, from one to six, both inclusive, as said wards 
 were laid out under the provisions of the Act of 1898, chapter 
 10, approved Eebruary 19, 1898; and the second legislative 
 district of Baltimore City shall be and consist of the following 
 wards, as newly numbered by the Act of 1901, chapter 8, 
 namely: seventh, eighth, ninth, twelfth, thirteenth and fifteenth, 
 as said wards were laid out under the provisions of the Act of 
 1898, aforesaid ; and the third legislative district of Baltimore 
 City shall be and consist of the following wards as newly num- 
 bered by the Act of 1901, chapter 8, namely: tenth, eleventh, 
 fourteenth, sixteenth, nineteenth and twentieth, as said wards 
 were laid out under the provisions of the Act of 1898 aforesaid, 
 and the fourth legislative district of Baltimore City shall be 
 and consist of the following wards as newly numbered by the 
 Act of 1901, chapter 8, namely: seventeenth, eighteenth, twen- 
 ty-first, twenty-second, twenty-third and twenty-fourth, as said 
 wards were laid out under the provisions of the Act of 1898 
 aforesaid.
 
 335 
 COUNCILMANIC DISTRICTS. 
 
 1901, ch. 8. 
 
 657B. The First Councilmaiiic District shall be and consist 
 of the wards as newlv numbered bv this Act from one to six, 
 both inclusive, as said wards were laid out under the provisions 
 of the Act of 1898 aforesaid; that the second Councilmanic 
 District shall be and consist of the following wards, as newly 
 numbered by this Act, namely : Seventh, eighth, ninth, twelfth, 
 thirteenth and fifteenth, as said wards were laid out under the 
 provisions of the Act of 1808, aforesaid; that the third Council- 
 manic District shall be and consist of the following wards, as 
 newly numbered by this Act, namely : Tenth, eleventh, four- 
 teenth, sixteenth, nineteenth and twentieth, as said wards were 
 laid out under the provisions of the Act of 1898, aforesaid; that 
 the fourth Councilmanic District shall be and consist of the 
 following wards, as newly numbered by this Act : Seventeenth, 
 eighteenth, twenty-first, twenty-second, twenty-third and twen- 
 ty-fourth, as said wards were laid out under the provisions of 
 tiie Act of 1898, aforesaid. 
 
 LICENSES. 
 
 Billiards. 
 
 1870, ch. 250. P. G. L., (1888) Art. 56 sec. 8. P. L. L., (1888) Art. 
 
 4, sec. 641. 
 
 658. A license may be granted to any person who may apply 
 for permission to keep a billiard table, for which license there 
 shall be paid the sum of fifty dollars, and for every additional 
 billiard table kept by the same person, he shall pay a license of 
 twenty-five dollars; provided, that all said additional tables 
 shall be kept in the same apartment; and provided, that this 
 section shall not apply to any billiard table kept for private use. 
 
 Germania v. State, 7 M<1. 1. 
 Under this section licen.ses are Issued hy the Clerk of the Court ot 
 Coniinon IMeas, and the license fees payable to the State. 
 
 Weber v. State, 116 Md. 402. 
 
 1865, ch. .56. P. G. L.. (1888) Art. 56. sec. 0. P. L. L.. (1888) 
 
 Art. 4, sec. 642. 
 
 659. Any person keeping or exhibiting for use a billiard 
 table, without first obtaining a license therefor, shall for each 
 and every table so kept or exhibited, forfeit and pay the sum of 
 five liinidred dollai's, oiic-lialf to the informer and the other half 
 to the State.
 
 336 
 
 P. G. L., (1860) Art. 56, sec. 8. P. G. L., (1888) Art. 56, sec. 10. 
 P. L. L., (1888) Art. 4, sec. 643. 
 
 660. jSTothing contained in the two preceding sections shall 
 impair the right of the Mayor and City Council of Baltimore 
 to impose a further tax on billiard tables. 
 
 1910, ch. 694. 
 
 660a. That no person shall engage in the business of private 
 detective for hire or reward, whether for himself or as a mem- 
 ber of or as an employee of any detective agency, firm or corpo- 
 ration, or advertise or hold himself out as a private detective in 
 the City of Baltimore without first having obtained license so 
 to do. 
 
 1910, ch. 694. 
 
 660b. That every person intending to engage in the busi- 
 ness of private detective, whether for himself or as a member 
 of or as an employee of any detective agency, firm or corpora- 
 tion in the City of Baltimore, shall present to the Board of 
 Police Commissioners of Baltimore City a written application, 
 duly signed and sworn to by such applicant. The Board of 
 Police Commissioners, when satisfied from an examination of 
 such applicant, and such further inquiry and investigation as it 
 shall deem proper of the good character, competency and in- 
 tegrity of such applicant, shall issue and deliver to such appli- 
 cant a license to engage in the business of private detective, 
 upon the applicant paying to the said Board of Police Commis- 
 sioners the license fee or charge as hereinafter provided. The 
 license granted pursuant to this Act shall expire at midnight of 
 December thirty-first in each and every year, but may be re- 
 voked at any time by the said Board ; the fee or charge for the 
 license so granted as aforesaid shall be twelve dollars for the 
 entire twelve months, and if the license is issued in any month 
 after January one-twelfth shall be deducted from the charge 
 above stated for each expired month, but not fraction of a 
 month; the license fee or charge herein prescribed and paid 
 shall be by the said Board applied to the use and benefit of the 
 fund in its charge, created by law and known and accounted for 
 as the Special Fund. 
 
 1910, ch. 694. 
 
 660c. That the person so licensed as aforesaid, when en- 
 gaged in the business of detective, shall have and exhibit when 
 called upon to do so, the license certificate prescribed and issued 
 by the said Board of Police Commissioners, which certificate
 
 337 
 
 shall be returned to the said Board on the expiration of the 
 license or upon the demand of said Board. 
 
 1910, ch. 694. 
 660d. That any person who shall, without the license and 
 certilicate hereinbefore designated, engage in the general busi- 
 ness of a private detective, whether for himself or as a member 
 of or as an employee of any detective agency, firm or corpora- 
 tion in Baltimore City, or advertise or hold himself out as a 
 private detective in the said city, or who shall violate any of 
 the provisions of sections 1, 2 and 3 of this Act, shall be guilty 
 of a misdemeanor, and upon conviction thereof shall be pun- 
 ished by a fine of not more than one hundred dollars, or be 
 imprisoned in the Baltimore City Jail for not more than six 
 months, or by both fine and imprisonment, in the discretion of 
 the Court or Justice of the Peace trying the same; provided, 
 however, that nothing in this Act shall apply to any detective, 
 officer or police or policeman in the regular police force of Balti- 
 more City, nor to any employee of any corporation not chiefly 
 engaged in the private detective business but which corporation 
 employs detectives as an incident to its business. 
 
 HORSE DEALERS. 
 
 1884, ch. 446. P. L. L., (1888) Art. 4, sec. 647. 
 661. It shall not be lawful for any person, co-partnership, 
 firm, corporation, joint stock company, brokers, commissicm 
 merchants, agents, factors or other association of persons, to 
 engage in or carry on the business, trade, occupation or calling 
 of bartering, buying, selling, exchanging or dealing in horses, 
 mares, geldings, jackasses, jennies or mules, either as an indi- 
 vidual, co-partnership, firm, corporation, joint stock company, 
 commission merchant, agent, factor, broker or other association 
 for said purpose, without first obtaining from the Clerk of the 
 Court of Common Pleas of Baltimore City a license for carry- 
 ing on said business, for which every such person, if he desires 
 to carry on said business individually, or if a firm or associa- 
 tion, composed of not more tlian two persons, or corporation, 
 shall pay the sum of fifty dollars, provided, that all the names 
 and places of business of said persons so applying shall be in- 
 serted in said license; and if more tlinn two individuals consti- 
 tute and compose any such firm, co-partnership, joint stock com- 
 pany or association, then an additional sum of twonty-five 
 dollars shall be paid for each and every other individual tluui 
 the said two constituting such firm, co-partnershii), joint stock
 
 338 
 
 company or association, of individuals; and provided, further, 
 that the said business shall not be carried on in any of the 
 streets, lanes and alleys of the City of Baltimore. 
 
 1884, ch. 446. P. L. L., (1888) Art. 4, sec. 648. 
 
 662. Any person, and the individual members of any co- 
 partnership or firm, the stockholders of any joint stock company 
 or corporation, and any commission merchant, agent, factor, 
 broker, or the individuals of any other association of persons so 
 engaged in or carrying on the business, trade, occupation or 
 calling of bartering, buying, selling, exchanging or dealing in 
 horses, mares, geldings, jackasses, jennies, or mules, who or 
 which shall violate any of the provisions of the preceding sec- 
 tion, shall be liable to indictment therefor, and upon conviction 
 thereof shall be lined one hundred dollars for each and every 
 offense, one-half thereof for the use of the State and the other 
 half thereof to the informer ; provided, however, that nothing 
 contained in this or the preceding section shall be construed to 
 prevent breeders and owners of horses, mares, geldings, jack- 
 asses, jennies or nmles, and owners residing in the counties of 
 this State and doing business elsewhere than in the City of 
 Baltimore, and all owners who do not follow the business, trade, 
 occupation or calling of buying, vending, bartering, exchanging 
 or dealing in horses, mares, geldings, jackasses, jennies or 
 mules, from offering the same for sale, barter or exchange, or 
 making sale of, bartering or exchanging such horses, mares, 
 geldings, jackasses, jennies or mules, as they shall bring to the 
 City of Baltimore, without a license; and nothing contained in 
 this or the preceding section shall be held to apply to regularly 
 licensed auctioneers in the Citv of Baltimore. 
 
 1S84, ch. 446. P. L. L., (1888) Art. 4, sec. 649. 
 
 663. Any person or body corporate, owning or renting from 
 the owner or his agent, any building or enclosure within the 
 corporation limits of Baltimore City, and using the same in 
 buying, selling, trading, exchanging, bartering or dealing in 
 horses, geldings, mares or mules, or using the same in exhibiting 
 or exposing for sale, trade, exchange or barter, horses, geldings, 
 mares or mules, shall be deemed to be engaged in the business, 
 trade, occupation and calling of buying, selling, trading, ex- 
 changing, bartering and dealing in horses, geldings, mares and 
 mules, under the two preceding sections, and be held liable for 
 a violation of any of its provisions.
 
 339 
 
 IXSTALLATIOX OF ELECTRICAL APPARATUS 
 
 AND WIRING. 
 
 1906, ch. 244, sec. 1. 
 
 663a. The Governor shall, within thirty (30) days after 
 the passage of this Act, appoint a board which shall be knowTi 
 as the Board of Examiners and Supervisors, consisting of five 
 (5) persons, for the purpose of examining into the qualifications 
 and capabilities of all persons who are engaged or desire to en- 
 gage in the business of Master Electrician as defined in section 
 5 of this x\ct. The board so appointed shall be competent practi- 
 cal electricians of Baltimore City and shall be selected as fol- 
 lows: two (2) from nominations made by the Electrical Con- 
 tractors' Association of Maryland, one (1) from nominations 
 made by the Chief of the Municipal Electrical Inspectors of Bal- 
 timore City, one ( 1 ) from nominations made by the Association 
 of Fire Underwriters of Baltimore City, and one ( 1 ) person re- 
 siding in Baltimore City, who shall be a practical journeyman 
 electrician who has served at the business for a period of not less 
 than ten years and a majority of said Board shall constitute a 
 quorum to transact the business thereof. The term of ofiice of the 
 members of the first number so appointed shall be as follows: 
 the nominee from the Underwriters Association, one (1) nomi- 
 nee from the Electrical Contractors' Association, two (2) 
 years; the nominee from the Municipal Inspector, one (1) 
 nominee from the Electrical Contractors' Association, and the 
 person at large two (2) years unless removed for cause. Should 
 any vacancy occur from any cause during the term of any Board 
 as herein provided, the Governor shall appoint some one from 
 nominations made as above provided to fill such vacancy. The 
 Governor shall have full power to remove any member of the 
 Board for incompetency or improper conduct upon satisfactory 
 evidence being presented to him of such condition. 
 
 Sections 663a to 66:3q, inclusive, of tills codification, embody verbatim, 
 respectively, sections 1 to 17. inclusive, of the Act 1!)06. ch. 244. The 
 Act takes effect from the date of its passage and repeals inconsistent 
 Acts. The caption assigned to the Act is intended to facilitate reference 
 thereto. 
 
 1906. ch. 244, sec. 2. 
 
 6631 1. The members of said Board shall respectively take and 
 subscribe the oath required by other State officers. They shall 
 have power to elect out of their number, a President, Secretary 
 and Treasiirer, to adopt such rules and by-laws for the transac- 
 tion of business of the Board as they may dccin expedient.
 
 340 
 
 1906, ch. 244, sec. 3. 
 663o. Each member of said Board shall receive a compensa- 
 tion of five dollars ($5.00) per day for actual service in attend- 
 ing meetings of the Board, which compensation shall be paid out 
 of any moneys in the hands of the Treasurer of said Board ; pro- 
 vided, that the Secretary of said Board may receive such addi- 
 tional compensation as the Board may deem just and reason- 
 able, and for which the by-laws of the said Board may provide ; 
 provided, however, that the compensation and expenses of said 
 Board shall in no event, be paid out of the funds in the State 
 Treasury or become a charge against the State. 
 
 1906, ch. 244, sec. 4. 
 
 663d. Said Board shall meet at least once in each month in 
 Baltimore City, and shall hold special meetings as frequently 
 as the proper and efficient discharge of its business shall require, 
 and said Board shall adopt such rules and regulations for the 
 examinations of j\l aster Electricians as herein defined, and for 
 the placing, installing and operating electrical wires, ap- 
 pliances, apparatus or construction in, upon and about buildings 
 in the said City of Baltimore, and when so adopted, such rules 
 and regulations shall have the same force and effect as if herein 
 contained, and the rules of said Board shall also provide for the 
 giving of timely notice of such meetings to all those who shall 
 have made application for a license as herein provided, and said 
 Board shall give in writing to the Chief of the Municipal Elec- 
 trical Inspectors of Baltimore City a detailed statement of all 
 the licenses issued, renewed or revoked at any meeting of said 
 
 Board. 
 
 1906, ch. 244, sec. 5. 
 
 663e. The term Master Electrician, as used in this Act, shall 
 be defined as and including any and all persons, firms and cor- 
 porations engaged in business of, or holding themselves out to 
 the public as engaged in the business of installing, erecting or 
 repairing, or contracting to install, erect or repair electric wires 
 or conductors, to be used for the transmission of electric current 
 for electric light, heat, or power purposes, or mouldings, ducts, 
 raceways or conduits for the reception or protection of such 
 wires or conductors, or to any electrical machinery, apparatus, 
 devices or fixtures to be used for electric light, heat or power 
 purposes. A license of ''Master Electrician" issued and in 
 accordance with the provisions of this Act, shall entitle any such 
 person, firm or corporation so licensed to engage in the busi- 
 ness of and to hold himself or itself out to the public as engaged 
 in the business of installing, erecting and repairing and of con-
 
 341 
 
 tracting to install, erect and repair any electric wires or con- 
 ductors, etc. 
 
 1906, ch, 244, sec. 6. 
 
 663f . Before any person, firm or corporation shall hereafter 
 engage in the business of a Master Electrician in Baltimore 
 City, as defined in this Act, and before any person, firm or cor- 
 poration now engaged in said business or any class thereof, 
 shall continue in said business of Master Electrician, such per- 
 son, firm or corporation shall apply to said Board for a license, 
 as herein required, whereupon the applicant shall present him- 
 self before the said Board at a time and place fixed by said 
 Board. If the Board shall find upon due examination that the 
 applicant presenting himself has a reasonable knowledge of 
 electricity and the natural laws and functions of electric wires, 
 appliances and devices for electric light, heat and power pur- 
 poses, and is possessed of skill and of knowledge in all matters 
 appertaining to the business of Master Electrician, as defined in 
 section 5 of this Act, then the said Board, upon pa;\Tnent of the 
 fee and upon executing the bond herein provided for, shall 
 issue to the said person, firm or corporation a license as Master 
 Electrician to practice said business for a term of one year; and 
 shall register such person, firm or corporation as duly licensed 
 Master Electrician; provided, however, no person, firm or cor- 
 poration who shall have been engaged in the electrical contract- 
 ing business in the City of Baltimore for a period of three (3) 
 years prior to the passage of this Act, shall be required to take 
 the examination as provided in this section, before the issuance 
 of such license, and provided that no license shall be granted to 
 any person under the age of twenty-one (21) years, nor shall 
 any license be granted to any person who has not taken and 
 subscribed an oath that he, or, in case of a corporation, the one 
 managing the electrical work thereof, and in case of a firm, the 
 one managing the electrical work, has had at least three (3) 
 years actual experience as a Master Electrician within the 
 meaning of section 5 of this Act, or as journeyman electrician 
 in such class or classes of electrical business or work, as in the 
 opinion of the Board, shall have properly fitted the applicant 
 for a license as a Master Electrician. Any person whose appli- 
 cation for a license shall have been rejected by said Board, shall 
 have the right to appeal to a Board of Arbitration, which Kshall 
 consist of one person selected by the person making tlie appeal, 
 one person seleotoc] by thf' Board herein created, and these two 
 to select a third person, and the decision of said Boai'd of 
 Arbitration or a inaioritv of them shall lie linal and Ijindiuii;
 
 ;j42 
 
 upon all the parties to said appeal ; the members of said Board 
 shall be paid the sum of five dollars ($5.00) each, which sum 
 shall be deposited with the Board herein created by the person 
 taking said appeal and if the said Board of Arbitration shall 
 affirm the decision of the Board herein created, the money so 
 deposited shall be used to pay said Board ; if, however, such 
 decision be reversed, the said Board of Arbitration shall be paid 
 out of the funds in the hands of the Board herein created, and 
 said deposit of fifteen dollars ($15.00) shall be returned; pro- 
 vided, further, that each applicant shall pay to the Treasurer 
 of said Board of Electrical Examiners, the sum of twenty-five 
 dollars ($25.00) for such license, and provided, further, that 
 every person, firm or corporation before receiving- a license 
 shall make, execute and deliver to said Board a good and suffi- 
 cient bond to be approved by said Board, in the name of the 
 State of Maryland, in the penal sum of one thousand dollars 
 ($1000.00) the bond to be conditioned upon the faithful per- 
 formance of any and all work entered upon or contracted for by 
 said Master Electrician, and to save harmless the owner, or real 
 party in interest in the property for which any such material is 
 furnished, or services performed against loss, damage and in- 
 jury which shall arise through want of skill, or through the 
 failure to use suitable or proper material in the performance of 
 any work contracted for or undertaken by said Master Electri- 
 cian, or his or its agents or employees, and an action may he 
 maintained thereon in the name of such owner or real party in 
 interest only, if commenced within one ( 1 ) year from and after 
 the date of the installation of the materials furnished or per- 
 formance of such work or service. 
 
 1906, ch. 244, sec. 7. 
 
 663g. Each and every license issued under the provisions of 
 this Act shall be evidence in any Court of the city named herein 
 of the business for which the license issued for a period not 
 to exceed one (1) year from the date thereof. All licenses and 
 renewals of same shall expire on the first day of May in each 
 year. 
 
 1906, ch. 244, sec. 8. 
 
 663h. No person, firm or corporation granted a license 
 under the provisions of this Act shall install or repair electrical 
 wires, conductors or apparatus for electric light, heat or power 
 purposes after the expiration of said licenses, or after said 
 license shall have been revoked as herein provided, unless the 
 said license or renewal of same shall have been renewed as 
 
 i I
 
 343 
 
 herein provided; provided, that any person, firm or corpora- 
 tion so granted a license under the provisions of this Act, (unless 
 the said license shall have been revoked as hereinafter provided), 
 shall be granted a renewal of said license without examination 
 of the applicant, provided, application is made to the said Board 
 by the holder of such license within the three months preceding 
 the expiration of such license, upon payment of a fee of ten 
 dollars ($10.00), and the said renewal of said license shall be 
 for a period of one (1) year, and any such renewal of such 
 license shall have the same weight as evidence in any Court of 
 this State as hereinbefore provided for said original license; 
 provided also, that one year renewals shall be granted in like 
 manner upon expiration of any renewal of license upon making 
 like application and paying like fee, within three months pre- 
 ceding the expiration of said renewal. 
 
 1906. ch. 244, sec. 9. 
 
 663i. Said Board shall have full power to revoke for proper 
 cause any license or renewal of same after a full hearing of all 
 parties in interest. 
 
 1906, ch. 244, sec. 10. 
 
 663 j. Each license and renewal of same shall be in force 
 and effect only so long as an approved bond filed with the said 
 Board in accordance with the provisions of this Act shall remain 
 in full force and effect, and every such license or renewal of 
 same shall become utterly void and of no effect, should any such 
 bond for any reason whatsoever become inoperative or inef- 
 fective, regardless of the regular date of expiration of said 
 certificate, license or renewal. 
 
 1906, ch. 244, sec. 11. 
 663k. Any and all persons granted a license or renewal of 
 same shall display the same in a conspicuous place in the office 
 or place of business of such licensee. 
 
 1906, ch. 244, sec. 12. 
 6631. Nothing in this Act shall be construed to prevent any 
 person from doing or performing any of the kinds of work 
 enumerated in section 5 of this Act, pro\'ided that such work 
 is performed under tlic direction and s\ipervision of a duly 
 licensed .Master Electrician ; but no such work, other than minor 
 electric repairs for the maintenance of established phi iits, shall 
 be performed excepting under such direction and supervision of 
 a (Inly licensed Master Electrician, and the said licensed electri- 
 cian shall bo responsible for any and all work so done nnder his 
 direction and sn jxjrvision.
 
 344 
 
 1906, ch. 244, sec. 13. 
 
 663m, Any person, firm or corporation who shall practice or 
 engage or continue in the work of a Master Electrician without 
 having complied with all the provisions of this Act, and any 
 person not licensed as Master Electrician, who shall do or per- 
 form any such work except under the direction of a Master 
 Electrician, and any person having been licensed as a Master 
 Electrician and who shall fail to renew his license as herein 
 provided, and shall do or perform any such work, or who shall 
 violate any of the provisions of this Act, shall be guilty of a 
 misdemeanor, and upon conviction thereof shall be sentenced to 
 pay a fine of not less than twenty-five dollars ($25.00) nor more 
 than five hundred dollars ($500.00) or to an imprisonment not 
 exceeding ninety (90) days, or both, in the discretion of the 
 Court, and any such conviction shall ipso facto revoke and 
 annul any license that may have been issued to such person. 
 
 1906, ch. 244, sec. 14. 
 
 663n. 'No license or renewal of same granted or issued under 
 the provisions of this x\ct shall be assignable or transferable, 
 and every license and renewal of same shall specify the name 
 of the person, firm or corporation to whom it is issued, and in 
 the case of a firm, the member of said firm, and in the case of a 
 corporation, the principal officer or the designated representa- 
 tive of said corporation, through whom the application for the 
 said license was made. 
 
 1906, ch. 244, sec. 15. 
 
 663o. All fees collected under the provision of this Act 
 shall be for the use of said Board to defray its necessary 
 expenses. 
 
 1906, ch. 244, sec. 16. 
 
 663p. It shall be the duty of the said Board before the first 
 Monday of May of each year to make a report in writing to the 
 Governor of the State, containing a detailed statement of the 
 nature of the receipts and manner of expenditure, and any 
 balance of money remaining at the end of the year, after pay- 
 ment of expenses, shall be reserved by the treasurer of said 
 Board to meet the expenses for the ensuing year. 
 
 1906, ch. 244, sec. 17. 
 
 663q. The provisions of this Act shall not apply to journey- 
 men electricians or apprentices while such journeymen or ap- 
 prentices shall be practicing their trade of journeyman electri-
 
 345 
 
 cian or apprentice, nor to any electric light company, electric 
 railway company, steam railway company, telegraph or tele- 
 phone company doing such work in its own buildings, upon its 
 own plants. 
 
 LIQUOR AXD IXTOXICATIN^G DRINKS. 
 
 SALE FORBIDDEN IN CERTAIN PLACES. 
 
 1882. ch. 107. P. L. L., (1S8S) Art. 4, sec. 651. 
 664. It shall not be lawful for the Clerk of the Court of 
 Common Pleas to issue license to any person to sell spiritiTOUS 
 or fermented liquors or lager beer at Mt. Vernon factories, or 
 at any place within three-fourths of a mile thereof, or on Madi- 
 son Avenue extended. 
 
 As to power of Legislature to restrict sale of spirituous or fermented 
 liquors in certain districts, sec, 
 
 Parker v. State, 99 Md. 189. 
 
 1864, ch. 206. P. L. L., (1888) Art. 4, sec. 652. 
 
 665. It shall not be lawful for the Clerk of the Court of 
 Common Pleas to issue a license to any person to sell spirituous 
 or fermented liquors or lager beer at Woodberry factory, or at 
 any place nearer thereto than three-fourths of a mile in every 
 direction. 
 
 1888, ch. 56. 1888, ch. 98, sec. 11. P. L. L., (1888) Art. 4, sec. 653. 
 
 666. It shall not be lawful for the Clerk of the Court of 
 Common Pleas to issue license to any person to sell spirituous 
 or fermented liquors or lager beer in any part of the follow- 
 ing district, to wit : In all that part of Baltimore City bounded 
 on the east by Mount Royal terrace, on the south by !N^orth or 
 Boundary avenue, on the west by Druid Hill avenue extended, 
 and on the north by Druid Hill Park. 
 
 1902, ch. 228. 1906, ch. 298. 
 
 666a. It shall not be lawful for the Clerk of the Court of 
 Common Pleas of Baltimore City to issue licenses to any per- 
 son or persons or body corporate to sell spirituous or fermented 
 liquors or lager beer nearer than three-fourths of a mile in all 
 directions, from Walbrook public school, formerly known as 
 annex school No. 15, in the City of Baltimore. 
 
 1901. ch. 600. 
 
 666b. It shall not be lawful for the Clerk of the Court 
 of Common Pleas of Baltimore City, to Lssue license to any
 
 346 
 
 person or persons or body corporate, to sell spirituous or fer- 
 mented liquors or lager beer in any part of the following dis- 
 trict, to wit: In all parts of Baltimore City lying or being 
 within the following lines or limits: Beginning at the south- 
 west corner of Oak street and Twenty-first street, and running 
 thence north and bounding on the west side of Oak street to 
 the northwest corner of Oak and Twenty-fourth streets, thence 
 running east and bounding on the north side of Twenty-fourth 
 street to the northeast corner of Twenty-fourth street and Guil- 
 ford avenue, thence running south and bounding on the east 
 side of Guilford avenue to the southeast corner of Guilford 
 avenue and Twenty-first street, and thence running west and 
 bounding on the south side of Twenty-first street, to the place 
 of beginning. 
 
 1904, ch. 626. 
 
 666c. It shall not be lawful for the Clerk of the Court of 
 Common Pleas of Baltimore City to issue to any person or per- 
 sons, company, association or body corporate a license to sell 
 any fermented or spirituous liquors or lager beer in any part 
 of the following district, to wit : In all that part of Baltimore 
 City beginning for the same at the intersection of the western 
 line of Baltimore City and the south side of Edmondson Ave- 
 nue, and thence running easterly along the south side of Ed- 
 mondson Avenue to the westernmost side of Fifteenth »Street ; 
 thence binding on the westernmost side of Fifteenth Street 
 southerlv to its intersection with the southwesternmost side of 
 Dorsey's lane ; thence southeasterly binding on the southwest- 
 ernmost side of Dorsey's lane to its intersection with the north- 
 westernmost side of Kossuth Street ; thence southwesterly along 
 the northwesternmost side of Kossuth Street to its intersection 
 with the southernmost side of Old Frederick Road ; thence south- 
 easterly along the south side of Old Frederick Road to the west- 
 ernmost boundary of the lot now improved by the Public School 
 No. 66 ; thence southerly and binding for a part thereof on the 
 westernmost boundary of said lot in a direct line to the south- 
 ernmost side of Frederick Road ; thence southeasterly along 
 the southernmost side of the Frederick Road to the easternmost 
 boundary of the United States ISTational Cemetery; thence 
 southerly and binding for a part thereof on the easternmost 
 boundary of said cemetery to the southwesternmost side of the 
 tracks of the Baltimore and Potomac Railroad ; thence south- 
 westerly along the line of said tracks to the intersection of the 
 same with the southern boundary line of Baltimore City ; thence 
 westerly along said line to the western boundary line of said
 
 M7 
 
 city; thence north binding on said last mentioned line to the 
 place of beginning. 
 
 1906. ch. 279. 
 
 666(1. It shall not be lawful for the Clerk of the Conrt of 
 Common Pleas of Baltimore City, to issue license to any person 
 or persons, or body corporate, to sell spirituous or fermented 
 liquors or lager beer, in any part of the following district, to 
 wit : In all parts of Baltimore City lying or being within the 
 following lines or limits : Beginning at the southeast corner 
 of the intersection of the Western Maryland Railroad and the 
 northern boundary of the city line, and running thence easterly 
 bounding on the said city line to the western line of the North- 
 ern Central Railroad ; thence southerly bounding on the western 
 line of the Northern Central Railroad, to a point where the 
 northern boundary of Druid Hill Park would intersect if con- 
 tinued east to said point of intersection ; thence westerly bound- 
 ing on the north side of Druid Hill Park and continuing the 
 same course until the said line shall intersect the eastern side 
 of the Western Maryland Railroad, thence northerly, bounding 
 on the east side of the Western Maryland Railroad to the place 
 of beginning. 
 
 1906, ch. 780. 
 
 666e. It shall not be lawful for the Liquor License Commis- 
 sioners, or the Clerk of the Court of Common Pleas to issue 
 licenses to any persons to sell spirituous, fermented liquors or 
 lager beer in any part of the following districts : In all that part 
 of Baltimore City bounded : Beginning at a point where Twenty- 
 eighth Street extended westwardly would touch Jones' Falls, 
 and running from this point eastwardly along the center line 
 of Twenty-eighth Street as laid out, and extending said center 
 line eastwardly to the center line of Calvert street, and thence 
 northerly along the center line of Calvert Street, and contiiuiing 
 said center line northerly to a point three hundred feet north of 
 Alerryman's Lane and thence running paralh^l with ]\Ierry- 
 man's Lane and throe hundred feet northerly fi-oni said Lane to 
 the line of Cedar Avenue extended, thence westwardly on the 
 south side of Cedar Avenue to Jones' Falls, and thence southerly 
 along Jones' Falls to the point of beginning. 
 
 1908. ch. mK 
 
 666f. That it .sliall not be lawful fur ihc Ch'rk of the Court 
 
 of Common Ploas of Baltimore City, or the Clerk of the Circuit 
 
 Coui'f \'<>r l);iltiiiiore County, to issue to any person or persons, 
 
 cotn[);iiiy, association or liody corporate, a litrensc to sell s))iritn-
 
 348 
 
 ous or fermented liquors, or lager beer, in any and all parts 
 of Baltimore City and in any and all parts of Baltimore County 
 lying within fifteen hundred yards (1,500 yards) in any direc- 
 tion from the public school at Forest Park, in Baltimore City, 
 known as School N^o. 64, situated on Maine Avenue, the ISTew 
 Liberty Road and Forest Avenue. 
 
 ISOO, ch. 343. p. L. L., (1SS8) Art. 4, sec. 653A. 1894, ch. 86. 
 
 667. No person shall offer for sale or keep for sale in the 
 City of Baltimore any intoxicating liquors, except as herein- 
 after provided ; but this shall not apply to sales made by a per- 
 son under a provision of law requiring him to sell personal 
 property, nor to sales of liquors, by wholesale, nor to sales by 
 the maker, brewer or distiller thereof, nor to sales by bottlers 
 of fermented liquors, nor to be drunk on the premises ; save and 
 except as hereinafter specially provided in reference to whole- 
 sale dealers and jobbers, brewers, distillers and bottlers, in 
 section 688, wherein the rights and duties of said classes of per- 
 sons are set forth and defined. Wherever the term intoxicating 
 liquors is used in this sub-division of this Article, it shall be 
 deemed to include whiskey, brandy, rum, gin, wine, ale, beer 
 and all other fermented and distilled liquors, every mixture 
 of liquors which shall contain more than two per cent, by weight 
 of alcohol, and every mixture of liquors which shall contain 
 less than two per cent, of alcohol if the same shall be intoxi- 
 cating. Nothing in this sub-division of this Article shall be 
 construed to authorize the sale of any intoxicating liquor or 
 any admixture thereof in any part of said city where such 
 sale is or shall hereafter be prohibited by special law. 
 
 State V. Stiefel, 74 Md. 546. Trageser v. Gray, 73 Md. 251. 
 
 1890, ch. 343. 1892, ch. 13. P. L. L., (1888) Art. 4, sec. 653B. 
 
 668. The Governor, by and with the advice and consent of 
 the Senate, shall appoint three persons who shall constitute a 
 Board of Liquor License Commissioners for Baltimore City, 
 who shall hold office for two years, and until their successors 
 are appointed and qualified; and their duties shall be such as 
 hereinafter described ; provided, however, that the Liquor 
 License Commissioners appointed in April eighteen hundred 
 and ninety, shall continue in office until the expiration of the 
 term for which they were appointed. 
 
 Trageser v. Gray, 73 Md. 251.
 
 349 
 
 1890, ch. 343. P. L. L., (18S8) Art. 4. sec. 653C. 1900, ch. 704. P. L. L., 
 (1898) Art. 4, see. 669. 1908, ch. 197. 
 
 669. Said Board shall appoint such clerk or clerks and coun- 
 sel as the proper transaction of the business of the Board shall 
 require, and shall keep a full record of all applications for 
 licenses, of all recommendations for and remonstrances against 
 the granting of licenses, and their action thereon ; and the vote 
 of the members of said Board bj yeas and nays shall be taken 
 on the question of granting or refusing every application for 
 licenses, and whenever any license granted by said Board shall 
 be hypothecated or assigned for any of the purposes set forth in 
 section 690A of this Article, the said Board shall at the' request 
 of the person, firm, association or corporation to whom said 
 license has been hypothecated or assigned, record the instru- 
 ment of hypothecation or assignment in a suitable book ke2)t 
 for that purpose and shall return said instrument to the party 
 presenting the same after having endorsed thereon the fact of 
 such recording and the day and date thereof; and said records 
 of said Board shall at all suitable times be open to the inspec- 
 tion of the public, and shall be deemed and taken as actual 
 notice to all persons of the matters and facts recorded therein ; 
 all necessary books and stationery shall be furnished by the 
 Mayor and City Council of Baltimore, and all salaries and ex- 
 penses incident to the business of the Board shall be paid by the 
 Mayor and City Council of Baltimore. 
 
 1890, ch. 343. 1892, ch. 704. 1900, ch. 704. P. L. L., (1888) Art. 4, 
 sec. 653D. P. L. L., (1898) Art. 4, sec. 670. 
 
 670. The said Board shall fix the salaries of all clerks and 
 counsel appointed by them for the performance of the duties 
 imposed by this sub-division of this Article ; any member of 
 said Board shall each receive a salary of two thousand dollars 
 annually, to be paid as the salaries of the officers of the City 
 of Baltimore are paid. 
 
 1890, ch. 343. 1894, ch. 86. P. L. L., (1888) Art. 4, sec. 653E. 
 
 671. ]^o licenses to sell intoxicating liquors, other than by 
 wholesale traders, distillers, brewers, rectifiers, and bottlers 
 of fermented liquors, shall be granted in tlie City of Baltimore 
 except by said Board, and only to citizens of the United States 
 of temperate habits and good moral character, who have com- 
 plied with tlie requisites of this sub-division of this Article. 
 
 p. L. L., (1888) Art. 4, sec. 653F. 1890, ch. 343. 1894, ch. 86. 
 
 1908, ch. 196. 
 
 672. All licenses to sell .spirituous or fermented liquors sliall
 
 350 
 
 expire on the first day of May next ensuing the date of their 
 issue, and shall he issued for twelve or six months only and for 
 no other periods of time; all twelve months' licenses shall he 
 granted to begin only from the first day of May in the year 
 of their issue, and all six months' licenses shall be granted to 
 begin only from the first day of November and from no other 
 time, in the year of their issue; and all applications shall be 
 filed before the first day of May or the first day of ISTovember 
 respectively; provided, however, that the rates for the six 
 months' licenses shall be in the proportion of one-half to the 
 rates of the twelve months' licenses as hereinafter provided by 
 this sub-title of this Article ; provided, further, that nothing in 
 this section shall be construed to affect the transfer of licenses 
 as now provided in this law. 
 
 1890, ch. 343. 1900, ch. 442. P. L. L., (1888) Art. 4, sec. 653G. 
 
 673. Every person applying for a license to sell intoxicating 
 liquors in said city shall file with the said Board his, her or 
 their petition for such license, and the Board shall cause notifi- 
 cation of such petition to be published three times in three news- 
 papers of general circulation in said city (one of which shall be 
 printed in the German language), to be designated by said 
 Board, the first publication to be not less than fifteen nor more 
 than thirty days before the time fixed by the Board for action 
 on said petitions. 
 
 I'. L. L., (1888) Art. 4, sec. 653H. 1890, ch. 343. 1906, ch. 278. 
 
 1908, ch. 281. 
 
 674. Said petition shall contain the name and residence 
 of the applicant, and how long he has resided there; (2) the 
 particular place for which a license is desired, designating the 
 same by street and number, if practicable^ and, if not, by such 
 other apt description as definitely locates it; (3) the kind of 
 license desired, whether a saloon license, hotel license or retail 
 grocer's license; (4) the name of the owner of the premises 
 upon which the business licensed is to be carried on; (5) a 
 statement that the applicant is a citizen of the United States, 
 and that it is necessary for the accommodation of the public 
 that the place should be licensed; (6) that the applicants have 
 not, or has any of them, had a license for the sale of intoxicating 
 liquors in this State revoked, nor has been convicted of any 
 crime within one year preceding the filing of said petition ; (7) 
 that he or she will not knowingly sell, or allow to be sold in the 
 said house or on the said premises any such liquor on Sunday 
 or on election days, or to minors at any time, or allow a minor
 
 351 
 
 to drink in said house or- on said premises; that he or she will 
 not keep or permit to be kept a bawdy house in the said house 
 or on said premises, or the gathering together or the visitation 
 to said house or premises of women for lewd or immoral pur- 
 poses ; (8) this petition must be verified by the altidavit of 
 the petitioner, made before a justice of the peace; if any false 
 statement is made in any part of said petition, the petitioner 
 shall be deemed guilty of perjury, and upon indictment and 
 conviction thereof, his license shall be revoked, and he shall 
 be subject to the penalties provided by law for that crime. 
 
 Ordinary, Licotse for. The oath prescribed by sec. 68, Art. 56, Public 
 General Laws of Maryland, must be administered before a license can 
 be validly issued for an ordinary, notwithstanding the practice in vogue 
 in Baltimore City. Blackburn v. Livingstone, Daily Record, Jan. 15, 
 1900. Xutc provisions of section 689 of this Article. 
 
 1890, ch. 343. P. L. L., (1888) Art. 4, sec. 6531. 
 
 675. There shall be annexed to this petition a certificate 
 signed by at least ten respectable qualified voters residing or 
 doing business in the ward in which the petitioner asks to do 
 business, stating the residence or place of business of each per- 
 son, certifying and setting forth that they have been acquainted 
 with the petitioner or petitioners foi- (specifying the lengtli of 
 such acquaintance), that they have good reason to believe that 
 all the statements contained in the petition are true, and they, 
 therefore, pray that the prayer of said petition be granted, and 
 the license issued as prayed for. 
 
 1890, ch. 343. P. L. L., (1888) Art. 4, sec. 653 J. 
 
 676. The said Board shall publicly hear petitions from 
 
 residents of the ward or persons living or doing business in 
 
 the vicinity of the place for which license is prayed, in addition 
 
 to that of the petitioner, in favor of, and remonstrance against 
 
 the granting of said license ; and in all cases shall refuse the 
 
 same, whenever, in the opinion of the said Board such license 
 
 is not necessary for the accommodation of the public, or the 
 
 petitioner or petitioners is or are not fit persons to whom such 
 
 license should be granted ; and if sufficient (uiuse shall at any 
 
 time be shown, or proof be made to the said Board, that the 
 
 party licensed was gitilty of any fraud in procuring such license, 
 
 ()]• has violated any law of the State relating to the sales of 
 
 intoxicating licpior, the; said Board sliall, after giving notice 
 
 to tlio persfm so licensed, revoke said license; and the Criminal 
 
 Court of the City may in like manner revoke said license if tlic 
 
 party should be convicted before it of any such violation. 
 
 Trageser v. Gray, 73 Md. 253.
 
 ,^52 
 
 Liquor License Commissioners. As to powers of Liquor License Com- 
 missioners of Baltimore City to revolie a license on sufficient cause, and 
 the extent of the Board's discretionary powers, in relation thereto, see, 
 Childs V. White, Daily Record, December 16, 1890. 
 
 1908, ch. 281. 
 
 676xV. Any club, society or association whatever, whether 
 incorporated or not, now in existence or hereafter to be formed, 
 desiring to sell or furnish intoxicating liquors to its members 
 or guests, in order to do so shall first obtain a club license from 
 the said Board upon its application therefor to be made by a 
 petition to be signed and sworn to in due form of law on its 
 behalf by its president or secretary. Every such petition shall 
 affirmatively show: First, that the applicant is a bona fide 
 social club or society or association, composed of reputable 
 citizens over twenty-one years of age, duly organized with 
 officers and a constitution or by-laws, that by the terms of such 
 constitution or by-laws the members of such applicant are 
 required to be elected by a formal vote of its members, directors 
 or governing body and to pay after election a substantial en- 
 trance or initiation fee, and substantial annual or semi-annual 
 dues during their membership, and that the membership in said 
 club, society or association is bona fide and real. Second, that 
 the applicant was not and is not organized for the purposes of 
 profit and does not seek a club license to sell or furnish intoxi- 
 cating liquors for any purpose other than the accommodation 
 of its members and duly recognized and registered guests. 
 Third, the particular place in which the applicant's club, society 
 or association is located, and proposes to sell or furnish intoxi- 
 cating liquors, and that such place is not in any building which 
 contains any saloon or other establishment that may be licensed 
 under this sub-division of this Article to sell liquors, desig- 
 nating such place by street and number, or otherwise definitely 
 to the satisfaction of the said Board. Fourth, the name of 
 the owner of the premises so used or occupied by said appli- 
 cant. Fifth, that the applicant has not had a license for. the 
 sale of intoxicating liquors in this State revoked nor has it 
 been convicted of any crime within one year preceding the 
 filing of said petition. Sixth, that the applicant will obey and 
 observe all laws applicable to it prohibiting the sale of intoxi- 
 cating liquors upon its premises or by it on any days or occa- 
 sions in said laws mentioned, and will, at all times, to the best 
 of its ability, prevent the sale of intoxicating liquors therein 
 from becoming the source of any disturbance of the peace or 
 good order of the city. No signers shall be required to attest
 
 353 
 
 the character of applicants for a ehib license, l)\it witli the 
 application shall be filed a sworn list of the bona tide members 
 of such club, society or association, and before issuing the 
 license applied for the said Board shall be satisfied that the 
 applicant is, in fact, such a legitimate bona fide organization 
 as it claims to be, and that it would not be a nuisance to the 
 neighborhood in which it is located, and for such purpose the 
 Board may call for such other and additional evidence as to it 
 may seem proper, and may hear petitions in opposition thereto, 
 as provided in sections 676 and 687 of this Article. 
 
 1890, ch. 343. P. L. L., (1888) Art. 4, sec. 653K. 
 
 677. iSTo license shall be issued to any person or persons 
 until he, she or they shall have paid the license fees provided 
 for in this sub-division of this Article. 
 
 P. I.. L., (1888) Art. 4, sec. 653L. 1894, cb. 80. 1900, t-li. 278. 1908, 
 
 ch. 196. 1914, ell. 853. 
 
 678. If after the notice and hearing provided for in this 
 sub-division of this Article, the said Board shall decide to 
 grant the license prayed for, they shall notify the applicant of 
 such decision in writing, and if the applicant shall, within 
 thirty days from the date when such license granted is to be- 
 come effective, produce to the Clerk of the Court of Common 
 Pleas, the said notification, and pay said Clerk the sum of 
 money herein specified for the particular license prayed foi', 
 the said Clerk shall thereupon issue to him the license granted 
 to him by the said Board ; but every grant of a twelve mouths' 
 license upon which no license has been actually taken out and 
 paid for prior to the first day of June, in the year of its issue, 
 and every grant of a six months' license upon Avhich no license 
 has been actually taken out and paid for prior to the first day of 
 December, in the year of its issue, shall be after the said first 
 day of June or December, respectively, null and A'oid, and no 
 license shall be issued thereupon. 
 
 For a saloon or restaurant in which distilled liquors or niiy 
 mixture of distilled liquors containing more than fifteen per 
 centum of alcohol or fermented licpiors continuing less than 
 fifteen per centum of alcohol, may be sold by retjvil, i'v the 
 di-ink, or in quantities or packages not exceeding five gallons of 
 any spirituous or fermented liquors, except lager beer, and 
 not exceeding one keg of eight gallons or less of IjigcM- beer to be 
 di'unk on the premises oi- not, as desired by the purchaser, the 
 sum of one thousand dollars sliall be paid for a twelve months' 
 license for the twchc months beginning on May 1st, 1014, and 
 
 (13)
 
 854 
 
 for each succoediug term of twelve months begiiming on the 
 first day of May in each and every year thereafter ; and a sum 
 equal to one-half of said sum, shall be paid for a six months' 
 license. For a hotel license the same amounts shall be paid in 
 the same manner. 
 
 For a club license, the sum of seven hundred and fifty dollars 
 shall be paid for a twelve months' license for the term of twelve 
 months beginning on the first day of May in each and every 
 year, accounting from May 1, 1914, and a sum equal to one- 
 half of said sum of $750.00 shall be paid for a six months' 
 license. For a retail grocers' license, the simi of five himdred 
 dollars shall be paid for a twelve months' license for each term 
 of twelve months, beginning on the first day of May, in each 
 and every year, accounting from May 1st, 1908, and a sum 
 equal to one-half of said sum of five hundred dollars shall be 
 paid for a six months' retail grocer's license; provided, how- 
 ever, that none but a bona tide retail grocer who shall make 
 application to said Board therefor, shall receive a retail grocer's 
 license, and no such retail grocer's license shall be given to 
 anyone except on complying with the conditions of this Act, 
 and such license shall only entitle such licensees to sell wines, 
 spirituous or fermented liquors, as aforesaid, in quantities or 
 packages of not less than one pint; but in no case to be drunk 
 ou the premises ; nor shall such retail grocer's license to sell 
 wines, spirituous or fermented liquors, as aforesaid, be given 
 to any applicant who, or whose concern generally keeps on 
 hand, or in case of applications for the first time, expects to 
 generally keep on hand, at the principal season of sale, an 
 amount of stock of wines, spirituous or fermented liquors in 
 excess of thirty per centum of the total amount of stock of 
 goods, wares and merchandise generally kept on hand by him, 
 or the said concern, at the principal season of sale; and every 
 applicant for such retail grocer's license shall, in addition to 
 the statement on oath, now required by law of applicants for 
 trader's license, as to their total stock of goods, wares and mer- 
 chandise, state to the Clerk of the Court of Common Pleas, ou 
 oath to be administered by the Clerk, the amount of said appli- 
 cant's stock of wines, spirituous or fermented liquors generally 
 kept on hand by him, or the concern in which he is engaged 
 at the principal season of sale or if said applicant shall not 
 have previously engaged in such trade or business, the amount 
 of such stock he expects to keep as aforesaid. In no case shall 
 a license to sell intoxicating liquors by the drink be granted 
 to any person who shall obtain a license to sell goods, vt^ares or 
 merchandise other than intoxicating upon the said premises,
 
 355 
 
 when Hucli intoxicatiiiii; licjuors are licensed to l)o sold, but 
 licensed saloonkeepers may also sell tobacco and non-alcoholic 
 beverages; provided, fnrther, that no retail licenses shall be 
 issued to any distiller or brewer. 
 
 P. L. L.. (1888) Art. 4, sec. Go3M. 1890, ch. 34^]. 1908, ch. 19G. 
 
 679. The whole of the money received by the Clerk of the 
 Court of Conmion Pleas for the licenses aforesaid shall be 
 paid over quarterly by said clerk of the Court of Common 
 Pleas to the State, as now provided by law, and when so paid 
 over, the Comptroller of the Treasurv shall draw his warrant 
 upon the Treasurer in favor of the Mayor and City Council of 
 Baltimore for three-fourths thereof, to be applied to the general 
 use of said city. 
 
 1890. ch. 343. p. L. I... (1888) Art. 4, sec. ()53N. 
 
 680. Every person receiving a license under this sub-divi- 
 sion of this Article shall frame his license under a glass, and 
 place the same so that it shall at all times be conspicuous and 
 easily read, in his chief place of making his sales, and no 
 license issued under this sub-division of this Article shall auth- 
 orize sales by any person who shall neglect this requirement. 
 
 1890, ell. 343. P. L. L.. (1888) Art. 4, sec. 6530. 
 
 681. Xo licensee under the provisions of this sub-division of 
 this Article shall sell or furnish any intoxicating liquors at anv 
 time to a minor, either for his or her own use, or for the use of 
 any other person, or to a drunkard, or to any person whose 
 parent, guardian, husband, wife or child shall have given to 
 such licensee a notice in writing, verified by affidavit, that such 
 person is of intemperate habits, and requesting such licensee not 
 to sell to him or her, or to a person visibly affected by intoxi- 
 
 cating drinks. 
 
 Peterson v. State, 83 Md. 194. 
 
 P. L. L., (1888) Art. 4. sec. Gn3P. 1890. eli. 343. 1894. cli. 2.'57. 
 
 1908. ch. 281. 
 
 682. No licensee under the sub-division of this Ailicle 
 holding any other than a hotel license, shall sell or furnisli to 
 any person intoxicating liq\iors on any day upon which elections 
 are now, or may hereafter be required by law to be held nor on 
 the Lord's Day, commonly called Sunday ; no licensee under 
 the sub-division of this Article hc^ldiniz; anv other than a hotel 
 or a club license shall sell or furnish to any person intoxicati!!*."; 
 liquors between the hours of twelve midnight and five o'clock
 
 356 
 
 A. M., uor in any place to which an entrance shall be allowed 
 other than directly from a public-traveled way. Kor shall any 
 snch licensee holding a hotel license sell or fnrnish any such 
 intoxicating liquors on said prohibited days, except to bona 
 fide registered guests to be drunk in their rooms or at their 
 meals, nor shall any club licensees sell or furnish such liquors 
 to any person at any time between the hours of one o'clock 
 A. M. and five o'clock A. M. on any day. And provided, 
 further, that any licensees under the sub-divisions of this Arti- 
 cle may with the permission of the Board of Police Commis- 
 sioners at any bona fide entertainment of any society, club or 
 association, sell intoxicating liquors between such hours as 
 the Board aforesaid may designate in such permit. 
 
 Ill connection with provisions of section 682, see, McCracken v. State, 
 71 Md. 154 and I'arker v. State. 09 Md. 189. 
 
 Maryland Club cannot furnish liquor on Sunday to its members. 
 State V. Maryland Club, 105 Md. 586. 
 
 1890. ch. 343. P. L. L., (1888) Art. 4, sec. 653Q. 
 
 683. Druggists and apothecaries shall not be required to 
 obtain license under the provisions of this sub-division of this 
 Article, but they shall not sell intoxicating liquors nor com- 
 pound or mix any composition thereof, except upon the written 
 prescription of a regular physician ; nor more than once on any 
 one prescription of the physician ; and every druggist or apothe- 
 cary shall keep a book for the special purpose and enter therein 
 the date of every sale of intoxicating liquor made by him, the 
 person to whom sold, the kind, quantity and price thereof, and 
 the purpose for w^hich it w-as sold, and such book shall be at 
 all times open to the said Board, or of any person designated 
 and authorized by them to make such inspection, and shall be 
 produced before such Board when required; and any failure 
 to comply with the provisions of this section shall render such 
 druggist or apothecary so failing, liable to the same penalties as 
 if he had sold intoxicating liquors without a license. 
 
 1890, ch. 343. P. L. L., (1888) Art. 4, sec. 653K. 
 
 684. Any person who shall hereafter be convicted of selling 
 intoxicating liquors, or any admixture thereof, in the City of 
 Baltimore, without a license under the provisions of this sub- 
 division of this Article, shall be sentenced to pay a fine of not 
 less than five hundred dollars nor more than five thousand dol- 
 lars, or undergo imprisonment in the jail of said city, or in 
 the House of Correction of not less than three months, nor more 
 than twelve months, or to both fine and imprisonment, at the 
 discretion of the Court.
 
 IS'.Xi. cli. o4.'J. P. J,. J... US^^'"^) Art. 4, see. 6588. 
 
 685. Any person having a license under the provisions of 
 this sub-division of this Article who shall hereafter be con- 
 victed of violating any of the provisions of this sub-division of 
 this Article or of the conditions of his license, shall be subject 
 to a line of not less than one hundred or more than five hundred 
 dollars; and for any second offence, whereof he shall be con- 
 victed, his license shall be vacated and revoked, and he shall be 
 subject to a fine of not less than five hundred nor more than 
 one thousand dollars, or to imprisonment in the jail or the 
 House of Correction for not less than three months, nor more 
 than twelve months, or to both fine and imprisonment at the 
 discretion of the Court. The license of any person who per- 
 mits minors to frequent or loiter about his place, or disreputable 
 or disorderly persons to make it a customary place of visitation 
 or resort, may be at any time, upon proof, revoked by the Crim- 
 inal Court of Baltimore City, or by said Board, the same person 
 shall not again be licensed within two years of the time of such 
 revocation. ISTothing in this sub-division of this Article shall 
 be construed to repeal or modify any of the provisions con- 
 tained in, or the penalties imposed by any law of this State 
 forbidding or restricting the sale of intoxicating liquors on a 
 day on wliicli elections are held. 
 
 1890, cb. 343. P. L. I.., (ISSS) Art. 4, sec. 653T. 
 
 686. Upon complaint or allegation by any qualified voter 
 of Baltimore City who shall give security for the cost of prose- 
 cution, that any license has been corruptly or knowingly issued 
 by said Board to any person who has not complied with the 
 provisions of this sub-division of this Article, it shall be the 
 duty of the State's Attorney to file in the Criminal Coui't of 
 Baltimore City an information against said Board and against 
 said licensee, and if it shall be found that such license was 
 improperly issued, said license shall be revoked, and the mem- 
 bers of said Board who voted in favor of issuing said license 
 shall in addition to the other penalties for malfeasance in office 
 be removed from said office. 
 
 1892, clj. 641. P. T.. L., (1888) Art. 4, sec. G58U. 
 
 687. For the purpose of all hearings and inquiries which 
 the Board of T>iquor License Commissioners are authorized to 
 have and make, they are hereby authorized to issue summons 
 for witnesses and administer to them oaths or affirmations, and 
 all summons so issued .shall be served by the police force of the
 
 358 
 
 City of Baltimore. If any witness so summoned shall refuse or 
 neglect to attend, or attending, refuse to testify, the said Board 
 shall report the facts to the Superior Court of Baltimore City, 
 which is hereby authorized and directed to proceed by attach- 
 ment against said witnesses in all respects as if said neglect or 
 refusal had been by witnesses summoned to appear in said 
 court in cases pending before it. 
 
 V. L. L., (1888) Art. 4, see. ti53V. 1894, eh. 86. 1906, ch. 278. 
 
 1908, ch. 196. 
 
 688. Distillers, brewers and wholesale dealers or jobbers, 
 other than wholesale druggists, shall be allowed to sell spiri- 
 tuous liquors in quantities of not less than one pint each, and 
 fennented liquors in packages of not less than two dozen pint 
 bottles or twelve quarts each, but in no case to be drunk on 
 the premises; distillers and brewers shall require no licenses; 
 wholesale dealers and jobbers, other than wholesale druggists, 
 shall be entitled to receive a license as such, to sell as above 
 stated and not otherw^ise, upon applying directly to the clerk 
 of the Court of Common Pleas and paying to him the sum of 
 five hundred dollars for the twelve months beginning on May 
 1, 1908; the sum of seven hundred and fifty dollars for the 
 twelve months beginning on May 1, 1909 ; and the sum of one 
 thousand dollars for the twelve months beginning on May 1, 
 1910, and for each succeeding term of twelve months beginning 
 on the first day of May in each and every year thereafter. But 
 any person, co-partnership or corporation (other than brewers, 
 who as hereinbefore stated, require no license), may be licensed 
 to conduct a bottling business by selling fermented liquors only, 
 and in quantities or packages not less than twelve pint bottles, 
 by applying direct to the Clerk of the Court of Common Pleas 
 and paying him the sum of eighty dollars for the twelve months 
 beginning on May 1, 1908; the sum of one hundred and 
 twenty dollars for the twelve months beginning on May 1, 1909, 
 and the sum of one hundred and sixty dollars for the twelve 
 months beginning on May 1, 1910, and for each succeeding 
 term of twelve months, beginning on the first day of May in 
 each and every year thereafter. Wholesale druggists shall he 
 entitled to receive a license as such, to sell under the same con- 
 ditions^ as above stated with respect to distillers, brewers and 
 wholesale dealers or jobbers, other than wholesale druggists, 
 and not otherwise, upon applying directly to the Clerk of the 
 Court of Common Pleas and paying to him the sum of tw^o 
 hundred and fifty dollars. But no such wholesale druggist's
 
 359 
 
 license to sell wiues, spirituous or fermented liquors slniU be 
 given to any applicant who, or whose concern, generally keeps 
 on hand, or, in the case of application for the first time, expects 
 to generally keep on hand at the principal season of sale, an 
 amount of stock of wine, spirituous or fermented liquors in 
 excess of five per centum of the total amount of stock of goods, 
 wares and merchandise generally kept on hand by him, or the 
 said concern, at the principal season of sale, and every applicant 
 for such wholesale druggist's license shall, in addition to the 
 statement on oath now required by law of applicants for trader's 
 licenses as to their total stock of goods, wares and merchandise, 
 state to the clerk of the Court of Common Pleas on oath to be 
 administered by the clerk, the amount of said applicant's stock 
 of wines, spirituous or fermented liquors generally kept on 
 hand by him, or the concern in which he is engaged, at the prin- 
 cipal season of sale, or, if said applicant shall not have previous- 
 ly engaged in such trade or business, the amount of such stock 
 he expects to keep as aforesaid. Any person required by this 
 section to take out a license, who shall sell or offer for sale any 
 intoxicating liquors without first having procured such license, 
 and any person who shall violate any of the provisions of this 
 section as to the manner or quantity in which he shall sell or 
 offer for sale such liquors, whether he shall be required to take 
 out a license or not, shall be deemed guilty of a misdemeanor 
 and upon conviction thereof, shall be fined not less than two 
 hundred and fifty dollars, nor more than five hundred dollars, 
 in the discretion of the court; no license under this section 
 shall be issued for a longer period than one year, if issued for a 
 shorter period, the licensee shall pay for every month for which 
 his license is to run, one-twelfth of the annual charge for such 
 license, and all such licenses shall expire on the first day of May 
 succeeding their issue ; the whole of the money received by the 
 Clerk of the Court of Common Pleas for the licenses aforesaid 
 shall be paid over quarterly by said Clerk of the Court of 
 Common Pleas to the State, as now provided by law, and when 
 so paid over the Comptroller of the Treasury shall draw his 
 warrant upon the treasurer in favor of the Mayor and City 
 Council of Baltimore for three-fourths thereof, to be applied to 
 the general use of said city. 
 
 Tho license fee of .$1G0, under section 6SS as amended by Chapter 100 
 (A(;ts 1908) does not apply to a dealer who pays a brewery company 
 to bottle for him beer which he purchased from the brewery. The 
 statute applies where tlie licensee conducts a bottling f)usinesa of his 
 own and sells only fermented liquors which lie bottles liimself.
 
 360 
 
 1894, ch. 80. 1'. L. L.. (,1888) Art. 4, sec. 653W. 1906, ch. 278. 
 
 689. ^0 person shall receive a "hotel license/' allowing 
 the sale of intoxicating liquors at a hotel or ordinary, unless he 
 shall present to the Clerk of the Court of Common Pleas a 
 notification, as provided for in section 678 of this Article, 
 wherein the decision of the Board of Liquor License Commis- 
 sioners to grant a "hotel license," to the applicant, is plainly 
 expressed nor until such applicant, in addition to paying the 
 sum prescribed in this sub-division of this Article, shall have 
 also paid for and received a license to keep a hotel or ordinary, 
 as now provided by law. 
 
 As to license for ordiiunij, see, note to section 674, ante, and Black- 
 burn V. Livingstone, Ds^ily Record, Jan. 15, 1900. 
 
 1894. cli. 86. 1900, di. 278. 1\ L. L., (1888) Art. 4. .sec. 653X. 
 
 690. Any holder of a license to sell intoxicating liquors at 
 retail, by the drink or otherwise, may be permitted by said 
 Board, in their discretion, to sell or assign said license to an- 
 other person, to be used at the same or another place of business, 
 or to transfer his said license to another place of business; 
 provided, that the fitness and propriety of said intended pur- 
 chaser or assignee, and of said intended new place of business 
 shall be first approved by said Board upon due application 
 therefor, recommendation by qualified voters, advertisement of 
 same in newspapers, etc., as in case of an original appli- 
 cation for such license. Such sale or assignment or transfer 
 when granted by said Board shall be endorsed upon the license 
 by the Clerk of the Court of Common Pleas, who shall be 
 entitled to receive a fee of fifty cents therefor, and the same 
 shall then take effect. And whenever the said Board may be 
 satisfied that any license has been lost or destroyed or that any 
 licensee has transferred or assigTied his license to another 
 person, and the said transfer or assignment has been duly ap- 
 proved by the Board, in the manner above provided for, and the 
 original licensee withholds said license from the person or per- 
 sons to whom he has assigned or transferred the same, and 
 refuses to deliver or surrender said license, the said Board shall 
 have the power to revoke and cancel said original license and 
 to issue a duplicate license in lieu thereof to such transferee 
 upon the payment of the aforesaid fee of fifty cents, without 
 any additional license fee. And if any license shall he in 
 course of transfer for the same place of business, the Board sliall 
 have the power in its discretion to issue a permit to the owner 
 or transferee of such license to conduct business thereunder
 
 361 
 
 uutil a duplicate license can be issued or said transfer duly 
 effected, and the Clerk of the Court of Common Pleas shall 
 endorse upon such duplicate license the word "Duplicate," 
 together with the names of the original licensee, as well as that 
 of the transferee to whom such duplicate is granted, and in 
 the settlement of his accounts with the Comptroller and Treas- 
 urer of the State of Maryland, the said Clerk of the Court of 
 Common Pleas shall be allowed for such duplicate license. 
 
 1908, ch. 197. 
 
 690A. In addition to the powers conferred by section 690 
 of this Article, any holder of a license to sell intoxicating 
 liquors at retail, by the drink or otherwise, may assign, hypothe- 
 cate or pledge said license to any person, firm, association or 
 corporation as security for the repayment of any debt or the 
 performance of any obligation and the instrument so assigning, 
 hypothecating or pledging said license shall, upon the applica- 
 tion of the person, firm, association or corporation to whom the 
 same shall be made, be recorded by said Board as provided in 
 section 669 of this Article ; and whenever it shall be made to 
 appear to said Board upon petition duly verified by affidavit 
 that default has occurred in any of the conditions set forth 
 in said instrument, hypothecation or pledge, and the licensee 
 refuses to deliver the license to the party thereby entitled to 
 same, the said board shall have power, after such hearing as it 
 may deem advisable, to revoke the original license and issue a 
 duplicate license in lieu thereof, and upon so receiving said 
 duplicate the said assignee or pledgee shall have all the rights 
 and privileges conferred upon holders of licenses by the pro- 
 visions of this Article ; pro%dded, however, that nothing in this 
 section contained shall prevent any licensee who shall have 
 assigned, hypothecated or pledged a license under the provisions 
 of this section from prosecuting the business for which said 
 license was granted until the same shall have been revoked by 
 said Board under the provisions of this section ; and provided, 
 further, that nothing iir this Article contained shall prevent 
 the issuing of duplicate licenses under the provisions of this 
 section to any person or corporation whatsoever; provided, also, 
 that no license thus assigned, hypothecated or pledged, nor any 
 duplicate license thus issued, shall be used or disposed of by 
 any transferee or assignee except for re-hypothecation, cancella- 
 tion or rodomption without complying with provisions of Arti- 
 cle 000 of this Act.
 
 362 
 
 1908. ch. 197. 
 690B. Any holder of a license to sell intoxicating liquors at 
 retail, by the drink or otherwise, against whom no indictment 
 is pending for the violation of the liquor laws during the year 
 for which said license was granted, and who shall not have been 
 convicted for any such violation of said liquor laws during the 
 said year for which the said license was issued, who shall 
 cease to traffic in liquors during the term for which such 
 license was issued, and who shall surrender such license to the 
 Board of Liquor J^icense Commissioners, and who shall at the 
 same time file with the said Board of Liquor License Commis- 
 sioners a petition in such general form as the Board may pre- 
 scribe, duly sworn to before a notary public or justice of the 
 peace, asking to have the license marked "cancelled," shall be 
 entitled to have the amount paid for such license refunded pro 
 rata for the unexpired portion of the term for which such 
 license was granted, less ten dollars, provided that no refund 
 shall be allowed or paid upon the surrender of such license, un- 
 less the same shall have at least one full calendar month yet to 
 run. And upon the surrender of said license and the filing of 
 said petition the said Board of Liquor License Commissioners 
 shall thereupon compute the amount of refund then due on 
 said license for the unexpired term thereof, less ten dollars, 
 and shall execute duplicate vouchers therefor showing the name 
 of the person to whom the original license was issued, the num- 
 ber of said license, the date when issued, the amount paid 
 therefor, and the date when surrendered for cancellation, 
 together with the amount of refund due thereon at such date 
 as computed by them, the name of the person entitled to re- 
 ceive the refund and a warrant to the clerk of the Court of 
 Common Pleas directing him to pay said refund as set forth in 
 said vouchers, to the person so entitled, and one of said 
 vouchers the said Board shall deliver to the person entitled 
 thereto, together with said warrant on the Clerk of said Court 
 of Common Pleas, and the other of said vouchers it shall im- 
 mediately transmit, together with the surrendered license, to 
 the said Clerk of the said Court of Commori Pleas, and the 
 said Clerk of the said Court of Common Pleas upon the pres- 
 entation and surrender to him of the said voucher and warrant 
 given to the said petitioner, shall pay to him or his personal 
 representatives or assigns the amount called for by such vouch- 
 ers and warrant, out of such funds from the proceeds of liquor 
 licenses as may be in his hands as clerk of said court at the 
 time, or if insufficient funds are in his hands at the time of 
 presentation of such warrant, then out of the first funds from 
 
 I
 
 363 
 
 the proceeds of liquor licenses that come into his hands, and in 
 his next quarterly statement and account'ing to the State of 
 Maryland he shall be entitled to full credit for the amount 
 thus paid ; such warrants to be paid in the order in which they 
 are issued. 
 
 1804, oil. 257. 1'. L. L., (1888) Art. 4, sec. 653PL. 
 
 691. Every licensed dealer to whom the Board of Police 
 Commissioners for the City of Baltimore shall issue a peraiit 
 to sell intoxicating liquors at places of entertainment, as auth- 
 orized by section 682 of this Article shall pay the said Board 
 of Police Commissioners one dollar for said permit, the money 
 so paid to go into the special fund of said Board. 
 
 MOVING PICTURE MACHINE OPERATORS. 
 
 1910, ch. 693. 
 
 691a. That a new article, to be known as "Moving Picture 
 Machine Operators,'' and to be numbered as Ai'ticle . . ., be 
 and the same is hereby added to the Code of Public Local Laws, 
 whose provisions shall be as follows : 
 
 1910, ch. 693. 1912, ch. 814. 
 
 691b. That the term ''Moving Picture Machine Operator," 
 as used in this Act, shall be defined as and including any and 
 all persons engaged in the operation of moving picture ma- 
 chines. A license of moving picture machine operator issued 
 in accordance with the provisions of this Act shall entitle any 
 such person so licensed to operate any moving picture machine. 
 
 1910. ch. 693. 1912, ch. 814. 
 
 691c. That the Governor shall biennially appoint in aiid 
 for Baltimore City three persons: one from the Board of Fire 
 Underwriters' Association, one licensed moving picture ma- 
 chine operator, one master electrician, to represent the Building 
 In.spector's Office of Baltimore City; all of whom have had 
 not less than three years' experience at the business and who 
 havf! resided in Baltimore City, State of Maryland, for a period 
 of not l(!ss than two years next preceding their appointment, 
 who .shall be known as the Board of Examining Moving Picture 
 Machine Operators. The parties so appointed shall make oath 
 before a justice of the peace that they will faithfully perform 
 the duties of their office, and shall give bond in the sum of 
 five hundred dollars, to be approved by the Judge of the Su- 
 perior Court of Baltimore City.
 
 3(54 
 
 li»10. ell. U!>3. 11)12, ch. 814. 
 
 691d. Tiial all persons who, at the time of the euactmeni 
 of this Act, are engaged in the business of a moving picture 
 machine operator in the City of Baltimore, as described in 
 section 2 of this Act, shall within sixty days after the tirst 
 day of May, 1910, comply with all the provisions of this Act, 
 otherwise they shall be guilty of a misdemeanor, and upon con- 
 viction, before a police justice or in the Criminal Court of 
 Baltimore City, be fined a sum not less than live dollars, nor 
 more than twenty-live dollars, for each day or fraction thereof 
 that they shall pursue the business of moving picture machine 
 operator in the City of Baltimore ; and if said line is not paid, 
 shall be subject to imprisonment for thirty days or both at the 
 discretion of the judge. 
 
 1910, ch. 693. 1912, cb. 814. 
 
 691e. That if any such person desires to engage or continue 
 in said business of moving picture machine operator, after 
 the passage of this Act, he shall apply to the Board provided 
 for in section 3 of this Act, for a license and submit to an ex- 
 amination as to his qualification before said Board; and, if 
 found proficient by said Board, they shall issue a license, other- 
 wise they shall refuse to grant a license; if the said Board shall 
 find, after due examination, that the said applicant for a license 
 possesses a reasonable knowledge of the moving picture machine 
 operator business and electricity, as pertains to the operation 
 and management of moving picture machine, then the said 
 Board shall, upon payment of the fee herein provided for, 
 issue to said applicant a license for a term of not more than 
 one .year, and shall keep a record of all so issued; and no 
 person shall be granted a license who has not reached the age 
 of 21 years, and makes oath to such fact, and has had at least 
 one year's experience under a licensed operator or two years' 
 experience in operating a moving picture machine ; provided 
 that each applicant for the license shall pay to the said Board a 
 license fee of ten dollars ($10.00). Said license to be good 
 for a term of one year, and at the expiration of said term a re- 
 newal shall be issued by said Board upon the payment of a 
 fee of five dollars ($.5.00) for said renewal. Xo person granted 
 a license under the provisions of this Act shall operate a mov- 
 ing picture machine after the expiration of said license or after 
 said license shall have been suspended or revoked as herein 
 provided, unless the said license or renewal of same shall have 
 been granted as herein provided. 
 
 11
 
 365 
 
 1910, eh. 693. 1912, ch. 814. 
 
 691f. That any person taking a false oath in reference to 
 his age or time that he has operated under a licensed operator, 
 or length of time that he has operated a moving picture ma- 
 chine, shall be deemed guilty of perjury, and upon conviction 
 in the Criminal Court of Baltimore City be fined not less than 
 ten dollars ($10.00) nor more than fifty dollars ($50.00). Any 
 person failing to pass an examination within six months from 
 the date of last examination. The Board shall have jDowei- 
 to investigate the cause of any fire in a moving picture parlor 
 or theatre, and to revoke the operator's license upon satisfactory 
 proof that the fire was caused by the operator's negligence or 
 carelessness. The Board, on examining any applicant here- 
 under shall give him a thorough test as to his practical work, 
 together with such verbal examination, as the Board may 
 deem necessary. The Board shall have the poAver to enter 
 any operating room for the purpose of inspection at any time, 
 and shall also have the power at any time to re-examine any 
 operator upon due notice to him, and upon sufficient cause 
 shown suspend or entirely re\-oke a license theretofore granted. 
 
 19] 0. ch. 693. 1912, ch. S14. 
 
 691g. That any manager or owner of a moving picture par- 
 lor or theatre who employs a moving picture machine operator, 
 as in this Act defined, without said operator having first pro- 
 cured a license from said Board in the manner herein required, 
 .shall be deemed guilty of a misdemeanor, and upon conviction 
 before a police justice or in the Criminal Court of Baltimore 
 City be fined not less than five dollars ($5.00) nor more than 
 twenty-five dollars ($25.00) for each and every offense. 
 
 1910. ell. •;<»:•.. V.)]-2. ell. 814. 
 
 691h. That the said Board shall have full power to .suspend 
 for such period as may seem proper or revoke entirely the 
 license of any moving picture machine operator, who is negli- 
 gent or operates any moving picture machine in a dangerous or 
 improper manner, so as to be dangerous to the safety of life or 
 property, provided, that no license or renewal thereof shall be 
 suspended or revoked unless an opportunity is aftordod the 
 party charged to he incsciit in person, or by counsel, and make 
 any defence he may have; no license or renewal of same shall 
 be assignable or tran.sferable, and all renewals shall be kept 
 of record as in the case of original license.
 
 366 
 
 I'.tiM. < h. <:;.■;;. 
 691i. The said Jj(Xird of Examiners shall be paid a per 
 diem of five dollars ($5.00) for each day actually in session, 
 and shall pay the expense of maintaining their office out of the 
 proceeds derixcd from licenses and renewals, including office 
 rent, salary, etc. ; and no money shall be paid from the State 
 Treasury for any expense of this Board; any surplus which 
 may exist at the end of the term of the said Board shall be 
 returned to the Treasurer of the State; the said Board shall 
 meet as often as necessary for the proper transaction of its 
 business, and shall give at least five days' notice in some daily 
 newspaper published in Baltimore City of the time and place 
 of meeting for the purpose of examining applicants ; said Board 
 shall meet once in each month ; and all licenses and renewals of 
 licenses shall expire on the first day of May of each vear. 
 
 PAWNBROKERS. 
 
 1S8S, ell. 304. r. L. I... (1S8S) Art. 4, sec. 6.55. 
 692. All pawnbrokers in the City of Baltimore shall keep 
 or caused to be kept, in a suitable book or books to be provided 
 by them for that purpose, an accurate account showing the date 
 of each deposit made with them in the course of their business, 
 and of each purchase made by them in the course of their busi- 
 ness, of any and all personal property, so described as to 
 identify the said personal property so deposited or sold; and 
 showing also the sum of money advanced thereon or paid there- 
 for, the time for which any such deposit was agreed to be kept, 
 and the name of the depositor or seller of such personal prop- 
 erty, and his place of business or abode ; and such entries shall 
 be made by such pawnbrokers immediately upon the making 
 of any such transaction ; such book, and the personal properties 
 so deposited or purchased, shall be subject at all times to the 
 inspection of such agent or officer as may be designated for that 
 purpose by the Mayor and City Coimcil of Baltimore, and also 
 to the inspection of the Marshal of Police for the City of Balti- 
 more, and of such officer as he may designate for that purpose ; 
 and all pawnbrokers who shall omit, neglect or refuse to provide 
 and keep such book, or to enter therein forthwith as aforesaid an 
 account of all deposits made with and purchases made by them, 
 as aforesaid, with all the particulars thereof, as hereinbefore re- 
 quired, or who shall enter incorrectly in such book any such 
 account of deposits made with them, or purchases made by 
 them, as aforesaid, or who shall refuse to exhibit any of such 
 books and properties so deposited or purchased, if in their posr
 
 367 
 
 session or iiuder their control npon demand of any of the officers 
 empowered or anthorized as aforesaid to make such inspection^ 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be subject to a fine of not less than twenty dollars, 
 or an imprisonment of not less than thirty days, or to both fine 
 and imprisonment in the discretion of the court. 
 
 1880, ch. 104. P. L. L., (1888) Art. 4, sec. 656. 
 
 693. Before any person or body corporate shall transact the 
 business of pawnbrokers in the City of Baltimore, he or it 
 shall first obtain from the Clerk of the Court of Common Pleas 
 in said city, a State's license authorizing him or it to carry on 
 such business in the said city, for which said license he or it 
 shall pay the sum of five hundred dollars, and in addition to 
 this, he or it shall file with said clerk a bond to the State of 
 Maryland, in the sum of ten thousand dollars, to be approved 
 by said clerk, for the faithful performance of the requirements 
 of this sub-division of tliis Article; and any pawnbroker who 
 shall violate this section by failure to file such bond, or to ob- 
 tain the license as aforesaid, though continuing to transact the 
 business of a pawnbroker, shall be deemed guilty of a misde- 
 meanor, and shall, on conviction thereof, be fined the sum of 
 
 . five hundred dollars, or be imprisoned in the City Jail for the 
 term of six months, or both, in the discretion of the court. 
 
 :\rERCHAXDISE BROKERS. 
 
 l«l>l'. <li. ,-.(;i. I'. 1,. 1... (1SS8) Art. 4. sec. 6o7A. P. G. L.. (1888) Art. 
 
 50, sec. IS. 
 
 694. .Vny person or partnership applying for the same, and 
 paying the sum of eighteen dollars and seventy-five cents for 
 each individual or representative of such firm or partnership, 
 may obtain a license for carrying on the business of grain 
 broker, coffee broker, cotton broker, sugar broker, or merchan- 
 dise broker. 
 
 REAL ESTATE BROKERS. 
 
 1X.S.S. ch. 4!)".. P. L. L.. 0>^>i8) Art. 4, sec. mS. 
 
 695. Any person, co-partnership or firm applying for the 
 same, and paying tlic sum of money herein provided, may 
 obtain a license for carrying on the business of real estate broker 
 in the City of Baltimore ; provided, that the names of each 
 and every person comprising any co-partnersliip or firm apply- 
 ing for such license shall be inserted in said license; provided, 
 that the sum of money to be paid tliorcfor as aforesaid shall 
 be twentv-five dollars for the first two names inserted in said
 
 368 
 
 license, and twenty-live dollars additional for each and every 
 name above two inserted therein. 
 
 Coates V. Locust Point Co., 102 Md. 291. 
 
 In regard to the construction of sections 695 to 700, inclusive, of tiie 
 Charter, see, Wallcer v. Baldwin and Frick et al., 103 Md. 352, in vvliich 
 the Court of Appeals upheld the validity of a contract for commissions 
 made by an unlicensed real estate broker on the ground that the license 
 required to be obtained under the provisions of the Charter is a revenue 
 measure, and failure to obtain same does not invalidate the conti-act but 
 exposes such unlicensed broker to the penalty provided by the Act. This 
 affirms decision in re Coates v. Locust Point Company, decided at the 
 January 1906 term of the Court of Appeals, 102 Md. 291. 
 
 Real Estate Brokers. — For decisions in relation to powers of such 
 agents to act for principal in certain cases, see, Newcomer v. Brooks, 
 Daily Record, October 24, 1901. Becker v. Matthai, Daily Record, Jan- 
 uary 3, 1902. Crenshaw v. Baltimore Chrome Works, Daily Record, 
 August 31, 1903. 
 
 The Proceeds of Property in excess of specific selling price authorized, 
 belong to the owner of the property and not to the broker, notwith- 
 standing usage to the contrary.- — Newcomer v. Brooks, supra. 
 
 1888, ch. 495. P. L. L., (1888) Art. 4, sec. (>59. 
 
 696. Any person, co-partnership or firm who shall carry 
 on the business of real estate broker, or shall undertake to act 
 as such real estate broker by public advertisement, sign or other- 
 wise, without such license first obtained, or who shall use or 
 attempt to use the license of another with intent to evade the 
 provisions of sections 695 to 699 of this Article, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof, shall be 
 subject to and pay a fine or penalty of not less than two hun- 
 dred dollars nor more than five hundred dollars for each offence ; 
 one-half thereof for the use of the State, and the other half 
 thereof to the person or corporation that shall first prefer be- 
 fore the Grand Jury the charge against such offender ; and any 
 person, co-partnership or firm who shall directly or indirectly 
 act as a real estate broker, or shall undertake the buying or 
 selling of ground rents or other real estate, or of chattels real, 
 or the leasing of real estate or chattels real, or the negotiation 
 or sale of mortgage loans on real estate or chattels real, or the 
 collection of rents for others, with a view to reward or com- 
 pensation for such undertaking, shall be deemed to be carry- 
 ing on the business of real estate broker within the meaning of 
 said sections, and be subject to the fines or penalties herein 
 prescribed. 
 
 Coates v. Locust Point Co., 102 Md. 291. Walker v. Baldwin & Frick, 
 ]03 Md. 352. 
 
 11
 
 369 
 
 18SS, oh. 49.1. 1'. L. L., (ISSS) Art. 4, see. 6t)0. 
 
 697. If any person who has obtained such license shall die 
 or shall move from and cease to use and exercise the business 
 of real estate broker in the City of Baltimore, before the expira- 
 tion of the term in said license specified, the benefit of said 
 license for the imexpired term shall issue to and be continued 
 in his legal representative or assignee, upon application to the 
 proper clerk for that purpose, accompanied by the oath by the 
 party applying, made before a judge of a court of record and 
 endorsed on said license, that the person to whom said license 
 was originally granted is deceased, or has removed from and 
 ceased to use or exercise the said business in the said city. 
 
 1888, ch. 495. P. L. L., (1888) Art. 4, sec. 661. 
 
 698. Upon said application and affidavit the clerk shall, by 
 his endorsement on said license, authorize such legal represen- 
 tative or assignee to use or exercise the business of such real 
 estate broker in said city for the unexpired term in said license 
 named. 
 
 1888, ch. 495. P. L. L.. (1888) Art. 4, sec. 662. 
 
 699. Xo person, co-partnership, association or firm, legal 
 representative or assignee, shall use or occupy at the same 
 time more than one office or place of business for the transac- 
 tion of his or their business as such real estate broker, in said 
 city, unless a separate license be procured for each and every 
 such office or place of business, or for each and every branch 
 office where the business of said person, co-partnership, associa- 
 tion or firm as such real estate broker in said citv is carried on 
 or located ; and any person who shall violate the provisions of 
 this section shall be deemed guilty of a misdemeanor, and on 
 conviction thereof, shall be subject to the same fine and penal- 
 ties as are imposed by the provisions of section 696 of this 
 Article ; but nothing herein shall be so construed as to prevent 
 any such person, co-partnership, association or firm, legal rep- 
 resentative or assignee, from holding at the same time with the 
 license as real estate broker in said city, provided for by section 
 695 of this Article, a license or licenses for any other kinds 
 of brokerage business permitted by the laws of this State upon 
 paying to the clerk the several sums by law prescribed for such 
 license or lir-onses. 
 
 188S, cli. 495. p. r.. I>., (1888) Art. 4, sec. 663. 
 
 700. The five preceding sections shall not apply to transac- 
 tions of attorneys at law with their clients; but their provisioas
 
 370 
 
 shall nevertheless apply to all other persons who make a busi- 
 ness of brokerage or agency for others in transactions in real 
 estate, mortgage or chattels real, by solicitation, advertise- 
 ment, sign or otherwise, with a view to reward or compensation 
 for such business, whether the same be conducted under the 
 name of agent, property agent, broker, negotiator, financier, 
 dealer or any other name so as to evade the provisions of said 
 sections. 
 
 STEVEDORES. 
 
 1898, cL. 505. 1'. L. L., (18S8) Art. 4, sec. 008A. 
 
 700a. Before any person or body corporate shall transact 
 the business of a master stevedore in the City of Baltimore, 
 he or it shall first obtain from the Clerk of the Court of Com- 
 mon Pleas in said city a State's license, authorizing him or 
 it to carry on said business in the said city, for w^hich said 
 license he or it shall pay the simi of twenty-five dollars, and 
 any stevedore who shall violate this section by failure to obtain 
 the license as aforesaid, though continuing to transact the busi- 
 ness of a stevedore, shall be deemed guilty of a misdemeanor, 
 and shall, on conviction thereof in the Criminal Court of Bal- 
 timore City, be fined the sum of one hundred dollars, or be 
 imprisoned in the City Jail for the term not exceeding six 
 months, or both, in the discretion of the court. 
 
 Stoenken v. State, 88 Md. 708. 
 
 The Act 1898, eh. 505. was construed by the Court in re Steenkeii v. 
 State, 88 Md. 708. and the provisions relating to the bond required 
 under the terms of said Act wei'e dech\red unconstitutional and void, 
 but the validity of the remaining provisions of the Act upheld. The 
 act as embodied in section 70(Ja has been moditied to (.onform to the 
 decision of the Court. 
 
 DUTY OF SHEIIIFF AND CLERK OF COURT. 
 
 1866, eh. 151. 1888, ch. 372. P. L. L., (1888) Art. 4, sec. 669. 
 701. It shall be the duty of the Sherift' of Baltimore City 
 annually, in the month of April, to make or cause to be made 
 an alphabetical list of the names of all persons or bodies cor- 
 porate or politic in each ward of the City of Baltimore who 
 shall be exercising, pursuing any business, or be doing any 
 act or thing, or shall be in the use or occupation of any house 
 or place for any purpose for which a license is made necessary 
 by this sub-division of this Article, and to return such list to 
 the Grand Jury of said city at as early a period as practicable 
 after the first day of May then next ensuing: and the said 
 Sheriff shall, withiii the first week of the month of April. c:nv[^f
 
 371 
 
 a notice to be inserted in the daily papers of the city, cautioning 
 all persons and bodies corporate or politic whom it may con- 
 cern, to obtain a license, or renew the same, on or before the 
 first day of May then next ensuing; and said Sheriff shall be 
 entitled to receive fifty cents for everv license obtained bv any 
 person whose name shall be contained in the list so returned 
 by him, to be paid by the party applying for each license; but 
 the failure of said Sheriff* to give the notice herein directed 
 shall not excuse any neglect to obtain a license as required by 
 the Public General Laws. 
 
 3S0-1. eh. na. r. L. L.. (ISSS) Art. 4. sw. 069A. 
 
 702. There shall be entered in writing by the Clerk of the 
 Court of Common Pleas upon the face of all licenses obtained 
 by individuals, firms or corporations to conduct business as 
 trades in the City of Baltimore, the name of the street and 
 number of the house or building, or if there be no number, a 
 full desigTiation of the location of said house or building for 
 which a license is applied for; and each license shall only auth- 
 orize the transaction of business in one house or building, unless 
 the individual, firm or corporation shall occupy more than one 
 adjoining houses or buildings, and said houses or buildings have 
 open, direct, internal communication with each other; in that 
 case one license will cover transactions in said adjoining houses 
 or buildings so arranged and occupied; provided, always, that 
 any firm, individual or corporation may obtain any number 
 of licenses to conduct business in any number of separate place'^ 
 of business in said city, upon paying for each license a sum 
 graded according to the amount of stock or merchandise gen- 
 erally kept on hand or proposed to be kept on hand at the prin- 
 cipal season of sale in said respective places of business, accord- 
 ing to the Code of Public General Laws, Article 56, sections 
 40 to 52, or snr'h amendments as may hereafter be added thereto. 
 
 Kohr V. Gray, 80 Md. 274. 
 
 MARINERS AND CHARITABLE MARINE SOCIETY 
 
 OF BALTIMORE. 
 
 p. L. L., (1860) Art. 4, sec. iX\0. P. L. L., (1888) Art. 4, sec. 670. 
 
 703. Whenever a mariner residing in or sailing to or from 
 the jK)rt of Baltimore shall depart this life intestate, and leav- 
 ing no relations within the fifth degree, to be reckoned by count- 
 ing down fi-om the common ancestor to the more remote, the 
 whole surplus estate of such mariner, after paying debts, 
 funeral expenses and cost of administration, shall devolve on
 
 372 
 
 aud become the propertv of the Charitable Marine Society of 
 Baltimore. 
 
 MARKETS. 
 
 p. I.. I.., (18G0) Art. 4, sec. 631. P. L. L., (1888) Art 4, sec 672. 
 
 704. If any person shall buy, or cause to be bought, any 
 kind of vegetables, dead meat, poultry, butter, cheese, tallow, 
 eggs or hsh, in any of the markets of said city, or within ten 
 miles thereof, with an intent to sell the same again in such 
 markets, or city, or within two miles thereof, he shall for the 
 tirst offence forfeit the article, or the value thereof; for the 
 second offence, he shall forfeit the article and be fined four 
 dollars, and for every other offence forfeit fifteen dollars, to be 
 recovered in a summary way before a Justice of the Peace : 
 provided, that the purchasing of pork, beef and hsh, by the bar- 
 rel or other package, butter in firkins, or other packages not less 
 than fifty pounds, bacon or cheese by the quantity, by any mer- 
 chant 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. 
 
 /S'ee, Pfelieriug v. Baltimore City, 88 Md. 475, in relation to tlie powers 
 of the city to rej^uhite aud control markets. 
 
 P. L. I.., (1860) Art. 4, sec. 6.33. P. L. L., (1888) Art. 4, sec. 673. 
 
 705. ^Mienever any person shall be found exposing for sale 
 any of the articles enumerated in the preceding section, other- 
 wise than in his store or shop, and there shall be good cause to 
 suspect they have been purchased contrary to the provisions 
 of the preceding section, it shall be lawful for any person 
 
 ,to apply to a Justice of the Peace for a warrant to apprehend 
 the person so suspected, and the Justice shall have power to 
 inquire into the offence; and if the person suspected be con- 
 victed thereof, or if he cannot make it appear to the satisfaction 
 of the Justice that he raised or made the articles offered by him 
 for sale, or is disposing of them on account of the person who 
 raised or made them, or that he bought the same ten miles or 
 npwards from the City of Baltimore, he shall be deemed to }>e 
 an off'ender against the provisions of the preceding section, and 
 the fines and forfeitures shall be recovered in a summary way 
 before the said Justice. 
 
 7'. L. L.. (ISfiO) Art. A. sec. 034. 1'. L. I.., (1888) Art. 4. sec. 674. 
 
 706. All butter sold by the pound in the said markets shall 
 weigh sixteen ounces avoirdupois weight; and any person 
 bringing butter to the said markets and offering the same for
 
 .1 >- •-) 
 
 sale, of less Aveigiit than sixteen onnees avoirdnpois, shall for- 
 feit the same, and it shall he seized and taken hy the clerk 
 of the market and sold for the nse of the city. 
 
 P. L. L., (1860) Art. 4, sec. t)3«. P. L. L., (ISSS) Art. 4, sec. 070. 
 
 707. J^To charge, tax or fees shall be set, rated or levied 
 upon any person or the property of any person who shall attend 
 any of the markets of said city with any articles or produce 
 from the country, to vend in said markets, of his own growth, 
 produce or manufacture, or as the agent of the grower, producer 
 or manufacturer of the same, unless such person shall occupy 
 some place or stand in some of said market-houses; provided 
 such person or agent be not a resident of said city. 
 
 1\ L. L., (I860) Art. 4, sec. 637. P. L. L., (1888) Art. 4, sec. 077. 
 
 708. If any clerk of the market, or any other person or 
 otHcer appointed by or under the provisions of this Article, shall 
 demand, receive or collect any tax or other charges from any 
 person attending the markets of said city as provided in the 
 preceding section, who shall be standing in the open streets, and 
 who does not occupy any place or stand in the market, he shall 
 be liable to a fine of twenty dollars for each offence, to be re- 
 covered before any Justice of the Peace as small debts, one- 
 half to the informer and the other half to the State. 
 
 P. L. L., (1800) Art. 4, sec. 040. P. L. L., (1888) Art. 4, sec. 680 
 
 709. The city may agree with the owners of any land or 
 other property which it may deem expedient to purchase and 
 hold, for the purpose of extending any market ; and if they 
 cannot agree, or if there be any incapacity in the owners to 
 contract in relation thereto, or if such owners be unknown or 
 out of the State, any Justice of the Peace for said city, on 
 application of the Mayor and City Council of Baltimore, may 
 issue his warrant to the Sheriff of said city, commanding him 
 to summon from the said city a jury of twenty freeholders, in- 
 habitants of said city, not related to the owners or persons in- 
 terested 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 sucli 
 day by the Mayor and City Council of Baltimore, to every 
 owner or person interested, and left at his place of al)ode. 
 
 p. ].. L.. (1860) Alt. 4. sec. 641. P. L. L., (1888) Art. 4, sec. 081. 
 
 710. If any infant or lunatic or feme covert be the ownci- 
 ill whole or in part of the property subject to be condeniiicd.
 
 374 
 
 the notice shall be given to his or her guardian, trustee, com- 
 mittee or husband, as directed in the preceding section. 
 
 P. L. L., (1860) Art. 4. sec. &42. P. L. L., (1888) Art 4, sec. 682. 
 
 711. If such owner, guardian, trustee, committee or hus- 
 band resides out of the State, or is unknown, such notice shall 
 be published not less than eight weeks, successively, in some 
 one or more of the daily newspapers of said city. 
 
 V. L. L., (3860) Art. 4, sec. 643. P. L. L., (1888) Art. 4, sec. 683. 
 
 712. The owner of such property, or the guardian, trus- 
 tee, committee or husband of the owner may, from the list of 
 jurors returned by the Sheriff, strike four, and the Mayor and 
 City Council of Baltimore, four, so that the number of jurors 
 may be reduced to twelve ; and if either party neglect or fail to 
 strike off the names of jurors, the Sheriff' or his deputy shall 
 strike for the party so failing or refusing. 
 
 P. I>. L., (1860) Art. 4, sec. 644. P. L. L., (1888) Art. 4, sec. 684. 
 
 713. The Sheriff or his deputy shall, before the said jury 
 proceed to act, administer to each of the jurors an oath, justly 
 and impartially to value the damages which the o^vners or par- 
 ties holding an interest in the property to be condemned will 
 sustain by the use and occupation thereof by the Mayor and 
 City Council of Baltimore. 
 
 P. L. L., (1860) Ai-t. 4, sec. 645. P. L. L., (1888) Ait, 4, sec. 685. 
 
 714. The jur}^ so qualified shall inquire into, assess and 
 ascertain the sum of money to be paid by the Mayor and City 
 Council of Baltimore, for the land or other property to be con- 
 demned, having regard to all the circumstances of damage or 
 benefit to result to such owner or party interested therein. 
 
 P. L. L., (1860) Art. 4, sec. 646. P. L. L., (1888) Art. 4, sec. 686. 
 
 715. The jury shall reduce their inquisition to writing, and 
 shall sign and seal the same, and it shall then be returned by 
 the Sheriff to the Clerk of the Superior Court of said city, and 
 be bv such clerk filed in his office, and shall be confirmed bv 
 said court at its next, session if no sufficient cause to the con- 
 trary be shown, and when confirmed shall be recorded by the 
 said clerk at the expense of the Mayor and City Council of 
 Baltimore.
 
 375 
 
 p. L. ],.. (18t>0) Art. 4, see. G47. P. L. L., U^SS) Art, 4, sec. 687. 
 
 716. If said inquisition be set aside by the said court, the 
 court shall direct another inquisition to be taken in the manner 
 hereinafter directed. 
 
 P. L. L., (1860) Art. 4, see. 648. P. L. L., (1888) Art. 4, sec. 688. 
 
 717. Every such inquisition shall describe the property 
 taken or the bounds of the land condemned, and the quantity 
 or duration of the interest in the same valued to the Mayor 
 and City Council of Baltimore; and such valuation, when paid 
 or tendered to the owner of said property or his legal represen- 
 tatives, shall entitle the Mayor and City Council of Baltimore 
 to the full, legal and equitable title, interest and estate of the 
 owners of said property, estate and interest in the same thus 
 valued, as fully as it had been held by the owners of the same ; 
 and the valuation, if not received when tendered, may at any 
 time thereafter be received without interest by the said owners, 
 or their legal representatives. 
 
 P. L. L., (1860) Art. 4, sec. 649. P. L. L.. (1888) Art. 4, sec. 689. 
 
 718. If the twenty jurors sununoued as hereinbefore di- 
 rected shall not appear at the time and place mentioned, the 
 Sheriff or his deputy shall forthwith summon other freeholders 
 of the city, qualified as before directed to make up the said 
 jury to the number of twelve. 
 
 p. I.. L., (1888) Art. 4. sec. 650. P. L. L.. (1888) Art. 4, sec. 690. 
 
 719. The jurors summoned and attending shall be allowed 
 one dollar per day for their services ; the Sheriff' shall be allowed 
 the same fees as for summoning jurors to the Superior C(nirt, 
 and two dollars a day for each day he or his deputy shall attend 
 upon such inquisition; and such expenses shall be paid by the 
 Mayor and City Council of Baltimore, except in cases of 
 objection to the confirmation of the inquisition, when the costs 
 in said court, may be awarded in the discretion of the court. 
 
 MOKTGAGES. 
 
 1833, eh. 181. 18.H6, ch. 249. P. L. L., (1860) Art. 4, sec. 782. 
 P. L. !>., (1888) Art. 4, sec. 692. 1890, ch. 197. 
 
 720. In all cases of conveyances of lands or hereditaments 
 or of chattels real, or goods and chattels personal, situate in the 
 said city, wherein the mortgagor shall declare liis assent to tlie 
 passing of a decree for the sale of the same, it shall be lawful 
 for the mortgagee or his assigns at any time after filing the
 
 376 
 
 same to be recorded, to submit to either of the Circuit Courts 
 of Baltimore City the said conveyances or copies thereof, under 
 seal of the Superior Court; and the Circuit Court to which 
 the same is so submitted, may thereupon forthwith decree that 
 the mortgaged premises shall be sold at any one of the periods 
 limited in said conveyances for the forfeiture of said mortgages 
 or limited for a default of the mortgagors, and on such terms 
 of sale as to the said court may seem proper, and shall appoint 
 by said decree a trustee or trustees for making such sale, and 
 shall require bond and security for the performance of the 
 trust as is usual in cases of sales of mortgaged premises. 
 
 Eiclielberger v. Harrison, 3 Md. Ch. 39. Cronise v. Clark, 4 Md. Ch. 
 403. Williams v. Williams, 7 Gill 302. Ing v. Cromwell, 4 Md. 31. 
 Gatchell v. Presstman, 5 Md. 161. Kanffman v. Walker, 9 Md. 229. 
 Robertson v. Amer. Homestead Association, 10 Md. 397. Kenly v. Wier- 
 man, 18 Md. 302. Black v. Carroll, 24 Md. 252. Franz v. Teutonia Bldg. 
 Ass'n, 24 Md. 269. Brooks v. Hayes, 24 Md. 518. Seebold v. Lockner, 
 30 Md. 133. Tome v. Merchants and Mechanics Bldg. Ass'n, 34 Md. 12. 
 Heuisler v. Nikum, 38 Md. 270. Shaefer v. Amicable P. L, & L. Co., 47 
 Md. 126. Kerchner v. Kemptou, 47 Md. 568. Gustave Adolph Bldg. 
 Ass'n V. Kratz, 55 Md. 394. Abrahams v. Tappe, 60 Md. 317. Trayhern 
 V. Colburn, 66 Md. 280. Bernstein v. Hobelman, 70 Md. 29. Chilton v. 
 Brooks, 71 Md. 445. Roberts v. Loyola Bldg. Ass'n 74 Md. 1. Haskie 
 V. James, 75 Md. 568. Hughes v. Riggs, 84 Md. 505. Connaughtou v. 
 Bernard, 84 Md. 589. Knapp v. Anderson, 89 Md. 189. 
 
 Mortgages; Powers of Circuit Court Xo. 2. Circuit Court No. 2 of 
 Baltimore City has power to pass an ex parte decree authorized by a 
 mortgage executed prior to the establishment of said court. Miller v. 
 Gunkle, Daily Record, April 2, 1892. 
 
 Powers of Sale and Assent to Decree. The power of sale and assent 
 to the passage of a decree contained in a mortgage, is a power coupled 
 with an interest. Easter v. Easter. Daily Record, January 23, 1897. 
 
 1833, ch. 181. 1880. ch. 216. P. L. T... (1888) Art. 4, sec. 693. 
 721. The trustee or trustees so appointed, after having given 
 bond with security, may, after the arrival of the period limited 
 by the decree for a sale, sell, agreeably to the terms of said 
 decree, the mortgaged property or any part thereof ; the mort- 
 gagees, their executors, administrators or assigns, if the mort- 
 gage claim shall have been assigned before such sale, or their 
 duly constituted agent or attorney, after the arrival of the 
 period aforesaid, verifying by their oath a statement of the 
 amount of said mortgage claim remaining due, before the 
 Judge of said court or before any Justice of the Peace of this 
 State, the official character of any Justice of the Peace for any 
 county being certified under his official seal by the Clerk of the 
 Circuit Court for the county where the affidavit is made, where 
 the affidavit is made outside of the Citv of Baltimore, or before
 
 37Y 
 
 auY person outside of this State authorized to take ackuowledg- 
 ments of deeds ; and such statement shall be filed in said court. 
 
 Hays V. Doisey, 5 Md. 99. Ziegler v. King, 9 Md. 330. White v. 
 Malcolm, If. Md. 529. Brooks v. Hayes, 24 Md. 507. Md. Perm. Bldg. 
 Society v. Smith, 41 Md. 516. Hughes v. Riggs, S4 Md. ,505. McCause- 
 land V. Humane, etc. Society, 95 Md. 744, 
 
 P. L. L., (1860) Art. 4, sec. 784. P. L. L., (1888) Art. 4, sec. 694. 
 
 722. Such sales and the conveyances thereupon shall have 
 
 the same effect, if finally ratified by said court, as if the same 
 
 had been made under decrees between the proper parties in 
 
 relation to the mortgages, and in the usual course of said court. 
 
 Gatchell v. Presstman, 5 Md. 161. McDowell v. Goldsmith, 6 Md. 319. 
 Monimiental B. Ass'h No. 2, v. Herman, 33 Md. 128. Morrill v. Gelston's 
 Lessee, 34 Md. 413. Carroll v. Kerschuer, 47 Md. 262. Rau v. Robert- 
 son, 58 Md. .506. White v. McClellan, 62 Md. 347. Albert v. Hamilton, 
 76 Md. 304. 
 
 P. L. L.. (1860) Art. 4, .sec. 785. I*. L. L., (1888) Art. 4, sec. 695. 
 
 723. The trustee or trustees shall report the sales to tlie 
 court for its consideration and ratification or rejection; and 
 such orders shall pass therein touching such ratification as are 
 usual on sales of mortgaged property in said court. 
 
 Hardy v. Smith, 41 Md. 1. Haskie v. James, 75 Md. 568. Albert v. 
 Hamilton, 76 Md. 309. 
 
 P. L. L., (1860) Art. 4, sec. 786. P. L. L., (1888) Art. 4, sec. 696. 
 
 724. Any allegations may be made, and proof under the 
 orders of the said court exhibited, and a trial of the allegations 
 had as the court shall prescribe, to show that the sales ought not 
 to have been made. 
 
 Robertson v. Homestead Bldg. Ass'n, 10 Md. 407. Black v. Carroll, 
 24 Md. 251. Heuisler v. Nickum, 38 Md. 273. Equitable M. li. I. Ass'n 
 V. Becker, 45 Md. 632. Bernstein v. Hobelman, 70 Md. 29. Roberts v. 
 l.oyola P. B. A., 74 Md. 1. Haskie v. James, 75 Md. 568. Albert v. 
 Hamilton, 76 Md. 304. Richardson v. Owens, 86 Md. 664. 
 
 The cases cited under section 724, mainly relate to proceedings insti- 
 tuted to set aside sales under this sub-division of this Article. 
 
 1'. L. ]... (isco) AH. 4, sec. 7s7. P. T.. I... (1888) Art. 4, .sec. 697. 
 
 725. The said court, upon being satisfied of the truth of 
 said allegations, shall reject and set aside the sale, and in such 
 case no part of the costs or expenses or trustee's commission, 
 if any .such commission be claimable, in relation to the said 
 sales, shall be chargeable upon said property, or the mortgagors, 
 their heirs, executors, administrators or assigns, but shall be
 
 378 
 
 wholly chargeable against the persons at whose instance or 
 
 for whose benefit the said sales shall have been proposed to be 
 
 made. 
 
 Equitable liand Impint. Ass'n v. Becker, 45 Md. 634. 
 
 18.33, ch. 181. 1'. L. L., (1860) Art. 4, sec. 788. P. L. L., (1888) Art. 
 
 4, sec. 698. 
 
 726. The clerk of said court shall file and record the said 
 decrees, and docket the cases of the application therefor; and 
 in the said decree, and to be recorded therewith, shall file a copy 
 of the mortgage upon which the same was rendered, and shall 
 be entitled to the usual fees for such services. 
 
 1833, ch. 181. 1'. L. L., (1860) Art. 4, sec. 789. P. L. L., (1888) Art. 
 
 4, sec. 699. 
 
 727. Any entry on the docket of said court by the person 
 entitled to assign the said mortgage claim, of the use and bene- 
 fit of said decrees, shall have the same effect as assignments 
 and conveyances of the said mortgage interests, to have effect 
 and precedence from the time of their respective entries ; and 
 the said entries shall not be made without an order or direction 
 in writing, to be acknowledged before the Judge of said court, 
 or a Justice of the Peace, by the persons purporting to sign 
 the same, and filed and recorded bv said clerk. 
 
 IK^J. rh. ISl. P. L. L.. (1860) Art. 4, sec. 790. P. L. L.. (1SS8) Art. 
 
 4, sec. 700. 
 
 728. The duly authorized entries upon the docket of said 
 court, of the satisfaction of said decrees, and the discharge of 
 said mortgage claims, made by the persons entitled to receive 
 said claims, shall have the same effect to discharge the moa-tgaged 
 property of said mortgage, and all liens thereunder, as any 
 conveyances by the parties interested in such claims, and the 
 holders of the legal estate and interests therein, if competent to 
 convey, could have at law or in equity ; but such entries shall 
 not be made without an order or direction in wi'iting, acknowl- 
 edged by the persons purporting to have signed the same, before 
 the Judge of said court, or a Justice of the Peace, and filed by 
 the clerk of said court ; and the entries shall refer to such orders 
 or directions, and the names of the persons aforesaid : and said 
 order and directions shall be recorded in said court with said 
 decrees. 
 
 1833, ch. 181. I'. I., r... (1S60) Art. 4. sec. 791. P. L. 1... (18.S8) Art. 
 
 4, sec. 701. 
 
 729. The said court may, at its discretion, from time to time,
 
 379 
 
 appoint any other trustee or trustees in place of those appointed 
 by the decree ; and the proceeds of such sales shall be accounted 
 for, to, and distributed by, said court, in the manner usual in 
 cases of sales imder decrees of said court. 
 
 P. L. L.. (1S60) Art. 4. see. 792. P. L. L.. (1888) Art. 4, see. 702. 
 
 730, Any mortgagee of property in the City of Baltimore, 
 his assignee or. executor, where a power to sell is contained in 
 the mortgage, may proceed under Ai'ticle 66 of the Public Gen- 
 eral Laws, title "Mortgages," but notices of sale under such 
 power shall be published in two daily newspapers in said city 
 for the period required by law. 
 
 Chilton V. Brooks, 71 Md. 445, 453. Roberts v. Loyola, P. B. Ass'n, 
 74 Md. 3, 4. Knapp v. Auderson, 89 Md. 190. 
 
 Advertisement. Requisites of a valid advertisement. — Kaufman v. 
 Walker, 9 Md. 229. White v. Maleolm, 15 Md. 529. Reeside v. Peter, 
 .33 Md. 120. Stevens v. Bond. 44 Md. 506. Wareheim v. Building Ass'n, 
 44 Md. 512. Direks v. Logsdou, 59 Md. 173. Mistakes in advertisement ; 
 efFeet of.— Brooks v. Hays. 24 Md. 507. Patterson v. Miller, 52 Md. 388. 
 
 An)ie.ration Act. Effeet of, on power to sell. — Chilton v. Brooks, 71 
 Md. 445. Roberts v. Loyola P. B. Ass'n, 74 Md. 3. 
 
 Assignment of Mortgage. Effect on power of sale. — Russum v. Waaser, 
 53 Md. 92. Bouldin v. Reynolds, 58 Md. 491 and Erb v. Grimes, 94 Md. 
 92. 
 
 Auctioneer. See, "Mis-statement of Auctioneer." 
 
 Audit. When audit may be dispensed with. — Koins v. Shaffer. 27 Md. 
 83. 
 
 Bond of Foreclosure. — See, Coekey v. Coale, 28 Md. 276 and Ware- 
 heim v. Carroll Bldg. Ass'n, 44 Md. 512. 
 
 Commissions. Commissions in mortgage sales are not chargeable 
 against the mortgagor as being embraced in the term "expenses of sale." 
 Johnson v. Glenn, SO Md. 369. Commissions in mortgage sales are a 
 matter of contract. — Dorsey v. Omo, 93 Md. 74. 
 
 Debt. Nature of mortgage debt. — W. M. R. R. Co. v. Goodwin, 77 
 Md. 271. 
 
 Decree. Effect of void decree. — Kerchner v. Kempton, 47 Md. 568. 
 
 Default. See, "Insurance and Interest." 
 
 Exceptions. When and by whom exceptions to ratification of sale 
 may be filed. — Aukum v. Jantziger, 94 Md. 421. Bond v. Gray Imp. 
 Co., 102 Md. 426. 
 
 Expenses of Sale. See, "Commissions." 
 
 Inadequacy of Price. When suflicient ground for setting aside sale 
 uiifler power to sell.— Harniekell v. Orndorff. 35 Md. 341. Horsey v. 
 Hough. .38 Md. 130. Condon v. Maynard, 71 Md. 601. Carroll v. Hut- 
 ton. 91 Md. 379. 
 
 InHuranvc. When failure to pay constitutes default. — Walker v. 
 Coekey, 38 Md. 75. Right of mortgagee to insurance on mortgaged 
 premises wlion fire takes i)lace after siile, but before ratification thereof. 
 — Bowdoin v. Hammond, 79 Md. 173. 
 
 Interest. When non-payment of interest constitutes default. — Mow- 
 bray V. Leckie. 42 Md. 474. Ae<"ei>tanee of Interest by mortgagee after
 
 380 
 
 ♦h't'ault does not constitute waiver of latter's right to foreclosure. — 
 Mahoney v. McCubbin, 52 Md. 357. 
 
 Jurisdiction. Jurisdiction of coiu't in sales under powers. — Cockey v--. 
 Coale, 28 Md. 276. 
 
 Misstatements. Setting aside sale under a power on account of mis- 
 statements of auctioneer.- — Schaeffer v. Bond, 70 Md. 480. 
 
 Mortgage Notes. When filing of same unnecessary. — Heidel v. Bladen, 
 83 Md. 225. 
 
 Mortgagor. Effect of death of on power to sell. — Berry v. Skinner. 
 80 Md. 567. 
 
 Notice. R<qiiisitcs of Valid Notice of ^ale. White v. ]Malcolm. 15 
 Md. 529. Dircks v. Logsdon, 59 Md. 17.3. Carroll v. Hutton, 91 Md. 
 379. Errors in Notice.— White v. McClellan, 62 Md. 347. 
 
 Power to Sell. The power to sell is a power coupled with an interest. 
 —Berry v. Skinner, 30 Md. 567. Dill v. Satterfield, 34 Md, 52. Har- 
 nickell v. Orndorff, .35 Md. 541. W. M. R. R. Co. v. Goodwin, 77 Md. 
 271. Aud as such is assignable. — Russum v. Wauser. 53 Md. 92. Boul- 
 din V. Reynolds, 58 Md. 491. Erb v. Grimes. 94 Md. 92. Is a power 
 coupled with an interest when conferred on the mortgagee. — -W. M. R. 
 R. Co. V. Goodwin. 77 Md. 271. And not ivlien conferred on a third 
 party who has no interest in the estate and. does not pass to his per- 
 sonal representatives. — Barrick v. Horner, 78 Md. 253. 
 
 Where an Assignment is Made for the purpose of foreclosure only, 
 the power to sell is not a power coupled with an interest and does not 
 pass to the personal representatives of the assignee, nor can latter exer- 
 cise same.— Taylor v. Carroll, 89 Md. 32. 
 
 The Mortgagee's Power of sale is not affected by an order of the 
 <')rphans' Court directing the mortgagor's executor to sell the mortgaged 
 premises. — Mish v. Lechlider. 89 Md. 275. 
 
 Though not Exercisable by a corporation as assignee, a power of sale 
 may be exercised by the assignee of such corporation. — Maslin v. Mar- 
 shall, 94 Md. 4.30. 
 
 Rati/ication of Sale. Grounds for objection to ratification of sale 
 under power to sell. — Hubbard v. .Tarrell. 23 Md. 6('>. 
 
 Sales. A sale for cash where terms of sale are not stated in mortgage 
 is valid. — Powell v. Hopkins, 38 Md. 1. When a sale in solido will be 
 set aside.^ — Patterson v. Miller, 52 Md. 388. A power to sell property 
 out.side of the county in which it lies cannot be given in a mortgage. — 
 Webb V. Haeffer, 53 Md 187. No order of Orphans' Court is required 
 in sales of mortgaged property by executors of assignee of mortgage. — 
 Chilton V. Brooks, 71 Md. 453. Sales where division of land was im- 
 proper.- — Carroll v. Hutton. 91 Md. 379. The discretion of the trustee 
 as to the mode of offering property for sale under power to sell in mort- 
 gage must be properly exercised.- — Thomas v. Fewster, 95 Md. 450. 
 When sale will he set aside. — Kauffman v. Walker, 9 Md. 229. Ofily 
 sufficient property should be offered for sale to pay the mortgage debt 
 and expenses when the property is divisible in a practical manner. — 
 Mays V. Lee. 100 Md. 229. Sale hg assignee of mortgage under power 
 of sale ; duty of such assignee. — Wicks v. Westcott, 59 Md. 270. 
 
 Trustee. A trustee cannot purchase at his own sale. — Korns v. Shaf- 
 fer, 27 Md. 83. Duty of trustee under power to sell to all parties. — 
 Dickerson v. Small. 64 Md. 395. Carroll v. Hutton, 88 Md. 679. For 
 a full discussion of duties of trustee In relation to sales of mortgaged 
 property under power of sale. See. Wicks v. Westcott. .59 Md. 270.
 
 381 
 
 1833, ch. 181, sec. 3. 1864, ch. 124. P. L. L., (1888) Art. 4, sec. 703. 
 
 731. Where a default of the mortgagors has taken phiee 
 before the said conveyances have been submitted to the Circuit 
 Court of Baltimore City, it shall, nevertheless, be the duty of 
 said court, upon the submission of the said conveyances to such 
 court, after the said default, to forthwith decree that the mort- 
 gaged premises shall be sold on such terms of sale as to the said 
 court shall seem proper, and to appoint by said decree a trustee 
 or trustees to make such sale, requiring bond and security for 
 the performance of the trust, as is usual in the case of the sale of 
 mortgaged premises : and the said trustee or 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 mort- 
 gagees, or the executor or administrator of a deceased mort- 
 gagee, or the assig-nee or assignees of the mortgagee or one of 
 such assignees, or the executor, or administrator of a deceased 
 assignee, shall file in the court in which the said proceedings are 
 pending, a statement of the amount of the said mortgage claim 
 remaining due, verifSdng the same by the oath or affirmation of 
 the party filing the same ; and the said affidavit or affirmation 
 may be made before any of the persons mentioned in section 721 
 of this Article, and the same shall be authenticated as provided 
 for in section Y21, 
 
 Hays V. Dorsey. 5 Md. 99. Gatchell v. Pre.sstmau. 5 Md. 161. Black 
 V. Carroll, 24 Md. 2.">2. T'.rf.cks v. Hays. 24 Md. .507. Connauffhtoii v. 
 Bornard. 84 Md..595. 
 
 1898, ch. 327. 
 
 731a. If, upon a sahi of the whole mortgaged property by 
 virtue of a decree passed under an assent to the passing of a 
 decree contained in the mortgage under the provisions of section 
 720 of this Article, the net proceeds of sale, after the cost and 
 expenses allowed by the court are satisfied, shall not suffice to 
 pay the mortgage debt and accrued interest, as the same shall be 
 found and determined by the judgment of the court upon the 
 report of the auditor thereof, the court may, upon the motion 
 of the plaintitV, the mortgagee or his legal or equitable assignee, 
 after due notice, by summons or otherwise, as the court may 
 direct, enter a decree in personam against the mortgagor or 
 other party to the suit or proceeding, who is liable for the pay- 
 ment thereof, for tlie amount of such deficiency; pi'ovided the 
 mortgagee or his legal or er|uitable assignee would be entitled to 
 maintain an action at law upon the covenants contained in the 
 mortgage for said I'esidue of said mortgage debt so remaining 
 unpaid and unsatisfied by the proceeds of such sale or sales;
 
 382 
 
 which decree shall have the same effect and be a lien as in a case 
 of a judgment at law, and may be enforced in like manner by a 
 writ of execution in the nature of a writ of fieri facias by attach- 
 ment or otherwise. 
 
 1864, eh. Ili4. 1'. L. L., (1888) Art. 4, sec. 704. 
 
 732. The provisions of sections 722 to 729, inclusive, of this 
 Article, shall apply to all the proceedings under section 731. 
 
 1910. ch. 157. 
 
 732A. Any affidavit, affinnation or acknowledgment naen- 
 tioned in the preceding sections of this Article relating to mort- 
 gages, or incidental to any proceedings thereunder, may be made 
 before a notary public. 
 
 1914, ch. 587. 
 
 732A. Municipal Liens. The Mayor and City Council of 
 Baltimore may establish a sub-department or bureau where the 
 record of all municipal charges and assessments of every char- 
 acter may be kept, and may provide for the issuance of a certifi- 
 cate stating whether any, and if so what, municipal charges or 
 assessments exist against any particular property, and for 
 making a reasonable charge for such certificata 
 
 NOTARIES PUBLIC. 
 
 1801, ch. 86, sec. 2. 1872, ch. 191. 1880, ch. 21. 1886, ch. 14. 1890. eh. 
 
 71. 1892, ch. 373. 1896, ch. 137. 1898, ch. 81. 1898, ch. 123. 
 
 1900, ch. 150. 1902, ch. 112. 1902, ch. 321. 1904. ch. 15. 
 
 P. G. L.. (1860) Art. 67. sec. 1. P. L. L., (1888) 
 
 Art. 4. sees. 704A, 704A 1-2. 
 
 733. The Governor, by and with the consent of the Senate, 
 shall appoint and commission twenty l^otaries Public for each 
 of the Legislative Districts of Baltimore City, and twenty 
 Notaries Public at large for said city, to be selected from such 
 districts as the Governor may elect and determine. 
 
 As to how far a Notary Public may impeach his certificate, see, Cen- 
 tral Bank v. Copeland, 18 Md. 305. Matthews v. Dare, 20 Md. 271. 
 Highburger v. Stiffler. 21 Md. 351. Nicholson v. Snyder. 97 Md. 415. 
 
 1904, eh. 227. 
 
 733A. In addition to the Notaries Public heretofore author- 
 ized and mentioned in section 733 of this Article (as repealed 
 and re-enacted by the Acts of the General Assembly of 1904), 
 the Governor, bv and with the advice and consent of the Senate,
 
 383 
 
 shall appoint and commission tweuty-tive additional Notaries 
 Public at large, to be selected from such ward or wards as the 
 Governor may elect and determine. 
 
 1906, ch. 317, sec. 1. 
 
 733Aa^ The Governor, by and with the advice and consent 
 of the Senate, is authorized to appoint twenty Notaries Public 
 for Baltimore City, two of whom may be females, in addition 
 to the number now authorized bv law. 
 
 1904, ch. 15. 
 
 734. No person shall be eligible to the office of Notary Pub- 
 lic except a citizen of the United States who has resided in the 
 State for two years previous to his appointment; but women 
 otherwise qualified, shall be eligible to said office, provided the 
 number of said women so appointed and commissioned shall not 
 exceed ten in number. 
 
 OYSTERS. 
 
 1892, ch. 630. P. L. L.. (1SS8) Art. 4, sec. 704B. 
 
 735. All oysters in the shell sold in the City of Baltimore 
 shall be measured by a licensed measurer ; any person may ob- 
 tain a license therefor from the Clerk of the Court of Common 
 Pleas by paying therefor the sum of ten dollars and taking an 
 oath before said clerk for the faithful performance of his duty ; 
 said license shall hold good for one year; a measurer shall re- 
 ceive for his services one-half cent per bushel, to be paid equally 
 by the buyer and seller ; any person violating the provisions of 
 this section shall be deemed guilty of a misdemeanor, and on 
 conviction, shall be fined not less than twenty nor more than 
 fifty dollars for ea(;h offence, and imprisoned until the fine and 
 costs shall be paid. 
 
 PARKS AND SQUARES. 
 
 1876. ch. :!4t. P. [>. L.. (1888) Art. 4, sec. 712. 
 
 736. The Board of Park Commissioners, for the purpose 
 specified in section 06 of this Article, is empowered to form a 
 zoologicji] collection within the limits of any of the parks and 
 squares under its control. 
 
 The Act lOfMi. di. f.S, authorizes flie Mayor and City Coimcil of Balti- 
 more to retain as a ptihlic rcseivation or park, the trlanguhir lot of 
 ;;rouii(l at tiic iiitersectif>ri of IToi»kiiis Plaoe and Baltimore street.
 
 384 
 
 187G, eh. 344. l". J.. ].., (1888) Art. 4, sec. 713. 
 
 737. The said Commissioners are authorized to receive sub- 
 scriptions of money for the purpose of said collection not to 
 exceed in amount one hundred thousand dollars, and to issue 
 certificates of stock therefor, in sums of not less than one hun- 
 dred dollars, each l>earing interest at the rate of six per cent.,^ 
 payable half-yearly out of the income derived from said collec- 
 tion, which certificates shall be signed by a membei- ()f said 
 Commissioners appointed by them for the purpose, and tlie 
 secretary thereof, and have attaclied thereto a seal, which the 
 said Commissioners are authorized to adopt for the purpose. 
 
 1876, ch. 344. P. L. L.. (18S8) Art. 4, sec. 714. 
 
 738. In addition to the six per cent, interest aforesaid, each 
 holder of a certificate shall be entitled to receive for every one 
 hundred dollars subscribed by him or her, as many free entrance 
 tickets to the zoological collection as the said Commissioners 
 may deem proper. 
 
 1886, ch. 438. P. L. L.. (1888) Art. 4, sec. 720. 
 
 739. The Mayor and City Council of Baltimore are author- 
 ized to issue bonds or certificates of indebtedness of said corpo- 
 ration to an amount not exceeding one hundred thousand dollars, 
 to be applied to the purchase of ground for and the establish- 
 ment of a park in that portion of the City of Baltimore lying 
 west of Poppleton street and south of Franklin street in said 
 city; which said bonds or certificates of indebtedness shall be 
 payable at such times and bear such rate of interest not exceed- 
 ing three and one-half per centum per annum, as the said Mayor 
 and City Council shall provide by ordinance ; provided, that the 
 said bonds or certificates of indebtedness shall not be issued 
 unless the ordinance which the Mayor and City Council of Balti- 
 more are authorized to enact for that purpose shall be approved 
 by a majority of the votes of the legal voters of said city, cast at 
 the time and places to be designated by said ordinance, in the 
 provision for submitting the same to the legal voters of said 
 city, as required by section 7, Article XI, of the Constitution of 
 Maryland ; provided, however, that the said bonds or certificates 
 of indebtedness shall not be sold for less than par ; and the said 
 Mayor and City Council of Baltimore are authorized to 
 provide by ordinance for the laying of such an annual tax as 
 shall be sufficient to pay the interest on said bonds or certificates 
 of indebtedness, and provide a sinking fund for their redemp- 
 tion at maturitv.
 
 385 
 
 1904, c-h. 42. 
 
 739a, From and after the date of the passage of this Act no 
 building, except churches, shall be erected or altered in the City 
 of Baltimore on the territory bounded by the south side of 
 Madison street, the west side of St. Paul street, the north side 
 of Centre street, and the east side of Cathedral street, to exceed 
 in height a point seventy feet above the surface of the street at 
 the base line of the Washington ]\ronument. 
 
 Cochrau v. Preston, lOS Md. 220. 
 
 PARK IMPROVEMEl^T LOAJsT. 
 
 1904, ch. 338. 
 
 739b. The Mayor and City Council of Baltimore be and is 
 hereby authorized to issue its stock to an amount not exceeding 
 one million dollars, said stock to be issued from time to time as 
 the Mayor and City Council of Baltimore shall by ordinance 
 prescribe, and to be issued for such amounts and to be payable at' 
 such time and to bear such rate of interest as the Mayor and 
 City Council of Baltimore shall by ordinance provide ; and the 
 proceeds thereof to be used for the extension of the present park 
 system of the City of Baltimore, and for the development and 
 improvement for park purposes of the lands over which it shall 
 be so extended, in such manner as the Mayor and City Council 
 of Baltimore, shall by special ordinance or ordinances, or by the 
 annual Ordinance of Estimates, prescribe; but said stock shall 
 not be issued in whole or in part unless the ordinance of the 
 Mayor and City Council of Baltimore providing for the issu- 
 ance 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, as required by section 7 of Article 11 of 
 the Constitution of Maryland. 
 
 By the Act lOOf!. Hi. 72.S. fhe Mayor and City Council of Baltimore Ls 
 authorized to issue .$1,()00,0()0 of city stock for the purpose of extending 
 the Park system wlu-n an ordinance providing for the same shall be 
 submitted to and approved by the people. 
 
 The Act 1904, ch. 338, was approved by the people, November, 1904. 
 
 1904. ch. 3.38. 
 
 739c. The Mayor and City Council of Baltimore, acting by 
 and through the agency of the Board of Park Commissioners, 
 may acciuire h)y gift, purchase, lease, whatever the f]ur;itinn of 
 the lease, or other like methods of acquisition or by condemna- 
 tion, any land situate wholly or partly within the City of Balti- 
 
 (14)
 
 386 
 
 more, or within the counties of Baltimore, Anne Arimdel, and 
 Howard, or any interest, franchise, easement, right or privilege 
 therein, which may be required for the purpose of extending 
 said park system, as aforesaid, or any part or parts thereof, and 
 when and so often as resort shall be had to condemnation pro- 
 ceedings, the procedure shall be that marked out by sections 360 
 to 365, inclusive, of Article 23 of the Code of Public General 
 Laws of Maryland, relating to condemnation of property by 
 corporations, or so far as the acquisition by condemnation of any 
 such lands situate wholly or partly within the City of Balti- 
 more, or any interest, franchise, easement, right or privilege 
 therein is concerned, may, in such case or cases, at the option of 
 the Board of Park Commissioners, be such as may now or at any 
 time hereafter provided for by any lawful ordinance or ordi- 
 nances of the Mayor and City Council of Baltimore, adopted 
 pursuant to the powOTs conferred upon it by section 6 of this 
 Article, title "General Powers," sub-title, "Condemnation of 
 Property," for the condemnation of any land or property or 
 interest therein situated wholly or partly within the City of 
 Baltimore, or such as may be provided for the very purpose by 
 any lawful ordinance or ordinances of the Mayor and City 
 Council of Baltimore, which said ordinance or ordinances the 
 said Mayor and City Council of Baltimore is hereby fully 
 authorized to adopt ; 'provided, provision is made therein for 
 reasonable notice to the owner or owners, and for appeals to the 
 Baltimore City Court by any person interested, including the 
 Mayor and City Council of Baltimore, from the decision of any 
 Commissioners or other persons appointed to value any such 
 land or interest, franchise, easement, right or privilege therein. 
 
 1904, ch. 338. 
 
 739d. In developing and improving any land acquired as 
 
 aforesaid for park purposes, the Mayor and City Council of 
 
 Baltimore shall be free from the restrictions created by Chapter 
 
 453 of the Acts of the General Assembly of Maryland, approved 
 
 April 8, 1902. 
 
 The Act of 1902, cli. 453 re-enacted .section .S40 of the City Charter. 
 See post, page 503. 
 
 1904, ch. 3.38. 
 
 739e. The interest on the loan authorized by this Act, and 
 the sinking fund for the redemption of the said loan, shall be 
 taken out of the receipts from the park tax on the street railway 
 companies of Baltimore City, and not from the proceeds of the 
 general tax levy.
 
 387 
 
 1904, ch. 338. 
 
 739f. The Mayor and City Council of Baltimore are hereby 
 authorized and empowered to expend equally the proceeds of the 
 loan authorized by this Act in the acquisition of land in the four 
 sections of the city and suburbs indicated by the intersection of 
 Charles and Baltimore streets. 
 
 This loan was approved by the people at the election, November 7, 
 1905. 
 
 POLICE COMMISSIONEES. 
 
 Organization of Force. 
 
 P. L. L., (I860) Art. 4, sec. 806. 1860, ch. 7. 1867, ch. 367. 1874, ch. 
 2. 1900. ch, 15. P. L. L.. (1888) Art. 4, sec. 722. 
 
 740. There shall be appointed by the Governor, by and with 
 the advice and consent of the Senate, three sober and discreet 
 persons, who shall have been registered voters in the City of 
 Baltimore for three consecutive years next preceding the day of 
 their appointment, who shall be known as the Board of Police 
 Commissioners for the City of Baltimore ; two of said Commis- 
 sioners shall always be adherents of the two leading political 
 parties in the State, one of each of said parties. Any of said 
 Commissioners shall be subject to removal by the Governor for 
 official misconduct or incompetency, in the manner provided by 
 law in the case of other civil officers. Each of said Commission- 
 ers shall be appointed for two years, and their term of office 
 shall commence on the first ]\Ionday of May next ensuing their 
 appointment, and they shall hold office until their respective 
 successors are appointed and qualified; each of said Commis- 
 sioners shall receive a salary of twenty-five hundred dollars per 
 annum, payable quarterly. None of said Commissioners shall 
 be eligible to an ele<;tive or appointed office during the term for 
 which he was appointed, except under the militia laws of the 
 State, or where the qualifications for such office are prescribed 
 by the Constitution. As the term of office of any Commis- 
 sioners shall expire, as designated above, his successor shall be 
 appointed for two years, subject to the foregoing provisions and 
 limitations. Before entering upon tlie duties of his office, each 
 Conimissioner shall enter into bond to the State of Miirvland, 
 with one or more sureties, in the penalty of ten thousand dollars, 
 conditioned for the faithful discharge of his duties as such 
 Commissioner; said Ixmd to l)e approved by the .ludge of the 
 Superior Court of the City of Baltimore, mid to be kept and 
 recorded bv the clerk of said court, in the office tliereof, togctlirr
 
 388 
 
 with the certificate of appointment as aforesaid, and shall also 
 take and subscribe before the said Judge of the Superior Court. 
 or the clerk thereof, the oath or affirmation prescribed by the 
 sixth section of the first Article of the Constitution, and the 
 further oath or affirmation, that in every appointment, promo- 
 tion, reduction in rank or removal to be made by them, to, in or 
 from the police force created and organized under this sub- 
 division of this Article, they will in no case, and under no pre- 
 text, appoint, promote, reduce in rank or remove any policeman 
 or officer of police, or detective, or any other person under them, 
 for or on account of the political opinions or affiliations of such 
 policeman, officer, detective or other person or for any other 
 cause or reason than the fitness or unfitness of such person, in 
 the best judgment of said Commissioners, for the place to which 
 he shall be appointed, or from which he shall be removed, and 
 the said oath or affirmation shall be recorded and preserved 
 among the records of said court. 
 
 Mayor and C. C. of Balto. v. State, 15 Md. 376. Mayor, etc. v. Howard, 
 20 Md. 335. Altvater. V. Mayor, 31 Md. 462. Keyser v. Upshur, 92 Md. 
 728. 
 
 1867, ch. 367. 1900, ch. 15. P. L. L., (1888) Art. 4, sec. 723. 
 
 741. The Board of Police Commissioners, on entering upon 
 their duties as such, shall select one of their number who shall 
 be the president, and one of their number who shall be the 
 treasurer thereof; all votes on appointments into the police 
 force, and on promotions^ reductions in rank therein, and dis- 
 missals of officers therefrom, and all votes awarding contracts or 
 for the expenditures of any money shall be by a yea and nay 
 vote, which shall be plainly recorded in the minute book of the 
 Board of Police Commissioners, showing how each member of 
 the board has voted on each of said questions. This minute 
 book shall at all times be open under reasonable regulations to 
 the inspection of the public. In case of the death, resignation, 
 removal or disqualification of any Commissioner, the Governor 
 shall appoint a successor for the remainder of the term so 
 vacated, subject to the provisions of the foregoing section, and 
 of the Constitution of the State; provided, that the present 
 Board of Police Commissioners shall continue in office until the 
 first Monday in May, nineteen hundred, with the right of re- 
 moval, and to fill vacancies on the part of the Governor as pro- 
 vided by law. 
 
 Keyser v. Up-shur, 92 Md. 728. 7.39.
 
 389 
 
 1884, ch. 176. I'. L. L., (1888) Art. 4, sec. 724. 1906. cli. 129. 1908. ch. 
 432. 1910, ch. 471. 1912, ch. 377. 
 
 742. The said Board of Police Commissioners shall select 
 some suitable person to act as secretary to the Board, whose duty 
 it shall be to keep minutes of the proceedings of the Board, take 
 charge, by direction of the Board, of all property seized or found 
 by the police or detectives, and to perform all clerical and proper 
 duties required of him by said Board, and it shall be the further 
 duty of said secretary to prepare forms of all poll books and 
 election returns, warrants of arrests and commitments to be 
 used by judges of election for all elections held in Baltimore 
 City ; to superintend carefully the printing thereof, and to per- 
 form all other clerical duties devolved upon said Board by law 
 in connection with all the elections held in said city as may be 
 required of him by said Board ; said secretary shall enter into 
 bond to the State of Maryland in the same manner as is by law 
 prescribed for said Commissioners in the sum of five thousand 
 dollars, conditioned for the faithful discharge of his duties 
 aforesaid, and the safe keeping of all property placed in his 
 hands as aforesaid, and shall receive the salary of three thou- 
 sand dollars ($3,000.00) per annum, payable monthly. 
 
 P. L. L., (1888) Art. 4, sec. 724A. 1892. ch. 549. 1906. ch. 129. 1908, 
 
 ch. 432. 1910, ch. 471. 
 
 743. The Board of Police Commissioners are hereby author- 
 ized to employ an additional officer, to be known as assistant 
 secretary to the Board, whose salary shall be eighteen hundred 
 dollars per annum, payable monthly. 
 
 P. L. L., (1860) Art. 4, sec. 808. 1860, ch. 7. 1867, ch. 367. 1890, ch. 
 574. P. L. L., (1888) Art. 4, sec. 725. 
 
 744. The duties of the Board of Police Commissioners here- 
 by created shall be as follows: They shall at all times of the 
 day and night, within the boundaries of tlie City of Baltimore, 
 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 conven- 
 tions and on all pul)lic occasions and ])laces, prevent and remove 
 nuisances in all tlic streets and highways, waters and water- 
 courses, and all other places, provide a proper police force at 
 every fire for the protection of firemen and property, protect 
 strangers, emigrants and travelers at all steamboat, ferry-boat 
 and ship landings and railway stations, see that all laws relating
 
 300 
 
 to elections, and to the observance of Sunday, and regarding 
 pa\vnbrokers, gambling, intemperance, lotteries and lottery 
 policies, vagrants, disorderly persons and the public health are 
 enforced, and also to enforce all laws, ordinances of the Mayor 
 and City Council of Baltimore, not inconsistent with the pro- 
 visions of this sub-division of this Article, or of any law of the 
 State which may be properly enforceable by a police force ; and 
 in case the said Board of Police Commissioners shall have rea- 
 son to believe that any person within the limits of the City of 
 Baltimore intends leaving the city for the purpose of committing 
 any breach of the peace, or of violating any law of the State 
 beyond the limits of the city, upon the Chesapeake bay or on 
 any river, creek, inlet, water-course, or at any other place on 
 land or water within the State of Maryland, it shall be the duty 
 of the said Board of Police Commissioners to cause such person 
 to be followed, and to take the most effectual means for the 
 suppression and prevention of such outrage, when any such shall 
 be attempted, and to cause the arrest of all such offenders ; pro- 
 vided, however, that if any crime be actually committed by 
 such person, the offender shall be delivered to the proper juris- 
 diction for trial and punishment ; any person charged with the 
 commission of crime in the City of Baltimore and against whom 
 criminal process shall have issued, may be arrested upon the 
 same in any part of the State by the police force created under 
 this sub-division of this Article, under such rules and regula- 
 tions as the Board of Police Commissioners may adopt ; and the 
 said Board shall have power to summon witnesses before it and 
 to administer oaths or affirmations to such witnesses whenever, 
 in the judgment of the said Board, it may be necessary for the 
 effectual discharge of their duties under this sub-division of this 
 Article; and any person failing to appear in answer to said 
 summons, or refusing to testify, shall be subject to a penalty of 
 not less than twenty-five nor more than fifty dollars, to be 
 recovered by civil action in the name of the State, to the use of 
 the said Board, or by indictment in the Criminal Court of Balti- 
 more; false swearing on the part of any such witness shall be 
 deemed perjury, and shall be punished as such. 
 
 Altvater v. Mayor, 31 Md. 462. Mitchell v. Lemon, 34 Md. 176. Flynn 
 V. Canton Co., 40 Md. 312. Roddy v. Finnegan, 43 Md. 492. State v. 
 Strauss. 49 Md. 288. Brotherton v. Board of Police Commissioners, 49 
 Md. 495. Sinclair v. Baltimore, 59 Md. 597. Police Commissioners, 
 Baltimore City v. Wagner, 93 Md. 192. Upshur v. Mayor, etc., 94 Md. 
 743. Upshur v. Ward, 94 Md. 778. Wagner v. Upshur, 95 Md. 519. 
 State V. Hymen. 98 Md. 621 (approving Baltimore City v. Wagner, 93 
 Md. 192).
 
 391 
 
 Photographing and measuring under Bertillou System before convic- 
 tion. Limited use of photographs. 
 
 William F. Downs v. Sherlock Swann, et al., Ill Md. 63. 
 
 P. L. L., (1860) Art. 4, sec. 809. 1886. ch. 186. 1888, ch. 98, sec. 24. 
 
 1888, ch. 303. 1888, ch. 500. P. L. L., (1888) Art. 4, sec. 726. 
 
 1890, ch. 124. 1894, ch. 240. 1900, ch. 425. 1906, ch. 
 
 129. 1908, ch. 234. 1910, ch. 465. 1910, ch. 471. 
 
 1912, ch. 503. 1912, ch. 847. 1914, ch. 785. 
 
 745. The said Board of Police Commissioners are author- 
 ized and required immediately on entering upon the duties of 
 their office to appoint, enroll, and employ a permanent police 
 force for the City of Baltimore, which they shall arm and equip 
 as they may judge necessary, under such rules and regulations 
 as they may from time to time prescribe, and the said Board 
 shall have the power to remove any police officer or officer of 
 police, or any detective for the violation of any rule or regulation 
 which they may make and promulgate to the said police force, 
 officers of police or any detective; said police force shall consist 
 of one marshal and one deputy marshal of police ; and for each 
 police district, one captain, two lieutenants, two round sergeants, 
 two turnkeys (who shall have the rank of patrolmen), and one 
 clerk, and not more than three signal and telephone operators at 
 each station-house; two additional captains, one of whom shall 
 be assigned to have charge of the detective office, and one of 
 whom shall be assigned to have charge of the police patrol boats ; 
 five additional lieutenants, one of whom shall be assigned to 
 have charge of the Bureau of Identification ; one of whom shall 
 be assigned to the said police patrol boats ; one of whom shall be 
 assigned to have charge of the police department horses, wagons, 
 motor vehicles and stables ; one of whom shall be the superin- 
 tendent of the police signal and telephone service ; one of whom 
 shall be assigned to night duty at Police Headquarters ; and 
 detectives not exceeding twenty-five, who shall not be allowed to 
 follow any business or profession, but who shall devote their 
 entire time to the discharge of their dtities as detectives, no such 
 lieutenant of detectives sliall be eligible to take an examination 
 for the grade of captain until he shall have served ten years as a 
 detective, each and all such detectives to rank as lieutenants 
 with equal opportunities of promotion with otlior lieutenants; 
 such num})er of sergeants as the Board of Police Commissioners 
 in tlioir judgment may deem necessary; two additional round 
 .sergeants, one of whom .shall be assigned as assistant to the 
 superintendent of the Police Signal and Telephone Service, and 
 one of whom shall be an experienced machinist and shall be 
 known as superintendent of machinery, who shall have charge of
 
 the mechanical care and repair of the motor veliicles of the 
 Police Department, respectively, and seven hundred and ninety 
 patrolmen, to be graded as provided in section 7451/2 of this Act. 
 The said police force may be increased at any time if in the 
 opinion of the said Board the public peace shall so require, to 
 any number and for such periods of time as they may think 
 proper by the appointment of special policemen, who shall re- 
 ceive the sum of $2.50 per day for their services. The members 
 of the police force shall receive the following salaries, payable 
 every two weeks: The marshal of police shall receive thirty- 
 four hundred dollars per annum ; the deputy marshal of police, 
 twenty-eight hundred dollars per annum; the captain assigned 
 to have charge of the detectives' office shall receive fifty 
 dollars per week, and all other captains shall each receive forty 
 dollars per week ; the lieutenants assigned to have charge of the 
 Bureau of Identification shall receive thirty-five dollars per 
 week ; and all other lieutenants and detectives shall each receive 
 thirty dollars per week ; each round sergeant, twenty-five dollars 
 per week ; each sergeant twenty-two dollars per week ; except 
 such sergeants as may be now or hereafter assigned by the said 
 Board of Police Commissioners of Baltimore City to do clerical 
 duty at Police Headquarters of Baltimore City, and the 
 sergeant assigned to duty at the Juvenile Court of Baltimore 
 City, not exceeding seven, who shall each receive the sum of 
 thirty dollars per week ; each turnkey, twenty dollars per week ; 
 each patrolman, twenty dollars per week, except as provided in 
 section 745l^ of this Act; each station-house clerk shall receive 
 twenty-two dollars per week, and each sigTial and telephone 
 operator shall receive sixteen dollars per week ; provided, fur- 
 ther, however, that whenever it may be deemed necessary by the 
 said Board to assign patrolmen to police headquarters for 
 clerical or technical duty, such patrolman while so assigned 
 shall receive in the discretion of the said Board a salary of not 
 less than twenty nor more than twenty-two dollars per week ; 
 provided, however, that nothing herein contained shall be con- 
 strued to legislate out of office any police officer, detective or 
 officer of police now on the force or any clerk or any appointee 
 or any employee of the Board of Police Commissioners of Balti- 
 more City. 
 
 Keyser v. Upshur, 92 Md. 726. Upshur v.»Ward. 94 Md. 778. Upshur 
 V. Hamilton, 95 Md. 566. Cf., Baltimore v. Poultney. 25 Md. 32. 
 
 Special Aot raising salaries of certain sergeants held repealed by later 
 Act. 
 
 Baltimore v. Davis, 120 Md. 403.
 
 1912, ch. 847. 
 
 745y2. The patrolmen provided for in section 745 of this 
 Act shall hereafter be appointed by the Board of Police Com- 
 missioners in the maimer following: Said patrolmen shall con- 
 sist of three grades ; all patrolmen who shall have served for two 
 years or more on said force shall be members of the first grade 
 and receive the salary of twenty dollars per week ; all patrolmen 
 who shall have served on said force less than two years and more 
 than one year shall be members of the second grade and receive 
 the salary of seventeen dollars and fifty cents per week ; all 
 patrolmen who shall have served on the said force for less than 
 one year shall be members of the third grade and receive the 
 salary of fifteen dollars per week. Third grade patrolmen shall 
 be entitled to be advanced to the second grade at the expiration 
 of the first year, withont competitive examination, if they shall 
 have performed their duties satisfactory. The second grade 
 patrolmen shall be entitled to be advanced at the expiration of 
 two years to the first grade, without competitive examination, if 
 their services in the second grade have been satisfactory. Patrol- 
 men of the third and second grades to be known as probation 
 officers and they shall not be advanced as aforesaid except after 
 examination by said Board of Police Commissioners as to their 
 records, efficiency and conduct, and unless they are certified to 
 said Board by the police physicians as physically qualified to 
 continue to discharge the duties of a patrolman. 
 
 1900, ch. 10. 1902, ch. 591. 
 
 745A. There shall be appointed by the Governor, by and 
 with the advice of the Senate, three sober and discreet persons, 
 who shall be registered voters of the City of Baltimore, for three 
 consecutive years next preceding the day of their appointment, 
 who shall be known as the Board of Police Examiners of Balti- 
 more City. Two of said Examiners shall be adherents of the 
 two leading parties in the State, one of each of said parties. 
 Any of said Board of Police Examiners shall be subject to re- 
 moval by the Governor for official misconduct or incompetency, 
 in the manner provided by law in case of other civil oflicers. 
 Each of said J^oard of Police Examiners shall be appointed for 
 two years, and they shall hold office until their respective suc- 
 cessors are appointed and qualified. Each of said Board of 
 Police Examiners shall receive a salary of one thousand two 
 hundred dollars per annum, payable monthly. None of said 
 Board of Police Examiners shiill be eligible to an elective or 
 appointive office, except under the niilifia laws of the State: as
 
 394 
 
 the term of any Examiner shall expire as designated above, his 
 successor shall be appointed for two years, subject to the fore- 
 going provisions and limitations. Before entering upon the 
 duties of his office, each member of said Board of Police 
 Examiners shall take and subscribe before the Judge of the 
 Superior Court of the City of Baltimore, or the Clerk thereof, 
 the oath or affirmation prescribed by the sixth section of the 
 tirst Article of the Constitvition, and the further oath or affirma- 
 tion that in every nomination to the Board of Police Commis- 
 sioners for Baltimore City of any person for appointment as 
 police officer, officer of police or detective, for promotion, they 
 shall in no case and under no pretext make such nomination for 
 or on account of the religion or political opinions or affiliations 
 of the person nominated by them, or for any other cause or 
 reason than the fitness of such person in the best judgment of 
 said Board of Police Examiners for the place to which he shall 
 be nominated ; and said oath or affirmation shall be recorded and 
 preserved among the records of said Court. 
 
 Keyser v. Upshur, 92 Md. 728. Upshur v. Ward, 94 Md. 778. Upshur 
 V. Hamilton, 65 Md. 561. 
 
 1900, ch. 16. 
 
 745B. The said Board of Police Examiners may elect one 
 of its members to be president, and may employ a secretary, 
 who shall hold office during the pleasure of the Board. The 
 secretary shall receive a salary of $1,200 per annum, payable 
 monthly, and his duties shall be such as may be prescribed from 
 time to time by said Board of Police Examiners. 
 
 Keyser v. Upshur, 92 Md. 726. 
 
 1900, ch. 16. 
 
 745C. It shall be the duty of the Mayor and City Council of 
 Baltimore to cause suitable rooms and accommodations to be 
 assigned and provided, and to be funiished, heated and lighted, 
 in the City of Baltimore for carrying on the work and examina- 
 tion of the said Board of Police Examiners; and said Board 
 may order the necessary stationery, postage stamps, official seals 
 and other articles to be supplied, and the necessary printing to 
 be done for its official use. 
 
 Keyser v. Upshur, 92 Md. 726. 
 
 1900. ch. 16. 1910, ch. 517. 
 
 745 n. It shall be the duty of the said Board of Police 
 Examiners, and they are hereby authorized and empowered to
 
 395 
 
 prescribe, amend and enforce definite and uniform rules and 
 regulations for carrying this Act into effect, which rules and 
 regulations, when adopted and promulgated, shall have the effect 
 of law, and to ascertain the qualifications by competitive exami- 
 nation of every candidate for appointment to or promotion in 
 the police force, created and organized under existing law for 
 the City of Baltimore, except the marshal of police and captain 
 of detectives, counsel and police surgeons, and to report to the 
 Board of Police Commissioners for the City of Baltimore 
 graded lists of those persons whom they deem qualified for such 
 appointment or promotion, from which graded lists all nomina- 
 tions for appointment to or promotion in said police force shall 
 hereafter be made by said Board of Police Examiners for the 
 City of Baltimore. All such nominations for appointment to or 
 promotion in said police force, shall be made in the order in 
 which the names of the nominees appear upon such graded lists, 
 said graded lists and nominations for appointments and promo- 
 tions in the said police force so as aforesaid furnished and made 
 bv the Board of Police Examiners shall last and be in effect for 
 one year from the date the said graded lists and nominations 
 were furnished, and made as herein provided, and null and void 
 after the expiration of twelve months, unless said graded lists 
 and nominations are sooner exhausted by appointment, promo- 
 tion or rejection by the Board of Police Connnissioners ; pro- 
 vided that the persons whose names shall be remaining on said 
 gTaded lists or in nomination at the expiration of the year as 
 aforesaid, shall be eligible for re-examination, and shall have 
 opportunity to secure a place on the next subsequent graded list, 
 to be made up for the grade or position to which he was eligible 
 prior to the expiration of the graded list containing his name as 
 above stated ; and provided, however, that nothing herein con- 
 tained shall apply to the graded lists already before said Board 
 of Police Commissioners, but that the graded lists and nomina- 
 tions for the grades of captain and lieutenant heretofore fur- 
 nished and made shall expire on December thirty-first, nineteen 
 hundred and ten; and the graded lists and nominations for the 
 grade of round sergeant on June thirtieth, nineteen liundred 
 and ten; and the graded lists and nominations for the grade of 
 sergeant on September thirtieth, nineteen hundred and ten; and 
 tlie graded lists and nominations for the position of probationer 
 on March thirty-first, nineteen hundred and (>leven. In tlie 
 preparation of tlu; gi-aded list, the said Board of Police Examin- 
 ers shall ascertain by open competitive examinations the relative 
 qualifications of the respective candidates for appointment or
 
 promotion, and shall place the names of the accepted candidates 
 upon said graded lists in the order of their relative qualifica- 
 tions, so ascertained by such competitive examinations. The 
 examinations shall be public and practical in character and 
 relate to those matters which shall fairly test the relative 
 capacity and fitness of the persons to discharge the duties of the 
 position in the said police force to which they desire appoint- 
 ment or in which they seek promotion, including their past 
 record on the force. The graded lists shall always be open to 
 the inspection of the public. 
 
 Keyser v. Upshiu-, 92 Md. 729. Upshur v. Ward, 94 Md. 781. 
 
 1900, ch. 16. 
 
 745E. Intending competitors for appointment to said police 
 or for promotion therein shall file in the office of said Board of 
 Police Examiners, a reasonable length of time before the date of 
 any examination, a formal application, in which the applicant 
 shall state under oath : 
 
 1st. His full name and residence. 
 
 2d. His age, the place and date of his birth. 
 
 3d. His health and physical capacity for the position to 
 which he aspires. 
 
 4:th. If an applicant for appointment, his business or em- 
 ployment, and residence for at least the previous three years. 
 
 oth. Such other information as may reasonably be required 
 touching the applicant's merit and fitness for service on or pro- 
 motion in the said police force. 
 
 Blank forms for such applications shall be furnished by the 
 said Board of Police Examiners, without charge, to all persons 
 requesting the same. The applicant shall file with the said 
 Board of Police Examiners, in connection with his application, 
 such certificates of citizens, physicians, public officers or others 
 having knowledge of the applicant, as the good of the service 
 may require. The said Board of Police Examiners shall refuse 
 to examine an applicant, or after an examination to certify an 
 eligible who is found to lack any of the established preliminary 
 requirements for the examination or position to which he ap- 
 plies ; or who is physically so disabled as to be rendered unfit for 
 his performance of the duties of the position to which he seeks 
 appointment or promotion; or who is addicted to the habitual 
 use of intoxicating beverages to excess ; or who has been guilty 
 of a crime or of infamous or notoriously disgraceful conduct, or 
 who has been dismissed from the public service for delinquency 
 or mii^fonduct. or who has intentionallv made a false statement
 
 397 
 
 of any material fact, or practiced, or attempted to practice, any 
 deception or fraud in liis application, in his examination, or in 
 securing his eligibility or appointment. 
 
 Keyser v. Upshur, 92 Md. 726. Upshur v. Hamilton, 95 Md. 568. 
 
 1900, ch. 16. 
 
 745F. In the appointment, promotion, reduction in rank, 
 transfer or removal of any police officer or officers of police, or 
 any detective by the Board of Police Commissioners for the 
 City of Baltimore, and in their administration of the Police 
 Department of Baltimore City, ecclesiastical and party ties 
 shall not be regarded, so that the Police Department of said city 
 may be entirely out of the field of political and religious differ- 
 ences, controversies and influences. The said Board of Police 
 Commissioners for the City of Baltimore shall confirm or reject 
 all nominations for appointment or promotion of police officers, 
 officers of police and detectives made to it, hereinbefore provided 
 by the Board of Police Examiners of the City of Baltimore. 
 The said Board of Police Commissioners shall not confirm the 
 nomination or make the appointment or promotion of any police' 
 officer, officer of police or detective, except the marshal of police 
 and captain of detectives, counsel and surgeons, whose name 
 does not appear upon the graded lists to be furnished said Board 
 of Police Commissioners by the said Board of Police Examiners 
 for the City of Baltimore. All police officers, officers of police 
 and detectives, secretaries, clerks and employees, other than 
 counsel and police surgeons, of the Police Department of Balti- 
 more City shall be retained on the force during good behavior 
 and efficiency by the said Board of Police Commissioners of 
 the City of Baltimore, and may be removed by the said Board of 
 Police Commissioners for official misconduct or inefficiency, and 
 then only after vfritten charges preferred, specifying the time, 
 place and character of such misconduct and inefficiency, and 
 trial had before the Board of Police Commissioners, after rea- 
 sonable notice thereof. 
 
 Keyser v. TJpshur. 92 Md. 729. Upsliur v. Ward, 94 Md. 77S. Upshur 
 V. Hamilton, 95 Md. 507. 
 
 1908, ch. 741. 
 
 745G-. TIk," detectives ])rovided for in section 745 of this sub- 
 division of this Artichi shall b(^ appointed ])y the Board of Police 
 Commissioners solely from the uniform force below the grade 
 of round sergeant and above the position of probationer; detec- 
 tives shall have a grade in the permanent police force equal to
 
 a98 
 
 that of round sergeant, with the right of promotion from such 
 grade and subject to reduction therefrom to the next lower grade 
 in the same manner as round sergeants upon the uniform force ; 
 the said detectives shall not be allowed to follow any other busi- 
 ness, or profession, but shall devote their entire time to the dis- 
 charge of their duties as detectives ; they shall be selected with- 
 out competitive examination and solely on account of their 
 special litness and qualification, in the judgment of the Board of 
 Police Commissioners, to perform detective work; provided, 
 however, that the Board of Police Commissioners shall have the 
 power, in its discretion, to transfer from the detective service 
 and return to the grade in the uniform force from which he may 
 have been selected, any member of the force so as aforesaid ap- 
 pointed a detective^ who, in the judgment of the said Board, 
 after reasonable length of employment in the detective service, 
 may be found not qualified to satisfactorily discharge the duties 
 of a detective, and when so transferred and returned, such mem- 
 ber shall only be entitled to receive the pay of the grade in the 
 uniform force to which he may be transferred and returned. 
 
 1912, ch. 647. 
 
 745H. The Board of Police Commissioners are hereby em- 
 powered to appoint, in their discretion, one or more matrons to 
 the police force of Baltimore City, with full power to such 
 matrons to act as conservators of the peace, perform such duties 
 as the Board may prescribe and to be subject in all respects to 
 such rules and regulations as the Board of Police Commission- 
 ers may adopt, and the said Board shall have the power to 
 remove any matron appointed by them for the violation of any 
 rule or regiilation of the said Board. The salary of a matron so 
 appointed under the authority of this Act shall not exceed the 
 sum of one thousand dollars ($1,000) per annum, to be paid by 
 the Mayor and City Council of Baltimore, and it shall be in- 
 cluded in the annual estimate of expenses by said Board of 
 Police Commissioners, certified to the Mayor and City Council 
 of Baltimore. 
 
 1912, ch. 647. 
 
 7451. That not more than five matrons shall be appointed 
 under authority of this Act for police duty. 
 
 1912. ch. 647. 
 
 745J. That the matrons appointed under authority of this 
 Act shall not be required to pass examination for appointment 
 •by the Board of Police Examiners.
 
 399 
 
 1874. fh. 458. P. L. L., (1888) Art. 4, sec. 727. 1906, ch. 129. 1908. ch. 
 
 432. 1910, ch. 471. 
 
 746. They are authorized, empowered and directed to select 
 some suitable person to act as secretary to the ]\Iarshal of Police 
 of said city, at a salary of eighteen hundred dollars per annum, 
 payable monthly ; and the said secretary upon entering upon the 
 duties of his office shall enter into bond to the State of Maryland 
 in the penalty of two thousand dollars, conditioned for the faith- 
 ful discharge of his duties as such secretary, the said bond to be 
 approved by the said Board of Police Commissioners. 
 
 Sec. 2 of ch. 129, Acts 1900, reads as follows : 
 
 Section 2. Aiid be it further enacted, That all laws now in force rela- 
 ting to the Board of Police Commissioners of the City of Baltimore not 
 Included in this Act and not inconsistent herewith shall be and they are 
 continued in force aud effect until changed or repealed by the General 
 Assembly of Maryland. All Acts or parts of Acts inconsistent with this 
 Act are hereby repealed, and it is hereby expressly and distinctly under- 
 stood and declared that this Act in no manner, shape or form increases 
 or affects the pensions of the retired members of said police force who 
 were retired or will be retired, prior to January 1st, 1907, but that they 
 shall continue to receive the same amount or same pension they received 
 prior to the said 1st day of January 1907 and no more. 
 
 P. L. L., (1860) Art. 4, .sec. 818. 1867, ch. 307. P. L. L., (1888) Art. 
 
 4, sec. 728. 
 
 747. It shall be their duty to estimate annually what sum of 
 money will be necessary for each current fiscal year to enable 
 them to discharge the duty imposed on them, and they shall 
 forthwith certify the same to the Mayor and City Council of 
 Baltimore, who are required without delay, specifically to assess 
 and levy such amount as shall be sufficient to raise the same 
 clear of all expenses and discounts upon all the assessable prop- 
 erty in the City of Baltimore, and cause the same to be collected 
 as all other city taxes ; and it is made the duty of the City Col- 
 lector of Baltimore, and he is required to collect said tax, to be 
 denominated the police tax; and the said Board of Police Com- 
 missioners, upon and after qualifying as such arc authorized to 
 make requisitions from time to time upon the Comptroller of 
 the City of Baltimore, or other proper disbursing officer of the 
 corporation, for such sums of money as they may from time to 
 time deem necessary for the purpose of carrying out the objects 
 and intentions of this sub-division of this Article; provided, the 
 same shall not exceed in any one year the amount so as aforesaid 
 certified, or which may thereafter be certified for that year, to 
 the Mayor and City Council of ]>a]timore aforesaid ; and in case 
 the said disbursing officer shall not fortliwitb pjiv over tlio
 
 400 
 
 amount of each requisition as made, it shall be the duty of the 
 said Board, and they are authorized and required to issue certifi- 
 cates of indebtedness, in the name of the Mayor and City Coun- 
 cil of Baltimore, in such sum as they may deem advisable for 
 the amount of such requisitions, respectively, bearing interest at 
 six per cent, per annum, payable at not more than twelve months 
 after date, and signed by a majority of said Board, and to raise 
 the money on said certificates by pledging or disposing of the 
 same, which certificates shall be receivable at par in payment 
 of city taxes, and be as binding on said corporation and as recov- 
 erable against it as if the Mayor and City Council of Baltimore 
 had themselves issued the same ; and the Mayor and City Coun- 
 cil of Baltimore shall have no power or authority to levy or 
 collect any tax or appropriate any money for the payment of 
 any police force other than that organized and employed under 
 this sub-division of this Article ; and no ofiicer or other employee 
 of the said Mayor and City Council of Baltimore shall disburse 
 any money therefor; and the power of said Mayor and City 
 Council to levy and collect taxes and appropriate and disburse 
 money for the payment of the police force organized and em- 
 ployed under this sub-division of this Article 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 insufiicient for the necessary expenses for the cur- 
 rent year, the said Board is authorized and empowered to issue 
 certificates and raise money therefrom, as hereinbefore pro- 
 vided, to meet the said exigency; provided, however, that no 
 additional issue shall exceed the sum of fifty thousand dollars in 
 any one year, and that the amount thereof shall be added to the 
 estimate, assessment and levy for the year next ensuing, and 
 that the said certificates shall not be made payable at an earliei- 
 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. 
 
 Mayor, etc. v. Poultney & Trimble, 25 Md. 18. 
 
 Mandamus held to be unnecessary in this case to compel the city to 
 assess and levy the amount required by the Police Department, as the 
 Police Board has the authority to make requests from time to time upon 
 the City Comptroller for their needs. (Construed in connection with 
 Section 36 of the Charter). 
 
 McEvoy V. Baltimore; 125 Md. — . 
 
 The Board of Police Commissioners are not subject to the provisions 
 •of Section 14 of the Charter, and Section 36B of the Charter. 
 Thrift V. Ammidon, 125 Md. . 
 
 r
 
 401 
 
 r. L. L., (I860) Art. 4. sec. 816. 1867. ch. :W7. P. L. L., (1888) Art. 
 
 4, sec. 729. 
 
 748. It shall be the duty of the Sheriff of Baltimore City, 
 whenever called on for that purpose by said Board, to act under 
 their control for the preservation of the public peace and (]^uiet, 
 and if ordered by them to do so, he shall summon the posse 
 comitatus for that purpose, and hold and employ such posse, 
 subject to their discretion in case the said Board shall deem it 
 necessary; they shall call out such military force, lawfully or- 
 ganized or existing in said city, as they may see fit, to aid them 
 in preventing threatened disorder or opposition to the laws, or 
 in suppressing insurrection, riot or disorder, on election days, 
 and at all other times; and it shall be the duty of said military 
 force so called out, to obey such orders as may be given them by 
 said Board; whenever the exigency or circumstances may in 
 their judgment, warrant it, the said Board shall have the power 
 to assume the control and command of all conservators of the 
 peace in the City of Baltimore, whether sheriffs, constables, 
 police or others, and they shall act under the orders of the said 
 Board, and not otherwise ; and in case of the refusal of the said 
 sheriff', or any policeman, constable, or other peace officer or 
 persons, to obey any lawful command of said Board under the 
 provisions of this section, they shall, respectively, be guilty of a 
 misdemeanor and punishable as in such cases made and pro- 
 vided ; and any officer of any military force in the City of Balti- 
 more, organized under any law now existing, or which may here- 
 inafter 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 lawftil 
 means the performance of the duties to said force assigned ; and 
 any inferior officer or private who shall refuse or wilfully fail 
 to obey the orders of his superior officer in such behalf, shall be 
 guilty of a misdomeanor, and punishable as in siicli cases made 
 and provided. 
 
 1867. ch. .^>67. P. L. T... (1888) Art. 4, sec. 7.30. 
 
 749. WTienever a vacancy shall take place in any gi*ade of 
 officers ("oxcopt the marshal and deputy marshal), it sliall bo 
 tilled from the next lowest grade, if competent men can be found 
 therein; the Board of Police Commissioners are authorized to 
 make all such rules and regulations, not inconsistent witli this 
 -<iib-di vision of this Article, as they may judge necessary for the 
 appointment aiu] omployment. iiiiifofining, discipline, trial and
 
 402 
 
 government of the police and detectives, and for tlie relief and 
 compensation of the members of the police injured in person and 
 property in the discharge of their duty, and the families of men 
 or officers killed while in its performance ; provided, that the 
 allowance in any one instance shall not exceed twelve month's 
 pay ; said Board shall have power to require of any policeman, 
 officer of police or detective, bond with sureties, when they may 
 consider it demanded by the public interest ; all lawful rules and 
 regulations of the Board shall be obeyed by the policemen and 
 detectives, on pain of dismissal or such lighter punishment as 
 may be prescribed by the said Board; and the said Board shall 
 have power to suspend from duty, fine or forfeit the pay of any 
 officer or policeman, or suspend any rule or regulation made 
 and adopted by them. 
 
 P. L. L., (18G0) Art. 4, sec. S14. 1867, cli. 367. P. L. L., (1888; Art. 
 
 4, sec. 731. 
 
 750. ]SFo officer of police, policeman or detective shall be 
 allowed to receive any money as a gratuity or extra compensation 
 for any services he may render, without the consent of the said 
 Board ; and all such moneys as any officer of police, policeman 
 and detective may be so permitted to receive shall be paid over 
 to the said Board and together with the proceeds of all fines, 
 forfeitures, penalties and unclaimed property which may come 
 into the possession of the said Board, or be recovered by them 
 under the provisions of this sub-division of this Article, or any 
 other law, shall form a fund which the Board may apply towards 
 the allowances of officers of police, policemen and detectives and 
 their families, as hereinbefore authorized, and for extra pay to 
 such members of the force as by gallantry and good conduct on 
 extraordinary occasions they may be judged to merit; and any 
 officer of police, policeman or detective who shall directly or 
 indirectly in violation of this section, receive any moneys as a 
 gratuity or extra compensation, and shall fail to deliver the same 
 to the Board for the purposes, hereinbefore provided, and shall 
 apply the same to his own use, shall be forthwith dismissed, and 
 be forever after ineligible to any position in the force, 
 
 P. L. L., (1860) Art. 4, sec. 821. 1874, ch. 146. P. L. L., (1888) Art. 4, 
 
 sec. 732. 
 
 751|. The Board of Police Commissioners shall cause to be 
 kept by their secretary, a full report of their proceedings, and 
 also cause all their receipts and disbursements of money to be 
 faithfully entered in books to be provided for that purpose; and
 
 403 
 
 said books, journals and all other documents in the possession of 
 said Board, shall always be open to inspection by the General 
 Assembly, or any committee appointed by it for that purpose; 
 and it shall be the duty of the said Board to report to the Gen- 
 eral Assembly at each regular session, or as may hereafter be 
 directed by said General Assembly, the number and expense 
 of the police force employed by them under this sub-division of 
 this Article, and all such other matters as may be of public 
 interest in connection with the duties assigned to them; and 
 said books, journals and other documents, and the vouchers for 
 all payments by said Board of Police Commissioners shall at all 
 times be open to the inspection of the Mayor and City Eegister, 
 or either of them ; and it shall be the duty of the Comptroller 
 of the City of Baltimore to examine all bills and accounts pre- 
 sented by said Board of Police Commissioners and the vouchers 
 therefor. 
 
 1910, ch. 230. 
 
 751a. That the Board of Police Commissioners for Balti- 
 more City be and they are hereby authorized and required to 
 report to the Governor annually, in the month of January, the 
 number and expense of the police force employed by them 
 under this sub-division of this Article, and all such other mat- 
 ters as may be of public interest in connection with the duties 
 assigned to them, instead of to the General Assembly as pro- 
 vided by section 751 of Article 4 of the Public Local Laws of 
 Maryland, entitled ''City of Baltimore," sub-title 'Tolice Com- 
 missioners." 
 
 1S67, ch. 367. V. I.. L., (1888) Art. 4, sec. 733. 
 
 752. The treasurer of the Board of Police Commissioners, 
 before entering upon the duties of his office as such treasurer, 
 shall, in addition to the bond given as Commissioner, enter 
 into bond to the State of Maryland, with one or more sureties, 
 in the penalty of ten thousand dollars, conditioned for the faith- 
 ful discharge of the duties imposed upon him as treasurer, and 
 the faithful application and pa\Tnent ovei-, pursuant to the 
 order and direction of the said Board, of all moneys which may 
 come into his hands as such treasurer; and shall, every six 
 months, on the first day of January and July, in each and every 
 year during his continuance in office, render to his associates 
 in said Board, a true and faithful account of the receipts and 
 disbnrsements of all moneys received and disbursed by him 
 hv order of tho said r-*>o;ird. witb tlie vouchers thereof dnrinrr
 
 404 
 
 said period, which accounts shall be verilied by the affidavit 
 of said treasurer ; and the said Board shall thereupon examine 
 said account, and if they find the same to be correct, they shall 
 certify said account, and forward the same to the Governor of 
 the State, to be tiled in the office of the Secretary of State; the 
 said Board shall retain a copy thereof, with their certificate at- 
 tached, to be filed among the papers of their office. 
 
 1867, ch. 307. 1'. L. L., (1888) Art. 4, sec. 734. 
 
 753. The said Board of Police Commissioners are authorized 
 and empowered, whenever in their judgment the public peace 
 and tranquility 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 si] all 
 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 Qrand 
 Jury of the City of Baltimore, if in session, and if not in ses- 
 sion, then to the next Grand Jury that may be summoned for 
 said city; and every officer of police, policeman and detective 
 who shall wilfully fail to make such report shall be forthwith 
 dismissed from his position, and shall be forever after ineligible 
 to any position in the police 
 
 state V. Strauss. 49 Md. 288. 
 
 1867, ch. 367. P. L. L., (1888) Art. 4, see. 735. 
 
 754. They are authorized and empowered to take posses- 
 sion of air property heretofore by law assigned to the former 
 Board of Police, and to have and use a common seal ; they mav 
 divide the city into such number of police districts as they 
 may think necessary for the public good ; and if found practi- 
 cable, in addition to the station houses and property attached 
 thereto, which they are authorized and empowered to take pos- 
 session of and use, they may provide additional station houses, 
 Avith all necessary appurtenances, as may be found needful and 
 necessary, and such accommodations as may be requisite for the
 
 405 
 
 police force ; said board shall also have the use of the fire-alarm 
 and police telegTaph in the City of Baltimore, and of all sta- 
 tion houses, watch-boxes, arms, accoutrements and other accom- 
 modations and property provided by the City of Baltimore for 
 the use and service of the police heretofore created by any act 
 of the corporation of said city, as fully and to the same extent 
 as if the same had been provided for the use of the Board 
 created by this sub-division of this Article. 
 
 1867, ch. 367. P. L. L., (1888) Art. 4, sec. 736. 
 
 755. It shall be the duty of every officer of police, and every 
 policeman and detective, to report to the Board, and deliver to 
 them all property seized or found by said officer of police, police- 
 man 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, police- 
 man or detective depositing the same, shall be entered in a book 
 by the secretary, to be provided for that purpose ; said secretary 
 shall have the custody of all such property, and shall be held 
 responsible for the safe delivery of the same to the claimants, 
 when ordered to do so in writing by the said Board, wliich 
 order shall be his voucher ; and any officer, policeman or detec- 
 tive who shall fail or refuse for a period of twenty-four hours to 
 deposit all such property as aforesaid, shall be subject to re- 
 moval by the said Board ; and every officer, policeman ol* detec- 
 tive 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. 
 
 Upshur V. Mayor, 94 Md. 743. 
 
 1886, ch. 459. 1888, ch. 306. P. L. L., (1888) Art. 4, sec. 756. 1898, ch. 
 494. 1900, ch. 233. 1902, ch. 81. 1910, ch. 391. 1912, ch. 189. 
 
 756. In addition to the sums of money now authorized by 
 law to be paid out of the fund in the hands of the Board of 
 Police Commissioners of Baltimore City and known and ac- 
 counted for as a special fund, the said Board of Police Com- 
 missioners are empowered whenever, in their opinion, the 
 efficiency of the service may require it, to retire any oHiccr of 
 police, policeman, detective, clerk or turnkey appointed by them 
 and pay him in monthly instalments out of said special fund for 
 life a sum of money equal to one-half of the amount of money 
 monthly paid to such officer of police, policeman, detective, 
 clerk or turnkey as provided by law; provided, however, he sliall 
 have served faitlifullv not less than twentv vears as such officer
 
 40 f) 
 
 of police, policeman, detective, clerk or turnkey, or shall have 
 been permanently disabled in the discharge of his duty as such 
 officer of police, policeman, detective, clerk or turnkey; and 
 the said Board of Police Commissioners shall in all cases before 
 making such retirement procure and file away among their rec- 
 ords a certificate signed by a majority of the police physicians 
 of Baltimore City that the person proposed to be retired has 
 been thoroughly examined by them, and that he is incapable of 
 performing active duty ; and it shall be the duty of such ofiicer 
 of police, policeman, detective, clerk or turnkey so retired to 
 perform such police duties and at such times as the said Board 
 of Police Commissioners shall deem proper, said terms of ser- 
 vice not to exceed seven days during any year, and for such ser- 
 vices no extra compensation shall be allowed by said Board ; 
 and the said Board shall have the power in their discretion 
 to suspend payment to any such ofiicer of police, policeman, de- 
 tective, clerk or turnkey for a term not to exceed three months 
 for the first oftense ; for the second offense, for a term not to 
 exceed six months, and for the third offense, any ofiicer of 
 police, policeman, detective, clerk or turnkey shall be subject to 
 dismissal upon proof given that the said officer of police, police- 
 man, detective, clerk or turnkey is or has been, in the judg- 
 ment of the said Board, living an improper or immoral life. 
 Provided, however, that the provisions of this section with ref- 
 erence "to the retirement of officers of police, policemen, detec- 
 tives, clerks and turnkevs after service of not less than twentv 
 vears shall not apply to officers of police, policemen, detectives, 
 clerks and turnkeys now on the force or in the employ of the 
 Police Department, but only to such as may hereafter be ap- 
 pointed, and that all officers of police, policemen, detectives, 
 clerks and turnkeys now on the force or in the employ of the 
 Police Department may be retired after faithful service for six- 
 teen years in the same manner as before the passage of this Act. 
 Construing this section in connection with section 756, P. L. L., (1888) 
 Art. 4, it woulfl appear that this section should follow section 776, post, 
 such being the arrangement in Art. 4, aforesaid. 
 
 1912, ch. 189. 
 756A. The Board of Police Commissioners of the City of 
 Baltimore are empowered whenever in their judgment the 
 efficiency of the service may require it, to retire any officer of 
 police, policeman, detective, clerk or turnkey appointed by 
 them who may be ineligible in the way of length of service to 
 retirement on pay for life under the requirements of section 756 
 ■of this sub-division of this Article, but who has served faith-
 
 407 
 
 fully and become permanently incapacitated for active duty 
 and to pay such officer of police, policeman, detective, clerk or 
 turnkey retired as in this section provided, out of the fund in its 
 hands known and accounted for as the Special Fund, a sum of 
 money not to exceed one year's salary allowed to him by law 
 at the time of his said retirement, provided the said Board shall 
 in all cases before making such retirement procure and file 
 amone- their records a certificate of a majority of the police 
 physicians of Baltimore City that the person proposed to he 
 retired has been thoroughly examined by them, and that he is 
 incapable of performing active duty. 
 
 1867, ch. 367. P. L. L., (1888) Art. 4, sec. 738. 
 
 757. Xo Marshal of Police, or any of the captains of any 
 of the districts or station-houses, or any one acting for or under 
 them, or any of them, shall release any persons committed or 
 confined in any of the station-houses for any felony or mis- 
 demeanor, but all such persons shall be released only on the 
 order of the committing Justice, the Judge of the Criminal 
 Court, or one of the members of the Board, or other lawful pro- 
 
 cess. 
 
 Bi-isli V. Carter, 98 Md. 452. 
 
 1867, ch. .367. P. L. L., (1888) Art. 4, sec. 739. 
 
 758. The said Board of Police Commissioners are required 
 on the requisition of the Board of Park Commissioners, to de- 
 tail from time to time such number of the regular police force of 
 said city as the said Board may deem necessary for the preser- 
 vation of order within any parks under their control, which de- 
 tailed force shall have the same power in the premises that the 
 police force of the city have, as conservators of the peace. 
 
 Upshur V. Mayor, 94 Md. 747. 
 
 P. L. L., (1860) Art. 4, sec. 822. 1867. ch. 367. P. L. L., (1888) Art. 
 
 4, sec. 740. 
 
 759. Nothing in this sub-division of this Article shall be 
 so construed as to destroy or diminish the liability or responsi- 
 bility of the Mayor and City Council of Baltimore for any 
 failure to discharge the duties and obligations of said Mayor 
 and City Council of Baltimore, or any of them, or give the said 
 Mayor and Council of Baltimore any control over said Board or 
 any officer of police, policeman or detective appointed thereby. 
 
 P.altimoro v. Poultney. 2r> Md. 31. Altvator v. Mayor, 31 Md. 4(52. 
 I'lyiiii V. Canton Co., 40 Md. 312. Sinchiir v. Mayor, .59 Md. 592. Up.shm- 
 V. Mayor, &(-.. 94 Md. 74:',.
 
 408 
 
 1898, ch. 474. 
 
 759a. No member of the police force provided for by this 
 Article and sub-title shall be by the said Board of Police Com- 
 missioners employed or be permitted to be employed, to do or 
 perform for the said Board, or the Mayor and City Council of 
 Baltimore, any mechanical work or labor other than the work 
 or labor required of the members of said police force by the pro- 
 visions of this Article and sub-title relating to police duties. 
 The purpose and object of this section is to prevent patrolmen 
 and other members of said police ^force from being taken from 
 the performance of police duty, as prescribed by this Article 
 and sub-title and made to perform the work and labor of car- 
 penters, bricklayers and similar mechanical work and labor. 
 
 1867, ch. 367. 1892, ch. 536. P. L. L., (1888) Art. 4, sec. 741. 
 
 760. All persons arrested in the day-time under the provi- 
 sions of this sub-division of this Article shall be taken by the 
 officer making the arrest immediately before the nearest Police 
 Justice for examination, except that all females and male chil- 
 dren under fourteen years of age who may be arrested or taken 
 into custody shall be taken before the nearest Police Justice 
 for examination when there shall be matrons at the station-house 
 as hereinafter provided. 
 
 Brish V. Carter, 98 Md. 451. 
 
 761. Repealed by Act of 1912, Chapter 777. 
 
 r. L. L., (1888) Art. 4, sec. 742 A. 1890, ch. 534. 1910, ch. 669. 1912. 
 
 ch. 777. 
 
 762. Any person in the City of Baltimore who shall wear or 
 <;arry any pistol, dirk knife, bowie knife, slingshot, billy, sand- 
 bag, metal knuckles, razor or other dangerous or deadly weap- 
 ons of any kind whatsoever, concealed upon or about his per- 
 son, or any person, who shall carry or wear such weapon openly, 
 with the intention or purpose of injuring any person, shall, upon 
 conviction thereof, be punished by a fine of not more than $100, 
 or imprisonment of not more than six months in jail or in the 
 House of Correction, or by both such fine and imprisonment, 
 in the discretion of the Justice of the Peace, before whom the 
 said person may be tried, or in the discretion of the Judge of 
 the Criminal Court of Baltimore as the case may be. This sec- 
 tion shall not apply to any conservator of the peace entitled or 
 required to carry any such weapon as part of his official equip- 
 ment or be construed to prohibit the carrying or wearing of
 
 401) 
 
 penknives, nor to punish any person carrving any weapon as a 
 reasonable precaution against danger; but the Justice or the 
 Court before whom such case may be tried, shall in each case 
 have the right to judge of the reasonableness of the carrying 
 of such weapon and of the proper occasion therefor ; nor shall 
 this section release or discharge any person or persons already 
 offending, against the laws in such case made and provided ; but 
 such person or persons may be proceeded against, prosecuted and 
 punished under the laws of this State as if this section had not 
 been passed. 
 
 1882. ch. 34. 1888, ch. 303. 1892. ch. 309. 1900, ch. 421. 1904, ch. 186. 
 P. L. L., (1888) Art. 4, sec. 743. 
 
 763.. The said Board of Police Commissioners are auth- 
 orized, empowered and directed to grant leave of absence, with 
 pay, for a period of thirty days for each consecutive year of 
 service to each of the officers of police, policemen and detec- 
 tives of the regular force employed by the said Board ; nor 
 shall any enforced absence, with leave, on account of sickness 
 or death be deducted from the pay of any such officer of police, 
 policemen or detective, or from their thirty days leave as here- 
 in provided for. 
 
 1892, ch. 309. P. L. L., (1888) Art. 4, sec. 743A. 
 
 764. The Board of Police Commissioners are hereby auth- 
 orized and empowered to appoint and employ, in addition to 
 the number now authorized by law, fifteen additional proba- 
 tion officers, said officers so appointed to hold their places and 
 receive their pay under the provisions of law now in force and 
 applicable to probation officers. 
 
 MATRONS AT THE STATION HOUSES. 
 
 1884. ch. 225. 1892, eh. 536. 1900, ch. 533. P. L. L., (1888) Art. 4, 
 
 sec. 744. 
 
 765. The Board of Police Commissioners of Baltimore shall 
 appoint two suitable women as matrons at each of the station- 
 houses in said city, one for day and the other for night service 
 and one suitable woman as superintendent of matrons for Balti- 
 more City, and two additional suitable women as substitute 
 matrons, and shall provide a furnished room at each of said 
 station-houses for them. 
 
 1884. ch. 225. 1892, ch. 536. 1900, ch. 5.33. P. L. L., (1888) Art. 4, 
 
 sec. 745. 
 
 766. No woman shall be appointed as a matron or superin-
 
 410 
 
 tendent of matrons or substitute matron as aforesaid by the 
 Board unless she shall be recommended to said Board, within 
 three months preceding her appointment, by at least twenty 
 women in good standing in said city in writing, as a suitable 
 person for the position, and the said matrons and superinten- 
 dent of matrons and substitute matrons shall be appointed to 
 sen-e for four years, subject to removal for cause after a hear- 
 ing by the said Board, which is hereby vested with jurisdiction 
 in the premises ; provided, however, that said substitute matrons 
 shall perform the duties of matrons when called upon by said 
 Board in the absence or disability of any of said matrons, or as 
 necessity for their services may arise and shall only receive pay 
 during the time of actual service rendered by them. 
 
 1884. ch. 225. 1S92, ch. 536. 1900, ch. 533. P. L. L., (1888) Art. 4, 
 
 sec. 746. 
 
 767. The duties of each matron shall be to give such care 
 and advice, and to perform such other police duties as may be 
 requisite and proper, to the female persons, male children under 
 fourteen years of age, and refugees in the station-house for 
 which said matrons shall have been appointed or assigned ; and 
 the duties of the superintendent of matrons shall be to visit each 
 of the police station-houses twice each week, and to give assist- 
 ance to the matrons in the performance of their duties, and to 
 make such recommendations from time to time to the Board of 
 Police Commissioners as may promote the efficiency and proper 
 performance of the duties of the matron. 
 
 1884. ch. 225. P. L. L., (1888) Art. 4, sec. 747. 1892, ch. 536. 1900, ch. 
 .5.33. 1902. ch. 492. 1908, ch. 173. 1914, ch. 757. 
 
 768. Each of said matrons, and substitute matrons when em- 
 ployed shall receive a salary of twenty dollars per week, and 
 the Superintendent of Matrons a salary of twenty-five dollars 
 per week, to be paid by the Mayor and City Council of Balti- 
 more, and it shall be included in the annual estimate of ex- 
 penses by said Board of Police Commissioners, certified to the 
 Mayor and City Council of Baltimore. 
 
 1912, ch. 59. 
 
 768A. The Board of Police Commissioners for the City of 
 Baltimore are hereby authorized to employ such number of 
 women as charwomen for the several station-houses in the City 
 of Baltimore as may in the judgment of said Board of Police 
 Commissioners be necessary to care for the said station-houses ; 
 and the said charwomen and substitute charwomen so employed
 
 411 
 
 shall, beginning with the first of January, 1913, each receive a 
 salary of ten dollars a week, payable at such regular periods as 
 the Board of Police Commissioners may prescribe, not less than 
 twice a month, said salary to be paid by the Mayor and City 
 Council of Baltimore and to be included in the annual estimate 
 of expenses by said Board of Police Commissioners, certified to 
 the Mayor and City Council of Baltimore. 
 
 MILITIA. 
 
 1870, ch. 182. P. L. L., (1888) Art. 4, sec. 748. 
 
 769. Whenever the Board of Police Commissioners for the 
 City of Baltimore, or the Sherift' of any county, shall call out 
 any portion of the militia to aid in preventing threatened disor- 
 der or opposition to the laws, or in suppressing riot or disorder 
 on election days, or at any other times, said military force shall 
 be deemed to be on detached service while under the orders of 
 the said Board or Sheriff; and the commanding oificer thereof 
 shall not be subject to the orders of any superior oificer what- 
 soever, except the commander-in-chief. 
 
 PATROL WAGONS. 
 
 1886, ch. 459. P. L. L., (1888) Art. 4, sec. 749. 
 
 770. The said Board of Police Commissioners are auth- 
 orized and directed to construct, equip and maintain a tele- 
 phone alarm and patrol wagon service, with all necessaries, ap- 
 pliances and laborers; provided, however, the expenditures 
 therefor will not impair the special fund mentioned in sections 
 57G and 777 of this Article, so as to prevent its suificient ap- 
 plication to the purposes provided for in said sections. 
 
 PHYSICIANS TO THE POLICE FORCE. 
 
 1888, ch. 150. 1904, ch. 030. P. L. L., (1888) Art. 4, sec. 750. 
 
 771. The said Board of Police Commissioners for the City 
 of Baltimore are authorized to appoint and commission biennial- 
 ly five physicians of integrity and capacity, residents of Balti- 
 more City, and who shall have practiced medicine therein for at 
 least three years, next preceding the date of their commission, 
 to act as physicians of the Police Department of said city, under 
 such rules and regulations as the said Board may from time to 
 time prescribe for their conduct ; one of the said physicians shall 
 be designated by the said Board as the chief physician.
 
 412 
 
 1888, ch. 150. P. I.. li.. (1888) Art. 4, sec. 751. 
 
 772. The duties of the said physicians shall be to examine 
 thoroughly all applicants for position in the police force of Bal- 
 timore City and to test their entire fitness in every respect for 
 such position ; to visit all policemen, turnkeys, detectives, officers 
 of police and clerks of said force, who may be returned as sick, 
 and to report their condition to the said Board, to visit and 
 professionally attend any and all of the said persons who may 
 be injured or disabled in the performance of their duties as 
 members of the said force; to thoroughly examine and report 
 to the said Board the physical condition of each and every mem- 
 ber of said force, who may, upon his own application, or who 
 the said Board may think shoidd be retired from the said force 
 and be pensioned under this sub-division of this Article and to 
 perform all such other and further professional duties in con- 
 nection with the said department and force as the said Board 
 may from time to time deem necessary and prescribe for them. 
 
 1888, ch. 150. 1904, ch. 630. P. L. L., (1888) Art. 4, sec. 752. 
 
 773. The salary of the said chief physician shall be fifteen 
 hundred dollars per annum, payable monthly ; and the salary 
 of each of the other said physicians shall be one thousand dol- 
 lars per annum, payable monthly; but the tenure of office of 
 the said chief physician and each of the other of said physicians 
 shall be determinable within the term for which he or they were 
 appointed by a majority of the said Board, and in their ex- 
 clusive discretion; and the said chief physician and each of 
 the other of said physicians shall be compensated only up to the 
 time of such determination at the rate of his or their salary 
 aforesaid. 
 
 1912, ch. 733. 
 
 773A. That the Board of Police Commissioners for the Cit^- 
 of Baltimore shall appoint and commission biennially two men 
 and two women physicians of integrity and capacity, residents 
 of Baltimore City, and who shall have practiced medicine there- 
 in for at least three years next preceding the date of their com- 
 missions, whose duties shall be to attend at the various station- 
 houses in the City of Baltimore, at the Juvenile Courts in 
 Baltimore City and at the office of the State's Attorney of Balti- 
 more City, from time to time, when required by the magis- 
 trates sitting at the said several station-houses, or by the magis- 
 trate sitting as the magistrate for juvenile causes in said city, or 
 by the State's Attorney of Baltimore Citv, and examine all
 
 women and female children brought to the said several station- 
 houses, or to the Juvenile Court in Baltimore City, or before 
 rhe State's Attorney of Baltimore City, when, in the opinion 
 of the police magistrates sitting at the said several station- 
 houses or the magistrate sitting as the magistrate for juvenile 
 causes in said city or the State's Attorney of Baltimore City, an 
 examination requiring the exposure of the person of such woman 
 or female child or children may be required. 
 
 1912, ch. 733. 
 
 773B. That the said magistrates sitting at the said several 
 police stations, the said magistrate sitting as the magistrate for 
 juvenile causes in said city and the State's Attorney of Balti- 
 more City, shall, whenever any examination requiring the ex- 
 posure of the person of any woman or female child or children 
 brought before them is necessary for the proper hearing or dis- 
 position of the case, notify the Board of Police Cormnissioners 
 for the City of Baltimore, who shall designate alternately one 
 of the men and one of the women physicians of the physicians 
 provided for under section 778A hereiu, to attend and make 
 the said examination. 
 
 1912. (h. 7.33. 
 
 773C. That each physician making said examination re- 
 quired under the previous sections receive therefor a fee of five 
 dollars for each such case, to be paid by the Mayor and City 
 Council of Baltimore ; provided, however, that no such fee shall 
 be paid unless the bill rendered therefor shall be certified to 
 by the police magistrate ordering such examination, or by the 
 magistrate sitting as the magistrate for juvenile causes in said 
 city or by the State's Attorney for Baltimore City, in case the 
 said examination was made on his order. Said sum of five dol- 
 lars hereinbefore mentioned shall include any testimony given 
 before such magistrate, but if said physician shall be required to 
 appear and testify before the Criminal Court of Baltimore City 
 in reference to such examination he or she shall be allowed an 
 additional sum of ten dollars for so appearing and testifying; 
 provided, however, that the total allowance in any case ex- 
 amined by such physician for all services rendered by him or 
 her shall not exceed fifteen dollars. 
 
 RACES. 
 
 1872, oh. ru). V. L. L., (1888) Art. 4, sec. 753. 
 774. Fr)r tlif piii'po.sc of pn^scj-ving oi-dcr nnd protecting
 
 414 
 
 property, the Police Commissioners of the City of Baltimore 
 are authorized, upon the request of the President of the Mary- 
 land Jockey Club, to detail such force as they may deem suffi- 
 cient for the preservation of order during any exhibition of the 
 said club, which detailed force shall have the power that the 
 police of the city have as conservators of the peace. 
 
 EEGISTRATION OF VOTERS. 
 
 1876, ch. 249. P. L. L., (1888) Art. 4, sec. 754. 
 
 775. The Board of Police Commissioners for Baltimore 
 City, upon the written request of the Registers of voters, shall 
 detail police officers sufficient to preserve order at the place 
 where the officers of registration in Baltimore City are dis- 
 charging the duties of their office. 
 
 SPECIAL FUND. 
 
 1886, ch. 459. P. L. L., (1888) Art. 4, sec. 755. 
 
 776. All sums of money which are now in or which may 
 hereafter come into the hands of the Board of Police Commis- 
 sioners for the City of Baltimore, under and by virtue of the 
 provisions of existing laws, except such sums as may come into 
 their hands under and by virtue of the provisions of section 747, 
 shall constitute a fund to be known and accounted for as the 
 special fund. 
 
 1900, cb. 266. 
 
 776A. The Board of Police Commissioners of the City of 
 Baltimore, and their successors, shall be the trustees of the spe- 
 cial fund hereinafter mentioned. The Treasurer of said Board 
 shall be Treasurer of the fund. He shall before entering upon 
 his duties as Treasurer thereof execute and deliver to said Board 
 a bond in the penal sum of five thousand dollars, to be approved 
 by Comptroller of the City of Baltimore, and conditioned for 
 the faithful discharge of his duties, and that he shall pay over 
 and account for all moneys and property which shall come to 
 his hands as such Treasurer, the expense of such bond, if fur- 
 nished by a corporation, to be paid out of the special fund. Such 
 trustees shall have charge of and administer such funds, and 
 from time to time invest the same, or any part thereof, as they 
 shall deem most beneficial to said fund, and they are empowered 
 to make all necessary contracts, and take all necessary and 
 proper actions and proceedings in the premises, and to make 
 payments from such fund of salaries granted in pursuance of
 
 415 
 
 this Act, and also salaries now charged on said fund or any 
 part thereof by or under existing laws. The said trustees may, 
 and they are authorized and empowered from time to time to 
 establish such rules and regulations for the disposition, invest- 
 ment, preservation and administration of the special fund as 
 they may deem best. They shall report in detail to the Mayor 
 and City Council annually in the month of October the condi- 
 tion of the special fund, and the items of receipts and disburse- . 
 ments on account of the same. 
 
 1900, ch. 266. 
 
 776B. The moneys, securities and eif ects of the special fund 
 and all salaries granted and payable from said fund shall be and 
 are exempt from execution and from all process and proceedings 
 to enjoin and recover the same by or on behalf of any creditor 
 or person having or asserting any claims against, or debt or 
 liability, of any sharer of said fund; every person who know- 
 ingly or wilfully in anywise procures the making or presenta- 
 tion of any false or fraudulent affidavit or affirmation concern- 
 ing any claim for a share or payment thereof, shall in every 
 case forfeit a sum not exceeding two hundred dollars, to be sued 
 for and recovered by and in the name of the said trustees, and 
 when recovered to be paid over to and thereupon become a part 
 of the said special fund. Any person who shall wilfully swear 
 falsely in any oath or affirmation in obtaining or procuring any 
 shares or payment thereof, under the provisions of this Act, 
 shall be guilty of perjury. 
 
 1900, ch. 266. 
 
 7760. The said special fund shall consist of : 
 
 1. The capital, interest, income, dividends, cash deposit, 
 securities and credit of the special fund now in existence, with 
 additions thereto from time to time of 
 
 2. All fines and forfeitures imposed l)y the Board of Police 
 Commissioners from time to time upon or against any mem- 
 ber or members of the police force ; and of 
 
 ■]. All rewards, fees, gifts, testimonials and emoluments 
 that may be presented, paid or given to any member of the 
 police force on account of police services, except such as have 
 i)een or shall be allowed by the Board of Police Commissioners 
 to be retained by the said members, and also all gifts or be- 
 quests which may be made to the said special fund, or to the 
 said Police Board as trustees thereof. 
 
 4. All lost, abjindoncfl. uncljiimod, or stolen money remain-
 
 43 
 
 ing in the possession of the Secretary of the Board of Police 
 Commissi ouers for the space of one year, and for which there 
 shall be no lawf nl claimant, and all moneys arising from the sale 
 by the said Secretary or said Board of unclaimed, abandoned, 
 lost or stolen property, and all moneys realized, derived or re- 
 ceived from the sale of any condeimied, unfit or unserviceable 
 property belonging to or in the possession or under the control 
 of the Police Department, and of 
 
 5. All moneys, pay, compensation or salary, or any part 
 thereof, forfeited, deducted or withheld from any member or 
 members of the police force on account of absence for any cause, 
 lost time, sickness or other disability, physical or mental, to be 
 paid monthly by the Treasurer of the Board of Police Com- 
 missioners to the special fund. 
 
 6. All moneys derived or received from license, certificates, 
 or permits, hereafter authorized by the Mayor and City Coun- 
 cil under the general powers granted by Chapter 123, of the 
 Acts of the General xVssembly of Maryland, Session 1898, title 
 "City of Baltimore," sub-title "Charter," sub-title "General 
 Powers," sub-title "License," which are required to be issued 
 and collected by the Police Department. 
 
 7. Any sum hereafter allowed out of or share of liquor 
 license moneys specially appropriated to said special fund and 
 derived from the granting of license or permission to sell strong 
 or spirituous liquors, ale, wine or beer, and such sum, sums, 
 share or shares shall be paid in to the Treasurer of the special 
 fund by the person or officer having the legal custody thereof. 
 
 8. All moneys derived or received from the granting or 
 issuing the permits, or the giving of permission to give public 
 dances^ soirees, masked balls, boxing or athletic contests, circus 
 or tent shows, or either of them, in the City of Baltimore ; also 
 the sum of Hxe dollars for each and every permit granted by 
 the Board of Police Commissioners under Section 653P, Chap- 
 ter 343, of the Acts of the General Assembly of Maryland, ses- 
 sion of 1890, for the sale of liquors at bona fide entertainments. 
 
 9. A smn of money equal to but not greater than two per 
 centum of the semi-monthly pay, salary or compensation of 
 each member of the police force entitled to participate in the 
 special fund, which sum shall be deducted every pay day by the 
 Treasurer of the Board of Police Commissioners from their pay. 
 salary or compensation of each and every member of the police 
 force, and the said Treasurer of said Board is hereby auth- 
 orized, empowered and directed to deduct the said sum of 
 money as aforesaid and forthwith to pay the same to the Treas- 
 urer of the trustees of the special fund ; provided, however.
 
 417 
 
 that it shall be optional with any member of said police force 
 to contribute the said two per centum of his salary as above 
 provided, and participate in the benefits of the special fund; 
 and provided further, that no member of said force shall par- 
 ticipate in said special fund unless he contributes to said fund 
 as aforesaid. 
 
 10. And any and all unexpended balances of appropria- 
 tion or amounts estimated, levied, raised or appropriated for 
 the payment of salaries or compensation of members of the 
 police force within said City of Baltimore remaining unex- 
 pended or unapplied after allowing all claims payable there- 
 from, said balances to be paid to special fund at any time after 
 the expiration of the year for which the same were made and 
 appropriated. 
 
 11. In case the amount derived from the different sources 
 mentioned and included in this section, and from the special 
 fund, without deducting charges for patrol services, police-boat 
 and new station-houses, shall not be sufficient at any time to 
 enable the Board of Police Commissioners to pay in full the 
 salaries which have been or may hereafter be granted, which 
 said salaries shall at all times be a first charge on said funds, it 
 shall be the duty of the said Board each year at the time 
 of making up the departmental estimate to prepare a full and 
 detailed statement of the assets of said special fund, and the 
 amount which is required to pay in full all such salaries, and to 
 present the same to the Mayor and City Council and the Board 
 of Estimates, together with a statement of the amount of money 
 required to enable the said Board of Police Commissioners 
 to pay the said salaries in full. It shall be the duty of the 
 Mayor and City Council and said Board of Estimates to make 
 an appropriation sufficient to provide for each deficiency, and 
 the amount so appropriated shall be included in the tax levy, 
 and the Comptroller shall pay over the money to the treasurer 
 of the special fund. 
 
 12. And the said Board of Police Commissioners, as trus- 
 tees of the special fund, is hereby authorized and empowered 
 to take and hold as trustees of such fund any and all gifts or 
 bequests which may be made to such fund. 
 
 1900, ch. 269. 1902, ch. 514. 1906, ch. 267. 
 
 776C,a. Xo public dances, soirees, mask balls, boxing or 
 athletic contests, or other public entertainment of like kind, to 
 or for which an admission fee shall bo charged, shall be held, 
 given or permitted in the City of Baltimore, except upon con- 
 
 (15)
 
 418 
 
 ditiou that a license or permit fee of not less than $5.00 nor 
 more than $100.00 shall first be paid to the Secretary of the 
 Board of Police Commissioners who are authorized to demand 
 and receive the same for the benefit of the Special Fund, pro- 
 vided, that nothing herein contained shall interfere with any 
 permits authorized, issued or collected by the authority of the 
 Mayor and City Council of Baltimore. Any person or corpora- 
 tion violating the provisions of this section shall be deemed 
 guilty of a misdemeanor and upon conviction thereof shall be 
 fined not less than $5.00 nor more than $100.00. Provided, 
 however, that this Act is not intended to apply to regular danc- 
 ing schools where the art is regularly taught and where dancing 
 parties are given in connection with the scheduled classes on 
 stated nights from 8 to 12 o'clock and where no liquors are sold 
 or dispensed. That all owners or managers of regular dancing 
 academies or places used for instruction in the art of dancing 
 shall pay an annual license fee of five dollars for such privilege. 
 
 1900, ch. 266. 
 
 776D. The Board of Police Commissioners shall have power 
 in its discretion to pay to the widow of any member of said 
 police force within the limits of said city who shall have been 
 killed while in the actual performance of duty, or shall have 
 died in consequence of injuries received while in the discharge 
 of duty an allowance until she remarries. If there be no widow, 
 but a child or children, then to pay such child or children whilst 
 under the age of eighteen years, a sum such as parent would 
 have been entitled to out of said special fund. 
 
 1900, ch. 266. 
 
 776E. Salaries granted under Chapter 494, of the Acts of 
 the General Assembly of Maryland, passed at the January ses- 
 sion 1898, and all other salaries granted by special Acts shall 
 be for the natural life of the retired or disabled officer, and 
 shall not be revoked, repealed or diminished except for causes 
 therein provided. 
 
 Section 756 of this Article, ante. 
 
 1900, ch. 266. 
 
 776F. No member of the police force, whether policeman, 
 officer of police, detective, clerk, turnkey, or in any other 
 capacity, shall be granted, awarded or paid a retiring salary 
 on account of physical or mental disability or diseases, unless 
 certificate of so many of the police surgeons or other com-
 
 419 
 
 petent and reputable physicians as the Board of Police Com- 
 missioners may require, which shall set forth the cause, nature 
 and extent of the disability, disease or injury of such member, 
 shall be filed in the office of the Board, and no member shall 
 hereafter be retired upon salary or be salaried, nor shall any 
 money or salary be awarded, gi'anted or paid except as provided 
 in this Chapter, and Chapter 494, of the Acts of the General 
 Assembly of Maryland, passed at the January session, 1898, 
 anv other law to the contrary notwithstanding. The said Board 
 of Police Commissioners is authorized and empowered to make 
 and adopt all such rules, orders and regulations as are or may 
 be necessary to carry out and enforce the provisions of this Act. 
 
 1886, ch. 450. 1888, ch. 306. P. L. L., (1SS8) Art. 4, sec. 756. 1912, 
 
 ch. 567. 
 
 777. In addition to the sums of money now authorized by 
 law to be paid out of the fund as above constituted and desig- 
 nated, the said Board of Police Commissioners are empowered 
 whenever, in their opinion, the efficiency of the service may re- 
 quire it, to retire any officer of police, policeman, detective, clerk 
 or turnkey appointed by them; and the said Board of Police 
 Commissioners shall pay to such officers of police, policeman, 
 detective, clerk or turnkey so retired, in monthly instalments, 
 out of said fund, for life, a sum of money equal to one-half 
 the amount of money currently paid monthly to an officer of 
 police, policeman, detective, clerk or turnkey, as provided by 
 law ; provided, however, he shall have served faithfully not less 
 than sixteen years as such officer of police, policeman, detective, 
 clerk or turnkey, or shall have been permanently disabled in the 
 discharge of his duty as such officer of police, policeman, detec- 
 tive, clerk or turnkey. In the event at any time of an increase 
 in the pay of officers of police, policeman, detective, clerk or 
 turnkey, every officer of police, policeman, detective, clerk or 
 turnkey who shall have been or shall subsequently be retired by 
 the said Board of Police Commissioners shall be entitled 
 to and the said Board of Police Commissioners shall pay to 
 him in the manner and at and for the length of time provided 
 in this section for the pay of the members of the police force 
 who shall be retired or shall have been retired, a sum equal to 
 one-half of the remuneration of the active members of the Police 
 Department holding the same rank or grade at the time of their 
 retirement, to the end and effect that every retired officer of 
 police, policeman, etc., shall receive the same remuneration as 
 every other retired officer of police, policeman, etc., of like
 
 420 
 
 grade or rank, and no less. The provisions of this section shall 
 extend to and include all members of the police force of Balti- 
 more City heretofore retired by the said Board of Police Com- 
 missioners, including those members retired prior to January 
 1st, 1907, and the said Board of Police Commissioners shall in 
 all cases, before retiring any officer of police, policeman, detec- 
 tive, clerk or turnkey, procure and file among their records a 
 certificate signed by a majority of the physicians appointed 
 by the Board of Police Commissioners as physicians of the 
 Police Department, that the person proposed to be retired has 
 been thoroughly examined by them, and that he is incapable 
 of performing active police duty; and it shall be the duty of 
 any such officer of police, policeman, detective, clerk or turn- 
 key so retired to perform such police duties, and at such times 
 as the Board of Police Commissioners shall deem proper, said 
 terms of service not to exceed seven days during any year, and 
 for such services no extra compensation shall be allowed by 
 said Board ; and the said Board of Police Commissioners shall 
 have the power, in their discretion, to suspend payment to 
 any such officer of police, policeman, detective, clerk or turnkey 
 for a term not to exceed three months for the first offense ; for 
 the second offense for a term not to exceed six months, and for 
 the third offense any such officer of police, policeman, detective, 
 clerk or turnkey shall be subject to dismissal, upon proof that 
 the said officer of police, policeman, detective, clerk or turnkey 
 is living an improper or immoral life. 
 See Section 756, ante. 
 
 1912, ch. 567. 
 
 777-1. That this Act shall be construed to mean that at all 
 times hereafter the remuneration of every retired member of 
 the police force of Baltimore City shall be one-half the re- 
 muneration or pay of those members of the police force in 
 active service occupying a grade or rank similar to the grade 
 or rank occupied by the retired member at the time of his retire- 
 ment, and that whenever the remuneration for any of the 
 grades or ranks of the active members of the Police Department 
 are increased, the remuneration of those retired members of 
 the Police Department who held the same grade or rank at the 
 time of their retirement that the increased pay applies to, 
 then in that event the remuneration of the retired member of 
 that grade or rank shall be one-half of such remuneration as the 
 increase provides for, and no less.
 
 421 
 
 1906, ch. 456. 
 
 777A. The said Board of Police Commissioners are hereby 
 authorized, empowered and directed to include the Superinten- 
 dent of Matrons and the JMatrons of the several station-houses of 
 Baltimore City within the provisions of Section 777 of this 
 Article so that they may enjoy the same rights and privileges 
 and benefits, subject to the same limitations and conditions as 
 are therein prescribed and conferred for the retiring of the 
 members of the police force for the said City of Baltimore ; 
 provided, however, that the said Superintendent of Matrons 
 and the Matrons of the several station-houses of Baltimore City 
 within the provisions of Section 777 of this Article shall pay 
 into the Special Fund the sum of ten dollars ($10.00) per an- 
 num for the next succeeding three years in addition to the regu- 
 lar percentage required under the special pension Act. 
 
 1906, ch. 777. 
 
 777B,. The said Board of Police Commissioners are hereby 
 authorized, empowered and directed to include, the Secretary 
 of the Board, and the Assistant Secretary of the Board, within 
 the provisions of Section 777 of this Article, so that they may 
 enjoy the same rights and privileges and benefits subject to the 
 same limitations and conditions, as are therein prescribed and 
 conferred for the retiring of the members of the police force 
 for the said City of Baltimore, provided, however, that the 
 Secretary shall first contribute the sum of three hundred dol- 
 lars, payable in three annual instalments of one hundred dollars 
 each or all cash at his option to the said '^Special Fund," here- 
 inbefore provided for, and the Assistant Secretary to the Board 
 the sum of one hundred and fifty dollars payable in the same 
 manner. 
 
 1900, ch. 263. 
 
 777B,a. The Mayor and City Council of Baltimore shall, 
 upon the request of the Board of Police Commissioners of the 
 City of Baltimore, appropriate annually a sum of money for 
 the relief of disabled and superannuated members of the police 
 force of Baltimore City, and for the relief of widows and chil- 
 dren of policemen who may be killed in the discharge of duty, 
 whenever the special fund of said Board of Police Commis- 
 sioners is not sufficient for the payments authorized by and 
 under the Acts of the General Assembly heretofore passed. 
 
 1914, ch. 431. 
 777C. The said Board of Police Commissioners for the City
 
 422 
 
 of Baltimore are hereby authorized, empowered and directed to 
 include the Chief Engineer, two assistant engineers, and fire- 
 man in the Police Patrol Boat service, and those who may here- 
 after be employed in like capacity, within the provisions of 
 section 777 of this Article, so that they may enjoy the same 
 rights, privileges and benefits, subject to the same limitations 
 and conditions as are therein prescribed and conferred for the 
 retiring of members of the police force for the City of Balti- 
 more; provided, however, that any of the persons herein men- 
 tioned who were in the service of the Police Department prior 
 to the year 1900, shall pay into the special fund, a sum equiv- 
 alent to two per centum on the salary paid to them since the 
 year 1900 ; and any who have been employed since the year 
 1900, shall pay into the special fund a sum equivalent to two 
 per centum on the salary paid to them since the date of em- 
 ployment, and for the current year and thereafter the regular 
 percentage required under the special pension Act. 
 
 P. L. L., (1888) Art. 4, sec. 756A. 1892, ch. 356. 
 
 778. The Board of Police Commissioners for the City of 
 Baltimore are authorized to pay out of the special fund men- 
 tioned in section 776 of this Article, the cost of the maintenance 
 and operation of the police patrol boat recently built, and 
 manned by said Board under authority conferred by law on said 
 Board, including therein the wages of engineers and firemen 
 of said boat ; and said Board are authorized to appoint on its 
 force two officers for said boat, who shall be styled commander 
 and first officer, respectively, of the police patrol boat, and shall 
 have the rank and pay of Lieutenants of Police of the City of 
 Baltimore. 
 
 1892, ch. 356. P. L. L., (1888) Art. 4, sec. 756B. 
 
 779. The Board of Police Commissioners for the City of 
 Baltimore are hereby authorized, out of the special fund men- 
 tioned in section 776 of this Article, to pay the purchase money 
 of the ground needed for the erection of station-houses hereafter 
 required for the uses of said Board, and also the cost of the 
 erection and repair of said station-houses. 
 
 1892, ch. 1. p. L. L., (1888) Art. 4, sec. 756D. 
 
 780. The Board of Police Commissioners for the City of 
 Baltimore are hereby authorized and directed to pay to James 
 M. Moore, a retired patrolman of the police force of Baltimore 
 City, out of a fund in the hands of said Board of Police Com-
 
 423 
 
 missioners known and ac-connted for as the special fund, the sum 
 of twelve dollars per week for his life, in lieu of the sum of six 
 dollars per week now paid said James M. ]\Ioore by said Board 
 of Police Commissioners, under and by authority of an Act of 
 the General Assembly of Maryland (Chapter 459, Laws of 
 Maryland, eighteen hundred and eighty-six), entitled "An Act 
 to define a fund of money now in the hands, or which under 
 existing laws may come into the hands, of the Board of Police 
 Commissioners for the City of Baltimore, and to provide for its 
 application," approved April 7th, eighteen hundred and eighty- 
 six. 
 
 LONG BRIDGE. 
 
 1892, ch. 356. P. L. L., (1888) Art. 4, sec. 756c. 
 
 781. The jurisdiction and authority of the Board of Police 
 Commissioners for the City of Baltimore is hereby declared to 
 extend to and over the bridge across the Patapsco river, known 
 as the Long Bridge or Light Street Bridge ; and said Board and 
 their police force shall on and under said bridge, preserve the 
 public peace, prevent crime, arrest offenders, protect the rights 
 of persons and property, and prevent and remove nuisances ; pro- 
 vided, however, that if any crime be actually committed by any 
 person who shall be arrested by said police, the offender shall be 
 delivered to the proper jurisdiction for trial and punishment. 
 
 TELEGRAPH TO HOUSE OF CORRECTION. 
 
 1882, ch. 156. P. L. L., (1888) Art. 4, sec. 757. 
 
 782. The Mayor and City Council of Baltimore shall keep 
 and maintain, at their own proper cost and expense, the line of 
 telegraph from the House of Correction, in Anne Arundel 
 County, to the police headquarters in Baltimore City, trans- 
 ferred to them by the Board of Public Works, and are invested 
 with all the rights and privileges granted to telegraph companies 
 under the General Incorporation Laws of the State in the work- 
 ing and maintenance of this line. 
 
 THIEVES AND PICKPOCKETS. 
 
 1864, ch. 38. 1'. L. L., (1888) Art. 4, sec. 758. 
 
 783. It shall be the duty of all police officers in Baltimore 
 City to arrest and take before some one of tlie station liouse 
 Justices in Baltimore City, all persons whom they shall find in 
 any passongor railway cai", or in or about any railway depot in 
 Baltimore City, or in any place of public amusement, or in any
 
 424 
 
 street of the city, who they shall know or have good reason to 
 believe are common thieves or pickpockets, and said Justices 
 shall commit or bail such persons for trial before the Criminal 
 Court ; and if any person in Baltimore City shall be charged on 
 oath before any station-house Justice of the Peace in Baltimore 
 City, or before the Judge of the Criminal Court, with being a 
 common thief or pickpocket, such Justice or Judge shall issue a 
 warrant for the arrest of such person, and commit or bail him 
 for trial ; and any person convicted in the Criminal Court of 
 Baltimore of being a common thief or common pickpocket, shall 
 be imprisoned in jail not more than two years nor less than six 
 months, and be fined not more than one hundred dollars ; but if 
 any person is arrested a second time, or more, for such offence, 
 he shall be con\'icted only on proof that he has continued to be a 
 common thief or pickpocket for at least one month since his last 
 conviction or acquittal, and it shall be necessary to charge in 
 the indictment only that the person is a common thief or common 
 pickpocket; and any evidence, either of facts or reputation 
 proving that such person is habitually and by practice a thief or 
 pickpocket shall be sufficient for his conviction, if satisfactorily 
 establishing the fact to the court or jury by whom he is tried ; 
 and there shall be no discretion in any police ofiicer or Justice of 
 the Peace to discharge or release any person who is by such proof 
 before them, or knowledge on their part, shown to be a thief or 
 pickpocket as aforesaid, but such person shall be bailed or 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. 
 
 World V. State, 50 Md. 49. 
 
 1864, ch. 38. r. L. L., (1888) Art. 4, sec. 759. 
 
 784. If any person shall be arrested at any place on the line 
 of the Baltimore and Ohio Railroad, or on the line of the ISTorth- 
 ern Central Railroad, or on the line of the Philadelphia, Wil- 
 mington and Baltimore Railroad, or in any of the cars or depots, 
 or at any of the stations on said roads, or on any ferry-boat 
 employed to carry passengers over any part of said road, and 
 within the limits of this State, charged with being a common 
 thief or pickpocket, such person may be taken before any Justice 
 of the Peace of the county in which said place or depot or station 
 may be situated ; or if such person be arrested in any car, or on 
 any ferry-boat, before any Justice of the Peace of the nearest 
 convenient county or any station house Justice of the City of
 
 425 
 
 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 Balti- 
 more, 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 said road, shall arrest all such 
 persons at any of the places aforesaid, on the same knowledge 
 and proof of their being common thieves or pickpockets as pro- 
 vided in the preceding section, and the said Justice shall commit 
 or bail such person on the same knowledge or proof; and any 
 person convicted in any county on the line of said roads of being 
 a common pickpocket, shall be punished by a fine or imprison- 
 ment in the jail of the county for the same time and in the same 
 amount as provided in the preceding section; and all the pro- 
 visions of the preceding section shall apply to all cases under 
 this section, except so far as altered by this section. 
 
 PERSOXATIXG POLICEMEK 
 
 1890, ch. 504. P. L. L., (1888) Art. 4, sec. 759A. 1902, ch. 319. 
 
 785. It shall be a misdemeanor, punishable by imprisonment 
 in the jail of Baltimore City for not more than one year, or by 
 fine of not less than five dollars for any person not a member of 
 the police force of Baltimore City, sheriff or deputy sheriff of 
 Baltimore City, to falsely represent himself as being such 
 member, sheriff or deputy sheriff with fraudulent design upon 
 person or property, or upon any day or at any time to have, use, 
 wear or display, without the authority of the Board of Police 
 Commissioners or Sheriff of Baltimore, any shield, button, 
 wreath, number or any other insignia or emblem of office such 
 as are worn by the police force, sheriff' or deputy sheriff of said 
 city. 
 
 NEW STATION HOUSES. 
 
 1892, ch. 185. r. L. L., (1888) Art. 4, sec. 759A. 
 
 786. The Board of Police Commissioners are authorized and 
 empowered to purchase or lease ground in the twenty-first and 
 twenty-second wards in the City of Baltimore, or either of them, 
 as may be suitable in their judgment for the erection of a station 
 house or houses thereon, and they are hereby authorized and 
 empowered to have erected thereon such station house or houses 
 as they may deem suitable and proper.
 
 426 
 
 1S92, ch. 185. P. L. L., (1888) Art. 4, sec. 759B. 
 
 787. The title to said lot of ground and the improvements 
 thereon, shall be vested in the Mayor and City Council of Balti- 
 more City. 
 
 1892, ch. 185. P. L. L., (1S8S) Art. 4, sec. 759C. 
 
 788. The purchase of said ground, and the cost of erection 
 of said station-house or station-houses, shall be paid by the said 
 Board of Police Commissioners out of their special fund. 
 
 PRATT FREE LIBRARY. 
 
 1882, ch. 181. P. L. L., (1888) Art. 4, sec. 760. 
 
 789. It shall be the duty of the Mayor to appoint a visitor, 
 who shall, as often as once a year, examine the books and ac- 
 counts of the Trustees of the "Enoch Pratt Free Library of Bal- 
 timore City," and make a report thereof to the Mayor and City 
 Council of Baltimore ; and said Mayor and City Council shall, in 
 case of any abuse of their powers by said Trustees or their suc- 
 cessors, have the right to resort to the proper courts to enforce 
 the performance of the trust imposed on them. 
 
 19(X), ch. 221. 
 
 789a. The Enoch Pratt Free Library of Baltimore City is 
 hereby empowered to receive any gifts, bequests, devise or con- 
 veyance of real or personal property, which may be made to it or 
 to its Trustees, and to hold the title to said property, and from 
 time to time convey the same by deed or otherwise, according to 
 the nature thereof, to the Mayor and City Council of Balti- 
 more, for the use of said library, so that the title thereto shall be 
 vested in the said Mayor and City Council of Baltimore, in the 
 like manner and for the same uses as the property mentioned in 
 the original Act incorporating said library, passed at the 
 January Session, 1882, chapter 181, subject to the same manage- 
 ment and control. 
 
 1882, ch. 181. P. L. L., (1888) Art. 4, sec. 761. 
 
 790. The real estate and personal property vested in said 
 Mayor and City Council by virtue of the Acts of 1882, chapter 
 181, authorizing the establishing of the Enoch Pratt Free 
 Library of Baltimore City, and to become vested by future pur- 
 chases under the provisions of said Act, and the funds and fran- 
 chises of the "Enoch Pratt Free Library of Baltimore City," 
 shall be exempt from all State and municipal taxes, forever.
 
 427 
 
 KAILROADS. 
 
 Safety Gates. 
 1884, ch. 420. P. I.. L., (1888) Art. 4, sec. 763. 
 
 ■ 791. All railroad companies whose tracks cross any street in 
 Baltimore Citv at grade, are required to place, erect and keep in 
 operation and repair, safety gates at all such street crossings in 
 said city, which said gates shall be closed on the approach of any 
 and every train of cars or locomotive, and kept closed until the 
 said cars or locomotive have completely passed said street 
 crossing. 
 
 Textor v. B. & O. R. R. Co., 59 Md. 63. B. & O. R. R. Co. v. Stumpf, 
 97 Md. 89. Jenkins v. B. & O. R. R. Co.. 98 Md. 404. See also, N. C. 
 Ry. Co. V. Gilmore, 100 Md. 404. 
 
 1884, ch. 420. P. L. L., (1888) Art. 4, sec. 764. 
 
 792. Any railroad company violating the provisions of the 
 foregoing section shall be liable to a tine of fifty dollars for each 
 crossing, and for every day on which said safety gates are neg- 
 lected to be erected or operated ; said fine to be collected as other 
 fines are now collected. 
 
 1902, ch. 615, sec. 1. 
 
 792a. No railroad company incorporated by or under the 
 authority of this State, or doing business therein, shall issue, sell 
 or receive tickets for passage through the City of Baltimore, or 
 make agreement or agreements with any other railroad company 
 or companies outside of this State to issue or sell tickets for 
 passage over their respective lines through the City of Balti- 
 more, unless there is a coupon on said ticket for passage from a 
 given place in or out of this State to the City of Baltimore, and 
 another coupon on said ticket from the City of Baltimore to a 
 given place in or out of this State. 
 
 1902, ch. 615, sec. 2. 
 
 792U In issuing or selling all tickets for passage in this 
 State through the City of Baltimore, or making agreements with 
 other railroad companies outside of this State to issue or sell 
 tickets for passage through the City of Baltimore, the said tickets 
 shall permit the holders thereof to a stop-over privilege of at 
 lea.st forty-eight (48) hours in the City of Baltimore; provided, 
 that nothing in this section shall prohibit railroad companies 
 from issuing and selling ti(;kets without this stop-over privik^ge 
 in the City of Baltimore, for special occasions, when the tickets
 
 428 
 
 for passage are good only on excursion trains not on the regular 
 schedule of the railroad. 
 
 1902, ch. 615, sec. 3. 
 
 792c. All passenger trains passing through the City of Balti- 
 more must stop at least three minutes at the principal station of 
 the company operating said trains, and the stoppage of all trains 
 must be announced in such manner as will give passengers ample 
 opportunity to get off. 
 
 1902, ch. 615, sec. 4. 
 
 792d. Any manager, officer, agent, conductor, or employee, 
 who shall violate any of the provisions of this Act shall be guilty 
 of a misdemeanor and upon indictment and conviction thereof 
 shall be fined not less than one hundred dollars, nor more than 
 five hundred dollars for each oifense, one-half of said fine to go 
 to the informer. 
 
 HOURS OF LABOE. 
 
 1886, ch. 163. P. L. L., (1888) Art. 4, sec. 765. 
 
 793. ISTo street railway company incorporated under the laws 
 of this State, and no officer, agent or servant of such corporation, 
 and no person or firm owning or operating any line or lines of 
 street railways within the limits of this State, and no agent or 
 servant of such firm or person shall require, permit or suffer its, 
 his or their conductors or drivers, or any of them, or any em- 
 ployees in its, his or their service, or under his, its or their con- 
 trol, to work more than twelve hours during each or any day of 
 twenty-four hours, and shall make no contract or agreement with 
 such employees, or any of them, providing that they or he shall 
 work for more than twelve hours during each or any day of 
 twenty-four hours. 
 
 1886, ch. 163. P. L. L., (1888) Art. 4, sec. 766. 
 
 794. Any corporation which shall in any manner violate any 
 of the provisions of the preceding section shall be deemed to have 
 misused or abused its corporate powers and franchises, and the 
 Attorney-General of the State, upon the application in writing, 
 made by any citizen of this State, accompanied by sufficient 
 proof of such violation, shall forthwith, without further authori- 
 zation, institute proceedings for the forfeiture of the charter of 
 such corporation, by petition in the name of the State, in the 
 manner provided by the laws of this State for the enforcement
 
 429 
 
 of the forfeiture of the charter of any corporation wliich has 
 abused or misused its corporate powers or franchises. 
 
 1886, ch. 163. P. L. L., (1888) Art. 4, sec. 767. 
 
 795. If any corporation, or any officer, agent or servant of 
 such corporation, or any person or any firm managing or con- 
 ducting any street railway in this State, or any agent or servant 
 of such person or firm, shall do any act in violation of the pro- 
 visions of section 793, it, he or they shall be deemed to have been 
 guilty of a misdemeanor, and shall, on conviction thereof in a 
 court of competent jurisdiction, be fined one hundred dollars for 
 each offense so committed, together with the costs of such prose- 
 cution. 
 
 STREET RAILWAY FARES. 
 
 1882, ch. 229. P. L. L.. (1888) Art. 4, sec. 768. 1900, ch. 313. 
 
 796. The United Railways and Electric Company of Balti- 
 more, its successors and assigns, shall charge five cents, and no 
 more, as a fare for the conveyance of each passenger over twelve 
 years of age, and three cents, and no more, for each child be- 
 tween the ages of four and twelve years, from any point on any 
 of its lines to any other point on such lines within the City of 
 Baltimore ; provided, that such company shall give a free trans- 
 fer, when the same shall be requested, upon the payment of each 
 cash fare, which transfer shall be good at all points of intersec- 
 tion of lines of said railway for a continuous ride, except at such 
 points on said lines where such form a route so as to permit a 
 passenger to return in the same general direction of the line upon 
 which the transfer was issued, the privilege of transfer not to ap- 
 ply to the terminus of any line or route ; provided, that nothing 
 in this Act shall be construed to aft'ect any of the interests of the 
 Mayor and City Council of Baltimore in the said United Rail- 
 ways and Electric Company of Baltimore; or any of the rail- 
 ways consolidated under the corporate name. 
 
 Garrison v. U. Rys. Co., 97 Md. 350. 
 
 PARK TAX. 
 
 1882, ch. 229. P. L. L., (1888) Art. 4, sec. 769. 
 
 797. The said several passenger street railway compani(\s 
 shall pay to tlie Mayor and City Council of Baltimore, a tax 
 upon their gross receipts of nine per cent., in quarterly instal- 
 ments, oil the first day of Jiiiiiiary, April, -luly and October, 
 in each year.
 
 430 
 
 Union Pass. Ry. Co. v. Baltimore, 71 Md. 238. Park Tax Case, 84 
 Md. 1. 
 
 U. Rys. Co. liable for gross receipts tax on all receipts from operation 
 on all public streets. 
 
 City V. U. Rys., 107 Md. 251. 
 The Park fund under the existing laws is to be applied to park pur- 
 poses only by the Board of Park Commissioners. 
 
 Baltimore v. Williams, 124 Md. 502. 
 
 P. L. L., (1888) Art. 4, sec. 769A. 1894, ch. 550. 
 
 798. The Board of Park Commissioners, or any agent or 
 agents of the said Commissioners, authorized in writing by a 
 certificate signed by the president and secretary thereof, shall 
 have authority and power from time to time, and at any time 
 the said Board of Park Commissioners see fit, to make examina- 
 tion of the books, accounts and car fare registers of any or all of 
 the street railway companies in the City of Baltimore, for the 
 purpose of satisfying said Board of Park Commissioners that 
 returns of the ^'park tax" are fairly and correctly made by said 
 companies, and by each and every one of them ; and any street 
 railway company whose officers shall neglect or refuse, on de- 
 mand of said Board of Park Commissioners, to permit the said 
 Commissioners or any agent or agents of said Commissioners 
 authorized in writing as above prescribed, to at any time inspect 
 its said books, accounts and carfare registers or any of them, 
 shall forfeit and pay a fine of one hundred dollars for each and 
 every day it shall so neglect or refuse to comply with such de- 
 mand ; said penalty to be collected by an action of debt in the 
 name of the Mayor and City Council of Baltimore. 
 
 Park Tax Case, )^ Md. 1. 
 
 P. L. L., (1888) Art. 4, sec. 769B. 1894, ch. 550. 
 
 799. On default of any of the street railway companies 
 operating street railway lines within the present city limits, in 
 the payment of the park tax of nine per centum of the gross 
 receipts from all street railway lines within the present city 
 limits, for the term of ten days after the expiration of any quar- 
 ter, the company or companies so in default shall pay a penalty 
 at the rate of thirty per cent, per annum, on the amount due 
 from it, for the time it shall continue in default ; said penalty to 
 be recovered by an action of debt, in the name of the Mayor and 
 City Council of Baltimore. 
 
 Park Tax Case, 84 Md. 1. 
 
 P. L. L., (1888) Art. 4, sec. 769C. 1894, ch. 550. ' 
 
 800. If any officer, agent or employee of any street railwav
 
 431 
 
 company within the City of Baltimore shall knowingly, wilfully 
 and corruptly certify to the Board of Park Commissioners a less 
 sum than is actually due as the park tax of nine per centum of 
 the gross receipts from the lines of such company within the city 
 limits, he shall be guilty of a misdemeanor, and on conviction 
 thereof shall suffer imprisonment for not more than six months 
 in jail, or pay a fine of not more than one thousand dollars, or 
 both, in the discretion of the Court, 
 
 Park Tax Case, 84 Md. 1. 
 
 RAILWAY EASEMENTS IN ANNEX. 
 
 1906, ch. 566, sec. 1. 
 
 800a. In the event that the existing street railway fran- 
 chises, easements, interests or rights of the United Railways and 
 Electric Company of Baltimore in any of the roads within the 
 limits of that part of Baltimore City known as the Annex as to 
 which roads the said Street Railway Company is not legally 
 liable to the payment of the park tax hereinafter mentioned or 
 in any part or parts oi said roads or any of them, shall in any 
 manner, be acquired by the Mayor and City Council of Balti- 
 more pursuant to the authority conferred upon it by Chapter 
 274 of the Acts of the General Assembly of Maryland for the 
 year 1904 and ordinance of the Mayor and City Council of Bal- 
 timore No. 21G, appro\'ed ]\Iarch 11, 1905, or by any other laws 
 or ordinances relating to the powers and duties of the Commis- 
 sioners for Opening Streets under said Acts, and application or 
 applications shall afterwards be made by the United Railways 
 and Electric Company of Baltimore, to the Mayor and City 
 Council of Baltimore, subject to the provisions of sections 7-12, 
 both inclusive, and section 37 of Article 4, entitled ''City of 
 Baltimore," of the Code of Public Local Laws of Maryland, for 
 the franchise or right to use the beds of said roads, or any of 
 them, for its railway lines, and the ordinance or ordinances, 
 making said application, or applications, sliall be duly passed by 
 the Alayor and City Council of Baltimore, then with the consent 
 of the Board of Estimates, expressed in said ordinance or ordi- 
 nances, the park tax of nine per centum upon the gross receipts 
 of passenger street railway companies in the City of Baltimore, 
 now prescribed and j-egulated by sections 797-800 both inclusive, 
 of Artich; 4, entitled "City of Baltimore," of the Code of I'nblic 
 Local Laws of Maryland, shall as to the bed or beds of the public 
 highway oi- highways covered by said ordinance or ordinances, 
 and for the period of eleven years accounting from the date, or 
 respective dates of passage of said ordinance or ordinances, be
 
 432 
 
 payable and paid by the said United Railways and Electric 
 Company of Baltimore, its successors and assigns, to the Mayor 
 and City Council of Baltimore as follows: For the first three 
 years of said period of eleven years the gross receipts of said 
 company from its lines on the bed or beds of the public liighway 
 or highways covered by said ordinance or ordinances, shall be 
 exempt from said park tax as at present, for the fourth year of 
 said period of eleven years they shall be subject to said park tax 
 at the rate of one per centum, for the fifth year to said park tax 
 at the rate of two per centum, for the sixth year to said park tax 
 at the rate of three per centum, for the seventh year to said park 
 tax at the rate of four per centum, for the eighth year to said 
 park tax at the rate of five per centum, for the ninth year to said 
 park tax at the rate of six per centum, for the tenth year to said 
 park tax at the rate of seven per centum, for the eleventh year to 
 said park tax at the rate of eight per centum, and thereafter to 
 said park tax at the general rate of nine per centum each year, 
 as now prescribed and regulated as aforesaid by sections 797- 
 800, both inclusive, of Article 4, entitled "City of Baltimore," 
 of the Code of Public Local Laws of Maryland, or at such other 
 rate or rates as may be hereafter prescribed by law ; provided, 
 however, that the franchise or right so granted to the United 
 Railways and Electric Company of Baltimore, its successors and 
 assigns in said roads, or any of them, may in the discretion of 
 the Board of Estimates so far as the same may be now perpetual^ 
 be in perpetuity; provided, however, that nothing herein shall 
 be construed to make perpetual, or to grant in perpetuity, any 
 franchise or right whatsoever (as a franchise or right in per- 
 petuity) which heretofore has not been owned or enjoyed by the 
 said United Railways and Electric Company of Baltimore as 
 and for a right perpetual, or franchise or right in perpetuity. 
 
 1906, ch. 566, sec. 2. 
 8001*. In view of the fact that the beds or parts of the beds, 
 of said roads, or some of them are now occupied by the United 
 Railways and Electric Company of Baltimore, and its rights in 
 such roadbeds, or parts of roadbeds, are proposed to be acquired 
 by the Mayor and Citv Council of Baltimore for the sole purpose 
 of securing for the public the unconditional use thereof as public 
 highways, the Board of Estimates is hereby authorized, in its 
 discretion, after the acquisition of said roadbeds, or parts of 
 roadbeds, by the Mayor and City Council of Baltimore, should 
 the United Railways and Electric Company of Baltimore, its 
 successor and assigns apply for the franchise or right of using
 
 433 
 
 any of said roadbeds, or part of roadbeds, for its railway lines, 
 to fix the compensation or compensations, to be paid therefor, 
 without reference to any other application, or applications, for 
 the same franchises or rights by any other person or corporation, 
 and free from the obligation cast upon it by section 37 of Article 
 4, entitled ''City of Baltimore," of the Code of Public Local 
 Laws of Maryland, to fix the compensation to the Mayor and 
 City Council of Baltimore in such cases at the largest amount 
 that it may be able by advertisements or otherwise to obtain for 
 the franchise or right ; provided, however, that said compensa- 
 tion, or compensations, shall in no case be fixed by said Board of 
 Estimates at a lower sum or sums than the sum or sums which 
 the Mayor and City Council of Baltimore shall have paid, or be- 
 come obliged to pay, unto said Company, whether as the result 
 of condemnation proceedings or otherwise, under the provisions 
 of Chapter 274 of the Act of the General Assembly of Maryland 
 for the year 1904, for the purpose of acquiring the respective 
 street railway franchises, easements, interests or rights now or 
 hereafter possessed or enjoyed by said Company in said re- 
 spective roadbeds, or parts of roadbeds as to which said applica- 
 tion or applications for new franchises or rights shall or may be 
 made by said Company as aforesaid. 
 
 RAILWAY AREA PAVING. 
 
 1914, ch. 37. 
 
 800e. That there is hereby imposed upon every corporation 
 occupying with railroad or street railway track or tracks any 
 portion of any public highway in Baltimore City which shall 
 hereafter be paved or repaved with improved paving by the 
 Paving Commission of Baltimore City, the State Roads Com- 
 mission, the City Engineer, the Annex Improvement Commis- 
 sion, or any other public commission, board or agency, the obli- 
 gation to pay for the cost of such paving within the space cov- 
 ered by any such railroad or railway track or tracks and for a 
 distance of two feet outside of each outer rail of such track or 
 tracks. The cost of the paving, as herein used, shall be construed 
 to include the cost of the removal of the old cobble or other pav- 
 ing, and all excavation, ballasting, grading, concreting and other 
 work involved in such paving. This obligation shall apply whether 
 the entire street be paved with the same kind of improved paving 
 or whether one kind be put outside of the railway area and a 
 different kind within the railway area, provided, no more expen- 
 sive nuitorial or consti'uction l)o nsod in the i-ailway area than is 
 reasonably necessary, in tlie jndgTiHMit of the Paving (\)nnnis-
 
 434 
 
 siou or other agency doing such paving, for the proper construc- 
 tion of the paving of the entire street. The Paving Commission, 
 or other public agency, having in charge the construction of such 
 paving, may permit said corporation to do any part of the work 
 within the railway area which said Commission or other agency 
 may consider can be done by said corporation without detriment 
 to the public welfare or the proper progress of the work. In 
 order to give such corporation an opportunity to do any part or 
 parts of the work which it may be authorized to do by said Com- 
 mission or other agency, the said Commission or other agency, 
 before beginning work upon any portion of a street occupied by 
 a railroad or railway track or tracks, shall give to the corpora- 
 tion owning, operating and using such track or tracks reasonable 
 notice of its intention to do such work and of the time when it 
 proposes to begin such work on such street. The said Commis- 
 sion or other agency, shall keep an accurate account of the cost 
 of the work, the obligation to pay for which is imposed by this 
 Act upon any corporation. 
 
 The obligation hereby imposed shall be a lien upon the prop- 
 erty of such corporation to the same extent as ordinary taxes 
 against the property of such corporation, and may be enforced 
 and collected bv the same remedies used for the enforcement and 
 collection of taxes, and pa\inent thereof may be enforced by the 
 ^layor and City Council of Baltimore by a suit at law or by any 
 other remedy provided by any law or ordinance, and appropriate 
 for said purpose. All said remedies shall be cumulative. The 
 city, through its Paving Commission, or other Commission, 
 board or agency doing such paving, may pay the cost of the 
 paving in the railway or railroad area in the first instance, and 
 in that event the said cost when paid by the railway or railroad 
 corporation shall be credited to the fund from which the cost of 
 said paving shall have been paid in the first instance; and the 
 amount of the cost shall be due and payable for the work done in 
 the railway area in any street or portion of a street embraced in 
 each separate contract or separate undertaking of construction 
 by said Paving Commission or other agency, upon the com- 
 pletion of such work. Provided, that no corporation shall be 
 required to pay under or by virtue of the provisions of this Act 
 more than $100,000 during any one year. If the cost of the 
 work for which any corporation is made liable under this Act 
 shall exceed $100,000 in any one year, the excess above 
 $100,000 shall not be due and payable until the following year ; 
 the intent of this proviso being that the entire obligation imposed 
 by this Act shall be paid by every corporation upon which it is
 
 435 
 
 imposed, but that no corporation shall be called on to pay more 
 than $100,000 thereof in any one year. 
 
 1914, ch. 37. 
 
 800d. That nothing herein contained shall be construed to 
 relieve any street railway or railroad corporation of any obliga- 
 tion existing or imposed upon it by any law or ordinance prior 
 to the passage of this Act. 
 
 PROHIBITING TRACKS ON CERTAIN STREETS. 
 
 p. L. L., (1888) Art. 4, sec. 769 A. 1892, ch. 115. 1894. oh. 69. 1894, 
 
 ch. 150. 1894, ch. 439. 1896, ch. 74. 1896. ch. 403. 1896, ch. 405. 
 
 1900, ch. 149. 1902. ch. 558. 1904, ch. 35. 1906, ch. 253. 
 
 801. It shall not be lawful for any person or corporation to 
 lay any railway track upon Mount Royal avenue between Guil- 
 ford and North avenues, or upon Cathedral street between Sara- 
 toga street and Mount Royal avenue, or upon Saint Paul street 
 from Baltimore street northerly to Huntingdon avenue, or upon 
 Calvert street from Read street northerly to the city limits, or 
 upon Gough street from Bond street easterly to Patterson Park 
 avenue, or upon Broadway from Baltimore street north to North 
 avenue, except upon the streets where tracks are now laid, or 
 upon Caroline street between Preston street and North avenue, 
 or upon Eager street between Park and Wolfe streets, or upon 
 the old York road from its intersection with the York Turnpike 
 to Willow avenue, in the City and County of Baltimore, or upon 
 McCulloh street between Eutaw street and North avenue, or 
 upon Baltimore street between Patterson Park avenue and 
 Canton street, or on Barclay street, or on Biddle street between 
 Broadway and Maryland avenue, and when the tracks of the 
 Lake Roland Elevated Railway Company shall have been re- 
 moved from Oak Street, Hampden street, Cedar avenue. Elm 
 avenue and 3krerryman's lane, in the City of Baltimore, there- 
 after it shall not be lawful for any person or corporation to lay 
 any railway tracks upon the said portion of said streets so occu- 
 pied by the said Lake Roland Elevated Railway Company, or 
 upon Hanover street between Lee street in the City of Baltimore 
 and the southoni extremity of said street which terminates at 
 Sj)ring Garden liarbor, or upon any of the streets, lanes, avennes 
 and highways above mentioncjd, without the consent of the Gen- 
 eral A.ssembly of Maryland; provided, that this sub-division of 
 this Article shall not restrict in any way the right of any passen- 
 ger railway now incorporated, nr that may hereafter be incorpo- 
 rated, to cross said streets where sucli railway company shall be
 
 436 
 
 authorized by the Mayor and City Council of Baltimore to use 
 any street or avenue opening into or crossing said beforemen- 
 tioned streets or highways. The maintenance or laying of any 
 tracks for street railways or other purposes on Cedar avenue, in 
 the City of Baltimore, be and is hereby forbidden. And it shall 
 not be lawful for any person or corporation to lay any railway 
 tracks upon Chase street, between Broadway and Maryland 
 avenue, nor upon Evergreen Terrace, between Fulton avenue 
 and Orem lane or avenue, in the City of Baltimore, without the 
 consent of the General Assembly of Maryland. 
 
 This section has been modified to conform to provisions of Acts 1900, 
 ch. 149 ; 1902, ch. 558 ; 1904, ch. 35 and 1906, ch. 253. 
 
 1900. ch. 746. 1902, ch. 99. 
 
 801a. It shall not be lawful for any person or corporation to 
 lay any railway tracks upon Lombard street, between Patterson 
 Park avenue and Exeter street, in the City of Baltimore, without 
 the consent of the General Assembly of Maryland ; provided, 
 that this Act shall not restrict in any way the right of any pas- 
 senger railway company now incorporated, or that may hereafter 
 be incorporated, to cross said Lombard street, when such railway 
 company shall be authorized by the Mayor and City Council of 
 Baltimore to use any street or avenue opening into said Lombard 
 street ; and provided further, that nothing herein contained shall 
 be construed to impair or limit in any manner the powers and 
 rights of the Mayor and City Council of Baltimore to regulate 
 the use in all respects of said street under the provisions of this 
 Article. 
 
 The Acts of 1900, ch. 746 and 1902, ch. 99, are practically identical in 
 considering the part of Lombard street affected by both Acts. 
 
 1910, ch. 111. 
 
 801b. That it shall not be lawful for any person or corpora- 
 tion to lay any railroad tracks upon Auchentoroly terrace, be- 
 tween Orem lane or avenue and Pennsylvania avenue or Reis- 
 terstown turnpike, in the City of Baltimore, without the consent 
 of the General Assembly of Maryland. 
 
 1910, ch. 131. 
 
 801o. That the maintenance or laying of any tracks for street 
 railway or other purposes on Charles street, between Center and 
 Read streets, and on Monument street, between Park avenue and 
 St. Paid street, in the City of Baltimore, be and is hereby for- 
 bidden.
 
 437 
 
 1910, ch. 569. 
 
 801d. That the maintenance or laying of any tracks for 
 street railway or other purposes on Biddle street, between Cal- 
 vert street and Maryland avenue, in the City of Baltimore, be 
 and the same is hereby forbidden ; provided, however, that noth- 
 ing in this Act shall be construed to interfere with the mainte- 
 nance of tracks already laid in said City of Baltimore on streets 
 crossing said Biddle street between said Calvert street and Mary- 
 land avenue. 
 
 RECORDS. 
 
 1886, ch. 289. P. L. L.. (1888) Art. 4, sec. 770. 
 
 802. It shall be the duty of the Clerk of the Superior Court 
 of Baltimore City to formulate and prepare a new plan or system 
 for the indexing of all deeds, conveyances and other papers re- 
 quired b}- law to be recorded among the land records in his office, 
 and submit the same to the Supreme Bench of Baltimore City 
 for its approval. 
 
 1886, ch. 289. P. L. L., (1888) Art. 4, sec. 771. 
 
 803. Upon the adoption and approval of the plan or system 
 of indexing authorized by the preceding section, the Clerk of the 
 Superior Court of Baltimore City is authorized and directed to 
 make and prepare for use in his said office, a new index of all 
 land records and conveyances in his keeping, upon the plan or 
 system so adopted and approved, in books suitable for the pur- 
 pose ; and all deeds and conveyances hereafter recorded among 
 said land records, shall be indexed upon the plan or system 
 aforesaid. 
 
 1886, ch. 289. P. L. L., (1888) Art. 4, sec. 772. 
 
 804. Whenever, from age or wear, any of the record books in 
 the keeping of the Clerk of the Superior Court of Baltimore 
 City shall be in danger of destruction or obliteration, it shall be 
 the duty of tlie Clerk of said Court, when required so to do by 
 the Supreme Bench of said city, to renew any such record book 
 by transcribing the same into new books. 
 
 1886, ch. 2S;>. I*. I.. L.. (ISSS) Art. I, sec. 77:5. 
 
 805. 'I he cost of making and preparing such new indexes 
 and records shall be paid out of tlie fees collected by tlie Clerk of 
 the Superior Court aforesaid.
 
 438 
 SABBATH. 
 
 1SS6, ch. 433. P. L. L., (1888) Art. 4, sec. 774. 
 
 806. xso vehicle of any description shall be permitted to 
 carry ice upon the streets or highways of Baltimore City, for the 
 purpose of selling the same, on the Sabbath Day, commonly 
 called Sunday. 
 
 1886, ch. 4.33. P. L. I... (1S88) Art. 4, sec. 775. 
 
 807. If any person or corporation be found guilty of causing 
 or in any way contributing to the violation of the preceding 
 section, he or it shall be subjected to a fine of not more than fifty 
 dollars, in the discretion of the courts. 
 
 SCHOOLS. 
 
 Intestates' Estates. 
 P. L. L., (I860) Art. 4, sec. 829. P. L. L., (1888) Art. 4. sec. 781. 
 
 808. The Orphans' Court of said city shall order and direct 
 the funds arising from intestates' estates that may be admin- 
 istered upon in said court, and which remain undistributed for 
 want of legal representatives of the intestates to claim the same, 
 to be paid to the Board of School Commissioners. 
 
 Savings Bank v. Weeks, 103 Md. 601. 
 
 P. L. L.. (1860) Art. 4. sec. 830. P. L. L., (1888) Art. 4, sec. 782. 
 
 809. The Court shall not make such order until they shall 
 be satisfied that the intestate left no legal representatives living 
 at the time of his death ; and they shall cause the administrator 
 of such intestates to give notice, by advertisement to be inserted 
 for such periods of time and in newspapers published in such 
 places as they may deem necessary, that upon default of the 
 appearance of any legal representative of the intestate, by a 
 certain day to be fixed by the Court and named in said adver- 
 tisement, the estate of said intestate will be paid to the Board of 
 School Commissioners. 
 
 Charlotte Hall v. Greenwell, 4 G & J. 407. Thomas v. Visitors of 
 Frederick County School, 7 G. & J. 369. 
 
 Requisites necessary to entitle the city or State to claim funds. 
 State V. Gittings, 125 Md. . 
 
 P. L. L., (1860) Art. 4, sec. 831. P. L. L., (18.S8) Art. 4, sec. 78.3. 
 
 810. They shall, upon passing an order directing such pay- 
 ment, require from the Treasurer of the Board of School Com-
 
 439 
 
 missioners, or any other officer who may he appointed by the 
 said Board of School Commissioners or the Mayor and City 
 Council of said city to receive such funds, a receipt and release 
 to the administrator for the same. 
 
 P. L. L., (1860) Art. 4, sec. 832. P. L. L., (1888) Art. 4, sec. 784. 
 
 811. The release shall contain an obligation that the said 
 funds shall be applied by the Board of School Commissioners to 
 the use and support of the public schools of the City of Balti- 
 more, and shall be recorded and preserved in said court as other 
 records are. 
 
 P. L. L., (1860) Art. 4, sec. 833. P. L. L., (1888) Art 4, sec. 785. 
 
 812. If the estate of an intestate shall be paid to the Board 
 of School Commissioners under this law, and any legal repre- 
 sentatives of the intestate of no remoter degrees among collat- 
 erals than brothers' or sisters' children, shall at any time appear 
 and prove him, her or themselves to be such legal representatives, 
 the Board of School Commissioners who received such estate, or 
 their successors, if the same shall be in their hands or shall have 
 been applied to the use of the public schools, shall restore the 
 same to such legal representatives out of the school fund under 
 their direction. 
 
 P. L. L., (1860) Art. 4, sec. 834. P. L. L., (1888) Art. 4, sec. 786. 
 
 813. Nothing contained in this sub-division of this Article 
 shall be construed to interfere with or affect the rights vested in 
 the Charitable Marine Society of Baltimore. 
 
 JOHNS HOPKINS UNIVEKSITY. 
 
 1876, ch. 84. P. L. L., (1888) Art. 4, sec. 787. 
 
 814. The Johns Hopkins University, a corporation duly 
 incorporated by certificate recorded in the office of the Clerk of 
 the Circuit Court for Baltimore County sliall have power to es- 
 tablish branches of the said university in the City of Baltimore, 
 to hold, or to purchase and hold, all property in said city, needed 
 for the successful conducting of the branches of the said univer- 
 sity in said city, and to keep and maintain a principal office in 
 said city for the conduct of the business of the said university. 
 
 1876, ch. 84. P. L. L.. (1888) Art. 4, see. 789. 
 
 815. The said Johns Hopkins University shall liave power to 
 admit students of the said university who shall merit distinction 
 to the office and profession of surgeon, or to the degree of doctor 
 of medicine, or of doctor of hivvs, or of bachelor or master of 
 arts; to grant to students in such university such certificates of
 
 440 
 
 proficiency aud attainments in any special study as the said 
 university may see proper to confer ; and to grant the honorary 
 degrees of doctor of laws, doctor of medicine, and master of arts, 
 or such other degrees as may be proper, to any person who may 
 merit such distinction, whether such person be a student of such 
 university or not. 
 
 McDONOGH EDUCATIONAL FUND AND INSTITUTE 
 AND OTHER INSTITUTIONS. 
 
 1888, ch. 102. P. L. L., (1888) Art. 4, sec. 789. 
 816. The Mayor and City Council of Baltimore is author- 
 ized, upon the transfer and surrender to it, by the Board of 
 Trustees of the JMcDonogh Educational Fund and Institute, of 
 the city stock or certificates of indebtedness, in which the said 
 educational fund is now, under the city ordinances, invested, in 
 consideration of such transfer and surrender, to issue and de- 
 liver to the said Board of Trustees, the stock or certificates of 
 indebtedness of the Mayor and City Council of Baltimore, to 
 the amount of one million dollars, in the form prescribed by law 
 for such certificates, redeemable in the year of our Lord, nine- 
 teen hundred and thirty-eight, and bearing interest, payable 
 quarterly, at the rate of five per cent, per annum. To pass an 
 ordinance providing for the said transfer and surrender of said 
 city stock or certificates of indebtedness, in which the educational 
 fund derived under the will of John McDonogh, is now invested, 
 and for the issue and delivery to the Trustees of the McDonogh 
 Educational Fund and Institute, in consideration of such trans- 
 fer of said city stock or certificates of indebtedness of the Mayor 
 and City Council of Baltimore, to the amount of one million 
 dollars. Before the ordinance which the Mayor and City Coun- 
 cil of Baltimore is authorized and empowered to pass, shall take 
 eftect, it shall be approved by a majority of the votes of the legal 
 voters of the said city, cast at the time and place to be appointed 
 by said ordinance for submitting the same to the legal voters of 
 said city, as required by section 7 of Article XI, of the Constitu- 
 tion of Maryland. To appropriate annually for the Baltimore 
 Manual Labor School for Indigent Boys, sum or sums of money 
 not exceeding fifteen hundred dollars per annum. Upon trans- 
 fer and surrender to it, by the Peabody Institute of the City of 
 Baltimore, of six per cent, city stock, to an amount not exceeding 
 five hundred thousand dollars, to issue and deliver to the said 
 Peabody Institute, in consideration of such transfer and sur- 
 render, city stock in the form prescribed for such certificates by 
 the Baltimore City Code of eighteen hundred and seventy-nine,
 
 441 
 
 redeemable in the year of our Lord nineteen hundred and fifty, 
 and bearing interest at the rate of not more than five per cent, 
 per annnm, payable quarterly ; and to pass an ordinance provid- 
 ing for such transfer of said stock, and for the issue and deli\'erv 
 to the said Peabody Institute, in consideration of such transfer 
 and surrender of stock or certificates of indebtedness of the 
 Mayor and City Council of Baltimore, to the amount of not over 
 five hundred thousand dollars, as authorized above, bearing in- 
 terest at not more than five per cent, per annum, payable 
 quarterly. 
 
 TEXT BOOK UPOIi CIVIL GOVERNMENT. 
 
 1898, ch. 520. 
 816a. The State Board of Education and the Board of Pub- 
 lic School Commissioners of Baltimore City are hereby required 
 to furnish the public schools of this State with a text-book upon 
 civil government in addition to the text-books now furnished 
 them, and shall be included in the branches of study now taught 
 in the public schools, and shall be taught to and be studied by all 
 pupils whose capacity will admit of it, in all departments of the 
 public schools of this State and in all educational institutions 
 supported wholly or in part by money from the State. 
 
 SEWERS. 
 
 P. L. L., (1860) Art. 4, sec. 836. P. L. L., (1888) Art. 4, sec. 793. 
 
 817. If any person shall wilfully stop up, obstruct, injure or 
 damage the passage of the waters of any of the common or pri- 
 vate sewers or drains, he shall be fined a sum not exceeding one 
 hundred dollars, to be collected as other fines are collected. 
 
 1868, ch. 181. P. L. L., (1888) Art. 4, sec. 794. 
 
 818. The Mavor and Citv Council of Baltimore shall have 
 full power to provide for constructing, opening, enlarging or 
 straightening, subject to the provisions hereinbefore contained 
 as to the Board of Public Improvements. and the Board of Esti- 
 mates, any sewer or drain, public or private, through any private 
 property, upon giving thirty days' notice in writing to the owner 
 or agent of said private property, or to one of them, if more than 
 one, leaving such notice at the usual place of abode of such owner 
 or agent, or at the usual place of abode of one of them, if more 
 than one, or if none of said parties live in the City of Baltimore, 
 by setting up said notice on the land or premises ; to provide for 
 ascertaining what amount of actual benefit will thereby accrue 
 to the owner or possessor of any ground or improvements within
 
 442 
 
 or adjoining the city, being governed as far as practicable by the 
 number of siiperlicial feet drained, and to provide for assessing 
 and levying, either generally on the whole assessable property of 
 the said city, or by a loan for the special purpose for construct- 
 ing, opening, enlarging or straightening any sewer, the sum 
 necessary to pay the expense or cost, or specially on the property 
 of persons actually benefited, the whole or any part of the dam- 
 ages and expenses which they shall ascertain will be incurred in 
 constructing, opening, enlarging or straightening any sewer in 
 any street, lane or alley, or through any private property in said 
 city; to provide for granting appeals to the Court having juris- 
 diction thereof in Baltimore City, from the decision of any 
 commissioners or other persons appointed in virtue of any ordi- 
 nance to ascertain the damage which will be incurred or the 
 benefits which will accrue to the owners or possessors of any 
 ground or improvements for constructing, opening, 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 reauire, and for securing to every such owner 
 or possessor the right on application within a reasonable time to 
 have decided by a jury trial whether any damage and what 
 amount of damage has been caused, or whether any benefit and 
 what amount of benefit, has accrued to them ; and to provide for 
 collecting and paying over the amount of compensation adjudged 
 to each person to receive the same, or investing in stock of said 
 corporation, bearing interest of five per centum per annum, for 
 the use of any person who because of infancy, absence from the 
 city, or other cause, may be prevented from receiving it, before 
 any sewer shall be constructed, opened, enlarged or straightened 
 in any street, lane or alley, or through any private property, and 
 to enact and pass all ordinances from time to time which shall be 
 deemed necessary and proper to exercise the power and effect 
 the objects herein specified. 
 
 1868, ch. 181. p. L. L., (1888) Art. 4, sec. 795. 
 
 819. The amount of benefits assessed on any property for 
 constructing, opening, enlarging or straightening any sewer in 
 any street, lane or alley, or through any private property, con- 
 structed, opened, enlarged or straightened by virtue of any ordi- 
 nance passed by the Mayor and City Council of Baltimore, shall 
 be a lien on the property and recoverable as city taxes are. 
 
 820. No private sewer or drain shall be constructed, altered, 
 
 or repaired without a permit from the City Engineer. 
 
 Sec. 820 is modified by Act 1906, ch. 144. See ante, Sec. 6, sub-division 
 "Sewers," page 28.
 
 443 
 
 1868, ch. 181. P. L. L.. (1888) Art. 4. sec. 796. 1906, ch. 103. 
 
 821, Before the Mayor and City Council of Baltimore shall 
 pass any ordinance under this Article relating to the construct- 
 ing, opening, enlarging or straightening any sewer through any 
 private street, lane or alley, or through any private property, 
 notice shall be given of an application for the passage of such an 
 ordinance in at least two of the daily newspapers of said city 
 twace a week for thirty days. 
 
 1868, ch. 181. P. L. L., (1888) Art. 4, sec. 797. 
 
 822. Before any Commissioners appointed by any ordinance 
 of said corporation under the preceding sections hereof shall 
 proceed to the performance of their duty, they shall give daily 
 notice, in at least two newspapers in the City of Baltimore, of 
 the object of the ordinance under which they propose to act, at 
 least thirty days before the time of the first meeting to execute 
 the same. 
 
 1868, ch. 181. P. L. L., (1888) Art. 4, sec. 798. 
 
 823. Should the Commissioners appointed by the Mayor and 
 City Council of Baltimore assess any part of the expense and 
 damage incurred in the construction, opening, enlarging or 
 straightening any sewer in the city, upon the Mayor and City 
 Council of Baltimore, the said Mayor and City Council of Balti- 
 more may levy a tax on the assessable property of the city for 
 the amount of such assessment, or thev mav raise the necessarv 
 amount by a loan, for the payment of which they may create a 
 sinking fund to meet the liabilities incurred ; and may also levy 
 on the assessable property of the City of Baltimore from time to 
 time such sums as may be necessary to provide therefor, and for 
 the principal and interest of the liabilities incurred, and may 
 pass all ordinances necessary to carry out the provisions of the 
 same. 
 
 1882, ch. 406. 1888, ch. 131. V. L. L., (1888) Art. 4, sec. 799. 
 
 824, The Mayor and City Council of Baltimore are author 
 ized to issue the stock of the City of Baltimore for the amount of 
 five millions of dollars ; said stock to be issued from time to time 
 as the Mayor and City Council of Baltimore shall by ordinance 
 prescribe; the proceeds of said stock to be used for the opening, 
 widening, paving and repaving of streets, the constructing of 
 sewers, the supplying of school buildings in the City of Balti- 
 more, and the improvement of the public parks. The said stock 
 shall be in such amounts, payable at such time or times, and sliall 
 hear such rate of interest as the said Mayor and City Council of 
 Baltimore shall provide by ordinance; but the said stock shall
 
 444 
 
 not be issued unless the ordinance which the Mayor and City 
 Council of Baltimore is hereby authorized to enact shall be ap- 
 proved by a majority of the votes of the legal voters of said city, 
 cast at the time and place to be appointed by said ordinance in 
 the provision for submitting the same to the legal voters of said 
 city, as required by section 7 of Article XI, of the Constitution 
 of the State. 
 
 NEW SEWERAGE SYSTEM. 
 
 1901, ch. 19. 1904, ch. 349, sec. 1. 
 824a. The Mayor of the City of Baltimore is hereby author- 
 ized to appoint in the manner prescribed by section 25 of Article 
 4, entitled "City of Baltimore," of the Public Local Laws of 
 Maryland, and subject to the condition that three appointees 
 shall be members of the minority party within the meaning of 
 section 30 of said Article, six capable and upright citizens of the 
 City of Baltimore, who, together with the Mayor himself ex 
 officio, shall constitute a special commission to be known as the 
 Sewerage Commission of the City of Baltimore, and who shall 
 continue in office from year to year until the work of said com- 
 mission under this Act has been fully and finally completed in 
 every respect. If, however, the Second Branch of the City 
 Council of the City of Baltimore shall reject three several and 
 successive nominations by the Mayor to any position on said 
 commission, he shall be empowered to make an appointment 
 thereto without its confirmation. No municipal official or other 
 officer of the Mayor and City Council of Baltimore, whether 
 holding a paid or an unpaid office or position under the said 
 corporation shall be eligible for appointment to said commission, 
 and all persons appointed to said commission shall qualify and 
 be subject to removal by the Mayor, except that there shall 
 be no removal at any time save for cause after charges pre- 
 ferred, as prescribed by said Section 25 of Article 4, entitled 
 "City of Baltimore," of the Public Local Laws of Maryland. 
 Any member of said commission may at any time resign there- 
 from by tendering his resignation in writing to the Mayor, and 
 any vacancy in said commission occasioned by the resignation, 
 removal, death or permanent absence from this State of the in- 
 cumbent, or by supervening incapacity upon his part, whether 
 physical or mental, to discharge his duties, or by any other 
 cause operating such a vacancy, either actually or in effect, shall 
 be filled by the Mayor in the manner and subject to all the con- 
 ditions as to minority representation, qualification and removal 
 hereinbefore provided for as to original appointees to said com-
 
 445 
 
 mission. All the members of said commission shall receive such 
 compensation as the Major and City Council shall by ordinance 
 provide, not, however, to exceed for the chairman the sum of 
 three thousand dollars and for the other members of said com- 
 mission a sum not exceeding fifteen hundred dollars each; and a 
 majority of said members shall be a lawful quorum for the trans- 
 action of business ; and said commission shall be taken as super- 
 seding in every respect the Sewerage Commission of the City of 
 Baltipiore (assuming that said last mentioned commission is not 
 already functus officio) appointed under Resolution N^o. 189 of 
 the Mayor and City Council of Baltimore, approved May 25, 
 1893, and continued (or attempted to be continued) by the 
 terms of ordinance N^o. 2 of the Mayor and City Council of 
 Baltimore, approved ISTovember 14, 1899 ; and shall be entitled 
 to the possession and custody of all maps, plats, blue prints, 
 sketches, books, papers, documents, writings, letters and chattels 
 in the possession of said last mentioned commission ; and, so 
 soon as the appointed members of said commission shall be quali- 
 fied, they shall, with the Mayor acting as a member of said com- 
 mission ex officio, organize by the election of one of the members 
 of said commission as chairman of said commission, who shall 
 be removable at pleasure by said commission, and shall receive 
 such compensation as it may determine, not exceeding the sum 
 of three thousand dollars per annum, and shall preside over the 
 meetings of said commission and perform such other duties as 
 are imposed upon him by this Act, or as may be assigned to him 
 by said commission, and by the election of a secretary, not a 
 member of said commission, who shall be removable at pleasure 
 by said commission, and shall receive such compensation as it 
 may determine, not exceeding the sum of twenty-five hundred 
 dollars per annum, and shall enter into a well-bound book and 
 carefully preserve neat, legible and accurate minutes of all meet- 
 ings of said commission and perform such other duties as usually 
 appertain to the office of secretary of a private corporation or as 
 are imposed upon him by this Act or as ma,y bo assigned to him 
 by said commission. All sessions or meetings of said commis- 
 sion shall be open and public and all its records shall be public 
 records, and it shall annually make to the Mayor a detailed 
 report of all its official transactions and expenditures. 
 
 1904, ch. 349, sec. 2. 
 
 824b. Said commission shall be charged with the duty of 
 
 projecting, constructing and establishing a sewerage system for 
 
 the collection, transmission and disposal of the house and other 
 
 sewage and drainage of the City of Jialtimore, including, either
 
 446 
 
 as a combined or separate feature of said system the collection, 
 transmission and disposal of storm and ground water, respective- 
 ly, and shall be clothed with each and every and all powers 
 which, by anything short of a palpably forced construction, may 
 be held to be necessary or proper for these purposes, or either of 
 them, among which powers shall be the following, that is to say : 
 
 1. To make all such preliminary investigations and to do all 
 such preliminary work as should, in its judgment, precede the 
 actual projection, construction and establishment of said system 
 of sewerage. 
 
 2. To project and adopt such a system of sewerage as it may 
 deem best calculated to promote the objects of this Act. 
 
 3. To construct and establish all such local, district, lateral, 
 intercepting, outfall or other sewers, and all such conduits, 
 drains and pumping or other plants, and all such buildings, 
 structures, works, apparatus or agencies, and to lay all such 
 mains and pipes and to create or use, or create and use, all such 
 instrumentalities and means, within the City of Baltimore, or 
 any counties of the State, including submerged as well as other 
 lands, as it may deem expedient for carrying said system of 
 sewerage, projected and adopted as aforesaid into full effect. 
 And said commission is hereby specifically empowered to lay or 
 construct, and the Mayor and City Council of Baltimore to 
 maintain, without compensation to the State, any part or parts 
 of said system of sewerage, or of its works or appurtenances, 
 over or upon any part or parts of the bed of the Patapsco river 
 or its branches, or of any land covered by any of the navigable 
 waters of this State, the title to which is held by this State, and 
 if the same be deemed advisable by the said commission, the 
 Governor of Maryland is hereby authorized and directed, upon 
 the application of the said commission, to execute, acknowledge 
 and deliver to the Mayor and City Council of Baltimore such 
 deed or deeds as may be proper for the purpose of fully con- 
 firming this grant. 
 
 4. To incorporate with said system of sewerage or otherwise 
 utilize for the purpose of this Act, so far as it may deem ex- 
 pedient, any or all existing public sewers or drains, including 
 storm water sewers and drains, in the City of Baltimore, and 
 any and all of their appurtenances, either in their present con- 
 dition or with such repairs, modifications or changes as said 
 commission may see fit to make, and to condemn, close up, 
 abolish or destroy, in its discretion, any or all such existing 
 public sewers and drains, or to alter their functions, or to in- 
 crease their burdens, as it may think best.
 
 447 
 
 5. To appoint or employ a chief engineer and snch other 
 professional or technical advisers and experts, and such agents, 
 assistants, clerks, employes and laborers, skilled or nnskilled, 
 of all kinds, as it may deem requisite, for the due and proper 
 execution of the duties devolved upon it by this Act, or any 
 of them, and to fix their respective compensations and to remove 
 or discharge them at pleasure (except such highly trained, ex- 
 perienced or skilled individuals as it may agree to appoint or 
 employ upon special terms for definite and fixed periods of 
 time), and to exact from them such indemnity bonds for the 
 proper performance of their respective duties, as it may deem 
 proper. 
 
 6. To frame, promulgate and enforce such reasonable rules 
 and regulations for its own government and for the supervision, 
 protection, management and conduct of its work as it may be- 
 lieve expedient. 
 
 7. To make and enter in the name and on behalf of the 
 Mayor and City Council of Baltimore any and all contracts, 
 agreements or stipulations germane to the scope of its duties 
 and powers under this Act. 
 
 8. To purchase, hire or otherwise lawfully obtain the use 
 of all such machinery, tools, implements, appliances, supplies, 
 materials and working agencies as it may need for its purposes ; 
 provided, however, that this enumeration of special powers shall 
 not be construed as restricting in any degree the scope of the 
 general powers hereinbefore conferred upon said commission ; 
 and provided, further, that said commission shall have no auth- 
 ority to construct and establish any sewerage system involving 
 the discharge of sewage, as distinguished from storm water 
 or ground drainage, into the Chesapeake Bay or any of its trib- 
 utaries. 
 
 Provisions in contracts making engineer arbiter binding. 
 Baltimore v. Talbott, 120 Md. 354. 
 
 1904, ch. 349, sec. 3. 
 824c. The Mayor and City Council of Baltimore acting by 
 and through the agency of said commission, may acquire by gift, 
 purcliase, lease, whatever the duration of the lease, or other like 
 methods of acquisition, or by condemnation, any land or prop- 
 erty situated whollv or partly within the City of Baltimore or 
 within any of the counties of this State, or any interest, fran- 
 chise, easement, right or privilege therein which may be re- 
 quired for the purpose of constructing and establisliing said sew- 
 erage system, or any part or parts thereof, or that may be needed 
 for the workings of said system when established, and when
 
 448 
 
 and so often as resort shall be had to condemnation proceed- 
 ings, the procedure shall be that marked out by sections 360 to 
 365, inclusive, of Article 23 of the Code of Public General Laws 
 of Maryland, relating to condemnation of property by corpora- 
 tions ; or so far as the acquisition by condemnation of any such 
 land or property situated wholly or partly within the City of 
 Baltimore, or any interest, franchise, easement, right or privi- 
 lege therein is concerned, may in any case or cases, at the option 
 of said commission, be such as may now or at any time hereafter 
 be provided for by any lawful ordinance or ordinances of the 
 Mayor and City Council of Baltimore, adopted pursuant to the 
 powers conferred upon it by section 6 of Article 4, entitled "City 
 of Baltimore," of the Code of Public Local Laws of Maryland, 
 title '^General Powers," sub-title ''Condemnation of Property," 
 for the condemnation of any land or property or interest therein, 
 situated wholly or partly within the City of Baltimore, or such 
 as may be provided for the very purpose by any lawful ordinance 
 or ordinances of the Mayor and City Council of Baltimore; 
 which said ordinance or ordinances the Mayor and City Council 
 of Baltimore is hereby fully authorized to adopt ; provided, pro- 
 vision is made therein for reasonable notice to the owner or own- 
 ers, and for appeals to the Baltimore City Court, including the 
 right of appeal to the Court of Appeals, by any person interested, 
 including the Mayor and City Council of Baltimore, from the 
 decision of any Commissioners or other persons appointed to 
 value any such land or property, or interest, franchise, easement, 
 right or privilege therein. 
 
 Provision in a contract requiring contractor to exhibit receipts from a 
 sub-contractor does not give tlie sub-contractor a claim against tlie city. 
 Lombard Governor Company v. Baltimore, 121 Md. 304. 
 
 1904, ch. 349, sec. 4. 
 824d. All individuals and corporations lawfully having 
 buildings, structures, works, conduits, mains, pipes, tracks or 
 other physical obstructions in, over or under the public lanes, 
 avenues, streets, alleys or highways of the City of Baltimore, 
 which shall block or impede the progress of said sewerage sys- 
 tem, when in process of construction and establishment, shall, 
 upon reasonable notice from said commission, promptly so shift, 
 adjust, accommodate or remove the same, at their own cost and 
 expense, as to fully meet the exigencies occasioning such notice ; 
 and if any such individual or corporation shall refuse, neglect 
 or fail after such reasonable notice to discharge any duty cast 
 upon him or it by this section, he or it shall, in addition to but 
 not in substitution for any other remedy or remedies that said
 
 449 
 
 commission or the ]\Iajor and City Council of Baltimore may 
 have in the premises, be subject to a fine of one hundred dollars 
 for each and every offense, and also to an additional line of 
 fifty dollars a day for every day that said refusal, neglect or 
 failure shall continue ; said fines to be collected as other fines in 
 the City of Baltimore are collected; and should the exigencies 
 of said commission and its work in any case involve a taking, 
 in the constitutional sense, of the franchise or right in the ex- 
 ercise of which such obstruction had its origin, the Mayor and 
 City Council of Baltimore, acting by and through the agency 
 of said commission, shall be empowered to secure the condemna- 
 tion of such franchise or right in the manner provided for in 
 section 3 of this Act. The preceding provisions of this section 
 shall likewise be applicable to any such obstruction in, over or 
 under the public highways of any county of this State into 
 which said sewerage system shall extend. The duty and cost 
 of adjusting or removing private drains and sewers in Balti- 
 more City which shall block or impede the progress of said 
 sewerage system when in progress of construction and establish- 
 ment, shall rest upon and be borne by the Mayor and City Coun- 
 cil of Baltimore exclusively. 
 
 1904, eh. 349, sec. 5. 1906, ch. 132. 
 824e. All work done or supplies or materials purchased 
 in carrying out the purposes of this Act when involving an ex; 
 penditure of five hundred dollars or more, shall be by contract 
 awarded to the lowest responsible bidder in accordance with the 
 provisions of sections 14 and 15 of Article 4 entitled "City of 
 Baltimore" of the Public Local Laws of Maryland, provided, 
 however, that said Commission shall be empowered if it sees fit 
 to insert in the specifications for any such work reasonable and 
 lawful conditions as to the hours of labor, wages and the resi- 
 dence or character of workmen to be employed by the contractor, 
 and especially so far as may be practicable, in the judgment 
 of said commission, such reasonable and lawful conditions as 
 will tend to confine employment on such work in whole or in 
 part to permanent and hoj^a fide residents of the State of ]\Lirv- 
 land only; and provided however, also that said commission 
 with the consent of three-fourths of all its members may itself 
 do any part or parts of any such work under such conditions in 
 every respect as it may prescribe by day labor whenever the 
 chief engineer in writing shall recommend that course; in which 
 event the said Commission in addition to its other powers in 
 the premises shall likewise be authorized to devise, promulgate! 
 and enforce such rules and regulations as will make merit and 
 
 (15)
 
 450 
 
 personal fitness ascertained by some system of open competition 
 or registration or both, the sole tests of eligibility for all posi- 
 tions of employment under its control which it may see fit to 
 embrace within the scope of said rules and regulations which 
 however may be limited to permanent and ho7ia fide residents 
 of this State ; in any particular any and all bids or parts of bids 
 for any such work or supplies or materials may be rejected; 
 provided, however, that all bids shall, before an award is made 
 by the Board of Awards under the provisions of said sections 
 14 and 15 of Article 4, entitled "City of Baltimore" of the Pub- 
 lic Local Laws of Maryland, and so soon as said bids shall have 
 been opened by the Board of Awards be referred to the said 
 Commission by said Board for such consideration and recom- 
 mendations in the premises the said Commission shall see fit to 
 give and make, which said consideration and recommendations 
 shall therefrom be given and made by the said Commission with- 
 out unnecessary delay. 
 
 1904, ch. 349, sec. 6. 
 8241*. In order to provide money for the projection, con- 
 struction and establishment of said sewerage svstem the Mavor 
 and City Council of Baltimore is hereby authorized to issue 
 the stock of said corporation for a sum not exceeding ten mil- 
 lion, dollars ; said stock to be issued from time to time as the 
 Mayor and City Council of Baltimore shall by ordinance pre- 
 scribe, and to be issued for such amounts and to be payable at 
 such time and to bear such rate of interest as the Mayor and 
 City Council of Baltimore shall by ordinance provide. Said 
 stock shall be sold and issued by the Commissioners of Finance 
 of the City of Baltimore at the best prices obtainable in their 
 judgment therefor, and any premiums derived from the sale 
 thereof shall remain in their hands as part of the sinking fund 
 hereinafter mentioned for the redemption of said stock at 
 maturity. The residue of the money received from the sale of 
 said stock shall be turned over by them to the Comptroller, to 
 be by him deposited with the City Register, and to be placed 
 to the credit of a fund to be known as the "'New Sewerage Sys- 
 tem Fund," which shall be exclusively applicable to the cost 
 of the work authorized by this Act, and shall be chargeable with 
 no other items of cost or expense whatever. Appropriations for 
 the cost of said work, based upon the estimates of said commis- 
 sion, shall be annually included by the Board of Estimates in the 
 usual way in the Ordinance of Estimates, and upon the written 
 requisitions, supported by proper vouchers of the chairman of 
 said commission, or of the chairman pro tempore of said com-
 
 451 
 
 mission countersigned by the secretary of said commission, or 
 by the secretary pro tempore of said commission, either of which 
 officers the said commission is hereby authorized to appoint by 
 vote or resolution in the event of the absence, sickness or otlier 
 disabilitv for the time beine- of its chairman or secretarv, re- 
 spectively, the Comptroller shall draw his warrants upon the 
 City Register, payable out of such appropriations from said 
 special fund for the amounts of all items of cost or expense 
 properly chargeable upon said special fund. But said stock 
 shall not be issued, in whole or in part, unless the ordinance of 
 the Mayor and City Council of Baltimore providing for the 
 issuance 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 as required by section 7 of Article XI of the 
 Constitution of ]\Iaryland. If issued pursuant to such approval, 
 the Mayor and City Council of Baltimore shall levy in each 
 and every year upon all property liable to taxation in the City 
 of Baltimore a sum sufficient to pay the interest accruing on 
 said stock and to create a sinking fund sufficient, with the 
 aid of any premiums on the sale thereof, to redeem said stock 
 at its maturity. 
 
 1904, cli. 349, sec. 7. 
 824g, So often as any portion of said sewerage system shall 
 be in actual operation and in condition to collect, transmit and 
 dispose of domestic or house sewage, the said commission shall 
 notify the Commissioner of Health of the said City of Balti- 
 more of that fact and impart to him the metes and bounds of 
 said portion of said sewerage system in such state of prepared- 
 ness, and it shall thereupon become his duty to require all owners 
 of property within such metes and bounds, and shall become the 
 duty of all such owners at their own cost and expense to forth- 
 with connect their respective house drains at their respective 
 building lines with said sewerage system, and to forthwith clean 
 out and fill up their respective privy sinks, wells, cesspools or 
 other sewerage or drainage receptacles, and to abandon the use 
 of their existing arrangements of every sort for tiie disposal of 
 sewage or drainage under the directions and control of said Com- 
 missioner of Health ; and full power is hereby conferred upon 
 the Mayor and City Council of Baltimore to pass any ordinance 
 or ordinances and provide for any remedial proceedings or pro- 
 cesses or for any penalty or penalties that may be necessary, in 
 its judgment, to enable said Commissioner of Health to properly 
 and effectively comply with the obligations or any of the obliga-
 
 452 
 
 tions hereinbefore imposed upon him by this section of this Act, 
 and to keep the drainage connections between said respective 
 building lines and said sewerage system free from obstruction 
 and in good working order; and to do any and all things rea- 
 sonably necessary to be done to compel said owners of said 
 property to place and maintain the same in relations of full 
 co-operation with said sewerage system. 
 
 1904, ch. 349, sec. 8. 
 
 824h. Wliile the work authorized by this Act is being done 
 by said commission the respective duties and powers of" the City 
 Engineer and Commissioner of Street Cleaning and other city 
 officials in their relations to the existing sewers and drains of 
 the City of Baltimore shall, subject to the duties and powers 
 hereby conferred upon said commission, continue as at present ; 
 and said commission shall be authorized as its work progresses 
 to turn over from time to time, in its discretion, such completed 
 portions of said work as it may see fit to the charge, superin- 
 tendence and control of the proper city officials, ^Vhen its work 
 under this Act has been fully and finally completed in every 
 respect, and not before, the life of said commission, as originally 
 appointed and as subsequently recruited by appointments to 
 occasional vacancies, if any, shall come to an end, and the said 
 sewerage system established by it shall, so far as it has not 
 already been surrendered to the charge, superintendence and 
 control of said officials, be then so surrendered, and at the same 
 time all the records, writings and papers of said commission 
 shall be delivered up to the City Librarian, to be preserved in 
 his office, and all property and effects in its possession belonging 
 to the city to the Comptroller, to be disposed of by him as may 
 be provided by ordinance. 
 
 Act 1904, ch. 349, sec. 9. repeals Act 1901, ch. 19. 
 
 1910, ch. 630, sec. 1. 
 824i. That in order to provide additional money for the 
 projection, construction, establishment and completion of said 
 sewerage system, including in said system the disposal of sew- 
 erage and drainage from property belonging to or under the 
 control of the Mayor and City Council of Baltimore, the Mayor 
 and City Council of Baltimore is hereby authorized to issue 
 the stock of said corporation for a sum not exceeding ten million 
 dollars, said stock to be issued from time to time, as the Mayor 
 and City Council of Baltimore shall, by ordinance, prescribe, 
 and to be issued for such amounts and to be payable at such 
 time, and to bear such rate of interest as the Mavor and Citv
 
 453 
 
 Council of Baltimore shall by ordinance provide ; the money 
 so realized from the sale of said stock to be used for the purposes 
 specified in said Chapter 349 of the Acts of the General As- 
 sembly of Maryland enacted in the year 1904, and to be ex- 
 pended in accordance with the terms, conditions and provisions 
 of said Act, or of any amendments or additions thereto ; said 
 stock shall be sold and issued by the Commissioners of Finance 
 of the city at the best prices obtainable, in their judgment, 
 therefor; and any premiums derived from the sale thereof 
 shall remain in their hands as part of the sinking fund herein- 
 after mentioned for the redemption of said stock at maturity. 
 The residue of the money received from the sale of said stock 
 shall be turned over by them to the Comptroller, to be by him 
 deposited with the City Register, and to be placed to the credit 
 of a fund to be known as the "New Sewerage System Fund 
 !N^o. 2," which shall be exclusively applicable to the cost of 
 the work authorized by this Act and by said Chapter 349 of the 
 Acts of the General Assembly of ^Maryland enacted in the 
 year 1904, and shall be chargeable with no other items of cost or 
 expense whatever. Appropriations for the cost of said work, 
 based upon the estimates of said Commission, shall be annually 
 included by the Board of Estimates in the usual way, in the 
 ordinance of estimates, and upon the written requisitions, sup- 
 ported by proper vouchers of the chairman of said Commis- 
 sion, or of the chairman -pro tempore of said Commission, coun- 
 tersigned by the secretary of said Commission, or by the secre- 
 tary pro tempore of said Commission, either of which officers 
 the said Commission is hereby authorized to appoint, by vote or 
 resolution, in the event of the absence, sickness or other disa- 
 bility, for the time being, of its chairman or secretary, respec- 
 tively. Comptroller shall draw his warrants upon the City 
 Register, payable out of such appropriations from said special 
 fund for the amounts of all items of cost or expense properly 
 chargeable upon said special fund, but said stock shall not be 
 issued, in whole or in part, unless the ordinance of the Ifayor 
 and City Council of Baltimore providing for the issuance there- 
 of 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 as required by section 7 of Article 11 of the Constitution 
 of Maryland. If issued pursuant to such approval, the IMayor 
 and City Council of Baltimore shall levy in each and every 
 year upon all property liable to taxation in the City of Balti- 
 more a sum snfHricnt to pay the interest accruing on said stock 
 and to create a sinking fund sufficient, with the aid of any pre- 
 miums on the sale thereof, to redeem said stock at its maturity.
 
 454 
 
 3910, ch. G30, sec. 2. 
 824 j. That the Sewerage Commission shall locate its sewers 
 intended for house connections in the rear of said houses when- 
 ever practicable and whenever said houses are not already other- 
 wise connected with sewers, but said Sewerage Commission may 
 locate any of said sewers in the front of said houses whenever 
 the cost to the owners of the majority of the houses to be con- 
 nected with said sewers in any block will be less if laid in front 
 of said houses than if laid in the rear of said houses, and it 
 shall be the duty of the Sewerage Commission to use private 
 sewers whenever suitable and whenever any of said sewers is 
 suitable and of sufficient capacity both to drain the houses con- 
 nected with each sewer and such other houses as may be built 
 abutting on that part of the street, alley or way in or near which 
 said sewer is located, then the said Commission shall acquire, 
 and it is hereby directed to acquire said sewer if the same can 
 be obtained at a sum not exceeding fifty per cent, of what would 
 be the cost of constructing and laying a sewer of the same kind 
 in the same place, and if the same cannot be obtained, then the 
 said Commission shall not be required to acquire said sewer, but 
 said Commission may either build another sewer to take the 
 place of said private sewer, or, in its discretion, may acquire 
 said sewer for a sum exceeding fifty per cent, of said cost, or, in 
 its discretion, may acquire said private sewer by condemnation 
 in the method provided by said Chapter 349 of the Acts of 
 1904 ; provided, however, that when more than one private sewer 
 shall exist in the same part of any street, alley or other way, 
 then the said Commission shall be required to acquire, in 
 the manner and upon the terms hereinbefore set forth, only 
 that private sewer w^iich in the opinion of said Commission 
 will be best suited for said sewerage system, and provided that 
 whenever any private sewer has been built since the passage of 
 said Chapter 349 of the Acts of 1904, or shall hereafter be 
 built upon any agreement with the Sewerage Commission that 
 said sewer should thereafter be taken over by said Commission 
 at a price or on terms agreed upon, then said sewer shall be so 
 taken over by said Commission; and in the event of any disa- 
 greement or dispute between the owner or owners of property or 
 properties or of private sewers, or their representatives, and the 
 said Sewerage Commission as to the location of any lateral 
 sewer or sewers intended for house connections, or the capacity, 
 location or suitableness of any private sewer, or the cost of con- 
 structing and laying a sewer similar to any private sewer, then 
 the matter shall be referred to a board composed of the four
 
 455 
 
 city officials now constituting the Board of Public Improve- 
 ments of the City of Baltimore, under rules to be adopted by 
 said Board, and the decision of said Board as to any of said 
 matters so referred to said Board shall be final and binding on 
 said Sewerage Commission and the party or parties appealing, 
 and forty days before the work of construction of any lateral 
 sewer or sewers intended for house connections shall be begun, 
 said Sewerage Commission shall give notice by publication in 
 three or more of the daily newspapers of Baltimore City of the 
 general location of said sewer, and any property owner or other 
 person interested in the location of said sewer or in any private 
 sewer intended to be used or which might be used in connection 
 with or instead of the intended sewer, may, within ten days after 
 the first publication of said notice, apply to said Sewerage Com- 
 mission for detailed information as to the location and con- 
 struction of said sewer and as to what, if any, private sewers are 
 intended to be used, and said person may, within said ten days, 
 protest in writing to said Sewerage Commission against any 
 part of the proposed plan of said sewer, and thereupon said 
 Sewerage Commission, at some time within a period beginning 
 ten days after said first publication and ending twenty days 
 after said publication, shall make its determination in writing 
 with reference to said protest, which determination shall be 
 open to public inspection ; and any person who has thus pro- 
 tested, or any other person interested in said determination may, 
 within a period beginning twenty days after said first publica- 
 tion and ending thirty days after said first publication, appeal 
 in writing to a board composed of the four city officials now 
 constituting the Board of Public Improvements, against said 
 determination of said Sewerage Commission with reference to 
 said protest, and said Board so composed, within a period be- 
 ginning thirty days after said first publication and ending forty 
 days after said first publication, shall make its decision with 
 reference to said protest, which decision, as above mentioned, 
 shall be final and binding upon said Sewerage Commission aud 
 the party or parties appealing or protesting. 
 
 1012. eh. 24, sec. 1. 
 824k. That for the purpose of preserving the sanitary con- 
 dition of the city, the Mayor and City Council of Ilaltimorc 
 be and it is'hereby authorized to borrow money temporarily up 
 to such an amount as may be necessary not exceeding the amount 
 of the obligations or inrlcbtedness of property owners to it, 
 uiiflcr the j)rovisions of Ordinance T^o. .'')S, approved l^ecember 
 28, 11)11, for the purpose of providing the City Engineer with
 
 45G 
 
 the necessary funds to make the sewer connections and do the 
 other work which he is authorized and directed to do by said 
 ordinance, the Mayor and City Council of Baltimore is hereby 
 authorized for the purpose of borrowing such money to give 
 its note to be signed on behalf of the city by the Mayor, the 
 Comptroller and the City Engineer, and to pledge as collateral 
 the obligations or indebtedness of property owners to the city 
 under said Ordinance No. 58 to an amount equal to the amount 
 of the loan, and to renew such note in whole or in part from 
 time to time, not exceeding the time of maturity of the collateral. 
 The method of pledging such indebtedness from the owners of 
 property under said Ordinance 'No. 58 as collateral for such 
 loan shall be as follows : 
 
 The City Collector shall give a certificate over his hand that 
 there is due to the Mayor and City Council of Baltimore a cer- 
 tain sum under said Ordinance ISTo. 58 from the following prop- 
 erty owners, giving the number of the property and the name of 
 the owner, and the amount due on each, and that said indebted- 
 ness is not pledged for any other loan. Said certificate attached 
 to and delivered with the note of the city, as above provided, 
 shall constitute a pledge of the indebtedness of said parties to 
 the city as collateral security for the said note, or any renewal 
 thereof as above provided. The City Collector shall collect said 
 indebtedness, as provided in said ordinance, just as if the same 
 were not pledged, but shall pay over to the holder of any note 
 given under this Act all collections of any of the indebtedness 
 pledged as collateral therefor, and such holder shall credit all 
 such payments on such note. 
 
 1912. ch. 24. sec. 2. 
 8241. That Ordinance No. 58 of the Mayor and City Council 
 of Baltimore, approved December 28, 1911, be and it is hereby 
 ratified and confirmed, and every indebtedness accruing to the 
 Mayor and City Council of Baltimore from any property owner 
 in said city under and in pursuance of the terms of said ordi- 
 nance is hereby declared to be a lien upon the property of such 
 property owner as in said ordinance declared, and collectible 
 as therein provided. 
 
 1914. oh. .323. sec. 1. 
 824m. That in order to provide additional money for the 
 projection, construction, establishment and completion of said 
 sewerage system, including in said system the disposal of sew- 
 age and drainage from property belonging to or under the con- 
 trol of the Mayor and City Council of Baltimore, the Mayor
 
 457 
 
 and City Council of Baltimore is hereby authorized to issue 
 bonds or certificates of stock of said corporation for a sum not 
 exceeding three million dollars ($3,000,000), said bonds or cer- 
 tificates of stock to be issued by ordinance, and to be issued for 
 such amounts and to be payable at such time or times, and to 
 bear such rate of interest, not exceeding 5%, as the Mayor and 
 City Council of Baltimore shall, by ordinance, provide; the 
 money so realized from the sale of said stock to be used for the 
 purposes specified in said Chapter 349 of the Acts of 1904, 
 and Chapter 630 of the Acts of 1910, and to be expended in 
 accordance with the texms, conditions and provisions of said 
 Act, or any amendments or additions thereto ; said stock shall 
 be sold and issued by the Commissioners of Finance of the city 
 at the best prices obtainable, in their judg-ment, therefor. The 
 money received from the sale of said bonds or stock shall be 
 turned over by them to the Comptroller, to be by him deposited 
 with the City Register, and to be placed to the credit of a fund 
 to be known as ''The New Sewerage System Loan Xo. 3," 
 which shall be exclusively applicable to the cost of the work 
 authorized by this Act and by said Chapter 349 of the Acts of 
 1904 and Chapter 630 of the Acts of 1910. Appropriations for 
 the cost of said work, based upon the estimates of said Commis- 
 sion, shall be annually included by the Board of Estimates in 
 the usual way in the Ordinance of Estimates, and upon the 
 written requisition, supported by proper vouchers of tl;e Chair- 
 man of said Commission, or of the chairman pro tempore of said 
 Commission, countersigned by the Secretary of said Com- 
 mission, or by the secretary pro tempore of said Commis- 
 sion, either of which officers the said Commission is hereby 
 authorized to appoint, by vote or resolution, in the event of the 
 absence, sickness or other disability, for the time being, of its 
 Chairman or Secretary, respectively, the Comptroller shall 
 draw his warrants upon the City Register, payable out of such 
 appropriations from said special fund for the amounts of all 
 items of cost or expense properly chargeable upon said special 
 fund, but said bonds or stock shall not be issued, in whole or 
 in part, unless the ordinance of the Mayor and City Council of 
 Baltimore providing for the issuance thereof shall be sub- 
 iiiittod 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 as required 
 by section 7 of Article 11 of the Constitution of ]\Iarylan(l. If 
 issued pursuant to such approval, the Commissioners of Finance 
 of the city shall issue said bonds or stock, payable at such time
 
 458 
 
 or times, not exceeding forty years, and at such rate of interest 
 as the City Council may determine, not exceeding 5 per cent. 
 Said city may make payable annually a proportion of the prin- 
 cipal of said bonds or certificates, and provide that said stock or 
 bonds may be issued in series, falling due at stated periods ; in 
 which event the Mayor and City Council of Baltimore shall 
 annually raise, by taxation, the amount required to meet such 
 interest and the proportion of the principal then payable. The 
 sinking funds of anv loans of said citv mav be invested in said 
 bonds or certificates. 
 
 1914, ch. 323, sec. 2. 
 824n. That the Sewerage Commission shall locate its sewers 
 intended for house connections in the rear of said houses when- 
 ever practicable and whenever said houses are not already other- 
 wise connected with sewers, but said Sewerage Commission may 
 locate any of said sewers in the front of said houses whenever the 
 cost to the owners of the majority of the houses to be connected 
 with said sewers in any block will be less if laid in front of 
 said houses than if laid in the rear of said houses, and it shall 
 be the duty of the Sewerage Commission to use private sewers 
 whenever suitable and whenever any of said sewers is suitable 
 and of suflicient capacity both to drain the houses connected 
 with each sewer and such other houses as may be built abutting 
 on that part of the street, alley or way in or near which said 
 sewer is located, then the said Commission shall acquire, and it 
 is hereby directed to acquire said sewer, if the same can be ob- 
 tained at a sum not exceeding fifty per cent, of what would be 
 the cost of constructing and laying a sewer of the same kind in 
 the same place, and if the same cannot be obtained, then the 
 said Commission shall not be required to acquire said sewer, 
 but said Commission may either build another sewer to take the 
 place of said private sewer, or, in its discretion, may acquire said 
 sewer for a sum not exceeding fifty per cent, of said cost, or, 
 in its discretion, may acquire said private sewer by condemna- 
 tion in the method provided by said Chapter 349 of the Acts 
 of 1904; provided, however, that when more than one private 
 sewer shall exist in the same part of any street, alley or other . 
 way, then the said Commission shall be required to acquire, in 
 the manner and upon the terms hereinbefore set forth, only that 
 private sewer which in the opinion of said Commission will be 
 best suited for said sewerage system, and provided that when- 
 ever any private sewer has been built since the passage of said 
 Chapter 349 of the Acts of 1904, or shall hereafter be built 
 upon any agreement with the Sewerage Commission, that said
 
 459 
 
 sewer shall thereafter be taken over by said Commission at a 
 price or on terms agreed upon, then said sewer shall be so 
 taken over by said Commission; and in the event of any disa- 
 greem.ent or dispute between the owner or owners of property 
 or properties or of private sewers, or their representatives, and 
 the said Sewerage Commission as to the location of any lateral 
 sewer or sewer intended for house connections, or the capacity, 
 location or suitableness of any private sewer, or the cost of 
 constructing and laying a sewer similar to any private sewer,, 
 then the matter shall be referred to a board composed of the 
 four city officials now constituting the Board of Public Improve- 
 ments of the City of Baltimore, under rules to be adopted by said 
 Board, and the decision of said Board as to any of said matters 
 so referred to said Board shall be final and binding on said 
 Sewerage Commission and the party or parties appealing; and 
 forty days before the work of construction of any lateral sewer 
 or sewer intended for hoiise connections shall be begun, said Sew^- 
 erage Commission shall give notice by publication in three or 
 more of the daily newspapers of Baltimore City of the general 
 location of said sew'er, and any property owner or other person 
 interested in the location of said sewer or in any private sewer 
 intended to be used or which might be used in connection with 
 or instead of the intended sewer, may, within ten days after 
 the first publication of said notice, apply to said Sewerage Com- 
 mission for detailed information as to the location and construc- 
 tion of said sewer, and as to what, if any, private sewers are 
 intended to be used, and said person may, within said ten days, 
 protest in writing to said Sewerage Commission against any 
 part of the proposed plan of said sewer, and thereupon said 
 Sewerage Commission, at some time within a period beginning 
 ten days after said first publication and ending twenty davs 
 after said publication, shall make its determination in writing 
 with reference to said protest, which determination shall be 
 open to public inspection ; and any person who has thus pro- 
 tested, or any other person interested in said determination may, 
 within a period beginning twenty days after said first publica- 
 tion and ending thirty days after said first pnblication, a])peal 
 in writing to a board composed of the four city officials, now 
 constituting the Board of Public Improvements, against said 
 determination of said Sewerage Commission with reference to 
 said protest, and said Board so composed, within ;i pci-iod 
 ])eginning thirty days after said first pnblication iind ending 
 forty days after said first publication, sliiill ninkc its decision 
 witli reference to said pi'otcst, whidi decision, as above men-
 
 460 
 
 tioiied, shall be final and binding upon said Sewerage Com- 
 mission and the party or parties appealing or protesting. 
 
 SHEKIFFS FEES. 
 
 p. L. L., (1888) Art. 4, sec. 799 A. 1892, cb. 406. 
 
 825. The Sheriff of Baltimore City shall hereafter receive 
 for the services hereinafter recited, fees as follows : 
 
 For serving an attachment of contempt and return, one dollar 
 and fifty cents. 
 
 For an arrest on warrant and return in criminal cases, one 
 dollar. Deale v. Estep, 3 Bland 435. 
 
 STOCKS, LOANS AND FK^ANCE. 
 
 1886, eh. 509. P. L. L., (1888) Art. 4, sec. 805. 
 
 826. The Mayor and City Council of Baltimore are auth- 
 orized and empowered to endorse the bonds of the Baltimore 
 and Eastern Shore Railroad Company to the extent of ten 
 thousand dollars per mile of said railroad, as the same is 
 completed ; provided, that no such endorsement shall be made 
 until an ordinance of the Mayor and City Council of Baltimore, 
 authorizing and directing the same, and the terms and condi- 
 tions, and mode and manner of making said endorsement shall 
 have been submitted to the legal and qualified voters of the 
 City of Baltimore, at such time and place as may be fixed by 
 said ordinance, to be approved by a majority of votes cast at such 
 time and place; provided further, that the aggregate amount of 
 such endorsements shall not exceed the sum of five hundred 
 thousand dollars, and that the bonds so endorsed shall be secured 
 by first mortgage on the property and franchises of said Balti- 
 more and Eastern Shore Railroad, shall bear interest at a rate 
 not exceeding three and one-half per cent, per annum ; and pro- 
 vided further, that before the said ordinance shall be passed 
 by the Mayor and City Council of Baltimore, or submitted to 
 the voters of said city, the propriety of making said endorse- 
 ment shall receive the approval and endorsement of the Board 
 of Trade of the City of Baltimore, of the Corn and Flour Ex- 
 change, of the Merchants and Manufacturers' Association of 
 said Baltimore City, and of the Merchants and Manufacturers' 
 Association of Old Town, expressed by a majority vote of said 
 associations, respectively, and duly certified to the Mayor and 
 City Council of Baltimore. 
 
 The following loans have been authorized by Acts of Assembly and 
 approved by the people since the enactment of the new Charter : — 
 (1) Western Maryland Refunding Loan, Act 1S9S, ch. 210, author-
 
 4G1 
 
 izing issue of stock to amount of $1,875,000 to extinguish certain mort- 
 gage bonds maturing January 1. 1900, and an issue of $1,000,000 of stock 
 loaned said railroad, maturing January 1, 1902. -See also. Act 1900, ch. 
 280, ratifying Ord. 32, February 8, 1900. 
 
 (2) Public Improvement $6,000M0 Loan, Act 1898, ch. 361. ratifying 
 and confirming Ord. 100. October 7, 1892, authorizing an issue of six 
 million dollars of registered bonds of the City of Baltimore for the pur- 
 poses set out in said ordinance. 
 
 (3) Refunding Loan for $4,300,000, to redeem certain loans named 
 in Act 1898, ch. 373. authorizing said refunding loan. 
 
 (4) Conduit Loan for $1,000,000, Act of 1902, ch. 246. 
 
 (5) Water Loan for $1,000,000, Act 1902. ch. 333. 
 
 (6) Annex Improvement Loan for $2,000,000, Act. 1904. ch. 274. 
 
 (7) Park Improvement Loan for $1,000,000, Act 1904. ch. 338. 
 • (8) A'etf Scn-erage System for $10,000,000, Act 1904, ch. 349. 
 
 (9) Burnt District Improvement Loan, Acts 1904, ch. 444, and 1904. 
 ch. 468. authorizing issue of $6,000,000 of City Stock to defray expenses 
 of improvements in the Burnt District. 
 
 See, omnibus ordinance relating to City loans. City Code, 1906, Art. 
 34. sec. 19. 
 
 (10) Fire Engine House Loan for $1,000,000, Act 1906. ch. 467i^. 
 
 (11) Conduit Loan for $1,000,000, Act 1908, ch. 165. 
 
 (12) Civic Centre and Park Loan for $3,000,000, Act 1908, ch. 188. 
 (Has not been submitted to people.) 
 
 (13) Additional Burnt District Improvement Loan for $1,000,000. 
 Act 1908, ch. 247. 
 
 (14) Water Loan for $3,000,000, Act 1908, ch. 214. 
 
 (15) Additional Annex Improvement Loan for $2,500,000, Act 1910. 
 ch. 736. 
 
 (16) Additional New Sewerage System Loan for $10,000,000, Act 
 1910. ch. 630. 
 
 (17) Poliee Station House Loan for $1,000,000. Act 1910, ch. 570. 
 (Has not been submitted to people.) 
 
 (18) General Fund Bond Loan for $3,000,000. Act 1910. ch. 549. 
 
 (19) Harbor Improvement Loan for $5,000,000. Act 1910. ch. 485. 
 (Has been approved l)y the people to the extent $3,500,000; see Ordi- 
 nance No. 557. approved June 13. 1910. and Ordinance No. 518, approved 
 October 3, 1914.) 
 
 (20) Jones Falls Improvement Loan for $1,000,000, Act 1910, ch. 110. 
 
 (21) School House Loan for $1,500,000. Act 1910, ch. 92. 
 
 (22) Additional Conduit Loan for $2,000,000, Act 1912. ch. 27. 
 
 (23) Additional New Sewerage Improvement Loan for $3,000,000, Act 
 1914. ch. 323. 
 
 (24) Contagious Diseases Hospital Loan for $750 000, Act 1914, ch. 
 722. (Has not been submitted to the people.) 
 
 CIVIC CENTRE A^Tf PARKS. . 
 
 1908. ch. 188. sec. 1. 
 826;i. Tliiit the Mayor and City Council of Baltimore is 
 herc'l)v authorized to issue its stock to an amount not exceed- 
 ing tliree millions of dollars, said stock to he issued from time 
 to time, as the Alayor and City C\)un('il <tf P>altinior(> may by
 
 462 
 
 ordinance prescribe, and to be issued in such amounts, and to be 
 payable at such time and to bear such rate of interest as the 
 Mayor and City Council of Baltimore shall by ordinance pro- 
 vide. The proceeds of said stock are to be used for the pur- 
 chase of lands and interests therein for the extension of the 
 park system of Baltimore, for the acquisition and establishment 
 of a civic centre, or central square, or squares or district, and 
 for the estalDlishment and for construction of boulevards, or 
 parked ways, to constitute a part of the park system of the City 
 of Baltimore, and to be under the jurisdiction of the Board of 
 Park Commissioners of Baltimore, or other boulevards or park- 
 ways, and for the purpose of developing and improving said 
 park system to such amount as the Mayor and City Council of 
 Baltimore may by special ordinance or ordinances or by the an- 
 nual ordinance of estimates prescribe. But said stock shall not 
 be issued, in whole or in part, unless the ordinance of the Mayor 
 and City Council of Baltimore providing for the issuance there- 
 of shall be submitted to the legal voters of the City of Balti- 
 more, 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 as required by section 7, Article 11, of the Constitution 
 of Maryland. 
 
 190S, ch. 188, sec. 2. 
 826b. The Mayor and City Council of Baltimore is hereby 
 authorized to delegate to the Board of Park Commissioners of 
 the City of Baltimore, by special ordinance or by the annual 
 ordinance of estimates, the power to acquire by gift, purchase, 
 lease, whatever the duration of the lease, or other like methods 
 of acquisition, or by arbitration, or by condemnation, any land, 
 or improvements situate wholly without or wholly or partly 
 within the City of Baltimore, or any interest, individual, rail- 
 way or other corporate franchise, right, easement or privilege 
 therein, which may be required for the purpose of extending 
 said park system, establishing and constructing said boulevards 
 and parkways, acquiring and establishing a civic centre, or 
 central square, or squares, or district, and extending the park 
 system of Baltimore City ; and provided, further, that w4ien 
 and so often as resort shall be had to condemnation proceed- 
 ings under this Act, the procedure, so far as the acquisition by 
 condemnation of any land or property or thing situated within 
 the City of Baltimore, or any interest, franchise, easement, right 
 or privilege therein is concerned may, in any case or cases, at 
 the option of the Mayor and City Council of Baltimore, be such 
 as may now, or at any time hereafter be provided for by any
 
 403 
 
 lawful ordinauce or ordiuances of the Mayor and City Council 
 of Baltimore, adopted pursuant to the powers conferred upon it 
 by section 6 of Article 4, entitled ''City of Baltimore," of the 
 Code of Public Local Laws of Maryland, title ''General 
 Powers," sub-title ''Condemnation of Property," for the con- 
 demnation of land or property or interests therein for the munic- 
 ipal needs of the City of Baltimore, or such as may be provided 
 for the very purpose by any lawful special ordinance or ordi- 
 nances of the Mayor and City Council of Baltimore, which said 
 lawful special ordinance or ordinances the said Mayor and City 
 Council of Baltimore is hereby duly authorized to adopt, pro- 
 vided that in every such special ordinance provision is made for 
 reasonable notice to the o^^^ler or owners, and for appeals to the 
 Baltimore City Court, including the right of appeal to the 
 Court of Appeals by any person interested, including the Mayor 
 and Citv Council of Baltimore, from the decision of the com- 
 missioners or other persons appointed to value any such land, 
 property or thing, or interest, franchise, easement, right or privi- 
 lege therein ; but so far as the acquisition by condemnation of 
 any land, or property or thing situated within Baltimore County, 
 or within any other county of this State, or of any interest, 
 franchise, easement, right or privilege therein is concerned, the 
 procedures shall be marked out by section 6 of Article 4, entitled 
 "City of Baltimore," of the Code of Public Local Laws of 
 Maryland, title "General Powers," sub-title "Water, 
 
 5> 
 
 1908, ch. 188, sec. 3. 
 826c. The Mayor and City Council of Baltimore is hereby 
 authorized and empowered to delegate to the Board of Park 
 Commissioners the power to expend such portion of the pro- 
 ceeds arising from the sale of said stock as it may by special 
 ordinance or ordinances, or by the annual ordinance of esti- 
 mates, determine, in construction of said boulevards or park 
 ways, and of all needed foundations or sub-structures for said 
 boulevards or park ways, and in the development and improve- 
 ment of the park system of Baltimore as it now exists or may 
 hereafter be extended. 
 
 1908, ch. 188, sec. 4. 
 826(1. In the event the duty of acquiring additional lands or 
 interests therein for the purposes specified in section 1 of this 
 Act is imposed on the Tjoard of Park Commissioners, the said 
 flavor iiid City Council is empowered to make special com- 
 pensation to the president or to all the membei-s of tlie Board 
 of Park Commissioners for the additional duties imposed on
 
 4G4 
 
 them in making the acqnisition of the said property, said com- 
 pensation to be tixed by special ordinance or by the annual 
 ordinance of estimates, 
 
 1908, ch. 188, sec. 5. 
 
 826e. In developing and improving any land acquired as 
 
 aforesaid, the Mayor and City Council of Baltimore shall be 
 
 free from restrictions created by Chapter 158 of the Acts 
 
 of the General Assembly of Maryland, approved March 28, 
 
 1906. 
 
 1908, ch. 188, sec. 6. 
 
 826f. The interest on the loan authorized by this Act, and 
 the sinking fund for the redemption of the said loan shall be 
 taken out of the receipts from the park tax on the street railway 
 companies of Baltimore City, or from the proceeds of the gen- 
 eral tax levy as by ordinance of the Mayor and City Council 
 of Baltimore may be provided. 
 
 CONTAGIOUS DISEASES HOSPITAL. 
 
 1914, ch. 722, sec. 1. 
 826g. That the Mayor and City Council of Baltimore be 
 and is hereby authorized to issue its stock to an amount not ex- 
 ceeding Seven Hundred and Fifty Thousand ($750,000.00) 
 Dollars, to be issued from time to time in such amounts and 
 payable at such time and bearing such rate of interest as the said 
 Mayor and City Council of Baltimore shall by ordinance pre- 
 scribe. The proceeds of said issue to be used to provide a hos- 
 pital for contagious diseases, but said stock shall not be issued 
 in whole or in part unless the ordinance of the Mayor and City 
 Council of Baltimore providing for the issuance thereof shall 
 be submitted to the legal voters of said city at such time and 
 place as may be fixed by said ordinance, and be approved by a 
 majority of the votes cast for and against said ordinance at 
 such time and place as required by section 7 of Article 11 of 
 the Constitution of Maryland. 
 
 ELECTKICAL COMMISSIOK 
 
 1902, ch. 246. 
 826h. The Mayor and City Council of Baltimore be and 
 it is hereby authorized to issue its stock to an amount not ex- 
 ceeding one million dollars ($1,000,000), to be issued in such 
 amount or amounts, and payable at such time, and bearing such 
 rate of interest as the said Mayor and City Council of Balti- 
 more shall by ordinance prescribe. The proceeds of said issue 
 to be used to provide extensions to the underground conduits
 
 465 
 
 built under the direction of the Electrical Commission in said 
 city, said extensions to be made in accordance with authority 
 vested in said Electrical Commission by Ordinances lOG, 107 
 and 108 of the Ordinances of the Mayor and City Council of 
 Baltimore, by virtue of the provisions of Chapter 200 of the 
 Acts of Assembly of Maryland enacted during the session of the 
 vear 1892, but said stock shall not be issued unless the ordi- 
 nance providing for the issue of said stock shall be approved by 
 a majority of the legal voters of said city cast at some time and 
 place to be fixed by said ordinance in a provision for submitting 
 the same to the legal voters of said city, as required by section 
 7 of Article 11 of the Constitution of this State. 
 
 1908, ch. 165. 
 8261i-l. That the Mayor and City Council of Baltimore be 
 and it is hereby authorized to issue its stock to an amount not 
 exceeding one million dollars ; said stock to be issued from time 
 to time as the Mayor and City Council of Baltimore, shall, by 
 ordinance, provide, and to be issued for such amounts, and to 
 be payable at such times, and to bear such rate of interest as the 
 Mayor and City Council of Baltimore shall, by ordinance, pro- 
 vide ; and the proceeds thereof to be used for the purpose of pro- 
 viding extensions to the underground conduits and their appur- 
 tenances, including distributing poles built under the direction 
 of the Electrical Commission in said city ; said extensions to be 
 in accordance with the authority vested in said Electrical Com- 
 mission by ordinances Nos. lOG, 107 and 108 of the Mayor and 
 City Council of Baltimore, approved August 25, 1898, and all 
 amendments thereof or supplements thereto, passed by virtue 
 of the provisions of Chapter 200 of the Acts of Assembly of 
 Maryland, enacted during the session of the year 1892, but 
 said stock shall not be issued in whole or in part unless the 
 ordinance of the Mayor and City Council of Baltimore provid- 
 ing for the issuance shall be submitted to the legal voters of 
 Baltimore at such time and place as may be fixed by said ordi- 
 nance, and be approved by a majority of the votes cast at such 
 time and place as required by section 7 of Article 11 of the 
 Constitution of Maryland. 
 
 1912, ell. 27, sec. 1. 
 
 826i. That the Mayor and City Council of Baltimore be and 
 it is hereby authorized to issue its stock to an amount not ex- 
 ceeding two million dollars; said stock to be issued from time 
 to time as the Mayor and City Council of IJaltimore shall by 
 ordinance provide, and to be issued for such amounts and to 
 Ix' j»;iy;il)le at such times, and to bear sucli \-\\\v of interest as
 
 46G 
 
 the Mayor and Citv Council of Baltimore shall by ordinance 
 provide; and the proceeds thereof to be used for the purpose of 
 providing extensions to the underground conduits and their ap- 
 purtenances, including distributing poles built under the direc- 
 tion of the Electrical Commission in said city; said extensions 
 to be in accordance with the authority vested in said Electrical 
 Commission by Ordinances Nos. 106, 107 and 108 of the 
 Mayor and City Council of Baltimore, approved August 25, 
 1898, and all amendments thereof or supplements thereto, 
 passed by virtue of the provisions of Chapter 200 of the Acts 
 of Assembly of Maryland enacted during the session of the 
 year 1892, but said stock shall not be issued in whole or in part 
 unless the ordinance of the Mayor and City Council of Balti- 
 more providing for the issuance thereof, shall be submitted to 
 the legal voters of Baltimore at such time and place as may 
 be fixed by said ordinance, and be approved by a majority of the 
 votes cast for and against said ordinance at such time and place 
 as required by section 7 of Article 11 of the Constitution of 
 Maryland. 
 
 HARBOE, DOCKS AI^D WHARVES. 
 
 1910, ch. 485, sec. 1. 
 826]. That the Mayor and City Council of Baltimore be and 
 it is hereby authorized to issue the stock of the said corporation 
 to an amount not exceeding five million dollars ($5,000,000) ; 
 said stock may be issued all at the same time pursuant to the 
 same ordinance, or the same may be issued from time to time 
 in separate issues of such respective amounts, and such respec- 
 tive issues shall be payable at such respective dates and shall 
 bear such rate of interest, respectively, as the Mayor and City 
 Council of Baltimore shall in each case, by ordinance, pre- 
 scribe; and the power to issue said stock to the full amount 
 aforesaid shall not be deemed to be exhausted until said full 
 amount thereof shall have been actually issued ; provided, how- 
 ever, that no part of said stock shall be issued unless, and until, 
 the said respective ordinance or ordinances of the Mayor and 
 City Council of Baltimore, providing for issuance thereof, shall 
 in each case, at such time and place as may be fixed by such 
 respective ordinance or ordinances, and be approved by majority 
 of the votes cast at such time and place, as required by section 
 7 of Article XI of the Constitution of Maryland. The Mayor 
 and City Council of Baltimore shall levy in each and every year, 
 upon all property liable to taxation in the City of Baltimore, 
 a sum sufficient to pay the interest accruing on the amount of 
 said stock so issued and outstanding and to create a sinking fund 
 sufficient, with the aid of any premiums on the sale thereof, to
 
 467 
 
 redeem said stock at the date or dates of maturity thereof, said 
 stock shall be sold and issued by the Commissioners of Finance 
 of the City of Baltimore, or by such other department, board, 
 commission or officials as may hereafter be vested with the 
 functions now exercised by the Commissioners of Finance, at 
 the best prices obtainable, in their judgment, therefor, and any 
 premium derived from the sale thereof shall constitute part of 
 the sinking fund hereinbefore provided for the redemption of 
 said stock at maturity. The residue of the money received 
 from the sale of said stock shall be turned over to the Comp- 
 troller, to be by him deposited with the City Register, and to 
 be placed to the credit of a special fund to be known as the 
 "Harbor Improvement Fund," which shall be exclusively ap- 
 plicable to the work and objects provided for by this Act, after 
 appropriations for the cost of such work shall have been duly 
 included and allowed for each year, in the usual way, in the 
 Ordinance of Estimates, then, upon the written requisitions of 
 the proper departments, sub-departments, boards, commissions 
 or officials, the Comptroller shall draw his warrants upon the 
 City Register, payable out of such appropriations from said 
 special fund, for the amounts of all items of cost or expense 
 properly chargeable upon said special fund. 
 
 1910, cb. 485, sec. 2. 
 826k. That the proceeds of the stock hereby authorized shall 
 be exclusively applicable to and used for the laying out, pro- 
 jecting, constructing and establishing of a comprehensive sys- 
 tem for the improvement of the water front of, adjacent to and 
 along, the Patapsco River and its tributaries, both within the 
 limits of the City of Baltimore; said improvements, among 
 other things, shall include: 
 
 1. The making of all such preliminary investigations, maps 
 and plans, and the doing of all such preliminary work as may 
 desirably precede the actual laying out, pi-ojection, construc- 
 tion and establishment of said improvements. 
 
 2. The laying out, projecting and adopting such systein of 
 improvement for the water front, harbor and basin as may be 
 best calculated to promote the improvements contemplated by 
 this Act, 
 
 o. The acquisition from time to time, by gift, pu rcliase, 
 lease, whatever the duration of the lease, or other mctliods of 
 acquisition, or by condemnation, of any land or property what- 
 soever, including streets, avenues, lanes or alleys, and interests, 
 franchises, ea.sements, rights and pfivileges of iiny and every 
 kind, whether within the limits of th(} City of Baltimore, which 
 may bo proper or dcsir.'iblc in conneftion with tlic ol)j('cts of
 
 4G8 
 
 this Act; and no ordinance or ordinances shall, in any case, be 
 necessary to the acceptance of any conveyance. 
 
 4. The construction and establishment of such additions to, 
 extensions of, and alterations or changes in, the public wharves, 
 docks and piers of the City of Baltimore, and the construction 
 and establishment of such new public wharves, docks and piers, 
 both within the limits of the City of Baltimore as may be proper 
 or desirable in connection with the objects and purposes of this 
 Act; and the construction and establishment thereon, or adja- 
 cent thereto, of such public warehouses, sheds, structures and 
 buildings as may be desirable or proper in connection with the 
 objects of this Act; and also the reconstruction, alteration, ex- 
 tension or change of existing bridges as may be proper or 
 desirable. 
 
 5. The laying out, opening, extending, widening, narrowing, 
 straightening, closing, grading, paving and curbing of any of 
 the streets, avenues, lanes and alleys or parts thereof, adjacent 
 to or leading to or along said water front, or leading or adjacent 
 to or along or being upon, any of the public wharves, docks and 
 piers now or hereafter to be constructed, whether such streets, 
 avenues, lanes or alleys or parts thereof may be within the 
 limits of the City of Baltimore, and the establishment and 
 fixing of the building lines thereon and the width of the side- 
 walks thereof, all as may be proper or desirable in connection 
 with the objects of this Act. 
 
 6. The widening, extending or deepening of the channels of 
 the harbor or basin of the City of Baltimore, whether within 
 the limits of said city, and the cleansing, scouring, clearing, 
 dredging or ballasting of the said harbor or basin and the said 
 channels, as well as the approaches thereto. 
 
 7. The affixing and placing of buoys or water marks at such 
 place or places in said harbor or basin, or the channels thereof 
 or the approaches thereto, as may seem desirable. 
 
 Provided, however, that this enumeration of special objects 
 and purposes shall not be taken or construed as restricting or 
 impairing, in any degree, the scope of the general objects and 
 purposes hereinbefore mentioned as contemplated by this Act. 
 
 And provided further, that none of the work contemplated by 
 this Act shall be done or executed under this Act, and none of 
 the rights and powers hereby authorized shall be exercised under 
 this Act, unless and until the plans and intentions of the de- 
 partments, sub-departments, commissions, boards or officials, 
 with respect thereto, shall have been submitted to and auth- 
 orized and approved by the Board of Estimates of the City of 
 Baltimore or by such other Board as may hereafter be vested 
 with the functions now exercised bv the Board of Estimates.
 
 469 
 
 1910, ch. 485, sec. 3. 
 8261. That the Mayor and City Council of Baltimore, 
 through the agencies hereinafter mentioned, is hereby vested 
 and clothed with full power and authority to execute and carry 
 into effect each and all of the objects and to do each and all 
 of the things provided for or contemplated by this Act as afore- 
 said, and to have and exercise each, every and all powers, and to 
 do any and all things which, by any thing short of a palpably 
 forced construction, it may deem desirable, convenient or proper 
 to further and accomplish the objects of this Act or any of 
 them; and especially is the Mayor and City Council of Balti- 
 more, acting in this respect through the agency of the Board of 
 Estimates, fully authorized and empowered, to rent, lease or 
 hire out all public wharves, docks, piers, warehouses, sheds, 
 structures and buildings, or parts thereof, or rights of user 
 thereof or therein, or space therein, upon such terms and con- 
 ditions, to such persons, firms or corporations, and for such 
 duration, as to said Board of Estimates may seem proper; and 
 any board in which the powers now exercised by the Board of 
 Estimates may hereafter be vested, shall exercise the functions 
 by this section conferred upon said Board of Estimates. 
 
 1910, ch. 4S5, sec. 4. 
 
 826m. That when and as often as resort shall be had under 
 this Act to condemnation proceedings in connection with laying 
 out, opening, extending, widening, narrowing, straightening or 
 closing of any streets, avenues, lanes or alleys or parts thereof, 
 then after the authorization and approval, as aforesaid, of the 
 Board of Estimates, such proceedings shall be instituted, pros- 
 ecuted and conducted by the Commissioners for Opening Streets 
 of the City of Baltimore, and the procedure of said Commis- 
 sioners and their rights and powers, shall be such as now or 
 hereafter may be prescribed by law in relation to their ordinary 
 duties and powers of the same nature, provided that no pre- 
 liminary notice shall, in any case, be requisite to the exorcise 
 by the said Commissioners, after the prior authorization and 
 approval of the Board of Estimates as aforesaid, of their said 
 powers under this Act ; and any commission, board, department 
 or officials in which, or in whom, the general powers are ex- 
 ercised by the Commissioners for Opening Streets, may here- 
 after be vested, shall exercise as aforesaid, the functions 
 by this section conferred upon said (commissioners for 
 Opening Streets, when and so often as resort shall be had 
 under this Act to condoTiiiKit ion in'o^-ccdings, in ciuiiiccl ion witli 
 any of the rights ;iii(l |)ovv(ts licrcby authorized of any wock 
 hereby contemplated, ofhcr tlian sndi as rchitcs to sti-ccts, ;i\('-
 
 470 
 
 nues, lanes and alleys, for which provision has just been made ; 
 in every such case the procedure, rights and powers, with respect 
 to such condemnation, shall be such as liiay now or hereafter be 
 prescribed by law with regard to tlie ordinary powers of the 
 Mayor and City Council of Baltimore for the condemnation of 
 property, except that no ordinance shall be necessary to such 
 proceedings, but the only pre-requisites thereto shall be the 
 authorization of the Harbor Board of Baltimore City, or s.uch 
 other department, sub-department, board, commission, official 
 or officials, in which, or in whom, the powers and duties now ex- 
 ercised by said Harbor Board may hereafter be vested, and 
 also the approval of the Board of Estimates or of such other 
 Board as may hereafter be authorized to exercise the functions 
 now exercised by said Board of Estimates, or the procedure, 
 rights and powers with respect to any or all condemnations auth- 
 orized by this Act may be such as may be provided for the very 
 purpose by any lawful ordinance or ordinances of the Mayor 
 and City Council of Baltimore, which said ordinance or ordi- 
 nances the Mayor and City Council of Baltimore is hereby fully 
 authorized to adopt ; provided provision is made therein for 
 reasonable notice to the owner or owners, and for appeals to the 
 Baltimore City Court, and the right of appeal to the Court of 
 Appeals, by any person interested, including the Mayor and 
 City Council of Baltimore, from the decisions of any commis- 
 sion, board, department or officials appointed to value any such 
 land or property or interest, franchise, easement, right or privi- 
 lege therein. 
 
 1910. ch. 485, sec. 5. 
 826n. That the proceedings under this Act, for the grading, 
 paving and curbing of streets, avenues, lanes or alleys, or parts 
 thereof, or of bridges or parts thereof, and for the establishing 
 and fixing of the building lines and of the width of sidewalks, 
 after the authorization and approval, as aforesaid, of the Board 
 of Estimates, shall be instituted, prosecuted and conducted by 
 such departments, sub-departments, board, commission or officer 
 of the City of Baltimore as may now or hereafter be clothed 
 with the exercise of rights and powers of a similar nature and 
 his or their procedure and rights and powers shall be such as now 
 or hereafter may be prescribed by law in respect to his or their 
 said ordinary duties and powers of a similar nature. 
 
 1910, ch. 485, sec. 6. 
 826o. That except in so far as provision is otherwise made 
 in section 3 hereof, with respect to the function of renting, leas- 
 ing and hiring out conferred upon the Board of Estimates, and 
 in section 4 hereof, with respect to condemnation in connection
 
 471 
 
 with streets, avenues, lanes and alleys, or parts thereof, and in 
 section 5 hereof, each and all of the rights and powers hereby 
 conferred shall be exercised, and the work herein provided 
 for shall be executed by the Harbor Board of Baltimore City, 
 or by any other department, sub-department, board, commission, 
 official or officials, in wdiich or in whom the powers and duties 
 now exercised by said Harbor Board may hereafter be vested, 
 subject, however, to the authorization and approval of the 
 Board of Estimates as aforesaid. 
 
 JOXES' FALLS IMPKOVEMEXT. 
 FALLSWAY. 
 
 1910, ch. 110, sec. 1. 
 826p. That the Mayor and City Council of Baltimore be and 
 it is hereby authorized and empo^vered to open, construct and 
 establish a public highway in the City of Baltimore, beginning 
 at or near the northerly end of the City Docks, and running 
 thence northerly along, adjoining or over the bed of Jones' Falls, 
 with a diversion or diversions from said Falls, and wdth con- 
 nection with streets crossing said highway, or running near it to 
 ]\It. Royal avenue, at or near its junction with Oliver street or 
 Guilford avenue, and to acquire for said purposes landed or 
 other property in the bed of said highway and adjacent thereto 
 on either or both sides thereof. 
 
 1910, ch. 110, sec. 2, 
 826(]. That before proceeding to open and construct said 
 highway, including the acquiring of property adjacent thereto, 
 the Mavor and Citv Council of Baltimore shall by ordinance 
 provide therefor, and there shall be designated upon a proper 
 plat the property, landed or other, that is to be acquired in, 
 along or adjacent to said highway. 
 
 1910, ch. 110, sec. 3. 
 
 826r. That the Mayor and City Council of Baltimore is 
 hereby authorized and empowered to delegate to the Commission 
 known as the '^Commission on City Plan," the duty and power 
 of opening, constructing and establishing said highway, and to 
 confer by ordinance on said Commission the power to condemn 
 and acquire by purchase or condemnation the lands and })i'op- 
 erty mentioned in the last |)receding section of this Act, and 
 siicli other powers possessed by said Mayor and (^ity Conncll of 
 J>altimore, relating to the laying out, opening and constrnction 
 of liighways and accjuiring projX'i'ty. landed or other, adjacent 
 thereto, as it may deem ])ropei-, including the j)owei's vested in 
 it by Chaptei- 100 of the Acts of the General Assend)ly of
 
 472 
 
 Maryland, passed at its session of the year nineteen hundred 
 
 and eight. 
 
 1910, ch. 110, sec. 4. 
 
 826s. That any landed or other property acquired under 
 the provisions of this Act, excepting lands lying in the bed 
 of said highway, may, after said highway has been laid out, be 
 sold by the Mayor and City Council of Baltimore or said Com- 
 mission, if power to make such sales be, as it may be, delegated 
 by ordinance to said Commission, for such prices, at such times 
 and on such terms as may by ordinance be provided. The 
 moneys arising from such sales are to be paid into the city 
 treasury and kept apart as a separate fund to be known, as '^Com- 
 mission on City Plan Fund'' and are to be exclusively used by 
 said "Commission on City Plan" for such public improvements 
 as may be approved by said Commission and authorized by ordi- 
 nance of the flavor and City Council of Baltimore. 
 
 1910. ch. 110, sec. 5. 
 826t. That for the purpose of providing the moneys requi- 
 site for opening, constnicting and establishing said highway, 
 and purchasing or acquiring said property, the Mayor and City 
 Council of Baltimore is hereby authorized to issue the stock 
 of the said corporation to an amount not exceeding one million 
 ($1,000,000) dollars, face value thereof, said stock to be issued 
 from time to time and to bear such rate of interest, and to 
 mature at such time or times as the Mayor and City Council of 
 Baltimore, may, by ordinance, provide; provided, however, 
 that said stock shall not be issued in whole or in part unless 
 and until an ordinance of the Mavor and Citv Council of 
 Baltimore pro^'iding for the issuance thereof shall be sub- 
 mitted to the legal voters of the City of Baltimore at such times 
 and place or places as may be fixed by said ordinance and be 
 approved by a majority of the votes cast at such time and place 
 or places as required by section 7, Article 11 of the Constitution 
 of Maryland. If issued pursuant to said approval the Mayor 
 and City Council of Baltimore shall levy in each and every year 
 upon all property liable to taxation in Baltimore City, a suffi- 
 cient sum to pay the interest on said stock and to create a 
 sinking fund sufficient, with the aid of any premium on the 
 sale thereof, to redeem said stock at maturity. 
 
 Under Act of 1910, Chapter 110. Commissioners for Opening Streets 
 may be authorized to open the Fallsway. Benefits may be assessed for 
 opening. 
 
 P. B. & W. V. Baltimore, 121 Md. 505. 
 
 No notice required before Ordinance under Act of 1910, Chapter 110. 
 Safe Deposit and Trust Company v. Baltimore. 121 Md. 523. 
 
 Under Act of 1910, Chapter 110. Loan authorized by this Act valid. 
 Bond V. Baltimore. 11(5 Md. 6S3.
 
 473 
 MUNICIPAL LIGHTING PLANT. 
 
 1900, ch. 152. 
 
 826u. The Mayor and City Council of Baltimore is hereby 
 authorized to issue its stock to an amount not exceeding one 
 million three hundred and fifty thousand dollars, to be issued 
 from time to time, in such amounts, and payable at such time 
 and bearing such rate of interest as the said Mayor and City 
 Council of Baltimore shall by ordinance prescribe. The pro- 
 ceeds of said issue to be used to provide a public lighting plant 
 to supply said city and the inhabitants thereof with light, but 
 said stock shall not be issued unless the Mayor and City Council 
 shall by ordinance determine to erect and equip such public 
 lighting plant, and unless the ordinance providing for the issue 
 of said stock shall be approved by a majority of the legal voters 
 of said city, cast at some time and place to be fixed by said 
 ordinance in a provision for submitting the same to the legal 
 voters of said city, as required by section 7 of Article XI of the 
 Constitution of this State. 
 
 This loan has not been submitted to the people. 
 
 POLICE STATION-HOUSES. 
 
 1910, ch. 570. 
 826v. That the Mayor and City Council of Baltimore be and 
 it is hereby authorized to issue stock to an amount not exceeding 
 one million dollars ; said stock to be issued from time to time 
 as the Mayor and City Council of Baltimore shall by ordinance 
 provide, and to be issued for such amounts and to be payable 
 at such time and to bear such rate of interest as the Mayor and 
 City Council of Baltimore shall by ordinance provide ; and the 
 proceeds thereof to be used for the purpose of acquiring by 
 purchase, condemnation or- otherwise, land for police station- 
 houses and other buildings for police department purposes and 
 of constructing and re-constructing police station-houses and 
 other buildings for police department purposes, but said stock 
 shall not be issued in whole or in part unless the ordinance of 
 the Mayor and City Council of Baltimore providing for the 
 issuance 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, as required by section 7 of Article 11 of 
 the Constitution of Maryland. 
 
 SCHOOLS. 
 Act of 1910, Chapter 92. 
 826\v. That tlic Mayor and City (Council of lialtimore be and 
 it is licrebv aiitliori/ed to issue its stock to an amount not vx-
 
 474 
 
 ceeding one million five hundred thousand dollars, said stock 
 to be issued from time to time as the Mayor and City Council 
 of Baltimore shall by ordinance provide; and to be issued for 
 such amount and to be payable at such time and to bear such 
 rate of interest as the Mayor and City Council of Baltimore shall 
 by ordinance provide ; and the proceeds of one million two hun- 
 dred thousand dollars thereof to be used exclusively for the 
 purpose of acquiring b}^ purchase, condemnation or otherwise, 
 land for public school buildings for the elementary schools, and 
 of constructing and reconstructing public school buildings for 
 the elementary schools; and the proceeds of three hundred 
 thousand dollars thereof to be used exclusively for the purpose 
 of acquiring by purchase, condemnation or otherwise, land for 
 public school buildings for the secondary schools and of con- 
 structing and reconstructing public school buildings for the 
 secondary schools ; but said stock shall not be issued in whole 
 or in part unless the ordinance of the Mayor and City Council 
 of Baltimore providing for the issuance thereof shall be sub- 
 mitted 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 as re- 
 quired by section 7 of Article 11 of the Constitution of ]\Tary- 
 land. 
 
 SINKING FUND BONDS. 
 
 1910, ch. 549, sec. 1. 
 826x. That the Mayor and City Council of Baltimore be and 
 it is hereby authorized to issue bonds, to be called ''General 
 Fund Bonds,'' in an amount not exceeding three million dollars 
 ($3,000,000), for the purpose of investing therein certain parts 
 of the revenues and income of the various sinking funds created 
 for the redemption at maturity of the various outstanding cer- 
 tificates of indebtedness and stock issued by the Mayor and City 
 Council of Baltimore : but said bonds shall not be issued in 
 whole or in part unless the ordinance of the Mayor and City 
 Council of Baltimore providing for the issuance thereof shall be 
 submitted to the legal voters of the City of Baltimore at sucli 
 time and place as may be fixed by said ordinance and shall be 
 approved by a majority of the votes cast at such time and place 
 as required by section 7 of Article 11 of the Constitution of 
 Maryland. 
 
 1910. ch. 549, sec. 2. 
 
 826y. That the "General Fund Bonds" hereby authorized 
 
 to be issued shall be obligations of the City of Baltimore, like 
 
 other bonds and stock of said city, and shall be subject to all 
 
 provisions of law applicable to corporate bonds and stock of the
 
 475 
 
 City of Baltimore which are not inconsistent with the provi- 
 sions of this section. The faith and credit of the City of l>alti- 
 more is hereby pledged for the fulfillment of all the obligations 
 created by the "General Fund Bonds." The Commissioners 
 of Finance in the year nineteen hundred and eleven, and in each 
 and every year until the maturity of all certificates of indebted- 
 ness, bonds and stocks heretofore issued by the city, shall set 
 apart out of the revenues and income of each sinking fund, 
 except the income and accumulation thereof derived from 
 assets held by said sinking fund on the first day of January, 
 nineteen hundred and eleven, and except also the income and 
 accumulation thereof derived from the amount to be thus an- 
 nually set apart, a sum which, with the accumulation of interest 
 thereon, together with the assets of such sinking fund and the 
 earnings and accumulations thereof, shall be sufiicient to redeem 
 at maturity all said certificates, bonds or stock redeemable from 
 said fund. As soon as convenient, before the meeting of the 
 Council in the year nineteen hundred and ten, held for the 
 purpose of considering the Annual Ordinance of Estimates, and 
 thereafter at least five weeks before such annual meeting in every 
 year for such purpose, the Commissioners of Finance may, 
 in their discretion, certify to the Board of Estimates the amount 
 estimated by the said Commissioners of Finance as income 
 from all sources from each of said sinking funds during the then 
 calendar year, and the amount required by this section to be set 
 apart for such calendar year out of such revenues and income 
 for the redemption of certificates, bonds or stock to which said 
 fund is pledged. If in any year the estimated amount of 
 revenues or income of any sinking fund or funds, excepting the 
 income and accumulation thereof derived from the assets held 
 by such fund on the first day of January, nineteen hundred and 
 eleven, and from the amounts annually set apart for the re- 
 demption of certificates, bonds and stocks as by this section re- 
 quired, shall exceed the amount required to be set apart in 
 such year as in this section provided, the Commissioners of 
 Finance may, in their discretion, at the time of making and cer- 
 tifying to the Boai'd of Estimates, determine to inv(!st the whole 
 or any part of such excess in "General Fund lionds" for account 
 of such sinking fund or funds; but such investment shall not 
 be made in any year until the amount required by this section to 
 be set apart for such year, as provided herein, shall have been 
 so set apart, "^riio Commissioners of Finance sliall tlien notify 
 the City Kcgister of the amount or amounts, if any, which it 
 has been determined to invest in "General Fund Bonds" during 
 the current year; the City Register, upon their oi-dcr and upon
 
 476 
 
 receipt of the money thus to be invested, shall issue and deliver 
 to the Commissioners of Finance for account of said fund, 
 "General Fund Bonds," of the face value of the money re- 
 ceived; and shall forthwith pay into the City Treasury the 
 money thus received which shall be deemed to be a part of the 
 general fund and be used for the reduction of taxation. "Gen- 
 eral Fund Bonds" shall be issued to the Coimnissioners of 
 Finance only, except as hereinafter in this section expressly 
 provided, for account of the sinking funds. They shall bear 
 interest, payable from taxation, at the rate of not more than 
 four per centum per annum, and shall be due and payable at 
 such time as shall be determined by the Mayor and City Coun- 
 cil of Baltimore, but not earlier than the year nineteen hundred 
 and lifty-five, and shall in all respects, except as in this section 
 otherwise expressly provided, be like other corporate bonds and 
 stocks of the city. The rights, powers, duties and obligations 
 of the Commissioners of Finance in respect to said "General 
 Fund Bonds," shall be the same in all particulars, except as in 
 this section otherwise expressly provided, as with respect to all 
 other corporate bonds and stocks of said city, in said sinking 
 fund. When any issue of certificates of indebtedness, bonds or 
 stocks, matures and is paid, all "General Fund Bonds" in 
 the sinking fund securing said issue shall be immediately can- 
 celled. If in any year it shall appear to the Commissioners 
 of Finance that the revenues and income of any sinking fund 
 will be insufficient to provide the sum by this section required 
 to be set apart in said year, the said Commissioners of Finance 
 may, in their discretion, notify the Board of Estimates, and 
 upon the written request of the Commissioners of Finance, the 
 said Board shall include in the annual budget for the next 
 ensuing year a sum sufficient, when added to the amount of 
 the estimated revenues and income for that year, to make good 
 the deficiency; and the Council shall have no power to reduce 
 or reject any such appropriation. If at any time it shall be 
 necessary, in order to provide for the redemption of any issue 
 of certificates of indebtedness, bonds or stocks, redeemable from 
 any sinking fund, the Commissioners of Finance may purchase 
 from such sinking: fund for account of anv other sinking fund, 
 or may sell at public sale to the highest bidder, such amount of 
 "General Fund Bonds" then held by said first-named sinking 
 fund as may be necessary for that purpose. Whenever such 
 "General Fund Bonds" are sold to other sinking funds of this 
 city, or at public sale, there shall be raised annually by taxa- 
 tion and paid into a special sinking fund a sum which, with the 
 accumulation of interest thereon, shall be sufficient to redeem 
 the bonds so sold at maturitv ; but no annual sum shall be raised
 
 477 
 
 for the redemption at maturity of the principal of any other 
 "General Fund Bonds." 
 
 WATER SUPPLY IMPROVEMENT. 
 
 1908, ch. 214, sec. 1. 
 826z. That the Mayor and City Council of Baltimore be and 
 it is hereby authorized and empowered to convert the entire 
 valley or basin of the Gunpowder River, in Baltimore County, 
 and its dependencies, or so much thereof as may be necessary 
 for the purposes of this Act, from the present dam, at the lower 
 end of Loch Raven, in said county, to the upper end of the 
 village of Phoenix, in said county, or to such point above said 
 village as may be necessary or proper for the purposes of 
 this Act, into a reservoir or basin for augmenting and improv- 
 ing the municipal water supply of the City of Baltimore ; to 
 create, establish and maintain said reservoir or lake and its 
 appurtenances, and to conduct the waters of said reservoir or 
 lake, along such route, or routes, and in such manner, and by 
 such instrumentalities and means, as may be necessary or 
 proper fgr the purposes of this Act, including such works, and 
 their appurtenances at Lake Roland, and at or near Baltimore 
 City, as may be necessary or proper for the purposes of this Act, 
 to the City of Baltimore and its environs for the use of said city, 
 and of its inhabitants, and of such other persons as may now 
 or hereafter be lawfully furnished with water by said city, to 
 utilize, appropriate, divert, deflect, straighten, riprap, or other- 
 wise modify or control, for the purposes of this Act, all springs, 
 brooks, creeks, rivulets, rivers or other water courses, tributary 
 (or capable of being rendered tributary) to, or obstructive of, 
 the purposes of this Act; to create, establish, set apart and 
 maintain, regulate and protect, afforest or otherwise improve 
 water sheds and reservations along, and to such full extent of 
 adjacency as may be necessary for the purposes of this Act, 
 adjacent to the waters of said reservoir or lake, for securing 
 a pure, copious, and constant flow of water into said reservoir or 
 lake, to create, establish and maintain, construct, erect, lay, lay 
 out and employ all such dams, walls, bulkheads, dykes, inlets, 
 waste ways, water gates, bridges, tunnels, aqueducts, water 
 ways, conduits, culverts, drains, mains, pipes, settling or other 
 reservoirs, lakes, basins or ponds, power houses, pump houses 
 or other buildings, structures or erections, roads, ways, ap- 
 proaches, appurt(>nances, agencies, instrumentalities or means, 
 as may Ixi necessary or proper, for the purposes of this Act, in- 
 cluding all instrumentalities or means for diverting, deflecting, 
 disposing of, controlling, collecting, confining, impounding.
 
 478 
 
 storing, protecting, clarifying, purifying, transmitting or dis- 
 tributing, or otherwise handling, water that may be necessary or 
 proper for the purpose of promoting or securing the full working 
 efficiency and utility of said reservoir, or lake for the objects for 
 which it is intended by this Act ; to incorporate with said reser- 
 voir or lake and its appurtenances, for the purposes of this Act, 
 all, or any part, or parts of Loch Raven and its appurtenances 
 or environs, or all or any part, or parts, of Lake Roland and its 
 appurtenances or environs, to utilize, extend, enlarge, reinforce, 
 adapt, reconstruct, alter, re-equip or repair, for the purposes 
 of this Act, or for other purposes affecting the municipal water 
 supply of Baltimore City, all, or any part, or parts, of the 
 present water system of Baltimore City and its appurtenances ; 
 to appoint or employ such professional or technical advisers 
 and experts and such agents, assistants, clerks, employes, in- 
 cluding all members of the police service hereinafter mentioned, 
 and laborers, skilled or unskilled, of all kinds, as it may deem 
 requisite for the due and proper execution of this Act, and to 
 fix their respective compensations, and to remove and discharge 
 them at its pleasure (except such highly trained, experienced or 
 skilled individuals as it may appoint or employ upon special 
 terms for definite and fixed periods of time) and to exact from 
 them such indemnity bonds for the proper performance of their 
 respective duties as it may deem proper ; to purchase, hire or 
 otherwise lawfully obtain the use of all such machinery, appa- 
 ratus, tools, implements, appliances, supplies, materials and 
 working agencies as it may need for the purposes of this Act ; 
 to make and enter into any and all contracts, agreements or 
 stipulations germane to the scope of its powers under this Act ; 
 to make all such preliminary surveys and investigations, and to 
 do all such preliminary work under this Act as it may be 
 advised shall be necessary or proper for the purposes of this 
 Act ; to acquire by gift, purchase, arbitration, exchange, lease, 
 whatever the duration of the lease, or other like methods of 
 acquisition, or by condemnation, any land or property, public, 
 quasi public, or private, situated wholly or partly in Baltimore 
 County or in Baltimore City, or situated wholly or partly in 
 Anne Arundel County or in any other county of this State, or 
 any interest, franchise, easement, right or privilege therein, 
 which may be required for any of the purposes of this Act, 
 including springs, brooks, creeks, rivulets, rivers or other water 
 courses, mills, factories, and industrial plants of every descrip- 
 tion and their appurtenances, workshops, stores, farm buildings, 
 structures, and erections, churches, grave yards, school houses, 
 or other school property, dwelling houses, out houses, bridges.
 
 479 
 
 streets, alleys, roads, and ways, and all other buildings, struc- 
 tures, erections, or improvements of every description, on, over, 
 or under, land, or other property, or any interest, franchise, 
 easement, right or privilege therein, and in like manner to 
 acquire any corporate franchises or any other thing including 
 earth, timber, stone, or other materials, or places of temporary 
 or permanent deposit for excavated material or other like facili- 
 ties for effectuating the objects of this Act, of any sort that 
 may be required for the purposes of this Act ; and generally to 
 do and perform all and every svich acts or things which, by any- 
 thing short of a palpably forced construction, could be held 
 to be auxiliary or conducive to the proper exercise of any, or 
 all, of the powers by this Act conferred upon the Mayor and 
 City Council of Baltimore, or to the eifective accomplishment of 
 the leading purpose of this Act, namely, the collection, accumu- 
 lation and maintenance of an ample supply of water in said 
 main reservoir or lake, and its transmission and distribution in 
 as abiindaiit, clear, piu*e, healthful, convenient and satisfactory 
 a character as possible to the City of Baltimore, and its inhabi- 
 tants, and such other persons as may now or hereafter be law- 
 fully supplied with water by the City of Baltimore for its and 
 their uses. The title acquired by condemnation, or otherwise, 
 by the Mayor and City Council of Baltimore, under this Act, 
 for the purposes thereof, shall, as to land, or other property, 
 or things required for said main reservoir or lake, or for sub- 
 sidiary reservoirs, lakes, ponds or basins, or for said water 
 sheds or reserves, or for surface buildings, erections, struc- 
 tures, works or things of a permanent character, involving the 
 idea of exclusive use and occupation by the Mayor and City 
 Council of Baltimore, be in fee simple, but may, as to land, or 
 other property, or things, required for other purposes under 
 this Act, be in fee simple, or limited to some lesser quantum 
 of interest, in point of estate, or duration, accordingly as the 
 Mayor and City Council of Baltimore may determine. 
 
 1908, ch. 214, sec. 2. 
 826aii. Thiit tlic County Commissioners of IJaltimore Coun- 
 ty, or of any other county, whose interests in any respect may 
 become involved in the execution of this Act, or any part or 
 parts thereof, or any body politic, quasi-public corporation, 
 turnpike company, or private corporation, whose interest in 
 any respect may jaecome involved in the execution of this Act, 
 or any y)art, or parts, thereof, shall be, and is, or are hereby 
 authorized and empowered, anything in the terms of their or its 
 chartered existence or powers, to the contrary notwithstanding, 
 to enter into all sudi contracts, agreements, stipulations or ar-
 
 480 
 
 rangemcnts, deeds, conveyances or transfers with the Mayor 
 and City Conncil of Baltimore as may be necessary or proper 
 for the purposes of this Act, or any of them. 
 
 1908, ch. 214, sec. 3. 
 826bb. That, when and so often, as resort shall be had to 
 condemnation proceedings under this Act, the procedure, so 
 far as the acquisition by condemnation of any land or property 
 or thing situated within the City of Baltimore, or any interest, 
 franchise, easement, right or privilege therein is concerned, 
 may, in any case, or cases, at the option of the Mayor and City 
 Council of Baltimore, be such as may now, or at any time here- 
 after, be provided for by any lawful general ordinance, or 
 ordinances of the Mayor and City Council of Baltimore, 
 adopted pursuant to the powers conferred upon it by section 
 6 of Article 4, entitled ''City of Baltimore," of the Code of 
 Public Local Laws of Maryland, title "General Powers," sub- 
 title "Condemnation of Property," for the condemnation of 
 land or property or interest therein for the municipal needs of 
 the City of Baltimore, or such as may be provided for the very 
 purpose by any lawful special ordinance or ordinances of the 
 Mayor and City Council of Baltimore ; which said lawful spe- 
 cial ordinance or ordinances, the said Mayor and City Council 
 of Baltimore is hereby duly authorized to adopt ; provided, that, 
 in every such special ordinance, provision is made for reasona- 
 ble notice to the owner or owners, and for appeals to the Balti- 
 more City Court, including the right of appeal to the Court 
 of Appeals by any person interested, including the Mayor and 
 City Council of Baltimore, from the decision of the commis- 
 sioners or other persons appointed to value any such land, prop- 
 erty or thing, or interest, franchise, easement, right or privi- 
 lege therein ; but so far as the acquisition by condemnation 
 of any land, or property, or thing situated within Baltimore 
 County, or within any other county of this State, or of any 
 interest, franchise, easement, right, or privilege therein is 
 concerned the procedure shall be that marked out by section 6 
 of Article 4, entitled "City of Baltimore," of the Code of 
 Public Local Laws of Maryland, title "General Powers," sub- 
 title "Water," but nothing in this Act is to be taken as de- 
 priving the Mayor and City Council of Baltimore, of any 
 powers of condemnation now vested in it by law not inconsistent 
 with the provisions of this section. 
 
 1908, ch. 214, sec. 4. 
 826cc. Except as hereinafter provided, that all work done 
 or supplies or materials purchased, in carrying out the pur- 
 poses of this Act, when involving an expenditure of five hun-
 
 481 
 
 dred dollars or more shall be by contract, awarded to the lowest 
 responsible bidder, in accordance with the provisions of sections 
 14 and 15 of Article 4, entitled "City of Baltimore," of the 
 Code of Public Local Laws of Maryland, or any amendment, 
 or amendments, thereof, or supplement, or supplements, thereto. 
 
 1908, ch. 214, sec. 5. 
 826dd. That the powers, by this Act conferred upon the 
 ]\Liyor and City Council of Baltimore, are intended to be in 
 addition to, and not to be in substitution for, any power here- 
 tofore conferred by law upon it, in relation to the municipal 
 water supply of Baltimore City, except where inconsistent 
 therewith. 
 
 1908, ch. 214, sec. 6. 
 826ee. That the said ^Mayor and City Council of Baltimore, 
 shall at all times during the progress of said work, and all parts 
 thereof, at its own expense, maintain an efficient police service 
 for the purpose of preserving the public peace, protecting 
 property and preventing crime within the territory occupied 
 or used by it or its employes in the prosecution of said work, 
 or by the employes of contractors or sub-contractors engaged 
 on such work ; the officers so employed by said city, to have the 
 power to make arrests of persons offending within such terri- 
 tory anywhere in Baltimore County, or elsewhere in the State ; 
 such offenders shall be tried in Baltimore County, and in the 
 event of conviction and imposition of a jail sentence, whether 
 by the Criminal Court, or by the Justices of the Peace having 
 jurisdiction, shall be committed to the Baltimore City Jail in- 
 stead of to the county jail ; and, in all such cases, the Mayor 
 and City Council of Baltimore shall reimburse Baltimore 
 County for all costs and expenses actually incurred by it, in- 
 cluding the sum of thirty cents per day for every person com- 
 mitted for trial to Baltimore County Jail, in proceedings against 
 and the trial and commitment of, such offenders, court costs 
 to be pro-rated by the Clerk of the Circuit Court for Baltimore 
 County, upon the basis of time actually consumed in such trials 
 or other proceedings ; all such costs to be adjusted and paid 
 semi-annually. Said police service shall be subject to the super- 
 vision and direction of the marshal of the police force of Balti- 
 more County. 
 
 1908. ch. 214, sec. 7. 
 
 826ff. Immediately upon the approval of the loan of 
 $.5,000,000, hereinafter mentioned, by the legal voters of Balti- 
 more City, but not otherwise, the Mayor and City Council nf 
 Baltimore shall pay to the ti-easurer of Baltimore County, out 
 of the proceeds of said loan, the sum of thirty-five tlioiisaiid 
 
 (16)
 
 482 
 
 dollars, in lieu, and release of, and, as full compensation for, 
 all county taxes due, or to become due, on any and all land, 
 property, or things, acquired, or held, or thereafter to be ac- 
 quired or held, by said Mayor and City Council of Baltimore, 
 under the loan hereinafter provided for and under the provi- 
 sions of this Act, or in connection with the work herein con- 
 templated, and thereafter such land, property, or things, when 
 so held or acquired by said city, shall be exempt from taxa- 
 tion for county purposes; all laws, or parts of laws, incon- 
 sistent herewith being hereby repealed to the extent of such 
 inconsistency. The object of this section is to indemnify Bal- 
 timore County against all loss in taxes, immediate or prospec- 
 tive, that may be entailed upon it by the appropriation for 
 public use, by the Mayor and City Council of Baltimore, of any 
 and all such land, property or things. 
 
 1908, ch. 214, sec. 8. 
 826gg. That the Mayor and City Council of Baltimore, in 
 building its proposed conduit from the storage lake herein 
 contemplated to the City of Baltimore, or elsewhere, shall re- 
 tain title to, and control of, all stone, suitable for said pur- 
 poses, brought to the surface, from the line of such conduit, 
 where the same is situate in Baltimore County, and shall give 
 the proper authorities of Baltimore County having charge .of 
 the roads therein, the option of purchasing so much of said 
 stone as they may require at any time during the progress 
 of such work, and for a period of five years thereafter, at a 
 price not exceeding two cents per cubic yard in the "dump ;" 
 such right being subject, however, to the city's prior right to 
 use all of said stone that it may need in the construction of 
 roads, or other works, herein provided for, as contemplated. 
 
 1908, ch. 214, sec. 9. 
 826hh. That whenever any public road, or bridge, of Balti- 
 more County shall be destroyed, or rendered impassable, in 
 whole or in part, by the City of Baltimore, in connection with 
 the work herein contemplated, it shall be the duty of said city 
 to replace the same, at its own expense, as nearly as possible, 
 with a suitable and convenient road or bridge in lieu thereof, 
 and, if any such existing public road or bridge, or any bridge 
 or road, so built in lieu of one so destroyed, be on, or through, 
 property acquired by said city for the purposes contemplated by 
 this Act, it shall be the duty of said city thereafter, at all times 
 to maintain the same in good order and repair for the free use 
 of the public, so far as the same may be on or through such
 
 483 
 
 property, subject co such provisions and conditions, looking 
 to maintaining the purity of said city's water supply, as the said 
 Mayor and City Council of Baltimore may by ordinance impose ; 
 and provided further, that the said Mayor and City Council 
 of Baltimore shall not have the power, anything in this Act, or 
 in any other Act or law to the contrary notwithstanding, to 
 condemn any such public road or bridge of Baltimore County, 
 but shall have the right to divert, alter, close or destroy any 
 public road or bridge of Baltimore County, when necessary in 
 the course of such work, only by agreement with the Highways 
 Commission of said county, or other proper authorities, having 
 the charge and control thereof, on such terms as to replacing 
 the same for the convenience of the public as may by said High- 
 ways Commission, or other proper authorities, be required; in 
 the event that said city and county authorities may not be able 
 to agree upon the terms under whi<!h said road or bridge is to 
 be altered, diverted, closed, or destroyed, or upon the location 
 or character of the highway, or bridge to replace the same, or 
 upon any other terms as to the replacing of the same, the matter 
 shall be referred to the Roads Engineer of Baltimore County, 
 for the time being, and the City Engineer of Baltimore City, 
 for the time being, who shall have plenary power to consider 
 and decide all questions in connection with such diversion, al- 
 teration, closure, or destruction of such highway or bridge, and 
 to determine where, how, and in what manner, and within what 
 time, the same shall be replaced by the said city, including the 
 right to require that said city shall build bridges over and 
 across the lake contemplated to be formed under this Act ; it 
 being in the contemplation of this Act that, under this and the 
 eleventh section of this Act, at least two such bridges shall be 
 built, at locations determined by such engineers to be the most 
 feasible and convenient for the use of the public, injuriously 
 aifectcd by the destruction or alteration of existing bridges and 
 roads, No road or bridge shall be closed or altered, in whole 
 or in part, under the provisions of this Act, until another shall 
 have been constructed and opened to the public in lieu thereof 
 as herein provided, said engineers shall have full power and 
 authority to summon, and require the attendance of, all wit- 
 nesses, in connection with their in(|uiries under this section, and 
 to require that their testimony shall be taken under the oath 
 required by law; the same to be administered by the Clerk of 
 the Circuit Court for Baltimore County, or by some Justice 
 of the Peace in and for Baltimore County. The said engineers 
 and the third person hereinafter mentioned, if tluM-e be sudi.
 
 484 
 
 shall each receive a per diem of $10 while actually engaged 
 ill work imposed or authorized by this section, the same and 
 all other reasonable expenses of said engineers, including com- 
 pensation to witnesses, at the regular rates, and the employment 
 of a secretary, if such emplo^onent be deemed necessary by 
 said engineers, to be paid by the City of Baltimore. The 
 decision of said engineers in all matters between the city and 
 Baltimore County that may devolve upon them under this sec- 
 tion shall be final and conclusive unless impeached for fraud in 
 appropriate proceedings, instituted in the Circuit Court for Bal- 
 timore County in equity, to set aside their findings on such 
 ground. Whenever said engineers may require and determine 
 that the City of Baltimore shall construct a road to replace any 
 road diverted, altered, closed or destroyed, or to be diverted, 
 altered, closed or destroyed, in the course of the work contem- 
 plated by this Act, said city shall have power to agree with the 
 o-svners of land, property, or things, to be taken or injuriously 
 affected in the construction thereof, and, in default of agree- 
 ment, to condemn the right of way under the provisions of 
 sections 1 and 3 of this Act, authorizing the condemnation of 
 property, land or things for the purposes of this Act, or may, at 
 its election, make application to the Highways Commission of 
 Baltimore County, or other proper authorities for the opening 
 or alteration of such road, in which latter event the proceedings 
 upon application shall be those prescribed by law for the open- 
 ing or alteration of roads in Baltimore County, except that no 
 land owner shall be assessed for any part of the cost thereof, 
 the whole of such cost to be borne by the City of Baltimore. 
 In the event of disagreement between the said engineers, as to 
 any matter devolved upon them by the terms of this section, 
 they shall call in as a third arbiter, a non-resident engineer, 
 skilled in the construction, or maintenance of highways, and 
 bridges, to be selected by the Governor of Maryland, on the 
 application of either of said engineers, in the event of them 
 being unable to agree on such third person, the decision of 
 any two of the board thus selected to be binding on the parties, 
 and to be final and conclusive, unless impeached for fraud as 
 aforesaid. 
 
 1908, ch. 214, sec. 10. 
 826ii. That so soon as the Mayor and City Council of Balti- 
 more shall be ready to begin work under this Act, the Roads En- 
 gineer of Baltimore County, for the time being, and the City 
 Engineer of Baltimore City, for the time being, shall, together, 
 make a careful inspection of all public roads, and portions of
 
 485 
 
 public roads, and of all bridges, of Baltimore County, certain 
 or likely, in the opinion of said Roads Engineer, to be used by 
 the Mayor and City Council of Baltimore, or its agents, or 
 contractors, for teaming, or hauling, in connection with said 
 work, and shall thereupon draw up a memorandum, in writing, 
 one duplicate whereof shall be filed and kept in the office of 
 the County Commissioners of Baltimore County, and the other 
 duplicate whereof shall be filed and kept in the office of the 
 Comptroller of Baltimore City, certifying to the precise condi- 
 tion, at that time, in point of repair in their opinion, of all 
 such roads, and portions of roads, and of all such bridges, and 
 thereafter, at regular intervals of six months, there shall be a 
 similar inspection by said officers of all such roads, and portions 
 of roads, and of all such bridges, and immediately after such in- 
 spection, said engineers shall, in like manner, draw up a similar 
 memorandum in writing, duplicates whereof shall be filed and 
 kept in like manner as aforesaid, certifying in precise terms to 
 the physical and pecuniary extent, to which, in their opinion, 
 such roads and portions of roads, and such bridges shall have 
 been injured by reason of the extra wear and tear imposed upon 
 them since the next preceding inspection, by such teaming or 
 hauling, and, in said memorandum, the pecuniary extent of said 
 injury shall be computed and set forth in dollars and cents, and, 
 so soon as said memorandum shall be signed by said engineers, 
 and filed in duplicate as aforesaid, the amount of the pecuniary 
 injury, co certified, shall at once become due and payable by the 
 Mayor and City Council of Baltimore out of the proceeds of the 
 loan hereinafter mentioned to the treasurer of Baltimore Coimt^v% 
 as a fund for the repair of such injury. In the event of disa- 
 greement between said engineers as to any matter devolved 
 upon them by the terms of this section of this Act, all the pro- 
 visions of the next preceding section of this Act, relative to 
 disagreement between said officers as to the diversion, altera- 
 tion, closure or destruction of highways or bridges of said 
 county, shall likewise be applicable to said disagreement under 
 this section. Said engineers shall have plenary power to con- 
 sider and decide all questions arising in the discharge of their 
 duties under this section, and shall have the same power to 
 summon and require the attendance of the witnesses, in con- 
 nection with their inquiries und(u" this section, and to have them 
 sworn, as is provided for in the next preceding section of this 
 Act, and they shall be allowed the same per diem, and other 
 reasonable expenses, including the same compensation to wit- 
 nesses; all to be paid by the City of Baltimore. The powers
 
 48U 
 
 and duties of the City Engineer under this section may, at 
 any time, with the consent of the Mayor of Baltimore City, be 
 delegated by him to one of his assistant engineers, or to some 
 engineer, named by the persons hereinafter charged with the 
 duty of carrying the work under this Act into execution. 
 
 1908, ch. 214, sec. 11. 
 826jj. That all powers of acquiring land, property or things, 
 for the purposes of this Act, with or without the consent of 
 the owner, or owners, hereinbefore conferred upon the Mayor 
 and City Council of Baltimore, shall include the power to 
 acquire land, property, or things, including corporate fran- 
 chises of every sort, rights, privileges, or easements, of any 
 turnpike company, or companies, proprietor or proprietors, but 
 whenever any turnpike, or toll road or bridge, the use of which 
 is now enjoyed by the people of Baltimore County, shall be 
 destroyed, or rendered impassable in whole or in part, by the 
 City of Baltimore, in connection with the work herein contem- 
 plated, it shall be the duty of said city to replace the same, at 
 its own expense, as nearly as possible with a suitable and con- 
 venient public road or bridge, in lieu thereof, and, if any such 
 existing road, or part thereof, or bridge or any road, or part 
 thereof, or bridge, so built in lieu of one so destroyed, be on, 
 or through, property acquired by said city for purposes con- 
 templated by this Act, it shall be the duty of said city there- 
 after, at all times, to maintain the same in good order and 
 repair for the free use of the public, so far as the same may be 
 on, or through, said property, subject to such provisions and 
 conditions looking to maintaining the purity of said city's water 
 supply as the said Mayor and City Council of Baltimore may 
 by ordinance impose. Such replacement shall be effected for 
 the convenience of the public upon such terms as may be agreed 
 upon between the Highways Commission of Baltimore County 
 or other proper authorities and the Mayor and City Council of 
 Baltimore. In tlie event of a disagreement between them as to 
 the location or character of the substituted road or bridge, or 
 as to any other terms of the replacement, the matter shall be 
 referred to the Roads Engineer of Baltimore County, for the 
 time being, and the City Engineer of Baltimore City, for the 
 time being, who shall have plenary power to consider and de- 
 cide all questions in connection with such replacement and to 
 determine where, how, and in what manner and within what 
 time, said replacement shall be effected by said city. No such 
 road, or part thereof, or bridge of any such turnpike company 
 or companies, proprietor or proprietors, shall be closed or
 
 487 
 
 altered, in whole or in part, nnder the provisions of this Act, 
 until another shall have been consti-ucted and opened to the 
 public in lieu thereof as herein provided. Said engineers shall 
 have full power and authority to summon, and require the at- 
 tendance of all witnesses in connection with their inquiries . 
 under this section, and to require that their testimony shall be 
 taken under the oath required by law, the same to be admin- 
 istered by the Clerk of the Circuit Court for Baltimore County, 
 or by some Justice of the Peace in and for Baltimore County. 
 The said engineers and the third person hereinafter mentioned 
 if there be such, shall each receive a per diem of $10 while 
 actually engaged in work imposed or authorized by this section, 
 the same and all the other reasonable expenses of said engi- 
 neers, including compensation to witnesses at the regular rates, 
 and the employment of a secretary, if such employment be 
 deemed necessary by said engineers, to be paid by the City of 
 Baltimore. The decision of said engineers in all matters be- 
 tween the city and Baltimore County, that may devolve vipon 
 them under this section, shall be final and conclusive unless 
 impeached for fraud in appropriate proceedings instituted in 
 the Circuit Court for Baltimore County, in equity, to set aside 
 their findings on such gi'ound. Whenever said engineers may 
 require and determine that the City of Baltimore shall con- 
 struct a road by way of replacement as aforesaid said city shall 
 have power to agree with the owners of land, property or things 
 to be taken or injuriously affected in the construction thereof, 
 and in default of agreement, to condemn the right of way under 
 the provisions of sections 1 and 3 of this Act authorizing the 
 condemnation of property, land or things for the purposes of 
 this Act, or may at its election, make application to the High- 
 ways Commission of Baltimore County or other proper auth- 
 orities for the opening or alteration of such road ; in which latter 
 event the proceedings under such application shall be those pre- 
 scribed by law for the opening or alteration of roads in Balti- 
 more County, except that no land owner shall be assessed for 
 any part of the cost thereof, the whole of such cost to be borne 
 by the City of Baltimore. In the event of disagreement between 
 the said engineers as to any matter devolved upon them by the 
 terms of this section, they shall call in as a third arbiter a ikui- 
 resident engineer skilled in the construction or maintenance of 
 highways and })ridges, to be selected l)y the Governor of ^fary- 
 land, on the application of either of said engineers, in the event 
 of their being nnable to agree on such third person, the decision 
 of any two of the board thus selected to be binding on the
 
 488 
 
 parties, and to bo tiiial and couclusive, unless impeached for 
 fraud as aforesaid. But nothing in this Act shall be taken as 
 obliging said city to replace any road or part of a road, or 
 any bridge, or a turnpike company or turnpike companies, pro- 
 prietor or proprietors, if in the opinion of said engineers, the 
 'purpose thereof will be reasonably answered, so far as the 
 public convenience is concerned, by a road or bridge constructed, 
 or required to be constructed by way of replacement by said 
 city under the provisions of section 9 of this Act, relating to the 
 diversion, alteration, closure or destruction of public roads or 
 bridges of Baltimore County, nor as obliging said city to replace 
 any public road, or part of a road, or bridge of Baltimore 
 County, under section 9 of this Act, if in the opinion of said 
 engineers, the purpose thereof will be reasonably answered, so 
 far as the public convenience is concerned by a road or bridge 
 constructed, or required to be constructed by way of replace- 
 ment by said city, under the provisions of this section of this 
 Act. 
 
 1908, cli. 214, sec. 12. 
 826kk. That upon the completion of the storage lake herein 
 contemplated, and forever thereafter until such time as Balti- 
 more City's population and needs require the entire water sup- 
 ply, which said city is entitled to draw from the Gunpowder 
 River, the inhabitants of Baltimore County shall be entitled to 
 the use of not more than ten millions of gallons of water per 
 day from such lake, this allotment to include all water supplied 
 directly by said city to consumers or users in Baltimore County, 
 now or hereafter, through the water mains of said city or 
 through any mains or conduits which may be or become a part 
 of, or be or become connected with, the reservoirs, pumping sta- 
 tions, or water distribution system of said city. In case it shall 
 be at any time conclusively demonstrated to the County Com- 
 missioners of Baltimore County that there is no other adequate 
 and proper water supply for the residents of any portion of the 
 county making application therefor, said commissioners shall 
 have the right to adopt such measures as they may deem expe- 
 dient to draw from said lake, and distribute any part or all, the 
 remainder of said allotment of ten millions of gallons of water 
 per day, the said County Commissioners to pay or cause to be 
 paid to said Mayor and City Council of Baltimore such sum as 
 may be agreed upon between them ; the same not to exceed the 
 rate of one-half cent per one thousand gallons actually with- 
 drawn. Said County Commissioners shall further have the 
 right and power to use in perpetuity sufficient land near such
 
 489 
 
 lake or reservoir upon which to locate a pumping station or 
 stations, together with conduit connections from said lake or 
 reservoir to a well or wells, or suction w^ell or wells, or reservoir, 
 on said property and other facilities, including rights of way 
 for all necessary purposes to the nearest public highway or high- 
 ways, upon paying or causing to he paid, therefor to Baltimore 
 City a clear annual rental of five per centum of the gross cost 
 to the city of the land so utilized, said connections and pumping 
 stations shall be located at the most convenient and feasible 
 point or points for the withdrawal of such w\ater at the mini- 
 mum cost to the authorities withdrawing the same, all water so 
 withdrawn is to be taken from said lake or reservoir and trans- 
 ported therefrom wathout cost or expense to the Mayor and 
 City Council of Baltimore, the w^hole of such cost and expense 
 to be borne by the authorities withdrawing the same. The 
 work of making such connections with such lake or reservoir, 
 and laying the pipes through said city's property, contiguous 
 thereto, including the location of said pumping station and 
 other matters in connection therewith shall be done under the 
 joint supervision and control of an official of such county auth- 
 orities, and the Water Engineer of the City of Baltimore, 
 and in the event of a disagreement between them, they shall 
 call in, as a third arbiter, a non-resident engineer, skilled in 
 the construction or maintenance of water works, to be selected 
 by the Governor of Maryland, on the application of eitlier 
 party; in the event of their being unable to agree on such third 
 person, the decision of any two of the board then selected to 
 be binding on the parties. The cost of calling in such third 
 party shall be borne equally by the parties, unless for special 
 reasons said board shall otherwise apportion the same ; pro- 
 vided, however, that in no event shall said County Commis- 
 sioners of Baltimore County, or Baltimore County, acting 
 through any agency whatever, farm out, assign, sub-lot or grant, 
 in whole or in j)art, to any person, firm, joint stock company, cor- 
 poration or association, except with the consent in writing of the 
 Board of Estimates of Baltimore City, or its successors in 
 fimction, the right to withdraw from said lake, use, sell, or in 
 any way distribute or dispose of any of the water so allotted to 
 the inhal)itants of T>altimore County, it l)eing the intent of this 
 Act that this right shall in the absence of said consent in 
 writing, be (exercisable solely and cxclnsivcly by Baltimore 
 County and llnltimore City in the dii-cct and immediate exer- 
 cise of thcii- respective iiinnicl|);il functions in tlic manner here- 
 inbefore mentioned.
 
 4U0 
 
 1908, ch. 214, sec. 13. 
 
 82611. That at least thirty days before proceeding under any 
 other of the provisions of this Act, after the popular approval 
 of the loan hereinbefore mentioned, if so approved, said Mayor 
 and City Council of Baltimore shall file in the office of the 
 County Commissioners of Baltimore County, one or more maps 
 showing the existing roads and highways, traversing the prop- 
 erty to be acquired under this Act, both public and private, 
 which are to be closed, altered, diverted or relocated, in whole 
 or in part, or the grades thereof changed; and also to show 
 all roads or parts of roads which the Mayor and City Council 
 of Baltimore propose to construct in substitution for, or to 
 take the place of any such roads so closed, obstructed, altered 
 or changed. 
 
 1908, ch. 214, sec. 14. 
 
 826mm. That the Mayor and City Council of Baltimore be 
 and it is hereby authorized and empowered to pass any and all 
 ordinances not inconsistent with the terms of this Act, that it 
 may deem advisable for the purpose of fully effectuating the 
 objects of this Act. 
 
 1908, ch. 214, sec. 15. 
 
 826nn. That all the powers, including powers of condemna- 
 tion, and duties hereinbefore conferred and imposed, and all 
 the discretion hereinbefore lodged by this Act upon and in the 
 Mayor and City Council of Baltimore, other than the powers 
 of passing ordinances hereinbefore expressly conferred upon it, 
 shall in the name and on behalf of the Mayor and City Council 
 of Baltimore without the necessity for any further legislative 
 action by the Mayor and City Council of Baltimore be exercisa- 
 ble and exercised as one continuous, unbroken delegation of 
 authority by the municipal officials or official who may for the 
 time being have charge of the general municipal water supply 
 of Baltimore city, except that in the event that the charge of 
 said water supply shall at any time or times be confided by law 
 to one municipal official, there shall be associated with him, 
 until said main reservoir or lake and all its working appur- 
 tenances and connections of every sort have been completed, in 
 the exercise of all his powers and discretion, and in the dis- 
 charge of all of his duties under this Act by the appointment 
 of the Mayor, subject to the provisions of section 25 and other 
 related sections of Article 4, entitled "City of Baltimore," 
 of the Code of Public Local Laws of Maryland, and any amend-
 
 491 
 
 meiit or amendments thereof, two capable and upright citizens 
 of the City of Baltimore, who shall serve without pay in the 
 award of contracts for work under this Act, the persons clothed 
 with the power of doing- the work contemplated by this Act 
 shall be authorized, if they see fit, to insert in the specifications 
 for any such contract work reasonable and lawful conditions as 
 to hours of labor, wages and the residence or character of work- 
 men to be employed by the contractor, and especially so far as 
 may be practicable in their judgment, such reasonable and 
 lawful conditions as will tend to confine employment on such 
 work, in whole or in part, to permanent and bona fide residents 
 of the State of Maryland only, and said persons, clothed with 
 the power of doing the work contemplated by this Act may, 
 with the consent of all of their number, themselves do any part 
 or parts of any such work under such conditions, in every re- 
 spect, as they may prescribe, by day labor, in which event, 
 said persons, in addition to their other powers in the premises 
 shall likewise be authorized to devise, promulgate and enforce 
 such rules and regulations as will make merit and personal fit- 
 ness, ascertained by some system of open competition or regis- 
 tration, or both, the sole test of eligibility for all positions or 
 employments under their control that they may see fit to em- 
 brace within the scope of said rules and regulations, which, 
 however, may be limited to permanent and bona fide residents 
 of this State in any particular ; provided, however, that neither 
 any contractor or contractors, nor the persons clothed with the 
 power of doing the work contemplated by this Act as afore- 
 said, shall at any time during the progress of said work employ 
 thereon, or permit or allow to be employed thereon, any person 
 who is at the time of such employment, or who shall at any 
 time thereafter and during the progress of such work, be or 
 become a registered voter of Baltimore County, unless such 
 person shall have been a registered voter of said county at 
 the time of the passage of this Act, or shall be a lineal descen- 
 dant of some person who was at any time theretofore a regis- 
 tered voter of the State of Maryland ; any such contractor, sub- 
 coiitra<^'tor, superintendent, foreman or the person or persons 
 clothed with the power of doing the work contemplated by this 
 Act or any part ther'cof, who shall employ any person m viola- 
 tion of the provisions of this section shall be deemed guilty of 
 a misdemeanor, and upon conviction shall be fined in a sum not 
 less than fifty dollars, nor more than one hundred dollars, or 
 by irnj)risoiini('nt in jiiil for ;i tci'iii not (•.\<'('('(liiig sixt\- days
 
 492 
 
 for each day that such person shall have been so employed in 
 contravention of the provision of this section. 
 
 1908, ch. 214, sec. 16. 
 
 826oo. That in order to provide money to defray the cost 
 of carrying- all ot any of the purposes of the provisions of this 
 Act into execution, the Mayor and City Council of Baltimore 
 is hereby authorized to issue the stock of said corporation for 
 a sum not exceeding five millions of dollars; said stock to be 
 issued from time to time as the Mayor and City Council of 
 Baltimore shall by ordinance prescribe, and to be issued for 
 such amounts, and to be payable at such time and to bear such 
 rate of interest as the Mayor and City Council of Baltimore 
 shall by ordinance provide ; said stock shall be sold and issued 
 by the Commissioners of Finance of the City of Baltimore at 
 the best prices obtainable in their judgment therefor, and any 
 premiums derived from the sale thereof shall remain in their 
 hands as part of the sinking fund hereinafter mentioned for 
 the redemption of said stock at maturity. The residue of the 
 money received from the sale of said stock shall be turned over 
 by them to the Comptroller to be by him deposited with the 
 City Register, and to be placed to the credit of a fund to be 
 known as the "Gunpowder Reservoir Fund," which shall be 
 exclusively applicable to the cost of carrying the purposes 
 and provisions of this Act into execution, and shall be chargea- 
 ble with no other items of cost or expense wliatsoever, and ap- 
 propriation to defray said cost, based upon the estimate of the 
 person charged with the duty of doing the work contemplated 
 by this Act shall be annually included by the Board of Esti- 
 mates in the usual way in the ordinance of estimates^ but said 
 stock shall not be issued in whole or in part unless the ordinance 
 of the Mayor and City Council of Baltimore providing tor the 
 issuance 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 approved by a majority of votes cast at such 
 time and place as required by section 7 of Article 11 of the 
 Constitution of ]\raryland ; if issued pursuant to such approval, 
 the Mavor and Citv Council of Baltimore shall lew in each 
 and every year upon all property liable to taxation in the City 
 of Baltimore, a sum sufficient to pay the interest accruing on 
 said stock, and to create a sinking fund sufficient, with the aid 
 of any premiums on the sale thereof, to redeem said stock at its 
 inaturitv.
 
 4o;5 
 
 826pp. Repealed by Act of 1910, Cliapter 304. 
 City must pay for machiuery iu a cottou mill, if taken uuder this Act. 
 City not bound where contract obtained by material misrepresentation. 
 Warren Manufacturing Company v. Baltimore, 119 Md. 189. 
 
 STREETS, BRIDGES AND HIGHWAYS. 
 OPENING STREETS. 
 
 1'. L. L., (ISSS) Art. 4, sec. SOGA. Act 1892, ch. 165. 1906, ch. 25. 
 
 827. Whenever any property shall have been condemned 
 in any form of proceeding for the use of the Mayor and City 
 Council of Baltimore, and in consequence of infancy, insanity 
 or absence from the city of any person or persons entitled to 
 receive any money awarded in any such proceedings, conflicting 
 claims, refusal to accept, or any other cause, such money cannot 
 be safely and reasonably paid to any person or persons, it shall 
 be lawful for the Mayor and City Council of Baltimore to file 
 a bill or petition in any Court of Equity in the city or county 
 where the property is condemned, or any portion thereof, lies, 
 and whenever such Court shall be satisfied that, for any of the 
 reasons aforesaid, that said Mayor and City Council of Balti- 
 more should be permitted to pav the said money into such Court, 
 it shall pass such decree as it shall deem proper, and the payment 
 of any money into Court under any such decree or order shall be 
 considered in all respects equivalent to a tender thereof to any 
 person or persons entitled to such money, and who may be made 
 a party or parties to such proceeding, and upon making such 
 payment, the said Mayor and City Council of Baltimore shall be 
 thereby released from all further liability for the money awarded 
 as aforesaid to any person or persons who may be made a party 
 or parties to such proceeding as aforesaid, and in all cases when 
 one or more persons is or are entitled to an estate for life or 
 years, or an estate tail fee simple, conditional, base or qualified 
 fee, or any other particular, limited or conditional estate in 
 property condemned as aforesaid, and any person or persons 
 is or are entitled to a remainder or remainders, vested or con- 
 tingent, or an executory devise or devises, or any other interest, 
 vested or contingent, in tlie same property, if all persons in being 
 wild wdiiM he entitled to the said property if the contingency 
 had liappcned at the date of the filling of the aforesaid bill or 
 petition, shall be made parties to such proceeding, the pay- 
 nif-nt into CVjurt of the money awarded for such proptn'ty shall 
 hind all persons, whether in being or not, who claim or may 
 elaiiii any interest in the .said property under any (d' tlie ])ai'ties
 
 494 
 
 to the said cause, or under any person from whom any of the 
 parties thereto claim or from or under or by the original deed 
 or will by which such particular, limited or conditional estates 
 with remainders or executory devises were created, and the said 
 Mayor and City Council of Baltimore shall, upon making such 
 payment, be therebv released from all further liability for the 
 money awarded as aforesaid. 
 
 Gardiner v. Baltimore City, 96 Md. 375. 
 
 1838, ch, 226. P. L. L., (1860) Art. 4, sec. 838. P. L. L., (1888) Art. 4. 
 sec. 807. 1906, cli. 328. 1912, ch. 32. 
 
 828. Before they shall pass any ordinance under section 
 of this Article, paragraph ^'Streets, Bridges and Highways," 
 relating to the laying out, opening, extending, widening, 
 straightening, or closing up, in whole or in part, of any street, 
 square, lane or alley within Baltimore City, notice shall be 
 given by advertisement published twice a week for two con- 
 secutive weeks, in two of the daily newspapers in the said city, 
 that application shall be made for the passage of such ordinance, 
 which notice shall set forth clearly, in the case of laying out, 
 opening or extending any street, square, lane or alley, the 
 length or width of such street, square, lane or alley, or part 
 thereof to be laid out, opened or extended, and, in the case of 
 widening or straightening shall set forth clearly both the pres- 
 ent and the intended width, and also the length of any street, 
 lane or alley or part thereof intended to be widened or straight- 
 ened, and in case of closing shall set forth clearly the length 
 and width of the street, lane or alley, or any part thereof, in- 
 tended to be closed ; and notice shall also be given by filing, in 
 the office of the Commissioners for Opening Streets, on or be- 
 fore the first day of such publication, a map on the scale, not 
 smaller than fifty feet to the inch, prepared by some competent 
 surveyor, whose name shall be signed to the same, which, in 
 case of laying out, opening, extending, widening or straighten- 
 ing, shall show the course and the lines of the projected im- 
 provement, and also the lots and buildings thereon which shall 
 be taken or destroyed, in whole or in part, and which, in the 
 case of closing shall show the street, lane or alley, or part there- 
 of, intended to be closed, and also the abutting lots and im- 
 provements thereon. It shall be the duty of the Commissioners 
 to endorse on said map their names, with the date of it being 
 filed in their office, and to keep the said map where the public 
 may have access to it, whenever said map may be needed for the 
 purpose of being shown at any meeting of the City Council, or
 
 495 
 
 of aiw committee thereof, they may, on the written order or 
 request of the president of either branch of the City Council, 
 or of the chairman of such committee, and, on obtaining liis 
 receipt therefor, allow the said map to be taken from their 
 office for that purpose, to be returned on the following day. 
 At any time before the final passage of said ordinance, said 
 map and said ordinance may be amended, provided such amend- 
 ment shall not substantially depart from the published notice, 
 so as to substantially affect parties who would not be warned 
 by such notice. 
 
 Methodist I'rotestant Ch. v. Gill, 6 Gill, 391. Stewart v. Mayor, etc., 
 7 Md. 500. Baltimore v. Bouldiu, 23 Md, 370. Page v. Mayor, 34 Md. 
 558. Mayor, etc. v. Grand Lodge, 44 Md. 436. Dashiell v. Mayor, etc., 
 45 Md. 616. Mayor v. Little Sisters, etc., 56 Md. 400. Central Savings 
 Bank v. Baltimore, 71 Md. 515. Burk v. Baltimore, 77 Md. 469. Riggs 
 V. Winterode. 100 Md. 447. 
 
 /S'ee, cases under sec. 6, 26a, "Opening, etc. Streets,"' ante. 
 
 Notice required. What the map should show. 
 
 J. Holmes Whiteley v. M. & C. C, et al., 113 Md. 541. 
 
 P. L. L., (1860) Art. 4, sec. 839. P. L. L., (1888) Art. 4, sec. 808. 
 
 1912, ch. 32. 
 
 829. Before any commissioners appointed by any ordinance 
 of said corporation, under the two preceding sections, shall pro- 
 ceed to the performance of their duty, they shall give notice in 
 at least two of the daily newspapers in the City of Baltimore 
 of the object of the ordinance under which they propose to 
 act, at least ten days before the time of their first meeting to 
 execute the same. 
 
 Baltimore v. Bouldin. 23 Md. 370. Central Savings Bank v. Balti- 
 more, 71 Md. 520. Riggs v. Winterode, 100 Md. 447. 
 
 How notice shall be published. 
 
 J. Holmes Whiteley v. M. & C. C, et al, 113 Md. 541. 
 
 1914. ch. 150, sec. 1. 
 829a. That whenever the Mayor and City Council of Balti- 
 more shall hereafter provide by ordinance for the laying out, 
 opening, extending, widening or straightening of any street, 
 square, lane or alley, such ordinance may provide that the 
 (yommissioners for Opening Streets shall proceed to acquire the 
 property necessary, in accordance with section 172, and fol- 
 lowing, of the City Charter, or said ordinance may {)r()vide 
 that the property necessary to be acquired for sndi laying out, 
 opening, extending, widening or straiglitening, may be ac- 
 qnii'(;d by proceedings in the Haltimorc City Court undci- ,\rti- 
 clc .'>'>-A oi the C(jde of l*iil)li(' (icnci-al T>aws and that, aftfr
 
 496 
 
 the damages to be awarded shall have been ascertained bj such 
 proceedings, then the Commissioners for Opening Streets shall 
 proceed to assess the benefits for said laying out, opening, ex- 
 tending, widening or straightening, in the same manner as if 
 the damages had been assessed by them under section 175 of 
 the City Charter, and they shall state in the report the amount 
 of damages assessed by the proceedings in Court to the various 
 owners and the expenses of said Court proceedings and their 
 own proceedings. Before any such benefits and damages are 
 assessed there shall be tiled with the Commissioners for Open- 
 ing Streets a profile map or plat showing the grade of the pro- 
 posed highway, with respect to the abutting property, which 
 map or plat shall be included by the Commissioners in the 
 return to their proceedings. 
 
 1914, ch. 150, sec. 2. 
 829b. That, whenever proceedings are instituted under Arti- 
 cle 33-A of the Code of Public General Laws by the State of 
 Maryland or the Mayor and City Council of Baltimore, or any 
 department, commission, or board of said city or State, for the 
 acquisition of any property for said State or city situate in 
 Baltimore City, the appraisers aj)pointed by said Court shall 
 make their return within ten days, and, immediately upon the 
 return of the appraisers, the petitioner may pay to the owner 
 of such property the amount of such appraisement and give 
 bond, with penalty to be fixed by the Court and security to 
 be approved by the Court, to pay any additional amount which 
 may be awarded by a jury in said case, and, thereupon, at any 
 time after thirty days thereafter, the petitioner may take pos- 
 session of the property and proceed with the improvement for 
 which the same is sought to be condemned ; and the acceptance 
 of said sum by the property owner shall not prejudice his con- 
 tention, if he makes such contention, that he should be allowed 
 a larger sum, but the case shall proceed and the jury shall fix 
 the damages to be awarded for said property, as if said payment 
 had not been made, and, in the event that a larger sum is fixed 
 than said payment, the ditterence shall thereupon be paid to 
 the property owner and the petitioners shall pay the costs, but, 
 if the jury fix a less amount than the appraisement, the prop- 
 erty owner shall not be obliged to return any of the amount 
 of appraisement so received, but shall pay all costs of said pro- 
 ceedings, except the compensation to the appraisers. In the 
 event that the owner, or one of the owners, of such property is 
 a minor, insane, unknown, or otherwise incapable of receiving
 
 497 
 
 said pavment. or in case the owner or owners of such property 
 refuse to accept said payment, the same may be paid into Court 
 and, upon such payment being made and security given as 
 aforesaid, the petitioners may take possession forthwith of the 
 property so sought to be condemned and the same proceedings 
 shall be had as if the pa_\anent were made to the property owner. 
 The property owner may file exceptions to the amount awarded 
 by the appraisers and demand a jury trial thereon at any time 
 before the expiration of the time for taking an appeal from 
 the assessment of benefits by the Commissioners for Opening 
 Streets in the matter of opening, extending, widening, straight- 
 ening or closing said street. And, in the event that a part only 
 of a lot or of a lot and improvements is taken under sections 1 
 and 2 hereof, and benefits are assessed by the Commissioners 
 for Opening Streets against the owner of the remainder of said 
 lot or of said lot and improvements, and an appeal is taken from 
 said assessment of benefits, the said appeal shall be filed in the 
 case in which the said part of said lot or of said lot and improve- 
 ments has been taken, and the exceptions from the award of 
 damages by the appraisers, if such exceptions are filed, and 
 the appeal from the assessment of benefits shall be tried together. 
 
 1914, ch. 150, sec. 3. 
 829c. That, upon any appeal being taken to the Baltimore 
 City Court from any action of the Commissioners for Opening 
 Streets, in fixing the damages to be awarded for any property 
 proposed to be taken for a public highway, or part thereof, the 
 said Court, upon application of the Mayor and City Council 
 of Baltimore, may appoint three disinterested appraisers to 
 appraise the damages to be awarded to the owner of said prop- 
 erty ; said appraisers shall return their appraisement within 
 ten days, and, upon payment of the amount of such appraise- 
 ment and giving security as hereinabove provided in section 2, 
 the Mayor and City Council of Baltimore may, at any time 
 after thirty days thereafter, take possession of said property 
 and proceed with the im])rovement. And, thereupon, the said 
 appeal shall be proceeded with in accordance with the provi- 
 sions of section 2 hereof and the provisions of the City Charter 
 applicable thereto. 
 
 1914, ch. 150, sec. 4. 
 829(1. That none of the provisions of this Act shall apply 
 to or ill any manner ailect any case or cases now pending in 
 any of the Courts of the State of Maryland. All such case or
 
 498 
 
 cases shall be heard and tried to final judgment or inquisition 
 under the law or laws in operation before the passage of this 
 Act. 
 
 1874, ch. 218. P. L. L., (1888) Art. 4, sec. 812. 
 
 830. A tenant for ninety-nine years, or for ninety-nine 
 years, renewable forever, or the executor or administrator of 
 such tenant, or the guardian of an infant owner, or a mort- 
 gagee in possession, shall be deemed and taken as an owner for 
 the purposes of any application to the Mayor and City Council 
 authorized by this sub-division of this Article ; and the applica- 
 tion of any such person shall bind the property so represented 
 for any assessment or tax made under an ordinance passed in 
 pursuance of the provisions of this sub-division of this Article. 
 
 Holland v. Mayor. 11 Md. 186. Wolff v. Mayor. 49 Md. 446. Handy 
 V. Collins. 60 Md. 229. Mayor, etc. v. Boyd, 64 Md. 10. Galloway v. 
 Shipley, 71 Md. 243. 
 
 1833, ch. 182. r. L. L., (1860) Art. 4, sec. 842. P. L. L., (1888) Art. 
 
 4, sec. 813. 
 
 831. Where real estate within the said city has been or may 
 be divided according to law among heirs, legatees, joint tenants 
 or tenants in common, entitled to the same; and such division 
 calls for any of the streets, lanes or alleys or any part thereof 
 surveyed and laid off under the Act of 1817, Chapter 148, or 
 reserves any of the streets, lanes or alleys, or any part thereof, as 
 open, and divides such estate with reference thereto, the Mayor 
 and City Council of Baltimore may, on application of one or 
 more persons interested in the ground to be taken on such appli- 
 cation, adopt and sanction by ordinance the principle under 
 which such division was had, and open any of the said streets, 
 lanes or alleys, or any parts thereof, in the said division reserved 
 or recognized ; provided, at least one week's notice in the news- 
 papers of said city (the cost of the advertisement to be paid 
 by the applicants), be given of such application before any such 
 ordinance shall pass. 
 
 1832. ch. 182. P. L. L., (1860) Art. 4, sec. 850. P. L. L., (1888) Art. 
 
 4, sec. 814. 
 
 832. All the streets, lanes, or alleys opened in the manner 
 directed in the preceding section shall be public highways, and 
 be subject to the laws, regulations and ordinances applicable 
 to public streets, lanes or alleys, or parts thereof, in said city.
 
 409 
 
 P. L. L., (1S60) Art. 4. sec. 851. P. L. L., (1888) Art. 4, sec. 815. 
 
 833. Thej may, on application of the owners of a majority 
 of feet in front of any private wharf, dock, street, lane or alley, 
 cause the same to be paved, cleaned out, mended or otherwise 
 repaved or kept in good condition or repair, and may impose 
 upon and collect from all the proprietors of the property so 
 to be cleaned out or repaired, a tax sufficient in amount to de- 
 fray the expenses thereof, which shall be assessed upon the 
 proprietors in proportion to the number of feet held by them, 
 respectively, in front or length, and shall be collected by the 
 Mayor and City Council of Baltimore as taxes levied for paving 
 public streets. 
 
 GRADES OF STREETS. 
 
 1904, ch. 34. 
 
 833a. Whenever the establishment of the gi'ade of any street, 
 or alley, or part thereof, in the City of Baltimore, shall become 
 necessarv, it shall be the dutv of the Citv Survevor of Baltimore 
 City, and he shall be notified of such establishment by the City 
 Engineer of said city whose duty it shall be to give such notifica- 
 tion, to establish such grade and to prepare the profile of the 
 same; and it shall also be his duty to prepare all paving plats 
 whenever the same shall be necessary or their use required for 
 the City of Baltimore. 
 
 1904, ch. 34. 
 
 833b. The compensation for the duties so to be performed 
 by the City Surveyor under this Act shall be fixed by the fol- 
 lowing table, viz : 
 
 For establishing the grade of any street, one square five 
 dollars. 
 
 For all over one square, each, three dollars. 
 
 For paving plat, each square, five dollars, as provided by 
 section 5, Article 49, of the Baltimore City Code of 1893. 
 
 Now Article 37, sec. 5, of the City Code of 1906. 
 
 P. L. L., (1860) Art. 4, sec. 854. P. L. L., (1888) Art. 4, sec. 817. 
 
 834. Whenever the Commissioner of Health shall certify 
 in writing to the Mayor that it is necessary for the health of 
 the city to alter the grade of any street, lane or alley on low or 
 made ground, the Mayor shall issue his order to the (-itv En- 
 gineer, will) ^liall tlicicupoii cnU n|)(iii the s(>v('i-al |)f<>j)('rty- 
 liolders on such street, lane or jiliey, and procure liniii lluni
 
 500 
 
 their assent in writing to such alteration ; and if any property- 
 holder shall refuse to permit the same to be graded, and shall 
 require damages therefor, and cannot agree with the City 
 Engineer as to the amount of damages, or should there be any 
 legal disability on the part of those owning property on such 
 street, lane or alley the Judge of the Baltimore City Court, on 
 application of the corporation, shall appoint three disinterested 
 persons to assess such damages, who shall return on oath their 
 award to said Court, and the same shall be confirmed by the 
 court unless cause to the contrary be shown ; in which case the 
 court shall at the first term thereafter decide finally thereon; 
 and when the damages so assessed or agreed upon shall be paid 
 by the Mayor and City Council of Baltimore to the persons so 
 assessed, and legally entitled to receive the same, the Mayor and 
 City Council of Baltimore may proceed to regrade and pave the 
 said street, lane or alley. 
 
 1824, ch. 105. p. L. L.. (1860) Art. 4, sec. 857. P. L. L., 
 (1888) Art. 4, sec. 818. 
 
 835. The president, directors and companies of the dilit'erent 
 turnpike companies owning roads running into the City of 
 Baltimore, may cede to said city such parts of said roads as lie 
 within the corporate limits of said city; and the same, when 
 ceded, shall be in all respects subject to the same regulations 
 as unpaved public streets. 
 
 Hooper v. I'rest. Balto. & Yorktown, etc. Road, 34 Md. 521. M. & C;. 
 C. of Balto. V. Turnpike Co., 80 Md. 541. 
 
 1894, ch. 123. 
 
 836. The Mayor and City Council of Baltimore be and it 
 is hereby authorized and empowered to accept from the owners 
 thereof, a deed of the land lying in the bed of Eutaw Place 
 extended, between North Avenue on the southeast and Druid 
 Hill Park on the northwest, in consideration of an agreement 
 on the part of said grantee, to be incorporated therein, that no 
 street car or other railroad tracks shall at any time thereafter 
 be located or placed on any part thereof. 
 
 1894, ch. 123. 
 
 837. That upon the execution of said deed and acceptance 
 thereof by the Alayor and City Council of Baltimore embody- 
 ing said contract prohibiting the locating or placing car tracks 
 upon any part of the land so to be granted, the said contract 
 shall be and is hereby declared to be forever thereafter inviola- 
 ble ; provided, however, that " nothing herein contained shall
 
 501 
 
 prevent the Mayor and City Council of Baltimore from auth- 
 orizing by ordinance the location or construction of car tracks 
 on such part of the bed of said street as are contained within 
 the limits of intersecting or cross streets that are now or may 
 hereafter be provided for by ordinance of said Mayor and City 
 Council of Baltimore, 
 
 1910, ch. 621. 
 
 837a. That the Mayor and City Council of Baltimore be 
 and it is hereby authorized and empowered to authorize and di- 
 rect the Commissioners for Opening Streets, under such sys- 
 tem of procedure, including reasonable notice to the property 
 holders and the right of appeal by either the property holders 
 or the Mayor and City Council of Baltimore, to the Baltimore 
 City Court and the Court of Appeals of ^Maryland, as it may 
 prescribe, to ascertain and award to the owners of property in 
 the City of Baltimore injuriously affected by the changes in 
 grade provided for by section 31/^ of Ordinance 'No. 387 of 
 the Mayor and City Council of Baltimore, approved August 
 16, 1909, commonly known as the ''Grade Crossing Ordi- 
 nance," such damages, if any, as they may find to have been 
 actually sustained by and directly caused to said property by 
 reason of such changes in grade, and at the same time to assess 
 against the same such benefits as they may find to have ac- 
 crued to said owner by reason thereof; provided, however, that 
 nothing in this Act contained shall be construed as imposing 
 any duty or obligation upon the Mayor and City Council of 
 Baltimore, except in the event that said property holders are 
 judicially declared to be disentitled to recover such compensa- 
 tion or damages from the Baltimore and Ohio Kailroad Com- 
 pany ; and provided further, that in the event of the exercise at 
 any time by the Mayor and City Council of Baltimore of the 
 authority hereby conferred, then nothing in this Act contained 
 shall be construed as depriving the Mayor and City Council of 
 Baltimore of any right it may lawfully have to demand, en- 
 force and receive reimbursement from the Baltimore and Oliio 
 Railroad Company to the full extent of any compensation it 
 may make or damages it may pay in the premises. 
 
 XOBTH AVEmJE. 
 
 I'. L. L., (1S60) Art. 4, sees. 858-860. 1878, ch. 59. P. L. L., (ISSS) 
 
 Art. 4, sec. 820. 
 
 838. Tlie bed of iSTorth avenne, throughout its entire length, 
 shall in all respects be hereafter held as the bed of any other
 
 502 
 
 street or avenue in Baltimore City, so far as the same be laid 
 down on Poppleton's map of Baltimore City, and subject to 
 all the conditions or requirements of any other street or avenue 
 in said city ; and any and all of the ground fronting thereon, 
 whether in Baltimore City or County, shall, in the event of 
 said avenue, or any part thereof, being graded, curbed, paved, 
 shelled, graveled, or in any like manner improved, be subject 
 to the same assessment for the cost of said grading, curbing, 
 paving, graveling, shelling or like improvement, as would be 
 the case with ground fronting on any other street or avenue in 
 the city, similarly to be improved as aforesaid, and such ground 
 and the owners and representatives thereof shall in such event 
 be held liable for said assessments, and the said avenue be sub- 
 ject to all the Acts of Assembly and ordinances of the Mayor 
 and City Council of Baltimore which are now or may be here- 
 after in force and applicable for grading, curbing, paving, 
 graveling, shelling or any like improvement of streets or avenues 
 in Baltimore City. 
 
 Baltimore City v. Porter, 18 Md. 284. Mayor, etc. v. Horn, 26 Md. 194. 
 Lester v. Mayor, 29 Md. 419. 
 
 YOKK ROAD. 
 
 1906, ch. 62, sec. 1. 
 
 838a. It shall not be lawful for any person, corporation, 
 municipality, commission, engineer, agents, or employes of such 
 corporations, municipalities, or engineers or commission, to 
 lay any cobblestone or macadam for street paving purposes upon 
 the York road between l^orth avenue and the city line in the 
 City of Baltimore, without the consent of the General Assembly 
 of Maryland. 
 
 NEW BOUNDARY AVENUE. 
 
 1914, ch. 611. 
 
 838b. That the bed of New Boundary avenue in Baltimore 
 City, as now laid out, shall in all respects be hereafter held 
 as the bed of any other street or avenue in Baltimore City ; and 
 any and all of the ground fronting thereon, in Baltimore 
 County, shall in the event of said avenue, or any part thereof, 
 being graded, curbed, paved or in any like manner improved, 
 be subject to the same assessment for the cost of said grading, 
 curbing, paving, or like improvement as would be the case with 
 gi-ound fronting on any other street or avenue in the City of 
 Baltimore, similarly to be improved as aforesaid ; and such
 
 503 
 
 ground and the owners and representatives thereof shall in 
 such event be held liable for said assessments. 
 
 BRIDGES AND HIGHWAYS. 
 
 1888, ch. 98, sec. 27. P. L. L., (1888) Art. 4, sec. 824. 
 
 839. The bridges which the County Commissioners of Balti- 
 more County have heretofore agreed to build within the limits of 
 the territory which has become annexed to Baltimore City 
 under the Act of 1888, Chapter 98, shall be completed by the 
 City of Baltimore; and all bridges within the limits of said 
 territory shall be maintained and kept in repair for public travel 
 at the expense of Baltimore City; all bridges crossing the 
 Patapsco River from said city, including the bridge known as 
 the "Long" or Light Street Bridge shall be maintained and 
 kept in repair for public travel at the sole expense of the said 
 City of Baltimore. 
 
 Pumplirey v. Mayor, 47 Md. 145. 
 As to liability of municipality for defective construction or condition 
 of bridges, see, Co. Commissioners of Harf. Co. v. Wise, 71 Md. 43. 
 
 P. L. L., (1S88) Art. 4, sec. 824-1/2. 1894. ch. 576. 1902, ch. 453. 
 1904, ch. 433. 1906, ch. 158. 
 
 840. No avenues, streets or alleys within the territory an- 
 nexed to the City of Baltimore by the Act of 1888, Chapter 
 98, shall hereafter be opened, established or condemned, nor 
 shall the dedication of any avenue, street or alley in said terri- 
 tory be hereafter accepted by the Mayor and City Council of 
 Baltimore unless the same shall be approved in writing by the 
 Topographical Survey Commission, consisting of the Mayor, 
 Comptroller and Register of the City of Baltimore, or unless 
 the said avenues, streets or alleys be so opened, established, 
 condemned or dedicated that the lines and grades thereof shall 
 conform to the general plan of streets for the annex as adopted 
 under ordinance No. 129, approved December 3rd, 1898, or as 
 said plan shall be amended in accordance with the provisions 
 of this section, that is to say; with the approval of the afore- 
 said Topographical Survey Conmiission, the JVlayor and City 
 Council of Baltimore may by ordinance, from time to time and 
 in any manner, alter or amend the said general plan of streets, 
 and the said Mayor and City Council of Baltimore may there- 
 after by ordinance open, establish or condemn, or the Mayor of 
 Baltimore City may receive a deed for any avenue, street or 
 alley laid down on the said general plan of streets as amended, 
 or if any such avenue, street or alley shall be dedicated the
 
 504 
 
 same may thereafter be accepted ; said Topographical Survey 
 Commission is hereby authorized to make such rules and regu- 
 lations regarding surveys, plats or plans relating to the location 
 of avenues, streets or alleys as they may deem proper from time 
 to time. 
 
 Siudall V. Bultiinore City, 93 Md. 529. 
 As to dedication of streets, see, M. & C. C. of Baltimore v. N. C. Ry. 
 Co., 88 Md. 427. 
 
 1908. ch. 582. 1912, cli. 659, sec. 1. 
 840a. That every private street, lane, alley or way in the 
 City of Baltimore which shall be hereafter laid out and opened, 
 and which for a period of one year shall connect with, open into, 
 or lead to or from any public street, lane, alley or way of said 
 city, and passage between which said private street, lane, alley 
 or way and said public street, lane, alley or way shall not be 
 barred or obstructed by a wall, fence or similar structure erected 
 along the dividing line between them, either without a gate or 
 gates therein, or with a gate or gates, which shall be kept closed 
 at all times except when in actual use, shall be conclusively pre- 
 sumed to have been dedicated by the owner or owners thereof 
 to public use as public highways, and may, at any time there- 
 after be accepted as public highways, either by ordinance of the 
 Mayor and City Council of Baltimore or in any other manner 
 in which a dedication of land to public use made in any other 
 way be accepted. The preceding provisions of this act shall 
 not apply to any private streets, lanes, alleys or ways laid out 
 after the passage of this amended act, upon plans approved 
 by the Topographical Survey Commission of Baltimore City, 
 whose owner or owners shall declare them to be private by 
 placing and maintaining a sign or signs at or near the junction 
 or junctions of such private streets, lanes, alleys or ways with 
 such public streets, lanes, alleys or ways on which sign or 
 signs shall be marked the words ''Private Way," provided and 
 so long as such owner or owners do not grant in such private 
 streets, lanes, alleys or ways, for a longer period than twenty- 
 five years, any franchise, right or easement for a railway or 
 for pipe or conduits for supplying electricity, gas, water or 
 steam or for any other use that would be in the nature of a 
 public service franchise. 
 
 1912, cli. 659, sec. 2. 
 
 840b. That nothing herein co^itained shall affect any right 
 acquired by the Mayor and City Council of Baltimore City
 
 505 
 
 under said Act of 1908, Chapter 582, prior to the passage of 
 
 this Act. 
 
 1908, ch. 583. 
 
 840c. That every private street, lane, alley or way now 
 
 existing in the City of Baltimore, which for a period of one 
 
 year from the passage of this Act, shall connect with, open 
 
 into, or lead to or from any public street, lane, alley or way 
 
 of said city, and passage between which said private street, 
 
 lane, alley or way, and said public street, lane, alley or way 
 
 shall not be barred or obstructed by a wall, fence or similar 
 
 structure erected along the dividing line between them, either 
 
 without a gate or gates therein, or with a gate or gates which 
 
 shall be kept closed at all times except when in actual use, shall 
 
 be conclusively presumed to have been dedicated by the owner 
 
 or owners thereof to public use as public highways, and may, 
 
 at any time thereafter, be accepted as public highways, either 
 
 by ordinance of the Mayor and City Council of Baltimore or 
 
 in any other manner in which a dedication of land to public use 
 
 made in any other way, may be accepted. 
 
 This Act was approved April 8, 1908. 
 
 P. L. L., (1888) Art. 4, sec. 824A. 1890, ch. 628. 
 
 841. All streets, avenues or alleys lying in that portion of 
 Baltimore City, formerly constituting a portion of Baltimore 
 County, and in pursuance of the Act of the General Assembly 
 of Maryland of 1888, Chapter 98, recently annexed to the said 
 City of Baltimore, which had prior to such annexation become 
 streets, avenues or alleys in Baltimore County, whether by deed 
 or dedication, shall be held for all purposes to validly con- 
 stitute streets, avenues or alleys of Baltimore City, in all re- 
 spects as if the same had been legally condemned as such by the 
 Mayor and City Council of Baltimore. 
 
 Park Tax Case, 84 Aid. 1. Baltimore City v. Broumel, 86 Md. 155. 
 Clendeuin v. Md. Construction Co., 86 Md. 86. 
 
 ANE^EX I^IPROVEMENT LOAN AND COMMISSION. 
 
 1904, ch. 274, sec. 1. 
 
 841a. The Mayor and City Council of Baltimore is auth- 
 orized to issue stock to an amount not exceeding two million 
 dollars, to be issued from time to time and payable at such time 
 and bearing such rate of interest as the said Mayor and City 
 Council of Baltimore shall by ordinance prescribe; provided, 
 however, that not more than five hundred thousand dollars 
 of said stock shall be issued in any one year. The proceeds of
 
 506 
 
 the sale of said stock shall be used only for the purpose of pro- 
 viding the costs aud expenses of condemning, opening, grading, 
 paving and curbing the streets, avenues, lanes and alleys of the 
 Annex portion of Baltimore City. The certificates of stock shall 
 not be issued and the commission hereinafter created shall not 
 be appointed unless and until the ordinance which the Mayor 
 and City Council of Baltimore are hereby authorized to pass for 
 the purpose aforesaid shall be approved by a majority of the 
 votes of the legal voters of the City of Baltimore, cast at the 
 time and place to be appointed by said ordinance in the provi- 
 sions for submitting the same to the legal voters of said city. 
 
 1904, ch. 274, see. 2. 
 
 841b. The Mayor of the City of Baltimore (if the loan 
 provided for in the next preceding section of this Article shall 
 be approved) is authorized to appoint, in the manner prescribed 
 in section 25 of this Article, four capable and upright citizens, 
 property owners and residents of the Annex portion of Balti- 
 more City, two of whom shall be members of the Republican 
 party, who together with the Mayor, Comptroller, City Engi- 
 neer and Commissioners for Opening Streets, as ex-officio mem- 
 bers, shall constitute a special commission, to be known as the 
 "Annex Improvement Commission," and w^ho shall continue 
 in office until the work of said commission has been completed ; 
 in case of death, resignation or removal from office of any of 
 said commission, the Mayor shall have authority to appoint 
 another to fill said vacancy. The members of said commission, 
 other than the ex-oficio members, shall receive compensation for 
 their services at the rate of fifteen hundred dollars per annum, 
 except the chairman thereof, who shall receive compensation ^at 
 the rate of two thousand dollars per annum. A majority of the 
 members of said commission shall be a lawful quorum for the 
 transaction of business. As soon as the appointed members of 
 said commission shall have qualified, they shall organize by the 
 election of one of its members as chairman of said commission, 
 who shall be removable at pleasure by said commission and who 
 shall preside over the meetings of said commission and perform 
 such other duties as are imposed on him by this sub-division of 
 this article, or may be assigned to him by said commission ; and 
 they shall elect a secretary, not a member of said commission 
 who shall be removable at pleasure of said commission, and 
 receive compensation not to exceed the sum of twelve hundred 
 dollars per annum ; the said secretary shall keep a record of 
 the proceedings of said commission and perform such other
 
 507 
 
 duties as are imposed or assigned to him by said commission. 
 All records of said commission shall be public, and the com- 
 mission shall make annual reports to the Mayor and City Coun- 
 cil of Baltimore of its official transactions and all expenditures. 
 The Mayor and City Council of Baltimore shall provide proper 
 offices for said commission. The said commission shall have 
 authority and power to employ any help or assistance necessary 
 to promote the object and purpose of this commission and its 
 work, and to fix the compensation of such help and to remove 
 or discharge them at their pleasure; also to purchase neces- 
 sary office furniture and stationery. 
 
 1904, ch. 274, sec. 3. 
 841c. Said commission shall have the right and power to 
 condemn, lay out, open, extend, widen, straighten, close, grade 
 and pave any street, avenue, lane or alley or any part thereof, 
 from curb to curb; and to establish and fix the building line 
 and the width of the sidewalks on any street, avenue, lane or 
 alley now existing or to be laid out, opened, extended, widened, 
 straightened, graded or paved in the Annex portion of the City 
 of Baltimore. Said commission shall have all powers necessary 
 and proper in the exercise of said powers ; and the Mayor and 
 City Council of Baltimore is hereby authorized and empowered 
 to grant by ordinance any further powers and duties it shall 
 deem necessary for the proper execution of the improvements 
 intended to be made by this Act. 
 
 Flack V. M. & C. C. of Baltimore, 104 Md. 107. 
 
 1904, ch. 274, sec. 4. 
 841d. Immediately after the appointment and organiza- 
 tion of said commission it shall cause to be prepared for its 
 guidance and use a map or maps of the entire Annex portion 
 of the City of Baltimore or any part or parts thereof, showing 
 the streets, avenues, lanes and alleys and the number of houses 
 situated in and the area of each block of ground in said Annex, 
 and such other information as may be desired. The said com- 
 mission is hereby authorized to direct any municipal officer, 
 agent, employe or board of the Mayor and City Council of 
 Baltimore to furnish such maps and information and to give 
 such other assistance, information and advice as may be requi- 
 site to enable said commission to have prepared such map or 
 maps and put such proposed changes, additions or improvements 
 on them, and to give such other assistance, advice and informa- 
 tion as said commission may require to carry into effect its work 
 under this Act.
 
 508 
 
 1904, ch. 274, sec, 5. 
 
 841e. The said commission hereby created shall be the agent 
 of the Mayor and City Council of Baltimore to acquire by 
 gift, purchase, lease, whatever the duration of the lease, or by 
 other methods of acquisition or by condemnation, any private 
 property whatsoever, including streets, avenues, lanes and al- 
 leys, rights or interests, franchises, privileges or easements, that 
 may be required to open, widen, extend, straighten, close, grade 
 or pave any street, avenue, lane or alley, or to broaden any 
 sidewalk ; and as soon as the title to the property acquired as set 
 forth herein has been certified by the City Solicitor, said com- 
 mission shall have the same conveyed to the Mayor and City 
 Council of Baltimore, and no ordinance shall be requisite to 
 the validity of such conveyance ; said streets, avenues, lanes 
 and alleys so conveyed shall become public highways, subject to 
 all ordinances and resolutions relating to streets, avenues, lanes 
 and alleys in the City of Baltimore. Authority is hereby con- 
 ferred upon the Mayor and City Council of Baltimore to pro- 
 vide by ordinance or ordinances the proceedings for condem- 
 nation of property as herein set forth by the said commission. 
 Flack V. Mayor, etc., Baltimore, 104 Md. 107. 
 
 1904, ch. 274, sec. 6. 
 
 841f. 'No money shall be expended by said commission to 
 pay for the improvement of sidewalks in the said Annex, but 
 same shall be done at the expense of the owner or owners of 
 property along and upon the streets, avenues or lanes on which 
 the said sidewalks are to be placed ; authority is given said com- 
 mission to assess said property for the cost and expenses of said 
 sidewalks, and to collect the same as now prescribed by law or 
 ordinances. 
 
 1904, ch. 274, sec. 7. 1908, ch. 169. 
 
 841g. That said commission is hereby authorized and em- 
 powered to contract, subject to the provisions of sections 14 and 
 15 of the Baltimore City Charter, with any person, persons, 
 company or corporation for the work of opening, grading, curb- 
 ing and paving the streets, avenues, lanes and alleys of the 
 Annex, as intended by this Act, or to employ the necessary 
 laborers, help and assistants, skilled and unskilled, and per- 
 form the work under their own supervision. The costs and 
 expenses of said work, and all necessary expenses of this com- 
 mission to be paid out of the loan, as provided in section 1 of
 
 509 
 
 this Act, upon voiicliers, approved by the said commission or its 
 chairman, and presented to the Comptroller and City Register 
 of the City of Baltimore. 
 
 1004, ch. 274, sec. S. 
 
 841h. The Mayor and City Council of Baltimore shall pre- 
 scribe by ordinance the methods and proceedings for the sew- 
 erage and drainage of said Annex and to provide the costs 
 and expenses of same out of any fund or funds now or here- 
 after available. 
 
 1904, ch. 274, sec. 9. 
 
 841i. The said commission is hereby authorized as its work 
 progresses to turn over from time to time, such completed 
 portions of said work as it may see fit to the charge, superin- 
 tendence and control of the proper city officials, and shall on 
 the termination of its work turn over all the records, writings, 
 maps, reports to the Commissioner for Opening Streets, to be 
 by him preserved and to be used as the papers and records 
 of his office. 
 
 1904. ch. 274, sec. 10. 
 
 841] . • Provided, however, in lieu of said commission herein- 
 before provided for in section 2 of this Act, the Mayor and 
 Ciy Council of Baltimore may by ordinance authorize and 
 empower the Commissioner for Opening Streets of Baltimore 
 City to perform the duties and functions in this bill heretofore 
 provided for the said commission. 
 
 1910, ch. 736, sec. 1. 
 
 841k. That the Commissioners for Opening Streets of the 
 City of Baltimore are hereby constituted a commission to be 
 known as the Annex Improvement Commission, and as such 
 in addition to their ordinary duties are hereby vested and 
 clothed with all the powers and rights in this Act contained, 
 and are hereby authorized, empowered and directed to carry 
 into effect all the provisions of this Act. As compensation for 
 their services hereunder the Mayor and City Council of Balti- 
 more may in its discretion award the said Commissioners such 
 annual sum as it may deem proper in addition to the compensa- 
 tion to which they are respectively entitled for discharging 
 the ordinary duties of their office, provided that the total com- 
 pensation received by each of said Commissioners shall in no 
 event exceed the sum of two thousand five hundred ($2,500)
 
 510 
 
 dollars per annum. The clerk of said Commissioners shall act 
 as their secretary in connection with the powers and duties 
 hereby conferred, and for his services in this connection, the 
 Mayor and City Council of Baltimore may, in its discretion, 
 award him such annual sum as it may deem proper, in addition 
 to the compensation to which he is entitled for discharging the 
 ordinary duties of his office as clerk; provided that his total 
 compensation shall in no event exceed the sum of two thousand 
 ($2,000) dollars per annum. The said secretary shall keep 
 a record of all proceedings of the Commission, and shall enter 
 in a well-bound book and carefully preserved, neat, legible and 
 accurate minutes of all meetings of the Commission, and he 
 shall perform all such other duties as usually appertain to the 
 office of secretary of a private corporation, or as may be im- 
 posed upon him by this Act or as may be assigned to him by 
 the Commission, shall annually make to the Mayor a detailed 
 report of all its official transactions and expenditures. The said 
 Commission shall have authority and power, subject to the 
 approval or ratification of the Board of Estimates, to employ 
 any help or assistance necessary to promote the object and 
 purpose of this Commission and its work, and to fix the com- 
 pensation of such help and to remove or discharge them at 
 their pleasure; also to purchase necessary office furniture and 
 stationery. 
 
 Commissioners for Opening Streets authorized to make assessments 
 for benefits in opening streets in the Annex. 
 
 Leon Lauer v. M. & C. C, et al., 110 Md. 447. 
 
 1910, ch. 736, see. 2. 
 
 8411. That upon the completion by the Annex Improve- 
 ment Commission created by Chapter 274 of the Acts of the 
 General Assembly of Maryland of 1904, (the power and func- 
 tions of which commission have been and are being exercised 
 by the Commissioners for Opening Streets pursuant to Ordi- 
 nance No. 216, of the Mayor and City Council of Baltimore, 
 approved March 6, 1905) of all its work pending at the time 
 of the approval by the people of the loan hereby authorized, 
 the said Commission shall be taken to have been superseded in 
 every respect by the Commission hereby created, shall there- 
 upon be entitled to the possession and custody of all maps, plats, 
 blue-prints, sketches, surveys, books, papers, documents, writ- 
 ings, letters and chattels of and belonging to said former Com- 
 mission, and also to any unexpended balance remaining out of 
 the proceeds of the said loan authorized by the said Act of
 
 511 
 
 1904, which unexpended balance, if any, shall be placed to the 
 credit of the special fund hereinafter provided for and used 
 by the Commission created by this Act in the manner auth- 
 orized by this Act, for carrying out any of the powers and 
 duties hereby conferred. 
 
 1910, ch. 736, sec. 3. 
 
 841in. That said Commission shall have the right and 
 power and under and in pursuance of any general or special 
 ordinance or ordinances of the Mayor and City Council of Bal- 
 timore which may be passed therefor to grade and pave any 
 street, avenue, lane or alley or any part thereof from curb to 
 curb, and to establish and iix the building line and the width of 
 the sidewalk on any street, avenue, lane or alley now existing 
 or to be laid out, opened, extended, widened, straightened, 
 gi-aded or paved in the annex portion of the City of Balti- 
 more. That said Commission shall have all powers necessary 
 and proper in the exercise of said powers ; and the Mayor and 
 City Council of Baltimore are hereby authorized and em- 
 powered to grant by ordinance any further powers and duties 
 it shall deem necessary for the proper execution of the improve- 
 ments intended to be made by this Act. 
 
 1910. ch. 736, sec. 4. 
 
 841n. That all work done or supplies or materials pur- 
 chased in carrying out the purposes of this Act, when involving 
 an expenditure of five hundred dollars ($500.00) or more, 
 shall be by contract awarded by the Board of Awards to the 
 lowest responsible bidder, in accordance with the provisions of 
 sections 14 and 15 of Article 4, entitled ^^City of Baltimore," 
 of the Public Local Laws of Maryland, including the powers 
 conferred by said section 15 upon the Board of Awards to 
 select the particular thing to be adopted in the case of alterna- 
 tive bids ; provided, however, that the Mayor and City Council 
 shall have the power to prescribe by ordinance as to any particu- 
 lar street or streets that the contract for paving or curbing, re- 
 paving or re-curbing the same shall be awarded to the lowest 
 responsible bidder complying with the call for bids, whether 
 bids are asked for, for one or more than one kind of pavement, 
 reserving to the Board of Awards the right to reject all bids 
 and to call for new bids. 
 
 1910, ch. 736, sec. 5. 
 841o. That the said Commission hereby created shall be
 
 512 
 
 the agent of the Mayor and City Council of Baltimore to 
 acquire by gift, purchase, lease, whatever the duration of the 
 lease, or other methods of acquisition, or by condemnation, any 
 private property whatsoever, including streets, avenues, lanes 
 and alleys, rights or interests, franchises, privileges or ease- 
 ments, that may be required to open, widen, extend, straighten, 
 close, grade or pave any street, avenue, lane or alley, or to 
 broaden any sidewalk, and as soon as the title to the property 
 acquired as set forth herein has been certified by the City Solici- 
 tor, said Commission shall have the same conveyed to the Mayor 
 and City Council of Baltimore, and no ordinance shall be 
 requisite to the validity of such conveyance; said streets, ave- 
 nues, lanes and alleys so conveyed shall become public highways, 
 subject to all ordinances and resolutions relating to streets, ave- 
 nues, lanes and alleys in the City of Baltimore ; that authority 
 is hereby conferred upon the Mayor and City Council of Balti- 
 more to provide by ordinance or ordinances the proceedings for 
 condemnation of property as herein set forth by the said Com- 
 mission. 
 
 Wrong advertisement. Party must appeal to City Court. Court of 
 Equity no jurisdiction. 
 
 Jolm Wannenwetscli et al, v. M & C. C, 111 Md. 32. 
 
 Under Act of 1904, Chapter 274, Annex Improvement Commission have 
 
 power to close, as well as open and widen streets. The fact that a street 
 closing is of special benefit to certain property is not conclusive that it 
 
 is not also for a public purpose. 
 
 Baltimore v. Brengle, 116 Md. 343. 
 
 1910, ch. 736, sec. 6. 
 
 841p. That no expenditure shall be made by said Commis- 
 sion for the grading, paving or improvement of said sidewalks 
 in the annex portion of said city, but the same shall be done 
 at the expense of the owner or owners of the property upon and 
 along the streets, avenues, lanes or alleys on which such side- 
 walks are to be established, widened, graded, paved or other- 
 wise laid out and improved; and the said Commission in its 
 discretion is authorized and empowered to require said property 
 owners to grade, pave and improve said sidewalks at their ex- 
 pense, or upon their failure to do so the Commission may do 
 such work itself and assess said property for the cost and ex- 
 penses of such work, and the procedure and rights and powers 
 of the Commission with respect to such work and to such assess- 
 ments and the collection thereof shall be that now or hereafter 
 prescribed by law in relation to the duties of a similar nature 
 with which the City Engineer and other officers of the city
 
 513 
 
 are now or may be respectively clothed, or the procedure and 
 the rights and powers of said Commission may be such as may 
 be provided for the very purpose by any lawful ordinance or 
 ordinances of the Mayor and City Council of Baltimore, which 
 said ordinance or ordinances the Mayor and City Council of Bal- 
 timore is hereby fully authorized to adopt, provided provision is 
 made in such ordinance or ordinances for reasonable notice to 
 the owner or owners and for appeals to the Baltimore City 
 Court, and the right of appeal to the Court of Appeals by any 
 person interested, including the Mayor and City Council of Bal- 
 timore. 
 
 1910. ch. 736, sec. 7. 
 
 841q. That the Mayor and City Council of Baltimore be 
 and are hereby authorized to issue stock to an amount not ex- 
 ceeding two million five hundred thousand dollars, to be issued 
 from time to time and payable at such time and bearing such 
 rate of interest as the said Mayor and City Council of Balti- 
 more shall by ordinance prescribe; provided, however, that not 
 more than five hundred thousand dollars of said stock shall be 
 issued in any one year. The proceeds of the sale of said stock 
 shall be used only for the purpose of providing the costs and 
 expenses of condemnation, opening, grading, paving and curb- 
 ing the streets, avenues, lanes and alleys of the annex portion 
 of Baltimore City ; said stock shall be sold and issued by the 
 Commissioners of Finance of the City of Baltimore at the best 
 prices obtainable in their judgment therefor, and any premiums 
 derived from the sale thereof shall remain in their hands as 
 part of the sinking funds hereinafter mentioned for the re- 
 demption of said stocks at maturity. The residue of the money 
 received from the sale of said stock shall be turned over by them 
 to the Comptroller, to be by him deposited with the City Regis- 
 ter, and to be placed to the credit of a special fund, to be known 
 as the ''Annex Improvement Fund," which shall be exclusively 
 applicable to the purposes in the section above specified, and shall 
 be chargeable with no other items of cost or expense whatever ; 
 provided, however, that not more than five hundred thousand 
 dollars ($500,000.00) of said stock shall be issued for any one 
 year after appropriations for the cost of said work shall have 
 been duly included and allowed for each year in the usual way 
 in the ordinance of estimates, then, upon the written requisition 
 of the Commission or of its president the Comptroller shall 
 draw his warrant upon the City Register, payable out of such 
 appropriations from said special fund for the amount of all 
 
 (17)
 
 514 
 
 items of cost or expense properly chargeable upon said special 
 fund ; but said stock shall not be issued in whole or in part un- 
 less the ordinance of the Mayor and City Council of Baltimore 
 providing for the issuance thereof shall be submitted to the 
 legal voters of the City of Baltimore at such time and place as 
 may be iixed by said ordinance, and be approved by a majority 
 of the votes cast at such time and place as required by section 
 7 of Article 11 of the Constitution of Maryland. If issued 
 pursuant to such approval, the Mayor and City Council of Bal- 
 timore shall levy in each and every year upon all property liable 
 to taxation in the City of Baltimore a sum sufficient to pay the 
 interest accruing on said stock and create a- sinking fund suffi- 
 cient, with the aid of any premiums on the sale thereof, to re- 
 deem said stock at its maturity. 
 
 1910, ch. 736, sec. 8. 
 
 841r. That while the work authorized by this Act is being 
 done by said Commission, no rights or powers now or here- 
 after possessed by the Mayor and City Council of Baltimore, 
 or any department, sub-department or official thereof, shall 
 be abrogated, abridged or in anywise altered by the provisions 
 hereof, except in so far as the exercise of the same in the annex 
 portion of the city may be inconsistent with the provisions of 
 this Act ; and said Commission is hereby authorized, as its work 
 progresses, to turn over from time to time, in its discretion, 
 such complete portion of said work as it may see fit to the proper 
 city officials, including themselves in their ordinary capacity as 
 Commissioners for Opening Streets, and upon determination of 
 said work to turn over records, writings, maps, surveys, reports 
 and papers, and all property and effects in their possession to 
 themselves in their ordinary capacity as Commissioners for 
 Opening Streets, to be by them preserved, used or disposed of as 
 may be lawful and proper. The Mayor and City Council of 
 Baltimore shall prescribe by ordinance the methods and pro- 
 ceedings for the sewerage and drainage of said annex, and to 
 provide the costs and expenses of the same out of any fund, 
 funds, now or hereafter available for that purpose. 
 
 1910, ch. 736, sec. 9. 
 
 841s. That Ordinance No. 151 of the Mayor and City Coun- 
 cil of Baltimore, approved June 15, 1906, entitled '^An Ordi- 
 nance granting the Commissioners for Opening Streets further 
 powers and duties in the matter of grading, paving and curbing 
 streets, avenues, lanes and alleys or parts thereof in the annex, 
 
 I
 
 515 
 
 in addition to the powers and duties expresslv conferred and 
 imposed upon them bv the provisions of Chapter 274, of the 
 Acts of the General Assembly of Maryland for the year 1904," 
 and Ordinance 21 G of the Mayor and City Council of Balti- 
 more, approved March 6, 190,"), is hereby continued with like 
 force and effect as if the same had been ordained after the pas- 
 sage of this Act, and after approval by the people of the loan 
 hereby authorized and the rights and powers by said ordinance 
 conferred and the provisions thereof and the procedure therein 
 prescribed may be availed of by the Commission hereby created 
 to the same extent as if said Commission were expressly named 
 in said ordinance but said ordinance shall be subject to repeal, 
 modification or amendment by the Mayor and City Council of 
 Baltimore as other municipal ordinances. 
 
 1910. cli. 736. sec. 10. 
 
 841 1. That any and all moneys collected for benefits pur- 
 suant to the exercise of any of the powers hereby granted shall 
 be placed to the credit of the special fund herein provided for, 
 and may be appropriated and expended for the purpose of 
 this Act. 
 
 Anuex Loan Act of 1904, Chapter 274, construed. 
 City V. Flack, 104 Md. 107. 
 
 PAVING COMMISSION AND $5,000,000 PAVING 
 
 LOAN. 
 
 1906, ch. 401, sec. 1. 
 
 841u. The Mayor of the City of Baltimore is authorized 
 to appoint in the manner prescribed by section 25, of Article 4 
 (entitled "City of Baltimore") of the Public Local Laws of 
 Maryland, and subject to the condition that two of the ap- 
 pointees shall be members of the minority party within the 
 meaning of section 30 of said Article, five capable and upright 
 citizens of the City of Baltimore, who, together with the Mayor 
 himself ex-officio, shall constitute a Special Commission, to be 
 known as the Paving Commission of the City of Baltimore, and 
 who shall continue in office from year to year until the work of 
 said Commission under this Act, as limited by the pecuniary 
 provision hereinafter made therefor, has been completed. If, 
 however, the Second Branch of the City Council of the City of 
 Baltimore shall reject three several and successive nominations 
 by the ^layor to any position on said Commission, he shall 
 be empowered to make an appointment thereto without its con-
 
 516 
 
 firmation. All persons appointed to said Commission shall 
 qualify and be subject to removal by the Mayor (except that 
 there shall be no removal at any time save for cause after 
 charges preferred) as prescribed by said section 25 of Article 
 4 (entitled "City of Baltimore") of the Public Local Laws of 
 Maryland. Any member of said Commission may at any time 
 resign therefrom by tendering his resignation in writing to the 
 Mayor, and any vacancy in said Commission occasioned by the 
 resignation, removal, death or permanent absence from this 
 State of the incumbent, or by supervening incapacity upon his 
 part, whether physical or mental, to discharge his duties or by 
 any other cause operating such a vacancy, either actually or in 
 effect, shall be filled by the Mayor in the manner and subject to 
 all the conditions as to minority representation, qualification and 
 removal hereinbefore provided for as to original appointees to 
 said Commission. All the members of said Commission except 
 the Chairman thereof, as hereinafter provided, shall serve with- 
 out compensation, and a majority of said members shall be a 
 lawful quorum for the transaction of business. So soon as the 
 appointive members of said commission, shall have qualified 
 they shall, with the Mayor acting as a member of said commis- 
 sion, ex officio, organize by the election of one of the members of 
 said Commission as Chairman of said Commission, who shall 
 be removable at pleasure by said Commission, shall receive such 
 compensation as it may determine, not exceeding the sum of 
 $2,500 per annum, and shall preside over the meetings of said 
 Commission and perform such other duties as are imposed 
 upon him by this Act, or as may be assigned to him by said 
 Commission, and by the election of a secretary, not a member 
 of said Commission, who shall be removable at pleasure by said 
 Commission, shall receive such compensation as it may deter- 
 mine, not exceeding the sum of $1,500 per annum and shall 
 enter in a well bound book and carefully preserve neat, legible 
 and accurate minutes of all meetings of said Commission, and 
 perform such other duties as usually appertain to the oflice of 
 secretary of a private corporation, or as are imposed upon him 
 by this Act, or as may be assigned to him by said Commission. 
 All sessions or meetings of said Commission shall be open and 
 public; and all its records shall be public records, and it shall 
 annually make to the Mayor a detailed report of all its official 
 transactions and expenditures. 
 
 1906, ch. 401, sec. 2. 1908, ch. 202. 
 841v. That the said Commission be and it is hereby em-
 
 517 
 
 powered to grade, shell, gravel, macadamize, pave or otherwise 
 surface and curb ; re-grade, re-shell, re-gravel, re-macadamize, 
 re-pave or otherwise re-surface and re-curb, according to such 
 general and comprehensive plan or plans in the premises as may 
 be adopted bv it, all such public lanes, alleys, avenues, streets 
 or highways, or all such parts thereof in the City of Baltimore, 
 as in the judgment of the said Commission should be so 
 graded, shelled, gravelled, macadamized, paved or otherwise sur- 
 faced and curbed, re-graded, re-shelled, re-graveled, re-maca- 
 damized, re-paved or otherwise re-surfaced or re-curbed. And 
 at the election of said Commission to assess the cost of any such 
 work, in whole or in part, upon the property binding upon such 
 public lanes, alleys, avenues, streets or highways, according 
 to such mode of procedure as shall be prescribed by the flavor 
 and City Council of Baltimore by ordinance or ordinances, 
 which ordinance or ordinances the Mayor and City Council of 
 Baltimore is hereby empowered to pass ; provided, however, 
 that reasonable notice and opportunity to be heard shall be 
 required by the Mayor and City Council of Baltimore to be 
 given, and shall be given by said Commission to all persons 
 interested before the final ascertainment of the amount of 
 assessment to be paid by any such property ; and provided, how- 
 ever, further, that provision shall be made by the Mayor and 
 City Council of Baltimore for the right of appeal to the Balti- 
 more City Court, including the right of appeal to the Court 
 of Appeals, by any person or persons interested, including the 
 city itself, from the decision of said Commission in deter- 
 mining the amount of assessment to be paid by any such prop- 
 erty ; the assessment, as finally determined, shall be payable at 
 such times and in such proportions, and shall bear such rate 
 of interest as the Mayor and City Council of Baltimore shall 
 by ordinance provide, and shall be liens from the date of their 
 final determination on the parcels of said property upon which 
 said assessment shall be respectively assessed in the same way 
 that other city taxes in the City of Baltimore are now liens, 
 and shall be collected and enforced as other city taxes in the 
 City of Baltimore are now collected and enforced, or in such 
 other manner as the Mayor and City Council of Baltimore shall 
 prescribe. All money, when and as derived from said assess- 
 ments, and all interest thereon shall be at once placed to the 
 credit of the fund styled by this Act as the New Paving Fund, 
 and shall be available from time to time to defray the cost 
 of the works authorized by this Act, to the same extent as the 
 original proceeds derived from the sale of stock authorized by
 
 518 
 
 this Act are available. The said Commission shall be clothed 
 with each and every and all powers which may be necessary 
 or proper for these purposes or either of them, among which 
 powers shall be the following, that is to say, 1. To make all 
 such preliminary investigations and to do all such preliminary 
 work as should, in its judgment, precede the adoption by it of 
 a plan or plans of street improvement under this Act. 2. To 
 adopt such plan or plans of street improvement under this Act 
 as it may deem best calculated to promote the object of this 
 Act. 3. To do all such grading or re-grading, and to lay, con- 
 struct or create all such pavements or other street surface im- 
 provements as it may deem expedient for carrying said plan or 
 plans of street improvement into full effect ; and to select in its 
 exclusive discretion, such kind of paving or other street surface 
 improvement material as it may deem best ; provided, however, 
 that where the plans of the Sewerage Commission of Baltimore 
 City provides for sewerage arrangements in any street, the 
 said street shall not be newly paved with improved pavement 
 until all such sewerage arrangements have been finally com- 
 pleted in the bed thereof. 4. To incorporate wath said plan 
 or plans of street improvement, or otherwise utilize for the pur- 
 pose of this Act, so far as it may deem expedient, any or all 
 existing public pavements or street surface improvements in 
 the City of Baltimore, either in their present condition or with 
 such repairs, modifications or changes as the said Commission 
 may see fit to make ; and to condemn, take up and remove, 
 in its discretion, any or all such existing public pavements or 
 street surface improvements, and to substitute therefor such 
 other pavements or street surface improvements as it may deem 
 proper. 5. To appoint or employ professional or technical 
 advisers and experts, and such agents, assistants, clerks, em- 
 ployes and laborers, skilled or unskilled of all kinds, as it may 
 deem requisite for the due and proper execution of the duties 
 devolved upon it by this Act, or any of them, and to fix their 
 respective compensations and to remove or discharge them at its 
 pleasure (except such highly trained, experienced or skilled in- 
 dividuals as it may agree to appoint or employ upon special 
 terms for definite and fixed periods of time) , and to exact from 
 them such indemnity bonds for the proper performance of their 
 respective duties as it may deem proper; provided, however, 
 that the chief engineer of such Commission under this Act 
 shall be the City Engineer, 6. To frame, publish and enforce 
 such reasonable rules and regulations for its own government, 
 and for the supervision, protection, management and conduct of
 
 519 
 
 its work as it may deem expedient. 7. To make and enter 
 into in the name and on behalf of the Mayor and City Council 
 of Baltimore any and all contracts, agreements or stipulations 
 germane to the scope of its duties and powers under this Act. 
 S. To purchase, hire or otherwise lawfully obtain the use of all 
 such machinery, tools, implements, appliances, supplies, ma- 
 terials and working agencies as it may need for its purposes ; 
 provided, however, that this enumeration of special powers 
 shall not be construed as restricting in any degree the scope 
 of the general powers hereinbefore conferred upon said com- 
 mission. 
 
 190G. ch. 401, sec. 3. 1908, cli. 202. 
 
 841w. That the Mayor and City Council of Baltimore, 
 acting by and through the agency of said Commission, may 
 acquire by gift, purchase or other like method of acquisition, or 
 by arbitration, or by condemnation, any private property, rights 
 or interest, individual, railway or other corporate franchises 
 or easements that may exist in any part or parts of any of the 
 beds of any of the public lanes, alleys, avenues, street, or high- 
 ways hereinbefore mentioned ; and that said Commission may 
 require for the purpose of giving full effect to the objects of 
 this Act, and when and so often as resort sluiH be had to con- 
 demnation proceedings, the procedure shall be such as may 
 now or at any time hereafter be provided for by any lawful 
 ordinance or ordinances of the Mayor and City Council of Bal- 
 timore, adopted pursuant to the powers conferred upon it by 
 section 6, Article 4 (entitled "City of Baltimore") of the 
 Code of Public Local Laws of Maryland, title ''General Pow- 
 ers," sub-title ''Condemnation of Property," for the condemna- 
 tion of any land or property or interest therein situated wholly 
 or partly within the City of Baltimore, or such as may be pro- 
 \ided for the very purpose by any lawful ordinance or ordi- 
 nances of the Mayor and City Council of Baltimore, which said 
 ordinance or ordinances the Mayor and City Council of Balti- 
 more is hereby fully authorized to adopt ; provided, pi-ovision 
 is made therein for reasonable notice to the owner or owners, 
 and for appeals to the Baltimore City Court, including the right 
 of appeal to the Court of Appeals by any person interested, in- 
 cluding the Mayor and City Council of Baltimore, from the 
 decision of any Commissioners or other persons appointed to 
 value any such private property, rights or interests, individual, 
 railway or other corporate franchises or easements.
 
 520 
 
 1906, ch. 401, sec. 4. 
 
 841x. All individuals and corporations lawfully having 
 buildings, structures, works, conduits, drains, mains, pipes, 
 tracks or other physical obstructions in, over or under the public 
 lanes, alleys, avenues, streets or highways of the City of Balti- 
 more, which shall block or impede the progress of the work of 
 said Commission when under way, shall upon reasonable notice 
 from said Commission, promptly so shift, adjust, accommodate 
 or remove the same, at their own cost and expense, as to fully 
 meet the exigencies occasioning such notice ; and if any indi- 
 vidvial or corporation shall refuse, neglect or fail, after such 
 reasonable notice, to discharge any duty cast upon him or it by 
 this section, he or it shall, in addition, but not in substitution 
 for any other remedy or remedies that said Commission or the 
 Mayor and City Council of Baltimore may have in the premises, 
 be subject to a fine of one hundred ($100) dollars for each 
 and every such offense, and also to an additional fine of fift}^ 
 ($50) dollars a day for every day that said refusal, neglect or 
 failure shall continue, said fines to be collected as other fines 
 in the City of Baltimore are collected, and should the exigencies 
 of said Commission and its work in any cause involve a taking, 
 in the constitutional sense, of the franchise or right, in the 
 exercise of which such obstruction had its origin, the Mayor and 
 City Council of Baltimore shall be empowered to secure the 
 condemnation of such franchise or right in the manner provided 
 for in section 3 of this Act. 
 
 1906, ch. 401, sec. 5. 
 
 841y. All work done, or supplies or materials purchased, 
 in carrying out the purposes of this Act, when involving an 
 expenditure of five hundred ($500) dollars or more, shall be 
 by contract awarded to the lowest responsible bidder, in ac- 
 cordance with the provisions of sections 14 and 15 of Article 4 
 (entitled ''City of Baltimore") of the Public Local Laws of 
 Maryland ; provided, however, that said Commission shall be 
 empowered, if it see fit, to insert in the specifications for any 
 such work reasonable and lawful conditions as to hours of 
 labor, wages and the residence or character of workmen to be 
 employed by the contractors, and especially so far as it may be 
 practicable in the judgment of said Commission, such reasona- 
 ble and lawful conditions as will tend to confine employment 
 on such work, in whole or in part, to permanent and hona fide 
 residents of the State of Maryland only ; and provided, however, 
 also, that said Commission with the consent of all its members,
 
 521 
 
 may itself do any part or parts of any such work, under such 
 conditions in every respect as it may prescribe, by day labor, 
 whenever the Chief Engineer in writing shall recommend that 
 course; provided, however, that in that event said Commis- 
 sion shall among its other powers in the premises, be empowered 
 to devise, publish and enforce such rules and regulations as 
 will make merit and personal fitness, ascertained by some sys- 
 tem of open competition or registration, or both, the sole tests 
 of eligibility for all positions or employments under its control, 
 which it may see fit to embrace wdthin the scope of said rules 
 and regulations, which, however, may be limited to permanent 
 and bona fide residents of this State in any particular. Any 
 and all bids or parts of bids for any such work or supplies or 
 materials may be rejected. 
 
 1906, ch. 401, sec. 6. 190S, ch. 202. 
 
 841z. That in order to provide money for the work to be 
 done by said Commission under this Act, as and when portions 
 of such work are from time to time being done, the Mayor and 
 City Council of Baltimore is hereby authorized to issue the 
 stock of said corporation to an amount not exceeding $5,000,000, 
 said stock to be issued from time to time and in such amounts 
 as the Mayor and City Council of Baltimore shall by ordinance 
 prescribe; provided, however, that not more than $1,000,000 
 of said stock shall be issued in any one year, and to be pay- 
 able at such times and to bear such rate or rates of interest 
 as the Mavor and Citv Council of Baltimore shall bv ordinance 
 provide ; said amounts of stock shall be sold and issued by the 
 Commissioners of Finance of the City of Baltimore at the 
 best prices obtainable in their judgment therefor, and any 
 premiums derived from the sale thereof shall remain in their 
 hands as parts of the sinking fund hereinafter mentioned ; the 
 residue of the money received from the sale of said amounts 
 of stock shall be turned over by them to the Comptroller, to 
 be by him deposited with the City Register and to be placed to 
 the credit of a fund to be known as the "New Paving Fund," 
 which shall be exclusively applicable to the cost of the work 
 authorized by this Act and shall be chargeable with no other 
 items of cost or expense whatsoever. Appropriations for the 
 cost of said work, based upon the estimates of said Commis- 
 sion, shall be annually included by the Board of Estimates, 
 in the usual way, in the ordinance of estimates ; and upon the 
 written requisitions, supported by proper vouchers of the chair- 
 man of said Commission, or of the chairman pro tempore of
 
 522 
 
 said Commission, countersigned by the secretary of said Com- 
 mission, or by the secretary pro tempore of said Commission, 
 either of which temporary officers said Commission is hereby 
 authorized to appoint, by vote or resolution, in the event of 
 the absence, sickness or other disability for the time being of 
 its chairman or secretary, respectively, the Comptroller shall 
 draw his warrants upon the City Register, payable out of such 
 appropriations from said special fund for the amounts of all 
 items of cost or expense properly chargeable upon said special 
 fund ; but no part of said stock shall be issued, nor any mem- 
 ber of said Commission appointed, until the ordinance of the 
 Mayor and City Council of Baltimore providing for the is- 
 suance 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 as required by section 7 of Article 11 of 
 the Constitution of Maryland ; if issued pursuant to such ap- 
 proval, the Mayor and City Council of Baltimore shall levy in 
 each and every year, upon all property liable to taxation in 
 the City of Baltimore, a sum sufficient to pay the interest ac- 
 cruing on said amounts of stock and to create a sinking fund 
 sufficient, with the aid of any premiums on the sale thereof, to 
 redeem said amounts of stock at their respective dates of 
 maturity. 
 
 841aa. Formerly 841q. Repealed bv Act of 1008, Chapter 
 202. 
 
 1906, ch. 401, sec. 8. 
 
 841bb. The Mayor and City Council of Baltimore is like- 
 wise authorized to impose upon all street railway companies 
 occupying with their tracks parts of the beds of streets, ave- 
 nues or other highways in the City of Baltimore upon which 
 work shall be done under this Act of the obligation to pay for 
 said work so far as the same shall be done between the rails of 
 their said tracks and for a space of two feet on either side 
 thereof, and the Mayor and City Council of Baltimore is further 
 authorized to enforce said obligation by all such appropriate 
 agencies, means, processes, proceedings and remedies as it may 
 ordain for the purpose ; but nothing in this Act shall be taken 
 as in anywise relieving any such company or any other cor- 
 poration or person from any obligations in itsor his relations 
 to the public highways of the City of Baltimore now cast upon 
 it or him by law.
 
 523 
 
 Act of 1906. Chapter 401. does not authorize the putting of the cost of 
 repaying in the railway area on the Railway Company. 
 
 United Railways v. Baltimore. 121 Md. 552. 
 Power of the Legislature by proper Act to do so not passed on. 
 
 Ibid. 121 Md. 559. 
 
 1906. oh. 401. sec. 9. 
 
 841ee. While the work authorized bv this Act is being done 
 by said Commission the respective duties and powers of tlie 
 City Engineer and Commissioner of Street Cleanino- and other 
 city officials in their relations to the pavements and other street 
 surface improvements of the City of Baltimore shall, subject 
 to the duties and powers hereby conferred upon said Commis- 
 sion, continue as at present, and said Commission shall be auth- 
 orized as its work progresses to turn over from time to time, in 
 its discretion, such completed portions of said work as it may 
 see fit to the charge, superintendence and control of the proper 
 city officials. When its work under this Act has been completed 
 the life of said Commission as originally appointed and as sub- 
 sequently recruited by appointments to occasional vacancies, 
 if any, shall come to an end, and the pavements and other 
 street surface improvements constructed or made by it, so far 
 as they have not already been surrendered to the charge, super- 
 intendence and control of said officials, shall be then so surren- 
 dered, and at the same time all the records, writings and papers 
 of said Commission shall be delivered up to the City Librarian ; 
 to be preserved in his office, and all property and effects in its 
 possession belonging to the city to the Comptroller, to be dis- 
 posed of by him as may be provided by ordinance. 
 
 1906. ch. 401. sec. 10. 
 
 841dd. The Act of the General Assembly of Maryland en- 
 titled *'An Act to authorize the ]\Iayor and City Council of Bal- 
 timore to issue its certificates of stock to an amount not exceed- 
 ing Five ]\Lillion Dollars ($5,000,000) for the purpose of 
 providing the money to pay at the time of doing the work, the 
 portion of the cost and expenses of grading, paving and curbing 
 the streets, lanes and alleys of the City of Baltimore, assessa- 
 ble upon the property benefited thereby, and for the reimburse- 
 ment of the Vjity of Jniltiniore in respect thereto out of the 
 money derived from said assessments" and approved April 7, 
 
 1900, is hereby repealed. 
 
 This loan valid. Certain discictioii as to the amount of interest may 
 be delegated. 
 
 Bond V. I'.altiniore. lis Md. KiO.
 
 524 
 STKEET DIRT, SWEEPINGS AND GARBAGE. 
 
 1902, ch. 327. 
 841ee. The Mayor and City Council of Baltimore is hereby 
 authorized to enter into an agreement with the United Railways 
 and Electric Company of Baltimore, or any person, company 
 or corporation, for the carriage and disposal from proper places 
 that may be agreed upon for transportation on the cars of said 
 Company for final disposition at proper places situated on or 
 near its system of tracks in this State of such street sweepings, 
 dirt, ashes and garbage as may be collected by the Mayor and 
 City Council of Baltimore, or its duly constituted employes and 
 agents and delivered to said United Railways and Electric 
 Company of Baltimore for final transportation at such places as 
 may be agreed upon, on such terms and conditions as may be 
 agreed upon between the Mayor and City Council of Baltimore, 
 and the United Railways and Electric Company of Baltimore 
 or any person, company or corporation ; and should the M ay or 
 and City Council of Baltimore by ordinance provide for the 
 collection of street dirt, sweepings, garbage and ashes by other 
 persons than the duly constituted officers or employes of said 
 City of Baltimore, then said other person or persons shall have 
 the same right to enter into an agreement for the final trans- 
 portation of said street sweepings, dirt, garbage and ashes as 
 mentioned aforesaid ; provided, however, that nothing in this 
 Act shall be construed to confer any right upon the Mayor and 
 City Council of Baltimore to contract with said United Rail- 
 ways and Electric Company of Baltimore, or any person, com- 
 pany or corporation, for the collection of street sweepings, ashes 
 and garbage from the streets, lanes, alleys and other ways of 
 the said City of Baltimore, but shall simply apply to the final 
 transportation and disposal of said street sweepings, dirt, gar- 
 bage and ashes from certain specified places to the final disposi- 
 tion as heretofore mentioned ; provided, further, that the cars, 
 boxes, bins, houses or receptacles in which said street sweepings^ 
 dirt, garbage and ashes are deposited and retained awaiting 
 final disposition, and the cars, boxes, bins, or other receptacles 
 in which said street sweepings, dirt, garbage and ashes may, 
 should or are to be transported from said place of deposit to 
 the place of final disposition shall be closed and covered in such 
 manner as may be provided for by the JMayor and City Council 
 of Baltimore, and shall only be transported, conveyed and car- 
 ried from said places of deposit to the final disposition through 
 the streets of said city only between the hours of one and five 
 o'clock A. M.
 
 525 
 SPECIAL PAVING TAX. 
 
 1912. ch. 688, sec. 1. 
 841ff. That there is hereby levied and imposed upon prop- 
 erty in the City of Baltimore specially benefited by improved 
 paving (said property being hereinbelow specified), a special 
 paving tax of the amount hereinbelow specified, said tax to con- 
 tinue as to each property for ten years from the time it attaches 
 thereto, and the entire proceeds thereof to be used for improved 
 paving in Baltimore Cit}^, as hereinbelow provided. 
 
 1912, ch. 688, sec. 2. 
 
 841gg. CLASSIFICATION. That for the purposes of 
 this Act all landed property in Baltimore City adjoining or 
 abutting upon any public highway which has been or shall 
 hereafter be paved with improved paving without special assess- 
 ment of an}' part of the cost upon the abutting or adjoining 
 property owners by the City of Baltimore or the State Roads 
 Commission, or other public commission or agency, or by said 
 city, and such commission or agency, or by either or both, and 
 any railroad or railway company occupying with tracks a por- 
 tion of such highway, is hereby declared to be specially bene- 
 fited by such improved paving to an extent greater than the 
 entire amount of the special tax hereby levied thereon. Said 
 property so benefited is hereby divided into three classes, to be 
 designated as Classes A, B and C. 
 
 Class A shall include all such landed property in the City 
 of Baltimore adjoining or abutting upon a public highway 
 paved with improved paving and having a width of not less 
 than thirty feet so paved. 
 
 Class B shall include all such landed property in the City of 
 Baltimore adjoining or abutting upon any public liighway 
 paved with improved paving and having a width of less than 
 thirty feet and not less than fifteen feet so paved. 
 
 Class C shall include all such landed property in the City of 
 Baltimore adjoining or abutting upon any public highway 
 paved with improved paving and having a width of less than 
 fifteen feet so paved. 
 
 The Appeal Tax Court of Baltimore is hereby authorized and 
 directed to proceed forthwith to classify and list for taxes as 
 provided by this Act for the year 1913 all landed property 
 in the City of Baltimore which on the first day of jSTovcnibor, 
 1912, was in the situation to come under the requirements of 
 either of said classes ; and thereafter on the first day of Novem- 
 ber of everv vear, and as soon thereafter as mav convenientlv
 
 526 
 
 be done, tliey shall add to said lists all landed property which 
 during the preceding year shall have come under either of said 
 classes. The said Court may classify property under this Act 
 as soon as it meets the requirements thereof, but the special 
 paving tax thereon shall not attach until the year following such 
 classification. 
 
 Before classifying and listing any property under the special 
 tax hereby provided, the said Appeal Tax Court shall give 
 notice to the owner of the said property, designating a certain 
 time when said owner may appear before said Court and be 
 heard in reference to the liability of said property for said tax, 
 and the class to which it properly belongs. All the provisions 
 of existing laws relating to notice to be given by the Appeal Tax 
 Court before changing the classihcation of property under the 
 Act of 1908, Chapter 286, and to appeals from the actions of 
 the Appeal Tax Court thereunder, shall be applicable to the 
 notice to be given by the Appeal Tax Court and to the right of 
 appeal from their actions under this Act. After having given 
 such owner reasonable notice and opportunity to be heard, as 
 herein provided, the Appeal Tax Court shall proceed to make 
 the classification as herein provided, and shall certify their 
 actions, in making classifications of property for the special tax 
 provided by this Act, to the City Collector in the same manner 
 as in cases of classifications of real and leasehold property in 
 the Annex for the different rates of taxation as provided under 
 the Act relating thereto ; and the said City Collector shall add 
 said special tax to the tax bill of the property as a separate item, 
 to be called "Special Paving Tax," and shall collect the same 
 in the same manner as ordinary taxes on real estate are collected. 
 All the provisions of existing laws and ordinances, and any 
 amendment or amendments thereto, relating to the lien of, dis- 
 counts, interest and penalty or other charges upon the ordinary 
 taxes on real estate, and the powers and duties of the City 
 Collector in regard to the collecting, keeping accounts of, ac- 
 counting for, and depositing such taxes, shall apply to the 
 special tax herein provided for, except where inconsistent with 
 some provision of this Act. On the first day of every month, 
 or next legal day if the first be Sunday or a holiday, the City 
 Collector shall account for and pay over to the Comptroller, 
 to be by him deposited with the City Kegister and to be placed 
 to the credit of the new paving fund provided for in the Acts 
 of 1906, Chapter 401, and 1008, Chapter 202, and to be exclu- 
 sively applicable to the cost of the work authorized by said acts 
 or by any amendment or amendments thereof, all the proceeds
 
 527 
 
 of the special tax herein levied which he shall have collected 
 during the preceding month. 
 
 1912, ch. 688, sec. 3. 
 841hh. DEFINITIOI^S. That ''improved paving" as nsed 
 in this Act, shall mean anv substantial smooth paving above the 
 grade of ordinary macadam, and shall include granite or bel- 
 gian blocks, vitrified brick or blocks, wood blocks, asphalt or 
 concrete blocks, sheet asphalt, bitulithic, bituminous macadam 
 and bituminous concrete. ''Paved'' shall include repaved as 
 to any public highway, not theretofore paved with improved 
 paving; and "Landed Property" shall mean real estate Avhether 
 in fee simple or leasehold and whether improved or unim- 
 proved. 
 
 1912, ch. 688, sec. 4. 
 841ii. That the amount of the special paving tax herein- 
 levied shall be as follows: On all property embraced in Class 
 A, fifteen cents (15c.) per year per front foot or lineal foot 
 adjoining or abutting upon the public highway. On all prop- 
 erty embraced in Class B, ten cents (10c.) per year per front 
 foot or lineal foot adjoining or abutting upon the public high- 
 way. On all property in Class C, five cents (5c.) per year per 
 front foot or lineal foot adjoining or abutting upon the public 
 highway. Provided, however, that in the case of any corner 
 property or property used only as a private dwelling adjoining 
 or abutting upon two public highways, one in front and the 
 other on the side, two-thirds of the number of lineal feet of 
 said property abutting on the highway on the side shall be 
 exempt from any tax under this Act. As to all corner property 
 other than private dwellings one-half of the number of lineal 
 feet of said property abutting on the highway on the side shall 
 
 be exempt from any tax under this Act. 
 
 This Act valid. Special assessments may be levied for improveraenis 
 previously made. 
 
 Leser v. Warner, 119 Md. 671. 
 Legislature may impose the cf»st of improving a street on the Jibuti ing 
 I)roperty by the front foot rule. Legislative determination that property 
 specially benefited binding if any reasonable ground to supi)ort it. 
 Bassett v. Ocean City. US Md. 115. 
 
 SURVEYOK. 
 
 p. C. L., (1860) Art. 37, sec. 48. P. L. L., (1860) Art. 4, sec. 865. 
 P. L. L., (1888) Art. 4. sec. 826. 
 
 842. A copy of the plat of the City of Baltimore from the
 
 528 
 
 record thereof in the Mayor's office, or from the record thereof 
 in the office of the Clerk of the Superior Court of Baltimore 
 City, duly certified under seal by the keeper of such records, 
 respectively, shall be evidence. 
 
 TAXES. 
 
 Limitations. 
 1S61, ch. 94. p. L. I.., (18SS) Art. 4, sec. 840. 
 
 843. All taxes now levied, or which hereafter may be levied 
 in the City of Baltimore, shall be collected within four years 
 from the levying of the same; and the collection of taxes shall 
 not be enforced by law after the lapse of said four years, and 
 the party from whom said taxes may be demanded may plead 
 this section in bar of any recovery of the same. Any person 
 enforcing or attempting to enforce the collection of any tax 
 after the lapse of four years, shall be liable to a penalty of 
 twenty dollars for each and every offence, recoverable before a 
 Justice of the Peace, in the name of the State, one-half to the 
 
 informer, the other half to the City of Baltimore. 
 
 M. & C. C. of Balto. V. rireenmount Cemetery. 7 Md. .517. Guiitlier v. 
 Mayor, 55 Md. 457. Gould v. Mayor, etc.. 58 Md. 46; 59 Md. 378. Hebb 
 V. Moore, 66 Md. 167. Perkins v. Dyer, 71 Md. 422. Condon v. Maynard, 
 71 Md. 604. Baden v. Perkins. 77 Md. 465. Duval v. Perkins, 77 Md. 
 591. Baldwin v. State, use of Hull, 89 Md. 587. B., C. & A. R. R. Co. 
 V. Wicomico Co., 93 Md. 113. 
 
 TENANT FOR YEARS OR LESS OR AT WILL. 
 
 I'. L. L., (1860) Art. 4, sec. 882. P. L. L., (1888) Art. 4, sec. 857. 
 
 844. 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. 
 
 Biggs V. Stueler. 93 Md. 100. 
 
 See notes of decisions in relation to sections 844 to 864, inclusive, of 
 this Article, on pages 1099 to 1103, inclusive, City Code, (1879). 
 
 Landlord and Tenant. Ninety days' notice was given by a landlord 
 to a tenant at will. This notice held sufficient. McElroy v. Wright, 
 Daily Record, March 7. 1889. The renting of a tenement for an indefinite 
 time, and an occupation thereof for a year, constitute a tenancy for a 
 year. — Lutz v. Lutz, Daily Record. July 9. 1889. Where the tenant 
 enters under a void lease, he will he held liable under a verbal agree- 
 ment of similar import as to terms to that expressed in writing. Ehrman 
 v. Lyman, Daily Record. July 18, 1889. An assignee of a leasehold 
 estate is liable for the rent which accrued after he executed an assign- 
 ment of the term and before the same was recorded. See, able opinion
 
 , \ 
 
 529 
 
 of Judge Duffy iu this case, affirmed in 75 Md., page 174. Nicljel v. 
 Brown. Daily Record, October 7. 1891. 
 
 When Landlord Cannot Petition in an Attachment Suit for Arrearages 
 of Rent. — Wlien right of distress does not exist, the landlord has no lien 
 entitling him to come into an attachment suit by petition as sanctioned 
 by Thompson v. Balto. Steam Packet Co., 33 Md. 318. and claim a 
 priority for rent in arrear. I'utman's Sons v. Van Buren, Daily Record, 
 November 27, 1890. 
 
 Landlord's Remedy for Rent when Tenant's goods are seized hi/ icrit 
 of attachment and goods sold under order of court. — Landlord should go 
 into court and claim payment of his rent as a prior lien on proceeds, by 
 reason of his quasi lien on the goods. Lutz v. Lutz. Daily Record, July 9, 
 1889. 
 
 P. L. L.. (1860) Art. 4. sec. 883. P. L. L., (1888) Art. 4, sec. 858. 
 
 845. If any land be held in said city under the lease for a 
 month, or any less period than a year, and the tenant continues 
 to occupy under such lease after its expiration, he shall be 
 deemed a tenant for such period as the premises were originally 
 leased to him, and so from such period to such period; and if 
 his landlord give him thirty days' notice before the termination 
 of any period of his tenancy, it shall terminate such tenancy. 
 
 Kinsey v. Minnick, 43 Md. 112. 
 
 P. L. L., (1860) Art. 4, sec. 884. P. L. L., (1888) Art. 4, sec. 859. 
 
 846. If land or tenements be held in said city by tenancy 
 at will, at sufferance or per autre vie, thirty days notice by the 
 landlord or reversioner to the tenant or occupant shall termi- 
 nate such tenancy at the expiration of thirty days. 
 
 P. L. L., (I860) Art. 4, sec. 885. P. L. L., (1888) Art. 4, sec. 860. 
 
 847. Any of the tenancies mentioned in the three preceding 
 sections may be terminated by the tenant giving notice to the 
 landlord thirty days previous to the end of the year, or other 
 period for which he holds the same. 
 
 Kinsey v. Haslup & Minnick. 43 Md. 112. Biggs v. Stueler, 93 Md. 100. 
 
 P. L. L., (1860) Art. 4, .sec. 886. P. L. L., (1888) Art. 4, sec. 861. 
 
 848. The notice required by the preceding sections shall be 
 in writing and served on the tenant, or left at his place of abode 
 or business, or served on his agent or servant, or served on any 
 occupant of the premises; and if there be no person living on 
 the premises the same may be served by being set upon a con- 
 spicious part of the premises. 
 
 Kinsey v. Minnick, 43 Md. 117. Biggs v. Stueler, 93 Md. 103.
 
 530 
 
 I'. L. L., (ISGO) Art. 4, sec. 887. P. L. L.. (1888) Art. 4, sec. 862. 
 
 849. Such notice shall be sufficient in form if it contains a 
 request by the landlord to the tenant to leave the premises, or if 
 it state the intention of the tenant to leave the same, and it need 
 not state the time when the tenant is requested to leave the same, 
 or when the tenant intends to do so. 
 
 p. L. L., (1860) Art. 4, sec. 888. P. L. L., (1888) Art. 4, sec. 863. 
 
 850. Such notice, without any additional notice, shall entitle 
 the landlord to the benefit of the law providing for the speedy 
 recovery of the possession of lands or tenements held over by 
 tenants . 
 
 P. L. L., (I860) Art. 4, sec. 889. P. L. L., (1888) Art. 4, sec. 864. 
 
 851. If by agreement of the parties the time and manner 
 of notice is specified, such notice shall be given as the agree- 
 ment provides,' and when given by the landlord, shall entitle 
 him to all the benefits of the preceding sections without any 
 other notice. 
 
 1861, ch. 96. P. L. L., (1888) Art. 4, sec. 865. 
 
 852. One Justice of the Peace of said city shall have all the 
 powers conferred upon two justices and a jury by the Public 
 General Laws in relation to landlords and tenants, subject to 
 appeal as in other cases of judgments by Justices of the Peace in 
 said city. 
 
 Miller v. Duvall, 26 Md. 51. 
 
 P. L. L., (1860) Art. 4, sec. 891. P. L. L., (1888) Art. 4, sec. 866. 
 
 853. If the summons issued for the tenant in a proceeding 
 to dispossess him be returned no7i est, a second summons, re- 
 turnable in not less than five days shall be issued, and if the 
 tenant shall not be found, a copy of the second summons shall 
 be left with the occupant of the premises, or if they be vacant, 
 affixed to some principal building, or if no building, then set 
 up on the premises ; and on the day assigned in the summons 
 for the appearance of the party the Justice shall proceed as if he 
 had appeared, 
 
 P. L. L., (1860) Art. 4. sec. 892. P. L. L., (1888) Art. 4, sec. 867. 
 
 854. The landlord or reversioner may file with the Justice 
 interrogatories to be answered by the tenant touching the ten- 
 ancy or notice, or for any other matter of evidence in support of
 
 531 
 
 the pretensions of said landlord or reversioner, in and about 
 such proceeding. 
 
 P. L. L., (I860) Alt. 4. sec. 893. P. L. L., (1888) Art. 4, sec. 868. 
 
 855. If a copy of such interrogatories be served on the 
 tenant, he shall answer the same befc^-e the third day, exclusive 
 of the day of service; and upon his failure to answer the mat- 
 ters inquired of by such interrogatories, they shall be taken as 
 confessed by him; but on cause shown, the Justice may give 
 further time for answering, not exceeding eight days in the 
 whole, from and exclusive of the dav of service. 
 
 p. L. L., (1860) Art. 4, sec. 894. P. L. L., (1888) Art. 4, sec. 869. 
 
 856. The copies of said interrogatories may be served in 
 the same manner that notices to quit are directed to be served. 
 
 P. L. L., (I860) Art. 4, sec. 895. P. L. L., (1888) Art. 4, sec. 870. 
 
 857. If in any proceeding by a landlord to dispossess a 
 tenant the judgment be in his favor, the Justice shall assess 
 against the tenant holding over the premises, damages not ex- 
 ceeding double the rate of the rent of said tenancy, and also for 
 the expenses of said landlord or reversioner in ajid about said 
 proceeding, over and above the legal costs thereof, and shall 
 render a judgment therefor in favor of the lessor or reversioner, 
 to be enforced by execution. 
 
 Under this section (857), it is the duty of the Court to assess against 
 a tenant holding over, damages not exceeding double the rate of rent 
 of the tenancy, and also such further sum for the expenses of the laud- 
 lord in and about said proceedings over and above the legal costs therein. 
 McElroy v. Wright, Daily Record. March 7, 1889. 
 
 P. L. L., (1860) Art. 4, sec. 896. P. L. L., (1888) Art. 4, sec. 871. 
 
 858. If the Justice shall find against the landlord or re- 
 versioner he shall assess such damages as he shall deem just to 
 be paid by him to the tenant, for which, and costs, judgment 
 shall be rendered and enforced as aforesaid. 
 
 Miller v. Duvall, 26 Md. 51. 
 
 P. L. L., (1860) Art. 4, sec. 899. P. L. L., (1888) Art. 4, sec. 872. 
 
 859. In all cases the tenancy mentioned in this sub-division 
 of this Article, if the tenant, after notice, fail to quit. at the end 
 of the term, or at a period when he shall begin as aforesaid to 
 be holding over, such tenant, his executors or administrators, 
 may, at the election of the lessor, his heirs, executors, adminis-
 
 532 
 
 trators 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 eltect as if, by the origi- 
 nal agreement or the understanding as to such tenancy, said 
 double rent were the resei'ved rent of the demised premises, 
 according to the terms and conditions of payment of such origi- 
 nallv reserved rent. 
 
 P. L. L., (1860) Art. 4, sec. 900. P. L. L., (1888) Art. 4, sec. 873. 
 
 860. An appeal may be prosecuted from any judgment of 
 a Justice of the Peace rendered under the provisions of this 
 sub-division of this Article to the Baltimore City Court, in the 
 manner and under the rules prescribed in cases within the ordi- 
 nary jurisdiction of Justices of the Peace; the tenant, or his 
 executors or administrators, in order to stay any executions 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. 
 
 Miller v. Duvall, 26 Md. 47. Gelston v. Sigmund, 27 Md. 334. Mears 
 V. Remare, 33 Md. 246. Same v. Same, 34 Md. 333. 
 
 P. L. L., (1860) Art. 4, sec. 901. P. L. L., (1888) Art. 4, sec. 874. 
 
 861. Such cases shall not be removable to the Baltimore 
 City Court, at any stage thereof, save by and upon appeal as 
 aforesaid. 
 
 r. L. L., (I860) Art. 4, sec. 902. P. L. L., (1888) Art. 4, sec. 875. 
 
 862. No proceeding to dispossess a tenant holding over, had 
 before any Justice of the Peace and removed by appeal to the 
 Baltimore City Court, shall by such Court be reversed or set 
 aside for matter of form ; and any case thus removed by appeal, 
 if the proceeding thereunder shall be set aside or appear to be 
 substantially defective, shall be proceeded with in said Court 
 in the same manner and to the same effect, upon the claim and 
 complaint and merits, and upon evidence to be adduced therein 
 as it was or might have been competent to said Justice of the 
 Peace to have proceeded therewith. 
 
 P. L. L., (1860) Art. 4. sec. 903. P. L. L., (1888) Art. 4, sec. 876. 
 
 863. Every such appeal shall be tried and finally determined 
 and proceeded with at the first term to which such case shall
 
 533 
 
 be removed to tlie said court, unless for cause shown upon affi- 
 davit the court shall otherwise order. 
 
 Mears v. Remare, 33 Md. 251. 
 
 P. L. L.. (1860) Art. 4, sec. 904. P. L. L., (1888) Art. 4, sec. 877. 
 
 864. The provisions of the preceding sections of this sub- 
 division of this Article, relating to tenants holding over, shall 
 extend to the heirs, executors and assigns of lessors and rever- 
 sioners, and to the executors and all persons holding under 
 tenants, and to all cases where there are two or more tenants, 
 in which case each tenant shall be entitled to the notices and 
 the benefit of each condition contained in the preceding sec- 
 tions of this sub-division of this Article. 
 
 VAGKANTS, PAUPERS, BEGGARS, VAGABONDS Al^D 
 DISORDERLY PERSONS. 
 
 p. L. L., (1860) Art. 4, sec. 907. P. L. L., (1888) Art. 4, sec. 878. 
 
 865. The Judge of the Criminal Court of Baltimore, or any 
 Justice of the Peace of the City of Baltimore, upon informa- 
 tion that any person in said city is a pauper, an habitual beggar, 
 a vagrant, a vagabond or disorderly person, shall issue a war- 
 rant or order, to be directed to the Sheriff or any constable or 
 police ofiicer of said city, commanding him to bring the person 
 against whom the information is given, before said Court or 
 said Justice on a day to be named therein, not more than one 
 week from the date of the warrant, to answer to the said charge. 
 
 P. L. L.. (1860) Art. 4, sec. 908. P. L. L.. (1888) Art. 4, sec. 879. 
 
 866. Every person who has no visible means of maintenance 
 from property or personal labor, or is not permanently sup- 
 ported 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 outhouses, market-places, or other public buildings or 
 places, or in the open air, and has no permanent place of abode, 
 or visible means of maintenance, shall be deemed a vagrant; 
 and every person who leads a dissolute and disorderly course of 
 life, and cannot give an account of the moans by wliicli he pro- 
 cures a livelihood, and (n-ery fortune-teller or common gambler, 
 shall be deemed a vagabond or disorderly person.
 
 534 
 
 -See, opinion of Harlan, C. J., in re State v. Carrie Parkburst, Part II 
 of tlie Criminal Court of Baltimore, declaring section 4 of Article 38, 
 Baltimore City Code (1893), in conflict with sections 866-872 inclusive 
 of the City Charter, and therefore invalid. Docket of 1901, case 1028. 
 
 Criminal Court, — Jurisdiction of. — In cases of vagrancy, the Criminal 
 Court of Baltimore City has appellate jurisdiction only ; on a conviction 
 before a Justice of the Peace, the accused may appeal to the Criminal 
 Court. Adams v. Superintendent House of Refuge, Daily Record, April 
 3, 1903. 
 
 1888, ch. 284. P. L. I... (1S8S) Art. 4, sec. 880. 
 
 867. Police officers, acting on the request of any person, or 
 upon their own information or belief, shall, without a warrant, 
 arrest and carry before a station house Justice for examination 
 any such pauper, habitual beggar, vagrant, vagabond or disor- 
 derly person, and make complaint against him; provided, that 
 in all cases where such arrest is made on request of any person 
 and without warrant, the officer making the arrest shall require 
 the person requesting it to forthwith appear before said Justice 
 and prefer a charge, under oath, against the person so arrested. 
 
 I'. L. I.., (1860) Art. 4, sec. 909. P. L. L., (1888) Art. 4, sec. 881. 
 1890, ch. 196. 1900, ch. 677. 
 
 868. The said Court or said Justice, upon proof that any 
 person is a pauper, an habitual beggar, a vagrant, or a vagabond 
 as aforesaid, shall in the discretion of the said Court or Justice 
 commit said pauper, habitual beggar, vagrant or vagabond to 
 the Maryland House of Correction, or to such other suitable 
 place as may hereafter be provided for said purpose by the 
 Mayor and City Council of Baltimore ; provided, that any per- 
 son found to be a pauper or an habitual beggar who may not be 
 able-bodied, but aged, or seriously crippled or infirm, may in 
 the discretion of said Court or Justice be committed to the alms- 
 house of said city ; and that any minor committed under this 
 section may be sent to any reformatory institution to which 
 minors may be committed under Article 27 of the Code of Pub- 
 lic General Laws. 
 
 P. L. L.. (1800) Art. 4. sec. 910. P. L. L., (1888) Art. 4. sec. 882. 
 
 869. Whenever any house of refuge, house of correction, 
 workhouse or other house, building or place shall be provided by 
 the Mayor and City Council of Baltimore, to which persons 
 convicted under this sub-division of this Article may be sent, the 
 said Court or said Justice may send them to any such house, 
 building or place, if the Judge of said Court or said Justice con-
 
 535 
 
 sider it to be a more suitable place foi- the purpose than the 
 Almshouse. 
 
 P. L. L., (1860) Art. 4, sec. 911. P. L. L., (ISSS) Art. 4, sec. SS3. 
 
 870. The Supervisors of City Charities, or the officers of 
 places respectively to which persons convicted under the two 
 preceding sections may be sent, shall keep them during the time 
 for which they are to be kept, so that they cannot escape from 
 said places. 
 
 P. L. L., (1860) Art. 4, sec. 912. P. L. L., (1888) Art. 4, sec. 884. 
 
 871. The said Supervisors of City Charities or other officers 
 respectively shall put such of said persons so convicted as are 
 able to work, to the work which they are best able to do. 
 
 P. L. L., (1860) Art. 4, sec. 913. P. L. L., (1888) Art. 4, sec. 885. 
 
 1890, ch. 196. 
 
 872. The time for which any person shall be sent to the 
 almshouse, the Maryland House of Correction or other place, 
 as provided by section 868 of this Article, shall not be less than 
 one week nor more than two months for the first conviction, and 
 not less than one month nor more than six months for the second 
 conviction, and not less than six months nor more than twelve 
 months for the third or any subsequent conviction. 
 
 P. L. L., (I860) Art. 4, sec. 914. P. L. L., (ISSS) Art. 4, sec. 886. 
 
 873. The Supervisors of City Charities or the managers of 
 the House of Refuge or officers of the other places to whiel 
 
 persons may be sent as aforesaid, shall respectively have the 
 right to make all proper rules and regulations for the purpose 
 of carrying out the aforesaid provisions. 
 
 P. L. L., (1860) Art. 4, sec. 915. P. L. L., (1888) Art. 4, sec. 887. 
 
 874. Whenever any minor shall be brought before the Judge 
 or J ustice as aforesaid, the parents or guardians of such minor, 
 if they be resident within the City of Baltimore, and their 
 names and place of residence be made known to such Judge or 
 Justice, shall be summoned to show cause, if any they have, wliy 
 such minor should not be sent to the almshouse or other suitable 
 place, or be otherwise punished according to law. 
 
 P. L. L., (1S60) Art. 4. sec. 916. P. L. L.. (1888) Art. 4. sec. 888. 
 
 875. The said Judge or Justice shall, if a suitable master 
 or mistress can be found, and he judges it best for the minor,
 
 536 
 
 bind such minor an apprentice to some useful art, trade or oc- 
 cupation, in the same manner and on the same conditions as 
 apprentices may now be bound by the laws of this State. 
 
 P. L. L., (1860) Art. 4, sec. 917. P. L. L., (1888) Art. 4, sec. 889. 
 
 876. Every unmarried male under twenty-one years of age, 
 and unmarried female under eighteen years of age, shall be 
 considered minors within the meaning of the preceding section. 
 
 P. L. L., (1860) Art. 4. sec. 918. P. L. L., (1888) Art. 4, sec. 890. 
 
 877. The Orphans' Court of Baltimore City shall have con- 
 current jurisdiction over all cases of minors under the preceding 
 sections of this sub-division of this Article, and exercise all 
 the powers in relation to them which are hereinbefore granted 
 to the Criminal Court and to Justices of the Peace of said city. 
 
 P. L. L., (1860) Art. 4, sec. 919. P. L. L., (1888) Art. 4, sec. 891. 
 
 878. The Criminal Court of Baltimore shall try all cases 
 which may be brought before it in relation to vagrants and beg- 
 gars, in the same manner and at the same time as cases for 
 assault and battery are now tried by said Court ; provided, 
 that the trial shall be by jury, if demanded by the party charged. 
 
 P. L. L., (1860) Art. 4, sec. 920. P. L. L., (1888) Art. 4, sec. 892. 
 
 879. If in any case which may be brought before a Justice of 
 the Peace, or before the Orphans' Court, the party charged 
 shall demand a jury trial, the said Justice or said Court shall 
 certify said case to the Criminal Court of Baltimore, to be 
 proceeded with and tried by said Court in the same manner 
 as if the case had been originally brought before said Court. 
 
 P. L. L., (1860) Art. 4, sec. 921. P. L. L., (1888) Art. 4, sec. 893. 
 
 880. The Justice of the Peace and the Clerk of the Crimi- 
 nal Court and Register of Wills of the Orphans' Court afore- 
 said, respectively, shall receive the sum of twenty-five cents for 
 issuing every warrant, and fifty cents for making out every com- 
 mitment or indenture of apprenticeship of such vagrants or beg- 
 gars ; and the constable, sheriff or police officer, for serving said 
 warrant and bringing the person charged before either of said 
 Courts, or before said Justice, shall receive the sum of fifty 
 cents, and for carrying any person committed to the place of 
 commitment, the sum of fifty cents, which several sums shall be 
 paid as other costs in criminal cases are now paid ; but either of 
 said Courts or said Justice may at discretion, adjudge that the
 
 537 
 
 said costs shall be paid by the informer, in cases where the 
 person charged is acquitted. 
 
 VAGRANT, DEPENDENT AND VICIOUS CHILDREN. 
 
 1878, ch. 473. P. L. L., (1888) Art. 4, sec. 894. 
 
 881. No minor, if a girl, under the age of sixteen years, and 
 if a boy, under the age of fourteen years, shall be admitted or 
 permitted to remain in any saloon, place of entertainment or 
 amusement known as dance-houses, concert saloon, theatre or 
 varieties, where immoral, indecent, obscene or vulgar language, 
 display or performance is permitted, allowed or carried on, or 
 where any spirituous liquors, wines, intoxicating or malt liquors 
 are sold, exchanged or given away, unless accompanied by 
 parents or guardian. Any proprietor, keeper or manager of 
 any such place who shall admit such minor to or permit him 
 or her to remain in such place, unless accompanied by parent 
 or guardian, shall be guilty of a misdemeanor, and shall, upon 
 conviction by any court of competent jurisdiction, be lined ten 
 dollars and costs for each and every offence. 
 
 1878, ch. 473. P. L. L., (1888) Art. 4, sec. 895. 
 
 882. Every person having the custody of any girl under the 
 age of sixteen years and of any boy under the age of fourteen 
 years shall restrain such child from habitually begging, whether 
 actually begging or under the pretense of peddling. Any per- 
 son offending under this section shall be considered and deemed 
 as incapable of taking care of and providing for such child, and 
 such child, by reason thereof, be deemed as coming within the 
 conditions of the next succeeding section. 
 
 1878, ch. 473. P. L. L., (1888) Art. 4, sec. 896. 
 
 883. Any girl apparently under the age of sixteen years, 
 and any boy apparently under the age of fourteen years, that 
 comes within any of the following descriptions named : that is 
 known to be habitually begging or receiving alms, whether 
 actually begging or under the pretence of peddling or offering 
 for sale anything, or being in any street, road or public place 
 for the purpose of so begging, gathering or receiving alms ; 
 that is found wandering and not having any home or settled 
 place of abode or proper guardianship or visible means of sub- 
 sistence; that is found destitute, either being an orphan or hav- 
 ing a vicious parent who is undergoing penal servitude or im- 
 prisonment ; that frequents the company of reputed thieves or 
 prostitutes, or houses of assignation or prostitution, or dance-
 
 538 
 
 houses, concert saloons, varieties, or places specified in section 
 881 hereof, without a parent or guardian, shall be arrested and 
 brought before a Court or Justice of the Peace. When, upon 
 examination before a Court or Justice of the Peace it shall ap- 
 pear that any such child has been engaged in any of the afore- 
 said acts, or comes within any of the aforesaid descriptions, such 
 Court or Justice, when he shall deem expedient for the welfare 
 of the child, shall commit such child to an orphan asylum, 
 charitable or other institute, or make such other disposition 
 thereof as now is or may hereafter be provided by law in case 
 of vagrants, truant, disorderly, pauper or destitute children ; 
 provided, however, that none of the provisions of this sub-divi- 
 sion of this Article shall be construed so as to prevent children 
 from selling or offering for sale newspapers. 
 
 1878, ch. 473. P. L. L., (1888) Art. 4, sec. 897. 
 
 884. Any person representing himself or herself to be, or 
 passing himself or herself off as the parent or guardian of a 
 child or children referred to in any of the aforesaid sections of 
 this sub-division of this Article, when it shall appear that such 
 person is not either the parent or guardian of said child, shall 
 be deemed guilty of a misdemeanor, and upon conviction by any 
 court of competent jurisdiction shall be fined not more than 
 twenty dollars and costs for each and every offence. 
 
 BOYS' HOME. 
 
 1874, ch, 68. P. L. L., (1888) Art. 4, sec. 898. 
 
 885, The special objects and purposes of the Boys' Home 
 Society shall be to shelter and protect destitute and homeless 
 boys, to furnish them with food, raiment and lodging, to 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 
 vagrancy and ignorance, to raise them up into a better life of 
 virtue, industry and usefulness, and generally to stand in the 
 relation of parent to such homeless boys. 
 
 ST. MARTHA'S EPISCOPAL HOUSE. 
 
 1898, ch. 151. ,,:„..,., a),;: s -v.- 
 
 885a. The Mayor and City Council of Baltimore is auth- 
 orized and empowered to appropriate annually the sum of five 
 hundred dollars to pay for the conduct and management of 
 Saint Martha's Episcopal House, in the City of Baltimore.
 
 539 
 
 1874, ch. 68. V. L. L., (1S8S) Art. 4, sec. 899. 1900. eli. 742. 
 
 886. The Boys' Homo, the Dohiii Children's Aid Society, 
 the Hebrew Orphan Asyhim, the Home of the Friendless, St. 
 Vincent's Orphan Asyhim and the Henry Watson Children's 
 Aid Society have the powers and anthority conferred by the 
 General Laws upon juvenile institutions and societies. 
 
 1902, ch. 611. 1904, ch. 514. 1906. ch. 263. 1912, ch. 618. 
 
 886A. The Supreme Bench of Baltimore City shall appoint 
 five persons of either sex to serve during its pleasure, who shall 
 be known as "Probation Officers for Delinquent and Dependent 
 Children," each of said persons shall receive from the Mayor 
 and City Council of Baltimore a salary of twelve hundred dollars 
 per anniun payable monthlv. The said probation officers herein 
 provided for are officers of the Court presided over by the 
 magistrate for juvenile causes provided for by section 623A 
 of Article 4 of the Code of Public Local Laws, and shall be at 
 times subject to the orders and directions and shall be under 
 the supervision of said magistrate. They are also deemed 
 officers of the various courts presided over by the judges of the 
 Supreme Bench of Baltimore City and when acting or per- 
 forming functions for such courts are subject to their orders and 
 directions. In the execution of their office they are vested with 
 all the privileges and authority of conservators of the peace. 
 The Supreme Bench may also appoint from time to time addi- 
 tional probational officers for delinquent and dependent chil- 
 dren in such number as may be deemed necessary, to serve 
 without pay during the pleasure of said Court. Such addi- 
 tional probational officers are subject to the same orders and 
 directions, are under the same supervision and are vested with 
 the same authority as are the regularly appointed paid pro- 
 bational officers herein provided for. 
 
 1902, ch. 611. 1904, ch. 514. 1912, ch. 618. 
 
 886B. In any proceeding before any of the courts of the 
 Supreme Bench of Baltimore City or before the magistrate for 
 juvenile causes, involving a hearing, trial, detention, custody 
 or commitment, of any minor one or more of the probation 
 officers provided for by section 1 of this Article and designated 
 by the court or magistrate aforesaid before whom such proceed- 
 ings are had, shall make such investigation and make return 
 thereof as may be required by said court or magistrate aforesaid 
 and shall execute such further orders and directions as said 
 court or magistrate may from time to time require. At any
 
 540 
 
 stage of the proceedings in the case of a minor who is charged 
 with the commission of any crime or whose care, commitment 
 or custody is involved before said courts or magistrate, said 
 courts or magistrate may suspend sentence, final judgment or 
 further proceedings for such period of time or for an indefinite 
 period of time as may be deemed necessary, and place said 
 minor on probation in the care of and under the supervision 
 and direction of one or more of the probation officers herein 
 provided for; and at the time of suspension of sentence or 
 further proceedings, or subsequent thereto, the said court or 
 magistrate may impose such terms and conditions as may be 
 deemed proper and necessary. Any minor placed on probation 
 is deemed a probationer. 
 
 1912, ch. G18. 
 
 886C. The courts aforesaid and the magistrate for juvenile 
 causes are hereby authorized and empowered to place any minor 
 who may be on probation as herein provided for in the custody 
 of such person or persons for such period of time as may be 
 deemed for the best interest and welfare of said minor if it 
 shall appear that the present custodian or parent is not a fit 
 person to have the custody of such minor, or that it would be 
 conducive to the best interests of such minor to have a change of 
 custodian. Any person or persons who may in any manner 
 whatsoever interfere with any probation officer for delinquent 
 and dependent children in the proper discharge of his or her 
 duties, or who may interfere with any person or persons in 
 whose custody any minor may be placed as aforesaid or who 
 may interfere with or attempt in any manner to entice any 
 minor from such custody, shall be guilty of a misdemeanor 
 and on conviction thereof shall be fined not less than five nor 
 more than fifty dollars for each offense. 
 
 1912, ch. 618. 
 
 886D. The probation officers herein provided for shall have 
 the power to bring any minor or minors who may be on proba- 
 tion as aforesaid before the Court or magistrate for juvenile 
 causes, by a process of warrant duly sworn to charging him or 
 them with violation of the terms or conditions of their probation, 
 or by subpoena directed to them, for further proceedings and 
 when such action is taken the Court or magistrate aforesaid may 
 continue proceedings and finally dispose of the same as fully as 
 could have been done had there been no suspension of sentence 
 or proceedings in the first place ; provided, however, that in any
 
 541 
 
 case where a full trial or hearing has not been had and the 
 charge or crime has not been fully shown, sustained or deter- 
 mined before suspension of sentence or further proceedings, the 
 Court or magistrate aforesaid shall hear the case de novo or in 
 finis, before sentence is passed or a final disposition of the case is 
 made. 
 
 1012. ch. 618. 
 
 886E. The Court or magistrate aforesaid shall have the auth- 
 ority to extend the term of probation at any time for such addi- 
 tional period as may be deemed proper and may attach thereto 
 the same or additional terms and conditions as were originally 
 attached or may at any time dismiss the probationer and the pro- 
 ceedings in which sentence or further proceedings were origi- 
 nally suspended. 
 
 1912, ch. 618. 
 
 886F. The magistrate for juvenile causes is hereby auth- 
 orized to appoint a person as stenographer and typewriter to 
 serve during his pleasure who shall receive from the Mayor and 
 City Council of Baltimore, a salary of six hundred dollars 
 per annum, payable monthly. Said person shall perform such 
 duties as said magistrate may require. 
 
 887-899. Sections 887 to 899, inclusive, repealed by Act 
 1900, Chapter 742. 
 
 WAITKESSES IN PLACES OF PUBLIC AMUSEMENT. 
 
 1864. ch. 399. P. L. L., (1888) Art. 4, sec. 913. 
 
 900. It shall not be lawful for any proprietor, lessee or 
 manager of any theatre, museum or other place of amusement, 
 to employ women or girls as waiters, or to permit them to act 
 in such theatre or place of amusement, or among the audience 
 or frequenters of such theatre or place of amusement as waiters, 
 or for the purpose or under the pretense of selling, serving, re- 
 ceiving orders or pay for spirituous or malt liquors, wines, lager 
 beer, or any other refreshments or merchandise. 
 
 1864, ch. 399. P. L. L., (1888) Art. 4, sec. 914. 
 
 901. Any person violating the provisions of the preceding 
 section shall be deemed guilty of a misdemeanor, and on con- 
 viction tliereof in the Criminal Court of Baltimore, shall be 
 sentenced to pay a fine of not less than one hundred nor more
 
 542 
 
 than one tlionsand 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 Conrt, and to forfeiture 
 of license, one-half the fine to be paid to the informer and the 
 other half to the State. 
 
 WATER. 
 
 Lake Roland, Beservoir and Dams. 
 1870, ch. 25. P. L. L.. (1S8S) Art. 4, sec. 931. 1910, cli. 674. 
 
 902. If any person shall wilfnlly pollnte or tend to pollute 
 the water in any lake, dam or reservoir, line of conduit, water- 
 pipe, gate-house or other work constructed or used for supply- 
 ing the City of Baltimore with water, by swimming, bathing or 
 washing therein, or by washing or causing to be washed there- 
 in, or so near thereto as to tend to pollute the water therein, 
 any clothes, the skin of any dead animal or any impure, fetid 
 or noxious animal or vegetable matter, or shall throw or cause to 
 be thrown therein, or so near thereto as to tend to pollute 
 the water therein, any impure, fetid or noxious animal or vege- 
 table matter, the person so offending shall forfeit and pay a 
 sum not less than five nor more than fifty dollars for each 
 offense. 
 
 Mayor v. Warren Mfg. Co., 59 Md. 96. 
 
 1870, ch. 25. P. L. L., (1888) Art. 4. sec. 932. 1910, ch. 674. 
 
 903. If any person shall erect or cause to be erected any 
 privy, hog-pen, bleaching or dyeing establishment, or other 
 thing over any lake, dam, reservoir, line of conduit, water-pipe, 
 gate-house or other work constructed or used for supplying the 
 City of Baltimore with water or so near thereto as to tend to 
 pollute or discolor the water therein, the person so offending 
 shall forfeit and pay a sum not exceeding fifty dollars, and the 
 further sum of ten dollars for each and every day the same 
 shall remain after notice to remove the same shall have been 
 given. 
 
 1861, ch. 240. p. L. L., (1888) Art. 4, sec. 933. 
 
 904. If any person shall injure, or cause to be injured, de- 
 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 shall 
 forfeit and pay a sum not less than five nor more than fifty 
 dollars for each offense.
 
 543 
 
 1861, ch. 240. P. L. L., (ISSS) Art. 4, sec. 934. 
 
 905. All fines and forfeitures imposed by the preceding 
 section shall be recoverable bv warrant before any Justice of the 
 Peace in and for the City of Baltimore, or in and for Balti- 
 more County, according to the respective jurisdiction under 
 which any of the offenses herein set forth may be committed ; 
 one-half to the informer and the other half to the Mayor and 
 City Council of Baltimore. 
 
 ISUl. eh. 240. r. L. L., (ISSS) Art. 4, sec. 935. 
 
 906. The two preceding sections shall not be construed to 
 exempt any person who may have been fined for a violation 
 thereof, or who may be charged with a violation thereof, from 
 an action of damages for any injury or destruction of any part 
 of the works used in supplying the City of Baltimore with 
 water, in any suit for damages on account of said injury, brought 
 bv the Mayor and City Council of Baltimore. 
 
 PKOVISOES LIMITING THE OPERATION AND 
 EFFECT OF THIS ARTICLE. 
 
 1898, ch. 123, sec. 2. 
 
 Section 2. This Act (1898, ch. 123) shall not affect or 
 impair any right vested or acquired and existing at the time of 
 the passage of said Act ; provided, that this section shall not be 
 construed to make irrepealable or irrevocable any right which 
 before the passage of this Act was repealable or revocable; nor 
 shall said Act impair, discharge or release any contract, obliga- 
 tion, duty, liability or penalty whatever now existing. All suits 
 and actions, both civil and criminal, pending or which may 
 hereafter be instituted for causes of action now existing or 
 offenses already committed against any law or ordinance re- 
 pealed by this Act, shall be instituted, proceeded with and 
 prosecuted to final determination and judgment as if this 
 Act had not been passed. No tax levied or any proceeding taken 
 for the collection of any such tax or the enforcement of the 
 payment of the same, before the passage of this Act, or the taxes 
 levied for the year eighteen hundred and ninety-eight, if levied 
 after the passage of this Act, shall in any manner be affected 
 by the passage of this Act, and the mode of procedure in any 
 such matter shall be the same as if this Act had not been passed. 
 
 Kr)I)insoii V. Baltimore City, 93 Md. 208. Raltiiiiore City v. Bulto. Co. 
 W. .'c E. Co., 95 Md. 242.
 
 544 
 
 1898, ch, 123, sec. 3. 
 
 Section 3. All laws now in force relating or applicable to 
 the Mayor and City Council of Baltimore or the City of Balti- 
 more, and not included in this Act, and not inconsistent with 
 said Act, and all ordinances of the Mayor and City Council 
 of Baltimore now in force and not inconsistent with this Act, 
 shall be and they are hereby continued until changed or re- 
 pealed, respectively, by the General Assembly of Maryland 
 or the Mayor and City Council of Baltimore; provided, that 
 all Acts or parts of Acts passed at the session of the General 
 Assembly of Maryland in the year eighteen hundred and ninety- 
 eight, relating to the Mayor and City Council of Baltimore, 
 or the City of Baltimore, or in any manner amending or adding 
 to Article 4 of the Code of Public Local Laws, as said Article 
 existed before the passage of this Act, shall in no wise 
 be affected by the passage of this Act, but all such laws shall 
 have the same force and effect as if this Act had not been 
 passed. The provisions of this Act shall not have the effect to 
 enlarge or extend in any manner the rights or privileges of the 
 Mayor and City Council or other authorities of the City of 
 Baltimore outside of the limits and boundary of said city, 
 beyond or in addition to those now limited to, and exercised 
 by said city under the present laws. 
 
 U. Rys., etc. Co. v. Hayes, 92 Md. 490. Baltimore City v. Stewart, 92 
 Md. 553. Robinson v. Balto. City, 93 Md. 208. Balto. City v. Balto. Co. 
 W. & E. Co., 95 Md. 243. Bostock v. Sams, 95 Md. 400. 
 
 1898, ch. 123, sec. 4. 
 
 Section 4. All officers provided for or named in said Act, 
 whether by election or appointment, shall continue to hold, 
 exercise and discharge the duties of their respective offices, until 
 they shall be superseded under the provisions of said Act, and 
 until their successors shall be duly qualified, and nothing con- 
 tained in said Act shall be construed to interfere with the 
 continuity of the terms or tenure of any of said officers; nor 
 shall a re-appointment or re-election of any of said officers be 
 necessary in order to secure the said continuity of their said 
 terms and tenures of office, unless otherwise provided in said 
 
 Act. 
 
 Robinson v. Balto. City, 93 Md. 208. 
 
 The Act of 1898, ch. 123 was approved March 24, 1898.
 
 545 
 APPENDIX. 
 
 AK ACT TO ENLARGE THE BOUNDS OF 
 BALTIMORE CITY. 
 
 1816, ch. 209. 
 
 Section 1. Be it enacted by the Geyieral Assembly of Mary- 
 land, That the precincts of Baltimore City, and all that part of 
 Baltimore County which is included in the following metes and 
 bounds, shall be, and are hereby annexed to, and made part of, 
 the City of Baltimore; that is to say, 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 west- 
 wardly six hundred and forty perches from the same point, on 
 the east, by a line binding on the east side of said road, to the 
 Philadelphia post road, and from the Philadelphia post road, 
 by a straight line, to the northeast corner of the Lazaretto lot, 
 including said lot, and then with the lines of said lot to the 
 Patapsco River, on the south by a line drawn from the Patapsco 
 River, at the termination of the last mentioned line, to the most 
 southern part of Whetstone Point, on the main branch of 
 the Patapsco River, and running with and bounding on the 
 said main branch, excluding the land ceded to the United 
 States on Whetstone Point, for the uses of a fort, to the place 
 called the Ferry Point, being the junction of the said main 
 branch with the middle branch aforesaid, and thence due west 
 to the western side of the middle branch aforesaid, and on the 
 west by a line running from the termination of the last men- 
 tioned line on the western shore of the middle branch, and bind- 
 ing on the said shore to the north of Gwynn's Falls, thence 
 up and with the southwest side of Gwynn's Falls to a point 
 opposite to the mouth of Gwynn's Run, thence with a straight 
 course to the mouth of Gwynn's Run, and thence with a straight 
 line to the end of the aforementioned six hundred and forty 
 perch .line. 
 
 2. And he it enacted. That all the provisions of the act, 
 entitled "An act to erect Baltimore-town, in Baltimore County, 
 into a city, and to incorporate the inhabitants thereof," and of 
 all the acts supplementary and in addition to the said act, 
 shall be and hereby are extended and applied to the present 
 
 (17)
 
 546 
 
 precincts of the City of Baltimore, and the part of Baltimore 
 County included within the bounds and limits described in the 
 preceding section, and to the inhabitants thereof; provided 
 always, that nothing in this Act shall be construed to prevent 
 any of the turnpike road companies heretofore incorporated, 
 from keeping up any gate or gates now established, or from 
 establishing others as authorized by law, before the passing of 
 this Act, or from receiving and collecting the tolls heretofore 
 allowed and established. 
 
 3. Aiid be it enacted. That the Mayor and City Council of 
 Baltimore shall be, and hereby are authorized and required, 
 to cause the metes and bounds described in the first section of 
 this Act, to be forthwith surveyed and distinctly marked, and 
 suitable boundary stones, marked as boundaries of the said 
 city, to be placed at the beginning and at the termination of each 
 line; and boundary stones marked as aforesaid, and not at a 
 greater distance than fifty perches from each other, to be placed 
 on all the lines which are not in the water, and do not run with 
 some natural boundarv; and that the said Mavor and Citv 
 Council shall cause two plots of the said survey to be made and 
 duly certified, one of which to be returned to, and recorded in, 
 the office of the Clerk of Baltimore Countv Court, among; the 
 land records of the said county, and the other shall be returned 
 to, and recorded in, the office of the Mayor of said city, and 
 copies of the said plots, duly certified by the keepers of the said 
 records for the time being, respectively, and under their respec- 
 tive seal of office, shall be admitted as evidence in all courts 
 of justice within the State. 
 
 4. And he it enacted. That the Mayor and City Council of 
 Baltimore shall cause the precincts of the said city, and that 
 part of Baltimore County which is by this Act annexed thereto, 
 forthwith to be divided and laid off into such numbers of new 
 wards as to give to each, as nearly as may be, the same number 
 of inhabitants with the present wards respectively, and such 
 division shall from time to time alter and correct as is pro- 
 vided by law in relation to the present wards; and that for 
 each new ward there shall be tw^o members of the First Branch 
 of the City Council, and one member of the Second Branch, 
 which shall be increased in number accordingly, and one elector 
 of Mayor ; all of whom shall be elected at the same time, and in 
 the same manner, with the electors and members elected by the 
 present wards, and the like qualification of the voters and per- 
 sons elected. 
 
 5. Aiid he it enacted. That all inhabitants of the precincts
 
 547 
 
 and territory by this Act annexed to the City of Baltimore, being 
 qualified for members of the House of Delegates of this State, 
 electors of the Senate of this State, and electors of the President 
 and Vice-President of the United States respectively, shall 
 vote in all elections of members of the House of Delegates of 
 this State, electors of the Senate of this State, Sheriff of Balti- 
 more County and electors of the President and Vice-President 
 of the United States, for the City of Baltimore, and as part 
 thereof, and not otherwise; and that for the purpose of hold- 
 ing such elections in the said city as hereby enlarged, the 
 same shall be forthwith divided into eight election districts, 
 pursuant to the Act, entitled "An Act to alter and abolish and 
 repeal, certain parts of the constitution and form of govern- 
 ment of this State as are therein mentioned ;" for the making 
 of which division the Mayor and City Council of Baltimore 
 shall forthwith appoint five commissioners, two of whom at least 
 shall be taken from the additions to the said city made by this 
 Act, and who shall forthwith proceed in such manner, and 
 under such regulations, as the said Mayor and City Council 
 shall prescribe, to lay off and establish the said eight election 
 districts, and to fix and establish the places of holding elections 
 therein respectively ; and all such elections shall be held at 
 the said places in the manner, and subject to the rules, regula- 
 tions and provisions, heretofore made by law concerning elec- 
 tions in the City of Baltimore, except so far as they are hereby 
 altered. 
 
 6. And he it enacted, That the said new wards to be laid off 
 by virtue of this Act, shall in all respects, and to all intents and 
 purposes, be subject to the powers, jurisdiction and authority, 
 vested, or to be vested, by law, in the Mayor and City Council 
 of Baltimore, and in the corporation of the said city, and shall 
 be in all respects taken and considered as parts of the said city 
 and corporation ; provided, nevertheless, that no part of the 
 city tax of two dollars in the hundred pounds shall be imposed 
 on any real or personal property within any of the said wards, 
 until there shall be at least five dwelling houses on each acre of 
 land ; that is to say, that each acre of such land, and the prop- 
 erty thereon, shall be wholly exempted from the said tax till 
 there shall be erected on such acre five dwelling houses, nor 
 shall any tax for the making or repairing of the public roads 
 or bridges of the county, out of the limits aforesaid, be levied 
 upon the property within those limits. 
 
 7. And he it en-acted, That the five following persons, to wit : 
 John Beall Howard, Joseph Ford, Caleb Merryman, Labon
 
 548 
 
 Welsh and Kobert Lyon, shall be and are hereby appointed com- 
 missioners to ascertain and fix new places for holding elec- 
 tions in the first and fourth election districts of Baltimore 
 County respectively, instead of the places heretofore fixed and 
 established for that purpose in the said districts, and shall pro- 
 ceed in the execution of their duty, in the same manner and 
 under the like penalties, as are prescribed in the Act, entitled 
 "An Act to regulate elections, for the Commissioners appointed 
 by virtue thereof." 
 
 8. And he it enacted. That all acts, and parts of acts, incon- 
 sistent with the provisions of this Act, shall be, and are hereby 
 repealed. 
 
 Origin and Bomidaries.— Baltimore town, in Baltimore county, was 
 laid out under the provisions of the Act of Assembly of 1729, ch. 13. 
 The town was extended under the Acts of 1732, ch. 14; 1745, ch. 9; 1747, 
 ch. 21; and 1773, ch. 4. Baltimore City was incorporated by the Act of 
 1796, ch. 68. It was separated from Baltimore county by the Constitu- 
 tion of 1851 and the Acts of 1852, chs, 17, 18, 86, 357; 1853, ch. 253, and 
 1858, ch. 248. 
 
 The present city boundaries were established by virtue of the Act of 
 1816, ch. 209, and the Act of 1888, ch. 98. 
 
 As to the Act of 1816, ch. 209, and the boundaries of the counties, see 
 Raab v. The State, 7 Md. 494. Hammond's lessee v. Inloes, 4 Md. 144, 
 and Public General Laws, Art. 1, sec. 10. 
 
 Baltimore county had been formed by proclamation as early as 1659. 
 This comity included at first all land lying to the north of Anne Arundel 
 county on both 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, ch. 14, a court house and prison 
 in Baltimore town were erected (see Levy Court v. Gwynn, 4 H. & J. 
 227), "on the uppermost part of Calvert street, next Jones' Falls," where 
 the Battle 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, November 1853, the county seat of Baltimore county was 
 located at Towsontown, under the Act of 1853, ch. 452. 
 
 ANNEXATION^ ACT. 
 
 1888, ch. 98. 
 
 AN ACT to extend the limits of Baltimore City by including 
 therein parts of Baltimore County. 
 
 Section 1. Be it enacted by the General Assembly of Mary- 
 land, That all that part of Baltimore County which is included 
 within the following metes and bounds, that is to say :
 
 549 
 
 Beginning for the same at the intersection of the pres- 
 ent northern boundary line of the City of Baltimore with 
 the present eastern boundary line of said city, and running 
 thence northerly on and with the line of the said present 
 eastern boundary line of said city if said line were ex- 
 tended northerly to a point on a line drawn due east and 
 west two miles due north from the intersection of the west 
 side of Charles street with the north side of North avenue, 
 and thence running with and bounding on said line westerly 
 until said line intersects the northeast side of the Balti- 
 more and Reisterstown turnpike road, and thence running 
 and binding on said side of said road southeasterly to the 
 point of its intersection with the north line of North 
 avenue, and thence running easterly with the north line 
 of said avenue to the place of beginning, shall be annexed 
 to and become a part of the City of Baltimore, at the time 
 and upon the conditions hereinafter mentioned. 
 
 Sec. 2. And be it further enacted. That all that part of Bal- 
 timore County which is included within the following metes and 
 bounds, that is to say: 
 
 Beginniyig for the same at the intersection of the north- 
 east side of the Baltimore and Reisterstown road with the 
 north line of North avenue, and running thence on the 
 said northeast side of said road, northwesterly, until said 
 line intersects a line drawn due east and west two miles 
 due north from the intersection of the west side of Charles 
 street with the north side of North avenue, and running 
 thence westerly on said line until it intersects a line drawn 
 parallel to and distant westerly two miles from the west 
 of Payson street, as laid down on Poppleton's map of Balti- 
 more City, measured at right angles thereto, and thence 
 southerly with said line, and binding thereon, to a point 
 where said line would be intersected by a line running 
 due west from the point on the present western boundary 
 of the City of Baltimore, which is nearest to the junction 
 of Gwynn's Falls and Gwynn's Run, then reversing said 
 last mentioned line and binding thereon, to its beginning, 
 and thence northeasterly, binding on the present western 
 boundary line of Baltimore City, to its intersection with 
 the north side of North avenue, thence easterly on the 
 north side of North avenue to the place of beginning, shall 
 be annexed to and become a part of the City of Baltimore, 
 at the time and upon the conditions hereinafter mentioned.
 
 550 
 
 Sec. 3. And he it further enacted. That all that part of 
 Baltimore County which is included within the following metes 
 and bounds, that is to say: 
 
 Beginning for the same at the intersection of the present 
 northern boundary line of the City of Baltimore with the 
 present eastern boundary line of said city, and running 
 thence northerly on and with the line of said present east- 
 ern boundary line of said city if said line were extended 
 northerly to a point on a line drawn due east and west two 
 miles due north from the intersection of the west side of 
 Charles street with the north side of North avenue, and 
 thence running with and bounding on said line easterly 
 until said line intersects a line drawn northerly and south- 
 erly and parallel to East street as laid down on the map 
 of the Canton Company's property, and one mile distant 
 therefrom, measured at right angles thereto, thence south- 
 erly binding on said line to the Patapsco River, and thence 
 in a southwesterly direction to a point in the division line 
 between Anne Arundel and Baltimore counties, nearest 
 to the south boundary line of the Marine Hospital prop- 
 erty, and thence along said division line between said coun- 
 ties to a point in said division line nearest to the most 
 westernmost boundary of what is known as the one-half acre 
 lot, owned jointly by the Commissioners of Anne Arundel 
 County and the Mayor and City Council of Baltimore, 
 and thence in a northwesterly direction to a point on the 
 Baltimore Countv shore line, where the west branch of the 
 Patapsco River intersects the middle branch of said river, 
 and thence following the shore line of the middle branch 
 of the Patapsco River to the present city limits, shall be 
 annexed to and become a part of the City of Baltimore, 
 upon the condition hereinafter mentioned. 
 
 Sec. 4. And be it further enacted. That the question 
 whether that portion of Baltimore County described in the 
 first section of this Act shall be annexed to and become a part 
 of Baltimore City, shall be submitted to the qualified registered 
 voters residing within the said portion of Baltimore County, at 
 a special election to be held for this purpose, on the third Tues- 
 day in May, 1888, for which election there shall be one polling 
 place in each one of the existing election precincts of Baltimore 
 county, embracing any part of the territory described in the 
 first section of this Act, and all persons entitled to vote at said
 
 551 
 
 election shall vote at the polling place within the election pre- 
 cinct in which they are or shall be registered ; the Governor 
 of Maryland, shall, at least twenty days before the day of elec- 
 tion, designate the location of said polling places, which shall 
 not be in any honse where spirituons or fermented liquors or 
 lager beer are sold, and he shall also appoint three judges and 
 two clerks of election for each polling place, who shall be resi- 
 dents of and voters in the portion of Baltimore County de- 
 scribed in the first section of this Act; at least one of which 
 said judges and one of said clerks shall be persons known to be 
 in favor of "City extension," and at least one of which said 
 judges and the other of said clerks shall be persons known 
 to be against the ''City extension;" the polls at said election 
 shall be kept open from six o'clock in the morning until seven 
 O'clock in the evening ; the ballots to be cast at the said election 
 shall have written or printed on them 'Tor the city extension" 
 or "Against the city extension;" at the close of said polls the 
 judges of election shall count the ballots which have been cast, 
 and shall ascertain the number of votes cast "For the city ex- 
 tension" and the number cast "Against the city extension," and 
 shall make out under their hands, attested by the clerks, or one 
 of them, three distinct statements or certificates of the number 
 of votes cast "For the city extension" and "Against the city 
 extension," one of which certificates shall be entered on each of 
 the poll books used at the said election, and the other one of said 
 certificates shall be bv said judges sent forthwith to the Governor 
 of the State, who shall ascertain the result of the votes cast at 
 the several voting places, and make known the same by his 
 proclamation ; and if the Governor shall, by his proclamation, 
 declare that a majority of all the votes cast at the said election 
 were cast for the city extension, then from and after the first 
 day of June, 1888, all that portion of Baltimore County de- 
 scribed in the first section of this Act shall become and be a 
 part of Baltimore City. Each of the said judges and clerks 
 of election shall, before entering upon their duties, make oath 
 or affirmation before the Clerk of the Circuit Court for Balti- 
 more County (of which oath or affirmation a record shall be 
 kept by said clerk), that he will faithfully conduct said election 
 and protect it to the best of his ability against all frauds and 
 unfairness; any violation of the terms of said oath shall be 
 deemed a misdemeanor, and shall, on conviction, subject the 
 offender to punishment by a fine of not less than five hundred 
 dollars nor more than one thousand dollars, or to imprison- 
 men for not less than one month nor more than six months, or
 
 552 
 
 to both fine and imprisonment, in tlie discretion of the Court. 
 The said judges of election shall return the ballots to the Gover- 
 nor of the State, and one of the said poll-books containing the 
 certificate above mentioned to the Clerk of the Superior Court 
 of Baltimore City, and the other to the Clerk of the Circuit 
 Court for Baltimore County. 
 
 Sec. 5. And he it further enacted. That the question of 
 whether that portion of Baltimore County described in the 
 second section of this Act shall be annexed to and become a part 
 of Baltimore City, shall be submitted to the qualified registered 
 voters residing within the said portion of Baltimore County, at 
 a special election to be held for this purpose on the third Tues- 
 day in May, 1888, for which election there shall be one polling 
 place in each one of the existing election precincts of Baltimore 
 County, embracing any part of the territory described in the 
 second section of this Act; and all persons entitled to vote at 
 said election shall vote at the polling place within the election 
 precinct in which they are or shall be registered, and all the 
 provisions contained in section four of this Act for the holding 
 of the special election therein mentioned, and for ascertaining 
 and declaring the result thereof, shall be applicable to the elec- 
 tion to be held under this section, except that the judges and 
 clerks of election shall be residents of and voters in that portion 
 of Baltimore County described in the second section of this 
 Act, and if it shall appear by the proclamation of the Governor, 
 so to be issued, that a majority of all the votes cast at the elec- 
 tion provided for in this section were cast for the city exten- 
 sion, then from and after the first day of June, 1888, all that 
 part of Baltimore County described in the second section of this 
 Act shall become and be a part of Baltimore City. 
 
 Sec. 6. And he it further enacted, That the question of 
 whether that portion of Baltimore County described in the third 
 section of this Act shall be annexed to and become a part of Bal- 
 timore City, shall be submitted to the qualified registered voters 
 residing wdthin the said portion of Baltimore County, at a spe- 
 cial election to be held for this purpose on the third Tuesday in 
 May, eighteen hundred and eighty-eight; for which election 
 there shall be one polling place in each one of the existing elec- 
 tion precincts of Baltimore County, embracing any part of the 
 territory described in the third section of this Act; and all per- 
 sons entitled to vote at said election shall vote at the polling 
 place within the election precinct in which they are or shall be 
 registered ; and all the provisions contained in section four of 
 this Act for the holding of the special election therein men-
 
 553 
 
 tioiied, and for ascertaining and declaring the resnlt thereof, 
 shall be applicable to the election to be held under this section, 
 except that the judges and clerks of election shall be residents 
 of and voters in that portion of Baltimore County described in 
 the third section of this Act ; and if it shall appear by the pro- 
 clamation of the Governor, so to be issued, that a majority of 
 all the votes cast at the election provided for in this section are 
 "For the city extension," then from and after the first day of 
 June, 1888, all that part of Baltimore County within the boun- 
 daries described in the third section of this Act shall become 
 and be a part of Baltimore City. 
 
 Sec. 7. And he it further enacted^ That the elections men- 
 tioned in the fourth, fifth and sixth sections of this Act shall 
 be held in accordance with the provisions of the Code of Public 
 General Laws of Maryland relating to general elections in this 
 State, so far as the same are applicable and not inconsistent with 
 the provisions of this Act; and for the preservation of peace 
 and order at said elections, the Governor shall appoint for each 
 of the territorial divisions described in the first, second and third 
 sections of this Act, three persons of approved capacity and 
 integrity and voters in and residents of the territorial division 
 in which they shall be appointed, who shall be termed supervi- 
 sors of election, and who shall be conservators of the peace in 
 their respective territorial divisions, and invested with full 
 power and authority to preserve peace, order and quiet at said 
 elections ; said supervisors in their respective territorial divi- 
 sions shall be charged with the special duty, and are hereby 
 required previous to the day for said elections, to appoint and 
 provide for each election precinct therein a special force con- 
 sisting of not exceeding ten persons, to be selected from the per- 
 sons residing in the territory proposed to be annexed, under the 
 command of a person also to be appointed by them, to be desig- 
 nated as captain, and the said special force shall have the 
 same power in the premises as the police force of Baltimore 
 City, as conservators of the peace within the city limits, and 
 it shall be the duty of each member of said special force to 
 execute every warrant and commitment which the said super- 
 visors or either of them, or the judges of election or either of 
 them, shall issue; the Sheriff of Baltimore County shall not 
 appoint any deputies of any of said precincts ; said supervisors 
 shall receive the sum of five dollars each for each day of actual 
 service, not to exceed three days, and said special force shall each 
 receive three dollars for their services on the day of said elec- 
 tions. The Governor in appointing said supervisors shall select
 
 554 
 
 for each territorial division one of the three persons to be ap- 
 pointed therefor from among the voters and residents of said 
 territorial division known to be opposed to city extension and 
 annexation, one thereof known to be in favor of city extension 
 and annexation, the third to be selected at his discretion ; said 
 supervisors, before entering on the discharge of their duties, 
 shall severally take and subscribe before some Justice of the 
 Peace of the State an oath or oaths similar to the oath or oaths 
 prescribed to be taken by supervisors of election in Baltimore 
 City, and after the day of election their office shall terminate ; 
 for any failure to discharge any duty imposed upon him by this 
 Act the Sheriff of Baltimore County shall be subject to a 
 penalty of five thousand dollars, and for the payment of the 
 same his official bond shall be liable. 
 
 Sec. 8. And he it further enacted. That the said judges 
 shall be conservators of the peace during the continuance of the 
 election so held by them, and until the ballots shall have been 
 counted by them and the necessary certificates required by this 
 Act shall be made out, and shall be vested with the power and 
 authority to commit oft'enders for any breach of the peace in like 
 manner as any justice of the peace has under existing laws. 
 
 Sec. 9. And be it further enacted. That the necessary ex- 
 penses of the elections provided for by this Act shall be paid 
 by the Mayor and City Council of Baltimore ; and the said 
 judges, clerks and the Sheriff of Baltimore County shall receive 
 the compensation fixed by law in reference to general elections. 
 
 Sec. 10. And 6e it further enacted. That it shall not be 
 lawful for the keeper of any hotel, tavern, store, drinking estab- 
 lishment or any other place where liquors are sold, or for any 
 person or persons directly or indirectly to sell, barter, or give, or 
 dispose of any spirits or fermented liquors, ale, or beer, or intox- 
 icating drinks of any kind within the boundaries mentioned in 
 the first, second and third sections of this Act, and on the day 
 on which the elections mentioned in the fourth, fifth and sixth 
 sections of this Act are held ; and any person violating the pro- 
 visions of this section shall be subject to the provisions of 
 section 84 of Article 5 of the revised Code of eighteen hundred 
 and seventy-eight of the Public General Laws of Maryland. 
 
 Sec. 11. And he it further enacted. That all the provisions 
 of the Constitution of Maryland, and of the Act entitled "An 
 Act to erect Baltimore town, in Baltimore County, into a city, 
 and incorporate the inhabitants thereof," and all acts of the 
 General Assembly of Maryland, supplementary and in addition 
 to the said Act, relating to the City of Baltimore, now in force ;
 
 555 
 
 and all the provisions of Article -i of the Code of Public Local 
 Laws of Maryland, entitled "'City of Baltimore," shall be and 
 the same are hereby extended and made applicable to such por- 
 tions of Baltimore County as shall, under the provisions of this 
 Act, be annexed to and made a part of Baltimore City; and 
 thereupon all the provisions of the Code of Public Local Laws 
 of Maryland relating to Baltimore County, except as herein 
 excepted, shall cease to be in force in such portions of Balti- 
 more County as shall, under the provisions of this Act, be an- 
 nexed to and made a part of Baltimore City ; provided, however, 
 and it is hereby expressly declared, that all acts of assembly 
 of the State of Maryland now in force, relating to the sale of 
 spirituous or fermented liquors or lager beer in certain parts 
 of Baltimore County, and prohibiting the issue of licenses there- 
 for, shall be and remain in full force and operation in each 
 and every portion of Baltimore County which, under the provi- 
 sions of this Act, shall become a part of Baltimore City ; and 
 all the provisions of said acts of Assembly which make it un- 
 lawful for the Clerk of the Circuit Court for Baltimore County 
 to issue licenses for the sale of spirituous or fermented liquors 
 or lager beer in certain parts of Baltimore County shall be ap- 
 plicable to the Clerk of the Court of Common Pleas of Baltimore 
 City, who is hereby prohibited from issuing any license for the 
 sale of spirituous or fermented liquors or lager beer in any 
 place in reference to which the Clerk of the Circuit Court for 
 Baltimore County is now prohibited from issuing a similar 
 license. 
 
 Sec. 12. Arid he it furtlier enacted. That all streets, avenues, 
 or alleys lying in any portion of Baltimore County which, under 
 the provisions of this Act, shall become a part of Baltimore 
 City, and which shall have been legally condemned as streets 
 under the provisions of the acts of Assembly of Maryland re- 
 lating to streets in Baltimore County, shall be held to be validly 
 constituted streets of Baltimore City in all respects as if the 
 same had been legally condemned as such by the Mayor and 
 City Council of Baltimore; and all proceedings for the laying 
 off, opening, grading and construction of streets, avenues or 
 alleys, which shall have been begun under the existing street 
 laws of Baltimore County, prior to the passage of this Act, shall 
 be proceeded with and completed under said street laws of Balti- 
 more County, in all respects as if this Act had not been passed. 
 
 Sec. 13. And he it further enacted, That the Mayor of the 
 City of Baltimore is hereby authorized and directed to appoint 
 one Commissioner, and the County Commissioners of J^alti-
 
 556 
 
 more County are authorized and directed to appoint one Com- 
 missioner, and the Governor of the State shall appoint one Com- 
 missioner, and it shall be the duty of said Commissioners, or a 
 majority of them, forthwith to cause the metes and bounds of 
 the territory described in the first, second and third sections of 
 this Act, to be surveyed, located and marked by such monu- 
 ments as will, in their judgment, point out with sufficient dis- 
 tinctness the location of said metes and bounds ; and they shall 
 cause separate plats or maps to be made of the portion of terri- 
 tory described in each of the first, second and third sections of 
 this Act, on which plats or maps shall be shown the outlines 
 of said territory and the lines and boundaries of the election 
 precincts in said territory, together with such roads and other 
 landmarks as will, in the judgment of said commissioners, or a 
 majority of them, afford sufficient means of information to de- 
 termine what persons are resident within the portion of terri- 
 tory described in each of the said first, second and third sec- 
 tions of this Act ; and the said Commissioners, or a majority of 
 them, shall cause copies of said maps or plats to be set up in 
 the said territory, at such places as they shall select, and shall 
 furnish copies of the same to the judges of elections for use 
 at the polls, and shall, by advertisements inserted in at least four 
 of the daily newspapers published in Baltimore City, and three 
 published in Towsontown, at least ten days before the day of 
 election, give such information in reference to the location and 
 boundaries of the several portions of territory proposed to be 
 annexed to Baltimore City, and such explanation of said plats 
 or maps as will, in their judgment, enable all persons to ascer- 
 tain whether they are entitled to vote at said special elections 
 and their respective polling places. If either of the portions 
 of territory described in the first, second or third sections of 
 this Act shall become a part of Baltimore City under the pro- 
 visions hereof, the Mayor and City Council of Baltimore shall 
 cause a map or plat of such portion or portions of territory so 
 becoming a part of Baltimore City, certified to be correct by the 
 Mayor of said city, to be filed and recorded among the land rec- 
 ords of Baltimore Citj^ in the ofiice of the Clerk of the Superior 
 Court of Baltimore City, and among the land records of Balti- 
 more County in the office of the Clerk of the Circuit Court for 
 Baltimore County, and shall also cause permanent boundary 
 stones to be set up to mark the boundaries of said extension. 
 The Commissioners above mentioned shall each receive $7.00 a 
 day for the time they shall be properly and reasonably engaged 
 in the discharge of the duties imposed on them by this Act,
 
 557 ■ 
 
 to be paid to them by the Mayor and City Council of Baltimore ; 
 the surveying work required by this section shall be done by the 
 Surveyor of Baltimore City and Baltimore County at a compen- 
 sation to be fixed by said Commissioners, and to be paid by the 
 Mayor and City Council of Baltimore, who shall also pay all 
 other reasonable and proper expenses incui-red by the said Com- 
 missioners in the discharge of their said duties. 
 
 Sec. 14. Atid he it further enacted. That the Clerk of the 
 Circuit Court for Baltimore County shall cause to be made out, 
 under his hand and the seal of the Court, two copies of the poll- 
 books or lists of qualified and registered voters of the following 
 election precincts of Baltimore County as made out and re- 
 turned to his office by the oflicers of registration after the close 
 of their October sittings in the year 1887, that is to say, the 
 first, third, fourth, fifth and sixth election precincts of the 
 third election district ; the first, second and fourth election pre- 
 cincts of the ninth election district; the fii^t, third and fifth 
 election precincts of the twelfth election district, and the first and 
 second election precincts of the thirteenth election district, and 
 any other precinct embracing any portion of the territory by this 
 Act proposed to be annexed to the City of Baltimore ; and also 
 two additional copies of the said poll-books for the said first pre- 
 cinct of the ninth district, the third precinct of the third district, 
 and the said third and fifth precincts of the twelfth district. The 
 expense of preparing said poll-books to be paid to said Clerk of 
 the Circuit Court for Baltimore County by the Mayor and City 
 Council of Baltimore, and shall, on the Saturday preceding the 
 third Tuesday in May, 1888, deliver the said poll-books to the 
 Sheriff of Baltimore County, who shall, before the opening of 
 the polls on the morning of the third Tuesday in May for the 
 liolding of the elections by this Act provided for, deliver to the 
 respective judges appointed to hold said election in each of said 
 precincts the poll-books or lists of qualified and registered voters 
 pertaining to the election precinct over which said judges are to 
 preside; and as to the first precinct of the ninth district, he 
 shall deliver two copies of the poll-books for said precinct to the 
 judges holding the said election within that part of said precinct 
 which is within the territory described in the first section of this 
 Act, and the other two copies he shall deliver to the judges 
 holding the election in that part of said precinct which is within 
 the territory described in the third section of this Act ; and as to 
 the third precinct of the third district, he shall deliver two copies 
 of the said poll-books for said precinct to the judges holding tlie 
 said election within that part of said precinct which is witliin
 
 558 
 
 the territory described in the first section of this Act, and the 
 other two copies he shall deliver to the judges holding the elec- 
 tion in that part of said precinct which is within the territory 
 described in the second section of this Act, and as to the third 
 precinct of the twelfth district, he shall deliver two copies of the 
 said poll-books for said precinct to the judges of election holding 
 the said election in that part of said precinct which is within 
 the territory described in the first section of this Act, and the 
 other two he shall deliver to the judges holding the said election 
 in that part of said precinct which is within the territory de- 
 scribed in the third section of this Act, and as to the fifth pre- 
 cinct of the twelfth district, he shall deliver two copies of the 
 poll-books for said precinct to the judges holding said election 
 in that part of said precinct which is within the territory de- 
 scribed in the first section of this Act, and the other two copies 
 he shall deliver to the judges holding the election in that part 
 of said precinct w^hich is within the territory described in the 
 third section of this Act. And it shall be the duty of the Com- 
 missioners for whose appointment provision is made in the thir- 
 teenth section of this Act, to cause to be made and printed, sep- 
 arate lists, as to each of the existing precincts of Baltimore 
 County, of the names of all the persons on said poll-books who 
 live in each of the several portions of territory described in the 
 first, second and third sections of this x^ct, which lists as to 
 each of said precincts shall be furnished to the judges of elec- 
 tions of said precinct before the day of election, to assist them 
 in the discharge of the duties of their office, and shall cause the 
 said lists to be posted and circulated throughout the precincts to 
 which they respectively belong, at least five days before the 
 said election. 
 
 Sec. 15. And he it further enacted. That when any portion 
 of the territory mentioned in this Act shall have been annexed 
 to the City of Baltimore under its provisions, the Police Com- 
 missioners of Baltimore City shall proceed forthwith to divide 
 and lay oif the same into such number of precincts as shall in 
 their judgment be best, and having as nearly as practicable an 
 equal number of qualified voters in each precinct, and being 
 each as regular in form as is reasonably practicable, designating 
 the same precincts by numbers, beginning with the number 
 181 ; and when the said precincts have been so laid out, the 
 Mayor and City Council of Baltimore shall divide the said pre- 
 cincts into such numbers of wards as shall give to each ward, 
 as near as may be practicable, the same number of inhabitants as 
 are now contained in one of the present wards of the City of
 
 559 
 
 Baltimore; the number of wards so to be created, however, to 
 be an even niunber, and said Board of Police Commissioners 
 of Baltimore Citv, in laying off said precincts, and the said 
 Mayor and City Council of Baltimore, in dividing the same 
 into wards, shall proceed under the provisions of the Act of 
 eighteen hundred and eighty-two. Chapter 2, so far as the 
 same shall be applicable, but the times mentioned in said Act 
 within which the said precincts and wards therein mentioned 
 shall be laid off, shall not be applicable to the work to be done 
 under this Act. There shall be elected one member to the First 
 Branch of the City Council of Baltimore from each of the said 
 new wards, and one member of the Second Branch of the Citv 
 Council of Baltimore shall be elected from everv two contiguous 
 wards of the said new wards ; and all of the inhabitants there- 
 of shall, in all respects, and to all intents and purposes, be 
 subject to the powers, jurisdiction and authority vested, or to 
 be vested by law in the Mayor and City Council of Baltimore, 
 and to all the ordinances now in force, or hereafter to be enacted, 
 except so far as they may be expressly excepted therefrom, and 
 except so far as the same may be inconsistent with the provi- 
 sions of this xict ; and the parts so annexed shall in all respects 
 be taken and considered as part of said City of Baltimore, but 
 the provision of said ordinance relating to the erection of frame 
 buildings in said city shall not apply to the territory so annexed 
 until expressly made applicable thereto by ordinance or ordi- 
 nances of the said Mayor and City Council. 
 
 Sec. 16. And he it further enacted. That the Governor shall 
 nominate and appoint one additional Justice of the Peace for 
 each ward that shall be set oft' under the provisions of this Act. 
 
 Sec. 17. And he it further enacted. That the several por- 
 tions of territory which, under the provisions of this Act, shall 
 be annexed to the City of Baltimore, shall remain as of the 
 same congressional district or districts of which they now form 
 a part, and the territory described in the first section of this 
 Act shall constitute, if annexed to the City of Baltimore, a part 
 of the second legislative district of said city ; the territory de- 
 scribed in the second section of this Act shall, if annexed to 
 the City of Baltimore, constitute a part of the third legislative 
 district of the said city ; and the territory described in the third 
 section of this Act shall, if annexed to the City of Baltimore, 
 constitute a part of the first legislative district of said city. 
 
 Sec. 18. And he it further enacted. That the Mayor and 
 City Council of Baltimore shall pay to the County Commission- 
 ers of Baltimore C()nnt\' such a sum as shall be ascertained to be
 
 560 
 
 a fair value of the fire engine houses and the fire engines and 
 apparatus used in connection therewith, and the station-houses, 
 lamps and school-houses within the limits of such portions of 
 the territory described in the first, second and third sections of 
 this Act; which value shall be ascertained by a majority of a 
 board of three arbitrators, one to be appointed by the Mayor 
 and City Council of Baltimore, and one by the County Com- 
 missioners of Baltimore County, and the two arbitrators thus 
 appointed shall appoint the third arbitrator ; and if they cannot 
 agree upon such third arbitrator, the latter shall be appointed 
 by the Governor of Maryland ; the amount as to be ascertained 
 shall be paid within ninety days from the award of said arbi- 
 trators. 
 
 Sec. 19. And he it further enacted. That until the year 
 nineteen hundred, the rate of taxation for city purposes upon 
 all landed property situated within the territory which, under 
 the provisions of this Act, shall be annexed to the City of 
 Baltimore, and upon all personal property liable to taxation 
 in said territory, whether owned by persons, corporations or 
 otherwise, and upon which taxes would be paid to Baltimore 
 County if said territory should not be annexed to the said city, 
 shall at no time exceed the present tax rate of Baltimore County ; 
 and, until the year nineteen hundred, there shall not be for the 
 purposes of city taxation any increase in the present assessment 
 of such property as is now assessed; and all property in the 
 said territory which is not now assessed, but which may be with- 
 in the same period liable to assessment, shall be assessed at the 
 same rate as similar property is now assessed in said territory ; 
 and during the said period up to the year nineteen hundred, the 
 City of Baltimore shall expend wnthin said territory an amount 
 at least equal to the amount of revenue derived from taxation 
 on the basis herein set forth' from the said territory, in affording 
 to the residents within said territory the rights and privileges 
 accorded to and enjoyed by the residents within what are the 
 present limits of said city; but nothing in this Act shall be 
 so construed as to require the expenditure by said city of any 
 greater sum; from and after the year 1900 the property, real 
 and personal, in the territory so annexed, shall be liable to taxa- 
 tion and assessment, therefor, in the same manner and form as 
 similar property within the present limits of said city may be 
 liable; provided, however, that after the year 1900 the present 
 Baltimore County rate of taxation shall not be increased for 
 city purposes on any landed property within the said territory 
 until avenues, streets or alleys, shall have been opened and
 
 561 
 
 constructed througli the same, nor until there shall be upon 
 every block of ground so to be formed at least six (6) dwelling 
 or store-houses ready for occupation. 
 
 Sec. 20. And be it further etmcted. That if any portion of 
 the territory, described in this Act shall, under its provisions, 
 become annexed to Baltimore City, the County Commissioners 
 of Baltimore County are hereby directed in lieu of such places 
 for holding elections in Baltimore County as are now fixed by 
 law, which are situated within the territory so annexed, to fix 
 other places for the holding of said elections outside of the terri- 
 tory so aimexed, and if the annexation of any territory w^hich 
 shall be annexed under the provisions of this Act shall leave a 
 part of any election precinct of Baltimore County still within 
 the lines of said county and a part within the annexed terri- 
 tory, then the part so left within the lines of Baltimore County 
 shall constitute the same election precinct of Baltimore County 
 a's the whole now constitutes, until the County Commissioners 
 of Baltimore County shall make other provisions in relation 
 thereto. 
 
 Sec. 21. And he it further enacted. That nothing in this 
 Act shall affect the right of any tvirnpike or toll-road company 
 heretofore chartered by this State from collecting tolls upon 
 such parts of their roads as shall under this Act be brought 
 within the limits of Baltimore City ; nor shall any provision in 
 the charters of said companies which prohibits the erection of 
 a toll-gate within one mile of Baltimore City operate to require 
 the removal of any toll-gates which are now located within the 
 territory proposed to be annexed by this Act. 
 
 Sec. 22. And be it further enacted. That if any portion 
 of the territory mentioned in this Act shall be annexed to the 
 City of Baltimore, the Mayor and City Council of Baltimore 
 are hereby authorized to increase the number of the judges of 
 the Appeal Tax Court to such number as in its judgment will 
 be adequate for the proper discharge of the duties of said Court. 
 
 Sec. 23. And he it further enacted. That the county taxes 
 levied for the year 1888 upon persons and property within 
 such portions of the territory as under the provisions of this 
 Act shall become a part of Baltimore City shall be collected 
 by the Treasurer of Baltimore County in all respects as if this 
 Act had not been passed ; but one-half of said taxes so collected 
 shall be paid to the Mayor and City Council of Baltimore, 
 and the said Treasurer is hereby authorized to employ such 
 additional assistance as shall be needed to enable him to com- 
 ply with the provisions of this section, the amount to be paid
 
 562 • 
 
 therefor to be determined by the Mayor and to be paid by the 
 Mayor and City Council of Baltimore. 
 
 Sec. 24. And be it further enacted. That if the territory 
 described in the first section of this Act shall, under its provi- 
 sions, become a part of Baltimore City, the Board of Police 
 Commissioners for the City of Baltimore are hereby authorized 
 to appoint, enroll, arm and equip thirty (30) policemen in 
 addition to the number they are now authorized to appoint ; 
 and if the territory described in the second section of this Act 
 shall, under its provisions, become a part of Baltimore City, the 
 Board of Police Commissioners for the City of Baltimore are 
 hereby authorized to appoint, enroll, arm and equip fifteen (15) 
 policemen in addition to the number they are now authorized 
 to appoint; and if the territory described in the third section 
 of this Act shall, under its provisions, become a part of Balti- 
 more City, the Board of Police Commissioners for the City of 
 Baltimore are hereby authorized to appoint, enroll, arm and 
 equip fifteen (15) policemen in addition to the number they 
 are now authorized to appoint ; and the said Board of Police 
 Commissioners are hereby authorized and directed to divide 
 such of said territory as shall become a part of Baltimore City 
 into as many police districts as they shall think best, and to 
 appoint for each police district the same officers as they are now 
 by law authorized to appoint for each police district in the 
 City of Baltimore. 
 
 Sec. 25. A7id be it further enacted, That before the Mayor 
 and City Council of Baltimore shall lay any water pipes along 
 any street, road, lane or avenue in the territory mentioned in 
 the second section of this Act, upon which the Catonsville Water 
 Company has laid its pipes and other water appliances, the said 
 Mayor and City Council of Baltimore shall, if said company 
 desires to surrender said pipes and water appliances in such 
 street, road, lane or avenue to the Mayor and City Council of 
 Baltimore, pay to the said company the fair value of its water 
 pipes and other water appliances constructed in said street, lane, 
 road or avenue, and such actual damages to the said company 
 as shall be caused by the acquisition of said pipes and appliances 
 by the Mayor and City Council of Baltimore ; and the amount so 
 to be paid, if the said company and the said Mayor and City 
 Council of Baltimore cannot agree in reference thereto, shall 
 be ascertained by a majority of a board of three (3) arbitrators, 
 one to be appointed by the Mayor and City Council of Balti- 
 more, and one by said company; and the two arbitrators thus
 
 563 
 
 appointed shall appoint the third arbitrator; and if they cannot 
 agree upon such third arbitrator, the latter shall be appointed 
 by the Governor of the State. 
 
 Sec. 26. And be it further enacted. That all school teachers 
 who shall be connected with the public schools in such parts of 
 the territory described in this Act as shall be annexed under 
 its provisions to Baltimore City, shall be allowed to retain their 
 respective positions for the scholastic year beginning September, 
 eighteen hundred and eighty-eight ; and such teachers shall be 
 deemed qualified and continue eligible without further ex- 
 amination to occupy positions as teachers in the public schools 
 in the same manner as if they had complied with the examina- 
 tion now required for teachers in the public schools of Balti- 
 more City. 
 
 Sec. 27. And be it further enacted. That the bridges which 
 the County Commissioners have heretofore agreed to build 
 within the limits of the territory which may become annexed to 
 Baltimore City shall be completed by the City of Baltimore; 
 and all bridges within the limits of the territory which may be- 
 come annexed to Baltimore City by virtue of this Act shall 
 be maintained and kept in repair for public travel at the ex- 
 pense of Baltimore City ; and if the territory described in either 
 the first, second or third sections of this Act shall, under its 
 provisions, be annexed to the City of Baltimore, then, and in 
 that event, all bridges crossing the Patapsco River from said 
 city, including the bridge known as the ''Long" or Light street 
 bridge, shall be maintained and kept in repair for public travel 
 at the sole expense of the said City of Baltimore, and all acts 
 or parts of acts inconsistent herewith are hereby repealed. 
 
 Sec. 28. And be it further enacted. That this Act shall take 
 effect from the date of its passage. 
 
 Approved March 14, 1888. 
 
 At the election authorized by the above Act, the Northern and Western 
 Annexes became a part of the city. Annexation of the Eastern section 
 was defeated by a vote of 485 against, to 317 for annexation.
 
 564 
 
 1914, Chapter 463. 
 
 CODE OF PUBLIC GENERAL LAWS. 
 
 ARTICLE 33-A. 
 
 EMINENT DOMAIN. 
 
 Regulating the Procedure for the Acquisition of 
 Property for Public Use by Condemnation. 
 
 1. The proceedings for the acquisition of private property 
 for public use shall be as follows : 
 
 2. The proceedings shall be begun by the filing of a petition 
 in the Circuit Court for the county in which the property sought 
 to be condemned is situated, on the law side thereof, or in one 
 of the law courts of Baltimore City, if such property is situated 
 in Baltimore City, by the State, municipal, or other corporation, 
 commission, board, body or person seeking to have the property 
 condemned, and against the owner or owners thereof, and the 
 husbands and wives of married owners. In case any owner or 
 owners is or are not known, he or they may be described in such 
 petition as the unkno^vn owner or owners, or the unknown heir 
 or heirs of a deceased owner. The petition shall set forth a 
 description of the property sought to be acquired, sufficient 
 for identification, a statement of the purpose for which same 
 is sought to be condemned, and that the petitioner is unable 
 to agree with the owner or owners thereof, or that one or more 
 of said owners is or are under some legal disability to contract, 
 unknown or non-resident, according to the facts ; and the said 
 petition shall contain a prayer that the said property may be 
 condemned. 
 
 3. Upon the filing of said petition, the Court or any Judge 
 thereof shall pass an order directing a summons to issue for 
 the defendants, to be served in the same manner as a summons 
 in actions at law, and to be returned by some day to be named 
 in said order, not less than ten days nor more than twenty days 
 from the day of the filing of said petition. If any defendant be 
 not summoned before the return day of said summons, the sum- 
 mons may be renewed from time to time, as often as the Court 
 in its discretion may think proper; or if any defendant is non- 
 resident or unknown, or is returned non est, the Court may order 
 the Sheriff to set up a copy of the summons for such defendants 
 upon the property, and a notice to be published once a week for 
 three successive weeks, in a newspaper published in the county
 
 565 
 
 where such property is situated, and, if the proceedings be in 
 Baltimore City, in one daily newspaper published in said city, 
 requiring such defendant to appear in the said Court on or be- 
 fore a certain day to be named in the order, said day to be not 
 less than thirty days nor more than forty days from the date 
 of the first publication of said order, and show cause why such 
 property, or such defendant's interest therein, should not be 
 condemned as prayed in the petition. 
 
 4. Every defendant summoned shall, within ten days after 
 the return day to -which he is summoned, and every defendant 
 appearing shall, within ten days after such appearance, file 
 an answer showing cause, if any he has, why the property men- 
 tioned in the petition, or said defendant's interest therein, 
 should not be condemned as prayed, and every defendant against 
 whom publication has been duly made, as hereinbefore pro- 
 vided, shall file an answer within the time limited in such order 
 of publication. 
 
 The Court shall have power, for good cause shown, to extend 
 the time for answering. In default of answer within the time 
 hereinbefore provided or any extension thereof, as aforesaid, 
 such defendant shall be regarded as in default, so far as the 
 right of condemnation is concerned. 
 
 If any defendant summoned as aforesaid, or against whom 
 publication has been made as aforesaid, is under legal disa- 
 bility, by reason of infancy, insanity or any other cause, the 
 Court upon the return of said summons, or the expiration of 
 the time limited in such order of publication, upon the applica- 
 tion of any party to said suit, shall authorize the duly con- 
 stituted guardian or committee of such infant, lunatic or person 
 under disability, to appear, answer, and defend for him within 
 the times above specified, or if such defendant under disability 
 shall have no constituted guardian or committee, the Court shall, 
 upon application, appoint some suitable person as guardian ad 
 litem to appear, answer, and defend for such defendant under 
 legal disability, within the times above specified, and when such 
 answer of such guardian ad litem or committee for such defen- 
 dant shall be filed, the case as to such defendant shall be re- 
 garded as ready for further proceedings for said condenniation 
 as hereinafter provided. 
 
 5. The Court shall have the same power to permit amend- 
 ments of the petition, answers and other proceedings as in other 
 actions at law, and all demurrers, motions and other proceed- 
 ings therein, except as otherwise herein provided, shall be dis-
 
 566 
 
 posed of in accordance with the rnles and practice in said Court 
 now governing in the trial of other civil cases at law. 
 
 6. Wlien all the defendants in said case who have been sum- 
 moned or published against, as hereinbefore provided, have 
 either answered or are in default as aforesaid, and all defendants 
 under legal disability have answered by their guardians, com- 
 mittees or guardians ad litem, as hereinbefore provided, the 
 case shall be regarded as ready for trial, and, upon the applica- 
 tion of any party to said suit, the Court shall forthwith set an 
 early date to be especially fixed by it, not less than ten nor more 
 than twenty days from the date of said application, for the trial 
 of the issues of law and fact raised in said case, and the ascer- 
 tainment of the compensation or damages to be aw^arded to 
 the defendants in case it shall be determined that the land 
 sought by the petitioner shall be condemned. 
 
 7. If the date so fixed by said Court shall occur during the 
 regular sittings of any term of said Court, at which a regular 
 jury is in attendance upon said Court, or can be procured to 
 attend, the said case shall be heard before a jury selected from 
 such regiilar panel, but if the date for said trial set by the 
 Court shall occur at a time when the regular jury drawn for 
 that term has been discharged and cannot be re-assembled under 
 the law, then in such case the Court shall forthwith select twenty 
 (20) good and lawful men from the names upon the regular 
 jury list of the last Jury Term of the Court, to be summoned 
 by the Sherilf, to attend as jurors in said Court at said time as 
 fixed by the Court for the trial of said case, and the summoning 
 of said jurors and the empanelling of a jury of twelve men from 
 said regular panel or from said list of jurors so summoned by the 
 Sherifl^, shall proceed as far as practicable in accordance with the 
 rules and practice obtaining in said Court for the selection and 
 empanelling of jurors in other civil cases. 
 
 8. As soon as said jury is selected as aforesaid, the jurors 
 shall be sworn by the Clerk in the usual manner in civil cases, 
 and in addition to the usual oath in such cases, they shall be 
 sworn to justly and impartially value the damages which the de- 
 fendant owner or owners will sustain by the taking, use and 
 occupation of the property described in the petition, by the 
 petitioner, for the purposes therein set out, and after being so 
 selected and sworn, the Court shall direct the Sheriff to take the 
 jury upon the ground and premises sought to be condemned, to 
 view the same in the usual way in condemnation cases, upon 
 which excursion to view said property and premises, the parties 
 to the suit, their attorneys, engineer or other representative shall
 
 obi 
 
 have the right to attend with said Sheritf and jury. The engi- 
 neer or other representative of either party shall upon said view, 
 point out to the jury the property sought to be condemned, and 
 the metes and bounds thereof, and shall show the jury any 
 adjacent property of the owners ; but upon said view no party 
 to the proceedings, or his attorney, or any other party, except 
 as aforesaid, shall be permitted to nuike any statement or re- 
 mark to the jury or in their presence relative to said property. 
 
 9. After said view, and the jury has returned to said Court, 
 the trial of the issues of law and fact in the case, relative to 
 the right to condemn said land, and the damages which will 
 be occasioned to the defendant owner or owners thereof by the 
 taking, use and occupation thereof by the petitioner, and the 
 amount of just compensation therefor to each defendant, and 
 of all other issues which may properly arise in said case, shall 
 be proceeded with before said Court and jury in the same 
 manner and under the same rules of law and practice, per- 
 taining to the admissibility of evidence, the instructions of the 
 Court, and all other matters arising under said proceedings, as 
 in other civil cases, except as herein otherwise provided. Either 
 party may except to any ruling of the Court, admitting or ex- 
 cluding evidence, or granting or rejecting instructions, or made 
 upon any other motion, exceptation or proceeding in the cause, 
 in the usual method of trials of civil cases, and in case of appeal 
 as hereinafter provided, bills of exceptions shall be presented, 
 settled and signed according to the prevailing practice in said 
 Court. 
 
 10. Any person who has not been made a party to said pro- 
 ceedins's, who shall have, or claim to have any interest in the 
 property sought to be condemned, may voluntarily intervene 
 in said case, at any time before the trial of the same, and upon 
 petition may, by order of said Court, be made a party defendant 
 to said proceedings upon such terms and conditions as the Court 
 shall direct, and thereupon may take part and defend in the 
 trial of said case, and shall be bound by said judgment in the 
 same way and to the same extent as if such person intervening 
 had been made an original party defendant in said petition. 
 
 11. Any verdict rendered by said jury may be excepted to 
 within the time allowed by the rules of Court in other civil 
 cases; or within the time of said rules of Court, either party 
 may file a motion for a new trial, or in arrest of judgment, or 
 make any other proper motion applicable to such case as in 
 ordinary civil cases, and said motion shall bo heard and dis- 
 posed of by the Court as speedily as reasonably possible.
 
 568 
 
 Upon any such exceptions or motions, if the Court shall set 
 aside the verdict of the jury, it shall forthwith within the time 
 hereinbefore provided, set a new day for the trial of the same, 
 and upon said day so set, said Court shall proceed with the 
 selection of a jury as aforesaid, and a new trial of the case, in 
 all respects as hereinbefore provided, and so on until a final 
 verdict in said case is obtained. 
 
 Upon any such verdict becoming final, if the same shall be 
 for the defendant, upon the right to condemn, the Court shall 
 forthwith enter a judgment in said case for the defendant with 
 costs, but if said verdict shall be for the petitioner on the right 
 to condemn and assessing damages to the defendants, the said 
 Court upon said verdict shall forthwith enter a judgment in 
 favor of each defendant against the petitioner for the amount 
 of damages or compensation awarded to each of said defendants 
 by the verdict of said jury and his proper proportion of the 
 costs. 
 
 12. Any party to said cause may appeal from any such judg- 
 ment to the Court of Appeals of Maryland, but any such appeal 
 shall be entered in writing within ten days from the date of 
 said judgment, and all bills of exceptions desired by such ap- 
 pealing party shall be prepared and presented to the Court to 
 be signed, on or before the expiration of twenty days from 
 the date of said judgment, unless such time for settling and 
 signing said bill of exceptions shall for good cause be extended 
 by the Court, but the record of such case and appeal in any 
 event shall be filed with the Clerk of the Court of Appeals of 
 Maryland, within thirty days from the date of the entry of such 
 appeal. 
 
 13. If such judgment is in favor of the petitioner awarding 
 compensation to the defendants and no appeal is taken from 
 such judgment by the defendant within ten days from the date 
 of said judgment, or in case of such appeal said judgment is 
 affirmed, the petitioner may at once pay to the defendant owner 
 or owners of the property condemned, the amount so awarded 
 him or them respectively, and the costs as determined by said 
 judgment, and in case the amount of such judgment and costs 
 is duly tendered any such owner who refuses to receive the same, 
 or such owner is out of the jurisdiction of the Court, or under 
 legal disability, the petitioner may pay the same into the said 
 Court, into the hands of the Clerk thereof, for the use of such 
 owner or owners, and to be paid him or them at any time there- 
 after, and upon such payment being accepted, or upon such 
 tender being made as aforesaid, and said payment made into 
 Court as aforesaid, after the refusal of such tender, or because
 
 569 
 
 of the absence or legal disability of such owner or owners as 
 aforesaid, the petitioner shall at once become vested with the 
 title, estate or interest of such owner or owners in the property 
 so condemned. The title so acquired in any condemnation pro- 
 ceeding under this Act, shall be an absolute or fee simple title, 
 and shall include and be all the right, title and interest of each 
 and all the parties to the proceedings, whose property has been 
 so condemned, unless otherwise specified in the judgment of 
 condemnation. 
 
 14. Every appeal from any judgment in said proceedings 
 to the Court of Appeals of Maryland under this Act, shall stand 
 for hearing at the next term after the record is received by the 
 Clerk of the Court of Appeals, if that Court be not sitting, or 
 at the pending term if the Court is then in session, and the 
 Court of Appeals may advance the hearing of such appeal in its 
 discretion, and if the final decision be that the petitioner is not 
 entitled to condemn the property, a reasonable counsel fee to be 
 fixed by the Court shall be awarded to counsel for the defendant 
 and taxed against the petitioner, together with the other costs 
 of the case. 
 
 15. The State, and any municipal or other corporation, 
 commission, board, body or person, which under the laws of this 
 State, has the right to acquire property by condemnation, shall 
 acquire such property, if condemnation proceedings be resorted 
 to, in pursuance of, and under the provisions of this Article, 
 anything in any other Public General Law or Public Local Law 
 or private or special statute to the contrary notwithstanding; 
 provided, however, that nothin in this Article contained shall 
 apply to or change the present law or procedure for the opening, 
 closing, widening or straightening of highways. 
 
 16. In any proceeding under this Act, the petitioner shall 
 pay all the costs in the lower Court to be taxed as in ordinary 
 actions at law, and also the usual per diem to the jurors in the 
 trial of the case which shall be taxed along with the other costs 
 in the case. The costs in the Court of Appeals in any appeal 
 from any proceeding under this Act shall be paid as directed 
 by said Court in the same manner as costs in appeals from ordi- 
 nary actions at law. 
 
 17. In case any defendant shall appeal within the time afore- 
 said to the Court of Appeals, from any final judgment in said 
 lower Court, condemning his property and awarding him dam- 
 ages and costs as aforesaid, the petitioner, if he or it so desires, 
 may at any time after the entry of said appeal tender to such 
 defendant or defendants appealing, the amount of the compen- 
 sation, damages and costs so awarded by said jury and the judg-
 
 570 
 
 ment of said Court, and if any such defendant or defendants 
 shall refuse to accept such tender of said judgment and costs, 
 then such petitioner may pay the same into said Court into the 
 hands of the Clerk thereof for the use of such defendant or de- 
 fendants so appealing, and to be thereafter paid over by such 
 clerk to said defendant or defendants at any time such defen- 
 dants will accept and receive the same, and upon such tender 
 and refusal, the petitioner may at the time of such payment 
 into Court, file with the said Clerk a bond to the State of Marv- 
 laud in such penalty as said Court may prescribe, conditioned 
 that in case said judgment shall be reversed, the petitioner 
 shall well and truly pay and satisfy such defendant or defen- 
 dants so appealing, all damages which may be caused such de- 
 fendants by the petitioner, by taking possession and using the 
 property of such defendant or defendants before the final deter- 
 mination of his or their appeal, which bond shall be executed 
 by the petitioner, together with a surety or sureties approved 
 by said Court, or the Clerk thereof, and upon said payment into 
 Court, and the filing of such bond, the petitioner may at once, 
 without waiting for the determination of said appeal, take pos- 
 session of such property or estate or interest therein, of such de- 
 fendant or defendants so appealing from said judgment. If 
 said judgment shall be afiirmed by the Court of Appeals, said 
 bond shall thereby be discharged, and title to said property 
 shall then vest in the petitioner as aforesaid, but if said judg- 
 ment shall be reversed by the Court of Appeals, then said peti- 
 tioner shall at once abandon and surrender possession of said 
 property or estate of such defendant or defendants, and said 
 bond shall thereupon be liable to such defendant or defendants 
 prevailing upon such appeal, for all damages as aforesaid which 
 have been occasioned to such defendants by the petitioner, in 
 taking possession and using the said property, before the final 
 determination of said appeal, 
 
 18. In the event that section 17 should be declared void for 
 any reason by any Court of last resort, such invalidity of sec- 
 tion 17, if so declared, shall not affect the validity or effect of 
 any of the other sections of this Act, it hereby being declared 
 to be the intention of the Legislature that, even if section 17 
 be declared void, the remainder of the Act shall stand, and to 
 have the same effect as if said section 17 had never been enacted 
 therewith. 
 
 Validity of an Act cannot be questioned on parole evidence. 
 
 Jessop V. Baltimore, 121 Md. 562. 
 This Act valid. 
 
 Ridgely v. Balto., 119 Md. 567.
 
 571 
 
 1908, Chapter 98. 
 
 CON'TEACT BETWEEN BALTIMORE CITY AND 
 BALTIMORE COUNTY AS TO USE OF OUT- 
 FALL SEWER BY BALTIMORE 
 COUNTY. 
 
 AN ACT Authorizing, Ratifying and Confikming a Cer- 
 tain Agreement Entered Into Between the Mayor 
 and City Council of Baltimore and the County Com- 
 missioners OF Baltimore County in Reference to the 
 Construction of an Outfall Sewer Constituting 
 Part of the New Sewerage Sy^stem for the City' of 
 Baltimore, in the Beds of Certain Stri;ets and High- 
 ways in Baltimore County. 
 
 Whereas, The Mayor and City Council of Baltimore and 
 the County Commissioners of Baltimore County, on the twenty- 
 first day of j\Iarch, nineteen hundred and seven, entered into a 
 certain agreement, in the words and figures, to wit : ''This 
 agreement, made this twenty-first day of March, nineteen hun- 
 dred and seven, between the Mayor and City Council of Balti- 
 more, acting by and through the agency of the Sewerage Com- 
 mission of the City of Baltimore, party of the first part, and 
 the County Commissioners of Baltimore County, acting also as 
 the Highways Commission of Baltimore County, party of the 
 second part. 
 
 Whereas, It is necessary in the construction of the outfall 
 sewer to be used in connection with, and as a part of the new 
 sewerage system for the City of Baltimore, that the bed of Mon- 
 ument street, between Highland avenue and Tenth street, and 
 the beds of Eleventh street, Philadelphia road. North Point road 
 and Eastern avenue at the points where the outfall sewer 
 crosses said streets, roads and avenues, as shown in red on the 
 accompanying plat hereto attached, marked outfall sewer, plat 
 No. 1, should be occupied by the said outfall sewer, and its work 
 and appurtenances ; and 
 
 Whereas, Said party of the second part is willing to grant 
 to said party of the first part the right to occupy the beds of 
 said aforementioned streets and roads, with said outfall sewer 
 and its works and appurtenances, for the purposes aforesaid, 
 subject to the provisions hereinafter contained; and 
 
 Whereas, The terms prescribed by said party of the second 
 part are acceptable to said party of the first part, subject to said 
 last mentioned provisions ; now
 
 572 
 
 Therefore, This agreement witnesseth: (1) Full authority is 
 hereby granted by said party of the second part to said party 
 of the first part, to construct and forever maintain and operate 
 under the bed of Monument street, between Highland avenue 
 and Tenth street, and the beds of Eleventh street, Philadelphia 
 road, North Point road and Eastern avenue, at the points where 
 the outfall sewer crosses said streets, roads and avenues as shown 
 in red on the accompanying plat hereto attached, marked out- 
 fall sewer, plat No. 1, etc., said outfall sewer and its works and 
 appurtenances, the same to be constructed, operated and main- 
 tained as a part of or in connection with said sewerage system. 
 (2) In consideration of the rights and privileges hereby granted, 
 the party of the second part shall have the right and authority 
 from time to tilne, to tap said outfall sewer for the purposes of 
 disposing of the house sewage and drainage, as distinguished 
 from storm water drainage, of Highlandtown, Orangeville and 
 Canton, upon payment to the party of the first part of the fair 
 cost to the party of the first part of disposing of the sewerage 
 thus brought into the outfall sewer ; the said fair cost to include 
 not only the actual cost of pumping and disposing of the said 
 sewerage, but also the pro rata cost of maintaining the disposal 
 plant, to be determined annually by the Board of Estimates. 
 All work done in connection with the said tapping of said out- 
 fall sewer shall be at the sole expense of the party of the second 
 part and shall be under the absolute direction, supervision and 
 control of the Chief Engineer of the Sewerage Commission, or 
 such engineer as shall be in charge of said system at the time 
 of said tapping. Nor shall any sewer constructed by or under 
 the authority of the party of the second part be connected up 
 with said outfall sewer until the same has been passed upon and 
 approved by the Chief Engineer of the Sewerage Commission, 
 or such engineer as shall be in charge of said system at said 
 time, the requirements and restrictions in such cases to be the 
 same as those imposed in similar cases upon property owners 
 in Baltimore City; provided, however, that the right to so tap 
 the said outfall sewer upon the terms above described is subject 
 to the express condition precedent that this agreement shall be 
 ratified by the General Assembly of Maryland as hereinafter 
 provided. (3) And in further consideration of the grant of the 
 rights and privileges aforesaid by the said party of the second 
 part to the party of the first part, said party of the first part 
 does hereby agree to present to the General Assembly of Mary- 
 land, early in the session of 1908, a bill ratifying and confirm- 
 ing the aforegoing agreement, and further agrees to urge the
 
 573 
 
 passage of said bill by said General Assembly. It is further 
 understood and agreed, that said party of the first part, by exe- 
 cuting this agreement, does not admit the legal necessity of 
 securing from said party of the second part the right and auth- 
 ority thus granted, but on the contrary, notwithstanding said 
 agi-eement, claims that full authority to occupy the public high- 
 ways of Baltimore County with said outfall sewer and its 
 works and appurtenances, without securing the assent of said 
 party of the second part, was granted to it directly by Chapter 
 349 of the Acts of the General Assembly of Maryland for the 
 year 1904. It is further understood and agreed, that the police, 
 legislative and governmental powers of the General Assembly 
 of Maryland and of the Mayor and City Council of Baltimore 
 are in no sense attempted to be abridged or restricted by this 
 agreement. 
 
 Witness the hands and seals of the parties hereto. 
 
 Test : As to commission H. W. Rogers. 
 
 (Signed) Geokge E. Gaitiiek, [seal] 
 
 Mayor ex officio. 
 
 Petek Leaey^ Chairman, [seal,] 
 
 W. D. Platt, [seal] 
 
 J. Edwakd Mohler, [seal] 
 
 Morris Whitridge, [seal] 
 
 Ira Remsen, [seal] 
 
 Charles England. [seal] 
 Sewerage Commission of the City of Baltimore. 
 
 Test : As to County Commissioners. 
 
 (Signed) E. Stanton Bosley. 
 
 (Signed) Henry P. Mann, [seal] 
 
 John V. Slade, [seal] 
 
 Geo. W. Yellott. [seal] 
 
 County Commissioners of Baltimore County, acting also as 
 
 Highways Commission of Baltimore County. 
 
 Approved as to form and legal sufficiency this twenty-first 
 day of March, 1907. 
 
 (Signed) W. Cabell Bruce, 
 
 City Solicitor. 
 Joseph S. Goldsmith, 
 
 Assistant City Solicitor.
 
 574 
 
 Approved as to form and legal sufficiency this twenty-first 
 day of March, 1907. 
 
 (Signed) Osboene I. Yellott, 
 
 Counsel to the Board. 
 Approved : 
 (Signed) E. Clay Timanus, 
 
 Mayor." 
 
 And Whereas, At the time of the execution of said agree- 
 ment, doubt was expressed as whether or not the parties thereto 
 had full authority to enter into the same ; and 
 
 Whereas, It was agreed, as therein set forth, that applica- 
 tion should be made to the General Assembly of Maryland for 
 the passage of an act ratifying and confirming said agreement. 
 [ISTow, therefore, 
 
 Section 1. Be it enacted hy the General Assembly of Mary- 
 land, That the foregoing agreement be and the same is hereby 
 fully authorized, legalized and confirmed in every and all re- 
 spects as fully as though express authority had been conferred 
 upon the parties thereto by the General Assembly of Maryland 
 at the time of the execution of the same. 
 
 Sec. 2. And he it further enacted. That this Act shall take 
 effect from the date of its passage. 
 
 Approved March 18, 1908.
 
 INDEX. 
 
 PAGE 
 ABANDONED OB UNCLAIMED MONEY OB PROPEBTY. 
 
 See "Special Police Fund." 
 
 Abatement of Nuisances. 
 See "Nuisances." 
 
 Abatement of Tax Assessments. 
 
 By appeal to Baltimore City Court, note 149 
 
 Abatement of Taxes. 
 
 See "Appeal Tax Court" and "Taxes." 
 
 Manufactures, to encourage, §6 44 
 
 Record to be kept of, §6 45 
 
 Report of to Mayor and City Council, §6 45 
 
 Abatement of Wateb Rates. 
 
 Water Board, power of relating to water rates, §87A 105 
 
 Absence from Duty. 
 
 See "Police Commissioners." 
 
 Absence of Members of City Counch-. 
 See "City Council." 
 
 Absent Owners, etc. 
 
 See "Streets. Bridges and Highways" and "Opening, etc.. 
 Streets." 
 
 Abstracts of Title. 
 
 Clerk to City Solicitor to preserve and file, §65 94 
 
 Acceptance of Dedication. 
 
 See "Dedicated Streets," note 34 
 
 Account of Personal Property. 
 See "Personal Property." 
 
 Accounts. 
 
 See "Comptroller." 
 
 Jail, books of, §125 129 
 
 Treasurer of Police Commissioners, §752 403 
 
 Acquittal. 
 
 Costs in cases of, §340 231 
 
 Recovery of costs in case of, §341 232 
 
 Act of 1816, Ch. 209. 
 
 Provisions of App. 545-548 
 
 Act of 1888, Ch. 98. 
 
 Provisions of App. 548-563
 
 57G INDEX. 
 
 PAGE 
 
 Admission Under Practice Act, 
 
 See "Courts — Law Courts of Baltimore City," sub-title "Speedy 
 Judgment Act." 
 
 Adverse Possession. 
 
 Doctrine in relation to highways, note 34 
 
 Advertising. 
 
 Municipal Journal, §222b 186 
 
 Advertisements. 
 
 See "Notice" and "Ordinances and Resolutions." 
 
 Clerk to Commissioners for Opening Streets to preserve copies 
 
 of notices and certificates for publication, §173 152 
 
 Commissioners' notice before proceeding under street condem- 
 nation ordinance, §829 495 
 
 Franchises, publication by Comptroller, §10 56 
 
 Notice of application to adopt streets laid out in partition 
 
 proceedings, §831 498 
 
 Ordinance for opening, etc., streets, etc, §828 494 
 
 Proposals from contractors, §14 57 
 
 Sales of chattels for taxes, §49 86 
 
 Sales of property for street benefit assessments, §182 163 
 
 Sewers, application for ordinance to construct, §821 443 
 
 Sewers, notice of Commissioners before acting under ordi- 
 nance, §822 443 
 
 Street condemnations, final notice of right of appeal, §177 159 
 
 Street condemnations preliminary notice by Commissioners, 
 
 §177 159 
 
 Tax sales of land, §43 82 
 
 Tax sales of property to be advertised, §43 82 
 
 Taxes, notice to pay, §51 86 
 
 Affidavit Under Practice Act. 
 See "Courts." 
 
 Agents of Municipal Corporations. 
 
 Decisions, note 178 
 
 Agreements. 
 
 Landlord and tenant as to notice to quit, §851 530 
 
 Aisles or Passageways of BriLoiNOS. 
 
 Obstruction of in buildings of public assemblage, §280 209 
 
 Alienations of Property. 
 
 See "Assessment of Property" and "Appeal Tax Court." 
 
 Alienee to be assessed, §166 145 
 
 Appeal Tax Court to inquire respecting, §156 140 
 
 Clerks of courts to furnish lists to Appeal Tax Court, §165. . . 144 
 
 Reduction of assessments on account of, §156 140 
 
 Allegations in Sales Under Decrees, §724 377
 
 INDEX. 
 
 577 
 
 Almshouse. page 
 
 Admission of indigent or distressed persons', §108 125 
 
 By-laws and rules, Supervisors to make, §111 125 
 
 Disorderly inmates, correction of, §112 125 
 
 Erection and regulation of, §6 17 
 
 List of persons committed to, §114 126 
 
 Poor, care of outside almshouse, §6 123 
 
 Purveyor of provisions, bond, §116 126 
 
 Purveyor of provisions, salary and duties, §115 126 
 
 Superintendent, duties, §114 126 
 
 Superintendent, salary, bond, §113 126 
 
 Transfer of prisoners from city jail to, §143 133 
 
 Ambassadors, Ministers and Consuls. 
 
 Exemption from immigrant regulations, §531 281 
 
 Amusements. 
 
 Street exhibitions, license and regulation, §6 21 
 
 Analysts. 
 
 See "Inspectors and Analysts." 
 
 Anatomy. 
 
 See "Dead Bodies." 
 
 Anne Arundel County. 
 
 Light Street Bridge, joint maintenance of, §6 42 
 
 Annex. 
 
 See "Topographical Survey" and "Taxes." 
 
 Acquisition of street railway easements, §800a 431 
 
 Assessment and classification of property in, §4 3 
 
 Condemnation of street railway easements, \§800b 432 
 
 Constitution and provisions' of this Article applicable to, §3. 2 
 
 Dedication of streets in, §193 166 
 
 New police station houses in, §§786, 787, 788 425-426 
 
 Personal property in to be subject to levy, taxation and assess- 
 ment same as property In old city limits, §4 3 
 
 Property, real and leasehold, divided into three classes for 
 
 taxation : urban, suburban and rural, §4 3 
 
 Street condemnations commenced under Art. 3 to be com- 
 pleted thereunder, §3 3 
 
 Streets, etc. of, streets of city, §3 2 
 
 Turnpike roads, city may purchase or condemn, §5 5 
 
 Turnpike roads in, right to collect toll, §5 5 
 
 Annex Footways. 
 See "Footways." 
 
 Annex Improvement Commission. 
 
 Member of Department of Public Improvements, §84 101 
 
 Annexation Act of 1888, Provisions of App. 548-563 
 
 " (19)
 
 578 INDEX. 
 
 Annual Appropriations. page 
 
 See "Estimates for Annual Appropriations," "Appropriations," 
 "Ordinance of Estimates" and "Board of Estimates." 
 
 Annual Levt. 
 
 See "Appeal Tax Court," "Assessment of Taxes" and "Taxes." 
 Covers all property, assessed or which ought to have been, §171 150 
 Levy must be sufficient, with other income, to cover appro- 
 priations, §40 80 
 
 Police expenses, §747 399 
 
 Annu.vl Reports. 
 
 See under titles of various officials. 
 
 Amusements. 
 
 Licensing and regulating, §6 46 
 
 Apartment Houses and Hotels. 
 
 Fire gongs in, see "Fire Regulations." 
 
 Apparatus of Fire Department. 
 See "Fire Department." 
 
 Appeal Tax Court. 
 
 See "Appeals," "City Collector" and "Taxes." 
 
 Abatements, record of, §6 45 
 
 Abatements, report of to City Council, §6 45 
 
 Additional assessment may be abated upon filing of answer 
 
 before October 1, §164A 143 
 
 Alienations of property, inquiry and allowance for, §156 140 
 
 Allowance to petitioner if assessment excessive, §170 148 
 
 Alteration and correction of assessments, §167. 145 
 
 Appeal from assessment to be by petition §170 146 
 
 Appeal from classification as well as assessment, §170 146 
 
 Appeal to Court of Appeals, §170 148 
 
 Appeals, procedure with reference to, §170 147 
 
 Appeals from assessments, §170 146 
 
 Appeals, hearing of, §147 134 
 
 Appeals to City Court — from assessment and classification, 
 
 §170 146 
 
 Appeals to City Court may be consolidated, §170 147 
 
 Appointment of members of, §146 133 
 
 Averments necessary in petition, §170 146 
 
 Assessment — revision or abatement of — application to be 
 
 made before September 1, §167 145 
 
 Assessment of personal property of owners moving to city 
 
 §158 141 
 
 Assessment of property generally, .§164A 142 
 
 Assessment of property, witnesses to appear and testify, pen- 
 alty for failure, §164A 143 
 
 Assessment of real estate by blocks, §171 150
 
 INDEX. 579 
 
 Appeal Tax Court — Continued. page 
 Assessment to be affirmed in absence of evidence to contrary, 
 
 §170 148 
 
 Assessments' — notice before increasing or making new, §150 
 
 : 135 
 
 Assessments, procedure in making, §150 135 
 
 Assessors, compensation of, §149 135 
 
 Assessors, duties of, §148 134 
 
 Baltimore City Court to re-assess or re-classify but not to de- 
 clare void assessment or classification, §170 148 
 
 Baltimore City Court, trial without jury, §170 147 
 
 Building permits not to be issued until taxes are paid. §280a 210 
 
 City may appeal from assessment or classification, §170 146 
 
 City Register to furnish list of holders of city stock, §151. .. . 136 
 
 City stock holders penalty for failure to furnish list, §155a. 139 
 
 City stock holders, when list to be furnished, §154 137 
 
 Clerk of, salary and duties, §146 134 
 
 Clerk to transmit return of assessments to State Comptroller, 
 
 §162 142 
 
 Clerks, assessors or employees, penalty for failure to perform 
 
 duties, §164B 144 
 
 Clerks of courts to report chancery sales, etc, §165 144 
 
 Compensation for furnishing State Comptroller list of holders 
 
 of City stock, §155 138 
 
 Correction and revision of assessments, §148 135 
 
 Correction of assessments when property alienated or removed 
 
 from city, §166 145 
 
 Court of review, not required to sit as, §147, note 134 
 
 Court to correct account and assessments of property, §147. . . 133 
 
 Department of Review and Assessment, president of, §145. . . . 133 
 
 Duties, additional may be prescribed, §171 151 
 
 Employees of, appointment, §148 134 
 
 Hearing of appeals, §170 147 
 
 Increase of assessment or change of classification, §170. . . . . 148 
 Interrogatories, if not answered 20% additional assessment to 
 
 be made, §164A 143 
 
 Interrogatories relative to revision and correction of assess- 
 ments, §157 140 
 
 Interrogatorie.s — time within which to be answered — penalty 
 
 for not answering, §164A 143 
 
 .ludgment of Baltimore City Court, when final, §170 148 
 
 Levy and collection of taxes not stayed by appeal. §170 148 
 
 List of holders of City Stock to be corrected annually, §152. . 137 
 
 Manufactures, encouragement of, §6 44 
 
 Meetings of, §147 134 
 
 Notice of asse.ssment or revision of assessment, §164A 143
 
 580 
 
 INDEX. 
 
 Appeal Tax Court — Continued. page 
 Notice to contain interrogatories — interrogatories to be an- 
 swered under oatli, §164A 143 
 
 Penalty for failure to appear and answer interrogatories, §157 140 
 Permits for buildings not to be issued until taxes are paid, 
 
 §280a 210 
 
 Personal property, reduction of assessments of, §160 141 
 
 Personal property, when to be assessed upon Court's inquiry, 
 
 §159 179 
 
 Practice in appeals, §170 147 
 
 President of, §146 133 
 
 Proceedings of not to be declared void if due notice given, §170 148 
 
 Property, newly discovered, assessment of, §169 146 
 
 Property, owners moving to city to give account of, §158. . . . 141 
 Property owner, penalty for failure to answer interrogatories, 
 
 §164A 143 
 
 Property owner, penalty of, how remitted, §164A 143 
 
 Property, removal from city, §160 141 
 
 Record of proceedings of Baltimore City Court, §170 148 
 
 Record of proceedings of to be produced on appeal, §170. . . . 147 
 
 Refund if error in assessment or classification, §170 149 
 
 Return, day to be fixed and notice given before assessment, 
 
 §150 135 
 
 Review and Assessment, first sub-department of, §146 133 
 
 Revision and correction of assessments, powers and procedure, 
 
 §157 140 
 
 Revision of assessments to be made every five years, §164A. . 142 
 
 Salaries of members, §146 134 
 
 Shares of stock, assessment of, §155a 139 
 
 Statement to City Collector to contain alphabetical list of all 
 
 personal assessments, §171 151 
 
 Stock of banks and other incorporated institutions. §155a. . . 138 
 
 Summons in trial of appeal, §170 147 
 
 Summons and inquiry to aid in revision of assessments, §157. . 140 
 
 Taxable basis, preparation of statement of, §171 150 
 
 Taxable basis, statement to City Collector and Board of Esti- 
 mates, §171 151 
 
 Term of office, §146 133 
 
 Transfers and corrections, §147 134 
 
 Trial in Baltimore City Court to be de novo, §170 147 
 
 Who may appeal from assessment or classification, §170.... 146 
 
 Witnesses, power to summon and interrogate, §164A 143 
 
 Appeals. 
 
 See "Appeals from Assessments." "Appeal Tax Court," "Build- 
 ings," "Commissioners for Opening Streets." 
 
 See "Condemnation of Property," "Landlord and Tenant," and 
 "Opening, closing, etc Streets."
 
 INDEX. 581 
 
 Appeals — Continued. page 
 
 Appeal Tax Court to hear §147 134 
 
 Appeal from State Tax Commissioner by City §170a 149 
 
 Arbitration Committee of Corn and Flour Exchange, from de- 
 cisions of, §228 192 
 
 Baltimore City Court, from tax assessments, §170 146 
 
 Building permits, from refusal of Appeal Tax Court to issue, 
 
 §2S0a 210 
 
 City Council, action in refusing to qualify member. S217.... 178 
 
 City Solicitor to order in behalf of city, §66 94 
 
 Condemnation proceedings, Baltimore City Court to hear and 
 
 determine, §320 227 
 
 Condemnation proceedings, city has right of appeal, §320... 227 
 
 Condemnation proceedings, city must provide for, §6 9 
 
 Condemnation proceedings, practice and procedure in Balti- 
 more City Court. §320 227 
 
 Costs in appeals from Justices of the Peace. §389 246 
 
 Costs of Justices of Peace to be paid before trial in Baltimore 
 
 City Court, §319 226 
 
 Dispossession of tenants, §861-863 532-533 
 
 From State Tax Commissioner, decision of Comptroller or 
 
 Treasurer to be final, §170a 150 
 
 From State Tax Commissioner, grounds to be stated, §170a. . 150 
 
 From State Tax Commissioner, when to be taken, 170a 149 
 
 Grading, paving, etc, streets, §6 35 
 
 Jones Falls condemnation proceedings, §6 19 
 
 Mayor to approve in city cases. §66 94 
 
 Water supply, condemnation of property for. §6 49 
 
 Sewer construction, §818 442 
 
 Squares, springs and monuments. §6 30 
 
 Street condemnation appeals, consolidation of, §179 161 
 
 Tax appeals, allegations necessary in petitions, §170 146 
 
 Tax for unpaid paving assessments, appeal from, §6 37 
 
 Appearance fee. 
 
 See "Criminal Court." 
 
 Applicants for Examination. 
 See "Police Examiners." 
 
 Appointment of Police. 
 
 See "Police Commissioners." 
 
 Appointment to Office. 
 
 See under titles of various officials 
 
 Coroners, §294 214 
 
 Mayor, power of, §25 63 
 
 Sewerage Commission, §824a 444 
 
 Appointments in Fire Department. 
 See ''Fire Department."
 
 582 i>«'i>EX. 
 
 Appeopkiatioxs. page 
 
 See "Board of Estimates," "Police Commissioners" and "Spec- 
 ial Police Fund." 
 
 Annual estimates for, §36 72 
 
 Baltimore Manual Labor School for Indigent Boys, §816 440 
 
 Decisions, note 179 
 
 Fire department, pensions and relief of widows and children, 
 
 §445 256 
 
 Houses of refuge and reformation, §517-517f 276-278 
 
 Indigent poor, support of, §105 123 
 
 Mayor may approve or disapprove items, §23 62 
 
 Poor in private institutions, §106 123 
 
 Veteran Volunteer Firemen's Association, §448 258 
 
 Approval, of Bonds. 
 See "Bonds." 
 
 Approval of Contracts. 
 See "Contracts." 
 
 Approval of Ordinances. 
 See "Mayor." 
 
 Arbitration Committee of Corn and Flour Exchange. 
 
 Appeal, §228 192 
 
 Authority and jurisdiction of, §227 191 
 
 Award by agreement final, §228 191 
 
 Award, secretary to furnish copies, §227-228 191 
 
 Controversies submitted in writing, §226 190 
 
 Costs, §227 191 
 
 Directors to elect §226 190 
 
 Diss'enting opinion, §227 191 
 
 Duties of, §226 190 
 
 Practice and procedure, §227 191 
 
 Process and subpoena, §227 191 
 
 Records. §227 191 
 
 Stay of judgment, §228 192 
 
 Striking out judgments, §228 192 
 
 Vacancies on committee, §226 190 
 
 Arbitration, Court of. 
 
 Affidavit of successful party, §225 189 
 
 Affreightment, §223 187 
 
 Agency, §223 187 
 
 Application for writ, §225 189 
 
 Bailment, §223 187 
 
 Bills of exchange, §223 187 
 
 Bills of lading. §223 187 
 
 Board of Trade to organize, §223 186 
 
 Clerk, §224 188 
 
 Commercial paper, §223 187 
 
 Compensation of judges, §224 188
 
 INDEX. 583 
 
 Arbitratiox, Court of — Continued. page 
 
 Contracts of sale, §223 187 
 
 Contracts of work and labor, §223 187 
 
 Costs, §224 188 
 
 Decree, §225 189 
 
 Docket, §225 189 
 
 Duties of judge and clerk, §224 188 
 
 Execution, §225 190 
 
 Fee, §224 189 
 
 Guaranty, §223 187 
 
 Habere facias possessionem, §225 190 
 
 Hearings. §224 188 
 
 Insurance, §223 187 
 
 Judge, election of, §224 187 
 
 Lay arbitrators, §224 188 
 
 Manufacturing, §223 187 
 
 INIechanic arts. §223 187 
 
 Navigation. §223 * 187 
 
 Partnership. §223 187 
 
 Personal chattels, §225 190 
 
 Pleadings. §224 188 
 
 Practice. §224 188 
 
 Promissory notes, §223 187 
 
 Qualification of, §224 187 
 
 Recovery of property, §225 190 
 
 Rent, §223 187 
 
 Rules, validity of, §224 188 
 
 Submission in writing, §223 187 
 
 Term of judge and clerk. §224 188 
 
 Ariutratiox. 
 
 Wood, disputes relating to measurement of, §599 299 
 
 Arches or Gateways. 
 
 Art Commission to approve. §202 171 
 
 Architectural Clue of Baltimore. 
 
 To appoint member of Art Commission, §201 171 
 
 Arrest of Judgment. 
 
 See "Courts." 
 
 Motions in, §300 217 
 
 Arrest ox Warrant. 
 
 See "Sheriff's Fees." 
 Arrests. 
 
 See "Justices of the Peace," "Police Commissioners," and 
 "Vagrants and Disorderly Persons." 
 
 On warrant, duty of police, §G42 325 
 
 Pickpockets and common thieves on premises of railroads or 
 
 on ferry boats, §784 424 
 
 Premises of railroads, pickpockets and common thieves on. §784 424 
 
 Without warrant, duty of police, §642 325
 
 584 INDEX. 
 
 Art Commission. page 
 
 Approval of statues, fountains, etc., §202 171 
 
 Composition of. appointment, §201 171 
 
 Members, societies to select, §201 171 
 
 Members, when Mayor to select, §201 171 
 
 Public structures, advice on, §202-203 171 
 
 Report to City Council on proposed public buildings, etc, §203. . 171 
 
 Vacancies, how filled, §203 171 
 
 AssAUXT AND Battery. 
 
 Assaults, between 6 P. M. and 6 A. M, penalty, §229 192 
 
 Firemen on duty, §447 257 
 
 Justices of Peace at station houses to try cases. §632 317 
 
 Pleadings and necessary averments, §230 192 
 
 Presentment or indictment, necessary allegations, §231 193 
 
 Recognizance and commitment, §230 192 
 
 Sentence, §230 193 
 
 Trial, §231 193 
 
 Assent to Decree. 
 
 See "Mortgages." 
 Assessing Damages in Grading, Paving, etc.. Streets. 
 
 See "Streets, Bridges and Highways" and "Grading. Paving, 
 etc., Streets." 
 
 Assessment of Benefits in Grading, Paving, etc., Streets. 
 See "Grading, Paving, etc.. Streets." 
 
 New Boundary Avenue, §838b 502 
 
 North Avenue, §838 501 
 
 Assessment of Personal Property. 
 
 Account of to, and assessment by. Appeal Tax Court. §158. . . . 141 
 
 Reduction of assessment because of removal, §160 141 
 
 Assessments. 
 
 See "Appeal Tax Court," "City Collector," "Opening, etc., 
 
 Streets" and "Taxes." 
 Abatement of nuisances (See '"Nuisances.") 
 
 Benefits and damages in opening, etc., streets, §175 152 
 
 Benefits, City Collector to send bills for, §181 163 
 
 Benefits, lien of; damages, investment of, §185 164 
 
 Grading and paving, appeals from, §6 36 
 
 Opening, extending and widening streets, §6 32 
 
 Squares, springs and monuments, §6 30 
 
 Tax Assessments. 
 
 Alteration and change, §164A 143 
 
 Alteration and correction, §167 183 
 
 Appeal Tax Court to hear appeals and make corrections, 
 
 §147 : 134 
 
 Appeals from, note 149 
 
 Appeals from, §170 146 
 
 Correction and revi.sion by Appeal Tax Court, §148 134
 
 INDEX. rrox 
 
 Tax Assessments. — Continued. pagk 
 
 Duty of Appeal Tax Court before increasing. §150 135 
 
 Escaped property, §171 150 
 
 Executors and administrators, property in iiands of. §108 145 
 
 General revision every five years, §1G4A 142 
 
 Notice before increasing, §150 135 
 
 Omitted, acquired or disposed of property, §167 145 
 
 Omitted property, §171 150 
 
 Powers of Appeal Tax Court in general, §164A 142 
 
 Record of taxable property, §161 141 
 
 Return to be made to State Comptroller, §162 142 
 
 Transfers of property, correction of assessment, §166.... 145 
 Assessors. 
 
 Appointment. §147 134 
 
 Compensation. §149 135 
 
 Duties, powers, §148 134 
 
 Penalty for neglect of duty or corrupt conduct. §164B 144 
 
 Assignments. 
 
 See "Coroners." 
 
 Street opening, etc., assessments. §174 152 
 
 Assistant City Solicitors, §62 92 
 
 AssiST.\NT Counsel for State. 
 
 Appointment, §350 233 
 
 Levy to pay compensation of, §351 233 
 
 Attachment for Contempt. 
 See "Sheriff's fees." 
 
 Attorney General. 
 
 Railroads, hours of labor, penalty for exceeding. §794 428 
 
 Attorney of Prisoners. 
 
 May visit prisoners in jail, §137 131 
 
 Auction Sales. 
 
 See "Auctioneers." 
 
 Auctioneers. 
 
 Affidavit where no sales made, §269 202 
 
 Appointment by Governor, §240 194 
 
 Appointment from another state, effect of, §256 198 
 
 Bond, books, maps, prints, etc, §244 195 
 
 Bond, liable for malfeasance, §271 203 
 
 Bond, suits on, §268 . 202 
 
 Bond, when new security to be given, §255 197 
 
 Bond, when sales over $150,000, §243 195 
 
 Bond, when sales under $150,000, §241 194 
 
 Books, etc, license for sale of, §244 195 
 
 Certificates, accompanying returns, §267 201 
 
 City Comptroller to report duties to State Comptroller, §276. . . 204 
 
 Commissions on books, etc, §260 198
 
 586 INDEX. 
 
 Auctioneers. — Continued. pai";k 
 
 Commissions on sales in excess of $150,000, §262 199 
 
 Commissions on sales under $150,000, $261 199 
 
 Death of licensee, §247 196 
 
 Disqualification, §270 203 
 
 Duties on Auction Sales. 
 
 Calculation of, §235 193 
 
 Channel and harbor, duties up to $20,000. applied to deepening, 
 
 S274 204 
 
 Disbursement by city, §275 204 
 
 Excess over $20,000 payable to State Treasurer, 276 204 
 
 Lien on land, etc sold, §237 193 
 
 How applied, §274 204 
 
 Payment of. §235 193 
 
 Private sales, no duties on, §236 193 
 
 Purchaser to pay, 238 194 
 
 Report quarterly to City Comptroller, §266 200 
 
 Horses and Carriages. ' 
 
 License for sale of, §245 195 
 
 Mayor to designate places of sale, §258 198 
 
 Registry of horses sold to be kept, §259 . 198 
 
 Registry to be deposited with Clerk of Court of Common Pleas, 
 
 §259 198 
 
 Regulations by Mayor relating to sale, §258 198 
 
 License. 
 
 Effect of failure to take out, §253 197 
 
 Issued by State Treasurer, §249 196 
 
 Leather, iron and tobacco, license not required, §278 205 
 
 May be issued nunc pro tunc, §246 195 
 
 Persons authorized to sell under, § 264 200 
 
 Place of .sale, one only, §264 200 
 
 Privileges of licensee, §242 195 
 
 Salef over $150,000. §243 195 
 
 Sales under $150,000, §241 194 
 
 Oath. 
 
 False swearing, penalty, §273 204 
 
 Penalties. 
 
 Against auctioneer, §242 195 
 
 Failure to make returns, §268 202 
 
 False swearing, §273 204 
 
 Fraud or deceit, §271 203 
 
 Partners to be designated in writing, §257 198 
 
 Sales without appointment, §250 196 
 
 Sales without license. §246 196 
 
 Sales without recognizance. §251 197 
 
 State's Attorney to prosecute for, §272 203 
 
 Suit on bond, §268 202
 
 INDEX. 
 
 587 
 
 Penalties. — Continued. page 
 
 Unauthorized sales, §252 197 
 
 Violation of privileges of license, §265 200 
 
 Illegal commission. §263 199 
 
 Recognizances. 
 
 Clerk of Court of Common Pleas to take, §248 196 
 
 Duplicate to be delivered to State TreasTirer, §248 196 
 
 Renewable annually, §254 : 197 
 
 Sales. 
 
 Affidavit when no sales made, §269 202 
 
 Bond when sales do not exceed $150,000, §241 194 
 
 Bond when sales exceed $150,000, §243 195 
 
 Fraudulent and void sales. §239 194 
 
 Leather, iron and tobacco by manufacturers, §278 205 
 
 Wharves, proviso when city makes charges, §277 205 
 
 Audit Clerk. 
 
 Appointment by Comptroller. §34 69 
 
 AUTOMOBLLES. 
 
 See "Carriages, Horses and Automobiles, Hackney Carriages." 
 
 Speed, etc., in parks, §93 107 
 
 Awards. 
 
 See "Board of Award.s" and "Bids and Awards." 
 
 Aw.\ixc;s. 
 
 See "Buildings" and "Sidewalks." 
 
 Bail. 
 
 Attachment for traverser or prisoner on forfeiture of. §347. . . 233 
 
 Bonding, guarantee or trust companies as recognizor. 827Sg. . . . 206 
 
 Clerk of Criminal Court may take, §278a 205 
 
 Court to fix amount of, §278 205 
 
 Criminal offences committed in counties, §444 255 
 
 Defendant, presence of or joinder in recognizance not required, 
 
 §278a 205 
 
 Defendant's own recognizance, §278c 205 
 
 Enforcement of forfeitures, §348 233 
 
 Forfeit for non-appearance of defendant, §27Sk 207 
 
 Forfeiture of, §347 232 
 
 Forfeiture of bail before police justice. §27Sk 207 
 
 .ludge or clerk to sign recognizance, §278d 206 
 
 Oath of recognizer. §278i 207 
 
 Oftences not bailable, §278h 207 
 
 Police justice to note forfeiture on recognizance, §278k 207 
 
 Police justices, power with reference to, §278h 207 
 
 Property qualifications, recognizor without, §278c 205 
 
 Recognizance, before police justice or in habeas corpus, §278e. 206 
 
 Recognizance, form of, §278d 206 
 
 Recognizance, record of, §278f 206
 
 588 
 
 INDEX. 
 
 Bail — Continued. page 
 
 Recognizance, when forfeited becomes judgment. §278e 206 
 
 Recognizance to become record of Criminal Court, §278j.... 207 
 
 Recognizor, lien on property of, §278e 206 
 
 Recognizor, who may be, §27Sg 206 
 
 Recognizor to give particulars of property, oath, §278d 206 
 
 Surety companies as recognizors, §278g 206 
 
 Bailliffs and Ceiers. 
 
 See ''Orphans' Court." 
 
 Clerks of courts to certify salaries of. §372 ' 241 
 
 Salaries, amount of and payment, §372-374 241 
 
 Bakeries. 
 
 Inspectors and Analysts, appointment of, §73 96 
 
 Bakeries and Confectioneries. 
 
 Inspection of, §6 IS 
 
 Balconies, Bay Windows, etc. 
 See "Buildings." 
 
 Ballots. 
 
 Decisions', note 179 
 
 Baltimore and Eastern Shore R. R. Co. 
 
 Bonds of. indorsement of, §826 460 
 
 Baltimore & Ohio Southwest Baltimore Grade Crossing Changes. 
 
 Damages, city to pay, §837a 501 
 
 Baltimore City Court. 
 
 See "Courts — Law Courts of Baltimore city." 
 
 Appeals to from Commissioners for Opening Streets, §179 160 
 
 Appeals to from tax assessments and classifications, §170 146 
 
 Baltimore County. 
 
 Act autliorizing use of Out Fall Sewer by . App 571-574 
 
 Bank Stock, Bonds, etc. 
 
 When exempt from taxation, §6 43 
 
 B.^.nks. 
 
 See "Shares of Stock." 
 
 Business day, §279b 208 
 
 Hours on Saturday, §279b 208 
 
 Bar Maids. 
 
 Employment of, how punishable, §901 541 
 
 Employment of women as, forbidden, §900 541 
 
 Barrels. 
 
 Dimensions of, for measuring peas and beans. §532 281 
 
 Inspector of Weights and Measures to inspect, penalties. §534. . 282 
 Peas and beans, dimensions of barrel to be stamped thereon 
 
 §533 282 
 
 Bass, Striped. 
 See ''Fish."
 
 INDEX. 5S9 
 
 Bay View Asylum. . page 
 
 See "Almshouse.' 
 Convicts, lunatic and insane in, §120a 127 
 
 Beaxs. 
 
 See "Peas and Beans." 
 
 Beggars 
 
 Almshouse, list of those committed to, §114 126 
 
 Beneficiaries of Special Police Fund. 
 See ''Special Police Fund." 
 
 Benefits. 
 
 See "City Collector," "Condemnation of Property," "Grading, 
 
 Paving, etc., Streets," "Opening, Closing, etc., Streets" 
 
 and "Sewers." 
 
 New Boundary ave., §838b 502 
 
 North Avenue, §838 501 
 
 Sewers, constructing and opening, §818 441 
 
 Street benefits, lien until paid, §185 164 
 
 Street benefits, sales for non-payment of, §182-184 163-164 
 
 Streets, opening, closing, etc, §175 152 
 
 Bidders. 
 
 See "Board of Awards" and "'Contracts." §15 58 
 
 Bids and Awards. 
 
 See "Board of Awards" and "Contracts." 
 
 Regulations governing same, §15 58 
 
 Bids for Stationery. 
 See "Librarian." 
 
 Billiard and Bagatelle Tables. 
 See "Licenses." 
 
 Bills of Exception. 
 
 When to be signed, §316 225 
 
 Bills of Exchange and Promissory Notes. 
 
 Acceptance, §279b 208 
 
 Bills for collection, §279b 208 
 
 Demand notes, §279b 208 
 
 Dishonor, §279b 208 
 
 Holidays, legal, §279b 208 
 
 Interest, computation of, §279b 208 
 
 Presentation, §279b 208 
 
 Protest, §279b 208 
 
 Saturday half holiday, §279b 208 
 
 Sunday, notes due on, §279a 208 
 
 Blind. 
 
 See "Deaf. Dumb and Blind."
 
 D 
 
 90 INDEX. 
 
 BoARn OF Awards. . page 
 
 Alternative bids, §15 58 
 
 Bids to be opened by, §15 58 
 
 Checks of iinsccessful bidders' to be returned, §15 59 
 
 Membership of. §15 58 
 
 Powers of, §15 58 
 
 Board of Estimates. 
 
 Advertisement of applications for franchises, SIO. 56 
 
 City Council not to increase appropriations in Ordinance of 
 
 Estimates, §36 71 
 
 Consulting engineer, appointment, salary and duties, S36B. ... 75 
 
 Contingent Fund, §38 79 
 
 Cepartment of Legislative Reference, expenses, §208C 174 
 
 Departmental estimates, §3G 71 
 
 Estimates for annual appropriations, §3G 72 
 
 Estimates for new improvements, §36 72 
 
 Finance, head of third sub-department of, §36 71 
 
 Finance, to be officials of Department of, §32 68 
 
 Franchises, duties of Board in granting, §37 76 
 
 Meetings of, §36 71 
 
 Membership of, §36 71 
 
 Minor privileges, §37 77 
 
 Park tax on street railways in annex, may assent to modifica- 
 tion of, §800a 431 
 
 Paving Commission, annual appropriation, §841z 521 
 
 Powers of, §36 71 
 
 Powers relating to franchises, §37 76 
 
 President of, §36 71 
 
 Private claims to be approved by, §39 79 
 
 Public improvements costing over $2,000, opinion on to be given 
 
 to City Council, §85 102 
 
 Purchases', other than supplies and materials, involving $500 or 
 
 more to be approved by, §36B 75 
 
 Salaries, Board may increase or decrease, §36A 75 
 
 Street railway franchises in annex, when it may grant perpet- 
 ual franchises, §800a 431 
 
 Surplus revenue, disposition of, §36 74 
 
 Taxable basis, report of to City Council, §40 79 
 
 Wharves, public, may lease in its discretion, §37A 78 
 
 Board of Finance. 
 
 Powers and duties of, §32 68 
 
 Board of Heai>th. 
 
 Homes for infants, prerequisites of license. $493i 268 
 
 Infants, home for care of, to investigate, §493h 268 
 
 License, homes for infants. §493h 268 
 
 Midwives caring for infants, license, §493h 268
 
 INDEX. • 591 
 
 BoABD OF Public Safety. page 
 
 Duties and powers of, §68 94 
 
 Membership, S6S ■_ 94 
 
 Boards and Cojimissioxs. 
 
 ^Minority membership on, §30 66 
 
 Boats. Scows axd Vehicles. 
 
 See "'Ferries," "Licenses," and "Veliioles." 
 
 Boiler Inspections. 
 
 See '-Steam Boilers." 
 
 BoNmNG. Guarantee or Trust Companies. 
 See "Bail." 
 
 Bonds. 
 
 See "Clerks of Courts'," "Contracts with city," "Mayor" and 
 "Register of Wills." 
 
 Approval of, S20A 61 
 
 Auctioneers (See "Auctioneers") 
 
 Circuit Courts, clerks of, §369 239 
 
 City Court, clerk of, §357 236 
 
 City Solicitor to approve, §63 93 
 
 Clerks of courts, liable for salaries of deputies', §357, note. . .. 237 
 
 Clerks of Law Courts. §357-361 236, 237 
 
 Collector of State Taxes, §53 88 
 
 Coroners, §294 215 
 
 Court of Common Pleas, clerk. §357 236 
 
 Criminal Court, clerk, §367. 368 239 
 
 Hay and Straw, Inspectors of, $553 287 
 
 Immigrants, master of vessel to give. §519 278 
 
 Justices of the Peace, §624 313 
 
 Live stock inspector at Canton hay scales, §569 291 
 
 Physicians (See "Dead Bodies.") 
 
 Police Commissioners, §740 387 
 
 Police Commissioners, treasurer, §752 403 
 
 Police, when board may require bond. §749 402 
 
 Public Printer, §208 173 
 
 Register of Wills, §354, 355 235, 236 
 
 Steam boiler inspectors, §572 291 
 
 Street condemnation, purchaser of property to give, §176.... 156 
 
 Superior Court, clerk, §357 236 
 
 Trustee under decree for sale of mortgaged premises, §720. . . . 375 
 
 Bonds, Stocks, etc. 
 
 Exemption from taxation, §6 43 
 
 Books, Maps and Stationery. 
 
 See "Auctioneers" and "Librarian." 
 
 Auction of, §244 195
 
 592 ■ INDEX. 
 
 Boundaries of City. page 
 
 As enlarged by ch. 98 of Acts 1888, App. §1,2 548, 549 
 
 As fixed by ch. 209 of Acts of 1816, App §1 545 
 
 Boys' Home. 
 
 To shelter and protect destitute boys, §885 538 
 
 Boy's Home Society of Baltimore City. 
 
 See "Houses of Refuge and Reformation." 
 
 Bread. 
 
 Bakeries, inspectors of, §73 96 
 
 Inspection and sale of, §6 18 
 
 Breadth of Wheels. 
 
 Power to regulate. §6 8 
 
 Bricks. 
 
 See "Buildings." 
 
 Bridges. 
 
 Agreements with County to purchase or maintain, §6 42 
 
 City may purchase, §6 42 
 
 Bridges in Annex. 
 
 County bridges in to be completed by city, §839 503 
 
 Broadway and Locust Point Ferry Company. 
 See "Ferries." 
 
 Boats, requirements as to, §435 253 
 
 Boats, schedule, §435 253 
 
 Broadway, use of wharf at foot of, §431 252 
 
 Fares, §436 - 253 
 
 Firemen and equipment, no charge, §437 254 
 
 Funerals, no charge. §437 254 
 
 Gates, etc., on wharves, authority to erect, §434 253 
 
 Haubert Street wharf, exclusive use of, §432 252 
 
 Incorporation, powers, §431 252 
 
 Wharves, penalty for use by others, §433 252 
 
 Broadway Wharf. 
 See "Ferries," 
 
 Brokers. 
 
 Licenses of, §6 21 
 
 Brokers, Real Estate. 
 
 See "Licenses." 
 Building Laws and Regulations. 
 
 Inspector of Buildings to enforce, §82 99 
 
 Building Lines in Annex. 
 
 Annex Improvement Commission to fix, §841c 507 
 
 Buildings. 
 
 Bricks in, regulate size of , §6 6 
 
 Decisions, note 179
 
 INDEX. 593 
 
 BriLDixGS. — Continued. page 
 
 Decisions with reference to, §6 note 7 
 
 Dwellings, examine and ascertain condition as to healtli. etc., 
 
 §6 6 
 
 Exits and egress from buildings of public assemblage to be ex- 
 amined by police, §280 209 
 
 Exits of, when to be kept open penalty, §280 _'09 
 
 Frame buildings, to restrict erection of, §6 6 
 
 Garage, livery or hiring stable, not to be erected, altered or used 
 
 within 600 feet of a public hospital. §44Sa '. 258 
 
 General Powers. 
 
 Awnings, construction of, §6 6 
 
 Bay windows, §6 6 
 
 Bow windows, §6 6 
 
 Brick, to fix size of, §6 C 
 
 Burnt district, building restrictions in, §6 7 
 
 Construction and repair of buildings, §6 6 
 
 Dangerous and unsafe stuctures, §6 6 
 
 Dwellings, lots, etc examination and sanitary inspection 
 
 of §6 6 
 
 Height of building regulated, §6 6 
 
 Inspections, fire and heating apparatus, §6 6 
 
 Piers and porticos, §6 7 
 
 Removal of dangerous and unsafe buildings, §6 6 
 
 Sanitary inspection of buildings, §6 6 
 
 Show windows, §6 6 
 
 Smoke, to regulate consumption of, §6 6 
 
 Steps and signs, §6 7 
 
 Walls, fire, parapet and party walls, regulation of, §6 6 
 
 Wooden and frame buildings, power to regulate or prohibit 
 
 erection of, §6 6 
 
 Height, construction and inspection, may regulate, §6 6 
 
 Obstruction of aisles in buildings of public assemblage, pen- 
 alty, §280 209 
 
 Ordinance of Oct 23, 1891 legalized, §6 7 
 
 Parapet and fire walls regulation of. §6 6 
 
 Partition fences, regulation of. §6 6 
 
 Party walls, regulation of, §6 6 
 
 Penalty for obstruction of exits, §280 209 
 
 Private and public buildings, regulate construction and repair 
 
 of, §6 6 
 
 Smoke flues, fire places, etc, regulation of. §6 6 
 
 Buildings, Inspector of. 
 
 See "Inspector of Buildings" and "Buildings." 
 
 Buildixgs, Public. 
 
 Art Commission to approve designs. §203 171 
 
 Superintendent of Public Buildings to have charge of, §207. . . . 173
 
 594 INDEX. 
 
 BULKHE^U) AXD PlERHEAD LiNES. PAGE 
 
 See ''Harbor. Docks and Whares." 
 
 Power to establish. §6 13 
 
 Bureau of Liens. 
 
 See "Municipal Liens." 
 
 Burial Expenses. 
 See "Coroners." 
 
 Candidates for Appointment as Police. 
 See "Police Examiners." 
 
 Candidates for Teaciiixg. Examixatiox of, §101 Ill 
 
 Candy Factories and Confectioners. 
 
 Analysts and inspe<'tors for, §7o , 96 
 
 Inspection of, §6 IS 
 
 Capias. 
 
 See "Courts." 
 
 Return of by sheriff; indorsements thereon and re-issue, §333. . 230 
 
 Carriages. ' 
 
 See "Carriages, Horses and Automobiles, Hackney Carriages." 
 Power to license and regulate; §6 7 
 
 Carriages, Horses and Autosiobies, Hackney Carriages. 
 
 Abuse of passenger, penalty, §283 212 
 
 Carriages, etc.. power to license and regulate, §6 7 
 
 Driver or chauffeur to furnish numl»er or fare. §283 212 
 
 Fares, penalty for excessive, §2S4 212 
 
 Fares, penalty for refusal to pay. §284 212 
 
 Fares, Police Commissioners to fix, §281 211 
 
 Hackney carriage, definition of. §281 211 
 
 Lamp on each side to be lighted, §282 211 
 
 License number, where placed. §282 211 
 
 Passenger, to carry one only unless he consents, §28.5 212 
 
 Penalties, disposition of, §290 213 
 
 Property found in carriage to be turned over to Police Board. 
 
 §285 213 
 
 Special licen.se, application, §287 213 
 
 Stands, Police Commissioners to designate, §286 213 
 
 Carts or Vehicles. 
 
 Power to license and regulate, §6 7 
 
 Casks and Liquors. 
 
 See "Inspections, Weights and Measures." 
 
 Catonsville Water Company. 
 
 City to acquire rights of, §6 51 
 
 Procedure in acquisition of its right and property. §6 52
 
 INDEX. 595 
 
 Ceuak Avenue. page 
 
 Tracks on, prohibited, §801 4o5 
 
 Cellars, Basements, Etc. 
 
 See "Health" and "Tenement Houses.' 
 
 Regulation of, §0 15 
 
 Certificates. 
 
 Character (See "Police Examiners"). 
 Counsel (See "Courts"). 
 
 Disaliility of policemen (See "Special Police Fund"). 
 Indebtedness (See "I'olice Commissioners"). 
 Publication (See "Ordinances and Resolutions"). 
 I'ublicatiou, clerk to Commissioners for ( »iii'iiin,i;' Streets to pre- 
 serve copies of. §173 l'>-2 
 
 Taxes due, §5SA '.)() 
 
 Title, City Solicitor to furnish. §174 l'>2 
 
 Chairman. 
 
 New Sewerage Commission, §824a 444 
 
 Chancery Sales. 
 
 Property sold under decree, §165 144 
 
 Report of to Appeal Tax Court. §105 144 
 
 Charitable Marine Society of Baltimoiie. 
 
 Estates of mariners dying intestate, §70." 371 
 
 Rights unaffected by Sees. 808-812, §813 439 
 
 Charitable Purposes. 
 
 Funds for, §2 2 
 
 Charities and Corrections. 
 
 See "Charities, Supervisors of." 
 
 Board of, membership, powers and duties, §103 121 
 
 Department of, organization of, §103 121 
 
 Yistors of Jail, §118 127 
 
 Charities, Supervisors of City. 
 
 Almshouses, superintendent of, §113, 12(5 
 
 Annual report to city, §104 122 
 
 Authority to procure macliinery, etc., §110 125 
 
 Board of, appointment, §104 122 
 
 Certificate as to indigent poor, §105 123 
 
 Children in institutions, care of, §107 124 
 
 Children jilaced with families, to visit, §107 124 
 
 Children, removal or dischai'ge from institutions, §107 124 
 
 Commitment of destitute children, §107 124 
 
 Correction of disorderly inmates of almshouse, §112 12.") 
 
 Criminal, penal and I'eformatory institutions, to have sni)er- 
 
 vision over, §104A 123 
 
 Duties of, §104 122 
 
 First sub-departuH lit of charities and corrections, §104 122
 
 596 INDEX. 
 
 Charities, Sitervisors of City. — Continued. page 
 
 Indigent and insane poor, treatment outside almshouse, §106. 123 
 
 Meetings at almshouse, §111 125 
 
 Offenders, Sees. 104-116 not to apply to, §117 120 
 
 Paupers, admission of to almshouse, §108 125 
 
 Paupers, support, treatment and employment of, §109 125 
 
 President, secretary, salary, §104 122 
 
 Purveyor of provisions, appointment, bond. §116 126 
 
 Qualifications. §104 122 
 
 Subordinates. §104 122 
 
 Term of office. §104 122 
 
 Charter. 
 
 Repealed and re-enacted. Sec. 1 1 
 
 Checks. 
 
 Accompanying bids to be certified, §15 58 
 
 Checks of City. 
 
 By whom to be signed and countersigned, §20A 60 
 
 Chemical Laboratories 
 
 Must be authorized by ordinance, §493 266 
 
 Chesapeake and Potomac Telephone Company. 
 
 Rights unaffected by Charter, §6 41 
 
 Chesapeake Bay. 
 
 Pollution of. by Sewerage System prohibited, §824b 447 
 
 Chief Clerks of City Council. 
 See "City Council." 
 
 Chief Engineer. 
 
 See "Department of Public Improvements." 
 
 New Sewerage System, appointment of, §824b 447 
 
 Chief Physician of Police Force. 
 See "Police Commissioners." 
 
 Children. 
 
 Destitute and neglected, care of, §107 124 
 
 Children and Minors. 
 
 Sales by (See "Larceny"). 
 
 Children and Widows of Policemen. 
 See "Special Police Fund." 
 
 Children of Convicts. 
 
 Binding out by court, §345 232 
 
 Children's Playgrounds, 
 
 City authorized to contract with Children's Playground Asso- 
 ciation, §493a 266 
 
 City authorized to contract with Children's Playground Asso- 
 ciation of Baltimore City, §493b 267
 
 INDEX. 
 
 597 
 
 Children's Playgroixds. — Continued. page 
 Contract of or appropriation to Cliildren's Playground Asso- 
 ciation may be transferred to Ctiildren's Playground Asso- 
 ciation of Baltimore City, §493e 207 
 
 Chimneys. 
 
 Sweeping and rates therefor, §6 8 
 
 Width of, power to regulate. §6 8 
 
 Chimneys, Flues and Heating Apparatus. 
 See "Buildings." 
 
 Circuit Covrt of Baltimore City'. 
 
 Jurisdiction of, §323, note 228 
 
 Jury in cases in, §323 228 
 
 Opinions not required to be filed, §324 228 
 
 Sees. 323. 324. 370. 371, 372, 374, 375, 376, 379, 380. 382. 387, 
 388. 389. 
 
 Circuit Court No. 2. 
 
 Powers and jurisdiction of, §325 229 
 
 Sees. 325. 327, 370. 371, 372. 374, 375, 376, 379. 380, 382, 387, 
 388, 389. 
 
 CiTY' Charter. 
 
 Effect on acts of 1898, Sec. 3 543 
 
 Existing laws, Sec. 3 544 
 
 Extra-territorial right of city, Sec. 3 544 
 
 Incumbent in office at time of passage, Sec. 4 544 
 
 Pending suits, Sec. 2 543 
 
 Provisos limiting operation and effect of Sees. 2-4 543-544 
 
 Repealable acts. Sec. 2 543 
 
 Taxes or tax proceedings. Sec. 2 543 
 
 Vested rights, Sec. 2 543 
 
 City Collector. 
 
 See "Appeal Tax Court," "Assessments," "Condemnation of 
 
 Property," "Damages." "Opening. Closing, etc., Streets," 
 
 "Sales," "Taxes" and "Tax Sales." 
 
 Advertisement, notice when taxes due, §51 SG 
 
 Advertisement, property to be sold for taies, §43 82 
 
 Advertisement, sales of goods and chattels. §49 86 
 
 Appointment, salary, §42 81 
 
 Assistants and clerks. §42 81 
 
 Bills for street opening benefits, §181 163 
 
 Bills for taxes to be sent by mail, §51 86 
 
 Certificate of. to be evidence of taxes due, §51a 87 
 
 Chattels, application of proceeds of sale. §50 Sf! 
 
 Chattels sold for taxes, §49 86 
 
 Collection of taxes, change in office during. §§45a, 45b 83 
 
 Damages in street openings, assignment of. §174 152 
 
 Deeds for property sold for taxes, §45 83 
 
 Duties of, §42 81
 
 598 INDEX. 
 
 City Collectoe. — Continued. page 
 
 Finance, official of department of, §32 68 
 
 Jurors, to furnish list of taxpayers eligible as, §603 300 
 
 Penalty on bills in arrears, §51 87 
 
 Procedure in street openings, §183 163 
 
 Redemption of property sold for taxes, §J7 84 
 
 Re-sales for taxes. 
 
 Duties relating to, §48 85 
 
 Proceeds of, §48 85 
 
 Sales for taxes. 
 
 Change in office, effect of, §§4oa, 45b 83 
 
 Costs and charges to be collected from purchaser, §44... 83 
 
 Purchase money, disposition of, §45 83 
 
 Report to Circuit Court, §48 85 
 
 Surplus invested in public debt, §46 84 
 
 State taxes — to collect same, §58 90 
 
 Street openings, sale of property assessed, §182 163 
 
 Succeeding collector to complete proceedings of predecessor, 
 
 §51A 87 
 
 Tax bills to be prepared by, §42 81 
 
 Tax sales, owner may redeem property, §47 84 
 
 Taxes in arrears, statement to be left on premises, §43 82 
 
 City College. 
 
 Principal, appointment of, §100 110 
 
 Professors, appointment of, §100 110 
 
 City Council. 
 
 See "General Powers," "Mayor," "Ordinances and Resolu- 
 tions" and "Public Printer." 
 Appropriations of money not provided in Ordinance of Esti- 
 mates prohibited, §36 73 
 
 Attendance of members, compelling. §217 177 
 
 Branches to constitute legislative department, §209 175 
 
 Decisions of Court of Api>eals relating to powers of city, 
 
 §218 ii„te 178-184 
 
 Electors of members, qualifications, §215 177 
 
 Expulsion of members, §217 177 
 
 First Branch. 
 
 Election of members, §212 176 
 
 One member from each ward, §210 175 
 
 Present incumbents to hold office until election and quali- 
 fication of successors, §212 176 
 
 President, duties, §217 177 
 
 Qualifications of electors, §212 176 
 
 Qualifications of members, §210 175 
 
 Salaries, §210 175 
 
 Term of office. §212 176 
 
 Officers of, each branch to appoint, compensation. §217 177 
 
 Ordinance of Estimates, special meeting on, §36 73
 
 INDEX. 509 
 
 City Corxcix. — Continued. page 
 
 Ordinances, subject to be described in title. §221 185 
 
 Ordinances and Resolutions. 
 
 Ordinances, amendment, re-enactment, etc., §221 185 
 
 Subject, to embrace one only, §221 185 
 
 Vote necessary to pas's, §221 185 
 
 Power to pass ordinances. §218 178 
 
 President of First Prancli. duties, when to act as Mayor, §217. . 177 
 President of Second Branch, election of successor in case of 
 
 vacancy in office of Mayor, §222 185 
 
 President of Second Branch, removal of. §215) 176 
 
 Procedure when ordinances and resolutions are vetoed. §28.. 62 
 
 Qualifications of members, each branch judges of, §217 178 
 
 Rules of procedure, each branch to adopt, §217 177 
 
 Second Branch. 
 
 Appointments to fill vacancies during recess of, §25 65 
 
 Confirmation of Mayor's appointments, §25 63 
 
 Councilmanic districts, two members from each, §211.... 175 
 
 Election for. when held. §213 176 
 
 ^Membership, nine, §211 175 
 
 President, duties, qualifications, etc., §214 176 
 
 President of. member of Board of Awards, §15 58 
 
 President of. member of Board of Estimates. §36 71 
 
 President of, when to be Mayor, §§18. 19 60 
 
 Qualifications of members, §211 175 
 
 Salaries. S211 176 
 
 Term of office. §211 175 
 
 Sessions of, extra sessions. §210 177 
 
 Sessions to be public, §217 177 
 
 Temporary loans, not to authorize, §36 74 
 
 Vacancies, how filled, §215 177 
 
 Vote l)y yeas and nays on final pa.ssage of ordinances. §221 .... is.j 
 
 City Court. 
 
 See "Justices of the Peace." 
 
 Apiieals from assessments of taxes, §170 140 
 
 From decisions of Commissioners for Opening Streets, §177... 100 
 
 Record of Appeal Tax Court, duty relating to, §170 147 
 
 Tax assessments, when increased by, §170 148 
 
 City Hall. 
 
 Superintendent of Public Buildings to have charge of, §207. . . . 17."5 
 
 City Lihrakiax. 
 
 See "Librarian." 
 
 City Loans. 
 
 List of holdeis of. to be furnished to City Register, §l.'i2 1.".7 
 
 City Officees. 
 
 See under various titles.
 
 600 INDP^X. 
 
 City Officiai^s. vxv.k 
 
 Floatiug debt prohibited, § 10 Sit 
 
 City Officials and Employees. 
 
 When salaries to be paid, §35a 71 
 
 City Plan. 
 
 See "Commission on City Plan." 
 
 City Property. 
 
 See "Property." 
 
 City Register. 
 
 Appointment of, §35 70 
 
 Authority and duties of, §35 70 
 
 Board of Awards, member of, §15 5S 
 
 Certificate of investment of sums due as damages in street 
 
 condemnations, §185 104 
 
 Certificate of payment of benefits in street condemnations, §186. 104 
 
 Checks to be signed by, §20a 00 
 
 Commissioners for Opening Streets, to pay expenses of. §101.. 166 
 
 Corrected list of holders of city loans to be furnished to. §152. . 137 
 
 Deputy Register, §35 70 
 
 Finance, official of Department of, §32 68 
 
 Fines, forfeitures and penalties from Justices of the Peace., 
 
 accounting, §644 326 
 
 Immigrants, per centum of monies collected therefrom, §530.. 281 
 
 Jurors, payment of per diem, §621 310 
 
 List of holders of city loans to be furnished to Appeal Tax 
 
 Court, §151 136 
 
 Obstructions in condemned streets, to pay expense of removal, 
 
 §189 165 
 
 Removable by Second Branch City Council, §35 70 
 
 Sales for taxes, custodian of residue from, §45 8;> 
 
 Sales for taxes, investment of surplus from, §46 84 
 
 State tax on city loans to be deducted from interest, §153 137 
 
 Supervise and direct City Librarian, §196 167 
 
 Topographical Survey Commission, member of, §840 503 
 
 Vacancy, hovp filled, §35 70 
 
 Void street condemnation ordinance, duty of, §180 162 
 
 City Solicitor. 
 
 Appeals in suits in behalf of city to be taken on his order, §66. 94 
 
 Appointment, qualifications and salary, §61 91 
 
 Assistant City Solicitors, duties, §62 91 
 
 Assistants, appointment of, §62 91 
 
 Assistants, salaries, §62 91 
 
 Board of Awards, member of, §15 58 
 
 Board of Estimates, member of, §36 71
 
 INDEX. 001 
 
 PAGE 
 
 Certificates of title in assignments of damages, §174 152 
 
 Clerk, compensation and duties. §65 93 
 
 Clerk, stenographer and typewriter, §65 03 
 
 Contracts to be approved by, §15 50 
 
 Department of Legislative Reference, member of board, §208A. 174 
 
 Deputy, appointment, §62 92 
 
 Deputy, when to act as City Solicitor, §62 92 
 
 Duties and powers, §§62-67 91-94 
 
 Examination of titles, to employ persons to aid in, §62 91 
 
 Law Department, head of, §60 91 
 
 Legal adviser of city, §62 91 
 
 Legal instruments, to pass on, §63 93 
 
 Legal questions, opinions on, to be given in writing. §63 93 
 
 Office hours, location of office, §64 93 
 
 Property acquired in Annex, certify titles to, §841e 508 
 
 Records of Commissioners for Opening Sti*eets, to prescribe 
 
 form, §173 152 
 
 Suits, actions and proceedings, authority to institute. §66 94 
 
 Suits, preparation and trial of, §62 91 
 
 Titles to property donated to city, opinions on. §193 166 
 
 Traveling expenses, allowance of, §67 94 
 
 City Stock. 
 
 See "Stocks, Loans and Finance." 
 
 City SuR^'EYOR. 
 
 Duties and compensation, city may prescribe. §6 43 
 
 Duties and compensation to be prescribed by ordinance. §205.. 172 
 
 Duties and salary, §84 101 
 
 Election and term of office, §205 172 
 
 Fees of, §S33a 499 
 
 Grades of streets, to establish, §S33a 499 
 
 Tax sales, survey of property for, §43 82 
 
 Vacancy in office, Mayor to fill, §205 172 
 
 Civil Government. 
 
 Text-book on, to be furnished to piiblic schools, §S16a 441 
 
 Claim. 
 
 Where part is admitted, practice, §312 220 
 
 Claims Against City. 
 
 Board of Estimates to pass on, §39 79 
 
 Comptroller to audit and approve, §34 09 
 
 Claims Against Police. 
 
 See "Special Police Fund."
 
 602 
 
 INDEX. 
 
 Cleaning and Lighting Streets. page 
 See "Lamps and Lighting" and "Street Cleaning." 
 
 General po\yers, §6 40 
 
 Clebk of Criminal Court. 
 See "Criminal Court." 
 
 Bail on defendant's own recognizance. §278c 205 
 
 Bail taken only on authority of court, §278a 205 
 
 Recognizance, to sign, §278d 20G 
 
 Clerk of jNIabkets. 
 
 Distress for rent. §6 22 
 
 Clerk of Superior Court. 
 See "Land Records." 
 
 Jury books deposited with, §GOS ;]04 
 
 List of jurors, custody of, §602 300 
 
 Clerks of Courts. 
 See "Courts." 
 Alienations and sales of property to be reported to Appeal Tax 
 
 Court, §1G5 144 
 
 Alienations of property, chancery sales, etc., list to be furnished, 
 
 §165 144 
 
 Appeal Tax Court, duties and salary of, §146 134 
 
 Bailiffs and criers, to certify salaries of, §372 241 
 
 Blank licenses, provisions applying to, §363 238 
 
 Bond of Clerk of Criminal Court, §§367-368 239 
 
 Bonds, effect of failure to give, §360 237 
 
 Bonds, etc., from justices, account for to Clerk of Court of 
 
 Common Pleas, §643 326 
 
 Bonds', Clerks of Circuit Courts, §369 239 
 
 Bonds, Clerks of Law Courts, §357 236 
 
 Bonds, Comptroller to approve, '§358 237 
 
 Bonds, deputy or assistant clerk not to become surety on, 
 
 §361 237 
 
 Bonds, judge of court to certify sufficiency of, §357 236 
 
 Bonds, renewal of bi-ennially, §359 237 
 
 Bonds, to be recorded, §358 237 
 
 Clerk of Superior Court to prepare new indices, §§364a, 364b, 
 
 364c 238-239 
 
 Common Pleas, license to pawnbrokers, §693 367 
 
 Common Pleas, payment of license fees to State, §679 355 
 
 Copies of land records to be evidence, §365 239 
 
 Judgments, indexing, clerks' fees, §362 238 
 
 Jurors, certificate as to per diem. §621 310 
 
 Night watchmen, appointment, duties and salaries, §§375-378.. 242 
 
 Record books to be kept, §366 239 
 
 Salaries, how payable, §370 •. . . 240 
 
 Salaries of trust clerk of circuit courts, §371 240
 
 INDEX. 003 
 
 Coal. page 
 
 iSee "InsiJectioiis. Weights and .Mrasuros." 
 Policemen to enforce coal law. powers and duties. §§537. 
 
 539A 283, 284 
 
 Sales by bushel, etc.. §540 284 
 
 Sales by wagon, coal to be weighed, §536 282 
 
 Scales to be provided by seller, §535 2S2 
 
 Seller to provide memorandum of weight, §538 283 
 
 Weighing, compensation for, §539 284 
 
 Coal Oil, Gasoline, etc. 
 
 Lighting or heating of sweat shops by, proliibited, §280 210 
 
 Coffee Broker. 
 
 License for, §694 307 
 
 Collateral for Appearance. 
 See "Justices of the Peace." 
 
 Collection of Fines and Penalties. 
 
 See "Fines. Forfeitures and Penalties" and "Water." 
 
 Collection of Taxes. 
 
 See "City Collector," "Sales," "Taxes." 
 
 Collector's death, resignation, etc., effect of. §51 A 87 
 
 General powers of city, §6 45 
 
 Taxes in arrears, §51 86 
 
 Collector of State Taxes. 
 See "City Collector." 
 
 Appointment, §52 88 
 
 Appointment, when Governor may make, §56 89 
 
 Bond, §53 88 
 
 Bond, recorded and filed with State Comptroller, §53 88 
 
 Books, examination by State Treasurer, §55 89 
 
 Certificate of deposit, transmitted to State Treasurer, §54 89 
 
 City Collector, to be, §58 90 
 
 Commission, levy for, §57 89 
 
 Compensation, §§52, 57 88, 89 
 
 Daily deposits of State Taxes, §54 89 
 
 Duties of, §§52, 54 88. 89 
 
 Collector of Water Rents and Licenses. 
 See "Licenses." 
 
 Appointment, §59 90 
 
 Assistants and clerks, §59 91 
 
 Duties. §59 91 
 
 Finance, otfieial of department. §3,2 68 
 
 Office, may be abolished by ordinance, §59 !)1 
 
 Salary, §59 91 
 
 Colored House of Reformation. 
 
 See "Houses of Refuge and Reformation."
 
 604 INDEX. 
 
 Combustible Matter. page 
 
 See "Fire Regulations." 
 
 Storage regulated, §6 12 
 
 Commission on City Plan, .. 
 
 Appointment, duties, §200A 170 
 
 Member of Department of Public Improvements, §84 101 
 
 President, Mayor to designate, §200A 170 
 
 Secretary, appointment, salary and duties, §200A 170 
 
 Commission on Sewerage. 
 See "Sewers." 
 
 Commissioner of Health. 
 See "Health." 
 
 Alteration of street grades on certificate of, §834 499 
 
 Analysts and inspectors of bakeries, §73 9(5 
 
 Appointment, duties, powers and salary, §71 35 
 
 Assistants, appointment, §71 95 
 
 Board of Practical Plumbing, member of, §511 271 
 
 Clerks and subordinates, appointment and compensation, §71.. 96 
 
 Contagious diseases, duty with reference to, §78 98 
 
 Department of Public Safety, member of, §68 94 
 
 Health Wardens to act as^ vaccine physicians, §78 98 
 
 Infants in homes, for care of, record, §493i 268 
 
 Milk, inspectors of, §74 96 
 
 Qualifications, §71 96 
 
 Quarantine physician, duties and powers, §75 97 
 
 Quarantine physician, salary, dwelling and expenses, §76 97 
 
 Vaccine physicians, appointment, §77 97 
 
 Vaccine physicians, to report to, §77 97 
 
 Sanitary inspectors, appointment, duties and qualifications, 
 
 §72 96 
 
 Commissioner of Street Cleaning. 
 See "Street Cleaning." 
 
 Commissioners for Opening Sewers 
 
 See "Sewers." 
 Commissioners for Opening Streets. 
 
 Alterations and corrections in valuations and assessments, 
 
 §177 159 
 
 Annex Improvement Commission, duties under Act of 1904, 
 
 §841e 508 
 
 Annex Improvement Commission, duties under Act of 1910, 
 
 §8410 511 
 
 Annex Improvement Commission, under Act of 1910, §841k 509 
 
 Appeal, notice to parties interested, time within which appeal 
 
 to be taken, §177 159 
 
 Appeal, petition to be in writing, §179 161 
 
 Appeals, court to amend or supply defects and omissions in 
 
 record of proceedings, §179 161
 
 INDEX. 605 
 
 CoMiiissioxERS FOR OPEXixG STREETS. — Continued. page 
 Appeals from assessments. 
 
 Amendments to record, §179 161 
 
 Appeal to Baltimore City Court, §179 160 
 
 Appeal to Court of Appeals, §179 161 
 
 Benefits and damages, increase or decrease, §179 161 
 
 Consolidation of appeals, §179 161 
 
 Costs. §179 162 
 
 Evidence, copy of proceedings, §179 162 
 
 Examination of Commissioners, §179 161 
 
 Hearing, court to appoint day, §179 161 
 
 Jurisdiction of court. §179 161 
 
 Jury trial for appellant, §179 161 
 
 Record of proceedings, court may alter or amend. §179. . . . 161 
 
 Sheriff to summon jury, §179 161 
 
 Street condemnations. §6 32 
 
 Subpoena duces tecum to Clerk of Commissioners, §179.. 161 
 
 Time of appeal, §179 161 
 
 Appointment, salary, term of office, §172 l.jl 
 
 Benefits and damages assessed to same person. §174 152 
 
 Benefit assessments, may be paid in installments, conditions. 
 
 §177A 160 
 
 Benefits, bils to parties assessed, §181 163 
 
 Benefits, payment by third parties, §186 164 
 
 Benefits to be assessed, §175 1.52 
 
 Board of Review and Assessment, commissioners to be members 
 
 of, §145 i?,n 
 
 Bond of purchaser of property, §176 157 
 
 Clerk, duties of. §§172. 173 151, 152 
 
 Clerk, salary, §172 151 
 
 Clerk to serve written or printed notice upon parties assessed 
 
 for damages, effect of failure. §17S 160 
 
 Compensation for property taken, §176 156 
 
 Damages and benefits, notice of meeting to assess, §175 153 
 
 Damages may be paid in advance of collection of benefits. 
 
 §175B 155 
 
 Donated street beds to become public highways. §194 166 
 
 Duties, §172 151 
 
 Employees, appointment and compensation, §172 152 
 
 Expenses to be assessed as jiart of damages. §175 153 
 
 Fee and leasehold to be distinguished in assessments. §188 165 
 
 First meeting of Commissioners to be held within three months 
 
 after passage of ordinance, §175B 155 
 
 First meeting to execute ordinances heretofore passed to be held 
 
 within four months after the passage of this Act. §175B... 155 
 
 Gifts of property for streets, §193 166 
 
 Hearings to revise a.ssessments, §177 159 
 
 Lien for payment of benefits by third party. §1.S() 164
 
 606 
 
 INDEX. 
 
 COMMTSSTOXERS FOR OPEXIXG STREETS. Continued. PAGE 
 
 Map tiled in otiice before ordinance introduced, §828 494 
 
 Members of Annex Improvement Commission, under Act of 
 
 1904, §841b 506 
 
 Note giving decisions 153. 154 
 
 Notice of review of damages and benefits, §177 158 
 
 Notice of talviug of property, §177 159 
 
 Notice tliat appeals may be taken, §177 159 
 
 Notice to parties assessed, effect of, §178 KiO 
 
 Obstructions in opened streets, removal of, §189 165 
 
 Ordinances declared void, duty of Comptroller, §180 162 
 
 Petitioners against street opening to give location of property, 
 
 §195 106 
 
 Portion of lot taken, procedure when, §176 156 
 
 Power to reassess for unpaid assessments, §195a 166 
 
 Powers in opening, etc., streets, §6 32 
 
 Procedure when part of lot taken, §176 156 
 
 Property not to be taken without consent of owner until damage 
 
 paid, §185 164 
 
 Record of proceedings, clerk to keep, §173 152 
 
 Report to Mayor as to status of proceedings, §175B 155 
 
 Re-sale of property when purchaser defaults, §176 157 
 
 Residue of lots taken, sale of, §176 157 
 
 Return of Commissioners prima facie evidence, burden of 
 
 proof upon party appealing. §175C 156 
 
 Review and Assessment, second sup-department. §172 151 
 
 Revision of benefits and damages, notice of, §177 159 
 
 Sales of property assessed. 
 
 City Collector to sell, §182 163 
 
 Deed to purchaser, §184 164 
 
 Expenses, §184 164 
 
 Notice of sale, §182 163 
 
 Notice of re-sale, §183 164 
 
 Procedure, §183 163 
 
 Proceedings' after collection of benefits turned over to 
 
 Comptroller, §183 164 
 
 Proceeds, disposition of, §184 164 
 
 Re-sale, §183 164 
 
 Sheds and obstructions on property taken, sale of, §176 156 
 
 Street appeals, award, how ascertained in trial. §176A 158 
 
 Temporary commissioner, when Mayor to appoint, §187 165 
 
 Valuation of property taken, §176 156 
 
 Commissioners of Fixance. 
 
 See "Stocks, Loans and Finance." 
 
 Board, membership of, §41 80 
 
 City property, to approve disposal of, §13 57 
 
 City property, to unite in conveyance. §13 57 
 
 Clerk, Deputy Register to be, salary. §41 81
 
 INDEX. Qo-j 
 
 Commissioners of Fixaxce. — Continued. page 
 
 Depository banlvs, to select, §41 SI 
 
 Duties, §41 81 
 
 Proceedings to be recorded, §41 81 
 
 Siuli;ing funds, control and custody of, §41 81 
 
 Temporary loans, to be authorized by, §41 81 
 
 Commissions. 
 
 See "Collector of State Taxes" and "Auctioneers." 
 
 Commitments. 
 
 See "Justices of the Peace" and "Thieves and Pickpockets." 
 
 Assault and battery, §230 11*2 
 
 Conviction by justices, or when fine not paid, §633 323 
 
 Costs or secui'ity, default, §142 132 
 
 Defective, etc., §3.32, note 230 
 
 Destitute, etc., children, commitment to institutions, §107 124 
 
 Jail, directed to Warden, §131 130 
 
 Vagrants committed by justices, §141 132 
 
 AVhen to be returned. §332 230 
 
 Compensation. 
 
 City officials, employees and agents (see "Salaries"). 
 
 Comptroller. 
 
 Annex Improvement Commission of 1904, member of, §841b... .50(i 
 
 Appointees, subject to written approval of Mayor, §34. OO 
 
 Audit clerk, appointment, §34 (iO 
 
 Auditor of city, §34 150 
 
 Auction duties, report to State Comptroller, §270 204 
 
 Benefit assessments when increased to be audited and charged. 
 
 §170 14!) 
 
 Board of Awards, member, §15 58 
 
 Board of Estimates, member, §36 71 
 
 Bond of Jail Warden to be filed with, §128 120 
 
 Bonds to be approved by, §20A 01 
 
 Checks to countersigned by, §20A 60 
 
 Commissioners for Opening Streets, expenses, §191 Kio 
 
 Deputy Comptroller, appointment, §34 (iO 
 
 Duties and powers. §34 (iO 
 
 Election, salary, §.33 (i9 
 
 Harbor Master, appointment. §34 69 
 
 Inspector of Weights and ^Measures, appointment, §.34 (iO 
 
 Market Master, appointment. §34 09 
 
 President of Department of Finance, §.32 68 
 
 Qualifications and term, §33 69 
 
 Tfciiiovalile from office, wlien and how, §34 (J9 
 
 Salaries of subordinates, §34 (JO 
 
 Tax assessments refund of erroneous, §170 148 
 
 Topographical Survey Commis.sion, member, §840 50:! 
 
 A'ncancy. how filled, §34 69 
 
 \'oid street opening, etc., ordinance, duty, §180 162
 
 608 INDEX. 
 
 Comptroller of TREASt'REB. pack 
 
 Assessments of State Tax Commission, appeal, §170a 149 
 
 Deaf and dumb, fees for instruction, §396 247 
 
 Concealed Weapons. 
 
 See "Police Commissioners." 
 
 Cases triable by justices', §632 317 
 
 Condemnation. 
 
 See "General Condemnation Law." 
 
 Excess condemnation, provision for, §6 8 
 
 Fee-simple title, ordinance may direct acquisition of a lesser 
 
 interest, §6A 53 
 
 Possession of property, conditions under which it may be 
 
 taken, §S29b 496 
 
 Property may be taken upon paj-ment of award into court 
 
 or giving bond to secure payment, §S29b 496 
 
 Provisions of Sees. 829a-829c not to apply to cases already 
 
 pending, §829d 497 
 
 Title acquired by, §6A 53 
 
 Condemnation of Property. 
 
 Annex Improvement Commission of 1904, condemnation ordi- 
 nance, §841e 508 
 
 Appeals allowed in behalf of city, §320 226 
 
 Appeals from valuations, §6 9 
 
 Appeals to be heard by Baltimore City Court. §320 227 
 
 Damages and benefits, §6 9 
 
 Damages, investment of sums due, 185 164 
 
 Decisions, note 9-11 
 
 Esplanades, boulevards, etc.. §6 8 
 
 Fee simple and leasehold distinguished. §188 165 
 
 General Powers, §6 8 
 
 Jones' Falls Improvement, §6 18 
 
 Markets, §6 22 
 
 New Sewerage System, §S24c 447 
 
 Notice to owners to be given §6 9 
 
 Objectionable surroundings, restrictions, §6 8 
 
 Parks, squares or gardens, §6 8 
 
 Procedure to be provided, §6 8 
 
 Purposes for which land may be condemned, §6 8 
 
 Sewers, §6 28 
 
 Squares, springs and monuments, §6 30 
 
 Streets, opening, etc.. §6 32 
 
 Water and water rights, §6 46 
 
 Water rights, etc., compensation of jury and sheriff, §6 50 
 
 Wharves and docks, note 9 
 
 Conduits. 
 
 See "Electrical Commission and Subways."
 
 INDEX. 609 
 
 Constables. page 
 
 Appointment, by Maj'or ami City Council of Baltimore. §200 . . . 173 
 
 Compensation, duties, etc., §206 172 
 
 Duties and compensation to be prescribed by law or ordinance, 
 
 §206 173 
 
 Fees, when city not to pay, §6.39 .325 
 
 Not to deputize persons to serve writs, §649 .328 
 
 Number, two for each ward. §206 172 
 
 COXSTITUTION. 
 
 Streets in Annex, effect on, §3 2 
 
 Consulting Engineer. 
 
 Appointment, duties and salary. §36B 75 
 
 Contagious and Infectiolts Diseases. 
 See "Health" and "Hospitals." 
 
 Contagious Diseases Hospital. 
 
 See "Stocks, Loans and Finance." 
 
 Contingent Fund. 
 
 See "Board of Estimates." 
 
 t 
 Contractors 
 
 See "Contracts." 
 
 Contracts. 
 
 Advertisement for bids, number of insertions. §14 57 
 
 Advertising for bids, where more than $500 involved. §14.... 57 
 
 Alternative proposals may be asked for, §15 5S 
 
 Awarding, manner, §15 59 
 
 Bonds of contractors, §15 58 
 
 City Solicitor to approve, §§15, 63 59, 93 
 
 Decisions, note ISO 
 
 Decisions relating to, §14, note 57. 58 
 
 Indigent poor, contracts for care and support, §105 123 
 
 Mayor or heads of departments to apin-ove, §20A 61 
 
 Paving Commission, §S41y 520 
 
 Playgrounds for children, §§493a, 493b, 493c 266, 267 
 
 Proposals to be advertised. §14 57 
 
 Stationery and printing, §197 169 
 
 Street dirt and garbage, removal, §S41e{' 524 
 
 Contracts of Sale. 
 
 See "Arbitration, Court of." 
 
 Conveyances. 
 
 See "Deeds" and "Land Records." 
 
 Convicts. 
 
 Commutation of sentence, §139 131 
 
 Lunatic and insane in Bay View asylum. §120a 127 
 
 (20)
 
 (510 INDEX. 
 
 CoKD Wood. page 
 
 Measurement of, §591 297 
 
 Corn and Flour Exchange. 
 See "Arbitration." 
 
 Coroner at Large. 
 
 Appointment, duties and ccmipensation, §295 215 
 
 Coroners. 
 
 Appointment. §294 214 
 
 Assignment bj^ Governor, §294 214 
 
 Bond and oath, §294 214 
 
 Burial exj)enses. City Register to pay. §296 215 
 
 Inquest, when to be held, §296 215 
 
 Jury not to receive compensation, §296 215 
 
 Property or money of deceased to be deposited, subject to order 
 
 ot Orphans' Court. §297 216 
 
 Monthly report to Police Commissioners, §297 215 
 
 Salary, §294 214 
 
 Term of office, §294 214 
 
 Corporate Name, §1 1 
 
 Corporate Powers. 
 
 See "General I'owers." 
 
 Corporate Property. 
 
 Title in City, §2 2 
 
 Title inalienable. §7 54 
 
 Costs. 
 
 Acquittals, recovery of costs, §341 232 
 
 Appeals from Justices of the Peace, §389 294 
 
 Baltimore City Court, power in cases of tort, §389 245 
 
 Commitment in default of security to keep peace, §142 132 
 
 Criminal cases, justices to account to Police Commissioners, 
 
 §646 327 
 
 Justices of Peace to account for. §142 132 
 
 Tort, power of City Court in cases of, §389 245 
 
 When pro.secuting witness shall pay. §340 231 
 
 Cotton Brokers. 
 
 License, §694 367 
 
 COUNCILMANIC DISTRICTS. 
 
 See "Legislative Districts," 
 
 Counsel Fees. 
 
 Defendant's attorney, when allowed. §ol5A 224 
 
 PlaintifC's attorney, when allowed, §315 224 
 
 Coupon Tickets. 
 
 See "Railroads and Railways." 
 
 Court of Common Pleas. 
 
 See "Courts — Law Courts of Baltimore City."
 
 INDEX. 
 
 611 
 
 Court SxExoiiKAi'iiEu. page 
 See "Stenographers of Courts." 
 
 Courts. 
 
 Siiperinteudeiit of Public Buildings to have charge of huiUlings 
 
 aud offices, §207 lin 
 
 Courts — Law Courts of Baltimore City. 
 
 Appeals from Justices of the Peace, §319 22(i 
 
 Appearance, entry after summons, §307 21!) 
 
 Arrest of judgment, motion in, §300 217 
 
 Bills of exception, when to be signed, §316 •. 22.5 
 
 Declaration, when to be filed on a titling, §309 ' 219 
 
 Exemption from service of process in civil action, decisions. 
 
 note, 211) 
 
 Grand .Jury, selection of. §604 300 
 
 Judgment by default, when entered, §30S 21J) 
 
 Judgment, when suits shall stand, §310 220 
 
 Jurors, selection of, §602 300 
 
 New trials, motions for, 300 217 
 
 Paper book of evidence not re(iuired. §301 2J7 
 
 Pleas to declaration on titling, when filed, §309 219 
 
 Pleas, when to be filed, §308 210 
 
 Postponement of cases, §311 220 
 
 Removed cases, assignment for trial. §322 227 
 
 Removed cases, transmission of record. §322 227 
 
 Return days, §303 218 
 
 Return days, practice, §300 218 
 
 Speedy Judgment Act. 
 
 Admissions, when presumed. §312 221 
 
 Affidavit to plaintiff's claim, by whom made, particulars, 
 
 §313 222 
 
 Bond, bill or account to be filed, §313 222 
 
 Certificate of counsel to accompany plea, §312 221 
 
 Counsel fee, when allowed to defendant, S31.5A 224 
 
 Counsel fee, when allowed to plaintiff, §315 224 
 
 Damages after judgment by default, assessment, §314.... 223 
 
 Decisions, note 222 
 
 Entry of judgment, §312 221 
 
 Judgment below court's jurisdiction, practice, §312.... 221 
 Judgment by default, conditions on which it may be 
 
 stricken out, §315A-1 224 
 
 Judgment for portion of claim admitted to be due. §312. . 221 
 
 Jury trial, motion to be in writing. §314 223 
 
 Pleas and affidavit, time of filing may be extended, §312. . . 221 
 
 Pleas to be sworn to, §31 2 221 
 
 Terms of court, §302 217 
 
 Thirty-day rule, definition. §318 220 
 
 Trial calendar, order of cases on. §310 220 
 
 Writs. i-enewal»le until executed. §305 218 
 
 Witne.sses, compensation, §387 24.''»
 
 (jj^2 INDEX. 
 
 Crimks AM) Punishments. page 
 See "Justices of the Peace." 
 
 Criminal Court to liave jurisdiction, §330 230 
 
 Fire apparatus, wilful destruction, etc.. §446 25(5 
 
 Penalties for certain crimes, etc, §702 408 
 
 Cbiminal Court. 
 
 Appearance fee of traverser's attorney, §342 232 
 
 Assistant counsel for State, appointment and compensation, 
 
 §350 233 
 
 Bail, forfeiture of, attachment for contempt, §347 232 
 
 Bail, surrender of principal by security, §344 232 
 
 Binding out children of convicts, §345 232 
 
 Capias, return by sheriff, §333 230 
 
 Capias, sheriff's fees, §334 231 
 
 Commitments and recogniz;ances, justices to return, §332 230 
 
 Fines and costs, imprisonment for non-payment, §443 255 
 
 Grand Jury, appointment of clerk, §604A 301 
 
 House of Good Shepherd, jvidge to visit, §518 278 
 
 Insane convicts, removal to Bay View Asylum, §120a 128 
 
 Jurisdiction, §§330, 444 230, 255 
 
 Petty larceny, penalty, §331 230 
 
 Presentment to bear name of prosecuting witness, §343 232 
 
 Prosecution of offenders, §444 255 
 
 Removed cases, fee of State's Attorney, §349 233 
 
 Sessions of, §328 229 
 
 Sheriff's returns, penalty for failure to make, §338 231 
 
 Special sessions, §329 230 
 
 State's Attorney, additional fees, §430 254 
 
 Subpoena, when returnable, §335 231 
 
 Subpoena, renewal by clerk, §337 231 
 
 Subpoena, sheriff's fee, §336 231 
 
 Vagrants may appeal from justices' decisions, §866, note 534 
 
 Witnesses before Grand Jury, swearing, §339 231 
 
 Witnesses, fees, §387 245 
 
 Witness, penalty for non-appearance, §346 232 
 
 Damages and Benefits. 
 
 Assessment of to same person, §174 152 
 
 Opening, etc., streets, §6 32 
 
 Rule in assessing, §174, note 152 
 
 Dances, Soxkees and Mask Balls. 
 See "Special Police Fund." 
 
 Dead Bodies. 
 
 Anatomy Board, membership and duties, §298 216 
 
 Bond of physician using, §299 217 
 
 Distribution by Anatomy Board, §298 216 
 
 Friends or relatives to receive, if claimed, §298 216 
 
 Penalty for violation of law, §298 216
 
 INDEX. 613 
 
 Deaf, Dumb axd Blind. page 
 
 Age limit for instruction, §395 24(5 
 
 Application for instruction, §395 24(5 
 
 Applications, duty of Governor with reference to. §39G 247 
 
 Applications, order of disposition, §39G 247 
 
 Appropriation, annual, §397 247 
 
 Appropriation, exhaustion of, §390 247 
 
 Appropriation, maximum expenditure. §§o9(}, 397 247 
 
 Blind, cost and term of instruction, §399 248 
 
 Certificate of fitness of applicant, §395 246 
 
 Maryland Institute for Education of Deaf and l)uml>. to re- 
 ceive, §395 24(5 
 
 Qualification of applicant for instruction. §§395-399 246-248 
 
 Report of disbursements by Governor, §400 248 
 
 Transportation expenses, §396 247 
 
 Dealers in Coal. 
 See "Coal." 
 
 Decrees. 
 
 Sale of mortgaged premises, §720 375 
 
 Dedicated Streets. 
 
 Acceptance of, note, 34 
 
 Presumption of dedication, how raised, §840a 504 
 
 Streets, etc.. laid out prior to April 8. 1908, when presumed 
 
 dedicated, §S40c : 505 
 
 Streets, presumed to be dedicated unless barred by a gate. 
 
 etc., or marked "private way," §840a 504 
 
 Deeds, Leases and Transfers. 
 
 City Solicitor to approve legal form of, §63 93 
 
 Defal*lt by Mortgagor. 
 See "Mortgages." 
 
 Degrees. 
 
 See "Johns Hopkins University." 
 
 Department of Charities and Corrections. 
 See "Charities and Corrections." 
 
 Department of Legislative Reference. 
 
 Annual report, §208B 174 
 
 Bills and ordinances, to prepare, §208B " 174 
 
 Data on operation of laws, §20SB 174 
 
 Executive Officer, duties, §208 A 174 
 
 Executive Oflicer, salary, §20SC 174 
 
 Expenses, §208C 174 
 
 Index information, §208B 174 
 
 Legislation, to report on, §208B 174 
 
 Membership, §208A 171
 
 614 
 
 INDEX. 
 
 Department of PuiiLic Improvements. page 
 Board of Public ImproA'ements for consultation and advice, 
 
 §84 101 
 
 Chief Engineer, appointment, qualifications, duties and salary, 
 
 §84 100 
 
 City Surveyor, salary and duties, §84 101 
 
 Highways Engineer, duties, §84 101 
 
 Officials who constitute, §84 101 
 
 Departmental Estimates. 
 
 See "Board of Estimates." 
 
 Deputies, Assistants, Clerks and Subordinates. 
 
 Appointment and removal, §28 65 
 
 Deputy Sheriff. 
 See "Sheriff." 
 
 Destroying Property Maliciously. 
 
 Garments, wearing apparel, etc., penalty, §401 248 
 
 Goods, wares, merchandise, penalty, §401 248 
 
 Detectives, Private. 
 See "Licenses." 
 
 Disorderly and Idle Persons. 
 
 See "Vagrants and Disorderly Persons." 
 
 Dispensaries. 
 
 See "Health." 
 
 Districts. 
 
 See "Legislative Districts." 
 
 Docket Entries and Papers in Suits. 
 See "Mortgages." 
 Evidence in suits, production by subpoena duces tecum, §388. . . 245 
 
 Drays. 
 
 License and regulate. §0 " 
 
 Drunkenness. 
 
 Treatment of. §143 133 
 
 Duties — Auction. i 
 
 See "Auctioneers." 
 
 Earnings of Prisoners in Jail. 
 
 Allowance on discharge, §124 128 
 
 Easements, Public. 
 See "Franchises." 
 
 Education. 
 
 See "Schools." 
 
 City may receive funds in tru.st for, §2 2 
 
 Education, Department of. 
 See "Schools."
 
 INDEX. (515 
 
 Egbess from Buildings. page 
 
 See "Buildings." 
 Election Returns. 
 
 See "Police Commissiouers." 
 
 Elections. 
 
 City Council, First Branch, §212 176 
 
 City Council. Second Branch, §213 176 
 
 Comptroller. §33 69 
 
 Mayor, §16 59 
 
 Mayor, qualifications of voters, §16 59 
 
 President, Second Branch City Council, §214 176 
 
 Electrical Commission. 
 
 See "Stocks. Loans and Finance." 
 
 Member of Department of Public Improvements. §84 101 
 
 Eminent Domain. 
 
 See "General Condemnation Law. " 
 
 Employees and Subordinates. 
 
 Appointment and removal, §28 65 
 
 Engineers, Board of Examining. 
 See "Examining Engineers." 
 
 Enoch Pratt Free Library. 
 See "Pratt Free Library." 
 
 Erection of Steam Boilers. 
 
 Permit from city. §585 296 
 
 Erroneous Assessments. 
 
 See "Assessments" and "Appeal Ta.x Court." 
 
 Establishment of Grade Lines. 
 
 General power of city, §6 34 
 
 Estimates fob Axnu.vl Appropriations. 
 See "Board of Estimates." 
 
 Estimates for New Impro\'ements. 
 See "Board of E.stimates." 
 
 Estoppel. 
 
 Decisions, note 180 
 
 Eutaw Place. 
 
 Conditions of acceptance, §836 500 
 
 Tracks on cross streets not prohibited. S8:*.7 500 
 
 Eutaw Square. 
 
 Extension of parking, §6 30 
 
 Evidence. 
 
 Docket entries and original papers sufficient. §388 245 
 
 Master Electrician's license, §663g 342 
 
 Ordinances, printed volumes, §219 184
 
 616 
 
 INDEX. 
 
 Examining Engineers. page 
 
 Accounts, §430 251 
 
 Appointment, §426 249 
 
 Authority and powers, §429 251 
 
 Bond. §42G 249 
 
 Certificate book, §430 251 
 
 Certificate framed and displayed, §428 2-50 
 
 Certificate of proficiency, §427 249 
 
 Cliarges against engineers, §428 250 
 
 Clerli. salary, §429 251 
 
 Examination of applicants, §429 251 
 
 Examinations, notice of, §426 249 
 
 Exemptions, §428 250 
 
 Expenses, vouchers for, §430 251 
 
 Fees for certificates, §427 249 
 
 Inspection of plants, §429 251 
 
 Salaries, §430 251 
 
 State Board of Boiler Inspectors, report to, §429 251 
 
 State Comptroller to inspect certificate book, §430 251 
 
 Exchange, Bills of. 
 
 See "Bills of Exchange and Promissory Notes." 
 
 Execution. 
 
 See "Mortgages" and "Special Police Fund." 
 
 Bail, forfeiture, S278e 206 
 
 Officers' fees, §384 244 
 
 Officers for whose fees sheriff may execute, §385 244 
 
 Executive Departments. 
 
 List of, §31 67 
 
 Mayor, chief executive, §31 66 
 
 Fallsway. 
 
 See "Stocks, Loans and Finance." 
 
 Fares and Street Railways . 
 
 See "Railroads and Railways." 
 
 Female Notaries Public. 
 See "Notaries Public." 
 
 Fenders on Cars. 
 
 Passenger railways to provide, §6 27 
 
 Ferries. 
 
 See "Broadway and Locust Point Steam Ferry Company." 
 See "Municipal Ferry." 
 
 Finance, Stocks, Loans and. 
 
 See "Stocks, Loans and Finance." 
 
 Fines and Imprisonments. 
 
 Power of city to prescribe, §6 53
 
 INDEX. 
 
 617 
 
 Fixes, Fokfeitukes and Pex.vlties. page 
 
 Aliens landing within fifty miles of city, ^525 2S0 
 
 Assault and battery, §229 192 
 
 Billiards, unlicensed tables, §059 335 
 
 Disi3eusaries, conditions on which fines are paid to, H-IO 254 
 
 Dispensaries to receive' bawdy house fines, §439 254 
 
 Fish, sales under weight, §457 260 
 
 Fines imposed by Criminal Court, city to receive one-half, §438. 254 
 
 Firemen, assaulting. §447 257 
 
 Horse dealers, unlicensed, §0G2 338 
 
 Houses of ill-fame, disposition of fines from, §439 254 
 
 Immigrant paupers, failure of owner of vessel to give bond for, 
 
 §520 279 
 
 Immigrants, failure of master of vessel to report, §519 278 
 
 Imprisonment when fines and costs not paid, §443 255 
 
 Indictment for violation of Acts of Assembly or ordinances, 
 
 §444 255 
 
 Informers, rights of unaffected, §438 254 
 
 Jail, time to be serveil in, for non-payment of fine and costs. 
 
 §443 255 
 
 Jurors, absence from duty, §611 307 
 
 Jurors, dereliction of duty, §620 310 
 
 Jurors, fraud in drawing, §614 308 
 
 Jurors, sheriff's liability for fraud, §616 309 
 
 Justices of Peace, police officers and constables not to receive 
 
 fees for recovery, §639 325 
 
 Justices of the Peace, excessive fees, §656 331 
 
 Larceny, sales of goods by children, etc., §656b 331 
 
 Liquor in City Jail, §135 130 
 
 Liquor, sales without license, §§684, 688 ,356, 358 
 
 Liquor, violations of license requirements, §685 357 
 
 Market fees, illegal collection of. §708 373 
 
 Midwives, boarding infants without license, §493k 269 
 
 Oils, unlawful sale of, §§451, 453, 455 258, 259 
 
 Oysters, sale without measuring. §735 383 
 
 Park Commissioners, power to impose, §92 107 
 
 Pawnbrokers. §§692, 693 366, 367 
 
 Pollution of water supply, §905 543 
 
 Provisions of sec. 443 to apply to fines imposed 1)y iiolice magis- 
 trates, 443 A 255 
 
 Railroads, coupon tickets, §792d 428 
 
 Railroads, safety gates at grade crossings, §792 427 
 
 Real estate brokers, unlicensed, §696 368 
 
 Seats for female employees, §506 2ti9 
 
 Security for fines and costs not allowed, §44."> 255 
 
 Sentence on conviction in criminal cases. §444 255 
 
 Sheriff liable on bond for payment of moneys collected. §442.. 255 
 
 State's Attorney, additional fees from, §438 254
 
 glS INDEX. 
 
 Fines, Forfeitures and Penalties. — Continued. page 
 
 Steam boiler inspection, §5S9 29(5 
 
 Stevedores, unlicensed, §700a .370 
 
 Street railways, hours of labor, §795 429 
 
 Unclaimed fines payable to city, §441 255 
 
 Fire. 
 
 See "Fire Department" and "Fire Regulations." 
 
 General powers, §6 12 
 
 Veteran Volunteer Firemen's Association, §448 258 
 
 Fire Alarm and I'olice Telegraph. 
 See "Police Commissioners." 
 
 Fire Commissioners, Board of. 
 See "Fire Department." 
 
 Fire Crackers. 
 
 Power to regulate and prohibit, §6 50 
 
 Fire Department. 
 
 Apparatus, penalty for injury to, §446 256 
 
 Assaulting fireman, penalty, §446 256 
 
 Board of Fire Commissioners. 
 
 Appointment, duties and salary, §69 95 
 
 Department Public Safety, sub-department of, §69 95 
 
 Pension and relief of widows and children, §70 95 
 
 Retirement of firemen, §70 95 
 
 Subordinates, appointment and compensation, §69 95 
 
 Ferries, firemen and apparatus to pass without charge, §437. . . 254 
 
 Fire gongs, penalty for not installing, §447c 257 
 
 Pensions and relief of widows and children of firemen, §445. . . 256 
 
 Retirement and pension, general power, §6 12 
 
 Fire Escapes. 
 
 Sweat shops to )»e provided with, §280 210 
 
 Fire Exits. 
 
 Owners of theatres, etc., to provide, §80 99 
 
 Penalty for failure to provide, §81 99 
 
 Fire Regulations. 
 
 Fire gongs, buildings not required to have, §447d 257 
 
 Fire gongs, size and location. §447b 257 
 
 Fire gongs to be placed in hotels and apartment houses. §447a. . 257 
 Illuminating Oils and Fluids. 
 
 Accidents from explosion, penalty, §453 259 
 
 Barrels, penalty for failure to stamp, §451 259 
 
 Barrels, test warranty stamped on. §450 258 
 
 Confiscation, evidence of inspector, §454 259 
 
 Fire test, §449 258 
 
 Inspectors, false report, penalty. §455 259 
 
 Provisions not applicable to oil for export or use In street 
 
 lamps, §456 260 
 
 Te^. rights of purchaser for failure to stand, §452 259
 
 INDEX. (Jij) 
 
 Firemen. page 
 
 See "Fire Department. " 
 
 Fish. 
 
 Bass under weight, sale proliibited, ^4'u 260 
 
 Perch under weight, sale prohibited, §457 260 
 
 Sale and disposition, power to regulate, §6 13 
 
 Fiscal YejlR. 
 
 Period of, §32 68 
 
 Police Commissioners to estimate sum necessary for, §747 399 
 
 Taxable basis for ensuing, report to City Council. §40 79 
 
 Taxes, assessment and levy for, §171 : 150 
 
 Floating Debt. 
 
 Prohibited, §40 80 
 
 Footways. 
 
 Abutting property owners to pave or repair, S6 38 
 
 Poles, wires, etc., on, power to regulate, §6 39 
 
 Powers with reference to, §6 37 
 
 Trees on, power to regulate, §6 39 
 
 Forfeiture of Bail. 
 See "Bail." 
 
 Fortune Tellers. 
 
 Classed as vagrants, §866 533 
 
 Power to license, regulate, tax or suppress, §6 21 
 
 Fount^uns. 
 
 Art Commission to approve, §202 171 
 
 Erection and regulation of, §6 26 
 
 Frame Structures. 
 See "Buildings." 
 
 Franchises. 
 
 See "Board of Estimates." 
 
 Application, advertisement of, §10 56 
 
 Board of Estimates must approve terms and conditions and 
 
 fix compensation, §37 76 
 
 City may take over, §9 5'> 
 
 Compliance with terms enforceable by city, §9 56 
 
 Control and regulation, §11 5^ 
 
 Decisions, note ISO 
 
 Duration and conditions of re-grants in Annex. §800a 431 
 
 Duration limited, §9 55 
 
 Franchises not to be granted, §8 54 
 
 Ordinance, must be granted by, §37 76 
 
 Re-grants in Annex, graduated Park Tax, §800a 432 
 
 Terms and conditions embodied in ordiuiince, §37 76 
 
 United Railways and Electric Company, re-grant of franchises 
 
 in Annex, §8001) 432 
 
 Valuation of renewals, §9 55 
 
 Wharves, need not be granted to highest bidder, §37A 78
 
 620 
 
 INDEX. 
 
 Fraud Against Police Funds. page 
 
 See "Special Police Fund." 
 
 Feee Library. 
 
 See "Pratt Free Library." 
 
 Front Foot Rule. 
 
 Assessments for grading, etc., made by, §6 38 
 
 Fruits, Vegetables, Etc. 
 
 Power to license and regulate sale, §G 13 
 
 Funds. 
 
 See "Sinking Funds," "Special Police Fund," "Stocks, Loans 
 and Finance." 
 
 Funerals. 
 
 Ferries, to pass free over same, §437 254 
 
 Garbage and Street Dirt. 
 
 Contract with United Railways for removal and (lisi)ositioii. 
 
 §841ee •'524 
 
 Hours for removal, §S41ee 524 
 
 Receptacles, §S41ee 524 
 
 Gas and Oils, Illuminating. 
 
 See "Illuminating Oils and Fluids." 
 
 Gas Companies. 
 
 Candle power of gas, §462 260 
 
 Natural gas, agreement may contain conditions as to artificial 
 
 gas, §462b 261 
 
 Natural gas, conditions on which it may be introduced in city, 
 
 §462a 260 
 
 Natural gas, provisions of act not to limit powers of Public 
 
 Service Commission, §462c 261 
 
 Overcharges prohibited, §542 284 
 
 Price of gas, §461 260 
 
 Testing gas, specifications, §462 260 
 
 Gas Meters. 
 
 Consumption of gas shown by meter, no charge in excess of. 
 
 §542 '\ 284 
 
 Installation required, §541 284 
 
 Tests, rules governing, §543 285 
 
 Gaugers of Casks and Liquors. 
 
 See "Inspections, Weights and Measures." 
 
 General Condemnation Law. 
 
 Amendments, to petition, answer and other proceedings, court 
 
 may permit, A]ip. §5 565 
 
 Answer, time may be extended by court, App. §5 565 
 
 Answer, when to be filed, App. §4 565 
 
 Appeal, right of. when to be entered, App. §12 568 
 
 Appeals, when to be heard by Court of Appeals, App. §14 569
 
 INDEX. 621 
 
 Gkxeral Coxdemxatiox Law. — Continued. page 
 
 Bills of Exception, when to be signed, App. §12 568 
 
 Condemnations, all to conducted under provisions of this Act. 
 
 except street condemnations. App. SI 5 569 
 
 Costs, in Court of Appeals to be paid as that Court directs, App. 
 
 §16 569 
 
 Costs, in lower court to be paid by petitioner, App. §1(5 569 
 
 Demurrers, motions, etc., how disposed of, App. §5 565 
 
 Guardian ad litem, court may appoint. App. §4 565 
 
 Intervene, right of persons to, App. §10 567 
 
 Invalidity of sec. 17 not to affect remainder of Act, App. §l.s. . . 570 
 
 Jury, how secured, App. §7 566 
 
 Jury, oath of, App. §8 566 
 
 Jury to view premises, App. §8 566 
 
 Jury, who may accompany jury to view premises, App. §8 566 
 
 New day to be fixed for trial if verdict set aside, App. §11 56S 
 
 Non-resident or unknown defendant, order of publication for. 
 
 App. §3 5()4 
 
 Petition to be filed, what it shall set forth. App. §2 564 
 
 Possession of property, how same may be secured pending ap- 
 peal, App. §17 569 
 
 Powers and disabilities of tho.se accompanying jury, Apj). §s. . . 567 
 
 Private property, acquisition of, for public use, App. §1 564 
 
 Procedure at new trial. App. §11 568 
 
 Record, when to be filed in Court of Appeals. App. §12 568 
 
 Street condemnations not subject to provisions' of this Act, 
 
 App. §15. 5(!9 
 
 Summons, renewal of, App. §.3 564 
 
 Summons, to be issued for defendants, App. §3 564 
 
 Title to property, to be a fee-simple title. App. §13 569 
 
 Title to property, when to vest in petitioner App. §13 568 
 
 Trial day, when to be fixed by court, App. §6 566 
 
 Trial, procedure at, App. §9 567 
 
 Verdict, how judgment shall be entered upon. App. §11 568 
 
 Verdict, judgment to be entered on, App. §11 568 
 
 Verdict of jury, may be excepted to, etc., App. §11 567 
 
 General Fund Bonds. 
 
 See "Stocks, Loans and Finance." 
 
 General Powers. 
 
 Buildings, §6 6 
 
 Carriages, §6 7 
 
 Chimneys, §6 S 
 
 Condemnation of property. §6 8 
 
 Decisions, note 183 
 
 Fire, §6 12 
 
 Fish. §6 13 
 
 Fruits, meats, vegetables and other artiel(>s. §(! i:'. 
 
 Harbor, docks and wharves, §6 13
 
 022 INDEX. 
 
 General Powers. — Continued. page 
 
 Health, §6 14 
 
 Hospitals, §6 17 
 
 In.spections, §6 17 
 
 Jail, §6 18 
 
 Jones' Falls, §G 18 
 
 Libraries, §0 22 
 
 Licenses, §(> 21 
 
 Marliets, §6 22 
 
 Municipal ferry, §6 23 
 
 Parks, §6 23 
 
 Peddlers, §6 26 
 
 Police, §G 25 
 
 Police power, §6 25 
 
 Property and f raucliises vested in city, §2 2 
 
 Property, may receive in trust and dispose of, §2 2 
 
 Property, power to dispose of, §1 1 
 
 Property, power to hold, §1 1 
 
 Public recreation, §6B 54 
 
 Pumps, fountains and springs, §6 26 
 
 Railroads, §6 26 
 
 Schools, §6 28 
 
 Seal, use and alter, §1 1 
 
 Sewers, §6 28 
 
 Squares, springs and monuments, §6 30 
 
 Stocks, loans and finance, §6 31 
 
 Streets, bridges and highways, §6 32 
 
 Bridges and turnpike roads, §6 42 
 
 Cleaning and ligliting streets, §6 40 
 
 Conduits, electrical commission and rentals of conduits, §6. 41 
 
 Distributing poles and other similar structures, §6 42 
 
 Footways, §6 37 
 
 Grade lines of streets, §6 34 
 
 Grading, paving, curbing, etc., streets (special ordinance), 
 
 §6 35 
 
 Grading, paving, curbing, etc., streets, §6. 36 
 
 Levy of tax to pay unpaid assessments for grading, paving, 
 
 etc., §6 37 
 
 Light Street Bridge, §6 42 
 
 Numbering houses, §6 39 
 
 Opening of street surface, §6 39 
 
 Regulating use of sidewalks and streets by signs, poles. 
 
 wires, trees, etc., §6 39 
 
 Regulating use of streets, obstructions and encroachments, 
 
 §6 38 
 
 Use of streets by tracks, poles and wires. §6 40 
 
 Succession, perpetual, §1 1 
 
 Sued and be sued, §1 1
 
 INDEX. (\2i] 
 
 General Powers. — Continued. page 
 
 Surveyor. §6 4S 
 
 Taxes, §« '^'^ 
 
 Abatement to encourage manufactures. SG 44 
 
 Annual levy, §G 43 
 
 Collection of taxes, §G 45 
 
 Property taxal)le, iJO 43 
 
 Theatrical and otlier imbiic amusements, §(i 4(>. 
 
 Water, §6 4(; 
 
 Acquisition of land and water coui'ses. §0 4t; 
 
 Acquisition of property and materials by agreement. §6. 47 
 
 Compensation of jurors and sheriff, §6 HO 
 
 Duty of court, §6 49 
 
 Duty of jury, §6 48 
 
 Inquisition, §6 40 
 
 Property condemned, §6 49 
 
 Oath. 5|G 48 
 
 Or may acquire same by condemnation proceedinj^s. §(> 47 
 
 Sale of water, §6 47 
 
 Selection of jury. §6 48 
 
 Selection of jury, §6 -^0 
 
 Water bonds, §6 51 
 
 Water stock, §G 50 
 
 Water .system in Annex and suburbs, §6 51 
 
 Welfare and other powers, §G 52 
 
 German Newspapers. 
 
 Advertising in. authorized, §222a I'^S 
 
 German Society of Maryland. 
 See "Immigrants." 
 
 Grading, Paving. Etc.. Streets. 
 
 Application of owner, §G 36 
 
 Appeals to City Court and Court of Appeals. §G 35 
 
 Assessments for cost of work, S6 35 
 
 Changes of grade for railroad tracks. §G 27 
 
 Jones' Falls Improvement, SG 20 
 
 Ordinance, authority to provide for Ity. §G 36 
 
 Special ordinance, hearing before passing, §6 35 
 
 Special ordinance, notice before passing, §G 35 
 
 Grain Brokeks. 
 
 • License, §694 367 
 
 Grand Jury. 
 
 See "Jurors." 
 
 Licenses, sheriff to furnish list, 5(701 370 
 
 Presentment to have name of proscHJUting witness endorsed 
 
 thereon, §34.*} 232 
 
 Witnesses, liow sworn, §3:',9 278
 
 024 INDEX. 
 
 Green Spring Avenue Road. page 
 
 Deed for, §6 24 
 
 Jurisdiction, powers §6 24 
 
 Gunpowder. 
 
 Storage, §0 12 
 
 H 
 Hackney Carriages. 
 
 See "Carriages, Horses and Automobiles, Haclvney Carriages." 
 
 Harbor Board. 
 
 Member of Department of Public Improvements, §84 101 
 
 Harbor, Docks and Wharves. 
 
 See "Stocks, Loans and Finance." 
 
 Duty, failure to perform, city not liable, §469 262 
 
 General powers as to, §6 18 
 
 Harbor Master, appointment, §34 69 
 
 Harbor Board. 
 
 Department of Public Improvements, member of, §84.... 101 
 
 Harbor Engineer, duties, §SS 105 
 
 Harbor Engineer to be president, §88 105 
 
 Harbor, wharves and navigable waters, to have charge of, 
 
 §88 105 
 
 Subordinates, appointment, §88 105 
 
 Iceboat Annapolis. 
 
 Expenses paid by city, §484 264 
 
 Harbor Board to appoint officers and crew, §481 263 
 
 Harbor Board to have control, subject to Governor's orders, 
 
 §480 263 
 
 Receipts and disbursements, report to Governor and Comp- 
 troller, §485 264 
 
 Towage rates, §483 264 
 
 UE'e, clearing harbor and relieving vessels, §482 263 
 
 Iceboats Annapolis and Latrobe. 
 
 Use, also channels of Cbesaneake Bay and tributaries, §483 264 
 
 Made land, city dock, title to, §467 262 
 
 Penalty for violation of sec 463. §464 261 
 
 Public wharves may be leased in the discretion of Board of 
 
 Estimates, §37A 78 
 
 Wharf or dock, not to obstruct, penalty, §468 262 
 
 Wharves, piers, etc., not to be altered, extended or removed 
 
 without consent of Harbor Board, §463 261 
 
 Wood, landed on State Wharves', charges, §479 263 
 
 Wood, when it may be landed on State Wharves, §478 263 
 
 Haubert Street Wharf. 
 See "Ferries." 
 
 Hawkers, Hucksters and Peddlers. 
 
 License, §6 21
 
 INDEX. ^25 
 
 Hay and Straw. page 
 
 See ''Inspections, Weights and Measures." 
 
 Hay Scales. 
 
 Storage charges at, §562 289 
 
 Heads of Departmexts. 
 
 Authority to pass rules and regulations, §31 67 
 
 Estimates to Board of Estimates, §36 72 
 
 Finance, Department of, §32 t OS 
 
 ^Meetings of boards tliat are lieads of departments, §31 1 (iO 
 
 Minority membership of bodies forming, §30 6G 
 
 * Participation in discussions in First Branch City Council, §29. . 66 
 
 Reports to Mayor. §24 63 
 
 Subordinates, power to appoint, §28 65 
 
 Tenure of office, §27 65 
 
 Health. 
 
 See "Commissioner of Health," "Nuisances," and "Tenement 
 
 and Lodging Houses." 
 Chemical laboratories, city may prohibit by ordinance, §493.. 266 
 Chemical laboratories, erection, consent of city required, §493 266 
 
 Decisions' relating to, note 15-17 
 
 General powers, §6 14 
 
 Hospitals for infectious diseases, see "Hospitals." 
 
 Offensive trades, §6 15 
 
 Seats for female employees in stores and factories, §505 269 
 
 HicERMAX Society of B.ultimoke. 
 
 Immigrants, commutation money, portion payable to. §528. . . . 281 
 Immigrants, penalties, portion payable to. §529 281 
 
 Highways Engineer. 
 
 Appointment, duties, qualifications and salary, §86 102 
 
 Department of Public Improvements, head of first sub-depart- 
 ment of, §86 103 
 
 Improved pavements', permits for tearing up, §&6C 104 
 
 Improved pavements, protection of, §86B 103 
 
 Notice by, before improved paving is laid, §S6B 103 
 
 Sewerage System, upon completion to have charge of mainten- 
 ance and extension of, §86D 104 
 
 Subordinates, appointment and compensation, §86 103 
 
 Holidays. 
 
 Legal. §279b 209 
 
 Horse Dealers. 
 
 See "Licenses." 
 
 Horses, Carriages and Wagons. 
 See "'Auctioneers." 
 
 Regulations by Mayor relating to, §258 198 
 
 Sale, Mayor may designate place of, §258 198
 
 626 
 
 INDEX. 
 
 Horses, Mares and Geldings. page 
 
 See "Livery Stable Keepers." 
 
 Horseshoeing. 
 
 Board of Examiners for Horseshoers. 
 
 Appointment and term. §515b 273 
 
 Meetings, rules, examinations, §515c 273 
 
 Certificate, who is entitled to without examination, §515d 274 
 
 Certificates, record of, copies, §515e 274 
 
 Horseshoers must obtain certificate and register, §515a 273 
 
 Penalties for violation of law, §515f 274 
 
 Penalties, disposition of, §515f 274 
 
 Hospital — Contagious Diseases. 
 
 See "Stocks, Loans and Finance." 
 
 Hospitals. 
 
 Garage, livery or hiring stablos. not to be erected, altered or 
 
 used within 600 feet of public, §448a 258 
 
 General powers, §6 17 
 
 Hospital for Consumptives of Maryland, appropriation for, 
 
 §493g 268 
 
 Infectious Diseases. 
 
 Ordinance authorizing .site, how passed, §493d 267 
 
 Ordinance authorizing site shall specify diseas'es to be 
 
 treated, §493e 267 
 
 Site authorized by ordinance, §493d 267 
 
 Suspected persons may be detained, §493f 267 
 
 Use limited to diseases specified in ordinance, §493e 267 
 
 Hotels. 
 
 See ''Fire Regulations." 
 
 Hotels and Apartment Houses. 
 See "Fire Regulations." 
 
 Hours of Labor and Wages. 
 
 City contractors, hours of employees, §516a 275 
 
 Day's work, number of hours, §516 275 
 
 Exemption, §516 275 
 
 Laborers, etc., employed by rify contractors, per diem wages, 
 
 §516 275 
 
 Laborers, etc., employed by city per diem wages. §516 275 
 
 Law not applicable to employees of Fire Dept. Bay View Asy- 
 lum or Jail, §516c 276 
 
 Railroad employees, See "Railroads and Railways." 
 
 Houses. 
 
 See "Buildings." 
 
 Numbering same, §6 39 
 
 House of Correction. 
 
 See "Houses of Refuge and Reformation." 
 
 Erection and regulation, §6 17
 
 INDEX. 
 
 627 
 
 Houses of Refl'ge and Reformation. page 
 
 Appropriation per capita for minors. §517 276 
 
 Boys' Home Society of Baltimore, appropriation, §517 276 
 
 Colored House of Reformation, appropriation, §517 276 
 
 Criminal Court Judge to visit House of Good Shepherd, §518. . 278 
 
 Decisions, §517, note 276 
 
 Exeter Street Rescue Home for Women, appropriation, §517d, 
 
 517f 278 
 
 Female House of Refuge, §517 276 
 
 Female House of Refuge, appropriation for repairs, permanent 
 
 improvements, etc., §517 A 277 
 
 Florence Crittenden Mission, appropriation, §517e 278 
 
 House of Good Shepherd for Colored Girls, appropriation, §517 276 
 
 Industrial HoiiU' for Colored Girls, appropriation. §517 276 
 
 Marshal of Police to visit House of Good Shepherd, §518 278 
 
 Maryland School for Boys, appropriation, §517 276 
 
 Maryland School for Boys, appropriation for repairs, perma- 
 nent improvements, etc., §517 276 
 
 National Junior Republic, appropriation for repairs, perma- 
 nent improvements, etc., §517C 277 
 
 President of Police Board to vis'it House of Good Shepherd 
 
 §518 278 
 
 Prisoners' Aid Association, appropriation, §517C 277 
 
 Reformatories to which minors are committed from City, appro- 
 priation, §517 276 
 
 St. Mary's Industrial School, appropriation, §517 276 
 
 St. Mary's Industrial School, appropriation for repairs, perma- 
 nent improvements, etc, §517B 277 
 
 St. A'incent's Male Orphan Asylum, §517 276 
 
 House of Good Shepherd fob Colored Girls. 
 See "Houses of Refuge and Reformation." 
 
 Ice. 
 
 Sale on Sunday prohibited, §§806, 807 438 
 
 Ice Boats. 
 
 See "Harbor, Docks and Wharves." 
 
 Illuminating Gas, Oils and Fluids. 
 
 See "Fire Regulations" and "Gas Companies." 
 
 Immigrants. 
 
 Aliens, master of vessel to report to Mayor, §51J) 278 
 
 Ambassadors, consuls and ministers exempt from regulations, 
 
 §531 281 
 
 Bond may be se(;ured I)y mortgage, §522 270 
 
 Bond of indemnity against pauper aliens, §.520 279 
 
 City Register, percentage on money collected, §5;;o , 280 
 
 Commutation money, disbursement of, §528 281 
 
 Fines and penalties, disbursement, §520 281 
 
 Fines and penalties. Mayor may compound or remit, §.527.... 280
 
 628 
 
 INDEX. 
 
 Immigrants. — Continued. page 
 
 Fines and penalties, recovery, §526 280 
 
 Security to be approved by Mayor, §523 2S0 
 
 Sureties on bond, §521 279 
 
 Tax on aliens landed in lieu of bond, §524 280 
 
 Improvements. 
 
 Decisions, note 181 
 
 Index to Deeds, Conveyances, Etc 
 See "Land Records." 
 
 Indices of Judgments. 
 
 Clerks of law courts to prepare, §362 288 
 
 Fees of clerk, §362 238 
 
 Inflammable and Explosive Materials. 
 
 See "Fire Regulations." 
 Insane and Lunatic Convicts. 
 
 Visitors of Jail may remove, §120a 127 
 
 Inspections, Weights and Measures. 
 
 Barrel for measurement of green peas and beans, §§532-534. .281-282 
 Coal. 
 
 Memorandum of weight, penalty for failure to provide, 
 
 §538 288 
 
 Sales by bushel, §540 •. 284 
 
 Policemen to enforce law,§§537-539A 283-284 
 
 Seller's compensation for weighing, §539 284 
 
 AVeighing, penalty for failure, §536 282 
 
 False marking, penalty, §549 286 
 
 Fines and penalties, recovery, §6 IS 
 
 Gauger, who cannot act, §546 . -85 
 
 Gangers of casks and liquors, fraud, penalty, §551 287 
 
 Gauging, when not required, §546 285 
 
 Gauging without license or outside city limits, penalties, §551 . . 287 
 
 General powers, §6 17 
 
 Hay and Straw. 
 
 Bond of inspectors, ^J)L?> 287 
 
 Fees, inspector to account to Treasurer, §564 289 
 
 Fees of inspectors, §556 288 
 
 Fraud after weighing, §559 289 
 
 Hemps, cable, etc., to be weighed by inspectors, §561 289 
 
 Inspectors, appointment, §552 287 
 
 Ijive stock to be weighed at Canton scales, §565 290 
 
 Penalty for false certificate by private weigher. §.558 289 
 
 Re-weighing, charge for, §560 289 
 
 Scales, adjustment, §563 289 
 
 Storage charges, §562 289 
 
 Vendor, penalty for failure to weigh, §557 288 
 
 Weighing by inspectors, §554 287 
 
 Weight, certificate by inspector, §555 288 
 
 Weight, certificate by private weigher, §555 288
 
 INDEX. (329 
 
 I.NSPECTioNS, Weights and ^Measures. — Continued. page 
 
 Inspector and analyst, §G IT 
 
 Inspector at Cantim scales, compensation, §5W) '2i)0 
 
 Inspector at Canton scales to record weights and report semi- 
 annually to Comptroller, §566 200 
 
 Licenses, §554 2S5 
 
 Live stock, additional bond of inspector at Canton scales, §569. 291 
 
 Live stock, imiiounding for fees, §567 290 
 
 Live stock, weighed at Canton scales, §565 290 
 
 Manure, measurement of cart load, §571 291 
 
 ;Milk and food products', sale, §6 18 
 
 Oils, fluids and other petroleum products, §6 12 
 
 Scales required, penalty for failure to provide, §535 282 
 
 Weights and measures, to fix standard, §6 17 
 
 Wine measure to be used, penalty for error, §548 286 
 
 Inspector of BI'ILdings. 
 See "Buildings." 
 
 » Appointment, qualifications, salary, §79 98 
 
 Assistants, clerks and subordinates, appointment and compensa- 
 tion. §82 99 
 
 Building laws and regulations to be enforced by, §§79. 82 98. 99 
 
 Department of Bublic Safety, member of, §89 106 
 
 Department of Public Impro\ements, member of, §84 100 
 
 Exits, inspection, etc., §80 ^^ 
 
 Exits, owner to provide proper, §80 99 
 
 Exits, penalty for failure to provide, §81 99 
 
 Fire gongs in hotels, s^e "Fire Regulations." 
 
 Public Imildings. superintend construction and repair. §89 106 
 
 School buildings, construction and plans, §99 110 
 
 Inspectors and Analysts. 
 
 Bakers, candy factories, confectioneries, inspectors and ana- 
 lysts of, §73 ^6 
 
 Duties and salaries, §6 IS 
 
 Milk and other food products, inspection, §74 96 
 
 Sanitary inspectors, appointment, §72 96 
 
 Sewers, inspection of private, §6 •■ -^ 
 
 Weights and measures, inspector of. appointment, §34 69 
 
 Intelligence Offices. 
 
 License, §6 ^^ 
 
 Intestates' Estates. 
 See -'Schools." 
 
 Jail. 
 
 Books of accounts to be kept, §125 1-^ 
 
 Criminal offences, commitment in default of fines, §444 255 
 
 Department of Charities and Corrections, Visitors of Jail mem- 
 ber, §118 !-■< 
 
 Diet, bedding and clothing, to be provided jMisdners, §121 128
 
 630 
 
 INDEX. 
 
 Jail. — Continued. page 
 
 General i>owers, §6 18 
 
 Good behavior, deduction from sentence, §139 131 
 
 Good behavior, deduction lost, if insubordinate, §139 132 
 
 Grand Jury to visit and report to court, §619 310 
 
 Insane or diseased convicts, transferred to Bay View Asylum. 
 
 §§120a, 144 127, 133 
 
 Liquor not to be sold or given away in, penalty, §135 130 
 
 Prisoners, attorney for, may see, §§136, 137 131 
 
 Prisoners, employment and earnings, §124 128 
 
 Prisoners serving sentence to be kept separate from those 
 
 awaiting trial, §140 132 
 
 Prisoners to be employed, §122 128 
 
 Prisoners, to receive only prison fai'e, except on order of Jail 
 
 physician, §138 131 
 
 Prisoners, visitors to must have li«'ense, §§136, 137 131 
 
 Vagrants to work about premises, §123 128 
 
 Visitors of Jail. 
 
 Annual statement to City Register, §134 130 
 
 Appointment, duties and powers, §118 127 
 
 Authority over Jail. §120 127 
 
 Meetings, §119 127 
 
 Warden. 
 
 Account to visitors, §133 130 
 
 Appointment, §126 129 
 
 Assistants and servants, §126 129 
 
 A&sistants. power of appointment, §130 130 
 
 Bond, §128 129 
 
 Commitments directed to. §131 131 
 
 Duties, §127 129 
 
 Oath of office, §129 129 
 
 Prisoners to be transported to and from court, §132 130 
 
 Johns Hopkins University. 
 
 Art Commission to appoint member, §201 171 
 
 Degrees, power to confer, §815 439 
 
 Department of Legislative Reference, president on Board, §208A 174 
 
 Powers, §814 439 
 
 Joint Convention of City Council. 
 See "City Council." 
 
 Jones' Falls. 
 
 Acquisition of property, §6 10 
 
 Appeals in condemnation cases, §6 19 
 
 Appeals, none from Baltimore City Court, §600 299 
 
 Assessment of benefits and damages, §6 19 
 
 Bond issue of $2.-500,000, §6 20 
 
 Collection of assessments, §6 20 
 
 General powers, §6 18 
 
 Grades of streets, §6 20
 
 INDEX. Q^i 
 
 Jones" Falls. — Continued. page 
 
 Limits, §6 20 
 
 Ordiuauce of January 31, 1S70, validated, §601 299 
 
 Walls, when city may build, §6 21 
 
 Wharves or quays along, §6 21 
 
 Jones' Falls Improvement, Fallsway. 
 
 See "Stocks, Loans and Finance." 
 Journal of City Council. 
 
 See "City Council." 
 
 Judges, Election of, §326, note 229 
 
 Judges of Orphans' Court. 
 
 Per diem, §352 2?A 
 
 Judgments. 
 
 Claim, where part is admitted, §312 220 
 
 Supersedeas of, by whom to be taken. §647 327 
 
 When below jurisdiction of court. §312 220 
 
 When to be entered, §312 220 
 
 Jurors. 
 
 Additional jurors, selection and duties. §607 304 
 
 City Collector to furnish list of taxable, male inhaititants. §603. ;U)0 
 
 Clerk to Grand Jury, duties, §604C ;;02 
 
 Clerk to Grand Jury, oath. §6(>4B 302 
 
 Clerk to Grand Jury, penalty for violation of oath, §6041) .'!03 
 
 Drawing and summoning, provisions directory and not man- 
 datory, §620 310 
 
 Fraud, in drawing, §614 ;'.09 
 
 Grand Jury, clerk, to be stenographer, salary, §604A .■{02 
 
 How selected, §605 303 
 
 In trials in Circuit Court, §323 228 
 
 Judgment not affected by irregularity in drawing jury. §620. . :;iO 
 
 List, Grand Jurors to be selected from, §(>04 ."JOl 
 
 List, to be selected from, §604 -"{Ol 
 
 Minutes of Grand Jury in custody of State's Att(»niey. §604(". . .■'>02 
 
 Names to be entered in two books, §606 304 
 
 Pay, City Register to pay in cash. §621 -{lO 
 
 Penalty for non-attondance, §611 307 
 
 Peremptory challenge, State's Attorney may challenge five. 
 
 §618 -lO 
 
 Regular panel, procedure when exhausted, §(>()!) 306 
 
 Selection of. §602 -W^ 
 
 Service, not liable for jury duty for two years after. §()12.... 307 
 Sheriff or deputies, penalty for violation of this sub-division 
 
 of this article, §616 309 
 
 Sheriff to summon. §608 '105 
 
 Special juries, how summoned. §615 309 
 
 Talesmen, failure to appear. 610 306 
 
 Term of service, §611 •'<>" 
 
 Those not needed In one court m.-iy be used in another. §613. . 308
 
 (?32 
 
 INDEX. 
 
 Jurors. — Continued. page 
 
 Two judges may execute these provisions, §(517 o09 
 
 Volunteer militia exempt from petit jury duty, §622 311 
 
 Jury Trial. 
 
 Motion for, to be in writing, §314 223 
 
 Justices of the Peace. 
 
 Accounting for fines, affidavit thereto, details of account, §643. . 326 
 
 Appeal, costs of justice to be paid before trial, §319 226 
 
 Appeals from decisions, §319 226 
 
 Appointment by Governor, §623 311 
 
 Arrests, when police magistrates are nut on duty, §631 317 
 
 Bond, conditions and penalty, §624 313 
 
 Compensation, when called out of office may receive extra, 
 
 §628 31.5 
 
 Dockets and papers, disposition of upon death or removal, §648. 327 
 Dockets and papers of Justices of Peoples' Court to remain 
 
 in custody of Chief Constable, §648 248 
 
 Fees, penalty for excessive, §656 330 
 
 Fees, what not to be paid by city, §639 325 
 
 Fines, forfeitures and penalties, accounting for city's portion, 
 
 §644 326 
 
 Fines, forfeitures and penalties, affidavit when none collected, 
 
 §645 327 
 
 Fines, forfeitures and penalties imposed under State laws to 
 
 be paid to Clerk of Court of Common Pleas, §643 326 
 
 Landlord and tenant, appeal, §655 330 
 
 Landlord and tenant, trial of re-entry proceeding. §653 329 
 
 Landlord, proceedings in re-entry of property, §652 328 
 
 Landlords and tenants, powers relating to, §852 530 
 
 Magistrate for Juvenile Causes. 
 
 Absence of, §632A 312 
 
 Appointment, duties and salary, §623 A 312 
 
 Clerk. §632A 312 
 
 Contempt, limits on power to punish. §623AA 313 
 
 Contempt punishable by fine not exceeding $20. S623AA. . . . 313 
 ]\linors, arrest, temporary confinement and commitment, 
 
 §623A ; 312 
 
 Policemen to attend court. §623 A 312 
 
 Qualifications, §623A 312 
 
 Rules and orders, may make. §623 AA 313 
 
 Stenographer, appointment and salary, §SS6P 541 
 
 Substitute, Governor to appoint justice to act as, §623A. . . . 313 
 
 Misdemeanor in office punishable by removal. §649 328 
 
 People's Court. 
 
 Justices of, appointment, salaries and duties, §625 314 
 
 Presiding justice, duties and powers. §625A 314 
 
 Salaries to be paid by city, §625 314 
 
 Trial, hours, place of. §625 A 314
 
 INDEX. 633 
 
 Justices of the Peace. — Continued. page 
 Salaries, otlier than those specially provided for in sees. ()23A. 
 
 625 and 630-638, §625B 315 
 
 Station-house Justices. 
 
 Additional justices, §630 316 
 
 Appeal, none after payment of tine or expiration of sen- 
 tence, §632A 319 
 
 Appeal, time of, §632A 311) 
 
 Appeal, trial in Criminal Court to be de novo, §632A :*>1!) 
 
 Appeals from to Criminal Court, §632A 319 
 
 Appearance, collateral for when justice absent, §631 317 
 
 Appointment, ottice hours and duties, §630 316 
 
 Arrest or order to show cause, discretion as to violations of 
 
 city ordinances, §632E 321 
 
 Bail, party to be admitted to, pending trial of appeal, 
 
 §632A 319 
 
 Bail, police captain, etc., may accept in double amount en- 
 dorsed on warrant, §632F 321 
 
 Bail to be endorsed on warrant before issuing same, §632F 321 
 
 Compensation, not to receive fees or gratuities, §636 323 
 
 Concealed weapons, §632 317 
 
 Contempt, power to punish for, rights of party, §632H 322 
 
 Conviction, penalty to be imposed, §633 323 
 
 Costs to be paid to Police Commissioners, §646 327 
 
 Discretion when charge is violation of city ordinance, §632E 321 
 
 Failure to prosecute appeal, a waiver of all rights, §632C. . 320 
 
 Fine, commitment in default of payment, §633 323 
 
 Governor may re-assign or select other justices, §635 323 
 
 Hawkers and peddlers selling without license, §632 318 
 
 Imprisonment, when in jail only, §632D 320 
 
 Imprisonment, when in jail or House of Correction . . §632D 320 
 Jury trial, accused to be committed or held for court on 
 
 bail, §632 318 
 
 Leave of absence with pay, Police Commissioners to desig- 
 nate substitute, §638 324 
 
 Offenses not to be tried by, §632 318 
 
 Police captain, etc., may release prisoner on bail in double 
 
 amount endorsed on warrant, §632F 321 
 
 Prisoners in jail and House of Correction, how appeal 
 
 taken, §632B 320 
 
 Substitutes in case of absence or sickness. §637 324 
 
 Substitutes, when pay shall be deducted fiom salary of 
 
 regular justice, §637 324 
 
 Witnesses for prosecution, names to I»e endorsed on com- 
 mitment or recognizance, §634 323 
 
 Witnesses, may summon and fine for non-attendance, §632G 322 
 
 Writs, etc., issued by, I>y whom sei'vcd, §()40 325
 
 634 INDEX. 
 
 Justices of the Peace.— Continued. page 
 
 Writs in all cases returnable before station-house justices 
 
 §641 325 
 
 Summons and execution, to issue only on application in writ- 
 ing, §026 315 
 
 Supersedeas of judgment obtained in Court of Common Pleas. 
 
 etc., not to take, §647 327 
 
 Tenant, dispossession of, §654 32() 
 
 Vagrants, commitments of, §141 132 
 
 Vagrants, costs of commitment, §141 132 
 
 Writs, warrants and summons returnable before I'residing 
 
 Judge of People's Court, §627 315 
 
 Juvenile Causes. 
 
 See "Justices of the Peace." 
 
 Juvenile Coubt. 
 
 See "Justices of the Peace." 
 Juvenile Institutions. 
 
 Commitment of minors to, §623A 312 
 
 Power and authority of certain, §886 539 
 
 Labor. 
 
 See "Hours of Labor and Wages." 
 
 Laboratories, Chemical. 
 
 Erection prohibited unless authorized by ordinance, §493 266 
 
 Lake Clifton. 
 
 Construction and completion, §6 51 
 
 Land Records. 
 
 Copies, when certified, to be evidence, §365 239 
 
 Index, new plan to be approved by Supreme Bench, §803 437 
 
 Index, new plan to be prepared by Clerk of Superior Court. 
 
 §§802, 803 437 
 
 Record books to be kept, §366 239 
 
 Worn out records, renewal, cost, how paid, §§804, 805 437 
 
 Worn out records, Superior Court Clerk directed to have cer- 
 tain ones recopied, §§364, 364a. 364b, 365. 366 238, 239 
 
 Landlord and Tenant. 
 
 See "Justices of the Peace." 
 
 Attachment suit, cannot petition in when right of distress does 
 
 not exist, §844, note 529 
 
 Appeals, judgment not reversible for errors of form, §862 532 
 
 Appeals to Baltimore City Court. §860 532 
 
 Appeals to be tried at first term, §863 532 
 
 Baltimore City Court, cases removable to only on appeal, §861. 532 
 
 Damages to tenant when judgment is against landlord, §858. . . 531 
 
 Dispossession of tenant, proceedings for, §§853-864 530-533 
 
 Distraint, warrant for to be directed to and served by sheriff 
 
 or constable only. §656^ 331
 
 INDEX. 
 
 635 
 
 Landlord and Tenant. — Continued. p.\ge 
 
 Interrogatories, copies served same as notices to quit, §856 531 
 
 Justice of the Peace, power to render judgments, subject to 
 
 appeal, §852 530 
 
 Landlord may claim rent where goods are sold under order of 
 
 court, §844, note 529 
 
 Notice to terminate tenancy, agreement as to, effect, §851 530 
 
 Tenant Holding Over. 
 
 Adjournment of trial, §053 329 
 
 Appeal, bond, §G55 330 
 
 Complaint of landlord before Justice, §052 328 
 
 Costs, §656 330 
 
 Dispossession, §654 329 
 
 Distress, when denied, §650 328 
 
 Execution, §655 330 
 
 Fees and charges of Justice, §650 330 
 
 Judgment for lessor, proviso, §653 329 
 
 Summons to tenant in arrear, §652 328 
 
 Surrender, order to tenant, §653 329 
 
 Warrant of re-entry, §654 329 
 
 Notice to Terminate Tenancy. 
 
 Lands and tenements, gives landlord right to possession of, 
 
 §850 530 
 
 Need not state time of leaving, §849 530 
 
 Rights of lessor and lessee extend to heirs, etc., §864 533 
 
 Summons in proceedings to dispossess, §853 530 
 
 Tenant at will. §844, note 528 
 
 Tenant to landlord, 30 days, §847 529 
 
 Term from year to year, §844 528 
 
 Term less than one year, §845 529 
 
 To tenant, must be in writing, served on tenant, or agent. 
 
 or set up on premises. §848 529 
 
 Larceny. 
 
 Minors, purchase of certain articles from, prohibited, §656a .... 331 
 
 Minors, purchasing from, parent to accompany child, etc., §656a. 321 
 
 Minors, purchasing from, penalty for false certifying, §656b. . . . 331 
 
 Petty larceny, penalty for, §331 230 
 
 Provision of sees. 656a and 656b not to effect provisions of gen- 
 eral law, §656c 331 
 
 Law Courts of P.^vltimore Citv. 
 
 See "Courts — Law Courts of Baltimore City." 
 
 Law Department. 
 
 See "City Solicitor." 
 
 Leases. 
 
 See "Deeds, Leases and Transfers." 
 
 Leather, Iron and Tobacco. 
 
 Sales by manufacturers, §278 205
 
 630 INDEX. 
 
 Leave of Absence. ' page 
 
 See "Police Commissioners." 
 
 Legislative Department. 
 See "City Council." 
 
 Legislative Distkicts. 
 
 Boundaries, First, Second and Third Districts, §G57A IV.'A 
 
 Couucilmanic districts, rearrangement of, §6.57B a;}-} 
 
 Wards. 
 
 Boundaries to be recorded in book, deposit thereof, e\i- ' 
 
 dence, §tl56e 3:^,2 
 
 Division of city into, to be made in 30 days, §65Gg :y.i?, 
 
 Maps of wards and precincts to be made, §656i 033 
 
 Precincts, division of city into, notice of boundaries, 
 
 §656h 3;};> 
 
 Size, population, to be numbered, §656d 332 
 
 Wards laid out by Supervisors of Elections to be wards of 
 
 city, §656f .332 
 
 Legislative Reference, Department of. 
 
 See "Department of Legislative Reference." 
 
 Legislature. 
 
 Decisions, note ISl 
 
 Levy, 
 
 See "Annual Levy," "Appeal Tax Court," "Board of Estimates," 
 "City Collector," "Ordinance of Estimates" and "Taxes." 
 
 Librarian. 
 
 Appointment, bond and salary, §196 167 
 
 Assistants, appointment, salaries, duties, §198 KJQ 
 
 Bids, once filed not to be withdrawn, §199 170 
 
 Books, removal from library, receipt, §196 167 
 
 Duties, §§196-199 167-170 
 
 Location of library, §196 168 
 
 Office hours, §200 170 
 
 Ordinances and Resolutions, collect and arrange, §196 16.S 
 
 Records of city, to be custodian of, §196 168 
 
 Records, to arrange, classify and index, §196 167 
 
 Requisitions, account to be kept of, §199 170 
 
 Stationery and supplies, contract for, account to City Council. 
 
 §197 ' 168 
 
 Stationery required, departments to furnish schedule, §197 168 
 
 Libraries. 
 
 Maintenance and equipment of, §6 22 
 
 License and Market Detective. 
 See "Comptroller." 
 
 License Fees. 
 
 See "Licenses."
 
 IXDEX. 63 
 
 Licenses. page 
 
 Alphabetical list of licensees, fees of sheriff, §701 371 
 
 Alphabetical list of licensees, sheriff to prepare, §701 o70 
 
 Billiard tables, city's power to impose further license, §660. . . . 336 
 
 Billiard tables, penalty for not having license, §659 335 
 
 Billiard tables, State license, §658 335 
 
 Businesses, trades, avocations or professions, power to license. 
 
 regulate and tax, §0 21 
 
 Carriages, §6 7 
 
 Carts, carters, §6 7 
 
 Decisions, note 181 
 
 Drays, draymen. §0 7 
 
 Due and collectible, when, §59 1)1 
 
 Fruits, meats, vegetables, etc., sale of, §0 lo 
 
 Gangers of casks and liquors, fee and oath, §.")44 285 
 
 General powers. §6 21 
 
 Hacks, hackmeu, §6 21 
 
 Horse dealers, auctioneers not required to have license, §662.. 338 
 Horse dealers, breeders, etc., not required to have license, 
 
 §662 338 
 
 Horse dealers, definition of, §663 338 
 
 Horse dealers, license fees, §661 337 
 
 Horse dealers, penalty for not having license. §6C2 338 
 
 Horse dealers, sales in streets prohibited, §661 337 
 
 Infants, homes for care of, §493h 268 
 
 Installation of Electrical Apparatus and Wiring. 
 Board of Examiners and Supervisors. 
 
 Appointment, qualifications, §663a 339 
 
 Compensation not to be paid out of State Treasury, §663c 340 
 
 Examinations, rules for, §663d 340 
 
 Fees to be used by, to defray expenses. §663o 344 
 
 Meetings, notice of. §663d 340 
 
 President, secretary, treasurer, rules, §663b 339 
 
 To report to Governor annually, §663p 344 
 
 Wires, apparatus and appliances, power to adopt rules as 
 
 to placing, etc., §663d 340 
 
 Master Electrician. 
 
 Definition. §663e 340 
 
 Examination, license, appeal, §663f 341 
 
 License fee, bond, §663f 342 
 
 License or renewal not in force if no bond on file, §663j. . 343 
 
 License or renewal not transferable, §663n 344 
 
 License renewable without examination, renewal fee, §663h 342 
 License to be conspicuously displayed in place of business. 
 
 §663k 343 
 
 No work to be done save under supervision of. exception, 
 
 §631 343 
 
 Penalty for performing functions without license. §663m 344
 
 038 INDEX. 
 
 Licenses.— Continued. page 
 
 Revocation of license, §663i 343 
 
 Term of license, renewals, §663g 342 
 
 Provisions of law, to whom not applicable, §663q 344 
 
 Liquor Licenses. 
 
 Advertised notice of application, number of insertions 
 
 and papers, §673 350 
 
 Assignment or transfer of license, conditions of, §090 3(J0 
 
 Board of Liquor License Commissioners, appointment, term 
 
 of otHce, §66S 348 
 
 Board of Liquor License Commissioners, power to summon 
 
 witnesses, administer oath and compel attendance, 
 
 §<JS7 357 
 
 Clerks and counsel, board to appoint, §669 349 
 
 Club license, what petition shall contain, §676A 352 
 
 Days aijd hours during which liquor may not be sold, §682 . 355 
 
 Displayed, to be conspicuously, §680 355 
 
 Distillers and brewers' not required to have license, §688. . 358 
 Druggists and apothecaries, conditions on which they may 
 
 sell liquor, penalty for violation, §683 356 
 
 Druggists and apothecaries, not required to have license, 
 
 §683 356 
 
 Entertainments, license fee, to be paid to Police Board for 
 
 special fund, §691 363 
 
 Entertainments, licenses for, to be Issued by Police Board, 
 
 §682 356 
 
 Fees. 
 
 For wholesale druggists' licenses, §688 358 
 
 Club license, §678 354 
 
 For bottler's licenses. §688 358 
 
 For license for wholesale dealers or jobbers, other than 
 
 wholesale druggists, §688 358 
 
 License not to issue until paid, §677 353 
 
 Retail grocer's license, §678 354 
 
 Saloon or restaurant license, §678 353 
 
 State Comptroller to pay three-fourths thereof to city, §679 355 
 To be paid over quarterly by Clerk of Court of Common 
 
 Pleas to State Comptroller, §679 355 
 
 To be paid to Clerk of Court of Common Pleas, §678 353 
 
 Within what time to be paid, §678 353 
 
 Hearings on applications to be public, §676 351 
 
 Hotel license, applicant must also have a hotel or ordinary 
 
 license, §689 360 
 
 Hypothecation or pledge of license, re-issue to pledge upon 
 
 default. §690A 361 
 
 License, who are not required to have, §667. 348 
 
 Licenses not to be issued to sell liquor in certain localities, 
 
 §§664, 665, 666, 666a, 666b, 666c, 666d, 666e. 666f 345-348
 
 INDEX. 039 
 
 Licenses. — Continued. page 
 
 Licenses, to whom they may be granted, §671 349 
 
 Liquor not to be sold by the drink by iK>rson^ having a 
 
 traders's license, §6 354 
 
 Localities in which licenses cannot be issued, §§6G4, 665, 
 
 066, 666a. 666b, 666c, 666d, 666e. 666f 345-34S 
 
 Minors and drunkards, liquor not to be sold to, §681 355 
 
 Penalties for violation of law, §685 357 
 
 Penalties for violation of law, distribution of fees, §688. . . 359 
 
 Penalty for corruptly issuing license, §686 357 
 
 Petition, application to be by, §673 350 
 
 Petition, certificate of at least 10 voters in ward to be 
 
 attached, §675 351 
 
 Petition, what it shall contain, how veritled, penalty for 
 
 false statement, §674 350 
 
 Record of applications', hypothecations, etc., to be kept by 
 
 board, §669 349 
 
 Records of board to be open to public, §669 349 
 
 Retail grocer's license, conditions of, §678 .354 
 
 Revocation for allowing minors, disreputable or disorderly 
 
 persons to frequent place, §685 357 
 
 Revocation of license, §676 351 
 
 Terms for which they may be granted, §672 349 
 
 Trader's license, person having not to sell liquors by the 
 
 drink, §678 354 
 
 Salaries and expenses of board to be paid by city, §669. . . . 349 
 
 Salaries of board. §670 .349 
 
 Salaries of clerks and counsel to be fixed by board. §670. . 349 
 
 Sales of liquor without license, penalty, §684 356 
 
 Surrender and cancellation of license, refund (»f portion 
 
 of fee, §690B 362 
 
 Merchandise brokers, license, fees, §694 367 
 
 Moving Picture Machine Operators. 
 
 Board of Examiners, compensation, §691i .366 
 
 Board of Examining Moving Picture Machine Operators, 
 
 appointment, term, oath and bond, §691c 363 
 
 Examination, licen.se, term of license, §691e 364 
 
 Examination, power to re-examine, §691f 365 
 
 Expenses of Board not to be paid by State, surplus to be 
 
 turned over to State Treasurer, §691i 366 
 
 Fees for licenses and renewals, §691e 364 
 
 License not assignable or transferable, §691h 365 
 
 Moving picture machine operator, definition of, §691b 363 
 
 Meetings of Board, notice of examinations, *i6!)li 366 
 
 Oath, penalty for fal.se, §691f 365 
 
 Penalties for violation of law, §691d 364 
 
 Penalty for employing unlicensed, §691g 365 
 
 Revocation of license. §691f .3(i5
 
 640 INDEX. 
 
 Licenses. — Continued. page 
 
 Suspension or revocation of license, only after hearing, 
 
 §69ili [ 360 
 
 Place of business, to cover only that named in license, §702. .371 
 
 Porters, §0 21 
 
 Private Detectives. 
 
 Certificate, every person licensed to have and exhibit 
 
 when called upon, §660c 336 
 
 Fee for license, to be paid into Special Fund of Police 
 
 Board, §660b 3.'i6 
 
 License required, §660a 336 
 
 Police Board to issue, after examination of applicant, 
 
 etc., §660b .336 
 
 Penalties for violations of sees. 660a, 660b and 660c, §660d. 337 
 Pawnbrokers. 
 
 Fee for license, bond, §693 367 
 
 Penalty for conducting business without license or filing 
 
 bond, §693 367 
 
 Penalty for refusal to exhibit record and property pledged, 
 
 §692 366 
 
 Record and property pledged subject to inspection by agent 
 
 of city and Police Marshal, §692 366 
 
 Record of deposits and amounts advanced to be kept, §692. 366 
 Real Estate Brokers. 
 
 Assignment of license, conditions. §697 869 
 
 Assignment to be endorsed on license, §698 369 
 
 Attorneys at law need not have license, §700 369 
 
 Decisions with reference to, note, 368 
 
 Definition of, §696 368 
 
 Fee for license, §695 367 
 
 License to apply to only one place of business, penalty for . 
 
 violation, §699 369 
 
 Licensees may have licenses for other kinds of brokerage, 
 
 §699 369 
 
 Penalty for not having license, §696 368 
 
 Stevedores. 
 
 Fee for license of master stevedoi-e. §700a 370 
 
 Penalty for failure to obtain license. §700a 370 
 
 Wagons, wagoners, §6 7 
 
 Watermen, §6 7 
 
 Licenses of Auctioneers. 
 See "Auctioneers." 
 
 Liens. 
 
 See "Municipal Liens." 
 
 Repairing, etc., of buildings. §6 6 
 
 Light Street Bridge. 
 See "Long Bridge."
 
 INDEX. Q^i 
 
 Lighting and Cleaning Streets. page 
 
 General powers, §6 40 
 
 Lighting Plant. 
 
 See "Stocks, Loans and Finance." 
 
 Limitations. 
 
 See "Taxes." 
 
 Bail, sLx years, §27Se 206 
 
 Limits of Baltimore City. 
 
 Acts establishing and extending, App 545-563 
 
 Liqlor and Intoxicating Drinks. 
 See "Licenses." 
 
 List of Bonds and Stocks. 
 
 See "Stocks, Loans and Finance. 
 
 Livery Stable Keepers. 
 
 Account for livery to be proven before a .Justice, §29.'> 214 
 
 Custody of horse, etc.. retained until charges paid, §291 214 
 
 Sale of horse or vehicle, notice, §292 214 
 
 Warrant of sale for livery charges, §293 214 
 
 Loan Acts. 
 
 List of, note 460 
 
 Loans, Stocks and Finance. 
 
 See "Stocks, Loans and Finance. 
 
 Lodging Houses and Tenements. 
 
 See "Tenement and Lodging Houses." 
 
 Long Bridge. 
 
 Maintenance at expense of city, §S39 503 
 
 Police Commissioners, authority, duties and powers as to, §781. 423 
 
 Lost Money or Property. 
 
 See "Special Police Fund." 
 
 Lunatic and Insane Convicts. 
 
 Visitors to Jail to have examined, §120a 127 
 
 M.\gistrate for Juvenile Causes. 
 See "Justices of the Peace." 
 
 Malicious Drstructiox of Property. 
 
 See "Destroying Property Maliciously." 
 
 Manu.\i. Labor School. 
 
 Appropriation of $1,500 per annum for, §816 410 
 
 Manufactures. 
 
 See "Appeal Tax Court." 
 
 Manure. 
 
 Cartload to contain forty feet, §571 291 
 
 Maps and Plats of City. 
 "Topographical Survey." 
 
 (21)
 
 (}42 INDEX. 
 
 Mabinebs, Interstate. pagk 
 
 Disposition of estates. §703 371 
 
 Market Masters. 
 
 See "Comptroller." 
 
 Markets. 
 
 Butter, standard pound, penalty, §706 372 
 
 Clerks, penalty for attempting to collect tax or fee from grower 
 or manufacturer selling in .streets adjacent to markets, 
 
 §708 373 
 
 Condemnation of Land for. 
 
 Agreement with owner of property to be acquired. §709. 373 
 
 Compensation of sheriff and jurors, §719 375 
 
 General powers, §6 8, 22 
 
 Infancy, lunacy, etc., service of notice in case of §710. . . . 373 
 Inquisition, if set aside, court shall direct another to be 
 
 taken, §716 375 
 
 Inquisition may be confirmed or set aside by Superior 
 
 Court, §715 374 
 
 Inquisition to be in writing and to clerk of Superior Court, 
 
 §715 374 
 
 Inquisition to describe property taken, §717 375 
 
 Jurors failing to appear, how vacancy filled, §718 375 
 
 Jury of condemnation, how summoned, notice of meeting, 
 
 §709 373 
 
 Jury of condemnation, striking of jurors. §712 374 
 
 Jury to assess value of property taken, §714 374 
 
 Non-residents notice to be given by publication, §711 374 
 
 Oath of Jury, §713 374 
 
 Payment or tender of payment of award entitles city to 
 
 posses'ion of property, §717 375 
 
 Decision, note 181 
 
 Erection, regulation and maintenance of, §6 23 
 
 Justice of Peace to inquire into and punish re-sales of veget- 
 ables, etc., §705 372 
 
 Purchase and re-sale of vegetables, etc., exception. §704 372 
 
 Purchase and re-s'ale of vegetables, etc., within city or within 
 
 ten miles thereof, penalty, §704 372 
 
 Tax or fee, none to be paid by grower or manufacturer selling 
 
 in, §707 373 
 
 Marking Casks. 
 
 See "Inspections, Weights and Measures." 
 
 Marshal of Police. 
 
 See "Police Commissioners." 
 
 Maryland Historical Society. 
 
 Art Commission, to appoint member of, §201 171 
 
 Maryland Institute. 
 
 Art Commission, to appoint member of. §201 171
 
 INDEX. 643 
 
 Mabyland Institute for Education of Deak and Duiin. page 
 
 Appropriation for, §397 247 
 
 Governor to report annually to General assembly, details of 
 
 report, §400 248 
 
 Instruction of deaf and dumb, §396 247 
 
 Recommendation for tuition, §398 247 
 
 Term of instruction, §399 248 
 
 Tuition fees, §396 247 
 
 Maryland Workshop for the Blind. 
 
 Appropriation for, §400a 248 
 
 Matrons at Station Houses. 
 
 See "Police Commissioners'" and "Special Police Fund. " 
 
 Mayor. 
 
 Absence or sickness of, President of Second Hran -h to be e.\- 
 
 officio, §19 60 
 
 Accounts of city officials, examination of, §21 61 
 
 Annual report to City Council, §22 61 
 
 Appointment, power of, §25 63 
 
 Assistants, appointment of, §20 60 
 
 Board of Awards, President of, §15 58 
 
 Board of Estimates member of, §36 71 
 
 Board of Review and Assessment, member of, §14.". 133 
 
 Checks to be countersigned by, §20A 60 
 
 Chief executive, §31 66 
 
 City Council, power to call extra sessions;. §21 (J 177 
 
 City stock and obligations, to sign. §41 81 
 
 City Surveyor, vacancy in office to be filled by, §205 172 
 
 Commissioners of Finance, member of Board. §41 80 
 
 Comptroller's appointees, approval of, §34 69 
 
 Conservator of the peace, §21 61 
 
 Contracts and bonds, approval of, §20A 61 
 
 Death or resignation. President of Second Branch to be .Mayor. 
 
 §18 60 
 
 Department of Legislative Reference, member of board, §i'08A 174 
 
 Duties and powers, §22 61 
 
 Election and qualifications, §16 59 
 
 Heads of departments to confer with, §24 63 
 
 Immigrants, power to compound or remit fines, §527 280 
 
 Immigrants, report of by masters of vessels, §519 279 
 
 Improved pavements, permit to tear up, §86c 104 
 
 Minority members of boards and commis'sions, §30 66 
 
 Oath of office, §25 63 
 
 Obstruction in streets, removal of, §189 165 
 
 Ordinance of Estimates, special meeting of City Council to 
 
 consider, §36 73 
 
 Powers, §21 61 
 
 Pratt Free Library, visitor to, §789 426
 
 (344 INDEX. 
 
 Mayor. — Continued. page 
 President First Brancli City Council, when to act as Mayor, 
 
 §217 ITS 
 
 President of Second Branch City Council, removal upon 
 
 charges, §214 177 
 
 Removal from oflRce, power, §25 63 
 
 Reports of heads of departments, §24 63 
 
 Salary and term of office, §20 GO 
 
 Street beds donated to city, duty in relation to, §193 166 
 
 Supervision of city's affairs, §22 61 
 
 Test book to be kept by §25 65 
 
 Topographical Survey Commission, member of. §840 503 
 
 Vacancies, procedure in filling, §25 65 
 
 Mayor and City Couxcil of Baltimore. 
 
 Nature of the corporation, decisions, note 181 
 
 Public convenience and welfare, decisions, note 181 
 
 Mayor's Message and Departmental Reports. 
 See "Public Printer." 
 
 McDoxoGH Educational Fund and Institute. 
 
 Surrender to city of stock in which fund is invested, issue of 
 
 new .stock therefor, §816 440 
 
 Medical Examiner. 
 
 Commissioner of Health to appoint, §71 96 
 
 Merchandise Brokers. 
 See "Licenses." 
 
 Merchants and Manufactl'rers Association of Baltimore City. 
 President on Board of Department of Legislative Reference, 
 
 §208A 174 
 
 Midwives. 
 
 License of, for care of infants, §493h 268 
 
 Penalty for caring for infants without license, §493k 269 
 
 Militia. 
 
 Militia exempt from jury duty, §622 311 
 
 Command of, when called out by Police Commissioners or 
 
 sheriff, §769 411 
 
 Minors. 
 
 See "Justices of the Peace." 
 
 Custodians to prevent begging by, §882 537 
 
 Newspapers, permitted to sell, §883 537 
 
 Penalty for pretending to be parent or guardian, §884 538 
 
 Saloons and dance halls, not allowed in without parent or 
 
 guardian, §881 537 
 
 Monuments and Memori.\ls. 
 
 Art Commission to approve, §202 171
 
 INDEX. 645 
 
 PAGE 
 
 Moore James M. 
 
 Pension, retired policeman, §780 422 
 
 Mortgages. 
 
 Affidavits, etc., may be made before notary public, §732 A 382 
 
 Affidavit or acknowledgment may be made before a notary pub- 
 lic. §732A 382 
 
 Allegations against sale, §724 377 
 
 Application, decree and copy of mortgage, recording of, §726. . . 378 
 
 Decisions, note 379, 380 
 
 Decree of sale, assent to terms of decree, bond of trustee, §720. 375 
 
 Decrees, assignments how made, §727 378 
 
 Default before decree, §731 381 
 
 Mortgage claim, satisfaction of, §728 378 
 
 Report of sales by trustees, §723 377 
 
 Sale, if proceeds insufficient decree in personam may be 
 
 entered against mortgagor, §731a 381 
 
 Sale, procedure by trustee, §721 376 
 
 Sale, publication of notice, §730 379 
 
 Sales and conveyances, effect of. §722 377 
 
 Sales, power of court to set aside, §725 377 
 
 Trustee, power of court to appoint new trustee, §729 378 
 
 Motions ix Arrest of Judgment. 
 See "Courts." 
 
 MorxT Vernon Place. * 
 
 See "Parks and Squares." 
 
 Moving Picture Machine Operators. 
 See "Licenses." 
 
 Municipal Art Society. 
 
 President of, on board of Department of Legislative Reference, 
 
 §208A 174 
 
 Municipal Contracts. 
 See "Contracts." 
 
 Municipal Elections. 
 
 Supplementary registration for, §17 16 
 
 Municipal Ferry. 
 
 Establishment, ownership and operation of. §6 23 
 
 MuNicip.^x Holidays. 
 See "Holidays." 
 
 MuNTCip.\x Liens. 
 
 Bureau of, city may establish, §732A 382 
 
 Municipal Lightinq Plant. 
 
 See "Stocks, Loans and Finance."
 
 (346 INDEX. 
 
 Municipal Officials. page 
 
 Bonds, §31 • 66 
 
 OfBce to hold one only, must be registered voters, §26 65 
 
 Rules and regulations, record of official acts, §31 67 
 
 Subordinates, appointment of, §28 65 
 
 Tenure of office, §27 65 
 
 Term of office, §25 64 
 
 N 
 Name. 
 
 Corporate name, §1 1 
 
 Natural Gas. 
 
 See "Gas Companies." 
 
 Naturalization Cases. 
 
 Rules governing same, §321A 227 
 
 Sittings of court to hear, §321 227 
 
 Naval Stores. 
 
 Regulation of storage. §6 12 
 
 New Sewerage. 
 See "Sewers." 
 
 New Sewerage System. 
 
 Appeals from action of commission, §824n 459 
 
 House connections, to be located in rear, §824n 458 
 
 Lateral sewers, proceedings as to location of, §824n 459 
 
 Loan Act of 1904. 
 
 Acquisition of property, power of, §824c 447 
 
 Appropriations, how made, §824f 450 
 
 Chairman and Secretary pro tempore may be appointed, 
 
 §824f 45a 
 
 Chairman of Commission, selection and salary, §824a... 445 
 
 Commission, appointment, qualifications, salaries, §824a... 444 
 Commissioner of Health, duties when notified that portions 
 
 of s^'stem are complete. S824g 451 
 
 Completion of work, system to be surrendered to proper 
 
 city officials, §824h 452 
 
 Contracts, to be subject to provisions of sees. 14 and 15 
 
 of Charter, §824e 449 
 
 Duties and powers of Commission. §824e 445 
 
 Duties and powers of other city officials subject to provis- 
 ions of this act during course of work, §824h 452 
 
 Interest and sinking fund provided for, §824f 450 
 
 Labor, wages and residence of workmen, provisions as to, 
 
 §824e 449 
 
 Loan of $10,000,000 authorized, §824f 450 
 
 House connections, to be made by property owners at their 
 
 expense, §824g 451 
 
 Mayor to be ex-officio member of Commission, §824a 445
 
 INDEX. 647 
 
 New Sewerage System. — Continued. page 
 
 Residence of employees of contractors, §824e 449 
 
 Records, etc., to be delivered to City Librarian upon comple- 
 tion of work, §824h 452 
 
 Sessions and records of commission to be public, <5824a. . 445 
 Secretary of Commission, appointment, salary and duties, 
 
 §S24a 445 
 
 Tracks, etc., in streets to be shifted and accommodated to 
 
 work, penalty, §824d 448 
 
 Vacancies in Commission, how filled. §S24a 444 
 
 Loan Act of 1910. 
 
 Additional loan of $10,000,000 authorized, !?824i 452 
 
 Appropriations, how made, §824i 453 
 
 House connections, to be made in rear whenever prac- 
 ticable. §824j 454 
 
 Interest and sinking fund provided for, §824i 453 
 
 Lateral sewers, proceedings with reference to location of, 
 
 §824j 455 
 
 New Sewerage Sy.stem Fund No. 2. proceed? of loan to be 
 
 known as, §8241 453 
 
 Private sewers, terms upon which they may be incorporated 
 
 in system, §824j 454 
 
 Private sewers, by agreement may be constructed and in- 
 corporated in system, §824j 454 
 
 Private sewers, appeal from action of commission, §824]'. . . 454 
 Loan Act of 1914. 
 
 Additional loan of $3,000,000 authorized, §S24m 456 
 
 Appropriations, how made, §824m 457 
 
 Interest and sinking fund provided for, §824m 457 
 
 Loan may be issued in series falling due at stated periods, 
 
 §824m 45S 
 
 New Sewerage System Loan No. 3, proceeds of loan to be 
 
 known as, §824m 457 
 
 Series, loan may be issued in, §824m 458 
 
 Loan, temporary authorized for house connections, §824K. . . . 455 
 Ordinance No. 58 of 1911 relating to hous'e connections ratified 
 
 and confirmed, §8241 456 
 
 Private sewers, may be incorporated in system, §S24m 458 
 
 Temporary loan for house connections, procedure for securing, 
 
 §824k 455 
 
 New Station Houses in Annex. 
 
 Acquisition of land and erection of, §786-788 425-426 
 
 New Trials. 
 
 Motions for, §300 217 
 
 Night Watchmen. 
 
 Appointment and duties, §375-377 242 
 
 Parks, police power of, §08 109 
 
 Payment of salaries, §378 242
 
 648 INDEX. 
 
 Nominations to Office. p^ge 
 
 Second Branch to confirm, §25 63 
 
 North Avenue. 
 
 See "Streets, Bridges and Highways." 
 
 Notaries. 
 
 Women as, §733Aa, 734 383 
 
 Notaries Public. 
 
 Appointment, §733 382 
 
 Appointment of additional, §733 A 382 
 
 Mortgages, may take affidavit, etc., §732A 382 
 
 Qualifications of appointees, §734 383 
 
 Notice to Quit. 
 
 See Justices of the Peace" and "Landlord and Tenant." 
 
 Landlord and tenant's agreement as to, §851 530 
 
 Nuisances, Streets. 
 
 Advertisement of notice to non-resident owners, §489 265 
 
 Assessment and collection of cost, §486 264 
 
 Defenses of owners, §487 264 
 
 Grade changes, §492 266 
 
 Lien of costs and expenses, §488 265 
 
 Non-resident owners, action against city for recovery of costs 
 
 assessed, §490 265 
 
 Paving, when to be done, §486 264 
 
 Nuisances. 
 
 Vacant lots, §491 265 
 
 Numbering Houses. 
 
 Power to regulate, §6 39 
 
 Objectionable Surroundings. 
 
 Protection of public property from, §6 9 
 
 Obstructions. 
 
 Drains, penalty for, §817 '. 441 
 
 Encroachments and obstructions in streets, §6 38 
 
 Obstructions in streets decisions as to, note 38 
 
 Opening, etc., streets, removal of, §189 165 
 
 Oils and Fluid Illuminants. 
 See "Fire Regulations." 
 
 Opening, Closing, etc., Streets. 
 
 Appeals from assessments, §6 32 
 
 Assessments of damages and benefits, §6 32 
 
 Assessments, time limit for payment of, §182 163 
 
 Damages and benefits assessed to same person, §174 152 
 
 Damages, assignment of, §174 152 
 
 Gifts' of property for streets, §193 166 
 
 Gifts of property for streets, same to become public high- 
 ways, §194 166
 
 INDEX. 049 
 
 OPKM.Nci, Closing, ktc, Strkets. — Continued. page 
 
 Ground rents, ondemnation of, §188 165 
 
 Interest acquired. §6 33 
 
 Jury trials, §6 32 
 
 Leasehold interests, condemnation of, S188 165 
 
 Legal disabilities of property owners, damages, how paid, §6. . . 33 
 
 New Boundary Avenue, §838b 502 
 
 North Avenue, §838 501 
 
 Ordinance, to be passed authorizing, §175 152 
 
 Ordinance, void, effect of, §180 162 
 
 Petitions for and against must give location and frontage of 
 
 property. §195 166 
 
 Portion of lot taken. §176 156 
 
 Powers of city, relating to, §6 32 
 
 Procedure of commissioners, §175 152 
 
 Opemng, etc., Sewers. 
 See "Sewers." 
 
 Ordixa-xce 41, May 9, 1889. 
 
 Charter not to affect, §6 41 
 
 Ordinance of Estimates. 
 
 See "Board of Estimates." 
 
 Ordinances and Resolutions. 
 
 See "City Council" and "Mayor." 
 
 Amendment, re-enactment, etc., not to be by mere reference to 
 
 title, §221 ^^'^ 
 
 Appropriations, approval of particular items by Mayor, §23 62 
 
 Approval by Mayor, §23 62 
 
 City Council, power to pass, §218 17b 
 
 Decisions, note ^^^ 
 
 Mayor to enforce, §22 61 
 
 Mayor's approval, when to become operative without. §23 62 
 
 Not to conflict with powers of Police Commissioners, §6 25 
 
 Ordaining phrase, §220 184 
 
 Printed volumes, may be read in evidence from, §219 184 
 
 Readings in each Branch, proviso, §220 185 
 
 Subject to be described in title, §221 185 
 
 Third reading, to be engrossed before, §221 185 
 
 Veto by Mayor, §23 62 
 
 Note necessary to pass, §221 185 
 
 Vote necessary to pass over Mayor's veto, §23 6 
 
 9 
 
 Orphans' Court. 
 
 Bailiff, per diem, §353 234 
 
 Blind, recommendation for instruction, §397 247 
 
 Funeral expenses, preferred claim after taxes, §353A 234 
 
 Judges, per diem, §352 234 
 
 Sessions of court, §352 234
 
 650 
 
 INDEX. 
 
 Orphans' Coubt. — Continued. page 
 
 Stenographer, appointment, duties and couipeus.ition, 5oSl. . . . 243 
 Vagrant and disorderly minors, concurri'ut jurisdiction over 
 
 with Criminal Court and justices of the peace. §877 536 
 
 OuT-FAiL Sewer. 
 
 Act authorizing Baltimore County to use App. 571-574 
 
 Oysters. 
 
 Fees for measuring, buyer and seller to pay, §735 383 
 
 Licensed measurer, oath, §735 383 
 
 Penalty for sales without measuring, §735 383 
 
 P 
 
 Park Commissioners, Board of. 
 
 Appointment, president, §90 106 
 
 Athletic fields and play grounds, may establish and regulate 
 
 use of hy school children, §93A 107 
 
 Automobiles in parks and squares, §93 107 
 
 CoUington Square, jurisdiction over si,de walks around. §981). . 109 
 
 Conservators of the peace. §94 108 
 
 Fines, may impose, §92 107 
 
 Harlem Square, jurisdiction over side walks around, §98a. . . 109 
 
 Jurisdiction and powers. §91-98b 106-109 
 
 Night watchmen, authority of, §98 109 
 
 Park fund, control of, §97 108 
 
 Parks, general powers of city, §6 23 
 
 Police in parlvs, control of, §95 108 
 
 Rules governing parks, may make, §92 107 
 
 Secretary, salary and duties. §90 106 
 
 Speed of vehicles in parks, §93 107 
 
 Term of office, §90 106 
 
 Zoological collection, free entrance to. §738 384 
 
 Zoological collections in parks, §96 108 
 
 Park Loans. 
 
 See "Stocks, Loans and Finance." 
 
 Park Tax. 
 
 Accounts and books of railway companies, examination of, §798 430 
 
 Car fare registers, examination of, §798 430 
 
 Certification of, penalty for fraud, §800 430 
 
 Collection, penalties, §798 430 
 
 Default in payment, §799 : 430 
 
 Gross receipts, tax payable quarterly, §797 429 
 
 Obstruction of examination of accounts, §798 430 
 
 Street railways in Annex graduated tax, §800a 431 
 
 Parks and Squares. 
 
 Bonds for purchase of land, issue authorized, §730 384 
 
 Condemnation of property for, §6 8 
 
 f iPHPral powers. §6 23
 
 INDEX. 651 
 
 Parks and Squares. — Continued. page 
 
 Loan of $5,000,000 to Improve, §824 443 
 
 Mt. Vernon Place, height of buildings limited, §739a 385 
 
 Ordinance of June 21, 1860, confirmed, §6 23 
 
 Public conveyances in, §93 107 
 
 Park Improvement Loan of 1904. 
 
 Acquisition of land authorized, J>739c 385 
 
 Interest and sinking fund provided for, §739e 386 
 
 Issue of $1,000,000 authorized, §739b 385 
 
 Land in Baltimore, Anne Arundel and Howard Counties as 
 
 well as city may be acquired, §739c 386 
 
 Loan, to be expended in four sections of city and suburbs. 
 
 §739f 387 
 
 Restrictions, Board relieved from certain, §739d 386 
 
 Resolution of June 4, 1860, §6 23 
 
 Rules and regulations for, power to make, §6 24 
 
 Speed of vehicles, power to regulate, §93 107 
 
 Washington Monument, height of buildings in vicinity of re- 
 stricted, §739a 385 
 
 Zoological collection, may issue stock for, §737 384 
 
 Passenger Railways. 
 
 See "Railroads and Railways." 
 
 Passenger Train Stops. 
 
 See "Railroads and Railways." 
 
 Patapsco Rn'ER and Tributaries. 
 
 Negligence not attributable to city with reference thereto, ex- 
 cept as to docks and wharves owned by it. S6 14 
 
 Pollution or obstruction of, penalty, §6 13 
 
 Preservation of navigation of, §6 13 
 
 Surveys and charts of, §6 13 
 
 Patrol Wagons. 
 
 See "Police Commissioners." 
 
 Pavements. 
 
 See "Footways" and "Streets, Bridges and Highways." 
 
 Paving Commission. 
 
 See "Streets, Bridges and Highways." 
 
 Member of Department of Public Improvements, §84 101 
 
 Paving, Grading, etc., Streets. 
 
 See "Grading, Paving, etc.. Streets," and "Streets, Bridges and 
 Highways." 
 Paving in Railway Area. 
 
 See "Railroads and Railways." 
 
 Paving Tax. 
 
 See "Special Paving Tax." 
 
 Pawnbrokers. 
 
 See "Licenses" sub-title "Pawnbrokers."
 
 652 
 
 INDEX. 
 
 Peabody Institute. page 
 
 Art Commission, to name member of, §201 171 
 
 Surrender of $500,000 6% city stoclt in exchange for new stock, 
 
 §816 440 
 
 Peddlers. 
 
 Licenses, §6 21 
 
 . Permits to peddle without license, Mayor may grant, §6 26 
 
 Pexsions. 
 
 See SchoolP," "Special Police Fund" and "Fire Department." 
 
 Perch. 
 
 See "Fish." 
 
 Permits. 
 
 See "Buildings," and "Peddlers." 
 
 Personal Property. 
 
 Account of, §158 141 
 
 Assessment of, §158 141 
 
 Owner moving into city to give account of. §158 141 
 
 Penalty for failure to give account of, §159 141 
 
 Taxes on, when in arrear, §40 80 
 
 PEP.S0XATIXG POLICEMEX, SHERIFF, ETC. 
 
 Penalty for. §785 425 
 
 Pest Hovses. 
 
 Erection and regulation, §6 17 
 
 Petit Jury. 
 
 See "Jurors'." 
 
 Physicians to Police Force. 
 
 See "Police Commissioners." 
 
 Picketpockets. 
 
 See "Thieves and Pickpockets." 
 
 Pier or Bulkhead Lixes. 
 
 See ''Harbor, Docks and Wharves." 
 
 Piers. 
 
 See "Harbor, Docks and Wharves." 
 
 Plan, City. 
 
 See "Commission on City Plan." 
 
 Plat of City. 
 
 To be evidence, §842 527 
 
 Plats axd Maps. 
 
 See "Topographical Survey." 
 
 Pleas. 
 
 Declaration, filing of pleas to, §309 220 
 
 Time of filing, when extended, §312 221 
 
 To be sworn to, §312 220 
 
 When to be filed, §308 219 
 
 il
 
 INDEX. 653 
 
 Plumbing. page 
 State Board of Commissioners of Practical Plumbing. 
 
 Appointment and qualifications, §511 271 
 
 Certificate of competency, all plumbers must have, §509.. 270 
 
 Examination, registration, §511 271 
 
 Fee for certificate and renewal, §512 272 
 
 Fees, disposition of, §513 272 
 
 Penalty for employing men without a certificate, §509. . . . 271 
 Penalty for working at plumbing business without certifi- 
 cate, §510 271 
 
 Rules and regulations, report, §515 273 
 
 Term of office, oath, compensation, §514 272 
 
 PoL?;s, Wires, Signs, Tkees, etc. 
 
 Use of streets by, §6 39 
 
 Police. 
 
 Appropriation for disabled and superannuated policemen, §6. 25 
 
 Appropriations for widows and children of policemen, §6.... 25 
 
 Detail of men at request of Park Board, §95 108 
 
 Exit and egress from buildings, nightly examination by police, 
 
 §280 210 
 
 Ferries, to pass free when on duty, §437 254 
 
 General power of City, §6 25 
 
 House of Good Shepherd, Marshal to visit and inspect, §518. 278 
 Warrants, writs, etc., to be served by policemen and detec- 
 tives, §G40 325 
 
 Police Commissioners. 
 
 Absence from duty of policemen, §763 409 
 
 Accounts, to be open to inspection of Mayor and City Register, 
 
 §751 403 
 
 Allowance when policemen not qualifitKl for retirement, §756A 406 
 Arrests, persons arrested in day-time to be taken before nearest 
 
 police justice, §760 408 
 
 Appointment and qualifications, §740 387 
 
 Appointments of police how made, §745F 397 
 
 Assistant secretary, appointment and salary, §743 389 
 
 Bar rooms, bars, etc., may close same temporarily, §753 404 
 
 Bond, by whom approved, where recorded, §740 387 
 
 Bond, may require policemen, etc., to give, §749 ' 402 
 
 Bond of Treasurer of Board, §752 403 
 
 Certificates of indebtedness, power to issue, limitations. §747 400 
 
 Charwomen, appointment, duties and pay, §768A 410 
 
 City not relieved of responsibility or given control over police 
 
 force by these provisions, §759 407 
 
 Coal law. enforcement of, §539A 284 
 
 Concealed weapons, etc., penalty, §762 408 
 
 Costs collected by station house justices, application of, §64G. 327 
 
 Dances, etc., license fees, to belong to special fund, §776Ca. . 418 
 
 Dances, etc., penalty for holding same without license, §776Ca 418
 
 054 INDEX. I 
 
 Police Commissioners.— Continued. pagb 
 
 Dances, soirees, mask balls, boxing or athletic contests, etc., 
 
 license required for. §7T6Ca 417 
 
 Detectives, how appointed. §745G 397 
 
 Detectives, transfer to uniformed force, §745G 398 
 
 Duties and powers, §744 389 
 
 Estimate of expenses to be certified to city annually, §747. . . . 391> 
 Examiners, Police, See "Police Examiners." 
 
 Expenses, duty of city to levy tax for, S747 399 
 
 Extra pay may be allowed to policemen, etc., for good conduct, 
 
 §750 402 
 
 Females and minors, to be taken to station house where there 
 
 is a matron, §760 408 
 
 Gratuities, fines and unclaimed property to go to special fund, 
 
 §750 402 
 
 Gratuities or extra compensation, no officer of police, etc., to 
 
 receive, §750 402 
 
 Gratuities, penalty for receiving without Board's consent, §750 402 
 
 House of Good shepherd, President to visit and inspect, §518. . 278 
 
 Ineligible to elective or appointive office during term. §740.. 387 
 
 Leave of absence with pay. §763 409 
 
 Long Bridge, jurisdiction over, §78 4 
 
 Marshal of Police and captains; not to release persons com- 
 mitted for felony, §757 407 
 
 Matrons. 
 
 Appointment, duties and salaries, §745H 398 
 
 Duties, §767 410 
 
 Not required to pass examination, §745J 398 
 
 Number to be appointed, §7451 398 
 
 Number to be appointed, §765 409 
 
 Qualifications, §766 409 
 
 Salaries, §768 410 
 
 Substitutes, §766 410 
 
 Superintendent of, §765 409 
 
 Mechanical work or labor, members of force not required to do, 
 
 §759a 408 
 
 Militia, command of when called out by Police Board or sheriff, 
 
 §769 411 
 
 Militia, penalty for refusal to obey orders. §748 401 
 
 Militia, power to call out, §748 401 
 
 Minute book open to public, §741 388 
 
 Oath of office, §740 388 
 
 Ordinances not to conflict with powers of, §6 25 
 
 Parks, may detail police for duty in, on request of Park Board, 
 
 §758 407 
 
 Patrol wagon, service, construction, equipment and mainten- 
 ance, §770 411 
 
 Penalty for failure of liquor dealers to close places of business
 
 INDEX. 
 
 655 
 
 Police Commissioxebs. — Contiued. page 
 
 temporarily, §753 404 
 
 Penalty for failure to turn over property, §755 405 
 
 Pensions. 
 
 Amount, who entitled to, §777 419 
 
 James M. Moore to be pairl, S780 422 
 
 Matrons to have. §777A 421 
 
 Medical examinations before grant of, §776F 418 
 
 Members of police patrol boat service, entitled to. S777C 421 
 
 Power to .suspend or dismiss retired policemen, S75G 406 
 
 Secretary and assistant-secretary, §777B 421 
 
 Retired policemen to be for natural life, §776E 418 
 
 Widows and children of policemen killed in discharge of 
 
 duty, period of allowance, §776D 418 
 
 When salary of any grade or rank increased pension 
 
 to be increased accordingly, §777-1 420 
 
 Personating policemen, penalty for, S78n 425 
 
 Physicians examining women and female children, tees, §773C 413 
 Phys'icians to attend at station houses, etc., to examino women 
 
 and female children, appointment. §773A 412 
 
 Physicians to police force, S773 412 
 
 Physicians to police force, appointment, §771 411 
 
 Physicians to police force, duties, §772 412 
 
 Police force, appointment, number, rank and pay. §745 391 
 
 Police Magistrates. Magistrate for Juvenile Causes and State's 
 Attorney to direct physician to examine women and female 
 
 children, §773B 413 
 
 Police, grades, salaries, §745i4 393 
 
 Policemen injured in discharge of duty, may grant relief to, 
 
 §749 402 
 
 Policemen killed while discharging duties, relief to families 
 
 of, §749 402 
 
 Policemen, removal from force after trial, §7o5F 397 
 
 Policemen, tenure, §745F 397 
 
 President and treasurer of board, §741 388 
 
 President to be member of Department of Public Safety, §68. 94 
 
 Probationary officers, power to appoint fifteen additional, §764 409 
 
 Property of former board, to have custody of, §7r)4 404 
 
 Property .seized or found by policemen to be turned over to 
 
 secretary, §755 405 
 
 Races, upon request of President of Md. Jockey Club to detail 
 
 men to attend, §774 413 
 
 Record of proceedings and accounts to be kept, §751 402 
 
 Records, open to inspection by General Assembly, §751 403 
 
 Registration of voters, to detail men to preserve order, etc., §775 414 
 
 Removal from office, §740 387 
 
 Report to be made to Governor annually, §751 A 403^ 
 
 Retirement of members of force, pension; to Ik j);iid. §750 405
 
 656 
 
 INDEX. 
 
 Police Commissioners. — Contiued. page 
 
 Rules and regulations, power to make, §749 401 
 
 Seal, may have and use, §754 4U4 
 
 Secretary, appointment, duties and salary, §742 389 
 
 Secretary to Marshal of Police, bond, salary, §746 399 
 
 Sheriff, authority over, §748 401 
 
 Sheriff, may direct him to summon posse comitatus, §748.... 401 
 Sheriffs, constables, etc., penalty for refusing to obey orders, 
 
 §748 401 
 
 Special Fund. 
 
 Board trustees of, treasurer, §776A 414 
 
 Bond of treasurer, §776A 414 
 
 Deficit in, to be defrayed by city, §§776C, 777Ba 415-421 
 
 ETxempt from execution, §776B 415 
 
 Expense of maintenance and operation of patrol boat to 
 
 be paid from, §778 422 
 
 Fraud with reference to, penalty, §776B 415 
 
 Powers of Board with reference to, §776A 414 
 
 Sources from which derived, §776C 415 
 
 Station houses, erection and repair, to be paid out of §779 422 
 
 What shall constitute. §776 414 
 
 Station houses acquisition of land for and erection of, §786, 788 
 
 425, 426 
 
 Term of office salaries, §740 387 
 
 Thieves and pickpockets, police to arrest suspected. §783.... 423 
 
 Treasurer to render statement of accounts, §752 404 
 
 Vacancies in force, how filled, §749 401 
 
 Vacancy cau.sed by death, etc.. how filled, S741 388 
 
 Vote to be by yea and nay and recorded in minute book, §741 388 
 
 Witnesses, power to summon and fine for non-attendance. §744 390 
 
 Police Examiners. 
 
 Application for examination, forms to be prepared, §745E.... 396 
 
 Application for examination, information to be given in, §745E 396 
 
 Application for examination to be under oath, §745E 396 
 
 Appointment, qualifications, salaries. §745A 393 
 
 Examinations", rules for conducting, §745D 394 
 
 Examinations, who may be refused, §745E 396 
 
 Graded lists, appointments and promotions by Police Board 
 
 to be made from. §745D 395 
 
 Ineligble to elective or appointive office. S745A 393 
 
 Oath of office, §745A 394 
 
 Offices, stationery, etc., to be furnished, §745C 394 
 
 Secretary, salary and duties, §745B 394 
 
 Police Station Houses. 
 
 See "Stocks, Loans and Finance."
 
 INDEX. 657 
 
 Posse CoiHTAirs. page 
 
 Sheriff may summon, §748 401 
 
 Possession of Prop?:rty, City Taking. 
 
 See "Condemnation," and "Streets, Bridges and Highways." 
 
 Powers. 
 
 See "General Powers." 
 
 Practice. 
 
 See "Courts — Law Courts of Baltimore City." 
 
 Pratt Free Library. 
 
 Gifts, etc., of property, may receive, §789a 426 
 
 Mayor to appoint visitor to, §789 426 
 
 Taxes, property exempt from, §790 426 
 
 Title to property in tlie City, §789a 426 
 
 Printer. 
 
 See "Public Printer." 
 
 Printing and Stationery. 
 
 See "Librarian" and "Public Printer." 
 
 Prison Fare. 
 See "Jail." 
 
 Private Detectives. 
 See "Licenses." 
 
 Probation Officers. 
 
 Appointment, powers and salary, §8S6A 539 
 
 Duties, §886B 539 
 
 Minors may be paroled in their custody, §886C 540 
 
 Minors who are paroled may be punished by court for violation 
 
 thereof, §886D 540 
 
 Penalty for interfering with, or with minor paroled, §8S6C. . . 540 
 Probation, term may be extended and conditions added thereto, 
 
 §886E 541 
 
 Prohibition of Tracks on Certain Streets. 
 
 §801, 801a, 801b, 801c, 801d 435-437 
 
 Promissory Notes. 
 
 See "Bills of Exchange and Promissory Notes." 
 Proposals. 
 
 See "Contracts." 
 
 Public Buildings. 
 
 See "Superintendent of Public Buildings." 
 
 Public Improvements. 
 
 Art Commission to approve, §202 171 
 
 Board of, duties and powers, §84 100 
 
 Cost exceeding $2,000, to be approved by Board of Public Im- 
 provements, §85 -..r 102 
 
 Public Printer. 
 
 Election, duties, etc., §208 .....,.,;.,...,,....... 173
 
 1 
 
 658 
 
 IXDEX. 
 
 Pumps, Fou^TAl^R and Springs. pack 
 
 Erection and regulation of, g6 26 
 
 PUBVEYOB OF PROVISIONS. 
 
 See "Charities, Supervisors of City." 
 
 Quorum. 
 
 Decisions, note 184 
 
 Races. 
 
 Police to be detailed, §774 413 
 
 Railroad Employees. 
 
 Arrest of thieves and pickpockets by. §TS4 424 
 
 Railboads and Railways. 
 
 Assessment proceedings, jury trials, api>eals, §6 26 
 
 Assessments for tax, §6 ^6 
 
 Coupon tickets required, §792a -427 
 
 Foundation iinder and around railway ties. §6 40 
 
 General powers as to, §6 26 
 
 Houi-s of labor, forfeiture of charter for violation of law, §794. 428 
 
 Hours of labor of street railway employees, §793 428 
 
 Hours of labor, penalty for violation of law, §795 429 
 
 Penalty for violation of provisions of sees. 792a-792c §792d 428 
 
 Railway Area Paving. 
 
 Amount each company required to pay limited to $100,000 
 
 per annum, §800c 434 
 
 Area between tracks and for two feet on either side, cost 
 
 to be borne by companies, §800e 433 
 
 Cost may be first paid by city and afterwards collected 
 
 from the companies, §S00c 434 
 
 Cost to be lien on property of companies, §SCK)c 434 
 
 Cost, what included in. §S00c 433 
 
 Materials, kind to be used, §S00c 433 
 
 Provisions of sec. SOOc not to relieve companies of any obli- 
 gations, §800d 435 
 
 Safety gates at street crossings, §791 427 
 
 Safety gates, penalty for not providing. §792 427 
 
 Stop at principal station of passenger trains. §792c 428 
 
 Stop-over privileges. §792b 42 » 
 
 Street cars, fenders on, §6 27 
 
 Street railway fares, free transfers, §796 429 
 
 Street railway fares, rate of, §796 429 
 
 Railway Easements in Annex. 
 
 Terms of regrauts of, §S00b 4; 
 
 Railway Tracks Prohibited. 
 
 See "Prohibition of Tracks on Certain Streets." 
 
 Railways. 
 
 See "Railroads and Railways." 
 
 2
 
 INDEX. 
 
 659 
 
 Rates, Fares and Chabges. page 
 
 See "Franchises" and "Railroads and Railways." 
 
 Real Estate Bbokeks. 
 See "Licenses." 
 
 Receiving Stolen Goods. 
 See "Larceny." 
 
 Recognizances. 
 
 See "Bail" and "Auctioneers." 
 
 Records . 
 
 Certified copies of, as evidence, §31 m 
 
 Reformatories. 
 
 See "Houses of Refuge and Reformation." 
 
 Register of Wills. 
 
 Appraisers, appointment, salaries, §354A 235 
 
 Bond and certificate of approval by State Comptroller, to be 
 
 recorded in court proceedings, §355 236 
 
 Bond, effect of failure or refusal to give, §356 236 
 
 Bond, penalty of, approval by Orphans' Court, §354 236 
 
 Registration of Voters. 
 
 Supplementary registration prior to each municipal election, §17 GO 
 
 Regulation of Footways and Sidewalks. 
 See "Footways." 
 
 Removal from Office. 
 
 Mayor, i)Owers of, §25 63 
 
 Removed Cases. 
 
 See "Courts — Law Courts of Baltimore City." 
 
 Reports. 
 
 Department heads to report to Mayor, §24 63 
 
 Mayor's annual report, §22 61 
 
 Resolutions. 
 
 See "Ordinances and Resolutions." 
 
 Return Days. 
 
 See "Courts — Law Courts of Baltimore City." 
 
 Review and Assessment, Department of. 
 
 Appeal Tax Court, first sub-department of, §146 133 
 
 Board of Review and Assessment to be head, §145 133 
 
 Commissioners for Opening Streets, second sub-department of, 
 
 §172 151 
 
 Review of Assessments. 
 
 See "Appeal Tax Court." 
 Rules of City Council. 
 
 See "City Council." 
 
 Sabbath. 
 
 Sale of ice on, prohibited, §§806, 807 438
 
 660 
 
 INDEX. 
 
 Safety Gates. pagB 
 
 See "Railroads and Railways." 
 Safety Regulations for Hotels. 
 
 See "Buildings." 
 
 St. Martha's Episcopal House. 
 
 Appropriation from city for conduct and management, §S85a . . . 538 
 
 St. Mary's Industrial School. 
 
 See "Houses of Refuge and Reformation." 
 St. Vincent of Paul's Orphan Asylum of Baltimore. 
 
 See "Houses of Refuge and Reformation." 
 
 Salaries. 
 
 Board of Estimates, power to increase or decrease. §36A 75 
 
 Saloons. 
 
 See "Licenses." 
 
 Sanitary Regulations. 
 See "Health." 
 
 Saturday Half-Holidays. 
 See "Holidays." 
 
 Sawed and Split Wood. 
 See "Wood." 
 
 School Commissioners, Board of. 
 
 Appointment, qualifications. §99 109 
 
 Assistant Superintendents of Public Instruction, appointment 
 
 of, §100 110 
 
 Assistant Superintendents of Public Instructions, duties, §101. . Ill 
 Ecclesiastical and party ties not to be regarded in administra- 
 tion of schools, §99 109 
 
 Examinations for appointment and promotion of teachers, §101. Ill 
 
 Officers, secretaries and clerks, appointment of, §99 110 
 
 Principals, etc.. of City College, etc., appointment of, §100 110 
 
 Superintendent of Public Instruction, appointment and quali- 
 fications, §100 110 
 
 Superintendent of Public Instruction, duties of, §101 Ill 
 
 Superintendent of Public Instruction, report to School Board. 
 
 §101 112 
 
 Teachers, appointment from graded list, confirmation by Board, 
 
 §99 110 
 
 Visitors, appointment and duties, §100 Ill 
 
 Visitors, meetings of, §102 112 
 
 Visitors, to report on condition of schools, §102 112 
 
 Schools. 
 
 See "Stocks, Loans and Finance." 
 
 Books, contracts for, §99 110 
 
 Buildings, plans and construction of, §99 110 
 
 Buildings, plumbing, heating and ventilation, §100 Ill
 
 INDEX. 
 
 661 
 
 Schools. — Continued. pagh 
 
 Free public school system, §6 28 
 
 General powers as to, §6 LIS 
 
 Intestates' Estates. 
 
 Charitable Marine Society of Baltimore, sees. 80S-S12 not 
 
 to affect rights of, §813 489 
 
 City to obligate itself to apply fund to use of schools, §SH . 439 
 Distribution to School Board, notice to be published before, 
 
 §809 438 
 
 Estates unclaimed to be paid to School Board, §808...... 438 
 
 Legal representatives entitled to have money restored by 
 
 city, §812 439 
 
 Release to be given to executor or administrator, §810 438 
 
 Johns Hopkins University, degrees, may confer, §815 439 
 
 Johns Hopkins University, powers of, §814 439 
 
 Officers, appointment of, §§99, 100 109-111 
 
 Peabody Institute, reissue of city .stock to, §816 440 
 
 Pensions. 
 
 Appointees to teaching force must accept the provisions of 
 
 this Act, §102F IKi 
 
 Assessments, City Register to retain from monthly salary 
 
 of teachers, §102 117 
 
 Assessments to be paid by teachers, amounts of, §102 117 
 
 Attachment, etc.. Teachers' Retirement Fund and all pay- 
 ments from same to be exempt from, §102R 121 
 
 Board of Estimates to make up deficiencies in Teachers' 
 
 Retirement Fund, §102G 117 
 
 By-laws and rules, power of trustees to adopt, §102C 114 
 
 Death, before receiving pension, amount to be paid 
 
 teacher's estate, §102P 121 
 
 Deficiencies in payment by teachers to Retirement Fund. 
 
 how made up, §102J 118 
 
 Dismissal of teachers, not affected by provisions of this Act, 
 
 §102N 120 
 
 Funds, disposition of by board of trustees, §102M 120 
 
 Gifts, bequests, etc., power of trustees to receive, §102C. . . . 114 
 Office of secretary and treasurer may be held by same per- 
 son, §102D 114 
 
 Payment of pensions to begin 2 years after operation of 
 
 law commences, §102Q 121 
 
 President, secretary and treasurer, board of trustees to 
 
 elect, §102D IM 
 
 Qualifications for retirement, §102H 117 
 
 Re-in.statement after retirement of teacher, power of P.oard 
 
 of trustees to make, §102J 119 
 
 Re-instatement, fee of examining physician, board of trus- 
 tees to pay, §102K 119
 
 662 
 
 INDEX. 
 
 Schools.— Continued. page 
 
 Re-instatement, period of retirement treated as part of 
 
 term of active service, §102K 119 
 
 Resignation of teacher, amount to be refunded because of, 
 
 §102P 120 
 
 Retired teactiers, power of School Board to require service 
 
 from. §102L 119 
 
 Retirement after 20 years of service, §1021 118 
 
 Retirement after 40 years of service, §102H 117 
 
 Retirement of teachers by School Board with approval of 
 
 Board of Trustees, §102H 117 
 
 Salaries, may be paid secretary, etc., §102D 115 
 
 Salary, proportion of to be paid as pension, §1020 120 
 
 Secretary, duties, §102D 115 
 
 Subordinates, power of Board to appoint, §102D 115 
 
 Teacher, members of the teaching force of Baltimore City, 
 
 definition of, §102S 121 
 
 Teachers' Retirement Fund, property of, power of Board 
 
 of Trustees over, §102G 116 
 
 Teachers to notify Board of Trustees in writing of ac- 
 ceptance of the provisions of this Act, §102E 116 
 
 Title to property, power of trustees to liold, transfer, etc.. 
 
 §102C 114 
 
 Treasurer, duties and bond, §102r) 115 
 
 Trustees from teaching force, how elected, §102A 113 
 
 Trustees of Teachers' Retirement Fund, who shall consti- 
 tute, §102A 113 
 
 Trustees, tenure of office, §102B 114 
 
 Trustees, term of office, §102A 113 
 
 Vacancies in Board of Trustees, how filled. §102B 114 
 
 Seal of City. 
 
 City may use and alter same. §1 1 
 
 Custody and use of, fees fcrr impressions, §35 70 
 
 Seats fok Female Employees. 
 
 Manufacturing and mercantile establishments to provide, §505.. 269 
 Penalty for violation of law, §508 269 
 
 Second Branch City Council. 
 See "City Council." 
 
 Sewerage Commission. 
 
 Member of Department of Public Improvements, §84 101 
 
 Sewers. 
 
 See "New Sewerage System." 
 
 Benefit assessments on city, taxes to be levied or loan issued 
 
 to pay, §823 443 
 
 Commissioner of Health to inspect and examine, §6 28 
 
 Commissioners to give notice before proceeding under ordi- 
 nance, §822 443
 
 INDEX. 
 
 663 
 
 Sewers.— Continued. paqb 
 
 Condemnation of laud for. §(J 29 
 
 Cost of repairs, by whom to be paid. §6 28 
 
 General powers as to, §6 28 
 
 Jones' Falls, provisions relating to sewers not to :ii)ply to. Sj'iOO. 299 
 
 Loan, authorized, §824 443 
 
 Private sewers and drains, not to be constructed without per- 
 mit from City Engineer, §S20 442 
 
 Private sewers, repair* of, §0 28 
 
 Obstruction of, penalty, §817 441 
 
 Ordinance relating to constrnctlon of, notice to be given, §S21. . 443 
 Out-Fall Sewer, use by B.nltlmore County authorized. . . .Ai)i). 571-574 
 
 Rights of way, proeecdiugs for accin!sitit)n. §M,s 441 
 
 Sewer benefits, lien on property, §819 442 
 
 Sheriff. 
 
 See "Police Commissioners." 
 
 Bond, liable for payment of tines to city, S442 255 
 
 Capias, endorsements thereon and return of. §383 230 
 
 Capias, fees for return of, §334 231 
 
 Dispensaries to file report of number of patients, §440 254 
 
 Distraint or execution for fees, notice of, necessary, §3SG 245 
 
 Fees, §825 460 
 
 Fees in water condemnation proceedings, §6 50 
 
 Fines and forfeitures, disposition of, §438 245 
 
 Fines for violation of gauging law, accounting, §551 287 
 
 Fines, unclaimed payable to city, §441 255 
 
 Houses of ill-fame, disposition of fines imposed on keepers, §439. 254 
 
 Grand Jury, summoning members. §604 300 
 
 Impersonating sheriff or deputies, penalty, §785 425 
 
 Jurors, drawing names from wheel, §605 303 
 
 Jurors in street condemnation cases, summoning, §179 161 
 
 Jurors, liability for fraud in drawing. §616 309 
 
 Jurors, summoning, §608 304 
 
 Jury books, deposit of, §608 305 
 
 Licenses, duties in regard to, §701 370 
 
 Officers may execute for fees, §384 244 
 
 Officers whose fees may be collected by execution, §385 244 
 
 Returns, penalty for failure to make, §388 245 
 
 Sidewalks. 
 
 See "Footways." 
 
 Signs. 
 
 Use of sidewalks and streets by, §6 39 
 
 Sinking Funds. 
 
 See "City Register." "Parks and Squares" aiul "Stocks. Loans 
 and Finance." 
 
 Creation of, §6 31 
 
 Investment of, §6 31 
 
 Investments to remain separate §6 31 
 
 Sewer loans and liabilitiefi, creation of, §823 H.V
 
 (3(34 INDEX. 
 
 Sinking Fund Bonds. pagr 
 
 See "Stocks, Loan aud Finance." 
 
 Smoke. 
 
 Consumption of, §6 G 
 
 Speedy Judgment Act. 
 
 See "Courts — Law Courts of Baltimore City." 
 
 Special Paving Tax. 
 
 Appeal from action of Appeal Tax Court, §841gg 526 
 
 Appeal Tax Court, duty to classify aud list property, §S41gg o2o 
 
 Appeal Tax Court to certify its action to City Collector, §841gg. 526 
 
 City Collector to account monthly to Comptroller, §841gg 526 
 
 Class A defined, §S41gg 525 
 
 Class. B defined, §S41gg 525 
 
 Class C defined, §841gg 525 
 
 Classification of property, §841gg 525 
 
 Collected as ordinary taxes are, §S41gg 526 
 
 Corner property other than private dwellings, tax on, §841ii. . 527 
 
 Corner property, tax on private dwellings, §841ii 527 
 
 "Improved Paving," definition of, §841hh 527 
 
 "Landed Property," definition of, §S41hh 527 
 
 Levy and term for which taxes to be paid, §841ff 525 
 
 Notice to property owner by Appeal Tax Court, §S41gg 526 
 
 "Paved," definition. of, §841hh 527 
 
 Property to be assessed, §S41gg 825 
 
 Purpose for which tax may be used, §S41gg 526 
 
 Rate of tax for Classes A, B and C, §841ii 527 
 
 Spbings. 
 
 See "Pmnps, Fountains and Springs" and "Parks and Squares." 
 
 Squares. 
 
 See "Parks and Squares." 
 
 State Board of Boiler Inspection. 
 See "Steam Boilers." 
 
 State Taxes. 
 
 City loans, exemptions from, §154 138 
 
 Collector of. §§52-58A 88-90 
 
 Daily deposits by Collector of State Taxes, §54 89 
 
 Payment by City Register on city loans, §§153, 154 137 
 
 State Tax Commissioner. 
 
 Appeals from decisions of, §170a 149 
 
 Stationary Engineers. 
 
 See "Examining Engineers." 
 
 Stationery, Printing and Supplies. 
 
 See "Librarian" and "School Commissioners, Board of." 
 
 Statutes. 
 
 Art Commission to approve, §202, , 171
 
 INDEX. 
 
 665 
 
 Steam Boileks. page 
 Accounts, inspectors to keep and report annually to State 
 
 Comptroller, §583 295 
 
 Alteration of steam gauge, etc., penalty, §580 295 
 
 Boilers exempted from inspection, conditions, §586 290 
 
 Certificate of inspection, contents of, §577 293 
 
 Condemnation of boiler, penalty for use after, §578 294 
 
 Districts, city to be divided into two, §573 292 
 
 Engineers and assistants, power of inspectors to examine, §581 . 295 
 
 Fees for inspection, §582 295 
 
 Fines and penalties, how recoverable, §589 296 
 
 Inspection, details of, §577 293 
 
 Inspections other than annual, §578 294 
 
 Inspectors, appointment, oath of office, bond, §572 291 
 
 Inspectors, penalty for neglect of duty, §587 296 
 
 Installation of boiler without inspection, penalty, §580 294 
 
 Locations of boilers, etc., inspectors to keep record of, §583 295 
 
 Notice of intention to inspect, in writing, §576 292 
 
 Notice to be given that they will receive reports of locations 
 
 of, §574 292 
 
 Notice to owner of condition of boiler, §578 294 
 
 Office and necessary testing apparatus, inspectors to provide, 
 
 §574 292 
 
 Owner to furnish assistance to inspector, penalty, §576 293 
 
 Owners to report locations of boilers, penalty for neglect, §575 . . 292 
 
 Penalty for use of boiler without certificate of inspection, §576 . 293 
 Permit of city for erection of steam boilers not affected by this 
 
 law, §585 296 
 
 Re-examination, by whom to be made, fees of re-examiners. 
 
 §579 294 
 
 Re-examination, right of owner to demand, expenses, how paid, 
 
 §579 294 
 
 Salaries of inspectors, §584 295 
 
 Surplus of moneys collected to be paid over to State Treasurer, 
 
 §584 295 
 
 Vacancies, Governor to fill as soon as possible, §588 296 
 
 Ste.\ogr.\piiers of Courts. 
 
 Assistants, compensation, §382 244 
 
 Compensation, §379 .' 242 
 
 Copy of testimony, how paid for, §380 243 
 
 Judges of Supreme Bench to appoint court stenographers, 
 
 §379 242 
 
 Orphans' Court. 
 
 Appointment of stenographer, §381 243 
 
 Attendance, when required, §381 243 
 
 Compensation of stenographer, §381 244 
 
 Signing of record by witness may be waived, §381 244 
 
 Qualifications, duties, term of office, §380 243
 
 (566 
 
 INDEX. 
 
 I 
 
 Stev-edores. page 
 
 See "Licenses." 
 
 Stick Wood. 
 See "Wood." 
 
 Stocks, Loans and Finance. 
 
 Baltimore & Eastern Shore Railroad, city may endorse bonds 
 
 of, terms of endorsement, §820 4(j0 
 
 City stock, signing of, §41 81 
 
 Civic Centre and Parks. 
 
 Compensation to Park Board, §826d 463 
 
 Interest and sinking fund provided for, §82Gf 464 
 
 Loan of $3,000,000 authorized, §826a 461 
 
 Park Board, city may delegate certain powers to, §S26c 463 
 
 Property, powers of acquisition, §826b 462 
 
 Purposes for which loan may be used, §S26a 462 
 
 Restrictions, city relieved of certain, §S26e 464 
 
 Contagious Diseases Hospital. 
 
 Interest and sinking fund provided for. §S26g 464 
 
 Loan of $750,000 authorized, §S26g 464 
 
 Purposes for which proceeds of loan may be used, §826g. . . 464 
 
 Electrical Commission — Loan Act of 1902. 
 
 Loan of $1,000,000 authorized, §826h 4&4 
 
 Purposes for which proceeds of loan may be used, §826h . . . 464 
 
 Electrical Commission — Loan Act of 1908. 
 
 Loan of $1,000,000 authorized, §S26h-l 465 
 
 Purposes for which proceeds may be used, §S26h-l 465 
 
 Electrical Commission — Loan Act of 1912. 
 
 Loan of $2,000,000 authorized. §S26i 465 
 
 Purposes for which proceeds of loan may be used. §8261 466 
 
 Harbor, Docks and Wharves. 
 
 Board of Estimates authorized to rent puhlif wharves, 
 
 docks, etc., §826 469 
 
 Board of Estimates, plans to be approved by, §826k 468 
 
 Condemnation of property, proceedings, §826m 469 
 
 Condemnation, ordinance not necessary, §S26m 470 
 
 Harbor Board, powers of, §826o 470 
 
 Interest and sinking fund provided for, §826j 467 
 
 Loan may be issued in installments, §826j 466 
 
 Loan of $5,000,000 authorized, §826j 466 
 
 Officials to exercise usual powers in carrying out provisions 
 
 of this Act, §826n 470 
 
 Proceeds of loan to be known as "Harbor Improvement 
 
 Loan," §826j 467 
 
 Purposes for which proceeds may be used, §826k 467 
 
 .Tones' Falls Improvement. 
 
 Commission on City Plan, powers may be delegated to, 
 
 §826r ^'1 
 
 Fallsway, authorized to be opened and constructed, §826p . . 471 
 
 I
 
 INDEX. gg'j- 
 
 Stocks, Loans and Finance. — Continued. page 
 
 Interest and sinking fund provided for, g826t 472 
 
 Loan of $1,000,000 authorized, §S26t 472 
 
 Opening, etc., to be autlioi'ized by ordinance, §S20q 471 
 
 Property acquired but not needed for improvement may be 
 
 sold, disposition of proceeds, §S2Gs 472 
 
 List of Loan Acts, note 400 
 
 Mimicipal Lighting Plant. 
 
 Loan of $1,350,000, §820u 473 
 
 I'urposes for which proceeds of loan are to be used, §820u. . 473 
 
 Payment of taxes on city stock, §6 71 
 
 Police Station Houses, 
 
 Loan of $1,000,000 authorized. S.S20v 473 
 
 Purposes for which proceeds are to be used. §820v 473 
 
 Schools. 
 
 Loan of $1,500,000 authorized, §82(iw 473 
 
 Purposes for which proceeds are tu be used. §s20w 474 
 
 Sinking Fund Bonds. 
 
 Conditions of issue of loan, §S26y 475 
 
 How issued, §826y 476 
 
 Interest provided for, §S26y 476 
 
 Loan of $3,000,000 authorized, §826x 474 
 
 Purposes for which proceeds are to be used, §82Gy 476 
 
 Sinking funds, §6 8] 
 
 Water Supply Improvement. 
 
 Baltimore County entitled to 10,000.000 gallons of water 
 
 upon certain terms, §826kk 488 
 
 Baltimore County, §35,000 to be paid to. !i826ff 481 
 
 Baltimore County to be reimbursed for repairs to roads 
 
 and bridges, §820ii 485 
 
 Condemnation, laws under which to be exercised, §826bb. . 480 
 
 Condemnation, powers of, §826z 478 
 
 Contracts to be let under provisions of sees. 14 and 15 of 
 
 charter, §826cc 481 
 
 Corporations, public or private, authorized to contract with 
 
 city, §820aa 479 
 
 Criminal cases, costs and how to be paid. §S26ee 481 
 
 Day labor, work may be done by, §82b*nn 491 
 
 Employees on work, who may be, §82Gnn 491 
 
 Employees, power to appoint and require bond from, §826z. 478 
 
 Employees, rules as to hours of labor, wages, etc., §82Gnn. . 491 
 
 Interest and sinking fund provided for, §82Goo 492 
 
 Loan of $5,000,000 authorized, §S2Goo 492 
 
 One official in charge of water supply, in case of, two 
 
 associates to be appointed, §82Gnn 490 
 
 Ordinances, power of city to pass, §82Gmm 490 
 
 Police, city to maintain din-ing rours? of work, §826ee. . . . 481
 
 668 INDEX. 
 
 Stocks, Loax and Finance. — Continued. page 
 Police, to be under direction of Police Marshal of Balti- 
 more County, §S26ee 481 
 
 Powers conferred by this Act in addition to powers already 
 
 possessed, §S2(jdd 481 
 
 Powers, extent of, and how exercisable, §826un 490 
 
 Powers granted, §S2Gz 477 
 
 Public roads and bridges, inspection of at intervals of six 
 
 months, §826ii 485 
 
 Public roads and bridges to be inspected before work com- 
 menced and memorandum of their condition made, 
 
 §S2Gii 484 
 
 Public roads and bridges, terms on which they may be 
 
 altered or diverted, procedure, §826hh 483 
 
 Public roads and bridges to be repaired or replaced, §826hh. 482 
 Reservoir and appurtenances authorized to be constructed, 
 
 §826z 477 
 
 Roads and highways, public and private, map to be tiled 
 
 showing which are to be closed, etc., §82611 490 
 
 Stone, excavated, may be sold to Baltimore County. §S26gg. 482 
 Taxation, property acquired to be exempt from, §826ff . . . . 482 
 
 Title acquired, to be fee-simple, §826z 479 
 
 Turnpike roads and bridges, diversion, repair and re- 
 placement of, §826jj 4SG 
 
 Stop-Over on Tickets. 
 
 See "Railroads and Railways." 
 
 Straw and Hay. 
 
 See "Inspections, Weights and Measures." 
 
 Streets, Bridges and Highways. 
 
 See "Dedicated Streets." , 
 
 See "Railroads and Railways." 
 
 See "Special Paving Tax." 
 
 Annex, condemnations of street commenced under Art. 3 to be 
 
 completed thereunder, §3 3 
 
 Annex Loan Act of 1904. 
 
 Acquisition of property, powers of, §841e 508 
 
 Amount of stock issued in each year limited, §841a 505 
 
 Commission authorized to be appointed, salaries, §S41b 506 
 
 Commissioners for Opening Streets, powers under this Act 
 
 may be delegated by ordinance to, §841j 509 
 
 Completed work to be turned over to proper city officials, 
 
 §841i 509 
 
 Contracts, to be subject to provisions of sees. 14 and 15 
 
 of Charter, §841g 508 
 
 Loan of $2,000,000 authorized, §841a 505 
 
 Maps showing streets, etc., of Annex to be prepared, §841d. 507 
 Powers of Commission, §841c 507
 
 INDEX. 
 
 669 
 
 Streets, Bridges axd Highways. — Continued. page 
 
 Purposes for which proceeds of loan are to be used, §S41a. . HOG 
 
 Sewerage and drainage to be provided for, §84lh 50!) 
 
 yidewallis to be improved at expense of property owners, 
 
 §S41f .508 
 
 Annex Loan Act of 1910. 
 
 Acquisition of property, powers of, §841o .jl L 
 
 Additional compensation allowed commissioners and clerk 
 
 §841k 509 
 
 Alternative bids, city by ordinance may direct award of 
 
 contract to lowest bidder. §841n 511 
 
 Amount of loan issued in each year limited, §841q 513 
 
 Clerk of Commissioners to be Secretary of Commission, 
 
 §S41k 510 
 
 Commissioners for Opening Streets to act as Annex Im- 
 provement Commission, §841k 509 
 
 Contracts subject to sees. 14 and 15 of Charter, §841n.... 511 
 
 Interest and sinking fund provided for, §S41q 514 
 
 Loan of $2,500,000 authorized, §841q 513 
 
 Moneys collected to be credited to "Annex Improvement 
 
 Fund," §841t 515 
 
 Ordinance No. 151 of 1906 continued in force, §841s 514 
 
 Paving of street, powers as to, §S41m 511 
 
 Powers of city during progress of work, §S41r. , 514 
 
 Purposes for which proceeds of loan are to be used, §S41q. . 513 
 Records of Commission under Act of 1904, to have posses- 
 sion of, §8411 510 
 
 Secretary, duties, §841k 510 
 
 Sewerage and drainage to be provided for, §S41r 514 
 
 Subordinates, power to appoint and fix compensation, sub- 
 ject to approval of Board of Estimates, §S41k 510 
 
 Annex, streets of, streets of city, §3 2 
 
 Bridges and turnpike roads, §6 42 
 
 Bridges in Annex to be completed by city, §839 503 
 
 Cleaning and lighting, §6 40 
 
 Condemnation, power of, §6 32 
 
 Condemnation proceedings may be imder Art. 33A of Code of 
 
 Public General Laws, §829a 495 
 
 Conduits, Electrical Commission and rental of conduits, §6 41 
 
 Construction, paving and curbing, duty of Highways Engineer, 
 
 §86 103 
 
 Distributing poles and other similar structures, §G 42 
 
 Eutaw Place, north of North avenue, acceptance of deed of, 
 
 §§836, 837 500 
 
 Footways, regulation, etc, §6 37 
 
 General powers as to, §6 32 
 
 Grade changes resulting from B. & O. Southwest Baltimore 
 
 Grade Crossing changes, damages to be paid, §S37a 501 
 
 Grade lines of streets, §6 34
 
 070 
 
 INDEX. 
 
 Streets, Bridges and Highways. — Continued. page 
 
 Grading, etc., streets, §6 36 
 
 Grades of streets, changes on certificate of Commissioner of 
 
 Heaitli, §834 499 
 
 Grades of streets. City Surveyor to establisli, §833a 499 
 
 Grades of streets, damages for, §834 500 
 
 Grades of streets, fees for establishing, §833b 499 
 
 Levy of tax to pay unpaid assessments for grading, etc., 5>6. . . . 37 
 
 Light Street Bridge, §6 ^2 
 
 Long Bridge, city to maintain, §839 503 
 
 Minor privileges, prohibited, §6 54 
 
 New Boundary Avenue, assessment of property in county, 
 
 fronting thereon. §838b 502 
 
 Numbering houses, §6 39 
 
 Opening, Closing, etc.. Streets. 
 
 Annex, opening, etc., streets in, §840 503 
 
 Closing of streets, what map shall show, §828 494 
 
 Condemnation of property, §827 493 
 
 Damages, rejection by those entitled, §827 493 
 
 Disability, person laboring under legal, money may be paid 
 
 into court when laud condemned, §827 493 
 
 Interested parties, quieting claims of, §827 493 
 
 Maps, may be borrowed temporarily from Commissioners, 
 
 §828 ." 194 
 
 Maps, to be signed by Commissioners and Clerk and filed in 
 
 their office, §828 494 
 
 Notice before Commissioners proceed with execution of 
 
 ordinance, §829 495 
 
 Opening, widening, etc., what maps shall show, §828 494 
 
 Ordinance, notice by advertisement and filing map with 
 
 Commissioners, §828 494 
 
 Ordinance, unsubstantial amendments may be made to 
 
 while on passage, §828 495 
 
 Owner, who considered, §830 498 
 
 Release of city from claims in, §827 493 
 
 Streets, etc., after opening shall be public highways of 
 
 city, §832 498 
 
 Streets laid out in divisions of estates, how made public, 
 
 §831 498 
 
 Paving Commission. 
 
 Amount of stock to be issued in each year limited, §841z . . 521 
 
 Appointment and qualifications, §S41u 515 
 
 Appropriations, how made, §841z 521 
 
 Bonds, may require from employees, §841t 518 
 
 Chairman and secretary pro tempore, appointment au- 
 thorized, §841z 521 
 
 Chairman, election by Commission, salary, §841w 516
 
 INDEX. (571 
 
 Streets, Bridges a>d Highways. — Continued. pagb 
 Completed work to be turned over from time to time to 
 
 proper city officials, §S41cc 523 
 
 Contracts, to be subject to provisions of sees. 14 and 15 
 
 of Charter, §841y 520 
 
 Day labor, may do work by, §S41y 521 
 
 Interest and sinking fund provided for, §841z 522 
 
 Loan of $5,000,000 authorized, §841z 521 
 
 Loan of $5,000,000 authorized by Act of 1900, repealed, 
 
 §841dd 523 
 
 "New Paving Fund," proceeds of loan and assessments, to 
 
 be credited to, §S41z 521 
 
 Obstruction, etc., in streets to be shifted and accommodated 
 
 to work of Commission, penalty, §S41x 520 
 
 Paving assessments, procedure, §S41r 517 
 
 Paving, grading, re-paving and re-grading of streets, §841v . 518 
 
 Powers of city officials during progress of work, §841cc 528 
 
 I'owers of Commission, §S41v 510 
 
 Property, powers of acquisition, §841w 519 
 
 Records, etc., to be turned over to City Librarian upon 
 
 completion of work, §841cc 523 
 
 Residents, may adopt rules limiting employment to. §S41y. . 520 
 
 Secretary, appointment, salary and duties, §S41u 516 
 
 Street railway companies to pay cost of paving in railway 
 
 area, §841bb 522 
 
 Vacancies, how filled, §841u 515 
 
 Paving, etc., streets, special ordinance, §6 35 
 
 Plan of streets for Annex, §840 503 
 
 Possession of property, conditions under which it may be 
 
 taken, §829c 497 
 
 Private streets, etc., on application of owners city may pave at 
 
 their expense, §833 499 
 
 Regulating Use of Streets. 
 
 Obstructions and encroachments, §6 38 
 
 Opening of street surface, §6 39 
 
 Signs, poles, wires, trees, etc.. §G 39 
 
 Tracks, poles and wires, §6 40 
 
 Sidewalks to be paved at expense of property owners, §841q. . 512 
 
 Streets in Annex public highways of city, §3 2 
 
 Turnpike companies may cede roads within city limits. §8.35.. 500 
 
 York Road, cobble stone and macadam paving prohibited, §838a 502 
 
 Stbuctukes Prohibited. 
 
 Certain sti-uctures in streets, etc., prohibited, §8 54 
 
 Subways a.\d Conduits. 
 
 Distrilniting poles may be erected in connection with under 
 
 ground conduits, §6 42 
 
 General powers as to, §6 41 
 
 Power to compel the use of and regulate distributing poles, §0. . 42
 
 (372 INDEX. 
 
 Suits. page 
 
 City may sue and be sued, §1 1 
 
 Superintendent of Lamps and Lighting. 
 
 Appointment, duties, salary, §204 172 
 
 Subordinates, appointment of, §204 172 
 
 Superintendent of Public Buildings. 
 
 Appointment, duties, salary, §207 173 
 
 Subordinates, appoi'ntment of, §207 173 
 
 Superintendent of Public Instruction. 
 See "Schools." 
 
 Superior Court. 
 
 See "Courts — Law Courts of Baltimore City." 
 
 Supervisors of City Charities. 
 
 See "Charities — Supervisors of City." 
 
 Supreme Bench of Baltimore City. 
 
 Additional judges of, §326 229 
 
 Apportionment of business of two Circuit Courts, §325 229 
 
 Sweat Shops. 
 
 Fire escapes to be provided, penalty, §280 210 
 
 Lighting of regulated, penalty, §280 210 
 
 Taxes. 
 
 See "Special Paving Tax." 
 
 See "Appeal Tax Court" and "City Collector." 
 
 Abatements to encourage manufactures, §6 44 
 
 Adjustment of, when assessment is increased or decreased by 
 
 City Court, §70 149 
 
 Annex, personal property in, subject to levy, taxation and as- 
 sessment same as property in old city limits, §4 3 
 
 Annex property, real and leasehold, divided into three classes, 
 
 urban, suburban and rural, §4 3 
 
 Annual levy by ordinance, §40 79 
 
 Annual levy of direct tax, §6 43 
 
 Appeals, assessments, corrections, §147 134 
 
 Bills, City Collector to prepare, §42 81 
 
 Bills, mailing of, to taxpayers, §51 86 
 
 Building permits, not to be issued until taxes paid, §280a 210 
 
 Certificate of City Collector and Collector of State Taxes to be 
 
 prima facie evidence of taxes, etc., due, §5SA 90 
 
 City and State Taxes may be sued for and recovered in one 
 
 action, §58B 90 
 
 Collection by successive collectors, §51 A 87 
 
 Collection of taxes, §6 45 
 
 Decisions relating to, noie 44 
 
 Easements, etc., in streets, etc., of Annex, §4 5 
 
 General powers of city, §6 43 
 
 Interest on taxes in arrears. §40 80
 
 INDEX. 
 
 673 
 
 Taxes. — Continued. page 
 
 Limitations, four years from date of le\y, §843 52S 
 
 Penalty for attempting; to collect taxes barred by limitations, 
 
 §843 528 
 
 Penalty for delinquincy, §51 86 
 
 Procedure before increasing assessments, §150 135 
 
 Railroad easements, etc., in Annex, §4 5 
 
 Reduction of as,ses.sment on account of alienations, §15(5 140 
 
 Revision and correction of assessments, §157 140 
 
 Rural property in Annex defined, §4 4 
 
 Rural tax rate in Annex. §4 4 
 
 Sales. 
 
 Chattels, procedure, §49 86 
 
 Chattels, i^roceeds of sale, how applied, §50 86 
 
 Costs, purchaser to pay. §44 83 
 
 Notice, contents of, publication, §43 82 
 
 Procedure when set aside, §48 85 
 
 Proceedings may be completed by successive collectors, 
 
 §§45a. 45b S3 
 
 Purchase money, disposition of, §45 83 
 
 Purchase money, when to be paid. §44 83 
 
 Ratification by Cii'cuit Court, order nisi to be published, 
 
 §48 85 
 
 Ratification, procedure, §48 85 
 
 Redemption of property, §45 83 
 
 Redemption, reversioner may redeem. §47a 84 
 
 Redemption, terms <if. §47 84 
 
 Re-sale, application of proceeds. §48 85 
 
 Surplus from, disposition of, §46 84 
 
 Service of bills for taxes in arrear on real estate, §43 82 
 
 Shares of stock, collection of taxes on, §155a 138 
 
 Suburban property in Annex defined, §4 4 
 
 Suburban tax rate in Annex, §4 4 
 
 Survey of property for taxes, §43 82 
 
 Tax sales, §6 46 
 
 Taxable basis. Appeal Tax Court to report to Board of Esti- 
 mates, §171 151 
 
 Taxable basis. Board of Estimates to report to City Council, 
 
 §40 79 
 
 Taxes levied and assessed in Annex, prior to levy and assess- 
 ment for 1909, sul)ject to Act 1902. eh. 130. §4 5 
 
 Urban property in Annex defined, §4 3 
 
 When in arrears on all forms of property, §40 80 
 
 Taxing Poweb. 
 
 Decisions, note 184 
 
 Teachers. 
 
 See "Schools." 
 
 (22)
 
 074 
 
 INDEX. 
 
 rn 
 
 Tele(;rapii, page 
 
 Line to House of Correction, city to maintain, §782 423 
 
 Telegraph, Telephone and Electric Light Poles. 
 See "Poles and Wires." 
 
 Temporary Loans. 
 
 City not to autliorize, §36 74 
 
 Tenants for Year or Less or at Will. 
 See "Landlord and Tenant." 
 
 Tenement and Lodging Houses. 
 
 Authority of city to regulate. §507 270 
 
 Basement or cellar defined. §50S 270 
 
 Lodging: house delined. §508 270 
 
 Regulation of construction, use and management, §6 15 
 
 Tenement house defined, §508 270 
 
 Test Books. 
 
 City officials to sign, §25 64 
 
 Thp:atrical and Other Pltblic Amusements. 
 
 Power to license, regulate and restrain, §0 46 
 
 Thieves and I'ickpockets. 
 
 Arrest of. at depots, etc., §783 423 
 
 Arrest of on premises of railroads and on ferry boats, §784. . . . 424 
 Bail or commitment of. §§783. 784 423. 424 
 
 Topographical Survey. 
 
 Composition of. §840 503 
 
 Toporgaphical Survey' Commission. 
 
 Member of Department of Public Improvements, §84 101 
 
 Transfers. 
 
 See "Railroads and Railways." 
 
 Trees. 
 
 Planting, trimming (ir destroying of. may be regulated, §(J 39 
 
 Trust Funds. 
 
 City may receive. §2 2 
 
 Turnpikes.. 
 
 Annexation act. effect of. §5 5 
 
 City may purchase or condemn those in Annex, §5 5 
 
 Companies may cede to city iioi-tion of roads within city. §835. . 500 
 
 Ultra Vires Acts. 
 
 Decisions, note 184 
 
 Vagrants and Disorderly Persons. 
 
 Acquittal, costs to be paid b.v informer, §880 536 
 
 Arrests of, police may make on request or otherwise, §867 534 
 
 Charges to be heard before Criminal Court or Justice of the 
 
 Peace. §865 533 
 
 Children, arrest and commitment of. §883 537 
 
 f
 
 INDEX. 
 
 G75 
 
 Vagraxts AM) DisoRDicRLY PERSONS. — Continued. page 
 
 Cliildreu, detinition of "vugi-ant ehildivn," §SS3 537 
 
 Definition of terms, §SG6 533 
 
 Fees for issuing and serving warrants, etc., §880 53G 
 
 Institutions may make rules and regulations governing, §873.. 5.">5 
 
 Jury trial, if demanded. §878 5:5(5 
 
 Jury trials in Criminal Court, §870 536 
 
 Maryland House of Correction or other suitable place, ni.ny he 
 
 committed to, §808 534 
 
 Minors, commitment, §874 535 
 
 Minors, may he apprenticed, §875 535 
 
 Minor.s, Orphans' Court to have concurrent jurisdiction with 
 
 Criminal Court and justices, §877 536 
 
 Minors, who are, §876 53(5 
 
 Persons committed must serve term. §870 535 
 
 Place of commitment left to discretion of Justice, etc.. §869. . . . 534 
 
 Police magistrates to try. §(>:^2 317 
 
 Term of commitment, §872 r^55 
 
 Vegetable and Agricultural Products. 
 
 Broadway or County wharf, landing at, §431 252 
 
 Vehicles. 
 
 Power to license and regulate, §6 7 
 
 Vested Rights. 
 
 Charter not to affect, sec. 2 543 
 
 Veteran Volunteer Firemen's Association. 
 
 Appropriation for. §448 258 
 
 Veto by Mayor. 
 
 Appro])riations by ordinances and resolutions, §23 62 
 
 Ordinances and resolutions, §23 62 
 
 Visitors of the Jail. 
 
 See "Jail." 
 Void Ordinances. 
 
 For opening, etc.. s^.-eets, effect of, §180 162 
 
 Volunteer Militia. 
 
 Exempt from petit jury duty. §622 311 
 
 Wages of City Employees. 
 
 When to he paid, §35 71 
 
 Wagons, Carts, Drays, Etc. 
 See "Vehicles" and "Wood." 
 
 Waitresses. 
 
 Employment in i)laces of iiuhllc aninsenient as barmaids pro- 
 
 hil)ited, §000 541 
 
 Penalty for employing barmaids, §!)()1 541 
 
 Wards. 
 
 See "Legislative Districts."
 
 076 INDEX. 
 
 Washington Monument. page 
 
 See "Parks and Squares." 
 
 Water. 
 
 Acquisition of land and water courses, §(J 46 
 
 Acquisition of property and materials by agreement, §6 47 
 
 Acquisition of property and materials by condemnation, §6. . . . 47 
 
 Acquisition of riglits of water companies in Annex, §6 51 
 
 Condemnation. 
 
 Compensation of jurors and sheriff, §6 50 
 
 Duty of court, §6 49 
 
 Duty of jury, §6 48 
 
 Inquisition, §6 49 
 
 Oath of jury, §6 48 
 
 Property condemned, §6 49 
 
 Selection of jury, §6 48 
 
 Selection of jury, §6 .» 50 
 
 Fines and forfeitures under sees. 902-904, liow recoverable, §905. 543 
 
 General Powers, §0 46 
 
 Injurying, destroying, etc., water works and appurtenances, 
 
 §904 542 
 
 Privies, liog pens, etc., erection on' or near lakes, dams, reser- 
 voirs, etc., penalty, §903 542 
 
 Rates, lien of, §6 50 
 
 Rates, power to fix, §6 50 
 
 Rjates, Water P.oard to fix or abate, §S7A 105 
 
 Sale of Water, §6 47 
 
 Violations of sees. 902-904, fining not to exempt guilty party 
 
 from action for damages, §906 543 
 
 Water Board. 
 
 Appointment and qualifications, §87 104 
 
 Department of Public Improvements, Board member of, 
 
 §8 i 101 
 
 Subordinates, appointment of, §87 105 
 
 AYater Engineer to be President of, §87 105 
 
 Water bonds, §6 51 
 
 Water Engineer, appointment, qualifications and salary, §87. .. 105 
 
 Water stock, §6 50 
 
 Water supply, pollution of. penalty, §002 542 
 
 Water system in Annex and suburbs, §6 51 
 
 Water Rents. 
 
 Collected by Collector of Water Rents and Licenses, §59 91 
 
 Power to charge, lien of, §6 50 
 
 Water Supply Improvement. 
 
 See "Stocks, Loans and Finance." 
 
 Weights and Measures. 
 
 See "Inspections, Weiglits and Measures." 
 
 Welfare and Other Powers. 
 
 Power of city in relation to, §6 52
 
 INDEX. 
 
 677 
 
 Whakves. page 
 See "Harbor, Docks and Wharves." 
 
 Wires. 
 
 Underground, to be placed, §G 40 
 
 Use of streets by, §6 39 
 
 Wood. 
 
 See "Inspections, Weights and Measures." 
 
 Arbitration of disputes and measurement of, §599 299 
 
 Carts to be inspected, penalty, §598 299 
 
 Certificate of measurer of wood carts, §590 297 
 
 Cord wood, measurement of a cord, §591 297 
 
 Measurer of wood carts, compensation of, §590 297 
 
 Measurer of wood carts, duties, certificates of measurement, 
 
 §590 297 
 
 Oath of measurer, §593 29S 
 
 Office, measurer to have, §594 298 
 
 Penalty for sale of from cart not stamped, §598 299 
 
 Sawed and split wood, measurement of, §594 298 
 
 Short measure, penalty for, §592 297 
 
 Stick wood, sold at retail, measurement, §595 298 
 
 Unlawful sales by dealers, penalty, §596 298 
 
 Wood carts, capacity to be indicated by marking, §594 298 
 
 Wkits, 
 
 Arrest, returnable before station-house justices, §641 825 
 
 Renewable until executed, §305 218 
 
 When returnable, §304 218 
 
 Where returnable when issued by Justices of the Peace, §627. . 315 
 
 York Road. 
 
 Cobble stone and macadam paving on, prohibited, §838a 502 
 
 Zoological Collection. 
 
 See "Parks and Squares."
 
 This book is DUE on the last date stamped below 
 
 Viu.'- 
 
 1 RM 
 
 Form L-9-15m-7,'32
 
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 The new 
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 1^^ 
 
 Baltimore 
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